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[00:00:01]

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

THE OCTOBER SIX, 2020 ONE MEETING OF THE PLANNING AND ZONING BOARD IS CALLED TO ORDER EVERYONE PLEASE RISE AND FACE THE FLAG, AND DON WILL LEAD US IN THE PLEDGE OF ALLEGIANCE.

THIS IS JULY SIX, MARAGH.

THEY'RE PROBABLY SAYING THIS IS.

UNDER A WHAT YOU CALL THE ROLL, PLEASE? YES. MR. BOEREMA, PRESIDENT, MR. BOOTHROYD, WE ARE EXPECTING MR. HILL HAS ASKED TO BE EXCUSED.

MS. JORDAN. MS. BARRAGE PRESIDENT MR. WARNER, MR. WEINBERG, YOU'RE DAVID KARAFFA HAS TO BE EXCUSED AND OUR DEPUTY CITY ATTORNEY, JENNIFER COCKCROFT, IS PRESIDENT, WE DO HAVE A QUORUM.

OK, THANK YOU, JOHN. FIRST ORDER OF BUSINESS IS THE ADOPTION OF THE MINUTES FROM

[ADOPTION OF MINUTES]

SEPTEMBER 1ST, 2021 MEETING.

CAN I GET A MOTION, PLEASE? MOTION TO ADOPT OUR REGULAR MEETING FROM SEPTEMBER ONE, 2021.

MOTION FROM KAY SECOND, FROM LEE TO ANY DISCUSSION.

ALL IN FAVOR SAY AYE, ALL OPPOSED THE MOTION CARRIES UNANIMOUSLY.

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

[ANNOUNCEMENTS:]

BOARD COMPRISED OF SEVEN MEMBERS.

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

OUR PROCEDURES ARE AS FOLLOWS THE 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'LL FIRST HEAR FROM THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION IN THOSE OPPOSED OR ALL PROCEEDINGS.

ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN OATH CARDS LOCATED AT THE PODIUM.

PLEASE PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS, FOR THE RECORD.

AS A COURTESY, I ASKED THAT IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS, YOU INFORMALLY APPOINT A SPOKESMAN TO CLARIFY YOUR VIEWS.

AFTER PUBLIC COMMENTS, I WILL BRING THE CASE BACK TO THE BOARD AT THIS TIME, THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS FROM THE PUBLIC WILL BE HEARD.

I WILL THEN CALL FOR A MOTION AND A SECOND AT WHICH TIME THE BOARD MAY HAVE ADDITIONAL COMMENTS OR FURTHER DISCUSSION.

I WILL THEN CALL FOR A VOTE.

DECISIONS OF THE PLANNING AND ZONING BOARD ARE THEN FORWARDED TO THE CITY COUNCIL FOR FINAL DISPOSITION.

THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION.

AND IF ANYONE IS HERE FOR CASE NUMBER SIX, WHICH IS THE RANDALL AND KIMBERLY HAIR, THE PROPOSED WEDDING VENUE, THAT CASE HAS BEEN WITHDRAWN AND WON'T BE HEARD TONIGHT.

MOVING ON TO OUR FIRST CASE UNDER NEW BUSINESS GRAYSON.

[NEW BUSINESS]

ALL RIGHT, CASE V.

THIRTY EIGHT, TWENTY TWENTY ONE IS FOR A VARIANCE TO ALLOW EXISTING EXECUTORY STRUCTURES, INCLUDING A DETACHED GARAGE OR DETACHED SHED AND ATTACHED METAL BUILDING TO EXCEED THE SIZE OF THE PRINCIPAL STRUCTURE, AS ESTABLISHED BY SECTION ONE EIGHTY FIVE POINT ONE ONE EIGHT C. BACKGROUND, THE PROPERTY CONSISTS OF FOUR STANDARD GENERAL DEVELOPMENT CORP., LOTS FORMING AN L-SHAPED PLOT, WITH THREE LOTS FRONTING TUGWELL STREET SOUTHEAST AND ONE FRONTING SANDUSKY STREET SOUTHEAST.

THE HOME WAS CONSTRUCTED IN 1985 AND THE PROPERTY HAS BEEN OWNED BY THE APPLICANT STUDENTS SINCE 2001.

THE APPLICANT RECEIVED A PERMIT FOR A 30 FOOT BY 40 FOOT CONCRETE SLAB VIA PERMIT NUMBER TWENTY ONE FOUR EIGHT EIGHT SEVEN EARLIER THIS YEAR.

FOLLOWING THIS PERMIT, THEN THE APPLICANT APPLIED FOR A METAL ACCESSORY STRUCTURE TO BE PLACED ON TOP OF THE SLAB VIA PERMIT 20 ONE SIX EIGHT FOUR TWO.

THE BUILDING DEPARTMENT INFORMED THE APPLICANT THAT HE COULD NOT CONSTRUCT THE BUILDING AS IT EXCEEDED THE ALLOWANCE FOR ACCESSORY STRUCTURES, ACCESSORY STRUCTURE, SQUARE FOOTAGE. THE METAL BUILDING PROPOSED IN THE PERMIT HAS ALREADY BEEN CONSTRUCTED.

THE APPLICANT NOW SEEKS A VARIANCE TO ALLOW FOR THREE EXISTING ACCESSORY STRUCTURES TO EXCEED THE ALLOWED LIMIT BY ONE THOUSAND FIVE HUNDRED AND TWENTY FIVE SQUARE FEET.

ANALYSIS VARIANCES FROM THE TERMS OF THE LAND DEVELOPMENT CODE, MAYBE 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 AS A RESULT OF THE VARIANCE.

AN APPLICATION MUST DEMONSTRATE THAT ITEMS ONE THROUGH SEVEN OF SECTION ONE SIXTY NINE POINT ZERO ZERO NINE OF THE CODE OF ORDINANCES HAVE BEEN MET.

REVIEW OF THE REVIEW OF THESE ITEMS HAS AS FOLLOWS ITEM ONE SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST, WHICH ARE PECULIAR TO THE LAND STRUCTURE OR BUILDING INVOLVED, WHICH ARE NOT APPLICABLE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME LAND USE CATEGORY.

ZONING, DISTRICT OR SITUATION.

[00:05:02]

THE APPLICANT STATES THE SHED SITS ON ONE OF THREE LOTS BY THE HOME, ENTIRELY FENCED IN.

NEWLY CONSTRUCTED SHED IS ONE OF SEVERAL ACCESSORY STRUCTURES IN THE PROPERTY, ACCORDING TO THE APPLICANT, THE SHED WAS CONSTRUCTED BEHIND THE EXISTING SIX FOOT FENCE ADJACENT TO THE EXISTING ACCESSORY GARAGE.

THE HOME IS ONE THOUSAND SIX HUNDRED AND THIRTY FIVE SQUARE FEET UNDER AIR.

THE THREE ACCESSORY STRUCTURES IN THE LOT.

TOTAL THREE THOUSAND ONE HUNDRED AND SIXTY SQUARE FEET WITH A DETACHED GARAGE AT EIGHTEEN HUNDRED SQUARE FEET. THE METAL BUILDING AT TWELVE HUNDRED AND THE SHED AT ONE HUNDRED AND SIXTY SQUARE FEET. OTHER THAN THE APPLICANT, OWNING FOUR CONTINUOUS SLOTS DOES NOT APPEAR TO BE ANY SPECIAL CONDITIONS OR CIRCUMSTANCES PECULIAR TO THE LAND STRUCTURE OR BUILDINGS INVOLVED. ITEM TWO THE SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED A NIGHT OF ONE ABOVE ARE NOT THE RESULT OF THE ACTIONS OF THE APPLICANT.

THE CONSTRUCTION OF ACCESSORY STRUCTURES OR SO THE APPLICANT CAN STORE ITEMS AND VEHICLES ON THE PROPERTY. THERE ARE NO SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED AND THE NEED OF A VARIANCE AS A RESULT OF THE ACTIONS OF THE APPLICANT.

ITEM THREE LITERAL INTERPRETATION ENFORCEMENT AT THE LAND DEVELOPMENT CODE REGULATIONS WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION UNDER THE TERMS OF THE LDC TO WORK UNNECESSARY AND UNDUE HARDSHIP ON THE APPLICANT.

LITERAL INTERPRETATION ENFORCEMENT OF THE LDC WOULD REQUIRE THE APPLICANT TO BUILD WITHIN THE APPLICABLE ACCESSORY STRUCTURE REQUIREMENTS.

BUILDING WITHIN THE REQUIRED ACCESSORY STRUCTURE ALLOWANCE WOULD REQUIRE THE APPLICANT TO REMOVE THE NEWLY CONSTRUCTED ACCESSORY STRUCTURE IN THE EXISTING SHED IN ORDER TO MEET CODE. THE TOTAL SQUARE FOOTAGE OF ACCESSORY STRUCTURES IS SUPPOSED TO FALL UNDER THE TOTAL SQUARE FOOTAGE OF THE PRIMARY RESIDENCES LIVING AREA, OR ONE EIGHTY FIVE POINT ONE ONE EIGHT. SEE ITEM FOR THE VARIANCE IF GRANTED AS THE MINIMUM VARIANCE NECESSARY TO MAKE POSSIBLE THE REASONABLE USE OF THE LAND BUILDING OR STRUCTURE.

A ONE THOUSAND FIVE HUNDRED AND TWENTY FIVE SQUARE FOOT VARIANCE WOULD BE NEEDED TO MEET THE APPLICANT'S REQUESTS AND HAVE THE APPLICANT COME INTO CODE COMPLIANCE.

ITEM FIVE GRANTING OF THE VARIANCE REQUEST WOULD NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVILEGE THAT IS DENIED BY THE DEVELOPMENT CODE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME LAND USE CATEGORY.

ZONING DISTRICT OR SITUATION GRANTING OF THE VARIANCE WOULD CONFER UPON THE APPLICANT A SPECIAL PRIVILEGE FOR EXCESS SQUARE FOOTAGE FOR ACCESSORY STRUCTURES.

THE SAME DEVELOPMENT STANDARDS APPLY TO OTHER PROPERTIES IN THIS COMMUNITY.

THIS EXCESS, HOWEVER, DOES NOT APPEAR TO CREATE ANY HEALTH OR SAFETY HAZARDS TO ADJACENT PROPERTIES. ITEM SIX THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THIS CODE AND WILL NOT BE INJURIOUS TO THE SURROUNDING PROPERTIES OR DETRIMENTAL TO THE PUBLIC WELFARE.

STAFF HAS NOT IDENTIFIED ANY DETRIMENTAL EFFECT TO THE PUBLIC WELFARE AND FOR ITEM SEVEN STAFF HAS NOT RECEIVED A CLAIM MADE UPON THIS PROPERTY WITH RESPECT TO THE BERT J.

HARRIS ACT OR ANY DEVELOPMENT ORDER, AS INDICATED ABOVE.

THEREFORE, ITEM SEVEN IS NOT APPLICABLE.

NOTE THE APPLICANT HAS SPECIFIED THAT THE SHED HAS BEEN PAINTED THE SAME COLOR AS A HOME AND ACCESSORY GARAGE, THEREFORE MEETING THE REQUIREMENTS OF 185 POINT ONE ONE EIGHT G.

THIS REQUIREMENT MUST BE CONTINUOUSLY MET IN PERPETUITY IN ORDER TO MAINTAIN CODE COMPLIANCE. RECOMMENDATION THE PLANNING AND ZONING BOARD MUST DETERMINE BASED ON THE FACTS PRESENTED TO WHAT DEGREE, IF ANY, ANIMAL RELIEF IS REQUIRED TO MEET THE NEEDS OF THE VARIANCE BEING REQUESTED AS REQUIRED UNDER SECTION ONE SIXTY NINE POINT ZERO ZERO NINE THE CITY OF PALM BAY CODE OF ORDINANCES AND MAKE RECOMMENDATIONS TO CITY COUNCIL FOR A FINAL REVIEW. AND IF THAT I CAN ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

THANK YOU GRAYSON AS A BOARD HAVE ANY QUESTIONS FOR STAFF.

I'VE GOT A QUESTION, GREYSON.

ACCORDING TO YOUR REPORT, THIS THE ACCESSORY STRUCTURE WAS BUILT AFTER THE ADJOURNMENT WAS APPLIED FOR IT, BUT IT WAS NEVER ISSUED SO CORRECT THEY THE APPLICANT RECEIVED A PERMIT FOR THIS CONCRETE SLAB INITIALLY LAID AND THAT WAS LAID.

AND THEN THE APPLICANT MAY HAVE INTERPRETED THAT AS THE PERMIT FOR THE FULL STRUCTURE WHEN ANOTHER PERMIT WAS NEEDED TO CONSTRUCT THE METAL BUILDING ON TOP OF THE CONCRETE SLAB.

SO THE APPLICANT WENT AHEAD AND CONSTRUCTED THAT METAL BUILDING ON TOP OF IT, AND THEN IT WAS CAUGHT BY THE BUILDING DEPARTMENT.

SO THAT PERMIT FOR THAT BUILDING IS NOW IN CHECK.

IT STILL HAS NOT BEEN ISSUED YET.

IT CAN'T BE ISSUED UNTIL A VARIANCE IS APPROVED.

IF A VARIANCE IS APPROVED, THEN THE PERMIT WOULD BE ISSUED AFTERWARDS.

IS THERE ANY PENALTY INVOLVED IN THAT? NOT THAT I'M AWARE OF. IT'S DOUBLE THE PERMIT FEE, I SUSPECT.

OK. ANY OTHER QUESTIONS FOR STAFF? OH, THANK YOU. RICHARD, I WANT YOU HAVE ONE.

SO HE ALSO WANTS THE BILL TO OTHER UNITS.

THEY ALREADY EXIST.

SO IT WAS NOW COURT THAT ALL THIS SQUARE FOOTAGE EXCEEDS THE LIMIT.

AND NOW THAT IT'S BEEN CAUGHT AND IDENTIFIED, WE'RE NOW LOOKING TO SEEK A VARIANCE FOR THE WHOLE ALL OF IT AT ONCE.

OK. SEE APPLICANT.

ANY OTHER QUESTIONS? YES, SIR, ONE LAST QUESTION, MR. CHAIR. SO THIS WOULD BE A PERMANENT FIXTURE.

SO THIS WILL STAY WITH THE HOME.

YES, IT WOULD RUN THE LAND.

RESULTS, PICTURES OF THE BUILDINGS.

YEAH, HE THE APPLICANT DOES, HE CAN SHOW IT.

SO THE BUILDING ON THE LOOK ON THE TV, THE ONE ON THE FAR LEFT IS THE HOME.

[00:10:01]

THE MIDDLE IS THE EXISTING ACCESSORY GARAGE, THE SHED IS IN THE REAR OF THE PROPERTY.

IN THE METAL BUILDING IS WHERE THE LAND IS ON THE RIGHT PROPERTY.

THE OTHER QUESTIONS. AND OK, ONE LAST QUESTION, SIR.

ONE, WHEN IS WHEN IS? WHEN THERE ARE THIS THESE MANY STRUCTURES ON THE PROPERTY, WE'RE NOT.

THEY'RE NOT REQUIRED TO HAVE A FENCE OR HAVE TO DOES SO HE DOES HAVE A FENCE AROUND, IF YOU CAN SEE ON THE IMAGE.

HE DOES HAVE A FENCE IN FRONT OF THE LOT WHERE THIS NEW METAL ACCESSORY STRUCTURE IS LOCATED. SO IT IS BEHIND A SIX FOOT FENCE WHICH ALREADY MEETS THE 25 FOOT SET REQUIRED SET BACK. THE OTHER QUESTIONS.

YOU KNOW, THANK YOU, RICHARD.

AT THIS TIME, I'LL OPEN THE PUBLIC HEARING AND MR. HOFFMAN. YES.

LET'S STAY WITH IT. I'VE BEEN LIVING AT MY HOUSE FOR 20 YEARS AND IN PALM BAY, I'VE BEEN LIVING HERE 30 YEARS IN PALM BAY.

I BOUGHT MY HOUSE BACK IN 19, 2001.

AND I'VE BEEN LIVING THERE, AND I BUILT MY GARAGE BY THEIR STANDARDS AND EVERYTHING AND NOW WANTED A SHED AND I GOT IT PASSED.

THEY PASSED THE SLAB, BUT THEN ALL OF A SUDDEN I DIDN'T KNOW ANYTHING ABOUT ANYTHING ELSE, AND THEN ALL OF A SUDDEN I BUILT THE METAL BUILDING.

THEY HAVEN'T COME TO ME AND GAVE ME ANY KIND OF PAPERWORK.

I JUST DONE IT BEFORE THEY DID IT.

IT. SO IF YOU YOU THOUGHT THAT THE PERMIT FOR THE SLAB WOULD ALLOW YOU TO CONSTRUCT A BUILDING, YES, FOR THE METAL, ALTHOUGH THEY WOULD REQUIRE TWO DIFFERENT PERMITS.

MM HMM. OK. ANY QUESTIONS FOR THE APPLICANT? ALL RIGHT, THANK YOU, MR. HOFFMAN. THANK YOU, PETER.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION? OR OPPOSED TO IT. SOME OF THE PODIUM.

MY NAME IS BETTY EASTWOOD, I LIVE AT TWO ONE ZERO ONE SAPELO AVENUE SOUTHEAST PALM BAY DIRECTLY CATTY CORNER FROM.

A LOT THAT SITS ON SANDUSKY, SO I'M ON THE CORNER OF SANDUSKY AND SAPELO.

MY CONCERN IS WHERE THIS GARAGE IS GOING TO BE ERECTED ON THE MAP.

CAN SOMEONE ANSWER THAT? YEAH, GO AHEAD AND HAVE A SEAT.

WE'LL WE'LL WE'LL GET TO THAT.

OK, AND THEN I'LL HAVE QUESTIONS ONCE I KNOW.

OK. AND IS THAT THE ONLY PLACE THAT THERE'S GOING TO BE ACCESS, YOU KNOW, FOR VEHICLES IN AND OUT OF THAT STRUCTURE? ON TUGWELL. THAT'S WHAT THE APPLICANTS IDENTIFIED FROM WHAT I'VE SEEN ON PICTURES, IT'S GOT IT BEHIND A FENCE AND HE'D BE USING THAT EXISTING DRIVEWAY IN THE MIDDLE LOT TO ACCESS THE GARAGE.

OK, AND THE STRUCTURE HAS ALREADY BEEN BUILT, BY THE WAY.

THIS IS AN OLD AERIAL, SO IT'S ALREADY THERE.

SO WHERE IS THE PROPOSED BUILDING GOING TO BE? THERE IS NO PROPOSED BUILDING, IT'S HE THIS BUILDING WAS BUILT AND HE DIDN'T HAVE THE APPROPRIATE PERMIT TO ACTUALLY BUILD IT.

HE HAD THE PERMIT FOR THE SLAB, BUT NOT THE CONSTRUCTION OF THE BUILDING.

SO HE WENT AHEAD AND BUILT IT, AND THAT'S WHAT WE'RE HERE TO DISCUSS.

OK, NEVER MIND. AND THANK YOU FOR YOUR TIME.

OK, THANK YOU. IS THERE ANYONE ELSE HERE, AUDIENCE? ANYONE ELSE WHO WISHES TO SPEAK EITHER FOR OR AGAINST THIS APPLICATION? SEE, NONE, I'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION.

I GET A MOTION, PLEASE.

TO BE THIRTY EIGHT, TWENTY TWENTY ONE.

I CAN MOTION FROM LEAD A SECOND FROM ANY FURTHER DISCUSSION.

THE ONLY THING I WOULD SAY IS, AND I DEFINITELY UNDERSTAND THE PROBABLY THE MISCOMMUNICATION, I HOPEFULLY THAT WON'T HAPPEN AGAIN, BUT I DON'T NECESSARILY I DON'T LIKE THE IDEA THAT SOMEBODY COULD JUST GO AHEAD AND BUILD AND THEN JUST TURN UP HERE FOR A VARIANCE. I JUST DON'T WANT IT TO BE A PRECEDENT.

WE UNDERSTAND YOUR SITUATION, BUT I JUST WANT IT TO BE KNOWN THAT THAT'S NOT GOING TO BE A PRECEDENT HERE IN THE CITY.

EXACTLY. THAT'S WHY THERE IS A PENALTY BASICALLY OF DOUBLING THE PERMIT FEE.

SO HOPEFULLY PRESENT PREVENT THAT IN THE FUTURE.

ANY ANY FURTHER COMMENTS OR DISCUSSION? I AGREE. I MEAN, IT'S A NICE I MEAN, IT'S A VERY NICE LOOKING STRUCTURE.

I MEAN, YOU COLOR-CODED IT VERY WELL, BUT I AGREE WITH THE SAME.

SAME THING IS JUST THAT WITH ALL OF THE BUILDING AND ALL OF THE INDIVIDUALS THAT ARE MOVING TO PALM BAY.

I JUST I JUST SEE THIS BECOMING A PROBLEM WHERE PEOPLE BUY THE ADDITIONAL LOTS AND THEN THEY JUST WANT TO THROW A STRUCTURE OUT THERE ON THEIR LOT.

AND WE HAVE NOTHING IN PLACE OR WE DO HAVE THINGS IN PLACE, BUT IT'S NOT BEEN ENFORCED.

ANY FURTHER DISCUSSION, PLEASE? DON PATRICK, WHAT'S THE ALTERNATIVE?

[00:15:01]

GENTLEMAN WOULD HAVE TO TEAR THE BUILDING DOWN.

THERE'S NO ALTERNATIVE. IF IF THE VARIANCE IS DENIED, YES, HE WOULD HAVE TO REMOVE THE BUILDING. ANYTHING ELSE, BOARD? AND WE HAVE A MOTION FROM LEADER SECOND FROM KAY, ALL IN FAVOR, SAY I OPPOSED THE MOTION CARRIES UNANIMOUSLY.

YOU'VE GOT YOUR IRANIANS MR. OPEN.

AND IN THE CITY COUNCIL APPROVAL, OF COURSE, OUR NEXT CASE, PLEASE, PATRICK.

NEXT CASE ON THE AGENDA IS CASE FWD THIRTY FIVE TWENTY TWENTY ONE BACKGROUND PROPERTY IS LOCATED NORTHWEST OF THE INTERSECTION OF MALABAR ROAD AND THE ST JOHN'S HERITAGE PARKWAY.

SPECIFICALLY, THE PROPERTY IS TRACT A OF THE ST.

JOHN'S PRESERVE PHASE ONE LOCATED IN SECTION 32 TOWNSHIP, 28 SOUTH RANGE, 36 EAST RIVER COUNTY, FLORIDA. IT INCLUDES NINETEEN POINT ONE TWO ACRES AND WAS ZONED TO THE PMU PARKWAY MIXED USE DISTRICT VIA ORDINANCE 2014 12.

THE NORTH IS THE REMAINDER OF THE ST.

JOHN'S PRESERVE COMMUNITY, WHICH WAS PREVIOUSLY APPROVED FOR 620 SINGLE FAMILY HOMES.

THE EAST IS A PORTION OF THE OVERALL ST.

JOHN'S PRESERVE PROJECT THAT IS DESIGNATED FOR COMMERCIAL USE.

BOTH THESE AREAS OF THE PROJECT ARE ALSO ZONED PMU.

THE WEST IS HERITAGE HIGH SCHOOL ZONE.

JEHU GENERAL USE ACROSS MALWARE ROAD TO THE SOUTH ARE UNDEVELOPED LAND ZONED A--YOU AGRICULTURAL USE.

ON MAY 3RD, 20 18, CITY COUNCIL GRANTED APPROVAL FOR ORDINANCE TWENTY SEVENTEEN POINT EIGHTY FOUR, WHICH AMENDED THE FUTURE LAND USE MAP TO CHANGE THE DESIGNATION OF THE SUBJECT PROPERTY FROM SINGLE FAMILY RESIDENTIAL USE TO PARKWAY FLEX USE.

THE MAP AMENDMENT COVERED TWO HUNDRED AND TWO POINT NINE ACRES, OF WHICH THE SUB SUBJECT PROPERTY WAS IS A PART OF.

THE PARKWAY FLICKS USE CATEGORY PERMITS A MIX OF COMMERCIAL AND RESIDENTIAL USES, A MINIMUM OF 40 SQUARE FEET OF COMMERCIAL SPACE SHALL BE PROVIDED FOR EACH RESIDENTIAL UNIT. TYPICAL COMMERCIAL USES INCLUDE RETAIL PERSONAL SERVICE ESTABLISHMENTS, DAYCARE CENTERS, CHURCH RELIGIOUS USES, RESTAURANTS, FINANCIAL INSTITUTIONS, OFFICE USES, SERVICE STATIONS WITH FUEL SALES, FOOD SERVICE THEATERS, PROFESSIONAL OFFICE USES AND MEDICAL AND OR VETERINARY CLINICS.

ALLOWABLE RESIDENTIAL USES INCLUDE BOTH SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL USES FOR THE TOTAL MAXIMUM OF 10 RESIDENTIAL UNITS PER ACRE.

TYPICAL RESIDENTIAL USES INCLUDE DETACHED SINGLE FAMILY HOMES ATTACHED, SINGLE FAMILY HOUSING WITH A MAXIMUM OF EIGHT UNITS PER STRUCTURE AND TRADITIONAL MULTIFAMILY HOUSING, SUCH AS APARTMENTS AND CONDOMINIUMS. ON AUGUST 13, 2019, CITY COUNCIL GRANTED APPROVAL OF ORDINANCE TWENTY NINETEEN POINT FORTY FIVE, WHICH EFFECTUATED THE FINAL DEVELOPMENT PLAN FOR THE SINGLE-FAMILY PORTION OF THE OVERALL COMMUNITY.

IT CONSIST OF 620 LAWNS, A 20 ACRE PARCEL.

FUTURE DEVELOPMENT TRACT AND A 15 ACRE COMMERCIAL TRACK WERE INCLUDED IN THE FDP AND IDENTIFIED ON THE SUBDIVISION PLAT AS TRACKS A.

AND X, RESPECTIVELY.

DO SPECIFIC CONDITIONS OF APPROVAL WERE THAT THE APPLICANT PROVIDE A SIGNAL WARRANT STUDY FOR MALVO ROAD AND THE PARKWAY AND THEN ANY LANDSCAPING IN THE PARKWAY RIGHT AWAY WOULD BE MAINTAINED IN PERPETUITY BY THE HIGHWAY? THESE ITEMS WERE COMPLETED DURING THE PHASE ONE CONSTRUCTION PROCESS.

THE APPLICANT IS CURRENTLY SEEKING FINAL DEVELOPMENT PLAN APPROVAL FOR THE 20 ACRE FUTURE DEVELOPMENT TRACT A.

PURPOSE OF THIS REQUEST IS TO ALLOW FOR THE DEVELOPMENT OF 120 TOWNHOMES.

THIS PHASE OF THE PROJECT INCLUDES A RESIDENTIAL DENSITY OF SIX POINT TWO UNITS PER ACRE.

THE APPLICANT FOR THIS REQUEST IS THE ST.

JOHN'S PRESERVE INVESTMENT GROUP LLC, AND THEY ARE BEING REPRESENTED BY BSE ENGINEERING CONSULTANTS. ANALYSIS.

THE PARKWAY MIXED USE ZONING DISTRICT IS A PLANNED DEVELOPMENT INTENDED TO ESTABLISH TYPES OF DEVELOPMENT AND ARRANGEMENTS OF LAND USES THAT ARE CONSISTENT WITH THE COMPREHENSIVE PLAN, BUT WHICH ARE NOT OTHERWISE PROVIDED FOR OR ALLOWED IN THE ZONING DISTRICT SET OUT IN THIS CHAPTER.

SUBSEQUENT DEVELOPMENT WITHIN THE PMU DISTRICT IS IMPLEMENTED BY THE APPROVAL OF ONE OR MORE SITE AND DEVELOPMENT PLANS KNOWN AS FINAL PMU DEVELOPMENT PLANS.

PURPOSE OF PLANNED DEVELOPMENTS IS TO ENCOURAGE THE CREATION OF DESIGNED NEIGHBORHOODS AND COMMUNITIES THAT PROVIDE A FULL RANGE OF RESIDENCE TYPES, AS WELL AS COMMERCIAL USES THAT SERVE THE INHABITANTS OF THE IMMEDIATE COMMUNITY AND SURROUNDING NEIGHBORHOODS.

STANDARDS FOR CREATING A NEW PMU DISTRICT ARE INTENDED TO PROMOTE FLEXIBILITY OF DESIGN AND DIVERSIFICATION AND INTEGRATION OF USES AND STRUCTURES.

THE PROCESS ALLOWS THE CITY COUNCIL TO EVALUATE APPLICATIONS TO ESTABLISH NEW PNU DISTRICTS AND A RENTAL RENDER FINAL DETERMINATION AS TO WHETHER THE APPLICATION SHOULD BE APPROVED, APPROVED WITH CONDITIONS OR DENIED.

IN ADDITION, THE CITY COUNCIL MAY ESTABLISH SUCH ADDITIONAL LIMITATIONS AND REGULATIONS AS ARE DEEMED NECESSARY TO PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.

TYPICALLY, THE DEVELOPMENT PLAN INDICATES THE 120 TOWNHOMES WILL BE IN THE SOUTHWEST PORTION OF THE OVERALL COMMUNITY.

ACCESS WILL BE FROM EXISTING SINGLE FAMILY DEVELOPMENT VIA A NEW ROADWAY CUYLER DRIVE SOUTHWEST, EITHER DIRECTLY CONNECTED TINWARE STREET SOUTHWEST, WHICH IS THE MAIN ROADWAY THAT CONNECTS TO THE PARKWAY.

A FUTURE ROADWAY CONNECTION FROM THE SOUTH END OF THE DEVELOPMENT WILL PROVIDE INTERNAL ACCESS TO THE FUTURE COMMERCIAL TRACK.

[00:20:03]

THERE WILL BE NO DIRECT ACCESS TO MALABAR ROAD FROM THIS PHASE OF DEVELOPMENT.

DOWN-HOME LOTS ARE SEVENTY FIVE FOOT WIDE BY 120 FOOT DEEP, WITH THE TYPICAL TOWN HOME BUILT ON A 4500 SQUARE FOOT PAD.

EACH TOWN HOME BUILDING WILL BE ACCESSED VIA INTERNAL ROADWAYS THAT ARE DESIGNED TO MEET CITY CONSTRUCTION STANDARDS.

ALL ROADS WILL BE OWNED AND MAINTAINED BY THE HIGHWAY ROAD NETWORK IN ANY OFF SITE.

IMPACTS THAT MIGHT BE CAUSED BY THIS PHASE OF DEVELOPMENT ARE CURRENTLY BEING REVIEWED BY THE CITY'S ENGINEERING DIVISION, AS THE APPLICANT HAS JOINTLY SUBMITTED FULL DESIGN CONSTRUCTION DRAWINGS.

CITY WATER WILL BE PROVIDED TO THE TOWNHOMES BY CONNECTION TO THE EXISTING 20 INCH PVC WATER DISTRIBUTION PIPE LOCATED ON THE NORTH SIDE OF MALWARE ROAD.

HOWEVER, THE UTILITIES DEPARTMENT WILL NOT ACCEPT THE WATER MAIN AS DESIGNED IF THE WATERMEN CANNOT BE RELOCATED FROM UNDER THE PAVEMENT DUE TO THE NARROW RIGHT OF WAY.

THE DEVELOPMENT MUST BE MASTER METERED IN THE POTABLE WATER SYSTEM.

FOR THIS PACE WILL BE PRIVATE.

SANITARY SEWER WILL BE PROVIDED VIA 10 INCH PVC GRAVITY FED COLLECTION LINE THAT DISCHARGES INTO THE SEWER LIFT STATION ON FENWICK STREET.

THESE LINES SHALL BE CENTERED WITHIN EACH OF WAY.

STORMWATER RUNOFF WILL BE DIRECTED TO PONDS ONE AND TWO, WHICH CONNECT TO THE STORMWATER TREATMENT SYSTEM BEING CONSTRUCTED IN THE SINGLE FAMILY DEVELOPMENT OUTFALL FROM THE OVERALL SYSTEM WILL BE TO THE MELBOURNE TILLMANN CANAL NUMBER SIX, WHICH RUNS ALONG THE WEST SIDE OF THE PROPERTY.

A MASTER AMENITY CENTER IS CURRENTLY UNDER ADMINISTRATIVE SITE PLAN REVIEW.

ZIPLINE NUMBER THIRTEEN POINT NINETY THREE PROPOSES A SEVEN HUNDRED AND FIFTY SQUARE FOOT PAVILION CONNECTED TO A LARGE SWIMMING POOL WITH A CONCRETE DECK AND LOUNGE CHAIRS.

RECREATION AREA WILL BE KNOWN WILL BE LOCATED ON DORIAN DRIVE BETWEEN THE TOWNHOME AND SINGLE-FAMILY DEVELOPMENTS.

A MAIL KIOSK IS LOCATED ACROSS FROM THE AMENITY.

ON JUNE 15, 2018, THE BREVARD COUNTY SCHOOL BOARD ISSUED THE SCHOOL CAPACITY AVAILABILITY TERMINATION LETTER. THE LETTER DETERMINED THAT THERE ARE SUFFICIENT CAPACITY FOR THE TOTAL PROJECTED STUDENT MEMBERSHIP TO ACCOMMODATE THE ST.

JOHN'S PRESERVE DEVELOPMENT.

INCLUDED IN THE SCHOOL CONCURRENCY APPLICATION WAS 620 SINGLE-FAMILY HOMES AND 304 TOWNHOMES SINCE FWD.

THIRTY FIVE 20 TWENTY ONE REDUCES THE UNIT COUNT.

A NEW SCANDAL IS NOT REQUIRED.

SUBMITTED PLANS FOR THE TOWNHOME DEVELOPMENT INDICATE THAT THE HOMES ARE 20 TO 30 FEET FROM THE WESTERN PROPERTY LINE, WHICH IS SHARED IN COMMON WITH HERITAGE.

HIGH SCHOOL HOMES WILL ALSO BE CONSTRUCTED 15 FEET FROM THE SOUTH PROPERTY LINE, WHICH IS SHARED IN COMMON WITH THE MALABAR ROAD RIGHT AWAY.

THE PURPOSE OF SCREENING AND BUFFERING AND HEALTH AND SAFETY STAFF RECOMMENDS THAT THE TWO PROPERTY LINES BE PROVIDED WITH A SIX FOOT HIGH WALL OR OPAQUE FENCE.

PER SECTION 190, FIVE POINT FIFTY SEVEN B ONE, A APPROVAL OF A PARKWAY MIXED USE PROJECT SHALL INCLUDE A MINIMUM OF 40 SQUARE FEET OF COMMERCIAL SPACE FOR EACH RESIDENTIAL UNIT PROPOSED WITHIN THE PMU.

SINCE 16 TO 19 WAS APPROVED FOR SIX HUNDRED TWENTY YEARS, AND THIS REQUEST INCLUDES AN ADDITIONAL ONE HUNDRED AND TWENTY UNITS, A MINIMUM OF TWENTY NINE THOUSAND SIX HUNDRED SQUARE FEET OF COMMERCIAL USES THAT'LL BE PROVIDED UPON WHAT IS CURRENTLY DESIGNATED AS TRACK X PLANNING ZONING BOARD AND CITY COUNCIL SHOULD DECIDE AT WHAT STAGE OF RESIDENTIAL DEVELOPMENT AT THIS COMMERCIAL DEVELOPMENT IS SUBMITTED FOR SITE PLAN REVIEW AND APPROVAL CONDITIONS. HE RECEIVED FINAL NEW DEVELOPMENT PLAN APPROVAL, THE PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION ONE THOUSAND FIVE POINT ZERO FIVE SEVEN OF THE CODE OF ORDINANCES ON REVIEW, IT APPEARS THAT THE REQUEST IS IN CONFORMANCE WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION. SUBJECT TO THE FOLLOWING ITEMS BEING ADDRESSED DURING THE CONSTRUCTION PLAN REVIEW PROCESS.

APPROVAL OF THE SUBDIVISION PLANT AND OPINION OF TITLE.

DEVELOPMENT STANDARDS SHALL BE PROVIDED IN THE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS REVIEW APPROVAL.

SIX FEET, HIGH WALL OR A FENCE FOR ALONG SOUTH AND WEST PROPERTY LINES OF THIS PHASE.

THE TRAFFIC IMPACT ANALYSIS THAT INCLUDES THE AM AND PM TRIP GENERATIONS IN CONFORMANCE WITH IT A GENERATION MANUAL 10TH EDITION.

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

STAFF RECOMMENDATION FWD THIRTY FIVE TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL, SUBJECT TO STAFF COMMENTS AND QUESTIONS.

THE BOARD MAY HAVE OPINIONS.

REPRESENTATIVE IS IN ATTENDANCE.

THANK YOU, PATRICK. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? HEY, YOU MENTIONED HERE THAT WE SHOULD DECIDE WHAT STAGE OF THE RESIDENTIAL DEVELOPMENT THAT THE COMMERCIAL DEVELOPMENT SITE PLANNED BE SUBMITTED.

WHAT IS THE TYPICAL TIME FRAME OR THAT THAT SHOULD BE DONE? THERE IS NOT A TYPICAL FRAME TIME FRAME BECAUSE IT'S NOT LAID OUT IN THE ORDINANCE OR IN THE ZONING CATEGORY AS WHEN THAT'S TO BE DONE.

IT JUST DICTATES HOW MUCH COMMERCIAL MUST BE PROVIDED, PER HOW MANY RESIDENTIAL UNITS ARE THERE. SO THERE IS NO TYPICAL.

SO IN TERMS OF IN TERMS OF THIS SECTION, HERE WE ARE SAYING WHEN YOU REACH 50 PERCENT, WHAT WHAT IS IT THE RESPONSE YOU'D LIKE FROM US REGARDING THAT? IN TERMS OF THE BOARDING, I UNDERSTAND.

SO IF YOU IF YOU WANTED TO HAVE A PERCENTAGE OR IF YOU WANTED TO LET THE MARKET DICTATE, YOU KNOW, WE'VE ALWAYS HEARD THAT COMMERCIAL WILL FOLLOW A CERTAIN NUMBER OF ROOFTOPS.

IT'S REALLY THE BOARD'S DESCRIPTION OF WHAT THEY FEEL COMFORTABLE WITH.

[00:25:03]

AND THE OTHER QUESTION IS FOR STAFF.

YOU THINK YOU, PATRICK, WILL THE REPRESENTATIVE PLEASE COME TO THE PODIUM? GOOD EVENING, ANNA SAUNDERS WITH BSE CONSULTANTS THREE TWELVE SOUTH HARBOR CITY BOULEVARD, MELBOURNE, FLORIDA, THREE TWO NINE ZERO ONE AS USUAL, STAFF HAS WRITTEN AN EXCELLENT REPORT. THERE'S NOT MUCH THAT I CAN ADD TO IT OTHER THAN OTHER THAN WE ARE HAPPY TO AGREE AND COMPLY WITH THE CONDITIONS.

THERE ARE SOME TECHNICAL STAFF COMMENTS THAT WERE IN HERE THAT I'VE SPOKEN WITH STAFF ABOUT THERE, MAYBE A NOT QUITE IN SYNC WITH THE CONSTRUCTION PLANS THAT HAVE TURNED IN.

AND SO WE'RE GOING TO WORK THROUGH THOSE SO THAT THEY GET REVISED BEFORE THEY GO TO CITY COUNCIL. OTHER THAN THAT, WE DON'T HAVE ANY ISSUES WITH ANY OF THE COMMENTS AND RESPECTFULLY REQUEST YOUR APPROVAL.

OKAY, THANK YOU AND SUPPORT.

HAVE ANY QUESTIONS FOR MS. SAUNDERS. I GUESS MY QUESTION WOULD BE ALONG THE LINE OF COMMERCIAL.

SO THE COMMERCIAL PARTNERS IN PATRICK HIT THE NAIL ON THE HEAD, IT'S MARKET DRIVEN A CERTAIN NUMBER OF ROOFTOPS.

THE COMMERCIAL FOLKS COME KIND OF LIKE THE FIELD OF DREAMS MOVIE.

I REMEMBER AS A KID.

WE DON'T OWN THAT COMMERCIAL PARCEL, SO THERE'S NO WAY FOR ME TO ENCUMBER OR PUT A FIXED TIME FRAME ON WHEN SOMETHING WILL SPECIFICALLY COME IN THERE.

BUT THE MORE ROOFTOPS THAT GET BUILT AND RIGHT NOW PHASE ONE HAS BEEN CEO.

DO YOU SEE A LOT OF ROOFTOPS BEING CONSTRUCTED OUT THERE? PHASE TWO? WE'RE ALMOST FINISHED WITH CONSTRUCTION MOVING FORWARD WITH PHASES THREE AND FOUR, SO VERY SOON WE'RE GOING TO HAVE A LARGE NUMBER OF ROOFTOPS OUT THERE THAT WILL DEMAND THAT COMMERCIAL AND TODAY.

AND WE'RE HOPEFUL THAT SOMETHING WILL COME SOONER RATHER THAN LATER.

MR., YOU'RE NOT A SPECIFIC ANSWER, I DON'T HAVE A SPECIFIC TIME FRAME FOR YOU, I DON'T HAVE A WAY TO PROVIDE THAT.

I JUST WANT TO ASK.

LET ME ASK THIS QUESTION.

SURE. WILL IT MARAGH? IS THERE A DIFFERENCE? IS THERE ANOTHER TYPE OF DEVELOPMENT THAT THIS WILL MARAGH? I'M SORRY, IS IT? IS THIS THIS THIS PUDI? I MEAN, THIS. THIS FINAL DEVELOPMENT.

IS THERE A LET'S SAY THAT THERE'S SOMETHING IN VIAGRA OR SOMETHING IN IN ORLANDO THAT THIS WOULD MIRROR THAT WOULD GIVE US AN IDEA OF WHAT IT WOULD MERIT? LIKE A SIMILAR PRODUCT IMAGE? MIKE, DO YOU HAVE A SIMILAR PRODUCT TYPE? I MEAN, IT'S IT'S WE DON'T HAVE A SPECIFIC BUILDER RIGHT NOW THAT I'M AWARE OF TO COME AND BUILD IT, BUT WE WE SAT DOWN AND TALK WITH STAFF.

WE NOODLED THIS SITE PLAN, I THINK MULTIPLE TIMES AND PATRICK CAN ATTEST TO THAT.

AND HAVING CONVERSATIONS WITH YOUR PLANNING STAFF INDICATED THAT TOWNHOUSES WAS A MARKET THAT PALM BAY WAS SORT OF MISSING THE BEAT ON.

AND SO WE SETTLED ON THAT.

WE HAD INITIALLY COME BACK WITH INITIALLY STARTED WITH SINGLE FAMILY HOMES AND CAME BACK WITH A WITH A TOWNHOME PRODUCT.

SO IT'S A 30 FOOT WIDE PRODUCT TO SIDE BY SIDE TO A 60 FOOT WIDE BUILDING.

I CAN HAVE I CAN GET AN ANSWER FOR YOU, BUT NOTHING COMES TO MIND OFF THE TOP OF MY HEAD RIGHT NOW, AS FAR AS A SPECIFIC EXAMPLE THAT I COULD PROVIDE YOU TO DRIVE BY AND LOOK AT.

I JUST WANT TO POINT OUT TO THE REST OF BOARD, TOO, THAT THIS FINAL DEVELOPMENT PLAN ONLY REFERS TO THE 120 TOWNHOMES ON NINETEEN POINT ONE TWO ACRES.

YES, SIR. ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU. SURE. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING AND IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSE THE APPLICATION? NO, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION, CAN I GET A MOTION, PLEASE? MOTION TO APPROVE FWD THIRTY FIVE TWENTY TWENTY ONE.

SUBJECT TO THE CONDITIONS.

AGAIN, MOTION FROM DON, SECOND FROM LITA.

ANY FURTHER DISCUSSION? NONE ALL IN FAVOR, SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY.

THANK YOU, OUR NEXT CASE, PLEASE, CHRIS.

OUR NEXT CASE IS SEE YOU.

THIRTY NINE, TWENTY TWENTY ONE.

BACKGROUND THE SUBJECT PROPERTY IS LOCATED SOUTH OF AN ADJACENT TO MALABAR ROAD, SOUTHEAST AND VICINITY EAST OF VALAR DRIVE SOUTHEAST.

SPECIFICALLY, TAX PARCEL TWENTY TWO SECTION FIVE TOWNSHIP TWENTY NINE RANGE THIRTY SEVEN IN BREVARD COUNTY, FLORIDA.

THE SUBJECT PROPERTY RECEIVED CONDITIONAL USE APPROVAL VIA TWELVE TWO THOUSAND BY RESOLUTION TWO THOUSAND SIXTEEN.

THE REQUEST FROM TWO THOUSAND WAS APPROVED WITH A BINDING SITE PLAN.

ANY SUBSTANTIAL CHANGES TO SAID PLAN REQUIRE AN AMENDMENT TO THE EXISTING APPROVAL.

MR. REQUEST INCLUDES APPROXIMATELY ONE POINT ONE NINE ACRES OF LAND.

ANALYSIS THE PROPOSED REQUEST IS TO DEMOLISH THE EXISTING OUTDATED CAR WASH PARKING AREAS AND CONSTRUCT A FOUR THOUSAND TWENTY FOUR SQUARE FOOT SINGLE STOREY AUTOMATIC TUNNEL CAR WASH WITH 20 SELF OPERATED CLEANING AREAS WHICH ARE VACUUMING AND DRYING STATIONS.

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

[00:30:05]

ITEM EIGHT DEALS WITH ADEQUATE INGRESS AND EGRESS, ACCORDING TO THE CONCEPTUAL SITE PLAN SITE WILL BE ACCESSED FROM THE EXISTING DRIVEWAY LOCATED ALONG MALABAR ROAD, SOUTHEAST SHARED WITH SONY'S BARBECUE.

THE SITE HAS EXISTING CROSS ACCESS TO SONNY'S BARBECUE PARKING LOT.

TONY'S BARBECUE HAS A CROSS ACCESS AGREEMENT WITH WALMART AND MADE DEALS WITH ADEQUATE OFF STREET PARKING AND LOADING AREAS.

THE CITY'S LAND DEVELOPMENT CODE DOES NOT CONTAIN A MINIMUM PARKING STANDARD FOR A CAR WASH FACILITY. THE CONCERN WITH SUCH FACILITY IS THE STACKING AREA PROVIDED FOR VEHICLES WAITING TO ENTER THE CAR WASH FACILITY FOR THIS PARTICULAR OPERATION.

VEHICLES MOVE THROUGH THE WASHING FACILITY ON A COMPUTER CONTROLLED TRACK THAT BRINGS THE VEHICLE THROUGH THE WASH AND AUTOMATIC BLOWERS.

PATRONS HAVE THE OPTION OF LEAVING THE SITE OR PULLING INTO A SELF-SERVE SPACE TO VACUUM THE INSIDE OF THEIR VEHICLES AND OR DRY OFF EXCESS WATER.

THE PLAN PROPOSES 20 SUCH SPACES, AS WELL AS TWO ADDITIONAL TWO STANDARD PARKING SPACES WITH NO FACILITIES BASED ON THE STACKING CONCEPT PLAN.

17 VEHICLES MAY BE ACCOMMODATED NORTH OF THE BUILDING WITHOUT BLOCKING TRAFFIC, ENTERING OR EXITING THE SITE.

SEE IS WITH ADEQUATE, PROPERLY LOCATED UTILITIES, EXISTING CAR WASH IS CURRENTLY SERVICED BY A TWO INCH WATER MAIN THAT CONNECTS TO THE EXISTING FOUR INCH WATER MAIN LOCATED ALONG MALABAR ROAD AND A THREE INCH FORCE MAIN FROM A PRIVATE LIFT STATION LOCATED ON THE NORTHEAST PORTION OF THE SITE.

PROPERTY IS CURRENTLY SERVICED BY FLORIDA POWER AND LIGHT.

ANY ADDITIONAL UPGRADES WILL BE REQUIRED TO BE DESIGNED, PERMANENT, INSTALLED AND INSPECTED AT THE DEVELOPERS COST.

HE DEALS WITH ADEQUATE SCREENING AND BUFFERING.

PARCEL OF LAND OF WHICH THIS DEVELOPMENT IS PROPOSED IS CURRENTLY AN EXISTING CAR WASH.

THE SITE ABUTS MALABAR ROAD TO THE NORTH, SUNNY'S BARBECUE TO THE EAST AND CROWN SQUARE COMMERCIAL SUBDIVISION TO THE SOUTH AND WEST.

BUILDING IS APPROXIMATELY FOUR HUNDRED FEET FROM THE PROPOSED APARTMENT COMPLEX LOCATED SOUTH OF THE PROPOSED CAR WASH.

THE STANDARD LANDSCAPE CODE AND SEPARATION DISTANCE APPEAR TO BE SUFFICIENT BUFFERING FROM THE EXISTING DEVELOPMENT.

I MEAN, IT DEALS WITH SIGNS NO SIGNS ARE SHOWN ON THE DRAWING AND A LIGHTING PLAN WAS NOT PROVIDED. SHALL WE NOTED THAT THE CITY CODE REQUIRES ANY LIGHTING TO BE SHIELDED AND OR DIRECTED DOWNWARD TO AVOID CREATING A NUISANCE TO ADJACENT PROPERTIES OR ANY ADMINISTRATIVE SITE? PLAN REVIEW OF LIGHTING AND PHOTOMETRIC PLAN WILL BE REQUIRED.

F DEALS WITH YARD AND OPEN SPACE.

THE YARD AN OPEN SPACE REQUIREMENTS OF THE ZONING CODE HAVE BEEN MET.

A NEW STATION WILL BE CONSTRUCTED IN THE CENTER OF THE LAW.

TYPO. JE PROPOSE USE WILL NOT CONSTITUTE A NUISANCE OR HAZARD BECAUSE OF THE NUMBER OF PERSONS WHO WILL ATTEND OR USE THE FACILITY PROJECT HAS BEEN DESIGNED WITH SUFFICIENT DRIVE AISLES AND AMPLE ONSITE MANEUVERABILITY.

MOREOVER, THE LOOP STACKING ON SITE INTERNAL DRIVEWAY CONNECTIONS WILL PROVIDE OR SAFER OFF STREET MOVEMENT OF VEHICLES.

I'M H. THE USE OF THE PROPOSED DEVELOPMENT WILL BE COMPATIBLE WITH THE EXISTING ON OR PERMITTED USES OF THE ADJACENT PROPERTY.

PROPOSE USE IS PERMITTED VIA CONDITIONAL USE AND THE SITE WAS PREVIOUSLY A CAR WASH FACILITY. THE SITE IS BORDERED BY COMMERCIAL LAND TO THE SOUTHEAST AND BY MALABAR ROAD TO THE NORTH. I DEVELOPMENT AND OPERATION OF BROSIUS WILL BE IN FULL COMPLIANCE WITH ANY ADDITIONAL CONDITIONS AND SAFEGUARDS WITH CITY COUNCIL MAY PRESCRIBE.

THE BOARD AND COUNCIL HAVE THE AUTHORITY TO AND RIGHT TO IMPOSE ANY ADDITIONAL AND JUSTIFIABLE SAFEGUARDS AND OR CONDITIONS TO ENSURE THE FACILITY OPERATE SAFELY AND HARMONIOUSLY WITH ITS SURROUNDING.

THAT'S CONCLUSION.

A S.U. THIRTY NINE, TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL, SUBJECT TO STAFF COMMENTS CONTAINED IN THIS REPORT.

THAT I'D BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE AND THE APPLICANT IS IN ATTENDANCE. THANK YOU, CHRIS, AS BOARD HAVE ANY QUESTIONS FOR STAFF.

NO, AT THIS TIME, I'LL ASK THE APPLICANT TO COME TO THE PODIUM.

THANK YOU, JAKE WISE, CIVIL ENGINEER FOR THE PROJECT BUSINESS, ADDRESSES TWENTY SIX, FIFTY ONE WEST OF GALEY BOULEVARD.

AS ALWAYS, STEPH DID A VERY THOROUGH JOB REVIEWING THIS PROJECT.

THE SITE, IF YOU'VE BEEN BY THERE, IS THE OLDER STYLE CAR WASH AND WE'RE PROPOSING TO PUT IN ONE OF THE NEW MODERN TUNNEL CAR WASHES WITH THE OUTSIDE VACUUMS. THE ARCHITECTURE ON IT IS SOMETHING THAT THE CITY HAS ALREADY REVIEWED AND ITS MODERN ARCHITECTURE. IT'S A REALLY ATTRACTIVE BUILDING, IN OUR OPINION.

WE DO EXTEND BOTH WATER AND WASTEWATER TO THE SITE.

CITY UTILITIES AND WE ARE PUTTING IN A VERY ADVANCED REUSE SYSTEM FOR THE WATER, YOUR OLDER PREVIOUS TYPES OF CAR WASHES.

WE DO HAVE AN EXISTING DRIVEWAY THAT'S SHARED WITH SUNNIES, AND IT DOES INCLUDE AN EASEMENT THAT ALLOWS ACCESS ALL THE WAY TO THE WAL-MART PARKING LOT, WHICH HAS A TRAFFIC SIGNAL. SO WE'RE NOT ADDING ANY NEW DRIVEWAYS AT ALL.

AND WE DID HAVE A NEIGHBORHOOD MEETING, DID NOT HAVE ANY ATTENDEES AT IT, AT ALL.

[00:35:05]

AS YOU HEARD FROM STAFF, WE MEET ALL THE CRITERIA OF ITEMS A THROUGH EYE.

WE WON'T GO BACK THROUGH THEM AGAIN UNLESS YOU HAVE ANY QUESTIONS.

AND THIS IS RIGHT NEXT TO ANOTHER PROJECT WITH FOUR COMMERCIAL LOTS UNDER CONSTRUCTION NOW CROWN SQUARE, THEY MENTIONED.

SO THIS AREA IS KIND OF GETTING A LITTLE BUSIER WITH THE COMMERCIAL PROPERTIES.

SO WITH THAT, WE HAVE STAFF'S RECOMMENDATION OF APPROVAL.

APPRECIATE THE CHANCE TO RESPOND IF THERE'S ANY PUBLIC COMMENTS AND HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. THE BOARD HAVE ANY QUESTIONS FOR MR. WISE. THANK YOU, JAKE.

ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED.

YOU KNOW IT, I WILL CLOSE THE PUBLIC HEARING AND BRING THEM BACK TO THE BOARD FOR A MOTION. I GOT A MOTION, PLEASE.

SECOND MOTION FROM LEADER, SECOND FROM DON, ANY FURTHER DISCUSSION.

ON TO SAY I OPPOSED.

MOTION CARRIES UNANIMOUSLY.

THAT WAS FAST AND PAINLESS, JAKE.

OR IN THIS CASE, PLEASE, PATRICK.

THANK YOU, MR. CHAIRMAN. THIS CASE IS FD FORTY TWENTY TWENTY ONE.

BACKGROUND. PROPERTIES LOCATED THE TERMINUS OF COUNTRY CLUB DRIVE NORTHEAST BETWEEN PORT MALABAR BOULEVARD TO THE EAST AND RIVIERA DRIVE TO THE WEST.

SPECIFICALLY, THE PROPERTY IS TAX PARCELS 251 AND 253, SECTION 28 TOWNSHIP, 28 SOUTH RANGE, THIRTY SEVEN EAST FOR BROWARD COUNTY, FLORIDA.

THE PROPERTIES INCLUDE APPROXIMATELY SEVENTY FOUR POINT TWENTY FOUR ACRES OF LAND.

PROPERTY CONSISTS OF THE NORTHERN PORTION OF WHAT WAS ONCE PORT MALABAR COUNTRY CLUB GOLF COURSE. THE CURRENT ZONING OF THE PROPERTY IS ASK ONE SINGLE FAMILY RESIDENTIAL AND THE PROPERTY IS BORDERED BY ASK ONE ZONING TO THE NORTH, SOUTH AND EAST TO THE WEST IS ASKED ONE ZONING AND ARMED MEN SINGLE TO AND MULTIPLE FAMILY RESIDENTIAL ZONING, SINGLE FAMILY HOMES, TOWNHOMES, CONDOMINIUMS AND APARTMENTS LIE ADJACENT TO THE SUBJECT PROPERTY.

PROJECT HISTORY, FINAL SUBDIVISION APPROVAL FOR PHASE ONE AND TWO HUNDRED AND ONE LOTS ON FIFTY TWO POINT ACRES WAS APPROVED BY FS TWO TWENTY FIFTEEN FINAL SUBDIVISION APPROVAL FOR PHASE THREE, 30 LOTS AND THIRTEEN POINT FOUR ACRES.

IT WAS APPROVED BY FS THREE TO 18 FINAL SUBDIVISION APPROVAL FOR PHASE FOUR.

SIXTY EIGHT LOTS ON THIRTY TWO POINT THREE ONE ACRES WAS APPROVED BY FS ONE TWENTY TWENTY ONE. PRELIMINARY PD APPROVAL FOR PHASE FIVE, WHICH IS WHAT WE'RE DISCUSSING NOW FOR TWO HUNDRED UNITS ON SEVENTY FOUR POINT TWENTY FOUR ACRES, WAS APPROVED BY PD TO TWENTY TWENTY ONE. THE CURRENT REQUEST IS FOR FINAL DEVELOPMENT PLAN APPROVAL, ZONING UPON THE REMAINING SEVENTY FOUR ACRES OF THE OVERALL DEVELOPMENT.

THIS WILL BE THE FIFTH AND FINAL PHASE OF THE COUNTRY CLUB LAKES ESTATES SUBDIVISION.

UPON COMPLETION, KELLY WILL TOTAL ONE HUNDRED AND SEVENTY TWO ACRES OF MIXED HOUSING.

THE APPLICANT IS PALM BAY GREENS LLC, AND THEY ARE REPRESENTED BY THEIR CIVIL ENGINEER, MR. DAVID BASFORD OF MVT ENGINEERING ANALYSIS PLANNING UNIT.

DEVELOPMENT IS A CONCEPT WHICH ENCOURAGED AND PERMITS VARIATION IN RESIDENTIAL DEVELOPMENTS BY ALLOWING DEVIATION AND LOT SIZE, BULK OR TYPE OF DWELLINGS.

DENSITY BLOCK COVERAGE.

SETBACKS IN OPEN SPACE FROM THOSE ELEMENTS REQUIRED IN ANY SINGULAR ZONING CLASSIFICATION FOUND IN THE CITY ZONING CODE.

PURPOSE OF THE MILLENNIUM 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.

THE PLANNING DEVELOPMENT PROCESS SIMPLIFIES THE PROCEDURE FOR OBTAINING APPROVAL OF THESE DEVELOPMENTS. SIMULTANEOUS REVIEW OF THE PROPOSED LAND USE SITE CONSIDERATION, PUBLIC NEEDS AND REQUIREMENTS, AND HEALTH AND SAFETY FACTORS.

APPROVAL OF THE FTP REQUESTS WOULD BE IN THE FORM OF AN ORDINANCE AND RECORDED IN THE PUBLIC RECORDS OF BREVARD COUNTY.

SPECIFICALLY, THE FDP PROPOSES A ONE HUNDRED AND NINETY NINE UNIT RESIDENTIAL DEVELOPMENT CONSISTING OF ONE HUNDRED AND FIFTY THREE SINGLE FAMILY LOTS AND FORTY SIX DUPLEX LOTS.

A TOTAL OF SEVENTY TWO LOTS ARE PLACED ALONG THE PERIMETER OF THE PROJECT, ADJACENT TO EXISTING LOTS OUTSIDE THE PROJECT, WHICH CARRY THE SAME LOT WITH EIGHTY ONE INTERIOR LOTS. COMPLETE THE SINGLE FAMILY PORTION OF THE PROJECT AND ARE DESIGNED TO BE 60 FOOT WIDE. THE FORTY SIX DUPLEX LOTS ARE LOCATED BETWEEN THE BIMINI BAY TOWNHOME COMMUNITY AND THE MALABAR APARTMENT COMPLEX TO THE WEST AND THE ISLAND GREEN VILLAS CONDOMINIUMS TO THE EAST. THE OVERALL DENSITY OF THE PROJECT IS TWO POINT SIXTY EIGHT UNITS PER ACRE AND THE MINIMUM SIZE HOME SHALL BE EIGHT HUNDRED SQUARE FEET.

THERE ARE MANY EXCEPTIONAL SPECIMEN TREES PRESENT ON THE SITE AS THE PROPERTY IS PART OF A FORMER GOLF COURSE.

A CITY SUBDIVISION CODE REQUIRES THE APPLICANT TO MAKE A CONCERTED EFFORT TO PRESERVE AS MANY OF THESE TREES AS POSSIBLE.

EXISTING SPECIMEN TREES HAVE BEEN SURVEYED AS THE SIZE AND LOCATION, AND THE PROJECT DESIGNED TO PRESERVE MANY OF THEM THROUGH VARIOUS OPEN SPACE TRACKS.

SEVERAL SPECIMEN TREES WILL BE REMOVED DUE TO THE FUTURE INFRASTRUCTURE, AND FUTURE HOME SITES WILL BE MITIGATED FOR DURING THE CONSTRUCTION PLAN REVIEW.

INTERCONNECTED AND WET DETENTION PONDS WILL SERVE AS STORMWATER TREATMENT FOR ALL PHASES

[00:40:01]

OF THIS DEVELOPMENT WITH AN OVERFLOW STRUCTURE THAT DISCHARGES INTO THE EXISTING PONDS AND PHASE ONE AND TWO OF CLEAN.

THAT SYSTEM OUTFALLS INTO THE ONE CANAL HISTORICAL FLOW FROM OFF SITE WILL ALSO BE ACCOMMODATED. ENGINEERED STORMWATER DESIGNS WILL BE REQUIRED FOR THE FINAL DEVELOPMENT PLAN SUBMITTAL PRIOR TO COMMENCEMENT AND CONSTRUCTION.

THE DESIGN SHALL BE APPROVED BY BOTH THE CITY'S PUBLIC WORKS DEPARTMENT AND THE ST.

JOHNS RIVER WATER MANAGEMENT DISTRICT.

THE INTERNAL ROAD NETWORK WILL BE DESIGNED TO MEET CITY STANDARDS UNLESS FORMALLY REQUESTED FOR CITY ACCEPTANCE.

THE ROADS SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION.

AN EASEMENT ERROR HAS BEEN DISCOVERED REGARDING THE LOCATION OF THE EXISTING 24 FOOT WIDE DRIVEWAY ACCESS FOR THE ISLAND GREEN VILLAS, WHICH IS A CONDOMINIUM DEVELOPMENT THAT IS SURROUNDED BY. THAT IS, A PORTION OF THE DRIVEWAY EXIST UPON THE APPLICANT'S PROPERTY.

THE APPLICANT HAS INFORMED STAFF THAT THEY INTEND TO PREPARE A QUICK CLAIM DEED FOR A 30 FOOT WIDE PARCEL TO BE CENTERED ON THE EXISTING DRIVE AT NO COST TO IGTV.

THIS IS ALSO BEING DONE TO INCLUDE AND PRESERVE A ROW OF EXISTING TREES THAT PARALLEL THE ENTRANCE DRIVE. EXECUTION OF THIS ACTION WILL BE REQUIRED PRIOR TO CONSTRUCTION PLANNING APPROVAL OF THIS PHASE.

ADDITIONALLY, THE APPLICANT INTENDS TO RECONFIGURE THE COUNTRY CLUB DRIVE ACCESS IN FRONT OF IGTV TO INCLUDE A LANDSCAPE ISLAND WITHIN THE ROAD TO PRESERVE IN EXCESS OF AN EXCEPTIONAL SPECIMEN OAK TREE.

PART OF THE FDP SUBMITTAL, A TRAFFIC IMPACT ANALYSIS HAS BEEN SUBMITTED THAT EXAMINES THE OVERALL PROJECT TO IDENTIFY ROADWAY IMPROVEMENTS THAT MIGHT BE NEEDED FOR A TWO THOUSAND TWENTY SIX BUILD OUT SCENARIO.

THE STUDY, WHICH WAS PREPARED BY THE LASTER TRANSPORTATION GROUP, DETERMINED THAT THE SIGNALIZED INTERSECTIONS IN THE STUDY AREA ARE FUNCTIONING AND ACCEPTED LEVELS, THEY WILL NOT BE NEGATIVELY AFFECTED BY THIS PROJECT.

BASED ON THE ANALYSIS, NEITHER OF SOUTHBOUND LEFT TURN LANE NOR NORTHBOUND RIGHT TURN LANE IS WARRANTED AT THE PROJECT'S DRIVEWAY AT RIVIERA DRIVE.

HOWEVER, THE STUDY DID SHOW THAT THREE ROAD SEGMENTS WOULD BE AFFECTED WHEN THE OVERALL CCL COMMUNITY IS BUILT OUT.

THESE SEGMENTS ARE PORT MALABAR BOULEVARD FROM RIVIERA TO BABCOCK BABCOCK, ST CHARLES DE MALABAR ROAD AND MALABAR ROAD FROM BABCOCK TO I-95.

WE'RE OVER IT IS RECOMMENDED THAT THE ROAD SEGMENTS OF BABCOCK STREET AND PORT MALABAR BOULEVARD BE DEEMED CRITICAL DUE TO THE ROAD SEGMENTS APPROACHING MAXIMUM CAPACITY UNDER THE BUILD OUT SCENARIO.

DURING CONSTRUCTION PLAN REVIEW, CITY STAFF WILL BE DETERMINING THE DEVELOPER'S PROPORTIONATE, FAIR SHARE FOR THESE ROAD IMPROVEMENTS.

CITY STAFF WILL ALSO NEED TO OPTIMIZE THE SPLITS AT NEARBY TRAFFIC SIGNALS.

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

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

SECTION ONE EIGHT FIVE ONE ZERO SIX FIVE OF THE CITY'S CODE OF ORDINANCES REQUIRES THE PLANNING AND DEVELOPMENT TO PERMANENTLY SET ASIDE AND DESIGNATE ON THE SITE PLAN RECREATIONAL AND OR OPEN SPACE FOR USE BY THE RESIDENTS OF THE PD.

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

AN 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 BUILDING.

THE PDP PLAN PROVIDED A BREAKDOWN SHOWING THAT THE MINIMUM SET ASIDE OF TWENTY FIVE PERCENT OF THE ACREAGE OF THE PD HAS BEEN MET BY A SERIES OF OPEN SPACE TRACKS AND UP ON AREAS WITHIN THE STORM TRACKS.

A NOTE WAS INCLUDED UPON THIS PLAN THAT THE POND SHALL BE IMPROVED WITH EITHER DOCKS OR PIERS IN HIS STAFF'S POSITION.

THE INTENT OF ONE EIGHTY FIVE POINT SIXTY FIVE IS TO PROVIDE MORE THAN JUST OPEN AREAS.

TO THAT EXTENT, STAFF RECOMMENDS THAT THE LARGE AREA IN THE SOUTH OF THIS PHASE INDICATED THIS OSD, WHICH CONTAINS MANY LARGE SPECIMEN TREES, BE PROVIDED WITH A WALKING TRAIL AND SITTING BENCHES. THE CONDITION OF THE PDP APPROVAL WAS TO PROVIDE AN ENVIRONMENTAL STUDY THAT INCLUDED WETLAND AND ENDANGERED SPECIES ASSESSMENTS.

THE STUDY WAS CONDUCTED BY ATLANTIC ENVIRONMENTAL OF FLORIDA.

THE CONCLUSION OF THE REPORT FOUND NO WETLANDS TO EXIST UPON THEIR PROPERTY.

IT DID IDENTIFY THAT THERE IS SUITABLE GOPHER TORTOISE HABITAT WITHIN A PORTION OF THE PROPERTY, AND THE CONSULTANT RECOMMENDS HAVING A FORMER NORMAL GOPHER TORTOISE SURVEY COMPLETED PRIOR TO CLEARING OVER 100 PERCENT OF THE SUITABLE ONSITE HABITAT.

SURVEY DID NOT INDICATE ANY PROTECTED WADING BIRD SPECIES ARE USING THEIR PROPERTY IN A WAY THAT IS SIGNIFICANTLY DEPENDENT UPON THE ONSITE HABITAT.

NO NESTS WERE OBSERVED ON THE PROPERTY AND NO SIGNS OF THESE SPECIES WERE NOTED.

HOWEVER, ENVIRONMENTAL INEKE NOTED THAT THE ST.

JOHNS RIVER WATER MANAGEMENT DISTRICT MAY CONSIDER PORTIONS OF THE EXISTING SURFACE WATERS TO BE SUITABLE WOOD STORK FORAGING HABIT.

IT MAY REQUIRE MITIGATION DURING REVIEW OF THE ENVIRONMENT RESOURCE PERMIT THAT THE DISTRICT WILL ISSUE FOR THIS PHASE OF THE DEVELOPMENT.

GDP WAS ALSO CONDITIONED UPON THE APPLICANT PROVIDING A REMEDIAL ACTION PLAN FOR MITIGATION OF POTENTIAL SOIL CONTAMINANTS DUE TO THE LONG TERM USE OF FERTILIZERS AND OTHER CHEMICALS TYPICALLY ASSOCIATED WITH GOLF COURSE MANAGEMENT.

A SOURCE REMOVAL REPORT.

OF EXECUTIVE EXECUTIVE, SORRY, LIMITED SCOPE REMEDIAL ACTION PLAN WAS CONDUCTED BY AG

[00:45:02]

CONSULTING. THE REPORT INCLUDED A RECOMMENDATION FOR NO FURTHER ACTION WITHOUT CONDITIONS. THE REPORT WAS REVIEWED BY THE FLORIDA DEPARTMENT OF ENVIRONMENT PROTECTION.

BASED ON THE DEPARTMENT'S REVIEW, THE SOURCE REMOVAL REPORT WAS APPROVED.

THE DEPARTMENT FURTHER NOTED THAT THE SITE ASSESSMENT REQUIREMENTS FOR RULE SIXTY TWO POINT SEVEN EIGHTY POINT SIX HUNDRED HAVE BEEN SATISFIED IN SITE ASSESSMENT IS CONSIDERED COMPLETE. THEREFORE, A SITE REHABILITATION COMPLETION ORDER WITHOUT CONDITIONS WAS ISSUED TO THE APPLICANT BY THE DEPARTMENT.

LASTLY, TECHNICAL STAFF REVIEW COMMENTS ARE ATTACHED TO THIS REPORT AND SHALL BE INCORPORATED INTO THE CONSTRUCTION DRAWINGS AND SUBDIVISION PLOT CONDITIONS TO RECEIVE FINAL PLANNED UNIT DEVELOPMENT APPROVAL.

THE PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION ONE EIGHTY FIVE POINT ZERO SIX SEVEN OF THE CODE OF AUDIENCES ON REVIEW.

IT APPEARS THAT THE REQUEST IS IN CONFORMANCE THE POLITICAL REQUIREMENTS OF THIS SECTION, SUBJECT TO THE FOLLOWING ITEMS BEING ADDRESSED DURING THE CONSTRUCTION PLAN REVIEW PROCESS APPROVAL OF THE SUBDIVISION PLOT AND OPINION OF TITLE DEVELOPMENT STANDARDS SHALL BE PROVIDED IN THE FIFTH AMENDMENT TO THE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR CCL, SPECIFICALLY MINIMUM HOME SIZE AND MINIMUM SETBACKS FOR ALL STRUCTURES. CONSTRUCTION PLAN REVIEW APPROVAL.

THE AFGHAN IS REQUIRED TO DESIGN WATER AND SEWER SYSTEMS OF ADEQUATE SIZE TO ACCOMMODATE THE DEVELOPMENT AND DEPICT SUCH DESIGN ON CONSTRUCTION DRAWINGS AND PROVISION OF BENCHES IN A WALKING TRAIL WITHIN OSD STAFF RECOMMENDATION CASE FWD 40 20 TWENTY ONE IS RECOMMENDED FOR APPROVAL SUBJECT TO THESE COMMENTS CONTAINED IN THE REPORT.

HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THE APPLICANT'S REPRESENTATIVE IS IN ATTENDANCE.

OK, THANK YOU, PATRICK.

IT'S A BOARD HAVE ANY QUESTIONS FOR STAFF.

I'VE GOT A QUESTION, PATRICK.

THE REPORT STATES THAT THREE ROAD SEGMENTS WOULD BE AFFECTED WHEN THE OVERALL COMMUNITY IS BUILT OUT, WHICH IS ESTIMATED AT 2026.

AT WHAT POINT WILL THAT START TO BE ADDRESSED? SO DURING THE CONSTRUCTION PLAN REVIEW, THE CITY'S ENGINEERING DIVISION WILL DETERMINE WHAT THAT PROPORTIONAL FAIR SHARE, MEANING THIS DEVELOPMENT IS NOT CAUSING THOSE SEGMENTS TO FAIL ON ITS OWN.

THERE'S A LOT OF EXISTING BACKGROUND TRIPS, OBVIOUSLY FROM THE REST OF PALM BAY AND NEIGHBORING COMMUNITIES.

SO WHILE THEY ARE NOT GOING TO COMPLETE ALL OF THE IMPROVEMENTS THAT ARE NECESSARY, THEY'RE GOING TO PAY THEIR PORTION WHATEVER THAT MONETARY CONTRIBUTION IS, TO THEIR WHOLE DEVELOPMENT. THAT MONEY GOES INTO OUR CAPITAL IMPROVEMENTS PLAN FOR MAKING THOSE IMPROVEMENTS A REALITY.

AND WHEN THE CITY ATTAINS THE REMAINDER OF THE MONEY NEEDED TO DO IT, THAT'S WHEN THEY ARE GOING TO ACTUALLY COMPLETE THE IMPROVEMENTS.

SO I DON'T HAVE AN EXACT DATE.

IT'S WHEN THAT PLAN COMES INTO EFFECT.

I THANK YOU, PATRICK. IF THERE ARE NO OTHER QUESTIONS AT THIS TIME, I'LL OPEN THE PUBLIC HEARING. MR. BASFORD. GOOD EVENING, DAVID BEDFORD, MBB ENGINEERING STAFF, ALWAYS DOES, THEY DID A GOOD JOB OF PRESENTING IT.

I'M GOING TO SAVE ANY PRESENTATION, THAT KIND OF THING FOR ANOTHER TIME.

UNLESS THE BOARD HAS ANY QUESTIONS, I'LL GO AHEAD AND DEFER MY TIME TO REBUTTAL ANY COMMENTS? BOARD HAVE MANY QUESTIONS FOR MR BASTARDRY.

I'VE JUST QUESTIONS REGARDS TO YOUR COMMUNITY MEETING, IF YOU WERE YOU.

ANY QUESTIONS THAT CAME UP THAT YOU WANTED TO ADDRESS WITH US.

THERE WERE THERE WERE TWO CITIZENS MEETINGS, IF I REMEMBER CORRECTLY, I DIDN'T ATTEND ONE OF THEM. SO I DON'T KNOW WHAT ALL WAS DISCUSSED AT THAT ONE.

MOST OR ALL OF THOSE THAT THEY WILL INDICATE THAT THEY STILL HAVE SOME CONCERNS, BUT MOST OF THOSE WERE ADDRESSED IN OUR PART OF THE CONDITIONS.

THE OTHER QUESTIONS. THANK YOU, MR. BRADFORD. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING, IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS APPLICATION? SIR, WE SHOULD SPEAK IN FAVOR OF THE APPLICATION.

WELL, OK. ALL RIGHT.

IF THERE'S NO ONE WHO WISH TO SPEAK IN FAVOR OF THE APPLICATION, WHO WISHES TO SPEAK OPPOSED TO THIS APPLICATION? MA'AM, START WITH YOU.

GOOD EVENING, MY NAME IS CINDY CASANOVA, AND I LIVE AT 14 11 ISLAND GREEN DRIVE PALM BAY THREE TWO NINE ZERO FIVE AND I'M THE PRESIDENT OF THE ISLAND.

GREENVILLE IS HOMEOWNERS ASSOCIATION.

ONE NOTE I WANT TO MAKE IS THAT ISLAND GREEN IS TOWNHOMES, NOT CONDOMINIUMS. UM, OVER THE PAST FEW MONTHS, THE BOARD MEMBERS HAVE BEEN IN TOUCH WITH BRUCE MOYA.

WE MET WITH HIM ONCE AT HIS OFFICE AND WE'VE EMAILED BACK AND FORTH SEVERAL TIMES.

I DO WANT TO SAY UP FRONT, I'M NOT HERE TO ARGUE.

I SIMPLY HAVE A FEW QUESTIONS AND CONCERNS, AND I NEED TO BRING BACK SOME ANSWERS TO OUR COMMUNITY. FIRST, CURRENTLY, ISLAND GREEN DRIVE, WHICH IS THE ONLY ENTRANCE AND EXIT FOR

[00:50:03]

OUR COMMUNITY, IS LOCATED PARTIALLY ON ARLENE, EXCUSE ME, PARTIALLY ON OUR LAND AND PARTIALLY ON THE GOLF COURSE LAND, AND IT HAS BEEN THIS WAY FOR DECADES.

MR. MOYA TOLD THE ISLAND GREEN BOARD THAT THEY WILL CREATE QUICK CLAIM AND WARRANTY DEEDS AT THEIR EXPENSE TO SEND TO THE ROADWAY WITHIN THE STEM.

THE ROADWAY WILL NOT HAVE TO BE PHYSICALLY MOVED.

IT WILL ALL HAPPEN ON PAPER.

THEY'RE ALSO PLANNING TO GIVE US AN EXTRA THREE FEET ON EITHER SIDE OF THE TARRED ROADWAY. I HAVE REQUESTED THAT THE DEVELOPERS COVER THE COST OF OUR ATTORNEY FEES TO LOOK OVER THESE DOCUMENTS AND MR. MOYA OR HIS CLIENT DECLINED.

THE RESIDENTS OF ISLAND GREENVILLE IS UNDERSTAND THAT THIS DEVELOPMENT IS GOING TO HAPPEN REGARDLESS OF OUR WISHES, BUT WE ARE BEING COMPLETELY SURROUNDED BY NEW ROADS AND BUILDINGS, WHICH WILL CERTAINLY IMPACT OUR SOLITUDE AND TRANQUILITY.

SO WE BELIEVE THAT PAYING FOR OUR ATTORNEY FEES IS THE LEAST THEY CAN DO.

IF YOU TAKE A LOOK AT THE MAP, THE LITTLE TRIANGLE, THAT'S US AND WE'RE TOTALLY SURROUNDED. THERE IS AN AREA OF CONCERN REGARDING DRAINAGE DURING MAJOR RAIN EVENTS, WHICH IS THE AREA BEHIND.

OR TWELVE HUNDRED AND ESPECIALLY THE THIRTEEN HUNDRED BUILDINGS WHICH ARE ON THE NORTHEASTERN EDGE OF OUR LAND.

THEIR PLAN IS TO NARROW DOWN THE EXISTING WATERWAY IN THIS AREA.

NOT ONLY WILL OUR VIEW CHANGE FROM A MEADOW TO SOMEONE'S BACKYARD AND FROM A WATERWAY WITH ABUNDANT WILDLIFE TO NOTHING OR AN UNDERGROUND PIPE IS PLANNED.

BUT MORE IMPORTANTLY, THERE IS A CONCERN OF FLOODING IF THE FLOW ISN'T CONTROLLED.

ISLAND GREEN OWNS UP TO THE CENTERLINE OF THE EXISTING WATER BEHIND THESE TWO BUILDINGS.

WE WOULD LIKE TO REQUEST AN EXPLANATION IN LAYMAN'S TERMS OF HOW THIS IS GOING TO WORK FOR US. AND LASTLY, ACCORDING TO THE PLAN SUBMITTED BY THE DEVELOPER, THE NORTH ENTRANCE AT RIVIERA WILL BECOME THEIR MAIN ENTRANCE.

THE SECONDARY ENTRANCE IS THE SOUTH ENTRANCE, WHICH WILL BE LOCATED WITHIN JUST A FEW YARDS FROM THE ONLY ISLAND GREEN ENTRANCE AND EXIT.

THEY PLAN TO PLACE THEIR BANK OF MAILBOXES AND SEVEN HUNDRED OR SEVEN PARKING SPACES RIGHT NEXT TO OUR ROAD, EFFECTIVELY SANDWICHING OUR ENTRANCE BETWEEN THEIR MAILBOXES AND THEIR ENTRANCE. THIS WILL ALSO BE THEIR ONLY ACCESS TO THE GREEN SPACE WALKING PATHS.

WE BELIEVE THAT A BETTER SOLUTION WOULD BE TO LOCATE THE BANK OF MAILBOXES AT OR NEAR THEIR NORTHERN MAIN ENTRANCE.

ANOTHER OPTION WOULD BE FOR A SMALL BANK OF MAILBOXES FOR THE PROPOSED DUPLEXES ONLY AT THE SOUTHERN ENTRANCE.

FOR THIS TO BE THE ONLY PICKUP OF EXCUSE ME OF MAIL FOR TWO HUNDRED FAMILIES JUST A FEW YARDS BEFORE OUR ROADWAY IS RIDICULOUS.

CAN YOU IMAGINE THE BACKUP OF TRAFFIC ON A WEEKNIGHT WHEN EVERYONE FROM A 200 HOME COMMUNITY RETURNS FROM WORK AND STOPS TO PICK UP THEIR MAIL? THIS WILL NOT ONLY BE AN INCONVENIENCE, BUT COULD EASILY BECOME A SAFETY ISSUE FOR THE RESIDENTS, AS WELL AS FOR OUR FOLKS OUT ENJOYING A WALK.

ALSO, THIS AREA IS NOT PART OF THE TRAFFIC REPORT.

WE UNDERSTAND THAT THIS DEVELOPMENT IS GOING TO HAPPEN, BUT WE'RE ABOUT TO BECOME SURROUNDED BY BUILDINGS BLOCKING OUR VIEWS, NOISE FROM HUNDREDS OF CARS AND NEW NEIGHBORS, AS WELL AS HAVING TO PUT UP WITH POSSIBLY YEARS OF NOISE, DIRT AND DUST FROM THE CONSTRUCTION. I HONESTLY DON'T THINK THAT MOVING THE MAILBOXES ARE ADDING A SECOND MAILBOX LOCATION FARTHER NORTH, EITHER AT OR NEAR THE RIVIERA ENTRANCES.

TOO MUCH FOR US TO ASK.

IN FACT, I DID ASK IN AN EMAIL TO MR. MOYA, AND HIS RESPONSE WAS THAT THEY ARE COORDINATING WITH THEIR CLIENT TO SEE IF THIS IS POSSIBLE. BUT THE SIZE OF THE MAIL AREA PICK UP.

IT'S BASED ON SIMILAR PROJECTS AND THAT IT CAN ADEQUATELY SERVICE THE RESIDENTS WITHOUT TRAFFIC PROBLEMS. I HAVE TO WONDER IF THE SIMILAR PROJECTS SURROUND AN EXISTING COMMUNITY SUCH AS ISLAND GREEN. IT MAY BE FINE FOR THE NEW FOLKS MOVING IN, BUT IT WILL NOT BE FINE FOR THOSE OF US TRYING TO GET IN AND OUT OF OUR COMMUNITY.

THE COMMUNITY, WHICH HAS BEEN IN EXISTENCE FOR MORE THAN THREE DECADES.

I'M RESPECTFULLY ASKING THAT THIS PLANNING AND ZONING BOARD RECOMMEND TO THE CITY COUNCIL THAT THE DEVELOPERS DO THE FOLLOWING ONE PAY ALL LEGAL EXPENSES INCURRED BY ISLAND GREEN VILLAS IN REGARD TO THE DOCUMENTS RELATING TO ISLAND GREEN DRIVE TO ENSURE THAT THEIR DRAINAGE SOLUTIONS WILL NOT ONLY BE ADEQUATE FOR THEIR PROJECT, BUT WILL ALSO ENSURE THE SAFETY OF ISLAND GREEN VILLAS AND THREE MOVE THE PROPOSED MAIL PICK UP AREA ENTIRELY TO THEIR NORTHERN MAIN ENTRANCE, OR HAVE THE PICK UP AREA BY THE ISLAND GREEN ENTRANCE ROAD B FOR THE DUPLEXES ONLY.

THANK YOU FOR YOUR TIME AND ATTENTION.

THANK YOU, SIR.

YOU WANT TO SPEAK? AT THE BOARD'S PLEASURE, I'D LIKE TO WAIT TILL ALL THE COMMENTS ARE IN THAT WAY, I CAN ADDRESS THEM ALL. YES, YES, I'D LIKE THIS GENTLEMAN IS GOING TO SPEAK.

[00:55:08]

OK, MY NAME IS RUSS WOOD, AND I LIVE AT NINE, EIGHT SIX WYLIE CIRCLE IN PALM BAY ON THE FORMER OR MARAGH COUNTRY CLUB.

WE'VE LIVED IN OUR HOME FOR 25 YEARS.

WE'VE IMPROVED IT AND SPENT.

HUNDREDS AND HUNDREDS OF DOLLARS ON AN IMPROVEMENT.

I'M HERE TO OBJECT TO WHAT'S GOING ON.

IF YOU'RE FAMILIAR WITH ME, I'M THE PAST PRESIDENT OF THE PORT OF MALABAR COUNTRY CLUB COMMUNITY ASSOCIATION.

NOW THERE ARE TWO OTHER HOMEOWNER ASSOCIATIONS ON THE GOLF COURSE THAT'S ISLAND GREEN, HAZARE'S AND BIMINI BAY HAS THEIRS, AND WE HAD OURS.

WE HAD 200 MEMBERS WHO HAVE ALL RESIGNED AND QUIT NOW BECAUSE OF THEIR DISAPPOINTMENT ON WHAT'S GOING ON WITH THE GOLF COURSE.

WE FOUGHT THIS DEVELOPMENT FOR OVER 10 YEARS.

WE SPENT OVER SEVENTY FIVE THOUSAND DOLLARS ON LAWYER FEES TO COMBINE THIS DEVELOPMENT, AND OF COURSE, WE'VE LOST THE BATTLE.

WHEN WE FINALLY DID LOSE THE BATTLE, WE WERE UNDER THE IMPRESSION THAT IT WAS ALL GOING TO BE DEVELOPED. THE SAME WITH NICE HOUSES ON NICE LOTS WITH SET BACKS AND NO TWO STOREY HOMES ON THE PERIMETER.

I FIND OUT NOW THAT THAT'S NOT THE CASE.

NOT ONLY ARE WE GETTING THE DUPLEXES IN OUR BACKYARDS, WE'RE ALSO GETTING AN OPTION OF WHETHER OR NOT THEY WANT TO BUILD A TWO STORY HOUSE IN OUR BACKYARD.

PUT YOURSELF IN MY POSITION LIVING IN THE HOME FOR 25 YEARS, FINALLY GETTING IT PAID FOR HAVING AN UNOBSTRUCTED VIEW OF THE GOLF COURSE FOR ALL THESE YEARS TO SUDDENLY NOW BE WOKEN UP TO THE FACT THAT SOON WE'RE GOING TO HAVE A EIGHT FOOT WHITE PLASTIC FENCE IN OUR BACKYARD AND PERHAPS A TWO STORY HOUSE OVERLOOKING OUR BACKYARD.

AND THE REST GOES WITHOUT SAYING IT'S DISTURBING NOT ONLY US, BUT THE REST OF THE NEIGHBORHOOD'S NOT ONLY THE RESIDENTIAL PEOPLE, BUT THE TOWNHOUSE PEOPLE AND THE DUPLEX PEOPLE. APPARENTLY, THERE'S NOTHING THAT WE CAN DO ABOUT THIS SITUATION BECAUSE WHEN THEY SPLIT THE GOLF COURSE IN HALF AND DEVELOPED THE FIRST HALF WITH A NICE LUXURY HOMES, WE FELT AT THAT TIME WE WERE PROBABLY IN TROUBLE BECAUSE THEY WERE GOING TO TRY SOMETHING ON THE SECOND HALF OR HALF TO GET MORE, LOTS MORE PROFIT, SMALLER HOMES, DUPLEXES AND WHATEVER THEY CAN DO TO GET MORE MONEY OUT OF THE PROJECT.

SO I JUST WANTED TO REGISTER MY DISTURBANCE AND BEING UPSET WITH ENTIRELY THE WHOLE SITUATION AND UNFORTUNATELY FEELING THAT THERE'S REALLY NOTHING WE CAN DO ABOUT IT.

IT JUST APPEARS THAT WE'VE LOST THE BATTLE, BUT NOW IT JUST SEEMS LIKE THE LOSS IS GETTING WORSE. SO.

WITH THAT, ALL THE JORDAN MYSELF.

THANK YOU. THANK YOU, SIR.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK? EVENING. MINE IS THE MANILA PACKAGE.

WE ARE ALL READY FOR ME, OK, GREAT.

MY NAME IS KAREN SHRIMP.

I'M A RESIDENT OF ISLAND GREEN VILLAS.

I'VE BEEN THERE FOR 20 YEARS.

HARD TO BELIEVE I'M AT 13 15 ISLAND GREEN DRIVE AND I'VE BEEN A RESIDENT OF PALM BAY FOR 45 YEARS.

ISLAND GREEN VILLAS HAS SEVERAL CONCERNS POTENTIAL FLOODING DAMAGE TO OUR UTILITIES THAT RUN THROUGH THE BUILDING SITE.

LOSS OF TREES.

MS. LOCATION OF OUR PROPERTY IN THE MAILBOX.

TRAFFIC THAT YOU'VE BEEN ADVISED OF.

THE APPROVED PRELIMINARY SITE HAS BEEN ALTERED TO ADD LARGE WATER RETENTION PONDS JUST EAST OF IGTV.

CAN WE GET LIKE SLIDE SEE THREE OR FOUR MAYBE SHOWS THAT YOU CAN ALSO SEE IT IN YOUR IN YOUR HAND OUT THERE? IN THE MEANTIME, SO I'LL KEEP GOING.

SO WE HAVE TWO LARGE RETENTION POUNDS, WHICH IS NEW FROM THE PRELIMINARY PLAN.

THIS HAS CAUSED SEVERAL ISSUES.

THE TOP OF THE BANK, THE TOP FOR THESE PONDS, IS SEVERAL FEET HIGHER THAN THE FLOOR LEVEL OF THE ADJACENT IGTV BUILDING.

THE TOP STORM LEVEL SHOWN PROVIDES SCANT MARGIN.

[01:00:01]

AN UNUSUAL RAIN EVENT THAT FILLS THE PONDS ALMOST GUARANTEES THAT OUR BUILDINGS WILL BE INUNDATED. PLEASE REMOVE THE PONDS OR INCREASE THE TOP MARGINS.

NUMBER TWO, THESE TWO PONDS IMMEDIATELY ABUT THE IVY UTILITY EASEMENT.

YOU CAN SEE THAT EASEMENT WHERE I GOT THE GREEN ARROW THERE GOES RIGHT THROUGH THAT AREA.

THIS IS A THERE IS A PIPE STRUCTURE CONNECTING THE TWO PONDS THROUGH THE EXCAVATION, AND THE WATER INTRUSION WILL ENDANGER THE 36 YEAR OLD WATER, SEWER AND POWER SERVICES FOR OUR TWENTY TWO HOUSEHOLDS.

IF THESE PONDS ARE TO REMAIN, IGTV NEEDS TO SEE THE FPL IN THE CITY OF PALM BAY UTILITIES CONTINGENCY PLAN IN THE VERY LIKELY EVENT THAT THE UTILITY LINES ARE DAMAGED OR BROKEN DURING CONSTRUCTION.

NEXT PAGE NUMBER THREE, THE PNC REPORT STATES DRAINAGE CONCERNS FOR THE AREAS EAST AND NORTH OF IGTV, AS MR. MURPHY HAD JUST READ THROUGH ON SHEET C THREE 10, THE P AND Z SAYS WE SHOW LONG DRAINAGE FLOW RUNS BETWEEN INLETS.

WE QUESTION RUNOFF, ENVIRONMENT, VOLUME.

THESE CONDITIONS PUT OUR BUILDINGS IN JEOPARDY AND MUST BE ADDRESSED.

I'M SURPRISED WE'RE AT THIS POINT LOOKING AT A FINAL SITE PLAN, AND WE HAVE SEVEN ITEMS OF DRAINAGE STILL IN QUESTION.

AND I KNOW THAT'S A COMPLICATED THING.

I TRIED TO SHOW YOU THE WATER FLOW IN BLUE AND IT GOES RIGHT ACROSS THE NORTH EDGE OF ISLAND GREEN LOOPS AROUND AND.

I DON'T KNOW THE EXACT PERCENT, BUT IT'S LIKE 90 PERCENT OF THE WATER FROM THAT SITE PASSES RIGHT AT THAT PLACE WHERE THERE WAS AN OPEN CANAL THAT'S NOW A BURIED UNDERGROUND PIPE. AND I'M VERY CONCERNED ABOUT THAT.

JUST AS A POINT OF REFERENCE, WHEN THE STORM FAY CAME THROUGH HERE, I DON'T KNOW HOW MANY PEOPLE WERE IN FAY.

WE WERE IN FAYETTE ISLAND GREEN, AND WHEN WE LOOKED OUT, THE ENTIRE GOLF COURSE WAS A LAKE. YOU COULD SEE NO LAND ON THAT GOLF COURSE WITH ALL THAT PERMEABLE SURFACE.

THERE WAS NO LAND OUT THERE.

THE ISLAND GREEN INNER AREA WAS COMPLETELY FULL OF WATER.

WE WERE IN DANGER OF WATER COMING INTO OUR HOMES.

WE HAD ABOUT AN INCH OR TWO TO GO.

AND SO THAT WAS A TREMENDOUS STORM, AND IT'S HARD FOR ME TO IMAGINE WE CAN DELETE ALL THOSE PERMEABLE AREAS SUCCESSFULLY AND NOT BE FLOODING NEARBY HOMES WITH THIS DRAINAGE PLAN. ITEM FOUR I HAD ADVISED THE LAND DEVELOPMENT FOLKS THAT THE OFF SITE WATER FLOW FROM EVVIE ISLAND GREEN HAS BEEN MISSED.

SO WE'RE MISSING A WATER FLOW OF IGBY DRAINAGE, WHICH THE DEVELOPMENT MUST ACCEPT.

THIS CARTOON HOPEFULLY SHOWS YOU WHERE THAT IS.

THE CURRENT PATH FOR THE IGBY WATER FLOWING NORTH HAS BEEN ELIMINATED BY THE CLOSURE OF THE CANAL AT THE EAST END.

SO YOU CAN SEE THE BIG RED CIRCLE.

THAT'S WHERE WE HAVE A POND, AND THAT POND IS ABLE TO OVERFLOW UP INTO THE LEFT THERE INTO WHAT IS NOW AN OPEN CANAL IN ORDER FOR THE DEVELOPER TO PUT THOSE THREE AND FOUR LOTS THERE. THEY HAVE CLOSED THAT AREA OF THE CANAL AND NOW THERE IS A UNDERGROUND PIPE.

BUT THE WAY THIS IS, THE WATER IS GOING TO FLOOD ONTO THOSE NEW HOME LOTS.

THERE'S NO PLACE FOR OUR OVERFLOW WATER TO GO IN A SEVERE STORM.

AND AS AS OF NOW, I HAVEN'T RECEIVED ANY INFORMATION THAT THIS OMISSION IS BEING CORRECTED. PLEASE ADD THIS TO THE P AND Z REPORT SO WE CAN TRACK THIS.

NUMBER FIVE, THE ADDITION OF THESE PONDS HAS ELIMINATED THE MAIN TERRA FIRMA RECREATIONAL AREA FOR THE DEVELOPMENT.

THE ORIGINAL PLAN OF WALKING TRAILS IN 14 SPECIMEN TREES HAS BEEN REDUCED TO A SINGLE TRAIL AND FOUR TREES.

THE LARGE PONDS ARE SO MAXIMIZED THEY GO RIGHT TO THE BASE OF PRESERVED TREES.

THIS DIGGING PONDS RIGHT UP TO THE TREES IS PREVALENT THROUGHOUT THE SITE AND ENDANGERS REMAINING TREES.

[01:05:02]

TWO HUNDRED AND FORTY NINE TREES ARE ALREADY SLATED FOR REMOVAL.

PLEASE ADD TO THE STAFF REPORT THE REQUIREMENT OF AN ARBORIST TO REVIEW IF THE TREES NEXT TO PONDS ARE LIKELY TO SURVIVE.

IF NOT, ADJUST THE PONDS TO PRESERVE SOME MORE TREES OR THE TREES THAT THEY SAY THAT THEY'RE PRESERVING. WE'VE ALREADY HEARD ABOUT THE THE MAILBOXES FROM OUR IGBY PRESIDENT, CINDY. THE POINT I WANT TO MAKE IS I'VE HAD BEEN ASSURED ALL ALONG THAT THE ENTRANCE JUST WEST OF US IS A SECONDARY ENTRANCE.

WHEN THEY PUT ALL THE MAILBOXES THERE, IT ESSENTIALLY HAS BECOME THE PRIMARY ENTRANCE.

AND IF THOSE MAILBOXES ARE NOT REMOVED, THE TRAFFIC REPORT SHOULD BE REDONE TO AMEND AND SHOW THESE DAILY TRIPS RIGHT NOW.

THE TRAFFIC REPORT DOESN'T EVEN LOOK AT THE MAILBOXES, SO THERE'S THERE'S NOTHING THERE THAT ACCOUNTS FOR THE TRAFFIC THAT WE SO FEAR.

THAT'S RIGHT BEFORE WHERE WE TRY TO GET IN AND OUT.

ALSO A GREAT CONCERN.

MY LAST CONCERN IS THE SURVEYING STAKES FOR THE DEVELOPMENT HAVE BEEN REPEATEDLY LOCATED INSIDE OUR MAIN PROPERTY AREA.

THIS WAS FIRST SEEN IN THE BOUNDARY SURVEY BACK IN MARCH.

ISLAND GREEN HAS BEEN AWAITING THE CORRECTION.

WE'VE BEEN IN TOUCH WITH MBIE, BUT WE HAVEN'T SEEN A CORRECTION YET, AND THIS IS NOT THE DRIVEWAY ISSUE THE SKINNY LITTLE DRIVEWAY.

WE'RE GOING TO WORK THAT OUT WITH THE DEVELOPER.

BUT AS OF RIGHT NOW, OUR PROPERTY STAKES ARE STILL ABOUT EIGHT FEET MS. LOCATED, WHICH PUTS US CLOSER TO THE DUPLEXES THAT ARE HARD UP.

ON OUR LEFT SIDE, AND IT'S NOT ACCEPTABLE, THEY HAVE TO LOCATE OUR PROPERTY CORRECTLY.

SO IN VIEW OF THESE MANY CRITICAL ISSUES, I BELIEVE THE PNGS RECOMMENDATION FOR APPROVAL IS PREMATURE.

THE PNC STAFF HAS HAD MANY QUESTIONS ABOUT THE DRAINAGE PLAN, WHICH SHOULD BE ANSWERED.

WE RESIDENTS HAVE MANY UNRESOLVED CONCERNS ABOUT THE SITE PLAN.

WE'VE HAD LIMITED BACK AND FORTH WITH MIKVEH, AND ONE OF OUR OTHER RESIDENTS WILL SPEAK TO THAT. WE ALL KNOW THIS DEVELOPMENT WILL HAPPEN.

WE JUST ASKED THAT OUR CONCERNS BE HEARD AND ADDRESSED BEFORE THIS FINAL SITE PLAN IS APPROVED. AND I'M ASKING THE P AND Z TO PUT THIS IN THEIR STAFF REPORT AND TRACK THESE THESE CRITICAL ISSUES UNTIL THEY ARE LAID TO REST.

THANK YOU. OK, THANK YOU, MRS. SHRIMP, MA'AM.

GOOD EVENING, MY NAME IS DOREEN CARMAN WITTIG.

I RESIDE AT 13 13 ISLAND GREEN DRIVE, NORTHEAST AND PALM BAY, RIGHT INSIDE ISLAND GREEN VILLAS WITH REGARD TO PALM BAY GREENS LLC, MV ENGINEERING AND THE RESERVE AT COUNTRY CLUB ESTATES. FIRST AND FOREMOST, PLEASE LET ME AGAIN REMIND ALL OF US THAT ISLAND GREEN VILLAS, WHICH ARE TOWNHOMES, NOT CONDOMINIUMS, HAVE BEEN IN EXISTENCE SINCE 1986.

IT IS A 22 UNIT TOWNHOME COMMUNITY WHICH IS ENCIRCLED BY 360 DEGREES BY THE PROPOSED DEVELOPMENT. THREE HUNDRED AND SIXTY DEGREES IN VIEW OF OUR UNIQUE SITUATION, THERE ARE FACTORS REGARDING THE SITE PLAN THAT ARE CRITICAL TO OUR RIGHT TO QUIET ENJOYMENT OF OUR HOMES. WE DO NOT OPPOSE THIS DEVELOPMENT.

IN THEORY, I AM AND I HAVE BEEN PRACTICING RESIDENTIAL REAL ESTATE AND I'VE BEEN A HOMEOWNER IN PALM BAY, ALL OF WHICH FOR 32 YEARS, 20 OF WHICH ARE IN ISLAND GREEN VILLAS.

I FULLY RECOGNIZED THE RIGHT OF LANDOWNERS TO DEVELOP THIS LAND, BUT I ALSO BELIEVE, I REPEAT, I BELIEVE THAT WE HAVE A SERIES OF REASONABLE REQUESTS FOR CONSIDERATION TO MAINTAIN OUR RIGHT TO QUIET ENJOYMENT OF OUR LAND AND HOMES.

HAVING SAID THIS, THERE ARE SEVERAL POINTS I WISH TO MAKE.

ON MARCH 30TH, 2021, RESIDENTS OF ISLAND GREEN VILLAS AND BIMINI BAY PRESENTED MOVIE WITH A SERIES OF REQUESTS.

VIRTUALLY ALL OF THESE REQUESTS WERE DENIED.

SOME OF THOSE BEING NUMBER ONE PRESERVE AS MANY SPECIMEN TREES AS POSSIBLE IN THE NINE

[01:10:03]

POINT NINE ACRE DUPLEX PORTION OF THE PROPERTY.

PLANS SHOW THIS WAS IGNORED.

NO, TO NOTIFY THE RESIDENTS WHEN FORMAL SUBMITTAL OF THIS APPLICATION PACKAGE HAS BEEN MADE TO THE CITY.

THIS WAS NOT DONE.

NUMBER THREE NOT TO HAVE TWO STOREY DUPLEXES ABUTTING ISLAND GREEN VILLAS.

THIS WAS DENIED SAYING THAT ISLAND GREEN HAS TWO STOREY UNITS, BUT THEY CAN'T EVEN CONCEDE NOT TO PUT TWO STOREY UNITS DIRECTLY BEHIND SINGLE STOREY UNITS.

THEY HAVEN'T EVEN CONSIDERED THIS POSSIBLE COMPROMISE.

NO. FOUR.

RESTRICT RENTAL UNITS TO 10 PERCENT OF THE DUPLEXES.

THIS WAS DENIED THIS REQUEST WOULD HAVE BENEFITED ALL HOMEOWNERS IN ALL PROPERTIES IN ALL PHASES OF THE PROJECT BECAUSE REALTORS KNOW LIMITING THE DENSITY OF RENTAL PROPERTIES IS A SENSIBLE WAY TO MAINTAIN DESIRABILITY AND MARKETABILITY OF OUR LANDS.

BUT ONCE AGAIN, IT WAS FLATLY DENIED.

NUMBER FIVE, INCREASED THE GREEN SPACE AS A BUFFER TO ISLAND GREEN VILLAS AGAIN DENIED THERE'S VIRTUALLY NO BUFFER.

NONE. NUMBER SIX.

CONSIDER REDUCING NUMBERS OF SINGLE FAMILY RESIDENCES TO IMPROVE THE DRAINAGE FLOW.

ONCE AGAIN, DENIED.

NUMBER SEVEN, PLEASE NOTE, ISLAND GREEN DRAINAGE NOW FLOWS INTO EXISTING WATERWAYS, WHICH KAREN HAS DESCRIBED.

WHICH HAVE BEEN ALLOWED TO SHRINK.

FROM COMPLETE REFUSAL TO MAINTAIN BY PALM BAY GREENS LLC AFTER REPEATED REQUESTS OVER THE LAST 15 PLUS YEARS, AND NOW THEY WANT TO SHRINK THE WATERWAY AT OUR NORTHERN EDGE AND PLAN TO SINK DRAINAGE PIPES TO DO THE JOB.

AND THEY INSIST THIS IS A RESPONSIBLE PLAN, REALLY.

THEY WILL COVER OUR WATERWAY.

IT'S NOT OK.

NUMBER EIGHT, WE'VE ASKED FOR THEM TO INSTALL A PERIMETER FENCE ALONG OUR BOUNDARIES WITH BIMINI BAY AND ISLAND GREEN VILLAS WITH CONTINUOUS SHRUBS.

HERE'S THEIR ANSWER.

QUOTE IT WILL BE PROPOSED TO PROVIDE A FENCE ALONG THE WEST SIDE OF A BIMINI BAY, FROM THE EXISTING FENCE TO EXISTING POND TO ENHANCE SECURITY.

NO MENTION OF ISLAND GREEN, BY THE WAY.

SECURITY, ENHANCED SECURITY FOR WHOM? AGAIN, I REMIND YOU, ISLAND GREENVILLE'S IS TOTALLY THAT MEANS 360 DEGREES, TOTALLY SURROUNDED BY THIS PROJECT.

WE ACCEPT THAT WE WILL BE LOOKING AT HOMES AND IN SOME CASES FAR TOO CLOSE TO OUR HOMES.

WITHOUT A BOUNDARY FENCE.

THERE IS NO WAY TO PRESERVE WHAT SMALL BIT OF PRIVACY AND INDEPENDENT AUTONOMY WE HAVE LEFT. WE ARE BEING GIVEN VIRTUALLY NO SERIOUS CONSIDERATION, NO RESPECT, AND NONE OF OUR REQUESTS HAVE BEEN RECEIVED WITH ANY MODICUM OF DECENCY.

FINALLY, EVEN THEIR PROPOSAL FOR THE CLUSTER OF MAILBOXES FOR 200 HOMES THAT'S PLANNED TO EXIST ADJACENT TO OUR ENTRY ROADWAY.

THEY CLAIM TO HAVE RESEARCHED THE VALIDITY OF THEIR INTENT.

I PERSONALLY, AS A REALTOR HAVE SEEN WHAT THESE HUGE CLUSTERS OF MAILBOXES DO.

THEY CREATE MESSES? LASTLY, AND I'VE ADDED THIS, YOU DON'T HAVE IT ON YOUR COPIES IN THE REPORT, AND I FAILED TO CATCH IT, AND I APOLOGIZE FOR THAT.

IT SAYS THAT THE DUPLEXES WERE STATED TO BE A MINIMUM OF 800 SQUARE FEET.

WE WERE TOLD.

BY CITY COUNCIL AND BY MTV THAT THAT MINIMUM WOULD BE 3500 SQUARE FEET.

WE DON'T KNOW WHERE 800 SQUARE FEET CAME FROM.

THAT'S A PRETTY TINY LITTLE PROPERTY.

WE ASK THAT YOU CONSIDER THESE CONCERNS SERIOUSLY AND THAT YOU DO NOT LET THIS GO FORWARD UNTIL THESE CONCERNS ARE ADDRESSED RESPONSIBLY.

THANKS FOR YOUR TIME.

THANK YOU. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK, SIR? MY NAME IS MICHAEL VALLEY, I LIVE AT 10 64 ELEUTHERA DRIVE, NORTHEAST AND PALM BAY, WHICH IS PART OF BIMINI BASED HOMEOWNERS ASSOCIATION.

[01:15:01]

I'M HERE AT THE DIRECTION OF OUR BOARD OF DIRECTORS.

I HAVE TESTIFIED BEFORE THIS BOARD MULTIPLE TIMES AND BEFORE CITY COUNCIL IN 2015, WHEN THEY STARTED PHASE ONE OF THE PROJECT, WE HAD SEVERAL COMMUNITY MEETINGS WITH THE DIRECT REPRESENTATIVES OF THE FORMER GOLF COURSE OWNERS DURING THOSE MEETINGS.

THERE WERE A NUMBER OF NEGOTIATIONS THAT THEY MET WITH US IN TERMS OF THE SIZE OF HOUSES, LOTS SO FORTH AT THAT PHASE ONE.

ON THIS PHASE FIVE, WE'VE HAD TWO COMMUNITY MEETINGS.

THEY HAVE NOT BEEN ATTENDED BY ANY REPRESENTATIVE OF THE GOLF COURSE OWNERS, BUT FROM MR. BASTARD AND MR. MOYA, WHO HAVE LISTENED CAREFULLY BUT HAVE NO AUTHORITY TO MAKE ANY DECISIONS FOR CHANGES OR COMPROMISE, ONLY TO GO BACK TO THE GOLF COURSE OWNERS.

AND THEN AS TESTIMONY COMES, THEY DON'T MEET US AT ALL ON ANY OF OUR CONCERNS.

I WANT TO POINT OUT JUST IF I COULD HEAD OVER THERE AND SHOW WHERE BIMINI BAY IS ON, THAT'S HER.

VERY BOARD AND.

I. OH.

I.

UNABLE TO CATCH THE AUDIO WHILE YOU'RE.

WELL, IN CASE YOU'RE HERE, I COME BACK ON.

WE'VE BEEN VERY CONCERNED ABOUT THAT MAIN ENTRANCE COMING IN, BECAUSE THAT IS AN EMPTY LOT RIGHT NOW THAT FILTERS DOWN THE WATER DURING RAINSTORMS AND THEN COMES INTO OUR WATERWAY. ON THE.

IN TERMS OF WHEN WE ADDRESSED MR. MOYA ABOUT THAT AREA OVER THERE UNDER THE PALM BAY CITY ORDINANCE ONE EIGHTY FIVE POINT SIX, WHICH HAS TO DO WITH MULTIPLE FAMILY RESIDENTS, IT INDICATES THAT THE PERIMETER OF A PROJECT SHALL PROVIDE WITH A SIX FOOT HIGH WALL OR FENCE OF WOOD, MASONRY, BRICK PVC OR WROUGHT IRON MATERIAL, OR THE PERIMETER FENCE ADJACENT TO A ROAD RIGHT OF WAY.

LANDSCAPING SHALL BE PROVIDED BETWEEN THE ROAD RIGHT OF WAY AND THE PERIMETER FENCE.

AGAIN, I JUST HAVE TO SHOW YOU OVER.

YOU'RE OH.

ON HERE. HERE STILL.

ONLY. THAT'S FOR.

OR. ALL RIGHT.

AT WARNER. OH, THANKS.

THAT'S RIGHT.

THAT SHOULD ALSO PROVIDE FOR.

BUT THAT'S IN THE ORDINANCE.

THEY'VE ONLY AGREED TO PUT THE FENCE UP TO WHERE.

THE POND IS.

MY POINT IN ALL OF THIS IS SINCE WE BEGIN TO FOR THIS PROJECT, FOR PHASE FIVE, WE HAVEN'T BEEN ABLE TO DEAL ANYWHERE EFFECTIVELY WITH THE OWNERS BECAUSE THEY ALWAYS DEFLECT US TO THE ENGINEERING COMPANY WHO HAVE NO AUTHORITY TO MAKE DECISIONS.

THEY LISTEN TO US, GO BACK AND AS EVERYBODY HERE HAS TESTIFIED, THEY JUST DENY EVERYTHING. UM.

I AM ASKING FOR THIS BOARD WHEN PHASE ONE CAME AND WE CAME BEFORE YOU.

[01:20:05]

YOU GUYS VOTED THREE TO TWO FOR IT, BUT TWO PEOPLE ON YOUR BOARD VOTED AGAINST BRINGING IT TO THE BOARD.

WHAT I'M ASKING TONIGHT IS ALL THAT WE HAVE BROUGHT FORTH THAT YOU VOTE AGAINST THIS UNTIL THESE QUESTIONS ARE ANSWERED.

AND FINALLY, IN EACH OF THE TIMES THAT I'VE TESTIFIED, MR. VAST FORD WILL BE THE LAST PERSON TO COME UP HERE, AND HE'LL SPEAK AS IF HE'S THE WORD OF GOD, JUST LIKE MR. MOIA DID, AND THE PREVIOUS FOUR TELL ALL THAT THEY'VE DONE OR THAT THEY'VE COMPROMISED ON THIS OR WHATEVER ELSE.

WHAT I WOULD ASK IS IF MR. BASFORD COMES UP AND HE TESTIFIES, I WOULD LIKE THE OPPORTUNITY FOR ME AND THE OTHER PEOPLE TO BE ABLE TO COUNTER TESTIMONY WITH THIS BOARD.

THANK YOU. NO, SIR, THAT'S NOT ALLOWED UNDER OUR PROCEDURES.

OK, I'LL DO THAT. SO THEN HE GETS THE LAST WORD AND WELL, HE CAN RESPOND TO YOUR CONCERNS. WELL, I HOPE YOU ASK QUESTIONS THEN OF WHAT PEOPLE HAVE BROUGHT UP HERE TONIGHT. THANK YOU.

THANK YOU, SIR. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISH TO SPEAK? THAT'S FOR. JUST TO CLARIFY, I DON'T BELIEVE MYSELF TO BE AFFILIATED TO GOD.

NOT THE RIGHT HAND OR OTHERWISE.

A COUPLE OF DIFFERENT THINGS THEY MADE MENTION OF IRELAND GREEN DRIVE.

THERE WILL BE NO PHYSICAL MOVEMENT, BUT I WANTED TO MAKE A SMALL CLARIFICATION BECAUSE THAT IS TRUE. BUT OBVIOUSLY, WHEN WE MODIFY OR BRING OUR ENTRANCE IN, THERE WILL BE A LITTLE BIT OF MODIFICATION WHERE IT TIES IN.

AND THAT'S JUST THE WAY THAT IT HAPPENS WHEN YOU TIE IN TO ROADS.

SO I WANT TO MAKE SURE THAT EVERYTHING IS CLEAR ON THAT END AS TO COVERING A TURNING COST. WE BELIEVE THIS TO BE UNREASONABLE AND ALSO TO BE A CONFLICT OF INTEREST AS TO DRAINAGE CONNECTIONS.

PATRICK, IF YOU CAN GIVE ME HIM.

OR WHOEVER'S GOT THE MOST SORRY.

UM, REALLY, I COULD GO OFF OF THOSE PAGES THAT YOU WERE JUST AT.

BUT THE CONSTRUCTION PLANS WILL DO JUST FINE.

IT WAS EASIEST OR QUICKEST TO GET TO.

AND THEN IT SHOULD BE IN THE THREE HUNDRED.

IS IT REALLY IS? THIS IS A GOOD ONE. OK.

AS I'VE HEARD, MULTIPLE PEOPLE TESTIFY TONIGHT OR COME UP AND SPEAK TO WHOEVER'S GOT THE MOUSE. CHRIS, I THINK IF YOU COULD ZOOM IN UP THERE AT THE NORTH END, WE ALL HAVE THE ABILITY TO ZOOM IN.

SO I BELIEVE THERE'S A LITTLE BIT OF CONFUSION, AND I'D LIKE TO GO AHEAD AND SET THE RECORD STRAIGHT. THERE IS AN EXISTING WE'LL CALL IT A DITCH, BUT IT'S PORTION OF A POND.

BUT IN THIS PARTICULAR LOCATION, IT FOLLOWS MORE THE CHARACTERISTICS OF A DITCH THAT IS EXISTING. IT'S SHADED THERE ON THE PLANS.

AS YOU CAN SEE, A PORTION OF IT IS ON THE ISLAND GREEN VILLA'S PROPERTY, AND IT WILL REMAIN TO BE SO THE PORTION THAT IS WET IS WITHIN THAT HATCHED.

AND WE ARE RESHAPING THAT AND AS THEY HAVE INDICATED, YES, TO ALLOW FOR LOTS IN OUR ANALYSIS DURING THE 25 YEAR STORM, THERE'S NO MORE THAN ONE FOOT PER SECOND OF VELOCITY GOING THROUGH THAT, IF YOU WILL DITCH OR CHANNEL, AND THAT'S HALF OF THE FDOT ALLOWABLE VELOCITY TO ACCOUNT FOR SCOUR.

SO WITH THAT IN MIND, WE BELIEVE THAT THAT IS MORE THAN A SUFFICIENT DESIGN.

WE CANNOT AFFECT ANY OF THE DRAINAGE ON THEIR PROPERTY.

AND BY WHEN I SAY THAT, WHAT I MEAN IS, AS I JUST DESCRIBED EVERYTHING THE ORIENTATION BE, THE EAST BANK OF THAT EXISTING DITCH WILL REMAIN EXISTING BECAUSE WE CAN'T MODIFY THINGS THAT ARE ON THEIR PROPERTY.

SO WITH THAT HAVEN'T BEEN SAID, ANYTHING THAT FLOWS TO US IN THE PRE-DEVELOPMENT OR AS IT IS EXISTING, WE'LL CONTINUE TO DO SO.

OUR SURVEYOR COULD NOT FIND OR LOCATE A CONTROL STRUCTURE, BUT IF IT'S THERE, THEN WE WILL WORK TO MAINTAIN AND OR REBUILD THAT.

LET'S SEE WHAT ELSE. THERE IS NO UNDERGROUND PIPE.

AND WHAT I MEANT BY THE CLARIFICATION IS THAT LARGE DASHLANE IS NOT A PIPE THAT IS A

[01:25:01]

WATERSHED BASIN SO THAT WE'RE CLEAR.

THE MAIL KIOSK WAS APPROVED ON THE PRELIMINARY DEVELOPMENT PLANS.

THAT LOCATION? ONE CLARIFICATION THAT I'D LIKE TO MAKE TO THAT IS THAT THAT WILL BE DICTATED AND AGREED OR APPROVED BY THE POSTMASTER.

SO IF THEY DICTATE THAT THEY WANT MULTIPLE LOCATIONS, THEN IT WILL BE BROKEN UP ACCORDINGLY. BUT FOR THE MOMENT, THAT IS WHERE IT WAS APPROVED ON THE PRELIMINARY DEVELOPMENT PLAN. ONE OF THE THINGS THAT WE HAD LOOKED AT OR TALKED ABOUT WITH STAFF WAS THE POSSIBILITY OF RELOCATING IT UP ON.

I HESITATE TO CALL IT THE NORTH SIDE OF BIMINI BAY, BUT WHERE THE MAIN ENTRANCE IS.

THE PROBLEM WITH THAT IS THAT BEING OUR MAIN ENTRANCE THEN PROVIDES, ESPECIALLY WITH THE WAY THAT THE ROADS ARE LAID OUT, PROVIDES A LOT OF TRAFFIC ISSUES RIGHT THERE.

AND I UNDERSTAND AND HEAR THEIR CONCERNS IN TERMS OF TRAFFIC.

BUT AS WE'RE WELL AWARE, NOT EVERYBODY GOES AND CHECKS THE MAIL AT THE EXACT SAME TIME.

DAMAGE TO THE UTILITIES.

OH, I GUESS THAT ONE'S FINE IF YOU WANT TO ZOOM IN THERE AT.

I THINK IT'S CALLED RACE STUFF, BUT ON THE SOUTH SIDE OF ISLAND GREENVILLE IS.

BUT MORE, PLEASE. WE ARE AWARE OF AND I DO NOT REMEMBER THE EXACT WIDTH OF THE EASEMENT WATER SUE IN OUR SEWER AND ELECTRICAL POWER COMING THROUGH THE TWO LOTS THERE.

OH. A LITTLE BIT MORE LEFT, PATRICK, IN BETWEEN THE TWO POINTS.

THERE YOU GO. YEP. SO WHAT WE'VE DONE IS WE'VE GONE TO THE EXTENT OF THE EASEMENT AND THEN GIVEN AN ADDITIONAL, IF I REMEMBER CORRECTLY, THE THREE OR FIVE FEET TO EITHER SIDE OF THAT, AND THAT'S WHERE WE WILL BEGIN DOING ANY RESHAPING OF THE POND.

WE FEEL THAT THAT'S MORE THAN ADEQUATE.

IN ADDITION, IF THE CONTRACTOR GOES OUT THERE AND FINDS THAT IT'S IN A DIFFERENT LOCATION, THEN WE'LL ADJUST THAT TO DESIGN ACCORDINGLY.

NO DIFFERENT THAN THE CURRENT RESIDENTS.

WE DON'T WANT TO DISRUPT THE UTILITIES, EITHER, SO.

OF FINISH FLOORS, I'M UNAWARE OF ANYTHING.

SOME OF THE INFORMATION THAT THEY MADE REFERENCE TO WHEN I LOOK AT IT, ALL OF OUR BONDS ARE WELL BELOW THEIR EXISTING DRAINAGE AND THEIR DRAINAGE FLOWS INTO OURS.

SO IT'S HARD FOR ME TO BELIEVE THAT ONE OF THE BUILDINGS WOULD THEN BE BELOW BOTH OF THOSE TWO CRITERIA.

WE HAVE SENT THE SURVEYOR OUT.

I'M NOT SEEING THAT INFORMATION YET, BUT IT IS SOMETHING THAT WE'RE LOOKING INTO AND WE'LL VERIFY. OBVIOUSLY, WE'RE NOT GOING TO FLOOD OUR NEIGHBORS.

IT'S ONE OF THE CRITERIA I HEARD MENTION OF HURRICANE FAY AND WHAT IT DID TO THE SITE AND REALLY ALL OF BREVARD COUNTY.

HURRICANE FAY HAS BEEN CLASSIFIED AS SEVERAL DIFFERENT CLASSIFICATIONS.

THE ONE THAT I HEAR MOST COMMONLY IS ABOUT A 500 YEAR STORM, JUST SO THAT EVERYBODY'S AWARE WE DO NOT DESIGN FOR 500 YEAR STORMS HERE IN THE CITY OF PALM BAY AND ST.

JOHN'S, IT'S EITHER THE 10 YEAR OR THE TWENTY FIVE YEAR STORM, AN ENDANGERMENT TO THE TREES. WE HAVE A CERTIFIED LANDSCAPE ARCHITECT WHO PROVIDES ALL OF THE CRITERIA AND THE WHAT I WILL CALL OFFSETS OR THE CRITICAL ROOT ZONE, AND THEY HAVE CERTIFIED THAT SO LONG AS WE MAINTAIN THAT DISTANCE THAT THOSE TREES HAVE THE BEST CHANCE TO LIVE, THAT DOESN'T EVER GUARANTEE IT. UM.

LET'S SEE. SURVEY, WE'RE HAPPY WITH THE SURVEY THAT WE'VE PROVIDED, IT MEETS ALL OF THE MINIMUM TECHNICAL STANDARDS, BUT WE ARE HAPPY TO SIT DOWN WITH ISLAND GREEN VILLAS IF THEY HAVE OR OBTAIN A SURVEY FROM ANOTHER OR, YES, A SURVEY FROM ANOTHER SURVEYOR THE WAY THAT'S WORKING. BUT LIKE I SAID, IT'S IT'S ONE THING TO STAND UP HERE AND CHALLENGE THE VALIDITY VALIDITY OF A PROFESSIONAL.

BUT OUR SURVEY, WE'VE GONE OUT MULTIPLE TIMES AND BY MULTIPLE, I MEAN, FIVE, SIX, SEVEN TIMES. SO I DON'T KNOW WHAT THEY'RE REFERRING TO, BUT OUR SURVEYOR STANDS BY HIS PRODUCT THAT HE'S PRODUCED. SHOULD THE STAFF OR HAVE ANY COMMENTS OR LIKE I SAID, I HAD AN ALTERNATE SURVEY BE PRODUCED.

WE WOULD BE MORE THAN HAPPY TO SIT DOWN AND GO THROUGH THOSE.

OH, I HEARD ANOTHER COMMENT ABOUT RESTRICTING THE RENTAL UNITS TO 10 PERCENT.

THIS IS SOMETHING THAT WE'RE NOT WILLING TO ACQUIESCE TO BECAUSE IT DOESN'T APPLY TO

[01:30:02]

ANYWHERE THAT I'M AWARE OF IN PALM BAY, SO I'M NOT SURE WHY WE WOULD CONCEDE TO SOMETHING THAT NOBODY ELSE DOES.

AND THE TOWNHOMES AT 13 HUNDRED SQUARE FEET.

I'M GLAD THAT YOU BROUGHT IT UP BECAUSE I NOTICED AS IT WAS GOING THROUGH THE STAFF REPORT, THERE SHOULD BE A NOTE ON OUR PLANS.

I KNOW THAT IT WAS ON THE PRELIMINARY DEVELOPMENT PLANS.

I KNOW THAT IT'S ON THE FINAL DEVELOPMENT PLANS.

I DON'T REMEMBER IF IT'S ON OUR CONSTRUCTION SITE PLAN, BUT I WILL MAKE SURE THAT THAT'S THERE. OH, AND THE FINAL ONE.

THE DRAINAGE AT THE NORTH AND EAST END OF BIMINI BAY.

OR THEY COULD DRY THEM OFF A LITTLE BIT.

WAY MORE TALKING THAN I'M USED TO.

I'M NOT SEEN THE ENGINEERING COMMENTS, IF ANY, SO TO EXPAND UPON WHAT THEY TALKED ABOUT A LITTLE BIT, IF YOU CAN PULL THAT DOWN JUST A LITTLE BIT, CHRIS.

YEAH, RIGHT IN THERE. SO A LARGE PORTION, I SAY LARGE A PORTION OF RIVIERA DRIVE FLOWS DOWN AND ALONG OUR SOUTH SIDE OF OUR MAIN ENTRANCE.

WHAT WE'RE PLANNING ON DOING IS ENHANCING THAT DITCH RIGHT NOW.

WHAT IT DOES IS THE CITY IS CONSTRUCTED AND BIMINI BAY, AND I DON'T REMEMBER WHEN THEY CAME IN, CONSTRUCTED THE WHAT WOULD BE THE SOUTH AND THE WEST EMBANKMENT, BUT ON OUR PROPERTY, IT JUST FILLS UP IN BELLIES OUT, WHICH IS EXACTLY WHAT THEY DESCRIBED IN TERMS OF, HEY, LOOK, YOU CAN SEE, QUOTE UNQUOTE FLOODING AT CERTAIN TIMES.

WHAT WE'RE GOING TO DO IS ENHANCE AND CONTINUE OR FINISH THE CONSTRUCTION OF THE WHAT WOULD THEN BE THE NORTH AND THE EAST SIDE OF THAT DITCH AND THE CONVEYANCE DOWN INTO THE EXISTING POND. I BELIEVE THAT ADDRESSED ALL OF THEM.

HOPEFULLY I DIDN'T MISS ANY.

AND IF THE BOARD HAS ANY QUESTIONS, THOUGH, OR BOARD HAVE ANY QUESTIONS FOR MR. PASSWORD? YES.

HEY, THE GENTLEMAN ALSO MENTIONED A FENCE COMING ALL THE WAY DOWN.

IS THAT SOMETHING THAT YOU'RE WILLING TO DO? IS THAT SOMETHING THAT YOU'RE WILLING TO DO? WE HAVE AGREED TO BRING IT DOWN, AS HE MENTIONED CORRECTLY TO THE POND.

AND THE REASON THAT WE'RE NOT ENCIRCLING THE POND IS ONE CODE DOESN'T REQUIRE THAT.

AND THE SECOND ONE IS THAT THEN OBSTRUCTS OUR VIEW OF IT.

I MEAN, THAT WOULD BE THE EQUIVALENT OF IF WE WERE TO OR A NEIGHBOR WAS TO HAVE A PUN THAT WE WOULD BUILD A FENCE AND OBSTRUCT OUR VIEW FROM IT.

SO I DON'T KNOW WHY WE WOULD AGREE TO THAT.

WE'RE NOT ACTUALLY PROVIDING.

YEAH, WE DON'T HAVE ANY LOTS THAT ARE ABUTTING IT AT THAT LOCATION.

IT WOULD BE SOMETHING THAT POSSIBLY WE CONSIDER, BUT AT THE MOMENT WE HAVE NOT.

AND ANOTHER THING SOMEBODY MENTIONED HAVING TWO STOREY HOMES NEXT TO THEIR SINGLE FAMILY HOME. UNFORTUNATELY, I HAVE TO GO BACK AND DO SOME RESEARCH.

I KNOW THAT WE HAD AGREED TO LIMIT TO STORY IN SOME AREAS, BUT I DON'T REMEMBER WHERE THOSE ARE OFF THE TOP OF MY HEAD.

IS THAT SOMETHING THAT YOU'LL BE WILLING TO COMMIT TO NOT TO? IS THAT SOMETHING YOU'RE WILLING TO COMMIT TO, NOT TO HAVE TWO STOREY OVERLOOKING THEIR ONE STOREY? IT WILL LOCATION.

BECAUSE WE'RE NOT GOING TO LIMIT THE ENTIRE SITE TO ONE STORY, NO, NO, I'M AWARE OF THAT.

THAT ANYONE THAT'S A BUT TO THEIR SO THAT THEY'RE NOT LOOKING OVER ON IN THEIR YARD.

WE WOULD CONSIDER IT, AND I DON'T KNOW EXACTLY WHERE YOU'RE REFERRING TO.

I'M JUST OUT OF AREAS, SO I DON'T WANT TO SAY YES AND THEN BE A LIAR.

SO I MEAN. BUT YES, IT'S SOMETHING THAT WE COULD POTENTIALLY CONSIDER.

AND THAT'S MY QUESTION.

ANYONE ELSE? I'M I'M JUST.

I HAVEN'T BEEN ABLE TO FIND ON THE MAP WHERE THE TWO INCHES IS ACTUALLY OR I KNOW HE SHOWED US THE ONE ENTRANCE AND THEN THE OTHER INTEREST WHERE THE MAILBOXES ARE COMING IN AT. YES, SIR. OH, JUST I GUESS, JUST MAKE IT A LITTLE BIT MORE CLEAR AS TO WHAT THE WHERE THE TWO ENTRANCES ARE.

I APOLOGIZE, I DIDN'T FULLY HEAR YOU, BUT I BELIEVE YOU ASKED OR SAID TO MAKE IT A LITTLE CLEARER WHERE THE TWO ENTRANCES ARE.

IF YOU CAN PULL UP THE SITE PLAN OR.

YEAH. ONE THERE. CORRECT.

ONE OFF A RIVIERA AND THEN ONE OFF OF AND I DON'T KNOW HOW FAR THE NAME EXTENDS DOWN, BUT IT'S EITHER COUNTRY CLUB DRIVE OR ISLAND.

I DON'T REMEMBER, THOUGH.

[01:35:09]

ACTUALLY, I'M SORRY, I WAS GOING BACK AND I WAS LOOKING AT SOME OF THE PROBLEMS AND THE OTHER QUESTIONS. THERE WAS ANYTHING ELSE WE NEED TO COVER.

I AM MR. BEDFORD.

I KNOW YOU MENTIONED THAT THE MINIMUM SQUARE FOOTAGE OF THE TOWNHOMES CAN BE 1500 SQUARE FEET. YES, RIGHT, CORRECT.

I JUST WANT TO LET THE PUBLIC KNOW UNDERSTAND THAT THE 800 SQUARE FEET THAT WAS REFERRED TO IS MINIMUM BY CODE, RIGHT? OK, BUT THE DEVELOPER HAS STATED THAT THE MINIMUM WILL BE 300 SQUARE FEET.

YES, AND THAT WAS WHAT WAS IN THEIR APPLICATION.

THAT'S WHY IT WAS IN THE STAFF REPORT.

I UNDERSTAND THAT. HEY, THANK YOU, MR. BEDFORD. YOU'RE WELCOME. OK.

AT THIS POINT, I'LL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION.

I GET A MOTION, PLEASE.

FIFTY TWENTY, TWENTY ONE.

WISDOM FROM LEADER. I CAN CONFIRM, DON, ANY FURTHER DISCUSSION.

WE ARE ADDING IN ANY OF THE.

THE SURGE THAT KATE JUST BROUGHT UP AND YOU SPEAK UP.

ARE WE ADDING INDIA, THE CONCERNS THAT KATE JUST BROUGHT UP REGARDING THE RESIDENTS? I KNOW HE DID A GOOD JOB OF ANSWERING MAJORITY OF THE CONCERNS, BUT ARE WE ADDING THAT AS PART OF THE THAT'S NOT WHAT THE MOTION? NO, THE MOTION IS IS SUBJECT TO STAFF COMMENTS.

OK, WE HAVE A MOTION FROM LAETA, SECOND FROM DON.

IF THERE ARE NO FURTHER COMMENTS ALL IN FAVOR, SAY I, I OPPOSED A MOTION CARRIES THREE TO TWO.

OK. DID YOU GET THAT VOTE? OK, THANK YOU. AND NEXT CASE, PLEASE? CHRIS.

THE NEXT CASE IS PHD FORTY ONE, TWENTY TWENTY ONE.

BACKGROUND SUBJECT PROPERTY IS LOCATED WEST OF THE CURRENT TERMINUS OF MARYLAND BOULEVARD SOUTH BEACH, WHICH IS WEST OF BABCOCK STREET SOUTHEAST, SPECIFICALLY A PORTION OF TAX PARCEL, FIVE HUNDRED OF SECTION FOR TOWNSHIP 30 RANGE THIRTY SEVEN AND TRACK SEVEN FIFTY SEVEN FIFTY TWO AND PART OF TAX PARCEL ONE OF SAN SEBASTIAN FARM SECTION FIVE TOWNSHIP 30 RANGE THIRTY SEVEN IN BREVARD COUNTY, FLORIDA.

THIS FINAL PDD REQUEST INCLUDES APPROXIMATELY ONE HUNDRED AND NINETY POINT TWENTY EIGHT ACRES OF LAND IN TWO THOUSAND FOUR.

THE SWAGIT 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 A SINGLE FAMILY RESIDENTIAL USE VIA ORDINANCE TWENTY FOUR FIFTY TWO, WHICH STATED THAT EIGHTEEN HUNDRED 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 TO FORTY EIGHT BETWEEN TWENTY FIVE AND TWENTY EIGHTEEN.

A SERIES OF THIRTY SEVEN FUTURE LAND USE MAP AMENDMENTS WERE MADE, BRINGING THE TOTAL UNITS ENTITLED TO TWO THOUSAND FIVE HUNDRED NINETY SIX.

THE TOTAL ENCUMBERED REMAINING UNITS BY CURRENT PENDING FINAL DEVELOPMENT PLANS ARE AS FOLLOWS 320 TWENTY SEVEN UNITS ON THE WEST SIDE OF BABCOCK STREET AND THREE HUNDRED AND SIXTY TWO UNITS ON THE EAST SIDE OF BABCOCK STREET.

FWD THIRTY TWENTY TWENTY ONE FWD, THIRTY THREE TWENTY TWENTY ONE AND FWD FORTY ONE TWENTY TWENTY ONE ANALYSIS.

THE APPLICANT IS REQUESTING FINAL DEVELOPMENT PLAN.

FDCP APPROVAL FOR A PLAN UNIT DEVELOPMENT TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL SUBDIVISION CALLED CYPRESS BAY WEST.

PHASE THREE THE PLAN UNIT DEVELOPMENT IS A CONCEPT THAT ENCOURAGES AND PERMITS A VARIATION IN RESIDENTIAL DEVELOPMENTS BY ALLOWING DEVIATION AND LOT SIZE, BULK OR TYPE OF DWELLING, DENT GROWING DENSITY, LOT COVERAGE SETBACKS AND OPEN SPACE FROM THOSE ELEMENTS REQUIRED IN ANY SINGULAR ZONING CLASSIFICATION FOUND IN THE CITY ZONING CODE.

SPECIFICALLY, THIS FDP PROPOSES A FIVE HUNDRED AND FORTY FOUR UNIT SINGLE FAMILY DEVELOPMENT THAT WOULD BE CONSTRUCTED IN MULTIPLE PHASES FOR THE FDP.

AVERAGE LOFTS WITHIN THE RESIDENTIAL DEVELOPMENT ARE 50 BY ONE, TWENTY FIVE AND SIXTY BY ONE TWENTY FIVE. THE PROPOSED MINIMUM SIZED HOME IS SIXTEEN HUNDRED SQUARE FEET.

THERE WILL BE TWO ACCESS POINTS OFF OF THE NEWLY EXTENDED MIELOMA BOULEVARD INTO THIS PHASE. THE DEVELOPMENT WILL BE WILL CONSIST OF TWO RECREATION AREAS, A LARGE ONE BEING PASSIVE RECREATION AND A SMALLER TRACT.

AS A PROPOSED BASKETBALL COURT, STORMWATER MANAGEMENT, PONDS AND PRIVATE ROADWAYS, AN OPEN SPACE TRACT L DASH ONE WILL BE CREATED THAT COULD ALLOW FOR THE EXTENSION OF JOURNEY DRIVE IF NEEDED IN THE.

CONDITIONS IN ORDER TO RECEIVE FDA APPROVAL, THE PROPOSAL MUST MEET THE REQUIREMENTS OF

[01:40:01]

SECTION ONE EIGHT FIVE ZERO ZERO SIX SEVEN IN THE CITY PALM BAY CODE OF ORDINANCES UNDER REVIEW. THE REQUEST APPEARS TO CONFORM WITH THE APPLICABLE REQUIREMENTS OF THE SECTION.

FOLLOWING ITEMS SHALL BE ADDRESSED UPON THE SUBMISSION OF THE ADMINISTRATIVE CONSTRUCTION PLANS, NUMBER ONE AND PRELIMINARY SUBDIVISION PLOT AND TITLE OPINION TO DEED RESTRICTIONS. ESTABLISHING DEVELOPMENT STANDARDS.

THREE AND UPDATED TRAFFIC STUDY, INCLUDING TRAFFIC COUNTS FOR ALL THREE PHASES OF CYPRESS BAY WEST, SHALL BE PROVIDED.

THIS IS TO FACILITATE THE TERMINATION OF A PORTION OF FAIR SHARE WE DO FROM THE DEVELOPER TOWARDS TRAFFIC IMPROVEMENTS AT THE ASSOCIATED SEGMENTS ALONG BABCOCK STREET.

THESE WERE PREVIOUSLY RECOMMENDED IN THE TWENTY SEVENTEEN WARNER ST.

TRAFFIC IMPACT STUDY FOR TWENTY TWENTY FIVE BUILDOUT.

THE TECHNICAL COMMENTS GENERATED BY THE DEVELOPMENT REVIEW STAFF ATTACHED SHALL BE OBSERVED AND INCORPORATED INTO THE ADMINISTRATIVE CONSTRUCTION PLANNING REVIEW STAFF'S RECOMMENDATION. A FEE FORTY ONE TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL SUBJECT TO STAFF COMMENTS CONTAINED.

THEY WANT TO MAKE NOTE THAT THE OUR PUBLIC WORKS DEPARTMENT SPECIFICALLY RANK OUR TRAFFIC ENGINEER DID RECEIVE THE UPDATED TRAFFIC IMPACT STUDY TODAY.

HE HAS NOT HAD TIME TO REVIEW IT AT ALL.

HEY, THANK YOU, CHRIS. THERE'S A BOARD OF ANY QUESTIONS FOR STAFF.

AND I WILL OPEN THE PUBLIC HEARING AND JAKE.

THANK YOU, JAKE WISE, CIVIL ENGINEER FOR THE PROJECT BUSINESS ADDRESSES TWENTY SIX, FIFTY ONE WESTGATE BOULEVARD.

THIS ONE'S LITERALLY BEEN DECADES IN THE MAKING.

WE ARE AT THE FINAL PHASE OF THIS THREE PHASES FOR CYPRESS BAY WEST.

IT'S ALSO PART OF THE MASTER PLAN FOR ALL OF CYPRESS BAY AND WATER ST..

SO YOU HAVE SEEN MANY OF THESE SIMILAR PROJECTS COMING THROUGH, AND THIS IS ALL PART OF THAT ALL INCLUSIVE MASTER PLAN THAT THE STAFF REPORT IDENTIFIED AND THAT YOU HAVE SEEN NOW MANY, MANY TIMES IN THE PAST.

THE OVERALL DEVELOPMENT WAS MASTER PLAN FOR STORM WATER AND UTILITIES AS WELL.

ALL OF THE OTHER PREVIOUS PROJECTS OF THIS BOARD HAS SEEN HAVE BEEN IN ANTICIPATION OF THIS PROJECT COMING THROUGH AS WELL.

SO WE HAVE INTENTIONALLY DESIGNED EVERYTHING TO MEET NOT ONLY ALL THE CRITERIA OF THE STATE AND THE CITY, BUT TO HAVE THE ADEQUATE CAPACITIES FOR ALL OF THE UTILITIES AND STORM WATER. THIS PARTICULAR ONE HAS A MIX OF DIFFERENT LOT WIDTHS AND SIZES.

IT HAS TWO RECREATIONAL AREAS, BUT IT'S ALSO GOING TO BE COMBINED WITH THE OTHER PREVIOUS PHASES WHICH HAVE OTHER, MORE INTENSE, LARGER RECREATION AREAS TOO.

SO THE THREE PHASES WILL BE ALL ABLE TO SHARE THOSE DIFFERENT ONES.

THE ROADS IN THIS PROJECT WILL BE JUST LIKE THE OTHER ONES.

THEY'LL BE ALL BUILT ONE HUNDRED PERCENT TO CITY STANDARDS, BUT THEY'LL BE MAINTAINED BY THE HOA OR CD AND NOT HAVE TO BE MAINTAINED BY THE CITY AT ALL.

WE DO FAR EXCEED THE OPEN SPACE AND RECREATION REQUIREMENTS WITH THIS SPECIFIC PHASE AS A STANDALONE, AND THE LAND USE ALLOWS FOR DIFFERENT PORTIONS OF IT TO HAVE ANYWHERE FROM FIVE TO 10 UNITS AN ACRE OR LESS THAN THREE UNITS AN ACRE.

WE'RE NOT TRYING TO DO TOO MUCH OF AN INTENSE DEVELOPMENT.

WE WANT TO HAVE IT SPREAD OUT AND HAVE THOSE OPEN SPACE AND REC AREAS THAT WE HAD TALKED ABOUT EARLIER. WITH THAT BEING SAID, IT'S GETTING LATE.

WE HAVE A RECOMMENDATION APPROVED FOR STAFF.

WE AGREE WITH ALL OF THE CONDITIONS.

THERE WERE THREE OR FOUR COMMENTS FROM THE DRIVEWAY THAT WERE MODIFIED, I BELIEVE, FROM PUBLIC WORKS. OK, GREAT.

AND OTHER THAN THAT, THE DEVELOPER IS HERE.

IF YOU HAVE ANY QUESTIONS, I CAN'T ANSWER AND BE HAPPY TO.

AND IF THERE ARE ANY PUBLIC COMMENTS, WE APPRECIATE A CHANCE TO RESPOND.

THANK YOU, JAKE. THE BOARD HAVE ANY QUESTIONS FOR MR. WISE. MIKE, THANK YOU.

ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED TO THE APPLICATION. KNOW I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION MR. CHAIR BEFORE YOU ALL MAKE A MOTION, I DID WANT TO CLARIFY ON THAT.

JAKE DID SEND AN EMAIL TO OUR PUBLIC WORKS DEPARTMENT AND THEY ARE CLARIFYING THEIR COMMENTS FOR THEIR TECHNICAL COMMENTS.

THERE WAS A COUPLE OF ISSUES WITH A FEW OF THEM AND I JUST WANT TO POINT OUT TO THE REST OF THE BOARD THAT THEY RECEIVED A COPY OF THE TECHNICAL COMMENTS.

ALL THE TECHNICAL COMMENTS IN HER DRIVEWAY AND RIGHT AWAY HAVE BEEN ELIMINATED AT THIS POINT. AND I GET A MOTION, PLEASE.

EMOTION FROM LEADERS, SECOND FROM ANY FURTHER DISCUSSION.

ALL IN FAVOR, SAY I, I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY THANK YOU.

[01:45:04]

AS MENTIONED EARLIER, THE CASE, THE SIX CASE NUMBER SIX HAS BEEN WITHDRAWN, SO THERE'S NO OTHER BUSINESS MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.