The Board of County Commissioners of Brevard County, Florida, met in regular session on February 26, 1998, at 5:30 p.m., in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, Environmental Services Administrator Stephen Peffer, and Assistant County Attorney Eden Bentley.

The Invocation was given by Commissioner Randy O'Brien.

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

REPORT, RE: TABLING ITEM 10 UNTIL SEPTEMBER 17, 1998

Environmental Services Administrator Stephen Peffer advised of a memorandum requesting Item 10 be tabled until September 17, 1998.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table Item 10, Frankie J. Morgan-Gilliam's request for expansion of the MUD boundary and change of classification from BU-1 to BU-2 on 0.88 acre located on the northeast corner of South Banana River Drive and Worley Avenue, until September 17, 1998 BCC meeting. Motion carried and ordered unanimously.

REPORT, RE: EXECUTIVE SESSION FOR TLC

Assistant County Attorney Eden Bentley advised Mr. Knox received a settlement offer from TLC and would like to request authorization to schedule an executive session on March 10, 1998, at 5:00 p.m.

Commissioner Scarborough inquired if the 10th is an evening meeting; with Chairman Voltz responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the County Attorney to schedule an executive session to discuss TLC's settlement offer on March 10, 1998, at 5:00 p.m. Motion carried and ordered unanimously.

REPORT, RE: TABLING OF ITEMS FOR NO SHOW AT P&Z MEETINGS

Commissioner Higgs advised there was an item tabled because the applicant did not show at the Planning and Zoning meeting; and inquired if it may be better for the applicant for the P&Z Board to act on it with the evidence they have, to move it forward, as it may be a disservice to the applicant to leave it at the P&Z Board level for another month or so. She stated she just wanted to bring that to the Board's attention; but the Board does not have to make a decision tonight. Commissioner Scarborough inquired if the current rule requires the item to be tabled; with Assistant County Attorney Eden Bentley responding there would be no affidavit of posting of the property which is required for the P&Z Board to act. Commissioner Higgs inquired why that notice could not be obtained in advance. Zoning Official Rick Enos advised typically the affidavit is submitted at the hearing because it is convenient, but they can do it anytime before then. Commissioner Scarborough stated Mr. Enos could advise applicants that it is to their advantage to be present at the P&Z meeting, but if they are not and want the matter to proceed, they need to get the affidavit to the P&Z prior to its meeting so it can move forward and keep it in the same time sequence.

Commissioner O'Brien suggested the Board advise the P&Z Board that when an applicant is not present and other paperwork is finished, the Chairman could poll the board and if they are in favor of the change, proceed to act on it; however, if the poll shows it may not pass, they may want to table it and try to straighten it out before going any further, otherwise it will come to the Board as a denial and the applicant did not have a chance to defend his request.

Discussion ensued on denial recommendation because of the applicant's absence, having recommendations from the P&Z Board rather than second-guessing information, applicants not showing up if they think the request will be denied so they can come to the Board to plead their cases, and being fair to the applicant and the public.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Attorney and Zoning Official to return with their thoughts on rezoning applications that are tabled due to no show of the applicants before the next zoning meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: P&Z RECOMMENDATION OF JANUARY 5, 1998

Chairman Voltz called for the public hearing to consider Item 201 which was heard by the Planning and Zoning (P&Z) Board on January 5, 1998, as follows:

Item 201. Gloria Godinez Garcia and William J. Hampton's request for change from AU to RR-1 on 10.4 acres located on the north side of Crisafulli Road, west of SR 3, which was approved by the P&Z Board.

Commissioner O'Brien inquired if the applicant discussed the request with Ms. Aguilar and others to see what their problem is; with Doug Robertson, representing the applicants, responding yes.

Mr. Robertson advised they can offer something that may help; and if not, he can address it after their comments because he wants to know what their comments are. He stated the request is to change the zoning on a ten-acre parcel from AU to RR-1 on West Crisafulli Road; it is consistent with the Future Land Use Element of the Comprehensive Plan, and compatible with surrounding property that is single family in nature; and the P&Z recommended in favor of the request. He stated he would prefer to hear the comments and address them.

Darleen Hunt advised there is serious flooding on some parts of North Merritt Island; and presented pictures of water standing on property and the road 75, 100, 150, and 250 yards away from the property. She stated she realizes the Comprehensive Plan allows one unit per acre, but because of flooding conditions, she requests the Board not grant it until the County can work out the flooding problems. She noted another request was tabled until May, 1998 to work on a solution on where the water will go; and although this request is reasonable, under the current flooding conditions, the Board should not grant it.

Commissioner O'Brien advised he and Ms. Hunt had discussions about the project.

Pam Aguilar, President of North Merritt Island Homeowners Association, advised Ms. Hunt is not alone in her request to have the Board not vote on the item until the flooding problems are resolved. She stated adding density right now is not a good idea; they have 350 members, and there were members who asked that they be represented and their concerns expressed.

Chairman Voltz inquired if Ms. Aguilar is speaking for the Homeowners Association; with Ms. Aguilar responding yes, and there is no government on North Merritt Island so the Homeowners Association represents the 2,400 homesites on North Merritt Island.

Mr. Robertson advised he talked to surrounding property owners, and drainage was their primary concern; and the item was tabled last month because they were anticipating the perceived drainage issue was going to be resolved as a result of the Ron Jon properties to the north resolving their engineering plans for a larger and more dense subdivision. He stated Stan Johnson with Land Development indicated the issue has been resolved from the engineering standpoint and they are waiting for the engineer to complete the plans and bring them in; so he had hoped the problem was taken care of. Mr. Robertson advised they are being held hostage because of the other properties; their property is a ten-acre parcel; they are allowed four units on that acreage at this time; and they are willing to limit the number of lots to six, with the smallest being one acre. He stated he hopes the Board will see that it will not significantly affect the stormwater drainage in that area, that the drainage issue is being resolved, and that a solution has already been agreed upon; and asked the Board positively consider the request.

Commissioner O'Brien inquired if Mr. Robertson reviewed the photographs; with Mr. Robertson responding no. Chairman Voltz stated Mr. Robertson said it was a perceived problem, but there is a lot of flooding in the area. Mr. Robertson agreed there was significant ponding on the road; and offered to agree to tabling the item until they can positively say the issue has been addressed through the engineering plans. Commissioner O'Brien read a report from Stan Johnson stating minor changes for North Tropical Groves Subdivision are needed to comply with engineering requirements, and the engineering plans will be submitted tomorrow. He stated the adjacent properties are owned by the Hunts; they do not want water from the projects flooding their groves; there are solutions; and it is up to the developer to come up with the money to resolve the problems. He stated personal or financial loss should not be sustained by anyone else except those who want to develop the properties, so there must be a resolution to the problem.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table Item 201 until March 26, 1998. Motion carried and ordered unanimously.

Commissioner O'Brien requested Mr. Robertson work with the Hunts so no one will object to the project.

PUBLIC HEARING, RE: PORT ST. JOHN DEPENDENT SPECIAL DISTRICT RECOMMENDATION OF FEBRUARY 4, 1998

Chairman Voltz called for the public hearing to consider the recommendations of the Port St. John Dependent Special District, made at its meeting of February 4, 1998, as follows:

Item 1. Robert J. Robertson and John Batson's request for a Small Scale Plan Amendment 98S.2 that proposes to change the land use designation from Residential to Mixed Use on the Future Land Use Map, and change the classification from GU to BU-1 on 2.99? acres located on the southeast corner of Kings Highway and the FEC Railroad, and west of U.S. 1, which were recommended for approval by the LPA.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Ordinance approving Small Scale Plan Amendment 98S.2, changing the land use designation from Residential to Mixed Use on the Future Land Use Map, and approve change of classification from GU to BU-1 on 2.99? acres located on the southeast corner of Kings Highway, west of U.S. 1. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: P&Z RECOMMENDATIONS OF FEBRUARY 2, 1998

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 February 2, 1998, as follows:

Item 1. Timothy G. and Laurie A. Riley's request for change from BU-1 and RU-1-9 to RU-1-11 on 0.3 acre located on the north side of Fairview Avenue, east of U.S. 1, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 1 as recommended by the P&Z Board.

Commissioner Higgs advised the Board received a status report on West Canaveral Groves; it will be on the Agenda on March 17, 1998; there are problems that need to be resolved; so she cannot support the motion.

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

Item 2. 4 G's of Brevard County, Inc.'s request for change from AU to ARR on 3 acres located on the southwest corner of Dean Avenue and Rattlesnake Way, which was approved by the P&Z Board. Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 2 as recommended by the P&Z Board. Motion carried and ordered; Commissioner Higgs voted nay.

Item 3. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1.27? acres located on the south side of Keydeer Avenue, west of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 4. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1? acre located on the north side of Soggy Bottom Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 5. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1? acre located on the south side of Suntee Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 5 as recommended by the P&Z Board. Motion carried and ordered; Commissioner Higgs voted nay.

Item 6. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 2.52 acres located on the south side of Keydeer Avenue, west of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 7. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1? acre located on the west side of Cody Place, south of Breckinridge Avenue, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 7 as recommended by the P&Z Board. Motion carried and ordered; Commissioner Higgs voted nay.

Item 8. Power Play Properties, Inc.'s request for change from RU-2-10 capped at 6.6 units per acre and AU, to all AU on 15.03 acres located on the east side of Adamson Road, north of SR 524, which was tabled by the P&Z Board to March 2, 1998 with reprocessing fee as applicant failed to appear.

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

Item 9. 4 G's of Brevard County, Inc.'s request for change from AU to ARR on 1.16 acres located on the north side of Breckinridge Avenue, east of Satellite Boulevard, which was tabled by the P&Z Board to March 2, 1998 with reprocessing fee required.

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

Item 10. Frankie J. Morgan-Gilliam's request was tabled earlier in the meeting to September 17, 1998.

Item 11. Cape Kennedy Area Board of Realtors, Inc.'s request for change from BU-1-A to AU on 2.309 acres located west of South Courtenay Parkway, south of Cone Road, and east of South Tropical Trail, which was approved by the P&Z Board.

Commissioner Higgs advised AU requires 2.5 acres to be a legal lot, but the request is for 2.309 acres; with Zoning Official Rick Enos responding there is administrative authority to waive 10% of the lot size which could be 2.25 acres, and the property is 2.309 acres. He noted the applicant also owns the parcel to the west zoned AU, and part of their intent is to add the subject parcel to the parcel to the west. He stated there is a ditch that runs through the property, and they want to run the new property boundary between this AU and the remaining part to the east that will stay BU-1-A on the ditch boundary. Commissioner Higgs inquired if the applicant is committed to combining the properties; with Sue Nisbet Lawrence responding the property adjacent to the subject property is in the ownership of her parents; and it will be in the same use, but it will not be put under the same ownership for estate planning.

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

Item 12. Checker Associates' request for change from RVP to BU-1 on 0.40? acre located on the west side of A1A, north of Ocean Ridge Drive, which was approved by the P&Z Board.

Commissioner Higgs advised she spoke to the representative of the applicant a few minutes before the meeting; some of the uses in BU-1 give her concern in that area; it is an area that goes from BU-1 to a lot of residential; there are a few things in BU-1, if the applicant is willing, that would be more consistent with that area; and there are about ten that she would like to read. She stated since it will be a pet store, she wondered if they wanted to exclude furriers; with Jason Steele, representing the applicant and Dr. William Klien, responding it will be a veterinarian clinic, and he does not have a problem with furriers. Commissioner Higgs read the list of uses as automobile hire, automobile sales and storage, automobile tires and mufflers, minor automobile repairs, motorcycle sales and service, automobile and motorcycle repair, and automobile paint and body work; and Mr. Steele responded he had no problem with those. Commissioner Higgs read outside sale of mobile homes and trailers; and Mr. Steele objected, as the property is located directly in front of a 576-site Recreational Vehicle (RV) Park, and he would not want to eliminate sale of motor homes in the event the Park wanted to buy the property. He stated the BU-1 use has been in existence over 25 years; the intended use is veterinarian clinic; but he cannot restrict his client from being able to sell motor homes in front of a motor home RV park at some point in time.

Commissioner Higgs inquired what are the conditions on the outside sale of mobile homes and trailers; with Mr. Enos responding Section 62-1838 says, "Outside sale of mobile homes may be of new or used mobile homes, but shall not consist of the construction or the manufacture of mobile homes. The enclosed sales office shall be located on the same premises as the mobile homes offered for sale. In the BU-1 zoning classification, the use shall be permitted only in conjunction with an abutting mobile home development." He stated there is no abutting mobile home development at this time. Mr. Steele stated Commissioner Higgs is restricting motor home sales; with Mr. Enos responding she is restricting outside sale of mobile homes as opposed to motor homes. Commissioner Higgs stated it says mobile homes or trailers. Mr. Steele inquired if the sale of motor homes would come under the same classification. Commissioner O'Brien stated the size of the parcel is too small.

Commissioner Higgs continued reading the list including manufacturing, compounding, processing, packaging, storage, treatment, or assembly of the following: electronic assembly, food, beverage, and tobacco products, pottery and figurines, professional scientific photographic optical instruments, and technical and scientific products. Mr. Steele stated that is getting out of hand and he cannot accept any of those. He inquired what would happen if an optician wanted to be there and grind lenses. Commissioner Higgs stated optical is listed as okay, and she is not trying to restrict that. Mr. Steele stated in one of the heaviest districts of BU-1 in the area, it will eliminate a tremendous amount of the capability of free enterprise for Dr. Klien's potential purchase; and optician or ophthalmologist who does manufacturing of lenses would be eliminated. Mr. Enos stated an optician would be a permitted use in BU-1. Commissioner Higgs inquired if that is considered manufacturing, compounding, processing, packaging, etc.; with Mr. Enos responding no, it is not. Mr. Steele stated he will accept it as long as it is on the public record that an optician can go there.

Commissioner Higgs read rental of trucks and trailers; with Mr. Steele objecting in the event they want to rent motor homes in front of the RV park. He stated it would not be in the best interest of his client and the motor home people who live there. Commissioner Higgs inquired if Mr. Steele agrees with everything other than the sale of mobile homes and the truck and trailer rental; with Mr. Steele responding he wants to make sure the sale of mobile homes and the truck and trailer rental, which would be motor home rentals or sales, are not excluded from the BU-1 uses. Commissioner Higgs inquired what are the restrictions on rental of trucks and trailers; with Mr. Enos responding rental of trucks and trailers requires a conditional use permit and is not a permitted use, so they would have to come back for that. He noted it tends to be the U-haul type rentals, and there has to be a paved area where they rent or store the U-hauls on the site.

Commissioner Higgs stated she is willing to make a motion, if Mr. Steele is willing to go with a binding development plan (BDP). Mr. Steele inquired if the BDP is in the event they do not want to leave the building like it is or want to change the usage; with Commissioner Higgs responding no, it is to agree that those uses would not be a part of the rezoning. Mr. Steele stated he will accept Commissioner Higgs' recommendations, but wants to put on the public record that he is very surprised that after 25 years of BU-1 use she would restrict it at all. Commissioner Higgs read the list of uses that would be prohibited on the property; and Mr. Steele replied he had no problem with most of the uses, but questioned if manufacturing of electronic equipment would be prohibited; with Commissioner Higgs responding yes. Mr. Steele stated it is a clean industry that would be an acceptable use, and it would set a bad precedent to say they cannot manufacture electronics on the Space Coast in an enclosed 3,000 square-foot building.

Commissioner Cook advised the Board changed the Code to allow manufacturing in vacant shopping centers where it was prohibited; and he would hate to put a restriction like that on this property. Commissioner Higgs stated the difference is the site has an existing 7-Eleven Store that abuts residential development on at least two sides and an RV park on the back; but she will concede the manufacturing, if they can agree on the others. Mr. Steele stated he has no problem with that.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 12 as BU-1, with a binding development plan (BDP) agreed to by the applicant, that excludes the uses for automobile hire, automobile sales and storage, automobile tires and muffler sales and service, minor automobile repairs, motorcycle sales and service, automobile and motorcycle repairs-major, automobile paint and body work, and motorcycle repairs. Motion carried and ordered unanimously.

Item 13. Charles T. Pishock's request for CUP for towers and antennas in an AU zoning classification on 10 acres located at the western terminus of unimproved 6th Street, which was tabled to April 6, 1998 by the P&Z Board.

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

Item 14. Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning on 7.8? acres located south of Tropical Island Trail, from EU to SEU, which was approved by the P&Z Board.

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

Item 15. Jeanne Caudle's request for CUP for horses and barns in SEU zoning classification on 7.8? acres located on both sides of South Tropical Trail, south of Tropical Island Trail, which was tabled to April 6, 1998 by the P&Z Board.

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

Item 16. The Viera Company's request for change from BU-1 to GML(H) and CUP for additional building height on 2 acres located north-northwest of the corner of Wickham Road and George T. Edwards Drive, which was approved by the P&Z Board.

Commissioner Cook inquired how will the facility look; with Peggy Turner, representing the City of Cocoa, responding it will be a ground storage tank and meet all Viera's architectural comments and recommendations on the design and appearance of the tank, and there will be landscaping. Commissioner Cook inquired if it is like the one on Spyglass; with Ms. Turner responding yes.

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

Chairman Voltz passed the gavel to Vice Chairman Scarborough.

Item 17. Patricia M. Richardson's request for change from RU-1-13 to RP on .37 acre located on the southwest corner of Minton Road and Ellis Drive, which was approved by the P&Z Board.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Item 17 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 18. Zoning Official's Report. None.

Vice Chairman Scarborough passed the gavel to Chairman Voltz.

Items tabled from P&Z Meeting of 1/5/98 and BCC Meeting of 1/29/98

Item 19. Lewis G. Jr. and Mary Ann Rhoades' request for change from RRMH-1 to ARR on 1 acre located on the south side of Eureka Avenue, west of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 19 as recommended by the P&Z Board. Motion carried and ordered; Commissioner Higgs voted nay.

Item 20. Gary Coppola's request for CUP for substantial expansion of pre-existing use in TU-1/20 with pre-existing use and RU-2-4 on 3.9? acres located on the east side of A1A, directly opposite of Amber Place, which was tabled to March 2, 1998 by the P&Z Board.

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

PUBLIC HEARING, RE: ADMINISTRATIVE REZONING OF FEBRUARY 2, 1998

Chairman Voltz called for the public hearing to consider administrative rezoning recommendations of the Planning and Zoning (P&Z) Board made at its public hearing on February 2, 1998, as follows:

Item 1. Section 7, Township 30, Range 39, Parcels 27, 761, Subdivision #75, Block D, Lots 11, 12, and Block E, Lot 15, Parcel 27 owned by (a) Kathryn Clinton Crawford; Parcel 761 owned by (b) F. Donald and Beverly A. Berard; Lots 11 and 12 owned by (c) Ronald W. Simeone; and Lot 15 owned by (d) Salvatore L. Spallone and Ronald Kovnot et al; from BU-1-A portions only to RP, which was approved by the P&Z Board.

Zoning Official Rick Enos advised Item 1.b. and Item 4 were withdrawn by staff with the intent to reschedule them for April, 1998 with the rest of the BU-1-A's in that area. He stated staff wanted to get direction from the Board on the southernmost of the two commercial clusters that have been reduced in size from eight acres to four acres, with half rezoned to GML. He noted Mr. Berard may not speak to his item specifically, but he may be here to speak about the commercial cluster policy.

Commissioner Cook stated General Hollis is in favor of the rezoning.

Don Berard inquired if the item has to go back to the P&Z Board; with Mr. Enos responding the items that are withdrawn would be rescheduled for April, but Mr. Berard could address the commercial clusters. Mr. Berard stated he owns Parcel 761 which has 110 feet of frontage on A1A adjacent to Whitey's Bait and Tackle Shop; and on the other side is a parcel that passed site plan approval for a water safety business. He stated if his property is rezoned from BU-1-A to RP between those two properties, it will be useless because no one would want to build a house between them. Mr. Berard advised the County allocated two commercial clusters north of his property; however, the County and State bought a lot of the property so it is down to four acres. He recommended the commercial cluster be relocated to Whitey's, Mr. Patton's and his properties which have an established commercial character. He read Policy 4-3B stating, "Commercial use may be considered for your property if it is in a commercial development that has an established commercial character to it." He stated he bought the property 18 years ago zoned commercial as part of his asset for retirement.

Commissioner Higgs advised Mr. Berard mentioned Whitey's to the north, and the property to the south which has a site plan filed; however, it is inconsistent with the zoning and the Land Use Plan, and there is no building there. She stated the site plan was for a water safety products mail order business with a residence on the top; so there is a building to the north, but none to the south.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Item 1, a, c and d, as recommended 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. Motion carried and ordered unanimously.

Item 2. Section 7, Township 30, Range 39, Parcels 751 lying east of A1A, 757, and 763. Parcel 751 owned by (a) United States of America; Parcel 757 owned by (b) Florida Internal Improvement Trust Fund/Archie Carr Sea Turtle, and Parcel 763 owned by (c) United States of America Orlando Division, from RU-2-4 and BU-1-A to GML, as approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Item 2 a, b, and c, as approved by the P&Z Board, from RU-2-4 and BU-1-A to GML, as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 3. Section 7, Township 30, Range 37, Parcels 760, 758, 753(Parcel 501), 754(Parcel 500 a.k.a. a six-foot strip of land lying east of A1A, 762, and that part of Government Lot 1 of Section 8 on the east side of A1A as described in ORB 2242, PG 1163, Parcel 778 and Parcel 780, with Parcel 760 owned by (a) W. Ward and Dana Aksomitas; Parcel 758 owned by (b) Anne Slater Trust; Parcels 753 and 754 owned by (c) Joyce B. Hatcher; Parcel 762 owned by (d) Michael E. and Frances M. Botos; Parcel 778 owned by (e) Merrill Lynch Pierce Fenner & Smith, Inc.; and Parcel 780 owned by (f) M. Gordon and Joanne M. Jones, from RU-2-4, RU-1-13, BU-1 and EA to RR-1, excluding EA portions.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Item 3 a, b, c, d, e, and f, as approved by the P&Z Board with the stipulation that future filing fees be waived for property owners with less than one acre if they request rezoning when the right sizing ordinance is adopted. Motion carried and ordered unanimously.

Item 4. 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, and RP on BU-1-A areas excluding EA and GU portions, which was withdrawn by staff to give applicant 60 days to apply for a Comprehensive Plan Amendment; and if not, item will be rescheduled for action.

The Board accepted withdrawal of Item 4.

Commissioner Cook inquired if there were any objections; with Mr. Enos responding there was a letter from Mr. Simeone for 1.c., but he did not appear at the P&Z meeting or this meeting.

Commissioner Higgs inquired if there was a mistake in the advertisement for 3.c.; with Mr. Enos responding he was looking at the original South Beaches Implementation Policy from April, 1994, and there was a question about how to implement some of the rezonings. He noted it stated that BU-1-A zoned parcels that were outside the commercial cluster should be administratively rezoned, but it did not state to what, and staff presumed it to be RP and has been proceeding with that. Mr. Enos stated the second part of the Policy states BU-1 parcels, which is what 3.c. is, that are vacant and outside the mixed use district and neighborhood commercial cluster shall be administratively rezoned to a residential classification; RP is a residential/professional classification; it makes more sense to go to RP; but that is the reason staff erroneously took that to a residential class. He stated they can readvertise it for RP if the Board wants to exclude the BU-1 portion of the parcel in 3.c. Commissioner Higgs stated since it as been advertised as RR-1, went to the P&Z as RR-1, and there is no representative here, it can remain RR-1 unless there is a request from Mr. or Mrs. Hatcher which could be handled administratively. Commissioner Cook inquired if the Hatchers were aware of the change; with Mr. Enos responding they were notified by registered mail.

Commissioner Cook expressed concern with administrative rezoning of property, over the objection of the property owner, that devalues the property. He stated if people buy property at one zoning and the Board rezones it and the rezoning results in devaluation, that is a serious concern.

Commissioner Higgs stated they have gone through most of the rezonings in the South Beaches to make them consistent with the Comprehensive Plan; they used the same principles used in 1992 and 1993; it is almost completed; and it did not devalue property, but increased the value of properties evidenced by the building that has been going on down there. She inquired how many more months are left to complete the entire South Beaches; with Mr. Enos responding staff intends to bring the rest of the BU-1-A's that are outstanding and not developed to the Board in April, and expects to be done with the South Beaches by June, 1998, except for two issues which they have not dealt with yet and are awaiting Board direction on. He stated one issue is right sizing of zoning; nonconforming lots of record are less than one acre in size and have been rezoned to RR-1; the ordinance will allow them to rezone the nonconforming lots to an appropriate zoning classification; they will stay nonconforming lots of record and will not change the number of units they have a right to, but they will have the right setbacks. He noted they expect to bring the ordinance to the Board in April; and as soon as the Board deals with that, they will be able to resume the rezonings on those parcels. Mr. Enos stated the other outstanding issue is existing uses; those are commercial parcels that are developed; and staff needs direction whether to schedule those for administrative rezoning or not. He stated several months ago they brought the issue to the Board as a Comprehensive Plan amendment, but he does not recall what happened. Commissioner Higgs stated the Board looked at the potential throughout the County of the principle involved with that, and what the consequences would be, but it did not have an answer; there are commercial properties that have caused difficulties as neighborhoods have grown up; and the Board is waiting to have the magic answer which it has not seen yet. Mr. Enos commented there is no magic answer. Commissioner Cook stated they are difficult questions because property rights are involved and people have investments in their properties; and his concern is the Foley property the Board rezoned to BU-1 in 1990 and is not taking it back. Commissioner Higgs stated that was prior to the Comprehensive Plan changes that went through in 1992. She inquired if staff will draft options for the Board regarding the southern node; with Mr. Enos responding they can, but he does not want to speak for Mel Scott. He stated they can bring back options in April, when the Board hears the next batch of administrative rezonings, on what to do with the specific uses and with the southernmost cluster. Commissioner Cook inquired if that is the issue the Board could not come to consensus on before; with Mr. Enos responding yes, it is the issue of existing commercial uses. Commissioner Cook stated he is no closer to an answer now than he was then; he does not know the impacts which could be phenomenal; and options will not help him unless he knows the impacts. He suggested the Board defer that issue. Mr. Enos advised staff will return in April with recommendations on what to do with the southernmost cluster and other administrative rezonings that are currently BU-1 and BU-1-A that are vacant properties.

Commissioner Higgs inquired if the nonconforming lots of record will be the only item left to act on; with Mr. Enos responding the right sizing ordinance will come to the Board in April, and depending on what the Board does with it, staff will go back and pick up those lots that were deferred, which could probably be done at one meeting in June. Commissioner Higgs stated the right sizing issue will preserve the zoning for the lot and preserve the right of the property owner so it should not be unpopular. She stated it will just set the setback requirements. Mr. Enos stated the advantage is that it will give a zoning classification for which the lot size was designed so the setbacks will be designed for that lot.

PUBLIC HEARING, RE: ORDINANCE AMENDING EXISTING SOLID WASTE REQUIREMENTS WITHIN CERTAIN ZONING CLASSIFICATIONS

Chairman Voltz called for the public hearing to consider an ordinance amending Chapter 62, Article VI, Divisions 1, 4 and 5, specifically adding definitions and requirements and amending existing Solid Waste Requirements within certain zoning classifications.

Commissioner Scarborough advised Section 62-1921 of the ordinance states sites are to be located on certain roadways; he does not want them on roads that have light traffic; and recommended removal of "collector." He stated the ordinance states, "or be located within areas designated by the Comprehensive Plan as heavy or light industrial"; that is not what the Board is trying to accomplish; they can ingress and egress through areas designated heavy or light industrial; and he would prefer to have access through industrial areas and not require the location of a facility in industrial areas, as they could be located in AU.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to amend the ordinance to read, "Site shall be located with direct access to roadways designated as: minor arterial or principal arterial roadways, or be located such that access is through areas designated by the Comprehensive Plan as heavy or light industrial." Motion carried and ordered unanimously.

Mr. Enos inquired if the motion applies to all the different sections where that language is; with Commissioner Scarborough responding yes.

Chairman Voltz advised the ordinance requires a minimum setback of 300 feet from all property lines; and inquired how big a parcel does it have to be in order for that to happen. She stated the Board went through that with towers, and somebody needed 92 acres to site a tower which is ridiculous. George Ritchie advised ten acres is 660 feet by 660 feet. Chairman Voltz stated if there is something in the middle of the property, it will not be 300 feet from all property lines. Mr. Ritchie stated they would have to expand beyond the ten-acre minimum. Chairman Voltz inquired how many square feet could a building have on a ten-acre site. Mr. Rabon inquired if the Board is talking about a mulching facility; with Chairman Voltz responding all solid waste facilities. Mr. Rabon stated it varies with the type of facility; mulching facilities have to be 10 to 20 acres, and landfills will be hundreds of acres, so for a mulching facility to have the 300-foot setback from all property lines, it would need at least 20 acres.

Commissioner Cook inquired if an eight-foot wall would be required even in GML zoning classification, and does the County have to go back and install walls at its facilities; with Mr. Enos responding it only applies to new construction. Commissioner Cook inquired if it will cause a hardship; with Commissioner Scarborough responding the ordinance says an eight-foot opaque vegetative buffer. Mr. Rabon stated generally it is to keep the facility out of sight more than having a wall; and if the requirement is an opaque vegetative buffer, all the County's facilities will have at least that. Commissioner Cook inquired if it does not have to be a wall; with Mr. Ritchie responding that is correct. Commissioner Cook advised the ordinance says, "adjacent to residential or commercial zones"; with Mr. Ritchie responding that was the original language before it was amended in January. Commissioner Cook inquired what is the language now; with Mr. Ritchie responding it was amended to read, "An eight-foot high visually opaque vegetative buffer shall be required to be developed and maintained along the perimeter of the site approved and developed under this conditional use permit request where the adjacent lot is not zoned heavy industrial (IU-1)." He noted the residential and commercial language was deleted.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt an ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; amending Article VI, Division 1, specifically amending Section 62-1102 by adding definitions for "air curtain incinerator," "biomedical waste incinerator," "composting facility," "hazardous waste facility," "materials recovery facility," "mulching facility," "recovered materials," "recovered materials processing facility," "solid waste management facility," "transfer station" and "volume reduction plant;" amending Article VI, Division 4, Subdivision II, specifically removing the title "Solid Waste Disposal Facilities" within the following Sections: 62-1333(3). Agricultural, AGR., and 62-1334(3). Agricultural Residential AU, and adding the conditional use "composting facility" with specific criteria; amending Article VI, Division 4, Subdivision VIII, specifically adding "composting facility" and "mulching facility" as conditional uses with specific criteria within Section 62-1543(3). Light Industrial, IU; amending Article VI, Division 4, Subdivision VIII, specifically amending the title "Solid Waste Disposal Facilities" to "Solid Waste Management Facilities" and the title "Storage of Hazardous Waste" to "Hazardous Waste Facility" and adding "composting facility" and "mulching facility" as conditional uses with specific criteria within Section 62-1544(3). Heavy Industrial, IU-1; amending Article VI, Division 4, Subdivision IX, specifically amending the title "Solid Waste Disposal Facilities" to "Solid Waste Management Facilities" and adding "composting facility," "mulching facility" and "hazardous waste facility" as conditional uses with specific criteria within Section 62-1572(3). Government Managed Lands, GML; creating Article VI, Division 5, Subdivision II, Section 62-1840.5.5. Recovered Materials Processing Facility, as a permitted use with conditions and adding such use to Sections 62-1483(1)(c), 62-1542(1)(b), 62-1543(1)(b), 62-1544(1)(b), and 62-1572(1)(c); creating Article VI, Division 5, Subdivision III, Section 62-1921.5, a conditional use entitled "Composting Facility" and adding setback, buffering and other criteria; creating Article VI, Division 5, Subdivision III, "Section 62-1941. a conditional use entitled "Mulching Facility" and adding setback, buffering and other criteria; amending and re-titling Article VI, Division 5, Subdivision III, Section 62-1933. from "Hazardous Waste Storage" to "Hazardous Waste Facility" and adding setback, buffering and other criteria; amending and re-titling Article VI, Division 5, Subdivision III, Section 62-1949. from "Solid Waste Disposal Areas and Landfills" to "Solid Waste Management Facilities" and adding setback, buffering, and other criteria; 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, as amended.

Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLES II, III, AND VI, REVISING ZONING REGULATIONS

Chairman Voltz called for the public hearing to consider an ordinance amending Chapter 62, Articles II, III, and VI, revising Zoning Regulations, to remove outdated criteria, modify revisions which over time generated internal inconsistencies, modify or add new definitions to clarify correct usage, and correct scrivener's errors. She stated this is the Phase II clean up of current zoning regulations.

Commissioner Cook inquired if it just eliminates duplication or is there anything substantial; with George Ritchie responding there is a letter from Bill Osborne regarding his Department's involvement in the Ordinance that has duplicate regulations; they have current Codes and Zoning has the original Codes; so they are striking their regulations. He stated the section on lighting is in a separate Ordinance under Section 62-2257.

Commissioner Cook inquired if there is anything beyond deletions of regulations in other Codes; with Mr. Ritchie responding one question came up with Debbie Coles of Natural Resources about the landscaping buffers in TR-3 and PBP zoning classifications; Natural Resources will come forward with its own ordinance for landscaping that will include those; but there may be a time gap between the approval of this ordinance and adoption of their ordinance. Commissioner Cook inquired why is staff working on a landscaping ordinance when the Board has not held its workshop, as the Board may not want to do anything with the Landscaping Ordinance; with Mr. Ritchie responding then the two classifications will be left in the open. Commissioner Cook inquired if Mr. Ritchie is saying there is an ordinance coming forward to the Board; with Mr. Ritchie responding it has not been advertised or anything, but Ms. Coles said possibly it would be in the works.

Commissioner Scarborough inquired if staff should do an ordinance first or should the Board have a workshop first; with Commissioner Cook responding the Board should have its workshop first, and he does not understand why staff's time is being exercised on a landscape ordinance when the Board has not had a workshop. Environmental Services Administrator Stephen Peffer advised staff will get its direction from the Board's workshop regarding any changes to the Landscape Ordinance. Chairman Voltz instructed Mr. Peffer to find out what Ms. Coles is doing.

Commissioner Cook advised page 5 deals with the Zoning Official interpreting provisions of Article VI; and the Board discussed having the County Attorney review some of those to back up the Zoning Official. Mr. Enos stated staff has begun doing that informally, but the Board can direct them to do it officially in the Code. Commissioner Scarborough inquired if that will come to the Board for discussion; with Mr. Enos responding the Board asked the County Manager's Office to bring back some proposals or options on that.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt an ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; specifically deleting certain subsections of Chapter 62 listed within Article II, Division 5, Section 62-251(6), Application, Article III, Sections 62-502(b)(2)(g), Amendments, and Section 62-509(a)(1)(f), Expansion of Mixed Use District Boundary, and Article VI, Division 2, Subdivision I, Section 62-1151(a)(6), Amendments to Official Zoning Map, amendments initiated by the Property Owner, as outdated requirements of application which staff now performs; removing certain articles under the Zoning Official's control listed as subsections (5) and (18) cited in Chapter 62, Article II, Division 1, Section 62-100.1, Administrative Duties of the Planning and Zoning Official," as these articles are under the purview of the Code Compliance Department Director and/or County Manager or designee; deleting archaic design and/or development requirements currently reviewed by other Departments contained within Chapter 62, Article VI, Division 4, Subdivision II, Section 62-1343(7, 8, and 10(a)(1-3), Single-family Attached Residential, RA-2-4, RA-2-6, RA-2-8, and RA-2-10," Chapter 62, Article VI, Division 4, Subdivision II, 62-1344(6), "Residential-Professional, RP," Chapter 62, Article VI, Division 4, Subdivision III, Section 62-1371(9) "Low-Density Multiple-family Residential, RU-2-4, RU-2-6 and RU-2-8," Chapter 62, Article VI, Division 4, Subdivision IV, Section 62-1404(2)(a) AND (13-18) "Mobile Home Park , TR-3," Chapter 62, Article VI, Division 4, Subdivision IV, Section 62-1405(10), and (12-16), "Single-family Mobile Home Cooperative, TRC-1," Chapter 62, Article VI, Division 4, Subdivision IV, Section 62-1406(6)(c and d), and (8)(a, b, c, d, e, f, g, h, I, j, l, and m), "Recreational Vehicle Park, RVP," Chapter 62, Article VI, Division 4, Subdivision VII, Section 62-1511(10) and (11), "General Tourist Commercial, TU-1," Chapter 62, Article VI, Division 4, Subdivision VII, Section 62-1512(10) and (11), "Transient Tourist Commercial, TU-2," Chapter 62, Article VI, Division 4, Subdivision VIII, Section 62-1541(7), (8)(a), (9), (10)(d and e), and (11) "Planned Business Park, PBP," Chapter 62, Article VI, Division 4, Subdivision VIII, Section 62-1542(8)(c, d(4 and 5), e(1-6), f, and g), "Planned Industrial Park, PIP," Chapter 62, Article VI, Division 4, Subdivision VIII, Section 62-1543(8)(e, g and h), and (9), "Light Industrial, IU," Chapter 62, Article VI, Division 4, Subdivision VIII, Section 62-1544(9)(d), (12)(a, c and d), and (13), "Heavy Industrial, IU-1," Chapter 62, Article VI, Division 4, Subdivision IX, Section 62-1571(7), "Environmental Areas, EA," and Chapter 62, Article VI, Division 5, Subdivision III, Section 62-1959(d), "Zero Lot Line Subdivisions," and Chapter 62, Article VI, Division 6, Subdivision I, Section 62-2122, "Sewage Sanitation Requirements for Mobile Homes, Trailers, and Recreational Vehicles"; 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 REQUIRING USES TAKE PLACE WITHIN SUBSTANTIAL BUILDING WITH WALLS AND ROOF

Chairman Voltz called for the public hearing to consider an ordinance requiring that uses take place within a substantial building with walls and roof in TU-1, TU-2, PBP, PIP and IU zoning classifications.

Chairman Voltz inquired why the Planning and Zoning Board recommended just the PIP zoning classification; with George Ritchie responding when staff told the P&Z Board about the application within TU-1 and TU-2 zoning which currently do not have requirements, they cited a specific restaurant that was not completely enclosed, and they were concerned how the ordinance would affect that establishment.

Zoning Official Rick Enos advised the ordinance would not require that all serving or seating areas be inside; it just requires a substantial structure. He stated the ordinance does not prohibit outdoor seating on a patio, as a lot of restaurants have that.

Commissioner Cook stated this was initiated because of the problems on Cox Road; and the only thing he would like is making the breaking point at IU and IU-1 with regard to substantial building, as it would be a better delineation and would allow some flexibility in IU and IU-1. Chairman Voltz inquired about the property in question; with Mr. Enos responding it was a PIP parcel adjacent to an operating motel; and typically the PIP zoning is adjacent to non-industrial uses.

Commissioner Scarborough advised the P&Z Board may have had something to recommend only PIP; he does not have a problem including IU and IU-1, but the Board is careful not to put industrial uses next to motels or some commercial uses; and he does not know the impact it would have on industrial operations, as certain heavy industrial uses might have to take place outside of a substantial building.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt an ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivision VII, Sections 62-1511(1)(a), General Tourist Commercial, TU-1, and 62-1512(1)(a), Transient Tourist Commercial, TU-2; and Article VI, Division 4, Subdivision VIII, Sections 62-1541(1)(a), Planned Business Park, PBP; 62-1542(1)(a), Planned Industrial Park, PIP; and 62-1543(1)(a), Light Industrial, IU, by stipulating that the uses allowed in each of the above-described zoning classifications are to be performed within substantial buildings; 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, as recommended by the Planning and Zoning Board for PIP only. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 7:11 p.m.

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

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