August 4, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 4, 2005, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, Assistant County Manager Ed Washburn, and Assistant County Attorney Christine Lepore.

The Invocation was given by Pastor Calvin Gittner of Pineda Presbyterian Church, Melbourne, Florida.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

REPORT, RE: SAVE OUR HOMES AMENDMENT

Commissioner Voltz stated lawmakers are trying to add affordability to Save Our Homes Amendment, and inquired if Assistant County Manager Stockton Whitten could find out what that might mean to the County if it should happen.

REPORT, RE: ORLANDO SENTINEL ARTICLE ON LIFEGUARD SERVICE

Commissioner Voltz advised the article in the Orlando Sentinel was very negative about Brevard County and its lifeguard situation; she read an excerpt from the article; and stated the Board addressed the lifeguard situation, but she does not know where it is in the process and if it is in the budget. Commissioner Carlson stated anyone can put something in the Orlando Sentinel to clarify what the County is doing about lifeguards.

Discussion ensued about being compared with Volusia County, federal government operating the beaches, a State park in the south end, municipalities having their own beachfronts, Patrick Air Force Base having a beachfront, Playalinda Beach, Kennedy Space Center, Port Canaveral, and staff doing an excellent job explaining how it would work and how much of the beach they were covering at a previous meeting.

Commissioner Voltz suggested Chief Bill Farmer address the issue in the newspaper. Chairman Pritchard stated staff was charged with the responsibility of developing a plan and coming back to the Board to tell it where they need seasonal as well as year-round lifeguards and how frequent the locations should be.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint Lynn Parlier Pearson to the Brevard Commission on Aging, replacing Marilyn Washburn, with term expiring December 31, 2005; and reappoint Bob Riley to the Melbourne-Tillman Water Control District Board with term expiring September 30, 2008. Motion carried and ordered unanimously.

REPORT, RE: PSA’S FOR BREVARD TOMORROW

Commissioner Carlson advised the Board approved public service announcements (PSA’s) for Brevard Tomorrow to go on the Government Channel; and they want to make sure it is okay to put out another PSA that basically is the event they are going to have in August, a report card to the community on how they have done, and wants to make sure the Board is okay with that.

The consensus of the Board was to authorize the PSA by Brevard Tomorrow.

REPORT, RE: ANNEXATIONS

Commissioner Colon stated rumors are circulating of more annexations in the south part of the County; and she would like the Board to send a letter to the City of Palm Bay encouraging it not to accept any more applications for annexations until they have a JPA with the City of Palm Bay and other cities. She stated she has been adamant about letting her constituents know the Board plans to protect them; but when discussions occur behind the scenes it does not make her look good because people think she is aware of it. She inquired if the Chairman could send a letter to the City of Palm Bay asking it to work on the JPA before accepting any future applications for annexations; and stated based on the information she has been getting, it would be appropriate to do that.

Commissioner Voltz advised City Manager of West Melbourne Mark Ryan indicated he was going to ask the Coalition to ask all the cities to put a moratorium on annexations for six months; and inquired if he did that; with Commissioner Colon responding he did not do that at the meeting she attended. Commissioner Carlson stated Mr. Ryan thought it was a good idea but did not know if the League of Cities was going to address it; a JPA is underway with Palm Bay; the Coalition is looking into annexation and concurrency; and her concern is that the Board does not sign into the JPA something different than what the Coalition and the League of Cities agree upon. Commissioner Voltz stated she will call Mr. Ryan and ask if he asked all the cities to do that because it is much better if they do it themselves than if the Board asks them to do it. She stated if the Cities are not going to do it themselves, then the Board needs to look at that.

Commissioner Colon stated since the Board did not take action on the Charter amendment one thing she mentioned was that the Board felt it was better to work together, but her concern was business as usual; and if the Board has seen the applications that are coming in, it was like they did not communicate what is going on; so she will make a motion to send the letter to the City of Palm Bay to ask it to please not accept any more applications until they have a JPA.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to authorize the Chairman to send a letter to the City of Palm Bay encouraging it to take no further applications for annexations until a Joint Planning Agreement has been executed by the County and City.

Commissioner Colon stated the Board did not take action on the amendment because it felt it was agreed to work together, but she still sees annexation happening.

Chairman Pritchard recommended adding to the letter that the Coalition is working to resolve the issue and he hopes it will be done in a timely manner. Commissioner Colon stated that would be appropriate; and if there is anything else other Commissioners wish to add, she would encourage them to do so. She stated for things to happen behind the scenes is not professional; and that is where the lack of trust comes in. Commissioner Voltz inquired if the letter could come back to the Board on Tuesday for review; with Chairman Pritchard responding he can do that.

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

REPORT, RE: AWARD FROM VIETNAM VETERANS

Chairman Pritchard advised the Vietnam Veterans presented each Commissioner with an award for the efforts put forth by the Board and Commissioners over the last year; and expressed appreciation to the organization for the recognition.

REPORT, RE: LETTER TO CONGRESSMAN DAVE WELDON

Chairman Pritchard advised he wrote a letter thanking Congressman Dave Weldon for his tireless championing of Brevard’s beaches and his leadership that continues to be critical in securing congressional authorization and funding for the beaches; and requested authorization to sign and send the letter.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the Chairman to send a letter to Congressman Dave Weldon thanking him for his efforts, specifically the added language to the draft Water Resources Development Act, which passed the House on July 14 and is key to the long-term sustainability of Brevard County beaches, property, economy, and natural resources. Motion carried and ordered unanimously.

REPORT, RE: MID REACH PROJECT

Commissioner Colon advised the citizens of the Mid Reach are concerned that November 1, 2005 is right around the corner and turtle season will be over; and they are wondering what is Plan B regarding the Mid Reach. She stated they are planning to come to the Board at the end of August or beginning of September to get feedback on where it is moving forward to.

REPORT, RE: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT PERMIT FOR JAIL

Assistant County Manager Stockton Whitten stated they are working for a Monday due date to submit an application to the St. Johns River Water Management District to permit the site work for the jail expansion; it is their understanding that the permit has to sit on their desk for 30 days prior to review and they also understand the St. Johns River Water Management District can provide a provisional permit to allow the County to begin its site work in advance of final approval of the permit. He stated if they do that, they would save approximately 60 to 90 days in construction time; and requested a letter from the Chairman to the District requesting the project be allowed to go forward.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Chairman to send a letter to the St. Johns River Water Management District requesting a permit for the jail expansion to allow the project to go forward. Motion carried and ordered unanimously.

REPORT, RE: TABLED ITEMS

Commissioner Voltz recommended Items V.A.1 and V.B.30 be tabled because they are doing a master plan in the area that would not be ready until October.

Zoning Manager Rick Enos advised Items V.B.10 and V.B.11. have been recommended for tabling to September 1, 2005; and Items V.B.28 and V.B.29. is recommended for tabling to February 9, 2006 NMI meeting.

Chairman Pritchard stated they are doing a small area plan and the properties in V.B.28 and 29 fall in that area; the NMI Board decided not to hear the issues; he thought it was inappropriate and that they should have heard it and voted it up or down because it should go under the current law and not a proposed law; and that is what the NMI Board needs to deal with; so he wants it to go back to that Board for a decision.

Discussion ensued on holding items until a plan comes together, the District and P&Z Boards are advisory and do not make decisions, spending time on something that might change, and following the proper process.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to send Item V.B.28, MJB Investments LLC’s request for change from AU to RR-1 on 2.65 acres located on the west side of North Tropical Trail, north of Church Road; and Item V.B.29, George A. and Barbara H. Ogle’s request for change from AU to RR-1 on 21 acres located on the northeast corner of North Tropical Trail and Church Road, back to the North Merritt Island Dependent Special District Board. Motion carried and ordered; Commissioner Scarborough voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.A.3., Real Estate Investment Depot, LLC’s request for change from AU to RU-1-11 on 7.68 acres located on the north side of Main Street, west of Hammock Road, until October 6, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.A.1.,
Micco Farm and Grove, Inc.’s request for change from GU and AU to RR-1 on 760? acres located on the south side of Micco Road, west of Bird Drive, until October 6, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.B.16., Parrish Development, LLC’s request for change from AU to RR-1 on 19.34 acres located on the north side of Parrish Road, east of U.S. 1, until October 6, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.B.32., Hampden Ridge Corporation’s request for change from GU and AU to RR-1 on 161.87 acres located on the east side of Fleming Grant Road, south of Tamarind Circle, until October 6, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.B.33., Harborview Motel and Efficiencies, Inc.’s request for change from TU-1(25) to BU-1 and TU-1 removing the existing density cap of 25 units per acre on .89 acre located on the west side of U.S. 1, between 13th Street and 14th Street, until September 1, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TABLED ITEMS

Chairman Pritchard called for the public hearing to consider the recommendations of the Planning and Zoning Board on previously tabled items as follows:

Item V.A.2., Section 11, Township 30, Range 38, Parcels 500 and 501 on 5.22 acres owned by Frangar, LLC, change from RU-2-4 with CUP Z-10275 for Independent Living Facility to IN(L) and removal of CUP Z-10275, which was recommended for approval by the P&Z Board.

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

Item V.A.4., (Z0505105) Pytha Development, LLC (Danny A. Hatoum, Manager’s request for change from AU to RU-2-10 with Binding Development Plan limiting development to 96 units on 11.2 acres located west of Carpenter Road at the northeast terminus of Birdie Eagle Avenue, which was recommended for approval by the P&Z Board with a Binding Development Plan limiting development to 72 units as amended by the applicant. Applicant amended request to EU-2 for approximately 20 homesites.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.A.4. as recommended by the P&Z Board. Motion carried and ordered unanimously. (See pages for Zoning Resolutions.)

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF
JULY 11, 2005

Chairman Pritchard called for the public hearing to consider the recommendations of the Planning and Zoning (P&Z) Board, made at its public hearing on July 11, 2005, as follows:

Item V.B.1. (Z0507501) Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning on property owned by Brian Young from BU-1 to IU on 0.21 acre located on the west side of John Rodes Boulevard, south of Woodland Park Drive, which was recommended for approval by the P&Z Board.

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

Item V.B.2. (Z0507502) David and Chanda Hollingshead’s request for change from RU-1-7 to RR-1 on 1.5 acres located on the west side of John Rodes Boulevard, south of Aurora Road, which was recommended for approval by the P&Z Board with a Binding Development Plan limiting horses to one horse.

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

Item V.B.3. (Z0507503) Mattress Barn, Inc.’s request for Small Scale Plan Amendment 05S.8 to change the Future Land Use Map designation from Residential 15 and Community Commercial to all Community Commercial; and change zoning from RU-1-9 and BU-1 to BU-2 on 3.23? acres located north of U.S. 192 and west of Katherine Boulevard, which was recommended for approval of Community Commercial by the LPA and BU-2 with Binding Development Plan as offered by the applicant by the P&Z Board.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt an Ordinance amending Article III, Chapter 62 of the Code of Ordinances of Brevard County, entitled the 1988 Comprehensive Plan, setting forth the Eighth Small Scale Plan Amendment of 2005 05S.8, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI(E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date; approve the LPA recommendation of Community Commercial; and approve the P&Z Recommendation of BU-2 with a Binding Development Plan offered by the applicant. Motion carried and ordered unanimously. (See page for Ordinance No. 05-32.)

Item V.B.4. (Z0507101) Edward P. III and Susan E. Hall’s request for change from GU to AU on 1.4 acres located on the southwest corner of Areca Palm Street and Florida Palm Avenue, which was recommended for approval by the P&Z Board.

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

Item V.B.5. (Z0507102) Item removed from Agenda.

Item V.B.6. (Z0507103) Item removed from Agenda.

Item V.B.7. (Z0507104) Jack L. (Jr.) and Renee L. Angel’s request for change from GU to ARR on 1.01 acres located on the south side of Terri Lee Lane, west of Satellite Boulevard, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Item V.B.7. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.8. (Z0507105) Item removed from Agenda.

Item V.B.9. (Z0507106) D&E Pump Sales & Service, Inc.’s request for Small Scale Plan Amendment 05S.7 to change the Future Land Use designation from Residential 4 to Community Ccommercial; and change zoning from RU-1-13 and BU-1 to all BU-1 on 2.75 acres located on the west side of U.S. 1 on the south side of Dunn Street, and having frontage on the north side of Roberts Street, which was recommended for approval of Community Commercial by the LPA and BU-1 with Binding Development Plan and no access to Dunn Street and Econ Avenue by the P&Z Board.

Attorney John H. Evans represented the applicant and advised they have no problem limiting access to Econ Avenue. Commissioner Scarborough stated Dunn Street is also included, so he needs to check on it.

Discussion ensued on limiting access, a wall along Econ Avenue, and no access to Dunn Street.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to table Item V.B.9. until September 1, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item V.B.10. (Z0507107) William R. and Barbara B. Johnson’s request for change from GU to AU on 2.02 acres located on the southwest corner of Caraway Street and Cherokee Avenue, which was recommended for tabling to the August 8, 2005 P&Z meeting and September 1, 2005 Board of County Commissioners meeting with reprocessing fee required.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table Item V.B.10. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.11. (Z0507108) Billy and Dawn Nobles’s request for change from GU to RR-1 on 1.65 acres located on the southwest corner of Citrus Boulevard and Osprey Avenue, which was recommended for tabling to August 8, 2005 P&Z meeting and September 1, 2005 Board of County Commissioners meeting with no reprocessing fee.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table Item V.B.11. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.12. (Z0507109) Brian E. Luther’s request for change from AU to RR-1 on 2.5 acres located on the west side of War Eagle Boulevard, south of Dairy Road, which was recommended for approval by the P&Z Board.

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

Item V.B.13. (Z0507110) Brevard County Board of County Commissioners on its own motion, authorized administrative rezoning of property owned by James O. Baker and Robyn C. Williams from GU to ARR on 3.15 acres located on the southwest corner of Doug Williams Avenue and Stephanie Way, which was recommended for approval by the P&Z Board.

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

Item V.B.14. (Z0507111) Robert J. and Carol A. Robertson’s request for change from AU to RR-1 on 4.6 acres located on the southeast corner of Dixie Way and Burkholm Road, which was recommended for denial by the P&Z Board.

Robert Robertson stated there are many letters against it and requested RR-1 with 2.3 acres minimum lot size.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item V.B.14. to the October 6, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Commissioner Colon stated the item has been tabled to allow Mr. Robertson an opportunity to meet with the residents and Commissioner Scarborough. Commissioner Scarborough suggested Mr. Robertson call his office to set up a meeting and meet with the neighbors as well.

Item V.B.15. (Z0507112) Emerson Bissinger and Martha Jane Brinkley Bissinger’s request for change from GU to AU on 2.02 acres located on the southwest corner of Tarragon Street and Cherokee Avenue, which was recommended for approval by the P&Z Board.

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

Item V.B.16. Tabled to October 6, 2005 Board of County Commissioners meeting early in the meeting.

Item V.B.17. (Z0507114) Lloyd A. and Marian D. Stecklein (Robert Knuutila)’s request for change from GU to SR on 1.67 acres located on the west side of Adamson Road, north of SR 524, which was recommended for approval by the P&Z Board.

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

Item V.B.18. (Z0507115) Charles C. Faulkner (Robert Knuutila)’s request for change from GU to SR on 0.79 acre located on the west side of Adamson Road, north of SR 524, which was recommended for approval by the P&Z Board.

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

Item V.B.19. (Z0507201) John T. McFarlane’s request for change from AU to RR-1 on 9.82 acres located on the south side of Rayburn Road, west of Cox Road, which was recommended for approval by the P&Z Board.

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to approve Item V.B.19. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.20. (Z0507202) Ray’s Tire Center of Merritt Island, Inc. (Danny Wong)’s request for change from BU-1 to BU-2 on 0.05 acre located on the south side of Palmetto Avenue, east of North Courtenay Parkway, which was recommended for approval by the P&Z Board with a Binding Development Plan limiting it to one semi-trailer which is licensed and tagged, and the owner work with MIRA on proper landscaping.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.20. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.21. (Z0507203) William R. Willhite and Mary E. Magle’s request for Small Scale Plan Amendment 05S.6 to change the Future Land Use Map designation from Residential 15 to Community Commercial; and change zoning from GU to BU-1 on 0.38 acre located on the east side of Fox Road, north of Lake Drive, which was recommended for approval of Community Commercial by the LPA and approval of BU-1 by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled the 1988 Comprehensive Plan, setting forth the Sixth Small Scale Plan Amendment of 2005, 05S.6 to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501, Part XVI(E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date; and approve Item V.B.21 as recommended by the LPA and P&Z Board. Motion carried and ordered unanimously. (See page for Ordinance No. 05-33.)

Item V.B.22. (Z0507204) William P. and Antonia M. Pastermack’s request for CUP for horses in an SEU zone on 3.69 acres located on the west side of South Tropical Trail, south of Hacienda Drive, which was recommended for approval by the P&Z Board limited to two horses.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.22 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.23. (Z0507205) Emerald Plaza Development, Inc. (Kevin Duclos, Cheese Steak Factory)’s request for CUP for alcoholic beverages (beer and wine only) for on-premises consumption in BU-1 zone on 0.05 acre located on the west side of North Courtenay Parkway, north of Barony Drive, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.23. as recommended by the P&Z Board, but limited to restaurant use only. Motion carried and ordered unanimously.

Item V.B.24. (Z0507206) Calvin D. and Debra D. Baldwin (Diane Massey)’s request for change from GU and BU-2 to AU with Binding Development Plan limiting development to three residential homesites and no farm animals on 17.551 acres located on the south side of Lake Drive, east of Burnett Road, which was recommended for denial by the P&Z Board.

Chairman Pritchard advised the area is off Lake Drive and is some industrial; and inquired why would anyone want to build three homes on 17 acres, and is there opportunity where residents will complain about the industrial neighbors.

Doug Baldwin advised of the businesses and that the homes will be for his family, mother, and children. He presented documents to the Board, but not the Clerk; explained the surrounding area; and noted objections that he will answer.

Alan Cadorin advised of being there 21 years with a commercial operation, a target range, 12 to 14 acres of the 17 acres is water, borrow pit dug and punctured the salt water aquifer, water going into the St. Johns River, and the County letting the property go for taxes paid by somebody who sold it to Mr. Baldwin.

Discussion ensued on the history of the property, salt water intrusion, gun range allowed on commercial property but cannot abut residential property, nonconforming gun range, health and safety issues by allowing residential zoning next to gun range, heater used for target practice, antique car garage, breezeway requirements, current zoning on the property, living above the garage, Binding Development Plan, and property rights.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approve Item V.B.24 as AU with Binding Development Plan limiting development to three residential homesites and no farm animals. Motion carried and ordered unanimously.

Item V.B.25. (Z0507207) Gregory L. and Kimberly D. Grantham’s request for change from GU to SEU on 1.53 acres located on the east side of South Courtenay Parkway, south of Curry Street, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Item V.B.25. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.26. (Z0507208) Jay Humphreys and Frank Priest, Jr.’s request for change from RU-1-9 to BU-1-A on 0.21 acre located on the north side of Tennessee Avenue, east of North Courtenay Parkway, which was recommended for denial by the P&Z Board.

Mr. Enos explained the location of the property and surrounding uses.

Donna Dressler, Attorney for the applicant, advised they circulated a petition in the community; and submitted it with a map to the Board, but not the Clerk. She advised of surrounding businesses, and traffic count; noted there were only three negative responses; stated the application meets the Future Land Use Plan; and requested approval of BU-1-A.

Bob Straney, Coral Deshotel, Glenn Woodbury, and James Burnham addressed the Board indicating opposition to BU-1-A and in favor of RP. Frank Priest presented pictures to the Board of the traffic in the area. A petition was submitted requesting approval of the rezoning.

Chairman Pritchard stated he is familiar with the area, described existing uses, and suggested approval of RP. Commissioner Scarborough requested limit on hours of operation.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item V.B.26, as RP with Binding Development Plan limiting hours of operation from 8:00 a.m. to 5:00 p.m. for other than the property owners. Motion carried and ordered; Commissioner Colon voted nay.

Item V.B.27. (Z0507209) Steven R. Kendrick Life Estates (Sabrina Taliento, Michael Taliento and/or Vincent DiFranzo, Jr.)’s request for change from RU-2-10 and BU-1 to RU-2-15 on 0.22 acre located on the south side of Barlow Avenue, east of North Atlantic Avenue, which was recommended for approval of RU-2-10 by the P&Z Board and as amended by the applicant.

Commissioner Carlson inquired about concurrency; and Mr. Enos responding there was a concurrency question before it was amended to RU-2-10.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Item V.B.27 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.28. Returned to the NMI Board earlier in the meeting.

Item V.B.29. Returned to the NMI Board earlier in the meeting.

Item V.B.30. Tabled to October 6, 2005 Board of County Commissioners meeting earlier in the meeting.

Item V.B.31. (Z0507302) Duane LaBeur and David LaBeur’s request for change from AU to RR-1 on 4.82 acres located on the south side of Mount Pleasant Road, west of Main Street, which was recommended for approval by the P&Z Board with a Binding Development Plan limiting development to two homesites.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Item V.B.31 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.32. Tabled to October 6, 2005 Board of County Commissioners meeting earlier in the meeting.

Item V.B.33. Tabled to September 1, 2005 Board of County Commissioners meeting earlier in the meeting.

Item V.B.34. (Z0507401) Harry Durham Pritchett, Trustee (John H. Evans, Esquire)’s request for change from GU to AU on 100 acres located on the west side of Washingtonia Drive, north of Chesterfield Lane, which was recommended for approval by the P&Z Board.

Commissioner Carlson stated Brevard County Code, Chapter 46, Article II, Division 3 defines the area of floodplain of Lake Washington, and any properties that come within a two-mile radius have to come under specific requirements. She suggested they develop the site under the Open Space Subdivision Ordinance because of the floodplain and wetland issues; stated Woodshire Preserve has been developed as an open space subdivision; and she would like to get it combined with that in terms of keeping those corridors open.

Don Simms, representing Falcon Development, stated that is what they are going to do and are using the same engineer that did the Woodshire project. He stated their project will be the Fountains of Lake Washington; and they are going under the Open Space Subdivision Ordinance leaving big areas to the west. He stated their environmental consultant Bill Kerr met with St. Johns River Water Management District and tentatively worked out some different arrangements they think they can work with and are trying to work with the project next door so they are compatible.

Commissioner Carlson inquired if they would be adverse to a Binding Development Plan saying they are going to use the Open Space Subdivision Ordinance; with Mr. Simms responding he has no problem with that.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve Item V.B.34. with a Binding Development Plan requiring the use of the Open Space Ordinance to preserve and protect Lake Washington 100-year floodplain and the areas north and south of the property.

Commissioner Colon inquired if the Board constantly talks about being able to have that connection like Lake Washingtonia; with Commissioner Carlson responding Mr. Jeffries’ property, the Woodshire, will be built from Washingtonia up to the entrance of his property; and this applicant would have to extend that to his property line so they will be continuing to create Washingtonia further north until they hit the Viera property; and that is the point where it would stop until further discussion on extension of that property. Commissioner Colon inquired if it would be possible to put it on the Agenda in the future so they can look at the entire picture and see if there is any way of connecting it from the south end. Commissioner Carlson stated her office is looking into that; and when they did a traffic study a few years back on the Wickham Road corridor, some of the solutions to resolving the Wickham Road traffic was going to be other north/south connectors; Washingtonia was one of those that was discussed on the transportation level with those recommendations; but she can bring it back to get a global perspective on it. She requested staff prepare a report and get it to the Commissioners to give them an update of what is being done.

Item V.B.35. (Z0507402) Michael D. Hester’s request for change from RR-1 to SR on 0.53 acre located on the south side of White Road, east of Marywood Road, which was recommended for approval by the P&Z Board.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item V.B.35. as recommended by the P&Z Board. Motion carried and ordered unanimously. (See pages
for Zoning Resolutions.)

PUBLIC HEARING, RE: ADMINISTRATIVE REZONINGS

Chairman Pritchard called for the public hearing to consider the recommendations of the Planning and Zoning Board, made at its July 11, 2005 meeting as follows:

Item V.C.1. Section 07, Township 26, Range 37, Sub. DQ, Lot 2.06, owned by Thomas J. Palumbo, to remove Conditional Use Permits Z-9175 for four horses, Z-9263 for barn, Z-9838 for private heliport, and Z-10217 for two goats, which was recommended for approval by the P&Z Board.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Item V.C.1. as recommended by the P&Z Board. Motion carried and ordered unanimously. (See page
for Zoning Resolution.)

Item V.C.2. Section 19, Township 26, Range 37, Sub. DS, Lot 14.01 on 5.33 acres owned by Happy Landings Homes, Inc., to change zoning from AU and CUP Z-7430 for Residential Social Service Facility and School to IN(L) with Binding Development Plan and removal of CUP Z-9349, which was recommended for tabling to the August 8, 2005 P&Z meeting and September 1, 2005 Board of County Commissioners meeting by the P&Z Board.

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

PUBLIC HEARING, RE: ORDINANCE SETTING FORTH ELEVENTH SMALL SCALE PLAN
AMENDMENT OF 2005 (05S.11)

Chairman Pritchard called for the public hearing to consider an ordinance setting forth the Eleventh Small Scale Plan Amendment of 2005 (05S.11). He stated the ordinance needs to be denied so the property owner can go forward for vested rights.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to deny adoption of an ordinance setting forth the Eleventh Small Scale Plan Amendment of 2005 (05S.11). Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE IMPOSING SIX-MONTH MORATORIUM ON
ISSUANCE OF DRIVEWAY PERMITS ON WICKHAM ROAD

Chairman Pritchard called for the public hearing to consider an ordinance imposing a six-month moratorium on issuance of driveway permits on Wickham Road.

Darcia Jones Francey, representing A D Jones Investment Corp., advised their property is affected by this ordinance; they own the NE corner of Wickham Road and Pineda Causeway; it is vacant property; and requested 1,320 feet of it not be included in the moratorium because it does not affect southbound traffic. She advised of the history of the property ownership, State actions on Pineda Causeway, and that it is 3.2 acres and under contract signed April 1, 2005.

Susan Thompson stated it is in the moratorium but is part of the buffer and affected as far as getting a cut for a driveway; and requested it be exempt from the buffer because they are not causing the problem leaving the property because they can only go north and south is the problem area.

Planner Ryan Rusnak stated the 1,320 feet is south of Parkway Drive and the County is reviewing all developments; and if it trips the concurrency threshold, the permit could be denied. He stated this is different and they said it would not be a big development, so staff can look at it.

Commissioner Voltz inquired if they were turned down before; with Ms. Francey responding the people who have the property under contract are concerned; and that is why they are asking that the 1,320 feet not be included in the buffer area.

Commissioner Carlson inquired what is planned on the three acres; with the potential buyer responding office condos is what they are looking at and possibly a small restaurant; and they are in the process of filing for permits.

Discussion ensued on driveway cuts on Wickham Road and Pineda Causeway, traffic, impact of traffic, study to review traffic numbers, Home Depot traffic tripped capacity, expense of permits and plans, concerns of the City of Melbourne, and authorizing staff to look at formal commitments.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance establishing a one hundred eighty (180) day moratorium on the issuance of development permits for driveways on Wickham Road in Brevard County from the intersection of Pineda Causeway south to Parkway Drive; setting forth the purpose of the temporary moratorium; providing for the extent of the temporary moratorium; providing for exemptions; providing for extensions and expiration of the temporary moratorium; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 05-34.)

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to promulgate rules for review of applications. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH JESSICA AND GRAHAM McLEARY,
RE: PROPERTY LOCATED WEST SIDE OF MINTON ROAD, SOUTH OF ELLIS DRIVE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Jessica and Graham McLeary, regarding development of property located on the west side of Minton Road, south of Ellis Drive. Motion carried and ordered unanimously. (See page for Agreement.)

Upon motion and vote, the meeting adjourned at 7:31 p.m.

ATTEST: ________________________________
RON PRITCHARD, D.P.A., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
____________________
SCOTT ELLIS, CLERK

(S E A L)