MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA August 3, 2000

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 3, 2000, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Steve Brown, Bowe Gardens Baptist Church, Melbourne, Florida.

Commissioner Sue Carlson led the assembly in the Pledge of Allegiance.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF JULY 10, 2000

Chairman Higgs called for the public hearing to consider the recommendations of the Planning and Zoning Board made at its July 10, 2000 meeting, as follows:

Commissioner Scarborough stated he got a call from Tom Norwood who had a conflict and asked that Item 21 be moved forward; however, Mr. Enos indicated there was some controversy on Item 21. Zoning Official Rick Enos stated Mr. Norwood is present, and has indicated he wishes the item to be tabled.

Chairman Higgs stated the Board, as a practice, has not changed the Agenda. Commissioner Scarborough explained Mr. Norwood's conflict.

Motion by Commissioner O'Brien, to table Item 21. Motion died for lack of a second.

Chairman Higgs noted there is a card from someone wishing to speak.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to move Item 21 forward on the Agenda. Motion carried and ordered. Commissioners Scarborough, O'Brien, Carlson, and Voltz voted aye; Commissioner Higgs voted nay.

Item 21. (Z0007401) Joyce M. Hammer's request for change from AU and SR to RU-1-13 on 1.76 acres located on the west side of Rockledge Drive, approximately 700 feet north of Bonaventure Drive, which was recommended for approval by the Planning and Zoning Board as EU-2 on the north 90 feet and RU-1-13 on the remainder.

Commissioner Scarborough inquired if Mr. Norwood is asking the Board to table the item; with Mr. Norwood responding he is asking for the item to be heard, but would ask that it be tabled if he had to wait until later in the meeting. Commissioner Carlson inquired if the applicant requested that it be tabled; with Mr. Enos responding Mr. Norwood represents the applicant, and asked that it be tabled unless it can be heard first.

Tom Norwood stated he is present on behalf of Joyce Hammer who is requesting a change in zoning from AU to RU-1-13; and Mr. Enos indicated there were some questions by the neighbors about how this would line up. Mr. Enos stated the Planning and Zoning Board approved split zoning on this item; the recommendation is to approve EU-2 on the north 90 feet and RU-1-13 on the remainder of the property; and that was acceptable to the applicant at the P&Z meeting. Mr. Norwood stated the information he had did not indicate that, but he would accept that for Ms. Hammer.

Nicholas Szuchy stated he lives adjacent to the property in question; at the P&Z meeting, they pointed out that the waterfront in Brevard County is predominantly EU; and they question the rationale to change to anything but EU. He stated south of the proposed EU/RU-1-13 split, there is more EU along the river; and identified various properties. He stated he also represents Chuck Baird who has a similar opinion to his. He requested the Board keep the waterfront EU, and only make the change on the west side of Rockledge Drive.

Commissioner Scarborough inquired if Mr. Szuchy is speaking in opposition to what was recommended by the Planning and Zoning Board. Ms. Szuchy stated he did not see how the split was illustrated; and inquired if it went all the way to the water or did it stop on the west side of Rockledge Drive. Commissioner Carlson stated the P&Z recommendation was to approve EU-2 on the north 90 feet and RU-1-13 on the remainder. Mr. Enos stated the proposal is to amend the north 90 feet to EU-2 and the south 85 feet to RU-1-13; although the P&Z Board recommendation did extend the RU-1-13 to the east side of the river, it does not appear that would be necessary since there is not enough land on the east side to build anything; and the Board could consider limiting the RU-1-13 to the south 85 feet of the portion west of Rockledge Drive. Commissioner Scarborough inquired if Mr. Szuchy has a problem with the proposal as stated by Mr. Enos; with Mr. Szuchy responding he does not.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item 21 as EU-2 on the north 90 feet, and RU-1-13 on the south 85 feet of that portion of the property west of Rockledge Drive. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TABLED ITEMS OF MAY 25, 2000 PLANNING AND ZONING HEARING

Chairman Higgs called for the public hearing to consider tabled items of the May 25, 2000 Planning and Zoning hearing, as follows:

Item 1. (Z0005201) Stephen N. Dacosta, Helen S. Dacosta, and Stephannie L. Dacosta's request for Mixed Use Boundary extension and change from RU-2-15 to BU-1 on 3.63 acres located on the west side of Newfound Harbor Drive, approximately 550 feet south of SR 520 for which there was not recommendation from the LPA and Planning and Zoning Board.

Attorney Robert Beals, representing the applicants, stated at the last meeting he demonstrated the difference in intensity between the RU-2-15 on the entire site and limited BU-1 use they were going to make if rezoned; and each Commissioner received a copy of the proposed Binding Site Plan with the Binding Development Agreement. He stated there is now a retention pond of 182 feet including landscaping and buffer extending from the southerly portion of the property north; and Mr. Hennig has a single-family residence on the property to the south. He stated at the recommendation of Traffic Engineering Director Dick Thompson, they moved the original ingress/egress from directly across from Kessler Drive to the northernmost point of the property. He stated previously there was no opposition from the homeowners associations to the south or east; and Mr. Hennig has reviewed this, and provided a letter indicating he has no opposition and that this is acceptable. He stated what is key is that the 182 feet remain RU-2-15; and the zoning change will only be from that point up to the DOT property. He stated the Binding Development Agreement has also changed; it incorporates the dimensions shown on the site plan which requires an extension of the mixed use district approximately 82 feet along Newfound Harbor instead of the prior extension which was two and one-half times as long; and on the westerly boundary it will be 139 feet. He stated the landscape buffer within two years of planting will reach a height of six feet; there will only be three permitted uses, automobile parts if within a structure, automobile sales and storage, and automobile washing; and the term "primary use" has been defined. He stated a minimum of 70% of the parcel will be used solely for parking and storage of vehicles; the curb for ingress/egress has been moved to the northernmost portion of the property, and will not be used for offloading of vehicles; and if they receive approval of the zoning request, they can reconfigure the corner parcel so that all offloading will be contained within the property to the north. He stated the cars, after being prepped, will be driven for storage to the site. He stated no exterior loudspeakers or audible broadcasting equipment will be installed anywhere on the property; and the lighting requirements have been attached to the binding site plan and made a part of it. He stated they have attempted to answer all questions; and Mr. Hennig is now in favor of the proposal.

Chairman Higgs advised she met with Mr. Watts and Mr. Beals, and they specifically talked about the landscape buffer. Commissioner Scarborough stated he had a similar conversation.

Commissioner Carlson stated she had a similar meeting; and inquired if the applicant cannot acquire the 30-foot parcel between the north and south pieces, does it mean there will be 18-wheeler traffic on Newfound Harbor; with Mr. Beals responding no, they will enter the Erdman site from SR 520. Commissioner Carlson inquired if that is in the binding development plan; with Mr. Beals responding yes; and explained how the cars would be handled. Commissioner Carlson inquired what kind of material is being used for the surface; with Mr. Beals responding asphalt for the parking. Mr. Beals advised the areas shown in green will be internal vegetation; and what they changed and made a part of the site plan was that the buffer would be six feet high within two years. Commissioner Carlson inquired if there is a wall as well; with Mr. Beals responding there is no wall. Commissioner Carlson inquired if the applicant has considered any other kind of surface because of the heat issues; with Mr. Beals responding it would be addressed at the time of site plan, and the alternatives tend to be more aggravating than beneficial.

Commissioner O'Brien stated all objections have been satisfied; there will be a cleansing of all waters coming from the property before entering Sykes Creek; and Mr. Erdman has been a good neighbor and involved in the community.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Item 1 with BDP as outlined by Attorney Robert Beals.

Chairman Higgs stated she will support the motion; a lot of traffic has been taken off Newfound Harbor that would have been there under an RU-2-15 proposal; the vegetated buffer will accommodate a better transition between the parcels; the expansion of the Mixed Use District only encompasses the retention area; and the request has been greatly reduced and will be compatible with the area.

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

Item 2. (Z0005202) Richard J. and Marcia W. O'Halloran's request for change from BU-1-A with a BCP and BU-1 to RU-2-12 with removal of the BCP; AND a CUP for an Independent Living Facility on 3.95 acres located on the west side of North Courtenay Parkway, approximately 200 feet south of Skyline Boulevard, which was recommended for approval by the Planning and Zoning Board.

Attorney Van Catterton, representing the applicants, stated this is an application to downzone parcels on SR 3 from BU-1 and BU-1-A to multifamily RU-2-12; and advised of objections voiced at the previous meeting concerning the planned joint entranceway. He stated it became clear that they would be unable to reach a resolution within a reasonable period of time, so they moved the entranceway to the south. He stated Traffic Engineering Director Dick Thompson provided a memorandum indicating he would prefer the north joint entranceway because it would be one less cut on SR 3, but that either entranceway would be acceptable. He stated they also spoke with Jack West of FDOT about the entrances; and he has no problem with the south entrance. He stated the only remaining concern of staff is that if the entrance is moved south, they will have to comply with the vegetated buffer requirement; and the applicant is willing to comply with County Code requirements on that issue. He stated the property owner to the north requests if the applicant ever wants to use the north entranceway, that a condition be added that would require the applicant to return to the Board for consideration of such a request; and they have no objection to that. He stated a property owner to the south inquired about the future of her hedge which abuts the southern boundary line; and to the extent that the hedge encroaches on the applicant's property, the applicant will be willing to make whatever reasonable accommodation needs to be made to help preserve the hedge. He advised of information presented at a previous meeting; stated it is a good project; the rezoning request is compatible with the Comprehensive Plan and Mixed Use, and complies with the Code provisions on independent living facilities; and requested the Board give the rezoning positive consideration.

Commissioner O'Brien stated at the last meeting there was a little problem with the driveway; but it appears all the objections have been hurdled.

Attorney Robert Beals stated the adjacent property owner has no objection, provided if the contingencies are not met, it will be brought back to the Board.

Commissioner O'Brien stated it reduces the population compared to how the property is zoned now, and reduces the impact on Courtenay Parkway; and advised of the support of Our Saviors Catholic Church.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Item 2, provided it will come back to the Board if contingencies are not met. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF JULY 10, 2000 (CONTINUED) Item 1. (Z0007101) Frank Hoodenpyle's request for change from GU to ARR on 1.2 acres located on the south side of Doug Williams Avenue, approximately 900 feet east of Satellite Boulevard, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 1 as recommended. Motion carried and ordered unanimously.

Item 2. (Z0007102) Gerald R. Walsh and Frances V. Barker-Walsh's request for change from GU to ARR on 1.25 acres located on the north side of Eureka Avenue, approximately 450 feet east of Satellite Boulevard, which was recommended for approval by the Planning and Zoning Board.

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

Item 3. (Z0007103) American Legion Port St. John Post 359, Inc.'s request for a CUP for Alcoholic Beverages On-Premise Consumption in a BU-1 zone, on 1.64 acres, located on the west side of US 1, approximately 0.32 mile north of Sunset Avenue, which was recommended for approval by the Planning and Zoning Board.

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

Item 4. (Z0007104) Brevard County Board of Commissioners, on its own motion, authorized the administrative rezoning on property owned by John Hilbert and James Hilbert from GU to ARR on 1.26 acres located on the north side of Desert Sands Avenue, approximately 640 feet west of Satellite Boulevard, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 4 as recommended. Motion carried and ordered unanimously.

Item 5. (Z0007105) Richard Lee Jones' request for change from GU to ARR on 2.5? acres located on the north side of Reese Avenue, approximately 0.25 mile west of Satellite Boulevard, which was recommended for approval by the Planning and Zoning Board.

Chairman Higgs stated this is a request for ARR on 2.5 acres; and inquired if the intent is to have one unit. Zoning Official Rick Enos stated the Board could consider AGR which would permit the modular home, but not allow the lot to be split further; and ARR would allow the 2.5-acre to be divided into two lots.

Richard Jones inquired if he will be able to build a house; with Chairman Higgs responding affirmatively. Commissioner Scarborough inquired if Mr. Jones agrees to AGR with no need for the BDP; with Mr. Jones indicating agreement. Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Item 5 as AGR.

Commissioner O'Brien stated he wants to be sure that Mr. Jones understands that under AGR the lot can never be split. County Manager Tom Jenkins stated it avoids the need for a binding development plan which makes it easier for Mr. Jones.

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

Item 6. (Z0007106) Rodney R. Frazier's request for change from GU to ARR on 1.23 acres located on the east side of Giessen Avenue, approximately 50 feet north of Desert Sands Avenue, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 6 as recommended. Motion carried and ordered unanimously.

Item 7. (Z0007107) Jacqueline J. Goldberg's request for change from BU-1 to BU-2 on 1.28 acres located on the west side of U.S. 1, approximately 250 feet north of Richy Road, which was recommended for approval by the Planning and Zoning Board as BU-1 on the front 100 feet, and BU-2 on the remainder of the property limited to welding and stained glass activities only.

Erica Gettemy, representing the applicant, stated the desire is to divide the property with the first 100 feet remaining BU-1 as there is an office building up front; photographs have been submitted; and there is a second building on the property that they want to use in the BU-2 section. She stated when they purchased the property, they were told they would be able to do minor welding and stained glass work; but when they applied for a license, they were told they could not. She stated they cannot keep their equipment on the property in the 1,000 square-foot building; they are not looking to do more building on the property or destroy any of the property; and the business would be conducted during normal business hours. She stated the business would be in-field welding, minor repairs, and stained glass work.

John Lundy stated he owns the adjoining property; and he has no objection to the change as long as it does not get more involved than what was recommended by the P&Z Board. He inquired if it will be enforced so they cannot go beyond those uses; with Commissioner Voltz responding yes. Commissioner Scarborough stated there were two restrictions; one was a restriction on use, and the other on how far to extend the BU-2. Mr. Lundy inquired what does that mean; with Chairman Higgs responding the BU-1 is on the front, and the BU-2 is on the remainder of the property. Mr. Enos stated there are two buildings on the property; the front building is within 100 feet of the property, and they could only do their retail operation out of that structure under the BU-1 zone. He stated BU-2 is a heavier classification; and that would be the building in the back where they would have storage, welding, and stained glass operations. Mr. Lundy inquired if the BU-2 will be limited to welding and stained glass; with Mr. Enos responding yes. Mr. Lundy stated as long as there are those limits, he has no objection.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 7 as recommended.

Commissioner O'Brien stated it is for welding and stained glass activities only; with Commissioner Scarborough advising there were limitations as it went to the P&Z Board, but the P&Z Board further defined and limited it, so he is taking all the limitations.

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

Item 8. (Z0007108) Loyd B. and Deborah J. Copeland's request for CUP for a Pet Kennel in an AU zone on 5 acres located on the north side of Burkholm Road, approximately 240 feet west of Brighton Avenue, which was recommended for approval by the Planning and Zoning Board limited to 20 animals under 25 pounds.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 8 as recommended. Motion carried and ordered unanimously.

Item 9. (Z0007109) Mary Hill's request for change from GU to ARR on 1 acre located on the south side of Harley Avenue, approximately 720 feet west of Satellite Boulevard, which was recommended for approval by the Planning and Zoning Board.

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

Item 10. (Z0007110) Jeffrey Scott Smith's request for change from GU to AU on 2.38 acres located on the west side of Florida Palm Avenue, approximately 135 feet south of Cabbage Palm Street, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 10 as recommended. Motion carried and ordered unanimously.

Item 11. (Z0007111) Donald R. and Karen R. Conway's request for change from GU to AU on 2.22 acres located on the east side of Fishtail Palm Avenue, approximately 0.17 mile south of Cabbage Palm Street, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 11 as recommended. Motion carried and ordered unanimously.

Item 12. (Z0007112) Michelle I. Brown and Lonnie Guice, Jr.'s request for change from GU to ARR on 2 acres located on the northeast corner of Albert Lane and Bear Trail, which was recommended for approval by the Planning and Zoning Board.

Chairman Higgs stated this is a two-acre parcel; they are requesting GU to ARR; and it is the same issue of whether it could potentially be one or two parcels.

Lonnie Guice stated there are two acres; if they rezone both acres at the same time, they can save money; and that is why they are being done together. Commissioner Voltz inquired if Mr. Guice wants to keep the parcels ARR rather than AGR so they could be potentially split; with Mr. Guice responding that is right.

Chairman Higgs stated in this area most of the ARR is on one acre, so this would not be inconsistent.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 12 as recommended. Motion carried and ordered unanimously.

Commissioner O'Brien stated if the Board continues to do this, it will have an entire town of mobile homes; and with the $25,000 homestead exemption, eventually no taxes will be paid even though services will be demanded. Commissioner Scarborough stated he agrees. Chairman Higgs suggested impact fees; with Commissioner O'Brien stating impact fees are not the answer. Chairman Higgs stated there are water issues and septic tanks, and the bigger the lots can be, the better it will be in the long run. Commissioner O'Brien commented on potential requests for services; and stated he would like to address the situation in this area on a regular or zoning agenda in the future. Chairman Higgs noted they still pay certain assessments.

Motion by Commissioner O'Brien, to direct staff to put the issue of what taxes are paid by the developments in question on the Agenda. Motion died for lack of a second.

Commissioner Voltz suggested staff provide a memorandum on the issue. County Manager Tom Jenkins advised staff can brief Commissioner O'Brien on the issue, and the Board can decide where it wants to go from there. Commissioner Scarborough stated he agrees with Commissioner O'Brien that it is possible to dig into a hole, but there is also the issue of affordable housing; and he wants to weigh both sides of the issue.

Item 13. Withdrawn.

Item 14. Withdrawn.

Item 15. (Z0007301) Kenneth L. and Diane E. Chapin's request for change from AU and GU to all AU on 11.5 acres located on the south side of Fleming Grant Road, which was recommended for automatic tabling to August 31, 2000 by the Planning and Zoning Board.

Item 16. (Z0007302) Eugene M. and Suzanne Fetner's request for change from AU to BU-1 on 5.38 acres located on the east side of Babcock Street, approximately 580 feet south of Osage Street, which was recommended for approval by the Planning and Zoning Board as BU-1 on the front two parcels only, as amended by the applicant.

Rochelle Lawandales, Lawandales Planning Affiliates, distributed a report to the Board; and stated Eugene and Sue Fetner have owned Country Beginnings, a daycare and pre-school on South Babcock Street, for 16 years; the Planning and Zoning Board unanimously recommended approval of the request; and they reduced the request at the P&Z meeting from the full five acres, to the front 2.5 acres which front Babcock Street. She compared the zoning classifications of AU, BU-1-A, and BU-1; and advised BU-1 is the perfect zoning because it allows a school and a daycare as a permitted use. She stated the use is consistent with the Comprehensive Plan; the area is designated as a mixed use district; it provides for in-fill development; and it specifically meets the Comprehensive Plan objectives for community commercial as well as strip commercial. She advised of the Small Area Plan for the area, designation of the mixed use district, other BU-1 and BU-1-A parcels in the area, and established pattern of development. She stated the school generates very little traffic; projections are approximately 96 cars per day, 27 at the morning peak hour, and 25 in the afternoon peak hour; the traffic times are staggered so as to minimize impediments to traffic flow on Babcock Street; and Waco Boulevard is a major collector road that empties into Babcock Street which is also designated in this area as a collector road, but functions more like an arterial road. She stated the report includes excerpts from a report done by Lisa Smith who is an environmental consultant, which verifies that there are no environmental impacts, scrub populations, or ability for scrub habitats to develop. She stated the applicant will gladly offer a binding development plan for consideration limiting the uses to the daycare/preschool; and they would also like to consider joint access when other properties develop to the south or north to help promote good access management. She stated because the lands to the rear will remain AU, they would be willing to have a five to ten-foot natural vegetative buffer. She advised the applicants are in North Carolina, but the Directors of the schools are present.

Chairman Higgs inquired if a specific use for the daycare and school on the front parcels is acceptable; with Ms. Lawandales responding affirmatively. Chairman Higgs inquired since there would be BU-1 abutting AU on the rear, would it be necessary to have a wall between the AU and the BU-1; with Mr. Enos responding affirmatively. Chairman Higgs inquired if the applicant is willing to agree to the specific use, the binding site plan, and the shared driveway; with Ms. Lawandales responding yes. Chairman Higgs stated in recent months the Board had concerns about the Comprehensive Plan's change suggestion south of this area; and requested Ms. Sobrino address both areas in terms of commercial development. Planner Robin Sobrino stated to the south at Babcock and Valkaria Road, the area was proposed for annexation by the City of Palm Bay; the County has taken a position in opposition; as part of the unincorporated area, the Comprehensive Plan designates that area for residential development; during the incorporation process, the City sought to commercialize that area; and in the past through the Small Area Study, the County has shown its commitment to maintaining residential development within that area. She stated in this circumstance, the subject property is located in an area designated as a mixed use district; therefore the Board has already shown an indication and commitment that this area would be appropriate for commercial development. She stated the issue is the timing of the development; the Comprehensive Plan has a policy that encourages infill; and since there is a stretch of commercial zoning to the north and south of the property, this could be viewed as infill development.

Chairman Higgs passed the gavel to Vice Chairman O'Brien.

Commissioner Higgs stated based on what staff has outlined in terms of the existing mixed use, the current Comprehensive Plan, specific policies concerning infill, and the applicant's willingness to have a specific use of a school and a daycare, and a binding development plan with regard to access and a buffer, she will make a motion for approval, as it will reduce trips on the road.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Item 16 as BU-1 with a Binding Development Plan on the front two parcels only, as amended by the applicant, with the specific use on the front to be a school and daycare.

Commissioner Voltz stated it appears from the aerial photograph, that there is just vegetation at the rear; and inquired as long as there are no homes there, does the applicant have to put up a wall now. Mr. Enos responded when the site plan is done for the front two lots, they will need to build a wall; but in the Land Development Division, there are some alternatives to a wall in certain circumstances, and perhaps the applicant would qualify.

Vice Chairman O'Brien stated there is BU-1 to the south and north; and inquired about the restriction to one use. Commissioner Higgs stated there are existing businesses there now; they are specifically interested in the child care use which is consistent and compatible with the area; the road will be heavily traveled; and the specific use reduces the potential traffic on the highway. Vice Chairman O'Brien stated he finds it troublesome that this property is limited when the other BU-1 properties were not asked to do that. Commissioner Higgs stated the applicant is willing to accept the limitation; there are long-range traffic concerns; and this is a good compromise for the community. Commissioner Carlson commented on the reduction on the roads as a result of the specific use. Mr. Enos stated the latest count on the segment of road is 12,853 on a road with a capacity of approximately 17,000. Commissioner Higgs inquired the proposed BU-1 has how many trips; with Mr. Enos responding unlimited it would be approximately 2,000 to 2,200, but as limited, it will be 200 to 300.

Vice Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Higgs stated she spoke with Ms. Lawandales in her office, and she submitted the proposal that was presented this evening.

Item 17. (Z0007303) Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning on property owned by William W. Klemann from TU-1(20) to EU on 0.36 acre located on the southwest corner of Delmar Street and Highway A1A, which was recommended for approval by the Planning and Zoning Board.

Mr. Enos stated Mr. Klemann was notified by letter, but it was returned as undeliverable; they talked to the adjacent property owner who sold the property to Mr. Klemann, and were informed Mr. Klemann spends most of his time in the Bahamas. He stated they spoke to the realtor who closed the transaction who advised he may be able to contact Mr. Klemann, but he does not know whether that occurred or not.

Commissioner Higgs stated she would be more comfortable if the Board tabled the item for 30 days to be sure all possible efforts have been made to contact Mr. Klemann.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table Item 17 for 30 days. Motion carried and ordered unanimously.

Vice Chairman O'Brien passed the gavel to Chairman Higgs.

Item 18. Withdrawn.

Item 19. Withdrawn.

Item 20. Withdrawn.

Item 21. (Heard earlier in the meeting.)

Item 22. (Z0007402) Gerald W. and Allene B. Capley's request for change from GU to BU-2 on 1.06? acres located 300 feet west of Highway 1, approximately 200 feet north of Otter Creek Lane, which was recommended for approval by the Planning and Zoning Board.

Commissioner Carlson inquired if there have been any problems with the item; with Mr. Enos responding no.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item 22 as recommended. Motion carried and ordered unanimously.

Item 23. (Z0007403) Sawgrass Land Development Company's request for amendment to the preliminary development plan in a PUD on 137.22? acres located west of St. Andrews Isle Subdivision, approximately 0.19 mile west of the southern terminus of St. Andrews Boulevard, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item 23 as recommended.

Commissioner Carlson stated this is just housekeeping. Chairman Higgs stated if that is all it is, she will support the motion.

Jeff Arant, President of the Waterford Place Homeowners Association, stated Suntree as a whole is trying to ban together on the traffic issues; the applicant is asking for less easements on the sides, front and rear; and requested clarification whether it will be increasing the number of homes or the traffic issues.

Mr. Enos stated the preliminary development plan amendment reduces the number of homes from the original preliminary development plan from 291 to 267; and the setback waivers that are being requested have more to do with setbacks that are inside the project. He stated some lots are partially in the PUD, and partially not; the PUD has a 25-foot automatic setback; and that is unreasonable in some cases, so a waiver is being requested.

Mr. Arant stated some of the lots seem higher than normal in comparison to other Suntree neighborhoods; and they were under the assumption it was going to be under the Suntree rules.

Melissa Hoaglund, representing the Suntree Estates Homeowners Association inquired if the number of houses decreases; with Mr. Enos responding yes. Ms. Hoaglund stated there is concern about the decrease in the setbacks; and while it is true it is entirely within the applicant's property, the net effect is that it allows the houses to move closer to the rear lot lines, and therefore closer to the existing houses in Suntree Estates. She expressed concern about property values; and inquired how zoning issues will be enforced. She stated the binding development plan requires three-foot berms, but does not mention that the elevations of the road are 2.7 feet, and to maintain the drainage, the houses will be higher than the privacy berms. She inquired who will measure to insure the berms are in compliance. She commented on the existing berms, binding development plan, common grounds at edge of Sawgrass development, and berms as easements.

Commissioner O'Brien inquired if Ms. Hoaglund's house is five feet from the berm, and the berm is five feet from the neighbor; with Ms. Hoaglund responding it is ten feet from the back of her house to the back of the lot because there is a ten-foot utility easement there. Commissioner O'Brien inquired if Ms. Hoaglund's whole back yard is ten feet wide; with Ms. Hoaglund responding affirmatively. Commissioner O'Brien inquired if the neighbor's home is ten feet from the berm; with Ms. Hoaglund responding it is approximately five feet from the back of the berm as it stands right now, and the berm is supposed to be a three-foot berm, but there is a 2.7-foot elevation. Ms. Hoaglund pointed out her house on the map.

Discussion ensued on elevations of the berm, road and houses, drainage, and disparity of elevations.

Commissioner Scarborough stated the Board adopted an Ordinance dealing with lot elevations to prevent this; and inquired if that would apply between adjoining subdivisions. Mr. Enos advised the Zoning Code does not deal with those issues. County Manager Tom Jenkins advised there is no reference to subdivisions; and it refers to adjacent properties whether they are in subdivision A or subdivision B.

Timothy Jelus, representing Sawgrass Development Company, stated most of the fill issue is predicated on the sewer system; they are tapping into an existing lift station that was developed for St. Andrews Isles; the depth of the lift station only allowed a certain amount of reach into Sawgrass development; and when they went through the formal design, they had to make a decision whether to have two lift stations or just one. He stated County staff wanted one lift station because of the long-term maintenance; the difference between elevations between Suntree Estates and Sawgrass is less than two feet; and he received a letter from the Suntree Master Homeowners to which he responded. He stated the biggest issue is how the yards are draining at Suntree Estates versus at Sawgrass; when Suntree Estates was developed, the St. Johns River Water Management District allowed drainage directly to the wetlands; however, St. Johns River Water Management District does not allow that any more; and all drainage off the roof has to be captured in ponds before being released in the wetlands which results in the material difference between the elevations. He stated Ms. Hoaglund's house is behind Sawgrass, Phase I which is zoned RU-1-13, and does not have anything to do with the proposal before the Board; but he understands her concern. He stated they had to make a decision in developing Sawgrass whether to have a six-foot or eight-foot high berm to screen the two houses which would be like the berms that are adjacent to St. Andrews Boulevard, which cannot be maintained; between Ms. Hoaglund and her neighbor is a five-foot berm with an irrigated hedge planted on it; so they are attempting to have more vegetative screening than a berm; and that hopefully will address Ms. Hoaglund's concern about the height. He stated the Board is considering a zoning item; but what is being discussed are engineering and design issues that he does not specifically control; and they will do everything possible to address the concerns of the Suntree Estates Homeowners. He stated they bought 14 acres less of wetlands than was proposed in the original preliminary development plan; and the purpose of the revised preliminary development plan is to match what was approved by the Board and what has actually been constructed.

Chairman Higgs stated she is confused about the issue of the berm and the back yards. Mr. Jelus described the area; and explained the problem with the berms. He stated Ms. Hoaglund's house has a pool so her setback is ten feet from her property line. Chairman Higgs inquired if all of the berm is in the back yard of the properties; with Mr. Jelus responding it is in the back yard of the Sawgrass properties; when they zoned Phase I to RU-1-13, there was a Binding Development Plan which included a minimum house size, a berm separating Suntree Estates and Sawgrass, and one other condition which they have met; but what they are talking about today has nothing to do with the Phase I zoning. Chairman Higgs stated it has something to do with the Binding Development Plan on Sawgrass; and inquired if the berm that separates it is part of the individual homeowner's lot. Mr. Jelus responded it is plotted as a landscape easement and is on the Sawgrass property. Chairman Higgs inquired about the setback between the rear of the house and the property line; with Mr. Jelus responding it is 20 feet and part of that is the berm. Chairman Higgs inquired how the Binding Development Plan speaks to that; with Mr. Jelus responding when they rezoned Phase I to RU-1-13, the Binding Development Plan said there would be a berm with a vegetative hedge separating Sawgrass and Suntree Estates; and that has been done.

Commissioner Carlson noted Phase I and II are two different things. Mr. Jelus inquired if the Board wants an earthen berm separating two residences or a vegetative hedge. Commissioner Carlson stated Ms. Hoaglund is concerned about changes to Phase II affecting Phase I which is already done; Phase I is RU-1-13; and that is what abuts Ms. Hoaglund's property. Ms. Hoaglund stated the Suntree Estates residents are concerned if that happened at the south end of Suntree Estates, whether it will also happen where the changes are being requested. Mr. Jelus advised in the Phase II proposal, when they designed Sawgrass abutting Suntree Estates, it was done so the minimum separation between residences is 120 to 130 feet between the lakes. He pointed out the lots and the lakes on the map; and stated there will never be two lots abutting one another except for the one location behind Ms. Hoaglund's house in Phase I. He advised of meetings with residents in designing Phase II.

Chairman Higgs stated she is still not comfortable with how the berm has been applied; if the Binding Development Plan calls for a berm between the two properties, it should not be considered a part of those two properties; but that issue is not relevant to the current zoning request.

Discussion ensued on berm, vegetative screening, and establishing a tract between developments.

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

Commissioner Carlson requested Ms. Hoaglund meet with her or Commissioner Higgs so they can clarify any other questions she may have.

Commissioner O'Brien stated at some time in the future, the Board should look at the separation of houses that are being built; on SR 528, Pulte Homes has no more than 12 to 14 feet between houses; and allowing that to occur is not serving communities well. Commissioner Carlson stated if they are going to be that close, they might as well be zero lot line to conserve open space.

Item 24. (Z0007404) The Glidewell Corporation's request for a ROU for a Dry-Cleaning business in a BU-1 zone on 1.03 acres located on the north side of Pinehurst Avenue approximately 320 feet west of Wickham Road, which was recommended for automatic tabling by the Planning and Zoning Board.

The Board accepted the recommendation of the Planning and Zoning Board.

Item 25. (Z0007405) Arnold Spencer, Joe Teague Caruso, as Co-Trustees of the Fiske-Mark Land Trust's request for change from AU to RU-1-7 on 30? acres located on the north side of Martin Road, approximately 0.32 mile west of Fiske Boulevard and on the west side of Fiske Boulevard, approximately 0.23 mile north of Martin Road, which was withdrawn by the applicant.

Item 26. (Z0007406) Timothy Stickrath Developer, Inc. and Rick S. Waelti's request for change from GU to AGR on 5.90 acres and a change from GU to BU-2 on four acres, on a total acreage of 9.90 acres, located on the west side of U.S. 1, approximately 2,000 feet north of Friendship Place, which was recommended for approval by the Planning and Zoning Board with a Binding Development Plan requiring a 25-foot landscaped buffer on the east property line along U.S. 1, excluding driveways.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to approve Item 26 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 27. (Z0007501) County Time #1, Ltd.'s request for a CUP for Alcoholic Beverages On-Premise Consumption in a BU-2 zone having a Binding Site Plan, and removal of the Conditional Use Permit for Temporary Security Trailer on 20.36? acres located on the west side of I-95, approximately 0.23 mile south of Eau Gallie Boulevard, which was recommended for approval by the Planning and Zoning Board for beer and wine only on the existing two concession stands at the north and south entrances.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Item 27 as recommended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: NORTH MERRITT ISLAND DEPENDENT SPECIAL DISTRICT BOARD RECOMMENDATIONS OF JULY 13, 2000

Chairman Higgs called for the public hearing to consider the recommendations of the North Merritt Island Dependent Special District Board made at its July 13, 2000 meeting, as follows:

Item 1. (NMI00701) Crisafulli Enterprises, Inc.'s request for change from AU to SR and removal of two CUP's for Temporary Security Trailers on 13.744 acres located on the southeast corner of Church Road and North Tropical Trail, and on the north side of Church Road, approximately 300 feet west of North Courtenay Parkway, which was recommended for approval by the North Merritt Island Dependent Special District Board with a BDP to construct a drainage ditch along the south property line of the west parcel to enhance drainage of the neighboring church property to the south (Parcel 40, provided that it is conclusively determined that said west parcel is contiguous to the church's property.

Commissioner O'Brien inquired if Mr. Crisafulli agrees to the Binding Development Plan for the ditch; with Bud Crisafulli responding yes.

Martha Woelk stated in the past, they built too low which would not be allowed now; they recently had to move the septic tank from the back yard to the front yard because of the poor drainage; and they are not concerned with the Crisafulli property, but are concerned about the FIND property to the south. She described the area; and stated they do not want to be flooded or have any mosquito ponds.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Item 1 as recommended by the North Merritt Island Dependent Special District Board. Motion carried and ordered unanimously.

Item 2. (NMI00702) Phillip J. and Sofia I. Sperli's request for change from AU to RR-1 on 1.00 acre, more or less, located on the east side of Perkinson Lane, approximately 270 feet east of North Tropical Trail and approximately 600 feet north of River Island Street, which was recommended for approval by the North Merritt Island Dependent Special District Board.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Item 2 as recommended by the North Merritt Island Dependent Special District Board. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADMINISTRATIVE REZONING RECOMMENDATIONS OF MAY 8, 2000

Chairman Higgs called for the public hearing to consider the administrative rezonings of May 8, 2000, as follows:

Zoning Official Rick Enos stated the applicant is the County on the administrative rezonings; and in both cases the parcels were designated industrial in the Comprehensive Plan, but because they are more than ten acres, they are required to have two hearings. He stated the Board already heard and approved this once; and this is the second hearing.

Item 1. Section 21, Township 29, Range 38, Parcel 274, and Parcel 510, from GU to IU, on Audrey Y. Shackelford, Anita Shackelford, et al and Bruce W. Graham and Craig R. Graham's property, which was recommended for approval by the Planning and Zoning Board.

Attorney David Dyer stated the owner is in favor of the rezoning.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Item 1 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 2. (Z0005110) Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning of Interymer North, Inc.'s property on 20.47 acres located approximately 300 feet north of Cidco Road, approximately 0.44 mile west of Industry Road East, from AU to IU, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Item 2 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

DISCUSSION, RE: MOSQUITO CONTROL

Commissioner Scarborough stated Mosquito Control Director Jim Hunt advised his staff would be out spraying after August 1, 2000; the funds are there; and if budget adjustments are necessary, Mr. Hunt has the Board's full commitment.

Commissioner O'Brien stated he read in the newspaper this morning about a mosquito-borne parasite that some children in South Florida got in their blood; and it is very rare, and found mainly in Haiti.

Upon motion and vote, the meeting was adjourned at 7:04 p.m.

ATTEST:

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
( S E A L )