Nov 15, 2021 Special Planning and Zoning Board

ALL RIGHT, FOLKS. WE'RE GOING TO GO AHEAD AND GET STARTED THE NOVEMBER 15TH MEETING OF THE

[CALL TO ORDER]

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IS. OFTEN.

MS.. SANDRA, WILL YOU CALL THE ROLL, PLEASE? YES, MR. BOEREMA PRESENT MR. BOOTHROYD, MR. HILL, PRESENT MS. JORDAN MS. MARAJ. WE ARE EXPECTING.

MR. WARNER MR. WEINBERG, YOU'RE MR. KARAFFA, WE ALSO ARE EXPECTING AND OUR DEPUTY CITY ATTORNEY, JENNIFER COCKCROFT, IS PRESENT. WE DO HAVE A QUORUM.

OK, THANK YOU GENTLEMEN, FOR THE BENEFIT OF EVERYONE IN ATTENDANCE.

[ANNOUNCEMENTS]

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 WILL FIRST HEAR FROM THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION AND THOSE OPPOSED. WE'RE ALL PROCEEDINGS, ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN OATH CARDS, WHICH ARE LOCATED AT THE PODIUM.

WE USE PRESENT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS, FOR THE RECORD.

AS A COURTESY, I ASK 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.

UH, CHRIS, I BELIEVE YOU HAVE SOME ANNOUNCEMENTS.

YES. SINCE THERE ARE A LOT OF CASES GOING IN SOME DIFFERENT COUNCIL HEARINGS, I'M GOING TO READ THEM OFF AND STATE WHEN THEY ARE FOUR CASES CP FOURTEEN TWENTY TWENTY ONE AND PD FORTY NINE TWENTY TWENTY ONE.

THAT WILL BE GOING TO CITY COUNCIL ON NOVEMBER 18TH FOR CASE SIU.

FORTY TO TWENTY TWENTY ONE Z.

FORTY FIVE TWENTY TWENTY ONE AND SEE YOU.

FORTY SIX TWENTY TWENTY ONE WILL BE GOING DECEMBER 2ND AND FD FORTY SEVEN POINT TWENTY TWENTY ONE WILL BE GOING DECEMBER 2ND AS WELL.

CASE, SEP 17, 20, 21, HE'D 50 TWENTY TWENTY ONE CPA, EIGHTEEN TWENTY TWENTY ONE AND CPC.

EIGHTEEN TWENTY TWENTY ONE WILL BE GOING DECEMBER 16TH AND CP 13 TWENTY TWENTY ONE AND PD FORTY EIGHT. TWENTY TWENTY ONE WILL BE GOING JANUARY 6TH TO CITY COUNCIL.

THEY THINK, OF COURSE, ALSO TOO.

I JUST WANT TO ANNOUNCE THAT CASES NINE AND 10 UNDER NEW BUSINESS, THAT'S CASE EIGHTEEN TWENTY TWENTY ONE IN CASE CPC EIGHTEEN TWENTY ONE WILL BE MOVED UP TO CASES ONE AND TWO HUNDRED NEW BUSINESS.

[OLD/UNFINISHED BUSINESS]

HMM. OUR FIRST CASE IS CP 14 TWENTY TWENTY ONE.

BACKGROUND THE SUBJECT PROPERTY IS LOCATED EAST OF ST.

JOHN'S HERITAGE PARKWAY, NORTHWEST NORTH OF EMERSON DRIVE NORTHWEST, SPECIFICALLY A PORTION OF TAX PARCEL ONE AND TAX PARCEL TO FIFTY TWO.

SECTION TWENTY ONE TOWNSHIP TWENTY EIGHT RANGE THIRTY SIX OF BREVARD COUNTY, FLORIDA.

THIS COMPREHENSIVE PLAN FUTURE LAND USE MAP REQUEST INCLUDES APPROXIMATELY TWENTY SIX POINT SIXTY SEVEN ACRES OF LAND IN 2003 AND 2004.

THE SUBJECT PROPERTY WAS ANNEXED INTO THE CITY VIA TWO THOUSAND FOUR HUNDRED THIRTY SEVEN, TOTALING FIVE HUNDRED AND EIGHTY FOUR POINT SIXTY FIVE ACRES.

THE FUTURE LAND USE MAP WAS AMENDED TO INCLUDE THE PALM VISTA PROPERTY THROUGH ORDINANCES TWENTY FOUR FIFTY FOUR.

IN ADDITION TO SMALL SCALE AMENDMENTS WERE ADOPTED THROUGH ORDINANCE TWENTY SIX TO THIRTY THREE AND TWENTY SIX TO THIRTY FOUR, MODIFYING THE APPROVAL OCCURRING THROUGH ORDINANCE TWENTY FOUR FIFTY FOUR BY ADDING COMMERCIAL PARCELS.

THE ORDINANCE ESTABLISHED LANDOWNERS CATEGORIES ON THE PROPERTY FOR SINGLE FAMILY, RESIDENTIAL USE, COMMERCIAL USE, MULTIPLE FAMILY, RESIDENTIAL USE AND RECREATION AND OPEN

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ONE. FUTURE LAND USE ELEMENT COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOAL FLOW ONE IS TO ENSURE A HIGH QUALITY DIVERSIFIED LIVING ENVIRONMENT THROUGH AN EFFICIENT DISTRIBUTION OF COMPATIBLE LAND USES.

THE COMPREHENSIVE PLAN FOR FUTURE LAND USE ELEMENT GOAL FLEW TO IS TO PROVIDE FOR AND MAINTAIN VIABLE NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENT TO MEET THE EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF PALM BAY.

COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT FLYWEIGHT IS TO PROVIDE FOR A DIVERSE AND SELF-SUSTAINING PATTERN OF LAND USE THAT SUPPORTS THE PRESENT AND FUTURE POPULATION OF THE CITY AND PALM BAY COMPREHENSIVE PLAN.

FUTURE LAND USE ELEMENT.

OR FLOW IS TO CREATE LARGE SCALE, SUSTAINABLE, MIXED USE COMMUNITIES AND MULTIPLE FAMILY RESIDENTIAL USE.

FUTURE LAND USE CATEGORY ALLOWS FOR A MAXIMUM RESIDENTIAL DENSITY OF 20 UNITS PER ACRE WITH A RANGE OF ZERO TO 20 UNITS PER ACRE.

TYPICAL USES ALLOWED INCLUDE SINGLE FAMILY HOMES, DUPLEXES, MULTIPLE FAMILY UNITS, CONGREGATE LIVING UNITS, RECREATIONAL USES AND INSTITUTIONS.

INSTITUTIONAL USES SUCH AS SCHOOLS, CHURCHES AND UTILITY COMPANION REZONING REQUEST PD.

FORTY NINE TWENTY TWENTY ONE HAS BEEN APPLIED FOR.

FIGHT FOR AND THE APPLICANT IS REQUESTING THE PUD ZONING DISTRICT BE APPLIED TO THE PARCEL. THE PROVISIONS OF THE PRELIMINARY DEVELOPMENT PLAN SUBMITTED ONLY PERVERT PERMIT A MAXIMUM OVERALL OF 4.2 UNITS PER ACRE.

THIS WOULD RESULT IN NO MORE THAN SIX HUNDRED AND THIRTY EIGHT UNITS TO COASTAL MANAGEMENT. ELEMENT SUBJECT PROPERTY IS NOT LOCATED WITHIN THE COASTAL MANAGEMENT ALPHA.

THREE CONSERVATION ELEMENT SUBJECT PROPERTY IS NOT LOCATED WITHIN ANY OF THE FLORIDA SCRUB J POLYGONS IDENTIFIED IN THE CITY'S HABITAT CONSERVATION PLAN.

NO OTHER PROTECTED SPECIES ARE KNOWN TO INHABIT SUBJECT PROPERTY.

ANY PROTECTED SPECIES THAT WOULD BE FOUND ON THE SUBJECT PROPERTY WOULD BE WOULD NEED TO BE MITIGATED AS REQUIRED BY STATE AND FEDERAL REGULATIONS AND PER A COMPREHENSIVE PLAN C ON ONE POINT SEVEN B RECREATION.

THE PROPOSED FUTURE LAND USE AMENDMENT WOULD INCREASE THE DEMAND FOR RECREATION SERVICES AS COMPARED TO THE EXISTING LAND USE.

HOWEVER, REQUESTED USE WOULD NOT EXCEED THE EXISTING PARKLAND OR RECREATIONAL LEVEL OF SERVICE STANDARDS. THE PLANNING AREA SHALL BE NOTED THAT THE RECREATION AND OPEN SPACE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN SETS A LEVEL OF SERVICE STANDARD OF TWO ACRES PER ONE THOUSAND RESIDENTS.

CITY MAINTAINS PUBLIC OWNERSHIP OR DESIGNATED LANDS THAT FAR EXCEED THIS REQUIREMENT OR HOUSING ELEMENT. PROPOSED FUTURE LAND USE SETTLEMENT DOES NOT ADVERSELY IMPACT THE SUPPLY AND VARIETY OF SAFE, DECENT, ATTRACTIVE AND AFFORDABLE HOUSING WITHIN THE CITY.

INSTEAD, IT WILL SERVE TO CREATE ADDITIONAL MULTIFAMILY HOUSING OPPORTUNITIES NEEDED IN PALM BAY. INFRASTRUCTURE CITY EVALUATES PRESENT AND FUTURE WATER, SEWER DRAINAGE AND SOLID WASTE, AND ASSESSES THE ABILITY OF THE INFRASTRUCTURE TO SUPPORT DEVELOPMENT UTILITIES. FUTURE LAND USE CHANGE WILL NOT CAUSE THE LEVEL OF SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE COMPREHENSIVE PLAN FOR THE SERVICES.

THE CURRENT PLANNING PERIOD.

PUBLIC WATER AND SEWAGE FACILITIES ARE AVAILABLE AT THE SITE.

IF DEVELOPED, THE OWNER DEVELOPER WILL BE RESPONSIBLE FOR EXTENDING SERVICES TO THE SITE IN ACCORDANCE WITH THE CURRENT CITY REGULATIONS.

DRAINAGE I'VE DEVELOPED A DRAINAGE PLAN MUST BE PREPARED IN ACCORDANCE WITH THE CURRENT REGULATIONS AND APPROVED BY THE CITY, ALONG WITH THE APPROPRIATE OUTSIDE AGENCIES, INCLUDING THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, AND HE PROPOSED STORMWATER MANAGEMENT SYSTEM WILL BE REVIEWED AND APPROVED BY THE CITY DURING THE ADMINISTRATIVE CONSTRUCTION PLAN REVIEW PROCESS SIX AND HER GOVERNMENT COORDINATION ELEMENT PUBLIC SCHOOLS, THE PROPOSED FUTURE LAND USE AMENDMENT FOR MULTIFAMILY.

USEFUL ADD HOUSING UNITS, SOME IMPACTS TO THE PUBLIC SCHOOL SYSTEMS ARE ANTICIPATED, HOWEVER, CONSIDERING THE ADJACENT CURRENCY SERVICE AREAS, THERE'S SUFFICIENT CAPACITY.

SEVEN TRANSPORTATION ELEMENT OBJECTS OF THE COMPREHENSIVE PLAN TRANSPORTATION ELEMENT ARE TO PROVIDE A SAFE BALANCE EFFICIENT TRANSPORTATION SYSTEM THAT MAINTAINS THE ROADWAY LEVEL OF SERVICE AND ADEQUATELY SERVES THE NEEDS OF THE COMMUNITY.

IF DEVELOPED, A TRAFFIC IMPACT ANALYSIS WILL BE REQUIRED TO DETERMINE ANY NEGATIVE IMPACTS ON THE EXISTING TRANSPORTATION SYSTEM ALONG WITH.

AND HE SUGGESTED IMPROVEMENTS WHICH WILL BE TAKEN UNDER CONSIDERATION DURING THE ADMINISTRATIVE CONSTRUCTION PLAN REVIEW A PROPERTY RIGHTS ELEMENT, THE GOAL OF THE PROPERTY RIGHTS, EXCUSE ME, THE GOAL OF THE COMPREHENSIVE PLAN PROPERTY RIGHTS ELEMENT IS THE CITY TO RESPECT, JUDICIALLY ACKNOWLEDGE AND CONSTITUTIONALLY PROTECT PRIVATE PROPERTY RIGHTS. THIS PROPOSED LANGUAGE CHANGE DOES NOT APPEAR TO INFRINGE UPON THE PROPERTY RIGHTS OF THE APPLICANT.

STAFF'S RECOMMENDATION CP 14 TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL.

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NONE OF THE APPLICANTS, REPRESENTATIVE, PLEASE COME TO THE PODIUM.

GOOD EVENING, ANA SAUNDERS WITH BLACK CONSULTANTS, THREE 12, SOUTH HARBOR CITY BOULEVARD, MELBOURNE, FLORIDA, THREE TWO NINE ZERO ONE AGAIN, THANK YOU TO STAFF, AS ALWAYS, DOING A GREAT REPORT. VERY THOROUGH.

THIS IS IF YOU REMEMBER FROM LAST WEEK'S PNC MEETING OR ACTUALLY THE WEEK PRIOR.

THIS IS AN EXTENSION OF AND RELATED TO THE PALM VISTA MEDLEY PROJECT THAT YOU SAW DIRECTLY TO THE SOUTH, JUST BUILDING UPON THE PREVIOUSLY APPROVED LAND USE CHANGE THAT HAPPENED BACK IN 2007 AND RESPECTFULLY, REQUEST YOUR APPROVAL.

IF YOU HAVE ANY QUESTIONS, PLEASE ASK OR HAVE ANY QUESTIONS FOR.

NO, THANK YOU. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED? NO, NO. CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION.

MOTION TO APPROVE KCP 14, 2020 21.

A MOTION FROM RICHARD AND SECOND FROM LEDA.

ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY AYE, ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY.

OUR NEXT CASE, PLEASE, CHRIS, OUR NEXT CASE IS CASE PD.

FORTY NINE TWENTY TWENTY ONE.

BACKGROUND, THE SUBJECT PROPERTIES ARE LOCATED EAST OF ST.

JOHN'S HERITAGE PARKWAY, NORTHWEST AND NORTH OF EMERSON DRIVE NORTHWEST, SPECIFICALLY A PORTION OF TAX PARCEL ONE AND TWO 52 SECTION TWENTY ONE TOWNSHIP TWENTY EIGHT RANGE THIRTY SIX OF BREVARD COUNTY, FLORIDA.

PLANNED UNIT DEVELOPMENT REQUEST INCLUDES APPROXIMATELY ONE HUNDRED AND FIFTY EIGHT POINT SIXTY NINE ACRES OF LAND.

ANALYSIS THE APPLICANT IS REQUESTING PRELIMINARY DEVELOPMENT PLAN PDP APPROVAL FOR A PLANNED UNIT DEVELOPMENT TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL SUBDIVISION CALLED PALM VISTA AT EVERLANE'S PHASE TWO.

THE PLANNED UNIT DEVELOPMENT IS A CONCEPT THAT ENCOURAGES AND PERMITS A VARIATION IN RESIDENTIAL DEVELOPMENTS BY ALLOWING DEVIATION AND LOT SIZE, BULK OR TYPE OF DWELLINGS, DENSITY, LAW COVERED SETBACKS AND OPEN SPACE FROM THOSE ELEMENTS REQUIRED IN ANY SINGULAR ZONING CLASSIFICATION FOUND IN THE CITY ZONING CODE.

SPECIFICALLY, THE PDP PROPOSES THREE HUNDRED AND NINETY EIGHT SINGLE FAMILY RESIDENTIAL HOMES AND TWO HUNDRED AND FORTY MULTIPLE FAMILY UNITS ALL AGE RESTRICTED.

IT IS PROPOSED THAT DEVELOPMENT WILL BE CONSTRUCTED IN MULTIPLE PHASES.

PER THE PDP, THE LOT SIZES FOR THE SINGLE FAMILY RESIDENTIAL PARCEL WILL VARY FROM 40 AND 50 FOOT WIDE. THE DEVELOPMENT WILL CONSIST OF TWO ENTRANCES EACH ALONG ST.

JOHN'S HERITAGE PARKWAY NORTHWEST AND EMERSON DRIVE NORTHWEST.

THE DEVELOPMENT WILL INCLUDE AN ACTIVE AMENITY CENTER, PASSIVE RECREATION AREAS AND STORMWATER MANAGEMENT CONDITIONS, OR TO RECEIVE PRELIMINARY PLANNING AND DEVELOPMENT APPROVAL. THE PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION TWENTY FIVE POINT ZERO SIX SIX OF THE CITY OF PALM BAY CODE OF ORDINANCES ON THE REVIEW.

IT APPEARS THAT THE REQUEST IS IN CONFORMANCE WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION, SUBJECT TO THE FOLLOWING ITEMS BEING SUBMITTED.

I KNOW YOU'D APPLICATION.

CLAMORING SUBDIVISION PLOT AND BOUNDARY AND TITLE OPINION, AGE RESTRICTIONS, ESTABLISHED SEEING DEVELOPMENT STANDARDS, THE AMENITIES WILL NEED TO BE SHOWN ON THE FINAL DEVELOPMENT PLAN. SCHOOL CAPACITY DETERMINATION LETTER FROM BREVARD COUNTY SCHOOLS.

THIS PROJECT WILL BE REQUIRED TO PAY ITS PROPORTIONATE, FAIR SHARE COSTS TO OFFSET THE IMPACTS OF THIS DEVELOPMENT ON THE SURROUNDING ROAD NETWORK AND THE TECHNICAL COMMENTS GENERATED BY THE DEVELOPMENT REVIEW.

STAFF ATTACHED SHALL BE OBSERVED AND INCORPORATED INTO FTP AND CONSTRUCTION DRAWINGS.

STAFF'S RECOMMENDATION.

CASE F C SEEING CASE PD FORTY NINE TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL.

STAFF COMMENTS CAN SUPPORT.

BOARD, HOW MANY QUESTIONS FOR STAFF? NONE. HUH? AGAIN, HONOR WITH BSE, I'LL SAVE YOU THE THE ADDRESS AGAIN, THANK YOU TO STAFF FOR THE REPORT. WE APPRECIATE IT.

WE REQUEST THE APPROVAL AS PRESENTED.

THE ONE THING I WOULD LIKE TO POINT OUT IS ONE OF THE REQUIREMENTS OF COMING FORWARD WITH THIS TYPE OF ZONING IS PARTICIPATING IN HOLDING A CITIZEN PARTICIPATION PLAN MEETING.

WE HELD THAT.

AND IN THIS CASE, IT DID EXACTLY WHAT IT WAS SUPPOSED TO DO.

WE HAD A COUPLE OF CITIZENS COME OUT.

THEY WERE VERY, YOU KNOW, INTERESTED IN THE PROJECT, TALKED TO US ABOUT IT AND ONE PROPERTY OWNER IN PARTICULAR, SORT OF THE THE CUTOUT IN THE NORTHEAST CORNER, IF I WILL, YOUNG FAMILY JUST STARTING THEIR THEIR HOME OUT THERE.

AND WHAT I'D LIKE TO DO IS TO PUT ON A RECORD AND ASK STAFF, PARTICULARLY THE PUBLIC WORKS. THEY'VE HAD SOME DRAINAGE ISSUES OUT THERE.

THERE WERE SOME RECENT DITCH CLEANINGS THAT HAVE OCCURRED.

WE HAVE GONE AHEAD AS A OFFERED OUR ASSISTANCE AND KIND OF HELPING THAT FERRET THAT THROUGH THE CITY PROCESS.

YOU KNOW, GREG IS HERE WITH LENNAR AND HAS BEEN PRESENT A LOT OF THOSE MEETINGS AND DISCUSSIONS AS WELL. AND JUST IN THE SPIRIT OF BEING A GOOD NEIGHBOR, WE'D LIKE TO HELP

[00:15:03]

SO THANK YOU FOR THAT.

AND WITH THAT, WE RESPECTFULLY REQUEST YOUR APPROVAL.

ARE THERE ANY QUESTIONS FOR FOR ANNA? WELL, I WAS GOING TO ASK ABOUT THAT PARTICIPATION MEETING AND JUST TO FIGURE OUT BASED ON THAT MEETING, WERE THERE ANYTHING THAT CAME UP THAT YOU HAD ANY CONCERNS WITH VERSUS THE CITIZENS? I DIDN'T.

I THINK IT WAS JUST MORE INFORMATIVE, TRYING TO UNDERSTAND WHAT IT IS.

ONE WHY DID WE GET THIS LETTER? WHAT DOES THIS MEAN? WHAT ARE ALL THESE LETTERS AND NUMBERS MEAN? AND, YOU KNOW, HASH PATTERNS ON THE ON THE THE ENCLOSURES AND EXPLAINING TO THEM, YOU KNOW, THE SINGLE FAMILY COMPONENT SHOWING THEM ON THE ENCLOSED CONCEPT PLAN, WHICH IS THE SAME IN YOUR PACKET, WHAT IT WAS THAT WE WERE LOOKING AT DOING.

WE HAD A LOT OF HISTORICAL CONVERSATIONS IN THE CITY.

THERE'S A COUPLE OF LONGTIME RESIDENTS THERE THAT REMEMBER SORT OF REMINISCED ABOUT THIS AREA AND GROWING UP, NOTHING THAT WAS NEGATIVE, THOUGH GOOD AND IS A FIFTY FIVE PLUS COMMUNITY AGE TARGETED IS WHAT IT IS.

SO GREG, DOES IT HAVE A SPECIFIC? THE PROPERTY, GREG PETTIBONE WITH LENNAR HOMES.

WE ACTUALLY ARE NOT CONTEMPLATING THIS PHASE AS AS AGE RESTRICTED.

WE'LL PROBABLY HAVE A MIX OF AGE TARGETED PRODUCT, WHICH IS ESSENTIALLY JUST A PROPORTION OF THE HOMES BEING MORE SINGLE STOREY.

THE PROPERTY TO THE SOUTH OF THIS IS AGE RESTRICTED, THOUGH.

OK. AND YOU'RE ALL COMFORTABLE WITH ALL STAFF CONDITIONS.

YES, MA'AM. YES, MA'AM.

ANY OTHER QUESTIONS FOR THE APPLICANT? AND AND I WANT TO THANK YOU FOR.

FOR TRYING TO ADDRESS THAT, THAT PERSON'S CONCERN AND WORKING WITH HIM TO TRY AND ALLEVIATE HIS SITUATION.

ABSOLUTELY. I'M SURE YOU'LL BE IN TOUCH WITH STAFF AND PUBLIC WORKS.

ABSOLUTELY. OK, THANK YOU ON.

THANK YOU, MR. CHAIR. IF I COULD SAY SOMETHING BEFORE WE GO ON.

IF THE PROJECT IS NOT GOING TO BE AGE RESTRICTED AS NOTATED IN ALL OF THE DOCUMENTATION THAT WAS SUBMITTED, IT WILL NEED TO RECEIVE A NEW SCHOOL CONCURRENCY DETERMINATION LETTER STATING THAT SO WE CAN WORK ON THAT PRIOR TO GOING TO CITY COUNCIL.

WE'LL GET THAT CLARIFIED FIRST THING TOMORROW MORNING.

THANK YOU. YOU'RE WELCOME.

AT THIS POINT, I'LL OPEN THE PUBLIC HEARING, IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED? NONE OF THOSE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION.

MOTION TO APPROVE CASE DASH NINE, DASH 20, 20, ONE SUBJECT TO ALL STAFF CONDITIONS.

AND SUBJECT TO TO A NEW SCHOOL CONCURRENCY AND THE NEW SCHOOL CONCURRENCY.

OK. ON THE SECOND, ANY FURTHER COMMENT? ALL IN FAVOR, SAY I, I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY.

[NEW BUSINESS]

EIGHTEEN, TWENTY TWENTY ONE.

PATRICK. ACTUALLY GOING TO BE MINE, C.P.

EIGHTEEN, TWENTY, TWENTY ONE.

BACKGROUND, THE SUBJECT PROPERTY IS LOCATED SOUTH OF IT AND ADJACENT TO HERITAGE HIGH SCHOOL, NORTH OF AN ADJACENT TO MALABAR ROAD NORTHWEST, SPECIFICALLY TAX PARCELS 750 SECTION 32 TOWNSHIP.

TWENTY EIGHT. OH, RANGE THIRTY SIX EAST OF RIVER COUNTY, FLORIDA.

THE PROPERTY WAS FORMERLY USED FOR AGRICULTURAL PURPOSES AND CONTAINS AN OLD CATTLE SHELTER. THE APPLICANT PURCHASED THE PARCEL IN 2007, BUT NOW INTENDS TO CONVEY THE PROPERTY TO ANOTHER PARTY.

INTENDED USE OF THE PROPERTY IS FOR COMMERCIAL DEVELOPMENT ANALYSIS FOR CHAPTER ONE EIGHT THREE COMPREHENSIVE PLAN REGULATIONS, SECTION ONE AND THREE POINT ZERO ONE BE.

THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF THE LAND AND RESOURCES TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY ON FUTURE LAND USE ELEMENT.

COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOLD FLU THREE IS TO PROVIDE FOR ECONOMICALLY VIABLE COMMERCIAL AREAS WHICH PROMOTE A SOUND AND DIVERSIFIED LOCAL ECONOMY AND SERVE THE RETAIL AND SERVICE NEEDS OF THE CITY'S RESIDENTS.

COMMERCIAL FLEW CATEGORY ALLOWS SUCH USES AS OFFICE, MEDICAL, PROFESSIONAL IN GENERAL, RETAIL BUSINESSES, PERSONAL SERVICE BUSINESSES, DAYCARE CENTER, RESTAURANTS, FINANCIAL INSTITUTIONS, HOTELS AND MOTELS, INSTITUTIONAL USE AND SIMILAR USES.

THE SURROUNDING LAND USES INCLUDE A HIGH SCHOOL IMMEDIATELY TO THE NORTH AND ST.

JOHN'S PRESERVE COMMUNITY TO THE EAST.

THE COMMUNITY WILL INCLUDE SEVEN HUNDRED AND FORTY RESIDENTIAL UNITS AT THE BUILDOUT MAN'S LYING WEST OF THE SUBJECT.

PROPERTY PROPOSED A MIXED RESIDENTIAL PROJECT WITH A TOTAL OF EIGHT HUNDRED AND SEVENTY NINE UNITS. THE SOUTH IS UNDEVELOPED RURAL LAND.

A SIGNIFICANT AMOUNT OF RESIDENTIAL USE EXISTS.

[00:20:01]

PARCEL IS REQUESTING A COMMERCIAL FLU DESIGNATION TO SERVE THE NEEDS OF BOTH EXISTING AND FUTURE RESIDENTS TO COASTAL MANAGEMENT.

ELEMENT SUBJECT PROPERTY IS NOT LOCATED WITHIN THE COASTAL MANAGEMENT AREA.

THREE CONSERVATION ELEMENT ENVIRONMENTAL CHARACTER OF THE CITY IS MAINTAINED THROUGH CONSERVATION, APPROPRIATE USE AND PROTECTION OF NATURAL RESOURCES.

SUBJECT PROPERTY IS NOT LOCATED WITHIN ANY OF THE FLORIDA SCRUB POLYGONS IDENTIFIED ON THE CITY'S HABITAT CONSERVATION PLAN.

NO LISTED SPECIES ARE KNOWN TO INHABIT THE SUBJECT PROPERTY.

ANY LISTED SPECIES DISCOVERED WOULD NEED TO BE MITIGATED FOR AS REQUIRED BY STATE AND FEDERAL REGULATIONS AND COMPREHENSIVE PLANNING POLICY.

SEE ON ONE POINT SEVEN B OR HOUSING ELEMENT POSE.

FUTURE LAND USE AMENDMENT DOES NOT ADVERSELY IMPACT THE HOUSING SUPPLY WITHIN THE CITY AS THE COMMERCIAL. FUTURE LAND USE CATEGORY DOES NOT PERMIT RESIDENTIAL USES.

IN FACT, COMMERCIAL LAND USES ARE GREATLY NEEDED IN THIS AREA OF PALM BAY TO MAINTAIN QUALITY HOUSING, WHICH CANNOT BE SUSTAINED WITHOUT ACCESS TO JOB SERVICES AND GOODS.

FIVE INFRASTRUCTURE ELEMENT CITY OUT EVALUATES PRESENT AND FUTURE WATER, SEWER DRAINAGE AND SOLID WASTE, AND ASSESSES THE ABILITY OF INFRASTRUCTURE NEEDED TO SUPPORT DEVELOPMENT UTILITIES. FUTURE LAND USE CHANGE WILL NOT CAUSE THE LEVEL OF SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE COMPREHENSIVE PLAN, WHERE THESE SERVICES FOR THE CURRENT PLANNING PERIOD. THERE IS DIRECT ACCESS TO CITY WATER AND SEWER WHICH LIE ADJACENT TO THE PROPERTY DRAINAGE.

ANY DEVELOPMENT OF THE PROPERTY MUST MEET THE DRAINAGE STANDARDS SET BY THE CITY AND ST.

JOHN'S WATER MANAGEMENT DISTRICT.

SOLID WASTE SOLID WASTE COLLECTION IS PROVIDED BY REPUBLIC SERVICES.

SUFFICIENT CAPACITY EXISTS WITHIN THE BOROUGH COUNTY LANDFILLS TO SERVICE THE PROPERTY AND HER GOVERNMENT COORDINATION ELEMENT.

PUBLIC SCHOOLS PROPOSED FUTURE LAND USE AMENDMENT REQUESTED IS TO ALLOW THE SITE TO BE USED AS COMMERCIAL LAND USES, ALTHOUGH THE COMMERCIAL FUTURE LAND USE CATEGORY DOES NOT AFFECT SCHOOL CAPACITY SINCE RESIDENTIAL USE IS NOT PERMITTED.

THE FUTURE DEVELOPMENT OF THIS PARCEL WILL NEED TO WORK CLOSELY WITH THE BREVARD COUNTY SCHOOL BOARD AS THE JORDAN HIGH SCHOOL HAS A DRIVEWAY ON EITHER SIDE OF THE SUBJECT PARCEL. SEVEN TRANSPORTATION ELEMENT, ALL OF THE COMPREHENSIVE PLAN AND TRANSPORTATION ELEMENT IS TO PROVIDE A SAFE BALANCE OF EFFICIENT TRANSPORTATION SYSTEM THAT MAINTAINS THE ROADWAY LEVEL OF SERVICE AND ADEQUATELY SERVES THE NEEDS OF THE COMMUNITY.

WHEN THE SITE IS BEING DESIGNED FOR COMMERCIAL DEVELOPMENT, THE PROPERTY OWNER SHALL HAVE TRAFFIC ANALYSIS AND ACCESS MANAGEMENT PLAN CREATED CONSIDERING THE PRESENT AND FUTURE ROADWAY CONDITIONS.

A PROPERTY RIGHTS ELEMENT, THE GOAL OF THE COMPREHENSIVE PLAN PROPERTY RIGHTS ELEMENT IS TO IS FOR THE CITY TO RESPECT, JUDICIALLY ACKNOWLEDGE AND CONSTITUTIONALLY PROTECT PROTECTED PRIVATE RIGHT PRIVATE PROPERTY RIGHTS.

THE PROPOSED LANE YOU SHOULD CHANGE DOES NOT APPEAR TO INFRINGE UPON THE PROPERTY RIGHTS OF THE APPLICANT STAFF'S RECOMMENDATION CASE.

EIGHTEEN TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL, SUBJECT TO THE FOLLOWING STAFF CONDITIONS. SUBMISSION OF A TRAFFIC ANALYSIS AND ACCESS MANAGEMENT PLAN WITH THE SITE PLAN. SUBMITTAL DEDICATION OF ADDITIONAL RIGHT OF WAY NEEDED FOR FUTURE WIDENING OF MALABAR ROAD. THE PROVISIONS OF A SIX FOOT HIGH WALL OR OPAQUE FENCE ON ALL SIDES ABUTTING SCHOOL PROPERTY.

A SIDEWALK SHALL BE PROVIDED ALONG THE PARCEL FRONTAGE TO CONTINUE AND CONNECT THE EXISTING SIDEWALK SYSTEM.

THE SHALL BE DESIGNED AND SHOWN ON THE COMMERCIAL SITE PLAN.

AND I'D BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

THE APPLICANT IS IN ATTENDANCE OR HAVE ANY QUESTIONS FOR STAFF.

AND. OPEN THE PUBLIC HEARING, ANNA, YOU'RE UP AGAIN.

THIRD TIME'S A CHARM, HOPEFULLY THE FOURTH TIME ISN'T ONE TOO MANY.

GOOD EVENING, ANNA SAUNDERS WITH BSE CONSULTANTS.

AGAIN, WE AGREE WITH ALL THE STAFF RECOMMENDATIONS.

JUST A LITTLE BIT OF QUICK BACKGROUND.

AGAIN, AS CHRIS HAD MENTIONED, THIS WAS PART OF THE PARKWAY FLEX USE BACK IN SOME PREVIOUS APPLICATIONS.

I THINK WHAT WE'RE I DON'T THINK WHAT WE'RE DOING NOW IS JUST SORT OF SAY, REDRESSING THE SITE AS IT'S NOT ON THE PARKWAY AND PUTTING IT INTO A CATEGORY THAT MAY BE BETTER SUITS WHERE IT ACTUALLY IS GEOGRAPHICALLY LOCATED AND ASKING FOR THAT THE COMMERCIAL LAND USE.

OR HAVE ANY QUESTIONS FOR HONOR? THANK YOU, THANK YOU. I HAVE ONE.

JUST ONE. IS THIS IN? THIS HAS BEEN DONE IN ANTICIPATION OF ALL OF THE APARTMENTS THAT ARE COMING.

IT'S BEING DONE IN ANTICIPATION OF A LOT OF THE DEVELOPMENT THAT'S COMING THIS WAY.

SO IT'S ALREADY IT'S GOT THE WITH THE PARKWAY MIXED USE CATEGORY ON IT.

SO IT'S GOT A COMMERCIAL COMPONENT.

BUT THIS IS REALLY CORRECTING THAT, THAT LAND USE BECAUSE IT'S NOT ON THE PARKWAY.

AND SO WE'RE JUST TRYING TO BRING IT MORE INTO COMPLIANCE AND WHERE IT IS GEOGRAPHICALLY LOCATED ON MALABAR ROAD.

I UNDERSTAND THAT IT'S COMMERCIAL, SO I WAS JUST HAVING A HARD TIME BETWEEN THE.

SO THE NEXT ACTION IS REQUESTING THE COMMERCIAL LAND USE OR THE LAND USE, BUT THE ZONING.

YES, SIR. ANY OTHER QUESTIONS? THANK YOU. YEP. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING.

[00:25:03]

I CAN. A MOTION FROM LEADERS SECOND FROM DON, ANY FURTHER DISCUSSION ALL IN FAVOR SAY AYE, ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY NEXT CASE, PATRICK.

OUR NEXT CASE IS CP'S 18, 20, 21.

BACKGROUND, THE SUBJECT PROPERTY IS THE EXACT SAME PROPERTY I'M NOT GOING TO READ THAT PROPERTY WAS FORMERLY USED FOR AGRICULTURAL PURPOSES AND CONTAINS AN OLD CATTLE SHELTER ANALYSIS. THE FOLLOWING ANALYSIS IS PER CHAPTER ONE ANY FIVE ZONING CODE SECTION TWENTY FIVE POINT TWO ZERO ONE SEE WHICH STATES THAT ALL PROPOSED AMENDMENTS SHALL BE SUBMITTED TO THE PLANNING AND ZONING BOARD, WHICH SHALL STUDY SUCH PROPOSALS IN ACCORDANCE WITH ITEMS ONE THROUGH FOUR OF SECTION TWENTY FIVE POINT TWO ZERO ONE.

SEE, I'M ON THE NEED AND JUSTIFICATION FOR CHANGE.

THE APPLICANT HAS NOT PROVIDED ANY WRITTEN JUSTIFICATION FOR CHANGE OTHER THAN A DESIRE FOR FUTURE COMMERCIAL USE.

THE CURRENT ZONING DESIGNATION OF PMU REQUIRES A MIX OF RESIDENTIAL AND COMMERCIAL USES.

THIS WESTERN END OF PALM BAY CURRENTLY HAS NO ACTIVE COMMERCIAL USES, AND THE CHANGE IN ZONING WOULD ALLOW FOR THE NEEDED USES.

ITEM TWO, ONE PERTAINING TO THE REZONING OF LAND, THE EFFECT OF CHANGE, IF ANY, ON THE PARTICULAR PROPERTY AND SURROUNDING PROPERTIES, REZONING TO ANY COMMERCIAL HAS THE INCREASED POTENTIAL TO PROVIDE JOBS, GOODS AND SERVICES TO RESIDENTS IN THIS AREA OF PALM BAY. THE MOST IMMEDIATE EFFECT TO OCCUR WOULD BE HERITAGE HIGH SCHOOL AS THIS PROPERTY LIES DIRECTLY IN FRONT OF THE SCHOOL.

ANY EFFECTS WOULD BE DEPENDENT ON THE SPECIFIC DEVELOPMENT AND ITS DESIGN.

ITEM THREE ONE PERTAINING TO THE REZONING OF LAND, THE AMOUNT OF UNDEVELOPED LAND IN THE GENERAL AREA AND IN THE CITY HAVING THE SAME CLASSIFICATION AS REQUESTED.

APPROXIMATELY THIRTY TWO POINT EIGHT ACRES OF UNDEVELOPED COMMERCIAL ZONED LAND ARE LOCATED APPROXIMATELY ZERO POINT SEVENTY FIVE MILES EAST OF THE SUBJECT PROPERTY ON THE SOUTH SIDE OF MALABAR ROAD.

ITEM FOUR RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE PURPOSE THE CITY PLAN FOR DEVELOPMENT WITH APPROPRIATE CONSIDERATION AS TO WHETHER THE PROPOSED CHANGE WILL FOR THE PURPOSES OF THIS CHAPTER AND THE COMPREHENSIVE PLAN.

PROPOSED REZONING WILL FOR THE PURPOSES OF CHAPTER 185 AND THE COMPREHENSIVE PLAN BY ATTEMPTING TO STRIKE A BALANCE IN COMMERCIAL VERSUS RESIDENTIAL USES.

AFTER RECOMMENDATION, CPC 18, 20, 21 IS RECOMMENDED FOR APPROVAL.

OR HAVE ANY QUESTIONS FOR STAFF? YES, SIR, JUST ONE, IF IF UNDER.

SOMETHING HAPPENS IN THE.

STORAGE, THE STORAGE FACILITY DOESN'T DO NOT COME THERE.

IS THERE A PROCESS THEY WOULD HAVE TO DO IN ORDER TO REZONE IT AGAIN? YES, IT WOULD BE THE SAME PROCESS THAT'S BEFORE YOU.

IF IT'S GOING TO CHANGE ZONING WITH COMMUNITY COMMERCIAL ZONING DISTRICT, IT ALLOWS FOR MULTIPLE DIFFERENT USES, SO I HIGHLY DOUBT THAT IT WOULD GO FORWARD AND CHANGE AGAIN.

THIRTY ZONED COMMERCIAL, AS IT IS WITH PARKWAY MIXED USE OR PARKWAY FLEX USE, THAT ZONING CATEGORY REQUIRES A BALANCED MIX OF RESIDENTIAL AND COMMERCIAL.

NOW THIS REQUEST IS FOR JUST STRICTLY COMMERCIAL.

THE OTHER QUESTION FOR STAFF.

AT THE TIME, A LOT OF THE PUBLIC HEARING ON A ONE MORE TIME.

LAST TIME FROM US ON A SAUNDERS BSE CONSULTANTS JUST RESPECTFULLY REQUEST APPROVAL OF THE COMMUNITY COMMERCIAL ZONING DISTRICT, WE DON'T INTEND ON COMING BACK FOR ANY ADDITIONAL ZONING REQUESTS OR CHANGE OR MODIFICATION TO THE TO THE ZONING CLASSIFICATION.

YOU WERE HAPPY WITH THE COMMUNITY.

I'M GOING TO BE OK IF YOU DID. YEAH, WE'RE HAPPY WITH THE COMMUNITY COMMERCIAL TODAY.

WE JUST WANT TO MAKE SURE SOME COMMERCIAL GET OUT THERE.

THAT'S EXACTLY WHAT THE PURPOSE OF THIS IS.

YES, SIR. YEAH.

BOARD HAVE ANY QUESTIONS FOR ALI.

THANK YOU. THANK YOU SO MUCH.

HEY, AT THIS TIME, I'LL OPEN THE PUBLIC HEARING, IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OR OPPOSE TO THIS APPLICATION GOING BACK TO THE BOARD FOR A MOTION? GET A MOTION, PLEASE. WHICH INTO APPROVED CASE A CPC, EIGHTEEN TWENTY TWENTY ONE SUBJECTED TO ALL STAFF RECOMMENDATIONS.

SECOND. A SECOND FROM RAYNER.

ANY FURTHER DISCUSSION? ALL IN FAVOR SAY I ALL OPPOSED THE MOTION CARRIES UNANIMOUSLY.

THE NEXT CASE, PLEASE, CHRIS.

NEXT CASE IS SIU FORTY TWO, TWENTY TWENTY ONE.

BACKGROUND THE SUBJECT PROPERTY IS LOCATED SOUTH OF AN ADJACENT TO MALABAR ROAD, SOUTHEAST IN THE VICINITY EAST OF CORPORATE WAY SOUTHEAST.

[00:30:04]

THIS STORE EXPANSION INCLUDES APPROXIMATELY ONE POINT ONE NINE ACRES OF THE 29 ACRE SITE.

WALMART WAS APPROVED BY CITY COUNCIL ON NOV.

SIX TWO THOUSAND THREE.

THE RESOLUTION NUMBER TWENTY THREE POINT SIXTY ONE AS A PLANNED COMMERCIAL DEVELOPMENT APPROVAL OF THE RESOLUTION WAS CONTINGENT UPON THE SITE BEING DEVELOPED, ACCORDING TO A BINDING SITE PLAN. ANY SUBSTANTIAL MODIFICATIONS TO THE SITE MUST GO BACK BEFORE PLANNING AND ZONING BOARD AND CITY COUNCIL FOR APPROVAL TO MODIFY THIS RESOLUTION ON DEC.

14, 2014.

CITY COUNCIL APPROVED RESOLUTION TWENTY FOURTEEN FIFTY THREE, WHICH WAS A PROPOSAL TO CONSTRUCT A STANDALONE LIQUOR STORE IN THE NORTHWEST PORTION OF THE WALMART PARKING LOT.

ALTHOUGH THE PROJECT WAS APPROVED BY CITY COUNCIL, WALMART DECIDED NOT TO BUILD THE STORE AND DID NOT ACHIEVE SITE PLAN APPROVAL.

INSTEAD, THEY ENTERED INTO AN AGREEMENT WITH TREASURE COAST RESTAURANTS AND A SONIC RESTAURANT. DRIVE THRU SERVICE WAS CONSTRUCTED IN THE SAME LOCATION CONDITION UPON THE ORIGINAL APPROVAL OF THE FACILITY.

ANALYSIS ROW'S REQUEST IS CONSTRUCT A TWENTY SEVEN THOUSAND FIVE HUNDRED AND SIXTY TWO SQUARE FOOT AUTOMATED WAREHOUSE EXPANSION ON THE EAST SIDE OF THE EXISTING STORE CODE REQUIREMENTS TO BE GRANTED CONDITIONAL USE APPROVAL REQUESTS ARE EVALUATED UPON ITEMS A THROUGH EYE OF THE GENERAL REQUIREMENTS AND CONDITIONS OF SECTION TWENTY FIVE POINT ZERO EIGHT SEVEN OF THE CODE OF ORDINANCES.

A REVIEW OF THESE ITEMS AS FOLLOWS A DEALS WITH ADEQUATE INGRESS AND EGRESS.

OVERALL SITE IS CURRENTLY SERVICED BY A SIGNALIZED INTERSECTION IN THE NORTHWEST PORTION OF THE PROPERTY. THE ADDITIONAL ACCESS THERE ARE ADDITIONAL ACCESS POINTS ON MALABAR ROAD, SOUTHEAST AND CORPORATE WAY SOUTHEAST.

JORDAN ACCESS DRIVEWAYS CONNECT WALMART WITH SUNNIES TO THE WEST AND HOME DEPOT TO THE EAST. ALL DRIVEWAYS MEET WITH REQUIREMENTS AND NOTICE MODIFICATIONS TO ANY HAVE BEEN PROPOSED. AND BE ADEQUATE OFF STREET PARKING AND LOADING AREAS.

WAL-MART WAS APPLIED AT A RATIO OF ONE SPACE PER TWO HUNDRED AND FIFTY FEET OF GROSS FLOOR AREA IN FEBRUARY 2020.

PARKING CODE WAS REVISED FOR BIG BOX RETAILERS BASED ON CURRENT TRENDS.

THUS, THE EXISTING STORE AT TWO HUNDRED AND THREE THOUSAND EIGHT HUNDRED SIXTY SEVEN SQUARE FEET, PLUS THE EXPANSION OF TWENTY SEVEN THOUSAND FIVE HUNDRED AND SIXTY TWO SQUARE FEET, EQUALS TWO HUNDRED AND THIRTY ONE THOUSAND FOUR HUNDRED AND TWENTY NINE SQUARE FEET DIVIDED BY 400 SQUARE FEET, EQUALS A TOTAL OF FIVE HUNDRED AND SEVENTY EIGHT REQUIRED SPACES.

THE SITE CURRENTLY HAS ONE THOUSAND TWENTY FIVE SPACES.

EXPANSION WILL RESULT IN A NET LOSS OF 35 SPACES.

THE RESULT IS THE PROVISIONS OF 990 SPACES, WHICH WILL FAR EXCEED THE MINIMUM REQUIRED BY THE CITY'S PARKING CODE.

ITEM C DEALS WITH ADEQUATE UTILITIES.

THE BUILDING WILL BE REQUIRED TO CONNECT TO THE CITY'S WATER AND SEWER SYSTEM AS THESE SERVICES ARE AVAILABLE TO THE SITE.

PROPERTY IS CURRENTLY SERVICED BY FLORIDA POWER AND LIGHT.

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

DEALS WITH ADEQUATE SCREENING AND BUFFERING THE PROPOSED SITE IS BORDERED TO THE NORTH BY AN EXISTING ROAD AND SURROUNDED BY THE WAL-MART PARKING AREA TO THE NORTH, SOUTH AND EAST. THE RESIDENTIAL PROPERTY ON THE NORTH SIDE OF MALABAR IS SEPARATED BY A SIX LANE ROADWAY, WHICH IS DIVIDED BY A RAISED MEDIAN.

RESIDENTIAL LAND TO THE SOUTH IS BUFFERED BY AN EXISTING RETENTION POND, A 15 FOOT TALL CONCRETE WALL AND THE EXISTING WAL-MART STORE.

THE DEVELOPED COMMERCIAL PROPERTIES EXIST TO THE EAST AND WEST OF THE WAL-MART PROPERTY.

NO ADDITIONAL SCREENING AND BUFFERING APPEARS TO BE WARRANTED.

VITAMIN E DEALS WITH SIGNS, NO SIGNS ARE SHOWN ON THE DRAWING AND A LIGHTING PLAN WAS NOT PROVIDED. IT SHALL BE NOTED THAT THE CITY CODE REQUIRES ANY LIGHTING TO BE SHIELDED AND OR DIRECTED DOWNWARD TO AVOID CREATING A NUISANCE TO ADJACENT PROPERTIES.

DURING THE ADMINISTRATIVE FLIGHT PLAN REVIEW, A LIGHTING AND PHOTOMETRIC PLAN WILL BE REQUIRED. ADAM F DEALS WITH THE YARD AND OPEN SPACE ARE AN OPEN SPACE.

REQUIREMENTS OF OF THE ZONING CODE HAVE BEEN MET.

RAMJI PROPOSED USE WILL NOT CONSTITUTE A NUISANCE OR HAZARD.

STAFF WAS UNABLE TO DETERMINE ANY CONCERNS WITH RESPECT TO THIS ITEM, PENDING REVIEW OF THE REGULAR INTERACTION WITH THE ADJACENT DRIVEWAY FROM H USE AS A PROPOSED DEVELOPMENT WILL BE COMPATIBLE WITH THE EXISTING AND PERMITTED USES OF THE ADJACENT PROPERTIES.

THE USE IS PERMITTED AND THE SITE IS SURROUNDED BY LIGHT COMMERCIAL INTENSITIES WITH AMPLE BUFFERING TO THE SOUTH.

ITEM I DEVELOPMENT AND OPERATION OF THE PROPOSED USE WILL BE IN FULL COMPLIANCE WITH ANY ADDITIONAL CONDITIONS AND SAFEGUARDS WHICH CITY COUNCIL MAY PRESCRIBE, INCLUDING BUT NOT LIMITED TO REASONABLE TIME LIMIT WITHIN WHICH AN ACTION FOR THE SPECIFIC SPECIAL APPROVAL IS REQUESTED. CHUB BEGUN OR COMPLETED OR BOTH THE BOARD AND COUNCIL HAVE THE AUTHORITY AND RIGHT TO IMPOSE ANY ADDITIONAL AND JUSTIFIABLE SAFEGUARDS AND OR CONDITIONS TO ENSURE THE FACILITY OPERATES SAFELY AND HARMONIOUSLY WITH ITS SURROUNDING STAFF'S RECOMMENDATION. A.

C. FORTY TWO TWENTY TWENTY ONE IS RECOMMENDED APPROVAL SUBJECT TO STAFF COMMENTS CONTAINED IN THIS REPORT, AND I'D BE HAPPY TO ANSWER ANY QUESTIONS IN THE APPLICANT IS IN ATTENDANCE OR HAVE ANY QUESTIONS FOR STAFF.

[00:35:03]

ARCHITECTURAL REQUIREMENTS FOR THIS BUILDING.

SO THE ARCHITECTURAL REQUIREMENTS IS THAT THE BUILDING HAS TO MATCH THE EXISTING BUILDING. IT'S WRITTEN RIGHT INTO OUR CODE.

YOU KNOW, THE QUESTION FOR STAFF.

AND THANK YOU, CHRIS. APPLICANTS, REPRESENTATIVE, PLEASE COME TO THE PODIUM.

HI, GOOD EVENING. ANDREW PETERSEN FROM BOWMAN CONSULTING GROUP FOUR FOUR FIVE ZERO WEST GALLEY BOULEVARD IN MELBOURNE.

IT'S GOING TO SAY WE AGREE WITH THE STAFF'S RECOMMENDATIONS IN THE REPORT AND I RESPECTFULLY REQUEST YOUR APPROVAL.

AND OPEN ANY QUESTIONS YOU MAY HAVE OR TO HAVE ANY QUESTIONS, MR PETERSEN.

UM. YES, SIR. JUST TO BE CLEAR, SO.

WHERE THE WHERE WHERE YOU ALL CURRENTLY HAVE THE.

THE ARE TRAILERS OR THE THAT'S CURRENTLY OUT THERE BY THE BY THE SITE NOW ON THE OTHER SIDE. SO IT'S GOING TO BE OVER ON THAT SIDE OF THE BUILDING, BUT JUST MORE UP INTO THE RIGHT, WE'RE GOING TO BE ON THE EAST SIDE OF THE SITE RIGHT THERE WHERE THEY'RE POINTING.

YEAH. TOWARDS THE HOME DEPOT SIDE, HOME DEPOT ON THE MAP IS ALL THE WAY TO THE RIGHT HAND SIDE ON THE OTHER SIDE OF THAT STORMWATER PONDS.

ARE YOU PLANNING TO GET RID OF THE THE THERE'S A WORD ON IT'S LIKE YOU ALL HAVE LIKE A CARGO? YEAH, LIKE A TRAILER.

IT AND THIS CONCEPT PLANS ACTUALLY ROTATE IT FROM WHAT YOU SAW, SO IT'S UPSIDE DOWN.

ARE YOU REFERRING TO THE THE TRUCK DOCK? THE EXISTING TRUCK DOCK AT THE TOP RIGHT OF THE PHOTO IS GOING TO REMAIN AND THAT WILL CONTINUE TO SERVE THE BUILDING.

WHAT THIS WILL TAKE UP IS THIS WILL TAKE UP THE EXISTING ONLINE GROCERY PICKUP.

THAT'S WHAT THIS EXPANSION IS FOR.

IF YOU'RE FAMILIAR WITH THE ORANGE COLORED PARKING SPACES WHERE THE ASSOCIATES BRING THE ORDERS OUT TO YOU, THIS WILL BE DONE THROUGH THOSE NEW PARKING SPACES DIRECTLY ADJACENT TO THE BUILDING. THIS IS AN EXPANSION OF THAT PROGRAM.

SO IT IS SO IT'S OVER BY THE IT'S OVER BY THE CURRENT WHERE YOU ALL HAVE THE LIKE THE CARGO TRAILERS.

OK, I'M NOT I HAVEN'T BEEN TO THE SITE RECENTLY, SO I'M NOT FAMILIAR WITH THE TRAILERS, BUT THERE IS A LIKE A STORAGE SHED THAT WILL BE TAKEN UP REMOVED.

THERE IS THE OTHER STORAGE SHED WILL REMAIN.

THAT'S REALLY JUST FOR THE RECYCLED PALLETS.

BE SITTING UNTIL THEY GET PICKED UP.

ANY OTHER QUESTIONS, THANK YOU.

MR. PETERSON, THIS TIME I'LL OPEN THE PUBLIC HEARING, IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED? YOU KNOW, NO CLOSED PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION.

A MOTION TO APPROVE, SEE YOU FORTY TO TWENTY TWENTY ONE SUBJECT TO STAFF COMMENTS.

I CAN. ON SECOND.

ANY FURTHER COMMENTS? ALL IN FAVOR SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY.

THANK YOU, MR. PETERSON. OUR NEXT CASE, PLEASE? PATRICK.

BACKGROUND SUBJECT PROPERTY IS LOCATED WEST OF AN ADJACENT TO BABCOCK STREET, SOUTHEAST IN THE VICINITY SOUTH OF FOUNDATION PARK BOULEVARD SOUTHEAST.

SPECIFICALLY, THE PROPERTY IS TAX PARTIAL 12, LOCATED IN SECTION NINE TOWNSHIP TOWNSHIP 29 SOUTH RANGE THIRTY SEVEN EAST BREVARD COUNTY, FLORIDA PROPERTY WAS REZONING FROM RR RAW RESIDENTIAL TO SEEK COMMUNITY COMMERCIAL IN 2007, JUST BEFORE A DOWNTURN IN THE ECONOMY. AS A RESULT, THE PROPERTY WAS NOT COMMERCIALLY DEVELOPED ANALYSIS.

BALTER ANALYSIS IS CHAPTER 195 ZONING CODE SECTION TWENTY FIVE POINT TWENTY ONE SEE ITEM ONE THE NEED IN JUSTIFICATION FOR THE CHANGE.

THE APPLICANT STATES THAT THE JUSTIFICATION FOR THE CHANGE IS FOR A PROPOSED SELF-STORAGE FACILITY, WHICH WILL BE RESTRICTED BY CURRENT ZONING OF COMMUNITY.

COMMERCIAL PROPERTY IS LOCATED ALONG BABCOCK STREET SOUTHEAST, A QUARTER THAT HAS BEEN TRANSITIONING TO GENERAL COMMERCIAL OVER THE YEARS.

THE APPLICANT IS CORRECT IN THAT SEVERAL PARCELS HAVE ALREADY BEEN ZONED TO GENERAL COMMERCIAL ALONG THIS CORRIDOR.

THREE OTHER PARCELS SOUTH OF THE SUBJECT PROPERTY HAVE GENERAL COMMERCIAL ZONING AND COMMERCIAL USES. A FUTURE LAND USE DESIGNATION WITHIN THE COMMUNITY COMMERCIAL ZONING DISTRICT. SELF-STORAGE FACILITIES ARE ALLOWED VIA CONDITIONAL USE WITH BUILT IN CONDITIONS THAT MUST BE MET AND THE GC ZONING DISTRICT, A SELF-STORAGE FACILITY, IS PERMITTED BY RIGHT. ITEM TWO, ONE PERTAINING TO THE ZONING OF LAND, THE EFFECT OF THE CHANGE, IF ANY, ON THE PARTICULAR PROPERTY AND ON SURROUNDING PROPERTIES, REZONING OF THIS PARTIAL TO GENERAL COMMERCIAL WOULD HAVE MINIMAL CHANGES COMPARED TO WHAT IS CURRENTLY ALLOWED UNDER COMMUNITY COMMERCIAL ZONING.

[00:40:02]

ONLY ONE IS VACANT. LAND IN IS OWNED BY BREVARD COUNTY, ALTHOUGH JC ZONED LANDS ARE LOCATED HALF A MILE NORTH IN MALIBU UNIT 40, WHICH IS ON THE EAST SIDE OF BABCOCK, NORTH OF INTERSTATE NINETY FIVE.

I AM FOR THE RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE PURPOSE OF THE CITY PLAN FOR DEVELOPMENT, THE APPROPRIATE CONSIDERATION AS TO WHETHER THE PROPOSED CHANGE WILL FURTHER THE PURPOSES OF THIS CHAPTER AND OF THE COMPREHENSIVE PLAN.

PROPOSE AMENDMENT DOES NOT IMPEDE THE PURPOSES OF CHAPTER ONE, FIVE OR THE COMPREHENSIVE PLAN OF ZONING DISTRICT IS CONSISTENT WITH THEIR PROPERTIES.

FUTURE LAND USE DESIGNATION OF COMMERCIAL USE.

THAT RECOMMENDS APPROVAL OF THIS CASE.

HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

OR HAVE ANY QUESTIONS FOR STAFF? THE PATRICK, THE APPLICANT'S REPRESENTATIVE POLICE COME TO THE PODIUM.

GOOD EVENING, PLANNING AND ZONING, BOARD, MY NAME IS CHRISTINA BELL, I'M THE CIVIL ENGINEER WITH KIMBERLY HORNE ON BEHALF OF THE APPLICANT ROTH FREEDOM.

I'D LIKE TO THANK YOU FOR YOUR TIME THIS EVENING AND THIS PROPOSAL FOR A REZONING, AS STAFF MENTIONED. WE BELIEVE THAT THIS IS A MINOR CHANGE IN THE REZONING THAT WOULD ALLOW THE SITE TO BE DEVELOPED WITH A SELF-STORAGE FACILITY FOR THE MOST EFFICIENT LAYOUT OF THE SITE. I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE BOARD HAVE ANY QUESTIONS FOR CHRISTINA. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSED? NO, NO. CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION.

LET'S SEE FORTY FIVE, TWENTY TWENTY ONE.

SECOND. AND FROM LEADERS SECOND, FROM RICHARD, ANY FURTHER DISCUSSION? YES, I JUST HAVE ONE QUESTION IS THERE WAS WAS.

IT WAS A TRAFFIC STUDY NECESSARY FOR THIS.

I DON'T BELIEVE. NO, NOT THIS TIME.

WE KNOW WHENEVER WE DO THE SITE PLAN, IT WOULD BE REQUIRED AT THAT TIME.

AS OF NOW, YOU ALL HAVE AN IDEA OF WHAT YOU WANT TO PUT THERE.

YES. I CAN I CAN FURTHER ANSWER THAT QUESTION.

WE DON'T REQUIRE TRAFFIC STUDIES ON ZONING APPLICATIONS BECAUSE WE DON'T KNOW WHAT THAT DEVELOPMENT CAN BE, EVEN THOUGH THEY MAY BE INTENDING A SELF-STORAGE IF THAT BUSINESS WERE TO FALL THROUGH. YOU STILL HAVE THE ZONING REALM WITH THE LAND.

SO WE WOULD ADDRESS THEIR NEED FOR A TRAFFIC STUDY WHEN A SITE PLAN SUBMITTED, AND THAT WOULD BE BASED ON THE AMOUNT OF PEAK HOUR TRIPS THAT THAT PARTICULAR PROPOSAL WOULD GENERATE. SO WE DON'T REQUIRE THEM AT THIS EARLY STAGE IN THE GAME ONLY WHEN WE ACTUALLY HAVE A PROPOSED DEVELOPMENT IN FRONT OF US.

NO, THIS WOULD NOT IF THIS WAS ZONED AND THE PROPERTY OWNER WENT FORTH WITH SELF-STORAGE, THAT'S A PERMITTED USE BY RIGHT THAT WOULD NOT COME BACK BECAUSE THE PROPERTY IS UNDER 10 ACRES. ANY ANY FURTHER DISCUSSION? WELL, IF WE WERE TO SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY OR IN THIS CASE, PLEASE, PATRICK.

HMM. NEXT CASE ON THE AGENDA IS CASE, SEE YOU FORTY SIX, TWENTY TWENTY ONE.

BACKGROUND SUBJECT PROPERTY GIANT RECREATION WORLD WAS CONSTRUCTED IN 2016.

PROPERTY RECEIVED CONDITIONAL USE APPROVAL VIA RESOLUTION 2012 DASH FORTY FIVE AS A PLANNED COMMERCIAL DEVELOPMENT, WHICH WAS LATER EXTENDED IN VIA RESOLUTION 2005 2019.

THE TOTAL PROPERTY CONSISTS OF TWENTY FOUR POINT ZERO FIVE ACRES OF LAND, WITH A RETAIL SERVICE BUILDING AND A PAY OUTSIDE STORAGE AREA OF INVENTORY VEHICLES.

THE APPLICANT'S DIRECT RECREATION WORLD ARE REQUESTING CONDITIONAL USE APPROVAL FOR AN ACCESSORY BUILDING FOR AN RV DETAIL AND DELIVERY SHOP TO OPERATE AT THEIR CURRENT PROPERTY AS REQUIRED BY SECTION ONE EIGHTY FIVE POINT FOUR THREE D, ONE OF THE PALM BAY CODE OF ORDINANCES ANALYSIS.

STATED IN THE BACKGROUND SECTION OF THIS REPORT, THE SITE RECEIVED APPROVAL IN 2012, SITE IMPROVEMENTS, WHICH ARE CONSTRUCTED IN 2016, CONSISTS OF A THIRTY TWO THOUSAND SQUARE FOOT RETAIL AND SERVICE CENTER FOR RECREATIONAL VEHICLES.

ROUGHLY HALF THE SITE IS USED FOR VEHICLE DISPLAY AND STORAGE.

A LARGE RETENTION POND IS IN THE MIDDLE OF THE PROPERTY, AND A ONE ACRE AREA IN THE NORTHWEST PORTION OF THE SITE REMAINS UNDEVELOPED.

THE APPLICANTS ARE SEEKING TO ADD ANOTHER BUILDING ON THE PROPERTY A TWENTY THREE THOUSAND SQUARE FOOT BUILDING BAY DOORS TO FUNCTION AS AN RV RETAIL OR, EXCUSE ME, RV DETAIL SHIP AND DELIVERY BUILDING.

THE PROPOSED STRUCTURE WILL BE BUILT ON A FOUR ACRE PORTION OF THE EXISTING PARCEL, WHICH IS PRESENTLY UNDEVELOPED.

CODE REQUIREMENTS. BE GRANTED CONDITIONAL USE APPROVAL REQUESTS ARE EVALUATED UPON ITEMS A THROUGH EYE OF THE GENERAL REQUIREMENTS AND CONDITIONS OF SECTION ONE HUNDRED FIVE POINT EIGHTY SEVEN, A REVIEW OF THESE ITEMS AS FOLLOWS ITEM A INGRESS AND EGRESS SITE PLAN SHOWS NO NEW INGRESS OR INGRESS FROM OVERDRIVE NORTHEAST AS IT IS NOT NECESSARY.

[00:45:04]

PROPOSED BUILDING IS NOT ANTICIPATED TO CREATE A SIGNIFICANT INCREASE IN TRAFFIC TO THE SITE. ITEM B PARKING LOADING AREAS OFF STREET PARKING HAS BEEN PROPOSED ALONG THE WESTERN BOUNDARY OF THE PROPERTY, ALTHOUGH ADDITIONAL PARKING IS NOT REQUIRED WITH EXISTING ACCESSORY STRUCTURES.

THESE PARKING SPACES ARE FOR EMPLOYEE AUTOMOBILES, WITH ADDITIONAL RV PARKING ALONG THE EASTERN BOUNDARY. AND C UTILITIES.

THIS THING BUILDING IS CONNECTED TO CITY WATER AND SEWER SERVICES.

THAT REPORT STATES THAT THEY'RE NOT GOING TO HAVE ANY CONNECTIONS TO WATER AND SEWER.

WE LEARNED JUST THIS WEEK AFTER THIS STAFF REPORT WAS COMPLETED THAT THEY ARE GOING TO PUT A COUPLE OF BATHROOMS IN THERE FOR THEIR EMPLOYEES SINCE THIS BUILDING IS NOT BEING OPEN TO THE PUBLIC AS JUST FOUR EMPLOYEES.

WE WILL MAKE THE NECESSARY CHANGES TO THE REPORT IF IT GOES TO THE COUNCIL.

BUT WHEN THIS GOT PRINTED, WE DIDN'T KNOW THAT.

PHILIP ITEM AND SCREENING AND BUFFERING.

REPO, THE PROPERTY RECEIVED A VARIANCE TO REDUCE THE NUMBER OF REPLACEMENT TREES ON THE PROPERTY FROM ONE HUNDRED AND SIXTY EIGHT TO ZERO TREES WITH TWO CONDITIONS.

THE FIRST CONDITION OF THE VARIANCE INCLUDED A NATURAL BUFFER ALONG THE SOUTHERN PROPERTY LINE ADJACENT TO RESIDENTIAL LAND.

AT A MINIMUM OF 30 FEET, SECOND CONDITION INCLUDED WORKING WITH STAFF TO PLANT THE REQUIRED REPLACEMENT TREES ON CITY PROPERTY.

PROPOSED SITE IMPROVEMENTS WILL BE LOCATED ADJACENT TO THE PALM BAY SENIOR CENTER.

EXCEPTIONAL PLANT INDICATES PRESERVATION OF EXISTING TREES IN THE SOUTHEASTERN PORTION OF THE PROJECT AREA TO HELP BUFFER THEIR PROPERTIES ALONG GILBERT DRIVE NORTHEAST.

THOSE ACCESSORY BUILDING WILL BE VISIBLE FROM OVERDRIVE, SHOULD HAVE ADEQUATE SCREENING BETWEEN THE ROAD AND ADJOINING PROPERTIES AS THIS IS AN ACCESSORY BUILDING THAT WILL BE USED BY EMPLOYEES ONLY.

THERE DOES NOT APPEAR TO BE A NEED FOR VISIBILITY FROM THE STREET SINCE THE SITE IS ADJACENT TO THE SENIOR CENTER IS NOT REQUIRED TO MEET THE 30 FOOT VEGETATIVE BUFFER.

THEREFORE, STAFF RECOMMENDS A VEGETATIVE BUFFER ON THE WESTERN PROPERTY LINE IN A ROW OF CANOPY TREES ALONG THE SOUTHERN PROPERTY LINE ADJACENT TO THE SENIOR CENTER SIGNS AND LIGHTING. NO ADDITIONAL PHOTOMETRIC OR SIGN PLANS HAVE BEEN SUBMITTED FOR PERMITTING OR WITNESS APPLICATION, ANY ADDITIONAL SIGNS MUST COMPLY WITH THE COMMERCIAL SIGN CODE IN ANY PROPOSED LIGHTING. PLANS MUST SHOW THAT ALL LUMENS FALL TO ZERO AT THE PROPERTY LINES, FACADES AND OPEN SPACES DUE TO THE SIZE OF THE PROPERTY.

THERE APPEARS TO BE SUFFICIENT OPEN SPACE TO ENSURE COMPATIBILITY WITH ADJOINING PROPERTIES, PROVIDED THERE IS ADEQUATE SCREENING AND BUFFERING.

ALLERGY NUISANCES OR HAZARDS CAUSED BY THE USE? EXISTING USE OF THE SITE FOR RV SALES AND DISPLAY IS ADJACENT TO INTERSTATE 95.

ANY ADDITIONAL NOISE AND FUME GENERATION APPEARS MINIMAL.

THE PROPOSED ACCESSORY STRUCTURE IS A COVERED BUILDING TO DETAIL AND PREPARE RVS FOR DELIVERY TO CUSTOMERS WILL NOT ADD ANY NEW VEHICLES TO THE SITE.

ACCESS WILL BE INTERNAL AND NO ADDITIONAL DRIVEWAYS ARE PROPOSED.

ITEM AGE COMPATIBILITY.

RECREATION WORLD WAS ALLOWED TO DEVELOP UNDER THE APPROVAL OF SEEING 15, 2012 WITHIN THE COMMUNITY COMMERCIAL ZONING CATEGORY, BUT THE STRUCTURE IS ADJACENT TO INSTITUTIONAL USE ZONE LAND AND WOULD NOT BE INCOMPATIBLE PROVIDED THERE IS ADEQUATE SCREENING AND BUFFERING. ITEM II ADDITIONAL CONDITIONS BOARD AND COUNCIL HAVE THE AUTHORITY AND THE RIGHT TO IMPOSE IT ANY ADDITIONAL AND JUSTIFIABLE SAFEGUARDS AND OR CONDITIONS TO ENSURE THAT THE FACILITY OPERATES SAFELY AND HARMONIOUSLY WITH ITS SURROUNDINGS.

ADDITIONAL STAFF COMMENTS.

PUBLIC WORKS DEPARTMENT IS REQUESTING AN EASEMENT ALONG THE SOUTH SIDE OF THE PROPERTY TO AID IN THE MAINTENANCE OF THE ABUTTING DRAINAGE DITCH.

THE FIRE PLAN'S EXAMINER HAS STATED THAT THE BUILDING SHALL BE APPROVED, SHALL BE PROVIDED A FIRE SPRINKLER SYSTEM.

THAT RECOMMENDATION MOTION TO APPROVE, SEE YOU FORTY SIX, TWENTY TWENTY ONE, SUBJECT TO THE FOLLOWING CONDITIONS VEGETATED BUFFER ALONG THE WESTERN PROPERTY LINE IN A ROW OF CANOPY TREES ALONG THE SOUTHERN PROPERTY LINE ADJACENT TO THE PROPOSED DEVELOPMENT.

BUILT NEW BUILDINGS SHALL BE FIRE SPRINKLER AT THE TIME OF SITE PLAN SUBMITTAL, THE APPLICANT SHALL WORK WITH THE CITY'S ENGINEERING DIVISION TO ESTABLISH A DRAINAGE EASEMENT ALONG THE SOUTHERN POVERTY LINE.

LASTLY, PRESERVE THE EXISTING TREES INDICATED ON THE CONCEPTUAL PLAN.

I'D BE HAPPY TO ANSWER THE QUESTIONS THE BOARD MAY HAVE, THE APPLICANTS REPRESENTATIVE IS IN ATTENDANCE. THE BOARD HAVE ANY QUESTIONS FOR STAFF.

WELL, THE APPLICANT'S REPRESENTATIVE, PLEASE COME TO THE PODIUM.

THANK YOU, JAKE. CIVIL ENGINEER FOR THE PROJECT.

MY ADDRESS IS TWENTY SIX POINT FIFTY ONE WEST OF GALILEE BOULEVARD.

THIS SITE'S BEEN HERE A LONG TIME, WITH GIANT RECREATION WORLD TAKING UP ABOUT 20 ACRES OF THE TWENTY FOUR ACRES.

SO WE'RE HERE BEFORE YOU WITH THE LAST FOUR ACRES.

WHAT WE'RE PROPOSED USE IS IS DETAILING THE NEED VEHICLES BEFORE THEY SELL THEM AND THEY'RE ALREADY PERFORMING THIS ON SITE.

THEY'RE JUST TRYING TO HAVE A BIGGER, BETTER AREA FOR THEMSELVES AND THEIR EMPLOYEES TO DO THIS STUFF HAD MENTIONED THERE WOULD BE NO PUBLIC ACCESS TO THIS PORTION OF THE SITE.

[00:50:02]

SO WE'RE NOT ANTICIPATING THIS USED TO ACTUALLY GENERATE MORE TRIPS.

WE'RE NOT ASKING FOR A NEW DRIVEWAY.

WE'RE KEEPING THE EXISTING DRIVEWAY, AS IS ON THE CULVER ROAD, SO THE SITE PLAN BASICALLY STAYS THE SAME. JUST ADDING THIS ONE FACILITY IN A PORTION OF IT THAT THEY ALREADY HAVE.

WE DID HAVE A NEIGHBORHOOD MEETING.

WE HAD THREE PEOPLE ATTEND THAT MEETING.

THEY HAD SOME GOOD COMMENTS THAT WE'RE HAPPY TO WORK WITH THEM ON.

ONE OF THEM WAS EXACTLY A STAFF HAD RECOMMENDED THAT WAS TO INCREASE THE BUFFER IN THE BOUNDARY ALONG THE SOUTHERN AREA.

SO EVEN THOUGH WE'RE A COMMERCIAL ADJACENT TO COMMERCIAL, WE WERE HAPPY TO AGREE TO THAT.

SO WE'RE GOING TO HAVE AN INCREASED BUFFER ALONG THERE, VERY SIMILAR TO WHAT THE STAFF REPORT IDENTIFIES AS FAR AS THE A THROUGH EYE CRITERIA FOR A CONDITIONAL USE STAFF ALREADY GONE THROUGH THEM.

SO WE WON'T GO POINT BY POINT, BUT WE DO MEET THE CRITERIA FOR ALL OF THOSE AS STAFF REPORT. STAFF IDENTIFIED AS WELL ONE QUICK ITEM IS THAT AN ITEM SEE ABOUT UTILITIES AT OUR TIME OF OUR INITIAL SUBMITTAL, THEY DIDN'T.

THEY DIDN'T KNOW THAT THEY WERE GOING TO ADD BATHROOMS, SO THAT WAS A SURPRISE ITS STAFF TODAY, AS WE FOUND OUT.

SO WE DO PLAN ON ADDING BOTH WATER, POTABLE WATER AND SEWER TO BE EXTENDED TO THE BUILDING. IT'S ALREADY ON SITE, IMMEDIATELY ADJACENT TO THE PROPERTY, SO IT WOULD BE A SIMPLE EXTENSION OF THEM AND WE WILL SPRINKLE THE BUILDING AS STAFF HAD IDENTIFIED.

AND THE ONLY OTHER ITEM THAT I JUST WANTED TO MENTION TO THE BOARD IS THE THIRD BULLET BELOW. THE MOTION TO APPROVE STAFF RECOMMENDATIONS HAS TO DO WITH THE APPLICANT WORKING WITH THE CITY ENGINEERS TO ESTABLISH A DRAINAGE EASEMENT ALONG THE SOUTHERN PROPERTY LINE. THEY HAVE SINCE TOLD US THEY MAY NOT WANT THIS, SO IF THEY DO, WE'LL GIVE IT TO THEM. IF THEY DON'T, WE WON'T.

BUT WE'RE HAPPY TO WORK WITH THEM.

CURRENTLY, THEY'RE MAINTAINING IT FROM THE SOUTH SIDE.

THIS WOULD BE ON THE NORTH SIDE OF AN EXISTING DITCH, SO THEY'RE JUST KIND OF RECONSIDERING IF THEY WANT IT.

I DO HAVE A MEETING WITH THEM TOMORROW, SO WE'LL KNOW WELL BEFORE COUNCIL WHETHER OR NOT THEY WANT THAT EASEMENT FOR FUTURE MAINTENANCE.

WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS AND DO APPRECIATE A CHANCE TO RESPOND ANY PUBLIC COMMENTS OR HAVE ANY QUESTIONS FOR MR. WEISS. I DO.

I THINK IT'S MORE OF A STAFF IN YOUR COMMENT REGARDING THE TREES.

I MEAN, THE FACT THAT I CAN COUNT 20 TREES IS THAT OR THERE'S AN ACTUAL NUMBER.

THAT WE'RE LOOKING. ACCORDING TO YOUR STATEMENT SAYS, TO SAVE THE TREES THAT ARE THAT ARE ON THE SITE, THE CONCEPTUAL PLAN.

WHAT WHAT WE ARE LOOKING FOR IS THERE ARE TREES THAT ARE IDENTIFIED ON THE CONCEPTUAL PLAN. THE CONDITION IS THAT THOSE REMAIN SO THAT WHEN THE SITE PLAN COMES IN, ISN'T WE FORGOT WE WANTED TO ADD SOME PAVEMENT HERE OR WE WANT AN OUT OF PARKING HERE AND TAKE THIS TREE OUT NOW. THE CONDITION WOULD BE THE TREES THAT THEY'VE ACTUALLY INDICATED ON THEIR CONCEPTUAL PLAN ACTUALLY GET SAVED.

AND THIS IS A CONCEPTUAL PLAN THAT WE HAVE IN FRONT OF US HERE.

YEAH, WE HAVE. I'M SORRY, GO AHEAD.

IT DOESN'T SHOW UP TOO WELL, BUT THEY DO INDICATE DESERT PRESERVATION FOR A LONG DAY.

THERE ARE SEVERAL PLACES ON HERE.

SO SOME TREES CALLED OUT OR THE LARGER ONES WE CALL EXCEPTIONAL SPECIMEN TREES.

DID NOT REPRINT VERY WELL WHEN WE DID THE SCAN.

JUST FOR AN EXAMPLE, THAT'S A.

IT'S TWENTY FOUR AND 12 INCH OAK TREES, SO WE WERE PRESERVING ALL THAT, AND WE'RE SHOWING THEM SPECIFICALLY ON THE PLANT TO BE PRESERVED.

OH OK. ALL RIGHT. WE DESIGNED OUR SITE AROUND THOSE TREES.

AND THE OTHER QUESTIONS FOR MR. WISE. THANK YOU, JAKE.

THANK YOU. THIS POINT, I'LL OPEN THE PUBLIC HEARING.

IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR IN THIS APPLICATION OR OPPOSED? NO, NO CLOSE PUBLIC HEARING AND BRING BACK TO THE BOARD FOR A MOTION.

GROUP C, FORTY SIX, TWENTY TWENTY ONE, SEVENTY FOUR.

IT'S LIKE, WAIT A SECOND FROM RICHARD, ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY.

NEXT CASE, PLEASE, OF COURSE.

NEXT CASE IS FORTY SEVEN.

TWENTY TWENTY ONE.

BACKGROUND SUBJECT PROPERTY IS LOCATED IN THE VICINITY WEST OF MARYLAND BOULEVARD, SOUTHEAST AND SOUTH OF MELBOURNE.

TILMAN WARNER CANAL WATER CONTROL DISTRICT, CANAL NUMBER THIRTY EIGHT.

SPECIFICALLY, A PORTION OF TRACT, ONE OF SAN SEBASTIAN FARM SUBDIVISION, SECTION FIVE TOWNSHIP 30 RANGE THIRTY SEVEN, OR BREVARD COUNTY, FLORIDA.

THIS FINAL PAVED REQUEST INCLUDES APPROXIMATELY FORTY SEVEN POINT NINE NINE ACRES OF LAND IN 2004. THE SUBJECT PROPERTY WAS ANNEXED INTO THE CITY VIA ORDINANCE TWENTY FOUR POINT

[00:55:02]

OR CYPRESS PRESERVE.

SITE SPECIFIC CONDITIONS WERE PLACED ON THE ON THE AMENDMENT VIA ORDINANCE TWENTY FOUR POINT FORTY EIGHT BETWEEN TWENTY FIVE AND TWENTY EIGHTEEN AND 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 RECEIVED FINAL DEVELOPMENT PLAN APPROVAL ABOUT THIS CURRENT APPLICATION BEING ENCOUNTERED ARE AS FOLLOWS ONE THOUSAND EIGHT HUNDRED AND SIXTY SIX UNITS ON THE WEST SIDE OF BABCOCK AND THREE THREE HUNDRED AND SIXTY TWO UNITS ON THE EAST SIDE OF MARAGH ANALYSIS.

THE APPLICANT IS REQUESTING FINAL DEVELOPMENT PLAN FTTP APPROVAL FOR A PLANNING UNIT DEVELOPMENT TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL SUBDIVISION CALLED GARDENS AT WATER STONE. PHASE THREE AND UNIT DEVELOPMENT IS A CONCEPT THAT ENCOURAGES AND PERMITS A VARIATION IN RESIDENTIAL DEVELOPMENTS BY ALLOWING DEVIATION AND LOT SIZE, BULK OR TYPE DWELLINGS, DENSITY, BLOCK COVERAGE SETBACKS AND OPEN SPACE FROM THOSE ELEMENTS REQUIRED IN ANY SINGULAR ZONING CLASSIFICATION FOUND IN THE CITY ZONING CODE.

SPECIFICALLY, THIS FTTP PROPOSES ONE HUNDRED AND SEVENTY ONE UNIT SINGLE FAMILY DEVELOPMENT THAT WILL BE CONSTRUCTED IN ONE PHASE OR THE FDB.

AVERAGE LOTS WITHIN THE RESIDENT RESIDENTIAL DEVELOPMENT ARE 50 BY ONE TWENTY FIVE.

PROPOSED MINIMUM HOME SIZE IS ONE THOUSAND THREE HUNDRED AND FIFTY SQUARE FEET.

THERE WILL BE ONE ACCESS POINT OF THE NEWLY CREATED GRANGER CIRCLE, WHICH CONNECTS TO THE NEWLY EXTENDED MALOMO BOULEVARD.

ALL ROADS WITHIN THE SUBDIVISION WILL BE PRIVATE GARDENS AT WATER ST.

FACE THREE WILL HAVE PASSIVE RECREATION AREAS AND MEANDERING WALKING TRAILS, CONNECTING THE SUBDIVISION TO MALAMA AND OTHER FUTURE SECTIONS OF LARGER COMMUNITY ALL UNDER THE CONTROL GARDENS OF WATER ST.

HOMEOWNERS ASSOCIATION.

THE RECREATION AREAS WILL BE USED BY ALL HOMES THE GARDENS AT WATER ST., PHASE ONE, TWO AND THREE. THERE ARE THREE NEIGHBORHOOD PARKS AND GARDENS FACE TO GARDENS PHASE TWO TOTALING ONE POINT EIGHT ACRES MORE OR LESS.

THESE WILL BE PRIMARILY PASSIVE PARKS USE FOR MULTI PURPOSE PLAYING FIELDS, A DOG PARK AND OTHER OUTDOOR ACTIVITIES.

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

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

CONDITIONS ORDER RECEIVE FTP APPROVAL OF PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION 25 CITY PALM BAY CODE OF ORDINANCES ON 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 PLAN. WE ENGINEERED CONSTRUCTION DRAWINGS, A SUBDIVISION PLAT MEETING, CHAPTER ONE, SEVENTY SEVEN AND FLORIDA STATE STATUTE REQUIREMENTS AND A TITLE OPINION.

THE TECHNICAL COMMENTS CENTER BY DEVELOPMENT STAFF SHALL BE OBSERVED AND INCORPORATED INTO THE ENGINEERING CONSTRUCTION DRAWINGS.

NO ROAD SHALL BE ACCEPTED BY THE CITY OF PALM BAY FOR OPERATION AND MAINTENANCE UNTIL AND UNLESS DEVELOPER REQUESTS THE ACCEPTANCE TO THE PROCESS PROMULGATED IN CHAPTER 22 OF THE CITY OF PALM BAY CODE OF ORDINANCES ON COMMENCEMENT OF SAID PROCESS.

STAFF WILL DETERMINE IF ACCEPTANCE OF ANY ROADS WOULD PROVIDE A PUBLIC BENEFIT AND THAT THE CURRENT CITY OF PALM BAY CONSTRUCTION STANDARDS CEMENT STAFF'S RECOMMENDATION CASE FD FORTY SEVEN TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL, SUBJECT TO STAFF COMMENTS CONTAINED IN THIS REPORT.

OR HAVE ANY QUESTIONS FOR STAFF? HMM. THANK YOU, CHRIS.

JAKE, YOU'RE UP. THANK YOU, JAKE, WHY CIVIL ENGINEER FOR THE PROJECT? I DIDN'T KNOW IF THIS DAY WOULD EVER COME.

THIS IS THE LAST PHASE OF THE RESIDENTIAL FOR CYPRUS BAY EAST AND FOUR WATERS DOWN.

SO THIS IS THE THIRD PHASE OF THREE PHASES OF GARDENS OF WATER STONE, WHICH IS WHY IT WAS SO BRILLIANTLY TITLED BY US.

THERE IS 40 ACRES WITH ONE HUNDRED AND SEVENTY ONE UNITS PROPOSED AS IDENTIFIED.

WE'RE ALLOWED UP TO FIVE UNITS AN ACRE.

WE'RE ONLY AROUND THREE AND A HALF.

WE'RE TRYING TO TAKE ADVANTAGE OF THE CODE THAT ALLOWS FOR THE OPEN SPACE AND REC AREAS.

AND AS THE STAFF REPORT DESCRIBED, THIS PHASE IN ITSELF, COMBINED WITH THE OTHER PHASES, PROVIDES A WHOLE LOT OF DIFFERENT AMENITIES.

THEY'RE SPREAD OUT THROUGH THE MULTIPLE PHASES.

EACH PHASE DOES ACTUALLY STAND ON ITS OWN TO MEET ALL OF THE CODE REQUIREMENTS.

AND ONCE ALL THREE ARE DEVELOPED TOGETHER, THERE'S GOING TO BE A LOT OF AMENITIES SPREAD OUT ACROSS THE SITE.

CURRENTLY, PHASE ONE IS UNDER CONSTRUCTION.

PHASE TWO IS GETTING PRETTY CLOSE TO FINAL PERMITTING.

THEY PLAN TO MOVE DIRECTLY INTO PHASE TWO AND THEN HOPEFULLY ULTIMATELY PHASE THREE AS WELL. WE DID HAVE A NEIGHBORHOOD MEETING, WE DID NOT HAVE ANY ATTENDEES.

AND IF THIS BOARD REMEMBERS SOME OF OUR EARLY MEETINGS, WE HAD A LOT OF ATTENDEES.

SO I THINK WE'VE WORKED VERY CLOSELY AND WELL WITH THE NEIGHBORS AND WE'RE HAPPY TO BE

[01:00:05]

WE DO AGREE WITH THE CONDITIONS AND STAFF HAS PRESENTED HERE.

THE SUBDIVISION IS GATED SO THE ROADS WILL BE BUILT PRIVATE, WILL BE MAINTAINED PRIVATELY BUT BUILT TO CITY STANDARDS AND PHASE ONE PUT IN A LIFT STATION FOR THE SEWERAGE.

SO THE OTHER TWO PHASES, INCLUDING THIS ONE, WOULD UTILIZE THAT SAME LIST STATION.

THE ENTIRE PROJECT, THE ENTIRE MULTIPLE PHASES OF THIS AREA, HAVE BEEN MASTER FOR BOTH UTILITIES AND STORMWATER, SO ALL THE STORM WATER MANAGEMENT SYSTEMS ALSO INTERCONNECT WITH EACH OTHER SO THAT I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

AND IF THERE ARE ANY PUBLIC COMMENTS, APPRECIATE A CHANCE TO RESPOND OR HAVE ANY QUESTION FOR MR. WEISS. THANK YOU, JAKE.

IT'S TIME TO OPEN THE PUBLIC HEARING, IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS APPLICATION OR OPPOSE? NO. NO BATON, 586 OCEAN SPRAY STREET, SOUTHWEST.

I JUST HAD ONE QUESTION SINCE I JUST REALIZED THAT IT'S GOING TO BE A GATED COMMUNITY AND GATED COMMUNITIES.

A CITY OF PALM BAY WAS NOT RESPONSIBLE FOR THE ROADS UNDER GATED COMMUNITY ACTIVITY, BUT I JUST SAW THAT STATEMENT THAT THE CITY MIGHT CONSIDER TAKING THEIR ROADS OVER IF.

THEY MET CERTAIN CRITERIA AND THEY WENT THROUGH THE PROCESS OF PROPOSING IT.

BUT BY THE FACT THAT THEY REMAIN A GATED COMMUNITY, THAT MEANS THOSE CITY ROADS ARE NOT OPEN TO THE PUBLIC.

SO I THINK THAT WE MIGHT WANT TO CONSIDER NOT ALLOWING THAT TO BE IN THERE.

IF YOU'RE GOING TO HAVE IT AS A GATED COMMUNITY, WHICH MAKES IT RESTRICTED TO ALL RESIDENTS OTHER THAN THOSE THAT LIVE THERE, THAT THEY SHOULD NOT BE ELIGIBLE FOR ANY OF THE ROAD BOND MONEY OR FUTURE PAVING OF THE CITY'S ROAD MAINTENANCE MONEY.

THANK YOU VERY MUCH. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK? I'LL CLOSE A PUBLIC HEARING, PATRICK OR CHRIS, DID YOU WANT TO RESPOND TO THAT? YEAH, I'LL RESPOND TO THAT.

SO IN MY STATEMENT, IN THE LAST CONDITION, IT STATES THAT THERE'S A PROCESS.

IF THE CITY WAS TO TAKE OVER THE ROADS THAT THE APPLICANT OR THE OWNER WOULD HAVE TO GO BEFORE THE CITY AND GO THROUGH ALL OF CHAPTER 182, SINCE THIS IS A PHASED PROJECT WITH MULTIPLE PHASES.

IF THEY WERE TO EVER REQUEST ANY OF THE ROADS MEANING IN PHASE ONE, PHASE TWO OR PHASE THREE. THAT'S WHY I INCLUDED THAT BECAUSE THERE ARE MULTIPLE PHASES.

IT WOULD HAVE TO GO THROUGH THAT PROCESS.

THEY'RE SLATED TO BE PRIVATE.

IT'S JUST ON THE RECORD THAT THEY WOULD HAVE TO GO THROUGH THAT PROCESS IF THEY EVER WANTED TO GO PUBLIC.

JUST TO CLARIFY TO ANY GATED COMMUNITY, ANY TIME IN THE FUTURE CAN ALWAYS ASK THE CITY TO TAKE OVER THE ROADS, AND THEY HAVE TO GO TO THE PROCESS TO DO THAT.

EVEN THOUGH WE'RE INTENDED RIGHT NOW TO BE PRIVATE AND MAINTAIN PRIVATE.

SO YOUR QUESTION, BILL. IT.

THIS BILL IN A CLOSED PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION A MOTION TO IMPROVE CASE FB FORTY SEVEN TWENTY TWENTY ONE.

BASED ON STAFF'S COMMENTS THAT ARE CONTAINED IN THE REPORT.

I CAN A MOTION FROM RICHARD, SECOND, FROM ANY FURTHER COMMENTS ON FAVOR, SAY I, I ALL OPPOSED THE MOTION CARRIES UNANIMOUSLY.

OUR NEXT CASE, PLEASE, PATRICK.

YES. NEXT CASE ON THE AGENDA IS KCPE 13, 20 21.

BACKGROUND PROPERTY IS LOCATED THE NORTHWEST INTERSECTION OF JUPITER BOULEVARD SOUTHEAST AND BREVARD AVENUE SOUTHEAST.

SPECIFICALLY, THE SUBJECT PROPERTY IS TAX PARCELS SEVEN FIFTY SEVEN FIFTY ONE AND TRACK K SECTION SIX TOWNSHIP TWENTY NINE SOUTH BRINGS THIRTY SEVEN EAST BREVARD COUNTY, FLORIDA.

THIS PROPERTY IS A FORMER GOLF COURSE, AN ASSOCIATED PARKING AREA.

THE THREE PARCELS TOTAL APPROXIMATELY TWENTY THREE POINT EIGHTY SIX ACRES OF LAND ON APRIL 1ST. TWENTY TWENTY ONE CITY COUNCIL VOTED TO DENY THE APPLICANT'S REQUEST TO CHANGE THE FUTURE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM SINGLE FAMILY, RESIDENTIAL USE, MULTIPLE FAMILY, RESIDENTIAL USE AND COMMERCIAL USE.

A COMPANION REZONING APPLICATION FROM RR RESIDENTIAL ARM 10 SINGLE TO A MULTIFAMILY RESIDENTIAL AND NC NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS WERE ALSO REVIEWED, ACCORDING TO THE CITY ATTORNEY.

SINCE L.A. AMENDMENT WAS DENIED, THE REZONING APPLICATION WAS RENDERED MOOT.

THE NAPKIN IS NOW REQUESTING THE SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT TO CHANGE THE ABOVE DESCRIBED PROPERTY FROM SINGLE FAMILY RESIDENTIAL USE TO THE MIXED USE FUTURE LAND USE CATEGORY.

A PROJECT SPECIFIC COMPANION REZONING APPLICATION TO THE PUDDY LAND UNIT DEVELOPMENT DISTRICT HAS ALSO BEEN SUBMITTED.

THE PRELIMINARY DEVELOPMENT PLAN IS PROVIDED VIA A CASE ISD FORTY EIGHT TWENTY TWENTY ONE. THE APPLICANT IS THE SAC CAPITAL GROUP LP ANALYSIS FOR CHAPTER ONE AND THREE COMPREHENSIVE PLAN REGULATIONS SECTION ONE OH THREE OH ONE BE PURPOSE AND 10 OF THE

[01:05:02]

FUTURE LAND USE ELEMENT COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOAL IF L YOU ONE IS TO ENSURE A HIGH QUALITY DIVERSIFIED LIVING ENVIRONMENT THROUGH THE EFFICIENT DISTRIBUTION OF COMPATIBLE LAND USES.

IF YOU CHOOSE TO PROVIDE FOR AND MAINTAIN VIABLE NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENT TO MEET EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF PALM BAY, LAND USE EIGHT IS TO PROVIDE A DIVERSE AND SELF-SUSTAINING PATTERN OF LAND USE, WHICH SUPPORT THE PRESENT AND FUTURE POPULATION OF THE CITY OF PALM BAY.

THE APPLICANT PROVIDED THE FOLLOWING STATEMENT OF JUSTIFICATION FOR COMPREHENSIVE PLAN MAP AMENDMENT. CURRENT LAND USE DOES NOT SUPPORT THE PROPOSED DEVELOPMENT.

IN ORDER TO BE CONSISTENT WITH THE PROPOSED DEVELOPMENT, IT IS NECESSARY TO CHANGE THE LAND USE THE MIXED USE FUTURE LAND USE CATEGORY AS WRITTEN IN SECTION FLOO ONE POINT ONE I IS AS FOLLOWS MIXED USE PERMITS A MIX OF ANY COMBINATION OF LAND USE CATEGORIES.

THE DESIGNATION ON THE FUTURE LAND USE MAP OF A MIXED USE CATEGORY.

I REQUIRE ADOPTION OF A SPECIFIC POLICY OR POLICIES.

IDENTIFYING THE SPECIFIC MIX OF USES ALLOWED THE MAXIMUM INTENSITY FOR ALL NONRESIDENTIAL USES AND THE MAXIMUM DENSITY FOR ALL RESIDENTIAL USES PERMITTED ON THE LAND AREA IDENTIFIED. ALL POLICIES ADOPTED TO IMPLEMENT THIS CATEGORY SHALL BE INCLUDED IN THE ADOPTED COMPREHENSIVE PLAN AND MAY ONLY BE MODIFIED BY FORMAL AMENDMENT OF THE PLAN.

THIS CATEGORY SHALL PERMIT BOTH A HORIZONTAL MIX OF USE CATEGORIES AND A VERTICAL MIX OF LAND USE CATEGORIES, AS SPECIFICALLY IDENTIFIED IN THE ADOPTED POLICY AND IMPLEMENTING ANY RECLASSIFICATION.

THE MAXIMUM RESIDENTIAL DENSITY REQUESTED CANNOT EXCEED 30 UNITS PER ACRE.

MAXIMUM FLOOR RATIO FOR NONRESIDENTIAL USES CANNOT EXCEED 2.0.

THE USE MIX MUST INCLUDE AT LEAST ONE NONRESIDENTIAL LAND USE CATEGORY OF EITHER COMMERCIAL OR INDUSTRIAL, ALONG WITH AT LEAST ONE OTHER LAND USE CATEGORY.

RESIDENTIAL USES ARE NOT REQUIRED TO BE INCLUDED IN A MIXED USE REQUEST.

A SPECIFIC MIX OF USES IDENTIFIED IN THE APPLICATION ARE ONE HUNDRED AND SEVENTY SIX LOTS FOR THE ATTACHED TOWN HOMES AND THREE COMMERCIAL LOTS.

THERE ARE NO OTHER DEVELOPMENT STANDARDS PROPOSED OR MAXIMUM DENSITY THRESHOLDS INDICATED. THEREFORE, THE SPECIFIC POLICY IF THE AMENDMENT IS APPROVED BY CITY COUNCIL, WOULD BE A MAXIMUM RESIDENTIAL DEVELOPMENT NOT TO EXCEED ONE HUNDRED AND SEVENTY SIX TOWNHOMES. INCREASE IN THIS NUMBER OR SITE PLAN REVISION TO APARTMENTS WOULD REQUIRE AN AMENDMENT TO THE APPROVING ORDINANCE FOR COMMERCIAL DEVELOPMENT.

THE PDP STATES THAT EACH OF THE THREE BUILDINGS WILL BE TEN THOUSAND SQUARE FEET.

THAT'S THE MAXIMUM COMMERCIAL DEVELOPMENT FOR THE SUBJECT.

PROPERTY WOULD BE THIRTY THOUSAND SQUARE FEET AT THE TIME OF FDP SUBMITTAL.

THE APPLICANT SHALL PROVIDE A DECLARATION ESTABLISHING THE TYPES OF COMMERCIAL USES.

ADJACENT LAND USES INCLUDE MILBURN TILLMAN, COUNCIL MEMBER, 49, TO THE NORTH JUPITER BOULEVARD, A MAJOR ROADWAY TO THE SOUTH.

THE WEST IS JUPITER ELEMENTARY IN SOUTHWEST MIDDLE SCHOOL, LOCATED TO THE EAST CROSS RIVER AVENUE. OUR SINGLE FAMILY HOMES, APPROXIMATELY 500 FEET WEST OF THE PROPERTY, ARE THREE SITES DEVELOPED UNDER THE NRSI ZONING DISTRICT.

TWO CONSERVATION ELEMENT ENVIRONMENTAL CARE TO THE CITY IS MAINTAINED THROUGH CONSERVATION, APPROPRIATE USE AND PROTECTION OF NATURAL RESOURCES.

MARSHALL IS NOT LOCATED WITH ANY OF THE FOUR DESCRIPTION:A POLYGON'S IDENTIFIED IN THE CITY'S HABITAT CONSERVATION PLAN.

THE ADDITIONAL LISTED SPECIES ARE KNOWN TO INHABIT THE SUBJECT PROPERTY.

HOWEVER, ANY LISTED SPECIES IDENTIFIED IN THE SUBJECT PARTIAL WOULD NEED TO BE MITIGATED FOR AS REQUIRED BY STATE AND FEDERAL REGULATIONS, IN PART COMPREHENSIVE PLAN POLICY SEAL AND ONE POINT SEVEN B.

THIS WILL BE VETTED THROUGH THE ADMINISTRATIVE TYPEKIT REVIEW PROCESS.

COASTAL MANAGEMENT PROPERTY IS NOT LOCATED IN THE COASTAL HIGH HAZARD AREA.

HOUSING ELEMENT, THOSE MIXED USE FLUE AMENDMENT DOES NOT ADVERSELY IMPACT THE SUPPLY AND VARIETY OF SAFE, DECENT, ATTRACTIVE AND AFFORDABLE HOUSING WITHIN THE CITY.

THE AMENDMENT WILL ALLOW THE SITE TO BE USED FOR ADDITIONAL HOUSING AND ALLOW FOR A TYPE OF HOUSING THAT IS NEEDED THROUGHOUT PALM BAY.

THE ALLOWANCE OF COMMERCIAL USES WITHIN THE MU FLUE CATEGORY HAS NO EFFECT ON THE HOUSING ELEMENT INFRASTRUCTURE.

IT EVALUATES PRESENT AND FUTURE WATER, SEWER DRAINAGE AND SOLID WASTE, AND ASSESSES THE ABILITY OF INFRASTRUCTURE NEEDED TO SUPPORT DEVELOPMENT UTILITIES.

THE FLU AMENDMENT WILL NOT CAUSE A LITTLE SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE COMPREHENSIVE PLAN FOR THESE SERVICES FOR THE CURRENT PLANNING PERIOD.

THE POLICE DEPARTMENT HAS NO OBJECTION TO THE AMENDMENT AND HAS RESERVED THEIR COMMENTS FOR SITE SPECIFIC DESIGN PROPOSED IN PD.

FORTY EIGHT TWENTY TWENTY ONE DRAINAGE.

ANY DEVELOPMENT OF THE SITE SHALL MEET ALL CRITERIA OF THE CITY'S STORMWATER MANAGEMENT ORDINANCE AND ALL CRITERIA OF RULE.

SIXTY TWO DASH THREE 30 OF THE FLORIDA ADMINISTRATIVE CODE.

COMPLIANCE WITH THESE PROVISIONS WILL BE REVIEWED IN FORCE DURING THE ADMINISTRATIVE REVIEW PROCESS. SOLID WASTE SOLID WASTE COLLECTION IS PROVIDED TO THE AREA BY REPUBLIC SERVICES. SUFFICIENT CAPACITY EXISTS WITHIN OUR COUNTY LANDFILLS TO SERVICE THE PROPERTY.

THE GOVERNMENTAL COORDINATION ELEMENT, PUBLIC SCHOOLS.

THE APPLICANT RECEIVED A CAPACITY DETERMINATION FOR ONE HUNDRED AND SEVENTY SIX RESIDENTIAL UNITS UPON SUBMISSION OF THE PREVIOUS AMENDMENT APPLICATION CD LETTER STATED THERE ARE SUFFICIENT CAPACITY IN THE ADJACENT CONCURRENCY SERVICE AREAS TO ACCOMMODATE THIS NUMBER OF UNITS.

THEREFORE, NEW CAPACITY DETERMINATION IS NOT WARRANTED.

HOWEVER, A SCHOOL CAPACITY TERMINATION LETTER WILL BE REQUIRED FOR FINAL ADOPTION OF THE

[01:10:02]

THE MIXED USE FEATURE LANE SCATTERING DOES NOT HAVE DOES HAVE MORE OF A DEMAND, 'SCUSE ME, UPON THE PARKS AND RECREATION OF THE LITTLE SERVICE STANDARDS THAN SINGLE-FAMILY RESIDENTIAL USE, AS THERE ARE POTENTIAL INCREASE IN RESIDENTIAL UNITS.

HOWEVER, THIS ELEMENT SETS A LEVEL OF SERVICE STANDARD OF TWO ACRES PER 1000 RESIDENTS.

CITY MAINTAINS PUBLIC OWNERSHIP OF PARK DISNEYLAND'S AT FAR EXCEED.

THIS REQUIREMENT FOR THE DENSITY INCREASE WOULD HAVE A DE MINIMIS EFFECT ON THE RECREATION LEVEL SERVICE.

THE ALLOWANCE OF COMMERCIAL AREAS WITHIN THE MIXED USE FLU CATEGORY HAS NO EFFECT ON THE RECREATION AND OPEN SPACE ELEMENT.

TRANSPORTATION ELEMENT, THE OBJECTIVES OF THE TRANSPORTATION ELEMENT TO PROVIDE A SELF BALANCED, EFFICIENT TRANSPORTATION SYSTEM THAT MAINTAINS ROADWAY LEVEL SERVICE AND ADEQUATELY SERVES THE NEEDS OF THE COMMUNITY, THE ADJACENT ROADWAY SEGMENTS MUST MEET A LEVEL SERVICE SEE FOR THE CITY'S ADOPTED COMPREHENSIVE PLAN.

THE LATEST FDOT 2020 QUALITY AND LEVEL OF SERVICE HANDBOOK WITH THE GENERALIZED ANNUAL AVERAGE DAILY VOLUME URBANIZED AREAS WILL BE USED FOR THE ANALYSIS.

ANY DEFICIENT LEVEL SERVICE SEGMENTS SHALL REQUIRE THE PROJECT TO PAY THEIR PROPORTIONATE, FAIR SHARE COST TO BRING THE ROADWAY SEGMENT TO LEVEL SERVICE C OR BETTER.

AT THE TIME OF SITE DEVELOPMENT, A TRAFFIC IMPACT ANALYSIS WILL BE REQUIRED.

PROPERTY RIGHTS ELEMENT, THE GOAL OF THE COMPREHENSIVE PLANS, PROPERTY RIGHTS FOR THE CITY TO RESPECT, JUDICIALLY ACKNOWLEDGED AND CONSTITUTIONALLY PROTECTED PRIVATE PROPERTY RIGHTS. THIS PROPOSED LAND USE CHANGE DOES NOT APPEAR TO INFRINGE UPON THE PROPERTY RIGHTS OF THE APPLICANT HAVE CONCLUSION.

THE ANALYSIS CONTAINED IN THIS REPORT SHOULD PROVIDE THE PLANNING AND ZONING BOARD AND CITY COUNCIL WITH INFORMATION TO DETERMINE JUSTIFICATION FOR THE CHANGE AND THE RELATIONSHIP OF THE PROPOSED AMENDMENT TO FURTHERING THE PURPOSES OF THE COMPREHENSIVE PLAN CONDITIONS.

SHOULD THE PLANNING AND ZONING BOARD AND CITY COUNCIL APPROVED CPP 13, TWENTY ONE STAFF RECOMMENDS THE FOLLOWING ITEMS TO BE CONDITIONS OF THAT APPROVAL.

AT THE TIME, A DEVELOPMENT PLAN SUBMITTAL THE PROPERTY OWNER SHALL SUBMIT A TRAFFIC IMPACT ANALYSIS AND PHASE ONE ENVIRONMENTAL STUDY.

MAXIMUM DENSITY SHALL BE ONE HUNDRED AND SEVENTY SIX RESIDENTIAL UNITS.

MAXIMUM COMMERCIAL DEVELOPMENT SHALL BE 30000 SQUARE FEET, AND AT THE TIME OF DEVELOPMENT, PLANS TO MIDDLE THEIR PROPERTY, OWNERS SHALL SUBMIT A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THAT IDENTIFIES THE DEVELOPMENT STANDARDS.

WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

THE APPLICANTS REPRESENTATIVES ARE IN ATTENDANCE.

BOARD HAVE ANY QUESTIONS FOR STAFF.

THANK YOU, PATRICK. WELL, THE APPLICANT'S REPRESENTATIVE, PLEASE COME TO THE PODIUM.

AND GOOD EVENING, CHAIRMAN MEMBERS OF THE PLANNING AND ZONING BOARD, MY NAME IS KIM ROSENKER. I'M WITH THE LAW FIRM OF LACEY LANE, PRESENCA IN ROCKLAND, FLORIDA.

HERE WITH ME ALSO IS THE ENGINEER OF RECORD AND BV, WITH BOTH DAVID BASFORD AND BRUCE MOYA HERE TO ANSWER ANY TECHNICAL QUESTIONS.

YOU MAY RECALL THIS SITE COMING BEFORE YOU LAST MARCH.

IT WAS A DIFFERENT PROCEDURAL MECHANISM TO DO IT BACK THEN.

I THINK YOU'RE ALL VERY FAMILIAR WITH THIS, BUT I DO WANT TO GIVE YOU A COLOR RENDERING OF WHAT THE SITE WILL LOOK LIKE AND SOME INFORMATION ABOUT THE SITE.

AND AS YOU'RE AWARE, THIS SITE IS ON JUPITER BOULEVARD.

IT'S TWENTY THREE POINT EIGHTY SIX ACRES.

IT IS INTENDED BY THE OWNERS OF SACHS CAPITAL GROUP AND IDENTICAL INVESTMENTS LLC TO TURN THIS INTO A MIXED USE PROJECT WITH TOWNHOMES IN THE RESIDENTIAL AREA AND COMMERCIAL THERE TO THE WEST.

THE COMP PLANT AMENDMENT IS FOR MIXED USE FROM SINGLE FAMILY.

THIS IS AN OLD GOLF COURSE, AS I'M SURE YOU'RE FAMILIAR WITH THE SECOND PAGE I PROVIDED TO YOU. THIS WAS OPENED IN NINETEEN EIGHTY SIX.

IT WAS OPEN FROM THE APP OPERATION HOURS, OR SEVEN A.M.

TO 11 P.M.

IT WAS A LIGHTED GOLF COURSE HAD BEEN THERE UNTIL IT CLOSED IN OCTOBER OF TWENTY NINETEEN. IT HAD A CLUBHOUSE THAT SERVED BEER AND FOOD AND A DRIVING RANGE, AS WELL AS THE NINE HOLES. IT IS NEXT TO TURNER ELEMENTARY AND HERITABLE.

IT'S NEXT TO ACTUALLY, I BELIEVE IT WAS JUST DRIVING THERE.

I'M NOT FAMILIAR WITH THEIR SCHOOLS THAT MUCH, BUT TURNER AND HERITAGE ARE RIGHT THERE

[01:15:01]

SO I GAVE THAT TO YOU TO SHOW WHERE I'M GETTING MY PEAK HOURS FROM, AND I KNOW YOU DO THIS IN TWO DIFFERENT PROCESSES FIRST THE MIXED USE AND THEN THE REZONING.

BUT THEY DO GO HAND IN HAND BECAUSE THE MIXED USE IS TO ALLOW FOR BOTH COMMERCIAL AND RESIDENTIAL, AND THIS SHOWS HOW THE LAYOUT WILL BE IN RELATION TO THE OTHER HOMES.

ALTHOUGH THIS IS ZONED RR, IT'S NOT REALLY RR.

IT'S IN THE MIDDLE OF OF SINGLE FAMILY HOMES OF A VARIETY OF DIFFERENT SIZES, AGES AND AND DIFFERENT TIMES OF DEVELOPMENT.

THE MIXED USE WILL BE COMPOSED OF ONE HUNDRED AND TWENTY SIX TOWN HOMES AND THREE COMMERCIAL LOTS.

EACH OF THE TOWN HOMES WILL BE 4500 SQUARE FEET AND ABOVE THEY WILL BE PLANTED.

THEY WILL BE PRIVATELY OWNED.

THEY'RE GOING TO BE SOLD. THEY'RE NOT GOING TO BE RENTAL UNITS.

THERE HAS BEEN A PRELIMINARY ANALYSIS BY KIMBERLY HORNE OF THE TRAFFIC, AND THAT PRELIMINARY ANALYSIS SAYS PEAK HOURS IN THE MORNING BETWEEN SEVEN AND NINE WILL BE EIGHTY ONE. THAT'S FIFTY FOUR TRIPS OUT OF THIS DEVELOPMENT AND TWENTY SEVEN TRIPS IN.

SO IN TWO HOURS DURING THAT TIME FRAME FOR SCHOOLS WILL ONLY BE FIFTY FOUR COMING.

YEAH, COMING INTO INTO THAT JUPITER BOULEVARD AND THEN THE PEAK HOURS IN THE EVENING ARE FROM FOUR TO SIX, WHICH REALLY SHOULDN'T IMPACT THE SCHOOLS, POSSIBLY THE MIDDLE SCHOOL, BUT THERE'S ONLY GOING TO BE ONE HUNDRED AND SIXTY NINE TRIPS DURING THAT TWO HOURS, AND IT'S 81 TRIPS OUT AND 88 TRIPS IN.

SO AGAIN, WITH THE TURNER ELEMENTARY PEAK HOURS BETWEEN SEVEN 7:15 AND EIGHT 15, THERE MAY BE 30 MORE TRIPS ON THAT ROAD.

AND SOUTHWEST IS 8:30 TO 9:30, AND THAT'S ABOUT THE SAME AMOUNT.

SO IT'S NOT AS GREAT A TRAFFIC IMPACT AS YOU WOULD IMAGINE TO AFFECT THE SCHOOLS.

FROM THE MIXED USE DOES ALLOW FOR BOTH OF THESE USES PURSUANT TO THE FUTURE LAND USE ELEMENT THAT WAS IN YOUR REPORT.

FUTURE LAND USE DOES WANT A DIVERSE PATTERN OF LAND USES AND TOWNHOMES PROVIDE A VARIETY THAT'S NOT IN THIS AREA AND WOULD ALLOW FOR PEOPLE TO COME IN HERE THAT DON'T WANT TO REALLY MOW THEIR GRASS OR TO HAVE A LARGER HOUSE OR A LARGER LOT.

EVEN THEN, A LOT OF THE HOUSES IN THE AREA ONLY SUDDENLY 500 SQUARE FEET OF LAND.

SOME OF THOSE HOUSES GO BACK INTO THE EARLY EIGHTIES, AND THE SIZES OF THE HOUSES IN THE AREA RANGE ANYWHERE FROM NINE HUNDRED SQUARE FEET TO SIXTEEN HUNDRED SQUARE FEET.

SOME ARE LARGER. SOME OF THE NEWER HOUSES ARE LARGER, BUT THERE'S A MIXED VARIETY IN THIS AREA OF HOMES.

AND WE DID HAVE A CITIZEN'S PARTICIPATION MEETING ON OCTOBER 12TH.

IT HAS BEEN PROVIDED TO STAFF.

THIRTEEN PEOPLE SHOWED UP.

BRUCE MOIR HOSTED IT.

IT WAS AT THE FRANKLIN D GROUP PUBLIC LIBRARY AND THE CONCERNS WERE TRAFFIC.

WHETHER THE PROPERTY WOULD BE SALES OR RENTALS, THEY WILL BE SOLD, WHETHER THERE BE A VEGETATIVE BUFFER ALONG THE PERIMETER OF THE PROJECT.

AND YES, THERE WILL BE A BUFFER ON THE NORTH AND THE EAST SIDE.

AND A RESIDENT OR MORE REQUESTED AN EIGHT FOOT FENCE ALONG THE EAST SIDE OF THE PROPERTY LINE, AND THE DEVELOPER HAS AGREED TO PUT AN EIGHT FOOT FENCE AND THAT WOULD BE AS A CONDITION OF THE PWD, I WOULD IMAGINE.

SO YOU CAN TELL THAT THE THE MIXED USE ZONE, A FUTURE L.A.

WILL ALLOW THIS. MIXED USE WILL ALLOW FOR 25 PERCENT OPEN SPACE, SO IT WILL BE A NICE DEVELOPMENT. IT WILL HAVE A GREAT GREEN BUFFERS AND IT WILL ALLOW ADDITIONAL COMMERCIAL DEVELOPMENT IN THE COMMUNITY AS WELL.

I BELIEVE THAT COVERS EVERYTHING I HAD FOR THE MIXED USE, IF THERE'S ANY QUESTIONS OR IF THERE'S ANY TECHNICAL QUESTIONS ABOUT THE CONCURRENCY, THE ENGINEERS ARE HERE TO ANSWER THAT. A SUPPORT HAVE ANY QUESTION FROM MS. PRESENT TO. BUT IT'S JUST A QUESTION OF JUST FEELING YOUR MAP.

AND THIS IS PROBABLY A QUESTION FOR MR MOYLE.

IT'S IT'S IT LOOKS ONE WAY IN AND ONE WAY OUT.

SO EVERYTHING IS COMING BACK INTO THE COLLECTIVE ROAD ON JUPITER.

YES, THAT IS THAT IS ONE WAY OUT.

I DON'T BELIEVE THE SIDE ROAD THERE, BOVARD AVENUE, HASN'T BEEN ACCESSED, AND I DON'T KNOW THAT YOU WOULD WANT IT TO.

THAT SEEMS LIKE A RESIDENTIAL STREET.

[01:20:10]

HAD A QUESTION I WAS JUST GOING TO ASK, WAS THERE ANYTHING ELSE I KNOW TRAFFIC WAS AN ISSUE IN TERMS OF FROM THE RESIDENTS? WAS THERE ANYTHING ELSE THAT YOU WEREN'T AGREEING WITH THAT THEY WERE REQUESTED? THEY JUST WANTED TO KNOW ABOUT WHETHER IT'D BE THEY'D BE OWNED, WHETHER THERE BEING A BUFFER AND WHETHER IT BE A FENCE.

SO IT WAS IT WAS BUFFERING AND TRAFFIC WAS KIND OF THERE, OK? AND OBVIOUSLY, LIGHTING WOULD BE AN ISSUE, BUT THAT WOULD ALL BE DONE AT THE SITE.

PLAN STAGE AND LIGHTING WOULD HAVE TO BE CONTAINED WITHIN SIGHT AND NOT IMPACT ANYONE ELSE. ANY OTHER QUESTIONS? JUST THIS MAY. THIS MAY BE A QUESTION FOR STAFF.

UM. THE MAJOR DIFFERENCE, THEN, BETWEEN THE FIRST APPLICATION AND THIS APPLICATION.

IS IT THE SAME AMOUNT OF A RESIDENCE PRESIDENTIAL THAT WAS.

HI, BRUCE MOYE WITH MBB ENGINEERING.

IF YOU RECALL, I WAS THE ONE THAT PRESENTED TO THIS BOARD WHEN WE ACTUALLY GOT APPROVAL FOR THIS AND WE WERE GOING WITH STRAIGHT ZONING.

SO AT THAT TIME, WE DIDN'T HAVE A PLAN.

AND WHEN WE GOT TO CITY COUNCIL, THAT WAS ONE THING THAT LEFT THEM A LITTLE UNEASY IS THAT WE COULD HAVE ASKED FOR THE ZONING, TOLD YOU THAT WE WERE GOING TO DO TOWNHOUSES AND SELL THEM, GET THE ZONING AND THEN TURN AROUND AND MAKE MULTIFAMILY APARTMENTS.

SO NOW WHAT WE'RE DOING IS WE'RE TELLING YOU EXACTLY WHAT WE'RE GOING TO DO AND GIVING YOU A PLAN. SO WE CAN'T DO THE OLD SWITCHEROO.

IT'S GOING TO BE EXACTLY WHAT WE'RE SHOWING YOU ON THAT PLAN.

QUESTIONS. THANK YOU, BRUCE, AT THIS TIME, I'LL OPEN THE PUBLIC HEARING, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS PROJECT? AND WHEN WE SPEAK OPPOSED.

YOU'RE.

HI, MY NAME IS SCOTT WILDER, SOUZA, THE 5:18 HATCHER STREET, JUST AROUND THE CORNER FROM THIS PROPERTY, LESS THAN 500 FEET FROM ALL OF IT.

I ACTUALLY REALLY THINK THIS IS A BENEFIT TO THIS AREA.

HUGE BENEFIT.

ONE REASON IS BECAUSE YOU'RE BRINGING IN SEWER LINE TO ALL OF THAT AREA, WHICH EXTENDS IT EVEN FURTHER AND MAKES IT EASIER TO EVENTUALLY GET THAT INTO THE REST OF OUR COMMUNITIES AROUND THE AREA. SO AND I AM A REALTOR.

I DO THIS FOR A LIVING, AND I'M SURE THAT SOME OF YOU UP THERE, YOU KNOW, DEAL WITH IT REGULARLY. THE SEPTIC SYSTEMS HERE SUCK.

YOU KNOW, THIS IS GETTING TO BE A LITTLE RIDICULOUS.

YOU'RE GOING TO PUT IN A $25000 SYSTEM BECAUSE I LIVE OUT OF A CANAL.

THIS IS GOING TO MAKE IT A LOT EASIER FOR ME TO GAIN ACCESS TO THAT, THAT SEWER LINE.

RIGHT? OK. DID YOU FILL OUT A COMMONS CARD, SIR? NOT YET. IF YOU WOULD TAKE BACK TO YOUR SEAT JUST TO LEAVE IT AT THE PODIUM WHEN YOU BEFORE YOU LEAVE. THERE ANYONE ELSE IN THE AUDIENCE WHO WISH TO SPEAK BILL? GILBERT AND FIVE EIGHTY SIX OCEAN SPRAY STREET, SOUTHWEST.

I HEAR THE COMMENT.

IT'S NOT IT'S CURRENTLY ZONED RURAL RESIDENTIAL, I HEAR THE COMMENT WELL THAT WE DON'T WANT THE RURAL RESIDENTIAL THERE.

CITY OF PALM BAY ONLY HAS TWO PERCENT RURAL RESIDENTIAL LAND LEFT IN THE ENTIRE CITY PERIMETER, JUST TWO PERCENT, THAT'S ALL THAT'S LEFT OF ANY PLACE WHERE AN INDIVIDUAL, IF THEY WANT TO, BECAUSE RURAL RESIDENTIAL RR IS ONE HOUSE OR FIVE ACRES.

ONE HOUSE PER ACRE.

I BET ONE HOUSE PER ACRE IF YOU'RE ZONED RR.

SO THIS IS GOING TO TAKE AWAY ONE OF THOSE FEW CAPABILITIES OUT OF THE ONLY TWO PERCENT OF LAND THAT WE HAVE LEFT IN THE CITY, THAT'S ZONED RR, WHERE IF AN INDIVIDUAL MOVES INTO THE CITY OF PALM BAY AND THEY WANT TO HAVE A LITTLE BIT MORE THAN A SMALL TOWNHOUSE OR CRACKERJACK BOX HOUSE FIVE FEET APART FROM THE NEXT DOOR NEIGHBOR, THIS IS ONE OF THE FEW PLACES LEFT WHERE THEY'LL BE ABLE TO DO THAT.

AND THESE DEVELOPERS CAN STILL BUILD ON THAT LAND BECAUSE IT IS RESIDENTIAL BUILDING CAPABILITY. ITEM NUMBER TWO THE VOTE IN APRIL, WHICH WAS SHOT DOWN, SAYS, HAS TO HAVE A MAJOR CHANGE. THE ONLY CHANGE IS NOW THEY'VE TOLD US WHAT THEY'RE GOING TO DO.

SO THE SAME PLAN THAT WAS IN APRIL IS NOW WHAT'S BEING PRESENTED NOW.

WHAT SHOULD BE ONE YEAR? WAIT. UNDER CITY ORDINANCE, BECAUSE A PLAN CAME IN AND IT WAS SHOT DOWN UNDER CODE.

THAT MEANS IT'S A ONE YEAR WAIT PERIOD.

[01:25:01]

YOU LITERALLY HAVE TO CROSS A DOUBLE YELLOW LINE IN ORDER TO GET AROUND TRAFFIC, SOMETIMES IN THAT AREA.

I DON'T CARE IF IT'S ONLY FOR PEAK HOURS WHEN I HAVE TO CROSS A DOUBLE YELLOW LINE AND COME INTO AND HOPEFULLY ONCOMING TRAFFIC IS GOING TO LET ME THROUGH.

THAT'S A SAFETY HAZARD, SO THEY DON'T MEET THAT CRITERIA.

AND THEN IF YOU ADD A BUSINESS IN THERE ALONG THAT SAME FRONTAGE, IT ADDS ONE MORE COMPLICATION TO THE WHOLE SCENARIO.

I'M NOT SAYING DEVELOPERS THEY OWN THE LAND.

THEY SHOULDN'T HAVE THE RIGHT NOT TO DEVELOP.

I'M SAYING THEY SHOULD, BUT TRY TO KEEP RURAL RESIDENTIAL AND TRY TO KEEP BUSINESS IN A MANNER THAT WILL BE BENEFICIAL TO THE CITY.

THAT BEING SAID, THANK YOU VERY MUCH.

THANK YOU, BILL, IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK? YOU KNOW, AT THIS POINT, I'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR MOTION FIRST BEFORE WE DO THAT.

DID YOU WANT TO RESPOND TO BILL'S COMMENTS? YES, THANK YOU, I JUST PULLED THIS UP.

OUR SITES IN THE MIDDLE OF THE SCREEN DOESN'T LOOK VERY RURAL TO ME.

SO IT SEEMS LIKE RURAL WOULD BE VERY INCOMPATIBLE.

AND YOU KNOW, BEING THE JUPITER IS A MAJOR COLLECTOR IN THE AREA, HAVING COMMERCIAL IS IS COMPLETELY TYPICAL OF THAT TYPE OF USE.

SO AND AND YOU KNOW, THE SCHOOL TRAFFIC, IT'S AN EXISTING ISSUE AND WE'RE GOING TO ADDRESS IT AS BEST WE CAN WHEN WE DO THE DEVELOPMENT OF THIS PROJECT.

SO THAT'S ALL I HAD TO OFFER.

SO THANK YOU. THANK YOU, BRUCE.

AT THIS POINT, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION. IMPROVE COP 13, 20 STEP.

SECOND MOTION FROM LEADERS, SECOND FROM KAY.

ANY FURTHER DISCUSSION? HMM. OH, YOU KNOW, RICHARD, GET A CURVE.

THIS WOULD BE HELPFUL.

OK, SECOND BY RICHARD.

ANY FURTHER COMMENTS OR QUESTIONS? I WOULD JUST. I WOULD REALLY AGREE THAT THERE'S SOMETHING THAT NEEDS TO COME THERE.

I MEAN, IT'S BEEN IT'S BEEN VACANT FOR A WHILE, SO IT'S TIME FOR SOMETHING TO BE DEVELOPED THERE. I JUST DON'T THINK THAT MORE RESIDENTIAL, IN MY OPINION, IS NOT REALLY NOT NECESSARILY THE TOTAL SOLUTION, ESPECIALLY ONE WAY IN AND ONE WAY OUT BACK INTO A BUSY COLLECTIVE ROAD.

UM. BE HONEST WITH ME, THIS IS THIS IS A DIFFICULT ONE, BECAUSE IT'S IT'S.

EAT IT, BUT IT JUST DOESN'T SEEMS LIKE IT'S THE RIGHT PROJECT FOR OR THIS TYPE OF ZONING.

THAT WAS THE ONLY COMMENT. YOU HAD SOMETHING TO.

YEAH, I JUST I JUST THOUGHT WE'D GO TO WHAT MR BATTEN SAID REGARD TO BRINGING THE THIS ITEM BACK. ARE YOU FAMILIAR WITH THAT? NOW THAT WE'RE SUPPOSED TO WAIT A YEAR.

ARE YOU FAMILIAR WITH THAT? IS THERE ANY TRUTH? SO FOR A REQUEST THAT IS DENIED? YOU CANNOT BRING THE SAME REQUEST BACK WITHIN 12 MONTHS.

THIS WAS RULED BY THE MANAGING DIRECTOR THAT THIS IS A DIFFERENT VENUE.

IT'S A DIFFERENT ZONING.

AND NOW THIS IS A SITE SPECIFIC PLAN THAT DIDN'T HAVE BEFORE.

AND HE MADE THE RULING THAT THIS IS NOT THE SAME REQUEST FROM BEFORE AND DID NOT NEED TO WAIT THE 12 MONTHS. THE OTHER COMMENTS.

ANY OTHER COMMENTS, I WILL SAY THIS.

MY CONCERN WITH THIS PROJECT WOULD BE THE TRAFFIC, BUT THAT'S GOING TO HAVE TO BE ADDRESSED, FRANKLY. AND AS A REAL ESTATE APPRAISER, I SPENT 40 YEARS AS A REAL ESTATE APPRAISER. NO ONE IS GOING TO BUILD RURAL RESIDENTIAL ON THIS PARTICULAR PROPERTY, NOT WHERE IT IS, NOT IN THIS LOCATION.

ALSO, CITY OF PALM BAY FRANKLY NEEDS MORE OF THIS TYPE OF HOUSING, NEEDS MORE TOWNHOUSES BECAUSE EVERYONE KNOWS THE PRICES OF HOMES HAVE SKYROCKETED.

TEN HOMES ARE MORE AFFORDABLE.

A LOT OF PEOPLE WANT TO BUY A PROPERTY THAT DOESN'T REQUIRE A LOT OF LAND AND REQUIRE A LOT OF MAINTENANCE. SO, AND YOU KNOW, I WILL GO AHEAD AND APPROVE THIS.

AND IF YOU WOULD, THE MOTION MAKER, IF HE WOULD AMEND YOUR MOTION TO INCLUDE THE ADDITIONAL COMMENTS BY BY MS. PRESENT AS FAR AS THE ADDITIONAL BUFFER AND ON THE NORTH AND THE EAST AND THE AND THE EIGHT FOOT FENCE. YOU A LEADER? GO AHEAD AND READ THAT MOTION.

WE NEED A SECOND, PLEASE.

SECOND, SECOND FROM RICHARD.

ANY FURTHER COMMENTS? ALL IN FAVOR SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY.

[01:30:05]

OK, THANK YOU. OUR NEXT CASE IS A COMPANION CASE, PATRICK.

YES. UM, THIS REQUEST IS FOR PRELIMINARY DEVELOPMENT PLAN APPROVAL TO APPLY THE PLANNING AND DEVELOPMENT ZONING CATEGORY TO THE PROPERTY AND TO APPROVE THE PROJECT FROM A PRELIMINARY STANDPOINT, THEY WOULD STILL NEED TO COME BACK FOR FINAL.

SKIP STRAIGHT TO THE ANALYSIS SINCE THE BACKGROUND IS THE SAME THE SPECIFICALLY THE DEVELOPMENT PLAN C ONE C THREE THREE PROPOSED ONE HUNDRED AND SEVENTY SIX TOWNHOME UNITS AND THREE COMMERCIAL BUILDINGS, EACH CONTAINING 10000 SQUARE FEET OF AREA, ACCORDING TO THE EXHIBIT, THERE ARE 22 BUILDINGS CONTAINING EIGHT TOWNHOMES EACH.

THE BUILDINGS ARE BEING PLACED ALONG AN INTERNALLY LOOP ROADWAY TO FACE EACH OTHER IN A SLIGHTLY OFFSET PATTERN.

LINEAR RETENTION ZONE HAS BEEN DESIGNED WITHIN THE CENTER OF THE PROPERTY RUNNING IN A NORTH-SOUTH FASHION.

ADDITIONAL STORMWATER PONDS ARE PLACED IN THE NORTHERN AREA OF THE SITE.

ALL STORMWATER RUNOFF FROM THE COMMERCIAL DEVELOPMENT WILL BE PIPED TO THE CENTRAL POND.

DISCHARGE FROM THE SYSTEM IS DIRECTED TO MELBOURNE TILLMANN CANAL NUMBER 49, WHICH RUNS ALONG THE NORTHERN BOUNDARY OF THE PROJECT.

PRIOR TO COMMERCIAL, PRIOR TO COMMENCEMENT OF CONSTRUCTION, THE DESIGN SHALL BE APPROVED BY BOTH THE CITY AND ST.

JOHNS RIVER WATER MANAGEMENT DISTRICT.

INTERNAL RAILWAY PROPOSES TWENTY FOUR FEET OF TRAVERSABLE PAVEMENT BETWEEN THE ABUTTING DRIVEWAYS OF THE TOWNHOME BUILDINGS.

THE ROADWAY SHALL REMAIN PRIVATE AND BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION.

AT THE TIME OF FDP SUBMITTAL, A TRAFFIC STUDY WILL BE REQUIRED IN ADDITION TO POSSIBLE INTERSECTION IMPROVEMENTS AND IN PROJECT LANES.

THE STUDY SHALL EXAMINE THE INTERACTION OF ITS PROPOSED DRIVEWAYS WITH THE CURRENT TRAFFIC PATTERNS. THE APPLICANT IS REQUIRED TO DESIGN WATER AND SEWER SYSTEMS OF ADEQUATE SIZE TO ACCOMMODATE THE DEVELOPMENT AND CONNECT TO THE CITY'S WATER AND SEWERAGE SYSTEM.

THIS DESIGN SHALL BE PROVIDED UPON ENGINEER CONSTRUCTION DRAWINGS AND SUBMITTED WITH THE FDP. THE APPLICANT MAY BE REQUIRED TO EXTEND OR LOOP SERVICE FROM THE EXISTING WATER AND SEWER CONNECTION POINTS.

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

SECTION ONE EIGHTY FIVE POINT SIXTY FIVE OF THE CITY'S CODE OF ORDINANCES REQUIRES A PLANNING DEVELOPMENT TO PERMANENTLY SET ASIDE AND DESIGNATE ON THE SITE PLAN RECREATIONAL AND OR OPEN SPACE FOR USE BY THE RESIDENTS OF THE PDE, EQUALING TWENTY FIVE PERCENT OF THE PROJECT SITE ACREAGE AT TWENTY THREE POINT EIGHTY SIX ACRES, THIS MINIMUM SET ASIDE SHALL BE FIVE POINT NINETY SEVEN ACRES.

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

I'M 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 PD.

PDP PROPOSES A CLUBHOUSE AND POOL AT THE ENTRANCE TO THE RESIDENTIAL DEVELOPMENT GAZEBO AT EITHER END OF THE MAIN STREAM.

WARNER POND AND A WALKING TRAIL THAT WILL ENCIRCLE UPON THE PDP PROVIDES A BREAKDOWN STATING THAT THE MINIMUM SET ASIDE HAS BEEN MET.

HOWEVER, THIS WILL NEED TO BE FURTHER VETTED WITH THE FDP SUBMITTAL TO ENSURE THE MINIMUM CODE REQUIREMENTS IN THE INTENT ARE SATISFIED.

THE APPLICANT SHALL EXPLORE THE DESIGN OF THE SITE LIGHTING THROUGHOUT THE PROJECT, BOTH WITHIN THE ROADWAY, AND FOR PEDESTRIAN LIGHTING ALONG THE PATHWAY THAT ENCIRCLES THE POND. DURING THE PLAN REVIEW PROCESS, A TREE SURVEY IDENTIFYING ALL SPECIMEN TREES SHALL BE PROVIDED TO DETERMINE THE EXACT LOCATION AND TYPE FOR POSSIBLE PRESERVATION.

LASTLY, STAFF RECOMMENDS RECOMMENDS ACCESS TO BE PROVIDED FROM THIS PROJECT TO THE LANDLOCKED PROPERTY, WHICH IS PARTIAL ID.

TWENTY NINE THIRTY SEVEN 06 ZERO ZERO SEVEN FIVE TWO.

CONDITIONS TO RECEIVE PDP APPROVAL.

THE PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION ONE EIGHTY FIVE POINT SIXTY SIX THE CITY OF HOMS CODE OF ORDINANCE ON REVIEW.

IT APPEARS THAT THE QUESTION IS IN CONFORMANCE WITH THE POLITICAL REQUIREMENTS OF THIS SECTION. SUBJECT TO THE FOLLOWING ITEMS BEING SUBMITTED WITH A FINAL APPLICATION A PRELIMINARY SUBDIVISION, PLAT AND OPINION OF TITLE DECLARATION OF COVENANTS RESTRICTIONS ESTABLISHING DEVELOPMENT STANDARDS CONSTRUCTION DRAWINGS A CONCURRENCY DETERMINATION LETTER FROM THE SCHOOL BOARD OF BREVARD COUNTY.

SUBMISSION OF AN ENDANGERED SPECIES ASSESSMENT.

IDENTIFICATION OF LIGHTING WITHIN THE NEIGHBORHOOD.

RIGHT. ACCESS FOR PARTIAL 7:52.

AND COMPLIANCE WITH THE CONDITIONS OF CP 13.

TWENTY TWENTY ONE. LASTLY, STAFF TECHNICAL COMMENTS ARE ATTACHED TO THIS REPORT AND SHALL BE INCORPORATED. STAFF RECOMMENDATION CASE PD FORTY EIGHT TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL, SUBJECT TO THE STAFF COMMENTS.

OR HAVE ANY QUESTIONS FOR STAFF? NONE. THIS WASN'T GOOD.

THANK YOU, MR. WEINBERG AGAIN, KIM ROSENKER, ON BEHALF OF THE APPLICANT, SACHS CAPITAL AND IDENTICAL INVESTMENTS.

WE ARE REQUESTING THE REZONING OF PUDI WITH THE PRELIMINARY DEVELOPMENT PLAN FROM THE RURAL RESIDENTIAL THAT IT CURRENTLY EXISTS.

ALSO, I DIDN'T GO INTO THIS BEFORE, BUT ONE ACRE LOT IN THIS AREA OF TOWN DOESN'T MAKE ANY SENSE. NOT TO MENTION YOU CAN HAVE GOATS AND HORSES ON THOSE ONE ACRE LOTS, WHICH CERTAINLY AREN'T APPROPRIATE.

DON'T FORGET CHICKENS IN THIS AREA, ALTHOUGH THE SCHOOLCHILDREN MIGHT ENJOY IT SO THAT THAT IS SOMETHING. AT THE THE SCHOOL CAPACITY DOES EXIST IN THE AREA.

THIS IS PLANNED TO HAVE THE RECREATIONAL TRACK OF WHAT MR MURPHY WAS DESCRIBING TO YOU IS

[01:35:01]

IT HAS ALL OF THE RECREATION TRACKS, ALL THE STORM WATER TRACKS AND THINGS LIKE THAT, WHICH YOU WOULD ONLY HAVE IN A POD ZONING.

YOU WOULD NOT HAVE JUST IN A SINGLE FAMILY RESIDENTIAL ZONING.

THE AMENITIES DON'T INCLUDE A CLUBHOUSE, A POOL, A PAVILION AND A WALKING PATH.

UH, THIS IS, AS I MENTIONED BEFORE, THIS WOULD ALLOW A VARIETY OF HOUSING.

ALSO, THE COMMERCIAL IS IS APPROPRIATE IN THIS AREA.

I DROVE THIS AREA OVER THE WEEKEND AND THERE ARE SEVERAL COMMERCIAL DEVELOPMENTS ON JUPITER. THERE IS ONE TO THE WEST, A TWENTY FIVE THOUSAND SQUARE FOOT PLAZA ON THE OTHER SIDE OF OF, UH.

AGAIN, YOU'RE ON THE OTHER SIDE OF THE ROAD THAT L DRAWN.

YEAH, L DRAWN. AND THE TWENTY FIVE THOUSAND SQUARE FOOT.

THEN YOU HAVE A TWELVE THOUSAND SQUARE FOOT PLAZA EAST AT THE EMERSON AND JUPITER IN SIXTEEN THOUSAND SQUARE FOOT EAST OF THAT.

AND THERE ARE THERE IS COMMERCIAL STRIPS ALONG THIS, THIS ROAD, JUPITER BOULEVARD.

THE HOUSING ELEMENT ALSO INDICATES THAT YOU SHOULD PROVIDE FOR SUFFICIENT SUPPLY AND VARIETY OF SAFE HOUSING, AND THIS DOES GIVE A DIFFERENT PRODUCT FOR PEOPLE TO PURCHASE.

THE PAD WILL HAVE THE BUFFERS ON THE NORTH AND THE EAST.

I DON'T KNOW IF YOU NEED TO ADD THOSE CONDITIONS OF THE BUFFERS AND THE EIGHT FOOT FENCE TO THE PUDI. I'M NOT CERTAIN HOW YOU WOULD DO THAT.

THAT WAS PART OF THE CONDITIONAL OK, I DIDN'T.

I'M SO USED TO ZONING, USUALLY HAVING CONDITIONS, AND THAT'S WHY REQUIRES TWENTY FIVE PERCENT OPEN SPACE FOR USE OF THE RESIDENCE.

YOUR STAFF HAS RECOMMENDED APPROVAL BASED UPON EVERYTHING PROVIDED.

WE WOULD ASK FOR APPROVAL, BUT WE DO HAVE A CONCERN.

ONE OF THE CONDITIONS REQUESTED BY STAFF IS FOR ACCESS TO PARTIAL SEVEN FIFTY, TO WHICH WE DO NOT OWN A SET LITTLE CUTOUT PIECE OF PROPERTY JUST ABOVE THE COMMERCIAL.

AND WE DON'T WE DON'T KNOW THAT THEY WANT ACCESS, WE DON'T KNOW WHAT THEY WANT, SO I'M NOT QUITE CERTAIN HOW THAT CAN BE ADDITIONAL CONDITION OF APPROVAL.

PATRICK, DID YOU WANT TO RESPOND TO THAT? YEAH, THAT WAS A RECOMMENDATION FROM OUR PUBLIC WORKS DEPARTMENT BECAUSE THAT PARCELLS LANDLOCKED. SO THIS IS IF THEY HAVE ANY ACCESS TO THE PARCEL, IT WOULD COME THROUGH THIS PROPERTY. THEY'RE NOT GOING TO GET ACCESS TO THE SCHOOL.

BUT IF IF UNDER THE LAW, THEY WOULD HAVE TO COME TO US AND PAY US FOR THAT ACCESS.

SO THAT'S WHY I'M CONCERNED ABOUT MAKING IT A REQUIREMENT.

BECAUSE IT'S A STATUTORY WAY OF NECESSITY, NOT NOT NOT BECAUSE IT WAS ALL ONE PARCEL.

MAYBE IT WAS, I DON'T KNOW.

I DON'T KNOW HOW IT GOT LANDLOCKED, BUT THAT'S MY ONLY CONCERN IS THAT ONE CONDITION AND I UNDERSTAND WHY YOU WOULD WANT THAT.

BUT THAT PROPERTY WAS BOUGHT OUT OF FORECLOSURE OR SOME JUDGMENT OR SOMETHING FOR $5000.

AND I DON'T KNOW ANYTHING ABOUT THE PROPERTY OTHER THAN THAT.

HAVE A HISTORY OF HOW THAT PARCEL WAS CREATED.

I BELIEVE IT WAS ORIGINALLY PART OF THE GODADDY'S BEFORE IT WAS WHEN IT WAS JUST RAW LAND. I DON'T REMEMBER HOW EXACTLY THIS WAS BROKEN OUT.

HAVE A TITLE SEARCH ON IT AND IT MAY BE THAT IT'S IT MAY BE BY LAW WE HAVE TO GIVE THEM ACCESS. I JUST DON'T KNOW, AND I JUST DON'T WANT THE IN EITHER CASE, PATRICK.

I MEAN, THE OWNER OF THAT PART, IF THEY EVER WANTED TO DO ANYTHING WITH IT, NEEDED TO GET ACCESS, THEY WOULD HAVE TO COME TO TO TO TO THIS PROPERTY, THE OWNERS OF THIS PROPERTY AND AND REQUEST ACCESS.

AND CERTAINLY THEY'D HAVE TO NEGOTIATE SOMETHING TO GET ACCESS TO IT, WHICH THEY WOULD HAVE TO DO EITHER WAY, WHETHER RATHER THAN, YOU KNOW, REQUIRE IT, MAKE IT A REQUIREMENT THAT THEY PROVIDE ACCESS IS, YOU KNOW, LEAVE THAT UP TO TO THE OWNER OF THEIR PROPERTY.

IF THEY WANT TO GET ACCESS, THEN THEY CAN NEGOTIATE WITH THE.

THE OWNER OF THIS PROPERTY, I WOULD JUST ASK FOR APPROVAL OF THE PUDDY WITHOUT THAT ONE CONDITION OF ACCESS FOR THE PROPERTY HE HAD.

THANK YOU.

WELL, YES, I WAS JUST THINKING REGARDING IF WE ARE NOT ABLE TO JUST DO THAT, GIVE THAT REQUIREMENT IS THAT YOU'RE SAYING IT TO YOU SHOULDN'T BE ABLE TO DO THAT LEGALLY.

IS THAT I'M JUST SAYING IT'S A LEGAL ISSUE TO BE RESOLVED BETWEEN THE PARTIES OR THE COURTS, AND IF THE CITY IS TELLING US WE HAVE TO DO IT, WE MAY LOSE THE OPPORTUNITY TO GET PAID FOR IT, WHICH STATUTES ALLOW? SO IT'S I'M IN THREE CASES WITH THE STATUTORY WAVE NECESSITY, THAT'S WHY I'M VERY FAMILIAR WITH THE CASE LAW. I JUST DON'T WANT THE CITY TELLING US WE HAVE TO DO SOMETHING WE MAY NOT LEGALLY BE OBLIGATED TO DO IF THEY HAVE TO COMPENSATE US FOR IT.

I KNOW IT'S CONFUSING, I DON'T KNOW.

I WOULD AGREE WITH THAT.

YEAH. MS. COCKCROFT OF A REAL ESTATE APPRAISER AND TRUST ME, I UNDERSTAND THAT.

YEAH, IT'S TRUE.

I JUST DON'T UNDERSTAND IT. SO I I JUST IT'S COMPLICATED.

I WAS JUST GOING TO ASK IF OUR CITY ATTORNEY, W CITY ATTORNEY, WOULD BE WILLING TO WEIGH

[01:40:04]

THAT WOULD BE ACCEPTABLE.

IT'S FINE WITH STAFF, TOO.

THAT WOULD BE GREAT. ALL RIGHT.

THANK YOU, CHAIRMAN.

I DO HAVE A QUESTION FOR CLARIFICATION FROM THE APPLICANT SINCE WE'RE TALKING ABOUT ACCESS. IT WAS STATED IN THE CP CASE THAT THERE'S ONE WAY IN AND OUT OF THE PROJECT THE EXHIBIT. THE PRELIMINARY PLAN EXHIBIT YOU'LL SEE ON THE TV SHOWS A DRIVEWAY GOING INTO WHERE THE COMMERCIAL PARCELS ARE LOCATED.

SO I WAS QUESTIONING WHETHER OR NOT THIS DRIVE THAT DRIVEWAY SHOWN ON THERE IS GOING TO REMAIN OR IF THAT HAS BEEN REMOVED SINCE THIS WAS PROVIDED TO US, THAT IS GOING TO SAY IT WAS GOING TO STAY. YEAH, YEAH.

SO I WAS TO A SHOW LIKE A GREEN STRIP SHOW, SO I DIDN'T KNOW IF I APOLOGIZE.

THAT WAS A CONCEPT COLORED VERSION, BUT YES, I APOLOGIZE.

THERE IS THE SECONDARY ACCESS TO THE WEST.

OK, THANK YOU. ARE THE COMMERCIAL PROPERTY? YES. IT AT YOUR OTHER QUESTIONS FOR MS. PRESENT. YEAH, PLEASE.

I'M CONCERNED WITH THE THE PARENTS THAT HAVE TO PICK UP KIDS ON JUPITER.

I LIKE BILL HAD MENTIONED, SOMETIMES YOU HAVE TO CROSS THE YELLOW LINES TO GET AROUND SOME OF THOSE PARENTS.

THERE ARE ANYTHING THAT COULD BE NEGOTIATED WHERE THERE IS A A LOT OF OUR SCHOOLS HAVE A PARENT. THEY ACTUALLY LINE UP.

DON'T. BLOCK THE STREETS, SHOULD ANYTHING BE DONE BETWEEN THE CITY OR THE DEVELOPER TO PUT IN A ANOTHER LANE? IN FRONT OF THE COMMERCIAL.

THAT'S WHERE THEY ALL BACK UP FROM THAT COMMERCIAL AREA.

UM.

I HOPE YOU'RE THINKING A SECONDARY TURN LANE JUST FOR THE SCHOOL TO GO INTO THE SCHOOL.

YEAH, WE CAN WE CAN CERTAINLY TALK WITH THE TRAFFIC ENGINEER.

IT MAY BE SOMETHING THAT COMES OUT OF THE TRAFFIC IMPACT ANALYSIS, BUT WE WILL CERTAINLY MENTION THAT THE TRAFFIC ENGINEER HELP THE RESIDENTS IN THAT AREA.

I UNDERSTAND. YEAH, BECAUSE THERE IS A TERM LIMIT THAT GOES ALL THE WAY TO THE LIGHT.

OK. IT'S JUST DOESN'T GO FAR AT TURN, RIGHT? SO PEOPLE END UP USING THE UNPAVED PORTION OF THE SHOULDER, WHICH BECOMES A MUD HOLE.

RIGHT. AND IT'S A REAL MESS.

MR. CHAIRMAN, WHAT WE'LL DO IS WE'LL HAVE THE APPLICANT WORK WITH OUR AIR TRAFFIC ENGINEER AND KIND OF HASH THAT OUT BEFORE THEY COME BACK WITH THEIR FINAL DEVELOPMENT PLAN. THE SITE DOES SHOW A GREEN AREA AT THE FAR WEST END DOESN'T REALLY HAVE A DESIGNATED USE.

THERE COULD BE A POTENTIAL FOR A TURN LANE STARTING IN THAT LOCATION.

THAT WOULD BE WHERE THE CITY WOULD ACQUIRE THAT PROPERTY FROM THE DEVELOPER AND DO A IMPACT FEE CREDITS FOR THAT.

JUST THROWING THAT OUT, I DON'T KNOW HOW FAR BACK THE TIMELINE WOULD GO.

WE HAVE TO SEE THE STUDY, SO ALL THAT SHOULD GET WORKED OUT BEFORE THEY COME BACK FOR THEIR FINAL DEVELOPMENT PLAN AND THAT CAN BE DEALT WITH IT.

THAT'S BETWEEN MR. MOYA, HIS TRAFFIC SPECIALIST AND OUR CITY TRAFFIC ENGINEER.

I DO KNOW OUR TRAFFIC ENGINEER HAS ALREADY BEEN WORKING WITH THEM ON METHODOLOGY, LOOKING AT ADDITIONAL INTERSECTIONS, GOING FURTHER OUT, TURNING ANALYSIS AND WHAT HAVE YOU.

AND THEY'VE ALREADY GOTTEN INTO SORT OF THE WEEDS ON THAT.

I'VE BEEN STAYING OUT BECAUSE ALL THE LITTLE KS AND DS AND THEY'RE TALKING ABOUT JUST GOES RIGHT OVER MY HEAD. ALL RIGHT.

THANK YOU, PATRICK. ANY OTHER QUESTIONS FOR MS. PRESENT? THANK YOU.

THANK YOU. I DO WANT TO SAY, THOUGH QUITE POPULAR BELIEF, THERE ARE SOME PEOPLE THAT DO WANT A ONE A.

FIVE ACRES OF LAND IN PALM BAY, THE WELL, NOT A JUPITER THERE.

I MEAN, IT'S YOU NEVER HEAR OF A DEVELOPER WHO EVER COMES IN AND SAY, HEY, I GOT THIS ONE ACRE TO FIVE ACRE.

ELEMENT, YOU KNOW WHAT A NICE, BEAUTIFUL THREE STORY HOUSE ON IT.

YOU DON'T HEAR THAT YOU DON'T EVER GET THAT IN HERE.

SO THAT'S THAT I WOULD BE FOR.

IT'S JUST THAT LOCATION, SIR.

SAME AWKWARD TO BE THERE.

THAT'S ALL. YEAH, THAT WOULD NOT BE THE PLACE FOR, YOU KNOW.

OK, AT THIS TIME, I'LL OPEN THE PUBLIC HEARING, AND IS THERE ANYONE? BILL. GILBERT BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.

UM, SINCE WE APPROVED CP THIRTEEN TWENTY ONE, THAT LEADS US TO THE NEXT STEP.

I REALLY ENJOYED HOW THEY HAD THE BIG WALKING TRAIL, WHICH DOES A LITTLE BIT WHICH THEY WOULD NOT HAVE HAD IF IT WAS SINGLE FAMILY RESIDENCE BECAUSE THEY'RE A PUDI.

[01:45:01]

OPEN SPACE FOR THE CITY OF PALM BAY.

WE'RE SAYING TWO ACRES FOR EVERY 1000 PERSONNEL, BUT WE'RE INCLUDING IN ALL THE MASSIVE PARKS. WELL.

EVENTUALLY, WE'RE ONLY GOING TO HAVE THE BIG PARK.

IT HAPPENS TO HAVE ENOUGH ACREAGE TO MAINTAIN OUR POPULATION, WHICH IS A FRED PROPERTY PARK THAT WAS GIVEN US ALL THAT ACREAGE TO MATCH UP FOR THIS.

BUT THAT DOES NOT MEAN THAT WE HAVE COMMUNITY PARKS.

LUCKILY FOR THIS, PUDI, THEY'RE GOING TO HAVE GREEN SPACE TO THE NORTH.

THEY'RE GOING TO HAVE GREEN SPACE ALL THE WAY AROUND.

AND SO THAT IS A PLUS.

BUT I DON'T LIKE THE IDEA THAT WE'RE STARTING TO COMPARE ALL OF THE CITY TO THE TOTAL ACREAGE. AND THAT'S WHY I'M ADDRESSING IT TO P AND Z, TO THE TOTAL ACREAGE, BECAUSE ALL OF THAT ACREAGE HAPPENS TO BE AT THE SOUTH END.

I MEAN, THE WEST SIDE OF THE CITY OF PALM BAY, IT'S NOT IN THE CITY, IT'S OUT.

WHEN WE START LOOKING AND SAYING, OK, THAT'S GREAT.

WE MIGHT MEET THE CRITERIA, BUT WE'RE NOT MAKING COMMUNITY PARK AREAS WITHIN THE CITY.

AND THE LAST ITEM THIS ONE IS, EVEN THOUGH IT'S GOING TO BE OWNER, THEY'RE BUYING THEM TOWNHOUSES. THAT DOES NOT MEAN THAT THE OWNERS CAN'T THEN TURN AROUND AND RENT THEM OUT.

YOU HAVE TO HAVE OWNERS.

TO BUY THE PROPERTY AND THEN RENT IT.

IS SOMETHING TO KEEP IN MIND.

AND YOU COULD BILL ANYONE ELSE WHO WISHES TO SPEAK ON THIS APPLICATION, EITHER FOR OR AGAINST IT. NONE AT THIS POINT.

I'LL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION.

ANYONE WHO PAID FORTY EIGHT, TWENTY ONE, SEVENTY TWO STAFF.

I CAN WITH THE CHANGE FROM.

RECOMMEND ACCESS.

THAT. AGAIN.

WE HAVE MOTION IN A SECOND.

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

MOTION CARRIES UNANIMOUSLY.

OUR NEXT CASE, PLEASE, PATRICK.

NEXT CASE ON THE AGENDA IS C.P.

SEVENTEEN TWENTY TWENTY ONE BACKGROUND PROPERTY IS IN THE SOUTHERN PORTION OF BAYSIDE LAKES AT THE INTERSECTION OF KOGAN DRIVE SOUTHEAST AND OSMOSIS TO DRIVE SOUTHEAST.

SPECIFICALLY, THE PROPERTY IS TRACKED BY ONE OF THE BAYSIDE COMMERCIAL CENTER PHASE FOUR, LOCATED IN SECTION TRUSTEE TOWNSHIP, TWENTY NINE SOUTH AND RANGE THIRTY SEVEN EAST.

OUR COUNTY, FLORIDA SUBJECT PROPERTY IS TWENTY ONE ACRES OF UNDEVELOPED LAND.

PROPERTY IS PART OF A SUBDIVISION THAT WAS RECORDED IN 2006 AND WAS INTENDED AS A POTENTIAL CHURCH AND OR SCHOOL SITE FOR THE DIOCESE OF ORLANDO.

HOWEVER, THE DIOCESE HAS DETERMINED THE PROPERTY IS SURPLUS AND IS IN THE PROCESS OF CONVEYING SAID LAND. THE APPLICANT IS CURRENTLY ASKING TO AMEND THE FUTURE LAND USE MAP TO CHANGE THE ENTIRE 21 ACRES OF LAND FROM SINGLE FAMILY RESIDENTIAL USE TO MULTIPLE FAMILY RESIDENTIAL USE.

PURPOSE OF THIS REQUEST IS TO ALLOW FOR THE CONSTRUCTION OF A MIXED HOUSING DEVELOPMENT CONSISTING OF TOWNHOMES AND SINGLE FAMILY HOMES.

THE PRELIMINARY DEVELOPMENT PLAN WILL BE DISCUSSED IN THE COMPANION REZONING REQUEST IDENTIFIED AS CASE PD.

FIFTY TWENTY ONE 21.

THE APPLICANT FOR THIS REQUEST IS BISHOP JOHN JEAN NOONAN FROM THE DIOCESE OF ORLANDO.

HE IS BEING REPRESENTED BY CHIP BRYAN, VICE PRESIDENT OF CONDEMNED PROPERTIES LLC, AND DAVID BASHFORD OF MOVIE ENGINEERING ANALYSIS, OR CHAPTER ONE ANY THREE COMPREHENSIVE PLAN REGULATIONS, SECTION TWENTY THREE POINT ONE B PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF LAND AND RESOURCES TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.

WE SHALL THEN USE THE ELEMENT PRIMARY GOAL.

THE FEATURE LENGTH ELEMENT GOAL, IF YOU WANT, IS TO ENSURE A HIGH QUALITY, DIVERSIFIED LIVING ENVIRONMENT THROUGH THE EFFICIENT DISTRIBUTION OF COMPATIBLE AND USES.

IF ALLOW YOU TO PROVIDE FOR AND MAINTAIN VIABLE NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENT TO MEET THE EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF THE CITY.

EXISTING SINGLE FAMILY RESIDENTIAL USE CATEGORY ALLOWS FOR A MAXIMUM RESIDENTIAL DENSITY OF FIVE UNITS PER ACRE.

TYPICAL USE IS PERMITTED INCLUDE SINGLE FAMILY HOMES, ACCESSORY DWELLING UNITS, RECREATIONAL USES, AN INSTITUTIONAL USES SUCH AS SCHOOLS, CHURCHES AND UTILITIES.

PROPOSED MULTIPLE FAMILY RESIDENTIAL USE CATEGORY ALLOWS FOR A MAXIMUM RESIDENTIAL DENSITY OF 20 UNITS PER ACRE.

TYPICAL USE IS PERMITTED INCLUDE SINGLE FAMILY HOMES, DUPLEXES, MULTIPLE FAMILY UNITS, CONGREGATE LIVING UNITS, RECREATIONAL USES AND INSTITUTIONAL USAGE, SUCH AS SCHOOLS, CHURCHES AND UTILITIES.

THEREFORE, THE MAJOR DIFFERENCE BETWEEN THE TWO CATEGORIES IS THE TYPE OF HOUSING SINGLE

[01:50:03]

ST. LUKE'S COMMUNITY HAS BEEN CONSTRUCTED OVER THE PAST 20 YEARS AS A PLANNED UNIT DEVELOPMENT TO INCORPORATE MULTIPLE TYPES OF USES IN THE HOPE OF CREATING A VIBRANT AND SELF-SUSTAINING AREA.

COMMUNITY CONSISTS OF SEVERAL SINGLE FAMILY AND MULTIPLE FAMILY RESIDENTIAL DEVELOPMENTS OF VARIOUS SIZE AND DENSITIES.

AT ITS CORE AND ALONG ITS MAJOR ROADWAYS ARE COMMERCIAL AND INSTITUTIONAL USE IS NEEDED TO SERVE THE RESIDENTS WITHIN THE COMMUNITY AND BEYOND.

PROPOSED FLOO AMENDMENT IS BEING REQUESTED TO DEVELOP A PROJECT THAT WILL INCLUDE BOTH SINGLE FAMILY AND MULTIPLE FAMILY USES.

THE PROPERTY IS LOCATED BETWEEN AN EXISTING SINGLE FAMILY NEIGHBORHOOD AND A WATER TREATMENT FACILITY OWNED BY THE CITY OF PALM BAY.

THIS REQUEST APPEARS CONSISTENT WITH THE ABOVE STATED GOALS AND THE FLU ELEMENT BY CONTINUING THE EXISTING DEVELOPMENT PATTERN WITHIN THE BASE OF THE COMMUNITY.

SUBJECT PROPERTY IS NOT LOCATED WITHIN THE COASTAL HIGH HAZARD AREA.

CASTLE IS NOT LOCATED WITH ANY OF THE FOREST GROVE POLYGONS IDENTIFIED ON THE CITY'S HABITAT CONSERVATION PLAN.

IT LISTED SPECIES ARE KNOWN TO INHABIT THE PROPERTY.

IF ANY LISTED SPECIES ARE DISCOVERED ON THE PROPERTY, THEY WOULD NEED TO BE MITIGATED FOR BY STATE AND FEDERAL REGULATIONS AND THROUGH OUR OWN COMPLAINT.

THIS WILL BE EMBEDDED DURING THE ADMINISTRATIVE SUBDIVISION REVIEW PROCESS.

HOUSING PRIMARY GOAL, THE HOUSING ELEMENT IS HSV ONE, PROVIDE FOR SUFFICIENT SUPPLY AND VARIETY OF SAFE, DECENT, ATTRACTIVE AND AFFORDABLE HOUSING AT LOCATIONS WHICH PROVIDE FOR CONVENIENT ACCESS TO MUNICIPAL FACILITIES AND SERVICES.

THE PROPOSED FLOO AMENDMENT DOES NOT ADVERSELY IMPACT THE SUPPLY AND VARIETY OF HOUSING WITHIN THE CITY. IN FACT, THE REQUEST WILL FURTHER THE GOAL OF THE HOUSING ELEMENT.

INFRASTRUCTURE, UTILITIES, THE FLU AMENDMENT WILL NOT CAUSE A LITTLE SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE COMPREHENSIVE PLAN FOR THESE SERVICES FOR THE CURRENT PLANNING PERIOD ON DEVELOPMENT OF THE SITE, THE APPLICANT OWNER SHALL DESIGN, PERMIT, INSTALL, INSPECT AND TEST.

WATER AND SEWER SYSTEMS HAVE ADEQUATE SIZE TO ACCOMMODATE A FUTURE PROJECT.

REINACH, ANY DEVELOPMENT OF THE SITE SHALL MEET ALL CRITERIA OF THE CITY, STORMWATER MANAGEMENT ORDINANCE AND ALL CRITERIA OF RULE 62, DASH 330 OF THE FLORIDA ADMINISTRATIVE CODE. COMPLIANCE WITH THESE PROVISIONS WILL BE REVIEWED AND ENFORCED DURING THE ADMINISTRATIVE SUBDIVISION PLAN REVIEW PROCESS.

SOLID WASTE COLLECTION IS PROVIDED TO THE AREA BY OUR PUBLIC SERVICES.

THERE IS SUFFICIENT CAPACITY WITHIN REVATHI COUNTY LANDFILLS TO SERVICE THE PROPERTY.

A LOT OF SCHOOLS DO THE REQUESTED CHANGE TO MULTIPLE FAMILY RESIDENTIAL USE, WHICH WOULD ALLOW FOR AN INCREASE IN RESIDENTIAL UNITS, A FURTHER DEMAND MAY BE PLACED UPON THE SCHOOL SYSTEM. THEREFORE, A SCHOOL CAPACITY DETERMINATION WAS APPLIED FOR AND OBTAINED.

INCLUDED IN THE PROJECT. FILE FOR THIS AMENDMENT IS THE LETTER FROM THE BROWARD COUNTY SCHOOL BOARD, INDICATING THERE ARE SUFFICIENT CAPACITY IN THE ADJACENT SCHOOL CONCURRENCY SERVICE AREAS. IT'S AN OPEN SPACE.

THIS ELEMENT ADDRESSES THE CURRENT AND FUTURE NEEDS OF THE CITY.

THE MFR FLU CATEGORY DOES NOT HAVE A MORE OF A DEMAND UPON THE PARKS AND RECREATION LEVEL SERVICE THAN THE EXISTING SINGLE FAMILY CATEGORY.

REGARDLESS, THE CITY MAINTAINS PUBLIC OWNERSHIP OF THESE LANDS THAT FAR EXCEED THE MINIMUM THRESHOLDS ADOPTED IN THE COMPREHENSIVE PLAN TRANSPORTATION.

DIRECT ACCESS TO THE PROPERTY WILL BE FROM PILGRIM LANE, WHICH IS ONLY A SHORT DISTANCE FROM ELDON BOULEVARD SINCE L JORDAN IS THE MAIN DISTRIBUTOR OF TRAFFIC TO AND FROM THE SITE. THIS ROADWAY SHALL BE EXAMINED.

HOGAN DRIVE IS CLASSIFIED AS A COLLECTOR ROADWAY ON THE CITY'S COMPREHENSIVE PLAN.

ADJACENT SEGMENT OF OSMOSIS DRIVE IS CLASSIFIED AS A LOCAL STREET.

ONCE OSMOSIS IS EXTENDED TO DEGROOT ROAD, IT WILL ALSO BE CLASSIFIED AS A COLLECTOR ROADWAY. FUTURE DEVELOPMENT THAT WOULD EXCEED THE AMP HOUR 100 TRIP THRESHOLD WOULD REQUIRE TRAFFIC STUDY.

IP RIGHTS ELEMENT PROPOSED LAND USE DOES NOT APPEAR TO INFRINGE UPON THE PROPERTY RIGHTS OF THE APPLICANT STAFF RECOMMENDATION THAT RECOMMENDS APPROVAL OF CP 17 20 21, SUBJECT TO THE FOLLOWING CONDITIONS.

I'M A DEVELOPMENT PLAN TO MIDDLE PROPERTY OWNER SHALL SUBMIT A TRAFFIC IMPACT ANALYSIS IN PHASE ONE ENVIRONMENTAL STUDY.

THE APPLICANT OWNER AT THEIR EXPENSE WILL REQUIRED A DESIGN PERMIT, INSTALL, INSPECT AND TEST WATER SYSTEMS OF ADEQUATE SIZE TO ACCOMMODATE THE DEVELOPMENT AND TO CONNECT TO THE CITY'S WATER AND SEWER SYSTEM FOR THE PURPOSES OF COMPATIBILITY AND CONSISTENCY WITH THE BASE OF THIS COMMUNITY.

LAND SHALL HAVE A MAXIMUM DENSITY OF 10 UNITS PER ACRE.

HAPPY TO ANSWER ANY QUESTIONS.

YOU MAY HAVE THE APPLICANTS REPRESENTATIVES IN ATTENDANCE.

THE BOARD HAVE ANY QUESTIONS FOR STAFF.

THANK YOU, PATRICK MR., BOOTHROYD.

GOOD EVENING, DAVID BASFORD 12:50, WEST OF GELE BOULEVARD, MELBOURNE, FLORIDA, I'D LIKE TO THANK STAFF, AS ALWAYS, THEY DO A WONDERFUL JOB PRESENTING.

ONE THING TO ADD IS THAT WE DID HOLD A CITIZEN PARTICIPATION MEETING THAT WAS ON OCTOBER 12TH. THERE WERE APPROXIMATELY 10 PEOPLE IN ATTENDANCE.

AND THIS WAS THE FIRST TIME THAT I CAN SAY IN ALL HONESTY, THAT WE GOT A LOT OF GREAT FEEDBACK FROM THE NEIGHBORS.

SOME OF IT STARTED OUT FAIRLY CONTENTIOUS BY THE END OF THE NIGHT.

I THINK THAT WE WORKED THROUGH MOST OF THAT.

AND WITH THAT, UNLESS YOU HAVE ANY QUESTIONS UP FRONT, I'D LIKE TO RESERVE THE REMAINDER OF MY TIME JUST IN CASE THERE'S ANY ADDITIONAL CONCERNS THAT WEREN'T VOICED THERE AT THE

[01:55:03]

AND IN ADDITION TO THAT, THERE WAS A SECOND MEETING THAT WAS HELD.

THERE WAS A COUPLE THAT COULD NOT MAKE THE OCTOBER 12TH MEETING.

WE DID THAT IF MEMORY SERVES THE FOLLOWING WEEK WHEN THEY GOT BACK FROM VACATION.

SO WE THOUGHT IF YOU DON'T HAVE ANY QUESTIONS, THEN I'LL.

POSTPONE THE REST OR HAVE ANY QUESTIONS FOR MR. BASFORD. YES, MA'AM.

YES. IF YOU COULD SHARE WITH US SOME OF WHAT TOOK PLACE AT THE MEETING AND HOW YOU ADDRESS THOSE. SURE.

SO THERE WERE THREE AS I REMEMBER IT.

PRIMARY CONCERNS THE FIRST ONE WAS THE RECREATIONAL TRACK THAT WE WERE PROPOSING.

THERE WAS GOING TO BE A CLUBHOUSE OR PAVILION AND A COMMUNITY POOL OVER THERE.

I FORGET WHICH ONES WHICH ALPHA COGGAN IT IS WHERE TRACKS DIDN'T KNOW IF YOU'RE PULLING THAT UP. AND THEY HAD VOICED A LOT OF CONCERN ABOUT THAT.

SO WHAT WE'VE DONE IS WE'VE SWAPPED THE LOCATION OF THE RECREATIONAL TRACK AND ONE OF THE LOTS TO FACILITATE TAKING THAT OUT OF THEIR REAR YARD.

IT ALSO ALLOWS FOR SORRY, THERE'S THERE WAS A FOURTH ISSUE.

THERE'S ALSO A DRAINAGE PIPE THAT IS CONVEYING SOME DRAINAGE FROM THE GREEN SPACE BETWEEN THE TWO PROPERTIES, AND THAT ALLOWS FOR THAT TO KEEP ITS INTENDED PURPOSE.

BUT THAT ALSO ALLOWS FOR AS MUCH GREEN SPACE TO BE HAD THERE BETWEEN.

MAKE SURE I SAY CORRECTLY, LOTS TWENTY ONE OR NINETEEN THROUGH TWENTY ONE OF AMBER WOULD.

OH, THAT WAS IT.

OKAY. I CAME OUT GOOD.

ALL RIGHT. ANY OTHER QUESTIONS? OH, SORRY. YOU WOULD ASK.

I'D ONLY STATED ONE OF THEM.

THE OTHER ONE WAS FENCING.

A LOT OF THE NEIGHBORS WITHIN AMBER WOULD HAVE EXISTING FENCES.

AND TO THE EXTENT POSSIBLE, THEY HAD ASKED WHETHER OR NOT WE WOULD BE ABLE TO MATCH THOSE TYPES OF FENCES.

MOST OF WHAT WE'VE SEEN IS IS PVC, AND WE WOULD BE IN AGREEMENTS WITH THAT BECAUSE WE WILL BE PUTTING IN A FENCE OVER THERE.

BUT IF THERE ARE MULTIPLE TYPES, THEN THAT'S SOMETHING THAT I'LL HAVE TO BE NEGOTIATED.

NO OTHER QUESTIONS. MS. CHAIRMAN DOWN HERE AT STAFF, I DID WANT TO CLARIFY SOMETHING THERE IS A TYPO IN THE STAFF REPORT WHEN I WAS READING OVERLOOKED AT SO MANY CASES TONIGHT THE TRANSPORTATION ELEMENT.

THIS IS OBVIOUSLY NOT OFF A PILGRIM LANE.

THIS IS OFF OF COGENT AND OSMOSIS.

THEY HAVE AN ACCESS POINT IN EITHER ONE.

SO I JUST WANTED I WILL HAVE THAT CORRECTED BEFORE THAT GOES TO COUNCIL, BUT I WAS OBVIOUSLY THE TYPE ON THE STAFF REPORT.

THANK YOU, PATRICK. THE OTHER QUESTIONS, PATRICK, YOU JUST MENTIONED THAT OSMOSIS.

WHEN YOU BE CONNECTED.

THEIR DESIGN PLAN SHOWS, OH, YOU MEAN OSMOSIS IS CONNECTING OUT TO THE SIDE, NOT THROUGH THIS PROJECT. THE CITY DOES HAVE PLANS IN THE FUTURE TO CONNECT THE TWO ROADWAYS, BUT OVER THE CANAL LINKS CANAL THIRTY SEVEN AND CONNECT OSMOSIS WITH OSMOSIS ON THE OTHER SIDE OF THE GROUP. THANK YOU, MR. BEDFORD. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION? JUST PUT IT ON THE PODIUM RIGHT THERE.

OKAY, SURE. GOOD EVENING, MY NAME IS STEPHEN BURKETT 292 ABERNATHY CIRCLE SOUTHEAST PALM BAY, FLORIDA THREE TWO NINE OH NINE.

I APPRECIATE YOU ALL TAKING THE TIME TO GIVE ME THE OPPORTUNITY TO SPEAK TONIGHT.

APPRECIATE YOUR VOLUNTEERING YOUR TIME AND DEFINITELY WORTHY CAUSE.

I AM A NEW RESIDENT OF THE STATE OF FLORIDA.

JUST BOUGHT MY HOUSE AND ABERNATHY IN JULY AND SPECIFICALLY CHOSE THAT PROPERTY BECAUSE OF THE ENVIRONMENTAL MY MY PROPERTY BACKS UP TO THE WOODED AREA THAT GOES JUST BETWEEN MY PROPERTY AND OSMOSIS.

AND AND THERE'S A LAKE THERE, RIGHT? I BOUGHT IT SPECIFICALLY FOR THAT AND THE ENVIRONMENT I PUT UP SINCE I MOVED IN, I PUT UP A TRAIL CAMERA IN MY BACKYARD THAT CAPTURES THE WILDLIFE AS THEY COME THROUGH AND THE WOODS THERE ON OCTOBER 25TH.

I GOT ON MY CAMERA A VIDEO OF WHAT APPEARS TO BE A FLORIDA PANTHER.

I DO BELIEVE IT IS A PANTHER.

IT'S GOT A LONG TAIL TO IT.

IT'S MUCH LARGER THAN WHAT YOU WOULD SEE IN A BOBCAT.

I DID SUBMIT THAT INTO THE FLORIDA WILDLIFE COMMISSION FOR EVALUATION THAT WAS LESS THAN A MONTH AGO, SO I HAVEN'T HEARD ANYTHING BACK ON THAT YET, BUT THAT WAS SUBMITTED.

IT DID ENTER INTO THAT THAT WOODED AREA YOU SEE IN THE VIDEO ENTERING THAT WOODED AREA,

[02:00:04]

THERE'S BEEN DEER, THERE'S EAGLES.

WE'VE SEEN EAGLES IN THE AREA.

I'M CONCERNED ABOUT 20 ACRES OF THAT LAND BEING DISTURBED.

I GET IT. I'M ONE OWNER.

I'M JUST ONE. YOU KNOW, I'M THE LITTLE GUY HERE.

I'LL BE DON'T HAVE MUCH OF A SAY HERE, BUT I DID.

MY FATHER WAS A MEMBER OF A BOARD OF EDUCATION FOR YEARS.

I GREW UP WATCHING THESE TYPES OF THINGS.

SO I KNOW THE IMPORTANCE OF IT.

I UNDERSTAND IT OR RESPECT IT.

I JUST WANTED TO HAVE MY OPPORTUNITY TO COME UP HERE AND EXPRESS MY THOUGHTS AND CONCERNS FOR THAT. I WAS NOT ABLE TO MEET THE MEET THE OCTOBER 12TH MEETING, UNFORTUNATELY, BECAUSE OF WARNER COMMITMENT.

I DON'T KNOW. YOU SAY THAT THERE WAS A LARGE POSITIVE FEEDBACK.

DO WE HAVE? IS THAT EVIDENCE THAT'S BEEN PRESENTED IN THE MINUTES? THAT'S THE BOARD, PLEASE.

I'M SORRY. I'M WONDERING IF THAT WAS, YOU KNOW, DO WE HAVE POSITIVE FEEDBACK SHOWN OR IS THAT JUST HIS WORD SAYING THAT THERE WAS POSITIVE FEEDBACK BECAUSE THE NEIGHBORS I'VE SPOKEN TO, WHILE THEY'RE NOT HERE TONIGHT, AREN'T PARTICULARLY THRILLED ABOUT IT.

SO. I DON'T KNOW IF THAT'S CONTRADICTORY OR NOT TO THE TO THE TRUE VALUE OF WHAT PEOPLE ARE SAYING. AGAIN SAID I PROBABLY I'M A LITTLE GUY.

A LOT OF MONEY INVOLVED HERE, BUT I DID WANT TO RAISE A CONCERN ABOUT THE WILDLIFE POSSIBILITY OF PANTHERS LIVING IN THERE.

I KNOW PANTHERS AREN'T.

YOU DON'T USUALLY FIND THEM IN THIS AREA AT ALL.

BUT I SAID I SUBMITTED THAT VIDEO ON OCTOBER 25TH TO.

I SAW AN AD THERE SAYS IF THOSE TYPES OF YOU KNOW AND THE CONSERVATION, IF IT'S FOUND, THEY'LL HAVE TO BE. THAT'LL HAVE TO BE ADDRESSED.

I SAW THAT AND WHAT WAS SAID, AND I HOPE THAT THAT WOULD BE SOMETHING THAT WOULD BE TAKEN SERIOUSLY BECAUSE THE WILDLIFE PRESERVATION IS THE REASON WHY I CHOSE THE SOUTHEAST AREA PALM BAY. APPRECIATE IT, THANK YOU VERY MUCH, EVERYBODY.

THANK YOU, SIR, AND WELCOME TO FLORIDA.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK, SIR? GOOD EVENING. MY NAME IS RICHARD HOPE.

I LIVE AT 5:30 DILLARD DRIVE IN THE NEIGHBORHOOD DEVELOPMENT.

I'M NOT HERE TO SPEAK ABOUT IT, AGAINST IT OR FOR IT.

WHAT I AM AGAINST IS THE LAYOUT OF THE PROPERTY ITSELF.

I COULD SAY THAT GENTLEMAN IS A NEW RESIDENT.

I AM ONE OF THE FIRST RESIDENTS IN ELMWOOD.

I HAD THE CHOICE OF ANY OF THOSE 200 OR SO HOUSES THAT WERE IN THAT DEVELOPMENT.

I SPECIFICALLY CHOSE MY SPOT BECAUSE THE WOODS THAT WERE PLACED BEHIND IT, WE'RE SUPPOSED TO BE THERE AND I WAS TOLD BY THE AIR HORTON AT THE TIME, AND NOBODY COULD BUILD ANYTHING BACK THERE. I KNOW THAT'S NOT THEIR FAULT, BUT THAT'S WHAT I WAS TOLD.

PART OF MY SPRINKLER SYSTEM IS ACTUALLY IN THEIR PROPERTY.

IT ACTUALLY SITS BACK OUTSIDE OF MY PROPERTY THAT I KNOW NOW.

BUT SINCE WE GOT THIS NEW PLAN HERE, 18 HOMES ARE AFFECTED BY THIS.

WE NOW NOT.

ARE WE NOT GOING TO HAVE THE SOUND OF BIRDS LOOKING AT ANIMALS, LOOKING AT TREES? WE ARE NOW GOING TO BE LOOKING AT A FENCE AS WE GET UP TO DRINK A CUP OF COFFEE IN THE MORNING. WE NOW ARE GOING TO BE LOOKING RIGHT OUTSIDE MY BEDROOM WINDOW INSTEAD OF LOOKING AT NICE TREES.

WE ARE NOW GOING TO BE LOOKING AT A, WELL, IT WAS GOING TO BE A SWIMMING POOL.

COULD YOU IMAGINE THAT YOU BOUGHT A HOME SPECIFICALLY? KNOWING THAT YOU'RE GOING TO HAVE SOME NICE TREES BEHIND IT, THAT THERE'S GOING TO BE A SWIMMING POOL, FINE, WE WORKED IT OUT, BUT WE'RE STILL GOING TO HAVE A FENCE THAT WE GOT TO LOOK AT. EIGHTEEN HOMES ARE AFFECTED.

NOT ONLY DOES THAT AFFECT WHAT WE LOOK AT NOW, IT'S GOING TO AFFECT MY RESALE VALUE.

I KNOW THAT MEANS NOTHING TO ANYBODY IN HERE.

NOW YOU CAN SELL A A PILLBOX RIGHT HERE ON THIS THING FOR $300000, BUT WE DON'T KNOW THAT IT'S GOING TO HAPPEN DOWN THE LINE IF I GO TO SELL MY HOME AND IT'S LESS PROPERTY OR LESS FOR THAT PROPERTY.

IT'S GOING TO AFFECT ALL THE HOMES IN AMBER WOOD BECAUSE NOW ALL THOSE 18 HOMES THAT ARE THERE ARE GOING TO BE SELLING FOR LESS.

WHEN THEY GO FOR COMPS THERE, THEY'RE GOING TO SAY, OH, THAT HOME, THAT'S THE SAME AS YOURS SOLD FOR. THIS IS YOU'RE ONLY GOING TO GET THIS.

MOST PEOPLE DON'T UNDERSTAND THAT.

BUT IF I'M GOING TO BE LOSING 30 OR 40 THOUSAND DOLLARS ON A RESALE HOME, I'M NOT GOING TO BE FOR SOMETHING BEING RIGHT BEHIND MY PROPERTY.

SO WHAT I'M SAYING IS, IS WHEN YOU'RE PUTTING 18 HOMES IN JEOPARDY OF NOT HAVING WHAT THEY HAD BEFORE, BUT NOW LOOKING AT A PLASTIC FENCE, I'M SURE NONE OF YOU WOULD WANT THAT. AND INSTEAD OF HAVING SINGLE FAMILY HOMES, WE'VE DECIDED NOW TO PUT TOWNHOUSES.

[02:05:04]

I'VE BEEN HERE ONLY SEVEN EIGHT YEARS AND BAYSIDE LAKES, YOU HAD ST.

BRIER, HOLLYWOOD, ALL THOSE.

IT'S AMAZING HOW MUCH MORE PEOPLE ARE IN THAT AREA.

AND NOW YOU'RE GOING TO STICK AND THAT SMALL AREA, YOU'RE GOING TO STICK ANOTHER FOUR HUNDRED PEOPLE IN THAT AREA.

THE TRAFFIC IS ALREADY BAD ON KOGAN.

THE TRAFFIC GOING BACK AND FORTH WHEN YOU GOT KIDS GOING FROM SCHOOL WAVING AT THE SCHOOL BUS, IT'S ALMOST IMPOSSIBLE TO GET THROUGH THERE, MAKING LEFT HAND TURNS TO GET IN.

THERE IS GOING TO BE IMPOSSIBLE.

SO WHAT I'M SAYING IS I'M NOT AGAINST THE PROJECT ITSELF, I'M AGAINST THE WAY IT'S BEING SET UP. YOU'RE GOING FROM SINGLE FAMILY HOMES TO NOW.

YOU'RE GOING TO HAVE HIGH DENSITY HOMES NOW AT THE BOTTOM AND ONLY 30 SOME HOMES ON THE TOP AND 18 OF THOSE ARE GOING TO AFFECT EVERYONE.

WELLINGTON RESIDENTS, THOSE 18 RESIDENTS DIDN'T BUY IN TO COME THE BAYSIDE LAKES OR PALM BAY TO HAVE SOMEONE BACKED UP TO THEM.

THERE IS HARDLY ANY WOODS IN THAT DEVELOPMENT ANYMORE OR IN BAYSIDE LAKES, AND NOW YOU'RE GOING TO TAKE ANOTHER TWENTY ONE ACRES AND YOU'RE GOING TO STICK ALL THESE LITTLE HOUSES AND THEN MAYBE YOU'RE GOING TO PUT 30 EXTRA SINGLE FAMILY HOMES.

I UNDERSTAND THERE SHOULD BE DEVELOPMENT, BUT YOU CAN'T BE STICKING SO MANY, SO MANY LITTLE PLACES IN SUCH A SMALL SPOT AND DON'T THINK IT'S GOING TO AFFECT THE CITIZENS THAT HAVE BEEN PAYING TAXES THERE FOR HOW LONG.

AND NOW YOU'RE GOING TO STICK ALL THIS THERE.

THERE IS ONLY ENOUGH INFRASTRUCTURE DOWN AT THE BOTTOM.

YOU'VE GOT ONE PUBLICS, YOU'VE GOT TWO GAS STATIONS, YOU'VE GOT A COUPLE, WHATEVER PIZZA PLACES DOWN THERE. THERE IS NOT ENOUGH THINGS THERE TO SUPPLY ANOTHER FOUR WARNER PEOPLE.

IF YOU WOULD SEE WHAT PUBLICS IS LIKE DOWN THERE, YOU CAN HARDLY GET ANYTHING OFF THE SHELVES ANYMORE.

AND THE THING IS, IS THAT WHEN YOU'RE COMING OUT AND YOU'RE TRYING TO DO TRAFFIC, HAVE YOU EVER GONE DOWN THAT WAY RIGHT NOW SINCE THEY PUT IN THE AUTO ZONE AND ALL THE OTHER THINGS THAT WENT THERE, WHICH I HAD NO IDEA WHY WE NEED ANOTHER ZONE? BUT THERE WAS.

YOU CAN'T EVEN IT IS IMPOSSIBLE TO GO DOWN TO THE LIGHT AND NOT SIT THERE FOR A WHILE BEFORE YOU GET TO GO THROUGH IT.

SO WHAT I'M SAYING IS IS THAT I UNDERSTAND THERE'S DEVELOPMENT, BUT TO PUT THAT MANY HOUSES ON THAT LITTLE SPOT AND THEN TO RUIN THE LIVES AND THE LIVELIHOODS OF 18 PEOPLE THAT HAVE BEEN HERE FOR A WHILE IS JUST IT'S NOT RIGHT.

AND I UNDERSTAND YOU WANT MORE PEOPLE LIVING IN IN PALM BAY, BUT BAYSIDE LAKES.

WHEN WE MOVED DOWN HERE, WE WERE TOLD STAY AWAY FROM PALM BAY, STAY AWAY FROM PALM BAY.

IT WAS A BAD REPUTATION.

THE ONLY THING I EVER HEARD WAS IF YOU MOVE THE PALM BAY AND YOU MOVE THE BAYSIDE LAKES, SO YOU WENT TO BAYSIDE LAKES.

ARE YOU TRYING TO MAKE BAYSIDE LAKES INTO SOMETHING THAT IS NOW GOING TO BE UNDESIRABLE? THAT'S WHAT I'M ASKING.

WHY ARE WE PUTTING SO MANY HOMES IN SUCH A LITTLE SPOT? MAKE IT SINGLE FAMILY HOMES, BUT DON'T RUIN THE THE 18 HOMES THAT ARE.

THAT HAVE BEEN THERE FOR A WHILE.

IT'S JUST IT'S NOT RIGHT, IT'S NOT RIGHT.

THANK YOU FOR YOUR TIME. THANK YOU, SIR.

ANYONE ELSE? SIR? IT. ALLAN GERSON.

MY WIFE, KIM, WE MOVED TO THE DEVELOPMENT WHERE FIVE POINT THIRTY SIX DOLLARS DRIVE IN PALM BAY WE LIVE RIGHT NEXT DOOR TO RICH AND SUE.

RICH WAS THE ONE THAT JUST SPOKE.

WE WENT TO ONE OF OUR REASONS FOR SELECTING THE PROPERTY THAT WE DID WAS THE GREEN SPACE RIGHT BEHIND THE HOUSE.

WE CAME OUT THE BACK DOOR AND IT IS A BEAUTIFUL VIEW.

WITHIN 20 FEET OF OUR BACKYARD OR BACK FENCE LINE, WHICH IS ON THE DEVELOPMENT PROPERTY, THERE ARE 20 BEAUTIFUL PINE TREES, LONG NEEDLE PINES.

THEY RANGE IN HEIGHT ANYWHERE FROM 10 FEET TO ABOUT 60 FEET AND FURTHER BACK IN THE IN THE LOT. THERE ARE SOME TREES THAT ARE PROBABLY OVER 100 FEET.

YES, THERE'S LOTS OF, YOU KNOW, BIRDS, SQUIRRELS, RABBITS WE HAVE SEEN, YOU KNOW, OTHER WOODLAND CREATURES.

I'VE OCCASIONALLY SEEN AN EAGLE BACK IN THE WOODS AND WE HAVE A LOT OF HAWKS THAT COME THROUGH THE AREA IN THE SPRING.

IN THE FALL, WE GET THE MIGRATING BIRDS THAT COME DOWN FROM THE NORTH AND THEN MIGRATE BACK UP AND THEY LOVE OUR WOODS.

THERE'S SEVERAL BERRY TREES AND BUSHES IN THAT THAT.

WHEN THE ROBINS COME, THEY SPENT TWO AND A HALF DAYS IN OUR BACKYARD, IN THE PINE TREES, JUST CONSUMING ALL THE BERRIES THAT WERE ON THE BUSHES BEFORE THEY, YOU KNOW, CONTINUED THEIR TREK NORTH.

[02:10:03]

I THINK, YOU KNOW, IT'S A GOOD THING.

BECAUSE BASICALLY, IF YOU CAN BRING UP THE.

OR IF I CAN REFER TO THE MAP OVER HERE.

CAN I JUST.

WOULD YOU LIKE TO? WELL.

PLAY, IF YOU LOOK AT THE DEVELOPMENT.

ACROSS THE STREET LEFT THE GREEN SPACE.

ON CODY. IT'S HOMES HERE.

LIKE THE PROPOSED SLAVE, MORE GREEN SPACE.

AND UP HERE ARE THE LAST THREE LOTS.

WELL, WORKING THE WAY SARA, PLEASE, PLEASE SPEAK AT THE MICROPHONE.

THE LAST THREE BOXES ARE LAID OUT.

THERE'S A THERE'S A QUIRK AND LET ME GIVE YOU EACH COPIES.

IS A REVISED DRAWING THAT'S.

INVITE EXPERT.

IF YOU WOULD GIVE A COPY TO OUR BOARD ATTORNEY.

YOU HAVE A COPY OF A COPY OF WARNER.

IMPORTANT THE.

DRAWING. SO THAT THE PUDDY IS IN THE BOTTOM RIGHT CORNER.

THE LOTS I'M TALKING ABOUT ARE.

WELL, AMBER, WOULD DEVELOPMENT LOTS, NINETEEN, TWENTY AND TWENTY ONE.

IF YOU LOOK AT THE CORNER OF LOT TWENTY ONE.

THERE IS A JOG IN THE PROPERTY LINE THAT GOES OUT ABOUT NINE AND A HALF FEET.

AND WHAT I WOULD PROPOSE UNDER THE REVISED DRAWING, THERE ARE NOW THREE SINGLE FAMILY HOMES PROPOSED FOR THAT AREA, AND THE TRACK C IS LISTED AS THE OPEN SPACE AND RECREATIONAL AREA.

WHAT I'D LIKE TO SEE IS LEAVE A GREEN SPACE UP THERE FOR THE FIRST THREE LOTS.

THERE'S THERE'S ROOM THERE AND YOU COULD MAINTAIN THAT FOR THOSE HOUSES BECAUSE THERE'S ENOUGH SPACE IN THERE TO DO THAT.

AND I FIGURED, YOU KNOW, 20 30 FEET AND IT WON'T INTERFERE WITH THE STORMWATER SEWER.

BUT I TOLD THE DEVELOPERS ABOUT IT.

AND I ALSO LET THE ENGINEER KNOW WHEN WE GOT BACK FROM VACATION BECAUSE I HAD FOUND THAT WHEN THE SURVEYORS WERE AT THE.

DURING THE THE PROPERTY, THE.

STORM WATER SEWER IS LIKE THREE FOOT BY FOUR FOOT.

UH, WITH A METAL GRATE, IT'S ABOUT FOUR, MAYBE FIVE FEET DEEP.

RL LANCE SURVEYORS WERE OUT AND ACTUALLY GOT, YOU KNOW, DETAILS ON THE EXACT LOCATION OF IT. BUT IT'S LIKE NINE TO 12 FEET IN THEIR PROPERTY LINE, RIGHT ALONG MY FENCE LINE BETWEEN WHAT'S TWENTY AND TWENTY ONE ON THE AMBER WOOD.

AND THERE'S ENOUGH SPACE THERE THAT IF YOU LEFT LIKE A 20 TO 30 FOOT GREEN SPACE FOR THOSE LAST THREE LOTS THAT WOULD MAINTAIN IT, IT WOULDN'T INTERFERE WITH IT, THE THREE BUILDING LOTS UP AT THE TOP, THE REST OF THE.

THE LAND GOING DOWN, THE DEVELOPER WAS PLANNING ON PUTTING A FOOT FENCE 10 FEET IN FROM THE EDGE OF THE PROPERTY LINE.

AND JUST HAVE THAT COME OUT? ALONG THAT 10 FOOT SECTION, BUT THEN SWING IT, YOU KNOW, LIKE A STRAIGHT LINE OUT.

AND THAT WOULD GIVE US SOME GREEN SPACE THAT WOULD SATISFY THREE OF THE NEIGHBORS THAT WON'T INTERFERE WITH THE EXISTING STORMWATER SEWER AND MAY HELP THE DRAINAGE.

THE EXISTING ELEVATIONS OF OUR LOTS IS ABOUT 25 FEET.

THE PROPERTY SLOPES DOWNHILL ANYWHERE FROM SIX INCHES TO ABOUT TWO AND A HALF FEET GOING INTO THEIR LAND.

UH, TWO WEEKS AGO, WE HAD A LARGE STORM OVER THE WEEKEND THAT, YOU KNOW, WE'RE DAYTONA GOT WHAT WAS A 12 INCHES OF RAIN OVER THE OVER ONE DAY PERIOD.

WE GOT ABOUT THREE INCHES OF RAIN AND ALONG OUR FENCE LINES, WE GET FLOODING AS IT IS,

[02:15:01]

SO I THINK, YOU KNOW, WORKING WITH THE DEVELOPER, IF THEY LEFT THE GREEN SPACE, I THINK IT'LL SATISFY THREE OF US NEIGHBORS AND THERE'S ENOUGH ROOM FOR THEM TO DO THAT.

THERE'S NO INDICATION WHAT THEY'RE PLANNING FOR THAT OPEN SPACE OR RECREATIONAL AREA, BUT DUE TO THE ODD CONFIGURATION OF THE LOT, I THINK IT REALLY COULDN'T PUT MUCH IN THERE ANYWAY. AND WOULD LIKE TO LEAVE AS MANY OF THE EXISTING TREES THIS WAY, THEY DON'T HAVE TO LEVEL EVERYTHING DOWN LIKE THEY'VE DONE IN SO MANY OTHER LOTS THAT I'VE SEEN, YOU KNOW WHERE THEY'RE DOING DEVELOPMENT.

AND THEN HAVE TO GO BACK IN AND REPLANT.

I KNOW ARRL WHEN THEY WERE OUT DOING THE LAND SURVEY SURVEYORS WERE ACTUALLY MARKING TREES THAT ARE MORE THAN FOUR.

FOUR INCHES IN DIAMETER FOR POSSIBLE DEMOLITION, AND AS I UNDERSTAND IT, I THINK THEY HAVE TO REPLACE LIKE ABOUT 25 PERCENT OF THE TREES IF THEY TAKE OUT BIG TREES.

WHY DON'T YOU IF THEY LEFT A WHITE OR GREEN SPACE IN THAT, YOU KNOW, THREE LOT AREA THAT, YOU KNOW, SAVED THE DEVELOPER A LOT OF PLANNING OF NEW TREES? AND IT WOULD KEEP SOME OF US HAPPY.

SO THAT'S ABOUT ALL I HAVE TO SAY.

ALSO FOR THE STORM STORE, STORM WATER, SIR, I HAVE AN ORIGINAL DRAWING AND I ONLY HAVE ONE COPY OF THAT. THIS IS FOR AMBER WOOD AT BAYSIDE LAKES.

IT SHOWS THAT THERE WAS A FIVE FOOT EASEMENT ON EITHER SIDE OF HER LOTS.

WHAT? UH.

TWENTY AND TWENTY ONE.

RIGHT ON OUR FENCE LINE AND.

THAT EASEMENT, I ASSUME, GOES TO THAT STORM SEWER.

IT'S ON THEIR PROPERTY.

THAT STORM SIR APPEARS TO GO OUT TO DELAY OR DRIVE THE STORM WATER, CATCH BASIN ON THE STREET. THERE'S ANOTHER ONE ON THE OTHER SIDE OF THE STREET AND THEN IT APPEARS THERE'S AN OVERFLOW THAT GOES DIRECTLY TO THE BIG POND BACK BEHIND THE OTHER SIDE OF THE ALERT.

SO I THINK THE DRAINAGE FROM PART OF THEIR PROPERTY GOES OVER INTO THE M-WORD AMBER WITH A BIG POND, WHICH THEN GETS PUMPED OVER TO.

WHEREVER THE STORM WATER GOES.

BUT I COULDN'T FIND ANY ANYONE IN THE I TALKED TO SOMEBODY THAT WAS OUT FROM PALM BAY UTILITIES AND THEY SAID THEY HAD NO RECORD ON IT.

AND ON THE DRAWING THERE, IT SHOWS THAT THERE WAS AN EASEMENT THAT WAS PUT IN.

BUT IT DOESN'T SHOW THAT THEY BUILD ANYTHING ON THE PROPERTY THAT'S GOING TO BE DEVELOPED. BUT ALL I'VE GOT.

YOUR ANALYSIS, GENTLEMEN, THE QUESTION, YES, I JUST HAVE A QUICK CLARIFICATION, SO YOU'RE SAYING THAT YOU'RE REQUESTING THEM TO PUT A GUESS LIKE 10 FOOT OR SO TREES REMAINING BEHIND WELL IN YOUR HOMES, IF THEY IF RIGHT NOW THEY'RE PLANNING ON PUTTING A FENCE LINE AT? UH, TEN FEET.

FROM THEIR PROPERTY LINE INTO THEIR PROPERTY, A SOLID FENCE, AND I GUESS USE IT AS A UTILITY EASEMENT OR WHATEVER ALONG THE BACK.

SOUTHERN BOUNDARY, WHICH.

CLASS THREE OR SIR, SIR, PLEASE STAY AT THE PODIUM.

YEAH, OK, I JUST WANT TO FIGURE OUT THE LAST THREE THAT YOU SAID IT WOULD JUST BENEFIT THOSE THREE, BECAUSE THE WAY THERE THERE ARE A LOT PLAN IS LAID OUT.

THEY DON'T HAVE ENOUGH ROOM FOR THE OTHER 15 HOUSES.

OK, GUYS.

OK, UNDERSTOOD. THANK YOU.

THANK YOU, SIR. IS THERE ANYONE ELSE WHO WISHED TO SPEAK? NO, SIR. YOU'VE ALREADY HAD THE OPPORTUNITY YOU GET.

YOU GET ONE BITE OF THE APPLE.

OK. IS THERE ANYONE ELSE WHO IS THE MA'AM? YES, HI, I'M KIM JORDAN, I LIVE AT FIVE THIRTY SIX DOLLARS DRIVE SOUTH.

PLEASE SPEAK INTO THE MICROPHONE.

I'M SORRY. I'LL DO IT THIS WAY FOR ALL OF YOU.

NOW WE CAN HEAR YOU. MY NAME IS KIM GERSON.

I LIVE AT FIVE THIRTY SIX DILLER DRIVE SOUTHEAST.

AND WE DID WITH MR. BASFORD HERE.

THE QUESTION I HAD AND I NEEDED CLARIFICATION WAS THE FENCING WHEN WE MET WITH MR. BASFORD. HE INDICATED THAT THE FENCING THERE WOULD BE LIKE OUR PROPERTY LINE, SOME BUFFER OF SOME WOODED TREES, PALMS, WHATEVER YOU KNOW, THEY WANTED TO LEAVE AND THEN ANOTHER FENCE. MY QUESTION WAS TO HIM, WHAT KIND OF FENCE?

[02:20:06]

BUT I BELIEVE IF I'M CORRECT, THEY WERE TOLD AT THE LITTLE NEIGHBORHOOD MEETING AND SUBSEQUENTLY THROUGH OTHER COMMUNICATION WITH THE DEVELOPER THAT IT WOULD BE A SIX FOOT SOLID FENCE.

SO I JUST WANTED TO SEE WHAT THE CLARIFICATION ON.

WELL, WE'LL HAVE MR. BASRAH RESPOND AND THEN AND THE PRIVACY ISSUE.

THAT'S WHY WE'RE SO CONCERNED WITH THAT BUFFER BACK THERE.

THAT'S WHY WE BOUGHT THE HOUSE FOR THE PRIVACY AND THE BEAUTY OF IT, THE GREEN SPACE.

AND WE WE'VE ONLY LIVED THERE ABOUT TWO AND A HALF YEARS, BUT THAT'S KIND OF STUFF YOU CAN'T PUT A PRICE TAG ON.

IS THAT BEAUTY, THE PEACEFULNESS AND THE PRIVACY.

SO THOSE WERE ISSUES WE WANTED TO WORK IN CONJUNCTION WITH THE DEVELOPER TO ADDRESS.

AND THANK YOU FOR LISTENING.

THANK YOU. SARAH, YOU WANTED TO SPEAK.

GOOD EVENING, THANKS FOR ALLOWING ME TO SPEAK.

MY NAME IS GARY CHANEY.

I HAVE A TWO NINETY SIX ABERNATHY CIRCLE AND HOLLY TREE SUBDIVISION.

I WAS THE FIRST HOUSE IN THAT SUBDIVISION AND I KIND OF LOOK DIRECTLY AT THIS PARCEL OF LAND. I WORKED FOR BEN JEFFRIES BAYSIDE LAKES DEVELOPMENT, SO I'VE KIND OF BEEN WITH THE DEVELOPMENT FROM DAY ONE FROM 2001 AND KIND OF SEEING THE VISION BAYSIDE WAS REALLY SOMETHING PALM BAY WAS PROUD OF.

IT WAS A DIFFERENT TYPE OF COMMUNITY TO KIND OF TAKE PALM BAY TO A DIFFERENT AND IT'S A VERY WELL LAID OUT COMMUNITY, AND BEN HELPED ME PICK THAT LOT.

YOU'RE GOING TO BE LOOKING AT A CHURCH, YOU KNOW, ABOUT A HOUSE, A CHURCH ACROSS THE AND WE ONLY HAVE ONE SMALL CHURCH IN OUR COMMUNITY FOR, YOU KNOW.

WE NEED WE DON'T NEED MORE RESIDENTIAL HOMES, WE NEED MORE PUBLIC SERVICE.

COMMERCIAL PROPERTY.

THAT'S WHAT'S LACKING. SO I LIKE BEN JEFFRIES.

I WORKED AT THE GOLF COURSE.

HE DICED IT UP, RUINED THE GOLF COURSE.

IT WAS A GREAT ARNOLD PALMER GOLF COURSE.

NOW IT'S JUST A GOLF COURSE.

THERE'S NOTHING SPECIAL AND I THINK YOU'RE GOING TO DO THE SAME THING TO BAYSIDE IF YOU MAKE THESE DECISIONS OVER TIME AND JUST CHANGE WHAT THE VISION WAS.

YOU KNOW, WE DON'T NEED MORE RESIDENTS.

WE NEED MORE COMMERCIAL AND TOWNHOMES.

I MEAN, WHAT'S THE WHAT'S THE.

CRIME RATE IS STATISTICS FOR WHAT CRIME GOES UP FROM TOWN HOMES AND DEVELOPMENTS, I'M SURE THERE'S DATA THAT I'D LIKE TO SEE RESEARCHED.

UM, I THINK THERE'S A TOWNHOME OFF BAYSIDE LAKES THAT THEY ALLOWED BY THE COMMUNITY CENTER THERE THAT HASN'T BEEN DEVELOPED.

SO THERE'S ALREADY A PLAN FOR TOWN HOMES IN THAT DEVELOPMENT.

BUT I KNOW THAT WAS SUPPOSED TO BE IN A CHURCH.

WE NEED A CHURCH. WE HAVE ONE SMALL CHURCH IN OUR COMMUNITY AND THE WILDLIFE, YOU KNOW, THERE'S TWO BALD EAGLES RIGHT THERE, ABOUT THIRTY FIVE WOOD DUCKS IN THE WINTERTIME.

I MEAN, JUST LIKE A LOT OF PEOPLE ARE MOVING TO FLORIDA, THE ANIMALS ARE MOVING FORWARD AT TWO, SO THAT'S ALL.

THANK YOU. THANK YOU, SIR.

ANYONE ELSE WHO WISHES TO SPEAK? YOU KNOW. GILBERT IN 586 OCEAN SPRAY STREET, SOUTHWEST.

AND SHOULD WE GET A LITTLE BIT OF A HISTORY HERE, WHEN I MOVED HERE, THERE WAS NO BAYSIDE LAKES. IN FACT, THE DEVELOPMENT WAS WHAT YOU NOW CALL THE COMPOUND.

THAT'S WHERE THE DEVELOPMENT AREA WAS ACTUALLY AT BAYSIDE LAKES, WHICH WAS NOT EVEN A TALKED ABOUT IDENTITY.

HUH. THERE WAS NO ONE IN BAYSIDE LAKE STARTED BEING CONSIDERED AND BROUGHT IN.

WELL, THE CROSSROADS WHICH HAD BEEN L DRAWN AND KOGAN, THEY WERE SUPPOSED TO PASS THROUGH WHAT WE NOW CONSIDER BAYSIDE LAKES.

SO BUT THEY SAID, WELL, FOR THIS DEVELOPMENT, WE DON'T EVEN THEY PLANNED THE WHOLE THING.

WE DON'T EVEN WANT CROSS TRAFFIC COMING THROUGH OUR BAYSIDE LAKES, AND SO THAT WAS ACCOMPLISHED. SO THAT'S ANOTHER NEGATIVE.

BAYSIDE LAKES WAS FULLY DESIGNED OUT AS A FULL PLANNED COMMUNITY.

EVERYTHING FROM SHOPPING CENTERS TO HAPPEN ALL THE WAY DOWN THE LINE.

THAT'S WHAT THE PROPOSAL IN THE PLAN WAS, AND THAT'S THE WAY IT WAS PRESENTED.

WELL, WE WATCHED AS I WATCHED OVER THE YEARS, BEST LAID PLANS IN THE CITY DON'T ALWAYS COME OUT THE WAY YOU BY THINKING IT'S GOING TO BE.

DO YOU KNOW HOW MANY RESIDENTS IN PALM BAY SOUGHT WITH?

[02:25:01]

THE PERSON WHO SOLD ME THE LOT SAID THIS WILL NEVER BE BUILT.

GUESS WHAT? IT'S CALLED LAND OWNER RIGHTS.

LAND OWNER RIGHTS GET TO DO WHAT THEY WANT WITH THEIR LAND WITHIN REASON.

ALL RIGHT. THAT BEING SAID.

MY CONCERN ABOUT THIS ONE WAS HE WAS RIGHT, IT WAS ORIGINALLY PLANNED OUT TO BE A CHURCH.

THE PERSON BOUGHT THE LAND 20 ACRES TO BE A CHURCH OR LET'S JUST PUT IT THIS WAY.

CHURCH'S PROPERTY.

AS A RESULT OF THE FACT THAT IT IS CHURCH'S PROPERTY, THEY'RE PAYING ZERO TAXES ON THIS AT THIS TIME, SO THEY'RE GETTING THEIR.

RELIGIOUS EXEMPTION ON THIS PROPERTY, NO TAX DOLLARS IS COMING IN OUT OF EMERALD, I MEAN, OUT OF BAYSIDE LAKES, WHICH IS SUPPOSED TO BE THE COMMUNITY THAT WAS GOING TO GENERATE US ALL THIS REVENUE FOR THE CITY OF PALM BAY, IT DIDN'T HAPPEN.

THERE'S ZERO TAX DOLLARS OFF OF THIS 20 ACRES.

WHEN THEY BUILT, WHEN THEY CHANGE ON THIS.

MY CONCERN IS GOING TO BE BECAUSE I NOTICED ON ONE OF THE NAMES THAT IT'S SIGNATORY DIOCESES THAT'LL STILL KEEP IT UNDER SOME KIND OF RELIGIOUS ORGANIZATION.

ARE THEY GOING TO BE TAX EXEMPT FOR THIS DEVELOPMENT IF IT DOES HAPPEN? THAT'S WHERE MY BIG CONCERN IS BECAUSE I WANT TO SEE IF DEVELOPMENT COMES, WE'RE GOING TO SEE IT. BUT I WANT TO SEE REVENUE SOMEHOW COME INTO PAY MY HELP PAY THE TAXES WITHIN THE CITY OF PALM BAY AS IT STANDS NOW BECAUSE IT IS THE DIOCESE OF ORLANDO.

THERE IS ZERO TAX DOLLARS COMING INTO THE CITY OFF OF THIS PROPERTY.

AND THEN FOR THE INDIVIDUALS THAT DID BUY AND LIVE THERE FOR THIS SHORT PERIOD OF TIME, THE BAYSIDE LAKES HAS BEEN HERE BY MY STANDARDS.

SHORT PERIOD OF TIME, I FEEL SORRY FOR THOSE THAT LOOK OUT AND SEE THEIR NATURE DISAPPEARING. BUT MY PHILOSOPHY IS IF YOU WANT TO SEE THE NATURE, YOU BUY THOSE ONE ACRE LOTS, YOU BUY THOSE TWO ACRE LOTS, AND THAT'S WHERE YOU GET YOUR NATURE.

YOU OWN IT.

AND TODAY'S SOCIETY, THE ONLY WAY YOU'RE GOING TO BE ABLE TO KEEP YOUR NATURE IS IF YOU OWN IT BECAUSE IT'S ALL DISAPPEARING.

AND THAT'S WHAT I GO BACK TO.

RURAL RESIDENTIAL IS DISAPPEARING.

THIS WAS NO MORE THAN A BIG PRESERVE WHEN I MOVED HERE.

AND NOW THAT'S WHAT YOU HAVE WHEN WE'RE COMPLAINING ABOUT WHAT HAPPENED OUT OF THE THOUSANDS OF ACRES THAT THE BAYSIDE LAKES CAME IN TO BE WORRIED ABOUT.

20. THANK YOU.

THANK YOU, BILL. IS THERE ANYONE ELSE WHO WISHES TO SPEAK, MA'AM? HI, MY NAME IS KIM CHANEY, TWO NINETY SIX, ABERNATHY CIRCLE, MY HUSBAND, GARY, CAME UP HERE TO TALK ABOUT THE LAND WHEN WE FIRST MOVED HERE 14 YEARS AGO.

I APPRECIATE YOU FOR.

APPRECIATE YOU LISTENING TO ME TONIGHT.

I JUST WANTED TO TELL YOU THAT THE WILDLIFE, IF YOU LOOK AT THIS MAP, ALL OF THAT DEVELOPMENT THAT'S HAPPENED, ALL THOSE ANIMALS HAVE GONE TO WHERE THEY'RE BUILDING RIGHT NOW. THEY'RE IN THAT VICINITY.

AND THE ONLY OTHER PLACE THEY HAVE IS ON THE OPPOSITE SIDE OF THE WATER PLANT.

AND THAT'S THAT'S THAT'S IT.

BUT WHEN YOU PUT THAT ROAD IN THERE TO GO TO THE GROUP, THEN THEY'RE GOING TO DEVELOP THAT LAND. THERE'S NO PLACE FOR THOSE ANIMALS TO GO ANYMORE.

I SEE DEAD ANIMALS LEFT AND RIGHT DOWN, DOWN KOGA AND DOWN ALL THOSE OTHER STREETS THAT WE GO DOWN IN BAYSIDE.

THEY'RE ALWAYS GETTING HIT TURTLES, DEAR DEAR ACROSS THE ROAD IN BAYSIDE.

BUT WE HAVE IT RIGHT OUTSIDE OUR BACKYARD.

WE HAVE DEER THAT COME RIGHT UP TO OUR HOUSE.

THOSE DEER LIVE ACROSS THE STREET IN THAT LAND THAT THEY'RE GOING TO DEVELOP.

THERE'S NO PLACE FOR THEM TO GO, BUT ON THE OTHER SIDE OF THAT WATER PLANT.

I JUST WANTED YOU TO KNOW HOW IMPORTANT IT IS FOR WILDLIFE TO SURVIVE, AND THEY'RE NOT GOING TO SURVIVE IN THIS ENVIRONMENT IF THEY KEEP DEVELOPING THIS LAND HERE.

THERE'S NOT GOING TO BE ANYTHING LEFT.

SO I JUST WANTED TO BRING THAT ATTENTION TO YOU BECAUSE WILDLIFE DOES MATTER.

IT DOES. IT REALLY DOES.

AND THE TREES AND STUFF THAT HELPS US BREATHE.

I MEAN, YOU HAVE TO SEE THE IMPACT IT'S GOING TO HAVE ON THE ON THE ENVIRONMENT.

PRETTY SOON, THERE'S NOT GOING TO BE ANYTHING LEFT AND WE'RE NOT GOING TO HAVE ANYTHING TO BREATHE. WE'RE NOT GOING TO SEE ANIMALS ANYMORE.

SO I JUST I JUST HATE THAT OUR SOCIETY DOES THIS TO OUR TO THESE LIVING THINGS THAT NEED THEIR SPACE TO.

I MEAN, THEY WERE THERE FIRST.

SO THANK YOU AND GOD BLESS.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK? NO, NO, CLOSE THE PUBLIC HEARING.

MR., DID YOU WANT TO RESPOND? BILL ALWAYS RESPOND TO ONE THING THAT YOU MENTIONED.

THE DIOCESE OF ORLANDO IS THE SELLER OF THIS PROPERTY.

THEY WILL NO LONGER RETURN ANY OWNERSHIP RIGHTS, SO IT WILL BE TAXABLE PROPERTY.

FOR. HE HEADED THAT OFF FOR ME, THANK YOU.

UM, SO I'M NOT SURE WHAT DOCUMENT WAS GIVEN TO YOU BY THE SECOND SPEAKER TONIGHT, BUT

[02:30:01]

I WANT TO GO AHEAD AND SHARE WHAT WE WOULD LIKE TO GIVE THE STAFF IN LISTENING TONIGHT.

IT SOUNDS LIKE MAYBE WE NEED TO HAVE A FEW MORE DISCUSSIONS.

WE FELT THAT THIS ACTUALLY ADDRESSED EVERYTHING THAT THEY'LL THAT THEY BROUGHT UP.

SO I'M GOING TO HAND THESE OUT AND THEN I'LL TALK THROUGH IT A LITTLE BIT.

I'LL SEND IT TO YOU. I'D ONLY MADE EIGHT.

SO IF YOU'LL TAKE A LOOK AT THAT, THAT'S WHAT I DESCRIBED EARLIER.

AND I BELIEVE, AT LEAST IN PART, IS WHAT WAS DELIVERED TO YOU, JUST A SLIGHTLY LARGER VERSION. SO UP THERE, WHERE LOTS OF NINETEEN, TWENTY AND TWENTY ONE ARE, YOU'LL SEE THAT GREEN SPACE THAT'S ALREADY SET ASIDE.

THAT'S THAT'S WHERE THE RECREATIONAL AREA THAT WE DISCUSSED EARLIER WAS, EXCUSE ME.

AND WE ARE PLANNING ON LEAVING THAT AS GREEN SPACE.

THERE'S NO REASON FOR US TO DEVELOP IT OR EXTEND THE LOTS END TO IT.

WE WOULD LIKE TO KEEP THAT AS GREEN SPACE JUST AS MUCH AS ANYBODY ELSE.

A COUPLE OF THINGS. I WANTED TO MAKE ONE SMALL CLARIFICATION.

HOPEFULLY, I DIDN'T MISSPEAK.

WHAT I SAID WAS AT THE MEETING THAT IT STARTED OUT VERY CONTENTIOUS AND THAT WE RECEIVED A LOT OF POSITIVE FEEDBACK AND BY FEEDBACK.

WHAT I MEAN IS THEY HAD A COUPLE OF SUGGESTIONS.

ONE WAS A RECREATIONAL AREA AND THINGS LIKE THAT, AND IT WAS WE TOOK THOSE INTO CONSIDERATION. I'VE BEEN TO A LOT OF THESE AND THEY ASK FOR ALL SORTS OF THINGS THAT WE JUST CAN'T DO HERE.

ELIMINATE 10 LOTS BECAUSE I WON'T GREEN SPACE.

WELL, IT'S NOT YOUR LAND, AND THAT'S MORE WHAT I WAS TRYING TO CONVEY.

IT'S ALREADY BEEN STATED A LITTLE BIT, BUT I'LL REITERATE THAT IF THERE IS A FLORIDA PANTHER OUT THERE, OBVIOUSLY WE WOULD HAVE TO ADDRESS THAT DURING OUR ENVIRONMENTAL ASSESSMENT. EAGLES ARE FEDERALLY TRACKED AND ARE LISTED ON THE BREVARD COUNTY WEBSITE.

THE CLOSEST EAGLE TO THIS AREA IS AND WE DISCUSS THIS AT THE COMMUNITY PARTICIPATION MEETING. THE CLOSEST ONES IN GRANT PARK AREA ON MY OTHER PROJECT, EAGLE CREST OF VALKYRIE ROAD. THAT DOESN'T MEAN THAT THEY DON'T SEE THEM.

THEY HAVE ABOUT A 10 MILE HUNTING RANGE, SO THEY WILL FLY IN ALL SORTS OF DIFFERENT DIRECTIONS TO HUNT SINGLE FAMILY VERSUS TOWN HOMES.

WE PUT IN THE TOWNHOMES AT THE RECOMMENDATION OF THE CITY STAFF, AND THAT'S IN ORDER TO PROVIDE MULTIPLE DIFFERENT TYPES OF LIVING UNIT.

IF IF THAT'S SOMETHING THAT HUMANLY OPPOSED, WE WOULD WORK WITH THE CITY STAFF TO COME UP WITH AN AMENDED PLAN. ONE OF THE OTHER THINGS I DID WANT TO GO AHEAD AND TALK TO AS WELL.

WE'RE ALREADY PROPOSING A 10 FOOT BUFFER ALONG ALL THOSE LOTS.

THAT DOES NOT MEAN THAT EVERY SINGLE ONE OF THE TREES WILL BE ABLE TO BE SAVED.

AS I'VE ALREADY STATED, WE WOULD LIKE TO SAVE AS MANY OF THOSE TREES AS POSSIBLE.

THE REASON THAT THERE'S A CAVEAT THERE IS IN CITY CODE AND ST.

JOHN'S CODE. WE'RE NOT ALLOWED TO ADVERSELY IMPACT THE DRAINAGE.

SO TYPICALLY WHEN YOU'RE TWO DEVELOPMENTS DEVELOP, THEY DEVELOP TWO TO THREE, SOMETIMES AS MANY AS FOUR OR FIVE FEET ABOVE EXISTING GRADE.

AND IN DOING SO, WE'RE NOT ALLOWED TO CREATE A DITCH BETWEEN THE TWO PROPERTIES.

WE WANT TO KEEP THE TREES.

BUT IF I HAVE TO PUT A PIPE IN TO MAKE SURE THAT THAT WATER GETS OUT AND EVERYTHING STAYS PROPERLY HYDRATED AND DOESN'T BECOME A WETLAND, THEN OBVIOUSLY ONE, YOU KNOW, SOME OF THE TREES WOULD HAVE TO COME OUT IF THAT'S REQUIRED.

I DID WANT TO MAKE ONE CLARIFICATION.

HOPEFULLY I DID NOT MISSPEAK IN THE SECOND MEETING THAT I HAD WITH Y'ALL.

THERE HAS BEEN SEVERAL DISCUSSIONS ABOUT WHERE THE FENCE WOULD BE PLACED IN THE ORIGINAL CITIZEN PARTICIPATION MEETING.

WE HAD SAID THAT WE WOULD PUT THE FENCE AGAINST THEIR BOUNDARY, AND THE REASON FOR THAT IS IF WE PUT IT ON OUR RESIDENTIAL LOTS.

AS YOU'RE LOOKING AT IT THERE AGAINST AMBER, WOULD THAT WOULD CREATE A MAINTENANCE ISSUE? AND THE AND THE REASON THAT IT'S A MAINTENANCE ISSUE IS THAT WE NO LONGER HAVE ACCESS TO IT. SO HOW DO WE MAINTAIN IT? SO THAT'S WHY THE FENCE WOULD BE UP AGAINST THEIR PROPERTY.

THE MATERIAL AND TYPE IS SOMEWHAT IRRELEVANT TO US.

I TRIED TO DESCRIBE IT EARLIER, BUT WHAT WE WOULD LIKE TO DO IS MATCH WHATEVER'S OUT THERE IN DISCUSSIONS WITH SOME OF THEM HAVE, AND I FORGET THE EXACT NOMENCLATURE OF SOME OF THEM. SOME OF THEM ARE COMPLETELY OPAQUE.

[02:35:01]

I DON'T KNOW IF THEY HAVE TO PUT IT TO A VOTE BY THE HOWARE OR SOMETHING LIKE THAT, SO LONG AS IT'S NOT MADE OUT OF GOLD OR I MEAN, WITHIN REASON, YOU KNOW, WE WOULD CERTAINLY ACCOMMODATE THAT. YOU ALREADY TALKED TO THE RELIGIOUS ONES.

SO IF YOU'VE GOT ANY OTHER FURTHER QUESTIONS, I'LL ANSWER THOSE.

BUT I THINK I ADDRESSED ALL OF THE ONES THAT I REMEMBER HEARING.

WHAT HAVE ANY OTHER QUESTIONS, MR BEDFORD, I DO MR. CHAIR. SO TRACK, SEE, IS THAT GOING TO YOU SAY THAT'S GOING TO BE A GREEN SPACE, ARE YOU GOING TO LEAVE THE NATURAL, THE TREES AND SOME OF THE SHRUBS THAT ARE TO THE GREATEST EXTENT POSSIBLE? AND ONE CLARIFICATION BECAUSE I DIDN'T CATCH IT UNTIL AFTER I STARTED TALKING. OH, YOU SAID SHRUBS.

AND IF SOMETHING NEEDS TO BE MAINTAINED OR CLEANED, THEY, AS THEY DESCRIBED EARLIER THAT DRAINAGE STRUCTURE IS WITHIN THAT TRACK THERE.

SO IF THAT NEEDS TO BE MAINTAINED OR SOMETHING, THEN WE WOULD TAKE THAT OUT.

SHRUBS, THAT IS. BUT WE WANT TO KEEP THE TREES IN THAT PARTICULAR AREA JUST AS MUCH AS THEY DO. HAVE A QUICK QUESTION, JUST FOR CLARIFICATION, I GUESS I'M NOT SEEING IT.

THERE'S A FENCE THAT THEY CURRENTLY HAVE AND YOU'RE GOING TO PUT YOURS BESIDE IT OR AFTER THE. NO, NO, NO, WE WOULD.

AND I DON'T WANT TO MISSPEAK.

BUT THE INTENT WOULD BE IF THEY ALREADY HAVE A FENCE, WE WOULDN'T DUPLICATE IT, BUT WE'RE GOING TO TRY AND MATCH IT.

SO IF PEOPLE HAVE A SOLID, OPAQUE, THEN WE WOULD DO A SOLID, OPAQUE.

SORRY IF I MISSPOKE.

OK, THANK YOU, MR. BRADFORD, I WILL A PUBLIC HEARING AT THIS TIME WOULD BRING IT BACK TO THE BOARD OF OUR A MOTION.

A MOTION, PLEASE. A MOTION TO APPROVE CP DASH 17, 20, 20, ONE COMPARE SUBJECT TO STAFF COMMENTS AND.

I CAN. OCEAN FROM CASE SECOND FROM RICHARD, ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY.

PATRICK. WELL, THANK YOU.

EVERYBODY'S NAME, YOU KNOW.

SURE, HOUSE, THE TOWN HOUSE TONIGHT.

YOU GIVE A [EXPLETIVE] ABOUT ANYBODY.

SURE. I'LL ASK YOU TO PLEASE LEAVE THE ROOM.

YEAH, HERE WHITE COME THROUGH WITH.

THE ROYAL WAS POUNDS OF [EXPLETIVE] IN A FIVE POUND BAG AT.

YOU'RE ALL WORTHLESS.

[INAUDIBLE] AND DON'T COME BACK TO TAXES, I PAY YOUR [EXPLETIVE] WAGES.

THESE ARE VOLUNTEERS YOU [EXPLETIVE].

ALL RIGHT. ALL RIGHT.

ALL RIGHT, THAT'S THAT'S ENOUGH.

NO. SIR.

SIR, SOMETIMES GOVERNMENT.

SIR . IT'S ENOUGH. NOW, I UNDERSTAND, BUT.

DON'T DON'T DEAL WITH THEM.

WANT ME TO GO? THAT'S ALL RIGHT, SIR.

PATRICK. MR. DEPUTY CITY ATTORNEY IS GOING TO.

CALLING. AND LET ME SAY ONE THING, SIR, AND THE RESCUE TO RESCUE FOLKS.

NO, I'M NOT. I JUST WANT TO ADDRESS YOU IS YOU KNOW WHAT, WHAT, WHAT BILL, WHAT BILL, WHAT BILL SAID IS RIGHT.

I UNDERSTAND, YOU KNOW, YOU WANT GREENERY, YOU DON'T WANT HOMES BEHIND YOU AND ALL THAT KIND OF STUFF. BUT THEY ARE.

THERE ARE THE OWNER OF THAT PROPERTY.

THE BUYER OF THAT PROPERTY HAS THE RIGHT TO BUILD ON IT.

THAT'S THE THING. AND WHEN YOU BOUGHT THAT PROPERTY, IF YOU WANTED PROPERTY THAT BACK TO PRESERVE, BUY LAND THAT BACKS IT, PRESERVE.

YOU KNOW, I UNDERSTAND IT'S NOT ALWAYS EASY, BUT IF THE PERSON WHO WAS LOOKING AT THAT HOUSE WHERE YOU BUILT BEFORE YOU BUILT IT, IT WAS BEAUTIFUL GREEN AREA.

MAYBE THEY DIDN'T WANT YOU TO BUILD THAT HOUSE, OR DO YOU UNDERSTAND WHAT I'M SAYING? YOU GOT TO UNDERSTAND THIS SITUATION BUILDING AROUND HIS HOUSE ACTUALLY GO UP.

[02:40:03]

AND WE DO, WE DO. SPACE.

I UNDERSTAND.

I UNDERSTAND WHERE YOU'RE COMING FROM, BUT WHEN YOU HAVE AN OLDER HOME AND YOU'RE PUTTING NEWER HOMES AROUND, IT STARTS SELLING THOSE HOMES, THAT PROPERTY GOES UP.

MY PROPERTY NOW, WHEN SOMEONE GOES THERE, THEY'RE GOING TO LOOK AT THAT TIME.

OH WHAT? I DON'T WANT TO HELP. I DO.

I'M ONLY GOING TO GET. THAT'S WHERE I'M COMING.

SAY ALL YOU WANT, THAT EVERYTHING I UNDERSTAND DEVELOPMENT HAPPEN, BUT IS MONEY SITUATION. I AM.

I GOT TO LOOK AT MY PARTY.

I'M RETIRED. I UNDERSTAND.

I UNDERSTAND YOUR CONCERN.

I UNDERSTAND WHERE HE'S COMING FROM.

OH, I LIVED HERE ALL MY LIFE AND THINGS GREW.

BUT ONE THING IS TRUE AND IN TRUTH, YOUR PROPERTY THAT THIS ISN'T IMPROVING MY PROPERTY.

I UNDERSTAND YOUR CONCERN, SIR.

ALL RIGHT, PATRICK.

THANK YOU. THANK YOU.

LET ME GO TALK. OKAY. ALL RIGHT.

THANK YOU. ALL RIGHT, PATRICK.

SO THE LAST CASE ON THE AGENDA IS CASE PD FIFTY TWENTY TWENTY ONE.

THIS IS THE COMPANION REZONING REQUEST FOR A PLANNING AND DEVELOPMENT.

IT'S THE SAME BACKGROUND, SAME LOCATION, SAME PROPERTY, SAME APPLICANT.

SO I'LL GO BACK TO THE ANALYSIS SECTION.

SPECIFICALLY, THE DEVELOPMENT PLAN.

PD ONE PROPOSES ONE HUNDRED AND TWENTY THREE UNITS TO BE NAMED THE LANDING SPEED.

A TOTAL UNIT COUNT IS COMPRISED OF EIGHTY EIGHT TOWNHOME UNITS IN THIRTY FIVE SINGLE FAMILY HOMES. THERE ARE NO COMMERCIAL USES INCLUDED IN THIS PROJECT, ACCORDING TO THE EXHIBIT. A SINGLE FAMILY HOMES WILL BE CONSTRUCTED ALONG THE EASTERN PORTION OF THE SITE ADJACENT TO THE EXISTING AND BURWOOD NEIGHBORHOOD.

A LOT SIZES ARE IDENTICAL TO THOSE IN EVERWOOD, 50 FEET WIDE BY 120 FEET DEEP.

THE TOWNHOME BUILDINGS UNITS WILL BE CONSTRUCTED WITHIN THE CENTER IN WESTERN PORTIONS OF THE SITE. ALTHOUGH MINIMUM SIZES HAVE NOT BEEN PROVIDED, THEY WILL BE REQUIRED TO MEET THE MINIMUM ESTABLISHED IN THE PD ZONING DISTRICT.

INTERCONNECTED DRY RETENTION AND WET DETENTION PONDS LOCATED IN THE MIDDLE OF THE PARCEL WILL SERVE AS THE STORMWATER TREATMENT SYSTEM FOR THIS PROJECT.

ENGINEERED STORMWATER DESIGNS WILL BE REQUIRED FOR THE FINAL DEVELOPMENT PLAN.

SUBMITTAL IN A ILLEGAL POSITIVE OUTFALL SHOULD BE ESTABLISHED PRIOR TO COMMENCEMENT OF 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 MUST BE DESIGNED TO MEET CITY STANDARDS, WHICH INCLUDES A MINIMUM OF 50 FOOT WIDE RIGHT OF WAY WITH CLOSED DRAINAGE FOR ALL ROADWAYS UNLESS FORMALLY REQUESTED BY CITY ACCEPTANCE, THE ROAD SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. A TRAFFIC STUDY IS NOT REQUIRED AS THE PROPOSED DEVELOPMENT WOULD NOT NECESSITATE SUCH A STUDY.

HOWEVER, THE DEVELOPMENT DEVELOPER SHALL PROVIDE AN ACCESS MANAGEMENT PLAN THAT EXAMINES THE DRIVEWAY CONFIGURATIONS AND IDENTIFIES ANY NECESSARY ROADWAY IMPROVEMENTS.

CITY WATER AND SEWER ARE LOCATED WITHIN THE ADJACENT ROAD RIGHTS OF WAY AND SHALL BE EXTENDED TO ALL RESIDENTIAL UNITS.

IDENTIFICATION OF THE SEWER MAINS AND WATER DISTRIBUTION LINES AND THEIR EXTENSIONS INTO THE INTERNAL ROADWAY SHALL BE PROVIDED AT THE TIME OF FDP SUBMITTAL.

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

SO TWENTY FIVE POINT SIXTY FIVE OF THE CITY'S COVID ORIGINS REQUIRES A PD TO PERMANENTLY SET ASIDE AND DESIGNATE ON THE SIDE PLAN RECREATIONAL AND OR OPEN SPACE FOR USE BY THE RESIDENTS OF THE PD, EQUALING TWENTY FIVE PERCENT OF THE PROJECT SITE ACREAGE AT TWENTY ONE ACRES AND THE MINIMUM SET ASIDE SHALL BE FIVE POINT TWENTY FIVE ACRES.

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

I'M 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 AND ENJOYMENT OF THE RESIDENTS OF THE PD.

THE %DV PROVIDES A BREAKDOWN STATING THAT THE MINIMUM SET ASIDE HAS BEEN MET BY A RECREATION. TRACKS AND UPLAND AREAS WITHIN THE STORM, WARNER TRACKS AS PART OF THE FTP SUBMITTAL, SPECIFIC USE OF ANY RECREATION AREA SHALL BE IDENTIFIED.

ADDITIONALLY, ALL INTERNAL ROADWAYS SHALL BE PROVIDED WITH A SIDEWALK ON BOTH SIDES OF THE ROAD WITH CONNECTIONS TO OFFSITE SIDEWALKS.

ENTRANCE LIGHTING SHOULD ALSO BE PROVIDED.

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

ALL OTHER STANDARDS OF THE SUBDIVISION CODE, INCLUDING ROAD MATERIALS, SIDEWALKS, UTILITY CONSTRUCTION AND SIMILAR ITEMS, SHALL BE MET CONDITIONS TO RECEIVE PD APPROVAL.

THE PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION ONE EIGHTY FIVE POINT SIXTY SIX 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 SUBMITTED WITH THE FINAL PUTI APPLICATION PRELIMINARY SUBDIVISION, PLAT AND OPINION OF TITLE DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING DEVELOPMENT STANDARDS CONSTRUCTION DRAWINGS A CONCURRENCY DETERMINATION LETTER FROM THE SCHOOL BOARD OF OUR COUNTY.

SUBMISSION OF ENDANGERED SPECIES ASSESSMENT.

INDICATION OF LIGHTING WITHIN THE NEIGHBORHOOD.

AND COMPLIANCE WITH THE CONDITIONS OF CP 17 20 21.

[02:45:02]

THANK YOU, PATRICK. WEXFORD.

OH, BEFORE I START, I ALSO SAID ON A PLANNING AND ZONING BOARD FOR THE COUNTY, SO I'D LIKE TO THANK YOU ALL FOR YOUR SERVICE.

CLEARLY, WE DO NOT GET PAID WITHOUT HAVING BEEN SAID.

STAFF DID A GOOD JOB OF PRESENTING IT ONCE AGAIN.

SO I'LL JUST DELAY OR POSTPONE ANY GRAND SPEECH.

THANK YOU. IT'S A BOARD. HAVE ANY QUESTION FOR MR. BASTAREAUD. I HAVE A QUESTION.

I DON'T KNOW IF IT'S FOR HIM OR FOR STAFF, BUT ARE WE LOOKING AT THE REVISED VERSION THAT THEY GAVE US? SO WHAT I WANTED TO DO, AND I'M GLAD YOU BROUGHT IT UP BECAUSE THEY'RE NOT GOING TO BE ABLE TO ANSWER THAT IS WHAT WE WOULD LIKE TO PUT FORTH WHEN WE GO TO THE FINAL DEVELOPMENT PLAN. IF YOU WANT TO MAKE THAT A CONDITION, THEN THAT'S CERTAINLY WHAT WE'D LIKE TO PROPOSE BECAUSE THAT DOES, AS YOU HEARD TONIGHT, HELP ALLEVIATE SOME OF THE ADJACENT NEIGHBORING CONCERNS.

BUT UNFORTUNATELY, THAT'S NOT THE ACTUAL PLAN IN FRONT OF YOU.

BUT WHAT WE WOULD LIKE THAT TO BE.

PRELIMINARY PLANTS ON THE BAYSIDE LAKES COMMERCIAL CENTER MAKING REFERENCE TO HERE.

THAT'S JUST WHAT IS.

I KNOW THIS PROPERTY WAS A TRACT WITHIN A PHASE OF BAYSIDE LAKES COMMERCIAL CENTER.

THIS TRACK WAS ORIGINALLY AN INSTITUTIONAL TRACT.

IT WAS DESIGNATED FOR POTENTIAL USE FOR CHURCH USE, SO IT WAS A TRACT WITHIN A FORMER PLANT. THIS TRACT IS NOW BEING REQUESTED FOR PLANNING AND DEVELOPMENT BECAUSE THE CHURCH DOES NO LONGER WANT THIS PROPERTY.

THEY'VE BEEN IN SURPLUS. THEY DON'T WANT TO BUILD A CHURCH OR SCHOOL.

THEY WANT TO SELL THIS PROPERTY.

SO THAT'S WHY IT WAS REFERENCED.

MR. CHAIRMAN, I DID WANT TO ADD, IF THE APPLICANT IS PROPOSING A SIX FOOT HIGH FENCE ALONG THEIR BOUNDARY BETWEEN THEM AND AMBER, WOULD THAT FENCE BE A CONSISTENT MATERIAL BOTH IN OPACITY AND TYPE, SO WE DON'T HAVE SLATS WOOD JUST TO MATCH THE OTHER? I THINK IT SHOULD BE A CONSISTENT HOMOGENOUS FENCE.

I WOULD TEND TO AGREE WITH THAT WITH THE ONE CAVEAT THAT.

THE ADJACENT NEIGHBORS WOULD HAVE TO ALSO BE IN AGREEMENT BECAUSE WHAT WE WOULD LIKE TO DO IS SET IT RIGHT ON THE PROPERTY LINE IN THAT WAY, IT'S FOR BOTH PARTIES.

BUT WE ABSOLUTELY AGREE THAT'S WHAT WE WOULD WANT AS WELL.

BUT IF THEY'RE NOT IN AGREEANCE, THEN WE'D HAVE TO SET OURS JUST RIGHT NEXT TO THEM.

I DON'T KNOW HOW EXACTLY THAT WOULD WORK, BUT THERE WAS A 10 FOOT SEPARATION BETWEEN THE BACK OF THEIR PROPERTIES AND THE BACK OF THE SIGNAL.

THERE IS, BUT WE WOULD PUT IT ON THE PROPERTY LINE.

AND THE REASON FOR THAT WAS WHAT I STATED EARLIER.

WE WOULD NO LONGER BE ABLE TO MAINTAIN IF WE FENCED OURSELVES OFF FROM THE GREEN SPACE.

CREATE A CORRIDOR BETWEEN TWO FENCES.

THE ABOUT ADJOINING JOINING THEIR FRIENDS.

YEAH. WHAT HE'S SAYING, I GUESS, IS IF THEY PUT FENCE ALONG THE BACK OF THEIR LOTS AND THERE'S A FENCE BACK FENCE ALONG THE BACK OF AMBER WOOD, YOU'RE CREATING A 10 FOOT CORRIDOR BETWEEN FENCES THAT IS DIFFICULT TO MAINTAIN.

YES, EXACTLY RIGHT. EXACTLY.

IS ACCURATE BECAUSE THAT CAN ACTUALLY COLLECT TRASH AND IF YOU CAN'T GET WEEDS GROWING IN. RIGHT? I SEE I'M SAYING WE'D LIKE TO PUT IT LIKE I SAID, TO THE EXTENT POSSIBLE ON THE AMBER WOOD BOUNDARY AND OUR NOT NOT THE LOT BOUNDARY.

SORRY IF I UNDERSTAND THAT.

I UNDERSTAND WHAT I'M SAYING.

YOU KNOW, IT MAKES PERFECT SENSE. WORK WITH EACH HOMEOWNER ABOUT WHICH FENCE THEY'RE LOOKING FOR. YEAH, THAT'S THAT'S TOTALLY FINE.

AND THEN IF THEY'RE GOING TO GRANT THEM, THEY ALREADY HAVE A REAR FENCE.

I PRESUME THAT AN AGREEMENT COULD BE REACHED, BUT WE WOULD REPLACE THAT PORTION OF FENCE SO THAT IT'S UNIFORM ALL THE WAY ACROSS BECAUSE WE WANT THAT SAME LOOK.

AND THE OTHER QUESTION OF MR. BRADFORD.

NO, SIR, BUT IF I CAN, I WOULD LIKE TO ADDRESS THE RESIDENTS THAT DID STAY.

WANT TO SAY THANK YOU GUYS FOR COMING OUT AND AND TAKING THE TIME TO VOICE YOUR OPINION.

THERE ARE A LOT OF DECISIONS THAT WE HAVE TO MAKE UP HERE AS A BOARD, AND A LOT OF THESE THINGS FALL BECAUSE TRUST ME.

YEAH, WE I THINK EVERYBODY'S ABOUT OUT OF RESIDENTIAL.

BUT THERE ARE LEGAL PARAMETERS THAT WE HAVE TO ABIDE BY UP HERE WHEN IT COMES TO THE ZONING CHANGES.

SO. ALL OF THESE PROJECTS, WE JUST CAN'T FLAT OUT JUST SAY NO OR JUST CAN'T DENY BECAUSE THERE ARE SOME LEGAL PARAMETERS THAT WE HAVE TO GO BY AND LOOK AT.

AT THE SAME TOKEN AGAIN, WE WE.

YOU APPRECIATE THE MEETINGS BETWEEN YOU ALL AND THE DEVELOPER BECAUSE THEY GIVE YOU ALL A CHANCE TO TO EXPRESS, NOT ONLY EXPRESS YOUR CONCERNS BUT ALSO PUT OUT YOUR WISH LIST.

SOMETIMES THE DEVELOPER WILLING TO DO SOME OF THOSE THINGS AND TRUST ME, I MEAN, RATHER

[02:50:06]

I REALLY DON'T WANT YOU TO FEEL AS THOUGH THAT YOU WASTED YOUR TIME OR THAT IT WAS OR WE DID NOT LISTEN BECAUSE WE DO.

WE LISTEN. BUT WE JUST SO SO I WOULD.

I WOULD ENCOURAGE YOU ALL.

CHRIS HAD ALREADY SAID WITH THE CITY COUNCIL MEETINGS WOULD BE WOULD BE DECEMBER 16TH FOR THESE FOR THIS CASE. I WOULD JUST THINK BOARD.

AND. BUT OVER TO OUR HOUSE, TO OUR BACKYARD, AND TAKE A LOOK.

WHEN YOU SEE IT, UNDERSTAND AND I DO, I MEAN, TRUST ME, I GO THROUGH THESE PROJECTS, WE GO OUT AND WE LOOK AT AND WE AND WE PUT OURSELVES UNTIL YEAR BECAUSE WE'RE BECAUSE WE'RE RESIDENTS ALSO. AND I MEAN, YOU WANT TO SEE YOUR CITY GROW.

BUT SOMETIMES WHEN IT INFRINGES ON, ON, ON YOUR BENEFITS, YOU KNOW, YOU DON'T YOU'RE NOT.

YOU'RE NOT ALL FOR IT ALL THE TIME.

BUT A LOT OF TIMES A LOT OF THESE PROJECTS ARE MARKET DRIVEN AND AND THEY'RE HERE.

SO. SO THE BEST WAY TO HANDLE CERTAIN THINGS IS TO IS TO TRY TO WORK HAND IN HAND AND SAY, HEY, LET'S LET'S LET'S DO WHAT'S WHAT'S GOING TO BE THE BEST FOR ALL PARTIES INVOLVED? SO AGAIN, I THANK YOU FOR THAT.

THANK YOU, RACHEL. IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK? PALM BAY SEEING, I'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION. MOTION TO APPROVE KS PD 50, DASH 20 21.

BASED ON SNAP'S COMMENTS.

THE MOTION SECOND, ANY FURTHER DISCUSSION.

ALL IN FAVOR SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUS VOTE FOR YOU ALL.

HE AGAIN SAID THERE IS NO OTHER BUSINESS THIS MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.