Sep 01, 2021 Planning and Zoning Board

[00:00:03]

OK, FOLKS, WE'RE GOING TO GO AHEAD AND GET STARTED.

[CALL TO ORDER]

EVERYONE, PLEASE RISE AND FACE THE FLAG.

LEADER, WILL LEADERS IN THE PLEDGE OF ALLEGIANCE? THE BLACK EYE STAYS.

THIS IS. ROCK.

UNDER WHAT YOU CALL A ROLL, PLEASE.

YES, MR. BOEREMA RESIDENT, MR. BOOTHROYD RESIDENT, MR. HILL, MR. HILL HAS ASKED TO BE EXCUSED.

MS. JORDAN RESIDENT.

MS. MARAJ PRESENT.

MR. WARNER HAS TO BE EXCUSED.

MR. WEINBERG OR OUR SCHOOL BOARD LIAISON, DAVID KARAFFA, IS EXCUSED AND BOARDED.

WHAT ATTORNEY DEPUTY CITY ATTORNEY JENNIFER COCKCROFT IS PRESENT.

WE DO HAVE A QUORUM. OK, THANK YOU, SEAN.

FIRST ORDER OF BUSINESS IS THE ADOPTION OF MINUTES FROM MARAGH AUGUST FOURTH MEETING.

[ADOPTION OF MINUTES]

I GOT A MOTION AND A SECOND ANY DISCUSSION.

NONE ALL IN FAVOR, SAY I OPPOSED MOTION CARRIES UNANIMOUSLY.

WELL, THE BENEFIT OF EVERYONE IN ATTENDANCE, THE PLANNING AND ZONING BOARD, IS AN

[ANNOUNCEMENTS: ]

ALL MEMBERS OF THE BOARD ARE UNPAID VOLUNTEERS APPOINTED BY THE CITY COUNCIL.

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. OR ALL PRECEDING PROCEEDINGS.

ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN OLD CARDS WHICH ARE LOCATED AT THE PODIUM. YOU PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.

AS A COURTESY, I ASKED THAT IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS, WERE INFORMALLY APPOINTED 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.

I WILL THEN CALL FOR A VOTE.

EXCISIONS 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.

OUR FIRST CASE, PLEASE, CHRIS.

[OLD/UNFINISHED BUSINESS]

THEY ABSOLUTELY.

OUR FIRST CASE TONIGHT IS F.T.

THIRTY, TWENTY, TWENTY ONE.

BACKGROUND, THE SUBJECT PROPERTY IS LOCATED SOUTH OF MARYLAND BOULEVARD, SOUTHEAST AND WEST OF BABCOCK STREET, SOUTHEAST, SPECIFICALLY A PORTION OF TAX PARCEL, FIVE HUNDRED FIVE AND ONE SECTION FOUR, TOWNSHIP 30 RANGE THIRTY SEVEN, AND PART OF TRACT 750 OF SAN SEBASTIAN FARMS, SECTION FIVE TOWNSHIP 30 RANGE THIRTY SEVEN.

BREVARD COUNTY, FLORIDA.

THIS FINAL REQUEST INCLUDES APPROXIMATELY ONE HUNDRED AND EIGHTY FIVE POINT SEVEN FOR SEVEN ACRES OF LAND.

IN 2004, THE SUBJECT PROPERTY WAS ANNEXED INTO THE CITY VIA ORDINANCE 2004, DASH THIRTY FIVE, TOTALING ONE THOUSAND ONE HUNDRED AND SIXTY SEVEN ACRES.

THE ORIGINAL FUTURE LAND USE AMENDMENT DESIGNATED ALL THE LANDS AS SINGLE FAMILY RESIDENTIAL USE.

THE ORDINANCE TWENTY FOUR DASH 52, WHICH STATED THAT 1800 UNITS COULD BE PLACED ON THE LANDS OF WATER STONE, A.K.A.

CYBERSPACE PRESERVE SITE SPECIFIC CONDITIONS WERE PLACED ON THE AMENDMENT VIA ORDINANCE 2004 DASH FORTY EIGHT.

BETWEEN 2005 AND 2018, A SERIES OF 37 FUTURE LAND USE MAP AMENDMENTS WERE MADE, BRINGING THE TOTAL UNITS ENTITLED TO TWO THOUSAND FIVE HUNDRED AND NINETY SIX, THE TOTAL ENCUMBERED REMAINING UNITS BY FINAL DEVELOPMENT PLAN.

WHAT ABOUT THIS CURRENT APPLICATION BEING COUNTED THAT ARE AS FOLLOWS ONE THOUSAND FIVE HUNDRED AND FORTY EIGHT UNITS ON THE WEST SIDE OF BABCOCK STREET AND THREE HUNDRED AND SIXTY TWO UNITS ON THE EAST SIDE OF BABCOCK STREET.

ANALYSIS THE APPLICANT IS REQUESTING FINAL DEVELOPMENT PLAN, FDA APPROVAL FOR A PLANNED UNIT DEVELOPMENT INSTRUCT A SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL SUBDIVISION CALLED

[00:05:05]

SPECIFICALLY, THE FDP PROPOSES A 446 UNIT SINGLE FAMILY DEVELOPMENT AND 124 TOWNHOME DEVELOPMENT THAT WE'VE CONSTRUCTED IN MULTIPLE PHASES, OR THE FDP AVARD LOCKS WITHIN THE RESIDENTIAL DEVELOPMENT ARE FIFTY FEET WIDE BY 125 FEET WIDE.

PROPOSED MINIMUM HOME SIZES ONE THOUSAND SIX HUNDRED SQUARE FEET, AND A MINIMUM SIZE TOWNHOME IS ONE THOUSAND FIVE HUNDRED SQUARE FEET.

THE DEVELOPMENT WILL CONSIST OF GATED ENTRANCES WITH TWO AMENITY CENTERS, EACH WITH ITS OWN POOL, PLAYGROUND, PASSIVE RECREATION AREAS, STORMWATER MANAGEMENT PONDS AND PRIVATE ROADWAYS. THE MASTER AMENITY CENTER WILL INCLUDE AN OVERSIZE POOL, ONE SLIDE WITH A FITNESS CENTER AND PICNIC SLASH PLAY AREAS.

MARAGH LOMAR BELLEGARDE WILL BE BUILT AND EXTENDED TO A NEW ROADWAY CALLED JURNEE DRIVE, WHICH WILL BE CONNECTED TO BABCOCK STREET, SOUTHEAST.

CONDITIONS IN ORDER TO RECEIVE FDA APPROVAL, THE PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION TWENTY FIVE POINT ZERO SIX.

SEVEN OF THE CITY OF PALM BAY IS KODOMO ORDINANCES ON REVIEW.

THE REQUEST APPEARS TO CONFORM WITH THE APPLICABLE REQUIREMENTS OF THE SECTION.

THE FINAL ITEM SHALL BE ADDRESSED UPON THE SUBMISSION OF THE ADMINISTRATIVE CONSTRUCTION PLANS. ONE FULLY ENGINEERED CONSTRUCTION DRAWINGS ITEM TO A SUBDIVISION PLANT, MEANING CHAPTER 177 ON THE FLOOR STATE STATUTE REQUIREMENTS AND THE TITLE OPINION THREE TECHNICAL COMMENTS GENERATED BY THE DEVELOPMENT RESTOCKS STAFF ATTACHED SHALL BE OBSERVED AND INCORPORATED INTO THE ENGINEERED CONSTRUCTION DRAWINGS.

OR MARILYN BOULEVARD RIGHT AWAY, DEDICATION AND JOURNEY DRIVE SHALL NOT BE ACCEPTED BY THE CITY OF PALM BAY FOR OPERATION AND MAINTENANCE UNTIL AND UNLESS THE DEVELOPER REQUESTS ACCEPTANCE TO THE PROCESS PROMULGATED IN CHAPTER 192 OF THE CITY OF HOMS, CODE OF ORDINANCES UPON COMMENCEMENT OF SUBPROCESS STAFF WILL DETERMINE IF THE ACCEPTANCE OF MARILENA BOULEVARD EXTENSION AND JOURNEY DRIVE WILL PROVIDE A PUBLIC BENEFIT AND THAT THE CURRENT CITY OF PALM BAY CONSTRUCTION STANDARDS ARE MEANT.

I'VE AN UPDATED TRAFFIC STUDY, INCLUDING TRAFFIC COUNTS OF CYPRESS BAY WEST PHASE TWO SHALL BE PROVIDED.

THIS IS TO FACILITATE THE DETERMINATION OF THE PROPORTION OF FAIR SHARE THAT MAY BE DUE FROM THE DEVELOPER TOWARDS THE TRAFFIC IMPACT IMPROVEMENTS AT ASSOCIATED SEGMENTS ALONG BABCOCK STREET. THESE WERE PREVIOUSLY RECOMMENDED IN THE 2017 WARNER STONE TRAFFIC IMPACT STUDY FOR THE TWENTY TWENTY FIVE BUILT OUT STAFF'S RECOMMENDATION.

CASE F.D.

THIRTY TWENTY TWENTY ONE IS RECOMMENDED APPROVAL SUBJECT TO STAFF COMMENTS IN IN THIS REPORT. I SAID I'D BE HAPPY TO ANSWER ANY QUESTIONS, AND THE APPLICANT IS IN ATTENDANCE.

OR HAVE ANY QUESTIONS FOR STAFF.

NONE. THANK YOU, CHRIS.

WILL TAKE THE LORD, PLEASE COME TO THE PODIUM.

THANK YOU, JAKE WISE, CIVIL ENGINEER FOR THE PROJECT.

THIS IS PHASE TWO FROM A MASTER PLAN THAT'S BEEN IN THE WORKS FOR A VERY LONG TIME.

PHASE ONE WAS UNANIMOUSLY APPROVED BY BOTH THIS BOARD AND BY COUNCIL STAFF, DID A GREAT JOB PRESENTING IT.

AND WHAT WE'RE LOOKING FOR RIGHT NOW IS FIVE HUNDRED AND SEVENTY TOTAL UNITS WITH ABOUT ONE HUNDRED AND TWENTY FOUR OF THEM TO BE TOWNHOMES AND THE REST TO BE SINGLE FAMILY.

OUR DENSITY IS ONLY ABOUT THREE UNITS PER ACRE ON THE WHOLE PROJECT, INCLUDING THE TOWNHOMES, AND WE'RE ALLOWED BETWEEN A MIX OF FIVE AND TEN.

SO IT'S NOT A REALLY HIGH INTENSITY PROJECT.

THIS PROJECT WILL LOOP MARAGH LOMA BOULEVARD ALL THE WAY DOWN TO THE SOUTH SIDE SO THAT RESIDENTS FROM THE EXISTING SUBDIVISIONS AND SOME OF THE OTHER PROJECTS THAT ARE UNDERWAY WILL HAVE THE ABILITY TO GO OUT TO THE MARAGH LOMA BABCOCK INTERSECTION BY THE SCHOOL TO THE NORTH, OR ALL THE WAY DOWN TO THE SOUTH END, WHERE THE PARKWAY AND BABCOCK CAN.

SO IT WILL BE A PRETTY SIGNIFICANT IMPROVEMENT FOR TRAFFIC FLOWS IN THIS WHOLE AREA AS WELL. WE DIDN'T HAVE ANY ATTENDEES AT OUR NEIGHBORHOOD MEETING.

AND AS WITH OUR OTHER SUBDIVISION PROJECTS IN THIS AREA, THE ROADS WILL BE BUILT, THE CITY STANDARDS, BUT PRIVATELY MAINTAINED.

THE UTILITIES WILL BE EXTENDED FOR BOTH WATER AND WASTEWATER.

THAT WILL BE THE CITIES. THERE IS A TRAFFIC SIGNAL THAT IS GOING IN AS PART OF A DIFFERENT PROJECT AT THE INTERSECTION OF MARAGH LOMA AND BABCOCK STREET.

SO THAT WILL BE OUT AHEAD OF THIS PROJECT.

SO THAT'S ANOTHER BENEFIT FOR THIS WHOLE AREA BEING MASTER PLAN.

[00:10:04]

THEY USE SOME PROJECTED NUMBERS.

NOW WE HAVE REAL NUMBERS WITH REAL TRIP COUNTS THAT WILL BE UPDATING THAT TRAFFIC STUDY.

WITH THAT BEING SAID, WE HAVE TO ANSWER ANY QUESTIONS YOU HAVE.

WE DO HAVE A DEVELOPER HERE AS WELL, AND WE DO AGREE WITH THE STAFF CONDITIONS.

AS I KNOW YOU'LL ASK ME ON THE ON ON THIS ONE AS WELL.

SO HAPPY. ANSWERING QUESTIONS YOU HAVE IS ABOUT HAVE ANY QUESTIONS FOR JAKE? I'VE JUST ONE QUICK QUESTION.

YOU KNOW, ME TOO WELL. THE QUESTION I WAS GOING TO ASK IS REGARDS TO MARAGH LOMA BOULEVARD AND JURNEE DRIVE.

IS IT THE INTENTION OF THE DEVELOPER TO DEDICATE THAT TO THE CITY OF PALM BAY IN NEAR FUTURE? IT IS, YES.

THERE'S A PROCESS WE GO THROUGH IN ORDER FOR THE CITY TO ACCEPT IT AS PUBLIC RIGHT OF WAY. SO WE WON'T BE ABLE TO START THAT PROCESS UNTIL AFTER IT'S BEEN CONSTRUCTED AND ALL THE TESTING AND AS FIELD SURVEYS HAVE BEEN COMPLETED.

BUT ULTIMATELY, THAT IS THE ANTICIPATION.

JAKE, YOU HAD MENTIONED THAT THAT SUBDIVISION WILL EXIT OUT ONTO THE PARKWAY, IS THE PARKWAY ACTUALLY BUILT BEYOND BABCOCK WEST? IT IS NOT. THIS PROJECT WOULD BE EXTENDING IT TO MARAGH LOMA BOULEVARD.

SO IT HAS THAT CONNECTION.

YEAH. ANY OTHER QUESTIONS? I DO. AGAIN, YOU MENTIONED THE TRAFFIC SIGNAL AT MARAGH LOMA.

WHAT ABOUT THE THE NEW INTERSECTION OVER THERE AT AT THE PARKWAY? THIS STUDY COMES BACK AND IT REQUIRES A LIKE BALTER THAT'S ACTUALLY BEING DONE BY THE CITY OF PALM BAY. IT'S A CONDITION OF THE COUNTY THAT REQUIRED THEM WHEN THE CITY TOOK OVER THE RIGHT OF WAY AND GOT A DRIVEWAY PERMIT FOR THAT INTERSECTION SO THAT THE COUNTY IS ALREADY WORKING ON THAT THROUGH THE CITY.

AND HERE ARE THE QUESTIONS. THANK YOU.

THANK YOU. ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED. BILL? MILVERTON 586 OCEAN SPRAY STREET, SOUTHWEST.

THEY'VE BEEN WORKING ON THIS PROJECT SINCE 2004, AND ACTUALLY THAT'S FROM THE ACTUAL DOCUMENTATION STARTED.

AND WE'RE NOW UP INTO 2021.

A LOT OF THINGS HAVE CHANGED IN OUR ENVIRONMENT IN THIS PART OF THE IN THIS PART OF THE CITY. SOME OF THE STUDIES THAT WERE DONE PRIOR TO THE END OF 2004 WERE STILL RELYING ON THAT. SOME OF THOSE STUDIES.

I KNOW IT'S AN EXPANSION IS POSSIBLY SLOWED THINGS DOWN.

POTENTIALLY WE SHOULD PROBABLY LOOK AT.

HOW IT'S IMPACTING IN 2021 INSTEAD OF 2004.

I. THE FIRST ONE AND PART OF THAT WOULD ALSO INCLUDE THE FACT THAT WHEN WE STARTED IN 2004 ON THESE, THAT THE.

NUMBER OF HOMES AND DEVELOPMENT WAS RIGHT AROUND 1500, BUT NOW WE'RE ALL ALMOST OVER 2000 HOMES THAT WE'RE MAKING A COMPARISON FROM EXPANSION OF THE POPULATION OF DENSITY.

I GREATLY APPRECIATE THE FACT THAT THEY'RE NOT PACKING IN MAXIMUM DENSITY.

THAT MAKES ME FEEL GOOD ABOUT ANY DEVELOPMENT LIKE THIS.

BUT IT'S STILL A HIGHER DENSITY THAN WHAT WAS ORIGINALLY PROPOSED WHEN THE CITY FIRST STARTED THIS PLANNING PROCESS, WHICH ALWAYS REVOLVED AROUND ST.

JOHN'S HERITAGE PARKWAY.

MULTIPLE DEVELOPERS AND EVERYTHING ELSE THAT WERE COMING IN TOGETHER AT THIS POINT, IT IS NOW. WE'RE MAKING JUDGMENTS AND DECISIONS BASED ON SOMETHING THAT IS POTENTIALLY OUTDATED. THAT'S THAT'S WHAT I'M GOING TO SAY ON THAT PART OF IT.

AND I LOOK BACK ON ANOTHER PART OF IT WHEN WE START LOOKING INTO THE HISTORY OF WATER STONE IN ITSELF.

I GUESS IT'S ON PAGE.

I'M NOT EVEN KNOW WHAT PAGES IN YOUR AGENDA, BUT IT COMES BACK DOWN.

THE CITY HAS MADE COMMITMENTS TO ASSURE FUTURE CAPABILITY THROUGH THE WASTEWATER PLANT EXPANSION. I WOULD LIKE SOMEBODY, IF THEY CAN, PLEASE TELL ME WHAT IS THE COMMITMENT THAT THE CITY HAS MADE FOR THE WASTEWATER EXPANSION TO ACCOMMODATE THE NEW GROWTH IN THAT AREA? AND WHAT WAS THE FUNDING SOURCE FOR THAT EXPANSION, IF THAT'S POSSIBLE? OH, WITH THAT BEING SAID, EVENTUALLY IT'S GOING TO BE A FANTASTIC AREA.

I'M NOT QUITE SURE HOW THEY'RE GOING TO BE ABLE TO CONNECT FROM THEIR DEVELOPMENT, CROSSING THE CANAL AND HEADING NORTH, BECAUSE AS IT STANDS RIGHT NOW, EVERY BIT OF TRAFFIC, EVERY SINGLE RESIDENT, EVERY SINGLE BUSINESS THAT'S A BIT OF CENTRALLY WILL BE BUILT IN THIS AREA WHEN THE COMMERCIAL DOES COME.

[00:15:04]

THERE IS ABSOLUTELY ZERO CAPABILITY FOR THEM TO BE ABLE TO GO NORTH AND SOUTH WITHOUT HAVING TO COME OUT ONTO BABCOCK.

AND IF THEY HAVE SOME PLANS ON HOW THEY'RE GOING TO SOLVE THAT PROBLEM, I'D LIKE TO BE ABLE TO HEAR THAT ALSO, IF I COULD, PLEASE.

THANK YOU. THANK YOU, BILL.

IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK? YEAH, OK, YOU HAD A QUIT, YOU WANT TO ASK ME A QUESTION? YEAH, BILL, JUST A QUICK QUESTION.

YOU DID JUST MENTION SOME OUTDATED REPORTING FROM 2004.

IS THERE SOMETHING IN PARTICULAR THAT YOU'RE YOU'RE SAYING ARE YOU JUST THIS PACK THAT REVOLVING ALL PHASES OF THE WATER STONE DEVELOPMENT? BECAUSE THERE BEEN USING FROM NOT ONLY WATER STONE, BUT THEY WERE PREVIOUS NAMES FROM ORGANIZATIONS AND DEVELOPERS THAT WERE IN THERE.

SO I CAN'T REALLY GO BACK TO THE IN SPECIFIC TIMES, BUT I CAN DEFINITELY GO BACK TO WHERE WE'VE HAD MEETINGS IN THE CITY OF PALM BAY, WHERE THEY'RE TRYING TO CITE WHERE WAS THE ST. JOHN'S HERITAGE PARKWAY GOING TO COME THROUGH, WHAT PIECE OF PROPERTY, WHERE IS THAT LINE GOING TO TIE INTO.

SO ALL OF THESE THINGS FOR PIDDY AND HE'S STUDYING THAT.

WE HAVE NOT DONE THAT.

DECISIONS ARE BEING MADE ON.

THAT'S THE NUMBER ONE.

WHERE WAS ST.

JOHN'S HERITAGE PARKWAY, WEST OF BABCOCK GOING TO BE? AND THOSE DECISIONS WERE WERE MADE.

WELL, NOW WE'RE IN 2020 21.

THAT'S THAT TO ME IS THE NUMBER ONE, IF WE COULD HAVE SOLVED THAT PROBLEM FROM THE BEGINNING. IT WOULD HAVE ALLEVIATED A LOT OF THE PROBLEMS WE'RE IN RIGHT NOW.

AND SO, YOU KNOW, I CAN'T SAY WHAT'S OUTDATED.

I WOULD SAY IF YOU'RE JUST LOOKING AT THE TRAFFIC STUDY FROM 2004 WHEN THEY STARTED THE TRAFFIC ON BABCOCK IS ENTIRELY DIFFERENT FROM WHEN THEY DID THAT STUDY TO WHERE THEY ARE NOW. GRANTED, IT SAYS THERE WILL BE A NEW STUDY, BUT WE'RE GRANTING GROWTH WITHOUT KNOWING WHAT THAT STUDY IS.

I'M NOT SAYING IT'S GOING TO BE A BAD THING OR A GOOD THING.

I'M JUST SAYING BY APPROVING, WE'RE SAYING YES WITHOUT HAVING THAT.

AND THOSE STUDIES WERE CONDUCTED FROM 2004.

SO THAT'S WHY I SAY IT'S OUTDATED.

HOW LONG DOES THAT STUDY RUN FOR? WELL, I'M LOOKING BACK AT SOME OF THEIR HISTORY.

AND THEY HAD STAW HAD FAILURE IN CONTRACTS WITH THE CITY OF PALM BAY EVEN AS RECENTLY AS 2018. SO THERE'S YOU KNOW, THERE I CAN'T SAY WHAT IT IS.

THAT'S WHY I HAVE STAFF AND A BOARD THAT YOU'RE EXPLAINING SOMETHING.

THANK YOU, BILL. JAKE, WOULD YOU LIKE TO RESPOND TO THAT, PLEASE? IT WAS TAKING DOWN NOTES OR TRY TO HIT ALL THE HOTSPOTS THERE.

WE'RE NOT RELYING ON ANY OLD DATA.

THIS PROJECT WAS FIRST STARTED IN 2004.

IT WAS DEVELOPED 05, 06, 07.

THAT PROJECT, LIKE SO MANY OTHERS, STOPPED.

AND SO MOVING FORWARD AS THE MARKET ALLOWED, WE'RE BACK WORKING THROUGH THE PROJECT.

WE HAVE HAD MORE MEETINGS THAN I CAN COUNT WITH THOSE NEIGHBORS, AND THEY'RE ALWAYS HAD A CONVERSATION WITH THEM AGAIN TONIGHT.

SO WE'VE BEEN OPENLY COMMUNICATING WITH THEM.

WE'VE WORKED THROUGH SOME OLD AGREEMENTS THAT WERE WRITTEN BACK THEN ON SHARED MAINTENANCE, AND WE HAVE WORKED THROUGH AND RESOLVED ALL OF THOSE.

SO THIS WAS ENVISIONED BACK IN 04 TO BE A MASTER PLAN COMMUNITY.

BUT IT HAS DEFINITELY EVOLVED AND BEEN UPDATED.

THE TRAFFIC STUDY I JUST MENTIONED WAS FROM 2017.

IT WAS BASED ON ANTICIPATED TRIPS ON THE PARKWAY, NOT THE PARKWAY HAS BEEN OPEN FOR A PERIOD OF TIME. WE ARE UPDATING THE STUDY WITH TRIPS.

WE'RE ACTUALLY ANTICIPATING THE TRIP COUNT TO GO DOWN FROM WHAT THEIR ANTICIPATED WAS.

BUT WE DON'T KNOW THAT FOR SURE UNTIL WE GET THERE.

SO THAT'S WHY THAT'S A CONDITION ON HERE.

I TALKED ABOUT THE ROUTE OF THE PARKWAY.

THERE'S CURRENTLY AN ACER STUDY THAT'S GOING ON RIGHT NOW.

IF YOU'RE NOT FAMILIAR WITH ASARE STUDIES, THEY'VE NARROWED IT DOWN TO FIVE DIFFERENT ROUTES. BUT IT KIND OF LOOKS LIKE THOSE STORM PREDICTORS WHEN THE STORMS FIRST, CAN NORTH AFRICA AGAINST EBOLA GOING OFF DIFFERENT DIRECTIONS? THEY'VE GOT IT NARROWED DOWN TO A FEW DIFFERENT ROUTES NOW, AND OUR PLANS ACCOMMODATE EVERY SINGLE ONE OF THOSE POTENTIAL ROUTES.

WE'VE WORKED VERY CLOSELY WITH THEM.

THIS IS A COUNTY AND CITY PARTNERSHIP DOING THOSE STUDIES.

SO WE'VE ACCOMMODATED EVERY SINGLE THING THAT HAS BEEN UPDATED THROUGH ALL THESE YEARS, ALL THE WAY TO WHAT THEY'RE DOING RIGHT NOW TODAY.

THE ENTIRE AREA IS ENTITLED TO ABOUT 2600 UNITS.

WE'RE HOVERING SOMEWHERE AROUND THE 1500 OR SO.

WE'RE NOT PACKING IT IN.

I ALREADY MENTIONED THE DENSITY EARLIER.

WE'RE DOING A REALLY WELL PLANNED GREAT MASTER DEVELOPMENT MEETING, TODAY'S MARKET

[00:20:02]

AND THAT'S WHY IT'S EVOLVED SO MUCH.

IF YOU LOOK AT SOME OF THE AMENITIES MENTIONED IN THE STAFF RIGHT UP, WE'RE LOOKING AT DOING HUGE CLUBHOUSES, LOTS OF JUST HIGH, GREAT AMENITIES FOR ALL THE RESIDENTS THAT ARE PART OF THESE PROJECTS, POCKET PARKS AROUND AS WELL.

SO IS BASED ON THIS MOMENT IN TIME THAT WE HAVE ALL THE LATEST INFORMATION ON.

BUT WHEN YOU HAVE PROJECTS OF THIS SIZE, THINGS COULD STILL CHANGE IN THE FUTURE.

WE'RE SEEING A LOT LESS COMMERCIAL, FOR EXAMPLE.

SO THINGS LIKE THAT COULD STILL CHANGE WITH THE MASTER PLAN.

AND SO THAT'S WHY WE MOVE FORWARD WITH WHAT WE HAVE NOW.

WE'RE NOT RELYING ON OLD DATA OR ANY OLD STUDIES AT ALL.

WE'RE HAVING ANY QUESTIONS FOR THE WEST UP.

YOU MENTIONED MULTIFAMILY.

WOULD IT BE IN THAT DEVELOPMENT? IS THAT LIKE DUPLEXES OR.

YEAH, WE HAVE ONE SMALL AREA WITH TOWNHOMES.

THEY CAN WALK TO THE BOARD. MARAGH LORD.

FOR. AND HERE ARE THE QUESTIONS I GOT.

YOU SAID THERE'S GOING TO BE A LOT LESS COMMERCIAL.

NO, NO, NO, NO. JUST SAYING THINGS CHANGE SO WELL.

WE HAVE A MASTER PLAN.

THINGS LIKE THE AMOUNT OF COMMERCIAL MIGHT BE DIFFERENT MOVING FORWARD THAT WE HAVE NOTHING COMMERCIAL AS FAR AS APPLICATION TONIGHT.

SO STRICTLY RESIDENTIAL BUILDER THROUGHOUT THE WHOLE.

IT IS NOT NO, WE HAVE WE HAVE A VARIETY OF BUILDERS WE WANT TO HAVE MAKE SURE WE HAVE A VARIETY OF DIFFERENT PRODUCTS THROUGHOUT.

AT LEAST FOUR HOMEBUILDERS AT THIS TIME ARE INVOLVED WITH DIFFERENT PROJECTS OUT HERE.

THE OTHER QUESTIONS. THANK YOU.

THANK YOU. ALL RIGHT, AT THIS TIME, I WILL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR MOTION. THE MOTION, PLEASE MOTION TO APPROVE OUR CASE.

F.D. DASH 30, DASH 20 21 WITH STAFF, WITH STAFF RECOMMENDATIONS, SECOND MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY I ALL OPPOSED MOTION CARRIES UNANIMOUSLY.

MOVING ON TO OUR FIRST CASE UNDER NEW BUSINESS.

[NEW BUSINESS]

PARDON ME, MR. CHAIRMAN.

YES. WOULD YOU PLEASE ANNOUNCE THE DATE FOR THE COUNCIL MEETING? WELL, YEAH, EXCUSE ME FOR THE THE FIRST CASE UNDER OLD BUSINESS.

WE JUST APPROVED F.T.

30 DAYS 2021.

THAT WILL APPEAR BEFORE CITY COUNCIL ON SEPTEMBER 16TH.

SOME PLACES WHERE HIS BACKGROUND, THE PROPERTY CONSISTS OF FIVE STANDARD GENERAL DEVELOPMENT CORPORATION LOTS.

A TOTAL OF 250 FEET AND A DEPTH OF 180 POINT ZERO EIGHT FEET.

THE PROPERTY HAS BEEN OWNED BY THE APPLICANT SINCE 1995.

THE APPLICANTS NOW SEEK TO CONSTRUCT A 55 FOOT BY 25 FOOT DETACHED GARAGE ADJACENT TO THE PROPERTY. THIS PROPOSED GARAGE IS 1375 SQUARE FEET, WHICH IS SIX HUNDRED AND THIRTY EIGHT SQUARE FEET LARGER THAN WAS ALLOWED BY CODE ANALYSIS.

VARIANCES FROM THE TERMS OF THE LAND DEVELOPMENT CODE MAY BE GRANTED WHEN SPECIAL CONDITIONS EXIST. THAT WOULD RESULT IN UNNECESSARY HARDSHIP IF THE PROVISIONS OF THE LAND DEVELOPMENT CODE WERE ENFORCED.

HOWEVER, A VARIANCE MAY NOT BE GRANTED WHEN THE PUBLIC HEALTH AND SAFETY WOULD BE COMPROMISED OR AS A RESULT OF THE VARIANCE APPLICATION MUST DEMONSTRATE THAT ITEMS ONE THROUGH SEVEN OF SECTION 169 POINT ZERO ZERO NINE OF THE CODE OF ORDINANCES HAVE BEEN MET OR VIEW OF THESE ITEMS IS AS FOLLOWS.

ITEM ONE. SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ARE PECULIAR TO THE LAND STRUCTURE OR BUILDING INVOLVED, AND WHICH ARE NOT APPLICABLE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION.

THE APPLICANTS HAVE STATED THAT THEY WOULD LIKE A FOUR CAR GARAGE TO NEATLY HOUSE OUR CARS AND OTHER ITEMS. WE HAVE ONE POINT ONE SEVEN ACRES, SO WE HAVE PLENTY OF LAND TO HAVE THE BUILDING ON IT AND PLACED TREES AROUND IT TO BLEND IT IN.

BASED ON THE PLANS PROVIDED, THE FOUR CAR GARAGE WOULD BE A PLACED ADJACENT TO THE HOME.

NO DRIVEWAY AS SHOWN IN THE PROPOSED PLAN.

IF APPROVED, THE PROPERTY OWNER WILL NEED TO IDENTIFY THE DRIVEWAY ACCESS WHEN THE BUILDING PERMIT IS APPLIED FOR HOME HAS AN AIR CONDITIONED FOR AREA OF NINE HUNDRED AND TWENTY FOUR SQUARE FEET WITH AN ATTACHED ONE CAR GARAGE.

ALSO ON THE PROPERTY IS A SCREEN POOL ENCLOSURE AND A SHED.

THE EXISTING SHED IS ONE HUNDRED EIGHTY SEVEN POINT TWO SQUARE FEET, ONLY ALLOWING A REMAINING 737 SQUARE FEET FOR AN ADDITIONAL ACCESSORY STRUCTURES.

PROPOSED STRUCTURE IS THIRTY EIGHT SQUARE FEET LARGER THAN THE ALLOWED SEVEN HUNDRED THIRTY EIGHT SQUARE FEET AT A TOTAL OF ONE THOUSAND THREE HUNDRED SEVENTY FIVE SQUARE FEET. DESIRED ADDITION IS AN EXCESS EXCESS OF WHAT IS STANDARD IN THE COMMUNITY AND IS

[00:25:01]

ITEM TWO, SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED ITEM ON ABOVE ARE NOT THE RESULT, THE ACTIONS OF THE APPLICANT.

THERE ARE NO SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED IN THE NEED OF THE VARIANCE AS A RESULT OF THE ACTIONS OF THE APPLICANT.

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.

THE TERMS OF THE LDC WOULD WORK UNNECESSARY AND UNDUE HARDSHIP ON THE APPLICANT.

LITERAL INTERPRETATION AND ENFORCEMENT OF THE LDC WOULD REQUIRE THE APPLICANT TO BUILD WITHIN THE APPLICABLE ACCESSORY STRUCTURE REQUIREMENTS BUILDING WITHIN THE REQUIRED SET BACKS WOULD ONLY ALLOW FOR A GARAGE EDITION OF SEVEN HUNDRED SEVEN SQUARE FEET, WHICH IS NOT WHAT THE APPLICANTS DESIRE REFERENCE.

A STANDARD TO CAR GARAGE IS FOUR HUNDRED SQUARE FEET.

ITEM FOR THE VARIANCE, IF GRANTED, IS THE MINIMUM VARIANCE NECESSARY TO MAKE POSSIBLE THE REASONABLE USE, THE LAND BUILDING OR STRUCTURE 638 SQUARE FEET SQUARE FOOT VARIANCE WOULD BE NEEDED TO MEET THE APPLICANT'S REQUEST.

ITEM FIVE GRANTING OF THE VARIANCE REQUEST WILL NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVILEGE THAT IS DENIED BY THE DELMONT CODE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME LANDS CATEGORY, ZONING DISTRICT OR SITUATION.

GRANTING OF THE VARIANCE WOULD CONFER UPON THE APPLICANT A SPECIAL PRIVILEGE FOR THE SETBACK, OR LEAVE AS A SAME TWO ELEMENT STANDARDS APPLY TO OTHER PROPERTIES IN THIS COMMUNITY. ENCROACHMENT, HOWEVER, DOES NOT APPEAR TO CREATE ANY HEALTH OR SAFETY HAZARDS ADJACENT PROPERTIES.

ITEM SIX THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THIS CODE AND NOT INJURIOUS TO THE SURROUNDING PROPERTIES ARE DETRIMENTAL TO THE PUBLIC WELFARE. STAFF HAS NOT IDENTIFIED ANY DETRIMENTAL EFFECT TO PUBLIC WELFARE.

ITEM SEVEN THE VARIANCE REPRESENTS A REASONABLE DISPOSITION OF A CLAIM BROUGHT UNDER THE OF HARRIS PRIVATE PROPERTY RIGHTS PROTECTION ACT CHAPTER NINETY FIVE DASH ONE EIGHT ONE LAWS OF FLORIDA A DEVELOPMENT ORDER OF THE CITY IS REASONABLY BURDENED APPLICANT PROPERTY BASED ON RECOMMENDATIONS OF THE SPECIAL MASTER APPOINTED IN ACCORDANCE THE ACT OR ORDER OF A COURT AS DESCRIBED IN THE ACT.

STAFF HAS NOT RECEIVED A CLAIM MADE UP ON THE PROPERTY WITH RESPECT TO BREACH OF HARRIS ACT. NOTE THE APPLICANT IS NOT SPECIFIED.

THE BUILDING MATERIAL TO BE UTILIZED FOR CONSTRUCTION OF THE SUCCESS RESTRUCTURE.

SHOULD THE APPLICANT CHOOSE MEDAL, THEY MUST COMPLY WITH REQUIREMENTS OF 185 POINT ONE EIGHT EIGHT G SIMULATING NONMETAL CONSTRUCTION, UTILIZING TEXTURED CODING OR PAINTING THE GARAGE TO MATCH THE COLOR SCHEME OF THE HOME SHOULD BE INCLUDED AS A CONDITION OF APPROVAL MEDALIST, CHOSEN AS THE BUILDING MATERIAL STAFF RECOMMENDATION PLANNING AND ZONING BOARD MUST DETERMINE, BASED ON THE FACTS PRESENTED TO WHAT DEGREE, IF ANY, MINIMAL RELIEF IS REQUIRED TO MEET THE NEEDS OF THE VARIANCE BEING REQUESTED AS REQUIRED UNDER SECTION 169 POINT ZERO ZERO NINE.

CITY OF PALM BAY CODE OF ORDINANCES.

WITH THAT, I CAN ANSWER ANY QUESTIONS.

IS THE BOARD HAVE ANY QUESTIONS FOR STAFF? AN UNRULY APPLICANT, PLEASE COME TO THE PODIUM.

OK. AM I TO MILLER? MY HUSBAND IS OUT IN THE PARKING LOT.

WE WOULD LIKE TO HAVE A VARIANCE FOR FOUR CAR GARAGE DETACHED GARAGE.

WE HAVE ONE POINT SEVENTEEN ACRES.

WE'VE WORKED VERY HARD, WE'VE LIVED IN THAT HOUSE FOR 35 YEARS.

THAT WOULD BE.

THE GRAND WAY TO FINISH OFF OUR HOUSE, WE HAVE LOOK FORWARD TO THIS FOR A LONG TIME, WORKED VERY HARD FOR IT.

YOU KNOW, WE JUST THIS IS SOMETHING WE HAVE WANTED FOR A LONG TIME.

WE HAVE. CARS RIGHT NOW WHERE WE WOULD LOVE TO BE ABLE TO ACTUALLY PUT THEM INTO A GARAGE INSTEAD OF HAVE THEM OUT AND ABOUT, AND IT JUST MEANS A LOT TO US TO HAVE THIS VARIANCE SO THAT WE CAN NEATLY HOWL'S OUR PRECIOUS VEHICLES.

DOES THE BOARD HAVE ANY QUESTIONS FOR MRS. MILLER? ARE YOU GOING TO TRY TO PAINT OR TEXTURE THE GARAGE TO MATCH THE HOUSE? NO. NOW, RIGHT NOW, WE'RE LOOKING AT DIFFERENT OPTIONS OF GARAGES.

I KNOW THAT THERE ARE MANY BUILDERS.

SO WE'RE STILL WITH ALL THESE MEETINGS GOING ON.

WE'RE STILL LOOKING AT THE BUILDERS WE'RE LOOKING AT.

MAYBE METAL STRUCTURE, BUT WE'RE STILL IN THAT PHASE, AS LONG AS THESE MEETINGS ARE TAKING PLACE, WE DON'T WANT TO, YOU KNOW, PUT THE CART BEFORE THE HORSE.

AND I HAD TAKEN A LOOK AT THAT LOT.

YOU GOT PLENTY OF TREES.

SO IT'S GOING TO BE BURIED IN THOSE TREES.

SO IT WOULDN'T BE SO VISIBLE FROM THE STREET.

WE DON'T HAVE ANY TREES ANYMORE BECAUSE WE HAD TO HAVE WE HAD TO CLEAR THE LOT.

WE WEREN'T SURE WHERE THE GARAGE WAS GOING TO GO.

SO AT ONE TIME, WE HAD THE LOCK CLEARED AND.

[00:30:02]

IT WILL NOT BE AN EYESORE.

THAT IS SOMETHING THAT NOW.

GOING TO BLEND IN, IT'S NOT GOING TO BE THIS HUGE MONSTROSITY OUT ON.

VALENCIA STREET, OK.

YEAH, IT LOOKED ON GOOGLE EARTH, BUT IT MUST BE REALLY OUT OF DATE.

OKAY, THANK YOU.

AND ANY OTHER QUESTIONS? BUT YOU'VE HAVE YOU SEEN AT THE RECOMMENDATION FROM STAFF IF IT IS METAL? AND ARE YOU ABLE TO COMPLY WITH THAT? YES. WE WILL, YES.

AS IT DOES, IT DOES SAY TEXTURIZE COATING, PAINT THE GARAGE TO MATCH THE COLOR SCHEME OF THE HOME. THEY SHOULD BE INCLUDED AS A CONDITION IF IT'S METAL.

YES, IN FACT, MANY OF THE GARAGE BUILDERS THAT HAVE THESE METAL BUILDINGS, THEY ACTUALLY HAVE A SPECIAL PAINT THAT YOU CAN PUT IT, NOT PUT ON THE METAL BUILDING TO MATCH YOUR HOUSE. SO THAT'S THAT'S SOMETHING NEW WHILE WE'VE BEEN LOOKING AT THE BUILDINGS AND THE DIFFERENT BUILDERS. IT IS SOMETHING KNOW SOMETHING WE'VE BEEN LOOKING AT.

BUT, YES, WE WILL MAKE SURE THAT IT'S NOT GOING TO BE AN OUTLANDISH THING THAT'S OUT IN THE MIDDLE OF THIS. OVER AN ACRE OF LAND WHERE PEOPLE JUST SEE, I DON'T KNOW, MAYBE ORANGE. NO, WE'RE NOT GOING TO DO THAT NOW.

NOW IT WILL BE ALL THE CONDITIONS WILL BE MET.

ANY OTHER QUESTIONS? I HAVE A QUESTION DRIVEWAY, WHERE DO YOU INTEND TO HAVE THE DRIVEWAY LOCATED? WE'LL BE OFF OF VALENCIA.

WELL, WHAT WE WERE LOOKING AT DOING IS HAVING THE DRIVEWAY OFF OF OUR DRIVEWAY.

WE ALREADY HAVE LIKE WE HAVE A DRIVEWAY WHERE WE PARK OUR CARS RIGHT NOW.

BUT WE WOULD LIKE THAT DRIVEWAY UP TO THE TWO.

THE OTHER ONE, SO IT WILL NOT GO ON TO VALENCIA.

WE'LL HAVE AN ADDITIONAL DRIVEWAY CONNECTING EXACTLY THAT ANSWERS MY QUESTION.

OK. ANY OTHER QUESTIONS? OK, THANK YOU, MRS. MILLER.

OK. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED TO THIS APPLICATION? NONE. I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION.

I GET EMOTIONAL, PLEASE. MOTION TO APPROVE THE DASHED 31 2020 SUBJECTED TO STAFF CONDITION IF THE BUILDING IS A METAL ICON.

IT'S ONE CORRECTION.

IT'S V 13 2021, NOT 2020.

ALL RIGHT. WE HAVE A MOTION AND A SECOND ANY FURTHER COMMENTS? ALL IN FAVOR, SAY I AM ALL OPPOSED, MOTION CARRIES UNANIMOUSLY.

OUR NEXT CASE, PLEASE, CHRIS.

THE ONLY POINT. OUR NEXT CASE IS PD 32, 20, 21.

SUBJECT PROPERTIES LOCATED WEST OF THE CURRENT TERMINUS OF MOUNT MARAGH LOMA BOULEVARD, SOUTHEAST, WHICH IS WEST OF BABCOCK STREET, SOUTHEAST, SPECIFICALLY A PORTION OF TACT PARCEL FIVE HUNDRED OF SECTION FOUR TOWNSHIP 30 RANGE THIRTY SEVEN AND TRACTS 750 AND 752, AND PART OF ONE PART OF LAWT, ONE OF SAN SEBASTIAN FARMS SECTION FIVE TOWNSHIP 30 RANGE 37 BREVARD COUNTY, FLORIDA.

THIS PULMONARY PUDI REQUEST INCLUDES APPROXIMATELY ONE HUNDRED NINETY POINT TO EIGHT ACRES OF LAND.

IN 2004, THE SUBJECT PROPERTY WAS ANNEXED INTO THE CITY VIA ORDINANCE, 2004, DASH THIRTY FIVE, TOTALING ONE THOUSAND ONE HUNDRED AND SIXTY SEVEN ACRES.

THE ORIGINAL FEATURE LAND USE THEM AS AN AMENDMENT DESIGNATED ALL THE LANDS A SINGLE FAMILY RESIDENTIAL USE VIA ORDINANCE 2004 DASH 52, WHICH STATED THAT 1800 UNITS COULD BE PLACED ON THE LANDS OF WATER STONE, WHICH INCLUDES CYPRESS BAY PRESERVE SITE SPECIFIC CONDITIONS WERE PLACED ON THE AMENDMENT VIA ORDINANCE TWENTY FOUR DASH FORTY EIGHT BETWEEN 2005 AND 2018, A SERIES OF THIRTY SEVEN IN FUTURE LAND USE MAP AMENDMENT.

IT'S ENTITLED TO TWO THOUSAND FIVE HUNDRED AND NINETY SIX.

THE TOTAL ENCUMBERED REMAINING UNITS BY THE FINAL PLAN DEVELOPMENT WON OUT.

THIS CURRENT APPLICATION BEING COUNTED ARE AS FOLLOWS ONE THOUSAND FIVE HUNDRED AND FORTY EIGHT UNITS ON THE WEST SIDE OF BABCOCK STREET AND THREE HUNDRED AND SIXTY TWO UNITS ON THE EAST SIDE OF BABCOCK STREET.

[00:35:01]

SPECIFICALLY, THIS PDP PROPOSES A FIVE HUNDRED AND FORTY FOUR UNIT SINGLE FAMILY DEVELOPMENT THAT WILL BE CONSTRUCTED IN MULTIPLE PHASES PER THE PDP AVERAGE.

LOTS WITHIN THE RESIDENTIAL DEVELOPMENT ARE FIFTY FEET WIDE BY 125 FEET AND SIXTY FEET WIDE BY ONE. TWENTY FIVE FEET WIDE.

THE PROPOSED MINIMUM HOME SIZE IS ONE THOUSAND SIX HUNDRED SQUARE FEET.

THERE WILL BE TWO ACCESS POINTS OFF THE NEWLY EXTENDED MARAGH LOMA BOULEVARD INTO THIS PHASE. THE DEVELOPMENT WILL CONSIST OF TWO RECREATION AREAS STORMWATER MANAGEMENT PONDS AND PRIVATE ROADWAYS.

AN OPEN SPACE TRACT L1 WILL BE CREATED THAT COULD ALLOW FOR THE EXTENSIVE JOURNEY DRY IF NEEDED IN THE FUTURE CONDITIONS.

IN ORDER TO RECEIVE PRELIMINARY PLANNING AND DEVELOPMENT APPROVAL, THE PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION WARNER FIVE POINT ZERO SIX SIX OF THE CITY OF PALM BAY CODE OF ORDINANCES. UPON THE REVIEW, IT APPEARS THAT THE REQUEST IS IN CONFORMANCE WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION.

SUBJECT TO THE FOLLOWING ITEMS BEING SUBMITTED WITH A FINAL EUDY APPLICATION, ONE PALM BAY SUBDIVISION PLAT AND TITLE OPINION TO ADD RESTRICTIONS ESTABLISHING DEVELOPMENT STANDARDS. BOTH RECREATION AREAS WILL NEED TO BE DEFINED ON THE FDP, A DETAILED DRAWING OF THE ELEVATIONS AND ARCHITECTURAL CONSTRUCTION OF THE AMENITY BUILDINGS PROVIDED FOR A SCHOOL CONCURRENCY DETERMINATION LETTER FROM BOVARD COUNTY SCHOOLS.

I'VE UPDATED TRAFFIC STUDY, INCLUDING TRAFFIC COUNTS.

RECIFE'S SPREY WAS PHASE THREE SHALL BE PROVIDED.

THIS IS TO FACILITATE A DETERMINATION OF THE PORTION OF FAIRSHARE THAT MAY BE DUE FROM THE DEVELOPER TOWARDS THE TRAFFIC IMPACT, IMPROVEMENTS AND ASSOCIATED SEGMENTS ALONG BABCOCK STREET. THESE WERE PREVIOUSLY RECOMMENDED IN THE TWENTY SEVENTEEN WATERSTONE'S TRAFFIC IMPACT STUDY FOR THE TWENTY TWENTY FIVE BAILED OUT TAKES THE TECHNICAL COMMENTS GENERATED BY THE DEVELOPMENT RWU STAFF ATTACHED SHALL BE OBSERVED AND INCORPORATED INTO THE FDP AND CONSTRUCTION DRAWINGS.

THAT'S OUR FOUNDATION CASE PIDDY.

THIRTY TWO TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL, SUBJECT TO STAFF COMMENTS CONTAINED IN THIS REPORT.

THAT BEING SAID, I'D BE HAPPY TO ANSWER ANY QUESTIONS.

THE APPLICANT IS IN ATTENDANCE.

IS A HAVE ANY QUESTIONS FOR STAFF? THANK YOU, CHRIS. HEY.

THANK YOU. JAKE WEISS, CIVIL ENGINEER FOR THE PROJECT.

THIS IS PHASE THREE WITH A PRELIMINARY DEVELOPMENT PLAN.

AND WHAT YOU JUST APPROVED IN THE FIRST AGENDA ITEM TONIGHT IS PHASE TWO WITH THE FINAL DEVELOPMENT PLAN. SO THIS WOULD BE THE LOGICAL NEXT PHASE AS PART OF THE SAME OVERALL MASTER PLAN. IN THIS PARTICULAR CASE, WE'RE LOOKING AT A TOTAL OF FIVE HUNDRED FORTY FOUR LOTS, ALL SINGLE FAMILY.

A MIX OF DIFFERENT LOT SIZES, THOUGH WE PROVIDE, AGAIN, A LOT OF DIFFERENT AMENITIES.

A COUPLE OF MORE PARKS IN THIS ONE.

AND WITH THESE THREE PHASES, THEY'RE ALL HAVE THE ABILITY TO SHARE THE AMENITIES AS WELL THROUGHOUT THE THE DIFFERENT PHASES, IF THAT'S THE DESIRE.

THIS PARTICULAR PROJECT HAS EVEN LESS DENSITY, LESS THAN THREE UNITS PER ACRE.

AND AS I MENTIONED EARLIER, PHASE ONE WAS APPROVED BY THIS BOARD AND UNANIMOUSLY BY CITY COUNCIL. PHASE TWO IS THE ONE THAT YOU JUST HEARD.

AND THEN THIS WOULD BE THE NEXT PHASE.

AS WITH THE OTHER PHASES, THE ROADS WILL BE BUILT.

CITY STANDARDS, THE CITY UTILITIES WILL BE EXTENDED, BUT THE ROADWAYS WOULD BE MAINTAINED PRIVATELY. THE CONDITION OF THIS PROJECT IS VERY SIMILAR TO THE LAST ONE WITH THE UPDATED TRAFFIC STUDY THAT'S ALSO UNDERWAY.

WE DO AGREE WITH THE CONDITIONS OF APPROVAL, BUT THERE'S A COUPLE OF STAFF COMMENTS THAT WE SPOKE WITH STAFF BEFORE THE MEETING ON THAT DON'T REALLY APPLY TO THIS PROJECT.

AND THEY AGREED WITH US THAT IT DIDN'T.

AND THAT WAS THE FIRST PUBLIC WORKS COMMENT UNDER DRIVEWAY SLASH RIGHT OF WAY.

IT IDENTIFIES SIDEWALK EXTENSIONS TO THE SOUTH AND WESTERN LIMITS.

THEY HAD MISTAKENLY THOUGHT THAT THE EXTENSION OF THE PARKWAY WOULD BE PART OF THIS PROJECT IS NOT BECAUSE OF WHAT WE DISCUSSED EARLIER, THAT THOSE ROOTS HAVE NOT BEEN DETERMINED YET. SO THEY WERE THROWING THAT COMMENT.

AND THEN THE BOTTOM VERY LAST COMMENT ON THE FIRST PAGE OF TECHNICAL COMMENTS UNDER

[00:40:03]

IT IDENTIFIES ALL ROADWAY IMPROVEMENTS.

A DRIVEWAY SHALL BE PER CITY, PUBLIC WORKS MANUAL REQUIREMENTS, TURNLEY DIMENSIONS ASSOCIATED WITH CYPRESS BAY WEST TWO.

SO THEY'RE ACTUALLY REFERRING TO THE PREVIOUS PROJECT YOU JUST APPROVED MISTAKENLY IN HERE. SO IT WAS JUST PROBABLY A CUT AND PASTE.

MINOR MISTAKE. THERE'S NO TURN LANES ASSOCIATED WITH THIS PROJECT.

SO EXCEPT FOR THOSE TWO TECHNICAL COMMENTS, WE ARE AGREEABLE TO ALL THE CONDITIONS, AS I KNOW YOU GOING TO ASK, AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

AND AGAIN, THE DEVELOPERS HERE TONIGHT AS WELL.

BOARD, HAVE ANY QUESTIONS? FROM THAT. THAT'S THE SAME THING THAT YOU'RE SEEING IN REGARDS TO THE COMMENTS.

I ACTUALLY HAD THE PLEASURE OF SPEAKING WITH NATALIE BEFORE THE MEETING STARTED, AND SHE CONFIRMED EXACTLY WHAT SHE SAID TO JAKE AS WELL, THAT THOSE COMMENTS WERE LEFT ON THERE BY MISTAKE FROM A PREVIOUS PROJECT AND THAT SHE WAS REMOVING THEM.

DON'T APPLY TO THIS PROJECT. CORRECT.

AND ANY QUESTIONS FOR JAKE? YEAH, THAT'S SOMETHING THAT THE SERVAIR IS WORKING THROUGH WITH STAFF, AND I DON'T KNOW THE ULTIMATE OUTCOME OF THAT, BUT WE WON'T BE LANDMARKING ANY OTHER ADJACENT PROPERTIES.

THANK YOU, JAKE. THANK YOU. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION OR POST? BILL? BATTEN'S 586 OCEAN SPRAY STREET, SOUTHWEST. A LOT OF THE COMMENTS I MADE ON OLD FINISH A NEW BUSINESS, UNFINISHED BUSINESS NUMBER ONE, COINCIDE WITH THIS DEVELOPMENT ALSO BECAUSE IT'S ALL THE SAME OVERALL DEVELOPMENT PLAN.

BUT THAT STILL NEEDS A COUPLE OF QUESTIONS WHEN THERE'S HOUSING DENSITY WAS DETERMINED WHAT IT WAS GOING TO BE. WE HAD NO HOUSING.

AND ONE MORE TIME, THE PLANNING ON THE WEST AND THE EAST SIDE OF BABCOCK WAS NOT PART OF THE INITIAL PLANNING.

AND NOW WE'RE MAKING COMPARISONS OF HOUSING FROM THE WEST SIDE OF BABCOCK AND THE EAST SIDE OF BABCOCK. AND WE'RE COMBINING THOSE AS AS SAME IDENTITY ITEMS WHEN THEORETICALLY THEY'RE NOT THEY MIGHT BE THE SAME DEVELOPERS AND SAME OWNERS, BUT THEY'RE NOT THE SAME DEVELOPMENT. AND SO THAT MADE A DIFFERENCE IN DENSITY OF POPULATION.

THE NEXT QUESTION WAS.

REFERRING BACK TO THE AGREEMENT, WHERE OR IT.

ALL RIGHT. THE CITY HAS MADE COMMITMENTS TO ASSURE FUTURE CAPACITY THROUGH WASTEWATER PLANT EXPANSIONS.

I DID NOT GET THAT ANSWERED IN THE PREVIOUS DISCLOSURE.

FOR THEM, BUSINESS ITEM PLUSSING IT.

MAYBE WE CAN GET THAT STILL DISCUSSED ON THIS ONE.

ALL RIGHT. AND THE NEXT QUESTION IS, IS THIS GOING TO BE A GATED COMMUNITY? AND IF IT'S NOT A GATED COMMUNITY WHERE YOUR PUBLIC ACCESS FACILITIES AVAILABLE TO THE GENERAL PUBLIC. THANK YOU VERY MUCH.

THANK YOU, BILL. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHED TO SPEAK? THEY. MR. CHAIR, IF I COULD SAY SOMETHING REAL QUICK.

SINCE I'VE WORKED ON ALL OF THESE PROJECTS AND HAD THE PLEASURE OF RESEARCHING ALL OF DAVE WATKINS MEMORANDUMS ON ALL OF THIS WATER STONE WAS ORIGINALLY APPROVED BACK IN 2004 WITH MULTIPLE, MULTIPLE CHANGES TO IT.

AND DAVE HAD WORKED WITH MR. JEFFRIES, LAND PLANNER ROCHELLE WINDELS, TO GET THE TOTAL ENTITLEMENTS THAT WERE BOTH EAST AND WEST OF BABCOCK STREET.

THERE'S A RUNNING TOTAL OF THE ENTITLEMENTS WITH THE TOTAL ENTITLEMENTS IS AROUND 25.

IT'S TWO THOUSAND FIVE HUNDRED NINETY SIX.

IT WAS DEEMED THAT THEY COULD BE USED ON EITHER SIDE.

NOW, GRANTED, BECAUSE OF THE LAYOUT OF THE CITY EAST OF BABCOCK, MOST OF THE UNITS COULD NOT BE PLACED ON THAT BECAUSE OF THE LANDS AND THE WAY THEY'RE SET UP.

THERE'S A LOT OF WETLANDS THAT WERE PREVIOUSLY THERE THAT HAD TO BE DESIGNED AROUND ALSO WITH THE DEVELOPERS, WORKING WITH STAFF IN THE FUTURE EXPANSION OF THE PARKWAY, BECAUSE WE DIDN'T KNOW AT THAT POINT WHERE IT WAS GOING TO GO AND WHERE IT WAS BISECTING THEIR LANDS THAT THEY EVENTUALLY GAVE US THE RIGHT OF WAY FOR.

SO THAT IS WHY DAVE MADE THE INTERPRETATION THAT THE LAND COULD BE INTERCHANGEABLE WITH THE ENTITLEMENTS. AND WE'VE THERE'S PLENTY OF MEMOS TO BACK THAT UP, ACTUALLY, IN THE APPROVAL PACKAGE THAT WAS SUBMITTED FROM ROCHELLE.

THANK YOU, CHRIS. YEAH, AND I THINK THAT ANSWERS THE FIRST QUESTION ABOUT THE EAST AND WEST. AND WE ALSO HAVE ALWAYS LOOKED AT THIS GLOBALLY, AND WE WANT TO MAKE SURE THAT WE HAD A GOOD UNDERSTANDING OF WHAT WE WERE DOING WITH BOTH SIDES OF BOTH EAST AND WEST,

[00:45:04]

THAT'S WHERE THE TRAFFIC STUDY IS.

INCLUDES ALL OF ALL THAT AS WELL.

SO IT'S JUST TO BE AS COMPREHENSIVE AS WE COULD.

IN ADDITION TO EXACTLY WHAT CHRIS WAS JUST TALKING ABOUT, I DID FORGET TO TALK ABOUT THE PLANT EXPANSIONS.

THE CITY IS DOING A REGIONAL CITY PROJECT TO EXPAND BOTH THEIR WATER AND WASTEWATER PLANTS. IT IS ON THE DEVELOPERS BACK TO EXTEND THE MAINS A COUPLE OF MILES OUT HERE IN ORDER TO BE ABLE TO HAVE ADEQUATE UTILITIES FOR ALL OF THESE PROJECTS THAT ARE COMING BEFORE YOU. SO THAT'S BEEN A PARTNERSHIP THAT WE'VE HAD WITH THEM WORKING TOGETHER TO NOT ONLY HELP THIS AREA.

WE ALSO COMBINE IT WITH EMERALD LAKES AND SOME OF THE OTHER PROJECTS IN THE AREA.

SOME OF THE EXTENSION, THOSE UTILITIES ARE GOING TO HELP EXISTING NEIGHBORHOODS GET BETTER PRESSURE AND FLOWS FOR THEIR WATER SYSTEM, FOR EXAMPLE, THAT ARE NORTH OF THIS AREA IN OTHER PARTS OF PALM BAY.

SO IT'S BEEN A IT'S A REGIONAL PROJECT, BUT THE PLANT EXPANSIONS WERE NECESSARY FOR THIS AND OTHER DEVELOPMENTS AS WELL.

SO THAT WOULD BE HAPPY TO ANSWER YOUR OTHER QUESTIONS, BOARD MAY HAVE WOULD HAVE ANY OTHER QUESTIONS FOR JAKE. YES, PLEASE.

WAS THERE A QUESTION ABOUT THE GATED COMMUNITY? OH, THE MEETINGS ARE ALL DESIGNED SO THEY CAN BE GATED, AND THAT IS THE ANTICIPATION.

MARAGH ALBUM ITSELF IS GOING TO REMAIN OPEN TO THE PUBLIC COMPLETELY.

BUT YES, THANK YOU.

THAT'S WHY ALL THESE ROADS WILL BE PRIVATE RATHER THAN PUBLIC BADLY.

AND ALL THE AMENITIES WILL BE PRIVATE AMENITIES, RIGHT? WELL, ACTUALLY, WE'RE INTENDING TO APPLY FOR A CD, WHICH IS A COMMUNITY DEVELOPMENT DISTRICT. WE'VE HAD A COUPLE COME BEFORE THIS BOARD BEFORE AND RELEASES CD, CHAPARRAL, ISD. AND SO THAT IS OUR ULTIMATE ATTENTION.

WHAT THAT MEANS LEGALLY IS THAT THE COMMUNITY DEVELOPMENT DISTRICT IS ACTUALLY A QUASI GOVERNMENT BODY, WHICH IS OPEN TO THE PUBLIC.

OK. SORRY. I WAS CORRECTED.

SIR, SIR, YOU WANT TO COME TO THE PODIUM, PLEASE? SORRY. CHRIS THARI, DIVISION, PRESIDENT OF FORCE DEVELOPMENT.

WE ARE THE PURCHASER AND ALSO LAND OWNER FOR MOST OF ALL OF CYBERSPACE, WEST AND EAST.

CURRENTLY RIGHT NOW TO TALK TO JAKE.

JAKE IS CORRECT ABOUT A CD.

WE ARE GOING TO GO FILE A PETITION BEFORE THE BOARD OR CITY COUNCIL TO BRING A CD.

OF COURSE, I WAS MAE WEST.

BUT AS FAR AS THE MANY CENTERS, THERE WILL ALL BE PRIVATE AND RANDOM BORROWERS WHO ARE IN OUR WILL BE A BENEFIT FOR OUR HOMEOWNERS.

I DIDN'T HEAR YOUR QUESTION. WELL, YEAH, I WAS JUST BECAUSE I WAS ONE OF THOSE QUESTIONS, SO I WANTED TO GET ANSWERED FOR BILL.

OK, THANK YOU. ALL RIGHT, AT THIS POINT, I HOLD CLOSE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION.

MOTION TO APPROVE 32 2021.

SUBJECT TO STAFF COMMENTS.

EMOTION ON A SECOND, ANY FURTHER DISCUSSION, NONE ALL IN FAVOR, SAY I, I ALL OPPOSED MOTION CARRIES UNANIMOUSLY.

MOVING ON THIS.

OUR NEXT CASE IS F.D.

THIRTY THREE, TWENTY, TWENTY ONE.

BACKGROUND, THE SUBJECT PROPERTY IS LOCATED NORTH OF AN ADJACENT TO MARAGH LOMA BOULEVARD, SOUTH EAST AND WEST OF BABCOCK STREET, SOUTHEAST.

SPECIFICALLY A PORTION OF TAX PARCELS, 250 SECTION FOR TOWNSHIP 30 RANGE THIRTY SEVEN AND A PORTION OF TRACT ONE OF SAN SEBASTIAN FARM SUBDIVISION OF OUR COUNTY, FLORIDA.

THIS FINAL REQUEST INCLUDES APPROXIMATELY FIFTY TWO POINT TWO SIX ACRES OF LAND.

I'M NOT GOING TO REPEAT THIS NEXT PARAGRAPH, BECAUSE I'VE REPEATED IT TWICE ALREADY, SO I'M GOING TO GO TO WHAT'S CHANGED.

THE TOTAL ENCUMBERED UNITS RECEIVED A FINAL DEVELOPMENT PLAN.

APPROVAL WITHOUT THIS CURRENT APPLICATION BEING COUNTED ARE AS FOLLOWS ONE THOUSAND FOUR HUNDRED FIVE HUNDRED AND FORTY EIGHT UNITS ON THE WEST SIDE OF BABCOCK AND THREE HUNDRED AND SIXTY TWO UNITS ON THE EAST SIDE OF BABCOCK.

ANALYSIS THE IS REQUESTING FINEMAN'S DEVELOPMENT PLAN, FDA APPROVAL FOR PLANNING AND DEVELOPMENT TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL SUBDIVISION CALLED GARDENS AT WATERSTONE'S PHASE TWO.

THE PLANNING AND DEVELOPMENT IS A CONCEPT THAT ENCOURAGES APPM AND PERMITS VARIATION AND RESIDENTIAL DEVELOPMENTS BY ALLOWING DEVIATION IN LARGE SIZE, BULK OR TYPE OF WELLINGS DENSITY, LOKKE COVERAGE, SETBACKS AND OPEN SPACE FOR THOSE ELEMENTS REQUIRED IN ANY SINGULAR ZONING CLASSIFICATION FOUND IN THE CITY ZONING CODE.

SPECIFICALLY, THIS FDP PROPOSES A ONE HUNDRED AND SEVENTY FOUR UNIT SINGLE FAMILY DEVELOPMENT THAT WILL BE CONSTRUCTED IN ONE PHASE OR THE FDP AVERAGE LOTS WITHIN THE

[00:50:02]

THE PROPOSED MINIMUM HOME SIZE IS ONE THOUSAND SIX HUNDRED SQUARE FEET.

THERE WILL BE ONE ACCESS POINT OFF OF THE NEWLY CREATED GRANGER CIRCLE, WHICH WILL CONNECT TO THE NEWLY EXTENDED MARILENA BOULEVARD.

ALL ROADS WITHIN THE SUBDIVISION WILL BE PRIVATE.

THE GARDENS AT WATER STONEFACE TWO WILL HAVE A NEIGHBORHOOD PARK, PASSIVE RECREATION AREAS AND MEANDERING WALKING TRAILS CONNECTING TO THE SUBDIVISION OF.

HE'S BEEN CONNECTING THE SUBDIVISION TO MARILENA AND OTHER FUTURE SECTIONS OF THE LARGER COMMUNITY. ALL UNDER CONTROL OF GARDENS AT WARNER STONE HOMEOWNER'S ASSOCIATION, INC.

THE RECREATION AREAS WILL BE USED BY ALL HOMES IN THE GARDENS AT WATERSTONE'S PHASE ONE, TWO AND THREE. THERE ARE THREE NEIGHBORHOOD PARKS WITHIN GARDENS, PHASE TWO TOTALING ONE POINT EIGHT ACRES, MORE OR LESS.

THESE WILL BE PRIMARILY PASSIVE PARKS USED FOR MULTIPURPOSE PLAYING FIELDS, A DOG PARK AND OTHER OUTDOOR ACTIVITIES.

ALL THE RESIDENTS WILL HAVE ACCESS TO THE PHASE ONE POOL AND CABANA.

LASTLY, TECHNICAL STAFF REVIEW COMMENTS ARE ATTACHED TO THIS REPORT.

CONDITIONS. IN ORDER TO RECEIVE FDA APPROVAL, THE PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION TWENTY FIVE POINT ZERO SIX SEVEN OF THE CITY BAMBIS CODE OF ORDINANCES ON REVIEW.

THE REQUEST APPEARS TO CONFORM WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION.

FOLLOWING ITEM SHALL BE ADDRESSED UPON SUBMISSION OF THE ADMINISTRATIVE CONSTRUCTION PLANS. I'M ON WE ENGINEER CONSTRUCTION DRAWINGS ITEM TO A SUBDIVISION PLAT, MEANING CHAPTER 177 OF FLORIDA STATE STATUTES REQUIREMENTS AND A TITLE OPINION THREE.

THE TUCKAHOE COMMENTS GENERATED BY THE DA, THE DEVELOPMENT REVIEW STAFF SHALL BE OBSERVED AND INCORPORATED INTO ENGINEERING CONSTRUCTION DRAWINGS, OR NO ROAD SHALL BE ACCEPTED BY THE CITY OF PALM BAY FOR OPERATION AND MAINTENANCE UNTIL AND UNLESS THE DEVELOPER REQUESTS ACCEPTANCE THROUGH THE PROCESS PROMULGATED IN CHAPTER 192 OF THE CITY OF HOMS. CODE OF ORDINANCES UPON COMMENCEMENT OF SAID PROCESS STAFF WILL DETERMINE IF THE ACCEPTANCE OF ANY WORDS WOULD BE PROVIDED A PUBLIC BENEFIT, AND THAT THE CURRENT CITY OF PALM BAY CONSTRUCTION STANDARDS ARE MET.

THE TRAFFIC SIGNAL AT MARYLAND BOULEVARD AND BABCOCK STREET SHALL BE CONSTRUCTED AT THE OPERATIONAL AND OPERATIONAL PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF COMPLETION OF THE GARDENS AT WATERSTONE'S PHASE TWO.

THERE'S A NOTE. OR KATIE DEERING OF LASSAR TRANSPORTATION GROUP, THE TRAFFIC SIGNAL WARNER STUDY COMPLETED FOR THE INTERSECTION OF MARAGH LAMA BOULEVARD AND BABCOCK STREET.

SIGNAL IS WARRANTED AT THE COMPLETION OF AND THERE'S A CORRECTION HERE.

IT'S ACTUALLY THREE HUNDRED AND FIFTY FOUR UNITS.

IT COST SHARE ANALYSIS SHOULD BE REQUESTED BY THE DEVELOPER TO THE PUBLIC WORKS DEPARTMENT TO ENSURE THAT EACH PROJECT WATERSTONE'S IN CYPRUS PAY PAYS ONLY THEIR PROPORTIONATE FAIR SHARE OF THE COSTS AS EACH PROJECT WILL CONTRIBUTE TO THE TRAFFIC AT THE INTERSECTION STAFF'S RECOMMENDATION AFTER THIRTY THREE TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL.

STAFF COMICS CONTAINED IN THIS REPORT.

IS THE BORDER HAVE ANY QUESTIONS FOR STAFF? THANK YOU, CHRIS. ONCE AGAIN, JAKE.

THANK YOU. JAKE WAS CIVIL ENGINEER FOR THIS PROJECT AS WELL.

THIS IS, AGAIN, A FINAL DEVELOPMENT PLAN FOR THE SECOND PHASE OF THE GARDENS.

THE GARDENS IS BY A DIFFERENT DEVELOPER THAT IS IN ATTENDANCE TONIGHT AS WELL.

AND IT IS ALSO PART OF THE OVERALL MASTER PLAN FOR ALL OF THE WATER STONE AND CYPRESS BAY THAT WE'VE BEEN TALKING ABOUT TONIGHT.

THIS ONE IS JUST OVER THREE MINUTES PER ACRE.

SO IT'S RIGHT ABOUT THE SAME AS THE OTHER TWO THAT WE JUST TALKED ABOUT.

IN THIS PARTICULAR CASE, WHEN WE HAD A NEIGHBORHOOD MEETING, WE DID NOT HAVE ANY ATTENDEES FOR THAT.

PHASE ONE OF THIS PARTICULAR PROJECT THAT YOU GUYS HAD PREVIOUSLY APPROVED AND THAT COUNCIL APPROVED AND IS CURRENTLY UNDER CONSTRUCTION HAD A LARGER, BIGGER MONEY CENTER.

SO THIS PARTICULAR PHASE HAS SMALLER POCKET AREAS, AND THEY'LL BE SHARED BY ALL OF THE RESIDENTS OF THIS SPECIFIC DEVELOPMENT.

AND AGAIN, THIS PROJECT IS GOING TO UPDATE THE TRAFFIC STUDY AS WELL FROM 2017 WITH THE NEW TRIPPE COUNTS. THIS PARTICULAR PROJECT IS STAFF IDENTIFIED IN THE REPORT IS THE ONE THAT IS GOING TO CONSTRUCT THE TRAFFIC SIGNAL AT MARAGH LOMA AND BADCOCK STREET THAT WE TALKED ABOUT EARLIER TONIGHT.

AND THIS ONE IS ALSO INTENDED TO BE GATED WITH ROADS BUILT TO CITY STANDARDS, BUT AGAIN, PRIVATELY MAINTAINED AND EXTENDING BOTH WATER AND WASTEWATER UTILITIES.

AND THIS PARTICULAR PROJECT, THE TECHNICAL COMMENTS, A LOT OF THEM ACTUALLY DON'T APPLY TO THIS PROJECT. AND I THINK WE HAD THE SAME CONVERSATION ABOUT THIS.

SO I CAN GO THROUGH EACH ONE OF THEM OR WE CAN JUST AGREE TO REMOVE THAN THE ONES THAT DON'T APPLY BEFORE THE COUNCIL MEETING, IF THAT WORKS FOR THE BOARD.

AND THAT'S FINE. OK, GREAT.

[00:55:03]

WHICH IS THE FINAL CONDITION OF APPROVAL IN THE STAFF REPORT.

IT TALKS ABOUT THE SIGNAL AT MARAGH LOMA AND BABCOCK STREET THAT IT SHALL BE CONSTRUCTED AND OPERATIONAL PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF COMPLETION FOR THIS PARTICULAR PHASE.

WE DON'T TAKE ANY ISSUE AT ALL WITH THAT, EXCEPT SOME OF THE REQUIREMENTS FOR THAT TO BE INSTALLED, ACCEPTED IN OPERATION ARE COMPLETELY OUTSIDE OF OUR CONTROL.

YOU ACTUALLY GET A COUNTY PERMIT.

IT HAS TO GO THROUGH THE CITY APPROVALS.

SOME OF THE LONG LEAD ITEMS FOR TRAFFIC SIGNALS BECAUSE OF SOME OF THE MAJOR PROJECTS GOING ON ACROSS FLORIDA CAN TAKE SIX TO NINE MONTHS JUST TO GET THE ACTUAL MATERIALS TO DO THE CONSTRUCTION.

SO THE ONLY THING THAT WE WOULD ASK IS THAT WE'RE AGREEABLE TO THAT, EXCEPT THAT WE WOULD WANT THE ABILITY THAT IF SOMETHING OUTSIDE OF OUR CONTROL DOESN'T ALLOW US TO BUILD IT, THAT WE CAN BOND THE TRAFFIC SIGNAL AT 125 PERCENT OF THE COSTS.

AND THE COST ESTIMATES DO GET APPROVED BY BOTH CITY STAFF AND BY THE COUNTY STAFF, AND THAT IT WOULD BE IMPACTED CREDIT ELIGIBLE.

AND SO WE JUST WANT TO MAKE SURE THAT WE WANT TO BUILD THE SIGNAL WE WANT IT TO OPEN AT THAT TIME. BUT IF SOMETHING OUT OF OUR CONTROL DELAYS US, THAT WE'RE ABLE TO STILL MOVE FORWARD WITH OUR PROJECT UNTIL SUCH TIME THAT WE WERE ABLE TO CONSTRUCT IT RESTORED.

YOU WANT TO RESPOND TO THAT? SOME FORTUNATELY STAFF WOULD NOT BE RECOMMENDING THAT AS A CONDITION WE COULD RECOMMEND THE CONDITION AS HOW IT'S WRITTEN IN THE STAFF REPORT, BUT WE COULD NOT RECOMMEND FOR BONDING.

AND I DID SPEAK TO CITY TRAFFIC ENGINEER ON THIS ONE AS WELL.

YOU COULD MAKE IT CONDITIONAL TO THE THE THE THE COUNTY AND ALL APPLICABLE APPROVALS FOR THE TRAFFIC SIGNAL, CORRECT? YES. SO WITH THE WAY IT'S WRITTEN, STAFF FEELS THAT THERE'S PLENTY OF TIME WITH GETTING THEIR CERTIFICATE OF COMPLETION FOR THE NEIGHBORHOOD BEING BUILT, BECAUSE, AS JAKE STATED, GARDENS PHASE ONE IS UNDER CONSTRUCTION RIGHT NOW TO HAVE A AN ACTUAL NEIGHBORHOOD, GET A CERTIFICATE OF COMPLETION.

THAT MEANS THAT ALL THE ROADS, THE INFRASTRUCTURE, THE BACKBONES, THE STORMWATER PONDS AND ALL OF THE UTILITIES ARE IN, WHICH IS A DECENT AMOUNT OF TIME DOWN THE ROAD.

WESTFIELD'S IT'S REASONABLE THAT IT'S CONDITIONED UPON THE CERTIFICATE OF COMPLETION OF GARDENS OF PHASE TWO, MEANING THAT THERE WON'T BE ANY HOUSE CONSTRUCTION YET OF GARDENS OF PHASE TWO, BUT THE ACTUAL NEIGHBORHOOD WOULD BE COMPLETED, WHICH THEY CAN TELL YOU IT'S USUALLY TAKES ANYWHERE BETWEEN FOUR TO FIVE MONTHS JUST TO GET ALL OF THAT FINISHED SOMETIMES. OUR CONCERN IS THAT SOME OF THESE LONG LEAD ITEMS CAN TAKE NINE MONTHS FOR US TO GET AFTER CHAPERONS ARE APPROVED BY BOTH THE COUNTY AND THE CITY AFTER PERMITS ISSUED.

THAT COULD BE A LONG PERIOD OF TIME OUT OF OUR CONTROL.

ANOTHER HURRICANE HITS LIKE, FOR EXAMPLE, WE WENT THROUGH A PERIOD TIME.

WE COULDN'T GET PVC PIPE.

THEY DON'T EVEN MAKE FEVZI FENCES ANYMORE OVER SIX FEET TALL BECAUSE THE MATERIALS BECOMING SCARCE. WE HAVE OTHER PROJECTS WHERE WE'RE HAVING TROUBLE GETTING MATERIALS AT ALL. SO THERE'S JUST A LOT OF FACTORS OUTSIDE OF OUR CONTROL.

SO WE WANT TO BUILD THE SIGNAL.

WE WANT TO ABSOLUTELY COMPLY WITH THIS.

WE'LL DO EVERYTHING WE CAN TO.

BUT WE JUST DON'T WANT TO HAVE OUR PROJECT HELD UP AND NOT BE ABLE TO START GETTING HOUSE PERMITS. IF SOMETHING LIKE THAT DELAYS US, THAT'S JUST OUTSIDE OF OUR CONTROL.

IF WE CAN CONTROL IT, WE WOULD ABSOLUTELY AGREE TO IT.

THERE'S JUST A LOT OF FACTORS THAT ARE OUTSIDE OF OUR CONTROL.

IT'S THE OTHER OPTION, IF MR. WEISS DOESN'T LIKE THAT CONDITION, IS THAT IT CAN GO BACK BEFORE CITY COUNCIL AND THIS BOARD TO GET THAT CONDITION REMOVED.

IF THEY RUN INTO A TIMING PROBLEM, LIKE I SAID, STAFF COULD NOT SUPPORT CHANGING THAT TO A DIFFERENT CONDITION.

IF YOU DON'T MIND, I'LL TALK TO THE CLIENT AND SEE IF THERE'S ANY OTHER COMMENTS THAT WE CAN RESPOND TO. SOMETHING TELLS HER MR. BARTON MIGHT HAVE SOMETHING. ANY OTHER QUESTIONS FROM THE ANY OTHER QUESTIONS? THANK YOU, SIR.

I JUST HAVE A QUESTION. GO AHEAD.

I JUST WANT A LITTLE BIT CLARIFICATION ON ON ON.

EXACTLY. I'M NOT SURE IF I FULLY UNDERSTAND WHAT IT IS REQUESTING.

SO INSTEAD OF HAVING THE SIGNAL BELT, SO A SIGNAL WARNER ANALYSIS SAYS THAT A CERTAIN AMOUNT OF UNITS, THE SIGNAL HAS TO BE READY AND OPERATIONAL.

SO AT THE BUILD OUT OF THE COURTYARDS AND GARDENS, PHASE ONE, ONCE IT HITS THREE HUNDRED AND FIFTY FOUR UNITS, THAT SIGNAL HAS TO BE UP AND OPERATIONAL, ACCORDING TO THE SIGNAL WARRANT ANALYSIS THAT WAS SUBMITTED BY THE APPLICANT.

SINCE WE KNOW THAT.

GARDENS PHASE TWO WILL BE LAGGING BEHIND, WE CHOSE TO PUT IT, AND BE MORE ACCEPTABLE FOR

[01:00:02]

THE INFRASTRUCTURE FOR THE COMMUNITY WILL BE BUILT, BUT NO UNITS WILL BE ACTUALLY CODE.

I GOT A QUESTION. IS THERE A CHANCE FOR THEM TO PUT UP LIKE ONE OF THOSE? TEMPORARY SIGNALS IN THE MEANTIME.

THAT WOULD BE SOMETHING THAT WE'D HAVE TO DISCUSS WITH THE CITY ENGINEER AND BOTH THE PUBLIC WORKS DIRECTOR AND A WHOLE LOT OF LIKE PUBLIC WORKS ISSUES, AND THEY'D HAVE TO SIGN OFF ON BONDING AND THINGS LIKE THAT.

I JUST THINK IT'S GOING A LITTLE BIT BEYOND.

CHRIS CAN'T REALLY OPINE ON THOSE THINGS.

WITHOUT THEM BEING HERE TONIGHT, BEYOND WHAT HE UNDERSTOOD IS IN THEIR CONTROL.

THANK YOU. ALL RIGHT.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OR OPPOSE THIS APPLICATION? BILL, ONCE AGAIN.

YOU'LL BE OUT IN 586 OCEAN SPRAY STREET, SOUTHWEST.

GOING BACK AND REWINDING SOME OF MY OLD TAPES, I REMEMBER THAT IF YOU HAD GATED COMMUNITIES THAT WERE NOT OPEN FOR PUBLIC ACCESS, FOR THE PUBLIC, FOR THE PUBLIC GENERAL PUBLIC ACCESS AT THOSE ROADS, BECAUSE WE WERE USING TAX DOLLARS PAYER FOR ROAD MAINTENANCE AFTER THE ROAD GETS TURNED OVER FROM THE DEVELOPER TO THE CITY, THAT THEY WERE SUPPOSED TO MAINTAIN THEIR OWN ROADS AFTERWARDS BECAUSE IT WAS A GATED COMMUNITY THAT DOES NOT MAKE IT A PARK, THAT DOES NOT OPEN IT TO THE PUBLIC, THAT YOU COULD NOT SPEND OUR PUBLIC FUNDING FOR ROAD MAINTENANCE THEREAFTER.

ONCE THE ROAD WAS CONSTRUCTED, THIS HAPPENED IN A COUPLE OF OTHER LOCATIONS WHERE THEY SAID, WELL, WE'RE HAVING A PROBLEM.

WE CAN'T SOLVE THE PROBLEM.

WELL, THE CITY STEP IN AND SOLVE IT FOR US.

AND THE CITY DID. BUT THEY WERE STILL GATED COMMUNITIES.

BUT IT HAS TO BE A SPECIAL AGREEMENT WITH THE CITY BEFORE WE SPEND OUR TAX DOLLARS, MONEY OR PUBLIC RESIDENT.

MONEY ON A GATED COMMUNITY, BECAUSE THAT'S A PRIVATE COMMUNITY, NOT OPEN TO THE ROADS.

ROADS ARE NOT OPEN TO THE PUBLIC.

THAT'S THE FIRST ITEM WITH THIS, RIGHT? AND THEN ALSO WITH THIS DEVELOPMENT OF THE GARDENS, THERE'S STILL NO ACCESS GOING NORTH.

ONE MORE TIME. ZERO ROADS GOING NORTH OUT OF THESE MASSIVE, MASSIVE DEVELOPED.

WE'RE TALKING THOUSANDS OF ACRES OF DEVELOPMENT WITH ONLY ONE WAY OUT OF THERE.

AND THAT'S ON TO BABCOCK.

NOBODY'S BEEN ABLE TO ANSWER MY QUESTION FROM THE FIRST TIME IF THERE'S ANY PLANS GOING IN TO GET ACROSS THE CANAL TO START HAVING THE ABILITY TO TRAVEL NORTH.

AND IF THEY DO, THAT PUTS ALL OF THIS TRAFFIC RUNNING THROUGH THE SOUTH EAST AND I'M SORRY, THE SOUTH WEST RESIDENTIAL AREAS OF PALM BAY.

IF THEY DO MAKE A ROAD GOING NORTH, WHICH I THINK POOR SAFETY FACTORS WOULD BE A VERY GOOD THING, BECAUSE I CAN EASILY SEE BABCOCK BEING LOCKED OFF AT ANY ONE OF THOSE INTERSECTIONS WE'RE TALKING ABOUT THAT WOULD LOCK THEM IN THOUSANDS OF RESIDENTS WITHOUT HAVING A SECONDARY ACCESS.

BUT THAT BEING SAID, IT'S STILL GOING TO BE A GREAT DEVELOPMENT.

BUT I'D RATHER THEY DEAL WITH THESE PROBLEMS INSTEAD OF ME.

AND I DON'T WANT TO SPEND MY TAX DOLLAR MONEY ON SOME GATED COMMUNITIES.

THANK YOU VERY MUCH. IS THERE ANYONE ELSE IN THE AUDIENCE THIS WEEK? YOU WANT CHRISTIE TO WANT TO RESPOND TO SOME OF THAT? I THINK. WELL, I CAN RELY ON PRIVATE ROADS.

I CAN RESPOND ON THE PRIVATE ROADS AND THE ROAD TO THE NORTH.

SO ALL THE ROADS AND THE DEVELOPMENT ARE SUPPOSED TO BE PRIVATE.

THE ONLY ROAD THAT IN QUESTION MAY BECOME PUBLIC IN THE FUTURE IS MARAGH ALOMA.

BUT THAT'S WILL BE BROUGHT UP DURING THE PROCESS THAT'S OUTLINED IN CHAPTER 192.

SO WITH THAT CHAPTER, IT BASICALLY SAYS THAT THE DEVELOPER OR WHOEVER CURRENTLY OWNS THE ROAD, WHETHER IT BE IN H.O.

OR ISD, CAN PETITION THE CITY TO COME BEFORE THEM.

AND WE DO A WHOLE REPORT AND DO A COST ANALYSIS OF WHAT IT IS TO TAKE OVER THIS ROAD.

THE MAINTENANCE, WE INSPECT IT, WE SEE HOW IT'S DOING, AND THEN WE HAVE A COST.

AND THEN COUNCIL ULTIMATELY VOTES ON WHETHER OR NOT IT HAS A PUBLIC BENEFIT.

AND IF THE CITY IS LOOKING TO INCUR THAT COST, IN THE MEANTIME, WE WOULD DO THAT AS IF IT PROVIDES A PUBLIC BENEFIT TO THE CITIZENS OF PALM BAY, WHICH POTENTIALLY THIS COULD, IF IT'S FULLY BUILT FROM MARILENA ALL THE WAY DOWN TO JURNEE DRIVE.

OR THE ROAD THAT MAY GO TO THE NORTH, EVENTUALLY, THE PARKWAY IS PLANNED TO GO TO THE NORTH, HOPEFULLY BEFORE I DIE.

I'M THE AZER STUDY IS BEING DONE THE AND WILL HAVE TO BE DONE AFTER THAT.

AND THEN WE'LL HAVE TO FIND FUNDING BOTH, YOU KNOW, FEDERALLY AND FROM THE COUNTY, AS WELL AS THE CITY TO GET THE ROAD BUILT.

[01:05:03]

HOWEVER, THE PARKWAY IS CURRENTLY OPENED THAT GOES DIRECTLY TO I-95, WHICH WE SEE MOST OF THE TRIPS WILL BE HEADING OFF I-95 AND UP TO EITHER THE FIRST PALM BAY EXIT, WHICH IS MALABA ROAD OR THE SECOND PALM BAY EXIT, WHICH IS PALM BAY ROAD.

OK, THANK YOU, CHRIS.

AND FOR YOUR BENEFIT, BILL, IN CASE YOU'RE WONDERING WHAT THAT IS OR IS THERE REFERRING TO AS AN ALTERNATIVE CORRIDOR EVALUATION FOR THE POTENTIAL LOCATION OF THE ST.

JOHN'S HERITAGE PARKWAY LAKE? SO I THINK MR. BENTON'S QUESTIONS WERE RESPONDED TO BY STAFF, THANK YOU.

THE TECHNICAL COMMENTS BY THE CITY.

IF YOU LOOK AT THE LAST ONE AT THE BOTTOM OF THE PAGE UNDER ENGINEERING AND TRAFFIC IDENTIFIES THE TRAFFIC SIGNAL AT MARAGH LOMA SHALL BE CONSTRUCTED AT THE IT WAS CORRECTED EARLIER 350 CERTIFICATE OF OCCUPANCY GRANTED AND PRIOR TO THE FIRST CEO FOR GARDENS AT WATER STONE TO THE CONDITION AS PROPOSED IDENTIFIES THAT IT SHOULD BE PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF COMPLETION FOR THE SUBDIVISION.

SO WE WOULD LIKE TO SEE IF WE COULD GET IT CHANGED TO THE THREE HUNDRED AND FIFTY FOURTH CEO AND PRIOR TO THE FIRST CEO FOR GARDENS AT WATER STONE TWO, BUT ALSO WITH SOMETHING IN THERE THAT SAYS THAT WE CAN REVISIT THIS, BECAUSE WHAT WE'RE BEING ASKED TO DO WITH THE CONDITION, THE WAY IT'S DONE NOW IS BUILD POTENTIALLY A SUBDIVISION WITH MILLIONS AND MILLIONS OF DOLLARS AND THEN ITEMS THAT ARE OUTSIDE OF OUR CONTROL OF GETTING A TRAFFIC SIGNAL INSTALLED, APPROVED, EVERYTHING ELSE, WHICH IS A LONG PROCESS.

AND BOTH THE COUNTY AND THE CITY HAVE TO BE 100 PERCENT AGREEABLE ON ALL THE FACTORS OF THAT, PLUS THE LONG LEAD TIME OF MATERIALS AND OTHER THINGS WITH THE POTENTIAL NOT TO BE ABLE TO GET A CERTIFICATE OF COMPLETION.

JUST SEEMS TO BE A TOUGH BURDEN IN THIS PARTICULAR CASE.

SO IF WE COULD AMEND THE CONDITION SOMEHOW LIKE THAT, WE'D BE HAPPY TO MOVE FORWARD WITH IT. BUT THE WAY THIS CONDITIONS READ, IT'S JUST TOO BIG OF A BURDEN WITH THE POTENTIAL NOT TO BE ABLE TO OPEN THEIR SUBDIVISION.

RUSTY, DO YOU WANT TO RESPOND TO THAT? OR THAT ONE, I'M ACTUALLY GOING TO HAVE MR. MURPHY RESPOND TO THAT ONE.

PATRICK, I KNOW PUBLIC WORKS IS NOT HERE.

THEY'RE THE ONES THAT MAKE THE COMMENTS.

YEAH, EXACTLY. EVENING BOARD PATRICK MURPHY, ACTING GROTHMAN DIRECTOR.

CHRIS AND I SPOKE WITH FRANK WATANABE TODAY, THE CITY ENGINEER.

HE WAS NOT IN FAVOR OF BONDING THE SIGNAL, AND HE ALSO HAD AGREED THAT THE CONDITION OF THE SIGNAL WOULD BE AT.

SO IT TOOK A BIT OF COMPLETION FOR THIS PHASE, NOT AS A THREE HUNDRED AND FIFTY THREE UNIT MARK OR THREE AND FIFTY FOUR MARK.

SO HIS COMMENT WOULD BE UPDATED MOVING FORWARD, AS THAT IS A CITY ENGINEER'S RECOMMENDATION. PLANNING STAFF CANNOT SUPERSEDE THAT.

THE BOARD CERTAINLY CAN MAKE WHATEVER RECOMMENDATION THEY FEEL COMFORTABLE WITH.

BUT IT'S NOT SOMETHING THAT WE IN LANE DEVELOPMENT CAN ENDORSE WHEN WE'VE ALREADY SPOKEN TO THE CITY ENGINEER. IT'S A PUBLIC WORKS RELATED ITEM, NOT IS PLANNING AND ZONING RELATED. AND SO WE CAN'T STAND HERE AND SAY, YES, WE AGREE TO THAT, BECAUSE WE HAD THAT CONVERSATION TODAY, CERTAINLY WITHIN THE BOARD'S PURVIEW TO DO.

IF THEY FEEL THAT COMFORTABLE IN DOING SO, WE CAN APPROVE IT, YOU KNOW, WITH THE CONDITION THAT THAT AT SOME POINT IN THE FUTURE THEY CAN BRING IT BACK BEFORE THIS BOARD AND BEFORE THE CITY COUNCIL REGARDING THE TRAFFIC SIGNAL.

OK. YOU HAD SOMETHING.

ENGINEERING. OK, WELL, WHAT I SAID IS WE CAN GO AHEAD AND APPROVE THIS ON THE CONDITION THAT WE ALLOW THE DEVELOPER TO TO BRING IT BACK TO THIS BOARD AND TO THE CITY COUNCIL REGARDING THE COMPLETION OF OF OF THE GARDENS PHASE TWO AND WHEN, YOU KNOW, THE COMPLETION OF THE WHEN THE TRAFFIC LIGHT WOULD HAVE TO BE INSTALLED AND OPERATIONAL. WE CAN MAKE THAT A CONDITION, ALLOWING THEM TO BRING IT BACK PRIOR TO THE TO THE COMPLETION OF OF OF THE GARDENS PHASE TO.

YEAH, I WOULD GIVE HIM THE OPPORTUNITY TO COME BACK AND BRING IT BEFORE THE CITY COUNCIL AND THE BOARD, THE.

SO I THINK IT SOUNDED LIKE YOU WERE LEANING TOWARDS THE CONDITION THAT JUST GIVES US THE ABILITY TO COME BACK AS THINKING IT THROUGH.

WE'LL KNOW A WHILE AHEAD IF WE'RE GOING TO RUN INTO AN ISSUE WITH IT BEING CONSTRUCTED IN EXACTLY THIS WAY.

WE CAN APPROVE IT, GIVING YOU THE OPTION TO TO BRING IT BACK IF THERE'S A WRONG CARE.

[01:10:03]

FOR.

AND WE'LL MEET WITH STAFF IN BETWEEN AGAIN TO WE WE TRIED TO TODAY, BUT PEOPLE WERE OK.

AND THE OTHER QUESTIONS. I THINK I WON FOR PRESIDENT, WOULD YOU? WELL, MET WITH MR. WATANABE WAS INDICATED THAT HE CHANGED SOMETHING, SO IS THAT VOTING ON IS THE CHANGE THAT HE AGREED TO? IS THAT MORE AGREEABLE TO THE TO THE DEVELOPER? NO, HE DIDN'T CHANGE ANYTHING.

HE CLARIFIED HIS POSITION THAT HE WOULD RATHER SEE THE SIGNAL BE OPERATIONAL BEFORE THEY RECEIVE THEIR CERTIFICATE AND COMPLETION AND CAN START CONSTRUCTION OF HOMES.

HIS CONCERN BEING DO YOU HAVE MULTIPLE SUBDIVISIONS OUT HERE IN THIS AREA BETWEEN BOTH WARNER STONE AND CYPRESS BAY AND ALL THE VARIOUS SUBDIVISIONS AND THE PHASES AND EVERYTHING THAT YOU'VE HEARD TONIGHT AND SEEN BEFORE.

AND AT SOME POINT, ALL OF THAT TRAFFIC IS GOING TO HIT THIS INTERSECTION OF BABCOCK AND AND NEAR LOMA.

AND HIS IMPRESSION IS TO HAVE THIS OPERATIONAL BEFORE WE HAVE ALL THOSE CARS THERE.

AND IF WE KEEP PUSHING IT OUT AND PUSHING IT OUT.

AT WHAT POINT IS SECOND GOING TO BE IN? AND SO HE FELT MORE COMFORTABLE IN HAVING IT IN THIS MANNER.

SO, CHAIR, IF I COULD HAVE A WORD AS WELL.

SO AS YOU WROTE ON ANY SUBDIVISIONS, WHETHER MAY BE POODS OR LETTMAN AREAS OR FINAL'S IF THE APPLICANT CHOOSES TO NOT LIKE ANY OF THOSE CONDITIONS AFTER THEY'RE ALREADY SET AND APPROVED BY CITY COUNCIL, THEY DO HAVE THE RIGHT TO PETITION COUNCIL TO REMOVE THOSE CONDITIONS WOULD HAVE WHICH HAVE BEEN DONE IN THE PAST.

YOU KNOW, IF THEY DO SEE THAT THEY'RE RUNNING INTO A TIME PROBLEM, THEY CAN ALWAYS COME BACK AND PETITION TO GET A DIFFERENT CONDITION OR AN AMENDED CONDITION.

SO BASICALLY WHAT YOU'RE SAYING IS WE REALLY DON'T HAVE TO MAKE IT A CONDITION OF APPROVAL. IF THEY DO RUN INTO THAT ENCOUNTER PROBLEM, THEY CAN THEN COME BACK BEFORE THE CITY COUNCIL AND ASK FOR A CHANGE IN THE CONDITION.

YOU COULD DO IT EITHER WAY.

I MEAN, THEY HAVE THAT RIGHT.

IF THEY WANT TO AMEND THAT CONDITION LATER, THAT AS A RIGHT, THEY CAN PETITION COUNCIL TO AMEND ONE OF THE APPROVING CONDITIONS, OR YOU CAN ALSO PUT IT IN THERE THAT THEY HAVE THAT OPTION. EITHER WAY, IT MEANS THE SAME THING.

YEAH. EXACTLY. EXACTLY.

ALL RIGHT, SIR.

POLICE. THAT EVENING, MY NAME'S MIKE EVANS OF MELBOURNE, FLORIDA.

I'M THE DEVELOPER OF COURTYARDS AS WELL AS GARDENS.

WE ARE PAYING FOR THE TRAFFIC SIGNAL.

WE'RE PAYING FOR THE STUDY FOR WE WANT IT UP AS SOON AS POSSIBLE.

IT'S GOING TO COST US THE SAME DOLLARS TODAY AS IT WILL SIX MONTHS FROM NOW OR A YEAR FROM NOW. THE FACT OF THE MATTER IS, COURTYARD IS JUST ABOUT TO GET ITS S.O.S.

FOR PHASE ONE GARDENS ONCE UNDER CONSTRUCTION.

WE WOULD HOPE TO BREAK GROUND ON GARDENS, TOO.

PROBABLY THE FIRST QUARTER OF NEXT YEAR.

THE FACT OF THE MATTER IS, THE HOUSES WON'T BE THERE FOR SIX TO NINE MONTHS.

AFTER THAT, THERE'S NO TRAFFIC HARDLY AT ALL BEING CREATED THAT QUICK.

SO WE WOULD I JUST WANT TO GO ON RECORD THAT WE WILL BE BACK, WITH YOUR PERMISSION, TO GIVE AN UPDATE ON THE STATUS OF THE PERMITS, WHICH, AGAIN, IT'S IN THE COUNTY.

IF IT WAS GOING THROUGH THE CITY, WE WOULD FEEL MORE COMFORTABLE AS TO THE TIME FRAME OF GETTING THOSE PERMITS.

THIS HAS HAD TO GO THROUGH THE COUNTY AND IT ALSO HAS TO GET CITY APPROVAL.

SO IF WE RUN INTO A PROBLEM, WE DON'T WANT TO HAVE THIS LAND THAT WE CAN'T DEVELOP AND JUST SIT THERE BECAUSE WE'RE NOT GOING TO PUT FOUR MILLION DOLLARS IN THE GROUND WITH THE RISK OF NOT GETTING A CERTIFICATE OF COMPLETION.

SO I JUST WANT TO GO ON RECORD TO KIND OF STATE THE TIMING OF THE HOUSING, THE TIMING OF THE ADDITIONAL TRAFFIC AND THE TIMING OF THE PERMITTING.

YEAH, THANK YOU, MR. EVANS.

I APPRECIATE THAT, I UNDERSTAND THAT.

AND AS YOU HEARD, AS YOU HEARD MR. BALTER EXPLAIN THAT AT ANY TIME YOU CAN COME BACK TO CITY COUNCIL AND ASK FOR A CHANGE IN CONDITIONS. BUT I'D LIKE TO SEE US, YOU KNOW, AS A CONDITION OF OUR APPROVAL AND THAT THAT PROVISO THAT YOU HAVE THE OPPORTUNITY TO COME BACK AND REQUEST A CHANGE IN THOSE CONDITIONS. THANK YOU.

THANK YOU, MR. AT THIS POINT, I WILL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION. MOTION TO

[01:15:02]

DASHED 33, 20, 21 ARE SUBJECT TO STAFF COMMENTS WITH THE CONDITION THAT THE DEVELOPER CAN COME BACK TO COUNCILMAN TO THE BOARD OR COUNCIL TO TO PETITION THEM TO REMOVE THE CONDITION.

ALL THE TRAFFIC SIGNAL.

BUT. WE'LL HAVE A SECOND.

SECOND, WE HAD SOMETHING ON.

NO. OK.

ALL RIGHT. WANT TO PUT IT ON THE RECORD, BUT TO REMOVE THE STAFF COMMENTS THAT DON'T APPLY SOME COMMON SENSE AND REMOVE ALL STAFF COMMENTS THAT DO NOT APPLY TO THIS DEVELOPMENT. EMOTION AND A SECOND, ANY FURTHER DISCUSSION I JUST GOT REAL QUICK.

WE'RE GOING TO REMOVE THE THE CONDITION OF THE TRAFFIC SIGNAL.

NO, NO, NO, NO.

NOT TO REMOVE THE CONDITION OF THE TRAFFIC.

YOU TO GIVE THE DEVELOPER THE OPPORTUNITY TO COME BACK BEFORE US, BEFORE CITY COUNCIL TO CHANGE THE CONDITION SHOULD THEY ENCOUNTER A PROBLEM WITH THE TRAFFIC WARNER.

OH, YEAH, YEAH, MS. MIRAGE, IF YOU WOULD MIND JUST REPEATING THAT ONE MORE TIME, SO IT'S CLEAR FOR SHONDRA WHEN SHE TAKES NOTES, PLEASE.

OK. A.

APPROVAL FOR CASE F.D.

DASH 33 2021, SUBJECT TO STAFF CONDITIONS.

TECHNICAL STAFF CONDITION WITH THE DEVELOPER GETTING THE OPPORTUNITY TO COME BACK TO COUNCIL OR THE BOARD TO REMOVE THE CONDITION OF THE TRAFFIC LIGHTS.

AND TO ALSO REMOVE ALL CONDITIONS, THAT DOES NOT APPLY TO THIS DEVELOPMENT.

RATHER THAN REMOVE THE CONDITION FOR THE TRAFFIC LIGHT TO TO CHANGE THE TIMING OF THE OF THE OF THE ADDRESS, THE TIMING OF OF IT.

YES, BECAUSE IT'S NOT SO MUCH OF REMOVING THAT LIST OF RIGHTS THAT CLARIFY IT.

YOU GOOD OR YOU WANT ME TO STATE IT FOR THEM? YOU GO FOR IT, JENNIFER.

YOU WANT ME TO STATE IT AND THEN, YOU KNOW, PLEASE.

OK, SO POTENTIALLY A MOTION TO APPROVE WITH STAFF'S CONDITIONS, WITH THE EXCEPTION OF AN OPTION FOR THE DEVELOPER OR THE APPLICANT TO COME BACK BEFORE COUNCIL OR PLANNING BOARD AS APPLICABLE, TO REMOVE THE TIMING OF THE INSTALLATION OF THE TRAFFIC SIGNAL AND REMOVE ALL IN APPLICABLE STAFF COMMENTS.

MOVED. THANK YOU.

OK. WE HAVE A SECOND, SECOND.

OK, WE HAVE MOTION SECOND.

ANY FURTHER COMMENTS? ALL IN FAVOR. SAY I, I ALL OPPOSED MOTION CARRIES UNANIMOUSLY.

OK. JAKE.

PATRICK, NEXT CASE, PLEASE.

EVEN IN THIS CASE, ON THE AGENDA IS CASE PIDDY.

THIRTY FOUR, TWENTY TWENTY ONE.

BACKGROUND THE PROPERTY IS LOCATED THE FAR WESTERN BORDER OF PALM BAY BETWEEN MALBRUNOT AND THE C1 CANAL.

SPECIFICALLY, THE PROPERTY IS TAX PARCELS, 250, 251, 252 AND FIVE HUNDRED, ALL LOCATED IN SECTION THIRTY TO TOWNSHIP TWENTY EIGHT SOUTH RANGE THIRTY SIX EAST PEVAR COUNTY, FLORIDA. SELJUK PARCELS ARE VACANT UNDEVELOPED LANDS TOTALING APPROXIMATELY TWO HUNDRED AND NINETY FOUR POINT SEVEN ACRES.

PROPERTY IS BORDERED BY THREE MELBOURNE TILLMANN WATER CONTROL DISTRICT CANALS AND MALABA ROAD TO THE SOUTH TO THE NORTH AND THE ONE CANALS UNDEVELOPED LANDS ON AIYU AGRICULTURAL RESIDENTIAL AND BREVARD COUNTY DESIGNATION TO THE EAST OF CANAL NUMBER 57 AS LAND ZONE PMU PARKWAY MIXED USE, WHICH CONTAINS THE ST.

JOHNS PRESERVED COMMUNITY CURRENTLY UNDER CONSTRUCTION.

ALSO TO THE EAST IS HERITAGE HIGH SCHOOL ZONE G.U.

GENERAL USE LOCATED WEST OF CANAL 56 ORLAN ZONE JYOU GENERAL USE FOR KENNING DESIGNATION CONTAINING DISTRICT OPERATIONS FOR FLOOD WATER TREATMENT AND TO EXISTING HOMES ACROSS MALWARE ROAD IS UNDEVELOPED DISTRICT PROPERTY ZONE AIYU COUNTY ON AUGUST 15.

TWENTY SIX CITY COUNCIL GRANTED APPROVAL FOR ORDINANCE TWENTY SIX DASH TWENTY TWO WHICH APPROVED A FUTURE LAND USE MAP AMENDMENT TO CHANGE THE DESIGNATION OF THE SUBJECT PROPERTY FROM RESIDENTIAL USE OF OUR COUNTY TO SINGLE FAMILY RESIDENTIAL USE AND MULTIPLE FAMILY RESIDENTIAL USE CITY CATEGORIES.

THE APPROVAL INCLUDED THE FOLLOWING FOUR CONDITIONS.

ONE MAXIMUM DENSITY PERMITTED SHALL BE THREE UNITS PER ACRE.

TWO PERMITS FROM THE ST.

JOHNS RIVER WATER MANAGEMENT DISTRICT ARE REQUIRED PRIOR TO DISTURBING ANY WETLAND.

THREE TRAFFIC STUDIES REQUIRED PRIOR TO DEVELOPMENT TO DETERMINE SPECIFIC NEEDS TO THE

[01:20:04]

COST ALLOCATION INCLUDED WITH THE FDP OR PDP APPLICATION IS A CURRENT BOUNDARY SURVEY THAT VERIFIES THE SUBJECT PROPERTY TO MAINTAIN TWO HUNDRED AND NINETY FOUR POINT SEVEN ACRES AT A CAP DENSITY OF THREE ICEBREAKER.

THE MAXIMUM NUMBER OF RESIDENTIAL UNITS PERMITTED IS EIGHT HUNDRED AND EIGHTY FOUR.

SUBMITTAL IS FOR LESS THAN THIS MAXIMUM ALLOWANCE.

THE NEXT PARAGRAPH IS A LITTLE BIT OF AN OOPS.

SO WE'RE GOING TO BE REVISING THAT ONE.

I'M GOING TO READ THE REVISED PART.

THE OPINIONS ARE CURRENTLY SEEKING PRELIMINARY DEVELOPMENT PLAN APPROVAL.

THE PURPOSE OF THIS REQUEST IS TO ALLOW FOR THE DEVELOPMENT OF A SINGLE FAMILY AND MULTIPLE FAMILY RESIDENTIAL SUBDIVISION.

THIS PROJECT INCLUDES AN OVERALL DENSITY OF THREE UNITS PER ACRE.

THE AFGHAN FOR THIS REQUEST IS THE MALAMA HOLDING GROUP LLC, AND THEY ARE BEING REPRESENTED BY ON A SAUNDERS' ABC ENGINEERING CONSULTANTS.

THE PLANNING OF THE BOMBING IS A CONCEPT WHICH ENCOURAGES VARIATION IN RESIDENTIAL DEVELOPMENTS BY ALLOWING DEVIATION IN LOT SIZE TYPE OF DWELLINGS, DENSITY LIKE COVERAGE, SETBACKS AND OPEN SPACE FROM THOSE ELEMENTS REQUIRED IN ANY SINGULAR ZONING CLASSIFICATION. THE PURPOSE OF A PLANNING AND DEVELOPMENT IS TO ENCOURAGE THE DEVELOPMENT OF PLANNED RESIDENTIAL NEIGHBORHOODS AND COMMUNITIES THAT PROVIDE A FULL RANGE OF RESIDENCE TYPES, AS WELL AS COMMERCIAL USES DESIGNED TO SERVE THE INHABITANTS OF THE PROPOSED COMMUNITY. SPECIFICALLY, THE DEVELOPMENT PLAN, WHICH IS LABELED REZONING EXHIBIT, PROPOSES EIGHT HUNDRED AND SEVENTY NINE UNITS TO BE NAMED MALABA SPRINGS PD.

THIS TOTAL UNIT COUNT IS COMPRISED OF 230 MULTIFAMILY UNITS COMPRISED OF TOWNHOMES AND DUPLEXES, AND SIX HUNDRED AND FORTY NINE SINGLE FAMILY HOMES.

THERE ARE NO COMMERCIAL USES INCLUDED IN THIS PROJECT.

ACCORDING TO THE EXHIBIT, THERE WILL BE 29 TOWNHOME BUILDINGS WITH FOUR UNITS PER BUILDING AND 57 DUPLEX BUILDINGS WITH TWO NAMES PER BUILDING, WHICH ARE CALLED PECCADILLOS. THE TYPICAL TOWNHOME LOT WILL BE 92 FEET WIDE BY 100 FEET DEEP, AND TYPICAL DUPLEX BUILDING LOFT WILL BE 56 WIDE BY ONE HUNDRED AND TWENTY FEET DEEP.

10 FEET OF SEPARATION BETWEEN ALL RESIDENTIAL STRUCTURES IS PROPOSED.

ALL THE MULTIFAMILY DEVELOPMENT IS IN THE SOUTHEAST PORTION OF THE SITE.

THE MULTIFAMILY BUILDINGS ARE BEING CONSTRUCTED ON THE EAST SIDE OF THE ENTRANCE TO THE NEIGHBORHOOD FROM ALBAR ROAD FLANKING THE ENTRANCE ROADWAY ON THE WEST SIDE AS A 14 ACRE LAKE THAT IS DESIGNED TO MEANDER ITS BANKS TO PROVIDE A MORE NATURAL LOOK.

EXTENDING NORTH FROM THESE IMPROVEMENTS WILL BE THE SIX HUNDRED AND FORTY NINE SINGLE FAMILY HOMES. THEY WILL RANGE IN SIZE FROM 40 FEET WIDE, 50 FEET WIDE TO 60 FEET WIDE.

ALL SINGLE FAMILY LOCKS WILL INCLUDE A DEPTH OF ONE HUNDRED AND TWENTY FEET.

THE RESIDENTIAL BUILDINGS WILL SINGLE AND MULTIFAMILY.

SHE'LL HAVE A FRONT AND REAR SETBACK OF 20 FEET.

EXCEPT FOR THE 40 FOOT WHITE LINE LIGHTS, WHICH HAS A 15 FOOT REASSORTMENT INTERCONNECTED IN DETENTION POND, NINE IN TOTAL WILL SERVE AS THE STORM WATER TREATMENT SYSTEM FOR THIS PROJECT, WITH OVERFLOW STRUCTURES THAT DISCHARGE INTO THE EXISTING MELBOURNE TILLMANN CANALS THAT RUN ALONG THE EAST AND WEST SIDES OF THE PROPERTY.

THESE CANALS THEN DRAIN INTO THE SEA.

ONE CANAL ENGINEERED STORMWATER DESIGNS WERE REQUIRED FOR THE FINAL DEVELOPMENT PLAN.

SUBMITTAL PRIOR TO COMMENCEMENT OF CONSTRUCTION DESIGN SHALL BE APPROVED BY BOTH THE CITY'S PUBLIC WORKS DEPARTMENT AND THE DISTRICT.

THE INTERNAL ROAD NETWORK MUST BE DESIGNED TO MEET CITY STANDARDS, WHICH INCLUDES A MINIMUM OF 50 FOOT WIDE RIGHT OF WAY WITH CLOSE DRAINAGE FOR ALL ROADWAYS AND THUS FORMALLY REQUESTED FOR CITY ACCEPTANCE.

THE ROAD SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION AS PART OF THE FDP SUBMITTAL.

A TRAFFIC IMPACT ANALYSIS SHALL BE SUBMITTED THAT EXAMINES THE OVERALL PROJECT AND IDENTIFIES ANY NECESSARY ROADWAY IMPROVEMENTS.

IF THE PDP REQUEST IS APPROVED BY CITY COUNCIL, THE APPLICANT SHALL REQUIRED TO MEET WITH CITY REVIEW STAFF TO DISCUSS THE PARAMETERS AND METHODOLOGY FOR THIS STUDY.

POTENTIAL RIGHT AWAY NEEDS TURN LANES AND OTHER PROTECTIVE DEVICES SHALL BE DISCUSSED AND DETERMINED PRIOR TO PDP EFTPOS MIDDLE.

CITY WATER AND SEWER WILL BE EXTENDED FROM EXISTING NEARBY LINES AND PROVIDED TO ALL RESIDENTIAL UNITS AT THIS PHASE.

A 20 INCH PVC WATER MAIN AND A SIX INCH SEWER FORESMAN TERMINATE AT THE WESTERN DRIVEWAY, ACCESS TO HERITAGE HIGH SCHOOL.

THE DEVELOPER SHALL EXTEND THESE LINES.

OVERSIZE ZONING OF UTILITIES AT THE REQUEST OF UTILITIES DEPARTMENT WILL BE SUBJECT TO A REFUNDING AGREEMENT OR REFUNDABLE ADVANCE.

THE CITY'S 2017 WATER AND WASTEWATER MASTER PLAN IDENTIFIED PROPOSED MAIN LINE EXTENSIONS WERE CURRENT PIPE SIZING REQUIREMENTS.

THIS PLAN WILL BE USED TO DETERMINE THE IMPROVEMENTS.

THE UTILITY AGREEMENT SHALL BE EXECUTED PRIOR TO CONSTRUCTION PLAN APPROVAL.

SECTION ONE FIVE POINT ZERO SIX FIVE OF THE CITY'S COVID ORDINANCES REQUIRES A PLANNING DEVELOPMENT TO PERMANENTLY SET ASIDE AND DESIGNATED ON THE SITE PLAN RECREATIONAL AND OR OPEN SPACE FOR USE BY RESIDENTS OF THE PUDI, EQUALING TWENTY FIVE PERCENT OF THEIR PROJECT SITE ACREAGE A TWO HUNDRED NINETY FIVE ACRES, THE MINIMUM SET ASIDE SHALL SEVENTY

[01:25:04]

SUCH USABLE SPACE SHALL BE IN THE FORM OF ACTIVE OR PASSIVE RECREATION AREAS.

COMMON OPEN SPACE SHALL BE IMPROVED TO THE EXTENT NECESSARY TO COMPLEMENT THE RESIDENTIAL USES AND MAY CONTAIN COMPATIBLE AND COMPLEMENTARY STRUCTURES FOR THE BENEFIT ENJOYMENT OF THE RESIDENTS OF THE CITY.

THE PRELIMINARY DEVELOPMENT PLAN PROVIDES A BREAKDOWN STALING WITH THE MILLION SET ASIDE HAS BEEN MET VIA A PERIMETER AND INTERIOR OPEN SPACE TREKS TO TREE PRESERVATION AREAS, A THREE ACRE AMENITY SITE AND UP ON AREAS WITHIN THE STORM.

WARNER TRACKS AND WALKING TRAILS ALSO SHOWN AS PART OF THE F.T.

PEACE SUBMITTAL. THE TRAIL WITH A MATERIAL SHALL BE IDENTIFIED AS WELL AS ANY BENCHES OR GAZEBOS. THE OPEN SPACE TRACKS SHALL BE DESIGNATED FOR SUCH USE ON THE PLANT AND THE EXACT ACREAGE IS PROVIDED.

THE CITY SUBDIVISION CODE REQUIRES THE APPLICANT TO MAKE A CONCERTED EFFORT TO PRESERVE AS MANY OF THESE TREES AS POSSIBLE DURING THE SUBDIVISION PLAN REVIEW PROCESS, A TREE SURVEY IDENTIFYING ALL SPECIMEN TREES SHALL BE PROVIDED TO DETERMINE THE EXACT LOCATION AND TYPE FOR POSSIBLE PRESERVATION.

ALTHOUGH THE STANDARDS OF THE SUBDIVISION CODE, INCLUDING ROAD MATERIALS, SIDEWALKS, UTILITY CONSTRUCTION AND SIMILAR ITEMS SHALL BE MET INCLUDED WITH THE SIMENTAL OR SCHEMATICS FOR THE MASTER AMENITY BUILDING, WHICH WILL INCLUDE FRONT AND REAR PORCHES, A CATERING KITCHEN, GREAT ROOM CARDROOM AND RESTROOMS. ALTHOUGH COMPLETED PLANS HAVE NOT BEEN PROVIDED, AN EXHIBIT DOES SHOW THE MINUTI BUILDING ATTACHED TO A T SHAPE SWIMMING POOL SURROUNDED BY A DECK AND LOUNGE CHAIRS.

ARTIST RENDERINGS OF POTENTIAL RESIDENTIAL STRUCTURES HAVE BEEN SUBMITTED TO PROVIDE THE CITY WITH VISUAL REPRESENTATION OF THE FUTURE LIVING OPTIONS, CONDITIONS TO RECEIVE PRELIMINARY PLANNING AND APPROVAL.

THE PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION ONE EIGHTY FIVE POINT ZERO SIX SIX OF THE CODE OF ORDINANCES UPON REVIEW.

IT APPEARS THAT THE QUESTION IS IN CONFORMANCE WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION. SUBJECT TO THE FOLLOWING ITEMS BEING SUBMITTED WITH A FINAL PUDI APPLICATION.

A PRELIMINARY SUBDIVISION PLAT IN OPINION OF TITLE, DECLARATION OF COVENANTS AND RESTRICTIONS, ESTABLISHING DEVELOPMENT STANDARDS, CONSTRUCTION DRAWINGS, A CONCURRENCY DETERMINATION LETTER FROM THE SCHOOL BOARD OF REVATHI COUNTY, SUBMISSION OF AN ENDANGERED SPECIES ASSESSMENT, A TRAFFIC IMPACT ANALYSIS THAT INCLUDES THE AM AND PM TRIP GENERATIONS IN CONFORMANCE WITH IT GENERATION MANUAL, 10TH EDITION, A SPLIT RAIL FENCE OR OTHER ALTERNATIVE DESIGN TO ENCLOSE THE NINE POINT TWENTY FIVE ACRE MELBOURNE TILLMANN EASEMENT LOCATED IN THE SOUTHWEST PORTION OF THE SITE AND LANDSCAPE PLAN SHOWING SHADE TREES PLANTED AROUND THE FOURTEEN ACRE LAKE AT THE PROJECT ENTRANCE AND ANY OTHER STREET TREES AND OR LANDSCAPING WITHIN THE COMMON AREAS.

LASTLY, TECHNICAL STAFF REVIEW COMMENTS ARE ATTACHED TO THIS REPORT.

STAFF RECOMMENDATION CASE PIDDY.

THIRTY FOUR TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL SUBJECT TO THE STAFF COMMENTS END OF QUESTIONS. YOU MAY HAVE THE BOARD TO HAVE ANY QUESTIONS FOR STAFF.

WELL, ONE QUESTION, THAT ROAD LEADING LEADING IN THERE IS IS STILL CURRENTLY THERE.

WHO'S GOING TO TAKE CARE OF? PAVING THAT ROAD, THERE'S NO ROAD LEADING INTO THE PROJECT RIGHT NOW OTHER THAN THE ACCESS TO THE MELBOURNE TILLMANS, THEY'RE GOING TO CREATE A NEW ROAD IN THE CENTER OF THE PROPERTY. I'M TALKING ABOUT A MALABA.

ONCE YOU GET PAST THE HIGH SCHOOL, IT'S ALL THERE.

SO AS PART OF THIS DEVELOPMENT, THEY'D BE REQUIRED TO CONSTRUCT THE REMAINDER OF THAT ROADWAY UP TO AT LEAST THEIR ENTRANCE, IF NOT TO THE END OF THE PROJECT OF THE PARCEL.

THAT'S GOING TO BE DISCUSSED WITH PUBLIC WORKS STAFF WHEN THEY COME IN BEFORE THEY'RE ETB. SO THAT IS IRONED OUT.

BUT THAT WOULD NOT BE A CITY ROAD CONSTRUCTION PROJECT.

WE WOULD NOT EXTEND THE ROAD THE DEVELOPER WOULD BE REQUIRED TO.

THE OTHER QUESTIONS FOR STAFF.

THANK YOU, PATRICK. AT THIS POINT, I WILL OPEN THE PUBLIC HEARING AND ASK THE DEVELOPER'S REPRESENTATIVE TO COME TO THE PODIUM.

EVENING, ANNA SAUNDERS WITH BBC CONSULTANTS.

QUITE HONESTLY, AFTER THAT PRESENTATION, I'M NOT SURE WHAT I COULD ADD.

PATRICK PATRICK IS, AS ALWAYS, EXTREMELY THOROUGH.

I GUESS THE ONE THING I CAN CAN ADD IS THAT WE'VE READ THROUGH THE STAFF REPORT.

WE ARE HAPPY TO COMPLY WITH ALL THE CONDITIONS OF APPROVAL.

WE DID HAVE A COMMUNITY MEETING.

WE HAD ONE MEMBER, MR. TOM BAILEY. HE'S HERE IN THE AUDIENCE THIS EVENING, AND I BELIEVE HE WANTS TO SPEAK AS WELL. IT WAS A GREAT MEETING.

AND IF YOU HAVE ANY QUESTIONS FOR US, PLEASE ASK THE DEVELOPERS, THE DEVELOPERS ALSO IN THE AUDIENCE AND SUPPORT HAVE ANY QUESTIONS.

THANK YOU. AT THIS POINT, WHEN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED THEIR.

HELLO, YES, MY NAME IS TOM BAILEY, AND I LIVE AT THE WEST END OF MALAMA ROAD.

THAT'S A UNPAVED PORTION ABOUT A HALF MILE PAST THE SCHOOL.

[01:30:04]

THAT PROPERTY WAS PURCHASED ABOUT 25 YEARS AGO AS A ST.

JOHN'S WATER MANAGEMENT BUFFER ZONE FOR THE ST.

JOHN'S RIVER. APPARENTLY NOW IT'S NOT A CRUCIAL PIECE OF PROPERTY, SO THEY WANT TO DEVELOP IT. BUT ANYWAY, THE PROBLEM IS YOU HAVE THE THE ST.

JOHN'S HERITAGE HIGH SCHOOL THERE.

THEY HAVE, I BELIEVE, 2500 STUDENTS.

THE ONLY ROAD THEY HAVE PROPOSED IS WEST OF THE SCHOOL THERE.

AND THERE ARE APPROXIMATELY 500 CARS, I'M GOING TO SAY, FROM WHAT MY STUDY AND WHAT I'VE SEEN. THEY COME IN AND OUT OF THERE.

THIS ACCORDING TO GOOGLE.

EIGHT HUNDRED AND SEVENTY NINE HOUSES ARE GOING TO PRODUCE ABOUT 6500 CARS, A LITTLE LESS THAN TWO PER HOUSEHOLD.

ALL THOSE ARE GOING TO HAVE TO COME PAST HERITAGE HIGH SCHOOL ONCE IN THE MORNING, ONCE IN THE EVENING. I SPOKE WITH SOME OF THE POLICE OFFICERS OUT THERE AS FAR AS THE CONGESTION RIGHT NOW.

I DON'T THINK IT'S A GOOD IDEA UNLESS THEY CAN GET ANOTHER ACTUALLY PRIMARY.

THAT WOULD MAKE MAYBE MAKE A GOOD SECONDARY ACCESS ON MALABA ROAD.

THAT DOESN'T LOOK LIKE THERE'S ANY POSSIBILITY TO THE NORTH.

SINCE THEN, MELBOURNE TILLMANN CANAL IS THERE.

YOU COULDN'T TAKE A ROAD EAST.

IT WOULD TAKE YOU OUT RIGHT BY THE HERITAGE PARKWAY BRIDGE.

I DON'T KNOW THAT MADE ANY PLANS.

IT DOESN'T LOOK LIKE IT ON THEIR ON THEIR SKETCH.

MAINLY PLANS WITH THE DEVELOPMENT TO THE EAST OF HERITAGE HIGH SCHOOL AS FAR AS A SECOND ROAD IN OR OUT.

SO I THINK THIS IS GOING TO MAKE A REAL CONGESTION PROBLEM FOR ALL THE PARENTS, TEACHERS AND STUDENTS OF THE HIGH SCHOOL.

IT LOOKS LIKE TO ME THAT IT'S GOING TO BE QUITE.

CONDENSED, QUITE DENSE, DENSELY POPULATED.

I'VE LIVED OUT THERE FOR 29 YEARS.

I BELIEVE I HAVE THE ONLY PRIVATE PIECE OUT AROUND THAT AREA OTHER THAN A NEW DEVELOPMENT THAT'S GOING IN. SO THAT'S MY MAIN CONCERNS.

LIKE I SAY, THERE'S NO ROADWAY TO THE SOUTH.

EVERYTHING WILL HAVE TO GO PAST THE HIGH SCHOOL.

AND IT'S ALREADY CONGESTED OUT THERE NOW.

THE HIGH SCHOOLS IN A GREAT PLACE.

BUT ONCE YOU START BUILDING PAST IT, I THINK YOU'RE GOING TO MAKE A LOT OF PROBLEMS. AND I DON'T SEE ANY GOOD WAY THAT THEY'RE GOING TO RECONCILE IT.

AND I BELIEVE THAT'S ALL I NEED TO SAY.

OKAY, THANK YOU VERY MUCH.

MR., REALLY? IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK THEIR.

KEVIN VELE, 12 18, CEILI CIRCLE NORTHWEST.

I TRAVEL THROUGH THAT INTERSECTION ALMOST EVERY DAY.

MALABA ROAD AND ST.

JOHN'S HERITAGE PARKWAY.

IN THE MORNINGS, ESPECIALLY AROUND EIGHT, EIGHT, 15, YOU OUT THERE, IT'S VERY CONGESTED.

IF THERE'S ANY KIND OF ACCIDENT OR ANYTHING, IT'S IT TAKES A VERY LONG TIME TO GET THROUGH THERE. COMING HOME IN THE AFTERNOON, IF SCHOOL IS LET OUT OR IF THEY HAVE A FOOTBALL GAME OR SOMETHING OUT THERE, YOU WILL SEE IT ON ST.

JOHN'S HERITAGE PARKWAY WAITING TO COME OUT ONTO MALABAR ROAD ANYWHERE FROM 30 MINUTES TO AN HOUR. AND IT IS.

IT IS A PROBLEM AT TIMES.

SO I'M JUST CONFIRMING THAT THE TRAFFIC CONGESTION, IN MY OPINION, MUST BE A CONSIDERATION WHEN CONSIDERING APPROVAL OF THE SUBDIVISION.

THANK YOU VERY MUCH. OK, THANK YOU, MR. BAILEY. IS THERE ANYONE ELSE IN THE AUDIENCE, SIR? YOU'VE ALREADY HAD THE OPPORTUNITY TO SPEAK.

ANYONE ELSE WOULD YOU LIKE TO RESPOND TO SOME OF THOSE CONCERNS? SO WITH RESPECT TO TRAFFIC, I'M PART OF THE CONDITION OF APPROVAL, AND MR. MURPHY MENTIONED THIS IS TO PROVIDE A TRAFFIC STUDY.

WHAT THAT STUDY DOES, JUST FOR THE EDIFICATION OF EVERYBODY, IS IT IT IT GRABS ALL THE BACKGROUND TRAFFIC FOR NOT ONLY THE SCHOOL, NOT ONLY THE COMMUNITY, JUST IMMEDIATELY TO THE ST. JOHN'S RESERVE, BUT ALL THE COMMUNITIES TO THE NORTH THAT ARE ALSO HAPPENING FURTHER EAST AS YOU GO ALONG MALABAR ROADS THAT ARE BE TUMIN LAKES OR CHAPARRAL, WHICHEVER PROJECT YOU WANT TO CALL IT.

THERE'S SEVERAL PROJECTS IN THAT QUEUE.

IT'LL PICK UP ALL OF THAT BACKGROUND TRAFFIC IN AND RUN AN ANALYSIS AND SHOW YOU AT WHAT POINT IN TIME DOES THE INTERSECTION OF THE PARKWAY AND MALABA ROAD NEED TO BE SIGNALIZED? HAD SOME CONVERSATIONS WITH FRANK WATANABE ABOUT THE TIMING OF THAT.

THAT'S ALREADY IN THE WORKS CURRENTLY PRIOR TO THIS PROJECT COMING ONLINE.

SO AGAIN, ANY TRAFFIC IMPROVEMENTS IN DIRECT EFFECT OF THIS THIS PROJECT OR A COMBINATION OF PROJECTS THEREOF? THERE'S A THRESHOLD THAT'S TRIPPED, YOU KNOW, WHETHER IT'S, YOU KNOW, WIDENING A PORTION OF THAT ROAD, ADDING TURN LANES THAT WILL BE REFLECTED IN THAT TRAFFIC REPORT THAT WILL BE SUBMITTED TO STAFF AND ALSO IN THAT REPORT.

[01:35:03]

THE METHODOLOGY OF THAT TRAFFIC REPORT IS SOMETHING THAT GETS DISCUSSED AND AGREED UPON UPFRONT. SO THERE'S NOT ANY, YOU KNOW, ARGUING ON WHAT THE RESULTS OF THAT STUDY ARE.

THAT'S SOMETHING THAT THE CITY ENGINEER WORKS CLOSELY WITH THE TRAFFIC ENGINEER ON TO MAKE SURE THAT THEY'RE BOTH ALIGNED AND ON THE SAME PAGE SO THAT WHEN THE RESULTS COME OUT, EVERYBODY AGREES WITH THOSE RESULTS IN JUST SECONDARY ITEM, NOT THAT IT WAS SPECIFICALLY NOTED, BUT WITH RESPECT TO THE SCHOOL, BECAUSE RIGHT NOW WE KNOW THAT THERE ISN'T THE ABILITY FOR THE SCHOOL TO KIND OF BYPASS THAT INTERSECTION IN THE EVENT OF SOME SORT OF EMERGENCY SITUATION.

THE ST. JOHN'S PRESERV COMMUNITY THAT'S CONSTRUCTED DIRECTLY EAST OF AND AROUND THE SCHOOL ACTUALLY PUT IN AN EMERGENCY ACCESS FOR THEM.

THE SCHOOL HAS IT'S A LOCKED SYSTEM, A GATED SYSTEM.

THE PRINCIPAL IS THE ONLY ONE WHO HAS THE KEY.

SO IF THERE IS SOME SORT OF EVENT THAT HAPPENS, THEY DO HAVE A SECONDARY BYPASS METHOD TO GET THROUGH THAT INTERSECTION AND AVOID IT.

THANK YOU. YOU'RE WELCOME. AT THIS POINT, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION.

I SHOULD REPROVED 34, 20, 21 SUBJECT TO THE STAFF COMMENTS.

OK, MOTION ON A SECOND, ANY FURTHER DISCUSSION? NONE ALL IN FAVOR, SAY AY AY, ALL OPPOSED MOTION CARRIES UNANIMOUSLY.

THAT BRINGS US TO OUR NEXT CASE, GRUESOME.

IS 36, 2021 IS A TEXTUAL AMENDMENT TO THE CODE OF ORDINANCES, CHAPTER 185 ZONING CODE, SECTION EIGHTY FIVE POINT ZERO FOUR OR FIVE LIGHT INDUSTRIAL WAREHOUSING DISTRICT READING 185 E WHAT, EIGHTY FIVE POINT ZERO FOUR FIVE SIX.

THIS IS TO ALLOW FOR TREE AND LANDSCAPE RECYCLING BUSINESSES AS A CONDITIONAL USE IN THIS DISTRICT. THE APPLICANTS FOR THIS AMENDMENT ARE MICHAEL AND LISA KRAM, OWNERS AND FLAWLESS OF FOREST LAWN CARE AND LANDSCAPING.

THE APPLICANTS ARE LOOKING TO EXPAND THEIR OPERATIONS AND INCLUDE A TREE AND LANDSCAPE RECYCLING BUSINESS WITHIN THE CITY OF PALM BAY.

AT PRESENT, THE ONLY PROPERTY IS OWNED BY HEAVY INDUSTRIAL.

WHERE THIS USED TO BE ALLOWED IS A ONE POINT TWENTY FIVE ACRE PARCEL ON WILHEMINA COURT NORTHEAST. A TREE AND LANDSCAPE RECYCLING BUSINESS TYPICALLY INVOLVES LARGE INDUSTRIAL EQUIPMENT, INCLUDING SIPPERS, GRINDERS, SHREDDERS AND OTHER RELATED MACHINERY TO BREAK DOWN TREE AND YARD WASTE INTO MULCH, COMPOST AND BIOMASS.

THE MULCH, COMPOST OR OTHER BROKEN DOWN MATERIAL IS THEN SOLD TO CUSTOMERS ON SITE BY PLACING THE MATERIAL DIRECTLY INTO A TRUCK BED OR INTO BAGS.

ANALYSIS, THE CITY'S ZONING CODE IS BASED ON CONSISTENT WITH RELATED TO ADOPTED, TO EFFECTUATE AND IMPLEMENT THE POLICIES OF THE CITY COMPREHENSIVE PLAN IN ORDER TO PROTECT, PRESERVE AND IMPROVE THE PUBLIC HEALTH, SAFETY ORDER, APPEARANCE, CONVENIENCE AND WELFARE OF THE INHABITANTS OF THE CITY, INCLUDING, BUT NOT LIMITED TO LESSENING CONGESTION IN THE STREETS, ENCOURAGING THE MOST APPROPRIATE USE OF LAND, WATER AND RESOURCES, PROVIDING ADEQUATE LIGHT AND AIR, SECURING SAFETY FROM FIRE AND OTHER DANGERS.

PREVENTING THE OVERCROWDING OF LAND.

PRESENTING THE CHARACTER AND STABILITY OF RESIDENTIAL, COMMERCIAL AND INDUSTRIAL AND OTHER AREAS. FACILITATING THE ADEQUATE PROVISIONS FOR TRANSPORTATION, WATER SUPPLY, SEWERAGE, DRAINAGE, SANITATION, RECREATION, SCHOOLS, HOUSING AND OTHER SERVICES.

AND EACH CONSERVING ENHANCING THE STANDARD OF LIVING WITHIN THE CITY.

THE PROVISIONS OF THE LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT ARE INTENDED TO APPLY TO AN AREA WHICH CAN SERVE LIGHT MANUFACTURING, WAREHOUSING, DISTRIBUTION, WHOLESALING AND OTHER LIGHT INDUSTRIAL FUNCTIONS FOR THE CITY AND REGION.

LOT SIZES AND OTHER RESTRICTIONS ARE INTENDED TO ENSURE SUFFICIENT OPEN SPACE AND MINIMIZE ADVERSE IMPACTS OF INDUSTRIAL USE OFF SITE INTO NONINDUSTRIAL USES.

WHILE THE APPLICANT HAS PROPOSED THE TEXT AMENDMENT FOR TREE AND LANDSCAPE RECYCLING AS A CONDITIONAL USE IN THIS DISTRICT, STAFF HAS DRAFTED THE AMENDMENT AS BEST SUITED FOR THIS PROPOSED USE IN THIS DISTRICT WITH REGARD TO THE PURPOSE OF THE ZONING ORDINANCE AND THE INTENT OF THE LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT.

THIS AMENDMENT WOULD CREATE THE OPTION FOR A TREE IN LANDSCAPE RECYCLING BUSINESS TO OPERATE WITHIN THE ELAI DISTRICT.

PROVIDED THEY RECEIVED A CONDITIONAL USE PERMIT, ADHERE TO PROVISIONS OF THE PROPOSED AMENDMENT AS THEY ARE DRAFTED TO PRESERVE AND PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THESE PROVISIONS INCLUDE A MINIMUM LOT SIZE OF FIVE ACRES AND EIGHT FOOT TALL, OPAQUE FENCE OR WALL INCREASE SETBACKS BETWEEN OPERATIONS AND THE PROPERTY LINE.

AMENDMENT BUFFER BETWEEN OPERATIONS IN ANY RESIDENTIAL ZONE.

LAND LIMITATION ON OPERATING HOURS AND ADHERENCE TO THE CITY'S NOISE ORDINANCE.

AND YOU CAN SEE LATER ON THE ATTACHMENT, HOW IT IS WRITTEN STAFF RECOMMENDATION, CASEY 36 2021 IS RECOMMENDED FOR APPROVAL.

THE APPLICANTS ARE IN ATTENDANCE AND I AVAILABLE TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE. OR HAVE ANY QUESTIONS FOR STAFF.

THANK YOU, GRAYSON. WELL, THE APPLICANT IS COME TO THE PODIUM.

[01:40:14]

LISA AND MICHAEL OWN A LOCAL BUSINESS HERE IN IN PALM BAY, AND THEY'RE LOOKING TO EXPAND TO TO NEW USES.

AND ONE OF THE THINGS THAT THEY WANTED TO DO IS, IS TO EXPAND INTO THE RECYCLING LAND CLEARING, RECYCLING BUSINESS.

THEY'VE BEEN LOOKING AROUND FOR AREAS WHERE THEY CAN DO THAT.

AND I'VE BEEN IN BEEN HELPING THEM TO LOOK FOR THESE PROPERTIES.

WHEN WE LOOK AT THE PART LOOKED AT THE PALM BAY CODE, THERE WAS NO ALLOWANCE FOR THAT.

AND YOU LOOK AT OTHER MUNICIPALITIES, SUCH AS MELBOURNE, BOVARD COUNTY, ET CETERA, THE LANDFILL AND RECYCLING USES WERE ALLOWED IN THE LIGHT INDUSTRIAL.

WE THEREFORE MET WITH STAFF TO DISCUSS THIS IDEA WITH THEM, AND THEY'VE BEEN VERY COOPERATIVE IN HELPING US ALONG AND UNDERSTANDING THE NEED FOR SOMETHING LIKE THIS.

RIGHT NOW, YOU HAVE LAND CLEARING, DEBRIS GOING, WHO KNOWS WHERE, AND A LOT OF IT GOES INTO THE LANDFILLS IN THE LANDFILLS ARE FILLING UP.

WHAT THEY WAY THEY PROPOSE TO BE DOING IS RECYCLING IT, UTILIZING IT AS MULCH OR LANDSCAPING AND FOR BIOFUELS.

AND THAT'S THE EXTENT OF THE BUSINESS THAT THEY WANT TO DO.

WE'RE IN AGREEMENT WITH THE CONDITIONS THAT HAVE BEEN WRITTEN INTO THE CODE.

IF YOU HAVE ANY OTHER QUESTIONS ABOUT THE BUSINESS WORLD, WE FEEL FREE TO ANSWER THEM.

OR HAVE ANY QUESTIONS FOR THE APPLICANT.

I DO. AND SO RIGHT NOW, WE'RE JUST YOU HAVEN'T LOCATED A PROPERTY TO DO THIS AT.

ACTUALLY, THERE IS A PROPERTY THAT'S LOCATED.

BUT IT'S NOTHING'S FINAL AT THIS AT THIS POINT IN TIME.

AND ANYTHING THAT WE FIND IS GOING TO HAVE TO HAVE LIGHT INDUSTRIAL ZONING.

JUST TO JUST TO CLARIFY, THIS IS JUST A TEXTURAL AMENDMENT TO ALLOW THIS TYPE OF DEVELOPMENT IN AN L.A.

ZONED AREA.

THEY WILL STILL HAVE TO COME BACK AND APPLY FOR CONDITIONAL USE.

CORRECT. SO THEY.

YES. SO ANY OF THIS USE WILL REQUIRE CONDITIONAL USE.

SO, FOR EXAMPLE, IF THERE'S A LIGHT INDUSTRIAL THAT'S ASSOCIATED WITH A LOT OF OTHER THINGS WHERE STAFF OR COUNCIL OR THE RESIDENTS FEEL IT'S NOT.

APPROPRIATE. IT COULD IT COULD BE TURNED DOWN AT THAT TIME.

AND GO AHEAD, GO AHEAD, YOU HAD A QUESTION? NO, I WAS JUST MAKING A QUICK.

WELL, HEY, WELL, NO, I WAS JUST SAYING I LIKE IT AND I LOVE THE IDEA THAT THE THAT WE WILL BE ABLE TO DO THAT WITHIN THE LIGHT INDUSTRIAL ZONING.

SO I'M ALL FOR OR THIS TEXTUAL AMENDMENT.

MY ONLY CONCERN WAS, YOU KNOW, THE NOISE AND THAT SORT OF THING.

SO WHEN YOU COME BACK.

WELL, WHEN WHEN WHEN WE MET WITH STAFF ORIGINALLY, WE THEY WERE PRESENTED SOME OF THE NOISE DATA AND THE NOISE DATA WILL EASILY COMPLY WITH YOUR WITH WITH CODE, BUT.

AND THE OTHER QUESTION FOR THE APPLICANT.

THANK YOU, SIR. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK? BILL? HE'LL BE OUT IN 586 OCEAN, SPREY STREET, SOUTHWEST.

I HAVE A COUPLE OF QUESTIONS ON THIS ONE.

ONE, ARE THEY GOING TO MAINTAIN THE MULCH MATERIAL ON SITE OR IS IT GOING TO BE IN ANOTHER LOCATION? BECAUSE FOR MAINTAINING OF BIO BIO WASTE MATERIAL, IT DOES HAVE A TENDENCY TO CREATE A SECONDARY PROBLEM.

AND IF THEY DO THAT, ARE THEY GOING TO BE ARE THEY GOING TO BE BUILDING THE SECONDARY CONTAINMENT SYSTEM FOR THAT, FOR THE THE DEGRADE? SECOND, THE SECOND QUESTION WITH THAT WAS THE NOISE.

AND RUNNING UP THE MULCHING MACHINES, THEY'RE GOING TO THEY'RE GOING TO BE KEEPING THE SITE ON JUST FOR RUNNING THE MULCHING MACHINES SO THEY THEY ARE SIGNIFICANTLY NOISY.

I'M NOT SURE IF THEY'RE GOING FOR THE FULL SCALE DROP IN FROM THE TOP OR IF THEY'RE GOING SOFT, SMALL SCALE.

THAT'S JUST FILM, EIGHT INCH RECEIVE OR NOT.

I DON'T KNOW WHICH ONE THEY'RE GOING TO BE GOING FOR.

BUT IN THE FACT THAT IT'S.

JUST THE LAND MASS AREA FOR THE DECOMPOSING MATERIAL TAKES UP A SIGNIFICANT AMOUNT OF RESOURCE ALONG WITH THE NOISE.

THANK YOU VERY MUCH, MR. DO YOU WANT TO RESPOND TO THAT? AH, LET THE THE APPLICANT IN SAY A FEW THINGS ON IT.

[01:45:04]

SO WHILE WE'RE ALLOWING THEM TO STORE ANY OF THE MULCH OR ANYTHING ON THE PROPERTY CLOSER TO THIS PROPERTY LINES, THEY CAN OPERATE ANY MACHINERY WITHIN 100 FEET OF ANY PROPERTY LINE. AND BECAUSE WE DO HAVE SOME LIGHT INDUSTRIAL, ESPECIALLY OFF OUR NATION PARK THAT IS ADJACENT TO RESIDENTIAL, WE'VE INCLUDED A TWO HUNDRED AND FIFTY FOOT BUFFER BETWEEN THAT PROPERTY LINE AND ANY MACHINERY THEY OPERATE.

SO WE WERE THINKING ABOUT THE NOISE AND ANY KIND OF WOOD THAT MAY GO OUT OF THE MACHINERY. WE WERE THINKING THAT IN HERE.

AND TO ALSO MENTIONED THE NOISE ITEM F DOES IT STILL MEANS THEY HAVE TO MEET ANY REQUIREMENTS OF THE NOISE ORDINANCE ALREADY WRITTEN IN CHAPTER 92.

AGAIN, THAT WOULD BE, YOU KNOW, CONSIDERED IT WHEN THEY APPLY FOR A CONDITIONAL USE.

SO YOU HAD SOMETHING ON OFF ON TO.

YES, I'D JUST LIKE TO COMMENT ON THE NOISE AT APPROXIMATELY ONE HUNDRED AND FIFTY FEET, THE LARGEST MACHINE THAT YOU CAN BUY THAT DOES THIS WORK IS QUIETER THAN THE AVERAGE CONSISTENT TRAFFIC ON BABCOCK.

OH, MICROGRAM. OH, SORRY.

MICHAEL KRAM, AND I'M THE OWNER.

I STARTED FLAWLESS LAWN CARE HERE IN PALM BAY.

WE DO A LOT OF WORK WITH THE CITY AND LOOKING TO CONTINUE.

WE ALSO WANT TO USE THIS PROCESS IN THE EVENT OF A HURRICANE AS A HUB THAT THE CITY CAN BRING THEIR TRASH. WE CALL IT TRASH, BUT IT'S TREES AND WHATNOT.

BRING THAT TO US SO WE CAN RECYCLE AND GET RID OF IT EVEN FASTER THAN, AS YOU GUYS KNOW, WHEN THE STREETS ARE LINED WITH HURRICANE DEBRIS FOR MONTHS AND MONTHS AT A TIME.

A CENTRAL HUB WILL ALLOW IT TO DISSIPATE MUCH FASTER IN REGARDS TO THE MOST HOLDING.

THE GOAL IS NOT TO HOLD ANY MOTIVE TO GET IN AND OUT THROUGH THE RECYCLING PROCESS.

ONCE IT GOES THROUGH THAT MACHINE, WE TRY TO GET INTO ANOTHER TRAILER AND THEN GET IT OUT. SO THE GOAL WOULD BE, I MEAN, 60 DAYS AT BEST, BUT I DON'T THINK YOU ARE GOING TO WARRANT ANY SORT OF DECOMPOSITION SMELL OR ANYTHING ASSOCIATED WITH IT WON'T BE HELD ON SITE FOR LONG TERM. CORRECT.

OKAY. THANK YOU. I WILL CLARIFY THAT THESE CONDITIONS ARE BUILT IN THE BOARD OR COUNCIL MAY ADD ANY HERE OR AS THEY COME IN FOR CONDITIONALLY AS PERMIT.

THEY MAY ADD ANY SITE SPECIFIC CONDITIONS AT THAT TIME.

IMMIGRATION, IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK? NONE OF THOSE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION.

MOTION TO APPROVE T 36 2021.

EMOTION AND SECOND, ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY I OPPOSED MOTION CARRIES UNANIMOUSLY.

OUR NEXT CASE, PLEASE.

CHRIS, YOU'RE BACK UP. BEFORE WE GO TO THE NEXT CASE, WHO IS THE SECOND THAT ACTUALLY SAID IT? BECAUSE IT WAS SET AT THE SAME TIME.

BUT, DON, I THINK WE BOTH SAID AT THE SAME TIME, SO ANYONE YOU WANT TO TAKE A, YOU KNOW, LEAD A SECOND IS. ALL RIGHT, OUR NEXT CASE IS A CITY CASE PALM BAY UTILITIES.

HE SAID HE RECEIVED THIRTY SEVEN, TWENTY, TWENTY ONE.

BACKGROUND SUBJECT PROPERTY IS LOCATED SOUTH OF AN ADJACENT TO CAVITT DRIVE, NORTHEAST OF SYDNEY, EAST OF BIANCA DRIVE, NORTHEAST, SPECIFICALLY LOT 22, BLOCK NINE PORT MALABA UNIT TO SECTION 25 TOWNSHIP TWENTY EIGHT RANGE THIRTY SEVEN FROM OUR COUNTY, FLORIDA.

THE REQUEST INCLUDES APPROXIMATELY POINT TO NINE ACRES OF LAND.

THE CITY OF PALM BAY PURCHASES PROPERTY IN 2017 AND REMOVED THE PREVIOUS HOUSE THAT WAS BUILT IN 1978 IN TWENTY EIGHTEEN.

THE SITE CONTAINS THE FIRST EVER LIFT STATION INSTALLED BY GENERAL DEVELOPMENT UTILITIES IN 1973 ANALYSIS.

THE APPLICANT IS LOOKING TO REMOVE THE EXISTING ANTIQUATED LIFT STATION AND INSTALL NEW MODERN LIFT STATIONS TO SERVE THE NEEDS OF THE CITIZENS OF PALM BAY.

CODE REQUIREMENTS TO BE GRANTED CONDITIONAL USE APPROVAL REQUESTS ARE EVALUATED UPON ITEMS A THROUGH I OF THE GENERAL REQUIREMENTS AND CONDITIONS OF SECTION TWENTY FIVE POINT ZERO EIGHT. SEVEN OF THE CODE OF ORDINANCES OR VIEW OF THESE ITEMS IS AS FOLLOWS.

ITEM A IS WITH ADEQUATE INGRESS AND EGRESS.

THE SITE HAS AN EXISTING DRIVEWAY THAT HAS REMAINED IN OPERATION OF KABAT DRIVE NORTHEAST TO PROVIDE ADEQUATE INGRESS AND EGRESS FROM THE SITE.

E DEALS WITH ADEQUATE OFF STREET PARKING AND LOADING AREAS.

OFFSHOOT PARKING HAS NOT BEEN PROVIDED, HOWEVER, AN ADEQUATE STANDING AREA FOR PUBLIC UTILITY VEHICLES HAS BEEN PROVIDED.

ITEM C. ADEQUATE AND PROPERLY LOCATED UTILITIES ARE AVAILABLE OR MAYBE RECENTLY PROVIDED TO SERVE A PROPOSED DEVELOPMENT.

THE CONDITIONAL USE WILL ALLOW FOR ADEQUATE SEWER SERVICE FOR ALL THOSE SERVICE FROM THE SLUFF STATION. THERE WILL BE AN EXTENSION OF A POWER OF POWER FROM ITS EXISTING LOCATION, AS WELL AS A TWO INCH WATER LINE OR ONSITE MAINTENANCE RD.

ADEQUATE SCREENING AND BUFFERING, ADEQUATE SCREENING AND BUFFERING HAVE BEEN PROVIDED AND

[01:50:01]

ITEMS FDR YARDS AND OPEN SPACE, THE YARD AND OPEN SPACE REQUIREMENT OF THE ZONING CODE HAVE BEEN MET. THE NEW STATION WILL BE CONSTRUCTED IN THE CENTER OF THE LOT.

THE PROPOSED USE WILL NOT CONSTITUTE A NUISANCE OR HAZARD BECAUSE OF THE NUMBER OF PERSONS WHO ATTEND THE USE OF THE FACILITY OR BECAUSE OF A HECKLER MOVEMENT, NOISE FUME GENERATION OR TYPE OF PHYSICAL ACTIVITY.

I PROPOSE FOR SYLOTI WILL NOT CONSTITUTE A NUISANCE OR HAZARD TO THE SURROUNDING RESIDENTS, AS ELICITATION HAS DESIGNED IN A WAY THAT MINIMIZES NOISE AND FUMES.

AND WHAT IS CURRENTLY THERE, THE VEHICULAR MOVEMENT WILL BE STRICTLY RESTRICTED TO MAINTENANCE, ONLY PACITY STANDARDS, AND I'M H USED IN THE PROPOSED DEVELOPMENT WOULD BE COMPATIBLE WITH THE EXISTING OR PERMITTED USES OF ADJACENT PROPERTIES.

PHILIP STATION IS PERMITTED VIA CONDITIONAL USE IN THE RS2 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. THE LIMITATION IS COMPATIBLE WITH THE SURROUNDING PROPERTIES.

ITEM I DEVELOPMENT AND OPERATION OF THE PROPOSED USE WILL BE IN FULL COMPLIANCE WITH ANY ADDITIONAL CONDITIONS AND SAFEGUARDS WHICH THE CITY COUNCIL MAY PRESCRIBE.

THE BOARD AND COUNCIL HAVE THE AUTHORITY AND RIGHT TO IMPOSE ANY ADDITIONAL UNJUSTIFIABLE SAFEGUARDS AND OR CONDITIONS TO ENSURE THAT THE FACILITY OPERATES SAFELY AND HARMONIOUSLY WITH ITS SURROUNDING STAFF.

CONCLUSION MOTION TO APPROVE C 37 2021.

BEING SAID, I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

AND WE DO HAVE A REPRESENTATIVE FOR THE UTILITIES DEPARTMENT HERE.

THANK YOU, CHRIS. AS THE BOARD HAVE ANY QUESTIONS FOR A STAFF? THERE'S JUST ONE QUICK QUESTION.

SO IT IS GOING TO BE IN THE CENTER OF THE PROPERTY AND THEN MAKE SURE IT'S HIDDEN AWAY.

IS THERE GOING TO BE A FENCE AROUND IT? SO I'M GOING TO SHOW YOU ON THE SCREEN, IF YOU LOOK TOWARDS THE SCREEN THERE, IF YOU SEE IN THIS CORNER, ART, WHERE IT TOUCHES ALL THREE OF THOSE PROPERTIES, YOU CAN SEE ON THE SOUTHWEST PORTION OF IT, IT'S ACTUALLY IN THE CENTER OF THOSE THREE PARCELS.

IT'S ACTUALLY GETTING MOVED OUT OF THAT AND PUT ONTO THE CENTER OF THE PARCEL WHERE SEE YOU 37. THE ACTUAL LINE IS DRAWN ON.

IF YOU LOOK ARE YOU UTILITIES DEPARTMENT ACTUALLY HAS A STANDARD THAT'S SET FORTH BY ALL DEVELOPERS, BUT THEY HAVE TO FOLLOW THE EXACT SAME MEASURES FOR EACH LIVE STATION.

THE CITY THEMSELVES IS FOLLOWING THE SAME STANDARD AND IT'S ON SHEET.

CD TWO.

EIGHTY FOUR. JOE'S FENCING, LANDSCAPING, THERE'S.

SO IT WILL BE CAMOUFLAGED.

AND AS THE NOISE.

SO FOR THE NOISE, I'M GOING TO DIRECT THAT TO THE REPRESENTATIVE, BUT I CAN BE I CAN ASSUME THAT THE NOISE IS GOING TO BE A WHOLE LOT LESS NOISIER THAN THE ONE THAT WAS BUILT IN 1973.

SIR. GOOD EVENING, I'M CLAYTON MCCORMACK.

I REPRESENT THE ENGINEERING FIRM OF INFRASTRUCTURE SOLUTIONS SERVICES.

WE ARE THE ENGINEERING ENGINEER OF RECORD FOR THIS PROJECT UNDER CONTRACT WITH THE CITY OF PALM BAY. I'VE BEEN WORKING WITH UTILITIES FOR OVER 15 YEARS.

I CAME TO PALM BAY IN 2007, AND I'VE BEEN WORKING OVER THE YEARS ON ALL TYPES OF UTILITY PROJECTS. WHEN WE FIRST CAME TO PALM BAY IN 2007, WE ASKED THE UTILITY STAFF.

SHOW US YOUR BEST STATIONS AND SHOW US YOUR WORST LIFT STATIONS.

SHOW US THE STATIONS WHICH ARE HAVING THE MOST TROUBLES WITH.

THIS IS THE STATION THAT THEY TOOK US TO FIRST.

OKAY. AND THE REASON WHY IS BECAUSE THE EXISTING STATION IS LOCATED IN THE MIDDLE OF AN EASEMENT BEHIND PEOPLE'S BACKYARDS.

IT WAS VERY INACCESSIBLE.

OK, WHEN THAT RESIDENCE WAS THERE, LITERALLY UTILITY TRUCKS HAD TO SHARE THE DRIVEWAY WITH THE RESIDENTS IN ORDER TO BRING TRUCKS IN AND OUT.

IN ORDER TO MAINTAIN A LIVE STATION, YOU HAVE TO BRING IN THE BIG HVAC TRUCK OCCASIONALLY TO SUCK OUT THE DEBRIS. SO ACCESS TO THAT STATION HAS ALWAYS BEEN PROBLEMATIC.

SO THE SEA STARTED TO LOOK AT THEIR LITTLE STATIONS AND IN 2017 DECIDED TO PURCHASE THE PROPERTY AND START THIS PROCESS OF RECONSTRUCTING THE STATION.

ANY QUESTIONS? I HAVE A QUESTION.

WHAT THE WHAT IS GOING TO BE DONE WITH THE EQUIPMENT FOR THE OLD LIFT STATION?

[01:55:04]

AND THEN THE EXISTING CONCRETE STRUCTURE THAT'S PARTIALLY BELOW GRADE THAT CURRENTLY HOUSES THE OLD PUMPS AND THE ELECTRICAL GEAR THAT'LL GET DEMOLISHED.

RIGHT. THEY'LL GET REMOVED IN THE NOISE.

THE NOISE. YEAH. SO THAT THE NOISE FROM A LIFT STATION, THAT PIECE OF EQUIPMENT THAT MAKES THE NOISE IS THE PUMPS.

RIGHT. IS THERE NOT ISN'T A HOLE AND IT'S SUBMERGED.

SO GENERALLY THE LIVE STATION ITSELF DOESN'T HAVE A LOT OF NOISE.

WHAT MIGHT HAVE A NOISE IS THE EMERGENCY GENERATOR.

OK. AND THE UTILITY DEPARTMENT RIGHT NOW IS SHOWING AN EMERGENCY JUNOR ON THIS ON THIS LIFT STATION. OK.

THEY'VE CHOSEN TO DO THAT BECAUSE OF THE SIZE OF THE STATION AND THE AMOUNT OF FLOW THAT COMES INTO THE STATION. THIS STATION SERVES ABOUT A THOUSAND RESIDENTS.

OK, BECAUSE IT'S A MAJOR STATION, RECEIVES FLOWS FROM A LARGE AREAS IT'S IMPORTANT TO MAINTAIN FOR PUBLIC HEALTH AND SAFETY IN A HURRICANE SITUATION, THE ABILITY TO MOVE WASTEWATER. SO BECAUSE THE CITY HAS OVER ONE HUNDRED AND TEN STATIONS, THESE LARGER STATIONS REALLY DO NEED AN EMERGENCY GENERATOR.

IT'S IMPORTANT TO KEEP THE STATION ONLINE AND BE ABLE TO PROVIDE THAT SERVICE AFTER A HURRICANE. I GUESS THAT WOULDN'T HAPPEN UNTIL THERE'S A REAL EMERGENCY.

CORRECT? YES. SO THE GENERATORS TYPICALLY DON'T RUN.

THEY HAVE TO BE TESTED ONCE A MONTH FOR 20 OR 30 MINUTES.

OK. OTHERWISE, THEY RUN DURING A POWER OUTAGE.

ANY OTHER QUESTIONS? THANK YOU, MR. MCCORMICK. IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OR OPPOSED? NOPE. OK, AT THIS POINT, OF COURSE, PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION. MOTION TO APPROVE C THIRTY SEVEN, TWENTY, TWENTY ONE AGAIN ON A SECOND.

ANY FURTHER DISCUSSION ON FAVOR SAY I ALL OPPOSED MOTION CARRIES UNANIMOUSLY.

IT BRINGS US DOWN TO TWO OTHER BUSINESS.

[OTHER BUSINESS]

IT'S A PROPOSED AMENDMENT TO THE PLANNING AND ZONING BOARD BYLAWS, TITLE SIX MEETINGS TO ESTABLISH GUIDE AND GUIDANCE GUIDELINES FOR TARDINESS AND EARLY DEPARTURES BASED ON CITY COUNCIL'S RECENT ADOPTION OF ORDINANCE 2021, THERE'S 49 PROCEDURES HAVE BEEN ESTABLISHED FOR ALL CITY BOARDS TO ADDRESS TAWDRINESS AND EARLY DEPARTURES, DRAWING BOARD MEETINGS AND SECTION ELEVEN OF THAT ARTICLE REFERRING TO ATTENDANCE.

IT SAYS ANY MEMBER WHO FAILS TO ATTEND TWO OF THREE SUCCESSIVE MEETINGS WITHOUT CAUSE AND WITHOUT PRIOR APPROVAL, THE CHAIRMAN SHALL AUTOMATICALLY FORFEIT HIS OR HER APPOINTMENT.

THE CHAIRMAN SHALL NOTIFY CITY COUNCIL OF ANY VACANCY, AT WHICH TIME SAID VACANCY SHALL BE PROMPTLY FILLED. CHANGES THIS THAT THE MEMBERS MUST ATTEND AT LEAST 50 PERCENT OF EACH MEETING IN ORDER TO BE COUNTED PRESENT AT THIS BOARD TO HAVE ANY QUESTIONS ABOUT IT.

THIS ONE, I GUESS, TO, UM, YOU SAID HE'S ON HER.

I KNOW, I KNOW THAT SHE TRIED TO CORRECT THAT, BUT I'D LOVE STAFF TO CORRECT HIS AND HER ACTION. AND.

WHEN YOU SAY MEMBERS MUST AT LEAST ATTEND 50 PERCENT OF EACH MEETING.

YES. HOW DO YOU DETERMINE THAT? IS IT PER HOUR OR THE LENGTH OF THE MEETING? SO PERCENT OF THE LENGTH OF THE MEETING AND IF THE MEETING WAS FOR TWO HOURS, YOU WOULD HAVE TO ATTEND AT LEAST ONE HOUR.

SO IF I LOOK AT THEIR DEN AND ASSUME THE MEETING IS GOING TO BE TWO HOURS AND I LEFT, YOU KNOW, AN HOUR, BUT IT DID BUT IT DID GO ON BECAUSE THERE WAS A DISCUSSION WENT ON FOR THREE HOURS. WELL, YOU CAN'T ASSUME THE LENGTH OF THE MEETING.

THAT'S WHAT I WAS TRYING TO UNDERSTAND.

NOBODY COULD ASSUME NOW YOU CAN'T ASSUME THE LENGTH OF THE MEETING IF YOU LEAVE AT SOME POINT, IF THE IF IT'S LESS THAN 50 PERCENT OF THE MEETING, THEN YOU WILL NOT BE COUNTED AS PRESIDENT. SO LIKE TONIGHT, IT'S NINE O'CLOCK NOW.

WE STARTED AT SEVEN PM.

IF ANY OF THE BOARD HAD STEPPED OUT AT SEVEN 30 AND DID NOT RETURN TO THIS MEETING, IT'S NOT 50 PERCENT. SO IT WOULD BE COUNTED AS A UNEXCUSED ABSENCE JUST AFTERWARDS.

CORRECT? YES. GOTCHA.

ANY OTHER QUESTIONS OR CLARIFICATIONS? NONE, I WILL NEED A MOTION, PLEASE.

NO, THERE'S NO NUMBERS, JUST MOTION TO APPROVE THE THE AMENDMENT TO THE PLANNING AND ZONING BYLAWS, MOTION TO APPROVE THE AMENDMENT, TO THE PLANNING AND ZONING BYLAWS.

ICON MOTION ON THE SECOND, ANY FURTHER DISCUSSION OR QUESTIONS? ALL IN FAVOR, SAY, I OPPOSED.

WHEN IT DAWNED ON VOTED AGAINST IT.

OH, HE DIDN'T. WAS NO, NO NEVAL, OK? IS APPROVED UNANIMOUSLY.

[02:00:02]

IF IF IT'S DEEMED NECESSARY BY BY THE GROWTH MANAGEMENT DEPARTMENT, WE HAVE A REQUEST THAT IF WE DO HAVE THAT MEETING, THAT WE BEGIN THAT MEETING AT SIX O'CLOCK RATHER THAN THE NORMAL SEVEN O'CLOCK.

I JUST NEED TO GET A CONSENSUS BY THE MEMBERS HERE.

A. NOVEMBER.

WE JUST HAD A REQUEST FROM ONE OF OUR BOARD MEMBERS STARTED EARLY ON NOVEMBER 15TH.

I'M OK. I MEAN, I CAN I CAN WORK AROUND IT, WE GOT I'VE GOT ENOUGH TIME TO PLAN FOR THAT.

I'M FINE WITH IT. OK.

THAT'S IF IT'S NECESSARY, THAT IF IT'S NECESSARY.

OK, THEN IT'S ALL AGREED THAT IF WE DO HAVE THAT NOVEMBER 15TH MEETING, IT WILL BEGIN AT 6:00 P.M. IF THERE'S NO OTHER BUSINESS MEETING IS ADJOURNED.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.