The Board of County Commissioners of Brevard County, Florida, met in regular session on August 29, 1996, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, Assistant to the County Manager Peggy Busacca, and Assistant County Attorney Katherine Harasz.

Commissioner Scarborough led the assembly in the Pledge of Allegiance.

REPORT, RE: APPOINTMENT TO TITUSVILLE-COCOA AIRPORT AUTHORITY

Chairman Cook advised he received a call from Attorney Frank Griffith, representing TiCo Airport Authority, regarding his appointment of J. Schenck to the Titusville-Cocoa Airport Authority; and requested the County Attorney look into whether the appointment of Mr. Schenck to represent District 4 meets the residency requirements, as Mr. Schenck owns residences in Districts 1 and 4 and owns a business in District 4.

The Board directed the County Attorney to research whether the appointment of J. Schenck to TiCo Airport Authority meets residency requirements.

REPORT, RE: LOUIS MOREHEAD, III?S REZONING REQUEST

Chairman Cook inquired if Ms. Busacca met with Mr. Morehead; with Assistant to the County Manager Peggy Busacca responding she met with Mr. Goldman and Mr. Morehead; the request was denied by the Board; and they requested the Board waive the fees and time to request a lesser zoning for BU-1-A.

The Board discussed the request for waiver, reducing the request from BU-1 and extension of MUD to BU-1-A, cost to the County, and the potential lawsuit.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive time, but not fees for Mitchell S. Goldman and Louis C. Morehead, III, to reapply for rezoning.

Discussion continued on extending the time to appeal, the waiver not being an indication the rezoning will be approved and there should be no reliance on it, and granting the waiver of time but not fee is consistent with previous Board actions.

Chairman Cook called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ZONING RECOMMENDATION OF JULY 1, 1996

Chairman Cook called for the public hearing to consider the Planning and Zoning (P&Z) Board?s recommendation of July 1, 1996, as follows:

Item 34. Bill B. Hesher and Leonard D. Jones, d/b/a Chemko?s request for CUP for towers and antenna in AU and BU-1 zoning classifications on 7.25 acres located on the east side of U.S. 1, north of Flounder Creek Road, which was approved by the P&Z Board.

Zoning Official Rick Enos advised of a request from Paul Gougelman to table the item until the November Zoning meeting on December 5, 1996.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table Item 34 until December 5, 1996 Board of County Commissioners Meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ZONING RECOMMENDATIONS OF AUGUST 5, 1996

Chairman Cook called for the public hearing to consider the Planning and Zoning (P&Z) Board?s recommendations of August 5, 1996, as follows:

Item 1. Sandra Pierini?s request for change from GU to RRMH-1 on 1.26 acres located on the south side of Suntee Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 2. Sandra Pierini?s request for change from GU to ARR on 1.26 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 O?Brien, to approve Item 2 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 3. William E. and Annoise P. Davis? request for change from AU to RR-1 on 1.1 acres located on the east side of North Tropical Trail, north of Grant Road, which was approved by the P&Z Board.

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

Item 4. James W. and Dawn Janene Austin White?s request for change from EU to EU-2 on 1.47 acres located on both sides of South Tropical Trail, south of Hidden Hollow Drive, which was withdrawn by staff.

Item 5. David W. Yates and Jamie L. Philman?s request for change from GU and AU to all AU on 5.36 acres located on the south side of Rayburn Road, west of Britt Road, which was approved by the P&Z Board.

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

Item 6. Pantelis I. Markogiannakis? request for CUP for treatment and recovery facility in BU-2 zoning classification on .41 acre located on the west side of Magnolia Avenue, south of SR 520, which was denied by the P&Z Board.

Dan Barber, Broker with Re/Max Service Team representing the applicant and Community Environments that runs the program which would be located in the facility, advised the P&Z Board felt the location was not appropriate for the use, but it is very difficult to find a location for a facility to treat male juveniles, 12 to 18 years of age, whose next step is incarceration. He stated the facility will be manned 24 hours a day and limited to 18 persons; they looked for a location, but there is no permitted use for that type of facility in any municipality or the County; and RU-3, commercial and industrial areas are the only places in which a CUP can be applied for. He described the surrounding area, and the people who are most concerned; stated the building has been vacant for more than two years; there is no place for the juveniles to go right now; and if the Board cannot find it as a suitable location, then he would request guidance from the Board on where the facility would be appropriate. He suggested granting the permit for one year to test it; stated the company is experienced and has several locations throughout the State; it is a federally-funded program and part of the Juvenile Justice System; and they cannot find enough facilities for those children.

Vicki Pommier, Program Director with Community Environments, advised those juveniles are in need of treatment and support to successfully re-integrate into society; they come from difficult backgrounds and have trouble making appropriate decisions in life; and if they do not receive the services Community Environments is able to provide, many will end up in more trouble. She stated they are looking for the opportunity to provide a space to treat them and give them the opportunity to become productive members of society.

Dr. Bill Ruppert, advised his office is directly across the street from the facility, and his primary concern is the safety of his patients, who are primarily small children, his staff, doctors, and his wife and her clients who use the facility in the evening. He described the building and past experiences with its use as a teen club; and stated there are plenty of uses for it, but the proposed use is inappropriate. He stated it would have a negative effect on the neighborhood.

Wally Finney, Marilyn Finney, and Phillip Finney, owners of the apartment complexes to the south and east of the subject property, advised of experiences with youth; indicated support of treatment for juveniles; and stated their concerns about lack of appropriate physical activities due to insufficient space to provide a variety of outdoor activities, the potential for program success is poor, the taxpayers assuming the cost for Osceola, Volusia and Brevard?s juveniles, the negative impact on, the neighborhood, and the drainfield being inadequate to accommodate 18 persons plus staff. They described the apartment complexes and the type of residents; stated their concerns about break outs; and requested the CUP be denied. Mr. Finney presented letters of opposition from residents.

Cathy Hanskutt and Jerilyn Bird, representing the Junior League Central: North Brevard, opposed the location for a treatment center, stating it would threaten their membership of 250 women from ages 21 to 99.

Dr. Steve Caudill stated his practice is geared to small children; 13 ladies provide care for his patients; the facility is 150 feet directly across from his office; and expressed concern with the type of patients who will be housed in the treatment center, safety of his staff and patients, problems with parking, and the problems with a similar center in Fort Pierce.

Chairman Cook advised the applicant talked to him and Mr. Enos about a treatment facility, but not specifically about the zoning issue.

Dan Barber advised they do not want to be where they are not wanted; and stated the children will not need parking, are not hardened criminals, will attend public schools, and if the request is denied, they will have no place to go. He requested direction on where the facility could be located.

Commissioner O?Brien advised there are senior citizens in the area who will be scared; there is a legitimate community safety concern and concern for the quality of life in the area; there were problems in the past with the teen club; and Devereaux Foundation have breakouts all the time. He stated the septic system cannot support 18 young males and staff members; the Board endorsed the Indian River Lagoon NEP to clean up the river; MIRA is trying to upgrade the area; and this facility will not upgrade, but would bring it down. He stated it will threaten the safety of the Junior League and will have a negative impact on businesses; and the CUP is not available in RU-2-15, which means the Code contemplates it is not suitable in RU-2-15.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to deny Item 6 as recommended by the P&Z Board.

Commissioner Higgs advised Chapter 62-1901, Subsection C, talks about the parcel being proposed for the conditional use; and she feels the site will not be successful for this use because there is limited space for the young people to get out and exercise and do things that are part of most residential treatment facility, and is surrounded by a major highway.

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

Item 7. Eugene R. Lomando and Anthony Lopes? request for CUP for alcoholic beverages on-premise consumption in BU-1 zoning classification on 1.91 acres located on the west side of U.S. 1, south of Garretts Road, which was approved by the P&Z Board.

Attorney Phil Nohrr, representing the Fraternal Order of Orioles, advised of its activities, past denial of the request, petitions in support, and unanimous approval from the P&Z Board. He stated they have addressed the 26 comments; plan to screen and buffer to the north; the nearest residence is 400 feet away; it is a club for members and not open to the general public; and the capacity is 20 so there will not be many members there at one time. He stated there are usually six people there on a daily basis.

Commissioner Higgs inquired if there will be conditions attached to limit it to 24 spaces. Commissioner Ellis stated the club is not the problem, but the concern is the club closing and someone opening a bar. Assistant County Attorney Katherine Harasz advised the Board could attach conditions to the CUP and limit it to use only by private clubs. Commissioner Higgs expressed concerns about parking, ingress/egress to the site, hours of operation, and the septic system.

Discussion ensued on objections and support from adjacent property owners, ingress/egress, adequate driveway, expiration of the permit if the club moves out, adequate parking, no deceleration lanes on a divided highway with 55 mph speeds, and bringing the facility up to Code.

Commissioner Higgs inquired about hours of operation; with Mr. Nohrr responding they will close at midnight. Commissioner O?Brien stated he would like to limit the use to the Orioles; with Ms. Harasz responding it may be discriminatory to limit it to a certain club, but it can be limited to private clubs.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to approve Item 7, with the stipulation it must be a private club, member parking must be in front of the structure, and closing will be midnight on weekdays and 2:00 a.m. on weekends. Motion carried and ordered unanimously.

Item 8. Michael and Dorothy N. Quatraro?s request for change from AU to RR-1 on 1 acre located on the south side of Mt. Pleasant Avenue, west of Main Street, which was approved by the P&Z Board.

Chairman Cook advised of a letter from Father Bryant requesting it be read at the meeting. Commissioner Ellis recommended it be entered into the record.

Zoning Official Rick Enos suggested the request be denied if the applicant indicates he does not fulfill the RR-1 zoning classification. Commissioner Ellis stated the issue is not zoning, but condition of the property.

Mike Quatraro advised the property was cut off from the main plot in 1975, 30 days too late to be a legal lot; it was zoned AU, is one acre, but the AU changed to 2.5 acres which makes it illegal; and all he is trying to do is make it right. Commissioner Higgs inquired if Mr. Quatraro?s intent is to comply with all the criteria; with Mr. Quatraro responding yes. He stated they met with the Variance Board; and if the Board grants the RR-1, the property will be in compliance. He stated there is a structure on the property; and they are asking for a variance on the square footage in the Code. Commissioner Higgs inquired if Mr. Quatraro is willing to bind himself; with Mr. Quatraro responding if the Variance Board denies his request, he will. Mr. Enos advised the lot was recorded in 1975 shortly after the Code changed from one to 2.5 acres; and he does not know when the house was built because they could not find a record of the building permit.

William Doyle advised no one knew the property was zoned improperly for a single-family residence; he did not meet the requirement to be grandfathered in by 30 days; so he is requesting rezoning to bring it up to Code and need a variance on the square footage of the structure. He stated they are trying to get the rezoning now and will deal with what happens.

Charles Perry advised the lot was cut off from the five acres he owned; it was a storage building; the property was used as a scrap yard; and after he purchased it, he fixed the house up and rented it out. He stated he buried a 55-gallon drum and used it as a septic tank, then got electricity from Florida Power & Light Company for a well and used it for the building with no certificate of occupancy. He stated it was a storage shed and not a dwelling; and if it is approved, he would urge the Board to make them comply with RR-1, but would request the Board not approve it.

Mr. Quatraro stated they are here for zoning and not the structure; when he bought it there was a person living there; and the power was supplied by Mr. Perry who rented it for $80 a month. He stated all he is asking for is rezoning which has nothing to do with the structure; and the property has been cleaned up and all complaints met.

Commissioner Ellis inquired how the Board could deny RR-1 if AU is nonconforming; and stated there has to be some way to address the structure.

Chairman Cook inquired if the size of the structure is a zoning issue. Commissioner Higgs stated RR-1 requires a 1,200 square foot dwelling and AU requires 750 square feet. Assistant County Attorney Katherine Harasz advised it is a separate issue, and all the Board is considering today is rezoning, character of the land use, and the lot size. Mr. Enos advised RR-1 will legalize the existing lot; the dwelling will not improve the status of the lot; and it will continue to be illegal and cannot be issued a permit, regardless if there is a variance on the house size, if the lot size is not addressed.

Mr. Perry stated it may be eligible for vested rights determination if the house had been used continuously.

Discussion ensued on vested rights, RR-1 being more restrictive, and application for variance.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to overrule the P&Z Board and deny Item 8.

Commissioner Ellis stated RR-1 is not out of character with AU, but he does not understand how a barn that became a house could go to the Board of Adjustment. Mr. Enos advised they are requesting a variance to the house size to upgrade the structure and qualify under the Building Code.

Discussion continued on the square footage of the structure, dealing with land use issues, surrounding properties, applicant voluntarily accepting conditions on the approval through a binding development plan, and compliance with the Codes.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table Item 8 until October 3, 1996 Board of County Commissioners meeting. Motion carried and ordered; Commissioners Higgs and Cook voted nay.

The meeting recessed at 7:28 p.m. and reconvened at 7:40 p.m.

Item 9. The Viera Company?s request for change from RU-2-10(7) to BU-1 on 2.00? acres located south of Barnes Boulevard and west of U.S. 1, which was approved by the P&Z Board.

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

Item 10. High Point Development, Inc.?s request for CUP for additional building height in RU-2-15 zoning classification on 1.93 acres located on the east side of SR A1A, between Franklyn Avenue and Grosse Pointe, which was withdrawn by the applicant.

The Board accepted withdrawal of Item 10.

Item 11. F. Carlyle Platt Family Partnership?s request for CUP for towers and antenna in GU zoning classification on 5.00 acres located south of U.S. 192 and west of I-95, which was approved by the P&Z Board.

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

Item 12. Charles W. Middleton?s request for change from AU to RP on .84 acre located on the southwest corner of Minton Road and Hield Road, which was approved by the P&Z Board.

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

PUBLIC HEARING, RE: ADMINISTRATIVE REZONING OF AUGUST 5, 1996

Chairman Cook called for the public hearing to consider the Planning and Zoning (P&Z) Board?s recommendations on administrative rezoning as follows:

Zoning Official Rick Enos advised the Board directed staff to only bring vacant parcels for administrative rezoning; these are the vacant parcels that were part of the rezoning of July, 1995; no owners objected; but there was concern expressed on Item 7 which was addressed.

Item 1. Section 3, Township 29, Range 38, Parcels 251, 258, 260, 267, 268, 271, 273, 274, 275, 276, 277, 278, and Subdivision #GX, Block 8, Lot 3, lying east of Highway A1A, from RU-2-8, RU-2-6, RU-1-13, and RU-1-11, to SR, owned by Richard King Mellon Foundation, and approved by the P&Z Board.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant tentative approval of Item 1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 2. Section 3, Township 29, Range 38, Parcels 266 and 270, from RU-1-11 to SR, owned by Kevin Bernard Chapin and Fred Leslie and Julie Ann Braid, and approved by the P&Z Board.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant tentative approval of Item 2 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 3. Section 3, Township 29, Range 38, Parcel 253, from RU-1-9 to SR, owned by Compass Rose Corp., and approved by the P&Z Board.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant tentative approval of Item 3 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 4. Section 3, Township 29, Range 38, Parcels 252, 257 and 260.1, from RU-2-6 and RU-2-4 to GML, owned by the State of Florida IITF, and approved by the P&Z Board.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant tentative approval of Item 4 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 5. Section 3, Township 29, Range 38, Parcels 501.1, 503, Subdivision #GX, Block 8, Lots 1 and 2, and Block 7, Lots 30 and 31, from RU-2-6 and RU-2-4 to GML, owned by the United States of America, and approved by the P&Z Board.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant tentative approval of Item 5 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 6. Section 3, Township 29, Range 38, Subdivision #GX, Block 7, Lot 29, from RU-2-6 to SR, owned by George and Margaret Nahass, and approved by the P&Z Board.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant tentative approval of Item 6 as recommended by the P&Z Board.

Item 7. Section 28, Township 28, Range 38, Parcel 760, from BU-1 to BU-1-A, owned by Diversified Lands Association, Inc., and approved by the P&Z Board on the east out parcel as described by metes and bounds.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant tentative approval of Item 7 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Mr. Enos advised the administrative rezoning items will be heard again on October 3, 1996.

Upon motion and vote, the meeting adjourned at 7:45 p.m.

MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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