March 1, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 1, 2001, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Sue Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, Assistant County Manager Peggy Busacca, and Assistant County Attorney Eden Bentley.

The Invocation was given by Commissioner Truman Scarborough.

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance.

ANNOUNCEMENT

Commissioner O'Brien announced that June 7 is Dean Martin Day.

PUBLIC HEARING, RE: TABLED PLANNING AND ZONING BOARD RECOMMENDATIONS
OF OCTOBER 2, 2000, NOVEMBER 6, 2000, AND JANUARY 8, 2001

Item 1. (Z0010302) Michael E. and Lorraine C. Demontigny, Marlene Hughes, and Michael E. Hughes' request for change from RR-1 to AU on 50.1± acres located on the east side of Fleming Grant Road, approximately 0.45 mile north of Mockingbird Lane, which was recommended for approval by the Planning and Zoning Board.

Marlene Hughes advised in prior meetings it was recognized by Commissioner Scarborough that incompatibilities would lie within the AU zoning classification; therefore, they are submitting a binding development plan to minimize the incompatibilities. She noted staff prepared a worksheet that was presented at the Planning and Zoning meeting on October 2, 2000, where the item was recommended for approval; they are private property owners, not developers; and they relied on information provided by County and State staff. She stated currently they own 52.3 acres with over 380 feet of frontage on Fleming Grant Road; they also own two one-acre parcels, which are shown in white on the map; and the current zoning is RR-1 with no deed restrictions. She stated the minimum buildable lot size is one acre with a minimum floor area of 1,200 square feet of living area; and four horses per acres are allowed under RR-1. She stated if a developer wanted to develop the property under the current RR-1, there would be a potential of 45 units, which would mean 45 additional wells and septic tanks; and with no deed restrictions, it would be possible to put in 45 low-cost houses, which may have a significant impact on the surrounding area in terms of property values. She stated according to the staff comments, the average daily trips under the existing RR-1 would be 430 per day, which would be like a vehicle passing a house every three and one-half minutes 24 hours a day; most

households have a minimum of two cars; and that would be 90 more vehicles traveling down Fleming Grant Road. She stated under the 45-unit potential, the stormwater runoff and impact to infrastructure are obvious concerns; Main Street from Central to US 1 is already at 14% of capacity; a lot of roads are already at over capacity; and if the surrounding vacant land is developed, it would have an impact on infrastructure as well as the environment and natural beauty of the area. She stated the request does not include the two-acres bordering on Fleming Grant Road; that would remain as RR-1 to keep the consistency with the neighborhood; and rezoning the remaining property to AU with a binding development plan would reduce density, help protect the natural beauty of the environment, and have less impact on the infrastructure. She stated in an effort to protect the Sebastian River from the impact of septic tanks and runoff, the Comprehensive Plan requires all newly created parcels between Fleming Grant Road and the river to be a minimum of 2.5 acres; AU zoning has that minimum requirement; and the change from RR-1 to AU with a BDP would enhance compatibility with the surrounding area, reducing the number of units from 45 to 18. She stated the proposal can be considered under the Future Land Use designation and under the maximum allowable residential density; and the proposal would maintain acceptable levels of service, reducing average trips from 430 to 172 trips per day. She submitted a revised binding development plan; and stated the binding development plan further increases compatibility by eliminating more than half of the potential uses under the AU classification. She stated the binding development plan will raise the minimum square footage, which was 750 square feet under AU and 1,200 square feet under RR-1, to 1,600 square feet; and address the concerns raised by neighbors at the previous meetings; and expressed appreciation to Commissioner Higgs and her staff for hosting the meetings, and to Debbie Coles and Dave Millard for their assistance. She requested all speakers point out their properties on the map; and stated last month the Heltons' property, which is approximately 450 feet south of her property, was changed to AU with a Binding Development Plan. She noted the binding development plan was changed this afternoon to add that mobile homes and manufactured homes would not be permitted, to spell out minimum lot size setbacks, and to add that barns and stalls shall be placed 100 feet from a residence.

Bernard Becker pointed out his property on the map; and stated from what he is hearing, the proposal sounds okay, as long as nothing is done that will affect his property or property value.

William Gates pointed out his property on the map; stated he attended all the meetings at Commissioner Higgs' office; and it has been tough to try to get things straightened out. He stated the neighbors have gotten quite a bit that they asked for; and he has no objections.

Carol Buffum stated if the rezoning is approved, it should be with rural residential zoning encompassing the property with certain agricultural uses allowed; the Helton property was approved, but it was with rural residential; and in this case, the AU zoning would be the encompassing factor. She voiced objection to the raising and grazing of animals and fowl; and stated fowl should be eliminated completely and farm animals should be limited to horses and ponies. She stated she would also question the boarding of horses as it is a commercial enterprise, which would impact road usage and present a hazard to the children. She stated she would also question temporary living quarters during construction of a residence; it would not be compatible with the surrounding residential homes; and all other homes had to be built before anyone could live on the property. She inquired what is the purpose of a second family kitchen in a single family dwelling unless it is to use it as a multi-family dwelling, which should not be permitted. She stated Item D says that setbacks and maximum height shall be as set forth in AU zoning; but they should conform with RR-1 zoning. She stated the height limit for accessory structures under AU is 45 feet; the height limit for residences is 35 feet; so there will be buildings 10 feet higher than the residences. She inquired how many barns and accessory buildings will be permitted; and expressed concern about barns and accessory buildings being built prior to any residences and the holding of animals on the property prior to the owners living on the premises. She inquired what is the purpose of skateboard ramps if they are not to be used commercially. She stated Ms. Demontigny has said that her rights are being violated by not being able to use her land as she wishes; but the property was purchased with the full knowledge and understanding that it carried RR-1 zoning, with the intention of rezoning to AU, which is not compatible with the abutting residential community.

Lorraine Demontigny thanked the people who have attended the meetings and hearings; and stated under the binding development plan, the boarding of horses would only be permitted with a conditional use permit, which would involved the same public hearing process as the current rezoning. She stated some of the other things Ms. Buffum brought up, such as the skateboard ramps, go along with what already existed under RR-1; they did not want to eliminate anything they could already have; and the binding development plan says that no animals shall be kept on the property prior to the occupancy of a residence. She noted Ms. Buffum was unable to attend the meeting; and had she known of her concerns, she would have tried to address them.

Ms. Hughes stated the raising and grazing of animals and fowl is limited to not more than five total per lot, with a five-acre minimum; and if in the future, land is sold as 2.5-acre lots, they would not be able to have those types of animals. She stated they included there shall be no swine other than pot bellied pigs; there can be no peacocks; and the number of roosters is limited. She stated their property is more than twice the amount of the Heltons; and AU is much more in line with what they would like to be able to do.

Commissioner Higgs inquired what is the height restriction in AU; with Ms. Demontigny responding for a residential structure, it is 35 feet, and for an agricultural structure, it is 45 feet. Commissioner Higgs inquired if 35 feet is the same in all residential structures; with Ms. Demontigny responding that is correct. Ms. Hughes stated it says on permitted use single-family detached dwelling; and inquired if that would cover the 35-foot height limit. Planner Robin Sobrino advised that would be limited to 35 feet. Commissioner Higgs inquired if it would be a problem to have the residential height restriction on the barn; with Ms. Hughes responding she does not think any barn they build would be 35 feet or higher; and presented paperwork showing examples of barns. Commissioner Higgs stated in AU, some agricultural structures could go to 45 feet; and that was not discussed previously. She inquired if the applicants would have a problem including the 35-foot limit.

Discussion ensued on barn heights. Ms. Hughes and Ms. Demontigny agreed to the 35-foot height limit on the barns.

Commissioner Higgs stated the provision for temporary living units is available within the Code as a permitted use on more than one acre. Ms. Sobrino stated it is permitted with conditions, and the acreage is one of the conditions. Commissioner Higgs noted that is available in any zoning category as long as there is greater than one acre. Ms. Hughes stated they set a limit in the binding development plan that provides no more than two years for a temporary living unit while a house is being built. Commissioner Higgs inquired if the skateboard ramp can become a commercial ramp; with Ms. Sobrino advising it would be for the personal use of the residents of the property. Commissioner Higgs inquired if second kitchen facilities are available as a conditional use in RR-1; with Ms. Sobrino responding that is correct. Commissioner Higgs stated the conditional uses are all included in RR-1 with the exception of the boarding of horses, which is in AU; she has met with the applicants and residents on several occasions to discuss the issues and possible incompatibilities; and the criteria in the binding development plan will reduce or minimize those.

Motion by Commissioner Higgs seconded by Commissioner O'Brien, to approve Item 1 (Z0010302) with a Binding Development Plan, including raising and grazing of animals limited to no more than five on five acres, no swine other than pot bellied pigs, no peacocks, limited number of roosters, and structures to be no higher than 35 feet. Motion carried and ordered unanimously.

Item 2. (Z0011201) George James and Nancy Rene Cusumano's request for a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-2 zone on 0.26 acre located on the west side of Banana River Drive, approximately 500 feet north of SR 528, which was recommended for approval by the Planning and Zoning Board.

Commissioner O'Brien stated Mr. Paulsen is present; and advised of a fax from Zoning Official Rick Enos, which says the site plan has been redesigned to show eight on-site parking spaces and six off-site spaces on the adjacent site to the north. He stated this exceeds the 13 spaces that would be required under the parking regulations; the request meets all the requirements; the adjacent property owner has agreed to provide the additional six off-site spaces; and Land Development reviewed the conceptual plan and advised a cross access agreement is needed, which Mr. Paulsen has. He stated since staff is satisfied with the conceptual plan, and the applicant has provided a cross access agreement, staff recommends approval of the item subject to certain conditions as follows: bar patrons be limited to no more than 30; the CUP be subject to site plan approval by the Land Development staff; the appropriate cross access agreement be incorporated in the site plan; and on-premises consumption be limited to the hours of 11:00 a.m. to 10:00 p.m. He stated he is also asking that a sign be posted with letters three-quarters of an inch or larger in a visible area behind the bar which shall read, "This establishment by law cannot serve alcoholic beverages for on-premises consumption before 11:00 a.m. or after 10:00 p.m."; and requested Mr. Paulsen also post a sign to read, "Children under the age of 14 shall not sit at the bar." He inquired if Mr. Paulsen is willing to post such signs; with Mr. Paulsen responding that is fine.

Motion by Commissioner O'Brien, seconded by Commission Scarborough, to approve Item 2 (Z0011201) with the following conditions: bar patrons be limited to no more than 30; the CUP be subject to site plan approval by the Land Development staff; the appropriate cross access agreement be incorporated in the site plan; on-premises consumption be limited to the hours of 11:00 a.m. to 10:00 p.m.; and signs be posted advising of hours and that children under the age of 14 cannot sit at the bar.

Assistant County Attorney Eden Bentley inquired if the second item is expressing that it must go through site plan approval; with Commissioner O'Brien responding that is right.

Chairman Carlson called for a vote on the motion. Motion carried and ordered; Commissioner Colon voted nay.

Item 4. (Z0101303) Evalena T. and John Johnson's request for change from GU to AU on 6.5± acres located on the west side of Fleming Grant Road, approximately 1.01 miles south of Wilden Road, which was recommended for approval by the Planning and Zoning Board.

Commissioner Higgs stated it is her understanding that the Johnsons have requested to withdraw the item. Planner Robin Sobrino stated the Johnsons contacted the Zoning office indicating they wished to withdraw; staff explained that they would need to submit a letter in order to do so; and no letter has been received. Commissioner O'Brien stated there is a letter from Stadler and Harris dated February 27, 2001; with Chairman Carlson advising that is not for this item. Commissioner Higgs stated the applicant was present at the first hearing; one of the Johnsons has been ill, and requested it be withdrawn; and inquired if it can be withdrawn if they are not present. Zoning Official Rick Enos advised the Board has not done that before with a verbal request, and normally the Board denies it. Assistant County Attorney Eden Bentley stated the item is before the Board; it has to determine whether or not it meets the criteria; and if there are still questions about the criteria being met, the applicants would need to be present to answer those questions. Commissioner Higgs stated she would prefer to table it to the next meeting to give the applicants a chance to withdraw it because there has been illness.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Item 4 (Z0101303) to April 5, 2001. Motion carried and ordered unanimously.

Item 3. (Z0011406) Floyd D. and Patricia M. Ellsworth's request for a Small Scale Plan Amendment to change land use designation from Residential to Mixed Use District and change from AU to BU-2 retaining the CUP for a Security Trailer, and removing existing CUP for a Borrow Pit on 9.93 acres located on the north side of Pluckebaum Road, approximately ¼ mile east of Range Road, which was recommended for denial by the Local Planning Agency and the Planning and Zoning Board.

Chairman Carlson stated there is a request to table the item.

Commissioner O'Brien made and withdrew a motion to table Item 3 (Z0011406).

Patricia Ellsworth stated this item was tabled twice; they requested it be tabled a third time; and there is a letter from Attorney Richard Stadler making such request. She advised of difficulties in getting together with an attorney; stated she was referred to Mr. Stadler; and requested the application be withdrawn.

Chairman Carlson stated it can be withdrawn; and Mr. and Mrs. Ellsworth can meet with their lawyer to determine some other action, and come back before the Board.

Commissioner Higgs inquired if that is what Attorney Stadler was asking for; with Chairman Carlson responding he was asking that it be tabled, but the applicant requested it be withdrawn because she needs additional time. Ms. Ellsworth stated the attorney said if it could be tabled he would help them at the next meeting. Commissioner Higgs inquired if Ms. Ellsworth wants to withdraw it for tonight; with Ms. Ellsworth responding yes.

Discussion ensued on the difference between tabling the item and withdrawing the item.

Commissioner Higgs inquired if Ms. Ellsworth wants the item to be tabled; with Ms. Ellsworth responding it is possible.

Susan Booth submitted paperwork; stated her family roots were established over 100 years ago in agriculture; and they sold their home in a residential neighborhood and purchased a 20-acre parcel in Cocoa which borders Range Road on the west and Pluckebaum Road on the south. She stated the area is well established as AU as evidenced in Exhibit A, the Small Scale Plan Amendment; the Booth-Lovejoy property is highlighted in orange on the map; it borders the Ellsworth property, which is shown in yellow, and a borrow pit on the east side in its entirety; and the area highlighted in blue within the Booth-Lovejoy property is marsh land which is fed by the Pluckebaum Canal. She stated a cow-calf operation and licensed horse boarding stable are currently in operation on the parcel; a recent field inspection by the County Property Appraiser's office determined that two acres of her 20-acre parcel are unstable for the intended agricultural use of cattle grazing, and are now assessed as non-agricultural; and the letter submitted from Brad Beville shows this action occurred because of a flooding in October, 1999 that caused the berm of the dry dewatered marl pit owned by the Ellsworths to collapse, causing deep washouts on her property. She stated based on the findings of the St. Johns River Water Management District, the berm of the pit at the site above the washout was 22 feet; the County required a 50-foot setback from all property lines and an additional three-to-one slope on all sides of the pit; and under the order of the Special Masters, the berm has been repaired and the slope installed. She called the Board's attention to six photographs; and stated she has learned from the St. Johns River Water Management District that the west slope and possibly a portion of the berm may be on her property, although Bruce Moia, County Engineering, has signed off on the project, which means it meets the County's standards for a borrow pit, berm, and slope thought not on the property owner's property. She stated correspondence from the County and the St. Johns River Water Management District indicates the Ellsworths have decided to abandon the pit and received St. Johns River Water Management District Board approval on February 13, 2000. She requested the Board consider these facts prior to voting on the rezoning of a portion of the parcel to commercial or removing the CUP for the borrow pit; and stated it is imperative to resolve the unresolved issues relative to the abandonment of the borrow pit before any additional attention is given to rezoning. She stated commercial zoning in an area known primarily as agricultural is not compatible; but if approved, half of the 9.33 acres requested for rezoning are part of the borrow pit.

Commissioner Scarborough inquired if Ms. Booth is opposed to tabling the item; with Ms. Booth responding yes. Chairman Carlson noted the tabling request is for three months.

Kathy Knoepfel stated she lives next door to Susan Booth and has the same concerns. She stated her mother purchased 20 acres in 1982 so they would have a place to live and have their livestock; the area from Clearlake Road to South Range Road has historically been used as agricultural; and that is why they purchased the property there. She stated commercial zoning is not consistent with what the rest of the people are doing; she did not move in next to commercial; commercial moved in next to her; and it is not fair to change the area. She stated her property was also damaged, and that issue has not been resolved. She stated at the Planning and Zoning meeting, she asked that this be tabled until the Ellsworths are through with the business with the St. Johns River Water Management District, but that was not possible; and the Ellsworths have another 60 to 90 days of dealing with the St. Johns River Water Management District before the issues are completed. She stated the zoning will not fit in with what the rest of people in the area are doing; and she lives 500 feet from the property line.

Commissioner Scarborough inquired if Ms. Knoepfel is requesting it be tabled; with Ms. Knoepfel responding she wants it to be over, not tabled as she does not want commercial zoning on her fence line. Commissioner Scarborough inquired if Ms. Knoepfel does not want it tabled until the St. Johns River Water Management District issue is resolved; with Ms Knoepfel responding no.

Sharon Davis stated she has boarding stables; her parents originally owned the property and her father started the pit; and she was under the assumption that when the pit was done, there were going to be four five-acre lots around a lake with AU zoning. She stated now the Ellsworths want to change it to put in a place to park boats, RV's and equipment on the frontage; and the problems with the pit do not have anything to do with the neighbors. She stated she has children and animals at her house; the Ellsworths have had a borrow pit for the last four or five years with heavy dump trucks running in and out; and they assumed when the pit was done, they would be done with the traffic and have a nice lake, but now it does not look like that is going to be. She stated commercial will mean more traffic and indigent people coming in and out; and she does not want that. She stated she is getting ready to build a new home; she does not want commercial property; and advised of another parcel that was rezoned commercial and the problems it created. She stated if the Ellsworths want to sell lots and put in homes, that is fine; but she did not move to this area to have commercial at her back door.

Shannon Harmony stated she lives across Pluckebaum Road from the property in question; she has show horses and boards some horses; and she concurs with the statements made by the previous speakers. She noted she does not have any direct involvement with the pit, although the condition of the pit seems to be in question; it does not have anything to do with the zoning staying agricultural; and advised of the agricultural and residential nature of the area. She stated they do not want heavy traffic; they do not want people with no commitment to the area coming and going; and no matter what the Ellsworths plan, the zoning stays with the property, so if they sold it, the next owner could do whatever business endeavor he wanted. She stated they are excited about the dump truck traffic slowing down; they are not interested in a zoning change that would make the property busy and commercial; and she would be against tabling the issue for three months because the Ellsworths have been working on this for at least a year.

Chairman Carlson stated she has met with some of the neighbors, and has tried to meet with the Ellsworths on this issue; but the Ellsworths have had a difficult time bringing in attorneys to assist them with some of their problems relating to the borrow pit. She stated there is an incompatibility issue because the surrounding area is AU, and to bring in BU-2, which is heavy commercial, is incompatible; and she would like the Board to deny the item based on the recommendations of the Planning and Zoning Board.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to deny Item 3 (Z0011406) as recommended by the P&Z Board.

Commissioner Higgs recommended the applicant be given an opportunity to comment or present information in support of the application.

Patricia Ellsworth stated they applied for the zoning change so they could provide storage of boats, campers, or things of that nature that would be stored for a length of time, but could not be parked elsewhere; they have not come up with a plan showing how they will do it, but they want to use the front five acres of property for that use; there would be a separate driveway into the property; and she does not see how that would create a lot of traffic. She stated as far as indigent people, she does not know where that came from because if people have property to store in a place like this, they would not be there to cause trouble. She stated there are people in and out of driveways for people who board horses, but it does not bother her; and requested the item be tabled.

Floyd Ellsworth stated all he wanted was to get a change to BU-2 to try to regain some of his losses; he has lost a million and a half dollars; and when there was a problem with Susan
Booth's property, he went over with a backhoe to build a dike to keep the water from damaging her property, but Ms. Booth called the Sheriff and ordered him off the property. He stated he is just trying to set up something for his retirement; there would not be as much traffic as there is from the people boarding horses; and if the property is going to be agricultural, he does not see how the neighbors can board horses which is commercial not agricultural.

Chairman Carlson inquired what is the status with the dealings with the St. Johns River Water Management District; with Mr. Ellsworth responding he has a permit and all he has to do is see that the slopes are three-to-one around the outside of the pit and fence it. Phyllis Ellsworth stated they have 90 days to do that, but have the permits for closure from the St. Johns River Water Management District and from the County. Commissioner Carlson requested the Ellsworths explain why they need additional time, noting they already have had a lot of time because it has been tabled twice; and commented on the neighbors being upset about coming to the meeting and being unable to speak to the issue. She stated she is hesitant to allow another tabling; and if the Ellsworths need to work with an attorney, she would prefer they do that and then return to the Board when everything is figured out.

Ms. Ellsworth stated she understands the neighbors' position in having to come to each meeting; and explained the difficulties in getting an attorney. Chairman Carlson inquired if Ms. Ellsworth agrees they need more time; with Ms. Ellsworth responding they would like more time. Chairman Carlson inquired if it is not a problem to go ahead and do what is needed, and then come back at a later date without tabling it; with Mr. and Mrs. Ellsworth agreeing.

Commissioner Colon stated one of the jobs of the Board is to protect the integrity of the community; and she can understand what the Ellsworths have gone through; but this is incompatible. She stated the Board has to protect the area.

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

Commissioner Scarborough commented on when the application was first received and how many times it has been tabled.

Item 5. (Z0101502) Johnny E. Godwin's request for a Mixed Use Boundary Expansion and change from RU-1-7 to BU-1 on 2.98 acres located on the southwest corner of Wood Street and West New Haven Avenue, which was recommended for denial by the Local Planning Agency and the Planning and Zoning Board, and for which applicant has withdrawn request for Mixed Use Boundary Expansion.

Zoning Official Rick Enos advised Mr. Godwin has withdrawn the Mixed Use District expansion request and would like consideration only of the BU-1 on the current Mixed Use depth.

Johnny Godwin stated when he came before the Planning and Zoning Board, he requested the zoning be changed, but the P&Z Board did not understand. He stated his neighbor objected that she might have a driveway running right in front of her yard; and he met with Natalie Barkwell in an effort to solve the problem, and subsequently withdrew the request for Mixed Use District expansion. He stated Ms. Barkwell also was concerned about looking at a building and possibly having a Dumpster or other eyesore there; and he proposed putting a fence on the eastern residential boundary of the property with oleanders or podocarpus to provide a greenery type effect. He stated Ms. Barkwell took that information to two or three neighbors with whom she had been working; and later called and said it sounded good. He advised he limited the access on Wood Street up to 133 feet maximum from US 192, which is a considerable number of feet from Ms. Barkwell's property; he agreed to a block, masonry, or stucco wall that will not deteriorate over time as a wooden fence would; and he will modify what he gave to Mr. Enos. He stated he also talked to Mr. Hartman who owns frontage on US 192 and a lot behind that; he has a rental house; he supports the rezoning effort; and he has a letter from Mr. Hartman to that effect. He stated he tried to work out all the problems with the neighbors.

Commissioner Colon stated this was recommended for denial by the Planning and Zoning Board, but the applicant has since withdrawn the MUD boundary expansion request; and she would like to send this back to the P&Z Board on March 5, 2000 and have it come back to the Board in four weeks.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to table Item 5 (Z0101502) to the March 5, 2001 Planning and Zoning meeting. Motion carried and ordered unanimously.

Item 6. (Z0101503) Claridge Development, Inc.'s request for a CUP for Additional Building Height of 19.75 feet in an RU-2-15 zone on 0.83± acre located on the east side of Highway A1A, approximately 100 feet south of Ocean Oaks Drive, which was recommended for approval by the Planning and Zoning Board.

Chairman Carlson called for Attorney Ken Crooks to speak. Commissioner Colon stated this is not the procedure that the Board should be following. Chairman Carlson stated there is a finding of fact, and the public hearing portion is closed. Commissioner Colon stated she is uncomfortable because the Board previously told the community it was not going to allow further public hearing from anyone, that the public hearing was closed, and that it was going to approve the order of denial. She stated she would not like to waive the six months period because the proper procedure is to come back in six months if the applicant is interested in doing anything different; and she does not want the Board to change its commitment to the community.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to adopt Resolution approving the Order of Denial.

Commissioner Higgs stated Ed Fleis visited her office this afternoon; and they are interested in having the Board consider 10.5 feet in additional height. Commissioners Scarborough and O'Brien stated Mr. Fleis also called them.

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

Chairman Carlson stated the applicant can come back in six months to present his ideas.

Attorney Ken Crooks, Dean Mead Spielvogel Goldman & Boyd, representing the applicant, stated he has a problem with this being proper procedure; any time someone has a request to provide a lesser impact, the Board has the authority to hear that in the same meeting and make a decision based on that fact; and that is specified at the top of the Agenda. He stated the applicant was going to request this be tabled for the Board to have the ability to decide whether or not it wished to consider one additional story of height so as to be the same height as the building next door with a site plan that would reflect a density reduced by one unit to six rather than seven; but the Board cut discussion off and the applicant did not have an opportunity to express that.

Chairman Carlson stated the Board made its decision at the last meeting and brought back a finding of fact to actually move that decision of denial.

Mr. Crooks voiced objection to that procedure as well; and stated the Board cannot have it both ways with the action being denial and tabling.

Chairman Carlson inquired if there is a procedural issue the Board needs to discuss; with Assistant County Attorney Eden Bentley responding no, as the Board ended the public hearing previously, and that is shown in the minutes of that meeting.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF
FEBRUARY 5, 2001

Item 1. (Z0102101) T. A. Terry, Robert B. Clifton, Trustee, Jackie Forsyth, and John Hoskins' request for change from TRC-1 to TR-1, removing the existing CUP for Cluster Development of Modular Coaches and removing the existing BSP on 34.17 acres located on the north side of Canaveral Groves Boulevard, approximately 250 feet east of Grissom Parkway, which was recommended for approval by the Planning and Zoning Board.

Ben Elliott, Plata Engineering, representing the applicant, introduced Environmental Consultant Linda Olson with Environmental Services, Inc.; stated there is a TRC-1 development on the record from a previous owner, which calls for a cluster development of 132 rental units with a Binding Development Plan; but his clients, who wish to purchase the property, are in the mobile home business where they sell single-family residential lots like a standard subdivision; so that is why they are requesting TR-1 with standard 65-foot by 100-foot lots. He stated the property is 35 acres total, and is divided by an existing drainage canal; and exhibited a plan based on the development area. Mr. Elliott stated the previous layout was a rental development with 130-plus units and one connection off Fountain Palm Drive; his client started the review process two and one-half years ago with a pre-application meeting with staff; and one of the concerns was a secondary connection for emergency access; so they retooled the layout to provide a secondary access onto Ann Way and reduced the number of units. He stated the neighbors were concerned that a lot of traffic would be generated with the single-family configuration; and they have reduced the number of units to 60 or 65, which is less than half of the original cluster development. He stated it is a single-family type subdivision but will have mobile home structures; it will have a stormwater system in accordance with the St. Johns River Water Management District and County criteria; it will have a homeowners association for maintenance; and it will have water from the City of Cocoa. He stated a unique part of the project is the ability to install a master sewage collection system with a consolidated lift station with rights from a previous zoning action, to pump effluent to Sun Lake Estates Park to the east; they have an existing wastewater treatment plant that has capacity reserved for expansions as well as the Sharpes 35 project; and they anticipated 132 to 135 units, but now there will only be 65, so there is no problem with capacity. He stated the units will exceed the minimum square footages required; all will be doublewides at a minimum; there is a similar development in Kissimmee; and displayed pictures of the existing development showing the units to be parallel to the road to have single-family appeal from the curb.

Linda Olson stated the layout of the property presents a unique opportunity to address any environmental concerns; a canal splits the property nearly in half; the northern portion, which is where the proposed development is expected to occur, will impact approximately two acres of wetlands; and in return everything to the south of the canal will be preserved, which includes a combination of uplands and a very large 11-acre hardwood wetland. She stated there is an area in the southwest corner that is a very disturbed upland area; they intend to enhance and create wetlands there; and they will transplant unique endangered grasses that occur in the small wetlands to the north of the canal in that southwest area. She stated there was potential on the site for scrub jays and gopher tortoises; they did surveys last year during nesting season and did not locate any occupied habitat for scrub jays; and the gopher tortoises are going to be relocated to the preserved uplands south of the canal, with those that cannot be relocated to be dealt with following State guidelines.

Chairman Carlson inquired if the applicant has been through the permitting process with the St. Johns River Water Management District on the wetlands; with Ms. Olson responding they have not initiated that as they wanted to get the zoning classification correct first. Ms. Olson advised there has been a lot of initial coordination; all of the wetlands have been flagged; and St. Johns River Water Management District staff has been out to verify the wetlands. She stated there have been preliminary meetings with staff of the St. Johns River Water Management District and also with the Army Corps of Engineers, which may not actually have jurisdiction over the wetlands any more; and they have both been receptive to the plan that has been laid out.

Commissioner Higgs inquired if there is any way to access the subdivision via Canaveral Grove Boulevard instead of through the two side streets. Mr. Elliott responded that was investigated with the original developer when they had the cluster development plan; explained the negative aspects including impact from the road widening requirement for the side slopes, amount of fill, and layer of muck; and advised from an impact and cost standpoint, it did not seem feasible to the previous developers. He stated with the current concept layout, preserving the southern half of the development and just developing the north side of the ditch with internal road connections, they decided to do the east/west connection because of the way the original platted subdivision was set up with future access considerations.

James Jorgensen, representing the current owners of the property, stated they have a contract with the proposed buyer; the property is currently vacant and has been for many years although the current zoning would allow for 132 family structures; and the new developer's idea of putting 60 to 70 homes on the property is much better suited than the one originally planned. He stated it would be better developed under the new plan than having it vacant where there is an opportunity for fire and things of that nature. He stated there are mobile home structures surrounding the entire property; and the proposed development fits well within the similar neighborhood.

Ronnie Lawhon stated she is the owner/developer of Veronica Estates, which is a new subdivision going in to the west and north of the property in question; she owns close to 200 acres and has a lot of money and time invested in her project; and the proposed development being considered tonight would not be good for the community. She stated this type of community would devalue her property; the subdivision she is proposing, which is in Phase II of development, is going to be an upscale community with homes in the $150,000 price range; the property just north of the property in question has manufactured homes, but they are on half-acre lots; and just south of the property is Sun Lake Estates which has smaller lots with some singlewides and some doublewides. She stated a drive through Sun Lake Estates will show an example of what could happen to the proposed project; Sun Lake Estates has renters who do not show pride of ownership; and she is a real estate agent in the area so is very aware of what is happening in the community.

Chairman Carlson inquired where Ms. Lawhon's property is located; with Ms. Lawhon pointing out the area on the map.

Commissioner Scarborough stated the property will be developed; and there are some advantages to the current proposal in terms of less homes and preservation of some wetlands. He stated it would be nice to have it come off a major road rather than going through existing roads; and inquired what Ms. Lawhon would like to see as part of the approval process besides more expensive homes. Ms. Lawhon responded they mentioned the area could hold 135 homes, and they are trying to reduce that to 65. Commissioner Scarborough inquired if Ms. Lawhon has visited with the applicant; with Ms. Lawhon responding no. Commissioner Scarborough suggested Ms. Lawhon and Mr. Elliott move to the hallway to discuss the issue and the Board will discuss the item later in the meeting; and if there is a problem, the item can be tabled.

Item 2. (Z0102102) Brevard County, Florida's request for a CUP to permit a light source exceeding an illumination of 50 foot-candles, to permit fixtures which exceed 32 feet in height and exceed 400 watts per bulb in GML and GU zones on 200 acres located on the north side of Canaveral Groves Boulevard approximately 300 feet east of Luciano Avenue, which was recommended for approval by the Planning and Zoning Board.

Parks and Recreation Director Charles Nelson stated he went before the P&Z Board; the field in question is one of the easier ones; it is 600 feet from the nearest property line; the lighting levels are down to approximately .5 within 100 feet of the light post; so they have another 500 feet beyond those, which is well within the limits.

Commissioner O'Brien inquired about parks in District 2.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Item 2 (Z0102102) as recommended by the P&Z Board. Motion carried and ordered unanimously.

The meeting recessed at 6:54 p.m. and reconvened at 7:15 p.m.

Item 1. (Z0102101) (continued)

Ben Elliott stated now that he presented the information to Ms. Lawhon that the existing zoning is a much more damaging use of the property, whereas the proposed TR-1 is a better fit, there is a better understanding and this can move forward. He noted this is just the first step; there are some concerns about the lot; but the final details will be worked out in the preliminary plat portion of the project.

Commissioner Scarborough inquired if Ms. Lawhon is in agreement; with Ronnie Lawhon responding yes, this could possibly be better, and this may not be the time to bring up the issues.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Item 1 (Z0102101) as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 3. (Z0102103) Conard L. Richardson's request for change from AU to RRMH-1 on 1.10 acres located on the west side of Weatherly Place, approximately 580 feet south of Breckingridge Avenue, which was recommended for approval by the Planning and Zoning Board.

Chairman Carlson inquired if the applicant is present; with no response heard.

Rick Enos stated they checked on where the property is relative to the floodplain; the property is sitting on the floodplain line; and half of the property is in the 25-year floodplain and the other half is in the 100-year floodplain.

Commissioner Scarborough advised of a meeting with Henry Dean of St. Johns River Water Management District concerning Canaveral Groves and restricting building in certain floodplain areas; and the St. Johns River Water Management District and County staff will each put together a memo on the subject. He stated since the applicant is not present, it would be appropriate to table it to allow an opportunity to get all the data.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table Item 3 (Z0102103) to April 5, 2001 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 4. (Z0102104) Holloway Enterprises and Hosea Partners, Ltd.'s request for a CUP for a Treatment and Recovery Facility in an IU-1 zone on 10 acres located on the east side of Grissom Parkway, approximately 0.85 mile south of Canaveral Groves Boulevard, which was recommended for approval by the Planning and Zoning Board.

Babette Hankey, Chief Administrative Officer at the Center for Drug Free Living, stated they found a home for the Center's women's residential program on the property being discussed tonight; and advised of other programs being operated in Rockledge and Palm Shores. She stated the Rockledge program is also a residential facility serving boys ages 10 to 14 years old; and advised of the status of the programs which exceed performance measures and outcomes. She stated working with then Senator Kurth and Senator Posey, they came up with a design to develop a campus concept to serve the residents of Brevard County; it would place the primary residential services and allow for potential expansion later for adolescent residential services, non-committed as well as executive offices for administrative staff. She noted because the County is so long, there would still be need for satellite offices throughout the County to provide outpatient services for adults; and Richard Daves has been working with Planning and Zoning as well as meeting with homeowners and community leaders in the area concerning this project. She advised she was out of the country for over a week, and was unable to attend a meeting held last week with the homeowners; the Center is about building partnerships and meeting the needs of the community as well as working to insure the programs that are put in place are the ones that are embraced by the community; and there are advisory committees and boards that are representative of the community. She stated there is a church on the property which is in the building process; a big initiative with substance abuse agencies is the faith initiative, which is supported by President Bush, Governor Bush, and other members; and it is where substance abuse agencies partner closely with faith communities to establish relationships of spirituality as an important part of recovery. She stated the first phase on the ten-acre property will be the women's residential program with children; and the rest of the development, particularly food services and recreation will need to come into play, with the remainder of the development to be contingent upon funds as they come in.

Richard Daves, representing the Center for Drug Free Living, stated the property is on the east side of Grissom Road about eight-tenths of a mile south of Canaveral Groves; pointed out the area on the map; and advised the different colors represent the different phases that the Center wants to put there. He advised of a newspaper interview where he was quoted as saying over 200,000 square feet, but he does not think the Center will ever exceed 100,000 square feet; and the plan is to develop within five years, beginning with the women's treatment facility. He stated this facility would be in addition to the one in Orange County; the Center has also been running a pregnant and postpartum women's treatment program in the County since 1993; it has been successful and continues to receive funding; and 90 to 100 children have been born substance free as a result.

Eric Horst, Center for Drug Free Living, advised he is present to answer questions only.

Ed Coburn, resident of Canaveral Groves, stated he is on the Planning and Zoning Board which voted unanimously to approve the project; and he is also a Guardian Ad Litem working to protect children. He advised of visiting the facility in Rockledge; and stated the Center has been helping people get free of drugs and get their lives back for 30 years; there are no risks, but lots of benefits; the project will help those who need help; and the facility is needed. He inquired, for those who put money over people, what is the Christian thing to do?

Jonathan Melton, resident of Canaveral Groves, advised of his investment in his property and rezoning of his property from GU to AU. He stated he runs a couple of rehab programs in the County; they are licensed and funded by Department of Children and Family Services; and he has served as president, executive director, licensed mental health counselor, and certified addiction professional for approximately 30 years with Alco-Hall, Inc. He stated he is not competing with the Center for Drug Free Living in any way; he is not after any of the Center's funding; but he is concerned about a program of such nature moving to the area. He stated there was a half-way house for boys on the northwest corner of Canaveral Groves Boulevard and Grissom Road that was rejected by the community because of the caliber of the clientele; and while he sees nothing wrong with postpartum drug program for women, there could be people gravitating to the area trying to sabotage the woman's treatment, since they have had a big part to do with the addiction. He stated the zoning is heavy industrial; it is a reach to put in a residential program in a growing residential community such as Canaveral Groves; and he has concerns. He stated at a monthly meeting in Orlando he was told the CUP was going in the industrial park in North Cocoa; but it is almost on the fringe of the driveway into Canaveral Groves; and he is protesting. He stated it is not a case of "not in my back yard"; but there are other places it could be located; Canaveral Groves already has the jails and the prospect of a smokestack; a few years ago they were fighting about a railroad coming through; and the Board needs to be careful what direction it is moving in Canaveral Groves and not be so diversified in the types of things it is sanctioning in that area.

Mary Scattergood stated she has addressed the Board previously about the women's program, and wants to remind the Board of the need for this type of services. She stated she meets people every day who need treatment, but have nowhere to go in the County; the outpatient program gets calls every day from people who need residential treatment; and they are sent out of the County for services. She stated the Center operates quality programs; and the County should welcome the programs into the community. She stated she is the face of hundreds of thousands of people who live in the County who have been affected by drugs and alcohol; her daughter, who was an honor graduate from Satellite High School and a scholarship recipient, died in 1995 of a heroin overdose; there are drugs in every Commission District; and there are people who need the services offered by the Center. She stated the Board of Directors spent a whole year looking for property in the County; the property in question was the best suited for the Center's needs in the price range it could afford; and the decision was made to go to the Canaveral Groves and Grissom Road property. She stated it was not made as a decision to be a dumping station in anyone's community; she would support the program in her neighborhood because the programs are needed in the County; and requested the Board remember all the work done by organizations such as H.E.A.R.T. when considering this item. She stated if addicts are to receive early treatment, services have to be provided; and right now there are no residential treatment programs in the County for drug addicts.

Robert Scorah, resident of Canaveral Groves, stated he supports the Center for Drug Free Living because if the demand is not stopped, it will never be possible to do away with the dealers. He advised of visiting centers in Maryland and the Washington, D.C. area as well as the one in Rockledge; and advised no one in the neighborhood had ever heard of the Center, much less had a problem. He stated at the facility in Rockledge there are only young boys; if anyone is disruptive, they call the police and it is up to the judge and the child whether he continues in the program; and there is financial support from various churches. He stated the classrooms and dormitory are satisfactory; and if such a facility moved next door to him, he would have no concerns. He stated the facilities are needed, and the proposed location is ideal; and there are enough drug users in Port St. John and Canaveral Groves to keep the facility booked, so it should be put where it is needed. He stated his son and daughter who own homes on Angelica Street in Canaveral Groves feel the same as he does, as does Joe Stadnick who faxed each Commissioner a letter.

Kevin Brown, resident of Canaveral Groves, stated this is a deeply troubling issue; no one denies the need for this kind of rehabilitation; but the question is whether this is the right location for such a facility. He stated a health and medical-type facility would best be located near other health and medical facilities; and there are hard questions that need to be asked and answered before the facility is approved in the proposed location. He inquired if this facility is approved, what will come next; stated it will not be just one building dealing with teenage mothers, but a whole campus; and inquired if drug addicts will come to the facility. He inquired if it will be eventually expanded to teenagers and adult users, and what kind of visitors and traffic will be generated by such a facility in a residential area, and what kind of problems will be created. He stated an abortion clinic might be set up next to the facility with its associated problems; and common sense says that is not the right thing and this is not the right place. He stated the Board may hear arguments that there is a need for it in the community, and getting some of those people off the street and into rehabilitation will be a benefit to the community; someone just said there are a lot of addicts in that vicinity, and there are; but there are addicts all over the County, the country and the world; and he is not sure that is a strong argument for locating the facility at this location. He stated he has not seen any evidence that locating a facility in a particular area benefits the immediate vicinity by getting people off the street in that area; if this is the only facility in the County, it will probably have residents from all over the County; and inquired how that will benefit the local community. He stated as far as it being coordinated with the community, there was a meeting last week; he was unable to attend as he was out of town; and one meeting is not adequate to say it was coordinated with the community or that there are partnerships. He requested the Board consider tabling the item; and stated more studies are needed on traffic, what type of police problems may be generated with boyfriends or husbands trying to interfere with treatment, economic impact to the area, and effectiveness of treatment in getting people off the street in the local area. He recommended taking more time on this troubling issue, not acting in haste, and coming to the right conclusion for the entire community.

Abby Brown, resident of Canaveral Groves, stated she sent a letter of protest to all Commissioners; and she is opposed to the drug treatment facility because of the type of people who might be visiting the area, specifically ex-boyfriends, husbands, etc. She stated she is home alone a lot; she has two small children; and this is already an area of concern because of the proximity of the jail. She stated the pregnant women would not be the concern, but the people they might be bringing in; none of the representatives of the Center has said that is not a concern; and that needs more study. She stated another area of concern is the possibility of people driving to the facility on Grissom Road; she drives on that road several times a day; and the last thing she needs is to be hit by somebody on drugs, who will then say they need to be in a treatment program. She stated she and her husband operate businesses in North Brevard; and she hopes the area can stop being a dumping ground. She stated the people want a nice community; but they keep getting things like the jail, the dump, and smokestacks; and to add another place that might bring drug-addicted people into the community is not helping. She stated if the item is not denied, it should be tabled to get answers to some of the questions.

Ann Coburn, resident of Canaveral Groves, requested the Board vote to approve the CUP for this facility; and stated it is a service that is needed and the organization conducts a good operation, with plenty of supervision and no time for the participants to goof off or wander around. She stated if the participants in the program do not comply with the regulations, they are rejected and returned to the environment they came from; and she does not think Canaveral Groves' image will be tarnished by the facility, which will not be in a residential area. She stated she attended the meeting at which staff from the Center answered questions; and the homeowners association mailed notice to all of its members, but only 14 or 15 member households were at the meeting, and not all of them were opposed to the facility. She advised most people who show up for a meeting are those opposed to an issue; and if that is true, less than 20 to 25% of the homeowners association members were opposed to the facility; and if the Florida TODAY figure of 3,500 households is used, the percentage of approval jumps to 99.998%. She stated the reporter from the newspaper apparently did not do much investigation of the issue and spoke only to a few opponents, but not to other residents. She stated a few members from the church attended the meeting; and suggested those members ask themselves what would Jesus do? She advised of drug and alcohol use in Port St. John and Canaveral Groves; and inquired if it is not better to get them into a facility where they can be helped than having them in the neighborhood, robbing and vandalizing. She stated there is a "not in my back yard" syndrome; but the root of the problem is in the neighborhood. She stated the Center has met the County's criteria, and has received a recommendation of approval from the Planning and Zoning Board; and requested the Board not be swayed by those who fear, but separate the facts from the fears and approve the application.

Nicki Kisner, resident of Canaveral Groves, stated she is not representing the homeowners association; she did not make the comments attributed to her in the Florida TODAY article; and the homeowners association does not claim to represent 3,500 households. She stated she understands the need for the programs; she agrees with Commissioner O'Brien that there is a need to rehabilitate people rather than filling the prisons; but her concern is the economic impact on the church plans for the preschool and day care. She stated the expansion of the adult treatment center at this location might have an economic impact on what the church plans to do; and requested the Board consider how their plans may be derailed.

Michael Grant, representing First Christian Church of Cocoa, submitted paperwork; stated he is the preacher at the church, which has some real concerns; and requested the item be tabled because there are many issues to be dealt with. He stated this first came to the Planning and Zoning Board on February 5, 2001, and this is just March 1; there are a lot of issues to deal with concerning compatibility; and the Board has a responsibility to look at the whole community. He stated the church has dreams and visions; the building did not happen overnight; and it has taken hundreds of hours of work from the congregation to get to this point. He stated the church's doors are open to everyone no matter what their background; the church will do anything within its means to help them; but money is an issue. He stated an active growing church needs money for the future to have a quality Christian school and day care; that money is generated by people coming to the church; and as the Board looks at zoning issues, there are a lot of things that are the letter of the law, but there is also the intent of the law. He requested the Board look at the intent of the law, which is more than just the fact that the Zoning Ordinances are being met; and advised of dreams, vision, and goals of the church, and the future depending on acceptance of the church by the community. He requested the item be tabled because of Section 62-1901 in the staff report which comments on impact upon property values abutting residential properties; and recommended the County hire an economic advisor to do a detailed study on how the granting of the CUP could possibly reduce the value of the present facilities and businesses as well as future businesses. He stated if the community will not attend the church's programs, the church will suffer a great financial loss, and that needs to be recognized; the church is not a business; it is not easy to move a church and a congregation; and the church needs time for an appraisal to show how the proposed facilities might impact on property values. He stated there are also safety issues; and commented on a report showing things that have taken place. He requested the Board look at the safety issues; and reiterated his request for the item to be tabled. He stated the third reason to table the item is to look at the financial impact; and commented on effects on insurance and requirements that might be placed on the church. He stated the church has real concerns over the Center for Drug Free Living's plans; the information in the staff report states it will be for 50 pregnant women; but at the informational meeting, Mr. Daves talked of future plans for 125 residents, even though there is only presently funding for the first number. He stated the plan is for a very large facility, starting with pregnant women, but moving to adults; and some of these issues are a concern for the surrounding community. He requested the Board examine the evidence and the issues. He stated representatives of the Center said 50% of the people are court-mandated; and many of them do not come from this community.

Maureen Rupe, Chairman of the Natural Resources Committee of the League of Women Voters, stated the League is concerned that there may be the possibility of scrub jay habitat and gopher turtles on the property. She stated she is also a member of the Partnership for a Sustainable Future, which asks whether it would be more prudent for this item to be tabled until the applicant has contacted the U.S. Fish and Wildlife Service and other proper authorities concerning the presence or absence of scrub habitat and scrub jays, gopher tortoises, and indigo snakes; and requested the Board ask for an assessment of impact to aquifer recharge, and that any zoning changes include necessary protection for recharge. She stated as an individual, she hopes the applicant is aware of the environmental concerns and the cost of mitigation; and requested the Board table the item.

Carmine Ferraro, speaking on behalf of the First Christian Church of Cocoa, stated he is a professional commercial real estate developer; he would like to speak about compatibility; and the item should be tabled. He stated the zoning for the property is IU-1, but a church is considered a GU classification; the appearance may be that there is compatibility in terms of a buffer; but the bigger question may be to ask about compatibility of use. He stated two years ago, the Board approved Port St. John Center, which is a commercial subdivision; and through the process the Board found that some uses were not going to be compatible even though there was compatibility in the Zoning Code and an actual buffer from residential to commercial. He stated there were approximately ten uses within that particular zoning classification that they agreed they would not develop; and the main reason was because it was going to adversely affect the residents economically. He requested the Board consider this tonight; stated there may be a bigger question that needs to be considered in terms of use compatibility along with the zoning classification compatibility; and there may be some uses that could cause adverse economic impact.

David Arneson, resident of Canaveral Groves, complimented the Board on the landfill, which is an outstanding example of what can be done when a landfill is operated properly. He stated when it became common knowledge that the Center for Drug Free Living was looking for space in this area of the County, he and two other members of the Canaveral Groves Homeowners Association visited the facility at Rockledge where they have boys from 10 to 14; and advised of their visit and the program being operated there. He stated there are no bars or fences; the residents could walk away any time they chose to, and on rare occasions they have; but those who complete the program leave with the tools to help them lead better lives. He advised of his daughter's addiction problem, her treatment in a residency program, and her present status as mother of three and productive member of society; and stated he will be eternally thankful to the private non-profit drug treatment program that helped her regain her life. He commented on the noble professions of health care workers, educators, and members of the clergy; stated addiction has become more of a problem throughout the country, and certainly in Brevard County; and whether the location is most ideal or not and whether the item should be tabled or not are the Board's decisions, but the problems are not going to go way.

Ronnie Lawhon, resident of Canaveral Groves, stated she did not receive notice of the rezoning of the trailer park discussed earlier or this item.

Commissioner O'Brien explained that only the people within 500 feet of the property line are notified by the County, although if Ms. Lawhon is a member of the Canaveral Groves Homeowners Association, she may have received notice like that.

Ms. Lawhon stated she is within a mile of the property; and expressed concern about what is happening in the community. She stated a comment was made that the facility would be good for the community; and she disagrees with that statement. She stated as a real estate agent, she is familiar with the questions she must answer with the proximity of the prison and the landfill; and commented on the previous experience with a facility at the BP Station location. She stated she has spoken to her neighbors; she knows there was theft; and she disagrees with this process.

Kurt Van Dyke commented on the opinion of a single person and one vote counting; and stated there has not been enough consideration to make a decision this evening. He stated he did attend last week's meeting, and did not get satisfactory answers to his questions. He stated he asked for basic statistics covering crime and risk assessment, and did not get answers from those people who claim to track the people who go in and out of the Center; and expressed concern about impact of crime, increase in crime, safety, and economic impact. He requested emotions be dropped from the consideration; and stated it comes down to two basic issues. He stated there has not been an impact study; and it is premature to make the decision without an impact study of economic growth of the area and the possibility of crime.

Thomas Chiuchiolo, Chairman of the Board for the Brevard County Center for Drug Free Living, advised of the reasons for his involvement with the Center; and stated he and his wife have been volunteering their time for approximately two years. He stated he is impressed with the facility and the structure of the program; and he has been impressed by the people going through the program and their view on how the Center has helped them in their lives. He advised of other volunteer work as youth counselors and Boy Scout counselors; and stated he and his wife are in touch with the youth of the community, and realize that drugs are a big factor in the community. He stated they looked for programs where they could volunteer their time to mitigate some of the problems of the community; he has been involved with the Center in a more direct way since July; and through that experience, he has been in touch with staff from Orlando and from Osceola County. He stated he is a member of the corporate board; his experience with the operation of the organization has been professional; and advised of the meeting with the homeowners association last week. He stated he expected resistance to the program; communities are emotional about these types of programs; and what he saw at the meeting was a lot of emotion based on fear. He stated one of the reasons he became involved with the Center for Drug Free Living is that he is a Christian; the Christian perspective on religion is to carry the message outside to reach the people who need it; and the Center's program reaches out. He stated there is a lot of concern about residential programs, but the Center also has reach-out programs; and advised of partnerships with the Police Athletic League and programs for family enrichment. He stated he sympathizes with the fear; he is also a homeowner; and he would not want something to move in that would cause him to fear that his property would be damaged; but he also has fear about the drug problem. He stated the Center for Drug Free Living is not in the business of bringing problems to the community; it is bringing solutions to an existing drug problem; and commented on people being shot, young people losing their lives, and families being destroyed because of drugs. He stated he wants to see solutions come to the community; he is afraid of what is going to happen if those solutions do not come; and he welcomes the Center for Drug Free Living into the County, and would do so if it was moving in across the street from his home.

Laura Begault advised she has a Ph.D. in psychology, and has worked in the field of mental health and substance abuse for approximately 15 years; and she has been a member of the staff of the Center for several months. She advised she has seen similar programs in New York and North Florida; and she is very impressed with what the Center does with the people who are there. She stated the people who oppose the Center moving into the Canaveral Groves area have a fear of what might happen; what might happen is uncertain; she hears economic and security concerns; but inquired what will happen if drug addicts are left untreated. She stated if left untreated, crime will continue; the crime happening now is considered to be random events; but invited the public to look at the crime, the drugs, the babies being born with substance dependence problems as a result of the substance abuse and dependence of their mothers, people killed as a result of drug wars in Cocoa, and disruption of the community. She stated it is not a set of random events; it is the systematic destruction of the community; and what the Center is offering is a systematic solution to these problems.

Babette Hankey stated the Center for Drug Free Living has been providing quality services for 30 years throughout Central Florida; all of the programs are measured within outcome objectives as well as with regard to the services that are provided; and advised of the phased plan for the property. She stated the next pressing need has been identified as adolescent residential services, but there are no funds for that right now; the Center provides services to residents of Brevard County at facilities in Orange County; and those people come from all areas of Brevard County, so the problem is dispersed throughout the County. She stated the Center has been able to expand and replicate its program based on the success; the pregnant postpartum program has been operating in Orange County for seven years; and commented on the success of the program and the minimum number of incidents involving boyfriends or others who might have issues with the residents. She stated based on the success of the Orange County Program, it has been expanded to Osceola County; it is similar to the program that will be on the property; and described the Osceola County facility. She stated the facilities are in neighborhoods; and they are close to the faith community, citizen community centers, Boys and Girls' Clubs, and YMCA's. She stated in some communities, the pregnant and postpartum women and infants are within five steps walking distance from the front door into communities where there are volunteers who come to the programs as well as serving on advisory boards. She stated the Center is a success because it brings the community together; there are advisory boards to help with planning for the needs of the community; and commented on outcomes. She submitted a package concerning the women's program, which clearly delineates the outcomes and successful completions, including mothers who have regained custody of their babies and number of women who have been through the program. She stated in a residential setting the traffic is minimal; the residents live onsite; and other than weekend visitors, if the resident is granted a weekend visitor pass, there is not a lot of traffic. She stated the women's average length of stay with their children is ten months; so with a 15-bed facility, there is little traffic. She stated the Center's outcomes have been exemplary; as a result of the Governor's Drug Control Strategy, there has been talk about the need for expansion of these services; and the Center has received support on the local, State, and national level. She advised of being called to testify in front of the House and Senate Budget Committees concerning the array of services provided by the Center. She stated the boys' program that some of the residents had the opportunity to visit is one of the State's exemplary programs, and has received the highest status after review by the Juvenile Justice Board. She noted the Center is reviewed by all its funding sources; it has over 57 pages of program outcomes it must meet to show it is serving the needs on a cost efficient and productive basis; and safety is a number one concern. She stated she has two small children, and does not want to have them grow up using drugs or being involved in crimes.

Commissioner Colon stated the best thing to do is table the Item; there are concerns and fear; and recommended educating the community. She stated if it is proven that the safety factor is not there, the Board's decision is whether it will be compatible with the community; she hears that there is an issue of quality of life and keeping the integrity of the community; and if these things are not met, even though the issues of the Center are close to her heart, the decision will be hard. She stated the people have questions concerning number of beds, traffic, and how restricted it will be from people coming in; and these are legitimate questions. She stated it has nothing to do with whether it is a great program or not; she is very sensitive to the things that Ms. Hankey has spoken about because she works closely with Human Services; and the item should be tabled to allow an opportunity to get answers to the questions, and if they are not answered in a way that the community finds acceptable so the fears go down, then there is a problem. She suggested moving slowly; stated when someone buys a home, they do not expect anything to come into the area that will be detrimental to them, although she is not saying the Center is detrimental; and the fears need to be addressed.

Commissioner O'Brien stated as a community, the County allows mostly naked women to dance in buildings along its highways; inside those buildings people are selling and using drugs; and there is prostitution and other things that are bad; but the community is not lined up to protest this. He stated the jails are crowded with people who have a drug problem; most often they are there for non-violent crimes; and jail is not the answer. He advised of his brother's daughter's drug problem, treatment in a rehabilitation unit, and present drug-free status; and stated the problem is there are not enough units to take care of the problem. He advised of a neighbor who grew up with his son, developed problems when he was 15, was in jail for a period of time, finally received treatment, and now is a productive adult; and stated treatment is the key to success as a community. He stated taxes would come down if it was possible to make the jail less crowded; the County should stop trying to build more jails, and build more treatment facilities instead; and it is not the location everyone is worried about, but security and safety. He stated he is sure that issue can be resolved; Tom Chiuchiolo said the Center is bringing solutions to the community, not problems; and the community includes the entire County. He stated he wishes other facilities would be built in other areas of the County because the problem is so prevalent; 15 to 20% of the people in the room know someone who is on drugs or has a child who has a drug problem; and it is a huge problem for the community. He stated if he had a daughter who was pregnant and on drugs, he would pray for a facility like this so that at least the baby, the innocent victim, would be born free of drugs; and with the unit being in the community, he would be able to visit. He stated he is a big supporter of this kind of facility; the County needs five to ten more facilities to help save young people; and unless the Board does something brave tonight, people may be robbed or beaten up by people wanting money to buy drugs. He stated it is not just a problem in Cocoa or certain parts of Melbourne; it is in every area of the County; and people are getting mugged at K-Mart and at Merritt Square Mall because people who are on drugs want money.

Commissioner Higgs inquired what is the current zoning of the property; stated it is her understanding the property has a IU-1 zoning and a PIP land use; and inquired what are the permitted uses that could be constructed there and how long has the industrial park been there. Mr. Enos responded the property has been zoned IU-1 at least 20 years. Ms. Sobrino stated IU-1 would permit all the uses that are permitted in BU-1 and BU-2 such as retail commercial establishments and non-retail commercial establishments, including mechanics and auto body shops. Commissioner Higgs inquired if those activities would be outside; with Ms. Sobrino responding the BU-2 would permit outside storage. Ms. Sobrino noted IU is also light industrial, so there are uses that would be permitted with conditions; and there would be some standards associated with development of the property with buffering or minimum site size. Commissioner Higgs inquired if the things that could be done now are the uses in BU-1, including outside automobile work and outside construction-type activities; with Ms. Sobrino responding yes, and IU-1 is the most intensive zoning classification. Commissioner Higgs inquired if a cement plant could be put there; with Ms. Sobrino responding affirmatively. Mr. Enos advised the parcel is designated PIP; the item after this one is a downzoning of the property to PIP; so even though the answer to the question was correct, the property should really be zoned PIP, which would not allow a concrete plant, but would allow many other cleaner industrial uses as well as commercial uses. Commissioner Higgs inquired if for the purpose of the hearing tonight, the Board should assume the IU-1 use as what could be done; with Mr. Enos responding the PIP use, although the property has been zoned IU-1 since 1981. Commissioner Higgs inquired if there are IU-1 uses abutting this property; with Ms. Sobrino advising it is zoned IU-1, but appears to be undeveloped at this time.

Chairman Carlson stated she agrees with Commissioner O'Brien; she supports the facility and always will; but there are some issues that need to be ironed out; and the Board should give the community an opportunity to do that.

Commissioner Scarborough stated the Board reflects the community; well-respected people from Canaveral Groves have spoken on both sides of the issue tonight; and no one disagrees with what Commissioner O'Brien said. He stated there is a need for these facilities; the question is not whether there should be facilities to handle the problems; it would be like asking about putting a needed hospital into the middle of a residential neighborhood; there are different issues; and the Board is compelled to follow the Ordinances. He stated the decision has to be based on criteria; and Ms. Rupe brought up some environmental issues he had not even gotten into. He commented on the church, price of the land, and value of what is coming onto the property. He stated there could be a diminution of value because there would not be a viable operation if there was an incompatible activity next door; and that can be analyzed by an economist to some extent better than a realtor because the realtor would be looking at market values. He stated he has a law office; if somebody put in a bar next door, the value of his property might go up; but his clients might decide they did not want to come to an attorney next to a bar; so he would have the option of having a reduction of income or having to move. He stated the church is saying there is a relevance to what is being discussed; as the Board discusses the issues it should further define the activities and the risks; and distributed a copy of a Rockledge police report. He stated in tabling he would like to see two things occur; one is the dialogue that Commissioner Colon suggests; and second, the Board should proceed with hiring of the appropriate person to do the analysis based upon that one portion of the Code that deals with impact on values. He inquired how long would staff need before it could come back with information; with Mr. Enos responding it would depend on how long the hiring process takes, and whether it has to go out for bid. Mr. Enos suggested tabling for 90 days. Commissioner Scarborough stated he will make a motion to table for 90 days; and he will include any other items staff finds relevant as he does not want to come back and have to table again.

Motion by Commissioner Scarborough, to table Item 4 for 90 days.

Commissioner Higgs stated the Board has not raised scrub issues in regard to zoning; they are permitting issues; and while wetland and flooding issues are zoning issues, they have not been raised. Commissioner Scarborough indicated he does not want to touch on non-traditional zoning issues. Commissioner Higgs stated she has not heard testimony tonight that would compel her to deny this; she is interested in seeing other information, if there is any; but the testimony tonight would not raise the level for denial of this facility. She stated the zoning in the BU-2 area is extremely intense; people in the neighborhood are aware of what is in the industrial park; and what is being proposed would not be more detrimental to the neighborhood than what would be in industrial zoning. Commissioner Scarborough stated that has to be taken into consideration in the analysis. Commissioner Higgs stated the Board is not just looking if this would be detrimental, but whether the new zoning as compared to the present zoning is going to be detrimental; and she is interested in seeing statistics, but does not want to go 90 days or hire an economist instead of a real estate appraiser. Commissioner Scarborough stated the problem with the real estate appraiser goes back to the law office issue; there could actually be an increase in the value of the property, but an economic loss; the capacity to do a certain business may be diminished by having concrete next door; and this is something that needs to be analyzed in a more technical sense. Commissioner Higgs inquired if the tabling could be shortened by getting back an initial report from appraisers who are currently under contract. Commissioner Scarborough stated the Board could get strange results; with Commissioner Higgs advising the Board has gotten strange reports from economists as well. Commissioner Scarborough stated if a bar moved next door to his law office, the value of his property might increase, but he would have an immense economic loss because he would not be able to operate his office due to incompatibility; he would have to move, which could cause loss of clients; and the loss would be more than just the buying and selling of land. He stated that may be part of it; but this is not just dealing with a piece of land, but the long-term commitment of a church's program to a certain location; and inquired if the church decides to move, who will buy a church. He stated the property may result in a loss because there is abandonment, but it is a little more complex than just comparing two properties; and he is concerned about having that type of result. Commissioner Higgs stated there is an economist under contract doing some other work; and inquired if he could be used so it will not take 90 days. Commissioner Scarborough indicated he would be willing to expedite. Commissioner Higgs suggested tabling for 60 days.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table Item 4 (Z0102104) to May 3, 2001.

Chairman Carlson inquired if this is the first area where the Center has considered putting a cluster of facilities in one place; and have studies been done in other areas. Ms. Hankey responded in Osceola County, there is a campus on ten acres in the Intercession City area that has been operating for several years. Mr. Daves stated this is the first time they have had the opportunity to do a campus application; they are trying to get some economies of scale; and separate programs has a much higher overhead. Chairman Carlson inquired if there have been any studies about the impacts to the communities, such as in Osceola County where there is a campus environment. Ms. Hankey stated she will see if they have that information, and if they do, will bring it to the Board.

Commissioner Colon stated she hopes staff will arrange community meetings so everyone can get together, the sooner the better; if anyone has questions, that will provide an opportunity to get the data; and staff can become a mediator to expedite this.

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

Chairman Carlson inquired if Commissioner Scarborough will be helping with the organization of this; with Commissioner Scarborough responding he will be glad to.

Item 5. (Z0102105) Brevard County Board of County Commissioners on its own motion authorized administrative rezoning on property owned by Holloway Enterprises and Hosea Partners, Ltd, pursuant to Future Land Use Policy 10.2, in initiating a change from IU-1 to PIP on 10 acres located on the east side of Grissom Parkway, approximately 0.85 mile south of Canaveral Groves Boulevard, which was recommended for approval by the Planning and Zoning Board.

Zoning Official Rick Enos stated this is the same property that was the subject of Item 4; it is an administrative rezoning from IU-1 to PIP; the current land use designation is Planned Industrial Park; and Policy 10.2 of the Future Land Use Element directs staff to bring such administrative rezonings to the Board as part of a development order request.

B. B. Nelson inquired if the landowner made the application; with Mr. Enos responding no, it was staff initiated. Mr. Nelson stated Mr. Enos reported to the group a few moments ago that the property was already zoned PIP; with Mr. Enos responding that was not what he said.

Chairman Carlson stated the discussion was based on what the Board should be considering as far as uses; the property was going to be administrative rezoned in the next item; so what the Board was looking at was PIP, even though it had not yet taken the administrative action.

Commissioner Higgs stated Mr. Enos said the land use was PIP, but the zoning was IU-1. Mr. Nelson stated the land use has been IU-1, heavy industrial. Commissioner Higgs advised the land use is planned industrial park. Mr. Nelson stated the landowner has never applied or been notified that the Board was going to do this; the whole area is an industrial park; to upgrade it to a women's treatment center would be a positive move; and he does not want any more adult entertainment that the Board approved. He stated the Board decided to put all adult entertainment in Cidco Industrial Park; and Commissioner Scarborough supported it; with Commissioner Scarborough disagreeing. Mr. Nelson stated he has a copy of the minutes; the Board put in adult entertainment over the people's objections; a treatment center would be an appropriate use of the property as a buffer between church and heavy industrial zoning; and he appreciates the ones who recognized the need and supported it. He stated he resents staff submitting something like PIP at the last minute without notifying the landowner; the County keeps taxing without giving any services; and requested the Board consider if it is going to tax that services be provided.

Commissioner Scarborough stated when there is a land use, regardless of the zoning, the land use prevails; so even though the property has not been rezoned to PIP, for all practical purposes, it is PIP; and even if the Board denied this, it could not be used for anything but PIP. Mr. Enos stated he does not think the Board can deny this. Commissioner Scarborough stated the Board is trying to correct the records to show the zoning as being in conformity with an action previously taken where notice was sent to all the appropriate people. He inquired if the Board ever voted in favor of putting adult entertainment into Cidco Park; with Mr. Enos responding no. Mr. Nelson advised there is adult entertainment there now. Commissioner Scarborough stated the court overturned the action of the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 5 (Z0102105) as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 6. (Z0102201) Ennis Properties, Ltd.'s request for change from BU-1 to BU-2 on 0.358 acre located on the southeast corner of Azalea Avenue and Cone Road, which was recommended for approval by the Planning and Zoning Board.

Robert Ennis advised of going before the Planning and Zoning Board to request change from BU-1 to BU-2, described the area, and requested rezoning to allow him to put a commercial building on the southwest corner of Azalea Avenue and Cone Road.

Commissioner O'Brien stated this is in line with what is by the airport.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Item 6 (Z0102201) as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 7. (Z0102202) Sea Ray Division of Brunswick Corporation's request for a CUP for Additional Building Height of 30 feet over the maximum of 45 feet (total height 75 feet) in a PIP zone, replacing the existing CUP for Additional Building Height (60 feet) and removing the existing CUP for a Temporary Security Trailer on 37.8± acres located on the north side of Lambert Road, approximately ½ mile west of Banana River Drive, which was recommended for approval by the Planning and Zoning Board for a Conditional Use Permit for a 75-foot stack only, and applicant retaining CUP for Additional Building Height on all other structures.

Commissioner O'Brien stated the Department of Environmental Protection has requested they put in the smokestack; Attorney Leonard Spielvogel and he have discussed this; the building height is currently 60 feet; they want to put a smokestack to 75 feet; DEP is making the request through Sea Ray Boats; and the recommendation of the P&Z Board is approval.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Item 7 (Z0102202) as recommended by the P&Z Board.

Commissioner Higgs stated she met with the officials from Sea Ray Boats, and this is in line with the DEP request; and it is a good air quality measure. Chairman Carlson, and Commissioners Scarborough and Colon stated they also met with Mr. Spielvogel and the people from Sea Ray Boats.

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

Mr. Enos inquired if the intent of the motion was to match the P&Z Board recommendation, which had some limitations on the height; with Commissioner O'Brien responding affirmatively.

Item 8. (Z0102401) Donald N. Molitor, Trustee's request for a CUP for Towers and Antennae in a BU-2 zone, replacing the existing CUP for a 430-foot tower on 17.67± acres located on the south side of Parrish Road, 640 feet west of Range Road, which was recommended by the Planning and Zoning Board to be tabled to the April 9, 2001 Planning and Zoning meeting, with reprocessing fee required.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Item 8 (Z0102401) to April 9, 2001 Planning and Zoning meeting, with reprocessing fee required. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TABLED PLANNING AND ZONING BOARD RECOMMENDATION
OF JANUARY 8, 2001

Item 9. (Z0101403) State of Florida Department of Transportation's request for a CUP for Towers and Antennae in an AU zone on 0.07± acre located at the northwest portion of the intersection of I-95 and Wickham Road in the FDOT right-of-way, which was recommended by the Planning and Zoning Board to be tabled to the May 7, 2001 Planning and Zoning meeting, with reprocessing fee required.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Item 9 (Z0101403) to May 7, 2001 Planning and Zoning meeting, with reprocessing fee required. Motion carried and ordered unanimously.

Item 10. (Z0010502) The County Line of Brevard Inc.'s request for change from TU-2 to BU-1 with a CUP for Permanent Commercial Entertainment and Amusement Enterprises and retaining the existing CUP for Alcoholic Beverages for On-Premises Consumption on 2.71 acres located on the northeast corner of I-95 and US 192, which was recommended for approval by the Planning and Zoning Board.

Commissioner O'Brien inquired if Mr. Benninger is going to hold rodeos in his parking lot; with Kelly Benninger, President of County Line of Brevard, Inc., responding no, bull rides, and they want to limit it to bulls.

Mr. Benninger stated they are not putting this together as a main source of entertainment; it is not like a World Championship bull ride where they are going to attract 15,000 people; and it is just a side show for the patrons. He stated they bring in 15 bulls; they want to do it once a month; they take in 20 professional bull riders; and it is just a side show so patrons can go outside and watch some bull riding and go back inside. He stated it keeps the place interesting; and they do it at Eight Seconds in Orlando. He stated the bulls never stay overnight; they open at 7:00 p.m.; the bull riding starts at 9:30 p.m., and never goes later than 11:30 p.m.; and the bulls are loaded on vehicles and removed immediately.

Chairman Carlson inquired how long has County Line been doing this, noting the pens are all set up. Mr. Benninger advised they have had six bull rides under special permits. Zoning Official Rick Enos stated under the special event permit, there can only be six events maximum.

Chairman Carlson inquired if there have been any problems since the bull riding started; with

Mr. Benninger responding they have law enforcement and ambulance service present when they do it; and there were no complaints from adjacent property owners about sound and lighting. Chairman Carlson inquired if this is approved, is there sufficient parking; with Mr. Enos responding because this is a change of use from the current use, and because they are using part of the parking lot, they will need to do some redesign of parking and meet new standards; and if the Board approves this, it should be done conditioned upon them going back through the site plan process. Mr. Benninger advised they purchased another acre and a half, which the Board approved for a full rodeo, for overflow parking; this week he has been getting things signed off to get the overflow parking approved; and as soon as he puts in swales on the edge of the parking area, it will be approved. Chairman Carlson inquired if the parking is north of the property; with Mr. Benninger responding yes.

Commissioner Colon stated Mr. Benninger is already doing this once a month; and inquired how many special event permits are allowed; with Mr. Benninger responding he has already done as many as are allowed. Commissioner Colon inquired if Mr. Benninger has already done six events; with Mr. Benninger responding yes. Commissioner Colon inquired how can the Board be assured this will only be once a month; with Mr. Benninger responding it can be included in the CUP; and explained why it would not be to his advantage to do it more often. Mr. Benninger stated they do not want to do concerts, beer festivals, or carnivals outside; and they are only interested in having bull riding once a month.

Commissioner Colon read aloud a letter from the residents of Brandywine expressing concern about adverse effect on quality of life, traffic, increase in drunken drivers, and noise. She stated she wanted Mr. Benninger to know about the concerns of how huge the event could become; and Mr. Benninger has said he has the capability of putting in more parking and so forth. Mr. Benninger stated he is not looking to increase occupancy; the occupancy is 800; the bull rides attract 600 to 750 people, which is the same as they attract on a Saturday night; and as he said earlier, they are not looking to attract 1,500 people. He stated when the owners were trying to get the rodeo grounds behind him approved, Brandywine disapproved; but Brandywine is almost two miles away across I-95. He stated he is not putting in a full rodeo area, just a bull ring; it is not a permanent structure; he can take it down in one day; and described the area for the event. Commissioner Colon inquired if Mr. Benninger would agree to just have it once a month and keep it the same kind of event; with Mr. Benninger advising he would not change it or ask for more than once a month. Commissioner Higgs inquired if Mr. Benninger would agree to limit the hours; with Mr. Benninger responding yes, it would never run past midnight. Commissioner Higgs suggested ending at 11:00 p.m. and the event lasting no more than two and one-half hours; with Mr. Benninger responding he has no problem with that. Commissioner Higgs stated it is limited to the bull riding event, outside in the parking lot, in the area designed in the west segment of the property; with Mr. Benninger responding that is the only place it will ever be. Commissioner Higgs noted it is the only event the Board would be approving; with Mr. Benninger responding it is the only one he wants approved.

Chairman Carlson inquired if the property to the north is rezoned for a rodeo; with Mr. Benninger responding it is already BU-1, and when they purchased the property, it was already rezoned for a full rodeo arena. Chairman Carlson inquired if there is a plan for a rodeo there; with Mr. Benninger responding no. Mr. Benninger stated the plan for County Line is to one day sell it and turn it into a motel.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Item 10 (Z0010502), limited to outdoor bull riding event only on the described area on the west segment of the property, no more than once a month, no later than 11:00 p.m. and no longer in duration than two and one-half hours, with site plan review by staff for the parking. Motion carried and ordered; Commissioner Colon voted nay.

ACKNOWLEDGE RECEIPT, RE: BREVARD COUNTY HOUSING FINANCE AUTHORITY
FINANCIAL STATEMENTS FOR FISCAL YEARS ENDING SEPTEMBER 30, 1999 AND
SEPTEMBER 30, 2000

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to acknowledge receipt of Brevard County Housing Finance Authority Financial Statements for Fiscal Years ending September 30, 1999 and September 30, 2000. Motion carried and ordered unanimously.

Upon motion and vote, the meeting was adjourned at 9:08 p.m.

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SUSAN CARLSON, CHAIRMAN
ATTEST: BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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