The Board of County Commissioners of Brevard County, Florida, met in regular session on May 22, 1997, at 5:34 p.m. in the Government Center Commission Chambers, 2725 Judge Fran Jamieson Way, Building C, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, Assistant County Manager Peggy Busacca, and Assistant County Attorney Eden Bentley.

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

PUBLIC HEARING, RE: FIRST SMALL SCALE PLAN AMENDMENT OF 1997, 97S.1 REQUESTED BY ANTHONY AND TRUDIE INFANTINI

Chairman O'Brien called for the public hearing to consider the First Small Scale Plan Amendment of 1997, 97S.1 requested by Anthony and Trudie Infantini.

Anthony Infantini provided pictures to the Board for its review; stated they own a commercial site in the South Beaches which is approximately two miles north of the Sebastian Inlet; in 1990, they began planning and saving for a business; and they are applying for a BU-1 with specific use, that is keeping their restrictive BU-1-A and asking for only one additional use which is beer and wine consumption on premises. He noted they are not asking for additional space and will use only what is presently available to them; the building which is a little over 2,200 square feet is a 36-seat restaurant with a gift shop; the building received a CO as a restaurant with a grease trap, and the Department of Natural Resources (DNR) and the State of Florida Department of Business and Professional Regulation at the same time approved their site as a restaurant operation; and there is no school, child care center, or playground within 12 miles of the site. Mr. Infantini stated presently there are three BU-1 sites within one-half mile; they would like to further restrict the use of a permit issue, restrict the percent of alcohol content, restrict any alcohol sales before 11:00 a.m. or after 9:00 p.m., cannot advertise as a bar or pub, and it has to be a restaurant. He noted the present zoning of BU-1-A is very restrictive and does not offer any flexibility when zoning changes are made; he has had significant support in the South Beaches for his application; he has received Countywide support from many of the mom and pop businesses that can relate to his situation; and requested the Board support his rezoning request. He inquired if the petitions will be read into the record concerning his item; with Chairman O'Brien responding they are on the record with the Clerk's Office.

Jeff Hill stated he is a friend of the Indian River and Barrier Island; there are not many placed on earth that can rival the true beauty and ecological diversity of the Sebastian Inlet in the South Brevard area; over the course of the last 20 years he has lived here, he has witnessed the Indian River undergo major changes due to the encroachment of population, pollution, commercial fishing, and various other things; and the Indian River was recently added to a list of Estuaries of National Significance. He noted the lot in question for zoning change is in the heart of a considerable amount

PUBLIC HEARING, RE: FIRST SMALL SCALE PLAN AMENDMENT OF 1997, 97S.1 REQUESTED BY ANTHONY AND TRUDIE INFANTINI (CONTINUED)

of land dedicated to conservation, including Sebastian Inlet State Park, Long Point Park, and Archie Carr National Wildlife Refuge; and a zoning change like this could open the door for the kind of development this area does not need and cannot ecologically support.

Max Taylor stated his property is directly adjacent to the property in question; he is opposed to the rezoning request as the concept is unwise, unwanted, unneeded and unwarranted; and requested the Board deny the rezoning request.

Eileen Taylor stated she is disappointed that she is here tonight; she thought their battle had been won years ago; for the past two decades, State and local planners have worked with landowners on the South Beaches to preserve a little piece of natural Florida; tonight, the citizens are fighting the same battle all over again; and requested the item be denied.

Mark Shantzs stated it is very difficult for him to understand why the residents are here at this meeting; this is really a question about money; this request violates the 1985, 1988 and 1993 Comprehensive Plans, and Criteria 4.3 and 4.4 of the policy sections which determine land use; and it violates the County's ability to objectively turn down other people in the future. He noted it further reduces the land value; 81 property owners are against the proposed request; the area is rural residential; and requested the rezoning be denied.

Commissioner Higgs inquired if the aerial is included in the record; with Planner Mel Scott responding such aerial is not currently in the record.

Ron Johns stated the Division of Recreation and Parks believes the zoning should not be changed to insure the land stays within the original development proposal, especially in the event of a change of ownership; and it recommends the land remain within the guidelines of the Comprehensive Land Use Plan, especially with Brevard County's EEL Program being the managing entity of adjacent State lands purchased under the CARL Program. He advised the D.E.P. Division of State Lands would like to raise concerns regarding the proposed rezoning of the subject property from neighborhood commercial BU-1-A to general retail commercial BU-1; and requested the Board give serious consideration to the long-range impacts of the proposed request before making its decision.

Virginia Foley stated she has a petition with more than 81 signatures opposing the rezoning request; and submitted it to the Board. She noted commercial BU-1 zoning is not needed in this area; and advised there is enough of it further north.

John Kingsley stated the previous speakers have said what he was going to say; and he is opposed to Mr. Infantini's rezoning request.

Mr. Infantini stated this is not an environmental issue; his building is there; he is keeping BU-1-A and asking for one additional use; this is not a bar; and he will restrict the hours for sale of alcohol. He noted he has over 200 signatures from Melbourne Beach community residents supporting his request.

Commissioner Higgs stated she lives in the neighborhood; it is over one mile away; she does not believe she has any financial vested interest; she does not see any conflict of interest; but she wants to be sure it is on the record. She noted she met with Mr. Infantini more than a year ago to talk about his options in regard to the property; her office received a number of telephone calls about the item; and requested Mel Scott explain the history of the land use and zoning changes on this particular property and in the area.

Mr. Scott stated Criteria 4.1 in the Comprehensive Plan, Future Land Use Element, Criteria A points the Board to look at a number of things when it is thinking about giving a new Mixed Use District; it should look at the existing commercial development trends and commercial zoning trends; administrative rezonings have begun in the South Beaches to make zoning designations consistent with the Comprehensive Plan per Chapter 163, Florida Statutes, and Future Land Use Element Policy 10.3; the Board made it very clear to staff that the County needed to react to the residential density reductions by also right sizing what it would expect to be the commercial acreage that would be needed to now sustain the new build-out population; and the Board adopted and directed staff to utilize a policy for administratively rezoning BU-1-A and BU-1 parcels. He noted the parcel in question was zoned BU-1-A in 1979; the MUD was removed as part of the 92-B amendment cycle; but that removal did not affect the BU-1-A. Mr. Scott stated in his opinion, this application begins to be challenged in the community cluster criteria in Policy 4.4.A; it states that community commercial land uses should be located at minor/major arterial intersections and have the effect of limiting the intrusion of these uses into surrounding residential areas; one would need to decide if introducing a new community commercial use into an existing residential neighborhood would further the intent of this policy; and staff has provided the Board with a number of findings of fact which also go on to elaborate some of those points.

Commissioner Higgs inquired how far apart are neighborhood commercial clusters supposed to be; with Mr. Scott responding three miles. Commissioner Higgs stated in looking at the evidence presented before the Board and what is written in the Comprehensive Plan, this request to create a Mixed Use District is inconsistent with the Comprehensive Plan; it is incompatible with the neighborhood and character of that neighborhood; and it is her intent to make a motion to deny the request for a MUD.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny the First Small Scale Plan Amendment of 1997, 97S.1 as requested by Anthony and Trudie Infantini. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MARCH 3, 1997, ITEMS 14, 18 AND 23

Chairman O'Brien called for the public hearing to consider the Planning and Zoning Board recommendations of March 3, 1997, as follows:

Item 18. Anthony and Trudie Infantini's request for Small Scale Plan Amendment from Residential to Mixed Use and change from BU-1-A to BU-1 with specific use for sale of personal watercraft, all permitted uses in the BU-1-A zoning classification, and a Conditional Use Permit for alcoholic beverages for on-premises consumption on 1.1 acres located on the west side of A1A, north of Sebastian Inlet, which the LPA denied the Small Scale Plan Amendment; the P&Z Board denied the rezoning request; and the applicant withdrew request for specific use for sale of personal watercraft.

Commissioner Higgs inquired if Mr. Infantini has any additional comments or information to provide at this point regarding Item 18; with Mr. Infantini responding he does not have anything further to add and it is a dead issue at this point.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny rezoning as recommended by the P&Z Board for Item 18. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: SECOND SMALL SCALE PLAN AMENDMENT OF 1997, 97S.2 REQUESTED BY BEYER DEVELOPMENT CORPORATION, OWNER, AND LEONARD SPIELVOGEL, APPLICANT

Chairman O'Brien called for the public hearing to consider the Second Small Scale Plan Amendment of 1997, 97S.2 requested by Beyer Development Corporation, Owner, and Leonard Spielvogel, Applicant.

Attorney Leonard Spielvogel stated of the various requests that were made at one time, the only one left remaining is this sliver; this is the only piece they are requesting be changed; the dimension is about one-third of an acre; and this piece is owned by his clients. He noted all they are asking for today and all that is before the Board is bringing this sliver of land in conformity with the property that is jointly owned to the east so that it all becomes BU-1; it backs up to a retention area which is part of the Cypress Woods project; and what happened was the calculations were changed and the area was reduced.

Commissioner Scarborough stated the Board has said the piece to the north is all right to have as commercial expansion; and the only question he received is the safety issue.

Attorney Spielvogel stated this sliver is not going to make any impact at all one way or the other; they are talking about simple housekeeping; otherwise, there is a gap between the BU-1 and the residential subdivision; and the concern expressed by the Homeowners Association is that Cypress Woods may or should have an access to Kings Highway. He noted it may be that the Board has to address the access to Kings Highway when that comes before it. Commissioner Scarborough responded the County needs to meet with Attorney Spielvogel's clients on it.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Ordinance amending Article III, Chapter 62, of the Brevard County Code, entitled "The 1988 Comprehensive Plan", setting forth the Second Small Scale Plan Amendment of 1997, 97S.2, 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 requirement 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. (See page for Ordinance No. 97-12.)

Item 14. Takahashi Family General Partnership, Norman M. Kronick, Trustee and Beyer Development Corp.'s request for expansion of the Mixed Use District and change from RRMH-1, BU-1 and RU-1-13 to BU-1 on 2.357 acres; and a Small Scale Plan Amendment from residential to mixed use and change from RRMH-1, BU-1 and RU-1-13 to BU-1 on 3 acres located on the west side of Grissom Parkway, north of its intersection with Ranch Road, which the LPA approved Small Scale Plan Amendment (on sliver) and approved Mixed Use District expansion; the P&Z Board approved south parcel and north parcel; and the Board of County Commissioners tabled west tract to its May 22, 1997 meeting and approved BU-1 on portion of request for Mixed Use expansion (north parcel).

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve BU-1 on portion of request for Small Scale Plan Amendment (west tract). Motion carried and ordered unanimously.

Item 23. Gary J. Coppola's request for change from PUD with CUP for water treatment plant to RU-2-4 on 198.7? acres located at the west end of Senne Road, which was approved by the P&Z Board as EU-2 on 152? acres and RU-1-13 on 42? acres pursuant to survey by Jackson Land Surveying, Inc. Project 9597-B, Drawing #97009, dated February 28, 1997 with Binding Development Plan of 388 units, maximum 1.98 units per acre, 40-foot buffers (north and west property lines), and fencing to the south as voluntarily offered by the applicant.

Attorney Richard Torpy, representing the applicant, stated a lot of things have changed since this project was initially brought to the Board; the project presents a total density of 2.57 units per acre; it creates a buffer zone to the north; they have used a buffer zone to the north that is the same width) that would be required if someone was going to put commercial against residential; so they have used a very large buffer zone. He advised to the south where Snug Harbor and Barefoot Bay are, they are agreeing to put up a six-foot fence which will be maintained; the project will also have some beneficial effect to the drainage; the planned density creates a buffer zoning; and the project is compatible.

Leigh Stuart, Stuart Engineering Associates, representing the applicant, explained the specifics of the revised plan; stated they are placed in a difficult situation with this project, stuck between an RR-1 zoning of one acre and a much denser zoning to the south; and what they have tried to do is create a buffer with their project. She stated they have voluntarily preserved a 40-foot buffer along the north and west sides; the tan areas on the map are federal jurisdictional wetlands; and they have made every effort to avoid and minimize impacts to them. She noted the wetlands have been adequately addressed and will not be impacted; they talked with the State and Corps of Engineers concerning the project; and they are both in concurrence that this is feasible.

Commissioner Higgs requested Ms. Stuart address access to the property; with Ms. Stuart responding access will be from Senne Road.

Chairman O'Brien inquired are all the ponds or lakes going to be interconnected; with Ms. Stuart responding affirmatively. Ms. Stuart stated groundwater will create the lakes and they will use what is between groundwater and natural grade for stormwater retention; the sewage will be pumped; they will take back effluent from the sewage treatment plant and irrigate the entire property with it; and she has tried to maintain some areas where they can continuously irrigate if they need to.

Commissioner Higgs inquired who will be responsible for maintaining the fence. Attorney Torpy responded it is a requirement of the deed restrictions that each individual lot owner has a primary maintenance responsibility, but because of the way it is being drafted in the deed restrictions, the homeowners association has the ability, if the fence falls into disrepair, to fix the whole thing; so they are giving that right to the homeowners association to make sure that one person does not let a piece of fence fall down and there is nothing they can do about it to keep it maintained. He noted ultimately, the individual responsible will be the person who owns the fence in that area; but the homeowners association has the ability to control and maintain the fence if that is not done; and requested the Board approve the zoning request.

Discussion ensued on a binding development plan, homeowners association, deed restrictions, and the fence.

Marie Bergamini and Mary Dobek expressed their support for the proposed zoning request.

Commissioner Higgs stated she has had a couple of meetings with Anita Cragg, David Cragg, Leigh Stuart, Rick Torpy, Scott Knox, Dick Martens, and Rick Enos; and outlined the issues discussed during such meetings. She submitted the meeting summaries for the record.

Commissioner Higgs inquired will the easements that Snug Harbor is concerned about be a part of the official plat; with Assistant County Attorney Eden Bentley responding such easements will be shown on the plat. Commissioner Higgs noted so legally, the citizens will be protected by that; with Attorney Bentley responding they would retain their easement rights. Commissioner Higgs inquired about the best way to handle the fence and its maintenance. Attorney Bentley responded if the applicant wished to submit a binding development plan stating it would build the fence, the fence would remain in place in perpetuity, and maintenance would be required by either the lot owner or homeowners association, then the Board could deal with the issue of how to enforce it; and if the applicant submitted this, the County could say it is authorized to enter onto the property and maintain the fence in the event the lot owner or homeowners association does not conduct such maintenance; and if the County has to conduct such repairs, the lot would be liened the cost of the repairs.

Attorney Torpy stated that is fine with the applicant; it is not a problem; the responsibility is going to be the homeowners association and lot owners; and they will make sure that is documented effectively.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Item 23 with Binding Development Plan, including presentation and maps documented with acreages and legal descriptions, RU-1-9 zoning for parcel containing 137.42 acres, and EU-2 zoning for parcel containing 57.01 acres, on surveys by Jackson Land Surveying, Inc. Motion carried and ordered unanimously.

The meeting recessed at 7:26 p.m.

The meeting reconvened at 7:43 p.m.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5, 1997, ADMINISTRATIVE REZONING

Item 1. Floridron (South Shores) Ltd., Inc.'s current zoning of RU-2-4 and proposed zoning of RR-1, which was approved by the P&Z Board as SEU.

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

Item 2. Arthur Abramides and Carl L. Piccola, et al's current zoning of RU-1-13 and proposed zoning of RR-1, which was approved by the P&Z Board as RR-1.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 2 as RR-1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 3. Thomas A. Eason, Jr., Tr. and P. A. Kux-Eason's current zoning of RU-1-13 and proposed zoning of RR-1, which was approved by the P&Z Board as RR-1.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 3 as RR-1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 4. Brevard County Board of County Commissioners' current zoning of RU-2-4 and proposed zoning of GML, which was approved by the P&Z Board as GML.

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

Item 5. Richard J. Wagonseller and Malcolm E. McLouth, Trustees' current zoning of TU-1(10) and proposed zoning of RR-1, which was approved by the P&Z Board as RR-1.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 5 as RR-1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 6. Norman E. and Margaret E. Smith, Howard and Kathryn Goldstein, Thomas J. DeLuca and Eleanor M. Curtis, and Floridron (South Shores) Ltd., Inc.'s current zoning of TU-1(22) and proposed zoning of RR-1, which was approved by the P&Z Board as SEU.

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

Item 7. Jack R. and Winifred B. McCoy's current zoning of BU-1 and proposed zoning of RR-1, which was approved by the P&Z Board as RR-1.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 7 as RR-1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 8. Diego O. and Abbie W. Saez et al's current zoning of BU-1-A and RU-2-6, and proposed zoning of RR-1, which was approved by the P&Z Board as RR-1.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 8 as RR-1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 9. Zoning Report. Nothing to report.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5, 1997

Chairman O'Brien called for the public hearing to consider the Planning and Zoning (P&Z) Board recommendations of May 5, 1997, as follows:

Item 1. Omitted from agenda.

Item 2. 4G's of Brevard County, Inc. and Donald B. and Cathy Stewart's request for change from GU to ARR on 2 acres located on the south side of Bear Trail, 0.27 mile west of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 3. Bob R. and Jill Whidden's request for change from GU to AR on 1 acre located on the north side of Harley Avenue, 0.30 mile east of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 4. Leo Joseph Blumle and Charles Andrew Blumle's request for change from RU-1-13 to RU-2-10 on 1.11 acres located east of U.S. 1, north of Williams Point Boulevard, which was approved by the P&Z Board.

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

Item 5. Robert and Elizabeth Rhoades' request for change from GU to ARR on 1.26 acres located on the north side of Dyson Avenue, west of Satellite Boulevard, which was approved by the P&Z Board.

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

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

Item 6. Ronald E. Dimenna's request for change from SR to SR with a Binding Development Plan 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 Binding Development Plan as voluntarily submitted by the applicant.

Gene Eary, representing the applicant, stated on May 5, 1997, the Planning and Zoning Board recommended approval of the rezoning request; and the applicant is proposing 26 uniform lots of approximately 3/4ths of an acre.

Darleen Hunt stated her family and neighbors have some grave concerns; this area has had major flooding problems which the County is currently addressing; with a subdivision that will have to be elevated four or five feet higher than the ground is right now, the flooding conditions will worsen; and recommended the Board deny the high density for this area or at least require that the drainage concerns be satisfied before a binding development plan is approved.

Jerry Hunt reiterated concerns regarding flooding problems in the area; stated the ditch they are talking about covering up comes all the way to his front door; and inquired what happens to all the water then. He stated without the pump stations, the area floods; he has lost over 300 trees; and this request should not even be considered until there is some way for the water to run off this property, instead of depending on a pump to pump the whole area.

Simone Spiess stated he is very concerned about the development, including drainage and septic tanks; and provided copies of his letter to the Board. He stated he hopes the Board will find a way for the applicant to address the neighbors' concerns before it approves the binding development plan; such plan is very broad and non-committal; it only addresses acre size and density; and there are other significant problems that need to be addressed.

Mary Watkins expressed concern with the lack of details in the binding development plan regarding flooding and endangered species, including the scrub jay; she is also concerned with the engineering requirements for the flooding problems; and the property is not capable of handling that kind of development.

Nina Webb stated she and her husband are opposed to the request; they are concerned with the flooding issue; requested the Board deny the plan at this time; and stated they would like to see a more comprehensive engineering plan to understand where all this water is going to go.

Pam Aguilar, Vice President of North Merritt Island Homeowners Association, stated the Association is concerned about the rezoning request; it is opposed to changing the density and would like to see it kept in compliance with the North Merritt Island Small Area Plan and the current Comprehensive

Plan; and requested the Board maintain the lower density of only one unit per acre and protect the area residents from added flooding and devaluation of their properties. She noted approval of this request would set a dangerous precedent for future land development in the area.

Discussion ensued regarding the ditch, drainage, detention pond, pumping, discharge, perpetual maintenance, piping, berm, and access around the property.

Commissioner Scarborough stated the County has staff who deal with water conveyances; and suggested the item be tabled for staff to review the issues.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table Item 6 to the June 26, 1997 Board of County Commissioners' meeting. Motion carried and ordered unanimously.

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

Item 7. KLF Partnership and Corporate Investment Properties, Inc.'s request for change from IU to IU-1 with a CUP for metal salvage yard and junk yard on 6 acres, and a CUP for metal salvage yard and junk yard on 21 acres located at the western terminus of Paint Street, which was approved by the P&Z Board.

Commissioner Cook stated he is willing to grant the request for the junk yard on the IU; however, he would like to cut off the IU-1 possibly at the north side of Paint Street and bring it straight across and leave the one section at IU to keep it as a buffer area between the heavy industrial and light industrial.

David Kabboord stated there are two existing buildings between the boulevard and this property, as well as another street or driveway on the north side of those buildings; and there is more than adequate buffering.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve IU-1 with CUP from north right-of-way line of Paint Street extended westerly, and deny remainder south of the line, leaving it as IU for Item 7. Motion carried and ordered unanimously.

Item 8. 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 VIII, Policy 10.2, Brevard County Comprehensive Plan as adopted on September 8, 1988, on 1.41 acres located on the east side of Pineda Court, south of Suntree Boulevard, from IU to BU-2, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Item 8 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 9. Michael F. and Shirley K. Cobb's request for change from AU to RR-1 on 7 acres located on the south side of Fell Road, west of Minton Road, which was approved by the P&Z Board.

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

Item 10. Church of God at West Melbourne's request for CUP for school in AU zone on 3 acres located on the north side of Milwaukee Avenue, west of Minton Road, which was approved by the P&Z Board.

Commissioner Voltz inquired do they plan on building a building for this school and if so, how many square feet and where.

Sandra Linnear, representing the applicant, stated they already have a building that is 80 x 100 which is presently under the AU zone church use which allows a day care and pre-school; the building was built with the capacity to handle 88 students with 11 teachers; it is in the building plan that was issued a CO in October, 1996; and in order to expand the day care up to the upper grades, they have to have the CUP on the three-acre parcel. She noted right now they have approximately 30 day care students and have plans to use the existing Sunday school classrooms for school classrooms; so the CUP is for the three acres that already has an 80 x 100 two-story building in place.

Commissioner Voltz inquired are they going to add onto that; with Ms. Linnear responding probably not onto that parcel as the Church has seven acres adjoining which they will be addressing at a future zoning meeting where they will be putting it in line with the existing AU. Ms. Linnear stated the purpose for their action is to begin the steps to making all of their property zoning uniform; the plans include a school up to the 12th grade; but they cannot go beyond the capacity of their existing building because of the environmental health, DEP and the Code.

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

Item 11. Zoning Official's Report. Mr. Enos stated staff has several ordinances it is preparing that change the zoning regulations; they have been addressed by the Local Planning Agency and will be provided to the Board of County Commissioners in June, 1997; and staff will provide a proposed schedule.

Item 12. Leo and Reba Sigman, Clayton R. and Glorida Dewey, Donald F. and Joan B. Thompson, Derrick F. Doehring, L. R. Westerburg, Helen Kaczuwka, Rachel G. Sandidge, Kenneth and Mary Fields, Marcus Borengasser, Thomas H. and Sheryl Ann Harris, John W. and Frances L. Harrison, James F. and Gradie Mae Gladden, Cecily M. Spinner Henry, W. Raymond Goodson, Donald L. and Lou Harvey Hayes, Mieko S. Fralick, Joseph T. English, Lucien G. Wegner, David K. Grenier, W. O. and Katherine L. Crews, Maude C. Bartolet, Henry and Lucille Symonette, George J. Eck, Frances Louise Smith, Thomas C. (Jr.) and Donna Phillips, James R. and Carol J. Beamer, Robert J. Bennett, Gertrude E. Witmer, Joseph R. and Madelene Lord, K. K. Kennedy, Ruth V. Gerber, David M. and Kemberly G. Van Buren, Larry E. and Nancy M. Greene, Andrew and Tebayane Dearth's request for change from RU-1-7, RU-1-9, BU-1, and RP to BU-2 with specific use for all BU-1 permitted uses and a lumber yard on 17 acres located on the west side of Minton Road, south of U.S. 192, which was tabled by the P&Z Board to its June 2, 1997 meeting.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to table Item 12 to the June 2, 1997 P&Z Board meeting as recommended. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE EXECUTIVE SESSION, RE: BREVARD COUNTY V. G&S CONTRACTORS, INC. AND ARCHITECTS IN ASSOCIATION, ROOD & ZWICK, INC.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to schedule an executive session on May 27, 1997, at the end of the regular Board meeting, to discuss negotiations and strategy related to litigation expenditures pertaining to Brevard County v. G&S Contractors, Inc. and Architects in Association, Rood & Zwick, Inc. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 8:52 p.m.

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

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