The Board of County Commissioners acts as a quasi-judicial body when it hears requests for rezoning and conditional use permits. Applicants must provide competent, substantial evidence establishing facts or expert witness opinion testimony showing that the request meets the zoning code and 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 time is extended by 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. Good evening. Welcome to the August 7, 2025, planning and zoning meeting for the Board of County Commissioners. We have an invocation tonight by Evangelist Jose Ferrer, Space Coast Church of Christ. You're recognized, sir. Thank you. Good evening to the chair and to our esteemed board. Let's pray. Heavenly Father, we come before you today with grateful hearts, thankful for the opportunity to gather and to serve the people of Brevard County. We acknowledge that every good gift comes from you, including the privilege of leadership, the gift of wisdom, and the strength to serve others. We ask for your guidance over this meeting. Grant each board member clarity of mind, humility of heart, and unity of spirit. May their decisions reflect justice, compassion, and integrity, always seeking the good of all the people in our community. Bless those who protect and serve our county daily, our law enforcement and all first responders, teachers, health care workers, and public servants. Strengthen our families, schools, and neighborhoods. Let Brevard County be a place where every person, from the greatest to the least, is dignified, valued, heard, and empowered to thrive. Help us all, citizens and leaders alike, to walk in wisdom, to love mercy, and to act justly. In your holy name we pray. Amen. Thank you very much, Commissioner Delaney, for the Pledge of Allegiance. Okay, Commissioners, we have minutes to approve from the May 1st, 2025 zoning meeting. Move to approve. I have a motion by Commissioner Delaney. Is there a second? We have a second by Commissioner Altman. Clerk will call the roll. Commissioner Delaney. Yes. Vice Chair Goodson. Yes. Commissioner Atkinson. Yes. Commissioner Altman. Yes. Chairman Feltner. Yes. We'll show that pass is 5-0. Thank you, everyone. Do we have any G-section comments? No. No. Okay. We will go on to H-1. Trina? Item H-1, NDW Consultants LLC are requesting- Hold on, Trina. I'm sorry. We have one that says public comment, so let's just do- They didn't put the item number. Alan Siegel? Okay. Sorry, Trina. It's not in the right place or not, guys. That's okay. Are you here with me? That's all right. I'm going based on what the news said. They said that within the regular commission meeting, they passed a change to an ordinance for the county, Y-3-2 vote, and they said that the next step would be to go to this committee here, and then basically back to them again. I hope I'm doing this right. Am I doing this right? I'm not sure. Yes, sir. I bet you're recognizing it. Okay. My name is Alan Siegel, and I reside at 2664 Sam Snead Street in West Melbourne, Florida, which is within Brevard County. I am writing to request a denial of the proposed change to County Ordinance 2012-36, which allows for keeping of chickens. As a resident of Palm Garden Lakes, an HOA with the average lot size is approximately .2 of an acre, I believe that adopting this change would not only upset our residents, but would also override the established rules. HOAs are purchased for the assurance of security and tranquility, and our neighborhood is zoned for residential use, not agricultural use. If we were seeking a farm lifestyle, we would have chosen not to live in an HOA. Therefore, I kindly request that the proposed change be denied. Chickens, while domesticated livestock, are not pets. They carry diseases like salmonella, listeria, E. coli, and avian flu, which can be transmitted to humans. The recent law change doesn't address proper hygiene and handling practices or training of poultry owners to minimize these risks to the general public, leaving the public vulnerable. Chickens pose a threat to public safety, because they can also attract unwanted pests, bring predators, and are noisy. Allowing chickens on any residential property would take Brevard County backwards instead of moving forward. After all, we are the space coast, not the farm coast. The current regulations safeguard residents, including those in the general population, by imposing the minimum property size requirements of a half acre or more and restricting residents to zoned agricultural areas with domestic livestock in unincorporated areas of the county. The current law protects Brevard County residents living in HOAs currently 1,634 associations and growing with smaller lots known as zero lot line, which are 5 to 10 feet between each home. These residents would be vulnerable to untrained neighbors with domestic livestock next door. What impact would this have on neighbors with compromised immune systems? The most common complaint an HOA has about a resident is that they don't pick up after their pet. Regular pets like dogs and cats are licensed and vaccinated against diseases. Chickens, on the other hand, are not. A resident of our community built a coop right alongside the right fenceline in violation of city and county ordinances. That person claims they removed their chickens and rooster because of West Melbourne's code enforcement and our documents. The proposed change would force cities to alter their laws. In my opinion, as the law stands, it doesn't need to be changed. If you feel compelled to change, exclude HOAs and rental properties, please. And as far as people doing it for the price of eggs, they're down to $3.064 a dozen of public cents keep dropping. Sorry. Sorry. That's it. Chair? I hope I got Commissioner Delaney for a question. Sir, I just wanted to let you know, I apologize for the reporting. I'm not sure which report you were listening to, but these changes only have to do with North Brevard and also not HOAs, not cities. So only unincorporated land in North Brevard. So this wouldn't affect you. Oh, they reported that way. They reported all of Brevard County because we had a code enforcement of West Melbourne. They looked up their rules. They looked up the county rules. And then they were able to explain to the homeowner, you can't do this. Okay. They did not say anything that it was there. Now, I know that for even unincorporated, I don't know if you have any HOAs there, just saying that you can have a chicken on any residential lot. Who would want to live next door to a neighbor with a .2 or less piece of property? And what they did say is that it still had to go to you guys and then back to them again at the next regular meeting. And then because they only voted by a 3-2 margin, that basically they would have to examine any input from you guys, and then basically we go forward from there. So your HOA, with its deed restrictions, wouldn't supersede that anyways. Yes, but it's, and again, also to Commissioner Delaney's point, that would only be in unincorporated areas. So you're saying any changes? We can't tell the city of West Melbourne how many chickens their residents can have. Okay. So basically what you're saying is the proposed law ordinance change of the 21012-36 is only for North Florida? Sir, the board hasn't taken a vote on that yet. That was just to advertise a legislative intent. We still have that to debate. That's still an item. So we actually haven't. Oh, that's why they said I should come speak to you guys. Perhaps, but I think a future commission meeting would probably be better. We don't take that up tonight. Right. Okay. Okay. All right. I appreciate it. I'll tell you what, leave your information back there with Paul, okay? And we'll make sure that you get any kind of update. Okay, great. Is that good? Thank you. I appreciate it. Thank you. Very good. Okay, Trina. Item H1. Item H1, NDW Consultants LLC are requesting a change of zoning classification from AU to RR1 under application 25Z-00008 located in District 1. The Planning and Zoning Board continued this item to the August 18th, 2025 Planning and Zoning meeting. Tonight, we are asking for a continuance of this item until September 4th, Board of County Commissioners meeting. Okay, Commissioner Delaney, your district, they want to continue to September 4th. I'd like to move to approve. Okay, so we have a motion to table by Commissioner Delaney. Second. We have a second by Commissioner Atkinson. Clerk will call the roll. Commissioner Delaney. Yes. Vice Chair Goodson. Yes. Commissioner Atkinson. Yes. Commissioner Altman. Yes. Chairman Felton. Yes. We'll show that table, 5-0. Okay. Trina on H2. Item H2, Forbes Remodeling and Construction LLC being represented by Chester Forbes. Request a zoning classification change from AU to RU-1-13 under application 25Z-00009 located in District 5. I think we do have the applicant here. Is that just for questions, sir? Any questions for the applicant? Okay. Okay. Any discussion on the item? I'd like to move approval. Okay. We have a motion to approve by Commissioner Altman. We have a second by Commissioner Atkinson. Clerk will call the roll. Commissioner Delaney. Yes. Vice Chair Goodson. Yes. Commissioner Atkinson. Yes. Commissioner Altman. Yes. Chairman Felton. Yes. We'll show that approved 5-0. Sir, you did a great job tonight. Thank you. Okay. Trina on H3. Item H3, River Flying Condominiums Incorporated being represented by Kimberly Verzenka and David Bassford. Request a change of zoning classification from IU and PUD with BDPs to all PUD and retention of BDPs under application 24 PUD-00001 located in District 2. Emma, you're recognized. Thank you. Good evening. Good evening, Chairman Felton, members of the County Commission. My name is Kim Verzenka with Lacey Verzenka. I'm here on behalf of River Flying Inc. With me also is Dr. Niazzi and David Bassford. This is an amendment to the PUD adding 15 plus or minus acres of industrial land, changing the industrial land to PUD. And it's for the sole purpose of basically using unusable land and adding an amenity to the already existing condominium, which is PUD that was approved a long time ago. I provided you what I presented to PNZ. It is a more updated PDP, and it is dated 5-5-5-2025. It's basically the same that was in your packet. It doesn't have all the bubbles, and it just shows the walking trail, the 17 slips, and the 18 slips, actually. So, again, this was recommended for approval unanimously. This is not final engineered drawings. This is just the preliminary development plan. The final development plan will still help to come forward to staff, and they will deal with the fire issue. Dr. Niazzi also has a 50-year ground lease on the other side of this canal that the fire trucks will also be using this Wall Street easement to maintain any issues that might happen with his property and his ground lease or with the boat slips. There will be nothing other than people walking to their boats. So, with that, we're here to answer any questions. Okay. Question. Billy. If I may, Mr. Chair, I'm just going to ask the applicant to please commit on the record that they would maintain public access to the waters that exist today. Yes. Yes, certainly will. We have no intent. All we're doing is getting an easement from the county to build out the cul-de-sac so we can get the fire protection to the boats that may happen. There will be a gate at that access, but that will be no reflection on stopping any boats going down there. I think they have a launch for kayaks. So, no, there will be no stoppage of any public access to that canal. Mr. Goodson for a question. If you have a gate, your undoubt is saying, what purpose is there a gate unless you have a lock on the gate? Dr. Niazzi, will there be a lock? That is correct. That is correct, sir. There will be a lock on the gate that will, I think it's a six-foot access. So, if you have a lock on the gate, then public access, they wouldn't have it. Is that correct? No, it's not public access to Dr. Niazzi's property. It's not blocking the entire canal. So, the gate is not at the end of, what would that be, Cone Road? Wall Street. Wall Street. So, the gate's not there, right? Correct, sir. Okay. It would be just from the edge of the cul-de-sac going to the property, like six feet, there'll be a gate. And it's not blocking the canal. It's blocking access to Dr. Niazzi's property. Right. Good point. So, I assume, you know, they're going to park on the shoulder of the road, correct? If they bring a kayak, they're going to park on the shoulder? We don't. We're not dealing with the kayaks. There's already a kayak public access there. I don't know what they do there. It's a publicly maintained road. But the owners of the condominiums are the elements entitled to use these boat slips, and they will have access pedestrian only. They will park their car at the condominium. Right. There'll be any parking on Wall Street by the... No. And we can commit to that. We can put up signs if you would like us to do that. You know, no condominium, amenity parking, or something along those lines. Okay. Question, Chair? Yep. Billy, tell me, what is your thoughts on this? Well, I think the two primary concerns are maintaining public access to the water, which the applicant is committed to maintaining. And then the second was people parking on Wall Street to access the boat slips. If there is a locked gate so people can't use that raised boardwalk to access the slips, that may mitigate that concern. People do apparently park on Wall Street today to access that launch. So, it's already an issue. So, the question would be whether it exacerbated or not. The measures may mitigate that. Should we make a stronger request to them to see if they'll agree, or are you happy with what you got and you'll handle the problems later on? Well, if the board is willing to put a condition that the applicant would work with staff during site planning to prevent unlawful parking on Wall Street, that would be helpful. Certainly. Would you? Yes, sir. Okay. Thank you, Billy. Thank you, ma'am. Other questions for the applicant? There are other questions for the applicant. Okay. I move for approval. Second. With the condition? With the condition. Okay. To work with staff on no park? Preventing parking on Wall Street. Right. On Wall Street. Yes. Okay. Motion by Commissioner Goodson. I think I had a second from Commissioner Altman. Clerk will call the roll. Commissioner Delaney? Yes. Vice Chair Goodson? Yes. Commissioner Atkinson? Yes. Commissioner Altman? Yes. Chairman Felton? Yes. Thank you. Passes 5-0. Thank you. Okay. Trina. On H-4. Item H-4, Emerald Plaza Development Incorporated, being represented by Louis Reposito. Reposita. Excuse me. I messed up your last name. Request a CUP conditional use permit for alcoholic beverages for on-premises consumption accessory to a cigar bar in Units 1-5 under Application 25Z-00014, located in District 2. Okay. We have the applicant here, Mr. Raposta. Yes, sir. Okay. Are there questions for the applicant? I have questions for the staff. Okay. Well, okay. All right. My understanding is in that strip plaza is a Mexican restaurant that sells beer and wine. Plus in that center is a cannabis shop. Yes, sir. Then a church. Now, I think I understood that the owner of the strip center asked the tenants to sign a letter that they would not object to a liquor bar. Is there any truth to them signing something prior to leasing there? Yes, sir. We have a copy of the lease that there's a clause in there that states they won't interfere with any other commercial businesses in the plaza that may sell alcohol. Okay. Thank you, ma'am. All right. That's all I've got, Chair. I might make a motion to approve. Any other questions? Any questions for the applicant? Okay. Have a motion by Commissioner Goodson for approval. Have a second by Commissioner Atkinson. Clerk will call the roll. Commissioner Delaney? Yes. Vice Chair Goodson? Yes. Commissioner Atkinson? Yes. Commissioner Altman? Yes. Chairman Felton? Yes. We'll show that. Adopted. 5-0. Okay. Yes, sir. Well done. Well done tonight. Okay. I don't know if I'll come over there for the. Marijuana or the drink? No. Just outside. Okay. Very good. All right. Okay. Okay. We're going to read something real quick. And then. Coming up on it. Go ahead. Commissioner Goodson has a disclosure to make prior to this next item. And we have just filed on his behalf a form 8B disclosure with the clerk for items H5 and H6. I'm going to abstain from voting on this and discussing this item because I am the owner and the manager of the applicant T.G. Reynolds of Bovard LLC. Okay. We're going to take a three-minute break. He's going to leave and then we're going to come back on H5. Okay. Thank you, Morris. Thank you, Chair. I think we're ready. Okay. Mr. Chair, I believe that Bruce Moya was authorized previously to represent this item, but Mr. Moya is sick. Mr. Basford from Bruce's firm is here. And Mr. Goodson has just given Mr. Basford authorization to present the item. Okay. Very good. Okay. On H5, Trina. Item H5 and H6 are companion applications. I will read them into the record together. However, they'll need a separate approvals. T.G. Rentals of Bovard LLC being represented by MBV Engineering Incorporated request a small-scale comprehensive plan amendment under 25S.10 to change the future land use designation from Res.15 to CC under application 25S.005 located in District 1. T.G. Rentals of Bovard LLC being represented by MBV Engineering Incorporated request a change of zoning classification from RVP to BU-2 under application 25Z.0016 located in District 1. Okay. Okay. We're going to have separate motions, though, right? Okay. All right. We have Mr. Basford here if we have questions. Are there questions on the item? Okay. let's let's do these one at a time on h5 any discussion motion on h5 i'd like to oh that's okay i'd like to move to approve um h5 uh from res 15 to cc with the um staff recommendation of a bdp if that's amenable to um limit the uses to rv storage i think the bdp is going to be on h6 commissioner no problem so we have a motion to approve on h5 by commissioner delaney i think there's a second by commissioner atkinson clerk will call the roll commissioner delaney yes commissioner atkinson yes commissioner altman yes chairman feltmer yes we'll show that adopted 5-0 now on h6 um commissioner that one with the bdp if that's your motion yes i would like to make a motion to approve um to change the zoning from rvp to bu2 with the bdp um restricting the use to um rv storage and mini storage i think if i may mrs chair the bdp would be all bu1 uses plus the bu2 uses of outdoor storage and mini warehouse okay yes okay we're okay with that in the motion then okay commissioner delaney we have second by commissioner atkinson clerk will call the roll commissioner delaney yes commissioner atkinson yes commissioner altman yes chairman feltmer yes i'm gonna show that passes 5-0 okay commissioners i don't think we had any other public comments um we will go into board report um tad for jim yeah anything no report sure okay uh morris and board report no report mr jim okay uh commissioner delaney board report i have um just one thing that i wanted to uh talk with y'all about um after seeing the uh board agenda for tuesday um i have some concerns about the um approval of the interim county manager to be the permanent um i just feel like as a board we made the decision to go out for a national search so that we could do our due diligence and um you know really do a full effort to search for the right applicant and right now we have 57 applicants and so the search firm has has done this and they're going to extend it to get even more applicants and so i guess i'm just wondering why we're jumping the gun and this is not a reflection on our interim county manager at all and i spoke with him today and you know shared with him some of my thoughts um but i just really felt like this is premature especially when he has said at least to me on numerous occasions that he was not interested in having the permanent position um and not only for our constituents that we've spent this money to go out and search for a candidate but also for our current interim county manager it just it would be a better situation in my opinion is if we continue on with the process and if he wants to be a part of that if he would like to put in an application this way we could go to the public and say look we had a massive search and we looked through all the candidates and he's still the guy um i just felt like i really wanted to bring forward my concerns prior to the meeting um and i was wondering if there's any any thoughts about this because frankly i'm blindsided i'm like um i was shocked when i saw the added item the only thing i could say to you tonight is we'll discuss it tuesday uh we'll take as much time as we need to i appreciate that that's the only thing i can say tonight uh anything else no thank you okay we almost made a record uh that's okay it might be a record for this board that's okay uh commissioner atkinson in board report okay commissioner altman in board report okay and um i'll keep with the theme i think we're done uh thank you everybody have a good night the opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of county commissioners of brevard county florida space coast government television or the program sponsor and are solely those of the presenter the board of county commissioners of brevard county florida space coast government television and the program sponsor hereby expressly disclaim any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such period