MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA

 

 

February 4, 2010

 

 

The Board of County Commissioners of Brevard County, Florida met in regular session on February 4, 2010, at 5:08 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman  Mary Bolin, Commissioners Robin Fisher, Chuck Nelson, Trudie Infantini, and Andy Anderson, Assistant County Manager Mel Scott, and Assistant County Attorney Christine Lepore.

 

 

The Board of County Commissioners acts as a Quasi Judicial body when it hears requests for rezonings and Conditional Use Permits.  Applicants must provide competent evidence establishing facts, or expert witness testimony showing that the request meets the Zoning Code and the Comprehensive Plan criteria.  Opponents must also testify as to facts, or provide expert testimony; whether they like, or dislike, a request is not competent evidence.  The Board must then decide whether the evidence demonstrates consistency and compatibility with the Comprehensive Plan and the existing rules in the Zoning Ordinance, property adjacent to the property to be rezoned, and the actual development of the surrounding area.  The Board cannot consider speculation, non-expert opinion testimony, or poll the audience by asking those in favor or opposed to stand up or raise their hands.  If a Commissioner has had communications regarding a rezoning or Conditional Use Permit request before the Board, the Commissioner must disclose the subject of the communication and the identify of the person, group, or entity, with whom the communication took place before the Board takes action on the request.  Likewise, if a Commissioner has made a site visit, inspection, or investigation, the Commissioner must disclose that fact before the Board takes action on the request.  Each applicant is allowed a total of 15 minutes to present their request unless the time is extended by a majority vote of the Board.  The applicant may reserve any portion of the 15 minutes for rebuttal.  Other speakers are allowed five minutes to speak.  Speakers may not pass their time to someone else in order to give that person more time to speak.

 

The invocation was given by David Dingley, Special Assistant to District 4 Commissioner Mary Bolin.

 

Commissioner Andy Anderson led the assembly in the Pledge of Allegiance.

 

 

Mel Scott, Assistant County Manager, stated there are no items scheduled for the March 4, 2010 Zoning meeting; and inquired if the Board would consider cancelling the meeting.

 

Motion by Commissioner Fisher, seconded Commissioner Infantini, to cancel the March 4, 2010 Zoning Meeting.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson stated thanks for the individuals that were involved in the groundbreaking ceremony at Kings Park last week for the initiation of the Island Pioneer Trail; there was a great turnout; and many of the folks in attendance were North Merritt Island homeowners.

 

 

Commissioner Nelson stated he attended the dedication ceremony for George L. Reynolds boat launching area at Kiwanis Island Park; it was a well attended event; and individuals from the Citizens for Florida Waterways were present to honor Mr. Reynolds.

 

 

Chairman Bolin called for the public hearing to consider Planning and Zoning recommendations of December 7, 2009 and January 11, 2010.

Item V.B.1-2009 (Z0912101) – Gerald Randall requests a CUP for Captive Wildlife in an AU (Agricultural Residential) zoning classification on 16.71 acres, located on the west side of U.S. 1, north of S.R. 5A (Stuckway Road), which was recommended for approval, with a maximum of 80 cats, by the Planning and Zoning Board.

 

Commissioner Fisher inquired if the applicant Gerald Randall is present today.

 

Thomas Blue responded he is the Chairman, Central Florida Animal Reserve, and Mr. Randall is not present today; he is representing Mr. Randall; and the Architect, Dave Menzel, is also present today with the authorization to also represent Mr. Randall.

 

Commissioner Fisher mentioned there were some concerns with the total being 80 cats, but it is not exactly going to be 80 cats; and if he can get a good description of exactly what will be done, how will it be phased in, and if there will be fencing.  He stated there are some homeowners in that area that asked him if the Item could be tabled; and he thinks Mr. Randall was planning to meet with them on February 22, 2010.  Mr. Blue stated actually he will be meeting with them; on Monday when he called for the arrangement of the meeting today, he spoke with Cindy Fox, Planning and Development and Enforcement Manager, who referred him to Commissioner Fisher’s Aide Liz Lackovich; shortly thereafter, he received a call from the Scottsmoor Community Association inquiring if they could meet; and he set up a meeting scheduled for February 22, 2010, because the Scottsmoor Community Association could not get all of the information needed together before this meeting today.  Mr. Blue noted he had not heard of the Scottsmoor Community Association until today; and he has no problem with tabling the Item today.

 

Commissioner Fisher inquired if this will cause any problems for them, with the current location of the cats.  Ms. Fox stated the Board actually extended the time limit that had previously been imposed upon them for 60 days in order to get them to this meeting; and there would need to be some acknowledgement, that the Board is extending to April 1, 2010.

 

There being no objections heard, motion was made by Commissioner Fisher, seconded by Commission Infantini, to extend time period to complete the CUP application process; and table Item V.B.1-2009 to the April 1, 2010 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Item V.B.1 (Z1001101) – Mobil Land Development Corp. requests a Small Scale Plan Amendment (10S.01) to change the FLU Designation from CC to PLNIP; and a change from BU-1 to PIP on 0.92 acre, +/-, located on the west side of U.S. 1, south of Canaveral Groves Boulevard, which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Infantini, seconded by Commission Anderson, to adopt Ordinance amending Article III, Chapter 62, of The code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the First Small Scale Plan Amendment of 2010, 10S.01, to The Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled The Future Land Use Map Appendix; and provision which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously.

 

 

Item V.B.2 (Z1001102) – Sanford L. Marion requests a CUP for Farm Animals & Fowl (one hog) an RRMH-1 zoning classification on 2.43 acres, located on the south side of Gandy Road, west of Hog Valley Road; (5025 Gandy Road, Mims), south of Canaveral Groves Boulevard.

 

Cindy Fox, Planning and Development and Enforcement Manager, stated she is requesting the Board table the Item to the April 1, 2010 meeting; it was tabled by the Planning and Zoning to its March 8, 2010 meeting; so it needs to be tabled to the April 1, 2010 Board of County Commissioners meeting.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Infantini, to table Item V.B.2 to the April 1, 2010 Board of County Commissioners meeting.  Motion carried and order unanimously.

 

 

Item V.B.3 (Z1001103) – Space Coast Rental, LLC requests a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 zoning classification 0.7 acres, located on the southeast corner of Secluded Way & U.S. 1; (175 Secluded Way, Titusville), which was recommended for approval by the Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Anderson, seconded by Commissioner Infantini, to approve Item V.B.3 as recommended.  Motion carried and ordered unanimously.

 

 

Item V.B.4 (Z1001104) – Central Sand, Inc. requests a CUP for Land Alteration in an IU zoning classification on 10.00 acres +/-, located on the north side of Golden Knights Boulevard, west of U.S. 1, which was recommended for approval by the Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Fisher, seconded by Commissioner Nelson, to approve Item V.B.4 as recommended.  Motion carried and ordered unanimously.

 

 

Item V.B.5 (Z1001201) – Ralph S. Perrone, Sr. and Cynthia L. Perrone, Co-Trustees requests a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 zoning classification on 0.79 acres, located on the west side of N. Courtenay Parkway, north of Baron Drive (865 Courtenay Parkway, Merritt Island).

 

Cindy Fox, Planning and Development and Enforcement Manager, stated she is requesting the Board table the Item to the April 1, 2010 meeting.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Anderson, to table Item V.B.5 to the April 1, 2010 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Upon motion and vote, the meeting adjourned at 5:19 p.m.

 

 

 

 

 

ATTEST:                                                                                                                                

                                                                        MARY BOLIN, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _                                  BREVARD COUNTY, FLORIDA

SCOTT ELLIS, CLERK