CivicBrevard County, FL › March 5, 2026

Brevard County Board of County Commissioners on 2026-03-05 5:00 PM - Zoning - Mar 05, 2026

Brevard County, FL Board of County Commissioners March 5, 2026 29 minutes
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Transcript

Speaker5:41

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. Okay, thank you. Our invocation today will be delivered by the Reverend David Young from St. Paul's Lutheran Church. Good evening. Heavenly Father, we gather today as leaders of Brevard County seeking guidance and wisdom. Grant us open minds willing to listen and consider diverse perspectives. May our discussions be productive, respectful, and focused on the well-being of our community. Help us prioritize the needs of our citizens seeking solutions that promote unity, prosperity, and justice. May our decisions reflect compassion, integrity, and a commitment to serving the greater good here in our county. Guide us, O Lord, as we serve our community. And may our efforts bring positive outcomes for the greater good. Amen. Amen. Thank you, Reverend Young. The pledge of allegiance today will be led by Commissioner Feltner. Please join me in the pledge. Okay, we have no minutes and no resolutions. The first item on the agenda is the consent agenda. Is there anything that anyone wishes to remove from the consent? Do we have cards? We do have one card. Oh, we do. We have the applicant card. Okay. Gregory McCluskey has a card. Do you wish to speak? I've got the right or not, because I can tell from the agenda, is it the one at Courtney and Pioneer, or is this the one behind them all? Commissioner Feltner? Oh, sir, I think Morris could probably better answer that, but this is the findings of fact on the denials. These are findings for one that was denied at the last month's zoning meeting. Denied at the zoning meeting? Yes. At the zoning meeting, the last one was a tie, and then it went to the commission who sent it back to the zoning meeting. When I say the zoning meeting, I mean the commission's zoning meeting, not the one that was sent back. This is not related to the one that was sent back to Pioneer and Courtney. This is the other one in North Merritt Island. Actually, there are two findings of facts on the agenda, but the North Merritt Island one is the one that was heard by the Board of County Commissioners last month and denied. Okay. The one is supposed to be scheduled, set back. Sure, sure. It's the next time that is heard is at the Planning and Zoning Board, which is an advisory board, and that is going to be on March 16th at 3 p.m., and then it will come back to the, it's expected to come back to the Board of County Commissioners at its April 2nd meeting at 5 p.m. So those are the two public hearings. And I do just want to point out for the board and the clerk that it was brought to my attention by Attorney Rezanka, who's coming up now, that on the strata item, item F2, the resolution of findings of fact, that there is a record submitted that apparently was cut off in the agenda packet. The record consists of an excess of 300 pages. Unfortunately, the portion attached to the agenda looks like it cut off at page 126, or R126, I believe. So we're going to provide the full version for the record for the clerk, and we'll transmit that to Attorney Rezanka as well. I'm not sure what happened with the upload there. Can I ask a technical question real quick? Do we need to do a motion for Commissioner Goodson to participate by phone? Yes, we do. I'm sorry. Okay. Yes, sorry. All right. Commissioner, is he there? Yeah, I'm here. Okay. All right. I'll make a motion for Commissioner. Second. Okay. Motion and second for Commissioner Goodson to participate by phone. Okay. All in favor say aye. Aye. Motion carries. I did submit a card for F2. Yes, you did. Okay. Kim Rezanka, Lacey Rezanka, Melbourne, Florida, here on behalf of Strata Development and Miranda, the contract purchaser. I don't have any comments regarding the statement of the case and the facts, actual final order, but I would like to ask you to postpone this until I can get a hold of the entire record. As mentioned, I saw it cut off at page 124 or 125, and it goes in excess of 300 pages. Additionally, I would ask that you put the adopted minutes, not the draft minutes for both North Merritt Island, PNZ, and Board of County Commissioners. So until those are finalized minutes, until I can see the whole order, I would ask that you postpone adoption of this. If not, I understand, but I would like to have the actual minutes instead of draft minutes. Thank you. I have some concern about extending it because of our timeline in which to finally take action on a development permit application, but if Attorney Rezanka would state for the record that her applicant is waiving any such requirements, then I wouldn't have any problem with staff bringing it back when the full record is attached. Now, as far as adopted minutes, that's not typical for what we do with findings of fact, just because those tend to trail. Well, it's been a month. I would think they'd be adopted if they haven't already, at least the other two ones, at least North Merritt Island, PNZ, I would think. But if not, yes, I would waive any requirement of adoption of a development permit within a certain statutory time frame or ordinance time frame. Thank you. Maybe we could get clarity from the clerk. Sorry. Typically, the minutes are what? Two months? Are these the PNZ minutes or the Board of Adjustment minutes? No, I think we're talking about the planning and zoning for the Board of County. Yeah, there are three sets. The North Merritt Island Board and the Planning and Zoning Board, which staff handles, and then the Board zoning meeting minutes, which the clerk to the Board handles. We don't finalize the Board of Adjustment minutes. Right. But for you, just the Board of County Commissioner zoning meeting, our staff does the planning and zoning in North Merritt Island Board minutes. So it does take a couple months, as you say, to go through that process to have the minutes complete. And once they're on the next agenda to be approved, then they'll be full, they'll be posted as a full set of agenda minutes adopted by the Board. And I'm going to just suggest the Board, you know, for purposes of any appeal or anything like that, first of all, the applicant's responsible for having a transcript of the hearings, but generally for findings of fact and for the record, all we need is a verbatim transcript. It doesn't have to be adopted minutes, per se. Often minutes aren't even verbatim. They're speaking minutes. So actually, a transcript is generally preferable for something like finding a fact. But I would stipulate to bringing this back next month based on the applicant's statement that they will waive any time frames just so that the entire record can be in the agenda packet. I'm not sure what happened there again. So just to clarify what we're talking, I'm sorry, Mr. Chair. So for consent, we have F1, we could adopt that. And then for F2, that we table that to the next month's zoning hearing. Is that what we're talking about? Yeah, that would be April 2nd. April 2nd. Mr. Chair, how would you like to do that? First of all, let's go ahead and pass the one item, the F1, since there's no opposition. All those in favor, well, let's remove F2 off. Remove F1. There's a motion for approval. Is there a second? A second. All in favor, signify by saying aye. Aye. Okay, we'll move to F2. Why are we tabling? I just want us to clarify that. Because the record that was attached to the agenda somehow in the electronic upload apparently got cut off at page 126, and there are a couple hundred more pages. We didn't realize it didn't make it into the packet. So Attorney Rezenka has requested, she stated that she has no issue with the form of the findings of fact or order, but she would like to see the rest of the record prior to our adoption. That seems fair, especially since she, again, has waived her out on behalf of the applicant. Any challenge based on timelines to... Makes sense. Do we need a motion to table? Please, and thank you, sir, to the April 2nd meeting. I'll second. Motion to the table to the April 2nd meeting. All in favor, say aye. Aye. Motion carries unanimously. Okay. Thank you. Okay, public comments. Do we have any public comment cards? We have no cards. Uh, new business, uh, uh... Excuse me, sir. I did put in a comment. We have no one second. Public comments. We just had public comments. Yeah, public comments. I put my card in. I say number G. This is my number G. We have them on the second. Item G, public comments. There are two public comments. You can only speak at one. Maybe you fill out for the second one. I did not, sir. I said the number G for public comments. It says one is G. Item G. Okay. I did it on purpose, sir. I didn't do it by myself. Okay. I think you wrote K, but I think you meant to say G. So you can speak now if you'd like. My writing is a little, not very good, sir. I'm sorry. That's a really neat looking K. It said G, sir. You can look at it if you'd like. I think they may have switched in. Excuse me, sir? You can look at it if you'd like. I, I, I... It looks like it's a K. It's a very good K. I have to keep my glasses on. Now, sir, somebody stretched out my G and made it K. Oh, well, there's G in the upper right. There's a person in the back there. Well, let me, let me see. You can scratch out my G, as you can see, and put the K there. Do not know why it looks like... We were looking here. Look at here. Excuse me, sir? See, we were looking at the K there. I was looking there. That might be, sir, but even my, my G was scratched out by that person in the back, and he wrote K. Okay. That is arrogant. Well, I probably saw the K in the upper right. That's his problem, not my problem. Yeah, okay. But it is, just for record, that's arrogant. We'll hear you. We'll hear you. Okay, okay. As I wrote on there, I may have to speak about the budget. I am very concerned about the ballooning budget of our county. It seemed, it is not just, it didn't start today. It started a long time ago. It maybe has been going on forever. But I stated at previous meetings the numbers. So this week or last week, I was watching your YouTube channel, and I saw a video about the traffic management center groundbreaking ceremony. There were a few people, there was a lady, I didn't write down her name, tall lady with blonde hair, and some, I don't know, long acronym, the organization that she represented. Then there was Mr. Rielsfield. I think you were reading a speech from Mr. Altman, who wasn't there. And then there was Mr. Mark Bernath, who basically said what this building was for. And the building is, so there's a central located place where data, people, there's a lot of corporate talk. But basically, all the video cameras that's all over our county will lead to this central place. And that's why this is there. And I was thinking, wow, it's the CIA of this county, and that chilled my spine, to be honest. But in any case, then Mr. John Denninghoff came up. I believe he's the retired assistant county manager for a historical perspective. And he said it started in 2003. So 2003, the county was looking at the expansion of people moving into the county and more cars and stuff. And, you know, you would think that you would buy, build more roads and bridges. And the county said, no, we're not going to do that because that's too expensive. What we're going to do is we're going to make a, what do you call it, they said it, an intelligent traffic system. And there's been fiber optic cables laid and cameras obviously put all over on the buses, like I said last time, and all that stuff. And I'm thinking, wow, 23 years, 23 years, we're wasting money on these things. And we could have built many roads and bridges. And I just don't get that. I'm a simple man, but it makes no sense to me. Why do we do these things? And every year the budget goes up, 6, 7, 8, 10, 12 percent, every year. And I've been looking at all the different departments. Everybody is as financially irresponsible as the next one. You can't even point the finger and say it's this one or that one. But I can point the finger at you people, I'd be on commissioners. You are here to represent me and all the people here. I don't know, do you think, do you guys want more bridges or more cameras? I don't know, I think we'd want more bridges than the roads. But I wonder if, honestly, I wonder if you guys actually care about that. I know it sounds so harsh to say that, but I don't want to be harsh. I want us to do better. I want us to be financially responsible. Like I have to be, like everybody else have to be here. I'm sure at home you guys are responsible financially. Why can't we do it just on a bigger scale? Why don't we just for a few years say no? We're not going to increase the budget. 140 percent in the last 10 years. A hundred and forty. If you adjust for inflation, 117 percent. All while the population grow by 18 percent. I would ask you to consider, please, this year, to say let's keep the budget where it is. Let's do it for one year. Let's get by with what we have. That's my suggestion. That's all I have tonight. Thank you for your time. I appreciate it. Thank you for your input. Okay, we'll move to item H, public hearings. H1. Item H1 is Princeton Technology LLC request a conditional use of CUP for a four-cop full liquor, beer, and wine license for on-premises consumption, accessory to a bar, and a BU-1 zoning classification under application 25Z-00044, located in District 1. Go ahead. Hello. Thank you for listening to me. My name is Sachin Chenoy, and I am the operator of this particular establishment. We are asking for a conditional permit related to our business only. We do have a full liquor license, and we will comply with all regulations. The Zoning and Planning Commission has seen our plans and appropriately has given us permission to do so, and we would like you to codify it. Thank you. Thank you. We have no cards. Is there any discussion? I would like to make a motion to approve with an additional condition that the CUP is acceptable only to establishments operated by CNS Restaurants, Inc. I'll second that if that's what you're... That is acceptable. Okay. I'll second that. There's a motion accepted, and the applicant accepts that contingency. All those in favor say aye. Aye. Opposed carries unanimously. Thank you. Thank you so much, everyone. Thank you, sir. I appreciate your time. Next is Spacewalk Groves, Inc. Spacewalk Groves, Inc., being represented by Kim Rizanka, request a CUP conditional use permit for land alteration under application 25Z-00057, located in District 2. Okay. We have Kim Rizanka, Brian Hamilton. I hear Tom Goodson's voice. He made a motion to approve. I think he made a motion for approval. There's a motion for approval. Is there a second? That's correct. Second. Motion second. All those in favor say aye. Aye. Aye. Approved. Thank you. Aye. Okay. Does that sound like a card? Okay. Okay. So we have no unfinished business, no new business. We have second public comment, item K this time. We have no cards from item K. Okay. Board of reports. County manager? No report, Mr. Chair. County attorney? No report, sir. Commissioner One? Thank you. I just have a short one. About a year ago, when one of our hospitals was shut down, our community had to come together and figure out how we were going to give people access to health care. And there was the Space Coast Health Foundation pulled together a group of all the different entities, the hospitals, the state organizations, and elected officials, city managers. And it was an amazing group, extremely collaborative, and they worked together extremely well to make sure that, you know, people had access to health care. And I just wanted to mention that that today was our final meeting. And there's going to continue to be a roundtable of the CEOs of the hospitals just so that they can continue collaborating moving forward. But it's just a good day to be on the other side of that. And I just want to say well done to everybody. Fantastic. District 2, Commissioner Goodson? No report. No report. No report. Okay. District 3? No. No report in District 3? District 4? No, sir. No report. I have a short report. I just got back just hours ago. We did meet with officials in Washington, the U.S. Department of Transportation, the Department of Railroads, Senator Scott, Senator Moody, Congressman Herodopoulos. Meetings were very positive. We were there with the City of Cocoa and the Bavar County TPO. Our application, I think, is very strong. Although, at first, there was, in the big, beautiful bill, I think it was around $5 billion appropriated for rail projects. And there was a shortage of applicants. Now there's more applicants for that pot of money than there is money. So it's a little more competitive. And we're just going to wait and see. And we're hoping that we will get some news perhaps this summer, maybe June, where they'll do some initial review of the projects. So I really appreciate this board and their support for Brightline. And that's the only report I have. Okay. Meeting is concluded. Meeting adjourned. Thank you. Thank you. Bye-bye. Bye-bye.