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

[CALL TO ORDER ]

[00:00:02]

THE SIMILAR FIRST 2021 MEETING OF THE PLANNING AND ZONING BOARD IS CALLED TO ORDER EVERYONE PLEASE RISE AND FACE THE FLAG.

DON WILL LEAD US IN THE PLEDGE OF ALLEGIANCE.

YES, MR. BOEREMA PRESENT MR. BOOTHROYD PRESENT MR. HILL, PRESENT MS. JORDAN MS. MERAJ PRESENT, MR. WARNER HAS ASKED TO BE EXCUSED MR. WEINBERG PRESENT MR. KARAFFA. WE ARE EXPECTING AND OUR DEPUTY CITY ATTORNEY, JENNIFER COCKCROFT, IS PRESENT.

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

FIRST ORDER OF BUSINESS IS THE ADOPTION OF MINUTES.

[ADOPTION OF MINUTES]

WE HAVE TO. FIRST IS OUR REGULAR MEETING OF NOVEMBER 3RD.

CAN I GET A MOTION, PLEASE? MAKE A MOTION KARAFFA MINUTES FROM THE 20 NOVEMBER 3RD, 2021 MEETING.

SECOND MOTION ON A SECOND.

ANY DISCUSSION? NONE ALL IN FAVOR SAY AYE.

ALL OPPOSED MOTION CARRIES.

NEXT IS THE ADOPTION OF MINUTES OF OUR SPECIAL MEETING OF NOVEMBER 15TH.

CAN I GET A MOTION, PLEASE? MOTION TO ADOPT OUR NOVEMBER 15TH MEETING.

LACK OF MOTION, THE SECOND ANY DISCUSSION.

ALL IN FAVOR SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY.

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

[ANNOUNCEMENTS]

BOARD COMPRISED OF SEVEN MEMBERS.

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

OUR PROCEDURES ARE AS FOLLOWS THE GROWTH MANAGEMENT STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE. BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF.

THE APPLICANT OR THEIR REPRESENTATIVE WILL THEN BE ASKED TO COME TO THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE AND TO ANSWER ANY QUESTIONS FROM THE BOARD.

OR WILL THEN BE OPEN FOR PUBLIC COMMENTS.

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

PLEASE PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. AS A COURTESY, I ASKED THAT IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS, YOU INFORMALLY APPOINT A SPOKESMAN TO CLARIFY YOUR VIEWS AFTER PUBLIC COMMENTS.

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

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

I WILL THEN CALL FOR A VOTE.

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

THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION.

AND FIRST CASE UNDER OLD BUSINESS, CHRIS.

[OLD/UNFINISHED BUSINESS]

FIRST CASE IS C.P.

11, 20 21.

BACKGROUND SUBJECT PROPERTIES ARE LOCATED AT THE NORTHWEST CORNER OF ROBERT JAKELIN BOULEVARD NORTHEAST AND COMMERCE PARK DRIVE NORTHEAST.

PARCELS ARE UNDEVELOPED LAND SINCE THEIR CREATION ANALYSIS FOR CHAPTER 183 THREE CONCEPT COMPREHENSIVE PLAN REGULATIONS SECTION TWENTY THREE POINT ZERO ONE B THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF THE LAND AND RESOURCES TO PROMOTE HEALTH, HEALTH, SAFETY AND WELFARE OF THE COMMUNITY ON FUTURE LAND USE. OLLMAN COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOAL FLU ONE IS TO ENSURE A HIGH QUALITY DIVERSIFIED LIVING ENVIRONMENT THROUGH THE EFFICIENT DISTRIBUTION OF COMPATIBLE LAND USES. THE COMPREHENSIVE PLAN VALUE ELEMENT GOAL FLU TWO IS TO PROVIDE FOR AND MAINTAIN VIABLE NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENTS TO MEET THE EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF PALM BAY.

COMPREHENSIVE PLAN FLEW ELEMENT GOAL FLEW 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.

COMPREHENSIVE PLAN FLEW ELEMENT GOAL FLEW EIGHT IS TO PROVIDE FOR A DIVERSE AND SELF-SUSTAINING PATTERN OF LAND USES THAT SUPPORT THE PRESENT AND FUTURE POPULATION OF THE CITY OF PALM BAY AND A COMPREHENSIVE PLAN FLEW ELEMENT GOAL FLEW NINE IS TO CREATE LARGE SCALE, SUSTAINABLE MIXED USE COMMUNITIES.

SUBJECT PARCELS ARE LOCATED WITHIN AN EXISTING MULTIFAMILY, RESIDENTIAL, INDUSTRIAL AND COMMERCIAL AREA. THE INTENDED USE FOR THE SEVEN POINT ONE ONE ACRE PROPERTY IS A MIX OF MULTIFAMILY, RESIDENTIAL DEVELOPMENT AND COMMERCIAL USES.

THE PROPOSED LAND USE AMENDMENT WOULD BE CONSIDERED COMPATIBLE WITH THE SURROUNDING LAND

[00:05:02]

USES AND PROVIDE AND BY PROVIDING A TRANSITIONAL TRANSITION BETWEEN THE COMMERCIAL AND INDUSTRIAL LAND USES BY PROVIDING A HIGH QUALITY, DIVERSIFIED LIVING ENVIRONMENT.

THE DEVELOPMENT WILL FURTHER THESE GOALS BY PROVIDING A MIX OF ALLOWABLE USES ON THE PROPERTY THAT HAS BEEN UNUSED AND BLIGHTED FOR MANY YEARS TO COASTAL MANAGEMENT.

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

A CONSERVATION ELEMENT.

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

THE SUBJECT PROPERTY IS NOT LOCATED WITHIN ANY OF THE FLORIDA SCRUB.

JPMORGAN'S IDENTIFIED IN THE CITY'S HOPPER HABITAT CONSERVATION PLAN AND OTHER PROTECTED SPECIES ARE KNOWN TO INHABIT THE SUBJECT PROPERTY.

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

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

HOWEVER, THE REQUESTED USE WOULD NOT EXCEED THE EXISTING PARKLAND OR RECREATION LEVEL OF SERVICE STANDARDS FOR THE PLANNING AREA.

SHELBY NOTED THAT THE RECREATION AND OPEN SPACE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN SETS THE LEVEL OF SERVICE STANDARD OF TWO ACRES PER 1000 RESIDENTS.

THE CITY MAINTAINS PUBLIC OWNERSHIP OF PARK DESIGNATED LANES THAT FAR EXCEED THIS REQUIREMENT. OR HOUSING ELEMENT, THE PROPOSED FUTURE LAND USE AMENDMENT DOES NOT ADVERSELY IMPACT THE SUPPLY AND VARIETY OF SAFETIES AND ATTRACTIVE AND AFFORDABLE HOUSING WITHIN THE CITY, INSTEAD, IT WILL SERVE TO CREATE AN ADDITIONAL MULTIFAMILY HOUSING OPPORTUNITIES NEEDED IN PALM BAY FIVE INFRASTRUCTURE ELEMENT.

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

THE FUTURE LAND USE CHANGE WILL NOT CAUSE THE LEVEL OF SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE COMPREHENSIVE PLAN FOR THESE SERVICES.

THE CURRENT PLANNING PERIOD.

PUBLIC WATER AND SEWER FACILITIES ARE AVAILABLE AT THE SITE.

IF DEVELOPED, THE OWNER SLASH DEVELOPER WILL BE RESPONSIBLE FOR EXTENDING SERVICE TO THE SITE IN ACCORDANCE WITH THE CITY'S REGULATIONS.

DRAINAGE IF 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.

ANY PROPOSED STORMWATER MANAGEMENT SYSTEM WILL BE REVIEWED AND APPROVED BY THE CITY DURING THE SITE PLAN REVIEW PROCESS.

SIX. INTERGOVERNMENTAL COORDINATION ELEMENT PUBLIC SCHOOLS PROPOSE FUTURE LAND USE AND A FRONT MIXED USE WILL ADD HOUSING USE AND ADD HOUSING UNITS.

SOME IMPACTS TO THE PUBLIC SCHOOL SYSTEMS ARE ANTICIPATED.

HOWEVER, CONSIDERING THE ADJACENT CONCURRENCY SERVICE AREAS, THERE ARE SUFFICIENT CAPACITY. SEVEN RECREATION AND OPEN SPACE ELEMENT.

THE OBJECTIVES OF THE COMPREHENSIVE PLANS TRANSPORTATION ELEMENT ARE TO PROVIDE A SAFE, BALANCED, EFFICIENT TRANSPORTATION SYSTEM THAT MAINTAINS 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 ANY SUGGESTED IMPROVEMENTS WHICH WILL BE TAKEN UNDER CONSIDERATION DURING THE SITE PLANS REVIEW.

APPROVAL PROCESS STAFF'S RECOMMENDATION KCPE 11 20 21 AND IS RECOMMENDED FOR APPROVAL AND IS IN ATTENDANCE, AND I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE.

THE BOARD HAVE ANY QUESTIONS FOR STAFF.

LATER.

WAS ACTUALLY TWO YEARS THAT IT EXPIRED.

SO IT'S BEEN LONG SINCE EXPIRED, SO THERE IS ABLE TO BE DEVELOPMENT AND CHANGES IN ZONING AND LAND USE. THERE AREN'T NEW GUIDELINES, HOWEVER, THERE WERE UPDATES TO THE BMO DISTRICT AND THE BMV DISTRICT, SO IT DOES COMPLY WITH THE CITY'S INTENT AND PLAN FOR THAT AREA. AND THE OTHER QUESTIONS.

THIS TIME, I'LL OPEN THE PUBLIC HEARING AND ASK THE APPLICANTS REPRESENTATIVE TO COME TO THE PODIUM. GOOD EVENING, MY NAME IS MIGUEL RINALDO.

WE'RE SURE DEVELOPMENT TWENTY TWO POINT NINETY FIVE SOUTH SHIAWASSEE ROAD, ORLANDO.

THREE TWO EIGHT THREE FIVE.

I'M HERE TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE OR ANYONE FROM THE GENERAL PUBLIC.

THANK YOU, MR. REYNOLDS.

IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS APPLICATION? WE'RE OPPOSED. BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST, I HAD TWO QUESTIONS WITH THIS ONE.

THE FIRST ONE WAS WE'RE CHANGING THIS FROM INDUSTRIAL TO BAYFRONT MIXED USE IF IT'S APPROVED. NOW, THE WHOLE PURPOSE OF THIS ENTIRE AREA ORIGINALLY, AND I'M NOT GOING BACK THAT MANY YEARS, WHAT WE NEEDED, WE NEEDED AN AREA IN PALM BAY WHERE WE COULD HAVE

[00:10:05]

COMMERCIAL INDUSTRIAL.

THAT'S WHAT THIS WAS. THIS AREA WAS ORIGINALLY SET UP TO BE, BUT I'VE BEEN WATCHING OVER THE YEARS AND WE SLOWLY JUST BEEN PICKING AND PICKING AND PICKING AT IT.

SO WHAT WAS SUPPOSED TO BE IN THE INDUSTRIAL AREA THAT WAS SUPPOSED TO GENERATE THE HIGH TAX REVENUE TO BRING INTO THE CITY TO OFFSET THE SINGLE FAMILY RESIDENCE? THIS WAS THAT AREA, BUT IT'S NOW GOTTEN CONSIDERABLY SMALLER TO WHERE IT'S ALMOST UNOBTAINABLE NOW TO WHERE THERE IS NO LAND MASS LEFT IN ORDER TO ACCOMPLISH THAT.

WITH THAT BEING SAID, IF THE WITH APPROVAL OF THIS ONE BY THE FACT THAT IT DOES GO TO BAYFRONT MIXED USE, IT STILL GIVES SOME CAPACITY FOR RESIDENTIAL.

BUT IT STILL HAS THE CRITERIA MANDATED FOR COMMERCIAL.

BUT I'VE SEEN NOTHING THAT SAYS WHAT ANY OF THE COMMERCIAL FOR THIS IS.

I SEE ALL KINDS OF PLANS AND SPECULATIONS FOR MORE RESIDENTIAL TO BE IN THE AREA, BUT NOTHING FOR COMMERCIAL.

SO I'M ASKING IF THE DEVELOPER, IF THEY MIGHT BE ABLE TO PASS ON SOME INSIGHT TO WHAT THAT COMMERCIAL USE MIGHT BE.

I'D RATHER SEE SOME COMMERCIAL AND SOME RESIDENTIAL IF WE'RE NOT GOING TO HAVE ANY COMMERCIAL. THANK YOU VERY MUCH.

SOMETHING TO CONSIDER BECAUSE WE'VE LOST WHAT COMMERCIAL AREA WE DID HAVE.

THANK YOU. THANK YOU, BILL. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK? NO, I WILL CLOSE THE PUBLIC HEARING MR. AND ALSO DID YOU WANT TO RESPOND TO TO BILL'S COMMENTS? ABSOLUTELY. WE INTEND TO FOLLOW PMU TO THE LETTER, SO AND OF COURSE, WE HAVE THE SITE PLAN REVIEW PROCESS THAT WE WOULD PRESENT A COURSE THE PROFESSIONAL STAFF WILL REVIEW BEYOND, YOU KNOW, JUST THE ZONING REGULATIONS.

SO WE HAVE ALL INTENTION OF DOING A MIXED USE DEVELOPMENT COMMERCIAL AS WELL AS RESIDENTIAL. AT THIS POINT, I ASSUME THAT THAT YOU YOU CAN'T SAY WHAT TYPE OF COMMERCIAL DEVELOPMENT MAY GO IN THERE.

CORRECT. WE'RE GOING THROUGH THE WE'RE GOING TO DO IT PROPERLY THIS TIME.

WE'RE GOING TO DO THE STUDIES.

WE'RE GOING TO DO ALL THE IMPACTS, ALL THE ENGINEERING TO MAKE SURE WHAT CAN PHYSICALLY BE DONE WITH THE PROPERTY.

AND WE'RE NOT GOING TO RUSH THIS ONE.

ALL RIGHT, THANK YOU. AT THE TIME, A CLOSED PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION. ELEVEN TWENTY, TWENTY ONE.

I CAN A MOTION FROM LEAD A SECOND FROM DON, ANY FURTHER DISCUSSION, I JUST HAD A COMMENT.

YOU KNOW, ONE OF THE THINGS I'VE ALWAYS HEARD IS, OH, WE NEED MORE ROOFTOP ROOFTOP ROOFTOPS BEFORE WE CAN GET COMMERCIAL.

AND I DO HOPE THAT WE'RE NOT GOING TO HAVE THAT KIND OF SITUATION THERE.

IN THE AREA. WELL, IT IS OUR INTENTION TO DO THIS PROPERLY.

I HAVE THAT FULL INTENTION OF DOING THIS PROPERLY.

I DID HEAR FIRST. THEY SEND IT HERE.

PLEASE DON'T.

SIR, WOULD YOU HAVE A PERCENTAGE IN MIND FOR COMMERCIAL RESIDENCE? NO, BECAUSE WHAT I'M GOING TO DO AFTER WE GET THE LAND USE TAKEN CARE OF, THEN I'M GOING TO DO ECOLOGICAL, ENVIRONMENTAL STORMWATER.

THOSE ARE THE MAIN PARAMETERS THAT ARE GOING TO DETERMINE WHAT IS ACTUALLY DEVELOP ON THE PROPERTY. AND FROM THERE, WE'RE GOING TO WORK WITH STAFF WITH THE PROPER SIZES OF DENSITY OF UNIT AS WELL AS SQUARE FOOTAGE OF COMMERCIAL.

THEN WE NEED TO ALSO TAKE INTO CONSIDERATION TRAFFIC UTILITIES, ET CETERA.

SO IT'S A LONG PROCESS, BUT I WANT TO DO IT PROPERLY.

I DON'T WANT TO RUSH THIS.

NEITHER DO WE WANT TO RUSH YOU.

OK, THANK YOU.

ANY OTHER COMMENTS? QUESTIONS? SURE. CHRIS, I WAS GOING TO ASK YOU TO EXPLAIN AS FAR AS WHICH WILL BE COMING UP, ACTUALLY, IN THE NEXT CASE, THE ZONING CASE, THE REQUIREMENT OF OF OF COMMERCIAL PROPERTY. I DID WANT TO NOTATE THAT THERE IS AN OVERALL FOR THE LAND USE OF 85 PERCENT RESIDENTIAL AND THE REST COMMERCIAL IN THE OVERALL DISTRICT.

IT'S JUST CHANGED RECENTLY BY THE CITY COUNCIL, NOT FOR THE LAND USE, BUT FOR THE ZONING OF ZONING. AND I'LL TOUCH ON HOW MUCH THEY HAVE TO HAVE IN THE ACTUAL ZONING OR THAT.

OK, WE HAVE MOTION AND A SECOND, IF THERE'S NO FURTHER DISCUSSION.

ALL IN FAVOR SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY AND THE NEXT CASE THE THE ZONING CASE, PLEASE, CHRIS.

SURE. NEXT CASE IS CPC 11, 20 21.

SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF ROBERT J.

CONLON BOULEVARD, NORTHEAST AND COMMERCE PARK DRIVE NORTHEAST.

THE PARCELS HAVE REMAINED UNDEVELOPED LAND SINCE THEIR CREATION ANALYSIS FOLLOWING ANALYSIS AS PER CHAPTER 195 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 AM ON THE NEED AND JUSTIFICATION FOR CHANGE.

[00:15:01]

THE APPLICANT STATES THE JUSTIFICATION FOR CHANGES TO CHANGE THE ZONING DISTRICT TO REFLECT THE CURRENT ZONING UPGRADES TO BAYFRONT MIXED USE.

AS NOTED ACROSS ROBERT J.

CONLIN, THE BAYFRONT MIXED USE ZONING DISTRICT WILL ALLOW FOR A MIX OF COMMERCIAL AND MULTIFAMILY USES.

THE CHANGE IN THE ZONING WILL ALLOW FOR A TRANSITION BETWEEN THE EXISTING SINGLE FAMILY HOMES IN THE POWELL SUBDIVISION AND THE EXISTING BUSINESSES TO HELP REVITALIZE THE AREA.

ITEM TWO ONE PERTAINING TO A REZONING OF LAND THE EFFECTIVE CHANGE, IF ANY, ON THE PARTICULAR PROPERTY AND THE SURROUNDING PROPERTIES.

THE DESIGNATION OF THE BME AND ZONING DISTRICT FOR THE SUBJECT PROPERTIES IS COMPATIBLE WITH THE SURROUNDING AREA AND IS CONSISTENT WITH THE CITY'S DESIRE AND PLAN FOR REDEVELOPMENT IN THE AREA.

ITEM THREE AND PERTAINING TO THE REZONING OF LAND, THE AMOUNT OF UNDEVELOPED LAND IN THE GENERAL AREA OF THE CITY HAVING THE SAME CLASSIFICATION AS THE REQUESTED APPROXIMATELY FIFTY POINT TWO NINE ACRES OF EMU BAYFRONT MIXED USE ZONE LAND IS WITHIN THE CITY LIMITS.

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

PROPOSED AMENDMENT WILL FURTHER THE PURPOSES OF CHAPTER 185 COMPREHENSIVE PLAN.

STAFF'S RECOMMENDATION, CP'S 11 TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL.

HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

OR HAVE ANY QUESTIONS FOR STAFF? AND I'LL OPEN THE PUBLIC HEARING.

MR. REYNOLDS, AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU OR THE GENERAL PUBLIC HAVE AS MS. MARGOT HAD AND ASKED.

HERE'S WHERE THE ZONING MANDATES THE DISTRIBUTION OF 85 15.

IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK ON THIS CASE, EITHER FOR OR AGAINST? NONE OF THOSE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION MR. CHAIR. OF COURSE, I DID WANT TO NOTATE THAT THE ZONING DISTRICT ALLOWS REQUIRES A MINIMUM OF 20 PERCENT COMMERCIAL.

HOPE THAT THAT ANSWERS YOUR QUESTION, BILL.

OK. CAN I GET A MOTION, PLEASE, TO APPROVE? CPI'S 11, 2021? I CAN. FROM DAN'S SECOND FLOOR.

JAMES, ANY ANY OF THE COMMENTS OR QUESTIONS? ALL IN FAVOR, SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY, IT'S NO.

ONE UNDER NEW BUSINESS, CHRIS.

[NEW BUSINESS]

IT'S.

THE FIFTY ONE POINT TWENTY TWENTY ONE, A VARIANCE TO ALLOW A PROPOSED SWIMMING POOL AND DECK TO ENCROACH SEVEN FEET INTO THE TEN FOOT REAR ACCESSORY STRUCTURE SET BACK AS ESTABLISHED BY SECTION TWENTY FIVE POINT ONE ONE EIGHT A FOUR PALM BAY CODE OF ORDINANCES. BACKGROUND PROPERTY CONSISTS OF ONE STANDARD LOT AND THE MONTEREY COVE OF BAY SIDE LAKE SUBDIVISION. THE HOME WAS CONSTRUCTED IN TWO THOUSAND FOUR AND THE PROPERTY HAS BEEN SOLD FOUR TIMES.

THE APPLICANT BOUGHT THE PROPERTY IN JUNE OF 2020.

ANALYSIS VARIANCE FROM THE TERMS OF THE LAND DEVELOPMENT CODE MAYBE GRANTED ONE.

SPECIAL CONDITIONS EXIST THAT WOULD RESULT IN UNNECESSARY HARDSHIP IF THE PROVISIONS OF THE LAND DEVELOPMENT CODE WERE ENFORCED.

HOWEVER, A VARIANCE MAY NOT BE GRANTED WHEN THE PUBLIC HEALTH AND SAFETY WOULD BE COMPROMISED AS A RESULT OF THE VARIANCE.

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

REVIEW THESE ITEMS AS AS FOLLOWS AND ONE SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH EXIST, WHICH ARE PECULIAR TO THE LAND STRUCTURE OR BUILDING INVOLVED.

THE APPLICANT STATES THAT THEY HAVE ASKED FOR A SAFE ZONE FROM THE HOME TO TO THE PROPOSED RULE FOR APPROXIMATELY NINE FEET, NINE TO 10 FEET DUE TO THE FACT THAT THEY HAVE A VISUALLY IMPAIRED GRANDCHILD, AS WELL AS A RELATIVE WHO IS WHEELCHAIR BOUND AND FEEL THAT THE MINIMUM FIVE FEET FROM THE HOUSE IS NOT FAR ENOUGH AWAY FROM THE HOUSE.

THESE MAY BE SPECIAL CONDITIONS OR CIRCUMSTANCES PECULIAR TO THE LAND STRUCTURE OR BUILDINGS INVOLVED. ITEM TWO, THE SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED IN ITEM ONE, ABOVE OR NOT, THE ACTIONS OF THE APPLICANT.

SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED ABOVE AND A NEED FOR THE VARIANCE ARE NOT A RESULT OF THE ACTIONS OF THE APP.

ITEM THREE LEARN INTERPRETATION OF LAND ENFORCEMENT ON THE LAND DEVELOPMENT CODE.

REGULATIONS WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION.

LITERAL INTERPRETATION AND ENFORCEMENT OF LAND DEVELOPMENT CODE WOULD REQUIRE THE APPLICANT TO BUILD WITHIN THE APPLICABLE ACCESSORY ACCESSORY STRUCTURE REQUIREMENTS.

BUILDING WITHIN THE REQUIRED ACCESSORY STRUCTURE ALLOWANCE WOULD REQUIRE THE APPLICANT TO REDUCE THE POOL AND DECKING BY SEVEN FEET.

BEFORE THE VARIANTS OF GRANTED, IS THE MINIMUM VARIANCE NECESSARY TO MAKE POSSIBLE A REASONABLE USE OF LAND BUILDING OR STRUCTURE, MAXIMUM OF SEVEN FEET OF RELIEF FROM THE 10 FOOT REAR ACCESSORY STRUCTURE SETBACK FOR THE PROPOSED POOL AND DECK WOULD BE NEEDED TO

[00:20:03]

MEET THE APPLICANTS REQUEST AND FIVE GRANTING THE VARIANCE REQUEST WILL NOT CONFER ON THE APPLICANT. ANY SPECIAL PRIVILEGES FOR ANY OF THE VARIANTS WOULD CONFER UPON THE APPLICANT A SPECIAL PRIVILEGE FOR THE PROPOSED POOL AND DECK AT THIS AS THE SAME DEVELOPMENT STANDARDS APPLY FOR OTHER PROPERTIES IN THIS COMMUNITY.

THIS EXCESS, HOWEVER, DOES NOT APPEAR TO CREATE ANY HEALTH OR SAFETY HAZARDS TO THE ADJACENT PROPERTIES.

ITEM SIX, THE GRANTING OF THE VARIANTS WILL BE IN HARMONY AND THE GENERAL INTENT AND PURPOSE OF THE CODE STAFF HAS NOT IDENTIFIED ANY DETRIMENTAL EFFECT ON PUBLIC WELFARE.

RANDOM SEVEN DEALS WITH THE HARRIS PRIVATE PROPERTY RIGHTS ACT AND STUFF.

IT HAS NOT HAD A CLAIM ON THIS.

STAFF'S RECOMMENDATION, PLANNING AND ZONING BOARD MUST DETERMINE, BASED UPON THE FACTS PRESENTED TO WHAT DEGREE, IF ANY, OF MINIMUM RELIEF IS REQUIRED TO MEET THE NEEDS OF THE VARIANCE BEING REQUESTED.

AND I'D BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE AND THE APPLICANT IS IN ATTENDANCE. OR HAVE ANY QUESTIONS FOR STAFF? AND AT THIS TIME, I'LL OPEN PUBLIC HEARING AND ASK THE APPLICANT TO PLEASE COME TO THE PODIUM.

GOOD EVENING, LADIES AND GENTLEMEN, MY NAME IS GENE CULLEN, AND THIS IS MY HUSBAND, MICHAEL CULLEN, AND WE'RE.

REQUESTING THE VARIANCE.

AND. I MEAN, DO YOU WANT TO KNOW WHY OR.

YEAH, I'M NOT NEW AT THIS.

OK. YEAH, WE HAVE.

I HAVE A GRANDCHILD THAT JUST TURNED 13.

SHE'S VISUALLY IMPAIRED AND MILDLY AUTISTIC, AND SHE COMES TO MY HOUSE EVERY DAY AFTER SCHOOL AND SHE LOVES TO SWIM.

AND WE ALSO HAVE HER GRANDFATHER LIVES WITH HER, AND HE'S IN A WHEELCHAIR, WHICH SHE'S NOT REALLY ADAPTED.

AT ROLLING AROUND, HE'S RECENTLY BROKEN HIS BACK AND IS WHEELCHAIR BOUND FOR LIFE.

SO OUR CONCERN WAS THAT IF WE HAD IT TOO CLOSE TO THE HOUSE THAT WE WOULDN'T BE ABLE TO MONITOR THE COMINGS AND GOINGS OF THOSE TWO PEOPLE WHO HAVE THE PHYSICAL AND PARODIES.

AND WE FELT LIKE IT WOULD BE SAFER IF WE PUSHED THE POOL A LITTLE BIT FARTHER AWAY FROM THE POOL, FROM THE HOUSE.

AND THAT'S PRETTY MUCH IT.

AS A BOARD HAVE ANY QUESTIONS FOR THE COLUMNS.

THIS ONE, ONE QUICK QUESTION.

YOU'RE PLANNING ON PUTTING A GATE AROUND THE POOL AND CLOSED HER A SCREEN ENCLOSURE WITH, YEAH, WITH THE GATE.

OH, THAT'S WHAT I UNDERSTAND.

THERE'S A CEMENT SECTION HERE AND THEN THE POOL IS HERE OR YOU'RE FROM THE HOUSE TO THE GRASS TO THE POOL OUT IN THE YARD.

CORRECT. OKAY.

OK. YOU KNOW, THE QUESTIONS.

ALL RIGHT, FOLKS, THANK YOU.

THANK YOU. ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OR OPPOSE THIS APPLICATION.

NO, CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD BEFORE I ASK FOR A MOTION, I JUST DO WANT TO NOTE THAT THIS HAS ALREADY BEEN APPROVED BY THE HOMEOWNERS ASSOCIATION, SO THEY HAVE NO OBJECTION TO IT.

I GET A MOTION, PLEASE.

MOTION TO APPROVE CASE V FIFTY ONE POINT TWENTY ONE.

A MOTION RICHARD SECOND FROM KAY.

ANY FURTHER DISCUSSION? THEY WERE SAY I OPPOSED THE MOTION CARRIES UNANIMOUSLY.

FOLKS. IN OUR NEXT CASE, PLEASE, PATRICK.

NEXT CASE ON THE AGENDA IS CASE FIFTY TWO, TWENTY TWENTY ONE BACKGROUND, A TEXTUAL AMENDMENT TO THE CODE OF ORDINANCES TITLE 17 LAND DEVELOPMENT CODE CHAPTER 185 ZONING CODE SECTION ONE EIGHTY FIVE POINT ZERO FOUR FIVE LIE LIGHT INDUSTRIAL WAREHOUSING DISTRICT, CREATING ONE EIGHTY FIVE POINT FORTY FIVE B 15.

THE APPLICANT FOR THIS AMENDMENT IS MICHAEL PEZZULLO OF THE INDIAN RIVER DOG TRAINING CLUB. THE APPLICANT IS LOOKING TO MOVE THE CLUB INTO A BUILDING AT SIXTEEN FIFTY ONE ROBERT J. CONLON BOULEVARD NORTHEAST.

THE INTENDED SITE IS ZONED LY, WHICH DOES NOT ALLOW FOR THE PROPOSED FACILITY.

PROPOSED LANGUAGE FOR THIS AMENDMENT IS ATTACHED IN LEGISLATIVE STYLE FOR YOUR REVIEW ANALYSIS. ZONING CODE IS BASED ON AND HAS BEEN ADOPTED TO EFFECTUATE AND IMPLEMENT THE POLICIES OF THE CITY COMPREHENSIVE PLAN TO PROTECT, PRESERVE AND IMPROVE THE PUBLIC HEALTH, SAFETY, ORDER, APPEARANCE, CONVENIENCE AND WELFARE OF THE INHABITANTS OF THE CITY. VISIONS OF THE LIGHT INDUSTRIAL WAREHOUSING DISTRICT ARE INTENDED TO APPLY TO AN AREA WHICH CAN SERVE LIKE MANUFACTURING, WAREHOUSING, DISTRIBUTION, WHOLESALING AND OTHER LIGHT INDUSTRIAL FUNCTIONS FOR THE CITY IN THE REGION.

LOT SIZES AND OTHER RESTRICTIONS ARE INTENDED TO ENSURE EFFICIENT OPEN SPACE, MINIMIZE ADVERSE IMPACTS OF INDUSTRIAL USES OFF SITE AND TO NON INDUSTRIAL USES.

NOW, THE APPLICANT HAS PROPOSED THE TEXTUAL AMENDMENT FOR CANINE TRAINING AND SIMILAR

[00:25:01]

USES AS A PERMITTED USE.

LIGHT INDUSTRIAL DISTRICT STAFF HAS DRAFTED THIS AMENDMENT TO THE BEST SUITED FOR THE PROPOSED USE WITH CONSIDERATION OF THE PURPOSE OF THE ZONING ORDINANCE AND THE INTENT OF THE LIGHT INDUSTRIAL DISTRICT.

THE AMENDMENT WOULD CREATE THE ABILITY TO LOCATE A CANINE TRAINING FACILITY ON A PROPERTY WITH ALLIES ZONING SUBJECT TO THE FOLLOWING NUMBER ONE.

BUSINESS CANNOT OPERATE WITHIN A MULTITENANT BUILDING.

TWO. THERE MAY BE NO OVERNIGHT BOARDING OF ANIMALS.

THESE PROVISIONS ARE INCLUDED FOR THE HEALTH AND SAFETY OF THE OCCUPANTS OF SUCH A FACILITY, AS WELL AS THE OCCUPANTS OF ADJACENT BUSINESSES.

IT SHOULD BE NOTED THAT ANY PERMITTED USE ON A PROPERTY ZONE LIE THAT INCLUDES FIVE OR MORE ACRES WOULD REQUIRE CONDITIONAL USE APPROVAL.

APPLICANTS PROPOSED LOCATION IS A STANDALONE BUILDING ON LESS THAN ONE ACRE STAFF.

RECOMMENDATION TAKES 252.

TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL.

YOU HAPPY TO ANSWER ANY QUESTIONS BOARD MAY HAVE.

OR HAVE ANY QUESTIONS FOR STAFF? I JUST HAVE A QUICK QUESTION FOR PATRICK, JUST SO THAT I UNDERSTAND THE IT'S A FACILITY WHERE PEOPLE WOULD BRING THEIR DOGS IN THE DAYTIME.

THEY TRAINED BEHAVIORAL TRAINING AND THEN SEND THEM HOME AT NIGHT.

THAT'S WHAT THEY'RE PROPOSING RIGHT NOW IN DISCUSSIONS WITH THE APPLICANT, AND THEY CAN COME UP AND ADDRESS THAT MORE.

THE GENERAL PURPOSE OF THIS IS FOR ACTUALLY AGILITY TRAINING.

THESE ARE SMALLER DOGS THAT ACTUALLY COMPETE IN THIS TRAINING AND THE FACILITY OR THE CLUB ALSO TRAINS PEOPLE TO BE TRAINERS AND ALLOWS THEM TO PARTICIPATE IN THIS PROGRAM GOING FURTHER. NOT JUST GETTING TRAINING AND GOING HOME.

IT'S SORT OF AN ONGOING THING, BUT THEY HAVE MEETS AND THEY HAVE COMPETITIONS.

AS IT RELATES TO LIGHT INDUSTRIAL, I MEAN, I'M TRYING TO TO SEE THE.

THE REASON WHY THEY WANTED TO GO INTO LATIN DRESS SHOWS BECAUSE THIS FACILITY NEEDS A WAREHOUSE TYPE STRUCTURE.

THE MILITARY TRAINING IS DONE INDOORS.

PROTECT THE ENVIRONMENT.

THE CONTROL THE ENVIRONMENT GIVES ME, AND THEY NEED A LARGER AREA TO HAVE THE DOGS RUN BECAUSE YOU'VE SEEN WHERE THEY HAVE THE AGILITY AND PERSON RUNS ALONG, THE TRAINER DOES WITH THE DOG AND JUMPS TO IT AND OTHER PEOPLE ARE WATCHING.

AND THAT'S EASIER CONDUCTED INSIDE AN ENCLOSED STRUCTURE AND COMMERCIAL.

THERE'S NOT A LOT OF AVAILABLE SPACES OF THE SIZE THAT THEY NEED.

THAT WOULD BE ENOUGH. I WAS THINKING FARMLAND.

BUT IN A FIVE ACRE LOT, THAT'S WHAT I WAS IMAGINING, SO I WAS TRYING TO UNDERSTAND THE CHOICE FOR INCLUDING THIS THROUGH THE APPLICANT WOULD LOVE TO GIVE YOU A RUNDOWN ON THEIR FACILITY. ALL RIGHT, THANK YOU.

ANY OTHER QUESTIONS FOR STAFF? OR WOULDN'T IT FALL UNDER SECTION EIGHT ALREADY SAYS VETERINARY HOSPITALS AND CLINICS? BECAUSE THIS IS NOT A VETERINARY CLINIC, IT'S NOT A HOSPITAL FOR ANIMALS.

THIS IS SPECIFICALLY DOG TRAINING, SO VETERINARY CLINICS IS SPECIFIC TO A MEDICAL TYPE FACILITY. DOESN'T FALL UNDER THE SAME DEFINITION.

THE QUESTIONS. THANK YOU, PATRICK IZOLA.

AND THEY WON'T HAVE ANY QUESTIONS.

WELL, YOU JUST TELL THE BOARD BRIEFLY, IT'S ONE OF THE REASONS WHY IT'S ONE OF THE REASONS WHY WE NEEDED A WAREHOUSE TYPE OF ENVIRONMENT BECAUSE WE NEED OPEN SPACE, WE NEED TO OPEN FLOOR SPACE, EMPTY, BE LIKE WOOD POLES AND SMALL ROOMS. IT HAS TO BE AN OPEN 70 BY 40 SIZE RING SO WE CAN TRAIN OTHER PEOPLE, YOU KNOW, IN THE COMMUNITY THAT COMES TO.

YOU KNOW, WE BASICALLY TRAIN PEOPLE TO TRAIN THEIR DOGS.

IT'S A COMMUNITY SERVICE THAT WE'RE DOING AS A TRAINING CLUB.

ACTUALLY, WE AREN'T AGILITY TRAINING.

THEY'RE BASICALLY OBEDIENCE TRAINING.

YOU HAVE WHAT IS CALLED AGILITY, AND THAT IS FOR A LITTLE TEACUP DOGS UP TO 17 INCHES, YOU KNOW, SO WE'RE SO WE'RE NOT OUTSIDE.

WE'RE A COMMUNITY SERVICE THAT'S BEEN AROUND SINCE 1975, AND WE'VE USED TO BE OVER AT RHODES PARK. AND THEN WE MOVED OVER TO VERMONT, AND WE JUST STARTED GROWING IN THE LAST 40 SOME YEARS, YOU KNOW, SO WE DECIDED TO BE LOOKED AROUND AND THAT WAS PRETTY CLOSE.

AND THE GENTLEMAN THAT OWNS THE PROPERTY WAS WILLING TO WORK WITH US BECAUSE WE'RE NOT.

OH, YOU WERE NOT A BUSINESS TYPE THING WHERE 501 C TWO NOT FOR PROFIT.

IT'S THE BOARD HAVE ANY QUESTIONS, PLEASE.

A, I HAD DRIVEN BY THE FACILITY.

ARE YOU ALL ALREADY OCCUPYING THAT BUILDING? YOUR SIGN IS ON THE DOOR.

YOU'RE ALREADY IN THAT BUILDING.

YOU'RE JUST ASKING FOR THE ZONING THEN.

RIGHT. AND YOU HAVE THAT WHOLE BUILDING.

YES, IT'S A STAND ALONE BUILDING.

I SEE YOU HAVE THE SIDE LOT.

FENCE. LET IT ALSO BE USING THAT.

[00:30:02]

FOR STORAGE. WELL, YEAH, WE BASICALLY DOG TRAINING THEMSELVES OR WHATEVER ANY TRAINING IS DONE INSIDE THE BUILDING.

RIGHT. THERE IS NO BOARDING, THERE IS NO OVERNIGHT STAYING THERE DURING THE DAY.

YOU KNOW, IMAGINE THE DOGS HAVE TO RELIEVE THEMSELVES.

I IMAGINE THAT WOULD COME IN HANDY.

YES. ALL RIGHT, THANK YOU.

JUST ONE NOTE TO DON.

THIS IS NOT A ZONING CHANGE IS STRICTLY CONDITIONAL USE.

OK, ANY OTHER QUESTIONS? OKAY. WELL, MY MY QUESTION WAS ANSWERED.

OK. ALL RIGHT. THANK YOU, FOLKS.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK BILL? GILBERT IN 580 SOUTHWEST FIRST ONE LITER JORDAN, YOU HIT THE QUESTION RIGHT ON THE HEAD WHEN IT WAS SECTION B, PARAGRAPH EIGHT VETTING AND BOARDING BECAUSE IT WAS STILL FOR LIVESTOCK OR FOR ANIMALS.

WHY THIS DIDN'T JUST FALL UNDER THAT CATEGORY, AND THE ONLY DIFFERENCE WAS ONE WAS TRAINING AND THE OTHER ONE WAS.

VETERINARIAN, BUT THAT ONE DID ALLOW BOARDING, BUT THIS ONE DOES NOT ALLOW BOARDING, AND I CAN SEE WHERE PEOPLE COME IN, TRAVEL IN AND BRING THEIR DOGS, THEY STILL HAVE TO FIND A PLACE TO PUT THEIR DOGS.

THEY'RE GOING TO BE ANOTHER BOARDING PLACE AVAILABLE OR THEY MIGHT BE ABLE TO BOARD WHILE THEY'RE GETTING THEIR DOGS TRAINED AS QUESTION NUMBER ONE.

RIGHT? QUESTION NUMBER TWO WAS THE FACT THAT THIS WAS A 501 501 C ORGANIZATION.

THIS IS COMMERCIAL PROPERTY AS A 501 C QUALIFY FOR NON TAX NON TAXABLE TO THE CITY.

THAT'S WHY I'M TRYING TO SAY IF THAT'S NOT WHAT IT IS AND I PREFER TO SEE SOMETHING THAT WAS TAXABLE, INSTEAD GIVING THEM A SPECIAL BENEFIT THAT DOESN'T BRING ANY TAX REVENUE INTO THE CITY SINCE IT'S A 501 C BUSINESS AND THEY'RE ALREADY THERE.

LET'S SEE IF WE CAN MAKE SURE WE'RE NOT MAKING A MISTAKE SOMEPLACE.

THANK YOU. HE OR ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK.

NO, NO. CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD.

PATRICK, DID YOU WANT TO KIND OF JUST RESPOND BRIEFLY TO BILL'S? YES, NONPROFITS TYPICALLY ARE TAX EXEMPT.

THEY HAVE BEEN OPERATING IN THE CITY FOR A FEW YEARS IN A COMMERCIAL LOCATION.

THE MOVE TO THE LIGHT INDUSTRIAL IS JUST FOR A LARGER BUILDING.

SO THE TAX EXEMPTION IS NOT BEING CREATED BECAUSE THEY'RE MOVING TO L.A.

THEY'VE ALREADY BEEN IN THE CITY.

ACTUAL EXEMPTIONS JUST CONTINUED AT A DIFFERENT LOCATION.

RIGHT? UH.

I GET A A MOTION BOARD. THE MAKE A MOTION TO IMPROVE CASE NUMBER T 50 TO TWENTY TWENTY ONE SECOND A MOTION FROM JAMES, SECOND FROM RICHARD, ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY I ALL OPPOSED.

MOTION CARRIES UNANIMOUSLY.

FOLKS, OUR NEXT CASE, PLEASE, PATRICK.

CASEY, FIFTY THREE, TWENTY TWENTY ONE BACKGROUND.

SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF THOR AVENUE BETWEEN OGOR CIRCLE AND CONVER STREET IN PORT MELBOURNE, UNIT 40 EMU 40 IS A COMMERCIAL AND MULTIFAMILY SUBDIVISION GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF MALABAR ROAD AND BABCOCK STREET. SPECIFICALLY, THE PROPERTY IS A 14 BLOCK 1985 LOCATED IN SECTION THREE TOWNSHIP.

TWENTY NINE SOUTH RANGE, THIRTY SEVEN EAST BREVARD COUNTY, FLORIDA.

A LOT OF THE APPROXIMATELY ZERO POINT FIVE SIX ACRES PROPERTY CONTAINS A WAREHOUSE BUILDING AND WAS CONSTRUCTED IN 2002.

IT INCLUDES APPROXIMATELY FOUR THOUSAND ONE HUNDRED SEVENTY SQUARE FEET OF WAREHOUSE SPACE WITH THREE UNITS.

THE APPLICANT IS REQUESTING CONDITIONAL USE APPROVAL FOR A SECURITY DWELLING UNIT IN THE JC GENERAL COMMERCIAL ZONING DISTRICT, AS REQUIRED BY SECTION ONE EIGHTY FIVE POINT ZERO FIVE FOUR D THREE OF THE PALM BAY CODE OF ORDINANCES.

THE APPLICANT FOR THIS REQUEST IS SCOTT MCFARLANE.

CODE REQUIREMENTS TO BE GRANTED CONDITIONAL IS APPROVAL REQUESTS ARE EVALUATED UPON ITEMS A THROUGH EYE OF THE GENERAL REQUIREMENTS AND CONDITIONS OF SECTION ONE FIVE POINT ZERO EIGHT SEVEN OF THE CODE OF AUDIENCES.

ARE YOU THESE ITEMS AS FOLLOWS ITEM A.

ADEQUATE INGRESS AND EGRESS ACCORDING TO THE APPROVED SITE PLAN, THE PROPERTY HAS ONE DRIVEWAY ACCESS ONTO THOR AVENUE, WHICH IS SUFFICIENT FOR THE SIZE OF THE EXISTING FACILITY. NO NEW DRIVEWAYS OR ACCESS POINTS ARE PROPOSED.

ITEM B OFF STREET PARKING AND LOADING AREAS.

EXISTING BUILDING CONTAINS THREE UNITS.

UNIT A. HAS A COMMERCIAL SPACE WITH AN ATTACHED WAREHOUSE ON THE WEST SIDE OF THE BUILDING, AND SO DOES UNIT SEE THE EAST SIDE OF THE BUILDING? UNIT B IS LOCATED IN THE CENTER OF THE BUILDING AND THIS IS WHERE THE DWELLING UNIT WOULD BE LOCATED. BASED ON THE SIZE OF THE PROPERTY AND THEIR PRESENT USES, A TOTAL OF FIVE PARKING SPACES ARE REQUIRED, WITH AT LEAST ONE OF THOSE SPACES BEING HANDICAPPED ACCESSIBLE, ACCORDING TO THE SURVEY, THE SITE CONTAINS 11 REGULAR SPACES IN ONE HANDICAP SPACE. I DIDN'T SEE.

UTILITIES PROPERTY HAS CITY, WATER AND SEWER, ELECTRIC PHONE AND CABLE SERVICES AVAILABLE TO IT, AND SCREENING AND BUFFERING.

THE SITE PLAN PROVIDES THE REQUIRED BUFFERING AND NO SCREENING OF THE DWELLING UNIT IS NEEDED. SIGNS AND LIGHTING.

ONE DETACHED SIGN EXISTS JUST NORTH OF THE THOR AVENUE DRIVEWAY.

THERE ARE EXISTING WALL LIGHTS ON THE FACE OF THE BUILDING.

THE PLANS DO NOT PROPOSE ADDITIONAL SIGNS OR LIGHTING.

[00:35:02]

MF YARDS, AN OPEN SPACE PROPERTY, MEETS THE REQUIRED YARD IN OPEN SPACE REQUIREMENTS.

IMG PROPOSED USE WILL NOT CONSTITUTE A NUISANCE OR HAZARD.

FURTHER, JK DISTRICT REQUIREMENTS ONLY A MAXIMUM OF TWO PERSONS MAY OCCUPY THE UNIT.

THEREFORE, THE USE COVERED BY THIS REQUEST WILL NOT CREATE A TRAFFIC NUISANCE.

H USE IS PROPOSED FOR DEVELOPMENT WILL BE COMPATIBLE WITH EXISTING OR PERMITTED USES OF ADJACENT PROPERTIES.

THE PROJECT ITSELF INCLUDES A FLEX SPACE WAREHOUSE BUILDING THAT IS CONSISTENT WITH EXISTING DEVELOPMENT OF THE PORT MELBOURNE UNIT 40.

SINCE RESIDENTIAL USES ALREADY EXIST WITHIN UNIT 40, THE SECURITY DWELLING UNIT WILL NOT HAVE AN ADVERSE IMPACT.

ITEM D, ADDITIONAL CONDITIONS AND SAFEGUARDS THE PLANNING AND ZONING BOARD AND CITY COUNCIL HAVE THE AUTHORITY AND RIGHT TO IMPOSE ANY ADDITIONAL AND JUSTIFIABLE SAFEGUARDS AND OR CONDITIONS TO ENSURE THE FACILITY OPERATES SAFELY AND HARMONIOUSLY WITH ITS SURROUNDINGS. IN ADDITION TO THE ABOVE GENERAL REQUIREMENTS AND CONDITIONS, THIS REQUEST SHALL ADHERE TO THE SPECIAL REQUIREMENTS AND CONDITIONS LISTED IN SECTION ONE THOUSAND FIVE POINT ZERO 880.

THEY ARE ONE. UNIT WILL ONLY BE PERMITTED IN CONJUNCTION WITH A SITE THAT HAS WHOLESALE TRADE, WAREHOUSING, STORAGE CONTRACTOR OFFICES WITH STORAGE, ASSEMBLY MACHINE SHOPS, COMMERCIAL FLEX SPACE AND OR SIMILAR USES TO ANYONE UNDER THE AGE OF 18 MAY RESIDE WITHIN THE UNIT AND AT NO TIME MAY THE UNIT BE OCCUPIED BY MORE THAN TWO PERSONS.

EVERY RESIDENT MUST BE THE OWNER OF THE PROPERTY OR AN EMPLOYEE OF THE PROPERTY, OWNER RESIDENT IS NOT THE OWNER.

A SIGN A NOTARIZED CONTRACT BETWEEN THE PROPERTY OWNER AND THE EMPLOYEE SHALL BE PROVIDED TO STAFF THAT ADDRESSES PROVISIONS FOR SECURITY.

OR, YOU KNOW, IT MAY CONTAIN NO MORE THAN 1000 SQUARE FEET OF GROSS FLOOR AREA AND MAY NOT BE LOCATED IN A FREESTANDING STRUCTURE.

FIVE. IT MAY ONLY BE ONE SECURITY DWELLING UNIT PER PROPERTY.

SIX SHALL BE AT LEAST ONE PARKING SPACE DESIGNATED ON SITE.

THE RESIDENT OF THE UNIT OUT ITEM SEVEN APPLICANTS MUST DEMONSTRATE THAT APPROVAL OF AN ONSITE SECURITY DWELLING MINIMIZES THE NEED FOR OTHER SECURITY MEASURES, INCLUDING BUT NOT LIMITED TO, CHAIN-LINK FENCING STRANDS AND BARBED WIRE.

TOP FENCING OR WALLS.

EXCESSIVE SECURITY LIGHTING, THEREBY PROMOTING A MORE ESTHETICALLY ACCEPTABLE SITE DEVELOPMENT PATTERN OF CONCLUSION STAFF RECOMMENDS APPROVAL OF KCC OF FIFTY THREE POINT TWENTY TWENTY ONE, SUBJECT TO THE SPECIAL REQUIREMENTS AND CONDITIONS LISTED IN THIS REPORT TO ANSWER QUESTIONS THE BOARD MAY HAVE OR HAVE ANY QUESTIONS FOR STAFF.

THIS TIME, THANK YOU, PATRICK.

I OPEN THE PUBLIC HEARING, MR MACFARLANE.

HELLO, MY NAME IS SCOTT MACFARLANE, I'M THE OWNER OF THE PROPERTY, A TWO, SIX, ONE FLOOR AND LOOKING TO GET THE SECURITY DWELLING AND STUFF TO SECURE THE PROPERTY.

I HAVE A RESTORATION BUSINESS THAT'S THERE AND DO UPHOLSTERY AND RESTORATION.

HAVE A LOT OF VEHICLES, BOATS, THINGS LIKE THAT THAT ARE LEFT OUTSIDE ALL THE TIME THAT OUR CUSTOMERS AND JUST TRYING TO GET BETTER SECURITY.

FOR THAT, YOU'LL BE LIVING IN THE UNIT OR IT WOULD BE ME MYSELF.

YES. WOULD BE YOURSELF. YES, THE BOARD HAVE ANY OTHER QUESTIONS FOR MR MACFARLANE.

JUST ONE. ARE YOU IN AGREEMENT WITH ALL THE CONDITIONS AND ABLE TO MEET ALL THE CONDITIONS LAID OUT HERE BY STAFF? I'M SORRY, WHAT DID YOU SAY? ARE YOU IN AGREEMENT WITH ALL THE CONDITIONS THAT ARE LISTED HERE AND ARE ABLE TO MEET THEM? YES. YES, I'VE WALKED THAT OVER, I GUESS.

QUESTIONS. OK, THANK YOU, MR. THACKERAY. THANK YOU. ANYONE IN THE AUDIENCE WHO WISH TO SPEAK EITHER IN FAVOR OR OPPOSED TO THIS APPLICATION. NO, NO, CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION. MOTION TO APPROVE, SEE YOU FIFTY THREE, TWENTY TWENTY ONE.

SUBJECT TO THE SPECIAL REQUIREMENTS, I STAFF.

AND FROM DAWN'S SECOND FROM ANY FURTHER DISCUSSION.

DON'T FAVOR SAY, I ALL OPPOSED MOTION CARRIES UNANIMOUSLY.

THANK YOU, MR. BROWN. OUR NEXT CASE, PLEASE, CHRIS.

THIS CASE ON THE AGENDA IS 19, 20, 21 BACKGROUND.

THE PROPERTY IS LOCATED SOUTH OF AN ADJACENT TO ARABIA.

ROAD. SPECIFICALLY, THE SUBJECT PROPERTY IS TRACKED A ZERO ONE MILE BY UNIT 12, LOCATED IN SECTION SEVEN TOWNSHIP, 29 SOUTH RANGE, 37 EAST BREVARD COUNTY, FLORIDA.

THE TRACK IS APPROXIMATELY ONE POINT FORTY SIX ACRES OF UNDEVELOPED LAND.

THE APPLICANT IS REQUESTING A SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT TO CHANGE THE ABOVE DESCRIBED PROPERTY FROM RECREATION AND OPEN SPACE USE SINGLE FAMILY RESIDENTIAL USE.

THE APPLICANT IS STEPHANIE LOPEZ ANALYSIS FOR CHAPTER 193 COMPREHENSIVE PLAN REGULATIONS SECTION 190 THREE POINT ZERO ONE B PURPOSE AND INTENT IN THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF LAND AND RESOURCES TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.

VIRTUALLY ANY SETTLEMENT, COMPREHENSIVE PLAN, FUTURE SETTLEMENT GOAL, IF ALL YOU WANT IS TO ENSURE A HIGH QUALITY DIVERSIFIED LIVING ENVIRONMENT THROUGH THE EFFICIENT DISTRIBUTION OF COMPATIBLE LAND USES CP GOAL AFL U2 IS TO PROVIDE FOR AND MAINTAIN VIABLE NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENT TO MEET THE EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF PALM BAY. THE APPLICANT STATED THAT THE DESIRED FUTURE LAND USE IS NEEDED TO ALLOW FOR HOMES TO BE BUILT UPON THE PROPERTY.

[00:40:01]

SINGLE FAMILY RESIDENTIAL USE FUTURE LAND USE CATEGORY ALLOWS FOR A MAXIMUM RESIDENT RESIDENTIAL DENSITY OF FIVE UNITS PER ACRE WITH A RANGE OF ZERO TO FIVE UNITS PER ACRE.

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

SHELBY NOTED THAT THE PARCEL MAY ONLY BE SPLIT ONE TIME TO CREATE TWO PROPERTIES WITHOUT HAVING TO FOLLOW THE CITY SUBDIVISION ORDINANCE.

ANY FURTHER SPLITS WILL REQUIRE COMPLIANCE AND AN ADMINISTRATIVE REVIEW FOR A MINOR SUBDIVISION. LAND IS CURRENTLY ZONED TO SINGLE FAMILY RESIDENTIAL, AND THE REQUESTED FLEW CATEGORY IS CONSISTENT WITH THIS ZONING.

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

THE PARCEL IS NOT LOCATED WITH ANY OF THE FLORIDA SCRIMSHAW POLYGON'S IDENTIFIED IN THE CITY'S HABITAT CONSERVATION PLAN.

NO ADDITIONAL LISTED SPECIES ARE KNOWN TO HAVE IT THE SUBJECT PROPERTY, AND HE LISTED TWO SPECIES IDENTIFIED IN THE SUBJECT.

PARTIAL WOULD NEED TO BE MITIGATED FOR AS REQUIRED BY STATE AND FEDERAL REGULATIONS AND POOR COMPREHENSIVE PLAN POLICIES.

SEE A ONE DASH ONE POINT SEVEN B.

THIS WILL BE VETTED THROUGH THE ADMINISTRATIVE SIDE PLAN REVIEW PROCESS.

COASTAL MANAGEMENT PROPERTY IS NOT LOCATED WITHIN THE COASTAL HIGH HAZARD AREA HOUSING ELEMENT. THE PROPOSED MIXED USE AMENDMENT DOES NOT ADVERSELY IMPACT THE VARIETY OF SAFETY AND ATTRACTIVE AND AFFORDABLE HOUSING.

THE CITY AMENDMENT WILL ALLOW THE SITE TO BE USED FOR ADDITIONAL HOUSING.

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

THE AMENDMENT WILL NOT CAUSE A LITTLE SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE COMPENSATION PLAN FOR THESE SERVICES FOR THE CURRENT PLANNING PERIOD, PROPERTY CURRENTLY HAS CITY WATER AVAILABLE TO IT, BUT NOT SEWER CONNECTION TO CITY SEWER WOULD BE DETERMINED UPON SUBMISSION OF A MINOR SUBDIVISION APPLICATION.

IF THE PROPERTY WERE TO BE SPLIT MORE THAN ONE TIME.

RANGE, ANY DEVELOPMENT OF THE SITE SHALL MEET ALL CRITERIA FOR THE CITY'S STORMWATER MANAGEMENT ORDINANCE AND ALL CRITERIA OF RULE 62 DEATHS, 330 OF THE FLORIDA ADMINISTRATIVE CODE. COMPLIANCE WITH THESE PROVISIONS WILL BE REVIEWED AND ENFORCED DURING THE BUILDING PERMIT REVIEW PROCESS AND OR THE SUBDIVISION PROCESS.

SOLID WASTE SOLID WASTE COLLECTION IS PROVIDED TO THE AREA BY REPUBLICAN SERVICES.

SUFFICIENT CAPACITY EXISTS WITHIN BREVARD COUNTY LANDFILLS TO SERVICE THE PROPERTY.

INTERGOVERNMENTAL COORDINATION ELEMENT, PUBLIC SCHOOLS BASED ON THE RELATIVELY SMALL SIZE OF THE PARCEL THE FLU AMENDMENT REQUESTED WILL HAVE NO ADVERSE IMPACTS ON THE PUBLIC SCHOOL SYSTEM. WE SHOULD OPEN SPACE RECREATION, OPEN SPACE ELEMENT ADDRESSES THE CURRENT AND FUTURE RECREATIONAL NEEDS OF THE CITY.

SINGLE FAMILY RESIDENTIAL USE DOES NOT HAVE MORE OF A DEMAND UPON THE PARKS REC LEVEL SERVICE STANDARDS THAN THE RECREATION OPEN SPACE USE.

HOWEVER, THE NUMBER OF HOMES THAT COULD BE CONSTRUCTED UPON THE PROPERTY WOULD HAVE A DE MINIMIS EFFECT ON THE RECREATION LOSS LOS.

TRANSPORTATION ELEMENT, THE OBJECTIVES OF THE TRANSPORTATION ELEMENT ARE TO PROVIDE A SAFE, BALANCED, EFFICIENT TRANSPORTATION SYSTEM THAT MAINTAINS ROADWAY LEVEL SERVICE AND ADEQUATELY SERVES THE NEEDS OF THE COMMUNITY.

ADJACENT ROADWAY SEGMENTS MUST MEAN A LEVEL SERVICE SEE PER THE CITY'S ADOPTED COMPREHENSIVE PLAN. THE LATEST FDOT 2020 QUALITY AND LEVEL OF SERVICE HANDBOOK WITH THE GENERALIZED ANNUAL AVERAGE DAILY VOLUME FOR URBANIZED AREAS WILL BE USED FOR THE ANALYSIS IF THE APPLICANT SUBMITS FOR MINOR SUBDIVISION APPROVAL.

HOWEVER, NO IMPACTS OF ADJACENT ROADWAYS ARE ANTICIPATED.

ASHLEY IS THE PROPERTY RIGHTS ELEMENT.

THE GOAL OF THE COMPREHENSIVE PLANS PROPERTY RIGHTS ELEMENT IS FOR THE CITY TO RESPECT JUDICIALLY ACKNOWLEDGED AND CONSTITUTIONALLY PROTECTED PRIVATE PROPERTY RIGHTS.

THIS PROPOSED LAND USE CHANGE DOES NOT APPEAR TO INFRINGE UPON THEIR PROPERTY RIGHTS OF THE APPLICANT. RECOMMENDATION A CPA 19 20 21 IS RECOMMENDED FOR APPROVAL SUBJECT TO THE STAFF COMMENTS. BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

THE BOARD HAVE ANY QUESTIONS FOR STAFF.

PICK ONE. PATRICK, IS THIS SOMETHING FROM THE CITY THAT IS UNDER CONTRACT? I KNOW THIS IS A PRIVATELY HELD PROPERTY THAT THE APPLICANT IS PURCHASING.

THIS IS NOT FROM THE CITY, NOT A SURPLUS PROPERTY.

YOU KNOW, THE QUESTION IS FOR STAFF.

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

SO, STEPHANIE, VICTOR LOPEZ FIVE EIGHTY THREE, ADDISON STREET, PALM BAY, FLORIDA, THREE, TWO NINE OH NINE. WE BOUGHT THIS PROPERTY ABOUT A YEAR AGO.

WE WERE PLANNING TO BUILD ON IT.

WE ARE NO LONGER PLANNING TO DO THAT.

WE THOUGHT HE WAS A FAMILY RESIDENTIAL UNIT.

WE CONTACTED SOMEBODY TO SELL THE PROPERTY AND WE FOUND OUT IT'S ACTUALLY RECREATIONAL, SO WE ARE WANTING TO SWITCH IT FROM RECREATIONAL TO RESIDENTIAL.

THAT WOULD HAVE ANY QUESTIONS FOR MR. LOPEZ. SO YOU'RE YOU'RE SELLING IT TO AN INVESTOR.

DO YOU KNOW WHAT, SO WE'RE EITHER GOING TO BUILD ON IT.

WE'RE NOT SURE AT THE MOMENT, BUT WE CONTACTED SOMEBODY TO BUILD A HOME AND PROBABLY IS GOING TO BE TWO HOMES. WE'RE NOT SURE AT THE MOMENT, BUT WE'RE TRYING TO SELL EITHER HALF OF IT AND THEN KEEP HALF.

INITIALLY, WE WANTED MY MOM TO MOVE TO THE BACK SO WE COULD, YOU KNOW, BE TOGETHER.

BUT THAT DOESN'T SEEM TO BE HAPPENING, SO WE JUST WOULD LIKE TO SWITCH IT TO RESIDENTIAL.

[00:45:06]

THOSE CHANGES, IF THOSE PLANS CHANGED, THEN WE CAN BUILD ON IT.

IF NOT, THEN WE CAN SELL IT.

WE CAN'T SELL A RECREATIONAL LAND.

NOBODY WOULD WANT TO BUY IT.

SO. WE WERE IGNORANT TO THE FACT THAT IT WAS RECREATIONAL WHEN WE BOUGHT IT, WE THOUGHT HE WAS RESIDENTIAL.

SO THOSE ARE THE PLACE.

THE OTHER QUESTIONS. LOPEZ SAW ANYONE IN THE AUDIENCE WHO WISHED TO SPEAK IN FAVOR OR OPPOSED TO THIS APPLICATION AND.

TERRIBLE NIGHT.

WAIT TILL YOU GET TO THE PODIUM, PLEASE, MA'AM.

GOOD EVENING, MY NAME IS SHARON LOPEZ.

I LIVE AT A EIGHT TO ONE ARABIA.

ROAD SOUTHEAST, RIGHT IN FRONT OF THE PROPERTY THAT THEY PURCHASED.

NO, NO RELATION TO THE APPLICANT AND NO RELATION TO THE APPLICANT.

THE REASON I'M HERE TONIGHT IS BECAUSE WHEN I RECEIVED THE LETTER FROM THE CITY, I WAS VERY CONCERNED.

IF ANY ONE OF YOU HAVE BEEN ON ARABIA.

ROAD, IT'S A WINDING ROAD.

OCCURS SEVERAL TIMES.

AND AT NIGHT, YOU CANNOT SEE.

NOT ONLY THAT, THE STREET IS VERY NARROW, SO.

IF I WERE TO BACK OUT OF MY DRIVEWAY AND SOMEONE IS COMING AROUND THE CORNER MANY TIMES, THEY DO NOT SEE ME IN TIME AND I HAVE TO STOP.

NOW WE HAVE AMAZON TRUCKS, FEDEX TRUCKS, A LOT OF CONSTRUCTION TRUCKS IN THAT AREA.

AND IT'S VERY, VERY DANGEROUS.

THE LIGHTING, THE ROAD IS SMALL, NARROW AND.

THAT'S IT. IT'S NOT IT SHOULDN'T BE RESIDENTIAL.

ARABIA ROAD HAS, I THINK, THREE NEW CONSTRUCTIONS GOING ON, AND IT'S TIGHT.

VERY TIGHT. WELCOME.

IS THERE ANYONE ELSE WHO WISH TO SPEAK TO HIM? WELL, PLEASE COME TO THE PODIUM.

YOU HAVE ANYTHING YOU'D LIKE TO SAY THE PODIUM.

HELLO, MARY ANN.

CHANNEL EIGHT SEVEN ONE DRIFTWOOD AVENUE SOUTHEAST.

TERRI HANLON SAME ADDRESS 871 ONE.

UM, MY CONCERN IS MOSTLY ENVIRONMENTAL, BECAUSE WE HAVE HAD A BIG BOOMING THING GOING ON HERE IN PALM BAY AND ALL THE LITTLE CREATURES THAT HAVE BEEN CONSTANTLY THROWN OUT OF THEIR HOMES. THAT'S WHY WE HAVE THESE PARK AREAS TO HELP KEEP THESE LITTLE CREATURES TO SURVIVE. I, IT IS A VERY RESIDENTIAL AREA.

IT'S A SMALL AREA IN SOUTHEAST PALM BAY.

IT'S A LOVELY LITTLE AREA AND WE REALLY DO NOT THINK IT SHOULD BE CHANGED.

I TRULY ASKED THE COUNCIL TO NOT CHANGE THE ZONING.

I DON'T SEE WHY WE NEED TO CHANGE ZONING ALL OVER THE PLACE THAT PEOPLE CAN BUILD IN THESE AREAS WHERE WE HAVE DESIGNATED PARK AREAS FOR THE LIVING SPACES IN PALM BAY.

WE'VE BEEN RESIDENTS HERE FOR OVER 35 YEARS, THIRTY SEVEN YEARS, SEVEN YEARS.

AND THIS IS THE THIRD TIME THAT THEY'VE TRIED TO CHANGE THIS NATURAL PARK INTO SOMETHING ELSE. AND IT SHOULD BE UNAVAILABLE, PERIOD.

THESE SPACES ARE HERE, AND MY NEIGHBOR AND MYSELF BUILT OUR HOME BECAUSE OF NATURE.

PARK WAS RIGHT BACK UP TO US, AND NOW THEY WANT TO BUILD HOMES ON IT.

THERE'S NO ROADS BACK THERE FOR ONE POINT FORTY SIX ACRES.

I DON'T THINK THAT'S A LOT. THERE'S NO ROADS BACK THERE BUILT AND THERE'S NOTHING PLANNED TO BE BUILT AND THERE'S TREMENDOUS.

I PRINTED THIS.

THIS IS ALL THE LOTS THAT ARE AVAILABLE RIGHT THERE.

YOU CAN GET A LOT OF LAND, A LOT OF LAND.

I DON'T KNOW WHY THEY WANT TO.

SO WE DON'T NEED TO CHANGE THE ZONING, INFRINGE ON AN ENVIRONMENTAL PLACE WHERE MY KIDS PLAY, MY GRANDKIDS PLAY.

YEAH, TO ME.

THERE'S A WHOLE LOT OF ROOM IN PALM BAY.

THERE'S NO SENSE IN US TAKING ALL THESE NATURE PARKS OUT THERE, ENVIRONMENTALISTS.

WE GET OUR OXYGEN BECAUSE OF SOME OF THE ENVIRONMENTAL PARKS TO PRODUCE IT, BECAUSE THAT'S WHAT THEY'RE THERE FOR.

AND THE LAND WE FEEL IS ALREADY BEING USED AS THE MOST APPROPRIATE USE, WHICH IS A DESIGNATED PARK.

SO WE TRULY ASK YOU TO DENY THIS ZONING CHANGE.

THANK YOU. THANK YOU.

THANK YOU. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISH TO SPEAK? EVENING, MY NAME IS JACQUELINE TURAY, AND I RESIDE AT EIGHT ON ONE ARABIA.

ROAD. I'M JUST TO REITERATE WHAT WAS BEING SAID.

WE HAVE A RECREATIONAL AREA HERE THAT THEY'RE TRYING TO RESUME.

THEY DON'T EVEN KNOW WHAT THEIR REZONING IT FOR.

SO MY I'M REALLY OPPOSED TO THAT.

THE INFRASTRUCTURE WHERE WE LIVE AT IS IS NOT UP TO PAR FOR MORE HOUSING.

[00:50:01]

SO WE WOULD LIKE TO JUST LEAVE IT THE WAY IT IS AND NOT HAVE ANYTHING ELSE BUILT THERE.

THANK YOU. ANYONE ELSE WHO WISHES TO SPEAK? NONE AT THIS POINT, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD JUST ONE NOTE, I WANT TO MENTION THESE FOLKS THAT THIS IS NOT A ZONING CHANGE.

THIS PROPERTY IS ALREADY ZONED OR AS TO WHICH IS RESIDENTIAL.

IT BOARD. CAN I GET A MOTION, PLEASE? IT'S A COMPREHENSIVE PLAN CHANGE, THE PROPERTY IS ALREADY ZONED RESIDENTIAL, LIAM.

THEY ARE THEY ALREADY OWN THE PROPERTY.

MR. SHERMAN, I'LL GO AHEAD AND ADDRESS THAT.

SO THIS IS PROPERTY WAS CREATED BY THE GENERAL DEVELOPMENT CORPORATION WHEN THEY ESTABLISHED THIS SUBDIVISION, LIKE ALL THE OTHER PORT MELBOURNE UNITS OUT THERE IN GDAX, VISION WAS TO HAVE NUMEROUS LITTLE POCKET PARKS SET UP ALL OVER THE CITY.

AND AS THESE PARCELS GOT ANNEXED INTO PALM BAY AFTER GDC PLANTED THESE MOSTLY IN THE 70S CITY OF PALM BAY WOULD TAKE THEM IN.

IN THE CITY OF PALM BAY WAS DEVELOPING OTHER PARKS, LARGER, MORE REGIONAL PARKS AND NOT EVEN JUST REGIONAL, BUT JUST LARGER PARKS.

AND THE CITY NEVER PURCHASED HIS PROPERTY, NEVER OWNED THIS PROPERTY.

MR. GDAX INTENTION WAS TO HAVE THIS.

SO IT HAD A FUTURE LAND USE DESIGNATION OF RECREATION AND OPEN SPACE, BUT A DESIGNATION OF R2 SINGLE FAMILY RESIDENTIAL ZONING BECAUSE RECREATION OPEN SPACE IS ALLOWED IN THAT ZONING CATEGORY.

PARTIAL TO THE WEST OF IT, WHICH HAS A UTILITIES USE ON IT, ALSO HAS AN HONEST TO DISTRICT. SO WE'VE SEEN OVER TIME A NUMEROUS NUMBER OF PARCELS THAT HAVE SORT OF A DIFFERENT LAND USE AND ZONING.

THEY DON'T COMPLETELY MATCH UP BECAUSE GDC JUST KIND OF LEFT THEM ALL OUT THERE.

AND WHAT WE FOUND, THERE'S A LOT OF FOLKS THAT BUY THESE PROPERTIES ARE BUYING THIS BECAUSE REALTOR MAY BE TELLING THEM, YEAH, IT ZONED OURS TO THEM.

WHEN THEY GET IT, THEY REALIZED, WELL, THE LAND USE DOESN'T REALLY MATCH UP.

AND SO THEY KIND OF GET CAUGHT IN A LITTLE CATCH-22 WHERE THEY THOUGHT THEY WERE BUYING A RESIDENTIAL PROPERTY BECAUSE THAT'S HOW IT'S ZONED.

BUT THEN THAT LAND ISN'T CONSISTENT.

SO WHAT THIS DOES IS IT'S GOING TO MAKE THE LAND USE ALIGN WITH THE RESIDENTIAL.

WHAT THE APPLICANT IS INTENDING TO DO IS CREATE TWO HOMES OUT OF ONE POINT FORTY SIX ACRES. THIS IS AN EXTREMELY LOW DENSITY, ROUGHLY ABOUT A QUARTER ACRE OF DENSITY WHEN THE SURROUNDING AREA IS FOUR UNITS PER ACRE, SO DOESN'T SEEM LIKE IT'S GOING TO HAVE MUCH OF AN IMPACT. THANK YOU, PATRICK.

I I'VE ALREADY CLOSED THE PUBLIC HEARING, MA'AM.

YOU ALREADY SPOKE, MA'AM.

PUBLIC, THE PUBLIC, THE PUBLIC HEARING IS CLOSED.

AT THIS POINT, CAN I GET EMOTIONAL? MAKE A MOTION TO APPROVE.

CASEY CP ONE NINE, DASH TWENTY TWENTY ONE SECOND A MOTION FROM JAMES, SECOND FROM RICHARD. ANY FURTHER DISCUSSION? WELL, IF YOU WERE SAY I, I'M ALL OPPOSED.

A MOTION MOTION CARRIES UNANIMOUSLY.

THERE WERE NEXT CASE, PLEASE, CHRIS, A CP 20, 20, 21 BACKGROUND.

PROPERTIES LOCATED EAST OF AN ADJACENT TO CROSS-GENDER DRIVE, NORTHWEST AND IN VICINITY NORTH OF HEYWORTH CIRCLE NORTHWEST.

SPECIFICALLY, THE SUBJECT PROPERTY IS TRACT A OF PORT MALABAR UNIT 39, SECTION 30 TOWNSHIP, 28 RANGE THIRTY SIX.

OF COURSE, THE WHOLE OF JUST ONE SECOND LET THE ROOM CLEAR.

ALL RIGHT, THANK YOU. CAUSE THIS PROPERTY IS VACANT, UNDEVELOPED PLAN.

THE APPLICANT PURCHASED THE PROPERTY IN SEPTEMBER OF 2003 AND WAS REQUESTING A SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT TO CHANGE SIX POINT FIFTY TWO ACRES OF LAND FROM COMMERCIAL USE TO MULTIFAMILY RESIDENTIAL USE ANALYSIS FOR CHAPTER 193. COMPREHENSIVE PLAN REGULATION SECTION TWENTY THREE POINT ZERO ONE B.

THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF LAND AND RESOURCES TO PROMOTE THE HEALTHY HEALTH, SAFETY AND WELFARE OF THE COMMUNITY AND ON FUTURE LAND USE SETTLEMENT INCLUDED WITH THE APPLICATION AS A STATEMENT OF JUSTIFICATION FOR THE COMPREHENSIVE PLAN MAP AMENDMENT.

THE STATEMENT INDICATES THAT THE APPLICANT DESIRES THE PROPERTY TO BE DEVELOPED IN FUTURE AS A MULTIFAMILY PROJECT OF EITHER TOWNHOMES OR CONDOS.

COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOAL FLOW ONE IS TO ENSURE A HIGH QUALITY, QUALITY, DIVERSIFIED LIVING ENVIRONMENT THROUGH THE EFFICIENT DISTRIBUTION OF COMPATIBLE LAND USES. CP GOAL FLEW TO IS TO PROVIDE OR MAINTAIN VIABLE NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENT TO MEET EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF PALM BAY AND CP GOAL.

FLU AID IS TO PROVIDE A DIVERSIFIED AND SELF-SUSTAINING PATTERN OF LAND USES WHICH

[00:55:04]

SUPPORT THE PRESENT AND FUTURE POPULATION OF THE CITY OF PALM BAY.

RECENT STUDIES HAVE SHOWN THAT THERE IS A LACK OF MULTIFAMILY HOUSING IN PALM BAY AND THAT THE EXISTING MULTIFAMILY DEVELOPMENTS HAVE AN EXTREMELY LOW VACANCY RATE, THUS DRIVING THIS NEED.

THIS AMENDMENT WILL HELP FURTHER THE STRIKE THE BALANCE OF DIVERSIFIED LIVING ENVIRONMENT SOUGHT BY THE ABOVE GOALS.

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

TYPICAL USES ALLOW TO INCLUDE SINGLE FAMILY HOMES, DUPLEXES, MULTIFAMILY UNITS, CONGREGATE LIVING UNITS, RECREATIONAL USES AND INSTITUTIONAL USES SUCH AS SCHOOLS, CHURCHES AND UTILITIES.

MS. ESTABLISHED. UH, DENSELY DENSITY LIMIT WOULD YIELD A MAXIMUM OF 130 UNITS, HOWEVER, AS INDICATED IN THE COMPANION REZONING REQUEST, CP'S TWENTY TWENTY TWENTY ONE.

THE APPLICANT IS REQUESTING ARMED FIFTEEN ZONING DISTRICT TO BE APPLIED TO THE PARCEL PROVISIONS OF THE ARM 15 DISTRICT WOULD ONLY PERMIT A MAXIMUM OF 15 UNITS PER ACRE.

THIS WAS RESULT IN NO MORE THAN NINETY SEVEN UNITS.

A DEVELOPMENT OF THIS SIZE WOULD BE CONSIDERED MEDIUM DENSITY RESIDENTIAL DEVELOPMENT, AND IF APPROVED, THIS DENSITY SHOULD BE THE MAXIMUM PERMITTED BY THIS AMENDMENT REQUEST.

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

PARCEL IS NOT LOCATED WITHIN ANY OF THE FLORIDA SCRUB POLYGONS IDENTIFIED OF THE CITY'S CONSERVATION PLAN.

NO ADDITIONAL LISTED SPECIES ARE KNOWN TO INHABIT SUBJECT PROPERTY.

HOWEVER, ANY LISTED SPECIES IDENTIFIED ON THE SUBJECT PARTIAL WOULD NEED TO BE MITIGATED AS REQUIRED BY STATE AND FEDERAL REGULATIONS AND PER COMPREHENSIVE PLAN POLICY SI ON ONE POINT SEVEN B. THIS WILL BE VETTED THROUGH THE ADMINISTRATIVE SITE PLANNING REVIEW PROCESS. COASTAL MANAGEMENT, A SUBJECT PROPERTY, IS NOT LOCATED WITHIN THE COASTAL HIGH HAZARD AREA. FREE HOUSING ELEMENT THE PROPOSED FUTURE LAND USE AMENDMENT DOES NOT ADVERSELY IMPACT THE SUPPLY AND VARIETY OF SAFETY AND ATTRACTIVE AND AFFORDABLE HOUSING WITHIN THE CITY. THE AMENDMENT WOULD ALLOW THE SITE TO BE USED FOR ADDITIONAL HOUSING AND ALLOW FOR A TYPE OF TYPE OF HOUSING MULTIFAMILY THAT IS NEEDED THROUGHOUT PALM BAY INFRASTRUCTURE. THE CITY EVALUATES PRESENT AND FUTURE WATER, SEWER DRAINAGE AND CYCLEWAYS AND ASSESSES THE ABILITY OF INFRASTRUCTURE NEEDED TO SUPPORT DEVELOPMENT UTILITIES.

FUTURE LAND USE CHANGE WILL NOT CAUSE A LEVEL OF SERVICE TO FALL BELOW THE STANDARDS ADOPTED AND COMPREHENSIVE PLAN FOR THESE SERVICES.

THE CURRENT PLANNING PERIOD I WELCOME WATER.

UH, PUBLIC WATER AND SEWER FACILITIES ARE NOT READILY AVAILABLE AT THE SITE.

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

DRAINAGE. ANY DEVELOPMENT OF THE SITE SHALL MEET ALL OF THE CRITERIA OF THE CITY STORMWATER MANAGEMENT ORDINANCE CHAPTER ONE SEVENTY FOUR AND THE CRITERIA OF RULE SIXTY TWO DASH THREE THREE ZERO OF THE FLORIDA ADMINISTRATIVE CODE.

COMPLIANCE WITH THESE PROVISIONS WILL BE REVIEWED IN FORCE DURING THE ADMINISTRATIVE SIGHTLINE REVIEW PROCESS.

SOLID WASTE ALL WASTE COLLECTION IS PROVIDED TO THE AREA BY REPUBLIC SERVICES.

SUFFICIENT CAPACITY EXISTS WITHIN OUR COUNTY LANDFILLS TO SERVICE THE PROPERTY.

YOU KNOW, NUMBER FIVE, INTERGOVERNMENTAL COORDINATION ELEMENT.

THE PUBLIC SCHOOLS, THE PROPOSED FUTURE LAND USE AMENDMENT TO MULTIFAMILY USE WILL ADD HOUSING UNITS. SOME IMPACTS TO THE PUBLIC SCHOOL SYSTEMS ARE ANTICIPATED, HOWEVER, CONSIDERING THE ADJACENT CONCURRENCY SERVICE AREAS THERE SUFFICIENT CAPACITY.

NEXT, RECREATION, OPEN SPACE, ELEMENT RECREATION AND OPEN SPACE ELEMENT ADDRESSES THE CURRENT AND FUTURE RECREATION NEEDS OF THE CITY MULTIFAMILY RESIDENTIAL UNIT DOES HAVE MORE OF A DEMAND UPON THE PARKS AND RECREATION LEVEL SERVICE STANDARDS THAN SINGLE FAMILY RESIDENTIAL USE. HOWEVER, THIS ELEMENT SETS A LEVEL SERVICE STANDARD OF TWO ACRES PER 1000 RESIDENTS.

THE CITY MAINTAINS PUBLIC OWNERSHIP OF PARK DESIGNATED LANDS THAT FAR EXCEED THIS REQUIREMENT. THEREFORE, THE DENSITY INCREASE WOULD HAVE A DIMINISHED EFFECT ON THE RECREATION LEVEL OF SERVICE TRANSPORTATION ELEMENT.

THE OBJECTIVES OF THE COMPREHENSIVE PLANS TRANSPORTATION ELEMENT ARE TO PROVIDE A SAFE BALANCE OF 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 OF THE EXISTING TRANSPORTATION SYSTEM, ALONG WITH ANY SUGGESTED IMPROVEMENTS WHICH WILL BE TAKEN UNDER CONSIDERATION DURING THIS SITE.

PLAN REVIEW SLASH APPROVAL PROCESS PROPERTY RIGHTS ELEMENT.

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

THIS PROPOSED LAND USE CHANGE DOES NOT APPEAR TO INFRINGE UPON THE PROPERTY RIGHTS OF THE APPLICANT. THAT'S CONCLUSION, THE ANALYSIS CONTAINED IN THIS REPORT SHOULD PROVIDE THE PLANNING AND ZONING BOARD AND CITY COUNCIL THE INFORMATION TO DETERMINE THE NEED AND JUSTIFICATION FOR THE CHANGE.

I'D BE HAPPY TO ANSWER ANY QUESTIONS OR MAY HAVE.

THERE IS ANOTHER CONDITION FOR THE BOARD AND COUNCIL PROVE CASE SEP20.

TWENTY TWENTY ONE THEN STAFF REPORT RECOMMENDS THE FOLLOWING ITEMS BE CONDITIONED ON THE

[01:00:04]

APPROVAL MAXIMUM DENSITY SHALL BE CAPTIVE BREAK.

IS BOARD HAVE ANY QUESTIONS FOR STAFF? CHRIS, YOU KNOW, IT'S UP 15 UNITS PER ACRE.

MM HMM. THAT'S LIKE A CONDO TYPE THING, THREE STORIES HIGH.

I THINK THERE'S NOT THAT BIG NO.

15 UNITS PER ACRE WOULD BE THE MAXIMUM AMOUNT OF UNITS PER ACRE THAT WOULD BE CONSISTENT AND COMPATIBLE WITH THAT AREA.

IT WOULD ALSO BE CONSISTENT WITH THE ZONING THAT'S BEING REQUESTED IN THE NEXT CASE.

SO IF IF THE OWNERS OF THE PROPERTY CURRENTLY WOULD LIKE TO SELL IT, THE NEXT PERSON WOULDN'T BE ABLE TO JUST CHANGE THE ZONING TO GET A HIGHER LEVEL DENSITY.

IT WOULD BE RUNNING WITH THE LAND USE AND THE ZONING TO BOTH BE LOCKED IN AT 15 UNITS PER ACRE. WE'LL HEAR FROM THE APPLICANT, BUT THIS ISN'T PROPOSED THAT THEY'RE GOING TO PUT 15 UNITS. JUST WE'RE LIMITED.

CORRECT. YOU.

SO THIS SAYS THE THE OWNERS HAD THE PROPERTY FOR OVER 18 YEARS AS A COMMERCIAL LAND, AND THEY HAVE DETERMINED THAT THEY HAVEN'T BEEN ABLE TO SELL IT SIMPLY BECAUSE PEOPLE THOUGHT IT WASN'T FEASIBLE.

JUST WANT TO FIND OUT IF THE CITY OF PALM BAY HAS DONE ANY VALUATION OF THIS PROPERTY TO DETERMINE THAT IT IS NOT NECESSARILY FEASIBLE FOR A COMMERCIAL? I PERSONALLY REVIEWED IT AND THE APPLICATION, AND I DO BELIEVE THAT IT WOULD NOT BE VIABLE FOR A COMMERCIAL BECAUSE OF THE RUN FOR CITY WATER AND SEWER TO MAKE IT COMMERCIALLY VIABLE.

YOU NEED MORE UNITS TO BE ABLE TO DO THAT.

SO THE ONLY WAY TO ACTUALLY GET IT TO BE DEVELOPED WOULD BE ABLE TO DO MULTIFAMILY, WHETHER IT BE ARM 10 OR ARM 15.

ARM 15 ALLOWS A LITTLE BIT MORE FLEXIBILITY FOR RETURN ON INVESTMENT, WHICH IS WHY IT'S THE LOWEST. THAT WAS REQUESTED FOR IT TO GO AS COMMERCIAL.

I DON'T THINK IT'S POSSIBLE, ESPECIALLY WITH THE ROAD COUNTS OR AS MUCH TRAFFIC IS OUT THERE, THERE'S NOT A WHOLE LOT. IT'S A DEAD END ROAD.

MOST COMMERCIAL RETAILERS WON'T EVEN ENTERTAIN THAT.

ANY OTHER QUESTIONS FOR STAFF? THIS POINT, WILL THE AFGHAN POLICE COME TO THE PODIUM? EVENING, MY NAME IS BIBI CHAND, AND I AM ASKING FOR REZONING OF MY PROPERTY LOCATED AT 375 KRASSNER DRIVE FROM COMMERCIAL TO MULTIFAMILY.

WOULD HAVE ANY QUESTIONS. I WANT TO MAKE A NOTE THAT THIS THIS PARTICULAR CASE IS THE COMPREHENSIVE PLAN CHANGE, NOT THE ZONING CHANGE.

THANK YOU, MR. GENT. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION? OR OPPOSED? SURE.

MY NAME IS RICHARD RICHARD DUFFY.

I LIVE ON 5:26 DE LEON CORT, WHICH IS RIGHT ON THE OTHER SIDE OF THAT TRACK.

I TOTALLY OPPOSED THIS.

NOW I'M NOT OPPOSED AGAINST EMILY HOME, EVEN DOUBLE FAMILY HOMES.

BUT THIS MULTIPLE FAMILY HOMES, I'M HEARING 15 PER 15 APARTMENTS OR CONDOS PER ACRE.

THAT AREA, I DON'T KNOW IF YOU GUYS ARE FAMILIAR WITH KRASNER IN MALABAR ROAD.

WHEN THERE IS A SCHOOL GOING THERE, YOU COULD FORGET, BUT THERE'S ONLY ONE ROAD TO GET THE CRASSNESS MALABAR ROAD THROUGH HERITAGE PARKWAY.

IF YOU GUYS EVER DRIVE THERE AROUND 3:00 3:30, I'LL SUGGEST IT.

THEN YOU'LL SEE. YOU'LL SEE WHAT I MEAN.

SECOND, THERE ARE TURTLES THAT LIVE BIG TURTLES, AND I HAVE STOPPED AND MOVE THEM MYSELF OFF THE ROAD TO THE SIDE THAT LIVE ON THIS PROPERTY.

A LOT OF THEM LIKE A WHOLE, MAYBE SIX OR SEVEN OF THEM.

I'VE SEEN THEM. AND THIRD, THERE IS NO SEWER IN THAT AREA OR CITY WATER IN THAT AREA.

SO ALL THIS WOULD BE IN THE WELLS THAT EVERYBODY ELSE IS USING IT IN THAT AREA.

I DON'T SEE HOW THIS EXTRA TRAFFIC THAT THIS IS GOING TO BRING IS GOING TO BE GOOD FOR THAT AREA. THERE'S A CHURCH RIGHT RIGHT ACROSS THE STREET IN THAT CORNER IN THAT AREA.

EXACTLY. ACROSS THE STREET.

SO AS FAR AS FAMILY HOME MULTIPLE, I DON'T I DON'T REALLY HAVE A PROBLEM WITH MULTIPLE FINDING THE HOME. BUT THIS 15 UNITS PER ACRE IS VERY SCARY AND I DON'T THINK THIS AREA CAN HANDLE THAT. I WAS HOPING WHEN ALL THIS CONSTRUCTION WAS COMING ON MALABAR ROAD THAT

[01:05:03]

THAT THEY WOULD WIDEN THE ROAD.

THAT HASN'T HAPPENED.

AND HERITAGE PARKWAY, WHICH IS A MAIN ARTERY MARAGH NOW IS TWO LANE.

AND IF YOU GUYS SEEING THE AMOUNT OF CONSTRUCTION THAT IS GOING ON AND NOT RUDE RIGHT NOW, IT'S SCARY.

I MEAN, IF YOU'RE TALKING, THERE'S A SHORTAGE OF FAMILY HOME.

I DON'T KNOW. MAYBE NOT IN THAT AREA.

SO AS A RESIDENT IN THAT AREA AND I SPOKE WITH MY NEIGHBORS, THEY ALL FEEL THE SAME WAY.

I DON'T KNOW IF THEY HERE OR NOT.

I REALLY DON'T THINK I REALLY THINK THIS IS A BAD IDEA.

THAT AREA CANNOT HANDLE THIS KIND OF DEVELOPMENT, THAT RUDE THAT CROSS THE ROAD.

I JUST DON'T SEE IT. SO I HAVE TO SAY THANK YOU.

OKAY. WHO ELSE WOULD LIKE TO SPEAK, SIR? GENTLEMEN, ON THE BLUE, YOU'LL BE NEXT.

MY NAME IS JAMES KRATCH.

I LIVE IN 1871, REDBUD CIRCLE, NORTHWEST PALM BAY, FLORIDA.

I RISE IN OPPOSITION TO THIS FOR A COUPLE OF REASONS.

RIGHT NOW, THEY'RE SAYING TOWNHOMES AND CONDUCT.

THERE'S A POSSIBILITY WHEN YOU CHANGE IT, MULTIFAMILY AND APARTMENTS CAN BE BUILT ON.

IT'S NOT A GIVE AND TAKE, SIR, WE WILL ANSWER YOUR QUESTION AFTER YOU SPEAK, IT'LL BE ALL RIGHT. THERE'S. UNDER THE WAY IT IS RIGHT NOW.

NEIGHBORHOOD COMMERCIAL.

THE PROPERTY CAN BE USED LIKE THE CHURCH ACROSS THE STREET.

NOW, THE CHURCH ACROSS THE STREET IS APPROXIMATELY 300 SQUARE FEET UNDER AIR WITH FACILITIES. THEY ARE ON WELL AND SEPTIC.

HEY, ALL THE HOMES THAT ARE BEING CONSTRUCTED NOW ON KRASSNER, WHICH IS THERE A MULTITUDE OF THEM 10 TO 15 HOMES THAT THE LOTS ARE CLEARED AND NEW HOMES UNDER CONSTRUCTION.

IF THIS IS GRANTED AND THE DEVELOPER OR THE OWNERS DECIDE TO RUN WATER AND SEWER DOWN KRASSNER. THIS MULTIFAMILY UNITS AND THE WAY THE LAW READS NOW.

UH, IF WE'RE ALL WATER, WELL, WATER AND SEPTIC.

ANYBODY THAT LIVES WITH THE WATER SUING COMING DOWN THE ROAD IF SOMETHING HAPPENS TO THEIR SEPTIC TANK, ACCORDING TO WHAT THE LAW IS NOW.

THEY'RE GOING TO HAVE TO. THEY CAN'T GET THEIR SEPTIC TANK REPAIRED.

THEY'RE GOING TO HAVE TO HOOK UP TO SEWER NOW IF THEY RUN THE SEWER AND WATER, WHICH THEY'RE GOING TO HAVE TO THIS MANY UNITS.

IF THE BILL THAT'S PRESENTED IN THE STATE HOUSE RIGHT NOW.

THEY'RE GOING TO HAVE TO HOOK UP TO BOTH WATER AND SEWER.

IF IT PASSES. RANDY FINDS, BILL, THAT HE HAS IN THIS DAY HAVE.

ALL THESE PEOPLE THAT ARE BUILDING THESE BEAUTIFUL HOMES.

THAT AREA, THEY'RE GOING TO BE CONSTRUCTED WITHIN THE NEXT SIX MONTHS.

THIS IF THIS IS GRANTED, MAYBE A YEAR DOWN THE LINE, WHEN THE WATER AND SEWER, IT'S PUTTING AN UNDUE BURDEN.

WE'RE VERY HAPPY WITH OUR WELL AND SEPTIC.

PUT AN UNDUE BURDEN ON THE PEOPLE THAT LIVED THERE NOW.

AND AS FAR AS HOW IT IS NOW, I BELIEVE IT'S 5000 SQUARE FOOT FOR NEIGHBORHOOD COMMERCIAL.

6.5 ACRES, JUST LIKE THE CHURCH DID.

IF IT'S A BARBERSHOP OR ANYTHING THAT'S LISTED UNDER NEIGHBORHOOD COMMERCIAL.

THEY CAN PUT A WELL AND SEPTIC IN THE CHURCH HAS A WELL AND SEPTIC.

LIKE THE NEIGHBORHOOD, WE DON'T WANT APARTMENT BUILDINGS.

OR ABANDONED BUILDINGS.

MULTIPLE CONDOS.

I BELIEVE YOU SAID IT WAS 90.

OR HOW MANY PER ACRE? FIFTEEN PER ACRE.

THAT COMES TO 90 UNIT.

THE 6.5 YOU'RE GOING TO HAVE TO TAKE AWAY FOR THE INFRASTRUCTURE OF THE ROADS AND EVERYTHING ELSE. WE HAVE ENOUGH WE WANT TO KEEP THE NEIGHBORHOOD SINGLE FAMILY.

ALL RIGHT. AND.

WHEN YOU PUT TOWN HOUSES, IF THAT'S WHAT IT'S GOING TO BE, TOWNHOUSES OR CONDOS.

OR APARTMENTS?

[01:10:02]

ALL THESE NEW HOMES THAT ARE BEING BUILT AROUND IT.

IT BRINGS THE PROPERTY VALUES DOWN.

WHEN YOU TAKE AN APARTMENT BUILDING.

SAID IT. A SITE OF A RESIDENTIAL HOME.

THAT'S WHAT. JUST THINK THAT IT'S NOT FEASIBLE WHEN I CAN'T WHEN THE PROPERTY WAS FOR SALE, AND I CONTACTED THE LISTING AGENT.

PROPERTY WAS LISTED AT ONE POINT FOUR MILLION DOLLARS.

AND HE TOLD ME, LISTING AGENT, THAT IN THAT PRICE OF THAT PROPERTY, THERE'S TWO HUNDRED AND FIFTY THOUSAND DOLLARS TO RUN WATER AND SEWER TO THE PROPERTY.

I DON'T KNOW WHO THE CITY OF PALM BAY HIRES FOR WATER AND SEWER, BUT IF YOU CAN RUN A HALF MILE OF WATER AND SEWER THAT PROPERTY FOR TWO HUNDRED AND FIFTY THOUSAND DOLLARS, I'D LIKE TO NAME OF THAT CONTRACTOR.

AS YOU'RE NOT GOING TO DO IT.

AND AS FAR AS I THINK.

THAT APARTMENT BUILDINGS.

OR A LOT OF CONDOS DOES BRING DOWN THE PROPERTY VALUE, I'M A LICENSED REAL ESTATE AGENT.

I SHOW A LOT SINCE 2002.

I FEEL A LOT OF CLIENTS.

AND IF THERE'S A HOME ASIDE, A MULTI RESIDENTIAL.

IT BRINGS THE VALUE DOWN.

PEOPLE SHY AWAY FROM.

THANK YOU. THANK YOU, ERIN O'NEILL, SIR.

GOOD EVENING, I'M CHARLES RAY BUYERS, I RESIDE AT FIVE FORTY ONE DIXON ROAD NORTHWEST, I OWN MY LOT. PLUS A VACANT LOT WITHIN THAT AREA THAT BACK QUARTER THAT RUNS THAT THE CITY HAS REALLY FAILED TO MAINTAIN LATELY.

THAT IS CALLED A RECREATIONAL CORRIDOR.

IT RUNS ALL THE WAY TO KRASSNER.

WHAT'S GOING TO HAPPEN WHEN IT'S BLOCKED OFF BY APARTMENTS? ALSO, APARTMENTS HAVE TALL LIGHTS.

THEY'RE GOING TO BE GOING OVER THE PINE TREES AND LIGHTING UP INTO OUR PROPERTY.

IT'S BEEN A RESIDENTIAL AREA.

I'VE BEEN THERE 27 YEARS.

I DON'T BELIEVE THE DEPARTMENT SHOULD BE ALLOWED TO BE BUILT.

ONE LOT FROM MY HOUSE.

I BUILT THERE TO GET OUT OF THE CITY.

AND THERE ARE ENDANGERED TURTLES LIVING ALL OVER THAT LAND.

I DRIVE A SCHOOL BUS.

THERE'S APARTMENTS GOING UP ALL OVER ON HERITAGE PARKWAY AND YOU KNOW HOW MANY ACCIDENTS I SEE IN A WEEK BECAUSE WE ALLOW THESE APARTMENTS TO BUILD IN THESE PEOPLE TO BUILD, BUT WE DON'T CHARGE THEM IMPACT FEES.

THERE SHOULD BE A LIGHT AT HERITAGE PARKWAY AND MALABAR ROAD.

I ALSO GO INTO BATTLE AND LANDINGS AND I GO INTO THE DAFFODIL COURT.

NO TRAFFIC LIGHT.

I'VE SEEN LIFEFLIGHT STOP AND TAKE PEOPLE OUT OF THEIR.

WE'VE GOT TWO TINY WAYS INTO THAT WHOLE NEIGHBORHOOD.

THE TRAFFIC COMING AND GOING, THAT ROAD'S NOT GOING TO SUPPORT IT.

IT'S REALLY NOT. AND IF ANY OF YOU HAVE HOMES, WOULD YOU WANT APARTMENTS OR CONDOS GOING UP ONE LOT FROM YOUR HOUSE? THERE'S GOING TO BE LIGHT POLLUTION.

AS I SAID, WE HAVE OWLS THAT LIVE OUT THERE AND EVERYTHING ELSE.

WE DON'T WE DIDN'T ASK FOR THIS.

AND THERE'S PLENTY OF VIABLE THINGS.

IF IT WAS A BUSINESS THAT COULD BE BUILT.

WE'RE WE'RE THE NEIGHBORHOOD WOULD USE IT BECAUSE, LIKE THEY SAID, THERE'S NO THRUWAY.

NOBODY'S GOING TO GO THERE TO GO TO A CUMBERLAND FARMS. THE ONLY PEOPLE WHO USE IT WOULD BE THE PEOPLE LIVING IN THAT AREA.

AND WE'RE VERY LIMITED.

THE POOR PEOPLE THAT LIVE ON WISTERIA AND DIXON ARE GOING TO BE.

THEY MIGHT AS WELL JUST BUILD UP WALLS.

THERE'S GOING TO BE PEOPLE COMING THROUGH THEIR HOUSES.

THERE'S ALREADY DEAD END STOPS, IT'S IT'S RIDICULOUS.

I'M SORRY THAT PEOPLE, PEOPLE BUY LAND AND THEN THEY WANT TO CHANGE THE RULES.

LIKE I SAID, I'VE BEEN HERE 27 YEARS.

THAT THING WAS PLOTTED OUT, WHAT, 70 YEARS AGO? IT WAS PRETTY CLEAR WHAT IT WAS MEANT TO BE.

AND I DON'T KNOW WHY WE'RE GOING AGAINST THAT.

AND I DO HAVE QUESTIONS ABOUT THAT UTILITY QUARTER RECREATION CORRIDOR OR WHATEVER THEY CALL IT. IT'S GOING TO BE BLOCKED OFF.

WHAT'S GOING TO HAPPEN TO THE DRAINAGE THAT'S THE MAIN DRAINAGE CANAL FOR OUR AREA.

WE'RE NOT IN A FLOOD ZONE NOW, BUT A PAVED PARKING LOT FOR CONDOS.

THROWING THAT WATER DOWN TOWARDS MY LAWN THAT EMPTIES DOWN INTO THE CANAL.

ABSOLUTELY NOT.

THANK YOU. THE SIR.

[01:15:01]

OK, NEXT, GENTLEMAN, THANK YOU.

ACM AT 19 58, REDBUD CIRCLE, JUST A LITTLE BIT DOWN THE ROAD.

I'M DANIELLE COOPER. SO THANK YOU FOR LETTING ME PRESENT MY MY CASE AGAINST THIS PROPOSAL. I DO FEEL FOR THE PROPERTY OWNERS IN A BAD BIND.

IT'S A BAD BUY AND IT DOESN'T WORK OUT.

BUT UNFORTUNATELY WHERE WE'RE AT, YOU KNOW, IT IS AN ECOLOGICAL SITE.

YOU GOT BIRDS, YOU GOT TURTLES, YOU HAVE EVERYTHING YOU CAN IMAGINE ON THIS PIECE OF PIECE OF LAND. THERE IS CONCERNS WITH, YOU KNOW, TRAFFIC MITIGATION, YOU KNOW, OK, WE'RE GOING TO RUN SEWER. SO WE'RE IN A TEAR UP THOSE BRAND NEW ROADS.

YOU KNOW, YOU'RE GOING TO START IMPACTING QUALITY OF LIFE FOR PEOPLE.

YOU KNOW, WE'RE NOT SURE HOW THAT'S GOING TO LOOK AS FAR AS ARE THEY GOING TO PUT MULTI MULTI LEVEL PEOPLE ARE GOING TO BE LOOKING, YOU KNOW, IT'S GOING TO BE GOOD PEOPLE BUYING INTO THESE PROPERTIES. I GET THAT PROBLEM IS THAT YOU'RE GOING TO LOSE YOUR PRIVACY.

BE HONEST. YOU'RE GOING TO BUILD A BIG WALL BEHIND YOUR HOUSE.

AND THEN, YOU KNOW, AS FAR AS, YOU KNOW, TRASH MITIGATION, IT JUST BECOMES A VERY CONGESTED PROJECT.

IT'S A IT'S A GOOD REVENUE GENERATOR.

I GET IT. YOU KNOW, IT'S GOING TO IMPACT.

IT'S GOING TO HAVE DIFFERENT VARIANCES ON IMPACT ON WHO'S GOING TO BUY IN THE AREA WHEN YOU HAVE A BUNCH OF APARTMENT COMPLEXES.

IT MAY NOT NECESSARILY BRING DOWN THE PROPERTY VALUE, BUT IF I'M MOVING IN THE AREA LIKE I DID IN TWENTY EIGHTEEN, I BOUGHT TO GET AWAY FROM THE CONGESTION AND THE THE OVERALL OVERPOPULATION AND CONGESTION.

AND I'M SURE ALL MY NEIGHBORS WOULD AGREE THAT, YOU KNOW, I THINK WHAT THE CITY SHOULD BE DOING IS WORKING WITH THOSE PROPERTY OWNERS TO MAKE IT A BETTER, BETTER PLAN, BETTER MITIGATION, TO MAKE IT A SELLABLE COMMERCIAL PROPERTY.

I KNOW IT'S NOT VIABLE FOR A COUPLE OF CUMBERLAND FARMS, BUT THERE'S SOMETHING OTHER, SOMETHING ELSE THAT CAN BE DONE BECAUSE YOU'RE GOING TO END UP WITH A.

IT'S JUST GOING TO BE A MESS.

I MEAN, I USED TO LIVE OFF A PARKWAY PARKWAY DRIVE OVER THERE BY TURTLE MOUNT, AND AS SOON AS THEY PUT THE APARTMENT COMPLEX THOSE BEAUTIFUL.

A COMPLEX IT JUST CONGESTION THAT'S GENERATED FROM THESE THINGS IS A NIGHTMARE, NOT NECESSARILY INCREASE IN CRIME, BUT IT'S JUST THE CONGESTION.

YOU'VE GOT SCHOOL KIDS ON THEIR BIKES, THE SMALL NEIGHBORHOOD, RIGHT? THIS IS WHERE PEOPLE WANT TO RAISE THEIR KIDS, NOT WORRY ABOUT GETTING RAN OVER BY SOMEONE RUNNING OUT OF AN APARTMENT COMPLEX.

I MEAN, THAT'S THAT'S NOT WHAT NEEDS TO BE HAPPENING IN THAT AREA.

I BOUGHT THERE FOR IT TO BE QUIET, SUSTAINABLE, AND THAT'S THAT.

I JUST THINK IT'S A TERRIBLE.

UM, I ALSO AGREE WITH HIM, BUT IT'S ALSO ON A CORNER.

IT'S A VERY SHARP WARNER AND I FEEL LIKE IF PEOPLE ARE COMING OUT, IT'S GOING TO CAUSE MORE ACCIDENTS. LIKE ANOTHER RESIDENT SAID, THERE'S BEEN A LOT OF TALK ABOUT THIS.

I KNOW THAT THE LETTERS WERE ONLY SENT OUT TO FIVE HUNDRED FEET WORTH OF THE NEIGHBORHOOD, BUT WE'RE SO CLOSE TO EVERYBODY AND EVERYONE FOUND OUT QUICKLY.

NO ONE'S GOING TO GO UP TO US. I NO ONE REALLY WENT UP TO THAT SIGN.

WE FOUND OUT BECAUSE EVERYONE WAS SHOWING EACH OTHER.

THESE MAILS MAIL INS THAT THEY GOT AND PRETTY, PRETTY PRETTY SOON THE WHOLE BLOCK LIKE, GOT IT. SO EVERYONE'S PRETTY UPSET STIRRING UP THE POT ABOUT THIS RIGHT NOW.

I ALSO DON'T WANT ANYBODY SEEING ME IN MY NEIGHBORHOOD, DOING MY OWN BUSINESS, DO MY OWN THINGS. AND IT SOUNDS FROM THE LOOKS OF IT.

THIS IS GOING TO BE A VERY TALL BUILDING, AND THAT'S JUST NOT SOMETHING THAT I BOUGHT IT WE BOUGHT INTO IN TWENTY EIGHTEEN.

AND THE TRAFFIC ALREADY IS ALREADY BAD ENOUGH IN THE MORNINGS, WITH EVERYBODY TRYING TO GET OUT THE NEW CONSTRUCTION.

THEY WERE LAYING DOWN NEW WIRE.

RIGHT NOW, IT'S JUST IT'S A CHAOTIC MOVE.

AND LIKE YOU SAID, I THINK THAT WE SHOULD BE WORKING WITH THESE PEOPLE WHO BUY INTO THESE PROPERTIES THAT AREN'T VIABLE.

MAYBE THEY'RE NOT FROM HERE. THEY DON'T KNOW OUR AREA THAT WELL.

WE CAN PROBABLY WORK WITH THEM TO SEE WHAT WILL WORK THERE, WHICH IS A GOOD STEP IN A GOOD DIRECTION. AND I THINK THAT'S WHAT SHOULD BE.

WE DEFINITELY DO BETTER. I MEAN, ULTIMATELY, I FEEL FOR.

AT THE END OF THE DAY, IT'S MY HOME, IT'S MY NEIGHBORS.

I DON'T WANT TO HAVE TO DEAL WITH RUNNING, YOU KNOW, KIDS GETTING RAN OVER.

I MEAN, WE SAY IT'S NOT REAL UNTIL IT IS.

I MEAN, I'VE ALREADY HAD RUN INS WITH BAD THINGS THAT OCCURRED IN.

FOLLOWING AROUND MY DWELLING, I DON'T NEED A BUNCH OF EIGHTY ONE.

ONE RESIDENTS COMING UP.

WELL, THANK YOU, APPRECIATE IT.

THANK YOU, FOLKS. IS THERE ANYONE ELSE WHO WISHES TO BE MA'AM? MY NAME IS DANIEL YOUNG.

THIS IS MY WIFE, RENEE YOUNG, 15 24, GEISINGER CAUGHT.

UM. I PRETTY MUCH AGREE WITH JUST ABOUT EVERYTHING.

THAT WAS SPOKEN BEFORE WE CAME UP HERE.

BUT MY WIFE HAD AN ADDITIONAL.

THING TO SAY, WE ALSO THERE'S MULTIPLE.

FAMILY HOMES IN CONDO KIND OF THINGS JUST ON THE OTHER SIDE OF MELBOURNE.

THERE'S NO BIG NEED.

ANOTHER ONE. YOU GOT THE WHOLE IF YOU IF YOU DRIVE DOWN ASNER AND ACROSS MALABAR, THERE

[01:20:08]

IS ACRES.

DOWN THE PARKWAY, THERE'S TONS OF BIG APARTMENT TYPE, BIG, HUGE HOMES, THAT KIND OF STUFF. AND.

THIS DOESN'T MAKE SENSE THAT WE USE THIS LITTLE BITTY LOT.

PUT UP. BUT IMPACT.

MANY OF THE HOUSING. HE HAD A MULTIPLE.

OF HOUSING. THANK YOU, FOLKS.

YOU'RE ANYONE ELSE? NO, NO, AT THIS POINT, I WILL CLOSE THE PUBLIC HEARING.

DID YOU WANT TO RESPOND TO SOME OF THE COMMENTS? SOME SPEAK AT THE PODIUM.

YOU WEREN'T PLANNING AND, WELL, I WOULD HAVE MARKETED WELL, WE WEREN'T PLANNING ON PUTTING LIKE THREE OR FOUR STORIES BECAUSE I KNOW CITY OF PALM BAY, THEY LOOK OUT FOR THEIR RESIDENTS. THAT WASN'T OUR PLAN, YOU KNOW, MULTIFAMILY THREE OR FOUR BECAUSE I KNOW THERE'S A HEIGHT LIMIT OF LIKE TWENTY FIVE FEET, TWENTY FIVE TO THIRTY FEET THE HIGHEST.

SO IT'S NOT LIKE I'M TRYING TO GO IN THERE AND MAKE EVERYBODY ELSE UNHAPPY.

THAT WASN'T OUR PLAN BECAUSE THERE ARE TOWNHOMES HOMES THAT CAN LOOK EXACTLY A CLOSE SINGLE FAMILY HOMES THAT WOULD NOT INTERRUPT SURROUNDING NEIGHBORHOODS.

SO I DON'T, YOU KNOW, THAT WASN'T OUR OBJECTIVE ONCE AGAIN FOR US TO COMING IN FROM OTHER PLACES AND TRYING TO BUILD A THREE FOUR STOREY CONDO.

WE WEREN'T LOOKING AT IT LIKE THAT BECAUSE OUT OF THE 97, I'M SURE THE CITY HAS TO GIVE US X AMOUNT OF ACREAGE FOR THE INFRASTRUCTURE.

I'M NOT SURE IF I'M SAYING IT CORRECTLY.

THE 97 SEVEN UNITS WERE ALLOWED ONE OR TWO ACRES TO PUT THE ROADS IN AND STUFF LIKE THAT.

SO THAT'S ALL I WANTED TO SAY.

WE WEREN'T PLANNING ON PUTTING.

YOU KNOW, DISRUPT THE COMMUNITY OF THEIR THEIR GOOD LIVING, BECAUSE, LIKE I SAY, LIKE I SAID, THE TOWN HOMES, THEY'RE NOT LIKE HIGH CONDOS THERE.

SOMETIMES YOU DON'T EVEN KNOW THE DIFFERENCE FROM A TOWN, HOME AND SINGLE-FAMILY HOME.

THAT'S MY. THE OTHER THING I WOULD LIKE TO ADD TO THAT THERE IS WE HAD FOR 18 YEARS AND WE'VE BEEN TRYING TO MARKET IT FOR COMMERCIAL USE AS OUR INTENTION, IF WE CAN, BY MARKET COMMERCIAL. THERE'S NO TAKERS.

WE HAD IT IN THE MARKET FOR A NUMBER OF YEARS NOW.

THERE'S NO TAKERS. WHAT ARE WE GOING TO DO WITH IT? NO. THERE'S A BACK TO BE NOT.

WHAT IF WE PUT COMMERCIAL AND SOMEBODY WANTS TO PUT A STRIP MALL? IT WOULDN'T BE. JUST ONE BARBERSHOP WOULD BE A WHOLE BUNCH OF STORES AND THERE WILL BE DISRUPTION, A LOT OF TRAFFIC.

ALSO, THE OTHER THING THAT ONE OPTION THERE IS TO PUT A CHURCH, THERE'S A CHURCH RIGHT ACROSS THE STREET, SO NOBODY'S GOING TO WANT TO PUT ANOTHER CHURCH RIGHT THERE.

THAT'S NOT A LUCRATIVE THING AT ALL.

SO I MEAN, WE'RE SAYING IT'S CAN BE 90 90 UNITS, BUT WE'RE NOT SAYING NECESSARILY WE WANT THAT UNITS. WE WANT SOMETHING THAT IS GOING TO BE ACCEPTABLE BY THE COMMUNITY.

THEREFORE, THAT'S WHAT WE'RE SAYING.

HEY, FOLKS, THANK YOU. NO, SIR, YOU ALREADY SPOKE.

YEAH. EXCUSE ME, MR. CHANG, LEADER, YOU HAD A QUESTION FOR THEM.

CONSIDER JUST SINGLE FAMILY RESIDENCE THERE.

OH, AS FAR AS THE SEEING ARENA, WE'RE NOT SURE HOW MUCH WE'RE GOING TO ALLOW.

FAMILY AND IF IT'S GOING TO BE FEASIBLE.

THE FAMILY VERSUS MULTIFAMILY.

WHAT I'M SAYING BUILDING INDIVIDUAL HOMES.

YOU CONSIDER THAT ON THE PROPERTY.

AGAIN. AND CONSIDER THAT ALSO.

WE CAN'T TAKE ANY CONSIDERATION, DEPEND ON WHAT THE REQUIREMENTS ARE.

AND IT'S NOT OBJECTING TO THAT THERE.

WELL, THE OTHER THING IS, REGARDLESS OF WHERE YOU BUILD ON THE PROPERTY, IF IT'S A CHURCH OR YOU PUT A STRIP MALL, YOU PUT SOMETHING ELSE THE BIRDS AND THE TURTLES AND THEY HAVE EVERYTHING IS GOING TO HAVE TO GO SOMEPLACE ELSE ANYWAYS.

ALL RIGHT. THAT'S A GIVEN. SO REGARDLESS OF WHERE YOU PUT THERE, YOU KNOW, WE CAN'T UNLESS YOU CAN LEAVE IT LIKE IT IS RIGHT NOW AND JUST KEEP THE TURTLES ON THE BIRDS AND EVERYTHING ELSE THERE. IT'S NOT.

THAT'S NOT OPTIONAL EITHER, RIGHT? KNOW THE QUESTION I WAS JUST GOING TO ASK, WERE YOU LOOKING TO SELL THE PROPERTY WHEN YOU WHEN IT'S CHANGED TO SAY, MS. 15. WHAT WERE YOU WERE LOOKING TO BUILD YOURSELVES? NO, WE WERE LOOKING TO MARKET IT.

OH, SO YOU WERE LOOKING TO WATCH IT SELL TO TO MAKE THAT DEVELOPER, WHICH IS GOING TO SATISFY ALL THE REQUIREMENTS THAT IT IS ASKING FOR.

[01:25:01]

SO WHOEVER DEVELOPER WE SELL IT TO.

YOU KNOW, THEY'LL HAVE TO CONFORM TO ALL THE REQUIREMENTS BY THE CITY.

IT'S NOT THE CASE. YOU KNOW, WE'LL JUST GO BAIL ON IT.

OK. ALL RIGHT. THANK YOU.

OK. THANK YOU, FOLKS.

YOU ALREADY SPOKE, MA'AM. YOU HAVE ONE BITE OF THE APPLE MR. CHAIR. IF I COULD SPEAK AS CHRIS.

A COUPLE OF THINGS. ALL RIGHT.

I WON'T TOUCH ON THE ZONING BECAUSE THAT'S THE NEXT CASE.

BUT THE ACTUAL LAND USE WOULD BE A DOWN USE IN LAND USE.

GOING FROM COMMERCIAL TO MULTIFAMILY RESIDENTIAL IS A DOWN USE.

I WOULD BE DOWN IN TRAFFIC.

OR ACTUAL COMMERCIAL USE IS A HIGHER, INTENSE USE FOR TRAFFIC.

SO PUTTING IT TO MULTIFAMILY IS A LESSER USE NOW FOR THE ACTUAL UTILITIES THAT WOULD BE RUN TO THE SITE. ANY ANYBODY WHO DEVELOPS IT, WHETHER IT'S COMMERCIAL OR RESIDENTIAL OR MULTIFAMILY, WOULD HAVE TO RUN UTILITIES TO THAT SITE WOULD NOT ALLOW IT ON WELL AND SEPTIC WOULD HAVE TO BE CITY WATER AND CITY SEWER.

AND THE NINETEEN NINETY SEVEN UNITS THAT IS MAXIMUM ALLOWED PER THE COMP PLAN, IF YOU APPROVE IT AT THE CAPPED DENSITY OF 15 UNITS PER ACRE.

THAT'S JUST THE MAXIMUM THAT'S ALLOWED.

IT DOESN'T MEAN THAT THEY'RE ACTUALLY GOING TO GET NINETY SEVEN UNITS ON THE LAND WITH HAVING STORMWATER RETENTION, MEANING ALL THE ST JOHN'S REQUIREMENTS, HAVING ALL OF THE PARKING AND INFRASTRUCTURE THAT'S REQUIRED OF A DEVELOPMENT IN THIS DAY AND AGE.

WANT TO TOUCH ON THAT? THANK YOU, CHRIS.

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

AND I GET A MOTION, PLEASE.

I'LL MAKE A MOTION TO APPROVE CASE C.P.

TWENTY TWENTY ONE.

SECOND AND A SECOND ANY FURTHER DISCUSSION, AND I JUST ALSO WANT TO SAY THAT THERE IS A TRAFFIC STUDY THAT'S GOING TO BE DONE IF THERE'S ANY DEVELOPMENT OR ANYTHING LIKE THAT.

SO IF IT DOESN'T MEET ANY STANDARD, JUST WOULDN'T WORK RIGHT? BUT IF A TRAFFIC STUDY IS REQUIRED AT THE NINETY SEVEN UNITS, THEN ANYTHING THAT COMES OUT OF THAT TRAFFIC STUDY WOULD ANY IMPROVEMENTS THAT ARE MADE OR ANY IMPROVEMENTS THAT ARE REQUIRED BECAUSE OF THE STUDY WOULD HAVE TO BE DONE FOR THE DEVELOPMENT TO BE.

FELT. IF IT'S NOT COST FEASIBLE TO DO THOSE IMPROVEMENTS, THEN IT JUST DOESN'T GET BUILT.

THE OTHER COMMENTS. AND THE ONLY COMMENT THAT I WANTED TO MAKE MR. CHAIR IS ON THE MOTION THAT WE NEED TO MAKE SURE THAT IT IS CAPPED AT THE 15 UNITS PER ACRE PER STAFF RECOMMENDATION.

YEAH. AND MY MOTION TO APPROVE CP 20 21 WITH THE CAVEAT OF THE STAFF RECOMMENDATIONS OF 15 UNITS PER ACRE.

OK, ANY OTHER COMMENTS? A. YOU WANT TO SAY, YOU KNOW, YOU SAW THAT ALL.

WELL, FOR ME IS I'M VERY FAMILIAR WITH THAT NEIGHBORHOOD AND I'M VERY HARD PRESSED TO IMAGINE, YOU KNOW, TOWNHOMES DOWN THERE AND THE TRAFFIC COMING UP.

SO, YOU KNOW, IT'S A CATCH 22.

FOR ME, IT'S YOU KNOW, OF COURSE, I UNDERSTAND YOUR SITUATION AND TRYING TO MAXIMUM, YOU KNOW, MAXIMUM USE OUT OF THE PROPERTY.

BUT I DO UNDERSTAND THE PRACTICALITY AND HOPE OF HAVING THAT MUCH.

YOU KNOW, PEOPLE, EVEN IF IT'S 50 OR 60 COMING OUT OF THAT NEIGHBORHOOD, IT'S IT'S WEIGHING ON ME. SO I'M JUST TRYING TO, YOU KNOW, PROCESS IT.

SO YOU SAW WHAT YOU SAW.

IT WAS ME PROCESSING IT IN MY MIND AND KNOWING THAT THERE IS GOING TO BE A TRAFFIC STUDY.

AND I KNOW THAT THE CITY OF PALM BAY PROPERLY EVALUATES EACH PROJECT THAT COMES HERE TO ENSURE THAT WE'RE MEETING THESE STANDARDS.

SO THAT'S WHAT YOU SAW WAS JUST ME THINKING ABOUT IT.

OK, I'VE GOT SOMETHING TO SAY ABOUT THIS.

I'M I SEE EVERYBODY ON THIS BOARD, I'M SURE KNOWS I'M GENERALLY IN SUPPORT OF ANY ANY OF THESE TYPE OF DEVELOPMENTS, AND I REALLY FEEL FOR THE FOR THE CHANCE THAT THEY'VE HAD THIS PARTY A LONG TIME.

THEY'VE BEEN UNABLE TO SELL IT BEING ZONED COMMERCIAL.

HOWEVER, LIKE KAY, I'M VERY FAMILIAR WITH THIS WITH THIS AREA AND I WOULD BE EXTREMELY, EXTREMELY CONCERNED ABOUT 97 TOWNHOMES OR CONDOS OR EVEN, YOU KNOW, 50 OR 60 TOWNHOMES OR CONDOS. PERSONALLY, YOU KNOW, I THINK THAT TO BE TO FIT INTO THE NEIGHBORHOOD, I WOULD LIKE TO SEE IT DEVELOPED AS SINGLE FAMILY HOMES.

AND SO, YOU KNOW, FOR THAT REASON, I WILL NOT SUPPORT THIS.

[01:30:01]

OH, THANKS, MR. CHAIR. YES, I'D JUST LIKE TO SAY SOMETHING REAL QUICK.

I DON'T FEEL THIS IS GOING TO BE, I MEAN, IF WE LOOK AROUND.

EVEN IN PALM BAY. BUT LOOK AROUND BREVARD COUNTY, THERE'S PLENTY OF DEVELOPMENT LIKE THIS. I MEAN, LOOK OFF OF RIVIERA AND PORT MALABAR.

THERE IS MULTIFAMILY THROUGHOUT.

MIXED IN WITH SINGLE FAMILY AND IT WORKS.

IT'S NOT WHAT PEOPLE HAVE BEEN GOT ACCUSTOMED TO IN THIS NEIGHBORHOOD, BUT IT'S NOT UNUSUAL FOR.

WE'RE BREVARD COUNTY OR PALM BAY.

I AGREE WITH YOU 100 PERCENT, I MEAN, AS YOU KNOW, WE ARE ALL IN FAVOR OF MULTIPLE FAMILY DIVERSE OFF THE TYPE OF HOMES THAT WE HAVE HERE IN THE CITY, AND I ALWAYS USE THAT AREA IN NORTHEAST AS AN EXAMPLE TO EVERYONE TO SAY THAT YOU CAN HAVE THAT MIX.

IT'S JUST THAT THIS PARTICULAR STREET, YOU KNOW, IT'S NOT NECESSARILY THE MOST CONDUCIVE LIKE NORTHEAST PALM BAY, WHERE YOU SEE THAT IT WORKS.

IT'S DEVELOPED WITH THAT IN MIND.

THAT'S THE ONLY CONCERN.

ANY OTHER COMMENTS? MAYBE I HAVE A COMMENT, PLEASE.

UNFORTUNATELY, WE CAN'T GET ANY COMMERCIAL IN THERE.

WHAT ARE THE LANDOWNERS SUPPOSED TO DO? THEY HAVE TO PUT SOMETHING IN THERE.

YOU CAN'T JUST SIT ON THAT LAND AND LEAVE IT FOR THE TURTLES AND BIRDS, NO MATTER LIKE THEY HAD MENTIONED, NO MATTER WHAT, THAT LAND IS GOING TO HAVE TO GET RID OF THE TURTLES AND BIRDS. WELL, THAT'S TRUE.

BUT IT DOESN'T HAVE TO BE DEVELOPED AS MULTIFAMILY CAN BE DEVELOPED IN SINGLE FAMILY.

OK, FOLKS.

FOLKS, PLEASE. OUR DUPLEXES, TRIPLE-X.

OK. ANY OTHER COMMENTS ON THE BOARD? WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY I OPPOSED A.

A. LET'S HAVE A SHOW OF HANDS.

THOSE IN FAVOR SAY, I SHOW YOUR HANDS.

WHO PROVED? AND.

OR AGAINST THE MOTION FAILS.

BUT SINCE A COMPREHENSIVE PLAN, FAILED APPLICATION FAILED, I DON'T BELIEVE WE NEED TO TAKE A VOTE ON THE ZONING.

I WILL DEFER TO THE CITY ATTORNEY'S OFFICE FOR THAT.

DON'T FAVOR IS THAT NECESSARILY A VOTE ON THE THE ZONING CHANGE? TAKE THE VOTE ON THE. IT UNDERSTOOD.

OK, OUR NEXT CASE, CPC 2021, I WILL OPEN THE PUBLIC HEARING.

IS THERE ANYTHING MORE YOU WISH TO SAY, FOLKS? YEAH. SO WHAT ARE OUR OPTIONS? WELL, WHAT WHAT DO WE DO NEXT? YOU KNOW, WE'VE BEEN HOLDING THEM FOR THE PROPERTY FOR 18 YEARS.

WE CAN'T GET A CHURCH NEXT TO IT.

WE CAN'T GET COMMERCIAL COMMERCIAL FOR IT.

WE CONTINUE TO PAY TAX EVERY YEAR SITTING THERE.

I THINK IT'S MORE OF A NUISANCE WITH ALL THE TREES AND EVERYTHING ELSE SITTING THERE.

THEY'RE NOT GETTING HOLD OF IT OR ANYTHING ELSE.

SO WHAT DO WE DO NEXT? NOT 18 YEARS. WE HOLD ONTO IT AND PAY TAXES AND GET NOTHING OUT OF IT.

I MEAN. OH, WELL, THAT'S WHAT MICHAEL WAS AN EXCEPTION.

DON'T DON'T SPEAK, DON'T SPEAK TO THE PUBLIC, SIR.

NOT SPEAK OUT, PLEASE.

SO THE QUESTION IS, DO WE GET SOME ADVICE FROM THE CITY AS WHAT WAS THE NEXT BEST OPTIONS HERE INSTEAD OF LEAVING IT VACANT? I THINK YOU CAN HAVE A DISCUSSION WITH OUR GROWTH MANAGEMENT DEPARTMENT PRIVATELY, SIR.

OR WHAT YOUR NEXT STEPS MAY BE? TOLD THE FEDS DENIED HERE, THAT MEANS IT'S NOT GOING TO AFFORD US.

WE JUST HAVE TO THIS IT WILL STILL GO BEFORE THE CITY COUNCIL, IT STILL WILL GO.

YES. THE DENIAL HERE IS JUST FOR WHAT PURPOSE? THE RECOMMENDATION FROM THE MS. BOARD TO THE CITY COUNCIL, WE RECOMMEND IT.

OK. OK, VERY GOOD.

THANK YOU. ALL RIGHT.

AT THIS POINT, IS THERE ANYONE WHO FEELS IT NECESSARY TO SPEAK ON THIS ZONING ISSUE? THERE. THE.

OR. YES.

IF YOU WANT TO SPEAK, PLEASE COME TO THE PODIUM.

AND THIS IS SO TECHNICAL, THIS IS ONLY A TECHNICAL THING, WE HAD TO REOPEN THIS CASE AND IT WILL BE DENIED BECAUSE WE ALREADY DENIED THE RIGHT.

I UNDERSTAND THAT LANE CHANGE, BUT.

I I DON'T THINK ANYBODY IN THE AUDIENCE, INCLUDING ME, IF THEY WANTED TO REAPPLY FOR SINGLE FAMILY HOMES.

THAT'S FINE. AND WHILE. I MEAN, THAT'S JUST THE COMMENT I WANTED TO MAKE.

[01:35:05]

WHAT THEY WERE SAYING. WHAT ARE THEIR OPTIONS? REAPPLY FOR SINGLE FAMILY HOMES.

OWN THE LAND THIS LONG.

OK. OR DO NOT SPEAK DIRECTLY TO THE I'M SORRY.

ADDRESS THE BOARD. YES, THEY OWNED THE LAND SINCE THE 80S.

IT DIDN'T PAY $1.4 MILLION FOR IT, THAT'S PUBLIC RECORD.

LEAVE, THEY PAID IT UNDER $200000.

I'M JUST SAYING THAT REAL.

I DON'T THINK I WOULD NOT OPPOSE TO SINGLE FAMILY HOMES.

OK, THANK YOU, SIR. IS THERE ANYONE ELSE WHO FEELS IT NECESSARY TO SAY ANYTHING? MR. CHAIRMAN, I JUST WANTED TO ADD THAT SINCE THE LAND USE AMENDMENT WAS RECOMMENDED FOR DENIAL, YOU COULD NOT ACTUALLY PASS THE ZONING BECAUSE IT WOULDN'T BE CONSISTENT THEN.

SO THERE WOULD BE REAL NO PURPOSE TO HEAR ADDITIONAL COMMENTS.

WELL, IT'S SOMETHING THAT'S COMPLETELY AND SAID OUR CITY ATTORNEY IS JUST SAID, YOU KNOW, SINCE IT IS A QUASI JUDICIAL, WE DO NEED TO GO THROUGH THE MOTIONS OF OPENING THE PUBLIC HEARING AND. OK.

YOU. ALL RIGHT, WE JUST WE WE DON'T EAT.

OK. AT THIS POINT, AT THIS POINT, BOARD, CAN I GET A MOTION, PLEASE? PERMISSION TO DENY CPC 20.

THREE, TWENTY ONE SECOND.

IT'S FIFTY FOUR, TWENTY TWENTY ONE.

A CPC, I'M SORRY, TONY, WE HAVE MOTION AND A SECOND.

OK. ALL IN FAVOR OF THE DENIAL.

I WILL OPPOSE ANY MOTION.

MOTION IS DECIDED BY A VOTE OF.

WARNER DO AGAIN. OK.

OR THAT CASE WILL STILL GO BEFORE CITY COUNCIL, FOLKS.

BUT JUST JUST A QUICK QUESTION FOR STAFF, IF THEY WERE LOOKING TO DO LIKE DUPLEXES AND TRIPLEXES AND QUAD IN THAT AREA.

WHAT ZONING IS SOME MULTIFAMILY STILL ARMED WITH A COMPREHENSIVE PLAN CHANGE THAT WOULD BE NICE. OK, OUR NEXT CASE, PLEASE? PATRICK. YES.

MR. CHAIRMAN, THE NEXT CASE IS FIFTY FOUR POINT TWENTY TWENTY ONE.

BUT I DO NOT SEE THE APPLICANT IN ATTENDANCE, SO IT'S THE BOARD'S DISCRETION IF THEY WANT ME TO PROCEED FORWARD OR IF YOU WANTED TO CONTINUE THIS CASE TO THE NEXT BOARD MEETING SO THE APPLICANT CAN REPRESENT HIMSELF.

IT'S THE BOARD'S DISCRETION.

HEY. WHAT'S YOUR PLEASURE, BOARD? RATHER, HAVE THE APPLICANT TO CONTINUE.

I CAN ONLY GET A MOTION TO CONTINUE THIS CASE SHOULD YOU CONTINUE.

54 20, 2021 SECOND MOTION AND A SECOND TO CONTINUE ANY FURTHER DISCUSSION.

WE DO NEED TO HEAR THE CASE.

ANYONE? AN OPPORTUNITY TO SPEAK.

OK, THANK YOU. IS THERE ANYONE WHO WISHES TO SPEAK ABOUT CASEY? FIFTY FOUR, TWENTY TWENTY ONE.

NO ONE IN THE AUDIENCE WHO WISHED TO SPEAK ON IT.

SO WE HAVE A MOTION TO CONTINUE AND A SECOND.

ALL IN FAVOR OF CONTINUING THIS CASE, I OPPOSED THE CASE WILL BE CONTINUED UNLESS CASE, PLEASE. CHRIS.

BUT OUR LAST CASE IS CASE T-55 20 21.

BACKGROUND TEXTUAL AMENDMENT TO THE CODE OF ORDINANCE, LAND DEVELOPMENT CODE, CHAPTER 195 ZONING CODE SECTION TWENTY FIVE POINT ONE THREE FOUR ARCHITECTURAL STYLE REQUIREMENTS GROWTH MANAGEMENT DEPARTMENT ACTING UPON A REQUEST BY THE CITY MANAGEMENT HAS SUBMITTED THIS PROPOSED TEXT AMENDMENT.

THE CITY ADOPTED LANGUAGE IN 2001 TO REQUIRE REGIONAL ARCHITECTURAL STYLE AKA FLORIDA VERNACULAR FOR ALL NEW COMMERCIAL CONSTRUCTION ALONG ALL COMMERCIAL CORRIDORS.

THE INTENT OF THE ORIGINAL LANGUAGE WAS TO ENHANCE THE COMMERCIAL CORRIDORS AND BRAND THE CITY WITH AN ARCHITECTURAL THEME THAT RECOGNIZES FLORIDA HISTORIC STRUCTURES.

SINCE THE ORIGINAL ADOPTION OF THE ARCHITECTURAL REQUIREMENTS, THE CITY HAS EXPANDED THE DESIGN CRITERIA FOR OTHER TYPES OF HISTORIC STRUCTURES THAT ARE DOMINATED THE FLORIDA CITYSCAPE PRIOR TO THE MODERN ARCHITECTURE MOVEMENT PROSE LANGUAGE.

THE AMENDMENT IS ATTACHED IN LEGISLATIVE STYLE, WITH ADDITIONS BETWEEN ARROWS AND SYMBOLS AND DELETIONS WITH STRIKETHROUGH FORMAT ANALYSIS.

[01:40:02]

CITY PROPOSES TO MODIFY SECTION ONE EIGHT FIVE ONE THREE FOUR IN ORDER TO PROVIDE A MORE STREAMLINED AND MORE EFFICIENT PROCESS FOR ANYONE SEEKING ARCHITECTURAL RELIEF AS WELL.

AND STAFF'S RECOMMENDATION CASE TX FIFTY FIVE TWENTY TWENTY ONE IS RECOMMENDED FOR APPROVAL BEING SAID.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS I HAVE.

OR HAVE ANY QUESTIONS FOR STAFF.

I JUST DO REAL QUICK.

SO IS THIS WHAT ARE WE SAYING THAT WE'RE GOING TO STRIKE OUT THE FLORIDA VERNACULAR? NO OTHER STYLES.

NO. WE'RE STRIKING OUT THE BAYFRONT ARCHITECTURAL STYLE AND ALLOWING FOR A EASIER PROCESS TO GET ARCHITECTURAL RELIEF THAT INSTEAD OF GOING TO COUNCIL, WOULD GO TO THE GROWTH MANAGEMENT DIRECTOR.

AND THEN IF THEY WANT TO CHALLENGE THE GROWTH MANAGEMENT DIRECTORS DECISION, THEN IT WOULD GO TO CITY COUNCIL.

OTHER QUESTIONS FOR STAFF.

IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK EITHER FOR OR AGAINST THIS APPLICATION? YOU KNOW, I'LL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION A MOTION TO PROVE CASE T-55 2021.

RICHARD SEKHON FROM LEDA, ANY FURTHER DISCUSSION SAY I OPPOSED THE MOTION CARRIES UNANIMOUSLY. IF THERE'S NOTHING ELSE, I JUST WANT TO SAY THIS IS OUR LAST MEETING OF THE YEAR. AMAZINGLY ENOUGH.

AND I WANT TO WISH EVERYONE HAPPY HOLIDAYS.

MERRY CHRISTMAS AND HAVE A HAPPY AND HEALTHY NEW YEAR.

AND I WILL SEE YOU NEXT YEAR.

SAME TO YOU. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.