The Board of County Commissioners of Brevard County, Florida, met in regular session on October 3, 1996, at 5:35 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs and Scott Ellis, Assistant to County Manager Peggy Busacca, and Assistant County Attorney Katherine Harasz.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

APPROVAL, RE: SCHEDULE EXECUTIVE SESSION

Assistant County Attorney Katherine Harasz requested an executive session on October 10, 1996 at 4:30 p.m. to discuss the Pinter v. Brevard County case.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize scheduling an executive session on October 10, 1996 at 4:30 p.m. to discuss the Pinter v. Brevard County case. Motion carried and ordered unanimously.

REPORT, RE: DEDICATION OF THE JOHN HURDLE BRIDGE

Commissioner O?Brien reported on the dedication of the John Hurdle Bridge.

DISCUSSION, RE: RESCHEDULING ITEM

Commissioner Ellis inquired about the letter from Mr. Nohrr requesting a previously continued item be rescheduled from October 8 to October 28, 1996 at 5:30 p.m. Chairman Cook advised Mr. Nohrr is working with the surrounding landowners. Discussion ensued on notification of people on Avenues B, C, and D and on Feast Road. The Board announced its intention to continue the public hearing to consider the Lowes land use change on October 8, 1996 to October 28, 1996.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF JULY 1 AND AUGUST 5, 1996, ITEMS 38 AND 8

Chairman Cook called for the public hearing to consider the Planning and Zoning Board recommendations of July 1 and August 5, 1996, Items 38 and 8 as follows:

Item 38. Jimmy J. Messer and Kyriaco J. Lagges? request for a CUP for a Convenience Store with Gasoline Sales in a BU-1-A zone on 1.32 acres located on the northwest corner of Canaveral Groves Boulevard and Grissom Parkway, which was denied by the Planning and Zoning Board.

Commissioner Scarborough requested the agreement be reviewed by the Zoning staff. Zoning Official Rick Enos advised of meetings between the applicant and the Canaveral Groves Homeowners Association; stated the applicant submitted a Binding Development Plan; and outlined the provisions of the BDP specifying building motif, landscape buffer and fence on the west property line, natural vegetation buffer, lighting, store operating hours, signs, pay telephones, canopy over gas pumps, number of gas pump islands, information sign and entrance feature, and review of site plan by homeowners committee. Assistant County Attorney Katherine Harasz recommended a number of changes to the proposed agreement. Mr. Enos advised the Binding Development Plan provisions are enforceable.

Commissioner O?Brien expressed approval of the limited hours; and inquired what will happen if another store moves in that is open 24 hours a day. Mr. Enos stated this is a stipulation on a zoning action which can be changed by further zoning actions; and explained the process.

Frank Griffith, representing the applicant, advised the project is consistent with the future land use designation and meets the criteria for Conditional Use Permit. He submitted the Binding Development Plan with pictures.

Doug Robertson advised of meetings with the homeowners and citizens committee and development of the Binding Development Plan. He submitted photographs of the project.

Pat Broaddus and Joseph Stadnik expressed approval of the project; and requested the roads be improved to provide turn lanes. Mr. Enos advised improvements required by the site plan will be addressed at that time. Mr. Stadnik inquired about funding; with Commissioner Scarborough responding what is impacted by development is paid for by development, and the improvements must be made before the certificate of occupancy.

Conley Jordan advised of his opposition to the project; and expressed concern about safety factors. John Wald advised of his opposition to the project; and expressed concern about the pay telephones and traffic. Commissioner Scarborough advised the County will be looking to the developer to make the traffic lanes safe and reduce traffic. Discussion ensued on the traffic issue.

Linda Streetman expressed opposition to the project.

Discussion ensued on location of pay phones, use of phones by prisoners, signage, prisoners walking through neighborhoods, limited store hours, distance between the jail and convenience stores, and crime rates. Mr. Enos suggested having the phone bank outside with some means of closing and locking them. Discussion continued on location of the phone bank. Mr. Griffith indicated the applicant is willing to do as the Board directs. Commissioner Scarborough recommended leaving the number of phones inside up to the applicant with no phones outside.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to overrule the Planning and Zoning Board to approve Item 38 with Binding Development Agreement providing for motif, landscaping, low sodium lighting, 5:00 a.m. to 11:00 p.m. operating hours, and sign size, with Item 6 amended to provide that there will be no phones installed outside the building, and include revisions by the Assistant County Attorney, including physical descriptions instead of pictures, Code to prevail if more stringent, and public comments invited at the site plan stage, but not obligating the County to approve or deny the site plan.

Commissioner Higgs advised there are still issues being raised in terms of compatibility of the CUP with the neighborhood.

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

Item 8. Michael and Dorothy N. Quatraro?s request for change from AU to RR-1 on 1 acre located on the south side of Mt. Pleasant Avenue, approximately 450 feet west of Main Street, which was approved by the Planning and Zoning Board.

Commissioner Higgs inquired if the item went to the Board of Adjustment for a variance; with Mr. Enos responding a related item went to the Board of Adjustment; the applicant did not attend the meeting; and the variance was denied. Mr. Enos advised the house has since burned to the ground. Commissioner Higgs inquired about the house size; with Mr. Enos responding minimum 1,200 square feet.

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

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF SEPTEMBER 9, 1996

Chairman Cook called for the public hearing to consider the Planning and Zoning recommendations of September 9, 1996, as follows:

Item 1. Mary B. and Jerry J. Pezzeminti, Jr., Trustee?s request for Expansion of Mixed Use District and change from AU to BU-1 on 2.6 acres located on the north side of U.S. 1, approximately 0.7 mile west of Wickham Road, which was approved by the LPA and Planning and Zoning Board.

Commissioner Higgs inquired about the depth of the property; with Stewart Capps, representing the applicant, responding the expanded depth is consistent with the other developments in the area.

Discussion ensued on the depth of the expansion, the depth of other properties in the area, zoning and mixed use information about adjacent parcels, consistency with the Future Land Use Map, changing the established lines, description of surrounding properties, and whether similar action will have to be taken for surrounding properties.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve Item 1 as recommended by the LPA and Planning and Zoning Board. Motion carried and ordered unanimously.

Commissioner Higgs inquired if staff will look at the inconsistent zoning and land uses in the area; with Mr. Enos responding the Board will be looking at that in the small area planning process.

Item 2. Errorhead, Inc., a Florida Corporation?s request for a CUP for Towers and Antennae (up to 300 feet) in GU and AU zones on 92.5 acres located at the southernmost terminus of Ranch Road, which was approved by the Planning and Zoning Board.

Mary Hansen, attorney for the applicant, advised she is present to respond to questions.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve Item 2 as recommended. Motion carried and ordered unanimously.

Item 10. Robert Woodhouse and Glenn D. Goodwin?s request for a CUP for Towers and Antennae in a GU zone on 5 acres located approximately 0.19 mile east of Adamson Road, approximately ? mile south of Sorrel Drive, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 10 as recommended.

Chairman Cook inquired about criteria for antennae; with Mr. Enos responding staff will bring back a report as other applications are anticipated. Ms. Hansen advised of a workshop on the Telecommunications Act and tower siting requirements.

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

Item. 3 Farideh Radfar?s request for a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 zone on 0.17 acre located on the west side of S.R. A1A, 530 feet south of Berkeley Street, which was approved by the Planning and Zoning Board.

Chairman Cook requested the approval be limited to a restaurant. Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 3, limited to a restaurant. Motion carried and ordered unanimously.

Item 4. Pineda Crossing Corporation, a Florida Corporation?s request for change from PUD to BU-1 on 25.8 acres located on the west side of Wickham Road, approximately 100 feet north of Pineda Crossing Drive, which was tabled by the Planning and Zoning Board to its October 7, 1996 meeting, as agreed to by the applicant, with waiver of reprocessing fee.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table Item 4 to the October 7, 1996 P&Z meeting as recommended. Motion carried and ordered unanimously.

Item 5. Pineda Crossing Corporation, a Florida Corporation?s request for change from PUD to RU-1-7 on 114.83 acres located approximately 500 feet west of and 150 feet north of Pineda Crossing Drive, which was approved by the Planning and Zoning Board.

Doug Robertson, representing the owner, described the property and its location; and advised of its compatibility. He assured the access for the subdivision will be from Wickham Road, and not through Pineda Crossing.

Commissioner Higgs inquired if the access assurance is binding; with Mr. Robertson responding the PDP for Pineda Crossing does not allow access. Commissioner Higgs advised of a letter from Pineda Plaza concerning problems from the potential extension of the Pineda Causeway. Chairman Cook inquired about notification to potential buyers. Mr. Robertson agreed to notification as part of the contract for the northern tiers of lots. Commissioner Higgs requested the upper western corner be included; with Chairman Cook advising that can be included. Mr. Robertson advised the project can be limited to 400 units. Chairman Cook requested minimum lot and house size; with Mr. Robertson agreeing to minimum lot size of 6,500 square feet and house size of 1,350 square feet. Discussion ensued on the house and lot sizes and adjacent lot sizes. Commissioner Higgs requested Mr. Robertson acknowledge awareness that development could be significantly limited by wetland regulations; with Mr. Robertson acknowledging the developer will abide by all wetland requirements.

Ana Campbell and Julia Coccovizzo expressed concern about access to the new subdivision.

Carmen Reyes expressed concern about the lot sizes and access in the new subdivision. She inquired about Item 4; with Mr. Robertson explaining it would be for commercial use, but Item 5 is totally residential.

Bill Joy expressed concern about notification of residents. Mr. Enos advised of the policy for notification. Chairman Cook assured if there is any proposal for access through Pineda Crossing, there will be notification of the residents. Discussion ensued on who will be notified. Chairman Cook advised residents present at this meeting will be notified in addition to those residents within 500 feet. Mr. Joy expressed desire for buffering; with Mr. Robertson agreeing to 75-foot lots adjacent to those in Pineda Crossing.

Pete Rudden expressed concern about the proposed development being inconsistent with Pineda Crossing. Staff clarified the difference between the PUD and the RU-1-7 zoning.

Discussion ensued on the expired PUD, zero lot line parcels and multi-family parcels in Pineda Crossing, preservation of wetlands, why item 4 was tabled, notification, and timetable for the project.

Commissioner Higgs advised she spoke with Mr. Moynahan regarding another parcel, but did not discuss the rezoning. Chairman Cook advised Mr. Moynahan contacted his office as well, but he did not discuss the issue with him.

A resident inquired if wildlife which cannot be moved is discovered on the property, will the development be stopped. Mr. Robertson advised of actions taken on Pineda Crossing; and stated the same thing will be done to protect the environmentally sensitive areas and habitat for the endangered species on the new project.

Mr. Rudden inquired about hunting leases on the properties. Discussion ensued on dangers to threatened species, illegal activities, and where to report such activities.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 5 with a Binding Development Plan providing for 7,500 square-foot lots on the south tier of lots that back up to 75-foot wide lots, 1,350 square-foot minimum house size, no more than 400 homes, and notification to all buyers on the north property line of the proposed Pineda Extension; and direct staff to notify all property owners who submitted speaker cards in addition to standard notification, in the event there is application to change the Binding Development Plan for access through Pineda Crossing Subdivision. Motion carried and ordered unanimously.

The meeting recessed at 7:25 p.m. and reconvened at 7:40 p.m.

Item 6. Emerson Lee Dougherty, as Personal Representative?s request for a CUP for a Church in an EU zone on 1.18 acres located on the north side of LaSalle Lane, approximately 270 feet east of South Tropical Trail, which was approved by the Planning and Zoning Board.

Attorney Jerry Jester, representing Faith Presbyterian Church, advised the church is attempting to buy the property from Mr. Dougherty.

Commissioner O?Brien advised he spoke to Russell Dougherty previously.

Russell Dougherty, representing property owners on the north side of Lasalle Lane, expressed opposition to the request based on lack of access and traffic concerns.

Mr. Jester advised of alternate access. Mr. Enos advised of conditions the Board could add to the approval that would address the impact. Mr. Dougherty expressed concerns about lighting.

Mrs. Dougherty advised of drainage problems; and requested a retention pond be required to curtail flooding and buffer the noise.

Mr. Jester advised the problems existed before the Church bought the property; and the lighted sign is permitted.

Discussion ensued on limiting hours for the lighting, prohibiting access through Lasalle Lane, shielding the lighted sign on Tropical Trail, reducing wattage on the lighted sign, directing drainage to church property to avoid flooding adjacent properties, and buffering. Mr. Enos advised of retention, setback, and lighting requirements.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to approve Item 6 with no access to the dirt road known as Lasalle Lane, all drainage to be onsite, light on South Tropical Trail to be shielded or wattage reduced, and lighting to be on a time limited to reasonable hours. Motion carried and ordered unanimously.

Item 7. Faith Presbyterian Church (Associate Reformed Synod) of Brevard County, Florida, Inc., a Florida not-for-profit corporation?s request for a CUP for a Security Mobile Home in an EU zone (currently having an SUP for a Church) on 4.10 acres located on the east side of South Tropical Trail, approximately 250 feet north of Hidden Creek Drive, which was approved for two years with one administrative renewal by the Planning and Zoning Board.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Item 7 for two years plus one year with no administrative renewals. Motion carried and ordered unanimously.

Item 8. A. Brooks and Lavina H. Humphrys? request for change from AU to EU-2 with a Binding Development Plan limiting density to 130 units overall on 120 acres located on both sides of North Tropical Trail, north of Porcher Road, which was approved with Binding Development Plan by the Planning and Zoning Board.

Commissioner O?Brien advised he spoke with Mr. and Mrs. Gill about their concerns, and they have been addressed.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to approve Item 8 with Binding Development Plan as recommended. Commissioner Scarborough advised he previously represented Mr. and Mrs. Humphrys on the property in question, but has not represented them in the last three years, and has no conflict of interest.

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

Item 9. George R. and Derinda N. Clark?s request for a CUP for Towers and Antennae in a GU zone on 9.40 acres located one mile west of I-95, approximately 1/4 mile south of State Road 50, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 9 as recommended.

B. B. Nelson advised of the location of the antenna; and spoke in support of replacing telephone poles with antennae.

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

Item 12. Barbara L. Culbreth?s request for change from GU to ARR on 1.01 acres located on the north side of Olkowski Avenue, approximately 430 feet east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

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

PUBLIC HEARING, RE: ADMINISTRATIVE REZONINGS OF WEST CANAVERAL GROVES STUDY AREA

Chairman Cook called for the public hearing to consider administrative rezonings in the West Canaveral Groves Study Area, as follows:

Item 1. Parcel ID Number 24 351701, Block 22, Lot 22 from GU to ARR, owned by Kenneth R. and Barbara C. Wheeler, and approved by the Planning and Zoning 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. Parcel ID Number 24 352901, Block 7, Lots 9 and 10, from AU to ARR, owned by John L. Whitney, which was approved by the Planning and Zoning 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. Parcel ID Number 24 352001, Block 24, Lot 9, from GU to ARR, owned by Walter D. Deer, III, which was approved by the Planning and Zoning Board.

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

Item 4. Parcel ID Number 24 352001, Block 15, Lot 20, from RRMH-1 to ARR, owned by Gail Flowers Deluccie, which was approved by the Planning and Zoning Board.

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

Item 5. Parcel ID Number 24 351701, Block 12.A, Lots 6, 7 and 8, from GU and RRMH-1 to ARR, owned by Williams W. Jones, which was approved by the Planning and Zoning Board.

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

Item 6. Parcel ID Number 24 352001, Block 23, Lots 1 and 2, from GU to ARR, owned by Freda and Albert Van Valkenburg, which was approved by the Planning and Zoning Board.

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

Item 7. Parcel ID Number 24 352001, Block 21, Lot 15, from RRMH-1 to ARR, owned by Anne Brown, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 7 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 8. Parcel ID Number 24 352001, Block 19, Lot 5, from RRMH-1 to ARR, owned by Claude and Louise Velleneuve, which was approved by the Planning and Zoning Board.

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

Item 9. Parcel ID Number 24 351701, Block 23, Lot 5, from RRMH-1 to ARR, owned by Joseph Nilan, which was approved by the Planning and Zoning Board.

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

Item 10. Parcel ID Number 24 352001, Block 4, Lot 17 and Block 18.A, Lot 11, from GU and RRMH-1 to ARR, owned by Bradford A. Gregory, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 10 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 11. Parcel ID Number 24 352901, Block 14, Lot 5, from GU to ARR, owned by Shirley B. and James L. Zimmerley, which was approved by the Planning and Zoning Board.

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

Item 12. Parcel ID Number 24 352001, Block 15, Lot 12, from GU to ARR, owned by James P. Quinlivan, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 12 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 13. Parcel ID Number 24 352001, Block 19, Lot 6, from RRMH-1 to ARR, owned by Leonard A. Labombard, which was approved by the Planning and Zoning 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. Parcel ID Number 24 352901, Block 5, Lot 11, from RRMH-1 to ARR, owned by Harold G. and Emma J. Beard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 14 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 15. Parcel ID Number 24 352001, Block 17, Lot 24, from GU to ARR, owned by Sandra Durney, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 15 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 16. Parcel ID Number 24 352901, Block 18, Lots 1, 2, and 3, from AU to ARR, owned by Arthur D. and Elaine Clark, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 16 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 17. Parcel ID Number 24 352901, Block 13, Lot 5, from AU to ARR, owned by James A. Reynolds, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 17 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 18. Parcel ID Number 24 351701, Block 12, Lot 7, from GU to ARR, owned by Roberta C. Cornelius, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 18 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 19. Parcel ID Number 24 352001, Block 15, Lot 10, from RRMH-1 to ARR, owned by Jack B. Bonner, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 19 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 20. Parcel ID Number 24 352001, Block 16, Lots 20 and 21, from RRMH-1 to ARR, owned by Dixie L. and James F. Railey, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 20 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 21. Parcel ID Number 24 352001, Block 16, Lots 11 and 12, from RRMH-1 to ARR, owned by Roy D. and Linda L. Shapley, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 21 as recommended by the P&Z Board. Motion carried and ordered unanimously.

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

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

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

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

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

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

Item 3. Section 3, Township 29, Range 38, Parcel 253, from RU-1-9 to SR, owned by Compass Rose Corp., which was approved by the Planning and Zoning Board.

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

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

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

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Item 5 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

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

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

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Item 7 on the east out parcel as described by metes and bounds, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 8:09 p.m.

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

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