May 5, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 5, 2005, at 5:32 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, Assistant County Manager Ed Washburn, and Assistant County Attorney Christine Lepore.

The Invocation was given by Pastor Robert Arthurs, Merritt Assembly of God, Merritt Island, Florida.

Commissioner Carlson led the assembly in the Pledge of Allegiance.

REPORT, RE: ITEM TABLED FROM AGENDA

Item V.A.6. (SPE50301) Indian River No. 1 Developers, LLC, LKC Corporation and Indian River No. 2 Developers, LLC’s request for amendment to PDP in PUD zoning classification on 26? acres located on both sides of Highway A1A, and north and south of Aquarina Boulevard, also containing property located along the river’s edge, which was recommended for approval by the P&Z Board as follows: Change to Stage 3, Tract 1, Unit 2, to one acre commercial designation with a 10,000 square-foot building; and 2.22 acres to transfer 25 low-rise residential units. Approved change to Stage 3, Tract 1, Unit 1, to three acres of open space designation on golf clubhouse. Approved transfer to Stage 5, Tract 1, on 5.93 acres of 60 residential units with a maximum height of 35 feet. Denied change to Stage 4, Tracts V and VIII, to remove two acres of open space designation. Denied change to Stage 2, Tract A, to go from 3.02 acres of active recreation to 2.31 acres of active recreation and 0.71 acre to transfer five low-rise single-family residential units.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table Item V.A.6 to the May 19, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to appoint R. J. Durham to the Building and Construction Advisory Committee, with term expiring December 31, 2005; Vaughn Holeman to the Landscaping, Land Clearing, and Tree Protection Task Force with term expiring August 31, 2005; Matt Boucher, DC to the Titusville-Cocoa Airport Authority with term expiring July 11, 2008; and Karen Kilianek to the Wickham Park Advisory Board, with term expiring December 31, 2005. Motion carried and ordered unanimously.

REPORT, RE: MYREGION.ORG

Commissioner Carlson advised of a visit to Brevard County by MyRegion.org on June 10, 2005 at Port Canaveral, at which time there will be an update on bringing a medical school to Central Florida, Volusia County’s bid to become home to NASCAR Hall of Fame, and discussion regarding the Space Act Agreement.

REPORT, RE: CINCO DE MAYO

Commissioner Carlson advised it is Cinco de Mayo day; and commented on Mission Hope. She advised there will be a Cinco de Mayo Festival on May 6, 7, and 8, 2005 from 12 noon to 6:00 p.m. at Operation Hope in Fellsmere.

REPORT, RE: HUMAN TRAFFICKING CONFERENCE

Commissioner Carlson advised there will be a human trafficking conference sponsored by Brevard County Domestic Violence Task Force and the Hispanic Human Services Advocacy Group on Thursday, May 12, 2005 from 9:00 a.m. to 4:00 p.m. at the Rave Theater in Viera.

REPORT, RE: OPERATION HOPE

Commissioner Colon advised there will be a resolution coming before the Board for Operation Hope in the near future; and the Sheriff will be attending the trafficking workshop.

REPORT, RE: CITY OF PALM BAY - ALL AMERICAN CITY

Commissioner Colon congratulated the City of Palm Bay for its achievement of All American City.

REPORT, RE: PRAYERS FOR THE HOLTON FAMILY

Commissioner Colon requested everyone keep the Holton family of District 3 in their prayers as the baby had surgery.

RESOLUTION, RE: COMMENDING EAGLE SCOUT NICHOLAS JAMES LAPINTA

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Eagle Scout Nicholas James Lapinta. Motion carried and ordered unanimously. (See page for Resolution No. 05-333.)

RESOLUTION, RE: RECOGNIZING MOTHER’S DAY

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution recognizing Mother’s Day. Motion carried and ordered unanimously. (See page for Resolution No. 05-334.)

RESOLUTION, RE: CONGRATULATING CENTRAL BREVARD HUMANE SOCIETY AND
CELEBRATING BE KIND TO ANIMALS WEEK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution congratulating Central Brevard Humane Society and celebrating Be Kind to Animals Week. Motion carried and ordered unanimously. (See page for Resolution No. 05-335.)

REPORT, RE: ITEMS TABLED OR WITHDRAWN FROM AGENDA

Zoning Manager Rick Enos advised of a request to table Item V.A.1.

Item V.A.1. (Z0502101) Mary E. Hutcheson’s request for change from GU to AU on 18.80 acres located on the northwest corner of Parrish Road and North Singleton Avenue, which was recommended for approval by the P&Z Board, and requested for tabling to September 1, 2005 by the applicant.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to table Item V.A.1. Motion carried and ordered unanimously.

Mr. Enos advised Items V.A.4, Suntree Community Developers, Inc. and V.B.10, David J. and Denise McDonald have been withdrawn.

PUBLIC HEARING, RE: TABLED ITEMS

Chairman Pritchard called for the public hearing to consider the recommendations of the Planning and Zoning Board made at its meetings on July 12, October 11, and November 8, 2004, and January 10, and February 7, 2005, as follows:

Item V.A.2. (Z0407103) Ben H. Sims, Darlyne S. Smith, and Carolyn I. Henderson’s request for change from AU to SR with a Binding Development Plan on 66 acres located on the north side of Jay Jay Road, east of U.S. 1, which was recommended for denial by the P&Z Board.

Brad Smith presented a Binding Development Plan Agreement to the Board.

Jenny Scragg and Steve Jack expressed opinions concerning Item V.A.2.

Discussion ensued regarding the rezoning and the setbacks.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.A.2 with Binding Development Plan with a setback of 56 feet from the lot line on those lots where there is a conservation easement. Motion carried and ordered unanimously.

Item V.A.3. (Z0410303) Micco Farm and Grove, Inc.’s request for change from GU and AU to RR-1 on 760? acres located on the south side of Micco Road, west of Bird Drive, which was recommended for approval by the P&Z Board.

Attorney Philip Nohrr, representing Micco Farm and Grove, Inc., described the subject property and the proposed rezoning and development.

Rochelle Lawandales, Sans Lassiter, and Jake Wise, representing the applicant, spoke in support of the rezoning.

Dustin Devos, representing the Department of Environmental Protection, expressed concern about the project, which would abut the Saint Sebastian River Preserve State Park.

Discussion ensued on the rezoning.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to table Item V.A.3 to the August 4, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item V.A.4. (Z0411401) Suntree Community Developers, Inc.’s request for change from PUD to RP with a Binding Development Plan, stipulating no commercial uses, on 5.28 acres located on the east side of Holiday Springs Road, south of Viera Boulevard, which was recommended for approval with a Binding Development Plan by the P&Z Board. Withdrawn by Applicant.

Item V.A.5. (Z0502303) Micco, LLC’s request for change from GU and AU to RR-1 on 32.244 acres located on the west side of Iris Lane, west of Honeysuckle Drive, which was recommended for approval by the P&Z Board. Request was modified to AU by applicant.

Attorney Philip Nohrr, representing the applicant, was present.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approve Item V.A.5 as AU. Motion carried and ordered unanimously. (See pages for Zoning Resolutions.)

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF
APRIL 11, 2005

Chairman Pritchard called for the public hearing to consider the recommendations of the Planning and Zoning Board made at its meeting of April 11, 2005, as follows:

Item V.B.1. (Z0504301) Richard G. and Kimberly H. Hannan’s request for change from GU to AU on 3.31 acres located on the north side of Sandpoint Road, west of Main Street, which was recommended for approval by the P&Z Board.

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to approve Item V.B.1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.2. (Z0504401) Norman F. and Carmen E. Wagner’s request for change from AU to SR on 0.5 acre located on the south side of Rose Drive, west of Murrell Road, which was recommended for approval by the P&Z Board.

Norman Wagner described the property and the rezoning request.

Discussion ensued on the rezoning.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.B.2 to the May 19, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item V.B.3. (Z0504402) The Viera Company’s request for change from GU to PUD/DRI on 38.55± acres located west of Towncenter Drive, between Solerno Boulevard and Judge Fran Jamieson Way, which was recommended for approval by the P&Z Board.

Discussion ensued on uses of the property, adding acreage to the PUD, and reducing density.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item V.B.3 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.4. (Z05804501) Fulcher Realty Investments, Ltd.’s request for Small Scale Plan Amendment to change the Future Land Use Map designation from Neighborhood Commercial to Community Commercial and zoning from AU to BU-2 on 9.85 acres located on the east side of Simon Road, south of Highway 192, which was recommended for approval by the LPA and P&Z Board.

Philip Nohrr, representing Fulcher Realty Investments, Ltd., described the property, surrounding properties, the proposed rezoning, future land use map change, and development.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve Item V.B.4 with Binding Development Plan; and adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Third Small Scale Plan Amendment of 2005, 04S.3, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled contests of the plan; specifically amending Section 62-501, Part XVI (E), entitled the Future Land Use Map Appendix; and provisions 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. (See page for Ordinance No. 05-17.)

Item V.B.5. (Z0504502) Betty Earlene Ranew and Barry R. Ranew’s request for change from RU-1-13 to RP on 0.81 acre located on the southwest corner of Sharon Drive and Minton Road, which was recommended for approval by the P&Z Board.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve Item V.B.5 with Binding Development Plan. Motion carried and ordered unanimously.

Item V.B.6. (Z0504101) Janice Lynn and Corey Samuel Reynolds’ request for change from GU to AU on 2.23 acres located on the west side of Fishtail Palm Avenue, south of Date Palm Street, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.6 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.7. (Z0504102) Don and Alice B. Alderman and Elizabeth A. Matrazzo’s request for change from RR-1 to SR on 1.2 acres located on the north side of Beale Street, east of Pollyanna Drive, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.7 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.8. (Z0504103) Duane M. and Marsha L. Roush’s request for change from GU to AU on 1.01 acres located on the south side of Erie Street, at the southern terminus of Seneca Avenue, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.8 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.9. (Z0504104) Clifford L. and Jamie L. McKnight’s request for change from AU to RR-1 on 1.32 acres located on the north side of Palm Avenue, west of U.S. 1, which was recommended for approval by the P&Z Board.

Discussion ensued on objections received.

Motion by Commissioner Scarborough, seconded by Commissioner Colon to table Item V.B.9 to the May 19, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item V.B.10. (Z0504201) David J. and Denise McDonald’s request for change from GU to AU on 5 acres located on the west side of Gray Road, north of Lake Drive, which was withdrawn by the applicant.

Item V.B.11. (Z0504202) Jesse Ross’ request for CUP for alcoholic beverages for on-premises consumption in BU-1 on 0.24 acre located on the southeast corner of McKinley Avenue and N. Atlantic Avenue, which was recommended for approval for beer and wine only by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.11 as recommended by the P&Z Board. Motion carried and ordered; Commissioner Colon voted nay.

The meeting recessed at 6:54 p.m. and reconvened at 7:08 p.m.

Item V.B.12. (Z0503106) First Equity Development Group, Inc.’s request for change from AU to RR-1 on 430 acres total located on the east side of U.S. 1, lying between St. Johns Road and Huntington Avenue, which was recommended for denial by the P&Z Board.

Attorney John Evans, representing the applicant, described the property in question and the requested zoning and development plans. John Craig and Greg Kern of Avid Engineering commented on sewage, drainage, species of concern, floodplains, and traffic issues. Rochelle Lawandales commented on compatibility issues.

Discussion ensued on the rezoning.

David Laney, Richard Cerallos, Jimmie Sue Primmer, Barbara Morehead, Bryan Hallum, Sharon Presley, Donald Murphy, Leslie Hallum, Cheryl Barnes, Timothy Barnes, Andy Root, Laurie Zweiback, Shirley Walker, John Bundy, Bud Link, and Diane Ely expressed opinions concerning the rezoning.

Mr. Evans offered rebuttal comments on the rezoning.

Discussion ensued on the rezoning.

Utility Services Director Richard Martens advised the Board on water issues.

Discussion resumed on the rezoning.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to deny Item V.B.12 as recommended by the P&Z Board and order Finding of Facts to be returned to the Board. Motion carried and ordered unanimously. (See pages for Zoning Resolutions.)

PUBLIC HEARING, RE: ADMINISTRATIVE REZONINGS

Chairman Pritchard called for the public hearing to consider the recommendations of the Planning and Zoning Board made at its meeting on April 11, 2005 for administrative rezonings, as follows:

Item V.E.1. Section 11, Township 30, Range 38, Parcels 500 and 501 on 5.22 acres owned by Frangar, LLC. Change from RU-2-4 with CUP Z-10275 for independent living facility to IN(L) and removal of CUP Z-10275, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.E.1 to the August 4, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item V.E.2. Section 10, Township 26, Range 36, Parcel 757 on 4.78 acres owned by Alzheimer’s Care Center of Viera, Ltd. Removal of CUP Z-9349 for adult congregate living facility, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.E.2 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.E.3. Section 13, Township 27, Range 36, Sub. 77, Block A, Lots 1.01 and 2.02 on 0.96 acre owned by First Free Will Baptist Church of Melbourne, Inc. Change from RU-1-13 to IN(L), which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.E.3 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.E.4. Section 23, Township 24, Range 36, Parcel 256; Section 14, Township 24, Range 36, Sub. QC, Block A, Lot 33; Section 23, Township 24, Range 36, Sub. QC, Block A, Lots 34 through 36; Section 22, Township 24, Range 36, Sub. QC, Block A, Lots 37 and 38 on 8.09 acres owned by National Health Investors, Inc. Change from RU-2-12 with CUP Z-9674 for convalescent home to IN(L) and removal of CUP Z-9674, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.E.4 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.E.5. Section 23, Township 24, Range 36, Sub. BX, Lots 13 and 13.11 on 4.9 acres owned by Formation Properties 1, LLC. Change from RU-2-15 with CUP Z-5242 for convalescent home to IN(L) and removal of CUP Z-5242, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.E.5 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.E.6. Section 32, Township 24, Range 36, Sub. 03, Lots 23 through 25 and 20 feet of alley between Lots 23 and 24 and vacant road right-of-way on 1.42 acres owned by Alco-Hall, Inc. Removal of CUP Z-8071 for residential social service facility (treatment and recovery facility), which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.E.6 as recommended by the P&Z Board. Motion carried and ordered unanimously. (See pages for Zoning Resolutions.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE EXTENDING
MORATORIUM ON SHORT-TERM RENTALS, RESORT DWELLINGS, AND RESORT
CONDOMINIUMS

Motion by Commissioner Carlson, seconded by Commissioner Colon, to grant permission to advertise a public hearing to consider an ordinance extending the moratorium on short-term rentals, resort dwellings, and resort condominiums. Motion carried and ordered unanimously.

Upon motion and vote, the meeting was adjourned at 8:36 p.m.

_____________________________________
RONALD PRITCHARD, D.P.A., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST: BREVARD COUNTY, FLORIDA

_____________________
SCOTT ELLIS, CLERK

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