The Board of County Commissioners of Brevard County, Florida, met in regular session on November 30, 1998, at 4:30 p.m., in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, Community Development Administrator Peggy Busacca, and Assistant County Attorney Eden Bentley.

The Invocation was given by Chairman of the Board Truman Scarborough.

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

REPORT, RE: SPACE COAST POPS SCHEDULE

Commissioner O'Brien advised Space Coast Pops provided copies of schedules to him for each Commissioner; and presented the schedules.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, SECTION 62-1157(1), BINDING DEVELOPMENT PLANS

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article VI, Section 62-1157(1) regarding binding development plans.

Zoning Official Rick Enos advised the ordinance changes the recording time for binding development plans from 30 days to 90 days; it provides a means of closure for those not recorded; and after 90 days they are withdrawn or could be granted a 30-day extension.

Chairman Scarborough inquired if the BDP is not recorded, will the zoning not be effective; with Mr. Enos responding affirmatively. Commissioner Higgs suggested 90 days and one extension or 120 days and no extension, as two extensions are not necessary.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Section 62-1157(1), relating to time limits for recording of binding development plans; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code, as amended, granting 120 days and no extensions for recording of binding development plans.

Discussion ensued on the time limit, asking the Board for extensions, waiver of fees for reapplication, provision for closure, environmental, road, and financial problems that could delay recording of binding development plans, and small percentage of plans not recorded.

Chairman Scarborough called for a vote on the motion as amended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, DIVISION 5, SUBDIVISION III, SECTION 62-1953, CONDITIONAL USE PERMIT FOR TOWERS AND ANTENNAS

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article VI, Division 5, Subdivision III, Section 62-1953, regarding conditional use permit for towers and antennas.

Planner III Tom Myers advised the ordinance allows antennas to be added to existing high-rise utility transmission towers with no conditional use permit if it is 20 feet or less; changes to allow replacement towers to be more conforming to the closest setback and residential property; and provides for replacing the same kind of tower or a better tower.

Commissioner Voltz stated page 2 states a lattice tower is more aesthetic than guyed tower; she personally prefers a guyed tower to lattice; and inquired how would staff address what type of tower would be pleasing to the people who live in the vicinity; with Mr. Myers responding that is generally what is accepted.

Commissioner O'Brien stated page 3 provides that a replacement tower shall be setback from the nearest residential property a distance equal to or greater than the existing distance to the nearest residentially zoned property; and inquired what if the tower is in a big field; with Mr. Myers responding the setback requirement would not come into play. Commissioner O'Brien inquired what rule was used for the replacement tower behind the Circle K Store; with Mr. Myers responding it was put in the exact same location which is the only place they could put it.

Commissioner Higgs advised page 2 states at 200 feet the tower will not require lighting; with Mr. Myers responding it exempts lighting when the only agency requiring lighting is Mosquito Control.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, 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 62-1953 Towers and Antennas; providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, DIVISION 5, SUBDIVISION III, SECTION 62-1935, CONDITIONAL USE PERMIT FOR GOATS AND MULES IN SEU ZONING CLASSIFICATION

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article VI, Division 5, Subdivision III, Section 62-1935, regarding conditional use permit for goats and mules in SEU zoning classification.

There being no objections heard, motion was made by Commissioner Higgs, 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, Section 62-1935, Horses and Barnes; specifically amending the Section to allow application for goats; providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TEMPORARY USE AGREEMENT WITH BREVARD TOWER COMMUNICATIONS, INC. AND MICROSTAR, INC. FOR TEMPORARY PLACEMENT OF CORIOLIS SATELLITE SYSTEM TECHNICAL EQUIPMENT

Chairman Scarborough called for the public hearing to consider a temporary use agreement with Brevard Tower Communications, Inc. and Microstar, Inc. for temporary placement of equipment for ground testing of the Coriolis Satellite System.

Commissioner Higgs advised she talked to Rodney Honeycutt and Randy Wood and they explained the project to her.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Temporary Use Agreement with Brevard Tower Communications, Inc. and Microstar, Inc. for temporary placement of technical equipment for ground testing of the Coriolis Satellite System to measure wind direction. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: MINIMUM LOT SIZE FOR PRIVATE PARKS AND PLAYGROUNDS

Commissioner Voltz recommended Option 1 which permits private parks of 1/4 acre in specific instances and requires a CUP and minimum lot size for parks not internal to a platted subdivision. She noted it will accomplish what the Board is trying to do.

Commissioner Higgs recommended directing staff to prepare an ordinance amending the current Ordinance and bring it back to the Board. She noted there are people from the Woodlands here to speak to the Board.

Joseph Rodano, resident of the Woodlands, advised he and several others are 1/74th owners of the lot on the beach; they have a pavilion there, but it is unlawful because they goofed; and they discussed it with Commissioner Higgs. He stated they were not aware that a building permit was required; the structure is up and fits in aesthetically with the beach, similar to the County's facilities at the park on Melbourne Beach; and they are looking for a CUP so they can legally keep the structure. He noted they will pay the fines if required; the lot is not quite a half acre; and to help them, the amendment should require 1/4-acre for private parks in subdivisions.

Commissioner Higgs advised Option 1 would allow them to have a CUP for the park of less than half an acre, and it would be the same for anyone else in the County.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to direct staff to draft an ordinance amending Sections 62-1840 and 62-1945 to permit private parks and playgrounds of 1/4 acre in specific instances, and requiring a conditional use permit and minimum lot size for parks not internal to a platted subdivision. Motion carried and ordered unanimously.

DISCUSSION, RE: TIME CERTAINS, WORKSHOPS, AND LIAISON APPOINTMENTS

Chairman Scarborough advised he initially decided on first come/first served for time certains; however, the requests are more than can be handled; and he considered limiting the time certains theoretically to three first come/first served. He suggested Commissioners indicate the number of people and the reason; and on Friday, Stockton Whitten will review the requests, and if one item is much larger than an item that came in earlier, he will contact the Commissioner who had the earlier item and suggest bouncing it for the much larger item. He stated he is considering doing time certains at 9:30 a.m., 10:30 a.m. and 11:30 a.m.

Commissioner Higgs inquired if a time certain is given on Tuesday and by Friday it looks grim, would those people be bounced; with Chairman Scarborough responding no, time certains will not be determined until Friday, or it could be Thursday or Wednesday. Commissioner Voltz advised she looked at the requests on Friday at noon and did not give any time certains until then.

Chairman Scarborough stated he does not know what the big issues are in other Districts; and if he calls other Commissioners, it could be considered a violation of the Sunshine law; so Mr. Whitten has been given the burden, and the Board needs to give him enough direction. He stated Mr. Whitten may need to know the degree of urgency, special needs, and total number of people who will be coming for a time certain; and if they are all about the same, it will be first come/first served. He reiterated previous statement of scheduling big items first even if an earlier request has to be bounced.

Commissioner Carlson expressed concern that the time certain for the Oleander tax abatement issue is only a half hour; with Chairman Scarborough responding the time certain item will be finished before going to the next time certain.

Commissioner Voltz advised if a time certain is scheduled for 11:30 a.m. and the meeting is over before that time, they would have to stay around for the time certain; and suggested the Chairman look at the agenda, and if it is not a long meeting, have only two time certains at 9:30 a.m. and 10:00 a.m. Chairman Scarborough stated he is looking to the Commissioners to prioritize their requests for time certains for Mr. Whitten and work as a team to ensure time certains are not wasted on minor issues. Commissioner Voltz inquired if the ten minutes issue for many people wanting to speak has been resolved; with Chairman Scarborough responding Commissioner O'Brien plans to bring that up at the December 1, 1998 meeting. Commissioner O'Brien indicated if the item is on the agenda, the personal appearance should be part of the agenda item and not a separate item.

Chairman Scarborough advised it would be convenient to have set rules the Board wants the Chair to follow; and the Board has the discretion at any time to overrule the Chair by motion, second and majority vote. He stated if he arbitrarily picks and chooses, it will not work as well as if he had a set of rules to follow. Commissioner Voltz advised the Chairman can tell by noon on Friday whether the meeting will be over early and whether a lot of people will show up for different issues; and he can make the determination at that time. She stated it should be up to the Chairman. Chairman Scarborough recommended Commissioners submit a sheet to Mr. Whitten; when he receives it he will log it in at the time received; if everything is basically even, the request that came in first will have a higher pecking order; however, if a big item comes in after that, it will be given top priority. Commissioner Voltz asked if a time certain will be given out then changed; with Chairman Scarborough responding no, they will not be given out until Friday, but requests for time certains can be faxed to Mr. Whitten at any time for any date; and the person who asks first has priority unless there is an item that impacts the meeting.

Discussion ensued on the Valkaria issue, several big issues on the same agenda, and calling special meetings.

Workshops

Commissioner Voltz advised there is a workshop scheduled for January 14, 1999 on housing issues; and she does not know if the Board will be discussing something else, but she wants to make housing an issue for the workshop. She indicated there are meetings set up with the home builders, staff, etc.

Commissioner Higgs inquired when will the Board have its goals workshop; with County Manager Tom Jenkins responding staff has a list of five or six topics the Board has proposed for workshops; they are attempting to schedule two workshops per month for the first several months until they are caught up; and the proposed Board Meeting Schedule, Mr. Whitten has put together for the Board to consider shows two workshops for the first few months. Commissioner Voltz inquired if they can do the goals and housing workshops in January; with Mr. Jenkins responding yes. Commissioner Higgs inquired about the LOGT Transportation Workshop; with Mr. Jenkins responding he does not recall what order they are in, but the Board can change it when it considers the Schedule.

Commissioner Higgs advised the Board allows people to make public comments at the end of the meetings for five minutes; it also schedules personal appearances; it has had people frequently scheduling personal appearances; and inquired if the Board would like to consider a limit on the number of personal appearances a person can schedule each year. Chairman Scarborough stated no, he would prefer not to do that even though there have been some perpetual personal appearances. Commissioner Higgs stated they are always allowed to speak under Public Comments. Chairman Scarborough stated there should always be an ability to have new items brought up at random; and he would prefer not to have any rules on that.

Liaison Appointments

Chairman Scarborough advised in reviewing the Commissioners' preferences for appointment to certain boards and committees, he will be able to meet a lot of the top preferences; there will be some that will bottom out, and nobody wants to go to them; and he would like to extract the Board from those that have little or no interest. He stated he wants to have Commissioners serve on committees regarding things they enjoy doing; and if nobody wants to do a certain thing, he would prefer, rather than force someone into that position, to write that committee and say because of a heavy agenda next year the Commissioners can attend only on a needs basis, and maybe they can come and make a presentation to the Board. He stated he does not want to put Commissioners in the position of having to decide whether to waste their time or be embarrassed by not attending; so he would return with a suggestion to opt out of some of the appointments that no one has a high interest in. Commissioner Higgs inquired if staff could attend those meetings; with Chairman Scarborough responding he could ask that. Commissioner Higgs noted Parks and Recreation Director Chuck Nelson attends the St. Johns Recreation Advisory Board meetings which she was appointed to and attended on occasion; so the Chairman may want to check that out.

Commissioner Higgs advised the Children's Services Council meets next Wednesday; she did not put that as a priority on her list in case someone else wanted to serve; and perhaps Commissioner Voltz wants to do it. Chairman Scarborough stated Commissioner Voltz had a much higher ranking for the Children's Services Council, so it would probably go to her. Commissioner Higgs stated if Commissioner Voltz wants to serve on the Children's Services Council and no one else wants to, she should be notified since the meeting is next Wednesday. Chairman Scarborough stated he thinks she is the only one who put that Council on her list as the No. 1 priority, so she can count on that appointment.

Chairman Scarborough advised each Commissioner will see where everybody ranked and why they were chosen for the positions; some have equal rankings; and rather than he making the selection, he wants the Commissioners to draw straws.

The meeting recessed at 5:15 p.m., and reconvened at 5:33 p.m.

PUBLIC HEARING, RE: TABLED ZONING ITEMS OF JULY 6, AUGUST 3, MAY 4, AND SEPTEMBER 1, 1998 PLANNING AND ZONING MEETINGS

Chairman Scarborough called for the public hearing to consider zoning recommendations made by the Planning and Zoning (P&Z) Board on July 6, August 3, May 4, and September 1, 1998, and tabled by the Board of County Commissioners as follows:

Item 15. (Z9807401) Gomer and Victoria A. Mitchell's request for change from AU to BU-1 on 1.85 acres located on both sides of U.S. 1, north of Bonaventure Drive, which was recommended for approval by the P&Z Board, with a binding development plan (BDP) stating there will be no access from the property to Rockledge Drive; approved as BU-1 on the west side of U.S. 1 by the Board of County Commissioners; and the east side tabled to August 27, 1998 Board of County Commissioners meeting.

Gomer Mitchell advised he received no complaints from immediate neighbors.

Commissioner Carlson advised there was constituency input on the previous agenda with 20 objections against the BU-1 uses; and recommended BU-1-A with a BDP. Mr. Mitchell stated BU-1-A is too restrictive. He stated he may want to go into wind surfing and could not have outside storage; and he could not have a fruit and vegetable stand in BU-1-A. He noted there are BU-1 on both sides of his property. Commissioner Carlson advised none of the BU-1 properties have been developed, and her understanding is that the request was for an antique store. Mr. Mitchell stated that is a possibility; he is building a commercial building; and to the north is an old garage in BU-1. Commissioner Carlson inquired if Mr. Mitchell discussed it with the homeowners who came out against it; with Mr. Mitchell responding they are not close to his property. Commissioner Carlson expressed concerns about BU-1 being close to AU, BU-1 uses for automobile activities, and the character of the area not being defined . She stated she thought he had a special use for an antique store. Mr. Mitchell inquired what happened to the paperwork he gave to former Commissioner Cook; and requested the item be tabled so he can provide information to Commissioner Carlson. Commissioner Carlson stated she has no problem tabling it, but it may come back the same way.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Item 15 until January 28, 1999 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 20. (Z9808401) Suntree Community Developers, Inc.'s request for change from PUD to BU-1-A on 14.7? acres located on the southwest corner of Holiday Springs Road and Viera Boulevard, which was recommended for approval by the P&Z Board, with BDP limiting site development to 4.2? acres and the remainder as retention and conservation, and applicant amend the PUD.

Commissioner Carlson inquired if there is a wetland determination survey; with Jack Wolfe, representing the applicant, responding Allen Engineering has a survey and he will have it. He explained a drawing of the site; and noted the St. Johns River Water Management District agrees with the line depicting the wetland area. Commissioner Carlson inquired if they agreed to a BDP to develop only 4.2 acres; with Mr. Wolfe responding that is correct, and identified the 4.2 acres. Commissioner Carlson advised her concern is commercial development is prohibited in wetlands and she does not understand why the Board is allowing it. She inquired if there is another zoning classification which can be used for wetland areas; with Mr. Enos responding it can be zoned EA which requires a minimum of ten acres for development of one residential unit. Mr. Enos noted Tract CC is 8.89 acres. Commissioner Carlson inquired if it is possible to make it EA ; with Mr. Enos responding the Board could reduce the size requirement for EA if it is consistent with the policies. Mr. Wolfe stated they can do that through the binding letter.

Commissioner Higgs inquired if it would all be BU-1-A with a BDP for no commercial/industrial uses on the wetland portion of the property. Commissioner Carlson stated she wants to make sure they comply and suggested returning with administrative rezoning to EA. Chairman Scarborough inquired if the applicant can ask for EA; with Assistant County Attorney Eden Bentley responding if he is willing, the Board can do it. Mr. Wolfe inquired if 8.89 acres will become EA; with Mr. Enos responding yes, or they can be left as PUD. Commissioner Carlson stated she prefers EA. Mr. Enos advised Tract DD is upland and Tract CC is the wetland tract.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve Item 20, as recommended by the P&Z Board, and with Tract CC rezoned as EA zoning classification. Motion carried and ordered unanimously.

Item 21. (Z9808402) Suntree Community Developers, Inc.'s request for change from PUD to RP on 21? acres located on the southeast corner of Holiday Springs Road and Viera Boulevard, which was recommended for approval by the P&Z Board with a BDP limiting development of the site to the north 12.7 acres and the remainder as retention and conservation, and applicant amend the PUD.

Mr. Wolfe advised they will agree to make Tract FF as EA. Mr. Enos advised Tract EE will go to RP, Tract GG will be withdrawn, and Tract FF will be EA, which will require an amendment to the PUD to use the tract for storage of RV's. He stated they could do it administratively with the Board's direction.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve Item 21 as recommended by the P&Z Board, and Tract FF rezoned as EA, and Tract GG withdrawn. Motion carried and ordered unanimously.

Item 7. (Z9805107) Port St. John Junior Chamber of Commerce, Inc., B. B. Nelson, and Jack Moore's request for Small Scale Plan Amendment (98S.5) that proposes to change the land use designation from residential to mixed use district on the Future Land Use Map, and change of classification from GU and AU to BU-1 and CUP for towers and antennas on 7.97 acres located west of I-95 across the canal from the southern terminus of Homestead Avenue, which was recommended for approval by the CRG; the LPA recommended denial of the Small Scale Plan Amendment; and the P&Z Board recommended denial of BU-1 and approval of the CUP for a 150-foot lattice tower as amended by the applicant. B. B. Nelson advised there was a letter requesting the item be tabled until January, 1999. Mr. Enos stated it was first heard in May, and was tabled to July, August, September and October.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Commissioner Scarborough advised he will move to deny the item, because after a while the public fails to have notice. He noted it would need to be re-advertised. Mr. Nelson advised the Board tabled it a few times to get its consultant to do a report, then it rewrote the report; and he has to have surgery next month and cannot be at the meeting in December. Commissioner Higgs advised two of the tables were to give Mr. Nelson an opportunity to present technical information to sow why the site is necessary. Mr. Nelson stated that is partly true, and part of it was the County's consultant to prevent further pollution of antennas; and requested the Board table it so he can meet the requirement of showing technical requirements. Commissioner Scarborough stated it needs to be re-advertised after a time because at the start people spoke in opposition and they do not know it is being heard tonight.

Motion by Commissioner Scarborough, to re-advertise Item 7. Motion died for lack of a second.

Mr. Nelson advised he tried to meet the new requirements; the Board changed the rules; and he sent a letter to the Chairman to table it until January, 1999. Commissioner Scarborough recommended staff go back to everyone who appeared in opposition at the initial meeting and notify them. He stated the Board has not heard from Mr. Nelson why the site is needed and he is dealing with a speculation tower. Ms. Bentley advised technical requirement was in place since the beginning of this application.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item 7 to January 28, 1999, and direct staff to send written notification to everyone who attended the initial meeting for or against the item. Motion carried and ordered unanimously.

Item 2. (PSJ80802) Michael A. and Georgeanne Vendlinski, et al's request for expansion of mixed use district boundary and change from RU-1-7 to BU-1 on 1.3 acres located on the northeast corner of Palm Street and Manth Avenue, which was recommended for approval by the LPA and Port St. John Special District Advisory Board, and tabled by the Board of County Commissioners to October 29, 1998.

Rodney Honeycutt, representing the landowners, requested the change; described the surrounding area with existing commercial and residential uses; and noted they want to rezone seven lots to commercial. He described an aerial photograph of the area.

Commissioner Scarborough inquired about limiting access from residential streets; with Mr. Honeycutt responding he could not commit to a buffer of more than the Ordinance required; this time he has a concept plan with a 15-foot landscaped buffer along Manth Avenue and a 25-foot stormwater area, for a total buffer of 40 feet along Manth Avenue. He stated it will be an opaque vegetative irrigated buffer and they will agree to a BDP.

Commissioner Higgs inquired if there will be access from other than U.S. 1; with Mr. Honeycutt responding they would like to have access off Palm, U.S. 1 and Kings Highway.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 7 as stated by Rodney Honeycutt, including a 15-foot opaque vegetative landscaped irrigated buffer along Manth Avenue, stormwater management area in the rear of the buildings of an additional 25 feet for a total of 40 feet of continuous buffer along Manth Avenue, no access off Manth Avenue, and a binding development plan. Motion carried and ordered unanimously.

Item 2. (Z9809102) Roger Lewis Phipps' request for change from AU to BU-1-A and CUP for convenience store on 3.25 acres located on the southeast corner of U.S. 1 and County Line Road, which was recommended for denial by the P&Z Board and tabled by the Board of County Commissioners to October 29, 1998. Applicant withdrew the CUP portion of the request.

Roger Phipps requested approval of BU-1-A without the CUP.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to overrule the P&Z recommendation, and approve Item 2 as BU-1-A with no CUP for a convenience store.

Commissioner O'Brien stated the P&Z Board voted unanimously to deny the request. Commissioner Scarborough stated they have not come back to object. Mr. Enos stated after staff sent out letters letting people know how the application changed, they received three from a total of 13 opposed to the amended request.

Commissioner Higgs stated neighborhood commercial should be located at collector/collector or collector/arterial roads; and they do not have that at the location. Commissioner Scarborough stated it may develop as the community develops.

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

Vice Chairman Higgs handed the gavel back to Chairman Scarborough.

Item 9. Jane G. Madry, Trustee's request for change from AU to RR-1 on 45? acres located on the north side of Carolwood Drive, east of Harlock Road, which was recommended for approval by the P&Z Board and tabled to October 29, 1998 by the Board of County Commissioners.

Chairman Scarborough recommended Mr. Torpy answer questions the Board may have rather than make a presentation.

Attorney Richard Torpy, representing the applicant, advised Roy Pence and he are prepared to answer any questions the Board may have.

Commissioner Carlson advised she received one objection in regard to the character of the area; when the area was zoned very little was AU and a lot of it was RR-1; concern is reducing the amount of area zoned for greater than one-acre lots; and inquired if Mr. Torpy met with Larry Wilson. Mr. Torpy advised that was received before the P&Z meeting; they sent personal letters to the people the County solicits responses from and addressed all the issues; and he does not believe there is remaining questions on the rezoning. Commissioner Carlson inquired what is the intent; with Mr. Torpy responding to develop a subdivision with lot sizes of about one acre and homes ranging from $180,000 to $200,000. Commissioner Carlson stated it will increase the density and traffic by 230 road trips; there is not much acreage in the Lake Washington area they can buy more than one acre; and a lot of people have horses, but there is no real problem.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item 9 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 1.d., Gary Coppola. Administrative rezoning from RU-2-4 to RR-1, which was recommended for approval by the P&Z Board, and tabled by the Board of County Commissioners on July 30, 1998.

Attorney Clifton McClelland advised Mc. Coppola has three other parcels under administrative rezoning; and requested all three be tabled to be done at the same time. He stated his land use planners have been going through the records and plans; and would like to have six months.

Commissioner Higgs advised at the end of July there was a request for three months. Mr. McClelland advised reading the Comprehensive Plan will take a while in order to resolve some of the issues. Commissioner Higgs stated she will go to March 4, 1999, and if they are not read, she will move to deny it. Mr. McClelland also requested Mr. Echols' administrative rezoning be tabled to the same time.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to table Parcels 509, 512, 514, and 531 owned by Gary Coppola, and Item 4, Charles and Shirley Echols, until March 4, 1999 and the February P&Z Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF OCTOBER 5, 1998

Chairman Scarborough called for the public hearing to consider recommendations of the Planning and Zoning (P&Z) Board made at its public hearing on October 5, 1998, as follows, then passed the gavel to Vice Chairman Higgs:

Item 1. (Z9810101) James E. Lazarus's request for change from GU to ARR on 1.03 acres located on the west side of Albert Lane, at the western terminus of Bear Trail, which was recommended for approval by the P&Z Board.

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

Item 2. (Z9810102) Nga T. and Zhong He Nguyen and John Ho Vo's request for change from AU to ARR on 1.38 acres located on the southeast corner of Satellite Boulevard and Airboat Avenue, which was recommended for approval by the P&Z Board.

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

Item 3. (Z9810103) Sydney R. Gregory, III's request for change from GU to ARR on 1.15 acres located on the north side of Suntee Avenue, west of Satellite Boulevard, which was recommended for approval 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; Commissioner Higgs voted nay.

Item 5. (Z9810105) Dennis W. Corderman'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 recommended for approval by the P&Z Board.

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

Item 7. (Z9810107) Orlando Utilities Commission's request for CUP for towers and antennas on existing utility structure in GU and PIP zoning classifications on 31? acres located on the west side of Grissom Parkway, north of Kings Highway, which was recommended for approval by the P&Z Board.

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

Item 4. (Z9810104) George Alan Harrell's request for Small Scale Plan Amendment 98S.9 that proposes to change the land use designation from residential to mixed use district on the Future Land Use Map and change classification from GU to BU-2 on 1.6? acres located on the east side of Grissom Parkway, south of Canaveral Groves Boulevard, which was approved by the P&Z Board with specific use for outside service restaurant and all BU-1 uses; and the LPA approved the Small Scale Plan Amendment.

Commissioner Scarborough inquired if the project will have curb cuts on Grissom parkway or could it access off Canaveral Groves Boulevard; with George Harrell responding no, the property fronts on Grissom, and the County approved the curb cut to access from Grissom in a letter. Commissioner Scarborough stated he would like to cluster commercial development around curb cuts, and it is in close proximity to Canaveral Groves Boulevard. Mr. Harrell explained the drawing of the site, depicting a proposed road and location of Canaveral Groves Boulevard; and stated he was granted the curb cut ten years ago.

Assistant County Attorney Eden Bentley advised there was a stipulation of final judgment on this issue.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Ordinance amending Article III, Chapter 62, of the Brevard County Code, setting forth the ninth Small Scale Plan Amendment of 1998 (98S.9); and approve BU-2 with specific use for outside service restaurant and all BU-1 uses, subject to proof of a letter to Mr. Harrell from the County granting the curb cut on Grissom Parkway. Motion carried and ordered unanimously. (See page for Ordinance No. 98-59.)

Vice Chairman Higgs passed the gavel back to Chairman Scarborough.

Item 8. (Z9810201) Barbara J. Babcock's request for change from AU to RU-1-7 with BDP limiting development to one residential lot on 0.29 acre located on the west side of SR 3, south of Porcher Road, which was recommended for approval by the P&Z Board.

Commissioner O'Brien advised the house is located on Courtenay Parkway where almost all the properties are zoned BU-1 or BU-1-A; and the people who are planning for their community are saying why keep a house there if it should go commercial, and a person may want to buy it.

Barbara Babcock advised the house was built in 1961; and the rezoning is to conform to County regulations because the lot is too small for AU.

Commissioner Voltz inquired if Commissioner O'Brien wants commercial instead of residential; with Commissioner O'Brien responding that is the master plan for the area; across the street is BU-1, north of the property is BU-1 and groves, adjacent to it is BU-1 and south of it is SR. He stated he does not want to deny Ms. Babcock the right to use her property, but personally he does not like it.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Item 8 as recommended by the P&Z Board. Motion carried and ordered unanimously. (See page for Binding Development Agreement.)

Item 9. (Z9810202) Angelo and Victoria M. Cagnina's request for CUP for alcoholic beverages on-premises consumption in BU-1 zoning classification on 0.35 acre located on the southeast corner of Clearlake Road and Tate Street, which was approved by the P&Z Board for beer and wine only.

Commissioner O'Brien advised the property to the east is BU-1 and adjacent property is BU-1, but all the traffic from the school come down Tate Street, and the children will have to walk pass the bar.

Attorney Jack Kirschenbaum advised it is not a bar because only beer and wine will be sold; Aurora Road Billiards is an example of the business; the building has transformed from a video arcade because a lot of people have those games at home; and it is an upscaled billiards hall. He stated Clearlake Road has 7/77 Stores that ell beer and wine; down the street is a bar; and they are sensitive to the issue and children. Commissioner O'Brien stated he does not want alcohol served; children from the school have to pass it; and it is a bar if it sells booze. Mr. Kirschenbaum responded it will only sell beer and wine for on-premise consumption and no package store. He noted it is becoming recreation for upscaled adult crowds.

Commissioner Carlson inquired if Mr. Kirschenbaum did a survey; with Mr. Kirschenbaum responding no, but in the immediate vicinity and across the street a 7/11 Store sells beer and wine; to the south a restaurant sells beer and wine; and Clearlake Road is a main thoroughfare with 7/11 Stores up and down it.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Item 9 as recommended by the P&Z Board. Motion carried and ordered; Commissioners Scarborough and Carlson voted nay.

Item 10. (Z9810301) Gail Gasperini's request for change from AU to RR-1 on 2.78 acres located on the east side of Corey Road, south of Valkaria Road, which was recommended for approval by the P&Z Board.

Commissioner Higgs advised there is only one other RR-1 in the area; the rest is AU and it would be inconsistent with the properties surrounding it. Gail Gasperini inquired if Commissioner Higgs is saying her property should not be rezoned to RR-1; with Commissioner Higgs responding yes.

Commissioner Voltz inquired if there is access; with Commissioner Higgs responding Corey Road is to the left; the RR-1 on the map is not contiguous to this lot; it is 2.5 acres and is nonconforming AU as are others in the area.

Chairman Scarborough advised sometimes AU is used as a holding classification lie GU; sometimes the Board has to reach out knowing things will evolve; and it does not know that everything will remain AU as it moves on or whether it will be inconsistent with AU. Commissioner Higgs stated sometimes the Board assumes that is the natural flow, but there is a real commitment to farm animals in that area; AU has taken hold and RR-1 has not; and the rezoning will change the way the neighborhood is right now. She stated AU is proper as properties are developing with AU zoning.

Commissioner Voltz inquired if there were any objections; with Mr. Enos responding there were no letters of objection to the Board of County Commissioners or the P&Z Board.

Ms. Gasperini stated all the property to the south have 1.3 acres; Commissioner Higgs is referring to property to the north which has ten acres. Mr. Gasperini stated the ten acres to the north of their property is the last large parcel and is owned by the Nashes; everybody has 1.3 acres; nobody opposes it; he wants to divide his property in half; and the property is on Corey Road which is paved. Commissioner Higgs advised they are grandfathered in as AU with that size. She stated it is not the size of the lot, but AU versus RR-1; and repeated conflicts between the classifications. She stated it should remain AU and there is no compelling reason to go to RR-1 since the character of the area is AU. Mr. Gasperini stated most of the area is residential and the Nashes said they will split their property up like he has done. Ms. Gasperini stated 1,000 feet from their property is Bear Creek. Motion by Commissioner Higgs, to overrule the P&Z Board's recommendation and deny Item 10. Motion died for lack of a second. Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Item 10 as recommended by the P&Z Board.

Commissioner Higgs stated the rezoning will allow twice the density that is there; the roads, drainage, and other issues are not ready to accept what the Board is doing; the character of the area is not compatible with RR-1; and she has been to Bear Creek which is a development in itself. Chairman Scarborough stated if higher density brings drainage problems, it will not come overnight, and they can deal with it. Commissioner Higgs stated this is an old area with no ability to control development and have someone put in improvements, so the density is the key. Mr. Gasperini stated he will not have drainage problems because his land is high and on a paved road.

Chairman Scarborough called for a vote on the motion. Motion carried and ordered; Commissioners Higgs and Carlson voted nay.

Item 11. (Z9810302) Grant Volunteer Fire Department of Brevard County, Inc.'s request for change from AU with CUP for fire station to GML on 0.91 acre located on the southeast corner of 1st Street and Avenue B, which was recommended for approval by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Item 11 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 12. (Z9810401) David B. and Bonnie Sue Smith's request for change from GU to BU-2 on 0.3780 acre located on the south side of SR 520 west of Burnett Road, which was recommended for approval by the P&Z Board.

Commissioner Carlson advised the property is located on a major transportation corridor. Commissioner Voltz inquired if additional buffering will be provided; with David Smith responding it is on R 520 and on the west side is Florida Highway Patrol Station with a ditch and trees that are grown up and the other side is U.S. Marine facility. He stated they just want to rezone it to make it compatible with the rest of his property in that area.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item 12 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 13. (Z9810402) Norman G. Earley and Carrie L. Earley, Trustees of the Earley Family Trust's request for CUP for alcoholic beverages on-premises consumption in AU zoning classification on 1.1 acres located on the south side of SR 520 at the Orange County Line, which was recommended for approval by the P&Z Board.

Commissioner O'Brien inquired if that is where the fish camp is; with Attorney Robert Beals, representing the applicants, responding it is the fish camp which was grandfathered in for beer and wine and no CUP was granted for the property. He stated the tenant has terminated the least and the Earleys are going to operate it; and that is why they are seeking a CUP to serve beer and whine that was being done before.

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

Item 14. (Z9810501) Shepard Broad's request for change from RU-1-9 to RU-2-30 on 0.9630 acre located on the northwest corner of Highway A1A and Harris Boulevard, which was denied by the P&Z Board.

Commissioner Voltz advised she worked out a BDP with the residents and Jason Steele who is representing the applicant.

Jason Steele advised the property is consistent and in compliance; because of the homeowners' concern, he compromised to do a variety of things; and Commissioner Voltz was instrumental in

putting it together. He stated his client will abide by the 15 unit cap; townhouses not more than two stories, 30 feet maximum height, and no flat roof; and development will not have ingress/egress on the southern boundary.

Commissioner Voltz advised Item 4 says one driveway along the south boundary; however, they agreed to no ingress/egress on the south boundary. Mr. Steele advised there will be no entrance from the southern or western boundaries; and the entrance will be from A1A only. Commissioner Voltz advised provides for a concrete wall. Mr. Steele advised they prefer an opaque landscaped ten-foot buffer of native vegetation six feet in height. Commissioner Voltz inquired about Flora Beach Estates' wall and lights; with Mr. Steele responding the developer will leave the Flora Beach sign even though it encroaches on his property. Commissioner Voltz inquired about the developer providing room for a school bus stop; with Mr. Steele agreeing. Commissioner Voltz recommended Item 9 require notice to residents within 1,000 feet instead of 500 feet of the property; with Mr. Steele agreeing.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to overrule the P&Z Board's recommendation and approve Item 14, with a binding development plan providing for a cap of 15 units; townhouse type development of no more than two stories with the first level being a ground floor and the maximum height of 30 feet instead of 35 feet measured in accordance with Brevard County Code, and no flat roofs; the development would have no point of ingress or egress along its southern and western boundaries unless mandated by DOT and Brevard County, and entrance just on A1A; developer provide a ten-foot wide opaque landscaped native vegetation buffer along the western boundary; a homeowners association be created which would be responsible for maintenance; the developer allow the homeowners in Flora Beach Estates to continue to maintain their subdivision entrance wall; developer provide room for school bus stop and shelter near A1A and Harris Boulevard; and amendments to the BDP could be approved by the Board only after written notice is given to all owners in Flora Beach Estates located within 1,000 feet of the property and after public hearing concerning the amendments. Motion carried and ordered unanimously.

Item 15. (Z9810502) Juan C. and Nilda S. Chabrando's request for change from AU to RR-1 on 2.4 acres located on the south side of Pinewood Road, east of John Rodes Boulevard, which was recommended for denial by the P&Z Board.

Nilda Chiabrando advised they want to divide the property into two lots; they live on the south half and plan to build a house and comply with all the regulations for a single-family house; and requested they be allowed to do that. She stated there are two houses in front of their house; there are 11 houses on their side of the street and 13 on the other side, so one house is missing; and the one house is the one she is trying to build. She stated they have 541 feet on the front and Lot 88 has 440 feet with two houses.

Commissioner Voltz advised there are five-acre tracts out there, so the rezoning would be out of character and not in compliance with the neighborhood, so she will not support it.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to deny Item 15 as recommended by the P&Z Board.

Commissioner Higgs advised she will support the motion, but wanted the Board to realize the same issues exist with Item 13. Commissioner Voltz stated 1.3 acre lots are already part of the structure of the neighborhood in Item 13. Commissioner Higgs suggested the Board give more consideration the next time it has a similar application.

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

Item 16. (Z9810503) Donovan G. and Diana E. Davis and D & D Tractor and Truck Service, Inc.'s request for change from GU and AU to AGR and CUP for land alteration on 40 acres located on the west side of Babcock Street, north of Micco Road, which was recommended for approval by the P&Z Board.

Commissioner Voltz inquired if there is a house on the property; with Ben Elliott responding no, the eventual plan is for a single family residence, but they are taking it one step at a time and have land alteration, then grove and then home.

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

PUBLIC HEARING, RE: PORT ST. JOHN DEPENDENT SPECIAL DISTRICT ADVISORY BOARD RECOMMENDATION OF OCTOBER 7, 1998

Chairman Scarborough called for the public hearing to consider the recommendation of the Port St. John Dependent Special District Advisory Board, made at its public hearing on October 7, 1998, as follows:

Item 1. (PSJ81001) Rick A. McCrary and Kim R. McCrary's request for change from RU-1-9 to AU with Specific Use for residential nursery only with no bulk storage of mulch and stone on 2.97 acres located on the northeast corner of Fay Boulevard and Alderwood Avenue, which was recommended for approval by the Port St. John Dependent Special District Advisory Board.

Commissioner Voltz advised of a nursery in her District that produces dust and filth adversely affecting the owner of the house next to it; and stated the issue is sod. She inquired if Mr. McCrary will have sod; with Rick McCrary responding he will not sell sod; the property is heavily wooded; it is a botanical garden in the middle of Port St. John; and he applied for AU so he can keep it there.

He stated he has no plans for high commercial landscaping, and only plan to provide plants for residential houses. Commissioner Higgs inquired if Mr. McCrary will include no sod in the statement of no bulk storage of mulch; with Mr. McCrary agreed.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 1 as recommended by the Port St. John Dependent Special District Advisory Board, and with no sale of sod. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADMINISTRATIVE REZONING OF OCTOBER 5, 1998

Chairman Scarborough called for the public hearing to consider the recommendations of the P&Z Board, made at its public hearing on October 5, 1998, regarding administrative rezoning as follows:

Zoning Official Rick Enos advised the P&Z Board had a problem changing the setback from 7.5 to 10 feet; and stated staff could develop an ordinance to allow them to have their original setback.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to move forward with an ordinance on setbacks to allow the property owners to have their original setbacks. Motion carried and ordered unanimously.

Item 1. Vincent P. and Maria Taranto, Parcel 503.1. Change from RU-2-10 to TR-3, which was recommended for approval by the P&Z Board.

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

Item 2.a. through z. Robert M. Cocuzza; Constance M. Bath; Neil J. and Rebecca W. Hayes; Hugh F. and Judith A. Bath; Robert L. and Carol S. Trow; Raymond C. and Lucille M. Bates; Carl A. and Faith K. Biccilli; Edwin L. Jr. and Marion A. Collishaw; Stacey A. Poulos; Thanos P. Poulos, Trustee; Bank United; Herman J. and Mary Rabenbauer; George H. and Stella S. Rinehold, Trustees; Deborah L. Howie; Ronald M. Perry; Virginia Reed; Howard E. Mylott; John J. and Patricia Burke; Mary F. Van Ryswood; Michael F. and Mary S. Curran; L. M. Throneburg III, Donna Throneburg, et al; Charles I. and Janice E. Duggan; Glen J. and Marjorie A. Kane; Walter R. and Beverly Ann Rossman; and Steven A. and Carol L. Fork, change from RU-2-10 to RU-2-8 which were recommended for approval by the P&Z Board, and table Item 2.z., Saundria G. Taldo.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Items 2.a. through z. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 3. Ernest A. Desantis and Isabelle C. Finnell. Change from TU-1(2) to TU-1(7), which was tabled by the P&Z Board to its January, 1999 meeting.

Ernest DeSantis stated he just found out about the meeting, and that the item was tabled until January, 1999; he has some paper work about pre-existing use; but he cannot expand the motel, and is locked in with what he has. He inquired if it would help to have signatures from people in his neighborhood, or if it is a moot point.

Commissioner Higgs advised pre-existing use gives certain rights. Mr. DeSantis stated he was told he can expand the size of the units by 25% but cannot add units.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table Item 3 to January 28, 1999 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 4. Charles W. and Shirley M. Echols. Change from TU-1(20) to TU-1(5), which was tabled by the P&Z Board to its January, 1999 meeting.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table Item 4 to the February, 1999 P&Z meeting and March 4, 1999 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Items 5. a. and b. D. R. Jr. and Marie Laflin, and D. D. Management Enterprises, Inc. Item 5.a. was tabled for six months at the request of the owner, and Item 5.b. was recommended for approval by the P&Z Board from TU-1(20) to TU-1-9.

Dan Laflin advised he bought the motel with 30 units per acre; he applied for zoning and TU; and now they want to take it away from him. He requested the item be tabled so he can join Gary Coppola.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table Item 5.a. to the February, 1999 P&Z meeting, and March 4, 1999 Board of County Commissioners meeting; and approve Item 5.b. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Items 6.a. through u. Thomas A. Eason, Jr., and Kux-Eason, P.A.; Richard J. Wagonseller and Malcolm E. McLouth, Trustees; Donald and Beverly A. Berard, Trustees; Margaret M. Hoffman; Mariano and Nancy Stefano; Hans Luescher and Roger Luescher; Pauline B. Fleming, Trustee; Robert F. Jr. and Mary L. Perry; Marshall and Margaret M. Reeves; Community Chapel By The Sea, Inc.; William W. and Amy R. Klemann; Mary Ann Tamayo; Charles B. and Carol E. Draper; Black and Red, Inc.; Frank M. Townsend, Mary S. Townsend, et al; Mary S. Spathopoulos; Robert G. Mennis; Robert D. and Theresa Luca Mowry; Louis R. and Evaline Campanile; Vicki H. Limberis; and Bruns Culbertson and Associates, Inc. Change from RU-1-13, RU-2-4 and RU-2-8 to RR-1, which were recommended for approval by the P&Z Board with Code amendment addressing setback change; except 6.a. Thomas A. Eason, Jr. Trustee and Kux-Eason, PA and 6.u. Bruns Culbertson and Associates, Inc. which were withdrawn by staff.

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

Items 7.a. through f. Elbert B. and Nydia J. Dixon; James R. and Nicholas A. Peo; John M. Collins, Trustee; Barefoot Bay Recreation District; Richard U. and Elisa M. Young; and Kathryn Clinton Crawford. Change from RU-2-4 and RU-2-6 to RR-1, which were recommended for approval by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Item 7 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Items 8.a. through i. American Financial Life Ins. Co.; Christopher F. and Dianne L. Legris; Gary B. Frese, Trustee; Edward E. and Connie J. Humphreys; Herman G. Hartman, Jr.; Rose Marie and Albert Jeanniton; Harold K. and Sarah K. Skramstad; Charles R. and Nedra E. Borders; and John C. and Anita B. Easton. Change from RU-2-4 and RU-2-10 to EU, which were recommended for approval by the P&Z Board except Items 8.h. and 8.i. which were withdrawn by staff.

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

Items 9.a. and b. Brevard County and State of Florida IITF/Archie Carr Sea Turtle. Change from RU-2-4 to GML(P), which were recommended for approval by the P&Z Board, except Item 9.a. which was withdrawn by staff.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Item 9 b. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Items 10.a. through m. Theodore R. and Charlene D. Carey; Clyde E. Allen; Aaron S. Landis, James Fluck, et al; Agnes G. Stage; Robert James and Beverly Ann Bozung; C. Richard and Elizabeth Donovan; Gerald L. Giacomino; Thomas J. and Lee Ann McCormick; Martin J. and Sharee Budnick; Lee Ann Saltzman; Kenneth S. and Zollie P. Reed; John and Sheila W. McCarthay; and Jack and Edith Dinnan. Change from RU-2-10 and RU-2-10(4) to RU-2-4, which were recommended for approval by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Items 10.a. through m. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Items 11.a. and b. Kaleny Limited of Florida, Inc.; and Gary Coppola. Change from TU-1(20) to TU-1(4). The P&Z Board tabled Item 11.b. for six months at the request of the owner, and Item 11.a. was withdrawn by staff.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table Item 11.b. to the February, 1999 P&Z Board meeting and the March 4, 1999 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Items 12.a. and b. Clyde W. Brown and David L. and Gail H. Vastola. Change from RU-2-4 and RU-2-10(4), to EU-2, which were recommended for approval by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Items 12.a. and b. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 13. Connie Petzold. Change from RU-2-10 to RU-2-6, which was recommended for approval by the P&Z Board.

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

Item 14. The Woodlands Homeowners Association of South Melbourne Beach, Inc. Change from RU-2-4 to EU-1, which was recommended for approval by the P&Z Board.

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

Items 15.a. through ff. Lanny R. and Cynthia K. Mitchell; Donald W. and Patricia E. McMillan; Michael P. and Jeannie Stevens; James E. and Carol R. Rosasco; Compass Rose Corp.; Daniel M. Bellucci; Richard King Mellon Foundation; Alojzy and Elizabeth Kondracki; Robert C. and Toni K. Hall; John C. and Mary F. Stewart; Ruth K. Taylor; Herbert J., Jr. and Dorothy H. Uhl; Joseph M. Donnan; Wayne and Tracy Adams; Robert J. and Dorothy C. Stanley; Frank C. and Agnes B. Buzzes, Trustee; Ronald A. and Ellen R. Abbot; Jane V. Bruns, Trustee; Lucille A. Miano; Normand and Joyce C. Nault; Dean C. and Valerie L. Fulton; Jerjef Construction, Inc.; Stanley G. and Mona X. Houghtby; Martin B. and Peggy E. Robinson; Gary B. Frese, Trustee; Robert J. Palazzi; Robert D. and Nancy C. Spencer; Dan and Sandra Mulkey; Albert and Rose Marie Jeanniton; Mark R. Merritt; Bowers Espy; and Victor G. and Kathleen A. Abbey. Change from AU, RU-1-9, RU-1-11, RU-2-4, RU-2-6, and RU-2-10, to SR, which were recommended for approval by the P&Z Board.

John McCall, representing Lanny Mitchell, advised the property is going from a lot size of 6,600 square feet to half an acre. Commissioner Higgs advised the Board is not changing the dimensions of the property, only the zoning which would allow for a single-family home; and the current setbacks will be maintained. Mr. Enos advised the current zoning is RU-1-9; the proposed zoning is SR which is half-acre lots; it was based on the density of two units to an acre; and the setbacks will be the same, but the minimum lot size will change to half an acre. Mr. McCall stated it will change the ability of having two more lots and reduce the value. He stated it is 1.7 acres; it has a home on it that was built in 1948; and with the new zoning it would not be possible to have two more lots. Commissioner Voltz stated they would have to tear down the residence that is there and make two more lots; with Mr. McCall responding that would be drastic, and he is not sure it can be done.

Sal Aleguas advised the property has 215 feet on A1A; the ocean is a federal preserve; the aerial shows the homes around the property; and it will lose its value if restricted. He stated they want to keep it the way it is and keep the property rights of the owner. Commissioner Voltz stated if the house is not torn down, nothing will change; with Mr. Aleguas responding that is not true; it is possible to divide it into two more lots as it is; but if it is changed, it will depreciate the property. Commissioner Voltz inquired if it is two more lots than what is there already; with Mr. Aleguas responding yes. Mr. McCall stated it would leave the existing house and have two more lots, but if the change occurs, only one more lot can be created.

Commissioner Higgs advised the Comprehensive Plan was amended in 1993; the County is at the end of the process to bring the zoning into compliance with the Comprehensive Plan; and it needs to proceed with the administrative rezoning of SR to be consistent. She stated the Board needs to do what it has done with the rest of the properties; and if it changes this property, it would have to re-look all the others. She stated there is still use of the property with a home and the ability to at least have one more development lot.

Mr. McCall advised in this situation, there are similar contiguous property with four lots with four houses; when the property owner bought the property in 1995, he paid a premium because two more lots could be created; and he is not trying to increase the density, but wants the same as what is next door. He noted leaving it the same would still be less density than what is next door. He stated he does not know how inconsistent that would be with the Comprehensive Plan, but it would be consistent with protecting the landowner's rights.

Commissioner Voltz stated if all the people had an opportunity to object and did not do it, and someone does object, the Board needs to go along with what they are requesting because they are the ones who have the financial interest in the properties. Commissioner Higgs stated the property was sold in 1995 after the Comprehensive Plan change occurred in 1993, so she will support the P&Z Board's recommendation.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Item 15.a. as SR, as recommended by the P&Z Board. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Items 15.b. through ff. as recommended by the P&Z Board, with a Code amendment addressing setback changes. Motion carried and ordered unanimously.

Items 16.a. through f. Thomas Stevens, James P., Jr., and Ernestine D. Kelly, Trustees, Robert E. and Joann S. Schuett, Southern Bell Telephone and Telegraph, Mary P. Reiley, and Clifford L. and Julie A. Gelman. Change from RU-2-4 to SR, which was recommended for approval by the P&Z Board with recommended Code amendment addressing setback change.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Items 16a. through f. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Items 17.a. through w. Michael and Mary Ellen Spetko, Frances N. Garrett, Marc and Phyllis Collins, Wren T. Reese, Trustee, Rosella W. Barrett, Jeffry G. and Terri Lynn Perry, George Guy, Christa B. Wiese, Thomas J. and Susan D. Mole, Harold K. Skramstad, Jr., Richard Magin, et al, Melbourne Beach Properties II, Inc.; William V., Jr. and Diana May Guy; Herbert M. Grossman, Trustee; Michael and Irene Goodman; Clay C. Schuett; John F. Biddulph; Henry, III and Diana Wardwell; Angela Jayne Peo; George W. and Nedra J. Maxwell; William E. and Jane C. Wild; Lawrence F. and Valerie J. Snapp; and Anthony T. and Charlotte Yacovino. Change from RU-2-4 to SR, which was recommended for approval by the P&Z Board, with Code amendment addressing setback change.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Items 17.a. through w. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 18. Brevard County. Change from PUD to GML(I), which was recommended for approval by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Item 18 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Items 19.a. and b. Brevard County, and State of Florida IITF/Sebastian Inlet State Park. Change from PUD and RU-2-4 to GML(P), which was recommended for approval by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Items 19.a. and b. as recommended by the P&Z Board. Motion carried and ordered unanimously. (See pages

for Zoning Resolutions.) Items tabled by the P&Z Board July 6, 1998 and Board of County Commissioners July 30, 1998.

Item 4.a. Gary J. Coppola. Change from RU-2-4 to EU, which was recommended to be tabled for six months at the request of the owner.

The Board tabled Item 4.a. to the February P&Z Meeting and March 4, 1999 Board of County Commissioners meeting earlier in the meeting.

Item 9.b. Kenneth E. Fulton. Withdrawn by staff as owner made application to change the Comprehensive Plan.

Upon motion and vote, the meeting adjourned at 7:31 p.m.

ATTEST:
TRUMAN G. SCARBOROUGH, JR., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)