Dec 06, 2023 Planning and Zoning Board

[00:00:02]

GOOD EVENING EVERYONE.

[CALL TO ORDER:]

MR. WEINBERG, WOULD YOU LEAD US IN THE PLEDGE OF ALLEGIANCE? PLEASE, EVERYONE, PLEASE RISE AND FACE THE FLAG.

UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU, MISS POWELL.

THE ROLL PLEASE.

YES, MR. BOEREMA.

PRESENT. MR..

GOOD PRESENT.

MISS JORDAN. PRESENT.

MR. MACLEOD HAS ASKED TO BE EXCUSED, MR. OLSZEWSKI. PRESENT, MR. RANIER. PRESENT.

MR. WEINBERG PRESIDENT.

MR. KARAFFA, WE HAVE NOT HEARD FROM.

AND OUR CHIEF DEPUTY CITY ATTORNEY MICHAEL RODRIGUEZ, IS PRESENT.

WE DO HAVE A QUORUM. THANK YOU.

DO I HEAR A MOTION TO ACCEPT THE MINUTES OF THE OCTOBER 4TH, 2023 MEETING?

[ADOPTION OF MINUTES]

SECOND. ALL IN FAVOR, SAY AYE.

AYE. ANY OPPOSED? MOTION CARRIES. THANK YOU.

FOR THE BENEFIT OF THE APPLICANTS IN THE AUDIENCE.

[ANNOUNCEMENTS]

THE LAND DEVELOPMENT STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE.

BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF.

THE APPLICANT OR THEIR REPRESENTATIVE WILL THEN BE ASKED TO APPROACH THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE, AND TO ANSWER ANY QUESTIONS FOR 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 OPPOSED TO THE APPLICATION FOR ALL PROCEEDINGS.

ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN A SPEAKER OATH CARD LOCATED AT THE PODIUM AND AT THE SIDE OF THE ROOM.

PLEASE PRINT YOUR NAME LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME, ADDRESS, AND COMMENTS FOR THE RECORD.

AS A COURTESY, IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO HAVE SIMILAR COMMENTS, YOU MAY INFORMALLY APPOINT A SPOKESPERSON 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 WILL BE FROM THE AUDIENCE WILL BE HEARD.

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

I WILL THEN CALL FOR A VOTE.

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

THANK YOU FOR YOUR ATTENDANCE AND YOUR COOPERATION AND HEARING TO THE MEETING GUIDELINES.

ALL RIGHT. THE FIRST CASE.

HOLD ON. SEE YOU.

23 0003.

MISS RAMOS.

GOOD EVENING. I'M TANYA RAMOS HERE FOR SIU 23 00003.

THIS IS. IT'S NOT.

WE CAN'T HEAR YOU. THERE'S NOT A BUTTON HERE.

IT'S ON, IT'S ON, IT'S ON.

NOW YOU CAN HEAR ME.

IS THAT BETTER? CLOSER, I GUESS.

IS THAT BETTER? CAN YOU HEAR? TRY IT AGAIN. IS IT BETTER? NO, NO.

WELL, SEAN WAS ADJUSTING IT.

I'M JUST WAITING FOR.

BECAUSE WE WERE HAVING SOME PROBLEMS BEFOREHAND WHEN WE WERE SETTING UP.

CAN YOU HEAR ME? NO.

STEP OVER THERE. YOU WANT ME TO GO OVER THERE AND CONTINUE? NO. NO, NO.

IT'S FINE. I WILL MOVE UP HERE ONLY BECAUSE I'M FREEZING COLD AIR COMING FROM THE OPEN DOOR BACK THERE, AND THEY CAN'T.

OH, YOU WERE GOING TO TAKE MY SEAT.

WE'RE ALL GOING TO SHUFFLE AROUND.

THERE WE GO. GO SIT ON.

MUSICAL CHAIRS.

[00:05:03]

I GOT IT. THE CITY ATTORNEY'S.

MUCH WARMER UP HERE.

YEAH. IT'S NICE NOW.

IS THAT BETTER? OH.

I DON'T BELIEVE THE LIGHT IS ON MY MIC.

WORKS GOOD. CAN YOU HEAR ME? NO. OH, MY.

BEEN ON EITHER.

HELLO? OH.

HELLO. DOES THIS ONE WORK? NONE OF THEM ARE WORKING. YEAH.

IT'S THE LIGHTS ON.

LIGHTS ON. LIGHTS ON I DON'T.

IS THERE AN ADJUSTING FOR VOLUME? NO. LET ME TRY.

I'LL TRY TO BE AS LOUD AS I CAN.

IS IT OKAY IF I GO AHEAD? WHY DON'T YOU START AND SEE IF THE AUDIENCE CAN HEAR YOU? IS THIS ONE ANY BETTER? NO. AN EXTRA MIC.

HELLO? NO.

YOU CAN'T. THAT CAME BEFORE.

IT WAS. HELLO? THIS ONE'S WORKING NOW.

OH, THAT ONE WAS.

CAN YOU HEAR ME? YES, YES.

OKAY. I'VE ONLY GOT A MICROPHONE.

IT WORKS. ALL RIGHT.

OKAY. Q 20 3-00003.

[OLD/UNFINISHED BUSINESS]

THE LOCATION IS AT THE SOUTHWEST CORNER OF GLEN COVE AVENUE NORTHWEST AND EMERSON DRIVE NORTHWEST.

THE FUTURE LAND USE IS COMMERCIAL, AND THE EXISTING ZONING IS NEIGHBORHOOD COMMERCIAL.

THE SITE IS APPROXIMATELY THREE ACRES IN SIZE.

THE APPLICANT IS REQUESTING A CONDITIONAL USE TO ALLOW RETAIL, AUTOMOTIVE, GAS AND FUEL SALES IN THE NEIGHBORHOOD COMMERCIAL DISTRICT IN ACCORDANCE WITH SECTION 185 .042 OF THE PALM BAY CODE OF ORDINANCES.

AND THE RECOMMENDATION IS THAT Q 23 00003 MEETS THE MINIMUM REQUIREMENTS FOR APPROVAL OF A CONDITIONAL USE, AND STAFF RECOMMENDS APPROVAL AND STAFF IS AVAILABLE, AND THE APPLICANT IS AVAILABLE IF THE BOARD HAS ANY QUESTIONS.

THANK YOU VERY MUCH. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? SEEING NONE WITH THE APPLICANT.

PLEASE COME FORWARD.

LET ME STAY HERE.

CAN WE CHECK THE PODIUM? THERE'S NO ADJUSTMENT ON THAT ONE.

IT'S NOT LIKE THIS.

THIS IS THE ONE THAT THIS ONE'S WORKING.

ARE THE OTHERS? THEY MAY BE.

TESTING. ONE.

TWO. THREE. IT'S ON. OKAY, WELL.

THANK YOU. MY NAME IS RICHARD FRANZBLAU.

I'M THE ATTORNEY FOR THE PROPOSED DEVELOPER, SUNRISE PLAZA ENTERPRISES INC.

MR. NAZIM ALI IS THE PRINCIPAL OF SUNRISE PLAZA.

HE IS HERE THIS EVENING, AND IT'S WORKING NOW, SO.

I KNOW I HAVE A LOUD, BOOMING VOICE, BUT I GUESS IT IS.

IT MIGHT BE WORKING NOW.

OH, GREAT. THANK YOU.

IT'S A LOT BETTER. THE.

MR. ASAF KHAN WILL BE THE CONTRACTOR ON THE PROJECT AND HE IS HERE THIS EVENING AS WELL, AND CAN EXPLAIN SOME OF THE CONCEPTUAL NATURE OF THE PROJECT.

IF THERE'S ANY QUESTIONS TO BE ANSWERED BY THE PLANNING BOARD.

AND I NOTICED THERE WAS ONE POINT WHERE THE SETBACK REQUIREMENT IS 25FT, BUT THE CONCEPTUAL PLAN SAID 20FT.

AND THAT'S NOT A PROBLEM FOR US TO COMPLY WITH THAT, THAT REQUIREMENT.

AND THANK YOU SIR.

ANY ANYTHING ELSE? THAT'S IT. OKAY.

DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT, MR. CHAYEFSKY? THANK YOU, MADAM CHAIR.

SO DID YOU MENTION YOU HAVE CONCEPTUAL DRAWINGS WITH YOU? PRESENTATION? YES.

DO WE HAVE THEM DIGITALLY?

[00:10:02]

YEAH, YEAH. GOTCHA.

OKAY. YEAH. NO PROBLEM.

I JUST DIDN'T KNOW IF YOU HAD IT TO DISPLAY TOO, SO THAT THE PUBLIC COULD SEE.

THE QUESTION I HAVE FOR YOU IS, DO YOU HAVE ANY COMPANION SERVICES IN MIND WITH THIS GAS STATION? YOU CAN HAVE LIKE A CAR WASH OR AN OIL CHANGE PLACE OR ANY OF THAT KIND OF STUFF? NO. JUST GASOLINE.

ARE YOU GOING TO HAVE ELECTRIC CHARGING STATIONS CONCEPTUALLY? YEAH. GOTCHA. THEY WILL HAVE.

GOTCHA. BUT IN GENERAL, FUELING STATION, GENERAL STORE, SODA POP, CANDY.

PART OF IT MAY DEPEND ON HOW FAST THE ELECTRIC CHARGING TAKES OFF.

SURE. IN THE NEAR FUTURE.

YES. SURE. YEAH. WHAT I'M MOST WORRIED ABOUT IS WHEN WE GET INTO THOSE OTHER TYPE OF SERVICES, THE TRAFFIC THAT THAT GENERATES.

BUT IT SEEMS LIKE YOU'LL JUST CAPITALIZE.

THE OTHER THING IS, HAS THE STAFF TALKED TO YOU AT ALL ABOUT SIDEWALK ON YOUR PROJECT OR NEAR YOUR PROJECT, AND HOW IT'S GOING TO CONNECT TO THE DIFFERENT SIDEWALKS IN THAT NEIGHBORHOOD? I BELIEVE THERE ARE SIDEWALKS ON EMERSON AND GLENCOVE.

YES, ALREADY.

GOTCHA. SO YOU'LL MATCH UP TO THAT.

EVERYTHING NICE AND CLEAN.

GOOD NEWS. ALL RIGHT.

UM, THOSE ARE THE QUESTIONS I HAD.

THANK YOU, SIR. THANK YOU, MADAM CHAIR.

THANK YOU, THANK YOU.

ANY OTHER QUESTIONS FROM THE BOARD? THANK YOU SIR. THANK YOU.

SEEING NONE, THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? ANYONE OPPOSED? YEAH. WOULD YOU LIKE TO COME TO THE PODIUM AND SPEAK? STATE YOUR NAME AND ADDRESS FOR THE RECORD.

YES. I'M LIZA SANTINI.

I'VE GROWN UP.

IF YOU SAW THAT PICTURE ON THE MAP, IT'S GOING THE THE PROJECT IS GOING TO BE.

I LIVE ON THE THIRD HOUSE OFF OF KASLO, SO IT'S SUPPOSED TO BE RIGHT BEHIND THE PROJECT.

UM, I'VE GROWN UP, LIVED HERE SINCE 1990, SO I'VE SEEN THE AREA GROW.

WHILE LIVING HERE.

I WENT TO THIS. YOU CAN'T SEE IT ON THE MAP, BUT ON THE OTHER SIDE OF THE STREET, THERE'S ON THE OTHER SIDE OF KASLO.

THERE'S DISCOVERY ELEMENTARY SCHOOL.

I WENT TO DISCOVERY ELEMENTARY SCHOOL.

MY MAIN CONCERN IS HAVING A GAS STATION OR JUST ANYTHING RIGHT THERE.

GOING TO DISCOVERY.

I WENT TO SIXTH GRADE, FIFTH GRADE.

I WENT THERE MY WHOLE LIFE OR MY WHOLE ELEMENTARY SCHOOL, AND I KNOW HOW KIDS WERE WHEN I WENT TO SCHOOL THERE AND KNOWING THAT THERE WOULD BE A GAS STATION WALKING ON MY WAY BACK HOME, OR TO ANY OF THE LITTLE THE HOUSES IN THAT AREA, I KNOW THAT THINGS HAPPEN AT GAS STATIONS, DRUGS, STUFF LIKE THAT, AND I KNOW WHEN I WENT THERE, IF KIDS WERE DOING IT, IT'S GOING TO BE EVEN WORSE WITH THE GAS STATION THERE.

MIGHT NOT THINK ABOUT IT, BUT I KNOW IT WILL HAPPEN.

AND SO THAT'S A CONCERN FOR ME, KNOWING THAT THERE'S BUS STOPS ALL THROUGHOUT GLENCOVE AND ON EMERSON, KIDS WALK EMERSON AND GLENCOVE MORNINGS AND AFTERNOONS.

SO I KNOW THEY'RE GOING TO STOP AT THE GAS STATION OR ANYTHING ELSE THAT WOULD BE THERE.

SO THAT'S A CONCERN FOR ME, ESPECIALLY SINCE I WILL BE IN INHERITED THE HOUSE.

SO MY FUTURE WILL BE IN THAT HOUSE AND I WOULDN'T WANT.

THAT KIND OF AN ACTIVITY WITH JUST GAS STATION IN GENERAL BEING THERE.

IT'S KIND A LOWER PROPERTY VALUE FOR THE HOUSES.

THERE WAS A HOUSE RIGHT ACROSS THE STREET THAT JUST SOLD IN IN NOVEMBER.

IT'S THE FOURTH HOUSE RIGHT OFF OF GLENCOE THAT SOLD FOR $25,000 LESS THAN WHAT THEY ORIGINALLY ASKED FOR.

AND I KNOW THAT'S GOING TO DROP PROPERTY VALUES EVEN LESS WITH THE GAS STATION RIGHT THERE ESPECIALLY, IT'S NOT EVEN FACING GLEN COVE.

IT'S GOING TO BE NOT EVEN FACING EMERSON.

IT'S GOING TO BE FACING GLEN COVE.

AND I JUST DON'T WANT THAT FOR MY FUTURE.

SO IN GENERAL, IT'S JUST GOING TO CAUSE A LOT OF GAS POLLUTION IN THE AIR.

YOU'RE GOING TO HAVE TRUCKS DRIVING ALL DAY, ALL THE TIME, ANY TIME OF THE DAY, DAY AND NIGHT.

GAS STATIONS ARE 24 OVER SEVEN.

AND KNOWING THAT AREA, IT'S PRETTY GENERALLY SAFE.

I MEAN, SAFE IS IT'S ANYONE HAS THEIR OWN OPINION OF SAFE, BUT KNOWING THAT AREA, I FEEL FINE WALKING AT ALL TIMES OF THE DAY.

AND I KNOW WITH THE GAS STATION THERE, I DON'T KNOW HOW COMFORTABLE I'D BE WALKING ALL TIMES OF THE DAY WITH MY DOG AND STUFF.

SO IN GENERAL I JUST AM NOT FOR IT.

I KNOW A LOT OF PEOPLE ARE NOT FOR IT, BUT BUT YEAH, SO IT'S NOT MY CUP OF TEA.

BUT YES. THANK YOU, THANK YOU.

ANY FURTHER QUESTIONS FROM THE AUDIENCE.

[00:15:03]

OH, EXCUSE ME, MA'AM.

DID YOU HAVE ANOTHER COMMENT? WELL, I WOULD LIKE KNOW IF YOU WANT TO SPEAK.

YOU HAVE TO COME TO THE PODIUM.

I COME UPSTAIRS. YES.

STATE YOUR NAME AND FILL OUT A COMMENT CARD, PLEASE.

MY NAME IS HELEN MULLIS AND I'M AT 1429 CASTLE.

I AM, I THINK, THE FIFTH HOUSE IN.

I'VE OWNED MY HOME SINCE 2011.

I APOLOGIZE, I HAVE A BIT OF A DIFFICULTY SPEAKING, I HAVE COPD.

I APPRECIATE WHAT THE YOUNG LADY HAD TO SAY, BUT I THINK LUMPING ALL BAD THINGS THAT HAPPEN BECAUSE THERE'S A GAS STATION ON THE CORNER IS KIND OF NARROW MINDED.

NONE OF US WANT TO HAVE DEVELOPMENT AND PROGRESS DUMPED IN OUR BACKYARD, BUT UNFORTUNATELY THAT'S A FACT OF LIFE.

THAT'S WHAT'S HAPPENING.

WE ARE EXPANDING RAPIDLY TO THE WEST OF TOWN, BECAUSE THAT'S THE ONLY WAY THAT PALM BAY HAS TO GROW IS WEST OF TOWN WITH THE INCEPTION OF THE NEW PARKWAY.

THEY ARE BUILDING HOMES AND APARTMENTS AS FAST AS THEY CAN.

NAIL THE BOARDS UP, AND THERE IS GOING TO BE GAS STATIONS.

THERE IS GOING TO BE PLAZAS WITH FAST FOOD JOINTS AND RESTAURANTS AND AND DRESS SHOPS AND WHAT BUILT TO THE WEST OF US.

AND OUR CORNER HAS THE OPPORTUNITY TO BE ONE OF THE FIRST TO HAVE THE DEVELOPMENT.

I HAVE SEEN SOME OF THIS GENTLEMAN'S PROPERTIES AND HE IS EVERYTHING HE SAYS HE IS.

THEY ARE BEAUTIFULLY DONE.

THEY ARE WELL MAINTAINED.

IF HE SAYS THERE'S GOING TO BE A BARRIER BETWEEN HIS STATION AND THE HOMES BEHIND HIM, THERE IS A BARRIER.

HE HOLDS UP TO WHAT HE SAYS HE'S GOING TO DO, AND HIS NOT IS TO COME IN AND SLAP SOME CHEAP, NASTY GAS STATION UP ON OUR CORNER.

BUT TO PUT A BEAUTIFULLY DEVELOPED PLAZA WITH SELF-CONTAINING RETENTION PONDS.

BUT NOT JUST BIG CONCRETE MONSTROSITIES.

THEY HAVE FOUNTAINS IN THEM, THEY HAVE LIGHTS.

AND AS FOR THE THE SIDEWALK COMING FROM THE CHILDREN, WE'VE HAD CROSSING GUARDS THERE SINCE 2011 WHEN I BOUGHT THERE HAS NEVER NOT A GUARD TO HELP THOSE CHILDREN ACROSS THAT THOSE THOSE SIDEWALKS FROM THE FROM THE SCHOOL TO THE INTERSECTION OF GLEN COVE AND EMERSON.

SO I THINK FOR THE BASED THE DECISION ON WHETHER OR NOT THERE IS THE PROPENSITY TO HAVE BAD THINGS HAPPEN BECAUSE THERE'S A GAS STATION, IS NARROW MINDED ON OUR PART.

BAD THINGS CAN HAPPEN IF YOU PUT UP A NEW MCDONALD'S.

BAD THINGS CAN HAPPEN.

IF YOU PUT UP A NEW CHURCH, BAD THINGS ARE GOING TO HAPPEN.

BUT TO TRY TO DUMP THE POSSIBILITY OF THAT HAPPENING ON A GENTLEMAN IN HIS HOPEFULLY HIS BUSINESS TO TO BENEFIT US, I THINK IS RATHER NARROW MINDED.

AND I THINK WE HAVE TO LOOK AT THE WHOLE SITUATION AS A PLUS, NOT FOR TODAY, BUT FOR TEN YEARS DOWN THE ROAD.

AND I, QUITE FRANKLY, AM LOOKING FORWARD NOT TO HAVE TO DRIVING ALL THE WAY UP TO PUBLIX FOR A GALLON OF MILK.

SO THAT'S ALL I HAVE TO SAY.

THANK YOU FOR YOUR TIME.

THANK YOU MA'AM. ANY FURTHER QUESTIONS? WITH THE APPLICANT. LIKE TO RESPOND TO THE COMMENTS.

ALL RIGHT. MR..

GOOD EVENING. MY NAME IS ASAF KHAN.

I'M AN ENGINEER AND A GENERAL CONTRACTOR.

SO I RESPECT YOUR FEELINGS.

I RESPECT THE MEMORIES.

CHILDHOOD MEMORIES SHE HAS.

I'M SURE AS THE LADY MENTIONED, THERE ARE ALWAYS CROSSING GUARDS AT THE SCHOOL.

AND TO THINK ABOUT, THEY'RE GOING TO BE DRUG DEALERS OUT THERE.

I THINK THIS IS A DISRESPECT TO THE LAW ENFORCEMENT AGENCIES.

I'M SURE THE LAW ENFORCEMENT AGENCIES ARE GOING TO BE THERE.

THE AREA IS GOING TO BE WELL-LIT, AND WE WOULD HAVE 24 HOURS SURVEILLANCE WITH THE CAMERAS AND ALL THAT THING.

AND IN MY EXPERIENCE, DEVELOPING THESE THINGS, NORMALLY THESE KIND OF GAS STATIONS IS USED BY THE LAW ENFORCEMENT AGENCIES FOR THE AS A PIT STOP ALSO, AND TO GRAB A CUP OF COFFEE AS WELL.

SO I DOUBT, UH, WHATEVER SHE'S CLAIMING IS GOING TO BE HAPPENING THERE.

UH, WE COULD PROMISE THERE'S GOING TO BE A BEAUTIFUL DEVELOPMENT, VERY WELL-LIT, 24 HOUR SURVEILLANCE, AND WE'LL HAVE A FENCE AROUND IT.

SO NO TRESPASSING OR ANYTHING FROM THE SITES OR ANYTHING.

THANK YOU FOR YOUR COMMENTS.

THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS IN THE CASE.

IS BROUGHT BACK TO THE BOARD FOR DISCUSSION BOARD.

DO DO YOU HAVE ANY FURTHER QUESTIONS OR EMOTION, IF I MAY? THE TRUTH OF THE MATTER IS THIS PROPERTY IS ALREADY ZONED COMMUNITY COMMERCIAL.

[00:20:03]

THEY CAN BUILD RESTAURANTS IN, THEY CAN BUILD PROFESSIONAL OFFICE BUILDINGS WITHOUT EVEN COMING BEFORE CITY COUNCIL OR THIS BOARD.

THE ONLY REASON IT'S EVEN HERE IS BECAUSE THEY NEED A CONDITIONAL USE TO PUMP GAS.

IT'S THE ONLY REASON. SO HAVING SAID THAT, MOTION TO APPROVE CU 23 00014.

SECOND OH.

EXCUSE ME 00003.

SECOND. IS THAT MISTER GOOD? YES, YES. OKAY.

MOTION AND A SECOND.

ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

THE NEXT BUSINESS IS Q 23 00014.

[NEW BUSINESS]

THERE YOU ARE. GOOD EVENING.

I'M KIM HAGLER, GIS PLANNER.

THIS IS Q 23 0014.

THE APPLICANT IS A BUSINESS CORP., REPRESENTED BY KEVIN ARBOR.

THIS LOCATION IS EAST OF AND ADJACENT TO DIXIE HIGHWAY.

NORTHEAST IN THE VICINITY, SOUTH OF THE INTERSECTION OF DIXIE HIGHWAY NORTHEAST AND ANGLERS DRIVE, SPECIFICALLY 4391 DIXIE HIGHWAY NORTHEAST. MANY KNOW IT AS THE PREVIOUS OZ'S CRAB SHACK LOCATION.

THE FUTURE LAND USE IS COMMERCIAL.

THE EXISTING ZONING IS BAYFRONT MIXED USE VILLAGE DISTRICT, AND THE SITE IS APPROXIMATELY 0.3 ACRES.

THE APPLICANT REQUESTS A CONDITIONAL USE TO ALLOW ALCOHOL SERVICE AT A AT THE DINING ESTABLISHMENT WITH BAYFRONT MIXED USE VILLAGE DISTRICT, IN ACCORDANCE WITH THE LAND DEVELOPMENT CODE.

UH, THE APPLICANT IS REMODELED THE SITE'S EXISTING TWO STORY BUILDINGS AND SEATS TO REOPEN A RESTAURANT AT THIS CURRENTLY UNOCCUPIED LOCATION.

THE RESTAURANT WILL BE A FAMILY FRIENDLY, FULL SERVICE SEAFOOD RESTAURANT WITH NO EXTENDED HOURS FOR THE BAR.

THIS WILL ENSURE THE SITE'S COMPLIANCE WITH THE NOISE ORDINANCE STANDARDS, AND STAFF RECOMMENDS THE CASE FOR APPROVAL, SUBJECT TO STAFF COMMENTS CONTAINED IN THE STAFF REPORT.

THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? MR. OLSZEWSKI? THANK YOU, MADAM CHAIR.

BRIEFLY, MA'AM. I JUST WANT TO GAIN THE UNDERSTANDING.

IS THIS PARCEL ZONED IN AS THIS MIXED USE VILLAGE THAT WE'VE KIND OF CHANGED THAT CORRIDOR TO ALREADY, AND WE'RE ONLY TALKING CONDITIONAL USE.

OR IS IT IN ONE OF THOSE OLDER USES? IT'S JUST CONDITIONAL USE.

IT'S OKAY. SO IT'S ACTUALLY ALREADY BEEN CLASSIFIED TO THAT THAT VILLAGE.

CORRECT. OKAY.

THAT'S THE POINT OF CLARIFICATION I NEEDED.

THANK YOU. THANK YOU, MADAM CHAIR.

ANY FURTHER QUESTIONS FROM THE BOARD? SEEING NONE WHEN THE APPLICANT LIKE TO COME FORWARD.

GOOD EVENING. I'M KEVIN ARBER.

I'M THE APPLICANT AND THE PRINCIPAL OF BOSTON AND BAILEY CORPORATION DBA GETTING CRABBY.

OUR PLAN IS JUST TO REOPEN THE RESTAURANT ALMOST EXACTLY AS IT WAS.

OZ'S WAS AN ICONIC PLACE.

I'M AN HOUR AND 20 MINUTES SOUTH, AND I USED TO COME UP HERE TO GO TO OZ'S.

WE HAVE A VERY SUCCESSFUL RESTAURANT IN JENSEN BEACH, AND WE HAD ONE IN PORT SALERNO CALLED GETTING CRABBY THAT I VACATED AND BECAUSE OF THIS SPOT BECAME AVAILABLE.

SO I'M LOOKING FORWARD TO HAVING A FAMILY FRIENDLY RESTAURANT THAT WAS THAT HOPEFULLY WILL MIMIC OZ'S AND BE, AS IS WELL KNOWN, PLACES.

OZ'S ARE EVEN BETTER, AND WE DON'T ANTICIPATE HAVING ANY KIND OF LATE NIGHT CROWDS OR ANYTHING LIKE THAT.

WE'RE A VERY SUBDUED FAMILY, FAMILY FRIENDLY PLACE.

IF WE HAVE MUSIC, IT'LL BE SOLO ACTS.

NOTHING EXTREMELY LOUD.

NO, YOU KNOW, BAR BRAWLS OR ANYTHING LIKE THAT.

SO WE HOPE THAT TO MAKE THAT PROPERTY A VERY PROUD PLACE OF PALM BAY AGAIN.

THAT'S OUR PLAN.

THANK YOU SIR. DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? OH, YES, MA'AM, IF I MAY.

I MIGHT HAVE MISSED IT IN THE ANALYSIS, BUT I GUESS THE ONLY QUESTION I HAVE IS ARE WE TALKING ABOUT.

WELL, MY MY GUESS IS, UM.

SEE IF I CAN PULL IT OFF.

OH. ANYWAY, SO MY ONLY QUESTION I HAVE WAS, IS, IS THE ARE YOU ALL SERVING FULL BAR OR IS IT JUST GOING TO BE BEER AND WINE OR FULL ALCOHOL? WELL, WE ANTICIPATE TO HAVE FULL BAR.

SO IT'S GOING TO BE A FULL BAR. YES.

[00:25:01]

NO PROBLEM. WANTED CLARITY ON.

THANK YOU, SIR.

OKAY. THANK YOU. FOR THE RECORD, THERE IS ONE LETTER OF CORRESPONDENCE IN THE PACKET ON THIS CASE.

THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK IN FAVOR OF THIS REQUEST? ANY OPPOSED? SEEING NONE. THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS AND BROUGHT BACK TO THE BOARD FOR FURTHER DISCUSSION OR MOTION.

MOTION TO APPROVE CU 23 00014.

SUBJECT TO THE CONDITIONS NOTED IN THE STAFF REPORT.

SECOND, I BELIEVE IT WOULD BE A WELCOME CONDITION ADDITION BACK TO THE BAYFRONT AREA.

SO I SECOND THAT MOTION BY MR. WEINBERG. MR. WARNER. ALL IN FAVOR? AYE. ANY OPPOSED? THANK YOU. MOTION CARRIES UNANIMOUSLY.

NEXT CASE.

SIU 23 00016.

COMPANION CASE FOR THIS.

JUST. HEY, GOOD EVENING, KIM HAGLER, GIS PLANNER.

THE APPLICANT AGAIN IS AD BUSINESS CORP., REPRESENTED BY KEVIN ARBOR.

AGAIN, THIS IS THE SAME PREVIOUSLY AUSSIES CRAB SHACK LOCATION.

THE FUTURE LAND USE COMMERCIAL.

THE EXISTING ZONING IS BAYFRONT MIXED USE VILLAGE DISTRICT.

SO THIS REQUEST, THE APPLICANT REQUESTS TO ALLOW OUTDOOR DINING AT A DINING ESTABLISHMENT WITHIN THE BAYFRONT MIXED USE VILLAGE DISTRICT IN ACCORDANCE WITH THE LAND DEVELOPMENT CODE. AND IN 2009, SITE PLAN NUMBER 1247 WAS APPROVED FOR A RESTAURANT WITH OUTDOOR OUTDOOR DINING.

THE PARKING REQUIREMENTS FOR 102 SEATS AND 12 STAFF ARE MET THROUGH ONSITE PARKING AND A PERPETUAL GRANT OF EASEMENT, WITH THE VFW SITE TO THE SOUTH, AND BY A PARKING VARIANCE WITH THE CITY.

STAFF RECOMMENDS CASE Q 2316 FOR APPROVAL, SUBJECT TO STAFF COMMENTS CONTAINED IN THE REPORT.

THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? SEEING NONE WILL THE APPLICANT COME FORWARD? THIS IS KEVIN ARBOR AGAIN.

I DON'T REALLY HAVE ANY ADDITIONAL COMMENTS.

THIS WOULD GO EXACTLY THE SAME THING I SPOKE ON BEFORE, SO IF YOU GUYS HAVE ANY QUESTIONS, I WOULD BE HAPPY TO ANSWER THEM.

THANK YOU. BOARD.

DO YOU HAVE ANY QUESTIONS, MR. OLSZEWSKI? THANK YOU, MADAM CHAIR.

THANK YOU, SIR, FOR COMING OUT AND PRESENTING THIS PROJECT AND BEING SO INVESTED IN PALM BAY QUESTION FOR YOU IS ON THE OUTDOOR SEATING, ARE YOU ADDING TO THE FOOTPRINT THAT OZ'S KIND OF USED? WHAT IS THE OUTDOOR SEATING? YEAH, THERE'S VERY LIMITED OUTDOOR SEATING.

THERE'S THERE'S A A SECOND STORY PORCH THAT HAS, I DON'T KNOW, MAYBE 20 SEATS UP THERE.

AND THEN THERE'S ANOTHER 10 OR 20 BELOW.

WE DIDN'T CHANGE THE FOOTPRINT OR THE SEATING AT ALL.

OKAY. YOU HAVEN'T MADE A NEW DECK OR ANYTHING.

SO THAT 102 SEATS IS FOR YOUR ENTIRE RESTAURANT, INCLUDING THE FEW THAT YOU HAVE OUTSIDE.

THAT'S CORRECT. UNDERSTOOD.

THANK YOU FOR THE CLARIFICATION.

THANK YOU, MADAM CHAIR AND MADAM.

MADAM CHAIR, JUST TO ADD TO THAT, JUST TO ADD TO THAT QUESTION, ARE THERE ANY FUTURE EXPANSIONS IN THE PLANS OR IN THE WORKS? THERE IS NOT. AT THIS TIME WE WOULD WE WOULD BE INTERESTED IF EVERYTHING GOES GREAT TO PURCHASE THE PROPERTY FROM THE EXISTING LANDLORD.

AND AT THAT POINT I CAN'T SAY.

BUT RIGHT NOW ABSOLUTELY NO PLANS.

AND WITHIN THE NEXT 5 TO 10 YEARS.

THANK YOU. ANY FURTHER QUESTIONS? THANK YOU SIR.

THANK YOU. FOR THE RECORD, THERE IS A CORRESPONDENCE IN THE FILE ON THIS CASE.

THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS WHEN ANYONE IN THE AUDIENCE WISHES TO SPEAK IN FAVOR OF THIS REQUEST.

ANY OPPOSED? SEEING NONE, IT'S BROUGHT BACK TO THE FLOOR IS NOW CLOSED, AND IT'S BROUGHT BACK TO THE BOARD FOR A MOTION OR FURTHER DISCUSSION.

BOARD. MOTION TO APPROVE CU 23 00016.

SUBJECT TO THE CONDITIONS IN THE STAFF REPORT.

SECOND MOTION BY MR. WEINBERG. SECOND BY MR. BOEREMA. ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

NEXT CASE.

NEXT PAGE. CP 23 00017.

MS.. RAMOS. YES.

ROUND ONE UP THERE.

THAT'S 17.

[00:30:01]

OKAY. CP 23 000 17.

THE OWNER IS DIAZ TREASURES, LLC AND THE REPRESENTATIVES ARE TONY MASON AND JAKE WISE.

THE LOCATION IS SOUTH OF AND ADJACENT TO MALABAR ROAD IN THE VICINITY OF SAINT JOHNS HERITAGE PARKWAY NORTHWEST.

THE SITE IS APPROXIMATELY SIX ACRES AND CURRENTLY HAS AN AGRICULTURAL RESIDENTIAL ZONING FROM BREVARD COUNTY.

AND IT CURRENTLY HAS A FUTURE LAND USE OF RESIDENTIAL ONE FROM BREVARD COUNTY.

SO THE APPLICANT IS REQUESTING A SMALL SCALE.

SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM THE REZ ONE TO COMMERCIAL, AND THE REASON FOR THIS IS THIS PROPERTY IS RECENTLY BEING ANNEXED OR RECENTLY ANNEXED INTO THE CITY.

AND I HAVE SEVERAL CASES HERE IN A ROW, AND THEY'RE ALL BEING ANNEXED INTO THE CITY, AND THEY NEED TO BE ASSIGNED CITY.

FUTURE LAND USE AND ZONING CLASSIFICATIONS.

SO THE FUTURE LAND USE OF COMMERCIAL IS BEING PROPOSED FOR THIS SITE.

THE REQUEST FOR COMMERCIAL FUTURE LAND USE PROVIDES A TRANSITION BETWEEN MAJOR ROADWAYS AND OTHER COMMERCIAL DEVELOPMENT INTO THE RESIDENTIAL AREAS, AND THE SITE IS NEAR THE INTERSECTION OF ARTERIAL ROADWAYS WITH BOTH RESIDENTIAL AND COMMERCIAL PROPERTIES NEARBY.

THE PROPOSED LAND USE AMENDMENT IS COMPATIBLE WITH THE ESTABLISHED NEIGHBORHOODS AND WILL PROVIDE SUPPORTING COMMERCIAL DEVELOPMENT.

SO CASE CP 23 000 17 IS RECOMMENDED FOR APPROVAL AND STAFF IS AVAILABLE IF YOU HAVE ANY QUESTIONS.

AND JAKE WISE IS HERE REPRESENTING THE APPLICANT.

THANK YOU. MISS.

DOES THE BOARD, MR. OLSZEWSKI? THANK YOU, MADAM CHAIR.

MISS RAMOS, MAY I ASK THE THE DEVELOPER THIS QUESTION TOO? BUT. ARE THEY EXPRESSING HOW SOON THEY WANT TO START? AND WITH THAT SAID, HAS STAFF INDICATED IN THEIR COMMENTS HOW SOON THEY CAN START? WHAT I'M GETTING AT IS THE UPGRADES TO THE INTERSECTION.

THERE'S NO WAY THAT I WOULD BE EXCITED ABOUT THIS COMMERCIAL PROJECT HAPPENING RIGHT NOW IF THEY PUT A SHOVEL IN THE GROUND TOMORROW.

SO THE CLARIFICATION I'M SEEKING IS WILL THE TRAFFIC LIGHT EXIST? AND MOREOVER, WILL THE UPGRADED TRAFFIC LIGHT EXISTS BEFORE THIS PROJECT EXISTS? AND AGAIN, IF MAYBE YOU'RE NOT THE RIGHT PERSON.

I'LL LET THE DEVELOPER SPEAK TO THAT.

BUT THIS IS THE FUTURE LAND USE RIGHT NOW.

SO I THINK THAT THAT WOULD BE MORE APPLICABLE ONCE WE GET FURTHER INTO THE PROCESS.

BUT I AM JUST REPRESENTING THIS ONE FOR ALEX BERNARD.

SO I DIDN'T DO A LOT OF IN DEPTH.

SO I'LL LET MR. WEISS SPEAK ON THAT AS WELL.

NO PROBLEM. I'LL ASK HIM.

THANK YOU. THANK YOU, MADAM CHAIR.

THANK YOU. MR.. MR. RAMOS. MS..

RAMOS. HELLO.

YOU SAID THAT THIS PROPERTY HAS ALREADY BEEN ANNEXED INTO THE CITY.

THAT'S NOT TRUE, IS IT? THIS IS SUBJECT TO THE APPROVAL OF THE ANNEXATION BY CITY COUNCIL, CORRECT? IT MAY BE STILL.

DO YOU KNOW WHAT DAY IT'S GOING TO CITY COUNCIL? OR HAS IT ALREADY? I BELIEVE, AND I'M SORRY, MICHAEL, I BELIEVE IT'S ALREADY GONE TWICE BEFORE COUNCIL.

AM I CORRECT IT OR IT ALREADY HAS BEEN AN EXCELLENT.

OKAY. THANK YOU. YEAH, I THOUGHT THIS WAS THIS IS THE ONE WHERE WE ACTUALLY OWN THE PARCEL TO THE WEST OF IT.

THAT'S CORRECT SIR. SO THERE WAS.

YEAH, THAT WAS ON THE LAST CITY COUNCIL MEETING.

OKAY. NOW I CAN'T REMEMBER NOW THAT WAS FIRST READING OR SECOND READING, BUT BUT AT A MINIMUM, THERE'S ALREADY BEEN A FIRST READING ON, ON THE ANNEXATION OF THIS PARCEL.

OKAY. YES, SIR. THANK YOU FOR THAT CLARIFICATION.

ANY FURTHER QUESTIONS FROM THE BOARD FOR THE APPLICANT'S REPRESENTATIVE, MR. WEISS? OH.

I'M SORRY. OKAY.

OH, JAKE. GO AHEAD.

SO I HAD ANOTHER QUESTION.

THANK YOU SO MUCH.

I'M HAPPY TO ANSWER YOUR QUESTIONS AS WELL.

THIS ITEM, THIS PROPERTY HAS THREE ITEMS TONIGHT.

THE NEXT THREE IN CONSECUTIVE ORDER.

THE FIRST ONE IS THE FUTURE LAND USE.

WE DID ALREADY GO BEFORE COUNCIL.

THEY DID UNANIMOUSLY AGREE TO ANNEX IT.

WE DID HAVE SECOND READING ALREADY.

THERE WAS NO OBJECTIONS.

AND COUNCIL LIKE THE PROJECT THEY ARE AS THIS BOARD IS VERY WELL AWARE, LOOKING FOR MORE AND MORE COMMERCIAL DEVELOPMENT, WHICH IS EXACTLY WHAT WE'RE PROPOSING HERE.

SO FOR THE ANNEXATION, IT WAS COUNTY.

SO IT HAD COUNTY ZONING, HAD COUNTY LAND USE.

SO NOW THAT THE ANNEXATION IS APPROVED, THIS IS THE NEXT STEP TO BE ABLE TO GET THE FUTURE LAND USE APPROVED, THE ZONING APPROVED, AND THE CONDITIONAL USE APPROVED OF THIS BOARD IS IN AGREEMENT.

SO WE HAVE BEEN WORKING WITH CITY STAFF FOR YEARS ACTUALLY, ON THIS PROJECT.

[00:35:05]

AND THERE'S THREE AGENDA ITEMS LATER TONIGHT RELATED TO THAT AS WELL.

SO WE WORKED WITH THE CITY TO SWAP THE PROPERTIES SO THAT THE FUTURE RIGHT OF WAY OF THE PARKWAY BEING EXTENDED SOUTH COULD OCCUR.

AND AS FAR AS THAT INTERSECTION GOES, THE CITY HAS ALREADY ALREADY HAS APPROVAL TO BRING A TRAFFIC SIGNAL THERE.

THE LAST TIME WE SPOKE WITH PUBLIC WORKS, THEIR PLAN WAS TO TAKE THE TRAFFIC SIGNAL THAT'S AT THE PARKWAY AND BABCOCK STREET, AND TO MOVE IT OVER TO THAT INTERSECTION.

THAT INTERSECTION AT BABCOCK AND THE PARKWAY IN SOUTHEAST PALM PALM BAY IS CURRENTLY UNDER CONSTRUCTION, SO HOPEFULLY THAT WILL HAPPEN IN THE VERY NEAR FUTURE AS THOSE IMPROVEMENTS KEEP MOVING FORWARD.

SO AS FAR AS WE ARE REQUESTING TONIGHT FOR THIS PROJECT AND FOR THIS CURRENT VOTE THAT YOU HAVE BEFORE YOU, AND THIS AGENDA ITEM IS JUST SIMPLY THE FUTURE LAND USE.

I WON'T GO THROUGH THE DETAILS OF IT.

IT'S IN YOUR REPORT.

WE HAVE THE TEN CRITERIA THAT WE GO THROUGH FOR THESE.

YOU GUYS ARE FAMILIAR WITH THEM.

WE BELIEVE AND STAFF AGREED THAT WE MEET ALL THAT CRITERIA AND THEY DO RECOMMEND US FOR APPROVAL.

SO WITH THAT TIME FRAME YOU ASKED ABOUT AS WELL A TIME FRAME, THIS IS REALLY THE SECOND STEP.

WE DID THE ANNEXATION FUTURE.

IF THOSE ARE APPROVED, WE WOULD THEN MOVE FORWARD WITH A SITE PLAN.

THAT PROCESS IS PROBABLY GOING TO TAKE ANYWHERE FROM 6 TO 9 MONTHS FROM NOW.

SO THE ANTICIPATION WOULD BE THE TRAFFIC SIGNAL WOULD BE INSTALLED, ANY OTHER INTERSECTION IMPROVEMENTS WOULD BE WORKED ON.

AND RIGHT NOW, MALABAR ROAD IS GOING THROUGH A PDA STUDY TO LOOK AT THE ULTIMATE IMPROVEMENTS, WHICH I THINK WE ALL ARE FULL AGREEMENT.

OUR NEED IS FOUR LANING OF THE ROAD THROUGH THERE AND ALSO FOUR LANING OF THE PARKWAY TO THE NORTH.

SO IF I DIDN'T ANSWER ANY QUESTIONS OR IF YOU HAVE ANY OTHER QUESTIONS, I'D BE HAPPY TO RESPOND.

AND IF THERE ARE ANY PUBLIC COMMENTS, APPRECIATE A CHANCE TO RESPOND TO THEM.

THANK YOU, MR. WISE. ANY MORE QUESTIONS, MR. OLSHEVSKY? THANK YOU, MADAM CHAIR.

THANK YOU, MR. WISE, FOR THIS PRESENTATION TONIGHT.

AND OBVIOUSLY ALL YOU DO IN OUR CITY.

MY QUESTION STANDS ABOUT THE UNFOLDING OF THIS PROJECT AND BEING A COMMERCIAL PROPERTY.

SO IT'S VERY RELEVANT TO THIS PARTICULAR CASE BECAUSE WHERE IT IS NOW, SOMEONE OWNED IT AND THEY WANTED TO RANDOMLY BUILD A HOUSE IN THE MIDDLE OF IT.

THEY COULD. AND THE TRAFFIC THAT WOULD GENERATE AT 3:00 IN THE AFTERNOON IN SIX MONTHS OR NINE MONTHS FROM NOW WOULDN'T BE A BIG DEAL.

BUT THREE MONTHS, SIX MONTHS, NINE MONTHS FROM NOW, THE TRAFFIC ON THAT PARTICULAR PORTION OF MALABAR AND THE TRAFFIC ON THAT PARTICULAR PORTION OF THE PARKWAY IS HORRIBLE. IT'S IF THERE WAS A VISUAL OF OUR CITY AND THE TRAFFIC, THAT ONE IS PURPLE.

IT'S NOT EVEN RED. IT'S DARK PURPLE AT MOST HOURS OF THE DAY, MOST FUNCTIONAL HOURS.

SO IF WE'RE TO BRING THIS TO A COMMERCIAL FUTURE, LAND USE AND SUBSEQUENT CASES, AND YOU GUYS PUT SHOVELS IN THE GROUND, WHICH I'M ALWAYS VERY EXCITED ABOUT, I HAVE A LITTLE APPREHENSION HAVING SEEN OTHER THINGS UNFOLD IN THE CITY.

AN EXAMPLE, FOR YOUR SAKE AND FOR THE BOARD'S IS MINTON ROAD, THE PROPERTY ON MINTON ROAD.

THEY HAVE THE APARTMENT COMPLEX.

THEY WERE SUPPOSED TO IMPROVE THAT INTERSECTION COMPLETELY BEFORE THEY MOVED INTO THE APARTMENT COMPLEX, BUT THEY DID NOT.

SO SUBSEQUENTLY, WE HAVE PROPERTY THAT WAS ANNEXED INTO THE CITY, WANTED TO BECOME COMMERCIAL, AND NOW WE'RE INHIBITED FROM DOING RIGHT NOW BECAUSE THAT INTERSECTION IS WOEFULLY PURPLE.

SO I JUST I'M TRYING TO HAVE A LITTLE BIT OF FORESIGHT HERE AND SAY, WHERE ARE WE REALLY AT WITH THE IMPROVEMENTS TO THAT INTERSECTION? BECAUSE TO YOUR POINT, THE PLAN TO BRING THE TRAFFIC LIGHT UP FROM THE OTHER INTERSECTION IS UNDERWAY.

WE ALL KNOW THAT THAT IS A BAND AID.

IT'S IT'S A LITTLE PIECE OF TAPE ON A ON A PRESSURIZED WATER PIPE.

THAT INTERSECTION WILL NEED TO BE IMPROVED, MOST LIKELY BEFORE MALABAR IS FOUR LANES EVEN BIGGER A SECOND GENERATION.

AND THAT'S WHEN I WOULD SEE YOUR EXTENSION COMING IN AND THIS PROPERTY GOING.

BUT THIS PROPERTY BECOMING COMMERCIAL AND BEING DEVELOPED AS COMMERCIAL.

BEFORE THIS, THE PARKWAY IS EXTENDED AND BEFORE THE INTERSECTION IS SIGNALIZED IN THE PROPER WAY WITH BIG, PROPER MAST ARM SIGNALS. I'M NOT SEEING IT.

THE QUESTION FOR THE APPLICANT, I THINK I THINK I HEARD A QUESTION IN THERE.

YEAH. AND MR. WISE ALWAYS HEARS MY QUESTION.

SO, SIR, IF YOU MAY.

THANK YOU. ALL.

FAIR POINTS. THIS IS ONE OF THE HIGHEST PRIORITIES IN THE CITY AS FAR AS THE EXACT TIMING OF THE TRAFFIC SIGNAL MOVING.

[00:40:01]

I DON'T KNOW EXACTLY WHEN THE ANTICIPATION OF THAT SIGNAL MOVING IS.

THEY DO HAVE PERMISSION FROM THE COUNTY TO DO SO, THOUGH.

THE OTHER GOOD THING IS THIS PORTION OF THE PARKWAY IS IN THE CONTROL OF THE CITY.

THERE'S ANOTHER PROJECT THAT THIS BOARD PREVIOUSLY HEARD, THREE FORKS, THAT IS PLANNING TO EXTEND THE PARKWAY TO THE SOUTH.

THAT PROJECT IS WORKING CLOSELY WITH THIS ONE.

THEY DON'T PLAN TO MOVE FORWARD UNTIL THAT SIGNAL IS INSTALLED.

THE TIME FOR PERMITTING IS MANY, MANY MONTHS.

WE WOULD HAVE TO DO A TRAFFIC IMPACT STUDY BECAUSE IT WOULD CREATE MORE THAN 100 TRIPS PER DAY.

BUT THE BIG THING ABOUT A CORNER INTERSECTION LIKE THIS WITH A GAS STATION AND MAYBE A FAST FOOD END USER, SOMETHING LIKE THAT, IT'S NOT A DESTINATION.

IT'S TO COMPLIMENT THE EXISTING PASSER BY TRAFFIC.

IT'S NOT GOING TO CREATE A LOT OF TRIPS.

IT'S GOING TO ACTUALLY BE A BENEFIT TO THE PEOPLE THAT ARE ALREADY TRAVELING THIS SEGMENT.

SO WHILE WE UNDERSTAND THE CONCERN OF EXISTING CONDITIONS, THIS IS NOT GOING TO BE A BIG EXACERBATION OF THAT EXISTING CONDITION.

BUT WE DO ANTICIPATE THAT THOSE IMPROVEMENTS WOULD BE INSTALLED BEFORE A PROJECT LIKE THIS WOULD HAVE THE ABILITY TO GET ALL THE WAY DOWN THE ROAD AND TO HAVE A GRAND OPENING OR SOMETHING LIKE THAT.

SO BUT TONIGHT, AGAIN, IS JUST THE REQUEST FOR THE LAND USE, THE ZONING, AND THEN ULTIMATELY THE CONDITIONAL USE FOR THE POTENTIAL GAS STATION.

THERE IS NO END USER AT THIS TIME, SO WE DON'T HAVE ANY KIND OF SPECIFIC TIMEFRAMES.

IT'S VERY ARTICULATE RESPONSE TO A VERY ARTICULATE QUESTION, AND I APPRECIATE IT.

SIR. ONE BRIEF FOLLOW UP, DOES ANYTHING DEVELOP ON THIS PRESUMABLY COMMERCIAL PARCEL BEFORE THE SAINT JOHNS HERITAGE PARKWAY EXTENSION TO THE SOUTH IS HAPPENING? THE ACCESS IS ON THIS.

DOES THIS PROJECT ACCESS ONLY MALABAR BEFORE THAT HAPPENS? IT CERTAINLY IS POSSIBLE THAT IT COULD IT COULD MOVE AHEAD.

THAT WOULD BE DEPENDENT ON ANOTHER DEVELOPMENT.

AND SO WE WOULDN'T WANT TO PUT THE BURDEN OF ONE DEVELOPMENT ON ANOTHER ONE MOVING FORWARD.

WE'VE LEARNED A LOT OF LESSONS ON THAT IN SOUTHEAST QUADRANT OF THE CITY.

AS MANY PROPERTY OWNERS AS THERE IS, THERE'S ONLY TWO OF YOU GUYS.

BUT ANYWAYS, THANK YOU VERY MUCH SIR.

I REALLY APPRECIATE THIS INFORMATION.

IT HELPS ME MAKE A MORE EDUCATED DECISION AND I HOPE IT DOES.

MY FELLOW BOARD MEMBERS TOO.

THANK YOU, MADAM CHAIR. ANY FURTHER QUESTIONS, MR. WEINBERG? YEAH.

HAS HAS THE CITY ALREADY AGREED TO THAT LAND SWAP WITH THE 2.77 ACRES, JAKE? THEY HAVE. IN FACT, THERE'S 2 OR 3 AGENDA ITEMS RIGHT AFTER THIS ONE.

WELL, THAT'S THE 13 ACRES, BUT THERE'S 2.77 SPECIFICALLY.

WELL, I APPRECIATE IT IS THEY'RE SWAPPING THAT SO THAT IN RETURN FOR THE LAND TO WIDEN MALABAR ROAD IN THE FUTURE.

AND ALSO THE SAINT JOHNS HERITAGE PARK.

I'M SORRY. YES. ALSO, THE 49, 50FT AT THE NORTH END, THAT IS ALSO PART OF THE AGREEMENT.

I DID FORGET TO MENTION THAT.

THANK YOU. OKAY. THANK YOU.

JAKE. ANY FURTHER QUESTIONS FOR THE APPLICANT FROM THE BOARD? SEEING NONE. THANK YOU.

THANK YOU. FOR THE RECORD, THERE ARE NO LETTERS IN THE FILE ON THIS CASE.

THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? ANY OPPOSED? SEEING NONE IS BROUGHT BACK TO THE BOARD FOR FURTHER DISCUSSION OR OR EMOTION.

YEAH. AS MISTER WISE MENTIONED, YOU KNOW, THIS IS NOT GOING TO BE A LOCATION, YOU KNOW, A PLACE THAT'S GOING TO DRAW PEOPLE FROM FROM ALL OVER THE CITY.

THIS IS GOING TO SERVE THE PEOPLE IN THE LOCAL, YOU KNOW, NEIGHBORHOOD.

SO MOTION TO APPROVE CP 23 00017.

SECOND, AND JUST TO ADD A LITTLE BIT OF FURTHER DISCUSSION TO THIS, IF YOU DON'T MIND, MADAM CHAIR, IT'S APPRECIATIVE TO TO KNOW A LITTLE BIT OF WHAT'S GOING TO WHAT'S GOING TO HAPPEN IN THOSE CORRIDORS AND WHAT'S GOING TO HAPPEN IN THOSE CORNERS.

I MEAN, AS YOU ALL KNOW, I'M A LITTLE BIT FOR COMMERCIAL, BUT UNDERSTANDING HOW AND BECAUSE WE HAVE A LITTLE BIT MORE OF A FORESIGHT AS TO WHAT'S HAPPENING IN THE CITY, BUT TO HAVE A BETTER UNDERSTANDING OF WHAT'S COMING INTO THE CITY AND HOW ALL OF THIS AND HOW WE'RE MOVING LAND AND HOW THINGS ARE TO PLAY, IT GIVES US A BETTER UNDERSTANDING OF HOW WE CAN, HOW WE CAN MOVE FORWARD WITH THE WITH THESE PROJECTS.

AND SO I APPRECIATE, YOU KNOW, YOU'RE MAKING YOUR COMMENTS AND NO PUN INTENDED, BY BEING A VERY WISE GESTURE AND A VERY WISE MOVE.

SO APPRECIATE THAT.

THANK YOU. THANK YOU.

WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR? AYE. ANY OPPOSED? NAY. MR..

OLSZEWSKI. NAME? THAT'S CORRECT MA'AM. OKAY.

THANK YOU. MOTION CARRIES THE COMPANION CASE CPC 23 00009, MISS RAMOS.

THIS IS THE ACCOMPANYING REZONING.

THE APPLICANT AGAIN, IS DIAZ TREASURES LLC, REPRESENTED BY TONY MASON AND JAKE WISE.

[00:45:07]

THE APPLICANT IS REQUESTING A REZONING FROM THE BREVARD COUNTY DESIGNATION OF AEW, WHICH IS AGRICULTURAL RESIDENTIAL, TO THE CITY OF PALM BAYS, WHICH IS COMMUNITY COMMERCIAL.

AND THIS IS IN CONJUNCTION WITH THE COMMERCIAL FUTURE LAND USE REQUEST.

THIS NEWLY ANNEXED PROPERTY DOES NOT CURRENTLY HAVE A PALM BAY ZONING CLASSIFICATION ALREADY, AND IS IN ALIGNMENT WITH THE VISION OF EXPANDING COMMERCIAL DEVELOPMENT OPPORTUNITIES TO MEET THE NEEDS OF THE COMMUNITY.

CP 23 00009 IS RECOMMENDED FOR APPROVAL AND I'M AVAILABLE, AND THE APPLICANT IS AVAILABLE IF YOU HAVE ANY QUESTIONS. THANK YOU, MISS RAMOS.

DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? JUST JUST ONCE AGAIN, WE'RE JUST GOING TO BE CLEAR THAT THIS CASE IS ALSO PERTAINING TO THE PREVIOUS CASE THAT'S ALREADY ANNEXED INTO THE CITY.

CORRECT. YES. THIS IS THE ZONING TO GO ALONG WITH THE FUTURE LAND USE.

AND IT'S ALREADY ANNEXED INTO THE CITY.

CORRECT. OR IS IN THE PROCESS.

IT'S FINALIZED.

OKAY. IT'S FINALIZED.

THANK YOU. MAKES A DIFFERENCE.

OKAY. ANY FURTHER QUESTIONS? SEEING NONE WITH THE APPLICANT.

COME FORWARD.

THANK YOU. OF COURSE.

SAME PROPERTY WE JUST SPOKE ABOUT.

ONE QUICK CLARIFICATION I AM COLORBLIND.

I DIDN'T KNOW WHAT YOU MEANT BY PURPLE.

MY ESTEEMED COLLEAGUE WAS EXPLAINED TO ME WHAT IT IS.

SO NOW I UNDERSTAND WHAT YOU MEAN BY PURPLE.

SO THANK YOU. BUT YEAH, THIS IS JUST THE ZONING FOR THE SAME PROPERTY.

WE'RE ASKING FOR IT TO BE CHANGED FROM A COUNTY ZONING TO A CITY ZONING WITH COMMUNITY COMMERCIAL AND YOUR STAFF REPORTS IS THE SIX CRITERIA FOR ZONING CHANGE. AND WE'RE IN COMPLIANCE WITH THOSE.

AND STAFF DOES RECOMMEND APPROVAL.

WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS.

AND AGAIN, IF THERE'S ANY PUBLIC COMMENTS, I'D APPRECIATE A CHANCE TO RESPOND.

THANK YOU, MR. WISE.

ANY QUESTIONS FROM THE BOARD FOR THE APPLICANT? MR. OLSZEWSKI? THANK YOU, MADAM CHAIR.

THANK YOU, MR. WEISS, FOR YOUR PRESENTATION THIS EVENING.

FOR EVERYTHING YOU DO IN OUR CITY, IN WANTING THIS POTENTIALLY COMMERCIAL PROPERTY TO BE BROUGHT INTO COMMUNITY.

COMMERCIAL. WHERE? WHAT I'M TRYING TO GET AT IS WHAT LEVEL OF RESEARCH GOES INTO ARTICULATING AND MAKING THE STATEMENT THAT WE'RE WE'RE A PASSING THROUGH BUSINESS, WHEN CURRENTLY THAT PIECE OF LAND IS AT A DEAD END FROM THE EAST AND FROM THE NORTH, AND EVEN, YOU KNOW, A FEW YEARS OUT, THE PROSPECTS ARE A FEW HUNDRED, MAYBE A COUPLE THOUSAND RESIDENTS DOWN IN THIS POCKET.

SO I'M TRYING TO UNDERSTAND WHERE THE THOUGHT PROCESSES OF THE PASSER THROUGH AND THE TRAFFIC PATTERNS, BECAUSE WHAT I WAS REFERRING TO IS PURPLE IS A IS A THUNDERSTORM REFERENCE.

YOU KNOW, THE RADAR MAN, THAT'S WHEN YOU'RE GOING TO GET HAIL AND TORNADOES, AND IT'S BECAUSE THERE'S NOWHERE FOR IT TO MOVE.

MY APPREHENSION IN THIS PROPERTY AND NOW IN THIS CASE AND COME INTO COMMUNITY, COMMERCIAL, AND ALL OF THOSE USES THAT ARE AVAILABLE, IS TO NAVIGATE THAT YOU HAVE TO PASS THROUGH THE DEAD END.

SO WHOEVER IS IS HERE IS GOING SOMEWHERE ELSE, AND THEY'RE ONLY GOING TO CREATE A WORSE PROBLEM BECAUSE THEY WANT TO COME INTO HERE.

SO I'M TRYING TO UNDERSTAND THE FLOW THAT'S ASSUMED WITH THIS PARCEL OF PROPERTY BECAUSE I JUST DON'T SEE IT.

YEAH. NO PROBLEM.

THE NATURE OF COMMUNITY COMMERCIAL IS IT'S FOR THE LOCAL COMMUNITY.

THERE'S GAS STATIONS A MILE DOWN THE ROAD TO THE EAST.

THERE'S OTHER GAS STATIONS UP TO THE NORTH, THINGS LIKE THAT.

SO IT'S FOR THE GENERAL PUBLIC THAT'S ALREADY IN THE AREA, ALREADY DRIVING.

SO WE SAY PASSERBY BY TRAFFIC.

IT'S TRAFFIC THAT'S ALREADY ON THE ROAD COMING PAST HERE MOSTLY IT'S NOT A DESTINATION.

IT'S NOT THE NEW RESTAURANT YOU JUST APPROVED OR SOMEBODY'S GOING TO DRIVE ACROSS TOWN.

SOMEBODY'S GOING TO COME FROM MELBOURNE AND GO TO IT.

THEY'RE GOING TO GO TO A MORE CONVENIENT GAS STATION, UNLESS THEY ALREADY HAPPEN TO BE IN THAT AREA.

AND THE SAME FOR THE OTHER POTENTIAL USES THAT WE'RE LOOKING AT AND THAT TYPICALLY GO INTO A COMMUNITY COMMERCIAL ZONING.

SO WE'RE BUT THAT'S REALLY PUTTING THE CART WAY BEFORE THE HORSE BECAUSE WE'RE JUST ASKING FOR A ZONING AT THIS TIME.

WELL, I STILL UNDERSTAND YOUR CONCERN.

WE STILL HAVE TO COME IN WITH A WHOLE SITE PLAN, TRAFFIC, STUDY, ALL THE THINGS THAT GO ALONG WITH THAT.

[00:50:03]

SO ALL OF THAT IS IN THE WORKS MOVING FORWARD.

AND. I DON'T THINK THERE'S A HIGHER PRIORITY IN THE CITY THAT I'M AWARE OF, OF AN INTERSECTION THAT NEEDS IMPROVEMENT THAN THIS ONE.

SO REFLECTING YOUR SENTIMENTS, I THINK IT IS ONE OF THE HIGHEST PRIORITIES.

WELL, I THINK FOR THE RESPONSE THERE, IT HELPS ME MAKE AN INFORMED DECISION.

THANK YOU, MADAM CHAIR. ANY FURTHER QUESTIONS FROM THE BOARD? THANK YOU, MR. WEISS.

FOR THE RECORD, THERE ARE NO LETTERS IN THE FILE IN THIS CASE.

THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

DOES ANYONE WISH TO SPEAK IN FAVOR OF THIS REQUEST? ANY OPPOSED? SEEING THAT IT'S BROUGHT BACK TO THE BOARD FOR A MOTION OR FURTHER DISCUSSION.

YEAH, THIS PROPERTY HAS ALREADY BEEN ANNEXED INTO THE CITY.

AND, YOU KNOW, OBVIOUSLY NOBODY'S GOING TO BUILD RESIDENTIAL HOUSING ON THIS PROPERTY.

SO, YOU KNOW, COMMUNITY COMMERCIAL JUST MAKES SENSE.

SO MOTION TO APPROVE CPC 23 0009.

SECOND. MOTION BY MR. WEINBERG. SECOND BY MR. GOOD. ALL IN FAVOR? AYE. ANY OPPOSED? NAY. MOTION CARRIES 5 TO 1.

NEXT CASE. SIU 23 00012.

MISS RAMOS.

OKAY. THE APPLICANT IS AGAIN.

THE TREASURER'S REPRESENTED BY TONY MASON AND JAKE WISE.

AND THIS IS A CONDITIONAL USE TO ALLOW RETAIL, AUTOMOTIVE, GAS AND FUEL SALES WITHIN THE COMMUNITY COMMERCIAL DISTRICT IN ACCORDANCE WITH SECTION 185 .043. THE APPLICANT HAS PROVIDED A CONCEPTUAL PLAN.

SO THIS IS REALLY JUST FOR THE RETAIL USE FOR FUEL SALES.

AND THEY HAVE SHOWN THAT THEY CAN MEET ALL OF THE REQUIREMENTS ON THE SITE.

CU 23 000 12 MEETS THE MINIMUM REQUIREMENTS FOR APPROVAL OF A CONDITIONAL USE AND STAFF RECOMMENDS APPROVAL, AND STAFF AND MR. WISE ARE AVAILABLE FOR ANY QUESTIONS.

THANK YOU, MISS RAMOS.

ANY QUESTIONS FROM THE BOARD? MR. OLSZEWSKI? THANK YOU, MADAM CHAIR. THANK YOU, MISS RAMOS, FOR YOUR PRESENTATION.

IS IT THE STAFF'S UNDERSTANDING THAT THE RETAIL, THE GAS STATION, IS GOING TO TAKE UP THE ENTIRETY OF THE SIX ACRES OR JUST PART OF IT? I'M LOOKING AT THE DRAWING.

IT LOOKS LIKE JUST PART OF IT, BUT BUT WHAT'S YOUR YOUR UNDERSTANDING? IT'S PROPOSED 5135 SQUARE FOOT GAS STATION, ALONG WITH 2330 SQUARE FOOT RESTAURANT AND 2500 SQUARE FOOT COFFEE SHOP.

SO THAT'S HOW IT'S SHOWN AS A CONCEPT.

THE CONDITIONAL USE IS ONLY FOR THE GAS AND FUEL SALES, BUT IT LOOKS LIKE THEY INTEND TO HAVE SOME OTHER USES, THEIR OTHER SERVICES.

OKAY, SO IT'LL PROBABLY ONLY BE PART OF THE PROPERTY.

SO THE REASON I ASK THAT QUESTION IS TO ASK, IS IT MOST APPROPRIATE TO PARCEL OFF WHAT'S GOING TO BE WITHIN A RESTRICTED USE AS OPPOSED TO BLANKET APPROVE THE WHOLE PROPERTY? I'M JUST TRYING TO UNDERSTAND THE THE PROCESS.

WHEN ALEX WROTE THIS STAFF REPORT, SHE NOTED THAT THE APPLICANT INTENDS ON KEEPING THE PROPERTY UNDIVIDED SO THEY WOULD BE OWNING THE WHOLE PARCEL AND MAYBE LEASING THE UNITS.

SEE, OKAY, THESE QUESTIONS I HAVE, BECAUSE THAT'S A PRETTY UNIQUE CONCEPT AS FAR AS EVEN CONCEPTUALLY, IT'S EITHER A GAS STATION OR IT'S NOT.

BUT THIS SEEMS TO OFFER A BLEND OF THINGS.

BUT I GUESS FURTHER QUESTIONS WOULD BE FOR THE APPLICANT.

BUT I APPRECIATE YOUR YOUR BACKGROUND THERE.

THANK YOU. THANK YOU, MADAM CHAIR.

ANY FURTHER QUESTIONS? MR. WISE? THANK YOU. SO THE ENTIRE SITE IS SIX ACRES, WHICH IS LARGER THAN YOUR TYPICAL GAS STATION.

IN THE COUPLE OF YEARS, WE'VE BEEN WORKING WITH STAFF ON THE LAND SWAP AND THE FUTURE RIGHT OF WAYS, AND ALL THE OTHER PARTS AND PIECES THAT GO WITH THIS.

WE'VE EVEN AGREED TO PROVIDE AN EASEMENT FOR THE CITY TO PROVIDE STORMWATER FROM THE FUTURE PARKWAY EXTENSION THROUGH THE SOUTH END OF THE SITE, WHERE STORMWATER TREATMENT WOULD BE PROVIDED ON CITY LAND.

SO THAT'S THE LEVEL OF DETAIL WE'VE BEEN WORKING WITH THE CITY.

THE CITY STAFF HAS AGREED THAT THIS WOULD BE A GOOD USE AT THIS CORNER.

JUST FOR EXAMPLE, THE NORTHEAST CORNER WOULD HAVE A VERY DIFFICULT TIME CROSSING THE CANAL, SO THAT IS ANTICIPATED TO BE SOME OTHER TYPE OF COMMERCIAL USE IN THE FUTURE. FOR THE CONDITIONAL USE, THERE ARE SIX CRITERIA AND WE EITHER MEET THOSE ALREADY OR DURING THE SITE

[00:55:02]

WE'LL GIVE THE FURTHER DETAIL THAT WE WOULD.

WE JUST HAD A RECOMMENDATION FOR THE LAND USE AND THE ZONING TONIGHT.

WE STILL DON'T HAVE THOSE ESTABLISHED, SO WE HAVEN'T GONE TO A FULL SITE PLAT.

AS I MENTIONED EARLIER, WE DON'T HAVE AN END USER YET.

TYPICALLY THAT WOULDN'T HAPPEN UNTIL WE HAVE AT LEAST ZONING AND LAND USE, AND THEN NORMALLY WE WOULD GO THROUGH A SITE PLAN APPROVAL PROCESS AS PART OF ALL OF THAT AS WELL, WHICH AGAIN WOULD INCLUDE A TRAFFIC STUDY.

SO WE STILL HAVE A LOT OF STEPS TO GO BEFORE OUR SHOVEL EVER HITS THE GROUND FOR A PROJECT LIKE THIS ONE.

WITH THAT BEING SAID, WE DON'T KNOW EXACTLY HOW MUCH OF THE SITE WOULD BE UTILIZED BY A GAS STATION, BUT BASED ON TYPICAL GAS STATIONS, WE DON'T THINK IT WOULD USE THE WHOLE SITE.

SO WE'VE LEFT IT FLEXIBLE.

SO A PORTION OF THE SITE COULD BE FOR THE GAS STATION, IT COULD BE FOR SOMETHING ELSE.

THE CONCEPTUAL SITE PLAN IN THE STAFF REPORT IDENTIFIES A COUPLE OF FAST FOOD COFFEE SHOP TYPE RESTAURANTS, AGAIN TYPICALLY PASSERBY TRAFFIC, BUT NONE OF THAT'S BEEN FINALIZED.

WE'RE JUST TONIGHT ONLY ASKING FOR THE CONDITIONAL USE FOR THE POTENTIAL OF A GAS STATION DOESN'T MEAN THERE WILL BE ONE THERE SOMEDAY, IT'S JUST THE POTENTIAL FOR IT AT THIS TIME.

SO WITH THAT, I'D BE HAPPY TO ANSWER ANY OTHER QUESTIONS YOU MAY HAVE.

THANK YOU, MR. WISE.

ANY FURTHER QUESTIONS FROM THE APPLICANT? THANK YOU. I DO HAVE.

YOU MAY OR MAY NOT BE ABLE TO ANSWER IT WITH THIS, WITH THIS SITE AND WITH THE FUTURE DEVELOPMENT OF THIS SITE, WHETHER IT'S A GAS STATION, WHETHER IT'S SOME OTHER COMMERCIAL USE. HOW DO YOU SEE THIS? I MEAN, I KNOW WE'RE KIND OF LOOKING AT THIS SITE FOR THE, FOR THE FUTURE USE FOR THE, FOR THE PARKWAY.

SO HOW DO YOU AND LIKE I SAY, YOU MAY BE ABLE TO ANSWER YOU MAY NOT BE ABLE TO BUT HOW DO YOU SEE THIS BEING ABLE TO TIE INTO THAT, INTO THE INTO THE HERITAGE. I KNOW IT DOESN'T MATTER FOR FOR THE FOR THE CONDITIONAL USE, BUT WE'RE ALMOST DONE.

SO. AND I DIDN'T GET A CHANCE TO ANSWER.

YOU ASK THAT FOR THE CP.

SO JUST I MEAN, IF YOU HAVE ANY KIND OF HOW WOULD IT FIT IN THE.

YEAH. HOW I MEAN HOW HOW DO YOU I MEAN HOW COULD AND THIS IS KIND OF MAYBE LEADING INTO WHERE WE'RE GOING TO FOR THE NEXT TWO.

SO MAYBE I CAN HOLD OFF TO THAT FOR THAT, FOR THAT OR BUT YOU KNOW, IF YOU WANTED TO MAYBE JUST.

YEAH. IF YOU, IF YOU I MEAN, IF YOU CAN LIKE I SAID, IF YOU CAN ANSWER IT IF YOU IF YOU CAN'T.

TOTALLY FAIR QUESTION. YEAH.

SO NORTHWEST CORNER OF THIS INTERSECTION IS PUBLIX WITH SOME OUTPARCELS.

SO THIS ONE WOULD BE ANTICIPATED TO BE COMPLEMENTARY USES FOR THAT.

SO WE'RE NOT ANTICIPATING MULTIPLE PARCELS.

WE'VE EVEN TALKED WITH THE STAFF ABOUT DRIVEWAY LOCATIONS.

THEY WOULD HAVE SHARED DRIVEWAYS FOR THE SHARED USES OR DIFFERENT USES.

EXCUSE ME. ON THE PROPERTY, WE EVEN TALKED ABOUT, AS I MENTIONED, THE EASEMENT GOING THROUGH THE SOUTH, AND THAT WAS IN ASSOCIATION WITH DRIVEWAY LOCATIONS.

SO YEAH, WE'VE ALREADY STARTED TO GO DOWN THAT ROAD, BUT WE'RE NOT READY YET FOR A HEAVIER LEVEL OF DETAIL.

THANK YOU. SIR, CAN I ANSWER YOUR QUESTION? YEAH. I MEAN, YOU KNOW, I MEAN, YOU KNOW, OUR GOAL IS TO EVENTUALLY GET THAT PARKWAY, YOU KNOW, TO WHERE WE CAN, YOU KNOW, START BRINGING RESIDENTS DOWN THAT ROAD, TOO.

SO SO THAT'S WHERE. SO THANK YOU FOR THAT.

THANK YOU. THANK YOU, MADAM CHAIR.

ONE MORE QUESTION, PLEASE.

JAKE, HOW ARE YOU DOING TODAY? YEAH, I HAD A QUESTION THAT JUST CAME TO MIND.

THERE WOULD BE NO BIG TRUCK FUELING AT THIS STATION, WOULD THERE? THAT'S NOT ANTICIPATING.

BUT OF COURSE, FUEL TRUCKS WOULD HAVE TO COME TO REFILL THE TRUCKS FUEL.

BUT OKAY, IT'S NOT A CONSTRUCTION GOING ON RIGHT NOW.

AND A LOT OF DIESEL TRUCKS LOOKING FOR PLACES TO FUEL UP.

YEAH. NO, WE DON'T ANTICIPATE TO BE A BIG GAS OR REFUELING FOR TRUCKS LIKE THAT.

NORMALLY THOSE ARE ON THE INTERSTATE HIGHWAYS.

OKAY. THANK YOU. WE DO HAVE A LOT OF LOCAL DIESELS WITH ALL THE CONSTRUCTION GOING ON.

OH, GOTCHA I UNDERSTAND NOW.

THANK YOU. THANKS.

THANK YOU, MR. WISE.

MADAM CHAIR, I DID HAVE A QUESTION FOR MR. WEISS. OKAY. MR. WEISS, ONE MORE QUESTION.

CAN'T GET AWAY THAT EASY.

THANK YOU, MADAM CHAIR. THANK YOU, MR. WEISS. SIR, HOW CLOSE IS THIS PARCEL TO PROTECTED WETLANDS? WE HAVEN'T DONE A WETLAND STUDY ON SITE OR OFF SITE TO BE ABLE TO ANSWER THAT QUESTION.

GIVE OR TAKE TO THE THREE FORKS.

THREE FORKS HAS ONE SMALL WETLAND LESS THAN AN ACRE, ISOLATED VERY FAR AWAY FROM THE SITE.

AND THERE'S A GIANT CANAL IN BETWEEN.

GOTCHA. SO IT WOULDN'T BE SHARING ANY OF THE HYDRAULICS IF THAT'S THE QUESTION.

SO IT DOESN'T SEEM TO BACK UP TO ANY TO YOUR CURSORY KNOWLEDGE.

IT BACKS UP TO LANDS OWNED BY THE SAINT JOHNS RIVER WATER MANAGEMENT DISTRICT, AND THEY MAY OR MAY NOT HAVE BETTER KNOWLEDGE IF THERE'S WETLANDS ON THEIR PROPERTY.

[01:00:05]

THANK YOU FOR THE CLARIFICATION, SIR.

THANK YOU, MADAM CHAIR. THANK YOU, MR. RICE. FOR THE RECORD, THERE ARE NO LETTERS IN THE FILE IN THIS CASE.

THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

DOES ANYONE WISH TO SPEAK IN FAVOR OF THIS REQUEST? AND HE OPPOSED.

SEEING NONE IS BROUGHT BACK TO THE BOARD.

DO HAVE FURTHER DISCUSSION OR MOTION? MOTION TO APPROVE CU 23 00012.

SECOND MOTION BY MR. WEINBERG. SECOND BY MR. GOOD. ALL IN FAVOR? AYE. OPPOSED.

NAY. MOTION CARRIES 5 TO 1.

NEXT CASE. CP 23 00019.

THIS. RAMOS. YES.

SO THE APPLICANT FOR THIS IS THE CITY OF PALM BAY, AND THIS IS THE PROPERTY NEXT DOOR TO THE SITE WE'VE JUST BEEN DISCUSSING.

SO IT IS ALSO SOUTH OF MALABAR ROAD IN THE VICINITY OF SAINT JOHNS HERITAGE PARKWAY.

THIS SITE IS 13.05 ACRES AND IT CURRENTLY HAS COUNT BREVARD COUNTY ZONING OF YOU WHICH IS AGRICULTURAL, RESIDENTIAL AND FUTURE LAND USE OF RESIDENTIAL ONE WHICH IS ALSO BREVARD COUNTY CLASSIFICATION.

THE APPLICANT IS REQUESTING A SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT FROM REZ ONE FOR BREVARD COUNTY TO COMMERCIAL FOR THE CITY OF PALM BAY.

CLASSIFICATION AND THE REQUEST FOR COMMERCIAL FUTURE LAND USE PROVIDES A TRANSITION AGAIN BETWEEN THE MAJOR ROADWAYS AND OTHER COMMERCIAL DEVELOPMENT INTO THE RESIDENTIAL AREAS.

THE SITE IS NEAR AN INTERSECTION OF ARTERIAL ROADWAYS, BOTH RESIDENTIAL AND COMMERCIAL PROPERTIES NEARBY, AND IT IS COMPATIBLE WITH THE ESTABLISHED NEIGHBORHOODS AND WILL PROVIDE SUPPORTING COMMERCIAL DEVELOPMENT.

SO CP 23 00019 IS RECOMMENDED FOR APPROVAL AND STAFF IS AVAILABLE IF YOU HAVE ANY QUESTIONS.

THANK YOU, MR. RAMOS.

ANY QUESTIONS FOR STAFF? SEEING NONE. THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

IF ANYONE WOULD LIKE TO SPEAK IN FAVOR OF THIS REQUEST.

ANY OPPOSED? THE FLOOR IS NOW CLOSED. IS BROUGHT BACK TO THE BOARD FOR MOTION OR FURTHER DISCUSSION.

YEAH. IT JUST MAKES SENSE THAT THERE'S GOING TO BE MORE COMMERCIAL DEVELOPMENT OUT IN THIS AREA WITH ALL THE RESIDENTIAL DEVELOPMENT BEING PLANNED IN PROCESS.

BUT, YOU KNOW, IT'S IT'S IT BEHOOVES US TO ANNEX THIS PROPERTY INTO THE CITY SO WE CAN GET THE BENEFITS OF ANY TAXES.

SO. MOTION TO APPROVE CP 23 00019.

SECOND. I'M A MOTION A SECOND, ALL IN FAVOR? AYE, AYE. OPPOSED.

MOTION CARRIES UNANIMOUSLY.

NEXT CASE IS ZONING CASE CPC 23 00011.

MISS RAMOS. THIS IS THE ACCOMPANYING ZONING.

THE APPLICANT, AGAIN IS THE CITY OF PALM BAY.

AND THIS IS THE PROPERTY SOUTH OF MALABAR ROAD IN THE VICINITY OF SAINT JOHNS HERITAGE PARKWAY.

AND IT'S 13.05 ACRES.

YES. THE APPLICANT IS REQUESTING A ZONING REZONING FROM THE BREVARD COUNTY CLASSIFICATION OF AEW, WHICH IS AGRICULTURAL RESIDENTIAL TO CC, WHICH IS COMMUNITY COMMERCIAL, AND THAT WOULD BE THE CITY OF PALM BAY CLASSIFICATION.

THE PROPERTIES BEING ANNEXED OR HAS BEEN ANNEXED, AND THE CITY ZONING CLASSIFICATION IS NECESSARY FOR FUTURE DEVELOPMENT, AND THE REQUEST FOR COMMUNITY COMMERCIAL IS TO SERVE THE COMMUNITY'S CURRENT AND FUTURE NEEDS BY INCREASING COMMERCIAL LAND TO BETTER SERVE THE CITIZENS OF THE CITY.

CP'S 23 00011 IS RECOMMENDED FOR APPROVAL, AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.

THANK YOU, MR. RAMOS.

ANY QUESTIONS FROM THE BOARD FOR STAFF? YES, MA'AM. THIS MAY BE A QUICK STUNNER, BUT THE OUR COMMUNITY COMMERCIAL DISTRICT DO THAT INCLUDES SCHOOLS.

I DON'T KNOW THAT ONE OFF THE TOP OF MY HEAD.

THERE'S A LONG LIST OF THINGS THAT CAN GO COMMERCIAL.

KNOCK ON MY HEAD. IS THAT INCLUDED ONE OF THEM? THANK YOU, MR. REYNOLDS.

THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

DOES ANYONE WISH TO SPEAK IN FAVOR OF THIS REQUEST?

[01:05:01]

MOTION TO APPROVE CPC 23 00011.

SECOND MOTION A SECOND.

ALL IN FAVOR? ANY OPPOSED MOTION CARRIES UNANIMOUSLY.

NEXT CASE Z 23 00013.

MISS HAGLER. THE APPLICANT ON THIS CASE IS MICHAEL AND REBECCA CRUZ, REPRESENTED THIS EVENING BY JOSEPH CRUZ.

THE LOCATION IS SOUTH OF AND ADJACENT TO ALCANTARA STREET, SPECIFICALLY AT 242 ALCANTARA STREET.

NORTHWEST SIDES, APPROXIMATELY 10.5 ACRES.

THE ZONING CURRENT ZONING IS SINGLE FAMILY RESIDENTIAL AND SUBURBAN RESIDENTIAL ESTATE, AND THE FUTURE LAND USE IS LOW DENSITY RESIDENTIAL.

THE APPLICANT REQUESTS A ZONING CHANGE FROM SINGLE FAMILY RESIDENTIAL AND SUBURBAN RESIDENTIAL ESTATE DISTRICT TO A RURAL RESIDENTIAL DISTRICT.

THE NURSERY IS A PREEXISTING NON-CONFORMING USE, WHICH CANNOT CURRENTLY BE EXTENDED TO THE ADJOINING APPROXIMATELY HALF ACRE PARCEL WHICH THEY RECENTLY PURCHASED. THE REZONING OF BOTH PARCELS TO RURAL RESIDENTIAL WILL ALLOW THE EXISTING BUSINESS TO EXPAND OPERATIONS, COMBINE THE TWO PARCELS AND BRING THE ENTIRE SEAT SITE INTO CONFORMANCE WITH THE LAND DEVELOPMENT CODE, AND CASE Z 2313 IS RECOMMENDED FOR APPROVAL, SUBJECT TO STAFF COMMENTS CONTAINED IN THE STAFF REPORT. THANK YOU, MISS TAYLOR.

ANY QUESTIONS FROM THE BOARD FOR STAFF? MR. OLSAVSKY? THANK YOU, MADAM CHAIR.

MA'AM, CAN WE VISUALLY ON THE MAP COME TO UNDERSTAND WHERE THE PARCELS THAT ARE RECENTLY ACQUIRED ARE IN RELATIVE? IS IT IS IT UP? DOWN AT THE TOP.

SEE WHERE THE BROWN BECAUSE IT'S R'S TWO.

YEAH. SO IT'S HARD TO TELL.

BUT JUST ABOVE THAT IT'S THAT CROSSHATCH O WITH THE CROSSHATCH THAT'S STILL BROWN.

CORRECT. ABOVE THE YELLOW.

CORRECT. SO IT'S THE WHOLE FRONTAGE TO ALCANTARA.

YEAH. AND FORGIVE ME FOR ASKING, BUT WHO WAS THE PROPERTY OWNER.

MAYBE IT'S BETTER FOR THE THE APPLICANT.

BUT THEY RECENTLY OBTAINED THIS PROPERTY IS WHAT WE'RE SAYING HERE.

THEY RECENTLY OBTAINED THE PROPERTY.

FROM WHO. MEANWHILE, THOSE VARIOUS PROPERTY OWNERS, IT WAS MALAYALAM.

OKAY, OKAY, SO IT WAS IT WAS RESIDENTIAL LOTS.

AND NOW THEY'RE COMING FORTH FORWARD.

BUT THEY AREN'T THEY AREN'T A CONFORMING SIZE.

THEY'RE FOR RESIDENTIAL ANYWAY.

THEY COULDN'T PUT YOU COULDN'T PUT A HOUSE ON THEM.

UNDERSTOOD. UNDERSTOOD.

ODD LITTLE LOTS. AND SO OUR ACTION TONIGHT WILL MAKE THIS WHOLE NURSERY ONE PIECE OF PROPERTY, ALL WITH THE SAME USES, ALL WITH THE SAME LAND USE THAT CONFORMS EVERYTHING.

THE ZONING HAPPENED AROUND THEM.

SO BASICALLY THIS THIS NURSERY HAS BEEN IN OPERATION FOR MANY YEARS, AND THE PORT MALABAR WAS BASICALLY PLATTED AROUND THEM.

SO THAT ZONING HAPPENED ON TOP OF THEIR BUSINESS AFTER IT HAD BEEN IN BUSINESS FOR FOR YEARS.

SO. UNDERSTOOD.

THANK YOU FOR THE CLARIFICATION.

IT REALLY HELPS ME MAKE AN INFORMED DECISION.

THANK YOU, MADAM CHAIR.

ANY FURTHER QUESTIONS? THANK YOU, MISS HAGLER. MAYBE FOR THE.

OH NO. NO, THIS WILL PROBABLY BE FOR THE APPLICANT.

IT WOULD PROBABLY BE FOR THE APPLICANT.

BUT THE QUESTION IS YEAH.

WHEN THE APPLICANT PLEASE COME FORWARD.

GOOD EVENING. MY NAME IS JOSEPH CRUZ.

REPRESENT THE FAMILY THAT OWNS THIS PROPERTY.

DO YOU WANT TO TELL US ANYTHING FURTHER ABOUT YOUR.

WE'VE BEEN IN BUSINESS FOR ALMOST 29 YEARS.

WE BOUGHT THE ADJACENT PROPERTY FROM DAVID MOYLAN.

TO US, IT WAS A GIANT EYESORE.

SO THE 100 FOOT AUSTRALIAN PINES WERE BECOMING A PROBLEM.

SO WE ENDED UP BUYING IT OFF OF IT AND CLEARED IT.

AND FROM WHAT EVERYBODY'S TOLD IN THE NEIGHBORHOOD, THEY ENJOY IT.

IT GIVES US A BETTER SIGHT LINE GETTING OUT AND IN IN OUR PROPERTY.

SO I'D BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? MR. OLSZEWSKI? THANK YOU, MADAM CHAIR.

THANK YOU, SIR, FOR YOU AND YOUR FAMILY'S PARTICIPATION IN OUR COMMUNITY.

IT'S REALLY SOMETHING SPECIAL.

AND I THINK THAT YOUR NURSERY IS IS A COOL LITTLE HONEY HOLE.

REALLY? IT'S A SWEET SPOT.

WHAT FURTHER PLANS DO YOU HAVE TO IMPROVE THE DRAINAGE SITUATION SUBSEQUENT TO THE PRESUMABLY SUBSEQUENT TO THE LAND CLEARING, BECAUSE THERE'S A LOT OF DRAINAGE SITUATION ON YOUR FRONTAGE? CORRECT. YEAH. THERE IS.

WE'VE WE'VE TRIED TO ADD AS MUCH AS WE CAN, BUT AS YOU KNOW, THERE IS A LIFT STATION AT THE END OF THAT PROPERTY THAT MO'ALLEM PUT IN THAT HAS NO DRAINAGE

[01:10:05]

SO THEREFORE THE NEIGHBOR TO THE WEST OF US DOESN'T DRAIN OUR WAY.

AND HE PULLS.

SO WE'RE TRYING TO HELP HIM FIGURE THAT OUT.

AND WE'VE BEEN TRYING TO EXTEND THAT DRAINAGE IN FRONT OF US.

SO IT FLOWS NICE AND EASILY DOWN AND AWAY FROM US, BUT TRYING TO MAKE IT ALL CONNECT WITH THAT END, IT DOESN'T GO ANYWHERE.

AND IT PULLS ON THE WEST END OF OUR PROPERTY.

AND THIS IS HARD, HARD TO ASK YOU ABOUT, BUT I HAVE TO.

I THINK IT'S YOUR LONG TERM GOAL TO HAVE THAT NOT BE LIKE THAT.

SO IF IT TAKES AWAY FROM THE EXPANSION AND YOU HAVE TO BACK UP SOME OF YOUR PRODUCT BECAUSE AGAIN, YOU'VE GOT BEAUTIFUL PRODUCT, I'M EXCITED.

YOU'RE A GROWING BUSINESS.

YOU GOT PRODUCT ALL THE WAY TO THE FENCE LINE.

NOW, IF FURTHER THINGS NEED TO HAPPEN AND YOU'RE GOING TO HAVE TO PUSH BACK, IS THAT GOING TO BE SOMETHING THAT'S, YOU KNOW, AGREEABLE OR IS IT GOING TO BE, HEY, I'M BEHIND.

WHAT DO YOU WHAT DO YOU ENTAILING AS OF I DON'T KNOW, IT JUST DOESN'T LOOK SUSTAINABLE AS IT IS RIGHT NOW.

THE DITCH AND THE FRONTAGE AND THE FENCE LOOKS REALLY BAD.

WE DISCUSSED WITH PUBLIC WORKS ABOUT THEM COMING IN AND HELPING US, BECAUSE THE REASON WE CLEARED THAT ALL WAS BECAUSE IT STAYED SO WET, BECAUSE ALL THE TREES HELD ALL THE MOISTURE, AND TRYING TO GET PUBLIC WORKS WITH US TO MAYBE HELP US WITH TRENCHING THAT WITH THEIR MACHINE.

BUT THAT'S NO AVAIL.

IF IT MEANS WE HAVE TO GO OUT THERE AND MAKE THAT DITCH OURSELVES, WE'LL END UP DOING THAT.

DID THEY TRENCH IT FOR YOU? THEY JUST HAVEN'T YET.

OKAY. NOT YET. THEY NEVER DID BEFORE.

EVEN WHEN MO'ALLEM OWNED IT, IT WAS VERY, VERY WET.

SO. WELL, AS I SAY OUT LOUD, WE WORK ON THE DRAINAGE.

IT'S IT'S A PROBLEM.

WE LIKE TO FLOW OUT AND TRY TO KEEP IT FLOWING AS MUCH AS POSSIBLE.

OH, I APPRECIATE THAT BECAUSE IT'S BETTER FOR YOUR BUSINESS FOR IT TO BE ACCESSIBLE.

AND I KNOW, YOU KNOW, BEING IN THE NEIGHBORHOOD WITH THE SCHOOL, THAT MAKES IT TOUGH ENOUGH.

THE ROAD HAS BEEN REPAVED AND IT'S UNDER WATER THE MAJORITY OF THE TIME.

SO I'M WORRIED.

I'M SCARED. I'M SCARED THAT THE INTEGRITY IS GOING TO GO AWAY.

WELL, IT ALSO DOESN'T DRAIN AT THE END DOWN BY THE SCHOOL THAT DRAIN CAN'T HOLD THE WATER THAT RUNS OFF THE ROAD FROM HEAVY RAINS.

BUT WE TRY TO HELP AS MUCH AS POSSIBLE.

ALL RIGHT. WELL, I REALLY THANK YOU FOR ADDING THIS TEXTURE AND OUT LOUD IN THE PUBLIC FORUM, STATING THAT YOU'RE VERY WILLING TO FIX THE PROBLEM.

IT ONLY BEHOOVES YOU, I HOPE, THAT THE STAFF IS HEARING LOUD AND CLEAR THAT THAT THE GENTLEMAN AND HIS FAMILY AND HIS OPERATORS NEED SOME HELP WITH THAT SITUATION BECAUSE IT IS A HINDRANCE TO THE CAR LOOP TRAFFIC AND TO THE NEIGHBORHOOD.

SO THANK YOU VERY MUCH, SIR, AND THANK YOU, MADAM CHAIR.

ANY FURTHER QUESTIONS? THANK YOU SIR. THANK YOU.

LET'S SEE. FOR THE RECORD, THERE ARE NO LETTERS IN THE FILE ON THIS CASE.

THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

DOES ANYONE WISH TO SPEAK IN FAVOR OF THIS REQUEST? ANY OPPOSED? SEEING NONE.

FLOOR IS NOW CLOSED.

BROUGHT BACK TO THE BOARD.

DO YOU HAVE A MOTION OR FURTHER DISCUSSION? YES, CHAIRMAN.

THIS PROPERTY HAS BEEN.

THE TEN ACRES HAVE BEEN A LEGAL, NONCONFORMING USE FOR MANY, MANY, MANY, MANY YEARS.

YOU JUST BOUGHT THE THE ADJACENT 0.58 ACRES, AND NOW HE WANTS TO BRING IT THE ENTIRE PROPERTY INTO THE CURRENT ZONING.

SO IT JUST MAKES SENSE.

HAVING SAID THAT, MOTION TO APPROVE Z 23 00013.

SECOND, I HAVE A MOTION A SECOND.

ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

THE NEXT CASE, Z 23 00014, MISS RAMOS.

OKAY. THIS IS CASE Z 23 00014.

THE APPLICANT IS SK PROPERTIES, LLC AND THEY'RE REPRESENTED BY RICHARD PRICE AND RICK KERN.

THE LOCATION IS WEST OF AND ADJACENT TO GLENHAM DRIVE, NORTHEAST IN THE VICINITY WEST OF PALMDALE CIRCLE, AND THE PROPERTY IS APPROXIMATELY 15.53 ACRES.

CURRENTLY HAS A ZONING OF ARES ONE SINGLE FAMILY RESIDENTIAL AND A FUTURE LAND USE OF LOW DENSITY RESIDENTIAL.

THE APPLICANT REQUESTED A ZONING CHANGE FROM ONE SINGLE FAMILY RESIDENTIAL TO AN MRS TWO SINGLE FAMILY RESIDENTIAL DISTRICT, AND IN AN ANALYSIS, THE ZONING REZONING WILL ALLOW FOR A SUBDIVISION WITH 75 FOOT WIDE LOTS INSTEAD OF THE CURRENTLY REQUIRED 80 FOOT WIDE LOTS, AND OTHERWISE, THE REQUESTED DISTRICT IS NOT SUBSTANTIALLY DIFFERENT FROM THAT OF THE SURROUNDING AREA, AND SO CASE Z 23 00014 IS RECOMMENDED FOR APPROVAL AND STAFF IS AVAILABLE IF YOU HAVE ANY QUESTIONS AND SO IS THE APPLICANT.

THANK YOU. MS.. RAMOS, ANY QUESTIONS FROM THE BOARD FOR STAFF?

[01:15:05]

HELLO. MY NAME IS RICK KERN.

I'M REPRESENTING THE APPLICANT HERE.

PRICE FAMILY HOMES.

THEY'RE A LOCAL PALM BAY HOME BUILDER.

AND THEY BUILD CUSTOM HOMES.

UM, YOU KNOW, BASICALLY THE ONLY THING THAT WE'RE SEEKING WITH THE ZONING CHANGE IS TO HAVE A 75 FOOT WIDE LOTS INSTEAD, AND INSTEAD OF THE 80 FOOT WIDE LOTS.

AND. I'M HAPPY TO ANSWER ANY, ANY QUESTIONS THAT THE BOARD HAS ON ON THE, ON ON THE REZONING.

THANK YOU SIR. MISTER.

YEAH. I JUST HAVE ONE QUESTION.

SO HOW MANY MORE HOUSES WILL YOU BE ABLE TO PUT ON HERE NOW AS OPPOSED TO THE CURRENT ZONING? THREE. THAT'S IT.

THREE MORE HOUSES. OKAY.

THERE'S THREE. THANK YOU.

ANY FURTHER QUESTIONS? THANK YOU SIR.

FOR THE RECORD, THERE ARE THREE CORRESPONDENTS IN THE FILE ON THIS CASE.

THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? ANY OPPOSED? SIR, WE'LL START WITH YOU OVER HERE ON THE.

YES. SAW YOUR HAND FIRST.

I'M STIFF FROM SITTING.

SO ARE WE. THE REASON I'M OPPOSED TO IT IS BECAUSE.

CAN YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD? GARY RAYBURN, 921 SUNNYBROOK ROAD, RIGHT DOWN THE ROAD FROM HERE.

OKAY. ANYHOW, THE REASON I'M.

WELL, I JUST SAW A 75 FOOT LOTS.

THAT'S PRETTY SMALL.

MY FRONT LOT IS 90, AND IT'S 150 SOMETHING BY THE WATER.

BUT THE PROBLEM IS, WE HAVE A SCHOOL RIGHT THERE.

AND EVERY MORNING IT'S PACKED.

WE CAN'T EVEN GET THROUGH THERE.

THOSE ARE ALL PACKED. GETTING IN AND OUT, IN AND OUT.

AND IN THE AFTERNOON.

IT'S EVEN WORSE WHEN THEY'RE PICKING UP THE KIDS.

IT'S TERRIBLE. YOU CAN'T GO THAT WAY AT ALL.

AND IT'S ONLY A TWO LANE ROAD.

AND IF THEY PUT HOW MANY? I DON'T EVEN KNOW HOW MANY HOUSES THEY WANT TO PUT THERE.

DOES ANYBODY KNOW HOW MANY THEY WANT? I SAID 15 ACRES UP NORTH WITH ONE HOUSE.

DOES ANYBODY KNOW HOW MANY HOUSES THEY WANT TO PUT THERE? KNOW HOW MANY? IT'S NOT BACK AND FORTH.

SO YOU JUST MAKE YOUR COMMENTS.

WELL, I'LL STEP ASIDE AND HE CAN TELL US.

NO, I'M SORRY.

HE CAN RESPOND AFTER YOU FINISH.

OKAY. OKAY. BUT ANYHOW, IT'S JUST GOING TO BE TOO CONGESTED THERE.

THEY TRIED TO PUT APARTMENTS THERE LAST YEAR AND WE GOT THAT TAKEN DOWN.

AND ALSO THERE'S A CHURCH RIGHT THERE RIGHT NEXT TO WHERE THAT PURPLE IS I THINK.

AND THEN THERE'S A BALLPARK NEXT DOOR.

BUT MAN IT WOULD JUST BE TOO.

YOU'D HAVE TO PUT A SIX LANE ROAD IN THERE TO ACCOMMODATE ALL THIS STUFF.

AND I DON'T THINK THEY WANT TO DO THAT.

I DON'T KNOW. THANK YOU SIR.

LEAVE YOUR COMMENT CARD.

THANK YOU. ANYONE ELSE? MA'AM. YOU.

HI, I'M KAREN LUDMAN.

I LIVE AT 911, SUN SWEPT.

I'M RIGHT AT THE END OF GLENHAM ROAD FROM WHERE THIS DEVELOPMENT IS GOING TO BE.

I THINK MY NEIGHBORS WERE ALL RESIGNED TO THE FACT THAT THIS AREA IS GOING TO BE DEVELOPED.

BUT BEYOND THE SIZE OF THE LOT, THERE'S ALSO A CHANGE TO THE SIZE OF THE HOUSES.

SO I THINK THAT NEEDS TO BE RECOGNIZED HERE.

AND IT'S NOT IT'S NOT COHESIVE WITH THE REST OF THE AREA.

SO THAT WHOLE AREA IS ONE, AND THE RS TWO ALLOWS THEM TO GO FROM 1600 FEET HOUSE TO 1400.

IT'S A MUCH SMALLER HOUSE, ONE CAR GARAGE THAT'S GOING TO HAVE A NEGATIVE EFFECT ON OUR HOUSES.

THE SAME CONCERN AS GARY.

WE HAVE A MAJOR PROBLEM WITH TRAFFIC ON GLENHAM AND THERE'S NO TRAFFIC LIGHT.

IT'S A TWO LANE ROAD.

WE'VE GOT THE CHURCH, THE SCHOOL, WE'VE GOT THE BALLPARK, WE'VE GOT A DAYCARE.

THERE'S NO TURN LANES.

IT'S A REAL PROBLEM.

BUT THIS WILL HAVE A NEGATIVE EFFECT ON OUR HOUSES AND OUR THE VALUE OF OUR HOUSES.

[01:20:06]

MA'AM. SIR, WOULD YOU LIKE TO RESPOND? HOW ARE YOU DOING? MY NAME IS WENTWORTH KERRY.

I LIVE OF 2595 HAMLIN, WHICH IS RIGHT DOWN THE ROAD FROM WHERE THIS IS.

SOME OF THE QUESTIONS HAVE ALREADY BEEN ADDRESSED.

I DIDN'T REALIZE IT WAS EVEN GOING DOWN TO 70 FOOT WIDE.

I GOT ONLINE WHERE THERE WERE 100 FOOT WIDE LOTS.

THIS IS EVEN SMALLER.

MY QUESTION TO YOU IS I'VE BEEN THERE 35 YEARS.

WHEN I FIRST GOT THERE, I USED TO GO DOWN THE END OF THE BLOCK AND FISH TURKEY CREEK THERE AND GET SOME BEAUTIFUL FISH TO EAT.

I WOULDN'T NEED ANYTHING COMING OUT OF THERE.

NOW, THE THING IS, IS ARE THESE HOUSES GOING TO BE AND IT'S QUESTIONS MORE THAN CRITICISMS. ARE THESE HOUSES GOING TO BE ON SEPTIC BECAUSE THE ONES ON GLENARM ARE ON SEPTIC TANKS.

YOU'RE GOING TO PUT MORE SEPTIC TANKS IN THERE, WHICH FLOWS THROUGH THE CULVERTS THERE DOWN TO THE CREEK AND FURTHER CONTAMINATE.

SEPTIC TANKS ARE GOOD FOR A WHILE, BUT AFTER A WHILE THE DRAIN FIELDS START TO LEAK AND STUFF LIKE THAT.

AND YOU'RE GOING TO GET ALL THAT CONTAMINATION INSTEAD OF CLEANING UP WHAT'S ALREADY THERE, WE'RE GOING TO ADD MORE TO IT.

THE THING ABOUT THE KIDS, I'VE GOT TO REITERATE, I DRIVE THROUGH THERE ALL THE TIME AND IT MY SKIN CRAWLS TO SEE THE KIDS.

EVEN THOUGH THERE'S A CROSSING GUARD THERE WITH SO MUCH TRAFFIC, THEY'RE STOPPED.

YOU CAN'T GET THROUGH THERE AND PEOPLE ARE TRYING TO SQUEEZE AROUND TO GO HOME.

THE KIDS SOMETHING.

IT'S JUST A MATTER OF TIME BEFORE SOMETHING'S GOING TO HAPPEN.

ALSO ON THE OTHER CORNER OF GLENHAM AND PALM BAY ROAD.

YOU CAN'T GET OUT THERE WHEN THE KIDS ARE GETTING OUT BECAUSE IT'S ALL BACKED UP, ESPECIALLY WHEN PALM BAY ROAD IS MOVING.

ARE THEY GOING TO PUT A TRAFFIC LIGHT THERE? WHAT'S GOING TO BE DONE TO RELIEVE THE TRAFFIC, OR ARE WE JUST GOING TO MAKE PROFIT? AND THE HECK WITH EVERYTHING ELSE, LET EVERYTHING GO BY THE WAYSIDE.

THANK YOU FOR YOUR TIME.

APPRECIATE IT. THANK YOU SIR.

WOULD YOU FILL OUT A COMMENT CARD AND LEAVE IT AT THE PODIUM? EXCUSE ME, YOU NEED TO FILL OUT A COMMENT CARD AND YOU CAN BRING IT BACK TO THE PODIUM.

OKAY. THANK YOU. THANK YOU.

ANY FURTHER DISCUSSION IN THE RED? EILEEN STEP. 1234 RAIL ROAD NORTHEAST.

I DON'T LIVE IN THIS AREA, BUT I'M.

SPEAKING AGAINST ANY INCREASE IN RESIDENTIAL DEVELOPMENT AT THIS TIME.

WE JUST PAT. THE CITY JUST PASSED A MANDATORY CITY WATER AND SEWER.

EVERY TIME IT RAINS, THERE'S FLOODING EVERYWHERE.

THE CANALS ARE NOT KEPT OR MAINTAINED CLEAN.

THE LAST TIME THE ONE NEAR MY HOUSE WAS CLEARED WAS TWO MONTHS AGO, AND IT'S ALREADY BACKING UP.

THE DRAIN FROM THE CULVERTS GOING INTO THE CANAL ARE COMPLETELY BLOCKED BY DEBRIS.

EXCUSE ME, MA'AM, YOU HAVE TO TALK ABOUT THIS CASE IN PARTICULAR.

WE'RE JUST ON THIS CASE, NOT YOUR PROPERTY.

I'M SORRY. WELL, I'M JUST SAYING, IN GENERAL, THIS CITY, THE UTILITIES CANNOT ACCOMMODATE ANY NEW DEVELOPMENT OR EXPANSION OF WHAT'S ALREADY PROPOSED.

WE REALLY NEED TO STOP AND HESITATE AND GET THESE THINGS CLEANED UP BEFORE WE EXPAND IT.

BECAUSE THE PEOPLE WHO HAVE LIVED HERE FOR YEARS, IT'S ONLY GETTING WORSE.

EVERY TIME IT RAINS, IT'S WORSE.

THERE ARE TIMES WHERE YOU NEED A CANOE TO GET DOWN THE STREET.

IT'S RIDICULOUS.

AND IN COMMERCIAL DISTRICTS THEY HAVE TRUCKS THAT DUMP THEIR GARBAGE AND WHATEVER THEY HAVE IN THEIR TRUCK INTO THE CANALS.

AND THE DEVELOPMENT'S A BAD IDEA FOR ANY EXPANSION OR INCREASING THE NUMBER OF PEOPLE WE HAVE UNTIL WE GET OUR UTILITIES UNDER CONTROL. THANK YOU FOR YOUR COMMENTS.

ANYONE ELSE WISH TO SPEAK, SIR? HELLO, I'M WILLIAM SUMMERS.

I'M AT 1209 GLENHAM DRIVE, NORTHEAST PALM BAY.

MY WIFE GINA AND I, WE MOVED THERE TWO YEARS AGO FROM WEST MELBOURNE TO GET AWAY FROM THE TRAFFIC.

YOU'VE HEARD FROM OUR NEIGHBORS.

MOST EVERYBODY HAS TROUBLE GETTING IN AND OUT ON GLENHAM DRIVE BECAUSE OF THE TRAFFIC.

YOU'VE GOT IT POSTED AT 30 MILE AN HOUR.

THERE'S VERY LITTLE TRAFFIC AT 30 MILES AN HOUR.

MOST OF IT IS AT 50.

AND THERE'S A LOT OF DANGER, AS SOMEONE SAID TO THE CHILDREN THAT WALK THERE, I MEAN, WE'RE RIGHT ON THE CORNER OF GLENHAM AND SCHOOL ROAD, SO WE SEE ALL OF THE SCHOOL

[01:25:07]

THAT'S MY OBJECTION TO THIS.

WHATEVER YOU DO WITH THIS PARCEL, WE GOT TO MAKE THAT ROAD SAFER.

IF YOU PUT MORE HOUSES IN THERE, YOU CAN'T DUMP A BUNCH OF EXITS AND ENTRANCE WAYS ON THE GLENHAM.

WITH MORE TRAFFIC COMING AND GOING, IT WON'T HANDLE IT IF YOU MOVE IT UP TO CONNECT PART, YOU STILL HAVE THE SAME PROBLEM.

WE NEED STOP SIGNS OR SOMETHING AT THESE INTERSECTIONS TO AT LEAST SLOW THE TRAFFIC DOWN, TO GIVE PEOPLE A CHANCE TO WALK THOSE SIDEWALKS THAT WE HAVE AND GET TO SCHOOL.

AND THAT'S REALLY MY OBJECTION.

THANK YOU. ANYONE ELSE HAVE ANYTHING FURTHER TO ADD ON THIS CASE? PAT ALPER, 14 GEORGE'S AVENUE NORTHEAST.

I HAVE BROUGHT THIS UP BEFORE IN THE NORTHEAST SECTION OF PALM BAY.

WE DON'T NEED ANY MORE BUILDING BECAUSE OF THE INFRASTRUCTURE.

SO I AGREE WITH EVERYBODY WHAT THEY SAID BECAUSE NORTHEAST IS SO CRAMMED WITH TRAFFIC.

OUR ROADS AND THERE'S NO SIDEWALKS.

THE SIDEWALKS NEED TO BE REPAIRED IN MANY PLACES.

THERE'S FLOODING EVERYWHERE IN THE NORTHEAST.

SO IF YOU KEEP ADDING MORE AND MORE BUILDING IN THE NORTHEAST, YOU'RE CRAMMING ALL THESE PEOPLE IN ONE LITTLE AREA.

SO THE NORTHEAST NEEDS TO BE TAKEN CARE OF AS FAR AS INFRASTRUCTURE BEFORE WE DO ANY MORE BUILDING.

THANK YOU. THANK YOU.

ANY FURTHER COMMENTS? I SAY ONE MORE THING.

NO, SIR. YOU'VE HAD YOUR CHANCE.

I'M DONE. YES.

OKAY. SEEING NONE WITH THE APPLICANT, LIKE TO RESPOND? SURE. IN RESPONSE TO THE NUMBER OF HOMES WE EXPECT, WE'LL BE PROPOSING 43 HOMES ON THE ON THE SITE.

AS FAR AS THE MINIMUM HOUSE SIZE GOES, WE'LL BE BUILDING ABOVE, ABOVE, ABOVE THE MINIMUM LOT SIZE OF THE OF THE OF THE ONE ZONING.

THE EXPECTED MINIMUM HOUSE SIZE IS 1800 SQUARE FEET.

AS FAR AS THE HOUSE VALUES GO, THEY'LL BE GENERALLY IN THE $400,000 RANGE ON THE HOUSES.

AND WE WILL NOT BE ON ON ON A SUBJECT TANKS.

WE'LL WE'LL BE ON CITY SEWER ON THIS PROJECT.

OKAY. THANK YOU SIR.

UM, MR. CHAYEFSKY, MAY I ASK A QUESTION? THE APPLICANT? YES, PLEASE.

THANK YOU, SIR, FOR BEING WITH US TONIGHT AND BRINGING FORTH THIS PRESENTATION.

IT'S MY UNDERSTANDING THAT PRICE FAMILY HOMES BUILT A SUBDIVISION A LITTLE WAYS UP PORT MALABAR BEHIND FIRE STATION ONE.

HOW MANY HOMES ARE IN THAT SUBDIVISION? THERE ARE 50 IN THAT ONE.

5055 050.

THERE'S 50 HOMES IN THE SUBDIVISION BEHIND FIRE STATION NUMBER ONE.

AND APPROXIMATELY HOW LONG HAS THAT SUBDIVISION BEEN THERE? THEY STARTED ABOUT FOUR YEARS AGO, AND THEY FINISHED IT UP ABOUT 1 OR 2 YEARS AGO.

UNDERSTOOD. THANK YOU FOR THAT.

ANOTHER QUESTION FOR YOU.

JUST A POINT OF CLARIFICATION.

IN THIS PROPOSED DEVELOPMENT, 43 HOMES, APPROXIMATELY 1800 SQUARE FEET.

YOU MENTIONED A PRICE POINT OF 400,000.

NOW, SIR, I'M NOT A REALTOR BY TRADE.

I'M JUST A SIMPLE MAN.

ARE YOU COINING THIS AS A LUXURY ACCOMMODATION TYPE OF.

OR IS THIS A WHAT DO YOU TAG IN THIS DEVELOPMENT? WHAT? I'LL BRING THE THE APPLICANT UP.

BILL. BILL PRICE I THINK HE.

I THINK HE CAN. ADJUST THAT BETTER.

OKAY. THANK YOU.

JUST TRYING TO GET A VISION FOR IT.

HELLO. BILL PRICE, 619 DENNIS STREET.

YOU HAD A QUESTION ABOUT THE TYPE OF HOUSES I BUILD.

WELL, SPECIFICALLY THIS PROJECT, SIR, YOU GOT 1800 SQUARE FOOT HOMES.

THEY'RE GOING TO GO FOR THE FOUR HUNDREDS.

IS THAT ADVERTISED AS LUXURY? IS THAT JUST WHAT'S NORMAL IN TODAY'S MARKET OR TOMORROW'S MARKET WHEN YOU BUILD THESE, WHAT KIND OF PROJECT IS THIS? WHAT'S THE CHARACTER OF THIS PROJECT THAT YOU'RE GOING TO ADD TO THIS NEIGHBORHOOD? JUST GOOD QUALITY HOMES.

I DON'T REALLY POINT TO A LUXURY HOME.

WE DO ALLOW PEOPLE TO CUSTOMIZE AND BUILD THE HOME THEY WANT TO LIVE IN, BUT I DON'T REALLY OFFER LUXURY FINISHES OR MARBLE, YOU KNOW, REALLY FANCY THINGS.

WE DON'T BUILD REALLY LARGE, GIANT MANSIONS.

WE JUST BUILD GOOD QUALITY HOMES FOR THE LOCAL FAMILIES HERE.

SURE. AND THANK YOU FOR THAT.

WHILE YOU'RE UP HERE, IF I MAY ASK YOU ONE ADDITIONAL QUESTION, WITH WITH PRICE IN THE LAST NAME ASSOCIATED WITH THE COMPANY, I'M SURE THE FAMILY.

[01:30:02]

THANK YOU FOR THE INFUSION IN THE COMMUNITY.

CAN YOU HELP ME AND THE REST OF THE BOARD UNDERSTAND HOW MANY OF THESE SUBDIVISIONS INTO EXISTING NEIGHBORHOODS YOU AND YOUR FAMILY AND COMPANY HAVE BUILT IN THE RECENT YEARS? I'VE BUILT TWO.

OKAY. AND WHERE ARE THOSE LOCATED? THE ONE BEHIND THE FIRE STATION.

THAT WAS 15 HOMES ONE FIVE AND ONE FIVE, NOT 50.

CORRECT. AND THEN THERE'S 55 ZERO HOMES THAT WAS OUT OFF OF MALABAR ROAD OUT WEST OF JUPITER.

GOTCHA. WAS THAT HURLEY OR GARVEY THAT NEITHER ONE.

IT'S IT'S.

WAIT. I'M SORRY. IT'S OFF OF HURLEY.

YES. OFF OF HURLEY. YES, SIR.

THAT'S THE ONE WITH 50.

BUT YOU HAVE 15.

THE NUMBER AFTER 14 BEHIND THE FIRE STATION.

YES, SIR. OKAY.

THAT'S SUBSTANTIALLY SMALLER.

SEE, WHAT I'M TRYING TO UNDERSTAND IS, IS IS THE SIZE OF IT.

SO I'D HAVE TO VISIT YOUR PROPERTY, OFFER HURLEY TO FULLY UNDERSTAND WHAT IT'S GOING TO BE LIKE OFF OF GLENHAM.

YES, SIR. UNDERSTOOD.

THANK YOU FOR THAT CLARIFICATION, SIR.

I APPRECIATE IT, AND AGAIN, THANK YOU FOR THE DEVELOPMENT IN OUR COMMUNITY.

THANK YOU, MADAM CHAIR.

THANK YOU. THIS BOARD.

HAVE ANY OTHER QUESTIONS FOR THIS APPLICANT? SEEING NONE. THANK YOU.

THE FLOOR IS NOW CLOSED AND BROUGHT BACK TO THE BOARD FOR MOTION OR DISCUSSION.

YEAH. THE TRUTH OF THE MATTER IS, AS YOU HEARD MR. PRICE, RIGHT NOW, WITHOUT ANY ZONING CHANGE, HE COULD BUILD 40 HOMES ON THIS, ON THIS PROPERTY.

YOU KNOW, I UNDERSTAND THERE'S THERE ARE SOME SERIOUS TRAFFIC PROBLEMS, BUT AS I SAID, HE COULD BUILD 40 HOMES ON THERE RIGHT NOW.

SO, YOU KNOW, THREE MORE HOMES IS NOT GOING TO MAKE A HECK OF A DIFFERENCE.

AND THEY ARE GOING TO BE ON ON SEWER SO THEY WON'T CONTRIBUTE TO ANY, ANY POTENTIAL, YOU KNOW, EFFLUENT GOING INTO TURKEY CREEK.

SO MOTION TO APPROVE Z 23 00014.

SECOND MOTION BY MR. WEINBERG. SECOND BY MR. BOEREMA. ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

NEXT CASE F S 23 0001.

MISS HAGLER. WHICH ONE IS YOU? ALL RIGHT. THE APPLICANT IN THIS CASE IS RIVERWOOD EVELYN'S PHASE ONE.

BRYAN CLAUSON, D.W., GENERAL PARTNER, LLC, REPRESENTED BY BSE CONSULTANTS.

THE LOCATION IS ADJACENT TO SAINT JOHN'S HERITAGE PARKWAY NORTHWEST AND THE VICINITY NORTH OF EDMONDSON DRIVE.

IT'S APPROXIMATELY 52.7 77 ACRES.

THE ZONING IS PUD.

THE FUTURE LAND USE IS HIGH DENSITY RESIDENTIAL.

THE APPLICANT REQUESTS A FINAL PLAT TO ALLOW FOR A PROPOSED 124 SINGLE FAMILY RESIDENTIAL LOT DEVELOPMENT, TO BE CALLED RIVERWOOD EVELINE'S PHASE ONE.

THE PHASE ONE CONSISTS OF 124 SINGLE FAMILY HOMES.

THERE WILL BE A MIXTURE OF 40 AND 50 FOOT WIDE LOTS.

ON JANUARY 5TH, 2023, CITY COUNCIL APPROVED A FINAL DEVELOPMENT PLAN FOR EVELINE'S TWO, ALSO KNOWN AS THE NORTHEAST QUAD, FOR CONSISTING OF 398 UNITS CONSTRUCTED IN FOUR PHASES.

AND THE CASE FS 2310 IS RECOMMENDED FOR APPROVAL, SUBJECT TO STAFF COMMENTS CONTAINED IN THE REPORT.

THANK YOU. MISS TAYLOR.

IS THE BOARD HAVE ANY QUESTIONS FOR STAFF? MR. CHAYEFSKY? THANK YOU, MADAM CHAIR.

THANK YOU, MA'AM, FOR YOUR PRESENTATION.

AND FORGIVE ME IF THIS IS BETTER SUITED FOR THE APPLICANT.

BUT WITH THIS SPECIFIC PROJECT AND THE OVERALL PROJECT THAT IT'S A PART OF, ARE ALL OF THESE PHASES IN THIS PROJECT IN ITS TOTALITY, IS THIS COMMUNITY ENTIRELY AGE RESTRICTED? NO, IT'S NOT AGE RESTRICTED AT ALL.

NO. OKAY.

SO IT'S OPEN TO ANY. BUT THIS IS FAMILY HOMES, WHAT HAVE YOU.

IT'S MY UNDERSTANDING THAT A LOT OF THE HOMES IN THIS CORRIDOR ARE GOING TO BE AGE RESTRICTED.

I'M JUST TRYING TO UNDERSTAND WHICH ONES ARE AND WHICH ONES AREN'T.

NOT THIS PROJECT.

NOT IN THIS SECTION. OKAY.

THANK YOU. THANK YOU, MADAM CHAIR.

THANK YOU. ANY FURTHER QUESTIONS? SEEING NONE WITH THE APPLICANT.

THANK YOU, MISS HAIGLER.

THE APPLICANT. PLEASE COME FORWARD.

GOOD EVENING. ANNA SAUNDERS WITH BSE.

I'M NOT GOING TO REHASH WHAT STAFF SAID.

GREAT REPORT. MR. OSTROWSKI, IF IT'S OKAY I'LL JUST JUMP IN TO YOUR QUESTION.

THE AGE RESTRICTED PORTION IS THE TIMBERS PROJECT, WHICH IS SOUTH OF EMERSON AND NORTH OF PACE.

THAT'S THE 840 UNITS.

THOSE ARE AGE RESTRICTED.

SO BETWEEN EMERSON AND PACE.

YES, SIR. AND THIS IS TO THE SOUTH OF PACE.

THIS IS NORTH OF EMERSON AND NORTH OF EMERSON.

SO THIS IS TOWARDS OUR CITY LIMITS.

CORRECT? YES, SIR. UNDERSTOOD. OKAY.

I GET THE WHOLE FLOW NOW.

THANK YOU. AND JUST IF YOU HAVE ANY QUESTIONS, I'M HERE TO HERE TO ANSWER THEM.

[01:35:04]

THERE ARE NO LETTERS IN THE FILE ON THIS CASE.

DOES ANYONE WISH TO SPEAK IN FAVOR OF THIS REQUEST? ANYONE OPPOSED.

SEEING NONE IS BROUGHT BACK TO THE BOARD FOR A MOTION OR FURTHER DISCUSSION.

YEAH. CHAIRWOMAN, THIS THIS IS A FINAL SUBDIVISION APPROVAL.

SO A MOTION TO APPROVE FS 23 000 TEN, SUBJECT TO THE TECHNICAL REVIEW COMMENTS.

SECOND MOTION BY MR. WEINBERG. SECOND BY MR. BOEREMA. ALL IN FAVOR? AYE, AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

NEXT CASE PS 23 00012.

MS.. RAMOS. OKAY, SO PS 20 3-00012.

THE APPLICANT IS GARDENS AT WATERSTONE PHASE THREE, KB HOMES ORLANDO LLC.

AND THEY'RE REPRESENTED BY JAKE WISE THIS EVENING.

AND STEPHEN MCCANN IS THE WITH THE APPLICANT.

THE LOCATION IS IT'S LOCATED WEST OF GARDENS AT WATERSTONE PHASE TWO IN THE VICINITY WEST OF MERALOMA BOULEVARD SOUTHEAST.

THIS PHASE IS APPROXIMATELY 47.92 ACRES, HAS A ZONING OF PUD PLANNED UNIT DEVELOPMENT AND A FUTURE LAND USE OF LOW DENSITY RESIDENTIAL.

THE APPLICANT REQUESTS A PRELIMINARY PRELIMINARY SUBDIVISION PLAN PLAT APPROVAL FOR A PROPOSED 199 SINGLE FAMILY RESIDENTIAL UNITS, TO BE CALLED GARDENS AT WATERSTONE.

PHASE THREE. THE FINAL DEVELOPMENT PLAN FOR GARDENS AT WATERSTONE, PHASE THREE, WAS APPROVED BY ORDINANCE 2023 DASH 30 AND IN COMPLIANCE WITH THE APPROVED FINAL DEVELOPMENT PLAN.

THIS PHASE CONSISTS OF 149 40 FOOT WIDE LOTS AND 50 50 FOOT WIDE LOTS.

NEW PRIVATE ROADS AND SIDEWALKS ARE PROPOSED AND THE PROJECT ALSO INCLUDES RECREATION, OPEN SPACE, LANDSCAPING, WATER, SEWER AND STORMWATER SYSTEMS. AT THE TIME THAT THE STAFF REPORTS WENT OUT, THERE WERE SOME TECHNICAL REVIEW COMMENTS ATTACHED.

BUT JUST BEFORE THE MEETING I WAS WORKING ON THIS FOR CITY COUNCIL AND EVERYTHING HAS BEEN ADDRESSED.

SO CASE 20 3-00012 IS RECOMMENDED FOR APPROVAL AND STAFF IS AVAILABLE IF YOU HAVE ANY QUESTIONS AND THE APPLICANT IS ALSO AVAILABLE.

THANK YOU, MR. RAMOS.

DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? SEEING NONE WHERE THE APPLICANT.

PLEASE COME FORWARD.

MR. VICE. THANK YOU, JAKE, CIVIL ENGINEER FOR THE PROJECT.

THIS IS PART OF THE OVERALL WATERSTONE MASTER PLAN.

THIS SPECIFIC PHASE WAS PREVIOUSLY APPROVED BY THIS BOARD FOR PRELIMINARY PLAT AND ALSO THE PUD SUBDIVISION APPROVAL.

THE ORIGINAL APPROVAL WAS BY A DIFFERENT DEVELOPER.

IT WAS SINCE PURCHASED BY KB HOMES.

THEY PURCHASED PHASES TWO AND THREE.

PHASES TWO AND THREE DIDN'T HAVE ANY DIVERSITY OF PRODUCT AND LOT SIZES.

ONLY PHASE ONE DID, BUT THEY DON'T HAVE PHASE ONE.

SO WE HAVE COME BACK WITH MODIFICATIONS TO ONLY PHASE THREE.

AND THAT'S WHAT YOU'RE LOOKING AT TODAY.

THE LAYOUT IS EXACTLY THE SAME.

THE AMENITIES ARE EXACTLY THE SAME.

STORM WATER, RECREATION ROADS.

ALL OF THAT IS EXACTLY THE SAME AS WHAT YOU PREVIOUSLY APPROVED.

IT'S JUST ASKING FOR A DIVERSITY AND LOTS WITH ADDING SOME 40 FOOT LOTS WHEN PREVIOUSLY IT WAS JUST 50 FOOT WIDE.

LOTS. SO WITH THAT IT WAS ALREADY MASTER PLANNED AND APPROVED FOR STORMWATER ROADS.

WE HAVE A MASTER TRAFFIC STUDY FOR THIS WHOLE MASTER DEVELOPMENT PHASE TWO OF THIS PROJECT.

DID THE TRAFFIC SIGNAL AT MERALOMA AND BABCOCK STREET ARE CURRENTLY OTHER PHASES OF WATERSTONE, AND OTHER PARTS OF THE DEVELOPMENT ARE LOOPING MIRALOMA AROUND AND WE'RE GETTING CLOSE TO BEING OPEN UP.

THE EXTENSION OF THE PARKWAY, WHICH WILL RELIEVE A LOT OF TRAFFIC IN THIS AREA AND TAKE A LOT OF TRIPS OFF OF BABCOCK STREET.

WE ALREADY HAVE THE ZONING AND THE LAND USE.

WE'RE FULLY COMPLIANT WITH ALL THOSE REQUIREMENTS AND ALL LAND DEVELOPMENT CODE REQUIREMENTS.

AND AS MS..

RAMOS JUST EXPLAINED, WE HAVE ALREADY RESPONDED TO ALL OF THE COMMENTS THAT RECEIVED BY STAFF, WHICH ARE THE CONDITIONS OF THIS.

SO WE'RE IN COMPLIANCE WITH THOSE AS WELL, ALTHOUGH THEY HAVE A CHANCE TO GO THROUGH THEM ALL YET.

[01:40:02]

IF THERE'S ANY QUESTIONS I CAN ANSWER AND APPRECIATE A CHANCE TO RESPOND IF THERE'S ANY PUBLIC COMMENTS.

THANK YOU, MR. WISE. DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? ONE QUESTION. YEAH, JAKE, I'M ALWAYS UPSET ABOUT THE 40 FOOT WIDTH OF A LOT.

WHAT KIND OF DEMOGRAPHIC? WHAT KIND OF PEOPLE WOULD BE BUYING THESE 40 FOOT LOTS? YOU KNOW, IT'S INTERESTING.

DECADE PLUS AGO, EVERYTHING WAS LARGER.

LOTS. EVER SINCE THEN, THE SAME BUYERS WANT THE 40, THE 50 FOOT WIDE LOTS.

WE DON'T EVEN DO 60 FOOT WIDE LOTS REALLY ANYMORE.

AND THE BUYERS SEEM TO BE THE SAME.

THEY'RE LOOKING FOR SMALL YARD, SOMETHING THEY DON'T HAVE TO MAINTAIN OR COMMON YARD MAINTENANCE.

BUT IT IS A MIX OF ALL TYPES OF BUYERS PROFESSIONALS, RETIREES, YOUNG NEW FAMILIES, FIRST HOUSES, SOMETIMES SECOND HOUSES IN THIS AREA.

SO WE SEE A MIX ALL THE WAY ACROSS THE BOARD, BECAUSE YOU CAN SEE FROM PREVIOUS CASES TONIGHT THAT GOING FROM 80 FOOT TO 75 IS A PROBLEM. NOW WE'RE TALKING 40 FOOT.

AND THIS I KNOW WE'VE OKAYED 50 FOOT OUT IN THAT AREA BEFORE.

I'M FROM CHICAGO, VERY WELL ACCUSTOMED TO 40 FOOT LOTS.

MY MAMA COULDN'T HOLLER AT MY DAD WITH HALF THE NEIGHBORHOOD KNOWING, SO I JUST CAN'T SEE IT.

BUT YEAH, IT'S REALLY MARKET DRIVEN AND THAT'S JUST SEEMS TO BE WHAT IS WANTED TODAY.

THERE'S IN THE CITY OF PALM BAY.

THERE'S 10,000 PLUS 80 FOOT WIDE LOTS AVAILABLE.

THAT IS NOT WHAT THEY'RE LOOKING FOR IN THESE TYPES OF COMMUNITIES FROM JUST OUR EXPERIENCE, JUST MARKET DRIVEN COMPLETELY.

OKAY. THANK YOU. ANY FURTHER QUESTIONS, MR. WEINBERG? YEAH, JUST JAKE, THIS IS A GATED COMMUNITY.

CORRECT? IT IS. SO THE ROADS ARE ALL PRIVATELY MAINTAINED.

THANK YOU. YES, THANK YOU FOR ASKING.

THANK YOU, MR. WEISS. THANK YOU.

FOR THE RECORD, THERE ARE NO LETTERS IN THE.

FOR THIS FILE AND THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

WOULD ANYONE LIKE TO SPEAK IN FAVOR OF THIS REQUEST? ANY OPPOSED? SEEING THAT IS BROUGHT BACK TO THE BOARD FOR A MOTION OR DISCUSSION.

MOTION TO APPROVE PS 23 00012.

I HAVE A SECOND. I'LL SECOND.

MOTION AND A SECOND BY MR. GOOD. ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

NEXT CASE FS 23 00012.

MS.. RAMOS. YES? THIS IS GARDENS AT WATERSTONE PHASE THREE.

AND AGAIN THE APPLICANT FOR PHASE THREE A.

AND AGAIN THE APPLICANT IS KB HOME ORLANDO AND STEVE MCCANN.

AND IT'S AGAIN REPRESENTED BY JAKE WISE.

THIS IS LOCATED WEST OF GARDENS OF WATERSTONE PHASE TWO IN THE VICINITY OF MARAGH LOMA BOULEVARD.

THE OVERALL SITE IS 47.92 ACRES.

IT HAS A PUD ZONING AND LOW DENSITY RESIDENTIAL FUTURE.

LAND USE. THE APPLICANT IS REQUESTING A FINAL SUBDIVISION PLAN OR PLAT APPROVAL FOR A PROPOSED 84 SINGLE FAMILY RESIDENTIAL UNIT DEVELOPMENT TO BE CALLED THE GARDENS AT WATERSTONE PHASE THREE A.

IN ANALYSIS, THIS PROPOSED FINAL SUBDIVISION PLAT WILL BE KNOWN AS GARDENS AT WATERSTONE.

PHASE THREE WILL CONTAIN 84 SINGLE FAMILY LOTS ON 26.38 ACRES.

TWO FUTURE DEVELOPMENT TRACKS TOTALING 21.54 ACRES WILL ALSO BE ON THIS PLAT AND WILL BE REPLATTED LATER TO CREATE THE REMAINING 115 LOTS FOR THE TOTAL FOR GARDENS AT WATERSTONE PHASE THREE.

SO CASE FS 20 3-00012 IS RECOMMENDED FOR APPROVAL, AND STAFF AND THE APPLICANT ARE AVAILABLE FOR ANY QUESTIONS. THANK YOU MS..

RAMOS. ANY QUESTIONS FROM THE BOARD FOR THE STAFF? THANK YOU. WILL THE APPLICANT PLEASE COME FORWARD? THANK YOU. THIS IS SUB PHASE OF THE SUBDIVISION YOU JUST RECOMMENDED APPROVAL ON.

SO WE APPRECIATE THAT THIS SUB PHASE IS 84 OF THE 199 LOTS THAT WE JUST DISCUSSED.

IT'S ALREADY MASTER PLANNED AS I MENTIONED EARLIER FOR UTILITIES STORMWATER TRAFFIC.

AND IT IS A GATED COMMUNITY WITH PRIVATELY MAINTAINED ROADS FOR MR.

[01:45:05]

SO WE DO MEET ALL THE REQUIREMENTS OF THE ZONING, LAND USE AND LAND DEVELOPMENT CODE.

WE DID HAVE COMMENTS RELATED TO THIS FINAL PLAT.

WE HAVE RESPONDED TO ALL OF THOSE AS WELL, WHICH ARE IN YOUR STAFF REPORT.

SO WITH THAT, BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.

THANK YOU, MR. WEISS.

ANY QUESTIONS FOR THE APPLICANT? THANK YOU. THANK YOU.

THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

DOES ANYONE WISH TO SPEAK IN FAVOR OF THIS REQUEST? ANY OPPOSED? SEEING NONE.

THE FLOOR IS NOW CLOSED.

BROUGHT BACK TO THE BOARD FOR MOTION OR DISCUSSION.

YEAH. AGAIN, THIS IS A FINAL SUBDIVISION APPROVAL.

SO MOTION TO APPROVE F 23 00012.

SECOND I HAVE A MOTION AND A SECOND BY MISTER GOOD.

ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

NEXT CASE CP 23 00018.

MADAM CHAIR.

OH, I'LL JUST TAKE IT FROM HERE, IF YOU DON'T MIND.

THAT'S FINE.

THIS IS CP 23 00018.

THE APPLICANT IS TWO TREE ISLAND APARTMENTS, LLC, ROBERT COMBO, AND THE REPRESENTATIVE IS BSC CONSULTANTS AND STEWART BUCHANAN AND ALLIANCE COMMERCIAL REAL ESTATE.

THE LOCATION IS AT THE SOUTHEAST CORNER OF SAN FILIPPO DRIVE SOUTHEAST AND TREELINE BOULEVARD SOUTHEAST, AS SHOWN ON THIS MAP.

THE SITE IS APPROXIMATELY 7.02 ACRES.

ZONING IS EXISTING ZONING OF TEN SINGLE TWO AND FAMILY RESIDENTIAL, AND THE FUTURE LAND USE IS PSP PUBLIC SEMIPUBLIC USE AND WHICH IS RECREATION AND OPEN SPACE USE.

UM, LET ME GET THIS DONE.

SO THE APPLICANT IS REQUESTING A SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP.

THE AMENDMENT IS FROM THE PUBLIC SEMIPUBLIC.

USE AND RECREATION.

OPEN SPACE USE TO HIGH DENSITY RESIDENTIAL USE.

THE PROPOSED AMENDMENT WILL PROMOTE THE PUBLIC HEALTH, SAFETY, WELFARE AND ESTHETICS OF THE REGION BY PROVIDING A HIGH DENSITY RESIDENTIAL NEAR THE INTERSECTION OF ARTERIAL ROADS AND NEAR TO THE COLLEGE RETAIL AND EMPLOYMENT CENTERS.

THIS LAND USE IS AN APPROPRIATE BUFFER TO THE SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS TO THE SOUTH, AND STAFF RECOMMENDS APPROVAL FOR CP 23 0018. AND I AM HERE TO ANSWER YOUR QUESTIONS.

THANK YOU, MR. FRAZIER. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? I HAVE A QUESTION. MR..

I'M JUST CONFUSED AT THE CURRENT ZONING.

IT HAS TEN SINGLE, TWO AND MULTIFAMILY ALL ON THE SAME SITE, ALL ON THE SEVEN ACRE SITE.

WELL, NO, IT HAS A LAND USE, TWO DIFFERENT LAND USES.

WE'RE LOOKING AT THE LAND USE RIGHT NOW.

I'M SORRY, I'M SORRY. THAT'S OKAY.

SO THE LAND USE IS THERE'S TWO DIFFERENT TYPES OF LAND USE ON THE ONE SITE.

I'M NOT SURE WHY.

AGAIN, I INHERITED THIS FROM FROM A LEAVING.

STAFF MEMBER, BUT SO IT HAS TWO DIFFERENT LAND USES ON ONE SITE BECAUSE IT WAS TWO DIFFERENT PARCELS.

IF YOU SEE THE DIFFERENT.

I WISH I HAD THE LITTLE THINGY THERE.

UM, YOU'LL SEE THE DIFFERENT TWO DIFFERENT COLORS ON THE PROPERTY.

SO THERE'S THE GREEN IN THE SHADING THERE AND THEN THE BLUE.

OKAY. SO THOSE ACTUALLY THOSE DIFFERENT TRIANGLES SHOULD BE A DIFFERENT COLOR.

THIS IS NOT THE CORRECT MAP.

OKAY. THANK YOU. SO SO THE MAJORITY OF THE SITE IS WHAT WHAT IS THE MAJORITY OF THE MAJORITY IS PSP.

PSP THIS DOESN'T WORK HERE BUT THAT'S OKAY.

THE MAJORITY OF IT IS PSP.

AND SO THIS THIS APPLICANT IS JUST ASKING FOR THE LAND USE CHANGE TO BE MORE COMPATIBLE WITH THE SURROUNDING LAND USES.

IF YOU LOOK AT THIS MAP ITSELF, YOU HAVE INDUSTRIAL REALLY TO THE RIGHT YOU HAVE ALL OF THE COLLEGE IS TO THE RIGHT, WHICH IS THE EAST ALONG TREE LINED BOULEVARD, NORTH IS COMMERCIAL AND TO THE WEST IS MULTIFAMILY.

IT'S HIGH DENSITY RESIDENTIAL MULTIFAMILY.

SO THIS PARTICULAR CORNER WOULD BECOME MORE COMPATIBLE WITH THE GENERAL LAND USE IN THE AREA.

OKAY. THANK YOU. ANY FURTHER QUESTIONS FOR STAFF? SEEING NONE WHEN THE REPRESENTATIVE.

COME FORWARD, MR.

[01:50:02]

MY NAME IS STUART BUCHANAN.

MY WORKING MAILING ADDRESS IS P.O.

BOX 1545, TITUSVILLE, FLORIDA.

I'M HERE TONIGHT REPRESENTING MR. CAMPBELL. OUR BSC IS OUR SITE CIVIL ENGINEER, WHICH IS A LOCAL ENGINEER.

I'M SURE YOU'VE WORKED WITH IN THE PAST.

I SEE THAT THE BOARD HAS A FULL AGENDA, HAD A FULL AGENDA TONIGHT.

SO I'M GOING TO BE SHORT AND THEN ANSWER ANY QUESTIONS THAT YOU HAVE.

THE FIRST THING I'D LIKE TO SAY IS IF YOU LOOK AT THE THE FUTURE LAND USE MAP OVER THERE.

SO THE BLUE THAT SAYS PSP WITH THE YELLOW LINE THROUGH IT THAT HAS THE MULTIFAMILY ZONING, THE SQUARISH PIECE THAT'S GREEN WITH THE RECREATION THAT'S IN THE MIDDLE.

THE COLLEGE FOUNDATION SOLD US THAT TO MAKE THE PROJECT COMPLETE.

THE COLLEGE DIDN'T WANT AN ALLEYWAY THAT THEY WERE RESPONSIBLE FOR RUNNING INTO THE MIDDLE OF AN APARTMENT COMPLEX, BECAUSE THAT JUST CREATES ISSUES.

AND SO THE COLLEGE ACTUALLY SOLD US THAT GREEN, SQUARISH PIECE.

THE TWO BLUE TRIANGLES ARE NOT PART OF THIS PROJECT.

THEY ARE ENCLAVES THAT HAVE BEEN ENCLAVES FOR OVER 80 YEARS.

I'M NOT SURE AT SOME POINT IF THE COLLEGE WILL BUY THEM OR NOT.

HOWEVER, THOSE HAVE BEEN EXISTING ENCLAVES FOR OVER 80 YEARS.

THE COLLEGE DID SELL US THE RECTANGULAR PIECE IN THE MIDDLE, AND THAT'S THAT STRANGE LITTLE THING THAT YOU SEE.

THERE'S A LITTLE PIECE THAT'S RECREATION, OPEN SPACE.

THAT'S WHAT THAT IS FROM.

SO I'LL RUN THROUGH QUICKLY.

AS STAFF ALREADY MENTIONED, THE ACREAGE IS 7.02 ACRES.

WE WE BUILT THE APARTMENT COMPLEX DIRECTLY ACROSS THE STREET WHERE THE PLANNING AND ZONING BOARD RECOMMENDED FOR APPROVAL.

THE CITY COUNCIL REZONED IT TO EXACTLY WHAT WE'RE ASKING FOR NOW.

IT WAS A HUGE SUCCESS.

WE RECEIVED 100% OCCUPANCY IN 30 DAYS AFTER 30 DAYS.

IF YOU HAVEN'T HAD A CHANCE TO SWING BY AND LOOK AT THE EXISTING APARTMENT COMPLEX, THIS IS ONE OF THOSE RARE OCCURRENCES WHERE YOU CAN ACTUALLY SEE SOMETHING WE'RE REQUESTING BECAUSE WE BUILT IT ACROSS THE STREET.

OUR MAKEUP OF THE POPULATION, OUR TENANTS INCLUDE EIGHT NURSES, TEN PUBLIC SCHOOL TEACHERS, SIX POSTAL WORKERS, ONE OF YOUR POLICE OFFICERS, AND A BUNCH OF COLLEGE STUDENTS WHO CAN RIDE THEIR BIKES ACROSS THE STREET TO WORK.

THIS IS EVEN BETTER BECAUSE YOU CAN LITERALLY WALK TO THE COLLEGE CAMPUS, WALK ACROSS THE PARKING LOT.

YOU'RE THERE, INCLUDING THE FIRE ACADEMY.

SO WE'VE ALREADY APPROACHED THE FIRE ACADEMY AND SAID, WE'LL BE HAPPY TO GIVE YOU A IF YOU WANT SOME SORT OF A PACKAGE DEAL FOR YOUR CADETS WHILE THEY'RE WHILE THEY'RE ATTENDING THE ACADEMY, WE'LL BE HAPPY TO WORK WITH YOU.

LIMESTONE WAS A HUGE SUCCESS.

AGAIN, AS WE MENTIONED, WE'VE GOT DIRECT ACCESS TO THE COLLEGE CAMPUS, WHICH IS GOING TO BE FANTASTIC FOR INTERNAL TRIP CAPTURE SO STUDENTS DON'T HAVE TO DRIVE FROM ANOTHER PART OF THE CITY ON YOUR LOCAL ROADS TO GET TO CLASS.

THEY CAN WALK ACROSS THE PARKING LOT, WHICH PROVIDES REDUCTION OF OUR STUDENTS ON OUR ROADWAYS.

I MENTIONED THE FIRE ACADEMY IS NEXT DOOR.

A COUPLE OF QUICK THINGS.

YOU'LL SEE IT IN THE STAFF REPORT.

STAFF RECOMMENDATION.

THEY TALK ABOUT THE IDENTICAL REZONINGS THAT SIMILAR REZONINGS NEARBY, PROVIDES MORE AFFORDABLE HOUSING, AND IT HAS QUICK ACCESS TO A COLLECTOR ROADWAY. THE UTILITIES ARE EXISTING THE ROADWAY CAPACITY.

WE'VE ALREADY LOOKED AT THE NUMBER OF TRIPS ACCESS TO A COLLECTOR ROADWAY NETWORK, AS STAFF POINTS OUT SEVERAL TIMES IN THE STAFF REPORT.

I WOULD LIKE TO THANK STAFF FOR THEIR TIMELY REVIEW AND PROCESSING OF OUR APPLICATION.

THEY'VE BEEN GREAT TO WORK WITH.

I WOULD REQUEST THAT YOU FOLLOW STAFF'S RECOMMENDATION AND RECOMMEND TO THE CITY COUNCIL FOR APPROVAL.

I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? MR. GORDON? YEAH.

SO YOU MENTIONED THAT YOU DID DEVELOP THE OTHER MULTIFAMILY SITE VERY CLOSE TO HERE, RIGHT ACROSS THE STREET.

RIGHT. AND IT'S A GREAT, GREAT LOOKING PROJECT.

AND THIS IS GOING TO BE SIMILAR TO THAT.

IS THAT YOUR VISION FOR THIS? EXACTLY THE SAME UNITS.

IN FACT IF YOU IF YOU EVER WANT TO VISIT IT THE WE HAVE ONSITE LIVING MANAGEMENT BARBARA.

WE HAVE ON SITE MAINTENANCE.

I WOULD JUST STOP BY ANYTIME YOU WANT.

ASK FOR BARBARA. AND HOW MANY UNITS DO YOU PLAN TO PUT ON THIS SITE? 140 140 ON THIS SITE.

OKAY. OUR OTHER ONE IS BIGGER.

RIGHT, RIGHT. IT'S PRETTY HIGH TOO.

HOW MANY? HOW MANY STORIES IS IT? IT'S FOUR. FOUR STORIES.

IT'S JUST UNDER YOUR HEIGHT LIMIT.

OKAY. OKAY.

THEY ALL HAVE WALK IN CLOSETS, GRANITE COUNTERTOPS.

ALL UNITS HAVE BALCONIES.

MOST PEOPLE STOP PAYING FOR THEIR GYM MEMBERSHIP BECAUSE WE HAVE A GYM THAT LOOKS LIKE PLANET FITNESS.

WE HAVE A FULL POOL DECK.

BARBECUE PITS.

YOU DON'T PAY TO CHARGE YOUR CAR.

WE HAVE CHARGING STATIONS AND WE DON'T CHARGE LIKE MOST APARTMENT COMPLEXES.

YOU CHARGE YOUR CAR FOR FREE.

WE WORK THAT IN.

[01:55:01]

THEY DON'T LOOK LIKE THE APARTMENTS WHEN I GREW UP.

THEY LOOK LIKE CONDOS.

YEAH. I THINK WHAT'S NICE WITH THE AND THEY HAVE ELEVATORS PROJECT YOU HAVE NOW HAS THAT LIKE A NATURAL BUFFER.

YOU KNOW RIGHT ALONG THIS THIS PROPERTY ACTUALLY PROVIDES A NATURAL BUFFER TO YOUR YOUR CURRENT PROJECT.

AND SO THIS WOULD BE RIGHT ON THE, ON THE ROADWAY.

YEAH THAT'S TREELINE AND THAT'S COLLEGE CAMPUS COMPLETELY SURROUNDING US.

EVEN THOUGH YOU SEE DIFFERENT FUTURE LAND USES.

THAT'S COLLEGE OWNED PROPERTY.

AND SO THE OUR NEIGHBORS, THE COLLEGE EXCEPT FOR US, WHO'S OUR NEIGHBOR TO THE WEST, WE'RE OUR NEIGHBOR IN ONE DIRECTION.

THE COLLEGE HAS US ON OTHER THREE SIDES.

OKAY. THANK YOU.

THANK YOU. ANY FURTHER QUESTIONS, MR. OLSZEWSKI? THANK YOU, MADAM CHAIR.

THANK YOU, SIR, FOR BEING WITH US AND FOR YOUR PRESENTATION AND FOR YOUR PREVIOUS PROJECT.

I DO BELIEVE IT ADDS VALUE TO THE COMMUNITY.

UM, FRANKLY SPEAKING, SIR, HOW MUCH OF A CONCERN IS THE SAN FILIPPO AND MALABAR CORRIDOR TO YOU AS YOU DEVELOP AND AS YOU HOPE TO SEEK 100% OCCUPANCY AND MOVE 140 PEOPLE MORE IN TO ADD TO THAT DAILY COMMUTE? WELL, THE ONE THING I WOULD THE ONE POINT I WOULD MENTION OUT TO YOU, SIR AND THE PREVIOUSLY THE THE CITY COUNCIL ACTUALLY REDUCED OUR TRANSPORTATION IMPACT FEES BECAUSE THE TRAFFIC ENGINEER FOR THE CITY AT THE TIME RECOGNIZED THAT WHEN WE RENT A STUDENTS, THIS WAS WHEN ACROSS THE STREET, THIS IS EVEN CLOSER TO THE COLLEGE.

NOW THOSE STUDENTS AREN'T DRIVING ON THOSE LOCAL ROADS TO GO TO CLASS IN THE MORNING AND THEN COME BACK FOR THEIR EVENING CLASSES OR AFTERNOON CLASSES.

IN OTHER WORDS. THE THE TRAFFIC THAT'S PUT ON THE ROAD GENERATED BY THE COLLEGE GETS REDUCED.

NOW, I'M NOT GOING TO SAY WE'RE GOING TO RUN 100.

ALL COLLEGE STUDENTS WILL SNAP UP ALL 140 UNITS.

BUT WHAT I AM SAYING IS IT HELPS WITH THE TRAFFIC TO THE POINT THAT THE CITY COUNCIL AND YOUR OLD TRAFFIC ENGINEER RECOGNIZED THIS, AND HE ACTUALLY REDUCED OUR TRAFFIC IMPACT FEES BY 15% BECAUSE OF THAT TRIP REDUCTION.

AND WILL YOU TRAFFIC ALL SPILL OUT ON A TREE, OR WILL IT CUT ONTO SAN FILIPPO AS WELL? BOTH. YEAH. SO SO INTERESTING YOU MENTIONED THAT.

SO WHAT WE ACTUALLY HAVE DONE IS WE DO HAVE AN ENTRANCE AND EXIT OUT ONTO SAN FILIPPO, BUT WE CHANGED THE THE ARCHITECT SLIGHTLY MODIFIED THE DESIGN TO PROMOTE TREELAND.

AND HERE'S WHY.

AT SOME POINT, AND I DON'T KNOW IF YOU'RE AWARE THAT I WORKED FOR CITY AND COUNTY GOVERNMENT MY WHOLE CAREER.

I'M RETIRED NOW.

AT SOME POINT, THAT INTERSECTION WILL GET SIGNALIZED.

WE KNOW IT, SO WE THOUGHT AHEAD.

WE HAD THE ARCHITECT CHANGE THE LAYOUT SO THAT THE THE, THE RESIDENTS COULD GO OUT ON TREELAND AND UTILIZE THAT FUTURE SIGNALIZATION.

WE KNOW WHAT'S GOING TO COME. I FIND THAT WISE.

THAT'S THAT'S WHY I'M BRINGING THIS UP, IS TO TO MAKE SURE THAT YOU GUYS ARE AWARE OF THE CURRENT CLIMATE.

YOU HAVE A PROJECT THERE, SO I'M SURE YOU ARE.

BUT THAT YOU'RE EXERCISING THE FORESIGHT TO UNDERSTAND THAT YOU ARE IN A CORRIDOR THAT I SEE PERSONALLY, I THINK THE BOARD CAN AGREE WITH ME.

WE'RE IN COMPREHENSIVE PLAN THAT THIS MULTIFAMILY USES IS PROBABLY ONLY GOING TO GROW IN THIS PARTICULAR AREA.

SO I DO FEEL THAT THIS PROJECT IS COMPATIBLE.

I WILL SUPPORT IT, BUT I JUST WANT TO MAKE SURE THAT YOU'RE LITERALLY BUILDING IT FOR THAT GROWTH AND HELPING YOUR RESIDENTS.

IT'S GOING TO MAKE YOU A MORE DESIRABLE PROPERTY IF THEY CAN GET TO AND FROM.

THANK YOU SIR. YEAH, WE DID SHIFT THE ENTRANCE ON TREELINE.

THINKING AHEAD ABOUT THE FUTURE.

SIGNALIZATION. GOOD ENOUGH.

THANK YOU VERY MUCH. AND THANK YOU, MADAM CHAIR.

THANK YOU, MR. BUCHANAN.

SEEING NO FURTHER QUESTIONS, THE THE FLOOR IS NOW OPEN.

DOES ANYONE WISH TO SPEAK ON THIS ISSUE? SEEING NONE IS BROUGHT BACK TO THE BOARD FOR A MOTION OR DISCUSSION.

YEAH. THIS IS THE IDEAL LOCATION FOR THIS TYPE OF PROJECT.

SO MOTION TO APPROVE CP 23 00018.

SECOND MOTION A SECOND BY MR. OLSHEVSKY. ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

THE COMPANION CASE CPC 23 00010.

MADAM CHAIR, THIS IS THE CONTINUATION OF THE LAST PRESENTATION.

WE WE CHANGED THE LAND USE AND NOW WE WILL BE WE ARE FOLLOWING UP WITH THE REQUEST FOR THE CHANGE OF THE ZONING FOR CPC 23 000 TEN TO TREE LINED APARTMENTS, ROBERT CAMPBELL AND THE APPLICANT OR THE REPRESENTATIVES OR BRC CONSULTANTS AND STUART BUCHANAN.

THE LOCATION AGAIN IS AT TREELINE BOULEVARD SOUTHEAST AND SAN FILIPPO FILIPPO DRIVE SOUTHEAST.

IT'S APPROXIMATELY SEVEN ACRES.

THE ZONING IS ONLY ONE THIS TIME.

TEN, WHICH IS SINGLE, ALLOWS FOR SINGLE TO DUPLEXES OR MULTIFAMILY RESIDENTIAL DISTRICT, AND THE FUTURE LAND USE WILL BE CHANGED

[02:00:06]

SO WE'RE ASKING FOR THE AMENDMENT FROM THE TEN TO CHANGE IT TO AN 20, WHICH ALLOWS FOR 20 UNITS PER ACRE AS OPPOSED TO THE TEN UNITS PER ACRE, AND ONLY ALLOWS FOR MULTIFAMILY RESIDENTIAL IN THIS DISTRICT.

SO AN MX 20 DISTRICT WILL ACCOMMODATE A MORE INTENSE DEGREE OF DEVELOPMENT WHILE MAINTAINING ADEQUATE AMOUNTS OF OPEN SPACE FOR RESIDENTIAL USE.

THIS ALLOWS FOR THE CONSTRUCTION OF MORE AFFORDABLE UNITS FOR WORKFORCE AND STUDENT HOUSING, WHICH IS CLOSE TO THE COLLEGE AND MAJOR TRANSPORTATION CORRIDORS, SO STAFF DOES RECOMMEND APPROVAL FOR CPC 20 300 TEN.

AND AS YOU CAN SEE FROM THIS MAP, THE SURROUNDING LAND USE IS MUCH MORE INTENSE AND IT IS COMPATIBLE WITH THAT. I'M SORRY, ZONING.

IT'S MORE COMPATIBLE WITH THE SURROUNDING ZONING.

THANK YOU. THANK YOU, MR. FREDERICK. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? SEEING NONE. DO YOU WANT TO ADD SOMETHING? STUART BUCHANAN THE ONLY THING I WOULD DO IS EXACTLY WHAT STAFF SAYS.

YOU CAN SEE FROM THE ZONING MAP.

WE'RE SURROUNDED BY MULTIFAMILY 20 UNITS PER ACRE OR TEN UNITS PER ACRE OR NEIGHBORHOOD COMMERCIAL.

THANK YOU. I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.

THANK YOU. BOY.

DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT? SEEING NONE WOULD ANYONE IN THE AUDIENCE LIKE TO SPEAK ON THIS ISSUE? THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS.

BROUGHT BACK TO THE BOARD FOR A MOTION OR DISCUSSION.

A MOTION TO APPROVE CPC 23 000 TEN.

SECOND. MOTION AND SECOND BY RASHEVSKY.

ALL IN FAVOR? AYE, AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

NEXT CASE T 23 00028.

MISS FRAZIER. GOOD EVENING.

THIS IS A TEXTURAL CHANGE TO AMENDMENT TO THE CODE OF ORDINANCES OF THE LAND DEVELOPMENT CODE.

CHAPTER 185, ZONING CODE 185.

066A3. AND IT SPECIFICALLY LET ME GET TO THIS.

THE GROWTH MANAGEMENT DEPARTMENT IS REQUESTING TO ALIGN TIMELINES REFERENCED IN THE LAND DEVELOPMENT CODE RELATED TO PRELIMINARY DEVELOPMENT PLAN SUBMITTALS, WITH THE TIMELINES REQUIRED BY SECTION 166 .033 FLORIDA STATUTE, WHICH PROVIDES MUNICIPALITIES MORE APPROPRIATE AND REALISTIC TIMEFRAMES TO ENSURE APPLICATIONS SUBMITTED ARE COMPLETE AND ADEQUATELY REVIEWED BY ALL NECESSARY CITY DEPARTMENTS.

THE COMPLEXITY OF THE PRELIMINARY DEVELOPMENT PLAN.

ALL SUPPLEMENTAL DOCUMENTS REQUIRES A MORE COMPREHENSIVE REVIEW, AND DEPARTMENTS ARE CHALLENGED WITH MEETING TIMELINES SET FORTH BY THE ZONING CODE FOR PUD APPLICATIONS, ESPECIALLY GIVEN THE QUANTITY OF DEVELOPMENT PERMIT APPLICATIONS RECEIVED BY THE DEPARTMENT AND CURRENT STAFF CAPACITY.

SO STAFF RECOMMENDS CASE TEXTUAL CHANGE T 20 3-00028 FOR APPROVAL.

AND TO JUST GIVE YOU ALL A LITTLE CONTEXT.

CURRENTLY, STAFF HAS TO TURN THESE PLANS AROUND WITHIN APPROXIMATELY 45 DAYS WITH THE AMOUNT OF APPLICATIONS WE RECEIVE WEEKLY.

AND THEY ARE ALL IN DIFFERENT LEVELS OF APPROVALS.

THERE'S PRE APPS. THERE'S THERE'S ZONING.

WILL YOU SEE THEM.

MOST OF THEM THE THE THE DEVELOPMENT REVIEW COMMITTEE WHICH CONSISTS OF ALL OF THE OTHER DEPARTMENTS HERE IN THE CITY AS WELL AS THE LAND DEVELOPMENT DIVISION, ONLY HAS A VERY SHORT TIME TO REVIEW THESE BECAUSE IT HAS BEEN MEMORIALIZED WITHIN YOUR LAND DEVELOPMENT CODE.

BACK IN 2019, THE FLORIDA STATUTE CHANGED TO TO CHALLENGE MOST LOCAL GOVERNMENTS TO HAVE THESE REVIEWS DONE IN A TIMELY MANNER, BUT GIVING A MUCH BETTER AVAILABILITY OF TIME.

AND THEY DID THIS ALSO WITH THE BUILDING CODE.

SO FOR INSTANCE, THE BUILDING DEPARTMENTS, THEY NEED TO HAVE THEIR REVIEWS DONE WITHIN 30 DAYS, AND SO DOES LAND DEVELOPMENT DIVISIONS OR GROWTH MANAGEMENT DIVISIONS.

SO BEING ABLE TO TO ELONGATE THE TIME FRAME IS GOING TO ALLOW STAFF TO BE ABLE TO.

AND WHEN I SAY STAFF I MEAN THE OTHER DEPARTMENTS ALSO PUBLIC WORKS UTILITIES SURVEY IS GOING TO GIVE US A BETTER A CHANCE TO DO A BETTER REVIEW AND PROVIDE YOU THE DECISION MAKING BODY WITH A MORE INFORMATIONAL REPORT.

[02:05:09]

IT'S RETENTION OF STAFF IS DIFFICULT.

I HAVE BEEN REVIEWING THE PROCESS FOR THE LAST THREE MONTHS, AND WE ARE LOOKING AT WAYS TO STREAMLINE TO MAKE IT MORE ACCOMMODATING FOR STAFF AND THE DEVELOPMENT COMMUNITY.

THERE ARE MANY THINGS WITHIN OUR CODE.

WE'RE DOING A HEAVY LIFT ON IT THAT CONFUSES AND FRUSTRATES THE DEVELOPMENT COMMUNITY AS WELL AS STAFF, AND SO WE ARE LOOKING AT WAYS OF REALLY MAKING THIS CHANGE BETTER FOR THE WHOLE COMMUNITY.

SO WITH THAT, THIS IS ONE OF THE VERY APPLICABLE CHANGES THAT WE ARE RECOMMENDING AT THIS TIME, AND I AM HERE TO ANSWER ANY QUESTIONS.

SO WILL THEY GIVE US A BETTER LIKE HISTORY, LIKE FOR INSTANCE, LIKE SOME OF THESE CASES, THERE'S A THERE THERE IS A HISTORY TO TO TO A LOT OF THE CASES LIKE FOR INSTANCE, I CAN GO BACK AND HAVE STACKS OF, OF CASES WHERE THERE'S A HISTORY.

SO WILL YOU ALL BE ABLE TO TIE SOME OF THAT HISTORY, ESPECIALLY WHEN WE HAVE NEW BOARD MEMBERS.

AND THOSE BOARD MEMBERS CAN GO BACK AND BE ABLE TO LOOK AT SOME OF THAT CASE HISTORY TO BETTER UNDERSTAND WHAT SOME OF THE CASES ARE.

SO WOULD THAT BE SOMETHING THAT TIE INTO THAT, IF THAT IS SOMETHING THAT YOU WOULD LIKE TO SEE AS FAR AS, AS FAR AS YOUR WE WORK FOR YOU. OKAY.

AND THIS IS WHAT I CONSTANTLY SAY TO MY STAFF EVERY DAY WE WORK FOR YOU.

AND THESE ARE YOU HAVE A LOT OF REALLY GOOD CODES AND A BRAND NEW COMPREHENSIVE PLAN IN PLACE.

AND SO IF WE CAN HELP AND ASSIST THIS BOARD, AS WELL AS OUR CITY COUNCIL IN MAKING MORE INFORMED DECISIONS BY PROVIDING A LITTLE BIT MORE HISTORY OF THE PRODUCT IN FRONT OF YOU, WE WE'D BE HAPPY TO IF THAT IS SOMETHING YOU WANT US TO TO ADD INTO THE I MEAN, THIS DOESN'T REALLY AFFECT THIS, BUT IT WOULD ALLOW US TO BE ABLE TO DO A LITTLE BIT MORE RESEARCH THAT YOU ASKING FOR A LITTLE BIT MORE TIME.

I WAS KIND OF HOPING THAT MAYBE WE COULD, YOU KNOW, MAYBE PUT A LITTLE BIT MORE HISTORY FOR SOME OF THESE.

I'D BE HAPPY TO ADD THAT TO MY LIST I'VE BEEN MAKING ALL NIGHT.

THANK YOU. MR. FRAZIER. DOES THE BOARD HAVE ANY FURTHER QUESTIONS FOR STAFF, MR. RESHEVSKY? THANK YOU, MADAM CHAIR.

THANK YOU, MA'AM, FOR YOUR PRESENTATION AND FOR YOUR EFFORTS IN ESTABLISHING EFFICIENCIES.

I WANT TO UNDERSTAND WHAT OPPORTUNITIES EXIST FOR YOUR DEPARTMENT TO CUT STRAIGHT TO IT FISCALLY, OFFSET SOME OF THE TRAFFIC. I'LL USE AN EXAMPLE.

THE BUILDING DEPARTMENT.

RIGHT. MORE AND MORE BUILDING MORE AND MORE PERMITS.

WHATEVER BUILDING OPERATES IS AN ENTERPRISE FUND.

THEY FILLED UP THEIR WHOLE FACILITY.

THEY HAD THEY WITHIN THEIR DEPARTMENT NOW HAVE ENOUGH MONEY BECAUSE PEOPLE ARE PAYING MORE AND MORE FEES TO GO GET THE PLACE IN WINN DIXIE TO GO HIRE MORE PEOPLE, WHAT HAVE YOU. YOU.

I'VE SEEN YOUR ACCOMMODATIONS.

I'VE SEEN YOUR OFFICE.

IT'S NOT EVEN FULL WITH PEOPLE.

SO HEADCOUNT, THIS, THAT OR THE OTHER.

HOW DO WE GET SOME REVENUE DIRECTED BACK TOWARDS YOUR DEPARTMENT SPECIFICALLY? IS THERE ANY TODAY THROUGH THE FEES THAT DEVELOPERS PAY, IS THERE OPPORTUNITY TO TO GET FEES.

SO OUR DEVELOPERS BUT I'M SEEKING SUCH OPPORTUNITIES.

THANK YOU. THAT IS A GOOD QUESTION.

AGAIN FORGIVE ME.

THIS IS MY LESS THAN THIRD MONTH HERE, BUT I HAVE BEEN DOING THIS A LONG TIME.

PREVIOUS TO MY TENURE.

WE DID GO THROUGH SOME FEE EXPANSIONS AS FAR AS THE APPLICATIONS AND THE FEES.

ONE OF WE HAVE MANY TRICKS UP OUR SLEEVE AT THIS POINT TO HELP STREAMLINE AND MAKE THIS PROCESS GO MORE SMOOTHLY.

RETENTION OF STAFF HAS BEEN DIFFICULT, AND AND IT NOT NECESSARILY HAS TO BE BECAUSE OF THE CONSTANT WHEEL THAT STAFF IS ON AS FAR AS THESE APPLICATIONS.

BUT IT'S ALSO, YOU KNOW, THE MARKET, THE PRIVATE INDUSTRY CAN OFFER MORE, YOU KNOW, AND REMOTE WORK.

AND AND SO WE TRY TO BE COMPETITIVE IF THAT'S YOUR IF THAT'S YOUR QUESTION.

MANAGEMENT HAS BEEN INCREDIBLY SUPPORTIVE OF OF WHATEVER WE CAN DO TO HELP TO ASSIST GROWTH MANAGEMENT IN STABILIZING ONE OF THE WHICH YOU WILL SEE ON THE COUNCIL AGENDA TOMORROW NIGHT, IS TO DO SOME PIGGYBACK CONTRACTS WITH SOME PLANNING GROUPS OR PLANNING CONSULTANTS THAT WE, WE HAVE BEEN WORKING WITH AND HAVE WORKED WITH IN THE PAST.

AND THEY WILL TAKE ON SOME OF THE BIG BULK REVIEWS, LIKE THE PODS AND THE PLANTS.

WE ARE ALSO BULKING UP ON OUR ENGINEERING CONSULTANTS THAT WE ALREADY HAVE IS CONTINUING SERVICES CONTRACTS, TO HAVE THEM BE MORE INVOLVED IN THE

[02:10:10]

SO WE'RE LOOKING OUTSIDE TO GET THAT SUPPORT, AND THEN WE'RE ALSO LOOKING INSIDE TO SEE HOW WE CAN GET MORE STAFF GOING.

I'VE BEEN INTERVIEWING A LOT.

SO SO JUST AS A QUICK FOLLOW UP TODAY, AS IT STANDS, DO YOU KEEP ANY OF THE REVENUE ASSOCIATED WITH THESE PERMIT FEES WITHIN YOUR DEPARTMENT TO HELP OFFSET YOUR COSTS? NO, THE REVENUES ARE GENERALLY THERE TO ASSIST WITH THE ADVERTISING, THE PUBLIC INTEREST ADVERTISING THAT WE HAVE TO DO BEFORE EVERY SINGLE MEETING. RIGHT.

YOU KNOW, THE NEWSPAPER IS NOT CHEAP AND WE HAVE TO PUT OUT MAILERS.

AND SO A LOT OF THAT REVENUE GOES TOWARDS THAT.

IT'S REALLY NOT TOWARD STAFF TIME.

I THINK THE NEWSPAPER IS JUST MAKING IT UP FOR LOST TIME ON YOU GUYS, BECAUSE YOU'RE THEIR ONLY CUSTOMERS NOW.

THANK YOU FOR THIS INFORMATION.

I'M TRYING TO THOROUGHLY UNDERSTAND I WANT THIS FOR YOU AND YOUR STAFF, BUT I WANT FURTHER.

SO I'M TRYING TO UNDERSTAND WHERE THE GROWTH IS BECAUSE YEAH, WHEN PEOPLE ARE OVERWORKED, THEY CAN'T GET OVER BEING UNDERPAID.

IF THEY'RE NOT OVERWORKED, THEY MIGHT BE ABLE TO GET OVER BEING UNDERPAID IF THEY'RE, YOU KNOW, PAID WELL, THEY MIGHT BE ABLE TO GET OVER BEING OVERWORKED, BUT IT'LL NEVER GO BOTH.

SO WE HAVE TO FIGURE OUT HOW TO HELP YOU HELP THEM AND MAKE MAKE A HAPPY STAFF AND MAKE A HAPPY DEPARTMENT.

SO THANK YOU VERY MUCH. AND THANK YOU, MADAM CHAIR.

MR. WEINBERG. YEAH.

MS.. FRAZIER IN YOUR IN YOUR YOUR GENERAL COMMENTS.

YOU STATE THAT YOU'RE REQUESTING A LINE TIMELINES REFERENCE IN OUR LAND DEVELOPMENT CODE CHAPTER 185 TO THE TIME LINE REQUIRED BY SECTION 166 .033 OF THE FLORIDA STATUTES.

AND THEN IN OUR CHAPTER 185 CODE, YOU HAVE ALL THE REFERENCES TO SPECIFIC TIMES JUST CROSSED OUT WITH NO NO REPLACEMENT OF WHAT THE NEW TIME LIMITS ARE. WHAT ARE WHAT IS THE TIME LINE REQUIRED BY FLORIDA STATUTE SECTION 166 .033? WELL, I DO HAVE IT IN FRONT OF ME, BUT LET ME LET ME START BY STATING THAT IT IS UNUSUAL AND NOT STANDARD TO HAVE PROCESS TIMELINES MEMORIALIZED WITHIN A LAND DEVELOPMENT CODE.

THAT IS, THAT IS A DIFFICULT CROSS TO BEAR FOR MOST MUNICIPALITIES, AND IT HAS BEEN PROVEN TO BE THUS HERE IN THE CITY OF PALM BAY.

SO IT'S UNUSUAL, I UNDERSTAND THAT, I UNDERSTAND THAT, BUT WHAT IS THE TIMELINE REQUIRED BY THE FLORIDA STATUTE? THERE YOU GO. SO IF YOU GO TO THE STATUTE, IT BASICALLY GIVES 30 DAYS RIGHT AFTER RECEIVING AN APPLICATION FOR APPROVAL OF A DEVELOPMENT PERMIT OR DEVELOPMENT ORDER.

SO IT PROVIDES 30 DAYS.

WE AREN'T STRIVING TO TAKE 30 DAYS.

THIS IS THE EXACT SAME VERBIAGE THAT IS GIVEN FOR THE BUILDING DEPARTMENT.

THIS WAS SOMETHING THAT THE STATE MEMORIALIZED IN ORDER TO TRY TO ACCOMMODATE, YOU KNOW, DEVELOPMENT THAT MAY GO ON FOR MANY, MANY MONTHS.

I DON'T KNOW IF YOU RECALL, YOU PROBABLY DON'T.

BACK IN THE 90S, THEY DID THIS TO THE SAINT JOHNS RIVER MANAGEMENT MANAGEMENT DISTRICT.

THEY HAD TO COME BACK WITH COMMENTS WITHIN FOUR WEEKS.

SO IT'S THE SAME.

IT'S A IT'S A VERY STANDARD TYPE OF TIMELINE.

THAT IS CERTAINLY NOT SOMETHING WE'RE GOING TO STRIVE FOR, BUT AT LEAST GIVES STAFF THE ABILITY FOR BREATHING ROOM AND TO DO A BETTER, REALISTIC REVIEW OF WHAT'S IN FRONT OF THEM.

SO IN ESSENCE, WHAT YOU'RE YOU'RE IMPLYING IS THAT THE FLORIDA STATUTE, THE TIMELINE SET FORTH IN FLORIDA STATUTE, IS IN EXCESS OF THE TIMELINE THAT WE HAVE STATED IN CHAPTER 185.

IS THAT CORRECT? THAT'S CORRECT SIR.

OKAY. THANK YOU. WHO WERE THE QUESTIONS, MA'AM? YEP. JUST VERY BRIEFLY, TO FURTHER UNDERSTAND MR. WEINBERG'S POINT, WHAT WE'RE AT WITH OUR TIMELINE IN OUR LAND DEVELOPMENT CODE THAT HAS BEEN MEMORIALIZED IS LESS THAN 30 DAYS.

WELL, IT GIVES US 45 DAYS TO GO TO YOU.

OKAY. OKAY. SO IT'S NOT JUST THE FIRST COMMENT.

SO YOU HAVE TO UNDERSTAND.

SO WHEN WHEN YOU GET IN AN APPLICATION AND IT'S COMPLETE AND YOU BEGIN YOUR REVIEW.

OKAY. IN THE FLORIDA STATUTE ALLOWS YOU 30 DAYS TO SUBMIT COMMENTS RIGHT BACK TO THE DEVELOPER.

THAT IS CORRECT. HERE IN IN THIS PARTICULAR ONE, IT'S SAYING THAT WE HAVE 45 DAYS BASICALLY TO GET EVERYTHING TO THE NEXT BOARD MEETING.

SO YOU WOULD NEED THE COMMENTS BACK, BACK.

WE HAVE TO GET THE COMMENTS THERE.

EVERYBODY NEEDS TO HAVE EVERYTHING PUT BACK TOGETHER.

IT REALLY DOES NOT LEAVE ROOM FOR A REALISTIC TIMELINE IN DETERMINING COMPLETENESS.

[02:15:06]

AND IT'S IT'S A STRUGGLE.

THIS ISN'T SOMETHING THAT, YOU KNOW, YOU DO IN A DAY.

WELL, YOU CAN IF YOU'VE GOT A WHOLE EIGHT HOURS.

SO WE HAVE TO GET IT TO THE PLANNING AND ZONING BOARD BECAUSE OF THE VERBIAGE IN HERE.

I MEAN, IT BASICALLY STATES, HOLD ON.

THAT IT HAS TO GO TO THE.

NEXT PLANNING AND ZONING BOARD WITHIN THE MONTH THAT THEY SUBMITTED THE APPLICATION.

SO YOU SUBMIT THE APPLICATION WITHIN, YOU KNOW, WHATEVER DAYS YOU HAVE TO BRING IT TO THE NEXT PLANNING AND ZONING BOARD.

IT'S. IT'S JUST NOT TENABLE.

SO. BUT IT'S UP TO YOU IF THAT'S HOW YOU WOULD LIKE IT TO CONTINUE TO BE.

WELL. THANK YOU. THANK YOU, MADAM CHAIR.

ANY FURTHER QUESTIONS? I HAVE ONE, MISS FRAZIER.

OF COURSE. ARE YOU SAYING THAT YOU'RE ASKING FOR MORE TIME THAN THE STATE ALLOWS? NO MA'AM, NO, I AM NOT.

I AM STATING THAT WHAT'S IN THE EXISTING CODE ARE TIMELINES AND STRICT DATES OF RETURN THAT ARE NOT REALLY REALISTIC.

IN ORDER TO DO A GOOD REVIEW OF ESPECIALLY WE'RE TALKING PODS AND NEXT WE'RE TALKING PLATTS.

WHEREAS THE STATE STATUTE GIVES YOU 30 DAYS TO BRING BACK COMMENTS.

SO YOU HAVE 30 DAYS TO DO ONE ROUND OF COMMENTS.

THE STATUTE ALSO STATES THAT YOU CAN DO TWO ROUNDS OF COMMENTS, BUT IF THERE'S A THIRD ROUND, THEN YOU REALLY NEED TO ASK THE APPLICANT FOR A MEETING.

AND THAT'S SOMETHING WE DO ANYWAY.

WE WANT THE APPLICANT TO COME IN AND WONDER WHY.

OKAY, WE'VE ALREADY DONE TWO ROUNDS OF COMMENTS.

HOW CAN WE COME TO A MEETING OF THE MINDS AND REALLY MAKE OURSELVES, YOU KNOW, COME UP WITH A GOOD PLAN? THEN WHERE ARE WE? WHERE'S THE STICKING POINT RIGHT BEFORE IT THEN GETS APPROVED OR IT IS BROUGHT TO THE DECISION MAKING BODIES? SO NO, WE'RE NOT ASKING FOR MORE TIME THAN THE STATE IS GIVING US.

WE'RE ASKING TO FOLLOW THE STATE RULES.

OKAY. THANK YOU.

SEEING NO FURTHER QUESTIONS.

THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

WOULD ANYONE LIKE TO SPEAK ON THIS ISSUE? MR. BUCHANAN? THANK YOU, MR. BUCHANAN. MY WORKING MAILING ADDRESS IS P.O.

BOX 1545, TITUSVILLE, FLORIDA.

IN REFERENCE TO WHAT MRS. FRAZIER SAID, I CAN TELL YOU AT BREVARD COUNTY, I DID RAISE THE FEES, AND I ACTUALLY GOT THE SUPPORT OF THE DEVELOPMENT AND ENGINEERING COMMUNITY BECAUSE BY RAISING THE FEES, IT LET ME OUTSOURCE REVIEWS FOR SITE PLANNING, JUST LIKE MRS. FRAZIER IS TALKING ABOUT.

I DID EXACTLY THAT.

AND IN THE COUNTY COMMISSION THAT WAS OUT.

THAT WAS ANTI FEE AND ANTI RAISING THE TAXES.

I GOT A UNANIMOUS VOTE BECAUSE THE ENGINEERS AND THE DEVELOPERS SAID, OKAY, LET ME GET THIS STRAIGHT.

SO INSTEAD OF PAYING 3500 I'M GOING TO PAY 4500.

BUT NOW YOU GET TO SEND IT TO AN OUTSIDE ENGINEERING COMPANY TO DO THE PLAN.

REVIEW WORKED LIKE A CHARM.

THEN I CAME HERE AND ONE OF THE VERY FIRST THINGS I DID WAS EXACTLY WHAT MRS. FRAZIER IS DOING.

I HIRED BMC ENGINEERING.

I HIRED MV ENGINEERING, BRUCE MOYER AND STEVE MONROE TO OUTSOURCE SITE PLAN REVIEW, AND IT WENT LIKE CLOCKWORK.

THAT'S EXACTLY. I BELIEVE YOU HAVE AN RFP COMING OUT, AND I FULLY SUPPORT THAT.

THE IT STAFF IS CONSTANTLY GETTING CALLS ON ALL KINDS OF THINGS FROM RESIDENTS, EVERYTHING FROM SHEDS TO POOLS, YOU KNOW, AND AND WHEN YOU OUTSOURCE IT AND YOU GIVE IT TO A PRIVATE ENGINEER WHO ALL THEY HAVE TO DO IS CONCENTRATE AND THEY ALL HAVE TO DEAL WITH DAILY.

YOU KNOW, PEOPLE COME IN OFF THE STREET ALL THE TIME.

I FULLY SUPPORT THE IDEA.

I'VE DONE IT, RAISED THE FEES SO YOU CAN FUND THE THIRD PARTY.

IT WORKS.

AND IT WORKED HERE BEFORE.

THANK YOU. THANK YOU.

ANY FURTHER COMMENTS FROM THE.

ANNA SAUNDERS WITH BSC.

SORRY, I WAS ONE OF THE LAST ITEMS, SO I FIGURED I'D HANG AROUND FOR THIS ONE.

I JUST WANT A CLARIFICATION.

I UNDERSTAND THE INTENT TO TRY AND MEET THAT 30 DAYS AND EVERYONE'S GOT GOOD INTENTIONS.

MY EXPERIENCE ON THIS SIDE OF THE FENCE IS IF YOU HAVE 30 DAYS, YOU'RE GOING TO TAKE 30 DAYS.

[02:20:03]

COUNCIL. RIGHT. SO IF I TURNED IN JANUARY 1ST, I WENT TO THE FEBRUARY 1ST, P AND Z AND THEN THE, THE, THE MARCH COUNCIL MEETING. IF MY PACKAGE WAS COMPLETE AND HAD EVERYTHING IN IT.

RIGHT. I GET THAT A COUPLE OF MONTHS AGO THAT CHANGED TO, HEY, YOU KNOW WHAT? CAN WE ADD TWO EXTRA WEEKS ON THE FRONT END? SO INSTEAD OF SUBMITTING BY THE FIRST, CAN YOU SUBMIT BY THE 15TH? IF YOU DO THAT, WE'RE GOING TO CUT IT OFF ON THE BACK END.

YOU'RE GOING TO GO TO THE SAME P AND Z AND COUNCIL IN THE SAME MONTH.

SO NO ONE'S REALLY LOSING ANY TIME, BUT IT'S GIVING STAFF SOME ADDITIONAL TIME.

SOUNDS GREAT. NO PROBLEM.

SO WE'RE DOING THAT.

IT'S JUST MY CONCERN IS AND I GET THAT YOU'RE WORKING WITH A LIMITED STAFF RIGHT NOW TOO.

SO YOUR HANDS ARE A LITTLE BIT TIED AND THERE'S THERE'S CHALLENGES THERE.

SO IS THERE AN OPPORTUNITY BECAUSE IT SAYS RIGHT BASED ON CURRENT STAFF CAPACITY.

SO IF WE'RE GOING TO OUTSOURCE IT, IS IT DO WE NEED TO ADD AN ADDITIONAL TWO MORE.

AND NOT THAT TWO WEEKS BREAKS ANYBODY'S BANK.

LIKE PLEASE LET ME BE CLEAR THAT I GET THAT.

BUT DO WE REALLY NEED TO CHANGE ALL OF THOSE CRITERIA AGAIN AND GO THROUGH THAT EFFORT IF WE'RE GOING TO BE ADDING STAFF, WHETHER IT'S OUTSOURCED OR NOT? TO. I MEAN, IF WE'RE ADDING STAFF BY OUTSOURCING IT, WHY DO WE NEED TO MAKE THE TIMEFRAME SHORTER? OR IS THERE GOING TO BE SOMETHING WRITTEN INTO THE DOCUMENT THAT SAYS REVIEWS WILL BE COMPLETED AND PROVIDED BY 30 DAYS? AND THE ONLY REASON I TRULY CARE IS BECAUSE WE HAVE TIME FRAMES THAT WE'VE GOT TO WORK AGAINST TOO.

SO IF I MAKE A SUBMITTAL ON THIS DATE, I NEED TO BE ABLE TO TELL OUR GUYS, HEY, WE SHOULD BE ON THIS NEXT AGENDA MEETING, AND THEN PLEASE KNOW THAT 100% OF THAT ONUS IS ON US TO MAKE SURE THAT YOU HAVE A COMPLETE PACKAGE.

IF I GIVE YOU FOUR OF THE TEN ITEMS, I'M NOT GOING TO ANYBODY'S PUBLIC HEARING AND I SHOULDN'T BE.

AND JUST AS MISS FRAZIER SAID, YOU KNOW, IF WE KEEP DOING THAT, BANGING OUR HEADS AGAINST THE WALL, WE SHOULD BE COMING DOWN AND SITTING IN AND HAVING A MEETING WITH STAFF AND FIGURING OUT WHY. SO I JUST WANT TO MAKE SURE I UNDERSTAND THE FULL INTENT AND NOT REALLY ONE WAY OR THE OTHER, BUT THAT WAY I CAN JUST REPORT IT BACK AND ADJUST OUR SCHEDULES AND TIMEFRAMES ACCORDINGLY FOR HOW WE'RE PLANNING FOR SUBMITTAL DATES AND DESIGN TIMEFRAMES AND THINGS LIKE THAT.

THANK YOU. THANK YOU.

I HAVE A QUESTION FOR STAFF.

WHEN IS THE PROPOSED RFP PROPOSED TO GO OUT? OH, THAT IS THAT IS ACTUALLY SOMETHING IN ADDITION TO WHAT I HAD STATED BEFORE.

THE RFP, THOUGH, WILL BE COMING OUT IN THE NEW YEAR, AND IT WILL BE CITYWIDE AND INCLUDING SO THAT ALL OF OUR DEPARTMENTS AND DIVISIONS CAN TAKE ADVANTAGE OF CONTINUING SERVICE CONTRACTS, BECAUSE I'M NOT GOING TO GET INTO PROCUREMENT, BUT IT JUST MAKES BETTER SENSE FOR THE FOR THE CITY.

OKAY. OKAY.

ANY FURTHER QUESTIONS FOR STAFF? IT. THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS AND BROUGHT BACK TO THE BOARD.

DO WE HAVE A MOTION OR DISCUSSION? MOTION TO APPROVE T 23 0008 WITH THE CONDITION THAT THE APPROVALS REQUIRED UNDER THE SECTION 166 .033 OF FLORIDA STATUTES NOT BE EXCEEDED.

DO I HAVE A SECOND? FORGIVE ME, BUT IS THAT REDUNDANT, SIR? I JUST WANT TO UNDERSTAND THE THE MOTION.

IF WE'RE IF WE'RE GOING TO FOLLOW THE FLORIDA STATUTE, WE'RE GOING TO FLORIDA TO FOLLOW THE FLORIDA STATUTE.

RIGHT. SO THE CONDITION IS THAT WE DON'T BREAK THE STATUTE.

EXACTLY. SEEMS REDUNDANT.

I JUST WANT TO MAKE SURE I'M NOT MISSING ANYTHING.

WE'D BE RE CODIFYING WITHIN OUR PALM BAY CODE THAT WE ARE GOING TO.

WE WOULD BE CODIFYING THAT.

WE'RE GOING TO FOLLOW THE FLORIDA STATUTE.

IF THIS AMENDMENT WERE TO GET PASSED BY COUNCIL, THAT'S WHAT WOULD HAPPEN.

SO TO ADD A CONDITION THAT WE FOLLOW THE STATUTE, THE WHOLE THE WHOLE PREMISE IS THAT WE FOLLOW THE STATUTE.

IT JUST EMPHASIZES THAT FACT.

DO WHAT YOU LIKE, BUT THAT'S IT.

THAT'S THE PURPOSE.

OKAY. BEFORE WE VOTE.

I JUST WANT TO MAKE A POINT.

I'M JUST WONDERING IF WE'RE GETTING A LITTLE BIT AHEAD OF OURSELVES, IF WE'RE GOING TO MAYBE ALLEVIATE SOME OF THIS WITH SOME OTHER, WITH SOME HELP FROM THIRD PARTIES THAT.

MAYBE IN ANOTHER COUPLE, ANOTHER FEW MONTHS.

IT MAY NOT BE AN ISSUE.

I DON'T KNOW. JUST THROW THAT OUT THERE FOR DISCUSSION.

YEAH, I APPRECIATE THAT, SIR.

I'VE BEEN THINKING THAT AS WELL.

KIND OF. SOMEWHERE I'M STUCK.

I DON'T KNOW WHEN THIS WAS CODIFIED INTO OUR CITY'S CODE OF ORDINANCES, BUT THE WAY THAT I'M READING THE SITUATION IS THERE WAS CLEARLY

[02:25:04]

SO I DON'T LIKE THAT OUR CODE IS LIKE THAT BECAUSE I DON'T LIKE GOVERNING FROM THE DAIS IN THAT FORM.

IT'S A IT'S AN OVERSTEP FROM OUR FORM OF LOCAL GOVERNMENT.

BUT I AM REALLY HESITANT TO WANT TO TO LIFT OFF RIGHT BEFORE A REQUEST FOR PROPOSAL BECAUSE TO THE POINT, WILL IT ONLY BE, HEY, ENGINEERING FIRM, YOU JUST GOT TO MEET WITH STATUTORY STATUTORILY NECESSARY? OR WOULD OUR PROPOSALS HAVE MORE ROBUSTNESS BEHIND THEM IF YOU SAID, HEY, NOT ONLY DO YOU HAVE TO DO FLORIDA STATUTE, BUT WE ACTUALLY HAVE A REALLY STRICT TIMELINE IN OUR CITY, WOULD THAT MAKE THEM MORE AGGRESSIVE AND MAKE THEM WORK WORK HARDER FOR PALM BAY WHEN THEY HAVE OUR BUSINESS? TO YOUR POINT? MR.. GOOD. SO I'M REALLY CONFLICTED IN THAT WAY TOO, SIR, BECAUSE I DON'T LIKE OUR CURRENT PROPOSAL.

I THINK REALLY WE SHOULD GO TO THE FLORIDA STATUTE, BUT IT'S REALLY TOUGH TO JUST OPENLY SAY WE'RE OKAY TAKING LONGER.

THAT'S JUST A TOUGH HUMP TO GET OVER.

I THINK I'M OVER IT, BUT I'M HESITANT AS WELL, SIR.

SO I REALLY APPRECIATE YOU SHARING, MADAM CHAIR.

BEFORE BEFORE THE MOTION GOES TO TO TO A VOTE, I NEED SOME CLARIFICATION ON THIS LEGAL CLARIFICATION BECAUSE THE CURRENT MOTION IS STATING TO APPROVE THE CURRENT REQUEST.

AND THIS IS ACTUALLY.

FOR LACK OF A BETTER TERM, THIS IS A LEGISLATIVE FUNCTION WHERE WE ARE AMENDING A PORTION OF THE CODE.

YET THE MOTION IS ASKING TO APPROVE THE AMENDMENT WITH A CONDITION.

IS THE INTENT THAT THE CONDITION BE THAT THE LANGUAGE THAT THE MOTION MAKER HAS ASKED, IS THAT TO BE ADDED AND CODIFIED TO THE CODE SO THAT THE WORDING WILL BE, I MEAN, IN ALL INTENTS AND PURPOSES, THE THE FINISHED PRODUCT? ACTUALLY, I ACCIDENTALLY MOVED ON TO THE NEXT ITEM.

BUT LET ME GET TO THE LANGUAGE.

IS THE INTENT THAT THE LANGUAGE STATE FOR 185 06263A1, AND I GO THREE LINES DOWN THAT THE CITY SHALL PROVIDE THIS NOTIFICATION IN ACCORDANCE WITH THE TIMELINE SET FORTH IN SECTION 160 603 FLORIDA STATUTES, AND THAT THE CITY SHALL NOT VIOLATE SECTION 166 033 FLORIDA STATUTES.

YOU SEE WHERE THAT'S THAT'S THE IMPLEMENTATION OF THE CONDITION.

UM, AND THEN WHAT YOU HAVE NOW, WE DO HAVE WE DO HAVE WHAT WAS STATED AS A REDUNDANCY AND ALSO IS THIS THEN BECOMES AN ISSUE WHEN IT COMES TO CERTAIN LEGAL.

INTERPRETATIONS THAT COULD OPEN UP A WHOLE CAN OF WORMS IN THE FUTURE, AS OPPOSED TO THE LANGUAGE.

THE STATUTORY LANGUAGE IS.

THIS STATUTE REQUIRES THAT LOCAL GOVERNMENTS TO FOLLOW IT AND OR BE SUBJECT TO PENALTIES.

SO IT'S ALREADY WRITTEN.

IT'S LIKE THAT'S LIKE STATING THE SPEED LIMIT SHALL BE 55 AND YOU SHALL AGREE NOT TO VIOLATE SPEED LIMIT AT 55.

IT'S. BUT THAT'S WHY I WANT TO WORRY, BECAUSE THE LANGUAGE OF THE MOTION WAS A CONDITION.

IT SOUNDS LIKE A CONDITION OF APPROVAL, BUT WE'RE NOT HERE APPROVING A PLAN IN WHICH WE CAN ADD CONDITIONS.

YOU'RE HERE TO RECOMMEND AN AMENDMENT TO THE CODE, TO THE CITY COUNCIL.

AND IF YOU DO WANT TO ADD SUCH A CONDITION, THEN IT HAS TO BE CLARIFIED THAT THAT CONDITION IS ACTUALLY ADDING TO THE LANGUAGE, TO THE VERBIAGE OF THE ORDINANCE ITSELF, SO THAT IT IS CLEAR SO THAT THE DRAFTER, WHEN IT ARRIVES AT CITY COUNCIL FOR APPROVAL, THIS THIS BODY HAS RECOMMENDED ADDITIONAL LANGUAGE BEYOND WHAT WAS PRESENTED TO IT BY STAFF.

I JUST NEED TO GET THAT CLARIFICATION BEFORE IT GOES TO VOTE.

THANK YOU. MR. WEINBERG, WOULD YOU LIKE TO LET ME ASK YOU A QUESTION, MISS FRAZIER? ARE THERE ANY PENALTIES BUILT INTO THE FLORIDA STATUTES TIMELINE? SORRY IF THEY WERE TO EXCEED THE TIMELINES IN THE FLORIDA STATUTE.

ARE THERE ANY RECOMMENDED PENALTIES FOR EXCEEDING THAT? NO, SIR. NO, I DIDN'T THINK SO.

MY MY CONCERN IS THIS WE'VE HAD YOU KNOW, THERE HAVE BEEN A LOT OF COMPLAINTS FROM DEVELOPERS ABOUT ABOUT GETTING APPROVALS ON TIME, ABOUT HOLDING UP PROJECTS TO THE POINT WHERE I HAPPEN TO KNOW THAT THERE THERE ARE DEVELOPERS WHO JUST ABSOLUTELY AVOID COMING TO THE CITY OF PALM BAY.

AND IF, AS I SAID, THERE APPARENTLY THERE ARE NO PENALTIES OBVIOUSLY BUILT INTO THE FLORIDA STATUTES.

IT'S JUST THIS IS WHAT THE FLORIDA STATUTE SAYS.

BUT HEY, IF YOU EXCEED THOSE, WELL, SO BE IT.

THAT'S WHY I ADDED THE CONDITION THAT WE DO NOT EXCEED THE TIMELINES IN THE FLORIDA STATUTES.

MADAM CHAIR, MAY I PRESENT SOMETHING TO YOU IF YOU READ THIS, THIS IS GIVING TIMELINES OF STAFF TO TURN THINGS AROUND IN TWO

[02:30:09]

GET IT TO THE VERY NEXT COUNCIL MEETING.

GET IT TO THE VERY NEXT MEETING AFTER THEY SUBMIT AN APPLICATION.

DO YOU ACTUALLY BELIEVE THAT THE DEVELOPMENT COMMUNITY SUBMITS TO US APPLICATIONS THAT MEET ALL OUR CODES AND DO NOT NEED TO BE REVIEWED, AND YET WE GIVE THEM 30 DAYS TO COME BACK AND ADDRESS THEIR DEFICIENCIES.

WE'RE GIVING THE DEVELOPMENT COMMUNITY 30 DAYS.

I'VE BEEN DOING THIS A LONG TIME.

DEVELOPMENT COMMUNITY CONTINUOUSLY COMPLAINS.

I'VE BEEN PRIVATE AND I'VE BEEN PUBLIC.

I'VE BEEN NONPROFIT.

THEY CONTINUOUSLY COMPLAIN THAT IT TAKES SO LONG FOR THEIR THEIR APPROVALS TO GET DONE.

AND YET IF YOU REALLY DO A CHRON OF THE WHOLE SYSTEM OF THE MINUTE, THEY SUBMIT AN APPLICATION AND THEY GET AN APPROVAL, IT IS THE DEVELOPMENT COMMUNITY THAT TAKES THE 4 OR 5 SIX MONTHS BEFORE THEY REPLY.

IT IS NOT NECESSARILY STAFF.

AND YET WE'RE SAYING TO STAFF.

HOW MANY THINGS ARE ON YOUR YOUR AGENDA? 17 TONIGHT.

OKAY, OBVIOUSLY IT'S TWICE AS MUCH BECAUSE WE DID NOT MEET IN NOVEMBER AND I RECOGNIZE THAT.

BUT TYPICALLY YOU HAVE ABOUT TEN ITEMS ON THAT AGENDA.

DO YOU BELIEVE THAT THOSE TEN ITEMS, HOW MUCH TIME DO YOU THINK THAT IT TAKES TO PREPARE FOR THOSE TEN ITEMS TO BE ADEQUATELY REVIEWED AND BROUGHT BEFORE THIS BOARD? THINK ABOUT IT.

AND YET WE ALLOW IN OUR CODE, THE DEVELOPMENT COMMUNITY TO HAVE 30 DAYS TO COME UP WITH AND REPLY TO THE COMMENTS AND CORRECT THEIR DEFICIENCIES. BUT YOU'RE NOT GOING TO ALLOW STAFF TO HAVE 30 DAYS TO REVIEW IT AND MAKE SURE THAT IT IS SUFFICIENT AND BROUGHT TO BE BROUGHT TO THIS, TO THIS BOARD OR TO THE CITY COUNCIL.

I'M TELLING YOU THAT THAT IS A THIS THESE STANDARDS THAT ARE SET IN THIS LAND DEVELOPMENT CODE ARE UNUSUAL.

THEY ARE NOT STANDARD IN A CODE TO PUT IN TIMELINES, ESPECIALLY ONEROUS TIMELINES LIKE THIS.

AND SO I'M ASKING FOR THE CONSIDERATION OF THIS PLANNING AND ZONING COMMISSION TO LISTEN TO THEIR STAFF AND THEIR STAFF NEED. AND THE RFP WE'RE TALKING ABOUT THAT'S COMING OUT IN JANUARY HAS NOTHING TO DO WITH MY DEPARTMENT.

THESE ARE FOR CONTINUING SERVICES.

CONTRACTS CITYWIDE HAS NOTHING TO DO WITH SERVICING THE DEVELOPMENT COMMUNITY IN MY IN MY DEPARTMENT, SO THAT ONE HAS NOTHING TO DO WITH THE OTHER, THAT I DIDN'T BRING IT UP.

SO I JUST WANT TO MAKE SURE THAT THIS IS CLARIFIED TO YOU ALL SO YOU CAN MAKE A CORRECT DECISION.

THANK YOU. THANK YOU, MR..

CHAIR, IF I CAN JUST GO ANSWER THE QUESTION.

THAT WAS ONE 60 I JUST REVIEWED ONE 60 633.

IT'S NOT A STATUTE OF WITH PUNITIVE MEASURES, WHEREAS IF YOU VIOLATE THIS, THEN YOU'RE SUBJECT TO THESE PENALTIES.

WHAT ONE 60 603 THREE DOES PROVIDE IS THERE IS A BACK AND FORTH BETWEEN THE DEVELOPER AND THE LOCAL GOVERNMENT.

WHEN COMMENTS ARE GOING BACK, HOWEVER, YOU'RE ONLY YOU'RE ONLY ALLOWED SO MANY REPEATED BITES OF THE APPLE.

UNTIL THEN, YOU REACH A POINT WHERE THE REMEDY IS NOT A PENALTY, BUT THE REMEDY IS IT'S DONE.

THE TIME IS UP. THE MATTER HAS TO BE PRESENTED FOR APPROVAL, FOR APPROVAL OR DENIAL.

SO THERE COULD BE THE YOU COULD HAVE INCOMPLETE APPLICATIONS.

YOU COULD HAVE APPLICATIONS AND REQUESTS WHERE THERE ARE A LOT OF OPEN ISSUES THAT ARE GOING TO HAVE TO BE HAMMERED OUT BY THE GOVERNING BODY.

BUT THAT'S WHAT THE REMEDY IS.

UNDER THE STATUTE, YOU HAVE X AMOUNT OF TIME.

ONCE THE CLOCK IS UP, THE DEVELOPERS, THE REMEDY IS ACTUALLY THE DEVELOPER PRESENT.

THE MATTER HAS TO GO TO THE CITY COUNCIL TO ACTUALLY, I'M SORRY, THE MATTER HAS TO GO TO THE LOCAL GOVERNING BODY FOR APPROVAL.

IT HAS TO PRECEDE THAT. SO THERE WILL BE REQUESTS THAT WILL COME TO THIS BOARD WITH STILL OPEN ISSUES, IN WHICH STAFF WILL SAY, WELL, WE NEEDED THIS, THIS, THIS.

THE DEVELOPER SAY, OH NO, NO, WE PROVIDED THAT AND IT'S NOW GOING TO COME DOWN TO THIS BOARD TO MAKE THE TO REVIEW IT AND MAKE THE RECOMMENDATION TO PRESENT IT UP TO THE CITY COUNCIL. SO THAT'S SO ADDING THAT ADDED LANGUAGE AT LEAST I WOULD ADVISE THAT THAT COULD POTENTIALLY OPEN THE DOOR TO CREATE CERTAIN CAUSES OF ACTION AGAINST THE CITY BY THE DEVELOPMENT COMMUNITY, WHICH WOULD NOT NECESSARILY WHICH WOULD NOT BE NECESSARY, BECAUSE THE STATE STATUTE ALREADY CLEARLY ENUMERATES THAT THERE'S CERTAIN TIMELINES.

AND ONCE THE TIMELINE YOU REACHED THE END, THERE IS ALREADY A REMEDY THAT'S PRESENT.

[02:35:01]

SO GOING FORWARD, DO WE? WHAT DO WE DO NOW? WELL, THE MOTION IS THE MOTION IS MADE.

SO AT THIS POINT, THE MOTION MAKER CAN AMEND THEIR AMEND THEIR MOTION, OR THE MOTION WILL PROCEED UP TO A VOTE.

AND YOU CAN YAY OR NAY WHETHER YOU TO ACCEPT THE CONDITION.

FIRST, I'D LIKE CLARIFICATION AS A CONDITION.

IF THE MOTION MAKER IS ACTUALLY ASKING FOR LANGUAGE TO BE ADDED SO THAT WE KNOW HOW TO IMPLEMENT THE CONDITION.

MR.. MA'AM. YEAH.

YOU KNOW, I THINK THAT WOULD SIMPLIFY THE THING.

I MEAN, THE SITUATION I THINK IF YOU KNOW ALL THE LANGUAGES WITH REFERENCING TIMELINES IN THE IN OUR CODE IS JUST DELETED SAYING WE HAVE TO MEET THE SECTION ONE 60 633 OF THE FLORIDA STATUTES.

WELL, LET'S PUT IN SECTION ONE 60 633 TIMELINES IN OUR IN OUR CODE.

IT WOULD CODIFY IT TO, TO TO COMPLY WITH THE FLORIDA STATUTES.

I DON'T SEE A PROBLEM WITH THAT.

OKAY. FOR FOR THAT'S THAT'S FINE.

THAT'LL BE YOUR DECISION TO MAKE.

JUST AS WHEN IT COMES TO LEGISLATIVE DRAFTING USUALLY THE I WOULD RECOMMEND THAT MOST, MOST OF THE TIMES WHEN A LOCAL ORDINANCE REFERS TO A STATE STATUTE OR A STATE REGULATION, THE ADDED CAVEAT IS THAT YOU REFER TO IT SO THAT YOU YOU MOVE FORWARD WITH WHAT THE LEGISLATURE HAS ADOPTED.

LEGISLATURE HAS A GREAT HABIT OF EVERY YEAR DECIDING TO CHANGE THEIR MIND AND KEEP CHANGING THINGS.

IF WE CODIFY THE CURRENT STATUTE AT ITS PRESENT MOMENT, THEN WE'RE LOCKED IN THE LEGISLATURE NEXT YEAR CAN DECIDE TO CHANGE IT.

USUALLY, IF YOU REFER TO THE STATUTE, YOU CAN ALWAYS ADD THE ADDED LANGUAGE OF, AS AMENDED FROM TIME TO TIME.

THEREFORE, WHEN THE STATE LEGISLATURE AMENDS IT, OUR CODE IS AUTOMATICALLY AMEND TALES.

BUT IF WE ADD WE IF WE ENUMERATE, THESE ARE GOING TO BE THE LIMITS AND THE STATUTE.

THE STATE THEN AMENDS IT.

AND THEN WE BECOME INCONSISTENT WHERE WE HAVE AN INCONSISTENCY WITH WHAT THE STATE HAS REQUIRED.

ONE, I DON'T WANT TO RUN INTO PREEMPTION PROBLEMS, BECAUSE THEN THE PENALTY FOR VIOLATING PREEMPTION IS MUCH MORE SEVERE.

SO IT'S IT'S EASIER TO IT'S A REFERENCE THE TIMELINE WE WILL FOLLOW THE TIMELINES PROVIDED BY THE STATE.

UNFORTUNATELY, AS PRACTICALLY IT REQUIRES SOMEONE WHO MAY BE A LAYPERSON, THE DEVELOPMENT COMMUNITY KNOWS STATE REQUIREMENTS.

THEY SEE THAT. THEY KNOW WE'RE GOING TO FOLLOW IT.

IF IT'S SOMEONE IN THE LAY COMMUNITY, THEN THEY'RE GOING TO HAVE TO TAKE THE EXTRA STEP TO GO TO FLORIDA STATUTES AND THEN DETERMINE WHAT THE TIME TIMEFRAMES ARE THERE.

BUT AT THE END OF THE DAY, IT'S IT'S YOUR DECISION.

I'M ONLY ADVISING JUST THE PRACTICALITIES OF IMPLEMENTING THAT DECISION GOING FORWARD TO CITY COUNCIL.

MR. WEINBERG, WOULD YOU LIKE TO CHANGE YOUR MOTION? LOOK, YOU KNOW, IT DEPENDS ON WHATEVER THE BOARD WANTS TO DO.

IT'S, YOU KNOW, LIKE I SAID, IT'S I THINK IT'S JUST TOO VAGUE, FRANKLY.

IT'S JUST WE'RE ELIMINATING ALL THE ALL THE VERBIAGE IN THE, IN OUR, IN OUR CODE WITH ALL THE TIMELINES.

I'M JUST SAYING, YEAH, WE'LL FOLLOW THE STATUTE, BUT THERE'S REALLY NO PENALTY PER SE IN THE FLORIDA STATUTE.

SO, YOU KNOW, I'LL WITHDRAW MY, MY, MY MOTION AND LET THE BOARD DO WHAT THEY WILL.

MADAM CHAIR, WHAT WHAT ARE THE CONSEQUENCES OF VIOLATING THE 45 DAYS TODAY? WHAT ARE THE WHAT'S THE RECOURSE? WHAT'S THE POSSIBLE RAMIFICATIONS? DOES THAT GIVE A DEVELOPER RECOURSE TO USE OUR OWN CODE AND ORDINANCES AGAINST US IN A COURT, AND TRY AND SEEK SOME SORT OF ACTIONS OR COMPENSATIONS? IN THEORY, THE THE REQUIREMENTS OF 160 603 WOULD ACTUALLY GOVERN.

SO AT THIS POINT, NOW WHAT YOU'VE GOT THE STATE, THE LEGISLATURE HAS STEPPED IN TO THE REALM OF WHAT THE LOCAL GOVERNMENTS ARE TO DO.

SO IT'S SO YOU'RE GOING TO DEFER BACK TO ONE 6633.

SO DOES IT RENDER OUR ORDINANCE MOOT? I THINK IF THE STATE HAS STEPPED IN AND CAN CONFIRM THIS, BUT IF THE STATE HAS STEPPED INTO THIS MATTER AND NOW IS DETERMINED, THIS IS WHAT THE LEGISLATURE.

THE LEGISLATURE DEEMS WHAT LOCAL GOVERNMENTS CAN DO, THEN OUR OUR TIMEFRAMES, IF THEY GO BEYOND THE SCOPES THAT THE STATE PROVIDES, THEN THAT INCONSISTENCY THE STATE LAW WILL GOVERN.

NOW, WOULD WOULD A WOULD SOMEONE BE ABLE TO SEEK RECOURSE AGAINST THE CITY FOR VIOLATING THE CITY'S OWN CODE OF ORDINANCES? THE RECOURSES WE HIT THAT WE HIT ZERO OUR AND THE STATUTE STATES IT'S GOT TO GO TO IT'S GOT TO GO TO THE GOVERNING BODY.

WHAT ABOUT OUR ORDINANCE TODAY THAT SAYS THAT WE HAVE TO BE START TO FINISH IN THIS 45 DAYS? WHAT HAPPENS WHEN IT DOESN'T HAPPEN IF IT STARTS TO FINISH AT 45, IF IF WE ARE PROVIDING A TIME FRAME THAT'S LESS THAN THE STATE REQUIRES, THEN THEN WE CAN BE CONSISTENT. USUALLY LOCAL GOVERNMENTS CANNOT MAKE LEGAL WHAT THE STATE HAS DEEMED ILLEGAL.

RIGHT. BUT LOCAL GOVERNMENTS CAN BE MORE STRINGENT THAN THE STATE.

BUT AGAIN, IF WE ARE PROVIDING GUIDELINES, THESE ARE NOT PUNITIVE MEASURES.

AND THAT'S WHY THAT'S WHY USUALLY, I MEAN, I'VE BEEN IN OTHER JURISDICTIONS WHERE NO WE DO THOSE TIMELINES ARE NOT PLACED.

[02:40:05]

IT DOESN'T PROVIDE FOR FLEXIBILITY FOR LOCAL GOVERNMENTS.

IF THERE ARE SITUATIONS THAT WARRANT EXTENDED TIME FOR MUCH MORE COMPLEX MATTERS.

THE STATE HAS NOW STEPPED INTO THAT, INTO THAT ARENA, HAS SET TIMELINES, HAS PROVIDED FOR TIMES FOR THE LOCAL GOVERNMENTS, CAN GO BACK AND ASK FOR MORE INFORMATION, BUT YOU ONLY GET THREE BITES OF THE APPLE UNDER ONE 60 633.

IT AIMS TO I THINK IT'S ONE CONCESSION TO THE DEVELOPMENT COMMUNITY, BECAUSE LOCAL GOVERNMENTS CAN DELAY IT BY CONSTANTLY GOING BACK AND ASKING FOR MORE INFORMATION, OR CREATING NEW ISSUES TO DRAG OUT AN APPLICATION.

IF IT'S A CONTROVERSIAL MATTER OR SOMETHING, YOU KNOW, YOU CAN ALMOST SEE, LIKE, YOU KNOW, TRYING TO TO KILL THE CLOCK SO YOU GET ANOTHER ELECTION WHERE YOU KNOW, YOU'RE GOING TO GET SOMEONE'S GOING TO VOTE THE MATTER DOWN.

WHAT THIS IS NOW, WHAT THE STATE HAS, HAS SAID IS YOU GET THREE BITES OF THE APPLE TO TO GO IN YOUR BACK AND FORTH.

THE TWO PARTIES CAN MUTUALLY AGREE TO EXTEND THE TIMES IF THERE IS A VALID.

BUT ONCE YOU REACH THE END, IF THE DEVELOPER SAYS THAT'S IT, I'VE GIVEN YOU EVERYTHING YOU'VE GOT, IT'S TIME TO GO.

AND NOW THE MATTER IS PROCEEDS FORWARD.

I MEAN, THAT'S THAT'S REALLY THE REMEDIES FOR THE DEVELOPER AT THE END OF THE DAY IS IF THEY BELIEVE THAT THE CITY IS STALLING OR CERTAIN TIMES ARE JUST BEING ABUSED, THE REMEDY IS NO, IT'S GOING FORWARD TO PLANNING AND ZONING OR TO THE LOCAL PLANNING AGENCY, AND IT'S GOING TO GO TO CITY COUNCIL.

WHETHER STAFF BELIEVES THE MATTER IS COMPLETE OR NOT, IT'S MOVING FORWARD.

THAT'S THE REMEDY. AND THAT'S A PRETTY IT'S A PRETTY STARK REMEDY THAT AT THAT POINT.

NOW IT'S THE DEVELOPER.

THE DEVELOPING DEVELOPMENT COMMUNITY KNOWS THERE IS AN END LINE AND AND THEY'RE REALLY IN CONTROL OF IT.

THERE'S CERTAIN WIGGLE ROOM.

THEN WHEN YOU REACH THAT END, THEY DEEM IT, WE'RE GOING FORWARD AND IT'S TIME TO GO FORWARD.

AND THEN IT'S UP TO THE GOVERNING BODY TO APPROVE, DENY OR APPROVE WITH CONDITIONS AS IF IF AN APPLICATION IS COMPLETED TO BE PRESENTED. SO THE REMEDIES ARE THERE.

I DON'T WANT THIS BODY TO THINK OF THE ORDINANCE OR THE STATUTE IN TERMS OF SOME TYPE OF PUNITIVE MEASURE.

THESE ARE THESE ARE GUIDELINES TO FOLLOW.

IT GIVES EVERYBODY KIND OF THE REALM, THE LAY OF THE LAND.

BUT THERE IS A FINISH LINE AND THAT YOU HAVE TO REACH THAT FINISH LINE AT ONE POINT.

IT DOESN'T DRAG ON INDEFINITELY.

THERE'S A FINISH LINE.

AND THAT'S WHAT THE LEGISLATURE CHANGED WHEN THEY STEPPED INTO THIS.

AND LET'S SAY THIS WAS I WAS WORKING AT THE I WAS WORKING AT VOLUSIA COUNTY WHEN THIS HAPPENED.

SO THIS IS 2019 I THINK IS WHEN THIS WAS.

SO THIS IS A FAIRLY RECENT CREATION OF THE LEGISLATURE WHEN THEY STEPPED IN AND SET UP THE TIMELINES.

AND THEY DIDN'T JUST DO IT FOR CITIES, THEY DID IT TO COUNTIES AS WELL.

COUNTIES AND CITIES ARE BOUND BY THE SAME REQUIREMENTS TO STREAMLINE THE MATTER, WHERE THEY'RE NOT ALLOWED TO KEEP GOING BACK AND FORTH, BACK AND FORTH AND STRINGING ON DEVELOPERS. YOU'VE GOT A CERTAIN AMOUNT OF TIME TO GET THIS THING DONE, AND IF YOU CAN'T COME TO AN AGREEMENT, THEN THEY'RE GOING TO LET THE GOVERNING BODY MAKE THAT, MAKE THAT AGREEMENT AND NOT HAVE IT BE NOT NOT HAVE STAFF KIND OF DELAY THE MATTER.

OKAY. WELL, I APPRECIATE THAT THAT LEVEL OF UNDERSTANDING AND EXPERTISE, SAID MADAM CHAIR AND MY FELLOW BOARD MEMBERS.

I'M RESOLUTE ON THE FACT THAT I THINK THAT OUR CURRENT ORDINANCE IS AN ATTEMPT TO ADMINISTRATIVELY ACT UPON THE STAFF FROM THE DAIS, WHICH IS INAPPROPRIATE FOR OUR FORM OF GOVERNMENT.

THE COUNCIL IS ELECTED BY THE PEOPLE.

THE CITY MANAGER IS CHOSEN BY THE COUNCIL.

THE CITY MANAGER RUNS THE CITY.

SO IF THE DEPARTMENT NEEDS TO DO BETTER THAN THE FLORIDA STATUTE BY THE CITY MANAGER'S TERMS, BECAUSE THE COUNCIL, YOU KNOW, INFLUENCES THAT, THEN THAT HAS TO GET PASSED THROUGH ORGANICALLY.

SO I AM GOING TO GO AHEAD, MADAM CHAIR, AND MAKE A MOTION TO RECOMMEND FOR APPROVAL OF THIS TEXTUAL AMENDMENT.

T 20 3-0028 BASED ON THOSE MERITS THAT I FIND IN IT.

AND I'D TAKE A SECOND ON THAT, OF COURSE.

I HAVE A MOTION. DO I HAVE A SECOND? SECOND. HAVE A MOTION, A SECOND.

ALL IN FAVOR? AYE, AYE. ANY OPPOSED? WE HAVE FIVE.

TWO. ONE.

MOTION CARRIES.

NEXT CASE T 23 00029.

MISS FRAZIER. MADAM CHAIR, SO THIS IS ANOTHER TEXTUAL AMENDMENT BEING RECOMMENDED BY STAFF.

THIS IS IN REGARDS TO SUBDIVISIONS.

PRELIMINARY PLATS.

CHAPTER 184.

SO THE GROWTH MANAGEMENT DEPARTMENT IS REQUESTING TO ALIGN TIMELINES REFERENCED IN THE LAND DEVELOPMENT CODE RELATED TO PRELIMINARY PLAT AND FINAL PLAT APPLICATIONS, WITH THE

[02:45:07]

THE CURRENT TIMELINE FOR ROUTING, REVIEWING AND PROVIDING ALL STAFF COMMENTS, PREPARING A STAFF REPORT AND SCHEDULING PRELIMINARY PLAT AND FINAL PLAT APPLICATIONS FOR PLANNING AND ZONING BOARD IS APPROXIMATELY 45 DAYS.

AND I'M GOING TO EXPLAIN THAT BECAUSE I'M NOT SURE THAT THAT'S VERY CLEAR.

WE STATE THAT THEY HAVE TO HAVE THESE AS AS ANA STATED WITH BSE.

WE STATE THAT YOU NEED TO HAVE YOUR APPLICATIONS IN BY THE 15TH OF THE MONTH.

NOW, IN ORDER TO MAKE THE VERY NEXT MONTH'S PLANNING AND ZONING BOARD.

SO IF YOU ARE IN THE 15TH OF DECEMBER, YOU'RE GOING TO MAKE FEBRUARY'S.

PLANNING AND ZONING COMMISSION.

THAT'S 45 DAYS FOR A PRELIMINARY OR A FINAL PLAT.

FOR A PUD.

THESE ARE LARGE PROJECTS, MAINLY SEVERAL HUNDRED ACRES.

WE HAVE LAND DEVELOPMENT CODES THAT HAVE TO BE MET.

WE HAVE PERMITS THAT NEED TO BE LOOKED AT.

OUTSIDE AGENCIES NEED TO DO THESE REVIEWS.

THAT'S THAT'S TOO SHORT OF A TIME FRAME.

AND THEN YOU HAVE TO HAVE THAT ALL DONE AND ALL THE STAFF REPORTS AND EVERYTHING AND ALL THE NOTICES OUT 15 DAYS BEFORE THE MEETING ITSELF.

SO NOW YOU'RE DOWN TO 30 DAYS TO GET EVERYTHING BACK AND FORTH WITH WITH THE APPLICANT.

IT'S UNTENABLE.

IN, IT'S INAPPROPRIATE.

SO THIS TIMELINE IS EXCEPTIONALLY CHALLENGING GIVEN THE QUANTITY OF DEVELOPMENT PERMIT APPLICATIONS RECEIVED BY THE DEPARTMENT.

DEPARTMENT STAFF CAPACITY IN THE CURRENT MARKET CONDITIONS.

SO STAFF RECOMMENDS THAT CASE T 20 3-00029 IS APPROVED RECOMMENDED FOR APPROVAL.

AND IF YOU LOOK AT THE 184.07, WHAT IS BEING CHANGED IS SO FOR PUBLIC MEETINGS, IT STATES CURRENTLY IT STATES THE PRELIMINARY PLAN APPLICATION SHALL BE HEARD BY THE PLANNING AND ZONING BOARD AT ITS REGULAR MEETING IN THE MONTH FOLLOWING THE SUBMITTAL DEADLINE DATE.

NOW IT'S BEING CHANGED TO READ.

ONCE THE APPLICATION IS DETERMINED TO BE SUFFICIENTLY COMPLETE AND MEETS ALL THE REGULATIONS REQUIRED BY THE CITY.

IT WILL BE HEARD AT THE NEXT AVAILABLE REGULAR MEETING.

SO ALL WE ARE STATING IS THAT WE NEED ENOUGH TIME AND ADEQUATE TIME AND REALISTIC TIME TO DO A THOROUGH REVIEW OF THESE LARGE SUBDIVISIONS.

PLATS. PODS.

SO THAT IS OUR REQUEST AND I'M HERE TO ANSWER ANY FURTHER QUESTIONS.

THE BOARD HAVE ANY QUESTIONS FOR STAFF? JUST ONE. HOWEVER, WITH THAT, THAT STILL GIVES THE DEVELOPER THE OPPORTUNITY, IF THEY NEEDED TO, TO WITHDRAW THE TWO TO WITHDRAW THE THEIR PROJECT IF THEY NEEDED TO.

OH, ABSOLUTELY. THIS THIS HAS NO EFFECT ON THAT.

THE APPLICANT CAN GO FORWARD OR WITHDRAW.

YOU KNOW THIS JUST GIVES STAFF MORE, GIVES STAFF BASICALLY THE SAME AMOUNT OF RESPECT AS FAR AS PROVIDING A A COMPLETE AND ACCURATE SITE PLAN OR DEVELOPMENT PLAN AS THE APPLICANT ITSELF.

I MEAN, RIGHT NOW WE'RE GIVING THE APPLICANT 30 DAYS TO RESPOND AND, AND PULL TOGETHER ALL OF THE COMMENTS AND, AND PROVIDE YOU ALL WITH, YOU KNOW, A DEVELOPMENT PLAN. BUT WE'RE NOT ALLOWING STAFF TO THAT SAME TYPE OF RESPECT TO BE ABLE TO REVIEW IT AND MAKE SURE IT'S MEETING ALL OF THE CODES AND ALL OF THE PERMITS THAT ARE BENEFICIAL TO THE COMMUNITY.

SO THAT'S REALLY ALL THAT THIS IS DOING, IS ALLOWING BOTH PARTIES TO BE ABLE TO WORK TOGETHER IN BRINGING TOGETHER A BETTER PLAN FOR THE CITY IN MUCH RESPECT TO THAT, BECAUSE I REMEMBER I REMEMBER A TIME THAT WHEN WE HAD ASKED STAFF TO GIVE US TO GIVE US A LITTLE BIT MORE OF AN IN-DEPTH REVIEW OF SOME OF THE SOME OF THE PROJECTS THAT WERE COMING THROUGH SO THAT WE CAN MAKE A BETTER DECISION ON SOME OF THEM.

SO IN IN MUCH OF THIS, I CAN RESPECT WHAT YOU'RE TRYING TO DO AND WHERE YOU'RE GOING.

SO. TRY NOT TO GET UPSET.

WE'RE TRYING TO WORK WITH YOU.

I APPRECIATE THAT I DO IT'S JUST BEEN IT'S BEEN FRUSTRATING AS I LOSE STAFF BECAUSE WE'RE ALMOST LIKE MICE ON A WHEEL AND, YOU KNOW, THROW IT OUT,

[02:50:09]

WE GOT TO HURRY UP. HEY, I SUBMITTED IT A MONTH AGO.

WHY ISN'T IT GOING TO THE NEXT PLANNING AND ZONING? WELL, IT'S NOT MEETING ANY OF THE CRITERIA, SO HOW CAN I SUBMIT IT NOW? HOW CAN I BRING IT TO YOU ALL? IT'S UNFAIR TO THE COMMUNITY.

IT'S UNFAIR TO THE DEVELOPMENT COMMUNITY.

IT'S UNFAIR TO STAFF.

SO THAT'S WHY WE'RE ASKING FOR THIS CHANGE.

AND I, I AGAIN, THIS IS NOT BECAUSE WE DON'T WANT TO DO OUR JOB IN A TIMELY MANNER BECAUSE I HAVE GREAT STAFF, THEY'RE STILL HERE AND THEY DON'T HAVE TO BE.

AND THEY WORK REALLY HARD.

AND I'M DOWN TO TWO AND A HALF PLANNERS NOW, BUT WE HAVE OTHER STAFF THAT WORKS JUST SO DILIGENTLY AND HARD FOR THIS COMMUNITY AND HAS FOR 25 YEARS, AND THEY DESERVE THAT TYPE OF RESPECT.

AND THAT'S THAT'S ALL I'M ASKING.

MR. OLSZEWSKI. THANK YOU VERY MUCH, MADAM CHAIR.

MADAM, THANK YOU FOR ALL THE INFORMATION THAT YOU'RE SHARING AND THE WORK THAT YOU'RE DOING TO INVEST YOURSELF INTO OUR CITY.

I REALLY DO APPRECIATE YOU AND YOUR EFFORTS.

THANK YOU. AND FOR BEING HERE WITH US TONIGHT.

IT'S THE LAST ONE, SO I WON'T WEAR IT TOO THIN.

DIRECTLY SPEAKING TO YOU, MA'AM, DOES THIS EMPOWER YOU AS A LEADER TO ESTABLISH A STANDARD OF EXCELLENCE WITHIN THE STAFF? REPORTS THAT THIS BOARD AND SUBSEQUENTLY THE COUNCIL WILL GET THAT WE WILL NOT HAVE ISSUES MISSED, ADVERTISED OR WRONGLY WRITTEN THAT IT'S EAST INSTEAD OF WEST.

TYPOGRAPHICAL ERRORS, SCRIBNER'S ERRORS.

TO BE LEGAL, WILL YOU BE ABLE TO ESTABLISH THE STANDARD OF EXCELLENCE THAT THAT WE ALL WANT TO HOLD IF THESE THINGS GO YOUR WAY, FOR LACK OF A BETTER WAY OF SAYING IT? YES, BUT I'M NOT MAKING ANY 100% PROMISES.

WE'RE ALL HUMAN. THAT BRINGS ME TO MY FOLLOW UP QUESTION.

CAN WE ESTABLISH THIS FACT THE SIZE OF YOUR DEPARTMENT WHEN IT'S FULL? HOW MANY HEADS ARE YOU SUPPOSED TO BE AND HOW MANY HEADS ARE YOU TODAY? WE HAVE CURRENTLY? OH MY GOODNESS, 12345 OPENINGS.

AND WE SO WE ARE DOWN TO EIGHT I THINK EIGHT STAFF RIGHT NOW.

SO YOU WOULD BE AT ROUGHLY 13.

YOUR DEPARTMENT'S AT 13.

HOLD ON. LET ME DO THE COUNT AT CONSTANTLY 246 WITH ME.

SEVEN, EIGHT, NINE, TEN.

WE HAVE TEN AND WE HAVE FIVE OPENINGS.

AND THAT'S REALLY NOT EVEN ADEQUATE FOR THE AMOUNT OF VOLUME THAT COMES INTO OUR OFFICE.

AND, AND I DON'T KNOW IF YOU'VE EVER EVEN SEEN OUR REPORTS OF WHAT WE DO, BUT LET ME JUST GIVE YOU SOME DATA, OKAY? SO YOU ALL UNDERSTAND THAT WE ARE WORKING HARD AND WE AREN'T DOING THIS JUST TO TO HAVE A DAY OFF.

IN THE MONTH OF, LET ME JUST SAY, YEAR TO DATE WE HAVE DONE 20 COMP PLAN AMENDMENTS, 24 REZONINGS, FIVE VARIANCES, 26 TEXT AMENDMENTS, 40 SUBDIVISIONS OF ALL TYPES, 15 CONDITIONAL USES, ONE COMMUNITY DEVELOPMENT DISTRICT, AND FIVE VOLUNTARY ANNEXATIONS.

OF COURSE, WE HAVE ALL OUR ADMINISTRATIVE REVIEWS WHICH ARE REVISED PLAN SUBMITTALS.

THIS WILL REDUCE THAT 91 TO DATE OUR TAPS 44 TO DATE SITE PLAN APPROVALS 38.

YOU DON'T EVEN SEE THOSE.

THOSE ARE JUST IN-HOUSE.

I COULD GO ON AND ON.

FENCES 6309.

ACCESSORY STRUCTURES 39.

I DON'T KNOW WHERE.

OH BUILDING PERMIT REVIEWS 4089.

THIS IS MY STAFF, AND I'M NOT EVEN READING ALL OF ALL OF THE PRE-APPLICATION MEETINGS.

62 THIS IS YEAR TO DATE, WHICH ONLY CAME ACTUALLY THROUGH THIS.

THIS RECORD IS ONLY NOT EVEN THROUGH OCTOBER.

IT'S MISSING THE TOP ONES FOR OCTOBER.

THIS IS ACTUALLY ONLY THROUGH SEPTEMBER 20TH 3RD JANUARY, SO THAT'S NINE MONTHS.

THAT'S HOW MUCH VOLUME WE PRODUCE.

AND SO I'M JUST ASKING YOU TO BE RESPECTFUL OF OUR TIME AND WHAT WE'RE TRYING TO PROVIDE TO YOU, BECAUSE WE WORK FOR YOU AND WE WANT TO PROVIDE YOU WITH THE THE BEST PROFESSIONAL INFORMATION.

WILL WE STILL SLIP, SLIP UP? I'M SURE WE WILL.

BUT THIS GIVES US A LOT BETTER GRASP ON WHAT'S GOING ON AND WE CAN HAVE BETTER REVIEW TIME.

UNDERSTOOD. WELL, THANK YOU VERY MUCH.

AND JUST FOR CLARIFICATION, IF YOU HAD FIVE QUALIFIED CANDIDATES WALK IN YOUR DOOR TOMORROW, YOU'D BE ABLE TO HIRE THEM INTO THE DEPARTMENT.

THOSE FIVE PEOPLE WOULD BE TOUCHING THESE PLANS AND WORKING TOWARDS THAT TIMELINE.

AND THEN MAYBE ONE DAY WE'LL HAVE A CONVERSATION ABOUT HOW YOU NEED MORE HEADS TO TWO VACANCIES TO FILL TO PROCESS THIS.

[02:55:02]

MADAM CHAIR, I'M NOT GOING TO SPEAK OUT OF TURN, SO I'LL WAIT FOR YOU TO CALL FOR SUCH.

BEFORE I SAY ANYTHING FURTHER.

DOES ANYONE ELSE HAVE ANY FURTHER COMMENTS OR QUESTIONS? DOES ANYONE IN THE AUDIENCE WISH TO SPEAK ON THIS ISSUE? SEEING THAT IT'S BROUGHT BACK TO THE BOARD FOR A MOTION.

MADAM CHAIR, I'D LIKE TO MAKE A MOTION TO RECOMMEND FOR APPROVAL.

AGAIN, BASED ON THE MERITS I MENTIONED ON THE LAST CASE OF FOLLOWING FLORIDA STATUTE AND ALLOWING OUR DEPARTMENTS AND OUR CITY ADMINISTRATIVELY TO RUN IN THE FORM OF GOVERNMENT THAT IT'S INTENDED TO RUN.

I'D LIKE TO MAKE THE MOTION TO RECOMMEND FOR APPROVAL THIS TEXT AMENDMENT TO 20 3-000 29.

SECOND. I'M SORRY.

SECOND. OH, YEAH, THAT WAS ME.

DID I HAVE A SECOND? YEAH, THAT WAS ME.

OH, OKAY. I DIDN'T HEAR WAS.

I'M SORRY. SECOND. SECOND BY MR. WARNER. OKAY. NO. MR. WARNER. SECOND.

WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR? AYE, AYE. ANY OPPOSED? THANK YOU. THE CARRIES UNANIMOUSLY.

ANY FURTHER? THE SPREADSHEET. EVERYTHING ELSE FOR THE BOARD? NO THANK YOU.

I GET A LITTLE ENGAGED IN MY REQUEST BECAUSE WE HAVE BEEN WORKING SO HARD IN REALLY IDENTIFYING OUR PROCESS AND TRYING TO BECOME MORE EFFICIENT AND, AND, YOU KNOW, AND STREAMLINE THIS NOT JUST FOR OUR BENEFIT, FOR THE DEVELOPMENT COMMUNITY BECAUSE WE HEAR THEIR COMPLAINTS, TOO.

AND SO WE'RE TRYING TO WORK TOGETHER ON THIS.

AND I APPRECIATE ALL OF YOU LISTENING TO MY EXPLANATION.

THANK YOU, THANK YOU, THANK YOU, AND THANK YOU TO THE STAFF.

MADAM CHAIR, BEFORE WE DISMISS VERY QUICKLY, I WOULD JUST LIKE TO PAY COMPLIMENTS AND THANKS AND GRATITUDE TO YOU, YOURSELF AND YOUR FELLOW COPS THAT ENABLE ALL THESE WONDERFUL EVENTS WITHIN OUR COMMUNITY.

WE JUST RECENTLY HAD THE PARADE.

I DON'T KNOW IF YOU WERE OUT THERE, BUT I'M SURE YOU HAD THE DETAIL.

I DIDN'T SEE YOU, BUT ALL THE OTHER EVENTS I JUST WANT TO SAY IN EVERY PUBLIC FORUM I CAN HOW MUCH I APPRECIATE YOU AND ALL YOUR ASSOCIATES THAT DO THAT FOR US AND EMPOWER US TO DO THAT. SO THANK YOU, MA'AM. THANK YOU FOR YOUR SERVICE.

NOT TONIGHT, BUT ALL THE OTHER TIMES TOO.

THANK YOU. OKAY. AND I'D LIKE TO THANK THE BOARD FOR YOUR PARTICIPATION THIS YEAR.

HAVE A WONDERFUL NEW YEAR AND WE'LL SEE YOU NEXT YEAR.

AND THE MEETING'S ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.