The Board of County Commissioners of Brevard County, Florida, met in regular session on August 21, 1997, at 5:34 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, Community Development Administrator Peggy Busacca, and Assistant County Attorney Eden Bentley. Absent were: County Manager Tom Jenkins and County Attorney Scott Knox.

Chairman Randy O'Brien led the assembly in the Pledge of Allegiance.

PROCEDURE

Chairman O'Brien advised the audience of the proper procedure for addressing the Board.

ORDINANCE, RE: AMENDING SIGN REGULATIONS

Commissioner Voltz stated the Sign Ordinance is scheduled for August 26, 1997; she does not know how long it will take; the Board also has a meeting on Tuesday evening with the Economic Development Commission and Boeing; and suggested the Ordinance be continued to the September 9, 1997 meeting.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to consider at the August 26, 1997 meeting continuing public hearing on ordinance amending sign regulations to September 9, 1997 meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5, 1997 AND JULY 7, 1997, ITEMS 6, 18 AND 22

Chairman O'Brien called for the public hearing to consider the Planning and Zoning Board recommendations of May 5, 1997 and July 7, 1997 as follows:

Item 6. Ronald E. Dimenna's request for change from SR to SR with a BDP on 21.24 acres located on the south side of North Tropical Trail, west of Colony Park Drive, which was approved by the P&Z Board with a BDP as voluntarily submitted by the applicant.

Zoning Official Rick Enos stated staff received a request from the applicant to table the item until September 25, 1997.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table Item 6 to the September 25, 1997 BCC meeting. Motion carried and ordered unanimously.

Item 18. Donald J. and Sandra W. Handfield's request for change from BU-1 to BU-2 on 3.35 acres located on the west side of U. S. 1, north of Latimer Street, which was approved by the P&Z Board.

Commissioner Scarborough stated the applicants intent is to put in a nursery; they discussed the need to keep the integrity of the BU-1 in the area; and a Conditional Use Permit for nursery purposes was suggested.

Donald Handfield advised of his support for the CUP.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve a Conditional Use Permit for Item 18. Motion carried and ordered unanimously.

Item 22. George Kurnath and Sophie Kurnath's request for change from AU to RR-1 on 2.2 acres located on the north side of Grant Road, east of Amanda's Avenue, which was approved by the P&Z Board.

John Wigglesworth, representing the applicant, stated questions were raised at the last meeting about the neighboring properties; he thought the zoning was RR-1 on either side of the proposed property which they are not; there are two residences both to the east and west; however, they are zoned AU. He stated the applicant wishes to have the zoning changed to RR-1 at the advice of the Planning and Zoning Board because it is only a 2.2-acre tract of land and was not grandfathered in; the owner of the property chopped it up; and 2.2 acres does not qualify to have a home built on it.

Commissioner Higgs stated she does not believe it is consistent with what she has been told in terms of being able to build on the property.

Assistant County Attorney Eden Bentley stated if the lot was broken up after the AU was placed on the property, it would not be grandfathered in.

Zoning Official Rick Enos stated the existing parcel is a combination of lots and parts of lots, none of which qualifies a non-conforming lot of record under the current AU zoning; the applicant has a parcel that is comprised of lots and parts of lots that are unusable under the current AU zoning; the parcels to the west and east each contain one lot that is a non-conforming lot of record; and that is why those lots could be built upon under the AU zoning, even though they are the same size as the proposed parcel. He noted in order to build anything on this property, it needs to be rezoned to RR-1.

Commissioner Higgs stated someone has created this situation where the only way they can use the property is to rezone it; they have left themselves, by their action, with a difficult situation; it leaves the Board with a difficult situation because there is no RR-1 around there; and if the Board allows this to go forward, then it is establishing the presence of a different type of zoning in the area other than what is there and potential inconsistency. She inquired is there any other way to do this because she is uncomfortable putting RR-1 zoning there.

Discussion ensued on grandfathering in the property, reconfigured lots, RR-1 zoning, significant change in size of lots in the neighborhood, binding development plan limiting to one lot, lower density, and nonconforming lots of record.

Mr. Wigglesworth stated the buyer has made the statement that he has no problem with zoning the property RR-1 with a binding development plan of only one residence on the property.

Commissioner Higgs inquired what happens if other people decide this is a nice way to go; the County has then created 30 or 40% more lots than what it would have potentially had with the existing lots; and it may be a problem in terms of accumulative affect. Mr. Enos stated that would be true under the RR-1 zoning with no further restrictions.

Discussion continued on establishing a precedent, precluding others from creating more lots, three frontage parcels on Grant Road, the intent to reduce density from lots that were 1.4 acres to lots that were 2.2 acres, and problems with the middle parcel.

Commissioner Higgs inquired if there is any other way to solve the problem of making this a buildable lot without creating a unique zoning in the area; with Ms. Bentley responding negatively.

Commissioner Cook stated if the applicant restricts the property to one house, it is a lower density than the surrounding properties.

Commissioner Higgs stated if the applicant agrees to a binding development plan, then the County does not have a problem here; it is the precedent she is concerned about of people creating this problem, and the Board, by zoning, basically doing a unique zoning in the midst of these properties; and it is not something it normally does. She noted she is not interested in creating an unbuildable lot; and inquired if Mr. Enos sees any other choice other than leaving the applicant with an unbuildable situation.

Mr. Enos stated the applicant could request a variance; he is not sure it would qualify because it is a self-created circumstance; and he would discourage that as the solution, plus it puts the Board of Adjustment in a spot also.

Commissioner Cook stated the County may be covered with Commissioner Higgs' initial statement that this would not be creating a pattern if it was done to reduce the density of the surrounding properties.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve RR-1 with Binding Development Agreement of one residence on 2.2 acres. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF AUGUST 4, 1997, ITEM 1

Chairman O'Brien called for the public hearing to consider the Planning and Zoning Board recommendations of August 4, 1997, as follows:

Item 1. Bathina Enterprises, Inc.'s request for Mixed Use District Expansion from Residential to Mixed Use and change from RA-2-10 to BU-1 on .643 acre located on the south side of Spring Street, west of U. S. Highway 1, which the LPA approved the MUD Expansion and the Port St. John Dependent Special District Board approved the MUD Expansion and zoning change from RA-2-10 to BU-1.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 1 as recommended by the LPA and Port St. John Dependent Special District Board. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF AUGUST 4, 1997, ITEMS 1 THROUGH 20

Chairman O'Brien called for the public hearing to consider the Planning and Zoning Board recommendations of August 4, 1997, as follows:

Item 1. Duane A. Watson, Trustee's request for change from BU-1 with Binding Site Plan to BU-1 with no Binding Site Plan on 2.159 acres located on the south side of U. S. 192, between State Street and Commodore Street, which was approved by the P&Z Board.

Commissioner Voltz stated she talked to Mrs. King who lives directly across the street from this property on State Street; she told Mrs. King she would request that the Binding Site Plan be left on the last 50 feet of the property as it runs directly into residential; and that is the only way she can support this item.

Attorney David Gunde, representing the applicant, stated they are requesting the Binding Site Plan be removed with the BU-1 zoning; the property was originally subject to a Conditional Use Permit for mini-warehouses which is no longer allowable; the Binding Site Plan is custom tailored for development of mini-warehouses on the property; and requested the Binding Site Plan be removed. He advised the Planning and Zoning Board recommended approval of the item 8:1.

Commissioner Voltz stated the front of Mrs. King's house will be directly at the back end of the proposed property; and if the applicant wants to leave the Binding Site Plan on the back 50 feet, she does not have a problem taking it off the rest of the property.

Commissioners Cook and Voltz stated they met with Mr. Enos and have been briefed on various zoning items.

Duane Watson stated there is going to be a six-foot masonry wall between the residential and commercial; when Mrs. King looks outside, she will be looking at the wall; and he would like to have a 40-foot setback.

Commissioner Voltz stated she does not see where 10 more feet is going to make that much of a difference; and requested ingress and egress be 75 feet from U.S. 192. Mr. Watson concurred with leaving the south 50 feet as a natural buffer and ingress/egress 75 feet from U.S. 192.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve BU-1 zoning with a Binding Development Agreement, leaving the south 50 feet as a natural buffer and ingress/egress 75 feet from U.S. 192. Motion carried and ordered unanimously.

Item 2. Thomas C. and Violet R. Westcott and Gary W. and Deanna G. Conner's request for change from RR-1 to AU on 10 acres located at the western terminus of Eldorado Way, which was approved by the P&Z Board.

Commissioner Cook stated it is his understanding that the applicants plan to have no more than five horses.

Paula Haderle stated they plan on having five to seven horses.

Thomas Westcott stated the number of horses is not the issue; and they have five acres of property they cannot use.

Commissioner Cook stated he understands; he wants to make sure the applicants can use the property; and inquired is it the applicants' intention to not have a boarding operation. Mr. Westcott responded his daughter is a 4-H leader; and she has 4-H kids who would like to board horses at her place.

Commissioner Cook inquired if the applicants are willing to cap the amount of horses at 7; with Ms. Haderle requesting the cap be at 10. Commissioner Cook expressed concern with surrounding properties and a boarding operation going in there.

Deanna Conner inquired if they can leave the number of equines to the property the same as RR-1 would allow; and stated they are willing to consent to that which is a lot more than they would put there.

Commissioner Cook stated there could be no boarding with RR-1 zoning; and AU zoning can have boarding. He noted there could be no more than 10 horses in the aggregate and no more than the boarding of five horses; with the applicants responding that is acceptable.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve AU zoning with Binding Development Agreement of no more than 10 horses total, including no more than five horses for boarding. Motion carried and ordered unanimously.

Item 3. Liberty L. Sakryd's request for CUP for towers and antennae in AU zone on 2.5 acres located on the east side of Babcock Street, south of Valkaria Road, north of Grant Road, which was denied by the P&Z Board.

Thomas Page, representing the applicant, stated they have requested, since the initial application, a height reduction to mitigate the visual impact and eliminate the need for tower lighting; the adjacent properties are agricultural zoning and not residential; and some of the issues that came up earlier have been addressed. He delineated the proposed property on a map. He stated they are proposing to develop less than 7% of the site; the remainder will be left as undeveloped preserved area for vegetation and habitat; and the co-location issue has been addressed thoroughly in the intended plans.

Gary Hess, representing American Tower Systems, stated they are a tower provider and not a tower user; there has been heightened awareness of towers recently because of all the new providers that require towers now to provide their services; and they wish to have as many users on one tower as possible to make the tower profitable to them. He noted this is where the towers are going today due to the controversy they have created; and they hope this tower will eliminate the need for five towers. Mr. Hess stated this tower is designed to hold as many users as possible; it will be one tower less than 200 feet; it will not be lit or marked; and requested the Board consider it on that merit. He noted they will do everything possible to be a good neighbor, maintain this, and meet all the requirements.

Attorney Cheryl Pence, representing Sprint PCS, urged the Board to approve the proposed tower; stated Sprint PCS tries to be very sensitive to the community; it co-locates in every possible instance; and it has managed co-location in 95% of its sites. She noted in the Orlando market, it has only managed 75% co-location to this point; this particular proposed tower fits Sprint PCS's radio frequency system; and it has been able to reach levels of co-location that most other carriers have not. She stated one of the reasons this is an excellent site for Sprint PCS's purposes is that it is designed, not just for the mobile phone users, but for the static population, the households; it is here not to just compete with cellular phones and car phones, but to compete with land line phones; and it is going to have to cover the areas where people live, as well as the highways upon which they travel. Attorney Pence stated the County's setback of five times the tower height as it relates to AU zoning is excessive; she has never seen in any other state, including Florida and California, five times the tower height adjacent to an AU-type zoning; and it is an over-kill to protect the public health, safety and welfare, including the aesthetics issue. She stated this is an excellent site; and requested the Board approve the CUP.

Commissioner Higgs stated she and Thomas Page had discussions on towers when the Board was having the public hearings on the Ordinance, although they have not talked about this specific zoning application. Commissioner Cook stated during the hearing process on the Ordinance, he also had a meeting with the applicant and his wife, but it was not specifically on this item. Commissioner Voltz stated several months ago, the applicant and his wife came to her office and said he would be bringing this site forward. Mr. Thomas stated the purpose of his visit to the Board members was not regarding this particular item, but the Tower Ordinance itself.

Randall Rafler advised of his opposition to the CUP request; stated there are already enough towers in the area; and inquired if the Commissioners would like to have a tower placed within one mile of their homes. He stated the Board needs to consider what is the greater public good for the use of this property; and the request is unnecessary at this time. He requested the Board deny the CUP.

Commissioner Higgs stated the P&Z Board recommended denial; she will move the P&Z Board's recommendation for denial based on the Ordinance in place; and the request does not meet the requirements for a waiver.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny Item 3 as recommended by the P&Z Board. Motion carried and ordered; Commissioner Voltz voted nay.

The meeting recessed at 7:03 p.m. and reconvened at 7:25 p.m.

Item 4. Brevard County Board of County Commissioners on its own motion, authorized administrative rezoning on which a development order had been submitted initiating a consideration of a change in zoning classification in accordance with the provisions of Future Land Use Element XIII, Policy 10.2, Brevard County Comprehensive Plan as adopted on September 8, 1988, on .24 acre located on the east side of U.S. 1, north of 4th Street, from BU-2 to RU-1-11, which was approved by the P&Z Board.

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

Chairman O'Brien inquired if Brevard County is the applicant for rezoning someone's property. Mr. Enos responded under Policy 10.2 of the Land Use Element of the Comprehensive Plan, it states that staff is to initiate administrative rezoning on circumstances where the current zoning is inconsistent with the Comprehensive Plan; and the County needs to do the administrative rezoning eventually. He noted in a circumstance like this where the property owner is ready to build and is willing to build something that is consistent with the Comprehensive Plan, that causes the County to initiate administrative rezoning of the parcel on the owner's behalf now rather than waiting for the County to get to it as part of a small area plan.

Chairman O'Brien stated all he sees listed here is Brevard County; he does not know who owns the property or anything else about this item. Mr. Enos stated staff can do it in the name of the property owner in the future.

Commissioner Cook stated the key element here is that the owner is consenting to this; with Mr. Enos responding affirmatively.

Item 5. Leo and Eunice Llonch's request for change from GU to BU-1 on 4.27 acres located on the west side of U.S. 1, south of Micco Road, which was approved by the P&Z Board.

E. M. Cunningham, representing the applicant, advised of their support for the item and requested the Board's approval.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 5 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 6. Santram Enterprise, Inc.'s request for CUP for trailer and truck rental in BU-1 zone on 0.52 acre located on the west side of A1A, south of Oak Street, which was approved by the P&Z Board.

William Korn, representing Leisure Living Condo Park, and Kathleen Adams, representing Tradewinds Association, advised of their opposition to the CUP request due to safety concerns, limited parking, compatibility with the character of surrounding properties, and the eyesore.

Commissioner Higgs stated the presence of the trailers and multiple vehicles on the site is incompatible with the area; in regard to the County's standards of review for a CUP, the conditions will result in a detrimental impact on the surrounding properties; the potential nuisance factor is generated by the traffic and congestion; and this operation has been in effect for a number of months. She noted the proposed use will not be compatible with the residential character of the surrounding area; and it will be detrimental to the safety of people who use this area driving and use the bikepath.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to overrule the P&Z Board and deny Item 6. Motion carried and ordered unanimously.

Item 7. Avatar Properties, Inc.'s request for change from AU to BU-1 on 1.2 acres located on the west side of U.S. 1, south of Barefoot Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Item 7 as recommended by the P&Z Board. Motion carried and ordered unanimously.

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

Item 8. Duane A. Watson, Robert Milliken, Paul Lewis and Charles Church's request for change from GU, RU-2-15 and RU-1-9 to BU-1 on 8? acres located on the south side of Audubon Road, north side of Merritt Avenue, east of Merritt Avenue/Hampton Way intersection, which was approved by the P&Z Board with a Binding Development Plan as voluntarily offered by the applicant and no access to Audubon Road.

Attorney David Gunde, representing the applicant, stated the proposed property is approximately 35 acres located in central Merritt Island; they are requesting BU-1 on approximately eight acres of the property; the Planning and Zoning Board recommended approval by a vote of 8:2; and submitted a packet of information to the Board, including an aerial photograph of the site and Binding Site Plan, pursuant to the P&Z Board's request, which shows where the only ingress and egress for the parcel will be located off of Merritt Avenue and a 15-foot landscaped buffer for the residents' benefit who live behind the subject property. He noted correspondence is also included from the St. Johns River Water Management District which details that it does not anticipate any problems with location of the culvert as shown on the map; and he has letters from Deborah Coles stating the Environmental Permitting Section does not have any environmental concerns with placement of such culvert, and from the Public Works Department indicating it does not anticipate any problems with the culvert. Attorney Gunde stated rezoning to BU-1 is the best thing for Merritt Island as far as development of the property; it is consistent with the Merritt Island Redevelopment Agency; there is a letter in the record to that effect; this development is consistent with the Future Land Use Plan; and requested the Board's support.

Commissioner O'Brien noted there will be no access to Audubon Road; there will be total ingress and egress on Merritt Avenue; and the culvert is at the landowner's expense.

Eric Kemmler, representing Hampton Homes, expressed his opposition to the rezoning request; stated the neighborhood is nice and quiet; and he would like to see it stay that way. He noted he had individuals sign a petition; all of them were opposed to the zoning change; it would negatively impact the neighborhood; and there are plenty of businesses and opportunities already on Merritt Island.

Commissioner Cook stated something is going to go on this property; it is already zoned for condominiums; and if this particular development does not happen, another development will; this may be better if there is no access to Audubon Road and a landscaped buffer; and it may be an improvement over what could go there now.

Ed Baglioni submitted a petition to the Board opposing the request; stated such petition was signed by his neighbors in Hampton Homes and other interested constituents; the request is not consistent with the locational criteria for community commercial found in the County's policies, including Policy 4.4; and such Policy states "Community commercial clusters shall be located at a minor/major arterial intersection, and intrusions of these land uses into the surrounding residential areas shall be limited." He stated Policy 4.8 says, "Additional commercial land use and strip commercial areas may only be considered where the pattern of development is established or appropriate"; there would have to be a lot of commercial properties going up along that area which would show they have established a pattern there; and there has been no pattern. Mr. Baglioni urged the Board to reject the proposed rezoning request.

Patty Simpson advised of her opposition to the BU-1 zoning request; and stated the Board needs to take into consideration the land that is already there, the people who live on it, and their future. Attorney Gunde stated he has not heard any competent substantial evidence and any proof that would speak against this proposed zoning; they have addressed concerns of the Hampton Homes residents by submission of the Binding Site Plan, pursuant to the Planning and Zoning Board's request, that shows and limits all ingress and egress strictly off of Merritt Avenue and provides landscaped buffering; the letters submitted into the record adequately establish the applicant's position and entitlement to the rezoning; and requested the Board's approval.

Commissioner O'Brien stated a statement was made earlier that there are no other commercial properties at the intersection. Attorney Gunde responded immediately adjacent to the property is BU-1-A zoning; and the trend exists of commercial development on Merritt Avenue.

Commissioner O'Brien stated there is no competent substantial evidence to deny this request; it is adjacent to BU-1 property presently which is Paul Lewis Insurance; and they have agreed to a Binding Development Plan. He noted the lighting on the proposed development may cascade into the yards on Audubon Road, and inquired if the applicant would be willing to include in the BDP that the lights be shielded and a 12-foot minimum natural buffer between the BU-1 property and Audubon Road; with Mr. Watson responding affirmatively.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve BU-1 zoning with a Binding Development Agreement as voluntarily offered by the applicant, including no access to Audubon Road, lighting being shielded, and a 12-foot minimum natural buffer between the BU-1 property and Audubon Road. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

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

Item 9. Steven Spivey's request for change from GU to ARR on 1 acre located on the northwest corner of Freda Trail and Olkowski Avenue, which was approved by the P&Z Board.

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

Item 10. Hoyt G. and Sarah A. Mack and Ola Mae Mack's request for change from AU to RR-1 on 1.01? acres located south of Park Road, west of U.S. 1, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 10 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 11. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1.24 acres located on the south side of Desert Sands Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 11 as recommended by the P&Z Board. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE FOR FOURTH SMALL SCALE PLAN AMENDMENT OF 1997, 97S.4 - KEITH AND KAREN MOORE

Chairman O'Brien called for the public hearing to consider an ordinance setting forth the Fourth Small Scale Plan Amendment of 1997, 97S.4, Keith and Karen Moore, Owners.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Ordinance amending Article III, Chapter 62, of the Brevard County Code, entitled "The 1988 Comprehensive Plan", setting forth the Fourth Small Scale Plan Amendment of 1997, 97S.4, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Future Land Use Map Series; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

Item 12. Keith and Karen Moore's request for Small Scale Plan Amendment (97S.4) that proposes to change the use of land from Residential to Mixed Use on the Future Land Use Map and change from AU and BU-1 to all BU-1 on 1.5 acres located on the east side of U.S. 1, north of Jay Jay Road, which the LPA approved Small Scale Plan Amendment to Mixed Use and the P&Z Board recommended approval of BU-1 zoning.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 12 as recommended by the LPA and P&Z Board. Motion carried and ordered unanimously.

Item 13. Ruth D. Wolfe's request for change from GU to RRMH-1 on 1.26 acres located on the north side of Suntee Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 13 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 14. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1.39 acres located on the south side of Desert Sands Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 14 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 15. John A. Nett and Elizabeth A. Cadreau's request for change from GU to AU on 3.86 acres located on the east side of Adamson Road, north of S.R. 524, which was approved by the P&Z Board.

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

Item 16. David F. and Patricia L. Champion's request for change from GU to ARR on 1.24 acres located on the southwest corner of Burning Tree Avenue and Satellite Boulevard, which was approved by the P&Z Board.

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

Item 17. Daniel J. Marchion's request for CUP for alcoholic beverages for on-premises consumption in IU on .97 acre located on the northwest corner of South Industry Road and East Industry Road, which was denied by the P&Z Board.

Commissioner Scarborough stated he has had the opportunity to watch the traffic patterns and observe the nature of the surrounding businesses which is very heavy industrial; the utilization of alcoholic beverages with the number of turns and type of traffic has a potential traffic hazard that is not appropriate; and he will make a motion for denial.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to deny Item 17 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 18. Estate of Paul Albrecht's request for change from GU to RRMH-2.5 on 5.7 acres located on the west side of Blounts Ridge Road, north of Aurantia Road, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 18 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 19. Zoning Official's Report. No report.

Item 20. Merritt Island Post 5440 Veterans of Foreign Wars of the United States, Inc. Withdrawn by the applicant.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF AUGUST 4, 1997, ADMINISTRATIVE REZONINGS

Chairman O'Brien called for the public hearing to consider the Planning and Zoning Board recommendations of August 4, 1997 for administrative rezonings, as follows:

Item 1. Mehran and Esfandiar Ghaenizadeh, et al, Anthony G. and Marsha A. Hynes, Robert E. and Joann S. Schuett, and Southern Bell Telephone and Telegraph, et al, current zoning RU-2-4 and proposed zoning RR-1, which Item C., Robert E. and Joann S. Schuett was tabled by the P&Z Board to its November 3, 1997 meeting and remainder of items approved as recommended by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Item C., Robert E. and Joann S. Schuett to the November 3, 1997 P&Z Board meeting as recommended and approve remainder of items as recommended. Motion carried and ordered unanimously.

Item 2. Joseph and Hanh T. Nguyen, current zoning RU-2-10 and proposed zoning RR-1, which was approved by the P&Z Board.

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

Item 3. State of Florida IITF/Maintenance Camp and United States of America, current zoning RU-2-4 and proposed zoning GML, which was approved by the P&Z Board.

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

Item 4. John R. and Sharon M. Rudolph and Margaret M. Hoffman, current zoning RU-2-4 and proposed zoning RR-1, which was approved by the P&Z Board.

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

Item 5. CD/MIFT Partnership, current zoning RU-1-13 and proposed zoning RR-1, which was approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Item 5 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 6. Bonita Rose Delorenzo Trustee, current zoning RU-2-4 and proposed zoning RR-1, which was approved by the P&Z Board.

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

Item 7. Zoning Official's Report. No report.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT REGULATIONS

Chairman O'Brien called for the public hearing to consider ordinance amending Chapter 62, Land Development Regulations.

Commissioner Cook stated he has some reservations to the proposed ordinance; it would allow goats and ducks in the backyard; and he is concerned about the neighbors. He noted he does not like the ordinance the way it is written.

Commissioner Higgs stated the Board can request staff to further define animals and continue the public hearing; and there could be Class A and Class B animals.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to continue public hearing to consider ordinance amending Chapter 62, Land Development Regulations, pertaining to pets and animals to the September 25, 1997 meeting for staff to further delineate the definition of animals. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 8:26 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)