The Board of County Commissioners of Brevard County, Florida, met in regular session on December 11, 1997, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, Community Development Services Administrator Peggy Busacca, and Assistant County Attorney Eden Bentley.

The Invocation was given by Commissioner Truman Scarborough, District 1.

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

SPECIAL EVENT PERMIT, RE: RIVER OF LIFE ASSEMBLY OF GOD CHURCH

Community Development Administrator Peggy Busacca, requested approval of a special event permit for River of Life Assembly of God Church.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the application from River of Life Assembly of God Church for a special event permit with outside music on December 15, 1997, and waive permitting requirements for medical and security services. Motion carried and ordered unanimously.

REPORT, RE: FLOODING

Commissioner O'Brien advised of the heavy rains projected for Brevard County which he hopes will not flood any homes, and requested people be careful crossing the causeways.

PUBLIC HEARING, RE: SPECIAL AGENDA OF NOVEMBER 3, 1997 P&Z MEETING

Chairman Voltz called for the public hearing to consider Item 7 of the November 3, 1997 Planning and Zoning (P&Z) Board's meeting, as follows:

Item 7. Irving Winkler, Donald and Marie Donze, Ruth Satt, Patricia Carr, Trustee, Donald Brooks, Col. Virgil and Virginia Munsey, Angelo and Roberta Frodella, T. Chappel, William Vernon Phillips, Wilmon and M. Carolyn Linger, Leroy Conner, Wanda Elizabeth and Allen Robert Carnes, Donald Lee DeSha, Ira Zager, Trustee, Michael and Stella Fitzgibbons, and James and Jacqueline Osteen's request for change from GU to SR with BDP limiting development to one unit per 2-1/2 acres overall, not to exceed 80 units on the site, and transfer of development rights from a nearby 60? acre-tract comprise of mostly wetlands on a total acreage of 243.02 acres located on the north side of Canaveral Groves Boulevard, approximately 650 feet west of Alan Sheppard Avenue, which was approved by the P&Z Board with a BDP including statement "access to Grissom Road, if available."

Commissioner Scarborough advised he met with the applicant, his representative, the realtor, members of the Homeowners Association, and Eden Bentley, Peggy Busacca, and Rick Enos were there also.

Rodney Honeycutt advised of the location of the property, the request for SR on the development parcel for a maximum of 64 lots, and transfer of development rights for 16 lots for a total of 80 lots on over 240 acres, which would be one unit per three acres plus. He stated the parcel they are transferring from could have 28 lots; they are requesting 16 lots; and they will use the development parcel for mitigation. He noted they propose to have a jogging trail along Grissom Parkway; and they will give a conservation easement to the State which would limit the use of the parcel. Mr. Honeycutt advised they will use the same drainage basin, school district, and roads, so it will not transfer impacts; and they have proposed a binding development plan (BDP) limiting the development to 80 lots. He stated because of the wetlands they have to go through permitting with the St. Johns River Water Management District and the County; and since it was important to the people that they not access onto Canaveral Groves Boulevard, the BDP will include access from Grissom Parkway.

Commissioner Higgs inquired if the developer has to manage the property in the conservation easement; with Mr. Honeycutt responding the State will hold them responsible to clean it up if trash is dumped on it. Commissioner Higgs inquired about species management; with Mr. Honeycutt responding it is not typical, but at times they need to be burned and they will participate; however, he has not seen it done in that area because it is a residential area. Commissioner Higgs advised the EELS lands are under management plans; and wetlands surrounded by development need intervention to make sure it is preserved. Mr. Honeycutt stated there is no development bordering it, as it is part of a large wetland that goes to the North, and it will stay in its natural state. He noted the easement has to be recorded and attached to the land. Commissioner Scarborough stated when issuing building permits, staff does not always check the documents to that extent, and something could let building in there.

Joe Stadnik stated the request will place a subdivision and manipulate zoning in an area with 2.5 acres per dwelling. He stated Pinedale Estates purchased 240 acres with a lot of wetlands; he understands they will build 80 lots in that area; and the change to SR would allow half-acre lots where there are no lots smaller than 2.5 acres. He stated it will open the door for diversification of the Comprehensive Plan requirement of more than one acre per home. He inquired if the wetlands will be protected for a long time; and stated traffic is planned by one road and there will be no way to get out if there are fires during the summer. He requested the Board reject the application or change the Comprehensive Plan for all builders.

Nicki Kisner advised the developer has been sensitive to the concerns about Canaveral Groves Boulevard, but the overall density will be less than one-acre homesites and she wants assurances it will not rebound on the residents in Canaveral Groves in the future.

Commissioner Scarborough advised the area is a transitional area; Port St. John has half-acre lots and Canaveral Groves is rural; Camp Road is where the jail is; the County put in PIP; and further down Grissom Parkway there will be an interchange with I-95. He stated it is a dynamic area; he is pleased that someone wants to come in and develop a subdivision, because normally it would develop helter-skelter and have more problems; but he has concerns about the transfer of development rights (TDR's). He stated it has to be related or it becomes someone selling development rights; it is close to one unit per acre; and inquired if they could move from 3/4-acre lots to one-acre lots; with Mr. Honeycutt responding they have about 20 lots that are less than one acre; and to get 80 lots they have to have 10 lots in the 3/4-acre size; however, he will look at it again to see if they can do better than that.

Discussion ensued on funding management of the conservation easement, deeding it to the St. Johns River Water Management District, the County not needing any more public lands, MSBU for funds to maintain the easement, and a homeowners association being responsible for maintenance.

Motion by Commissioner Scarborough, to approve Item 7, for change from GU to SR with binding development plan (BDP) limiting development to one unit per 2-1/2 acres overall, not to exceed 80 units on the site, and transfer of development rights from a nearby 60? acres comprised of mostly wetlands on a total acreage of 243.02 acres located on the north side of Canaveral Groves Boulevard, west of Alan Sheppard Avenue, subject to: (1) a finding of fact that it is part of the same project, and the same road systems, school district, and drainage system are utilized; (2) there be no more than ten lots at less than one acre, but each of those lots would be more than 3/4 acre; and (3) the developer agree, as part of the BDP, to either deed to the County with adequate compensation for management as a conservation area, or place a conservation easement on the property with a homeowners association established by the developer to be responsible for management of the easement.

Assistant County Attorney Eden Bentley advised adequate compensation could be unenforceable if they do not go with it, and they would have to drop back to a conservation easement with the homeowners association. Commissioner Scarborough recommended adequate compensation not less than $6,000; and inquired if Mr. Honeycutt agrees; with Mr. Honeycutt responding yes. Ms. Bentley inquired if there is some resource the Board wants to use to establish what the adequate compensation should be; with Commissioner Scarborough responding nobody has scientific data as to the type of land it is and what type of resources are needed; there is a base number of $6,000; so he does not think there will be a problem. Commissioner Higgs stated if it comes back to the Board as an agreement and is accepted, then the Board can go to its land management staff to find out what it would cost over a period of 20 years to do it. Ms. Bentley stated the BDP and zoning will not be effective until this occurs; with Commissioner Higgs responding they need to get in gear and get it all settled. Mr. Honeycutt inquired what needs to be settled; with Ms. Bentley responding the deed and fee issues in order for the BDP and zoning to be in place. Commissioner Higgs stated if the developer decides to go with a homeowners association, or get a deed and agreement with the St. Johns River Water Management District, the County, or some other entity, the Board could settle those issues. Ms. Bentley suggested a time frame that either one or the other will be done in 30 days; with Commissioner Scarborough and Mr. Honeycutt agreeing. Commissioner Scarborough stated it can be put on the Agenda to be determined by the Board at the first meeting in February, 1998, and Mr. Honeycutt be notified of that meeting date.

Chairman Voltz stated she will support the motion, but does not agree with developers paying to use their own property. She called for a vote on the motion. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: DECEMBER 1, 1997 P&Z MEETING AGENDA

Chairman Voltz called for the public hearing to consider the recommendations of the Planning and Zoning (P&Z) Board, made at its public hearing on December 1, 1997, as follows:

Item 1. Jimmie Floyd Philman's request for change from AU to RR-1 on 2.3 acres located on the north side of Tuckaway, west of Fiske Boulevard, which was approved by the P&Z Board.

Commissioner Cook inquired about the access; with Mr. Philman responding he is requesting the rezoning to sell the property to Tuckaway Estates which would be accessed by Tuckaway; and there is an easement to Martin Road also. Commissioner Cook stated he received a letter requesting the access be on Martin Road only, but if it is going to be part of Tuckaway Estates, it should have access to the internal roads. Mr. Philman stated it is right off Tuckaway Road. Commissioner Cook stated any drainage problems will be addressed through the site plan; it was unanimously approved by the P&Z Board; staff has no problem; so he will move to approve it.

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

Item 2. Brevard Broadcasting, Inc.'s request for CUP for towers and antennas in GU zoning classification on 10 acres located on the northeast corner of South Burnett Road and Parrish Road, which was approved by the P&Z Board.

Commissioner Cook advised Mr. Standley, President of Brevard Broadcasting, Inc., contacted him about the item; and it is a place where there is an existing tower, so there is no problem with it.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Item 2 as recommended by the P&Z Board.

Commissioner Scarborough inquired if it will have a strobe light or red light; with Mr. W. F. Standley responding the plan is to have a strobe light during the daylight hours and red light at night. Commissioner Scarborough inquired when is a strobe light required; with Mr. Standley responding a beacon is required for anything 200 feet or higher.

Chairman Voltz inquired if the motion includes the three waivers; with Commissioner Cook responding yes and the red beacon at night.

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

Item 3. The Suntree Partners' request for change from RU-2-10 with BSP to PUD on 14.53? acres located along the west right-of-way of Forest Lake Avenue, north of Wickham Road, which was approved by the P&Z Board. John Haley, President of Suntree Partners, advised the PUD line would bisect the neighborhood and cause the parcel to be half in and half out of the PUD; the request is to take the property currently zoned for multifamily and attach it to Suntree PUD to property also zoned for multifamily; and it will not increase the density, but would reduce it.

Chairman Voltz advised it would go from ten units per acre to eight units per acre. Commissioner Cook stated he has a letter from Suntree Masters Homeowners Association supporting the request.

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

Item 4. The Suntree Partners' request for change from BU-1-A with BSP to BU-1 on 7.08? acres located on the north side of Wickham Road, west of Forest Lake Avenue, which was approved by the P&Z Board with a BDP that part of Parcel 751 remain BU-1-A, not to be developed commercially, and limiting uses in BU-1 to the list of prohibitive business category uses as agreed to by the Advent Lutheran Church.

John Haley, President of Suntree Partners, advised they would like to develop seven of the 14 acres as BU-1, and leave the remaining seven acres as a conservation easement or retention area. He stated it is high and dry and would be the retention area for the commercial sites; and the Advent Lutheran Church supports the change. He stated they will enter into a BDP to restrict uses on the property, and he is prepared to execute it.

Commissioner Cook advised he talked with Mr. Swatek of Suntree Masters Homeowners Association who expressed concern about the development, but later contacted him stating they are satisfied with what had been worked out with the Church. He inquired if the list of uses is part of the BDP; with Mr. Haley responding yes.

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

Item 5. Ronald D. Levy's request for change from AU and GML to RU-2-8 on 9.332? acres located west of Wickham Road, north of Pine Branch Drive, which was tabled by the P&Z Board to January 5, 1998 P&Z Meeting, with no reprocessing fee required.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Item 5 as recommended by the P&Z Board, to its January 5, 1998 meeting and the Board of County Commissioners meeting of January 29, 1998. Motion carried and ordered unanimously.

Item 6. Ronald D. Levy's request for change from AU to RU-1-7 on 61.336? acres located west of Wickham Road, north of Pine Branch Road, which was approved by the P&Z Board as RU-1-11 as amended by the applicant, with a BDP limiting the development to 3 units per acre maximum, minimum of 120-foot lot depth on all lots abutting Oak Park and Windsor Estates, and no access to Oak Park and Pinehurst.

Robert Lee, President of Lee Engineering, Inc., representing the applicant, advised they agree with the RU-1-11 and BDP; they met with several homeowners from Oak Park, and agree to increase the depth of lots to 150 feet bordering the Oak Park and 120 bordering Windsor Estates; and they agree to limit development to a maximum of three units per acre.

Zoning Official Rick Enos advised he does not see no access to Pinehurst in the BDP; with Mr. Lee responding he will state that for the record.

Chairman Voltz advised the Board indicated a policy to table items if information is not received in time to review it. Mr. Enos stated it appears to have the conditions listed by the P&Z Board.

Commissioner Higgs requested Mr. Lee define gross acreage; with Mr. Lee responding they took the entire land area and agreed to have not more than three units for each acre. Commissioner Cook inquired if they could have six lots per acre; with Mr. Lee responding they are bound by the minimum lot size. Attorney Joel Moss advised he copied the BDP from the Windsor Park BDP that the Board approved previously.

Commissioner Cook advised of problems during construction with sand blowing on adjacent homes; and inquired if the developer will limit the amount of sand when development occurs; with Mr. Lee responding they will do what it takes, such as a silk screen, barrier, etc.

Edgar Eugberg expressed concern about the location of the access to the development off Wickham Road; with Mr. Lee responding the owner has commercial property east of the subject property; to the north is retention pond of the County; and his lot is south of the County retention pond so the access will be on the south side of the County's pond. Mr. Eugberg stated the area is low density, but he understands the development will be high density; with Commissioner Cook responding that was the item that was tabled.

Joseph Rotyliano expressed concern about four times the ratio of homes to acreage compared to Oak Park which may affect his property value, and dust that would be a problem to keeping their homes clean.

Commissioner Cook advised in AU the minimum house size is 750 square feet; by changing it to RU-1-11, it increases the house size and raises the property values abutting Mr. Rotyliano's property; and the permitted uses in AU include raising and grazing of animals, bed and breakfast inns, etc.; and the standard the change is going to is better than what it is currently zoning.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Item 6 as recommended by the P&Z Board with BDP, and screening of construction sites to limit sand blowing on adjacent properties.

Chairman Voltz advised she will vote against the motion because she just received the information. She called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay.

The meeting recessed at 6:45 p.m., and reconvened at 7:00 p.m.

Item 7. Cecil Ross and Patricia A. Adams' request for change from AU to RR-1 on one acre located on the south side of Hideaway Lane, east of the end of County Road maintenance, which was approved by the P&Z Board.

Commissioner Higgs advised the area south of the ditch is AU; the ditch is 60 feet and divides RR-1 from AU; and decreasing the size of lots will be significant to Grant and Valkaria which has serious drainage problems, so lots should remain at the AU level. She stated it will also significantly change the character of the area; and it is 30% below the lot size in the area. She recommended the request be denied.

Cecil Adams advised his friends purchased the property next to his and bought the acre in the back; they have a single-family residence and pond on their property; and he wants to build a single-family residence on the front acre north of the pond on Hideaway Lane.

Commissioner Higgs explained the location map of the area; and inquired if the people who own the acreage also own the lake; with Mr. Adams responding yes. Commissioner Higgs stated she is trying to protect the area from flooding, and if only a single-family residence will be built on the property, she would be willing to table the request until the next meeting for assurances from the adjacent property owner.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Item 7 until January 29, 1998. Motion carried and ordered unanimously.

Item 8. Santram Enterprise, Inc.'s request for CUP for trailer and truck rental for one truck only in BU-1 on 0.52 acre, located on the west side of A1A, south of Oak Street, which was approved by the P&Z Board.

James McLean of Leisure Living Condominiums, advised the property is too small; e has 1,000 gallon tank, fruit stand, two gas pumps, and 13 trucks; their concern is a traffic hazard, as there has been five accidents at that corner in three years.

William Korn presented a letter from Kathleen Adams, President of the Condos across the street in opposition to the truck. He inquired if Santram is dissolved can it make agreements; with Ms. Bentley responding yes, if they are the owners of the property and proceeding under dissolved status. Mr. Korn stated it is a hazardous two-lane no turn lane area with ten driveways in less than one-quarter mile and 600 living units; each driveway has to make a 90 degree turn to get out of traffic; and whether he has one or ten trucks means they come back three to six times. He stated the petitioner has another station on A1A in Indialantic at an area that is four-laned with turn lanes; and it would not be as hazardous at that location. Commissioner Cook stated this request came before, and the Board indicated if he came back with one truck it would be acceptable; with Commissioner Higgs responding the Board said it would consider it, not accept it. She stated the applicant asked for a waiver to come back in less than six months; it was explained to him that he could have one U-haul on the property; but she drives by there often and there was no compliance. She stated he later came into compliance, but on six occasions more than one U-haul has been on the property; he cannot use the other station without a CUP; she could be sympathetic if the applicant was trying to comply; but she has not seen that.

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

Commissioner O'Brien stated it is a dangerous area, and would compound the problem, so will support the motion to deny.

Commissioner Cook inquired if the Board granted a waiver; with Mr. Enos responding the Board waived the time, but not fee. Commissioner Cook inquired if the applicant was informed of the meeting; with Mr. Enos responding on several occasions.

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

Item 9. James W. Gentry's request for CUP for towers and antennas in AU zoning classification on 15.56 acres located on the north side of Valkaria Road and west side of I-95, which was denied by the P&Z Board. The applicant amended the request to CUP towers and antennas 170 foot-monopole telecommunications tower.

Commissioner Higgs stated she understands there are people here to speak, but there was a request from the applicant to table the item.

Attorney Cheryl Pence, representing Sprint PCS, requested the item be continued until January 29, 1998, to address concerns of the residents. She stated they actively pursue co-locations and only build as a last resort; because this meeting was pushed up from December 18 to December 11, 1997, they have not had time to explore options; so they would like a continuance to work it out.

Tim Jeffries advised he called Ms. Pence who said she would request a continuance and faxed him photos; it will be less than half of the 200 feet required for a setback; but Ms. Pence said it could be varied by the Board. He stated the County has 15 acres south of Valkaria Road and west of I-95; and Ms. Pence indicated Mr. Gentry would be willing to move the tower, but it would not change their position that the antenna is not compatible with the area. He stated it was denied by the P&Z Board; and requested the Board deny the request for table because it is not suitable now or later.

Kelly Harris stated no matter where they move it, it will be visible from back and front yards of their neighborhood with upscale homes; and inquired why the item would be considered for tabling when it is not suitable for the area.

Kurt Lorcenzini objected to the location of the tower over the I-95 overpass; and stated there are three undeveloped corners, but they picked the Lakeside community to put the tower in. He stated it is a nice area; the tower will do nothing to increase their property values; and suggested they pick one of the other three corners.

Ms. Pence advised they are pursuing the other three quadrants and are willing to look outside the search ring; they agreed to lower the tower and put in a stealth type antenna; it is residents of affluent neighborhoods that demand the services provided by PCS; and their property rights will diminish if they are not allowed to pursue options which the Board can deny on January 29, 1998. She stated they want to look at the three quadrants, but would have to contract with the owners; Mr. Gentry has 15 acres and there may be another place with no impact on his property; and there is no evidence that is not the case.

Chairman Voltz advised the Board needs competent substantial evidence to turn down a request; the court will have control if it does not give them the opportunity to look at other sites; and the court may allow them to put up the tower on the subject site.

Commissioner Higgs inquired what the Board has done with requests from applicants for continuances; with Ms. Bentley responding typically it continued the item, but it is not mandatory. Commissioner Higgs advised she cannot recall when an applicant asked for a continuance that the Board did not grant it; it is faced with federal laws and must give due process and have competent substantial evidence to back its decisions; so she would agree with tabling the item.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Item 9 until January 29, 1998.

Chairman Voltz advised the Board cannot consider property values, character of the area and emissions according to a letter from FCC. Commissioner Higgs indicated that is not correct. Commissioner Cook stated that is only if the rule-making authority goes through. He stated Ms. Busacca has more letters for the Chairman to sign and send out. Chairman Voltz stated there were six cities that took this issue to court and lost. Commissioner Cook stated the Board is compelled to follow its normal procedures, listen to all sides, and base its decision on substantial competent evidence; it can consider property values, but the FCC is attempting to take that power away from local communities; so people may want to call their Congressman and Senators. Chairman Voltz stated she does not want the Board to do something hastily that will affect the people.

Chairman Voltz called for a vote on the motion to table. Motion carried and ordered unanimously.

Item 10. Michael D. and Sandra J. Douglas and C. Steve and Debra K. Douglas' request for CUP for towers and antennas in BU-2 zoning classification on 6 acres located on the south side of Micco Road, east side of FEC railroad right-of-way, which was approved by the P&Z Board.

Cheryl Pence, Attorney and Planner with Gearon Communications, representing Sprint PCS, introduced Brian Borgiet, radio frequency engineer, and Randall Reid, MAI appraiser, and advised of their credentials. She requested to make one presentation for the remaining applications she represents for Sprint PCS; and stated Sprint is committed nationwide to co-location and designs its system around existing structures then does infield work. She stated 76% of their sites in Orlando BTA , which includes ten counties, are co-located; and presented and explained charts of Brevard County locations, noting of 30 sites, 23 will be co-locations. Ms. Pence explained the computer program that does their radio frequency design, the testing process, and how they search for sites, noting as a last resort they find a property owner and build a structure. She stated the Micco site is one of those ground built structures; County staff's report was very favorable; and they are requesting two waivers. She presented and explained an aerial photograph depicting the six-acre industrial site, and described the development around the site, noting a concrete factory, shopping center, railroad tracks, and warehouses. She presented and described the pictures she took of the site; stated all around it is zoned BU-1 or BU-2 and described the structures; and noted the reason they wish to put the tower on the particular site is because there is an existing building there. Ms. Pence advised the requested waivers are from the 200-foot setback requirement on one side of the property to 100 feet, and the five times the tower height from the TR-1 property. She stated part of their license mandate is to serve people in their homes, offices, and buildings, not just the mobil population; and because of that they must acquire 70% coverage of static population, and the five times the tower height setback will not work in at least eight out of ten of their site requirements. She stated for an average height tower of 200 feet, they would have to have 96 acres; and in an urban setting it is a physical impossibility. She stated between the site and TR property are the railroad right-of-way, a warehouse, and distance to the north. Ms. Pence advised they are proposing a monopole at 150 feet which is a mid-level structure; and presented photo simulations of the property taken from Micco Road and U.S. 1, with a monopole inserted on the photographs.

Commissioner Higgs inquired where are the homes in the GU zoning classification; and Ms. Pence identified those properties on the aerial photograph.

Commissioner Cook stated he does not want to leave the comments about the Ordinance unchallenged as it is not that outrageous; and there are waiver provisions so the Board can consider setbacks, etc. Ms. Pence stated she did not say it was outrageous, but said under their FCC mandate, they cannot meet the requirements eight out of ten times. Commissioner Cook stated he has no way of verifying that; and requested in the future Mr. Enos provide the Commissioners with photographs that are filed with applications during their briefings.

Discussion ensued on the structures in the area, the pictures that were taken by Ms. Pence, and changing the name from Roseland to Micco on the pictures.

Commissioner Scarborough inquired about the difference between the strobe light and regular light; with Ms. Pence responding FCC does not require lighting on towers under 200 feet; all their towers are under 200 feet. She stated she is not aware of any certain height that has to have a certain type of lighting; and the lighting that meets FCC standards and is most compatible with people is the dual light, strobe lighting in the day and red at night. Commissioner Scarborough inquired even though it is not required by FCC can someone put any type of lighting on a tower; with Ms. Pence responding if they are granted a CUP and it is an unanswered issue, they could, but she can assure the Board they will not put lighting on their towers that are under 200 feet. Commissioner O'Brien commented towers without lights may affect Mosquito Control pilots as they fly lower and would not know where the new poles are.

Randall Reid advised he is a professional real estate appraiser in Tampa; he is a State certified general appraiser; and he holds the MAI designation which is an appraisal institute commercial appraisal designation. He stated his scope in this process is fairly narrow; he was hired a little over a year ago by a competing cellular provider to do a study on whether or not locating monopole towers near residential subdivisions would impact values; and he has not done anything similar to that previously and had no idea what he was going to find. He stated since then he has done several studies in several different counties; and gave an overview of how the study is conducted, what is compared, and the findings that monopoles do not impact market values of homes. He emphasized that he did not find one instance where the monopoles impacted market values.

Commissioner Scarborough advised of the Florida Power & Light Company issue in Rockledge with high tension power lines that affected property values, proximity of I-95 affecting property values, and homes on golf courses and water fronts increasing in value; and inquired if Mr. Reid is saying there is no difference in values of homes in close proximity to the towers and those farther away; with Mr. Reid responding the comparisons he selected that were most similar did not have one person who said he discounted his house because of the tower. Commissioner Scarborough stated that is unusual because other things tested reported close proximity to highways and certain areas affected values. Chairman Voltz stated electrical voltage would make a difference. Mr. Reid stated high tension wires are a lot more controversial and a health hazard, and highways have noise.

Discussion continued on the study performed by Mr. Reid, other studies done in other States and Counties, property appraisers not decreasing values because of towers, sample size, confirmations obtained for the study, and the study not reflecting the intrinsic values, enjoyment of the home, length of time on the market, and other factors.

Mr. Reid advised he measured only market values, and explained how he conducted the study. He stated he did consider the length of time on the market and saw no differentiation.

Gene Parets advised he owns property at 8220 U.S. 1, his wife owns property at 8230 U.S. 1, and his brother-in-law owns property at 8250 U.S. 1; he faxed a letter of opposition and feel strongly the 150-foot tower would be unsightly and detrimental to their property values. He stated the tower would be best located anywhere west of the site. Discussion ensued on the location of Mr. Parets' house, distance from the proposed tower site, and if he would be able to see the tower from his backyard. Mr. Parets stated there was a cement plant there which was taken down and he could see it, so the tower will be visible and should be located elsewhere where less people will be exposed to it. He requested the Board consider turning down the application as it would be unsightly.

Ms. Pence advised she has not finished getting everything she needs to get on the record; it will be a monopole and not a high tension wire; in their search ring, this appears to be the best property, zoned the best, with the least impact on area residents; and there is a lot of commercial property around it. She stated Spring PCS in an effort to do the right thing, will offer a stealth antenna without the top hat; and presented pictures of the cylinder type antenna. Discussion ensued on the type of antenna. Ms. Pence advised the site is six acres; the County's staff report says it is consistent with the Future Land Use designation, not applicable to the maximum allowable residential density, and will maintain acceptable levels of service, and describes the area as a wholesale warehousing commercial district. She stated there is only one side that is quite removed which abuts residential property; and requested a waiver of 350 feet which staff says is 390 feet to the five times the tower height requirement. She stated they meet all the 200-foot setbacks except on the west side where there is a railroad track and warehouse; and requested a 100-foot waiver on that side of the property. She noted they are doing that for technical reasons to meet their RF concerns and the County's requirements on the odd-shaped property, and stay away from homes as much as possible. Ms. Pence offered to have two radio frequency engineers give testimony about the technical necessity of having a site in the search ring if the Board would like to hear it; with Chairman Voltz responding she does not think it is necessary.

Discussion resumed on the pictures of towers and antennas, size of the antenna being six feet by 16 inches, height of the total structure being 150 feet, and waiver requests.

Commissioner O'Brien advised Ms. Pence made statements about the County's Ordinance and requested waivers from the distance requirements; the Ordinance was written after review of similar ordinances throughout the State and Nation; and it was accepted by the Board as a method of trying to protect its citizens. He stated just because the tower does not fit on the property they found, it is not the Board's fault or problem, and it does not have to do anything; they could buy more property; and if it is not for sale, perhaps they are not offering enough money. He stated Ms. Pence should not put the onus on the Board; the onus is on their part; and if it does not fit in the economic financial picture of whatever Sprint PCS wants to do, that is still not the County's problem. Commissioner O'Brien stated he heard all the arguments, which are good arguments; however, what is missing is that they have a problem and are requesting the Board to help them solve the problem, but the Board does not have to do that. Ms. Pence stated she understands that, and did not mean to offend or imply that the Board had to grant the waivers she is requesting, but because they cannot meet the five times the tower height requirement within their mandate by FCC in several of their projects, they will need to ask for waivers which are provided for and allowed in the Ordinance. Commissioner O'Brien stated they can be met with purchase of more property.

Commissioner Cook advised this antenna is in a BU-2 zoning classification; it is only 150 feet as opposed to 800 feet; and it is a monopole which is more compatible with surrounding areas than lattice or guy wire types of antennas. He stated it is surrounded by commercial uses; it backs up to a railroad track which could be more intrusive to adjacent property owners than the tower; and they are willing to go with the alternative stealth antenna which is less intrusive than the top hat type. He stated he does not endorse towers in all cases, but he could support this one.

Commissioner Higgs advised the Ordinance sets aside 200 feet as the setback; nothing she heard compels her to allow the waiver; there is a railroad track, but the property line is the compelling factor; and the Ordinance says, "Any tower shall be setback a minimum of 200 feet from all property lines." She stated FEC is an important corridor for transportation of people and goods; she has concerns about the properties to the south and the GU single-family residential use; and there is a TR-1 residential area as well as AU to the north, so the Board should hold to its Ordinance, as the evidence presented does not compel her to grant the waiver.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to overrule the P&Z Board's recommendation and deny Item 10.

Commissioner Cook stated the Ordinance is a good one, but the Board is not going to prevail if it goes to court; it has a waiver provision because there may be times when the Board wants to grant a waiver and have that flexibility if the applicant presents a compelling case; and in this case, e is inclined to think they have met that standard.

Commissioner Scarborough stated under the waiver provisions, the burden shifts; the report from Bohannan & Reid is unsubstantiated as to what subdivisions were reviewed and where; and the Board may wish to contact the Property Appraiser to look at data. He stated it may be prudent to table the item for additional information from the Property Appraiser's Office and to look at other factors. He stated it is incumbent upon the applicant to provide more than a general letter from Mr. Reid; and the actual report would be necessary to determine what subdivisions were considered, what sales, what proximity, times of sales in comparison to locations of the towers, types of towers, heights of towers, etc., which are absent from the letter. Commissioner Higgs stated she would be happy to move to table the item to get additional documents and staff get documentation from the Property Appraiser regarding property values. Commissioner Scarborough stated it is also important to provide that information to the applicant so she has an opportunity to adequately review it, come and comment on that, bring expert witnesses to refute any information, and understand it is a continuation of the public hearing as the Board has questions about the information previously submitted, and not just to verify a prior motion. Ms. Pence inquired if they would also have the opportunity to supply evidence; with Commissioner Scarborough responding yes.

Commissioner Cook requested Mr. Reid supply additional information on his study and the methodology used. Ms. Pence inquired if the public hearing will be open to all matters of evidence and not just the study; with Commissioner Scarborough responding absolutely.

Commissioner Higgs stated it will be helpful to the Board to get the information prior to the meeting so they can review the evidence provided; and staff will try to provide the applicant with any evidence it has so they can review it in advance.

Ms. Pence advised a continuing reason why they sited the proposed monopole where they did on the property is because they were able to meet as many as the setbacks as possible on that site; there is an existing building on the site; and the owner has plans to develop mini-warehouses on another portion of the property. She noted they will bring more information on that to the Board. Commissioner Higgs requested copies of the drawings; with Ms. Pence responding she submitted a site plan with the application, but the Board can have everything she has. Mr. Enos stated he will make copies of the site plan for each Commissioner.

Commissioner Cook stated it may have some merit to have antennas located in highly commercialized areas rather than in rural or residential areas; and it may be worth it for the Board to look at those areas which are highly commercialized and set those aside for this type of operations. He stated he does not know if the Board can address the type of antennas, but if all towers looked like the monopole with a stealth antenna there would be less objections to them. Chairman Voltz advised from the information given today and at prior meetings, there is no significant impact on property values; five times the height of the tower is absolutely ridiculous; the Board will end up in court far too many times with the Ordinance; so she will not support the motion to deny, but will agree with tabling it.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to table Item 10 until January 29, 1998 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 11. Tony and Ruth C. Crisafulli and Mary R. Crisafulli's request for change from AU with CUP for tenant dwelling to RRMH-1 on 2.50 acres located on the west side of Judson Road, south of North Courtenay Parkway, which was approved by the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 11 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 12. Christophe J. N. and Yvette J. Buisson's request for change from RAILROAD-1 to AU on 2.55 acres located on the east side of North Tropical Trail, north of Andrix Street, which was approved by the P&Z Board.

Commissioner O'Brien advised a mistake has taken place; the ad read 12.55 acres instead of 2.55 acres; so staff has to re-advertise this item.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to return Item 12 to the P&Z Board for re-advertising. Motion carried and ordered unanimously.

Item 13. Ronald and Catherine Griffith's request for change from GU to AU on 2.23 acres located on the west side of Fan Palm Avenue, south of Date Palm Avenue, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Item 13 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 14. Hoyt G. and Sarah A. Mack and Ola Mae Mack's request for change from AU to RAILROAD-1 on 3.03 acres located on the east side of Freedom Avenue, south of Parker Road, which was approved by the P&Z Board.

Commissioner Higgs advised there is AU property all around the subject property and will extend RR-1 to the north, so she will not support it.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Item 14 as recommended by the P&Z Board. Motion carried and ordered; Commissioner Higgs voted nay.

Item 15. John G. Carey, M.D.'s request for CUP for alcoholic beverages for on-premise consumption in BU-1 zoning classification on .34 acre located on the southeast corner of U.S. 1 and Belmont Avenue, which was denied by the P&Z Board.

James Haines requested the item be tabled and the time and fee waived so he can meet with the neighbors and Zoning staff to address their concerns.

Commissioner Scarborough advised the people have sat here a long time; generally the Board allows applicants to ask for tabling and grant it, but it should allow the people to speak also.

Marion Brady gave letters to the Board; and stated she is opposed the application because it will change the neighborhood.

Ray Dow stated he is concerned with the tabling because the applicant could have come to talk to them about what he was going to do, but did not; and they have waited from 5:30 p.m. until 8:00 p.m. waiting for a denial. He stated Mr. Haines could have saved money because they would have told him they were against it; the P&Z Board denied it; and they want to be first on the Agenda if the item is tabled which will be an inconvenience to them. He stated since December 1, 1997, they had an opportunity to come and talk to the neighbors, but nobody was approached by the applicant; and he feels they are being punished by the process.

Commissioner Scarborough stated the Board may want to set a policy on requests for tabling, that it should be at the beginning of the meeting and disposed of, because it is not fair for people to stay all night and have to come back when an item is tabled. Commissioner Cook stated he agrees with a policy because it is frustrating, but the Board has to guarantee due process. Commissioner Higgs stated if the Board establishes a policy, there may be people asking for tabling on the other side of the issue and not only the applicant, after they hear the comments; so the Board needs to be careful about setting a policy to have those up front.

Deborah Hudak stated it is unnecessary to table the item because they have objected to it since the day they got their notices, and nobody contacted them.

Commissioner Scarborough suggested the County Attorney look into having applicants who plan to request an item be tabled give the Board at least three days notice before the meeting so people can be notified. Commissioner Higgs inquired about those people on the other side of the issue; with Commissioner Scarborough responding they do not have the right to appeal the item like the applicant, but they can hear the applicant and say they need more time to refute the statements. Commissioner Higgs recommended protecting due process on both sides of the issue.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to table Item 15 until January 29, 1998 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 16. Carlos L. and Sandra J. Springfield's request for CUP for towers and antennas in AGR zoning classification on 12.6 acres located on the west side of International Avenue, south of Aurantia Road, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 16 as recommended by the P&Z Board, with no strobe lights in the evening hours and stealth antenna.

Ms. Pence stated there are no lights on towers under 200 feet, but they agree; with Commissioner Scarborough responding there is noting that prohibits strobe lighting on towers under 200 feet, so he included that as a condition of the CUP.

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

Cheryl Pence, representing Spring PCS, advised they cannot build a lattice tower with stealth antenna and would have to build a monopole.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reconsider Item 16. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 16 with a monopole and stealth antenna, and no strobe lighting. Motion carried and ordered unanimously.

Item 17. Debora Alderman, Paul L. Alderman, Jr., Melissa D. Alderman, and Amanda Alderman's request for CUP for towers and antennas in an AU zoning classification on 5.15? acres located north of SR 46, and east of the Volusia County line, which was approved by the P&Z Board.

Cheryl Pence advised her engineers informed her they cannot, without research, agree to a lattice tower off SR 46 because they do not communicate as far as regular antennas do; and requested permission to allow the engineer to explain it to the Board.

Commissioner Scarborough stated Ms. Pence requested a lattice tower; and inquired if they cannot go to the monopole on Item 17; with Ms. Pence responding right. Commissioner Cook inquired if Ms. Pence is referring to Item 17, as Item 16 was approved with the conditions. Ms. Pence stated 16 can work, 17 they have a problem with the stealth antennas, and requested the experts speak to the Board on that. Commissioner Higgs inquired if Ms. Pence wants to establish the technical necessity of the lattice tower. Commissioner Scarborough stated it is way out on SR 46 and would not be a problem. Commissioner Cook inquired if the cylinder can be put on top of a lattice tower; with Ms. Pence responding no, that is the point; the antennas that are in the cylinder do not communicate as well as a regular antenna.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 17 with the lattice tower and no strobe lighting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADMINISTRATIVE REZONING AGENDA OF DECEMBER 1, 1997

Chairman Voltz called for the public hearing to consider administrative rezonings as recommended by the Planning and Zoning (P&Z) Board at its public hearing on December 1, 1997, as follows:

Item 1. Section 7, Township 30, Range 39, Parcels 1-Maria Hart, 4-Helen Aguirre, 5-Francisco Aguirre, 8-J&B Melbourne, Ltd., 9-Howard Bernstein, 9.01-George and Lynn Bull, 11-Jeffrey Hillmann, 11.01-John B. Miller, Tr., 16-Mark and Mora Shantizis, 17-Juergen and Kathleen Krueger, 19-J&B Melbourne, Ltd., 22.1 and the north 60 feet of the South ? of Government Lot 4, east of Highway A1A-Harry Wiseman, 31-Inaki Saizarbitoria and Emilio Lopez, et al, and 32-Joseph and Mary McSoley, from RU-2-4 to RR-1, which was approved by the P&Z Board with the stipulation that the future filing fees be waived for those property owners with less than one acre if they request rezoning when the right sizing ordinance is adopted.

Commissioner Cook inquired about the objection from Harry A. B. Wiseman on Item k; with Zoning Official Rick Enos responding the P&Z Board recommended applicants be provided the opportunity to request another classification if the ordinance is adopted with waiver of the fee. Commissioner Higgs stated that is if they do not meet the lot size; with Mr. Enos responding that is correct, because they are non-conforming lots of record, and changing the zoning does not change their status. Commissioner Cook inquired what was the objection; with Mr. Enos responding it will negatively affect the use of the property and should be given pre-existing use so it does not affect the current use as a cottage; but to qualify for pre-existing use, they have to submit an application.

Chairman Voltz advised they want #5 to be tabled; with Mr. Enos responding it will be considered for BU-1-A on February 2, 1998.

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

Item 2. Section 7, Township 30, Range 39, Parcels 2, 3, 7, 10 and 34-Florida Internal Improvement Trust Fund/Archie Carr Sea Turtle, from RU-2-4 and SR to GML, which was approved by the P&Z Board.

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

Item 3. Section 7, Township 30, Range 39, Parcels 12, 33, 35, 36-Florida Internal Improvement Trust Fund, Department of Environmental Protection, 39 and 40-Florida Internal Improvement Trust Fund/Maintenance Camp, excluding the EA zoned portions, from RU-2-4, BU-1-A and EA to GML, excluding EA portions, which was approved by the P&Z Board.

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

Item 4. Section 7, Township 30, Range 39, Parcel 14.3-Anthony and Trudie Infantini, Parcel 37-John and Alberta Jackson, and Parcel 39-Michael E. Botos, TR, from RU-2-4 and EA to RR-1, excluding EA portions, which was approved by the P&Z Board.

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

Item 5. Section 7, Township 30, Range 39, Parcels 21 and 22, excluding GU and EA zoned portions, owned by Donald E. Foley, Trustee, from RU-1-13, RR-1, BU-1-A, GU, and EA, to RR-1 on RU-1-13 areas, RP on BU-1-A areas excluding EA and GU portions, which was tabled by the P&Z Board until February 2, 1998.

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

Item 6. Section 7, Township 30, Range 39, Parcel 28.1-Carol Schrader and Parcel 45-William and Carol Schrader, from RA-2-4 to RR-1, which was approved as SEU by the P&Z Board and requested by the applicant.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, DIVISION 5, ADDING REQUIREMENTS FOR PLANT NURSERIES WITH OUTSIDE BULK STORAGE

Chairman Voltz called for the public hearing to consider an ordinance amending Chapter 62, Article VI, Division 5, to add requirements for plant nurseries with outside bulk storage.

Commissioner Cook inquired if the change is for people to have 1/3rd of an acre or 15,000 square feet; with Zoning Official Rick Enos responding only with outside bulk materials.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; adding Article VI, Division 5, Subdivision 3, Section 62-1942, Plant Nurseries (with outside bulk storage of mulch, topsoil, etc.); providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, DIVISIONS 1, 4 4 AND 5, ADDING DEFINITIONS AND REQUIREMENTS AND AMENDING EXISTING SOLID WASTE REQUIREMENTS WITHIN CERTAIN ZONING CLASSIFICATIONS

Chairman Voltz called for the first public hearing to consider an ordinance amending Chapter 62, Article VI, to add definitions and requirements and amend existing solid waste requirements within certain zoning classifications.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to move ordinance amending Chapter 62, Article VI, Divisions 1, 4 and 5, to add definitions and requirements and amend existing solid waste requirements within certain zoning classifications to the second and final public hearing on January 29, 1998. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT REGULATIONS FOR PRIVATE HELIPORTS

Chairman Voltz called for the public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, to provide for private heliports.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to move ordinance amending Chapter 62, Land Development Regulations, to provide for private heliports, to the second and final public hearing on January 29, 1998. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 9:26 p.m.

HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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