The Board of County Commissioners of Brevard County, Florida, met in regular session on July 29, 1996, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, Assistant to the County Manager Peggy Busacca, and County Attorney Scott Knox. Absent was: County Manager Tom Jenkins.

Commissioner O?Brien led the assembly in the Pledge of Allegiance.

REQUEST FOR MEETINGS, RE: EVALUATION AND APPRAISAL REPORT

Assistant to County Manager Peggy Busacca requested approval to schedule two meetings in October, 1996 on the Evaluation and Appraisal Report (EAR).

Chairman Cook instructed staff to return to the Board with a schedule.

APPOINTMENT, RE: CITIZENS BUDGET REVIEW COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Rene Davis, 2577 S. Park Avenue, Titusville 32780, to the Citizens Budget Review Committee, replacing Ed Beck with term expiring December 31, 1996. Motion carried and ordered unanimously.

REPORT, RE: TOLL ON BEELINE

Commissioner O?Brien advised effective today, the toll on SR 520 has increased to 25 cents.

PUBLIC HEARING, RE: ZONING RECOMMENDATIONS OF JULY 1, 1996

Chairman Cook called for the public hearing to consider the recommendations of the Planning and Zoning (P&Z) Board made at its public hearing on July 1, 1996, as follows:

Item 1. Sundance Development, Inc. and Professional Investment Group, Inc.?s request for CUP for additional building height (total of 49 feet high above parking) in RU-2-15 zoning classification on 3.3? acres located on the east side of SR A1A, north of Boskind Road, which was approved by the P&Z Board.

Ed Fleis, President of Fleis Associates, Inc., and Attorney Ben Shoemaker, representing Sundance Development, advised of previous actions relating to the request and reduction of the requested height; stated it complies with Section 62-1902 for CUP?s and is consistent with the Future Land Use Element; described the project; and mentioned a binding concept plan addressing issues such as setback, parking, breezeway, etc. and a site plan which was submitted for review. Mr. Shoemaker introduced Exhibit C, a resume of Rochelle W. Lawandales, AICP, into the record.

Rochelle Lawandales, President of Lawandales Planning Affiliates, advised how she became involved in the project, and explained in detail her findings as contained in Exhibit D, which was presented as part of the record.

Tacy Daniel advised of previous actions and meetings regarding the proposed development; described surrounding developments; and indicated the developer said he can do it without additional height. Mike Daniel expressed concern about the beaches in Brevard County that are shared by everyone; suggested what can be done to stay within the 45-foot height maximum; and stated the County is not obligated to change its rules to maximize profit for developers. Bonnie Murphy supported keeping the 45-foot maximum height. Chris Swanson requested the Board deny the CUP as it would not benefit the community.

Jim Proesel, Sunshine Realty & Development, supported the request, stating people come here looking for something different, it is not in the way of the Airport, and it will give more character to the skyline. John Jastrzembski supported the request, stating a 9-foot ceiling is a highly desirable feature and it will not be detrimental to the skyline of the Air Force Base. Jerald Willoughby supported the request, and requested a favorable decision from the Board. Gregory Wood supported the request, and stated it is an upscale product in demand and will not be detrimental to the area. Hope Turner, realtor, requested approval of the CUP as it is a desirable feature. Stan Leavitt supported the request, and stated the four feet being requested will not hurt anyone. Tony Baker supported the request, and stated four feet will not make a visual difference.

Attorney Shoemaker advised the Board has heard those for and against the request; there are criteria in the Code; and they believe they meet those conditions.

Commissioner Higgs advised Mr. Fleis talked with her regarding this item and Jade Palm Development, and indicated the additional four feet is to create a higher ceiling and would not provide additional units. She presented a memo for the record on that conversation. She stated she reviewed the evidence in the map and reviewed the Code; and she identified a 45-foot high building to the north and single-family homes lower than 45 feet to the south. Commissioner Higgs stated in terms of consistency and compatibility, and in terms of what is described in the CUP Ordinance, the compatibility and general purpose of the Chapter would be upheld by holding the request to 45 feet. She stated she sees no compelling public interest to provide the waiver; nothing is taken away from the right of the property owner to construct nine-foot ceilings in a building should he choose to do that and wants to meet any kind of market demand; consequently, it would be consistent to leave the 45-foot height and deny the request.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to overrule the P&Z Board, and deny Item 1, based on the above-stated analysis by Commissioner Higgs. Motion carried and ordered unanimously.

Item 2. Welchwood Enterprises, Inc.?s request for change from AU to BU-2 on 7.219 acres located adjacent to the west side of I-95, north of U.S. 192 on the east side of Columbia Lane, which was approved by the P&Z Board.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to approve Item 2 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 3. Azan Temple Holding Corporation?s request for Small Scale Plan Amendment from residential to Mixed Use, and change of classification from AU to BU-1 on 10 acres located east of I-95 at the north end of Turtlemound Road right-of-way. The Local Planning Agency recommended denial of the Small Scale Plan Amendment which resulted in a 5:5 vote and no recommendation; and the P&Z recommended denial of the change from AU to BU-1 which resulted in a split vote of 5:5 and no recommendation.

Commissioner Higgs inquired if the request is consistent with the criteria in Policy 4.7 of the Comprehensive Plan; and Zoning Official Rick Enos explained the provisions of Policy 4.7 and stated staff questions whether it is consistent with the Policy.

The Board discussed the borrow pit, power lines down I-95, not waiving the policy, a binding development plan, Florida Power & Light Company easement, industrial property in West Melbourne, floodplains, vegetative buffer, Florida Department of Transportation property, and requirements of Policy 4.7.

B. B. Nelson, representing the Shriners, described the property and area in detail. He advised it is to build a temple on the southeast quadrant at I-95 and Pineda Causeway; the request of Item 4 for antennas has been dropped on the south side because it is too close to the Subdivision; and the two requests are for three billboards on 3,300 feet frontage on I-95 and one antenna on 39 acres.

Ted Beck, representing Azan Temple, advised it is the highest and best use of the property. Dan Britt, representing Azan Temple, supported the request. Ron LaClair, Potentate of Azan Temple, supported the request to help support the Shriners Children?s Hospitals. Attorney William Shaw requested approval of the request for billboard leases. George Pittman advised the 22 hospitals cost more than 400 million dollars a year and they need the leases to raise money. Charles Wells stated the change to BU-1 is consistent.

Richard White stated he is opposed to the request; the land is undeveloped and future plans are for residential use; the Pineda route is not exact; development needs to be consistent; and they need an overall plan. He stated the concern is Turtlemound Road will be the access to commercial development; and the letters from EKS and Windover Farms Association were sent to the Board. Chairman Cook inquired if Mr. White does not object to the billboards, but objects to other commercial use; with Mr. White responding absolutely.

Discussion ensued at length about the property, proposed amendment to the Sign Ordinance, commercial activity on the property or at the end of Turtlemound Road, amending the Comprehensive Plan amendment to 100 feet by 3,000 feet, and a binding site plan voluntarily submitted by the applicant.

Chairman Cook advised the applicant said the only use they perceive for the property is billboards; and inquired if the Board can take a 100-foot strip all the way down the property and make it for three billboards only through a binding site plan; with County Attorney Scott Knox responding if they voluntarily submit a binding site plan restricting it to that use, it can be done. B. B. Nelson stated they would be willing to accept 3 billboards and execute a binding development plan, provided it will terminate once the Pineda Causeway is extended.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve BU-1 on the west 100 feet with a binding development plan limiting use to maximum of three billboards only, as accepted by the applicant?s representative, with the understanding he can return for changes if the Pineda Causeway extension is put in and the area develops.

Discussion continued on the location of the billboards.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to amend the motion to approve a maximum of three billboards on a strip of land 100 feet by 3,000 feet of the ten acres located east of I-95 at the north end of Turtlemound Road, to be included in the binding development plan. Motion carried and ordered unanimously.

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

Commissioner O?Brien requested the lighting from billboards not glare on homes in Windover Farms; with Mr. Nelson responding if there is a problem, he will take care of it.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Ordinance adopting the Fourth Small Scale Plan Amendment 96S.4, changing property from residential to mixed use on the west 100 feet for Azan Temple Holding Corporation; and authorize the Chairman to sign the Ordinance and letter to Department of Community Affairs. Motion carried and ordered unanimously.

Item 4. Azan Temple Holding Corporation?s request for CUP for towers and antennae (2 communications facilities - monopole/one tower at 200 feet and one tower at 280 feet) in AU zoning classification on 10 acres located east of I-95 at the north end of Turtlemound Road right-of-way, which was approved by the P&Z Board for a 280-foot tower on the north end; and applicant withdrew the request for the 200-foot tower on the south end.

Attorney Paul Gougelman, representing the applicant, advised there was concern by a number of people at the P&Z meeting; it recommended approval because the opposition dropped since they orally amended their application to drop the monopole on the south end of the property so the only one is the lattice tower at the north end of the property that is about 3,000 feet away from Windover Farms.

Richard White advised they appreciate withdrawal of the south tower, but there is concern that the placement of the north tower may push the route of the Pineda Causeway south towards Windover Farms because of on and off ramps that may interfere with the tower. He requested that the site plan try and maintain at least 2,000 feet north of Windover Farms.

Discussion ensued on the proposed Pineda Causeway extension right-of-way and ramps, and location of the north tower.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 4 for a CUP for a 280-foot tower on the north end as recommended by the P&Z Board. Motion carried and ordered unanimously.

The meeting recessed at 7:24 p.m. and reconvened at 7:36 p.m.

Item 5. Cleora L. Albritton?s request for change from GU and RU-1-13 to BU-1 on 1.66 acres located on the west side of U.S. 1, south of Anderson Way, which was approved by the P&Z Board.

Joseph Alton, adjacent property owner, inquired if there will be a wall between his property and the property in question. Mr. Enos advised there is a requirement for a visual buffer, six feet in height, but it does not have to be a wall and could be a fence or vegetative buffer as long as it is opaque.

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

Item 6. Michael Gaich, Trustee?s request for CUP for alcoholic beverages for on-premise consumption in BU-1 zoning classification on 2.577 acres located on the south side of Suntree Boulevard, east of Wickham Road, which was withdrawn by the applicant.

The Board accepted withdrawal of Item 6.

Item 7. Sunwood Cedars? request for change from RU-2-10(6) with BSP and CUP for school to BU-1 on 2.5 acres located east of Wickham Road, south of Business Center Boulevard, which was approved by the P&Z Board.

Mr. Enos advised there is a school there and they wish to expand, so they need BU-1.

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

Item 8. Charles A. Rosseter Estate?s request for change from GU to EU-2 on 1.56 acres located on the west side of North Riverside Drive, north of Watson Drive, which was approved by the P&Z Board.

Attorney Joel Moss, representing the landowner and homeowner where the parcel is located, described the area, and stated the request is not compatible with the surrounding property; Mr. Rosseter sold the lot with deed restriction for only one residential home on the property; and the request will allow something contrary to the deed restriction.

Normand Allen, applicant, advised staff?s comments were favorable, it is consistent with the Comprehensive Plan; and all the lots north and south of the lot are considerably smaller and zoned EU.

The Board discussed compatibility with the character of the area, inability to leave the property in GU, house size requirements for GU and EU-2, and allowing two lots.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve Item 8 as EU-2 with binding development plan limiting it to two lots. Motion did not carry; Commissioners Cook and Ellis voted aye; and Commissioners Scarborough, O?Brien, and Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to overrule the P&Z Board and deny Item 8. Motion carried and ordered; Commissioners Cook and Ellis voted nay.

Item 9. Michigan National Bank?s request for change from RU-1-7 w/BDP to RU-1-11 on 15.1 acres located west of SR A1A and north of Seaview Street, which was approved by the P&Z Board with BDP for four units per acre to remain in place as agreed to by the applicant.

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

Item 10. Walter A. Nelson?s request for CUP for towers and antennae in GU zoning classification on 3.03 acres east of Babcock Street and north of Micco Road and Babcock Street intersection, which was approved by the P&Z Board.

Dwight Sliger, representing adjacent property owner, advised his client is out of the country and is concerned about negative impact; and requested the Board deny or postpone the item until his client returns and has time to review the site plan.

Attorney Paul Gougelman advised Prime Co. is franchised by FCC to erect cellular towers.

Doug Robertson advised the request is consistent with the Comprehensive Plan, meets all concurrency issues, does not generate traffic or odors, and has no noise; and the site is approximately 2,000 feet east of Babcock Street and does not impact surrounding property.

Discussion ensued on the clearing of the parcel, setback requirements, and zoning classifications surrounding the property.

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

Item 11. Deborah Lee Hobson?s request for CUP for commercial entertainment and amusement enterprise in BU-1 zoning classification on 2.66? acres located west of U.S. 1, south from the southwest intersection of Valkaria Airport Road and U.S. 1, which was approved with outside uses limited to putt-putt golf and go cart track as agreed to by the applicant.

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

Item 12. Salvatore Giambanco?s request for change from BU-2 to RU-1-13 on 0.251? acre located on the east side of U.S. 1 north of the intersection of 4th Street and U.S. 1, which was approved by the P&Z Board.

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

Item 13. Sam Furnari?s request for change from RU-2-15 to BU-1 on .6 acre located on the south side of Furnari Street, east of Clearlake Road, which was denied by the P&Z Board.

Sam Furnari gave the history of the property and requested approval of the change to commercial use.

Commissioner O?Brien advised the request is incompatible with surrounding properties and with Policy 4.4 as it is not located at a major or minor artery.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to deny Item 13 as recommended by the P&Z Board.

Discussion ensued on granting BU-1-A, ability to change the property to single-family residential use, and extending commercial further back than where it is at the present time.

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

Item 14. L. L. Fleckinger?s request for change from GU and AU to all AU on 38? acres located at the western terminus of Craig Road, which was tabled to the August 5, 1996 P&Z Meeting at the recommendation of the Board with no reprocessing fee required.

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

Item 15. Franklin D. Hardaway and Marie F. Hardaway, Trustees? request for change from BU-1 to RU-1-7 on 0.12 acre located on the southwest corner of 24th Street and SR A1A, which was approved by the P&Z Board.

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

Item 16. James W. Peeples, III, Trustee?s request for CUP for alcoholic beverages for on-premise consumption in BU-1 zoning classification on 1.62 acres located on the east side of SR 3, north of SR 520, which was approved with stipulation that it be in conjunction with a restaurant only.

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

Item 17. Marvin E. and Lillie Ann Green?s request for change from AU to RR-1 on 8.80? acres located south of SR 528, east of Friday Lane, which was approved by the P&Z Board.

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

Item 18. Omitted from the Agenda.

Item 19. Vernon E. Thomas, Jr.?s request for substantial expansion of pre-existing use (expand existing structure 1,300 square feet and expand to adjacent property for five parking spaces) in BU-1 and RU-2-15 zoning classifications on .147 acre located on the southeast corner of SR A1A and 35th Street, which was denied by the P&Z Board.

Walter Bowman, representing Bowman Architects and Engineers, described the area, advised of the purpose for the request, and that the request was denied because the expansion is beyond 25%.

Winston "Bud" Gardner read a letter into the record identifying concerns and issues, and requested the property remain residential.

Jerol Gardner requested the Board not expand commercial into their residential area.

Ruth Hurt advised Cocoa Beach denied the request, and requested the Board deny it.

George Hurt advised the residents are concerned about commercial expansion; it is a residential area; and any commercial expansion will degrade the area.

Walter Bowman advised it is a surf shop now; a motel is across the street; it will not impact residential area to the south; and they need to enhance the use which has been maintained.

Mr. Enos explained the pre-existing use; stated whether or not substantial expansion is appropriate is the question before the Board; and the request for parking spaces has been withdrawn.

Commissioner O?Brien stated it is inconsistent with the Future Land Use Map and with the residential character of the area.

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

Suzanne Biery, representing the applicant, inquired if the Board would approve 72 square feet so they can go to the bearing wall. Chairman Cook advised the item has been denied. Mr. Knox advised Ms. Biery is amending the application to further reduce it. Chairman Cook inquired if there is a motion to entertain the request.

Motion by Commissioner Ellis, to hear the presentation from Suzanne Biery. Motion died for lack of a second.

Item 20. Thomas W. Friddle, Jr.?s request for CUP for alcoholic beverages for on-premise consumption in BU-1 zoning classification on 0.43 acre located south of Fortenberry Road, and west of South Plumosa Street, which was approved by the P&Z Board with stipulation that beer and wine not be sold by the glass.

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

ANNOUNCEMENT

Zoning Official Rick Enos advised the remainder of the P&Z Agenda, Items 21 through 41, will be heard on August 8, 1996 at 5:30 p.m.

DISCUSSION, RE: METHODS TO PROVIDE HOUSING FOR ELDERLY FAMILY MEMBERS

Zoning Official Rick Enos advised staff was asked to describe what the County is doing and to come up with proposals to improve how elderly housing is provided; and staff made several recommendations, such as temporary mobile home as accessory use or on adjacent parcel, by CUP or as an administrative function. He stated other suggestions are a guest house with kitchen, and detached residences in multifamily classifications, all with several scenarios; and inquired if the Board wants staff to prepare an ordinance regarding housing for elderly family members.

The Board discussed "granny units", permitting, compliance of neighbors, criteria, sizes, no rezoning, administrative function, concern about permanent structures after the elderly member leaves, nursing homes, and the need for additional information on what other counties are doing.

The Board took no official action other than to request additional information.

Upon motion and vote, the meeting adjourned at 9:02 p.m.

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

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