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 INTRODUCTION TO ZONING PROCEDURE 

 

The Board of County Commissioners acts as a Quasi Judicial body when it hears requests for rezonings and Conditional Use Permits.  Applicants must provide competent substantial evidence establishing facts, or expert witness testimony showing that the request meets the Zoning Code and the Comprehensive Plan criteria.  Opponents must also testify as to facts, or provide expert testimony; whether they like, or dislike, a request is not competent evidence.  The Board must then decide whether the evidence demonstrates consistency and compatibility with the Comprehensive Plan and the existing rules in the Zoning Ordinance, property adjacent to the property to be rezoned, and the actual development of the surrounding area.  The Board cannot consider speculation, non-expert opinion testimony, or poll the audience by asking those in favor or opposed to stand up or raise their hands.  If a Commissioner has had communications regarding a rezoning or Conditional Use Permit request before the Board, the Commissioner must disclose the subject of the communication and the identity of the person, group, or entity, with whom the communication took place before the Board takes action on the request.  Likewise, if a Commissioner has made a site visit, inspection, or investigation, the Commissioner must disclose that fact before the Board takes action on the request.  Each applicant is allowed a total of 15 minutes to present their request unless the time is extended by a majority vote of the Board.  The applicant may reserve any portion of the 15 minutes for rebuttal.  Other speakers are allowed five minutes to speak.  Speakers may not pass their time to someone else in order to give that person more time to speak. 

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INVOCATION  

The invocation was given by Pastor Michael Duffy, Christ Church of HOPE.

 

PLEDGE OF ALLEGIANCE

Commissioner Fisher led the assembly in the Pledge of Allegiance.

 

 

 ITEM I.A. RESOLUTION, RE:  RECOGNIZING FLORIDA AIR ACADEMY’S 50TH ANNIVERSARY

Commissioner Infantini read aloud, and the Board adopted Resolution No. 12-015, recognizing Florida Air Academy on their 50th anniversary of educating and preparing young men and women for their futures. 

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

 

                                       MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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 ITEM I.B. RESOLUTION, RE:  RECOGNIZING MERRITT ISLAND HIGH SCHOOL GIRLS VOLLEYBALL TEAM

Chairman Nelson read aloud, and the Board adopted Resolution No 12-016, commending and recognizing the Merritt Island High School Girls Volleyball Team as State Champions.       

 

 

 

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 ITEM I.C. RESOLUTION, RE:  CONGRATULATING PALM BAY HIGH SCHOOL’S TEAM “YOGINI FITNESS”

Commissioner Infantini read aloud, and the Board adopted Resolution No. 12-017, congratulating team "Yogini Fitness" for placing first in the inaugural Junior Achievement of the Space Coast Be Entrepreneurial Business Plan Challenge. 

 

 

 

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ITEM II.D. REPORT, RE:  APPOINTMENT TO HEALTH FACILITIES AUTHORITY

Commissioner Infantini appointed Peter Fusscas to the Health Facilities Authority, replacing Ned Keller. 

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

 

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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 ITEM III.A. FINAL PLAT APPROVAL, RE:  TRALEE BAY SHORES, PHASE THREE - SD512006 - CAPRON RIDGE, LLC

 

The Board approved the final plat for Tralee Bay Shores, Phase Three - SD0512006 - Capron Ridge, LLC

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

 

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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 ITEM IV. PUBLIC COMMENTS

 Glen Storch presented a plaque to the Board for Sustainable Partnership Award for Best Practice in 2011, from the Collier Center for Public Policy.

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PUBLIC HEARINGS, RE:  TABLED ITEM

  

ITEM V.A.1., (Z1111501) - TODD J. WILLEMS - REQUESTS A CUP FOR ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN AN IU ZONING CLASSIFICATION ON 21.84 ACRES LOCATED ON THE SOUTH SIDE OF W. EAU GALLIE BOULEVARD, APPROXIMATELY 820 FT. WEST OF I-95 (935 PAW PRINTS AVE., MELBOURNE)

Cynthia Fox, Planning and Development, stated the property was inspected January 26, 2012, and has received the Certificate of Completion that they have made all the improvements required as part as the CUP process for the mud bogging activity.

 

 There being no objections, the Board approved as recommended, with the stipulation that the Brevard County Sheriff's Office, South Precinct, provide quarterly updates of issues arising from the events held at the Eau Gallie Mud Park.

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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 PUBLIC HEARING, RE:  PLANNING AND ZONING RECOMMENDATIONS OF JANUARY 9, 2012

 Chairman Nelson called for a public hearing to consider Planning and Zoning Board Recommendations of January 9, 2012. 

ITEM V.B.1. (Z11PZ-00104) - WILLOW LAKES RV PARK, INC. - (LOYS WARD PLS) - REQUESTS A SMALL SCALE PLAN AMENDMENT (12S.01) TO CHANGE THE FUTURE LAND USE DESIGNATION FROM NC TO CC, AND A CHANGE FROM RVP TO BU-2 ON 5.0 ACRES, MORE OR LESS LOCATED AT THE NORTHEAST CORNER OF PARRISH RD AND U.S. 1 (IN THE TITUSVILLE AREA)

The following individuals spoke in favor of the Small Scale Plan Amendment:  Loys Ward, Dick Edwards, and Randy Lund.

 

 There being no further comments, the Board approved as recommended, with Binding Development Plan limiting indoor/outdoor storage and retail space; and adopted Ordinance No. 12-02, setting forth the first Small Scale Plan Amendment (12S.01) of 2012.

  

RESULT:           ADOPTED [UNANIMOUS]

 

 

 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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 ITEM V.C. DEVELOPMENT AGREEMENT WITH JAMES JENSEN, RE:  DEFERRAL OF INFRASTRUCTURE IMPROVEMENTS FOR VIERA DATA CENTER

The Board executed a Development Agreement with James Jensen for the deferral of infrastructure improvements for Viera Data Center. 

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

 

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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  STAFF DIRECTION, RE:  RECOMMENDATIONS REGARDING AMENDMENTS TO THE BREVARD COUNTY COMPREHENSIVE PLAN, CONSERVATION ELEMENT SPECIFICALLY ADDRESSING OBJECTIVE 5-WETLANDS

 Ernie Brown, Natural Resources Management Director, presented a PowerPoint presentation on Comprehensive Plan Conservation Element Objective 5 - Wetlands Proposed Policy Amendments; and pointed out the recommended changes in the Plan.

 The following individuals commented on their concerns and offered suggestions:  Mike Moehle, Don Simms, Jack Rood, Lisa Frazier, Antonio Rovira, Carol Hamilton, Tim Harber, Bruce Moia, Kim Smith, Mary Sphar, Glenn Storch, Martin Lamb, Maureen Rupe, Bob Wille, and Sandra Clinger.

 

 

 

The Board recessed at 6:39 p.m. and reconvened at 6:57 p.m.

 

 The following individuals commented on their concerns and offered suggestions:  Linda Barrett, Bill Hillberg, Nancy Higgs, John Schantzen, Mary Hillberg, Rodney Honeycutt, Laurilee Thompson, Steve Austin, William Buchman, Vince Jackson, Suzanne Valencia, Timothy Smith, Jim Durocher, George Rosenfield, and Deborah Longman-Marien.

 

 Mr. Brown reviewed a series of recommendations regarding the Brevard County Comprehensive Plan, Conservation Element Objective 5-Wetlands.

 

Policy 5.2.E.3 - General Statement

Commissioner Infantini made a motion to remove the additional layer of wetlands regulation and default to the St. Johns River Water Management District (SJRWMD), Department of Environmental Protection (DEP), and Army Corps of Engineers.  Commissioner Anderson stated he would second the motion.  Commissioner Fisher stated he does not support turning it over to the SJRWMD, but he does support changes making wetlands regulations easier.  Commissioner Bolin asked if the Board is required to have a plan.  Mr. Brown stated yes, Florida Statute 163 outlines criteria that localities have to have, as it relates to their Comprehensive Plans, and it is very specific about wetlands; and some localities do not have a lot of details because they do not have any significant wetlands to protect due to being in an urban environment.  Chairman Nelson stated he does not want to give up the County's right to plan the community to a State agency and is not inclined to want to do so.  Motion failed.

 

 Mr. Brown asked for clarification on in regards to the term 'Residential', now that Residential Professional (RP) has moved to Institutional Class RP Policy; and inquired if the Board could give staff direction to the Land Development Regulations (LDR) as part of the transmittal process, and then it will come back to the Board for transmittal.    

                       

The Board approved subject to staff modifications as discussed, and review by the County Attorney prior to bringing it back to the Board; and directed staff to place Residential Professional with institutional policies. 

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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 Policy 5.2.E.3.a - I-95 Interchanges

 

Mr. Brown advised the Board of the modification in Policy 5.2.E.3.a, which states one-half mile radius shall extend from the end of the limited access boundary of I-95.

 

 

The Board approved as recommended.

 

 

 

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  Policy 5.2.E.3.b - Commercial/Industrial Corridors

Mr. Brown stated the language in Policy 5.2.E.3.b has significantly changed; there are two options for the Board to consider; and staff has worked with the County Attorney's Office to develop the options.

 

 The Board approved Option 2, and directed staff to begin the Land Development Regulations (LDR) after getting the reading back from the State, and approach the issue of the highly functioned wetlands adjacent to corridors.

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

 

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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 Policy 5.2.E.3.c - Abutting

 

Mr. Brown explained Policy 5.2.E.3.c, that commercial and industrial land development activities may be permitted in wetlands contained in properties designated for commercial, industrial, or residential land uses on the Future Land Use Map prior to February 23, 1996, if the property abuts land developed as commercial or industrial as of December 31, 2010, and has sufficient infrastructure available to serve the commercial or industrial use.

 

 The Board approved Option 1. 

 

 

 

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 Policy 5.2.E.3.d - Dependent Special Districts

 

Mr. Brown stated Policy 5.2.E.3.d, Dependent Special Districts created pursuant to Florida Statutes Chapters 125, 163, and 189, commercial and industrial land development activities may be permitted in wetlands contained in properties designated for commercial, industrial, or residential land uses on the Future Land Use Map. 

 

 The Board reached consensus to deny Policy 5.2.E.3.d - Dependent Special Districts.

 

 RESULT:           DEFEATED [UNANIMOUS]

 

 

 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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 Policy 5.2.E.3.e - Access to Uplands

 

Commissioner Fisher asked if there was a wetland in front of a large tract and one did not want to create a bunch of access points, and just wanted to have one access point, is that stated in the policy.  Mr. Brown stated it is something staff would have to do in LDR's to make it abundantly clear.

 

 

 

The Board approved as recommended; and directed staff to clarify in land development regulations allowable access. 

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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 Policy 5.2.E.3.f - Bona Fide Agricultural Lands

Mr. Brown stated Policy 5.2.E.3.f addresses activities that are allowable, either permitted, permitted with condition, or granted by the Board through conditional use permit on agricultural lands, but would be prohibited for the development as a result of wetlands.

 

 

 The Board approved as recommended.

 

 

 

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 pPolicy 5.2.E.4 - Institutional

 

Mr. Brown stated in Policy 5.2.E.4 if one is designated institutional on properties that are residential, one is treated as residential.

 

The Board approved, including Residential Professional (RP).

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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  Policy 5.2.E.8 - Consistency Modification

Mr. Brown advised in Policy 5.2.E.8 staff removed the word 'primarily' and stated wetlands impacts should be limited to issues related to structural building requirements under the floodplain elevations, on-site disposal systems, and added required stormwater management and parking, because commercial operators are required to have more than one access.   

 

 

 

The Board approved as recommended. 

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

 

  

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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Scope of Services

The Board directed staff to create a Scope of Services for a regional look at Brevard County wetland systems for the purposes of comprehensive planning and permitting process. 

 

 

 

RESULT:           ADOPTED [UNANIMOUS]

 MOVER:            Chuck Nelson, Chairman / Commissioner District 2

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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 Upon Board consensus, the meeting adjourned at 8:39 p.m.

 

 

  

ATTEST:                                             __________________________________

                                                            CHUCK NELSON, CHAIRMAN

                                                            BOARD OF COUNTY COMMISSIONERS

                                                            BREVARD COUNTY, FLORIDA

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MITCH NEEDELMAN, CLERK