MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

February 1, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 1, 2007 at 5:05 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, Mary Bolin, and Chairperson Jackie Colon, County Manager Peggy Busacca, and Assistant County Attorney Morrison Richardson.

 

The Invocation was given by Pastor Robbie Neiman, Micco Community Church, Micco, Florida.  

 

Commissioner Bolin led the assembly in the Pledge of Allegiance. 

 

 

 

Assistant County Manager Stockton Whitten stated Florida Statute 100.271 requires the Board to record into its minutes the results of the elections and this item is requesting that action.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to accept the referendum results from the November 7, 2006 election and record into its minutes the results of the General Election held on Tuesday, November 7, 2006 as required by Florida Statute 100.271; and to take the same action for previous bond referendum results.  Motion carried and ordered unanimously.  

 

 

 

Commissioner Nelson stated over the weekend he had the pleasure of attending the Installation Banquet for the Merritt Island Volunteer Fire Department; and the Department made him an Honorary Fire Chief, although he will not be assisting any fire calls.  He read the names of the Volunteer Firemen who were installed.  He stated there was a fire on Merritt Island a couple of weeks ago; the gentleman lost all of his belongings; and one of the volunteers took it upon himself to find somebody to replace his roof.  He noted the firemen also spent a day cleaning out the house and hauled away four dumpsters; and they have stepped up beyond volunteering.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to appoint Mike Cunningham to the MPO Citizens Advisory Board, with term expiring December 31, 2007.  Motion carried and ordered unanimously.

  

 

 

Commissioner Voltz advised the Valkaria Air Fest 2007 will be on February 17, 2007; and commented on some of the activities taking place at the Air Fest. 

 

 

 

Commissioner Bolin advised she attended the Bird and Wildlife Festival in Titusville over the weekend; it was wonderful; and she appreciates the quality of a festival like that in Brevard County. Chairperson Colon noted she also attended the festival.   Commissioner Scarborough stated it was the best festival ever; and he went out with an ornithologist on Sunday and saw hundreds of birds. 

 

 

ITEMS TABLED OR WITHDRAWN FROM AGENDA

 

Zoning Manager Rick Enos stated Item VI.A.2. is requested to be tabled to the April 5, 2007 Board of County Commissioners meeting; and Items VI.A.3., VI.B.3., VI.B.4., VI.B.7., VI.B.9., VI.B.11., and VI.C.10. are requested to be tabled until the March 1, 2007 meeting. 

 

 

 

VI.A.2. (Z0604104)  Hilltop Holdings, LLC and Mohan and Shereen Ramkissoon’s request for a change from AU to RR-1 on 19.5 acres, located north of Main Street, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.A.2. to the April 5, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

VI.A.3. (Z0611103) Rolando L. and Alinas Cabezas, and Mohan and Shereen Ramkissoon’s request for change from AU and IU to RU-1-11 on 23.66 acres located east of Hammock Road and south of Cuyler Road, which was recommended for approval with a Binding Development Plan by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.A.3. to the March 1, 2007 Board of County Commissioners meeting. Motion carried and ordered unanimously.

VI.B.1. (Z0612201)  Robert Vanhorn and Mary Hendrickson’s request for a change from BU-1 to BU-2 on 0.18 acre, located west of Fern Drive, south of Cone Road, 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.

 

 

VI.B.2. (Z0612202)  Ann M. Mills’ request for a change from RU-2-10 to RP on 0.46 acre, located south of Lucas Road, west of State Road 3, 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.

 

 

VI.B.3. (Z0612401) Brevard County Board of County Commissioners’ request for a change from GML(I) to PUD-DRI on 4.55 acres, located west of Lake Andrew Drive, south of Judge Fran Jamieson Way, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.B.3. to the March 1, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

VI.B.4. (Z0612402) Brevard County Board of County Commissioners’ request for a change from PUD-DRI to GML(I) on 3.65 acres, located south of Judge Fran Jamieson Way, east of the Brevard County Government Center parking lot, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.B.4. to the March 1, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

VI.B.5. (Z0612403) Patrick H. Harrack, Sr.’s request for a change from GU & IU to all IU on 1.651 acres, located east of Harrell Road, south of Barnes Boulevard, which was recommended for approval by the Planning and Zoning Board.

 

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.

 

  

VI.B.6. (Z0612404) Park Place at Suntree, LP’s request for a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 zoning classification on .09 acre, located north of Wickham Road, west of Forrest Lake Avenue, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.6. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.B.7. (Z0605303) San Sebastian Holding, Inc.’s request for a CUP for Commercial/Residential Marina and a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 zoning classification, on 2.81 acres, located south of Main Street, west of U.S. Hwy. 1, which was recommended for tabling by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.B.7 to the March 1, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

VI.B.8. (Z0701101) Charlotte J. Walker and Jimmie L. Walker, Trustees’ request for a change from AU to IN(L) on 2.17 acres, located east of Old Dixie Hwy, north of Jay Jay Road, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.8. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.B.9. (Z0701102) Hasley B. and Pamela Hart’s request for a Small Scale Plan Amendment to change from NC to CC and a change from RU-2-10 to BU-2 on 2.61 acres, located west of U.S.1, north of Bonita Street, which was recommended for approval as BU-1 on the east 100 ft. and BU-2 on the remainder, with the stipulation that a wall be placed on the south property line as part of the site plan, by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.B.9. to the March 1, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

VI.B.10. (Z0701103) Brevard County Board of County Commissioners’ request for a change from AU to IN(L) on 11.29 acres, located west of Old Dixie Hwy., west of Counts Lane, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.10. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

VI.B.11. (Z0701201) Carswell Construction, Inc.’s request for a change from RU-1-11 to RP, with a Binding Development Plan, on .38 acre, located on the southwest corner of N. Courtenay Parkway and Spruce Avenue, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.B.11. to the March 1, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

VI.B.12. (Z0701202) Hemant and Suraiya Joshi’s request for a change from BU-1, with a Binding Site Plan, to BU-2, with removal of the existing Binding Site Plan, on .42 acre, located on the southeast corner of Licht St. and Clearlake Road, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.12. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

 

VI.C.1. Section 19, Township 23, Range 36, Sub. #BI, Block K.5, Lot 4 & Parcel 501, on 40.22 acres, owned by Brevard Memorial Park Association, Inc., currently zoned AU (Agricultural Residential) with Conditional Use Permits for Cemetery/Mausoleum (Z-9462 & Z-8652), and proposed to change to IN(L) (Institutional Use, Low Intensity) with Removal of Conditional Use Permits, which was recommended for approval by the Planning and Zoning Board. 

 

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

 

 

VI.C.2. Section 6, Township 24, Range 36, Parcel 761, owned by Riverview Memorial, Inc., currently zoned AU (Agricultural Residential), GU (General Use), BU-1 (General Retail Commercial, & BU-2 (Retail, Warehousing and Wholesale Commercial), with Conditional Use Permit (Z-3740) for Cemetery, and proposed to change to IN(L) (Institutional Use, Low Intensity) (Excluding the portions zoned BU-1 & BU-2), with Removal of Conditional Use Permit Z-3740 for Cemetery, which was recommended for approval by the Planning and Zoning Board.

 

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

 

 

VI.C.3. Section 26, Township 24, Range 35, Parcel 502, on 51.04 acres, owned by Cocoa Expo, Inc., currently zoned BU-1 (General Retail Commercial) with Conditional Use Permit (Z-9127) for Treatment and Recovery Facility, and proposed to Remove Conditional Use Permit (Z-9127) for Treatment and Recovery Facility, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.3. with Removal of Conditional Use Permit Z-9127 for Treatment and Recovery Facility, as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

VI.C.4. Section 29, Township 21, Range 35, Parcel 251, on 11.29 acres, owned by EDA Investment Corp., currently zoned AU (Agricultural Residential) with Conditional Use Permit (Z-6573) for Adult Congregate Living Facility, and proposed to Remove Conditional Use Permit (Z-6573) for Adult Congregate Living Facility, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.4. with Removal of Conditional Use Permit Z-6573 for Adult Congregate Living Facility, as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.5. Section 8, Township 21, Range 36, Parcel 516, on 0.17 acre, owned by City Point Cemetery, currently zoned AU (Agricultural Residential), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board.

 

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

 

 

VI.C.6. Section 31, Township 23, Range 36, Parcel 501, on 3.46 acres, owned by Friendship Baptist Church, currently zoned AU (Agricultural Residential), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.6. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.7. Section 28, Township 21, Range 35, Parcel 527, on 4.99 acres, owned by American Legion Post No. 1, Trustee, currently zoned AU (Agricultural Residential) and BU-1 (General Retail Commercial), and proposed to change to IN(L) (Institutional Use, Low Intensity) (Excluding that portion zoned BU-1), which was recommended for approval by the Planning and Zoning Board. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.7., as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.8. Section 23, Township 23, Range 35, Sub. #JM, Block 82, Lot 6, on 4.93 acres, owned by Christian Missionary Alliance, currently zoned RU-1-9 (Single-Family Residential), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.8. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.9. Section 22, Township 24, Range 36, Parcel 51, on 23.3 acres, owned by The Place at Merritt Island, Inc., currently zoned RU-2-8(7) (Low-Density Multiple-Family Residential) with Conditional Use Permit for Adult Congregate Living Facility (Z-9424), and proposed to change to IN(L) (Institutional Use, Low Intensity), with Removal of Conditional Use Permit Z-9424 for Adult Congregate Living Facility, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.9. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.10. Section 14, Township 24, Range 36, Parcel 259, on 11.24 acres, owned by Wuesthoff Memorial Hospital, Inc., currently zoned AU (Agricultural Residential) with Conditional Use Permit for Clinic and Hospital (Z-6584), and proposed to change to IN(H) (Institutional Use, High Intensity), with Removal of Conditional Use Permit Z-6584 for Clinic and Hospital.

 

 

 

VI.C.11. Section 36, Township 23, Range 36, Parcel 4, on 237.88 acres, owned by Teen Missions International, Inc., currently zoned AU (Agricultural Residential), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.11. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.12. Section 1, Township 24, Range 36, Parcel 3, on 271.68 acres, owned by Teen Missions International, Inc., currently zoned AU (Agricultural Residential) and GU (General Use), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.12. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

VI.C.13. Section 10, Township 24, Range 36, Parcel 765, on 4.36 acres, owned by Pioneer Cemetery Corp., Trustees, currently zoned AU (Agricultural Residential), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.13. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.14. Section 34, Township 23, Range 36, Parcel 256, on 1.69 acres, owned by AME Church, currently zoned AU (Agricultural Residential), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.14. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.15. Section 30, Township 25, Range 37, Sub. #CS, Lots 8.01 and C, on 1.30 acres, owned by Georgiana Cemetery Perpetual Maintenance Fund, Inc., currently zoned EU (Estate Use), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.15. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.16. Section 24, Township 25, Range 36, Sub. #CS, Lot 5.01, on 0.55 acre, owned by Georgianna United Methodist Church, currently zoned EU (Estate Use), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.16. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.17. Section 24, Township 25, Range 36, Sub. #CS, Lot 5.02, on 0.11 acre, owned by Georgiana Club, currently zoned EU (Estate Use), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board.

 Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.17. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.18. Section 30, Township 24, Range 36, Parcel 11, on 2.98 acres, owned by Pine Crest Cemetery, currently  zoned BU-2  (Retail, Warehousing and Wholesale   Commercial  and TR-3

(Mobile Home Park), and proposed to change to IN(L) (Institutional Use, Low Intensity) (Excluding that portion zoned BU-2), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.18. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.19. Section 35, Township 24, Range 36, Parcel 266, on 0.19 acre, owned by First Baptist Church of Merritt Island, Florida, currently zoned RU-1-9 (Single-Family Residential), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.19. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.20. Section 35, Township 24, Range 36, Parcel 502, on 1.62 acres, owned by Merritt Island Lodge, currently zoned RU-1-11 (Single-Family Residential), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.20. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.21. Section 19, Township 24, Range 36, Sub. #75, Block 1, Lot 1, on 1.45 acres, owned by Brevard Community College, currently zoned RU-17 (Single-Family Residential) and RU-2-10 (Medium-Density Multiple-Family Residential), and proposed to change to IN(H) (Institutional Use, High Intensity), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.21. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.22. Section 11, Township 24, Range 36, Parcel 260, on 5.11 acres, owned by Loyal Order of the Moose Lodge, currently zoned AU (Agricultural Residential) and BU-2 (Retail, Warehousing and Wholesale Commercial), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board. 

 Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.22. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

VI.C.23. Section 14, Township 24, Range 36, Parcel 589, on 3.95 acres, owned by Island Oaks, Inc., currently zoned RU-2-12 (Medium-Density Multiple-Family Residential) with a Conditional Use Permit for Adult Congregate Living Facility (Z-10675), and proposed to Remove Conditional Use Permit Z-10675 for Adult Congregate Living Facility, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.23. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.24. Section 19, Township 26, Range 37, Sub. #RM, Lots 1 through 11 & 14, and Section 18, Township 26, Range 37, Sub. #RM, Lots 12, 13, 13.01, 15 through 20, and Section 18, Township 26, Range 37, Sub. #RM, Block A, C, & D, on 12.12 acres, owned by Glen L. Deilman, Lot 1; Hoarce H. Andrews II, Lot 2; William C. (Jr.) & Arlene S. Porzio, Lot 3; William R. & Cheryl J. Black, Lot 4; Sally A. Prezioso, Lot 5; Ronald W. & Mary C. Salvary, Lot 6; Rebecca E. Stiles & Carol L. Fox, Lot 7; David Shein & Jo Ellen Ames, Lot 8; Ronald M. & Dee Ann Faulisi, Lots 9 & 19; Kenneth & Dolores B. Quinn, Lot 10; Robert R. & Laurie V. Bert, Lot 11; Brian J. & Geneva L. Bussen, Lot 14; Coy A. Clark, Lots 12 & 13.01; Harold Guy Graham, Mary Graham & Christina Bills, Lot 13; Ralph A. & Martha M. Copeland, Lot 15; Sheldon & Sandra D. Coe, Lot 16; Michael J. & Diane M. Chiffriller, Lot 17; James R. & Pamela C. Shultheis, Lot 18; Portofino Bay Community Association, Inc., Blocks A, D, & D; currently zoned PUD (Planned Unit Development), and proposed to change to RU-1-13 (Single-Family Residential), which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.24. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.25. Section 18, Township 26, Range 37, Sub. #25, Lots 1 through 10, and Section 18, Township 26, Range 37, Sub. #25, Blocks A through E, and Section 18, Township 26, Range 37, Sub. #51, Lots 11 through 18, and Blocks F, G, & H, Section 18, Township 26, Range 37, Sub. #52, Block A, Lot 19, and Section 18, Township 26, Range 37, Sub. #52, Block B, Lots 1 & 2, on 19.69 acres, owned by Peter D. Woods, Lots 1 & 18; Susan and Greg Girard, Lot 2; Zaki and Janine F. Elmaghraby, Lot 3; Charles and Carol Kappert, Lot 4; Carl J. and Marjorie A. Conti, Lot 5; Peter D. and Heidi L. Woods, Lot 6; Mercedes and Howard Buescher, Lot 7; Victor E. and Sarah C. Toro, Lot 8; Miguel Mateos-Mora & Yolanda M. Mateos, Lot 9; William and Judith Yonish, Lot 10; Still Point Homeowners Association, Blocks A, B, C, D, and E; Sandra S. Barlow, Lot 11; Timothy and Jean G. McCallan, Lot 12; Mark H. and Victoria L. Duhamel, Lot 13; Robert A. (Jr.) and Shannon Johnson, Lot 14; Michael and Karen Ainbinder, Lot 15; William Catambay and Ruthann Reese, Lot 16; Aaron M. Lew and Amy Lew, Lot 17; Still Point Homeowners Association, Blocks F, G, & H; Woods Family Properties, LLC, Block A, Lot 19 & Block B, Lots 1 & 2, currently zoned PUD (Planned Unit Development), and proposed to change to RU-1-13 (Single-Family Residential), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.25. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.26. Section 1, Township 26, Range 36, Parcel 501, on 61.74 acres, owned by SCI Funeral Services of Florida, currently zoned AU (Agricultural Residential) with Conditional Use Permits for Cemetery (Z-289), Mausoleum (Z-9479), Mausoleum (Z-9545), Cemetery (Z-6347), Mausoleum (Z-10758), and proposed to change to IN(L) (Institutional Use, Low Intensity) with Removal of Conditional Use Permits Z-289, Z-9479, Z-9545, Z-6347, and Z-10758, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.26. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.27. Section 32, Township 25, Range 36, Parcel 755, on 40.15 acres, owned by Florida Marlins Baseball, LTD, currently zoned AU (Agricultural Residential), and proposed to change to IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.27. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.28. Section 22, Township 27, Range 36, Parcel 255, on 5.64 acres, owned by Space Coast Marine Institute, Inc., currently zoned BU-1 (General Retail Commercial) with Conditional Use Permit for Treatment and Recovery Facility (Z-9597B), and proposed to Remove Conditional Use Permit Z-9597B for Treatment and Recovery Facility, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.28. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.29. Section 13, Township 27, Range 36, Parcel 770, on 2.0 acres, owned by Beacon Baptist Ministries of Melbourne Florida, Inc., currently zoned EU-2 (Estate Use Residential) with Conditional Use Permit for Church (Z-10725), and proposed to change to IN(L) (Institutional Use, Low Intensity) with Removal of Conditional Use Permit Z-10725 for Church, which was recommended for approval by the Planning and Zoning Board.

 

 Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.29. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.30. Section 17, Township 27, Range 37, Sub. #27, Lot 7, on 4.93 acres, owned by J.W. Dunn Lodge #37, Inc., currently zoned AU (Agricultural Residential) and proposed to change to

IN(L) (Institutional Use, Low Intensity), which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.C.30. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

Item VI.A.1.  (PSJ60102) Melvyn R. Yusem, Trustee’s request for Small Scale Plan Amendment (06S.2) to change the Future Land Use map designation from PLNIP to Residential 6; and change from PIP to RU-2-6 on 9.69 acres, located north of Curtis Boulevard and west of the FECRR, which was recommended for denial by the LPA and Port St. John Dependent Special District Board. 

 

Carmine Ferraro, representing the applicant, stated he is pleased to ask the Board to support his request in what he believes is the reduction in density and impact from the current use in place; and the proposed use would also add to tree preservation and green space.  He advised the subject property is zoned PIP, Planned Industrial Park; based upon the current size and current regulations, the property can be developed to approximately 150,000 square feet of industrial uses, including boat building facilities, machine shops, and other light industrial and heavy commercial-approved uses.  He stated that is not the intention for the property; being proposed is an upscale development of single-family, two-story townhome dwellings in a gated community with state of the art amenities; and thus far there have been two formal hearings, four town meetings and one meeting with Commissioner Scarborough, in which several concerned neighbors have been in attendance.  He commented on some of the concerns of staff and residents; the adjoining lands include an old borrow pit, a commercial office and light industrial development, the F.E.C. Railroad, and an FPL utility; these buffers make the land ideal for a mixed-use concept plan; and he feels a planned industrial park would be better and more compatible in or near major highways, other industrial parks, and land that is already being used for industrial purposes.  He stated the site is an infill site with no adjacent industrial property being used for such purposes; it is a good fit for smart growth; and the developer has put in road systems, paid for a lift station, fire hydrants, and other necessary infrastructure.  He stated he also feels if the land were developed industrially, under the new landscape code, the requirement for tree preservation has been significantly reduced instead of it being developed for residential-type property.  He stated the comments from the Planning and Zoning and LPA meetings were very emotional; the comments did not seem to address the technical merits or deficiencies of the application; comments such as trains shaking the china in peoples’ homes, trains are noisy, housing  is  too  close  to railroad tracks, health issues due to the close proximity to power lines; and with the exception of the power line comment, the remaining comments become moot because there is a full entitlement package to build industrial inside the industrial park.  He stated the staff comments state the overall impact from residential would be significantly less than that of industrial, not to mention curb appeal; and he does not feel the proximity to power lines should be a criteria that should be considered unless in violation of a Code or ordinance relating to proximity to power lines.  He stated some residents are concerned about the impact of traffic; staff comments state the daily trips will be significantly less for a residential subdivision as opposed to industrial; and the type of traffic would be less of an impact.  He noted some neighbors were concerned about the new charter school; the school is part of the School Board and is owned and operated by the school, and he would have no ability to control that; and industrial traffic would make that situation worse.  He noted one individual was concerned about the number of children and he did not want children living near him; he mentioned he would be in support of a 55 or older community; and it is something the owners would give consideration to, but it is not something they are willing to commit to at this time.  He stated he has tried to take all of the comments; tried to take the consideration of the community; and he is happy to say he is willing to modify the application to include the entire parcel of land, 11 acres, tracts 50 through 57, and ask for a further reduction in density of four units per acre; the main concern of the neighborhood is that it be limited to four units per acre; and he would be willing to bind themselves to 44 units.  He stated he is also willing to deed restrict the property so that no less than 1,700 square foot dwelling sizes would be built; and willing to further restrict the project through condominium documents and allow rentals one time to one individual in a 12-month period.  He advised the developer will also commit to complete the entire sidewalk systems on both sides of Curtis Boulevard, from this project to Fay Boulevard.    

 

Commissioner Scarborough stated the community totally rejects the idea of a multi-family project in the area; PIP is an upscale industrial park, some of them are very attractive; the traffic for PIP is in the day time; if multi-family, there is a propensity for the type of people who come and go all hours day and night; and there was no support except for the gentleman who stated he would support it if it were restricted to 55 and older.  He noted the item has been denied by the LPA and the Zoning Board; and he will have to move for denial. 

 

Carmine Ferraro stated the two gentlemen he met with the most were concerned about there being more than four units per acre.  Commissioner Scarborough inquired if Mr. Ferraro thinks there is any possibility he is going to have an accord with the neighbors; with Mr. Ferraro responding he does if he limits it to four units per acre.  Commissioner Scarborough stated he thinks it is too late; the comments he heard from the neighbors is that it is multi-family that they are concerned with; and he cannot, in good conscience, after meeting with the community, do anything but deny the request at this time.  Mr. Ferraro stated the property will be developed by himself, or the property will be sold to another group that will develop it; and although the Commissioner stated a planned industrial park is upscale, he would not want to live next to one.

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to deny Item VI.A.1. as recommended.  Motion carried and ordered unanimously.

 

Item VI.A.4.  (Z0611104) Roper Harding Titusville Partnership’s request for a change from RU-1-9 with an existing Binding Site Plan and AU to all RU-1-9, with removal of the existing Binding Site Plan on .080 acre, located on the northeast corner of Holder Road and Parrish Road, which was recommended for approval by the Planning and Zoning Board (LPA).

 

Commissioner Scarborough inquired if Attorney Kim Rezanka could address any unresolved issues only.

 

Attorney Kim Rezanka stated she is not sure what is the unresolved issue; her clients have agreed to a Binding Development Plan; her clients have agreed to a progression of lots starting at .4 acre and .5 acre to 90 feet X 100 foot lots and 75 feet X 110 feet; with the remainder 75 feet X 100 feet; her clients have agreed to Florida Fancy landscaping at the entrance way; the issues she knows to be remaining are that the neighbors asked the developer to make the lots larger on the southern end of the property; and her clients agreed to 1,900 square feet.  She noted there is one individual who wants larger lots than the 90 feet X 110 feet; the problem is her clients do not have the engineering yet to know what they can and cannot do; there are oak hammocks on the property, some water recharge area, some endangered species; the other issue she knows of is the neighbors want the developer to commit to two-car garages on the entire property; and that is no where in the Zoning Code, but the developer intends to build two-car garages, but cannot commit at this time.  She stated she feels her clients have met as many concerns as possible, but they cannot commit to larger house sizes on any of the lots other than the 1,900 square feet.

 

Steve Lay stated the neighbors would like to see the land clearing vehicles only enter and exit through Holder Road; there will be a 65-foot buffer on Parrish Road; four homes will be there with just driveways; it would be a small area for the land clearing trucks to come in and out of; and he would like to see that in the Binding Development Plan.  He stated the neighbors and the developers came to an agreement on 75 homes on 26 acres; and they would like to maintain the rural atmosphere in Mims. 

 

Commissioner Scarborough inquired if two-car garages are an issue with Mr. Lay and the other neighbors; with Mr. Lay responding it is, and it would only make sense to have two-car garages for selling purposes. 

 

Ms. Rezanka stated the issues still remaining are the larger house sizes on the 90 feet X 110 feet lots; and the developer has agreed to 1,400 square feet, which is larger than the RU-1-13 being requested.  She noted the construction entrance issue was brought up today; she has not talked to her clients about it yet; there is no engineering right now; there will be restrictions based on the oak hammock and water recharge area; and she cannot commit to that at this time. 

 

Commissioner Scarborough inquired if Ms. Rezanka could commit to the construction entrance unless there are engineering problems that are insurmountable; with Ms. Rezanka responding she could agree to that.  Ms. Rezanka stated the two-car garages is not a zoning issue; her clients do not want to commit to two-car garages; but they anticipate it. 

 

Commissioner Scarborough inquired if two-car garages are that important to everybody; with Mr. Lay responding he would like to see two-car garages, but he would also like to see the item settled tonight. 

 

Ms. Rezanka stated her clients will agree to the construction entrance on Holder Road as long as it is engineering feasible. 

 

Mr. Lay stated the developer agreed to 1,900 square-foot homes on the southern end for eight of the homes; and he would like the developer to commit to large house sizes to the north than the 1,400 square feet.  Commissioner Scarborough inquired what the developer is willing to do; with Ms. Rezanka responding 1,400 is what the Code requires for the zoning.  Commissioner Scarborough stated the building trend for Parrish Road and Holder Road in that area is for the larger home sizes; with Ms. Rezanka responding she could commit to 1,600 square feet.  Commissioner Scarborough inquired if Ms. Rezanka could commit to two-car garages if feasible; with Ms. Rezanka responding affirmatively.

 

Commissioner Nelson inquired what is the width of the landscape buffer on the east side; with Ms. Rezanka responding the Code requires 15 feet; with Commissioner Nelson inquiring if that is in addition to the lot sizes; with Ms. Rezanka responding affirmatively.

 

Commissioner Scarborough advised the Binding Development Plan will come back to the Board for approval at a later date on the Consent Agenda.

 

Debbie Day stated she is adamant about the two-car garage; with Chairperson Colon responding the Board did not approve the request with two-car garages.  Ms. Day stated it does not seem feasible to build a house without a two-car garage especially when most two-car garages only fit one vehicle; the 1,400 square foot homes are small and will need garages to store things; without the additional room, there will be a lot of utility sheds of different shapes and sizes; and that is what will be seen when driving down Holder Road.  She stated she would be satisfied if the developer just committed to a one-car garage on the 1,400 square foot homes.

 

Commissioner Scarborough stated it can be understood there will be a minimum of one-car garage and if feasible, two-car garages.  Commissioner Voltz noted Ms. Rezanka agreed to 1,600 square foot homes and not 1,400 foot homes. 

 

Sherryl Emmons stated the neighbors do not mind the development; they are just trying to get something that is at least compatible to what they have directly across the street; and there are half acres to three-acre lots with 2,400 square foot homes and now there will be 1,400 square foot homes across the street. 

 

Zoning Manager Rick Enos stated the BDP states the southern tier of homes on Parrish Road would be 1,900 square feet; and to the north will be 1,600 square feet minimum. 

 

Ronn Miller stated originally, the developer wanted 111 homes; they have worked with the neighbors on the gradual progression, which he is pleased with; 75 houses will add approximately 675 trips per day on the road; and he would like to make sure the County upgrades the roads.  He stated it seems logical to have the construction vehicle to enter from Holder Road because of the 65-foot buffer on Parrish Road.  He stated the neighbors did not want to set a precedent for the eastern property with that many houses.

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to approve Item VI.A.4. with a Binding Development Plan limited to 1,900 square foot minimum homes abutting Parrish Road, 1,600 square foot minimum homes to the north, minimum of one-car garage, and two-car garage if feasible, and construction entrance on Holder Road, unless there are engineering problems that are insurmountable.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Colon, to appoint Mel Scott as Assistant County Manager for the Development and Environmental Services Group.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to appoint Ryan Lees to the Investment Committee, with term expiring December 31, 2007; Tanya Knappman to the Merritt Island Redevelopment Agency, with term expiring December 31, 2010; Sue Nisbet-Lawrence to the Merritt Island Redevelopment Agency, with term expiring December 31, 2008; Shirley Kidd to the Historical Commission, with term expiring December 31, 2007; Jim Durocher to the EELS Recreation and Education Advisory Committee, with term expiring December 31, 2007; and Liz Allen, Kathy Jarrell, Albert Thomas, William Parlon, and Vicky Fischer to the Parks and Recreation Merritt Island/Beaches Recreation Board, with terms expiring December 31, 2007.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to reappoint Russell F. Minton, Jr., M.D. to the Valkaria Airport Advisory Board, with term expiring December 31, 2007; Darleen Hunt to Art in Public Places, with term expiring December 31, 2007; George Reynolds and Doug Jaren to District 2 Canal Dredging, with terms expiring December 31, 2007; Rocky Randels to the EELS Procedures Committee, with term expiring December 31, 2007; Ray Hoffman to the Parks and Recreation Merritt Island/Beaches Recreation Advisory Board, with term expiring December 31, 2007; and Kelli Jo Strabley to the Animal Enforcement Hearing Council, with term expiring December 31, 2007.  Motion carried and ordered unanimously.

 

 

Upon motion and vote, the meeting adjourned at 5:50 p.m.

 

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    JACKIE COLON, CHAIRPERSON

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

 

_____________________

SCOTT ELLIS, CLERK

         

 

 (SEAL)