MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

October 6, 2005

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 6, 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, Assistant County Manager Ed Washburn, and County Attorney Scott Knox.

 

 

The Invocation was given by Reverend Titus Green, Minister to Young Adults and Singles, First Baptist Church of Merritt Island. 

 

 

Commissioner Carlson led the assembly in the Pledge of Allegiance. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to schedule an executive session on October 11, 2005 at 11:30 a.m. or as soon thereafter as possible  to discuss the City of Cocoa cases.  Motion carried and ordered unanimously.

 

 

 

Commissioner Scarborough stated there has been a request from the public, because the meeting may be long, to consider those items where there is no one in opposition after the Board considers the tabled items. 

 

Chairman Pritchard stated that is not a problem.

 

 

 

Commissioner Voltz stated she received an email concerning the need for a 4-H agent; and there are recurring funds to hire an agent.  Chairman Pritchard inquired how much money is there; with Commissioner Voltz responding there is $160,000 left in recurring funds, and an agent would be approximately $50,000.

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approve hiring a 4-H agent using recurring funds.  Motion carried and ordered unanimously.

 

 

 

 

 

Commissioner Voltz requested item V.A.1 be tabled as Mr. Logan has worked out things with a number of residents and needs time to put everything in writing.  She stated Dustin DeVos is present.  Commissioner Scarborough stated it is best to get all comments at the same time.    

 

Item V.A.1. (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 for approval by the Planning and Zoning Board

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table Item V.A.1 to the November 3, 2005 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

 

Commissioner Colon stated the Board received a letter from Sheriff Parker expressing interest in naming Jake’s Lake in honor of former Sheriff Jake Miller. 

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to name the lake at the Sheriff’s Farm as Jake’s Lake. 

 

 

Commissioner Scarborough inquired about County policies.  He advised he supports the action, but wishes to make sure they are in compliance with County policies.  Commissioner Colon stated she agrees with that.  Chairman suggested bringing the issue back at the meeting on Tuesday, October 11, 2005. 

 

 

 

Commissioner Colon stated the Women and Children’s Center will be having a grand opening at one of its storefronts at Sarno and Apollo Roads in Melbourne; and she invites everyone to attend.

 

 

 

Commissioner Colon stated next week on October 14, 2005 they will be having a summit with the State, County, School Board, and municipalities, as well as representatives from the federal side; and they will be focusing on joint planning agreements and concurrency.  She advised of the format; and stated a representative of the Department of Community Affairs has been invited.

 

 

 

 

 

Chairman Pritchard stated he went to the Pay as You Grow workshop in Maitland today; and commented on the program.  He stated Robin Sobrino, Steve Swanke, and Bob Kamm were
also present; and they are getting a leg up on Senate Bill 360 and how the County is going to adapt to get what it is entitled to.  He provided a copy of the meeting information to Assistant County Manager Ed Washburn, and requested he distribute copies to others.  

 

 

 

Chairman Pritchard advised of the problems with Brazilian pepper plants and the proactive efforts of Keep Brevard Beautiful; and suggested encouraging the group by giving it the money necessary to continue work on SR 528 on the east side of the bridge that is going in.  He stated $10,000 will take care of the entire south side of the causeway, east of the bridge to Merritt Island; and once they are done with that, then the Board can look at funding the north side and moving into other areas. 

 

Chairman Pritchard passed the gavel to Vice Chairman Voltz.

 

Motion by Commissioner Pritchard, to allocate $10,000 to Keep Brevard Beautiful for eradication of Brazilian pepper plants on SR 528, east of the bridge.

 

 

Vice Chair Voltz inquired where would the money come from.  Commissioner Pritchard inquired how much money is not mandated; with Assistant County Manager Ed Washburn responding there is money in non-recurring. 

 

Commissioner Scarborough advised of his support of KBB; and inquired if that is the best and most effective way to accomplish the task, and did Commissioner Pritchard look into other options.  He stated he will support the expenditure to remove the peppers, but would like additional information.  Commissioner Pritchard stated Mr. Weber can come to the next meeting to make a presentation.  Commissioner Scarborough stated he just wants to be sure the group has the capacity to see the job through.  

 

The motion died for lack of a second.  Vice Chairman Voltz passed the gavel to Chairman Pritchard.  

 

 

 

James Teele, representing Kingsmill Homeowners Association, advised of problems with erosion of a ditch onto Kingsmill property owners’ properties, which prevents owners from erecting privacy fences along lot lines.  He advised the estimated cost of correction of the problem has escalated from $9,000 to $78,000 over ten months; and Stormwater Utilities is suggesting a 54-inch concrete pipe be put in, escalating the cost to $98,000.  He commented on the County’s proposal to mitigate the erosion; advised the temporary repair is unacceptable and does not address the problem; and recommended working toward a solution that will address all parties’ concerns and issues.  Mr. Teele advised he will be contacting each of the Commissioners and the County Manager concerning the encroachment of the drainage ditch as a liability problem; and requested a plan be in place before the end of the year to mitigate the problem. 

 

Chairman Pritchard advised he wants to know how they got from a 36-inch pipe to a 54-inch pipe and from $10,000 to $98,000.

 

Commissioner Carlson advised she has been working with Mr. Teele; and requested each  Commissioner receive a briefing from John Denninghoff and Ron Jones so everyone will understand the issues. 

 

Discussion ensued on the County’s responsibility, County survey, need for sound barrier, and location of utilities. 

 

 

 

Commissioner Colon advised the issue of the Palm Bay beltway will be coming to the Board on October 25, 2005, so there is no need to remove it from the joint planning agreement as the County and the City have come to some agreement.

 

Commissioner Carlson requested information on master planning in Districts 3 and 5. 

 

 

 

Chairman Pritchard inquired about the Growth Management Coalition; with Commissioner Carlson providing an update concerning annexation and other issues.  Commissioner Colon stated everyone will be given an update at the upcoming summit. 

 

Discussion ensued on limiting issues for discussion at the summit, getting results, cooperative efforts, joint planning agreements, annexation, concurrency, presentations, and round table discussions. 

 

 

 

Chairman Pritchard read aloud a resolution commending Eagle Scout Matthew Kyle Phillips.

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Matthew Kyle Phillips on his achievement of the rank of Eagle Scout.  Motion carried and ordered unanimously.  (See page                        for Resolution No. 05-259.)

 

 

Chairman Pritchard presented the Resolution to Mr. Phillips, who advised of his project providing gifts and a turkey dinner to local military families. 

 

John Fitzgerald, retired Chief Master Sergeant, advised he was proud to participate in Mr. Phillips project.  Commissioner Colon requested Mr. Fitzgerald keep in touch with her office so they can continue the project for next year. 

 

 

REPORT, RE:  TABLED ITEMS  (CONTINUED)

 

Zoning Manager Rick Enos advised Item V.B.8 has been withdrawn and there are two requests for tabling, Items V.A.2 and V.A.6.

 

Item V.B.8.  (Z0509301)  Charles E. Willett’s request for change from AU to RR-1 on 1± acre located on the west side of Pine Sap Avenue, south of Grant Road, which was recommended by the P&Z Board for denial.  Withdrawn by applicant.

 

Item V.A.2.  (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 for denial by the P&Z Board.

 

Item V.A.6.  (Z0508111)  Forrest Lakes Partners, LLC’s request  for change from GU to TR-3 on 76 acres located on the north side of Pluckebaum Road, west of I-95, which was recommended for approval by the Planning and Zoning Board with a BDP limiting density to less than 80 units, and applicant agreeing to share in the cost of maintaining the existing road and gated entry in perpetuity. 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table Items V.A.2 and V.A.6 to the November 3, 2005 Board of County Commissioners meeting.  Motion carried and ordered unanimously.  

 

 

Mr. Enos advised the Planning and Zoning Board recommended tabling Items V.B.5, V.B.12, V.B.13, V.B.14, V.B.15, and V.B.16 to the October 10, 2005 Planning and Zoning meeting and the November 3, 2005 Board of County Commissioners meeting.

 

Item V.B.5.  (Z0509205)  Wing and 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 by the Planning and Zoning Board to be tabled to October 10, 2005 Planning and Zoning Board meeting and the November 3, 2005 Board of County Commissioners meeting at the request of the applicant with a reprocessing fee due. 

 

Item V.B.12.  (Z0509101)  Peppercorn and Peppercorn, Inc.’s request to change from AU and RRMH-1 to SR with a BDP limiting development to one unit per acre on 60 acres located
on the south side of Irwin Avenue, west of Hammock Road, which was recommended by the Planning and Zoning Board to be tabled to the October 10, 2005 Planning and Zoning Board meeting and the November 3, 2005 Board of County Commissioners meeting as requested by the applicant with a reprocessing fee due. 

 

Item V.B.13.   (Z0509102)  Peppercorn and Peppercorn, Inc.’s request for change from AU to SR with a BDP limiting development to one unit per acre on 10 acres located on the south side of Irwin Avenue, west of Hammock Road, which was recommended by the Planning and Zoning  Board to be tabled to the October 10, 2005 Planning and Zoning Board meeting and the November 3, 2005 Board of County Commissioners meeting as requested by the applicant with a reprocessing fee due.

 

Item V.B.14.   (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 a BDP limiting density to one unit per acre on 85 acres located on the south side of Irwin Avenue, west of Hammock Road, which was recommended by the Planning and Zoning Board to be tabled to the October 10, 2005 Planning and Zoning Board meeting and the November 3, 2005 Board of County Commissioners meeting as requested by the applicant with a reprocessing fee due.

 

Item V.B.15.  (Z0509104)  Marshall W. Hafemeister, Arthur Eberhart, and James Tikal’s request for change from AU to SR with a BDP 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 recommended by the Planning and Zoning Board to be tabled to the October 10, 2005 Planning and Zoning Board meeting and the November 3, 2005 Board of County Commissioners meeting as requested by the applicant with a reprocessing fee due.

 

Item V.B.16.  (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 a BDP on 148.17 acres located on both sides of Parrish Road and east of Holder Road, which was recommended by the Planning and Zoning Board to be tabled to the October 10, 2005 Planning and Zoning Board meeting and the November 3, 2005 Board of County Commissioners meeting as requested by the applicant with a reprocessing fee due.

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table Items V.B.5, V.B.12, V.B.13, V.B.14, V.B.15, and V.B.16 to the October 10, 2005 Planning and Zoning Board meeting and the November 3, 2005 Board of County Commissioners meeting as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Mr. Enos advised Item V.B.23 is requested to be tabled to November 7, 2005 Planning and Zoning meeting and the December 1, 2005 Board of County Commissioners meeting. 

 

Item V.B.23.  (Z0507303)  Hampden Ridge Corp.’s request for change from GU and AU to RR-1 on 161.87 acres located on the east side of Fleming Grant Road, south of Tamarind
Circle, which was recommended by the Planning and Zoning Board to be tabled to the November 7, 2005 Planning and Zoning Board meeting and the December 1, 2005 Board of County Commissioners meeting.  Motion carried and ordered unanimously.     

 

 

Mr. Enos advised Item V.B.25 has been requested by the applicant to be tabled to November 3, 2005.

 

Item V.B.25.  (NMI50702)  George A. and Barbara H. Ogle’s request for change from AU to 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 to be tabled to the November 3, 2005 Board of County Commissioners meeting. 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table item V.B.25 to the November 3, 2005 Board of County Commissioners meeting as recommended by the North Merritt Island Dependent Special District Board.  Motion carried and ordered unanimously. 

 

 

Item V.B.24.  (NMI50701)  MJB Investments LLC’s request for change from AU to RR-1 on 2.65 acres located on the west side of North Tropical Trail, north of Church Road, which was recommended by the North Merritt Island Dependent Special District Board for denial. 

 

Mr. Enos stated he had a verbal request from John Campbell to table Item V.B.24 for several months, but he does not have a date.

 

John Campbell advised there is a small area study plan being done in the area; it would be better to wait until that is done; and he understands it will probably be February 2006 before it is through. 

 

Assistant County Manager Ed Washburn recommended readvertising; with County Attorney Scott Knox concurring.  Chairman Pritchard inquired if readvertisement would result in additional cost to the applicant; and stated he does not think there should be an additional fee. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.B.24 until the Small Area Plan is complete, with no charge to the applicant for readvertisement.  Motion carried and ordered unanimously.

 

 

Item V.A.4.  (Z0507113)  Parrish Development, LLC’s request for change from AU to RR-1 on 19.3 acres located on the north side of Parrish Road, east of U.S. 1, which was recommended for approval by the P&Z Board. 

 

Commissioner Scarborough stated Item V.A.4 was previously tabled, but the meeting has not taken place yet; and he would like to table it so discussion can take place.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.A.4 to the November 3, 2005 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Item V.A.5.  (Z0507301)  Rushing Wind, LLC’s request for change from AU to RA-1 on 28.9± acres located south of Micco Road, west of Dottie Drive, which was recommended for approval by the P&Z Board. 

 

Commissioner Voltz advised the Micco Farm & Groves item has been tabled; and she would like to table V.A.5 to the November 3, 2005 meeting. 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table Item V.A.5 to the November 3, 2005 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

PUBLIC HEARING, RE:  RECOMMENDATIONS OF THE PLANNING AND ZONING
     BOARD OF SEPTEMBER 12, 2005                                                                                           

 

Chairman Pritchard called for the public hearing to consider the recommendations of the Planning and Zoning Board of September 12, 2005, as follows: 

 

Item V.B.1.  (Z0509201)  David C. Koch’s request for change from RU-2-10 to RU-2-12 on 0.184 acre located on the south side of Kathi-Kim Street, east of Range Road, which was recommended for approval by the Planning and Zoning Board. 

 

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

 

 

Item V.B.2.  (Z0503202)  Item removed from Agenda.

 

 

Item V.B.4.  (Z0509204)  Crescent Beach Ventures, LLC’s request for change from BU-1 to RU-2-15 on 1.91 acres located on the north side of 20th Street, west of South Atlantic Avenue and South Orlando Avenue, which was recommended for approval by the Planning and Zoning  Board with a BDP.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Item V.B.4 with a BDP as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item V.B.6.  (Z0509206)    D & Y, LLC’s request for CUP for alcoholic beverages for
on-premises consumption in a BU-1 zone on 0.95 acre located on the west side of North Courtenay Parkway, north of West Merritt Avenue, which was recommended by the Planning and Zoning Board for approval.

 

Commissioner Carlson advised of a previous request for a map showing CUP’s for beer and wine; and inquired if it was included.  She requested approval of Item V.B.6 be for restaurant use only; with Chairman Pritchard agreeing. 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Item V.B.6 for restaurant use only.  Motion carried and ordered unanimously.

 

 

Item V.B.9.  (Z0509302)  Charles Lynn Perry’s request for change from AU to RR-1 on 2.98± acres located on the south side of Mount Pleasant Avenue, west of Main Street, which was recommended by the Planning and Zoning Board for approval with a BDP limited to one residential homesite.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item V.B.9 with a BDP limited to one residential homesite as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously. 

 

 

Item V.B.11.  (Z0509501)  Lea Ellen and Richard L. Laszlo’s request for change from RR-1 to RU-1-13 on one acre located on the south side of Pinewood Road, west of its intersection with Eau Gallie Boulevard, which was recommended by the Planning and Zoning Board for approval.

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve Item V.B.11 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item V.B.17.  (Z0509106)  Christopher K. and Pamela S. DeLoach’s request for change from AU to SR on 0.6267 acre located on the south side of Smokey Lane, east of Old Dixie Highway, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Item V.B.17 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.  

 

 

Item V.B.19.  (Z0509108)  Craig B. Young’s request for change from RRMH-2.5 to RRMH-1 on 6.19 acres located on the west side of Blounts Ridge Road, north of its intersection with Aurantia Road, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Item V.B.19 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously. 

 

 

Item V.B.20.  (Z0509109)  James S. Browne’s request for Small Scale Plan Amendment (05S.12) to change the Future Land Use Map designation from Residential 2 to Community Commercial; and change from AU to BU-1 on 5.89 acres located east of U.S. 1 and north of Kingman Road, which was recommended for approval by the LPA and Planning and Zoning Board.  

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.20 as recommended by the Planning and Zoning Board and adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Twelfth Small Scale Plan Amendment of 2005, 05S.12, 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.  (See page                          for Ordinance No. 05-49.)  

 

 

Item V.B.21.  (Z0509110)  Kevin P. Shay and Korp, Ltd.’s request for change from RU-2-10, BU-1, and BU-2 to RU-2-12 on 11.9 acres located on the east side of U.S. 1, south of Cottrell Avenue, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.21 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.  

 

 

Item V.B.26.  (SPE50901)  John Armstrong’s request for amendment to existing BDP in a
BU-1 and RU-1-8 zone with a BDP, on 3.51 acres located on the southeast corner of U.S. 192 and Commodore Boulevard, which was recommended by the Planning and Zoning Board for approval with added language to the BDP to include that Commodore Boulevard be improved to County roadway standards to the southern limits of the driveway access to Commodore Boulevard, and to install a waterline to the southern limits of the driveway access from Commodore Boulevard. 

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve Item
V.B.26 as recommended by the Planning and Zoning Board with added language to the BDP to include that Commodore Boulevard be improved to County roadway standards to the southern limits of the driveway access to Commodore Boulevard, and to install a waterline to the
southern limits of the driveway access from Commodore Boulevard.  Motion carried and ordered unanimously.  

 

 

Item V.B.27.  (SPE50902)  First Christian Church of Merritt Island, Florida, Inc.’s request for change from IN(L) to RA-2-8 on 1.162 acres located on the south side of Florida Boulevard, east of North Courtenay Parkway, which was recommended for approval by the Planning and Zoning Board.

 

Chairman Pritchard stated it is his understanding approval will be with a binding development plan including eight units and seawall repair, and any concerns about flooding will have to be taken care of. 

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve Item V.B.27 with a BDP for eight units and seawall repair.  Motion carried and ordered unanimously.  (See pages                                        for Zoning Resolutions.) 

 

 

 

Chairman Pritchard called for the public hearing to consider tabled items from the November 4, 2004, February 3, 2005, April 7, 2005, May 5, 2005, May 19, 2005, August 4, 2005, and September 1, 2005 Board of County Commissioners meetings, as follows:

 

Item V.A.3.  (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 for denial by the P&Z Board.

 

Commissioner Scarborough advised of conversations with persons who were in opposition to the rezoning; they did not like the one unit per acre density, but preferred one unit per two and one-half acres; and inquired if it was one unit per two and one-half acres, why would a change to AU be necessary.  Zoning Manager Rick Enos advised the owner has 4.6 acres; he is willing to limit that to two lots of 2.3 acres each; and the rezoning is necessary because AU requires two and one-half acres.  Commissioner Scarborough expressed preference to have the applicant present.   

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to table Item V.A.3 to the November 3, 2005 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

Item V.A.7.  (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 for approval by the P&Z Board. 

 

Commissioner Carlson advised she met with the applicant; this is the old Perkins property; and the applicants wish to put a three-story over garage, five unit condominium.  She commented on use of the Perkins parking lot by the nearby County park, proximity to the light on A1A, and combining properties for benefit of the public. 

 

Commissioner Scarborough inquired if this will come back with a binding development plan; with Commissioner Carlson responding she is not sure.  She stated they are looking at potential condemnation if there is no willing seller on the property that is to the south; and expressed concern about proper access for the park. 

 

Jack Spira, representing the applicant, advised of the need to have the property rezoned due to financial issues; and requested the property be rezoned subject to them reaching an agreement with the County that in the event the County is able to acquire the property to the south, they will agree to a swap. 

 

County Attorney Scott Knox advised that cannot be included in a binding development plan; it would be a contract; and there is a way to structure it for an option or something to do that, if the Board chooses. 

 

Discussion ensued on binding development plans, entering into an option with the County, ingress/egress for the park property, shared driveway, and need to table the item.  

 

Mr. Spira inquired if they would come back at the next hearing with a binding development plan that has been worked out with the County Attorney.  Commissioner Carlson stated they will work out the details in her office; and they can talk further about what kind of agreement would be necessary to swap the properties. 

 

Commissioner Voltz inquired about payment for the property; with Commissioner Carlson responding they are researching that. 

 

Discussion ensued on funding the purchase of property, appraisal, Beach and Riverfront funds, safe access to the park, and parking.

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to table Item V.A.7 to the November 3, 2005 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

CITIZEN REQUEST  -  THE TORPY GROUP, RE:  PRELIMINARY PLAT APPROVAL FOR
     CENTER LANE CROSSING                                                                                                      

 

Commissioner Colon inquired if everything County staff requested has been submitted; with Attorney Rick Torpy responding yes, but staff has not had time to review what he submitted today.  Permitting and Enforcement Director Ed Lyon advised staff has not had an opportunity to look at it.  Commissioner Colon commented on the procedure, history of the property, and going through proper channels; and advised she would be uncomfortable approving anything today. 

 

Mr. Torpy introduced his clients, Paul Paluzzi and Ron Stewart; and commented on the history of the property, proposed project, and site plan submittal.  He stated the proposal is for 256 lots; the smallest lot size is two and one-half acres; the density is one unit to 3.4 acres; and staff has
been working diligently.  Mr. Torpy commented on drainage issues, preliminary plat approval, cost of the project, and outstanding issues.  He requested preliminary plat approval with the condition that any staff comments will be resolved to the satisfaction of staff; and noted the remaining issues are very solvable problems involving verification of various issues.  He advised they agreed to improve Centerlane all the way to Babcock Street; staff requested they relocate the road to the north side of the right-of-way, which they agreed to; but Army Corps of Engineers took jurisdiction because of a wetland; and they have agreed to build it where Centerlane is now.  He commented on length of time to engineer the road; and requested the preliminary plat be approved on the condition they can pull no building permits or get any final approval until they provide full engineering for Centerlane Road and bond or build the road.  He stated there are outstanding issues; but they have agreed to do everything staff requested; every lot in the subdivision will have fill up to and above the 100-year floodplain to cover the house, the driveway, and the drainfields; and they are asking the Board to allow them to close on the project.  He stipulated every staff comment will be satisfied; and requested the Board help them.  He commented on satisfying staff concerns, the project, and lack of outstanding life/safety issues.  He advised conditions will be in writing. 

 

Commissioner Colon advised everyone is aware of the flooding problems in Deer Run, need for extra scrutiny, and length of process for preliminary plat approval. 

 

Discussion ensued on length of time for process, protecting future residents, flooding, Army Corps of Engineers, proper scrutiny, lack of staff review, and resubmittals.

 

Mr. Torpy advised there have been four staff reviews and comments.  Commissioner Colon stated that is normal procedure for a preliminary plat. 

 

Chairman Pritchard inquired about increasing costs; with Mr. Torpy advising it is a quarter million a month.  Chairman Pritchard advised they will be paying that regardless; with Mr. Torpy disagreeing if they get preliminary plat approval, they can close in the month of October.  Chairman Pritchard inquired about the binding effects of a preliminary plat approval; with Mr. Lyon advising it vests the lot layout; they would not be able to construct anything or sell lots; and a construction permit could not be issued until engineering is approved. 

 

Discussion ensued on preliminary plat approval, closing on the property, vesting the lot count, eliminating $250,000 a month cost, setting precedent, timeline going to early November, improvement to Centerlane Road, permitting through St. Johns River Water Management District, provisions in the Code, and protecting the citizens.

 

Commissioner Carlson stated she agrees with Commissioner Colon’s position; and commented on a master plan of the area, lack of hardship, benefit to the public, requirements after the fact, drainage, Deer Run, levee system, and protection from a severe flooding episode.  She stated there are serious issues to deal with in terms of health, safety, and welfare. 

 

Mr. Torpy advised of engineering issues to insure protection of the residents. 

 

Commissioner Colon stated this needs to be tabled; and commented on the levee, New Orleans, and Deer Run.  She stated she will be making a motion to table the issue; with Commissioner Carlson advising there is nothing to table, so the Board can take no action.  Commissioner Colon stated she will be seeking guidance from the Board; it is not her job to make money for any developer; and she will not rush and not follow proper procedures because money is an issue.  She stated she looks forward to working with Mr. Torpy and staff. 

 

Commissioner Voltz stated when she was briefed, nothing had been submitted;  and inquired if it would be possible to review and return on Tuesday.  Mr. Lyon responded it is a very large project; and it would be difficult to review by Tuesday.  Commissioner Colon commented on the timeline and support of the Board to move slowly and carefully. 

 

 

The meeting recessed at 7:02 p.m. and reconvened at 7:13 p.m. 

 

 

Item V.B.22.  (Z0508104)  David and Barbara Wardle’s request for change from AU and BU-1 to RU-1-13 on 3.822 acres located on the west side of U.S. 1, south of Brockett Road, which was recommended by the Planning and Zoning Board for approval as EU-2.

 

Commissioner Scarborough advised both sides have come to an understanding on Item V.B.22.

 

Motion by Commissioner Scarborough, seconded by Commissioner  Voltz, to approve Item V.B.22 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.  (See page              for Zoning Resolution.)

 

 

CITIZEN REQUEST  -  MARLENE ADAMS, RE:  FREEDOM OF SPEECH AND
     PARTICIPATORY DEMOCRACY                                                                                              

Commissioner Voltz stated she does not think a zoning meeting is the proper time to entertain this issue. 

 

Marlene Adams advised she chose this date in order to have a full Board present.  Commissioner Voltz commented on delaying the zoning items. 

 

Ms. Adams inquired what does a child do when there are no consequences for misdeeds; and responded the misdeeds continue until the consequences become worse than the rewards of the misdeeds.  She advised a member of the Board has proceeded with verbal, written, and use of the Brevard website to display more and more combative behavior toward members of the
public; and advised of events that have transpired over the past couple of months.  Ms. Adams stated such misdeeds are an attempt to intimidate people and suppress their desire to be involved in government issues; and questioned the motives.  She commented on phone calls, fear of humiliation, and future adverse retaliation; and inquired how the Board can allow this to continue.  She commented on the County’s Internet privacy policy; advised of content on the website; and inquired if such content is official government information.  She stated there is word that employees are being intimidated and are looking to leave their employment with the County; and read aloud from Article 3, Section 3.4 of the Brevard County Charter, “except for the purpose of inquiry and information the Board of County Commissioners and committees of Commissioners are expressly prohibited from interfering with the performance of the duties of any employee of the County government who is under the direct or indirect supervision of the County Manager.”  She advised of Resolution 03-211, which declares it to be Board policy to promote maximum participation in County affairs and to protect individuals from comments that assault their character.  She stated as lawmakers and policy makers, the Board needs to put something in place to enforce the laws and policies; it has not protected the public and the County employees; and the public expects the Board to do whatever is necessary to get this matter under control.  She suggested the Vice Chairman take over the Chairman’s duties tonight in order to get the problem moving toward an immediate resolution.  She submitted copies of her presentation to the Board. 

 

Michael Nash advised of the County policy concerning employees’ conduct and his expectations from the County Commissioners.  He requested the Board review its own actions; suggested having a commission investigate actions of the Commissioners; and stated it should be an issue in upcoming elections.  He stated elected representatives should be held above what is expected of citizens.

 

Larry McElhinney stated he supports the spirit of Ms. Adams comments although he does not agree with everything that was said.  He commented on government spending, increase in spending in Cocoa Beach, County budget, seeing both sides of the equation, free market economics, turning down development, and shrinking County government. 

 

Chairman Pritchard provided Mr. McElhinney with a card; and suggested he call his Commission office.

 

Commissioner Colon invited Mr. McElhinney to visit her office so she can provide him with a history of the area being considered for development, so he will have a better idea of what happened in that area.  Mr. McElhinney stated he disagrees with the economics of the situation.

 

Rochelle Lawandales expressed appreciation to the Commissioners for the job they do; stated the Board enables great participatory efforts in the community; and thanked the Board for doing what it was elected to do.

 

Thelma Roper commented on not wanting to attend Board meetings and meetings of the Florida Fish and Wildlife Conservation Commission, difficulty speaking to the Board, reaction of the Commissioners to speakers, free speech issue, and public not getting the full picture on TV. 
Ms. Roper stated anyone should be able to address the Board and be treated respectfully; and freedom of speech should be allowed. 

 

Maureen Rupe stated she is not present to disagree with any Commissioners; but she is requesting civility within the governmental process.  She commented on civility, free speech, suppression of free thinking, limitations to First Amendment rights, websites containing disrespectful remarks about other Commissioners, fragmentation of the Board, fears of County staff, need for web policy, and stifling of public participation.  She advised of Commissioner Pritchard’s response to emails; and requested the Board return to civility. 

 

Chairman Pritchard requested a copy of the email Ms. Rupe referenced; with Ms. Rupe submitting the copy to Chairman Pritchard. 

 

Bea Polk commented on freedom of speech, questioning the speakers, Commissioners turning backs on speakers, representation of the public, meetings in the City of Titusville, difference in meetings in the last twenty years, County employees defending themselves, loss of freedom of speech, and treating all speakers the same. 

 

Commissioner Scarborough stated an Ordinance has been referred to; and commented on personal attacks on County employees who are not free to come to the Board to speak, public officials being open to public comment or attack, same status not existing for employees, and Commissioners having opportunity to  respond.  He stated the Board was advised that it was appropriate if something hit a certain level to proceed to investigate and the County employees should have the same opportunity to defend themselves; that is not within the purview of the Board, but within the purview of the County Manager; and he only recalls it being exercised on one occasion.  He commented on Ms. Polk’s reference to a criticism and Walter Pine; and stated he wanted Mr. Pine to finish his comments and welcomed him to come up and present more facts.  He stated it is not the Board’s position to cut people off, but to allow a full and fair hearing; and the Board has certain legal obligations to allow people an opportunity to come up, but County employees are barred from that opportunity unless the Board allows them to come forward as an individual as opposed to being a County employee. 

 

Commissioner Carlson advised it was alluded to that employees who take time off are using taxpayer dollars; but the time comes off any time they have accrued, so the cost comes out of their pocket not the County’s.

 

Nicki Kisner stated she supports Marlene Waters and Maureen Rupe; the website should not be used as an instrument to insult people; and advised of an incident when Amy Tidd spoke at a previous meeting.  She recommended civility and professionalism.      

 

Cammie Donaldson stated the Brevard Insider put out a call to arms; advised she does not think Chairman Pritchard can be embarrassed; but citizens can be embarrassed for their County.  She commented on a higher standard, Commissioners’ job to allow full and fair hearing, emails and diatribes, and Chairman Pritchard’s interactions with people.

 

Walter Pine submitted paperwork to the Board, but not the Clerk; and commented on right to free speech, public participation and oversight of self government, and violations of recognized limitations on government infringement on free speech.  He stated the majority of Board will not abide by the principle and law regarding free speech; and advised of individual Commissioners favoring particular groups, Commissioners making inappropriate comments to the public making presentations, and failure of the Board to censure the offending Commissioner.  Mr. Pine commented on various court cases concerning free speech, not limiting political speech or issues public concern, no valid purpose to refuse to accept complaints of wrongdoing, regulation of content-based speech being unconstitutional, and not regulating speech based on hostility or favoritism toward the underlying message expressed.  He advised the public is not required to provide proof or evidence of wrongdoing; it is sufficient that the public report its suspicions to the authority having the duty to investigate; the Board has that duty although it has refused to act on it with an external independent investigation of any action or allegation; and three of the Commissioners have not agreed to do that.

 

Chairman Pritchard advised Mr. Pine’s time has expired.  Commissioner Scarborough requested Mr. Pine be allowed to finish his presentation; and the Board reached consensus to allow completion of the presentation.

 

Mr. Pine advised of clear and undeniable intent on the part of some Commissioners’ comments to edit the content of public comment, prohibiting issues, points of view, and subjects before the Board that would expose potentially unlawful behavior, criminal acts, or subject pet projects or favored organizations to scrutiny, which is unconstitutional.  He advised of Commissioner Voltz’s comment at the last meeting that Mr. Pine must prove allegations; and stated the Board already had the evidence to justify an investigation; such evidence is on the videotape of the August 23, 2005 Board meeting; but Commissioner Voltz did not want to hear the facts in an open public meeting, although she later acquiesced to having the facts emailed to her office.  He commented on Commissioner Voltz’s violation of her oath, unconstitutional content-based regulation of public free speech, intentional and malicious slander to protect pet projects and deny his First Amendment rights, lack of resources to obtain counsel; and silence of other Commissioners, with the exception of Chairman Pritchard and Commissioner Colon, amounting to tacit approval of unconstitutional behavior.  He stated the vote on the contract with The Nature Conservancy does not lead him to believe there is any intent of obeying the law; the primary investigative authority for complaints of wrongdoing by the County government is the Board; it is not possible to require the public to provide proof of allegation; and complaints must be accepted any time they may have a bearing on outcome of an issue.  He requested the Board repeal all rules and regulations that violate the prohibition on content-based regulation of free speech and prohibit any deed, action, publication, or comment of any Commissioner that would affect the same unconstitutional results, specifically Resolution 05-211, Section 9.1 (b), 9.2 (a), and reword 9.2 (b) so as not to have an unconstitutional implementation.

 

William Harding commented on Chairman Pritchard’s debate style; advised he voted for Chairman Pritchard because he shares his philosophies on fiscal responsibilities and government, the role of the public servant, respect for personal property, and the betterment of
the County.  He stated freedom of speech is not diminished by vigorous, contentious debate; and citizens coming to the podium need to be prepared to be questioned.  He advised of his intent to vote for Chairman Pritchard in the future.   

 

John Carey advised of reading comments made by Chairman Pritchard in Happenings; and read aloud an excerpt from the paper concerning preparing for meetings, seeking facts, attempts to control property owners in West Canaveral Groves, neighborhood action plan as a way to say no, and road access.  He stated Chairman Pritchard signed the neighborhood action plan, which took over a year to develop; and commented on requirements to build and need for infrastructure.  He stated Chairman Pritchard did not have his facts straight and should apologize for his statement.

 

Jerry Wall stated this is not the place or time for this; commented on the request for time certain; and expressed appreciation for the job the Board does.  He commented on First Amendment issues, treatment of citizens by the Chairman, writing columns for Happenings, Chairman Pritchard’s objections to his comments; and voiced objection to Chairman Pritchard’s broadbrush stroke that includes him, his community, the neighborhood action plan, the neighborhood action committee, and the homeowner association.  He commented on Chairman Pritchard’s observations concerning studies and his response in Happenings; and voiced objection to Chairman Pritchard’s attacks on those who disagree with him.  He recommended Chairman Pritchard deal in facts. 

 

Ken Rivard advised of his service on the Valkaria Airport Authority and the Tico Airport Authority; and commented on elected officials taking the heat and meeting with Chairman Pritchard.  He advised he voted for Chairman Pritchard and probably will again; and complimented him on his job as Chairman.  He commented on problems on the Tico Board. 

 

Douglas Heckart stated he is in support of Marlene Adams; expressed concern that an elected County official verbally attacks taxpaying individuals who are voicing legitimate concerns; and recommended such official be brought to the Governor to correct these issues. 

 

Chris Combs advised of his service as an Assistant Boy Scout Master and merit badges for citizenship; expressed concern about character assassination in public; and recommended anyone having issues with the Commissioners should address them in private.

 

Bette Danse commented on the right to speak openly and freely and teamwork; and stated she agrees with Marlene Waters and Maureen Rupe.  She commented on Canaveral Groves, vigorous argument to work things out, intimidation, people wanting to be liked, Chairman Pritchard rowing in the wrong direction, the environment, and criticism creating tension on the Board.  She suggested Commissioner Voltz take over the Chair to settle the complaints.

 

Lillian Banks expressed support for Chairman Pritchard in his efforts to bring sanity to the spending of the Board, bring forward the Florida Land Management map, and staff completely responsible for erroneous map.  She stated she is not concerned about freedom of speech; she
says what she wants; but she is concerned about her property rights and micromanaging by the Board.  Ms. Banks commented on the cost of housing, too many regulations, and accepting Chairman Pritchard’s remarks.

 

Marie Gartley commented on Florida and the area, speaking before the Board, and the civility plaque in the Commission Chamber; and advised the plaque should apply to everyone, including the Commissioners.  She stated freedom of speech has a lot of responsibilities; it does not mean hurting others; and there are ways to get a message across.  She stated the Board works for the public, which pays its wages; and there should be respect both ways. 

 

Jeremy Reiderman voiced support for Chairman Pritchard; and commented on an email he received, muzzling Commissioners, process of democracy, Chairman Pritchard’s platform on managed growth, affordable housing, and private property rights.  He stated the Board should not pander to those who come to every meeting concerned with birds and turtles instead of people and real problems such as economic development, jobs, cost of gas, federal and State mandates, and lowering of the millage rate.  He complimented Chairman Pritchard on the job he is doing. 

 

John R. Campbell expressed appreciation for televising the meetings; and commented on Chairman Pritchard’s website, unfairness of Florida TODAY, and Commissioner Scarborough’s opinion and lack of civility.  He stated elected officials take the heat; he does not believe in censorship or that one person’s opinion is any more valid than another; and he supports Chairman Pritchard and will again. 

 

Joan Wheeler commented on participatory democracy and free speech, elected officials and speakers taking the heat, comments by the Chamber of Commerce, intimidation, opportunity to speak publicly, not having same beliefs, and participating in government.  She stated she has not ever been treated badly by the Commission, but has in other places; and advised of an incident in the City of Titusville.  

 

Wasim Niazi commented on clear, meaningful, objective speech; control of speech by the Board to allow it to carry on business; interaction with Commissioners; and appropriate professional and ethical behavior.  He stated his speech has never been compromised; the Board has the same First Amendment rights as the speakers; and advised of Chairman Pritchard’s sense of humor.  He advised when addressing the Board, messages have to be brief, concise, and to the point; and he condemns slander of the Commission. 

 

Ralph Perrone advised he came for a zoning issue, but wants to take the opportunity to speak.  He inquired how many people live in the County; with Chairman Pritchard responding approximately 520,000.  Mr. Perrone stated he does not see standing room only, so the Board must be doing a good job; there are only a dozen or so people who are unhappy; he was expecting to see standing room only; and he voted for Chairman Pritchard and will again. 

 

Tuck Ferrell advised when he has addressed the Board, he has never been treated badly; and commented on working with the Commissioners without problems, working with other counties,
and Chairman Pritchard being fair-minded and concerned about tax dollars.  Mr. Ferrell advised of coming before the Board since 1972, trying to come together to heal, not tear the County apart, and need to be civil.  He commented on being good stewards of money, small matters causing offense, and working together.

 

Deanna Reiter stated she does not like personal attacks; the Board is doing the best of any Commission in ages; it is demanding results; the meetings are moving along; and the Board is accomplishing something.  She commented on being civil and polite and Chairman Pritchard’s work on the map.

 

Dick Pierre stated the Board is very professional; and complimented the Board on its performance. 

 

Tom McGill commented on no suppression of freedom of speech, Chairman Pritchard’s demeanor, use of tough language, standing up for the people, and First Amendment saying nothing about being nice.  He stated people do not understand the Sunshine Law; the Commissioners cannot speak to each other between meetings; people who complained are trying to take away rights and obligations of Commissioners; and Commissioners are obliged to represent constituents.  He commented on censoring websites, which is a freedom of speech issue; read aloud a letter from George and Sandy Reynolds in support of Chairman Pritchard; and submitted the letter to the Chairman but not the Clerk. 

 

Commissioner Voltz stated if there are any issues, the State Commission on Ethics will be happy to do whatever is requested of it.  She stated she disagrees with Mr. Pine as she did let him speak and did not refuse his information; but he did not have information, just accusations, and nothing specific in writing.  She stated what Mr. Pine accused staff of doing was uncalled for and wrong; and in the last week and a half she has received no information from Mr. Pine on his accusations.  She stated when Mr. Pine accuses someone, he needs to put his facts on paper and present them to the State Attorney because he can do something. 

 

Commissioner Carlson stated she appreciates both sides of the issue; the Commissioners all try to find balance on every issue; but they owe themselves and the community the level of civility that is expected; and they have to hold themselves to a higher standard.  She stated she uses her website to post feelings concerning specific issues; she does not talk about anyone in particular; it is possible to hurt people’s feelings; and that is an unintended consequence.  She stated they do not have an opportunity to talk to one another; if they were able to talk to one another, it might not appear to be such a huge debate; but that is not the way things occur.  She stated she received a lot of negative email; she emailed the Governor; and she was advised there is nothing that can be done about bad behavior unless there is an ethical violation.  She stated for those who do not agree with how Chairman Pritchard is doing his job, they have the ability to go to the polls and register that disagreement. 

 

Commissioner Scarborough stated to defend the right to speak of someone one agrees with is really not freedom of speech, but to defend someone who disagrees is freedom of speech.  He stated his minister advises them to disagree without being disagreeable. 

 

Chairman Pritchard stated he may not agree with what others say, but he will defend their rights to say it; and read aloud the First Amendment.  He advised of statements by Justice William Brennan concerning the First Amendment and its application; commented on accountability, comments left unchallenged becoming fact, and duty to question anyone making public comment; and read aloud from an article in Florida TODAY on January 19, 2003.  He stated he has a lot of emails and phone messages advising of public support.

 

Commissioner Colon stated she hopes the fact that the Board spent two hours on this issue gives them the opportunity to do a lot of soul searching about what was discussed today; and commented on being human, duties of elected officials, and listening to the constituents.  She offered an apology if the Board has offended the public. 

 

The meeting recessed at 9:03 p.m. and reconvened 9:14 p.m.

 

 

PUBLIC HEARING, RE:  RECOMMENDATIONS OF THE PLANNING AND ZONING
     BOARD OF SEPTEMBER 12, 2005  (CONTINUED)                                                                 

 

Item V.B.3.  (Z0509203)  Nicholas M. Stipanovich and Laura J. Stipanovich, Co-Trustees’ request for change from BU-1 to BU-2 on 1.55 acres located on the southeast corner of Tangerine Avenue and North Tropical Trail, which was recommended for approval by the P&Z Board with a BDP, limited to a storage facility only and a business office.

 

Rochelle Lawandales, speaking on behalf Nicholas and Laura Stipanovich, advised the applicants have owned and operated a trailer park and lawn service business at North Tropical Trail and Tangerine Avenue for approximately 20 years; and they are asking to rezone from BU-1 to BU-2 to allow them to clean the site, eliminate the trailers, beautify the property, and provide for a compound with an office for the business, an area for equipment storage, and mini-storage facilities.  She stated the Merritt Island Redevelopment Agency and the P&Z Board recommended approval.  She stated they have met and discussed the issue with representatives of Merritt Park Place; and they have resolved all of the issues and identified elements to be put in a binding development plan.  She stated they include having only two access points, one on Tangerine Avenue for emergency access only and the primary access on North Tropical Trail; the site would be completely enclosed with a wall and fence; a decorative concrete block wall would surround the property on North Tropical Trail and Tangerine Avenue; they will seek a variance for the fence to go to eight feet; pavers will be used as the accessways; wrought iron gates will be used at least on North Tropical Trail; landscaping will be placed outside the wall; no parking of vehicles or equipment outside the wall; all landscape maintenance equipment to be contained and stored within the compound unable to be seen from the outside; and they agree to limit the uses under the BU-2 classification to the
office, storage of lawn service equipment within the compound, and the mini-storage facility for personal items, and no other BU-2 uses would be allowed.  Ms. Lawandales stated there may be an interest  on the part of the County to amend the Land Development Regulations to allow for mini-storage and these kinds of uses within BU-1; and if Mr. Stipanovich can do those uses under BU-1, he would have no objection to the County administratively rezoning the property.  She advised there would be no storage doors located on the Tropical Trail side and nothing would be visible. 

 

Commissioner Carlson advised of a letter from Gary Dover, representing the Merritt Park Place Group, expressing concern about BU-2 and progression to an industrial park image.  Ms. Lawandales responded some of the items were targeted to those concerns; and she understands they are in accord.

 

Don Shannon, Vice President, Merritt Park Place Group, advised of a meeting with Mr. Stipanovich and Ms. Lawandales; and they have satisfied all of the Group’s concerns. 

 

Gary Dover stated with the proposed binding development plan elements, he is in agreement with the rezoning.  He expressed concern about developing more BU-2 in Merritt Park Place; and recommended amending the Zoning Regulations to put mini-storage facilities only in BU-1. 

 

Chairman Pritchard stated he has spoken with Mr. Dover and Mr. Shannon and others regarding what this could mean; and he is glad to see this has been worked out.  He stated mini-warehouses should be in BU-1 to eliminate having to create conditional use permits and binding development plans because such units are necessary and the County will be seeing more of them.

 

Commissioner Carlson commented on the reasoning for location of mini-storage in BU-2.  Zoning Manager Rick Enos advised over the past 20 years, the Board has tried both approaches; commented on problems with people trying to get occupational licenses to run businesses from mini-warehouses; and stated he believes storage mini-warehouses can coexist with BU-1 as long as there are conditions to keep them consistent and compatible with other BU-1 uses. 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to bring back legislative intent to amend the Code to allow mini-warehouses in BU-1 zoning classifications with conditions.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to approve Item V.B.3 with a binding development plan providing for two access points only, one on Tangerine Avenue for emergency access and primary access on North Tropical Trail; site  to be completely enclosed with wall and fence; a decorative concrete block wall would surround the property on North Tropical Trail and Tangerine Avenue; variance will be requested to allow eight-foot fence; pavers at accessways to enhance aesthetics of the site; wrought iron gates at North Tropical
Trail entrance at least; landscaping outside the walls; no parking of vehicles or equipment outside the walls on Tangerine Avenue or North Tropical Trail; all landscape maintenance equipment to be stored within the compound and not visible from outside; and developer/owner agree to limit the uses under BU-2 to office for lawn service, storage of lawn service equipment within the compound, and mini-storage facility for personal items with no other BU-2 uses allowed.  Motion carried and ordered unanimously.

 

 

Item V.B.7.  (NMI50901)  Unity Church of Central Brevard, Inc.’s request for change from BU-1 to BU-2 on 3.5± acres located west of North Courtenay Parkway, north of the Barge Canal, which was recommended by the Planning and Zoning Board for denial.

 

Michael Bates submitted a letter to the Board, but not the Clerk. 

 

Commissioner Colon inquired why was the recommendation for denial.

 

Mr. Bates stated a portion of the property is zoned BU-2; the North Merritt Island Homeowners did not want the industrial type of development; but they are just trying to do mini-storage.  He stated it abuts Sunset Lakes PUD; he was not invited to their meeting; but the vote was for denial.  He stated the majority of mini-storage facilities out there being constructed now are walled in and very secure, with minimal traffic at night. 

 

Chairman Pritchard inquired if there is going to be a church on Courtenay Parkway with mini-storage behind it.  Mr. Bates responded no; the property was donated by his client to Unity Church for a new facility, but it was cost prohibitive; so they gave the church another piece of property that had a facility.  He stated now the church wants to expand, so it wishes to sell this other property.  Chairman Pritchard advised of the North Courtenay Parkway Corridor Study and the provision that for properties zoned BU-2, outdoor storage areas shall not be visible from the roadway; and stated there is room for BU-2, but there is not enough information to make a relevant decision, and it backs up to Sunset Lakes.  He recommended Mr. Bates meet with the neighborhood to show his plan; stated the North Merritt Island Dependent Special District Board had nothing to go by other than the request, so there was not enough information. 

 

Chairman Pritchard passed the gavel to Vice Chair Voltz. 

 

Discussion ensued on the length of time needed to meet with the neighborhood, not being invited to the North Merritt Island group meeting, need for a layout plan, mini-storage serving as a buffer, and mini-storage in BU-1.    

 

Celia Williams, representing the North Merritt Island Homeowners Association, advised the organization does not invite applicants for zoning changes to the meetings; a newsletter is put out each month listing all the activities of the organization; meeting times are published; and the public is always invited.  She stated any zoning applicant is welcome to come to the meeting, and many have on their own accord to provide a briefing on what they plan to do.

 

Discussion ensued on difference between North Merritt Island Homeowners Association and North Merritt Island Dependent Special District Board, and recommendation of denial because residents do not want BU-2. 

 

Commissioner Pritchard provided the date and location for the next North Merritt Island Homeowners Association meeting. 

 

Discussion resumed on applicants meeting with neighborhoods.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to table Item V.B.7 to the November 3, 2005 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Vice Chair Voltz passed the gavel to Chairman Pritchard.

 

Deborah Slawson advised the recommendation of denial was based on the pending study; and the main neighborhood concern was that no one would be living above the units.  Chairman Pritchard advised the study is on his website.    

 

 

Item V.B.10.  (Z0509303)  Allan C. and Dinah Olson’s request for change from BU-1 and BU-2 to RU-1-11 on 1.8 acres located on the west side of U.S. 1, south of Valkaria Road, which was recommended for denial by the Planning and Zoning Board. 

 

Chairman Pritchard advised this has something to do with getting a loan; with Commissioner Voltz responding the only reason they want the rezoning is so they do not have to pay commercial rates.  Chairman Pritchard stated he sees no harm. 

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approve Item V.B.10.  Motion carried and ordered unanimously.

 

 

Item V.B.18.  (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 for approval by the Planning and Zoning Board.

 

Chairman Pritchard stated he received a note from Mary Burke that this has been resolved. 

 

Commissioner Scarborough stated he suggested the two objectors meet; they left a note that it is resolved; however, he does not know how. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.B.18 to October 11, 2005 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Colon stated in terms of the joint planning agreement for the Palm Bay Parkway, she requested the landowners who are going to be affected be notified; and she would like that to be done as soon as possible. 

 

 

 

Chairman Pritchard stated next Tuesday on October 11, 2005 there will be a regular Commission meeting, but only three Commissioners will be present. 

 

Commissioner Carlson stated she will be absent next Tuesday because she is doing a presentation for the St. Johns River Water Management District Governing Board for the St. Johns River Alliance to recommend three projects.  She commented on an upcoming St. Johns River Alliance fundraiser. 

 

Chairman Pritchard stated on October 13, 2005 a workshop is scheduled to discuss transportation issues; and Friday, October 14, 2005 is the summit. 

 

 

 

Commissioner Voltz stated with the Micco Farm and Grove rezoning request is a map that shows Mr. Logan’s property and the St. Johns River Water Management District Preserve; and the City of Palm Bay would like to annex that. 

 

Commissioner Carlson inquired if that is already in the public interest. 

 

Zoning Manager Rick Enos stated the City of Palm Bay wants to acquire the conservation lands because it would improve the City’s flood ratings. 

 

Commissioner Voltz stated they want to annex into the City because the County will not let them use it as a spoil site.  Mr. Enos advised they have not asked; but there is an Ordinance; and a conditional use permit would allow consideration of the sites as spoil sites.  Commissioner Voltz stated she wants to look at what the Board can do so it is not annexed into the City. 

 

Discussion ensued on whether the properties are contiguous and annexation making other properties contiguous.

 

Commissioner Colon inquired if this will be placed on the Agenda; with Commissioner Voltz responding that is what she was asking to do. 

 

Commissioner Carlson suggested asking for a letter from St. Johns River Water Management District concerning its intentions; and stated she would like to know what it knows about this.

Commissioner Voltz advised the District knows about it; and suggested Transportation Engineering Director come to the Board on October 25, 2005 to talk about this.  Commissioner Colon suggested inviting the City of Palm Bay to advise the Board of its plans.  Commissioner Voltz stated she wants to know why they need to look at annexation; it is not a Palm Bay issue, but a County issue; and inquired what is the County doing wrong that they would want to annex.  Commissioner Colon stated they need to have everyone present so they can have a clear understanding.  Commissioner Carlson advised the  City annexed other St. Johns River Water Management District property to get credits for open space.  Commissioner Voltz stated that takes away the County’s credits for open space; and it is something the Board needs to look at. 

 

Chairman Pritchard inquired about the fly-in community that the Board denied, and whether it is being built in the City.  Commissioner Voltz stated it went from two and one-half acre lots to quarter-acre lots.  Chairman Pritchard commented on unintended consequences.  Commissioner Voltz clarified she is not positive it will be quarter-acre homesites, but it could be.  Chairman Pritchard stated his point is density; and inquired what is the County doing wrong that people are doing this.  He stated the Board needs to address that or the County is going to end up with a density that is going to make everyone start moving further north.

 

 

 

Upon motion and vote, the meeting was adjourned at 9:55 p.m.

 

 

 

                                                                        _____________________________________

RONALD PRITCHARD, D.P.A., CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

   

          (S E A L)