November 3, 2005 Zoning
Nov 01 2005
MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
November 3, 2005
The Board of County Commissioners of Brevard County, Florida, met in regular session on November 3, 2005 at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and Assistant County Attorney Morris Richardson.
The Invocation was given by Father Bill Zamborsky, Holy Spirit Catholic Church, Mims, Florida.
Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.
REPORT, RE: UNRESOLVED ZONING ITEMS
Commissioner Scarborough stated he has a couple of items that were previously tabled and are back on the agenda; however, they are not resolved; Forest Lakes and Parrish Development are good examples; and such items will have speakers in opposition. He noted it is prudent to table both items; but the applicants would like to be heard.
REPORT, RE: COMMISSIONERS’ APPOINTMENTS TO BOARDS AND COMMITTEES
Commissioner Voltz stated if the Commissioners have a certain board or committee they would like to be appointed to she will be doing boards and committees’ assignments within the next week or so; and requested the Commissioners email her office.
Commissioner Carlson stated it might be helpful if Commissioner Voltz tells the Board which boards and committees she would like to be appointed to.
REPORT, RE: "TERRORISM, WHAT DO WE HAVE TO FEAR" FORUM
Commissioner Carlson advised of a forum she moderated last night titled, "Terrorism, What Do We Have to Fear"; stated it was sponsored by the League of Women Voters; the forum was recorded by Space Coast Government Television (SCGTV) staff; and requested the recorded forum be placed on SCGTV for the public’s review.
REPORT, RE: LIFE CHOICES EVENT
Commissioner Colon stated she is excited about the Life Choices event, which will be held next Monday at Calvary Chapel at 7:00 p.m.; it is a community event; and elected officials, law enforcement, and guest speakers will be present to speak to the youth.
REPORT, RE: INSURANCE RATES
Chairman Pritchard stated an article in the newspaper recently said insurance rates may blow off the roof and a bad year means higher premiums; Swiss Reinsurance Company, the world’s second largest re-insurer said the global insurance industry could face more than $20 billion in claims from Hurricanes Rita and Wilma; and inquired is it going to affect Brevard County.
County Manager Peggy Busacca responded it could; the County will be renegotiating its insurance in May 2006; and staff will let the Board know as it occurs.
REPORT, RE: HOME RULE CHARTER
Chairman Pritchard stated the Home Rule Charter was amended in November 2004, but the County does not have the new booklets; and inquired when they will be available.
REPORT, RE: VETERANS DAY
Chairman Pritchard reminded everyone about Veterans Day, which is one week away; and requested individuals display their flags, and remember the veterans and military.
Commissioner Voltz advised there will be a Red, White, and Blue Festival at Honor America next weekend; and requested everyone support the veterans.
RESOLUTION, RE: COMMENDING EAGLE SCOUT NICHOLAS BRYAN ZEHR
Chairman Pritchard read aloud a resolution recognizing and commending Nicholas Bryan Zehr for attaining the rank of Eagle Scout.
Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing and commending Nicholas Bryan Zehr for attaining the rank of Eagle Scout and offering congratulations and best wishes for a successful future. Motion carried and ordered unanimously.
Nicholas Bryan Zehr expressed appreciation to the Board for the commendation Resolution.
Chairman Pritchard presented the Resolution to Mr. Zehr.
RESOLUTIONS, RE: EXPRESSING APPRECIATION TO CALVARY CHAPEL, JOHN AND
DEBBIE PHILLIPS, OFFICER DAVE MILLER, AND EDDIE HAMANN
Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolutions expressing appreciation to Calvary Chapel, John and Debbie Phillips of Life Choices, Officer Dave Miller of Palm Bay Police Department, and Eddie Hamann of Andretti Thrill Park for their outstanding efforts in increasing the quality of life for the youth of Brevard County. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: TABLED ITEMS
Chairman Pritchard called for the public hearing to consider items tabled from the November 4, 2004, February 3, 2005, April 7, 2005, May 5, 2005, May 19, 2005, August 4, 2005, September 1, 2005, October 6, 2005, and October 11, 2005 Board of County Commissioners meetings, as follows:
Item V.A.1. (Z0508109) Forest Village Florida Group, L.C.’s request for change from TR-3 to RU-2-15 on 32.75 acres located on the west side of Tucker Lane, south of SR 520, which was recommended by the P&Z Board for approval with a Binding Development Plan limiting density to 266 units.
’s request for change from TR-3 to RU-2-15 on 32.75 acres located on the west side of Tucker Lane, south of SR 520, which was recommended by the P&Z Board for approval with a Binding Development Plan limiting density to 266 units.
Attorney Cliff Repperger, representing the applicant, requested the item be tabled.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.A.1. to the December 1, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.
Item V.A.2. (Z0410303) Micco Farm and Grove, Inc.’s request for change from GU and AU to RR-1 on 760± acres located on the south side of Micco Road, west of Bird Drive, which was recommended by the P&Z Board for approval.
’s request for change from GU and AU to RR-1 on 760 acres located on the south side of Micco Road, west of Bird Drive, which was recommended by the P&Z Board for approval.
Chairman Pritchard advised that the item has been withdrawn by applicant.
Item V.A.3. (Z0505104) Real Estate Investment Depot, LLC’s request for change from AU to RU-1-11 on 7.68 acres located on the north side of Main Street, west of Hammock Road, which was recommended by the P&Z Board for denial.
’s request for change from AU to RU-1-11 on 7.68 acres located on the north side of Main Street, west of Hammock Road, which was recommended by the P&Z Board for denial.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to deny Item V.A.3. as recommended by the P&Z Board. Motion carried and ordered unanimously.
Item V.A.4. (Z0507111) Robert J. and Carol A. Robertson’s request for change from AU to RR-1 on 4.6 acres located on the southeast corner of Dixie Way and Burkholm Road, which was recommended by the P&Z Board for denial.
’s request for change from AU to RR-1 on 4.6 acres located on the southeast corner of Dixie Way and Burkholm Road, which was recommended by the P&Z Board for denial.
Robert Robertson requested the Board table the item until February 2006.
Commissioner Scarborough suggested Mr. Robertson work with the community.
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.A.4. to the February 2, 2006 Board of County Commissioners meeting. Motion carried and ordered unanimously.
Item V.A.5. (Z0507113) Parrish Development, LLC’’s request for change from AU to RR-1
’s request for change from AU to RR-1on 19.34 acres located on the north side of Parrish Road, east of U.S. 1, which was recommended by the P&Z Board for approval.
Commissioner Scarborough stated his preference is to table the item.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.A.5 to the
December 1, 2005 Board of County Commissioners meeting. Motion carried and ordered
unanimously.
Item V.A.6. (Z0507301) Rushing Wind, LLC’s request for change from AU to RR-1 on
’s request for change from AU to RR-1 on28.9± acres located south of Micco Road and west of Dottie Drive, which was recommended
by the P&Z Board for approval.
Bill Buchman and Steve Austin requested the Board support the zoning change request from
AU to RR-1 as the request is compatible with the Future Land Use zoning.
Rich Boychuk, Ted Firlein, Al Thorn, and Vicki Benoit advised of their opposition to the
request by Rushing Wind, LLC.
Discussion ensued concerning proposed homesites, greenway trails, Sebastian buffer
preserve, high-density development, environmentally sensitive park, negative impacts, scarring
from human intrusion into the park, C-54 Canal, drainage ditches, annexation of lands, Crystal
Bay, binding development plan, joint planning agreement; policies on floodplains, density, and
landscaping; Comprehensive Plan change, master plan, and diversity issues.
Commissioner Voltz stated she wants to do what is right for the majority of the community; and
the majority says one unit per acre is okay.
Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to approve Item V.A.6.
as recommended by the P&Z Board. Motion carried and ordered; Commissioners Scarborough
and Colon voted nay.
Item V.A.7. (Z0508111) Forest Lakes Partners, LLC’s request for change from GU to TR-3 on 76 acres on the north side of Pluckebaum Road, west of I-95, which was recommended by the P&Z Board for approval with a Binding Development Plan limiting density to less than 80 units, and applicant agreeing to share in the cost to maintain the existing road and gated entry in perpetuity.
request for change from GU to TR-3 on 76 acres on the north side of Pluckebaum Road, west of I-95, which was recommended by the P&Z Board for approval with a Binding Development Plan limiting density to less than 80 units, and applicant agreeing to share in the cost to maintain the existing road and gated entry in perpetuity.
Commissioner Scarborough stated the item needs more work; and requested the item be
tabled.
Gary Potter, representing Forest Lakes Partners, LLC, advised of the project and requested the Board support the request for zoning change classification from GU to TR-3.
Brian Belanger requested the item be tabled for a delineation environmental study to be done by the County before a decision is made by the Board; and advised of flooding issues in the area.
Discussion continued concerning traffic problems on S.R. 520 and Tucker Lane, proposed units at Forest Village, concerns with traffic configurations, runoff problems, property access, binding development plan, and working with the applicant.
Richard Kern, Engineer for Forest Lakes Partners, LLC, advised of completion of an environmental study by Atlantic Environmental; stated the wetlands have been flagged and verified by St. Johns River Water Management District; the applicant is aware of the drainage problems on the site; and he is proposing only to develop a small portion of the site, which would be the highest portion. He stated Forest Lakes Partners, LLC would have to comply with all City, State, and County rules as far as preventing any drainage on the property, and not have any negative impacts on Forest Lakes as well.
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.A.7. to the February 2, 2006 Board of County Commissioners meeting. Motion carried and ordered unanimously.
The meeting recessed at 7:01 p.m. and reconvened at 7:13 p.m.
Item V.A.8. (Z0508402) Diamonte Sands, LLC’s request for change from BU-1 to RU-2-15 on 0.362 acre located on the east side of Highway A1A at the eastern terminus of Berkeley Street, which was recommended by the P&Z Board for approval.
’s request for change from BU-1 to RU-2-15 on 0.362 acre located on the east side of Highway A1A at the eastern terminus of Berkeley Street, which was recommended by the P&Z Board for approval.
Commissioner Carlson advised of a Letter of Intent from the applicant; stated there is a piece of property to the south that the County is interested in acquiring; it would like to swap that out for part of the applicant’s property at some point in the future; and the applicant has agreed to do that in the Letter. She read the Letter of Intent into the record.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item V.A.8. as recommended by the P&Z Board and recognize Letter of Intent from the applicant. Motion carried and ordered unanimously. (See page for Letter of Intent.)
Item V.A.9. (NMI50901) Unity Church of Central Brevard, Inc.’s request for change
’s request for changefrom BU-1 to BU-2 on the west 250 feet of 3.4± acres located west of North Courtenay
Parkway, north of the Barge Canal, which was recommended by the North Merritt
Island Dependent Special District Board for denial.
Chairman Pritchard advised the item has been automatically tabled to the December 1,
2005 Board of County Commissioners meeting by letter received October 14, 2005.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.A.9. to the
December 1, 2005 Board of County Commissioners meeting. Motion carried and ordered
unanimously.
Item V.A.10. (NMI50702) George A. and Barbara H. Ogle’s request for change from AU
’s request for change from AUto RR-1 on 21 acres located on the northeast corner of North Tropical Trail and Church
Road, which was recommended by the North Merritt Island Dependent Special District Board
for denial.
John Evans, representing the applicant, provided information to the Board and the Clerk
concerning the project; stated there are no traffic, drainage, police, or school issues that have
been raised by County staff; his client’s property is surrounded by lower zonings; and the map
conclusively indicates that the property is compatible with the surrounding zonings. He advised
the staff report indicates the Board, less than nine months ago, rezoned an abutting
piece of property on the Indian River from AU to RR-1, the same zoning his client is
seeking; and requested the Board support the zoning change request of the applicant from AU
to RR-1.
Loys Ward stated the existing use of the property is an unproductive citrus grove; the land use
designation is residential two units per acre; the present zoning is AU; and based upon the fact
the current use of zoning is no longer viable, the existing AU zoning no longer serves a
legitimate public purpose. He advised the request is to rezone 21 acres from AU to RR-1; and
RR-1 zoning is compatible and consistent with the surrounding properties. Mr. Ward stated
based upon the staff report, the proposed rezoning would maintain existing and acceptable
levels of service for traffic, utilities, and police and fire protection; and such report does not
indicate there is a level of service issue related to schools. He advised the rezoning
request is consistent with the Comprehensive Plan and complies with all procedural
requirements of the County’s Zoning Ordinances. Mr. Ward requested the Board
support the applicant’s rezoning request.
Jim Stone, Mary Jane Nail, and James Ogle advised of their support for the applicant’s rezoning
request.
Daan Van Aldernerelt, Shaye Williams, Marilyn Wetmore, Celia Williams, Linda Noble, and
John Willis advised of their opposition to the Ogles’ rezoning request.
Discussion ensued concerning consistency with the Comprehensive Plan, compatibility with
surrounding zonings, density issues, land use designation, flooding issues, traffic
concerns, water retention system, deep retention ponds, property rights, catastrophic events,
Brevard County regulations, Open Space Ordinance, Crisafulli Road, Citizens Resource Group
(CRG), level of service issues, and Small Area Plan.
Chairman Pritchard stated the issue is not going to be resolved tonight; he has a CRG that is
working in the area right now; he wants to see what the results of that group effort are and see
how reasonable they are; and while he is in favor of keeping densities low he also realizes there
is a certain cost involved. He noted he feels an obligation to wait for the results of the study;
the Board will see the reasonableness of it; and then it will go from there.
Chairman Pritchard passed the gavel to Vice Chairman Voltz.
Motion by Commissioner Pritchard, seconded by Commissioner Colon, to table Item V.A.10. to
the February 2, 2006 Board of County Commissioners meeting. Motion carried and
ordered unanimously.
Vice Chairman Voltz passed the gavel to Chairman Pritchard.
Item V.A.11. (Z0509107) Barbara A. Roach’s request for change from AU to RR-1 on 2.13 acres located on the northeast corner of Panther Lane and Tomato Farm Road, which was recommended by the P&Z Board for approval.
Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve Item V.A.11. as recommended by the P&Z Board. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RECOMMENDATIONS OF THE PLANNING AND ZONING BOARD
OF SEPTEMBER 12, 2005 AND OCTOBER 10, 2005
Chairman Pritchard called for the public hearing to consider the recommendations of the Planning and Zoning Board made at its meetings of September 12, 2005 and October 10, 2005, as follows:
Item V.B.1. (Z0510301) Item withdrawn from the agenda.
Item withdrawn from the agenda.
Item V.B.2. (Z0510302) North Cypress Reserve, Inc.’s request for CUP for land
’s request for CUP for landalteration in GU and AU zoning classifications on 353.28 acres located on the north side
of Micco Road, east of I-95, which was recommended by the P&Z Board to table to its
November 7, 2005 meeting and the December 1, 2005 Board of County Commissioners
meeting.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.B.2. to the
November 7, 2005 P&Z Board meeting and December 1, 2005 Board of County Commissioners
meeting as recommended by the P&Z Board. Motion carried and ordered unanimously.
Item V.B.3. (Z0510401) Michael K. Vaden’s request for change from RU-1-9 and BU-1-A to RP on 0.71 acre located on the east side of U.S. 1, north of Post Road, which was recommended by the P&Z Board for approval.
Commissioner Carlson noted she wants to make sure the applicant is not going to have any classrooms and it will be strictly administrative.
Michael Vaden, owner of Gryphon Group Security Solutions, stated that is correct; his Company trains approximately 2,500 soldiers, Marines, Sailors, and Airmen each year who are on their way to combat in Iraq, Afghanistan, or other parts of the world; and the building would house the administrative side of that.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item V.B.3. as recommended by the P&Z Board. Motion carried and ordered unanimously.
Item V.B.4. (Z0510501) WD Webb Realty, Inc.’s request for Small Scale Plan Amendment (05S.14) that proposes to change the Future Land Use Map designation from Neighborhood Commercial to Community Commercial; and change from RU-1-7 to BU-2 on 0.88 acre located on the south side of West New Haven Avenue, west of Elm Street and east of Wood Street, which was recommended by the Local Planning Agency and P&Z Board for approval.
Fred Hartmann and John Oglesby advised of the project; and requested the Board’s approval of the request.
Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve Item V.B.4. as recommended by the Local Planning Agency and 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 Fourteenth Small Scale Plan Amendment of 2005, 05S.14, 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 V.B.5. (Z0510101) Ricky E. and Dorothy L. Davis’ request for change from RR-1 to AU on 3.28 acres located on the south side of Sorrel Drive, east of Adamson Road, which was recommended by the P&Z Board for approval with a Binding Development Plan limiting horse boarding operation to eight horses to take effect within 90 days of the recording of the Binding Development Plan.
Dot Davis requested the proposed property be rezoned from RR-1 to AU so she and her husband may board horses.
Paul Zeps and Anita Zeps, advised of their opposition to the applicant’s rezoning request to AU.
Discussion ensued concerning current zoning and surrounding properties, Code violations, compatibility issues, property values, variance from the Board of Adjustment (BOA), flooding issues, surrounding properties, odor from horse stables, and homeowner association covenants.
Commissioner Scarborough stated the County needs to extract the horse issue from the zoning issue; and inquired is AU, outside of a horse issue, compatible in the area or should the zoning be RR-1. He noted the horse issue comes up with the boarding with the Board of Adjustment (BOA) rather than the Board of County Commissioners; in looking at the zoning map there is RR-1 zoning around the area; it is out of character with the area to have AU zoning; and he is going to deny the rezoning request. He stated it is not a horse issue and is a zoning issue.
Motion by Commissioner Scarborough, seconded by Commissioner Colon, to deny Item V.B.5. Motion carried and ordered unanimously.
Item V.B.6. (Z0510102) Thomas K. and Imogene A. Mullins and George R. Chaney’s request for Small Scale Plan Amendment (05S.13) that proposes to change the Future Land Use Map designation from Residential 1 and Neighborhood Commercial to Community Commercial; and change from AU to BU-1 on 8.226 acres located on the northeast corner of Maebert Road and U.S. 1, which was recommended for approval by the Local Planning Agency and P&Z Board.
Kelly Mullins advised of the elements he is agreeing to in a binding development plan for the
property in question, including no bar, no nudity facility, and no gas station.
Commissioner Scarborough stated he understands it has been subsequently agreed to tonight
that Mr. Mullins can have the gas station if and when there is public water; and the residents
are concerned about their shallow wells.
Gloria Colarchik stated once Mims gets a water utility service in, then the residents would be
okay with a gas station; there would be a sit-down restaurant with a main menu, and
beer and wine only; the residents do not want pornography stores or strip stores; and they
request the buffer be extended due to the corner having a school bus stop.
Commissioner Scarborough stated there is not a prohibition against beer and wine; it should not
be a bar environment; and it can be included in a binding development plan.
Cary Eide advised of his opposition to the rezoning request; stated he did not buy a house to
look at a business directly across the street from him; and stated he would like the buffer to be
150 or 200 feet.
Commissioner Scarborough suggested the item be tabled for further work on the issues.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item
V.B.6. to the December 1, 2005 Board of County Commissioners meeting. Motion carried and
ordered unanimously.
Item V.B.7. (Z0510103) Christopher J. and Cindy-Lou Blach’s request for change from GU to AU on 2.23 acres located on the east side of Pine Street, south of Date Palm Street,
which was recommended for approval by the P&Z Board.
Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve Item V.B.7. as
recommended by the P&Z Board. Motion carried and ordered unanimously.
Item V.B.8. (Z0510104) Charles B. Gatlin and Dwayne White’s request for change from
AU to RR-1 on 3.4 acres located on the northeast corner of Lionel Road and Hammock Road, which was recommended for approval by the P&Z Board.
Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve Item V.B.8. as recommended by the P&Z Board. Motion carried and ordered unanimously.
Item V.B.9. (Z0510201) Arthur P. and Janice L. Eide’s request for change from RR-1 to AGR on 7.59 acres located on the east side of Cox Road, north of Lake Drive, which was
recommended for approval by the P&Z Board.
Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve Item V.B.9. as
recommended by the P&Z Board. Motion carried and ordered unanimously.
Item V.B.10 (Z0510202) Brevard Ventures, Inc’s request for change from BU-1 with BSP to BU-2 with removal of the BSP on 3.9 acres located on the south side of Fortenberry Road,
east of Plumosa Street, which was recommended for approval by the P&Z Board.
Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve Item V.B.10. as recommended by the P&Z Board. Motion carried and ordered unanimously.
Item V.B.11. (Z0510203) David J. and Denise McDonald’s request for change from
GU to RU-2-15 on 19.82 acres located on the north side of Lake Drive, east of North Burnett
Road, which was recommended for approval by the P&Z Board.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.B.11. to the
December 1, 2005 Board of County Commissioners meeting. Motion carried and ordered
unanimously.
Item V.B.12. (Z0510204) M. Sue Cody, Trustee’s request for change from BU-1 to RU-2-30 with cap of 18.75 units per acre on 2.4 acres located on the west side of North
Tropical Trail, north of Myrtice Avenue, which was recommended for tabling by the P&Z Board
to its November 7, 2005 meeting and the December 1, 2005 Board of County Commissioners
meeting.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.B.12. to the
November 7, 2005 P&Z Board meeting and December 1, 2005 Board of County Commissioners
meeting as recommended. Motion carried and ordered unanimously.
Item V.B.13. (Z0510205) Wasim Niazi’s request for change from IU to PUD on 13.03
acres located on the south side of Cone Road, east of Plumosa Street, which was
recommended for tabling by the P&Z Board to its November 7, 2005 meeting and the December
1, 2005 Board of County Commissioners meeting.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.B.13. to the
November 7, 2005 P&Z Board meeting and the December 1, 2005 Board of County
Commissioners meeting as recommended. Motion carried and ordered unanimously.
Item V.B.14. (NMI51001) Matpenco, LLC’s request for change from AU to RR-1 on 40± acres located on the north side of Chase Hammock Road, east of Winding Way, which was recommended for tabling by the North Merritt Island Dependent Special District Board to its November 10, 2005 meeting and the December 1, 2005 Board of County Commissioners meeting.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.B.14. to the
November 10, 2005 North Merritt Island Dependent Special District Board meeting and the
December 1, 2005 Board of County Commissioners meeting as recommended. Motion
carried and ordered unanimously.
Item V.B.15. (NMI15002) Nancy J. Bell’s request for Small Scale Plan Amendment (05S.15) that proposes to change the Future Land Use Map from Neighborhood Commercial to Community Commercial and change classification from AU and BU-1 to BU-2 with Binding Development Plan on 5.865± acres located on the west side of SR 3, north of Crisafulli Road, which was recommended for approval by the LPA, and by the North Merritt Island Dependent Special District Board recommending approval of the Small Scale Plan Amendment to Community Commercial, and tabling of the change of classification from AU and BU-1 to BU-2 to the November 10, 2005 North Merritt Island Dependent Special District Board meeting and the December 1, 2005 Board of County Commissioners meeting.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.B.15. to the November 10, 2005 North Merritt Island Dependent Special District Board meeting and the December 1, 2005 Board of County Commissioners meeting as recommended. Motion carried and ordered unanimously.
Item V.B.16. (NMI51003) James H. and Patricia Ann Black’s request for change from PUD
and AU to all AU on 40 acres located south of Pine Island Road, west of Garrett Lane, which
was recommended for approval by the North Merritt Island Dependent Special District Board.
Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve Item V.B.16.
as recommended. Motion carried and ordered unanimously.
Item V.B.17. (Z0509205) Wing & Mary Ngo’s request for change from RU-1-11 to RU-2-15 on 1.68 acres located on the southeast corner of Worley Avenue and Banana River Drive, which was recommended to be tabled to the November 7, 2005 P&Z Board meeting and December 1, 2005 Board of County Commissioners meeting with no reprocessing fee required.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.B.17. to the November 7, 2005 P&Z Board meeting and December 1, 2005 Board of County Commissioners
meeting with no reprocessing fee required as recommended. Motion carried and ordered unanimously.
Item V.B.18. (Z0509101) Peppercorn and Peppercorn, Inc.’s request for change from AU and RRMH-1 to SR with Binding Development Plan limiting development to one unit per acre on 60 acres located on the south side of Irwin Avenue, west of Hammock Road, which was withdrawn by letter received October 7, 2005.
Item V.B.19. (Z0509102) Peppercorn and Peppercorn, Inc.’s request for change from AU to SR with Binding Development Plan limiting development to one unit per acre on 10 acres
located on the south side of Irwin Avenue, west of Hammock Road, which was withdrawn by
letter received October 7, 2005.
Item V.B.20 (Z0509103) Harold Lee Woodall, Robert D. Hollingsworth and Ursula C. Hollingsworth as Trustees, Travis and Gail Giffey, and Keith Merlin and Brenda C. Skalet’s request for change from AU to SR with Binding Development Plan limiting density
to one unit per acre on 85 acres located on the south side of Irwin Avenue, west of Hammock
Road, which was withdrawn by letter received October 7, 2005.
Item V.B.21. (Z0509104) Marshall W. Hafemeister, Arthur Eberhart and James
Tikal’s request for change from AU toSR with Binding Development Plan limiting density to one
unit per acre on 24.39 acres located on the north side of Brockett Road, west of Hammock
Road, which was withdrawn by letter received October 7, 2005.
Item V.B.22. (Z0509105) Bernard Hersch, Michael Block, Roper Harding Titusville
Partnership and Debra Buchalter’s request for change from GU, AU, and RU-1-9 to all
RU-1-9 with Binding Development Plan on 148.17 acres located on both sides of Parrish Road
and east of Holder Road, which was recommended by the P&Z Board for tabling until the
November 7, 2005 P&Z Board meeting, and December 1, 2005 Board of County
Commissioners meeting.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item V.B.22. to the
November 7, 2005 P&Z Board meeting and December 1, 2005 Board of County Commissioners
meeting as recommended. Motion carried and ordered unanimously.
Upon motion and vote, the meeting adjourned at 9:01 p.m.
___________________________________
ATTEST: RON PRITCHARD, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
______________________
SCOTT ELLIS, CLERK
(S E A L)