TOWN OF GRANT-VALKARIA, FLORIDA ZONING BOARD OF APPEALS AND TOWN COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JUNE 13, 2018 COUNCIL CHAMBER, 1449 VALKARIA ROAD, GRANT VALKARIA, FL 32950 The Zoning Board of Appeals meeting of was called to order at 7:00 p.m. by Mayor Yonts, followed by the Pledge of Allegiance and roll call with the following present: Mayor - Del Yonts Seat No. 2 Lisette Kolar Seat No. 3 Dan Faden Seat No. 5 Pat Bryan Seat No. 6 Dan Robino Town Administrator Richard Hood Town Clerk Rebekah Raddon Assistant to Town Admin. Jason Mahaney Building Division Manager Alex Juan Excusing Council Member Demott and Vice Mayor Sammon Motions by Council Member Robino, second by Council Member Faden, and vote unanimous to excuse Council Member DeMott and Vice Mayor Sammon who are unable to attend due to a prior commitment. Motion passed 5-0. Presentation Carole Kruszeski presented her idea for starting a welcoming committee; it was Council s consensus to support her idea. Ms. Kruszeski feels it will increase volunteerism in the Town and encourage residents to participate in Town events. The welcome basket could have flyers with activities, clubs, coupons, cookies, etc. Council Member Bryan pointed out that the Grant Community Club (GCC) needs new members and he hopes young people will join. The GCC meets the second Monday each month at the Community Center. Town Administrator Hood said staff could provide a list of new homes in Town; Mayor Yonts asked if FPL might be able to provide a list of new customers for those who move into existing homes. A poster could be set up in Town Hall and the website could be utilized to let new residents know about the welcome basket. Public hearing for Ordinance No. 2018-06 / Rezoning Z-2018-01 AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA, BREVARD COUNTY, FLORIDA; REZONING PROPERTY AS FOLLOWS: PARCEL ID 29-38-34-25-6-9, AND MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE; FROM BREVARD COUNTY BU-2 (RETAIL, WAREHOUSING, AND WHOLESALE COMMERICAL) TO BREVARD COUNTY RU-2-10 (MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL); PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING AN EFFECTIVE DATE. (REZONING NO. Z-2018-01). Applicant: Charles T. Thompson, Sr Property Owner: Charles T. Thompson, Sr Property Described as Follows: Parcel ID 29-38-34-25-6-9 Located at: 6071, 6073, 6075 Alexander Lane, Grant-Valkaria, FL 32949 Existing Zoning Classification: BU-2 (Retail, Warehousing, and Wholesale Commercial) Proposed Zoning Classification: RU-2-10 (Multi-Family Medium Density Residential) Size of Specific Area Covered By Application: 0.69 acres, more or less Reason for Request: Owner would like the existing structure to be legal
Mayor Yonts read the Ordinance title and gave the advertisement dates: May 17, 2018 in Florida Today and individual notices were mailed May 14, 2018. Mr. Hood explained that the property was recently sold and the new owner has authorized Mr. Thompson to represent her in the hearings. Mr. Hood summarized his memo to Council. This rezoning would allow the current nonconforming structure, a triplex, to be rebuilt if it were to be destroyed in a fire or hurricane. Under the proposed RU -2-10 zoning, the Town s Comprehensive Plan limits the structure to three units due to the size of the parcel which is less than one acre. A nearby parcel, 501, is zoned RU-2-10. Multi-Family Residential zoning is commonly found next to BU-2 commercial zoning. Staff has no objections to this rezoning. Charles Thompson, the applicant, spoke. He stated he just wants to make the current structure legal. Mayor Yonts asked about the septic system; Mr. Thompson replied that he recently installed a new large septic tank per Brevard County s specifications. Motions by Council Member Robino, second by Council Member Kolar, and vote unanimous to approve Ordinance 2018-06. Motion passed 5-0. Mayor Yonts noted the second and final reading will be on July 11, 2018. Trails And Greenways Committee Report Committee Chair Janet Metz gave her report. Motions by Council Member Kolar, second by Council Member Robino, and vote unanimous to appoint Trails and Greenways Committee Member Don Kinney as the Town s alternate representative for the Space Coast Bicycle Pedestrian and Trails Advisory Committee (BPTAC). Motion passed 5-0. Mr. Hood mentioned he is still waiting to hear from the DEP regarding the fence/pipe swap. Chair Metz stated the Native Plant Identification walk was rescheduled to June 24. Consent Agenda Motions by Council Member Bryan, second by Council Member Faden, and vote unanimous to approve the May 9, 2018 Town Council Meeting minutes. Motion passed 5-0. Public Comments None. NEW BUSINESS 1) Access by Easement Kries Mr. Hood said he received a request for permission to access a parcel of land by easement. The owners, Warren and Lorraine Kries, have a 5.51 acre parcel that they wish to split into two lots. Parcel A will be 2.5 acres and Parcel B will be 3.01 acres. Each parcel would meet all zoning codes. The requested access by easement meets the ordinance requirements where the parent parcel, parcel A, is required to be 2.5 acres. Staff has no adverse comments regarding this request. Mr. Kries said he would like to have the option to sell one of the parcels. Motions by Council Member Kolar, second by Council Member Faden, and vote unanimous to approve the request for access by easement at 7196 Orchid Tree Drive. Motion passed 5-0. Page 2 of 6
2) First Reading: Ordinance No. 2018-07 AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA, BREVARD COUNTY, FLORIDA; ADOPTING AN ADMINISTRATION CODE; CREATING A TOWN BUILDING DEPARTMENT; ADOPTING SPECIFIED STANDARD CODES; PROVIDING FOR SEVERABILITY, REPEAL, CONFLICTS AND AN EFFECTIVE DATE. Mayor Yonts read the ordinance title. Mr. Mahaney explained we will need to update the ordinance every three years to comply with the Florida Building Code. Thirty days after the second reading, we will open the building department and take over all permitting duties. We will adopt a fee schedule by resolution. Brevard County will finalize and complete any permits they issue. Mr. Mahaney said he is a licensed building official, and Mr. Juan is licensed to do inspections and plan review for all trades. All Town salaries currently are paid for out of General Funds, but the building department will generate funds that will eventually be utilized to help pay for building department expenses and building department salaries. There was a question about land clearing; Mr. Hood explained that we adopted the 2006 Brevard County Code for land clearing and landscaping. On parcels that are one acre or less, the code allows the entire lot to be clear cut. Motions by Council Member Robino, second by Council Member Bryan, and vote unanimous to approve Ordinance No. 2018-07. Motion passed 5-0. 3) First Reading: Ordinance No. 2018-05 AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE TOWN; AMENDING SECTION 62-1540 INDUSTRIAL USES PERMITTED WITH CONDITIONS AND CONDITIONAL USES BY REMOVING REFERENCES TO MEDICAL MARIJUANA AS A CONDITIONAL USE IN IU AND IU-1 ZONING DISTRICTS; AMENDING SECTION 62-1543 (IU INDUSTRIAL LIGHT); PROVIDING FOR THE REMOVAL OF MEDICAL MARIJUANA FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 62-1544 (IU-1 INDUSTRIAL HEAVY); PROVIDING FOR THE REMOVAL OF MEDICAL MARIJUANA FACILITIES AS A CONDITIONAL USE; AMENDING DIVISION 5, SUBDIVISION III, CONDITIONAL USES OF CHAPTER 62 BY AMENDING SECTION 62-1937.5 CREATING PROVISIONS RELATING TO MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROVIDING THAT MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES SHALL BE TREATED THE SAME AS PHARMACIES WITH RESPECT TO PERMITTING AND LOCATION REQUIREMENTS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Mayor Yonts read the ordinance title, and explained that this ordinance is necessary because under our current code the Town restricts medical marijuana dispensaries to certain locations which conflicts with the latest rules from the state legislature. The Town has two options: 1. Prohibit medical marijuana dispensaries in Town or, 2. Allow them and treat them the same as pharmacies with regard to permitting and location requirements. The Local Planning Agency voted to not approve this ordinance at their meeting on June 4, 2018 because they felt that since the Town is so small it is not necessary to allow them since we don t even have a pharmacy. Page 3 of 6
The Council s consensus was to allow them since the majority of voters in the Town approved the amendment on the 2016 ballot that allows medical marijuana. After some discussion, motions were made by Council Member Bryan, second by Council Member Robino, and vote unanimous to approve Ord. No. 2018-05. Motion passed 5-0. 4) Budget Adoption Calendar Council Member Kolar asked about increasing the storm water fees; Mr. Hood explained that they can t be raised this year because an ordinance must be adopted which requires two hearings and there is not enough time at this point. Council Member Kolar would like to pursue this next year. Motions by Council Member Bryan, second by Council Member Robino, and vote unanimous to adopt the budget adoption calendar. Motion passed 5-0. 5) Dredge Materials Management Area Council Member Kolar suggested linking FIND logo on the Town s homepage to the tab that contains information on the DMMA so residents can find information easier. She would like to have meetings to keep residents informed about the process. Motions by Council Member Bryan, second by Council Member Robino, and vote unanimous to appoint Council Member Kolar as the Town s liaison for the DMMA project. There was discussion regarding getting more information for residents and getting input from the Town s engineer. Mayor Yonts said he and Mr. Hood, Mr. Mahaney, and Ms. Kolar went to the Conlan muck site. They scooped up muck from the site and noted there was no odor. Mr. Hood explained that the sand/muck mixture is tested before being pumped into the DMMA site; if any contaminants are found, the material cannot be stored in the site. 6) Trails and Greenways Committee Funding Council Member Kolar suggested the Committee receive funding in the amount of $1,400 annually. The Committee would like to design new brochures and purchase signs. Trails and Greenways Committee Chair Janet Metz suggested that any excess funds should be allowed to roll over and accumulate each year. Mr. Hood said that is not how the budget works; rolling money over requires more accounting and he does not recommend it. Money not spent goes back to general fund reserves. It was Council s consensus to put $1,500 in the FY 18-19 budget for Trails and Greenways. The Committee should prepare a budget each year and ask management for funding. 7) MOU for Intergovernmental Radio Communications Program Motions by Council Member Faden, second by Council Member Kolar, and vote unanimous to approve the Memorandum of Understanding. Motion passed 5-0. REPORTS Town Administrator s Report Mr. Hood reiterated the written report in the agenda packet. In addition, Mr. Hood said he authorized $1,500 for CDM to clean and clear a collapsed pipe on EELs property near Orchid Tree Drive that is affecting our drainage. The county won t touch it and EELs doesn t have Page 4 of 6
money to do it. Mayor Yonts asked about a collapsed pipe at a residence on Grant Road; Mr. Hood asked code enforcement to speak to the owners. If a hurricane becomes imminent and the rubble still remains, the Town will have a contractor remove it so flow isn t obstructed. Mr. Hood asked if the Council would consider a T-turnaround at the north end of Reynolds Road to protect wetlands. It was Council s consensus to allow the T-turnaround. Financial Report No comments. Council Reports and Comment Council Member Bryan noted the Town s drainage has significantly improved. He asked for a copy of last years Form 1 Financial Disclosure. Council Member Kolar mentioned hearing gunfire all day Saturday and Sunday in Cypress Creek. Residents have been complaining about it. Council Member Robino thanked everyone for their cards, donations, and condolences for the recent passing of his mother-in-law, Dorothy VanSciver. Mayor Yonts asked about the status of FEMA hurricane damage reimbursement, Mr. Hood had no new information. Mayor Yonts said the Salvation Army reached out to the Town for help stocking their food pantry which runs low during the summer months. He will be attending the FIND community outreach event. He added that he would like the Old Fish House CUP on next month s agenda. He mentioned resolutions passed by other cities. He reminded the Council that contract negotiations were needed for Mr. Mahaney s employment contract. Motions by Council Member Bryan, second by Council Member Kolar, and vote unanimous to nominate Mayor Yonts to negotiate the terms of the employment contract with incoming Town Administrator Jason Mahaney. Motion passed 5-0. It was Council s consensus to do a verbal performance review for Town Administrator Hood at next month s meeting. Motions by Council Member Bryan, second by Council Member Kolar, and vote unanimous to have Mayor Yonts select a company to do a property evaluation for the trailer next to Town Hall. Mayor Yonts will invite Senator Mayfield to a Council meeting to give an update on the railway. Mayor Yonts said he attended the roundtable hosted by Representative Fine; he gave a brief summary of the meeting. Page 5 of 6
Motions by Council Member Bryan, second by Council Member Robino, and vote unanimous to adjourn the meeting at 10:26 p.m. Motion passed 5-0. ATTEST: (Signature on file) Del Yonts, Mayor (Signature on file) Rebekah Raddon, Town Clerk Page 6 of 6