The Board of County Commissioners of Brevard County, Florida, met in regular session on February 20, 1997, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, Assistant to County Manager Peggy Busacca, and County Attorney Scott Knox.

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

REPORT, RE: MEETINGS WITH COMMISSIONERS

Zoning Official Rick Enos advised he met with each Commissioner concerning zoning items to be considered on tonight's Agenda.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATION OF JANUARY 6, 1997, RE: ITEM 10

Chairman O'Brien called for the public hearing to consider the Planning and Zoning Board recommendation of January 6, 1997, Item 10 as follows:

Item 10. Robert E. Smith, Walter A. Cerrato, Jr., and Walter A. and Mary R. Cerrato's request for a CUP for Towers and Antennae (400-foot telecommunications tower) in an AU zone on 20 acres located 350 feet east of the eastern terminus of Black Gum Drive, which was approved by the Planning and Zoning Board with condition for a conservation easement as offered by the applicant.

Commissioner Scarborough advised of his meeting with the applicant, staff and other individuals at the site on Black Gum Drive.

Mary Hansen, Attorney for OPM-USA, Inc., advised of a site visit with Commissioner Scarborough, staff and neighborhood residents; and outlined the principal unresolved concerns. She submitted a report from Ron Crouse, Certified Property Appraiser, and Dick Allen, an MAI appraiser, concerning property values; and noted the application package includes a certified set of structural drawings. She advised approval will be subject to a conservation easement; and described the site. She introduced the other members of the OPM-USA, Inc. team.

Ron Crouse, Appraiser representing OPM-USA, Inc., advised of studies showing how communication towers impact or do not impact areas, including little, if any impact, to rural or commercial properties. Ms. Hansen inquired if the proposed tower would have no adverse effect on property values; with Mr. Crouse responding that is correct.

Discussion ensued on performance bonds, camouflaging of towers, and setbacks.

John Mortellite, Vice President of OPM-USA, Inc., advised the nearest home to the tower is 600 feet; and the owner of the home has no problem with the tower. He submitted photographs; and addressed concerns about radio frequency emissions, ANSI and IEEE standards, and compliance with FCC regulations.

Discussion proceeded on setbacks, color of towers, 100-watt output per antenna, distance between towers, period of time for the CUP, bond for tower removal, number of antennae per tower, and construction window.

Mr. Mortellite stipulated if the tower is not used for six months, it will be taken down; with County Attorney Scott Knox advising it can be made a condition of the CUP. Discussion resumed on CUP going with the land and need for competent and substantial evidence in order to deny.

Rick Rewiski, representing Florida Department of Management Services, spoke in support of the tower.

Charles Pfaff, Pat Pfaff, and Trish Morris spoke in opposition to the tower.

Commissioner Higgs inquired about distance to other towers. Ms. Hansen advised of the location of existing towers, provisions in other Ordinances for separation of towers, protection of wetlands, co-location of towers, visual impact of towers, buffers, and differences between towers and commercial entities. She outlined reasons for the Board to approve the request.

Discussion ensued on the character of the area, size of the tower, location of tower, adjoining residential property, provisions in Ordinances of other counties for separation of towers, removal of the tower, and expiration of the CUP.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to overrule the Planning and Zoning Board and deny Item 10, CUP for Towers and Antennae.

Mr. Knox advised in order to be consistent with the Telecommunications Act, the Board should direct staff to prepare an order to deny.

Motion by Commissioner Scarborough, to table consideration of Item 10 to March 20, 1997 meeting of the Board of County Commissioners, and direct staff to prepare an order for denial based on information provided by Commissioner Higgs and photographs indicating the closeness of the proposed tower to residential development.

Ms. Hansen objected to including Commissioner Higgs' information since it was not part of the public hearing. Commissioner Higgs advised she has no problem being cross examined regarding the information. Ms. Hansen indicated intent to not cross examine Commissioner Higgs. Commissioner Scarborough noted the photographs were provided by the applicant. Commissioner Higgs noted the person who submitted the map was a part of the public record; and the applicant had an opportunity to respond.

Commissioner Cook seconded the motion. Motion carried and ordered; Commissioner Voltz voted nay.

Chairman O'Brien announced Item 10 has been tabled to March 20, 1997. Discussion ensued on opportunity to comment on the Order.

The meeting recessed at 6:38 p.m. and reconvened at 6:50 p.m.

*Ms. Busacca's absence was noted at this time.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF FEBRUARY 3, 1997

Chairman O'Brien called for the public hearing to consider the recommendations of the Planning and Zoning Board made at its February 3, 1997 meeting, as follows:

Item 1. Baytree Corporation of Brevard's request for removal of the stipulations on a BSP in a BU-1 zone on .80 acre located on the northwest corner of Capron Trail and Bedford Drive, which was withdrawn by the applicant.

The Board accepted withdrawal of Item 1.

Item 2. William J. and Marilyn Eakin's request for CUP for the Sale of Alcoholic Beverages for On-Premises Consumption in a BU-1 zone on 1.38 acres located on the east side of U.S. 1, approximately 0.24 mile north of Post Road, which was approved by the Planning and Zoning Board to a depth of 200 feet associated with a restaurant.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Item 2 as recommended by the P&Z Board.

Commissioner Cook advised the applicant must still meet all State requirements for a liquor license.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

*Ms. Busacca's presence was noted at this time.

Item 3. James and Wilhelmina H. Holloway's request for CUP for Towers and Antennae (maximum 550 feet) in an AU zone on 62.2 acres, located on the east side of I-95, approximately 0.23 mile west of Martin Road, which was approved by the Planning and Zoning Board.

Mike Selig, representing the applicant, advised the applicant already has a CUP for a Tower up to 270 feet which was issued in 1984; and the request is for an increase in height. He advised of distances from adjacent properties; and described the area.

Discussion ensued on location of property in relation to power lines, concern about height, distance from other towers, distance to residential properties, concern about visibility of tower, and less need for other towers.

Mr. Selig advised of his ability to have a shorter tower and the reason for the request for additional height.

Discussion resumed on aesthetics, encouraging co-location, Commissioner-location leading to monopolies, criteria for co-location, time period for CUP, setbacks from residential development, and location of other towers.

Commissioner Cook inquired about the type of tower proposed; with Mr. Selig advising it is a lattice tower. Commissioner Cook indicated he cannot support a lattice tower of that height; and if he was going to approve anything tonight it would be for a 312-foot tower with other stipulations. Discussion ensued on tower heights and types and need to go above power lines to avoid signal interference. Mr. Selig stated he can accept a 400-foot tower; the power lines create a hardship; and he does not want any stipulations that would take away from the existing CUP. County Attorney Scott Knox advised by applying for extension of the existing CUP, it opens it up for the Board to impose additional conditions. Mr. Selig advised he is not requesting an extension; the application is for another CUP. Mr. Enos advised there is no tower on the property now; there is a CUP; and it is a matter of opinion whether this is an extension of the existing CUP or a new CUP; but the applicant's intent is for this to be a second tower on the same property.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to overrule the Planning and Zoning Board and deny Item 3. Motion carried and ordered unanimously.

Item 4. James A. Fisher's request for a CUP for a Truss Manufacturing Plant in an IU zone on 2.91 acres located on the south side of Paint Street at its easternmost terminus, which was approved by the Planning and Zoning Board with stipulation that all construction of trusses be done inside as offered by the applicant.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Item 4 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item. 6. Gary J. Coppola's request for a change from PUD for a Water Treatment Plant to RU-2-4 on 198.7? acres located on the west end of Senne Road, which was tabled by the Planning and Zoning Board to its March 3, 1997 meeting as requested by the applicant, with reprocessing fee required.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table Item 6 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

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

Item 7. Harbortown Marina-Canaveral, Ltd.'s request for a CUP for Sale of Alcoholic Beverages for On-Premises Consumption in a PIP zone on 23.95? acres located and having frontage on the north right-of-way for Lambert Drive, approximately 0.40 mile west of North Banana River Drive, which was approved by the Planning and Zoning Board.

Commissioner O'Brien inquired about the proposed business; with Attorney Leonard Spielvogel advising it is a restaurant with seating capacity of 123 and potential for seating for 200, which is under construction.

Motion by Commissioner Cook, seconded by Commissioner Cook, to approve Item 7 with condition that it be limited to a restaurant. Motion carried and ordered unanimously.

Item 8. Ommie Jean Ellis and Delmas R. Ellis, Trustees' request for a CUP for Towers and Antennae in a BU-2 and AU zone on 14+ acres located approximately 1/4 mile north of S.R. 3, and approximately 600 feet east of Simmons Avenue, which was approved by the Planning and Zoning Board.

B. B. Nelson, representing the applicant, presented a map showing the location of all antennae in the County; and advised the vote by the P&Z Board was unanimous, as the member showed voting against was absent. He described the property; advised of approval from Kennedy Space Center; and explained the need for the tower. He presented a video showing the property. He advised the request meets all Ordinances and requirements.

Commissioner Higgs inquired about setbacks and reason for the location. Mr. Nelson advised the setback is 200 feet from the west property line; submitted a diagram of the property; and explained the need is to serve the KSC Visitors Information Center. Commissioner Higgs inquired about the consequences of increasing the setback; with Mr. Nelson responding it would not comply with the present Ordinance. He explained the disadvantages of having cellular phones operating from satellites.

Commissioner O'Brien advised the application was made prior to the moratorium, and there is no legal basis to deny the request.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 8 as recommended by the Planning and Zoning Board.

Commissioner Higgs suggested establishing conditions for the CUP, including provision for expiration of the CUP, minimum setback, and removal of the CUP if construction is not underway within six months.

Motion by Commissioner Higgs, to amend the motion to include conditions, (1) a 200-foot setback from all boundaries of the present property, (2) six-month construction window, (3) and expiration of the CUP after two years unless the tower is active.

Commissioner Cook inquired if Mr. Nelson has a problem with the conditions; with Mr. Nelson advising he will comply, contingent upon getting permits. Mr. Nelson commented on the letter from the Merritt Island Homeowners.

Discussion ensued on the conditions.

Motion amended by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 8 as recommended, with the following conditions: (1) a 200-foot setback from any all boundaries of the present property, (2) the CUP would be denied if construction has not begun by the end of six months providing all permits have been obtained, (3) and if the use is discontinued for six months, the CUP would terminate and the tower would have to be removed, and if not removed, it would be a violation of the Zoning Ordinance.

Commissioner Cook explained why he can support this tower.

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

Item 9. J.J.K. LC Company and Heinz Knobel's request for CUP for Private Heliport in SEU zone on 15.7 acres located on the west side of South Tropical Trail, approximately 0.32 mile south of Tequesta Harbor Drive, which was approved by the Planning and Zoning Board.

Commissioner O'Brien advised of previous request for heliport and the ensuing court actions.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 9 as recommended by the Planning and Zoning Board.

Commissioner Cook requested approval be subject to the original limitations.

Attorney Jerry Trachtman, representing the applicant, advised the applicant will comply with Ordinance 95-04. Commissioner Higgs inquired if all takeoffs and landings will be over the water; with Mr. Trachtman responding the FAA license restricts takeoffs and landings to southeast to northwest which is over the rivers.

Motion amended by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 9 as recommended, with the stipulation that the applicant must comply with FAA regulations and Ordinance 95-04. Motion carried and ordered unanimously.

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

Item 10. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1 acre located on the south side of Soggy Bottom Avenue, approximately 0.23 mile east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 10, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 11. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1.26 acres located on the north side of Doug Williams Avenue, approximately 1/4 mile east of Satellite Beach, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 11, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 12. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1.26 acres located on the north side of Doug Williams Avenue, approximately 0.13 mile east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 12, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 13. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1.26 acres located on the north side of Eureka Avenue, approximately 0.28 mile east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 13, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 14. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 3.78 acres located on the south side of Dyson Avenue, approximately 455 feet west of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 14, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 15. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1.26 acres located on the south side of Mario Avenue, approximately 0.31 mile east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 15, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 16. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1.26 acres located on the north side of Mario Avenue, approximately 0.31 mile east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 16, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 17. Allen R. Long's request for change from GU to ARR on 1.03 acres located on the west side of Albert Lane, approximately 100 feet south of Terri Lee Avenue, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 17, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 18. James E. and Vicki L. Castro's request for change from GU to AU on 2.377 acres located on the north side of Date Palm Street, approximately 450 feet east of Fishtail Palm, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 18, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 19. Factory Outlet Furniture, Inc.'s request for change from BU-1 to BU-2 on 1.70 acres located east of U.S. 1, approximately .54 mile north of City Point Road, which was approved by the Planning and Zoning Board.

Commissioner Scarborough advised of his meeting with the applicant and his Attorney Richard Stadler; and submitted a memorandum outlining the conversation. He explained the necessity to have BU-2 to allow wholesale sales.

Rick Stadler advised a group of employees and customers who support the zoning action are present.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 19 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 21. Anthony J. Falanga and Nunzio Falanga's request for change from BU-1 to BU-2 on 1 acre located approximately 230 feet east of North Courtenay Parkway, and 0.31 mile south of Chase Hammock Road, which was approved by the Planning and Zoning Board for specific use to allow all permitted uses in the BU-1 zoning, and one use in BU-2 for personal storage mini-warehouses. Anthony Falanga submitted written materials; advised of meetings with Commissioner O'Brien's assistant, the Zoning Official, and the County Attorney; described his property; and explained the reason for his request. He explained the BU-2 zoning was not necessary when he purchased the property; and construction was limited at that time due to the high cost of the impact fees. He advised of the change in BU-1 in 1994 which did not include mini-warehouses or dry storage units; and stated he was not informed of the change. He explained the request for BU-2 with a specific use for mini-warehouses.

Bill Perdue described the area; and expressed opposition to the zoning request.

Mr. Falanga described the zoning of surrounding properties; advised his rezoning will not result in adverse impact to Hall Road; and he will join Mr. Perdue in opposing BU-2 on Hall Road. He explained why he cannot use his property.

Commissioner Higgs inquired about the number of warehouses proposed; with Mr. Falanga responding five to ten, with half the units to be used for personal storage of his diving equipment. Chairman O'Brien outlined the history of the request. Discussion ensued on other BU-2 properties in the area, setting precedent, change in allowable uses in BU-1, lack of notification, and recommendation of the Planning and Zoning Board.

Commissioner Cook inquired if Mr. Perdue objects to the warehouses being on the site; with Mr. Perdue responding he objects to things that go along with warehouses such as auto repair shops. Mr. Enos advised the restriction to personal storage mini-warehouses would not allow businesses.

Mr. Perdue advised of his objection to setting precedent.

Commissioner Scarborough addressed intensity of use; and suggested limiting hours. Discussion ensued on limiting intensity of BU-2, diminishing quality of neighborhoods, restrictions on BU-2, and perceived problems.

Chairman O'Brien inquired about including a note for restrictions on the BU-2; with Mr. Enos responding if the Specific Use provision is used, the initials S.U. are included after the BU-2. Discussion ensued on the size of the property and number of units. Mr. Falanga agreed to storage units being open from 8:00 a.m. to 6:00 p.m., area to be fenced, and no water or plumbing.

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

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Item 21, with Specific Use to allow all permitted uses in the BU-1 zoning classification and one use in BU-2 for personal storage mini-warehouses only, with conditions no activity before 7:00 a.m. or after 7:00 p.m., sign stating the hours of operation, no outside storage, no working or living in the units, and no running water or sewer in the units. Motion carried and ordered unanimously. (See pages for Zoning Resolutions.)

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

Mr. Enos inquired if the intent is to approve the existing BU-1 plus the one use in BU-2; with Chairman O'Brien responding affirmatively.

PUBLIC HEARING, RE: CONSIDERATION OF MIXED USE DISTRICT BOUNDARY REQUEST BY SCI FUNERAL SERVICES OF FLORIDA

Chairman O'Brien called for the public hearing to consider a Mixed Use District boundary request by SCI Funeral Services of Florida.

Commissioner Cook advised this is an extension of the existing funeral home; and inquired about the entrance to the cemetery. Roy Cowell responded 2,800 square feet of office space is being added; and advised of the location of the entrance.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, approved Mixed Use District boundary extension as petitioned by SCI Funeral Services of Florida. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 8:26 p.m.

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

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