The Board of County Commissioners of Brevard County, Florida, met in regular session on October 7, 1999, at 5:35 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, Assistant County Manager Peggy Busacca, and Assistant County Attorney Eden Bentley.

The Invocation was given by Commissioner Nancy Higgs.

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

APPROVAL, RE: DATES FOR FEBRUARY AND MARCH, 2000 ZONING MEETINGS

Assistant County Manager Peggy Busacca requested Board approval of dates for the February and March, 2000 zoning meetings.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve February 3, 2000 and March 2, 2000 for the Board's zoning meetings. Motion carried and ordered unanimously.

DISCUSSION, RE: STAFF REPORT ON MONKEYS

Commissioner Higgs stated she met with some citizens who have concerns about monkeys; and requested a report from staff on how and where monkeys are permitted under the current Code, the special problems involved with monkeys, and if there are options the Board may want to consider. She stated there was a report on a national news show regarding special problems with monkeys. Chairman Scarborough inquired if the concern is with monkeys confined as pets or monkeys in the wild; with Commissioner Higgs responding they are not in the wild.

Commissioner O'Brien stated he received a call from an individual having problems with damage created by monkeys; neither the condominium association nor the City of Cape Canaveral would do anything about the problem; and he was unable to assist with the individual's request to outlaw monkeys as pets.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to provide a report to the Board on how and where monkeys are permitted, and any special problems involved. Motion carried and ordered unanimously.

Commissioner Voltz advised of a recent request concerning pot-bellied pigs.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF SEPTEMBER 8, 1999 AND OCTOBER 4, 1999

Chairman Scarborough called for the public hearing to consider the recommendations of the Planning and Zoning Board made at its September 8, 1999 and October 4, 1999 meetings, as follows:

Item 9. (9909501) Leon M. Weekes, Trustee's request for change from RU-2-10 with a BSP to EU-2 with removal of the BSP; and CUP for a Church on 10.6 acres located on the south side of Aurora Road, approximately 450 feet west of Wickham Road, with the CUP for Church located 1,000 feet west of Wickham Road, which was recommended for approval by the Planning and Zoning Board.

Commissioner Voltz stated this involves the CUP process and site plan information is needed; and the applicant did not have the site plan information as of yesterday. Zoning Official Rick Enos advised the applicant submitted the site plan this evening; and if the Board desires, staff can review it now; with Commissioner Voltz indicating that is acceptable.

Item 6. (9909402) Edward C. and Beverly J. Groseclose and Robert S. and Edna H. Pritchard's request to change from GU to BU-2 on 2.95 acres located on the west side of the Florida East Coast Railroad right-of-way, 150 feet north of the Pineda Causeway, which was approved by the Planning and Zoning Board with Specific Use for outside storage of R.V.'s, boats, trailers and automobiles, and all BU-1 uses.

Zoning Official Rick Enos advised a letter from the applicant has been received for Item 6 requesting it be tabled for one month as there was a personal conflict this evening. Chairman Scarborough inquired if anyone from the audience is interested in Item 6; and no response was heard.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item 6 to November 4, 1999. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TABLED ITEM OF AUGUST 2, 1999 PLANNING AND ZONING BOARD HEARING

Chairman Scarborough called for the public hearing to consider tabled item of August 2, 1999 Planning and Zoning Board hearing, as follows:

Item 1. (Z9908106) Rockwell Cooley's request for Conditional Use Permit for Land Alteration in an RR-1 zone on 25.43? acres abutting the west side of the Florida East Coast Railroad opposite of the west end of Broadway Boulevard, which was recommended by the Planning and Zoning Board for approval on the southerly tract only, as amended by the applicant. The item was withdrawn by the applicant.

Commissioner Higgs stated she asked the County Attorney about the Resolution the Board adopted regarding procedures; some citizens raised questions about a previous zoning meeting; and requested Ms. Bentley reiterate the process. Assistant County Attorney Eden Bentley advised of the process and time restrictions for the applicant and parties in objection or support to address the Board, and the Board to consider the items.

Chairman Scarborough requested Mr. Enos comment on the memorandum the Board received this afternoon. Zoning Official Rick Enos stated staff was reviewing this with respect to Section 62-1936 which is the specific conditions for land alterations; Subsection E states that land alteration activity must be located with direct access to collector or arterial roads except for projects within commercial and industrial zoning; and the property is zoned residential and not located on a collector or arterial road. He stated it is staff's belief that the application does not meet the conditions of Section 62-1936. Chairman Scarborough stated if it does not meet the criteria, the Board will be compelled to deny it. He requested Mr. Honeycutt address that element.

Rodney Honeycutt, representing the applicant, stated Broadway Boulevard on the west end has heavy industrial zoning; the property is on the opposite side of the railroad tracks, and would use Broadway Boulevard; and there is a lot of truck traffic already on the road. He stated there is a borrow pit or land alteration to the north of the site that currently uses Broadway Boulevard. Chairman Scarborough read aloud the conditions for land alterations; stated Mr. Enos has indicated the application meets neither of the criteria; and advised listening to the merits will be irrelevant because it does not fall within the criteria. Mr. Honeycutt stated he mentioned that when he submitted the application. Chairman Scarborough stated a motion to approve would be out of order since the request does not comply with the rules; Mr. Honeycutt has the right to be heard; and inquired what he would like to do. Mr. Honeycutt stated his only choice to allow this is to rezone the property to commercial or industrial; with Mr. Enos responding that is correct, and would take a new application. Mr. Enos stated it would have to be a Comprehensive Plan amendment and an application for industrial as well as a conditional use permit. Commissioner Higgs stated Mr. Honeycutt could request the Board reconsider its criteria for CUP's. Chairman Scarborough stated that would be a separate item. Mr. Honeycutt inquired if either action can be done tonight; with Chairman Scarborough responding it would not be appropriate. Mr. Honeycutt stated if it cannot be approved, there is no need to go through the presentation; but he would like to determine the shortest route to get it back before the Board. Chairman Scarborough recommended Mr. Honeycutt confer with staff and the County Attorney. Mr. Honeycutt inquired if there is an option to table this and come in with a request to grant a variance to the requirement or does it have to go back through the Planning and Zoning process again. Attorney Bentley advised a Comprehensive Plan change or change to the criteria would be time consuming. Mr. Honeycutt stated if this is disapproved, he cannot come back for six months; he would rather not do that; and inquired if his other option is to withdraw. Chairman Scarborough stated the prudent thing is to withdraw; but he is not present to give advice. Mr. Honeycutt stated he would want a waiver of time or he will withdraw. Mr. Enos advised if the item is withdrawn, a new application could be made tomorrow. Mr. Honeycutt withdrew Item 1.

Item 1. (Z9909101) Gateway Lodge 384 F. & A.M.'s request for Mixed Use District Boundary Expansion and change from RU-2-10 with a CUP for a Private Club to BU-1 with removal of the CUP on 1.72 acres located on the southwest corner of Ellis Lane and U.S. 1, which was recommended for approval of the MUD expansion by the LPA, and recommended for approval of BU-1 by the Planning and Zoning Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Mixed Use District expansion as recommended, and approve BU-1 as recommended. Motion carried and ordered unanimously.

Item 2. (Z9909102) Robert D. Hussey's request for change 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 Planning and Zoning Board.

Robert Hussey stated he is present to request a change from BU-1 to BU-2 on the back half of his property located at 3700 Gloria Avenue in Mims; and advised of a zoning violation. He stated the back half, which he is rezoning BU-2, will be fenced with PVC strips blocking the site from view; and he needs the rezoning to continue operating his business which has been operating for 13 years at this address.

Thomas Kreuzinger, representing the Mims-Scottsmoor Library Board, stated Mr. Hussey was out of compliance which is what brought this around; and advised of growth in Mims. He stated he does not object since Mr. Hussey said he will put up a fence; the Library is located diagonally across the street; and they are trying to clean up Mims.

Chairman Scarborough stated there was also a letter from George Nolan, Principal of Pinewood Elementary, expressing opposition.

Mr. Hussey stated he wants to be a good neighbor; the site would be fenced and blocked from site; and he is trying to keep trees on the back of the property.

Chairman Scarborough stated Mr. Nolan is not present this evening, and he may be addressing things other than aesthetics such as student safety. He stated if Mr. Hussey wants to work with the community, that is the best thing to do; that is impossible to do that tonight; and the only way to do that is to table it so Mr. Hussey can meet with the Library Board, Friends of the Library, and Mr. Nolan, and show them the plans, which would then be attached to what the Board approves. He noted there were other calls expressing concern.

Mr. Hussey inquired what would happen. Chairman Scarborough stated he will table the item to allow Mr. Hussey to meet with those people who are expressing concerns about the rezoning; and if they come to an agreement, it will be simple to include that as part of the rezoning request. Mr. Hussey stated two of the people who sent in letters live out of town; and he has spoken to the other landowners, and there does not seem to be a problem. Chairman Scarborough stated he does not know who is concerned or why. Mr. Hussey stated he is zoned for the car lot that is there; he can continue to put used cars there; but he is willing to talk to the Principal and Library Board.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table Item 2 to November 4, 1999. Motion carried and ordered unanimously.

Chairman Scarborough stated he may be able to facilitate the meeting, and staff will be present.

Item 3. (Z9909301) Nicerja Enterprises, Inc.'s request for change from TU-1 to BU-2 on 3.00 acres located on the west side of U.S. 1, approximately 2/3 mile south of Grant Road, which was recommended for approval by the Planning and Zoning Board as BU-2 except for the easterly 200 feet, which is to remain TU-1.

Javier Ordonez stated he owns two and one-half acres of land west of U.S. 1 in Grant and the Riverside Motel; at the P&Z meeting he advised of his plan to put mini-warehouses there; and the P&Z thought it was a good idea.

Commissioner Higgs stated there were a number of objections; a constituent requested she present pictures, which are included in the Board's packet, as well as some zoning violation information; and the recommendation from the P&Z Board was for BU-2 except the easterly 200 feet which is to remain TU-1. She inquired if the TU-1 has to be a certain size; with Zoning Official Rick Enos responding it has to be at least 15,000 square feet, and at least 150 feet in depth. Commissioner Higgs inquired if the P&Z recommendation complies with the size requirements; with Mr. Enos responding affirmatively. Commissioner Higgs inquired if outside storage of heavy equipment is permitted in BU-2; with Mr. Enos responding yes. Commissioner Higgs inquired would the applicant have to put up a fence because the property abuts GU; with Mr. Enos responding both properties are GU and designated residential, so the applicant would have to put up a fence on both sides so any outside storage would be buffered from view.

Motion by Commissioner Higgs, to approve Item 3 as BU-2 except for the easterly 300 feet, which is to remain TU-1.

Commissioner Higgs stated that would allow use of the property abutting the railroad track, but maintain the corridor; and that is consistent with the other lines that are drawn in the area. She noted there are other BU-2 properties that front US 1 in the area that have a depth equal to what she is recommending.

Chairman Scarborough inquired if the applicant accepts the change to 300 feet.

Commissioner Voltz inquired how much does that leave; with Mr. Ordonez responding all together, it is approximately 1,000 feet, so he would prefer to have 200 feet as TU-1. Commissioner Higgs stated her motion would leave 700 feet in back. Commissioner Voltz inquired what are the two roads; with Commissioner Higgs responding US 1 and the railroad track. Commissioner Higgs stated the criteria outlined in the Comprehensive Plan for BU-2 says it is a transition between a commercial property and industrial use; and Mr. Ordonez' property does not have that kind of use abutting, but does have the railroad track which has a particular clause in Policy 4.7 which allows BU-2 abutting a railroad track. Chairman Scarborough inquired if the applicant does not want this, can the Board do something other than what the applicant requested; with Commissioner Higgs responding the Board can deny it. Mr. Enos advised the Board can request a lesser amount as long as the applicant is allowed to express his opinion on the alternative.

Commissioner O'Brien seconded the motion. Motion carried and ordered unanimously.

Item 4. (Z9909302) Brevard County's request for change from EA to GML-P on 57.70 acres located at the west end of Long Point Road, which was recommended for approval by the Planning and Zoning Board.

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

Item 5. (9909401) Sawgrass Land Development Company's request for change from PUD to RU-1-13 on 9.13? acres located southwest of the southern terminus of St. Andrews Boulevard, which was recommended for approval by the Planning and Zoning Board.

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

Item 7. (9909403) Brevard County Board of County Commissioners on its own motion authorized administrative rezoning on property owned by Holy Trinity Episcopal Academy, Inc. 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 19.9 total acres located approximately 450 feet east of Wickham Road, approximately 650 feet south of Pineda Causeway, which was recommended by the Planning and Zoning Board for approval from IU to PIP on that portion located in Section 19, currently zoned IU, and designated on the Future Land Use Map as PIP (4.1 acres); and from BU-2 to IU on that portion of the property located in Section 30, currently zoned BU-2, and designated on the Future Land Use Map as Heavy/Light Industrial (15.8 acres).

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item 7 as recommended. Motion carried and ordered unanimously.

Item 8. (9909404) Glen K. and Laura Baxley's request for change from BU-1 to EU on 0.86 acre located on the east side of U.S. 1, approximately ? mile south of Barnes Boulevard, which was recommended for approval by the Planning and Zoning Board.

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

Item 10. (9909103) Lillie Mae Washington and Patty Hepburn's request for change from AU to RU-1-11 on 0.45? acre located on the northwest corner of Kennedy Street and Myrtle Avenue which was recommended for approval by the Planning and Zoning Board.

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

Item 11. (9909104) Kerwin O. and Patty W. Hepburn's request for change from AU to RU-1-11 on 0.45? acre located on the northeast corner of Kennedy Street and Mitchell Avenue, which was recommended for approval by the Planning and Zoning Board.

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

Item 12. (9909105) Buttrey Development, LLC's request for CUP for Land Alteration in an IU zone currently having a CUP for Land Alteration on part of 66.4? acres located approximately 600 feet west of the western terminus of Cidco Road, which was recommended for approval of the CUP for a five-year period, 300 truck trips per day, and 500 truck trips per day on no more than 30 consecutive days in a calendar year by the Planning and Zoning Board.

Zoning Official Rick Enos stated there were a few outstanding issues remaining; they have since received another letter from Mr. Cheney addressing the issues; and the submission is sufficient.

Commissioner Voltz stated there is a different map.

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

Item 13. (9910302) Carolyn S. Hildenbrand's request for change from GU to AU on 6.4 acres, more or less, located on the north side of Sandpoint Road, approximately 490 feet west of Main Street, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Item 13 as recommended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PORT ST. JOHN DEPENDENT SPECIAL DISTRICT BOARD RECOMMENDATIONS OF SEPTEMBER 15, 1999

Zoning Official Rick Enos advised the Port St. John item was tabled because the Port St. John Dependent Special District Board had a hurricane day, so it will have to be readvertised.

PUBLIC HEARING, RE: ADMINISTRATIVE REZONINGS OF SEPTEMBER 8, 1999

Item 1. Brevard County Board of County Commissioners on its own motion authorized administrative rezoning of property pursuant to Future Land Use Policy 10.3 of the Brevard County Comprehensive Plan adopted on September 8, 1988, on Section 25, Township 29, Range 38, Parcel 518, owned by Catherine S. Fletcher, which was recommended by the Planning and Zoning Board for approval from RU-2-4 to RR-1.

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

Leon Hester stated the item was submitted in July, 1999; the Board approved a set of conditional use items on August 3, 1999; he was called on the 29th advising he had to comply with the new conditions; and it does not seem fair. Commissioner Voltz stated at the last zoning meeting, there were quite a few applicants in the same position, and it was the County Attorney's opinion that things had to be done retroactively.

PUBLIC HEARING, RE: RESOLUTION REVISING FEE SCHEDULE FOR TABLING AND WAIVER OF REAPPLICATION FEES

Chairman Scarborough called for the public hearing to consider a resolution revising fee schedule for tabling and waiver of reapplication fees.

There being no comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution revising the fee schedule for tabling and waiver of reapplication fees. Motion carried and ordered unanimously.

Zoning Official Rick Enos stated there is one remaining issue; the new conditional use permit section says if someone is altering the original floor area by 50% or greater, or the seating capacity of a structure, a full reproducible site plan signed by a registered engineer, land surveyor or architect is required; Mr. Hester submitted a sketch plan; and the problem is that the existing structure is not going to be added to, but will be changed from single family to a church, so the question of the seating capacity comes up. Mr. Enos inquired if the floor area is being changed; with Mr. Hester responding the floor area is not being changed, but they will be taking out one seven-foot wall within the facility which will allow enough seating for approximately 75, although only 25 to 35 meet there. Mr. Enos stated Mr. Hester is not really altering the seating capacity because he is changing uses. Chairman Scarborough inquired as a substantive matter, does staff have a problem with it; with Mr. Enos responding as a substantive matter, there is no problem. Chairman Scarborough inquired if the County Attorney has any problem with being lenient. Assistant County Attorney Eden Bentley responded if it is within the parameters and is simply a more flexible interpretation, she does not have a problem with it.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE III, CHAPTER 62, TO ADOPT REMEDIAL COMPREHENSIVE PLAN AMENDMENTS RELATING TO WETLANDS

Chairman Scarborough called for the public hearing to consider an ordinance amending Article III, Chapter 62, to adopt remedial Comprehensive Plan Amendments relating to wetlands.

Charles Moehle, representing Modern, Inc., commented on last minute changes to the maps.

Commissioner Voltz stated the Board submitted the amendment to the Department of Community Affairs with 192 acres; now it is 419 acres; and the only reason she voted for it was because it was only 192 acres, and now it is more than double that. She inquired if there is anything the Board can do about it since it has already been submitted to DCA. Assistant County Attorney Eden Bentley responded there is a discrepancy between the policy and the map; and the policy is what controls. She stated the discrepancy could create confusions; this is attempting to correct what is basically a scrivener's error; and it is not a change from what the Board did. Commissioner Voltz expressed objection because it is more than double the acreage the Board originally talked about; stated her support was because it was only 192 acres; and she is concerned because no one is present and this meeting is not televised.

Commissioner O'Brien stated this could be moved to a Tuesday meeting which would be televised. Commissioner Voltz commented on getting the word out and the numbers. She inquired how this affects the new pieces of property which are doubled; with Ms. Bentley responding it does not affect them because the policy always included all of the area now included in the map.

There being no further objections or comments, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled "The 1988 Comprehensive Plan", setting forth remedial plan amendments as specified within a stipulated settlement agreement between Brevard County, The Department of Community Affairs, the Sierra Club Turtle Coast Group, the Florida Audubon Society, the Indian River Audubon Society, the Florida Native Plant Society, the Conradina Chapter of the Florida Native Plant Society, 1000 Friends of Florida, and Howard Wolf relating to Section 62-501, Part I, entitled The Conservation Element; Section 62-501, Part XIII, entitled The Future Land Use Element; Section 62-501, Part XVI, entitled the Comprehensive Plan Glossary; and provisions which require amendment to maintain internal consistency with the amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Carlson voted aye; and Commissioner Voltz voted nay.

DIRECTION, RE: PUBLIC HEARINGS ON ORDINANCES

Chairman Scarborough stated ordinances which are of general interest need to be discussed where people can view it.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct that public hearings for ordinances of a general nature be considered only at televised meetings. Motion carried and ordered unanimously.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Zoning Official Rick Enos inquired if the Board is considering changes to the Zoning Code to be general; with Chairman Scarborough responding affirmatively. Commissioner Voltz stated with the new programming, the meeting will be shown a number of times a week, at all hours of the day.

Upon motion and vote, the meeting was adjourned at 6:20 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
( S E A L )