May 01, 2008 Zoning
May 01 2008
MINUTES OF THE MEETING OF THE BOARD OF
May 1, 2008
The Board of County Commissioners of
.Present were:Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Mary Bolin, and Jackie Colon, County Manager Peggy Busacca, and Assistant County Attorney Morris Richardson.
The Invocation was given by Commissioner Jackie Colon, District 3.
Chairman Truman Scarborough led the assembly in the Pledge of Allegiance.
REPORT, RE: TREE PLANTING DEMONSTRATION GRANT
Commissioner Nelson stated under his report there is an Agenda item related to a tree grant; the timing on this is such that it would not be able to come to the regular meeting next week without passing the time limit; he requested the Board approve the tree grant for $10,000 to allow two park projects to receive plants; and stated those are Mitchell Ellington Park and South Beach Community Park.
Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution authorizing the submission of a 2008 Urban and Community Forestry (U&CF) Grant Application to the Florida Department of Agriculture & Consumer Services for a $10,000 Tree Planting Demonstration Grant at South Beach Community Park and Mitchell Ellington Park; and authorize Parks and Recreation Director to execute Standard Grant Agreement and Amendments, and to establish the Project budgets if the Grant is awarded. Motion carried and ordered unanimously.
REPORT, RE: LETTER OF THANKS FOR PARTICIPATION IN SPACE WORKSHOP
Commissioner Nelson stated he provided the Board with a draft of a letter thanking those folks who participated in the Space Workshop.
Motion by Commissioner Nelson, seconded by Commissioner Colon, to approve the Letter of thanks drafted by Commissioner Nelson to all who participated in the April 28, 2008 Workshop on Space. Motion carried and ordered unanimously.
REPORT, RE:
BALL GAME
Commissioner Colon stated for those young at heart and those who know about street ball, there is the Court Kingz Street Ball Game at the Palm Bay Community Center; it features the top street ball players in the world as seen on ESPN 1 and City Slam; she will be talking lingo that she has no clue about; but she is just doing her job to keep everyone informed. Sky-high Bounce, Lunatic, Dunkers Delight, Made for TV Airbama, and more halftime performances by Young TJ. She stated it is May 3, 2008 at 7:00 p.m. and the cost is $10; the proceeds go to all of the summer youth sports programs in the City of
REPORT, RE: WICKHAM PARK EVENT
She stated she has been meeting in her office with the kids who are in charge of putting together an event to be held at
REPORT, RE: THANKS TO COMMISSIONER NELSON
Commissioner Colon thanked Commissioner Nelson for the wonderful job he did at the Space Workshop; she left to go to
Chairman Scarborough stated he wants to put Commissioner Bolin on notice as last week Commissioner Colon had something fantastic, Commissioner Nelson had something fantastic, and inquired what Commissioner Bolin was going to do to beat that. Commissioner Bolin stated she has Barnum and Bailey Circus; she is really going to have an excellent government efficiency workshop coming up on May 13, 2008; and she encouraged everyone to attend as it will be a very active meeting.
REPORT, RE: ASIAN PACIFIC COMMUNITY FESTIVAL
Commissioner Colon stated on Saturday the Asian Pacific community is also having a wonderful yearly festival; that will be held at the park on S. R. 520; that event provides wonderful delicious Filipino food; and the egg rolls are especially delicious and encouraged the community to get in line as those go really fast.
REPORT, RE: VETERAN’S EVENT
Commissioner Colon stated the Vietnam Veteran’s event was incredible this weekend; and she wants to thank County Parks and Recreation for the cooperation it gives the organization every year.
REPORT, RE: MEETING WITH SENATOR
Commissioner Colon stated while she was in Washington, D.C. she was able to meet with Senator Mel Martinez and he sends his greetings, best wishes, and he was very proud of the things that are being done in Brevard County in making sure that if the local government does not do it no one will.
ITEMS TO BE TABLED
Zoning Manager Rick Enos stated Items VI.A.1 and VI.A.2 are requested to be tabled to the May 29, 2008 Board of County Commissioners meeting.
Chairman Scarborough called for the public hearing to consider items to be tabled, as follows:
Item VI.A.1. (Z0711502) John M. Gayden, Jr.’s request for a Small Scale Plan Amendment (08S.05) to change the
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.A.1. to the May 29, 2008 Board of County Commissioners meeting. Motion carried and ordered unanimously.
Item VI.A.2. (Z0801401) Timothy Strickrath Developer, Inc.’s request for a Small Scale Plan Amendment (08S.02) to change the Future land use from NC to CC, and a change from AGR to BU-2, with removal of a BDP on 5.99 acres, ±, located on the west side of U.S. 1, north of Friendship Place.
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to table Item VI.A.2. to the May 29, 2008 Board of County Commissioners meeting. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RECOMMENDATIONS OF THE PLANNING AND ZONING
BOARD OF MARCH 7, 2008
Chairman Scarborough called for the public hearing to consider the recommendations of the Planning and Zoning Board March 7, 2008 as follows:
Item VI.B.1. (Z0804301) Abbott Manufactured Housing, Incorporated, Leonard Hearndon, Linda Stryker, Loretta Mikulskis, and Thomas Scott’s request for a Small Scale Plan Amendment (08S.07) to change the Future Land Use Designation from Residential 10 to CC and a change from RU-2-8 to BU-1 on 5.897 acres located on the north side of Barefoot Boulevard, running from the Indian River, west across U.S. 1 to the FECRR, which was recommended for approval by the Planning and Zoning Board, with the east side not to be included in the zoning.
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.1. as approved by the Planning and Zoning Board; and to adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Seventh Small Scale Plan Amendment of 2008, 08S.07, to The Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled The Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.
Item VI.B.3. (Z0804101) Carlos (Jr.) & Alethea Merced’s request for a change from GU to AU on 1.05 acres located on the southwest corner of Canaveral Groves Boulevard and Knoxville Avenue, which was recommended for approval by the Planning and Zoning Board.
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.3. as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.
Item VI.B.4. (Z0804102) Wayne O. Manning’s request for a change from AU to RU-1-13 on 0.73 acre located on the west side of Singleton Avenue, south of Highway 46, which was recommended for approval by the Planning and Zoning Board.
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.4. as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.
Item VI.B.5. (Z0804103) Donna M. Hakanson’s request for a change from AU and GU to all AU on 7.14 acres located on the east side of Florida Palm Avenue, north of Areca Palm Street, also having frontage on the west side of Fishtail Palm Avenue, north of Areca Palm Street, which was recommended for approval by the Planning and Zoning Board.
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.5. as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.
Item VI.B.6. (Z0804201)
and east of , which was recommended for approval by the Planning and Zoning Board, with the recommendation that RV/Boat Storage be added to the existing BDP.
Commissioner Nelson requested that the Merritt Island Redevelopment Agency’s comments be included.
There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.6. as recommended by the Planning and Zoning Board, with RV/Boat Storage to be added to existing BDP; and including the Merritt Island Redevelopment Agency’s comments. Motion carried and ordered unanimously.
Item VI.B.2. (Z0804401) Ibrahim and Haroon Real Estate, Inc.’s request for a Small Scale Plan Amendment (08S.08) to change the Future Land Use Designation from NC to CC and a change from RU-2-4 to BU-1 on 2.51 acres ±, located on the northeast corner of Highway 1 and Robles Lane, north of Viera Boulevard, which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board.
Jim Staylor, Representative of the Homeowners Association of River Oaks, stated he is speaking in opposition of the rezoning of the property. He advised that River Oaks Estates is a relatively new homeowners association with multi-million dollar homes situated just south of
be BU-1-A or RP; either one of those would be acceptable to that area; and RP would also complement what the developer told people would be going on that lot. He advised the Board has in its package a drawing of the buildings which the applicant plans on putting in there; that drawing does not depict buildings or use of that property that can legally be done at this time; on that drawing it shows an exit on the south end of that property exiting onto Robles Lane; Robles Lane is not a public road; it is a private road owned by the homeowners for the exclusive use of the homeowners; and without that exit these buildings cannot be built. He stated the applicant is asking for a rezoning for a set of buildings which cannot be built. He stated the Homeowners Association had a
meeting with Dr. Niazi who is the owner of the property and the one that will be
developing the property; the meeting was held two days ago at the direction of the Planning and Zoning Board for Dr. Niazi to have a discussion with the Homeowners Association to work out the details on what will be going on that property; and there was representatives from the Homeowners Association and Room Scapes, which is the high end appliance store on the other corner. He advised the homeowners covered with Dr. Niazi the displeasure of some of the activities that could be put on there; he assured the homeowners at that time that this would be professional-type complexes; he even compared it to buildings built by Nick Rahal north on U.S.1; and that is the type of buildings and use that Dr. Niazi planned for his property. He stated professional buildings would be acceptable to the Homeowners Association as they would have no objection to that; and in order for Dr. Niazi to put buildings on that property, which would be acceptable to the homeowners association, and based upon what he says he wants there RP would be the proper designation for the land. He stated if the Board does not grant the RP designation at the meeting for the property, he would suggest the Board table the item so the Homeowners Association can continue in reaching an acceptable agreement.
Commissioner Voltz stated she did not have a copy of any plans. Mr. Staylor advised if there is a copy machine close copies can be made from his copy of the plan. Chairman Scarborough inquired where Mr. Staylor got a copy of the plan; with Mr. Staylor responding he received it from the engineer that drew it; and the engineer told him it was supplied to the Board as it was supposed to be part of the package. Chairman Scarborough stated the Planning and Zoning Department is indicating that is not true.
Jake Wise, Civil Engineer for the Project, stated he is present on behalf of the developer, Dr. Niazi, who is also present. He stated the Planning and Zoning Board, as the Board is aware, did agree it is a compatible use, land use and zoning, with a BU-1; BU-1 is up and down the majority of U.S. 1; there is BU-1 to the south of the property; the park is to the north of the property; and north of there it is BU-1 again. He advised it is a good compatible use for the area; the specific site is unique and has a lot of frontage; the rear portion of the site is wetlands; and with a commercial zoning wetlands cannot be impacted at all under the Code. He stated there is a tight amount of frontage on the site; the site plan was not submitted as part of the application; it is a site plan that they worked on to figure out what could be put on the site; but they were not able to apply to
Land Development until the proper zoning and land use was obtained. He advised staff would not allow them to do a current review so he is before the Board to request the land use and zoning be allowed for the BU-1 and the commercial. He stated on the west side of U.S.1 there is industrial zoning, then it is commercial zoning his client is requesting, and behind the subject property the existing subdivision mentioned earlier has a very large buffer between; and it is actually one of the more significant buffers he has seen anywhere up and down U.S. 1 or Wickham Road or any of the major corridors in Brevard County between the commercial and the residential zoning. He noted there is about eight-tenths of an acre on the rear portion of the subject site that is going to be a preserved wetland, plus the upland buffer; they have Tracts B and C within their plat that is almost five acres, and he can provide a copy of that to the Board; before getting to the first house it is a very thick area so it is not something that can be seen through very well; and it provides quite a significant buffer from U.S. 1 and the proposed
development. He stated that conceptual site plan that was distributed to the Board, what he has done as a civil engineer is to design the optimum site for traffic safety; the safest traffic routing for the project site would be to locate the driveway that the Board sees at the top of the sheet as far north, as far away from the Robles Lane intersection as possible; that is what the Florida Department of Transportation (FDOT), which U.S. 1 is its jurisdiction, that is the first thing it would try to require them to do; in doing so to come all the way down to the south in the site and be able to utilize the site, the engineers at the time of working on the conceptual site plan thought that Emergency Services would not allow them to have that long of a dead end that it would have to try to turn around or back out or something like that; so they proposed a connection to Robles Lane. He stated being at the premature level of just zoning and land use and not going for site plan approval at this time he did not pursue trying to get a driveway permit and talk to the Homeowners Association prior to the Planning and Zoning meeting; there was the Planning and Zoning meeting that the Board asked them to go to; that is why it was done after the fact; and he wanted to make sure the Board was aware of that. He advised the allowable uses in BU-1 are very similar to what is seen up and down that corridor; and because of its presence on there and the value of the land a lot of the types of uses that was heard earlier that are potential uses would not be feasible. He stated they are planning on an office flex-space type of use; that is what is identified in the plan; he wanted to make sure the homeowners understood that warehouses for example, are not an allowable use in BU-1 and it is not something that would be proposed; and suggested that the owner of the property speak about that if that is acceptable to the Board.
Dr. Niazi stated he wants to point out that Mr. James Staylor who was just here does not own a property in River Oaks Estates, he is a boyfriend of the owner, and has not provided him with any legal documentation that he is the true representative of the Homeowners Association. He stated at the last meeting only one or two homeowners were present; some of the homeowners have expressed a concern that they do not necessarily agree with Mr. Staylor; and the accusations he has made are not correct or appropriate. He stated he pointed out to Mr. Staylor that this would not be used for warehouses, muffler shops, or automotive; he can give it to him in writing and he began
recording him without letting him know in advance that he was going to do that; but he continued the meeting because he did not want to walk out of that meeting. He stated
was developed by him and he has an easement to the property, which is very adjacent to U.S. 1; is a very long road; and it is a very good buffer between the residential lots and the commercial property.He stated he is concerned that the Board may table the item when the Planning and Zoning Board has already approved it; it compatible with the land use in that area; and he does not understand as he has given his word that he has no problem in telling the residents what the use is going to be.
Chairman Scarborough stated everyone knows that he or she is going to die, but no one knows when and how; if Dr. Niazi has a heart attack on the way out of the meeting his promise becomes worthless and the Board has rezoned the property; Dr. Niazi’s civil engineer can advise him how the Board enters into Binding Development Plans that become part of the process; and that is what is done rather than having the testimony before the Board. He stated if Dr. Niazi wants to enter into some limitations it should be done through the legal process, which becomes a part of the zoning. Dr. Niazi stated that is appropriate.
Commissioner Voltz stated if Dr. Niazi has specific limitations, he can identify exactly what it is that he is going to be doing with the property; and if he is fine with doing a Binding Development Plan for what he is going to be doing, she does not see a problem with it. Chairman Scarborough stated what the Binding Development Plan says normally is shared with the residents and it becomes a part of the discussion; the Board does sometimes have the site plan as a part of the binding site plan or as attachment to the BDP; and it may be best for the Board rather than entering into a halfway thing it should be tabled it.
Commissioner Nelson stated because of its proximity to the park he would like to see a vegetative buffer in between the park; and that would be a part of the BDP. Commissioner Voltz inquired what park; with Commissioner Nelson responding the area to the north of that park. Commissioner Voltz stated there appears to be tons of buffers there. Commissioner Nelson stated it is a nature park; the Board is looking at it in such a way that the entrance is almost right at the property line; and it is the most passive park use in the system. Commissioner Nelson stated the applicant can leave that buffer; and that is what he is asking. Commissioner Voltz inquired if Commissioner Nelson is suggesting that the Board put what it wants and then bring it back. Chairman Scarborough stated he tells people when they come into his office that if he does not get the BDP in by Monday before the Thursday where the community cannot see it, he will vote against it or ask it to be tabled. He stated there are less sophisticated people with limited time and they need to be afforded the opportunity to understand what the Board is doing; the Board does not even have anything before it this evening; and he cannot vote for this. Chairman Scarborough stated there has been a discussion; there is some understanding what the concerns are; Commissioner Nelson had a few more concerns;
but if the BDP is circulated through the community it would allow the Board to discuss approval with a BDP as opposed to a shot in the dark. Commissioner Voltz stated it would come back on May 29, 2008.
Commissioner Bolin stated the next Zoning meeting is May 29, 2008; but inquired how much time does the applicant feel he needs to do this and get back with the homeowners that are concerned. She advised the Board will be taking a break in June and if this can be done in a shorter amount of time she would certainly entertain it. Commissioner Voltz stated in case another issue comes up she does not want to have to wait until after the break. Chairman
Mr. Wise inquired if the applicant will also go back before the Planning and Zoning Board; with Commissioner Voltz responding no. Mr. Wise advised they are ready to proceed with the site plan currently.
Commissioner Colon stated she wants to make sure what the concerns are with the homeowners; and inquired what Mr. Staylor’s concerns are. Mr. Staylor stated he wants to ensure the Board he has representation for the Homeowners Association; and he distributed a document to the Board showing he was authorized to do so. He stated Dr. Niazi alluded to the fact that Mr. Staylor did not have legal authorization for the Homeowners Association; he has had that ever since day one; and he works closely with them. He stated they met with Dr. Niazi; that meeting, as Mr. Niazi said, was
recorded; and it was the first thing that was done. Commissioner Colon advised the item will come back to the Board May 6th; when there is a concern by the citizens the Board likes the applicant and the citizens to get together; they may or may not agree; and it does not necessarily mean everything the citizens suggest is going to be approved by Board. She stated at that point it allows the citizens to share some of the concerns; they are able to speak to the applicant; it is put there in black and white; and then it comes back before the Board. She advised the sooner it is done the better; so the next Board meeting would be May 6th. She stated she did not want Mr. Staylor to leave the meeting with a false sense of security thinking that everything the homeowners want is going to be approved by the Board.
Chairman Scarborough stated he cannot go for May 6th as he thinks it is a tremendous burden to put together a BDP; and for this group to understand the significance of it. Mr. Staylor advised he will be leaving town next week. Chairman Scarborough stated if the Board had the BDP before it this evening and there were questions on it May 6th could work. He stated it is impossible having something together by then. Commissioner Colon stated that the reason she is going through the process of explaining why it is important to meet as soon as possible; and inquired how long Mr. Staylor is going to be out of town. Mr. Staylor responded four days. Commissioner Colon inquired what other meetings are scheduled in May; with Deputy Clerk Tammy Etheridge responding May 20th is another regular meeting. Commissioner Colon stated the concern of the Board is
that it likes to take care of business before June. She would like to hear from Mr. Staylor kind of like one, two, and three of things that just stand out to him so she can personally hear what the concerns are.
Mr. Staylor stated the Homeowners Association would not have objected to the property being rezoned RP as RP would be inline to what Dr. Niazi told them at the meeting that the buildings were going to be, and what Mr. Wise said, which were for professional buildings. He stated he spoke to the engineering department who drew it up; they were basically designed as being warehouses; there is only 1,200 feet classified as an office; the rest of the 15,000 feet is warehouses with rollup front doors; and it is not what Dr. Niazi said at the meeting. He stated Dr. Niazi offered his gentlemen’s agreement but the Homeowners Association would like it in writing. He stated there needs to be a buffer between the commercial activity he is putting on the property and the recreation of the park.
Commissioner Colon stated the homeowners want to make sure it is professional offices with a vegetated buffer; those are the only things that the community has a problem with; and she wanted to be sure what the Board is looking at. Commissioner Colon inquired if the applicant has any issues with either suggestion made by the community; with Mr. Wise responding they would like to try to meet tomorrow and make the May 6th meeting. Chairman Scarborough stated it gives the applicant the opportunity in a few minutes to meet and make sure all of the comments are fully explored.
Commissioner Nelson stated he does not want this rushed as it is forever; there are two meetings, the 20th and the 29th as a failsafe; and if it that fowled up by the 29th then it probably needs to be delayed further.
Commissioner Voltz inquired if it is just going to be an office building if RP would work in there; with Zoning Official Rick Enos responding it would be adequate to control the use as professional office, but it does not address the extra buffer issue on the north side. Commissioner Voltz stated if the Board can do RP then it will not have to be brought back to another meeting. Dr. Niazi stated when he met with the homeowners he said it was not just going to be RP to be retail business, floral shop, or furniture store, but not an automotive shop or warehouse. She stated there is a list of things that can go into BU-1 and Dr. Niazi needs to identify the things that he would put in there and give that to the Homeowners Association; and that way they know exactly what it is.
Commissioner Nelson stated he has a problem taking a large vacant tract and calling it RP; he does not think that was ever the intent of that category; he would prefer to deal with it through some other appropriate zoning category with a binding development plan; and it would set the Board up for future arguments that almost anything can be RP.
Commissioner Bolin stated she wants to go on the record and state that the zoning around the property is BU-1; and she thinks the item should be tabled at this time and have it presented on May 20th. Commissioner Colon stated May 6th. Chairman Scarborough advised he will not support the 6th.
Motion by Commissioner Colon to table Item VI.B.2. to the May 6, 2008 Board of County Commissioners meeting.
Motion died for lack of a second.
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to table Item VI.B.2 to the May 20, 2008 Board of County Commissioners meeting. Motion carried and ordered unanimously.
Commissioner Colon inquired if the applicant and Homeowners Association are able to get together as soon as possible why the Board is getting in the way; with Chairman Scarborough responding he will not push himself. Commissioner Colon stated the Board gives a date and if both the applicant and the citizens say they need more time, they would tell the Board on May 6th. Chairman Scarborough stated he does not believe the Board does any service to the public when it needs to have the community paperwork at least over the weekend.
Joe Goldblatt stated he and his wife own Room Scapes of Brevard, which is the property adjacent to the south; and they hosted the meeting between the Dr. and the Homeowners Association. He stated if he was asked what his zoning is for his building, which is a high end showroom for cabinetry and appliances, he could not tell if it is BU or whatever. He stated there are certain areas of U.S. 1 throughout the County that are blighted back to when I-95 usurped the commerce in that area; a lot of businesses now that can afford to be on U.S. 1 that technically should not be if it was the major corridor that it used to be; over time the area he enjoys operating his business in, although it is zoned BU, through investments he has made, properties near him that have been built,
properties that have changed tenants, and the image and frontage along that area has improved greatly; and from
all the way down to Pineda Causeway where everythingthat has gone there in the last few years have been pretty much first class.He stated redevelopment authorities get created and everything else; and inquired if the Board has it in its power that once it recognizes an area like that to do whatever it can with its zoning criteria, not to recreate but to maintain and not to ratchet backwards that which certain zoning requirements might allow.
Chairman Scarborough stated one of the interesting things the Board does get involved in time-to-time is called Small Area Planning; this is something Commissioner Bolin can get into with him; the Board has done some in his district recently; Commissioner Nelson has been very much engaged with them; but it talks about how the different communities merge and they can create sort of a compatibility rather than just looking at the legal concepts more of the intangibles. He stated Mr. Goldblatt may want to talk to Commissioner Bolin about that and she could help him. He stated it is wonderful that there is a person who is in the commercial side concerned about the residential integrity as it is the integrity of how they blend and create a community is where these discussions go. Mr. Goldblatt stated they have a unique community.
Upon motion and vote the meeting adjourned at 5:49 p.m.
ATTEST: _________________________________
TRUMAN
BOARD OF
___________________
SCOTT ELLIS, CLERK
(S E A L)