Call to Order

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INTRODUTION 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. 

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INVOCATION

 

 

The invocation was given by Rabbi Richard J. Margolis, Temple Beth Shalom.     

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PLEDGE OF ALLEGIANCE

 

 

The Girl Scouts of USA led the assembly in the Pledge of Allegiance.

ITEM I.A., RESOLUTION, RE:  CONGRATULATING WEST MELBOURNE ELEMENTARY SCHOOL FOR SCIENCE

Commissioner Infantini read aloud, and the Board adopted, Resolution No. 12-037, congratulating West Melbourne Elementary School for Science for being ranked the #1 elementary school in the State of Florida for the 2010-2011 school year and expressed appreciation for the dedication to the success of Brevard County students. 

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM I.B., RESOLUTION, RE:  RECOGNIZING THE 100TH ANNIVERSARY OF THE FOUNDING OF THE GIRL SCOUTS OF THE USA AND DESIGNATING MARCH 11-17, 2012, AS “GIRL SCOUT WEEK IN BREVARD COUNTY”

Commissioner Infantini read aloud, and the Board adopted Resolution No. 12-038, designating March 11-17, 2012, as "Girl Scout Week in Brevard County", and joins Girl Scouts in Brevard County celebrating Girl Scouts for 100 years of leadership and community service to our State and our County. 

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM II.F. ANDY ANDERSON, DISTRICT 5 COMMISSIONER, REPORT

 

 

Commissioner Anderson thanked Commissioners Bolin and Fisher for the help with Boy Scouts of America Golden Eagle dinner; and stated all the money raised stays in Brevard County for their efforts.  He added, the event raised $154,000 for the Boy Scouts in Brevard County.

 

 

 

 

ITEM II.G., LETTER TO GOVERNOR SCOTT, PRESIDENT HARIDOPOLOS, AND SPEAKER CANNON

The Board authorized Chairman Nelson to send a letter to Governor Rick Scott, Florida Senate President Mike Haridopolos, and Speaker of the House of Representatives Dean Cannon, asking for the withdraw of the Medicaid cost shift in HB 5301, which would unfairly burden residents with additional costs and codify into law an ineffective and flawed Medicaid billing system. 

 

 

 

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ITEM II.G., CHUCK NELSON, DISTRICT 2 COMMISSIONER CHAIRMAN, REPORT

 

 

 

 

 

Chairman Nelson announced Don Walker will be taking over Space Coast Government Television.   

ITEM II.G., CANCELLATION OF E-TOWN HALL MEETING

The Board cancelled the E-Town Hall meeting scheduled for July 26, 2012, at 5:00 p.m.; and directed the County Manager to incorporate consideration of its replacement as part of the budget workshop schedule.

 

 

 

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PUBLIC HEARING, RE:  PLANNING AND ZONING RECOMMENDATIONS OF FEBRUARY 6, 2012

 

 

Chairman Nelson called for a public hearing to consider Planning and Zoning Board Recommendations of February 6, 2012.          

ITEM V.B.1., (11PA-00109) - THE VIERA COMPANY AND HERITAGE ISLE DISTRICT ASSOCIATION - (HASSAN KAMAL, P.E./BSE CONSULTANTS, INC.) - REQUEST A CHANGE FROM PUD TO RU-1-7, WITH BDP, ON 48.44 ACRES, +/-.  LOCATED AT THE SOUTHEAST CORNER OF JUDGE FRAN JAMIESON WAY & LEGACY BLVD. (IN THE WEST VIERA AREA)

Cynthia Fox, Planning and Zoning Manager, requested the item be tabled to the April 5, 2012, Board meeting.

 

 

 

There being no further comments, the Board tabled the request from PUD to RU-1-7, with BDP, on 48.44 acres, +/-, to the April 5, 2012 Board meeting. 

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM V.B.2., (11PZ-00114) SUR-ONE INVESTMENT INC. - (YOOSEUNG LIM) REQUEST A CUP FOR ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN CONJUNCTION WITH A RESTAURANT IN A BU-1 ZONING CLASSIFICATION ON 1.97 ACRES.  LOCATED ON THE WEST SIDE OF HWY A1A APPROX. 150 FT. SOUTH OF OCEAN OAKS DRIVE. (1500 HWY. A1A, INDIALANTIC)

There being no further comments, the Board approved as recommended the request for a CUP for Alcoholic Beverages for On-Premises Consumption in conjunction with a restaurant in a BU-1 zoning classification on 1.97 acres, located on the west side of Hwy. A1A, approximately  150 ft south of Ocean Oaks Drive.

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM V.B.3., (11PZ-00084) - TECH-VEST, LLC - (JIM MORRIS) REQUESTS A CHANGE FROM BU-1 TO BU-2 ON 1.02 ACRES.  LOCATED ON THE SOUTHEAST CORNER OF E. MERRITT AVE., & BORMAN DR. (270 BO

There being no further comments, the Board approved as recommended a change from BU-1 to BU-2 on 1.02 acres, located on the southeast corner of E. Merritt Ave., & Borman Drive.

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM V.C., RESOLUTION, RE:  DESIGNATION CERTAIN AREAS WITHIN UNINCORPORATED BREVARD COUNTY AS A BROWNFIELD AREA, 2ND HEARING

The Board adopted Resolution 12-039, designating certain areas within unincorporated Brevard County as a Brownfield Area.

 

 

 

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Upon Board consensus, the meeting adjourned at 5:30 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

ATTEST:                                                            __________________________________

                                                                           CHUCK NELSON, CHAIRMAN

                                                                           BOARD OF COUNTY COMMISSIONERS

                                                                           BREVARD COUNTY, FLORIDA

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MITCH NEEDELMAN, CLERK