March 3, 2011 Zoning
Mar 03 2011
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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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Trudie Infantini
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Commissioner District 3
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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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Chuck Nelson
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Commissioner District 2
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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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Morris Richardson
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Assistant County Attorney
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Present
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Mel Scott
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Assistant County Manager
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Present
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INTRODUCTION TO ZONING PROCEDURE
The Board of County Commissioners acts as a Quasi Judicial 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 that 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 Pastor Ivan Corbin, Grace United Methodist Church, Merritt Island, Florida.
PLEDGE OF ALLEGIANCE
Commissioner Trudie Infantini led the assembly in the Pledge of Allegiance.
ITEM I.A. RESOLUTION, RE: COMMENDING LIFESTYLE HOMES
The Board adopted a Resolution 11-034 commending LifeStyle Homes for their selfless act and show of dedication to the community; and wished them much personal and business success in building homes in Brevard County.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Infantini, Anderson, Nelson, Bolin
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The Board adopted the Resolution 11-033 recognizing Dance Mania's Mini Jazz Team as the 2011 National Dance Team Champions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Infantini, Anderson, Nelson, Bolin
.
Commissioner Nelson stated that the Board was a bit surprised today to hear of the Clerk's decision to privatize Clerk operations, especially a portion that the Board pays for and has come to expect. He noted he does not know that is going to change, but believes there are certainly some concerns that have not coordinated this change. He noted the Board as a whole does not know what the impact is going to be to it; there may be savings associated with it, but there may be additional costs that have not been identified yet; there will be some IT issue about access to computers, for payroll, and those kind of things that have to be worked through; and his understanding is that Mitch Needelman, Clerk of Courts, is implementing this tomorrow. He stated he believes it would be appropriate for the Board to ask that this not be implemented, at least on the Board side, until it understands what those impacts are going to be to it because there is a lot of interrelation; for instance, in the insurance area, by losing that number of employees, it makes insurance costs go up at a time when the Board thought it was saving money, so it may have netted out actually as a deficit to the Board of County Commissioners; and those are the kinds of things that he would like to know, and have some assurance that this is indeed beneficial, in all aspects. He advised it may be beneficial on one side, but maybe not on the other; and until that discussion has been had, he is concerned that implementation means the Board may reach a point of no return and be left without any options. He would like to make a motion that the Board request Mitch Needelman, Clerk of Courts, not implement, at least the Board side of the new service, until he has had an opportunity to speak with each Commissioner to explain what the impacts are so the Board can have an understanding of that.
Commissioner Bolin stated when referring to the people the Board has hired to do this service, it hires people through the Clerk to do a service.
Commissioner Nelson replied yes, there is Board records, Value Adjustment Board (VAB), and County Finance; all of those the Board pays for directly; he is not sure of the exact number, but it is well over $1 million of costs to Brevard County for those services; he believes they do a great job, but that is not the issue; the question is what are the other things the Board has not discussed; and he would like to know that this is indeed a good deal for everyone.
Commissioner Anderson inquired if Commissioner Nelson is looking for a cost benefit analysis.
Commissioner Nelson replied yes, and to make sure all the issues have been covered that are going to arise; and there are limitations on how the Board can do certain things, such as allowing access to a computer system, even as simple as it sounds.
Commissioner Anderson advised his only concern is losing 140 people out of the insurance pool right now; and that will be an unfunded cost to the Board that it did not anticipate in the middle of this budget.
Commissioner Nelson advised from a personal basis, he has a concern about the VAB piece as well; and he does not feel comfortable farming that out, so to speak. He added he realizes some of those employees are going to be some of the same employees, but the discussion still needs to take place.
Commissioner Infantini noted she concurs, because Commissioner Anderson and herself both work very closely with the VAB staff; she is unaware of what all the ramifications are; and she does not know what the Board’s rights are to provide any type of oversight. She advised she is not trying to overstep the Board's authority, but at the same time she feels it is not in a good position; and she would like to see a little more analysis done as well. Commissioner Nelson stated even as a courtesy to help the Board understand, because it may be a savings on one side, but an expense on the other.
Commissioner Bolin inquired if the former Clerk of the Courts took all of his employees off the Board's insurance at one time and then put them back on again; and stated the Board would have some type of an idea what that expenditure was.
Chairman Fisher stated he believes an analysis was done at one point in time, but was dropped because the Clerk of Courts realized the savings was not as great as he thought it was. He advised he did have a chance to talk to Mr. Needelman today and express some concerns; and he believes that by pulling the employees that were staff sourced, plus their dependents, that it could be an additional $1 million cost to the Board; and that concerned him. He noted also the concern of the Clerk employees who work for the Board; and inquired if the Board would like to take over those functions.
Commissioner Bolin inquired if the Board had the ability to make any difference at this point; and she is aware the Board wants to understand everything and get a cost analysis, but the motion was to have him cease and desist.
Commissioner Nelson advised the request is that Clerk Needelman withdraw, he is not saying the Board has the authority to tell him no, but he would hope it does.
Chairman Fisher noted Clerk Needelman needs the Board as a partner; and the Clerk told him that.
Commissioner Nelson stated he is not trying to be critical, because this may be a good idea; but he just does not know.
Commissioner Anderson advised it is certainly going to come up in the budget workshops, and every Constitutional Officer has appeared before the Board except for one.
Assistant County Attorney Morris Richardson added as one of the Constitutional Officer's, the Board has the ability to make that request at least of Mr. Needelman, although it may not ultimately have any say over which direction it goes.
Commissioner Anderson advised the Board can still request him to hold off.
Chairman Fisher stated he understands the request, but he is not sure how many people actually come under the Board's control; and maybe that is something it needs to understand in this process. He noted he understands the minutes of the Clerk side of it; but is not sure of any other departments.
Commissioner Nelson stated he believes it is probably in that 40 to 50 range, total; and inquired how many in County Finance were affected.
Chairman Fisher stated he believes that is the problem, that the Board does not know; that is why it is uncomfortable; there is a motion on the floor to ask Mr. Needelman to politely withdraw his invitation until the Board has had a chance to understand better; and stated he thinks he has a meeting tomorrow or the next day with him. He stated Mr. Needelman is trying to get to each Commissioner, and the Board will ask him to delay this until it has a chance to understand the cost analysis and the benefit of outsourcing those services.
Commissioner Bolin inquired if it will come back to the Board on Tuesday. Chairman Fisher replied yes, if he can have the numbers. Commissioner Nelson added as soon as possible. Chairman Fisher stated as soon as possible would be wonderful.
The Board requested that the Clerk of Courts, Mitch Needelman, not implement Source 2 in the County funded departments until he has had an opportunity to explain the Board what those impacts are, and also to give a cost/benefit analysis.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Infantini, Anderson, Nelson, Bolin
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ITEM II.F BEACH ACCESS
Commissioner Anderson stated there was a request by a resident that lives on beachside in his district and he promised him he would bring it up; this is about the beach crossover issue; and he does not feel that there is any input, so he will express his concerns. He noted as many of the Commissioners know, there are a lot of small beach crossover areas that have no parking. He advised under the County's Comprehensive Plan, it states that the Board will provide as much access as possible to beach and riverfront areas; this gentleman lives adjacent to one of those accesses and he has had some issues with people going over it at nighttime leaving trash; the Parks and Recreation Department has a situation where they do not have a lot of man power to go check all of those beach accesses everyday; and so he has been cleaning it up on his own. He went on to say the gentleman first said he would like to buy the access from the County, and he said he does not believe he would get the votes for that; but he does not believe the Board can do that under the Comprehensive Plan; his question was if there could be some sort of signage there on the other beach accesses that say, 'No use dusk until dawn'; and he spoke with Commander Ambrose in the South District, but the problem with that is, once someone crosses over that crossover, it is hard to prove how the person got there. He stated he promised he would open it up for discussion and maybe there are some opinions the other Commissioners that have been here for a while have in this situation. He added, the other issue is, because there is no park residents are just crossing A1A to get to the beach access; and added that there was a woman in his district, near Commissioner Bolin's area also, that just got hit by a car. He noted he does not know what the solution is, he knows that it is hard for Jack Masson, Parks and Recreation Director, to keep it cleaned up as staff cannot go by there every day; and inquired if there was any input or suggestions that the Board could give. He stated that it is a dangerous situation because there is no parking on that side of the road, and no crosswalk.
Jack Masson, Parks and Recreation Director, stated Commissioner Anderson paraphrased their discussion; on one additional note, Policy BCC-77 specifically states that the Board will not consider vacating public access to waterfront property unless such action is clearly in the best interest to Brevard County. He stated BCC-77 covers waterfront property such as the Atlantic Ocean, St. John's River, Indian River Lagoon, and Banana River; this is a six-foot platted beach access that was platted in 1939; and what Commissioner Anderson shared with the Board outlined everything he and Commissioner Anderson talked about in getting the Sheriff involved for the enforcement side; but as the Commissioner said, the enforcement is only good to the crossover until it reaches the State property. He went on to say they had talked about the possibility of posting a sign that would say the crossover would be open daylight hours only; and he has asked staff to pay more attention to the trash. He stated he thinks the gentleman's two concerns are after hour’s usage and people crossing over A1A to get to the beach crossover.
Commissioner Anderson stated he does not know if the Board would like to entertain putting signs up; he told the resident he would not do anything unless he had the concurrence of the Commission, even though it is in his district. He added once signs start getting put up on one access, then the Board is opening itself up to all accesses; and it is hard because he likes to take his family over to the beach for an evening walk and would hate to close down the access, but somehow the Board needs to ensure that it is not bothering adjacent property owners as well.
ITEM II.G TEMPORARY APPOINTMENT TO THE VALUE ADJUSTMENT BOARD
Chairman Fisher stated he needs to make a temporary appointment to the Value Adjustment Board; and he would like to appoint Stan Retz.
ITEM II.G.1 FIRES IN NORTH BREVARD
Chairman Fisher stated he was in Scottsmoor with the fires until 1:00 a.m.; and had to declare a State of Emergency because of the width and length of the fires, which were nine miles long and six miles wide at one point. He expressed thanks to the Fire Department and Public Safety; they did a wonderful job; watching them go through the scenarios that the fire could do, they were always concerned about life and structures; and they knew they may lose some orange groves and trees, but life and structures were always a priority and they positioned themselves to fight the fires in that way. He added it is amazing the small amount of structures that were lost; and he knows it is not a small amount to the people who lost them, but it could have been a lot worse. He went on to say that he takes his hat off to those guys and the wonderful job they did; everyone should be proud of them; they have worked some long hours; and it is not over yet. He advised they have a little of it under control, even though he heard that it was picking up and heading west today.
ITEM II.G.2 MISREPRESENTING THE BOARD ON THE HIGH SPEED RAIL
Chairman Fisher stated he is concerned because he has been accused of misrepresenting the Board; and that concerns him a great deal because he spent a lot of time trying to do the correct thing on the Board's behalf. He stated he needs to know how the Commissioners feel, he already knows how Commissioner Infantini feels; and inquired if he misrepresented any other Commissioners, because if he did he will apologize. He went on to say that he thought it was pretty clear by the discussion the Board had on what direction it wanted to go in reference to the letter to the governor and the High Speed Rail process. He stated Commissioner Infantini sent a letter negating his letter, saying that he did not properly represent her and that the Board never had the discussion on whether or not federaldollars should be used or not; and she no longer supported that. He inquired if it was the rest of the Board's decision that he misrepresented it in his letter.
Commissioner Bolin stated she reviewed the tape and read the word-for-word verbatim of the meeting, and she feels that Chairman Fisher represented the Board correctly.
Commissioner Anderson stated he went back through it and it states in Chairman Fisher's letter that the taxpayers of Brevard County and the State of Florida should not be on the hook, that it should be private industry and federal government. He stated his opinion is that it is a non-issue; he is not sure that the Supreme Court has made a decision yet, he has heard it will be Friday; and in lieu of that decision, he believes the money is going back to D.C. as he had stated in that meeting.
Commissioner Nelson stated while he was not in support of sending the letter, he feels it encapsulated what the Board decision was and he certainly does not have a problem with it.
Commissioner Infantini stated she did not negate Chairman Fisher's letter but stated some of the points were inaccurate; and she believes based on the meeting earlier that day, where the voting was taking place on using reserves for park things, she was a little frustrated. She stated the word ‘appalled’ would be a little strong of a word in her letter; however, Commissioners never in the verbatim say they disagreed with the Governor's rejection of federaldollars; and that was one of the phrases Chairman Fisher used, and also the first leg, which was never stated in the verbatim. She added that she has the verbatim, and she was very clear to make sure it was not any further than just Disney World to the Orlando Airport to the Port; and she specifically stated when Commissioner Nelson wanted to expand it to Tampa, that she did not want to expand it at all. She went on to say all she was counteracting was that the letter already went out, and she would have loved the chance to review it with Chairman Fisher, and said that was not her position. She stated because she was included because she did vote for it, she wanted to make sure her position was correctly reflected; and since the letter was already sent that was why she had to quickly email and fax out her letter, otherwise, she would have gladly handled it with Chairman Fisher to let him know that it did not reflect her position because she does support the governor and what he is doing. She went on to say that she was just correcting the wording because the Board did not refer to one leg as opposed to an additional leg, it was to be only from those points.
Chairman Fisher asked SCGTV to play a portion of the video from the February 22, 2011 Board Meeting that included discussion on the Letter to Governor Rick Scott Supporting the High Speed Rail.
Chairman Fisher stated when looking at the video, he sent that letter stating exactly, in his opinion, what the Board wanted him to do; Commissioner Infantini decided to send a letter to the Governor and say that her letter negates his letter, and that he allegedly misrepresented his fellow Commissioners; in her letter, Commissioner Infantini makes reference that the Commission did not say it would disagree with the rejection of federal dollars associated with Florida's High Speed Rail; and she also made reference that she is in complete agreement of the Governor's decision to reject federal dollars with all the strings attached. He went on to say the motion was pretty clear to support the rail coming this way if the Board had federal dollars; he takes writing letters on the Board's behalf, and writing letters to the Governor, very seriously; and when another Commissioner sends her personal letter on County letterhead and says that she negates what he said when the motion was seconded by her, and then when he read the motion back and it was approved with another confirmed vote, it concerns him somewhat. He stated some people may have seen the article in the paper today, and he wanted to make sure that he did not misrepresent the Commissioners; and if he did not, he feels bad about the Governor thinking that the Board does not have a Chairperson that represents it in a fair way and lied to it, because he did not.
Commissioner Infantini stated she does not think Chairman Fisher lied, she just does not think it was an accurate reflection of what was discussed; so she thinks in the future, both of them have learned if a letter is going to be sent on behalf of the Board, before she accepts, and before he takes on the ownership, that the letter should be ran by the Commissioners before it is sent; because she knows with her staff, she asks to see every letter that leaves, so that she knows it is representing her and her position it correctly.
Chairman Fisher stated he does not think her position changed on whether federal dollars ought to be spent, or whether the Board should support the Rail running to Brevard County; and in gist, that is what the letter stated.
Commissioner Infantini stated she will take credit for the fact that her letter could have been better worded; but she also thinks that Chairman Fisher’s letter was inappropriately worded; and going forward, she thinks if each of them talk to each other more, not on votes, but on wording, that would be a good lesson learned.
Chairman Fisher stated in this lesson, when Commissioner Infantini wrote her letter, she did not support federal dollars going towards the rail; and inquired if she would rescind her comment that she did support federal dollars.
Commissioner Infantini stated yes, she would gladly do that, because that is the way it was worded in the minutes, and that is exactly what she said. She stated she will take credit for the fact that the wording in her letter is less than wonderful; but she did want to get a letter out because it did reflect the tone that she did not agree with and she did not refer to another leg, and she did not feel it was appropriate to say the Board disagreed with the Governor regarding the rejection of the federal dollars, because she did not disagree with him, she understood his point entirely.
Chairman Fisher stated he does not feel that Commissioner Infantini's letter should have negated his, and he does not feel that he misrepresented the Board; and he does not know why Commissioner Infantini would be appalled at the contents because she supported everything that his letter said.
Commissioner Infantini noted she did not support everything his letter said; there was not more than one leg; she was clear, and so was Chairman Fisher that it was only to go from the Port; and that is exactly what he said, and the minutes do support that.
Chairman Fisher stated Commissioner Infantini is on the record, and he does not mind that she changes her mind on the position of the rail, but he is concerned when she writes a letter to the Governor of the State and tells him that he misrepresented the Board; and that she told the Governor that she did not support federal dollars going to the project and she did support it; so if she would like to change her mind and not want to support it now, he is more than comfortable with that; she has that right to do that; and there are rule 13's and all kinds of things that can handle that.
ITEM IV. PUBLIC COMMENT, RE: COMMISSIONER INFANTINI’S LETTER TO GOVERNOR SCOTT - MAUREEN RUPE
Maureen Rupe stated she is here on the issue of Commissioner Infantini, who she did not negate the letter sent by Chairman Fisher; and she has a cover letter that states, “This is a somewhat urgent fax in that it negates the letter sent by Commissioner Robin Fisher of Brevard County.” She stated the letter was sent out on letterhead of the County; and inquired what authority she has as an individual Commissioner to negate the Chair and the votes of the Board of County Commissioners.
PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF FEBRUARY 7, 2011
Chairman Fisher called for a public hearing to consider Planning and Zoning Board Recommendations of February 7, 2011, as follows:
ITEM V.B.1. (Z1102401) - THE VIERA COMPANY- (SHERYL DENAN/VERIZON WIRELESS) - Request a Conditional Use Permit for Towers & Antennas in a PUD zoning classification, with waivers to setbacks from all property lines, on 0.2754 acre or 12,000 sq. ft., +/-. Located approx. 900 ft. west of Lake Andrew Dr. and approx. 400 ft. north of Judge Fran Jamieson Way.
Cynthia Fox, Planning and Zoning Manager, stated there is a request to table this to the May 26, 2011 Board meeting.
There being no further comments or objections, the Board approved tabling the request for a Conditional Use Permit (CUP) for Towers and Antennas in a PUD zoning classification, with waivers to setbacks from all property lines, on 0.2754 acre on 12,000 square feet, +/-, to the May 26, 2011 meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Infantini, Anderson, Nelson, Bolin
.
ITEM V.B.2. (Z1102101) - WHITE SANDS BUDDHIST CENTER, INC. - (Dr. Duc Chau) - requests a change from RRMH-1 to IN(L) on 16.11 acres. Located on the south side of Aurantia Rd., approx. 0.2 mile east of I-95 (4640 Knost Dr., Mims)
Cynthia Fox, Planning and Zoning Enforcement Manager, stated she wanted to make the Board aware that the request for rezoning is for the purpose of legalizing an existing use for the property as a place of worship. She stated they have been on the property for about five years, there are no active Code cases on the property; but the applicant does have the desire to expand the structures on his property; and has filed a subsequent application for a future land use change to Residential II, which would allow the maximum square footage of the structures on the property to go from a current 6,300 square feet up to 21,000 square feet. She stated she wanted to make the Board aware of that and make it public record that it is just reconsidering the rezoning; but there will be another application coming to allow the structures on the property to expand. She stated the Board will see that at a future meeting, but the Board does have the ability to hold this request up until that application meets up with this one if the Board chooses to do so.
Chairman Fisher inquired if the Board approves the request today, would the applicant still have to go through the site plan approval process. Ms. Fox replied yes, everything will have to go through the site plan and permitting process.
Chairman Fisher inquired if Ms. Fox would like for the applicant to speak, or if she would like to speak on the item first.
Ms. Fox noted the current zoning classification is RRMH-1; and they are requesting Institutional. She added the request caps the square footage to 6,300 square feet, and with the subsequent application the applicant will be able to go up to the 21,000 square feet.
Dr. Duc Chau stated he would just like his application approved so they can continue to build their building.
Commissioner Nelson inquired if Chairman Fisher would like to limit this to a place of worship, as opposed to all the uses under the Institutional zoning classification.
Chairman Fisher stated he thought about that and his concern is that he is noticing on a lot of church properties these days, there are assisted living facilities for the church members as they get older; if the Board were to limit it to worship only it may be stopping that ability for them; and he is not sure if that is the applicant's goal, or plan.
Ms. Fox stated typically, an assisted living facility would be a separate use that would not really be ancillary to a place of worship; and if the Board wanted to allow that, it could limit it to a place of worship with ancillary uses and an assisted living facility use.
Commissioner Bolin inquired if a daycare center would fall into all of that. Ms. Fox added that is ancillary to church use. Dr. Chau advised they do not plan on a daycare center, or anything else, only worship. Chairman Fisher inquired if Dr. Chau is okay with that; with Dr. Chau responding affirmatively
There being no further comments or objections, the Board approved the request for a change from RRMH-1 to IN(L) on 6.11 acres, for worship only.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Infantini, Anderson, Nelson, Bolin
.
ITEM V.B.3. (Z1101101) - BRUCE L. ANDERSON - requests a change from GU to AU on 1.01 acres. Located on the south side of Dalhi St., approx. 170 ft. west of Knoxville Ave. (3215 Dalhi St., Cocoa)
Cynthia Fox, Planning and Zoning Enforcement Manager, stated this a request to change from GU to AU on one acre located in the Canaveral Groves area; the applicant has a desire to raise some fruit trees on his property; and the agricultural zoning classification will allow him to have a higher fence for his dogs as well.
Bruce Anderson stated he is available for questioning; stated Ms. Fox had called him earlier today, and his wife answered some questions she had; and he is available for additional questioning if there were any.
Commissioner Nelson stated he believes there was a question that he had asked, which was that he thought the applicant wanted the higher fence because he has a puppy now and at some point it will be able to jump that fence. Mr. Anderson added on the run, the puppy can jump a seven-foot fence. Commissioner Nelson stated Mr. Anderson is not looking to breed animals. Mr. Anderson stated no, he is not looking to breed animals. Commissioner Nelson added the area is developed residential. Mr. Anderson stated he is more worried about public safety than anything else. Commissioner Nelson inquired if Mr. Anderson had three or four dogs. Mr. Anderson replied he has three dogs now.
Commissioner Nelson added he would like to limit it to four dogs. He advised what the Board does not want is a breeding operation in a residential area; he is not saying that is the applicants intent; and he supports his idea of having a higher fence. Chairman Fisher stated especially if the puppy can jump seven feet on the run. Mr. Anderson stated there are a lot of buzzards in the area and they will sit on the fence and the dog can just about get his paws to the eight foot mark, but not quite. Commissioner Bolin inquired how high can the Board allow him to put his fence; and if it could be ten feet high. Mr. Anderson stated he does not believe he needs a ten-foot fence; he does not think he will be able to jump an eight-foot fence; but he is an agility trained animal. Commissioner Bolin stated he is allowed to go to eight-feet. Chairman Fisher inquired if the Code will let him go to eight-feet; with Ms. Fox responding yes.
There being no objections, the Board approved the request to change from GU to AU on 1.01 acres, with a limit of four dogs.
Ms. Fox added so the applicant is aware, staff will be contacting him to do a Binding Development Plan.
Morris Richardson, Assistant County Attorney, inquired for the record, if the applicant was okay with the limit of four dogs. Mr. Anderson replied absolutely.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Infantini, Anderson, Nelson, Bolin
.
(Z1101202) - NICHOLAS M. & LAURA J. STIPANOVICH, CO-TRUSTEES - (Clifford Repperger, Esq.) - request a Amendment to an existing BDP in a BU-2 zoning classification on 1.48 acres, +/-. Located on the southeast corner of Tangerine Ave. & N. Tropical Trail. (140 Tropical Trail, Merritt Island)
Cynthia Fox stated the application has been tabled by the Planning and Zoning Board and will be heard at the March Planning and Zoning meeting, and she needs the Board to table it to the April 7, 2011 Board meeting.
There being no further comments or objections, the Board approved tabling the request for an Amendment to an existing BDP in a BU-2 zoning classification on 1.48 acres, +/-, to the April 7, 2011 meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Infantini, Anderson, Nelson, Bolin
.
(Z1101301) - SEBASTIAN INLET MARINA, LLC - (Thomas P. Kennedy) - requests a CUP for Alcoholic Beverages for Consumption on Premises in a BU-2 zoning classification, in conjunction with a restaurant only, on 2.85 acres. Located on the east side of U.S. 1, immediately opposite of the easterly terminus of Daytona Blvd. (8685 Hwy. 1, Micco)
Cynthia Fox stated the item has been tabled by the Planning and Zoning Board, they are going to hear it in April, and it needs to be tabled to the May 5, 2011 Board meeting.
There being no further comments or objections, the Board approved tabling the request for a Conditional Use Permit (CUP) for alcoholic beverages for consumption on premises in a BU-2 zoning classification, in conjunction with a restaurant only, on 2.85 acres, to the May 5, 2011 meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Infantini, Anderson, Nelson, Bolin
.
ITEM V.B.6. (Z1101402) - DIAMONTE SANDS, LLC - (Jack Spira) - 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 side of Hwy. A1A, immediately opposite of the eastern terminus of Berkeley St. (501 Hwy. A1A, Satellite Beach)
Cynthia Fox stated the item has been tabled by the Planning and Zoning Board, and needs it tabled to the April 7, 2011 Board meeting.
There being no further comments or objections, the Board approve tabling the request for 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 acres, to the April 7, 2011 meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Infantini, Anderson, Nelson, Bolin
.
Upon consensus of the Board, the meeting adjourned at 5:56 p.m.
ATTEST:
__________________________________
MITCH NEEDELMAN, CLERK
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ROBIN L. FISHER, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA