The Board of County Commissioners of Brevard County, Florida, met in regular session on June 26, 1997, at 5:30 p.m. in the Government Center Commission Room, Building C, 2575 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, Community Development Administrator Peggy Busacca, and Assistant County Attorney Eden Bentley.

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

APPEAL HEARING, RE: TERMINATION OF AGREEMENT WITH TEMPORARY LIVING CENTER

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table appeal hearing for termination of Agreement with Temporary Living Center (TLC) to the July 24, 1997 meeting, as requested by TLC. Motion carried and ordered unanimously.

DISCUSSION, RE: CANVASSING BOARD FOR SUNTREE ELECTION

Commissioner Cook stated July 15, 1997 is a night Board meeting; it is also the night he will be canvassing the Suntree election; and inquired if the Board wants to change the meeting for a different day.

Commissioner Higgs stated the Board has scheduled the airport issues and restoration of the scrub at Valkaria; both of those items have been hotly debated and discussed; and inquired if the Board can appoint someone else other than Commissioner Cook. Commissioner Cook stated the Statute says a county commissioner, judge, and supervisor of elections; and he is not sure if he can delegate it.

Assistant County Attorney Eden Bentley stated staff will check to see if someone else can serve for Commissioner Cook. Commissioner Cook stated it is a small election; perhaps it can be counted quickly; if so, he will not miss much of the meeting; and he will check into it. He stated he is uncomfortable delegating that authority out of the County Commission. Commissioner Scarborough stated it is an important function and should not be delegated.

REPORT, RE: TRAVEL OF CHAIRMAN RANDY O'BRIEN

Chairman O'Brien stated on July 1, 1997, he may not be able to attend the Board meeting; he may be in Huntington, California with Congressman Weldon, Representative Ball, and the Team for EDC and Enterprise Florida to talk with McDonnell-Douglas; and hopefully they will have good success.

Commissioner Cook stated Chairman O'Brien's participation is extremely important in this project. Chairman O'Brien noted it could mean 3,000 new jobs in Brevard County; and it is very important.

APPROVAL, RE: ANNUAL CERTIFICATION OF LOCAL OPTION GAS TAX FORMULA

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to certify the revenue percentage allocations for annual certification of the Local Option Gas Tax Formula; and direct the Finance Director to submit the allocations to the Department of Revenue by July 1, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING (P&Z) BOARD RECOMMENDATIONS OF MAY 5, 1997, ITEM 6 - RONALD DIMENNA

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

Item 6. Ronald E. Dimenna's request for change from SR to SR with a Binding Development Plan on 21.24 acres located on the south side of North Tropical Trail, west of Colony Park Drive, which was approved by the P&Z Board with a Binding Development Plan as voluntarily submitted by the applicant.

Chairman O'Brien stated he discussed the item with owners of the adjacent property and Chuck Maxwell discussed it with Attorney Kirschenbaum; there are serious problems with flooding in the area; further ideas are forthcoming to help offset the possibility that the development would increase flooding on North Merritt Island; and requested the item be tabled.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 6 to the August 21, 1997 Board of County Commissioners' meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING (P&Z) BOARD RECOMMENDATIONS OF JUNE 2, 1997, ITEMS 1 AND 2

Chairman O'Brien called for the public hearing to consider the Planning and Zoning (P&Z) Board recommendations of June 2, 1997, as follows:

Item 1. Louis C. Morehead, III's request for Small Scale Comprehensive Plan Amendment from Residential to Mixed Use, and zoning change from AU to BU-1 on .19? acre located east of I-95, north of Department of Transportation rest area at Port St. John, which the LPA and Port St. John Dependent Special District Board approved Small Scale Plan Amendment from residential to mixed use, and zoning change to BU-1 with Binding Development Plan limiting use to a billboard only.

Attorney Leonard Spielvogel, representing the applicant, advised the request is for a Small Scale Plan Amendment from residential to mixed use, and rezoning from AU to BU-1; and identified the parcel on the map. He stated the parcel is 70 feet by 120 feet and located on I-95 at the north end of the Port St. John rest area. He stated ordinarily, BU-1 requires 75 by 100 feet, but the site only has 70 feet; they went before the Board of Adjustment on May 21, 1997 and explained the situation; and they received a variance. He noted they increased the length to 120 feet to more than compensate for square footage which would ordinarily be required for the BU-1 classification; his client hopes to put a billboard on the site; and that is the reason for the request. Attorney Spielvogel stated on June 2, 1997, they went before the Local Planning Agency (LPA) seeking its recommendation for approval of a Small Scale Plan Amendment from residential to mixed use; that request was granted unanimously; on June 4, 1997, they went before the Port St. John Dependent Special District Board and requested approval; and that Board unanimously recommended approval of the request. He noted they are requesting the highest and best use for the parcel; theoretically, they could ask for RU-1-7 or RU-1-9; but it would not make a lot of sense to ask for a residence at the north end of the rest area. Attorney Spielvogel stated they met with the adjacent property owner, Mr. Nero; they were concerned about the impact the use would have on the adjacent property owner; and Mr. Nero is present to speak to the subject today. He noted they have worked out an arrangement with Mr. Nero; the applicant is going to buy the trees and plant them; Mr. Nero prefers that all the trees be put on his side of the property line, and he will water them; and he is pleased they were able to resolve the concerns of the adjacent property owner. He stated a letter was received by the Board from the Port St. John Homeowners Association expressing concern that BU-1 had a lot of uses that could conceivably be detrimental to the neighborhood; so the property owner will enter into a Binding Development Plan precluding BU-1 permitted or conditional uses on the site, other than a billboard location. He noted he is pleased that the letter dated June 21, 1997 from the Zoning Committee states it is not disturbed by the requested use of the property, especially considering the property's location and access restrictions. Attorney Spielvogel stated the Committee had other concerns about billboards required to be located in BU-1, BU-2 or IU uses; but that is something the Board needs to look at and decide whether it makes good zoning sense. He noted the Binding Development Plan will also bind the applicant to all other requirements of law; there are certain obligations imposed on billboards, interstates or major arterials dealing with distance requirements; all of that will be obligatory; and nothing they are requesting would serve to waive any obligations.

Commissioner Higgs inquired how long has the client owned the parcel; with Attorney Spielvogel responding since October 19, 1992. Commissioner Higgs inquired have the regulations in regard to billboards changed since 1992; with Zoning Official Rick Enos responding negatively.

Anthony Nero advised of his support for the request.

Commissioner Scarborough stated the Port St. John Advisory Board recommended approval with a Binding Development Plan limiting the use to a billboard; Attorney Spielvogel referenced the need to get a variance for the billboard; and inquired what does Attorney Spielvogel see as a solution if they do not get the variance, because they will have a piece of property with limited use for a billboard; and it will have to be administratively rezoned back. Attorney Spielvogel stated they already have the variance. Commissioner Scarborough noted that is not what he has been advised; and the proximity to other signs will require a variance. Attorney Spielvogel noted he was under the impression that Commissioner Scarborough was referring to the parcel size; with Commissioner Scarborough responding he was referring to the variance as far as proximity to other signs. Commissioner Scarborough stated if the applicant does not grant a variance, the property will not have usage; he is not saying that is going to happen; but if it happens, they have to bring it back to the Board and rezone it again, because it cannot, under the law, have a parcel of property that has no usage; and inquired if Attorney Spielvogel has a recommended solution.

Attorney Spielvogel stated he is not aware of the procedure for seeking a variance from other signs; there are State and federal laws that require certain distances be observed between signs on interstates; and if those requirements are not met, a sign cannot be put up. Commissioner Scarborough stated Brevard County's Board of Adjustment would hear the issue whether a sign could go on that location.

Assistant County Attorney Eden Bentley stated the County's Sign Ordinance requires a certain distance between billboards; and this location is too close to another billboard. Attorney Spielvogel stated the State requires a 1,500-foot distance; they need a State permit in order to put up a billboard; and both State and local laws have to be complied with. Commissioner Scarborough stated if the applicant does not get the permit, they would have to bring this parcel back to the Board to reverse the action; with Attorney Spielvogel responding not necessarily. Attorney Spielvogel stated they have a Binding Development Plan; and they can reach some agreement that if it is not accomplished within a certain period of time, then it unravels, instead of imposing on the Board's time to go through the whole process. Commissioner Scarborough stated Attorney Bentley is uncomfortable with a conditional action where it occurs upon getting a permit; and she prefers bringing it back as an administrative rezoning.

Commissioner Cook stated he was advised that there is no way to put a billboard on this property without a variance; and by passing this zoning, it puts a burden on the Board of Adjustment.

Attorney Spielvogel stated he did not know they were going to get into a discussion of distances; but he is prepared to draft into the Binding Development Plan that the project is bound by all rules and regulations, and that it be no presumption that there was an intention upon the Board to do anything more than grant the request that come before it in an official manner, so that nobody gets the idea that the Board is sending a message to go ahead and approve this; and that is not fair and it is not part of his presentation.

Commissioner Cook stated if the Board approves this, it is saying that it has no objection to the billboard being there; he was advised by staff that there is no way to put a billboard there except with a variance; so the Board is violating its Code of the 1,500-foot separation of billboards; and that is the dilemma.

Commissioner Scarborough stated it was suggested to him to allow them to proceed with a variance; and if the Board denies the item, it is sending a message that it does not want a billboard there.

Commissioner Higgs stated when looking at the policies in the Comprehensive Plan in regard to location of BU-1 zoning, it does not meet the criteria in Policy 4.1 which says it must be at collector/ arterial intersections; and from the testimony she has heard, it was purchased in 1992, and the law has not changed in regard to the requirements. She noted the zoning has been AU all along; the requirement on where billboards may go has not changed either; the Comprehensive Plan has been in effect; so there is no reason to approve the BU-1 zoning in this situation. Commissioner Higgs stated it is in conflict with the Comprehensive Plan; and she cannot support the request.

Commissioner Voltz stated this is the first she has heard that there is a problem with the distance; if a billboard is going to be put anywhere, I-95 is the best place to put them; if the Board grants the zoning and he gets turned down for the variance, he is not going to get it anyway, so it does not matter; and she will support the request.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to overrule the LPA and PSJ Board and deny Small Scale Plan Amendment from residential to mixed use for Item 1. Motion carried and ordered; Commissioner Voltz voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to overrule the PSJ Board recommendation and deny rezoning from AU to BU-1 for Item 1.

Commissioner Higgs inquired if Attorney Spielvogel had his five-minute rebuttal at the end; with Chairman O'Brien responding Attorney Spielvogel actually received 12 minutes. Attorney Spielvogel stated it is frustrating when statements are made and someone cannot respond to clarify some of them; and he does not know if it is the fair way to handle it. Commissioner Cook stated the Board has procedures it needs to follow; and he does not have an objection to giving Attorney Spielvogel a one-minute summation. Commissioner Scarborough stated he does not want to get into an extended argument. Attorney Spielvogel stated they went through a number of hearings; all the boards were satisfied with the explanation given; none of those boards felt they were going to be prejudiced by allowing the applicant to move forward and come before the Board for consideration; and the fact that it is not at an intersection precludes all billboards on I-95, as there are no intersections there. He noted he was told by Mr. Beach that one of the billboards is in the County right-of-way; he does not know if the other one is licensed; and before the County decides that this one is improper, it should determine whether or not the other billboards are valid. He noted the Board is taking away an opportunity from his client and saying the whole route they followed was for naught; and he is frustrated by that.

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

Item 2. Romar Homes, Inc., and RJM Investments, Inc.'s request for change from BU-1 with a Binding Development Plan to BU-1 with no Binding Development Plan on .55 acre located on the southeast corner of Fay Boulevard and Haverhill Road, which had no recommendation from the Port St. John Dependent Special District Board.

Lewis Estep, representing the applicant, stated Romar Homes has a model home on Fay Boulevard; it would like to get the zoning changed to BU-1 without restrictions; and showed an aerial photograph of other businesses in proximity to the property.

Joe Shinpaugh stated he represents Jackie Wade and Pam Fairburn; and advised of their support for the request.

Commissioner Scarborough stated RP or BU-1-A would be more in line with what would be acceptable in the area; and inquired if Romar Homes is willing to look at RP or BU-1-A as an option. Mr. Estep stated RP zoning will be fine.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Residential Professional (RP) zoning as agreed to by the applicant's representative for Item 2. Motion carried and ordered unanimously.

Item 3. Zoning Official's Report. No report.

Chairman O'Brien called for the public hearing to consider the Planning and Zoning (P&Z) Board recommendations of June 2, 1997, as follows:

Item 1. William F. and Barbara J. Hoffman's request for change from RU-2-15 to BU-1 on .058 acre located on the southwest corner of Burns Boulevard and Francis Joseph Avenue, which was approved by the P&Z Board.

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

Item 2. Forrest and Sylvia O. Cobb Trust's request for expansion of Mixed Use District and change from AU to BU-2 on 3.4 acres located on the north side of U.S. 192, west of Wickham Road, which the LPA approved 150 feet Mixed Use District expansion, and the P&Z Board had no recommendation.

Commissioner Higgs stated she had a discussion with Mr. Cobb and his son, Jeff, pertaining to various alternatives and options concerning the item.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table Item 2 to the July 24, 1997 Board of County Commissioners' meeting. Motion carried and ordered unanimously.

Item 3. Cecil J. Anastasio, Sandra L. Anastasio, Betty J. Anastasio Trust, Cecil Anastasio Trustee, Vicky Curry a/k/a Vickie G. Curry, Walter Platt, John S. Platt, c/o Attorney Patric F. Henly, and Cecil R. Platt a/k/a Richard A. Platt's request for change from TU-2 and AU to all AU with CUP for athletic complexes and stadium on 5.17 acres located west of Dike Road, east of I-95, north of U.S. 192, which was approved by the P&Z Board.

Attorney Tino Gonzalez, representing the applicant, stated there is a five-acre parcel which the Platt family is under contract to sell; it is seeking to have 1.17 acre of it rezoned from TU-2 to AU; the remaining four acres is already zoned AU; and if the rezoning is approved, they would like a CUP on all 5.17 acres to accommodate a sports arena and outdoor type rodeo arena where the applicants intend to have the equestrian and 4-H sponsor events, livestock competitions, and high school rodeo. He noted it is consistent with the FLUE and Comprehensive Plan; the proposed request was unanimously approved by the P&Z Board; and requested the County Commission support it. Attorney Gonzalez stated they have contacted most of the owners of the surrounding businesses, including the County Line, Mobil and Speedway gas stations, Waffle House, and Denny's; they do not object to the request; and it is his understanding that Mr. Patel, who owns the hotel down the street, also has no objection.

Larry McGuire stated he is a property owner in the immediate area, and opposes the request; and he has a letter from the owner of Holiday Inn stating his opposition to the request.

He requested the item be tabled to have an opportunity to review the site plan.

Chris Romandetti, owner of the County Line, stated they are not objecting to the proposed development; they concur with what has been presented; but the notices for the hearings were received late by the property owners.

Commissioner Voltz inquired why the adjacent property owners were notified late; with Zoning Official Rick Enos responding the notifications went out after the P&Z Board meeting and it was an in-house problem. Commissioner Voltz inquired how many property owners were there; with Mr. Enos responding 15 property owners were notified. Commissioner Voltz stated since the notifications were sent out late, and the property owners did not have an opportunity to attend the P&Z Board meeting, she would like to table the item for one month.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to table Item 3 to the July 24, 1997 Board of County Commissioners' meeting. Motion carried and ordered unanimously.

Item 4. Paul R. and Anna Millett's request for change from RR-1 to BU-1 on 1 acre located on the east side of Murrell Road, north of Barnes Boulevard, which was approved by the P&Z Board.

Commissioner Cook stated a more compatible zoning for the parcel is BU-1-A.

Ray Craig, representing the applicant, provided exhibits to the Board pertaining to the proposed property. He stated the Klars have a contract to purchase property from Mr. and Mrs. Millett, providing they get the appropriate zoning; the Klars own a piano gift shop and restore antique and historical pianos; and the parcel is designated in the FLUE as mixed use which allows BU-1, BU-1-A, or BU-2. He noted the property on the north side was zoned BU-1-A one or two months ago; that property owner is not opposed to this request for BU-1; and requested the Board support the BU-1 zoning.

Commissioner Cook stated there is a definite pattern of development as BU-1-A; directly across from the property is a residential neighborhood; further north is BU-1-A; and the only BU-1 zone at the present time is located on the corner of a major intersection, Murrell Road and Barnes Boulevard.

Mr. Craig advised the P&Z Board unanimously approved the request; and reiterated his request for approval of the item.

Peggy Klar stated they are trying to locate in the community; the business will grow and be an asset to the community; it is where they would like to have their business; and their reputation is very well known.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to overrule the P&Z Board recommendation and approve BU-1-A. Motion carried and ordered unanimously.

The meeting recessed at 6:57 p.m., and reconvened at 7:15 p.m.

Item 5. Ronald W. and Helen P. Brush's request for change from RU-2-10 to RP on 1.16 acres located on the southeast corner of Bonaventure Drive and U.S. 1, which was approved by the P&Z Board.

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

Item 6. Ronald L. and Diana L. Bryan's request for change from GU to BU-1 on .344 acre located on the south side of Ernest Sands Road, west of U.S. 1, which was approved by the P&Z Board.

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

Item 7. Indian River Colony Club, Inc.'s request for change from PUD to PUD with modification to PDP on 1.63? acres located on the east side of Murrell Road, opposite of Crane Creek Boulevard, which was tabled by the P&Z Board to its July 7, 1997 meeting at the request of staff.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table Item 7 to the July 7, 1997 P&Z Board meeting as recommended. Motion carried and ordered unanimously.

Item 8. Alex E. Brayham's request for change from GU to RR-1 on 5 acres located on the south side of Grant Road, west of Old Dixie Highway, which was approved by the P&Z Board.

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

Item 9. Gunilla B. M. Dorsen and Bengt Adolf et al. Withdrawn.

Item 10. Merritt Island Post 5440 Veterans of Foreign Wars of the United States, Inc.'s request for CUP for alcoholic beverages for on-premises consumption in BU-1 zone on .38 acre located on the south side of Hibiscus Avenue, east of North Tropical Trail, which was tabled by the P&Z Board to its August 4, 1997 meeting.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 10 to the August 4, 1997 P&Z Board meeting as recommended. Motion carried and ordered unanimously.

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

Item 11. Emerald Plaza Development, Inc.'s request for CUP for alcoholic beverages for on-premises consumption in BU-1 zone on 0.1 acre located on the west side of North Courtenay Parkway, south of Queensland Avenue, 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. Richard H. Stottler, Jr. and Thomas E. Wasdin's request for change from RU-2-30 to PUD on 48.7? acres located south of Fortenberry Road and Sykes Creek Parkway intersection, which was approved by the P&Z Board.

Doug Robertson, representing the applicants, stated the request is to rezone the property from its existing zoning of RU-2-30 to PUD; the property is located approximately 500 feet south of Merritt Square; and the property to the south is adjacent to the Cone Road industrial area zoned IU. He noted to the west of the property is a stormwater retention area owned by Brevard County, and to the east is Newfound Harbor. He stated the concept of the PUD is a mixed use senior citizens complex offering a variety of living styles, including an assisted living component; the project will consist of conventional condominium units, assisted living facilities, a skilled nursing facility, and a medical center with a pharmacy and therapy area; and staff review has found the request to be consistent with its land use designation and compatible with surrounding uses. Mr. Robertson stated the P&Z Board unanimously recommended approval of this request; and requested the County Commission's support.

Pat Lynch, representing Merritt Towers, inquired if Fortenberry Road or Sykes Creek will be widened, or will there be traffic lights.

Mr. Robertson stated Fortenberry Road is not on any of the County's five-year plans to be widened; this project would not participate in that road project; and the net result of this zoning is a significant reduction in potential trips that would be generated.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Item 12 as recommended, and direct staff to communicate with St. Johns River Water Management District, that if there is any mitigation of wetlands for the project, it take place on North Merritt Island. Motion carried and ordered unanimously.

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

Item 13. John E. and Glenda E. Vangilder's request for change from GU to RRMH-2.5 on 2.500? acres located at the western terminus of Rose Marie Place, west of Blounts Ridge Road, which was approved by the P&Z Board.

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

Item 14. Anderson Rentals, Inc.'s request for change from AU to BU-2 on 2.57 acres located on the west side of U.S. 1, south of Smyth Drive, which was approved by the P&Z Board as BU-1 on the front 300 feet and BU-2 on the remainder of the property.

William Anderson, applicant, stated they will be constructing a 5,900 square-foot building on the BU-1 property; they have been on the property adjacent to it for approximately 20 years, and never received a complaint; it was rezoned from AU to BU-1 and BU-2; and it has worked excellent for their business. He noted on the new piece of property they are requesting the rezoning, they have a natural barrier across the back of the property; it is about 50 feet wide consisting of pines and Florida vegetation; they are leaving a barrier approximately 30 feet wide on the north side of property which is zoned BU-1; and on the property adjacent to U.S. 1 they will try to leave about a 30-foot barrier. Mr. Anderson requested the Board's approval of the item.

Commissioner Scarborough stated he received a letter from Loyd and Margo Clow; and provided the letter to Mr. Anderson for his review.

Derrick Steinle stated his property is located adjacent to the subject property; he has lived there since 1987; he purchased his property because it was zoned agricultural and residential; and he is concerned about his groundwater and what will go there in the future if the Andersons leave.

Commissioner Scarborough recommended the item be tabled as he can meet with Mr. Anderson and his neighbors and walk the property.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item 14 to the July 24, 1997 Board of County Commissioners' meeting. Motion carried and ordered unanimously.

Item 15. Carlos L. and Sandra J. Springfield's request for change from GU to AGR on 12.6 acres located on the south side of Aurantia Road, directly south of the southern terminus of International Avenue, which was approved by the P&Z Board.

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

Item 16. Administrative Rezoning Request Pursuant to Section 62-1152, Brevard County Zoning Code, for the West Canaveral Groves Study Area. Randy Van Valkenburg and Julia Van Valkenberg et al, current zoning of GU to proposed zoning of ARR.

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

Item 17. Zoning Official's Report. None.

Item 18. Brevard County Board of County Commissioners on its own motion authorized administrative rezoning on which a development order had been submitted initiating a consideration of a change in zoning classification in accordance with the provisions of Future Land Use Element XIII, Policy 10.2, Brevard County Comprehensive Plan as adopted on September 8, 1988, on 14+ acres located on the east side of Simons Avenue, north of S.R. 3, from BU-2 with Binding Site Plan, Use On Review, and Conditional Use Permit for a tower, to PIP, which was tabled by the P&Z Board to its July 7, 1997 as recommended by staff.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item 18 to the July 7, 1997 P&Z Board meeting as recommended. Motion carried and ordered unanimously.

Item 19. Leo and Reba Sigman, Clayton R. and Gloria Dewey, Donald F. and Joan B. Thompson, Derrick F. Doehring, L. R. Westerburg, Helen Kaczuwka, Rachel G. Sandidge, Kenneth and Mary Fields, Marcus Borengasser, Thomas H. and Sheryl Ann Harris, John W. and Frances L. Harrison, James F. and Gradie Mae Gladden, Cecily M. Spinner Henry, W. Raymond Goodson, Donald L. and Lou Harvey Hayes, Mieko S. Fralick, Joseph T. English, Lucien G. Wegner, David K. Grenier, W. O. and Katherine L. Crews, Maude C. Bartolett, Henry and Lucille Symonette, George J. Eck, Frances Louise Smith, Thomas C. (Jr.) and Donna Phillips, James R. and Carol J. Beamer, Robert J. Bennett, Gertrude E. Witmer, Joseph R. and Madelene Lord, K. K. Kennedy, Ruth V. Gerber, David M. and Kemberly G. Van Buren, Larry E. and Nancy M. Greene, Andrew and Tebayane Dearth's request for change from RU-1-7, RU-1-9, BU-1 and RP to BU-2 with specific use for all BU-1 permitted uses and a lumber yard on 17 acres located on the west side of Minton Road, south of U. S. 192, which was approved by the P&Z Board with a Binding Development Plan as voluntarily offered by the applicant.

Attorney Philip Nohrr, representing the applicants, stated the project is Lowe's Home Improvement Center; it was before the Board in August or September, 1996; and the property is located at the intersection of Minton Road and U.S. 192 outside of the corporate limits of West Melbourne. He noted in the location of the proposed site there are approximately 40 homes; they will be buying the entire neighborhood; so the existing 40 homes will be taken out. He stated the existing neighborhood is under considerable stress; they have an opportunity now to move on; and they very much want to do so. Attorney Nohrr stated they have been unable to reach an agreement with Pine Meadows Subdivision; they have done a noise study; and he will enter the supplementary report into the record. He advised they will agree to hook up to sewer when it becomes available, but may need approximately 90 days to submit the Agreement as there are 40 homeowners involved. He stated they hired the firm of Glatting Jackson, and Carey Hayo is present and can make a presentation; she has put in a written report which is included in the Board package; and they do not believe they will be intrusive in the neighborhood. Attorney Nohrr stated it is a $10 million project with 100 employees; and requested the Board's support.

Clayton Dewey, Ruth Gerber, Louis Westerburg, Tebayane Dearth, John Boychuck, Ray Fralick, Robert Bennett, and Fred Mullins, advised of their support for the proposed project; and requested the Board's approval.

Attorney Patrick Healy expressed his opposition to the proposed request.

Attorney Nohrr stated they have met Department of Community Affairs' concerns; they are not intruding into the neighborhood, but taking over the neighborhood; and it is a major project at a major intersection where there is a long-standing community that wants to move on. He noted they are going to improve the drainage; they intend to meet the regulations; Lowe's wants to come to South Brevard; and this is an opportunity to bring a major development into that area.

Commissioner Cook stated his staff met with Attorney Nohrr regarding the item and various issues; Commissioner Voltz stated she also spoke with Attorney Nohrr; and Commissioner Higgs advised she met with Attorney Nohrr and Carey Hayo, and had telephone conversations with Patrick Healy and Perry Coleman.

Discussion ensued regarding the drainage system, Department of Community Affairs (DCA) review, neighborhood compatibility, sidewalks, noise concerns, and sanitary sewer.

Attorney Nohrr noted sidewalks are not an issue for Lowe's and it can include sidewalks.

Commissioner Voltz stated this is a great project; Lowe's has gone overboard in what it is trying to do and being more neighbor friendly; DCA has answered her questions; and she does not see a problem with the project.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve amendment to the Future Land Use Map from residential to Mixed Use District for Item 19. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Item 19 with a Binding Development Plan (BDP) as voluntarily offered by the applicant, including that the applicant will work in good faith to hook up to sanitary sewer, and submit BDP within 90 days. Motion carried and ordered unanimously.

The meeting recessed at 9:02 p.m., and reconvened at 9:23 p.m.

Item 20. Brevard County Board of County Commissioners' request for change from SR to GML on .79 acre located on the west side of Adamson Road, 1.45 miles north of State Road 524, which was approved by the P&Z Board.

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

PUBLIC HEARING, RE: ORDINANCE ASSESSING COURT COSTS TO FUND OPERATION OF THE JUVENILE ASSESSMENT CENTER

Chairman O'Brien called for the public hearing to consider ordinance assessing court costs to fund operation of the Juvenile Assessment Center.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 38, Code of Ordinances of Brevard County, Florida, assessing court costs to fund operation of the Juvenile Assessment Center; providing collection and disbursement procedure; requiring annual accounting; providing severability; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: MIXED USE DISTRICT BOUNDARY EXPANSION REQUEST BY FRONTENAC FLEA MARKET, INC.

Chairman O'Brien called for the public hearing to consider the mixed use district boundary expansion request by Frontenac Flea Market, Inc.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to approve mixed use district boundary expansion request by Frontenac Flea Market, Inc. Motion carried and ordered unanimously.

Item 4. Paul and Anna Millett. (continued)

Paul Millett advised the request was for a change from RR-1 to BU-1, but the Board approved BU-1-A; they requested BU-1 so Mr. Klar can rebuild pianos in his hangar; for the past 18 years he has been rebuilding airplanes there as a hobby; and nobody in the area is opposed to the request. He requested the Board reconsider its decision and approve BU-1 with the stipulation that the Klars only do the work they want to do there.

Commissioner Cook stated the property has gone from residential to commercial use; the whole area is going to be developed as BU-1-A; and he is concerned about keeping the character of the area consistent. Chairman O'Brien recommended Mr. Millett meet with Commissioner Cook.

PUBLIC HEARING, RE: ORDINANCE AMENDING BU-1-A, BU-1 AND BU-2 ZONING CLASSIFICATIONS

Chairman O'Brien called for the public hearing to consider ordinance amending BU-1-A, BU-1 and BU-2 zoning classifications.

Alice Petty requested the County include a builder's administrative office with no outside storage in BU-1-A.

Charles Moehle suggested computer and electronic sales, service and maintenance be included in BU-1-A.

Commissioner Scarborough stated what most people are concerned about are eyesores, traffic, and hours of operation; and the County is concerned about maintaining property values of the neighbor. Commissioner Higgs expressed concern about "and other facilities for research and development" because of the experience the County had with Bombardier; and requested that phrase be deleted.

Discussion ensued regarding computer stores, book stores, residential areas, and performance standards, paint and body shops, parking, restaurants, and occupational licenses.

Mr. Enos suggested adding performance standards to BU-1-A that would apply across the board.

Commissioner Cook stated he owns a piece of commercial property in the County, but has been advised by the County Attorney that he does not have a conflict.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to delete entire line pertaining to research and development on page 5. Motion carried and ordered unanimously.

Commissioner Cook stated the small business people are tired of all the hoops they have to jump through. Commissioner Higgs stated the County has a responsibility to let the business people know up front what the requirements are.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to prepare a report and agenda for a subsequent meeting of various options and categories which could be potential problems within a change of zoning. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to review creation of a program on information that can be disseminated to people who apply for an occupational license. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the ordinance amending BU-1-A, BU-1 and BU-2 zoning classifications lists of permitted uses for consideration at the second public hearing on July 8, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING 96B COMPREHENSIVE PLAN AMENDMENT

Chairman O'Brien called for the public hearing to consider ordinance adopting 96B Comprehensive Plan Amendment.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 62, Article III, of the Code of Ordinances of Brevard County, Florida, entitled "The 1988 Comprehensive Plan", setting forth Plan Amendment 96-B of the Comprehensive Plan; specifically amending Section 62-501 entitled "Contents" Part II; Surface Water Management Element, to clarify staff responsibilities, and Section 62-501, Part XVI, Glossary, to provide a definition for "Greenways", and amending the Future Land Use Map Series; and providing for internal consistency with these Amendments; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date. Motion carried and ordered unanimously.

JOINT PARTICIPATION AGREEMENT WITH FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, RE: REIMBURSEMENT FOR EMERGENCY TRANSPORTATION DURING HURRICANE BERTHA

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Joint Participation Agreement with Florida Commission for the Transportation Disadvantaged for reimbursement for emergency transportation during Hurricane Bertha in the amount of $17,147. Motion carried and ordered unanimously.

BUILDING PERMIT FEES, RE: MCDONNELL DOUGLAS AEROSPACE'S PROPOSED MANUFACTURING PLANT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve reduction of building permit fees in the amount of $150,000 for McDonnell Douglas Aerospace's proposed manufacturing plant. Motion carried and ordered; Commissioner Higgs voted nay.

APPROVAL OF TRAVEL, RE: CHAIRMAN RANDY O'BRIEN

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant permission to travel for Chairman Randy O'Brien to meet with McDonnell Douglas and express the Board's interest and support regarding location of the proposed manufacturing plant in Brevard County. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 10:45 p.m.

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

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