MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

August 7, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 7, 2008 at 5:02 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, County Manager Peggy Busacca, and Assistant County Attorney Morris Richardson.  Absent were Commissioners Mary Bolin and Jackie Colon.

 

The Invocation was given by Pastor Logan Dalton, Calvary Chapel, Merritt Island, Florida.

 

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance. 

 

 

 

County Manager Peggy Busacca stated the Workshop is currently scheduled to begin at 1:00 p.m., but the Agenda is quite lengthy; and requested permission to begin the workshop at 10:00 a.m. on August 14, 2008.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to reschedule the start time of the August 14, 2008 Budget Workshop from 1:00 p.m. to 10:00 a.m.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough stated on August 13, 2008 at 5:00 p.m. at the City of Titusville City Hall, there will be an open forum for the public to ask questions regarding the space program; Kennedy Space Center Director Bill Parsons, Congressman Tom Feeney, Frank DiBelo, and Marshall Heard will be present; and he would like for the discussion to be re-broadcast on Space Coast Government Television for those who cannot attend.  Commissioner Voltz stated the forum should also be advertised if all Commissioners attend.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve SCGTV to re-broadcast the Space Forum to be held on August 13, 2008 at 5:00 p.m. at the City of Titusville City Hall; and direct staff to advertise the re-broadcasting.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough called for a public hearing to consider tabled items as follows.

Item VI.A.2. (Z0711101) Lahinch Land Partners, LLC’s request for change from AU to RA-2-4 on 8.94 acres located on the north side of London Town Road, west of Carpenter Road, which was recommended for approval by the Planning and Zoning Board.  This item was withdrawn from the Agenda.

 

 

Item VI.B.3. (Z0807201) Dusan and Katherine Fridl’s request for a CUP for a Bed and Breakfast Inn in an EU zoning classification on .49 acre, located on both sides of Indian River Drive.  This Item was withdrawn by the applicant.

 

 

Item VI.A.3. (Z0712201) Robert Dean Straney’s request for change from RU-1-9 to RP on 0.48 acre located on the northwest corner of Tennessee Avenue and Warner Way, which was recommended for denial by the Local Planning Agency and the Planning and Zoning Board.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to table Item VI.A.3. to the December 4, 2008 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough called for a public hearing to hear tabled item of April 3, 2008 as follows.

 

Item VI.A.1. G & D Developers, L.C.’s request for a Small Scale Plan Amendment (08S.3) to change the Future Land Use designation from Residential 1 and Residential 2 to Residential 4, and a change from AU to EU on 7.434 acres located east of U.S.1, south of Cidco Road, which was recommended for denial by the Local Planning Agency and the Planning and Zoning Board.

 

Chairman Scarborough stated it is his understanding a binding development plan was submitted late. 

 

Rick Enos advised there was a Binding Development Plan that was proposed this week and was a change from the previous one; the applicant is abandoning the Residential 4 request and is now requesting Residential 2 instead; and on the seven-acre tract, the applicant is requesting, through a binding development plan, to have eight lots on the seven-acre tract, which works out to be 1.4 lots per-acre. 

 

Chairman Scarborough stated copies of the binding development plan will be available in the rear of the room and the Board will come back to the item later in the meeting.

 

  

Chairman Scarborough called for the public hearing to consider recommendations of the Planning and Zoning Board of July 7, and 10, 2008 as follows.

 

Item VI.B.1. (0807101) – Teresa A. Ponchak and Judith A. Williams’ request for a change from GU to AU on 2.23 acres, located west of Fan Palm Avenue, north of Cabbage Palm St., which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.1., as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

Item VI.B.2. (0807102) Terrie E. Labrie’s request for a change from GU to AU on 1.2 acres, located west of Shawnee Place, south of Bryce Street, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.2., as recommended by the Planning and Zoning  Board.  Motion carried and ordered unanimously.

 

 

Item VI.B.7. (Z0805103) John J. Greene, Trust, U/A/D, and Luella Ann Greene, and Margo G. Zauner, Trustees’ request for a Small Scale Plan Amendment (08S.10) to change the Future Land Use Designation from NC to CC and a change from RU-2-10 to TU-2, on 6.118 acres, located east of Carpenter Road, south of Highway 46, which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.7., as recommended by the Local Planning Agency and the Planning and Zoning Board; and adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Tenth Small Scale Plan Amendment of 2008, 08S.10, 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 provisions which required 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. 

 

 

 

Chairman Scarborough called for the public hearing of tabled item of May 29, 2008 as follows.

 

Item VI.A.4. (Z0805102) David O. Holland’s request for a CUP for Alcoholic Beverages for On-Premises Consumption (beer & wine only) in a BU-1 zoning classification on 1.02 acres, located west of U.S. 1, south of Aurantia Road, which was recommended for approval by the Planning and Zoning Board.

Attorney John Evans distributed information to the Board and to the Clerk.  He stated his client is requesting beer and wine sales at an old feed store in Mims; the first picture in the Board’s packet is an aerial of the feed store, which shows amount of woods and isolation of the property; and there is 425 feet from the feed store to the nearest residence.  He stated he is aware of only one complaint from Mrs. Waters; Mrs. Waters has three main objections; one is the fact there may be a bus stop at the property; another concern is that people may park on her driveway; and the last concern was that people may walk onto her property because of the beer and wine sales.  He stated his client proposed a binding development plan, which is also in the Board’s packet.

 

Chairman Scarborough inquired if everyone has seen a copy of the binding development plan; with indication from an audience member that they have not seen the binding development plan.  Mr. Evans stated the binding development plan was mailed to the audience member.  Chairman Scarborough stated the issue needs to be clarified because he does not want to proceed and have a protracted discussion, when all it takes is for information to be provided.  Mr. Evans stated he has no problem with that. 

 

 

VI.B.4. (NMI80701) Rishi Estate Properties, LLC’s request for CUP for Alcoholic Beverages for On-Premises Consumption in a PIP zoning classification on 0.37 acre, located on the southwest corner of Duval Street and N. Courtenay Parkway, which was recommended for denial by the North Merritt Island Dependent Special District Board.

 

Attorney John Evans distributed a series of petitions and emails in support of the project to the Board and to the Clerk.  He noted there are 700 signatures on the petition; and there are 60 emails.  He stated the subject property was controversial in the past because of the LaCourt rezoning; but his client has a different proposal, and has prepared a binding development plan, which he believes addresses all the neighbors’ objections.  He stated the binding development plan will provide that there be a large sign reading, “Not A Thru Street”, because there has been concern about people leaving the restaurant and driving into the residential neighborhood to the west; all activities will be inside the structure to ensure there is no outside music or entertainment; and the hours of business would be restricted to 10:00 a.m. to 10:00 p.m. and 11:00 p.m. on Friday and Saturday.  He noted there is a question of the school bus stop located at the property; and his client would allow the school bus to enter through the shopping center.  He stated the CUP would only be associated with a restaurant; and if someone else purchases the property to put in a bar, the CUP would go away automatically. 

 

Chairman Scarborough inquired if Mr. Evans gave the persons interested in the item a copy of the most recent binding development plan; with Mr. Evans responding affirmatively, as it is the binding development plan that was presented at the North Merritt Island Dependent Special District Board meeting.

 

Mr. Evans stated he believes the binding development plan will substantially minimize the impact of the CUP on the surrounding neighborhood.  He stated one difference between this request and the LaCourt request is that the LaCourt request was for the entire shopping center; the current request is only for three units; and as stated in the binding development plan, there will be no other CUP’s on the entire property.  He stated the previous CUP request was for a bar; the current request is for a restaurant; the previous request was to operate until 2:00 a.m.; the  current  request  is only to operate until 10:00 p.m. or 11:00 p.m.; and maximum seating for the restaurant is 250 seats, which is not a particularly big restaurant.  He stated the property has more than adequate parking to service the restaurant and other businesses in the center; another concern was the noise from the restaurant bothering the residents to the west; when the shopping center was built there was a buffer of 150 feet of natural woods; and he believes the woods provide a very adequate buffer for the noise that may be generated from any business.  He stated there is a concern about traffic safety; when the shopping center was built, FDOT required his client to install acceleration and deceleration lanes on North Courtenay Parkway; and it has been designed to operate at capacity and the traffic is going to be acceptable according to FDOT standards.  He stated the school bus stop is on North Courtenay Parkway; his client has worked with the School Board to pick up the children on Duval Street and drive through the parking lot to get back onto the highway; and the School Board indicated if it is something the residents want, they would consider it, but he does not think the residents have asked, so there is no firm answer yet.  He stated the residents have said the bar will devalue their property; and he has an affidavit from Sandra Cerrato, who is a licensed Florida real estate broker and whose opinion is a CUP on the property will not have a negative financial impact on the residences near the property.  He noted there are 700 signatures supporting the request; he agrees not all signatures are from residents north of the Barge Canal, but the Board can see it is an item important to the residents of Merritt Island; and he asked if those in support of the request would please stand. 

 

Chairman Scarborough asked if those supporting the item and live in North Merritt Island to remain standing and the others to sit down.  Mr. Evans stated he knows the Sunset Groves Subdivision is opposed to the request.

 

Mr. Evans stated his client, Bill Grillo, owns the ice cream shop in the shopping center; it is a clean, wholesome, family place that he runs; and the restaurant is going to be a clean, wholesome, family restaurant and will be an asset to the North Merritt Island community.  He stated his client has met the requirements of the zoning code in terms of compatibility with the surrounding properties and terms of the value; and he requests the Board’s support for the CUP.

 

Commissioner Nelson inquired if Mr. Evans already submitted a binding development plan, because he does not have one.  Mr. Evans replied he mailed a copy of the binding development plan to Commissioner Nelson approximately a week and a half ago.  Commissioner Nelson stated it did not make it into the Board’s packages.  Chairman Scarborough requested the audience members who have not seen the binding development plan to raise their hands.  Mr. Evans stated the binding development plan is basically the same binding development plan that was presented at the North Merritt Island Dependent Special District Board meeting. 

 

Chairman Scarborough inquired what Mr. Evans means by basically; with Mr. Evans responding he corrected some spelling and agreed that if the restaurant went away, the CUP will also go away.  Chairman Scarborough stated he would like everyone to get a copy of the updated binding development plan; and his concern is if there are people who do not have information it is hard for them to comment on the binding development plan. 

 

Mr. Evans stated he has had neighborhood meetings, and a meeting with the North Merritt Island Dependent Special District Board; and the presentation has been made three times to the residents, so they know the concessions that have been offered.

 

Keith Barto stated he is in favor of the CUP as long as the binding development plan is accepted; generally, he frowns on development north of the Barge Canal because every time something is developed it turns into something else, gets abandoned, or signs are placed where they should not be; but if Mr. Grillo agrees to the strict binding development plan, he does not have a problem; and he knows Mr. Grillo personally and he will stick to his word, and the restaurant will go away if the binding development plan is not adhered to.  He commented on properties that have been rezoned and now have derelict boats or signs that are too large or unattractive. 

 

Richard Moore stated he does not live north of the Barge Canal, but the nature of his business takes him throughout the County and he is familiar with the subject property; he knows Mr. Grillo’s methods of conducting business; and he is in favor of the project and asks that the Board approve it.  He stated the proposed restaurant would be a benefit to the community as a whole; and Mr. Grillo has taken measures to ease the fears of neighbors.

 

Al Scotti stated he lives on North Merritt Island near the new park that was put in his backyard, where there are 2,000 to 3,000 kids coming through every week for games; and the idea of putting a restaurant on North Merritt Island is a good idea.  He stated he is in support of the restaurant, but he was not in support of the park; the park ended up in his backyard; and he now supports the park and the proposed restaurant.  He noted a family restaurant is needed in North Merritt Island; and he knows Mr. Grillo personally and knows he will stick to the binding development plan. 

 

Norman Terry stated he lives in Rockledge but conducts business in North Merritt Island; he is in favor of the restaurant so that he and his employees can have a good place to eat lunch; and he would like to have a nice establishment to take clients and conduct business.

 

Bill Grillo stated he is the one trying to open the proposed restaurant; he has lived in Brevard County for 22 years; he has operated several businesses in Brevard County; one of his sons will be the manager of the new Aldi Supermarket on Merritt Island; and that is a big accomplishment to him and his character.  He stated he contributes a lot to foundations such as the KLD Youth Foundation,  and  Intervention  Center;  and  he  has  supported  countless numbers of baseball, football, soccer, and cheerleading leagues.  He noted he currently owns Bugsy’s Café, which he started with his son a year and a half ago; Bugsy’s was a test for him to see if he wanted to be in the restaurant business; and it has proven to be so successful that he wants to expand it.  He stated he came up with the idea of a sports-type grill that would support a lot of the young people that are currently using Mitchell Pak; it was his idea to have a 150-seat sports grill where kids can put up team photos and trophies; and it would be a great place for families to go and dine together.  He stated the menu has been posted on the Internet; it is a reasonably priced menu; and he feels a restaurant like the one he is proposing is overdue on North Merritt Island.  He  stated  there  are  four restaurants on North Merritt Island, two of which could be considered bars; there are 2,000 to 3,000 kids using Mitchell Park every week; families leaving the park are looking for entertainment; and his restaurant would be exactly what they are looking for.  He stated the restaurant would be privately owned and he is not bringing in a franchise; it is his own concept; but unfortunately, he has to compete with bigger restaurants; and his restaurant needs the CUP for alcohol.  He stated people like to have a cocktail with their dinner; but the restaurant is not going to be a bar; and the Board is going to hear people say that he is a wolf in sheep clothing.  He stated he has proposed a binding development plan, and if he does not do what is indicated in the binding development plan, then the County can take away his CUP, and he will shut the restaurant down; but the CUP is important to him; there are 750 people who support the project; and 70 emails in support have gone to Commissioner Nelson’s office.  He stated the economy is bad right now, but the restaurant will create 30 to 40 new jobs; gas is expensive right now and there are people on North Merritt Island that have to travel 30 to 40 minutes to get to a good restaurant; and there is no reason not to have a restaurant on North Merritt Island.  He noted the restaurant would not impact the surrounding neighborhood; there is adequate parking and traffic control; and there will be a separate dining room for people who do not want their children to see someone at the bar having a drink.  He stated his restaurant will close at 10:00 p.m.; bars close at 2:00 a.m.; and he would like the Board to keep that in mind when voting. 

 

Lori Kulczycki stated she is a resident of Sunset Lakes; she has three daughters who drive; North Merritt Island has the Causeway Diner; and the idea of a family friendly bar is ridiculous.  She stated there are four or five bars already on N. Courtenay Parkway, and she can hear the car screeches and skidding; Mr. Grillo’s reputation is another subject; but looking at backgrounds and histories of previous facilities, he has walked out on people owing them money; and inquired who is to say it will not happen again.  She stated she can speak for most of the residents in Sunset Lakes, and there is no one that is thrilled with the idea of a restaurant; if someone has children, there are plenty of restaurants to go to; and sports restaurants for children where alcohol is served does not seem to go together, as it is dangerous.  She stated she is opposed to Mr. Grillo putting in another one of his so-called businesses, and having problems with alcohol consumption at the restaurant.

 

Steve Testa stated he lives in Indian Bay, which is north of the Barge Canal; he has lived on North Merritt Island for 18 years; and after 18 years he has been hoping there would be a quality eatery on North Merritt Island where his family would not have to drive 20 or 30 minutes in order to sit down and have a bite to eat.  He stated the plan for the restaurant is sound; from a  decision  making standpoint, there  are  a  couple things that  need to be looked at; and those things are risks and unknowns.  He stated Mr. Grillo’s ice cream/sandwich shop is nothing short of a success; he finds it a clean, family run business with a quality manager and quality personnel; and overall it is a very good business.   He stated the bottom line is good businesses are needed on North Merritt Island; he has seen some businesses fail, which is tragic; but Mr. Grillo’s proposal is an opportunity to do the right thing for the community. 

 

Gregory DuBois stated he has lived in Brevard County since 2000; he was also stationed in Guam for two years; being a sailor, he has seen a lot of bars, but he has also seen a lot of restaurants; and if Mr. Grillo’s proposed establishment is going to be classified as a bar, then places like Chili’s, Olive Garden, or any other restaurant in Brevard County would be considered a bar if it serves alcohol.  He stated there are several youth organizations on North Merritt Island; and the proposed restaurant would be a place for families to go after competitions and practices to sit down and have a nice meal.  He stated he has been to Bugsy’s many times; the staff looks after its customers; and it is a family organization.  He noted he would rather patronize a family organization than an establishment that makes money for a corporation that is not in Brevard County; and the money from Mr. Grillo’s establishment will stay in Brevard County.  He stated the proposed restaurant is not a bar where people will go to get drunk and then go hot-rodding; but it is a family place that is appropriate for young children. 

  

Dave Walsh stated he has lived in Sunset Lakes for 15 years; he has been happy with the slow growth he has seen on North Merritt Island compared to other areas in Brevard County; and he is happy to see another restaurant coming to North Merritt Island, but he sees no reason for it to serve alcohol.   He inquired if it is truly a restaurant, then why does the owner want to call it a sports bar; it is in an area that is a small strip mall in a highly residential community with only one way in and one way out; and at the corner of the location is where kids get on and off the school bus every day.  He stated he wishes Mr. Grillo success in his restaurant business, but he sees no reason why there needs to be alcohol at the proposed location.

 

Steve Jesanis stated people have stated the proposed use will be a restaurant, but it is a bar; Applebee’s is a bar, Chili’s is a bar, and the proposed use will be a bar; successful restaurants do not need liquor; and inquired why Mr. Grillo has to serve liquor in order to be a success.  He stated there are plenty of restaurants on North Merritt Island; it is a unique community with five or six places for people to go eat lunch; and he has a petition with 47 signatures of which 38 are from North Merritt Island, who are against the CUP.  He stated the entrance to the subdivision to the rear of the property is in front of where the bar will be; the housing values will decrease; and North Merritt Island does not need a liquor license approved with the restaurant. 

 

Everette Stephens stated he is a resident of Sunset Groves and is also the former president of the homeowners association that was in place at the time of the LaCourt rezoning in 2005; the current board of the homeowners association asked him to speak about the previous CUP request; and to do that, he would like to speak in terms of due diligence.  He stated he is a program manager for the United States Defense Department; in the execution of his duties, he spends millions of dollars of taxpayer money to purchase training systems for war fighters, which is needed for safety and to further democracy; and the Board is also civil servants who will be making a decision regarding finance and safety.  He stated on August 5, 2004, October 7, 2004, and February 15, 2005, the Board discussed every aspect of having a CUP at the proposed location; during the meetings, the Board heard from attorneys representing the applicant,  the  Sunset  Groves  Homeowners Association, and numerous citizens who wanted a billiards establishment; 96 percent of the homeowners in Sunset Groves were opposed; and the residents of Sunset Groves spent many hours of their personal time to ensure an accurate rendition of the effects of granting a CUP.  He noted the topics discussed at those meetings mirror some of the topics the Board will hear tonight from some of his neighbors; and asked if his neighbors who are opposed to the CUP would please stand.  He stated the discussion topics with the previous request  were inclusive of the effects of alcohol consumption, increased traffic, the proximity of the school bus stop, property values, and noise; at the close of the final meeting on February 15, 2005, the Board voted unanimously against the CUP; and based on the facts at hand, the Board made the only decision it could make.  He noted after the final meeting, a memorandum was issued by the Board’s Clerk, Scott Ellis, to County Attorney Scott Knox outlining a finding of fact and reasoning for disapproval; the Board found that granting a CUP would place alcohol consumption within 404 feet of residential structures; it found that the value on some residences on Biscayne Drive would be projected to drop between 10 percent and 15 percent; and the Board said the CUP is the permit necessary to operate a bar in a proposed business, even if it is within one unit of a site.  He stated Duval Street is the only means of ingress and egress to the Sunset Groves neighborhood; the site the CUP is requested for abuts a school bus stop on Duval Street; and there are 63 children that live in Sunset Groves.  He stated he is opposed to the CUP, and requests the Board deny the CUP. 

 

Commissioner Colon’s presence was noted at this time.

 

Bob Wilcox stated during the October 7, 2004 and February 15, 2005 public hearings, he presented statistics on alcohol related issues; and he would like to reiterate them for the current request.  He stated the statistics regard driving under the influence and alcohol related crashes; according to information from FDLE’s web pages in 2003, were 1,122 arrests for DUI in Brevard County; those are just the arrests; but there are many more that are not caught.  He advised the Florida Department of Highway Safety and Motor Vehicles report that in 2003 there were 57 alcohol related crashes on Merritt Island; the National Highway Traffic Safety Administration estimates that three out of 10 people will be involved in alcohol related crashes at one time during life; NHTSA also indicates that in 2003, motor vehicle crashes were the number one cause of death for people from age 2 to 33 years old; and according to a gallop poll, 97 percent of the general driving public feels drinking and driving is a threat to their personal safety, and 66 percent feel it is important to do something to reduce the problem.  He stated according to the Bureau of Justice and Statistics, approximately 40 percent of all crimes are committed under the influence of alcohol; and given that, sales projections for such a large establishment, basic common sense leads one to conclude there will be a dramatic increase in intoxicated people and impaired drivers in his neighborhood if the CUP is granted.  He commented on Duval Street being a dangerous intersection even though acceleration and deceleration lanes have been put in; and it is difficult to come out of Duval Street and turn north when there is northbound traffic that wants to turn into another area.  He stated the applicant’s CUP request states, “Ingress and egress to the center will generally be from Courtenay Parkway.  Some traffic may enter the center from the side street”; stated he lives there and he knows that is a false statement; and all entering traffic to the complex will be at Duval Street.  He stated what is being contemplated is people drinking and then taking on the challenges of merging onto North Courtenay Parkway; and  that is a formula for disaster.   He noted it is also scary to think of school children being put into the mix; the children are getting off of buses after school in the middle of the shopping center during hours of operation; there is no way the Board can say the liquor serving establishment is in any way compatible with the neighborhood; and the applicant can find another location to set up his bar.  He stated the neighborhood looks to the Board to protect the safety of their children and the quality of life. 

 

Ray Scarpa stated the CUP being requested for the proposed sports bar is a concern to him; there are over 50 children in the Sunset Groves subdivision, some of which use the school bus stop located across the street from the planned sports bar; and the establishment will be open for business during the time that children are getting out of school and will be using a bus stop to come home from school.  He stated consumption of alcohol close to a bus stop presents a potentially dangerous situation to children; one resident, Linda Link, contacted the school district transportation office and spoke to Candy Little to ask if the bus stop could be relocated at the back of the Welcome Home Center parking lot; and Ms. Link was told the bus stop could not be relocated because it is private property and a bus cannot be driven through private property under any circumstances.  He noted there have been several occasions over the past few years in which the parents in Sunset Groves asked to have the bus pull into the subdivision to pick up children; the transportation office feels it is safer for the bus to stop on North Courtenay Parkway than to turn into the subdivision and then re-enter the main highway; and the school bus will remain on the northwest corner of Duval Street and North Courtenay Parkway.  He stated most vehicles will be entering and leaving the parking area from one of the two Duval Street entrances to get to and from the sports bar; that will place most of the sports bar traffic at the same intersection as a bus stop at the end of Duval Street; and alcohol consumption so close to a school bus stop presents an unacceptable risk to children in Sunset Groves.  He stated the residents have been told the proposed business is a restaurant and not a bar; in his opinion, a restaurant is a place to have dinner and a drink with your meal; a sports bar is a place to go and have some food with drinks or watch sports on television; and dinner at a restaurant may take an hour, but sporting events will take two to four hours with most patrons drinking during that time and impaired when leaving the sports bar.  He noted there are no street lights anywhere on Duval Street; after dark it is difficult to see anything on Duval Street; the lack of street lighting only compounds a problem when it comes to those who may be driving while impaired; and he does not feel like the proposed business is compatible with the neighborhood and will have a negative impact on home values; but the safety of children is his main concern.  He stated he would like to ask the Board to deny the request for the conditional use permit.

 

Jerry Murr stated he is a member of the Sunset Groves Homeowners Association; and he would like to point out some defects in the business center that makes it inappropriate for the location of a sports bar.  He stated the residents fear the business will be successful; the main concern is the lack of parking; there are 43 parking spots shared by seven store fronts; and most of the parking for the sports bar will be in the back parking lot, which has 91 spaces.  He stated an appraiser testified at the LaCourt hearings and pointed out the design flaw and said the real way to design a shopping center is to put all the parking in the front of the business so that the sound is reflected off the front of the business toward the street; and the way it is built is so that the noise will come out of the back of the sports bar and be reflected toward the neighborhood.  He stated the  buffer area is 130 feet,  but there  is a  100-foot wide FPL easement, there is another one at Duval Street that is 80 feet wide; and the attorney at the previous meetings pointed out the buffer does not meet the criteria for a Class A landscape effort that is required between residential and commercial areas by Brevard County Ordinances.  He stated he knows what happens in a sports bar parking lot after a few drinks; shouting conversations is about 90 decibels; sounds of honking horns is about 100 decibels; a Harley Davidson is over 100 decibels;  and  that is what is going to happen outside a sports bar.  He advised at a meeting on January 29, 2008, Mr. Grillo indicated the sports bar would stay open on occasion past 10:00 p.m. or 11:00 p.m.  He stated the CUP request is for 150 seats, but on the floor plan over 200 seats can be counted; Mr. Grillo advertises a function room on his website with the capacity to hold 100 patrons; and that could equate to one person per car.  He stated the business center is not designed to handle the traffic and noise that would be generated by a sports bar; and requested the Board deny the request for a CUP, as it is not compatible with the neighborhood. 

 

Kathie Murr stated she is the president of the Sunset Groves Homeowners Association; the traffic and noise issues identified by the previous two speakers lead to the issue of declining property values; and the basis of the evidence is the testimony given during the 2005 hearings concerning Diamond Zone Billiards and the findings of fact that came out of that decision.  She stated during the 2005 hearings, the MIA appraiser pointed out that sports bars are not located in front of estate sized homes; they are okay in front of apartment buildings, or homes of lesser value where they are properly buffered and designed correctly, but not in front of a neighborhood of homes valued at $200,000 to $400,000; and the request would be inconceivable in front of a subdivision in Viera or Suntree.  She stated the MIA appraiser advised the real estate market boils down to perception when near a sports bar; and a potential buyer driving into the neighborhood on a Saturday or Sunday afternoon when the parking lot is full, will turn around and drive out because for $400,000 in Brevard County, one can buy a lot of houses in areas where that type of environment does not exist.  She noted the findings of fact on the last CUP application stated the value of some residences located on Biscayne Drive is projected to drop between 10 percent and 15 percent if the CUP is granted.  She stated the applicant claims the use is only for a restaurant and that the binding development plan limits the CUP to restaurant use only and that a liquor license requires a full kitchen to serve food; but she read the original binding development plan and it stated if there are zoning changes the agreement no longer applies; and in addition, Mr. Grillo has added that he can be the only person granted a CUP in that location.  She stated a requirement for a full kitchen does not make a restaurant; there can be a big difference between a restaurant that happens to serve a little beer versus a bar that happens to serve a little food; and if a CUP is allowed in the corner of the business center, then what basis could the residents have to oppose a CUP in another unit of the business.  She stated the evidence is clear that granting a CUP for a sports bar would lead to a serious decline in the value of homes in the Sunset Groves subdivision; as the mother of three children who will be using the bus stop, she wants the Board to consider her children; and she does not want her children exposed to the dangers of drunk drivers.  She stated Mr. Grillo has stated his establishment will be like Beef O’Brady’s; she will go to Beef O’Brady’s  on  Tuesday  because  it  is  kids  night;  but  she  would  never  take her kids to Beef O’Brady’s on Super Bowl night and other sporting events.  She stated the residents have been working with Mr. Grillo since the end of January; there has been six months of conversation with Mr. Grillo  and  his story has  changed;  on  the  original  request it was 250  seats and  hours  of operation until midnight; and when Mr. Grillo found out he had to apply for a CUP, a lot of things he told the residents has changed.  She distributed a copy of a petition to the Board from the homeowners association, and research on Mr. Grillo’s character from the Clerk of Courts website.

 

David Ricouard distributed handouts to the Board and to the Clerk.  He stated previous speakers have demonstrated the problems residents face everyday with the U-turn; Commissioner Nelson experienced it himself when he visited the site; the main entrance to the shopping center is on Duval Street; and alcohol cannot be afforded into the mix.  He stated the hours of operation and sale of alcohol conflict with the afternoon and early evening school bus activities; the School Board will not move the bus stop; and a CUP for alcohol is not compatible with any school bus stop.  He noted there is supposed to be a six-foot block wall for a buffer zone, but the wall is only three to four feet above grade and does not meet County ordinances; and the buffer is only 130 feet long, and not the 150 feet that has been presented by Mr. Evans.  He commented on the MIA appraiser at the 2005 meeting testifying to the devaluing of property, and it is also recorded in Resolution 05-099.  He advised the petition against approval of the CUP is signed by residents that would be negatively affected if the CUP is approved; the applicant’s petition for approval is from Bugsy’s customers, Kennedy Space Center workers, and the Internet.  He noted the handout he gave the Board is from Mr. Grillo’s website; no place on the website mentions alcohol being served at the proposed establishment; and there is a quote on the website by Mr. Grillo stating the residents resist the issuance of a CUP and the opening of a new restaurant.  He stated the residents do not resist the opening of Mr. Grillo’s restaurant; the residents resist the approval of a CUP for alcohol; and the website does not state the CUP is for alcohol consumption.  He stated County Ordinance states, “The initial burden is on the applicant to demonstrate that applicable standards and criteria are met.  Applicants which do not satisfy the burden cannot be approved.”  He noted the Ordinance states, “The conditional use will not result in a substantial inadverse impact on adjacent and nearby properties; the proposed use will be compatible to the adjacent and nearby properties with regard to use, function, operation, hours of operation, type, and amount of traffic generated.  The proposed use will not cause a substantial diminution in value of abutting residential property.”  He stated the residents do not want to deny Mr. Grillo of his family restaurant; Mr. Grillo has not demonstrated that he has satisfied the burdens as listed; and based on the obvious incompatibility, the residents of Sunset Groves are asking the Board to deny the request for the CUP that would allow the sale of alcoholic beverages on premises of consumption.

 

Mary Hillberg stated at the meeting of the homeowners association, when the applicant spoke to the residents, it was discussed and unanimously denied by the homeowners association.  She stated at the North Merritt Island Dependent Special District Board, the meeting room was full with a substantial number of people opposing the CUP; the North Merritt Island Board recommended  unanimously  that  the  CUP  be  denied;  and  the basis of that recommendation involved the safety issues the Board has heard about today as well as the property value and traffic issues.  She submitted to the Board, and the Clerk, a petition from Mr. Jesanis.

 

Tracy Stephens introduced her daughter, Seashell, and stated she is one of the children who would love to ride her scooter to get ice cream and not be hit by a drunk driver.  She stated she does not think there is anyone in Sunset Groves who supports the CUP request; she does not oppose a restaurant, but the restaurants she takes her child to are not bars; and places like Cracker Barrel and Chick-Fil-A are successful without selling alcohol.  She stated Mr. Grillo keeps stating his establishment will be a clean, wholesome, family friendly restaurant; and that does not mean alcohol.  She stated North Merritt Island may need a restaurant, but it does not need alcohol sales; and the residents do not care about having another restaurant on North Merritt Island.  She commented on people going to the restaurant at lunch and going back to work drunk.  She stated she does not know a lot of people who would support driving drunk with children in the car; and she is okay with a restaurant if alcohol is not sold and consumed. 

 

Tyler Myers stated he has worked a lot with Mr. Grillo over the past couple of years; there are two sides to every story; and before the Board questions Mr. Grillo’s reputation, it should investigate the stories and find out the truth.  He stated the restaurant is a different establishment than the pool hall that was supposed to open there in 2005; a pool hall is a destination where people go to get drunk, as it is a different establishment than a restaurant; and people will go to the restaurant just like Chili’s or Applebee’s to eat, have a couple of drinks, and go home.  He stated it seems reasonable that the school bus could pull into the parking lot in the morning and afternoon; and there is another exit to the shopping center that can be used to the south and away from Duval Street.  He stated he agrees with the issue of people trying to turn north onto North Courtenay Parkway from the subdivision; but he solves the problem by going south and making a U-turn and then going north; and there does not have to be alcohol in restaurants in order for people to drive badly and get in accidents.  He stated there will not be any noise issues; and he would be happy to do some noise levels for the Board.  He stated he is in favor of the proposed restaurant; he has been a part of the plans with Mr. Grillo, who is very proud of the restaurant; and the residents of North Merritt Island would embrace the restaurant.  He stated parents coming from the ball field are smart enough not to get drunk and drive home with their kids.

 

Stephen Townsend stated he is opposed to the CUP request for alcohol in the proposed location; he has children; and serving alcohol adds risk.  He stated alcohol at that intersection will add to the risk of accidents; the intersection is dangerous enough as it is without alcohol; and those types of establishments are not located on Wickham Road.  He stated it is poor planning that something was allowed to be built in an area after a neighborhood was established; he is for property rights and someone’s right to get drunk, but not at his cost.  He stated the proposed establishment will cause diminution of his property value. 

 

Sandy Maguire stated she had no intention of speaking, but in listening to the previous speakers, Merritt Island might as well be closed down; inquired if people are not allowed to go to a restaurant to have fun; stated she raised her son close to a bar in Brooklyn, New York, and he graduated from St. Johns University; and she never feared for her child’s life because someone was drinking alcohol.  She stated everyone should not suffer because of one subdivision.

 

John Evans stated the closest residence to the subject property is 400 feet through 150 feet of woods.  He advised the only evidence before the Board is the affidavit of Sandra Cerrato that says she has conducted a study of single-family residences in similar circumstances and she can find no instance where there was a reduction of value of a single-family residence that is located near a restaurant that serves alcohol; and it was Ms. Cerrato’s opinion that the sale of alcoholic beverages at the proposed site will not reduce the value of the residences on Biscayne Drive.  He stated he compares the proposed restaurant to Dixie Crossroads; the Board knows Laurilee Thompson is a responsible person, but she serves alcohol at her restaurant; Dixie Crossroads abuts a single-family neighborhood; and Ms. Thompson is not responsible for car accidents up and down Garden Street. He stated one speaker made it sound as if alcohol should be banned in Brevard County; people are required by law to act responsibly; and the vast majority does so.  He stated his client has met the burden in terms of compatibility because he has put his promises in writing in a binding development plan; and if his client violates the binding development plan, the Board can take away the CUP.  He noted all activities will be inside the restaurant; the hours of operation have been specified; and the reason the size has gone down to 150 seats is because the State recently changed the guidelines and now a 4-CUP can be obtained at 150 seats, and not 200 seats.  He advised FDOT has approved the entrance and access to the shopping center; new traffic is not being created by the issuance of the CUP; and he would appreciate the Board supporting the application. 

 

Commissioner Nelson inquired if Ms. Cerrato is present to answer questions about her affidavit; with Mr. Evans responding no.

 

Mr. Townsend stated in regards to noise, Commissioner Pritchard rolled over on the issue in 2005 because of the wind blowing from the east; the building was cheated into the easement; and if the County would have set the building back further, the wall would have turned and came up to spare the people at the entrance to the subdivision from Duval Street.  He stated in 2005 Commissioner Pritchard finally agreed the building was built improperly; Commissioner Pritchard asked staff to find the documentation that allowed the builder to cheat on the building; and if it is documented in the County records, he would like a copy.

 

Commissioner Nelson stated it is a site plan issue.  Chairman Scarborough stated it is worth finding out the answer.

 

Chairman Scarborough stated things can change; the property is owned by a limited liability company, which can be sold; the Board is dealing with a CUP for the use of alcoholic beverages; and the issue is the compatibility.  He stated there is a difference between alcohol in a restaurant and not in a restaurant; and because of the traffic patterns, the proposed CUP does not work.  He noted he does not find Dixie Crossroads creating an internal neighborhood risk to an extent like the proposed use does; he believes the issue of a restaurant on Merritt Island is driven by the market; and he believes the issue of a sports bar is driven by the market; but he has voted against churches because they have been incompatible with neighborhoods.  He stated there are certain places a business should be, and certain places where businesses should not be; and he has not changed his view.

 

Commissioner Nelson stated he has the same concerns; it is not a popularity contest about whether or not there needs to be a restaurant north of the Barge Canal; and that is not what is at issue.  He stated the question is how it fits into the community and if the CUP for alcohol is compatible with the circumstances the Board finds itself in; and he has concerns based on the testimony he has heard today.  He stated the proposed restaurant will be a place for space center workers after hours, and he has concerns with the traffic; and he is not going to support the CUP.

 

Commissioner Voltz stated she was on the Board in 2005 for the LaCourt issue; and the billiard facility turned out to be a bar.  She stated she is not in support of the CUP because it is incompatible and there are traffic concerns. 

 

Commissioner Colon inquired if there is a possibility of having discussions with FDOT to see if it can help with the traffic concerns.  Commissioner Nelson stated that discussion needs to occur regardless of the outcome of the request, and his office will look into it.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to deny Item VI.B.4., as recommended by the North Merritt Island Dependent Special District Board. Motion carried and ordered unanimously.

 

 

Commissioner Colon inquired if the County Attorney will do a finding of fact; with Chairman Scarborough responding Assistant County Attorney Morris Richardson will prepare a finding of fact.

 

 

The Board recessed from 6:45 p.m. to 7:01 p.m.

 

 

PUBLIC HEARING, RE:  TABLED ITEM OF APRIL 3, 2008 (CONTINUED)

 

Item VI.A.1. G & D Developers, L.C.’s request for a Small Scale Plan Amendment (08S.3) to change the Future Land Use designation from Residential 1 and Residential 2 to Residential 4, and a change from AU to EU on 7.434 acres located east of U.S.1, south of Cidco Road, which was recommended for denial by the Local Planning Agency and the Planning and Zoning Board.

 

Chairman Scarborough stated he does not have a copy of the binding development plan.  John Evans, representing the applicant, stated there is no binding development plan as the zoning request has changed.  He stated his client had requested Residential 4 in EU zoning, but it has changed.

 

Rick Enos, Zoning Manager, stated staff has a letter from Mr. Evans stating the conditions of the binding development plan; but it is not yet in a binding development plan format.  Chairman Scarborough inquired if there may be a binding development plan; with Mr. Enos responding Mr.

Evans has committed to a binding development plan with the conditions in the letter, but it is not in the form of a binding development plan.

 

Mr. Evans stated what has been requested is a Residential 2 land use classification and that the zoning change to EU with a minimum lot size of one half acre with a maximum of eight lots.

 

Chairman Scarborough stated he does not want to move forward with the item as he has not been briefed on the new developments; and stated he would like Mr. Evans to get information to the Board in a timelier manner.  Mr. Evans replied he sent the information to the Board two weeks ago.

 

There being no further comments or objections, motion was made by Commissioner Colon, seconded by Commissioner Voltz, to table Item VI.A.1. to the September 4, 2008 Board meeting.  Motion carried and ordered unanimously.

 

 

PUBLIC HEARING, RE:  TABLED ITEM OF MAY 29, 2008

 

Chairman Scarborough called for the public hearing to consider tabled item of May 29, 2008 as follows.

 

VI.A.4. (Z0805102) David O. Holland’s request for a CUP for Alcoholic Beverages for On-Premises Consumption (beer and wine) in a BU-1 zoning classification on 1.02 acres, located west of U.S.1, south of Aurantia Road, which was recommended for approval by the Planning and Zoning Board.

 

Chairman Scarborough inquired if everyone has received a copy of the current binding development plan and have had a chance to review it.

 

John Evans, representing the applicant, stated the request is for beer and wine sales only at the old feed store in the Mims area on U.S. 1.  He stated the first picture he submitted to the Board shows the site is a secluded area; there are substantial woods between the feed store and the nearest single-family residence; and he is aware of only one complainant, and that is Mr. and Mrs. Waters.  He stated he sent the Waters a copy of the binding development plan and has not heard back from them; and he understands Mrs. Waters’ complaint is several fold.  He advised Mrs. Waters is concerned about the bus stop, people driving on her driveway, people on her property, and also about noise.  He stated in the binding development plan his client has agreed the business will not open prior to 9:00 a.m., which is when the one child in the immediate area goes to school.  He stated his client will construct two fences; a fence will be constructed along the south property line of the proposed project to ensure no one cuts through the vacant lot and goes onto the Waters’ driveway; a second fence will be constructed along the Waters’ driveway to ensure no traffic cuts through to the driveway; and a No Parking sign will be located in the parking  lot  to  ensure cars do not park on the  Waters’  driveway.   He  stated Mrs. Waters was concerned if the school would move the bus stop because of the CUP; the bus stop is for Mrs. Waters’ driveway, not in front of the feed store; and he spoke to the School Board which sees no  reason  to  move  the  school  bus  stop  because  of  the  CUP.   He  advised  his  client  will repair a chain link fence along the Waters’ property to ensure no one will go from the business onto Mrs. Waters’ property; and Mrs. Waters has requested his client construct a six-foot wooden fence to block any visual see through from the property to Mrs. Waters’ house, which his client has agreed  to do.

 

Chairman Scarborough requested those in the audience against the CUP to raise their hands.  He advised Mr. Evans to proceed.

 

Mr. Evans stated Mrs. Waters requested his client not install outside speakers, and his client has put that in the binding development plan; all activities will be inside the building; and there are virtually no noise issues.  He stated his client has done everything possible to satisfy Mrs. Waters, but she is against the request.  He advised he has submitted to the Board a petition, although some of the residents are not adjacent to the particular property; but there are a lot of people on the petition who live in the general area and support the granting of the CUP.  He stated his client is willing to meet with Mrs. Waters to come to any agreements that would reduce the impact of the project on her; the request is for beer and wine only; and the request would offer employment in the area.  He noted he has an affidavit stating his client is in compliance with administrative requirements; and he believes the CUP to be consistent with land development policies.

 

David Holland stated he owns the subject property as well as the lot to the south; at one time he owned the house in which the Waters live; and he put in the driveway.  He stated he signed over an easement to the Waters; it is not really a driveway as it is just an easement; and where Mrs. Waters lives, traffic noise cannot be heard.  He stated the proposed bar would be good for the neighborhood.

 

Doug Roberts stated he is trying to open the proposed bar; he has agreed to everything Mrs. Waters has requested; the bar would be far enough away from Mrs. Waters’ house that she will not hear anything; and he submitted pictures to the Board.  He stated he owns another bar in Mims about five miles south of his current request; and Mr. Waters used to be one of his best customers, coming in three or four times a week. 

 

Robert Somers stated when the subject property became available after the hay and feed store closed, he was approached by Mr. Waters, at which time he and Mr. Waters discussed a partnership to lease the property and open a beer and wine bar; it was decided that Mr. Waters would contact the property owner since he knew him; and during this time, he looked for advice from a friend who owned a beer and wine bar five miles down the road across from Mims Elementary School.  He stated he spoke to Mr. Roberts, who owns the bar, and explained his plans; Mr. Roberts informed him that he and Mr. Waters need not waste their time and money because he had already approached the property owner and was in the process of negotiating a lease on the property for the same purpose.  He noted as Mr. Roberts had told him, he and Mr. Waters talked several days later; and Mr. Waters confirmed that was the case, and they were too  late in enacting what they thought was a very good idea.  He stated  it is unfortunate that he and Mr. Waters were too slow in pursuing their business plan; but Mrs. Waters should not be allowed to interfere with needed growth in the community, which is sorely in need of the taxes a small business establishment as is being proposed would provide.    He stated he is still  friends with Mr. Roberts, but he is not a partner in any way and is not invested in any way, other than he would like to have a beer and wine establishment close to his home. 

 

Cheryl Waters submitted packets to the Board, and to the Clerk; and stated she agrees with what all the speakers said against Item VI.B.4.  She stated she and her husband put $100,000 into the investment of their property; they did buy the house from Mr. Holland; the house was in a run-down condition when they purchased it; and they have been working on it for five years.  She stated she is also concerned about her property value; the signatures on the petition she submitted are of Mims residents in the nearby area of the proposed bar; and the type of proposed business is not needed in Mims.  She stated Mr. Roberts owns a bar five miles south of the subject property and 90 percent of his clientele are bikers; and that is what is going to be at the proposed bar.  She stated there used to be a bar located 600 feet from the subject property that burned down; and she could hear the music and activities at the bar from her residence.  She stated two signatures on the petition are from people who lived directly across the street from the previous bar and witnessed accidents and fights; and the speed limit in that area of U.S. 1 is 60 miles per hour.  She stated the parking lot of the subject property is so small people will have to use her driveway to get in and out; she and her husband had poured concrete which the last tenant shattered; and she tried to talk to Mr. Holland, but he did not do anything about it.  She stated it is a ploy by Mr. Roberts and Mr. Somers about her husband and Mr. Somers opening a business; months ago there was a strip mall that was going to be built across the street from the proposed bar; and Mr. Somers and Mr. Mullins were the two people who wanted to open the bar; but now they think if Mr. Roberts’ bar gets approved, they can apply for a CUP for their own in the strip mall.

 

Chairman Scarborough inquired if Mrs. Waters is saying there was not a desire on the part of Mr. Waters to open a bar; with Mrs. Waters responding absolutely not.  Mrs. Waters stated Kelley Mullins is friends with her husband; Mr. Mullins was talking about a restaurant, ice cream parlor, hardware store, and two vacant stores to be left open for other tenants to rent.  Chairman Scarborough inquired if one of the two vacant stores was not meant to be a bar; with Mrs. Waters responding no. Mrs. Waters stated her husband approached Mr. Mullins and said if he opened a restaurant, he would be interested in letting him use their smoker for whole chickens that Mr. Mullins could sell at his restaurant; but there was never any discussion about a bar.  She stated there are three bus stops within 500 feet; and a bar patron would have to drive to each bus stop to turn around to go to the bar.  She stated a bar was turned down on the property in 1980; she would like to know why it was not approved in 1980; and it is not what Mims needs when there are already three bars in a three mile radius.  She stated a lot of the neighbors are elderly and that is why they wanted to give her letters to submit to the Board. 

 

Chairman Scarborough stated he appreciates the letters because he likes to see more than a name on a petition, as it helps the Board understand.  He inquired if Mr. Evans has a copy of the petition and the letter; with Mr. Evans responding no.  Mrs. Waters stated she has extra copies for Mr. Evans.

 

Fred Kusterer, Mims Community Group, stated since the issue was tabled there were two community meetings;  the petitioner chose not to attend  either meeting; the Waters attended the second meeting to explain their position; and at that meeting it was voted unanimously to recommend denial of the request.

 

Mr. Evans stated he and his client were not aware of the Mims Community Group meeting; he was not invited; and he would have been glad to attend the meetings.  He stated any consideration of a vote that is taken in which the applicant does not get the chance to give input should be disregarded; and he thinks it is a violation of due process.  He noted the Waters’ house is 450 feet away from the subject property; the residence cannot be seen from the backyard of the proposed business; and his client has agreed to construct a six-foot privacy fence to eliminate the issue.  He stated on the binding development plan, the Board can see with installation of the fences, it would be virtually impossible for someone leaving the bar to drive through two fences and through an open lot to drive on the Waters’ driveway; and that is why his client has agreed to construct the fences.  He stated the staff report does not anticipate any increase in traffic because of the issuance of the CUP; that portion of U.S. 1 is straight and easy to see when pulling out onto the highway; and he believes with the affidavit and the binding development plan, his client has addressed all zoning issues.  He stated he is sorry Mrs. Waters does not like a bar activity; he has held neighborhood meetings in which no one attended; and he has sent Mrs. Waters two letters and the binding development plan and has not received a response. 

 

Commissioner Voltz inquired why a bar would open at 9:00 a.m.; with Mr. Evans responding there are people who like to go to a bar at 9:00 a.m.  Commissioner Voltz stated she was surprised at the unanimous vote for approval by the Planning and Zoning Board and the Local Planning Agency. 

 

Chairman Scarborough inquired if Mr. Kusterer included the applicant in the Mims Community Group meeting.  Mr. Kusterer replied the Mims Community Group meetings are held on the third Tuesday of every month; and it is an open meeting that anyone can attend; but they were not given an invitation, and neither were the Waters.  Chairman Scarborough stated he has seen in the past items that go to the Planning and Zoning Board without opposition and then at the Commission meeting people come to oppose it.  Commissioner Voltz stated her concern is about the bar opening at 9:00 a.m.  Mr. Roberts stated his other bar opens at 8:00 a.m.; there are quite a few people who work a third shift at the Space Center; and when those people are on their way home, it is their day times.  He stated his other bar serves coffee as well as alcohol and some people just come in the morning to have a cup of coffee and read the newspaper.

 

Chairman Scarborough stated staff advised him there are two types of licenses; and this request is for a liquor license because the business will be selling over 50 percent alcoholic beverages.  He commented on curb cuts and making U-turns to get into a business and creating traffic problems. 

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to deny Item VI.A.4.  Motion carried and ordered unanimously.

 

 

Item VI.B.5. (Z0807301) John Bayard, Inc.’s request for a CUP for a Commercial/Residential Marina in a BU-1 and BU-2 zoning classification on 3.94 acres, located east of U.S. 1., south of Micco Road, which was recommended for approval by the Planning and Zoning Board.

 

Commissioner Voltz stated there is a dry storage facility in the area that resembles a big box; and she would like to ensure the proposed marina is not going to be the same situation.  She stated when she spoke to the applicant it was indicated there was to be no increase in dry storage; and the maximum number of slips was 109.

 

Cindy Fox, Assistant Zoning Manager, stated proposed are 60 wet slips and 60 dry slips; and Mr. Hillman is limited to 109 wet slips.  Commissioner Voltz stated she wanted to clarify that; and inquired if Mr. Hillman had any objections to the limit of 109 wet slips.

 

Doug Hillman stated he would like to read from a letter of consistency from the Brevard County Board of County Commissioners dated February 1, 2008.  “Consequently, based on the above, Sebastian River Marina boat yard, is approved for no more than 120 slips at the facility.  This allotment shall not exceed 109 wet slips based on the original development order, which was in 1965.” 

 

Mike Cunningham stated he is in support of the request as the Chairman of the Board’s Marine Advisory Council.  He advised the State of Florida has dire needs in the area of loss of marinas and working waterfronts; it is something that has become terrible; and it can be seen all over the County and State.  He stated the County and State needs to save its working water fronts and marinas; the proposed marina is well established and is a good solid community business for many years; and the CUP would further protect the riverfront and see that there is no disadvantageous developments that will occur on it.  He noted once the facility is totally renovated it will be a good candidate for the clean marina designation; and Brevard County has one of the highest ratios of recreational boaters in the State of Florida.  He stated the proposed marina will be beneficial to the community and the County.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.5. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz inquired of the height of the big box marina that is in the area now; with Zoning Manager Rick Enos responding it is 45 feet from the top of the parking level to the bottom of the trusses, as defined by the Zoning Code.  Commissioner Voltz stated the marina looks like it is 65 feet tall; and inquired if there is anything in the Code to prevent something like that from happening again.  Mr. Enos stated  it would require an amendment to the definitions; right now the codes for height allow parking inside the structure by not counting it as part of the height; and 10 feet would be added to the bottom of the structure that is not counted.  He advised if there is a peaked roof, it is not counted so there would not be just flat roofed buildings; and that was eliminated from the definitions so that people could have peaked roofs on top of their structure. 

 

 

County Manager Peggy Busacca stated if the Commissioners’ concerns are along the water, then there could be some kind of limitation as there are in other areas for maximum height along the water without changing the definition.  Mr. Enos stated the Board could change the Code in certain classifications as far as the maximum height; and he thought he heard Commissioner Voltz talk about the perceived difference between how the Code establishes height.  Commissioner Voltz stated what she does not want to happen is the same thing that has happened in which there is a huge box sitting on the water; and the majority of it is dry slips.  Chairman Scarborough stated Commissioner Voltz can work with Mr. Enos and bring something back to the Board.  Commissioner Nelson stated he would like it to be something the Board can review; one difficulty with being on the water is that there is not a lot of waterfront.  

 

 

VI.A.4. (Z0805102) David O. Holland’s request for a CUP for Alcoholic Beverages for On-Premises Consumption (beer and wine) in a BU-1 zoning classification on 1.02 acres, located west of U.S.1, south of Aurantia Road, which was recommended for approval by the Planning and Zoning Board.

 

Chairman Scarborough stated in the motion for Item VI.A.4., it was not directed that the County Attorney prepare a findings of fact; that is what the Board does in many cases; and he has been told that that is the best thing to do in each case. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to direct the County Attorney’s Office to prepare a Finding of Fact; and directed with each denial a Findings of Fact be prepared by the County Attorney’s Office, unless otherwise stated.  Motion carried and ordered unanimously.

 

 

Item VI.B.6. (Z0807501) Daniel R. and Colleen G. Anderson’s request for a CUP for Farm Animals and Fowl in an RR-1 zoning classification on 1.21 acres, located on the east side of Arizona Street, south of Miami Avenue, which was recommended for approval by the Planning and Zoning Board, with the stipulation that the CUP is only valid for the life of the goat and ducks. 

 

Commissioner Colon stated she would like to make sure the item is approved with the number that had been discussed, which was one goat and 12 ducks. 

 

Daniel Anderson stated after several hearings and $2,400, he can guarantee the Board he will never have anymore animals after they are gone; and he just wants to be able to keep his pet goat, Pepper, and a few ducks. 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve Item VI.B.6. with one goat and 12 ducks only.  

 

Mr. Enos stated the CUP is written as to how many and what type of animals.  Commissioner Voltz inquired what will happen if the Anderson’s move out and other people move in, as the CUP goes with the property. 

 

Mr. Anderson stated he just wants the ducks and the goat to live out their lives; and the goat is now 10 years old.

 

Chairman Scarborough called for a vote on the motion.  Motion carried and ordered unanimously.  

 

 

Chairman Scarborough inquired how Mr. Anderson spent $2,400 on his CUP request; with Mr. Anderson responding he had to apply for a zoning change, a variance, and a CUP.  Mr. Anderson stated he and his wife received the goat as a Christmas present 10 years ago; and they had no idea they were in violation because everyone around them had those types of animals.  He stated when he found out they could not keep the goat, they did not want to let her go. 

 

 

 

 

Upon motion and vote, the meeting adjourned at 7:49 p.m.

 

 

 

 

 

 

ATTEST:                                                                     _________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

____________________

SCOTT ELLIS, CLERK

         

          (S E A L)