[2:49] >>> board of county commissioners acts

[2:50] as a quasi-judicial body when it hears requests

[2:53] for rezoning and conditional

[2:55] use permits. Applicants must provide competent,

[2:56] substantial

[2:58] evidence establishing facts, or expert witness

[2:59] opinion testimony showing that the

[3:02] request meets the zoning

[3:04] code and comprehensive plan criteria. Opponents

[3:07] must also testify as to facts. The

[3:08] board must

[3:11] then decide whether the evidence demonstrates

[3:12] consistency and compatibility with

[3:14] the comprehensive plan and the existing

[3:16] rules in the zoning ordinance, property

[3:17] adjacent to the

[3:19] property to be rezoned, and the actual

[3:23] development of the surrounding area. The

[3:24] board

[3:25] cannot consider speculation, non-expert

[3:26] opinion testimony, or poll the

[3:28] audience by asking those in favor

[3:29] or opposed to stand

[3:32] up or raise their hands. If a commissioner

[3:34] has had communications regarding a rezoning

[3:35] or conditional use permit

[3:37] request before the board, the commissioner must

[3:41] disclose the subject of the communication and

[3:42] the

[3:43] identity of the person, group, or

[3:44] entity with

[3:49] whom the communication took place

[3:51] before the board takes action on the request. Like

[3:53] wise if the commissioner has made

[3:55] a site visit, inspection, or investigation, the

[3:57] commissioner must disclose that fact

[3:57] before

[3:59] the board takes action on the request. Each

[4:00] applicant is

[4:02] allowed a total of 15 minutes to present their

[4:03] request unless

[4:06] time is extended by the majority

[4:07] vote of the board. The applicant may

[4:09] reserve any portion of

[4:10] 15 minutes for rebus tat. Speakers

[4:12] may not pass their time to someone

[4:13] else

[4:14] in order to give that person more time to speak.

[4:18] >> good evening

[4:21] and welcome to the zoning meeting

[4:24] on july 11, 2024. I'd like to call

[4:25] the

[4:27] meeting to order. I'd like to

[4:30] start with a moment of

[4:33] silence. If we could, I'm not sure

[4:36] if all of you know, but former commissioner

[4:38] nancy higgs has passed away. I'd like

[4:39] you

[4:42] to keep that in mind for her family. Let's

[4:43] have

[4:45] a moment of silence.

[4:57] okay, thank you so much. Let's stand for the pledge.

[5:00] I pledge allegiance to the flag of the united states of america

[5:04] and to the republic for which it stands

[5:06] one nation

[5:08] under god indivisible with liberty and justice for

[5:12] all.

[5:21] okay, thank

[5:23] you so very much. I'm not sure, we've

[5:24] got a couple of different announcements

[5:27] we need to make on some of the agenda items. But

[5:30] before we get started, we had to cut

[5:33] our meeting short the other night,

[5:34] tuesday night,

[5:35] and I had something that I needed

[5:36] to get

[5:39] done as a request from the board,

[5:42] and that was I'm traveling to washington,

[5:45] d.c. With a group of 10 to 12 people on

[5:46] the

[5:47] brightline station, and I need the

[5:48] permission

[5:50] of the board to travel. Would somebody

[5:51] --

[5:52] >>

[5:54] so moved.

[5:55] >> a motion by

[5:57] commissioner pritchett. Second by

[5:58] commissioner

[5:59] tobia. Any discussion? All in favor

[6:00] signify by saying aye?

[6:01] >>

[6:01] aye.

[6:03] >> all opposed nay? Thank you very much.

[6:07] let's go right into the

[6:08] public comments, and we will go to

[6:13] h1, and

[6:16] jeff, go ahead,

[6:19] man.

[6:20] >>

[6:22] thank you, suzanne

[6:28] cook, request for

[6:31] a permit. Tax account number

[6:32] 2431745 located in district two. Mr. Chair,

[6:34] I wanted to point out during

[6:37] the planning and zoning board

[6:38] meeting, june 10, I mistakenly quoted

[6:40] the code

[6:43] of saying that the cup runs

[6:46] with the ownership,

[6:47] however, that's incorrect. It runs

[6:49] with the land. There is

[6:50] criteria for a guesthouse and one

[6:52] of that criteria

[6:55] is that

[6:58] the guesthouse cannot

[7:01] be rented out or used for short-term rental.

[7:02] >>

[7:04] okay,

[7:07] is

[7:13] ms cook here? Suzanne, please.

[7:16] >> I'm suzanne

[7:18] cook. The main problem was that we had just

[7:19] a

[7:22] few square feet short of an

[7:25] acre that was necessary. I do understand

[7:28] that I can't rent it out, and

[7:30] I have mentioned that casually to

[7:33] the fact that the economy is bad, and

[7:34] they asked

[7:36] me had I changed my mind, and I said

[7:37] certainly. I said

[7:40] I'll just sell the property if

[7:43] I

[7:45] can't pay the bills. That doesn't

[7:46] bother me.

[7:47] so the bottom line, that's it.

[7:48] >>

[7:49] okay, thank you

[7:52] so much. Commissioner goodson,

[7:54] do you have any comments?

[7:54] >> the only

[7:55] comment I

[7:56] would have. As long as she understands

[7:58] all the conditions, I

[8:00] have no problems with it. And you

[8:01] do

[8:02] understand all the conditions?

[8:03] >> yes, yes, sir.

[8:04] >> would

[8:06] you give us a motion, commissioner?

[8:07] >>

[8:07] yes, I

[8:10] would like for the approval

[8:13] and acceptance of this motion

[8:16] or this h1, yeah, h1, please.

[8:19] >> is there

[8:22] a second?

[8:23] >> second. >> any

[8:24] discussion? All in favor?

[8:24] >> aye. >>

[8:25] all opposed,

[8:26] nay? The motion carries. Thank you

[8:28] so very much.

[8:29] >> thank you.

[8:34] >> now jeff --

[8:36] >> mr. Chair, I think

[8:37] maybe commissioner goodson, do

[8:40] you want to say something on h2 before

[8:41] we start?

[8:42] >> on h2, I'd like to make a motion

[8:43] to continue

[8:45] the public hearing on this until november 7,

[8:46] giving the

[8:49] developer a chance to go back to the

[8:52] residence and see if he could

[8:55] come to a resolution of some sort

[8:56] that you're

[8:57] accepting with. I understand you're

[8:58] saying no, but

[9:01] let's give

[9:02] them 120 days. That's the motion.

[9:03] >>

[9:04] is

[9:06] there a second to that?

[9:07] >> jeff, do

[9:07] you want

[9:10] to say something first?

[9:11] >> okay. >> hold

[9:13] on, please. Just hold on.

[9:19] was there a second? Hearing no

[9:21] second to the motion, it fails. Let's

[9:22] go

[9:25] in had to jeff, please.

[9:26] >>

[9:27] thank you, mr. Chair. Item h2 is frank

[9:28] mastroianni, requests

[9:31] a change of

[9:34] zoning classification from

[9:37] bu-1

[9:39] and ru-2-10 to pud. Application numbers

[9:43] 23pud00001, tax account number

[9:46] is 2600118. Located

[9:48] in district two.

[9:48] >> yes, ma'am, go

[9:49] ahead.

[9:50] >> we already

[9:51] turned in all of our public records

[9:52] that I

[9:55] heard, except I did get

[9:58] a phone call today from miss debbie mayfield, mentioning

[10:01] the time limit that she had

[10:02] a concern being 120 days. I have to

[10:04] go ahead

[10:07] and let everyone know I heard

[10:10] from ms

[10:13] mayfield.

[10:14] >> mr. Chair,

[10:16] also regarding application

[10:17] 23pud00001 on july 11, the zoning

[10:21] --I spoke with mr. Michael via phone

[10:22] today, did not have time

[10:25] to put it in the call. It lasted approximately

[10:27] five minutes, during which we discussed

[10:30] his opposition to the item. Again,

[10:31] I did not have time to submit

[10:33] that since it happened today.

[10:34] >> yes,

[10:34] I've

[10:36] got a question.

[10:37] >> yes, sir? >> if

[10:37] we can't

[10:39] give people an opportunity to go back,

[10:40] they're very aware of

[10:43] the fact that they will probably

[10:45] not get what they requested. But we can't

[10:46] even allow them to have

[10:48] open discussions again to see if they

[10:49] can come to some resolution?

[10:52] >> okay.

[10:58] please do not do this tonight, okay. I

[10:59] know

[11:00] everybody is uptight and concerned,

[11:01] so we're going to get there this

[11:04] and do it in an adult fashion, and

[11:06] no talking from the audience. I would

[11:08] very much appreciate that. Thank you so very much.

[11:10] commissioner,

[11:12] if you'd like to try your motion one

[11:13] more time, try your motion one more time.

[11:16] >> well, yes, I

[11:19] would like to try the motion again. To

[11:20] give

[11:21] them the opportunity to go back and

[11:22] work with these people and

[11:24] come back. They're going to come through the

[11:25] same process. They're going to

[11:27] have to come back to planning and

[11:28] zoning with a new

[11:31] idea if it

[11:34] is acceptable to the people.

[11:35] >> is there

[11:37] a second?

[11:38] >> just a quick question. I don't think that

[11:40] motion, if we table it until that

[11:43] had date, I don't think that motion

[11:44] proceeds going

[11:44] back to planning and zoning. There

[11:46] is no necessity to go back to

[11:48] planning and zoning.

[11:48] >> wouldn't they

[11:49] go back? I'm

[11:51] sorry, mr. Chairman?

[11:51] >> yes, sir. If

[11:52] they come

[11:54] up with a different zoning criteria

[11:55] for a number

[11:58] of units, would they not have to go back

[11:59] for

[12:00] approval to zoning for that? I don't

[12:01] know, you tell me.

[12:04] >> mr. Chair? >> yes, sir, go

[12:05] ahead.

[12:07] >> if I was looking at this,

[12:07] I would

[12:10] make that extremely

[12:13] clear in the motion, and

[12:16] just --I looked at that,

[12:19] august 14 is the zoning meeting before

[12:20] that

[12:22] with a deadline of august 2 of submittal

[12:25] to make that november 7 date

[12:28] just for clarity sake. But you know,

[12:29] it's probably better

[12:31] for staff if that was actually put

[12:32] into the motion. I'm not

[12:34] saying I'm willing

[12:36] to go there. I'm just saying that

[12:37] I certainly wouldn't vote for

[12:39] it to come back here without having

[12:40] to

[12:42] go to planning and zoning again.

[12:42] >>

[12:43] you would not?

[12:44] >> I

[12:46] would not.

[12:47] >> yeah, I agree. I would not either.

[12:49] >> there is a motion on the floor. Is

[12:50] there a second? Commissioner

[12:51] pritchett, will you take the floor,

[12:52] please?

[12:53] >> yes, sir. >>

[12:55] I'm

[12:58] going

[12:59] to second your motion. Discussion. So

[13:01] commissioner pritchett, may I have the floor, please?

[13:05] I intend

[13:07] to hear everybody tonight that's here. So

[13:08] you're not

[13:09] going to come in here. It's not fair

[13:11] for

[13:12] you to come out here in vain. But I'd

[13:14] like

[13:15] to get this motion passed, and then

[13:17] we've got a couple

[13:19] of very quick zoning items that can

[13:20] be done,

[13:22] and we can spend whatever time is necessary, so

[13:23] that you can pour your heart

[13:26] out in regards to your request.

[13:29] I don't know whether this will

[13:32] pass or not.

[13:33] >> can I ask a

[13:33] question just for clarification here? Are

[13:35] the applicants

[13:36] here tonight?

[13:37] >> oh yeah, they're

[13:38] here, I believe.

[13:38] >>

[13:39] is michael the applicant?

[13:40] >> no, no.

[13:48] mr. Chair?

[13:50] >> yes? >> for the audience

[13:50] who

[13:51] showed up for this item, first of all thank

[13:53] you for showing up. Second

[13:55] is of all, I greatly apologize to

[13:56] you

[13:58] guys. You got a notice that it would happen

[14:00] today, and you know, there was tabling,

[14:02] so you took time

[14:04] out of your busy schedule. I completely get that.

[14:08] and

[14:10] I really appreciate you guys participating. Here

[14:11] is where we

[14:12] are, and I think staff could probably explain

[14:14] this a

[14:16] little bit better. We have a couple

[14:20] of options today. We

[14:22] can outright deny this. But here is

[14:23] the problem

[14:24] with outright denying so you understand. That

[14:28] might be a temporary victory, but

[14:29] we

[14:30] can turn to staff, but code would

[14:32] allow them to file the

[14:35] exact

[14:38] same

[14:41] thing six months from now.

[14:50] I

[14:52] don't know what the best one is, but

[14:53] understand

[14:55] no matter what decision we make today, unless

[14:56] it's

[14:57] an outright thumbs up, and I'll tell

[14:59] you right now, there's no way

[15:01] in god's green earth that I'll do

[15:02] an outright thumbs up,

[15:04] which I shouldn't say before the applicant

[15:08] speaks. But my

[15:12] understanding they weren't coming here. That's

[15:14] the box we're in. If I'm going

[15:15] to support this to be very clear,

[15:17] it needs to go, in

[15:19] my opinion, through planning and zoning

[15:20] again

[15:22] if there are substantial changes to

[15:23] give

[15:26] you guys

[15:29] an extra opportunity to engage

[15:30] there and then engage as you have

[15:32] with us

[15:33] after that planning and zoning. That's

[15:34] the wonderful thing that we get to

[15:35] hear

[15:37] what they have to say and then we

[15:38] get

[15:41] to hear what the neighbors have to

[15:44] hear. So keep that in

[15:46] mind. Those are our two options that we

[15:47] who have to

[15:49] the best of my knowledge.

[15:50] >> can I

[15:50] ask

[15:53] one more question to his point? If

[15:56] I understand

[15:57] that we're potentially considering

[16:02] a four-month

[16:05] delay or a six-month delay

[16:08] tonight they can

[16:11] come back in six

[16:13] months? Jeffrey, is that correct?

[16:14] >>

[16:14] so

[16:16] if the application is denied, we have

[16:17] a

[16:20] provision in our code

[16:23] that requires a six-month time

[16:26] frame before they submit another

[16:28] application of similar requests.

[16:29] >>

[16:32] okay. A motion tonight, I'm

[16:35] sorry. A motion tonight to delay

[16:38] this for 120 days and then they

[16:41] could start the process all over again six

[16:42] months

[16:43] from now. Does that seem like what

[16:44] we're down to?

[16:44] >>

[16:45] yes, sir.

[16:46] >> okay, commissioner pritchett, may

[16:47] I have the

[16:50] floor, please?

[16:51] >> the reason

[16:53] I'm

[16:56] doing this is because there

[16:59] was -- [ inaudible ] the

[17:02] motion or the e-mail was sent

[17:04] out to people at indian river isles

[17:05] in the area saying this

[17:08] was going to be continued. So I

[17:11] don't believe it's

[17:14] fair not to

[17:17] have the full contingent. So I'm not

[17:18] sure

[17:18] whether 120-day continuation is the

[17:20] best way to go or a table

[17:23] is the best way to go

[17:26] because I don't feel comfortable

[17:29] with them not having the number of people here.

[17:44] [ technical difficulties. Meeting will

[17:47] resume shortly ]

[17:50] >> the

[17:51] local planning and zoning board to

[17:53] start that process over again.

[17:56] >> yes,

[17:57] sir, application would be considered

[17:58] new and it would come back through.

[18:08] [ audio technical difficulties ]

[18:11] >>

[18:14] maybe they can't. So if they don't,

[18:15] then

[18:15] they can refile six months. That's

[18:17] all I'm trying to do. Trying

[18:20] to get

[18:23] somebody to work together.

[18:24] >> commissioner? >>

[18:26] commissioner goodson, would you consider

[18:28] a friendly amendment to table?

[18:28] >>

[18:29] sure. Given how long?

[18:30] >>

[18:31] until the next zoning meeting.

[18:31] >>

[18:32] until the

[18:33] next zoning meeting?

[18:34] >> the problem

[18:35] with that, they're

[18:38] only allowed one table.

[18:39] >> okay,

[18:41] well, this would be their one table.

[18:42] >>

[18:44] but then there wouldn't be time for

[18:46] revisions or anything like that and they're talking massive.

[18:50] mr. Chair, I think we

[18:52] are --I think the audience is probably

[18:53] here, and I think

[18:55] we're probably, we're going around

[18:56] in circles. We're all

[18:58] on the same page. Commissioner goodson

[18:59] was pretty close

[19:02] there in the beginning. I made it

[19:03] very

[19:04] clear to anyone who has called where

[19:05] I was on this one.

[19:11] and I didn't understand that

[19:14] you

[19:17] are in favor of

[19:20] that. I think with can table this

[19:23] and require planning and zoning

[19:29] on august 14 with a

[19:34] submittal date. And that is going

[19:35] to get

[19:37] us there, requires, gives the audience

[19:38] an

[19:41] opportunity to engage us, engage planning

[19:42] and zoning

[19:44] and

[19:47] all

[19:50] that and allows this board

[19:53] to this board. Is that your motion?

[19:54] >>

[19:54] yes.

[19:55] >> commissioner, do you want

[19:56] to take the floor?

[19:57] >> I'm sorry. So

[19:59] we have a motion on the floor, it's been seconded.

[20:02] all in favor, signify

[20:05] by saying aye?

[20:06] >> aye. >> all

[20:08] opposed?

[20:09] >> didn't we just make a motion to table?

[20:10] >> do we need to hear about

[20:11] it? Should we hear

[20:14] the cards first?

[20:15] >> we're going to hear

[20:16] from the audience. We're going to

[20:17] hear from those people. But we

[20:20] can do this. And here is my issue. I've

[20:23] got three or four little tiny zoning

[20:24] issues

[20:26] in front of them that will keep these

[20:30] people here for hours.

[20:31] >> I'm

[20:36] sorry, table this until after we

[20:38] go the other items. I'm sorry, I assumed

[20:39] it

[20:41] was for a later date. I apologize.

[20:41] >>

[20:42] I know, it's confusing.

[20:46] but just bare with me.

[20:47] >> okay, we'll

[20:48] move

[20:50] them to the end.

[20:50] >> right. Thank you,

[20:51] I'm sorry.

[20:52] >> that's all right.

[20:54] and real quickly, we'll put you

[20:57] on hold for just a minute

[21:00] and then

[21:02] we're going to get to the ones I know

[21:06] will be relatively quick.

[21:07] >>

[21:08] mr. Chair, if I may. Because it is

[21:09] contemplated that the

[21:12] applicant is going to come back

[21:13] with a substantially revised plan

[21:15] and go through pnz and come to

[21:17] this board again with a significant

[21:18] lapse in

[21:19] time and because the applicant isn't here

[21:21] tonight,

[21:24] it could create a really

[21:26] muddy record if we receive testimony

[21:27] tonight when the applicant

[21:29] is not here to ask questions to the

[21:30] witnesses

[21:32] and those kinds of things. It could

[21:33] create

[21:34] record problems in the future. I understand

[21:35] and feel for the folks who are out

[21:37] here tonight and want to be heard,

[21:39] it is probably

[21:40] in the best interest of everyone if

[21:42] they're heard at the time the board

[21:44] is actually going to make the decision

[21:45] based on the application

[21:46] that's submitted at that time. If

[21:48] you want to hear them tonight in

[21:50] regards to the application knowing

[21:52] that this particular application likely

[21:54] isn't going anywhere, you can do that.

[21:57] but

[21:59] it could create a confused record.

[22:00] >>

[22:00] I

[22:03] certainly got

[22:05] a confused chairman right now.

[22:05] >>

[22:06] typically

[22:07] when the item continued, you don't

[22:09] receive testimony from the

[22:11] public at the meeting at which it

[22:12] is continued. Although if you

[22:13] want to hear from these folks because

[22:15] they didn't know and went

[22:16] through the effort to come out, you may.

[22:20] but in all likelihood whatever testimony goes

[22:21] on

[22:23] the record tonight will be irrelevant

[22:24] to the application that's considered in november.

[22:26] >> commissioner

[22:28] pritchett?

[22:29] >> thank you, mr. Chair. Just

[22:30] a question. I know with

[22:32] what we have right now, it is not

[22:33] going

[22:35] to, I don't think it will get passed. So

[22:36] maybe it would be

[22:38] wise to hear from the applicant to

[22:39] see if

[22:42] he has some very substantial changes

[22:44] that is even worth continuing it if

[22:48] they would be willing to do it. I

[22:49] don't

[22:50] know. That is just a request to let things

[22:51] be

[22:53] solved now, I don't know.

[22:53] >> okay.

[22:54] >>

[22:57] what is your thought?

[22:59] >> if the applicant is available to

[23:00] speak

[23:02] to that, then my understanding, I

[23:03] thought I

[23:04] heard the applicant wasn't here although

[23:06] I saw

[23:08] someone moving forward.

[23:09] >> I believe

[23:09] landy is here, correct? Are you the applicant?

[23:11] >> yes. >> so you're available to speak?

[23:13] >> okay.

[23:18] >> if we could, please,

[23:21] I really would like to just get

[23:23] these other folks out of the way,

[23:24] so we can go there. I

[23:27] would like to have a

[23:30] temporary hold on this for

[23:33] discussion purposes and move forward.

[23:34] so we're coming back to you as soon

[23:36] as I get done with these and

[23:38] let these people get out, so we can

[23:41] have full discretion and disclosure on this issue.

[23:44] all right. Let me call up kim rezanka. Kim.

[23:51] this is on h3.

[23:54] yes, sir?

[23:55] >>

[23:56] jeff, I'm sorry.

[23:56] >> mr. Chair. Let

[23:57] me read the

[24:00] items h3 and h4 into

[24:01] the record. Companion applications. You

[24:03] can discuss them together, but

[24:06] you need separate motions. Item h4

[24:09] is jen florida

[24:11] 48, llc, requests a small-scare comprehensive

[24:12] plan amendment to change

[24:15] the future land use designation from res 1:2.5 and res 1

[24:16] to res 4, application number

[24:19] 23ss00022. Tax

[24:22] account number is 3000365 and

[24:24] 3000569. Located in district five. The

[24:28] applicant is

[24:31] requesting two waivers. The

[24:34] waivers are for, to

[24:36] exempt from 621448g requiring the designation

[24:40] of an outdoor parking area to

[24:42] create travel and camping trailers

[24:43] and vehicles, boats,

[24:45] boat trailers and other similar vehicles. The

[24:53] other waiver that's

[24:56] being requested is from section 62-1446,

[24:57] d3b to allow residential structures

[25:01] two stories or less and minimum building separation

[25:04] at 10 feet rather than 15 feet.

[25:08] the agenda report, mr. Chair and commissioners

[25:11] have conditions

[25:14] for the board to consider and

[25:17] that is on the agenda

[25:20] report as well. Number one

[25:23] is

[25:26] a total number that should

[25:29] not

[25:31] exceed thinker approval of 62.14-46. Requesting

[25:35] a waiver from

[25:37] section 6214, 46d3b. And prior to

[25:41] county approval of construction plans

[25:41] and preliminary

[25:43] plat developership that the city of

[25:44] pom

[25:47] bay will approve the

[25:49] project in access connection to babcock

[25:50] street

[25:53] and determine adequate water

[25:56] and sewer service will

[25:59] be available to the issue. And

[26:02] during pnz,

[26:05] the applicant provided a revised

[26:06] plan that showed 44-foot locks that's

[26:08] not being redirect

[26:11] examination at this time. Thank you.

[26:11] >> okay.

[26:17] >> thank you, rim. I'm kim

[26:20] rezanka. I'm

[26:23] here

[26:26] with the developer sunterra's

[26:32] owner zip, which is g,

[26:38] , and planner justice

[26:44] anderson if

[26:47] you have any questions. Changing future

[26:50] land use

[26:53] with

[26:55] an agreement to limit three utes and

[26:56] snow

[26:57] sufficient open space, sufficient

[26:59] buffers, protection of wetlands

[27:02] as required by county

[27:04] code. We do have a presentation, however,

[27:05] all the

[27:07] information was in the minutes. We can go

[27:08] through it if you would like or

[27:11] if you have any questions, I

[27:14] believe that was all straightforward. Pnz

[27:16] recommended approval of both items and

[27:17] would ask approval of the changes

[27:20] future land use and the pud with

[27:22] the conditions as stated.

[27:23] >> I don't

[27:24] believe we

[27:27] have any cards

[27:30] in opposition to this.

[27:45] oh boy.

[27:46] >> with that, we'll

[27:48] hear

[27:50] the objections and then I'll respond.

[27:52] >> good evening, sandra sullivan. So I

[27:54] just want

[27:57] to read from

[27:59] the staff report first. Centralized

[28:00] portable water

[28:02] and sanitary sewer service is currently

[28:03] not

[28:06] available to the subject

[28:07] property. The applicant has represented these

[28:09] services

[28:12] will be provided by

[28:14] the city of palm bay, but they have

[28:15] not

[28:17] provided these service. I want to

[28:18] go

[28:21] to state

[28:24] statute, florida's growth policy act, sections

[28:31] 163.2511-1632.2520 of the florida

[28:33] statutes, collectively known

[28:35] as the growth policy act. A key takeaway

[28:36] from

[28:38] the policy act is the importance of

[28:39] con currency. Con

[28:42] currency as you

[28:44] know is provisions, requiring that certain

[28:48] infrastructure be in place

[28:51] before

[28:53] any new development is permitted. Portable

[28:57] drinking

[28:58] water and waste treatment facilities. So it

[29:00] says

[29:03] it's up to

[29:05] the local government to implement

[29:09] such requirements or

[29:14] to via, any way, in advance. There seems

[29:15] to be

[29:18] a lot of this lately where there

[29:21] is no sewage or way to pay for

[29:24] it and one comment was made

[29:27] here on the other

[29:30] item. The sooner we will be able

[29:31] to pay for it. Thank you.

[29:32] >> real quickly.

[29:36] jeff. Do we not

[29:39] have

[29:40] a letter from the city of palm bay

[29:43] on it this issue?

[29:44] >> we do, we do

[29:45] have a letter from the

[29:48] city saying they are going to provide

[29:49] water and sewer.

[29:50] >> and that the developer

[29:51] is going to

[29:54] pay for that to come down? Is that

[29:55] my understanding?

[29:56] >> that they would

[29:57] have to pay for

[29:59] those services.

[30:00] >> thank you. >> and

[30:02] that is correct. Palm bay has said

[30:04] they will provide wastewater, portable water,

[30:06] fire flows, and

[30:09] also to address con currency

[30:12] going forward

[30:13] into the florida statutes 163.182o

[30:15] as the fair share, put into

[30:16] place by the legislature just for

[30:18] this purpose, so the developer does pay

[30:20] for the growth. With that I would

[30:21] request

[30:22] that you approve these two items.

[30:23] >> mr. Chair?

[30:27] >> yes? >> and isn't is

[30:30] also true that you

[30:33] would not get a certificate of

[30:36] occupancy unless they have water

[30:37] and sewer?

[30:38] >> that's correct. There

[30:39] is a condition on the pud that had

[30:42] says water and sewer need to

[30:43] be available prior to issuance.

[30:44] >> we

[30:45] have spent months on making sure

[30:48] all these t it's were crossed

[30:51] and the I's

[30:53] were dotted. Anymore --is there a

[30:54] motion? And

[30:56] it is my district.

[30:56] >> I will make

[30:57] a motion

[30:59] for you.

[31:00] >> motion to approve items h3 and h4.

[31:03] >>

[31:05] he wants them separate.

[31:05] >> I make

[31:06] a

[31:09] motion to approve item h3.

[31:10] >> is there a second? >> second.

[31:12] >> any

[31:13] discussion? All in favor?

[31:14] >> aye. >>

[31:15] all opposed? The

[31:17] motion carries. Let's go to h4.

[31:17] >>

[31:18] make a

[31:21] motion to approve

[31:24] item h4.

[31:26] >> second. >> with the conditions that were mentioned.

[31:27] >> okay. Any discussion?

[31:42] I

[31:45] would like to get back to

[31:51] these patient people

[31:54] over here. Okay, you're up.

[32:18] >> 2002219, 2002228,

[32:24] 2002229, 2002230, 2002231,

[32:30] 2002232 located in district one. The

[32:32] applicant has requested a continuance

[32:33] to

[32:36] the september 5 board meeting.

[33:02] >> for the planning and zoning and that

[33:03] would be the september 5

[33:06] board of county commissioners meeting. That's

[33:06] for

[33:09] item h6 as well.

[33:09] >> okay.

[33:12] we have a

[33:13] motion to continue, correct?

[33:13] >> yes,

[33:15] sir, I'd like to table it

[33:16] to september 5 zoning meeting.

[33:17] >>

[33:18] is there a sect on

[33:21] that? That is not

[33:24] you guys. I'll

[33:27] second.

[33:27] >> any opposition

[33:28] or discussion? All opposed? I do have

[33:30] a card here

[33:33] on h5 I believe from

[33:35] sandra sullivan. Are you going to

[33:39] waive that? Thank you very much

[33:41] for your cooperation on that, I appreciate

[33:42] it. The applicants if nay

[33:45] could come up and sit here,

[33:48] so we -- on h2.

[33:51] >> I'm going to table

[33:53] item 7 and 8 too if I may, soon.

[33:53] >> okay, go ahead.

[33:59] >> okay. H7 and h8, you have to readvertise. Would

[34:00] you like

[34:03] to read it first or do I need

[34:06] to ask him to table?

[34:06] >>

[34:09] so item h7 and 8 will be readvertised. There

[34:13] is

[34:15] an issue with the application. So

[34:18] this one would be continued not to

[34:25] a date

[34:27] center because we're readvertising.

[34:27] >>

[34:31] okay, I make a motion

[34:34] to table.

[34:34] >> is there a second?

[34:37] >> all

[34:38] in favor?

[34:39] >> aye. >> okay, now I promise we're on you.

[34:43] kevin?

[34:43] >> I'm sorry, mr. Chair.

[34:46] I thought that the motion on h5

[34:47] included h6 as well to continue those. The

[34:49] clerk

[34:52] didn't hear

[34:53] that. Was h6 included?

[34:54] >> yes. >> yeah. I

[34:55] don't want to have my

[34:57] mistakes to come back on. So thanks,

[34:58] morris. I

[35:01] appreciate it very much. What

[35:02] do you need clarification on? It is

[35:04] the same item.

[35:04] >>

[35:07] september

[35:10] 5 for both items.

[35:10] >>

[35:13] correct. Okay, kevin fox,

[35:16] where

[35:18] are you? Come on up. We are back on h2.

[35:25] >> sorry,

[35:27] I apologize. What do we start out

[35:30] with? I don't know the protocol. I'm

[35:34] not the presenter.

[35:34] >> you're

[35:35] here to discuss the zoning request?

[35:35] >>

[35:37] you're in opposition

[35:40] to it, you have a red shirt on. Go

[35:43] ahead.

[35:43] >> I apologize to that. And I'm here to represent the north homeowners association.

[35:55] I'd like to point

[35:58] out the

[36:01] hazard area.

[36:01] >> I'm sorry. Did

[36:04] you have a

[36:05] question? I'm sorry, sir.

[36:06] >> is this

[36:07] us

[36:08] securing the item? I want to understand

[36:10] what where she done.

[36:10] >> the

[36:11] board announced a contention to continue

[36:13] this and it has been made clear

[36:16] that it will come back in

[36:18] a different form and go through prior. My

[36:19] recommendation would be

[36:21] for the board not to hear testimony on

[36:22] the item

[36:23] tonight because that testimony is

[36:25] all going to change. It is going to

[36:28] create a confused record. While I

[36:30] understand these folks are out tonight,

[36:31] anything they say

[36:32] tonight won't be relevant and the

[36:34] board can't consider it when

[36:35] it is considering the future application.

[36:37] so if you want

[36:40] to allow them to speak

[36:42] their peace because they're here, they

[36:43] may b nothing

[36:44] said tonight will likely be jermaine

[36:46] or be able to

[36:47] be considered when this is ultimately

[36:49] heard by the

[36:51] board. >> we only have a few cards,

[36:52] so you're recognizing this is not going

[36:55] to go on the public record in regards

[36:57] to? You're going to have to come back

[37:01] at

[37:03] the continuation.

[37:03] >> I'm confused.

[37:09] I thought you were going to talk to

[37:10] them first and

[37:13] after they spoke, then

[37:16] we would speak.

[37:16] >> stop

[37:18] over there, please. No, ma'am, please. We

[37:19] can handle this. We're

[37:21] big people here. We can have a conversation, thank

[37:22] you. So first

[37:24] what I'm telling you is that this

[37:28] is going to be continued

[37:31] to another date. I said to

[37:34] everybody that I still wanted to

[37:36] allow the people that are here to

[37:37] speak,

[37:40] so they did not

[37:43] make

[37:44] an unnecessary trip. Mr. Richardson

[37:46] said we can do that or we

[37:49] could just send you all home without saying

[37:51] anything and then you'll have to come back any way.

[37:55] what I'm trying to do

[37:58] is give you the opportunity if you

[37:59] are against this to spike tonight,

[38:01] but you still need to come back when

[38:04] we have our next meeting.

[38:04] >>

[38:07] I thought if you voted it no, they can't

[38:10] come back for six months or it is

[38:13] a four months. I thought you were

[38:16] going to discuss that and

[38:17] make your decision. That is my confusion

[38:19] as of right now if you're going to

[38:19] do

[38:21] that tact and talk to the developer if

[38:22] they

[38:23] won't have a substantial plan. That's

[38:25] the confusion for me.

[38:25] >>

[38:27] I mean the developer is welcome to

[38:28] say something,

[38:30] but once again, this will be continued. And

[38:31] so all of this stuff

[38:34] is going to be for not. The only reason

[38:34] that

[38:36] I stopped this tonight is I didn't want you

[38:37] walking out of

[38:39] here without having the opportunity from driving all

[38:40] it this

[38:42] way to be able to say something about this if

[38:43] you would

[38:45] like to. If you don't want to and

[38:46] you all want to go

[38:48] home and eat some dinner and stuff

[38:49] like

[38:50] that, that's fine with us too.

[38:51] >>

[38:52] myself I believe there's letters

[38:55] we've written that will stand for

[38:55] themselves

[38:56] because it won't be pertinent. And

[38:58] that is the way I understand it now listening to the attorney.

[39:01] I can just stop. You know

[39:04] we're in opposition to it and at

[39:07] the present land use level. I'll say

[39:10] it, 17 units per acre.

[39:10] >>

[39:13] okay, we are trying to be fair

[39:15] to both sides and I think we're in

[39:19] good shape now

[39:22] and there are other people.

[39:22] >> go ahead. >>

[39:24] sorry, one quick question. Are you in

[39:25] favor of the

[39:28] six months or four months?

[39:28] >> I would

[39:31] say the six months. I mean the four months then.

[39:34] >> I thought you were going to discuss

[39:34] that,

[39:36] so we could better understand it. I

[39:37] don't know all the

[39:40] ins and outs of this, so I

[39:43] thought you were going to

[39:46] come talk to the developer.

[39:46] >> I get

[39:48] it. And I appreciate it. This is just

[39:49] new

[39:52] for us and that someone

[39:54] tabled that late. So I apologize. This is

[39:55] just that we

[39:58] got thrown a curveball and I appreciate that

[40:01] and the chair has done a good job

[40:02] of trying to.

[40:03] >> I don't want other

[40:04] people coming back

[40:07] when they did not have that opportunity. The reason

[40:09] I wanted to continue it in the first

[40:10] place is because of

[40:13] the notice that was sent out that stopped people from coming.

[40:16] >> yes, sir. >> it

[40:17] could have potentially hurt the developer also.

[40:19] and so all

[40:22] of a sudden we get into a lawsuit that

[40:22] said

[40:24] well, what happened here? What happens

[40:25] here is that somebody sent out

[40:27] a notice, they didn't show up, and

[40:28] now we've got

[40:29] a big mess.

[40:30] >> yes, sir. >> and I

[40:31] want

[40:34] to cross our t's and dot our I's if

[40:37] it's going to be killed or not. Whatever.

[40:37] >> can you give us the dates again?

[40:41] >> yes, planning

[40:43] and zoning and all that.

[40:43] >> we will. Hold on.

[40:51] hold on.

[40:52] >> I was trying to determine where

[40:53] the

[40:54] commission was going to land. Would

[40:56] you

[40:57] pull the commission and see if they

[40:59] are apt to sending

[41:02] it back to pnz

[41:03] and coming back on the 7th.

[41:04] >> you

[41:05] wanty me

[41:06] to poll the commission on where they

[41:08] stand on the

[41:10] issue?

[41:11] >> on whether or not we're agreeable

[41:14] to table to the 7th.

[41:14] >> that's

[41:16] fine with me.

[41:17] >> okay. >> where do

[41:20] you stand?

[41:20] >> yeah, I

[41:22] have to clarify. I got yelled at. So

[41:25] let me change the dates because this

[41:29] is very important and I

[41:32] move

[41:35] to approve the application

[41:38] number 23pud00001 to the

[41:39] november 7 commission zoning meeting

[41:41] and

[41:44] under the within that it

[41:47] is reheard

[41:50] on october 14 of 2024

[41:53] and that would

[41:56] require the

[41:59] party to do so

[42:01] by august second. And it will be on

[42:03] november 7 and I apologize for getting

[42:05] those dates wrong the

[42:07] first time. Kevin, are you okay now?

[42:07] >> I didn't understand.

[42:11] >> hold on. >> and I

[42:12] got it, guys.

[42:13] >> I'm asking him to

[42:14] hold on.

[42:14] >> I'm calling you.

[42:17] >> thank you. Okay.

[42:23] >> question, yes, sir.

[42:26] it is 52 units you

[42:28] said, right?

[42:29] >> how many acres? >>

[42:32] per lot you mean?

[42:32] >> how many

[42:35] acres per total?

[42:35] >>

[42:37] half of 52, so everybody is about half

[42:41] an acre if you count the canals.

[42:41] >>

[42:44] thank you,

[42:45] sir. Thank you, chair.

[42:45] >> certainly.

[42:47] and let's continue

[42:50] with the polls.

[42:51] >> okay. >> that's

[42:53] good. And I'm in agreement with that too. Where

[42:56] are you with

[42:59] this poll?

[42:59] >> I'm okay

[43:02] to continuing it to his motion.

[43:02] >>

[43:03] all right, so we are all in agreement with that.

[43:08] all in

[43:09] favor of the continuation signify

[43:11] by saying

[43:14] aye?

[43:14] >> aye. >>

[43:17] all opposed nays? The motion carries. Was

[43:19] there something else that you need

[43:20] to say? No, please do.

[43:26] okay, wow.

[43:29] this is fun. All right.

[43:32] so the reason this was done

[43:35] is to be

[43:37] in complete fairness to everybody. I

[43:38] apologize

[43:41] that we did this tonight, but

[43:43] I don't think that we had a choice. So

[43:47] thank you all for

[43:50] coming, we appreciate it very

[43:53] much. I'm certain you'll

[43:55] be hearing from the developer or mr. Fox and

[43:56] other

[43:59] people. So thank

[44:02] you for coming

[44:05] this evening. All right, let's

[44:08] move on. Where are we?

[44:08] >>

[44:11] my record is that we need to start

[44:14] on item

[44:15] h9.

[44:16] >> thank you, jeff. I appreciate

[44:17] it. Go ahead,

[44:20] jeff.

[44:21] >> h9 and h10 are companion applications. I'll

[44:23] read them into the record.

[44:26] you'll need separate motions for

[44:29] each. Item h9 is alexis dejesus

[44:32] and rosemary dejesus and brandon dejesus

[44:32] request

[44:35] a small-scale comprehensive plan amendment 24s.07

[44:38] from cc and

[44:44] nc to all cc. Application number

[44:47] 24ss00007. Tax account number

[44:50] is 2102561 located in

[44:53] district 1. And item h10 is alexis

[44:56] dejesus, rosemary dejesus,

[44:58] and brandon dejesus request a request

[45:01] a change of zoning classification from bu-1

[45:05] and au to all bu-2. Application

[45:14] number 24z00021, tax account number

[45:15] 2102561. Located in district 1. A

[45:17] part of the

[45:20] planning and the zoning recommendation

[45:23] for the zoning

[45:26] application was to submit a bdp to

[45:29] restrict the uses for all

[45:32] one uses and the

[45:35] sale of automobile and

[45:38] mobile homes

[45:41] with a

[45:47] six-foot wall along the

[45:53] --I'm sorry,

[45:55] along the eastbound including any

[45:56] residential

[45:58] use. I wanted to put on the record

[45:59] if the

[46:01] board approves the request, then the

[46:02] next up would

[46:05] be the site plan process, where the applicant

[46:08] would work with an engineer to make sure

[46:10] that what the code will

[46:13] require that is in place before the actual

[46:15] use of the property will take place.

[46:22] >> thank you, sir. Applicants are here.

[46:28] I have a request. Love your application.

[46:34] but I don't like concrete walls.

[46:39] usually natural resources works with me on another avenue.

[46:44] so I'm going to have

[46:46] mr. Jeffrey read a recommendation that I

[46:49] have if you would do this, I think

[46:53] it would be a great

[46:55] project. Binding development plan. So

[46:56] he's

[46:58] going to read it. It's pretty much

[46:59] what you're wanting to do, but

[47:01] just kind of protects it.

[47:02] >> I'm here for the warming.

[47:05] >> okay, yes,

[47:08] please.

[47:09] >>

[47:10] and so the proposed conditions -- [

[47:11] inaudible ] would restrict

[47:14] the uses to

[47:17] all bu-1 uses and only mobile home sales

[47:20] from the bu-2

[47:22] zoning district and prohibit access to contrary road.

[47:23] >> that's

[47:26] good.

[47:27] >> I thought you would be

[47:29] good with it.

[47:30] >> that's perfect.

[47:32] >>

[47:34] commissioner, a couple quick questions. One,

[47:35] the staff, is

[47:37] there still an open code enforcement violation

[47:38] on this

[47:41] property?

[47:42] >>

[47:44] it is

[47:47] my

[47:48] understanding that -- [ inaudible ]

[48:02] >>

[48:05] and as long as we don't have to put

[48:06] up

[48:08] a wall, yes.

[48:09] >> absolutely,

[48:11] go ahead. The sale of mobile homes.

[48:24] [ inaudible ]

[48:31] required information that is required

[48:32] to support that use. And just because

[48:35] they approve the use today. If the

[48:38] board approved that, that will have

[48:42] to come

[48:44] back and the subsequents planned would need

[48:47] to be approved today.

[48:47] >> you can not

[48:48] go selling homes tomorrow.

[48:49] >> I understand there's a procedure.

[48:51] >> thank you, sir. Good catch.

[48:54] >> okay, so you got it. You

[48:55] understand where we are?

[48:56] >> yes. >>

[48:57] do we have a motion?

[48:57] >>

[49:00] what kind of

[49:01] boundaries are in questioning here? Shrubs,

[49:02] fence?

[49:03] >> let me say this to you real quick.

[49:06] you're going

[49:08] to need to develop a binding development plan. It's going

[49:09] to

[49:12] have to be submitted to planning

[49:15] and zoning and they

[49:17] will approve it and you can go forward

[49:18] and they will talk

[49:21] about everything else that you

[49:23] need to think about. And that's it

[49:24] and

[49:27] you

[49:29] need to get a bdp.

[49:30] >> but you will

[49:32] be in agreement with this. You just

[49:33] said so. And

[49:36] as they work

[49:38] through that, they will bring back

[49:39] other abilities to comply with all

[49:42] the things you need

[49:45] to

[49:46] comply with.

[49:47] >> that's fine. >> okay. Let's

[49:48] see if

[49:51] we can get a motion.

[49:52] >> I make

[49:54] a motion to approve item h9.

[49:54] >>

[49:57] is there a second?

[49:57] >>

[49:58] second.

[49:59] >> any discussion? Hearing

[50:03] no discussion. All in

[50:03] favor?

[50:04] >> aye. All opposed? Motion

[50:06] carries.

[50:07] >> I make

[50:09] a motion to

[50:12] approve item h10.

[50:12] >>

[50:15] is there a

[50:18] second? And any

[50:21] discussion? All in favor?

[50:21] >>

[50:22] aye. Motion carries. You're good to

[50:24] go for tonight.

[50:24] >>

[50:27] that's it, thank you

[50:28] so much.

[50:29] >> once we put together a development plan,

[50:30] we have to get it approved

[50:31] through zoning and then we have to

[50:33] come in front of the board again?

[50:33] >> hold on, you'll

[50:42] be able to talk to planning and zoning and that handsome fellow over there.

[50:43] >> all right,

[50:48] thank you. Thank you,

[50:54] guys.

[50:55] >> talk to george.

[51:05] >> commissioner steele? My apology. I

[51:06] believe we

[51:08] had a motion on h9, but we also need

[51:09] a motion on h10.

[51:14] >> I did both.

[51:15] >> we did both. >> I'm

[51:16] sorry.

[51:17] >> that's right. >>

[51:18] just so the clerk knows on h9 and

[51:20] h10, you got that? Okay, cool. We're good.

[51:24] >> and the motion for 10 included

[51:26] the bpd with those conditions.

[51:27] >> okay.

[51:31] >> commissioner pritchett? >> thank

[51:34] you. You guys are clear

[51:37] on that. Okay,

[51:39] thank you. H11, jeffrey?

[51:40] >> item h44 is

[51:43] put it in me storage,

[51:45] llc, requests a small-scale comprehensive

[51:46] plan amendment

[51:49] 24s.04

[51:51] from industrial to commercial. Application

[51:55] number 24ss00004, tax account numbers

[51:58] 2322557 located in district one.

[52:01] >> okay.

[52:04] the applicant

[52:06] is here. Come on up, please.

[52:06] >> I

[52:07] was going to

[52:10] make a motion to approve it.

[52:11] >> and

[52:11] go ahead.

[52:13] >> I'm sorry. Sir, I didn't

[52:13] catch

[52:15] your name or the company?

[52:15] >> I did

[52:16] not give it

[52:19] yet. My name is vaheed teimouri.

[52:22] >> okay. I'm

[52:24] here to answer any questions.

[52:25] >> I

[52:25] didn't

[52:28] catch the company name.

[52:29] >>

[52:30] timori and associates.

[52:30] >> I'm sorry.

[52:31] I make a motion

[52:32] to approve item h11.

[52:33] >> I second it.

[52:37] >> any discussion? There is

[52:38] a motion by commissioner pritchett.

[52:40] seconded by commissioner goodson.

[52:46] no discussion. Signify by

[52:47] saying aye. The motion carries.

[52:48] >> thank you.

[52:52] >>

[52:55] okay. We are moving now. H12,

[52:56] this is me.

[52:58] >> item h12, richard jones requests

[52:58] a

[53:01] change of zoning classification

[53:04] from gu to ru-1-9, application number 24z00006,

[53:07] tax account number is 2716623, located in district 5.

[53:13] >> mr. Jones here? >> yes.

[53:14] >> come on up, young man.

[53:24] I just want you to know

[53:26] that in the event they have any questions that

[53:27] I would like

[53:30] to open up the floor.

[53:31] >> and

[53:33] make a

[53:36] motion

[53:39] to approve.

[53:40] >> seconded by commissioner tobia. Any discussion? All

[53:42] in favor?

[53:43] >> aye. >>

[53:43] all opposed? Motion carries, you're

[53:45] good to go.

[53:46] >> all right.

[53:51] >> all right, h13. Jamine

[53:54] kent. Go ahead.

[53:55] >>

[53:57] item

[53:59] h13 is jamine kent, carlene sapp-kent,

[54:00] jermaine kent,

[54:03] request the

[54:06] classification from au to

[54:09] ru-1-11. Application number 23z00013,

[54:12] tax account number

[54:13] 2103548, located in district one.

[54:14] >>

[54:15] commissioner?

[54:16] >> I make

[54:17] a motion to approve item h13.

[54:17] >> second.

[54:18] >>

[54:21] there is a motion on the floor,

[54:24] seconded by commissioner tobia. Is

[54:27] there any discussion? Hearing no

[54:30] discussion, signify by saying

[54:33] aye. The

[54:36] motion carries,

[54:39] you're good to go

[54:40] >> it's

[54:42] the community ink, requesting the

[54:45] classification from in

[54:48] l to ru-2-15, application

[54:51] number 24z00014, tax account number 2501136, located in district two.

[54:57] so mr. Chair and

[55:00] commissioners, there is an error with

[55:01] the planning and zoning approval. The

[55:03] vote should have

[55:05] been 8-1 with the recommendation of approval.

[55:09] >> okay.

[55:12] the applicants are here. Bruce, I

[55:13] guess you're representing them? >> yes, sir.

[55:15] >> it looks like we're going to have

[55:18] a little bit of a discussion on this, so

[55:19] you might as

[55:20] well make your presentation.

[55:21] >> yes,

[55:22] thank you very much. Good evening, commissioners.

[55:24] mr. Chairman, my

[55:26] name is bruce moia, representing the applicant.

[55:28] very

[55:30] excited to be here today to present

[55:31] this project

[55:33] to you. This would be possibly the second one

[55:34] that we

[55:37] would do should it

[55:40] be approved. This is

[55:42] a model for housing children that

[55:43] are

[55:44] coming out of foster care. So when

[55:46] they get kicked out

[55:47] on their 18th birthday with nowhere

[55:49] to go, they're planning on

[55:50] building a facility to take these

[55:52] kids in, teach

[55:53] them how to earn a living, train them

[55:55] on how to be

[55:58] a productive member of society.

[56:01] so we own

[56:02] the construction on the first model in

[56:04] melbourne. Very well

[56:07] received by the city. And it

[56:09] is affordable housing for these kids. So

[56:10] we

[56:13] are trying

[56:15] to do this again here. Very low impact

[56:17] because most of these kids don't drive. They will

[56:19] be following

[56:20] all the rules of the county. There's

[56:22] some issues about floodplain,

[56:25] which is why you guys

[56:28] have such strict rules about

[56:29] developing in the floodplain, so we

[56:30] will be abiding by those requirements. But

[56:31] in order

[56:34] to do this, we have to change

[56:36] the zoning to a multi-family zoning. And what we

[56:37] will be doing

[56:39] is we will be bringing utilities to this

[56:40] property

[56:41] because currently it is on septic

[56:43] and we'll be putting

[56:44] it on sewer.

[56:46] >> okay. >> so if you

[56:46] have any

[56:48] questions, we'll be happy to answer

[56:49] them.

[56:50] >> okay, who is katherine?

[56:52] okay.

[56:55] you have a card here

[56:57] that basically says, are you here

[56:58] to answer

[56:59] questions? You want to make comments is what

[57:01] you would like to do? Okay,

[57:03] that's fine. I was just confused by

[57:04] the card. All right, bruce,

[57:06] let's sit down for a second and we'll

[57:07] call the cards

[57:10] up. Katherine, come on up.

[57:16] >> I've never done

[57:18] this before, so you will have to forgive

[57:19] me.

[57:19] >> I haven't either.

[57:21] >> yes, you've been around for a while. I've

[57:25] been here for 59 years. I recognize all the names.

[57:28] any

[57:31] way I just, I'm opposed to it

[57:33] because it's going to create a big

[57:35] problem with the junior high school,

[57:37] we have this going up

[57:40] across the street. We have tons of

[57:43] traffic now as it is,

[57:45] and then I understand this attractive

[57:46] homes

[57:49] are going up also? I was

[57:52] told it was 43

[57:55] homes besides the housing

[57:58] for the kids. So I don't know.

[58:01] >> ma'am, you

[58:03] have to address the board, okay. You

[58:04] can't turn around.

[58:05] >> I don't

[58:06] know much about it, I was just brought

[58:07] into this right now.

[58:08] >>

[58:10] we're fine with you. But being a person

[58:11] that

[58:13] lives on that street, I just see

[58:16] a tremendous amount of problems there. There's

[58:17] problems

[58:18] now. So that is my concern.

[58:18] >> all

[58:19] right, your

[58:20] comments have been noted.

[58:21] >> okay,

[58:24] good. Thank you so much. Allen, commissioner

[58:25] goodson?

[58:26] >> ma'am, ma'am.

[58:28] >>

[58:31] oh, I'm sorry.

[58:32] >> where do you live? What

[58:32] street?

[58:33] >> on banana boulevard. Which

[58:34] is right where

[58:36] all of this is going to go on. The

[58:40] church is

[58:42] there and then that property south.

[58:42] >>

[58:43] north of there.

[58:44] >> you

[58:46] live on the west

[58:48] side? How far down banana?

[58:49] >> not

[58:49] quite

[58:52] half way.

[58:53] >> so does

[58:53] banana tie into tropical trail? Does

[58:55] banana tie into tropical trail?

[58:56] >> yes. >> thank you.

[58:58] >> thank you.

[59:00] >> do you a question, commissioner? No.

[59:04] >> all right.

[59:07] allen, did you want to say

[59:09] something?

[59:10] >> yes. Come on up. And

[59:10] then if

[59:12] you would be kind enough, I'm going to

[59:16] give allen and this

[59:19] other lovely lady's

[59:21] address, which is 435 banana boulevard. So

[59:22] allen, go ahead.

[59:23] >>

[59:24] yeah, I just got a question. A couple questions.

[59:28] but

[59:29] before you give them permission to

[59:31] build something, do you go

[59:32] through the flood plan? This is not

[59:34] for the flood plan and you

[59:36] know nothing about the flood plan. But if

[59:40] there is the flood plan, my house

[59:42] going to get into the danger flood

[59:43] path

[59:46] you might say. I just want to know,

[59:49] you don't add that into consideration. Somebody

[59:50] does.

[59:51] >> that's a pretty simple question.

[59:52] we

[59:54] go through a thorough analysis of

[59:55] what's

[59:58] going to happen with it. They've got

[1:00:01] to submit a site plan

[1:00:04] to the building

[1:00:05] department, the planning department. Those

[1:00:07] issues node to

[1:00:10] be resolved and talked about. Is that

[1:00:13] a good enough answer? Okay. Do

[1:00:15] you have anymore to say?

[1:00:15] >> not really

[1:00:16] except for

[1:00:18] the traffic problem. I guess they're

[1:00:19] going

[1:00:20] to go through and have to figure out where

[1:00:22] they will go from the school. They

[1:00:25] have a school there. If they are

[1:00:27] going to put --I wasn't understand

[1:00:30] the impression they would put 43 houses

[1:00:31] on three acres of property.

[1:00:32] >>

[1:00:33] we are not addressing the 43 units,

[1:00:34] and I

[1:00:37] don't know if that is accurate.

[1:00:40] we are addressing this

[1:00:41] particular zoning request tonight,

[1:00:43] and I don't

[1:00:46] know if there are

[1:00:49] 43 units being applied for not

[1:00:51] there. That is speculation at this point.

[1:00:51] >>

[1:00:52] all right,

[1:00:55] thank you very much.

[1:00:56] >> I appreciate your comments. Somebody

[1:00:57] else, anybody on this side have a comment?

[1:01:00] >> tad, were you going to say something? >>

[1:01:01] I was going

[1:01:03] to say they need to go through the

[1:01:04] site

[1:01:06] plan after they're throughed with this. And

[1:01:07] the proposed, what

[1:01:10] where she on our

[1:01:12] staff report shows that it will be

[1:01:19] a 43 unit development.

[1:01:21] >> commissioner goodson? >> thank

[1:01:22] you.

[1:01:23] >> yes, sir, this might be

[1:01:25] to bruce. Are we

[1:01:27] talking about 43 houses or 43 apartments. Can

[1:01:28] you help

[1:01:31] us?

[1:01:32] >> yes, sir, it will be 43

[1:01:34] units will be the maximum

[1:01:36] potential, but we have floodplains

[1:01:37] to deal with and wetlands possibly

[1:01:40] to deal with.

[1:01:41] >> you're not talking

[1:01:42] about 43 houses?

[1:01:43] >> no, 43 multi-family

[1:01:43] units.

[1:01:44] >> okay. Explain to

[1:01:46] us what is a multi-family unit.

[1:01:47] >> it will be like an apartment.

[1:01:48] >> okay.

[1:01:51] and it wouldn't be single-family homes

[1:01:52] where they

[1:01:54] would be detached. It will be multi-family.

[1:01:58] but the zoning would allow up to

[1:02:01] 43, but I don't know if we can get

[1:02:02] 43 by the time

[1:02:04] we do retention and all that. We just

[1:02:05] need the

[1:02:06] zoning, so we could actually put together a plan.

[1:02:07] >>

[1:02:10] bruce, would you try to get with some

[1:02:10] of

[1:02:11] these homeowners around and kind of

[1:02:14] meet with them a little bit and

[1:02:17] show them your plans at some

[1:02:19] point?

[1:02:20] >> we don't have

[1:02:21] a plan we don't even know.

[1:02:22] >> oh,

[1:02:23] absolutely, yes, sir.

[1:02:24] >> will

[1:02:24] you be more than happy to meet with

[1:02:26] them?

[1:02:27] >> yes, sir. >>

[1:02:27] okay, that's what I wanted to hear.

[1:02:28] >> okay.

[1:02:32] thank you.

[1:02:32] >> commissioner?

[1:02:34] >> thank you. Just for your guys comfort, they're

[1:02:35] going

[1:02:37] to have to still go through a traffic

[1:02:38] study and all

[1:02:39] those items as well. So after this,

[1:02:41] there is

[1:02:42] still a lot of hurdles to get through that,

[1:02:44] that will give

[1:02:45] you a little comfort.

[1:02:46] >> thank you for being here.

[1:02:52] >> joe ikenlaub? >> right on the money.

[1:03:02] >> there

[1:03:05] you go.

[1:03:06] >>

[1:03:08] how are you doing? Go ahead. You got

[1:03:11] a comment

[1:03:12] on this issue, go ahead.

[1:03:13] >> I want to

[1:03:14] congratulate them on

[1:03:16] what they're doing for the children

[1:03:17] or

[1:03:18] young adults, I'm guessing from what

[1:03:20] I heard 18 or over possibly.

[1:03:23] I don't know

[1:03:24] how many number of children or adults are

[1:03:26] going

[1:03:29] to be in the 43 units in the

[1:03:33] area. You just brought up

[1:03:36] a good point, rita, that this is

[1:03:38] an ongoing thing and a lot of things

[1:03:42] need to be addressed. What

[1:03:45] I would like to

[1:03:47] address of, these two gentlemen back

[1:03:48] here

[1:03:51] is our

[1:03:52] neighborhood that accidentally got

[1:03:54] notified that this

[1:03:57] was even happening. The

[1:03:59] signage, the minimal, looks like a

[1:04:00] sad

[1:04:02] garage sale sign that you couldn't

[1:04:04] read. Nobody in the whole neighborhood of

[1:04:06] the beach knew any of this was going on.

[1:04:12] we would like

[1:04:15] to have the consideration of h2

[1:04:17] to have this continued, so we could notify all

[1:04:20] the neighbors and get their opinions

[1:04:21] and to

[1:04:23] have a get together with them and

[1:04:24] maybe show up

[1:04:27] like the people that they

[1:04:30] would

[1:04:33] try to do here. Understand what in

[1:04:35] janet is trying to do. We would like

[1:04:36] to support it and the

[1:04:38] school with all the children across

[1:04:39] the

[1:04:42] street is kind of

[1:04:45] a concern

[1:04:47] for safety purposes, traffic naturally. And we

[1:04:48] would try to get

[1:04:51] people to the school buses on banana boulevard

[1:04:54] is the main thoroughfare

[1:04:57] besides courtney and

[1:05:00] tropical trail to get to right here. I

[1:05:03] would like to ask if

[1:05:06] this could be continued, so

[1:05:09] we

[1:05:11] could notify the neighbors ourselves, since

[1:05:12] you'll

[1:05:14] be able to do that for us as requested

[1:05:15] and so

[1:05:17] that we could have some time to put this

[1:05:18] all

[1:05:19] together and understand it.

[1:05:20] >> okay,

[1:05:21] thank you for

[1:05:23] your comments. Let me explain to you

[1:05:24] that there is a process that

[1:05:26] will go on before the zoning will be called on.

[1:05:30] we send out notices to everybody and

[1:05:32] there are signs that are posted on

[1:05:33] the land

[1:05:35] and things of that nature. So if you

[1:05:36] did

[1:05:39] not get

[1:05:41] a notice, I'm very surprised. Normally

[1:05:42] we don't

[1:05:44] do continuation on things unless there

[1:05:48] is some sort of confusion in regards

[1:05:50] to like what happened here tonight. There

[1:05:53] was some confusion in regards to somebody

[1:05:54] sending out a notice

[1:05:57] saying that the

[1:06:00] thing would be continued. I asked

[1:06:01] mr. Moia

[1:06:02] before he gets into the potential

[1:06:03] for site

[1:06:05] plan and things of that nature if

[1:06:06] he would come meet with

[1:06:08] you and he said he would. So that is

[1:06:09] the best

[1:06:12] that we could do tonight. I don't

[1:06:13] believe anybody wants to continue

[1:06:15] this tonight?

[1:06:16] >> I have a

[1:06:18] question.

[1:06:19] >> and did we send

[1:06:21] out notices in the mail.

[1:06:56] >> I believe so. But if you send out the

[1:06:58] mailer, you don't know if they receive it or

[1:06:59] not, but you make an effort to send

[1:07:00] it

[1:07:03] out, correct?

[1:07:04] >> yes, sir. And

[1:07:05] that mailer is a courtesy and it is

[1:07:06] above and beyond

[1:07:09] what the statue would require.

[1:07:12] so the

[1:07:15] request is posted on the property. It's

[1:07:17] advertised on the county website and

[1:07:18] a courtesy notice will

[1:07:21] go out.

[1:07:22] >> thank you. Okay.

[1:07:23] >> do you live within that radius

[1:07:24] that you might

[1:07:25] not have received it?

[1:07:26] >> yes. And

[1:07:27] 30 other people

[1:07:30] that I have notified and told about

[1:07:33] this, two of which

[1:07:36] got notification and they happen to

[1:07:38] be just 500 feet maybe.

[1:07:39] >> I got you. >>

[1:07:39] from there.

[1:07:40] >>

[1:07:41] thank you, chair.

[1:07:42] >> yes, sir. >>

[1:07:42] okay. Thank you

[1:07:45] very much for your time tonight.

[1:07:51] >>

[1:07:54] elizabeth?

[1:07:55] >>

[1:07:57] okay,

[1:07:59] we're getting close here.

[1:08:00] >> and I remember

[1:08:00] you

[1:08:03] and I was here tuesday. I sent you

[1:08:04] four

[1:08:06] images today and this is the image

[1:08:09] of what 500 feet looks like. Barely

[1:08:12] 12 homes. It's nice that

[1:08:14] it is a courtesy. And I sent each

[1:08:15] of you a picture of

[1:08:18] that sign

[1:08:21] that is sitting on the front

[1:08:24] of the property. The only

[1:08:27] reason that we have people in

[1:08:30] this room

[1:08:33] tonight because I went door to door and it shouldn't

[1:08:36] be my job out there to convey information

[1:08:38] to my neighbors, but it is important and

[1:08:39] as you can see

[1:08:42] by the few that are here, it

[1:08:45] san important issue. I requested

[1:08:47] a couple of things. When I was here

[1:08:48] on tuesday, I gave each

[1:08:51] of you a packet. Now inside that

[1:08:54] had packet, I don't think

[1:08:56] that there were emotional issues. These

[1:09:01] are things that

[1:09:04] are listed by fema and the

[1:09:06] fact that this property is in the

[1:09:07] middle

[1:09:09] of the high risk area should be a consideration. You're

[1:09:10] saying

[1:09:12] it's in the 43 houses. That's fine. But

[1:09:13] they're

[1:09:14] requesting the opportunity for an

[1:09:16] ful change that will

[1:09:19] put 15 houses per acre.

[1:09:21] and I'm just saying when we did the

[1:09:22] comp plan back

[1:09:25] 40 years ago, I'm not sure they

[1:09:28] really thought

[1:09:31] about the floodplains,

[1:09:33] the coastal hazard areas. I have talked

[1:09:34] to

[1:09:36] john smith and this is not a good

[1:09:39] idea really honestly in any shape

[1:09:40] or form. I would

[1:09:43] love to talk to mr. Moia.

[1:09:46] but the thing is in order

[1:09:48] to do that, the neighborhoods need

[1:09:52] to know that it is

[1:09:55] happening. And sorry, I went

[1:09:57] home on tuesday with no voice. And it's

[1:10:00] an request because on tuesday night,

[1:10:01] I was

[1:10:03] asked to what end? Why am I here? What

[1:10:06] do I want to convey? Number one, I

[1:10:11] do not believe in any way that adequate

[1:10:14] notice regarding the proposal was provided to

[1:10:17] the neighbors or I provided proof and

[1:10:18] it

[1:10:21] is in all of your e-mails.

[1:10:24] >> I know the rules, I'm

[1:10:26] sorry. I believe that the relationship with

[1:10:30] the

[1:10:33] zoning board might

[1:10:35] have complicated things. Because you're

[1:10:36] willing

[1:10:39] to apologize, but the irony is

[1:10:42] in the item

[1:10:45] that they went through the floodplains

[1:10:47] and all the issues with the soils,

[1:10:50] whereas in this, it san eight-page

[1:10:51] thing that they forgot to

[1:10:53] mention that it is a floodplain and

[1:10:54] provided pictures of it

[1:10:57] in color for you in

[1:10:58] e-mail. Please, please, please. I'm not asking

[1:10:59] for you to kill it. I would love for

[1:11:00] you

[1:11:02] to kill it right now. But I'm asking

[1:11:06] that it goes back to the board and

[1:11:07] that we advertise it correctly. I

[1:11:09] would like to see more

[1:11:11] people get involved with this. It's not a big ask.

[1:11:15] >> you got a minute and 44 seconds left?

[1:11:17] >> do

[1:11:18] you have any questions? Do you

[1:11:20] want me to show you images? And we're

[1:11:23] here to listen to you.

[1:11:24] >> well actually

[1:11:24] I sent

[1:11:26] them all information about the insurance and

[1:11:27] what is going on

[1:11:30] in lee county and what's happening from

[1:11:32] fema as we went from a class 7 to

[1:11:33] a class

[1:11:35] 8. We are costing our residents more

[1:11:36] in

[1:11:38] flood insurance. And if we do not

[1:11:40] start to properly manage our floodplains. If

[1:11:42] we do not

[1:11:44] properly consider what our wetlands

[1:11:45] are for. Listen,

[1:11:47] wetlands to a barrier island is what

[1:11:48] a barrier

[1:11:49] island is to the mainland. And it

[1:11:51] is a form of protection.

[1:11:54] no matter how much you think

[1:11:55] you'll put a pond in. It's not going

[1:11:57] to do

[1:12:00] the same thing as what mother nature is capable of doing.

[1:12:03] I hope

[1:12:06] you consider it. I'm not telling

[1:12:09] you what I think is, this

[1:12:12] is what

[1:12:14] is, all right? Just readvertise it where

[1:12:15] the sign actually

[1:12:18] stands up and you can

[1:12:21] see it. And do you mind if

[1:12:24] I give

[1:12:25] you this?

[1:12:26] >> no, go ahead. >> okay.

[1:12:30] thank

[1:12:33] you for your -- I'll submit

[1:12:35] this to the clerk. Okay, any discussion from the board?

[1:12:39] >> oh my

[1:12:42] goodness. Sandra sullivan. How

[1:12:43] could I miss you? Come up, please.

[1:12:51] >> it is almost like it's

[1:12:53] on purpose at this point. Sandra sullivan. Okay,

[1:12:54] so as you

[1:12:56] know, I'm very passionate about the

[1:12:57] barrier island,

[1:13:00] I live on it. Our lives depend

[1:13:03] on protecting the barrier

[1:13:06] island for evacuation. I've come out

[1:13:07] here

[1:13:09] for

[1:13:12] numerous times. This is

[1:13:14] a public safety, life safety issue. And

[1:13:15] I have

[1:13:18] been coming here as you

[1:13:21] defer to whose district it is, so

[1:13:24] I want to remind you on that

[1:13:27] and according

[1:13:30] to the studies. We are

[1:13:33] 56.6 hours, to evacuate the

[1:13:36] barrier islands in

[1:13:37] a category 5 hurricane. We are lucky

[1:13:39] that we have not been hit by

[1:13:42] one and we did not get hit by it

[1:13:45] and not to say that we won't

[1:13:48] get hit

[1:13:51] by another one. It's not

[1:13:54] if, but when. And to

[1:14:00] get off? We have

[1:14:01] flooding issues, where some haven't

[1:14:02] been able to go and they had to use this road.

[1:14:06] and

[1:14:09] then I wanted to talk about your

[1:14:11] comprehensive plan in not increasing

[1:14:15] density on

[1:14:17] the coastal high hazard area. I also

[1:14:18] want

[1:14:21] to read this

[1:14:24] article that came out

[1:14:27] today. The emergency management agency confirmed,

[1:14:30] wait a

[1:14:32] second here. Earlier this year, stripping cape coral.

[1:14:39] fort myers beach. 25% flood

[1:14:45] insurance discounts. Under the

[1:14:48] federal flood insurance

[1:14:51] program, the county has an agreement

[1:14:54] with this federal agency in

[1:14:57] order to get discounts. You are suppose

[1:14:59] to be protecting the floodplain. You're

[1:15:00] suppose to

[1:15:02] be. But what I'm seeing is you're not

[1:15:03] and

[1:15:05] we're going to end up like lee county

[1:15:06] where

[1:15:09] we're going to be on top of all the other

[1:15:10] insurance

[1:15:12] crisis that we're dealing with. You're

[1:15:13] going

[1:15:15] to cause people to suffer more with

[1:15:18] even higher increases. And so

[1:15:21] not only are you potentially endangering

[1:15:22] lives for

[1:15:23] evacuation because we cannot get off because

[1:15:27] of the growth at 98% capacity

[1:15:30] to get off the causeway. But

[1:15:33] now the appropriate place

[1:15:36] to put kids that are

[1:15:39] coming out is on the main lands, and

[1:15:40] I also want

[1:15:42] to read from the

[1:15:45] staff reports on this that

[1:15:48] says that the closest management segment to

[1:15:51] the subject property is on courtney

[1:15:54] parkway between south tropical trail

[1:15:55] to

[1:16:00] banana boulevard, which has an acceptable

[1:16:04] level of service of e.

[1:16:07] some

[1:16:08] of the people here have discussed

[1:16:10] traffic issues

[1:16:12] in that area as well. And the key

[1:16:13] issue

[1:16:15] is the evacuation and not putting

[1:16:19] more density on the high

[1:16:22] hazard area and to

[1:16:24] protect the floodplain as you're required

[1:16:28] to do under the flood program.

[1:16:31] and that as affordable

[1:16:33] housing, they're waiving their impact fees,

[1:16:34] and so that will be burden by the people

[1:16:37] as well. Thank you.

[1:16:38] >>

[1:16:40] thank you very much. Mark rosen?

[1:16:49] >> good evening.

[1:16:52] so

[1:16:53] I found out at the last minute because

[1:16:55] of

[1:16:57] the way your rules work, which I came

[1:16:58] -- [ inaudible

[1:17:01] ] I came from

[1:17:03] dade county, born and raised floridian. We

[1:17:04] do

[1:17:06] things differently there and people participate.

[1:17:10] I live on 360

[1:17:11] banana boulevard. So I don't know

[1:17:13] enough about the floodplains

[1:17:14] and all the technicalities, so I'm

[1:17:15] not going to pretend to do it, but

[1:17:16] I support

[1:17:18] it. If they exist, they should be abided by. But

[1:17:19] I

[1:17:21] can tell you that traffic is a real issue with the schools.

[1:17:25] I

[1:17:28] can't even get out onto courtney

[1:17:31] in the morning

[1:17:33] during school sessions on jefferson. You

[1:17:34] can

[1:17:35] go around or wait for courteous people

[1:17:37] a lot

[1:17:40] better here than they are in miami. People

[1:17:45] line up on banana boulevard from almost

[1:17:46] a block and

[1:17:48] a half, two blocks. Morning and evening.

[1:17:52] now

[1:17:55] they're going to

[1:17:57] add more congestion to congested area,

[1:17:58] which

[1:18:00] is a concern to me and a safety hazard. So

[1:18:01] I would

[1:18:04] say was there any kind of impact

[1:18:06] study done to understand what it will

[1:18:07] be? And

[1:18:10] how that's going to

[1:18:12] be safe for people, you know, that

[1:18:14] we don't think anyone wants that traffic light.

[1:18:18] and due to increased population. That people

[1:18:19] and

[1:18:21] so has that been considered? And if

[1:18:22] it

[1:18:25] isn't, would you kindly do

[1:18:31] it? Because we live there. And

[1:18:34] as people who do. Thank you.

[1:18:37] >> paul hoskins?

[1:18:46] >> I live on

[1:18:49] hibiscus boulevard, the

[1:18:54] road north of that. I'm thinking they

[1:18:55] could put 48 houses out

[1:18:58] there and that is wrong, it's

[1:19:00] 48 units, so I'm glad that's clarified. But

[1:19:01] you

[1:19:04] see all

[1:19:05] these apartment buildings popping

[1:19:07] up everywhere and any way, you

[1:19:10] know, I guess I would like to know

[1:19:11] what's

[1:19:13] going on and I appreciate the

[1:19:15] 500-foot notice, but that is ridiculous.

[1:19:19] and it

[1:19:21] is in your policy, whatever, but it

[1:19:22] would be nice to

[1:19:24] know what they are really going to

[1:19:25] do

[1:19:27] there. Is that a four-story building, five

[1:19:28] story? I

[1:19:31] don't know, you know. I guess I can't

[1:19:32] ask

[1:19:34] them. And I'm learning your

[1:19:35] rules here. That's my concern. I would

[1:19:37] like to know what's going on, that's

[1:19:40] all. >> we appreciate you sharing your

[1:19:41] comments. Anything else? >> I have four minutes to spare.

[1:19:44] >> and commissioner goodson, this is your district.

[1:19:46] >> and chairman, I would like to bring bruce back up.

[1:19:54] bruce the site is 2.9 acres.

[1:20:01] could you tell us --

[1:20:07] give me the process to get plans approved.

[1:20:12] >> in the county, we create the plan drawings and engineer

[1:20:21] the stormwater, comply with floodplain, traffic study,

[1:20:27] environmental study,

[1:20:33] surveys of property

[1:20:36] and coordinate with utilty company for water and sewer.

[1:20:40] so...

[1:20:43] and I wanted to say this as a part of

[1:20:46] the discussion or not, but it

[1:20:49] is irrelevant of the zoning and they could go

[1:20:51] and develop this right now [ inaudible ]

[1:21:02] it will be limited to meet your rules

[1:21:03] and the floodplain rules

[1:21:05] are stringent, which is why you have

[1:21:06] the good grades you have because

[1:21:08] of your rules not because of what

[1:21:09] will get constructed. [ inaudible ]

[1:21:31] >> and come back again. Just an average. >>

[1:21:34] I can't even tell you how many times

[1:21:35] that

[1:21:36] happens, every time and multiple times

[1:21:37] on every project,

[1:21:38] yes, sir.

[1:21:40] >> and so they are very efficient in

[1:21:40] making

[1:21:43] sure you act right?

[1:21:45] >> yes, sir, absolutely. >> okay, I

[1:21:45] thought so too. The other issue, just

[1:21:46] asking, the church

[1:21:48] is there now, right?

[1:21:49] >> yes, sir. >>

[1:21:49] is that church going to remain or

[1:21:52] do you not know?

[1:21:53] >> it will

[1:21:55] not come down, it will come down. If

[1:21:56] you

[1:21:57] had 2.29 acres and retention that

[1:21:58] you need to hold on to

[1:22:01] your property for 24 hours,

[1:22:04] how much of that

[1:22:06] 2.92 gets developed usually of what percentage

[1:22:10] of an acre gets developed?

[1:22:11] >>

[1:22:13] you have restrictions that you

[1:22:16] cannot go above that and

[1:22:20] a site has 28%

[1:22:21] devoted for stormwater retention.

[1:22:23] >> and you

[1:22:25] have no intentions of mitigating?

[1:22:26] >> I

[1:22:26] don't

[1:22:29] know if there are, we don't

[1:22:32] know that yet. We have

[1:22:34] not done that study. But we don't impact

[1:22:37] anything that we are not allowed to.

[1:22:38] >>

[1:22:38] and

[1:22:40] I know that traffic is a concern,

[1:22:41] which makes

[1:22:43] this a great project because most

[1:22:45] of these kids don't drive. So this

[1:22:47] is not

[1:22:49] typical where you see that is being

[1:22:50] restricted

[1:22:52] all over the place where everybody has

[1:22:53] two cars. That's not

[1:22:54] what's going to happen here.

[1:22:55] >> thank

[1:22:56] you, chair.

[1:22:57] >> do you have

[1:22:58] a motion?

[1:23:00] >> I would like to move. >> I'm sorry.

[1:23:01] >> the light is on and somebody is home.

[1:23:04] >> thank you. Go ahead, commissioner pritchett. >>

[1:23:05] I

[1:23:07] do know from the notes that right

[1:23:10] now, there could be 133 trips, and

[1:23:12] then you're removing the church as

[1:23:14] well and churches typically have

[1:23:16] a lot of traffic too. Just another

[1:23:17] comfort

[1:23:19] thing is that they're going to have

[1:23:20] to do a lot of hoop

[1:23:22] jumping here to still get the project

[1:23:23] done, and I'm sure you're going

[1:23:24] to sit with the community then at

[1:23:26] that time and

[1:23:28] let them know what you're designing and

[1:23:29] planning. As

[1:23:31] far as the parameter of what we sent

[1:23:32] out notices

[1:23:35] for is what we have always

[1:23:37] done. If the board deems to have another

[1:23:39] consideration to expand that. That has been

[1:23:40] an add went amount that we've never

[1:23:41] had that problem

[1:23:42] in the past. So I want to mention

[1:23:44] that it is not new

[1:23:46] for this project and the staff has

[1:23:47] add wently done

[1:23:49] a great job again. That's all I want

[1:23:53] to say, sir.

[1:23:53] >>

[1:23:54] thank you, commissioner.

[1:23:55] >> yes, I

[1:23:56] would like to make a motion that

[1:23:58] we will approve this and the change

[1:23:59] of zoning

[1:24:02] and the classification

[1:24:05] through the inl to ru2-15.

[1:24:06] >> is

[1:24:08] there a second?

[1:24:09] >> second. >>

[1:24:11] is there

[1:24:13] a discussion? Hearing no discussion.

[1:24:14] >>

[1:24:14] aye.

[1:24:15] >>

[1:24:15] motion carries.

[1:24:16] >> thank you very much.

[1:24:20] >> and whose card would that be?

[1:24:31] >> beth. >> your name is beth? >>

[1:24:35] yeah, I

[1:24:41] filled out a card.

[1:24:47] >> you can go ahead and

[1:24:49] come on up, but I believe we haven't taken

[1:24:50] a

[1:24:53] vote yet, have we? Okay, come on

[1:24:55] up. Let's hear what you have to say.

[1:25:02] >> thank you. That's okay.

[1:25:05] >> just one moment, ma'am. Will

[1:25:07] you reon the part public hearing on

[1:25:08] the item?

[1:25:09] >> yes, sir.

[1:25:11] >> is there a motion to reopen the

[1:25:12] public

[1:25:13] hearing?

[1:25:14] >> so moved. >> is there

[1:25:14] a second?

[1:25:15] >>

[1:25:17] I'll second.

[1:25:18] >> signify by

[1:25:19] saying aye.

[1:25:20] >> aye. >> opposed nay? Thank

[1:25:20] you very

[1:25:23] much.

[1:25:24] >> my name is beth.

[1:25:26] I'm

[1:25:29] retired from

[1:25:32] federal government, which don't

[1:25:34] mean much. And what I thought was

[1:25:35] pertinent that he's

[1:25:38] not sure about

[1:25:41] the wetlands. When it rains, I always

[1:25:43] notice this when I'm driving, the

[1:25:47] water never

[1:25:50] goes away for weeks, weeks,

[1:25:52] weeks, it just sits there. It is a

[1:25:53] wetland and

[1:25:56] I can't imagine anybody that is

[1:25:58] building anything on that and there

[1:25:59] is no reason to do that.

[1:26:02] and as far as they don't have

[1:26:05] vehicles, somebody has to

[1:26:08] take these people to

[1:26:10] doctors or whatever, to the grocery, whatever. It

[1:26:11] will add

[1:26:13] more traffic that I personally don't

[1:26:14] even go that direction

[1:26:17] when I walk, drive down banana boulevard. I

[1:26:20] have to turn and

[1:26:22] make another trip because the traffic

[1:26:23] all day long

[1:26:26] now is getting worse. And I didn't

[1:26:29] know myself, who do I contact to tell

[1:26:32] somebody that hey, it's getting worse

[1:26:33] out here. I've

[1:26:34] seen two children almost get hit by

[1:26:35] cars,

[1:26:38] which is just because there are

[1:26:40] so many people. And like the one gentlemen

[1:26:41] said, people are

[1:26:44] lining

[1:26:46] up on the streets. It is ridiculous. Thank you so

[1:26:47] much for what you do.

[1:26:50] I believe in the government.

[1:26:56] and thank you so much,

[1:26:58] I have lived here for ten years. I'm

[1:26:59] not going

[1:27:02] back to ohio, I do love ohio.

[1:27:03] >> I'm sorry we missed your card.

[1:27:05] >> in

[1:27:08] light of those additional comments,

[1:27:10] and I apologize, but take that vote

[1:27:11] again,

[1:27:14] please.

[1:27:15] >> we have

[1:27:17] not taken a vote yet.

[1:27:18] >>

[1:27:20] okay. I would like to make

[1:27:23] a motion that we approve

[1:27:29] this and

[1:27:32] I

[1:27:34] can't find it, okay. Okay, thank you,

[1:27:35] thank you.

[1:27:36] >>

[1:27:38] it is a motion on h14.

[1:27:41] 24200014.

[1:27:44] okay, is there any discussion?

[1:27:47] commissioner feltner?

[1:27:50] [ inaudible ]

[1:27:53] there's

[1:27:55] a motion by commissioner goodson,

[1:27:56] second by commissioner

[1:27:58] pritchett. No more discussion. All in

[1:27:59] favor signify by

[1:28:02] saying aye?

[1:28:03] >>

[1:28:05] aye.

[1:28:06] >> the motion

[1:28:07] carries. Okay, thank you. Let's go on to h15.

[1:28:08] jeff, please.

[1:28:11] >> scott

[1:28:14] martin requests a change

[1:28:17] of zoning classification from bu-1

[1:28:23] and ru-2-15 to all ru-2-15,

[1:28:26] 24z00015, tax account number

[1:28:28] is 2520270, located in district 2.

[1:28:29] >> okay.

[1:28:35] is the applicant here? Scott?

[1:28:38] scott martin? All right, so you just

[1:28:40] sit right there for a second, scott. Let's

[1:28:41] turn it

[1:28:44] over to commissioner goodson for

[1:28:47] his analysis of this. It

[1:28:49] is his district. Commissioner? With

[1:28:50] a say you?

[1:28:51] >> I have no conflict.

[1:28:53] >> okay. >> you might be off the

[1:28:55] hook, but let's try. Is there a motion

[1:28:57] to approve?

[1:28:58] >> I'd like

[1:29:00] to make a

[1:29:01] motion, mr. Chair, to approve. >> is there a second?

[1:29:04] >> second.

[1:29:07] >> motioned by commissioner goodson,

[1:29:08] seconded by commissioner tobia. Any

[1:29:12] discussion? There is no

[1:29:16] cards out there. I think. Okay. All

[1:29:20] in favor? Motion carries. Thank you

[1:29:21] so much.

[1:29:22] >>

[1:29:24] see ya, scott.

[1:29:25] >>

[1:29:25] thank you.

[1:29:26] >>> all right, let's go

[1:29:27] to

[1:29:29] the next one.

[1:29:30] >> h16 is brevard county

[1:29:31] board of county commissioners requests a

[1:29:33] change of zoning classification

[1:29:36] from au with the cup

[1:29:39] and gml to all gml institutional

[1:29:42] with the removal of

[1:29:45] a cup, application

[1:29:48] number 24z00017, tax

[1:29:50] account number 2055557, located in

[1:29:51] district two. >> okay, commissioner goodson?

[1:29:53] >> I have

[1:29:54] no issue of this. I would

[1:29:57] make a motion

[1:30:00] for approval. And that is

[1:30:03] the sheriff's farm.

[1:30:04] >> there

[1:30:05] is a motion by commissioner goodson

[1:30:07] and any discussion? Hearing no discussion,

[1:30:09] all in favor signify

[1:30:12] by

[1:30:14] saying aye? All opposed nays? Motion carries.

[1:30:15] you're up,

[1:30:18] jeff.

[1:30:20] >> h17 is borrows west suite developers,

[1:30:21] llc, requests a cup for

[1:30:22] on-premises consumption of alcohol

[1:30:27] in a pud

[1:30:29] zoning classification. Application

[1:30:30] number

[1:30:32] 24z00019, tax account number 3030134,

[1:30:33] located in district

[1:30:34] four.

[1:30:34] >> commissioner feltner? >>

[1:30:35] I make a motion to approve.

[1:30:36] >> is

[1:30:39] there a second?

[1:30:40] >> second.

[1:30:42] >> motioned by

[1:30:44] commissioner feltner, seconded by commissioner

[1:30:45] tobia. Any discussion? Hearing

[1:30:48] no discussion,

[1:30:51] all

[1:30:54] in favor?

[1:30:55] >> aye. >> all opposed? The motion carries.

[1:30:56] >> h18, walter chlewicki requests

[1:30:57] a

[1:30:59] change of zoning classification from

[1:31:00] ru-1-13

[1:31:03] to ru-2-4 with a bdp. The

[1:31:06] application is requested to be tabled

[1:31:08] to allow readvertising the applicant

[1:31:09] who did not appear at the pnz meeting.

[1:31:12] >> okay, so we don't

[1:31:14] need to do anything on this?

[1:31:15] >> this

[1:31:15] will be

[1:31:16] readvertised.

[1:31:17] >> okay. So that one is done.

[1:31:18] okay.

[1:31:21] >> all right,

[1:31:23] we have any unfinished business? We

[1:31:27] have some public comments. Sullivan?

[1:31:57] and it is a 9:00 a.m. Meeting.

[1:32:21] and to bring this forward.

[1:32:24] and they are leaving.

[1:32:38] and our current lagoon decision should be with the commissioners.

[1:32:42] and for the next ten years.

[1:32:57] and with

[1:32:59] no burden to make poor decisions to

[1:33:00] not fix what is wrong.

[1:33:08] and the voters this year and that

[1:33:09] I

[1:33:11] believe the decision of the commissioners will

[1:33:12] go on

[1:33:14] in district three and district five without burdening them.

[1:33:21] and the strive.

[1:33:27] the money that were paid for the fund.

[1:33:33] and now weaponized.

[1:33:48] and of $50 million down to palm bay.

[1:33:57] and the modification.

[1:34:13] and so we know what will happen and that will end up there.

[1:34:24] and the commissioners that are

[1:34:26] coming in here and the conflict of interest issues.

[1:34:47] and the infrastructure tax, 2.775.

[1:34:52] [ inaudible ]

[1:35:08] >> stella snooks?

[1:35:17] >> good day, county staff. I'm steven

[1:35:23] snooks, born here

[1:35:26] at cape canaveral. And I'm looking

[1:35:27] to improve brevard

[1:35:29] county as best as I

[1:35:33] can and we have cruise

[1:35:35] ships coming to town twice a week

[1:35:42] on schedule for one shift. And

[1:35:44] so we have them coming to town and

[1:35:45] what do

[1:35:47] they do? They come here. [ inaudible ]

[1:35:51] they leave

[1:35:52] here. They go to orlando and they

[1:35:57] seek enjoyment and things

[1:35:59] like that and so it's to central florida.

[1:36:02] and if they wanted to increase revenue and profits.

[1:36:23] >> and to have a competition course constructed in

[1:36:26] the northwest sector and

[1:36:29] in the '05, '06, '07.

[1:36:31] and 16, 17, 18 parcels. It is a

[1:36:37] lot of land out

[1:36:40] that way. Currently it is owned by

[1:36:42] the miami alternatives, the llc. And

[1:36:43] about 10,

[1:36:45] 12 acres out there to my record search

[1:36:46] and I

[1:36:49] was able to find

[1:36:55] one payment on all those.

[1:37:01] and so this

[1:37:04] is in great conflict to the

[1:37:07] plans to bring

[1:37:08] profit through entertainment for brevard

[1:37:09] county as 10, 12 acres going to the

[1:37:13] area would

[1:37:14] mean a proposal for residentials housing,

[1:37:16] things of that nature. And you could

[1:37:19] imagine the competition course and

[1:37:21] next to the residential areas, they would

[1:37:22] not be a

[1:37:25] great thing that there would be noise

[1:37:27] complaints and such. As this area

[1:37:28] is still

[1:37:29] untouched, there's been no ground

[1:37:31] broken for the

[1:37:34] name of this company, and their

[1:37:36] pursuit for over 12 years. That tells

[1:37:37] me that

[1:37:38] they are stalemating the efforts of brevard

[1:37:40] county to have growth.

[1:37:43] I would like

[1:37:46] the county to consider to put in

[1:37:48] land near this development into a

[1:37:49] land trust, so

[1:37:51] that way their stalemating can be

[1:37:52] combated with putting land

[1:37:55] into

[1:37:58] a trust that could then

[1:38:00] have the investors confidence in following

[1:38:01] through with

[1:38:04] contributing more funds

[1:38:06] to this land trust to then develop the

[1:38:07] competition courses for brevard county.

[1:38:13] and at this point, I would

[1:38:16] like to

[1:38:19] be in touch with

[1:38:21] frank abbate to complete that task.

[1:38:21] >>

[1:38:22] thank you, steven.

[1:38:22] >>

[1:38:25] can I ask a question? When you say

[1:38:26] competition course? What is

[1:38:28] that? What does that entail?

[1:38:28] >>

[1:38:31] competition

[1:38:34] course would be a street

[1:38:36] course, a drag strip, a dirt course,

[1:38:40] a pump track, which would be

[1:38:42] for bmx, bikes, and such. And this

[1:38:43] would

[1:38:46] be on the scale of olympic

[1:38:49] level tracks for all the

[1:38:52] respective sports,

[1:38:55] and also to include aerial

[1:38:56] tracks, the scaled down for first person view

[1:38:58] racing. I think that would be

[1:39:01] more of a hit for the kids to be able

[1:39:01] to learn

[1:39:03] racing before they would get into a vehicle themselves.

[1:39:10] it's great because it's not

[1:39:12] causing the hazard or the risk to

[1:39:13] nasa and things

[1:39:15] of that nature, which will have no fly

[1:39:16] zones.

[1:39:17] >> I'm

[1:39:17] curious of the drag strip. How long

[1:39:19] does that have

[1:39:22] to be

[1:39:25] in that modern era?

[1:39:26] >> other tracks are comparable to quarter

[1:39:28] miles, half mile. The street course,

[1:39:31] they could take up as

[1:39:34] much as 100

[1:39:37] acres. I would feel to

[1:39:39] include each and every track. 500

[1:39:40] acres

[1:39:43] to a thousand acres would be the

[1:39:45] absolute bare minimum and then you

[1:39:49] would have to include the

[1:39:52] parking infrastructure, the frontage

[1:39:52] for

[1:39:54] stores, things of that nature. So

[1:39:55] I feel that it

[1:39:58] would be a great

[1:40:01] starting

[1:40:02] bid for potentially getting brevard county

[1:40:03] into land approved to be better.

[1:40:04] >>

[1:40:05] not that far away from us?

[1:40:05] >> correct.

[1:40:10] >> and it is primarily

[1:40:13] only a quarter mile track. This would

[1:40:16] not include street courses, dirt courses, aerial courses. And

[1:40:18] I've reached out to them to see if

[1:40:22] they would like to expand their mission

[1:40:25] and to include partnerships that would

[1:40:25] help assemble

[1:40:28] that. And they denied that. They have no

[1:40:28] aim

[1:40:30] for growth and they are also not in

[1:40:31] brevard county. So

[1:40:33] the revenue and those events would still be lost.

[1:40:37] >> thank you, sir. >> you're welcome. >>

[1:40:38] any other questions?

[1:40:39] >> commissioner pritchett,

[1:40:39] do you have a question?

[1:40:46] >> I think that it sounds like a very fun idea. So I

[1:40:49] think if

[1:40:52] you will go out and find

[1:40:54] investors and you can start working

[1:40:55] on that. And then we could

[1:40:57] get a plan. I might be willing to

[1:40:58] consider zoning changes, but

[1:41:01] you'll need to go out first to find

[1:41:02] some investors and

[1:41:03] find some funds.

[1:41:04] >> certainly. >>

[1:41:04] thank you. That's all I wanted to say.

[1:41:10] >> okay, thank you, steven. >>

[1:41:11] thank you very kindly.

[1:41:12] >> all right.

[1:41:13] board reports?

[1:41:16] county manager?

[1:41:19] >> I have no report.

[1:41:22] >> county attorney? >> no report,

[1:41:23] mr. Chair.

[1:41:24] >> commissioner pritchett? >> thank you, sir.

[1:41:25] I did

[1:41:27] want to just mention one thing that

[1:41:28] we just came

[1:41:30] out of a very heated meeting. And

[1:41:31] I do

[1:41:34] understand that people needed a need

[1:41:36] to say what they needed to say and

[1:41:37] I totally get it

[1:41:40] and that

[1:41:43] we

[1:41:46] would

[1:41:48] put up the civility. That they want

[1:41:49] to state their strong

[1:41:51] opinion without yelling at people

[1:41:52] or typically getting personal with

[1:41:52] people, so

[1:41:55] I want to commend you on that and that I

[1:41:56] think that we

[1:41:58] have a couple of people right now

[1:41:58] that will

[1:42:01] be crossing the line as I wanted to mention.

[1:42:04] the personal attack on our staff that

[1:42:06] they don't deserve that as we signed up

[1:42:08] for it and

[1:42:09] that we are thick skinned and we would

[1:42:14] deal with it and

[1:42:16] that county staff, it's out of bounds. I

[1:42:17] want

[1:42:19] to apologize to all the county staff

[1:42:20] that

[1:42:22] would have to deal with that and tay

[1:42:23] kind of caught

[1:42:25] me off guard and I give you my word

[1:42:26] that

[1:42:29] I'm going

[1:42:30] to be very strong and proactive of not letting

[1:42:32] you guys ever

[1:42:34] get beat up again like that on personal attacks

[1:42:35] and so

[1:42:38] that is what I wanted

[1:42:39] to say. You're wonderful people. I

[1:42:41] thank

[1:42:42] you for your integrity and all that you

[1:42:44] do as you

[1:42:47] bring a

[1:42:50] lot to the table. And

[1:42:53] to talk without

[1:42:55] being mocked from the front and most

[1:42:56] of the

[1:42:57] time that this is happening, they're

[1:43:02] going out there, so you handled

[1:43:04] it beautifully, but I'm getting thin

[1:43:05] on the way they're treating you as well. And

[1:43:06] if you want to, you certainly have it.

[1:43:09] >> thank you, commissioner. Commissioner goodson?

[1:43:12] >> none, sir.

[1:43:14] >> commissioner tobia? >> no report, mr. Chair.

[1:43:17] >> no report. >>

[1:43:19] commissioner steel? No report. Do I hear

[1:43:21] a motion to adjourn?

[1:43:23] >> motion so made.

[1:43:24] >> is there a second? >> I'll second.

[1:43:26] >> all in favor? >> aye.

[1:43:29] >> all opposed? Meeting is adjourned.

Brevard County Board of County Commissioners on 2024-07-11 5:00 PM - Zoning

Agenda

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