Planning and Zoning Board Minutes 2013 08 August - Brevard County

PLANNING AND ZONING BOARD MINUTESLOCAL PLANNING AGENCY MINUTESThe Brevard County Planning & Zoning Board, and Local Planning Agency, met in regular session on Monday,August 5, 2013, at 3:00 p.m., in the Commission Room, Building C, Brevard County Government Center,2725 Judge Fran Jamieson Way, Viera, Florida.The meeting was called to order by the Chair, Henry Minneboo, at 3:00 p.m.Board members present were: Henry Minneboo, Chair; Peter Aydelotte, Vice Chair; Bill Cannon; Aneta Ott;Sue Schmitt, Clyde Thodey; Bruce Moia; Tim Harber; Robert LaMarr, Ron Bartcher, and Andy Barber.Staff members present were: Christine Lepore, Assistant County Attorney; Cindy Fox, Planning, Zoning &Enforcement Manager; Darcie McGee, Natural Resources Management Office; and Jennifer Jones, SpecialProjects Coordinator.The nine regular members voted throughout the meeting.Henry Minneboo – Okay, this is the Planning & Zoning Board, which is an advisory board to the Board ofCounty Commissioners. All the items heard today and the final decisions will be made on September 12 th backin this meeting room. So, those of you all that will get an approval or denial will be back here on September12 th at 5:00 p.m. Each applicant today will be given 15 minutes to provide their presentation if needed, andindividuals speaking for or against will be given five. Did everyone have an opportunity to look at the P&Zminutes of July 8 th ?Clyde Thodey – Motion to approve.Henry Minneboo – Motion by Clyde.Aneta Ott – Seconded by Aneta.Henry Minneboo called the question and the motion passed unanimously.Jennifer Jones advised the board that Ron Bartcher and Robert LaMarr are ineligible to vote, as the regularmembers from their districts are present.Henry Minneboo – Christine, we had a couple of concerns here that we’d maybe like to talk about a little bit inthe open. I think one of those were qualifying people, so to speak, that may provide testimony here.Christine Lepore – Right. You meant swearing people in?Henry Minneboo – Yes, ma’am.Christine Lepore – That’s not necessarily required. I’ve seen it done with some boards here, not others. Thisis an advisory board.Henry Minneboo – Well, we’re quasi, so we really don’t have the last say-so anyway, though.Christine Lepore – Right, and I’ve never seen any case law overturning a decision because a witness was notsworn in at this type of proceeding.Henry Minneboo – I think also, in the past, we’ve had……there’s been some concern about, sometimes we fillthis place with attorneys, and we rummage through all our……..just like we’re in case law here or something,you know. Could you sort of render an opinion on that?Christine Lepore – For cross examination?

P&Z MinutesAugust 5, 2013Page 2Henry Minneboo – Yes, ma’am.Christine Lepore – This is, as you say, a quasi-judicial proceeding and due process is a requirement of theproceeding, that includes the requirement that the applicant have notice and ability to question all informationthat this board is going to consider in making its decision or recommendation. So, case law in courts haveallowed cross examination of witnesses. Now, the question is, how should that occur. You and I had somediscussion on whether that could occur through the chairman of the board, or directly between the attorney andthe particular witness, and I’ll leave that up to you to decide.Henry Minneboo – I’m going to throw that back on the board. Does everybody know sort of what we’re talkingabout? Of course, Sue. What’s the board’s feeling on that? I mean, a lot of people when they’re questioningthe individual here, they’re a little uncomfortable with the situation. I mean, coming to me, is that going to bemore cumbersome than…..? Sue.(Microphone not working)Henry Minneboo – Hit the button. We’re not on, on that side.Bruce Moia – I’m on over here, can you hear me?Henry Minneboo – Yeah, we can hear you. Hand that to Sue, please.Bruce Moia – It will only go so far.Sue Schmitt – Yeah, I’d have to stand upside down. Can you hear me?Christine Lepore – We can hear you, but it’s also how it gets recorded into the system.Henry Minneboo – Okay.Christine Lepore – Sorry, we have the same problems over here, we’ve got mics out.Sue Schmitt - Okay, can you hear me now?Henry Minneboo – Yes, ma’am, great. Thank you.Sue Schmitt – I think at our last meeting Kim Rezanka wanted to cross examine, and I believe some of theboard members are not aware that that could be done, perhaps. I was always told exactly what has just beensaid by your attorney, that that was certainly a valid side and that they have the right, and there have beencourt decisions on that to cross examine. I think that if the chairman maybe set the rule that at the end of allthe public being heard, then if the applicant’s attorney wanted to cross examine it would be easier than goingthrough……Henry Minneboo – Coming back to me and then going back…..Sue Schmitt – Yeah, I think it would just be easier if that was announced in the very beginning, and then if theydon’t want to do that, that’s fine, but then the attorney for the P&Z also has an opportunity to do the same thingif they want to.

P&Z MinutesAugust 5, 2013Page 3Henry Minneboo – Is that the general consensus of the board? Does anybody else want to comment? Okay,thanks, Christine, you helped us a lot. We’ll just keep it like it is. We don’t need to re-invent the wheel, I don’tthink. Okay, let’s go ahead. Thank you.Cindy Fox – We have a B agenda and a C agenda. The B agenda are your regular items, there are five ofthose. The C agenda is the administrative rezonings and there are four of those.V.B.1. (13PZ-00055) – THE VIERA COMPANY – (Maria Puzino) requests a Conditional Use Permit forAlcoholic Beverage for On-Premises Consumption (beer & wine only) in a PUD zoning classification for Unit115, on .026-acre. Located on the north side of Viera Blvd., 350 ft. west of Stadium Pkwy. (5380 StadiumParkway, Rockledge)P&Z Recommendation: Schmitt/Thodey – Approved. Vote was unanimous.Cindy Fox – This is in the new Publix shopping center, up here north of the stadium.Henry Minneboo – So, they’re the only people that will have a beer, CUP, in the entire area?Cindy Fox – At this point. This will be the first unit in that strip center, that’s correct.Henry Minneboo – Is the applicant here? Please come up. State your name and address for the record,please.Maria Puzino – Maria Puzino, 128 Island View Drive, Indian Harbor Beach.Henry Minneboo – Does anybody have any questions for this couple? Is there anybody out in the audiencewould like to speak for or against this. Seeing none, I bring it back to the board.Clyde Thodey – I’ll go ahead and approve as stipulated.Henry Minneboo – Okay, that was a motion by Sue, when she got a hold of her……., and then seconded byClyde.Henry Minneboo called for a vote on the motion as stated and it passed unanimously.Henry Minneboo – Did you mark down September the 12 th ?Maria Puzino – Yes.Henry Minneboo – Great. Congratulations.Maria Puzino – Thank you.Henry Minneboo – I hope you all do extremely well.V.B.2. (13PZ-00060) – CLARK-GAICH ENTERPRISES – (Kelly Guion) – requests a Conditional Use Permitfor Alcoholic Beverages for On-Premises Consumption in a BU-1 zoning classification for Unit 110, on 0.02

P&Z MinutesAugust 5, 2013Page 4acre. Located on the east side of N. Wickham Rd., approx. 150 ft. south of Suntree Blvd. (7025 N. WickhamRd. Unit 110, Melbourne)P&Z Recommendation: Harber/Aneta Ott – Approved. Vote was unanimous.Cindy Fox – I need the affidavit for sign posting if the applicant is here.Henry Minneboo – Is the applicant here?Cindy Fox – The applicant’s not here yet. Would you like to take this item?Henry Minneboo – Yeah, let’s move on to District 1 if we can, please.Cindy Fox – Okay, we’ll go back to V.B.2. We’ll do V.B.3.V.B.3. (13PZ-00050) – GRAY BREWER, JR. – (Danielle M. Vann) requests a Small Scale Plan Amendment(13S.07) to change the Future Land Use designation from Residential 1 to Residential 2, and a change fromAU to SR on 1.09 acres. Located on the northwest corner of Indian River Drive and Indian Trail. (No assignedaddress. In the Cocoa area)LPA Recommendation: Schmitt/Cannon – Denied. Vote was unanimous.P&Z Recommendation: Ott/Cannon – Approved with a Binding Development Plan limited to one unit.Vote was unanimous.Henry Minneboo – Is the applicant here? Yes, ma’am, please come up.Danielle Vann – My name is Danielle Vann, I live at 1701 SW 6 th Avenue, Pompano Beach, Florida. I’mrepresenting Gray Brewer, future land seller to me. I’m going to be buying the land if this gets approved. Thereason that the variance is needed is because the frontage on the river side is only 112 feet. The reason it’s112 feet is because there’s a house on the north of this property and it has a dock that goes like this into thewater. It goes from the north to the south, encroaching on that property. Plus, there’s a driveway in betweenthe two properties that also lies almost dead-center in the 125-foot zone, so there really wasn’t any otherremedy but to divide it the way that he did.Henry Minneboo – That’s probably one of them old docks?Danielle Vann – It’s 300 feet long, he was a clam farmer, and it’s huge.Henry Minneboo – Okay, I know where you’re at. Anybody have any questions for this applicant? Seeingnone….Sue Schmitt – I wanted to ask a question, if I could.Henry Minneboo – I’m sorry. Sue.Sue Schmitt – According to the information that we have, the residents around there would only like thisdeveloped as one lot. Is that correct?Danielle Vann – Was there somebody that protested it?

P&Z MinutesAugust 5, 2013Page 5Cindy Fox – There was some previous discussion in this area for Residential 1 Future Land Use, one unit peracre.Sue Schmitt – So, this could be done with a Binding Development Plan, with one unit, and then we would nothave to change the Future Land Use.Cindy Fox – That’s correct. So, the motion would be to approve with a Binding Development Plan limiting thedensity to one unit per acre.Henry Minneboo – Does that sound?Danielle Vann – That would be fine with me, I’m building my retirement house here, which is one.Henry Minneboo – Anything else, Sue? Anybody out in the audience would like to speak for or against?Seeing none, I bring it back to the board.Aneta Ott – Motion to approve.Bill Cannon – Second.Henry Minneboo called for a vote on the motion and it passed unanimously.Christine Lepore – Mr. Minneboo, for clarification, can we get confirmation on which approach you took, eitherthe Small Scale to Res 2, plus the rezoning, or the rezoning and Binding Development Plan without the SmallScale Amendment?Henry Minneboo – I think we want to do it with the…….Sue Schmitt – Binding Development Plan.Aneta Ott – It was with the Binding Development.Christine Lepore – For the record, can we get a motion on denial of the Small Scale Plan Amendment request?Henry Minneboo – Is there a motion for denial?Sue Schmitt – I’ll move it.Bill Cannon – Denied.Henry Minneboo called for a vote on the motion and it passed unanimously.Henry Minneboo – The Binding Development Plan already has passed. It was logistics; we weren’t going toset your house on fire.Cindy Fox – I think we can go back to V.B.2. now.

P&Z MinutesAugust 5, 2013Page 6V.B.2. (13PZ-00060) – CLARK-GAICH ENTERPRISES – (Kelly Guion) – requests a Conditional Use Permitfor Alcoholic Beverages for On-Premises Consumption in a BU-1 zoning classification for Unit 110, on 0.02acre. Located on the east side of N. Wickham Rd., approx. 150 ft. south of Suntree Blvd. (7025 N. WickhamRd. Unit 110, Melbourne) (CONTINUED)P&Z Recommendation: Harber/Aneta Ott – Approved. Vote was unanimous.Henry Minneboo – Yes, ma’am, state your name and address for the record.Kelly Guion – My name is Kelly Guion, and my business address or home address?Henry Minneboo – Home.Kelly Guion – 3162 Glen Ridge Circle, Merritt Island, Florida.Henry Minneboo – Everybody understand what she’s trying to accomplish here? Miss Sue?Sue Schmitt – I know, I’ll shut up after this. You want this in a floral business, is that correct?Kelly Guion – Yes, ma’am.Sue Schmitt – Are you going to have alcoholic beverages?Kelly Guion – Yes, ma’am. We do wine baskets and it makes sense.Jennifer Jones – Ms. Guion, can you please speak into the microphone?Kelly Guion – Oh I’m sorry.Henry Minneboo – Just get close to the mic.Kelly Guion – Yes, it will be in the front part of the store and then the flower design rooms are in the back of thestore.Sue Schmitt – Okay, thank you.Henry Minneboo – It’s almost like Petty’s, isn’t it Sue?Sue Schmitt – Yes, they have wine and beer.Henry Minneboo – I didn’t want to tell you how I knew. Anybody in the audience would like to speak for oragainst this? Seeing none, I bring it back to the board.Tim Harber – I’ll make a motion to approve.Henry Minneboo – Motion by Tim.Aneta Ott – Second.Henry Minneboo called for a vote on the motion and it passed unanimously.

P&Z MinutesAugust 5, 2013Page 7Henry Minneboo – And you know September 12 th , back here?Kelly Guion – Right.V.B.4. (13PZ-00058) - JERRY W. DAVIS, TRUSTEE – (Robert Grassman) – requests a Small Scale PlanAmendment (13S.08) to change the Future Land Use designation from NC (Neighborhood Commercial) to CC(Community Commercial), and a change from GU to BU-2 on 2.29 acres. Located on the east side of GrissomParkway, 200 ft. north of Al Kleinfeldt Way, Cocoa. (No assigned address. In the Canaveral Groves area)LPA Recommendation: Cannon/Harber – Approved. Vote was unanimous.P&Z Recommendation: Harber/Cannon – Approved. Vote was unanimous.Henry Minneboo – He’s okay on the sheet?Cindy Fox – We’re good.Robert Grassman – Robert Grassman, 4450 W. Eau Gallie Blvd., Suite 232, Melbourne, Florida, 32934. I’mhere on behalf of Jerry Davis who would like to put a warehouse facility on his existing vacant parcel. Thecurrent zoning there is undefined and we had to go through zoning anyway. The property is consistent with theland use; per the staff report everything seemed to be consistent with the surrounding area. It’s pretty straightforward.Henry Minneboo – Anybody on the board have a question for this gentleman? Seeing none, is there anybodyout in the audience would like to speak for or against? Seeing none, I bring it back to the board.Tim Harber – I’ll make the motion to approve.Bill Cannon – Second.Henry Minneboo called for a vote on the motion and it passed unanimously.Henry Minneboo – September 12 th , remember.Cindy Fox – Wait, can we get a clarification on the small scale as well as the rezoning?Bill Cannon – I’ll move.Tim Harber – Second.Henry Minneboo called for a vote on the motion and it passed unanimously.Robert Grassman – Thank you, very much.Cindy Fox – Thank you.

P&Z MinutesAugust 5, 2013Page 8V.B.5. (13PZ-00008) – LEAH MARINA HOLDINGS, LLC - (Thierry Brunschwig) – requests a CUP formitigating a Non-Conforming Use pursuant to Section 62-1190 in an RU-1-11 (Single-Family Residential)zoning classification, on 8.88 acres, +/-. Located on the west side of S. Banana River Dr., approx. 0.2 milesouth of Mili Ave. (Part of 1357 S. Banana River Dr., Merritt Island)P&Z Recommendation: A.) Harber/Cannon – Approved a CUP for the existing historical use of acommercial/recreational marina. Vote was unanimous. B.) Harber/Moia – Approved the 17 conditionsagreed to by the applicant, as follows: 1.) The use of the property shall be limited as described herein;2.) The use of the property shall be limited to office space and a bathroom/laundry facility, its existinguse as a commercial/recreational marina, and potential single-family residential development with noother commercial uses on the west side of South Banana River Drive; 3.) A six-foot (6’) masonry wallshall be constructed along the north property line as depicted on the sketch plan, per Sec. 62-1937.The wall must be completed prior to use of the bathroom/laundry facility; 4.) The marina shall belimited to 104 slips; 5.) No more than 50 of the slips may be utilized as full-time liveaboards; 6.) Nohardening or bulkheading of the basin walls unless all applicable permits are obtained from regulatingauthorities; 7.) No expansion of the basin unless all applicable permits are obtained from regulatingauthorities; 8.) Any expansion must meet all fire and safety codes; 9.) The owner shall be responsiblefor cleaning of the basin culvert and baffles on the northern portion of the basin; 10.) The owner shallinstall a private sewer system, limited to a force main system. Any continued use of the old bathroomsshall be connected to the sewer system unless the old bathrooms are removed; 11.) The owner will berequired to pay all impact fees upon submission of an application for a building permit if required; 12.)The owner shall either remove the existing laundry facility upon installation of the new facility orconnect the existing laundry facility to the sewer system; 13.) The hours of operation of the marinaoffice if moved to the CUP Property shall be from 6:00 a.m. to 9:00 p.m. and shall be posted; 14.) Theowner shall require that all activities comply with County performance standards. The owner shallpost that no motor repairs shall be performed after 9:00 p.m.; 15.) The owner shall maintain theadjacent bascule bridge owned and operated by owner in good working condition, and shall cooperatewith any requests by the County and/or FDOT to inspect the bridge; 16.) The owner shall provideeducational information including in-water signs and an educational kiosk regarding manateeprotection and no wake zones as coordinated with appropriate State and County agencies; and 17.)The owner shall designate one boat slip for use by governmental agencies, including but not limited to,BCSO, FWC, or FDEP, and shall have a sign posted for such designated slip. The board furtherstipulated that the trash dumpster remain in its current location. Vote was 6:3, with Ott, Barber, andSchmitt voting nay.Cindy Fox – This was tabled from the May 6 th and July 8 th Planning and Zoning meetings. I will let the boardknow that we have met with the both neighborhood representative and the marina representative, and we’vecome up with a list of negotiated conditions, changed from the one that was presented at the July 8 th meeting,and as per required in the Code, 62-1190, we’ve also provided the board with a list of existing non-conformingconditions.Henry Minneboo – Since we’ve heard this numerous times, we probably don’t need to go through the wholescenario, or do we need to approve what, hopefully, all the applicants have approved?Cindy Fox – I think that there’s probably still some room for discussion, so I think the board should let theapplicant speak.Tim Harber – You’ve given us three sheets here, what’s what?

P&Z MinutesAugust 5, 2013Page 9Cindy Fox – I’ve given you a strike through and underlined version of what was presented to you on July 8 th ,and I’ve given you a clean copy of the present negotiated conditions between the marina applicant and therepresentative of the neighbors in the area. The third piece of paper is a list of the non-conforming conditionsthat we’re required to provide to you. These will go forward from you to the Board of County Commissionersas required.Tim Harber – Then the 14 items, that’s agreed upon by the applicant? I’m sorry, 17. Those are all agreedupon?Cindy Fox – There are 17 items on the list that were discussed and have been agreed upon. I think thatthere’s still room for discussion, however.Henry Minneboo – Do we……should we start with the applicant again?Cindy Fox – Yes, that’s your normal procedure.Clyde Thodey – Let me just ask, what are you suggesting on these 17 items that needs to be addressed?Cindy Fox – What I’m suggesting is that these are negotiated terms and that the applicant and therepresentative of the neighbors may not agree 100% of these negotiated terms, so I think there’s still someroom that those two parties would still like to discuss with the board those conditions.Clyde Thodey – So, you’re saying all 17 need to be addressed?Cindy Fox – No, sir. I believe there’s four remaining issues that they would like to discuss.Clyde Thodey – What for?Cindy Fox – They’re going to discuss them.Henry Minneboo – Does the board want to……..I’m just trying to think how to handle this. I mean, if wegot…..they worked out all the details to some degree and then we’ve got four, maybe, outstanding issues, isthat somewhat………an assumptionRon Abeles – Yes, sir, I believe.Henry Minneboo – As I often say, the board’s heard this a couple of times, so I’d like to feel they’ve got someknowledge.Ron Abeles – I’d like to ask the board, has anybody been out to the marina at all to look around and see whatI’ve done out there?Henry Minneboo – A couple two or three people.Ron Abeles – Any issue? Did it look good?Tim Harber – A lot better than it used to.Ron Abeles – Thank you, that’s what I’m trying to do. I can tell you the four concerns that they’re talking aboutif you want me to bring them up, okay? Number 1 here, it says, “When will there be a sketch for the masonrywall”? “Can this go forward without this sketch”? I guess this is Kim Rezanka’s questions, their attorney.

P&Z MinutesAugust 5, 2013Page 10Clyde Thodey – What number are you speaking about?Ron Abeles – This is the four issues I was given by Miss Fox over here.Cindy Fox – Number 3 on the list of the negotiated conditions addresses the wall. And the representative ofthe neighborhood has inquired as to when this wall will be shown on the sketch plan. We can require theapplicant to provide an updated sketch to the Board of County Commissioners.Ron Abeles – I mean, this is stuff I think that they’re making me go in circles. I have agreed to build a wall. I’mgoing to build the wall. Does it have to be on a sketch now, or later when I get the CUP? I’m going to build thewall, I’ve agreed to that. Now they just want to know when it’s going to be on a sketch.Henry Minneboo – Is that……..that six-foot masonry wall…..is that number 3 on………?Ron Abeles – Yes, sir. I agree, I will build that wall. Does it have to be on the sketch now, or when I do mysite plan, I’m not sure. Can we go forward? I’m agreeing to do the wall, though.Henry Minneboo – Okay, number 2.Bruce Moia – Can I interrupt on that one?Henry Minneboo – Yes, sir.Bruce Moia – It says that it shall be constructed depicted on the sketch plan, so that means it’s already on thesketch plan, so what additional sketch needs to be done?Cindy Fox – It is currently not on the sketch plan. He can update that sketch plan as required before he goesin front of the Board of County Commissioners for approval. We were doing this list late Friday.Bruce Moia – Okay, it’s not depicted on a sketch plan?Cindy Fox – The wall is currently not, it was a negotiated term on Friday.Bruce Moia – So, the conditions should say, “Shall be constructed on the north property line”, period. At leastending that first sentence, correct?Cindy Fox – I think that the applicant has agreed to provide a picture of the wall on the sketch plan prior to theBoard of County Commissioners meeting.Ron Abeles – No problem.Bruce Moia – Okay, good.Ron Abeles – I’m willing to do whatever it takes.Henry Minneboo – Number 2.Ron Abeles – The location of the dumpster on the enlarged site plan is unacceptable. No problem, I’m goingto leave it where it’s at now, which is…….Henry Minneboo – What number is that for me?

P&Z MinutesAugust 5, 2013Page 11Ron Abeles – That was not even on this, this is a new thing that came up.Cindy Fox – The dumpster is not discussed in these conditions that we’ve provided to you. It was somethingthat was brought up today by the……..it’s been an ongoing issue.Ron Abeles – It will stay where it’s at now, which seems like a good spot for it, no one complains about it, it’saway from everybody, it’s not near any houses or anything, so I’ll leave it right there.Henry Minneboo – Number 2, then, that’s maybe on this plan.Ron Abeles – We had a problem, I guess, with how many liveaboards are at the marina. Now, Cindy, I wasgoing to ask you, is there a statute that says how many I can have there, or can’t have there? Or is it just aslong as I have enough parking for it? I mean, I just don’t want to agree……like I kind of feel like I’m beingrailroaded here. If I have the ability to have 50 people out there by law, by the statute, I want to be able to dothat, but I’m not saying I would use them all, but I shouldn’t be told what I can do and what I can’t do, I go bywhat the statute says, what the County says I can do. So, I don’t know who’s telling me.Henry Minneboo – Christine?Christine Lepore – Right. To take a step back, if I may, part of this process in this particular CUP……..Clyde Thodey – Christine, can you go into the microphone? Thank you.Christine Lepore – Part of the process for this particular CUP is to mitigate a non-conforming use. So, we haveto look at what that historical non-conforming use is. So, what may be currently allowed, this non-conforminguse, is difficult to define because we have to look at what’s been there historically. Right now, you said youhad about 25 liveaboards, so……Ron Abeles – But I don’t know how many were there five years ago, maybe there were 50 five years ago.Christine Lepore – Right. He can have up to 104 slips. I don’t know, historically, that there have ever been104 liveaboards.Ron Abeles – Probably not.Christine Lepore – So, for purposes of defining what this historical use is, and for moving forward and providinga mechanism that can be enforced, it’s advisable to pick a number, and we’ve used 50.Ron Abeles – I agree with 50, half, which is fair.Christine Lepore – That you’ll see in number 5 on your list of 17.Henry Minneboo – Thanks, Christine. Alright, number 3.Ron Abeles – I’m fine with 50, yes, I am, even though I shouldn’t have to do that, I’m going to say okay.Henry Minneboo – Alright, number 3.Ron Abeles – It would actually be number 4 on the list.Henry Minneboo – Well, the third item, wherever the third item is.

P&Z MinutesAugust 5, 2013Page 12Ron Abeles – Okay, this is something even I’m a little confused about. “There are no conditions to address thedust problem from the dirt road. The problem has been testified to repeatedly. Two suggestions are to coverthe road with ground up rubber, I guess, tires, or water it twice a day. We’re open to suggesstions from theapplicant”.Tim Harber – What number is that, Ron?Ron Abeles – This is…..Cindy Fox – This is just a list of things that the representative of the neighborhood brought forward, so this isafter we have talked about these. So, dust is a performance standard, dust and particulate matter isaddressed in the code. It can be something Code Enforcement is called to address. Remember, he is goingto have to go through the site plan process to construct bathrooms, so this is an issue that possibly could beaddressed at the site planning stage, but I think they’re asking the applicant at this time how to address thatongoing issue.Ron Abeles – I’m also going to say I’ve agreed to put a six-foot masonry wall up. I think that’s going to stopsome of the dust right there. So, that’s part of it. You know, I want to help with the neighborhood, and if I haveto put some marl rock down, or something like that, if I have to pave it eventually, fine, but I have to say, theneighbors on the north end, I’ve seen them do nothing on their part to mitigate any of the dust. That marinahas been there for probably before those houses were there, so I would think that if it was a big problem,someone would maybe put some trees up, or some little landscaping in their yard, but I see none from them,none. My chain link fence is there, it’s been there for 40-50 years, but again, I’m willing to do what I can, I justdon’t like to be told the things I should have to do that aren’t by code, but I’ll do whatever I can to help theneighborhood out.Henry Minneboo – Let’s move on from that one, then.Andy Barber – Can I ask a question?Ron Abeles – Yes.Andy Barber – About the dust?Ron Abeles – Yes.Andy Barber – Is it possible to put down some, like, crushed asphalt.Ron Abeles – Marl rock, kind of like?Andy Barber – Yes, just crushed asphalt, it’s used asphalt and you just bring it in on a truck and spread it and itcompacts itself and it would solve your problem and it would be extremely inexpensive.Ron Abeles – No problem. And you know, as a matter of fact, just so you know, they were complaining aboutthe people going through the marina too fast, and I went and put some pipes down to try to form some sort ofspeed bump. I’m just saying, I’m doing what I can……Andy Barber – The crushed asphalt would probably solve that problem as long as it’s wide enough and theystay on it, that it would solve that problem forever.Ron Abeles – No problem.

P&Z MinutesAugust 5, 2013Page 13Bruce Moia – You need to be careful about though, because that might push them into a……Henry Minneboo – Pervious and impervious…..Bruce Moia – Yeah, it might get him into another permit requirement that he can’t possibly comply with.Henry Minneboo – We’ll move on from there.Ron Abeles – That’s about the four new conditions that came up besides what we’ve already agreed upon, andagain, I just want to say I’ll do whatever I can to be a good neighbor, I will do nothing that……..I’m going to stayby the code and be totally transparent. That’s all I can say, I’ll do what I’m supposed to do, by the code.Tim Harber – So, then just that I’m clear, this sheet, you’re good with everything? I’ve written down that thedumpster is going to stay where it is and dust is an issue, so if we were to say this is the deal, you’re okay withit?Ron Abeles – Yes, sir.Tim Harber – Okay, thank you very much.Kim Rezanka – Good afternoon, Chairman, members of the Planning and Zoning Board, Kim Rezanka 8240Devereux Drive, Viera, Florida. I, as I’ve mentioned before, I’m representing 35 property owners. We met withMr. Abeles, Christine Lepore, Morris Richardson, Cindy Fox, Charise Parker, and Darcie, for two hours onFriday. It was just Friday, and I said, “Look, these are great, but I’ve got to go back and meet with my clients”,which I did on Sunday – was the first time we could do it. So, those were issues that came up and so that’swhy this is the first time anyone’s talked about it, but we didn’t get to meet until Friday. My first question is,have you all seen the revised site plan? I didn’t see it in your packet. So, you all don’t even know what you’revoting on, and that’s a concern of mine. There is an enlarged site plan, he’s shown the dimensions of thebuilding. We just got this on Friday, that’s when I just saw the dumpster pad to the west of the proposedbuilding, and the proposed building is almost 1,500 square feet, it’s 16x40x36 with a little cut-off, so that’s thesketch plan that you’re approving that you don’t have a copy of. There’s no masonry wall, and that was aquestion, can you approve it without the masonry wall being put on it, and Morris addressed it and said, yes,you can. This is the picture, I’m going to pass it around so you all at least know what the dimensions are thatwas requested a couple of months ago. It’s just so you know what it is, and that’s what I was asking him aboutthe wall. He’s agreed to the wall, we had lots of discussion about the wall, there’s going to be a landscapebuffer, and so we came a long way, everyone worked together, but these were some issues when I met withthe clients on Sunday. You may recall the discussion about the dust, and Ms. O’Neil testified – the older ladythat couldn’t hear – that she had to change her filter every 10 days because of the dust. It was an oversight,part of it was because we didn’t think about it, and I apologize. So, that’s why the dust came into issue.Whether you want to address it or not is still an issue and I understand that. As to the liveaboards, back in2008 there was a liveaboard study, and that’s in the record, and at that time in 2007/2008 there were 19-20liveaboards. That’s the historical use, that’s what we have. He’s even said in a prior hearing it was 20-22, nowhe’s saying there’s 25 liveaboards. We’re just trying to make the historical conditions the historical conditions.That’s why when he says 50 liveaboards per code, each liveaboard is supposed to have its own parking spot.So, right now, we have 25 liveaboards, if he has 25 more liveaboards there needs to be 25 more parkingspaces. It’s just a mechanism to control the conditional use permit, 50 is really too high. And I need to backup because he’s asking for a conditional use permit, he’s asking to make a non-conforming use conforming,and so he has some burden here that has not been reached. We have been trying to work with him, some ofthese conditions are great for the neighborhood, but that’s the issue, 50 liveaboards really is unacceptable andyou all have the final say in the conditions, whether 50 is too high or 25 is too low, somewhere in between, butthere must be some mechanism that if he has more than what he’s got now, he needs to put in parking. That’s

P&Z MinutesAugust 5, 2013Page 14why we asked that you consider putting it at 25, which is what he’s testified to, which is historical, and one ofyour conditions is that the use of the property shall be – this is number 2 – “property shall be limited to itsexisting use”, it’s a commercial/recreational marina, so the existing use is 25, that’s why we’ve put that in there,that’s why the concern was about more parking. There wouldn’t be enough parking if we had 25 moreliveaboards. The dumpster, he’s agreed to take off the site plan, that’s great. Again, these are just issues thatcame up and Mr. Abeles and I discussed about it. So, basically, the dirt road is an issue, I don’t know what wecan do about it, I don’t know what conditions can be improved on, maybe that’s something you’ll leave for theCounty Commission. The liveaboards, I believe, is something you can do about it. He’s already agreed to thedumpster and now you’ve at least seen the proposed sketch plan. With that, I’d ask that you considerchanging the liveaboard condition to 25 from 50.Henry Minneboo – Kim, I’m going to comment, and you know, I’m not in favor of providing a whole lot ofrestrictions on how many liveaboards, because we don’t know that magic number. I don’t know if we’requalified to say, “Hey, you had 104 slips, but you’re only entitled to 37”. I’m not sure that we’re……..thisboard…..and then, historically, if there’s been 25 there, that dirt road has been there since 1953, that dirt area,I can tell you that, so it’s been there a long time, too, so do we bring back everything……it’s a dirt area… andrequire this guy to pave it? I don’t know, that’s just from the Chairman’s comments.Kim Rezanka – In response, he’s asking to make this conforming, he’s asking to mitigate nuisances, the dirt isa nuisance. So, it’s appropriate to discuss, whether you choose to do something about it, it’s an appropriatecondition, he’s asking for something.Henry Minneboo – But if he does nothing, I think this guy – I’ve never seen him before in my life – has come along way hereKim Rezanka – I agree.Henry Minneboo – I think he’s grabbed the hearts of some of these board members here…….I’m not sure.Clyde Thodey – I also think that basically, I think the neighbors are getting a lot, from what it was in the past. Iknow how long that dirt road has been there. I used to have a boat in that marina, a 42-footer that we wouldcome down there on a weekend, take it out, come back, stay overnight on the boat and leave the next day.So, I can’t agree with the interpretation that we have to give a liveaboard how many you’re going to have. If hehas 104 slips he’s entitled to have people……if they want to share and have a large enough boat to stayovernight, that’s the way that marina has always been, and I think it needs to stay the same way.Henry Minneboo – Thank you.Bruce Moia – If I could, Henry, I’ve got a comment.Henry Minneboo – Did you have some questions for Kim?Bruce Moia – We know how many parking spaces are on the site, correct?Kim Rezanka – Sort of.Bruce Moia – Well, it’s going to be on the site plan, it won’t get approved until there’s a parkingdetermined….there will be a number determined…….Kim Rezanka – The only parking you’re going to get is for the expansion, so no, you don’t know. You don’t.That’s the problem.

P&Z MinutesAugust 5, 2013Page 15Bruce Moia – I don’t think that’s true.Cindy Fox – From what we can tell there are approximately 67 spaces throughout the site.Bruce Moia – So, if they can either accommodate what they can based on what they have parking for they canaccommodate for…….if they want to, in the future, expand this and do the proper improvements to have moreliveaboards then so be it. That’s just my opinion.Kim Rezanka – They’re not going to be regulated by parking. I’m just saying, they’re not, they’re only going tobe regulated to the new spaces.Henry Minneboo – Any other questions for Ms. Rezanka? Anybody else? Yes, ma’am.Kathy Bird – I’m a neighbor, I’m adjacent. My name is Katherine Bird, 1255 South Banana. Thank you in thebeginning for clarifying the obligation of this board. It’s a refresher because I do recognize only three longstanding– if you recall, I have been batted around from Rick Torpy at the same marina years ago, and I'm anold LRG member, I did all the civic-type of planning processes – and you have an outline that you need to beobservant of because there’s criteria that the applicant should be meeting. He’s not. You’ve not asked him todemonstrate one iota, and you’re patting him on the back. Now, I challenge you, as your knowledge of thismarina, and me, an expert witness of my neighborhood – the law recognizes me to be – and I am humbled asbeing just a smidget in time to Angell City knowledge of the area, but for me to head-up the SAS, I honor thehistory as to what that area has had, that this area has not seen the volume and that is a low activity historicalmarina that had originally one concrete pier, because I have the old Army Corps documents of that, and everywooden dock you see was un-permitted. Now, if I’m an owner/builder and I had my permitted house built toget my CO, I ask that it now be brought up to code. So, what you need to understand is that the parcel wasrectangular, in yellow, this little quadrant is the only thing that would be brought up to code. Everything aroundhere – say that this is the southern side – these illegal docks made legal, especially in 2005, will not have firesuppression on them, and I am right next to the fire hydrant, the next one is on Orris. Now, becauseeverybody’s a paper jockey – a desk jockey – the fire department only has the concrete pier on theirpaperwork, so when they do a pre-app they’re only looking at the concrete pier. We surround thisneighborhood, so if something were to happen – storm surge, boats go on rouse, just like the images after ahurricane, or fire – back it up, think towards what my house insurance would be looking at…..a limited liabilitycompany. I have a site manager and an owner that are mariners. I grew up – after I left Tropical Trail – to beon an oyster bay boat from the Chesapeake, I lived down in Ft. Lauderdale for years, I came back home, I’mnot bringing Mickey Burnham from the old lighthouse family down here to tell you guys, because he was an olddock master under the Jarren’s, the skeletons, I’m saving that for later. You guys, we’re going to twist this onend and you are going to be eating chow on this, because you might be patting him on the back today, but thiswill be Pelican Bay all over. And lastly, I want to tell you about the dust on the wall with my areacas. I’m in my8 th year at Rockledge Gardens as a landscape consultant one day a week, and Kevin and Theresa Riley knowthat I know my stuff. You’re never going to get the plants to take in that alkaline. That is road-fill since the‘60’s, the Jarren’s used to put tires to put the grade down because they knew they had a dust issue, becauseeven the tenants complained about the dust issue, and that’s truly in the dry months, but if we have alandscape buffer and the plants get watered, it’s not going to take care of the road. I see wind devils whip upon my 17-18 feet high arecas, and if you only have a six-foot wall…….I have a stilt house, on my stilt house mysliders have that kind of thick dust on it. This is not solved by landscape buffer that the height of an adult malecan reach to, these are the southerly winds and whatever the winds blow. So, we do have a significant dustissue and it’s at its peak during the dry periods. I don’t know how to solve it, to be honest, but if you look at thegrade it does go down into my property, and yes, Harbor Cove Subdivision, based on any of the aerials any ofthe photographs that I’ve seen, it was built at the same time, yes, they could be doing a better job with theirlandscape, but they don’t. I’m a big plant person, it would help. And I thank you, and hey, one more thing,when Senior, Jarren Senior, told me, because I love the fact of hearing the history of the area, and then there

P&Z MinutesAugust 5, 2013Page 16was a certain point – you can imagine – he stopped talking to me, the oak hammock was mitigation fordredging the basin, and I know you guys at heart are planners, and I know your light bulbs are going off. Itmakes perfect sense for the County back then to have made that arrangement. Yes, Mr. Roy…..he’s knownas Roy Charles Jarren, will allow you do dredge your basin, but that oak hammock you can’t develop on. So,when I met my new neighbor he says, “You picked a fine parcel, that oak hammock will never be developedon, because that was mitigation for the basin”. You’ll never find that document. This is taking advantage of thefact that things were un-permitted, permitted, now he gets to enjoy it, and because of legal interpretation itgoes as a quilt, and based on how he develops it, bit by bit it will be brought up to code. I am trying my bestthrough the SAS, parcel by parcel, based on safety; and that bridge, you guys, huge safety (TAPE CHANGE)No one has gotten hurt, and that’s what it’s all about. We just don’t want to be hurt, and the bottom line is it’s alimited liability. Thank you for your time.Henry Minneboo – Thank you. Anybody have a question for the lady? At this point, what should we do,Christine?Christine Lepore – At this point you need to have two motions. One, whether you agree on the historical use ofthis site. That is going to be the basis of the CUP. And then that second motion should be the conditions ofapproval, the list of 17 or any other conditions that you think are appropriate.Henry Minneboo – Everybody understand that? Okay, sir, come on up and……Ron Abeles – I just wanted to address the board one more time and let them know that I am willing to dowhatever it takes to bring the marina up to code, whatever I’m told to do I’m going to do. This one neighbor,this young lady here, I’d like to know when she built her house. I’m sure it was after the marina was built, sheknew what she was building, where she was building it, and that should be no surprise to her. She has beenharassing me, she has called many agencies that have come out to check on things she’s told them to, andsaid there’s been no violations at all with me, three of them so far, Wildlife, DEP, and Waste Management, andthey all said I have no problems and if there was anything it was very very miniscule and I’m taking care of it.So, that’s really the only problem I’m having right now is that issue. I’ll bring everything up to code.Peter Aydelotte – A simple question, it’s on number 10, as far as your private sewer system. We sort of satdown, I think, before we got there, because we said these were things that had been discussed with thecommunity and everybody agreed upon it, and I just wonder, does your private sewer system include pumpoutsfor these liveaboards?Ron Abeles – That is why I’m doing it, absolutely. That’s the main focus.Peter Aydelotte – And on your pump-outs, I was just wondering, are you going to have an individual littlestation, or is each T-head going to have a pump-out facility like they do at Dinner Key in Miami, they have anice one.Ron Abeles – I’m not sure, I know it’s going to be state of the art and it’s going to be about every 20 feet therewill be a hook up that gets pumped out to the main one and then out to the sewer.Peter Aydelotte – Oh, okay, thank you.Ron Abeles – And I figured, while I’m doing that let me put some nice bathrooms out there, hook that up to thesewer and do it all at once. So, when I went to go ask for the bathroom permit this is how I got here.Peter Aydelotte – Okay, thank you, I appreciate that.

P&Z MinutesAugust 5, 2013Page 17Andy Barber – Henry, I wanted to ask a question. If somebody wanted to build a marina today, can they builda marina and have liveaboards? I mean, this number of 50 is a puzzling number to me because I’ve watchedthis marina for 30 years I’ve been living down there, and I’ve never seen 50 liveaboards, but that’s neither herenor there, but I’ve often wondered what happened to all the waste that they produce, and I probably know theanswer to that already, but if somebody was to come in today, can they build a marina and put in liveaboards?Cindy Fox – In this location?Andy Barber – In any location.Cindy Fox – In any location that was properly site planned and the infrastructure, you know, could supportliveaboards, yes, they could do it.Andy Barber – Okay, so you just have to design the dock to accommodate the waste and they have to enforcethe laws, or rules or whatever, so the number doesn’t make any difference as to matter of convenience forpeople, but there’s no harm to the environment as long as they’re doing things the way they’re supposed to bedoing. And that’s what he’s gonna build, a system that’s going to accept all that waste. And also, does thisthing go into the County system? Is there a sewer line on South Banana, or is this a package plant they’regoing to put onsite, or what?Cindy Fox – Those are engineering questions, which are generally handled by a different agency.Ron Abeles – I’ll be hooking it up to the northwest corner of the marina – adjoining neighborhood – I’ll behooking up into that.Andy Barber – So, there is a gravity system on South Banana…….are you guys hooked into that now?Ron Abeles – No.Andy Barber – For anything?Ron Abeles – Nothing.Andy Barber – So, everything’s been going into wherever…….Ron Abeles – Septic tanks, and we also have a little pump-out machine and we keep it out of the boats, andthen dump it into a separate receptacle that Western Waste comes and dumps every week.Andy Barber – So, this will be definitely an improvement in terms of the waste.Ron Abeles – Big improvement, sir.Sue Schmitt - I just had one question for the gentleman, on the proposed conditions of approval, you’ve saidyou agree to all of these things on here, the 17 items. Is that correct?Ron Abeles – Yes, ma’am.Sue Schmitt – Plus, you also agree – which I guess would be number 18 – that you’ll leave the dumpster inplace and you won’t move it.Ron Abeles – Yes, ma’am.

P&Z MinutesAugust 5, 2013Page 18Sue Schmitt – So, there’s like 18 items you’ve agreed to that are on our sheet. And you’ve seen all theseitems, right?Ron Abeles – That’s what we talked about, right Cindy? I don’t have them in front of me. Yes, ma’am.Sue Schmitt – Thank you.Andy Barber – I would like to add one more if we can, just to throw it up for everybody, because if we’re goingto make a motion to approve this I really think that the road needs to be stabilized. I think that’s a criticalproblem that everybody’s faced, the residents and the neighbors, is the dust. If the road is stabilized – and I dobelieve that the County does allow for, you know, like these aggregate roads, you know, that’s how youstabilize them. Something to control the dust, if you want to be a good citizen, that should be an automaticthing.Ron Abeles – No problem.Andy Barber – To me, that’s very important.Ron Abeles – Okay.Henry Minneboo – Any more questions of the board? We’ve got two items.Tim Harber – What’s the first motion have to be? That we agree……Christine, would you repeat that?Henry Minneboo – The first one is for historical purposes.Christine Lepore – Right. First, you need to state and define what the historical use of this property is that’sbeing approved in the CUP, and what we have here is a commercial/recreational marina with 104 slips. Do wewant to get into parking spaces at this point?Henry Minneboo – We get into parking places, Christine, I think you’re going to wind up getting intoliveaboards. For the historical side, I think we ought to keep it on just the…….Christine Lepore – Slips.Henry Minneboo – It’s 104. We don’t know how many live there and we don’t know how many need to livethere.Christine Lepore – Right, so commercial/recreational marina with 104 slips.Henry Minneboo – Is that okay?Aneta Ott – But he doesn’t have parking for 104.Tim Harber – That’s another issue.Christine Lepore – That’s part of the non-conformity, so not everything………Henry Minneboo – That’s the non-conforming part of it.

P&Z MinutesAugust 5, 2013Page 19Christine Lepore – The idea is that future improvements will be built to code, so the bathrooms he’s talkingabout, that will have to be built up to code. He does not have to bring the whole entire site up to code,otherwise there’s no point in doing the CUP. So, he’s allowed to maintain the non-conformities until heimproves them.Henry Minneboo – Okay, is there a motion.Tim Harber – Do I need to repeat that verbatim?Henry Minneboo – No, you’ll never get us through.Tim Harber – I’ll make that motion that we agree to the historic use.Henry Minneboo – Per Christine.Tim Harber – Per Christine.Bill Cannon – I’ll second.Henry Minneboo - There’s a motion, seconded by Bill. This is on the historical side of it.Henry Minneboo called the question and it passed unanimously.Henry Minneboo – Part 2 needs to deal with the 17 issues.Tim Harber – I make a motion that we approve the 17, with the addition of the dumpster staying where it is. Ido not think we need to put the burden of the road on him at this point in time. That’s my motion.Bruce Moia – I’ll second that motion.Henry Minneboo called the question and it passed 6:3, with Ott, Barber, and Schmitt voting nay.Sue Schmitt – May we give a minority rationale as part of the minutes?Henry Minneboo – Yes.Christine Lepore – Yes.Sue Schmitt – I can only speak for myself on that, but I do believe that the road should be stabilized. It doesn’thave to have concrete or be asphalt, but some type of something. In fact, the gentleman agreed to that. So,that’s my minority rationale.Andy Barber – That’s mine, too.Aneta Ott – Me, three.Henry Minneboo – Okay.

P&Z MinutesAugust 5, 2013Page 20At the conclusion of the regular agenda, discussion took place as follows:Cindy Fox – I want every board member to know that I really appreciate your patience working on the LeahMarina item. It has been very difficult on our end, and we’ve tried to make it as easy for you guys as we could.I appreciate it very much.Henry Minneboo – Let me say from the board, you, as staff, and Christine and all of you all, you worked on thisone.Sue Schmitt – I think you did a great job.Henry Minneboo – I’m not sure I can get you a raise, but you surely worked on this one. That was one of thetoughest ones I’ve seen in a long time.Bill Cannon – Henry, do we have any clues as to what this lady was alluding to about turning everything upsidedown and skeletons in closets.Clyde Thodey – You talking about that lady?Sue Schmitt – Anybody can say anything at any time.Henry Minneboo – As a kid I was down there, I knew the place, but I didn’t look for turtles and tires, so I don’tknow. That’s where I lived, down there.Clyde Thodey – Jarren wouldn’t even let you fish off your boat in that bay.Henry Minneboo – He would let me because I was a……..I was from Angell City trailer trash, so they let me inthere.Sue Schmitt – I think it was a great agreement and, I mean, I’m really very surprised that the gentleman agreedto all those things. I don’t know that I would have done that, but that was his decision and I really was verysupportive of the agreement, I just felt what Andy had suggested was a good idea to add, since he had agreedto it.Henry Minneboo – Sue, I think you all had a good comment, I just…….if this guy does, I hope he does threequartersof what he says he’s going to do I think he’ll make some good neighbors, hopefully.Andy Barber – What’s going to happen with the balance of the property? I mean, I missed the last meetingand I know this may be not a time to discuss it, but………..Henry Minneboo – Andy, we have seen this for years and years and years. Sue has seen it when she was aCounty Commissioner. Wasn’t Torpy on this thing? It’s been around.Cindy Fox – What I can tell you is the remainder of the property is zoned for single-family residential and thatwould be the only use available.Andy Barber – And that could come up pretty soon because the market’s turning, but the thing is, with thisliveaboards, I don’t think a bunch of single-family homeowners in there are going to want a whole slew ofliveaboards in there having parties every night. So, that’s going to straighten that out pretty quick.Henry Minneboo – Just cleaning up the sewer problem is tremendous.

P&Z MinutesAugust 5, 2013Page 21Aneta Ott – I just have to say, he hasn’t been a good neighbor, so it’ll be refreshing to them if he is. I can’timagine…. I keep thinking of that dumpster right up against that woman’s bedroom.Henry Minneboo – If he dumps like he’s supposed to dump, that will be tremendous there, because I knowwhat’s happening there. Alright, meeting adjourned.The meeting was adjourned at 4:02 p.m.