The Board of County Commissioners of Brevard County, Florida, met in regular session on December 2, 1999, at 5:34 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 Attorney Scott Knox, and Assistant County Manager Peggy Busacca.

The Invocation was given by Reverend Richard Chandler from First United Methodist Church of Port St. John.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

REPORT, RE: TABLING OF ZONING ITEMS

Chairman Higgs inquired if there are any items the Commissioners intend to table that should be considered now so people do not have to sit through the entire meeting.

Commissioner Voltz recommended Items 10 and 11 be tabled. She advised it was tabled by the LPA.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to table Item 10, Rosemary Fondong's request for a Mixed Use District Boundary Expansion (to 350 feet) and a change of classification from RU-2-10 to BU-1 on 2.45 acres located on the northwest corner of U.S. Highway 192 and Gray Road to the Board of County Commissioners meeting of February 3, 2000. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to table Item 11, Robert D. Currie's request for a CUP for additional building height in an RU-2-15 zoning classification on .083 acre located on the east side of Highway A1A to the Board of County Commissioners meeting of February 3, 2000 Zoning meeting. Motion carried and ordered unanimously.

Chairman Higgs inquired if there are other items that need to be tabled; with Zoning Official Rick Enos responding yes.

Commissioner Carlson recommended Item 9 be tabled until February 8, 2000, as she needs more time to review the proposal submitted. She stated it will be heard at a regular meeting since there is a public interest determination.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table item 9, A. Duda & Sons, Inc.'s request for a change of classification from GU to BU-1 with a Binding Development Plan on 17.21 acres located on the south side of Wickham Road to February 8, 2000 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Commissioner Carlson recommended tabling Item IV.B until the December 7, 1999 regular meeting so she can meet with the homeowners.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item IV.B, Amendment to Wetland Mitigation for Post Commons Site Plan #98-12-005, to December 7, 1999 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Zoning Official Rick Enos recommended Item II.A.4 be withdrawn. Chairman Higgs inquired if anyone was present for Item II.A.4, Faith Lutheran Church of Merritt Island, Inc.'s request for a change of classification from AU and RU-1-9 to all AU and a Conditional Use Permit for a School on 5.95 acres located on the northeast corner of East Merritt Avenue and Fourth Street. Hearing no response, Chairman Higgs declared Item II.A.4 withdrawn.

Chairman Higgs suggested County Attorney Scott Knox advise the audience of the procedure the Board of County Commissioners follows in zoning hearings since they are done differently than other meetings.

County Attorney Knox stated it is a quasi judicial proceeding, meaning that the Board of County Commissioners sits as a set of judges of the evidence they hear. He stated the applicant will be given 10 minutes to present any evidence he/she chooses to present, there will be comments taken from the speakers who have filled out cards, limited to five minutes each, and a five minute rebuttal period for the applicant.

PUBLIC HEARING, RE: TABLED ITEMS OF MAY 5, 1999 PORT ST. JOHN BOARD HEARING, AND SEPTEMBER 8, 1999 AND OCTOBER 4, 1999 PLANNING AND ZONING BOARD HEARINGS

Chairman Higgs called for the public hearing to consider tabled items of May 5, 1999 Port St. John Board Dependent Special District Board hearing, and September 8, 1999 and October 4, 1999 Planning and Zoning (P&Z) Board hearings as follows:

Item 1. (PSJ90501) Patsy J. Clark's request for a Conditional Use Permit for alcoholic beverages on-premise consumption (beer & wine only) in a BU-1 zoning classification on 0.56 acre located on the west side of U.S. 1, north of Fay Boulevard, which was recommended for approval by the Port St. John Dependent Special District Board.

Attorney Tim Pickles, representing the applicant, advised prior to the current hearing, the applicant met with representatives from the community, and tentatively agreed on conditions she is willing to bind the property with. He stated the items were submitted to the County Attorney, Zoning Official Rick Enos, and Commissioner Scarborough, but there is one change he would like to present to the Board. He stated they are entitled to the Conditional Use Permit, so from that standpoint, they have established that; the planner is available if there are any questions; and if the Board is willing to grant the CUP, the applicant can live with the stipulations. He stated the applicant will agree to a ratio of 65-35 food service to alcohol service; which means 65% food and 35% alcohol; and it is just beer and wine, not liquor. He stated the applicant will provide an affidavit from a Certified Public Accountant, if requested by the Board, that based upon his/her review of the gross revenues of the establishment, the applicant would be within that 65-35 ratio. Mr. Pickle stated because there is a concern regarding the amount of incidences reported to the police, the applicant has agreed in the event the number of bona fide reports of criminal activities on the property during the hours of operation involving felonious violence, misdemeanor or felony drug use exceed 20% of the number of reports of such criminal activities on nearby similarly used properties having a beer and wine CUP, it will be grounds for canceling the CUP. He stated the restaurant shall not be open later than 10:00 p.m. on Sunday through Thursday, and 12:00 a.m. on Friday and Saturday. He stated they met with Reverend Chandler of the First United Methodist Church, and he has agreed to accept and support the granting of the CUP based on the conditions. He stated additional items added to the site plan is the closing off of rear entrance to Haverhill Road, and everything else the County requires.

Maureen Rupe, representing the Port St. John Homeowners Association, advised the Association voted to oppose the CUP for this establishment, but the Board of Directors, in light of the negotiations to resolve this, agreed not to oppose the CUP with certain conditions. She stated one condition is that it not be 65-35 ratio, but 75-25, which is the approximate ratio of other restaurants in Port St. John. She stated 65-35 is the current ratio for Dogs R Us in Titusville which has a full liquor bar. She stated the 20% criminal activity they agree with; there is not problem with the hours of operation; and they agree with no access to Haverhill. She stated one of the original concerns is that there be no sports bar; and they agree with the 75-25 ratio. She advised due to the concerns of the residents, the Homeowners Association requests the Board place these conditions on the CUP or on a Binding Site Agreement for an indefinite period.

Tim Pickles requested the Board of County Commissioners to vote on their request for a Conditional Use Permit; and stated they are willing to abide by the conditions voluntarily as grounds for granting the CUP.

Commissioner Scarborough stated he met with Dr. Chandler and Maureen Rupe; the County Attorney indicated the Board can put reasonable conditions on the CUP; and

Maureen Rupe talked with other restaurants in Port St. John, and was advised there is a 75-25 ratio. He inquired if that would be a reasonable condition to have something similar to other establishments; with Mr. Knox responding the Board can impose those conditions. Commissioner Scarborough inquired if conditions attached to a CUP ran the length of the CUP and will not have a different life than the CUP; with Mr. Knox responding typically that is what the Board has done. Mr. Knox stated it ties this particular operation to similar operations in the area, the ratios are continuous in those operations, so there is no reason to have a time limit. Commissioner Scarborough inquired if it would be appropriate to move for the CUP, and change 65-35 ratio to 75-25 ratio, and strike three years; with Mr. Knox suggesting in paragraph two in the fourth line down where it says, "activities on nearby", insert the words "any nearby similarly used properties"; on paragraph four add the words after "Edward and Lori Hoffman," "or any corporation or legal entity owned or controlled by any such family members."

Commissioner Voltz suggested striking all of paragraph four; and if the property is sold, the new owners can come before the Board to ask it to be removed if the conditions of the community change. Commissioner Scarborough stated there are some items referenced regarding the site plan; and inquired if they can be referenced as part of the CUP; with Mr. Knox responding yes.

Commissioner Scarborough advised he would like to make that a motion. Commissioner O'Brien stated he cannot support that as a motion, because the Board is putting unreasonable restraints on commercial trade and someone's way of making a living. He stated any ratio whatsoever is totally unreasonable because everything the community is worried about is answered in paragraph two--bar fights in the parking lot, making noise, beer cans on the street, being arrested for drugs, and drunks driving down the road. He stated the CUP could be revoked based upon the irresponsible actions of the owners; government should not inject itself into the business process; and the Board is here to guard the safety of the public. He stated in three years the owners may show the arrests are not taking place, and they are good citizens; the Board may want to reserve the right, if there is a certain amount of arrests taking place on their property or from patrons that have just left their establishment, that it can reconsider the CUP.

Commissioner Carlson inquired if the criminal data was considered; with Commissioner Scarborough responding if the language has been scrutinized by the community, it satisfies him. He stated the owner came before the Board for a certain type of establishment; and the Board is saying fine if it falls within certain parameters. He stated he is willing to agree with the language unless the Board would like to suggest a change. Commissioner Voltz stated the Board should not base the CUP on who it is giving it to, it must be the criteria. She stated comparing the Dogs R Us in Titusville to somewhere not in existence yet is like comparing apples to oranges; one has a full liquor bar, and this one will not; and she agrees with Commissioner O'Brien's assessment.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz to approve Item 1 as recommended by the Port St. John Dependent Special District Board, with conditions that the ratio of retail sales of food, non-alcoholic beverages and other non-alcoholic items in relation to the retail sales of beer and wine shall not be less that 75/25. Brevard County may request on an annual basis, and the permit holder shall provide within 60 days thereafter, an affidavit from a certified public accountant who has reviewed the permit holder's sales record, stating the sales of beer and wine do not exceed 25% of the total retail sales of all food and all other types of beverages of the restaurant; in the event the number of bona-fide reports of criminal activities on the property during hours of operation involving felonious violence or any misdemeanor or felony drug use or sales exceed by 20% the number of bona-fide reports of such criminal activities on any nearby similarly used properties having a beer and wine CUP (namely the properties operated as Kelsey's Pizza, Normanno's Restaurant, Corky Bell's Restaurant, The Italian Fisherman, and the International Deli), then the Board shall have the right to review this Conditional Use Permit, and if there is found to be a breach of this condition, the CUP may be revoked; the restaurant shall be open no later than 10:00 p.m. on Sundays through Thursdays, and 12:00 a.m. on Fridays and Saturdays; this CUP is also subject to commitments made on the site plan submitted with the application specifically, access will be permitted only to US 1, and there will be no access permitted to the easement located to the southwest of the property connecting to Haverhill Drive; and a 6-foot opaque wood fence will be constructed on the west property line and westernmost portion of the south property line as indicated on the aforementioned site plan. Motion ordered and carried; Commissioner O'Brien voting nay.

Item 2. (Z9909102) Robert D. Hussey's request for a change of classification from BU-1 to BU-2 on 0.57 acre located on the northwest corner of Gloria Avenue and Old Dixie Highway, which was recommended for approval by the P&Z Board.

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

Item 3. (Z9910201) Jesus Christ Greater Love Outreach Ministries, Inc.'s request for a Conditional Use Permit for a Church in RU-2-10 zoning classification on 2.06 acres of property located on the northwest corner of School Street and Pineda Street, which was recommended for approval by the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Item 3 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 4. (Z9910203) Faith Lutheran Church of Merritt Island, Inc.'s request for a change of classification from AU and RU-1-9 to all AU and a Conditional Use Permit for School on 5.95 acres located on the northeast corner of East Merritt Avenue and Fourth Street, was withdrawn by the applicant, and accepted by the Board earlier in the meeting.

Item 5. (Z9910502) P. F. and Pamela S. Nohrr and Lauren B. and Betty O. Koonin's request for a Conditional Use Permit for additional building height in an RU-2-15 zoning classification on 2.10 acres of property located on the east side of S.R. A1A, approximately 90 feet north of Atlantic Avenue, which was recommended for approval by the P&Z Board.

Chairman Higgs stated she met with Ed Fleis, and he went over the specifics of his presentation. Commissioner Voltz advised she spoke with Mr. Fleis.

Ed Fleis, representing the applicant, stated the planning report addresses the specific zoning sections; the project is consistent with the zoning; a CUP is allowed in this zoning classification; and the density does not change with or without the CUP. He stated it is consistent with the Future Land Use map density; there is a density of up to 30-units per acre, and they are planning 15-units; and the land use is compatible with surrounding properties which are also zoned RU-2-15. He stated there are specific requirements in Ordinance No. 99-43 which was adopted in August, 1999; and the application was made on August 13, 1999. He stated the Board can prescribe appropriate and reasonable conditions and safeguards; and if they meet those, they are entitled to the CUP. Mr. Fleis advised the aerial photograph shows the neighborhood clearer than can be described; there are three hotels which are 8 stories or higher; and the CUP is for two additional stories, 7 stories over 1 level of parking. He stated the Sandy Kay Condo is 10 stories, and Ocean Sands North and South are both 8 stories. He stated the height should not exceed 35 feet above the highest residence, which would allow 13 stories over 1 level of parking. He stated it is compatible with the character of the area, and meets the specific review criteria.

Commissioner Voltz inquired if Mr. Fleis would explain why they are not going wide instead of higher; with Mr. Fleis responding by being approved for additional height, they will increase the breezeway by 24.67 feet; and it will go from 39.2% breezeway to over 52% breezeway. He stated they are proposing to dedicate a 20-foot public access; it was originally proposed to be put on the south side of this property, but the P&Z Board said they wanted the public access on the north side; and people from the hotel across the street will go across their parking lot. He stated he received a letter from Villa Rivera, which abuts the property; and they have no objection to this CUP. He advised there are two people who submitted letters of objections at the Planning and Zoning meeting, and he has called both of them; and the proposed height is significantly less than what is allowed in Ordinance No. 99-43.

Ben Shoemaker, developer for the project, stated the planning report shows specifically they meet all the standards and specific criteria; the Planning and Zoning Board voted 9-1 to approve it; staff report found the general criteria has been met; and the applicants are prepared to meet the requirements.

Commissioner Voltz stated there was a building previously, it was knocked down, and this one is being put up in its place. She inquired how the Radisson Suites got to be 15-stories; with Zoning Official Rick Enos responding they may have the necessary Conditional Use Permit, or it may have been at a time when there was not a height restriction. Chairman Higgs stated most of those properties were vested many years ago. Commissioner Voltz stated all the criteria has been met, and the residents have no objections.

Motion by Commissioner Voltz, to approve Item 5 as recommended by the P&Z Board. Motion died for lack of a second.

Commissioner O'Brien stated he cannot support the motion; the Board put a 45-foot height restriction on building along the beaches; it would be a great impact on A1A, the loss of breeze and sunlight for the people living inland; and the public does not want a Miami or Fort Lauderdale. Commissioner Voltz stated there was already a condominium complex, so there would not be increased population; and if they cannot build up, they will go wider, which means they will take more of the beach. She stated she would rather see a little higher than the whole parcel covered up by a building; and that is why she is supporting it.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to deny Item 5. Motion ordered and carried; Commissioner Voltz voting Nay.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF NOVEMBER 1, 1999

Chairman Higgs called for the public hearing to consider recommendations made by the Planning and Zoning (P&Z) Board on November 1, 1999, as follows:

Item 1. (Z9911101) Carlos L. and Sandra J. Springfield's request for a change from AU to RR-1 on 6.3 acres located on the north side of Grantline Road, east of U. S. #1, which was recommended for approval by the P&Z Board.

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

Item 2. (Z9911102) Patrick E. Swinton's request for a change from TR-2 to TR-1 on 0.54 acre located on the north side of Moore Road, approximately 600 feet east of East Railroad Avenue, which was recommended for approval by the P&Z Board.

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

Item 3. (Z9911103) Sandra Pierini's request for a change from GU to ARR on 1.15 acres located on the south side of Sharpie Avenue, approximately 360 feet west of Satellite Boulevard, which was recommended for approval by the P&Z Board.

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

Item 4. (Z9911201) George A. and Linda A. Cowart's request for a change from GU to AU on 12 acres located on the north side of Fenner Road, approximately 0.24 mile west of Gray Road, which was recommended for approval by the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Item 4 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 5. (Z9911202) Norella Hostetler's request for a change from RU-1-9 to BU-1-A and a CUP for a Child Care Center on 0.41 acre located on the south side of South Courtenay Parkway, approximately 111 feet north of Garden Road, which was recommended for approval by the P&Z Board.

Commissioner O'Brien suggested a stipulation that would make the property nothing more than a child care center. Zoning Official Rick Enos stated it is a Conditional Use Permit which would be an additional use in addition to BU-1-A uses. Commissioner O'Brien advised it has been a child care center from the beginning and he wants it to stay that way, and not have all the other BU-1-A uses. Chairman Higgs inquired how would the Board do that; with Assistant County Attorney Eden Bentley responding if the applicant would voluntarily agree to a Binding Development Agreement and record it in the Public Records, that would be the correct way to accomplish that goal. Chairman Higgs inquired if Ms. Hostetler would come forward.

Norella Hostetler stated when she applied for a permit to revise the kitchen to bring it up to standards with Environmental Health, they told her she had a problem with the zoning; the zoning was changed in 1985, and she had no knowledge of that; she inquired what was needed to bring the property into compliance; and this was the zoning suggested by Mr. Richey of the Planning and Zoning Department.

Commissioner Scarborough stated Commissioner O'Brien's suggestion would allow her to continue current operation to do what she wants; and the only thing Commissioner O'Brien wants is that it stay a child care center, and not go through other uses in that zoning classification. He stated unless Ms. Hostetler plans to do something totally different with the property, the suggestion satisfies her needs. Ms. Hostetler stated that would be fine as long as she could operate and bring it into compliance; and when she chooses to sell it, she will sell it as a day care center. Ms. Bentley advised Section 62-1151G allows the Board to impose the condition, rather than make Ms. Hostetler go through the filing of a Binding Development Agreement.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Item 5 as BU-1-A and a Conditional Use Permit for child care center, with the use limited to a child care center. Motion ordered and carried unanimously.

Item 6. Mitchell S. Goldman, as Trustee's request for removal of BSP in an RU-2-15 zoning classification on 2.05 acres located approximately 240 feet south of the western terminus of Butler Avenue, which was recommended for approval by the P&Z Board. Commissioner O'Brien inquired if there was a problem with Mr. Goldman's application; with Mr. Enos responding the P&Z Board approved it with a condition subject to severance from the site plan. He stated the property was part of the parcel to the north which was the Hidden Groves Project; there was an overall site plan that covered the entire property; and when a piece of the site plan is split up, it needs to go through a process called a severance. He advised to his knowledge a severance has never been done. He stated it is not essential for that to happen prior to the zoning, but in this case it may be a good idea since there are residents in the Hidden Groves Condominium who have objected to this request.

Mitchell Goldman stated at the P&Z meeting there was no one from Hidden Groves who objected; but there were some concerns from homeowners that he would need access through their property. Commissioner O'Brien stated he wants the ingress/egress problem solved, and the severance done before it comes back to the Board. Mr. Goldman stated the access is through Hidden Groves Condominium; and he has a permanent easement from the Homeowners Association. He stated the County staff has not made it clear to him exactly what they want regarding the severance. He stated he met with Mr. Stallack and Mr. Moia, and they requested Phase 2 of the site plan be terminated; and they want it down-zoned to a lower density than what could be built on the property now. He stated he could build 32 units, but wants to put 20 townhouses on the property. Commissioner O'Brien stated the Board should hear this item at a later date, so they can talk to the neighbors and tell them what is being proposed.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to continue Item 6 until February 3, 2000. Motion carried and ordered unanimously.

Item 7. (Z99114010) Jasper A. and Hazel M. Smith's request for a change from AU to RR-1 on 1.064+/- acres located on the east side of Marywood Road, approximately 500 feet north of Carolwood Drive, which was recommended for approval by the P&Z Board.

Jasper Smith stated the property in question is on Marywood, just north of Carolwood; and he owns approximately 4 acres, and would like to rezone 1 acre to give to his daughter so she can build a home. He stated it is zoned agricultural, and he would like to rezone one acre to RR-1 so his daughter can build on it.

Barbara Falaseri stated she lives in Indian River Groves and Gardens; at one time all of the home sites were quite large and were all zoned AU; little by little they have been nibbled away; and the last remaining area of large home sites is on the north end of Marywood Road. She stated all of the current residents live on 4 to 5-acre lots and oppose Mr. Smith's request; and it creates an uncomfortable precedence even though he is just requesting it as a home site for his daughter. She inquired what will happen to that property when they pass on. She stated the acre they would split off is small so the setback would be close to the road, and would not be attractive; there is property to the south of the subject property available for purchase; so they should have bought something that was zoned correctly, or they can buy the other piece of property. She stated zoning is a kind of promise for homeowners; and when a person buys a piece of property with a certain zoning, it is an assurance that the plans and investment made in the property will have continuity. She stated they would like to preserve the lifestyle they have made for themselves in the area, and do not see any reason to change it.

Heidi Welch stated she agrees with Barbara Falaseri's remarks.

William Welch stated he agrees with Ms. Falaseri. He stated the Smiths are the most recent residents there; they bought a five-acre parcel; the original parcel was 14.52 acres; and he is concerned about the precedence this may set. He stated now it is zoned AU; if he maintains his agricultural status, and the rest of the neighborhood goes to RR-1, it could boost it from a potential of five dwellings to eleven dwellings.

Jasper Smith stated he talked with some of his neighbors prior to purchasing the property, and told them what his intentions were; there was no comment made at any time; and they did not come to the original meeting when they got the approval from the P&Z Board. He stated he has been up front from the beginning about his intentions; there is rural residential all around his property; it backs up to rural residential in Carolwood Estates; and all he is asking is that he be able to put a house there for his daughter.

Commissioner Carlson stated she has a problem with it in terms of the compatibility. She stated if the property stays AU, there are a lot of uses provided on that property such as live stock, pig farming, and many other things that may be annoying to some of the existing RR-1 residences near there. She stated the people who have AU property are not interested in changing it to RR-1; and it is incompatible with the area.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to deny Item 7. Motion carried and ordered; Commissioners O'Brien and Voltz voting nay.

Item 8. (Z9911402) Thirrel A. and Roberta M. Altman's request a change of classification from GU and AU to AGR on 11.36 acres located on the west side of Jones Road, approximately 0.36 mile north of Eau Gallie Boulevard, which was recommended for approval by the P&Z Board.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item 8 as recommended by the P&Z Board. Motion ordered and carried unanimously.

Item 9. (Z9911403) A. Duda & Sons, Inc.'s request was tabled by the Board to February 8, 2000 earlier in the meeting.

Item 10. (Z9911501) Rosemary Fondong's request was tabled by the Board to February 3, 2000 earlier in the meeting.

Item 11. (Z9911502) Robert G. Currie's request was tabled by the Board to February 8, 2000 earlier in the meeting.

Item 12. (Z9910103) Edward H. (Sr.) and Lynn H. Chartier's request for a change from GU to AU on 1.04 acres located on the east side of Knoxville Avenue, approximately 120 feet south of Dalhi Street, which was recommended for approval by the P&Z Board.

Commissioner Scarborough recommended Mr. Chartier come forward to speak with the Board.

Zoning Official Rick Enos advised the peculiar thing about the AGR classification, even though it is an agricultural classification, it permits a mobile home, whereas the AU does not; and AU cannot be considered because of the size of the property. He stated the applicant understands and does not want a mobile home; and he has indicated his willingness to restrict the use to those uses not to include a mobile home. Commissioner Scarborough inquired if Mr. Chartier agrees; with Mr. Chartier responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Item 12 as recommended by the P&Z Board restricting uses not to include mobile homes. Motion carried and ordered unanimously.

CONSIDERATION, RE: DEDICATION OF EASEMENT FOR BEACH ACCESS IN INDIAN HARBOR BEACH AREA

Commissioner Voltz inquired if the Board needs to address this item; with Zoning Official Rick Enos responding the applicants have left, so they have obviously abandoned it.

DISCUSSION, RE: EXOTIC ANIMALS

Commissioner O'Brien advised he had a meeting with Gary Ridenour on December 1, 1999, who showed him some maps of the new GIS system; and one of the maps showed an AU parcel at the end of a street that was the only AU parcel in the area. He suggested the Board look at how many parcels are large enough within a community where someone could have exotic animals and birds.

Commissioner Scarborough stated he received a telephone call from a gentleman who raises exotic animals, and wants to know what the rules are. He stated a lot of people want to play by the rules; and it needs to be defined because it could be from exotic birds to exotic beasts. Commissioner Scarborough stated if there is a fire in North Brevard, and someone in the area is raising bengal tigers, it could be a dangerous situation; and even if the person next door does not object to a certain exotic animal, the Board still needs to concern itself with the fact it is an activity that is coming into the County because it is lucrative. Commissioner O'Brien stated the County could create a zoning for raising exotic animals only. He stated when exotic birds screech, they can be heard from miles away. Commissioner Voltz stated it is a very touchy issue, but one that must be addressed for public safety. No action or direction to staff was given.

Upon motion and vote, the meeting adjourned at 6:48 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)