[00:00:05] GOOD EVENING. THE PLANNING AND ZONING REGULAR MEETING OF JUNE 7TH, 2023 IS NOW CALLED IN ORDER. MR. BOEREMA, WOULD YOU LEAD US IN THE PLEDGE OF ALLEGIANCE? POWELL. THE ROLL CALL, PLEASE. YES, MR. BOEREMA. PRESIDENT. MR. GOODE HAS ASKED TO BE EXCUSED. MISS JORDAN. PRESIDENT. MR. MCLEOD. PRESIDENT. MR. OLSZEWSKI HAS ASKED TO BE EXCUSED. MR. WARNER HAS ASKED TO BE EXCUSED. MR. WEINBERG. PRESIDENT. MR. KARAFFA HAVE NOT HEARD FROM, AND OUR DEPUTY CITY ATTORNEY, RODNEY EDWARDS, IS PRESENT. WE DO HAVE A QUORUM. THANK YOU. [ADOPTION OF MINUTES] DO I HAVE A MOTION TO ACCEPT THE MINUTES OF THE MAY 3RD, 2023 MEETING? SO MOVED. SECOND. MOTION IS SECOND. ALL APPROVED. THANK YOU. THE BENEFIT OF THE APPLICANTS IN THE AUDIENCE. [NEW BUSINESS] THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS. THE LAND DEVELOPMENT 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 APPROACH 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, THEN THOSE IN OPPOSITION TO THE APPLICATION FOR ALL PROCEEDINGS. ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN THE SPEAKER OATH CARD LOCATED AT THE PODIUM AND AT THE SIDE OF THE ROOM. PLEASE PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME, ADDRESS AND COMMENTS FOR THE RECORD. AS A COURTESY, IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO HAVE SIMILAR COMMENTS, YOU MAY 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 AUDIENCE WILL BE HEARD. I WILL THEN CALL FOR A MOTION AND A SECOND, AT WHICH TIME THE BOARD WILL 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 IN ADHERING TO THE MEETING GUIDELINES. OKAY. THE FIRST CASE. Q 23 0005 MRS RAMOS. GOOD EVENING. I'M TANYA RAMOS, SENIOR PLANNER WITH GROWTH MANAGEMENT HERE PRESENTING SIU 20 3-00005. THE OWNER AND APPLICANT IS ASCOT PALM BAY HOLDINGS, LLC, AND THEY ARE REPRESENTED BY ANNA SAUNDERS FROM BRC CONSULTANTS THIS EVENING. THE LOCATION IS GENERALLY AT THE NORTHEAST CORNER OF SAINT JOHNS HERITAGE PARKWAY AND EMERSON DRIVE NORTHEAST. THE SITE WILL BE THE SITE FOR THE CONDITIONAL USE WILL BE APPROXIMATELY 2.16 ACRES. THE PIECE YOU SEE ON THE SCREEN RIGHT NOW IS A LITTLE OVER 18 ACRES, AND THEY HAVE ALREADY INITIATED A LOT SPLIT TO CREATE THE 2.16 ACRE LOT. THE CURRENT ZONING IS COMMUNITY, COMMERCIAL AND THE FUTURE LAND USES COMMERCIAL. THE REQUEST IS FOR A CONDITIONAL USE TO ALLOW RETAIL, AUTOMOTIVE, GAS AND FUEL SALES IN THE COMMUNITY COMMERCIAL DISTRICT IN ACCORDANCE WITH SECTION 185 .04 3D3 OF THE PALM BAY CODE OF ORDINANCE ORDINANCES AND RECOMMENDATION IS THAT CASE Q 23 00005 MEETS THE MINIMUM REQUIREMENTS FOR AN APPROVAL OF A CONDITIONAL USE SUBJECT TO THE STAFF COMMENTS CONTAINED IN THIS REPORT AND A COMPLETION OF THE LOT SPLIT PROCESS PRIOR TO SITE PLAN APPROVAL. AND THE APPLICANT IS HERE AND I'M HERE IF YOU HAVE ANY ADDITIONAL QUESTIONS. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? ONE PLACE. BOEREMA TALKING ABOUT. WE'RE GOING TO SPLIT THIS LOT UP. VOTE ON THIS YET? DOES THAT HAVE TO BE DONE PRIOR TO OUR VOTING? [00:05:01] THEY'RE ALREADY IN THE PROCESS OF CREATING THE NEW LOT AND IT WOULD SHOW UP ON THE PROPERTY APPRAISERS WITH A NEW TAX ACCOUNT NUMBER ALREADY. SO THEY'RE JUST WAITING ON THE FINALIZATION PROCESS. STAFF IS FINE WITH THAT. YES. THANK YOU. ANY OTHER QUESTIONS FOR STAFF? THANK YOU. FOR THE RECORD, THERE ARE NO LETTERS IN THE FILE ON THIS CASE. WELL, THE APPLICANT OR THE REPRESENTATIVE. PLEASE APPROACH THE MICROPHONE. GOOD EVENING. I'M ANNA SAUNDERS WITH BSE CONSULTANTS. THE STAFF REPORT WAS VERY THOROUGH. AS USUAL, ONE THING I'D LIKE TO HIGHLIGHT IS THAT THE INTERSECTION OF THE PARKWAY AND EMERSON, THE INTERSECTION, THE SIGNALIZATION DESIGN PLANS, ARE ACTUALLY IN PROCESS RIGHT NOW THROUGH THE CITY EFFORT. SO THE SIGNALIZATION OF THAT INTERSECTION IS, I BELIEVE THEY THINK CONSTRUCTION IS GOING TO BE COMPLETE OR THEY HAD INITIALLY TARGETED IT TOWARDS THE END OF THE YEAR, BUT CERTAINLY BEFORE THIS PROJECT WOULD BE CONSTRUCTED. BUT JUST WANTED TO POINT THAT OUT. WE ARE FINE WITH ALL THE CONDITIONS AND THE COMMENTS PROVIDED IN THE STAFF REPORT. THERE'S NO NO ISSUES ON OUR BEHALF. I JUST WANT TO POINT OUT THAT THIS IS ONE OF POTENTIALLY TWO FUEL SERVICE STATIONS THAT WILL BE ALLOWED ON THIS INTERSECTION PER COUNTY CITY CODE AND JUST RESPECTFULLY REQUEST YOUR APPROVAL. IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER THEM. IT IS THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? MAYBE I HAVE ONE. SURE. IS THERE GOING TO BE AN ENTRANCE JUST OFF OF EMERSON AND NOT ONTO THE PARKWAY? THERE'S AN ENTRANCE OFF EMERSON AND THERE'S ANOTHER ONE OFF OF THE PARKWAY. YOU CAN SEE THEM ON THE DIAGRAM THERE ON THE SCREEN. AND BOTH OF THOSE ACCESS POINTS COMPLY WITH THE I THINK IT'S A MINIMUM 100FT FROM AN INTERSECTION THERE IN EXCESS OF THAT. HEY, THANK YOU. YOU'RE WELCOME. THE QUESTIONS. SEEING NONE. THANK YOU. YOU'RE WELCOME. THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS. IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? HE OPPOSED. SEEING NONE. THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS IN THE CASE IS BROUGHT BACK TO THE BOARD. OR DO I HAVE A MOTION? MOTION TO APPROVE CU 23 0005 SUBJECT TO STAFF COMMENTS. MOTION. AND A SECOND. I'LL APPROVE. I. MOTION CARRIES UNANIMOUSLY. NEXT CASE. MR. WHITE. SEE YOU. 23 00002. GOOD EVENING, EVERYBODY. STEPHEN WHITE, SENIOR PLANNER FOR GROWTH MANAGEMENT. THE CASE BEFORE YOU TONIGHT IS Q 20 3-0002. THE OWNERS ARE DAVID MOWLEM TRUST. PRASADA SOROS, PRASADA MANZA AND HOLLY IRISH FROM VECTOR ENGINEERING REPS IS THE REPRESENTATIVE. THIS. THE SUBJECT PROPERTY IS GENERALLY LOCATED SOUTH OF AND ADJACENT TO JUPITER BOULEVARD, SOUTHWEST AND WEST OF AND ADJACENT TO GARVEY ROAD. THE APPROXIMATE SIZE FOR THE CONDITIONAL USE WILL BE 1.75 ACRES. THE ZONING IS NEIGHBORHOOD COMMERCIAL. IN THE FUTURE, LAND USE IS COMMERCIAL. THE REQUEST BEFORE YOU IS FOR A CONDITIONAL USE TO ALLOW FOR. A. A RETAIL STORE OF GROSS FLOOR AREA OVER 5000FT² IN THE NEIGHBORHOOD COMMERCIAL DISTRICT. I APOLOGIZE FOR THAT. Q 23 0002 MEETS THE MINIMUM REQUIREMENTS OF A CONDITIONAL USE REQUEST, AND STAFF RECOMMENDS APPROVAL SUBJECT TO STAFF COMMENTS CONTAINED IN THE STAFF REPORT. AND I'M AVAILABLE FOR ANY QUESTIONS AND THE APPLICANT IS HERE AS WELL. THANK YOU, MR. WHITE. IS THE BOARD HAVE ANY QUESTIONS FOR STAFF? READING THIS. THAT WILL BE HANDLED AT THE TECHNICAL REVIEW, AT THE SITE PLAN PHASE. THIS IS JUST THE ENTITLEMENTS FOR THE CONDITIONAL USE, BUT THEY HAVE STARTED THE APPLICATION AND ONCE THEY GET THE CONDITIONAL USE APPROVED AND THEN THEY SUBMIT THE FULL SITE PLAN WITH IT, THAT WILL BE REVIEWED AT THAT TIME. OTHER QUESTIONS FOR STAFF. THANK YOU. WELL, THE APPLICANT OR THE REPRESENTATIVE, PLEASE APPROACH THE MICROPHONE. MADAM CHAIRWOMAN, MY NAME IS JACK SPIRA. AN ATTORNEY REPRESENTING THE APPLICANT ADDRESS IS 505 BABCOCK STREET. REPRESENT CONCEPT DEVELOPMENT. WHO'S THE APPLICANT? AS STAFF INDICATED, ZONING IS COMMERCIAL, NEIGHBORHOOD, COMMERCIAL. THAT ALLOWS BY A MATTER OF. RIGHT. THE TYPE OF USE HERE. WHAT WE'RE HERE ON A CONDITIONAL USE IS BECAUSE IT'S IN EXCESS OF 5000FT². THERE WAS A CITIZENS PARTICIPATION MEETING. IT WAS SPARSELY ATTENDED. THE STAFF REPORT CERTAINLY INDICATES THAT WE'VE COMPLIED WITH ALL REQUIREMENTS ON IT. [00:10:01] THE APPLICANT WOULD AGREE WITH STAFF RECOMMENDATION. I HAVE WITH ME HOLLY IRISH, WHO IS VICE PRESIDENT OF VECTOR CIVIL ENGINEERING. SHE'LL ANSWER ANY QUESTIONS YOU HAVE REQUEST THAT THAT THE BOARD FAVORABLY RECOMMEND THIS MATTER TO COUNCIL. I'D LIKE TO RESERVE TIME TO ANSWER ANY QUESTIONS THAT MAY COME UP DURING THE CITIZENS COMMENTS. AT THIS TIME, I'D LIKE TO CALL MISS IRISH. THANK YOU. THANK YOU. GOOD EVENING. BOARD. HOLLY IRISH WITH VECTOR CIVIL ENGINEERING. THE STAFF REPORT IS A VERY DETAILED AND I WON'T REHASH ALL OF THAT. I HAVE A VERY LONG PRESENTATION THAT JUST HAS ALL THE SAME INFORMATION THAT THE STAFF REPORT DOES. SO I WILL GET TO WHAT WE REALLY LIKE TO SEE THE SITE PLAN, THE STAFF REPORT, AS I SAID, IT ADDRESSES EVERYTHING. IT DOES RECOMMEND APPROVAL BASED ON MEETING THE REQUIREMENTS OF SECTION 185 087. A COUPLE OF POINTS FROM THAT THAT I'D LIKE TO TOUCH ON THE PARKING, I'LL JUST REITERATE THAT WE WILL ADDRESS THAT DURING THE SITE PLAN PERMITTING PROCESS, WE'RE REQUIRED TO SUBMIT FULL ENGINEERED SITE PLAN FOR THAT PROCESS RELATED TO UTILITIES. THAT IS A CONDITION OF SECTION 185 087. THERE IS A WATER MAIN ALONG THE NORTH SIDE OF JUPITER AVENUE, SO WE WILL BE EXTENDING THAT DOWN GARVEY ROAD TO OUR SITE APPROXIMATELY 325FT. AND THERE'S AN EXISTING FORCE MAIN ON THE SOUTH SIDE OF JUPITER AVENUE. WE WILL BE EXTENDING THAT DOWN. GARVEY MAIN GARVEY ROAD, ALSO ABOUT 350FT FOR THE NEIGHBORHOOD CITIZEN PARTICIPATION MEETING THAT WE HELD MR. AND MRS. NEWBERN AND ATTENDED THAT IN GENERAL, THEY WEREN'T A FAN OF THE STORE BRAND BEING THERE, BUT THEY DID HAVE A SPECIFIC REQUEST OUT OF THAT THAT WE WOULD HAVE TO DEVIATE FROM CODE. SO AT THE TIME OF SITE PLAN, WE WOULD NEED TO GET THAT APPROVED AND THAT WAS A REQUEST. WE ARE REQUIRED TO PLACE A FENCE ALONG THE RESIDENTIAL PROPERTY BOUNDARIES AND THAT'S ILLUSTRATED ON THE SITE PLAN THERE. AND THEIR REQUEST WAS FOR THAT FENCE TO BE LOCATED ALONG THE BUFFER LINE INSTEAD OF THE ACTUAL PROPERTY LINE SO THAT THE LANDSCAPING IS ON THEIR SIDE OF THE FENCE. SO THAT WOULD BE SOMETHING I THINK WE WOULD HANDLE AND STAFF DURING THE SITE PLAN PERMITTING PROCESS, BUT WE PREPARED TO MEET THAT IN ALL OF STAFF COMMENTS. I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? YES. THE SITE PLAN. WHICH TAKES TO. SO THE SITE PLAN. YES. IS RELATED TO THE FENCE. THAT IS AN OPTION THAT WE ARE ABLE TO ADDRESS, BUT THAT WE WILL NEED STAFF APPROVAL FOR THAT. YES, SIR. ANY FURTHER QUESTIONS FOR THE APPLICANT? SEEING. THANK YOU. THANK YOU. FLOOR IS NOW OPEN FOR PUBLIC COMMENTS. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? ANY OPPOSED? SIR, YOU WANT TO COME, MA'AM? COME FORWARD. DID YOU FILL OUT A COMMENT CARD? YOU CAN FILL THAT OUT AND TURN IT IN LATER. OKAY. JUST GIVE US YOUR NAME AND. NO, THAT'S OKAY. NAME AND ADDRESS NOW, PLEASE. MY NAME IS JESSICA NEWBURN. I LIVE AT 665 WEAVER ROAD. THIS BUILDING IS GOING TO BE BUILT BEHIND US. WE ARE THE ONES THAT CAME TO THE MEETING. THE FIRST MEETING FOR THEM. WE WERE CONCERNED BECAUSE THEY WERE GOING TO PUT THEIR FENCE ON OUR PROPERTY AND FOR ZONING THING, BUT I GUESS THAT THEY'RE SUPPOSED TO BE SOMETHING WITH ELECTRIC EVENTUALLY FOR THAT BUFFER LINE THAT EVENTUALLY YOU'RE GOING TO DO THE LINES UNDERGROUND OR SOMETHING FOR ELECTRIC. SO THAT REALLY WOULDN'T MATTER OVER TIME. SO THAT WAS REALLY WHAT WE WERE GOING FOR, WAS, YOU KNOW, PUTTING A FENCE ON OUR PROPERTY. NOBODY WANTS THAT. EVEN THERE'S TWO NEW IF YOU LOOK, THERE'S OUR HOUSE AND THEN THERE'S LIKE THREE LOTS IN BETWEEN. THERE'S ALREADY A LOT NEXT TO US, WHICH IS OUR FRIEND. AND THE OTHER TWO ARE ALREADY BOUGHT. AND THEY SAID BY PUTTING THAT FENCE, IT'S GOING TO INTERFERE WITH THEIR BUILDING. THAT'S WHAT THEY WERE. THEY WERE THINKING, TOO, THAT IT WOULD INTERFERE WITH IT. SO AND YES, WE WERE CONCERNED ABOUT THE BUILDING BECAUSE IT IS DOLLAR GENERAL. THERE IS $3 GENERALS WITH LESS THAN TWO MILES OF THAT ONE. SO WE'RE WONDERING WHY YOU WOULD HAVE TO PUT ANOTHER DOLLAR GENERAL WHEN THERE'S ALREADY $3 GENERALS IN LESS THAN TWO MILES OF THAT ONE. NOW, MY CONCERN IS THAT I'M NOT IN FAVOR OF DOLLAR GENERAL. [00:15:05] I AM NOT A DOLLAR GENERAL SHOPPER. SO THAT IS A LITTLE UPSETTING. AND IF YOU WERE GOING TO PUT A BUILDING, I'D BE OKAY WITH IT. IF IT WAS SOMETHING THAT WILL HELP OUR COMMUNITY. I DON'T FEEL THAT THAT STORE WILL HELP OUR COMMUNITY. THAT'S MY CONCERN IS, YOU KNOW, PUTTING THAT ON OUR PROPERTY AND SOMETHING THAT WE ALREADY HAVE A MILLION. AND LIKE I SAID, THERE'S THREE WITH LESS THAN TWO MILES FROM OURS. SO YOU'RE JUST WONDERING WHY THEY WANT TO PUT ANOTHER ONE THERE. THAT'S ALL. THANK YOU FOR YOUR COMMENTS. THANK YOU. ANYONE ELSE WISH TO SPEAK? ON THIS ISSUE, SIR. EIGHT ON FOLKS. MY NAME IS JOHN LUCAS. I'M THE ADJACENT LANDHOLDER TO MS.. JESSICA THERE. I'VE BEEN LISTENING TO THE COMMENTS FROM BOTH SIDES, FROM THE DEVELOPER AND FROM JESSICA AND RICK NEWBURN. UM, THE CONCERN WAS THE FENCE. I HEARD THEM SAY THAT THEY WERE WILLING TO POSSIBLY CHANGE THAT AND MODIFY IT WITHIN THE NEW PLAN THAT SHE SAID SHE WAS GOING TO BE DRAWING UP. AS A FORMER LAW ENFORCEMENT OFFICER, DOLLAR GENERAL'S ARE KNOWN TO HAVE THE I ACTUALLY DO SHOP AT DOLLAR GENERAL. I'M A FAN OF THE STORE. I USE IT A LOT. BUT IF YOU NOTICE IF YOU GO DOWN, SAY BABCOCK ROAD, FOR EXAMPLE, PICK A DOLLAR GENERAL DRIVE INTO THE PARKING LOT, SEE THE AMOUNT OF THEFT THAT THEY HAVE AND THE AMOUNT OF HOMELESS THAT CATER INTO THE PARKING LOT AND THE SURROUNDING AREAS. PICK ANY DOLLAR GENERAL IN OUR AREA. TALK TO PALM BAY PD, TALK TO MELBOURNE PD. ASK THEM THE TYPE OF PEOPLE THAT THEY RESPOND TO CALLS TO IN THOSE PARKING LOTS CONSTANTLY. IT'S JUST SOMETHING THAT THEY MIGHT WANT TO CONSIDER ALSO. AND THAT'S ALL. THANK YOU, SIR. DID YOU FILL OUT A COMMENT CARD? YES, MA'AM. NO, I WILL. I DIDN'T REALIZE THAT. THANK YOU. YEAH. WOULD YOU, PLEASE. ANY OTHER FURTHER COMMENTS FROM THE AUDIENCE? SEEING NONE, WOULD YOU LIKE TO RESPOND? OH, I'M SORRY. ONE MORE, I GUESS. DID YOU? ONE MORE. I'M SORRY. HELLO, I'M RICHARD NEWBURN. I LIVE AT 665 WEAVER ROAD. SAME COMMENTS AS MY WIFE. BUT THE FACT IS, IS DOLLAR GENERAL, THERE IS $18,000 GENERALS IN THE UNITED STATES. WHY DO WE NEED ONE MORE? AND I'M SORRY. I GOT. T RALPH PRICE. HE IS ONE OF THE TOP SHAREHOLDERS OF DOLLAR GENERAL. ALL RIGHT. AND THE FACT THAT IS HE IS PART OF THE CHINA YEN PROCESS AND HE'S TRYING TO MAKE EVERYTHING GROW. SO EVEN THOUGH HE'S A STAKEHOLDER, HE IS STILL OWNER OF DOLLAR GENERAL. SO WITH ALL THESE PROFITS THAT HE'S GETTING FROM DOLLAR GENERAL, HE'S SENDING IT TO CHINA. SO I JUST DON'T SEE DOLLAR GENERAL BEING PART OF UNITED STATES ECONOMY. SO. THAT'S WHY I'M NOT A FAN OF DOLLAR GENERAL. OKAY. THANK YOU FOR YOUR COMMENTS. WOULD YOU LIKE TO RESPOND? THE APPLICANT. YOU'RE TRYING TO. I RESPOND TO THE THING AS FAR AS THE NUMBER OF DOLLAR GENERALS IN THE AREA. CERTAINLY IT'S A MATTER OF MARKET. IT'S MARKET DRIVEN. IF THERE WASN'T A DEMAND FOR IT, THEY WOULDN'T BE BUILDING DOLLAR GENERALS. THE OTHER THING TOO IS THIS PROPERTY IS ZONED COMMERCIAL. CERTAINLY YOU COULDN'T BUILD A 10,000 SQUARE FOOT DOLLAR GENERAL STORE. YOU COULD BUILD SOME OTHER STORE, CERTAINLY SMALLER, OR YOU COME BACK WITH ANOTHER TYPE OF STORE. SO SOMETHING CAN BE DEVELOPED ON HERE. PEOPLE AND I UNDERSTAND THEY DON'T LIKE SOMETHING IN THEIR BACKYARD. BUT REALITY IS MS. IRISH INDICATED THEY'RE WILLING TO GO AHEAD AND CHANGE THE FENCE, PUT THE LANDSCAPING ON THEIR SIDE, WILLING TO ACCOMMODATE IT. WE'RE GOING TO GO AHEAD AND GET AN EXTENSION OF WATER EXTENSION OF SEWER THAT'S GOING TO BENEFIT THE AREA. AS FAR AS ANY PROBLEMS, AS FAR AS HOMELESS, I THINK THAT'S A THAT'S A PROBLEM. UNFORTUNATELY, NATIONWIDE RIGHT NOW, IT'S NOT ONLY HERE, BUT TO SOME EXTENT. BUT I'M NOT AWARE OF A PARTICULAR HOMELESS PROBLEM OR ANY PARTICULAR POLICE PRESENCE PROBLEM WITH DOLLAR GENERALS. I CERTAINLY NOT AWARE OF THAT. AS TO WHO OWNS THE DOLLAR GENERAL, I CAN'T SPEAK TO THAT. I DON'T KNOW WHO OWNS IT AND WHETHER THEY SEND THEIR MONEY TO CHINA OR NOT. I DON'T THINK IT'S RELEVANT TO THIS. BUT AGAIN, I'D REQUEST YOU CONSIDER A FAVORABLE RECOMMENDATION OF THIS REQUEST. THANK YOU. IS THERE ANY QUESTIONS ANYBODY HAS FOR ME FROM THE BOARD? THE APPLICANT. OKAY. OKAY. THANK YOU. OKAY. THANK YOU. FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS IN THE CASE IS BROUGHT BACK TO THE BOARD OR DO I HAVE ANY FURTHER DISCUSSION OR MOTION? [00:20:07] OKAY. I GOT A COUPLE OF THINGS TO SAY. NUMBER ONE IS, PERSONALLY, I'M NOT A FAN OF DOLLAR STORES. IT'S IRRELEVANT. IT'S RELEVANT TO THIS BOARD AND IT'S IRRELEVANT TO THE CITY COUNCIL. ACTUALLY, THE TRUTH OF THE MATTER IS WHETHER WE RECOMMEND SOMETHING FOR APPROVAL AND WHETHER THE CITY COUNCIL APPROVES SOMETHING OR NOT IS ENTIRELY YOU KNOW, HAS TO HAS TO REST ON THE LEGALITIES OF IT. THEY HAVE TO HAVE A LEGAL REASON FOR TURNING IT DOWN. THERE IS NONE TO TURN THIS DOWN. MY CONCERNS WHEN I FIRST SAW THIS WAS WAS ITS PROXIMITY TO TO JUPITER, WHICH IS A RATHER BUSY STREET. AND AND A LOT OF SCHOOL KIDS, YOU KNOW, WALKING TO SCHOOL ALONG THERE BUT THIS IS SET WAY BACK FROM WELL BACK FROM FROM JUPITER. AND ALSO IT'S SEPARATED FROM THE RESIDENTIAL AREAS TO THE WEST AND TO THE SOUTH, PRIMARILY BY WATER RETENTION PONDS. AND THE REST OF IT HAS AT LEAST A 25 FOOT SETBACK. SO, YOU KNOW, I DON'T HAVE A PROBLEM WITH THIS. LIKE I SAID, I'M NOT A FAN, BUT IT IS WHAT IT IS. IF THEY DIDN'T FEEL IT WOULD BE SUCCESSFUL, BELIEVE ME, THEY WOULDN'T BUILD IT. SO HAVING SAID THAT, MOTION TO APPROVE QUEUE 23 000 TO SUBJECT TO STAFF COMMENTS. SECOND, WE HAVE A MOTION. A SECOND. ALL IN FAVOR? AYE. MOTION APPROVED UNANIMOUSLY. THANK YOU. THANK YOU. THE NEXT CASE. MS.. RAMOS, CP 23 00004. OKAY. CP 23 00004. THE APPLICANT IS STEAMBOAT LANDING LLC AND GATEWAY MEDICAL PROPERTY, LLC. CURTIS J. MCKINNEY IS THEIR AUTHORIZED REPRESENTATIVE AND HE IS NOT ARRIVED YET, BUT HIS BUSINESS PARTNER, JAMES MAYS, IS HERE. IS THAT OKAY TO CONTINUE? YOU'RE GOOD WITH IT. I'M AN AUTHORIZED MEMBER. SO I'LL NEED TO GET A LETTER OF AUTHORIZATION IN THE FILE. THE LOCATION IS EAST OF AND ADJACENT TO DIXIE HIGHWAY, NORTHEAST IN THE VICINITY OF KIRKLAND ROAD, NORTHEAST AND BAY BOULEVARD NORTHEAST. THE PARCELS EQUAL APPROXIMATELY 4.12 ACRES. THE FUTURE LAND USE IS HIGH DENSITY RESIDENTIAL AND URBAN MIXED USE. IT WAS PREVIOUSLY MULTIFAMILY, RESIDENTIAL AND BAYFRONT MIXED USE VILLAGE. BUT WITH THE UPDATE TO THE FUTURE LAND USE ELEMENT, IT HAS BEEN TRANSITIONED. THE APPLICANT IS REQUESTING A SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT FROM HIGH DENSITY RESIDENTIAL AND URBAN MIXED USE TO THE ENTIRE SITE BECOMING URBAN MIXED USE AND A RECOMMENDATION IS THAT CP 23 00004 MEETS THE MINIMUM REQUIREMENTS FOR A SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT AND IS RECOMMENDED FOR APPROVAL. AND AS I SAID, STAFF IS AVAILABLE AND MR. MAYES IS AVAILABLE IF YOU HAVE ANY QUESTIONS. HE. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? NONE WITH THE APPLICANT. PLEASE COME FORWARD. JAMES MAY, 204 TON POOCHIE DRIVE, INDIAN HARBOR BEACH. I AM A MANAGER, MEMBER OF STEAMBOAT LANDING AND A MEMBER OF GATEWAY MEDICAL. SO BOTTOM LINE IS THE PLAN IS WE TO SIMPLY SWITCH MOSTLY FROM BMV, WHICH IS A MIXED USE DESIGNATION ALREADY TO BMU. IT ALLOWS FOR A LITTLE BIT HIGHER DENSITY AND A 55 PLUS SITUATION WHERE WE COULD ALLOW 55 PLUS CONDOMINIUMS IN THERE AND A FEW MORE CONDOMINIUMS THAN WE HAD HAD BEFORE. AND THEN ALSO MEET THE CONDITIONS OF THE MIXED USE ZONING, WHICH WOULD ADD SOME IMPROVEMENTS THAT WE UNDERSTAND ARE REQUIRED AS PART OF THE AS PART OF THE FORMAL PLANNING PROCESS AND GETTING AUTHORIZATION FOR SITE PLAN. SO I GUESS SOME OF THE BENEFITS TO THE COMMUNITY ARE AS WE AS WE WOULD REAPPLY FOR A SITE PLAN, WE THERE ARE REQUIREMENTS THAT WE WOULD HAVE TO MEET TO ENHANCE THE SURROUNDING NEIGHBORHOOD. AND I GUESS THAT'S PRETTY MUCH IT IN A NUTSHELL. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? UH, SIR? YES, SIR. HOW MANY STOREYS HIGH ARE THESE CONDOMINIUMS? WE DON'T HAVE ANY FORMAL PLANS YET, BUT THE CURRENT DESIGNATION ALLOWS US TO GO 70 FOOT WITH OR WITHOUT ANY CHANGE IN THE ZONING. [00:25:10] AND I THINK IN ORDER TO GO IN ORDER TO GO ANY HIGHER THAN THAT, THE ZONING CRITERIA REQUIRES US TO ADD ENHANCEMENTS TO THE NEIGHBORHOOD IN ORDER TO GET ANY ADDITIONAL HEIGHT ABOVE 70FT. AND I THINK THE MAXIMUM IN THE ZONING CRITERIA IS 110, I BELIEVE. BUT I GUESS STAFF COULD SPEAK TO THAT. THANK YOU. AND IF I COULD ASK STAFF A QUESTION AT THE. YES. OKAY. YES, THAT IS CORRECT. MY QUESTION WOULD BE IN THE FIRE DEPARTMENT IS OKAY WITH THIS. YOU KNOW, IT'S GOING TO TAKE A HOOK AND LADDER TO GO SEVEN STORIES OR SIX STORIES. SO YOU'RE VOTING ON AN ENTITLEMENT TONIGHT. THE ABILITY OF A FIRE DEPARTMENT TO HAVE AN APPARATUS IN SUCH A FASHION IS NOT SOMETHING THAT IS RELEVANT TO THIS. THAT'S SOMETHING THAT WE WOULD HAVE TO DEAL WITH THROUGH FIRE SPRINKLERS AND OTHER THINGS AND OTHER MEASURES. SO YOU DON'T HAVE TO NECESSARILY WORRY ABOUT THAT AS A ZONING ENTITLEMENT. YOU HAVE TO BE VOTING ON WHETHER OR NOT THE USE ITSELF IS SOMETHING THAT'S COMPATIBLE WITH THE AREA, NOT NECESSARILY THE SITE DEVELOPMENT PLAN, INFORMATION THAT STAFF WILL REVIEW LATER ON. THANK YOU. THANK YOU, SIR. THANK YOU, SIR. THANK YOU. FOR THE RECORD, THERE ARE NO LETTERS IN THE FILE ON THIS CASE. THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS. IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? ANY OPPOSED. AND YOU CAN COME FORWARD. MY NAME IS SUSAN CONNOLLY. I LIVE AT 3901 DIXIE HIGHWAY, NORTHEAST AT CASTAWAY COVE CONDOMINIUMS IN PALM BAY. SO THIS PLAN IS FOR BUILDING A MEMORY CARE FACILITY, WHICH WOULD BE FOR INDIVIDUALS THAT ARE HAVE CHALLENGES WITH MOBILITY AND MENTAL CAPACITY AND, UH, AND MEDICAL CONDITIONS THAT REQUIRE THEM TO BE INSIDE AND LIVE LIMIT OUTSIDE ACTIVITIES, WHICH IS IN CONTRAST TO THE LOCATION OF WHERE THIS FACILITY IS GOING TO BE, WHICH IS RIGHT ON THE INDIAN RIVER LAGOON AND ALSO BORDERING THE CASTAWAY POINT PARK. BOTH THESE TWO, THE PARK AND THE LAGOON, ARE ARE AREAS THAT PROMOTE OUTDOOR ACTIVITIES AND RECREATIONAL ACTIVITIES AND ALSO HAVE THE UNIQUE ASPECT OF ONE OF A KIND AREA WITH THE NATURE AND WILDLIFE AND OF COURSE, THE TURKEY CREEK SANCTUARY. SO REALLY IT'S A MISMATCH, I THINK, BETWEEN THE PURPOSE OF THE FACILITY AND THE LOCATION THAT THEY'VE CHOSEN. UM, AT THE VERY LEAST, IF, IF THIS IS APPROVED, I THINK IT SHOULD BE WITH A REQUIREMENT THAT THE DEVELOPER USE LOW IMPACT DEVELOPMENT PRACTICES, THAT THE, THAT THAT WOULD BE FOR ALL ASPECTS OF THIS PROJECT AND ALSO ALL PHASES, INCLUDING THE COMMERCIAL PHASE WHICH WOULD COME LATER. THE CITY OF PALM BAY HAS DEVELOPED THEIR OWN LOW IMPACT DEVELOPMENT MANUAL, A GUIDANCE MANUAL. IN FACT, THEY HAVE VERY SPECIFIC CONDITIONS AND DETAILS FOR DEVELOPMENT THAT IS IN SUPPORT AND ENHANCES ENVIRONMENTS SUCH AS THIS ONE, SUCH AS PROTECTING SURFACE WATERS AND WETLANDS AND PRESERVING OPEN SPACES USING UNDERGROUND STORAGE AND RETENTION SYSTEMS, PERVIOUS MATERIALS FOR PARKING LOTS AND ROADS AND ROOFTOPS IN FLORIDA, FRIENDLY LANDSCAPING, JUST TO NAME A FEW. SO AS PART OF THE ZONING IS FOR HIGHER DENSITY AND MORE IMPACT. YOU CAN SEE THE NEED IS EVEN MORE JUSTIFIED, I THINK, TO PRACTICE AND REQUIRE THESE LOW IMPACT PRACTICES. SO THE DECISIONS TONIGHT ARE REALLY URGENT AND IMPORTANT THAT ARE LEFT WITH THIS BOARD TO APPROVE FIRST, TO APPROVE. IT'S A PRETTY LARGE PLAN FOR A MEMORY CARE FACILITY WITH ALSO THEY WERE MENTIONING CONDOS. THAT'S PHASE ONE. PHASE TWO WOULD BE A COMMERCIAL DEVELOPMENT. AND IN THE COMMUNITY PARTICIPATION PLAN, THERE WAS TALK OF A TIKI TYPE LOUNGE BAR AREA. [00:30:02] AND THIS IS ALL IN A VERY SMALL SPACE OF FOUR AND A HALF ACRES. SO THERE THERE IS ALREADY PROBLEMS WITH PARKING AND AND, AND JUST THE THINGS THAT ARE ALREADY THERE BEFORE THE DEVELOPMENT. THE OTHER IMPORTANT ISSUE THAT YOUR DECISION WILL IMPACT, IS THAT WHAT YOU DECIDE WITH THIS DEVELOPMENT WILL PRESENT A FOUNDATION FOR FUTURE DEVELOPMENTS. RIGHT NOW IN THIS AREA, THERE ARE SIX OTHER DEVELOPMENTS THAT HAVE ALREADY BEEN APPROVED BETWEEN MALABAR ROAD AND JAMES CONLON BOULEVARD. SIX ALREADY APPROVED. THAT WILL BE COMING BEFORE THE PLANNING AND ZONING WITH ISSUES SIMILAR TO THIS. SO IT'S WHAT IS DECIDED HERE. WILL YOU'LL ALSO BE DECIDING FOR SIX OTHER UNITS COMING UP NEXT. THANK YOU. COMMENTS. ANYONE ELSE WISH TO SPEAK ON THIS ISSUE? SIR. ANY FURTHER COMMENTS? SAY, SORRY, I'M NOT DRUNK. I'VE JUST GOT A BAD LEG. THEN YOU KNOW HOW EMBARRASSING IT IS. MY NAME IS VICTOR CHARVET. I LIVE AT THE SAME ADDRESS. I WON'T. DO YOU WANT ME TO GIVE THE ADDRESS? CASTAWAY COAST 39. I'M ONLY HERE TO THANK YOU FOR TAKING THE TIME BECAUSE I IN MY LIFETIME HAVE VOLUNTEERED. SO I KNOW WHAT THIS IS ABOUT. ALL I WANT TO DO IS BE YOUR EARS AND EYES FOR WHAT I SEE. AS A LAYPERSON, NOT AS A DEVELOPER. I THINK DEVELOPMENT IS GOOD FOR THE COUNTY. IT'S HOW WE DO IT. AND I SEE THINGS THAT I WENT TO A PREVIOUS MEETING WITH THE DEVELOPER AND I SEEN ISSUES AND THEY TALKED TO US AND ALL. AND ONE OF THE THINGS THAT I DIDN'T LIKE WAS THE WORD IT'S A DONE DEAL. WELL, THAT DOESN'T MAKE IT BECAUSE I DON'T GET TO GO INTO THE ROOMS AND MAKE THESE DEALS. WHAT I SEE OF SO FAR IN DEVELOPMENT. DO WE HAVE AN OPPORTUNITY IN OUR COUNTY TO DO THE RIGHT THINGS? AND ONE OF THEM IS NOT AGAINST THE DEVELOPMENT. IT'S HOW IT'S DEVELOPED AND WHO'S PAYING FOR WHAT UPFRONT. WHEN WE COME OUT OF THESE ROADS, THEY'RE GOING TO BE BUILDING THESE PROPERTIES ON. I LIKE TO SEE THE ZONING DEPARTMENT SAY YOU HAVE TO GIVE SO MANY FEET FOR CARS TO COME OUT SO THEY DON'T JUST SHOOT OUT INTO THE MAINLAND TRAFFIC, WHICH IS US ONE. THAT'S NUMBER ONE. AND NUMBER TWO IS WHEN A LOT OF PEOPLE WANT TO DRIVE ACROSS US 1 TO 2 DIFFERENT LANES COMING AND GOING. AND YOU KNOW THAT IF THESE ARE SENIOR PEOPLE, THERE'S GOING TO BE SOME SERIOUS ACCIDENTS. SO IT SHOULD BE A TURNAROUND POINT A BLOCK DOWN THE STREET. THIS IS PLANNING GOOD DEVELOPMENT FOR FUTURE PEOPLE COMING. I DON'T SEE ANYTHING WRONG WITH SAYING TO THE DEVELOPER, YOU WANT TO COME IN, YOU WANT TO DEVELOP, YOU HAVE TO GIVE THE RIGHT OF WAY AND THE PROCESS, THE PEOPLE TO TURN TO COME OUT FOR THE SIGNALS AND A TRAFFIC LIGHT. THERE'S NO TRAFFIC LIGHT DEVELOPED THERE YET. THE DEVELOPER SAID AT THE MEETING THAT I WENT TO THAT THEY WERE DOING SOME EXCESSIVE PUMP. THEY WERE GOING TO BUILD A PUMP FOR THE WATER TO GO OUT AND SO FORTH. WELL, HE THEY FELT THAT THAT MADE HIM THAT SINCE THEY'RE DOING THE PUMPS FOR THE WATER, THAT THE OTHER STUFF SHOULD BE DONE BY THE TAXPAYER. THAT'S WHERE I HAVE A PROBLEM WITH DEVELOPMENT. EVERYBODY NEEDS TO PUT UP THEIR FAIR SHARE BECAUSE THEY'RE GOING TO MAKE A LOT OF MONEY. AND IT'S NOT THAT I'M AGAINST IT. WHAT I'M AGAINST IS THEY'RE MAKING THE MONEY AND YOU'RE NOT PUTTING UP THE PART FOR THE PEOPLE TO GET IN AND OUT OF THIS AREA. THE PEOPLE ON THE TIKI BAR THAT THEY'RE TALKING ABOUT, THAT'S THAT IS A NUMBER GAME BECAUSE THEY DON'T HAVE ENOUGH PARKS, PARKING SPACES. SO THEY BUILT A TIKI BAR, WHICH I DIDN'T SEE ANYTHING WRONG WITH IT UNTIL I FOUND OUT IT WAS GOING TO BE THREE STORIES. WELL, YOU FIGURE HOW MANY PEOPLE ARE GOING TO GO TO A THREE STORY? WHERE ARE THEY GOING TO PARK? THEN YOU HAVE THE PEOPLE IN THE HAND FOR THE SENIOR CENTER AND THE PEOPLE IN THE BIG TALL BUILDINGS OF SEVEN, MAYBE SEVEN STORIES. WHERE ARE THEY GOING TO PARK? AND THIS IS WHAT I WANT THE BOARD TO TO SEE WHAT I SEE COMING TO WHERE I'M GOING TO LIVE. AND I KNOW YOU DO THE BEST JOB YOU CAN, BUT I DON'T GET INTO THE ROOM WHERE YOU GET TO GO INTO AND I DON'T HAVE THE PEOPLE WORKING FOR ME AS THEY DO FOR YOU. SO I DEPEND ON MYSELF COMING TO YOU AND EXPLAINING SO YOU CAN DO TWO THINGS. YOU CAN SAY HE HAS A POINT OR WE'RE GOING TO DO WHAT WE WANT. THAT'S IT. I DON'T MEAN TO SAY ANYTHING MORE THAN THAN THAT. I ALSO LIKE TO TELL YOU THAT OUR TELEPHONE POLES IN OUR COUNTY ON US, ONE, IT ALL HAS TO DO BECAUSE THAT'S PLEASE STICK TO THE ISSUE [00:35:07] AT HAND RIGHT NOW. PLEASE PALM BAY STICK TO THE ISSUE AT HAND. I AM STICKING TO THE ISSUE AND I FEEL NOW THAT YOU HAVE CHALLENGED MY AMERICAN RIGHT TO SPEAK AT A MEETING. OKAY. I LISTENED TO YOU FIVE SECONDS AGO, TEN MINUTES AGO, ABOUT SOMETHING YOU FELT AND NOW I'M SPEAKING. AND I DON'T MEAN TO CHALLENGE YOU, BUT THAT'S RUDE OF YOU TO DO THAT. TO ME. THAT TELEPHONE POLE IS IMPORTANT TO ME BECAUSE YOU HAVE SENIORS THAT NEED THAT ELECTRICITY AND THAT WIRING TO GO, AND THOSE POLES ARE INADEQUATE FOR OUR COMMUNITY AND NOBODY CAN GET THESE PEOPLE TO DO THEIR JOB. AND I ELECT PEOPLE LIKE YOURSELVES OR APPOINT TO HAVE PEOPLE APPOINT YOU TO THESE JOBS TO LISTEN TO US. NOW, IF YOU FEEL THAT THAT'S OFF THE ISSUE, I'M SORRY, BUT IT ALL ENTWINES THANK YOU VERY MUCH. AND I'M SORRY IF SOMEBODY GOT MAD HERE BECAUSE I'M UPSET THAT YOU COMMENTS. WOULD ANYONE ELSE LIKE TO SPEAK ON THIS ISSUE, MA'AM? GOOD EVENING. MY NAME IS ANN ATHERTON AND I LIVE AT 3901 CASTAWAY COVE CONDOMINIUMS. UM. AT THE PRE-PLANNING MEETING OR THE PRESENTATION THAT THEY GAVE. I'M NOT AGAINST MEMORY CARE. WE NEED IT, LIKE SUSAN SAID. WHY THERE? THEY ALSO WANT TO PUT SOMETHING ON THE POINT. YES. 30 YEARS AGO, 35 YEARS AGO, THERE WAS SOMETHING ON THAT POINT. WE DON'T HAVE THE INFRASTRUCTURE THERE. IF YOU LOOK AT THE MAP, AGAIN, IT'S A ONE LANE DIRT ROAD TO GET TO THAT POINT. THAT'S WHAT I'M AFRAID OF. THERE'S NO ROOM. WHY CAN'T IT BE PART OF CASTAWAY COVE PARK? JUST AN IDEA. NUMBER TWO IS THE TRAFFIC. I DON'T KNOW. A GAME FROM THE 80S CALLED FROGGER. YOU TAKE YOUR LIFE IN YOUR OWN HANDS, AND WE WANT TO EXIT OUR CONDOMINIUM COMPLEX ON ONE BECAUSE OF TRAFFIC. UM, WHAT HAPPENS IF THE ZONING CHANGE IS NOT APPROVED? THAT'S JUST A QUESTION. I DON'T KNOW. I THINK THE DEVELOPER, IF THIS GOES THROUGH, THE DEVELOPER AND PALM BAY SHOULD WORK TOGETHER WITH MCR TO ASSURE ALL REASONABLE ENVIRONMENTAL ISSUES ARE ADDRESSED. THAT'S THE OTHER THING. WE'RE FIGHTING TO SAVE THE INDIAN RIVER LAGOON. WE'RE BUILDING MORE AND MORE ON THE RIVER. WHAT'S TO SAY THEY'RE NOT GOING TO FOLLOW? POLICY PROCEDURE. IT'S JUST QUESTIONS THAT POP IN THE HEAD. THAT'S IT. THANK YOU. ANYONE ELSE IN THE AUDIENCE? DO YOU HAVE ANYTHING FURTHER TO ADD? HI, I'M LOUISE FORTUNE 30 901 DIXIE HIGHWAY, NORTHEAST CASTAWAY COVE. THE ONLY ISSUE I HAVE IS SOMETIMES I'LL BE SITTING OUT ON MY BALCONY WATCHING THE BIRDS FLY BACK IN AT NIGHT TO ROOST IN THE TREES AT THAT PARK. WHAT'S GOING TO HAPPEN TO THEM? THANK YOU. ANYONE ELSE? SIR? MY NAME IS TIMOTHY SCOFIELD. 3901 DIXIE HIGHWAY, NORTHEAST CASTAWAY COVE. AND MY MY MAIN OBJECTION TO IT WOULD BE THE TRAFFIC. WE'VE GOT JUST FAR TOO MUCH TRAFFIC. YOU CAN'T MAKE A LEFT TURN ONTO DIXIE HIGHWAY WHEN YOU COME OUT OF OUR UNIT UNLESS IT'S BETWEEN MIDNIGHT AND 5 A.M. AND JUST FEEL THAT THERE'S JUST TOO MUCH OVERDEVELOPMENT ON IT. THANK YOU. THANK YOU, MA'AM. DID YOU WANT OTHER LADY THAT WANTED TO SPEAK COME FORWARD? GOT. YEAH. YOU NEED TO FILL IT OUT. STATE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME IS MARY JANE RUSSELL, AND I LIVE AT 3266 FAIRFAX AVENUE, WHICH IS NOT REAL CLOSE, BUT IT'S CLOSE ENOUGH THAT I GO THERE EVERY EVENING TO CASTAWAY POINT. IT'S THE MOST BEAUTIFUL PARK THAT PALM BAY HAS. IT'S JUST ABSOLUTELY BEAUTIFUL. IF YOU HAVEN'T BEEN THERE AND SEEN THE SUNSETS AND THE SUN RISES OVER THE RIVER AND SEE THE MOON COME UP OVER THE RIVER. YOU REALLY MISSED OUT. [00:40:01] I THINK YOU REALLY SHOULD SEE THAT BEFORE ANY DECISION IS MADE. LIKE I SAID, IT'S THE MOST BEAUTIFUL PARK IN IN. PALM BAY PROBABLY IN THE COUNTY. IT'S EVEN LISTED IN THE COUNTY WHEN YOU LOOK UP PARKS, BECAUSE I'VE SEEN PEOPLE OVER THERE, THEY GO OVER THERE TO HAVE LUNCH, DINNER IN THE EVENING. THEY GO OVER THERE, HAVE COFFEE IN THE MORNING. IT'S JUST YOU CAN SEE THE MANATEES. IT'S THE MOST BEAUTIFUL PARK. IF ANYTHING, IT SHOULD BE EXPANDED INSTEAD OF BEING DEVELOPED AND AND BE RIGHT THERE, RIGHT AGAINST THE PARK. IT'S THE MOST FORGIVE MY USE OF THIS WORD, BUT IT'S THE MOST STUPID THING I'VE EVER HEARD OF. IT'S JUST ABSOLUTELY BEAUTIFUL. PLEASE GO THERE AND SEE IT BEFORE YOU MAKE A DECISION. THANKS. THANK YOU. ANY. ANYONE ELSE WISH TO SPEAK? PROPOSING THE PUBLIC COMMENTS. DID YOU WANT TO SPEAK, SIR? OKAY. ONE MORE. GOOD EVENING. MY NAME IS DAVID JELLISON. I AM A RESIDENT AT 3225 KIRKLAND ROAD, NORTHEAST. I'M A MEMBER OF THE BOARD OF DIRECTORS FOR CASTAWAY SHORES CONDOMINIUM, A DIFFERENT COMPLEX THAN THE ONES THERE AT. THIS PROJECT BORDERS US ON THE SOUTH AND ON THE EAST. IT IS LITERALLY RIGHT ON TOP OF US. SO WE'RE CONCERNED ABOUT THE DEVELOPMENT THAT IT BE DONE CORRECTLY. BUT THE MAIN REASON I WANT TO SPEAK TONIGHT IS BECAUSE OF THE EXISTING CONDITIONS OF THE PROPERTY. THE OWNER HASN'T TAKEN ANY INTEREST IN ELIMINATING THE PROBLEMS THAT WE HAVE OUT THERE. THE PROPERTY ON ON BAY BOULEVARD THAT HAS THE WATERFRONT IS SCHEDULED FOR A FUTURE PHASE, ACCORDING TO THE INFORMATION WE GOT AT THE OPEN HOUSE THAT THE OWNER DEVELOPER HELD A FEW MONTHS BACK. SO THAT PROPERTY IS A CONSTANT PROBLEM. IT AFFECTS THE QUALITY OF LIFE OF THE PEOPLE THAT LIVE THERE IN CASTAWAY SHORES. WE HAVE A LOT OF ELDERLY, ELDERLY PEOPLE. THEY ARE AFRAID TO COME OUT OF THEIR CONDO AT NIGHT BECAUSE OF THE THINGS THAT ARE GOING ON OUT THERE. I'VE BEEN THERE FOR OVER FIVE YEARS. I'VE ASKED THE OWNER TO FIX THE HOLES IN THE FENCES, PUT UP NO TRESPASSING SIGNS. THERE'S NOTHING HAS HAPPENED IN FIVE YEARS. NOT ONE. NO TRESPASSING SIGN HAS BEEN PUT UP. NOT ONE HOLE IN THE FENCE HAS BEEN HAD BEEN FIXED. WE ENDURE SEXUAL ACTIVITY OUT THERE. LOUD MUSIC, PROFANITY. HOMELESS CAMPS. DRUG USE. I'VE GONE OVER THERE AND CLEANED UP ALL THE THE GARBAGE AND DEBRIS, INCLUDING SYRINGES, DRUG PARAPHERNALIA. IT'S UNBEARABLE. YOU SHOULD, I WOULD THINK, HAVE SOME CONCERN ABOUT THAT. WE WE HAVE IN MY BUILDING. UM, I HAVE. THERE ARE THREE ELDERLY LADIES. DON'T DRIVE. THEY LIVE BY THEMSELVES. THEIR WIDOWS. AND EVERYBODY ELSE IN THAT IN THAT BUILDING. IT IS LITERALLY RIGHT ACROSS OUTSIDE OF OUR. IT'S LITERALLY RIGHT OUTSIDE. OF OUR DOOR. PER OUR SLIDING GLASS DOOR AND OUR WINDOWS. IT'S BAY BOULEVARD, LIKE THEY SAID, IS A ONE LANE DIRT ROAD. IT'S VERY NARROW. AND THE NOISE AND ALL OF THE. AND SINCE IT'S GOING ON OVER THERE IS JUST UNBEARABLE. AND I'VE TRIED TO GET THE POLICE TO DO ENFORCEMENT. THEY SAID THERE'S NOT MUCH THEY CAN DO BECAUSE THE OWNER DOESN'T. DOES NOT CARE. CAN YOU WRAP UP YOUR COMMENTS, PLEASE? I'M SORRY. YOU NEED TO WRAP UP YOUR COMMENTS. OKAY. SO THAT. PORTION THERE. ON ON. BAY BOULEVARD AND THE WATERFRONT IS SCHEDULED FOR A THIRD PHASE. I BELIEVE IT IS ANYWAY, A FUTURE PHASE. [00:45:01] AND AT THE OPEN HOUSE THAT WAS HELD, IT WAS COMMENTED THAT THEY INTEND TO USE THE THE. THE LIVING EQUIVALENT THAT WOULD THAT. THAT PARCEL WOULD ALLOW THEM TO USE MORE LIVING UNITS IN THE PART THAT THEY WANT TO BUILD NOW SO THAT THEY COULD PUT IN MORE. I DON'T SEE WHY Y'ALL SHOULD ALLOW THIS TO GO FORWARD UNLESS THE OWNER TAKES SOME PRIDE IN AND DOES SOMETHING TO. TO FIX THE PROBLEM THAT'S OUT THERE. IT'S UNBEARABLE FOR US. THAT'S ALL I HAVE TO SAY. THANK YOU FOR YOUR COMMENT, SIR. ANYONE ELSE FROM THE AUDIENCE WISH TO SPEAK. SEEING NONE WITH THE APPLICANT LIKE TO RESPOND. MR. MCKINNEY MIGHT MIGHT JOIN ME, BUT I'M IN REGARDS TO THE MEMORY CARE. THE FACT IS WE ALREADY HAVE AN APPROVED SITE PLAN THAT ALLOWS FOR MEMORY CARE WHETHER OR NOT WE DECIDE TO GO FORWARD WITH THAT. WITH A CHANGE OF THE ZONING, WE WOULD THEN MAYBE REVISE THE SITE PLAN WE MAY OR MAY NOT GO FORWARD WITH WITH MEMORY CARE, BUT IT IS AN APPROVED USE ALREADY. SO THE ENTITLEMENTS ARE THERE REGARDLESS. SO THE IDEA OF DONE DEAL MAY BE MR. MCKINNEY SPEAKS IN VERNACULAR BECAUSE HE'S KIND OF SOUTHERN BORN AND ALL THAT. HE, YOU KNOW, THAT'S JUST KIND OF A SAYING THAT THAT'S ALREADY THERE. THE ENTITLEMENTS ARE ALREADY THERE. UM, WITH REGARDS TO THE TAXPAYERS PAYING THINGS, WE ARE THE TAXPAYERS. OUR FACILITY AS IT IS BUILT WILL ADD TO THE TAX BASE SUBSTANTIALLY. AND WE HAVE ALREADY PAID SUBSTANTIAL IMPACT FEES THAT ARE THERE FOR THE ROAD DEVELOPMENT. SO THAT WAS A COMMENT THAT WAS MADE. SO WE'VE ALREADY CONTRIBUTED MORE THAN I THINK WAS 100,000, 700,000. WELL, WE'VE WELL, 700,000 IN PERMITTING AND FEES, BUT 100,000 IN SPECIFICALLY IN IMPACT FEES THAT ARE DESIGNATED FOR THE ROADS AND IMPROVEMENTS OF THE AREA WITH REGARD TO THE INDIAN RIVER LAGOON. IT. WE ARE FULLY AWARE THAT IT IS OUR RESPONSIBILITY TO MANAGE THE PERMITS AND THE PERMITTING PROCESS WITHIN THE CONFINES OF THE LAW THAT REQUIRE US TO MAINTAIN PROPER ENVIRONMENTAL STANDARDS. WE'VE ALREADY GOTTEN ALL OF OUR ENVIRONMENTAL PERMITS ONCE, AND IF WE REVISE THE PERMITS, WE'LL GET THEM AGAIN. THAT MEANS WE AND ALL THOSE CONDITIONS ARE INSPECTED BY THE STATE ON A REGULAR BASIS AS WE PRODUCE OUR OUR DEVELOPMENT. SO I THINK THAT PRETTY MUCH ADDRESSES ALL THE CONCERNS WITH THE RESPECT TO THE PARK ITSELF. WE'RE NOT OUR LAND IS NOT A PARK. OKAY. IT LOOKS LIKE A PARK MAYBE, BUT IT'S A PARK. IT'S NOT A PARK. IT'S OUR LAND. IT BELONGS TO US. THE PARK NEXT DOOR BELONGS TO THE CITY. AS A MATTER OF FACT, AS A COMPONENT OF THE DEVELOPMENT, WE WILL ENHANCE THE ENTIRE AREA. AND IN FACT, IF WE USE SOME OF THE BENEFITS THAT ARE IN THE ZONING MIX, WE WILL END UP ENHANCING THE PARK ITSELF. SO I DON'T KNOW IF MR. MCKINNEY HAS ANYTHING ELSE TO SAY. YES. CURTIS MCKINNEY. MCKINNEY CONSTRUCTION, MELBOURNE DEVELOPMENT. I'VE HEARD HIS COMPLAINTS AND I'M GOING TO EXPLAIN THEM TO YOU. WE'VE BEEN APPROACHED BY CODE ENFORCEMENT FOUR TIMES TO SIGN THE PROJECT TO CHAIN LINK. THE PROJECT TO PROTECT THE PROJECT. ALL FOUR TIMES WE'VE COMPLIED. WE JUST HAD ONE AS OF LAST 90 DAYS. MOW THE PROJECT. WE'VE DONE IT. WE CAN'T DO NOTHING ABOUT VAGRANTS. YOU KNOW WHY? IT IS BASICALLY A CODE ENFORCEMENT ISSUE. IT'S NOT AN OWNER'S ISSUE. IT'S A CODE ENFORCEMENT ISSUE. WE CAN MOW THE PROPERTY TO THE GROUND. IT GROWS BACK. IT'S GRASS. CODE ENFORCEMENT IS WORKING WITH US EVERY SINGLE DAY. WE HAVE NO CODE VIOLATIONS. YOU KNOW WHY? WE HAVE NO CODE VIOLATIONS. WE SIGNED THE PROJECT. WE DO NOT DO AS THE PARTICIPANTS SAY. WE DO NOT SIGN THE PROJECT. WE PUT THE FENCES UP. THEY TEAR THE FENCES DOWN. THIS GENTLEMAN'S BEEN ASSIGNED POWER FROM OUR CORPORATION AND OUR ATTORNEYS TO ANY TIME HE SEES SOMEONE THERE TO PLEASE CALL THE POLICE AND PLEASE RECOGNIZE THAT THEY'RE TRESPASSING. WE'VE REGISTERED ALL OF THE PROPER PAPERWORK WITH THE CITY OF PALM BAY. BUT THE PROBLEM ABOUT IT IS, GUYS, EVERYONE WANTS TO GO TO THE POINT I CAN'T LIVE AT THE POINT. IT'S JUST AN INVESTMENT. IT'S JUST A DEVELOPMENT THAT WE'RE PUTTING IN. IT'S NOT OUR INTENTION OF BEING BAD. THE SOONER WE GET THE PROPER ZONING, THE SOONER WE GET THE PROPER AUTHORIZATION TO GO FORWARD IS THE FASTER THAT WE CAN DO THIS. WE'RE PREPARED TO MOVE FORWARD WITH OUR DEVELOPMENT BY JANUARY OF 2024. [00:50:03] AND WE'VE SPENT HUNDREDS OF THOUSANDS, ALMOST $1 MILLION TO COMPLY AND DO EVERYTHING. WE'RE STANDING ON A PERMIT RIGHT NOW FOR THE MEMORY CARE WE'RE JUST TRYING TO DO ASSOCIATE AND TO OUR OUR NEW CURRENT MARKET STUDY THAT WE JUST HAD PUT IN PLACE, BASICALLY, IT SAYS, LISTEN, EVERYTHING GOING ON IN PALM BAY AND MY FAMILY'S BEEN THERE FOR 125 YEARS. I'M A LOCAL PERSON. I OWN 6 OR 7 COMPANIES, EMPLOY 300 PEOPLE IN TOWN. AND I CAN TELL YOU RIGHT NOW, MELBOURNE IS NOT THE MELBOURNE I GREW UP IN. PALM BAY IS NOT THE PALM BAY THAT I GREW UP IN AND THERE'S NOTHING ABOUT IT. I STARTED BUILDING ON PALM BAY ROAD FOR FRED SUTTON IN 1975. I STILL WORK WITH FRED AND I STILL DEVELOP IN PALM BAY, BUT THE FACT OF THE MATTER IS MELBOURNE IS CHANGING. OUR WHOLE DEMOGRAPHICS IN THIS COMMUNITY IS CHANGING. WE BUILT 91 APARTMENT COMPLEXES LAST YEAR, BREVARD COUNTY, WE BUILT 213 HOUSING DEVELOPMENT AREAS. YOU CANNOT SAY THAT MELBOURNE AND BREVARD COUNTY ARE STAYING THE SAME LITTLE COMMUNITY THAT WE WERE. IT'S CHANGING EVERY SINGLE DAY. HOWEVER, WE'RE JUST TRYING TO DO SOMETHING GOOD IN THE BAYFRONT DISTRICT, WHAT WE BRING TO THE BAYFRONT DISTRICT, BECAUSE $56 MILLION, $56 MILLION RIGHT BESIDE OUR PEOPLE'S CONDOS, YOU DON'T THINK THAT'S GOING TO HAVE A VALUE AND ASSESSMENT TO THEIR PROPERTY? IT'S GOING TO HAVE A VERY, VERY LARGE EFFECT TO THEM. GRANTED, THEY ARE IN THE BAYFRONT DISTRICT AND WE ALREADY KNOW ABOUT THE TWO POINT WHAT $4 BILLION DEVELOPMENT THAT PALM BAY SPENT HUNDREDS OF THOUSANDS OF DOLLARS ON TO DESIGN AND PUT OUT RELEVANT TO THE BAYFRONT DISTRICT AND ALL THE DRAWINGS AND EVERYTHING THEY HAVE OUT THAT WE'RE TRYING TO BRING INVESTORS INTO HERE. IT'S ALL PART OF A CATALYST THAT WORKS TOGETHER. WE WANT OUR PROPERTY TO BE AS DIVERSIFIED AS POSSIBLE OUR MARKET STUDIES, OUR INDEPENDENT STUDIES, OUR FEASIBILITY STUDIES THAT A LOT OF STUFF, AS WE KNOW, ARE ALL TRENDING TOWARDS INDEPENDENT LIVING, INDEPENDENT LIVING AND ASSISTED LIVING CARE. ALF IS THE SAME THING. YOU STILL HAVE A PHARMACY, YOU STILL HAVE FOOD FOR THE FOR THE FOR THE PATRON OR THE TENANT. YOU STILL HAVE EVERYTHING UNDERNEATH AN ASSISTED LIVING CARE. BUT YOU KNOW WHAT? PEOPLE DON'T LIKE TO BE CLASSIFIED AS ASSISTED LIVING. THEY WOULD RATHER HAVE THAT LIBERTY AT OUR AGE. I'M ALMOST 65 AT OUR AGE TO BE CLASSIFIED AS INDEPENDENT. I DON'T WANT YOU. I DON'T WANT TO BE ASSISTED LIVING. I WOULD RATHER BE CLASSIFIED AS INDEPENDENT. SO WHENEVER SOMEONE SAYS THAT WE'RE NOT BRINGING SOMETHING TO THE TABLE, OR I CAN ASSURE YOU WE'RE BRINGING MORE TO THE TABLE THAN THE BAYFRONT DISTRICT IS EVER HAD OR WILL EVER RECOGNIZE. I MEAN, IT'S JUST A LOT OF MONEY THAT WE'RE GOING TO SPEND OUR PARTNERS, OUR DEVELOPMENT CREW, OUR PEOPLE ARE READY TO ENGAGE. BUT WE THINK THAT BEING MORE DIVERSIFIED, RELEVANT TO INDEPENDENT LIVING MEMORY CARE WOULD BE A LOT BETTER THAN BEING MEMORY CARE, ASSISTED LIVING AND 30 LITTLE UNITS OF INDEPENDENT LIVING. SO THAT'S ALL THAT WE'RE TRYING TO DO IS INCREASE OUR DENSITY. BUT IN GENERAL, EVERYTHING IN THAT AREA IS GOING TO BE ENHANCED. TEN TIMES OVER. WE ALL ARE FAMILIAR WITH HAWTHORN AND WE'RE ALL FAMILIAR WITH THE BAY AREA. I MEAN, IF YOU'VE BEEN HERE FOR ANY TIME, LIKE MY FAMILY HAS, I UNDERSTAND THAT AREA PERFECTLY. THE ONLY REASON WE CAN'T GROW THAT AREA IS BECAUSE WE CAN'T GET A UNITED STATES FDOT PERMIT TO RAISE THE BRIDGE. IF WE COULD RAISE THE BRIDGE, WHAT WOULD HAPPEN? THE PROPERTY THAT CITY OF PALM BAY OWNS ON THE OTHER SIDE COULD THEN BE OPENED UP TO DEVELOPMENT WHERE THE RAILROAD TRACKS AND ALL THAT STUFF IS. THAT'S ONE OF THE BIGGEST HELLS WE HAVE IN HERE. I KNOW THAT JOAN JUNCA KNOWS THAT THERE'S A LOT OF PEOPLE THAT KNOWS WE NEED THAT GOVERNMENT GRANT TO RAISE THAT BRIDGE SO WE CAN GET LARGER VESSELS UNDERNEATH. THERE'S A LOT OF STUFF THAT NEEDS TO HAPPEN IN THE BAYFRONT DISTRICT. WE'RE JUST THE FIRST GUY THAT'S GOING TO GO IN THERE AND SPEND $50 MILLION. THAT'S ALL WE ARE. WE'RE JUST THE FIRST GUY GOING TO COME IN AND BRING A LITTLE BIT OF A MEDICAL COMPLEX. WHEN I SAY MEDICAL, I'M JUST TALKING ABOUT SOME MEMORY CARE AND SOME INDEPENDENT LIVING SUPPORTED BY SOME MEDICAL AMENITIES BY PHARMACIES AND AND DOCTORS MAKING ROUTINE CHECKS AND STUFF LIKE THAT IN THE AREA. BUT TO THINK THAT THE PEOPLE IN AND AROUND OUR COMMUNITY IS NOT GOING TO BENEFIT TEN FOLDS OVER, IT'S NOT GOING TO HAPPEN. THIS IS MELBOURNE. THERE'S NOBODY KNOWS THE COMMUNITY BETTER THAN I DO. I'VE BEEN BUILDING IN MELBOURNE, PALM BAY, FOR 42 YEARS. FOR 42 YEARS I'VE BEEN HERE. I'VE BEEN HERE LONGER THAN 20 CITY COUNCILS AND I CAN TELL YOU I CAN SEE WHAT'S GOING ON THAT AREA, IT'S THE ONLY PLACE IN PALM BAY YOU CAN GET TO THE WATERFRONT. TELL ME SOMEWHERE ELSE. YOU CAN GET TO THE WATERFRONT. THERE IS NOT A PLACE. YOU'VE GOT 50 FOOT LEDGES, 60 FOOT LEDGES ON BOTH SIDES OF US. ONE THE ONLY PLACE WE CAN GET TO THE WATERFRONT IN THE CITY OF PALM BAY IS IN THE BAYFRONT DISTRICT. THE ONLY DEVELOPMENT THEY CAN BRING TO EVER HAVE A HUB FOR CITY OF PALM BAY IS THE BAYFRONT DISTRICT. NOW IT'S GOING TO GET THERE. I CAN ASSURE YOU IT WILL BE. THERE MIGHT BE WAY PAST MY LIFETIME AND SOME OF US OTHERS, BUT THE BAYFRONT DISTRICT IS GOING TO GET DEVELOPED. IT'S GOING TO COME OUT SMELLING LIKE A ROSE. SO ALL WE'RE ASKING FOR IS A LITTLE BIT OF HELP TO GO DOWN THERE AND SPEND $50 MILLION AND BRING A LITTLE BIT MORE ENHANCEMENT. YOU KNOW WHY? BECAUSE JUST AS SOON AS WE SPEND $50 MILLION, SOMEBODY ELSE IS GOING TO SHOW UP AND SPEND A LITTLE BIT MORE AND A LITTLE BIT MORE. [00:55:02] AND THAT'S HOW THE DEVELOPMENT HAPPENS. IT HAPPENS LIKE EATING AN ELEPHANT, ONE LITTLE BITE AT A TIME. THAT'S ALL WE'RE ASKING, IS FOR YOUR CONSIDERATION. THANK YOU. THANK YOU, SIR. THE FLOOR IS NOW. CLOSE FOR PUBLIC COMMENTS IN THE CASE IS BROUGHT BACK TO THE BOARD. BOARD MEMBERS. DO YOU HAVE ANY FURTHER QUESTIONS OR EMOTION? MOTION TO APPROVE CP 23 0004. SECOND MOTION. A SECOND. ALL IN FAVOR? AYE, AYE, AYE. MOTION CARRIES UNANIMOUSLY THE COMPANION CASE. CPC 23 00003 MRS RAMOS SACHSE CPC 20 3-00003. ALSO A STEAMBOAT LANDING LLC AND GATEWAY MEDICAL PROPERTY. AND CURTIS MCKINNEY AND JAMES MAYS ARE HERE AS REPRESENTATIVES. IT'S LOCATED EAST OF AND ADJACENT TO DIXIE HIGHWAY, NORTHEAST IN THE VICINITY OF KIRKLAND ROAD, NORTHEAST AND BAY BOULEVARD NORTHEAST. THE PARCELS COMPRISE APPROXIMATELY 4.12 ACRES. THE CURRENT ZONING IS BMV, WHICH IS BAYFRONT MIXED USE VILLAGE AND 20 MULTIPLE FAMILY RESIDENTIAL DISTRICT. THE APPLICANT IS REQUESTING A REZONING FROM THE BAYFRONT MIXED USE VILLAGE AND RMB20 MULTIPLE FAMILY RESIDENTIAL TO BMU, WHICH IS THE BAYFRONT MIXED USE DISTRICT. AND THE RECOMMENDATION IS CASE CPC 23 00003 MEETS THE MINIMUM REQUIREMENTS FOR A REZONING AND STAFF RECOMMENDS FOR APPROVAL. THANK YOU VERY. RAMOS DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? SEEING NONE YEAH, THE APPLICANT LIKE TO COME TO THE PODIUM. YES, MA'AM. I'D LIKE TO TELL US. NO, I'M FINE. I'M TICKLED TO DEATH. I APPRECIATE AND THANK EVERY ONE OF YOU ALL FOR YOUR CONSIDERATION. WE REALLY DO. WE JUST WANT TO DO GOOD FOR THE COMMUNITY. WE WANT TO DO FOR THE TOWN. AND MOST OF ALL, LIKE ME AND MY PARTNER AND SOME OF OUR OTHER PARTNERS, WE'RE LOCAL. WE DON'T LIVE SOMEWHERE ELSE. WE'RE HERE. WE'RE OUR FAMILY'S HERE. MY GRANDKIDS ARE HERE. WE'RE ALL GOING TO STAY. WE'RE NOT GOING ANYWHERE. WE HAVE A VESTED INTEREST IN THE COMMUNITY. AND MOST OF ALL, I CAN'T REALLY SAY SHUT UP. BUT BASICALLY MOST OF ALL, PALM BAY HAS BEEN ONE OF THE AREAS THAT I'VE BEEN IN MOST OF MY LIFE, AND I AM TICKLED TO DEATH TO BE A PART OF ANYTHING THAT GOES ON IN THE CITY OF PALM BAY. AND I APPRECIATE ALL OF Y'ALL'S EFFORT THAT YOU ALL DO IN THE SITUATIONS THAT Y'ALL GET INTO RELEVANT TO THIS BOARD AND WHAT YOU AND JUST THE PROFESSIONALISM THAT I BRING TO IT. SO ME AND JIM ARE TICKLED TO DEATH THAT Y'ALL ARE CONSIDERING US. THANK YOU, SIR. THANK YOU, MA'AM. THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? OKAY. FOR THE RECORD, YOUR PREVIOUS COMMENTS ARE ON THE RECORD. IF YOU HAVE ANYTHING YOU WOULD LIKE TO SPEAK ON IN OPPOSED TO THIS REQUEST. ANYONE WISH TO SPEAK. YOU WANT GOING TO COME UP BECAUSE. YES, YOU HAVE TO COME TO THE PODIUM, SIR. THESE COMMENTS ARE ON THE RECORD. I JUST LIKE TO SAY THAT HE'S TALKING ABOUT MONEY AND PEOPLE LIKE US. YOU ARE TALKING ABOUT WHERE WE LIVE AND I HAVE NO PROBLEM WITH MONEY. BUT MY PROBLEM IS, IS THAT NO ONE HERE TONIGHT AND EXCUSE ME, BECAUSE I HAVE MET HIM BEFORE WE TALKED. OKAY. THANK YOU. I DON'T SEE WHERE THE SIDEWALKS ARE. I DON'T SEE WHERE THE ROADWAY IS GOING TO EXPAND SO PEOPLE CAN DRIVE OUT SAFELY. I'M SORRY, BUT I HAVE BEEN IN THIS WORLD LONG ENOUGH TO KNOW THAT IF YOU DON'T ADDRESS IT NOW, IT'LL. IT DOESN'T HAPPEN. AND I DON'T MEAN TO HAVE ARGUMENTS WITH ANYBODY, BUT I JUST WANT TO KNOW WHERE OUR RIGHTS ARE THAT WE LIVE IN THESE NEIGHBORHOODS. AND I HAVE SPOKEN TO THEM AT THE PREVIOUS MEETING. HOW ARE THE ROADS GOING TO BE? YOU GO INTO RIGHT AWAYS DOT WHOSE PROPERTY IT IS. I'M NOT IN THAT FACILITY TO KNOW THOSE THINGS. I ONLY COME HERE AND I ONLY BUY WHAT I READ. SO I DON'T THINK I'M WRONG BY IDENTIFYING THESE CONCERNS. NOW, TODAY YOU HAVE JUST OKAYED IT, BUT NO ONE HAS SHOWN THE PUBLIC WHERE THESE HOW THIS ROAD IS GOING TO WIDEN A LITTLE BIT SO WE DON'T GET KILLED. AND HE'S SAYING THAT HE LIVES HERE. WELL, HE DOESN'T LIVE THERE. AND THAT'S WHERE I LIVE. AND THESE ARE THE PEOPLE LIVE. AND THAT'S ALL WE'RE ASKING FOR. [01:00:01] SO WHEN THE COMMITTEE GIVES OKAY TO THIS, PLEASE ANSWER OUR QUESTIONS. WHERE IS THE THE RUNOFF TO COME OUT OF THESE PLACES AND GET ACROSS THE HIGHWAY? AND WHERE ARE THE LIGHTS? NO ONE'S TALKING ABOUT THAT. I'M SORRY, BUT IT'S A SIMPLE LITTLE THING. SHOW ME AND ALL OF US HOW IT AFFECTS US TO LIVE IN AN AREA THAT'S GOING TO BE DEVELOPED. AND HE'S RIGHT. I SEE IT. I KNOW WHAT HE'S TALKING ABOUT. IT'S COMING. BUT LET'S BUILD IT RIGHT? WHERE WHERE'S THE PEOPLE FROM? PUBLIC WORKS TO SIT HERE OR STAND HERE AND SAY THEY HAVE TO DO THIS ON THE RIGHT AWAY OR THEY HAVE TO DO THIS ON A BASICALLY IT'S WE'LL BUILD IT AND THEN WE'LL TAKE CARE OF THE PROBLEM LATER. AND THE PROBLEM LATER GOES TO 20 YEARS DOWN THE ROAD. AND THAT'S WHERE WE'RE AT NOW. AND I DON'T MEAN TO GET THE GENTLEMAN UPSET, BUT AGAIN, WE'LL GO BACK TO WHERE THE POLLS ARE. SO THIS IS WHAT I'M ADDRESSING RIGHT NOW. WHERE ARE THE ARTERIES TO GET THE TRAFFIC IN AND OUT? AND THAT'S NOT UP TO JUST TAXPAYERS. HIS HIS TAXES ARE COMING FROM HIS REVENUE, WHICH HE'S GOING TO MAKE. MY TAXES ARE COMING FROM MY POCKET AND I WANT US ALL TO PAY FOR THIS. THANK YOU VERY MUCH. SORRY IF I GOT ANYBODY UPSET TONIGHT. OKAY. THANK YOU FOR YOUR COMMENTS. ANYONE ELSE, MA'AM? I AGREE. EXCUSE ME. WOULD YOU STATE YOUR NAME FOR THE RECORD? ATHERTON. CASTAWAY CONDOMINIUMS. THANK YOU. I AGREE. YOU KNOW IT'S GOING TO COME. IT'S GOING TO HAPPEN. BUT WE DON'T HAVE THE INFRASTRUCTURE. WHEN IS THAT GOING TO HAPPEN? AFTER THEY PUT IN THE WONDERFUL THINGS THEY'RE GOING TO PUT IN. HAVE YOU BEEN DOWN TO THE POINT? HAVE YOU SEEN WHERE THEY WANT TO BUILD THIS? HE DOES HAVE THE AREA FOR THE MEMORY CARE. LIKE I STATED EARLIER, I'M NOT AGAINST THAT. BUT, YOU KNOW, IN FUTURE PHASE, HE WANTS TO PUT SOMETHING OUT ON THAT POINT. THERE'S NOT ROOM TO EXPAND THAT ONE LANE DIRT ROAD. AGAIN. HAVE YOU BEEN TO SEE WHERE HE'S BUILDING? THAT'S IT. ANYONE ELSE LIKE TO COMMENT? I'D LIKE TO CLARIFY A FEW THINGS. MY NAME IS DAVID GELLERSON FOR THE RECORD, DAVID GELLERSON AND I'M AT 3225 KIRKLAND ROAD NORTHEAST. MR. MCKINNEY MENTIONED THAT HE GAVE ME A LETTER SO THAT I COULD CALL THE POLICE, GIVEN ME AUTHORITY TO HAVE THEM REMOVE PEOPLE FROM THE PROPERTY THAT THEY WERE TRESPASSING ON. THAT LETTER WORKED ONE TIME AND THEN FROM THEN ON THE POLICE WOULD NOT ACCEPT IT. THEY SAID THEY HAVE TO HAVE IT FROM THE OWNER AND THE OWNER WON'T DO ANYTHING. SO THIS COULD BE VERY SIMPLY RESOLVED. IF THE POLICE TOLD ME THAT IF MR. MCKINNEY WOULD GO DOWN HERE AND FILE A BLANKET, NO TRESPASS ON THE PROPERTY, THAT WOULD GIVE THE POLICE THE AUTHORITY TO REMOVE ANYBODY FROM THE PROPERTY. THEY JUST DON'T HAVE THAT AUTHORITY RIGHT NOW. SO THAT'S IT, I THINK I THINK COULD BE VERY EASILY HANDLED IF MR. MCKINNEY WOULD JUST SO SHOW SOME CONCERN FOR THE NEIGHBORS THAT LIVE THERE THAT THIS IS IMPACTING. SO FAR, I HAVEN'T SEEN ANY CONCERN ON HIS PART. I HEAR PROMISES, BUT NEVER SEE ANY ACTION. THANK YOU. ANYONE ELSE WISH TO SPEAK. REVIEW. NO, SIR. THEY'RE NOT FINISHED. ONE MORE. SUSAN CONNOLLY 3901 DIXIE HIGHWAY CASTAWAY COVE. I THINK MR. MCKINNEY SAID IT. THAT'S THE ONLY PLACE THAT WE CAN GO TO GET TO THE WATER IS THAT LOCATION. THE ONLY PLACE. AND RIGHT NOW, THAT PLACE IS. HAS STRUCTURES. HAS PEOPLE. IS GOT DEVELOPMENT. AND IT'S CROWDED THERE NOW. AT THE VERY LEAST, IF THE DEVELOPMENT IS GOING TO HAPPEN. MORE DEVELOPMENT. [01:05:01] I WOULD LIKE TO HEAR THE DEVELOPERS SAY INSTEAD OF SAYING WE ARE MEETING THE CURRENT REQUIREMENTS, WE ARE DOING EVERYTHING THAT IS REQUIRED OF US TO. THINK FORWARD. THINK OF THE FUTURE. THINK OF HOW. WE CAN HAVE DEVELOPMENT AND ENVIRONMENT. AND PEOPLE AND WILDLIFE LIVE SIDE BY SIDE. WITH SPACE. SO. LET'S KEEP THAT AS A LOCATION WHERE PEOPLE. CAN COME. TO SEE THE WATER, TO SEE A BIRD, TO CATCH A FISH, TO LOOK AT THE SKY. ANY FURTHER. THE AUDIENCE. SEEING NONE. WOULD YOU LIKE TO RESPOND, SIR? I WAS JUST GOING TO RESPOND REAL FAST ABOUT HIS NOTIFICATION ABOUT THE LETTER FROM THE POLICE DEPARTMENT. WE HAVE FILED THAT, LIKE HE SAID, AT LEAST 3 OR 4 TIMES. IS THAT YOU OR ME? SORRY. YOU'RE FINE. MY SON'S GOT THE SAME RING. WE FILED THAT. WE FILED IT. WE FILED IT. I DON'T KNOW WHAT WE CAN DO TO RE FILE IT. WE'RE MORE THAN HAPPY TO REFILE IT, BUT THEY'RE SUPPOSED TO BE A BLANKET POLICY ON THE PROPERTY. WE'VE DONE THAT A LONG TIME AGO BECAUSE WE'VE BEEN GETTING NOTIFICATIONS FOR YEARS OF THE VIOLATIONS. AS FAR AS FOR WHAT WE'RE DOING DOWN THERE TO THE PROPERTY, RELEVANT TO THE INFRASTRUCTURE AND THE ROADS AND THE SIZES AND STUFF, ALL OF THAT IS AVAILABLE FOR EVERYONE TO LOOK AT WHEN THE DRAWINGS ARE SUBMITTED AND THEY'RE APPROVED. AND WE HAVE A MASSIVE GUIDELINE THAT WE HAVE TO MEET FOR THE CITY OF PALM BAY. IT HAS NOTHING TO DO WITH WHAT WE WANT TO BUILD. IT HAS TO DO WITH WHAT THIS BOARD WANTS US TO BUILD AND WHAT PLANNING AND DEVELOPMENT SAYS WE'RE GOING TO BUILD. AND I WANT THE PEOPLE THAT LIVE IN THE COMMUNITY TO UNDERSTAND. WE DON'T SAY YOU'RE GETTING A TINY DIRT ROAD. WE GAVE UP OUR PROPERTY TO BUILD A PROPER ENLARGED ROAD ASPHALTED IN OUR AREA. IT HAS NOTHING TO DO WITH THIS TINY DIRT ROAD THAT PASSES OUR PROPERTY. BUT FROM THERE ON THE EXISTING ROAD THAT'S THERE AND DIRT WILL REMAIN IN DIRT. BUT EVERYTHING UP TO THAT POINT, WE'VE GIVEN AWAY PROPERTY TO THE CITY OF PALM BAY AND TAKEN A LOSS TO MAKE THE ROADS BIGGER, SAFER AND MORE ACCESSIBLE FOR TRAFFIC IN AND TRAFFIC OUT. SAME WITH THE LIGHTS. WE'VE ALREADY WORKED FOR FDOT ABOUT THE LIGHTS AND THE TURNING LANES AND EVERYTHING THAT GOES UP THERE. ALL OF THESE PEOPLE ARE HOLDING OUR FEET TO THE FIRE. IT'S NOT SOMETHING THAT WE HAVE THIS OPTION OF AS A DEVELOPER TO JUST LIKE SKATE PASS. WE DON'T WE HAVE WE HAVE TO MEET THOSE THINGS EACH AND EVERY TIME. AND WHAT THE LADY WAS SAYING JUST THEN ABOUT WE LIVE IN THIS AREA. THIS IS THE ONLY AREA YOU CAN GET TO THE WATER. WHAT I MEANT TO EMPHASIZE WAS THERE'S ONLY A 1.7 MILE OF AREA IN PALM BAY THAT IF YOU'RE AN OWNER OF REAL ESTATE IN PALM BAY, WHICH I AM, I THINK MY PARTNER OWNS A NUMBER OF HOUSES AND LOTS IN PALM BAY. WE KNOW THAT THAT'S THE ONLY PLACE WE CAN GET DOWN LOW ENOUGH TO THE WATER. THAT'S ALL I MEANT TO EMPHASIZE. I DIDN'T MEAN TO EMPHASIZE IT THAT EVERYTHING'S GOING TO GO ON RIGHT THERE AND THAT WE'RE GOING TO TAKE EVERYTHING FROM THEM. AND IT'S NOT THE BIRDING AND THE VIEWING AND ALL THAT STUFF'S NOT GOING TO BE AVAILABLE. IT'S GOING TO BE AVAILABLE BASED ON WHAT WE'RE GOING TO BUILD. WE OFFER TO BUILD NEW DOCKS. WE OFFER TO BUILD NEW VISUAL PLATFORMS FOR THE PEOPLE. WE'VE BROUGHT A LOT OF AMENITIES TO THE TABLE, FENCING SIDEWALKS THROUGHOUT THE WHOLE FACILITY. WE DIDN'T CLOSE ANYTHING OFF FOR THE CITY OF PALM BAY RELEVANT TO THE PUBLIC, BE ABLE TO WALK IN AND AROUND TO ANY OF THE FACILITIES OR GO THROUGH THERE. SO WE'RE DOING OUR BEST TO COMPLY. I KNOW THAT EACH AND EVERY PERSON THAT LIVES IN THE COMMUNITY ACROSS THE STREET FROM US IS CONCERNED ABOUT HOW IT'S GOING TO ADVERSELY AFFECT US. WE ARE TRYING TO COMPLY WITH EVERYTHING THE CITY OF PALM BAY IS ASKING US TO COMPLY WITH WITHIN REASON, WITHIN REASON. BUT I THINK THEY'RE GOING TO SEE THE END RESULTS BE A LOT. NICER, A LOT MORE ENHANCED. AND A LOTS MORE. SOCIABLE FOR THEM TO MOVE IN AND AROUND THE COMMUNITY AND WITH THE PLANS OF THE CITY OF PALM BAY HAVE FOR THE CASTAWAY POINT THAT WE ARE SOME OF US ARE FAMILIAR WITH THAT'S GOING ON NOW. WE'RE ALL OF TO THE FARMER'S MARKET AND STUFF LIKE THAT. I DON'T THINK THAT THE CITY OF PALM BAY OR US EITHER ARE NOT DOING ANYTHING BUT ENHANCING THE AREA AND BRINGING MORE DIVERSITY FOR THE PEOPLE THAT LIVE IN THE COMMUNITY. [01:10:01] THANKS. THANK YOU, SIR. FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS AND THE CASE IS BROUGHT BACK TO THE BOARD. OR DO YOU HAVE ANY FURTHER QUESTIONS OR EMOTION? QUESTION. OKAY. MOTION TO APPROVE CPC 23 0003. YOU KNOW, THE TRUTH ABOUT THIS PROJECT IS THAT, FIRST OF ALL, THEY COULD ALREADY BUILD CONDOMINIUMS THERE. IT'S IT'S ALREADY ZONED FOR THAT. IT'S THE FUTURE LAND USE MAP IS IS ASSIGNED FOR THAT. BUT THE POINT IS AND YOU KNOW, PEOPLE WERE TALKING ABOUT ABOUT HOMELESS PEOPLE AND ENCAMPMENTS AND DRUG ACTIVITY AND ALL THOSE KIND OF STUFF AND WELL, THIS IS GOING TO IMPROVE THAT. AS FAR AS AS FAR AS THE ROADS GO, THEY PAY IMPACT FEES THAT THE CITY WILL HAS TO USE RIGHT IN THAT AREA TO IMPROVE THE ROADWAY. SO THOSE ARE ALL INFRASTRUCTURE IMPROVEMENTS THAT ARE GOING TO BE MADE AND THEY'RE GOING TO BE MADE POSSIBLE BY THIS TYPE OF DEVELOPMENT. AND I HAPPEN TO BE ALSO I ALSO HAPPEN TO BE A MEMBER OF THE BAYFRONT COMMUNITY REDEVELOPMENT REDEVELOPMENT AGENCY. AND THESE ARE THE TYPE OF DEVELOPMENTS THAT WE'VE BEEN FOR YEARS AND YEARS AND YEARS, BEEN TRYING TO TO TO GET IN THAT BAYFRONT AREA. I MEAN, A LOT OF THESE PEOPLE LIVE IN THAT CONDOMINIUM THERE. WELL, GUESS WHAT? BEFORE THAT CONDOMINIUM WAS BUILT, THE PEOPLE WHO LIVED IN THAT AREA WEREN'T REAL HAPPY ABOUT THAT EITHER. BUT THIS IS GOING TO BE GOOD FOR THE NEIGHBORHOOD. IT'S GOING TO BE GOOD FOR THE AREA. IT'S GOING TO IMPROVE THE INFRASTRUCTURE. THEY HAVE TO ABIDE BY ALL SORTS OF ENVIRONMENTAL RESTRICTIONS AND ENVIRONMENTAL LAWS AND ALL SORTS OF THINGS. SO ALL IN ALL, THIS IS A GOOD PROJECT AND THAT'S WHY I MADE THE MOTION TO APPROVE IT. HAVE A SECOND. SECOND. MOTION AND A SECOND. ALL IN FAVOR. HI. MOTION CARRIES UNANIMOUSLY. THANKS FOR NOTHING. THE NEXT CASE IS CP 23 00005 MRS BERNARD. I'LL HAVE A GREAT. I APOLOGIZE. GOOD. GOOD EVENING. ALEX BERNARD, PRINCIPAL PLANNER. THE CASE BEFORE YOU TONIGHT IS 23 0005. THE APPLICANT IS VISION 23, LLC, REPRESENTED BY HOLLY TANNER. THIS PROPERTY IS LOCATED EAST OF AND ADJACENT TO MAGNOLIA STREET, NORTHEAST IN THE VICINITY JUST NORTH OF PALM BAY ROAD. THIS, THE SIZE IS 0.38 ACRES AND THE REQUEST IS TO HAVE A FUTURE LAND USE MAP AMENDMENT FROM LOW DENSITY RESIDENTIAL. IT WAS PREVIOUSLY SINGLE FAMILY, BUT BECAUSE OF THE COMPREHENSIVE PLAN CHANGE TO TWO COMMERCIAL. UM, THE APPLICANT. I ALREADY DID ALL THAT. SO THE REQUEST IS AN EXPANSION OF THEIR GARDEN CENTER. AND THAT'S THE REQUEST. WHY? THEIR REQUEST IS BEFORE YOU THIS EVENING. THE CASE MEETS THE MINIMUM REQUIREMENTS OF A SMALL SCALE COMPREHENSIVE PLAN, FUTURE LAND USE MAP AMENDMENT, AND IS RECOMMENDED FOR APPROVAL. I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE AS WELL AS THE APPLICANT IS HERE AS WELL. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? SEEING NONE WITH THE APPLICANT LIKE TO COME FORWARD. GOOD EVENING. I'M HOLLY TANNER. 2300 AVOCADO AVENUE, MELBOURNE, FLORIDA. I OWN TANNER CONSTRUCTION, BUT I'M HERE TO REPRESENT THE OWNER OF VISION 43 LLC, ALEX XIA'S. VISION 43 IS A GARDEN CENTER AND ITS PRIMARY LOCATION IS LOCATED AT 2795 PALM BAY ROAD, JUST SOUTH OF THE PROPERTY BEING DISCUSSED. DURING THESE PAST TWO YEARS, THE BUSINESS HAS BEEN GROWING AND THAT IS THE REASON THAT HE HAS MADE THIS REQUEST TO CHANGE THE ZONING OF HIS PROPERTY FROM RESIDENTIAL TO COMMERCIAL SO THAT HE CAN EXPAND HIS BUSINESS. I WANTED TO JUST SHARE A COUPLE OF PHOTOGRAPHS THE OWNER HAD WANTED ME TO JUST TO SHOW YOU WHAT HE HAS CREATED AND IN TERMS OF HIS CURRENT SPACE. SO LET'S SEE. SO ORIGINALLY THIS IS IN REFERENCE TO THE PROPERTY THAT IS JUST SOUTH OF THE PROPERTY IN REFERENCE IS IT WAS A DILAPIDATED BUILDING. HE HAS MADE IMPROVEMENTS TO THIS AREA IN REGARDS TO IMPROVEMENTS OF THE BUILDING ITSELF AND ALSO INTERIOR AND ALSO IN TERMS OF THE SITE ITSELF, WHICH IS WHAT HIS INTENTION WILL BE TO CONTINUE THAT EXPANSION. [01:15:02] SO THIS IS JUST A BIRD'S EYE VIEW ALSO OF WHAT THIS PROPERTY OF CURRENTLY HIS BUSINESS IS LOOKING LOOKS LIKE. AND THAT IS HIS PLAN NOW INTO EXTENDING THAT NORTH INTO THAT ADJACENT PROPERTY. SO AS YOU CAN SEE, THESE PICTURES, HE'S MADE A SIGNIFICANT IMPROVEMENT AND CREATED A BEAUTIFUL AREA THAT ENHANCES BOTH THE PROPERTY AND THE LOCATION ITSELF WHERE HIS THE CLIENT'S NEIGHBORS AND THE COMMUNITY CAN ENJOY THIS AND I THINK BENEFIT FROM IN TERMS OF BEAUTIFICATION AND VALUE. SO THANK YOU ALL FOR YOUR CONSIDERATION. I TAKE ANY QUESTIONS IF YOU HAVE ANY. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS, MR. WEINBERG? YEAH. MISS TANNER? YES. THE OWNERS OF THIS PROPERTY. HE'S NOT LOOKING TO. TO EXPAND THE BUILDING ITSELF, IS HE? IS JUST LOOKING TO EXPAND THE GARDENING AREA. YES. IT'S ONLY THE GARDEN AREA. YES, THAT'S ALL IT IS. YES. OKAY. ANY OTHER QUESTIONS? THANK YOU. OKAY. THANK YOU. THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS. IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? HE OPPOSED. THANK YOU, SEEING NONE. IT'S BROUGHT BACK TO THE BOARD FOR FURTHER DISCUSSION OR A MOTION. MOTION TO APPROVE CP 23 0005. SECOND MOTION. AND A SECOND. ALL IN FAVOR? AYE, AYE, AYE. MOTION CARRIES UNANIMOUSLY THE COMPANION CASE. CPC 23 00004 MRS BERNARD. AND GOOD EVENING. THIS THIS IS THE COMPANION ZONING REQUEST AND IT IS ALSO FOR THE GARDEN CENTER EXPANSION FOR VISION 43 LLC WITH HOLLY TANNER REPRESENTING IT IS A ZONING AMENDMENT FROM RS THREE SINGLE FAMILY RESIDENTIAL DISTRICT TO HIGHWAY COMMERCIAL, AND IT IS APPROXIMATELY 0.38 ACRES AND THEY'RE LOOKING FOR COMMERCIAL AND STAFF IS HERE TO ANSWER ANY QUESTIONS THAT MEETS ALL THE PARAMETERS AND. STAFF IS HERE TO ANSWER ANY QUESTIONS AS WELL AS THE APPLICANT. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? SEEING NONE DO YOU HAVE ANYTHING FURTHER YOU'D LIKE TO ADD? OKAY. ANY COMMENTS FROM THE AUDIENCE? SEEING NONE IS BROUGHT BACK TO THE BOARD FOR A MOTION OR FURTHER DISCUSSION. A MOTION TO APPROVE CPC 23 00004 SECOND. MOTION. AND A SECOND. ALL IN FAVOR? AYE, AYE. MOTION CARRIES UNANIMOUSLY. NEXT CASE. T 23 00010 MRS BERNARD. GOOD EVENING. THIS IS CASE T 23 00010. THE APPLICANT, CHELSEA ANDERSON IS HERE AND THE REQUEST IS A TEXTUAL AMENDMENT TO THE CODE OF ORDINANCES IN CHAPTER 185IN GENERAL COMMERCIAL USE TO AMEND TO A TO AMEND THE CONDITIONAL USES TO ALLOW FOR CAR WASHES AS A CONDITIONAL USE IN GENERAL COMMERCIAL. THEY ARE CAR WASHES ARE CURRENTLY ALLOWED AS CONDITIONAL USES IN CC AND SO THIS WILL BRING SOME CONSISTENCY TO OUR CODE. IN ADDITION, CHELSEA IS ALSO HERE TO ANSWER ANY QUESTIONS AS I AM AS WELL. WARNER HAVE ANY QUESTIONS FOR STAFF? SEEING NONE. APPLICANT. HI, GOOD EVENING. CHELSEA ANDERSON 1530 US HIGHWAY ONE ROCKLEDGE, FLORIDA 32955. I'M ACTUALLY THE AGENT HERE ON BEHALF OF THE APPLICANT ROYAL WALSH PSL LLC, AND WE ARE REQUESTING THE CODE TEXTUAL AMENDMENT, AS STAFF SAID, AND STAFF DID A GREAT JOB WITH THE STAFF REPORT. VERY THOROUGH. THIS IS ALREADY AN EXISTING ALLOWABLE CONDITIONAL USE IN HIGHWAY, COMMERCIAL AND COMMUNITY COMMERCIAL. WE'RE REQUESTING TO ADD IT TO GENERAL COMMERCIAL. WE WILL HAVE A COMPANION APPLICATION. WE HAVE SUBMITTED IT FOR CONDITIONAL USE FOR A SPECIFIC PROPERTY. SO WE'LL BE SEEING YOU AGAIN NEXT MONTH, HOPEFULLY. AND I'M HERE FOR ANY QUESTIONS. THANKS. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? SEEING NONE. LAURA IS NOW OPEN FOR PUBLIC COMMENTS. ANYONE WISHING TO SPEAK ON THIS REQUEST? ELEMENTS. THE FLOOR IS NOW BROUGHT BACK TO THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS AND THE CASE IS BROUGHT BACK TO THE BOARD. DO I HAVE A MOTION? YEAH. PERSONALLY, I'D RATHER SEE CAR WASHES IN GENERAL COMMERCIAL RATHER THAN COMMUNITY COMMERCIAL, BUT SO THIS JUST ALLOWS THAT AS A TEXTUAL AND AS A CONDITIONAL USE. [01:20:01] SO MOTION TO APPROVE T 23 000 TEN. THE SECOND. ALL IN FAVOR? AYE, AYE. MOTION CARRIES UNANIMOUSLY. NEXT CASE. 23 00012. CARDIGAN. GOOD EVENING. THIS IS CASE T 23 00012 CONDITIONAL USES FOR THE CITY OF PALM BAY. THIS IS DRIVEN BY STAFF AND IT IS A REQUEST FOR A TEXTUAL AMENDMENT TO THE CODE OF ORDINANCES LAND DEVELOPMENT CODE 185 IN REGARDS TO CONDITIONAL USES TO INCORPORATE A NEW SECTION 185.089 FOR CONDITIONS GOVERNING APPLICATIONS, AND IT WOULD REPEAL SECTION 185 202 AND GOVERN THE WAY APPLICATIONS AND PROCESSES ARE HANDLED. WHAT STAFF HAS FOUND IS THAT CONDITIONAL USES RIGHT NOW THEY PUT CITY COUNCIL PUTS A TIME LIMIT ON IT THAT THEY SAY OKAY ONE YEAR AND THAT THAT IS PART OF WHAT THEY DO. BUT IT IS NOT WRITTEN ANYWHERE IN OUR CODE. SO THIS IS TO BRING CORRECTION TO THAT. YOU AS THE BOARD HAVE ANY QUESTIONS FOR STAFF? I. SO COULD YOU REPEAT THAT? YOU'D LIKE STAFF TO EXPLAIN THE BENEFITS. SO THIS WILL PROVIDE GUIDELINES ACTUALLY IN OUR CODE OF ORDINANCES FOR HOW CONDITIONAL USES SHOULD BE FURTHER REGULATED. SO FOR THIS. YEAH, FOR THIS APPLICATION. WHAT'S COMING FORWARD TO YOU IS SOME LANGUAGE THAT USUALLY IS IN OUR RESOLUTIONS FOR HOW LONG? A CONDITIONAL USE IS ACTUALLY SOMETHING THAT IS AFFILIATED WITH THE PROPERTY FOR UNTIL THE USE IS IMPLEMENTED. AND THE WAY IT'S CURRENTLY WRITTEN, IT SAYS IT COMMENCES AT THE SAME TIME THAT IT RECEIVES DEVELOPMENT PLAN APPROVAL OR A BUILDING PERMIT, FOR INSTANCE, WHICH IS TYPICALLY LONGER THAN ONE YEAR. SO WE'VE CHANGED THAT TIME PERIOD TO TWO YEARS TO ACCOUNT FOR HOW LONG A TRADITIONAL DEVELOPMENT WILL GO THROUGH THAT PROCESS AND ALLOW FOR POTENTIAL EXTENSIONS. THIS JUST CODIFIES THAT PROCESS WHERE IT WAS ALLUDED TO IN RESOLUTIONS, BUT WE WANTED TO FIX SOME OF THAT LANGUAGE AND THEN MAKE SURE IT WAS IN THE CODE. SO THERE WAS A REFERENCE POINT FOR APPLICANTS TO KNOW HOW LONG THAT EXPIRATION DATE WAS FOR. I. YES, THAT'S CORRECT. HERE. OTHER QUESTIONS. UH, THIS. CAN YOU TELL ME ON PAGE 219, IT LISTS THE CODE AND THE ORDINANCE, AND THEN IT'S REPEATED ON 221. IS THERE ANY CHANGE IN THOSE TWO? I COULDN'T SEE ANY DIFFERENCE IN THE. IS IT JUST A DUPLICATION ON 219? PAGE 219 LISTS THE. CHAPTER 185, 89, AND THEN AGAIN ON PAGE 221, THE SAME THING IS LISTED. IS THERE ANY CHANGE IN THAT OR IS IT JUST A DUPLICATION? UM, I AM NOT SURE. I DIDN'T KNOW IF WE WERE LOOKING AT TWO DIFFERENT THINGS. WE'RE REPEALING 202 SECTION 202 AND AND WEAVING IT INTO 0.89. AND IN IN 221, ITEM B HAS CROSS-OUTS IN IT WHERE THE CITY SHOULD PRESCRIBE A TIME INSTEAD OF THE CITY COUNCIL PRESCRIBING A TIME LIMIT. IT'S GOING TO BE CODIFIED. SO. EXACTLY. SO THERE IS A DIFFERENCE IN THOSE TWO. YES, A SMALL DIFFERENCE. THE OTHER QUESTIONS. YOU IS NOW OPEN FOR PUBLIC COMMENTS. WOULD ANYONE LIKE TO SPEAK ON THIS REQUEST? THEN IT'S BROUGHT BACK TO THE BOARD. DO I HAVE A MOTION? YES. MOTION MOTION TO APPROVE T 23 000 12. SECOND MOTION A SECOND FROM. OKAY. ALL IN FAVOR? AYE, AYE, AYE. MOTION CARRIES UNANIMOUSLY. LAST CASE T 23 00004. MR. ANDERSON. [01:25:04] GOOD EVENING. JESSE ANDERSON, ASSISTANT DIRECTOR OF GROWTH MANAGEMENT. BEFORE YOU TONIGHT, OUR FINAL CASE IS T 20 3-00004. THE APPLICANT IS THE GROWTH MANAGEMENT DEPARTMENT FROM THE CITY OF PALM BAY. THIS APPLICATION WOULD BE IMPLEMENTED CITYWIDE. THE AMENDED SECTION IN QUESTION IS FOR CITY OF PALM BAY'S CODE OF ORDINANCES, TITLE 17 LAND DEVELOPMENT CODE CHAPTER 185 ZONING CODE SECTION 185 .202. THAT IS NOT CORRECT. YES, IT IS. SORRY. TO ESTABLISH FACTORS OF ANALYSIS FOR THE PLANNING AND ZONING BOARD. THE PROPOSED TEXTUAL AMENDMENT WILL CODIFY LANGUAGE THAT ESTABLISHES FACTORS OF ANALYSIS REQUIRED FOR THE PLANNING AND ZONING BOARD TO CONSIDER WHEN MAKING RECOMMENDATION ON AMENDMENT REQUESTS TO CITY COUNCIL. AND I'M SURE AS YOU GUYS BEING THE PLANNING AND ZONING BOARD, YOU'RE KIND OF WONDERING WHAT YOUR ROLE IS IN THAT PROCESS. SO TO ALLEVIATE THAT CONCERN, WHAT THAT DOES MEAN IS WE HAVE AN INTENTION THAT THE CODIFIED LANGUAGE IS SOMETHING THAT APPLICANTS WILL RESPOND TO AND THEN STAFF WILL ANALYZE THAT INSIDE OF THE STAFF REPORT. SO THAT'S WHAT YOU'RE GOING TO BE REVIEWING IN PART IN PART AND PARCEL OF YOUR STAFF REPORT BEFORE COMING HERE. SO IT'S JUST ADDED LANGUAGE THAT WILL PREPARE YOU BETTER FOR YOUR DECISION MAKING AND WHAT YOU'LL BE RECOMMENDING TO CITY COUNCIL GOING FORWARD. IT MAKES YOU ALL MORE INFORMED, WHICH AND VICE VERSA, ALSO MAKES COUNCIL MORE INFORMED IN THEIR DECISION MAKING AS WELL. SO THE CONSIDERATION OF THESE FACTORS WILL RESULT IN A MORE THOROUGH ANALYSIS OF REQUESTS TO ENSURE THAT THEY COMPLY WITH AND FURTHER INITIATE THE PERTINENT FLORIDA STATUTES, THE COMPREHENSIVE PLAN AND ANY SUPPORTING STRATEGIC PLANS IN THE LAND DEVELOPMENT CODE. EXAMPLES OF TOPICAL AREAS CONSIDERED WITHIN THESE FACTORS OF ANALYSIS ARE LOCAL ECONOMIC IMPACTS, ENVIRONMENTAL IMPACTS, LAND USE, COMPATIBILITY AND CONSISTENCY AND PUBLIC AND PUBLIC HEALTH AND WELFARE. THE ADOPTION OF THESE FACTORS OF ANALYSIS, AGAIN, AS I MENTIONED, WILL ASSIST COUNCIL AS WELL AS YOURSELVES IN MAKING SURE THAT WE MAKE PROPER PLANNING DETERMINATIONS FOR GOING FORWARD IN TERMS OF OUR LAND USE AND ESPECIALLY OUR ENTITLEMENT PROCESS WITH OUR ZONING REGULATIONS AS WELL. SO CASE NUMBER T 23 0004 MEETS THE MINIMUM CRITERIA FOR A TEXTUAL AMENDMENT AND STAFF DOES RECOMMEND THE PROPOSED TEXTUAL AMENDMENT FOR APPROVAL AND WE ARE AVAILABLE FOR ANY QUESTIONS. THANK YOU. MR. ANDERSON IS BOARD HAVE ANY QUESTIONS FOR STAFF? SEEING NONE. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS REQUEST? NO PUBLIC COMMENTS. THANK YOU, MR. ANDERSON. THE FLOOR IS NOW CLOSED AND THE CASE IS BROUGHT BACK TO THE BOARD. OR DO I HAVE FURTHER DISCUSSION OR A MOTION? MOTION TO APPROVE T23 00004. WE HAVE A SECOND? YES, MISS MCLEAN. OKAY. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE. AYE. MOTION CARRIES UNANIMOUSLY. THAT CONCLUDES THE PLANNING AND ZONING BOARD. WE'RE DISMISSED. WE'RE OVER. * This transcript was compiled from uncorrected Closed Captioning.