The Board of County Commissioners of Brevard County, Florida, met in regular session on March 4, 1999, at 5:30 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 Truman Scarborough.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

Commissioner O'Brien advised the Cities of Titusville and Cocoa Beach, and probably others have tie tacks, keys, pins, etc. for guests who come to their cities; Brevard County has nothing to offer; and it would be nice to welcome people with a token gift.

Chairman Scarborough stated it is a good idea and very inexpensive.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct staff to check into purchasing pins, keys, and a variety of trinkets that can be given to guests of Brevard County. Motion carried and ordered unanimously.

Commissioner O'Brien advised the Astronaut High School Wrestling Team won the State Championship; and inquired if Chairman Scarborough wants to invite them to the meeting for a Resolution. Chairman Scarborough commented Commissioner O'Brien is the sports reporter, and could contact the Coach and invite the team to the meeting.

Commissioner Higgs advised four items on the Administrative Rezoning Agenda applied for Comprehensive Plan amendments; and it has been the practice to table those items. Zoning Official Rick Enos recommended the items be withdrawn and re-advertised.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to withdraw Items 1, Charles and Shirley Echols; 3, Gary Coppola; 4, Gary Coppola; and 5, Gary Coppola from the Administrative Rezoning Agenda; and authorize staff to re-advertise the public hearing when appropriate. Motion carried and ordered unanimously.

Commissioner Voltz advised when an applicant requests to table an item, it would be easier if the general public knows it will be tabled and does not have to come to the meeting. She stated the Board needs a policy on tabling to make it easier for the general public.

Commissioner O'Brien advised he will have an outing at Kiwanis Island Park in honor of St. Patrick to show his appreciation to the volunteers who serve on boards and committees; and invited the Commissioners to attend the festivities on Saturday from 1:00 p.m. to 4:00 p.m.

Commissioner Carlson advised she participated in a NASA tour with John Houseman who is the Governmental Affairs person and met with Roy Bridges and Mr. Bridges is interested in coming to do a personal appearance.

Chairman Scarborough asked Commissioner Carlson to make the arrangements under her report to have it at the beginning of the meeting.

Commissioner Higgs requested he keep it to ten minutes. Commissioner Carlson stated he has a presentation he would like to make to the Board to see where NASA is playing in the legislative process this year.

Commissioner Carlson advised of a municipal forum held by Patrick Air Force Base; and stated they are attempting to create a privatization initiative to refurbish the South Housing area, and are looking for feedback from governmental agencies. She stated they want to deed over property in the area that is not required for their needs and let the developer do what he wants with the property; so the issue will come to the Board as zoning and land use issues; and the Board will have to make determinations, but right now it is only in the beginning stages. Commissioner Voltz inquired if it will go back on the tax rolls; with Commissioner Carlson responding she assumes it will, but it is just at the beginning.

Commissioner O'Brien advised District 4 borders the South tip of Patrick Air Force Base, and District 2 the North tip; he had a conversation with Lynda Weatherman on what is happening on the other side of the Base; Mayor Joe Morgan is talking about annexing part of the Base into the City of Cocoa Beach; and he is concerned about the economic impact and the future of Patrick Air Force Base on the Districts, not just with housing, but with the 54th Group being transferred out. He noted they will have someone come to do a study and State enterprise funds of two million dollars will be used to offset the cost of the study; so he would recommend Commissioner Carlson talk to Lynda Weatherman about the broader picture.

Commissioner Carlson advised the Air Force said it needs 552 units for its personnel; and they are looking for a developer who will get the proposal for the property. Commissioner O'Brien stated it is down from 900, and if they do not fill the 552 units, they will rent the rest to civilians and that is not what they are telling the County. He stated those houses will not stay empty even though they are military housing; and they could become low-income housing.

Chairman Scarborough stated he got a briefing at the EDC about it and there are a lot of parts to that puzzle. Commissioner Carlson stated her first impression was who would go out there and do it and expect a return on equity; they said the numbers work and figured out they would have a return; but she had a hard time visioning that and will look into it and talk to Ms. Weatherman. Chairman Scarborough asked Commissioner Carlson to keep the Board informed on what is going on.

Commissioner Voltz advised she provided a packet for each Commissioner of information she received at the National Association of Counties Conference, but pulled out only the issues that were interesting so the rest of the Commission could look into it.

Commissioner Voltz advised she intends to table Item 11, as the developer for G & D Developers asked her to table it.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table Item 11 until April 8, 1999.

Commissioner Higgs advised it gets to the question of how does the Board do it when it has a request from the developer to pull or table an item and interested persons from the general public are at the meeting. She stated at the last meeting the applicant requested tabling and the Board subsequently tabled it, but it allowed people to speak.

Chairman Scarborough stated the Board does not want to deny the public who will not be able to return at a subsequent meeting the opportunity to speak tonight.

Commissioner Voltz stated if they knew it would be tabled, they would not have bothered to come to the meeting; so if Mr. Enos knew the Board would table it, he could tell the people; so it is a decision the Board needs to make. Chairman Scarborough stated the Board needs to clarify a policy, so if Mr. Enos knows what the Board will do, the Board can authorize him to notify everyone with an interest in an item that has been requested for tabling that it will be tabled. Commissioner Voltz stated she will hold off on the motion to table if there are people who wish to speak to the item; and withdrew the motion.

Chairman Scarborough advised the Board will table Item 11 but will hear from the public who cannot return on April 8, 1999.

Chris Tamatapolis advised he wants to know what they are going to put on the property; they do not know what the developer is going to do; and he prefers to have condominiums, but does not want a convenience store, as the parcel is too small.

Commissioner Voltz advised the reason she wants to table the item is because she has not had an opportunity to look at the property, and would like to meet with the residents in the area and the developer. She stated she would like to call a meeting at a location that would accommodate a lot of people to talk about what it is rather than turn it down and not hear the concerns.

Alice Brutcher advised the lot is an entrance to the old Atlantic Subdivision; it is still a restricted subdivision, and they understand the proposal is to put a retail filling station in which would add to the traffic and congestion in the neighborhood. She stated many properties have been fixed up; and commercial development would make access to the subdivision more difficult.

Commissioner Voltz stated 49 people opposed the request; she has a list of names who objected; and her office will call as many people as they can, and would appreciate the neighbors telling other neighbors of a meeting.

Wendell Koontz advised he sent a letter to the Board; purchased his property eight years ago because it was a residential area; there are very few residential areas left on A1A; there have been nice improvements in the area; and it would be a disservice to change the area to business because there are other areas nearby that can serve that purpose and are vacant.

Mary Gaiden stated her son bought in the area because it was deed restricted for single-family residences; and advised of past efforts to stop the rezoning to RU-2-10 which failed. She stated there were two homes built across the street in the last two months; there is no reason why homes cannot go on the lot; and she hopes the Board will read their petition and letter.

Tom Nielson advised his property line connects to the lot; he opposes the item being tabled; it is a family area; and his property value will go down dramatically if a convenience store or commercial operation goes in there. He stated it was denied at the Zoning Board hearing; there are 49 people here to deal with the issue; the applicant wants to stall and slow down the residents; and it is unfair to table it. Commissioner Voltz advised the developer is out of town and could not make the meeting and that is why he requested tabling ahead of time.

Joyce Straight, secretary/treasurer of the Homeowners Association, stated she will notify all the residents of that will help. She stated there is no reason to table it as there is no support for it; it is incompatible with the residential area and is less than half an acre; there are scrub jays in the area; and traffic will be impossible for them with the three motels, the Barringers, and their development all within a few hundred fee of the intersection. She advised of visual problems with signs, numerous empty retail outlets in the area, no hardship for the owner to build a single - family home as there were other homes developed in the area of other homes, dumpsters backing up to their pools and yards, and false facts presented by the developer. She stated the developer said the property on the west is a duplex, and it is not; the north corridor is a concrete wall, and it is not; the new residents in the area did not send a representative and did not ask for a store; and he said the traffic was not heavy at the intersection, but it is. She stated four units would have an impact but nothing compared to a 24-hour operation; and he said it was over a mile to convenience stores, shops and gas stations, and it is less than three blocks.

Commissioner Higgs advised she looked at the items in the agenda package and at the Comprehensive Plan and data presented to the P&Z Board which unanimously recommended denial; and inquired if the Board has any obligation to table it. She stated the Board has done many tablings in the past, but given the nature of this item, she is ready to vote tonight. Assistant County Attorney Eden Bentley advised the Board needs to hear the full presentation by the applicant. Commissioner Higgs stated he is not here by choice; with Commissioner Voltz responding he wrote a letter in enough time which is a dilemma she has. Ms. Bentley advised if the Board enunciated a policy and directed Mr. Enos to tell people if they write a letter they do not have to attend, then the Board has a problem and needs to table it. Commissioner Higgs stated the Board has faced this before; it is unfair to the people who come to the meeting; and she is trying to be fair to everyone.

Chairman Scarborough advised the Board needs to clarify its policy in a separate motion, but until then, it is wiser to table the item. Commissioner Higgs stated the evidence was presented at the P&Z hearing. Ms. Bentley stated if the applicant received direction from staff that he did not need to be at the meeting because he sent a letter requesting a table, then the Board needs to table it. Commissioner Higgs stated he did not receive that direction. Zoning Official Rick Enos advised the Board discussed that, but he never received direction to do it and did not tell the applicant that the item would be tabled.

Commissioner O'Brien stated the applicant made a good-faith effort in writing; it is incumbent upon the Board to honor the request as it is not here to be punitive; because the P&Z Board denied it does not mean the Board is a rubber stamp for that board; there may be fiduciary evidence to deny it, but either way, the applicant has a basic right to present his case; and the Board should not be prejudice of the case before it hears it.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to table Item 11, G&D Developers, L.C.?s request for change from RU-2-10 to BU-1-A on 0.48 acre located on the northwest corner of Pine Tree Drive and Highway A1A, which was recommended for denial by the P&Z Board until April 8, 1999. Motion carried and ordered unanimously.

Chairman Scarborough advised the Board needs to establish a policy on tabling zoning items; if an applicant calls Rick Enos on Thursday before the Board of County Commissioners meeting, that would give him Friday to contact people; but by the beginning of the week it may be too late to contact 50, 60 or 100 people, and people will come to the meeting which is a disservice to them to table an item at the meeting. He stated he does not want tabling to be a disruptive process. He suggested authorizing Mr. Enos to table items under certain conditions; some people, after denial by the P&Z Board, want to wear the group down by tabling the item; and it is the Board?s job not to let it be unfair to the people because someone is playing games. He stated if a person is playing by the rules, he has no problem with tabling the first time only.

Commissioner Carlson inquired if the Board is required to have a special procedure to call people and tell them an item is tabled; with Ms. Bentley responding official tabling cannot occur until the public hearing; the Board can adopt a policy that if it has a first request for a table it will be an automatic table; and that is the only information Mr. Enos can give to applicants, because he cannot table items.

Chairman Scarborough suggested Mr. Enos say the Board adopted a policy that it will grant tables on the first request if he is noticed one week in advance.

Commissioner Higgs advised of Mr. Coppola?s request for tabling and his application for Comprehensive Plan amendment; and indicated the system was being used so the item would not be heard. She stated it is unfair and should be part of the policy discussion.

Motion by Commissioner Voltz, to authorize Zoning Official to tell an applicant who decides to table an item seven days before the Board of County Commissioners meeting, it will be tabled, and to notify interested persons.

Chairman Scarborough stated with the first request it will be automatic tabling if notice is given timely, but if they want a second tabling, the Board will need to discuss it because it becomes more complex. Commissioner Higgs stated it should be on a case-by-case basis.

Commissioner Carlson seconded the motion. Chairman Scarborough called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner O'Brien expressed concern about those people who cannot do it a week in advance.

Chairman Scarborough stated if an applicant finds he has a conflict on Monday or Tuesday, it will get into a problem area of notifying everybody concerned; and the Board would have to discuss the merits of the request to table and determine if there is a legitimate excuse for the person not being at the meeting. He stated the burden should be on the applicant who had set the schedule when he applied for rezoning to respond and establish a reason for tabling; and if he does not, then the Board should hear the item and vote on it. Ms. Bentley advised the Board has the right to look at the facts and determine whether or not there is a good reason for the table.

Commissioner Voltz stated the Board should bring up tabling items at the beginning of every meeting. Chairman Scarborough agreed.

Commissioner O'Brien expressed concern about the little property owner who finds out on Monday he cannot be at the meeting; with Chairman Scarborough responding he needs to have a good reason to request a table. Chairman Scarborough stated Leonard Spielvogel who must have other commitments, has never been late or not present to represent his clients; so he wonders if others are not playing games. Commissioner O'Brien stated the property owner has a right to be heard more than anyone in the process because he pays the fees and he owns the property.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, to set a policy as to all cases, whether second time or someone coming in on Tuesday or Wednesday before the Board of County Commissioners meeting, that the Board reserves the right to table any item at any time for any reason it deems appropriate; however, there is a burden on the applicant to show reasons for tabling.

Commissioner Voltz seconded the motion with an amendment that all tabling issues be brought up at the beginning of the meeting; and Commissioner Scarborough accepted the amendment.

Commissioner Scarborough stated his thought is that the Board will table for good reasons, but for lack of reasons, it will not necessarily table items unless it benefits the Board or the community or something of that nature. Commissioner Carlson inquired if the Board wants to be more specific about reasons; with Commissioner Scarborough responding no because there may be something that is reasonable which it did not contemplate.

Vice Chairman Higgs expressed concern that taking all requests to table items at the beginning of the meeting may consume more time that other items on the agenda. Commissioner Voltz stated the Board can decide at the beginning of the meeting whether it is worth tabling; and if it is not, the item stays in its place. Vice Chairman Higgs stated tonight there were six people who wanted to speak to the tabling; other items on the agenda may only have two people who want to speak; and it may not be fair to do it that way.

Commissioner Scarborough stated many times the owners do not appear and is represented by other people; the issue is if there is a reason for tabling; and it is not unreasonable to have an applicant give the Board legitimate reasons because he started the whole process when he applied and brought people out to the P&Z meeting and the Board of County Commissioners meeting.

Vice Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Chairman Scarborough called for the public hearing to consider items that were tabled by the P&Z Board at its October 5, 1998, January 4, 1999, and February 1, 1999 meetings as follows:

Item 2. Administrative Rezoning of Section 3, Township 29, Range 38, Parcel 500.1, owned by D. R., Jr. and Marie Laflin, from TU-1(20) to TU-1(9), which was recommended for approval by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Item 2 as recommended by the P&Z Board. Motion carried and ordered unanimously. (See page for Zoning Resolution.)

(NOTE: Items 1, 3, 4 and 5 were withdrawn early in the meeting.)_

Item 6. (Z9901404) Shellie Friedman?s request for change from BU-1-A to RU-2-10 on 3.682 acres located on the southeast corner of South Patrick Drive and Sea Park Boulevard, which was recommended for approval by the P&Z Board.

Joe DiPrima, representing the applicant, advised the item was tabled by the Board because someone was concerned about traffic and number of units; a site plan was given to the County of the number of units proposed along with information from the Road Department on the level of service which is in compliance; and the request is to down zone from commercial to multifamily.

Commissioner Carlson stated she has no problems with the information Mr. DiPrima gave her. Mr. Enos advised the second page of the handout shows under eight units per acre, so the proposed zoning is RU-2-8 which is a reduction from RU-2-10.

Commissioner O'Brien stated north and south of the property is single-family residential and only across the street is multifamily; the impact of traffic on the road the County paid $16 million to finish is not appropriate; and the property should be zoned for single-family to be compatible with the surrounding properties. Commissioner Carlson stated it is a down zoning so she does not have a problem with it; and people want non-commercial development there.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item 6 as RU-2-8. Motion carried and ordered unanimously. (See page for Zoning Resolution.)

Commissioner Higgs stated the Board received in the package for administrative rezonings that were tabled due the Comprehensive Plan, a report from Solin and Associates; when it comes back as Comprehensive Plan amendments, she assumes staff will provide comments and responses to the report and Comprehensive Plan; but if it is necessary, she wants to be sure that would be directed from the Board, so the Board needs to respond to those issues. She inquired if they can assume that; with Chairman Scarborough responding yes.

Chairman Scarborough called for the public hearing to consider the recommendations of the Planning and Zoning (P&Z) Board, made at its public hearing on February 1, 1999, as follows:

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Item 1. (Z9902101) Nathaniel and Bernice C. Pilate?s request for change from AU to RRMH-5 on 6 acres located on the north side of Cuyler Street, east of Palmetto Avenue, which was recommended for approval 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. (Z9902102) Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning of 1.25 acres owned by IBI, Inc. and located on the west side of U.S. 1, south of SR 50, from IU to BU-2, which was recommended for approval 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. (Z9902103) Ray Maurer?s request for change from GU to ARR on 2 acres located on the north side of Outback Road, west of Satellite Boulevard, which was recommended for tabling by the P&Z Board to April 8, 1999 Board of County Commissioners meeting, with reprocessing fee required.

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

Jerry Martin, Vice President and General Manager with TWC, described the system that evolved over 30 years, their facilities and services, and requested approval of the CUP to replace a tower.

Commissioner Carlson advised of meeting with Mr. Martin and another representative of TWC; and Commissioner Higgs advised of meeting with Mr. Martin. Chairman Scarborough advised of meeting with Mr. Martin; stated it is a technical necessity for higher level of service; and they have demonstrated technical necessity. He passed the gavel to Vice Chairman Higgs.

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

Howard Garrison, III requested approval of the rezoning for a retail landscaping nursery, and because he has a trailer he cannot have it on BU-1.

Richard Loewenstein advised the Comprehensive Plan calls for property north of Hall Road to remain BU-1; and the nursery does not bother him, but changing it to BU-2 does. He stated he does not know why they cannot have BU-1 and a CUP for the nursery. Mr. Enos advised there are limitations in the CUP for plant nurseries, and the applicant could not meet the conditions, so he requested BU-2 with a specific use. Mr. Loewenstein stated it opens Pandora?s box and he is concerned about what will become of the area. He stated he does not want it developed in a haphazard manner; he was told there would be a six-foot wall required between BU-2 and residential zoning; and he assumes the wall will be installed before the business can be established. Mr. Enos advised west, north, and south of the property is already commercial. Mr. Loewenstein stated it could be a business they do not want in their community; and recommended BU-1 with specific use with no change to BU-2.

William Haminski stated if a trailer can be allowed in BU-1, the neighbors would be happy; but if it is not possible, there should be strong controls for the nursery only. He stated there are three parcels owned by different people; something is happening in there; and they do not want industrial development. He inquired how come the existing BU-2 does not have walls; and stated it may boost the value of the property and give an incentive to change from a nursery.

Mr. Garrison stated he has no problem with BU-2 and an SUP; his trailer is 7?x14?, but the County said he could not keep it; and the reason for the change is to keep the trailer there.

Commissioner O'Brien inquired if the wall could be a vegetative buffer; with Mr. Enos responding Site Plan Regulations require the wall between commercial and residential. He stated the Comprehensive Plan policy states if he wants to put BU-2 on the road frontage, there should be a vegetative buffer along the front.

Mr. Garrison stated one man owns the three lots; he is purchasing the BU-1 lot; and the AU lot has no access because there is a ditch that will have to be filled, or they would have to cut through his property.

Discussion ensued on lot width requirements, use of the property for nursery and storage trailers, and equipment storage on the back of the property.

Chairman Scarborough recommended the Board recess and Commissioner O'Brien, the applicant, and neighbors work out a solution.

The meeting recessed at 6:57 p.m., and reconvened at 7:20 p.m.

Commissioner O'Brien advised not everyone is satisfied. Mr. Enos advised the P&Z Board recommendation is to approve BU-2 with special use for a nursery, all BU-1 uses, and the trailers and heavy equipment. Commissioner O'Brien stated that is any trailer 20 feet or shorter.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Item 5 as BU-2 with specific use for nursery and all BU-1 uses, any trailers 20 feet or shorter, and heavy equipment. Motion carried and ordered unanimously.

Chairman Scarborough inquired if the uses could be put on the maps; with Mr. Enos responding yes. Commissioner Higgs inquired if the AU parcel has a CUP; with someone from the audience responding it has animals and a barn on it. Commissioner Higgs advised she would like to know what the CUP is for.

Item 6. International Master Builders, Inc.?s request for Small Scale Plan Amendment (99S.1) to change land use designation from residential to mixed use district on the Future Land Use Map and change classification from RU-2-15(11) to BU-1 on 7.29 acres located on the northeast corner of Lake Drive and Burnett Road, which was tabled by the P&Z Board until the April 8, 1999 Board of County Commissioners meeting at the request of the applicant with no reprocessing fee required. 

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to table Item 6 as recommended by the P&Z Board. Motion carried and ordered unanimously.  

Item 7. RAJ enterprises, Inc.?s request for change from BU-1-A to BU-1 on 0.483 acre located on the southeast corner of skyline Boulevard and North Courtenay Parkway, which was recommended for approval by the P&Z Board.

Attorney Leonard Spielvogel, representing the applicant, advised the property has a convenience store with gas pumps, and is zoned BU-1-A; it was a Majik Market operated since 1989, and received vested rights for gasoline sales in 1996; it is on North Courtenay Parkway next to a strip mall with 60 use on review; and his client would like to add a storage shed in the rear of the property. He distributed a sketch of the shed; and advised getting in and out with trucks is a problem, and the storage shed will allow fewer deliveries. He stated the size would be 22?x23? and would still be 45 feet from the property line. Mr. Spielvogel presented a petition signed by 56 property owners in the immediate area of the store to the Chairman; and stated the property is on an arterial road and local street; Skyline Drive is a local street with an elementary school; there is a lot of traffic on it; and the request is for BU-1 so his client does not have to come back and request changes for improvements to the property.

Miro Stasek, owner of Sunny Discount, advised his business is south of the property in a strip mall and he is in favor of the rezoning. He stated it will not hurt his business; and the Patels are decent hard working people.

Yevette Bamber advised she is located less than two blocks from the business and is in favor of the request.

Ray Hoffman advised by creating what they want, the Board will give everything to the property owner; there are two entities of rights that have not been discussed: (1) property owner behind the property and (2) children going to school. He stated if the rezoning is granted, they can put anything on the property; and the convenience store reduces their property values, but it was there already. He suggested allowing Mr. Patel to build the shed but leaving the zoning the way it is to have control of what will go in there and protect the rights of children and homeowners in the area.

Mr. Spielvogel advised it is a nonconforming use with vested rights; a CUP will allow his client to do what he needs to do; but granting the least that can be granted catches his attention of the higher use on review. He noted the argument of children may not be a valid argument; and BU-1 will add value to the property, but the immediate need is the shed. He stated he does not have a great argument for BU-1, but he has not heard good arguments against it.

Commissioner O'Brien advised Skyline goes east to west; at the end of Skyline, which is only four blocks long, is Lewis Carroll Elementary School with more than 700 students; and the streets are backed up with moms. He stated six-laning of Courtenay Parkway from the high school to SR 528 will be discussed with the MPO in the near future; the traffic flowing from Divine Mercy is all the way back to Sykes Cove; there are two schools in close proximity; and BU-1 on a lot that small is inappropriate. He stated a permit was issued in 1996 for gas sales and gave it vested rights; that does not give the right to go to BU-1; so he would agree to a CUP for the cooler; and that is as far as he wants to go.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve a conditional use permit for a storage shed for Item 7.

Chairman Scarborough inquired if the motion is in the purview of the Board based on the request; with Mr. Enos responding the CUP is for the convenience store, and the Board can further limit it, but he would defer to Ms. Bentley as to whether it can be limited to that extent. Chairman Scarborough inquired if he can accept the motion or if it is in order based on the request; with Ms. Bentley responding the Board can limit a CUP to avoid detrimental impact to adjacent properties; so if it is within the definition of that CUP, it can do that. Mr. Enos stated it is within the definition. Commissioner O'Brien inquired if the Board can limit the size to what is shown on the sketch; with Ms. Bentley responding yes. Chairman Scarborough stated the request is to change to BU-1; and inquired if he can accept motions dealing with the CUP; with Ms. Bentley responding if it is within the defined uses of the BU-1 and is not an added use or more intense use than what was advertised, the motion can be accepted.

Mr. Spielvogel advised the CUP should include the convenience store and gas pumps to allow them to put in the storage shed; right now they are operating under nonconforming use; and anytime they want to do something to renovate or change the property, they have to come to the Board. He stated they are not talking about a change of use; and requested the CUP allow for the convenience store and retail sale of gasoline as opposed to just the storage shed.

Commissioner O'Brien stated the only request before the Board is a storage shed; gasoline service is already vested; and they have BU-1-A which allows the store, but beyond the shed, anything further may be denied solely because of the location and size of the property. He stated the impact will be on adjoining properties, and he does not appreciate that. Mr. Spielvogel stated it is not a new use, but a continued use; if the convenience store and gas pumps are included in the CUP, it would move from nonconforming use; and that is permitted within their request for BU-1. Ms. Bentley advised Mr. Spielvogel is trying to avoid the technical difficulties of having a nonconforming use by getting the CUP for the store and gas pumps. Commissioner Higgs inquired if that is asking for more than the request; with Mr. Enos responding BU-1 permits the convenience store and many other uses, so it is backing off to a CUP for the store. Commissioner Higgs stated it is less intense than BU-1, but it gives a status that it does not have which may be different than what people who were notified thought. Ms. Bentley stated BU-1 would have eliminated the nonconforming status anyway. Commissioner O'Brien stated a CUP for the storage shed is what they applied for.

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

Commissioner Higgs advised she spoke to the applicants who explained their request to take one of the lots and bring it into conformances with the Comprehensive Plan; they discussed a binding development plan which would deal with the AU property; and Mr. Kramer sent a letter that committed to the uses; so she approves the recommendation taking into consideration the letter from Mr. Kramer with deliveries on Fleming Grant and horticultural use only.

Wally Kramer advised they want a nursery for small plants and to build a guesthouse; Mr. Enos suggested rural residential estate use; and they would be happy with that also. He stated they want to grow small plants and will exit on Fleming Grant Road.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Item 8 as recommended by the P&Z Board, with egress/ingress from Fleming Grant Road and horticultural use only.

Mr. Enos inquired if the intent is to limit the use with a binding development plan; with Commissioner Higgs responding she thought the letter was a BDP. Mr. Kramer stated he agrees to that.

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

Item 9. (Z9902302) Michael Quatraro?s request for CUP for alcoholic beverages on-premises consumption in BU-2 zoning classification on 0.64 acre located on the north side of 1st Street, east of U.S. 1, which was recommended for approval by the P&Z Board.

Michael Quatraro advised they have a restaurant and a license to sell beer and wine, but they cannot consume it on the premises.

Hugh Kelly advised he is opposed to the application for parking reasons; the lot is very small; there is a marine repair facility, 12 marine slips and dock, a restaurant, and a tackle shop; and all those require 39 parking spaces on .49 acre. He stated there is no place for a dumpster; if the restaurant is successful, it will require more spaces and will be on 1st Street and impact the public parking lot beside it; and he filled in a retention pond after he bought the property. He stated he polled the neighbors and they are unanimously opposed to the request.

Commissioner Higgs advised she visited the property and it appears to have a marina; there are three Code Enforcement violations pending for the marina without a permit, dock without a permit, and filling of the retention pond; she has concerns about the traffic at the intersection of 1st Street and U.S. 1; and a letter was sent to Florida Department of Transportation because of safety concerns. She stated the fire station is one block to the west of the property; the fire chief was asked to look at and comment, but she has not received a report; and she is concerned about increasing traffic at that location. Commissioner Higgs advised Ms. Walls letter expressed concern about traffic accidents there and noted her husband died from injuries at that intersection; the Board needs a traffic report from FDOT; Mr. Thompson from the County?s Traffic Department could give the Board some insight; it abuts a County park and boat ramp; abutting that is a Zippy Mart with gas pumps; so the Board should table the item for more information on traffic and Code violation status. She noted the CUP guidelines deal with traffic and compatibility.

Mr. Quatraro stated he understands the concerns, but it is a good spot for a small deli to serve beer and sandwiches; and he is trying to make the property better than it was. Commissioner Voltz inquired if he was the owner during the Code violations; with Mr. Quatraro responding no.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table Item 9 until May 6, 1999 for more information on traffic and Code violations. Motion carried and ordered unanimously.

Commissioner O'Brien advised from the report on Code Enforcement violations, an air conditioner was changed out without a permit; it is not Mr. Quatraro?s violation; to get a permit costs $45.00; and if a licensed person is hired they should change it out without a permit from the County. He requested a report of why they need a permit to change out an air conditioner.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct staff to provide a report of why people need permits for changing out air conditioners. Motion carried and ordered unanimously.

Item 10. (Z9902401) Time Warner Entertainment-Advance/Newhouse?s request for CUP for towers and antennas in AU zoning classification on 20.026 acres located on the west side of Lake Poinsett Drive, south of SR 520, which was recommended for approval by the P& Board.

Commissioner Carlson advised she heard the technical necessities from TWC; and it is a replacement of an existing tower.

Jerry Martin advised they are replacing a 625-foot tower with a 400-foot tower; it is critical to their network to serve the community; and it is designated as a news gathering point. He stated there are 18 co-locations on it; they use it for their field people and emergency process; and it is critical to their operation and provides valuable service to County residents.

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

Commissioner O'Brien inquired how much trouble would the County have if the tower was taken out in a storm; with Mr. Martin responding the service would be out until they could get it back up. Commissioner O'Brien stated he is concerned about loading it up with 26 users; the Board wants co-locations; but he hopes there is a Plan B. Mr. Martin stated they have other ways to communicate like cell phones, but it can be overloaded; and they have backup plans for their people and hope the other companies have the same.

Leroy Pate, professional engineer who deals strictly with towers, explained the rates, loads, wind speed, shape factors, and different antennas.

Item 12. (Z9902502) Sumant and Snehlata Pandya?s request for CUP for additional building height in RU-2-15 zoning classification on 1.576 acres located on the east side of A1A, north of Eau Gallie Boulevard, which was recommended for approval by the P&Z Board.

Commissioner Higgs stated she wants to put on the record that she talked to Ed Fleis. Commissioner Voltz stated she also met with Mr. Fleis.

Ed Fleis, representing the applicants, advised the request is for a conditional use permit to allow 25 additional feet for the oceanfront condominium development to accommodate eight stories over a parking area. He stated the site is under 1.6 acres; RU-2-15 allows 24 units per acre; the building will be eight floors with three units per floor; and the standards and criteria of 62-1901 and 62-1902 have been addressed. He described developments on all sides of the property; and stated the request will allow additional height and increase the breezeway which will be 55% of the width of the building. He stated they have provided a public access easement on the site plan; there has been much use for beach access and a lot of disturbance on the site by cars; and the 30-foot public access should solve that problem. He explained aerial photos of the vicinity.

Commissioner Voltz stated she does not have a problem with eight stories and would prefer it to less breezeway.

Commissioner Higgs she understands leaving a breezeway, but it is not necessary on that site to have that height; it seems to have graduated decline; and taking the line to the ocean will leave the building where it is in height. She noted the area does not have that kind of height.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Item 12 as recommended by the P&Z Board. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

Item 13. (Z9902503) Boyce Padgett, Trustee?s request for CUP for towers and antennas in BU-1-A zoning classification on 0.99 acre located on the east side of John Rodes Boulevard, north of U.S 192, which was recommended for approval by the P&Z Board.

Penny Schwahl with Nextel Communications, representing the applicant, advised it is a 189-foot single user tower they want to replace with a 170-foot tower for three additional carriers. She stated their system works off the 911 system, and all their towers have to be in that 911 area; and explained propagation maps of the area.

Commissioner O'Brien stated Brevard County has wall to wall towers, visible especially at night; and the Board needs to do something about it.

Discussion ensued on towers in Brevard County.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Item 13 as recommended by the P&Z Board. Motion carried and ordered unanimously. (See pages

for Zoning Resolutions.)

Chairman Scarborough requested a motion to direct staff to look at Orange County?s tower ordinance.

Ms. Schwahl advised it is not written in the ordinance; the object is to co-locate; they are working with Florida Power corporation so it is being done more but prohibited by height restrictions. Commissioner O'Brien inquired why should the Board care if it is precluded or not. Ms. Schwahl stated everybody has to work off a different frequency.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct staff to provide a report on what is Brevard County not doing that it should be doing to reduce towers.

Commissioner Carlson suggested looking beyond the state and looking elsewhere.

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

Chairman Scarborough advised Item 1, Mary Anne Stephens as Trustee of the William Hualpha Stephens Revocable Trust?s request for change from RU-1-9 to GML on .275 acre located on the west side of Depot Avenue and north of Fay Boulevard, was tabled to May 6, 1999, earlier in the meeting.

Chairman Scarborough called for the public hearing to consider administrative rezonings as follows:

Items 1.a. through d. Section 9, Township 23, Range 36, Parcels 1 and 2; Section 10, Township 23, Range 36, Parcel 252; Section 15, Township 23, Range 36, Parcels 507, 253, and 256; Section 16, Township 23, Range 36, Parcels, 2, 4 and 5, Parcel 1 (Lots 1 and 2), Parcel 1 (Lot 6); Section 22, Township 23, Range 36, Parcels 252 and 253; Section 11, Township 24, Range 36, Parcel 1; Section 11, Township 24, Range 36, Subdivision 75, Lot 1; Section 12, Township 24, Range 36, Parcels 3, 750, 250, and 500, owned by St. Johns River Water Management District, Henry and Diana Milliken, and Brevard County, from PUD, GU, AU and IU to all GML(P), which were recommended for approval by the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Items 1.a through d. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 2.a. Section 23, Township 23, Range 36, Parcel 252, owned by School Board of Brevard County, Florida, from AU to GML(I), which was recommended for approval by the P&Z Board.

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

Items 3.a through c. Section 14, Township 23, Range 36, Parcel 253; Section 15, Township 23, Range 36, Parcels 4,756, 1, and 250, owned by William F. Leonard, Ralph K. and Lula Baxley, and Howard M. Gould, from SR and IU to RR-1, which were recommended for approval by the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Items 3.a through c. as recommended by the P&Z Board. Motion carried and ordered unanimously. (See pages for Zoning Resolutions.)

Chairman Scarborough called for the public hearing to consider an ordinance amending the Land Development Regulations regarding maximum density in TU-1 zoning classification in Central Beaches.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Section 62-1511(4), relating to maximum densities for Tourist Commercial Uses in the Central Beaches; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code. Motion carried and ordered unanimously. (See page for Ordinance No. 99-11.)

Chairman Scarborough called for the public hearing to consider an ordinance amending Land Development Regulations to create new land use for independent living facilities.

Attorney Leonard Spielvogel advised the item is for independent living facility conditional use permit brought to the Board by its staff; and he is here as an interested party, and will speak at the appropriate time.

Chairman Scarborough advised Brevard County could create a community for the elderly, but there could be masses of units that bring in people at the bottom end of the income level; and if the percentage of people over 65 is doubling in two decades, that is enormous. He stated a lot of the elderly elsewhere will be moving into Florida; Brevard County could be a prime place for people to move to; and Mr. Spielvogel came up with guidelines that would not make Brevard County another Broward County.

Commissioner Voltz stated Brevard County desperately need living facilities. Chairman Scarborough stated it could bring some very good people here, but he does not want to create a situation that bankrupts the County in the process.

Commissioner O'Brien advised of his Christmas visit to Courtenay Springs assisted living facility, and his inquiry of where the residents were from; and noted most were from out of State. He stated Brevard County is in dire need of assisted living facilities; if it did a population check would it find that 90% of the people moved here to be in the facilities; and inquired if that is what the Board is looking forward to. He stated those facilities put stress on transportation, ambulance service, police, etc.; people in independent living facilities are not so ill that they cannot get around; they get in their cars and go to the stores; but they are experiencing problems, and that is why they move into those facilities.

Chairman Scarborough stated Brevard County can have a nice community or a community that goes bottom up; there is only so many people that can be cared for in a humane manner with the revenue source; and this gives the Board an opportunity to keep the standards high enough to let people in, but not have mass units.

Mr. Spielvogel advised Courtenay Springs is an assisted living facility; they will come back and make their own request for the project they want to bring to Brevard County; but they want to locate close to Barefoot Bay. He stated people living in Barefoot Bay, when they reach a time where they want to move into a facility where meals are made available to them, they can give up the automobile and there will be transportation; and that is what they envision in independent living facility. He stated the units will not be sold; should an occupant take ill on a permanent basis because of advancing years, then they would make arrangements with an assisted living facility so they can transition into that facility; and they envision requiring a doctor?s certification that a person is physically able to take care of himself or herself.

Commissioner O'Brien stated it is essentially an apartment, and instead of calling Meals on Wheels, they call downstairs and ask for breakfast in their apartments; with Mr. Spielvogel responding breakfast will be brought to the apartments to make sure everyone is okay; and lunch will be taken in the common dining room. He stated one concern is to make sure the higher density is not abused where someone is trying to use it for large rental units. Commissioner O'Brien inquired what benefit does the higher density have for the community; with Mr. Spielvogel responding it is offering a service to the residents. Commissioner O'Brien inquired if 80% of the residents have to be Brevard County residents; with Mr. Spielvogel responding if it precludes those who come to Brevard County, he does not know many people who were born here.

Commissioner Higgs advised this is the first hearing on the ordinance the Board is trying to craft; page 2 talks about density and equivalent of .5 residential units and giving a multiplier if it is on a major arterial road; she is not comfortable with that and is not sure what she would be comfortable with, but it is not .5. She stated on the same page under #4 it talks about at least 80% of the occupied units shall be occupied by at least one person who is 55; she thought it was all for people over 55; so it seems that 100% of the units should be occupied by one person who is 55. Assistant County Manager Peggy Busacca advised the concern was if someone had a younger spouse. Commissioner Higgs stated page 3 talks about two services, meals and transportation; there are other services that should be included other than security; Section 3 talks about where they should be located; page 4 talks about going in AU; they are inappropriate in AU; most of AU is 1.5 to 2.5 residential properties; a multifamily apartment complex does not go there; and she is not sure it goes in BU-1-A or PIP either although it is better than AU. She stated it should go in multifamily zoning classifications because it is multifamily.

Commissioner Voltz advised most of the people are from somewhere else; a lot of them who moved here have children who live here or families they want to be close to; and they are not coming here to live in a facility since they do not know the facilities are here. She stated two things that are important are to establish hurricane standards for common areas that would withstand 140 mph winds and transportation. Chairman Scarborough stated that is a good idea so they do not have to be moved around. Commissioner Higgs stated the Board may not want those facilities in areas that would require evacuation. Commissioner Voltz stated transportation is a big problem; SCAT buses are stressed, and so is ambulance service; the County has to provide that; but transportation to grocery stores, doctors? offices, and any place else they need to go is very important. She agreed with Commissioner Higgs on the location of those facilities.

Commissioner Carlson stated her main concern is independent living facilities are not governed by State licensing; it is a congregate care facility in a sense that it is similar to assisted living facility; even though it is independent, they still have a large number of people living in one place and requiring services; but there is nothing that governs that to insure good quality facilities. She stated there are three levels in rating nursing homes, assisted living facilities, and acute care units; and inquired if Mr. Enos could explain the rating system. Chairman Scarborough instructed Mr. Enos to find it and send it to the Board. Commissioner Carlson advised of her experience in putting a parent into a facility.

Chairman Scarborough stated the ordinance should not be too specific and should look at all the demographics and all the things that are happening. Commissioner Voltz stated they are desperately needed. Commissioner Carlson stated she is not against them, but wants to make sure they have a quality of life and standards that promote that, otherwise they could end up with slums and a lot of older people in a bad way. Chairman Scarborough advised of friends who were elderly and moved out of Brevard County to find higher quality places, facilities that are institutional, and tremendous fear of elderly persons living in inadequate facilities. He stated this is an opportunity to create something of a higher level to care for elderly people that exceeds the current standards.

Commissioner Voltz advised there is housing for people of different income levels, so the same thing should be provided for the elderly; there are a lot of elderly people who do not have a lot of money and their social security checks sustain them; and that is the area that needs to be provided for. Commissioner Carlson indicated then the Board should have affordable living facilities instead of independent living facilities. Chairman Scarborough inquired if Brevard County wants a place where people will come here because it is cheap or does it want to have a place where it is competing because it has a degree of ambiance that they want to be a part of. Commissioner Voltz inquired if the Chairman wants to provide for the people who are here or want to bring people in; with Chairman Scarborough responding some people are stuck in the current facilities; and Brevard County is not known to have the nicest places to stay.

Commissioner O'Brien stated the first question is if the Board wants to facilitate independent living facilities; if it does, then it should be done right; there are regulations on the books on living size of apartments; they want 500 square feet; and the Zoning Code says no, it has to be bigger; and inquired if those regulations exist, why would the Board want to make everything smaller. He inquired if the Board wants quality or a motel room; and reiterated the zoning requirement on size that should not be smaller for senior citizens.

Discussion ensued on the size of independent living facility units, rental cost, meals, and whether or not it is market driven.

Commissioner Carlson stated staff is looking at benchmarking and baselining; and inquired if the Board should hold off on the ordinance and decide whether it needs this type of facility based on staff?s study. She stated the board would get more detail from staff as they look into the various needs in the community and then determine if there really is a need to be addressed now in terms of growth. Commissioner O'Brien stated the County?s job is not to do demographics for consumers. Commissioner Carlson stated she is talking about determining the need for such facilities.

Commissioner Higgs stated there is a need for this type of facility, but her concern is what it could become by the conversion factor on page 4 and where they will be located. She stated if people think they can make money, then they can build those facilities, but the Board should not allow them to be built anywhere and everywhere. She stated Commissioner O'Brien?s point about the size is also important because that is not going to be a high end unit; and those are the questions that need answers. Chairman Scarborough inquired if Mr. Spielvogel wants to answer the questions.

Mr. Spielvogel advised they have to appeal to the market; it is not a matter of someone being put in somewhere and not having options; they can move out if they do not like it; and it is not inexpensive living. He stated his client looked into the market, and travel to Colorado to see those facilities, so he is not going to build something that is so small or inadequate that people are not going to want to live there. He stated there is precedent in the Code for that size unit; their concern is it might be abused; enough money will be spent on building the facility that they would have to charge enough to their tenants in order to get a return; and they will not be people who will be abused because they can move out. Mr. Spielvogel stated it can be micro-managed and it will go away, or the Board can table it and study it for a long time; but they see a present need and would like to meet it. He stated they met with Homeowners Associations in the south end of the County; they went to what they perceived to be their market; his client had an idea and location and went to the area; and people at the meetings were ready to sign up; and it was only after they tested the market that they requested approval of the project. He inquired if the definition, "ILF meets a residential structure having at least 16 living units designed and operated to house elderly adults over 55 years" was taken out; with Mr. Enos responding yes. He stated it is a different concept from assisted living facilities; they are not going to bring in people; and there is a need in the community as evidenced by the response they got from the Homeowners Association groups.

Chairman Scarborough stated this is where he gets frightened; he is not approving a unit in Barefoot Bay, he is changing an ordinance; because of that he is opening a door; and it affects the future of Brevard County. He stated two decades later people may say Brevard County made the most fundamental mistake in its history; that is scary; so they should not put blinders on and only look at this project without considering other things that may happen. Mr. Spielvogel advised he did not bring a picture of the project for that reason; the time he spent with Mr. Enos was to make sure the ordinance would not be abused; the items they talked about were so people would not come along and say it is a great way to get a lot of density, try to do it then run; and that is what the Board as well as they are concerned about.

Commissioner O'Brien stated an ILF is probably a good idea and it may be market driven, but what will happen if they build the units and do not have customers. He advised of the situation with Cape Canaveral Hospital which has converted 64 rooms for long-term care because something happened and the demand was not there. He expressed concern about downsizing the units just because they are in an ILF; and stated if 15 years from now the ILF market is not there, and they end up like hotels with so many empty rooms, they will be coming back to request something else. Mr. Spielvogel advised that is why they have designed their project so it can be converted into an assisted living facility and have the amenities that are required by Florida Statutes for an ALF.

Commissioner Higgs advised when the presentation was made, she understood they were one-bedroom and two bedroom units, and does not remember efficiencies; with Dennis Matherne responding they take a single bedroom unit and use the bedroom to make a two-bedroom unit, then incorporate the rest as an efficiency. Commissioner Higgs stated she does not remember that discussion. She inquired if Mr. Spielvogel does not have a problem being able to convert only to an ALF; with Mr. Spielvogel responding no, as they want the ordinance as tight as possible from a competitive point of view. Commissioner Higgs inquired if the units will have full kitchens; with Mr. Spielvogel responding no, and Mr. Matherne responding the only thing not in the kitchen is a dishwasher. Mr. Matherne advised of hiring a caterer to provide meals which would be 30% of the $1,500 a month rent; so it will not be a low-income facility. He stated the design includes a warming kitchen, dishwashers, range, microwaves, and dining facility of about 2,500 square feet.

Commissioner Carlson inquired if it is converted to an ALF, are there requirements in terms of kitchens and three meals a day on site; with Mr. Matherne responding the kitchen is large enough to accomplish that criteria, including offices, nurses stations, and the whole gamut of an ALF. He stated they have emergency calls in each room that will be monitored. Commissioner Carlson inquired who would respond to the calls; with Mr. Matherne responding an onsite person who would monitor the system.

Commissioner Higgs stated she sees no reason why it would not be a permitted use in multifamily residential areas if apartments are permitted as opposed to being a conditional use. Mr. Enos advised the only reason staff considered making it a conditional use is because of the density bonus which are fairly high; but if they were to reduce the densities, he would not have a problem making it a permitted use with conditions. Commissioner Higgs stated it could be a permitted use at a density consistent with the density in the area; but if they want double density, then that could be the conditional part. Mr. Enos stated they could write something like that. Commissioner Voltz stated the ordinance has to go to another hearing, so she will move to continue it.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to move the ordinance amending the Land Development Regulations to create a new land use for independent living facilities to the final public hearing on March 23, 1999. Motion carried and ordered unanimously.

Chairman Scarborough stated under a zip code on the Internet there are demographics; he took people over 65 and in different income ranges; and it was a surprise that very few are in the low income bracket. He stated Brevard County does not have the poor old, according to the one run he made; it may not be worrying about attracting retirees, but it should worry about not bringing in people who would create a vacuum that sucks. Commissioner O'Brien stated when the State does demographics, Brevard County is left out of the formula because it has more millionaires than West Palm Beach and its per capita income is almost the highest in the State. Chairman Scarborough stated the Space Center incomes are more than Disney pays; and the Board has more control of things than it can imagine by the way it sets policy.

Chairman Scarborough called for the public hearing to consider an ordinance amending the Land Development Regulations regarding private parks and playgrounds and recreational facilities.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 5, Subdivision 3; specifically amending Section 62-1840(A), Private Parks and Playgrounds, to require a conditional use permit and minimum lot size for parks not internal to a platted subdivision; specifically amending Section 62-1840, Private Parks and Playgrounds under certain conditions; specifically amending Section 62-1945(A), Recreational Facilities, to require a conditional use permit and minimum lot size for parks not internal to a platted subdivision; and specifically amending Section 62-1945, Recreational Facilities, to permit private parks and playgrounds under certain conditions; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing fo

inclusion in the Code of Ordinances of Brevard County, Florida. Motion carried and ordered unanimously. (See page for Ordinance No. 99-12.)

Chairman Scarborough called for the public hearing to consider an ordinance amending the agricultural Rural Residential classification.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to move the Ordinance amending the Land Development Regulations to exclude park model recreational vehicles from permitted uses in Agriculture Rural Residential zoning classification, to the final hearing on March 23, 1999. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 9:25 p.m.

_________________________ ____________________________________

SANDY CRAWFORD, CLERK TRUMAN G. SCARBOROUGH, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

(S E A L)