MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

August 3, 2006

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 3, 2006, at 5:00 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and Assistant County Attorney Christine Lepore.

 

The Invocation was given by Pastor LeRoy Eldridge, Temple Baptist Church, Titusville.

 

Commissioner Carlson led the assembly in the Pledge of Allegiance.

 

 

 

County Manager Peggy Busacca handed out a list of three potential meeting times to discuss the proposed charter amendments.  She stated there has been some concern with having the meeting set before August 15, 2006, when the three-attorney panel will look at it.  

 

Commissioner Colon inquired when is the deadline; with Ms. Busacca replying the last day Mr. Galey can do this would be September 5, but he prefers it to be earlier.  Commissioner Colon suggested holding the meeting on August 23, and reserving the 31^st for a secondary meeting if necessary.

 

Chair Voltz recommended starting at 1:00 p.m. on August 23, 2006.

 

 

Commissioner Pritchard advised his office has already received phone calls of complaints on the EMS letter sent to citizens; he does not believe the paragraph explanation in the body of the letter is sufficient; he has a friend working on a better explanation; and when he gets it he will email it to Ms. Busacca.  He recommended a bottom line comparison from last year to this year; and if the net is supposed to be zero there should be an explanation of how it will work. 

 

 

 

Commissioner Pritchard noted Brevard County Fire Rescue Dispatcher Bill Latsa assisted in the birth of a baby in the back of a van in Sharpes via a 911 call; the result was a seven-pound baby boy; and extended congratulations to Mr. Latsa and the Fire Department for the extensive training.

 

 

Commissioner Pritchard mentioned a newspaper article in the morning’s paper regarding taxi-cab fare and fees being charged in the Port.  He stated the cabbies are gouging the public; it needs to be controlled; and introduced Pat Barnett.  Ms. Barnett, a cabbie for 13 years,  advised

of the many problems regarding the unstructured fare and fees; and requested a cap be put in place.

Commissioner Pritchard recommended comparing Broward County’s Ordinance and fee structure, along with Tampa and Jacksonville, to Brevard’s and discuss the issue at the August 22, 2006 meeting.

 

 

Mosquito Control Director Craig Simmons advised the Brevard Mosquito Control District, along with the St. Johns Water Management District, is cooperating together through a project under the SWIM grant to do a reconnection of one of the impoundments;  what that means is the fresh water bog impoundment will be replenished back to a thriving salt marsh estuary; it is in complete compliance with all permitting and regulations; and is partnered with the St. Johns River Water Management District and the Army Corps of Engineers.  He noted the Marine Resources Council is assisting with some additional plantings of mangroves in the area; staff is also taking some additional steps to seeding the dike; the salt marsh mosquitoes typically lay their eggs in the moist soil just above high tide mark; by creating the salt water impoundments it will  flood the mosquitoes and eggs during the mosquito breeding season and eliminate its breeding habitat area; and this is done without any type of chemical and it is a permanent source reduction activity. 

 

He stated the impoundment in Sykes Creek area is referred to as the C2 impoundment; this is the oldest and largest impoundment conversion that will take place in history; there is a tremendous amount of background studies that have already been done on it and there will be a tremendous amount of studies to take place in the years to come; and it is a huge environmental issue for Brevard County and a great positive.  He advised he wants to make sure everyone understands that it is not development; there are no condos going in; he is meeting with Commissioners and citizen groups to do a walk through of the impoundment area to show that no mangroves have been harmed in the construction of the dikes; and sometimes restoration looks like it is destroying things, but the bottom line, the things that are not suppose to be there have to be gotten rid of so the things that are supposed to be there can grow naturally. 

 

Commissioner Pritchard advised the County is going to be a poster child for this kind of endeavor; and it is all permitted and approved. 

 

 

Commissioner Pritchard stated there has been some misinformation regarding the County audits; and inquired how often do audits occur and what type of audits are they.  County Manager Peggy Busacca replied there are two kinds of audits; the external auditors provide a report on an annual basis, usually in September after the books have cleared; every year the internal auditors come up with a plan of action based on risk assessment; and within the last five years, twenty-five of those audits have been completed and there are five scheduled for the upcoming year.  She further noted fiscal audits are done annually by the external auditor. 

 

 

Commissioner Pritchard advised the S.R. 520 projects on the east and the west sides are going to be done concurrently; it is going to save money; the westbound is the problem area and should have already been addressed; and it will be all through Cocoa Village, from the Humphrey Bridge to U.S. 1.

 

 

Commissioner Pritchard requested Mr. Stultz explain the Vehicle Replacement Plan that has been in effect since 2004.  Central Services Director Steve Stultz replied the Replacement Plan that the Board discussed at that time was to develop a means of assessing current vehicles within the departments, developing a criteria for judging their condition, and prioritizing them for replacement either in future years or current year.  He stated Leon County and the City of Fort Lauderdale were used as a benchmark; and a plan and a matrix was developed using three criteria, age, mileage, and repair and maintenance costs of the vehicles, to allow the departments to assess the vehicles and develop the priorities for replacement so it can be incorporated into each department’s annual budget requests.  He noted the plan is for work vehicles such as passenger cars, pickup trucks, SUV’s and vans; and all departments are notified during the budget preparation cycle and it is posted on the intranet. 

 

 

Marti Upton, Executive Director of the Brevard Symphony Youth Orchestra (BSYO), thanked the Board for increasing the funding this year; stated the goal of the BSYO is to expose students to challenging music and literature; there are almost 200 kids ranging in age from 7-18; and it represents over 60 public, private, and home schools throughout Brevard County.  She stated there are three separate orchestras; the top one is the Symphony Orchestra led by Joe Kreines; the second level is the Concert Orchestra led by Dr. Thomas Silliman; and third is the String Ensemble led by Linda Woodrich.  She advised as a non-profit organization, it depends on the generosity of the donors; the Brevard County donors have helped elevate the standards to make the Orchestra one of the finest youth orchestras in the State of Florida; the Youth Symphony presents about six performances each year; and for anyone wanting to learn more about them they have a website www.bsyo.org.  She introduced Amanda Talley; and stated she is the principal oboist in the Symphony Orchestra and she is going to play English Horn a selection from Rossini’s “William Tell.”

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve waiver of development, building, and zoning fees for Harmony Farms’ current project.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon submitted a letter to the Commissioners; stated in regard to Save Brevard the letter has different wording and is an example of a way to put a little bit of teeth to the discussion that has been happening for a year and a half; requested the Board consider it and discuss at the next meeting if it wants to submit it to the panel on August 15, 2006.  She read into the record two excerpts:  “This is to preserve the quality of life in Brevard County by managing the issuance of building permits. Should the Brevard County Home Rule Charter be amended to provide that any governing body located within the geographical boundaries of Brevard County, Florida shall temporarily suspend issuing new construction building permits when that permit causes either schools, drinkable water, sewage drainage, recreational areas, landfill, police, Fire Rescue, or transportation services necessary to our quality of life to fall below level of service standards adopted in the jurisdiction comprehensive plan”; and under Voluntary Annexation:  “An exclusive method for approving voluntary annexations, shall the Brevard County Charter be amended to authorize the County to require Binding Interlocal Agreements with municipalities, prescribing exclusive methods pursuant to Chapter 171, the Florida Statute, for approving voluntary annexations or failing that, to adopt an ordinance that would require the annexation municipality to obtain referendum approval of voluntary annexation from registered electors residing in unincorporated and incorporated areas affected by proposed voluntary annexations from registered electors residing in unincorporated and incorporated areas affected by proposed voluntary annexation.”    

 

Commissioner Carlson expressed concern over the folks who brought the two initiatives forward having not seen this.  Chair Voltz noted she would see Mr. Myjak in the morning and will show it to him. 

 

 

Commissioner Carlson read aloud a letter from Governor Jeb Bush awarding Alisha Marie Crabtree with a Point of Light; and read aloud a Resolution from Brevard County recognizing her accomplishments.   

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt a Resolution recognizing and commending Alisha Marie Crabtree, and recommending that the citizens of Brevard County acknowledge her outstanding accomplishment.  Motion carried and ordered unanimously.

 

 

Ms. Crabtree expressed her thanks to the Board, and her family and friends for their support. 

 

 

Connie Underwood stated she would like to make a complaint against some of the deputies at the Brevard County Sheriff’s Office; and requested an independent investigation into her complaints. 

 

Chair Voltz advised Ms. Underwood take her complaints to the Sheriff or the State Attorney’s Office. 

 

 

Mr. Roland Carlson expressed his opposition to taxi cab fare regulations.

Item VI.A.4.  (Z0604301) Michael Lornitis Custom Homes, Inc.’s request for change from AU to RR-1 on 9.25 acres located on the east side of Bobbi Lane, which was recommended for approval by the Planning and Zoning Board.

 

Withdrawn by applicant.

 

 

Item VI.A.7.  (Z0605104)  Richard W. and Hazel M. Foster, Trustees’ request for change from AU to SR on 8.22 acres located on the northwest corner of Lion Lane and Turpentine Road.

 

Withdrawn by applicant.

 

 

Item VI.B.2.  (Z0606502)  Community Trailer Park, Inc.’s request for change from GU to RU-2-15 on 8.243 acres located on the south side of Eau Gallie Boulevard.

 

Withdrawn by applicant.

 

 

Item VI.B.28.  (Z0604106)  Sunlake, LLC.’s request for change from GU to SR on 19.048 +/- acres located on the northwest corner of Parrish Road and N. Singleton Avenue.

Withdrawn by applicant.

 

 

Item VI.A.3.  (Z0511307)  Irving and Bette Betrock’s request for change from SR with an existing Binding Development Plan to EU with an amendment to the existing Binding Development Plan limiting the density to one unit per acre on 4 acres located on the west side of Highway A1A, which was recommended for denial by the Planning and Zoning Board. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to table Item VI.A.3. to the September 7, 2006 meeting.  Motion carried and ordered unanimously.

 

 

Item VI.A.5.  (Z0604101)  Diane Teague’s request for change from RR-1 to RP on 2.98 acres located immediately south of intersection of Windover Way and Columbia Boulevard, which was recommended for approval with Binding Development Plan by the Planning and Zoning Board. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to table Item VI.A.5. to the November 2, 2006 meeting.  Motion carried and ordered unanimously. 

 

Item VI.B.10.  (Z0606301)  Gary and Raquel Kronengold’s request for change from AU to RR-1 on 2.68 acres located on the west side of Smugglers Cove, which was recommended for approval by the Planning and Zoning Board.

 

Deleted from Agenda.

 

 

Item VI.B.24.  (Z0607302)  M.N.M. Development, LLC’s request for change from GU to RU-2-6 on 4.78 acres located on the west side of U.S. 1, which was recommended for denial by the Planning and Zoning Board.

 

Deleted from Agenda.

 

 

Item VI.B.25.  (Z0607303)  Quatraro Enterprises, Inc.’s request for Conditional Use Permit for Alcoholic Beverages for On-premises Consumption in BU-1 and BU-2 zoning classifications on 1.19 acres located on the west side of U.S. 1, which was recommended for approval by the Planning and Zoning Board. 

 

Deleted from Agenda.

 

 

 

Item VI.A.6.  (Z0605402)  Sun Harbor Investment Group, LLC’s request for a Small Scale Plan Amendment to change the Future Land Use Designation from Neighborhood Commercial to Community Commercial and a change of classification from GU to BU-2 on 2 acres located on the south side of Freeman Lane, which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to table Item VI.A.6. to the September 7, 2006 meeting.  Motion carried and ordered unanimously.

 

 

Item VI.B.27.  (Z0607501)  Roy Wayne Yates, Trustee’s request for a Conditional Use Permit for Land Alteration in AU and AGR zoning classifications on 129.93 acres located on the west side of Babcock Street, which was tabled to the August 7, 2006 meeting by the Planning and Zoning Board.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to table Item VI.B.27. to the September 7, 2006 meeting.  Motion carried and ordered unanimously.

Item VI.A.2.  (PSJ60102)  Melvyn R. Yusem, Trustee’s request for a Small Scale Plan Amendment that proposes to change the Future Land Use Map designation from PLNIP to Residential 6, and a change from PIP to RU-2-6 on 9.69 acres, which was recommended for denial by both the Local Planning Agency and the Planning and Zoning Board.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to table Item VI.A.2. to December 7, 2006 meeting.  Motion carried and ordered unanimously.

 

 

 

Item VI.B.1.  (Z0606501)  Wesley United Methodist Church, Inc.’s request for change from AU to IN(L) on 18 acres located on the west side of Minton Road, which was recommended for approval by the Planning and Zoning Board. 

 

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

 

 

Item VI.B.3.  (Z0606101)  Tamya L. and Jeremy M. Backo’s request for change from GU to AU on 2.22 acres located on the east side of Fishtail Palm Avenue, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.3. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item VI.B.7.  (Z0606201)  Michael E. and Michelle L. Sheppard’s request for change from AU to RR-1 on 2.45 acres located on the east side of Friday Road, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.7. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously. 

 

Item VI.B.9.  (Z0606203)   Friendship Primitive Baptist Church, Inc.’s request for a Small Scale Plan Amendment that proposes to change the Future Land Use Map from Residential 15, to Community Commercial and a change from TR-1 and AU to BU-1 on 10 acres located on the northeast corner of Burnett Road and Pluckebaum Road, which was recommended for approval from both the Local Planning Agency and the Planning and Zoning Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.9. as recommended by the Planning and Zoning Board; and adopted Ordinance No. 06-41, an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the seventeenth Small Scale Plan Amendment of 2006, 06S.17, 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  require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously.   

Item VI.B.11.  (Z0606401)  Boardwalk at Suntree, LLC.’s request for a Conditional Use Permit for Alcoholic Beverages for on-premises consumption in a BU-1 zoning classification on 11.08 acres located on the north side of Wickham Road, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.11. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item VI.B.15.  (Z0607101)  Dennis A. Rondeau, Jr. and David A. Lewis’ request for change from GU to TR-2 with a Binding Development Plan limiting development to one unit per acre on 1 acre located on the east side of Blounts Ridge Road, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.15 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously. 

 

 

Commissioner Pritchard inquired what happens to the fee applicants from Grant/Valkaria had to pay; with County Manager Peggy Busacca replying hard costs were incurred such as advertising.  Commissioner Pritchard stated there are at least three properties in the newly formed City; and requested a report showing what the hard cost has been and if there is anything left in the bank. 

 

Zoning Manager Rick Enos stated there was a Grant/Valkaria item scheduled to go before the Planning and Zoning Board in September; but will not be heard.

 

 

 

Item VI.B.17.  (Z0607103)  Watson Paving, Inc.’s request for change from AU to RVP on 19.8 acres located on the west side of Tucker Lane, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.17. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously. 

 

Item VI.B.21.  (Z0607107)  Jack A. and Kimberly Maggard’s request for change from GU to AU on 2.23 acres located on the east side of Florida Palm Avenue, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.21. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item VI.B.22.  (Z0607108)  Kathleen Maurice, James Maurice, and Marge Chapman’s request for change from RU-1-11 to AU on 3.5 acres located on the west side of Glendale Boulevard, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.22. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously. 

 

 

Item VI.B.23.  (Z0607301)  Hubbs – Sea World Research Institute’s request for change from SR, BU-1, AU, RR-1, EA, and RP to GML(1) on 15.45 acres located on the Indian River and the west side of Highway A1A, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.23. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item VI.B.26.  (Z0607401)  Brevard County Board of County Commissioners, on its own motion on May 16, 2006, and pursuant to Brevard County Code Section 62-1152, authorized administrative rezoning on County-owned property from BU-1 to SEU on .51 acre located on both sides of S. Tropical Trail, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.26. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously. 

 

 

 

Item VI.A.1.  ((NMI50702)  George A. and Barbara H. Ogle’s request for change from AU to RR-1 on 21 acres, located on the northeast corner of N. Tropical Trail and Church Road, which was recommended for denial by the North Merritt Island Dependent Special District Board. 

 

John Evans, representing the applicant, submitted a packet to the Board with a map showing the property highlighted in green; and pointed out the many yellow highlights on the map indicating lots that are being used or have zoning for less than two and a half units per acre.  He stated the Land Use Designation is two units per acre; looking at the map, there are many lots in the area that allow a half acre  and  smaller  lots;  there  is  a  large  subdivision  down  to  the

southwest which is zoned EU; and the staff report indicates the maximum number of lots on the property would be 16 which is a density of about 1.4 units per acre making it very compatible with surrounding densities.  He noted the expert witness’ affidavit is included in the information submitted to the Board and it states this is a good example of transitional zoning; there are no level of services issues; and the zoning is consistent with the Brevard County Land Use Plan.  He added Tropical Trail has a traffic capacity of 15,000 cars per day but is only getting about 1,500 (10%); there was flooding after the two hurricanes but there was flooding throughout the entire County; and a properly built subdivision would reduce flooding in the area.  He stated the County wanted to conduct a small area plan to determine whether or not the land use designation of two units per acre was appropriate; in the last year there has been no change to the Land Use Plan regarding density in this area; and if this has been pending for a year and there has been no application to change the land use density and it is two units per acre and he is seeking 1.4 units per acre that clearly is consistent with the Comprehensive Plan.  He pointed out another document included in the packet; and noted it is an affidavit from Mr. Ogle stating the property is burned out from freezes and is no longer operable as an orange grove which is why he is requesting the rezoning. 

 

Simone Spiess, Daan Van Alderwerit, Pam Pack, Shirley Quinn, William Huminski, Michael Wheeler, Shaye Williams, Darlene Hunt, Celia Williams, and Mary Hillberg expressed opposition to the rezoning; and Jim Stone expressed support.   

 

Zoning Manager Rick Enos advised there are a number of zoning classifications surrounding the property; the parcel is a transition parcel; there are higher densities on the south side and lower densities on the north side; and there is a lot of leeway in what can be done because the parcel is in the middle of varying densities.  He noted anything between half-acre and two and a half acre lots may be considered compatible with this; and it is a subjective decision that the Board needs to make on compatibility.   

 

Commissioner Pritchard stated the property that is north of Treasure Lagoon has a Binding Development Plan for two units per acre; the parcel to the east of that is the spoil site for Florida Inland Navigation District (FIND) and at some point needs to be rezoned to GML;  and requested the Board move to rezone.  Chair Voltz replied it will be put on an agenda.

 

Commissioner Pritchard noted Treasure Lagoon which is at the base of the acreage with the Binding Development Plan for two units per acre, is EU; and inquired what the build out is on EU.  Mr. Enos responded EU is 15,000 square foot lot (1/3 acre); and generally the build out will be between two and three units to the acre. 

 

Commissioner Pritchard advised there has been talk of concurrency but yet this meets concurrency; the flooding issue has already seen improvements; a plan has been developed; and part of it has been implemented such as installing a much larger culvert under Crisafulli Road, discussions with St. Johns River Water Management District to secure a permit so the discharge can go directly into the River, and the two retention ponds on the north side are part of the filtration system.  He stated the compatibility is there; it is a reasonable, appropriate use of the property; and he moves the item.

 

Commissioner Colon inquired exactly what the builders would be doing to retain the water so as to not affect the neighbors.  Mr. Evans responded about five or six acres would be put into retention.  Commissioner Colon inquired if he would commit to only putting in 14 acres; with Mr. Evans replying he could commit to 15.

 

Commissioner Carlson noted she has a few concerns; one is that there has been no Citizen Resource Group (CRG) input; she sees a lot of spot zoning of RR-1 but a lot of AU; and she does not believe it is compatible and cannot support the item.

 

Commissioner Scarborough advised the problem is if there is a mistake the Board cannot go back and correct it; so it must act cautiously when considering a zoning change; there is a sheet of guidelines that the Board is suggested to follow; one shall not cause or substantially aggravate substantial drainage problems on surrounding properties; and she does not think the public is required to hire experts every time the issue comes up, but she does think that either the issues have to be answered or it has to be denied because once an issue is raised she cannot vote in favor of something because of the Bert Harris Act.  He stated the Bert Harris Act puts this County at a cost disadvantage in correcting its errors; and he moves to deny the item.

 

Commissioner Colon stated the only reason she would consider it is because the whole area is mixed; but she will only support 14 units on the 21 acres.  Mr. Evans expressed his acceptance. 

 

Commissioner Carlson commented she would have considered this if the applicant, the Commission, and all parties affected would have gathered around the same table to figure out the flooding issues. 

 

Chair Voltz noted as she looks at the area she feels it is good transitional zoning; and supports the maximum units at 14.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve Item VI.A.1. as RR-1 with a Binding Development Plan limited to 14 units. 

 

 

Commissioner Scarborough advised the word transition means that the whole map transitions.  Chair Voltz stated the issue with affordable housing is a major one in Brevard; it is becoming elitist that only those who can afford to buy one, two, or more acres can live here; she feels one unit per acre is a lot of land; and she is in support of the item.

 

Chair Voltz called for the vote on the motion.  Motion carried and ordered; Commissioners Scarborough and Carlson voted nay. 

 

 

The meeting recessed at 7:14 p.m. and reconvened at 7:29 p.m.

 

 

  PUBLIC HEARING, RE:  RECOMMENDATIONS OF THE PLANNING AND ZONING BOARD          OF JUNE 5, 2006 AND JULY 10, 2006 (CONTINUED)                                                

 

Item VI.B.4.  (Z0606102)  Paul J. Marion and Dale K. Marion, Trustees, and Robert Clay and Ethylmay Kirk’s request for change from AU to RU-1-11 with a Binding Development Plan on portion designated as Residential 2, limiting development to two units per acre, which was recommended for approval by the Planning and Zoning Board.

 

Michael Jones, representing the applicant, submitted a packet to the Board; and stated the total is about 74 acres; he is seeking to rezone it to allow a mixed use of 40 units on one side and 148 units on the other;  and  the  zoning  is  consistent,  the  staff  report finds it compatible, and

there was an environmental study done.  He advised the impact on services, roads, and schools will be addressed through a Pioneering Agreement; there is sewer and water planned; and he introduced the engineer on the project, Jack Walsh.

 

Mr. Walsh advised the map shows a green area which designates the density of up to two dwelling units per acre; the orange area is four units to the acre; the property being discussed is right in between; and it is a nice transition.  He noted everything is consistent; the team will work with staff; and it is consistent with the Comprehensive Plan.

 

R. C. Kirk stated he and his wife Ethylmay are a part of the project and plan on making the area their home; most builders come in, do a project, and leave but that is not the case here; and the Marion property has been in the family for over 60 years.

 

Phil Hulsizer spoke in support of the rezoning; and Steve Jack spoke in opposition.

 

Commissioner Scarborough inquired whether or not staff had put together a map of the area so everyone could see the big picture and the density; with Zoning Manager Rick Enos responding in the negative.  Commissioner Scarborough noted the issue is too complex to discuss without the Commissioners having the maps.

 

Melissa Johnson spoke in support of the rezoning. 

 

Michael Jones advised the growth and development would bring in sewer, water, improved police and fire services, and better roads.

 

Commissioner Scarborough noted because Mims is beginning to incorporate everyone wants the Commissioners to set the whole zoning map together so if and when Mims becomes a city it will no longer have the ability to reverse actions without paying Bert Harris damages; people have the right to petition for a change in zoning; but the Commissioners are being compelled to look at more than an individual rezoning because it is changing the map.  He stated it would have been easier if there would have been a map with the details there; and he does not know how all the other pieces fit together and what type of matrix will be created.

 

Commissioner Carlson expressed her agreement with Commissioner Scarborough; stated the Commissioners need to look at the big picture for the entire County and decide where to draw the line so it makes decisions easier; when there are multiple parcels in an area there has to be a big picture perspective; and it is too difficult to do it on a piecemeal basis.

 

Commissioner Pritchard noted in the surrounding areas zonings are all over.  Commissioner Scarborough advised there have been some Comprehensive Plan changes in the area; there is connectivity with the issues; and the Commissioners could have a better picture if staff comes back with a holistic map.  Commissioner Colon advised the Board should not feel pressured to approve or even table an item.

 

Commissioner Pritchard inquired if sewer is available for the developed parcels; with Commissioner Scarborough responding sewer capacity means many things; one is the plant capacity and the other is the capacity to have an area serviced without going back to main lines which are very expensive; and requested Dick Martens be present at the next zoning meeting to answer the question.   Commissioner Pritchard noted a concern of his is the older communities that do not have sewer; and requested Mr. Martens address at the next meeting whether it would be a mandatory hook up. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI.B.4. to the September 7, 2006 meeting.  Motion carried and ordered unanimously.

 

 

Item VI.B.5.  (Z0606103)  Eugene and Lois Kent Brown’s request for change from AU to RU-1-11 with a Binding Development Plan, on the portion designated as Residential 2, to two units per acre, which was recommended for approval by the Planning and Zoning Board. 

 

Cedric Jackson, representing himself and the Brown’s, advised the goal of the project is to reduce the industrial footprint in the area; the project will close a borrow pit and allow it to fill with water and create a lake; and the project will incorporate about 25% as affordable housing.    

 

Mr. Jackson noted the Brown family lives on the property; there is a vested interest and a long history in the Community; and both he and the Browns have a long-term responsibility to the project.

 

Commissioner Carlson advised the project wants to reduce the industrial footprint but the zoning is currently AU.  Mr. Jackson replied the property is functioning as industrial. 

 

Mims Community Group President Steve Jack stated the group yields to the wishes of the East Mims Community.

 

East Mims Civic League President Dwight Seigler expressed the League’s support of the project; but noted the term low income housing is preferred over affordable housing. 

 

Laurilee Thompson, from the Planning and Zoning Board, advised she seconded the motion to approve the Item at the Planning and Zoning Meeting because the project is good for the Community of East Mims.

 

Commissioner Carlson inquired if the affordable housing piece was in the Binding Development Plan; with Mr. Jackson responding negatively; but he will be applying for the Community Development Block Grant to help finance the project and it will outline some of the requirements in terms of affordable housing. 

 

Commissioner Colon noted the average price for affordable housing is $150,000; and the only way she will support the item is to have this in the Binding Development Plan. 

 

Commissioner Scarborough noted developer value would be diminished if the project is classified as low income; and stated he would prefer it be brought back as a part of the whole project discussion on September 7, 2006. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to table Item VI.B.5. to the September 7, 2006 meeting.  Motion carried and ordered unanimously.

 

Item VI.B.6.  (Z0606104)  Shirley Alice Mooney’s request for change from AU to RR-1 on 2.51 acres located on the south side of Pennsylvania Avenue, which was recommended for denial by the Planning and Zoning Board. 

 

Shirley Alice Mooney advised her husband has many health issues and is out of bed four hours a day; she does the majority of the work but her health is also deteriorating due to lung cancer; the property is two and a half acres; and she is requesting splitting off one acre of the property to build a home for her daughter in order to qualify her for the living trust.  She displayed a map to the Board showing all of the one unit or less per acre lots in the surrounding area. 

 

Mims Community Group President Steve Jack stated his main concern is everything around the area is agriculture and inquired if there is a variance where she could put another house on the property without rezoning it.  Zoning Manager Rick Enos replied she could request a variance on the lot size and end up with one and a quarter acre lots which is RR-1; but there is no guarantee the Board of Adjustment will approve it; and a hardship is not based upon health or economic issues but something peculiar about the property.

 

Commissioner Scarborough noted major land use changes occur sometimes in trying to do the right thing. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to deny Item VI.B.6.

 

 

Commissioner Pritchard advised managing growth does not mean keeping the densities as is; there is a need for affordable lots or it will end up as an affluent community; and he would like to look at the available lands and set another standard. 

 

Commissioner Carlson noted until the plan is addressed to look at the big picture and all the issues, it cannot pull out one piece and change it to RR-1; that would be poor planning; but Commissioner Pritchard’s comments have merit. 

 

Chair Voltz inquired what the Comprehensive Plan says; with Zoning Manager Rick Enos replying Residential 1.  Chair Voltz stated there is a plan; it is the Comprehensive Plan; and that is what needs to be looked at.  Commissioner Carlson stated it was never right-sized completely.

 

Commissioner Colon stated the Board must respect that this is unincorporated and rural; and it has to be balanced to protect both parties involved.

 

Commissioner Scarborough advised the little changes add up and eventually the community is changed; and there must be a consistency in the decisions.

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered; Chair Voltz and Commissioner Pritchard voted nay. 

 

 

Item VI.B.8.  (Z0606202)  David J. and Denise McDonald’s request for change from GU to RU-2-8 on 19.82 acres, located on the north side of Lake Drive, which was recommended for approval by the Planning and Zoning Board. 

 

James Reinman, representing the applicant, introduced himself and stated he will answer any questions the Board may have.

 

Commissioner Carlson stated the property to the west is RU-2-15 but is not developed.  Mr. Reinman responded the property to the immediate west is not developed, but west of that there is another RU-2-15 which is under construction building multi-family town homes and single family dwellings.

 

Commissioner Carlson stated her previous concern was the property to the west appeared to be flag lots and probably would not be developing RU-2-15 but now she sees there is a mix of zonings and is in support of the project. 

 

Motion by Commissioner Pritchard, seconded by Chair Voltz, to approve Item VI.B.8. as RU-2-8 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

Item VI.B.12.  (Z0604104)  Hilltop Holdings, LLC and Mohan and Shereen Ramkissoon’s request for change from AU to RU-1-11 on 19.5 acres located on the north side of Main Street, which was recommended for approval by the Planning and Zoning Board.

 

Loys Ward, representing the applicants, advised the higher density fits in with East Mims but not North Mims.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI.B.12. to the September 7, 2006 meeting.  Motion carried and ordered unanimously.

 

 

Commissioner Colon inquired if staff was encouraging meetings between the applicant and the neighbors on all controversial items before it was brought to the Board.  Zoning Manager Rick Enos replied staff encourages every applicant to meet with the property owners. 

 

Mims Community Group President Steve Jack noted at the last meeting Mr. Ward said he contacted Mr. Seigler of East Mims Civic League but it is not true; Mr. Ward did meet with Mims Community Group but at a time when many people were at work; and he requested Mr. Ward meet at the regular monthly meeting but refused.

Mr. Ward stated he spoke with Mr. Harris of East Mims Civic League; he was unable to get a hold of Mr. Seigler; he has the returned certified letter he sent to Mr. Seigler; and he sent certified letters to all regarding the Community meeting but only 15 people showed up.  Commissioner Colon suggested the meetings take place after 6:00 p.m. 

 

 

Item VI.B.13.  (Z0604105)  Warm Wind Homes, LLC.’s request for change from AU to SR on 15 acres located on the west side of Hammock Road, which was recommended for approval by the Planning and Zoning Board.

 

Dr. Peter Kroell, representing the applicants, advised he has met with East Mims Civic League but not Mims Community Group; the change in zoning will make it half-acre lots; Warm Winds will take care of its own drainage, water, and sewer if available; and there are no wetlands but one will be created to retain water.

 

Commissioner Colon noted the term affordable housing means $150,000; and inquired if that is the price the development means.  Dr. Kroell replied no.  Commissioner Colon advised not to use the term unless the price is $150,000 and the applicant is willing to put it in writing. 

 

Mims Community Group President Steve Jack advised originally Dr. Kroell agreed to one lot per acre; and there will be over 11,000 homes in the east Mims area if all of the developments are approved.

 

Commissioner Scarborough noted the item is an exception because the change is to SR.  Zoning Manager Rick Enos stated the RU-1-11 is a 7,500 square foot lot with about four units to the acre; and the SR is a half-acre lot with a density of one and a half units to the acre. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI.B.13. to the September 7, 2006 meeting.  Motion carried and ordered unanimously.

 

 

Item VI.B.16.  (Z0607102)  Larry D. and Lynn M. Claycomb’s request for a Small Scale Plan Amendment to change the Future Land Use Designation from Residential 4 to Community Commercial on 0.46 acres, and a change from AU and BU-1 to all BU-1 on 2.63 acres located on the east side of U.S. 1, which was recommended for approval by both the Planning and Zoning Board and the Local Planning Agency.

 

Commissioner Carlson noted the Item says pending litigation and inquired if it should be tabled until the legal issue is resolved.  Assistant County Attorney Christine Lepore replied there is no cloud on the title; there are two valid claims the plaintiff can pursue; the suit originally sought to seek title of the property back; and the two claims remaining are whether a constructive trust was created or a constructive lien was created.  Ms. Lepore further advised in the event the plaintiff does reclaim title to the property, the plaintiff could request the Board administratively rezone the property; and the plaintiff is opposed to the rezoning. 

 

John Evans advised he represents a contract purchaser on the property; he is not involved in the lawsuit; his client owns the property zoned commercial and has a contract on the property of the zoning application to incorporate it into a small shopping center; and the change will make the property consistent with the surrounding zonings which are Commercial.  He stated if the Claycombs win the lawsuit, his client will close on the property and buy it from them; and if the plaintiff wins, his client will not proceed with the closing. 

 

Mims Community Group President Steve Jack advised the property is in litigation and should not be considered at this time.  Chair Voltz reminded the Board that the item is concerning the zoning, not the lawsuit; the Claycomb’s have title on the property; and any other issues are irrelevant for now.

 

Judith Mills expressed her opposition to the rezoning; and stated the property is in litigation.

 

Commissioner Carlson noted there is no cloud on the title; and inquired if the County would be liable for going through with the zoning.   Ms. Lepore replied negatively.  Commissioner Scarborough noted there are additional assurances the Board could take; one is to have an attorney render an opinion that the title is good; another is to have the applicant give an indemnification to hold harmless;  and  the Board could make the commitment that if  the  Court renders the title flawed it will immediately proceed with administrative rezoning with no cost to the person harmed.  

 

Ms. Lepore inquired if Mr. Evans is part of the corporation purchasing the property.  Mr. Evans replied his client is a Canadian citizen and asked him to serve as president of the corporation in order to sign documents while his client is in Canada; and he inquired who the indemnification to hold harmless needs to come from.  Ms. Lepore responded the Claycombs are the applicant and if the item is under contract it would be advisable to get that from both parties; and the opinion of title should come from another attorney rather than Mr. Evans. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.16, subject to additional assurances, including an attorney rendering an opinion that the title is good, and providing the County an Indemnification and Hold Harmless; a commitment by the Board that it will immediately proceed with administrative rezoning if the court renders the title flawed; and adopted Ordinance No. 06-42, an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the seventeenth Small Scale Plan Amendment of 2006, 06S.17, 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 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; Commissioner Colon voted nay.

 

 

Item VI.B.18.  (Z0607104)  Mitchell M. Townsend’s request for change from AU to TR-2 with a Binding Development Plan limiting development to one unit per acre on one acre, located on the west side of U.S. 1, which is recommended for approval by the Planning and Zoning Board.

 

Mitchell Townsend advised he is developing his land to build a house; and he received a code violation for clearing without a permit but it has been taken care of.   

Mary Sphar, representing Sierra Club Turtle Coast Group, requested the Board table the Item and request a report from staff providing specific information on clearings in the Mims/Scottsmoor area and giving options for preventing similar violations on Scrub Jay habitat.

 

Maureen Rupe, President of the Partnership for a Sustainable Future, played a short video of the scrub jays on his property; and stated the Partnership supports the request of the Sierra Club. 

 

Commissioner Scarborough noted a weakness may be that once an item is cleared there is no restoration; and inquired if the Board has any legal right to suspend rezoning requests when someone has a Code Violation pending.  Assistant County Attorney Christine Lepore replied there is no authority in using the zoning process as an enforcement tool; but the Board does have some control over development permits; and stated an example would be abating building permits until resolution with Fish and Wildlife Service, which is the agency that does have the ability to enforce the Endangered Species Act.  She further noted there is no liability in authorizing the zoning action; and the only liability would be if the County issued a building permit or a land clearing permit to clear protected species habitat.

 

Commissioner Carlson advised the only concern she has is compatibility; and she does not feel it is a good zoning plan.  Commissioner Scarborough noted it is significant there is no other TR-2 in the area; he does not believe the gentleman was ill-intended because he had a zoning he could build no unit on; but he does feel the gentleman is not well informed because without the right zoning he cannot get the building permit.  He further noted he cannot support the item because it is out of character with what is already there; and inquired if residents/property owners had been advised of the zonings in the area and the implications.  Zoning Manager Rick Enos responded the property to the north, as well as several parcels north of that, is RRMH-1 which is a rural residential mobile home on one acre; if the applicant had enough lot width he could have requested RRMH-1; because of the lot width of the property, which is less than what is necessary for RRMH-1, the applicant requested the TR-2 with a Binding Development Plan (BDP) limiting the density to one acre; and so with the BDP the TR-2 is the equivalent density-wise of the RRMH-1.  Commissioner Scarborough stated this is the heart of the problem; the Board does the zonings and looks at zoning maps but the maps do not show the BDP’s; and the Board is taking action that is not properly reflected on the map. 

 

County Manager Peggy Busacca noted people have requested variances to lot widths and then get the rezoning; and inquired if that could occur in this situation.  Zoning Manager Rick Enos replied affirmatively; and stated if the applicant were to request a variance on the lot width, the Board could consider RRMH-1 which would be consistent with the other RRMH-1’s in the area; the item would need to be tabled for three months in order to go to the Board of Adjustment; and another alternative for the Board would be to approve the RRMH-1 subject to the variance today. 

 

Commissioner Colon advised the item has a BDP limiting it to one unit per acre; and staff can start putting BDP’s on the map.

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to approve Item VI.B.18. with a Binding Development Plan limiting development to one unit per acre.

 

 

Commissioner Scarborough stated he would support the motion if it includes having all of the zoning maps reflect every BDP and with it showing not applicable because the maps are not telling the truth.  County Manager Peggy Busacca replied there is a fiscal impact with that; the Zoning Department cannot do that without a GIS analyst; and the fiscal impact would be around $70,000.

 

Chair Voltz inquired if staff could tell the Board about BDP’s when it is considering a zoning application; with Mr. Enos replying yes, it will be in the staff review for all abutting properties.  Commissioner Colon advised moving forward with the applicant; and bringing the maps back at a future meeting. 

 

Chair Voltz called for the vote on the motion.  Motion carried and ordered; Commissioners Scarborough and Carlson voted nay.

 

 

Item VI.B.19.  (Z0607105)  Walkabout Residential Company, LLC’s request for change from PUD to PUD with an amendment to the PDP on 1,124.67 acres, which was recommended for approval by the Planning and Zoning Board.

 

Mims Community Group President Steve Jack inquired if the single family residence located off of Pine Street was included in the deal.  Walkabout Residential Company, LLC President Doug MacDonald replied the house is Mrs. Rogers house; there were discussions regarding swapping her house for a new home but now the property is no longer necessary; and he is willing to still do the swap for Mrs. Rogers if the lot is available otherwise the Company will not buy the property.     

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.19. as PUD with an amendment to the PDP as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item VI.B.20.  (Z0607106)  Randy Swindle and Jacqueline Matthews’ request for change from AU to RRMH-1 on 1.18 acres located on the southeast corner of Barcelona Avenue and Satellite Boulevard which was recommended for approval by the Planning and Zoning Board.

 

Jim Reynolds expressed his opposition to the rezoning. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.20. as RRMH-1 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough noted there are similar zonings in the area.

 

 

 

Chair Voltz called for the public hearing to consider an ordinance for regulating usage of portable temporary storage units.

 

Planning and Zoning Director Robin Sobrino advised this is a second hearing addressing regulations in both the single family classification and in the commercial, industrial, and institutional classifications; currently there are no regulations addressing Pods; and this ordinance will help provide guidelines for having the portable temporary storage units in the residential and non-residential areas. 

 

Commissioner Carlson inquired if there is any detail about keeping the Pods out of the rear of residential properties; with Ms. Sobrino replying it can be put in. 

 

Ms. Sobrino stated the proposal established a one-time, maximum 90-day stay per 12-month period; the Building, Construction, and Contracting Advisory Committee had recommended that instead a person be allowed to have up to 25 Pods on a property as long as it did not cumulatively stay more than 90 days; but staff felt it was an enforcement nightmare and would rather go with no restriction on the number of Pods. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Ordinance No. 06-43, amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 6, Subdivision 1; specifically creating Section 62-2117.5 “Portable Temporary Storage Units”, providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida.  Motion carried and ordered unanimously.

 

 

Upon motion and vote, the meeting adjourned at 10:26 p.m.

 

 

 

ATTEST:

                                                                        ______________________________

                                                                        HELEN VOLTZ, CHAIR

                                                                        BOARD OF COUNTY COMMISSIONERS

_____________________                              BREVARD COUNTY, FLORIDA

SCOTT ELLIS, CLERK

 

         (S E A L)