The Board of County Commissioners of Brevard County, Florida, met in special session on October 24, 1996, at 5:01 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, Assistant to County Manager Peggy Busacca, and County Attorney Scott Knox. Absent was: County Manager Tom Jenkins.

Commissioner Randy O?Brien led the assembly in the Pledge of Allegiance.

REPORT, RE: WITHDRAWN ITEM

Assistant to County Manager Peggy Busacca advised item II.C. has been withdrawn by the applicant.

PERMISSION TO HOLD EXECUTIVE SESSION, RE: PRINCE v. BREVARD COUNTY

County Attorney Scott Knox requested the Board hold an executive session to discuss the case of Prince v. Brevard County; and suggested it be held October 28, 1996 at 5:15 p.m.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize holding an executive session to discuss the case of Prince v. Brevard County on October 28, 1996 at 5:15 p.m. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ON REVIEW OF USE

Chairman Cook called for the public hearing to consider an ordinance on review of use.

Planner Tom Myers explained the provisions of the proposed ordinance delegating use on review and CUP approval in the heavy industrial zoning classification to the Planning and Zoning Board, and codifying the existing practice of allowing a scaled down of something which ordinarily requires a higher zoning classification to be placed in a lower classification with restrictions. He advised of uses which could be moved to lower zoning classifications; and stated the Planning and Zoning Board recommended approval.

Chairman Cook inquired if the P&Z Board would be the final reviewing body; with Mr. Myers responding affirmatively. Commissioner Higgs stated she cannot support the P&Z Board making the final determination. Commissioner Scarborough suggested the Board set parameters for simple decisions to be made at a lower level. Commissioner Higgs suggested the items be included in the Consent Agenda. Chairman Cook advised something that seems simple may become complicated; and the decision would be final. Commissioner Higgs commented on the level of review of the Commission compared to the review of the P&Z Board. Commissioner O?Brien suggested the P&Z Board recommend controversial items be handled by the Commission, but handle the simpler items at the P&Z level. Discussion ensued on how the P&Z Board would define a controversial item and downsizing the workload of staff and the Commission.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 62, ?Land Development Regulations?, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivision I, ?General Provisions?; specifically amending Section 62-1301, ?Uses Permitted on Review?, providing for conflicting provisions; providing for severability; and providing an effective date, amended to provide that the public hearing requirements shall be those specified in Section 62-1151 for amendments to the official zoning map.

Commissioner O?Brien suggested adding a sentence that if the P&Z Board approves or denies something, it can be sent through the Consent Agenda rather than being put in the zoning book. Discussion ensued on requirement for public hearing and change in law to require some zoning meetings before 5:00 p.m. with a four-fifths vote. Commissioner Scarborough suggested providing that the item may be heard by the Board of County Commissioners before 5:00 p.m. at one of its regularly advertised meetings. Mr. Knox advised that is fine; but the issue is whether the Board wants to hold the public hearing or delegate that responsibility to the Planning and Zoning Board, which would make a recommendation and then it could be considered on the Consent Agenda. Mr. Knox suggested striking everything after the word ?shall? in the sentence Commissioner Higgs was referring to, and adding after ?shall? the language ?the Planning and Zoning Board shall hold the public hearing and make a recommendation to the Board of County Commissioners. The recommendation shall be placed on the Board of County Commissioners Consent Agenda for approval, modification or rejection.?

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 62, ?Land Development Regulations?, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivision I, ?General Provisions?; specifically amending Section 62-1301, ?Uses Permitted on Review?, providing for conflicting provisions; providing for severability; and providing an effective date, revising language in Section 1 to read ?The public hearing requirements shall be specified in Section 62-1151 for amendments to the official zoning map, except that the Planning and Zoning Board shall hold the public hearing and make a recommendation to the Board of County Commissioners, and the recommendation shall be placed on the Board of County Commissioners Consent Agenda for approval, modification or rejection.?

Chairman Cook inquired about public hearing requirements; with Mr. Myers responding it requires one hearing. Mr. Myer outlined the changes provide for in the Ordinance.

Chairman Cook called for a vote on the motion, as amended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ON SPECIFIC USE

Chairman Cook called for the public hearing to consider an ordinance on specific use.

Planner Tom Myers explained the provisions of the proposed ordinance on specific use, enabling an applicant to limit his request to one specific use in the classification, and codifying the Board?s existing practice of approving a less intense classification than requested but more intense than the existing classification. He stated the LPA recommended approval with the modification providing for an opportunity for the applicant to withdraw his application rather than accept the lower classification.

Chairman Cook stated the same thing can be accomplished if the applicant agrees to a Binding Development Plan; with Mr. Myers responding affirmatively. Mr. Myers outlined the details involved in a request for outside sale and servicing of boats on a BU-1 parcel; and advised the Board directed staff to look at a way to accomplish the desired action in BU-1. He advised the recommended action removes the need for an attorney to prepare a Binding Development Plan. Chairman Cook inquired if the process would be the same, to the LPA and then back to the Board; with Mr. Myers responding affirmatively.

Commissioner O?Brien expressed support for the ordinance.

County Attorney Scott Knox recommended leaving the last sentence in and striking ?accept the lesser zoning or to? in the second to last line of the LPA recommendation. Mr. Knox explained the purpose of the provision is to put people on notice that the Board has the ability to impose a less intense zoning classification; the Board does not want to leave the impression the applicant can veto the Board?s decision; and the change gives the applicant the ability to withdraw the application, but does not prohibit the Board from imposing the less intense classification if the applicant does not withdraw his request. Mr. Myers advised that was the LPA intent.

Discussion ensued on State law, putting applicants on notice of things that can happen, and how such a change will be depicted on the zoning map.

Mr. Knox recommended leaving the last sentence of H, which is ?the Board may impose such classification without the agreement of the applicant; however, if the applicant is not the owner and the applicant was not given the authority to accept a lower zoning, then the item is to be tabled to the following meeting for the owner to determine whether he or she is willing to withdraw the request with no additional expense to the owner.?

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 62, ?Land Development Regulations?, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 2, Subdivision I, ?Administration and Enforcement?; specifically amending Section 62-1151, amendments to official zoning map-amendments initiated by property owner, specifically creating provisions for approving classifications of less intensity than the classification applied for, specifically creating provisions for applicants to limit their request to a specific use or uses, providing for conflicting provisions; providing for severability; and providing an effective date, amended to provide that ?The Board may impose such a classification without the agreement of the applicant; however, if the applicant is not the owner, and the applicant was not given the authority to accept a lower zoning, then the item is to be tabled to the following meeting for the owner to determine whether he or she is willing to withdraw the request with no additional expense to the owner.? Motion carried and ordered unanimously.

SALES CONTRACT WITH ATLANTIC GULF COMMUNITIES CORPORATION, RE: FAY LAKE IN PORT ST. JOHN

Commissioner Scarborough advised of meetings with staff; and explained changes in the Sales Contract with Atlantic Gulf Communities Corporation for Fay Lake in Port St. John regarding $35,000 for clean up and Special Warranty Deed rather than General Warranty Deed. He stated the price is favorable; and expressed support for the Contract.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract for Sale and Purchase, Addendum, and Second Addendum with Atlantic Gulf Communities Corporation for acquisition of 192.70 acres located at the western terminus of Fay Boulevard in Port St. John.

Chairman Cook stated the current contract provides that the seller will not be responsible for spending more than $35,000 for clean up; and inquired what would happen if the amount exceeded that. Commissioner Scarborough responded the County has the option to step away; and if the clean up was $45,000, the County could use the $35,000 from Atlantic Gulf and add $10,000 with it.

Chairman Cook called for a vote on the motion. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 5:30 p.m.

MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
( S E A L )