[00:00:01]
ALL RIGHT FOLKS WE'RE GOING TO GO AHEAD AND GET STARTED. MARCH 18, 2019 MEETING
[CALL TO ORDER]
OF THE PLANNING AND ZONING BOARD IS CALLED TO ORDER. EVERYONE PLEASE RISE AND FACE THE FLAG RAINER WILL LEAD US IN THE PLEDGE OF ALLEGIANCE. CHANDRA, WILL YOU CALL THE ROLL PLEASE. YES. MS. [INAUDIBLE].HERE. MS. JORDAN. PRESENT. MS. MARAGH. PRESENT MR. WARNER. PRESENT. MR. WEINBERG. HERE MR. FELIX. HERE. AND OUR BOARD ATTORNEY MR. JAMES STOKES IS PRESENT WE DO HAVE A QUORUM.
THANK YOU CHANDRA. FOR THE BENEFIT OF THE PUBLIC WE HAVE A LITTLE HOUSEKEEPING TO DO
[OTHER BUSINESS]
BEFORE WE GET TO ANY OF THE CASES. IT'LL JUST TAKE A FEW MINUTES. FOR THE BOARD WE ARE GOING TO MOVE THE AMENDMENT TO THE PLANNING AND ZONING BYLAWS UNDER OTHER BUSINESS BEFORE WE BEGIN. HAS EVERYONE HAD A CHANCE TO READ THE CHANGES TO OUR BYLAWS? YES. ANYBODY HAVE ANY QUESTIONS? OKAY. I NEED A MOTION TO APPROVE THE AMENDMENT TO THE PLANNING AND ZONING BOARD BYLAWS. SO MOVED. SECOND. MOTION AND A SECOND.ANY FURTHER DISCUSSIO? ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUSLY. OUR OTHER ITEM IS TO ELECT A NEW VICE CHAIR AS YOU ALL KNOW WENDELL IS
[ELECTION OF VICE CHAIRMAN]
NO LONGER WITH US SO I HAVE BECOME CHAIRMAN FOR THE NEXT YEAR TO COMPLETE HIS TERM AND THEREFORE WE NEED A NEW VICE CHAIR TO COMPLETE THE ONE YEAR TERM THAT I VACATED AND KEEP IN MIND THAT THE NEW VICE CHAIR WILL TAKE OVER AS CHAIRMAN IN ONE YEAR. DO WE HAVE ANY NOMINATIONS? I'D LIKE TO NOMINATE MS. LEETA JORDAN VICE CHAIR. WE HAVE A NOMINATION, DO WE HAVE A SECOND? SECOND SECOND BY RAINER. ANY FURTHER DISCUSSION, ANY OTHER NOMINATIONS? NONE. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUSLY. CONGRATULATIONS LEETA. FIRST ORDER OF BUSINESS IS THE ADOPTION OF[ADOPTION OF MINUTES]
MINUTES. MR. CHAIRMAN BEFORE WE GET TO THE ADOPTION OF THE MINUTES, THERE'S TWO OTHER HOUSEKEEPING ITEMS THE CHAIRPERSON WILL NEED TO [INAUDIBLE] THE RECORD FORM 8B, MR. STRODERD FILLED OUT IN RECUSING HIMSELF FROM THE PREVIOUS VOTE. UNDERSTOOD. FOR CASE CU-2-2019. THE OTHER ONE IS THERE WAS AN OVERSIGHT ON WHO'S TO APPROVE THAT ONE. SO THAT ONE NEEDS TO BE DONE BEFORE. I HAVE THAT WRITTEN DOWN. OK. THANK YOU PATRICK. AS I WAS SAYING WE NEED A MOTION TO ADOPT THE MINUTES ADDRESSING THE FACT THAT WENDALL STRODERD FILLED OUT A FORM 8B RECUSING HIMSELF FROM CASE CU-2- BECAUSE YOU DID SOME WORK FOR THE DEVELOPER AND TO CHANGE THE MINUTES WHERE IT SAYS THAT MR. WEINBERG RECUSED HIMSELF TO MR. STRODERD RECUSED HIMSELF.SO WE HAVE THAT MOTION PLEASE. MOTION TO ADOPT THE MINUTES WITH THE CHANGES NOTED.
WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION SEEING NONE. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUSLY. FOR THE BENEFIT OF THE PUBLIC
[ANNOUNCEMENTS]
THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF SEVEN MEMBERS ALL MEMBERS OF THE BOARD ARE UNPAID VOLUNTEERS APPOINTED BY THE CITY COUNCIL.OUR PROCEDURES ARE AS FOLLOWS THE GROWTH MANAGEMENT STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE. BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF. THE APPLICANT OR THEIR REPRESENTATIVE WILL THEN BE ASKED TO COME TO THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE AND TO ANSWER ANY QUESTIONS FROM THE BOARD. THE FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENTS. WE 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 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 ASK THAT IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS YOU INFORMALLY APPOINT A SPOKESMAN TO CLARIFY YOUR VIEWS AFTER PUBLIC COMMENTS I WILL BRING THE CASE BACK TO THE BOARD AT THIS TIME THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS FROM THE PUBLIC WILL BE HEARD. I WILL THEN CALL FOR A MOTION AND A SECOND AT WHICH TIME THE BOARD MAY HAVE ADDITIONAL COMMENTS OR FURTHER DISCUSSION. I WILL THEN CALL FOR A VOTE.
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DECISIONS THAT THE PLANNING AND ZONING BOARD ARE THEN FORWARDED TO THE CITY COUNCIL FOR FINAL DISPOSITION. THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION. PATRICK FIRST CASE PLEASE. YES MR. CHAIRMAN THE FIRST CASE ON THE[NEW BUSINESS]
AGENDA TONIGHT IS CU-2-2019 CACATION FINANCE LLC. FOR A LITTLE BACKGROUND ON THIS PROPERTY SUBJECT PROPERTY WAS ANNEXED INTO THE CITY OF PALM BAY IN AUGUST OF 2005. IN THAT SAME YEAR THE COMPREHENSIVE PLAN FUTURE LAND USE WAS AMENDED FROM RESIDENTIAL ONE USE OF BREVARD COUNTY DESIGNATION TO PALM BAY SINGLE FAMILY RESIDENTIAL USE. IN 2014 A REQUEST TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL SUBDIVISION OF SEVENTY SEVEN LOTS CALLED PALM ISLAND WAS APPROVED BY CITY COUNCIL.DUE TO MARKET CONDITIONS LAND WAS NOT DEVELOPED SUBJECT PROPERTY IS CURRENTLY UNDEVELOPED LAND LOCATED SOUTH OF AND ADJACENT TO MALABAR ROAD SOUTHWEST.
APPROXIMATELY ONE HALF MILE EAST OF THE ST. JOHN'S HERITAGE PARKWAY NORTHWEST. THE PROPERTY CONTAINS APPROXIMATELY 32.8 ACRES. LET ME FLIP OVER SO EVERYONE CAN READ ALONG. ANALYSIS PER CHAPTER 183 COMPREHENSIVE PLAN REGULATIONS SECTION 183.01 B THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF LAND AND RESOURCES TO PROMOTE THE HEALTH SAFETY AND WELFARE OF THE COMMUNITY. ITEM ONE. FUTURE LAND USE ELEMENT COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT POLICY FLU 3 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. THE COMPREHENSIVE PLAN AND FUTURE LAND USE ELEMENT OBJECTIVE FLU 3.1 IS TO PROVIDE ADDITIONAL COMMERCIAL AREAS BY TYPE SIZE AND DISTRIBUTION BASED UPON AREA NEED AND AVAILABILITY OF SUPPORTING INFRASTRUCTURE. A COMPREHENSIVE PLAN AND FUTURE LAND USE ELEMENT OBJECTIVE FLU 3.1A IS TO ENSURE THAT THE ACREAGE OF COMMERCIAL LAND PERMITTED BY THE FUTURE LAND USE MAP SHALL NOT EXCEED PROJECTED NEEDS.
THE PROPOSED COMPREHENSIVE PLAN AND FUTURE LAND USE AMENDMENT WILL BE COMPATIBLE TO CITIES OBJECTIVES AND POLICIES LISTED ABOVE BY DESIGNATED LAND OF COMMERCIAL USE. THERE IS A SEVERE LACK OF COMMERCIAL IN THE WEST END OF MALABAR ROAD A TWO AND HALF MILE SEGMENT FROM JUPITER TO THE PARKWAY WHICH CREATES AN IMBALANCE IN THE RATIO OF COMMERCIAL TO RESIDENTIAL USES THE SUBJECT PROPERTY WILL HELP TO PROVIDE FUTURE COMMERCIAL NEEDS FOR THE GROWING POPULATION OF THE IMMEDIATE AND GENERAL VICINITY. IN AN EFFORT TO ADDRESS COMPATIBILITY WITH SURROUNDING RESIDENTIAL USES THE APPLICANT HAS OFFERED SELF-IMPOSED CONDITIONS OF FUTURE DEVELOPMENT IN THE FORM OF BUFFERING REQUIREMENTS. PER THE ATTACHED BUBBLE PLAN AND SUPPLEMENTAL ANALYSIS A 100 FOOT DEEP PRESERVATION BUFFER SHALL BE PROVIDED FOR WHICH NO DEVELOPMENT BUILDINGS PARKING RETENTION ETC. SHALL TAKE PLACE. THIS BUFFER SHALL PRESERVE THE EXISTING VEGETATION AND ACTS AS A SPATIAL AND OR VISUAL BUFFER TO THE EXISTING RESIDENTS SOUTH OF THE SUBJECT PROPERTY. IN ADDITION TWENTY FIVE FOOT DEEP BUFFERS SHALL BE PROVIDED ALONG THE EAST AND WEST SIDES OF THE PROPERTY TO HELP SCREEN FUTURE COMMERCIAL STRUCTURES. THESE BUFFERS SHALL BE MADE CONDITIONS OF THE APPROVAL OF THE FUTURE LAND USE AMENDMENT. TWO COASTAL MANAGEMENT ELEMENT. SUBJECT PROPERTY IS NOT LOCATED WITHIN THE COASTAL HIGH HAZARD AREA.
CONSERVATION ELEMENT. THE ENVIRONMENTAL CHARACTER OF THE CITY IS MAINTAINED THROUGH CONSERVATION APPROPRIATE USE AND PROTECTION OF NATURAL RESOURCES. THE PARCEL IS NOT LOCATED WITH ANY OF THE FLORIDA SCRUB JAY POLYGONS IDENTIFIED ON THE CITY'S HABITAT CONSERVATION PLAN. NO ADDITIONAL LISTED SPECIES ARE KNOWN TO INHABIT THIS PUBLIC PROPERTY. ANY LISTED SPECIES IDENTIFIED IN THE SUBJECT PARCEL WOULD NEED TO BE MITIGATED FOR AS REQUIRED BY STATE AND FEDERAL REGULATIONS AND PER COMPREHENSIVE PLAN POLICY CON 1.7B. RECREATION. THE PROPOSED FUTURE LAND USE AMENDMENT TO COMMERCIAL USE HAS NO EFFECT ON THE PARKS AND RECREATION LEVEL OF SERVICE STANDARDS NOR DOES IT PLACE ANY DEMAND ON SUCH SERVICES. ITEM 4, HOUSING ELEMENT. THE PROPOSED FEATURE LAND USE AMENDMENT DOES NOT ADVERSELY IMPACT THE SUPPLY AND VARIETY OF SAFE DECENT ATTRACTIVE AND AFFORDABLE HOUSING WITHIN THE CITY. ITEM 5. INFRASTRUCTURE CAPITAL IMPROVEMENTS ELEMENT THE CITY EVALUATES PRESENT AND FUTURE WATER SEWER DRAINAGE AND SOLID WASTE AND ASSESSES THE ABILITY OF INFRASTRUCTURE TO SUPPORT DEVELOPMENT. UTILITIES FUTURE LAND USE CHANGE WILL NOT CAUSE A LEVEL OF SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE COMPREHENSIVE PLAN FOR THESE SERVICES FOR THE CURRENT PLANNING PERIOD. A 20 INCH WATER DISTRIBUTION LINE IS LOCATED ALONG THE NORTH SIDE OF MALABAR ROAD AND A 16 INCH SEWER COLLECTION LINE IS LOCATED ON THE SOUTH SIDE OF MALABAR ROAD. THEREFORE POLICY FLU 3.1 B WHICH IS ADEQUATE ACCESS TO WATER AND SEWER SERVICE IS MET. DRAINAGE STORM WATER DRAINAGE AND TREATMENT SYSTEM WILL BE REQUIRED FOR DEVELOPMENT AND APPROVED BY THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT.
[INAUDIBLE] WATER CONTROL DISTRICT PERMITS WILL BE REQUIRED IF THE SYSTEM OUT FALLS INTO THE ADJACENT CANAL. THIS STORMWATER SYSTEM WILL ALSO BE REVIEWED BY THE CITY AND APPROVED DURING THE ADMINISTRATIVE SITE PLAN REVIEW PROCESS.
[00:10:03]
ANY DEVELOPMENT OF THE SUBJECT PROPERTY WOULD ALTER THE PRESENT SITE CONDITIONS AS THE PROPERTY IS CURRENTLY UNDEVELOPED AND THEREFORE WOULD HAVE SOME IMPACT. A SIGNIFICANT PORTION OF THE PROPERTY IS LOCATED WITHIN FLOOD ZONE AE SPECIAL FLOOD HAZARD AREA. A CONDITIONAL LETTER OF [INAUDIBLE] REVISION BASED ON FILL REQUIREMENTS WILL BE REQUIRED PRIOR TO SITE DEVELOPMENT. ITEM SIX INTERGOVERNMENTAL COORDINATION ELEMENT. PUBLIC SCHOOLS. THE PROPOSED FUTURE LAND USE AMENDMENT TO COMMERCIAL USE WILL NOT ADD HOUSING UNITS. NO ADVERSE IMPACTS TO THE PUBLIC SCHOOL SYSTEM ARE ANTICIPATED. ITEM SEVEN TRANSPORTATION ELEMENT. THE OBJECTIVES OF THE 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 AT THE TIME OF PROPOSED DEVELOPMENT A TRAFFIC IMPACT STUDY WILL REQUIRED TO EXAMINE ANY NECESSARY IMPROVEMENTS TO MALABAR ROAD. IN SUMMARY THE INFORMATION CONTAINED IN THIS REPORT SHOULD PROVIDE THE PLANNING AND ZONING BOARD AND CITY COUNCIL WITH INFORMATION TO DETERMINE THE NEED AND JUSTIFICATION FOR THE CHANGE THE EFFECT OF THE CHANGE ON THE SUBJECT AND SURROUNDING PROPERTIES AND THE RELATIONSHIP OF THE PROPOSED AMENDMENT TO FURTHERING THE PURPOSES OF THE COMPREHENSIVE PLAN. STAFF RECOMMENDATION MOTION TO APPROVE CASE CP-2-2019 WITH THE CONDITIONS PROVIDED BELOW AND TO TRANSMIT THE REQUEST TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW PURSUANT TO CHAPTER 163 FLORIDA STATUTES. THE THREE CONDITIONS THAT WOULD BE PLACED UPON THIS REQUEST ARE ACCESS TO THE SITE SHALL BE FROM MALABAR ROAD SOUTHWEST ONLY THERE SHALL BE A 100 FOOT DEEP PRESERVATION BUFFER ALONG THE SOUTHERN PROPERTY LINE OF THE SUBJECT PROPERTY AND THERE SHALL BE TWENTY FIVE FOOT WIDE PRESERVATION BUFFERS ALONG THE EAST AND WEST SIDES OF SUBJECT PROPERTY. HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE THE APPLICANT IS IN ATTENDANCE. THANK YOU PATRICK DOES THE BOARD HAVE ANY QUESTION FOR STAFF? IN THE COMMUNITY COMMERCIAL DISTRICT. SO THERE'S IT'S LIKE RETAIL STORES, PERSONAL SERVICE ESTABLISHMENTS THAT TYPE OF THING. THAT'S CORRECT. WHAT ABOUT LIKE AUTOMOTIVE SERVICES AND REPAIR SHOPS. REPAIR SHOPS, JUST LIKE ENGINE REPAIR TIRE REPAIR WHAT HAVE YOU WOULD BE ALLOWED ANY KIND OF BODY SHOPS OR SPRAY BOOTHS WOULD REQUIRE CONDITIONAL USE APPROVAL FROM CITY COUNCIL.OF THE ROAD ON THAT SECTION. SUCH AS. SUCH AS FOUR LANING IT. FOUR LANING THAT PART OF THE ROAD WHERE THAT PROJECT IS GOING IN OR IS THAT GOING TO BE ANY KIND OF REQUIREMENT ON THE DEVELOPER TO PUT IN FOUR LANES IN THAT SECTION. THE DEVELOPER WOULD NOT BE REQUIRED TO FOUR LANE THE SECTION OF THE ROAD. THE CITY DOES HAVE PLANS THAT THEY ARE WORKING ON TO FOUR LANE. WE'RE ALSO WORKING ON ACQUIRING ADDITIONAL RIGHT A WAY NEEDED TO FOUR LANE THAT. OF COURSE THE BIG THING IS ALWAYS HAVING THE MONEY TO DO THAT PROJECT. THAT'S THE THING THAT'S REALLY CAUSING THAT TO DELAY A LITTLE. WHEN THE TRAFFIC STUDY IS SUBMITTED BASED ON THE BUILDOUT OF THE SITE THEY WOULD NEED TO EXAMINE WHAT TYPE OF ROADWAY IMPROVEMENTS THEY WOULD NEED. SO IF IT'S DEDICATED LEFT TURN LANE WHICH WE'RE ANTICIPATING IN THERE THEN THEY WILL NEED TO GIVE UP THE ADDITIONAL RIGHT A WAY AND PUT THAT LEFT LANE STILL HAVE A BYPASS LANE GOING THROUGH THAT. SO THERE WOULD BE SOME MODIFICATIONS MOST LIKELY TO THAT SECTION ALONG THAT ROAD BUT THE DEVELOPER WOULD NOT BE REQUIRED TO FOUR LANE THAT ROAD. EITHER WAY WE GOT SOMETHING IN PLAN WHERE THAT ROAD CAN POSSIBLY BE FOUR LANED. ABSOLUTELY AND ANY COMMERCIAL USES THAT TAKE PLACE IN THE FUTURE WOULD BE REQUIRED TO PAY THEIR TRANSPORTATION IMPACT FEES AND THOSE FEES WOULD GO TOWARDS THAT FOUR LANING. ANY OTHER QUESTIONS? ONE QUICK QUESTION. NEAT THAT YOU JUST MENTIONED THAT PATRICK DO WE NEED TO PUT THAT IN THE CONDITIONS OR IT IS UNDERSTOOD THAT ONCE THE TRAFFIC STUDY IS DONE. BECAUSE IF YOU'RE PLANNING IN THE FUTURE TO EXPAND. DO THEY NEED TO GIVE UP THE ROAD NOW OR IN THE FUTURE ONCE THEY'RE? ONCE THE PROPERTY SUBMITS FOR DEVELOPMENT THAT'S WHEN THE PUBLIC WORKS DEPARTMENT WILL REQUEST THE RIGH AWAY THEY NEED OFF THE SOUTH SIDE. TYPICALLY THE CITY HAS BEEN REQUESTING ABOUT 46 FEET ALONG THE SOUTHERN PORTIONS TO PUT TOWARDS THE FULL AMOUNT NEEDED TO WIDEN TO FOUR LANES AND THERE'S USUALLY A TRANSPORTATION IMPACT FEE AGREEMENT THAT GOES INTO THAT BECAUSE WE CAN'T JUST TAKE THE RIGHT AWAY. SO THERE IS A TRADEOFF. BUT THAT'S THAT'S DONE AT DEVELOPMENT NOT AT A ZONING [INAUDIBLE]. ANY OTHER QUESTIONS? AS FAR AS THIS ONE HUNDRED FOOT DEEP PRESERVATION BUFFER ALONG THE SOUTHERN PROPERTY LINE CAN YOU. CAN WE CHANGE THAT? I KNOW THAT THEY ARE UNDER THE ORDINANCE THEY CAN. IT'S EITHER LIKE A WALL OR SOMETHING LIKE THAT OR SOME KIND
[00:15:02]
OF BUFFER. CORRECT? CAN WE MAKE IT MORE THAN 100 FEET. AND ASK THEM IF THEY WOULD AGREE TO THAT. I KNOW THAT'S SOMETHING THAT THEY'VE VOLUNTEERED TO DO IN ORDER TO BE GOOD STEWARDS TO THE FOLKS LIVING BEHIND THEM.THE REQUIREMENT ALONG THE SOUTHERN PROPERTY LINE BECAUSE IT ABUTS RESIDENTIAL LAND USE IS A SIX FOOT HIGH EITHER OPAQUE FENCE OR WALL SO THEY HAVE THE OPTION OF PUTTING ONE OR THE OTHER OTHER. ANY OTHER QUESTIONS FOR HIS STAFF? SEEING NONE WILL THE APPLICANT PLEASE COME TO THE PODIUM. HELLO EVERYBODY I'M JOHN PORTER WITH [INAUDIBLE] ENGINEERING REPRESENTING THE OWNER ON THIS PROJECT. ORIGINALLY WHEN WE HAD LOOKED AT THIS I THINK THE CODE REQUIREMENT FOR COMMERCIAL I BELIEVE WAS TWENTY FIVE FOOT SETBACK BACK ON THE BACK. WE UNDERSTAND THAT A LOT OF THE RESIDENTS IN THIS AREA WERE CONCERNED WITH THE DEVELOPMENT OF THIS PARCEL. THEY'VE LOOKED AT WOODS FOR A LONG TIME AND IT'S VERY NICE TO BE ABLE TO LOOK AT SOMETHING NATURAL LIKE THAT AND THE OWNER AS A TOKEN TO THAT WANTED TO DEDICATE EVEN MORE BUFFER THAN WHAT WAS REQUIRED TO KIND OF GIVE THE RESIDENTS A LITTLE BIT OF SPACE AND RESPECT FOR WHAT THEY'VE BEEN VIEWING IN THE PAST AND DEDICATING THAT ONE HUNDRED FEET BEYOND THEIR REQUIREMENT OF WHAT'S REQUIRED BY THE CODE WHICH WILL BE UNDISTURBED. SO RIGHT NOW THE PLAN WOULD BE WHAT WE'RE PROPOSING IN THIS WOULD BE TO HAVE A SIX FOOT FENCE ALONG THE PROPERTY BORDER IN ADDITION TO LEAVING THAT ONE HUNDRED FEET OF PRESERVED UNDISTURBED LAND THERE WHICH I WOULD THINK WOULD CREATE THE VISUAL BARRIER THAT A RESIDENT WOULD BE CONCERNED WITH. THAT WAS MY QUESTION WHETHER IT WAS GOING TO BE UNDISTURBED. YOU KNOW, YOU WEREN'T GOING TO GO IN THERE AND START. NO IT'S NOT GONNA BE BULLDOZED AND REPLANTED OR ANYTHING LIKE THAT. THE IDEA WAS TO RESPECT THAT AND TO GIVE THEM THAT SPACE AND JUST LEAVE IT ALONE. ANY OTHER QUESTIONS FOR THE APPLICANT? JUST WANTED YOU MENTIONED TALKING TO THE RESIDENTS. DID YOU HAVE A MEETING WITH THEM? IN THE PAST WEHAD PROPOSED DOING A RESIDENTIAL SUBDIVISION THAT WAS APPROVED THROUGH THE CITY. SOME RESIDENTS HAD COME UP AND THE BIGGEST CONCERN WAS WHAT THEY WOULD BE LOOKING AT. IT SEEMED LIKE. SO WE TOOK THAT INTO CONSIDERATION WHEN THE RESIDENTIAL SUBDIVISION DID NOT GO THROUGH, THE MARKET DIDN'T WANT IT. WE REMEMBERED WHAT THEY HAD TALKED ABOUT BEFORE AND DECIDE TO INCORPORATE THAT AS PART OF THIS APPLICATION. BUT NO OTHER MEETINGS SINCE.
NO NO NO. ANY OTHER QUESTIONS FOR THE APPLICANT? MR. CHAIR. I WAS JUST I MEAN I KNOW THAT WE READ IT ALL IN THE PACKET. BUT I WAS JUST WONDERING IF POSSIBLE YOU COULD JUST ELABORATE JUST A LITTLE BIT MORE ON THE PROJECT THAT YOU'RE.
SURE. SURE. YEAH. SO BEFORE WHEN IT WAS A RESIDENTIAL SUBDIVISION WE WENT THROUGH THE WHOLE PROCESS AND DESIGNED THE SUBDIVISION THAT ENGINEERING PLANS. THE WHOLE NINE YARDS AND WHAT WE FOUND WAS THAT THERE WASN'T REALLY A MARKET FOR THE LOT SIZE THAT WE HAD PROPOSED. A LOT OF THE HOME DEVELOPERS WERE LOOKING FOR SOMETHING SMALLER IN LOT WIDTH SO THEY COULD GET MORE YIELD OUT OF IT. AND THAT'S NOT WHAT WAS ALLOWED PER CODE WITHOUT GOING THROUGH THE PD PROCESS. SO WHAT WE DID WAS A MARKET ANALYSIS OF THE FIVE MILE RADIUS OF WHAT'S AROUND AND WHAT'S NEEDED AND IT DIDN'T SEEM LIKE MORE HOMES WERE SOMETHING THAT WAS NEEDED. AND ONE OF THE BIGGEST MISSING ITEMS WAS COMMERCIAL. SO WE THOUGHT THAT THE COMMUNITY COMMERCIAL AND TALKING WITH STAFF WOULD BE AN APPROPRIATE REZONING TO SERVE WHAT'S OUT THERE AND WHAT PEOPLE MAY NEED. SO RIGHT NOW THIS IS THE FIRST STEP IN MOVING TOWARDS THAT WHICH WOULD BE THAT FUTURE LAND USE AMENDMENT AND REZONING.
ANY OTHER QUESTIONS FOR THE APPLICANT? SEEING NONE. THANK YOU SIR. WE'LL NOW OPEN THE PUBLIC HEARING. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION? BILL. BILL BATTIN, 586 OCEAN SPRAY STREET SW. FIRST I WAS IN FAVOR OF THIS ONE PRIMARILY BECAUSE OF THE FACT THAT THE CITY COUNCIL JUST TOOK RESIDENTIAL SPACE FROM RJ CONLAN BOULEVARD WHICH WAS DESIGNATED AS RESIDENTIAL AND THEY JUST CONVERT I MEAN WAS COMMERCIAL THEY JUST CHANGED IT TO RESIDENTIAL. SO NOW THIS IS GOING TO GIVE SOME COMMERCIAL BACK WHERE WE HAD RESIDENTIAL SO IT'S GOING TO HELP BALANCE IT OUT AND STILL PROVIDE US WITH SOME LAND MASS THAT WILL BE COMMERCIAL CAPABILITY. ALL RIGHT. THE OTHER THING WITH THAT THAT I WAS LOOKING AT WAS AND IT WAS ADDRESSED WAS THE SOUTH WHICH WOULD BE THE NORTH PROPERTY
[00:20:04]
LINE FOR THEM WHICH WOULD BE THE SOUTH SIDE OF MALABAR WAS WITH THE EXPANSION OF THE LAND IF BY CHANCE IF MR. [INAUDIBLE] OR [INAUDIBLE] I DON'T KNOW HOW TO PRONOUNCE HIS NAME WOULD BE CONSIDERATE OF PUTTING IN SOME KIND OF VERBAL AGREEMENT EVEN SO THAT WE COULD HAVE THE LAND AVAILABLE IF MALABAR EXPANSION DOES COME UP FOR WIDENING OF MALABAR WHICH IS HIGHLY TALKED ABOUT RIGHT NOW IN FACT THE CITY'S EVEN SPENDING MONEY TO BUY RIGHT OF WAY TO EXPAND ON MALABAR. SO IF WE COULD HAVE THIS DEVELOPER SO WE'RE NOT HAVING TO BACKTRACK AND RE REWORK IT IF THEY COULD START PLANNING IN THE FUTURE FOR THAT. I KNOW IT'S 100 PERCENT UP TO THE DEVELOPER AT THIS TIME. IT WOULD JUST BE NICE IF WE CAN GET SOME KIND OF A COMMITMENT FROM THEM AND WITH THAT I ALSO LIKE THE FACT THAT THEY'RE DONATING WHICH IS A LOT OF LAND 100 FEET FOR A BUFFER BETWEEN THE RESIDENTS THAT SHOWS TO ME GOOD FAITH WITHIN A DEVELOPER WITHIN OUR COMMUNITY. SO WITH THAT BEING SAID YES I'M IN FAVOR OF THIS DEVELOPMENT. THANK YOU. OR THIS CHANGE. THANK YOU. THANK YOU BILL. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS DEVELOPMENT? SEEING NONE. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK AGAINST THIS APPLICATION? HELLO, MY NAME IS BRENDA CHRIEKI AND I HAVE BEEN THE TREASURER OF MALABAR LAKES WEST. PHASE 1 AND PHASE 2 FOR OVER 12 YEARS NOW. I KNOW OUR NEIGHBORHOOD EXTREMELY WELL AND WE DO NOT WANT COMMERCIAL ANYTHING NEAR US TO REZONE THIS TO COMMERCIAL I'LL READ YOU WHAT I WROTE. I DON'T QUITE UNDERSTAND WHY THE COUNCIL WOULD EVEN CONSIDER CHANGING THE ZONING OF THIS PIECE OF LAND FROM RESIDENTIAL TO COMMERCIAL. IT WOULD TOTALLY DISRUPT OUR WAY OF LIFE. WHEN WE PURCHASED HOMES IN PALM BAY WE SPECIFICALLY CHOSE MALABAR LAKES WEST EVEN THOUGH OUR HOMES WERE MUCH MORE EXPENSIVE THAN ALMOST ANY OTHER NEIGHBORHOOD IN PALM BAY. WE EACH HAVE AT A MINIMUM THREE QUARTERS OF AN ACRE OF LAND. THIS IS A MOVE THAT WILL SUBSTANTIALLY DECREASE OUR PROPERTY VALUE AND OUR HOMES. WE VALUE OUR QUIET SAFE COMMUNITY. WE LOVE THE ABUNDANCE OF WILDLIFE IN OUR NEIGHBORHOOD AND WE VALUE OUR PRIVACY. SO NO MR. [INAUDIBLE] AND HIS COMPANY NEVER MET WITH US EVER TO DISCUSS THIS, WHAT THE GENTLEMAN SAID IS WRONG. WE WERE HERE FIGHTING THE NEIGHBORHOOD THAT THEY WERE GONNA BUILD ALSO. GOES HOME HOME HOME HOME WOULDN'T LOOK GOOD NEXT TO A HOME WITH YOU KNOW THREE QUARTERS OF AN ACRE TO AN ACRE. THAT IS THE ONLY TIME WE'VE EVER SEEN HIM. SO IF ANY TYPE OF BUSINESS WERE TO BE BUILT ON THIS LAND IT WOULD DESTROY NOT ONLY OUR WAY OF LIFE BUT THAT OF SO MANY WILD ANIMALS AND BIRDS. ADDING MORE TRAFFIC TO MALABAR ROAD IS AN INSANE IDEA. HAVE ANY OF YOU EVER TRAVELED IN THIS AREA IN THE MORNING RUSH HOUR OR TRIED TO GET YOUR CHILD TO SCHOOL ON TIME [INAUDIBLE] AND I LIVE THERE. IT'S LESS THAN TWO MILES FROM THE SCHOOL AND IT IS BUMPER TO BUMPER PAST OUR DEVELOPMENT FROM THE SCHOOL PAST AND ST. JOHN HERITAGE PARKWAY IS BUMPER TO BUMPER. TO ADD MORE OF A REASON FOR PEOPLE TO GO TO THAT AREA IS NOT A GOOD IDEA. YOU SHOULD KNOW THAT IT IS UNSAFE AND IRRESPONSIBLE TO ADD MORE TRAFFIC TO MALABAR ROAD. NOW THAT ST. JOHN'S HERITAGE PARKWAY IS OPEN EVEN MORE TRAFFIC FLOWS THROUGH THIS TWO LANE ROAD. AND I KNOW THAT THEY'VE BEEN DISCUSSING WIDENING THAT ROAD FOR, I'VE LIVED HERE 16 YEARS. I CAME FROM NEW YORK AND I LIVED HERE 16 YEARS WE'VE BEEN THEY'VE BEEN TALKING ABOUT IT THAT LONG. IT'S NOT GOING TO HAPPEN FOR A LONG TIME. LET'S BE ADULT. BE RESPONSIBLE. LET'S REALIZE THAT'S THE TRUTH. THE MONEY ISN'T THERE BUT THIS BUILDING IS GOING TO GO UP SOON. WHATEVER THEY'RE GONNA BUILD WHATEVER TRAFFIC THEY'RE GOING TO HAVE WHATEVER CAR DOOR SLAMMING AT MIDNIGHT IT'S GOING TO AFFECT OUR WAY OF LIFE. TO PUT ONE MAN'S DESIRE TO SELL RENT OR BUILD A BUSINESS ON THIS LAND ABOVE THE WELFARE OF SO MANY PEOPLE IS JUST PREPOSTEROUS. ALL THE RESIDENTS OF[00:25:05]
MALABAR LAKES WEST. THE MANY PEOPLE WHO LIVE ON THE OTHER SIDE OF MALABAR ROAD AS WELL AS THE PEOPLE IN THE BRENTWOOD LAKES DEVELOPMENT AND THE PARKSIDE WEST DEVELOPMENT WILL ALL BE AFFECTED BY THIS. YOU'RE TALKING ABOUT. I DON'T EVEN KNOW HOW MANY PEOPLE BUT A LOT OF PEOPLE FOR THIS ONE MAN'S DREAM. OK I UNDERSTAND. HE SHOULD HAVE A DREAM BUT TO APPEASE ONE PERSON FOR THE PLIGHT OF MANY OTHERS SHOULD NOT BE ALLOWED IN OUR SOCIETY IN 2019. PLEASE CONSIDER THE HARMFUL EFFECTS OF CHANGING THE ZONING FROM RESIDENTIAL TO COMMERCIAL. IT IS NOT GOING TO HELP OUR PEOPLE OR OUR ENVIRONMENT. IT DOESN'T TAKE US BUT FIVE MINUTES. I CAN GET NOW THAT THE PARKWAY IS BUILT. I CAN GET TO NEW HAVEN ROAD IN EIGHT MINUTES AND THAT'S GOING THE 45 MILE AN HOUR SPEED LIMIT SO COMMERCIAL IS WE HAVE ENOUGH COMMERCIAL LAND TO GET TO. WE DON'T NEED IT THERE. THERE IS SO MUCH ON THE OTHER SIDE OF THE CANAL THAT THEY'RE GONNA BE BUILDING AND ALL THE WAY DOWN PARK SIDE. THE NEW PARKWAY. WE DON'T NEED IT RIGHT THERE IN OUR BACKYARD. IT WILL DESTROY EVERYTHING WE HAVE ALL WORKED SO VERY HARD TO ACHIEVE. IT IS DESTROYING OUR AMERICAN DREAM. THANK YOU. [APPLAUSE] FOLKS, PLEASE. OK. IS THERE ANYONE ELSE IN THE AUDIENCE. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK AGAINST THIS APPLICATION. NO. I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD. BOARD DO WE HAVE MOTION PLEASE? MOTION TO APPROVE CP-2-2019. SECOND. MOTION AND A SECOND. CAN WE ADD MAKE SURE THAT WE ADD INTO THAT MOTION. THE CONDITIONS. THOSE CONDITIONS AND THAT UNDER NUMBER TWO STATES. AFTER THAT SUBJECT PROPERTY FOR WHICH NO DEVELOPMENT SHALL TAKE PLACE AND SHALL PRESERVE THE EXISTING VEGETATION. LEETA, WOULD YOU AMEND THAT. OK, MOTION IS AMENDED. ANY FURTHER DISCUSSION? I JUST FOR THE RECORD THAT I JUST WANT TO NOTE THAT THERE IS ONE ONE LETTER IN THE FILE OPPOSED TO THIS APPLICATION AS WELL AS THE COMPANION THE ZONING ISSUE WHICH WE'RE GOING TO CONSIDER NEXT. IF THERE ARE NO OTHER QUESTIONS, NO OTHER COMMENTS. ALL IN FAVOR SAY AYE. I'M ALL OPPOSED. MOTION CARRIES UNANIMOUSLY NEXT CASE PATRICK THE NEXT CASE IS CASE CPZ-2-2019. THIS IS THE COMPANION REZONING APPLICATION THAT GOES WITH THE LAND USE CASE THAT YOU JUST HEARD. PROPERTY HISTORY IS THE SAME SO I WILL SKIP OVER THAT ANALYSIS. THE ADJACENT ZONING AND LAND USES TO THE NORTH IS RS1 MALABAR ROAD SOUTHWEST TO THE EAST SR SUBURBAN RESIDENTIAL BREVARD COUNTY DESIGNATION CONTAINING THE DRAINAGE AND RETENTION AREA FOR THE MALABAR LAKES WEST SUBDIVISION TO THE SOUTH SR SUBURBAN RESIDENTIAL MALABAR LAKES WEST. AND TO THE WEST, RS1 SINGLE FAMILY RESIDENTIAL [INAUDIBLE] TILLMAN CANAL NUMBER EIGHT. THE APPLICANT REQUESTS A REZONING FROM THE RS1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE CC COMMUNITY COMMERCIAL DISTRICT. PURPOSE OF THE CC COMMUNITY COMMERCIAL ZONING DISTRICT IS TO PROVIDE COMMERCIAL AREAS THAT ARE PRIMARILY LOCATED AT OR NEAR THE INTERSECTION OF ARTERIAL ROADWAYS TO DESIGNATE THOSE USES AND SERVICES DEEMED APPROPRIATE AND PROPER FOR LOCATION ALONG A MAJOR THOROUGHFARE AND TO ESTABLISH SUCH DEVELOPMENT STANDARDS AND MAKE PROPER FUNCTIONING AND USES WITHIN THE DISTRICT.PROPERTY IS LOCATED AT THE WESTERN END OF MALABAR ROAD WHICH CURRENTLY HAS NO COMMERCIAL ZONING PROVIDED. THE APPLICANT PROVIDED A NEEDS ANALYSIS SHOWING AN EXTREME LACK OF COMMERCIAL AVAILABILITY IN THIS REGION OF THE CITY. DEVELOPMENT OF FUTURE COMMERCIAL USES WILL PROVIDE THESE SERVICES TO THE SURROUNDING RESIDENTIAL AREA WITHOUT THE NEED TO TRAVEL SEVERAL MILES TO THE [INAUDIBLE] ROAD AREA. STAFF RECOMMENDATION STAFF RECOMMENDS APPROVAL OF THE REQUEST TO BE CONSISTENT AND COMPATIBLE WITH THE FUTURE LAND USE DESIGNATION OF CASE NUMBER CP-2-2019. BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE. THANK YOU. PATRICK DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? SEEING NONE. WILL THE APPLICANT PLEASE COME TO THE PODIUM. JOHN PORTER [INAUDIBLE] ENGINEERING. AGAIN REPRESENTING THE APPLICANT. HAPPY TO ANSWER ANY QUESTIONS YOU GUYS MAY HAVE. DOES THE BOARD HAVE ANY QUESTIONS FOR MR PORTER? I DO. I DON'T KNOW
[00:30:05]
IF YOU CAN ANSWER AT THIS TIME I KNOW WE'RE JUST LOOKING AT CHANGING THE ZONING BUT DOES THE OWNER OF THE PROPERTY HAVE A PLAN OF THE KIND OF COMMERCIAL ENTERPRISES. IS IT GOING TO BE STORES. YEAH. THERE'S NOT A COMPLETE PLAN RIGHT NOW. WE'LL BE LOOKING AT THE MARKET AND SEE WHAT THE MARKET IS HUNGRY FOR AND REALLY IT'LL BE MARKET DRIVEN ON WHAT MAY END UP HERE. RIGHT NOW WE'RE JUST TRYING TO SET IT UP TO WHERE WE CAN FIGURE THAT OUT AND MOVE FORWARD BEFORE WE DO ALL THAT ANALYSIS AND COMMIT TO DIFFERENT TYPES OF USES. DOES IT COME BACK TO THE BOARD PATRICK FOR SITE APPROVAL? DEPENDS ON THE USES THAT THEY'RE CONTEMPLATING. WE'D HAVE TO SEE WHAT THEY HAVE. IF IT'S PERMITTED USE THEN IT WOULDN'T GO BEFORE THE BOARD BECAUSE IT'S A PERMITTED USE. IT WOULD JUST HAVE TO MAKE THE LAND DEVELOPMENT REGULATIONS AND THE CODE OF ORDINANCES BUT IF IT'S CONDITIONAL USE, IT'LL COMEBACK BEFORE THIS BOARD AND CITY COUNCIL.ANY OTHER QUESTIONS? SEEING NONE. THANK YOU SIR. THANK YOU. ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION. BILL. BILL BATTIN, 586 OCEAN SPRAY STREET SW. VERY SIMILAR TO WHAT I SAID WITH THE PREVIOUS CP-2 IS THE FACT THAT WE MOVED COMMERCIAL LAND FROM CONLAN BOULEVARD SO WE NOW HAVE COMMERCIAL LAND ON THE WEST SIDE OF THE CITY SO IT MAKES SENSE TO ME TO HAVE THAT NOW AND THE OTHER THING IS THIS IS RIGHT ONTO AN ARTERIAL ROAD MALABAR ROAD. AND ARTERIAL ROADS ARE NOT WHERE WE WANT TO HAVE A LOT OF RESIDENTIAL HOUSING COMING OUT INTO THE TRAFFIC ON WHERE THE USUAL THINGS THAT HAPPEN WHERE YOU HAVE RESIDENTIAL AND THAT'S WHAT THE KIDS THE DOGS AND ALL THAT OTHER GOOD STUFF. SO I'M IN FAVOR OF THIS DEVELOPMENT. THIS CPZ CHANGE MAKES SENSE TO ME. THANK YOU. THANK YOU BILL. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK OPPOSE THIS APPLICATION? SEEING NONE, I WILL CLOSE PUBLIC HEARING AND BRING IT BACK TO THE BOARD. BOARD I NEED A MOTION PLEASE. I'LL REOPEN THE PUBLIC HEARING SIR. MY NAME IS SCOTT [INAUDIBLE]. I'M PRESIDENT OF MALABAR LAKES WEST SECOND SIDE. YOU JUST APPROVED THE FIRST COMMERCIAL SAYING THAT THERE IS NOT ENOUGH. NOW YOU'RE GOING TO STEP IN WITH ANOTHER SET OF COMMERCIAL INFRASTRUCTURE AND THAT IS JUST GOING TO WIPE EVERYTHING OUT DOWN IN THE SAND WHEN YOU SAY THERE'S NOT ENOUGH. LET ME TELL YOU I WOULD LIKE TO SEE YOU ASK ONE PERSON WHO CARES ABOUT DRIVING A COUPLE OF MILES TO GET ANYTHING, ANYTHING. I DON'T CARE WHAT IT IS YOUR GAS GOING TO THE CORNER STORE. ANY OF THAT. YOU'RE SAYING THERE IS NOT ENOUGH THERE. LET ME TELL YOU SOMETHING, YOU CROSS OVER THE 192 YOU BURIED IN IT YOU CAN'T MOVE. YOU GO UP THE OTHER END OF MALABAR ROAD YOU'RE BURIED IN IT, YOU CAN'T MOVE. THE REASON WE ALL MOVED DOWN HERE SO WHEN I'M BURIED IN IT AND WE CAN MOVE. WE'VE ALREADY GOT THE HIGH SCHOOL WE'VE ALREADY GOT THE PARK, NOW WE HAVE THE PARKWAY YOU'RE GOING TO BUILD UP THE PARKWAY YOU GONNA LOAD THAT WITH COMMERCIAL NOW YOU'RE GONNA GO ACROSS THE STREET AND LOAD US ALL UP OVER HERE NOW WE'RE DONE. GO LOOK AT 192. LOOK AT THE DEVELOPMENTS BEHIND THERE AND ALL THE CRAP THAT'S IN FRONT OF IT YOU KNOW WHAT DO YOU NEED A STRIP JOINT. WHAT IS IT WE NEED DOWN THERE THAT WE'RE GOING TO JUST KEEP APPROVING THIS STUFF FOR TAX DOLLARS OR WHAT. I'D JUST LIKE TO SAY THAT BECAUSE YOU KNOW WHEN I WORK SIX DAYS A WEEK FOR MY HOME FOR MY FAMILY. NOT SO SOME GUY WHO SPENT 150 GRAND LESS THAN ANY ONE OF US COULD WALK UP HERE AND TURN IT INTO SOME FLYING PIECE OF CRAP THAT WE'RE ALL STUCK WITH FOR THE REST OF OUR LIVES. SO BEFORE YOU STAMP AND SAY GOOD GO PLEASE CONSIDER WHAT YOU'RE SAYING. IT COULD BE YOUR HOUSE OR YOUR FAMILY OR YOUR PETS. THAT'S WHAT HE'S TALKING ABOUT REALLY. I DON'T KNOW WHAT HE'S GETTING OUT OF THE DEAL BUT I GUARANTEE HE'S PART OF BUILDING IT. HE DOESN'T GIVE A CRAP ONE WAY OR ANOTHER. [INAUDIBLE] ALL RIGHT. ENOUGH. ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK. SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION.
CAN WE HAVE A MOTION PLEASE. MOTION TO APPROVE CASE CPZ-2-2019 AND CONTINUE IN ALLIANCE WITH THE CONDITIONS FROM CP-2-2019. MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUSLY.
[00:35:03]
PATRICK. OUR LAST CASE PLEASE. NEXT AND LAST CASE ON THE AGENDA IS CP-3-2019. A LITTLE HISTORY ON THIS PROPERTY SUBJECT TRACT IS CURRENTLY UNDEVELOPED TRACT A OF PORT MALABAR UNIT 22. THE TRACK WAS OWNED BY GENERAL DEVELOPMENT CORPORATION. IT WAS SOLD IN 1996 TO A PRIVATE OWNER AND THEN SOLD TO THE CURRENT OWNER IN 2001. THE APPLICANT INTENDS TO SUBDIVIDE THE LAND TO DEVELOP APPROXIMATELY TWO SINGLE FAMILY RESIDENTIAL LOTS. ANALYSIS PER CHAPTER 183 COMPREHENSIVE PLAN REGULATIONS SECTION 183.01B PURPOSE OF INTENT OF THE COMPREHENSIVE PLAN IS TO INCUR MOST APPROPRIATE USE OF LAND AND RESOURCES TO PROMOTE THE HEALTH SAFETY AND WELFARE OF THE COMMUNITY. FUTURE LAND USE ELEMENT GOAL FLU 2 [INAUDIBLE] FOR AND THEN MAINTAIN VIABLE NEIGHBOURHOODS AND RESIDENTIAL DEVELOPMENT TO MEET THE EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF PALM BAY. SUBJECT PARCEL IS LOCATED WITHIN THE EXISTING RESIDENTIAL NEIGHBORHOOD KNOWN AS PORT MALABAR UNIT 22. THE INTENDED USE OF THE 1.36 SIX ACRE TRACT IS SINGLE FAMILY RESIDENTIAL LOTS WHICH IS CONSISTENT WITH THE SURROUNDING LAND USES AS WELL AS THE CURRENT ZONING RS2 SINGLE FAMILY RESIDENTIAL. SUBJECT PROPERTY IS NOT LOCATED WITHIN THE COASTAL HIGH HAZARD AREA. IT APPEARS THAT THE SUBJECT PROPERTY IS NOT LOCATED WITHIN IN THE FLORIDA SCRUB JAY POLYGONS IDENTIFIED IN THE CITY'S HABITAT CONSERVATION PLAN AND NO OTHER PROTECTED SPECIES ARE KNOWN TO INHABIT THE SUBJECT PROPERTY ANY PROTECTED SPECIES THAT WOULD BE FOUND IN THE SUBJECT PROPERTY WOULD NEED TO BE MITIGATED FOR AS REQUIRED BY THE STATE AND FEDERAL REGULATIONS AND PER THE COMPREHENSIVE PLAN POLICY CON 1.7B THE PROPOSED FUTURE LAND USE AMENDMENT WOULD NOT EXCEED THE EXISTING PARK LAND OR RECREATIONAL LEVEL OF SERVICE STANDARDS FOR THE PLANNING AREA. HOUSING ELEMENT. THE PROPOSED FLU AMENDMENT DOES NOT ADVERSELY IMPACT THE SUPPLY AND VARIETY OF SAFE DECENT ATTRACTIVE AND AFFORDABLE HOUSING WITHIN THE CITY. THE AMENDMENT WOULD ALLOW THE PROVISION OF TWO ADDITIONAL HOMES TO THE NEIGHBORHOOD. ITEM FIVE INFRASTRUCTURE AND CAPITAL IMPROVEMENTS ELEMENTS. THE CITY EVALUATES PRESENT AND FUTURE WATER SEWER DRAINAGE AND SOLID WASTE AND ASSESSES THE ABILITY OF INFRASTRUCTURE TO SUPPORT DEVELOPMENT. UTILITIES. THE FLU CHANGE WILL NOT CAUSE A LEVEL OF SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE CONFERENCE A PLAN FOR THESE SERVICES FOR THE CURRENT PLANNING PERIOD. PUBLIC WATER AND SEWAGE FACILITIES ARE NOT AVAILABLE AT THE SITE. THE PROPERTY OWNER WILL BE RESPONSIBLE FOR ALL APPLICABLE REQUIREMENTS AND PERMITS FOR THE BREVARD COUNTY HEALTH DEPARTMENT AND THE CITY OF PALM BAY FOR THE INSTALLATION OF A PRIVATE SEPTIC SYSTEM IN POTABLE WELL BEFORE A BUILDING PERMANENT ISSUED. DRAINAGE. TO ISSUE BUILDING PERMITS EACH HOME WILL REQUIRE A DRAINAGE PLAN THAT IS PREPARED IN ACCORDANCE WITH CURRENT CITY REGULATIONS. ANY DEVELOPMENT OF THE SUBJECT PROPERTY WOULD ALTER THE PRESENT NATURAL SITE CONDITIONS AS THEIR PROPERTY IS CURRENTLY UNDEVELOPED AND THEREFORE WOULD HAVE SOME IMPACT. PROPERTIES LOCATED WITHIN FLOOD ZONE X WHICH IS AN AREA OF MINIMAL FLOOD HAZARD AND IS LOCATED OUTSIDE THE SPECIAL FUND HAZARD AREA IN THE 500 YEAR FLOOD ZONE. INTERGOVERNMENTAL COORDINATION ELEMENT. PUBLIC SCHOOLS. THE PROPOSED FLU AMENDMENT TO SINGLE FAMILY RESIDENTIAL FOR A SMALL SIZE PARCEL 1.36 ACRES MAY ADD HOUSING UNITS BUT MINOR IMPACTS TO THE PUBLIC SYSTEM ARE ANTICIPATED BUT NEGLIGIBLE. 7 TRANSPORTATION ELEMENT. THE OBJECTIVES OF THE COMPREHENSIVE PLANS TRANSPORTATION ELEMENT IS TO PROVIDE A SAFE BALANCE EFFICIENT TRANSPORTATION SYSTEM THAT MAINTAINS ROADWAY LEVEL OF SERVICE AND ADEQUATELY SERVES THE NEEDS OF THE COMMUNITY. IF DEVELOPED A TRAFFIC IMPACT ANALYSIS MIGHT BE REQUIRED TO DETERMINE ANY NEGATIVE IMPACTS ON EXISTING TRANSPORTATION SYSTEM ALONG WITH ANY SUGGESTED IMPROVEMENTS WHICH WILL BE TAKEN INTO CONSIDERATION DURING THE SITE PLAN REVIEW AND APPROVAL PROCESS. IN SUMMARY THE INFORMATION CONTAINED IN THIS REPORT SHOULD PROVIDE THE PLANNING AND ZONING BOARD AND CITY COUNCIL WITH APPLICABLE INFORMATION TO DETERMINE THE NEED AND JUSTIFICATION FOR THE CHANGE THE EFFECT OF THE CHANGE IN THE SUBJECT AND SURROUNDING PROPERTIES AND THE RELATIONSHIP OF THE PROPOSED AMENDMENT TO FURTHER THE PURPOSES OF THE COMPREHENSIVE PLAN. STAFF RECOMMENDATION MOTION TO APPROVE CASE CP-3-2019 PURSUANT TO CHAPTER 163 FLORIDA STATUTES WITH A CONDITION OF THE MAXIMUM OF TWO SINGLE FAMILY LOTS MAY BE CREATED FROM THE SUBJECT PROPERTY. HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. THE APPLICANTS ARE IN ATTENDANCE. THANK YOU PATRICK. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? JUST TO CONFIRM, I DON'T KNOW IF I MISSED IT. IS THIS PROPERTY UNDER CONTRACT RIGHT NOW FROM THE CITY? IT'S PRIVATELY OWNED. OH OK. I THINK I MISUNDERSTOOD.SAME QUESTION. I JUST WANTED TO MAKE SURE. [INAUDIBLE] YOU HAVE ANY QUESTIONS? NO SIR.
NO. ANY OTHER QUESTIONS FOR STAFF? YEAH. THIS IS NOT A [INAUDIBLE] CITY SURPLUS PROPERTIES. THIS IS [INAUDIBLE] SEEING NO QUESTIONS I WILL OPEN THE PUBLIC HEARING AND ASK THE APPLICANT TO COME TO THE PODIUM PLEASE. YES, SIR HOW ARE YOU TODAY.THANK YOU. STATE YOUR NAME PLEASE. MY NAME IS EUGENIA CAMPBELL. I'M WALTER CAMPBELL. AND GIVE YOUR ADDRESS. AT THIS TIME WE ARE 874 DATELINE ROAD. AND JUST TELL US BRIEFLY WHAT YOUR
[00:40:07]
PLANS ARE FOR THIS PROPERTY. WE'D LIKE TO HAVE A PROPERTY IS BIG ENOUGH THAT WE COULD SUBDIVIDED IT INTO TWO AND TO BUILD ON IT IF POSSIBLE. AND WE ARE AT THIS TIME THAT'S WHERE WE ARE AT. WE HAVE OUR FAMILIES WE HAVE OUR KIDS AND ANYTHING WE WOULD LIKE FOR THEM TO ALSO BE PART OF THE FAMILY ON THAT PROPERTY AS WELL AS OURSELVES. OKAY. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR THE CAMPBELLS. HI, MS. CAMPBELL. I JUST WANTED TO SEE ARE YOU GOING ON RECORD THAT YOU ARE JUST DOING TWO HOMES AND NO OTHER OR. NO OTHER JUST BECAUSE OF COURSE IT'S A ONE ACRE, .36 SO I CAN'T SEE IT DOING MORE THAN ONE OR I MEAN MORE THAN 2. OF COURSE WE WOULD LIKE TO HAVE A SPACIOUS AREA TO BE BUILDING ON. ANY OTHER QUESTIONS FOR THE APPLICANT? SEEING NONE. THANK YOU FOLKS. PLEASE BE SEATED. THANKS.IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION? ANYONE WHO WISHES TO SPEAK AGAINST THE APPLICATION. SIR. MY NAME IS [INAUDIBLE] I LIVE ABOUT 500 FEET FROM THE PROPOSED BUILDING OF THIS PROPERTY. THE GRAPEVINE IS NOT THE MOST ACCURATE SOURCE OF INFORMATION, OBVIOUSLY. AND SIR IN ALL DUE RESPECT YOU SPOKE SO FAST I COULDN'T COMPREHEND WHAT YOU WERE SAYING. TO BE PERFECTLY HONEST A NUMBER OF US ARE CONCERNED SINCE THIS PROPERTY WAS ZONED PARKS AND RECREATION. FIRST OF ALL I DON'T UNDERSTAND PARKS AND RECREATION. IT IS NOTHING BUT SCRUB PINE AND NASTY VEGETATION THERE AND YOU KNOW YOU CAN'T WALK THROUGH THERE OR ANYTHING BUT WHO DID YOU SAY OWNS THE SURROUNDING PROPERTY AND IS ALLOWING THESE THIS ACRE AND A HALF TO BE DEVELOPED. WHO IS DOING. OH THESE TWO PEOPLE OWN THE PROPERTY. OK. NOW I CALLED UP AND JUST WANTED, PREVIOUSLY AND JUST WANTED TO KNOW WHAT WAS GOING ON IF THERE WAS GONNA BE ANY BIG HOUSING DEVELOPMENT GOING UP AND WE'RE CONCERNED ABOUT OUR PROPERTY VALUES OF COURSE. AND RUMOR HAS IT THAT THE GOVERNMENT WAS GONNA BUILD SOME SUBSIDIZED HOUSING ON THAT PROPERTY AND THAT'S WHAT CONCERNS ME PERSONALLY. I DON'T KNOW IF THAT'S A FACT OR FICTION BUT I HOPE YOU CAN CLARIFY THAT FOR ME AT THIS TIME. NANCY. NANCY. PLEASE DO NOT SPEAK OUT. YOU CAN NOT HAVE A BACK AND FORTH WITH THE GENTLEMAN. THIS IS NOT A QUESTION AND ANSWER THING. I WILL RESPOND TO YOUR COMMENTS AFTER THE PUBLIC HEARING. OK. OK. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK AGAINST HIS APPLICATION? SEEING NONE I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD. BOARD, DO WE HAVE MOTION PLEASE. MOTION TO APPROVE CP-3- 2019. SECOND. WE HAVE A SECOND. JUST TO ANSWER THAT GENTLEMAN'S QUESTION. FIRST OF ALL, THESE FOLKS OWN THAT PROPERTY. THEY SIMPLY WANT TO BUILD TWO SINGLE FAMILY HOUSES ON THAT PROPERTY AND EACH SINGLE FAMILY HOUSE WILL BE APPROXIMATELY TWO THIRDS OF AN ACRE SO THAT WILL ACTUALLY BE AN IMPROVEMENT TO THE NEIGHBORHOOD. OKAY.
ANY FURTHER DISCUSSION FROM THE BOARD? SEEING NONE, ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED? MOTION CARRIES UNANIMOUSLY. IF THERE IS NO OTHER BUSINESS PATRICK. OUR MEETING IS. OUR NEXT MEETING IS APRIL 1ST I BELIEVE. APRIL 3RD APRIL 3RD. OH I'M SORRY. APRIL 1ST. YOU'RE RIGHT.
APRIL 1ST. YEAH. OKAY. THAT'S WEEKS FROM TODAY BECAUSE TODAY OF COURSE TODAY'S MEETING WAS A SPECIAL MEETING. OKAY. MEETING IS ADJOURNED. THANK YOU. I THOUGHT OUR MEETINGS WAS ON WEDNESDAY. APRIL 3RD.
YES SIR. YES. IT IS APRIL 3RD. OKAY APRIL 3RD. I STAND CORRECTED. ACTUALLY I STAND CORRECTED. BUT YES.
* This transcript was compiled from uncorrected Closed Captioning.