Brevard County Board of County Commissioners  
2725 Judge Fran Jamieson Way  
Viera, FL 32940  
Minutes  
Thursday, February 1, 2024  
5:00 PM  
Zoning  
Commission Chambers  
A.  
CALL TO ORDER 5:04 PM  
Commissioner District 1 Rita Pritchett, Commissioner District 2  
Tom Goodson, Commissioner District 3 John Tobia,  
Commissioner District 4 Rob Feltner, and Commissioner District 5  
Jason Steele  
Present:  
ZONING STATEMENT  
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 the time is extended by  
a majority vote of the Board. The applicant may reserve any portion of the 15 minutes for  
rebuttal. Other speakers are allowed five minutes to speak. Speakers may not pass their time  
to someone else in order to give that person more time to speak.  
C.  
PLEDGE OF ALLEGIANCE  
Commissioner Tobia led the assembly in the Pledge of Allegiance.  
Approval, Re: Permission for Commissioner Goodson, District 2, to Participate Via Telephone  
The Board granted permission for Commissioner Goodson, District 2, to participate via  
telephone.  
Result: APPROVED  
Mover: Rob Feltner  
Seconder: John Tobia  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
D.  
MINUTES FOR APPROVAL  
The Board approved the November 14, 2023, Regular Meeting Minutes.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Rob Feltner  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
Pritchett, Goodson, Tobia, Feltner, and Steele  
Ayes:  
G.1. 3955 Kings Hwy, LLC (Bryan Potts) requests a Small Scale Comprehensive Plan  
Amendment (23S.11), to change the Future Land Use designation from RES 8 and  
CC to all CC. (23SS00011) (Tax Account 2423666) (District 1)  
Chair Steele called for a public hearing to consider a Small Scale Plan Amendment (23S.11) to  
change the Future land Use designation from RES 8 (Residential 8) and CC (Community  
Commercial) to all CC, as petitioned by 3955 Kings Hwy, LLC.  
Jeffrey Ball, Planning and Zoning Manager, stated Items G.1. and G.2. are companion  
applications; he will read them into the record simultaneously; however, the Board will need  
separate motions for each of them. He went on to say Item G.1. is 3955 Kings Hwy, LLC  
requests a Small Scale Comprehensive Plan Amendment (23S.11), to change the Future Land  
Use designation from RES 8 and CC to all CC; the application number is 23SS00011; the Tax  
Account number is 2423666; and it is located in District 1. He noted Item G.2. is for 3955 Kings  
Hwy, LLC requesting a change of zoning classification from AU and BU-2 to all BU-2; the  
application number is 23Z00049; the Tax Account number is 2423666; and it is also located in  
District 1.  
There being no comments or objections, the Board adopted Ordinance No. 24-02, amending  
Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled "The 1988  
Comprehensive Plan", setting forth the Fourteenth Small Scale Plan Amendment of 2023,  
23S.11, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501  
entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled the  
Future Land Use Map Appendix; provision which requires amendment to maintain internal  
consistency with these amendments; providing legal status; providing a severability clause; and  
providing an effective date.  
Result: ADOPTED  
Mover: Rita Pritchett  
Seconder: Rob Feltner  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
G.2. 3955 Kings Hwy, LLC (Bryan Potts) requests a change of zoning classification  
from AU and BU-2 to all BU-2. (23Z00049) (Tax Account 2423666) (District 1)  
Chair Steele called for a public hearing to consider a change of zoning classification from AU  
(Agricultural Residential) and BU-2 (Retail, Warehousing, and Wholesale Commercial) to all  
BU-2, as petitioned by 3955 Kings Hwy, LLC.  
There being no comments or objections, the Board approved a change of zoning classification  
from AU and BU-2 to all BU-2, on property located on the southeast corner of Kings Highway  
and Florida East Coast Railway, Port St. John.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: Rob Feltner  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
G.3. Anabeth Nazario requests a change of zoning classification from RU-1-9 to  
RU-1-11. (23Z00079) (Tax Account 2320163) (District 1)  
Chair Steele called for a public hearing to consider a change of zoning classification from  
RU-1-9 (Single-Family Residential) to RU-1-11 (Single-Family Residential), as petitioned by  
Anabeth Nazario.  
Jeffrey Ball, Planning and Zoning Manager, stated Item G.3. is Anabeth Nazario requests a  
change of zoning classification from RU-1-9 to RU-1-11; the application number is 23Z00079;  
the Tax Account number is 2320163; and it is located in District  
There being no comments or objections, the Board approved the request for a change of  
zoning classification from RU-1-0 to RU-1-11, for property located on the north side of Aspen  
Land, west of Leonard Avenue, Port St. John.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
G.4. Florida Dealer Center, LLC (Bruce Moia) requests a change of zoning  
classification from BU-1 and BU-2 with an existing BDP to all BU-2 and removal  
of existing BDP. (23Z00081) (Tax Account 2314551 and 2314553.) (District 1)  
Chair Steele called for a public hearing to consider a request for a change of zoning  
classification from BU-1 (General Retail Commercial) and BU-2 (Retail, Warehousing, and  
Wholesale Commercial), with an existing Binding Development Plan (BDP), to all BU-2 and  
removal of the exiting BDP, as petitioned by Florida Dealer Center, LLC.  
Jeffrey Ball, Planning and Zoning Manager, stated Item G.4. is Florida Dealer Center, LLC  
requests a change of zoning classification from BU-1 and BU-2 with an existing Binding  
Development Plan (BDP) to all BU-2 and removal of existing BDP; the application number is  
23Z00081; the Tax Account numbers are 2314551 and 2314553; and it is located in District 1.  
Commissioner Pritchett advised she did notice there was a change on the BDP; she loves what  
they are doing with the project; she wants in the BDP that if there is outdoors storage that they  
will have it behind the building and out of sight; it will be allowed to do everything done in BU-1;  
but the BU-2 part is they will be doing the storage.  
Bruce Moia commented they concur with those two conditions.  
There being no further comments or objections, the Board approved a request for a change of  
zoning classification from BU-1 and BU-2, with an existing BDP, to all BUp2 and removal of the  
existing BDP, subject to a new BDP with the following conditions: site to be developed per any  
allowable BU-1 use or as trades retail, wholesale, and storage facility, and related ancillary  
services and facilities, as allowed in BU-2 zoning; and any outdoor storage shall be to the rear  
of the building.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
G.5. Quality RV Florida, LLC requests a small scale comprehensive plan amendment  
(23S.24) from Res-6 to CC. (23SS00024) (Tax Account 2702826) (District 5)  
Chair Steele called for a public hearing to consider a request for a Small Scale Comprehensive  
Plan Amendment (23S.24) to change the Future Land Use designation from RES 6  
(Residential 6) to CC (Community Commercial), as petitioned by Quality RV Florida, LLC.  
Jeffrey Ball, Planning and Zoning Manager, stated Items G.5. and G.6. are companion  
applications; for the record, staff has received a correspondence from the applicant requesting  
that this Item be continued or remanded back for staff review; it was determined that there is a  
use occurring on the property that would not be consistent with the request, so the additional  
time would allow for the re-advertising and time for the applicant to revise his application; and it  
will be re-advertised and brought back to the Board at a later date.  
There being no comments or objections, the Board continued request for a Small Scale  
Comprehensive Plan Amendment to change the Future Land Use designation from RES 6 to  
CC, to the March 7, 2024, Zoning meeting.  
Result: CONTINUED  
Mover: Rob Feltner  
Seconder: Rita Pritchett  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
G.6. Quality RV Florida, LLC requests a change of zoning classification from RU-1-7  
and TR-1 to all BU-1. (23Z00083) (Tax Account 2702826) (District 5)  
Chair Steele called for a public hearing to consider a change of zoning classification from  
RU-1-7 (Single-Family Residential) and TR-1 (Single-Family Mobile Home) to all BU-1 (General  
Retail Commercial), as petitioned by Quality RV Florida, LLC.  
There being no comments or objections, the Board continued request for a change of zoning  
classification from RU-1-7 and TR-1 to all BU-1, to the March 7, 2024, Zoning meeting.  
Result: CONTINUED  
Mover: Rob Feltner  
Seconder: Rita Pritchett  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
G.7. Travis and Rebecca Pless request a Small Scale Comprehensive Plan  
Amendment (23S.23) to the Future Land Use designation from AGRIC to Res 1.  
(23SS00023) (Tax Account 2002077) (District 1)  
Chair Steele called for a public hearing to consider a request for a Small Scale Plan  
Amendment (23S.23) to the Future Land Use Designation from AGRIC (Agricultural) to RES 1  
(Residential 1) on 1.21 acres, as requested by Travis and Rebecca Pless.  
Jeffrey Ball, Planning and Zoning Manager, stated Items G.7. and G.8. are companion  
applications; he will read them into the record simultaneously; but the Board will have to have  
separate motions. He explained Item G.7. is Travis and Rebecca Pless request a Small Scale  
Comprehensive Plan Amendment (23S.23) to the Future Land Use designation from AGRIC to  
RES 1; the application number is 23SS00023; the Tax Account number is 2002077; and it is  
located in District 1. He continued by saying Item G.8. is Travis and Rebecca Pless request a  
change of zoning classification from GU to RRMH-1; the application number is 23Z00080; the  
Tax Account number is 2002077; and it is also located in District 1.  
There being no comments or objections, the Board adopted Ordinance No. 24-03, setting forth  
the fifteenth Small Scale Comprehensive Plan Amendment (23S.23) to change the Future Land  
Use designation from AGRIC to RES 1, on property on the frontage on the south side of Pine  
Needle Street, west of Meadow Green Road, Mims.  
Result: ADOPTED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
G.8. Travis & Rebecca Pless request a change of zoning classification from GU to  
RRMH-1. (23Z00080) (Tax Account 2002077) (District 1)  
Chair Steele called for a public hearing to consider a request for a change of zoning  
classification from GU (General Use) to RRMH-1 (Rural Residential Mobile Home), as  
requested by Travis and Rebecca Pless.  
There being no comments or objections, the Board approved a change of zoning classification  
from GU to RRMH-1, on property located on the south side of Needle Street, west of Meadow  
Green Road, Mims.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
G.9. John L. Hearton requests a changes of zoning classification from EU to SEU.  
(23Z00077) (Tax Account 2633100) (District 4)  
Chair Steele called for a public hearing to consider a change of zoning classification from EU  
(Estate Use) to SEU (Suburban Estate Residential), as requested by John L. Hearton.  
Jeffrey Ball, Planning and Zoning Manager, stated Item G.9. is John L. Hearton requests a  
change of zoning classification from EU to SEU; the application number is 23Z00077; the Tax  
Account number is 2633100; and it is located in District 4.  
There being no comments or objections, the Board approved a change of zoning classification  
from EU to SEU, on property located east and west side of South Tropical Trail, south of  
Stockton Drive, Merritt Island.  
Result: APPROVED  
Mover: Rob Feltner  
Seconder: Rita Pritchett  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
G.10. Christopher H. Griffin requests a change of zoning classification from RU-1-9 to  
RU-1-11. (23Z00084) (Tax Account 2864401) (District 5)  
Chair Steele called for a public hearing to consider a request for a change of zoning  
classification from RU-1-9 (Single-Family Residential) to RU-1-11 (Single-Family Residential),  
as requested by Christopher Griffin.  
Jeffrey Ball, Planning and Zoning Manager, stated Item G.10. is Christopher H. Griffin requests  
a change of zoning classification from RU-1-9 to RU-1-11; the application number is 23Z00084;  
the Tax Account number is 2864401; and it is located in District 5.  
There being no comments or objections, the Board approved request for a change of zoning  
classification from RU-1-9 to RU-1-11, on property located on the south side of Miami Avenue,  
west of Arizona Street, Melbourne.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
G.11. Virginia Anne Nelsen requests a change of zoning classification from GU to RR-1.  
(23Z00082) (Tax Account 2001693 & 2001694) (District 1)  
Chair Steele called for a public hearing to consider a change of zoning classification from GU  
(General Use) to RR-1 (Rural Residential), as petitioned by Virginia Anne Nelsen.  
Jeffrey Ball, Planning and Zoning Manager, stated Virginia Anne Nelsen requests a change of  
zoning classification from GU to RR-1; the application number is 23Z00082; the Tax Account  
numbers are 2001693 and 2001694; and it is located in District 1.  
There being no comments or objections, the Board approved the request of Virginia Anne  
Nelsen for a change of zoning classification from GU to RR-1, on property located on the north  
side of Aurantia Road, east of International Avenue, Mims.  
Result: APPROVED  
Mover: Tom Goodson  
Seconder: John Tobia  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
J.7. Jason Steele, Commissioner District 5, Chair  
Chair Steele asked the Board to travel to Washington, D.C., with the Economic Development  
Commission of Florida’s Space Coast (EDC) and several of the large economic businesses  
here from March 20, 2024, through March 23, 2024; and the purpose of the trip is to determine  
ways to get additional monies for infrastructure, and to find additional ways to get economic  
incentives for some of these businesses.  
The Board granted approval for Chair Steele to travel to Washington, D.C., from March 20,  
2024, to March 23, 2024.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele  
J.5. John Tobia, Commissioner District 3  
Commissioner Tobia advised today is National GI Joe Day; the useless Florida fact is Four  
Corners, and unincorporated community near Disney, saw more lightning in 2022 than any  
community in the United States according to an environmental technology company; Four  
Corners ranked first in lightning density this year of 474 lightning events per square  
calamander, or 1,229 lightning events per square mile; this day in Florida history is the Bok  
Tower Gardens and Bird Sanctuary in Lake Wales was dedicated by President and Mrs. Calvin  
Coolidge on this day in 1929; and this is the brain child of Dutch immigrant Edward W. Bok and  
his wife Mary Lewis Curtis Bok, who wintered in Florida. He mentioned the complex features a  
250-acre garden with thousands of different trees, shrubs, and flowers designed by Frederick  
Law Olmsted, Jr.; the centerpiece to the garden, however, is a 205-foot tall stone gothic revival  
and art deco tower, which houses a 60-bell carillon; the employee recognition is for Denny  
Long, Code Enforcement Supervisor, Planning and Development Department; he began with  
Space Coast Area Transit (SCAT) as a radio operator in 2014; and he has been in Planning  
and Development since 2017. He continued by saying Denny has a Bachelor of Science from  
San Antonio Theological College; he has developed his skills in a variety of ways, including  
through Toast Masters; he has spent his career in civil service, previously working as a social  
service case worker at the Veteran’s Administration (VA); he began his County career with  
Brevard County Transit, which he learned his valuable leadership skills from people like Jim  
Liesenfelt, Assistant County Manager; and he came from Brevard County Planning and  
Development to be a Code Enforcement Officer, and eventually earned a promotion to Code  
Enforcement Supervisor. He noted Denny’s passion for his job is infectious, and he leads by  
example in the way he goes about his work diligent and with great professionalism; in the Code  
Enforcement division, he works to ensure employees remain knowledgeable and dedicated,  
including through the Florida Institute of Technology (FIT) program, which is a  
fellowship-infused training which he founded; he is a graduate of the Employee Development  
Program, and currently a class member of the Executive Leadership Institute; and as a side  
note, so is his employee Bethany Presad who sits next to Denny in the class. He pointed out  
Bethany says Danny always has a positive attitude, is continually encouraging others in helping  
to boost their confidence, and is an all-around wonderful person.  
K.  
PUBLIC COMMENTS  
Richard Heffelfinger stated he took the Board’s suggestion and went to Cocoa; they had a  
wonderful, little meeting there on January 23rd; they were actually considering their community  
development district’s second hearing, which they are pretty far down the road in building their  
nice development at the end of the road; they really were not interested in his idea to cut a new  
road, because that would probably be expensive; and they are going to push forward. He  
advised the neighborhood has done an excellent job; they reached out to St. Johns River  
Water Management District (SJRWMD), they are still considering the permits; there was a  
member of the community who met with Commissioner Pritchett; she was very attentive and  
took their concerns; they will look forward in working with her in continuing, because it seems  
surprising as those guys had a multi-year plan for that development and phases; and he  
understands why they are phasing it because there are traffic issues with SR 524. He noted he  
thinks they still owe the County a water conveyance permit; they still owe the County a vacating  
of James Road so they can put that road in; he thinks they think they are going to start before  
they actually are ready to start; those are the things that they are working on; there was a guy  
at Cocoa, one of the lawyers for the developer, and he asked if he had contacted them; and he  
asked why would he contact them, as he does not live in Cocoa. He explained the gentleman  
pointed out that he should still meet with the developer, so he took his telephone number, and  
maybe they can try that, but he does not see them getting anywhere; when James Road is  
vacated, he does not know if there is any safety aspect that may be considered when looking to  
vacate that road, because that is a safety issue; they think that a single point of exit is the  
safety for fire, traffic, and emergency response; and in the past Cocoa told them, that stuff is  
coming in on the County road, which is the County’s problem, and he does not think that is  
true. He commented when someone calls the cops, Cocoa Police Department is supposed to  
respond; of course, if they do not, the Brevard County Sheriff is willing to help out; he thinks he  
will bill those guys, so it is not a problem; that single point road with traffic coming on James  
Road as part of the stipulation, they will all come flying down Friday Road; and there is any  
blockage and any problem, he sees that as a safety, and he hopes that maybe vacating James  
Road is a consideration the Board should look hard at. He stated he understands that even the  
City’s emergency services were asked, and this is rumor, what about the fire access; they  
responded it kind of sucks; they stated they would still be moving forward with the project;  
SJRWMD is aware and they received over 100 comments, so they are slowing down, and will  
probably be looking for some activity out of the County to make sure that they do not jump the  
gun and issue a permit; and he reiterated he wanted to let the Board know of the status.  
Sandra Sullivan stated to talk about the stormwater conveyance, back when the Board  
approved the stipulated agreement, at the time, the Assistant County Manager Mel Scott,  
former Director of Planning and Zoning, he actually made the recommendation to the County  
Commissioners that this stormwater conveyance remain in Cocoa, that all of the stormwater  
remain onsite, because of the issues of stormwater impacts and flooding in that area; and she  
encouraged the Board to read the minutes from 2007 when the Board approved the stipulation  
agreement. She continued by saying she is here bout another issue, so save our mid-reach  
reef, this is something she has advocated for, for a number a years; currently, it is unburied  
because sand has been lost due to storms recently; it was a beautiful reef; right now it is pretty  
barren, because it is pretty destroyed; this was under the Magnuson-Stevens Fishery  
Conservation Management Act, which is a Federal law; it protects as an essential fish habitat; it  
is very important to sea turtles and the fisheries of the Lagoon; and when talking about the  
Lagoon, it is important. She stated this is important, the permit was only dune restoration; down  
at low water, this was 15-feet high all the way down into the ocean; by digging into records, she  
started finding out that in 2020 some modifications were made on the outfall and  
misrepresentation made that all of the outfall issues have been taken care of, and to increase  
the amount of sand that was allowed; per the Federal Fish and Wildlife Service biological  
opinion under Section Seven Consult by the Endangered and Threatened Species Act, only  
300,000 cubic yards of sand was allowed; the Board made a permit change in 2020; that put  
over 400,000 cubic yards, so it was only allowed for the top 6.2 miles by the biological opinion,  
only 300,000, because that is the calculation used for the impacts to the reefs, so it is only  
allowed 2.95 acres of reef impacted; and when putting more sand, more mid-reach was  
impacted. She pointed out the mid-reach six where she is, is 41 percent of the reef, so people  
do not know what the impacts are because there was no monitoring on reef six; and she asked  
the Board to stop this project until a renewed biological opinion is done by Fish and Wildlife  
Services.  
Upon motion and vote, the Board adjourned at 5:27 p.m.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Rob Feltner  
Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele