MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

May 4, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 4, 2006, at 5:01 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, Assistant County Manager Ed Washburn, and Assistant County Attorney Christine Lepore.

 

 

The Invocation was given by Tomas Lares, Assistant Director for Links of Hope, Palm Bay/Melbourne, Florida, who also announced that Jasmine Colon and Amanda Redmond, daughters of Commissioner Jackie Colon and her assistant Mary Redmond, were accepted today in the National Honor Society. 

 

 

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

 

 

 

Fire Rescue Director William Farmer distributed copies of the Incident Action Plan; and advised the status, location, and history of the current fires, which have burned approximately 6,000 acres.  He stated there have been reports that they have not requested assistance; that is not true; and advised approximately 200 firefighters are working the fire, and 40 to 50 are federal or State firefighters.  He stated St. Johns River Water Management District, the Division of Forestry, and U.S. Fish and Wildlife are also fighting the fire; and commented on use of helicopters, fixed wing aircraft, and giant air tankers.  He advised of assistance from municipalities, churches, and Red Cross.  He stated S.R. 528 and S.R. 407 have been reopened; there is still fire north and south of S.R. 528 and west and north of S.R. 407; all fires appear to be moving away from structural concerns; and compared the situation to that in 1998.  He advised of muck burning and low visibility; and stated the fires will not go out until there is rain. 

 

Chair Voltz inquired if any structures have been lost; with Chief Farmer responding no, although  a hunting camp was consumed by fire. 

 

Commissioner Colon inquired about the animals.  Chief Farmer advised of rescue of a field mouse.  He stated Animal Services has done a phenomenal job as there are exotic animals in Canaveral Groves. 

 

Commissioner Pritchard commented on coordinating supplies and raising funds in the community.  He expressed appreciation to all the workers who are fighting the fire. 

 

Chair Voltz inquired what cities are helping; with Chief Farmer responding all the cities as well as Kennedy Space Center and Patrick Air Force Base are participating. 

 

Commissioner Scarborough stated in 1998 there was concern about the fires; but this time they feel good about how the Fire Department is in control.  He suggested sharing the County’s experience throughout the State. 

 

Chief Farmer commented on lessons learned. 

 

Commissioner Carlson commented on Volunteer Brevard, which is serving meals to firefighters; stated the Red Cross has a need for volunteers to serve and help prepare food; and advised of contact persons, phone numbers, and location of the assistance. 

 

 

 

Commissioner Pritchard expressed appreciation to Legislative Coordinator Leigh Holt for her work during the legislative session. 

 

 

 

Commissioner Pritchard stated they do not know if there is a zoning change unless it is posted or someone calls; every time the regular Board Agenda is changed, it is flagged; and suggested seeing how Sally Lewis does it. 

 

 

 

Commissioner Pritchard stated Vera Britton Pettis’ mother passed away; and read a resolution aloud expressing sympathy to the family of Florminto Jean Britton.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolution expressing sympathy to the family of Florminto Jean Britton.  Motion carried and ordered unanimously.  

 

Commissioner Pritchard presented the Resolution to Ms. Pettis, who expressed appreciation to the Board. 

 

 

 

Joe Christ advised of the activities of Space Coast Pops, Inc., history of the group, and upcoming events.  He expressed appreciation to the Board for its continuing support of the arts.

 

 

 

Commissioner Carlson read aloud a letter from Principal Rob Fish of Johnson Middle School concerning the Croton Road Widening Project commending the employees and companies involved with project. 

 

 

Commissioner Carlson expressed appreciation to Sheriff Jack Parker for following through on his word to not increase the budget and absorb costs for staffing Tents 2 and 3 in the Jail Expansion Project by reclassifying civilian corrections and booking technician positions. 

 

 

REPORT, RE:  LEGISLATIVE SESSION  (CONTINUED)

 

Commissioner Carlson stated Legislative Coordinator Leigh Holt advised what made her job easier was the software they were able to obtain; and Ms. Holt works diligently to keep the Board updated on what is going on in Tallahassee. 

 

 

 

Commissioner Colon stated there were almost 1,000 attendees at the Life Choices event at Calvary Chapel in West Melbourne; and commented on opening lines of communication between law enforcement, the schools, and teachers.  She expressed to the Board and the City of Palm Bay for their support and to those individuals who participated.  She commented on shootings in schools; and encouraged parents to keep a close eye on the young people.   

 

 

Chair Voltz stated there has been some concern about bird flu; and advised the County has a plan so everyone will be safe. 

 

 

 

Chair Voltz advised of a link on her website where individuals can find gas prices anywhere in the County. 

 

 

 

Chair Voltz stated the County may want to think about staggering work times for non-critical administrative personnel in Viera to reduce traffic on Wickham Road; and requested staff look into that.

 

 

 

Chair Voltz expressed appreciation to Mary Lawrence of Licensing and Registration for her assistance to a resident of Snug Harbor who was ripped off by an employee of a contractor; Ms. Lawrence, working with District 3 staff, got the money back; and she will be personally delivering it to the resident tomorrow.

 

 

 

Chair Voltz advised of dust problems in Barefoot Bay and Snug Harbor, meeting with residents, complaints about health problem, and evidence of trucks running along the fence line.  She advised of actions taken in the past; and commented on the developer removing trees, dust in the air, and five-year buildout.  She requested staff draft an ordinance to deal with blowing dust; and commented on things developers could use to control the dust. 

 

Commissioner Carlson advised of similar problems in the Viera area and the current requirements to deal with the problem. 

 

Discussion ensued on watering trucks not being used, violations, and having developer pay for County personnel to be onsite  to insure compliance with watering requirements.

 

Assistant County Manager Ed Washburn advised he will look into it. 

 

 

 

Chair Voltz stated Ed Bradford is putting together an ordinance for historical sites in the County; and advised of issues with Indian mounds in South Brevard.  She inquired what can the Board do; and requested Mr. Washburn look into the issue to see what is going on.

 

 

 

Commissioner Pritchard donned his vest; explained why he is known as “Snake Doctor”; and advised he is a member of A.B.A.T.E. (American Bikers Aiming Toward Education)   He read aloud a resolution proclaiming Motorcycle Safety and Awareness Month.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming May 2006 as Motorcycle Safety and Awareness Month.  Motion carried and ordered unanimously.  

 

 

Commissioner Pritchard presented the Resolution to members of A.B.A.T.E., who commented on signage, statistics relating to motorcycles, history of A.B.A.T.E., safety awareness, and fundraisers.

 

 

 

Zoning Manager Rick Enos advised Item VI.A.2 has been requested to be tabled to August 3, 2006; and VI.A.3 is requested to be tabled to August 3, 2006.

 

Commissioner Scarborough inquired if anyone is present who has a problem with the items being tabled; with no response heard. 

 

Mr. Enos stated VI.B.5 has been recommended by the P&Z Board to be tabled to May 24, 2006; VI.B.8, VI.B.9, and VI.B.10 have been recommended to be tabled to August 3, 2006; and VI.B.13 was withdrawn. 

 

Commissioner Scarborough stated Mr. Enos previously advised Item VI.A.1 may be tabled; with Chair Voltz responding the Board will have to do that separately.  Commissioner Pritchard advised the applicant wishes to speak.

 

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

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI.A.2 to the August 3, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

Item VI. A. 3.  (Z0511307)  Irving & 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, north of Sea Dunes Drive, which was recommended for denial by the Planning and Zoning Board. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI.A.3 to the August 3, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

Item VI.B.5. (Z0604101)  Diane Teague’s request for change from RR-1 to RP on 2.98 acres, located south of intersection of Windover Way and Columbia Boulevard, which was recommended by the Planning and Zoning Board to be tabled to the May 8, 2006 Planning and Zoning Board meeting and the May 24, 2006 Board of County Commissioners meeting. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI.B.5 to the May 24, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Item VI.B.8. (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, east of U.S. 1, which was recommended by the Planning and Zoning Board to be tabled to the June 5, 2006 Planning and Zoning Board meeting and the August 3, 2006 Board of County Commissioners meeting. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI.B.8 to the August 3, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

Item VI.B.9.  (Z0604105)  Warm Wind Homes, LLC.’s request for change from AU to SR on 15 acres, located on the west side of Hammock Road, north of Wiley Avenue, which was recommended by the Planning and Zoning Board to be tabled to the June 5, 2006 Planning and Zoning Board meeting and the August 3, 2006 Board of County Commissioners meeting. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI.B.9 to the August 3, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

Item VI.B.10.  (Z0604106)  Sunlake, LLC.’s request for change from GU to SR on 19.048 +/- acres, located on the northwest corner of Parrish Road and North Singleton Avenue, which was recommended by the Planning and Zoning Board to be tabled to the July 10, 2006 Planning and Zoning Board meeting and the August 3, 2006 Board of County Commissioners meeting.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI.B.10 to the August 3, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

Item VI.B.13.  (Z0601108)  Richard M. And Valeria D. Pitoni’s request for change from AU to RU-2-15 on 4.3 acres located on the south side of Diary Road, west of Old Dixie Highway, which was withdrawn by the applicant. 

 

 

 

Chair Voltz called for the public hearing to consider recommendations of the Planning and Zoning Board, Port St. John Dependent Special District Board, and North Merritt Island Dependent Special District Board made at their September 15, 2005, November 7, 2005, February 6, 2006, February 8, 2006, March 6, 2006, March 8, 2006, and March 20, 2006 meetings, as follows:   

Item VI.A.6.  (PSJ60301)  Coastal Properties, Inc. and Coastal Properties’ request for amendment to an existing Binding Development Plan in an RU-1-11 zone on 50.64 acres, located west of the western terminus of Clear View Drive, which was recommended by the Port St. John Dependent Special District Board for approval of amendments regarding aquifer recharge and connection to Clearview Drive; and added provision to state that there will be no additional access to Vineland Street, and with amendments regarding transfer of units and change to disposition of remainder of Lot 12 withdrawn by applicant. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Item VI.A.6 with amended Binding Development Plan regarding aquifer recharge and connection to
Clearview Drive, and adding provision to state that there will be no additional access to Vineland Street, as recommended.  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider recommendations of the Planning and Zoning Board made at its meeting of March 6, 2006, as follows: 

 

Item VI.B.3.  (Z0604501)  Wallace A. Smith And Fred Matthew Kendall’s request for change from GU to RU-1-11 on .55 acre, located on the south side of Evinrude Road, west of Jones Road, which was recommended for approval by the Planning and Zoning Board as SR. 

 

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

 

 

Item VI.B.6. (Z0604102)  Daniel K. And Lynn K. Foss’ request for change from GU to AU on 1.08 acres, located on the south side of Areca Palm Street, east of Pine Street, which was recommended for approval by the Planning and Zoning Board. 

 

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

 

 

Item VI.B.7. (Z0604103)  Daniel K. And Lynn K. Foss’ request for change from GU to AU on 1.08 acres, located on the south side of Areca Palm Street, east of Pine Street, which was recommended for approval by the Planning and Zoning Board. 

 

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

 

 

Item VI.B.11.  (PSJ60401)  Rick A. & Kim R. Mccrary’s request for change from AU to RU-1-9 on 2.60 acres, located on the northeast corner of Fay Boulevard and Alderwood Avenue, which was recommended by the Port St. John Dependent Special District Board for approval of RU-1-11. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Item VI.B.11 as RU-1-11 as recommended by the Port St. John Dependent Special District Board.  Motion carried and ordered unanimously. 

Item VI.B.12. (Z0604107)  Brevard County Board Of County Commissioners’ request for Small Scale Plan Amendment (06S.11) to change the Future Land Use designation from Residential 1:2.5 to Public Facilities; and change from GU to GML(H) with a Conditional Use Permit for a Solid Waste Management Facility on 9.97 acres +/-, located west of Adamson Road and north of S.R. 524, which was recommended for approval by the LPA and Planning and Zoning Board. 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Item VI.B.12 as recommended by the Planning and Zoning Board and the LPA, and adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Eleventh Small Scale Plan Amendment of 2006, 06s.11, 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.  

 

 

 

William Huminski expressed concern about delay in processing CRG studies involving small area plan amendments; and commented on recent staff resignations, appointment of CRG members, tracking system, development contrary to the wishes of the people, and running the County like a business. 

 

 

PUBLIC HEARING, RE:  TABLED ITEMS  (CONTINUED)

 

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 North Tropical Trail and Church Road, which was recommended for denial by the North Merritt Island Dependent Special District Board. 

 

Attorney John Evans stated the applicant will consent to a motion to table the item. 

 

William Huminski, Shaye Williams, Celia Williams, and Darleen Hunt expressed no opposition to tabling the item.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to table Item VI.A.1 to the August 3, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

Item VI. A. 4.  (Z0603301)  Joseph Tintera’s request for Small Scale Plan Amendment (O6S.7) to change the Future Land Use designation from Neighborhood Commercial to Community Commercial; and change from GU to BU-2 on 3.02 acres, located on the west side of US 1, south of Micco Road, which was recommended for approval by the LPA and for approval as BU-1 by the Planning and Zoning Board.

 

Joseph Tintera stated he inherited three acres in Micco from his parents, which has a gas station on it that has been there since after World War I; it was damaged during the hurricanes; and he hired a contractor to do repairs.  He advised of the contractor’s inability to get a building permit because the property was zoned GU-1, efforts to prove the business was in existence before 1972, and Assistant County Manager Ed Washburn’s help in finding records in the archives.  He stated he got a petition saying his family had been on the property since before 1950; he had leases showing the property had been a gas station since before that period; and after submitting everything he got an email from the Zoning Department advising he could rebuild.  He commented on efforts to get a building permit, dealing with the Zoning Department, and approval to rebuild.  He stated the Building Department said it could not find the paperwork; and the contractor was asked to resubmit the paperwork; and after talking to his County Commissioner the matter was settled, so the repairs started.  He commented on the lessee getting out of the lease due to how long it took to do the repairs; three businesses in the building prior to the hurricanes; and County Attorney’s recommendation that as long as he had a valid building permit, he could put the same activity in.  He explained the need to change the zoning to accommodate lessees; and advised of surrounding zonings and request for BU-2 zoning.  He advised of the action of the Planning and Zoning Board, objections of the neighbors, meetings with neighbors, agreement to not put in certain activities, grandfathering what was there originally, and terms of the binding site agreement.       

 

 Chair Voltz stated there was a meeting in her office with Mr. Tintera and the neighbors; they went through the list of BU-1 activities and crossed off those things on which there was agreement; but the issue is twofold.  She inquired if Mr. Tintera can go back to having a gas station in BU-1; with Zoning Manager Rick Enos responding he cannot under nonconforming use unless he lets that expire; he does not know how long the building has been empty; and if the list excludes gas stations, he would not be able to replace it, but if it does not list gas stations, he would be allowed to have that.  Chair Voltz inquired if gas stations are allowed in BU-1; with Mr. Enos responding yes, it can be put in a binding development plan.  Chair Voltz inquired about permitted uses with conditions; and stated she will leave the list up to the neighbors who will be speaking.  Commissioner Carlson inquired about a convenience store.  Chair Voltz advised there is a list of things the neighbors do not want. 

 

Discussion ensued on the list, presence of auto body work recently, desirable businesses on U.S. 1, and not wanting to exclude gas stations.

 

Chair Voltz inquired if they can do this with a binding development plan so if Mr. Tintera wants a gasoline service station, he could come back for Board approval.  Mr. Enos advised if the use is excluded in this approval, it would leave gas service stations on the list of exclusions; and in the future, he could ask to amend the list.  Chair Voltz stated they will leave it on the list of exclusions for now; and if it turns out to be the only option, Mr. Tintera can come back to the
Board.  Chair Voltz continued to read aloud the list of exclusions; and stated the Board will
agree to permitted uses with conditions for automobile, cabinetmaking, and gas station if Mr. Tintera comes back for those things.  Mr. Tintera inquired about sale of propane.    

 

Walter Straub advised he has no problem with the rezoning. 

 

Gene Parets advised he has no objection to the proposed furniture store or bait and tackle shop; and commented on the propane tank being a possible safety hazard and eyesore.

 

Mr. Enos advised if the propane tank has been there as long as the gas station was, it is a nonconforming use; and it can stay.

 

Chair Voltz suggested putting shrubs around the propane tank or caging it. 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to approve Item VI.A.4 as BU-1 with a binding development plan limiting uses and adopted an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Seventh Small Scale Plan Amendment of 2006, 06S.7, 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. A. 5.  (Z0603401)  Brevard County Board Of County Commissioners, pursuant to Policy 15.3 of the Future Land Use Element of the Brevard County Comprehensive Plan authorized administrative rezoning of 9.68 acres owned by Bobby Abraham and Faiaz M. Rasul, Etal; Shakti D. and Gabi Bakshi; Bobby Ray and Linda Carol Varker; Ross and Diahn Clark; and Jo Ann C. Eubank, and located on east side of U.S. 1, north of Viera Boulevard, from RU-2-10(8) with BCP to SR and removal of BCP, which was recommended for approval by the Planning and Zoning Board. 

 

Commissioner Carlson stated she postponed part of this; the request was for SR zoning over a parcel; the Board had concern about a conservation area; and the Board agreed to zone the parcels off the cul-de-sac as SR.  She stated the original plat for the five parcels states that the piece in question was depicted on the plat as being perpetual preservation area which is supposed to be maintained by the homeowners association; and expressed concern that the tract has not been given to the homeowners association yet.  She stated Dr. Niazi wanted to put some zoning on that and draw some development rights onto his U.S. 1 RU-2-4 property; and inquired how many units he can put there.  Mr. Enos advised approximately ten units.  Commissioner Carlson stated Dr. Niazi can come back and choose to rezone the conservation piece, but based on the plat and whatever was in the agreement with the homeowners association, it should go to the homeowners association, and not be used for development rights somewhere else or be rezoned.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.A.5 as recommended with exception of Tract C, which was rezoned to EA. 

 

 

Commissioner Colon inquired if Dr. Niazi was contacted; with Mr. Enos responding Dr. Niazi understands the process from this point forward. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously.   

 

 

Item VI. A. 7.  (SPE60301)  Carl W. Loggins’ request for change from AU to RU-2-8 with a Binding Development Plan limiting development to seven units per acre on 20.17 acres, located north of Pluckebaum Road, west of Range Road, which was recommended for denial by the Planning and Zoning Board.  

 

Commissioner Carlson expressed concern about affordable housing; and advised she suggested Mr. Rubbo go to the Cities of Rockledge and Cocoa, and if it is compatible and meets the requirements in a binding development plan to be affordable housing, there could be some consideration of what he wanted to do.  She stated Mr. Rubbo got endorsements from the cities saying they could work with what he wanted in terms of density; and also has a letter from the Workforce Development Group that has been working on solutions for affordable housing. 

 

Theodore Rubbo stated in the binding development plan, they are agreeing to RU-2-8 with a cap of seven; and they will be providing workforce housing as designed by the Workforce Housing Task Force, with pricing geared toward solutions for moderate income workers whose households collectively earn between 53 and 150% of the area’s median income.  He stated they are agreeing to stay within the realm of that formula.

 

Commissioner Pritchard stated this is a good project in a good location; and they need workforce housing.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Item VI.A.7 with Binding Development Plan. 

 

 

Commissioner Scarborough stated he will be voting against the motion; the Board has not gotten a report or developed a policy of what workforce housing is; and today the recommendation is based on affordable housing.  He commented on implementing a policy, dealing with one item at a time, school impact fee implementation; stated this is not the way to go; and his worst fears are expressed in the letters from the Workforce Development Board and Leadership Brevard.

 

Commissioner Colon inquired about the best way to create an ordinance with a standard for an average home. 

 

Discussion ensued on handling things item by item, how laws evolve, developing policy through individual zoning decisions not being the best way to proceed, encouraging affordable housing, timeframe, lack of guidelines, average sales price of $180,000, binding development plan, profit margin, and compatibility. 

 

Mr. Rubbo described the proposed development of single-family attached town homes. 

 

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

 

 

Discussion resumed on the median price of homes, affordability, and average household income. 

 

 

Item VI.B.1.  (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, south of Valkaria Road, which was recommended for approval by the Planning and Zoning Board. 

 

Attorney Cliff Repperger, representing the applicant, submitted copies of a map; and described the requested rezoning, the property location, and current status of the property.  He advised the applicant desires to subdivide the property into a number of lots for residential use; a conceptual site plan was presented at the Planning and zoning meeting, but modifications are being made; and they are proposing eight one-acre lots.  He described the surrounding zoning; commented on compatibility; and advised of drainage concerns.  He stated actions of the County will result in improved drainage through replacement of the culvert across Goat Creek; they intend to clear some of the culverts around the project to help with improved drainage; and either the applicant or the County will be clearing other drainage culverts.  He stated the applicant has agreed to certain conditions; they will increase the setbacks along Bobbi Lane from ten feet to 25 feet; they are also proposing a perimeter drainage around the north, east and south sides of the property on the back ends of the lots; and they also propose two pond areas to the west of the property, buffering the AU to the immediate west.  He advised they will also include a vegetated buffer along Bobbi Lane; they plan to extend Bobbi Lane southward; and they will use that as access to the project.  He stated the applicant is proposing to vacate the rest of Bobbi Lane to the south, assuming the neighbors would want that.  He advised the applicant and project engineer are present.   

 

James McGee submitted pictures; advised of the location of his property, construction of Bear Creek, capacity of the main ditch on Valkaria Road, and issue of Goat Creek.

 

Chair Voltz advised the Board authorized replacement of the Goat Creek Bridge. 

 

Mr. McGee commented on the culvert that exits Bobbi Lane into the Valkaria ditch is low enough that when the ditch fills up, it backflows up Bobbi Lane. 

 

Dr. Paul Brown presented a petition signed by the 25 closest property owners to the subject property.  He expressed concern about incompatibility, drainage, flooding, and level of the ditch.  He requested the Board reject the rezoning request. 

 

Del Yonts commented on compatibility, consistency, and property sizes.  He advised the average lot size is 2.7 acres per unit, which is not consistent with one-acre lots; the only thing it is consistent with is Bear Creek, which is the inconsistency with all of Valkaria; and commented on current zoning and incorporation of Valkaria.  He suggested in the future a meeting be set up

for the residents of Grant and Valkaria when a rezoning is requests; and requested the item before the Board be denied. 

 

Fran Putnam requested the rezoning be denied; and commented on compatibility.  She stated before the Board considers approving this, it should set up a meeting between the developer and the residents. 

 

Lisette Kolar stated the current request would double the density of Valkaria; and it eventually will redefine the area and add to the already inadequate infrastructure.  She commented on the Future Land Use Map, Bear Creek being an anomaly, lot sizes, and other development in the area.  She requested the Board deny the request. 

 

Attorney Repperger stated there is significant RR-1 in the area aside from Bear Creek; Bear Creek completely envelops the property in question to the south and east; and to say that it is not relevant is not appropriate.  He stated RR-1 is present to the north; there is also RR-1 to the east farther than Bear Creek; and it would be a mistake for the Board to say that Bear Creek is an anomaly.  He stated RR-1 is a low intensive residential use; and it is not out of character with AU.  He stated they are contemplating eight lots, but they do not know how many lots will be put on the property; and the number of lots will depend on drainage and other site plan concerns.  He commented on the road, lot sizes, compatibility, no wetlands on the property, and drainage. 

 

Matt Soyka, Project Engineer, stated they cannot fix the backflow problem from Valkaria; the Board took the correct action at the last meeting to address that issue; but nothing they are going to do in developing the subdivision will hurt that because the area is of critical concern for the 25-year storm event, so they cannot exceed peak rate and total discharge.  He stated Mr. McGee has some grading issues in his yard; they met with him; and they have promised they will meet to do surveying and drainage improvements on his yard so his drainage will flow out to Valkaria Creek.  He commented on Bear Creek drainage; and advised they will take whatever action is necessary.

 

Commissioner Scarborough stated this has moved beyond response to putting new testimony before the Board; that will compel the Board to reopen the public hearing; and in the future expert testimony should go before the public comment. 

 

Chair Voltz suggested the item be tabled so the applicant can work with the community to see what is amenable to everyone.  Attorney Repperger advised he has no problem with that.  Chair Voltz stated she does not have a binding development plan; and recommended the assurances be included in the binding development plan.  Attorney Repperger advised the neighbors had not heard the testimony of Mr. Soyka before tonight; but he was not trying to present testimony after the fact. 

 

Discussion ensued on reopening the public hearing and respecting the process.

 

Commissioner Colon stated the only thing that is acceptable is what would be compatible with the neighborhood; and she will not be supporting anything that is not compatible. 

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to deny Item VI.B.1.

 

 

Commissioner Pritchard stated there is significant RR-1 all over the area, even on Corey Road where some had signed the petitions; and commented on addresses that are not on the neighborhood map, but the individuals signed the petition.  He advised of zoning surrounding the subject property; stated the area is in flux because there is some AU; and he does not think denial is appropriate. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Voltz, to table Item VI.B.1 to the August 3, 2006 Board of County Commissioners meeting. 

 

 

Chair Voltz stated this is what the neighbors asked for; it does not mean the Board will eventually approve the item; but the applicant needs to address the issues with the neighbors. 

 

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

 

 

Item VI.B.2.  (Z0604302)  Brevard County Board Of County Commissioners, on its own motion, pursuant to Policy 15.1 of the Future Land Use Element of the Brevard County Comprehensive Plan and Chapter 62, Article VI, Brevard County Code Section 62-1152, authorized administrative rezoning on property owned by LKC Corporation; Indian River No. 1 Developers, LLC; Indian River No. 2 Developers, LLC, from PUD to PUD with prior PDP, on 20.07 acres, more or less, located on both sides of Highway A1A, and north and south of Aquarina Boulevard, also containing property located along the river’s edge, which was recommended by the Planning and Zoning Board for approval of Option Three of the Staff Comments and for the Board  to hold all approvals of projects until a new PDP is agreed upon. 

 

Assistant County Attorney Christine Lepore stated this was initiated as an administrative rezoning; the parties involved have reached an agreement on a Second Addendum to the PDP; and that was the recommendation of the Planning and Zoning Board.  She stated Aquarina and the Homeowners Association have resolved all issues regarding the construction of the racquet  club and beach club.  She stated there is a Second Addendum and an Escrow Agreement for the County to be a party to; and it will be necessary to reflect acceptance of the letters of credit that the developer provided.

 

Van Patterson, representing the Aquarina Residents Association, stated the approval of the letters of credit are subject to revised and corrected letters being submitted within the agreed upon time period.  Attorney Lepore advised that is included in the Second Addendum. 

 

Attorney Mason Williams, representing the applicant, stated the representations that Attorney Lepore made are correct. 

 

Chair Voltz inquired if that includes payment of attorneys’ fees; with Attorney Williams responding that was agreed upon. 

 

Commissioner Scarborough stated if the Board was doing a binding development plan, it would come back to the Board; and recommended the agreement come back to the Board. 

 

Mr. Patterson inquired if that would affect the time period in the agreement; with Chair Voltz responding it would not.  Commissioner Scarborough stated the actual agreement will be finalized before the Board.  Attorney Williams stated the important thing is they want some timetables to start; with Attorney Lepore responding that is not a problem, and it can be brought back on May 16, 2006.  Mr. Patterson inquired if they can view the approval at the upcoming Board meeting as a ratification; with Commissioner Scarborough responding yes, it is making sure that there are no inconsistencies and all subjects are covered, and they will not be redoing the agreement. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve Second Addendum to PDP and Waiver for Oceanfront Construction for Item VI.B.2.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve Construction Escrow Agreement and accept Letters of Credit for Item VI.B.2.  Motion carried and ordered unanimously. 

Item VI.B.4. (Z0604502)  Daniel J. Wilder’s request for change from BU-1 with a BDP to BU-2 and removal of BDP on 0.73 acre, located on the southeast corner of West New Haven Avenue and City Acres Road, which was recommended by the Planning and Zoning Board for approval with a Binding Development Plan limited to cargo trailer sales and all BU-1 uses. 

Commissioner Scarborough expressed concern about the sales in this location. 

 

Discussion ensued on requested zoning.

 

Zoning Manager Rick Enos advised the recommendation is for approval of BU-2, but the only BU-2 use being approved was cargo trailer sales and all other BU-1 uses. 

 

Commissioner Pritchard stated if this is approved, then BU-2 will be listed, which is a concern; but the Board could approve this as BU-1 and allow cargo trailer sales because it will still be working on BU-1.  Commissioner Scarborough noted that is for mini-warehouses.  Commissioner Pritchard stated the Board could still do it with this.  Mr. Enos advised if would take a Code Amendment to add this use to BU-1.  Commissioner Pritchard inquired if the vote is unanimous, will there be a problem with the map showing BU-2; with Mr. Enos advising once BU-2 is placed on the map, it will be difficult to limit it because the Comprehensive Plan will recognize BU-2 and encourage BU-2 uses to locate where there is other BU-2.  Commissioner Pritchard inquired when the Planning and Zoning Board heard this, did it hear all of the evidence and testimony; with Mr. Enos responding they would have had to access the staff review, which contains the same concern, and he does not know if there was verbal discussion on it. 

 

Chair Voltz stated all the way up New Haven Avenue is commercial and storage; that is an appropriate place for it; and inquired if Commissioner Colon supports it; with Commissioner Colon responding yes. 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to approve Item VI.B.4 with a Binding Development plan limited to cargo trailer sales and all BU-1 uses as recommended by the Planning and Zoning Board.  Motion carried and ordered; Commissioners Scarborough and Carlson voted nay.   

 

Item VI.B.14.  (NMI60301)  United Access, Inc.’s request for change from AU to RR-1 on 3.878 acres, more or less, located on the south side of Hall Road, east of Savannahs Trail, which was recommended by the North Merritt Island Dependent Special District Board for approval with submitted Binding Development Plan, as amended, to remove the requirement that any changes to the BDP must be agreed to in writing by the Savannahs Homeowners Association Board of Directors and a 75% majority of the current owners of specific listed property.

 

John Campbell, representing the applicant, described the property and the rezoning request; stated they have met with the North Merritt island Homeowners Association, a group from the Savannahs, and with Commissioner Pritchard, as well as meeting with people at the site.  He stated they have worked on a binding development plan with a committee from the Savannahs, which the applicant has agreed to; and advised of a correction on page 2, Item 9(b), changing “City of Cocoa sewer line” to “Brevard County sewer service line.”

 

William Huminski and Mary Hillberg, representing the North Merritt Island Homeowners Association, recommended approval of the item with the Binding Development Plan with the correction Mr. Campbell mentioned. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve with BDP with correction to 9(b) and amended to remove the requirement that any changes to the BDP must be agreed to in writing by the Savannahs Homeowners Association Board of Directors and a 75% majority of the current owners of the specific listed properties.  Motion carried and ordered unanimously.  

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Chapter 62, Sections 62-1102 and 1572, to add non-governmental organizations to the GML zoning classification.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard
County, Florida; amending Section 62-1102, to add a definition of “non-governmental organization”; amending Section 62-1572, to add  “non-governmental organization” as a permitted use in the GML zoning classification; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances.  Motion carried and ordered unanimously.   

 

 

PUBLIC HEARING, RE:  ORDINANCE AMENDING CHAPTER 62, SECTIONS 62-1102,
     62-1837.5, AND 62-1482, TO ADD SELF STORAGE MINI-WAREHOUSES TO BU-1
     ZONING CLASSIFICATION                                                                                                                                            

Chair Voltz called for the public hearing to consider an ordinance amending Chapter 62, Sections 62-1102, 62-1837.5, and 62-1482, to add self storage mini-warehouses to the BU-1 zoning classification. 

 

Jan Black expressed concern about putting mini-warehouses all over the County in BU-1 zoning; stated it is one size fits all, but the County is very diverse; and commented on U.S. 1 in Micco.  She commented on the example of Mr. Straub and Mr. Parets and not wanting to live next to mini-warehouses; advised moving from BU-2 to BU-1 being a big step; and suggested mini-warehouses be allowed in BU-1 as a conditional use or at least as a conditional use on the scenic highway.  She stated many parts of U.S. 1 are commercial; but she does not want the river view with warehouses on the other side.

 

Commissioner Scarborough stated people are going to think the Board  is trying to allow storage in BU-1; that is incorrect; and what the Board was doing was rezoning things BU-2, and limiting to mini-warehouses.  He stated Mr. Enos explained the problem earlier about one BU-2 leading to additional BU-2; and that is how the Board got to this point.  He noted he does not have too many people complaining about mini-warehouses; commented on activities in BU-1; and suggested more intense uses in BU-2 and less intense uses in BU-1. 

 

Chair Voltz stated the Board just allowed Mr. Tintera to have BU-1, but eliminated a lot of things; mini-warehouses was in the ordinance at the time; and inquired how will the Board address that to make sure Mr. Tintera does not put mini-warehouses on his property.  Zoning Manager Rick Enos advised it was not included because it was not a permitted use yet; and if it is the Board’s intent to not include that, it would amend the BDP when it comes back to reflect that intent.  Chair Voltz stated that is her intent. 

 

Ms. Black stated that is a perfect example; and there may be other conditional uses they do not know about.  She inquired what is the harm in putting it in BU-1 as a conditional use.  Chair Voltz stated that is what the Board has been doing all along.  Ms. Black advised it has been in BU-1; and this is moving to BU-1.   

 

Lisette Kolar stated the Ordinance prohibits mini-warehouses on SR 520 in Merritt Island.  Commissioner Pritchard advised there are mini-warehouses on SR 520.  Mr. Enos advised the

Ordinance prohibits them in BU-2 along the frontage of the Merritt Island Redevelopment Agency area.  Commissioner Pritchard stated the storage units that are there are set back from the road and there is a retention pond in front of it, but they are visible from SR 520.  Ms. Kolar stated the portion of U.S. 1 in Micco is a scenic highway; the area needs to be preserved; and mini-warehouses are not compatible with the residences on the Lagoon.  She recommended mini-warehouses be prohibited in that area. 

 

Chair Voltz stated this is the second reading of the ordinance.  Commissioner Scarborough stated the ordinance could be tweaked to handle some of these concerns; and suggested everyone get their ideas to Mr. Enos and the issue can come back.  Chair Voltz stated the Board has approved many mini-warehouses for BU-2, knowing they will go back into BU-1.  Commissioner Scarborough stated every BU-1 zoned property can immediately look to putting in mini-warehouses; the speakers’ point is whether some things can be done, understanding that BU-1 is historically less intense than BU-2; and there could be more measure of how it looks and feels to answer some of these questions. Chair Voltz inquired if part of U.S. 1 can be eliminated because it is a scenic highway. 

 

Discussion ensued on the scenic highway issue. 

 

Attorney Lepore stated prior to the Billboard Ordinance, billboards were prohibited on scenic highways; and that might be possible for this.  Mr. Enos stated if a scenic highway is already defined, that could be done tonight.  Commissioner Scarborough suggested bringing the item back on May 24, 2006 as there may be other issues. 

 

Commissioner Pritchard stated the Grant area is unique; but north of that, it is not so scenic.  Commissioner Carlson stated that does not mean the Board cannot try to make it more scenic.  Commissioner Pritchard stated the ordinance is intended to permit storage mini-warehouses in BU-1 with conditions that will require them to be designed and operated to maintain a retail look and be consistent with the BU-1 neighborhood; many of the units are very attractive; and commented on the old Scotty’s building in Cocoa.  He stated if the Board tries to make one size fit all, it will have a problem; and he will support bringing it back because unique areas should be addressed.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to continue the public hearing to consider an ordinance amending Chapter 62, Sections 62-1102, 62-1837.5, and 62-1482, to add self storage mini-warehouses to the BU-1 zoning classification.  Motion carried and ordered unanimously.   

 

 

 

Upon motion and vote, the meeting adjourned at 8:03 p.m.

 

 

 

 

 

 

                                                                        _____________________________________

ATTEST:                                                         HELEN VOLTZ, CHAIR

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

 

______________________

SCOTT ELLIS, CLERK

 

  (S E A L)