ALL RIGHT, FOLKS. ALL RIGHT, FOLKS, WE'RE GOING TO GO AHEAD AND GET STARTED.
[CALL TO ORDER]
[00:00:05]
CAN WE HAVE ATTENTION, PLEASE? THANK YOU. THE OCTOBER 4TH MEETING OF THE PLANNING AND ZONING BOARD IS CALLED TO ORDER.EVERYONE, PLEASE RISE AND FACE THE FLAG, AND RAINER WILL LEAD US IN THE PLEDGE OF ALLEGIANCE.
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
OKAY. CHANDRA, WILL YOU CALL THE ROLL, PLEASE? YES, MR. BOEREMA.
PRESIDENT. MR. GOOD PRESIDENT.
WE HAVE NOT HEARD FROM AND OUR CHIEF DEPUTY CITY ATTORNEY MICHAEL RODRIGUEZ, IS PRESENT.
[ADOPTION OF MINUTES]
CAN I GET A MOTION, PLEASE? SO MOVED. MOTION FROM DAWN.ALL OPPOSED. MOTION CARRIES UNANIMOUSLY.
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 FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENTS.
ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN OATH CARDS WHICH ARE LOCATED AT THE PODIUM.
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.
THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION.
OKAY. FIRST, IF ANYONE IS HERE FOR CASE Q 20 3-00003.
WE HAVE A REQUEST TO CONTINUE THAT.
SO CAN I GET A MOTION, PLEASE? IT'S THE SECOND CASE IN OLD UNFINISHED BUSINESS.
MOTION FROM ROBERTS WE HAVE SECOND, SECOND, SECOND FROM REINER.
ANY DISCUSSION? ALL IN FAVOR SAY AYE? AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUSLY.
OKAY. THAT BRINGS US TO OUR FIRST CASE.
[OLD/UNFINISHED BUSINESS]
V 23 00006.JESSE ANDERSON, ASSISTANT DIRECTOR OF GROWTH MANAGEMENT.
AND LISA, IF YOU'D LIKE TO SAY ANYTHING, PLEASE COME UP OR STAY.
I WAS FORMERLY THE WELL COMMUNITY DEVELOPMENT DIRECTOR DOWN IN SEBASTIAN.
I HAVE OVER 35 YEARS OF EXPERIENCE IN THE PRIVATE NONPROFIT PUBLIC FIELD OF PLANNING.
I HAVE MY MASTER'S FROM FIT AND I'M ACP CERTIFIED.
I HAVE BEEN WORKING FOR THREE WEEKS WITH THIS STAFF AND I CAN ONLY GIVE COMPLETE VALIDATION OF THEIR INTELLIGENCE, THEIR HARD WORK, AND I LOOK FORWARD TO WORKING WITH THEM IN THE FUTURE.
SO THANK YOU VERY MUCH FOR YOUR WARM WELCOME.
OKAY, THANK YOU, LISA, AND WELCOME TO PALM BAY.
THAT BRINGS US TO OUR FIRST CASE, TANYA.
[00:05:01]
GOOD EVENING. I'M TANYA RAMOS WITH GROWTH MANAGEMENT.THE FIRST CASE IS A VARIANCE IS CASE NUMBER V 23 00006.
THE APPLICANT IS RIVER'S EDGE MIXED USE AND THE OWNER IS FLORIDA INSTITUTE OF TECHNOLOGY.
THE REPRESENTATIVE TONIGHT IS DAVID BASFORD FROM ENGINEERING.
THE LOCATION IS WEST OF AND ADJACENT TO DIXIE HIGHWAY, NORTHEAST IN THE VICINITY OF ANGLERS DRIVE.
THIS IS SPECIFICALLY 4400 DIXIE HIGHWAY NORTHEAST.
THE SITE CURRENTLY HAS A FUTURE LAND USE OF URBAN MIXED USE AND A ZONING OF BAYFRONT MIXED USE, AND THE SITE IS APPROXIMATELY 6.92 ACRES. THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW THREE PROPOSED PARKING GARAGE BUILDINGS TO ENCROACH 20FT INTO THE 20 FOOT FRONT YARD SETBACK FOR ACCESSORY STRUCTURES, WHICH WOULD BE GRANTING RELIEF FROM THE REQUIREMENTS ESTABLISHED BY SECTION 185 .058, SUBSECTION F E OF PALM BAY CODE OF ORDINANCES.
EXCUSE ME. ANALYSIS IS THAT THE APPLICANT HAS NOT PROVIDED EVIDENCE THAT THE SPECIAL THAT SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ARE PECULIAR TO THE LAND STRUCTURE OR BUILDING INVOLVED, WHICH ARE NOT APPLICABLE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION AS REQUIRED BY SECTION 169 .00 9B1 OF THE PALM BAY CODE OF ORDINANCES.
STAFF RECOMMENDS DENIAL OF V 23 00006 BASED ON THE FACTS PRESENTED AS REQUIRED UNDER SECTION 169 .009 OF THE CITY OF PALM BAY CODE OF ORDINANCES.
THE PLANNING AND ZONING BOARD MUST DETERMINE, BASED ON THE FACTS PRESENTED, TO WHAT DEGREE, IF ANY, OF MINIMAL RELIEF IS REQUIRED TO MEET THE NEEDS OF THE VARIANCE BEING REQUESTED AS REQUIRED UNDER SECTION 169 .009 OF THE CITY OF PALM BAY CODE OF ORDINANCES AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL FOR FINAL REVIEW.
UNDER 59.058 14 OF THE CITY OF PALM BAY CODE OF ORDINANCES, THE QUASI JUDICIAL BODY SHALL DIRECT THE CLERK OR CITY ATTORNEY ACTING AS THE BODY'S LEGAL COUNSEL, TO PREPARE THE NECESSARY AND APPROPRIATE WRITTEN ORDER IN ACCORDANCE WITH THE PURPOSE OF THE HEARING AND FINDINGS OF THE QUASI JUDICIAL BODY.
PURSUANT TO FLORIDA STATUTES, IN THE EVENT RELIEF IS DENIED TO THE APPLICANT, THE SPECIFIC PROVISION OF STATUTE OR CODE THAT WAS DEFICIENT SHALL BE STATED FOR THE RECORD, AND STAFF IS AVAILABLE IF YOU HAVE ANY QUESTIONS.
AND ALSO THE APPLICANT IS HERE.
DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? RANDALL. THANK YOU, SIR.
THANK YOU, MS.. RAMOS, FOR YOUR PRESENTATION THIS EVENING.
I'VE BEEN ON THIS BOARD FOR A GOOD WHILE NOW.
THIS IS THE FIRST CASE I'VE EVER SEEN STAFF RECOMMEND DENIAL.
SO I WOULD LIKE, IF YOU MAY, TO JUST EXPAND A LITTLE BIT ON THE PLAN THAT THE APPLICANT HAD AND HOW JUST TO ARTICULATE IN MORE PLAIN TERMS, IF YOU SHALL, HOW THIS DOESN'T JIVE WITH THESE ORDINANCES THAT YOU MENTIONED.
SO WHEN YOU APPLY FOR A VARIANCE, IT SHOULD BE TO OVERCOME A HARDSHIP THAT THE PROPERTY HAS.
SO THIS APPLICANT HASN'T SHOWN THAT THEY ACTUALLY HAVE A HARDSHIP.
I GUESS THEY THINK THE FUNCTIONALITY OF THEIR SITE WOULD REQUIRE THE PLACEMENT OF THESE GARAGES, BUT IT LOOKS LIKE THEY HAVE PLENTY OF ROOM TO PLACE THEM SOMEWHERE ELSE AND MEET THE CODE REQUIREMENTS.
BUT THE DESCRIPTION SUMMARIZES THAT THERE'S ACCESSORY STRUCTURES THAT THEY INTEND TO PUT.
THE GARAGES ARE THE ACCESSORY STRUCTURES.
OKAY. OKAY. THANK YOU VERY MUCH FOR THE CLARIFICATION.
AND ALSO, I MIGHT ADD, THANK YOU VERY MUCH FOR THE THOROUGH ANALYSIS HERE, BECAUSE THERE'S BEEN CASES IN THE PAST WHERE I'VE WANTED TO KNOW MORE AND UNDERSTAND MORE AS FAR AS THE PREMISE FOR NOT RECOMMENDING APPROVAL AS OPPOSED TO BEING NEUTRAL OR DENIAL.
[00:10:05]
SO I REALLY APPRECIATE THE THOROUGHNESS HERE.THANK YOU VERY MUCH FOR THE RESEARCH.
SO BOARD, HAVE ANY OTHER QUESTIONS FOR STAFF? NO, I WOULD JUST LIKE TO ADD THAT THIS PRESENTATION MADE IT QUITE CLEAR AS TO WHY THE CITY IS TAKING THE POSITION THAT IT'S TAKEN. AND I THANK YOU FOR THE CLARITY.
ALL RIGHT. THANK YOU, MR. BASTARD. MS..
GOOD EVENING, MEMBERS OF THE PLANNING BOARD.
MY NAME IS KIM ZANCA WITH LACEY LYONS ROZANKA HERE.
ON BEHALF OF THE APPLICANT, I HAVE A QUESTION.
I'M NOT SURE WHO THE CHAIRMAN IS, BUT IF I CAN CORRECT THAT LITA JORDAN IS THE CHAIR, BUT HOWEVER, SHE HAS A PROBLEM WITH HER VOCAL CORDS, SO I WILL BE CHAIRING THE MEETING THIS EVENING.
AGAIN, MY NAME IS KIM ROZANKA WITH LACEY LYONS, ROZANKA AND THE ROCKLEDGE OFFICE.
I'M HERE ON BEHALF OF THE APPLICANT.
YOU ALL MAY REMEMBER THIS PROJECT.
WE ARE BACK BEFORE YOU IN SEPTEMBER OF LAST YEAR.
IT WAS AN OFFICE BUILDING USED BY FLORIDA TECH.
IT'S UNDER CONTRACT FOR PURCHASE BY MY CLIENT, WOODFIELD ACQUISITIONS.
HERE WITH ME TODAY IS ROSS ABRAMSON AND ALSO DAVID BASS FOR THE ENGINEER OF RECORD.
IF YOU HAVE ANY SPECIFIC QUESTIONS REGARDING THE SITE PLAN OR DIMENSIONS OR ANYTHING ALONG THOSE LINES, THIS IS 150 UNIT MULTIFAMILY AND COMMERCIAL DEVELOPMENT WITH 90 180FT² OF COMMERCIAL PROPERTY.
WHAT YOU HAVE ON THE FIRST PAGE AND I'LL GO THROUGH THEM IN DETAIL LATER, BUT THAT FIRST PAGE IS THE RENDERING THAT WAS SHOWED TO CITY COUNCIL ON OCTOBER 6TH OF 2022 WHEN WE WENT FOR THE MIXED USE REZONING.
ONE, THIS IS WHAT WAS USED FOR THE PRE-OP THAT WENT TO THE STAFF IN LATE DECEMBER OF 2022, AND I WASN'T THERE.
BUT I UNDERSTAND FROM THE ENGINEER THAT NO COMMENTS WERE MADE ABOUT THE FRONT SETBACK AT THAT TIME.
THE INFORMATION YOU HAVE BEFORE YOU WAS ONLY RECENTLY GIVEN TO STAFF THIS EARLIER THIS WEEK.
SO THEY DID NOT HAVE THAT WHEN THEY WERE MAKING THEIR RECOMMENDATION.
SO I ASK THAT YOU KEEP THAT IN MIND.
WHAT WE WOULD SAY TO YOU IS THIS PROPERTY HAS UNIQUE FEATURES.
IT HAS RETAINING WALLS ON THE NORTH AND SOUTH.
IT HAS THE CANAL IN THE BACK, IF YOU RECALL.
THERE ARE NUMEROUS LARGE, WHAT ARE CALLED EXCEPTIONAL SPECIMEN TREES.
UNDER YOUR CODE, WHICH ARE 18IN OR LARGER.
AND AS YOU'LL SEE AS WE GO THROUGH THIS PACKET, THIS PLAN ALLOWS THEM TO SAVE THESE TREES.
SO THAT IS A UNIQUE FEATURE OF THESE NUMBER OF TREES ON THIS PROPERTY.
ALSO THERE IS WHICH IT'S ON THE SURVEY, BUT IT'S HARD TO SEE.
WE WE WOULD SUBMIT THAT THESE ARE UNIQUE FEATURES.
YOUR STAFF REPORT SAYS THE DESIGN.
IT'S UNIQUE FEATURE IS OF THE PROPERTY ITSELF.
THE DESIGN OF THESE PARKING GARAGES WERE INDEED INTENDED TO SAVE THESE THESE LARGE TREES.
AND THIS WAS THE ONLY PLACE TO LOCATE THESE COVERED PARKING AND TO PRESERVE ALL OF THESE TREES.
WITH THE PACKET OF DOCUMENTS I PROVIDED TO YOU.
AGAIN, I'VE EXPLAINED THE FIRST ONE.
THE SECOND ONE IS THE ACTUAL OVERALL SITE PLAN.
BUT THIS IS WHAT HAS BEEN DESIGNED AND WAS SUBMITTED TO THE CITY FOR THE SITE PLAN FOR THIS PROJECT.
[00:15:01]
AND YOU CAN SEE THOSE THREE COVERED PARKING ALONG THE ROAD.WHEN THIS WAS SUBMITTED, THE ENGINEER WAS UNDER THE IMPRESSION THAT PARKING GARAGES WERE PRIMARY STRUCTURES, NOT ACCESSORY STRUCTURES. IN FACT, IF THESE HAD BEEN ADDED TO THE BUILDING, THEY WOULD BE CONSIDERED PART OF THE PRIMARY STRUCTURE AND WE WOULDN'T HAVE THIS ISSUE.
PAGE THREE IS TWO PAGES OF THE BAYFRONT MIXED USE DISTRICT ZONING ORDINANCE.
AS STATED, THE PURPOSE OF BAYFRONT MIXED USE IS TO CREATE ATTRACTIVE AND FUNCTIONAL MIX OF HIGH DENSITY RESIDENTIAL AND LOW INTENSITY COMMERCIAL, WHICH THIS PROJECT IS INTENDED TO DO. THE PRINCIPAL USE IS MULTIPLE FAMILY DWELLINGS UNDER B1, ALSO UNDER B 14 PUBLIC AND PRIVATE PARKING LOTS.
AGAIN, SO THERE IS SOME AMBIGUITY, AT LEAST THERE WAS TO THE ENGINEER.
IF YOU GO TO THE RIGHT SIDE WHERE IT SAYS EIGHT YARD REQUIREMENTS, THAT'S ACTUALLY F EIGHT.
THERE'S A ZERO FOOT SETBACK FOR PRIMARY STRUCTURES.
IF YOU LOOK ACROSS THE STREET TO THE EAST, THE VFW IS RIGHT THERE ON THE ROAD.
SO THEY COULD MOVE THIS ENTIRE BUILDING TO THE FRONT SETBACK AND PUT SIX STORIES RIGHT THERE.
BUT INSTEAD THEY PUT IT BACK AND THEY PUT THESE PARKING GARAGES ALONG THE ROAD THERE.
IF YOU LOOK AT A8E, THAT'S WHERE THE ACCESSORY STRUCTURES HAVE THE MINIMUM OF 20 FOOT SETBACK.
AGAIN, ACCESSORY STRUCTURES, I BELIEVE IT IS AN ACCESSORY STRUCTURE.
BUT THE ENGINEER AT THE TIME BELIEVED THAT THEY WERE PRIMARY STRUCTURES.
PAGE FOUR IS SAYS SITE GEOMETRY AND DIMENSIONAL PLAN.
THIS SHOWS AGAIN THE GARAGES AND IT SHOWS THE GREEN TREES THAT ARE BEING SAVED.
SO THOSE ARE THE SPECIMEN TREES.
WE WANT TO KNOW HOW BIG THEY ARE.
ONE ANYWHERE FROM 18FT, 28FT, 24FT, 32FT, 30FT.
AND AGAIN, ON THE SIXTH PAGE, YOU'LL SEE THEY'RE SAVING A 34 INCH OAK TREE AND A 30 INCH OAK TREE.
AND THESE WILL ALL HAVE TO COME DOWN IF THEY HAVE TO MOVE THE PARKING SPACES TO US.
THERE'S GOING TO BE A SIDEWALK IN FRONT OF THEM.
THERE'S STILL LOTS OF RIGHT OF WAY WITH GREEN SPACE THAT'LL BE MAINTAINED.
AND SO THIS CREATES THE ATTRACTIVE DIMENSIONS THAT'S LOOKED FOR IN THE CMU ZONING DISTRICT.
THAT WAS THE THAT'S WHAT THEY USE TO SAY THAT IT WAS THE RESULT OF THE APPLICANT.
THIS IS THE MINIMUM VARIANCE AS SHOWN BY THE DOCUMENTS.
THIS DOES HAVE AN ATTRACTIVE AND FUNCTIONAL MIX AS SHOWN BY THE DOCUMENTS.
CRITERIA SEVEN IS NOT APPLICABLE BECAUSE WE'RE NOT IN A BIRD HARRIS ACTION.
YOU MAY RECALL THERE WERE QUITE A FEW PEOPLE UPSET ABOUT THE POOL BEING IN THE LOCATION.
THE PROJECT'S ALREADY BEEN APPROVED WITH THE ZONING, WHICH IS NOW SITE PLAN.
SO WITH THAT, IF I CAN ANSWER ANY QUESTIONS OR IF MR. BHASKER CAN ANSWER QUESTIONS, PLEASE LET US KNOW.
IS THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? MR. ALSHEVSKY. THANK YOU, SIR.
THANK YOU, MADAM, FOR YOUR PRESENTATION.
UM, MY FIRST QUESTION IS HOW TALL IS THE MAIN BUILDING? I BELIEVE THAT AS TALL AS IT'S 64FT.
[00:20:02]
OKAY. AND MY NEXT QUESTION IS, YOU MENTIONED THAT THE STAFF DIDN'T HAVE THESE DOCUMENTS BEFORE.NOW, WHY IS THAT? I DIDN'T SUBMIT THE APPLICATION BECAUSE WHAT HAPPENED IS WHEN MISS FRAZIER CAME IN, SHE ASKED MANY MORE QUESTIONS.
AND THEN BRUCE MOYER RESPONDED TO HER.
AND SOME OF THESE WERE CREATED FOR HER TO SEE WHAT THE REASONS WERE FOR THE VARIANCE.
UNDERSTOOD. SO THE CLIENT THAT YOU REPRESENT SUBMITTED THE APPLICATION LESS YOU REPRESENT THE CLIENT APPLICANT? YES. THEY SUBMITTED THE APPLICATION.
CORRECT. THAT YOU ARGUE ASSERT ARE VERY INFORMATIONAL AND WOULD INFLUENCE THE DECISION HEAVILY.
YES, SIR. I'M NOT HERE TO OFFER LEGAL ADVICE TO ANYBODY, BUT I THINK THAT SUBMITTING THE DOCUMENTS WITH THE APPLICATION IS IS VERY HELPFUL BECAUSE THEN THE EVALUATION MATCHES THE DOCUMENTS YOU HAVE.
WITH THAT BEING SAID, THIS VERY LAST PICTURE WITH THE PHOTOS, IS THIS A RENDERING OF WHAT THESE ACCESSORY STRUCTURES ARE MEANT TO LOOK LIKE? YES. OKAY.
SO THESE ARE THE TYPE OF GARAGES THAT A TENANT CAN ESSENTIALLY PAY EXTRA MONTHLY RENT TO HAVE SOMEWHERE TO PARK THEIR CAR OR WHAT HAVE YOU OR WHAT IS THIS? IS THIS ENCLOSED ENTIRELY? THEY ARE ENCLOSED AND YES, THEY'RE THERE.
SO THESE WOULD BE AMENITIES TO THE PROPERTY.
THEN THEIR AMENITIES, THEY'RE EXTRAS, THEY'RE ACCESSORIES.
THEY'RE STILL ACCESSORIES, ACCESSORY STRUCTURES.
THEY ARE ACCESSORY STRUCTURES.
RIGHT. I DON'T DISAGREE WITH YOU.
OKAY. SO, UM, HELP ME UNDERSTAND MORE HOW NOT PLACING THESE ALONG THE ROAD IS GOING TO TAKE DOWN THESE TREES.
BECAUSE I JUST. I LISTENED VERY THOROUGHLY.
OKAY. BUT WOULD IT BE SO KIND TO TELL US WHAT DOCUMENT YOU'RE POINTING TO? WELL, MINE SAYS IT SHOULD HAVE BEEN THE LAST PAGE IN THE DOCUMENT, BUT IT MAY HAVE BEEN THE ONE BEFORE BECAUSE I THINK MY ORDER MIGHT BE A LITTLE DIFFERENT THAN YOURS.
THEY WERE NOT NUMBERED, BUT IT'S THE ONE.
IT'S THE NEXT TO LAST OR IT'S NEXT TO THE RENDERING PAGE.
IT'S TWO PAGES THAT LOOKS LIKE THIS.
SO TO RESTATE, TO ENSURE UNDERSTANDING, MA'AM, THIS PHOTO IS WHAT YOUR CLIENT CURRENTLY HOPES TO DO.
IF THEY GET THE VARIANCE WITH THE ACCESSORY STRUCTURES.
AND WHAT YOU'RE PRESENTING TO US WITH THIS LAST PHOTO IS THEIR ALTERNATIVE PLAN.
IF THE VARIANCE IS DENIED AND THEREFORE THE TREES.
AT THIS TIME, SIR, THAT'S GOING TO CONCLUDE MY QUESTIONS.
THANK YOU. DOES ANYONE ELSE HAVE ANY QUESTIONS FOR THE APPLICANT? JEFFREY? MY QUESTION.
THANK YOU FOR YOUR PRESENTATION.
WHY WAS THAT ERROR MADE? I WASN'T THERE.
MY UNDERSTANDING IS BECAUSE WHEN THEY PRESENTED THIS FOR THE PRE APP WITH THOSE GARAGES THERE, NO ONE TOLD THEM THEY COULDN'T DO IT AND THEY THOUGHT IT WAS A PRIMARY STRUCTURE BECAUSE THEY WERE ATTACHED TO THE BUILDING, THEY'D BE A PRIMARY STRUCTURE.
THANK YOU. ANY OTHER QUESTIONS OR COMMENTS? THANK YOU, ROSEN. THANK YOU.
AT THIS POINT, I WILL OPEN UP THE THE PUBLIC HEARING AND ASK, IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION? ANYONE WHO WISHES TO SPEAK OPPOSED TO THE APPLICATION? MA'AM, IN THE FRONT ROW HERE.
OKAY. WE CAN'T SEE WHAT YOU GUYS ARE LOOKING AT.
DO WE HAVE THE RIGHT TO SEE IT SINCE IT'S AFFECTING OUR HOMES RIGHT THERE AND WE DON'T KNOW WHAT WE'RE LOOKING AT? BUT I HAVE THE ORIGINAL PICTURES FROM THE DEVELOPER THAT CAME TO OUR PARK TO SELL US THIS BILL OF GOODS.
AND THERE ARE NO PARKING GARAGES IN ANY OF HIS PICTURES.
FINALLY WE GET TO SEE WHAT WE'RE LOOKING AT.
WHERE ARE THESE PARKING GARAGES? KIMBERLY, LOOK, THEY'RE NOT HERE.
I'VE GOT IT ALL DOCUMENTED THE BACK.
I UNDERSTAND. BUT NOW THIS IS THE FRONT.
NEVER WAS. THERE WERE NEVER THERE.
I HAVE ALL OF THE PICTURES FROM THE MEETING WITH THAT DEVELOPER.
AND THERE ARE NO PARKING GARAGES IN ANY OF THESE PICTURES.
THAT STATE STAMPED IN TIMES THAT I CAN'T CHANGE ANYTHING.
OKAY. YOU KNOW THAT I'VE BEEN UP HERE.
I GAVE YOU THOSE POSTERS OF WHAT THEY'RE KILLING.
THERE'S OVER 18 100 YEAR OLD OAK TREES IN.
THEY HAVE THE BIG RED X'S ON THEM.
TURTLES, SANCTUARIES, THE ALLIGATORS, THE MANATEES.
MA'AM, THE THE PROJECT ITSELF, THE PROPERTY HAS ALREADY BEEN APPROVED.
[00:25:04]
THE ONLY QUESTION THAT WE'RE DEALING WITH IS WHETHER TO GRANT A VARIANCE FOR THE PARKING GARAGES.BUT THEY WERE NEVER IN THEIR ORIGINAL PLANS.
I UNDERSTAND THAT. DID YOU FILL OUT A COMMENT CARD? THANK YOU. NO, NO, NO.
THAT'S OKAY. THANK YOU. I JUST WANT TO MAKE SURE YOU FILLED ONE OUT.
YEAH. SO DO WE GET TO TAKE ONE OF THESE TO LOOK AT? YES, SURE. YOU CAN TAKE IT BACK.
KIM SAID. CAN SHE HAVE THAT? OKAY, THAT'S GREAT.
BUT SO IF THIS IS FOR THE VARIANCE, THEY NEVER PUT THEM ON THE PLAN.
THAT'S THE ONLY THING THAT IS UNDER DISCUSSION TONIGHT.
OKAY. THANK YOU. ALL RIGHT. YOU'RE WELCOME.
ANYONE ELSE, MA'AM? IN THE BACK HERE? YES. HI, MY NAME IS KIM FITCH. I LIVE AT 3000 INDIAN RIVER, WHICH IS DIRECTLY BEHIND THE SITE OF THE PROJECT.
WELL, THEY'RE WORKING ON APPROVAL FOR THE LAST FEW PERMITS.
THEY NEED TO BE ABLE TO FINALLY FINALIZE THE SALE, SO YOU MIGHT AS WELL FORGET IT.
WELL, MAYBE IT IS FINALIZED, BUT I'M NOT GOING TO FORGET IT.
WHETHER IT'S A DONE DEAL OR NOT.
I'M JUST WONDERING WHY THE CITY WOULD GIVE UP THIS LITTLE BIT OF COASTAL LAND INTERCOASTAL.
MIND YOU, THAT'S PALM BAY DOES NOT HAVE A TON OF INTERCOASTAL BY GIVING THIS INTERCOASTAL UP TO AN A, WHICH WE WERE IN THE IMPRESSION IT WAS LUXURY APARTMENTS TONIGHT I NOTICED WHEN SHE SAID IT WAS JUST APARTMENTS, BUT I KNOW IT'S NOT ON THE AGENDA, BUT I'M ASKING THIS.
AND THEY HAVE A PUBLIC COMMENTS AT THAT POINT.
AND YOU CAN YOU CAN ADDRESS THE ENTIRE PROJECT AT THAT TIME.
I WILL. BUT WHAT I'M LEADING UP TO IS GOING TO ASK PERMISSION FOR ONE THING IS ALL I'M SAYING.
WELL, ALL I'M SAYING IS JUST GIVE ME ONE MINUTE TO ADDRESS EVERYBODY HERE FOR ONE MINUTE, PLEASE.
SO OBVIOUSLY THE DONE DEAL IS WHAT YOU'RE SAYING.
THE PROJECT HAS BEEN APPROVED.
ALL WE ARE CONSIDERING NOW IS THE WATER DOWN THERE HAS BEEN APPROVED ALREADY.
ALL WE ARE CONSIDERING TONIGHT IS THE VARIANCE FOR THE PARKING GARAGE.
THIS PROJECT HAS BEEN APPROVED.
CAN I PERSONALLY ASK EACH AND EVERY SINGLE ONE OF YOU? NO, MA'AM. NO. EACH AND EVERY ONE OF YOU.
PLEASE COME TO MY HOME AND SEE WHAT YOU ALL ARE SAYING YES TO.
YOU CAN ONLY ADDRESS THE CHAIR AT THIS BOARD MEETING.
YOU MIGHT AS WELL SAY, I'M GOING TO JUST WASH MY HANDS.
BUT I PERSONALLY SEND AN INVITATION TO EVERY SINGLE ONE OF YOU.
PLEASE COME TO MY HOME AND JUST SEE WHAT YOU'RE SAYING YES TO.
IF I MAY, MR. CHAIR, ON PAPER, MR. CHAIR, IF I MAY, PLEASE.
THIS SITE PLAN HAS NOT BEEN APPROVED, SO WE'RE WE'RE.
THERE CAN BE CHANGES MADE TO IT.
THE PROJECT CLEAR THE ZONING HAS BEEN APPROVED, THE ZONING HAS BEEN APPROVED FOR THIS PROJECT.
I'M INVITING EACH AND EVERY ONE OF YOU.
MA'AM, PLEASE COME TO MY HOME AND SEE WHAT YOU REALLY IS SAYING YES TO.
THANK YOU, MA'AM. ON PAPER, IT'S ONE THING IN PERSON.
TOTALLY. ALL WE ARE SAYING TONIGHT IS YES OR NO TO A 20 FOOT VARIANCE FOR THE PARKING GARAGE.
OKAY, MR. CHAIR. POINT OF ORDER, MA'AM.
YOU'RE OUT OF ORDER AT THIS POINT, FOLKS.
WE CAN'T UNDERSTAND YOU WHEN YOU YELL PASSIONATELY WITHOUT A MICROPHONE.
MR. OLSHEVSKY, YOU ARE OUT OF ORDER.
NO. YOU HAVE SOMETHING TO SAY.
WELL, I CAN CALL A POINT OF ORDER.
ASK THE ATTORNEY. I CALL THE POINT OF ORDER.
THIS MEETING IS OUT OF ORDER, SIR.
THAT'S ENOUGH. THIS IS OUT OF ORDER, SIR.
I'M SORRY. IS THERE ANYONE ELSE WHO WISHES TO SPEAK REGARDING THE VARIANCE, MA'AM? HOW? HELLO.
I LIVE AT 3018 INDIAN RIVER DRIVE.
I LIVE WITHIN 500FT OF THIS PROPOSED BUILDING.
I FIND IT INTERESTING THAT IT SAYS HERE THAT FIT IS ASKING FOR THE VARIANCE FOR THIS PARKING GARAGE. WHY ISN'T THE PEOPLE THAT ARE BUILDING THIS DEVELOPMENT ASKING FOR THE VARIANCE? IS IT BECAUSE THEY ALREADY GOT ONE VARIANCE AND THEY'RE AFRAID THEY'LL GET TURNED DOWN SO THEY'RE GOING TO HAVE FIT ASKS SO IT GOES THROUGH.
[00:30:06]
SO THAT'S INTERESTING.AND THE BUILDING IS TOO BIG FOR THE PROPERTY.
AND LIKE SHE SAYS, IF YOU CAME TO I LIVE, I'M GOING TO LIVE.
I LIVE DIRECTLY BEHIND THIS BUILDING.
THEY DON'T EVEN NEED BINOCULARS TO LOOK INTO MY LIVING ROOM.
OKAY, MA'AM. HOW CLOSE? MA'AM.
THAT'S ALL WE'RE DISCUSSING RIGHT NOW.
VARIANCE. THEY DIDN'T CARE ABOUT THE TREES BEFORE.
SO THE BUILDING IS SO BIG THAT THEY HAVE TO HAVE THE LAND TO PUT THE BUILDING ON.
THAT'S WHAT THEY CAN'T HAVE THE PARKING AROUND THE BUILDING ANYMORE.
THAT'S WHY THEY NEED THE PARKING GARAGES.
SO THEN YOU'RE GOING TO HAVE THESE CEMENT BUILDINGS ALONG US, ONE THAT'S GOING TO BLOCK OUT THE BREEZE AND YOU'RE GOING TO HAVE A 6 OR 7 STORY BUILDING AND THEN THERE'S NO BREEZE AND THEN YOU'RE NOT EVEN GOING TO GET TO SEE ACROSS THE WATER.
IT'S JUST THE FACT THAT THE BUILDING IS TOO BIG.
SO THEY WENT AHEAD AND THEY WERE GOING TO BUILD THE BUILDING AND CEMENT AND STEEL.
NOW THEY'RE BUILDING THE BUILDING IN WOOD.
OKAY. AGAIN, MA'AM, YOU'RE GETTING OFF THE SUBJECT.
OKAY. SO ANYWAYS, I'M ASKING YOU, THIS IS MY LAST CHANCE TO TRY AND STOP THIS.
IF THEY CAN'T HAVE THE PARKING, MAYBE THEY CAN'T BUILD THERE.
AND THEY PUT THAT MONSTROSITY THERE.
IT'S NOT GOING TO EVER BE THE SAME.
ALL RIGHT. THANK YOU. DID YOU FILL OUT A COMMENT CARD? I WROTE A LETTER.
DID YOU ALL READ IT? YES, MA'AM.
MA'AM. ELIZABETH LEE, PLEASE READ IT.
IT'S HEARTFELT. YES. YES, MA'AM.
WE'RE IN POSSESSION OF THE LETTER.
ALL RIGHT, SO TOMORROW NIGHT WE CAN COME AND DO THIS AGAIN.
WHEN WILL THIS BE HEARD BY CITY COUNCIL? TOMORROW NIGHT. YES, MA'AM.
I'LL BE HERE. DID YOU FILL OUT A COMMENT CARD, INCIDENTALLY? YES. THANK YOU. OKAY.
IS THERE ANYONE ELSE WHO WISHES TO SPEAK? BILL? FIVE AND 86 OCEAN SPRAY STREET SOUTHWEST. I'VE GOT FIVE ITEMS TO ADDRESS ON THIS ONE.
IT'S A CASE OF BAIT AND SWITCH.
WE TELL YOU THIS, BUT THIS IS WHAT GETS PRESENTED LATER.
ITEM NUMBER TWO, THEY'RE ASKING TO VACATE 20.
THAT'S 100% OF THE SETBACKS THEY'RE ASKING FOR.
RURAL RESIDENTIAL HOMES HAVE TO HAVE A 50 FOOT SETBACK.
SO WHY WOULD YOU WANT YOUR COMMERCIAL EVEN CLOSER TO THE ROAD THAN WHAT YOU WANT FOR YOUR RESIDENTIAL HOUSING? OKAY. ITEM NUMBER THREE.
FUTURE LAND GROWTH OR FUTURE GROWTH OF US ONE EXPANSION.
IF THEY PUT THESE AUXILIARY BUILDINGS THIS CLOSE TO THE ROAD, THAT'S GOING TO TAKE AWAY ANY ANY FUTURE POTENTIAL CAPABILITY IF WE EVER HAVE TO OF EXPANDING US. ONE, I'M ONLY THINKING OF THE FUTURE.
ITEM NUMBER FOUR, I RECOMMEND LISTENING TO STAFF AND NOT APPROVE THIS VARIANCE REQUEST.
THEY GAVE YOU THE REASONS WHY AND THEY SAW SWAY OF SOME OF THE OTHER PEOPLE DO.
I KNOW FIT IN PALM BAY HAVE A MUTUAL RESPECT FOR EACH OTHER RIGHT NOW.
UNFORTUNATELY, THIS TYPE OF ACTION CAN HAVE A TAINT, A TAINTING WITH THAT RELATIONSHIP.
THEY'RE REQUESTING 100% OF A SETBACK.
THANK YOU, BILL. IS THERE ANYONE ELSE, SIR? STOP SAYING I'M BRAD KENYON AND I'M AT THE MARINA DIRECTLY NORTH 4350 DIXIE HIGHWAY.
AND THE SETBACKS WERE PUT IN FOR A REASON.
THE ROAD WILL VERY LIKELY BE WIDENED IN THE FUTURE.
I SEE NO REASON TO BUILD A PROPERTY RIGHT UP NEXT AND ELIMINATE THE FRONT SETBACK.
I THINK IT COULD BE A LITTLE DANGEROUS, TOO, AND I'M AGAINST IT.
[00:35:18]
GOOD EVENING, COMMITTEE MEMBERS.I'M AT 1316 TURKEY CREEK DRIVE IN PALM BAY, FLORIDA.
I AM HERE TODAY TO SPEAK OUT AGAINST THE VARIANCE FOR THE RIVER'S EDGE.
THIS BAIT AND SWITCH TACTIC THAT HAS BEEN REQUESTED BY THE CURRENT LAND OWNER, MR. KING AT THE FLORIDA INSTITUTE FIT AS WE KNOW IT.
IT WAS ALSO A RESOUNDING NO THROUGHOUT THE COMMUNITY THAT WE DIDN'T WANT THE BUILDING THERE TO BEGIN WITH, MUCH LESS TO DISTURB THE WILDLIFE HABITAT THAT ENCOMPASSES OUR COMMUNITY, WHICH IS THE REASON WE WILL NOT WASTE OUR TIME.
MR. WEINBERG ON THE MONSTROSITY OR THE POTENTIAL DESTRUCTION OF THE PROPERTY THAT'S BEING PROPOSED BY AN OUT-OF-STATE DEVELOPER THAT TYPICALLY SELLS THE PROJECTS THAT THEY PLAN AND DEVELOP BEFORE THE COMPLETION.
SO THERE WILL BE NO COMMITMENT HERE.
THE BAIT AND SWITCH TACTICS THAT IS BEING USED HERE BY THESE ATTORNEYS OR LAND PLANNERS ARE IN DIRECT CONFLICT WITH THE 30, 40, 50 YEAR RESIDENTS THAT HAVE OCCUPIED THIS AREA.
THE TURKEY CREEK SANCTUARY IS A HAMMOCK.
MA'AM, I JUST WANT TO BRING YOU BACK TO THE SUBJECT.
I'M TALKING ABOUT THE VARIANCE, SIR.
SO IF YOU COULD NOT INTERRUPT ME, I HAVE A FEW MINUTES.
AND IF I HAVE EXTRA TIME, HE'S DEFERRING HIS MINUTES TO ME.
BUT I WOULD LIKE TO ADDRESS YOU SPECIFICALLY.
I'LL WAIT FOR YOU TO ADDRESS THE VARIANCE.
PLEASE. I AM ADDRESSING THE VARIANCE.
GO AHEAD. CAN I START AGAIN? YOU CONTINUE. OKAY.
THE HAMMOCK MEANS THAT IT THRIVES TOGETHER.
THAT THESE TREES THRIVE ON EACH OTHER.
THAT RIPPING OUT ONE TREE AFFECTS THE ONE NEXT TO IT AND THE ONE NEXT TO IT.
IT IS A PROTECTED HAMMOCK IN FLORIDA.
THIS IS AN OAK HAMMOCK THAT WE HAVE PLATS THAT DATE BACK TO 1893.
SO WHEN YOU START JUST REMOVING TREES AND RELANDSCAPING, THAT'S NOT HOW AN OAK HAMMOCK WORKS.
THIS IS PART OF OUR ENVIRONMENT.
THIS IS WHAT MAKES OUR ENVIRONMENT THRIVE.
THIS IS WHAT MAKES TURKEY CREEK.
THESE ARE NOW CONSIDERED ANGEL OAK HAMMOCKS BECAUSE THEY ARE OVER 120 YEARS OLD.
THE IMPACT THAT THIS IS GOING TO HAVE ON THE ENVIRONMENT TO NOT ONLY US, BUT ALL OF THE 120 SPECIES OF SUBTROPICAL PLANTS AND ANIMALS THAT THRIVE, INCLUDING AMERICAN BALD EAGLES, GOPHER TORTOISES, MANATEE HABITAT, ALLIGATORS AND 36 ENDANGERED AND THREATENED SPECIES OF OTHER ANIMALS, NOT TO MENTION THE MANGROVES THAT ARE RETAINING OUR SOIL, WHICH IS WHAT WE ARE TRYING TO PLANT.
WHY WOULD WE RIP THESE OUT? ONE MOMENT AND THANK YOU FOR YOUR TIME.
JUST LAST YEAR, THIS COMMUNITY SUFFERED THROUGH A TREMENDOUS AMOUNT OF LAND DISTURBANCE BY PILINGS BEING DRIVEN INTO THE MOUTH OF THIS RIVER JUST TO THE NORTH OF OUR DEVELOPMENT, WHICH CAUSED DAMAGE TO THE INTERIORS OF OUR HOMES.
SO THE PILINGS THAT WENT IN FOR THE RAILROAD THAT WENT 35FT DOWN AFFECTED THE HAMMOCK AND THE PROPERTY THAT IS CURRENTLY EVEN BEING DISCUSSED HERE TONIGHT. WE'VE ALREADY SUFFERED THOSE INJURIES, NOT TO MENTION 32 MORE TRAINS EVERY DAY AFFECTING THE LAND THAT IS CURRENTLY IN QUESTION, WHICH IS WE'RE ASKING THAT, YOU KNOW, WE'RE BEING DISPLACED IS WHAT'S HAPPENING.
WE'RE BEING CHOKED OUT ON BOTH SIDES OF THE RIVER.
MA'AM, I'M GOING TO ASK YOU TO WRAP IT UP BECAUSE YOU'RE GOING.
PLEASE WRAP IT UP. I'M ALMOST DONE.
THANK YOU, SIR. WE ARE REQUESTING THAT YOU DO NOT ALLOW THEM TO REMOVE ANY OF THESE ANGEL OAKS IN
[00:40:09]
THE HAMMOCK AND THAT YOU JOIN US WITH THE COUNTY MANAGER IN DENYING THIS VARIANCE.AND ANY OTHER VARIANTS THAT COMES BEFORE YOU ON THIS PROPERTY.
WE WON'T EVEN GET STARTED WITH THE ENGINEERING REPORTS THAT HAVE BEEN PROVIDED TO SUPPORT THIS VARIANCE THAT ARE COVERING THEMSELVES BY UNDERLINING THE ENDANGERMENT WITH REGARDS TO THE IMPACT OF THE SURROUNDING HOMES.
WE HAVE 200 PLUS RESIDENTS IN THIS COMMUNITY.
AND WE HOPE THAT TONIGHT YOU GUYS WILL DO THE RIGHT THING AND JOIN US IN DENYING THIS VARIANCE AND SHOWING THEM THAT THE BAIT AND SWITCH TACTICS WON'T BE DONE HERE BY THE BIG OUT-OF-STATE DEVELOPERS IN PALM BAY, FLORIDA, THAT WE SO COVET AND LOVE AND LIVE IN OR JOIN US IN THE HUMAN CHAIN THAT WILL PROTECT THE PROPERTY.
WITH THAT, WE'VE ALREADY DECIDED THAT, YOU KNOW, SOMETHING, THAT WE WOULD LIKE TO HAVE THE SUPPORT OF OUR COUNCIL AND OUR COUNCIL MEMBERS AND OUR COMMITTEE MEMBERS, AND WE DO THANK YOU FOR YOUR SERVICE AND WE THANK YOU FOR HAVING US HERE TONIGHT AND HAVE A GOOD EVENING.
THANK YOU, MA'AM. IS THERE ANYONE ELSE WHO WISHES TO SPEAK? OKAY. SEEING NONE AT THIS POINT, I'LL I'LL ASK MISS RESNICK IF SHE WANTS TO RESPOND TO SOME OF THESE COMMENTS.
KIM, IS THAT YOUR BOOK? THAT'S WHAT I'M ASKING.
GOOD EVENING. KIM ROSENKER ON BEHALF OF THE APPLICANT.
THIS WASN'T A BAIT AND SWITCH.
I'LL ADMIT THAT, BECAUSE I DIDN'T HAVE IT AT THAT TIME.
IT'S DATED OCTOBER 6TH, SO IT'S NOT A BAIT AND SWITCH.
BUT THIS WAS A CONCEPT PLAN TO SUPPORT THE CONCEPT THAT WAS BEING BUILT HERE.
AND THE IRONY HERE IS THEY WANT TO SAVE THESE LARGE TREES ALONG THE ROAD.
IT'S IN SITE PLAN. IF THEY MEET, THE CODE SITE PLAN WILL BE APPROVED.
RIGHT NOW, WE'RE DEALING WITH THIS VARIANCE ISSUE.
THEY'RE GOING TO BE TAKEN DOWN IF IF THEY DON'T GET THE VARIANCE.
AND THAT'S THE UNIQUE CRITERIA FOR THAT WE'RE SEEKING THE VARIANCE UPON.
SO THE CODE KIND OF DOESN'T MAKE ANY SENSE.
IT SEEMS IRONIC THAT THEY WOULD NOT WANT TO KEEP THE TREES TO HAVE SMALL BUILDINGS ALONG THE ROAD WHEN THE VFW ACROSS THE WAY IS RIGHT ON THE ROAD AS WELL. SO WITH THAT, I WOULD ASK THAT YOU SUPPORT THE VARIANCE AND APPROVE THE VARIANCE AS REQUESTED.
OKAY. THANK YOU. MR. SINGKAM. AT THIS POINT, I'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION OR DISCUSSION.
AND FOR STAFF THE DOCUMENTS THAT WERE PRESENTED TODAY, THE STAFF.
HAVE THESE DOCUMENTS AND REVIEWED THEM PRIOR TO RENDERING ITS DECISION TO DENY THE VARIANCE.
I'M GOING TO TAKE THE PLACE OF OF TANYA FOR THIS BECAUSE, AS MISS ROSENKER RIGHTLY POINTED OUT, WHEN I CAME ON BOARD AND THIS THIS VARIANCE WAS PLACED IN FRONT OF ME.
MY REQUEST WAS FOR ITERATIONS OF THE SITE PLAN THAT SUPPORTED THEIR REQUEST, THAT THEIR HARDSHIP WAS BECAUSE OF THE TREES.
AND SO TO ANSWER YOUR QUESTION, WE JUST GOT THESE MAYBE YESTERDAY OR THE DAY BEFORE, MAYBE MONDAY.
UM, THEIR CONTENTION THAT THIS WAS PLACED IN FRONT OF WAS PART OF THE PACKET.
THIS, THIS CONCEPTUAL PLAN DURING REZONING IS CORRECT AND YET THE BUILDINGS OUT FRONT WERE NEVER IDENTIFIED AS GARAGES, WHICH ARE TYPICALLY KNOWN AS ACCESSORY BUILDINGS.
SO TO USE THAT ARGUMENT IS VALID CERTAINLY, BUT IT IS A CONCEPTUAL PLAN.
[00:45:07]
AND AS YOU LOOK AT THE CONCEPTUAL PLAN AND YOU LOOK AT THE SITE PLAN THAT'S IN IN UNDER REVIEW TODAY, THEY DO NOT MATCH.SO TO TO UTILIZE THAT ARGUMENT AS THE BASIS FOR WHY THEY HAVE TO BE UP FRONT.
IT DIDN'T TRACK AND IT DOESN'T RESOLVE THE ISSUE THAT THESE GARAGES COULD GO SOMEWHERE ELSE.
HOWEVER, I'M GOING TO BRING IT BACK AROUND TO THE TREES BECAUSE THE APPLICANT IS CONTENDING THAT THEY NEED THESE GARAGES UP FRONT WITH NO SETBACK IN ORDER TO SAVE THE TREES.
SO IN MY DISCUSSIONS WITH THE APPLICANT, I ASKED AGAIN REPEATEDLY WHY AND SO THEN I THINK IT'S VERY IMPORTANT THAT YOU UNDERSTAND WHAT THEY'RE BRINGING TO YOU.
AND I'M SORRY I'M DOWN HERE, BUT WE SEE YOU.
IT'S MORE IMPORTANT THAT YOU SEE THE PLAN.
SO I DON'T KNOW WHAT NUMBER PLAN THIS IS.
IF IT'S IN FRONT OF YOU, IS IT THIS ONE? SO THE SITE PLAN THAT'S IN FRONT OF YOU.
OKAY. WE HAVEN'T CAUGHT THAT YET IN REVIEW.
BUT BECAUSE THEY'RE DOING THAT, IT'S ALLOWING THEM TO HAVE LARGER ISLANDS SO THAT THEY CAN SAVE SOME OF THE TREES UP FRONT.
SO THAT'S WHY WHEN THEY THEN SHOW YOU THIS DESIGN AND THEY'RE PUSHING THE PARKING TO THE FRONT, THEY'RE TAKING DOWN ALL THE TREES NOW.
OKAY. I'M GOING TO PRESENT TO THIS COUNCIL OR THE BOARD.
I APOLOGIZE THAT STAFF FEELS FAIRLY STRONGLY THAT THIS SITE PLAN IS NOT THROUGH REVIEW AND THAT THERE'S GOING TO BE SOME ADDITIONAL QUESTIONS AND THERE MAY BE SOME ADDITIONAL CHANGES BASED ON MAINLY THE PERMITTING AGENCIES.
I DON'T KNOW IF THIS IS THE PLACE TO DO THAT, BUT THAT IS WHY STAFF HAS HAS DENIED THIS OR RECOMMENDS DENIAL OF THIS VARIANCE BECAUSE THEY HAVEN'T REALLY PROVEN THAT THEY HAVE TO HAVE THOSE GARAGES THERE IN ORDER TO SAVE THE TREES.
WE CONTEND THAT SITE PLAN HAS NOT BEEN APPROVED.
IT IS STILL UNDER REVIEW AND DIFFERENT ITERATIONS ARE GOING TO BE REQUIRED FOR THIS.
I DON'T KNOW IF THIS IS SOMETHING THAT CAN BE IF IF A VARIANCE IS DENIED BY COUNCIL TOMORROW NIGHT, THEY CANNOT COME BACK FOR A VARIANCE FOR ANOTHER YEAR.
THAT SAME VARIANCE, AM I CORRECT, MICHAEL? I'VE BEEN READING THE CHANGES. I CAN'T I DON'T RECALL.
NOW, PLEASE CONFIRM WHETHER IT'S SIX MONTHS, NOT A YEAR.
IT'S SIX. IT'S SIX MONTHS, I BELIEVE.
IF THERE'S A IF THERE'S A LARGE CHANGE IN THE REQUEST, OTHERWISE IT'S A YEAR.
OKAY. SO I JUST WANT TO POINT THAT OUT, THAT, YOU KNOW, MAYBE IT CAN BE TABLED IF THAT'S WHAT THE APPLICANT WANTS AS THEY GO THROUGH THEIR FINAL SITE PLANNING.
I, I DON'T FEEL THAT THEY HAVE PROVEN A HARDSHIP IN THIS DESIGN, THIS PARTICULAR DESIGN FOR SAVING THE TREES WHICH IS REQUIRED BY CODE.
SO. THAT STAFF'S RECOMMENDATION.
SO ANY OTHER QUESTIONS OR COMMENTS? IF NOT, CAN I GET A MOTION, PLEASE? I HAVE A QUESTION, SIR.
WHO'S THE AGENCY THAT APPROVES THE PERMITS FOR REMOVING THE OAKS? SUBMITTED IT. IT'LL BE THE CITY.
SO IS MISS XENCOR'S ASSERTION THAT IF THE VARIANCE ISN'T APPROVED, THAT THE TREES WILL GO? BUT THAT'S NOT NECESSARILY TRUE.
THAT'S MEANS THAT HER CLIENT WILL APPLY AND ASK FOR PERMITS TO REMOVE THE TREES BASED UPON THE SECOND PLAN THEY MADE, RIGHT? WELL, THAT IS CORRECT, YES.
OKAY. SO AT THE END OF THE DAY, NO TREE GOES UNTIL THE CITY OF PALM BAY SAYS SO.
[00:50:02]
WELL, OKAY. YES.OKAY. THANK YOU FOR THAT CLARIFICATION.
THE OTHER CLARIFICATION I NEED IS ON ANOTHER ONE OF MR. XENCOR'S ASSERTIONS THAT THE ENTIRE BUILDING COULD MOVE ALONG US.
ONE SECTION EIGHT, PARAGRAPH G, EXCUSE ME, TALKS ABOUT BUILDINGS TALLER THAN 60FT.
MR. ZENKER SAYS THE BUILDING'S GOING TO BE APPROXIMATELY 64FT, SHALL BE STEPPED BACK A MINIMUM OF 20FT BEYOND THE 40 FOOT HEIGHT MEASUREMENT WHEN THE PROPERTY IS ADJACENT TO SINGLE FAMILY DEVELOPMENT, NOT SEPARATED BY WATERWAY, RAILROAD OR STREET.
DOES THAT APPLY TO THIS BUILDING? AND THEREFORE, WOULD THE BUILDING HAVE TO BE SET BACK A MINIMUM OF 20FT IF NOT GREATER, BECAUSE IT'S SO TALL? I'M GOING TO REFER TO JESSE SINCE HE'S MUCH MORE FAMILIAR WITH THE CODE THAN I AM.
THAT'S WHY I DIDN'T NEED IT. YES, YOU'RE CORRECT.
THIS APPLIES TO THAT BUILDING.
SO THIS BUILDING COULD NOT BE ON THE FRONTAGE.
US ONE WITH NO SETBACK, GIVEN OUR CODE.
THAT'S WHERE THEY NEED A BEER.
I MEAN, AS LONG AS IT'S IN THE HEIGHT OF OVER 60FT, THAT WOULD BE IN 64FT.
IT WOULDN'T BE ABLE TO DO THAT. OKAY.
THE OTHER QUESTION I HAVE FOR YOU, MA'AM, OR MR. ANDERSON OR REALLY ANY MEMBER OF STAFF, IS JUST FROM A PLANNING PERSPECTIVE.
AND WE'VE TALKED ABOUT YOUR CREDENTIALS, WHICH I APPRECIATE THAT WE HAVE THEM AT OUR DISPOSAL.
IS IT FEASIBLE TO HAVE COVERED PARKING IN A IN A DIFFERENT AREA OF THIS THIS CONCEPT PLAN JUST FROM A FEASIBILITY PERSPECTIVE? I? YES.
THOSE ARE ALL MY QUESTIONS. I'M SORRY, SIR.
I'M SORRY. I READ THE WRONG LINE.
YARD REQUIREMENTS IS ZERO FEET AND IT DOES NOT SPECIFY A HEIGHT.
WHAT ABOUT F? IT IS FOR F? IT DOES NOT SAY FRONT.
IT SAYS REAR AND SIDE YARD PROPERTIES HAVE TO MOVE REAR AND SIDE.
I READ THE WRONG PART FOR A SECOND.
TO CLARIFY, THERE IS AN INTENT, AS THEY HAD MENTIONED, FOR THE ACTUAL US ONE CORRIDOR BECAUSE IT IS IN THE URBAN MIXED USE DISTRICT, WHICH WAS FORMERLY THE BAYFRONT MIXED USE DISTRICT TO HAVE A DOWNTOWN TYPE FEEL WHERE YOU WOULD HAVE FACADES, PRIMARY AND PRINCIPAL USES UP ALONG THE US ONE CORRIDOR TO CREATE THAT CATCHMENT AREA THAT I APPEAL AND SO FORTH AND SLOW DOWN TRAFFIC.
WHAT IS NOT IN LINE WITH THE INTENT IN THIS INSERTION WOULD BE THAT THE ACCESSORY STRUCTURES ARE STILL ACCESSORY AND THEY'RE NOT A USE PER SE BECAUSE THEY ARE NOT A RESIDENTIAL USE, THEY ARE NOT A PRINCIPAL USE OF ANY SORT.
SO BECAUSE THEIR ACCESSORY STRUCTURE NATURE, THEY HAVE TO BE 20FT BACK.
THAT'S WHERE THE VARIANCE COMES INTO PLAY IS WHAT THEY'RE ASKING FOR IS FOR THAT.
OTHERWISE THEY COULD COME UP ALONGSIDE THE FRONT IF IT WAS A PRINCIPAL USE.
IT WOULD HAVE A BUILD TO LINE RATHER THAN A SET BACK.
I APPRECIATE THAT CLARIFICATION, SIR.
IF THERE ARE NO OTHER QUESTIONS OR COMMENTS, CAN I GET A MOTION, PLEASE? I'D LIKE TO MAKE A MOTION TO DENY THIS CASE.
EXCUSE ME. CASE V 20 3-00006 BASED UPON THE PREMISE THAT IT DOES, THE APPLICANT HAS NOT PROVEN THEIR HARDSHIP PER THE CITY CODES REQUIREMENTS.
AND WE HAVE A MOTION FROM MR. OLSZEWSKI, SECOND FROM MS. JORDAN ANY FURTHER DISCUSSION? ALL IN FAVOR OF THE MOTION TO DENY SAY AYE.
MOTION TO DENY IS CARRIED UNANIMOUSLY.
I JUST WANT TO ANNOUNCE TO THAT ANYONE WHO IS INTERESTED IN THE CASE NUMBER F D 23 00008.
THAT'S THE RAMBLEWOOD TOWNHOMES.
OKAY. OUR NEXT CASE, PLEASE, MR. WHITE. LET'S TAKE A SHORT, VERY SHORT RECESS WHILE THE ROOM CLEARS.
[NEW BUSINESS]
GO AHEAD. GOOD EVENING.STEPHEN WHITE, SENIOR PLANNER FOR GROWTH MANAGEMENT.
THIS CASE BEFORE YOU IS SF 20 3-0005.
THE APPLICANT IS C H M PALM BAY LLC AND JASON KENDALL IS AN ENGINEER OF RECORD.
THE PROPERTY IS LOCATED ON THE NORTHEAST CORNER AT THE INTERSECTION OF SAINT JOHNS HERITAGE PARKWAY, SOUTHEAST AND BABCOCK STREET, AND IT'S IN THE VICINITY OF CAPITAL DRIVE SOUTHEAST. FUTURE LAND USE IS COMMERCIAL IN THE EXISTING ZONING IS PLANNED UNIT DEVELOPMENT AND IS APPROXIMATELY 24.49 ACRES.
[00:55:07]
APPLICANT IS REQUESTING A FINAL PLAT FOR AN EIGHT LOT COMMERCIAL SUBDIVISION KNOWN AS CYPRESS BAY COMMERCIAL CENTER.PHASE ONE. CITY COUNCIL DID GRANT APPROVAL VIA ORDINANCE 2022 DASH 34 FOR A FINAL DEVELOPMENT PLAN OF CYPRESS BAY COMMERCIAL CENTER, PHASE ONE ON MARCH 17TH, 2023, AND STAFF RECOMMENDS FS 20 3-0005 FOR APPROVAL, AND STAFF AND THE APPLICANT ARE AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE. OKAY.
BOARD HAVE ANY QUESTIONS FOR STAFF? SEEING NONE. THANK YOU, STEPHEN.
AT THIS TIME, WILL THE APPLICANT PLEASE COME TO THE PODIUM? GOOD EVENING. MY NAME IS JASON KENDALL WITH WG ENGINEERING.
I'M HERE TO REPRESENT THE PROJECT.
AS STEVEN STATED, THE PROJECT'S BEEN RECOMMENDED FOR APPROVAL.
THE SITE PLAN HAS BEEN APPROVED, AND IT'S CURRENTLY UNDER CONSTRUCTION AT THIS TIME.
OKAY. BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? SEEING NONE. THANK YOU, SIR.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OR OPPOSE TO THIS APPLICATION? SEEING NONE. AT THIS POINT, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD.
BOARD DO YOU HAVE ANY QUESTIONS, COMMENTS OR EMOTION? OUR MOTION FOR APPROVAL.
APPROVAL? SIR, PRIOR TO GOING THROUGH THIS PROCESS, IF YOU ARE TO RECOMMEND APPROVAL FOR THIS, IT WILL NEED TO BE CONTINGENT UPON THE ACCEPTANCE OF CAPITAL DRIVE AS A RIGHT OF WAY BY CITY COUNCIL.
YOU UNDERSTOOD? I'VE GOT THAT NOTE.
THANK YOU, MR. GOOD. IF YOU WOULD MODIFY YOUR MOTION TO SUBJECT TO APPROVE THE DEDICATION OF CAPITAL DRIVE BEING ACCEPTED BY THE CITY.
DO WE HAVE A SECOND? A SECOND? WITH A REQUEST FOR DISCUSSION BEFORE A VOTE.
I'D LIKE TO FURTHER UNDERSTAND THAT POINT.
AND RIGHT NOW, CAPITAL DRIVE IS PRIVATELY OWNED BY, I BELIEVE, FOR STAR, WHO IS DEVELOPING THE RESIDENTIAL NEIGHBORHOOD TO THE EAST OF WHERE THIS COMMERCIAL CENTER WOULD BE.
WHAT IS GOING TOMORROW NIGHT IS THAT ROAD BEING DEDICATED BACK TO THE CITY CONTINGENT? EVERYTHING HAS BEEN MET AND INSPECTED BY PUBLIC WORKS.
SO TOMORROW NIGHT THAT WILL HAVE TO BE ACCEPTED PRIOR TO THIS FINAL PLAT BEING READ, WHICH WOULD PUT THEM IN COMPLIANCE WITH THE CODE, HAVING PROPERTIES WITH ACCESS FROM PUBLIC STREETS AND RIGHT OF WAY BEING GIVEN THAT ROAD GIVES US THE FISCAL RESPONSIBILITY OF MAINTAINING THAT ROAD.
CORRECT. DEDICATED BACK TO THE CITY, DEDICATED.
SO WE'LL HAVE TO MAINTAIN IT AFTER THAT AND MAINTENANCE BOND ASSOCIATED WITH THIS PROCESS.
NO, IT WILL BE JUST THAT SECTION THAT SEPARATES THE TRIANGLE TO THE NORTH AND THE SOUTH.
OKAY, SIR, THANK YOU. CLARIFY THAT.
WHAT'S BEING DEDICATED TO THE CITY? THAT IS ACTUALLY A PLATTED TRACT.
SO IT HAS ITS OWN LEGAL DESCRIPTION.
IT'S AN IT'S AN ACTUAL IT'S A LOT.
THIS PORTION WE'RE SPEAKING OF COLORED IN SOME WAY AS ITS OWN ENTITY.
WHAT I'M TRYING TO SAY, THE TRACK THAT'S BEING DEDICATED IS ACTUALLY A TRACT OF THE RESIDENTIAL PLAT TO THE EAST OF THIS SUBJECT PROPERTY THAT THAT TRACT IS ACTUALLY DEDICATED TO THE HOMEOWNERS ASSOCIATION FOR.
[01:00:05]
DEVELOPER CONTROLLED HOMEOWNERS ASSOCIATION.THE CITY'S RESPONSIBILITY WILL BE TO BASICALLY THE PAVEMENT AND THE ASPHALT OF THE ROAD.
BUT THERE WILL BE THERE'S A MAINTENANCE BOND FOR THAT.
THERE'S ALSO THEN OBLIGATIONS ON THE PART OF THE ASSOCIATION.
IF THE ASSOCIATION IS TO DEFAULT ON THOSE MAINTENANCE OBLIGATIONS WITHIN THE ROAD, THE MEDIAN, THE LANDSCAPING, THERE ARE THEN MECHANISMS WITHIN THAT AGREEMENT IN WHICH THE CITY CAN SEEK TO ENFORCE ITS RIGHTS TO SITE OR TO BRING AN ACTION AGAINST THE HOMEOWNER'S ASSOCIATION FOR BASICALLY ABANDONING THEIR MAINTENANCE OBLIGATIONS UNDER AN AGREEMENT IN WHICH THEY HAVE VOLUNTARILY AGREED TO.
I APPRECIATE THOSE LEGAL PROTECTIONS.
AM I TO UNDERSTAND THAT THAT'S NOT ACTUALLY A BRIDGE, BUT TWO DIFFERENT PONDS? HERE'S WHAT I'M WORRIED ABOUT, SIR.
I DON'T WANT THE BRIDGE WASHING OUT AND US BEING RESPONSIBLE FOR IT.
THAT'S NOT THE CASE BEFORE YOU TONIGHT.
THAT'S SOMETHING COMPLETELY DIFFERENT OUTSIDE OF THE PLAT OF THESE EIGHT PARCELS.
SO THAT CROSSING OVER THAT I SEE.
IS IT CROSSING OVER WATER OR ARE THOSE TWO BODIES OF WATER? I COULDN'T TELL YOU. THAT'S NOT PART OF THE REVIEW THAT WAS SUBMITTED WITH THE PLAN, SO I CAN'T SPEAK ON THAT.
WE DON'T PLAN THOSE. THE CYPRESS BAY PRESERVE.
ALL RIGHT. WE HAVE A MOTION AND A SECOND.
ANY FURTHER DISCUSSION? SEEING NONE. ALL IN FAVOR.
IT'S A CONDITIONAL USE APPLICATION AND THE OWNER AND APPLICANT IS ASCOT PALM BAY HOLDINGS, LLC AND IS REPRESENTED THIS EVENING BY CHRIS PONTELLO FROM BG INC.
THE PROPERTY IS APPROXIMATELY 3.57 ACRES.
THE ZONING IS COMMUNITY, COMMERCIAL AND THE FUTURE LAND USE IS COMMERCIAL.
AND THE REQUEST IS FOR A CONDITIONAL USE TO ALLOW FOR A PROPOSED SELF STORAGE FACILITY IN THE COMMUNITY COMMERCIAL DISTRICT IN ACCORDANCE WITH SECTION 185.043 9D9 OF THE PALM BAY CITY OF PALM BAY CODE OF ORDINANCES, AND THE RECOMMENDATION IS STAFF RECOMMENDS APPROVAL OF CASE Q 20 3-00007 AND STAFF IS AVAILABLE AND THE APPLICANT IS AVAILABLE IF YOU HAVE ANY QUESTIONS. IS THE BOARD HAVE ANY QUESTIONS FOR STAFF? MR. OLSZEWSKI. THANK YOU, SIR.
THANK YOU, MISS RAMOS, FOR YOUR PRESENTATION.
I'D LIKE TO ASK YOU, MA'AM, WITHIN THE COMMUNITY COMMERCIAL DISTRICT, ARE THERE HEIGHT RESTRICTIONS TO BUILDINGS? YES. SO WHAT DO THOSE ENTAIL? IN THE INSTANCE OF THE STORAGE FACILITY? WHAT WILL IT RESTRICT THE STORAGE FACILITY TO VERTICAL HEIGHT? I DON'T KNOW THAT OFF THE TOP OF MY HEAD FOR THE CONDITIONAL USE, THEY HAVE TO MEET THE REQUIREMENTS OF A CONDITIONAL USE.
AND THEN THERE ARE SPECIAL REQUIREMENTS FOR SELF STORAGE FACILITIES.
THE HEIGHT WOULD BE LOOKED AT SPECIFICALLY DURING THE SITE PLAN REVIEW, 70FT, 70FT.
SO DOES THAT CONSTITUTE THREE STORIES OR THAT JUST CONSTITUTES 70FT WITHIN TWO STORIES? CAN YOU CLARIFY WHAT YOU MEAN? BECAUSE THIS IS TWO STORIES IT COULD BE UP TO.
YES. IT ONLY CLARIFIES THAT IT COULD BE TWO STORIES.
SO TWO TIERS, TWO TIERS THAT COULD MAKE 70FT GO UP TO 70FT WITH YOUR TWO TIERS.
GO FOR IT. OTHERWISE, IT'S JUST TWO TIERS.
BUT TRADITIONALLY, THAT'S GOING TO BE UNDER 45FT.
RIGHT. YOU'LL NEED TO AMEND IT.
CORRECT. YOU HAVE TO GET AN AMENDMENT TO THE CONDITIONAL USE.
SO AT THIS TIME, THE APPLICANT IS NOT ASKING TO GO BEYOND AND HAVE THAT THIRD STORY.
SO THERE'S NO REASON FOR US TO BELIEVE THAT THEY'RE GOING TO CONSTRUCT A THREE STORY BUILDING.
THANK YOU. THANK YOU, MISS RAMOS.
THANK YOU. ANY OTHER QUESTIONS FOR STAFF? SEEING NONE. THANKS, MR. RAMOS.
OKAY. AT THIS POINT, I'LL ASK THE APPLICANT TO PLEASE COME TO THE PODIUM.
[01:05:11]
GOOD EVENING. I'M CHRIS PONTELLO WITH B.G.E.WE'RE THE ENGINEERS ON THE PROJECT.
CITY STAFF SUMMARY WAS WAS PRETTY THOROUGH.
IF YOU HAVE ANY QUESTIONS OR COMMENTS, I CAN ADDRESS THOSE.
OKAY. SO BOARD HAVE ANY QUESTIONS FOR MR. PONTELLO? MR. OLSAVSKY THANK YOU, SIR.
THANK YOU FOR SIR, FOR COMING AND PARTICIPATING IN OUR COMMUNITY.
HAVE YOU DONE PROJECTS LIKE THIS IN OUR COMMUNITY BEFORE? SURE. I'VE DONE QUITE A BIT OF STUFF HERE.
I USED TO BE ON P AND Z BOARD.
OH, THAT'S VERY NICE. HAVE YOU BUILT SELF STORAGE FACILITIES IN OUR CITY? NO. OKAY.
WHAT IS THE SCOPE AND SCALE? THAT AND OF COURSE, THIS ISN'T A SITE PLAN OR WHAT HAVE YOU, BUT WHAT DOES YOUR CLIENT OR YOURSELF HAVE IN MIND FOR THIS STORAGE FACILITY? IS THIS A RV AND BOAT STORAGE FACILITY? IS THIS A HOUSEHOLD ITEM? STORAGE FACILITY? WHAT IS THIS? NO, IT'S IT'S A SELF STORAGE FACILITY.
WITH ALL THE STORAGE UNITS INSIDE.
THERE'LL BE NO OUTSIDE STORAGE.
THERE'LL BE NO HAZARDOUS MATERIAL STORAGE.
WE'LL HAVE TO ABIDE BY ALL THOSE CONDITIONS IN THE CODE.
AND. AND IT SEEMS LIKE YOU'RE GOING TO DO A TWO STORY BUILDING.
IS THAT RIGHT? TWO STORY BUILDING.
THERE'S NO WAY IT'LL BE CLOSE TO 70FT.
UNDERSTOOD. AND EVERYBODY INVOLVED IN YOUR TEAM UNDERSTANDS WHAT TWO STORY MEANS.
WE HAVE TO GET SITE PLAN APPROVAL AFTER THIS.
IT'S AMAZING. THANK YOU FOR THAT CLARIFICATION ON YOUR PROJECT, SIR.
ANY OTHER QUESTIONS? OKAY. THANK YOU, MR. PONTELLO.
THANK YOU. AT THIS POINT, I WILL OPEN THE PUBLIC HEARING.
IS THERE ANYONE WHO WISH TO SPEAK IN FAVOR OF THIS BILL? BILL BATTEN, 586 OCEAN SPRAY STREET SOUTHWEST.
I'M IN FAVOR OF THIS, BUT I DO HAVE A COUPLE OF QUESTIONS WITH IT.
QUESTION NUMBER ONE IS, WHERE WILL THE ELEVATORS BE LOCATED? I COULDN'T SEE IT ANYWHERE. IN YOUR PLANS.
WHERE WERE THE ELEVATORS BE LOCATED TO GET TO THE SECOND FLOOR? HOPEFULLY THEY'RE GOING TO BE CLOSE TO THE LANDING ZONE ENTRANCES BECAUSE I COULDN'T SEE HOW THIS LAYOUT WAS GOING TO WORK.
AND WITH THAT, WE'RE LOOKING AT THE SITE PLAN OR CONCEPTUAL PLAN, I GUESS IT IS WITH ONLY FOUR FOOT DOORS AT THE LOADING AREA THAT IS FOUR FOOT DOORS, KIND OF SMALL FOR A LOADING AREA WHEN YOU'RE TRYING TO BRING IN HOUSEHOLD FURNITURE.
WITH THAT BEING SAID, I UNDERSTAND WHY THEY NEED TO DO IT.
THANK YOU, BILL. IS THERE ANYONE ELSE WHO WISHES TO SPEAK? MR. PONTELLO, DID YOU WANT TO RESPOND TO THAT QUESTION? ABOUT THE SIZE OF THE DOORS AND THE ACCESS TO THE SECOND FLOOR.
PLEASE COME TO THE PODIUM IF YOU WANT TO SPEAK.
YEAH, UNTIL WE GET THE BUILDING PLANS.
I CAN'T REALLY ADDRESS STUFF LIKE DOOR WIDTHS.
IT'S SOMETHING WE CAN TALK TO OUR CLIENT ABOUT.
MAYBE ONE OF THE DOORS CAN BE WIDER.
ANYTHING ELSE? ANY OTHER QUESTIONS? THE ELEVATORS PROBABLY WILL BE CLOSE TO THE ENTRANCE, ALTHOUGH LIKE I SAID, LIKE I SAID, WE DON'T HAVE BUILDING PLANS YET.
I UNDERSTAND THIS IS JUST THE THE BASIC APPROVAL, CONDITIONAL USE TO BUILD IT.
ANYONE. ANY QUESTIONS? COMMENTS. UM, I'LL MAKE A COMMENT THAT I DON'T FEEL COMFORTABLE WITH THE AMOUNT OF COMMERCIAL SPACE IN THIS AREA OR INSTITUTIONAL AT THAT.
DON'T FEEL COMFORTABLE WITH THIS PROJECT BEING LOCATED WHERE IT IS.
I DON'T THINK IT'S COMPATIBLE WITH THE AREA, SO I WILL HEAR WHAT MY BOARD MEMBERS HAVE.
BUT I WILL NOT SUPPORT THIS ITEM.
OKAY. ANYONE ELSE HAVE ANY COMMENTS? YES. I WOULD JUST LIKE THE DEVELOPERS TO CONSIDER THE ISSUE OF THE DOORS AND THE ELEVATORS.
WE GOT AN AGING COMMUNITY, PEOPLE MOVING STUFF.
SO IN YOUR PLANS, PLEASE CONSIDER THE ISSUE OF WHERE YOU LOCATE THE ELEVATORS.
[01:10:05]
OKAY. THANK YOU. I JUST WANT TO ADD MYSELF THAT THAT ACTUALLY THIS IS THE PERFECT LOCATION FOR STORAGE UNITS WITH ALL THE RESIDENTIAL GROWTH THAT'S GOING THAT'S GOING ON IN THIS AREA AND THAT'S COMING IN THIS AREA, THERE'S GOING TO BE A GREAT DEMAND FOR FOR FOR STORAGE.IT'S A IT'S A PERFECT LOCATION FOR IT.
SO DO WE HAVE A MOTION? YEAH, I'LL MAKE A MOTION TO RECOMMEND FOR DENIAL.
Q 20 3-00007 BASED ON A LACK OF COMPATIBILITY WITH THE AREA.
OKAY. IS THERE A SECOND? SEEING NONE MOTION DIES DUE TO LACK OF A SECOND.
DO WE HAVE ANOTHER MOTION MOTION TO APPROVE C U 20 3-0007 MOTION FOR MR. BOEREMA AND SECOND FROM MISS JORDAN.
ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY AYE.
EXCUSE ME. OUR NEXT CASE, PLEASE.
MS.. RAMOS. YOU'LL KEEP ME BUSY TONIGHT? YES, THIS IS CASE NUMBER Q 20 3-00013.
AND THESE LOTS ARE SPECIFICALLY 502, 514 AND 526 MARTIN ROAD SOUTHEAST.
THE TOTAL SITE IS APPROXIMATELY 2.03 ACRES.
THE CURRENT ZONING IS GENERAL COMMERCIAL AND THE FUTURE LAND USE IS COMMERCIAL.
AND THIS REQUEST IS FOR A CONDITIONAL USE TO ALLOW FOR A PROPOSED SELF STORAGE FACILITY IN THE GENERAL COMMERCIAL DISTRICT IN ACCORDANCE WITH SECTION 185 .0549 OF THE CITY OF PALM BAY CODE OF ORDINANCES AND STAFF RECOMMENDS CASE Q 20 3-00013 FOR APPROVAL AND STAFF AND THE REPRESENTATIVE ARE AVAILABLE FOR ANY QUESTIONS THE BOARD HAVE ANY QUESTIONS FOR STAFF. AND THANK YOU, MS..
RAMOS. WELL, MR. WISE. THANK YOU, JAKE WISE, CIVIL ENGINEER FOR THE PROJECT.
SO IT'S IN AN OLDER INDUSTRIAL SUBDIVISION AND IT IS LOCATED IN A UNIQUE LOCATION WHERE IT HAS VISIBILITY FROM I-95 AND BABCOCK STREET, BUT IT ACTUALLY IS WITHIN AN INDUSTRIAL SUBDIVISION ON A LOCAL ROAD THAT IS THERE TO MEET THE CRITERIA OF THE CONDITIONAL USE.
SO THERE'S SOME ARCHITECTURAL ENHANCEMENTS, AND WE WORKED VERY CLOSELY WITH THE CITY STAFF TO MODIFY NOT ONLY OUR SITE DESIGN AND OUR ARCHITECTURAL DESIGN TO BE COMPATIBLE WITH THE NEW CONDITIONAL USE CRITERIA.
AND AS THIS BOARD IS AWARE, YOU'VE SEEN A LOT OF THESE TYPES OF PROJECTS.
THIS IS ONE OF THE MOST QUIET, LOW TRAFFIC GENERATING USES THAT THERE IS.
SO FROM THE STAFF REPORT LOCATIONS THAT ARE ON LOWER CLASSIFIED ROADS SUCH AS OURS, MARTIN ROAD, SOUTHEAST, THE GROUND FLOOR RETAIL IS REQUIRED OR THE BUILDING SHALL BE SET BACK FROM THE ROADWAY.
WELL, WE WENT AHEAD AND DID BOTH.
THE DESIGN OF THE BUILDING BASICALLY EMANATES A CLASS, A OFFICE BUILDING.
IT'S A VERY ATTRACTIVE DESIGN.
THE THE BUILDING ITSELF FOLLOWS THE FLORIDA VERNACULAR STYLE, WHICH IS IN THE CITY CODE, AND IT HAS ADDITIONAL FEATURES LIKE A CANOPY.
IT'S GOT BAHAMA SHUTTERS DECORATIVE, THE LASER CUT ART PANELS THAT HAVE PALM MOTIF CUT INTO THEM.
IT'S A VERY ATTRACTIVE BUILDING AND WE WENT KIND OF ABOVE AND BEYOND BECAUSE OF ITS VISIBILITY FROM THOSE SIDE ROADS PLUS THE ACCESS ITSELF.
AS THIS BOARD IS VERY WELL AWARE, CONDITIONAL USE HAS EIGHT SEPARATE CRITERIA.
[01:15:01]
I WON'T GO THROUGH EACH ONE OF THEM UNLESS YOU WANT ME TO, BUT THE STAFF REPORT OUTLINES HOW WE MEET OR EXCEED EACH ONE OF THOSE EIGHT CRITERIA.THE DEVELOPER AND ARCHITECT IS HERE TONIGHT IN CASE THERE'S ANY QUESTIONS I CAN'T ANSWER.
BUT WE DO HAVE THE SUPPORT OF STAFF AND BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
OKAY. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR MR. WISE? MR. OLSZEWSKI? THANK YOU, SIR.
THANK YOU, MR. WISE, FOR BEING HERE THIS EVENING AND FOR YOUR PRESENTATION.
HELP ME, SIR, TO UNDERSTAND THE APPLICATION OF THE RETAIL SPACE.
IS THIS GOING TO BE SOMETHING WHERE THE STORAGE FACILITY HAS RETAIL SPACE, THEY SELL BOXES AND TAPE? OR IS THIS SOMETHING WHERE THEY'RE GOING TO LEASE OUT TO AN ENTIRELY DIFFERENT BUSINESS AND IT'S GOING TO BE TWO BUSINESSES COEXISTING.
SO IT WOULD BE RELATED TO THE SELF STORAGE.
AS YOU IDENTIFIED, AN INDUSTRIAL SUBDIVISION WOULDN'T HAVE A COMMERCIAL TYPE OF SPACE LIKE THAT.
IT JUST WOULDN'T BE MARKETABLE.
UNDERSTOOD. SO IT'LL BE THE SAME BUSINESS THROUGHOUT, RIGHT? YEAH. OKAY. IT'S A COMMERCIAL COMPONENT TO IT.
DO YOU PLAN TO GO THREE STORIES? WE IT WAS A FOUR STORY PROJECT.
SORRY. HERE WE GO. GOOD EVENING.
THE HEIGHT RESTRICTION IN THAT AREA IS 40FT.
WE PLAN TO GO CONCEPTUALLY AT 40FT.
YES, UNDERSTOOD. AT FOUR STORIES.
AT FOUR STORIES, THE BASE IS THE RETAIL, SO TO SPEAK, OF THE SELLING OF THE THINGS.
YES. AND ONE POINT OF CORRECTION.
THERE IS A SHIPPING FACILITY THAT IS PLANNED TO BE LEASED OUT SIMILAR TO AMAZON SHIPPING BOXES AND SO FORTH. SO SOMEBODY COULD GO IN THERE AND EITHER PICK UP A PARCEL OR OR DROP IT OFF.
YEAH, THEY'RE HANDLING THEIR SHIPPING NEEDS AND RECEIVING.
AN AUTO PART OR SOMETHING OF THAT NATURE.
RIGHT. SO YOU HOPE TO EMPOWER SOME OF THOSE SMALL BUSINESSES AROUND TO BE ABLE TO TO GROW.
YEAH. AND IT WOULD BE A COMMUNITY TYPE SERVICE.
WELL, WE APPRECIATE YOU LOOKING TO ENHANCE OUR COMMUNITY.
THANK YOU, SIR. THAT'S ALL I HAVE, SIR.
ARE THERE ANY OTHER QUESTIONS? MR. WARNER, YOU HAD A QUESTION OR COMMENT? YES, SIR. WELL, I WAS JUST GOING TO ASK, IS THERE IS THERE ANY KIND OF MAJOR DIFFERENCE BETWEEN I NOTICED THAT IN THE THE PRECEDING CASE IT WAS SELF STORAGE FACILITY AND YOU ALL ARE SAYING YOU'RE A MINI STORAGE.
IS THERE ANY MAJOR DIFFERENCE BETWEEN WHAT YOU'RE DOING NOW? MINI STORAGE, SELF STORAGE ARE BASICALLY THE SAME TYPE OF THING.
ANY OTHER QUESTIONS FOR THE APPLICANT? MR.. YEAH, FOR THE, THE GENERAL LOCATION I SEE IN THE IN THE RENDERING, IT'S VERY CLOSE TO 95.
IT BACKS UP TO BOTH BABCOCK AND 995.
YOU CAN SEE BABCOCK STREET DIRECTLY TO THE WEST AND 95 TOWARDS THE SOUTHWEST.
BUT THE FRONTAGE IS MARTIN ROAD TO THE EAST.
OKAY. SO IN THAT PICTURE, BABCOCK WOULD BE ON THE WEST OF THAT, CORRECT? IT WOULD BE WEST OF THAT. OKAY.
THANK YOU. IT'S ESSENTIALLY LOCATED BASICALLY ADJACENT TO THE OVERPASS OR BERM OF BABCOCK.
GOTCHA. I GOT THE GENERAL VICINITY KIND OF UNDER BABCOCK.
ANY OTHER QUESTIONS FOR THE APPLICANT? SEEING NONE, ACTUALLY.
BACK TO I THINK MR. OLSZEWSKI HAD THE COMMENT BEFORE.
IS THERE ANY OUTSIDE STORAGE HERE OR IS THIS ALL INTERIOR STORAGE? NO, OUTSIDE STORAGE.
THANK YOU. AT THIS TIME, I WILL OPEN THE PUBLIC HEARING.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE APPLICANT? OPPOSED? MA'AM.
COULD YOU PUT THAT PICTURE THAT HE HAD UP THERE? BACK UP, PLEASE.
IT'S RIGHT THERE. OKAY. THEY'RE SAYING THAT THAT IS AN OLDER INDUSTRIAL AREA.
YOU LOOK UP AT THE TOP, YOU CAN SEE ONE OF THE BUILDINGS THAT I OWN.
AND THAT'S GOING TO BE FOR STORY.
[01:20:02]
AND WE HAVE FOUR BUILDINGS FROM THERE.THE NEXT ONE AND THEN I HAVE 454, 462, 478 AND 484.
JUST RIGHT THERE WITH THAT LITTLE LOT.
AND THOSE BUILDINGS ARE NOT OLD.
THEY'RE BRAND NEW, PRACTICALLY.
AND THAT STRUCTURE, FOUR STORIES HIGH WITH THE NUMBER OF PEOPLE THAT THEY'RE GOING TO BE LEASING THINGS OUT TO IS OUT OF CHARACTER FOR THAT AREA. CONVERSE STREET ALREADY HAS SO MUCH TRAFFIC GOING OUT TO BABCOCK THAT YOU CAN'T EVEN GET OUT HARDLY RIGHT NOW.
YOU HAVE TO GO A DIFFERENT WAY.
I'D LIKE TO SEE A TRAFFIC STUDY DONE.
OKAY. THANK YOU, MA'AM. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISH TO SPEAK? SIR.
AND AGAIN, MA'AM, DID YOU FILL OUT A COMMENT CARD? MA'AM? YOU DID.
THANK YOU, SIR. DID YOU FILL ONE OUT? I HAVE A CARD UP. YES, SIR.
OKAY. THANK YOU. MY NAME IS DONALD FOLEY.
3851 ATLANTIC RIDGE LANE IN GRANT.
I'M THE OTHER HALF OF THE LADY THAT WAS JUST UP HERE.
WE OWN FOUR BUILDINGS OVER THERE.
THEY'RE ALL ONE STORY INDUSTRIAL WAREHOUSE BUILDINGS.
WE BELIEVE THAT THIS BUILDING IS FOUR STORIES WITH 420 UNITS GOING IN THERE, WHICH IS GOING TO CREATE A TREMENDOUS TRAFFIC PROBLEM.
I'M HERE TONIGHT TO ASK YOU TO SUSPEND THIS OR POSTPONE IT, BECAUSE FIRST OF ALL, AND I'VE GOT A NUMBER OF THINGS THAT THAT HAVEN'T BEEN DONE, THIS PLAN HERE, WHICH IS THE PLAN THAT WAS SUBMITTED I GOT YESTERDAY.
THIS PLAN HERE, IN MY OPINION, SHOWS OUTSIDE STORAGE, WHICH THIS GROUP OVER HERE CAN TELL YOU, IS NOT ALLOWED IN THIS ZONING CATEGORY. IT ALSO DOES NOT HAVE A LANDSCAPE PLAN, AND THE CODE REQUIRES THAT A SUBMITTED LANDSCAPE PLAN COME WITH THE SITE PLAN FOR CONDITIONAL USE.
THAT'S TWO ITEMS. THE PEOPLE THAT PRESENTED THIS AT THE COMMUNITY MEETING BASICALLY PROMISED US A TRAFFIC STUDY BECAUSE WE BROUGHT OUT THE FACT THAT CONVERSE STREET, WHICH IS A VERY HEAVILY TRAVELED CORNER ON BABCOCK ALL DAY LONG.
THEY PROMISED US A TRAFFIC STUDY BEFORE THIS WAS PRESENTED.
I DON'T SEE ANY TRAFFIC STUDY AND I DON'T KNOW WHETHER THEY SUBMITTED IT TO YOU OR NOT.
I BELIEVE YOU CAN CHECK WITH STAFF.
THE CODE DOES NOT ALLOW FOR A SELF STORAGE UNIT TO HAVE A COMMERCIAL CENTER.
AGAIN, THERE'S NO LANDSCAPE PLAN.
MY MAIN CONCERN IS THIS IS A FOUR STORY BUILDING.
SO I WOULD LIKE TO SUGGEST THAT IF YOU DO GRANT A POSTPONEMENT, THAT THE APPLICANT GO TO THE FIRE DEPARTMENT AND REVIEW THE PLAN WITH THEM BEFORE THEY COME BACK AND ASK FOR A CONDITIONAL USE, AT THE SAME TIME, SUBMIT A LANDSCAPE PLAN WITH ALL THE DETAILS AND WHAT HAVE YOU.
AND THE THERE'S A UTILITY EASEMENT OF TEN FOOT.
THEY ARE RIGHT ON THE UTILITY EASEMENT ON TWO SIDES, AND THEY'RE PROPOSING TO PUT LANDSCAPING IN THAT UTILITY EASEMENT AND DRAINAGE EASEMENT, WHICH I'M NOT SURE IS A GOOD CONDITION.
SO AGAIN, I THE THIRD THING THAT I'VE FOUND ON HERE THAT, AGAIN, IT MAY BE INCORRECT OF ME, BUT THEY'RE SUPPOSED TO BE THREE LOADING ZONES THAT ARE NOT INTERFERING WITH THE PARKING.
AND THE LOADING ZONES HAVE TO BE 14 BY 45FT LONG.
THANK YOU, SIR. IS THERE ANYONE ELSE WHO WISHES TO SPEAK ON THIS MATTER? JAKE. THANK YOU.
[01:25:02]
JUST TAKING NOTES. SO HOPEFULLY I HIT THE MARK ON EVERYTHING BY BEING AN OLDER INDUSTRIAL SUBDIVISION.THIS IS BASICALLY THE LOWEST TRAFFIC GENERATOR POSSIBLE FOR THIS SITE.
SO THAT IS A HUGE BENEFIT FOR THIS TYPE OF PROJECT.
IN THIS AREA, A 40FT IS THE ALLOWABLE HEIGHT BY THE ZONING.
WE'RE NOT ASKING FOR VARIANCE.
WE'RE NOT ASKING FOR ANYTHING SPECIAL THAT IS THE ALLOWABLE HEIGHT IN THE ZONING.
ANY PROPERTY WITHIN THE SUBDIVISION THAT HAS THE ZONING CAN GO TO 40FT.
SO THE ZONING IS COMPATIBLE WITH WHAT'S SURROUNDING US.
WE HAVE THE SAME ZONING AND ALL THE PROPERTIES AROUND US.
AS YOU CAN SEE IN THE STAFF REPORT, THE EXHIBIT THAT THE PLANNING BOARD, THE PLANNING AND ZONING BOARD HAS DOES IDENTIFY THE LANDSCAPING LAYOUT FOR IT.
AGAIN, UNTIL THE CONDITIONAL USE IS APPROVED, THIS IS THE FIRST STEP IN THE PROCESS.
THEN WE GO THROUGH THE CITY STAFF AND WE GO THROUGH A SITE PLAN APPROVAL PROCESS.
THOSE ARE THE TYPES OF DETAILS WE WORK OUT WHEN WE GO THROUGH THAT.
SO WE'RE JUST IN THE FIRST EARLY STEPS OF THAT FINAL SITE PLAN PROCESS.
WHAT THE GENTLEMAN SPOKE ABOUT AT THE COMMUNITY MEETING, HE'S 100% RIGHT.
WE HAD A SLIGHTLY DIFFERENT SITE PLAN AT THE COMMUNITY MEETING.
MY PERSONAL OPINION IS THIS SITE PLAN IS MUCH BETTER BASED ON THE STAFF COMMENTS THAT WE RECEIVED.
THEN OUR FIRST PLAN, WE HAD OTHER ACCESSORY BUILDINGS THAT WERE CLOSER TO THE ROAD.
THE BACKSIDE OF THE BUILDING WAS FACING THE ROAD.
WE WERE CLOSER WITH BUILDINGS TO THEIR PROPERTIES AND NOW WE'RE MUCH FURTHER AWAY.
SO WE THINK THIS SITE PLAN IS BETTER.
IT IS A SLIGHTLY DIFFERENT THAN WHAT THEY SAW AT THE COMMUNITY MEETING.
THAT'S A CONDITION OF THE STAFF REPORT.
THAT'S A CONDITION OF THE ZONING.
AND THAT'S ONE OF THE REQUIREMENTS THAT I MENTIONED EARLIER FOR THE CRITERIA OF THAT.
WE TALKED TO THE CITY ABOUT DOING A TRAFFIC STUDY.
IT'S NOT REQUIRED. WE DON'T GENERATE THE NUMBER OF TRIPS TO DO A TRAFFIC STUDY.
WE MEET PARKING CRITERIA, WE MEET ALL OTHER SITE LAND DEVELOPMENT CODE CRITERIA FOR IT.
WE MEET THE EIGHT CRITERIA FOR THE CONDITIONAL USE.
SO THAT'D BE HAPPY TO ANSWER ANY OTHER QUESTIONS AND APPRECIATE YOUR TIME TONIGHT.
OKAY. THANK YOU, MR. WEISS. SO, BOARD, HAVE ANY OTHER QUESTIONS? YES, SIR, IF I MAY.
THANK YOU. THANK YOU. MR. WEISS IS THE INTERSECTION OF BABCOCK AND I BELIEVE THE STREETS CALLED CONVAIR THE ONLY OR MOST CONDUCIVE ACCESS TO YOUR PROPERTY FROM ELSEWHERE? I UNDERSTOOD, AND I DON'T MEAN THIS FACETIOUSLY AT ALL.
I JUST WONDER IF YOU AND YOUR TEAM AND YOUR CLIENT ARE AWARE AND UNDERSTANDING OF, ALTHOUGH IT IS AN INDUSTRIAL AREA, THE RESIDENTIAL COMPONENT THAT DOES EXIST WITHIN IT THAT'S CAUSING THE TRAFFIC PROBLEMS THAT ARE BEING QUOTED, DO YOU UNDERSTAND THAT PEOPLE LIVE BACK THERE? RIGHT. YEAH. SO THE A M PEAK HOUR IS THE TOUGHEST TO MAKE LEFT TURNING MOVEMENTS OUT OF THAT AREA.
AND IT'S A MIX OF THE COMMERCIAL, INDUSTRIAL AND RESIDENTIAL USES THAT ARE ALL IN THAT AREA.
THERE'S A LOT OF UNDEVELOPED PROPERTY.
YOU KNOW, THAT'S THAT'S THE CHOICE OF THE FOLKS THAT DECIDE TO PUT THE RESIDENTIAL THERE.
[01:30:04]
BUT WHAT I'M GETTING AT IS JUST AN OVERALL WANTING TO ESTABLISH THAT, THAT YOU WANT TO BE GOOD NEIGHBORS AND THAT YOU UNDERSTAND THE NEIGHBORHOOD THAT YOU'RE IN.OUR BUSINESS CAN'T BE SUCCESSFUL UNLESS THEY'RE ABLE TO BE ABLE TO GET ACCESS TO THE PROPERTY.
UNDERSTOOD. WELL, THANK YOU VERY MUCH FOR PROVIDING THAT CLARITY TO ME.
ANY OTHER QUESTIONS? THANK YOU, JAKE. AT THIS POINT, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EITHER QUESTIONS, COMMENTS OR EMOTION.
I JUST WANT TO SAY, TOO, THAT AGAIN, JUST TO REITERATE WHAT MR. WEISS SAID AND WE'VE HEARD BEFORE, IS THAT, YOU KNOW, STORAGE UNITS GENERATE VERY LITTLE TRAFFIC COMPARED TO ANY OTHER INDUSTRIAL DEVELOPMENT THAT COULD GO IN THERE.
SO. DO WE HAVE ANY COMMENTS OR EMOTION, PLEASE? I'LL MAKE A COMMENT.
I'LL MAKE A MOTION TO APPROVE THE VARIANCE.
I'M SORRY, THE CONDITIONAL USE CONDITIONAL USE PERMIT CASE NUMBER OF CU 20 3-00013. SECOND MISTER GOOD.
SECOND MISTER BOEREMA BOEREMA.
ANY FURTHER COMMENTS? ALL IN FAVOR SAY AYE? AYE. ALL OPPOSED.
I'M KIM HAGLER, GIS PLANNER, AND THE CASE OFFERING TONIGHT IS PS 23 0008.
CONLON BOULEVARD, NORTHEAST APPROXIMATELY 24.56 ACRES.
THE PROPOSED PLAT HAS FRONTAGE ON LIPSCOMB DRIVE NORTHEAST.
THE MINIMUM LOT SIZE FOR TOWNHOME UNITS WILL BE 18FT WIDE BY 95FT DEEP.
THE OVERALL PROJECT WILL PROVIDE MORE THAN THE MINIMUM 25%, WHICH WOULD BE 6.39 ACRES OF THE REQUIRED OPEN SPACE AND STAFF RECOMMENDS APPROVAL FOR CASE PS 23 0008.
OKAY. BOARD HAVE ANY QUESTIONS FOR STAFF? NO SEEING NONE.
THANK YOU, MISS HECKLER. AT THIS TIME, I WILL ASK THE APPLICANT TO COME TO THE PODIUM.
GOOD EVENING. MY NAME IS CHRIS OSA.
SO SOME OF YOU ARE FAMILIAR WITH THE PROJECT.
SINCE THAT TIME THERE HAS NOT BEEN ANY CHANGES OR SIGNIFICANT CHANGES TO THE PROJECT AND WE ARE WORKING WITH STAFF, ENGINEERING AND PUBLIC WORKS THROUGH THE FINAL CONSTRUCTION PLAN PROJECT PORTION OF THE PROJECT.
WE'VE READ THROUGH THE CONDITIONS OF THE STAFF RECOMMENDATION AND WE HAVE NO OBJECTIONS TO THAT AND WE ARE HERE TODAY TO ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE ON THE PROJECT. OKAY.
DOES ANYONE HAVE ANY QUESTIONS FOR MR. OSA? GO AHEAD, MR. OLSZEWSKI. THANK YOU, SIR.
I JUST WANT ONE POINT OF CLARIFICATION.
BUT IF YOU CAN ANSWER, WHAT FURTHER STEPS WILL YOU NEED AS FAR AS COMING BEFORE THIS BOARD, BEFORE YOU GUYS ARE READY TO PUT SOME SHOVELS IN THE GROUND AND BUILD THIS THING? UM, THE NEXT STEP WOULD BE THE FINAL DEVELOPMENT.
OKAY. THE FINAL PLAT, THE PLAT.
OKAY. SO YOUR YOU DON'T ANTICIPATE ANY SUBSTANTIAL CHANGES BETWEEN NOW AND REALLY CONSTRUCTION? THIS IS WHAT YOU WANT TO GO WITH.
WE'LL HANDLE THE PLAT. YOU'LL GET THE SECOND ROUND OF COMMENTS FROM STAFF.
[01:35:10]
YEAH. AND SO AS AN ENGINEER RECORD, YOU FEEL COMFORTABLE WITH THE PLAN AS IT IS NOW? YES, SIR. MOST NOTABLY, THE CURRENT CONDITIONS THAT ARE IN PLACE RIGHT NOW, ESPECIALLY WITH THE PALM BAY COLONY COMMUNITY FROM A RAINWATER PERSPECTIVE IS WHAT I WAS THINKING. AND SO YOU FEEL LIKE WE REALLY GOT THIS HANDLED.NOW, AS FAR AS WHAT THE PLAN IS TO PUT THAT RAINWATER WHERE IT NEEDS TO BE AND CORRECT MANAGE IT.
THE FIRST ITERATION OF THIS LAYOUT, AS YOU CAN SEE, IT, HAS FOUR TRACKS THAT GO FROM NORTH TO SOUTH.
MOST TRACK ACTUALLY HAD TOWNHOMES IN IT.
SO AFTER REEVALUATING AND SPEAKING WITH THE PUBLIC WORKS DEPARTMENT AND EVALUATING THE CURRENT FLOOD ZONE THAT'S THERE, UM, WE GOT WITH OUR CLIENT AND SAID, YOU KNOW, IN ORDER TO PROVE THE AREA AND NOT HAVE ANY ADVERSE EFFECTS WITH THE PALM BAY COLONY LESS WE SUGGESTED AND WENT THROUGH WITH REITERATING AND CHANGING THAT SOUTHERN TRACK TO MAKE IT A COMPLETE STORMWATER ATTENUATION AREA FOR TREATMENT.
I'M VERY GLAD TO HEAR THAT, THAT YOUR CLIENT TOOK YOUR SOUND ADVICE AS WELL AS OUR CITY STAFF.
SO THAT'S THAT'S REALLY GOOD TO HEAR.
I'M EXCITED TO SEE THIS PROJECT.
SO THANK YOU. ANY OTHER QUESTIONS FOR MR. OSA? THANK YOU, SIR.
IS ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK FOR OR AGAINST THIS PROJECT? SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD.
BOARD AS MOST OF YOU REMEMBER, WE'VE SEEN THIS PROJECT NUMEROUS TIMES.
THE DEVELOPER HAS HAS CERTAINLY MADE QUITE A FEW CHANGES AND CONCESSIONS.
SO IT'S YOU KNOW, THIS IS JUST A PRELIMINARY SUBDIVISION PLAN.
SO IF THERE ARE ANY OTHER COMMENTS OR A MOTION, PLEASE, I'LL MAKE A MOTION TO APPROVE THE PRELIMINARY SUBDIVISION PLAN FOR 20 3-0008. SECOND.
IF THERE ARE NO FURTHER COMMENTS, ALL IN FAVOR SAY AYE.
THANK YOU, MR. JOSEPH. OUR NEXT CASE, PLEASE.
GOOD EVENING. ALEX BERNARD GROWTH MANAGEMENT.
WHAT YOU HAVE BEFORE YOU TONIGHT IS CASE T 23 0018.
THE APPLICANT IS ACTUALLY THE CITY OF PALM BAY.
SO CURRENTLY THIS IS ALL UNDER CHAPTER 179 AND IT TALKS ABOUT THE IMPLEMENTATION AND PROCEDURES OF CREATING AND APPROVING, ALTERING AND VACATING STREETS.
THE WAY THE CODE IS CURRENTLY WRITTEN IS THAT IT TALKS ABOUT NOTICE OF PUBLIC HEARINGS, COUNCIL ACTION, BUT IT DOESN'T GIVE CLEAR AND CONCISE GUIDELINES ON ON HOW TO GO ABOUT ACHIEVING THAT AND GETTING IT IN FRONT OF CITY COUNCIL.
SO THE IDEA WITH THIS TEXTUAL AMENDMENT IS TO DO TWO THINGS.
IT IS TO GIVE CLEAR AND CONCISE GUIDANCE TO STAFF ON HOW TO BRING IT FORWARD.
AND THE SECOND IS TO GIVE PARAMETERS ON THE LENGTH OF TIME.
SO LIKE WITH A CONDITIONAL USE, IT'S VALID FOR A PERIOD OF 12 MONTHS.
THIS ALSO ADDS IN THOSE PARAMETERS FOR A PERIOD OF TWO YEARS.
SO THAT'S WHAT'S PRESENTED BEFORE YOU TONIGHT.
IT'D BE HAPPY TO ANSWER ANY QUESTIONS.
YOU CAN SEE THE STRIKETHROUGH AN UNDERLYING FORMAT BEHIND THE TEXTUAL REPORT.
THAT'S WHAT I'VE GOT. OKAY, SO BOARD HAVE ANY QUESTIONS FOR STAFF? MR. OLSZEWSKI? YES, THANK YOU, SIR.
IT'S VERY NICE TO SEE YOU, MR. BERNARD.
THANKS FOR BEING HERE TONIGHT.
SEE YOU. THANKS FOR YOUR PRESENTATION.
JUST TO SUMMARIZE, TO ENSURE UNDERSTANDING HERE, THIS IS GOING TO AFFECT WHEN DEVELOPERS OR APPLICANTS WILL REFER TO THEM AS COME AND ASK FOR A STREET TO BE ALREADY FORGOT THE WORD ABANDONED.
THAT THEY HAVE TO GET TO WORK AND DO WHATEVER IT IS THAT THE VACATING IS MEANT TO ACHIEVE WITHIN A TIME FRAME YOU MENTIONED OF TWO YEARS? THAT'S CORRECT. OKAY.
AND IS THERE REALLY A ANY FURTHER PREMISE TO THE TEXT THAT I'M MISSING OR IS THAT THE MAIN POINT THAT WE'RE SHOOTING FOR HERE? TO MEMORIALIZE THE GUIDELINES? OKAY. AND TO ESTABLISH SOME SENSE OF ACCOUNTABILITY, SO TO SPEAK? CORRECT. UNDERSTOOD.
OKAY. THANK YOU FOR THE CLARIFICATION.
ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF? NOPE. SEEING NONE.
THANK YOU. ALEX, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK FOR OR AGAINST THIS APPLICATION? SEEING NONE, I'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION.
[01:40:01]
MOTION TO APPROVE T 20 3-00018.SECOND FROM. FROM MR. MACLEOD. ALL IN FAVOR, SAY AYE? AYE. ALL OPPOSED.
AND NEXT CASE T 23 000 24 HAS BEEN WITHDRAWN.
MRS. RAMOS WILL BE STEPPING IN FOR MR. RAMOS. OKAY.
THE APPLICANT IS THE CITY OF PALM BAY AND IT IS GOING TO BE APPLIED CITYWIDE.
THIS IS A TEXTUAL AMENDMENT TO THE CODE OF ORDINANCES.
TITLE 17 LAND DEVELOPMENT CODE CHAPTER 185 ZONING CODE SECTION 185 .006.
TO DEFINE SMALL EVENT SPACE AND TO AMEND SECTION 185 .04 TO BE NEIGHBORHOOD COMMERCIAL DISTRICT PRINCIPAL USES AND STRUCTURES TO ADD A NEW PERMITTED USE TO THE ZONING DISTRICT. SMALL EVENT SPACE AS 185 .04 TO B11.
STAFF DOES RECOMMEND APPROVAL FOR THIS, AND THE ANALYSIS BEHIND THAT IS BECAUSE WE HAVE HAD A GROWING DESIRE TO ACCOMMODATE A GROWING BUSINESS MARKET INSIDE OF THE CITY, WHICH IS TO PRODUCE SMALL EVENTS IN VARIOUS LOCATIONS INSIDE OF THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS.
THEREFORE, WHAT WE DID IS WE CREATED A DEFINITION FOR THEM THAT SPECIFICALLY STATES THAT A SMALL EVENT IS AN EVENT AND MEETING AREA GATHERING ASSEMBLIES, LODGES AND PRIVATE CLUBS, RECREATIONAL GROUPS AND SIMILAR USES WHICH MAY OR MAY NOT INCLUDE PRIVATE EVENT PLANNING SERVICES CONTAINING LESS THAN 5000FT² OF FLOOR AREA WHICH ARE SOLELY CONFINED TO INDOOR SPACES WITH THEIR OCCUPANCIES BEING SUBJECTED TO BUILDING AND FIRE CODES, ANY OUTSIDE SPACES WILL REQUIRE A SPECIAL EVENT.
AND SO BY MAINTAINING THIS STRICT ADHERENCE TO THE DEFINITION OF SMALL EVENTS THROUGH THE REGULATIONS SET FORTH IN THIS ZONING DISTRICT, WE SEE THAT THERE ARE MINIMAL IMPACTS TO THE SURROUNDING PROPERTIES AND THAT SMALL EVENTS ARE STILL PROHIBITED FROM HAVING ALCOHOL UNLESS A CONDITIONAL USE IS OBTAINED.
SO THIS IS MORE SO FOR THE TYPES OF EVENTS SUCH AS BABY SHOWERS, BAR MITZVAHS, BAR MITZVAHS AND OTHER TYPES OF GATHERINGS, SOCIAL AND PRIVATE, THAT WOULD TYPICALLY BE USED IN A SMALL EVENT TYPE LOCATION, WHEREAS THEY STILL DO NOT HAVE THE RIGHT TO ALCOHOL UNLESS THEY GET A CONDITIONAL USE.
SO I JUST WANTED TO SPECIFY THOSE PARAMETERS.
STAFF IS AVAILABLE FOR ANY QUESTIONS.
OTHERWISE WE DO RECOMMEND APPROVAL FOR T 20 3-00026.
YES, SIR. MR. MCLEOD, DOES THIS SMALL SPACE APPLY TO NONPROFITS THAT MAY ALREADY HAVE? PERMISSION TO SERVE ALCOHOL.
SO NONPROFITS WOULD ACTUALLY BE UNDER A SPECIFIC USE ALREADY PERMITTED INSIDE THE ZONING DISTRICT.
NOPE. NO AFFECT ON THEM? YEP. ANY OTHER QUESTIONS? YES, SIR. SORRY.
THANK YOU, SIR. THANK YOU, MR. ANDERSON, FOR YOUR PRESENTATION AND FOR YOUR EXPLANATION HERE.
HOW MANY PEOPLE ARE GOING TO FIT IN 5000FT²? FORTUNATELY, THAT ONE I'M NOT SURE OF OFF THE TOP OF MY HEAD, BUT WE DO HAVE A PRETTY STRICT ADHERENCE TO IT WHERE THERE WILL BE A LOT OF AREAS THAT ARE NOT GOING TO BE ABLE TO ACCOMMODATE THIS POTENTIAL USE UNDER PARKING CODES AND SO FORTH.
IT'S GOING TO REALLY BE A SPECIFIC TYPE OF LOCATION THAT'S GOING TO BE ACCEPTABLE OF THIS USE.
UNDERSTOOD. DO YOU YOU KNOW, LET ME ASK THIS QUESTION FIRST.
YOU MENTIONED SPECIAL EVENT PERMIT IN THE DESCRIPTION.
WHO WHO IS THAT SPECIAL EVENT PERMIT OBTAINED THROUGH WHAT AGENCY? THE PARKS AND RECREATION DEPARTMENT AND WHEN THEY DO THAT, WE DO HAVE REVIEWERS FROM EVERY DEPARTMENT LOOKING AT THOSE SPECIFIC EVENTS AND THEY ARE ONLY HELD ON A TEMPORARY BASIS. THEY CAN ONLY OBTAIN A CERTAIN AMOUNT PER YEAR IN A CERTAIN GIVEN TIME PERIOD.
SO THE VENUE THAT WOULD EXIST UNDER THIS CODE WOULD REACH OUT TO PARKS AND RECREATION AND SUBMIT AN APPLICATION, AND THEN PARKS AND RECREATION WOULD BRING THAT TO THEIR COMMITTEE, WHO I IMAGINE INCLUDES THE POLICE AND FIRE AND MAYBE SOME OTHER ENTITIES AND SAY, HEY, CAN WE DO THIS EVENT ON THIS DAY AT THIS PLACE? AND THAT COMMITTEE WOULD MAKE THE DECISION AND ISSUE THE PERMIT ACCORDINGLY.
CORRECT. AND THEY HAVE TO GIVE CERTAIN PERIOD OF NOTICE BEFOREHAND.
I THINK IT'S 30 DAYS, BUT I HAVE TO DOUBLE CHECK.
YOUR APPLICATION HAS TO BE IN A SUFFICIENT AMOUNT OF TIME BEFOREHAND.
SO IT'S NOT LIKE YOU COULD GET IT THIS WEEKEND IF YOU WERE APPLYING TODAY.
UNDERSTOOD. AND WITH THAT BEING SAID, THE ALCOHOL PIECE YOU SAY CONDITIONAL USE, IS THAT TO SAY THE VENUE WOULD ESTABLISH ITSELF WITHIN NEIGHBORHOOD COMMERCIAL AND THEN SAY, WE'D LIKE TO BE A VENUE THAT ALLOWS ALCOHOL AT THE VENUES THAT WE RENT OUT AND THAT'S HOW BLANKET ANY EVENT THAT
[01:45:06]
THEY RENT OUT NOW OR IS THAT SIMILAR TO THE SPECIAL EVENT WHERE IT SAYS WE'RE GOING TO HAVE ALCOHOL AT THIS BABY SHOWER THIS WEEKEND AND THE CITY MAKES THAT DECISION? SURE. THAT'S A GREAT QUESTION.THE CONDITIONAL USE RUNS WITH THE LAND.
SO IF THE CONDITIONAL USE WERE TO BE OBTAINED, IT WOULD BE FOR THE LAND IN QUESTION.
AND ANY USER ON THAT LAND THAT WAS PERMITTED TO BE A USER THERE.
UNDERSTOOD. MY FINAL QUESTION FOR YOU, SIR.
AS A AS A MEMBER OF THE RECREATION ADVISORY BOARD, IT'S MY UNDERSTANDING THAT THE RECREATION DEPARTMENT, ALONG WITH THE PARKS AND FACILITIES DEPARTMENT, HAS AN OVERALL LONG TERM GOAL TO IMPROVE SOME OF THE FACILITIES THAT THE CITY OF PALM BAY HAS FOR RENTAL FOR SMALL EVENTS AND HOPEFULLY PROMOTE THEM AND MAYBE EVEN GENERATE SOME REVENUE ONE DAY.
HOW DOES AN ORDINANCE LIKE THIS, YOU KNOW, JIVE WITH THAT OR CONFLICT WITH THAT, THE MANNER IN WHICH YOU JUST DESCRIBED IT IN ANY NEIGHBORHOOD COMMERCIAL AREA WHERE WE AS THE CITY WOULD OWN A PARCEL, WOULD THEN BE ABLE TO RENT IT OUT AS A SMALL EVENT SPACE UNDERNEATH THE EVENT PLANNING SERVICES NOTION. SO IT ACTUALLY EMPOWER US TO DO MORE.
CORRECT. DO YOU HAVE A PRACTICAL EXAMPLE OF A SITE THAT'S HELD DOWN RIGHT NOW AND WOULD BE EMPOWERED NOT SPECIFICALLY FOR THE NEIGHBORHOOD ZONING, BUT I'M SURE THE NEIGHBORHOOD COMMERCIAL DOES HAVE SEVERAL OF THEM, BUT I'M GUESSING YOU MIGHT ON TOP OF YOUR HEAD.
I'M JUST THINKING I'M JUST CURIOUS.
I'M JUST CURIOUS. JUST ONE THAT I DO HAVE IN MIND IS THE CAPTAIN'S HOUSE AT GOODEE PARK.
IT NEEDS TO BE RENOVATED, REDONE, WHAT HAVE YOU.
THERE'S THERE'S DREAMS AND GOALS.
THERE'S NOT AN ACTUAL PLAN TO DO IT, BUT THERE'S DREAMS AND GOALS TO DO IT.
MY THOUGHT PROCESS IS IF WE'RE TO DO THAT AND THEN, YOU KNOW, SOMEWHERE ELSE WITHIN THE PORT MALABAR AREA OR THE BAYFRONT AREA OR WHAT HAVE YOU, HAVE ONE OF THESE VENUES COME IN, YOU KNOW, WE'RE KIND OF CREATING COMPETITION, WHICH, HEY, THIS IS AMERICA.
I'M A CAPITALIST FIRST, SO I LOVE COMPETITION, BUT I'M JUST I'M WEIGHING THE ODDS, THE BALANCES HERE IN THAT TERMS. YES, THERE WOULD BE MORE COMPETITION FOR THIS TYPE OF EVENT SPACE USE.
HOWEVER, WHAT WE HAVE SEEN IS SIGNIFICANT INTEREST IN CREATING THIS AS A USE THROUGHOUT THE CITY FOR MANY OF OUR RESIDENTS AND OTHER POTENTIAL BUSINESS ENTREPRENEURS. AND BECAUSE OF THAT, IT'S MOST LIKELY A MARKET THAT'S CONDUCIVE WITH SUSTAINING THE NUMBER OF PEOPLE THAT IT'S STARTING TO ELICIT FROM BUSINESSES.
THESE SMALLER EVENT SPACES ARE TRADITIONALLY LOOKED AT.
IN FOR INSTANCE, A COUPLE OF THEM HAVE BEEN THE STRIP COMMERCIAL TYPE AREAS WHERE AGAIN, WE HAVE TO SEE IF THEY WILL BE ACCOMMODATING FOR THE SITE AND SO FORTH AFTER THE USE IS POTENTIALLY THERE, BUT THEY'RE NOT AS CONDUCIVE FOR LARGER EVENTS, EVEN IF THE SQUARE FOOTAGE IS THERE BECAUSE OF THE MANNER IN WHICH MOST OF THESE SITES ARE CONSTRUCTED.
NOW, IF YOU HAVE A NEW BUILD FOR A SPECIAL EVENT SPACE, THERE'S MORE LIKELIHOOD, OF COURSE, THAT IT'S GOING TO DRIVE A LOT MORE DIRECT COMPETITION BECAUSE IT'S MUCH MORE GEARED TOWARDS THAT.
BUT A LOT OF THESE SITES ARE ALMOST REDEVELOPMENTS OR FURTHER.
IF THERE WAS A BUSINESS ENTITY THAT WANTED TO HAVE AN EVENT SPACE IN A AREA THAT ISN'T ZONED SUCH, IT WOULD GO THROUGH THE NORMAL VARIANCE PROCESS WHERE THEY WOULD HAVE TO COME OVER TO THIS TYPE OF LAND USE BEFORE THEY WOULD WOULD BE ABLE TO GET THIS PERMITTED TO REZONE TO NEIGHBORHOOD COMMERCIAL BEFORE THEY WOULD BE ABLE TO GET THIS.
OKAY. THANK YOU SO MUCH FOR ALL THE CLARIFICATION.
ALL RIGHT. ANY OTHER QUESTIONS? IF NOT, CAN I GET A MOTION, PLEASE? PUBLIC COMMENT. OH, BILL, YOU HAD SOMETHING TO ADD.
BILL BATTEN, 586 OCEAN SPRAY STREET SOUTHWEST.
THIS WAS MORE OF A QUESTION ON GIVING ME AN EXAMPLE OF WHERE THIS WOULD BE A CASE WHERE IT WOULD COME INTO PLAY, BECAUSE I'M THINKING, WELL, LIKE WE HAVE SEVERAL EMPTY STOREFRONT AREAS THAT I SEE AS I'M GOING AROUND TOWN THAT ARE EMPTY STOREFRONT AREAS.
COULD THEY QUALIFY FOR SAYING, OKAY, WELL, NOW I WANT TO GET THIS STOREFRONT AREA? WOULD THEY BE ALLOWED TO THEN HAVE UNDER THE COMMERCIAL DISTRICT A SMALL EVENT ORGANIZATION AND SOME OF THOSE VACANT STOREFRONTS? YES, I BELIEVE IF I'M UNDERSTANDING YOUR QUESTION CORRECTLY, SEVERAL OF THOSE VACANT STOREFRONTS THAT ARE IN ALREADY EXISTING BUILDINGS, IF THEY'RE IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, YES, THEY WOULD BE FILLED IN MOST LIKELY.
IT'S VERY MUCH OF AN INFILL TYPE USE FOR MOST.
YEAH. AGAIN, BILL, THAT'S IT'S GOT TO BE ZONED NEIGHBORHOOD COMMERCIAL.
YEAH. ANYONE ELSE HAVE A QUESTION? ALL RIGHT. AT THIS POINT, I'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION.
[01:50:01]
MR. MCLEOD, IS THERE A REQUIREMENT THAT THESE PROPERTIES HAVE INSURANCE? AND WE DO NOT HAVE A LAND BASED REQUIREMENT FOR INSURANCE FOR THESE PROPERTIES.BUT WE DO NOT REGULATE INSURANCE NOW.
THANK YOU. ANY OTHER QUESTIONS? YES, SIR. AND THIS WILL NOT APPLY TO ANYTHING THAT'S OVER FIVE OVER THE 5000FT².
CORRECT. IF IT'S OVER 5000FT², IT WOULD NOT BE PERMITTED.
ANYONE ELSE? SEEING NONE. CAN I GET A MOTION, PLEASE? I'LL MAKE A MOTION TO APPROVE THE TEXTUAL AMENDMENT TO THE CODE ORDINANCE FOR T 23 00026 FOR SMALL EVENT SPACES.
MOTION FOR MR. GOOD SECOND FOR MR. MCLEOD. ANY FURTHER DISCUSSION? ALL IN FAVOR? SAY AYE? AYE. ALL OPPOSED.
IF THERE IS NO OTHER BUSINESS, THIS MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.