The Board of County Commissioners of Brevard County, Florida, met in regular session on September 25, 1997, at 6:16 p.m. in the Government Center Commission Chambers, 2725 Judge Fran Jamieson Way, Building C, 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. Absent were: County Manager Tom Jenkins and County Attorney Scott Knox.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5, 1997 - ITEM 6, RONALD E. DIMENNA

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

Item 6. Ronald E. Dimenna's request for change from SR to SR with 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 Binding Development Plan as voluntarily submitted by the application.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table Item 6 to the October 23, 1997 Board of County Commissioners meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF SEPTEMBER 8,1997

Chairman O'Brien called for the public hearing to consider the Planning and Zoning (P&Z) Board recommendations of September 8, 1997, as follows:

Item 1. Eugene Brown's request for CUP for land alteration in AU zone on 15 acres located on the south side of Main Street, 1/8 mile east of Harry T. Moore Avenue, 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. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct Office of Natural Resources Management to provide information on the discrepancies on wetland analysis. Motion carried and ordered unanimously.

Item 2. Windover Farms, Inc.'s request for change from GU to BU-2 on 1.4 acres located on the east side of I-95, south of Highway 50 and west of Windover Way, which was tabled by the P&Z Board to its October 6, 1997 meeting at the request of the applicant in order to resolve some landscaping/beautification issues.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table Item 2 to the October 6, 1997 P&Z Board meeting as recommended. Motion carried and ordered unanimously.

Item 3. Fred K. Van Arsdel's request for change from AU to SR on 1.09 acres located on the west side of Singleton Avenue, north of Ellen Drive, which was approved by the P&Z Board.

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

Item 4. Bradford A. Gregory's request for change from GU to ARR on 1 acre located on the north side of Bear Trail, east of Satellite Boulevard, which was approved by the P&Z Board.

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

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

Item 5. Delmas R. Ellis and Ommie Jean Ellis, Trustees' request for change from AU to RR-1 on 1.58 acres located on the north side of Chase Hammock Road, west of North Courtenay Parkway, which was approved by the P&Z Board.

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

Item 6. Paul Body's request for change from RU-1-13 to RU-2-15 on .18 acre located on the east side of Orlando Avenue, south of 15th Street, which was approved by the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Item 6 as recommended by the P&Z Board.

Vice Chairman Voltz stated she is not going to support the motion as it does not look like it is compatible with the area.

Commissioner Scarborough stated when he was briefed on this particular item, there is a clear line of demarcation between one type of activity and the other; he feels comfortable with it; and it is falling within the area where it would be compatible.

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

Item 7. Space Coast General Contractors, Inc.'s request for Small Scale Plan Amendment 97S.5 that proposes to change the use of land from Mixed-Use to Planned Industrial Park on the Future Land Use Map and change from IU to PIP on 4.62 acres located on the west side of Cox Road, north of S. R. 520, which the LPA approved Small Scale Plan Amendment 97S.5 for change of land use from Mixed-Use to PIP on the Future Land Use Map and the P&Z Board approved change from IU to PIP.

Christian Chhabra provide documentation to the Board; stated his concern is the previous history of the PIP zoning granted already to the next property which is Coastal Steel; the proposed property is 150 feet from his motel; and expressed concern with the increased volume of noise and dust particles when cutting and grinding heavy metal. He advised the value of his property has decreased by $400,000 due to the activities taking place around him; he is not opposing the change in zoning; however, he is concerned with the increase in noise and dust particles; and requested conditions be placed on the rezoning request.

Wayne Clark, representing the applicant, stated the building is going to run east and west; they have been at the property since 1982; they have been checked out by OSHA and are in compliance; the concerns of Mr. Chhabra's loss of business are not related to the proposed property; and Space Coast has improved their property since it was purchased. He noted his Company has enhanced the value of the area.

Commissioner O'Brien requested the applicant provide additional insulation on the side of the building that faces the Budget Inn.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Ordinance amending Article III, Chapter 62, of the Brevard County Code, entitled "The 1988 Comprehensive Plan", setting forth the Fifth Small Scale Plan Amendment of 1997, 97S.5, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending the Future Land Use Map Series; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 97-35.)

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve zoning change from IU to PIP as recommended by the P&Z Board for Item 7. Motion carried and ordered unanimously.

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

The meeting recessed at 6:30 p.m. and reconvened at 6:48 p.m.

Item 8. Russ J. and Carolyn M. Ensler's request for change from AU to RR-1 on 1.16? acres located on the west side of Brabrook Road, north of Berry Road, and south of Grant Road, which was approved by the P&Z Board.

Commissioner Higgs stated she wants the May, 1995 Ready Book Map on Page 456 put in the record; and stated the established character of the area is clearly moving toward RR-1.

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

Item 9. Carrie Fuquay's request for change from AU to RR-1 on 1.19 acres located on the southeast corner of Valley Road and Burton Road, which was approved by the P&Z Board.

Commissioner Higgs stated the established character of the area is AU; there are conflicts that develop between AU and RR-1; and the County needs to study that issue very carefully before proceeding.

Chairman O'Brien recommended the item be tabled since the applicant is not present. Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 9 to the October 23, 1997 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 10. Robert F. and Cynthia A. Becerra and Donald J. Berry's request for change from RR-1 to AU on 11.09? acres located west of the western terminus of 3rd Street, on the north side of the unimproved right-of-way, which was approved by the P&Z Board.

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

Item 11. Omitted from agenda.

Item 12. Omitted from agenda.

Item 13. Russell E. and Patricia A. Glosser's request for change from TU-2 to BU-2 on 0.947 acre located on the north side of Eau Gallie Boulevard, west of I-95, and east of Jones Road, which was approved by the P&Z Board.

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

Item 14. William C. Troup's request for change from BU-1 to TR-1 on .29 acre located on the northeast corner of Aurora Road and Cecilia Street, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Item 14 as recommended by the P&Z Board.

Commissioner Voltz stated she is not going to support the motion as there are many letters from individuals who live in the area who do not want the TR-1 zoning.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay. (See pages for Zoning Resolutions.)

Item 15. Zoning Official's Report: None.

PUBLIC HEARING, RE: ORDINANCE AMENDING REQUIREMENTS FOR CONDITIONAL USE PERMIT (CUP) FOR TEMPORARY LIVING QUARTERS DURING CONSTRUCTION OF RESIDENCE

Chairman O'Brien called for the public hearing to consider ordinance amending requirements for Conditional Use Permit (CUP) for temporary living quarters during construction of residence.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 62, "Land Development Regulations",

Code of Ordinances of Brevard County, Florida; amending Article VI, Division 5, Subdivision III, "Conditional Uses"; specifically amending Section 62-1950 "Temporary Living Quarters as Conditional Use during construction of residence" to provide for alternative methods of assuring that the applicant will construct the residence they have permitted, in lieu of requiring completion of the slab and rough plumbing prior to moving the temporary mobile home or travel trailer onto the property, providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code and providing an effective date, as amended. Motion carried and ordered unanimously. (See page for Ordinance No. 97-36.)

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to change the acreage requirement for temporary residence to one acre, advertise the amendment, and bring it back to the Board at the next zoning meeting on October 23, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING COMMERCIAL INDUSTRIAL ZONING CLASSIFICATIONS TO PERMIT RESIDENTIAL USES

Chairman O'Brien called for the public hearing to consider an ordinance amending commercial industrial zoning classifications to permit residential uses.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to approve sending ordinance amending commercial industrial zoning classifications to the second public hearing on October 14, 1997, deleting multi-family, Planned Industrial Park (PIP), and industrial. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING GOVERNMENT MANAGED LANDS ZONING CLASSIFICATION

Chairman O'Brien called for the public hearing to consider an ordinance amending Government Managed Lands (GML) zoning classification.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to approve sending ordinance amending Government Managed Lands (GML) zoning classification to the second public hearing on October 14, 1997. Motion carried and ordered unanimously.

PUBLIC COMMENT

Terry Rosenberger stated he would like to present an item for thought relevant to the CUP requirements for alcoholic beverage consumption in Brevard County; the applications for alcoholic consumption have increased; and he would like to see the Sheriff's Office or community agencies review the impact that a potential alcohol permit might have on the area community or County as a whole.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 7:25 p.m.

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

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