The Board of County Commissioners of Brevard County, Florida, met in regular session on August 8, 1996, at 5:30 p.m. in the Government Center Commission Room, 2725 Judge Fran Jamieson Way, Building C, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, Assistant County Manager Peggy Busacca, and Assistant County Attorney Katherine Harasz.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

PUBLIC HEARING, RE: JULY 1, 1996 PLANNING AND ZONING BOARD RECOMMENDATIONS

Chairman Cook called for the public hearing to consider the recommendations of the Planning and Zoning (P&Z) Board made at its public hearing on July 1, 1996, as follows:

Item 34. Bill B. Hesher and Leonard D. Jones, a Partnership d/b/a Chemko?s request for CUP for towers and antennae (230 ft. communications facility - lattice) in AU and BU-1 zoning on 7.25 acres located on the east side of U.S. 1, north of Flounder Creek Road, which was approved by the P&Z Board.

Paul Gougelman, representing the applicant, requested continuation of Item 34 until August 29, 1996.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to continue Item 34 until the August 29, 1996 BCC Meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: AUGUST 5, 1996 PLANNING AND ZONING BOARD RECOMMENDATIONS

Chairman Cook called for the public hearing to consider the recommendations of the Planning and Zoning (P&Z) Board made at its public hearing on August 5, 1996, as follows:

Item 14. L. L. Fleckinger?s request for change from GU and AU to all AU on 38? acres located at the western terminus of Craig Road, which was approved by the P&Z Board.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to approve Item 14 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 24. Gold Crest Realty, Inc.?s request for change from RP to BU-1-A on .36 acre located on the northwest corner of Fay Boulevard and Haverhill Road, which was tabled by the P&Z Board to its October 7, 1996 meeting.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table Item 24 to the October 7, 1996 P&Z Board meeting as recommended. Motion carried and ordered unanimously.

Item 31. Our Lady of Space Home Association, Inc.?s request for change from AU (currently having a CUP for security trailer) to BU-1 on 4.647 acres located on the north side of Kilmarnoch Lane at its most westerly end where it meets the right-of-way of Interstate 95, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 31 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 39. Barbara L. Culbreth?s request for change from GU to ARR on 1.01 acres located on the north side of Olkowski Avenue, east of Satellite Boulevard, which was tabled by the P&Z Board to its September 9, 1996 meeting.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table Item 39 to the September 9, 1996 P&Z Board meeting as recommended. Motion carried and ordered unanimously.

DISCUSSION, RE: OPTIONS TO IMPROVE PROCESS FOR PUBLIC INPUT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Attorney to report back to the Board on the County?s options to improve the process for public input regarding the Snyder Case and zoning issues. Motion carried and ordered unanimously.

REQUEST FOR FUNDING, RE: INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to deny the Indian River Lagoon National Estuary Program?s request for $500 to assist in its signing ceremony at the Environmental Learning Center on Wabasso Island. Motion carried and ordered unanimously.

Item 21. Gary M. and Shirley C. Hendren?s request for change from GU to RRMH-1 on 1.0 acre located on the south side of Outback Road, west of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 21 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 22. Gregory Luttrell?s request for change from GU to RRMH-1 on 2.01? acres located on the south side of Burning Tree Avenue, east of Satellite Blvd., which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 22 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 23. Eric Roach?s request for change from GU to AU on 2.38 acres located on the west side of Fan Palm Avenue, south of Cabbage Palm Avenue, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 23 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 25. 4 G?s of Brevard County, Inc.?s request for change from GU to RRMH-1 on 2 acres located on the north side of Terri Lee Avenue, west of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 25 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 26. Clifton D. Leffler?s request for change from GU to AU on 2.38 acres located on the east side of Florida Palm Avenue, north of Areca Palm Street, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 26 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 27. Timothy G. Tharp?s request for change from GU to AU on 2.38 acres located on the west side of Fan Palm Avenue, south of Cabbage Palm Street, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 27 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 29. Troy A. Brown and Catherine C. Fisher?s request for change from GU to RRMH-1 on 2.47 acres located on the south side of Eureka Avenue, 0.39 mile east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 29 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 30. Hector A. and Irma Briand?s request for change from GU to ARR on 1.26 acres located on the south side of Dyson Avenue, west of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 30 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 32. B. B. Nelson?s request for CUP for towers and antennae (230 ft. communications facility - lattice) in AU zone on 5.12 acres located west of State Road 405, north of Kirkwood Trail, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 32 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 33. Patrick F. Fischer, Trust, Robert M. Fischer, Trustee?s request for change from BU-1 (currently having a SUP for service station) to TU-2 on 1.259 acres located at the southeast quadrant of I-95 and State Road 46 intersection, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 33 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 35. Anthe Hart?s request for change from GU to ARR and CUP for towers and antennae on 7.5 acres located south of Jennelle Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 35 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 36. 4 G?s of Brevard County, Inc.?s request for change from GU to RRMH-1 on 1 acre located on the north side of Terri Lee Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 36 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 37. Edward and Betty Jean Van Blarcom?s request for CUP for agricultural pursuits (horses and barn) in GU zone on 1.08 acres located on the north side of Areca Palm, west of Florida Palm, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 37 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 40. Robert T. and Jackie Keim?s request for change from AU to AGR on 10.04 acres located west of I-95, south of State Road 46, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 40 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 28. Mitchell S. Goldman and Louis C. Morehead, III?s request for expansion of the Mixed Use District and change from RU-1-7 to BU-1 on .39? acre located on the northeast corner of Palm Street and Manth Avenue, on which the LPA denied expansion of the MUD and the P&Z Board denied change from RU-1-7 to BU-1.

Mitchell Goldman and Louis C. Morehead, III, owners of the proposed property, requested Board approval of the MUD expansion and zoning change.

Rochelle W. Lawandales, representing Mitchell Goldman and Louis C. Morehead, III, advised the proposed request is compatible with the area and the County has created good planning opportunities at this corridor. She submitted documentation and maps for the record; and requested the Board approve the request.

Alan Spears and Douglas Carney expressed their opposition to the request.

Discussion ensued on commercial use properties, consistency, residential zoning, ownership patterns, drainage, outfall, mixed use district expansion, boundaries, incompatibility, encroachment, and future land use map designation.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to deny expansion of the Mixed Use District as recommended by the LPA for Item 28. Motion carried and ordered; Commissioner Cook voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to deny change of classification from RU-1-7 to BU-1 as recommended by the P&Z Board for Item 28. Motion carried and ordered; Commissioner Cook voted nay.

The meeting recessed at 6:45 p.m.

The meeting reconvened at 7:00 p.m.

Item 38. Jimmy J. Messer and Kyriacos J. Lagges?s request for CUP for convenience store with gasoline sales in BU-1-A zone on 1.32 acres located on the northwest corner of Canaveral Groves Boulevard and Grissom Parkway, which was denied by the P&Z Board.

Frank Griffith, representing the applicant, outlined the proposed item and requested approval of the Conditional Use Permit and presented a petition to the Board with approximately 25 names of individuals in support of the CUP request.

Doug Robertson, submitted his resume for the record, and advised that the request is consistent with the Future Land Use Element, Comprehensive Plan Policies, Land Development Regulations and Zoning Ordinance, and the special requirements that have been put forward for a CUP for a convenience store with or without gas pumps.

Hugh Winn, Jr., Linda Terry Streetman, Wilbur Streetman, Michelle Belaski, Krystal Rains, James Nadle, Jr., Jeanne Nadle, Joseph Stadnick, John Wald, and Richard Mathiesen expressed their objection to the CUP request.

Dick Gregory, Bill Godbout, Timothy Tharp, George Harrell, Larry Harrell and O. T. Milliard expressed their support to the CUP request.

Discussion ensued on traffic congestion, environmental issues, safety, residential versus commercial, hours of operation, CUP criteria, aesthetic and detrimental impacts on surrounding property, nuisance factors, compatibility, ingress and egress, parking, screening and buffering, utilities, shopping amenities, and location standards.

Commissioner Scarborough recommended the item be tabled to address all the issues that have been raised.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table Item 38 to the October 3, 1996 BCC meeting. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 8:10 p.m.

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

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