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Published: Apr 26, 2023

Updated: Dec 8, 2023

Brevard County Zoning Meeting: Key Decisions & Public Input, Mar 2, 2023

Reviewed by Jennifer Altreche Gonzalez, Esq.

Published: Apr 26, 2023

Updated: Dec 8, 2023

The County Commission meeting began at 5:03 PM, with Commissioners from Districts 1 through 5 in attendance. The Board of County Commissioners acts as a quasi-judicial body when addressing rezoning and Conditional Use Permit requests. Both applicants and opponents must provide evidence or expert testimony to support their stance, and the Board must decide whether the request aligns with the Comprehensive Plan and Zoning Ordinance.

The Commissioners are required to disclose any communication they've had regarding a request, as well as any site visits, inspections, or investigations conducted prior to the meeting. Applicants are allowed 15 minutes to present their case, with the option to reserve a portion for rebuttal. Other speakers are given five minutes to speak, and they cannot transfer their time to another person.

Space Coast Daily Park Fairgrounds

The County Commission approved the temporary site plan (23SP00006) for Space Coast Daily Park Fairgrounds, submitted by applicant Giles Malone. The associated waivers were also approved, subject to conditions for issuing Special Event Permits and adherence to Chapter 10, Article II, of Brevard County Code of Ordinances. The motion was proposed by Commissioner Kristine Zonka and seconded by Commissioner John Tobia. The County Commission's approval of the temporary site plan for Space Coast Daily Park Fairgrounds and the associated waivers was proposed by Commissioner Kristine Zonka and seconded by Commissioner John Tobia. The motion was approved.

Lori Ann Halbert (Jason Steele) Requests a Change of Zoning

Commissioner Zonka disclosed she had made a phone call today at roughly 3:00 P.M. to the applicant, Jason Steele; she just had a question about the number of units; she just wanted to confirm, and the phone call lasted just a minute. She advised everything else she has submitted.

Lori Ann Halbert requested a zoning classification change from RU-1-13 to RU-2-15 for a property in District 5. After hearing from the applicant, Jason Steele, and several concerned residents, the Board approved the zoning change. Commissioner Kristine Zonka proposed the approval, and Commissioner John Tobia seconded it. The decision was made with the understanding that the property would have a maximum of eight units, would not exceed a height of 35 feet, and would be consistent with the Future Land Use Plan.

Brian and Dana Scholz (Stuart Buchanan) request a change of zoning

At a County Commission meeting, Brian and Dana Scholz requested a change of zoning classification from AU to RR-1 for a 3.91-acre parcel located in District 1. The rezoning request was presented by Stuart Buchanan, who mentioned that although the requested zoning is RR-1, the actual lots would be 1.3 acres each. He also highlighted that the Future Land Use has been RES-1 since 1989, and approving this rezoning would make it difficult for quarter-acre lots to expand further into the neighborhood. After discussing details such as sewer or water availability and plans for subdivision, the Board approved the request with a unanimous vote.

Norman Leigh Sherman, Jr., and Karen Denise Turowski request a Small Scale Comprehensive Plan Amendment

During the County Commission meeting, Norman Leigh Sherman Jr. and Karen Denise Turowski requested a Small Scale Comprehensive Plan Amendment (22S.18) to change the Future Land Use designation from Agricultural to RES-1. Jeffrey Ball, Planning and Zoning Manager, provided details on the application and tax account number, and mentioned the property was located in District 1. Chair Pritchett suggested tabling the request until a better description of the property could be obtained, and the Board unanimously approved the continuation of the request.

Jerry W. Solomon and Violet Shirley Solomon Trust Request Zoning Change

Represented by Richard Bartley Spangler, during a County Commission meeting, Jerry W. Solomon and Violet Shirley Solomon Revocable Trust requested a change of zoning classification from BU-1 to BU-2.

Jeffrey Ball, Planning and Zoning Manager, presented the application details and mentioned that the Planning and Zoning Board recommended approval for all BU-1 uses and the use of recreational vehicle (RV) and boat storage only.

Chair Pritchett expressed comfort with the request as long as the Binding Development Plan (BDP) is acceptable. The Board unanimously approved the zoning classification change with a BDP limiting it to BU-1 uses and use of RV and boat storage only.

Edita Realty (James McKnight) requests a change of zoning classification

During the County Commission meeting, Edita Realty requested a change of zoning classification from BU-1 to RU-2-10. Jeffrey Ball, Planning and Zoning Manager presented the application details. A local resident, Julie Benson, expressed concerns about the potential impact of the development on traffic and safety in the area. Chair Pritchett argued that the proposed zoning change would reduce density compared to the current commercial zoning, making it a better fit for the neighboring residential area. After discussing the concerns raised, the Board approved the request to change the zoning classification from BU-1 to RU-2-10.

During the public comments section of the County Commission meeting, local residents Jalaine Spears and Mike Dillon expressed their concerns about the zoning change from BU-1 to RU-2-10. Spears highlighted the small size of the lots and potential traffic and sewage issues, while Dillon worried about the loss of property value and increased crime. Both residents felt that the Board was not taking their concerns seriously. Commissioners responded to these concerns, emphasizing that property rights need to be respected and that the zoning change is more compatible with the neighborhood than the current commercial zoning. Chair Pritchett reiterated that the decision to approve the zoning change was not taken lightly and was made to ensure the least amount of harm to the community.

Public Comments

Residents express concerns over RU-1-7 residential zoning in Port St. John Residents of Port St. John, Florida, expressed their concerns about the proposed RU-1-7 residential zoning at a meeting in February. One resident, Jalaine Spears, lives near Manth Street and believes that the lots are too small for multi-family homes. She believes that there will be no space for children to play in the backyard, and the tenants' cars will take up all the parking space. Spears mentioned that there are no multi-family homes in the area and that the board has no idea what it is doing to the neighborhood.

Another resident, Mike Dillon, expressed his concern that the proposed zoning will devalue his property and increase crime in the area. He believes that the only people who will benefit from the new zoning are the builders and that the proposed tiny houses will not fit in with the rest of the single-family homes in the area. Dillon believes that if anything is done on those lots, it either needs to be one house per lot or make it commercial.

Commissioner Tobia asked Dillon if he consulted a real estate appraiser, and Dillon responded that he had not. Commissioner Zonka noted that the proposed residential zoning is more compatible with the neighborhood, and that Dillon's concerns about crime and devaluation were unfounded.

Chair Pritchett also believed that the proposed residential zoning was better for the neighborhood, as it could have been any large business instead. She hopes that residents will become comfortable with the proposed zoning and have wonderful neighbors.

Overall, residents expressed their concerns about the proposed RU-1-7 residential zoning, citing issues with small lot sizes, lack of parking space, and potential devaluation of their properties. However, some board members and residents believe that the proposed residential zoning is more compatible with the neighborhood than a large commercial business.

Letter of support to Malta Inc.

During the County Commission meeting, Chair Pritchett and County Manager Frank Abbate discussed the proposed Bluefin Energy Storage project by Malta Inc.

The project would involve utilizing the property owned by Orlando Utility Company (OUC) for long-duration energy storage using solar, wind, or natural gas power sources. The facility would create about 250 high-paying jobs during construction and 50 jobs for ongoing maintenance.

Chair Pritchett expressed her support for the project, highlighting that it would help revitalize an underutilized area. The Board approved and authorized the Chair to sign a letter addressed to Benjamin Bollinger, PhD, Vice President of Strategic Initiatives with Malta Inc., expressing their support for the Bluefin Energy Storage project.

The motion was approved unanimously by the commissioners. However, it appeared that the Brevard County Commissioners discussed two different topics in this meeting. The first topic was a proposal by Malta Inc. to build an energy storage project in the area, which the Board of County Commissioners supported. The second topic was about the Brevard Zoo's policy on event rentals and whether or not political events should be allowed.

Commissioner Tobia suggested that if the zoo receives tax dollars from the government, they should not prohibit political figures from renting their spaces, as long as they remain content neutral.

The other commissioners had varying opinions on the matter, with some wanting to wait and see what the zoo board decides and others wanting to ensure that all entities that receive government funds do not discriminate based on political views.

Additionally, Commissioner Tobia expressed his disapproval of the Port Commissioners' decision to give Captain Murray a $51,000 annual raise, bringing his salary to $561,000, which he deemed ridiculous.

Present were Commissioner District 1 Rita Pritchett, Commissioner District 2 Tom Goodson, Commissioner District 3 John Tobia, Commissioner District 4 Rob Feltner, and Commissioner District 5 Kristine Zonka. Upon consensus of the Board, the meeting adjourned at 6:01p.m. [1]

[1] Brevard County Board of County Commissioners Downloadable Meeting Minutes

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Civil litigators are also skilled negotiators, often resolving disputes outside of court to save time and maintain relationships, which is particularly vital in business and probate matters.

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Real Estate

A real estate attorney specializes in property law, helping clients navigate the complexities of buying, selling, and managing real estate, ensuring that transactions comply with state laws and regulations, and providing protection and peace of mind.

Responsibilities of an attorney include drafting and reviewing contracts, negotiating terms, and resolving complex issues such as zoning, leasing, property development, and disputes involving boundaries or titles. Real estate attorneys are also skilled in handling litigation related to construction defects and other property disputes, helping to resolve these matters effectively and prevent potential legal challenges.

By conducting due diligence and offering strategic legal advice, attorneys play an important role in safeguarding clients’ interests. Whether for individual homeowners or commercial property investors, real estate attorneys mitigate risks, represent clients in court, and assist them with making informed decisions that are legally sound.

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Business

Attorneys who practice business law provide legal advice for starting, managing, and expanding businesses, ensuring compliance with applicable laws. Their expertise covers various duties, including drafting and reviewing contracts, advising on corporate governance, facilitating business transactions such as mergers and acquisitions, forming partnerships, LLCs, and other business entities like DBAs, drafting and reviewing LLC Operating Agreements, and assisting with strategic planning.

Business attorneys also help wtih legal matters such as intellectual property rights, disputes, franchising, and regulatory compliance, represent clients in civil litigation to resolve issues like contract breaches and other civil matters, offer advice on administrative and compliance requirements, assist clients who are buying or selling businesses, and even help plan for succession and asset protection.

Attorneys help mitigate risks, safeguard company interests, assist clients in making legally sound, informed decisions, help manage growth, and provide guidance to navigate and resolve legal challenges effectively. Their strategic insights are invaluable in ensuring business operations align with legal standards and long-term objectives.

Learn More About Business Law Learn More arrow_forward calendar_today

Probate

Probate attorneys actively manage the estate administration process following an individual's death, ensuring the distribution of assets aligns with the will or state law, and handle Formal Probate Administration for complex cases, Summary Administration for smaller estates, and Ancillary Administration for assets in other states.

Responsibilities of probate attorneys include filing petitions, appointing personal representatives to manage estate affairs, notifying interested parties to ensure transparency and prevent disputes, helping conduct an inventory and appraisal of the estate's assets, overseeing the payment of debts and expenses, handling probate litigation to resolve any disputes that arise.

They also assist in distributing the assets and formally closing the estate, ensuring all legal and financial responsibilities are met, simplifying the complex probate process, honoring the decedent's wishes, and providing clarity and support to the beneficiaries.

Learn More About Probate Learn More arrow_forward calendar_today

Wills & Trusts

Will and trust attorneys help draft legal documents to ensure their clients' wishes for asset distribution are executed correctly. They draft personalized and legally compliant wills to designate beneficiaries, appoint executors, and establish trusts for asset management and distribution. It is important to note that wills and trusts are an integral part of the estate planning process.

Responsibilities of wills and trust attorneys include providing legal advice and guidance related to asset protection, minimizing tax obligations, facilitating efficient wealth transfer to designated heirs, offering advice on appointing guardians for minor children, and drafting healthcare directives for unforeseen circumstances.

By providing tailored legal advice and crafting personalized documents, attorneys help clients safeguard their legacies, protect loved ones, and ensure that all documents are both legally compliant and enforceable.

Learn More About Wills & Trusts Learn More arrow_forward calendar_today

Estate Planning

Estate planning attorneys provide advice and legal guidance for managing and distributing assets in the event of death or incapacity and assist individuals of various financial backgrounds in preparing essential legal documents such as wills, trusts, and Lady Bird Deeds, and may offer advanced techniques like offshore trusts and family-limited partnerships.

Experienced attorneys offer personalized legal advice, tailoring strategies to meet individual client needs, and assist clients in navigating complex laws and regulations affecting asset management, taxation, and inheritance.

End-of-life planning safeguards wealth and secures a lasting legacy for heirs and charitable causes. Whether estates are modest or substantial, these plans provide invaluable peace of mind and financial security for future generations.

Learn More About Estate Planning Learn More arrow_forward calendar_today

Civil Litigation

Civil litigation attorneys manage disputes and represent their clients effectively with various legal matters and issues. They provide clear legal advice and handle all aspects of a case, from preparing documents to gathering evidence and preparing for trial. They also offer guidance and experience to help clients navigate the legal system efficiently, ensuring that cases are managed effectively and lead to timely outcomes.

Civil litigators are also skilled negotiators, often resolving disputes outside of court to save time and maintain relationships, which is particularly vital in business and probate matters.

When trials are necessary, they present and argue cases effectively to minimize losses and secure favorable outcomes. They offer continuous support and guidance throughout the litigation process, simplifying complex legal issues for their clients in both personal and business contexts.

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