March 4, 2004

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 4, 2004, at 6:19 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Nancy Higgs, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, Assistant County Manager Peggy Busacca, and Assistant County Attorney Eden Bentley.

The Invocation was given by Father Bill Zamborsky, Holy Spirit Catholic Church, Mims, Florida

Chair Nancy Higgs led the assembly in the Pledge of Allegiance.

PUBLIC HEARING, RE: TABLED ITEMS FROM THE OCTOBER 17, 2002 PLANNING AND
ZONING MEETING
Chair Higgs called for the public hearing to consider tabled items from the October 17, 2002 Planning and Zoning Agenda, as follows:

Chair Higgs advised the audience of the procedure for addressing the Board.

Item IV.A.1. (Z0210501) William P. Turnbaugh, Trustee’s request for a change from AU to RR-1 on 81.09 acres, located on the east side of Simon Road, south of Milwaukee Avenue, which was recommended for approval by the Planning and Zoning Board.

William Turnbaugh stated he wants a change from AU to RR-1, and is willing to provide a Binding Development Plan to aid in the density of the schools.

Commissioner Carlson inquired if this item needs a Binding Development Plan; with Zoning Official Rick Enos responding a Binding Development Plan was submitted, and it should be in the Board’s package. Mr. Enos advised it offered $2,800 per residential lot for new school capacity and limited the number of lots to 70 on the 81-acre parcel. Chair Higgs advised when the Board did a Binding Development Plan that had the contribution from the developer regarding schools, it had a minimum of $2,800 contribution, but said if the Board did adopt a fee it would be changed. She stated with the report there was an elaborate and precise financial statement of what the developer intended; and inquired if staff has received anything like that from Mr. Turnbaugh; with Mr. Enos responding there is no financial analysis, and the agreement does include the change to whatever the impact fee is when it is adopted. Chair Higgs stated when the Board adopted a Binding Development Plan on a previous parcel and made some decision regarding contribution, it had specific plans and information. She stated she is willing for the applicant to have the opportunity to do that. Commissioner Scarborough suggested the Board table the item until Chair Higgs’ concerns can be addressed in the Binding Development Plan. Commissioner Colon stated the Board needs to stay consistent.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to table Item IV.A.1 to the April 15, 2004 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item IV.A.2. (Z0401106) EstherTeitelbaum, Trustee’s request for a change from AU and BU-1 to EU-2 on 10.69 acres, located on the east side of US 1, south of Canaveral Groves Boulevard, which was recommended by the Planning and Zoning Board to be approved with a Binding Development Plan limiting development to 20 residential lots, 2,000 square-foot minimum house size for lots fronting on North Indian River Drive.

This item was withdrawn by the applicant.

Clay Henderson stated he is from Holland and Knight in Orlando; he represents Esther Teitelbaum who is owner of the property; she is an elderly lady in South Florida who owned this property for a number of years; and she had it under contract. He advised the contract purchaser brought forward the application; the contract blew up; so the applicant withdrew the application. He advised he is prejudiced because they have to wait six months to be able to refile; he is seeking a waiver of the Board’s requirement; the new proposal will take into consideration the recommendations of the Planning and Zoning Board; and at Ms. Teitelbaum’s age, six months is a long time.

Commissioner Scarborough inquired if there are many neighbors involved in this item; with Zoning Official Rick Enos responding there were some concerns from neighbors.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to waive the six-month requirement for property owner to reapply. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RECOMMENDATIONS OF THE PLANNING AND ZONING BOARD
OF FEBRUARY 9, 2004

Chair Higgs called for the public hearing to consider recommendations of the Planning and Zoning Board of February 9, 2004, as follows:

Item IV.B.1. (Z0402101) Steven C. March’s request for a change from GU to AU ton 4.9 acres, located on the west side of Singleton Avenue, north of Parrish Road, which was recommended by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item IV.B.1 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item IV.B.2. (Z0402102) Groves Industrial Park J.V., Inc.’s request for CUP for a Truss Manufacturing Plan in an IU zone on 34.65 acres, located on the north side of Canaveral Groves Boulevard, east of Morris Avenue, on the south side of Fox Place, and west of the F.E.C.R.R., which was recommended by the Planning and Zoning Board to be approved only for outside storage of trusses, truss manufacturing to occur inside a completely enclosed structure, and with the following conditions: applicant to provide for a 50-foot perimeter buffer, a covered school bus stop, and guarantee to hire a minimum 30% minorities for new job positions.

Commissioner Scarborough advised the Board is looking at another item simultaneously with IV.B.2; and that is a closing or vacating of a right-of-way of Devoe Avenue, which is shown as IV.F on the Agenda. He stated it would be in everyone’s interest that the items be heard together; motions will be made separately; but the comments should be made together.

Chair Higgs advised there are speaker cards that have been filled out for both IV.B.2 and IV.F; and if a person has filled out a card for either of the items, he or she will be recognized one time to speak on either issue.

Gary Frese, representing Space Coast Truss, stated that Space Coast Truss has been in Brevard County for 16 years; it employs approximately 200 people at two different locations; and they need to expand. He stated the property is in North Cocoa at the intersection of Canaveral Groves Boulevard and Morris Avenue. He advised the property has been zoned IU for about 40 years; and many of the surrounding areas have been IU for some time. He stated his client would like to take the approximately 34-acre tract and put a neighborhood-friendly truss plant there. He noted both sides are exposed to residential areas; and his client has agreed to put a 50-foot vegetative buffer on both sides. He stated in the west portion, in addition to the 50-foot buffer, there are wetlands in the bottom and a retention pond near the top. He stated it was done that way so the neighbors would be as far away from the plant as possible. He stated they do not need to come before the Board for the truss plant specifically, but they need a CUP for outdoor assembly. He advised all they will do is store complete trusses outdoors; but the cutting and assembly of the trusses will be indoors. He stated they have agreed to construct sidewalks along Morris Avenue on the west side, Fox Place on the north side, and along their frontage on Canaveral Groves Boulevard. He advised his client has offered to build a covered bus stop for school children on the southwest corner, which will entail approximately ½ acre of land; and they will build that on their own to make them a friendly neighbor. He stated they would like to request to store the trusses outdoors; and the vacating of Devoe Avenue. He stated Devoe Avenue currently comes down the east side and bisects the property from north to south. He stated Devoe Avenue is an old road; it is not built to County specifications; there are 19 homes north of the truss plant; and he is sure there are some residents who will speak to the Board. He advised they need Devoe Avenue to be vacated because that is their site to work. He stated the electrical and water utilities next to the road will be moved at Space Coast Truss’ expense. He stated his clients met with the community before the Planning and Zoning meeting and afterwards; and they tried to explain what was being asked and deal with their concerns the best they could. He stated many of the residents were concerned about emergency response time if Devoe Avenue is vacated or closed. He advised the letter he received from Brevard County Fire Chief William Farmer said the ambulance response time with Devoe Avenue closed will be an increase of about 16 seconds; and other emergency vehicles will not take any additional time. He stated some residents were concerned about fire engines being able to make a turn; and that was all worked out. He presented the letter to the Board. Mr. Frese stated in the next three years there will be 300 employees; and they will close the other two locations and build a new, nicer building. He stated all the cutting and assembly will be done indoors. He noted the negatives if they are not allowed to use this site are the truss plant is not working at two sites; they need more room; and it will cause them to move to another county. He advised Devoe Avenue has some problems; it is next to industrial zoning; and to upgrade and maintain it will be approximately $100,000. He stated the owner getting one buyer for 36 acres is not an everyday occurrence; so it could turn out the owner will use the IU zoning and do something that will end up being not as nice as the truss plant. He requested the Board consider creating a CUP, vacating Devoe Avenue, and taking advantage of the positives set out for the Board in terms of jobs and the neighborhood.

Commissioner Pritchard inquired if the applicant wanted to vacate Devoe Avenue because of the railroad spur so they can have deliveries; with Mr. Frese responding they would like to have that ability. Commissioner Pritchard inquired if traffic will travel back and forth on Devoe Avenue in order to get the material from the site to the truss manufacturing plant; with Mr. Frese responding yes. Mr. Frese advised they estimate six deliveries a month because the deliveries are large; so the deliveries will not be all day, every day.

Commissioner Colon requested Transportation Engineering Director John Denninghoff speak to the vacating of Devoe Avenue. Mr. Denninghoff stated the history of Devoe Avenue is it was originally a dirt road, which was paved quite a few years back; when it was paved staff preformed some core borings on the road to evaluate its condition; they determined it had at best about 2” of base material; typically for a residential street there is at least 6”; the Code requires 8” in many cases; and for an industrial type street it would require 10” of base. He advised it is substandard; it only has about 1” of asphalt on it; that would normally be 2” or more for industrial application; and for residential application it would have 1 ½”. Commissioner Colon advised some residents have expressed concerns because they were under the impression Brevard County was going to fix Devoe Avenue. She inquired how were the monies allocated and spent in the area on the roads; with Mr. Denninghoff responding Devoe Avenue was scheduled at one point to be improved substantially both in terms of its structural strength and its drainage; that was going to be performed using CDBG grant funds; and in order to accomplish that the County needed to acquire right-of-way. He stated the right-of-way was under ownership of the railroad; they refused to donate the property necessary; and what they needed was a strip of land on either side of the existing roadway. He stated that road was a prescriptive road; and it came to the County because of historical usage of the roadway. He stated subsequent to the railroad not wanting to contribute the property necessary to complete the improvements under the CDBG program, determination was made to use those funds to improve either Fox Place or Morris Avenue; and under the Grant Road Paving Program they were doing the other one. He stated Fox Place and Morris Avenue were improved and brought to residential standards utilizing those two funding mechanisms. He stated any improvements to Devoe Avenue were put off simply for lack of right-of-way and lack of funding. He noted about 1 ½ years ago current owners of the property proposed to donate property for right-of-way to the County for both Devoe Avenue and Canaveral Groves Boulevard. He stated the current owner also donated property along Canaveral Groves Boulevard for public road right-of-way. He noted that is where the County is today; the property owners had at one point proposed a subdivision similar to the one seen in the applicants presentation; and subsequent to that the concept of vacating Devoe Avenue and moving forward with a single unified site plan for the entire property was advanced. Commissioner Colon inquired if Devoe Avenue is on any type of schedule to have any future money for a right-of-way. Commissioner Scarborough advised the County did not move forward with the building or rebuilding of the road to residential standards knowing that it may be better to have a contribution by the property owner if they were going to use it as industrial. He stated that was some of the dialogue that precluded other discussions of funding for the road.

Vince Heuser, Manager of Solid Wall Systems, stated they share the same facility as Space Coast Truss; Solid Wall Systems has grown from approximately 10 employees to 45 employees; and by the end of this year they expect to employ at least 100. He stated the major growth they are experiencing employee-wise is through the division that he works in; and the majority of the employees have come from the Canaveral Groves and Cocoa area. He stated they bring a big punch to the area on employment and tax dollars. He advised one big thing they offer is they transport their employees to the job sites; and they work from Jacksonville to Orlando, Vero Beach, and throughout Brevard County. He stated over half of their employees do not have transportation; they are only required to be able to get to the office; and they transport them from there. He stated the jobs offered are some of the higher paying jobs in the area; a totally inexperienced man begins at $10 a hour with full benefits and paid vacations; so it is a high quality job for what they do. He noted in the next few years there will be over 200 employees. He advised they are a friendly neighbor because they are not there; the trucks are gone all day; and then the employees come back, get in their cars, and go home. He stated the employees are gone all day with the exception of himself and two other people in the office. He stated they employ more people at the current facility than the corporate office or other divisions do in the area.

John Stewart stated he wanted to talk to the Board about two items, one of which is safety. He advised as far as the road being closed, if a forklift has to travel back and forth, the children going back and forth from school and playing around it could be injured. He stated he has been with Space Coast Truss for eight years; he began in production as a mechanic; he has gone from mechanic up to the head of IT Department; and they promote within and work with everyone. He stated he hopes the company can stay in Canaveral Groves.

Chair Higgs wanted to put in the record that representatives of the applicant did come to her office to speak with her about the proposal.

Henry Walker stated he has been with Space Coast Truss for two years; and he knows it will be good for the area. He advised the jobs and benefits are great; and in six months he will become foreman. He stated the company needs to expand because the work is good.

Daryl Smith stated he is at the meeting to speak about the youth at Sharpes Church of God. He stated the church is located down from Devoe Avenue. He advised their church is the closest to the truss company; there are functions for the youth; and they like to have a lot of functions for the youth and the community. He stated they have functions for the holidays for the children. He stated if they have the building next to the church, there will be a lot of noise conflicting with the church music they like to play while the children are playing; and at the same time they will not be able to hear each other talk while they are outside. He stated he is there on behalf of the youth. He stated he understands the company needs to expand, but wants them to find another place to build.

Joanne Ringrose, Controller for Space Coast Truss, stated both the Cocoa and Rockledge facilities are at their capacity; they cannot grow anymore where they are at now; and they want to combine their facilities into one location. She stated the company has looked for a few years for a piece of property that would house both businesses. She stated they need a property the right size railroad siting in Brevard County; and they have had difficulty doing that. She advised they have bought a facility in Putnam County to meet some of the needs that have not been able to be met in Brevard County due to size restrictions; they want to expand their facilities in Brevard County; and the workers like it here. She stated their company is an asset to Brevard County; and they want to employ an additional 100 people within the next few years. She stated she wanted the Board to consider the benefits they will provide to the additional 100 people; she knows many households will be affected in that area; but for the benefit of the entire County vacating Devoe Avenue will be a good thing.

Ron Smith stated he is one of the owners of the property. He stated the company will abide by the performance based zoning; the church will be able to hear music when played outside for the children; and there will not be any noise coming from the facility. He advised all the work is done inside the building; and the only thing they are asking for is a CUP for outside storage. He stated the owners have donated 1.42 acres to Brevard County, not including the other ½ acre, which the applicant is willing to donate for the bus stop. He stated the company could come in and ask for tax credits; they are not asking for that; it is a good company; they want to pay their own taxes; and they will increase the tax base in Brevard County. He noted the property has been zoned IU for over 40 years. He stated they have offered a 50-foot buffer; and all other lighting and noise issues will be taken into account in the site plan. He stated the water lines may have to be moved; they will be moved at the applicant’s cost; and it will be at no cost to Brevard County. He stated one user on the piece of property will give more security to the 19 homes that are there; they will exit on both Fox Place and Morris Avenue; and those roads have been improved. He advised as a developer it will increase the property values; and the truss company will be good a neighbor. He stated they will guarantee that 30% of the new jobs will go to qualified minorities; and it is more likely to be 50% since the current makeup of the company is about 50% minorities.

Commissioner Colon stated there are many rumors in situations like this that run through a community; so she recommends not making the meeting into a personal attack. She advised it does not help; the Board is there to hear the proposal; and if there are rumors, it will deal with those issues. She stated everyone needs to be sensitive to those issues, and make the meeting productive and positive.

Douglas Walter, with Space Coast Truss, stated he has been employed for over nine years; when he began there were 12 people working in the office; and he has seen it increase to 45 or 50 people just in the design and clerical of the company. He stated he would like to see the workplace continue to grow because there is a shortage of help in the office; extra space is needed for the people who work there and the additional help to be hired. He stated with a larger facility there could possibly be another 20-30 people hired from the area; and it will be a good thing for everyone.

Toni Wilcox, Corporate Building Materials Manager for Space Coast Truss, stated the department of Space Coast Truss was started around 1995 with two sales personnel and five yard people servicing ten local contractors. She stated presently located on the five acres off of Cox Road, they employ two managers, five builder sales professionals, inventory manager, and 18 yard employees; and in addition, the delivery fleet has grown to include a dispatcher and six experienced professional drivers who operate three 48’ tractor-trailers and three 24’ flatbeds all with piggyback forklifts. She stated they service both the large production builder and small contractors on jobs from Port St. Lucie to Jacksonville and points west to Orlando, Deltona, and Winter Haven with an annual sales having grown four fold to $10.5 million dollars. She stated the lumber department has outgrown its limited facility at Cox Road; and from information provided to the managers of Space Coast Truss, properties large enough to accommodate both the corporate offices, truss plant, and lumber department, as well as providing an opportunity for a rail siting in Brevard County are in short supply. She stated the need for rail siting presents itself when considering the lumber department alone receives approximately 50 tractor trailer loads of building materials each month, while the truss plant receives another 35 trucks of lumber for trusses. She advised all other materials delivered by truck such as plywood can all be brought in by rail, thereby decreasing the number of truck deliveries to the new proposed facility off of Canaveral Groves Boulevard. She stated she has been a resident of Brevard County since 1961; and she has made her home in Canaveral Groves since 1983. She stated she has a personally vested interest in the company’s ability to continue to operate in Brevard County as her husband is a 20-year employee of Brevard County as a firefighter EMT; and they are happy and settled in their home. She stated her family is here, and they do not want to relocate to Orange or Putnam County. She stated the lumber department of Space Coast Truss alone is growing at a rapid pace, and she sees no end in sight. She advised the tax revenue offered to Brevard, coupled with the growing employment opportunities, will make the company’s purchase of the parcel of land and the vacating of Devoe Avenue a good investment for Brevard County as well as Space Coast Truss.

Robert Kalina, HR and Safety Manager of Space Coast Truss, stated in the two plus years he has been with the company he has found them to be a very fair-minded and community oriented company. He advised if a person walks into the lobby, the walls are lined with plaques and pictures from youth softball teams.

Anita Lewis-Bookhart stated the citizens of Devoe Avenue are at the meeting representing the community as a whole. She stated most of the citizens who are in attendance have lived in the area for over 30 years; and they are taxpayers who have invested time, money, and lives not only in the community, but in the County as well. She stated the closure of Devoe Avenue will diminish the quality of life for all who live there; she feels the closure will affect the safety, health, and welfare of the community; and she is concerned about the response time of Emergency Medical Services. She advised she has the letter from Fire Chief William Farmer; what it really means is the ambulance will be 16 seconds later, and her husband is ill. She advised 16 seconds could cost lives. She stated the residents were there first, and believe it would depreciate the value of the land. She stated she spoke with the Property Appraiser’s office and was told that historically anytime a residential area is built with industrial buildings, the property value decreases. She stated the Board as elected officials were put in place to watch out for the interest of the community, not the commercial interests of businesses; and she asks the Board to do that today. She stated growth is inevitable, and she welcomes that, but not at the expense of the safety, health, and welfare in the community. She stated there is no objection to a company building on that land, but they do not want Devoe Avenue closed. She requested the Board reject the proposal of closing Devoe Avenue and consider the residents of the area who have worked hard to pay for the land where they can raise their families, attend church, and feel safe.

Ivan Rolle, representing the North Cocoa Civic League, stated his concern is closing Devoe Avenue will be a disaster to his church, which is adjacent to the property. He stated there are many functions going on at Friendship Missionary Baptist Church. He stated with trucks loading in front of the church, it will not be safe for the children and members of the church. He stated the road has been active to the community for over 60 years; it is a landmark; and Fox Road, which is not wide enough for two cars to travel on is unsafe. He stated the people have built their homes to enjoy the neighborhood. He requested the Board look at the pictures he provided, and not consider Devoe Avenue.

Commissioner Carlson requested Mr. Rolle submit the pictures for the public record.

Claudius Pratt stated he appreciates the items shared with the Board at the meeting. He stated he has concerns with what was shared with everyone. He stated he has learned as a pastor if something is being changed in the church, it needs to be done by the inches rather than a great deal. He stated he has paid about $50,000 in taxes to Brevard County on his property; but his main concern is the church. He stated the church changes the lives of individuals adjoining where the forklifts travel. He stated on the east boundary where there is East Railroad Avenue, there is a spare track running into their property bringing in whatever goods need to be brought in. He stated if the road is closed, they have one opportunity to get out of the neighborhood. He inquired should there be a tornado in the area and the one road is block with power lines, how do the people living there get out. He stated safety is something the Board holds highly. He stated he appreciated the jobs being offered in the County. He stated the future of the community depends on the young people. He stated he knows there will be noise and lighting problems that will end up affecting the community. He stated if it is granted, it will negatively affect the property owners.

Mose Smith, Jr., Pastor of Sharpes Church of God, stated he objects in behalf of the constituents in the closing of Devoe Avenue, and the moving of the truss plant into the area. He stated apart from killing the potential growth of the community and increasing the noise and pollution, the traffic flow on Canaveral Groves Boulevard will be adversely affected. He stated Canaveral Groves Boulevard was not built to handle the wide load traffic that will be added to the existing traffic flow. He stated the truss company anticipates up to 40 loads a day; that order can be increased; but when that type of traffic is trying to turn from east to west, it will create blocked traffic. He noted wide loads and long trucks need a lot of space to turn; there are trucks trying to turn there now from the steel plant; and it will add to the congestion in the area. He advised if a rail spur is permitted there, it will most likely be put as far north as possible, which is near the church. He stated then the church will have to deal with that noise, along with all the other noise already taking place. He stated he appreciates what the truss company is trying to do, but there has not been a lot of consideration for the community. He stated he is interested in finding out what the truss company’s hiring practice’s are from the top down, and how many minorities help make the decisions in the company; so those are things that would encourage him to agree with the proposal. He stated bureaucracy does not travel as fast as the rest of the world; if Devoe Avenue is closed the emergency vehicles will have to find the next entrance; and it will increase the time for the emergency vehicles to get to a person.

William Proby, with the North Cocoa Civic League, stated he came to Sharpes in February 1969. He stated the community needs Devoe Avenue as an exit to get out of the neighborhood. He stated he is for Devoe Avenue staying open for an exit to get out.

Ivan Fox stated he moved in Sharpes in 1958. He stated if the truss plant is moved on the front, the residents are trapped in; the railroad is on one side; the ballpark is on the other side; and the road company is on the back. Mr. Fox stated at this time there are two ways out. He advised if the road is closed, all of the homes will be devalued. He stated the Board would not want a truss plant put there if any Commissioner lived there.

Brenda Fox stated Devoe Avenue is a community. She stated the road has existed for 60 years with four generations living and growing there; and that shows there is stability. She stated it offers something she was looking for; the residents built homes there; children came back to build their homes; and the homes are maintained and in good condition. She stated this is a community with a potential for growth with the correct vision for it and investment in it. She inquired who wants to invest hard-earned money into a home, which is the largest investment most of the residents will have, with that type of intrusive activity going on day in and day out. She advised the homeowners now will be hard pressed to try to sell the homes if they wanted to relocate. She stated it will drive down the market value of the homes; and some people are only looking at the dollar. She stated the employees go home to other communities after their day ends, and leave their community in shambles. She stated the needs are simple, that the community remains a community, and not be shut off and choked out by industry taking over.

Ruben Mack, Pastor of Friendship Missionary Baptist Church, stated the people in the area are concerned about the closure of Devoe Avenue; it is a community of many young people; there are two churches in the area; but the space is not there. He expressed concern about traffic congestion and danger to the people of the area; and requested the Board to consider the community of Sharpes.

Denise Peek-Jones stated she is a resident in the area; and is one of the children who came back to build there. She stated her grandparents started out there; and it is very comfortable. She advised she has five children; they walk to school on Devoe Avenue; and she can see them as they are coming to and from school. She stated she must look out for her children because so much is going on; and she does not want the road closed. She stated it is home to her; and she wants to leave it for her children to come back to. She stated with the rerouting being talked about, big trucks cannot turn there. She stated her husband drives a large truck and has a company of his own. She stated she feels like a sardine in a can, blocked off from the world, and hopes they do not block them off. She advised they pay taxes; she grew up in the neighborhood; and it is a great place to be. She stated there is plenty of property to use for the truss plant; and this is not the last resort. She stated they are people paying taxes; and the residents do not want the road closed.

Jason England stated he relocated to Florida from the poverty-stricken state of West Virginia. He stated he is a single parent of three young children; he took a pay cut of 1/3 of what he was making in West Virginia; and it is a change in the economics of the household. He advised the company he works for now offers amazing benefit packages including home purchase options, and a nice 401K. He stated he is not sure how the economy in the area is, but would like to move there to raise children, have a church nearby, be close to work, and things like that. He stated many people are concerned about the well being of the community. Mr. England stated like a gentleman stated, if a person walks into the truss plant on 900 Cox Road, he or she will see many community involvement pictures; and it is a good company to work for. He advised everyone knows his name; and he has only been there six months. He stated it is nice to find a business to work for so he does not have to open up his own company. He stated the most stability he has is working for a division of Mercedes Homes. He advised if he has to relocate to Orange or Putnam County, it would be for the benefit of his family. He stated he is fond of the Brevard County area, and wants to see his children grow up here.

Mike Selig, a commercial real estate broker and one of the owners of the property, stated he wants to answer a concern that Commissioner Scarborough had earlier. He stated it was their understanding when the 2.9 acres was donated, that was the contribution. He advised the property owner granted approximately 3 acres of reasonably expensive industrial property in return for having the road situation be the County’s problem and not theirs. He stated there are one hundred-plus lot subdivisions in Brevard County that have single access; and Waterway Manor in Merritt Island is one. He stated there are 19 homes in the community presently; the real estate values would be much better served with the separation of residential and industrial than having to go through industrial to get to the homes; and he would have a more difficult time buying a home in an area where he drove through an industrial park to get to it than he would if there was a residential street that was buffered from industrial. He stated it has been an industrial site for 40 years, zoned and comp planned. He advised change sometimes comes hard; it is human nature to resist change; but this is a unique opportunity to separate the residential and industrial for all time and solve the problem. He stated there will be noise because of performance based zoning; there will be sidewalks and a bus shelter; and there will be no commercial vehicular access to the residential streets. He stated there will be no adverse effect on emergency services; and the ambulance will only take 16 seconds longer. He stated the EMT’s who come from the fire station on Canaveral Groves Boulevard will get there just as quickly. He stated the EMT is the first point of contact with a person who is in some distress. He stated the ambulance may be 16 seconds later, but that point is not a valid one. He stated Brevard County will not have an expensive road improvement project, including the sidewalks the community deserves. He stated it is a good project; it is good for everyone; and he hopes he has shown that.

Commissioner Colon advised some of the concerns she kept hearing repeated were regarding noise; and inquired if the plant will be 24-7, and what are the hours; with Mr. Selig responding what has been designed to help with the noise is a 50-foot buffer, that is more like a 75-foot buffer in some areas. He stated the lumber bins have been placed in the back of the property; the lumber storage works like a buffer would; and it absorbs sound. He stated if there is noise, there is performance-based zoning; and if people call and complain about noise, the plant will have to solve the problem.

Veronica Washington stated she does not want to see Devoe Avenue closed; she moved there because she could get a home built like she wanted; and she enjoys the peace and quiet. She advised the residents already have the noise of the railroad track and other things that go on; but this truss plant coming in will not help the noise in the area. She stated there is no way the company can say they can eliminate all of the noise. She stated another route will have to be found for the children to catch the school bus; and there was already a problem with the bus route being changed. She stated she appreciates the company putting a shed up for the children, but most of them do not have to wait for anyone to get them. She stated with Devoe Avenue open, the children come down a straight path. She noted there have been problems with prisoners walking through the road, which should not have been. She stated they need the safety of the children and do not want the road closed.

Jeff Macik stated the whole proposal of shutting down that portion of Devoe Avenue is taking into consideration safety; and the other proposal of turning it into a small industrial park with multiple users there will be more of a safety hazard than if Devoe Avenue is vacated. He stated there will be no buffer; there will be additional traffic because of industrial use of Fox Place, Morris Avenue, and Devoe Avenue, and he feels it makes good sense for all concerned to approve the site plan and vacation of Devoe Avenue. He stated everything they have done as far as laying out the site plan is taking into consideration that they do want to be good neighbors. He stated it will be a great opportunity for a win/win situation; they are not trying to be one sided; and it separates the residential property from the commercial property. He stated it is industrial zoned property; it has been and will be industrial zoned property; and this is a chance to separate it. He stated there will be access on roads that have already been improved; they are putting in sidewalks and a bus stop; and it will be an easier way to get there.

Gary Frese stated many years ago the Board decided the property in question should be zoned IU; and it is a good opportunity for one user who is concerned about the community and is willing to give a lot of the site for buffer. He stated Devoe Avenue will not always be the same as it is now and will not be a nice street, because it will have multiple industrial uses on both sides of it. He stated it will not be the same for the residents if that happens. He stated the whole property will be site planned by one user; and it will be better than what will eventually happen, which is multiple uses along Devoe Avenue.

Commissioner Colon inquired what are the hours going to be for the truss plant; with Mr. Macik responding typically they begin work at approximately 6:00 a.m. He advised some of the trucks delivering lumber begin as early as 5:00 a.m., but they get in and leave quickly. He stated there are typically two shifts; so the hours will be from 5:00 a.m. until after midnight. He advised it will be a performance based zoning issue in the event the plant does disturb; he doubts it as they run two solid shifts with the same times at the South Rockledge facility; and there has only been one incident he has been called on, which was a matter of having the door closed. Commissioner Colon inquired where is the church located according to the map; with Mr. Macik responding adjacent to the back. Commissioner Colon inquired where the entrance will be located; with Mr. Macik responding what the church on Canaveral Groves Boulevard will see is the front of the truss plant. He advised there will be no noise whatsoever because it is the office. He stated they made sure everything was neighborhood friendly. He stated the church on Devoe Avenue has 100 feet of natural buffer between the back of the southern most part of the property, and the northernmost part of theirs. He stated in addition to that they are placing the lumber storage bins as additional buffer.

Commissioner Scarborough inquired if a truss plant can be operated without a CUP for a truss plant; with Zoning Official Rick Enos responding in an IU Zone a person must have a CUP. Commissioner Scarborough advised he met with the developer a few times, and met with the community at least one time. Commissioner Scarborough stated he understands there is a concern by the Assistant County Attorney regarding the 30% use of minority. Assistant County Attorney Eden Bentley stated it does not address the land use, and invades the business practice too much for the Board to deal with at this particular stage. Commissioner Scarborough inquired if it can be included in the request; with Ms. Bentley responding no.

Commissioner Pritchard inquired if the CUP in IU Zoning is required for the operation of a truss plant as well as the outside storage of the materials; with Mr. Enos responding a CUP is required for the operation of the truss plant. Mr. Enos stated the outside storage, separate from the truss manufacturing, can be permitted in IU, but since it is associated with the truss manufacturing, it is part of that use. Commissioner Pritchard advised he met with the applicants, but not with the neighborhood. He stated with the Industrial Use Zoning, if the property were to be developed in another use where there are multiple users, there would be much more traffic on the road. He stated he would be concerned about that; it has been IU-Zoned for 40 years; so it is inevitable that something will happen. He inquired if the community considered what the potential effect will be if it developed with some other usage, and the amount of traffic that can potentially be on Devoe Avenue; with Mose Smith, Jr. responding one of the things the community does know is the process taking place now is a wake-up call. Mr. Smith stated the community does not want Devoe Avenue closed; but even if the road is not closed at this time, it will come up again. He stated the community wants to take its destiny in its own hands and purchase the property; and then the community can have some say so on what takes place there. He advised he approached one of the partners in the ownership and asked what he would take for the property; and he told him $1,000,000. He stated that is what the community has began to discuss; there are a number of people in the community; there are a number of churches in the community; and they have tried to come together to see what they can do as a community. Commissioner Pritchard stated what is being proposed is sidewalks will be built on the perimeter roads, and a bus stop will be built for the children of the neighborhood. He stated the major obstacle to the neighborhood is Devoe Avenue; and the major concern to the truss company is being able to access the railroad spur so there is no safety issue with people using Devoe Avenue, either walking or driving. He advised he understands both sides of the issue. He stated he has been to the Cox Road Truss Plant, and did not notice the noise at all. He stated he can see where the community is going to benefit because of the sidewalk and the bus stop; the medical response time should not be an issue; and access in and out will still be there.

Commissioner Scarborough advised there are two issues before the Board, the closing of a road, and the CUP for a truss plant; and that is what it has to decide on. He stated the Board is not saying the truss company is a bad company; and no one has said they are fair or good to their employees. He stated the Board is asked to close a road. He stated generally road closings come at a regular Board of County Commission meeting, and it asks if anyone objects. He advised if there is any objection, it does not vacate an easement. He stated it is a good company with good jobs; but inquired does the Board all of a sudden look at it as part of something else. He stated if the truss plant has industrial zoning, it can do what it needs to do under the zoning, but does not have the right to run a truss company. He stated the operation from 5:00 a.m. until midnight is a long operation. He stated the Board is being asked to close a road under those circumstances, and grant a CUP for a truss plant. He stated he does not believe that is where the Board needs to go at this time; and there is other usage that is better. He stated there is a lot of rail in Brevard County, and property that can be utilized.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to deny Item IV.F to vacate right-of-way (Devoe Avenue) in Canaveral Groves as requested by Jeff Macik with Space Coast Truss, Inc. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to deny Item IV.B.2 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

The meeting recessed at 7:56 p.m. and reconvened at 8:04 p.m.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Anita Cragg to Building and Construction Advisory Committee, with term expiring December 31, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RECOMMENDATIONS OF THE PLANNING AND ZONING BOARD
OF FEBRUARY 9, 2004 (CONTINUED)

Item IV.B.3. (Z0402103) Ray E. (Jr.) and Carol A. Brown’s request for a Small Scale Plan Amendment (04S.2) to change the Future Land Use Map designation from Planned Industrial to Community Commercial; and a change from GU to BU-2 on 2.96 acres, located on the west side of Grissom Parkway, south of Camp Road, which was recommended by the Planning and Zoning Board to be approved as BU-1 on the easterly 150 feet, and BU-2 on the remainder with a Binding Development Plan, limiting property to one driveway off of Grissom Parkway.

Commissioner Scarborough requested the applicants to give their presentation; and staff will speak after the presentation.

Ray Brown, Jr. stated he and his wife own an air conditioning company that has been in Brevard County since 1963; it was founded by his father; he has children he would like to bring into the business; and he would like to make a home in Canaveral Groves. He stated he would like permission to change the GU to BU-1 as a storefront at the front of their property; 150 feet from the road front will be BU-1 store front; and the remainder of the property would be changed to BU-2 to have trucks and delivery of the air conditioning equipment. He submitted a picture to the Board. He advised the picture is looking in the front of the property of the prison on Grissom Parkway; there is a gun range there; and there is a prison behind the forefront. He stated that property has been for future land use to be changed to Planned Industrial. He stated it is a stable company; it has served Brevard County since 1963; they would like a place to call home; and wants to develop on the property.

Commissioner Scarborough stated there was a time when they were discussing Grissom Parkway; it was being prepared to be four-laned; and one of the things the Board needed to do was limit curb cuts. He advised limited curb cuts in some manner prevent the need to four-lane; and it would be very costly to four-lane the road. He inquired if there is anything that would in moving to the applicants request, rather than the Planned Industrial, be viewed as creating more activity in a negative sense in that regard; with Assistant County Manager Peggy Busacca responding she does not recall that there has ever been an access management plan put in place for Grissom Parkway. Commissioner Scarborough advised the Board did a small area plan that did define that as a critical need to limit curb cuts on Grissom; and it has actually applied it in some rezoning. Ms. Busacca stated in the area where there are existing lots, each lot will be able to come in to get one curb cut. She stated the Board can, in an instance where there is more than one lot that comes under a zoning, be able to limit the curb cuts as part of the zoning action. Commissioner Scarborough inquired if the applicant will be serving people from the property, or have people come there to buy air conditioners; with Mr. Brown responding the business will be serving the community from that location. Commissioner Scarborough advised he did not think there is a problem there, but he wanted to bring it to the Board’s attention because it continues to be a concern. He stated he will not oppose what Mr. Brown is doing, but the Board probably heard from Planner Todd Corwin. He stated while the Planned Industrial Park appears to be more intensive, it really is a better class zoning. Planner Todd Corwin stated the Planned Industrial Park is the least intensive zoning classification within Brevard County; however, it has larger lot sizes, greater setbacks, indoor uses, and buffered storage areas. He stated from the standpoint of commercial uses that could possibly be located in community commercial, Planned Industrial Park has certain aspects written into the Code that provide for indoor uses and more buffering for a storage area; so even though it appears at first glance as being more intense, it is more of a park-like atmosphere. Commissioner Scarborough advised he will support the item; it is across from an industrial-type area with the prison complex; and he does not think it will negatively impact what is there. Commissioner Carlson inquired if Commissioner Scarborough wants to request one curb cut; with Chair Higgs responding it is in the Binding Development Plan.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Item IV.B.3 as BU-1 on the easterly 150 feet, and BU-2 on the remainder with a Binding Development Plan, limiting property to one driveway off of Grissom Parkway as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item IV.B.4. (Z0402104) David C. and Cynthia R. Ramage’s request for a change from IU to RU-1-11 on 40.068 +/- acres, located east of Old Dixie Highway, north of Wiley Avenue, which was recommended by the Planning and Zoning Board.

This item was withdrawn by the applicant.

Item IV.B.5. (Z0402201) Kjell S. and Marilyn Johnsen’s request for a Small Scale Plan Amendment (04S.3) to change the Future Land Use Map designation from Neighborhood Commercial to Community Commercial; and a change from RU-1-9 and BU-2 to All BU-2 on 0.647 acre, located on the west side of Axalea Avenue, south of Cone Road, which was recommended by the Planning and Zoning Board.

Morris Smith, Jr. stated Johnsen Amphibious Services and Construction are looking to consolidate their locations; they are presently using the BU-2 zoned parcel as storage and materials handling area for the pilings and pressure-treated timbers; and to the east of that by two blocks they are using existing facility for their office, administrative work, and some fabrication areas. He advised what is proposed is to move the two facilities into one; and the same owner owns both sides. He stated they want to convert Lot 2, which is presently zoned RU-1-9 to BU-2; the existing Lots 3 and 4 that are zoned BU-2 to remain the same; and to the lots to the north, south, and west are zoned BU-2.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Item IV.B.5 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item IV.B.6. (Z0402501) Jewel Gary and Keron Deaton’s request for a change from TU-1 (15) to RU-2-15 with a Binding Development Plan on 0.81 acre, located on the east side of A!A, north of Watson Drive, which was recommended by the Planning and Zoning Board to be approved with Binding Development Plan limited to 20 units, and a $2,800 per unit school contribution.

Philip Nohrr stated his clients are trying to combine two parcels that are fully developed north of 192 on Highway A1A north of the City limits of Indialantic; the northernmost parcel, which is not in question today, is zoned RU-2-15; and it is on .81 acre. He stated the southernmost parcel adjacent to it is zoned TU-1; and it is fully developed with 10 motel units, plus one living unit.
Mr. Nohrr advised on the north parcel there are 14 apartment complexes on that parcel. He stated the intention is to combine the two parcels into the same zoning of RU-2-15; and it is the desire to put up no more than 20 condominium units with a minimum of 2,000 square feet each. He stated both parcels are fully-developed; they were developed some time ago when the rules of development were less stringent than today; and they cover a large part of the area with impervious surface. He noted if they can combine the parcels and do the development they want to do, it can be cleaned up and have it more modern as far as stormwater, drainage, breezeways, and better traffic control. He advised they are cognizant of the School Board issue; and he has submitted a binding development plan to speak to that. He stated there may be a discrepancy of one unit, depending on how it is counted. He stated there are 14 apartment units already there; there is one living unit in the motel; but because of zoning he is not sure it is fair to count that. He advised there is a family living there who have been there for some time. He stated regarding development of the schools, the proposed development will add either 5 or 6 new units. He stated he just received a letter today; and apologized to staff for not getting it to them sooner. He stated by looking at the public records, the property is generating approximately $19,000 in taxes, of which $10,000 may be going to the School Board. He stated if the property is allowed to develop with a minimum 2,000 square feet and 20 units, the appraiser has done the calculation for a total assessment $11,650,000; and while the number is not in the document in front of the Board, the total tax revenue to schools and to the County would be in excess of $230,000 a year. He stated a study has been done to determine these types of projects and what they produce as they concern school-age children, because the County’s report identifies that of the three schools that service this, Melbourne High is over capacity; so that issue cannot be ignored. He stated looking at the 13 condominium projects, out of a total of 454 units, it generates a total of six children, four of which are school age, and two of them are grandchildren and not in the schools. He stated oceanfront condominiums really do not generate school-age children as a general rule. He stated when you look at who the owners are of those types of condominiums, many of them are second homes; and they can tell that by the fact there is no homestead exemption on them. He advised those types of condominiums do not generate many children. He stated while the school capacity issue is very real, what the report is trying to do, coupled with the Binding Development Plan, is give the Board the economic impact and reasons why, in this case, the project should be approved and will not negatively impact the school capacity. He stated the Binding Development Plan states the applicant will adhere and pay the $2,800 if the school impact fee is enacted. He stated if it is different they will pay the difference. He stated the total taxes generated for the School Board by this project are about $98,000. He stated the figures show it will not negatively impact the schools. He stated those types of condominiums are being developed on the ocean now, with a breezeway concept; his client is not the first; and there are many new, modern condominiums going up in the area. He advised his client is asking for the Board’s consideration to develop in the character of what the neighborhood is; and they want to clean up an old development, and will add a plus as far as tax generation.

Commissioner Colon inquired if there is anything that has not been covered in the Binding Development Plan; with Zoning Official Rick Enos responding staff is satisfied the Binding Development Plan addresses the school capacity issue. Mr. Enos stated there was a question of what the proposed impact fee is at this point and it is approximately $2,800, which is in line with what the proposal is. He advised if it goes up, the Binding Development Plan does state the new impact fee will take effect.

Commissioner Scarborough stated the Board allows developers to restrict who lives in the condominiums; and inquired how many of those have gone before the Board; with Mr. Enos responding less than five. Commissioner Scarborough inquired why would Mr. Nohrr’s client opt to pay $2,800 if they do not anticipate that many young people living there as opposed to restricting who lives on the property; with Mr. Nohrr responding there is a difference between school-age children and 55 and older. Commissioner Scarborough stated he has an uneasy feeling the Board is beginning to create things case-by-case rather than analysis in creating the rules; while he understands logic he would prefer to do it differently; so he will not be supporting the motion. Chair Higgs stated after this item has been considered, she wants to get staff to forward a memorandum to the Board so it can put in place those issues. Commissioner Scarborough stated everyone will not be able to live in expensive condominiums on the beach; therefore, is the Board saying all it wants is the wealthy and the people who are less fortunate in society are not going to be heard in such a friendly manner. He stated to do it based upon scientific evidence of providing schools for the children is the best way.

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to approve Item IV.B.6 with a Binding Development Plan limited to 20 units, and a $2,800 per unit school contribution as recommended by the Planning and Zoning Board. Motion carried and ordered. Commissioner Scarborough voted nay.

Chair Higgs requested staff forward the memorandum to the Board before the next Zoning meeting in case those issues come up.

Item IV.B.7. (Z0401203) Bernard R. Boniface and A. J. Hiers’ request for a change of classification from BU-1 to BU-2 on 2 acres, located on the southeast side of Palmetto Avenue, approximately 770 feet east of South Courtenay Parkway, which was recommended by the Planning and Zoning Board to be approved with the stipulation that the use on the property be limited to an auto body shop and repairs only, the hours of operation will remain the same (Monday through Friday, 8 a.m. to 5 p.m. and Saturday 8 a. m. to noon), and there will be no motorcycle service or repairs.

David Dyer, representing Bernard Boniface and A. J. Hiers, stated he has a photograph of the building to give to the Board. He introduced Mr. Hiers one of the two owners of the property. Chair Higgs advised the Board has seen him on television. Mr. Dyer advised it is a small building on the south side of Palmetto on Merritt Island; it was built for auto body repair; and the problem is the building was built five years ago. He stated his client owned the Buick store on SR 520; and this was built as an accessory building to that. He stated the zoning is BU-1, which was okay at the time. He stated the problem arose when his client sold the dealership; it is still there owned by someone else; and now as a result the building is no longer an accessory to that building and needs to be zoned BU-2. He stated it went before the Merritt Island Redevelopment Agency it recommended approval; and the Planning and Zoning Board recommended approval. He advised there are a few stipulations regarding hours of operation, and there is no problem with that.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve Item IV.B.7 with the stipulation that the use on the property be limited to an auto body shop and repairs only, the hours of operation remain the same (Monday through Friday, 8 a.m. to 5 p.m. and Saturday 8 a.m. to noon) and no motorcycle service or repairs as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

PUBLIC HEARINGS, RE: RECOMMENDATIONS OF THE NORTH MERRITT ISLAND
DEPENDENT SPECIAL DISTRICT BOARD OF FEBRUARY 12, 2004

Chair Higgs called for the public hearing to consider recommendations of the North Merritt Island Dependent Special District Board of February 12, 2004, as follows:

Item IV.D.1. (NMI40201) Loyal Order of the Moose Lodge No. 2073, Inc.’s request for a change of classification from AU to RVP on 5 acres located on the east side of North Courtenay Parkway, north of the Barge Canal, which was recommended by the North Merritt Island Dependent Special District Board.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to table Item IV.D.1 to the March 11, 2004 North Merritt Island Dependent Special District Advisory Board meeting and the April 15, 2004 Board of County Commissioners meeting as recommended by the North Merritt Island Dependent Special District Board. Motion carried and ordered unanimously.

Item IV.D.2. (NMI40202) Brian K. and Janina A. Allen’s request for a change of classification from RR-1 to AU on 2.643 acres located on the north side of D’Albora Road, east of SR 3, which was recommended by the North Merritt Island Dependent Special District Board.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve Item IV.D.2 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

By motion and vote, the meeting adjourned at 8:31 p.m.

ATTEST: _________________________________
NANCY HIGGS, CHAIR
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

______________________
SCOTT ELLIS, CLERK

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