MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

October 5, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 5, 2006, at 5:00 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Vice Chair Susan Carlson, Commissioners Truman Scarborough, Ron Pritchard, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.  Absent was:  Chair Helen Voltz. 

 

 

The Invocation was given by Pastor Will Rodriguez, Discover Life Church, Melbourne, Florida. 

 

 

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance. 

 

 

 

County Attorney Scott Knox requested the Board approve scheduling an executive session to discuss the Cocoa annexation case.  He stated he is scheduled to go to oral arguments before the Fifth District Court of Appeals on October 10, 2006; an offer has been received from the developer’s attorney; and he would like to present that to the Board.  He requested the Executive Session be scheduled on October 12, 2006 at 11:30 a.m.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve scheduling an Executive Session on October 12, 2006 at 11:30 a.m. to discuss the Cocoa annexation case.  Motion carried and ordered unanimously. 

 

 

Mr. Knox advised there is litigation over the Blasky attorneys’ fees; an offer has been made; and requested the Board allow presentation of the offer at the Executive Session on October 12, 2006.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to grant permission to schedule an executive session on October 12, 2006 at 11:30 a.m. to discuss the Blasky attorneys’ fees.  Motion carried and ordered unanimously. 

 

 

 

County Attorney Scott Knox stated the County is involved with the School Board over the issue of Odyssey Charter School; staff met in the Chapter 164 staff assessment meeting; and Dr. DiPatri sent a letter to the County offering to settle the matter.  He stated one of the things Dr. DiPatri has asked for is an opinion that the proposed settlement is legal because it involves

giving some money to Odyssey Charter School; and there are two ways that can be accomplished, one through a letter of opinion from his office and the other is through an Attorney General’s opinion, which would require sending a Memorandum of Law on the issue to the Attorney General’s office.  Mr. Knox suggested in order to meet the terms that Dr. DiPatri set forth in his letter the Board request an Attorney General Opinion.

 

Commissioner Colon stated she has spoken to several folks who were hoping they would get an Attorney General Opinion, but also have the groups meeting again; all parties do not agree on the outcome of some of the discussions that took place during mediation; and it would be beneficial to have all parties meet one more time to make sure everyone is on the same page.  She stated there are a lot of questions in regard to what is happening; it would be beneficial for all parties to get more clarity on what was said at the meeting because the letter, according to the majority of the folks who were there, does not reflect what was said by the members representing the School Board; and inquired if it would be considered mediation still.  Mr. Knox advised staff can reconvene the meeting.  Commissioner Colon stated all she is saying is to make sure they get an Attorney General Opinion and have one more meeting to get some sort of clarity on what was said at the previous meeting.  Vice Chair Carlson inquired if the invitees would be the same; with Commissioner Colon responding yes. 

 

Commissioner Pritchard stated the Board needs to get an Attorney General Opinion; he had the same conversations that Commissioner Colon did; and the result of the letter is not what others remember having happened at the meeting, so there is need for another meeting.  He stated he understands the State Board has met on this and has awarded approximately $6 million to Odyssey Charter School; but the letter only talks about $1 million and a variety of ways to pay it.  He stated there is more that needs to be discussed regarding the amount that is due Odyssey School as well as an Attorney General Opinion about the legality of the loan. 

 

Vice Chair Carlson inquired if there is any documentation that substantiates that the State Board has met.  Commissioner Pritchard responded only what he has read coming across on emails; and he can provide that.  Vice Chair Carlson requested Mr. Knox provide it; and stated the Board needs the detail.  Mr. Knox inquired which board awarded it; with Commissioner Pritchard responding the State Board that deals with charter schools, but he does not recall the name of the board. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to authorize the County Attorney to request an Attorney General Opinion on the legality of advancing $418,000 to Odyssey Charter School as a means of settling the dispute with the School Board.  Motion carried and ordered unanimously.     

 

 

*County Attorney Scott Knox’s absence and Assistant County Attorney Christine Lepore’s presence were noted at this time. 

 

 

 

Commissioner Pritchard stated he read in a Broward County newspaper a notice of a referendum election to be held on November 7, 2006 for a nonbinding ballot question concerning portability of the Save Our Homes homestead value limitation; the portability would be 50% of what one’s tax might become, which would be a savings; but he does not think that is enough.  Commissioner Pritchard stated Broward County is doing this because of fear that someone will sell their house in Broward County and move to Brevard County, and it would be an inequity; and he is not sure of that either.  He stated Broward County is proposing one would be able to transfer the amount of the Save Our Homes homestead value limitation to the assessed value of a newly acquired homestead exempt property within Broward County; and that would be another option.  He stated Brevard County should address this; if someone is going to sell their home in Brevard County and upsize or downsize, but the price is going to be the same as what they have sold their property for, they should be able to take the full amount of the Save Our Homes homestead with them; and it would encourage transfer of property and encourage people to be able to move into something they might be more acclimated toward as they achieve certain positions in life.  He inquired if it is done within the County, why can it not be the full 100%.  He stated he wanted to bring to the Board’s attention that Broward County is placing this on the ballot; he knows the Board is late to put it on the Brevard County ballot; but it is something that can be discussed.  He stated the Board can see if there is any interest from the community on having homestead portability moving with a person so if they want to get into another property, they will not be hit by a huge tax increase.            

 

 

 

Vice Chair Carlson read aloud a resolution supporting Amendment 4 - Keep Kids Smoke Free.

 

 

Vice Chair Carlson passed the gavel to Commissioner Pritchard.

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution supporting Amendment 4 - Keep Kids Smoke Free.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson presented the Resolution to David Palmbach and Bobbi McKee; and Mr. Palmbach expressed appreciation for the Resolution.

 

Commissioner Colon inquired where are the rest of the dollars; with Ms. McKee responding that is a good question.  Mr. Palmbach advised the Resolution supports getting 15% back of the annual tobacco settlement from the landmark 1998 decision and putting it into the hands of the non-profits that would market to youths as well as lung programs in schools and hospitals.  Ms. McKee expressed appreciation for the Board’s support.    

 

Commissioner Pritchard passed the gavel to Vice Chair Carlson.

 

 

 

Zoning Manager Rick Enos advised Items VI.B.2 was removed from the Agenda because it is in the Grant-Valkaria area; VI.B.3 has been withdrawn; and Items VI.B.8 and VI.B.11 have been recommended to be tabled to the November 2, 2006 meeting. 

 

Item VI.B.3.  (Z0609401)  The Fountains at Lake Washington, L.L.C.’s request for change from AU to RR-1, with removal of the existing Binding Development Plan, on 98.3 acres, located on the west side of Washingtonia Drive, north of Chesterfield Lane, which was withdrawn by the applicant. 

 

 

Item VI.B.8.  (Z0609103)  Blaine and Megan Lounsbury; Robert and Paula L. Lounsbury; and Elyse Cunigan’s request for a Small Scale Plan Amendment (06S.22) to change Future Land Use from Neighborhood Commercial to Community Commercial, and change from AU to BU-2 on 4.45 acres, located on the southeast corner of Cuyler Street and U.S. 1, which was recommended by the P&Z Board and the LPA to be tabled to the October 16, 2006 P&Z meeting and the November 2, 2006 Board of County Commissioners meeting. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to table Item VI.B.8 to the October 16, 2006 P&Z meeting and the November 2, 2006 Board of County Commissioners meeting, as recommended.  Motion carried and ordered unanimously. 

 

 

Item VI.B.11.  (Z0609201)  James C. Baker’s request for change from BU-2 to RU-2-15 on 0.46 acres, located on the west side of Pineda Street, south of Fern Street, which was recommended by the P&Z Board to be tabled to the October 16, 2006 P&Z meeting and the November 2, 2006 Board of County Commissioners meeting, with waiver of the fee. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to table Item VI.B.11 to the October 16, 2006 P&Z meeting and the November 2, 2006 Board of County Commissioners meeting, as recommended.  Motion carried and ordered unanimously.      

 

 

Vice Chair Carlson called for the public hearing to consider recommendations of the Planning and Zoning Board made at its September 11, 2006 meeting and the North Merritt Island Dependent Special District Board made at its September 14, 2006 meeting, as follows: 

 

 

Vice Chair Carlson inquired if anyone was present in opposition to Items VI.B.1, VI.B.5, VI.B.7, VI.B.9, VI.B.10, VI.B.12, VI.B.13, VI.B.14, VI.B.15, and VI.B.16; and no response was heard. 

 

Item VI.B.1.  (Z0609301)  The Peninsular Florida District Council of the Assemblies of God, Inc., a Florida Corporation’s request for change from AU to IN(L) on 7.5 acres, located on the south side of Micco Road, west of Fleming Grant Road, which was recommended by the P&Z for approval. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.1 as recommended by the P&Z Board.  Motion carried and ordered unanimously. 

 

 

VI.B.5.  (Z0609501)  Annetta J. Shultz’s request for change from RR-1 to RU-1-9 on 1.4 acres, located on the east side of Valencia Road, north of New Haven Avenue, which was recommended by the P&Z Board for approval.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.5 as recommended by the P&Z Board.  Motion carried and ordered unanimously. 

 

 

VI.B.7.  (Z0609102)  Brian Kowalczik and Monica Nicole Bynum’s request for change from GU to RRMH-1 on 1.06 acre, located on the northeast corner of Jennelle Avenue and Satellite Boulevard, which was recommended by the P&Z Board for approval. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.7 as recommended by the P&Z Board.  Motion carried and ordered unanimously. 

 

 

VI.B.9.  (Z0609104)  Donna Ann Price’s request for Small Scale Plan Amendment (06S.23) to change Future Land Use Designation from Residential 1 to Community Commercial and from BU-2 and RU-1-7 to all BU-2 on 1.39 acres, located on the northwest corner of Spring Street and U.S. 1 and also having frontage on the east side of Travis Street, which was recommended by the P&Z and LPA for denial. 

 

Commissioner Scarborough stated he has met with the applicant; there is a Binding Development Plan that removes any rezoning to the residential parcel; it is used purely for an open area for retention; and the BDP will come back to the Board.  He recommended moving forward with the item.

 

Zoning Manager Rick Enos clarified the Comprehensive Plan Amendment should be approved only on the portion currently zoned BU-2. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.9 as RU-1-7 with a Binding Development Plan; 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 Twenty-third Small Scale Plan Amendment of 2006, 06S.23, 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. 

 

 

VI.B.10.  (Z0609105)  St. Mary Missionary Baptist Church, Inc.’s request for change from RU-1-7 to IN(L) with a Binding Development Plan on 4.17 acres, located on the south side of Wiley Road, running from the east side of Myrtle Avenue to the west side of Orange Avenue, which was recommended by the P&Z Board for approval without the Binding Development Plan. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.10 without the Binding Development Plan as recommended by the P&Z Board.  Motion carried and ordered unanimously. 

 

 

VI.B.12.  (Z0609202)  Jacqueline D. Malinowska’s request for Small Scale Plan Amendment (06S.19) to change Future Land Use Designation from Neighborhood Commercial to Community Commercial and from GU to BU-2 on 0.63 acre located on the southwest corner of Lake Drive and North Burnett Road, which was recommended by the P&Z Board and the LPA for approval. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.12 as recommended by the P&Z Board; 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 Nineteenth Small Scale Plan Amendment of 2006, 06S.19, 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. 

 

 

VI.B.13.  (Z0609203)  Arnold A. and Virginia O. Mallard’s request for change from GU and EU-2 on 1.59 acres, located on the north side of Fenner Road, east of Cox Road, which was recommended by the P&Z Board for approval. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.13 as recommended by the P&Z Board.  Motion carried and ordered unanimously. 

 

 

VI.B.14.  (Z0609204)  Ralph S. (Sr.) and Cynthia L. Perrone’s request for change from RU-2-10 to BU-1-A on 0.26 acre, located on the north side of Hurwood Avenue, west of North Courtenay Parkway, which was recommended by the P&Z Board for approval.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.14 as recommended by the P&Z Board.  Motion carried and ordered unanimously. 

 

 

VI.B.15.  (Z0609205)  Craig Winebrener and Jack Figary, Jr.’s request for change from BU-1 to BU-2 on 0.43 acre, located on the northeast corner of Melrose Street and Clearlake Road, which was recommended by the P&Z Board for approval. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.15 as recommended by the P&Z Board.  Motion carried and ordered unanimously. 

 

 

VI.B.16.  (ZNMI60901)  William E. Brant’s request for change from BU-1 to BU-2 on 0.54 acre, located on the west side of North Courtenay Parkway, south of Hall Road, which was recommended by the North Merritt Island Dependent Special District Board for approval on the west 100 feet of the property only, with a Binding Development Plan, providing for outside storage of commercial vehicles and equipment and a storage building not to exceed 18 feet in height, for the existing fire sprinkler/plumbing business. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Item VI.B.16 as recommended by the P&Z Board.  Motion carried and ordered unanimously. 

 

 

 

Vice Chair Carlson called for the public hearing to consider an item tabled by the Board of County Commissioners on September 7, 2006, as follows: 

 

Item VI.A.1.  (NMI60801)  Charles and Nancy Mae Waldron’s request for change from AU to EU on 2.87 acres, located on the east side of North Tropical Trail, opposite the eastern terminus of Oak Lake Place, which was recommended by the North Merritt Island Dependent Special District Board for denial. 

 

Robert Adcock, representing Charles and Nancy Mae Waldron, stated the request is to rezone their property in Merritt Island from AU to EU; a letter was written by the owner which may be on file; and there are people present who support the change.

 

Michael Wheeler commented on inability to obtain the minutes of the last meeting; stated it is his understanding this was denied; and Commissioner Pritchard said they were looking at a building development plan for RR-1.  Commissioner Pritchard stated he asked Mr. Adcock to speak to his clients to see whether RR-1 would be acceptable.  Mr. Wheeler inquired if the request was denied at the last meeting; with Commissioner Pritchard responding the request for the rezoning from AU to EU was denied.

 

Charles Sweeney stated he lives in Indian Bay Estates, which is right down the street from the property in question; and submitted paperwork.  He stated there are 503 feet on North Tropical Trail; the house takes up a little less than half of that, which is 1.3 acres; and it is approximately 1.5 acres to the north of the house which would be split into two  parcels, with each parcel being approximately three-quarters of an acre.  He stated the existing house would remain there; that parcel is approximately 1.3 acres; and the land could not be developed any further because it would not have enough frontage on the road.  Mr. Sweeney stated at the last meeting he thought the item was tabled to allow discussion of RR-1.  Commissioner Pritchard stated he does not think the Board denied it; it tabled it and asked the applicant to come back; and they can check the minutes to be accurate; but he recalls asking the applicant’s representative if RR-1 would be agreeable.  Mr. Sweeney stated that is correct; there was talk that there was not room for two additional houses on the property; but the survey shows it can be done.  He stated the houses to the south are all zoned EU and are on a third of an acre; the house directly behind the property is EU; and requested the Board approve the item. 

 

Bob Wilcox stated he was at the last meeting; it was not denied; it was tabled; and he does not know what is in the letter the Board received.  He stated the Board was looking for a position from the owner on whether they would accept RR-1.  Commissioner Pritchard stated he does not think any of the Commissioners have a copy of the letter.  Mr. Wilcox stated he went to the North Merritt Island Special District Board meeting; RR-1 was never considered; and the recommendation was for denial.  He stated as they increase the number of properties and the proliferation of these properties, they are adding more housing into an already saturated housing market, which drives down the prices of current homes; and it would meet the criteria if they watched the market.  He stated adding more homes into that kind of market is not in the best interest of the current homeowners.  He stated increasing the density further burdens the school system and traffic systems that are in place; and it negatively impacts the quality of life in the neighborhood.  He inquired how they can find out what the letter has to say. 

 

Commissioner Carlson stated it is a moot point as the Board is going to be discussing it now. 

 

Mary Hillberg, member of the North Merritt Island Homeowners Association, requested the Board deny the item; stated the Homeowners Association unanimously denied it; and the North Merritt Island Special District Board heard the item and unanimously recommended denial without knowledge of the RR-1 being discussed.  She commented on impacts to the area around the property and setting precedent for other areas that are AU to be overdeveloped as well.  She requested the Board deny the item. 

 

Commissioner Pritchard stated he does not have a copy of the letter so he does not know the content.  Mr. Adcock advised he does not have a copy either, and perhaps there was a misunderstanding on his part.  Commissioner Pritchard inquired if Mr. Adcock spoke to his clients about RR-1; with Mr. Adcock responding as late as this afternoon, Mr. Waldron advised him that unless the Board approves EU, he does not have the power to accept anything else.  Commissioner Pritchard stated RR-1 is a reasonable zoning; AU is agricultural and allows the owner to build a house; but AU is not residential zoning.  He stated something needs to be put on the table because otherwise there would be a significant issue about maintaining things at AU; RR-1 is reasonable and is located in neighborhoods; and he is very familiar with the neighborhood where the properties are anything from one-quarter to a little over half acre.  He stated there is RR-1 that is adjacent to the property; and it would be a reasonable use of the property.  He stated that was his suggestion, but it has not happened.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to deny Item VI.A.1 as recommended by the North Merritt Island Dependent Special District Board. 

 

 

Mr. Adcock inquired if RR-1 would preclude Mr. Sweeney’s plan for building two more houses there; with Commissioner Pritchard responding he would not have room, but he could build one more.  Mr. Adcock stated he cannot accept that. 

 

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

 

 

VI.B.4.  (Z0609402)  Earl Alan Marsden and Lyne Marsden’s request for Small Scale Plan Amendment (06S.21) to change the Future Land Use Designation from Neighborhood Commercial to Community Commercial; and from AU to BU-2 on 0.81 acre, more or less and from AU to EU-2 on 0.95 acre, more or less, for total acreage of 1.76± acres, located on the east side of U.S. 1, north of Coquina Road, and also having frontage on both sides of Rockledge Drive, north of Coquina Road, which was recommended by the LPA for approval and for approval with a Binding Development Plan stipulating that there be no access from the commercial portion of the property to the residential portion and that the eastern 40 feet will remain undeveloped by the Planning and Zoning Board.

 

Susan Godin, representing the applicants, stated she is present for two rezoning applications for the property at 1863 Rockledge Drive; at the Planning and Zoning meeting, the rezoning was approved contingent upon a BDP and she submitted a draft BDP to Zoning staff.

 

Commissioner Scarborough inquired if the Board has questions.  Commissioner Carlson stated in her briefing there was a question regarding retention; but it does not appear the applicant has an issue with that.  Zoning Manager Rick Enos stated there has been no change from the original Binding Development Plan that Ms. Godin submitted earlier, so it is okay. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve Item VI.B.4 as recommended by the Planning and Zoning Board with a Binding Development Plan stipulating there will be no access from the commercial portion of the property to the residential portion and that the eastern 40 feet will remain undeveloped; 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 Twenty-first Small Scale Plan Amendment of 2006, 06S.21, 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. 

 

 

VI.B.6.  (Z0609101)  T&L Management Group, LLC’s request for change from IU and AU to PUD on 148.57 acres, located at the intersection of Cuyler Road and Hammock Trail, and south of Main Street and east of U.S. 1, which was recommended by the P&Z Board for approval. 

 

Commissioner Scarborough inquired if Mr. Honeycutt is going to show where his property is in comparison to the ones that were tabled to the November 2, 2006 meeting; with Mr. Honeycutt responding he does not have anything like that.  Commissioner Scarborough stated he has something to show that will help see where Mr. Honeycutt’s project is and what can happen out there that will be nice; and displayed a map. 

 

Rodney Honeycutt, representing T&L Management Group, LLC, stated he has a rezoning request for PUD that is a win/win project for the community and his client. 

 

Commissioner Scarborough stated the areas shown in pink on the map are the four rezonings that the Board tabled; the Chain of Lakes project is shown; areas shown in light green are areas that have been rezoned; and Mr. Honeycutt’s project, which is shown in dark pink, is part of this whole discussion. 

 

Mr. Honeycutt stated they propose 400 multifamily units and 50 single-family units; and pointed out on the map the proposed location of the project, the Indian River, the railroad track, and the proposed recreation facility for the site.  He pointed out Main Street and Cuyler Road in Mims, which both ties back to U.S. 1; and stated Rails to Trails is just on the opposite side of U.S. 1 in that area.  He stated the project will be approximately three-quarters of a mile north of the Chain of Lakes; and commented on running a trail from that area to the project.  He pointed out the stormwater management tract; advised including the wetlands that are adjacent to the railroad track on the east side and the stormwater area, that is approximately 38 acres; and they proposed to dedicate all of that to the County in hopes that it will become part of the Chain of Lakes.  He stated they are also hoping to extend the trails to the Rails to Trails; those would be public trails; and the green area on the map is 43 acres of undisturbed open space.  He noted there is more open space, such as 1.6 acres of trails they propose to dedicate to the County; there are a little over an acre of trails internally; and in addition to that are the road rights-of-way.  He commented on Hammock Trail; and advised they propose to upgrade the road, pave it, and have an 80-foot right-of-way, that one day could become an arterial.  He stated there is a portion of Cuyler Road that is not paved or improved back to U.S. 1, and they propose to pave and improve that also. 

 

Commissioner Pritchard inquired where the single-family houses go; with Mr. Honeycutt responding the area is shown on the map in yellow.  Mr. Honeycutt advised there are 50 lots that are three-quarters of an acre or so; and it keeps the multifamily cluster to the river.  He stated there is no outside parking, which reduces the impervious area for the multifamily; there will be two levels of parking to keep everything inside; and they are trying to get more open space.  He advised there are 38 acres of the proposed dedication to the County; and that does not count any property east of the railroad.  He stated to determine the amount of property east of the railroad, they have to make a special survey; the State has to okay that; and his client also has proposed that any of the uplands that belong to him will be dedicated to the County.  He noted the only thing he did not mention is that in an effort to keep the area where multifamily and the lake are located with less impervious surface, they will create an RV and boat storage area on the southeast corner of the west side.  He advised it will be wooded all around it so it will not stand out, but it will also keep those items away from the units and out of sight; and the homeowners association documents will not allow those to be kept on lots or at the multifamily units.     

 

Commissioner Scarborough stated EEL’s is attempting to acquire property up and down the lagoon; the St. Johns River Water Management District and the Stormwater Utility Department are very concerned about the quality of the lagoon and wish to acquire lakes; there is a trail system; and all of those things are going to the County without any expenditure of monies.  He stated at the Chain of Lakes there is a railroad line that runs along the lagoon; the closer one gets to the lagoon, the more marshy and environmentally sensitive it gets; but back from the tracks one can see the train going across the lake, which is enchanting and interesting.  He stated Mr. Honeycutt’s condominiums are not going to be high-rise condominiums, but will be high enough to look out and get an image of the lakes, open wooded areas, an occasional train passing by, and the great expanse of the Indian River Lagoon.  He stated it is a project that people will like; the County does not have to expend monies; and it will be good for everybody. 

 

Commissioner Pritchard inquired what are the heights of the buildings; with Mr. Honeycutt responding five stories over parking.  He inquired if there will be eight buildings; with Mr. Honeycutt responding yes.

 

Commissioner Carlson stated there is a lot of density at 450 units; and inquired if any are in the affordability range.  Mr. Honeycutt responded he has discussed that with his client; it depends on the definition of affordability; but he does not think they are trying to build affordable units.  Commissioner Scarborough noted there are others that will be addressing that market.  Commissioner Carlson inquired if this is within the small area plan area; with Commissioner Scarborough responding it definitely is, but the four items that were tabled and this item are not affected by the plan or the moratorium because they were already in the process.  Commissioner Scarborough stated in fairness to the other projects, he would like Mr. Honeycutt to come back on November 2, 2006; Mr. Honeycutt understands the dynamics of having a complete discussion; but as he was on tonight’s Agenda, he wanted it to be part of the public discussion early in case the other Commissioners wanted to call Mr. Honeycutt to ask questions. 

 

Commissioner Carlson inquired what the expectation is; with Commissioner Scarborough responding his intention is to table the item and have Mr. Honeycutt bring it back.  He stated a PUD is a complex thing; and it was beneficial to see the complexity of what Mr. Honeycutt is presenting. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to table Item VI.B.6 to the November 2, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Commissioner Carlson requested Mr. Honeycutt call her office to make an appointment to brief her on everything.    

 

 

VI.B.17.  (NMI60902)  Linda K. Reel and Steven G. Anderson’s request for change from AU and RR-1 to SR on 12.41 acres, located on the east side of North Tropical Trail, north of Grant Road, which was recommended for denial by the North Merritt Island Dependent Special District Board. 

 

Commissioner Pritchard stated everyone present intends to speak against the item; and he is not going to approve it because RR-1 is appropriate, and SR is not.  He noted the property borders the one the Board just discussed.   

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to deny Item VI.B.17, as recommended by the North Merritt Island Dependent Special District Board.  Motion carried and ordered unanimously.                               

 

 

 

Vice Chair Carlson called for the second public hearing to consider an ordinance amending Sections 62-1481 and 62-1906, Conditional Use of On-premises Consumption of Alcohol in Restricted Neighborhood Commercial zoning classification BU-1-A. 

 

There being no comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1481 Restricted Neighborhood Commercial, and 62-1906 Alcoholic Beverages for On-Premises Consumption; adding conditional use permit for alcohol on-premises consumption accessory to snack bar or restaurant; 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. 

 

Vice Chair Carlson called for the first public hearing to consider an ordinance establishing temporary moratorium on rezoning and Comprehensive Plan Future Land Use Map amendments for Mims.   

 

Commissioner Carlson stated she understands this has to be associated with a small area plan. 

 

Commissioner Scarborough stated the incorporation is not proceeding forward; staff is going to take the information that UCF prepared and get some information to help with planning; and the four applicants who had applications tabled to November 2, 2006 as well as the one tabled tonight were already in the process, and so the moratorium will not apply to them.  Commissioner Scarborough commented on the proposal for the small area plan and the elements that will be considered; and stated it is better to have all that information gathered together so the Board can make better decisions rather than doing it piecemeal.  He stated this is talking about whether there will be a moratorium that will allow no new hearings; it does not mean a person cannot file an application; but the application will not be heard until the Board gets the product back. 

 

Jerry Groah advised he lives in suburban Mims; he was opposed to incorporation; he is satisfied with County services; and he hopes to continue that way.  He stated he came to speak for the moratorium. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve moving the proposed ordinance establishing temporary moratorium on rezoning and Comprehensive Plan Future Land Use Amendments for Mims to the second public hearing.

 

 

Planning and Zoning Director Robin Sobrino advised right now the boundaries for the moratorium reflect those that were proposed for the incorporation.  Commissioner Scarborough stated while Shawn Harris said he did not want East Mims to be part of the incorporation study, he did want it to be part of the small area planning process.  Commissioner Pritchard advised it excludes the four parcels that are in the process.  Commissioner Scarborough stated they are already going to be heard. 

 

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

 

Upon motion and vote, the meeting adjourned at 6:02 p.m.

 

 

 

                                                                        _____________________________________

ATTEST:                                                         HELEN VOLTZ, CHAIR

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

 

______________________

SCOTT ELLIS, CLERK

 

  (S E A L)