May 5, 2011 Zoning
May 05 2011
Call to Order
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Title
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Status
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Arrived
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Robin Fisher
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Chairman / Commissioner District 1
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Present
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Chuck Nelson
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Commissioner District 2
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Present
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Trudie Infantini
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Commissioner District 3
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Present
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Mary Bolin
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Commissioner District 4
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Present
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Andy Anderson
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Vice Chairman / Commissioner District 5
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Present
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INTRODUCTION TO ZONING PROCEDURE
The Board of County Commissioners acts as a Quasi Judical body when it hears requests for rezonings and Conditional Use Permits. Applicants must provide competent substantial evidence establishing facts, or expert witness testimony showing that the request meets the Zoning Code and the Comprehensive Plan criteria. Opponents must also testify as to facts, or provide expert testimony; whether they like, or dislike, a request is not competent evidence. The Board must then decide whether the evidence demonstrates consistency and compatibility with the Comprehensive Plan and the existing rules in the Zoning Ordinance, property adjacent to the property to be rezoned, and the actual development of the surrounding area. The Board cannot consider speculation, non-expert opinion testimony, or poll the audience by asking those in favor or opposed to stand up or raise their hands. If a Commissioner has had communications regarding a rezoning or Conditional Use Permit request before the Board, the Commissioner must disclose the subject of the communication and the identity of the person, group, or entity, with whom the communication took place before the Board takes action on the request. Likewise, if a Commissioner has made a site visit, inspection, or investigation, the Commissioner must disclose the fact before the Board takes action on the request. Each applicant is allowed a total of 15 minutes to present their request unless the time is extended by a majority vote of the Board. The applicant may reserve any portion of the 15 minutes for rebuttal. Other speakers are allowed five minutes to speak. Speakers may not pass their time to someone else in order to give that person more time to speak.
INVOCATION
The invocation was given by Ken Jones, Melbourne Church of Christ, West Melbourne.
PLEDGE OF ALLEGIANCE
Commissioner Mary Bolin led the assembly in the Pledge of Allegiance.
Commissioner Infantini read aloud, and the Board adopted, Resolution No. 11-090, recognizing the Melbourne Beach Tsunami Under-14 Girls Soccer Team for winning the 2011 Red Diamond Vulcan Cup Tournament in Birmingham, Alabama; and commended the coaches, parents, and all those who have devoted time and effort toward their success.
Coach Dean Pekmezian expressed appreciation to the Board for recognizing the team, which has worked hard all year; the last game will be on Saturday; and he cannot think of a better way of ending the season than being recognized by the Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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Commissioner Infantini read aloud, and the Board adopted, Resolution No. 11-091, proclaiming the month of May 2011 as Motorcycle Safety Awareness Month; and recognized the local ABATE chapters for their outstanding efforts in motorcycle safety and education not only in the month of May, but all year long.
Dan Sumner expressed appreciation to the Board for the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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Commissioner Nelson stated he and Commissioner Bolin attended the 50th Anniversary of the first man in space; they were able to stand on the pad at Cape Canaveral Air Force Station, where the Mercury Capsule was launched; there was a presentation from four minutes before the launch, to the actual recovery, and did it in real time; and Alan Shepard's three daughters were there to speak. He stated there were many original members of the Mercury team there as well; the event was very touching; and in the middle of the ceremony an eagle circled over the Mercury capsule.
REPORT, RE: 50TH ANNIVERSARY OF THE FIRST MAN IN SPACE; AND THE OPENING OF THE PINEDA CAUSEWAY EXTENSION
Commissioner Bolin reiterated Commissioner Nelson's remarks regarding the 50th Anniversary of the first man in space. She also noted the Pineda Causeway is officially open, and advised everyone to drive it.
REPORT, RE: CYSTIC FIBROSIS GREAT STRIDES EVENT
Commissioner Anderson expressed appreciation to everyone who supported the Cystic Fibrosis Great Strides event over the weekend; he had the privilege of co-chairing the event with School Board Member Andy Ziegler; and the goal was to raise $30,000, but they raised $31,000. He especially thanked the Parks and Recreation staff who accommodated the event; during the walk in the morning was also the beginning of the Moving Wall ceremony; and everybody was really accommodating to the walkers, even though another event was being set up.
Cindy Fox, Planning and Zoning Enforcement Manager, advised the item involves a BDP that was voluntarily offered during the rezoning of the property from RU-1-13 to AU; staff needs direction as to the acceptability of the offered BDP; the motion of the Board at its February 3rd meeting was that was to be no commercial agricultural activities on the property; and the applicant believes there is further clarification needed in that particular area of the BDP. She advised if the Board is acceptable to the offered BDP by the applicant, the request will have to go back to a public hearing with proper notice to the surrounding properties.
Commissioner Nelson stated he had the chance to talk to the applicants; he thinks there is now a good understanding, but for the record, the applicants want to be able to sell their agricultural products in excess of their own personal needs, but they will not do it on site; and there will be livestock for personal use only.
Chairman Fisher, and Commissioners Bolin, Infantini, and Anderson, all noted they also met with the applicants.
Chairman Fisher inquired if the item is being moved to be re-advertised again, or is it approving the request as-is. Morris Richardson, Assistant County Attorney, advised the motion was 100 percent clear that there be no commercial activity; the BDP will have to be re-heard at a future public hearing; and a motion will need to be made that is consistent with the BDP that will be presented, as opposed to the current proposed BDP.
Commissioner Bolin noted she would like the word, "and" stricken from the last line of Section 2 of the BDP which reads, ..."high-voume and packing or processing..."
Ms. Fox advised there is a cost associated with the advertisement; unless the Board chooses to waive the cost, the applicant will have to pay the cost. Commissioner Nelson stated it would be his preference to waive the cost, as it was the Board's clarification issue, and not the applicant's.
The Board directed staff to advertise for a future public hearing, to accept the amended BDP, with proper notice furnished to the neighborhood, and waived the cost of advertising to the applicant.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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ITEM V.B.5. (Z1101202) - NICHOLAS M. AND LAURA J. STIPANOVICH, CO-TRUSTEES - (Clifford Repperger, Esq.) - request an Amendment to an existing BDP in a BU-2 zoning classification on 1.48 acres, +/-. located on the southeast corner of Tangerine Ave. and N. Tropical Trail. (140 Tropical Trail, Merritt Island)
Cindy Fox, Planning and Zoning Enforcement Manager, advised the item was tabled by the Planning and Zoning Board to their May 9th meeting; and she inquired if the Board will consider tabling the item to May 26th Zoning meeting.
The Board approved tabling Nicholas M. and Laura J. Stipanovich, Co-Trustees' request to the May 26, 2011 Zoning meeting.
RESULT: TABLED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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ITEM V.A.1., PUBLIC HEARING (Z1101402) DIAMONTE SNADS, LLC - (Jack Spirs) - requests a Small Scale Plan Amendment to change the Future Land Use Designation from Res 15 to CC; and a change from RU-2-15 to BU-1, with a Binding Development Plan for an Assisted Living Facility with 18 total units, on 0.37 acre, located on the east of Hwy. A1A, immediately opposite of the eastern terminus of Berkeley St. (501 Hwy A1A, Satellite Beach)
Chairman Fisher called for a public hearing to consider Planning and Zoning Board recommendations of the tabled item.
Cindy Fox, Planning and Zoning Enforcement Manager, advised the item requests a Small Scale Comprehensive Plan Amendment to change the Future Land Use Designation from Residential 15 to CC; and have a rezoning change from RU-2-15 to BU-1 for an 18-bed assisted living facility.
Chairman Fisher, and Commissioners Bolin, Infantini, and Anderson, all noted they had conversations with the applicant.
Jack Spira representative for Diamonte Sands, LLC stated the property in question is the old Perkins restaurant site on Highway A1A; it was heavily damaged during a hurricanes in 2004-2005; the requested actions is BU-1 with a Binding Development Plan (BDP) for an 18 bed assisted living facility; the property background originally was zoned BU-1 for the Perkins restaurant; it was purchased by his client with the idea of building condominiums; and it was rezoned to RU-2-15 in 2005. He advised since 2005 there have been parking problems; originally, his clients were cited by Code Enforcement because the building’s roof was damaged, and as a result, the building had been taken down; when the building was taken down those properties adjacent to South Patrick Residents Association (S.P.R.A.) Park has created parking issues on this property. He stated his clients became concerned about liability from an individual who parks on the property; there was a fence installed, it was knocked down by individuals who want to park on the property, and Code Enforcement issued another citation for the fence being down; the fence is removed, the property is posted, and cars are being towed due to the liabilities; and his client is trying to determine what to do with the property because there is a mortgage and the taxes are being paid; his client met with staff over the past several years; and staff has stated it is desired to be used for parking, but there is no money to purchase the property. He mentioned one comment made by a staff member was to wait for the property to go into foreclosure, and acquire the property that way; there were conversations with Ayn Marie Samuelson from the Homeowners Association, as far as trying to proceed with the Assisted Living Facility by presenting Diamonte Sands, LLC's position; he requested the opportunity through Ms. Samuelson to speak with the residents, that was declined; and there has been no opportunity to talk with the residents through the association. He stated the existing zoning at the present time allows up to 13 units.
Ms. Fox clarified that is not the existing zoning; it would be the existing Future Land Use designation.
Mr. Spira advised the Future Land Use designation allows 13 beds either in a group home or an Assisted Living Facility; he clarified a group home is the home for possibly mentally challenged individuals; an assisted living facility deals with individuals that are elderly needing ambulatory, have lived on beach-side their entire lives, as they become older and not able to give themselves medication or provide for themselves, and are looking for a place to live for the rest of their lives in peace; there has been a sign posted that indicated the intent is to build an Assisted Living Facility; and there has been a significant amount of individuals who have an interest in the property and that type of use. He reiterated these are ambulatory citizens who can get around; and just need help with the day-to-day of taking medication, and should probably not live alone. He advised his clients feel an Assisted Living Facility is much more conducive to the area than a group home; at the present time there needs to be 18 beds; there has been conversations with Commissioner Bolin in the past; he thinks, legitimately she raised a concern that in the event these individuals need to be evacuated, in the event of a hurricane or storm , it would put additional pressure on the County's Emergency Services Department; he thinks it is a valid concern; it was looked at; and State Statues, Chapter 429, requires in order for Assisted Living Facility to be licensed, a management plan is required to be approved by the County, dealing with the ability to move residents in the event of a impending storm. He pointed out there are a lot of beach side elderly citizens in condominiums and those individuals would be more of a burden to Emergency Management than the assisted living facility; it has to be approved by the County in order for them to continue operating; and he did confirm with Robert Lay, Emergency Operations Director, of the understanding of what needs to be in place. He stated the project would be beneficial for the area by generating approximately 20 jobs; it would take about one year and one-half to complete; the project will cost approximately $1.5 million; and upon completion, it will employ approximately six people to house those individuals. He stated the parking would be on-site, underground; the building would be four stories high with three being above the parking area; a variance, or change in set-back, parking, or breezeway is not being asked for; and it will comply to all Codes. He stated one of the issues that has been going on is the parking in S.P.R.A. Park; he knows many residents initially opposed this project because they were mistakenly under the opinion that for some reason the County was giving away some of the parking, or some of the parking would be lost; he knows there were a lot of comments made to the Commissioners about it; in fact, it is just the opposite, this project will not affect S.P.R.A. Park parking; and as part of this project, it is trying to improve the parking situation. He acknowledged it is a difficult situation because that area is a relatively small area, especially during the summer time when it is full from people parking all over; and sometimes the parking is backed into Highway A1A. He provided the Board with a copy of the outlined property in red. Mr. Spira explained the property highlighted in yellow is existing parking within S.P.R.A. Park; as a part of the project, the area in green is the property that is owned by his client Diamonte Sands, LLC, and it would give an easement to the County for additional parking; it would ease the parking situation at S.P.R.A. Park with another eight to 10 parking spaces added; and it is thought it will help alleviate the situation. He advised the ingress and egress into the parking area are a problem for the County; following the yellow line going onto A1A does not line up with the road across the street; it is part of the problem, plus there will be an easement given to the County to go in where it is highlighted in green, so there would be an entrance to enter at that location, and there would be two-points of ingress and egress to give better alignment with the road right-of-way; he thinks it would help resolve some of the problems for the County and the developer by allowing this project to be developed because there is a need for those elderly people who want to remain living on beach side; there would be no impact on Emergency Services; and it will provide additional jobs, additional income, and overall it would be a positive project.
Dave Wilson stated he lives right down the street from where the building would be built; he knows Commissioner Bolin is familiar with the property in question; what bothers him is it is an "L shaped park", and the building is going to be 30 or 40 feet behind the park on the boardwalk; and sitting at the park there will be a building right behind their heads. He mentioned a fence, parking, and people being towed showed the need for more park and parking, not a building right there; he thinks it is going to be a harm to the neighborhood; 18 beds sound good, but it just does not seem like very many people; it is an awful long way for Emergency Services to come to have to help evacuate if it is needed; and he knows the Board is familiar with this issue and the need for more parks. He stated he observed Shuttle watchers parking at the park and trying to go to the beach.
Commissioner Nelson inquired if people were parking on the Diamonte Sands, LLC property. Mr. Wilson responded yes, it was jammed full, and it showed the need for how more parking is needed. He stated he wished deals could be made to keep this property in question open to parking and make it a park; there will be complaints coming in from people trying to go to the beach; there would be a building, with a bunch of old-folks right over their heads; and he can see more problems than what Mr. Spira said it was going to be. He stated he did hear the parking is going to be worked out with the in and out of the park area, which is good; and he would like to see the County work with these folks and try to keep the property for people, parking, and the beach; when going to the beach, there are cars parked on the road, parked all over the place; when going to Patrick Air Force Base, there are so many people who want to go to the beach; there are 40 or 50 cars parked on A1A now; it seems to him that the County needs to do what it can do; he is not too happy about the building; and for anyone who has lived there for a long time, would be ashamed to have that building there in that spot, when there should be something good there for the public, as opposed to a building.
Ayn Marie Samuelson, South Patrick Residents Association President, stated her area has two, small oceanfront parks; one, is S.P.R.A. Park adjacent to the Diamonte Sands, LLC property; all property owners should be able to enjoy and develop their property within current zoning, as zoning confers specific types of property rights and expectations for development, which would be for owners, as well as adjacent property owners; and no one can expect to enhance their property rights, if it conflicts, or is incompatible with current land uses and the character of the surrounding area, which is the case of the request by Diamonte Sands, LLC., seeking to change zoning to BU-1 and change the Comprehensive Plan to allow commercial next to S.P.R.A. Park and residential zoned properties. She stated this would change the density and intensity of the property from the originally planned eight residential condominium units to an 18-unit Assisted Living Facility; a business without sufficient land for a buffer zone for condominium residents or park users; she was informed that the people in the area would be given the benefit of more public parking, but public parking cannot be termed a specific benefit reserved solely for the citizens, when anyone visiting or doing business at the proposed Assisted Living Facility could also use the parking; there would be no conferring of any additional benefit to the public; and there would be more traffic that might adversely affect the usage of the park, as well as impact the safety and accessibility because of that lack of alignment at the southern exit of the Diamonte Sands, LLC property and Berkeley Street, which comes into the west side of A1A. She stated community-commercial would set a bad precedent for other such Comprehensive Plan changes along the fragile oceanfront; and it would open the door for future potential uses, such as when the property is sold, the permitted uses of what could be allowed along the ocean in BU-1 institutional or community-commercial are looked at, would raise some red flags. She stated the partners carry a very large amount of debt; the $1.45 million paid for the property in 2005 was a huge sum; and the seller at that time had been in negotiations with the County for the property to become part of S.P.R.A. Park, but Diamonte Sands, LLC was the highest bidder. She summarized by saying any zoning or Comprehensive Plan change conflicts is incompatible with the current land uses and the character of the area; changes would affect the density, intensity, parking, change traffic, disallow insufficient buffer zone, and setting a precedent for other zoning or Comprehensive Plan changes with too many costs, without additional benefit to the public.
Mr. Spira stated Ms. Samuelson indicated a BU-1 zoning would set a precedent there; he understands if it were strictly a change in zoning, but this is a Binding Development Plan (BDP), allowing no commercial use going there; the traffic counts shown by the County indicated the traffic generated on this type of project is probably the same amount of traffic that would be generated on five or six-unit condominiums; and he reiterated these folks do not drive, they would just live there. He stated his clients have been doing everything needed to work with the County and understands the need for a park, but the problem is there is no funding available; there have been communications with the Parks and Recreation Department to see if there is another piece of property that could be swapped, which his clients would be happy to do; but the Parks and Recreation Department does not have any property to swap. He advised something has to be done with the property; it was indicated a group home could be built there, but he thinks that is not conducive to it; he does not understand the concern of old people being raised; it is unfortunate that it seems there is something wrong with being an old person, but these are people who have had a full life, contributed to society, and there is nothing wrong with them other than needed help with medications, food, and are totally ambulatory; and to designate them as not wanting these people next to the beach is improper. He stated he does not think this going to interfere with what goes on in the area; there are condominiums all the way around the area; and he thinks it is a positive impact for the community.
Commissioner Bolin stated this is in District 4 and she is one of those patron's who use to eat at the Perkins Restaurant; she knows how to get in and out of that area very well; she believes the property is really undersized, even for the current zoning on it; it is going to be a challenge no matter what is chosen to be done with it, as far as the parking and the discussed evacuations; her main concern is, because she thinks the community-commercial zoning is compatible with the neighborhood, as the east side of A1A is trying to be preserved, it is residential now, a zoning change will go with the land, and she does not want to open up that door for any further commercialization on the east side; and stated that is the reason why she is not in support of the request.
Chairman Fisher stated he is concerned; it is a parking lot used by residents that do not own the property; he does not know if that is the influence of supporting it; it seems to him there should be rights to develop the land; and he would like to have some continued dialogue on it.
Commissioner Nelson agreed with Chairman Fisher; he thinks the intensity of the use it too great for that; there is a pretty intense use already in place that could be utilized to develop condominiums; he does believe the additional parking provided would be shared with employees of the facility along with visitors, as opposed to the parking being adequate for what the facility is itself; the use that was granted in the past is consistent with the adjacent properties, so the issue of parking itself never concerned him; he thinks Ms. Samuelson made all the correct points; and the parking was not his consideration, it was really the intensity of that use in that location.
Commissioner Bolin stated the traffic of the people who are going to be living at the Assisted Living Facility will not have a car, but their spouse is pretty much going to be the same age as the person living there, they will be driving; and it will be a hazard for them because of the traffic pattern in that area.
Commissioner Anderson stated the current zoning would seem to be a far more intense, as far as traffic goes, if there is only going to be six employees; it could mean three working at a time, with three cars needing to be parked; not many of the residents would drive, so add another two or three cars; that is a total of about six cars a day; maybe three visitors at a time, now it totals nine; and at the current zoning, it would be far more than that. He stated this request is actually less intense than the current zoning, as far as traffic. Ms. Fox advised it is zoned RU-2-15, which is a multi-family zoning classification, and would be treated like single-family residences; there would be "X" number of trips assigned for each unit it would have; when the average daily trips was done based on the current zoning and the proposed zoning, there was very little change because of the way traffic counts are generated; it is slightly more, but it is not much more. Commissioner Anderson advised he has an elderly father who drives very little, maybe one or two trips a day; when using a normal residential unit like his family who makes several trips a day versus the elderly who might make one trip a day, if able to drive, is a very far stretch in his opinion; there are several of these facilities, that are big, near his office in West Melbourne, and he has not noticed much of a traffic issue there; he does not know why trip calculations are used; start treating the elderly like normal residents; and it seems very unfair. Ms. Fox clarified she is just indicating that the five single-family and 18 is very similar for the traffic counts. Commissioner Anderson stated that is something that he has to figure out; he wants to understand the traffic issue; he is a property rights guy; quite frankly, he thinks this Board will never approve the property to be a park, unless it can be swapped, because it cannot afford the parks that it has now; and if there is not a demonstrated harm that this would do to neighbors in the general area, he thinks the Board has to approve it, otherwise there would be great cause for litigation down-the-road.
Mr. Spira advised the comment made about the parking that additional easement will be used by the residents, visitors, or employees; there is sufficient parking within the property, by meeting all Code requirements; they are not relying on additional parking; but all the parking that is required by Code, is going to be handled within the facility underground, with no additional parking is needed to meet the Code requirements.
Commissioner Nelson stated unfortunately he has had some recent experience with Assisted Living Facilities, but his experience is that the parking needs are greater; he thinks everyone is getting confused between trip generation and parking; trip generation is a car coming and going; parking are the number of people visiting and leaving at any one time; and it is 18 units, which is 18 people with potentially visitors every day, plus staff. Commissioner Anderson stated staff's calculations bother him; staff seems to be considering the most intense use at any given time, but common sense says that rarely happens. Commissioner Nelson stated he is worried that there are only three people working and 18 residents at any one time, but he hopes it would be greater than that, particularly on three floors.
Commissioner Anderson inquired how many parking spaces will there be. Mr. Spira responded he is not sure what the Code requirements are with parking; and they will meet the Code requirements for this number of units in this area for underground parking. Commissioner Anderson stated he is looking at the current aerial of the old Perkins; and that would actually be parking now. Mr. Spira responded that is correct, there will be four floors, the first will be all parking, and following three floors above for the residents; he stated his clients have to do something with the property; there is an alternative to have a group home, but it is still going to generate a different type of use; he understands the position of the Board being between a rock and a hard place with this; a group home is not an ideal situation, it will still have the same problem with parking, there will be a different type of people there, and that is why it is not one of things can be done as an alternative because there are not a lot of choices; he has been trying to work something out with the County for a swap and the County does not have any other property available and not in a position to purchase it; there is a lot of debt associated with this property; and it cannot just sit there and only taxes and mortgage being paid on it without doing something.
Commissioner Nelson stated assisted living does not preclude a person from having a car; there are people who are mobile enough to be able to come and go; assisted living means a person has some particular need that they are assisted with; and theoretically, it could mean there will be 18 people with 18 cars. Mr. Spira stated it is a unique situation; if the concern of the Board is that there is going to residents parking on the property, then his client does not have a problem with trying to limit that, or put some restriction on it; and he does not think it will be a concern, but he understands that Commissioner Nelson thinks it is a concern.
Chairman Fisher stated he is familiar with the property, and it is a nice park; the subject property really needs to be a parking lot for the park; he is not sure if Mr. Spira's client is interested in selling; and he wonders if the Board is willing to have some dialogue about whether or not there is a way for the County to acquire the property. Commissioner Bolin stated the Board can talk about it, but the reality is that there is no money to buy parks.
Commissioner Bolin reiterated that Mr. Spira's client bought the property and understood the zoning at that time. Mr. Spria stated his client acknowledges that; something has to be done with the property; and he does not believe the alternative is as good as the option of an assisted living facility. He stated he has talked to Parks and Recreation about trading properties; he does not know if the County has additional property it wants to swap; he agrees with Chairman Fisher that the property is probably best suited as a park or parking area. He stated the only other option his client has is to have a group home on the site. Commissioner Bolin pointed out that Mr. Spira's client could build a condominium with the current zoning, but chooses not to. Mr. Spria stated the choice would be to build condos where there is no market at all, or build a group home, where there is a market but it is not the best thing for the area.
Chairman Fisher suggested the County could lease the property; and inquired if the Board could table the item and have some dialogue. Commissioner Bolin stated she does not want to table the item. Commissioners Anderson and Infantini also agreed they do not want to table the item Commissioner Infantini stated she does not want to buy any more land; the Board does not have any money; and she does not want to go to the taxpayers and tell them their taxes are being raised in order for the County to buy more land. She stated she does not think the Board should buy any more land, but she also does not think the zoning should be changed in that area either.
Commissioner Anderson noted that even if the Board could swap property, there would still need to be money to turn it into a parking lot, which the Board does not have at the moment. Chairman Fisher noted cars are currently being towed from the site. Chairman Fisher inquired if Mr. Spira's client would consider leasing the property. Mr. Spira replied yes, his client would consider leasing.
Commissioner Nelson stated he does not think the Board is compelled to increase the value of a property because that is what the owner sees the market as being; his concern continues to be compatibility of that use in that location; on its own merit he cannot support it; if discussions occur after that point in time, then so be it; but just on its own merit, he believes the density is too great, and he does not think the proposed use is appropriate.
Mr. Spira stated his client can build 13 units with the current zoning, and 18 units with the proposed zoning, and inquired if there is a number between 13 and 18 that the Board would support. Commissioner Nelson stated under the existing use, five units is allowed. Mr. Spira stated it was his understanding that 13 units would be allowed under the current zoning. Ms. Fox advised if the Board chose to approve Institutional zoning rather than Commercial zoning, then 13 units would be allowed. Commissioner Nelson stated that is not even part of the discussion. Mr. Spira repeated that under the existing zoning, it was his understanding that his client could have 13 units. Ms. Fox noted the client would need Institutional zoning to get the 13 units. Mr. Spira stated he may have some incorrect information.
There being no further comments or objections, the Board denied the request of Diamonte Sands, LLC as recommended by the Planning and Zoning Board.
RESULT: DEFEATED [1 TO 4]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Andy Anderson
NAYS: Robin Fisher, Chuck Nelson, Trudie Infantini, Mary Bolin
.
PUBLIC HEARING, RE: P&Z RECOMMENDATIONS OF APRIL 11, 2011, AND NMI RECOMMENDATIONS OF APRIL 14, 2011
ITEM V.B.1. (Z1104301) - HARBORVIEW MOTEL AND EFFICIENCIES, INC. - (Margaret LaFlamme) requests a CUP for Alcoholic Beverages (beer and wine only) for On-Premises Consumption in a TU-1 zoning classification, in conjunction with a restaurant only, on 0.43-acre, located on the west side of U.S. 1, approximately 760-ft south of Daytona Blvd. (8820 Hwy. 1, Micco)
There being no objections, the Board approved the request of Harborview Motel and Efficiencies, Inc., as recommended by the Planning and Zoning Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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ITEM V.B.2. (Z1104401) - DAVID E. AND KAREN S. MUMME - request a change from RR-1, with the stipulation of a minimum 1,500-square-foot living area, to AU, retaining the stipulation, on 3.28 acres, located on the south side of Lake Washington Rd., approximately 810-ft. west of Turtlemound Rd. (3975 Lake Washington Rd., Melbourne)
Cindy Fox, Planning and Development and Enforcement Manager, advised the request is for a change from RR-1 to AU, for horses and fowl raising. She noted the Board approved a similar request immediately adjacent to the subject property in December.
Commissioner Nelson clarified that the applicant is seeking to raise horses, but not for commercial purposes; and stated he would approve the item limited to no commercial uses on the property.
Ms. Fox requested further clarification on the motion. Morris Richardson, Assistant County Attorney, advised the applicant would have to agree to a Binding Development Plan on the record. David Mumme, applicant, stated he is not looking to go into business, but he would like to join his neighbors to the west who are all zoned AU; and he would like to have horses and chickens. Commissioner Nelson inquired if Mr. Mumme would agree to limit his use to horses and chickens, with no commercial agricultural pursuits.
There being no further comments or objections, the Board approved the request of David E. and Karen S. Mumme, with a Binding Development Plan limited to horses and chickens only, and no commercial agricultural pursuits, as recommended by the Planning and Zoning Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM V.B.3. (Z1104101) - MATTHEW T. AND CHRISTINA MARKS - request a change from GU to AU on 1.95 acres, located on the southwest corner of Date Palm St. and Florida Palm Ave. (5580 Florida Palm Ave., Canaveral Groves)
There being no comments, the Board approved the request of Matthew T. and Christina D. Marks, as recommended by the Planning and Zoning Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM V.B.4. (Z1101301) - SEBASTIAN INLET MARINA, LLC - (Clifford Repperger, Esq) - requests a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-2 zoning classfication, in conjunciton with a restaurant only, on 2.85 acres, located on the east side of U.S. 1, immedicately opposite of the easterly terminus of Daytona Blvd. (8686 Hwy. 1, Micco)
There being no comments, the Board approved the request of Sebastian Inlet Marina, LLC, as recommended by the Planning and Zoning Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM V.B.6. (NMI11401) - JOHN R. DAVIS, TRUSTEE- (Joseph M. Mayer, P.E.) requests a CUP for Substantial Expansion of a Pre-existing use in an IU-1 zoning classification on 10 acres, located on the west side of Pine Island Rd., approx. 0.42 mile north of McGruder Rd. (725 Pine Island Rd., Merritt Island)
There being no comments, the Board approved the request of John R. Davis, Trustee, as recommended by the North Merritt Island Dependent Special District Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM II.C., REPORT, RE: VIETNAM VETERANS REUNION
Commissioner Nelson advised the Vietnam Veterans are having their reunion; he and Commissioner Infantini were at the opening of the reunion; there are activities scheduled for the weekend; and the closing will be late afternoon on Sunday.
Upon consensus, the Board adjourned at 6:04 p.m.
ATTEST: __________________________________
ROBIN L. FISHER, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
__________________________ BREVARD COUNTY, FLORIDA
MITCH NEEDELMAN, CLERK