ALL RIGHT, FOLKS, WE'RE GOING TO GO AHEAD AND GET STARTED.
[CALL TO ORDER:]
[00:00:03]
THE MAY 5TH, 2021 MEETING OF THE PLANNING AND ZONING BOARD IS CALLED TO ORDER EVERYONE PLEASE RISE AND FACE THE FLAG.AND DON WILL LEAD US IN THE PLEDGE OF ALLEGIANCE.
MR. BOERMA PRESENT, MR. BOOTHROYD PRESENT, MR. HILL PRESENT, MR. JORDAN, MR. BARAK HAS ASKED TO BE EXCUSED.
MR. WARNER OR ISN'T MR. WEINBERG AS MR. CARAFA AND OUR ACCOUNTANT, OUR BOARD COUNSEL, DEPUTY CITY ATTORNEY GENERAL ASHCROFT IS IN ATTENDANCE. WE HAVE A QUORUM.
HEY, THANK YOU, SHANDRA. OUR FIRST ITEM OF BUSINESS IS THE ADOPTION OF MINUTES FROM OUR
[ADOPTION OF MINUTES:]
APRIL 7TH, 2021 MEETING.I HAVE A MOTION, PLEASE. OCEAN TO ACCEPT THE MINUTES FROM MAY 5TH.
APRIL 7TH MEETING, WE HAVE WE HAVE MOTION THE SECOND ANY DISCUSSION ALL IN FAVOR, SAY, AY, AY, AY, ALL OPPOSED MOTION CARRIES UNANIMOUSLY.
[ANNOUNCEMENTS:]
THE BENEFIT OF EVERYONE IN ATTENDANCE, PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF SEVEN MEMBERS.ALL MEMBERS OF THE BOARD ARE UNPAID VOLUNTEERS APPOINTED BY THE CITY.
OUR PROCEDURES ARE AS FOLLOWS, GROWTH MANAGEMENT STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE. BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF.
THE APPLICANT OR THEIR REPRESENTATIVE WILL THEN BE ASKED TO COME TO THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE AND TO ANSWER ANY QUESTIONS FROM THE BOARD, THE FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENTS.
WE WILL FIRST HEAR FROM THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION AND THOSE OPPOSED. WE'RE ALL PROCEEDINGS, ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN OATH CARDS LOCATED AT THE PODIUM.
PLEASE PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. AS A COURTESY, I ASK THAT IF THERE WAS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS, YOU INFORMALLY APPOINT A SPOKESMAN TO CLARIFY YOUR VIEWS. AFTER PUBLIC COMMENTS, I WILL BRING THE CASE BACK TO THE BOARD AT THIS TIME, THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS FROM THE PUBLIC WILL BE HEARD.
I WILL THEN CALL FOR A MOTION AND A SECOND AT WHICH TIME THE BOARD MAY HAVE ADDITIONAL COMMENTS OR FURTHER DISCUSSION.
DECISIONS OF THE PLANNING AND ZONING BOARD ARE THEN FORWARDED TO THE CITY COUNCIL FOR FINAL DISPOSITION.
THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION.
[OLD/UNFINISHED BUSINESS:]
ON THE AGENDA TONIGHT, ITEM ONE UNDER OLD UNFINISHED BUSINESS CASE NUMBER V NINE, 2021, AND UNDER NEW BUSINESS ITEM NUMBER.SIX CASE SEIYU, 18, 20, 21 PALM BAY MARINA AND CASE 11 TO 19, 20, 21, PAUL PELUSI, ALL THREE OF THOSE CASES HAVE BEEN CONTINUED TO OUR JUNE 2ND, MEETING TWO.
IF YOU'RE HERE AS A MEMBER OF THE PUBLIC FOR ANY OF THOSE CASES, THEY WON'T BE HEARD TONIGHT. OUR FIRST CASE UNDER NEW BUSINESS POLICE, PATRICK.
[NEW BUSINESS:]
THANK YOU, MR. CHAIRMAN. FIRST, CASEY, BEFORE 20, 21 BACKGROUND PROPERTIES LOCATED AT THE NORTHWEST CORNER OF US HIGHWAY NUMBER ONE IN PORT MALABAR BOULEVARD, NORTHEAST, SPECIFICALLY THE SUBJECT PROPERTY IS TAX PARCEL'S AAA, BB AND CISSY, ALL IN SECTION 25, TOWNSHIP 28, SOUTH RANGE 37 EAST PROPERTIES.VACANT LAND. CURRENTLY EXISTING UPON THE PARCELS ARE THE REMNANTS OF A PARKING LOT.
THE SITE WAS PREVIOUSLY THE PORT MALWARE SHOPPING CENTER, WHICH CONTAINED APPROXIMATELY EIGHTY TWO THOUSAND ONE HUNDRED SQUARE FEET OF COMMERCIAL SPACE.
THE PLAZA WAS ORIGINALLY CONSTRUCTED IN 1971 AND SERVED THE SURROUNDING COMMUNITY UNTIL 2004, WHEN IT WAS BADLY DAMAGED BY TWO HURRICANES.
ALL BUILDINGS WERE DEMOLISHED IN 2006.
ONLY THE PARKING AREA AND A FEW EXISTING TREES REMAIN.
IN 2007, THE SAME APPLICANT MR DOWNER STOLE SUCCESSFULLY AMENDED THE COMPREHENSIVE PLAN FEATURE LENGTH TO REDESIGN THE PROPERTY FROM COMMERCIAL USE TO MIXED USE FUTURE LAND USE AND INCLUDED THE FOLLOWING CONDITIONS.
MAXIMUM DENSITY SHALL BE ONE HUNDRED AND SIXTY ONE RESIDENTIAL UNITS.
MAXIMUM COMMERCIAL INTENSITY IS CAPPED AT SIXTY ONE THOUSAND FIVE HUNDRED SQUARE FEET.
USES PERMITTED USE IS PERMITTED WHERE THE PERMITTED USES AND CONDITIONAL USES OF THE HIGHLY COMMERCIAL ZONING DISTRICT.
[00:05:02]
WHICH IS WHAT IT WAS PREVIOUSLY ZONED, A COMPANION REZONING AMENDMENT WAS ALSO APPROVED REZONING THE PROPERTY FROM H.S.TO THE PC PART D PLANNED COMMUNITY REDEVELOPMENT DISTRICT.
THE ABOVE CONDITIONS ARE APPROVAL'S BINDING UPON THE LAND.
ADDITIONALLY, THE REZONING TO PICARDY WAS CONTINGENT UPON THE SITE PLAN EXHIBIT THAT WAS REQUIRED FOR THIS TYPE OF AN APPLICATION LIKE THE PRE PLANNED UNIT DEVELOPMENT APPROVAL PROCESS. A PICARDY UPON ADOPTION BY CITY COUNCIL CONSTITUTED A REZONING OF THE PROPERTY, BUT ONLY FOR THE SPECIFIC DEVELOPMENT, INTENSITIES AND RESIDENTIAL DENSITIES PROVIDED BY SAID PLAN. THE SITE PLAN INCLUDED REDEVELOPMENT OF THE SITE WITH THREE BUILDINGS, TWO BUILDINGS WERE TO OPEN DIXIE HIGHWAY, KNOWN AS BUILDINGS A AND B BUILDING A INCLUDED THIRTY SIX THOUSAND SQUARE FEET OF RETAIL COMMERCIAL ON THE FIRST FLOOR, WITH THE REMAINDER OF THE BUILDING BEING CONDOMINIUM UNITS, APPROXIMATELY 260000 TOTAL SQUARE FEET. BUILDING B WAS COMPLETELY RESIDENTIAL, INCLUDING TWO HUNDRED FIFTY TWO THOUSAND SQUARE FEET. BOTH BUILDINGS WERE APPROVED FOR A MAXIMUM HEIGHT OF 70 FEET ABOVE THE CROWN OF DIXIE HIGHWAY BUILDING.
C, LOCATED IN THE SOUTHWEST PORTION OF THE SITE, WAS TO CONSIST OF TWENTY FIVE THOUSAND FIVE HUNDRED SQUARE FEET AND A THREE STOREY COMMERCIAL OFFICE BUILDING.
IT WOULD HAVE A MAXIMUM HEIGHT OF 40 FEET.
ENGINEERED DISCIPLINES WERE ADMINISTRATIVELY REVIEWED BY CITY STAFF, BUT ULTIMATELY THE APPLICANT DECIDED NOT TO CONSTRUCT THE PROJECT.
OVER THE PAST YEAR, SEVERAL INTERESTED DEVELOPERS AND INVESTORS HAVE MET WITH CITY STAFF REGARDING DEVELOPMENT OF THE PROPERTY IN THE SAME FASHION AS IT WAS APPROVED FOR.
HOWEVER, FOR VARIOUS FINANCIAL AND DEVELOPMENTAL REASONS, THE SITE HAS CONTINUED TO SIT UNDEVELOPED IN ITS PRESENT CONDITION.
THEREFORE, THE APPLICANT, JEFFREY, UNDERSTOOD ALL OF ESTOPPEL.
HIS LLC HAS SUBMITTED A LARGE SCALE COMPREHENSIVE PLAN FOR LAND USE MAP AMENDMENT APPLICATION TO CHANGE THE DESIGNATION OF THE TEN POINT THREE ACRE PROPERTY FROM MIXED USE TO BAYFRONT MIXED USE.
THE OPTION WILL BE REPRESENTED BY BRUCE MOYAR, THE ENGINEERING AND MICHELLE ZORN, MANAGER PROSPECT REAL ESTATE GROUP LLC.
ANALYSIS PER CHAPTER 183 COMPREHENSIVE PLAN REGULATIONS, SECTION 1A THREE POINT 01 BE THE PURPOSE, INTENT OF THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF LAND AND RESOURCES TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.
NUMBER ONE FEATURE LENGTH SETTLEMENT INCLUDED UPON THE APPLICATION.
UNDER THE TITLE JUSTIFICATION FOR CHANGE, THE APPLICANT WROTE DUE TO LOCATION, LAND, COST, CURRENT MARKET, IT IS NECESSARY TO APPLY FOR ADDITIONAL DENSITY FOR A FEASIBLE PROJECT. IN ADDITION, IT IS A DESIRE IS DESIRABLE EXCUSE ME TO CREATE THE COMMERCIAL PUBLIC SPACE AT THIS LOCATION TO MEET THE INTENT OF THE BAYFRONT AREA.
THE COMPREHENSIVE PLAN, OFFICIALLY ITS ELEMENT GO FLW ONE IS TO ENSURE A HIGH QUALITY, DIVERSIFIED LIVING ENVIRONMENT THE THROUGH THE EFFICIENT DISTRIBUTION OF COMPATIBLE LAND USES. COMPLINE GO IF YOU CHOOSE TO PROVIDE FOR AND MAINTAIN VIABLE NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENT TO MEET THE EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF PALM BAY. COMPREHENSIVE PLAN GOAL AFFILIATE IS TO PROVIDE A DIVERSE AND SELF-SUSTAINING PATTERN OF LAND USE, WHICH SUPPORT THE PRESENT AND FUTURE POPULATION OF THE CITY OF POMMIE, THE BAYFRONT MIXED USE FUTURE LAND USE CATEGORY ALLOWS FOR MAXIMUM RESIDENTIAL DENSITY OF 40 UNITS PER ACRE.
TYPICAL USES ALLOWED INCLUDE SINGLE FAMILY HOMES, DUPLEXES, MULTIPLE FAMILY UNITS, RECREATIONAL USES AND INSTITUTIONALIZES.
DEVELOPMENT STANDARDS SHALL FOLLOW THE APPLICABLE POLICIES WITHIN THE COMPREHENSIVE PLAN AND THE STANDARDS WITHIN THE BAMU BAYFRONT MIXED USE ZONING CATEGORY.
THIS CATEGORY MAY ONLY BE APPLIED TO THE BASEMENT REDEVELOPMENT DISTRICT.
THIS DENSITY LIMIT WOULD YIELD A MAXIMUM OF 412 UNITS, ALTHOUGH THIS MANY UNITS ARE NOT ANTICIPATED DUE TO DEVELOPMENT PROVISIONS, THE BAYFRONT MIXED USE CATEGORY IS CONSIDERED HIGH DENSITY RESIDENTIAL DEVELOPMENT FOR A SUBURBAN SETTING LIKE POMMIE.
COMPETITION POLICY FLOOD TWO POINT TO BE STATES HIGH DENSITY RESIDENTIAL DEVELOPMENT SHALL BE LOCATED IN CONFORMANCE WITH THE FUTURE LAND USE MAP, WITH DIRECT ACCESS TO ARTERIAL AND COLLECTED ROADWAYS AND WITH ACCESS TO EMPLOYMENT CENTERS, RECREATION AND COMMERCIAL FACILITIES, AND SHALL BE SERVED BY CENTRALIZED WATER AND SEWER FACILITIES.
SUBTREE PROPERTIES LOCATED AT THE INTERSECTION OF ARTERIAL ROADWAY DIXIE HIGHWAY, OTHERWISE KNOWN AS JUST ONE AND A MAJOR COLLECTOR ROADWAY PORT MALVERDE BOULEVARD, CENTRALIZED WATER AND SEWER SERVICES PROVIDED BY THE CITY AND AVAILABLE TO THE SITE.
HOWEVER, ACCESS TO EMPLOYMENT CENTERS AND COMMERCIAL FACILITIES IS LIMITED TO THE STRIP COMMERCIAL DEVELOPMENT THAT EXISTS ALONG THE SOUTHERN CORRIDOR.
THEREFORE, A VIBRANT, MIXED USE DEVELOPMENT SHOULD BE ENCOURAGED FOR THIS LOCATION.
THE COMPANION REZONING APPLICATION TO THE BAMU BAYFRONT MIXED USE ZONING DISTRICT CURRENTLY INCLUDES A RATIO OF EIGHTY FIVE PERCENT RESIDENTIAL USES TO NONRESIDENTIAL USES. NONRESIDENTIAL USES THAT WOULD BE CONSISTENT WITH THE TYPICAL USES IDENTIFIED IN THE COMPREHENSIVE PLAN FOR THIS BEAUTIFUL IN THIS CATEGORY OUR RECREATION AND INTO AND
[00:10:04]
INSTITUTIONAL USES SUCH AS CHURCHES, SCHOOLS, GOVERNMENT BUILDINGS AND CONCRETE LIVING FACILITIES AND PARKS AND OR USABLE OPEN SPACE SUCH AS AN AMPHITHEATER BOARDWALK OR LINEAR TRAILS. SINCE THIS AMENDMENT WOULD SIGNIFICANTLY INCREASE THE ALLOWABLE RESIDENTIAL DENSITY OVER WHAT IT'S CURRENTLY CAPPED AT WHILE ALLOWING FOR MUCH SMALLER COMMERCIAL DEVELOPMENT THAN WHAT WAS PREVIOUSLY REQUIRED AND BINDING UPON THE LAND, THE REQUEST SHOULD BE REVIEWED WITHIN THE CONTEXT OF BALANCED USE.THAT IS, THE ORIGINAL USE OF THE PROPERTY WAS COMPLETELY COMMERCIAL.
FOR MORE THAN 30 YEARS, THE ENTIRE 10 ACRES WERE ZONED HEAVY COMMERCIAL.
THE PREVIOUS APPROVAL, WHICH IS STILL BEING GRANTED RESIDENTIAL USE BUT WITH A COMPATIBLE AMOUNT OF COMMERCIAL INTENSITY.
STAFF BELIEVES THAT THE BAYFRONT MIXED-USE FUTURE LEANNA'S CATEGORY MAY HELP TO FURTHER THE GOAL OF THE COMPREHENSIVE PLAN FOR DIVERSIFIED HOUSING OPPORTUNITIES, PROVIDED THAT A MEASURABLE AMOUNT OF COMMERCIAL USES ARE INCLUDED.
THEREFORE, SHOULD THE AMENDMENT BE APPROVED BY THE PLANNING ZONING BOARD AND CITY COUNCIL STAFF WOULD RECOMMEND THAT THE PERCENTAGE OF NONRESIDENTIAL USE IS PERMITTED ON THEIR PROPERTY CONTAIN ACTUAL COMMERCIAL USES SUCH AS RETAIL, OFFICE, RESTAURANT, PERSONAL AND OR BUSINESS SERVICE, HOTELS, OR CONVENIENCE OF CONFERENCE SPACE.
ITEM TWO, COASTAL MANAGEMENT ELEMENT, SUBJECT PROPERTY PROPERTIES NOT LOCATED IN THE COASTAL HIGH HAZARD AREA, ITEM THREE CONSERVATION ELEMENT, ENVIRONMENTAL CHARACTER OF THE CITY IS MAINTAINED THROUGH CONSERVATION, APPROPRIATE USE AND PROTECTION OF NATURAL RESOURCES, THE PARCELS NOT LOCATED WITH ANY OF THE FLORIDA SUBJECT POLYGONS IDENTIFIED IN THE CITY'S HABITAT CONSERVATION PLAN.
NO SPECIES ARE LISTED ARE KNOWN TO INHABIT THE PROPERTY, HOWEVER, ANY LISTED SPECIES IDENTIFIED ON THE PROPERTY WOULD NEED TO BE MITIGATED AS REQUIRED BY STATE AND FEDERAL REGULATIONS AND FOR COMPREHENSIVE PLAN POLICY.
CELAN DASH ONE POINT SEVEN BEE.
THIS WILL BE VETTED THROUGH THE ADMINISTRATIVE SCICLUNA REVIEW PROCESS AND FOR HOUSING ELEMENT. THE PROPOSED BLUE AMENDMENT DOES NOT ADVERSELY IMPACT AND THE SUPPLY AND VARIETY OF SAFE, DECENT, ATTRACTIVE AND AFFORDABLE HOUSING WITHIN THE CITY.
THE CITY'S GE'EZ DIVISION RECENTLY PERFORMED AN ANALYSIS OF RESIDENTIAL ZONING IN THE CITY AND COVERS APPROXIMATELY 88 SQUARE MILES, WHICH IS FIFTY SIX THOUSAND THREE HUNDRED TWENTY ACRES. SINGLE FAMILY RESIDENTIAL DISTRICTS TOTAL TWENTY FIVE THOUSAND SEVEN HUNDRED EIGHTY EIGHT ACRES, OR 46 PERCENT OF THE CITY'S LANDMASS.
MULTIPLE FAMILY RESIDENTIAL DISTRICTS COVER ONE THOUSAND TWO HUNDRED TWENTY THREE ACRES OR TWO PERCENT OF PAM.
THIS CREATES AN IMBALANCE IN HOUSING CHOICES, THE AMENDMENT WHICH WILL ALLOW THE SITE TO BE USED FOR ADDITIONAL HOUSING AND ALLOW FOR A TYPE OF HOUSING MULTIFAMILY THAT IS CLEARLY NEEDED THROUGHOUT POMI.
INFRASTRUCTURE ELEMENT CITY EVALUATES PRESENT AND FUTURE WATER, SEWER DRAINAGE AND SOLID WASTE IN ASSESSES THE ABILITY OF INFRASTRUCTURE NEEDED TO SUPPORT DEVELOPMENT UTILITIES.
THE FUTURE OF AMENDMENT WILL NOT CAUSE CIVIL SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE COMPREHENSIVE PLAN FOR THESE SERVICES FOR THE CURRENT PLANNING PERIOD.
HOWEVER, THIS DOES NOT GUARANTEE CAPACITY IN THE WATER AND SEWER SYSTEM, AND THE LEVEL OF SERVICE IS SUBJECT TO CHANGE AT ANY OTHER SUBSTANTIAL DEVELOPMENT OCCUR IN THE VICINITY OF THE PROPOSED LOCATION.
THERE ARE MULTIPLE POINTS OF CONNECTION TO THE PUBLIC WATER SYSTEM, INCLUDING TWO EIGHT INCH WATER MAINS AND ONE ONE EIGHT INCH WATER MAIN AND FLOOR AND DRIVE AND ONE 12 INCH WATER MAIN IMPORTANT DOWN THE ROAD ON THE WEST SIDE OF THE PROPERTY.
THERE'S A PRIVATE SIX INCH WATER MAIN WHICH IS LOOPED WITH THE WATER MAINS ON FLOREN AND FORMALWEAR. THIS WAS ONCE USED TO SUPPLY WATER AND SERVICE TO THE PROPERTY ON THE EAST SIDE OF THE PROPERTY THERE EXCUSE ME, ON THE EAST SIDE OF THE PROPERTY, THERE'S A PRIVATE SIX INCH WATER MAIN THAT EXTENDS INTO THEIR PROPERTY FROM AN EIGHT INCH WATER MAIN ON US.
ONE, BASED ON THE PROPOSED USE OF THE SITE, IS ANTICIPATED THAT A SIX INCH WATER MAINS ON THE PROPERTY WILL BE INSUFFICIENT TO SUPPLY ADEQUATE WATER FLOW, INCLUDING FIRE FLOW.
AND THE POINT OF CONNECTION TO THE SYSTEM WILL BE AT THE 12 INCH WATER MAIN ON PORT MEALWORM. THE REPURPOSING OF THE EXISTING PRIVATE WATER MAINS WILL BE EVALUATED THROUGH THE SITE PLAN REVIEW. THE POINT OF CONNECTION TO THE PROPERTY FOR PUBLIC SEWER SYSTEM IS AN EIGHT INCH VITRIFIED CLAY PIPE.
PUBLIC GRAVITY SEWER AND A UTILITY EASEMENT THAT EXTENDS ALONG THE WESTERN LIMITS OF THE PROPERTY. THERE IS ADEQUATE CAPACITY IN THE SEWER SYSTEM TO SUPPORT THE DEVELOPMENT.
HOWEVER, THE VCP GRAVITY SEWER MUST BE REPLACED DUE TO THE DEGRADATION OF THE PIPE, MULTIPLE EXISTING PLANT REPAIRS IN THE SIGNIFICANT INCREASE IN SEWAGE FLOW FROM THIS PROPOSED DEVELOPMENT. AS THE SEWER REPLACEMENT IS CONSIDERED RENEWAL AND REPLACEMENT.
THE UTILITIES DEPARTMENT WILL NEGOTIATE TO COST SHARE THE REPLACEMENT AS PART OF THE SITE'S UTILITY AGREEMENT DURING CONSTRUCTION ACTIVITIES, THE UTILITIES DEPARTMENT WILL PROVIDE FOR PUBLIC OUTREACH AND COMMUNICATION WITH THE ADJACENT PROPERTY OWNERS LOCATED ON CABLING DRAINAGE.
ANY DEVELOPMENT, THE SITE SHALL MEET ALL CRITERIA OF THE CITY'S STORMWATER MANAGEMENT ORDINANCE AND ALL CRITERIA OF RULE 62.
DOES 330 OF THE FLORIDA ADMINISTRATIVE CODE.
[00:15:01]
COMPLIANCE WITH THESE PROVISIONS WILL BE REVIEWED AND ENFORCED DURING THE ADMINISTRATIVE SCICLUNA REVIEW PROCESS.SOLID WASTE, SOLID WASTE COLLECTION IS PROVIDED TO THE AREA BY PUBLIC SERVICES.
SUFFICIENT CAPACITY EXISTS WITHIN BREVARD COUNTY LANDFILLS TO SERVICE THE PROPERTY.
ITEM SIX, INTERGOVERNMENTAL COORDINATION OF PUBLIC SCHOOLS DUE TO THE REQUESTED CHANGE TO BAYFRONT MIXED USE, WHICH WOULD ALLOW FOR AN INCREASE IN RESIDENTIAL UNITS, A FURTHER DEMAND MAY BE PLACED UPON THE SCHOOL SYSTEM.
THEREFORE, A SCHOOL CAPACITY DETERMINATION WILL BE REQUIRED PRIOR TO FINAL ADOPTION OF THIS AMENDMENT. THE APPLICANT VIA THE CITY HAS SUBMITTED THE APPLICATION TO THE SCHOOL BOARD AND IS CURRENTLY BEING REVIEWED.
AND IN SEVEN RECREATION IN OPEN SPACE ONLY RECREATION OPEN SPACE ELEMENT ADDRESSES THE CURRENT AND FUTURE RECREATIONAL NEEDS OF THE CITY.
BAYFRONT MIX USES SIMILAR AND ALLOWABLE USES TO THE MIXED USE CATEGORY THAT'S CURRENTLY EXISTS UPON THE PROPERTY.
BUT IT WOULD HAVE MORE OF A DEMAND ON PARKS AND RECREATION LEVEL OF SERVICE DUE TO THE HIGHER DENSITY LIMITS.
THIS ELEMENT SETS A LEVEL OF SERVICE STANDARD OF TWO ACRES PER 1000 RESIDENTS.
THE CITY MAINTAINS PUBLIC OWNERSHIP OF PARK DESIGNATE LANDS THAT FAR EXCEED THIS REQUIREMENT. THEREFORE, THE DENSITY INCREASE WOULD APPEAR TO HAVE A DE MINIMUS EFFECT ON THE RECREATION LEVEL. SERVICE ITEM EIGHT TRANSPORTATION ELEMENT.
THE OBJECTIVES OF THE TRANSPORTATION ELEMENT ARE TO PROVIDE A SAFE, BALANCED, EFFICIENT TRANSPORTATION SYSTEM THAT MAINTAINS ROADWAY LEVEL SERVICE AND ADEQUATELY SERVES THE NEEDS OF THE COMMUNITY. PORT MALABAR BOULEVARD IS CLASSIFIED AS A MAJOR COLLECTOR ROADWAY MAINTAINED BY THE CITY OF PALM BAY AND FLOREN ROAD IS CONSIDERED A LOCAL STREET.
BOTH ROADWAY SHALL MEET A LEVEL OF SERVICE C OR THE CITY'S ADOPTED COMPREHENSIVE PLAN.
ATTACHED TO THIS REPORT IS A PRELIMINARY TRAFFIC ANALYSIS CONDUCTED BY THE CITY'S TRAFFIC ENGINEER. BASED UPON THIS ANALYSIS, THE AMENDMENT WOULD NOT CAUSE A LEVEL SURFACE TO FALL BELOW THE DOCTOR'S STANDARDS.
UPON SUBMISSION OF AN ENGINEER PLAN, A TRAFFIC STUDY WILL BE REQUIRED TO IDENTIFY ANY NEGATIVE IMPACTS TO THE ADJACENT ROAD SYSTEM AND ANALYZE POSSIBLE SOLUTIONS.
ONE WILL REQUIRE APPROVAL FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION STAFF RECOMMENDATION STAFF RECOMMENDS APPROVAL OF CRP FOR 2021 AND FOR TRANSMISSION TO TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY, SUBJECT TO THE FOLLOWING CONDITIONS CONDITION ONE AT THE TIME OF DEVELOPMENT PLAN SUBMITTAL.
THE PROPERTY OWNERS SHALL SUBMIT A TRAFFIC IMPACT ANALYSIS IN PHASE ONE ENVIRONMENTAL STUDY IN ADDITION TO THE APPLICANT OWNER AT THEIR EXPENSE WILL BE REQUIRED TO DESIGN, PERMIT, INSTALL, INSPECT AND TEST WATER SYSTEMS OF ADEQUATE SIZE TO ACCOMMODATE THE DEVELOPMENT AND TO CONNECT TO THE CITY'S WATER AND SEWER SYSTEM COMMISSION.
THREE. THE APPLICANT OWNER WILL BE RESPONSIBLE FOR THE PROPERTY HYDRAULIC SHARE FOR THE NEW UTILITIES REQUIRED TO SERVE THE DEVELOPMENT.
OVERSIZE UTILITIES, AT THE REQUEST OF THE UTILITY DEPARTMENT WILL BE SUBJECT TO A REFUND IN AGREEMENT OR REFUND WILL ADVANCE CONDITION FOR SCHOOL CAPACITY.
TERMINATION LETTER SHALL BE OBTAINED FROM RIVARA COUNTY SCHOOL BOARD IN CONDITION FIVE PERCENTAGE OF NONRESIDENTIAL USE IS REQUIRED FOR THE FUTURE.
DEVELOPMENT SHALL CONSIST OF ACTUAL COMMERCIAL USES SUCH AS RETAIL, OFFICE, RESTAURANT, PERSONAL AND OR BUSINESS SERVICE, HOTEL OR COMMISSION SPACE.
I CONCLUDES MY REPORT TO BE HAPPY TO ANSWER ANY QUESTIONS WE MAY HAVE.
THE ARKANSAS REPRESENTATIVE IS IN ATTENDANCE.
IS THE BOARD HAVE ANY QUESTIONS FOR STAFF? AND THINK OF IT, MR. MOYAR. YEAH, GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE P AND Z.
I'M THE REPRESENTATIVE OF THE APPLICANT AND THE PRESIDENT OF ENGINEERING INC HERE IN MELBOURNE, FLORIDA. BEFORE I STARTED INTO THIS PROJECT, I JUST WANT TO LET YOU KNOW, AS A MEMBER OF THE DEVELOPMENT COMMUNITY, I FULLY SUPPORT ITEM 12, WHICH IS THE CHANGES TO THE PMU ZONING DISTRICT TAX CODE, TEXTUAL AMENDMENT, ALL SUPPORT OF THAT.
SO SO ANYWAY, ON THIS PROJECT, S GAVE YOU VERY, VERY THOROUGH EXPLANATION OF WHAT'S WHAT'S HAPPENING AND VERY GOOD HISTORY ON THAT PROPERTY.
I THINK EVERYBODY PRETTY MUCH KNOWS WHAT PROPERTY WE'RE TALKING ABOUT IS THE NORTH SIDE OF PORT MALABAR BOULEVARD ON THE WEST SIDE OF THE U.S.
ONE BACK IN 1971, THEY HAD A WINN-DIXIE SHOPPING CENTER.
I WAS THE RESIDENT OF PALM BAY, A SHOP THERE WHEN I LIVED HERE.
IT'S JUST BEEN KIND OF SITTING THERE.
THERE WAS BACK IN 2007, WHICH IS NOW 14 YEARS AGO, THERE WAS THE OWNER OF THE PROPERTY, GOT APPROVAL, CHANGED THE ZONING IN THE LAND USE AND GET AND GET 161 UNITS, LIKE 70 FOOT WAS THE TALLEST BUILDING AND LIKE SIXTY ONE THOUSAND SQUARE FEET OF COMMERCIAL.
THAT WAS A LOT, I THINK, FOR ANYBODY.
NO ONE WAS INTERESTED IN BUILDING THAT.
WE HAVE BEEN INVOLVED IN THIS PROPERTY NOW FOR THE LAST THREE YEARS.
AND THIS IS THE THIRD APPLICANT WE'VE DEALT WITH.
[00:20:02]
AND WE REALLY, TRULY FEEL WE HAVE A DEVELOPER THAT WILL ACTUALLY BUILD THIS THIS PROJECT IF WE GET APPROVED HERE TONIGHT.SO WE'RE REALLY, REALLY EXCITED ABOUT THIS PROJECT THAT'S GOING TO BE EXCITING.
AND JUST SO YOU KNOW, THE PROCESS TONIGHT, ALL THIS ITEM ALONE TO START WITH, WHAT WE'RE ASKING FOR RIGHT HERE RIGHT NOW IS JUST THE MEN, THE FUTURE LAND USE TO THE BMA.
SO WE'LL HAVE THIS MEETING HERE.
IF YOU GUYS APPROVE IT, WE'LL GO TO COUNCIL.
IF THEY APPROVE IT, IT GETS FORWARDED TO THE STATE.
THEY'LL REVIEW IT TO MAKE SURE THAT WE'RE NOT ASKING FOR ANYTHING THAT'S APPROPRIATE.
IT'LL COME BACK AND HAVE A SECOND READING AT COUNCIL AND THEN HOPEFULLY THE REZONING WILL GO THROUGH AS WELL.
THEN WE'LL COME BACK TO YOU FOR A CONDITIONAL USE TO ACTUALLY SHOW YOU WHAT WE'RE BUILDING. SO YOU'RE GOING TO GET TO SEE THIS AGAIN.
THIS IS JUST TO GET THE LAND USE RIGHT NOW.
THE NEXT ITEM IS THE REZONING.
BUT WE WILL BE COMING BACK TO YOU WITH AN ACTUAL SITE PLAN BECAUSE WE'RE OVER TEN ACRES AND THAT'S REQUIRED. SO THE FIRST UP LAND IS REZONING.
SECOND STEP FOLLOWING AFTER THAT WILL BE THE CHANCE FOR YOU GUYS TO REALLY LOOK AT WHAT WE'RE GOING TO DO AND HOPE THAT YOU REALLY LIKE IT.
I THINK IT'S GOING TO BE EXCITING.
AND IF THE VIEW ZONING THAT HAPPENS ON ITEM TWELVE GETS PASSED, IT'LL BE A REAL PROJECT AND WE'LL BE REAL EXCITED TO COME HERE AND PRESENT IT TO YOU AT THAT TIME.
IT WILL BE RESIDENTIAL AND COMMERCIAL.
SO I THINK THAT'S PERFECT FOR THE BAYFRONT FOR THAT WHOLE AREA.
WE'RE PART OF THE REVISIONING PROCESS TO SEE.
YOU KNOW, WE'RE HOPING THERE'S A LOT OF CONVERSATION ABOUT WHAT'S GOING TO HAPPEN WITH THAT RIVERFRONT AND THE BAY SIDE AND HOW THAT'S DEVELOPING.
YOU'VE GOT PROPERTIES THAT HAS ALREADY BEEN APPROVED TO THE NORTH.
YOU'VE GOT THE MARINA THAT'S HOPEFULLY HAPPENING TO THE SOUTH.
LOT OF SYNERGY HAPPENING HERE.
SO WE'RE REALLY EXCITED TO BE A PART OF IT.
I THINK IT'S REALLY A GOOD IT'S A GOOD CATALYST TO GET THAT AREA REALLY THRIVING.
SO WE HOPE THAT WE CAN GET YOUR APPROVAL TONIGHT.
I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE ABOUT THE LAND USE AT THIS TIME.
WE'LL GET INTO THE ZONING NEXT TIME THE BOARD HAVE ANY QUESTIONS AT THE MOMENT.
OK, AND WE ARE FULLY IN AGREEMENT WITH THE STAFF RECOMMENDATIONS.
THANK YOU, BRUCE. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION? WE'RE OPPOSED TO THIS APPLICATION.
A COUPLE OF QUESTIONS THAT I DON'T KNOW IF IT'S THE RIGHT TIME TO ASK HIM NOW, BUT WHAT'S WHATEVER THEY'RE GOING TO BUILD THERE, WILL THAT BE IMPACTED TO US ON CABLE? LENKOV MY PROPERTY MY PROPERTY BACKS UP TO THAT.
WILL THERE BE ANY IMPACT FOR US? WE DON'T KNOW YET. YEAH, WE KNOW IT'S NOT A BACK AND FORTH.
WE'LL LET MR. MOYAR RESPOND TO THAT QUESTION.
YOU FILL OUT A CARD AND HEALTH CARD AND THIS ONE I CAN.
IF YOU WOULD TAKE A BACK SEAT AND THEN BRING IT BACK TO THE PODIUM.
IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK? NO, AT THIS TIME, I'LL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR MOTION.
MR. MEUNIER, DID YOU WANT TO RESPOND TO THAT LADY'S QUESTION? YES, I'D BE HAPPY TO. THANK YOU.
SO AS I WAS SAYING BEFORE, THE NEXT STEP IS, SHOULD THIS MOVE FORWARD WILL BE THE CONDITIONAL USE AT THAT TIME, WE WILL BE PROVIDING PLANS, FLIGHT PLANS AND AND RENDERINGS TO SHOW WHAT IT'S GOING TO LOOK LIKE.
AND IT'S REQUIRED AS A CONDITIONAL USE BEFORE WE GET TO YOU AGAIN THAT WE HAVE A MEETING WITH THE CITIZENS OF THE AREA.
SO WE'LL BE PRESENTING TO THEM SO THEY'LL KNOW EXACTLY WHAT WE'RE DOING BEFORE WE EVEN GET BACK TO YOU. THANK YOU.
ALL RIGHT. WELL, CAN I GET A MOTION, PLEASE? MOTION, A MOTION TO ACCEPT PROVED CP FOR 2021 SUBJECT TO THE STAFF CONDITIONS.
I CAN EMOTIONALLY SECOND ANY FURTHER DISCUSSION.
ALL IN FAVOR, SAY, I ALL OPPOSED THE MOTION CARRIES UNANIMOUSLY OUR NEXT COMPANION CASE, PLEASE, PATRICK.
NEXT CASE IS CPGS FOR TWENTY TWENTY ONE, SINCE THIS IS THE EXACT SAME PROPERTY AS THE EXACT SAME HISTORY ON IT, I WILL SPARE YOU FROM HEARING THE BACKGROUND AGAIN.
AND I DON'T REALLY WANT TO READ ALL THAT AGAIN.
SO I'LL GO RIGHT TO THE ANALYSIS, THE FOLLOWING ANALYSIS CONDUCTED FOR CHAPTER ONE.
EIGHTY FIVE ZONING CODE, SECTION ONE EIGHTY FIVE POINT TWO ONE AND SEE WHICH UTILIZES FOUR CRITERIA FOR THE EVALUATION OF REZONING AMENDMENTS AND CRITERIA.
ONE ANALYZES THE NEED AND JUSTIFICATION FOR THE CHANGE.
THE APPLICANT HAS STATED THAT THE REASON FOR THE REZONING IS TO CONSTRUCT A MULTIFAMILY RESIDENTIAL PROJECT AND SUPPORTING PARKING AREAS.
[00:25:01]
STAFF BELIEVES THAT THE CURRENT ZONING DESIGNATION HAS MADE THE PROPERTY VERY CHALLENGING TO SUCCESSFULLY DEVELOP BECAUSE IT IS CONDITIONED UPON A SPECIFIC SITE LAYOUT AND LIMITED TO A LOWER NUMBER OF RESIDENTIAL UNITS THAN COULD BE ACCOMMODATED UPON THE PROPERTY CRITERIA TO THE EFFECT OF THE CHANGE, IF ANY, ON THE PARTICULAR PROPERTY AND ON SURROUNDING PROPERTIES LOCATED DIRECTLY TO THE NORTH OF THE SUBJECT PROPERTY ON THE NORTH SIDE OF FLOREN WITH FRONTAGE UPON DIXIE HIGHWAY AS A MOTORCYCLE RETAILER AND A FINANCIAL PLANNER. ALSO TO THE NORTH OPPOSITE FLOREN IS THE PALM BAY ESTATES MOBILE HOME PARK TO THE EAST, ISTIKLAL, US ONE.TO THE EAST OF YOU, THIS ONE IS IN THE RIVER LAGOON TO THE SOUTH IS THE FOUR LANE DIVIDED ROADWAY KNOWN AS PORT MELBOURNE BOULEVARD.
SOUTH OF FORMALWEAR IS VACANT COMMERCIAL SPACE AND SINGLE FAMILY HOMES ABUTTING THE WEST.
TO THE WEST ARE SINGLE FAMILY HOMES IN THE WELL-ESTABLISHED NEIGHBORHOOD KNOWN AS PORTHMADOG UNIT ONE, WHICH IS THE FIRST RESIDENTIAL AREA CONSTRUCTED BY GENERAL DEVELOPMENT CORPORATION BACK IN THE 1960S, AS IDENTIFIED IN THE BACKGROUND SECTION OF THIS REPORT. THE PROPERTY IS CURRENTLY ENTITLED TO DEVELOP ONE HUNDRED AND SIXTY ONE UNITS IN TWO SEVEN STOREY BUILDINGS AND SIXTY ONE THOUSAND FIVE HUNDRED SQUARE FEET OF COMMERCIAL SPACE IS NOT ANYTHING THAT HAD TO COME BACK FOR THIS BORDER COUNCIL THAT'S ALREADY BEEN APPROVED AND BINDING ON THE PROPERTY.
FOR A COMPARISON, THIS AMOUNT OF COMMERCIAL SPACE WOULD BE ROUGHLY EQUAL TO THE THREE COMMERCIAL PLAZAS JUST NORTH OF THE SITE AT 43, 30, 40 THROUGH 50 AND 4500 DIXIE HIGHWAY ALLOWABLE USES FOR THE PROPERTY OR ANY OF THE PERMITTED AND OR CONDITIONAL USES LISTED IN THE HIGHLY COMMERCIAL ZONING DISTRICT.
FOR A USE COMPARISON, ALL THE PERMITTED COMMERCIAL USES IN THE BEMUSE OWNING DISTRICT WOULD BE CURRENTLY ALLOWED UPON THE PROPERTY ADDITIONAL USES THAT MAY BE ALLOWED NOW BUT WOULD NOT BE PERMITTED IF THE LAND HAS REASON TO BE AMMU.
OUR NEW INDOOR USE MOTOR VEHICLES, DAYCARE CENTERS, DRY CLEANING ESTABLISHMENTS, FUNERAL HOMES AND GEOGRAPHIC OR OFFSET PRINTING.
ALL THE CONDITIONAL USE IS LISTED IN THE BAMU ZONING DISTRICT THAT MIGHT BE ALLOWED BY CITY COUNCIL APPROVAL ARE ALSO LISTED IN THE H.S.
ZONING DISTRICT. CONDITIONAL LEASES THAT WOULD NOT BE APPLICABLE IN THIS ZONING AMENDMENT IF THE ZONING IS APPROVED OR GAS STATIONS, COMMERCIAL RADIO AND TELEVISION BROADCASTING, CARWASH FACILITIES, SELF-STORAGE FACILITIES, COMMUNICATION TOWERS, INDOOR DANCE CLUBS AND OUTDOOR AMUSEMENTS SUCH AS AMUSEMENT PARKS, DRIVING RANGES, BATTING CAGES, GO KART TRACKS, MINIATURE GOLF COURSES AND SIMILAR USES.
IT SHALL BE NOTED THAT THE BEMUSE ZONING DISTRICT IS SCHEDULED FOR THE SPECIAL COUNCIL MEETING ON JUNE 10TH, 2021, TO BE AMENDED.
HOWEVER, THERE ARE NO ADDITIONAL COMMERCIAL USES BEING PROPOSED THAT ARE NOT ALREADY ALLOWED IN THE DISTRICT.
THE AMENDMENT DOES NOT INCREASE THE DENSITY OF RESIDENTIAL.
USES OR LESS THAN THE DEVELOPMENT STANDARDS THAT ARE PRESENTLY CONTAINED WITHIN THE BEMUSING PROVISIONS.
IN CONCLUSION, THE BAMU ZONING DECISION DOES NOT INCREASE THE INTENSITY OF COMMERCIAL DEVELOPMENT BEYOND WHAT IS CURRENTLY ALLOWED.
IN FACT, IT WOULD RESTRICT THE MORE INTENSE USES THAT ARE LISTED IN THE ZONING DISTRICT.
THE MAJOR DIFFERENCE IS THE INCREASE IN POTENTIAL RESIDENTIAL DENSITY.
AS SHELBY NOTED THAT ANY FUTURE DEVELOPMENT OF THE PROPERTY WILL NEED CONDITIONAL USE APPROVAL FROM CITY COUNCIL DUE TO THE SIZE OF THE PROPERTY, WHICH WILL REQUIRE FURTHER REVIEW OF A CONCEPTUAL PLAN AND PUBLIC INVOLVEMENT CRITERIA THREE TIMES THE AMOUNT OF UNDEVELOPED LAND IN THE GENERAL AREA AND IN THE CITY HAVING SAME CLASSIFICATION AS THAT REQUESTED. THERE ARE ONLY THREE PROPERTIES IN THE CITY OF PALM BAY WITH A BEMUSE ZONING DESIGNATION ON ROBERT J.
COLLIN BOULEVARD, APPROXIMATELY TWO MILES TO THE NORTH.
THERE ARE SIX ACRES OF UNDEVELOPED BEMUSE OWN LAND THAT ARE A PART OF THE NORTH SHORE PROJECT AT THE NORTHWEST CORNER OF ARJAY KÖNNEN.
IN YOUR SWON, THERE ARE TWENTY ONE POINT EIGHT THREE ACRES OF VACANT LAND THAT WERE REASON TO BE AMMU JUST LAST YEAR.
THE THIRD PROPERTY IS OWNED BEMUSE LOCATE EIGHT HUNDRED FIFTY FEET TO THE SOUTH AND IT IS COMPLETELY DEVELOPED CRITERIA FOR THE RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE PURPOSE OF THE CITY PLAN FOR DEVELOPMENT WITH APPROPRIATE CONSIDERATION AS TO WHETHER THE PROPOSED CHANGE WILL FURTHER THE PURPOSES OF THIS CHAPTER AND THE PLAN.
THE PURPOSE OF THE BAYFRONT MIXED-USE DISTRICT HAS IDENTIFIED IN THE INTENT SECTION OF THE ORDINANCE SUPERVISED AREAS WITHIN THE BAYFRONT REDEVELOPMENT DISTRICT FOR AN ATTRACTIVE AND FUNCTIONAL MIX OF HIGH DENSITY RESIDENTIAL WITH A LOW INTENSITY OF COMMERCIAL AND THAT ARE LINKED BY A NETWORK OF WALKWAYS, STAFF, POLICE THAT THROUGH THOUGHTFUL DESIGN OF THE SITE, THAT THE REZONING REQUEST WILL BE COMPATIBLE WITH THE IMMEDIATE AREA.
AND IN KEEPING WITH THE DEVELOPMENT PATTERN SOUGHT BY THE BAYFRONT REDEVELOPMENT PLAN, STAFF RECOMMENDATION STAFF RECOMMENDS APPROVAL OF THIS ZONING REZONING REQUEST TO BE CONSISTENT AND COMPATIBLE WITH THE FUTURE LAND USE DESIGNATION OF CRP BEFORE 2021.
WE HAVE TO ANSWER ANY QUESTIONS YOU MAY HAVE OR HAVE ANY QUESTIONS FOR STAFF.
ON HATRICK, THE 70 FOOT HIGH, YES, IS THAT COMPATIBLE WITH THAT AREA OR ANY OTHER BUILDINGS AT ALL? THERE'S NO OTHER BUILDINGS THAT TALL IN THIS GENERAL AREA.
WE HAVE OTHER BUILDINGS THAT TALL IN THE CITY DOWN US, ONE ON THE EAST SIDE, THERE'S VENETIAN BAY CONDOS.
[00:30:01]
THERE'S TWO 70 FOOT TALL BUILDINGS WITH 33 CONDOS EACH.THE RIVERVIEW SENIOR RESORT JUST SOUTH OF THEM, WHICH IS AN ASSISTED LIVING FACILITY, HAS A WING SHAPED BUILDING BOOM.
SCUSE ME, THAT IS 70 FOOT TALL AS WELL.
SO IN THE GENERAL AREA, THERE ARE THOSE BUILDINGS IN THE IMMEDIATE AREA, THERE ARE NO BUILDINGS AT THIS HEIGHT. THANK YOU FOR THE QUESTIONS.
THANK YOU, PATRICK RUSSO, WILL YOU COME AGAIN, PLEASE? YES, THANK YOU FOR MORGAN AND REPRESENTING THE APPLICANT, OBVIOUSLY WITH HAVE FULL AGREEMENT WITH THE STAFF'S RECOMMENDATIONS, THEY DID A VERY THOROUGH JOB.
I WAS I REALLY THOUGHT THEY THEY MADE A GOOD POINT THAT WE'RE KIND OF TAKEN SOME USES OFF THE TABLE THAT THAT REALLY ARE UNDESIRABLE FOR THAT LOCATION.
SO I THINK THAT'S THAT'S REALLY A GOOD POINT THAT THAT PATRICK MADE, THAT THAT WON'T BE ALLOWED UNDER THE ZONING.
AND THEN WE WILL BE BRINGING THAT BUILDING.
IT'S APPROVED NOW FOR THE APPROVED ZONING IT FOR 70 FOOT TALL BUILDINGS.
BUT THAT'S NOT WHAT WE'RE PROPOSING.
AND YOU'LL SEE WHAT WE'RE BRINGING.
BUT SO WE HOPE THAT YOU APPROVE THE ZONING.
I DON'T REALLY HAVE MUCH TO ADD.
I THINK PATRICK IS A GREAT JOB.
IT'S ALMOST LIKE A DOWN ZONING.
SO TECHNICALLY, I THINK WE'LL HAVE LESS IMPACT THE NEIGHBORHOOD AND SURROUNDINGS AND WE CAN MAKE THAT PROPERTY BEAUTIFUL INSTEAD OF JUST A PARKING LOT WITH NO TREES OR ANYTHING ON THERE. SO IF YOU HAVE ANY QUESTIONS, I'M HERE TO ANSWER THAT.
IF NOT, I DON'T REALLY HAVE THAT MUCH AT ALL.
HAVE ANY QUESTIONS FOR MR. MOYAR? THANK YOU. THANK YOU. HEY, AT THIS TIME, I'LL OPEN THE PUBLIC HEARING.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED TO THE APPLICATION? THEY'RE. ENGLAND AT THE TIME HAD CLOSED PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION. IS A TWENTY TWENTY ONE.
EVERETT. EMOTION ON THE SECOND, ANY FURTHER DISCUSSION I OPPOSED, THE MOTION CARRIES UNANIMOUSLY. MA'AM, YOU HAD SOMETHING LIKE.
WHICH CASE ARE YOU HERE FOR? OK, NO, THAT WILL BE HEARD THIS EVENING.
IT HASN'T BEEN HEARD YET. OK, OUR NEXT CASE, PLEASE, GREESON.
FIRST, MR. CHAIR, WHO SECONDED THE PREVIOUS MOTION, THE PREVIOUS CASE, I DID AS WELL.
CASE V. 15, 20, 21 IS A VARIANCE TO ALLOW PROPOSED ATTACHED GARAGE TO ENCROACH 10 FEET INTO THE 25 SOUGHT SIDE CORNER SETBACK ESTABLISHED BY SECTION 185 POINT ZERO THREE FOUR F 7C OF THE PALM CODE OF ORDINANCES.
BACKGROUND, THE PROPERTY CONSISTS OF ONE STANDARD AT ONE CORNER, GENERAL DEVELOPMENT CORPORATION, LOTS WITH THE COMBINED WIDTH OF 165 FEET, A DEPTH OF 125 FEET.
THE APPLICANTS HAVE OWNED BOTH PROPERTY SINCE 2019 AND 2020.
THE APPLICANTS RECEIVED A PERMIT FOR A CONCRETE SLAB.
THE PERMIT 20 DASH ONE TWO SEVEN SEVEN EIGHT.
THE CONCRETE SLAB HAS SINCE BEEN INSTALLED AND THE APPLICANTS HAVE NOW APPLIED FOR A 28 FOOT BY 41 FOOT DETACHED METAL GARAGE YOU CONSTRUCTED ON THE SLAB.
THE PERMIT 21 DASH TWO SIX ZERO SIX ANALYSIS IN THE TERMS OF THE VARIANCES FROM THE TERMS OF LAND DEVELOPMENT CODE MAY BE GRANTED WHEN SPECIAL CONDITIONS EXIST THAT RESULT IN UNNECESSARY HARDSHIP.
PROVISIONS OF THE LAND DEVELOPMENT CODE WERE ENFORCED OVER.
A VARIANCE MAY NOT BE GRANTED WHEN THE PUBLIC HEALTH AND SAFETY OF THE WOULD BE COMPROMISED AS A RESULT OF THE VARIANCE.
APPLICATION MUST DEMONSTRATE THAT ITEMS ONE THROUGH SEVEN OF SECTION ONE SIXTY NINE POINT ZERO ZERO NINE OF THE CODE OF ORDINANCES HAVE BEEN MET OR REVIEW OF THESE ITEMS IS AS FOLLOWS. ITEM ONE SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ARE PECULIAR TO THE LAND STRUCTURE OR BUILDING INVOLVED, WHICH ARE NOT APPLICABLE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION.
THE APPLICANT STATES ARE CONCRETE.
SLAB WAS PERMITTED AS A FOUNDATION FOR A STEEL GARAGE.
NOW THAT IT IS POURED AND PERMITTED, WE WERE NOTIFIED IT WAS KICKED BACK BECAUSE THE LAW IS ON A CORNER AND HAS 15 FEET FROM OUR LINE IN THE CITY OF PALM BAY.
A CONCRETE SLAB IS CONSIDERED AN ACCESSORY STRUCTURE AND IS REGULATED BY SECTION ONE EIGHTY FIVE POINT ONE ONE SEVEN H OF THE CITY ZONING CODE AS A SLAB IS OPEN AND AN ENCLOSED MAY EXTEND INTO THE REQUIRED SIDE YARD AREA NO MORE THAN SIX FEET, WHICH IS HOW THE BUILDING PERMIT WAS ISSUED.
HOWEVER, A GARAGE IS CONSIDERED AN ACCESSORY BUILDING AND MUST MEET THE BUILDING SET BACK REGULATIONS OF THE APPLICABLE ZONING DISTRICT STAFF HAS NOT IDENTIFIED ANY SPECIAL
[00:35:04]
CIRCUIT, ANY SPECIAL CONDITIONS OR CIRCUMSTANCES THAT ARE PECULIAR TO THE LAND STRUCTURE OR BUILDING INVOLVED. ITEM TWO, SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED IN ITEM ONE ABOVE ARE NOT THE RESULT OF THE ACTIONS OF THE APPLICANT.THE APPLICANT STATE FURTHER, IT WOULD BE A CONSIDERABLE HARDSHIP TO PAY FOR THE CONCRETE AND WOULD APPRECIATE IT IF YOU WOULD LET US GO ON WITH THE PROJECT.
UPON RECEIVING THE PERMIT FOR THE CONCRETE SLAB, THE APPLICANTS WERE NOTIFIED THAT ANY BUILDING PLACED UPON THE SLAB MUST STILL COMPLY WITH THE 25 FOOT FRONT AND 25 FOOT SIDE CORNER SETBACK SET IN THE ZONING DISTRICT REGULATIONS.
THE NEED FOR A VARIANCE AS A RESULT OF THE ACTIONS OF THE APPLICANT AS THE GARAGE WAS NOT DESIGNED TO MEET THE SETBACK.
ITEM THREE, LITERAL INTERPRETATION ENFORCEMENT, THE LAND DEVELOPMENT CODE REGULATIONS WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION UNDER THE TERMS OF THE LAND DEVELOPMENT CODE TO WORK UNNECESSARY AND UNDUE HARDSHIP ON THE APPLICANT.
LITERAL INTERPRETATION ENFORCEMENT, THE LAND OF THE CODE WOULD REQUIRE THE APPLICANT TO BUILD WITHIN THE APPLICABLE SETBACKS, BUILDING WITHIN THE REQUIRED SET BACKS WOULD NOT ALLOW THE PROPOSED ATTACHED GARAGE TO BE IN THE DESIRED SIZE AND DESIRED LOCATION OVER THERE, SUFFICIENT LAND TO CONSTRUCT THE SAME SIZE STRUCTURE ON THE LOT WITHIN THE BACK REQUIREMENTS ITEM FOR THE VARIANCE IF GRANTED AS THE MINIMUM VARIANCE NECESSARY TO MAKE POSSIBLE THE REASONABLE USE OF THE LAND BUILDING OR STRUCTURE.
A MAXIMUM OF 10 FEET UNTIL THE 25 FOOT SIDE CORNER SETBACK WOULD BE NEEDED TO MEET THE APPLICANTS REQUEST, ITEM FIVE GRANTING OF THE VARIANCE REQUEST WILL NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVILEGE THAT IS DENIED BY THE DEPARTMENT CODE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME USE CATEGORY, ZONING DISTRICT OR SITUATION.
GRANTING OF THE VARIANCE WOULD CONFER UPON THE APPLICANT A SPECIAL PRIVILEGE FOR THE SETBACK RELIEF AS THE SAME DEVELOPMENT STANDARDS APPLY TO OTHER PROPERTIES IN THIS COMMUNITY. ITEM SIX THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THIS CODE AND WILL NOT BE INJURIOUS TO THE SURROUNDING PROPERTIES OR DETRIMENTAL TO THE PUBLIC.
WELFARE STAFF HAS NOT IDENTIFIED ANY DETRIMENTAL EFFECT TO THE PUBLIC WELFARE.
ITEM SEVEN, THE VARIANCE REPRESENTS A REASONABLE DISPOSITION OF A CLAIM UNDER THE HARRIS PRIVATE PROPERTY RIGHTS PROTECTION ACT CHAPTER 95 ON 181 LAWS OF FLORIDA AT A MOMENT OR TWO. THE CITY IS REASONABLY CERTAIN THE APPLICANT'S PROPERTY, BASED ON THE RECOMMENDATIONS OF THE SPECIAL MASTER APPOINTED IN ACCORDANCE WITH THE ACT OR THE ORDER OF THE COURT AS DESCRIBED IN THE ACT, STAFF HAS NOT RECEIVED A CLAIM MADE ON THIS PROPERTY WITH RESPECT TO THE PERJURIOUS ACT.
STAFF RECOMMENDATION, THE PLANNING AND ZONING BOARD MUST DETERMINE, BASED ON THE FACTS PRESENTED, TO WHAT DEGREE, IF ANY, OF MINIMUM RELIEF IS REQUIRED TO MEET THE NEEDS OF THE VARIANCE BEING REQUESTED AS REQUIRED UNDER SECTION ONE SIXTY NINE POINT ZERO ZERO NINE.
THE CITY OF BOMBAY COULD ONESIES AND MAKE RECOMMENDATIONS TO CITY COUNCIL FOR A FINAL REVIEW. WITH THAT, I CAN ANSWER ANY QUESTIONS WHEN I HAVE.
AS THE BOARD HAVE ANY QUESTIONS FOR STAFF.
SO WHEN THE APPLICANT APPLIED FOR THE ORIGINAL PERMIT, WERE THEY GOING TO BUILD A GARAGE OR THEY JUST POURED THE SLAB FOR JUST A SLAB? I'M NOT SURE WHAT THEY TOLD BUILDING IT WOULD HAVE BEEN DONE TO THE BUILDING DEPARTMENT.
THE FIRST THEY WOULDN'T IT WOULD HAVE NEEDED TO APPLY FOR THAT CONCRETE SLAB TO BEGIN WITH ON THAT PERMIT PLANNING.
TECHNICIAN OF OUR BUILDING, SUE CHANDLER, DID STAMP THAT, HAD TO BE APPROVED AND MUST COMPLY WITH THE SETBACKS ON THERE.
ANYTHING BUILT ON THAT WOULD HAVE TO COMPLY WITH THOSE SETBACKS.
YEAH, THE QUESTIONS. THANK YOU.
AT THIS TIME, I'LL OPEN THE PUBLIC HEARING AND ASK THE APPLICANT TO PLEASE COME TO THE PODIUM.
HELLO, MY NAME IS KAREN DURNAN, I LIVE AT 14 81, WHITTMAN DRIVE WEST MELBOURNE 294.
WE'RE BUILDING THIS GARAGE WITH THIS HOUSE AND IT WAS PERMITTED I HAVE IT RIGHT HERE SAYS JUST OBJECT. IT JUST HAD A GARAGE WITH.
TWENTY SIX, TWENTY ONE, AND PLEASE SPEAK INTO THE MICROPHONE.
YOU WANT ME TO REPEAT ALL THAT? DID EVERYONE CATCH WHAT YOU SAID? I THINK WE ALL GOT THAT.
ANYTHING ELSE YOU'D WANT TO ADD? NO, I JUST WE WOULD HAVE PUT IT ANYWHERE THEY WANTED US TO, BUT.
NOW THAT WE'VE POURED THE CONCRETE AND IT'S GOT.
THINGS THAT WERE, YOU KNOW, LIKE.
RAINING AND SUCH OR THAT I HAVE ONE QUESTION FOR YOU, HOW ARE YOU GOING TO ACCESS THE GARAGE? THERE'S TWO, TWO DOORS ON ONE AND ONE ON THE OTHER, YOU KNOW, BIG GARAGE DOORS AND THEN A SIDE DOOR ALSO.
WE'LL BE JUST ACCESS THROUGH THE THROUGH THE THE GRASS.
WE KNOW THIS DRIVEWAY WELL, THERE'S GOING TO BE DRIVEWAYS INTERNALLY, NOT TO THE STREET.
[00:40:07]
NOW TO THE STREET. YEAH, AT BOTH ENDS, YES.THANK YOU ONCE AGAIN, HAPPY TURN.
IS THERE ANYONE? THANK YOU, MA'AM.
YOU CAN SIT. OK, IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSE THE APPLICATION? NO ONE AT THIS TIME, I'LL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR MOTION. MOTION TO APPROVE B FIFTEEN, TWENTY, TWENTY, ONE SECOND MOTION AND A SECOND ANY FURTHER DISCUSSION.
THANKS ALSO TO ITEM NUMBER SIX, ITS STAFF HAS NOT IDENTIFIED ANY DETRIMENTAL EFFECT TO THE PUBLIC WELFARE, AS FAR AS I'M CONCERNED, NO HARM, NO FOUL.
I SEE NO REASON NOT TO APPROVE THIS.
SO, UH, CAN I GET A MOTION, PLEASE? WE HAVE A SECOND EMOTION, THE SECOND ANY FURTHER DISCUSSION.
ALL IN FAVOR, SAY I WILL OPPOSE MOTION CARRIED UNANIMOUSLY ILLEGAL FOLKS.
ALL RIGHT. CASE OF 16, 20, 21 IS A VARIANCE TO ALLOW PROPOSED SCREEN PATIO TO ENCROACH FIVE FEET. THE 25 YEAR BUILDING SET BACK AS ESTABLISHED BY SECTION 185 POINT ZERO THREE FOUR FIVE SEVEN AND THE PALM BEACH CODE OF ORDINANCES.
BACKGROUND, THE PROPERTY CONSISTS OF ONE STANDARD DEVELOPMENT, GENERAL DEVELOPMENT CORPORATION, LOT WITH A WIDTH OF 80 FEET AND A DEPTH OF ONE TO 25 FEET.
THE PROPERTY WAS CONSTRUCTED IN 2005 AND PURCHASED BY THE CURRENT APPLICANT OWNERS.
IN 2019, SUBJECT PROPERTY RECEIVED A PERMIT FOR A CONCRETE SLAB.
THE PERMIT NUMBER 20 DASH NINE ONE FIVE SEVEN.
APPLEGATE'S NOW SEEK TO PLACE A ROOF ABOVE THE SLAB AND SOON AFTER PLACE A SCREEN AROUND THE STRUCTURE IN ORDER TO CREATE A PATIO ANALYSIS.
VARIANCES FROM THE TERMS OF LAND DEVELOPMENT CODE MAY BE GRANTED WHEN SPECIAL CONDITIONS EXIST THAT RESULT IN UNNECESSARY HARDSHIP PROVISIONS OF THE LAND DEVELOPMENT CODE OR ENFORCED. HOWEVER, A VARIANCE MAY NOT BE GRANTED WHEN THE PUBLIC HEALTH AND SAFETY WOULD BE COMPROMISED AS A RESULT OF THE VARIANCE.
APPLICATION MUST DEMONSTRATE THAT ITEMS ONE THROUGH SEVEN OF SECTION ONE SIXTY NINE POINT ZERO ZERO NINE. THE CODE OF ORDINANCES HAVE BEEN MET.
REVIEW OF THESE ITEMS IS AS FOLLOWS.
ITEM ONE SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ARE PECULIAR TO THE LAND STRUCTURE OR BUILDING INVOLVED, WHICH ARE NOT APPLICABLE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME USE CATEGORY, ZONING DISTRICT OR SITUATION.
THE APPLICANT IS LOOKING TO COVER THE EXISTING SLAB FOR HER MOTHER, WHO WAS CONFINED TO A WHEELCHAIR FOR HER TO SIT OUTSIDE AND BE PROTECTED FROM THE RAIN.
THE HOME ITSELF SITS 42 FEET BACK FROM THE FRONT PROPERTY LINE, 17 FEET FURTHER THAN WHAT IS REQUIRED BY ZONING CODE.
THIS LIMITS THE AMOUNT OF AVAILABLE SPACE FOR ANY BUILDING ADDITIONS OR ACCESSORY STRUCTURES IN THE AREA OF THE PROPERTY.
BOARDING COUNCIL MAY CONSIDER THE CONDITION OF THE APPLICANT'S MOTHER AND THE PLACEMENT OF THE HOME ON THE PROPERTY AS SPECIAL CONDITIONS OR CIRCUMSTANCES ITEM TO A SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED IN ITEM ONE ABOVE ARE NOT THE RESULT THE ACTIONS OF THE APPLICANT. THE CONDITIONS AND CIRCUMSTANCES IDENTIFIED AN ITEM ONE ARE NOT THE RESULT OF THE ACTIONS OF THE APPLICANT AS THE APPLICANT WAS NOT THE ORIGINAL OWNER OF THE HOME. ITEM THREE, LITERAL INTERPRETATION AND ENFORCEMENT OF THE LAND ALLOTMENT CODE REGULATIONS WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION UNDER THE TERMS OF LAND DEVELOPMENT CODE AND WOULD WORK UNNECESSARY AND UNDUE HARDSHIP ON THE APPLICANT.
LITERAL INTERPRETATION AND ENFORCEMENT.
THE LAND ELEMENT CODE WOULD REQUIRE THE APPLICANT TO BUILD WITHIN THE APPLICABLE SETBACKS. BUILDING WITHIN THE REQUIRED SET BACKS WOULD ONLY ALLOW FOR A PATIO AT THE DEPTHS OF SEVEN POINT SIX FEET, WHICH IS SMALLER THAN TYPICAL PATIO'S.
ITEM FOR THE VARIANTS, IF GRANTED, IS THE MINIMUM VARIANCE NECESSARY TO MAKE POSSIBLE THE REASONABLE USE OF THE LAND BUILDING OR STRUCTURE.
MAXIMUM OF FIVE FEET INTO THE 25 FOOT REAR BUILDING SETBACK WOULD BE NEEDED TO MEET THE APPLICANTS REQUEST. ITEM FIVE, GRANTING OF THE VARIANCE REQUEST WILL NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVILEGE THAT IS DENIED BY THE DEVELOPMENT CODE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME LANIE'S CATEGORY, ZONING DISTRICT OR SITUATION.
GRANTING A VARIANCE WOULD CONFER UPON THE APPLICANT A SPECIAL PRIVILEGE FOR THE SETBACK RELIEF AS A SAME DEVELOPMENT STANDARDS APPLY TO OTHER PROPERTIES IN THIS COMMUNITY.
ENCROACHMENT DOES NOT APPEAR TO CREATE ANY HEALTH OR SAFETY HAZARDS TO ADJACENT PROPERTIES. ITEM SIX, THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THIS CODE WILL NOT BE INJURIOUS TO THE SURROUNDING PROPERTIES OR DETRIMENTAL TO THE PUBLIC. WELFARE STAFF HAS NOT IDENTIFIED ANY DETRIMENTAL EFFECT ON PUBLIC WELFARE. ITEM SEVEN THE VARIANCE REPRESENTS A REASONABLE DISPOSITION OF A CLAIM
[00:45:04]
BROUGHT UNDER THE BIRTHDAY, HARASSED BY A PROPERTY RIGHTS PROTECTION ACT.CHAPTER NINE FIVE DASH 181 LAWS OF FLORIDA THAT HAD ALL OF THE CITY IS REASONABLE, REASONABLY BURDENED APPLICANT'S PROPERTY BASED ON THE RECOMMENDATIONS OF THE SPECIAL MASTER APPOINTED IN ACCORDANCE WITH THE ACT OR THE ORDER OF A COURT AS DESCRIBED IN THE ACT, STAFF HAS NOT RECEIVED A CLAIM MADE UPON THIS PROPERTY.
RESPECT THE BØRGE HARRIS ACT OR ANY DEVELOPMENT ORDER.
AS INDICATED ABOVE, IF ITEM SEVEN IS NOT APPLICABLE STAFF RECOMMENDATION, THE PLANNING AND ZONING BOARD MUST DETERMINE, BASED ON THE FACTS PRESENTED, TO WHAT DEGREE, IF ANY, OF MINIMAL RELIEF IS REQUIRED TO MEET THE NEEDS OF THE VARIANCE BEING REQUESTED AS REQUIRED UNDER SECTION ONE SIXTY NINE POINT ZERO ZERO NINE OF THE CITY OF PALM BEACH COURT OF WITNESSES AND MAKE RECOMMENDATIONS TO CITY COUNCIL FOR A FINAL REVIEW.
AND WITH THAT, I CAN ANSWER ANY QUESTIONS REGARDING THE CASE OR HAVE ANY QUESTIONS FOR SNARF. RASIM.
AT THIS FINAL OPEN THE PUBLIC HEARING AND ASK THE OPPOSITION TO PLEASE COME TO THE PODIUM. THE GONZALES.
GOOD EVENING. MY NAME IS TANIA GONZALEZ, AND I SEE YOU HERE, THEY WANT TO PULL MY BIGGEST SCREEN WHEN I DID THE FLOOR FACE, BUT THEN THEY SAY, ARE WE ALLOWED? TWELVE FEET NOW THEY SAY ONLY SEVEN POINT SIX AND ONE OF MY MEMBER IN THE FAMILY, YOU HAVE A WHEELCHAIR. SO WHEN WE DO, THE SEVEN POINT SIX IS NOT GOING TO BE ENOUGH FOR THE SCREEN, LIKE FOR THE CHAIR.
SO I WOULD LIKE TO SEE IF ANY I'M NOT MY BACKYARD IS REALLY BIG.
SO I THINK IF IS THERE ANY ANY ISSUES, I WOULD LIKE TO SEE IF I COULD GET A LIVE 11 OR 12. I WILL MAKE OUR LIFE EASIER IF YOU HAVE ANY QUESTIONS FOR MRS. GONZALES. THANK YOU, MA'AM.
THANK YOU. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OR OPPOSED TO THIS APPLICATION? NO, I WILL CLOSE PUBLIC HEARING AND BRING THEM BACK TO THE BOARD FOR EMOTION, MOTION TO APPROVE CASE V.
16, DASH 20 21 SECOND MOTION ON THE SECOND.
ANY FURTHER DISCUSSION ON FAVOR, SAY AY.
I ALL OPPOSED MOTION CARRIES UNANIMOUSLY HEGEMANN.
RIGHT UP AT THE PODIUM HERE, MAN.
THANK YOU. A PATRICK, ER, NEXT CASE, PLEASE.
YES, MR. CHAIRMAN, THE NEXT CASE ON THE AGENDA, SEE YOU 17, 20, 21 BACKGROUND SUBJECT PROPERTIES IN THE VICINITY SOUTHEAST OF THE INTERSECTION OF PALM BAY ROAD AND BOWCOCK STREET. SPECIFICALLY, THE PROPERTY IS TAX PARTIAL FIVE THREE LOCATED IN SECTION 22 TOWNSHIP 28 SOUTHBRIDGE 37 EAST RIVERSIDE COUNTY, FLORIDA.
PARCEL'S APPROXIMATELY TWELVE POINT THIRTY TWO ACRES.
THE PROPERTY IS KNOWN AS THE PALM BAY SHOPPING CENTER AND WAS CONSTRUCTED IN 1979 AND INCLUDES APPROXIMATELY ONE HUNDRED AND THIRTY FIVE THOUSAND SQUARE FEET OF RETAIL SPACE LAID OUT IN AN L SHAPE.
THE PRIMARY, OR ANCHOR TENANT, IS A PUBLIX GROCERY STORE THAT HAS SERVED THE COMMUNITY FOR SEVERAL DECADES.
VARIOUS RETAIL SERVICE AND DEPARTMENT STORES HAVE EXISTED WITHIN THE PLAZA OVER THE YEARS. THE APPLICANT REQUESTING CONDITIONAL USE APPROVAL FOR COMMERCIAL DEVELOPMENT OF A PARCEL GREATER THAN 10 ACRES IN SIZE, AS REQUIRED BY SECTION ONE OF THE FIVE POINT ZERO FOUR THREE D ONE OF THE PULMICORT OF ORDINANCES.
THE APPLICANT FOR THIS REQUEST IS MARK POMI PARTNERS LLC.
REPRESENTING THE APPLICANT OF THIS.
ON THIS REQUEST IS JAKE WISE OF THE CEG LLC.
ANALYSIS, THE APPLICANT OWNER INTENDS TO COMPLETELY REMOVE ALL EXISTING BUILDINGS FROM THE SITE PROPOSED FOR CONSTRUCTION, IS A NEW PUBLIX GROCERY STORE WITH A NEW PHARMACY THAT INCLUDES DRIVETHROUGH SERVICE STORES, APPROXIMATELY FORTY EIGHT THOUSAND THREE HUNDRED EIGHTY SEVEN SQUARE FEET, LOCATED EAST OF AN ADJACENT TO THE PUBLIC'S, WILL BE A SEPARATE RETAIL AREA OF 1200 SQUARE FEET TO THE WEST OF THE PHARMACY.
DRIVE THRU LANES WILL BE A FREESTANDING 8000 SQUARE FOOT RETAIL BUILDING.
TWO COMMERCIAL BUILDINGS WILL BE LOCATED ADJACENT TO BABCOCK STREET, A 7000 SQUARE FOOT RETAIL BUILDING IN THE NORTHWEST PORTION OF THE SITE, AND A THREE THOUSAND EIGHT HUNDRED EIGHTY SQUARE FOOT DRIVE THRU RESTAURANT IN THE SOUTHEASTERN PORTION OF THE SITE.
THE CUMULATIVE TOLD OF THE NEW BUILDINGS IS SEVENTY EIGHT THOUSAND FOUR HUNDRED SIXTY SEVEN SQUARE FEET. CODE REQUIREMENTS TO BE GRANTED CONDITIONAL APPROVAL REQUESTS ARE EVALUATED UPON ITEMS THROUGH EYE OF THE GENERAL REQUIREMENTS AND CONDITIONS OF SECTION ONE EIGHTY FIVE POINT 087.
WITH THE CODE AVOIDANCES EARLIER, THESE ITEMS IS AS FOLLOWS.
ITEM A. DEALS WITH ADEQUATE INGRESS AND EGRESS TO THE PROPERTY.
ACCORDING TO THE CONCEPTUAL SIDE PLAN, THE SITE WILL BE ACCESSED FROM FOUR SEPARATE LOCATIONS NORTH AND CENTRAL DRIVEWAY CONNECTIONS TO BABCOCK STREET, WHICH ARE RIGHT AND RIGHT OUT CONFIGURATION WILL REMAIN AS IS A SOUTH DRIVEWAY.
CONNECTION WILL BE IMPROVED TO A SIGNALIZED INTERSECTION WITH A FOUR WAY TRAFFIC STOP SIGNAL HEAD. THE INTERSECTION WILL INCLUDE A DUAL SOUTHBOUND LEFT TURN INTO THE PLAZA, WHICH WILL GREATLY IMPROVE THE SAFETY OF THE EXISTING DRIVEWAYS THAT LIE OPPOSITE THIS MEDIAN OPENING. THE FOURTH APPROACH TO THE PLAZA WILL BE FROM THE INTERNAL DRIVEWAY
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CONNECTION TO THE U-HAUL FACILITY THAT EXISTS TO THE NORTH.THE CITY'S ENGINEERING DIVISION WILL REQUIRE A TRAFFIC STUDY IN THE PROPOSED INTERSECTION, WILL REQUIRE APPROVAL FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FIVE OFFICE ITEM BE ADEQUATE OFF STREET PARKING AND LOADING AREAS BASED UPON THE SIZE OF THE BUILDINGS AND THEIR INTENDED USES.
THE OVERALL PROJECT AREA SHALL CONTAIN A MINIMUM OF 196 STANDARD SPACES AND A MINIMUM OF SIX HANDICAP ACCESSIBLE SPACES.
IN ADDITION, THREE OFF STREET LOADING SPACES ARE REQUIRE.
THE CONCEPTUAL SITE PLAN PROPOSES 493 STANDARD PARKING SPACES IN 22 HANDICAPPED ACCESSIBLE SPACES.
THREE LOADING ZONES ARE PROVIDED BEHIND THE MAIN RETAIL BUILDINGS, ALTHOUGH THIS MEANS THE PARKING CODE FOR THE OVERALL PROJECT.
NO LOADING ZONES HAVE BEEN PROVIDED FOR THE NEW BUILDINGS THAT FRONT BABCOCK STREET.
THEREFORE, THESE BUILDINGS SHALL SCHEDULE THEIR DELIVERIES FOR A TIME WHEN EACH BUSINESS IS NOT OPEN TO THE PUBLIC ITEM SEE ADEQUATE AND PROPERLY LOCATED UTILITIES.
THE APPLICANT, AT THEIR EXPENSE, WILL BE REQUIRED TO DESIGN, PERMIT, INSTALL, INSPECT AND TEST WATER AND SEWER SYSTEMS OF ADEQUATE SIZE FOR CONNECTION TO THE CITY'S UTILITY SYSTEM. IT SHALL BE NOTED THAT THE REDUCTION IN OVERALL FLOOR AREA SHOULD CREATE LESS OF A DEMAND ON THE UTILITY SYSTEM THAN THE EXISTING PLAZA.
I DEMAND ADEQUATE SCREENING AND BUFFERING THE SHOPPING PLAZA HAS BEEN PRESENT FOR OVER FOUR DECADES AND IS BORDERED BY USES OF LIKE INTENSITY HAVE COEXISTED WITHOUT ANY KNOWN ISSUES. ALL PROPOSED BUILDINGS MEET THE APPLICABLE BUILDING SETBACKS, INCLUDING THE MINIMUM TWENTY FIVE FOOT BUILDING SET BACK FROM RESIDENTIAL PROPERTIES.
EXISTING LANDSCAPING SHALL REMAIN EXCEPT FOR NEW BUILDINGS OR INFRASTRUCTURE IMPROVEMENTS ARE PROPOSED AT THE TIME OF ADMINISTRATIVE SIPKIN REVIEW.
CITY STAFF WILL WORK WITH THE APPLICANT'S DESIGN TEAM ON AN ATTRACTIVE IN CODE COMPLIANT LANDSCAPE PLAN. AN EXISTING SIX FOOT TALL CONCRETE WALL WITH A STUCCO FINISH RUNS ALONG THE ENTIRE NORTH PROPERTY LINE OF THE BRAXTON APARTMENTS, LOCATED DIRECTLY SOUTH ITEMIZE SIGNS AND LIGHTING THE EXISTING SAME LOCATION IN THE NORTHWEST PORTION OF THE SITE WILL REMAIN IN ITS FUTURE LOCATION AND BE UPDATED TO MATCH THE NEW BUILDING ARCHITECTURE.
EACH TENANT INFORMATION WILL BE ADDED OVER TIME.
ONLY ONE DETACHED SON WILL BE ALLOWED AND SHOULD FOCUS ON THE BUSINESSES THAT ARE SET BACK FAR FROM THE ROADWAY.
THE TWO BUILDINGS THAT FRONT UPON BABCOCK STREET HAVE SUFFICIENT EXPOSURE TO THE ADJACENT MOTORING PUBLIC, WHERE ONLY WALL SIGNAGE WOULD BE WARRANTED TO ADVERTISE THE GOODS AND SERVICES PROVIDED WITHIN.
ALTHOUGH NO PHOTOMETRIC LIGHTING PLAN HAS BEEN PROVIDED, IT SHALL BE NOTED THAT THE CITY CODES REQUIRE ALL LIGHTING TO BE SHIELDED AND ARE DIRECTED DOWNWARD TO AVOID CREATING A NUISANCE TO ADJACENT PROPERTIES, IMF YARDS AND OPEN SPACES.
THE YARDS AND OPEN SPACE REQUIREMENTS OF THE ZONING CODE ARE NOT CURRENTLY IN COMPLIANCE.
HOWEVER, THE PROPOSED IMPROVEMENTS, WHICH ARE THE PARKING AREAS, ARE NOT PLANNED TO MOVE ANY CLOSER TO THE PROPERTY LINES AND THUS THE YARD AREAS ARE NOT BEING DECREASED.
THE PLAZA SHARES A COMMON PROPERTY LINE WITH A U-HAUL FACILITY TO THE NORTH IN AN OUTPOST ALONG BABCOCK THAT PREVIOUSLY CONTAINED A MCDONALD'S RESTAURANT.
RECIPROCAL EASEMENTS THAT INCLUDE CROSS ACCESS AND SHARED PARKING ARE RECORDED IN THE PUBLIC RECORDS OF OUR COUNTY.
ANY FUTURE CHANGES TO THESE EASEMENTS MUST BE APPROVED BY ALL APPLICABLE PARTIES, WHICH INCLUDES THE CITY ITEM G NUISANCE OR HAZARDS CAUSED BY THE USE.
AS STATED ABOVE, THE CITY'S ENGINEERING DIVISION WILL REQUIRE A TRAFFIC STUDY TO BE PROVIDED TO EXAMINE ANY POSSIBLE IMPACTS TO BABCOCK STREET AND ANY NECESSARY IMPROVEMENTS TO MITIGATE THESE IMPACTS.
THE PLAZA WILL BE REDUCED IN OVERALL SIZE BY 42 PERCENT VIA A REDUCTION IN FLOOR AREA OF FIFTY SIX THOUSAND FIVE HUNDRED AND THIRTY THREE SQUARE FEET.
THE ADDITION OF A TRAFFIC SIGNAL AT THE SOUTHWEST ENTRANCE TO THE PLAZA WILL IMPROVE THE FLOW OF TRAFFIC AND ALLOW FOR MUCH SAFER ACCESS.
NO INCOMPLETE ISSUES HAVE BEEN DETERMINED BY CITY STAFF ITEM.
EYE DEVELOPMENT OPERATION OF THE PROPOSED USE WILL BE IN FULL COMPLIANCE WITH ANY ADDITIONAL CONDITIONS AND SAFEGUARDS WHICH THE CITY COUNCIL MAY PRESCRIBE, INCLUDING, BUT NOT LIMITED TO A REASONABLE TIME LIMIT WITHIN WHICH THE ACTION FOR WHICH SPECIAL APPROVAL IS REQUESTED SHALL BE BEGUN OR COMPLETED.
OR BOTH. THE PLANNING AND ZONING BOARD AND CITY COUNCIL HAVE THE AUTHORITY AND RIGHT TO IMPOSE ANY ADDITIONAL AND JUSTIFIABLE SAFEGUARDS AND OR CONDITIONS TO ENSURE THAT THE FACILITY OPERATES SAFELY AND HARMONIOUSLY WITH ITS SURROUNDINGS.
STAFF CONCLUSION STAFF RECOMMENDS APPROVAL OF CASE NUMBER C 17, 20, 21, SUBJECT TO THE RECOMMENDATIONS CONTAINED BELOW AND COMPLIANCE WITH ALL CITY CODES AND OTHER GOVERNMENTAL REGULATIONS. CONDITION ONE COMPLIANCE WITH THE LATEST ADA REGULATIONS FOR THE PARKING AREAS, ALL SIDEWALKS AND BUILDING ENTRANCES AND RESTAURANTS, IN ADDITION TO PROTECTION OF EXISTING TREES NOT DISPLACED BY NEW BUILDINGS OR INFRASTRUCTURE AND CONDITION.
THREE PROVIDE A TRAFFIC STUDY AND A FULLY ENGINEERED INTERSECTION AND TRAFFIC SIGNAL DESIGN. THAT CONCLUDES MY REPORT.
I'D BE HAPPY TO ANSWER QUESTIONS ABOUT WHO MAY HAVE HOPKINS IS HERE, AS WOULD HAVE ANY QUESTIONS FOR STAFF. THANK YOU, PATRICK.
WILL THE APPLICANT'S REPRESENTATIVE PLEASE COME TO THE PODIUM? MY NAME IS DAVID TOMEN WITH CEG TWO SIX FIVE ONE WESTALL GALLIE BOULEVARD IN MELBOURNE,
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FLORIDA. JUST STAFF DID A GREAT JOB EXPLAINING EVERYTHING.SO I'LL KEEP MY COMMENTS BRIEF.
ONE OF THE THINGS WE WANTED TO POINT OUT IS THAT EXISTING PLAYERS HAS BEEN THERE, LIKE PATRICK SAID, FOR DECADES, THE ORIGINAL SITES LIKE ONE HUNDRED AND THIRTY FIVE THOUSAND SQUARE FEET OF COMMERCIAL BUILDINGS, IT'S BEING REDUCED DOWN BY FIFTY SIX THOUSAND FIVE HUNDRED AND THIRTY THREE SQUARE FEET APPROXIMATELY.
THE SITE HAS NO ONSITE DRAINAGE.
WE'RE GOING TO BE PROVIDING SOME ONSITE DRAINAGE.
EVERYTHING RIGHT NOW DRAINS OUT INTO BABCOCK, DIRECTLY DISCHARGING INTO THAT SYSTEM.
SO WE'LL BE PROVIDING ADDITIONAL STORMWATER TREATMENT TO HELP THAT SYSTEM ALONG, PLUS HELP OUR OWN SITE MAKE IT NICER.
THAT SITE HAS BEEN AROUND, LIKE I SAID, A LONG TIME.
EVERY BUILDING ON THAT SITE IS GOING TO BE KNOCKED DOWN AND STARTED OVER.
SO IT'S GOING TO BE A REALLY NICE SITE.
THE OWNER DOES AGREE TO ALL THE STAFF.
RECOMMENDATIONS, AND THAT WAS ABOUT IT.
WE DID HAVE JAKE WISE DID HAVE A NEIGHBORHOOD MEETING, THREE NEIGHBORS ATTENDED THAT MEETING AND ALL WERE GLAD TO SEE OR HEAR THAT THE PLAZA WAS GOING TO BE KNOCKED DOWN AND A NEW ONE PUT BACK IN.
TRAFFIC STUDY, WE WE GOT SOME TRAFFIC COUNTS FROM THE CONSULTANT TODAY, AND WITH THAT DECREASE OF 56000 SQUARE FEET OF BUILDING, IT'S GOING TO REDUCE THE DAILY TRAFFIC BY JUST UNDER THREE THOUSAND TRIPS PER DAY.
SO THAT'S QUITE SUBSTANTIAL INCREASE IN THAT AREA.
PLUS, YOU'RE GETTING A BRAND NEW PLAZA.
SO IN THE NEIGHBORHOOD AND WE'LL GET TO ENJOY THAT ALL ARCHITECTURAL, OF COURSE, WILL MEET THE NEW STANDARDS OF PALM BAY.
AND IF YOU HAVE ANY QUESTIONS, WE'RE HERE TO ANSWER THEM.
THE BOARD HAVE ANY QUESTIONS FOR MR. TOM? THANK YOU, SIR.
AT THIS TIME, I'LL OPEN THE PUBLIC HEARING TO ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED TO THIS APPLICATION.
NO, I WILL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION.
MOTION IS A MOTION TO APPROVE THE EU'S 17, 2021.
WITH THE. RECOMMENDATIONS OF THE STAFF.
THE SECOND ANY FURTHER DISCUSSION ALL IN FAVOR, SAY I OPPOSED MOTION CARRIES UNANIMOUSLY.
ALTHOUGH STEPH WAS IN FULL SUPPORT OF THAT PREVIOUS REQUEST, I MUST SAY PERSONALLY, IT'S A LITTLE BITTERSWEET FOR ME. THAT'S MY PUBLIX AND EVERYONE HAS LIKE THEIR OWN STORE.
YOU'LL HAVE A NICE NIGHT. I'VE BEEN SHOPPING AT THAT PLACE SINCE 1997, AND IT NEVER CHANGES EVERYTHING YOU WANT IN THE EXACT SAME AISLE.
I JUST WALK AND EVERYTHING'S RIGHT THERE.
SO ALTHOUGH IT'S GOING TO BE BEAUTIFUL, IT'S KIND OF BITTERSWEET BECAUSE I'M GOING TO BE DOWN FOR A YEAR, PROBABLY, BUT IT'S GOING TO BE NICE TO SEE THAT REDEVELOPED.
IT WILL END THE TRAFFIC SIGNALS REALLY GOING TO HELP THAT LIKE THAT AND A REDUCTION IN THE IN THE TRAFFIC.
UNFORTUNATELY, WE RECENTLY HAD TWO FATALITIES RIGHT AT THE INTERSECTION.
YEAH, THAT'S A SHAME. AND I THINK THAT SIGNAL'S REALLY GOING TO HELP OUT.
THERE IS JUST TOO MUCH INFLUENCE AT THE INTERSECTION.
OH, SO YOU WANT TO GO ASK? DESPITE. SO WHAT THEY'RE DOING IS THERE'S A CONCEPTUAL SITE PLAN THAT WE'RE PROVING AND CONCEPT, SO WE APPROVING WILL COUNSEL ULTIMATELY WHO'S THERE APPROVING THE BASIC DESIGN WITH A FOOTPRINT OF THE BUILDING IS WHERE THE PARKING LOT AND WHERE THE ENTRANCES ARE.
BUT THAT DOESN'T MEAN THE CORRECT A BUILDING PERMIT.
THEY HAVE TO GO THROUGH CITY STAFF, THROUGH AN ADMINISTRATIVE SITE PLAN, REVIEW PROCESS WHERE ENGINEERED SITE PLANS ARE SUBMITTED AND THEN LOOK AT PAVEMENT, DEP, WATER AND SEWER, WHERE THE DRAINAGE OUTFALLS TO, YOU KNOW, THE WIDTH OF THE SPACES.
WE GO THROUGH THE ENTIRE CODE OF ORDNANCE AND MAKE SURE IT MEETS ALL REGULATIONS.
SO HERE WE'RE APPROVING IT IN CONCEPTUAL AND WE'RE APPROVING THE LAYOUT IN ITS BASIC DESIGN. OUTBUILDINGS ARE AS.
I WAS IN THE DRIVE THRU AT PLAY ON NOW OR.
YEAH, SO, I MEAN, I WAS JUST LOOKING AT THIS, THEY'RE VERY POPULAR RESTAURANTS, YOU WANT TO LOOK AT THAT SO I CAN COMMENT? PATRICK WAS WHY WOULD A RETAILER AGREE OR WANT LESS SQUARE FOOTAGE OF RETAIL?
[01:00:03]
NOT THAT, YOU KNOW, THAT MAYBE JUST SEEMS STRANGE.THEY FEEL THAT THE AMOUNT OF SQUARE FOOTAGE THAT WAS THERE WAS NOT REALISTIC WITH TODAY'S RETAIL NEEDS AND PRESENTING A SMALLER BUILDING IS GOING TO BE ECONOMICALLY EFFICIENT.
THERE WAS VACANT SPACE WITHIN THOSE BUILDINGS.
THE BACK RIGHT CORNER OF THAT WAS USED TO HAVE A BEAUTY SCHOOL AND THERE WAS ALMOST NEVER OCCUPIED THE LITTLE RESTAURANT THAT WAS BURIED IN THE CORNER, WHICH WAS ORIGINALLY A CITY. YES, NO BEFORE TAX OR WELL, ORIGINALLY TAPS ON THE EAST SIDE, THE ONE IN THE GARDEN AREA IN THE BACK BEFORE GREENWICH.
THANK YOU. WHICH HAS BEEN A COUPLE OF PLACES SINCE THEN.
IT'S SO FAR BURIED AND HARD TO SEE.
AND IT'S JUST IT'S DIFFICULT TO CONTINUE TO HAVE, YOU KNOW, VIABLE TENANTS.
SO THEY BELIEVE THAT THIS IS GOING TO BE A MUCH BETTER PRODUCT OR UNLOOKED ITSELF.
THE SQUARE FOOTAGE IS GOING TO REMAIN HOTBOX ITSELF IS INCREASING A LITTLE BIT TO THEIR NEW PROTOTYPE, AND THEY'RE ADDING A PHARMACY, WHICH THEY DIDN'T HAVE TO DRIVE THROUGH AS WELL. SO MORE SERVICES FOR THE COMMUNITY.
I'M SORRY. I MEAN, TO DIGRESS.
WE'VE KIND OF MOVED PAST THAT ONE, BUT I JUST EXACTLY WANT TO MAKE A COMMENT.
SO THE NEXT CASE ON THE FIRST ONE, TWENTY, TWENTY ONE BACKGROUND PROPERTY IS LOCATED EAST OF INTERSTATE 95, NORTH OF MELBOURNE, TILLMANN CANAL NUMBER ONE.
AND SOUTH OF HERE, I WOULD DRIVE NORTH EAST.
THE SITE IS KNOWN AS THE FORMER PORT MOUL OR COUNTRY CLUB GOLF COURSE.
SPECIFICALLY, THE SUBJECT PROPERTY IS TAX PARTIAL OF THE FAMILY SECTION 28 IN TAX PASSELL SEVEN FIFTY EIGHT, SECTION TWENTY NINE, TOWNSHIP TWENTY EIGHT AND RICH THIRTY SEVEN EAST.
THE CURRENT ZONING OF THE PROPERTIES IS ONE SINGLE FAMILY RESIDENTIAL AND THE PROPERTY IS BORDERED BY RS1 ZONING ON ALL SIDES.
EXISTING RESIDENTIAL DEVELOPMENT IS LOCATED TO THE SOUTH, WEST AND THE NORTHWEST PORTION OF THE SITE LOCATED TO THE EAST AND NORTHEAST ARE THE OTHER PHASES OF THE OVERALL SUBDIVISION NAMED COUNTRY CLUB LAKES ESTATES.
IN NOVEMBER OF TWENTY FIFTEEN, THE APPLICANT RECEIVED FINAL SUBDIVISION APPROVAL FROM CITY COUNCIL FOR PHASE ONE AND TWO, WHICH CONSISTS OF ONE HUNDRED AND ONE LOTS ON FIFTY TWO POINT TWO ACRES OF LAND.
IN JULY OF TWENTY EIGHTEEN, THE APPLICANT RECEIVED FINAL SUBDIVISION APPROVAL FOR PHASE THREE, WHICH CONSISTS OF 30 LOTS ON THIRTEEN POINT FOUR EIGHT ACRES.
IN MAY OF 2012, AN APPLICANT RECEIVED PRELIMINARY SUBDIVISION APPROVAL FOR PHASE FOUR, WHICH CONSISTS OF SIXTY EIGHT LOTS AND THIRTY TWO POINT THIRTY ONE ACRES OF LAND.
IN MARCH OF TWENTY TWENTY ONE, THE APPLICANT RECEIVED PRELIMINARY PLANNING AND DEVELOPMENT APPROVAL FOR PHASE FIVE, THE FINAL PHASE OF THE OVERALL DEVELOPMENT, WHICH CONSISTS OF ONE HUNDRED AND FIFTY FOUR SINGLE FAMILY LOTS AND FORTY SIX DUPLEX SLOTS ON SEVENTY FOUR POINT TWO FOUR ACRES OF LAND.
THE ENTIRE COUNTRY COLLECTS ESTATES TO THEM WILL EVENTUALLY INCLUDE THREE HUNDRED NINETY NINE RESIDENTIAL UNITS SPREAD ACROSS 172 ACRES OF LAND AND OVERALL DENSITY OF TWO POINT THREE TWO UNITS PER ACRE.
ANALYSIS THE MINIMUM LOT SIZE REQUIRED WITHIN THE RS1 DISTRICT FOR SINGLE FAMILY HOMES AS 80 FEET WIDE BY 100 FEET DEEP IN THE MIDDLE SIZE HOME IS SIX HUNDRED SQUARE FEET UNDER THE TYPICAL PROPOSED LOTTE'S RANGE AND DIMENSIONED FROM 80 TO 90 FEET WIDE AND A DEPTH OF 120 TO 140 FEET.
THE APPLICANT HAS INFORMED STAFF THAT THE MINIMUM HOME SIZE WILL BE MET, BUT LARGER HOMES ARE EXPECTED ON MANY OF THE LOTS.
ACCESS TO THIS PHASE OF SZEKELY WILL BE FROM EXISTING INTERNAL ROADWAYS CREATED BY THE PREVIOUS PHASES OF THE SUBDIVISION.
THOSE BEING KILLED IN DRIVE IN KILKENNY COURT.
KILKENNY COURT WAS CREATED IN PHASE THREE AND NAMED AS A COURT BECAUSE THE ROADWAY DID NOT CONTINUE. PHASE FOUR WILL CONNECT THIS ROADWAY TO AND DRIVE, SINCE IT WILL NO LONGER BE A DEAD END ROAD.
THE NOMENCLATURE OF THIS ROADWAY SHOULD CHANGE FROM COURT TO STREET OR ROAD.
COORDINATION WITH THE BREVARD COUNTY ADJUSTMENT WILL BE NEEDED FOR THIS SECTION.
THIS PHASE OF DEVELOPMENT INCLUDES TO SEPARATE THE INTERCONNECT AND STORMWATER RETENTION PONDS DURING EXCESSIVE RAINFALL EVENTS.
OVERFLOW OF STORMWATER WILL EXIT THE SYSTEM THROUGH AN EXISTING OUTFALL STRUCTURE THAT FLOWS UNDER MEADOWBROOK DRIVE AND INTO THE C1 CANAL.
HISTORICAL DRAINAGE FROM OUTSIDE THE PROPERTY MUST BE ACCOMMODATED AND DESIGNED FOR.
IN THIS PHASE, STREET LIGHTING AND INTERIOR SIDEWALKS WILL BE PROVIDED.
DETAILS FOR LIGHTING STRUCTURES SHALL BE INCLUDED.
A BUFFER AREA WHICH IS MAINTAINED BY THE SKELLEY HOMEOWNERS ASSOCIATION HAS BEEN PROVIDED BETWEEN THE OUTER LOTS OF THIS PHASE OF DEVELOPMENT AND THE EXISTING PROPERTIES THAT ARE THE SUBJECT IN THIS BUFFER RANGES IN DEPTH FROM 10 TO 20 FEET, WHICH WITH MUCH LARGER AREAS PROVIDED IN THE CORNERS OF THE DEVELOPMENT.
THE IRREGULAR SHAPE OF THE PROPERTY IS DIFFICULT TO DESIGN LOTS WITHIN THE OUTER CORNERS, AND THUS THESE AREAS HAVE BEEN DESIGNATED AS OPEN SPACE.
ALL OCCUPIED STRUCTURES WILL BE PROVIDED WITH CITY WATER AND SEWER.
THERE ARE MANY EXCEPTIONAL SPECIMEN TREES PRESENT ON THE SITE AS THEIR PROPERTY IS PART OF A FORMER GOLF COURSE, THE CITY SUBDIVISION CODE REQUIRES THE APPLICANT TO MAKE A CONCERTED EFFORT TO PRESERVE AS MANY OF THESE TREES AS POSSIBLE.
A TREE SURVEY WAS SUBMITTED SHOWING THE EXACT LOCATION, TYPE AND SIZE OF ALL TREES WITHIN IT WITH THE DIAMOND OF BREAST HEIGHT OF 18 INCHES OR MORE.
HOWEVER, AS PART OF THE CONSTRUCTION PLAN REVIEW, THE APPLICANT SHALL PROVIDE THE SURVEY
[01:05:01]
ATOP THE PRELIMINARY PLAN AND THE FINAL DRAINAGE PLANS TO DETERMINE WHERE EXISTING TREES MAY BE PRESERVED. THIS REQUIREMENT IS CONSISTENT WITH THAT OF THE FIRST THREE PHASES OF DEVELOPMENT. THE APPLICANT HAS RECEIVED A SCHOOL CAPACITY TERMINATION LETTER, WHICH IS INCLUDED IN THE PROJECT FILE, THE SCHOOL CAPACITY RESERVATION IS VALID FOR 24 MONTHS FROM THE DATE OF THE LETTER, WHICH IS APRIL 15, 2021.IF THE PROJECT HAS NOT RECEIVED CONSTRUCTION PLANNING APPROVAL FROM THE CITY BY THE STATE, THE APPLICANT MAY REQUEST THE TIME EXTENSION.
THE APPLICATION FOR SUCH SHALL BE SUBMITTED TO THE SCHOOL BOARD VIA THE CITY.
LASTLY, TECHNICAL STAFF REVIEW COMMENTS ARE ATTACHED TO THIS REPORT AND SHALL BE INCORPORATED INTO THE CONSTRUCTION DRAWINGS AND SUBDIVISION PLAN TO RECEIVE FINAL SUBDIVISION APPROVAL, THE APPROVAL MUST MEET THE REQUIREMENTS OF SECTION ONE EIGHTY FOUR POINT ZERO EIGHT OF THE PERMIT CODE OF ORDINANCES UPON REVIEW OF THE SUBMITTED MATERIALS, THE FINAL SUBDIVISION CLAUSES IN SUBSTANTIAL CONFORMANCE WITH THE APPLICABLE REQUIREMENTS OF THE SECTION. THE FOLLOWING ITEMS SHALL BE PROVIDED AND ADDRESSED PRIOR TO APPROVAL OF THE CONSTRUCTION PLANS AND THE SUBDIVISION PLAN CONDITION.
A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL CONDITION.
B ENVIRONMENTAL STUDY WITH A WETLAND AND ENDANGERED SPECIES ASSESSMENT SHALL BE SUBMITTED FOR REVIEW. I SEE AN FDA APPROVED REMEDIAL ACTION PLAN FOR MITIGATION OF SOIL CONTAMINANTS SHALL BE PROVIDED.
ITEM D KILKENNY COURT SHALL BE RENAMED TO EITHER STREET OR.
CONDITION E DURING THE PRELIMINARY SUBDIVISION PUBLIC HEARINGS, THE APPLICANT VOLUNTARILY AGREED THAT PRELIMINARY PARAMETER LOTS ABUTTING EXISTING PROPERTIES OUTSIDE COUNTRY COLLECTS ESTATES WILL BE RESTRICTED TO NO MORE THAN ONE STORY IN HEIGHT, AND THAT A SIX FOOT HIGH OBJECT FENCE WILL BE ERECTED ALONG THE COMMON PROPERTY LINE OF TWENTY ONE BLOCK ONE OR TWO PORTRAYAL OF OUR COUNTRY CLUB UNIT 10 PRIOR TO CONSTRUCTION OF THE CUL DE SAC ON KILLIAN DRIVE. THIS SHALL BE INCLUDED IN THE FINAL SUBDIVISION APPROVAL AND CONDITIONING. AS PART OF THE FINAL SUBDIVISION CONSTRUCTION PLAN REVIEW.
THE APPLICANT SHALL PROVIDE THE TREE SURVEY DATA ATOP THE PRELIMINARY PLAN AND FINAL DRAINAGE PLANS TO DETERMINE WHERE EXISTING SPECIMEN TREES MAY BE PRESERVED.
THAT RECOMMENDATION MOTION TO IMPROVE CASE FS1 2021, SUBJECT TO THE CONDITIONS LISTED IN THIS REPORT. WE HAPPY TO ANSWER ANY QUESTIONS BUT MAY HAVE THE OPINIONS.
REP IS IN ATTENDANCE OR HAVE ANY QUESTIONS FOR STAFF.
THANK YOU, PATRICK. THEY'RE MAKING IT EASY ON ME TONIGHT.
THE CHAIRMAN, MEMBERS OF THE BOARD.
MY NAME IS JACK SPIERER, FIVE TWO 05, BABCOCK STREET, PALM BAY, THREE TO NINE 05.
AND THIS THIS IS, OF COURSE, FOR FINAL SUBDIVISION APPROVAL.
THIS WAS BEFORE THIS BOARD IN 2024.
PRELIMINARY SUBDIVISION APPROVAL.
IT WAS APPROVED, ULTIMATELY WAS APPROVED BY THE CITY COUNCIL.
CERTAINLY WE ADOPT IN OUR PRESENTATION THE RECOMMENDATIONS OF THE STAFF WERE AGREED TO COMPLY WITH THEM. I WANT TO POINT OUT AND I THINK IF ANY OF YOU HAVE NOT HAD AN OPPORTUNITY TO VISIT THE SITE BECAUSE IT HAS BEEN UNDER CONSTRUCTION PHASE ONE AND TWO, I INVITE YOU TO DO THAT.
THE DEVELOPER HAS MADE A CONCERTED EFFORT TO PRESERVE SPECIMEN TREES, EVEN RESULTING IN VARIOUS PLOTS BEING ADMITTED.
AND I THINK THERE'S THERE'S A PARK AREAS WITHIN THAT AND THAT'LL BE CONTINUED THROUGHOUT THIS SUBDIVISION.
AS WE GO FORWARD, I'LL ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
AND CERTAINLY WE WILL AGREE TO STASS RECOMMENDATIONS OR HAVE ANY QUESTIONS FROM MR. SPIDER. THANK YOU, JEFF.
THANK YOU. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION? OR OPPOSED TO THIS APPLICATION.
COME TO THE PODIUM, PLEASE. HI, MY NAME IS MARIA WOLLAR AND I LIVE AT 77 SEYMOUR. I JUST WANT TO JUST SEE HOW IT'S GOING TO AFFECT OUR VISIBLE ACROSS THE HOUSES ARE GOING TO BE TO OUR LOCATION.
I'LL LET MR. SPIERER RESPOND TO THAT IF YOU'D LIKE.
HOW WILL IT AFFECT YOUR HOUSE, YOUR HOUSE IS THAT QUESTION WAS.
THIS IS SEYMOUR, WHERE WHERE WHERE'S YOUR HOUSE? I THINK IT'S THERE IT'S KIND OF HARD TO TELL.
OK, COULD YOU PUT THE PLAID UP THERE AGAIN? THAT'S WHERE. SO ARE YOU AND I'M.
[01:10:13]
I SAW YOU HAD SOMETHING YOU WANTED.AT THIS POINT, A CLOSED PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTIONAL.
MOTION TO APPROVE CASE FS1 20-20, ONE SUBJECT TO THE CONDITIONS LISTED IN THE REPORT MOTION ON THE SECOND, ANY FURTHER DISCUSSION? NONE. ALL IN FAVOR, SAY, I OPPOSE MOTION CARRIED UNANIMOUSLY.
THANK YOU, JACK. OR IN THIS CASE, PLEASE, CHRIS.
AND YOU'RE GOING TO PRESENT THE NEXT CASE, I WILL.
AND THEN PATRICK CAN ANSWER ANY QUESTIONS.
FIVE, TWENTY TWENTY TWO, TWENTY TWENTY ONE.
BACKGROUND, THE SUBJECT PROPERTY IS LOCATED NORTH OF AN ADJACENT TO PORT MALABAR BOULEVARD, NORTHEAST IN THE VICINITY BETWEEN CLAREMONT STREET NE AND SADNESS CIRCLE NORTHEAST, SPECIFICALLY TAX PASSELL 755.
RANGE 37 TO DIVIDE COUNTY, FLORIDA.
SUBJECT PROPERTY WAS BUILT IN 1973 AND SOLD TO THE CHURCH IN 1989.
THE CHURCH NO LONGER HAS USE FOR THE HOUSE AND IS SELLING IT TO THE APPLICANT ANALYSIS PER CHAPTER 183 COMPREHENSIVE PLAN REGULATIONS, SECTION ONE EIGHTY THREE POINT ZERO ONE BE. THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF LAND AND RESOURCES TO PROMOTE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.
ONE FUTURE LAND USE ELEMENT, COMPREHENSIVE PLAN FOR BLUE FUTURE LAND USE, ULTIMATE GOAL FOR YOU TO PROVIDE FOR AND MAINTAIN VIABLE NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENT TO MEET THE EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF PALM BAY.
SINGLE FAMILY RESIDENTIAL USE IS YOUR LAND USE CATEGORY ALLOWS FOR A MAXIMUM RESIDENTIAL DENSITY OF FIVE UNITS PER ACRE, WITH A RANGE OF ZERO TO FIVE UNITS PER ACRE.
TYPICAL USE IS PERMITTED INCLUDE SINGLE FAMILY HOMES, RECREATIONAL USES AND INSTITUTIONAL USES SUCH AS SCHOOLS, CHURCHES AND UTILITIES TO COASTAL MANAGEMENT ELEMENT.
SUBJECT PROPERTY IS NOT LOCATED WITHIN THE COASTAL MANAGEMENT AREA.
THREE CONSERVATION ELEMENT ENVIRONMENTAL CHARACTER OF THE CITY IS MAINTAINED THROUGH CONSERVATION, APPROPRIATE USE AND PROTECTION OF NATURAL RESOURCES.
SUBJECT PASSELL IS NOT LOCATED WITHIN ANY OF THE FLORIDA SCRUB JAY POLYGONS IDENTIFIED ON THE CITY'S HABITAT CONSERVATION PLAN.
NO ADDITIONAL LISTED SPECIES ARE KNOWN TO INHABIT THE SUBJECT'S PROPERTY.
ANY LISTED SPECIES IDENTIFIED ON THE SUBJECT PASSELL WOULD NEED TO BE MITIGATED FOR, AS REQUIRED BY THE STATE AND FEDERAL REGULATIONS FOR A COMPREHENSIVE PLAN POLICY.
RECREATION, SINGLE FAMILY, RESIDENTIAL USE DOES NOT HAVE MORE OF A DEMAND UPON PARKS AND RECREATION LEVEL OF SERVICE STANDARDS THAN PUBLIC SEMIPUBLIC USE OVER THE ONE HOME THAT IS CONSTRUCTED UPON THE PROPERTY AS A DE MINIMIS EFFECT ON RECREATION LEVEL OF SERVICE.
OR HOUSING ELEMENT PROPOSED TO USE AMENDMENT DOES NOT ADVERSELY IMPACT THE SUPPLY AND VARIETY OF SAFE, DECENT, ATTRACTIVE AND AFFORDABLE HOUSING WITHIN THE CITY.
INFRASTRUCTURE ELEMENT CITY EVALUATES PRESENT AND FUTURE WATER, SEWER DRAINAGE AND SOLID WASTE, ASSESSES THE ABILITY OF INFRASTRUCTURE NEEDED TO SUPPORT DEVELOPMENT.
UTILITIES COMMENT. THE VALUE CHANGE WILL NOT CAUSE THE LEVEL OF SERVICE TO FALL BELOW STANDARDS ADOPTED IN THE COMPREHENSIVE PLAN.
BUT THESE SERVICES FOR THE CURRENT PLANNING PERIOD.
CITY WATER AND SEWER ARE CURRENTLY CONNECTED TO THE PROPERTY DRAINAGE.
THE PROPERTY WAS DEVELOPED IN 1973 AND HAS APPROVED DRAINAGE PLAN FROM WHEN IT WAS BUILT.
SOLID WASTE, SOLID WASTE COLLECTION AS PROVIDED BY THE AREA TO THE AREA BY OUR PUBLIC SERVICES. SUFFICIENT CAPACITY EXISTS WITHIN BROWARD COUNTY LANDFILLS TO SERVICE THE PROPERTY. SIX INTERGOVERNMENTAL COORDINATION.
PUBLIC SCHOOLS, THE PROPOSED FUTURE LAND USE AMENDMENT, REQUESTED US TO ALLOW THE SITE TO BE USED FOR ONE SINGLE FAMILY HOME, THE PROPERTY USE WILL HAVE NO ADVERSE IMPACTS ON THE PUBLIC SCHOOL SYSTEM. SEVEN TRANSPORTATION ELEMENT.
THE OBJECTIVES OF THE COMPREHENSIVE PLANS.
TRANSPORTATION LIMITS PROVIDE A SAFE, BALANCED, EFFICIENT TRANSPORTATION SYSTEM THAT MAINTAINS THE ROADWAY LEVEL OF SERVICE AND ADEQUATELY SERVES THE NEEDS OF COMMUNITY STAFF. RECOMMENDATION IS CLASSIFIED AS 2021 AS RECOMMENDED FOR APPROVAL, SUBJECT TO THE STAFF COMMENTS. BUT THAT PATRICK CAN ANSWER ANY QUESTIONS.
WE OR HAVE ANY QUESTIONS FOR STAFF.
THANK YOU. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING AND ASK MR. PRIVATE TO COME TO THE PODIUM, PLEASE.
EVENING, RICHARD PRIBYL, THE APPLICANT I APPRECIATE THE STAFF REPORT THE RECOMMENDATION FOR APPROVAL, OF COURSE, AND ALL I WOULD ADD TO THAT IS I CONSIDER TO BE RATHER BLIGHTED AT THIS TIME. AND MUCH OF THE HOUSE IS IN ITS ORIGINAL CONDITION.
WITH YOUR APPROVAL, I WILL BE REFURBISHING THE HOUSE WITH NEW WINDOWS, NEW LANDSCAPING,
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ADDING IRRIGATION SYSTEM AND PUTTING IN GRASS AND THEN PERHAPS MIGHT BE OF HELP SINCE IT IS ACTUALLY ON THE MAIN ROAD THAT YOU CAN SEE FROM PORT MALABAR BOULEVARD.IT'S A BOARD, HAVE ANY QUESTIONS FOR THE APPLICANT? THANK YOU, MR. PRESIDENT. HAVE A SEAT.
YOU'LL BE BACK IN JUST A MINUTE. AT THIS POINT, OPEN PUBLIC HEARING IS ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OR OPPOSED TO THIS APPLICATION? AND HE'S COME TO THE PODIUM.
I'M ROSITA COTTON, I LIVE AT A13 SADNESS CIRCLE, DIRECTLY ACROSS THE CREEK FROM THE PROPERTY, AND I JUST WANT TO KNOW, ARE WE JUST NOW DISCUSSING ONLY THAT HOUSE AND THEN WE WILL BE DISCUSSING THE OTHER PROPERTY AFTER THIS IS THAT'S THE CASE, OK? AND I'M FINE.
AND I'M IN FAVOR OF THIS HOUSE.
THANK YOU. IS THERE ANYONE ELSE WHO WISHES TO SPEAK? NONE AT THIS POINT ARE CLOSE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION, PLEASE. MOTION TO APPROVE PXP FIVE TWENTY TWENTY ONE OBJECT TO THE STAFF COMMENTS.
AND A SECOND TO ANY FURTHER DISCUSSION, ALL IN FAVOR, SAY, I WILL OPPOSE THE MOTION CARRIES UNANIMOUSLY RECENTLY COMPANION ZONING CASE.
AND THE COMPANION CASE, FIVE, 20, 21 AFGHANS ARE REQUESTING A REZONING OF A SUBJECT PARCEL FROM IUE TO RS2 SINGLE FAMILY RESIDENTIAL.
BACKGROUND SUBJECT PROPERTY IS LOCATED NORTH OF AN ADJACENT TO FORT MALABAR BOULEVARD, NORTHEAST OF THE VICINITY BETWEEN CLAREMONT STREET NE, AND SAID THAT CIRCLE NORTHEAST TAX RAHZEL 755, SECTION 26, TOWNSHIP 28, RANGE 37, BROWARD COUNTY AND HOUSES BUILT IN 1973 AND SOLD TO THE CHURCH IN 1989.
ANALYSIS FOLLOWING ANALYSIS FOR CHAPTER 185 ZONING CODE SECTION ONE EIGHTY FIVE POINT TWO ZERO ONE C. WHICH STATES THAT ALL PROPOSED AMENDMENTS SHALL BE SUBMITTED TO THE PLANNING AND ZONING BOARD, WHICH SHALL STUDY SUCH PROPOSALS IN ACCORDANCE WITH ITEMS 134 OF SECTION 185 POINT TO ZERO ONE C ITEM ONE.
THE NEED AND JUSTIFICATION FOR THE CHANGE.
THE APPLICANT STATES THAT THE JUSTIFICATION FOR CHANGE IS TO CONTINUE THE USE AS A SINGLE FAMILY HOME, THE APPLICANT STATES THE INTENDED USE OF THE PROPERTY IS A MOVE IN AND USES HIS PERSONAL HOME ITEM TO WHEN PERTAINING TO THE REZONING OF THE LAND, THE EFFECT OF THE CHANGE, IF ANY, ON THE PARTICULAR PROPERTY AND ON THE SURROUNDING PROPERTIES DESIGNATION OF RS2 SINGLE FAMILY RESIDENTIAL DISTRICT.
THE SUBJECT PARCEL WOULD BE COMPATIBLE SURROUNDING AREA ITEM THREE WHEN PERTAINING TO THE REZONING OF LAND, THE AMOUNT OF UNDEVELOPED LAND IN THE GENERAL AREA AND OF THE CITY HAVING THE SAME CLASSIFICATION AS THAT REQUESTED APPROXIMATELY ONE POINT FORTY SEVEN ACRES OF VACANT SINGLE FAMILY ZONE.
LAND IS WITHIN A THIRD OF A MILE OF THE SUBJECT PARCEL ITEM FOR THE RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE PURPOSE OF THE CITY PLAN FOR THE DEVELOPMENT WITH APPROPRIATE CONSIDERATION CONSIDERATION AS TO WHETHER THE PROPOSED CHANGE WILL FURTHER THE PURPOSES OF THIS CHAPTER IN THE COMPREHENSIVE PLAN.
THOSE AMENDMENTS WILL FURTHER THE PURPOSES OF CHAPTER 25, THE COMPREHENSIVE PLAN STAFF RECOMMENDATION FIVE TO 2021 AS RECOMMENDED FOR APPROVAL BASED UPON THE ANALYSIS CONTAINED IN THIS REPORT. AND WITH THAT, PATRICK CAN ALSO ANSWER THE QUESTIONS.
THANK YOU, CHRIS WOULD HAVE ANY QUESTIONS FOR STAFF.
NO. WELL, YOU WANT TO COME TO THE PODIUM? SO I DON'T KNOW WHAT I COULD ADD FROM WHAT I'VE ALREADY DISCUSSED, JUST THAT, YOU KNOW, THIS IS THE THE COMPANION ZONING CASE.
YES, SIR. AND YOUR PREVIOUS COMMENTS WILL BE READ INTO THE RECORD.
OK. ANY QUESTIONS FOR MINGER? THANK YOU TO EVERYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OR OPPOSED TO THIS APPLICATION. I'LL CLOSE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A.
WHERE CAN I GET EMOTION, PLEASE? PROVES BY.
MOTION UNDERTAKEN, ANY FURTHER DISCUSSION.
NONE. ALL IN FAVOR, SAY, I ALL OPPOSE MOTION CARRIED UNANIMOUSLY AGAINST ALL, SAID OUR NEXT CASE, PATRICK.
EDUCATION AGENDA IS SEVEN, 20, 21.
SEVERAL PROPERTIES ARE LOCATED WEST OF TRIPOLI ROAD, SOUTHEAST IN WALSH AVENUE, SOUTH EAST AND VICINITY SOUTH OF TIPHANIE AVENUE, SOUTHEAST, SPECIFICALLY TRACKS G AND H PORT UNIT 18 IN SECTION TWENTY ONE THOUSAND TWENTY NINE, RANGE 37 BY CARIFORUM.
TRACK G AND H ARE PART OF PORTHMADOG 18 AND HAVE BEEN PLANTED SINCE 1961.
THE SUBJECT PROPERTIES WERE ORIGINALLY PART OR EXCUSE ORIGINALLY OWNED BY THE GENERAL
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DEVELOPMENT CORPORATION HAVE BEEN SOLD A TOTAL OF THREE TIMES FROM 1961 TO 2021.IN TERMS OF ANALYZING THE FUTURE LAND USE ELEMENTS, THE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE CATEGORY, WHICH IS WHAT'S BEING REQUESTED, ALLOWS FOR A MAXIMUM RESIDENTIAL DENSITY OF FIVE UNITS PER ACRE WITH A RANGE OF ZERO TO FIVE UNITS PER ACRE.
TYPICAL USES INCLUDE SINGLE FAMILY HOMES, RECREATIONAL USES IN INSTITUTIONAL USAGE AS SCHOOLS, CHURCHES AND UTILITIES.
THE APELIN INTENDS TO CONSTRUCT ONE SINGLE FAMILY HOME ON EACH TRACT OF LAND.
IT SHALL BE NONE OF THAT EITHER PARCEL MAY ONLY BE SPLIT ONE TIME WITHOUT HAVING TO FOLLOW THE CITY SUBDIVISION ORDINANCE.
ANY FURTHER SPLITS WILL REQUIRE COMPLIANCE AND ADMINISTRATIVE REVIEW SO THE PROPERTY IS NOT LOCATED WITHIN THE COASTAL MANAGEMENT AREA, NOR IS IT LOCATED UPON THE CITY'S HABITAT CONSERVATION PLAN, WHICH SHOWS WHERE THE FOREST GARBAGEY POLYGONS ARE.
NO OTHER ADDITIONAL SPECIES ARE KNOWN TO HAVE IT, IF ANY ARE DISCOVERED, THEY WILL NEED TO BE MITIGATED FOR THROUGH STATE, FEDERAL AND CITY REGULATIONS, RECREATIONAL SERVICE, CHANGING FROM THE UTILITIES AND RECREATION OPEN EXCUSE ME, RECREATION, OPEN SPACE AND UTILITIES, LAND USE TO SINGLE FAMILY WOULD IN THEORY HAVE AN EFFECT.
BUT BECAUSE THERE'S ONLY GOING TO BE TWO HOMES ALSO IN THE HOME, IT'S A VERY DE MINIMUS EFFECT WILL NOT FALL TO LEVELS TO FALL.
THE PROPOSED AMENDMENT DOES NOT EVENTUALLY IMPACT SUPPLYING VARIETY OF SAFE, DECENT, AFFORDABLE HOUSING IN THE CITY.
IN TERMS OF UTILITIES, THE UTILITIES LEVEL SERVICE WILL NOT FLOW FALL BELOW THE STANDARDS ADOPTED IN THE PLAN FOR JUST A COUPLE OF HOUSES.
THERE'S PLENTY OF ROOM IN THE LANDFILL DRAINAGE.
IF THIS IS TO BE APPROVED AND DEVELOPED, WHEN IT COMES TIME FOR THE BUILDING PERMITS, THEY'LL HAVE TO DESIGN THE DRAINAGE THAT FLOWS AWAY FROM THE HOUSE OUT TO THE NEARBY STREET, TYPICALLY THROUGH A AS WELL INTERGOVERNMENTAL COORDINATION ELEMENT OF SCHOOLS.
THIS PROPOSED AMENDMENT REQUEST TO ALLOW THE SITE TO BE USED FOR ONLY TWO HOMES.
THE PROPERTY USE WILL HAVE NO ADVERSE IMPACT ON THE PUBLIC SCHOOL SYSTEM TRANSPORTATION ELEMENT WITH JUST A FEW HOMES WITHIN THE STREET.
WE DO NOT FEEL THAT THAT'S GOING TO AFFECT THAT AS WELL.
STAFF RECOMMENDATION CP SEVEN TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL SUBJECT TO THESE DOCUMENTS. HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE OR HAVE ANY QUESTIONS FOR STAFF IN ONE PLACE.
SO, PATRICK, THIS WOULDN'T BE A MULTIPLE FAMILY DEVELOPMENT.
IT'S JUST SINGLE FAMILY HOMES.
THEY ARE REQUESTING SINGLE FAMILY LAND USE TO PUT ONE HOME ON EACH TRACT.
THANK YOU. ANY OTHER QUESTIONS? THANK YOU, PATRICK APALACHIN, PLEASE COME TO THE PODIUM, PLEASE.
I WOULD LIKE TO NOTE THAT THE ZONING IS ALREADY RS2, WHICH ALLOWS FOR SINGLE FAMILY, SO THIS LAND USE WOULD ALLOW THE LINKS IN THE ZONING TO BE CONSISTENT, COMPATIBLE AND ALLOW FOR SINGLE FAMILY HOMES AND.
HELLO, I'M ALLOWED ON THIS, SORRY.
MY NAME IS ASHLEY WOFFORD AND MY ADDRESS IS EIGHT MEADOW LAKE DRIVE, LAKE PLACID, FLORIDA. I'M HERE REPRESENTING EMARA J, THE LLC.
BEFORE I START, I WOULD LIKE TO THANK THE CITY PLANNING TEAM FOR THEIR STAFF ANALYSIS.
WE PURCHASED THESE PLOTS WITH INTENT TO POTENTIALLY BUILD A HOME THAT FITS INTO THE NEIGHBORHOOD AND COMMUNITY.
WE ARE REQUESTING A CHANGE OF THE FUTURE LAND USE DESIGNATION FOR BOTH LOTS TO SINGLE FAMILY RESIDENTIAL SO WE CAN ADD HOMES INTO THE PORT MALABAR NEIGHBORHOOD, THE CURRENT FUTURE LAND USE STATUS AS UTILITIES AND RECREATION AND OPEN SPACE.
AS NOTED IN THE STAFF REPORT, THE CITY OF PALM BAY ALREADY HAS A REQUISITE AMOUNT OF PUBLIC OWNERSHIP OF PARK DESIGNATED LAND TO ALLOW FOR THE FUTURE LAND USE CHANGE FOR THESE LOTS FROM RECREATIONAL TO SINGLE FAMILY RESIDENTIAL.
ADDITIONALLY, THIS FUTURE LAND USE AMENDMENT SHOULD NOT IMPACT THE SUPPLY AND VARIETY OF AFFORDABLE HOUSING IN THE CITY.
WE ARE HAPPY THAT THE STAFF REPORT CONCLUDED THAT THE NEW AMENDMENT WILL NOT ADVERSELY AFFECT UTILITY STANDARDS AND SOLID WASTE STANDARDS.
AND WE ACKNOWLEDGE THE NEED TO WORK WITH THE CITY ON A DRAINAGE PLAN IF THE EVALU AMENDMENT IS ACCEPTED.
WE ARE HAPPY THAT THERE WILL BE NO ADVERSE IMPACT ON THE PUBLIC SCHOOL SYSTEM.
WE HOPE TO BUILD A HOME THAT FITS THE COMMUNITY ON THESE LAND PARCELS AND OR HAVE THE OPTION TO SELL THE PARCELS TO SOMEONE IN THE COMMUNITY WHO WISHES TO BUILD HOMES.
THANK YOU FOR YOUR CONSIDERATION.
IT'S THE SUPPORT OF ANY QUESTIONS FROM MISS WALKER.
I ONE QUESTION, YOU'RE GOING TO BUILD ONE HOUSE ON TRACK EACH AND ONE HOUSE ON TRACK G, CORRECT? I BELIEVE THAT'S CORRECT, SIR.
YOU CAN BE SEATED. IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSE THE APPLICATION, SIR?
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OH, MY NAME IS STEVEN HAUGEN, WE LIVE AT MY WIFE AND I, KIMBERLY, ARE HERE, WE LIVE AT TWELVE FORTY SEVEN TRIPOLI, WHICH IS JUST AROUND THE CORNER THERE.I DID WANT TO BRING UP A COUPLE OF THINGS THAT OUR AREA IS ON WELL AND SEPTIC, I DON'T IT WAS MENTIONED THAT THERE WAS CITY WATER AND SEWER IN THERE UNLESS IT'S RIGHT ACROSS THE STREET FROM US AND WE DON'T KNOW WHAT.
AND THEN RIGHT ABOUT WHERE THE OPENING ON THE AH IS ON THE.
THE LOT TIP ON TIPHANIE ROAD, THERE IS A BALD EAGLES NEST THAT WAS RECENTLY AND IN USE MAY HAVE ALREADY BEEN.
ABANDONED DUE TO CONSTRUCTION JUST AROUND THE CORNER FROM THERE, WITHIN THE THE PERIMETER WHERE IT SHOULDN'T HAVE BEEN, BUT.
WITH ONLY TWO HOMES GOING IN, I'M NOT SURE I WOULD NECESSARILY OPPOSE THIS, SO I WAS CONCERNED THAT IF THERE WAS GOING TO BE, YOU KNOW, EIGHT HOMES GOING IN THERE OR SOMETHING. THANK YOU, SIR.
ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK? WE'LL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR MOTION.
MOTION TO APPROVE SEVEN 2021 WITH SUBJECT TO STAFF COMMENTS BACK IN MOTION AND A SECOND, ANY FURTHER DISCUSSION.
ALL IN FAVOR, SAY, I OPPOSED THE MOTION CARRIED UNANIMOUSLY.
FEEL, MISS WALKER, OUR NEXT CASE, PLEASE, MR. REEDLEY. GOOD EVENING, LARRY.
BRADLEY, GROWTH MANAGEMENT DIRECTOR, THIS IS CASE T8 DESH 2021.
IT'S A TEXT AMENDMENT TO THE BEMUSE OWNING DISTRICT.
SO THIS IS SECTION ONE EIGHTY FIVE POINT ZERO FIVE EIGHT.
BAYFRONT MIXED USE IN GOING TO MODIFY THE FOLLOWING SECTIONS, INTENT, PRINCIPAL USERS AND STRUCTURES. CONDITIONAL USE IS PROHIBITED, USES LOT AND STRUCTURE REQUIREMENTS.
THE GROWTH MANAGEMENT DEPARTMENTS PREPARE THIS TEXT TO ADDRESS ISSUES WITH THE BAMU DISTRICT TO MAKE IT EASIER FOR DEVELOPMENT TO OCCUR WITHIN THE DISTRICT.
PMU, AS CURRENTLY ADOPTED, WAS APPROVED IN 2015 PURSUANT TO ORDINANCE 2015 DESH 55, WHICH WAS APPROVED BY A VOTE OF FOUR TO ONE.
THERE WAS ONLY ONE MODIFICATION TO BE IMPOSED SINCE THE SINCE ITS CREATION IN FEBRUARY, WHICH WAS IN FEBRUARY 20 20 PERCENT.
ORDINANCE 2020 DESH 12 ORDINANCE 2020 DESH 12 MODIFIED THE CAN THE LIST OF CONDITIONAL USES AND INCREASED FROM THREE ACRES 10 ACRES, THE REQUIREMENT FOR A CONDITIONAL USE.
THE AMENDMENT ALSO ELIMINATED THE MINIMUM LIVING AREA FOR MULTIFAMILY UNITS AND REMOVED ONE OF THE SHARED PARKING PROVISIONS.
ON MARCH 21ST, 2021, THE BAYFRONT REDEVELOPMENT AGENCY REVIEWED THE CURRENT TEXT AMENDMENT, RECEIVE COMMENTS FROM THE PUBLIC AND ENDORSED PROCEEDING WITH THE PROPOSED AMENDMENT BY A VOTE OF SIX TO ONE ANALYSIS.
THE PROPOSED AMENDMENT CHANGES PROPOSES CHANGES TO SECTIONS A INTEN B PRINCIPLE USES D CONDITIONAL USES E PROHIBITED USES F STRUCTURE REQUIREMENTS.
HERE'S A SUMMARY OF THE CHANGES SECTION A INTENT ZOHN.
THE CHANGE TO THE SECTION ON THE INTENT REINFORCES A MAXIMUM OF EIGHTY FIVE PERCENT RESIDENTIAL WITHIN THE ZONE AND ELIMINATES COUNTING HOTEL UNITS AS RESIDENTIAL USES ALLOWS FOR THE PERCENTAGE OF MIX USED TO BE CALCULATED BY EITHER FLOOR AREA RATIO OR GROSS FOOTPRINT AND ELIMINATES THE RESTRICTION OF BAMU BEING APPLIED IN THE BAYFRONT VILLAGE AREA. SECTION B PRINCIPAL USES AND STRUCTURES CHANGES PRINCIPAL USES FROM SHARED STORMWATER FACILITY AND REPLACES SHARED STONEWARE FACILITIES WITH BREWPUBS AND OTHER DRINKING ESTABLISHMENTS.
S.D. CONDITIONAL USES THE REQUIREMENT FOR CONDITIONAL USE APPROVAL ON PREMISES WITH ALCOHOL ON PREMISES, ALCOHOL CONSUMPTION AND OUTDOOR TABLE SERVICE HAS BEEN ELIMINATED.
PUBLIC AND PRIVATE SCHOOLS HAVE BEEN ADDED TO THE LIST OF ALLOWABLE USES.
SECTION E PROHIBITED USES, WAREHOUSES AND SELF-STORAGE FACILITIES HAVE BEEN ADDED TO THE LIST OF PROHIBITED USES, SECTION F LOT AND STRUCTURE REQUIREMENTS.
IN ADDITION TO SOME MINOR WARNING CHANGES, THE FOLLOWING SPECIFIC REQUIREMENTS HAVE BEEN MODIFIED. ONE ADDITIONAL TEN FEET OF HEIGHT FOR CROSS ACCESS AND PEDESTRIAN FACILITIES HAS BEEN MODIFIED TO INCLUDE A PUBLIC SPACE OR MINUTI, WHICH COVERS A MINIMUM OF 10 PERCENT OF THE LOT AREA TO ADDITIONAL 10 FEET OF HEIGHT FOR SHARED STORMWATER FACILITIES MUST NOW BE RECORDED IN THE COUNTY LAND RECORDS.
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THREE BUILDINGS OVER FORTY FEET IN HEIGHT MUST BE SET A MINIMUM OF ONE HALF OF THE HEIGHT ON SIDE AND REAR PROPERTY LINES.ALSO TALLER BUILDINGS TALLER THAN FORTY FEET MUST BE STEP BACK A MINIMUM OF TWENTY FEET WHEN FACING SINGLE FAMILY RESIDENTIAL PROPERTIES FOR SHARED PARKING AND ACCESS AREA CHANGES INCLUDE A ONE FOOT INCREASE FROM FOUR TO FIVE FEET, FOUR OFF STREET PARKING SETBACKS AND ALL ON STREET PARKING ON ALL SIDES.
COUNTED TOWARDS PARK REQUIRED PARKING AND SHARED PARKING EASEMENTS MUST BE RECORDED WITH THE COUNTY CLERK OF COURTS.
NUMBER FIVE, THE DESIGN REQUIREMENTS NOW INCLUDED PARKING STRUCTURES MUST BE EITHER SCREENED WITH LANDSCAPING OR ACTIVE USES.
NUMBER SIX LANDSCAPING CHANGES NOW INCLUDE PEDESTRIAN LANDSCAPING AND A FIVE FOOT BUFFER.
INSTEAD OF A FOUR FOOT LANDSCAPER BUFFER, SEVEN SIDEWALKS MUST BE A MINIMUM OF FIVE FEET AND WIDTH, WHICH IS STANDARD THROUGHOUT PALM BAY.
AND EIGHT USE OF BARBED WIRE FENCES IS NOW ENTIRELY PROHIBITED.
ALL THE PROPOSED CHANGES ARE BEING MADE TO ENHANCE THE USES AND DESIGN STANDARDS OF THE DISTRICT THAT WILL ALLOW FOR BETTER PROJECTS WITHIN THE PMU AND A MORE EFFICIENT DESIGN CRITERIA. STAFF RECOMMENDATION STAFF RECOMMENDS APPROVAL OF THE PROPOSED CHANGES AS WRITTEN TO ENHANCE DEVELOPMENT WITHIN THE BAMU.
THAT'S THE SUMMARY OF THE REPORT AND I'M AVAILABLE FOR QUESTIONS.
HAVE ANY QUESTIONS FOR MR. BRADLEY? OK, THANK YOU.
AT THIS TIME, I'LL OPEN THE PUBLIC HEARING, IS ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OR OPPOSED TO THIS AMENDMENT? NONE OF IT WAS PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION.
WE'RE GOING TO GET A MOTION, PLEASE.
MOTION TO APPROVE TEE'D EIGHT, 2021.
EMOTION IN A SECOND, ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY, I ALL OPPOSED MOTION CARRIED UNANIMOUSLY, IF THERE IS NO OTHER BUSINESS, MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.