The Board of County Commissioners of Brevard County, Florida, met in special session on August 10, 1999, at 2:25 p.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

DISCUSSION, RE: PERFORMANCE STANDARDS Chairman Scarborough stated the Board needs to go through the document and find out how each Commissioner feels about the particular items; after the Board filters through what it likes, what it does not like, and what it wants to change, the speaker cards will have more relevancy.

Commissioner Voltz advised of input from various groups and individuals, including Kim Zarillo, Melbourne-Palm Bay Area Chamber of Commerce, Lee Engineering, Brevard County Manufacturing Association, Lee Bowman, two groups from the Sierra Club, and Bob and Marlene Waters. She stated in addition to the information from the people, she has the most updated version of the performance standards dated July 15, 1999; and she cannot possibly go through everything at this time as she has not had time for comparison and review, and is not prepared today to make suggestions on what is good or bad.

Chairman Scarborough stated it may be helpful to go to those persons who have made detailed comments. Commissioner Voltz stated she has things the Board did not get through at the last meeting; and she has a problem with having a citizens review committee for odor enforcement. Chairman Scarborough stated Mr. Scott explained that to him; it is a way out rather than a problem; and explained how it would work with a panel visiting the site to make a determination whether the odor is offensive. Commissioner Voltz stated it is purely subjective; with Chairman Scarborough responding it would be subjective only to the owner's favor. Planning and Zoning Director Mel Scott proposed clarifying the intent; and stated currently there is an odor standard that says if you exceed one part odor per four parts clean air, you exceed the standard. Commissioner Voltz inquired if the County has the equipment to measure that; with Mr. Scott responding no, but that is an objective measure the County has now; and staff proposes the odor police could only save a property owner. He stated first a person would have to exceed the objective standard, and then the panel would go onto the site for the subjective evaluation; so the panel would never be on a witch hunt to find nuisance odor. Chairman Scarborough stated if someone had a problem he or she could appeal to the panel to determine if it is or is not an objectionable odor. Commissioner Higgs stated the problem is it is so vague; she agrees to having a measurable standard; and there are devices the County could secure to measure odor so it does not come down to whether one person likes something and another does not. Chairman Scarborough stated he has never had a lot of complaints about odor problems; the County has a standard now, but no equipment; and people have not been beating at the door asking when the County is going to get the equipment. Commissioner Higgs stated there is a lot of concern about the odor police.

Commissioner Voltz stated the issue of work hours should be worked on with the business community; and government should not be limiting their hours. She commented on dust and particulates, cleaning of trucks, and a policy decision concerning existing businesses being required to clean up; and stated the proposed standard is way out there because it is something that cannot be seen. She stated under conditional uses, there is concern about exports; Brevard County probably exports a large part of everything that is made here; and to say exporting is a negative sends a message that the County does not want business.

Mr. Scott advised there are two July 15, 1999 memos; one is a three-page memo where Lane Kendig summarizes some of the changes that have occurred; and there is a full July 15, 1999 memo that is 17 pages. Commissioner Voltz stated on page 3 of 17, there is discussion about odor measurement devices; and the Board may eliminate that. Commissioner Higgs stated she agrees with no odor police, but she is comfortable with odor measurements.

Discussion ensued on current odor standards, lack of odor measuring devices, using contractor to measure odors, and cost.

Commissioner Voltz stated page 4 of 17 concerns vibration being measured with appropriate equipment, which the County does not have. Commissioner Higgs stated it is a standard. Commissioner Voltz stated she is not talking about the standard, but the cost of the equipment. She commented on hours of operation; requested explanation of the floor area limitation; and outlined a scenario whereby someone with 40 acres total who is using 20 acres would fall under the new standards and guidelines, and since he would already have maximum square footage, he would not be able to expand. Mr. Scott stated currently there is a 50% lot coverage standard; with Commissioner Voltz responding that is not what is included. Mr. Scott stated that is correct, there are maximum square footages; and in the instance Commissioner Voltz outlined, there could be instances where a lot had built out. Commissioner Voltz inquired if there are current businesses that will not be allowed to expand; with Mr. Scott responding that situation exists today if the lot is maxed out; but in Commissioner Voltz' scenario, they could parcel out the remaining 20 acres. Commissioner Voltz stated they would not be able to expand; with Mr. Scott agreeing not with the one lot. Commissioner Voltz inquired if truck limits have to meet concurrency; with Mr. Scott responding yes, for trips. Commissioner Higgs noted it would not be for weight of the truck, etc. Commissioner Voltz stated on page 5, it says, "under no circumstances shall the emission levels involve the importation of air pollution credits into the County"; and that is important and needed. She stated page 7 talks about where the road base is insufficient to carry the load weight, the permit will be denied unless there are suitable funds provided by the developer to upgrade the road and handle the proposed load, and industry that would use overweight or over-sized loads shall be reviewed as a conditional use; and inquired what if the County has not been responsible for taking care of the road. She stated someone coming in will be held to a higher level than the County because they will have to improve the road. Chairman Scarborough advised of a situation around Tico Airport where there was potential for economic development and they were able to get some funds; stated there is the possibility of a spot that could be developed for industrial but the road system never had to bear heavy truck traffic, and everyone admits the road base is not there; so it should be taken care of up front rather than later. Commissioner Voltz inquired what responsibility does the County have if it has not taken care of the road. Chairman Scarborough stated the County does not want to develop every road for heavy truck traffic; and as development occurs, people will recognize that there are situations where there has to be an improvement to handle the industry. Commissioner Voltz inquired what responsibility does the County have for part of the road, or is the whole thing on the developer. She stated the next standard is that all industrial uses will meet point and non-point water quality standards; and inquired if that is done now; with Mr. Scott responding yes. Commissioner Voltz stated inquired what is the Board's responsibility to address the dust and particulate issue, and if existing businesses should be required to clean up to eliminate off-site deposition. She inquired if the Board has addressed the building material issue; with Mr. Scott responding he has not heard the Board address that yet. Commissioner Voltz stated the Board discussed just the metal buildings. Chairman Scarborough stated the Board has not given any direction to staff. Commissioner O'Brien stated he brought up the issue of Butler-type buildings; if someone lived in a cold climate, they might want to give such construction a second thought; however, in North Carolina they are used all over for industrial and warehousing applications. Commissioner Voltz stated her church is a Butler building. Commissioner O'Brien stated if the facade is okay, he does not see anything wrong with a Butler building; and his first factory in Cape Canaveral was all Butler construction, and after 37 years is still in good condition. Commissioner Higgs stated at this time it is not the most important performance standard. Commissioner O'Brien stated it is not the most important, but if the Board stays with the initial recommendation which would mean Butler buildings would be out of the picture, it would drive the start-up costs for factories, particularly in the industrial section. He stated there is a drawback to it in terms of quality of life; but there is a proper place for metal buildings with a good facade; and the Board needs to find a way to describe that properly so it will leave the door open for small industry in particular to go ahead.

Commissioner Voltz stated on page 11, lighting is addressed; advised of a report from the Sheriff concerning more light to prevent crime; and stated that is not delineated in the document. Commissioner O'Brien stated if the County uses the no cutoff luminaire, it would end up with sky light glare; and if the cutoff is used, the light, within reason, is restricted to the industrial complex. He stated an example of not doing that is Merritt Square Mall where the glare is so bright it can be seen five miles away. He stated the additional cost to have cutoff lighting is minimal, if there is any additional cost. Commissioner Voltz stated the issue is to keep all light on the property; and that is an issue the Sheriff has. Commissioner Higgs stated there is an Ordinance prohibiting glare across the property line, so the standard is already in place, and this is just including it in the overall set of rules. Commissioner O'Brien advised if it is included in the performance standards, the Board can get rid of the Ordinance as it is not needed in both places. Chairman Scarborough stated a lot of people are not objecting to these things; and the Board is dealing with a lot of what-ifs. Commissioner Voltz stated there are a lot of different issues on the lighting. Commissioner Higgs stated that has not been a major issue. Chairman Scarborough inquired if anyone has called to complain about lighting; with Commissioner Higgs responding yes.

Commissioner Voltz stated it says, "buffer yards shall not be located on any portion of an existing or dedicated public or private street or right-of-way or drainage easement"; and inquired about property next to environmentally-sensitive lands, which would have to buffer from the buffer. Commissioner Voltz inquired if the size of the property is accounted for in terms of bufferyards. Consultant Lane Kendig advised the idea is to have the bufferyard between two uses; they are linear areas that cut down on the amount of view; so the size of the property is irrelevant; and outlined examples. Commissioner Higgs noted it exempts parcels one acre or less. Mr. Kendig stated what where the parcel is one acre or less, the bufferyard is put in as a part of the initial development; and drew a diagram showing how it would be done. Commissioner Voltz inquired if someone had property right now and knew what they can do on it, will the Board be rendering their property useless because of the stricter standards and the larger bufferyard. Commissioner Voltz stated the County has a lot of vacant land, so the Board needs to focus on the possibility of some of the issues. Mr. Kendig stated he would look at existing plats to see if that is a problem or not. Commissioner Voltz stated she is sure it will be a problem. Mr. Scott stated if there are circumstances like that, there is administrative ability to require buffering to the maximum extent feasible. Commissioner Higgs stated Section 8-C says, "bufferyard shall not be part of the required lot area for lots less than one acre, and they shall be placed in a separate open space lot"; and inquired does that apply if there is an ability to have a separate open space.

Assistant County Manager Peggy Busacca stated it is guidance for industrial subdivisions; they should not create one-acre lots that do not have room for buffers; and the lots should be platted in such a way that the buffer will be part of the subdivision. Commissioner Higgs inquired what happens if someone has a one-acre industrial lot; with Ms. Busacca responding that is where the language, "to the maximum extent feasible" applies. Ms. Busacca stated the Board may want to say, "as of the date of this adoption, when new lots are created." Mr. Scott stated Section 13, which is on pages 16 and 17, outlines the whole scenario. Commissioner Voltz inquired what is being addressed; with Mr. Scott responding new subdivisions. Commissioner Voltz inquired if everyone said they could not meet it, could they use that provision; with Mr. Kendig responding it is triggered when the regulations are adopted; and if they received their plat approval for an industrial park prior to the adoption, then Section 13 kicks in. He stated if they walk in the day after adoption with a new plat for an industrial subdivision, Section 13 would never apply to them, and they would have to conform to the new regulations. Commissioner Voltz inquired what happens if they cannot conform; with Mr. Kendig responding they can because they are subdividing raw land. Mr. Kendig advised the bufferyard applies equally as a protective device regardless of the size of the property.

Commissioner Voltz stated Section 12, on pages 15 and 17 says, "performance standards of industry, airborne emissions, noise, odor, vibrations, hours of operation, exterior storage, trucks, access, or building materials to which a use existing on the adoption date shall be deemed conforming"; dust and particulates are not included; and inquired if there is a reason for that. Mr. Kendig stated when the discussion of this occurred before the Board, and dust was added, he had a sense there were a number of existing uses that some Board members felt were a problem; so he did not change it to indicate those uses would have to be taken care of. He stated that is clearly a policy issue for the Board. Commissioner Voltz stated she has one in her District; the business was sold to the owner without knowing there were problems; and if he has to come in now, he will be put out of business. Commissioner Voltz stated the Board needs to think about how many people it will put out of business by whatever it does. She stated it says, "sign mitigation shall not be permitted in any circumstances"; and inquired if everyone has to put in new signs. Mr. Kendig stated the intent of that was to allow an existing non-conforming use to conform; and outlined the procedure in Section 14 for someone to come into conformity. He stated if part of the non-conformity involves a sign that is larger than the Code allows, the owner is not allowed to mitigate, but must replace the sign. Commissioner Voltz inquired how long does the County amortize; with Ms. Busacca responding it does not amortize. Ms. Busacca stated it is consistent with current Code which does not allow any flexibility for a sign that is out of compliance. Commissioner Voltz inquired what would happen if they expanded 50% and wanted to conform, but had a new sign they did not want to replace; with Ms. Busacca responding the County looks at the sign if it is changed; but if they have an expansion and the sign stays the same, then they do not have to come under the requirements of the Sign Ordinance, and tare allowed to continue their use. Ms. Busacca stated the Board talked about giving some flexibility, but that does not exist in the current Code.

Commissioner Voltz stated on page 17 there is language that if the product or materials are primarily for export, it is a negative consideration; and the Board needs to focus on what it is saying. Chairman Scarborough stated the County tried to attract value-added jobs; some jobs will be in the County no matter what; but there are certain jobs the County tries to attract that are primarily not with the thought that the product would be sold here. He stated the statement on page 17 and some of the prior discussion is philosophically very different; the Board said these are the companies it wants to give incentives to, but this is saying it is a negative; and the Board needs to look at what it wants to do.

Commissioner Voltz stated another item talked about 100,000 gallons of water per day usage; and that severely limits what the County could have here. Commissioner Higgs stated it becomes a conditional use permit. Mr. Scott stated the concept is as it stands now. Chairman Scarborough stated Mr. Scott said previously the 100,000 gallons may be arbitrary. Mr. Scott stated 100,000 gallons is the trigger currently for the St. Johns River Water Management District that would force someone to get a secondary use permit; and it would be a Board policy whether or not it wanted to be a trigger to require a CUP.

Commissioner Voltz displayed letters she received; and recommended waiting 60 to 90 days so the business community can get with staff to look at everything. Chairman Scarborough stated he had the same request; but this is not the Board's document; and recommended the Board define what it seriously wants to look at and change. He stated once that is done, the citizens can spend 60 days, and they will not be looking at irrelevant issues.

*Commissioner O'Brien's and County Attorney Scott Knox's absence were noted at this time.

Commissioner Higgs inquired if Chairman Scarborough is not concerned about having anything in place on Thursday. Chairman Scarborough stated with the Comprehensive Plan, the Board has been able to take things in bites; and sometimes it is possible to bite too much off. Commissioner Higgs recommended talking about the size of a bite. Chairman Scarborough stated he would like every Commissioner to have the floor to fully discuss the issues.

The meeting recessed at 3:07 p.m. and reconvened at 3:12 p.m.

*Commissioner O'Brien's and County Attorney Scott Knox's presence were noted at this time.

Commissioner Carlson stated if the Board looks at a redesign of the existing Ordinances, it should be done in a way where each element would be designed based on a whole framework; and what she heard from the business community is the reason they cannot get their arms around it is because they do not know what it really looks like or grasp the total impact. She inquired if Mr. Kendig has done modeling for this sort of thing; with Mr. Kendig responding the easiest model to do is to take pictures of things and show them. Commissioner Carlson stated that does not work; the Commissioners got pictures in the beginning, but what they need is the best possible real life scenario; and inquired if there is modeling software. Mr. Kendig stated the bufferyards are generated off a model that allows selection of the opacity and plant material, and input of the structures such as walls or berms, or increase in the distance; the numbers he gave the Board are from a model; and staff has that model. He stated what they have not done is take a photograph of an industrial building and a series of pictures of bufferyards, and through video and electronics show what a .4 bufferyard is or a .5 bufferyard is. He stated a 1.0 bufferyard is total opacity; they have tried to indicate that almost all modern industries are no problem against noise, odor, etc.; and the County is not unique in not having a lot of complaints about these things. He stated industry has cleaned up dramatically in the last year; and the Board is setting up a system that protects the County and makes life easier. He advised of lack of definition in the current air quality regulations; and stated when they were rewritten, a threshold was defined so it can now be measured. Commissioner Carlson stated her concern is that the Board has never seen a full-fledge model taking in all the zonings to see what could possibly occur amongst all of them; and what she is hearing is that because of that limitation, there are a lot of questions about where industries could go; and it is difficult to resolve. She stated the modeling was just a question she threw out to see if Mr. Kendig was up on any of that kind of stuff, and could generate something on a computer. She suggested the issue be taken in pieces, first dealing with industrial performance standards, designing a plan of work, and then testing. She stated testing is crucial before it is applied; and inquired how the standards can be tested in the real world. She stated she is looking for assurances that what will be applied will be significant. Mr. Kendig stated what the Board is going to apply is significant; this will open the door for industry more than it is under the current Ordinance; and it will open it in commercial districts where it is currently prohibited. He inquired if industry has met stringent standards to get into commercial, what is the complaint about; stated this is a giant step forward; most modern industry can meet the standards with the exception of the scale standard; and the scale standard is intended to keep development small scale so there will not be a rush to buy commercial land to convert it to industrial. Commissioner Carlson inquired if it would be possible to come up with some written examples for the Board to look at showing best and worst case scenarios.

Discussion ensued on talking to the business community, identifying industrial areas next to residential, responding to concerns, current Code restricting majority of industry in one area, lack of input from the industrial community, dealing just with heavy industry, using heavy industry as an example, lack of limitations in IU-1, and no performance standards in heavy industry.

Ms. Busacca stated under the current Code, there is no industrial in commercial; and in the proposed code, staff could show that an industrial use could locate in commercial if it met certain conditions. She stated staff can take an existing heavy industrial use and show what it would look like under the proposed code; the Board will probably not see any difference; but that can be shown, if it would be helpful. Commissioner Carlson stated it is the crossover where the County will start dealing with commercial and residential against heavy industry; and there is also the issue of making sure heavy industry is defined. Ms. Busacca inquired if Commissioner Carlson wishes staff to talk specifically about heavy industrial under today's standards against residential, and heavy industrial under proposed standards against residential. Commissioner Carlson stated the Board is attempting to safeguard the residential communities; but there are also professional office buildings that do not want industrial next to them; so the Board needs to see exactly what it is going to look like. Mr. Kendig stated that is why architectural controls are being put into business and business park zoning; in the County where he lives there are high-quality office and business parks located next to warehouse and shipping facilities of an office products distributor with no problems because there are architectural controls; and in zones where industry is not allowed now or very little is allowed, that kind of control is needed. He stated he and staff can pull out some drawings or aerial photographs to identify exactly where this is and show the Board what would happen; and that is what the Board needs to make this more understandable. Commissioner Carlson stated she understands the theory, and it is good as far as the standards; but the community needs reassurance about what it will look like in real life. Mr. Kendig advised of the ability to do a comparison using the table of uses. Commissioner Carlson advised of input from staff, Mr. Harris, Lee Engineering, Sierra Club, Douglas Sphar, Chamber of Commerce, and equipment manufacturers; and stated it is difficult to assimilate all the information. She recommended staff review the information and provide the Board with something that says what to do; and then the Board can apply it. She stated she has limited amount of time and cannot personally assimilate it all.

Commissioner Higgs stated she would hate the Board to get to Thursday night at midnight and not have a standard in place; and advised of the possibility of there being other power plants waiting and the Board not having anything in place as they file their site plans. She stated noted she is using the July 15, 1999 version.

Discussion ensued on which version to use.

Commissioner Higgs stated in Mr. Scott's memo of August 5, 1999, staff recommended considering certain things for inclusion; and she wants the Board to deal with permitted uses, general standards for heavy industry, inconsistent industry in BU-1 and BU-2, and standards for Title 5 industries being you cannot see it or smell it. She expressed concern about inconsistencies in operating hours as there could be a Wal-Mart or 7-Eleven in BU-1 or BU-2 operating 24 hours a day. She stated metal buildings are not a big issue in industry; BU-2 currently allows metal buildings with a facade; and bufferyards are not a critical issue today. She stated bufferyards may be a good idea; she likes the opacity chart; and the general standards for heavy industry and Title 5 firms, and the ability to move industry into BU-1 and BU-2 are what the Board is trying to do. She stated she is concerned about getting to Thursday night with nothing done about heavy industry; so, the conditional use permit for heavy industry is a big issue.

Chairman Scarborough inquired if the top priority is heavy industry. Commissioner Higgs stated that is where she would start, and consider a couple of things at a time. Chairman Scarborough expressed concern about opacity, and difficulty visualizing the differences between certain percentages. He commented on the need to consider things that are significant and to not overly define; and recommended the Board decide what it can do and concentrate on that. Commissioner Higgs stated she is not backing off the other issues; but the Board is not ready to go on the whole document, so it should address the key elements. Chairman Scarborough stated it would be great to do that.

Commissioner O'Brien stated the Kendig document of July 2, 1999, Section 3D, hours of operation; it is just a definition of what hours of operations means; and the standards are in another place. Commissioner O'Brien stated Section 4C deals with radiation, and the standard is weak; and if that is all that is said about radiation, it can open the door to companies which refurbish atomic submarine engines. Commissioner Higgs suggested making it a conditional use; with Commissioner O'Brien advising the current standard is far from adequate. Commissioner O'Brien advised of the concern over the Cassini launch. Commissioner Voltz inquired if it would affect hospitals; with Ms. Busacca responding yes. Commissioner O'Brien the federal government promised a repository for radioactive materials in Nevada 22 years ago, but it was never constructed; and he does not want Brevard County to become a dumping or storage ground for things like that. Ms. Busacca stated that would be dealt with under waste disposal which would be a conditional use. Commissioner O'Brien stated it would not necessarily be waste; and inquired what if it was recycling; with Mr. Scott advising that is still under the waste definition. Ms. Busacca advised it would allow for hospitals, but not recycling. Commissioner O'Brien inquired what if someone wants to build machinery with radioactive materials. Mr. Kendig responded the next level is to distinguish between hospitals and high-tech industries that have radio isotopes to do measurements, and the next level which would be the types of uses that Commissioner O'Brien is concerned about that use above a certain quantity of radioactive materials or are actually processing radioactive materials. Commissioner O'Brien inquired what would happen if a corporation in the County manufactures smart bombs loaded with radioactive materials; and stated the County must look closely at the performance standard. Commissioner O'Brien read aloud the standard for heat, humidity, and steam; advised of the statistics relating to the Oleander Power Plant; and inquired if the heat could come down to the street level and be measurable. Commissioner Voltz stated those are technical questions. Commissioner O'Brien inquired if it happens, what will the County do, and where are the teeth in the ordinance. He read aloud from Section H dealing with hazardous materials; and stated he is not sure the language goes far enough. He commented on the type of fuel used in rocketry and the level of damage that could be caused by dropping one gram. He recommended language calling for a complete safety plan and posting of contents of the building outside the door to alert firefighters in the case of an industrial accident.

Commissioner Voltz stated the Board originally wanted to go after those things that could potentially come to the County; and the language does not address them. Mr. Kendig stated anyone dealing with hazardous materials at a certain level is required by the federal government to do risk management stuff; and the question is whether the County wants to depend on that or whether, when it approves a site plan, it wants to see certain things. He stated this is not triggering a new review; it is giving the County the ability to review, the opportunity to consult with the fire departments and police, and to alter the site plan if the County is uncomfortable after reviewing the risk to neighboring properties in the community. He stated if the County wants to step that up to the next level, it could say anybody who wants to have such materials will have to have a conditional use permit. He stated that is the approach they took; and it gives the County the only protection it is going to have because the County does not have hazardous waste experts on staff; and it is common sense to map this out.

Commissioner O'Brien stated the performance standards should set a limit on any known hazardous material; and if there is more than 33 gallons, that should be dealt with in the permitting process, including how the chemical will get to the factory. He expressed concern that trucks will transport hazardous materials throughout the County; and he wants to be sure of the safety of the people in the community.

Chairman Scarborough advised of hazardous materials used at Astrotech in Titusville, and the need to be careful; and commented on zoning. He stated he would like to expedite the non-controversial items so staff can concentrate on things like hypergolic fuels. He stated this is the honest approach to zoning; and the dishonest approach is to classify everything in a big category even though everyone knows they are not the same.

Commissioner O'Brien read aloud from Section 4J concerning overweight and oversized loads being a conditional use. He expressed concern about overweight loads; and suggested there be stronger language. He commented on the situation on Townsend Road. Commissioner Voltz recommended dealing with the issue with Attorney Spielvogel prior to the Thursday meeting. Commissioner O'Brien stated the word "overweight" has to be a negative impact with a better definition. He stated Section 5A6 deals with exterior storage in commercial districts, BU-1, BU-2; and it calls for no exterior storage, all processes within the building, and no open sides or bay doors to be kept open. He stated outside storage includes pallets; and suggested the Board take another look at the issue, noting even Publix stores things outside behind the store. He advised of other businesses with outside storage; with Mr. Scott advising if that was being done, it would be a Code Enforcement issue. Mr. Scott advised currently it is permitted. Commissioner O'Brien read aloud from 5A7 concerning trucks.

The meeting recessed at 4:07 p.m. and reconvened at 4:17 p.m.

Commissioner O'Brien stated Section 5A7 says that all shipments in BU-1 and BU-2 shall be by light trucks; but 7-Eleven does not have light trucks delivering their sodas, etc. Commissioner Higgs stated she saw an 18-wheeler at a 7-Eleven this morning; and inquired if that is the standard. Mr. Scott stated staff would propose removing that provision. Mr. Kendig explained it was included to make sure it was very light industry in BU-1 and BU-2; and stated it is not for commercial. Commissioner Voltz inquired what difference it makes if the business next door is getting deliveries by 18-wheeler, and the industry cannot. Commissioner O'Brien advised of truck deliveries and shipments at his business. Ms. Busacca inquired how Commissioner O'Brien would feel about putting his business into BU-1 zone; with Commissioner O'Brien responding for the first 18 years in Cape Canaveral, his business was in an old grocery store, and he had big trucks making deliveries. Commissioner Voltz stated they would have come in anyway if it were a store; with Ms. Busacca advising it works. Chairman Scarborough stated his problem is if he goes to Publix early, there are 18-wheelers, and the stores are in residential areas; so if they are out there already, is the neighborhood going to be upset, and is that the driving force. Ms. Busacca stated it would be helpful for staff if the Board could tell it what areas to focus on, for instance in a commercial zone, whether it cares or does not care about noise, odor, or vibration. Chairman Scarborough stated Commissioner Carlson suggested defining what the Board wants to talk about on Thursday, and Commissioner Higgs threw some things on the table as far as moving in commercial with industrial; and it may take more time than just Thursday. He requested the Commissioners start thinking about where they would lead if they were to go to the heart of some of the matters Commissioner Higgs indicated and define a narrow scope.

Commissioner O'Brien stated Section 5C5 refers to the interior of a planned industrial park; and read the provision regarding scale which indicates a maximum height of 40 feet. He noted there is a factory in Chicago which makes 55 gallon drums; and the press to bend the stainless steel into the barrel shape is 72 feet high; so he is not sure that the maximum height is important to the building of a PIP or PBP. He inquired if the Board really wants to say a building in PBP can have a maximum height of 40 feet when the maximum height in Cocoa Beach is 45 feet tall, and Countywide it is 60 feet. He stated this is something he would like to take a look at, but he is not saying change it today.

Commissioner Higgs noted those are IU uses. Ms. Busacca stated 40 feet may be too low in certain circumstances; and recommended language that calls for maximum height allowance of respective zoning districts to allow different heights based on adjoining zoning and how much buffering there is. Commissioner Voltz inquired if a structure is already at 60 feet, there would be no problem with having another one at 60 feet. Ms. Busacca stated if it abuts residential, there would be a height limitation of 35 feet unless there are additional setbacks. Commissioner O'Brien stated 5D7 talks about truck limits; trucks meeting State standards are permitted; but nighttime trucking is limited to two per acre per night. He inquired why a 10-acre site would be limited to fewer trucks than a 12-acre site; and suggested limiting it to truck per hour rather than per acre. Chairman Scarborough and Commissioner Voltz noted trucks per acre is not relevant.

Commissioner O'Brien stated Section 15A says if products or materials are primarily for export, it should be a negative consideration. Commissioner Higgs stated staff has recommended deletion of that section.

Commissioner O'Brien stated if the County needs to measure noise or air quality, it can be done on an as-needed basis by outside contractors or through a joint agreement with Orange County; and it will only be needed on a sporadic basis. He inquired how performance based zoning differs from the current zoning methodology. He stated there is nothing wrong with changing the way you do business or looking at a new way of doing things, and performance based zoning is a new way of doing things; but the flip side is the County already has measures in place that work well.

Chairman Scarborough noted the number of binding development plans and restricted zonings that make it difficult for people to get into business; and the County is sending bad signals.

Discussion ensued on plugging in existing scenarios, cost, conditional use permits, ability to deny conditional use permits, establishing standards, amending present Ordinance to provide that CUP for power-generating facility must be approved by the Board, and which issues to address.

Ms. Busacca stated if the Board just looked at heavy industrial meeting standards for noise, odor, vibration, unlimited hours, unrestricted scale, no limit on exterior storage, unlimited nighttime trucking, access on collectors or arterials and no building restrictions, it would probably not be satisfied that it had taken a very large step. She stated it would be preferable to go through and look at all of the zoning classifications; the Board may not be comfortable with the odor standard, but could still allow some industrial to locate in BU-1 because there would be that flexibility without worrying about a standard the Board is not comfortable with.

Chairman Scarborough stated the exciting part is to talk about the full integration and incubator concepts without looking at the use, and going for the performance; however, that is going to take a lot more energy. He stated the Board would like to go to the heavy industrial; Commissioner O'Brien suggested doing a CUP; and inquired what options are available to the Board where it can have a meaningful dialogue without addressing every possible thing included. Ms. Busacca stated the baby step would be to say things that are permitted now will be made conditional; and there are not a lot of additional standards if the Board is only looking at heavy industrial. She stated all the Board would be doing is taking the conditional use permit standards it adopted at last week's meeting and the set of uses and putting them under the criteria.

Commissioner Voltz stated the Board could protect itself from those industries that come in by doing everything as a conditional use permit until everything is worked out. Ms. Busacca stated the Board could do anything it wanted in that arena, and there would be no additional standards except that which the Board already adopted in last week's CUP Ordinance. Commissioner Voltz stated most of those things are already inline. Ms. Busacca stated the example could be noise; the current noise standard exists, but is confusing; but the Board can continue with that. Commissioner Voltz inquired how often has that standard been used; with Mr. Scott advising it is exempt in industrial. Ms. Busacca advised odor is not a measurable standard, but the Board may be comfortable that it has gotten the County where it is today, and may be happy with it.

Commissioner Higgs inquired about airborne emissions and the Title 5 issue; and stated all uses requiring a Title 5 permit should be conditional uses. Ms. Busacca stated that can be done; but the Sierra Club has recommended changes that back off on all Title 5's because they include a great number of uses, such as dry cleaners. Commissioner Higgs stated she has a list with maybe ten including the Space Center, and she does not see a major impact if the Board were to make them conditional uses, which none are now. Ms. Busacca advised there are two kinds of permits for Title 5 industries.

Doug Sphar, representing the Turtle Coast Group of the Sierra Club, stated the DEP attorney differentiates between Title 5 and Title 5 General Permits; and Conrad White is aware of that. Commissioner Higgs requested clarification and a list of heavy industries be provided on Thursday night.

Discussion ensued on what issues the Board does and does not want to look at now.

Mr. Kendig stated eight general standards are listed; some people do not want to deal with operating hours, scale, trucks, access, or building materials; and the Board can rule out the ones it does not want to deal with at all.

Chairman Scarborough inquired if something falls into the performance standards, will it have to get a CUP and will there be latitude to look at the individual business to determine if it is relevant to the case. County Attorney Scott Knox stated the Board has just worked on beefed up standards, and some will apply while others will not. Chairman Scarborough stated one business may be great, clean industry, but deals with hypergolic fuels in minute amounts, while another business could bring in heavy stuff which is not toxic but causes a lot of dust; so every business has its own tweaking as to where it can locate and not harm the neighbors. He inquired about a CUP analysis.

Commissioner Higgs suggested adopting the structure with the existing standards, plus the CUP for the two things, pulling out bufferyards and the operating hours, and then come back in 60 days to discuss those issues.

Ms. Busacca advised of the possible outcome of such an action if an industrial use comes in with a site plan for BU-1; and stated there would be no operating, noise, or odor standards. Commissioner Higgs noted there are odor standards. Ms. Busacca responded they are difficult, and there are no additional standards; and there would be an industrial use in a commercial area with no additional standards. Commissioner Higgs inquired if the Board is comfortable with the noise standards; with Commissioner Voltz responding no. Commissioner Higgs noted she is comfortable with the noise standards. Chairman Scarborough inquired if a business next to an industry is making more noise than the industry, how relevant is noise. Mr. Kendig stated staff recommended taking the standards the Board adopted for conditional use for noise and applying them to all industrial uses. Mr. Scott stated that addresses who your neighbor will be.

Commissioner Higgs stated there is a measurable standard for odor, minus the panel. Commissioner Carlson inquired about vibration. Commissioner Higgs inquired if there are vibration standards; with Ms. Busacca responding it would not be necessary to make changes on vibration. Mr. Scott stated the standard is no vibrations across property lines. Commissioner Higgs stated for building materials, the Board adopted the existing standard. Commissioner Carlson inquired about hours of operation; with Commissioner Higgs responding she is not ready to address that; and as long as they meet the noise and odor standards, she does not care. Ms. Busacca stated there was no change to the facade or the building; with Commissioner Higgs responding it would be the current Code for use of metal buildings. Ms. Busacca inquired whether the Board is comfortable with the airborne emissions.

Commissioner Voltz stated the Board has not finished with the general standards; and it is still on industrial performance, and exterior storage. Commissioner Higgs stated if the Board adopted the current standards, it could work from there. Commissioner Carlson suggested keeping the existing standard and pulling it out at some future time. Commissioner Higgs stated the Board is making a commitment to do that; it is adopting a structure now; and it will plug in the particulars in a systematic way.

Commissioner Carlson stated exterior storage will be the existing standard. Commissioner Carlson inquired about truck shipments; with Commissioner Higgs recommending leaving the standard as it is. Chairman Scarborough stated Commissioner O'Brien mentioned some things; and suggested the Board think about the standards in light of what was said about weight of trucks and hours being more relevant. Mr. Scott stated another proposal would be to have the current situation apply for industry, but if it is going into commercial, then they would only occur for hours of operation for the industry now in the short term. Chairman Scarborough stated he is not sure where he wants to go on that issue. Commissioner Carlson inquired about access to roads; with Commissioner Higgs responding she is not sure of the impact of that, and if it goes to the major arterials, then something like Townsend Road, which has IU-zoned property is out. Ms. Busacca stated staff recommends access for industrial uses shall not traverse residential neighborhoods unless access is not otherwise feasible and is approved by the Board. Commissioners Carlson and Higgs indicated agreement. Commissioner Carlson stated existing verbiage can be included. Commissioner Carlson stated building materials has been covered; with Commissioner Higgs advising the Board is not going to change height. Ms. Busacca advised for airborne emissions, they will take Title 5, excluding a general permit, to be a CUP.

Commissioner Carlson inquired about general performance standards for water consumption. Commissioner Higgs responded she likes the 100,000 gallons, but if the Board is going to adopt the structure now, she is willing to come back to that. Ms. Busacca inquired if the Board wants staff to leave that in; with Chairman Scarborough responding there is a consensus to leave it be until the Board talks about it more. Ms. Busacca inquired about radiation; with Commissioner Higgs responding she does not think the standard needs much of anything. Commissioner Higgs stated the hazardous material standard needs further study; and the Board is not ready to adopt those standards right now.

Commissioner Carlson inquired about heat and humidity. Mr. Scott stated currently any use producing humidity in the form of steam or moist air, or producing heat shall be carried on in a manner that steam, humidity, or heat is not perceptible at any lot lines; with Commissioner Carlson advising that is fine. Commissioner O'Brien stated he wants to make sure there are standards with teeth because otherwise there will be people suffering and making calls to Code Enforcement, but nothing will ever happen because the regulations have no teeth in them.

Commissioner Carlson inquired about lighting. Commissioner Higgs stated the Board needs to work on that; and there is information from the Sheriff's Department. Mr. Scott stated the basic concept is that bright light is good for crime prevention. Commissioner Carlson stated as long as the light can be directed, bright is fine. Mr. Scott stated the Sheriff should be advised that the County allows you to illuminate your site, but not your neighbor's site. Commissioner Voltz suggested the Board look at the issue. Ms. Busacca stated staff can contact the Sheriff. Commissioner Higgs suggested leaving the issue until Thursday night.

Commissioner Carlson inquired about signs; with Ms. Busacca responding staff suggests that be referred to the Sign Ordinance. Commissioner Carlson stated bufferyards will be put on hold. Commissioner Higgs stated the Board may look at bufferyards in the context of performance standards. Commissioner Carlson inquired about hazardous materials; with Commissioner Higgs responding the Board needs to look at it, but is not ready. Commissioner Carlson advised the next issue is vibration; with Ms. Busacca advising the Board has already talked about it. Commissioner Higgs inquired about noise; with Commissioner Voltz advising the Board already talked about noise; and staff advised noise, dust and particulate matter will be under CUP standards. Commissioner Higgs suggested leaving in the language for dust and particulate matter as "no significant deposition off site." Commissioner Carlson stated the Board can take that out on Thursday.

Chairman Scarborough stated if there are Commissioners who want to have something in, it should be left in for discussion on Thursday because it is easier to delete than to add at the last minute. Mr. Kendig stated the issue with dust and particulate was whether it would apply to existing or future; that is an easy change which can be discussed on Thursday; but it would be a mistake to remove it on future development. Commissioner Higgs inquired if Mr. Kendig wants to define for staff that the dust and particulate standards will deal with future development. Commissioner Voltz stated she does not have a problem with new development; but it is the other stuff. Ms. Busacca advised it is very similar to the Board's approach to pre-existing use. Commissioner Voltz stated what the Board is doing is plugging all the things that were just mentioned into some of the other things. Commissioner Carlson stated if the Board is uncomfortable, it can get rid of it. Commissioner Carlson inquired if Section 5 is talking about permitted with conditions. Commissioner Higgs recommended changing the chart; with Ms. Busacca advising staff will do that.

Commissioner O'Brien stated he does not want to end up with a product identical to the product the Board already has. Commissioner Higgs stated the Board is establishing a structure; and then it will look at the controversial items. Chairman Scarborough noted some of the things are not being changed.

Mr. Kendig stated the Table 2 standards need to apply to the IU-1, IU-2, and Planned Industrial Park because that is where the County already has industrial; and it is going to broaden the number of uses. He stated the Board is having the most trouble where things apply to BU-1 and BU-2; the Board may take everything out of BU-1, BU-2, and Planned Business Park, and let those usages remain under the current Code; and then it can carefully consider what it wants to regulate in those zoning classifications. He noted the issue of loading and trucks is one issue the Board will want to consider. Commissioner Higgs stated that is not a serious problem. Mr. Kendig stated the Board has to be careful when it pulls out the loading standards and other standards if it is going to convert a business district to allow standard industrial rather than very light industrial; and the County would not want to diffuse its commercial districts by allowing any kind of industry. Commissioner Higgs stated there is not a shortage of commercial in Brevard County. Ms. Busacca stated it does tend to abut more residential. Mr. Kendig stated although people may not mind an occasional 18-wheeler coming up to a commercial use, no citizen is going to be happy living behind a supermarket; and the Board does not want to create more of that with industry. He suggested taking the three districts which are currently very high class uses where industry is not permitted at all, and making them part of the study to determine in detail how the Board wants to treat those.

Chairman Scarborough inquired if PIP, which is defined as very light industrial, could be put into the commercial. Mr. Scott responded it would probably be necessary to tweak the setbacks as there would be some aspects which would not fit. Chairman Scarborough stated living next to PIP is nicer than living next to a grocery store; and if the Board does not want to bite off everything, it can take a baby step here. He advised he would not mind living next to most PIP's because they are quiet in the evenings. Commissioner Higgs agreed; and suggested looking at that.

Mr. Kendig stated a lot of concern has been voiced about the standards put in which would guarantee a very clean industry; and cautioned the Board about taking all of that out without doing something else such as putting in all of the design standards that are in PIP. He stated he never looked at it from that perspective, and just tried to make sure that industries he knew could go in there would never constitute a nuisance. Chairman Scarborough stated he does not think PIP is going to create a nuisance; most people would prefer to live next to a PIP rather than a Publix; every step is by consensus; and the Board is beginning to put more things behind it so it can go to more critical issues.

Commissioner Higgs stated the Board is not going to do the buffering or hazardous materials issues at this time; and stated the recommendation for the deemed conforming section is to use the current language; with Ms. Busacca advising staff has the language for that. Commissioner Higgs stated Section 14 is a bonus, and not an onerous thing; and suggested leaving it for another day.

Ms. Busacca stated if staff thinks there is something the Board has not clearly discussed, it will leave things in because it is easier to take things out than to put them back in.

Chairman Scarborough stated there is an opportunity to meet again on Wednesday, August 11, 1999 at 12:00 noon, after the MPO meeting. Commissioner Voltz stated she has meetings all day tomorrow; and inquired after the Board goes through this on Thursday night, is it going to take whatever length of time necessary to give it to the community to get comments. Commissioner Higgs advised of her intent, after Board discussion, to adopt those things the Board outlined that were not a major deal. Chairman Scarborough inquired how the public can get copies of the document staff is developing today. Discussion ensued on distribution through Chambers of Commerce, fax, and the Internet.

B. B. Nelson commented on the proposed ordinance stopping growth, how regulations will be monitored, cost to monitor, height limitations, operating hours, conditional use permits, sign mitigation, and the impact of the ordinance on the community.

Peter Dilavore, representing Melbourne Area Association of Realtors, advised most concerns have been addressed; and inquired about the procedure, and whether areas will be revisited. He expressed concern about things that have been taken out may be put back.

Commissioner Carlson stated the Board has extracted those things it needs to study, and during the study process, if things are not needed, they will be thrown out. Chairman Scarborough advised of the dynamics of the process; and stated it will take time. Commissioner Higgs stated the Board will move forward on the study period; it would be misleading to say the Board will never look at hours of operation or the other standards; but six months ago, the other standards could have been brought forward under the Ordinance. Chairman Scarborough advised of the possibility of revisiting standards; and stated the Board is capable of amending things at any time. Commissioner O'Brien advised Mr. Kendig developed a strict package; and now the Board is determining what fits our community.

Lee Bohlmann, representing the Melbourne-Palm Bay Chamber of Commerce, commented on integration of Codes, reasons other areas thrive, effect on EDC, lighting for safety, and other industry standards.

Robert Hicks stated he agrees with the Board's actions.

Dolores Kane inquired if there is something wrong with the present Zoning Code that made the Board go through all this; with Chairman Scarborough responding yes, fundamentally so. Ms. Kane inquired if the current Ordinance can be corrected; with Commissioner Voltz responding that is what the Board did. Ms. Kane expressed concern about making Brevard County anti-business. Chairman Scarborough stated the Board's actions are pro-business.

Douglas Sphar, representing Sierra Club, commented on the need for a gate-keeping function, air quality, and enforcement; and advised two proposals have been submitted by the Sierra Club. Commissioner Higgs stated those will be looked at during the continued process.

Marjorie Derrick commented on need for protection of birds and bats; advised of a letter from James A. Newman, Ph.D. to Attorney Leonard Spielvogel concerning birds and stacks; and requested the Board include regulations for the protection of birds and bats. Commissioner Higgs stated the Board will instruct staff to look into that issue before Thursday.

Jack Walker, representing the Brevard County Manufacturers Association, applauded the Board's attempt to separate the Oleander issue from performance standards; and offered the assistance of the BCMA.

Commissioner Voltz expressed concern about the sound system and the ability of the public to hear what the Board is saying; with County Manager Tom Jenkins advising the system is being changed.

Upon motion and vote, the meeting adjourned at 5:32 p.m.

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:

SANDY CRAWFORD, CLERK
( S E A L )