September 5, 2002

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 13, 2002, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O’Brien, Nancy Higgs, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Ed Santana, Seventh Day Adventist Titusville Community Church, Titusville, Florida.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

MOMENT OF SILENCE

Vice Chairman Colon called for a moment of silence for Chief Tim Mills, Chief of Operations for Brevard County Fire Rescue. She stated the Board's prayers go out to the Mills family and the members of the Fire Department.

DISPOSITION OF SURPLUS PROPERTY, RE: RENICK BRANDT'S CHAIR

Assistant County Manager Peggy Busacca stated she distributed a letter requesting the Brevard County Health Department be allowed to purchase for the surplus value of $10 a chair that Mr. Renick Brandt has used for 22 years as he is retiring.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve selling Renick Brandt's surplus chair to Brevard County Health Department staff at the estimated value, so the chair may be presented to Mr. Brandt on his retirement. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING COMMODORE JOHN BARRY DAY

Commissioner O'Brien stated every year at Port Canaveral there is a gathering of Navy people and Irish clubs at the Port; Commodore John Barry had the last battle of the Revolutionary War right off Cape Canaveral, which he won; and Commodore Barry went on to become the creator of the U.S. Navy. He stated the resolution will be presented at the next gathering.

Commissioner O'Brien read aloud a resolution proclaiming September 14, 2002 as Commodore John Barry Day.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt a Resolution recognizing the accomplishments of Commodore John Barry, and proclaiming September 14, 2002 as Commodore John Barry Day. Motion carried and ordered unanimously.

RESOLUTION AND LETTER, RE: ACQUISITION OF PROPERTY BY U.S. FISH AND
WILDLIFE SERVICE

Commissioner Higgs stated she sent the Board a request to send a resolution to Senators Nelson and Graham, Congressman Weldon, and Secretary of the Interior Gale Norton concerning acquisition of property by the U.S. Fish and Wildlife Service.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution requesting appropriations for U.S. Fish and Wildlife Service to acquire property from the County; and direct the Resolution be sent to Senators Nelson and Graham, Congressman Weldon, and Secretary of the Interior Gale Norton. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATION OF
APRIL 8, 2002

Vice Chairman Colon called for the public hearing to consider recommendation of the Planning and Zoning Board, made at its April 8, 2002 meeting, as follows:

Item 2. (Z0204104) Statewide Materials, Inc.'s request for a CUP for Land Alteration in an IU zone on 12.28± acres located 476 feet north of Golden Knights Boulevard, which was recommended for approval by the Planning and Zoning Board as an expansion of the existing borrow pit.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to table Item II.A.2 to October 3, 2002 Board of County Commissioners meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF
AUGUST 5, 2002

Vice Chairman Colon called for the public hearing to consider recommendations of the Planning and Zoning Board, made at its August 5, 2002 meeting, as follows:

Item 6. (Z0208203) Frederick C. Burgett, Trustee's request for CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 zone, removing the existing CUP for Alcoholic Beverages for On-Premises Consumption on Lots 9 and 10 (Z-6167) on 1.28 acres located on the southeast corner of Arthur Avenue and Highway A1A, which was recommended for denial by the Planning and Zoning Board.

Commissioner O'Brien stated he would like to table the item for 90 days as the City of Cape Canaveral has a new City Attorney, and it would like time to review this request, which may have an effect on the City.

Commissioner Higgs stated the applicant is represented this evening by an attorney; and inquired if the Board needs to allow discussion. Assistant County Attorney Eden Bentley advised the applicant also requested it be tabled.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to table Item II.B.6 to December 5, 2002 Board of County Commissioners meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATION OF MAY 6, 2002

Item 3. (Z0205401) Dianne M. Cullen and Desiree M. Webber's request for Small Scale Plan Amendment to change the Future Land Use Map designation from Neighborhood Commercial to Community Commercial and change from GU to BU-2 on 1.97 acres located on the south side of Freeman Lane, which was recommended for approval as Community Commercial by the Local Planning Agency and as BU-2 by the Planning and Zoning Board.

Commissioner Carlson stated she heard from the attorney representing Desiree Webber requesting the item be tabled; the item has been tabled previously; but she agreed to do so to allow the attorney to confer with her client.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to table Item II.A.3 to October 3, 2002 Board of County Commissioners meeting. Motion carried and ordered unanimously.

BINDING DEVELOPMENT AGREEMENT WITH MALCOLM R. KIRSCHENBAUM, TRUSTEE
AND SEA INTERNATIONAL, INC., RE: BIG DADDY CAR WASH AND OFFICE
BUILDING

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Binding Development Agreement with Malcolm R. Kirschenbaum,Trustee and Sea International, Inc. for Big Daddy Car Wash and office building. Motion carried and ordered unanimously.

BINDING DEVELOPMENT AGREEMENT WITH OTIS AND LINDA LUTZ, RE: PET SHOP
UNDER BU-1 ZONING CATEGORY

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Binding Development Agreement with Otis and Linda Lutz for pet shop under BU-1 zoning category.

Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF JULY 8, 2002

Item 1. (Z0207203) George W. and Stella M. Lewis and Irving A. and Alice S. Bubek and Panorama Mobile Home Park, Inc.'s request for change from BU-1 with a BCP and CUP's for Professional Offices and a Sewer Facility, and RU-1-11 to RU-2-15, removing the existing BCP and the two CUP's on 9.21± acres on the east side of South Tropical Trail, which came to the Board with no recommendation from the Planning and Zoning Board.

Attorney Richard Amari, representing the applicant, stated the property in question is on South Courtenay Parkway, just south of the 520 Causeway, south of the TJ Maxx building, next to the new kidney dialysis center; it is currently zoned BU-1 with a Binding Concept Plan and RU-1-11; and they are requesting RU-2-15. He stated the property is currently used as a 71-unit mobile home park, located within the boundaries of Merritt Island Redevelopment Area; it consists of an old run-down trailer park containing many old dilapidated trailers, nonconforming structures, and slum and blighted conditions. He stated rezoning of the property would allow the developers to redevelop the area to a 132-unit apartment complex complete with a clubhouse, pool, exercise trail, dog walks, playgrounds, fishing ponds, and preservation of a large wetland area, which has been incorporated into the property for the purpose of meeting open space requirements. He stated the Merritt Island Redevelopment Agency has unanimously recommended approval of this project as a MIRA redevelopment-approved project; County staff has found the proposal to be consistent with the Future Land Use Map; it would maintain acceptable levels of service; and the use that is being requested is compatible with all surrounding land uses. He stated by all traditional zoning concepts the proposal is a winner; but there is a need to discuss school capacity. He stated zoning applicants who propose to add additional residential units must show that there is adequate school capacity in the schools within the district boundaries where the property lies; and he has submitted a report to the Board prepared by Fran Pickett who is present tonight to address the Board. He stated the report addresses the issue of school capacity; there is currently a lack of capacity at Merritt Island High School and Tropical Elementary School, while there is adequate capacity at Jefferson Junior High School; however, Tropical Elementary has a funded addition and a contract has been let for that construction, so there will be more than adequate capacity to handle the additional students expected to be added by the project. He stated Merritt Island High School has also addressed its capacity problem; the School Board has adopted Edgewood Junior High School to be a new school of choice, which will be junior high and high school; it will be phased in over the next four years; and once phased in, there will be adequate capacity at Merritt Island High School and Edgewood Junior High School. He stated the policy issues are whether capacity created by funded improvements should be considered for purposes of determining whether there is adequate school capacity and whether capacity created by approved School Board action, which creates a school of choice, thus expecting to create adequate capacity and relieve overcrowding should be considered; and he submits the answer is yes.

Fran Pickett stated many know her as a former School Board member, but may not know that professionally she was trained as an architect; since leaving the School Board in 1998, she developed a business specializing in educational facilities planning; and she has completed contracts, some through BRPH as a sub-consultant, with Lake County, Orange County, and Brevard County, where she did the five-year educational facilities plan as well as the five-year work program. She stated she is currently under contract with the school district of Martin County to complete a countywide student attendance boundary study, which will end up in much rezoning of their schools; and she will also complete a five-year educational plant survey with Osceola County next month. She stated she is also beginning the task of a five-year educational plant survey for the County of Palm Beach; and she mentions this because of how it relates to what is before the Board tonight regarding the redevelopment proposal of Panorama Development Joint Venture. She stated the major focus in a five-year educational plant survey is to recommend projects that will serve to accommodate the student population in the County for the next five years; no projects may be built that are not in an approved plan; and having worked with several districts it is her opinion that Brevard County School District has a better grasp on student enrollment projections than any other county she has worked with. She advised she has completed the five-year work plan for Brevard County for the last two years, and is about to start the third year of that plan; the five-year plan requires the District, in addition to other data, to project the number of students who will be housed in portable classrooms for a five-year period, within a financially feasible framework; and she knows the Brevard County data and works with it on a regular basis. She stated given the small number of students the proposed development will put into the schools, the School Board will not have to make any adjustments to the current requirements it will face over the next five years due to this project, and the project is facility neutral. She stated by approving this project, the Board will accomplish a major beautification project and improve the environment and quality of life on Merritt Island without adverse impact to the school population.

Mr. Amari stated when the Board considers traffic capacity, it has been Board precedent that if there is a funded allocated contract to improve a road that currently does not meet acceptable levels of service, the Board takes that into consideration for the purpose of determining whether concurrency has been met; and this is an analogous situation. He stated there is a funded addition that will create school capacity as well as a plan in action with Edgewood Junior High School that will create capacity; so, capacity is not an issue. He advised of a memorandum from Ed Curry with the School Board confirming the conclusions Ms. Pickett reached in her report that there is adequate capacity. He stated the Project Engineer is also present to respond to any questions.

Doug Robertson, Consultant to the Merritt Island Redevelopment Agency, stated the project is located within the boundary of the Merritt Island Redevelopment Agency; the MIRA Board reviewed the project and heard a presentation several weeks ago; and it is unanimously recommending approval of this project. He stated the MIRA Board requested he attend today's meeting to express their approval. He stated if this was a straight zoning issue, he does not believe there would be any issue; it is compatible with the surrounding uses; it is consistent with the Comprehensive Plan; and it will not create any levels of service issues. He stated from the MIRA view, this request clearly meets the first and most important goal in the redevelopment section of the plan, which is to encourage the acquisition, demolition, and reuse of those properties, which by virtue of their location, condition, or value, no longer function at their highest potential economic use; and that is what this project would accomplish. He stated there is an opportunity to replace older dilapidated nonconforming use with a new much needed use; and the only potential issue appears to be school population. He stated Mr. Amari has presented information that indicates when the project is complete, the school capacity will be available. He stated hopefully as the project is located within the Redevelopment Area, it will warrant a little bit more flexibility on the part of the Board in how it interprets the land development regulations. He stated there is a public purpose and benefit in approving this request.

Commissioner O'Brien requested Mr. Robertson repeat his statement about the object of redevelopment; with Mr. Robertson advising the goal in the Redevelopment Plan is to encourage the acquisition, demolition, and reuse of those properties, which by virtue of their location, condition, or value, no longer function at their highest potential economic use.

Zoning Official Rick Enos stated staff has evaluated the capacity based upon the report that was received that shows Tropical Elementary will have additional capacity once the addition is built, and it would seem to be adequate to meet the needs of current enrollment as well as the number of students that would come out of this project. He stated staff does not know how to react to the Merritt Island High School capacity because it depends on what happens with the school of choice; but staff has no reason to disagree with the consultant's findings.

Commissioner Carlson requested Ms. Pickett go over how she came to the neutral aspect of this development. Ms. Pickett responded she is talking about it being facilities neutral in that there will be no need for additional capacity at any of the three schools based on the present population projections, which are contained in the back of the Student Accommodation Plan that the Board gets regularly. She stated it will not be necessary to bring in additional portables because of the number of students coming from the development. She stated the numbers at Merritt Island High School and Tropical Elementary will decline because of the things that have been set in motion, and Tropical will get increased capacity anyway. She stated any accommodation at Jefferson Junior High School will have to be made regardless of the project. Commissioner Carlson inquired what was the expectation in terms of the number of children coming from this development; with Ms. Pickett responding the net increase in students is 22, and of those 22, 11.6 are elementary age, 4 are middle school, and 6 are high school. Commissioner Carlson inquired how many units will there be; with Ms. Pickett responding the present units in the trailers is 71; and the new development would have 132 units, with one having the potential for 25 students and the other has the potential for 47 students.

Commissioner Higgs inquired if Ms. Pickett was on the School Board when the decision was made to open the school of choice at West Shore; with Ms. Pickett responding yes. Commissioner Higgs inquired if projections were made that Melbourne High or Palm Bay High or Eau Gallie or Satellite High Schools would decrease in attendance as a result; with Ms. Pickett responding not to her knowledge. Ms. Pickett advised she would have to go back through the minutes to figure out the intention; but it was mostly a parent-driven reuse of a
building. She stated they wanted a school of choice where parental involvement was required and the children would be held to a higher standard by being expected to work on their AA degree at the same time they got their high school diploma; so it was a different kind of approach. Ms. Pickett stated it is because of the success of that school that the School Board decided to try another school of choice at Edgewood, but it was not seen as a relief school. She stated at that time, Bayside High School was the relief school; and West Shore just happened to come into the mix. Commissioner Higgs stated the High Schools all still have very large student populations; the presence of the school of choice did nothing positive for the population at those high schools; and she is trying to see if there is a parallel the Board should be aware of. Ms. Pickett stated she would probably disagree it did nothing because if the school had not opened all the 7-12 grades would be in the other schools; advised of the boundaries for both schools of choice; and stated it has impacted. Commissioner Higgs stated there probably is an impact, but those high schools are all overcrowded. Ms. Pickett agreed; and stated additions need to be made at the high schools.

Commissioner Carlson stated neutrality in timing has a lot to do with it; and inquired based on this particular development and its timing, how does that figure in. Ms. Pickett stated the Merritt Island Tropical Elementary addition will be completed by August 2003; and Merritt Island High School will be relieved by 110 per year for four years, which means it will be taking away portable classrooms next year. Commissioner Carlson inquired if this passes, when is the projected date to begin development; with Mr. Amari responding the projected completion would be approximately 18 months from now.

Commissioner Higgs stated she is impressed with the data but the Board just received the information from the School Board and the consultant's analysis. She stated there is no analysis of the policy issues by County staff, so she is uncomfortable making a decision without revisiting policy questions. She stated she would prefer to have the opportunity at a regular meeting to discuss the policy issues; and if the Board wants to table this item to the same meeting, the Board can subsequently talk about the particular proposal. She noted there is not a large number of people present to speak; so it is not like there will be a massive number of people at a regular meeting. She stated she wants to be sure, if the Board makes a policy call on how to handle projections and promised infrastructure, that it makes the right call; and she is uncomfortable making those policy decisions tonight without staff having the opportunity to thoroughly analyze the consequences. She stated her desire would be to table this to a regular meeting to discuss the policy issues. Commissioner Carlson stated she has no problem with that.

Commissioner O'Brien stated the Board has the policies before it as well as the summation of some of the other policies that may be affected. He stated he heard tonight that the project is part of the redevelopment plan; and the school capacity would be adequate within the same framework of time that the applicant is looking at. He stated the only question he has is that the staff has said twice the trailer park should be removed; and inquired if that still holds up. Mr. Enos advised the applicant has previously stated that it is the intent to remove the entire park. Commissioner O'Brien stated if the Board wants to go back and look at the policies and review the application, he has no problem tabling this; but the applicant has proven himself; Ms. Pickett has come forward with some valuable information to help the Board decide; and Mr. Robertson has said the project was unanimously approved by MIRA, as well as being part of the redevelopment plan. He requested someone restate what the problem is.

Commissioner Higgs stated in the past the Board said it would make its decisions based on the capacity as it exists, not what is promised; and if the Board differs from its practice of saying it wants to see it funded, she wants to be sure the Board is making the right decision and that it is consistent with the Comprehensive Plan. She stated previously the Board has wanted to have that in place; if something is promised and funded, the Board might be able to approve projects which increase some density; and she wants to be sure as the Board makes that move that it keeps the Board in good stead with the Comprehensive Plan because that is the law the Board is following.

Commissioner O'Brien stated in the past the Board has said that a lot of the projections were unfunded; this evening Ms. Pickett has said it is funded and shall be done in a certain framework of time; the opening of the school of choice will take effect immediately; and the only reason the Board has said no in the past is that things have been unfunded. He stated in this case, it is funded and will be accomplished by next August.

Commissioner Carlson stated the analysis done by Ms. Pickett is very valuable; this is the kind of analysis that is needed on everything because the Board has been denying rezoning requests for increased density in overcrowded areas; and a mechanism is needed to be able to say when that denial can be lifted and development can start. She stated it is basically like a moratorium; the analysis is what is needed as a tool; and she would like to be able to read through Ms. Pickett's analysis so she can understand where she is coming from and how she is applying it to this development as well as others. She stated the Board has to see how it can improve the policy; this is an opportunity to look at the Board's policies; and then it can apply something consistent from there on.

Commissioner O'Brien stated they can buy into that; and inquired if 30 days would be sufficient. Commissioner Higgs stated before that time, the Board will bring the policy issue back at a regular meeting.

Mr. Amari stated he preference would be to approve it now, but if the Board is not prepared to do that, he would invite them to address any questions to Ms. Pickett as she is a wealth of information.

Commissioner Higgs stated she met with Mr. Amari and Mr. Robertson, and raised the same issues of concern about the policy issues.

Vice Chairman Colon stated she also met with Mr. Amari and Mr. Robertson.

Commissioner O'Brien requested staff be instructed to notify Mr. Amari and Ms. Pickett when the policy discussion comes to the Board on a regular Agenda.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to table Item 1 to October 3, 2002 Board of County Commissioners meeting; and direct staff to notify Richard Amari and Fran Pickett when the policy issue is put on the regular meeting Agenda. Motion carried and ordered unanimously.

Item 4. (Z0207201) Christy's Pizzeria, Inc.'s request for a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 zone on 0.62 acre located on the east side of North Courtenay Parkway, which was recommended for approval for full liquor sales with a restaurant and no outside sales.

George Thomas stated he is seeking a full liquor license for an Indian restaurant in Merritt Island; the last time when he said Indian restaurant, there was confusion about whether he had tablecloths, napkins, etc.; and to clarify he took a video. Mr. Thomas presented the video; and stated the purpose is to show that it is fine dining.

Rosaleen Crowther stated she is a regular customer at the Aroma Gardens Restaurant; it is a wonderful restaurant, and is fine dining; it is quiet; and it is not the type of restaurant where one would find rowdiness or drunkenness. She stated the food is marvelous; and she goes there approximately four times a week. She stated she has been going there since it opened at the end of January; sometimes in going to a new restaurant, there is a little bit of trepidation; but when she walked into Aroma Gardens, there were eight smiling faces, delighted to serve her. She stated the atmosphere is quiet dining; it is not the type of place that would attract noisy teenagers who want loud music; the music at Aroma Gardens is soothing classical music; and it is not the type of music that would encourage overindulgence in alcohol. She stated she is Methodist and has been lay leader of Georgiana Methodist Church for sixteen years; and she does not drink as a rule; and if this were a rowdy restaurant where people get drunk, that would not appeal to her and many of the people she takes there. She stated even though she does not drink, there are friends she has taken there who love the food, but have said it would be enhanced by a little cognac after dinner. She stated it is not an economy restaurant; it is moderately priced; but it is not the type of place that people would go just to drink and not spend money on food. She stated it is approximately $40 to $50 for dinner there for two people; and so the level of class of the restaurant would permit them to be responsible in their serving of alcohol. She stated the group that started the restaurant are energetic, enthusiastic, and hard working; they have all pooled their resources to make this restaurant go; they work very hard, seven days a week; and some hold two jobs. She stated they are all responsible gentlemen, and are certainly responsible enough to refuse service to an intoxicated customer, or to eject any customer who might behave in an inappropriate manner. She stated the gentlemen are Indian; they are immigrants; and they have come here to follow the American dream. She stated she has been in America 30 years now; and everyone in the room had parents or grandparents, etc. who were immigrants. She stated the American dream is that if you work hard, you will achieve success; no one could work harder than these young gentlemen; and she would hate to send a message to them that their hard work means nothing, and only large restaurant chains are the only ones allowed to serve alcohol. She advised of festivities at the restaurant on the Fourth of July. She stated the type of people who go to get drunk and give a bad name to restaurants would not want to go to Aroma Gardens, as there are several bars in the area they could go to.

Frank Coppedge inquired what is the status of the binding development plan that Commissioner Higgs tabled this for on August 1, 2002. Mr. Enos stated the applicant has submitted a binding development plan, which is an agreement between the property owner and the County that becomes part of the public record, and it is enforceable by the County. He stated in this case the applicant has proposed two or three provisions: the restaurant operation will always be operated as a restaurant with alcohol being a supplement to the business; it will never be an alcohol only bar; and with this zoning approval the restaurant will not have a separate bar within, and only a service bar for waiters or waitresses. Mr. Coppedge inquired if that is all; with Mr. Enos responding that is the bulk of the agreement, although there are other provisions. Mr. Coppedge stated he tried to get in touch with Mr. Enos to find out what it was going to be so he would know how to address the situation. He stated he understands that the signature of the operators and the signature of the Board Chairman is required to make this a binding agreement, and that it is enforceable; with Mr. Enos advising that is correct. Mr. Coppedge inquired if it has been signed; with Mr. Enos responding it has been signed by the applicants, and if the Board approves it, it will be signed by the Chairman. Mr. Coppedge inquired if that will be part of what is voted on; with Vice Chairman Colon responding affirmatively. Vice Chairman Colon provided Mr. Coppedge with a copy of the binding development agreement. Mr. Coppedge stated there are a lot of signatures; and inquired if the Chairman's will be added later; with Vice Chairman Colon responding if the motion is approved, it will be signed by whoever is serving as Chairman. Mr. Coppedge advised of an email he sent to the Board; and stated he contacted the restaurants in the area, such as Sonny's Barbecue, which serves beer and wine only; Victoria's Restaurant, which is a successful family restaurant that serves beer and wine only; and Taco Bell and Checkers, which serve no alcohol. He stated the Alamo Mexican Grill appears to be closed; the New Century Buffet sells beer and wine, but not hard liquor; and since Aroma Gardens has no bar, competition with other bars is a non-issue. He stated he went to Aroma Gardens to eat; it is nice inside; he is not anti-Indian; and it was nice to see some things that reminded him of the nine months that he was in India in World War II. He stated any restaurant that considers itself fine dining and wants people to come back needs to have options so that people can find food that is compatible with them; and commented on the spicy food.

Vice Chairman Colon inquired is Mr. Coppedge for or against the item; with Mr. Coppedge responding he is definitely against the alcohol. He stated the Hampton Homeowners Association with 668 homes is also against the hard liquor.

Kris Kumar stated he is a consulting engineer living in Melbourne; it takes him approximately a half hour to get to the restaurant for dinner; he is from the southern part of India as are most of the people running the restaurant; and it is a unique restaurant because it serves a lot of dishes from southern India, which are not available in other restaurants. He stated the only problem that many of his friends had was the lack of alcohol; and he explained in India only men drink, and women do not drink. He stated he is for giving Aroma Gardens the opportunity to succeed.

Dave Walter stated he has been in the restaurant business for 31 years and used to operate Christy's Pizzeria at that location; he is also the landlord; and last month he advised that he used to be the Chairman of the Board and President of the Florida Restaurant Association. He stated Aroma Gardens needs a fair and level playing field; they have agreed to some compromises and have submitted a binding development plan; there would be no bar operation there; it would be only to supplement the food; and there would be no free-standing bar inside. He stated there are eight fine dining restaurants in Merritt Island; they all have full beverage licenses; and inquired if anyone can imagine going to a Red Lobster, Carrabbas or an Outback Steakhouse that does not serve alcohol. He stated not having alcohol service could affect volume by as much as 50%; and if there is a business meeting with one person in the group wanting a cocktail, the rest will probably not go to an establishment with no liquor. He stated there are only a couple of objections; last month they were talking about school children walking by the restaurant; but children are welcome at Carrabbas, Red Lobster, Olive Garden, etc.; and he does not see anything wrong with taking his grandchildren to places like that just because they serve alcoholic beverages. He stated the alcoholic service just supplements fine dining; Aroma Gardens was compared to Sonny's Barbecue and Taco Bell; but those are not fine dining establishments. He stated Sonny's has a great product; so does Taco Bell; but they cater more to kids without parents accompanying them. He stated the Board has seen a little of the videos and the menus; the average guest check is from $9 to $15; so there are not children going in to eat by themselves; and they either go in with their family or with a group. He stated they definitely need full beverage service; they have been operating for six months, and their volume is very slow; and they at least need to leave with beer and wine, which would help quite a bit. He stated they need full beverage service to compete with the competition; and if he was here representing one of the major chains, he is sure the Board would give him the full liquor license.

Michael Jackson stated the fine dining restaurants being talked about are on SR 520 and Courtenay Parkway; there are no residential areas close to there; and the only purpose of full liquor is to enhance the profit margin. He stated he has been in restaurants and fine dining establishments, both as operator and customer; all they need is a beer and wine license; and the only problem he has with it is that children do cross the area. He stated it is near a residential area; and a full liquor license is not necessary.

George Thomas stated they had a concern about the children passing by; but as he told the Board last time, the restaurant will be closed from 3:00 to 5:00 p.m., so there will not be any problems. He stated they are not going to change the time even if they get the full liquor license; and liquor sales will be for inside the restaurant only.

Commissioner O'Brien stated this evening a few things came up; there was discussion about which restaurants within a two-mile radius have full liquor service including Applebees, Outback, Carrabbas, Chili's, Ruby Tuesday, Longhorns, Tony Roma's, Red Lobster, Olive Garden, Hooters, and Mr. Ni's; and the Board is looking at what is really close proximity to where Mr. Thomas wants to have a fine dining restaurant. He stated the applicant says he is going to have fine dining; Merritt Island needs a really nice restaurant; and he is not saying the others are bad, but they are not four or five-star restaurants, and are chain restaurants. He stated there are five bars serving full liquor within close proximity to the restaurant, including Chalky's, Nova Lounge, the Warehouse, Eagles at the bowling alley, and Falcon's Roost; Mr. Thomas is not going to build a bar on premises; and recommended approving the item to allow the applicant to do business and compete with the other restaurants.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Item 4 for full liquor sales with a restaurant and no outside sales as recommended. Motion carried and ordered; Commissioner Colon voted nay.

PUBLIC HEARING, RE: RECOMMENDATIONS OF THE NORTH MERRITT ISLAND
DEPENDENT SPECIAL DISTRICT BOARD OF JULY 18, 2002

Vice Chairman Colon called for the public hearing to consider the recommendation of the North Merritt Island Dependent Special District Board of July 18, 2002, as follows:

Item 5. (NMI20701) Air Liquide America Corporation's request for Small Scale Plan Amendment to change the Future Land Use Map designation from Planned Industrial to Heavy/Light Industrial, and change from IU to IU-1 and a Conditional Use Permit for Heavy Industry on 9.87± acres located on the north side of SR 3, which was sent to the Board with no recommendation by the North Merritt Island Dependent Special District Board.

Attorney Clifton McClelland, representing the applicant, stated this particular parcel is located adjacent to NASA on Merritt Island, and has been in operation since 1968; and it was originally zoned IU. He stated the plant is a strategic facility for NASA as it provides the nitrogen that is used in purging much of the equipment; the nitrogen is piped directly to NASA; and they are asking to change the land use plan and zoning, and to obtain a CUP to modernize and make the plant more efficient. He stated they met with the surrounding neighbors; they want to be a good neighbor; and they have submitted a binding site plan to the County, which has been amended to address additional concerns of the staff. He stated from the staff comments, they believe they are consistent with the Comprehensive Plan and the rezoning and CUP requirements.

Scott Doscher, Engineer with Kimley-Horn and Associates, stated the facility in question was constructed in 1968; it was under the IU zoning classification, which was appropriate for the production of atmospheric gases; around 1978 the IU zoning category was created; and at that time, atmospheric gas production became a conditional use in that zoning category, and was eliminated from IU. He stated as a result of that, the site was made nonconforming from a zoning standpoint; the Comprehensive Plan was adopted in 1988; the designation given to this property was Planned Industrial Park, which was also not consistent with the use of the property as it was already being operated; and the plant continued to operate, with no changes required to zoning or land use. He stated at this time the owner is seeking to expand the facility; and that is why they are present with this application. He stated Air Liquide is the exclusive provider of both gaseous and liquid nitrogen for Kennedy Space Center; and NASA considers their operation to be mission critical in that KSC could not safely operate without the products supplied by this facility. He stated they have a site plan; there is an expansion to the existing building; and they will replace a 60-foot cold box stack with a 160-foot cold box stack. He stated they have met with the North Merritt Island Homeowners Association in several group meetings as well as having individual communications with several of their members; and they have addressed the concerns with respect to buffering. He stated they have a landscape buffer enlargement to show what they are proposing; he has submitted a binding development plan that describes the buffer; and essentially it will consist of the planting of East Palatka holly and Southern Red Cedars in groupings of three; the trees will be installed at heights of 12 feet and 10 feet respectively, and will reach mature heights of 25 to 30 feet; and the species they have chosen were recommended by staff. He stated a hedge will be planted between the trees; and it will be kept at a height of approximately three feet. He stated they have worked with NASA, which has some heightened security measures; and they have worked effectively with NASA and County staff to insure that both entities can be satisfied with the landscape buffer being submitted. He stated they will also replace the chain-link fence along the south property line as part of this. He stated as far as consistency with the land use, zoning, and CUP requirements, they believe they are consistent; they have looked at Policy 3.8, which covers the heavy/light industrial land uses; there are three criteria there, one of which is that heavy industrial uses may not be within 660 feet of SR 3 unless they are pre-existing facilities; and they meet that requirement. He stated the other requirements have to do with floor to area ratio and site size, which they also meet; so they believe they are consistent. He stated staff cites Policy 5.6 in the Future Land Use Element, which states, to insure long term economic opportunity for the residents of Brevard County, the County shall take advantage of its unique space-related resources, transportation systems, and location to capitalize on the new national space policy and the State of Florida efforts regarding Spaceport Florida by encouraging space-related development proposals in the Gateway Center/Spaceport Florida area and other areas in proximity to the Kennedy Space Center. He stated as a registered professional engineer, it is his opinion that they are in compliance with the conditional use requirements, the zoning requirements, the land use requirements, and the County's general standards of review.

Commissioner Higgs inquired what is the difference between the binding development plan the County has and the one the Board was just given; with Mr. McClelland responding they have added paragraph 2 to delineate more fully the vegetative buffer, so it is provided in greater detail, as requested by staff. Mr. Enos stated everything after the first sentence in paragraph 2 has been added at staff's request.

Mr. McClelland stated he has nothing to add unless the Board has questions.

Commissioner Carlson stated the plant has been there for a long time and it is being expanded; and inquired if there are any safety issues the Board should be aware of. Mr. McClelland stated the purpose of upgrading is to provide more efficient equipment; the plant has been there since 1968; and the expansion will provide more efficient, quieter, and better quality equipment to bring it up to date with today's standards. Commissioner Carlson inquired if there are specific safety requirements because of the gases the company is dealing with; and stated she assumes they are the same safety standards that have been there for a long time. A representative of Air Liquide stated the proposed operation is substantially, from a process standpoint, that which they have been operating; they have reviewed it internally; the issue was raised by the residents and was discussed to their satisfaction; and they do not believe the new operation poses any different safety issues or concerns to the community.

Commissioner O'Brien stated the North Merritt Island Homeowners Association agrees their concerns have all been resolved, and they do not object to the application, according to a letter dated September 5, 2002. He stated there were just two conditions; the proposed land use is bound by the language set forth in the binding plan; and the applicant has resolved all concerns expressed by nearby land owners. He inquired if it is correct that the company addressed the matters of concern with enhanced language set forth in the binding development plan; with Mr. Enos responding that is correct. Commissioner O'Brien stated the company has met the conditions requested by the North Merritt Island Homeowners Association; they have a binding development plan; they are close partners to KSC; and they have improved their compliance with Policies 3.8 and 3.6.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Item 5 as Heavy/Light Industrial as recommended by the P&Z Board; and adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled "The 1988 Comprehensive Plan", setting forth the Eighth Small Scale Plan Amendment of 2002, 02S.8, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E) entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF
AUGUST 5, 2002 (CONTINUED)

Item 1. (Z0208101) Riverview Memorial, Inc.'s request for a CUP for Security Mobile Homes (two) in an AU and BU-2 zone on 27.53 acres located approximately 650 feet west of U.S. 1, which was recommended for approval by the P&Z Board for three years with 2 one-year administrative renewals.

Commissioner Higgs stated she needs a clarification from the County Attorney; Section 62-1946, paragraph 9, talks about if the ownership changes, the owner should be entitled to use the security home, but that in no case can the maximum cumulative time for a security mobile home by any one owner exceed five years; and this applicant appears to have had this property since 1997, and thus is meeting the five years. She stated the Code talks about there being security trailers as urgent temporary needs; and inquired how does Ms. Bentley interpret that provision of the Code. Attorney Bentley states some staff has read the language at the beginning of the paragraph to mean the language begins in 2000; and there could be an argument that they would have until 2005. She stated it can be read another way so that the five-year term would read from 1995 to 2000; there was a change in ownership in 1997; so they would be able to finish the term from 1997 to 2000; and that owner could possibly ask for two more years, but in this case the two years has passed, so the Board would need to make an interpretation under that analysis, whether the two years of illegal occupation would be counted.

Commissioner Higgs stated she would like the applicant to comment; but the applicant was not present. Commissioner Higgs stated since neither the applicant, nor Commissioner Scarborough are present, she would prefer to table the item.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to table Item 1 to the October 3, 2002 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 2. (Z0208102) Todd C. and Constance Patterson's request for change from GU to AU on 1.21 acres located on the north side of Cangro Street, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve Item 2 as recommended. Motion carried and ordered unanimously.

Item 3. (Z0208103) Mt. Carmel Missionary Baptist Church of City Point, Inc. and Anthony Williams' request for change from AU and TR-2 to all AU on 2.85 acres located on the west side of Railroad Avenue, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve Item 3 as recommended. Motion carried and ordered unanimously.

Item 4. (Z0208201) John A. and Pamie G. Stalder's request for change from GU to RU-1-7 on 0.51 acre located on the west side of Milford Point Drive, which was recommended for approval by the Planning and Zoning Board.

Commissioner Higgs stated she has some concerns, and would like to hear from the applicant.

John Stalder stated they purchased the property as General Use; and it is on Milford Point, on the canal side. He stated it is bordered on the north by RU-2-15; on the west by Pelican Cove Apartments, which is multifamily; on the south by Island Lincoln Mercury's retention pond, which is some kind of commercial zoning; and across the street is vacant property that is zoned RU-1-13. He stated GU is a holding pattern; they would like to rezone to RU-1-7; they were guided by staff at the Zoning Department as they were nonconforming at GU since they do not have five acres; and they would be a conforming lot of record with RU-1-7.

Commissioner Higgs stated her concern is the area seems to be developing consistently with RU-1-13, which has different setbacks; and RU-1-13 would be more appropriate than RU-1-7. Mr. Stalder stated that is true, but they have been guided by the Zoning Department that likes it to be a conforming lot of record; and they would be a nonconforming lot of record based on the widths of the lot if they were RU-1-13.

Mr. Enos stated the two lots are already nonconforming lots of record; each lot is buildable; and the problem with the GU is there are 15-foot side setbacks. He stated the applicant's goal is to reduce the side setbacks down to five feet which is what is in RU-1-7. He stated the Board could approve RU-1-13, which would increase the house size to 1,300 square feet and the setbacks to seven and one-half feet; it would leave the lots nonconforming lots of record but they would still be buildable; and it boils down to house size and setbacks.

Commissioner O'Brien stated the Planning and Zoning Board recommendation was unanimous for RU-1-7.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Item 4 as recommended. Motion carried and ordered; Commissioner Higgs voted nay.

The meeting recessed at 7:03 p.m. and reconvened at 7:24 p.m.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLAT OF FLORIDA
INDIAN RIVER LAND COMPANY - ATLANTIC RIDGE CORPORATION & RNR
PROPERTIES, LTD.

Vice Chairman Colon called for the public hearing to consider a resolution vacating rights-of-way in Plat of Florida Indian River Land Company as petitioned by Atlantic Ridge Corporation & RNR Properties, Ltd.

Commissioner Higgs stated this item was continued to this meeting from a previous meeting; all of the issues have been worked out; and additional right-of-way has been donated as a result of the discussions. She stated there are no cards except that from the applicant.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating rights-of-way in Plat of Florida Indian River Land Company as petitioned by Atlantic Ridge Corporation & RNR Properties, Ltd. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF
AUGUST 5, 2002 (CONTINUED)

Item 5. (Z0208202) Harold Kurz, Trustee's request for change from AU to RU-1-11 on 29.62 acres located on the southeast corner of Pioneer Road and Lewis Carroll Avenue, which was recommended for denial by the Planning and Zoning Board.

Attorney Leonard Spielvogel, representing Harold Kurz, requested Mr. Kurz stand and be recognized; stated Mr. Kurz has owned the 29.75-acre parcel located on Pioneer Road and Lewis Carroll Avenue since September of 1980; and at this time Mercedes Homes is interested in buying Mr. Kurz's property. He stated in reviewing the P&Z minutes where the applicant did not get a favorable vote, he noticed there were several issues that came up during the course of the meeting, both by members of the P&Z Board and by those who were objecting to the request. He stated the first issue was school capacity; they have attempted to address that by limiting 100% of the capacity of the project to housing for elderly persons; and he has submitted a packet for each Commissioner. He stated the first item in the packet is a proposed binding development plan, which is submitted for the Board's consideration, and which contains commitments on his client's part. He stated there are references to the Fair Housing Act, and federal and State Statutes; the concern was how binding a binding development plan is; and the answer is that it is binding, and if properties are sold, the binding development plan will remain in effect in perpetuity. He stated if any change is to be made to the terms of the binding development plan, it has to come back before the Board at a public hearing for amendment. He stated under the Statute, it only talked about 80% being required to be subject to the limitations of over age 55; however, they are submitting the entire project, and will supplement it with the declaration of restrictive covenants. He stated no one under the age of 18 will be allowed to live on the property; so, from the perspective of schools, there is a cap of 18 and a floor of 55. He stated the next item of concern was traffic capacity; Ms. Sobrino advised the P&Z Board the project did meet concurrency; and Rhonda Pieper-Schmitz of Motorist Design is present to address that and speak to the Board about concurrency and the fact that the level of service is adequate to accommodate the project. He stated elderly housing has fewer trips per day; and that is taking into consideration the calculations that Ms. Schmitz will discuss with the Board. He stated there was concern expressed about wetlands; the presence of those wetlands may limit density and may make the project not workable; and he understands that, and knows another developer looked at the property some time ago because he was the attorney for that project. He stated sometimes myths become reality; there were so many wetlands on the property that the developer withdrew because it was not feasible to develop the project; if something is not economical and does not make sense, people do not develop it; and that is a business decision, so the wetland issue is a non-issue. He stated the law is the law; the development will be bound by the rules and regulations of the Water Management District and other such agencies that have jurisdiction; so the wetlands are not a problem. He stated the original request was for RU-1-11; it has been amended to RU-1-13; the binding development plan limits home sites to a cap of 70, which is 2.35 units per acre; the minimum lot size is 8,000 square feet; and they anticipate the minimum house size to be 1,600 square feet. He stated they anticipate home prices to be from $160,000 to over $220,000; realtor George Lewis will also address the impact on surrounding property values; and Planning Consultant Rochelle Lawandales will also address the issues of compatibility and Comprehensive Plan compliance.

Rochelle Lawandales of Lawandales Planning Affiliates, stated the subject parcel is a vacant parcel surrounded by single-family residential development; Pioneer Road runs along the north border leading to the west to Courtenay Parkway; and described the surrounding zoning as RU-1 with subdivision development leading to BU-1 on Courtenay. She stated the property is what is called an infill parcel, which means it is fully served by all utilities and roads; and Ms. Schmitz will advise there will not be any impact on traffic. She stated they have dealt with the school capacity issue; and she would like to focus on why the project is consistent and compatible with the County's Plan. She stated they looked at Administrative Policies 3 and 5 that talk about the character of the request in relationship to the surrounding area; they are asking for the opportunity to build a single-family subdivision with 8,000 square foot lots with a minimum of 1,600 square foot homes; the lands surrounding are approximately 8,800 square feet of land with houses that range from 1,800 to 2,000 on the east and 1,400 square feet and up on the north; so they are similar to the surrounding area and will continue the existing development pattern already within the area. She stated the lot sizes are the same; the house values will either be equal to or greater than that which exists within the area; the project can meet all Codes; and in the binding development plan, they have included a fifty-foot buffer on the east side to separate and maintain a sure compatibility on that side, and a fifteen-foot buffer is required all the way around. She stated they are approximately 150 feet or more away from the school so the project and the back yards will have no impact; and there are back yards backing onto the Lewis Carroll property today. She stated they are not only not impacting by adding children to the schools, but will be providing additional tax base without making a direct impact within the school system. She stated they have tried to address all the issues that were raised at the P&Z meeting; with RU-1-13 zoning they are consistent and compatible with the surrounding area; and they meet all the Comprehensive Plan requirements. She stated they want to be good neighbors and representative of a good infill development; and the document Mr. Spielvogel submitted includes her report, summary, findings, and other documents the Board may wish to look at. She reiterated in her opinion the project is consistent and compatible with the Comprehensive Plan and the surrounding area; and she will be glad to answer any questions.

George Lewis stated he has lived in the County since 1957; he has been a licensed real estate broker since 1971; and he has been involved in all phases of real estate throughout this period. He stated he was asked to look at the property; he is not personally involved with the project; and he is only giving advice as to the effect of the project on the current neighborhood. He stated he looked at the plans for the subject property and the surrounding parcels; the size of the homes adjacent to the east, west, and north range from 1,000 square feet to approximately 2,600 square feet; and the assessed values on all these homes range from $88,250 to $174,870. He noted the Assessor's value does not determine the value of the house, but it is not off terribly far if one applies a percentage of value over the Assessor's value; and gave examples of assessments and sales in adjacent subdivisions. He stated the prices and sizes of homes that will be placed on the property will do nothing but enhance the value of the properties that surround it because any time there is new construction, it gives new sources of appraisal ability for appraisers to look at, and they have a tendency to come along with the higher prices; and people will pay a higher price for a property if they do not feel the surrounding area is a lot lower priced. He stated having new homes in a 55 and older community is going to be very popular; there is a shortage of that type of property; and a lot of people are getting past that age. He noted the Baby Boomers are coming up and will need places to stay; and they like the 55 and older projects. He stated the value of this project is going to increase the value of the surrounding properties; this is a positive situation for the area; and the lots are less dense than the current subdivision lots around them; and advised of densities in surrounding subdivisions such as Raintree-by-the-Lake where lots are .18 acre to .20 acre, Villa de Palmas-Sykes Creek where lots are .20 acre to .26 acre, and the Fairfax community where lots are .28 acre to .31 acre. He stated it is a good project and will be an asset to the local community as well as the County.

Rhonda Pieper-Schmitz of Motorist Design stated she is the traffic consultant on the project; and she was called in to look at the project's impact to the area including looking at the County's numbers on concurrency on Courtenay Parkway. She stated she would like to start by discussing trip generation for the site; it has been downscaled from single-family residential to senior housing; the senior detached housing at morning peak hour is less than a third of the number of trips per unit than what single family detached would be; and the p.m. peak hour is less than a fourth per unit of what single-family detached is, because the older driver does not make as many trips during those periods and through the course of the day. She stated between the reduction and the downscaling to the smaller number of units, they are looking at only six trips in the a.m. peak hour additional to what it could be under the existing zoning and four trips in the p.m. peak hour; and the total impact, which would be all new trips, would be only fifteen total a.m. peak hour trips and sixteen total p.m. peak hour trips, so the impact is very minor. She stated the impact is so minor that at the intersection of Courtenay Parkway and Pioneer Road, which seems to be an area of concern, the impact will add four-tenths of a second to the average driver coming out westbound in the a.m. peak hour and one-tenth of a second on the average southbound left in the p.m. peak hour; and the overall intersection experiences less than a tenth of a second impact for the average driver. She stated the impact of the site on the signal is so nominal, she cannot quantify it. She advised Pioneer Road has a current capacity of 660 trips, and only accommodates 166 p.m. trips and 392 a.m. trips, so there is more than sufficient capacity on Pioneer Road. She stated there has been some confusion and concern over Courtenay Parkway and the most recent numbers from the traffic counts the County performed there; everyone looks at how much less the trips are this year compared to last year; but what has happened is not that there is a lull now, but there was a spike last year because of the major construction at A1A and SR 528 in Port Canaveral. She stated the same counts were down last year for A1A and North Atlantic in Cape Canaveral and now have returned to their normal value; and a lot of counts on SR 520 and on Sykes Creek Parkway through that area spiked and have returned to normal volumes. She stated the construction has been going on for a couple of years; it is now almost completed; the spike has now been taken away; and it is not that there is a lull now, but that numbers have returned to normal.

Tom Page stated he lives in Villa de Palmas; and he did not understand a word Ms. Pieper-Schmitz said about the tenth of a second wait. He stated he has lived here 25 years, and has sat at that light for several minutes; sometimes the intersection is blocked because the bridge is up on the Barge Canal; and he does not know who takes that into consideration. He stated he drives that road at least once a day; he has not seen traffic counters in months; and he does not know where Ms. Pieper-Schmitz got the information about the temporary spike, but does know the road is a horrible place to drive because it is backed up. He stated sometimes it is necessary to cut through by Lewis Carroll Elementary to try to get home because the traffic at the intersection is blocked and it is not possible to get out at the signal light. He stated it is great news that they are not going to try to stuff more children into Lewis Carroll Elementary; but he does not know where the numbers come from on the traffic situation as their estimate is somewhere between 3,500 and 4,000 trips per day on Pioneer Road. He stated a lot of people cannot get out of the entrance at Villa de Palmas at Via de la Reina, so they double back and cut to Sykes Creek Drive and go out that way; when additional traffic is added, that is going to further complicate things; and when Lewis Carroll Elementary gets out, there are also all sorts of school buses and parents picking up children who have to exit on Pioneer Road. He stated Pioneer Road is getting to be a real problem; it is a narrow road with no plans to widen it; and it is going to be very detrimental to the community.

Dorothy Wash stated Mercedes Homes has built on the other side of her development as well; to the average citizen, zoning is the protection one expects the city or county to give his or her home by prohibiting uses near his or her property that would be detrimental to it; and the two-laned road that leads to this development and the major thoroughfare that feeds it are already dangerously congested. She stated according to the proposal, the new development will generate approximately 1,100 car trips daily; even though it is a 55-plus community, most 55 year olds are not retired so will be going out when the rest of the crowd is going out and coming in at the same time; and additionally, another development of 120 single-family homes are to be built by the same developer only one block north of this one, which will generate approximately 1,200 more car trips daily. She stated the building of these two developments will add approximately 2,300 to 2,500 car trips per day; and this part of North Courtenay cannot handle this. She stated according to the facts she got in April 2002, the current North Courtenay Parkway traffic volume was 39,800, and the maximum acceptable volume is 43,900; but the facts submitted with the proposal show new numbers for this segment of North Courtenay. She stated the acceptable volume remains at 43,900; but the current volume has been changed to 38,267; and she cannot figure out what has changed the current volume on North Courtenay by approximately 1,500 fewer cars. She stated anyone living there and driving it every day would think it has not been diminished by even one car; and they have heard the planners say that since the 9-11 event, the number of cars on the road has decreased; but they can attest there do not seem to be any fewer cars on the road. She stated the 9-11 even kept tourists off the planes, but not out of their cars; and the County is still a prime destination in the United States. She stated now there is one additional development about to start; another is proposed to add to the nightmare of congestion on North Courtenay and Pioneer Road; the County has no plans to wide Pioneer Road, which is the only road leading into Lewis Carroll Elementary; and this two lane road is also ingress/egress for Sykes Cove, Villa de Palmas, Raintree, and Costa Norte, which represents over 600 homes, not including the new developments. She stated there is already a problem there without adding to it; this will be detrimental to their property, safety, and the safety of their children; and they have to say no to any more building until something can be done to sustain the growth on the roads and in the schools. She stated the school matter has evidently been taken care of with the 55-plus; but if the homes are going to be 1,600 square feet, it stretches the imagination to think they can ask anything like $170,000 or $200,000. She stated they may have other plans; there may only be a few of that size and some bigger ones; but it remains to be seen; and she is not sure it will be compatible with the neighborhood. She stated on Sykes Creek Drive there may be some houses that are $174,000, but just down the block there are houses worth more than $300,000; and requested the Board think hard about this. She stated Commissioner O'Brien knows how hard it is to get in and out of the development because he has lived there; and they are not exaggerating.

Bill Cauffman stated looking at the aerial map, the Board gets a feel for the density of the area; and as Ms. Wash mentioned, they are adding another 120 homes. He stated there is the drainage issue and risk of flooding; there are wetlands there; if they are going to have to bring in mountains of dirt and fill, then build the houses and lay the asphalt, there are going to be drainage issues; and right next to them is the elementary school and right behind that are all those homes. He stated during the storms of 1999, the homes in that area were high and dry with no flooding; and inquired when the storms come, how will this impact the drainage of the area. He stated if the Board rejects this, as the P&Z did, the end result will be that Mercedes Homes will not get to make a lot of money, and the owner will not get to make money on his property. He stated the property owner had that property since 1980, and it has been listed as agricultural; and as such, he has had very big tax breaks. He stated in 1980 Merritt Island was far different from what it is now; if the zoning had changed ten years ago, it may have made sense; but now it does not. He inquired does an owner having a property for 22 years have a guarantee he is going to be able to use the property the way he wants to 22 years after the purchase. He stated he does not want to see anything go there; he is worried about the drainage; the whole area is stressed; and with all the additional homes going in North Merritt Island, it is going to continue to stress the community.

Ila Martin stated she does not understand the fancy footwork presented by Mercedes Homes; she has lived there for a little over 12 years; and many mornings between 7:30 and 8:00 a.m., it is not possible to cross Pioneer Road without the aid of a school guard. She stated the traffic is backed up all the way from Lewis Carroll around the corner onto Courtenay, and people just wait their turn to get through the light. She stated part of their development is going to be 800-square foot houses; and that is not keeping with the rest of the community, which has houses at least 2,000 square feet. She inquired why would they put a senior citizen community with a school; stated it makes no sense; and a senior citizen community would be put in a more isolated area. She commented on the traffic and the fact that the homes will be as small as a trailer.

Sucharita Dhere stated she is a resident of Villa de Palmas; and she opposes this new development because Pioneer Road is the only way to go to North Courtenay Parkway from Sykes Cove development and most of the Villa de Palmas development. She stated that is why there is a lot of traffic; there is also the school traffic; school buses also use Pioneer Road; and people going to school use the same road. She stated if the Board wants to grant permission for this development, it should first provide another exit to the North Courtenay Parkway to relieve traffic on Pioneer Road. She stated otherwise the County should buy this property and make it a public park; and described the property, including the wetland that acts as a natural sponge to hold water and protect the land and the ecosystem. She stated a public park would be a good thing near the school; there is no public park for the neighborhood; and that would be a good thing for the County to do, and would also help the environment.

JoAnn Michalsky stated she came to talk about overcrowding at Lewis Carroll Elementary School; and after listening to the presentation she is still concerned about adding more students to Lewis Carroll Elementary School. She stated she has a friend in the same age group being referred to, who has a son the same age as one of her sons; so she was amused that Mr. Spielvogel thought this would not be adding more students to the school. She stated Lewis Carroll Elementary is one of five schools in the County that is greater than 20% over capacity; and advised of traffic problems in getting to the school. She stated school traffic is not allowed to come down Skyline; all school traffic has to come down Pioneer Road and then turn onto Lewis Carroll Road; and commented on how traffic backs up, especially when the Barge Canal bridge is open. She stated the traffic has gotten so bad that teachers are giving out tardy slips for the first fifteen minutes of school because if all those students went to the front office, it would be a mob scene. She stated the parking lot has 96 parking spaces; there are 91 teachers and staff; and the principal has asked that as many faculty as possible park in the small bus loop, which on a day like today meant they were in the mud. She stated she walked one of her children to his class that is in one of the fourteen portables; the School Board is planning to build a classroom addition; but even when that construction is completed, two portables will have to be left there. She advised six years ago Lewis Carroll Elementary was leveled and rebuilt; since then they have added portables every year; and in six years, they are up to fourteen portables; and even with the two portables that are going to be left after construction finishes, they are still going to end up adding portables because of all the new development that has already been approved, especially north of the Barge Canal. She noted there is no school north of the Barge Canal; and everyone is zoned to go to Lewis Carroll Elementary. She stated when they put up the classroom addition, that will not address the infrastructure of the main building; and advised of using the TV production room as a classroom, the audio-visual closet as a TV production room, and the dressing rooms on the stage for before and after-school daycare. She advised of shortage of computers in the computer lab and changes in the lunch schedule. She stated this is a glimpse of what it is like in an overcrowded school; then a project like this comes along and wants to increase the density; and requested the Board deny the zoning change. She stated they can still build houses the way it is zoned now, just not as many; and that is best. Mr. Spielvogel stated he agrees with everything the previous speaker said; but that presentation should have been made to the School Board, and not the County Commission; and they are valid points, none of which he would like to be drawn into. He stated they will not add any load to Lewis Carroll or any other school as part of the provisions by which they would be bound would be not having anyone under 18 years of age living in the homes. He stated the limits would be over 55, and cannot be under 18 years of age; and that is intended to cover the school situation. He stated there may be some misunderstandings; there are no 800-square foot homes; the minimum house size would be 1,600 square feet; that is the basic house, and builders love to sell add-ons; so they will do their best to encourage buyers to increase the size of their homes. He stated there was a concern about drainage and whether flooding would result; under the County requirements, they cannot allow any water to leave the site any more than was already retained onsite before development took place; it is necessary to maintain on the site as much water as was on the site before it was developed, so they cannot encourage or facilitate a flood. He stated whatever has been maintained and percolated onsite will continue to be handled that way. He stated as to the impact on the road, he comes up from South Merritt Island; and when he runs into Jefferson Junior High School and Tropical Elementary, he comes to a screeching halt because it is necessary to wait to make those left turns into the school; so he sits and waits, and is grateful. He stated in a perfect world there would be roads that would swing around school turns and all kinds of good things; maybe that is what the School Board should be addressing; but in the meantime, people have to make do. He stated what he is bringing to the Board is a minimal impact on the infrastructure; by limiting occupants to over 55, it eliminates the impact on the schools; and he is not saying everyone over 55 is retired, but a number of them will be, especially those over the age of 65, and they will be putting less traffic on the road at times when others are utilizing the road. He stated they have done their best to bring the Board a project that is compatible with the surrounding area, including the 50-foot buffer to the property to the east; they are putting traffic directly out on Pioneer Road; and if there is not adequate parking at Lewis Carroll Elementary, that is something that has to be addressed with the School Board. He stated his client is suggesting something that makes a lot of sense; even if it was developed under AU, the differential in traffic is little; they have the opinion of the consultant, and the County's evaluation, which agree as far as traffic; and he does not know that the comments from the audience are factually based.

Commissioner O'Brien stated there is great anxiety by almost everyone around this particular parcel; it has been there a long time; and advised his house in the area sold for $420,000 three months ago. He stated he wanted to purchase a house in Villa de Palmas; its price was $385,000; and some of the properties surrounding the property in question are very expensive. He stated the ones to the west are between $85,000 to $120,000; but the ones in Raintree vary greatly from $150,000 to close to $300,000, with some of the homes being 2,500 to 3,000 square feet. He stated the values of the properties that surround the property in question are a lot more than what was expressed to the Board; and he knows because he lived there in Villa de Palmas for 25 years. He stated it is wonderful that the applicant does not want to overcrowd the school; that is the right thing, and he is proud they made that effort. He stated one of the comments made, which he did not feel was appropriate, was why would someone want to put elderly people next to a school; grandparents make great mentors for children; and good things occur in those kinds of arrangements. He stated people 55 years old are not elderly; they are going to work like everyone else for the next ten years; and that is not the route he wants to travel in the thought process. He stated there is a severe problem on SR 3/Courtenay Parkway; there is also a problem on Pioneer Road; and it is not just when school gets in and gets out. He noted he is not a traffic expert, but the backup is a loading of lanes all day long; it is not only on the east side, but also on the west side where Circle K is; and that is because the pressure is so bad on SR 3, and it is putting pressure on North Tropical Trail. He stated a few years ago a person could walk down the middle line of North Tropical Trail and not see a car for half an hour; but now if someone walked down the middle line, he would have imprints over his body of approximately ten cars per minute. He stated the traffic impact in this area is tremendous at this time; it is a quality of life issue for all the residents in the surrounding area; if it keeps loading up the road, it will come to gridlock very shortly, which is not right for anyone who has made an investment in their home already; and the people have some personal property rights. He stated he does not like the proposal today; they have a lot size at 8,000 square feet when all the comparable lots in Raintree, Villa de Palmas, and Sykes Cove are 8,500 square feet or larger; RU-1-11 could be considered compatible, but RU-1-13 is not, as they have been told, identical; and it is like comparing a dime and a penny, they are similar in size, but there is a big difference in value. He stated many of the houses in Raintree exceed 2,000 square feet; house size in Villa de Palmas, especially along Sykes Creek Drive exceeds 1,900 square feet, with some at 2,500 square feet; his house was approximately 3,400 square feet; Bruce Melnick's house, which was two houses from his was 2,800 square feet; he knows the size of most of these homes and the people who live there; and in fact, he was once President of the Villa de Palmas Homeowners Association. He stated the house prices that were attested to this morning are in conflict with what he knows on a personal basis. He stated a greater concern is the Pulte project the Board approved six months ago, which will be on the north side of Villa de Palmas; that is another load of 183 units there; the traffic volume on Courtenay Parkway has been attested to by experts via the County study; and recently there was testimony before the Board that SR 3/Courtenay Parkway is on the verge of being maxed out at approximately 44,000 trips per day. He stated the Board approved the project north of Villa de Palmas, but that was a downzoning while this project is an upzoning; nine months ago when H&M mini-mall wanted to build there, the Board told them to proceed at their own risk; and they have not shoveled one bit of dirt. He stated the evidence provided to the Board and all the other requests are a strong influence upon his decision; because of the other building that is already allowed, the roads cannot bear any further traffic at this time; and the P&Z Board expressed the same concerns. He stated there is a solution, but it is in the future; SR 3 is going to be widened to six lanes from the High School through SR 528; and at that time, there will be some relief to the traffic problems being faced today. He stated when that relief comes, the Board may want to change its mind, or may be forced by law to change its mind as to the kinds of rezonings it can do as the rest of Merritt Island gets built out. He stated the building out of Merritt Island will take place whether anyone likes it or not; growth is inevitable; it can be slowed down and done right; and the Board can do the best it can for the community, but it cannot just say no. He stated tonight he is going to move to deny based on the traffic study the Board heard from expert witnesses on more than one occasion who said they are on the brink of tripping the magic lever that would put it at an F-level road; and anyone who lives there knows it is bumper to bumper and slowing down. He stated they also have to consider that Kennedy Space Center within five years is going to build three million square feet of research laboratory; and they will have to use SR 3 for half of their 10,000 employees. He stated he does not think the people who live on Merritt Island want to see this tremendous diminishment of their quality of life; and they do not deserve that. He stated the County is trying to solve the problems; some of the solutions are years away; and it seems as fast as they try to solve the problem ahead of time, something else happens to make it worse in the future.

Motion by Commissioner O'Brien, to deny Item 5 as recommended.

Commissioner Higgs stated she met with Ms. Lawandales, Mr. Richards, and Mr. Kurz, and has notes from those meetings; almost everything Ms. Lawandales expressed is on the record already; and Mr. Kurz and Mr. Richards simply explained the history of the property. She stated if the Board is going to consider a denial, it should have findings of fact presented to the Board; and that would come back to the Board.

Commissioner O'Brien stated that can be brought back; and he will include that in his motion. Commissioner Higgs seconded the motion.

Vice Chairman Colon inquired if the Board would be hearing the public or would it be closed to public comment at that time. Mr. Enos stated the newest policy adopted just last month states that the Board would deny the application, but also when it requests findings of fact, that would come back at a later date and the public hearing would be closed.

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

Mr. Spielvogel voiced objection to denial of due process. Attorney Bentley stated the Board may want to hear what Mr. Spielvogel's concern is; and if it can address his due process concern, it may provide a more supportable decision in the long run.

Mr. Spielvogel voiced objection to the procedure the Board has adopted, namely closing the public hearing, ruling on a request, and the reserving the opportunity at a later meeting to make findings of fact; and stated if the County's experts are going to offer a basis for supporting the decision, the applicant should have the right to respond. He stated this is a public hearing; the applicant should have everything presented at the public hearing including the reasons for denying his request as opposed to postponing to a future date; and he is not sure what is gained by doing it, unless there is intended to be testimony given by staff supporting the position the Board wants to take. He stated this is when it should be done; he respects the fact that the Board can deny the item; he is not disputing that; but due process and fairness dictate that his clients hear exactly what are the reasons; and he thought Commissioner O'Brien was enumerating those during his motion to deny. He stated this is getting into a very dangerous procedural area; and it may not be fair to those who come before the Board to say it is going to close the public hearing, but at a later date the Board is going to come up with its finding of fact, as opposed to doing it today.

Attorney Bentley stated she can alleviate some of Mr. Spielvogel's concerns; the County would not be taking additional testimony; the hearing portion where individuals are heard would be closed; and no new information would be received. She stated it would simply be a consolidation of the record and a writing down of the findings of the Board; and that is no different that what every judge does every day. Mr. Spielvogel inquired is there any input from staff that would be incorporated into those findings of fact or has the Board already heard the finding of fact tonight; with Attorney Bentley responding the staff comments will not be changed; they cannot be changed after the public hearing portion is closed; and staff will prepare findings based on all of the record. She noted they are not verbatim from what the Commissioners said, but there is no requirement in the case law that any findings be made technically; so, she does not think Mr. Spielvogel is able to demand actual findings at the hearing. Mr. Spielvogel stated he is not interested in having findings made; but if findings are going to be made, it seems they should be made today; and it seems that they have already been made, as opposed to being supplemented by staff or counsel in order to make a stronger case. He stated there has been no testimony heard to substantiate the findings of traffic or otherwise, so that should not be supplemented in some way; he respects Commissioner O'Brien's practical experience, but is uneasy only because he has lived through the experience of staff coming back at the following meeting and all of a sudden there are a whole bunch of reasons given for denial. He stated if that is not going to happen, he feels better about it; and if it is all going to be based on what was said today and public comment, and that is going to be the factual finding, the Board has already set it out. Attorney Bentley advised that is all they can do.

Item 7. (Z0208301) John L. and Becky M. Boncek's request for change from AU to RU-1-11 on 1.63 acres located on the west side of U.S. 1, which was recommended for approval by the Planning and Zoning Board with a BDP limited to one additional homesite.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Item 7 with Binding Development Plan, limited to one additional homesite. Motion carried and ordered unanimously.

Item 8. (Z0208302) Lillie R. Thompson's request for change from GU and RRMH-1 to AU on 8.9 acres located at the southern terminus of Woods Trail, which was recommended for approval by the Planning and Zoning Board.

Pastor John Morine stated Ms. Thompson has owned this land for twenty years; it is 8.9 acres; and she approached the church a few months ago about building a church on the land. He stated right now it is zoned GU, and they are requesting it be AU.

Commissioner Higgs inquired if the traffic would all come down Woods Trail; with Pastor Morine responding yes. Commissioner Higgs stated staff advises this property is located internally to a residential area; location is limited to Woods Trail from Micco Road; and the potential traffic impacts to this single family residential area should be considered. She stated the property is surrounded by residential, although there is GU on the south; all of the traffic coming to the church is going to come straight down the residential road; and while she is sympathetic to the building of a church, this does not seem to offer the kind of access that would accommodate a church. She stated it is not an appropriate location to build a church; there is no AU zoning in this particular area; and described the surrounding zoning.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to deny Item 8. Motion carried and ordered unanimously.

Item 9. (Z0208303) Fountainhead Memorial Park, Inc.'s request for a CUP for a Cemetery and Mausoleum in AU and BU-1 zones retaining the existing CUP for a Crematorium on 100.53 acres located on the east side of Babcock Street, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Item 9 as recommended. Motion carried and ordered unanimously.

Item 10. (Z0208304) Faimm Funding Corporation's request for change from GU, RU-1-9, and BU-1 to BU-2 on 2.84 acres located on both sides of U.S. 1. The item was withdrawn by the applicant.

Item 11. (Z0208401) The Pineda Presbyterian Church of Melbourne, Inc.'s request for a Small Scale Plan Amendment to change the Future Land Use Map designation from Neighborhood Commercial to Community Commercial; and change from AU to BU-1 on 5.89 acres located on the southwest corner of North Wickham Road and Windsor Estates Drive, which was recommended for approval as Community Commercial to a depth of 740 feet by the Local Planning Agency, and recommended for approval by the Planning and Zoning Board as BU-1 to a depth of 740 feet excluding the wetland portion of the property, as determined by a survey submitted by the applicant, and approving EA on the wetland area.

Gordon Prentice stated he is a member of the congregation of the Pineda Presbyterian Church of Melbourne, Inc. and represents the church. He submitted paperwork; and stated they are seeking small scale amendment to the Comprehensive Plan and a zoning change to BU-1 from AU for Lot 759, which is the site of the current sanctuary. He stated the church owns approximately ten acres of AU to the west of this, on which it plans to put its new campus; however, the best use for the current site seems to be that of BU, to bring it into alignment with commercial to the north and to the south. He stated the best use is to put the parcel on the market and put the campus on the ten acres to the west.

Commissioner Carlson stated there is an email from Bill McCord regarding water service; and inquired if that has any impact on this particular project at this time. Assistant County Manager Peggy Busacca responded it is her understanding the fire flow is something that will be reviewed at the time of the building permit, and adequate fire flow will be required at that time. Commissioner Carlson inquired if Mr. Prentice is familiar with the P&Z recommendation; with Mr. Prentice responding he is. Mr. Prentice stated the recommendation was to be 740 feet as opposed to 804 feet deep to be consistent with the distance from the Wickham Road corridor for commercially zoned property. Commissioner Carlson stated it is also excluding the wetlands and putting them under EA; with Mr. Prentice responding it excludes .718 acre of wetland. Commissioner Carlson inquired if Mr. Prentice is in agreement with the recommendation; with Mr. Prentice responding yes.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve as recommended and adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled "The 1988 Comprehensive Plan", setting forth the Ninth Small Scale Plan Amendment of 2002, 02S.9, to the Future Land Use Map of the Comprehensive Plan, amending Section 62-501, Part XVI (E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

Item 12. (Z0208402) Billy J. and Jeanette Turner and Walter J. and Helen E. Babcock's request for change from GU to EU on 6.92 acres located on the east side of U.S. 1, which was recommended for approval by the Planning and Zoning Board with a BDP limited to four single-family residences.

Commissioner Higgs stated Barbara Bockman came by and explained the project to her.

Barbara Ann Bockman stated she and her husband Sam are the applicants on the two parcels; currently they are zoned GU; they total a little over six acres, and have two houses on them; under the Future Land Use Plan, the properties are designated for neighborhood commercial, which would allow up to fifteen units per acre; and the zoning request is for EU for one net new lot per existing lot or a total of four lots. She stated they plan to live on one of the lots or remodel one of the houses for their retirement home; they plan to require a minimum of 2,800 square foot homes on the lots, and will provide city water and sewer there, which would eliminate two existing septic tanks. She stated the very southern end of parcel 504 is overgrown with pepper trees and native vegetation and has a small disturbed water's edge wetland; and they would eliminate the pepper trees and preserve the remaining vegetation. She stated their request is to develop just four lots; it is in the best interest of the County because of the low density; it would have negligible effect on the traffic; it would be an enhancement environmentally to the property and aesthetically to the neighborhood; and it would have very minimal impact on the school district long-range. She stated this is the best use of the property, current or long-range.

Commissioner Carlson stated the P&Z Board recommended approval with a binding development plan; but the policy still stands about overcrowding schools; and there is overcrowding at De Laura and Satellite High Schools. She stated they do not have an analysis of the impact on schools; and requested comments from the Board.

Commissioner Higgs inquired if they actually have two existing lots, and they are only adding one unit per lot, does it meet the guidelines the Board had with the other parcel. Mr. Enos responded it depends on how the Board wants to interpret the Policy, which is any zoning application that generates more than one additional unit, which this does. He stated if it is interpreted to mean no more than one additional unit per lot, he can foresee the possibility that could create a circumstance that might be contrary to the Board's intent, for instance if someone came in with a project to double the number of lots in an existing subdivision that had 50 lots. He stated the Board can do that; but cautioned that may not always fit all circumstances.

Ms. Bockman pointed out parcels 503 and 504; stated they have been separate parcels since 1952; but eventually they were owned by the Turners, who acquired 503 in 2000 and 504 in 1999. She stated they were two separate tax parcels and have always been two separate tax parcels; but last year the Property Appraiser's office combined the two properties into one without the owner requesting that; so when they applied for the zoning, they were under one tax bill, and it was requested they be separated again, but because they were still technically one parcel, they applied for the zoning, asking for two new lots on what they were arguing were two existing lots. She stated they could not apply for them separately; and she does not think it would be any different if she came this month and asked to split parcel 503 into two lots and then come back separately to split 504 into two lots. She stated it is really a unique situation; and the properties were not separated until the latest tax bill came out last week. Commissioner Carlson inquired if there is any problem interpreting this different than before since it is a special case; and is this a problem in terms of consistency with application of the policy; with Attorney Bentley responding no.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve Item 12 with Binding Development Plan limited to four single-family residences as recommended. Motion carried and ordered unanimously.

Item 13. (Z0208501) Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning on property owned by Vincent P. and Maria Taranto, initiating a consideration of change from RU-2-30 to RU-2-15, with removal of the existing BDP on 2.29 acres located on the west side of A1A, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Item 13 as recommended. Motion carried and ordered unanimously.

Item 14. (Z0208502) E. Carlyle Platt Family Limited Partnership, and F. Carlyle Platt and Janet P. Platt's request for a CUP for Land Alteration in a GU zone on 640 acres located on the south side of US 192, which was recommended for approval by the Planning and Zoning Board, limited to the 24.398-acre excavation area.

Vice Chairman Colon stated unless there are questions, she would like to approve it as recommended by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Item 14 limited to the 24.398-acre excavation area as recommended. Motion carried and ordered unanimously.

Item 15. (Z0208503) Leon M. Weekes, Trustee's request for a CUP for a Church in an EU-2 zone on 2± acres located on the south side of Aurora Road, which was recommended for approval by the Planning and Zoning Board, with the condition that child care be limited to during church functions.

Vice Chairman Colon stated she would like to approve the item based on the recommendation of the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Item 15 with condition that child care be limited to during church functions, as recommended. Motion carried and ordered unanimously.

Item 16. (Z0208504) Norbert M. Dorsey, as Bishop of The Diocese of Orlando's request for a CUP for a Church in an RU-2-10 zone on 2.98 acres located on the west side of Highway A1A, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Item 16 as recommended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RECOMMENDATION OF THE PLANNING AND ZONING BOARD
OF JULY 8, 2002 (CONTINUED)

Item 17. (Z0207303) Stanley Zaleski, Evelyn Kerr and Evelyn Zaleski's request for change from AU and RRMH-1 to RR-1 on 6.272 acres located on both sides of U.S. 1, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve Item 17 as recommended. Motion carried and ordered unanimously.

Danny Willman expressed condolences to the people of Brevard County for the loss of Chief Mills.

PUBLIC HEARING, RE: RECOMMENDATION OF THE PLANNING AND ZONING BOARD
OF AUGUST 19, 2002

Vice Chairman Colon called for the public hearing to consider the recommendation of the Planning and Zoning Board of August 19, 2002, as follows:

Item 18. (SPE20801) William H. Evans, Jr. and Wilhelmina S. Evans' change from GU to RRMH-1 on 1.94 acres located on the northwest corner of Blounts Ridge Road and Pattie Lane, which was recommended for approval by the Planning and Zoning Board.

Mr. Enos advised there is no problem with the item.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Item 18 as recommended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 62,
LAND DEVELOPMENT REGULATIONS FOR ACCESSORY STRUCTURES AND USE
PROVISIONS

Vice Chairman Colon called for the public hearing to consider an ordinance amending various sections of Chapter 62, Land Development Regulations for Accessory Structures and Use Provisions.

Commissioner Higgs requested staff summarize what the ordinance entails. Planner George Ritchie stated it is an accessory building ordinance; and staff is trying to streamline all the
provisions in the Zoning Code and standardize size limitations. Commissioner Higgs inquired if it will be heard again, and when; with Mr. Ritchie responding yes, the Board will be hearing it again on September 17, 2002.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve sending the proposed ordinance amending various sections of Chapter 62, Land Development Regulations for Accessory Structures and Use Provisions to a second public hearing on September 17, 2002. Motion carried and ordered unanimously.

CONDOLENCES TO FAMILY OF GEORGE EDWARDS

Vice Chairman Colon expressed condolences to the family of George Edwards who was the former Zoning Director.

Upon motion and vote, the meeting adjourned at 8:50 p.m.

_________________________________________
ATTEST: TRUMAN G. SCARBOROUGH, JR. CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
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SCOTT ELLIS, CLERK