MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

April 30, 1998

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 30, 1998, in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs and Mark Cook, Community Development Administrator Peggy Busacca, and Assistant County Attorney Eden Bentley.

The Invocation was given by Chairman Helen Voltz, District 5.

Commissioner Mark Cook led the assembly in the Pledge of Allegiance.

Commissioner Higgs stated people are continuing to raise issues regarding the North Brevard Hospital District, but she is only getting one side of the picture; and being in the south end of the County, she does not hear it on a day-to-day basis. She inquired how the Commission could get more knowledge and the full story; and if Commissioner Scarborough would consider the Board inviting the Parrish Medical Center Board or a representative of the Board to have a short workshop with the Board of County Commissioners to talk about what they are doing and what their plans are. Commissioner Scarborough stated the Parrish Medical Board would welcome the opportunity to have a joint meeting with the Board of County Commissioners; and suggested it be held in the North Brevard area. Commissioner Higgs advised the schedule on workshops is tight, and suggested it be scheduled the same day as another workshop since the Board would already be at Viera and would not have to wait months to hold the workshop. She suggested the Board hold the workshop in the same manner as all other workshops. Commissioner Scarborough stated the Board needs to decide if it wants the Hospital Board to come to Viera, send their staff, or have a joint meeting.

Commissioner Higgs stated she is interested in a meeting so the Board can get a balanced picture. Commissioner Scarborough advised County Attorney Scott Knox could come back with a report, and all the Commissioners could think about how they want to proceed with this. He stated Mr. Knox can put a memo together and copy Harry Jones, the Attorney for the Parrish Medical Board.

Chairman Voltz advised Kathy Wall, Budget Director, would like to change the budget workshop from May 7, 1998 to May 28, 1998.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to reschedule Pre-Budget Workshop from May 7, 1998 to May 28, 1998. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider the Planning and Zoning (P&Z) Board?s recommendations of February 5 and April 6, 1998, as follows:

Z9801201. Gloria Godinez Garcia and William J. Hampton?s request for change from AU to RR-1 to allow for one-acre lots on 10.4 acres located on the north side of Crisafulli Road, approximately 0.10 mile west of S.R. 3, which was approved by the P&Z Board on February 5, 1998.

Doug Robertson, representing the applicants, stated at a previous meeting there was some concern raised by other property owners in the area that one-acre lots were too excessive for the area; so he met with the owners who agreed to request six single-family homes on the 10 acres.

Darlene Hunt advised Mr. Robinson and his clients did agree to come up with a Binding Development Plan to not go more than six units on the 10-acre parcel. She stated it would be fine to grant the request with the Binding Development Plan.

Zoning Official Rick Enos recommended Mr. Robinson agree to a Binding Development Plan, and state that for the record. Mr. Robinson stated his client has agreed to limit the density to six units on the 10-acre parcel with a Binding Development Plan.

Commissioner O?Brien stated the project is compatible with the adjacent properties, the Comprehensive Plan, and the Future Land Use Plan.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to approve Item Z9801201 as recommended by the P&Z Board, with a Binding Development Plan limiting the density to six units on the 10-acre parcel. Motion carried and ordered unanimously. (See pages

for Resolution and Binding Development Plan.)

Item 1. Sandra G. Pierini?s request for a change from GU to ARR on 1.26 acres located on the south side of Desert Sands Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 2. Philip E. and Marie A. Pickle?s request for a change from AU to ARR on 1.038 acres located on the north side of Breckinridge Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

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

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF FEBRUARY 5, 1998 AND APRIL 6, 1998 (CONTINUED)

Item 3. Rosemary Graham?s request for a change from AU to ARR on 1.02 acres located on the east side of the southern terminus of Weatherly Place, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 3 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 4. R. W. Kirk, Trustee?s request for a change from AU and RR-1 with a Binding Site Plan and SR to all SR with no BSP on 37? acres located on the east side of Sisson Road, south of Little League Lane, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 4 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 6. Johnny L. Canada?s request for a change from AU to RR-1 on 2.6 acres located on the south side of Orlando Avenue, east of U.S. 1, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 6 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 5. Rex D. and Peggy J. Conner?s request for a change from AU to RR-1 on 8.99 acres located on the southeast corner of U.S. Highway 1 and Grantline Road, which was approved by the P&Z Board.

Patrick Conner, representing Rex D. and Peggy J. Conner, stated they revised the original zoning request and are only interested in rezoning approximately the north 3 acres. He stated there were concerns at the P&Z meeting with scrub jay and possibly some wetlands, so they have contacted the Fish and Wildlife Service which indicated the development of the property is not likely to impact scrub jay, and may proceed without further involvement from their office.

Margaret Reichle advised of her opposition to the rezoning request, based on the possibility of wetlands on the property, gopher tortoises, and indigo snakes.

Patrick Conner stated he can appreciate the concerns of development and encroachment of people on the wildlife areas, but as a Realtor, he knows the County needs homes for people who are moving into rural areas. He stated the parcel is 8-1/2 acres, 5-1/2 acres of which the adjoining neighbor purchased so it would remain in its natural state. He stated the 5-1/2 acres he purchased encompassed the low area which Ms. Reichle speaks of; and the balance of the property are three nicely developable 1-acre lots. He stated it complies with the Comprehensive Land Use Plan; and requested it be approved.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF FEBRUARY 5, 1998 AND APRIL 6, 1998 (CONTINUED)

Commissioner Higgs advised the map of the property shows a large wet area. Commissioner Scarborough stated he would like to meet with the people to discuss the problems, so he would like to table the item to the next meeting.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table Item 5 until the May 21, 1998 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 7. Jenney Properties, Ltd.?s request for a change from IU to IU-1 on 2.98 acres located on the south side of Cidco Road, west of East Industry Road intersection, which was approved by the P&Z Board.

Commissioner Higgs stated there are wetlands on the property, and the Comprehensive Plan does not allow commercial-industrial development in wetlands.

Al Jenney, representing Jenney Properties, Ltd., stated 20 years ago they bought 3 acres, and since then have cleared 2-1/2 acres. He advised the building located on the site is the shop facilities, which is 16,000 square feet. He stated approximately 1/2 acre is not cleared; and there may be some wetlands there, but he is not sure since it is grown over with vegetation. He stated there is a retention pond on the property they were required to put in; they have no intentions of developing that portion or doing anything with that part of the wetlands, just the portion that is their shop, and the surrounding area around the shop; and they do not intend to change any wetlands, just the zoning for the area where they do their work.

Chairman Voltz inquired if they can do their work outside; with Mr. Jenney responding they can do some of the work outside. Chairman Voltz inquired if they were planning to build a huge building on the property; with Mr. Jenney responding they have no plans to build another building at this time. Mr. Jenney advised when they bought the property, it was a requirement that the property be 300 feet wide in order to be IU-1, and since then it has to be 200 feet wide; and they now comply with that requirement and would like to have the IU-1 zoning.

Commissioner Scarborough stated a big piece of property could have some wetlands; and he has received nothing from staff that shows there is a profound problem with wetlands. Commissioner Higgs stated the staff report stated the land is 50% functional wetlands.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 7

as recommended by the P&Z Board. Motion carried and ordered; Commissioner Higgs voted nay.

Item 8. J.J.K. LC Company and Heinz Knobel?s request for a change from SEU with a CUP for horses and barn, and a CUP for a heliport to AU retaining existing CUP?s on 15.7 acres located both sides of South Tropical Trail, south of Tequesta Harbor Drive, which was denied by the P&Z Board.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF FEBRUARY 5, 1998 AND APRIL 6, 1998 (CONTINUED)

Heinz Knobel stated the reason for the request is they have two pigmy goats that are three years old, and have lived on the property for three years illegally; someone called the Code Enforcement Office; and they told him he must rezone the property in order to keep the goats. He stated the goats are pets for his children; his neighbors feel their property values will be lower because of the change in zoning; but that is not true because of the way he maintains his property. He advised mango trees are scarce on Merritt Island, and he planted 200-300 trees two to three years ago; and he would keep the property the way it is.

Jamie Hooper stated she owns the parcel that shares the property line with Mr. Knobel; and the goats are not an issue but the rezoning is. She stated she does not believe he would put a chicken farm, horses, or 15 homes as the zoning change will allow; but she is concerned he may move away, and the zoning change would stay with the property, and the next person who moves in may choose to build 15 homes. She advised it will affect the value of her property which has been in her family since 1940. She stated the zoning would be set in concrete and would pass on to the next owner who may decide to do other things than have a few goats.

Commissioner Higgs inquired if there was a way the Board could do a Binding Development Plan that would allow an AU zoning for the two goats, but preserve the rest of the zoning category so it is consistent with the character of the area; with Ms. Hooper responding it might be a consideration among all the adjacent property owners, but not something she could make a decision on herself.

Jane Walker, Jimmy Paul and Kenneth Wallace expressed their opposition to the proposed request due to the area being zoned residential; and by changing it for Mr. Knobel, it would lead to others requesting a change.

Renee Shaffer expressed her opposition to the proposed request because the animals could multiply. She stated Mr. Knobel has horses, geese, and now wants to keep two goats. She stated there are plenty for their children to see in its natural state.

Al Trafford stated at one time there were so many incompatible uses that the property owners were desperate for change; and they talked with their District 2 Commissioner and gave him their concerns, with the help of a zoning consultant. He stated their Commissioner took the problem to the Commission and the zoning was changed to residential. He advised good zoning creates increased values; and it would be bad zoning to attempt to change the SEU area to accommodate this situation. He stated since the zoning was changed to residential, many new and beautiful homes have been built on South Merritt Island because they knew they had protection; and requested the application by denied.

Heinz Knobel stated Ms. Hooper?s concern is that he will build homes on his property; but he would not do that; and he pays high taxes, but is not trying to have lower taxes by making the zoning request. He stated Mr. Trafford is a good neighbor, but he has a lot of peacocks on his property; according to the County Code, peacocks are considered livestock; and Mr. Trafford should not have them.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF FEBRUARY 5, 1998 AND APRIL 6, 1998 (CONTINUED)

Commissioner O?Brien advised if the zoning is changed it will stay with the property forever; and it is not compatible with the area; and it would set a precedent that the County cannot allow to occur. He advised the peacocks on Mr. Trafford?s property are not the issue; but Mr. Knobel?s request is.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to deny Item 7 as recommended by the P&Z Board.

Commissioner Scarborough inquired if there is AU zoning in the area or would this be an anomaly; with Zoning Official Rick Enos responding it would be a deviation in that vicinity. Commissioner Higgs stated AU is inconsistent with SEU; but there should be some way to accommodate the children without jeopardizing the zoning. She inquired if there is any way that the current zoning can be adjusted without harming the SEU zoning; with Mr. Enos responding not under the current Code. He advised Code amendments could be made to the SEU zoning or the conditional use permit available under that zoning; the Board could consider a conditional use permit for farm animals and fowl that would allow specification of certain animals; however, that would change the character of the SEU zoning.

Chairman Voltz call for a vote on the motion. Motion carried and ordered unanimously.

Item 9. Douglas T. and Margaret Ryder?s request for a change from GU to AU on 9.79 acres located on the east side of Cox Road, south of James Road, which was approved by the P&Z Board.

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

Item 10. Avatar Properties, Inc. and Barefoot Bay Development Corporation?s request for a change from EU-2 with a Binding Development Plan, and PUD with a CUP for a Water Treatment Plant to all EU-2 with an amended BDP; and a change from RU-1-9 with a BDP, PUD with a CUP for a Water Treatment Plant, and AU to all RU-1-9 with amended BDP on 262.31 acres located at the western terminus of Senne Road, which was approved by the P&Z Board.

Commissioner Higgs advised she had a meeting with Leigh Stewart and David Cragg; and was shown a copy of the original Avatar Properties PUD, the present configuration that was approved by the Board, and the proposed new purchases by Avatar Properties. She stated it was explained they would request more units because of obtaining more land, but with less density overall per acre; and the environmental assessment has been done. She stated there are a total of 19 scrub jays on the larger area of land; and Fish and Wildlife requires maintenance over time. She stated Mr. Cragg is proposing to rezone the new areas and change the Binding Development Plan to include the whole project. She advised they have EU-2 on the northern section, a buffer, and RU-1-9 on the southern section; and they want to delineate the northern section as EU-2, straight across from the

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF FEBRUARY 5, 1998 AND APRIL 6, 1998 (CONTINUED)

present zoning and make the southern portion RU-1-9. She stated there are 137 acres, at a density of 2.8 units per acre, and 57 acres of EU-2 at a density of 1.98 units per acre. She stated under the new plan they are proposing 163 acres of RU-1-9 at 2.6 units per acre and 99 acres of EU-2 at 1.71 units per acre; and it would increase the acreage by 68, add 93 units, but decrease the density. She stated they indicated Florida Cities Water will be coming back with another request and the Binding Development Plan, which will include the water treatment plant, would be amended.

David Cragg, representing Avatar Properties, Inc., advised with the Binding Development Plan they have limited the number of lots under the proposal to 550 units. He stated under the existing BDP, with 67 less acres, it is 500 units; so the maximum density per acre would now go from 2.57 units to 2.09 units per acre. He stated they have a 50-acre scrub jay habitat managed by the homeowners association; and verbally U.S. Fish and Wildlife has blessed that plan, which is a 2 to 1 mitigation within their project.

Commissioner Higgs inquired if they needed the CUP for the water treatment plant; with Mr. Cragg responding no, that was removed from the request. Commissioner Higgs advised the motion the P&Z Board made and passed, minus the CUP for the water treatment plant, is consistent with what they are requesting.

Robert Callahan expressed his opposition to the proposed request due to the increase in the density. Mr. Cragg advised they are adding 67 acres to the parcel they already have; they want to rezone it as part of the old PUD; and they are requesting a change of 50 more units on the additional 67 acres, which is less than one unit per acre. Mr. Callahan stated with the proximity of Barefoot Bay, the population is already overwhelming; and he is opposed to anything that would increase the density; and the Board should try to restrict some of the growth. Commissioner Higgs advised the overall project decreases the density that was allowed under the previous PUD.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 10 as recommended by the P&Z Board, minus the CUP for the water treatment plant. Motion carried and ordered unanimously.

Item 11. St. Andrews - North, Inc.?s request for a CUP for Alcoholic Beverages for on-Premises Consumption in a PUD zoning classification on 2.08 acres located on the northeast corner of Wickham Road and St. Andrews Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Item 11 as recommended by the P&Z Board, with the stipulation of a restaurant only. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF FEBRUARY 5, 1998 AND APRIL 6, 1998 (CONTINUED)

Item 12. James B. Harvey, Trustee?s request for a change from AU to RU-1-13 on .932 acre located on both sides of Rockledge Drive, north of Coquina Road, which was approved by the P&Z Board.

Larry Trenary, agent for the property, advised they are buying the property from his father to build a house on it; and are requesting a rezoning from AU to RU-1-13.

Helen Majercik stated she and her husband have lived in their home for 39 years which is the second parcel south of the one in question. She stated the main concern is the water supply; they do not have city water, and are dependent on their own well; and her concern is the water may be contaminated. She advised if water was extended to all five pieces of property that are dependent on the well water for their water supply, at no expense to the property owner, she would approve of the rezoning.

Laura Lee Geier expressed her opposition to the proposed rezoning due to it being out of character with the neighborhood, as all the surrounding properties are either EU or AU.

Marilyn Dunn expressed her opposition to the proposed rezoning due to it being single-family homes in the area, and wanting to keep it that way.

Paul Davidson advised the Indian River needs to be saved; there should not be more septic tanks along the river; and it should stay the same for a one-family house on the property.

Curt Myers advised by rezoning the property it would cause the density to be greater than anywhere else in the area; the setbacks are not sufficient; and it is incompatible with the rest of the area.

Glenn Camp stated by rezoning the property it would take away from the character of the area; but if they want to build one home with 2000 square feet or greater, that would be compatible with the community.

Larry Trenary advised he went to the Zoning Office and asked what they could do if they purchased the property; he would like to divide it into two lots; he was not aware four houses could be built on the property; and he would sign a Binding Development Plan, if that is what is required for two houses.

Commissioner Cook advised Roy Laughlin called his office in opposition to this zoning. He stated he is familiar with the area, and believes the rezoning is not compatible with the surrounding properties.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to overrule the P&Z Board and deny Item 12. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF FEBRUARY 5, 1998 AND APRIL 6, 1998 (CONTINUED)

Item 14. Advent Lutheran Church of Melbourne, Inc.?s request for change from PUD to BU-1-A on 6.8 acres located on the northwest corner of Forest Lake Avenue and Wickham Road, which was approved by the P&Z Board.

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

Item 15a. Sovran Acquisition, L.P.?s request for mixed use district boundary expansion on 8.33 acres located on the east side of Wickham Road, adjacent and south of Suntree Post Office, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve Item 15a as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 15b. Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning on property on which a development order had been submitted initiating a consideration of a change in zoning classification from IU to BU-2 in accordance with the provisions

of Future Land Use Element XIII, Policy 10.2, Brevard County Comprehensive Plan, as adopted on September 8, 1988, on 8.33 acres located on the east side of Wickham Road, adjacent and south of Suntree Post Office, and north of Otter Creek Lane, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve Item 15b as recommended by the P&Z Board. Motion carried and ordered unanimously.

Chairman Voltz passed the gavel to Vice Chairman Scarborough.

Item 16. Church of God at West Melbourne Christian Center?s request for a change from AU with a CUP for a School, AU, TR-1 with an SUP for Overnight Campers to all AU with a CUP for a school on 10.715? acres located on the northeast corner of La Veta Drive and Milwaukee Avenue, approximately 0.15 mile west of Minton Road, which was approved by the P&Z Board.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Item 16 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Vice Chairman Scarborough passed the gavel to Chairman Voltz.

Item 19. Jeanne Caudle?s request for a CUP for horses and barns in an SEU zoning classification on 7.8? acres located on both sides of South Tropical Trail, south of Tropical Island Trail, which was approved by the P&Z Board.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF FEBRUARY 5, 1998 AND APRIL 6, 1998 (CONTINUED)

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve Item 19 as recommended by the P&Z Board. Motion carried and ordered unanimously. (See pages

for Zoning Resolutions.)

The meeting recessed at 7:03 p.m. and reconvened at 7:13 p.m.

Chairman Voltz called for the public hearing to consider administrative rezoning recommendations of the Planning and Zoning (P&Z) Board made at its public hearing on April 6, 1998, as follows:

Item 1. Section 6, Township 30, Range 39, Parcel 261 owned by (a) James R. Peo and Nicholas A. Peo; Parcel 269 and adjacent property in Section 1 owned by (b) Kathryn L. Miller, Trustee; Parcel 270 and adjacent property in Section 1 owned by (c) John T. and Donna E. Pattinson; Parcel 277 owned by (d) George and Anna Truicko; Parcel 278 owned by (e) Gold Coast Investment Establishment Company; Parcel 504 owned by (f) Hartford A. Henry; Parcel 505.1 owned by (g) Daniel H. and Delores J. Weiss; Parcel 506.1 owned by (h) David H. and Rebecca L. Shopay; Parcel 512 owned by (i) Susan Peterson-Goldstein; Parcel 518 and 522 owned by (j) Barefoot Bay Recreation District; Parcel 524 owned by (k) Jeffrey J. Gaynor and David J. Gaynor et al; and Parcel 529 owned by (l) Frank Bevack, from RU-2-4 to RR-1, excluding EA zoned portions, as approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien to approve Item 1, a, b, c, d, e, f, g, h, i, k and l, as recommended by the P&Z Board. Item 1, j was withdrawn prior to the meeting. Motion carried and ordered unanimously.

Item 2. Section 1, Township 30, Range 38, Parcel 7.1 and 259.1 (in Section 6), and Section 6, Township 30, Range 39, Parcels 262, 263, 275, 280, 505, 507 (that portion lying East of Hwy. A1A only), 514, and 515. Parcel 7.1 and 259.1(in Section 6) owned by (a) Chapel by the Sea, Inc.; Parcel 262 owned by (b) Angela Jayne Peo; Parcel 263 owned by (c) George W. and Nedra J. Maxwell; Parcel 275 owned by (d) Mary Ann Tamayo; Parcel 280 owned by (e) David and Anne Patrick; Parcel 505 owned by (f) Frank E. Sullivan; Parcel 507 (that portion lying East of Hwy. A1A only) owned by (g) Alden Wallace; and Parcel 514 and 515 owned by (h) Bobby Dall, from RU-2-4, GU and EA to RR-1 (excluding GU and EA zoned portions), as approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Item 2, a, b, c, d, e, f, g, and h, as recommended by the P&Z Board. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF APRIL 6, 1998 ADMINISTRATIVE REZONING (CONTINUED)

Item 3. Section 6, Township 30, Range 39, Parcel 519 owned by (a) Interland Melbourne, Inc.; Parcel 520 owned by (b) Mark R. Merritt; Parcel 527 owned by (c) Hubbs/Sea World Research Institute; and Parcel 533 owned by (d) James F. Durham III, from RU-2-10, RU-2-6, RU-1-13 and EA to RR-1 (excluding EA zoned portions), as approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Item 3, a,b,c and d, as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 4. Section 8, Township 30, Range 39, Parcel 501, and Section 6, Township 30, Range 39, Parcels 265.2, 267, 523 and 530. Parcel 501 (in Section 8) owned by (a) State of Florida IITF/Dept. of Environmental Protection; Parcel 265.2 and 267 owned by (b) Brevard County; Parcel 523 owned by (c) State of Florida IITF/Archie Carr Sea Turtle; and Parcel 530 owned by (d) State of Florida IITF/Maintenance Camp, from RU-2-4, TU-1 and EA to GML (excluding EA zoned portions), as approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Item 4, a, b, c and d, as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 5. Section 7, Township 30, Range 39, Parcel 752 owned by George S. (Jr.) and Paula L. Panton, from BU-1-A to RP, as denied by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to deny Item 5 for RP Zoning, as recommended by the P&Z Board. Motion carried and ordered unanimously. (See pages

for Zoning Resolutions.)

Item 6. Section 7, Township 30, Range 39, Parcel 761 owned by F. Donald and Beverly A. Berard, Trustees, from BU-1-A to RP as denied by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to deny Item 6 for RP Zoning, as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 7. Section 7, Township 30, Range 39, Parcels 21 and 22 owned by Donald E. Foley, Trustee, from RU-1-13, RR-1, BU-1-A, GU, and EA to RR-1 on RU-1-13 areas, and RP on BU-1-A areas (excluding EA and GU portions) as recommended.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Item 7 for RR-1 on RU-1-13 zoned areas; and deny RP portions, as recommended by the P&Z Board. Motion carried and ordered unanimously. (See pages

for Zoning Resolutions.)

Chairman Voltz called for the public hearing to consider an ordinance amending Conditional Use Permit (CUP) for farm animals and fowl.

Chairman Voltz inquired what the change allows; with Planner Tom Myers responding to decrease the minimum lot size for a medical hardship on RR-1, SEU, RRMH-1, RRMH-2.5, and RRMH-5 classifications. He advised the CUP is currently available on lots which are 2.5 acres or greater in size; and the amendment would allow application on smaller lots, with evidence provided by the applicant from a doctor for the medical necessity of having the animals. Commissioner Cook stated if they have a medical hardship they can apply for a CUP.

Commissioner O?Brien stated the amendment did not say female milk giving goats. Mr. Myers stated it will be possible to place conditions on the CUP relating to the animals required specifically for the medical need. Commissioner Higgs inquired if in paragraph 1 on the top of page 2 the language could read, "shall expire after five years or at the sale of the property". Chairman Voltz inquired if an applicant only wanted the CUP for one year, could the Board just give it for one year; with Mr. Myers responding the Board can propose those conditions at the time they apply.

Commissioner Higgs stated the CUP in that zoning category allows horses; and it troubles her that a goat is not covered under the zoning, but the horse is. Commissioner Scarborough stated the Board needs to address that issue and not individual zoning.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt the Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 5, Subdivision III, "Conditional Uses"; specifically amending Sec. 62-1927 Farm Animals and Fowl; providing for conflicting provisions; providing for severability; and providing an effective date as amended to read, "shall expire after five years or at the sale of the property" in paragraph one, page two. Motion carried and ordered unanimously. (See page for Ordinance No. 98-26).

Chairman Voltz called for the public hearing to consider an ordinance amending Section 62-1188, Non-conforming lots of record section of the Zoning Regulations, to prohibit adjacent non-conforming lots of record, which are combined for the purpose of requesting a different zoning classification, to be redivided into the original parcels. She stated non-conformity is caused by a Comprehensive Plan amendment, but the existing lots, which are grandfathered, are undersized for the zoning that is required by the Comprehensive Plan; and the Ordinance addresses the less non-conforming issue that has been encountered with Canaveral Groves, Mims and elsewhere to allow a different consistent zoning classification that does not increase the intensity.

Commissioner Cook inquired if it applies only to residential property; with Zoning Official Rick Enos responding yes, the intent is to apply only to residential. Commissioner Cook stated he has no problem as long as it only applies to residential property.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Section 62-1188 "Non-Conforming Lots of Record" by adding provisions restricting further resubdivision of combined non-conforming lots of record after rezoning, by adding provisions to allow for rezoning of lots that are non-conforming due to a Comprehensive Plan Amendment, and by adding provisions that allow for rezoning of non-conforming lots of record to similar zoning classifications; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code. Motion carried and ordered unanimously. (See page for Ordinance No. 98-27).

Chairman Voltz called for the public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, amending definitions of boat building and shipyard. She stated boat building is a permitted use in the IU and IU-1 classifications, and permitted with conditions in the PIP classification; shipyard is a permitted use in IU-1 only; and the proposed change would make the distinction between boat building and a shipyard.

Commissioner Scarborough inquired if the concept is to allow someone to build a smaller boat outside; with Mr. Myers responding if they are doing it now, they would continue to be non-conforming if the Board passes the ordinance. Mr. Myers stated they are not aware of anyone currently doing that; however, it would be easy to amend the ordinance to say boats of less than 75 feet could be constructed outside. He noted most of the zoning classifications already require that all substantial work be done inside. Commissioner Scarborough stated currently someone could build something less than 75 feet outside; and inquired if after the ordinance is passed, that could

no longer take place; with Mr. Myers advising the classifications all require that the work be done inside except IU-1; IU requires that work take place inside a substantial building.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; amending Article VI, Division 1, Section 62-1102, "Definitions and Rules of Construction"; specifically amending the definitions of boat building and shipyard, providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 98-28).

Richard Torpy stated he met with all the Commissioners over the past year about the Hilton project. He introduced Barbara Mullinix as the representative of the owner and also architect/engineer for the project. He stated there will be significant zoning changes, land development Code changes, and Comprehensive Plan changes; and staff has been consulted regarding this project. He advised the property is on A1A south of Indian Harbour Beach; the Code allows for twelve units per acre now; and they will increase the breezeway, dedicate the strip of parking as another beach access, and take over that access for maintenance. He advised there is an existing bar and disco, and with the new project that will no longer be there, which is a benefit to the surrounding community. He stated the new tower will be seven stories, and the current one is eleven stories tall; they will be adding between 77 and 97 rooms to the site; by adding the motel rooms, density will increase; but overall it will be a nicer site.

Chairman Voltz stated the Board discussed the access across the highway; and inquired if they had addressed that. Mr. Torpy responded they have talked about it; the Holiday Inn has one, but the DOT has put strict regulations on it; and it may not be something they can do. Mr. Torpy advised if it could be done it will have an incredible cost. Chairman Voltz stated they are adding on to an existing building.

Commissioner Scarborough inquired when it may be coming before the Board; with Mr. Torpy responding he intends on presenting it to his clients tomorrow, and then pushing it through the County as fast as possible. Commissioner Scarborough inquired if there have been meetings with the neighbors; with Mr. Torpy responding not yet. Chairman Voltz stated she would like to facilitate that. Mr. Torpy advised when they go to the neighbors they want to have exactly what they intend to do. Commissioner Scarborough advised the person who sees the area daily is able to make better suggestions.

Commissioner Higgs inquired if there would have to be a Comprehensive Plan change; with Mr. Torpy responding the density restrictions will have to be changed. Planning Section Manager Mel

PERSONAL APPEARANCE - RICHARD E. TORPY, ESQUIRE, RE: PROPOSED EXPANSION PROJECT FOR HILTON HOTEL (CONTINUED)

Scott stated Policy 4.10, Criterion D sets a density restriction on that area of twelve units per acre, and there would be a text change involved in the proposal. Commissioner Higgs stated she would look carefully at that and has seen the project in her office. She stated people coming before the Board to talk about their projects sets a precedent of conducting a hearing in advance; and this is the first time in five plus years that this has happened.

Commissioner Scarborough stated the whole Board was harmed by the Snyder case; the more these things are talked through, the less confrontations they have; he does not mind talking through what is good for the community; and the Hilton is good for the economy and helps promote Brevard County. He stated the Board is harming the whole process by not getting as much comment as early as possible; and he hopes Mr. Torpy understands if the Board decides the project does not make sense, it will not approve it. Commissioner Higgs stated because they have already done their presentation, it may prejudice the public?s perception of the situation. Chairman Voltz stated she does not see the difference than Mr. Torpy meeting with the Commissioners individually and presenting the same information.

Mr. Torpy stated he understands feeling uncomfortable with the situation; at least at a public forum the Board cannot be accused of doing something behind closed doors; they still have to go through the formal process afterwards; and the Board does not have to commit to anything.

Upon motion and vote, the meeting adjourned at 7:49 p.m.

ATTEST: _________________________________

HELEN VOLTZ, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

________________________

SANDY CRAWFORD, CLERK

(S E A L)