Rollcall

Commissioner District 1 Katie Delaney , Commissioner District 2

Tom Goodson, Commissioner District 3 Kim Adkinson, and

Commissioner District 4 Rob Feltner

Present:

Absent:

Commissioner District 5 Thad Altman

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,

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.

PLEDGE OF ALLEGIANCE: Commissioner Rob Feltner, District 4

Chairman Feltner led the assembly in the Pledge of Allegiance.

MINUTES FOR APPROVAL: 3-27-2025 Budget Workshop, 4-15-2025 Budget

Workshop

The Board approved the March 27 and April 15, 2025, Budget Workshop meeting minutes.

Mover: Kim Adkinson

Seconder: Katie Delaney

F.1. Acceptance, RE: Binding Development Plan with Nicholas Duffy (24Z00071)

(District 3)

The Board executed Binding Development Plan Agreement with Nicholas Duffy, for property

located on the south 329 feet of Government Lot 3, Section 11, Township 30 South, Range 38

East, lying west of the Right-of-Way line of the Florida East Coast Railroad Right-of-Way, less

and except that part contained in Official Records Book 1177, Page 296 and Official Records

Book 1554, Page 73, Public Records of Brevard County, Florida.

Result: APPROVED

Mover: Kim Adkinson

Seconder: Katie Delaney

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

F.2. Acceptance, RE: Binding Development Plan with Troy Holdings, LLC (25Z00001)

(District 2)

The Board accepted and executed Binding Development Plan with Troy Holdings, LLC, for

property located on Official Records Book 4098, page 0601:4 parcel of land in lying in Section

2, Township 25 south, Range 36 east, Brevard County, Florida, being a portion of the lands

described in official records book 2334, page 2381, of the public records of Brevard County,

Florida, being more particularly described as follows: commence at a point of intersection of the

centerline of South Tropical Trail (60 foot right of way) and a point 470.34 feet south by right

angle measurement of the north line of section 2; thence N 94 degrees 20'59" W, along the

centerline, a distance of 100.28 feet, thence n 89 degrees 33'15'' E, a distance of 831.92 feet

to a point on the centerline of a 25 foot wide drainage easement and the point of beginning,

thence continue N 89 degrees 33'15'' E, a distance of 211.23 feet, thence N 00 degrees 26'45''

W, a distance of 106.83 feet, thence N 73 degrees 06'03''E, a distance of 52.07 feet to the

westerly right of way of South Courtenay Parkway (a.k.a. State Road No. 3, a 100 foot right of

way), said point being on a circular curve concave to the northeast and having a radius of

1578.00 feet, said radius bears S 72 degrees 05' 13'''W, thence southeasterly along said

westerly right of way and said curve through a central angle of 03 degrees 00'47", a distance of

83.00 feet, thence S01 degrees 53'57'' W, a distance of 350.98 feet to the north line of Tropical

Gardens, as recorded in plat book 16, page 138, of the public records of Brevard County,

Florida, thence S 89 degrees 33'15'' W along said north line, a distance of 195.23 feet to a

point on the centerline of said 25 foot drainage easement, thence N 13 degrees 18'46'' W,

along said centerline, a distance of 70.56 feet, thence N 17 degrees 40'57'' W, along said

centerline, a distance of 55.26 feet, thence N 13 degrees 44'12'' W, along said centerline, a

distance of 49.09 feet, thence N 17 degrees 23'01''W, along said centerline, a distance of

49.30 feet, thence N 13 degrees 06'01'' W, along said centerline a distance of 49.87 feet,

thence N 13 degrees 14'24" W, along said centerline, a distance of 43.49 feet to the point of

beginning. Subject to a drainage easement over the west 12.5 feet.

Result: APPROVED

Mover: Kim Adkinson

Seconder: Katie Delaney

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

F.3. Acceptance, RE: Binding Development Plan with Home Nation Cocoa, LLC.

(25Z00005) (District 1)

The Board accepted and executed Binding Development Plan with Home Nation Cocoa, LLC,

for property located on the south 250 feet bordering on U.S. Highway No. 1, of the west 400

feet of the south 9.31 acres of the north 12.31 acres Lot 1, except that property described in

Deed Book 172, Page 3 and O.R. Book 42, Page 52 in Section 8, Township 24, Range 36; and

that part of south 9 ½ acres of the north 12 ¾ acres of the NE ¼ of the NE ¼ lying east of

U.S. Highway No. 1 in Section 7, Township 24, Range 36; and the north 80 feet bordering on

U.S. Highway No. 1 of the west 400 feet of the south 9.31 acres of the north 12.31 acres of Lot

1, except that property described in Deed Book 172, Page 3 and O.R. Book 42, Page 52, in

Section 8, Township 24, Range 36, and that part of the south 9 ½ acres of the north 12 ¼

acres of the NE ¼ of the NE ¼ lying east of U.S. Highway No. 1, in Section 7, Township 24,

Range 36.

Result: APPROVED

Mover: Kim Adkinson

Seconder: Katie Delaney

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.1. Casabella Development, LLC (Kim Rezanka) requests a zoning classification

change from BU-1-A to RU-2-6. (24Z00064) (Tax Account 3018651) (District 4)

Chairman Feltner called for Public Hearing on a request by Casabella Development, LLC for a

zoning classification change from BU-1-A to RU-2-6, application number 24Z00064 for tax

account number 3018651, located in District 4.

Trina Gilliam, Planning and Zoning Manager, stated this is Casabella Development, LLC being

represented by Kim Rezanka, requesting a zoning classification change from BU-1-A to

RU-2-6, under application 24Z00064, located in District 4.

Kim Rezanka stated she is there on behalf of DiPrima Construction Corp which is the contract

purchaser for the property owned by Ron Levy; this parcel is five acres and currently zoned

BU-1-A restricted neighborhood retail; they are seeking RU-2-6 to build townhomes; according

to the staff report currently, if this was done under live local, they could have 30 units to the

acre, based upon the residential 15 to the Future Land Use to the west, but they are seeking

just RU-2-6 which would limit it to 30 units; and they have provided a concept plan without any

engineering that shows 20 units, but it does show the buffering and is avoiding the impacts to

the wetlands. She noted it is the desire of DiPrima Construction to build 20 to 30 townhomes;

they will be two-story and have a sale price of approximately $600,000; they will have two-car

garages; and with her is Demar Hahn and Evan McCluan with DiPrima Construction Corp. She

mentioned this is on Wickham Road, across from the Post Office near a three-story apartment,

Legacy at Oakwood; it is adjacent to RU-1-11, the Casabella Development; the RU-1-11 allows

for 7,500 square foot lots, 1,100 minimum; this is to the north of the Casabella Office Complex;

and as the Board can see from the aerial map, page 65 of the Agenda packet, this is a large

vacant lot and not actually a part of the Casabella Office complex but part of the Casabella plat

to the west. She added it is donated as E for future development and is not platted at this time;

when it goes to townhomes it will be platted for townhomes and it will be single-family

ownership; the reason this is requesting for townhomes is because the need for commercial in

this area is not existing right now; there is actually a pad still on the Casabella Office Complex

that is vacant, and no one has chosen to build it; if the Board would look at page nine of the

Agenda Packet, that is part of the Casabella Phase 3 plat; it shows the 50-foot buffer to the

west of this property to show that there will be a substantial buffer between this townhome

project and the single-family homes to the west; and on page 70, the parcel itself, it shows the

wetland to the south and this is what is to be avoided with the townhome project. She went on

to explain page 71 of the Agenda packet shows just the concept plan of what could be with the

townhomes; a traffic generation analysis was provided, two-pages, to Planning and Zoning, but

the entire packet has been submitted as well, that shows this will be a substantial reduction in

traffic from what could be there, should there be a commercial center there; the commercial

center could be as large as 163,000 square feet and have a net of new trips of 7,127 trips; and

this will only generate 216 new trips a day, therefore, this is a much less intense use on

Wickham, especially in this area where it can be very challenging with rush hour traffic. She

mentioned according to the staff report this is a mixed use area; there are no concurrency

issues and there are no material violations of Comp Plan Policies; and with that they can

answer any questions. She reiterated the request is for approval of the rezoning from BU-1-A to

RU-2-6.

Chairman Feltner stated he thinks there was talk before about a Binding Development Plan

(BDP) for no short-term rentals.

Ms. Rezanka advised that is fine.

Chairman Feltner asked if Ms. Rezanka’s client would agree to that.

Ms. Rezanka responded affirmatively.

There being no further comments or objections, the Board approved a request by Casabella

Development, LLC for a change of zoning classification from BU-1-A to RU-2-6, application

number 24Z00064, tax account number 3018651, located in District 4, with a BDP restricting it

to no short-term rentals.

Result: APPROVED

Mover: Katie Delaney

Seconder: Kim Adkinson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.11. Linde Inc. (Kim Rezanka) requests a Conditional Use Permit (CUP) for IU-1.

(25Z00017) (Tax Account 2103214) (District 1)

Chairman Feltner called for Public Hearing on a request by Linde Inc. for a Conditional Use

Permit (CUP) for IU-1 for application number 25Z00017 for tax account number 2103214,

located in District 1.

Trina Gilliam, Planning and Zoning Manager, stated this is a request by Linde, Inc. being

represented by Kim Rezanka for a CUP for IU-1, Heavy Industrial under application number

25Z00017, located in District 1.

Kim Rezanka stated she is appearing on behalf of Linde, Inc. and with her is Dave Yagielski,

Director of Capital Improvements and Sean Chase, Supervisor of the plant in Mims, Florida;

they were before the Board back in January for the rezoning and Comp Plan change to Heavy

Industrial; this is part two, the CUP; at the time they came before the Board there was no site

plan but now they have one; that has been presented to the Board, page 474 of the Agenda

packet; she has other copies as well; on January 13, 2025, this was approved for Future Land

Use and zoning of Heavy Industrial; it is on 10.46 acres of the north parcel owned by Linde,

Inc.; the south parcel already has a CUP and it has an existing industrial gas manufacturing

plant; and this is basically expanding the plant to allow for additional gas production because of

all of the activity at the Space Center. She continued by saying SpaceX is one of their major

customers; SpaceX has submitted a letter of recommendation asking for support for this as

have two other customers from the Space Center; this is located in North Mims; it has been in

existence since 1965 or 66; they do need the Conditional Use to do this chemical

manufacturing, but there are no specific requirements in the CUP application; this is one of the

odd Conditional Use Ordinances that has no specific criteria; it is up to the Board to put in its

criteria that it might think would be appropriate; and they do have to meet performance

standards of the County Code, meet all safety regulations, have a State permit, and have an

ERP permit, so there is a lot of permitting agencies that oversee this regulation. She asked Mr.

Yagielski to come up and tell the Board a little about the Linde operation and why the

expansion is necessary.

Dave Yagielski stated when he was there in January he talked about what Linde does; Linde is

the world’s largest industrial gas company; they take air and separate it into its constituents;

oxygen, nitrogen, and argon allow manufacturing processes and things like space launches to

happen; they use the oxygen that this company generates; the plant has been there since

1965; in the past six years, they have done two other expansions already and this will be the

third, in order to continue supporting the markets that they supply; on top of the aerospace

industry, they do supply steel, gas, pharmaceuticals, and semiconductors so there is a wide

range of products; and he flipped through the slideshow explaining this is not the exact plant

but a similar facility of what they are putting in. He went on to say they take the air and

separate it, liquefy it so it is easily transported to where it is being used; they will be trucking the

products to customers throughout Florida, and the Space Center as well; the document

displays the existing facility that is there today; and they would be expanding to what is at the

left of the photograph, which is to the north.

Ms. Rezanka continued on by saying what she has provided the Board is a copy of the site

plan, it states conditional use concept plan but it is the site plan; this is what Kimley Horne is in

the process of designing with the addition to the north; there are some issues that have to be

addressed such as the paving of the road, some distant separations form residential property,

and things like that; the big issue that continually comes up is concern for traffic at U.S. 1 and

Wiley, and therefore, they have hired a traffic engineer, Walsh Traffic Engineering; he just got

that to her yesterday and she apologized for not getting it to the Board sooner; and Florida

Department of Transportation (FDOT) did a study at this intersection in spring of 2024 and he

was able to review that, review the crash reports, and when they went out to do a traffic count it

was shut down because there was some resurfacing being done at the time. She mentioned

the engineering firm went through this and looked at the four-year crash data; he said there

was no crash trend identified; this is a 65 mph speed zone; FDOT did not see a need to reduce

that based upon what Mr. Walsh said, that they are doing this resurfacing and if they thought

there was a need to reduce it, it would have been done during this resurfacing project; on page

two Mr. Walsh states that based upon the review of the study, the fact that the existing

unsignalized minor street stop, controlled, full median opening is being maintained under

FDOT’s milling and resurfacing project, and the Linde facility expansion will marginally increase

traffic at U.S.1. at Wiley; no improvements are recommended at this intersection; currently,

there are two trucks an hour, per day, going through that intersection, so 48 trucks per day and

it will increase to about 90 trucks per day; and it is still very minimal for the traffic coming out of

there. She went on to say for Planning and Zoning, they had Michael Ashton from Linde talk

about how they have had no serious injuries in a very long time, no serious truck issues in over

10 years; there are multiple safety mechanisms in these trucks to prevent any accidents; she

also wanted to briefly talk about the staff analysis and staff report that this use can be

considered compatible with the character; there is residential in the area but it is very nominal;

the closest house is 500 feet from there and others are one-half a mile away; and this was

there first, long before the other houses came in. She stated the preliminary currents reviewed

says there is no potential to cause deficiencies in traffic; there is access to potable water; they

need to comply with performance standards; these are the same impacts for this conditional

use that already exists; the CUP review says no substantial impact on adjacent or nearby

properties; and it is anticipated nine to 15 new employees on eight hour shifts, so not a lot of

employee traffic either. She noted there will be no odor, particles, smoke, of fumes from this

facility; the noise would be at the same type; there is no adjacent residential; the hours of

operation have been the same historically; and with that she would request approval of the

CUP.

Sandra Sullivan stated she is the person who likes transparency and accountability; that site

being shown on the screen is not the parcel being talked about, it is to the north; it would have

been good to include the diagram that was in the Agenda packet that showed the lot towards

the north; she has seen a lot of media attention to an LG plant and a lot of discussion about

that on social media; it is having people look over here while it is happening over here; she

actually thinks this is a good location, it was just the way it was gone about; this came before

Planning and Zoning and it was just like they were expanding their operations from something

that was zoned before the Comprehensive Plan, so not consistent with the surrounding area;

residential was rezoned, and utility; the statements made at that time, and the question asked,

was that this was going to expand this particular plant with liquid oxygen, but now she sees it is

liquefied natural gas; she thinks when these things are done, on the screen it should have had

the right location to the north, which there is a street there with some residences; the good

news is this is very low residential, to the west is wetlands, and she thinks it is a good location;

and she just wants to see a little more transparency and accuracy for the benefit of the public.

There being no further comments or objections, the Board approved a CUP for a chemical

manufacturing with an IU-1 zoning classification, application number 25Z00017, located in

District 1.

Result: APPROVED

Mover: Katie Delaney

Seconder: Tom Goodson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.4. Thomas Daugherty requests a change of zoning classification from GU to

RU-1-11. (25Z00007) (Tax Account 2301907) (District 1)

Chairman Feltner called for a public hearing on a request by Thomas Daugherty to change a

zoning classification from GU-to RU-1-11, application number 25Z00007, tax account number

2301907, and located in District 1.

Trina Gilliam, Planning and Zoning Manager, stated Thomas Daugherty requests a change of

zoning classification from GU to RU-1-11 under application number 25Z00007, located in

District 1.

Chairman Feltner advised there was a letter received requesting for this Item to be tabled.

There being no further comments or objections, the Board tabled the request by Thomas

Daugherty for a change of zoning classification from GU to RU-1-11 to a future meeting.

Result: TABLED

Mover: Katie Delaney

Seconder: Kim Adkinson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.8. Emerald Plaza Development, Inc (Louis Riposta) requests a CUP (Conditional Use

Permit) for Alcoholic Beverages for On-Premises Consumption accessory to a

cigar bar in Units 1-5. (25Z00014) (Tax Account 2419246) (District 2)

Chairman Feltner called for a public hearing on a request by Emerald Plaza Development, Inc.

for a Conditional Use Permit (CUP) for alcoholic beverages for on-premises consumption

accessory to a cigar bar in units 1-5, application number 25Z00014, tax account number

2419246, located in District 2.

Trina Gilliam, Planning and Zoning Manager, stated Emerald Plaza Development, Incorporated,

represented by Louis Riposta, requests a CUP for alcoholic beverages for on-premises

consumption accessory to a cigar bar in units 1 through 5 under application number 25Z00014,

located in District 2.

There being no further comments or objections, the Board continued the request by Emerald

Plaza Development, Inc., for a CUP to the August 7, 2025 Board of County Commissioner

meeting.

Result: APPROVED

Mover: Tom Goodson

Seconder: Katie Delaney

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

kH.2. Aubri Lucille Williamson requests a change of zoning classification from RU-1-9

to RU-2-10. (24Z00052) (Tax Account 2743715) (District 5)

Chairman Feltner called for public hearing on a request by Aubri Lucille Williamson for a

change of zoning classification from RU-1-9 to RU-2-10 for application number 24Z00052, tax

account number 2743715, located in District 5.

Trina Gilliam, Planning and Zoning Manager, stated Aubri Lucille Williamson, being

represented by Attorney Nathan Meloon, requests a change of zoning classification from

RU-1-9 to RU-2-10, under application number 24Z00052, located in District 5.

Mr. Meloon stated the applicant is there on one parcel just north of the Indialantic in the

unincorporated area of the County, just west of Gross Point Avenue, near where Long Doggers

is located in north Indialantic; what they are seeking is to make the property compatible and

consistent with the neighboring uses; specifically, the property to the north is a day care center,

the property to the east has similar zoning and it is more as it goes to the west, there is R-1

zoning; at the Planning and Zoning meeting it was asked and they stipulated to a Binding

Development Plan (BDP) that will remain with one property, one principle structure on the

property, single-family, and one-story; this was built in 1952; it is a pretty simple request; and

he is happy to answer any questions. He added the property owner is here and there is a

stipulation for a BDP with no vacation rentals with no resort dwelling use; there is a current

long-term tenant that is under lease for the property for he believe one year; and he would ask

the Board to approve this.

Commissioner Adkinson asked what changing this zoning does for the owner.

Mr. Meloon advised he is trying to make it compatible and consistent with the other uses in the

area, specifically the day care across the street; the intent is to keep using it as a single-family

home; he saw the same thing in the Agenda packet and essentially what it does is allow for the

same use and for it to be consistent; the house was built back in 1952; there was a rezoning

done in 1976; and just looking at it and what has been done, they are making sure that it is

compatible and consistent with the area.

Commissioner Adkinson inquired if there is anything that the new zoning would allow for that is

not allowed right now.

Mr. Meloon replied he does not believe so.

James Eric Preece stated he owns the property that is two units from Ms. Williamson that is at

198 Grosse Pointe; all the units in that area are on the north side of Franklin are RU-2-10; he

does not see any reason why she should not be able to get hers changed to that; really there

should not be any kind of Binding Development Plan (BDP) or anything placed on the property

because no one else has that in the area; and the other ones nearby are RU-2-12.

Commissioner Adkinson asked if the motion states there is a BDP on the property to keep out

short-term rentals.

Commissioner Goodson advised he will amend to include that.

Billy Prasad, Planning and Development Director, asked if the BDP includes all three conditions

recommended by the Local Planning Agency (LPA), which includes not to be used for resort

dwellings, limited to one single-family unit, and it would be a single-story structure, or is the

Board just doing a BDP for the vacation rentals.

Commissioner Goodson advised it will be amended to include all three.

There being no further comments or objections, the Board approved a change of zoning

classification from RU-1-9 to RU-2-10, under application number 24Z00052, located in District

5, with a BDP for no resort dwelling and have single-story, single-family only.

Result: APPROVED

Mover: Tom Goodson

Seconder: Kim Adkinson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.3. Quentin I. Bessent, Jr. requests a change of zoning classification from AU to

RU-1-11. (25Z00006) (Tax Account 2113028) (District 1)

Chairman Feltner called for public hearing on a request by Quentin I. Bessent, Jr. for a change

in zoning classification from AU to RU-1-11, application number 25Z00006, tax account

2113028, located in District 1.

Trina Gilliam, Planning and Zoning Manager, stated Quentin Bessent, Jr. requests a change of

zoning classification from AU to RU-1-11 under application number 25Z00006, located in

District 1.

Quentin I. Bessent, Jr. stated he would just like to do a single-family resident home, therefore,

a change from AU to RU-1-11.

There being no further comments or objections, the Board approved the request by Quentin I.

Bessent, Jr. to change the zoning classification from AU to RU-1-11 under application number

25Z00006, located in District 1.

Result: APPROVED

Mover: Katie Delaney

Seconder: Kim Adkinson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.5. John A. and Christine S. Conley (Ken Ludwa and/or Savannah Farley) request a

zoning classification change from BU-2 to RU-1-11. (25Z00010) (Tax Account

3019263) (District 2)

Chairman Feltner called for public hearing on a request by John A. and Christine S. Conley for

a change of zoning classification from BU-2 to RU-1-11, application number 25Z00010, tax

account number 3019263, located in District 2.

Trina Gilliam, Planning and Zoning Manager, stated John A. and Christine S. Conley, being

represented by Ken Ludwa and/or Savannah Farley, request a change of zoning classification

from BU-2 to RU-1-11 under application number 25Z00010, located in District 2.

Savannah Farley stated she is with BSE Consultants representing the owner; and they are

looking to rezone the property from BU-2 to RU-1-11.

There being no comments or objections, the Board approved the request by John A. and

Christine S. Conley for a change of zoning classification from BU-2 to RU-1-11 under

application number 25Z00010, located in District 2.

Result: APPROVED

Mover: Tom Goodson

Seconder: Katie Delaney

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.6. Steven Schulze, Jr. requests a zoning classification change from AU to RU-1-13.

(25Z00011) (Tax Account 2800112) (District 5)

Chairman Feltner called for a public hearing on a request by Steven Schulze, Jr. for a change

of zoning classification from AU to RU-1-13, application number 25Z00011, tax account

number 2800112, located in District 5.

Trina Gilliam, Planning and Zoning Manager, stated Steven Schulze, Jr. requests a change of

zoning classification from AU to RU-1-13 under application number 25Z00011, located in

District 5.

Steven Schulze stated he is trying to do an addition to his house and he was told it was not

zoned properly so he has to rezone it.

There being no comments or objections, the Board approved the request by Steven Schulze,

Jr. for a change of zoning classification from AU to RU-1-13 under application number

25Z00011, located in District 5.

Result: APPROVED

Mover: Kim Adkinson

Seconder: Katie Delaney

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.7. Eduardo Bertot and Brett Bertot request a zoning classification change from

BU-1 and RU-2-10 to all RU-2-10. (25Z00012) (Tax Account 2301472) (District 1)

Chairman Feltner called for a public hearing on a request by Eduardo and Brett Bertot for a

change of zoning classification from BU-1 and RU-2-10 to all RU-2-10, application number

25Z00012, tax account number 2301472, located in District 1.

Trina Gilliam, Planning and Zoning Manager, stated Eduardo and Brett Bertot request a zoning

classification change from BU-1 and RU-2-10 to all RU-2-10 under application number

25Z00012, located in District 1.

Brett Bertot stated the property currently has two zonings on it, it has an existing tri-plex, and

he would like to change it to all RU-2-10.

There being no comments or objections, the Board approved the request by Eduardo and Brett

Bertot for a change of zoning classification from BU-1 and RU-2-10 to all RU-2-10 under

application number 25Z00012, located in District 1.

Result: APPROVED

Mover: Katie Delaney

Seconder: Kim Adkinson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.9. CTX Equities, Inc. (Custom Built Contracting) requests a Small-Scale

Comprehensive Plan Amendment (25S.09), to change the Future Lane Use

designation from NC and CC to all CC. (25SS00003) (Tax Account 2409571)

(District 1)

Chairman Feltner called for a public hearing on a request by CTX Equities, Inc. for a Small

Scale Comprehensive Plan Amendment, 25S.09, to change the Future Land Use designation

from NC and CC to all CC, application number 25SS00003, tax account number 2409571,

located in District 1.

Trina Gilliam, Planning and Zoning Manager, stated Items H.9., and H.10., are companion

Items and she will read them into the record together, but she advised they will need separate

approvals; CTX Equities, Inc., being represented by Custom Built Contracting, requests a Small

Scale Comprehensive Plan Amendment under 25S.09 to change the Future Land Use

designation from NC and CC to all CC under application 25SS00003, located in District 1; and

CTX Equities, Inc., requests a change of zoning classification from GU and BU-2 to all BU-2

under application number 25Z00013, located in District 1.

James Graham stated he is the representative of the builder.

Chad Turner stated he wants to rezone it from the General Use (GU) to the BU-2.

Commissioner Delaney stated she is curious about what the applicant’s plan to do there.

Mr. Turner replied they are planning to build a 12,000 square foot shop to work on semi-trailers;

and that is about it.

Commissioner Delaney stated she noticed there is a good amount of wetlands on there.

Mr. Graham advised it has all been surveyed and flagged out; and everything is going to be

outside of the wetlands.

There being no further comments or objections, the Board adopted Ordinance No. 25-09,

setting forth the ninth Small Scale Plan Amendment of 2025, 25S.09, 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), the Future Land Use Appendix; and

provisions which require amendment to maintain internal consistency with these amendments;

providing legal status; providing a severability clause; and providing an effective date; and

approved changing the Future Land Use Map designation from NC and CC to all CC.

Result: ADOPTED

Mover: Katie Delaney

Seconder: Kim Adkinson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.10. CTX Equities, Inc. requests a change of zoning classification from GU and BU-2

to all BU-2. (25Z00013) (Tax Account 2409571) (District 1)

Chairman Feltner called for a public hearing on a request by CTX Equities, Inc. for a change of

zoning classification from GU and BU-2 to all BU-2, application number 25Z00013, tax account

number 2409571, located in District 1.

There being no further comments or objections, the Board approved the request by CTX

Equities, Inc. to change the zoning classification from GU and BU-2 to all BU-2 under

application number 25Z00013, located in District 1.

Result: APPROVED

Mover: Katie Delaney

Seconder: Kim Adkinson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

H.12. Adoption of a Large-Scale Comprehensive Plan Amendment

(24LS00001/24-04ACSC) regarding the Brevard Barrier Island Area (BBIA) as a

new element to the Comprehensive Plan under the State Coordinated Review

Process.

Chairman Feltner called for a public hearing on the request for adoption of a Large Scale

Comprehensive Plan Amendment, 24LS00001, regarding the Brevard Barrier Island Area

(BBIA) as a New Element to the Comprehensive Plan under the State-coordinated review

process.

Trina Gilliam, Planning and Zoning Manager, stated this is a request for the adoption of a Large

Scale Comprehensive Plan Amendment under application number 24LS00001/24-04ACSC

regarding the BBIA as a new element to the Comprehensive Plan under the State-coordinated

review process.

Commissioner Goodson asked Billy Prasad, Planning and Development Director, to explain the

purpose of this.

Mr. Prasad explained the Brevard Barrier Island Protection Act was a law that was passed by

the Legislature; it creates an area of critical state concern in the South Beaches; this is one of

the steps that is required under that law and under the area of critical state concern process is

to implement it into the County’s Comprehensive Plan; and it effectively implements the guiding

principles contained in the Brevard Barrier Island Protection Act.

Commissioner Goodson asked if this is increasing density.

Mr. Prasad replied absolutely not, in fact, this reinforces existing Policies that prohibit

residential increases in the area.

Commissioner Goodson inquired if this is going to go back to the State for State approval.

Mr. Prasad responded by saying yes, if the Board were to adopt this it will go to the Florida

Commerce for review.

Commissioner Goodson thanked the Chairman and Mr. Prasad.

Sandra Sullivan stated this is the first area of critical concern in the State in 45 years, a

tremendous accomplishment; she has two small issues with it that she would like to see

corrected; there is some time, the County received an extension until September, to get this

done; the first one is that the level of service standard for evacuation is not explicitly stated and

the County’s intent to make it a variable does not meet the State Statute definition of a

standard to not exceed; that is the first she would like to see; that is the most critical for

evacuation because there is one way out; the bridge to the south floods pre-land fall when it is

a wet event; and there is 30 miles to drive to get out of there. She went on to say the second

issue has to do with the statement made by the Planning and Zoning Director when issue came

up at the Planning and Zoning Board about saying that the Future Land Use is a property right;

she has a copy, and it will provided to the Board once she is finished talking, where under

Brevard County 21-01 ECR, the staff report, this was a section on property rights, and the State

wrote back and said Department of Economic Opportunity (DEO) recommends that prior to

adoption the ordinance be revised to remove the reference to the amendment being applicable

to the Future Land Use element of the Comprehensive Plan and to clearly reference the

property rights element as its own standalone element; and staff had agreed that who indicated

that the original intent was to treat property right elements as a standalone element and agreed

to revise the draft ordinance prior to adoption; she thinks this is of importance because HB 180

passed this week, as the Board knows, and the County cannot go back after and revisit it and

make a comprehensive plan more restrictive; and she advised either this Board make the

change now or it will not be able to make the change in the future based on what she is reading

of HB 180.

Commissioner Goodson asked Morris Richardson, County Attorney, to explain to the Board in

reference to what it just heard about the HB bill.

Morris Richardson, County Attorney, stated he can only assume the reference is to SB 180

which did lock in the ability to make a Comprehensive Plan amendment or other land

development regulation that is more restrictive; however, that is already applicable, it was

retroactively applicable, therefore, it already applies; doing something now does not take the

County out from under that; there is an exception for the Areas of Critical State Concern

(ACSC) as long as it is processed through the State process that the County has gone through

with the transmittal receiving the comments back from Commerce and what it is doing now;

everything the Board is doing here is perfectly in accordance with SB 180; however, if the

County were to try to do something more restrictive than what is required of the ACSC

legislation, it would almost certainly be a foul of SB 180. He noted he would disagree with the

idea that the Board can start adding things now at this point that are not substantially consistent

with what was reviewed and approved with the transmittal.

Mary Sphar stated she is representing the Sierra Club Turtle Coast Group; the Sierra Club

totally supports adoption of the BBIA amendment, as is, tonight; this amendment is extremely

important for adequate protection of habitat and coastal resources; after the BBIA amendment

is accepted by Florida Commerce, work on the Land Development Regulations (LDRs) can

begin; however, there may be some improvements that would need a future Comp Plan

Amendment to provide the legal basis for corresponding ordinance provisions; and such future

amendments would be considered substantial changes at this time, so they cannot be part of

the amendments to hopefully be adopted this evening. She continued by saying the Sierra Club

believes that there is one particular substantial change that needs to be considered in the

future, hopefully in the next amendment cycle; what is needed is a policy for the BBIA outlying

a change of BBIA residential land use designations to BBIA commercial land use designations;

in other words, a change of intensity of land use, something mentioned multiple times during

the transmittal phase, they are just a little more specific and asking for no changes from

residential to commercial land use; this would prevent BBIA residential land use designations to

BBIA commercial to allow the building of hotels; and this possible future improvement would

also prevent changes of residential to commercial land use and zoning to allow a large

multi-family affordable housing project under the State’s Live Local Act and prevent changing

residential to commercial, getting Planned Unit Development (PUD) zoning and then taking

advantage of the fact a residential component of a PUD can have a density greater than the

original residential designation, pursuant to Policy FLU 2.11 of the Future Land Use Element.

She commented everyone knows this is very complicated and that is why the Sierra Club is

asking the Board to ask staff tonight it they think it is a reasonable idea to look very carefully at

such a possible future amendment; in other words, ask staff whether they would be okay with

taking a hard look at this kind of amendment and then afterwards decide whether or not they

would support it; in short, the Sierra Club would like to have staff put this idea on their radar for

future consideration; even if people think that certain kinds of unwise development cannot

happen in an environmentally sensitive area, it never hurts to head off such a possibility in the

first place; she has seen a lot of unexpected changes over the past 55 years in Brevard

County; and in conclusion, the Sierra Club is asking the Board to adopt the BBIA amendment

now and to also ask staff to consider a carefully worded policy prohibiting this specific intensity

change in the next Comp Plan update.

Dr. Laura Wilson stated she is the Executive Director of Marine Resources Council, an

environmental nonprofit dedicated to protecting and restoring the Indian River Lagoon (IRL);

she wants to echo and support comments made previously by both the Sierra Club and Sea

Turtle Conservancy regarding this Item; she supports the recommendation of low impact

development practices and the attention given to living shorelines within the revisions of the

BBIA, particularly in Policies BBIA 5.6 through 5.9; and she encourages the Board to adopt the

amendment, especially in light of future development and redevelopment, the application of LID

to redevelopment, specifically, has not been widely highlighted in land development codes or

ordinances across the County and beyond. She mentioned LID, green infrastructure, and

nature-based solutions all strive to do the same thing of mitigating water where it falls, rather

than having it run off and become a problem somewhere else for someone else to deal with;

these techniques can help mitigate the effects of storms and flooding; they help municipalities

reach their BMAP targets while also minimizing pollution within the waterways; while there are

larger issues that can be addressed with the next Comp Plan as just mentioned, the current

amendment is a good step towards growing a healthier Brevard through cleaner water within its

waterways; and she thanked the Board.

Dolores Conway expressed her appreciation to the Board and staff for all the hard work put into

this amendment. She inquired on Policy BBIA 1.4., the objectives for BBIA two through 11 are

written down, but 12 was left out, and she would like to know if BBIA 12 could be added at the

end of that.

Mr. Prasad asked if the Board would like him to answer that.

Commissioner Goodson responded affirmatively.

Mr. Prasad stated he thinks the reason BBIA two through 11 are specifically mentioned in 1.4 is

those were expressed based on the guiding principles in the law; BBIA 12 was a result of the

outreach meeting staff had and it was very clear that people were concerned about density;

staff tried to address that in the element by adding a different objective, however, there is not a

specific guiding principle that it is tied to; and that is why it is not in there.

Commissioner Adkinson stated she has not been involved with this from the very beginning, but

certainly from the middle, and to all the people out there who have worked to make this what it

is, she thanks them; as she has discussed with staff, it is not done, it needs to be transmitted

and there needs to be a relook at some of the things, the unintended consequences; it is not

the end; she has total support from staff and their willingness to sit down and relook at some of

the stuff once this is done; and if there is no other discussion, she will make the motion to

approve.

Mr. Prasad stated he has a suggestion from the consultant to include in the motion the

authority to make corrections to scrivener errors and the like before sending it to the State.

Commissioner Adkinson amended her motion to include that verbiage.

There being no further comments or objections, the Board adopted Ordinance No. 25-10,

amending Chapter 62, Article III, of the Code of Ordinances of Brevard County, Florida entitled,

“Comprehensive Plan”, setting forth amendments necessary to implement Section 380.0553,

Florida Statutes, the Brevard Barrier Island Protection Act; specifically amending Section

62-501 entitled, “Contents” to adopt goals, objectives, and policies for the Brevard Barrier

Island Area as Part XVI to the Comprehensive Plan; providing legal status; providing for

inclusion in the Code; providing a severability clause; and providing an effective date; and

granted authority for staff to make corrections to scrivener errors and the like before sending it

to the State.

Result: ADOPTED

Mover: Kim Adkinson

Seconder: Tom Goodson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

Adoption of the Evaluation and Appraisal Review (EAR) based amendments to

the Comprehensive Plan (24LS00002/24-03ER) under the State Coordinated

Review Process established by Section 163.3184, Florida Statutes.

Chairman Feltner called for a public hearing on a request to adopt the Evaluation and Appraisal

Review (EAR) based amendments to the Comprehensive Plan, 24LS00002/24-03ER, under

the State-coordinated review process established by Section 163.3184, Florida Statutes.

Trina Gilliam, Planning and Zoning Manager, stated this is a request for adoption of the EAR

based amendments to the Comprehensive Plan under application number

24LS00002/24-03ER, under the State-coordinated review process established by Section

163.3184, Florida Statutes.

Commissioner Delaney inquired if there is anything in there that is different from the Planning

and Zoning meeting.

Billy Prasad, Planning and Development Director, asked Commissioner Delaney to repeat that.

Commissioner Delaney again asked if there was anything different in there than what was

approved at the Planning and Zoning meeting.

Mr. Prasad stated there was a change to reference the capital improvement element for the

potable water and some scrivener error changes.

Commissioner Delaney commented that none of those were considered substantial changes or

anything like that.

Mr. Prasad replied no, there was nothing of substance that changed at all.

Sandra Sullivan stated the biggest concern of the Comp Plan changes is what the impact will

be to insurance; as people saw with just a little bit of rain the last couple of days, there was

flooding; she inquired about what the impact of these changes are going to mean to increasing

flooding from taking away the limitation of density on the flood plain and increasing density on

the Barrier Island by two and three-fold; she advised in front of the Board is a local mitigation

strategy map and the two big flood areas are zone A and AE; as everyone can see, Brevard

has a lot of yellow and red particularly up in District 1 and District 3, they have the most impact

of wetlands, yellow and red are flood areas; when one develops on the wetlands and they are

filled in, the water has got to go somewhere and there is flooding, as shown in the simple

diagram; and here is an article that she has provided the Board that talks about how four

Florida counties rank in the top 10, most at risk for flooding in 2024. She went on to say

Brevard is listed as 10th in the nation for flooding and fourth in Florida; yet, in the Comp Plan

changes, the Board is removing the density limitation on the river and flood plain; in her

community on a barrier island, just with a rain event, not even a hurricane, there is quite a bit of

flooding; what that means in the hurricane evacuation plans is people cannot get out on State

Road (SR) 513 and have to take A1A, and it backs it up; and of course, there is the issue of

storm surge, nine-plus feet in her area and 13 in Merritt Island. She noted by State Statute the

Board is supposed to protect human life; these changes of doubling and tripling the density on

the Barrier Island and removing the density limitation on the flood plain, it has not done any

studies to what the potential impacts are and what this would cost the County, even from a

fiscal perspective, but the potential loss of life, mass casualty event that will be created is an

additional liability concern for the County, or should be; part of her concern is previously the

County was mandated by the State and the County said that it capped the residential densities

for the unincorporated areas and northern and coastal Barrier Island at existing areas; that was

in 2000, and the letter was written in 2001; and from what she sees in the Comp Plan, history is

being rewritten to where it is not factual and it is being said that the right sizing study was

actually to maximize density and in fact, it reduced RES 30 in the Future Land Use Map

(FLUM) down to RES 15. She commented she does not understand how in good conscience

any of the Board can increase the density in Merritt Island, Merritt Island Redevelopment

Agency (MIRA), to RES 50 with bonus density from RES 15, and to RES 37.5 in the rest of the

Barrier Island, except for the BBIA and putting everyone’s life at risk; she inquired how the

Board is going to fund widening causeways, she does not know; she commented people’s lives

matter and the Comp Plan needs to be changed; the sad reality is after today the Board takes a

vote to transmit this; with SB 180, this Board cannot make the Comp Plan more restrictive from

what she is reading; do not ‘Broward’ Brevard, do not high rise it because what it is going to

look like at RES 50 is over 200 foot high rises, and that looks like South Florida; what is being

done in her area, that is going to be 160 feet; people’s lives matter; and it is pretty disgusting

what this Board is doing. She added God forbid insurance and what it is going to mean to

people; the first place dropped is the barrier island; and she asked will any of those people

even be able to get insurance.

Ruth Amato stated she is a resident of Mims; she is in attendance tonight as a member of a

farming family from 125 years on the same location in Mims; talk about change, she can talk

about 125 years of it; displaying a photo on her phone, she explained her family farms that

land; they used to grow orange trees out there; they cannot grow orange trees out there, they

will be under water; and she begs this Board to please not increase the density on the flood

plain, her area cannot take the stormwater any longer, they will not make it. She continued by

saying the St. John’s River narrows on the other side of Lake Harney with extremely high bluffs;

it does not matter how much stormwater is pumped into that river, when it hits the north side of

Lake Harney, it is only going to flow out at a certain speed, and that cannot be sped up; it

becomes a bottleneck and then it starts expanding its flood plain all over her land as the photo

shows; the Board sits up there today and it holds people’s lives in its hand, the people who feed

them; and she reiterated to please not do it.

Mary Sphar, representing Sierra Club Turtle Coast Group, stated the Sierra Club would ask the

Board to adopt the EAR-based amendments as part of a periodic process to update the

Comprehensive Plan amendment language; they were hoping for more changes to strengthen

some of the coastal management element Policies, especially a few dealing with flood-prone

areas and one dealing with the coastal setback line, unfortunately, time has run out; but, there

is a next time and they hope the Board will ask staff to consider strengthening these coastal

management Policies with a Comp Plan amendment in the future. She went on to say coastal

management element Policies originally formed the basis of the BBIA amendments for flood

prone areas and for the coastal setback line; in other words, some coastal management

element Policies were the original starting point for corresponding BBIA Policies; what

happened was that Florida Commerce flagged some weak language in the BBIA transmittal, in

November, in their Objections, Recommendations, and Comments (ORC) Report; the State did

not like some of the ‘shoulds’ instead of ‘shalls’ and it did not like the fact that there was no

specific timeline for reevaluating the effectiveness of the coastal setback line; to address the

State’s concern, staff fixed up the weak language in the BBIA and they really did an excellent

job; but, the State overlooked this exact same problem in the coastal management element,

therefore, staff has not yet fixed key coastal management Policies. She stated the Sierra Club

wants the problematic Policies in the coastal management element to be reasonably consistent

with the excellent new BBIA flood and coastal setback line Policies, maybe not quite as strong

as BBIA Policies, but at least a bit more consistent; and please note that Florida Statute

Chapter 163.31772 states, “Coordination of the several elements of the local Comprehensive

Plan shall be a major objective of the planning process. The several elements of the

Comprehensive Plan shall be consistent.”; to sum this all up, the Sierra Club is hoping the

Board will ask staff to consider in a future comp plan cycle, stronger coastal management

element language for flooding and for evaluation for coastal setback line; they support adopting

the EAR amendment now; and they would like the Board to ask staff to put stronger coastal

management Policies on their to-do list for the future.

Thea Beth Thorne stated she lives in Quail Haven in Mims; who she is not important but her

message is; ‘we the people’ which she is sure the Board knows is the first three words to the

United States Constitution, a very important phrase; 'we the people' say no to a change to the

Comprehensive Plan; the flooding that occurred in Mims on Tuesday was epic; there was water

that intruded into people’s houses; her land itself, she is built up high and has no issues except

for the periphery and the water she had in her periphery, was up to her knees; that is usually

hurricane water; people have never seen that amount of water in a short amount of time so it is

very unusual, something needs to be done with the drainage; the Board is changing the density

and want to go on the flood plain; and she asked what that is going to do to the flooding that

they already have now. She commented that needs to be fixed before the Board even thinks

about going forward; to her, it is unacceptable and pure negligence to ‘we the people’; she read

something from Thomas Payne, a great patriot, “A Constitution is not the act of a government,

but of a people constituting a government, and government without a constitution is power

without a right. All power exercised over a nation must have some beginning. It must be either

delegated or assumed. There are not other sources, all delegated power is trust, and all

assumed power is usurpation. Time does not alter the nature and the quality of either.” She

continued by saying the founders were not all Christians, but they all had a respect and a

reverence to the Bible and that is why they put many of the principles of the Bible in the United

States Constitution; she continued reading, “a group of Godless people cannot make it work”;

and she commented she hopes that each of the Board Members can find it in their hearts,

souls, and minds to be people of character, though that seems to be few and far between

today; and she asked if the Board will be a good leader or a bad leader, the choice is up to it.

Commissioner Delaney stated, like Commissioner Adkinson had mentioned when she was

speaking on the BBIA, they, unfortunately, did not get to be part of the entire process with this;

she had a two-hour briefing in preparation for this meeting because she really does have a lot

of concerns; with that being said, her main concern is the flood plain areas objective Con 4; she

has contacted Florida Commerce and the St. Johns River Water Management District

(SJRWMD) to talk with them about what substantial changes means; both of those entities

were clear when they said language that was already in the Comp Plan, but has been struck,

and the County changing its mind and placing it back in there would not be considered a

substantial change, and there would not be any issues with that; what she is requesting is that

on Policy Con 4.1 A1 that the Board keep that language in there for the residential density, B.1

keep that language in there for the residential density, and C.2. that it be kept in there for the

residential density; and the reason she is requesting this is because her community, like some

of the speakers had mentioned, is very unique, not just in land and the type of land in North

Brevard, but also the culture in North Brevard is very different from the rest of the County. She

mentioned North Brevard has people who feed themselves by what they can grow on their own

land, what cattle they can raise, their chickens, and so on and so forth; that land is

unfortunately being destroyed; she is extremely concerned that if they get rid of the density

restrictions, people are going to lose everything; and she would make that one request and be

comfortable moving forward with this.

Commissioner Goodson stated back to density now; and he asked if the Board is raising the

density by doing this.

Mr. Prasad replied no, this Policy is a little different; Darcie McGee, Environmental Policy and

Resilience Admin, is there to speak more specifically, but the idea behind the changes staff has

proposed is to go performance-based, to follow the best available data; this is density beyond

what is in the typical Future Land Use Map (FLUM) and things like that; these are additional

restrictions; rather than go the route by having a specific language like before, for example, the

residential density shall be limited to no more than two dwellings per acre for example, it follows

the data instead, and it may be harder to do a particular development without doing

compensatory storage or things like that, or it may be easier depending on the facts on the

ground; and his understanding is that is the purpose of that amendment.

Commissioner Delaney stated the areas she is talking about is not so much the areas inside

the cities, for instance in Rockledge or some other areas, he main concern is for the areas west

of I-95 on the outskirts of the community; and she just wanted to put that out there.

Mr. Prasad stated he has a correction to an answer he provided to Commissioner Delaney

earlier, there was an additional Policy that was changed; it was based on a discussion about

commercial mining; and that was backed out, now the definition is, as previously stated, which

is mining.

Commissioner Delaney made a motion to approve with getting rid of the strikeouts on Policy

Con 4.1, A.1, B.1, and C.2.

Motion fails for lack of a second.

Commissioner Delaney asked for her slides to be brought up on the screen. She stated she put

this together just to show the Board what North Brevard is dealing with; this is what people deal

with on a pretty regular basis in North Brevard; this is 10 inches of water; this is not a normal

issue; if people build on the flood plain in Mims and Scottsmoor, people are going to lose their

homes and it is going to become the next Volusia and Edgewater, who are purchasing people’s

homes because they are being flooded out; this is not normal; and she is pleading with the

Board to please consider this. She went on to say this is somebody’s farm; cattle cannot be in

that situation, nor can horses be in that situation, they will get hoof-rot and have to be put

down; she knows of a constituent where they literally had to rescue their chickens because they

were on top of their coop because there were feet of water; she is not being dramatic here, the

pictures are right there and are from this week; and if people start developing the flood plain in

North Brevard this is going to radically affect people’s lives. She commented this cannot be

undone with the language that came from the State, once the Board does this, it cannot undo

it.

Commissioner Delaney made a motion to table the Item. She explained there is time, until

September, and she would like to make that motion.

Chairman Feltner asked staff what that does for what they need to send to the State.

Mr. Prasad commented staff does have until September 22 to adopt, there was a previous

extension.

Tad Calkins, Assistant County Manager, noted his understanding in tabling this Item, it would

also cause the BBIA to be tabled and it’s transmittal to the State because they both have to go

together as one legislative package.

Chairman Feltner asked if there is a reason the BBIA has got to go in the next two weeks, or

what is the time limit on that.

Mr. Prasad stated it has the same time limit; and the impact on that would simply be the

implementing regulations would be pushed back as well.

Chairman Feltner stated just to be clear, the Board voted on that and whether it is sent in two

weeks or 30 days, it was passed.

Morris Richardson, County Attorney, advised it just would not have to come back to the Board,

and it would not be transmitted now.

Chairman Feltner commented it does not go in the mail tomorrow; and he asked if that is the

short of it and if that changes Commissioner Adkinson’s second on the motion.

Commissioner Adkinson responded by saying no.

Attorney Richardson inquired after the Board has voted on adoption how long does the County

have to transmit it to the State; and he stated he knows the County has until September 11, but

now that they have acted on it, there is fuse running.

The consultant stated the County just approved the Area of Critical State Concern (ACSC) only

has 10 days to send it to the State.

Attorney Richardson explained the Board would not have to hear it again, but it does have to be

sent within 10 days of the adoption, the BBIA, because it has to accompany the EAR that

means the Board has to act on the EAR.

Chairman Feltner asked if staff cannot send one without the other.

Mr. Prasad stated staff was expressly told by the Chief that they are needed together.

Commissioner Adkinson advised she has to withdraw her second.

Commissioner Delaney asked to go into a little more discussion; she noted the changes she is

requesting with removing the strikeouts, it affects very little areas; it does not mean that the

Board cannot change it or tweak, and she is open and willing to do that once this is passed;

she does not want to hold up the BBIA, it is extremely important; she just really feels like the

whole story was not really looked at when the changes were made; and just like Mr. Prasad

has stated multiple times, the Board can make changes in the future and she is open and

willing to work together as a Board to do that. She mentioned one of the issues that was talked

about during her briefing was there was a property on Pluckebaum and they could not build

because it was in the County and restrictions so they annexed; this change was to help solve

the problem of properties annexing into cities, or being required to annex into cities, if they want

to develop; there are very few circumstances where that happens because of the flood plain

issue; and the damage it would do to her community if the Board gets rid of this, she personally

feels would outweigh those few circumstances.

Commissioner Adkinson stated Commissioner Delaney mentioned that her concern is that once

this is transmitted as it is, that it cannot be changed later, that her concerns cannot be

addressed; and she asked staff to speak to that.

Mr. Prasad stated, unfortunately, and he would defer to Attorney Richardson, but there is truth

to that because of the SB 180 regulation; he thinks once this language is taken out, to put it

back in would probably be considered a more restrictive regulation, even though that may not

be the intent; but it would be hard to argue anything else.

Commissioner Adkinson commented she thought SB 180 was retroactive, anyway.

Attorney Richardson advised SB 180 is in effect right now; the County cannot do something

that is more restrictive unless an exception applies, like the ACSC that allowed staff to do what

it did with the BBIA; this one is an odd gray one because they are not saying, for example, in

some areas there is a residential density cap in the existing Comp Plan of two units per acre;

by replacing that with a performance standard, it is not saying it is increasing now to 10 units

per acre; it is hard to say absolutely that one is more restrictive or less restrictive because it

comes down to an application of the specifics of an individual property; but, generally speaking,

yes if it moves away from those hard caps that are currently in the Code that are just uniform, it

is no more than X units per acre and once it moves away from those SB 180 it is probably very

difficult to re-implement exactly that. He added with that said, the performance standard as

applied could end up being more restrictive in some cases, on would have to look at particular

facts of the area it is being applied to.

Commissioner Delaney advised she has more pictures where she could show waterlines in

some of the areas that Ms. Amato was talking about where they are 10 to 14 feet high on palm

trees.

Chairman Feltner asked what is the pleasure of the Board.

Commissioner Delaney asked if she could make her same motion.

Chairman Feltner advised Commissioner Adkinson withdrew her second on that, she can make

the motion and see if she can get a second on that.

Commissioner Delaney made a motion to pass the Comp Plan with the changes to Objective

Con 4, policy 4.1, A.1, B.1. and C.2.

Motion dies for lack of a second.

Chairman Feltner asked if there was an alternative motion; does the Board want to table it to

July 22: and would that still leave time to send the BBIA.

Attorney Richardson stated it could if it continues the open public hearing now to July 22; this

was advertised properly so as long as it is done here he does not think it needs to be renoticed;

he thinks that same reasoning is applicable under 163.184; and he is looking for the consultant

to tell him if that is wrong. He added staff has 10 working days; and the Board can continue this

hearing on the adoption of the EAR to the meeting on July 22.

Commissioner Delaney stated she will make that motion to continue to July 22, 2025.

Commissioner Adkinson seconded the motion.

The Board approved continuing the public hearing to adopt the EAR based amendments to the

Comprehensive Plan under the State-coordinated review process established by the Section

163.3184, Florida Statutes.

Result: CONTINUED

Mover: Katie Delaney

Seconder: Kim Adkinson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

Mr. Prasad asked the Chairman to provide staff a few minutes to consider some legal issues

involved.

Attorney Richardson commented this was unanticipated and the meeting is a 9:00 a.m.

meeting which may be a problem because there are certain hearing requirements and this may

be one that has to be held after 5:00 p.m.; even though it was commenced at 5:00 p.m. tonight,

he does not think it can continue it to another meeting that does not also start at 5:00 p.m.; and

he asked for a few minutes for the consultant to get that.

*The Board recessed at 6:41 p.m. and reconvened at 6:45 p.m.

Chairman Feltner stated just to continue this discussion he thinks the Board needs a motion to

bring it back up.

Commissioner Delaney made the motion to bring the Item back up.

Commissioner Adkinson asked if this Item can be moved to the next meeting or not.

Attorney Richardson stated because certain meetings have to be held at a meeting after 5:00

p.m., but in this case it is okay; the Board has already had one 5:00 p.m. meeting on the

transmittal; there is not a specific requirement in this Statute requiring this to be done at night;

off the top of his head he was not sure of that so he wanted to verify and not get the Board in a

situation where it could not do that at 9:00 a.m.; and with that said, there may be a potential

motion to resolve this tonight if the Board is interested in taking it off the table and giving that

an effort, but it is the Board’s pleasure.

Commissioner Delaney noted she would be willing to amend her motion to continue with this

change excluding west of I-95, SR 520 north, if she could get support by the Board.

Attorney Richardson stated he thinks staff would be agreeable to that, but for the Board to even

discuss that it would have to agree to take the Item off the table; and there is a motion to do

that but no second at this time.

The Board approved removing the tabling of the Item to continue discussion.

Result: APPROVED

Mover: Katie Delaney

Seconder: Kim Adkinson

Ayes: Delaney, Goodson, Adkinson, and Feltner

Absent: Altman

Chairman Feltner advised the Board is back on the Item; and Commissioner Delaney was just

speaking to an alternative motion.

Commissioner Delaney stated she would make a motion to pass this to exclude west of I-95,

and SR 520 north for Policy Con 4.1, A.1, B.1, and C.2.

Commissioner Goodson asked Mr. Prasad to tell him, with that motion, how would it affect

people west of there, north of here, and those to the right.

Mr. Prasad advised the other changes that are being made to the Policies would still be in

effect, but in addition to that, the existing language expressly limiting density in the 100-year,

25-year, and 10-year riverline flood plain will also still be in effect in the specific area.

Commissioner Goodson stated west of I-95 would not be affected, and he asked if that would

be correct.

Commissioner Delaney asked if he means east of I-95.

Commissioner Goodson repeated west of I-95 would not be affected by that motion; and he

asked if that is correct.

Commissioner Delaney explained west of I-95, SR 520 north would keep these restrictions.

Commissioner Goodson asked if Commissioner Delaney is familiar with Tucker Lane and

Pluckebaum.

Commissioner Delaney responded affirmatively.

Commissioner Goodson mentioned that parcel annexed into Rockledge.

Commissioner Delaney stated that is correct.

Commissioner Goodson continued by saying that would be a Rockledge issue not a County

issue; he thinks this thing needs to be studied a little more and staff needs to come back

because it is affecting a lot of people that might have owned land for 100 years that might want

to develop it, even though they might have to mitigate it or do whatever; and he asked if that is

fair to the constituents and the County. He added he would like to see this on a map so he

knows what he is voting on, but she has a motion with a second; and he hears her, but he

cannot vote for this.

Commissioner Delaney stated with all due respect, these are her constituents.

Commissioner Goodson stated the Commissioners all have constituents; he understands that;

she was talking Mims and now she is down into Cocoa; therefore, he would want to see it on a

map so he knows what he is voting for.

The Board adopted Ordinance No. 25-11, amending Chapter 62, Artcile III of the Code of

Ordinances of Brevard County, Florida, entitled “Comprehensive Plan”, setting forth

amendments necessary to implement the 2023 evaluation and appraisal review; amending

Section 62-501, entitled “Contents”; specifically amending Section 62-501, Part I, entitled

“Conservation Element”, to adopt new policies and revise previously adopted goals, objectives,

and policies and update required and optional maps; specifically amending Section 62-501,

Part II, Entitled “Surface Water Management Element”; to revise previously adopted objectives

and policies; specifically amending 62-501, Part III, entitled “Recreation and Open Space

Element”, to adopt new objectives and policies and to revise previously adopted goals,

objectives and policies; specifically amending Section 62-501, Part V, entitled “Housing

Element”, to adopt new goals, objectives and policies and revise previously adopted objectives

and policies; specifically amending Section 62-501, Part VI, entitled “Potable Water Element”,

to adopt new policies, revise previously adopted policies and update required and optional

maps; specifically amending Section 62-501, Part VII, entitled “Sanitary Sewer Element”, to

adopt new objectives and policies, revise previously adopted goals, objectives, and policies and

include optional maps, specifically amending Section 62-501, Part VIII entitled “Solid Waste

and Hazardous Materials Element” to revise previously adopted goals, objectives and policies;

specifically amending Section 62-501, Part IX, entitled “Transportation Element”, to adopt new

goals, objectives and policies, revise previously adopted objectives and policies and include

required maps; specifically amending Section 62-501, Part X, entitled “Coastal Management

Element”, to adopt new policies, revise previously adopted policies and update required maps;

specifically amending Section 62-501, Part XI, entitled “Future Land Use Element”, to adopt

new policies and update required maps; specifically amending Section 62-501, Part XII, entitled

“Intergovernmental Coordination Element”, to adopt new policies and revise previously adopted

objectives and policies; specifically amending Section 62-501, Part XIII, entitled “Capital

Improvements Element”, to adopt new policies, revise previously adopted objectives and

policies, and update the capital improvements schedule; specifically amending Section 62-501,

Part XIV, entitled “Public School Facilities Element”, to revise previously adopted goals,

objectives and policies; specifically amending Section 62-501, Part XVI, entitled “Glossary”, to

renumber the “Glossary from Part XVI to Part XVII and to add new definitions therein;

specifically amending Section 62-501, Part XVI, to establish the goals, objectives and policies

of the “Brevard Barrier Island Area Element” as Part XVI; specifically amending the Future

Land Use Map series to establish Future Land Use Map designations as directed by Chapter

2019-176, Laws of Florida, and Brevard County Resolution No. 2021-168; providing legal

status; providing for inclusion in the Code; providing a severability clause; and providing an

effective date.

Result: ADOPTED

Mover: Katie Delaney

Seconder: Kim Adkinson

Ayes: Delaney, Adkinson, and Feltner

Nay: Goodson

Absent: Altman

PUBLIC COMMENTS (Individuals may not speak under both the first and second

public comment sections.)

Sandra Sullivan stated when a hurricane hits, and it will, and there is mass casualty, she hopes

there is a class-action suit for what this Board did today; doubling and tripling the density on the

Barrier Island and misrepresenting in this Comprehensive Plan, changing history, and it is

documented in black and white; she did a records request for the documents for the 2000B and

they told her no records found; she sent them the document; it is pretty clear, there are enough

letters that she read here, giving the Board copies of it, that the intention was to cap the Barrier

Island; that was the mandate from the State, but it is okay to highrise the Barrier Island when

people will not be able to get off, it is okay apparently to change the level of service standard, a

standard to not exceed as written in State Statute, a standard to not exceed for evacuation; and

she had a letter from the Florida Department of Commerce that said the County cannot put Live

Local on the Barrier Island if that number is exceeded. She continued by saying it is interesting,

now, the County has a level of service that is a variable that can never be exceeded because it

is based on whatever the data is that is updated every two years by the Eastern Central

Regional Planning Council; people’s lives do not matter, the deaths on the Barrier Island do not

matter, when hundreds of people or more die; the Board has not even done due diligence to

know what this is going to cost Brevard County; what it is going to cost when it adds all that

density and height on the Barrier Island; what it is going to cost for new causeways and all that;

it is not in planning; somebody said something here that is in planning; there is State Road

(SR) 528 is in planning, SR 520 was just added this year in planning; it has SR 528, not SR

520, and Pineda that is in planning now; and she was shocked on Pineda because the three

causeways, that is the least of the capacity. She noted SR 520 is over 100 percent capacity; it

has resiliency issues; the issue is the Barrier Island; the issue is when there is a wet storm

event, a hurricane, and it rains pre-landfall, which it does, not every hurricane, people cannot

get off the Barrier Islands; she showed the flooding that the County’s own study shows; the

County has not done a fiscal analysis; this Board is going to put a lot more density on the flood

plain and change the flood plain; the Board has not done the studies to know the impacts; the

people do not matter because it is clear it is all about the money and the special interests; and

this Board has spoken volumes tonight that the people do not matter.

Adjourn

Upon consensus of the Board, the meeting adjourned at 6:55 p.m.

ATTEST:

________________________

RACHEL M. SADOFF, CLERK

_________________________________

ROB FELTNER, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA