MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

April 3, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 3, 2008 at 5:02 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Mary Bolin, and Jackie Colon, Assistant County Manager Mel Scott, and Assistant County Attorney Christine Lepore.

 

The Invocation was given by Reverend Elmer Floyd, Eastminster Presbyterian Church, Indialantic, Florida.

 

Commissioner Mary Bolin led the assembly in the Pledge of Allegiance. 

 

 

 

Commissioner Bolin stated she has spoken to Mayor McCormick of the Town of Palm Shores who is concerned she will not be prepared to have numbers for the April 17, 2008 Community Redevelopment Agencies Workshop; and stated she is getting some confusion on the workshop as to what it is going to entail.  She advised she has also talked to Michael Crotty, City Manager of Satellite Beach and he was also under the impression he had to have numbers for the Board versus just the presentation. She noted Mayor McCormick has requested that possibly the Board could delay the Workshop and hold it at another time when there is more information on the total picture of the CRA situation after more decisions are made in Tallahassee; and inquired if the Board would like to continue with the Workshop on April 17, 2008 or delay it to be discussed in more detail at a later time.

 

Commissioner Nelson stated he agrees it would be appropriate to defer the Workshop to a later date in order to see what comes out of Tallahassee.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the rescheduling of the April 17, 2008 Community Redevelopment Agencies Workshop to a date to be specified.  Motion carried and ordered unanimously.

 

 

 

Commissioner Voltz advised she held the first focus group with seniors yesterday morning; there was a tremendous turnout with a lot of information; and the new Secretary for the Department of Children and Family Elder Affairs will be visiting Brevard County and the focus group soon.

 

 

Commissioner Colon read aloud a resolution proclaiming April 2008 as Autism Awareness Month.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution proclaiming April 2008 as Autism Awareness Month throughout the County, encouraging the community to work together to ensure that individuals with autism are accurately diagnosed and are appropriately treated throughout their lives.  Motion carried and ordered unanimously.  

 

 

 

Commissioner Colon stated the Board has had discussions in the past in regards to the protection of mobile homes; she would like the Board to give Zoning Manager Rick Enos and County Attorney Scott Knox authority to review the Pinellas County’s Ordinance for Mobile Home Transition Program; and there are thousands of people concerned about the issue.  She introduced Muriel Varieur to the Board.

 

Muriel Varieur stated she lives in Lamplighter Village; she has had the opportunity of meeting with each Commissioner and/or their aides regarding this important issue on which she testified in 2007 for the affordable housing and workforce; and she feels strongly that the 16,000 mobile homes are not represented in Brevard County for protection.  She stated the group she represents is requesting the Board adopt a Brevard County Ordinance that mirrors Pinellas County Ordinance 05-92; and it needs to happen quickly.  She stated builders come to the Board and talk about relocation, but there is no such thing as an easy relocation, especially when elders and those with disabilities or families are displaced; and the law states that the displacement can be up to a 50-mile radius, which is too far.  She stated the Board needs to proceed quickly; and she hopes she has the Board’s support.  She advised she is leaving Brevard County to go to another state but Carol Nustrom will take her place.

 

Carol Nustrom stated she lives in Lamplighter Village; she has informally met with both Sam Dettra and Alan Woolwich from the Housing and Human Services Department; she has a good idea as to what she will need to put together as far as information packets for the Board; and she is hoping to hold a Workshop with the Board later this summer.

 

Chairman Scarborough stated the Board may not be scheduling extra workshops as the Board has a horrible budget year; but he does not think it will harm Ms. Nustrom and her case because there is sympathy for the problem.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to direct Zoning Manager Rick Enos and County Attorney Scott Knox to review the Pinellas County Ordinance on the Mobile Home Transition Program and report back to the Board with legislative intent of the options available to the Board before an ordinance is advertised.  Motion carried and ordered unanimously.

 

 

 

Item VI.A.2. (Z0801401) Timothy Strickrath Developers, Inc.’s request for a Small Scale Plan Amendment (08S.2) to change the Future Land Use from Neighborhood Commercial to Community Commercial, and a change from AGR to BU-2 with removal of a BDP on 5.99 acres located west of U.S.1, north of Friendship Place, which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.A.2. to the May 1, 2008 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Item VI.A.3. (Z0711502) John M. Gayden, Jr.’s request for a Small Scale Plan Amendment (08S.5) to change the Future Land Use designation from Residential 15 to Neighborhood Commercial, and a change from RU-1-11 to RP on 0.84 acre located east of Hwy. A1A, south of Poinsetta Street, which was recommended for denial by the Local Planning Agency and the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.A.3. to the May 1, 2008 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Item VI.B.4. G & D Developers, L.C.’s request for a Small Scale Plan Amendment (08S.3) to change the Future Land Use designation from Residential 1 and Residential 2 to Residential 4, and a change from AU to EU on 7.434 acres located east of U.S.1, south of Cidco Road.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.B.4. to the August 7, 2008 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough called for the public hearing to consider recommendations of the Planning and Zoning Board of January 7, and March 10, 2008.

 

Item VI.A.1. (Z0801203) – William R. and Mary J. Willhite and Marjorie Belcher’s request for a Small Scale Plan Amendment (08S.01) to change the Future Land Use from Neighborhood Commercial to Community Commercial, and a change from RU-1-7 to BU-2 on 0.68 acre, located north of Terrace Street, west of Clearlake Road, which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the First Small Scale Plan Amendment of 2008, 08S.1, 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 (Ellis:), entitled the Future Land Use Map Appendix; and provisions with 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.3. Dominick and Stacy Marchetti’s request for a change from RR-1 to AU on 5.94 acres located south of Sorrel Drive, east of Adamson Road, which was recommended for approval by the Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.3. as recommended by the Planning and Zoning  Board.  Motion carried and ordered unanimously.

 

 

Item VI.B.1. (Z0803201) Emerald Plaza Development, Inc.’s request for an expansion of an existing CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 classification on 3.17 acres located west of North Courtenay Parkway, south of Queensland Avenue, which was recommended for approval by the Planning and Zoning Board.

 

Commissioner Nelson stated the calculation on the Emerald Plaza Development expansion takes it up to 189 seats; and inquired if staff has confirmed that the parking is sufficient.  Zoning Manager Rick Enos replied affirmatively. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve Item VI.B.1. limited to billiard parlor only.  

 

 

Richard Chamberlain stated his business is also a sports bar; he does more than billiards; and part of the reason for expansion is to expand beyond billiards.  He stated he understands what Commissioner Nelson has said, but the intended use is not going to be vastly different than what he is currently doing.

 

Commissioner Nelson stated as long as it is not vastly different; he does not want the establishment to turn in to a bar only with typical bar uses such as dancing.  Mr. Chamberlain advised his establishment has had dancing in the past along with live music.  Commissioner Nelson stated he would be comfortable with the motion being to approve the item with the limitation to the uses of a billiard parlor and a sports bar only.  Mr. Chamberlain stated he would like clarification on what he cannot do; in the past he has had live music and dancing; and that was one of the reasons for the expansion.  Commissioner Nelson stated if Mr. Chamberlain takes out all of his billiard tables it changes the use significantly.  Mr. Chamberlain stated he can commit to not taking out any billiard tables.

 

There being no further comments or objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to approve expansion of an existing CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 classification, limited to current billiard operation.  Motion carried and ordered; Commissioner Colon voted nay.  

 

 

Item VI.B.2. (Z0803202) Carl W. Loggins’ request for a Small Scale Plan Amendment to change the Future Land Use from Neighborhood Commercial to Community Commercial, and a change from GU to BU-2 on 1.718 acres, located west of Clearlake Road, north of King Street, which was recommended for approval by the Planning and Zoning Board with the stipulation that the current use continues. 

 

Commissioner Nelson stated his concern on this item is that it is currently being used; under a normal rezoning from GU to BU-2 there would be conditions; and he does not want to see Mr. Nohrr’s client to receive benefits that someone else under a circumstance of a rezoning would not have.  He stated if things are being parked on the property now a wall is not required because it does not require a site plan; there are some basic uses in BU-2 that he would have concerns with; and if the Board knew the use would be to park equipment on the property next to residential property then it would require a wall or a binding development plan.  He stated he is concerned that it is being thrown open to existing uses and how they are occurring on the site; and he would like to make the approval contingent on a site plan being provided that shows how the use is occurring.

 

Chairman Scarborough stated the Board needs to table the item in order for that to take place.

 

Phil Nohrr, Attorney, stated he can come back to the Board with a site plan that will alleviate Commissioner Nelson’s concerns.

 

There being no further comments or objections, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to table Item VI.B.2. to the May 29, 2008 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Upon motion and vote, the meeting adjourned at 5:24 p.m.

 

 

 

ATTEST:                                                                     _________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

____________________

SCOTT ELLIS, CLERK

         

          (S E A L)