[CALL TO ORDER]
[00:00:06]
THE MARCH 6TH, 2024 PLANNING AND ZONING BOARD MEETING IS CALLED TO ORDER.MR. OLSZEWSKI, WOULD YOU LEAD US IN THE PLEDGE OF ALLEGIANCE, PLEASE? EVERYBODY, PLEASE RISE AND FACE THE FLAG.
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
SHONDA, WOULD YOU CALL THE ROLL, PLEASE? YES. MR. BOEREMA.
PRESENT. MR. WARNER HAS ASKED TO BE EXCUSED.
THE SCHOOL BOARD LIAISON POSITION IS VACANT.
AND CHIEF DEPUTY CITY ATTORNEY MICHAEL RODRIGUEZ IS PRESENT.
WE DO HAVE A QUORUM. THANK YOU.
[ANNOUNCEMENTS]
FRAZIER, WOULD YOU LIKE TO HAVE THE FLOOR NOW? THANK YOU, MADAM CHAIR, I WOULD I HAVE THE PLEASURE OF INTRODUCING THIS EVENING OUR ASSISTANT GROWTH MANAGEMENT DIRECTOR, ALTHEA JEFFERSON.WE ARE VERY, VERY PLEASED TO HAVE HER ON BOARD AND THE BOARD.
ALTHEA DOESN'T MIND MAYBE SAYING A FEW WORDS.
AS LISA SAID, I'M ALTHEA JEFFERSON.
I'M PLEASED TO JOIN HER TEAM AND THE CITY'S TEAM.
THIS IS AN EXCITING TIME WITH THE UPDATED COMP PLAN AND WORKING ON YOUR CODE.
I BRING MUCH EXPERIENCE IN BOTH AREAS.
I'M A FLORIDA NATIVE AND A SEMINOLE.
I LOOK FORWARD TO GETTING TO KNOW ALL OF YOU MUCH BETTER.
EXCUSE ME, I HAVE A QUESTION FOR YOU.
WHERE DID YOU COME FROM? WELL, I'VE BEEN AROUND.
MY LAST JOB WAS AT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT.
PRIOR TO THAT, I SERVED AS THE DIRECTOR IN VILLAGE OF INDIANTOWN AND WITH THE PRIVATE CONSULTING FIRM BEFORE THAT, CITY OF HALLANDALE BEACH FOR ABOUT FIVE YEARS, AND I SPENT 18 YEARS WITH ORANGE COUNTY GOVERNMENT.
THE NEXT ORDER OF BUSINESS IS THE ELECTION OF THE PLANNING AND ZONING BOARD.
DO I HAVE A MOTION? DO I HAVE A NOMINATION ON THE FLOOR? YES. I'D LIKE TO MAKE A MOTION TO HAVE RANDALL OLSZEWSKI AS CHAIRMAN.
ANY OTHER APPLICANTS? I'LL SECOND THAT MOTION.
MOTION AND A SECOND. ALL IN FAVOR? AYE, AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.
WOULD YOU LIKE TO TAKE ORDER? AND DO YOU HAVE TO APPOINT A VICE CHAIR? SWITCH. YEAH. ACTUALLY, WE GO DOWN THIS WAY WHEN WE.
EXACTLY. THAT'S HOW I GOT THAT SEAT.
OKAY, WE'LL JUMP INTO THAT BUSINESS, BUT I AM REMISS IF I DON'T.
THANK YOU TO MY FELLOW BOARD MEMBERS FOR YOUR VOTES OF CONFIDENCE.
THAT BEING SAID, WE DO HAVE THE DUTY TO ELECT A VICE CHAIRPERSON WHICH TRADITIONALLY WILL SUCCEED THE CHAIRPERSON AT THE TWO YEAR INTERVAL WHEN MY TERM AS CHAIR BECOMES UP. SO IS THERE ANY MOTIONS OR NOMINATIONS FOR VICE CHAIR OF THIS BOARD? I NOMINATE MISTER GOOD.
OKAY, SO WE HAD A NOMINATION BY MRS JORDAN, AND IT WAS SECONDED BY MR. MCLEOD TO APPOINT MR. GOOD AS OUR VICE CHAIRPERSON.
MR. GOOD. YOU ARE OUR NEW VICE CHAIRPERSON, SIR.
OKAY, PETE? YES, MA'AM. NOW WE'RE ANNOUNCEMENTS, OKAY? YES, MA'AM. THANK YOU, MR. GILL. AWESOME.
HERE'S OUR FIRST OFFICIAL DOCUMENT.
[00:05:02]
SO YOU HAVE THE ANNOUNCEMENT THAT WE'LL DO.OKAY. SO AT THIS TIME WE'LL BEGIN WITH OUR NORMAL NORMAL PROCEDURES.
SO WE'LL START WITH OUR ANNOUNCEMENTS.
AND THAT IS FOR THE BENEFIT OF THE APPLICANTS IN THE AUDIENCE.
THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS.
THE LAND. DEVELOPMENT STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE.
BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF.
THE FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENTS.
SPEAK DIRECTLY INTO THE MICROPHONE STATING YOUR NAME, ADDRESS AND YOUR COMMENTS.
FOR THE RECORD, AS A COURTESY, WE ASK THAT IF THERE IS A GROUP OF PEOPLE FROM THE NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS, YOU INFORMALLY APPOINT A SPOKESPERSON TO CLARIFY YOUR VIEWS.
I'LL BRING THE CASE BACK TO THE BOARD.
AT THIS TIME, THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS FROM THE AUDIENCE WILL BE HEARD.
I'LL THEN CALL FOR A MOTION AND A SECOND, AT WHICH TIME THE BOARD WILL HAVE ADDITIONAL COMMENTS.
OR FURTHER DISCUSSION, I WILL THEN CALL FOR A VOTE.
THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION IN ADHERING TO THESE MEETING GUIDELINES.
[ADOPTION OF MINUTES]
OKAY, SO OUR NEXT ORDER OF BUSINESS SHOULD BE THE ADOPTION OF MINUTES.BUT I DO WANT TO CONTINUE WITH MY GRATITUDE AGAIN TO MRS. JORDAN. WELCOMING MR. GOOD AS OUR VICE CHAIR. BUT I WOULD LIKE TO WELCOME OUR NEW BOARD MEMBER, MR. JAFFE, WHO'S THERE AT THE END.
THANK YOU, SIR, FOR YOUR WILLINGNESS TO SERVE US.
AND WELCOME TO THE PLANNING AND ZONING BOARD.
THAT BEING SAID, DO I HEAR A MOTION FOR AN ADOPTION OF MINUTES FROM OUR LAST REGULAR MEETING FEBRUARY 7TH? SO, CARRIE, MR. MCLEOD HAS THE MOTION A SECOND.
I SECONDED BY MRS. JORDAN. ALL THOSE IN FAVOR? AYE. MOTION CARRIES UNANIMOUSLY.
[NEW BUSINESS]
WE'RE GOING TO MOVE ON TO NEW BUSINESS, WITH OUR FIRST CASE BEING V 20 3-00001.AND THAT'LL BE MISS RAMOS, PLEASE.
GOOD EVENING. CASE V 23 00001.
THE APPLICANT IS JOHN AND COLLEEN PETRULIS.
LYNBROOK STREET NORTHWEST, SPECIFICALLY 937 CAMDEN AVENUE NORTHWEST.
THE PROPERTY HAS A FUTURE LAND USE OF LOW DENSITY RESIDENTIAL, AND THE EXISTING ZONING IS RS TWO SINGLE FAMILY RESIDENTIAL, AND IT'S APPROXIMATELY 0.22 ACRES.
THEIR REQUEST THIS EVENING IS FOR A VARIANCE TO ALLOW AN EXISTING SHED TO ENCROACH 5.3FT INTO THE TEN FOOT REAR SETBACK FOR ACCESSORY STRUCTURES AS ESTABLISHED BY SECTION 180 5.1 18 OF THE PALM BAY CODE OF ORDINANCES.
THE APPLICANT HAS ALREADY ATTAINED A VACATION OF EASEMENT FOR THE ENCROACHMENT INTO A PORTION OF THE PUBLIC UTILITIES AND DRAINAGE EASEMENT, AND IF THE VARIANCE IS GRANTED THIS EVENING, THE APPLICANT HAS ALL NECESSARY DOCUMENTATION TO APPLY FOR A BUILDING PERMIT TO BRING THE SHED FULLY INTO COMPLIANCE.
STAFF RECOMMENDS APPROVAL OF CASE V 23 00001.
THE PLANNING AND ZONING BOARD MUST DETERMINE, BASED ON THE FACTS PRESENTED, TO WHAT DEGREE, IF ANY, OF MINIMAL RELIEF IS REQUIRED TO MEET THE NEEDS OF THE VARIANCE BEING REQUESTED AS REQUIRED UNDER SECTION ONE.
69.009 OF THE CITY OF PALM BAY CODE OF ORDINANCES AND MAKE RECOMMENDATIONS TO CITY COUNCIL FOR A FINAL REVIEW UNDER 59.058 14 OF THE CITY OF PALM BAY CODE OF ORDINANCES.
THE QUASI JUDICIAL BODY SHALL DIRECT THE CLERK OR CITY ATTORNEY ACTING AS THE BODY'S LEGAL COUNSEL, TO PREPARE THE NECESSARY AND APPROPRIATE WRITTEN ORDER IN ACCORDANCE WITH THE PURPOSE OF THE HEARING AND FINDINGS OF THE QUASI JUDICIAL BODY.
PURSUANT TO FLORIDA STATUTES, IN THE EVENT RELIEF IS DENIED TO THE APPLICANT, THE SPECIFIC PROVISION OF STATUTE OR CODE THAT WAS DEFICIENT SHALL BE STATED FOR THE RECORD. AND IN YOUR PACKET ON PAGE EIGHT, YOU WILL SEE A COPY OF THE SURVEY WITH THE SHED HIGHLIGHTED SO THAT YOU CAN SEE WHERE IT'S ENCROACHING.
[00:10:02]
APPROVED FOR THE AREA OF THE ENCROACHMENT, NOT THE ENTIRE EASEMENT.STAFF IS AVAILABLE IF YOU HAVE ANY QUESTIONS AND THE APPLICANTS ARE ALSO HERE.
THANK YOU VERY MUCH, MISS RAMOS.
MEMBERS OF THE BOARD, DO WE HAVE QUESTIONS FOR STAFF BEFORE WE HEAR FROM THE APPLICANT? NO SEEING NONE WILL THE APPLICANT OR THEIR REPRESENTATIVE PLEASE APPROACH THE MICROPHONE AND SUBMIT YOUR SPEAKER CARD AND GIVE YOUR PRESENTATION? GOOD EVENING. MY NAME IS JOHN SCHULTZ.
I'M THE OWNER OF 937 CAMDEN AVENUE NORTHWEST.
I'M HERE TO REQUEST A VARIANCE OF 5.3FT.
AS MENTIONED FROM THE TEN FOOT REAR SETBACK FOR AN EXISTING SHED THAT'S ALREADY THERE.
AND ANSWER ANY QUESTIONS YOU MAY HAVE.
AND FOR THE RECORD, WE DON'T HAVE ANY LETTERS IN THE FILE ON THIS ONE.
DOES ANYBODY HAVE QUESTIONS FOR THE APPLICANT? NO. AND NOW WE GO TO THE COMMENTS.
NOW WE GO TO THE COMMENTS. YES, YES.
IF YOU JUST STAND BY, IF THERE'S ANY COMMENTS AND QUESTIONS, WE'LL ASK YOU BACK UP.
SO NOW THE FLOOR DOES BECOME OPEN FOR PUBLIC COMMENTS.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? ANYBODY WISH TO SPEAK IN OPPOSITION? SEEING NONE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS.
CASE IS BROUGHT BACK TO THE BOARD.
BOARD MEMBERS, AFTER HEARING THE APPLICANT AND HEARING THE STAFF REPORT, ARE THERE ANY FURTHER QUESTIONS OR PERHAPS A MOTION? MOTION TO APPROVE V 23 00001.
SECOND. I HAVE A MOTION TO RECOMMEND FOR APPROVAL BY MRS. JORDAN. IT'S BEEN SECONDED BY MR. BOEREMA. ANY FURTHER DISCUSSION? CALL THE VOTE. ALL THOSE IN FAVOR? AYE. I.
YES, YES. UNLESS YOU'D LIKE TO JOIN US FOR A SIMPLE PROCESS, YOU HAVE TO STAY UNTIL THE END.
YES. THIS IS THE THE APPLICANT IS SUNSHINE PETRO INC.
THE FUTURE LAND USE IS ALREADY COMMERCIAL AND THE EXISTING ZONING IS COMMUNITY COMMERCIAL.
THE SITE IS APPROXIMATELY ONE AND A HALF ACRES.
THE APPLICANT REQUESTS A CONDITIONAL USE TO ALLOW RETAIL, AUTOMOTIVE, GAS AND FUEL SALES IN A COMMUNITY COMMERCIAL DISTRICT IN ACCORDANCE WITH SECTION 185.0433 OF THE PALM BAY CODE OF ORDINANCES.
IN ANALYSIS, THE APPLICANT HAS PROVIDED A CONCEPTUAL PLAN FOR A PROPOSED 5000 SQUARE FOOT CONVENIENCE STORE WITH A DRIVE THRU, END CAP AND GAS STATION. PREVIOUSLY, CONDITIONAL APPROVAL FOR THIS PLAN WAS GRANTED UNDER RESOLUTION 2022 DASH 20.
UPON SUBMITTING A FORMAL SITE PLAN APPLICATION FOR REVIEW, IT WAS NOTED THAT THE SITE PLAN APPROVAL WOULD NOT OCCUR BEFORE THE CONDITIONAL USE EXPIRATION DATE ON MAY 5TH, 2023. THE SITE PLAN REVIEW WAS THEN PLACED ON HOLD PENDING A NEW CONDITIONAL USE APPROVAL, AND STAFF RECOMMENDS APPROVAL OF KQ 23 00017, AND STAFF IS AVAILABLE FOR ANY QUESTIONS, AND THE APPLICANT'S REPRESENTATIVE IS ALSO HERE.
WE'D LIKE THE RECORD TO REFLECT THAT.
WE DID RECEIVE ONE PIECE OF CORRESPONDENCE PERTAINING TO THIS CASE.
AND THAT WAS INCLUDED IN THE AGENDA PACKET.
AND WITH THAT BEING SAID, MEMBERS OF THE BOARD, ARE THERE QUESTIONS FOR THE STAFF BEFORE WE HEAR FROM THE APPLICANT? SO. YES, I HAVE, MR. MCLEOD. MR. CHAIR, PLEASE.
WERE THERE ANY OTHER IMPEDIMENTS TO THE APPROVAL OF THE PLAN? WHY DID IT TAKE SO LONG? I THINK YOU'D HAVE TO ASK THE APPLICANTS WHY THEY DIDN'T GET IT SUBMITTED SOONER.
IT LOOKED LIKE THIS MAY BE EVEN THE THIRD TIME THAT THEY'VE COME IN FOR A CONDITIONAL USE.
MAYBE THEY, YOU KNOW, DECIDED TO POSTPONE.
ASIDE FROM THE INABILITY TO COMPLETE THE PLAN, ARE THERE ANY OTHER IMPEDIMENTS TO THIS PARTICULAR PROJECT? NO. IF THE CONDITIONAL USE WAS STILL ACTIVE, WE WOULD HAVE GONE RIGHT INTO SITE PLAN REVIEW.
THANK YOU. THANK YOU FOR THAT INQUIRY, MR.
[00:15:02]
MCLEOD. AND FOR THE INFORMATION, MR. RAMOS. WITH THAT BEING SAID, WILL THE APPLICANT OR THE REPRESENTATIVE PLEASE APPROACH THE MICROPHONE, SUBMIT YOUR SPEAKER CARD AND GIVE YOUR PRESENTATION? THANK YOU. MY NAME IS CARMINE FERRARO, CROSSOVER COMMERCIAL GROUP.I'M HERE REPRESENTING THE APPLICANT TO ADDRESS WHY WE'RE HERE.
THIS IS OUR THIRD APPLICATION FOR A CUP.
THE PROCESS STARTED A COUPLE OF YEARS APPROXIMATELY THREE YEARS BACK.
WE ARE. THE APPLICANT IS NOW READY TO MOVE FORWARD WITH THE GAS STATION.
SUBMITTED THE SITE PLAN WE HAVE.
THERE WERE A FEW THINGS. LET ME BACK UP FOR A SECOND.
AND SO THERE WERE SOME REASONS TO SLOW DOWN THE PROCESS.
HOWEVER, WE HAVE MADE OUR INITIAL APPLICATION, WE'RE WORKING WITH STAFF AND SO WE NEED TO HAVE THE CUP APPROVED ONE MORE TIME SO WE CAN FINALIZE THE SITE PLAN AND MOVE FORWARD WITH THE DEVELOPMENT.
AND I'LL ANSWER ANY QUESTIONS IF ANYBODY HAS ANYTHING FOR ME.
THANK YOU VERY MUCH FOR THAT PRESENTATION, SIR.
SO WE'RE LOOKING AT THE NORTHEAST CORNER OF VALKARIA AND WYOMING WHERE THEY INTERSECT WITH BABCOCK.
THAT BEING SAID, FOR THE RECORD, THERE ARE NOT ANY LETTERS IN THE FILE.
IN THE FILE OF THIS CASE, THERE ARE.
I GET A LITTLE FIRST TIME ERROR, RIGHT.
SO THE FLOOR NOW BECOMES OPEN FOR PUBLIC COMMENTS.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST, MR. GILBERT? BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST. I'M SPEAKING IN FAVOR OF THIS BECAUSE OF THE FACT OF IT'S COMMERCIAL PROPERTY AND TRYING TO BRING THAT INTO THE CITY OF PALM BAY.
AND THE FIRST ONE BEING THAT THE THIS IS AN OFFSET INTERSECTION.
THEY DON'T. THE EAST AND WEST LINES DON'T LINE UP WITH EACH OTHER.
THEY'RE OFFSET. SO INSTEAD OF BEING ABLE TO SHOOT DIRECTLY ACROSS THE STREET, YOU HAVE TO OFFSET.
IF YOU LOOK AT THE MAP, YOU CAN SEE THAT.
SO THAT GENERATES SOMEWHAT OF A TRAFFIC HINDRANCE.
RIGHT. AND I'M NOT SURE HOW THEY'RE GOING TO DO THAT.
BUT THEN THE ENTRANCE ENTRANCE AND EXITS OFF OF THE PROPERTY.
I NOTICED WHEN I WAS LOOKING AT THE PLAN THAT THEY'VE SET THEM TO THE EXTREME LIMITS OF THEIR PROPERTY THAT THEY COULD, WHICH I THOUGHT WAS A PLUS, BUT IT STILL MAKES IT VERY CLOSE TO THIS OFFSET INTERSECTION.
THAT'S THE ONE NEGATIVE I CAN SEE WITH IT.
AND THEN THE NEXT QUESTION WAS A WAS A QUESTION WAS IS THIS IS THIS COMMERCIAL DEVELOPMENT GOING TO BE ON CITY WATER AND CITY SEWER, OR IS IT GOING TO BE ON SEPTIC? AND THE REASON I BRING THAT UP IS THAT WITHIN THIS NEXT WHAT IS IT? SEVEN YEARS. WE HAVE TO HAVE ALL SEPTIC SYSTEMS WITHIN THE CITY OF PALM BAY CONVERTED TO THE NEWER SYSTEMS OR PLACED ON CITY SEWER. SO THAT'S WHY I'M ASKING THIS.
ARE THERE ANY PLANS COMING UP AND SEE IF WE CAN HAVE SOME WAY TO MAKE SURE THAT THE IMPACT ISN'T FELT FOR THE THESE NEW DEVELOPERS? ALSO, THANK YOU.
IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK IN FAVOR OF THIS? WOULD ANYBODY LIKE TO SPEAK IN OPPOSITION? SEEING NONE, SIR, I'LL ASK YOU TO RESPOND TO THE QUESTIONS THAT WERE BROUGHT UP.
SURE. ONE OF THE OTHER REASONS THAT WE DELAYED AND BRINGING IT FORWARD WAS WE PREFER TO BE ON SEWER, AND IT'S OUR UNDERSTANDING FROM STAFF THAT SEWER WILL BE AVAILABLE SOMETIME IN LATE 2024, POTENTIALLY RIGHT PRIOR TO THE SITE PLAN BEING APPROVED, BUT DEFINITELY WANT TO HAVE THE PROJECT ON SEWER.
SO WE ARE GOING THROUGH THE NORMAL PROCESS WITH STAFF AND THERE'S ALSO GRANT-VALKARIA AND BREVARD COUNTY THAT ARE ALL GETTING THEIR INPUT IN ON TRAFFIC.
SO THE TRAFFIC PLAN WILL BE DESIGNED IN A WAY THAT MEETS EVERYBODY'S APPROVAL.
MY PERSONAL UNDERSTANDING IS THOSE ROADS ARE IN ALIGNMENT.
NOW, THIS IS A PROJECT, AND IT'S THE THE ROAD IS SIGNALIZED AS WELL.
CAN WE CONFIRM THAT FOR THE RECORD? IS THAT FROM THE PROPERTY APPRAISERS, THE GIS MAPS.
SO THAT'S WHAT'S AVAILABLE THROUGH THE PROPERTY APPRAISERS.
SO THE ADMIN UPDATED THAT AERIALS FROM THE PROPERTY APPRAISER'S SITE.
[00:20:03]
YEAH, THAT ONE ACTUALLY IS UPDATED BECAUSE THE HOUSE IS GONE RECENT.IT IS BECAUSE WE'RE NOT ALLOWED TO PUT REAL TIME.
SO. WELL, I KNOW FROM PERSONAL KNOWLEDGE THAT IT'S SIGNALIZED.
IT'S SIGNALIZED. SORRY, MR. CHAIR, I WAS GOING TO STATE THAT IT LOOKS LIKE IT'S SIGNALIZED.
YOU CAN SEE THE THE THE MAST ARMS FROM THE AERIAL, BUT, YOU KNOW, THIS IS PROBABLY NOT GOING TO BE IN ALIGNMENT BECAUSE YOU'RE GOING INTO A RESIDENTIAL NEIGHBORHOOD THERE AND YOU'RE COMING OFF OF, YOU KNOW, VALKARIA ROAD IS IS A MIX OF USES, BUT I DOUBT THEY'RE GOING TO ALIGN IT.
BUT I DO HEAR WHAT MR. BATTEN IS STATING, THAT WE'LL HAVE TO LOOK AT WAYS OF POSSIBLY MAKING SURE THAT TRAFFIC THEN MOVES NORTH OR SOUTH, INSTEAD OF TRYING TO GO STRAIGHT, EXCEPT FOR THE NEIGHBORHOOD THERE.
BUT I ALSO WANTED TO MAKE MAKE IT CLEAR.
IT'S MY UNDERSTANDING THAT ALL COMMERCIAL PROPERTIES AND DEVELOPMENT HAVE TO BE ON SEWER AND WATER.
THEY ARE NOT ALLOWED TO BE DEVELOPED TODAY WITHOUT CONNECTION TO SEWER AND WATER.
SO FOR COMMERCIAL, I JUST WANT TO MAKE THAT THAT CLEAR.
CORRECTED, BUT I'M PRETTY CERTAIN SIX MONTHS IN THAT THAT'S THE CASE.
ALL RIGHT. WELL THANK YOU FOR THAT ADDED TEXTURE.
APPRECIATE IT. AND I'LL JUST DEFER TO THE APPLICANT.
WOULD YOU LIKE TO SPEAK ANY FURTHER TO THE TRAFFIC ALIGNMENT AND THE TRAFFIC LIGHT AT YOUR PROPERTY.
SO THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS IN CASE BEING BROUGHT BACK TO THE BOARD.
BOARD MEMBERS AFTER HEARING ALL THE EVIDENCE, ARE THERE FURTHER QUESTIONS FOR THE APPLICANT OR OR THE STAFF OR A ANY MOTION? I HAVE A QUESTION, A FEW QUESTIONS, YES.
MR. JAFFE, PLEASE. THE SITE PLAN SHOWS SEPTIC.
I JUST NOT SURE IF THIS IS AN OLD SITE PLAN.
SO CURIOUS ON THAT FIRST QUESTION AND THEN JUST COMMENT.
IT'S NICE TO SEE A DECENT LANE GOING NORTHBOUND CONCERNING LEFT LANE TURN AND OFF BABCOCK STREET AND ALSO LEFT TURN IN OFF OF VALKARIA, BEING THAT CLOSE TO LIES ABOUT 240FT FROM BABCOCK STREET.
JUST WONDERING HOW THAT THAT'S GOING TO BE ADDRESSED.
I THINK TRAFFIC WILL STACK AND POSSIBLY BACK UP ONTO BABCOCK STREET ON ANY LEFT TURN IN.
SO TO DATE, THEY'VE HIRED A THEY HAVE A TRAFFIC CONSULTANT, THEY'VE DONE A TRAFFIC STUDY AND AGAIN WORKING WITH STAFF BREVARD COUNTY IS ALSO INVOLVED. VALKARIA GRANT IS INVOLVED BECAUSE OF THE CONNECTION TO VALKARIA GRANT LINE.
SO AT THE END OF THE DAY, EVERYBODY HAS TO AGREE IT'S THE BEST TRAFFIC FLOW POSITION FOR THAT.
AND WHATEVER IT IS, WE AS THE DEVELOPER OWNER WILL HAVE TO ADDRESS IT AND BUILD IT TO THAT, TO THAT LEVEL TURNING, YOU KNOW, LEFT TURN, RIGHT TURN ALL THE DIFFERENT PARTS OF THAT.
OKAY. DOES THAT ANSWER YOUR QUESTION? IT ANSWERS MY QUESTION.
I JUST DON'T KNOW HOW LIKE IF THIS WAS PASSED AND APPROVED TODAY, LIKE HOW YOU WOULD BE HELD TO MAKING THOSE IMPROVEMENTS, WHETHER THEY'RE YOU KNOW, TURN LANES ADDED OR LIKE A SUICIDE LANES, SO TO SPEAK, THAT, YOU KNOW, WOULD TRAFFIC WOULD BE REMOVED FROM THE FLOW OF TRAFFIC ONTO A, YOU KNOW, A LEFT TURN LANE.
I KNOW ONE. AND AGAIN, DO WE HAVE THE SITE PLAN SITE PLANS IN THE AGENDA PACKET? YOU CAN LOOK AT THE SITE PLAN AND LOOK AT THE CURRENT PROPOSED SITE PLAN AND ADDRESSING HOW THE ENTRIES WILL BE IN TERMS OF DISTANCE TO THE CORNERS. AGAIN, I'M NOT A TRAFFIC ENGINEER, BUT HEARING SOME OF THE INFORMATION GOING BACK AND FORTH, THEY ARE TALKING ABOUT HOW TO ADDRESS THE VALKYRIA OFF SITE AND WHAT'S GOING TO HAVE TO BE DONE OFF SITE ON VALKARIA TO GO AHEAD AND MAKE THE TRAFFIC FLOW AND THE THE SIGNALIZATION.
TO TO WHAT THE TRAFFIC ENGINEER RECOMMENDS.
AM I TO UNDERSTAND THAT APPROVAL TODAY WOULD BE PENDING THE ISSUES THAT WERE NOW DISCUSSING THE TRAFFIC AND THE SEPTIC BEFORE IT WOULD BE FINAL APPROVAL.
RIGHT. IT WOULD BE FOR THE USE.
[00:25:01]
I DO HAVE ONE QUESTION FOR THE APPLICANT.PLEASE, SIR. DO YOU HAVE A CLIENT FOR THIS GAS STATION AT THE CURRENT TIME? AS FAR AS WHO'S GOING TO ACTUALLY OCCUPY IT? WHAT THE SCOPE AND SCALE OF THEIR GAS STATION OPERATIONS ARE GOING TO BE? I CAN TELL YOU THAT THEY ARE NEGOTIATING WITH A NATIONAL BRAND, BUT I'M NOT PERMITTED TO DISCLOSE THE NAME OF THE BRAND AT THIS TIME.
BUT YES, THEY HAVE A NATIONAL BRAND THAT THEY WANT TO BRING IN.
UNDERSTOOD. THANK YOU FOR THE ADDED TEXTURE.
OKAY. SEEING NO FURTHER QUESTIONS DO WE HAVE A MOTION PERTAINING TO THIS CASE? I'LL MAKE A MOTION TO APPROVE.
SO WE HAVE A MOTION TO RECOMMEND FOR APPROVAL THIS CASE.
THAT MOTION IS MADE BY MISTER GOOD AND SECONDED BY MR. MCLEOD. ANY FURTHER DISCUSSION? SEEING NONE. I'LL CALL THE VOTE.
ANY OPPOSED? THE MOTION CARRIES UNANIMOUSLY.
WITH THAT TRANSITION TO OUR NEXT CASE, WHICH IS CASE FS 20 3-00015.
AND IF I COULD ASK MISS HAGLER TO PLEASE PRESENT THE STAFF REPORT.
GOOD EVENING. THE APPLICANT HERE IS DRP FL6 LLC, REPRESENTED BY BRC CONSULTANTS.
THE LOCATION IS IN THE VICINITY EAST OF SAINT JOHNS HERITAGE PARKWAY.
NORTHWEST NORTH OF EMERSON DRIVE.
EXISTING ZONING IS PLANNED UNIT DEVELOPMENT, AND THE SIZE IS APPROXIMATELY 33.42 ACRES.
THIS IS A REQUEST FOR FINAL SUBDIVISION PLAT TO ALLOW FOR A PROPOSED 114 LOT, SINGLE FAMILY RESIDENTIAL SUBDIVISION TO BE KNOWN.
COULD BE KNOWN AS RIVERWOOD AT AVALON PHASE TWO AND THE PHASE TWO WILL CONTAIN 114.
40 FOOT WIDE, SINGLE FAMILY LOTS AND.
UPON REVIEW AND SUBMITTED MATERIALS THE FINAL CLASS REQUESTED.
WHEN THE PREVIOUSLY APPROVED PRELIMINARY PLATT AND.
LEGAL REQUIREMENT IN SECTION 184 .08 OF THE PALM BAY.
THANK YOU VERY MUCH, MISS HAGLER.
WITH THAT BEING SAID, IS THERE ANYBODY ON THE BOARD THAT HAS QUESTIONS OF STAFF AT THIS TIME? SEEING NONE.
GOOD EVENING, ANNA SAUNDERS WITH BSC.
I REALLY DON'T HAVE ANYTHING TO ADD TO IT.
THERE'S TWO MORE COMING IN BEHIND IT.
WITH ANY LUCK, WE'LL BE BACK BEFORE YOU IN APRIL PRESENTING THOSE FINAL PHASES.
AND IF YOU GUYS HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER THEM.
ARE THERE ANY QUESTIONS FOR THE APPLICANT? OKAY, FOR THE RECORD, THERE ARE NO LETTERS IN THE FILE PERTAINING TO THIS CASE.
AND WITH THAT, THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? MR.. BAD. BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.
I'VE BEEN WATCHING A LOT OF DEVELOPMENT COMING ALONG THE SAINT JOHNS HERITAGE PARKWAY, AND THE DEVELOPERS IN THIS CASE HAVE BEEN SUBMITTING QUITE A FEW, AND THEY'VE BEEN VERY GENEROUS THROUGHOUT MANY OF THEIR PROJECTS.
BUT THAT GENERATED ONE MORE CONCERN WHEN I WAS LOOKING AT THIS LAYOUT FOR PHASE TWO OF THIS ONE.
IT LOOKS TO ME LIKE IT'S COMING OVER WHERE THE SIDEWALK ENCROACHMENT AREA IS.
I'M NOT SURE IF THAT'S CORRECT OR NOT, BUT I KNOW RIGHT NOW THE CITY OF PALM BAY IS TRYING TO GET FUNDING FROM BOTH STATE AND FEDERAL, AND GRANTS TO INCREASE SAINT JOHNS HERITAGE PARKWAY TO WIDEN IT.
RIGHT. SO I'M JUST MORE WORRIED ABOUT THE FUTURE GROWTH OF WIDENING OF THE SAINT JOHNS HERITAGE PARKWAY INSTEAD OF THIS DEVELOPMENT NOT BEING ABLE TO PROCEED, BECAUSE WE'VE SEEN IT BEFORE, WHERE WE GET THE DEVELOPMENTS IN BECAUSE THEY MET THE TRAFFIC CRITERIA FOR THAT TIME FRAME, BUT SIX WEEKS LATER OR A YEAR LATER, IN THIS CASE, IT MIGHT BE SAINT JOHNS HERITAGE PARKWAY.
[00:30:02]
WHO KNOWS HOW LONG IT WILL TAKE, BECAUSE IT'S GOING TO BE THE CONNECTING ROAD FOR THE ENTIRE LOOP THAT GOES AROUND ALL OF PALM BAY.SO THAT'S WHY I'M JUST TRYING TO ALLEVIATE A PROBLEM.
HOPEFULLY I WON'T BE ALIVE TO SEE IT, BUT IF I'M PLANNING FOR THE FUTURE, IF IT'S THERE.
I'M JUST HOPING THEY COULD BE JUST AS GENEROUS ON THIS ONE.
THANK YOU. THANK YOU, MR. BATTEN. BEFORE YOU LEAVE, MAY I ASK YOU A CLARIFYING QUESTION, SIR? IS THE BOUNDARY THAT YOU'RE REFERRING TO THE WESTERNMOST PROPERTY BOUNDARY.
IT'LL BE THE WESTERNMOST PROPERTY OF THE DEVELOPMENT.
OR TO BE THE EASTERN SIDE OF THE SAINT JOHNS HERITAGE PARK.
OKAY, JUST TO MAKE SURE WE GET A CLEAR ANSWER FOR A CLEAR QUESTION.
THANK YOU. SIR. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK IN FAVOR OF THIS APPLICATION? WOULD ANYBODY LIKE TO SPEAK IN OPPOSITION? SIR, PLEASE. AND THANK YOU FOR PRESENTING YOUR SPEAKER CARD THERE. GOOD EVENING.
I'M AN ATTORNEY IN MELBOURNE, AND I REPRESENT MISS JACQUELINE MARONE.
AND CURRENTLY THERE'S A CATTLE ROAD THAT RUNS ALONG THE NORTHERN BORDER OF THE APPLICANT'S PROPERTY THAT HAS PROVIDED ACCESS TO MY CLIENT'S PROPERTY SINCE 1973, WHEN MY CLIENT PURCHASED THE PROPERTY.
SO IF THIS PROPERTY, IF THIS DEVELOPMENT IS APPROVED AS IS WITHOUT SOME ACCOMMODATION MADE FOR ACCESS, MY CLIENT WILL HAVE TO SEEK JUDICIAL ACTION TO EITHER IMPOSE A PRESCRIPTIVE EASEMENT FOR THE ROUTE THAT THEY'VE BEEN USING SINCE 1973, OR AN IMPLIED WAY OF NECESSITY OR STATUTORY WAY OF NECESSITY.
IF IF THE PRESCRIPTIVE EASEMENT IS NOT APPROVED BY THE COURT.
SO I'M JUST TRYING TO MAKE SURE THAT MY CLIENT STILL HAS ACCESS TO HER PROPERTY AND THAT THIS DEVELOPMENT DOESN'T TAKE AWAY FROM HER THAT CATTLE ROAD. THE PROPERTY HAS BEEN CLEARED RECENTLY AND THE CATTLE ROAD HAS BEEN CLEARED WITH IT.
YOU COULD STILL, IF YOU WERE IN A FOUR WHEEL VEHICLE, TAKE THE SAME PATH.
BUT THE ROAD ITSELF IS NOT IN THE CONDITION IT WAS IN PRIOR TO THE CLEARING.
AND IF A FENCE GOES UP, THERE GOES THE WHOLE SHEBANG.
AS I SAID, MY CLIENT PURCHASED THAT PROPERTY WITH HER HUSBAND AND WITH HER AUNT IN 1973.
AND THERE IS NO ACCESS OTHER THAN THAT CATTLE ROAD PRESENTLY.
AND BEFORE YOU LEAVE THE PODIUM, I'LL ASK YOU A CLARIFYING QUESTION AS WELL.
SIR. ARE WE SPEAKING ABOUT WHAT WE'RE SEEING VISUALLY AS THE WOODED AREA OR THE AREA JUST TO THE NORTH OF THE WOODS? I APPROACH THE IMAGE, PLEASE.
YEAH. IT'S THIS WOODED AREA HERE.
OKAY? FIVE ACRES TO THE NORTH.
HER HUSBAND OWNS THE FIVE ACRES.
THANK YOU FOR THAT CLARIFICATION.
WHERE IS THE ROAD THAT YOU CLAIM IT HAS BEEN OBLITERATED? IS THIS CATTLE ROAD? IT RUNS ALONG THE MELBOURNE TILLMAN CANAL ON THE NORTHERN BORDER OF.
OKAY. ABOUT A 45 DEGREE ANGLE RIGHT HERE.
UNDERSTOOD. SO, FOR LACK OF A VISUAL OF A RECORD, LET THE RECORD REFLECT THAT THE PROPERTY BEING SPOKEN ABOUT IS IMMEDIATELY EAST OF THE PROPERTY THAT THE DEVELOPER IS BRINGING FORTH THIS CASE.
AND THE CATTLE ROAD IS IMMEDIATELY NORTH UNTIL THE VERY TERMINUS OF THE NORTHEAST SECTION.
SO THANK YOU FOR THAT CLARIFICATION, SIR.
THANK YOU. THAT SAID, IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK IN OPPOSITION? SIR. CHAIRMAN, I HAVE A QUESTION.
IS YOUR CLIENT OCCUPYING? HAS A HOUSE THERE NOW? AT THIS TIME THE PROPERTY IS UNDEVELOPED, BUT SHE HAS THE INTENTION TO USE IT FOR RESIDENTIAL PURPOSES.
OKAY. THANK YOU. THANK YOU SIR.
I HAVE A QUESTION FOR THE ATTORNEY.
YES, MR. MCLEOD. HAS YOUR CLIENT ATTEMPTED TO NEGOTIATE A RESOLUTION WITH THE DEVELOPER? AND IF SO, WHAT'S THE STATUS THROUGH OTHER REPRESENTATIVES? SPECIFICALLY THROUGH A REALTOR? MY CLIENT HAS ATTEMPTED TO BOTH WITH THE CITY, WITH THE COUNTY, AND, AND I BELIEVE WITH THE DEVELOPER DIRECTLY HAS ATTEMPTED TO MAKE CONTACT, BUT THOSE EFFORTS HAVE BEEN HAVE NOT BEEN RESPONDED TO WITH AT LEAST FROM THE DEVELOPER.
[00:35:03]
CITY AND COUNTY HAVE, OBVIOUSLY, BUT THE DEVELOPER HAS NOT RESPONDED TO THOSE ATTEMPTS YET, AND I WAS JUST RETAINED.THAT'S WHY I DIDN'T SUBMIT A AN AGGRIEVED PARTY NOTICE.
I WAS JUST RETAINED LITERALLY A DAY OR TWO AGO, SO THERE WASN'T TIME.
ALL RIGHT. WELL, THANK YOU FOR THAT CLARIFICATION, SIR.
SO IN KEEPING AN ORDER, I WILL ASK MISS SAUNDERS AS THE REPRESENTATIVE OF THE APPLICANT, TO COME UP AND RESPOND TO THESE INQUIRIES THAT HAVE BEEN BROUGHT UP BOTH BY THIS GENTLEMAN AND MR. BATTEN. IN THE INTERIM, I WILL ASK THE STAFF FOR OUR ULTIMATE CLARIFICATION TO JUST PROVIDE WHAT THE CURRENT ZONING OF THAT PROPERTY IS, JUST SO WE FULLY UNDERSTAND IF YOU HAVE ANOTHER MAP OF MISS SAUNDERS, IF YOU DON'T MIND, IT'S COUNTY AGRICULTURAL USE.
THANK YOU. AND IT'S IN UNINCORPORATED BREVARD COUNTY, CORRECT? YEAH. SO TO ANSWER MR. BATTEN'S QUESTION EARLY ON IN THIS PROCESS, WHEN THE DEVELOPER WAS LOOKING AT DEVELOPING THIS PROPERTY, WE PARTNERED WITH THE CITY.
THAT IS FOR THE ULTIMATE SIX LANE BUILDOUT OF THE PARKWAY.
IT WILL EXTEND IT DOES EXTEND 200FT TO THE WEST.
YOU GUYS HAVE SECURED AND HAVE PROPERTY RIGHTS TO THAT.
WHAT'S CURRENTLY BUILT ARE JUST TWO OF THE SIX ULTIMATE LANES.
IN ADDITION TO THAT, THE PROPERTY, THIS PROPERTY, RIVERWOOD IN PARTICULAR, AND TIMBERS AND EDGEWOOD, AS YOU GO SOUTH AND EAST ALONG THE PARKWAY, ALSO TAKE IN ALL OF THE STORMWATER AND PROVIDE ALL THE TREATMENT FOR THE ULTIMATE SIX LANE WIDENING SECTION OF THE ROAD.
SO IT TREATS IT TODAY AND IT WILL TREAT IT TOMORROW.
SO WE HAVE MANAGED TO HANDLE THAT.
IN ADDITION, WE'RE EXTENDING THE UTILITIES.
WE BROUGHT THE 16 INCH WATER AND FOUR LANES UP FROM MALABAR ROAD NORTH UP TO EMERSON.
TO TO TALK ABOUT THIS ADDITIONAL PIECE.
THIS IS THE FIRST TIME HEARING EVER ABOUT THERE BEING ANY KIND OF CATTLE ACCESS ROAD.
WE'VE HAD MULTIPLE TITLE SEARCHES.
WE'VE GONE THROUGH THE PRELIMINARY DEVELOPMENT PLAN.
WE DID THE FINAL DEVELOPMENT PLAN.
EVERYBODY'S BEEN NOTICED AND GOT CONSTRUCTION PLAN APPROVALS AND PERMITS IN PLACE.
THERE IS A MELBOURNE TILLMAN RIGHT OF WAY ACCESS ROAD ALONG THE NORTH SIDE OR.
IT'S NOT A ROAD, IT'S JUST THERE.
THERE. HOW THEY ACCESS THEIR CANALS AND MAINTAIN THEM.
MY UNDERSTANDING AND I WILL REFUTE THE FACT THAT THE DEVELOPER HASN'T SPOKEN WITH THEM.
THE THE REAL ESTATE AGENT ACTUALLY CALLED ME.
I APOLOGIZE FOR NOT BEING PREPARED WITH THAT NAME, BUT I DO HAVE IT BACK IN MY OFFICE.
THEY WANTED TO KNOW IF THEY'D BE ABLE TO HAVE ACCESS TO IT.
I SAID IT WASN'T FOR ME TO DENY ANYBODY ACCESS.
AND MY UNDERSTANDING THAT NEGOTIATION FELL THROUGH FOR WHATEVER REASON THERE IS.
IF YOU LOOK AT THE YOU CAN SEE KIND OF THAT WHITE ROADWAY BETWEEN BOTH PROPERTIES.
IF YOU CAN JUST GO BACK TO THAT LAST MAP, I'M SORRY.
SO YOU CAN KIND OF LET ME I'M JUST GOING TO WALK OVER.
SO THAT IMPROVED UNPAVED ROADWAY CONNECTS TO A CITY RIGHT OF WAY.
AND THERE'S AN EASEMENT ACROSS IT.
USE EASEMENT FROM THE CITY AGAIN, IT'S BOTH OF THOSE PARCELS ARE COUNTY PARCELS THAT ARE NOT ANNEXED INTO THE CITY, BUT ARE UTILIZING THE CITY ROADWAY AND SO ON. SO RESPECTFULLY, I WOULD SUGGEST THAT THAT WOULD BE THE THE PATH TO GO THROUGH TO PROVIDE ACCESS TO THAT PARCEL AS IT EXISTS TODAY. AND IF YOU HAVE ANY OTHER QUESTIONS, I'M HAPPY TO ANSWER THEM.
I'LL ASK TWO CLARIFYING QUESTIONS TO YOUR RESPONSE.
AND THEN OF COURSE, IF THE BOARD NEEDS ANY FURTHER CLARIFICATION.
BUT IT'S MY UNDERSTANDING FROM YOUR RESPONSE THAT THE CURRENT TWO LANES THAT EXIST OF THE PARKWAY ARE THE FURTHEST EAST THAT THE PARKWAY SHALL COME, AND THEN IT WILL EXTEND WEST FOR LANES THREE AND FOUR, AND ULTIMATELY FIVE AND SIX WILL ALL BE ON THE WESTERN BOUNDS.
YES, SIR. SO THE EAST MOST WILL STAY CORRECT.
[00:40:02]
AND THAT 200FT IS WHAT YOUR CLIENT HAS ALREADY GIVEN, AND IT'S ALREADY THERE AND SO ON.WITH OF THINGS LIKE YOU MENTIONED THAT THIS ONE'S NOT A TARGETED, BUT THE OTHERS ARE THERE'S NO DEVELOPMENT IMMEDIATELY TO THE SOUTH THAT LINKS UP TO THIS ONE, THAT THIS IS ANOTHER PHASE OF THERE IS.
SO THIS IS PHASE TWO. SO THE PHASING IS A LITTLE BIT OUT.
SO GOING NORTH TO SOUTH NORTH TO THE CITY LIMITS SOUTH BEING EMERSON.
PHASE THREE IS SORT OF THE SOUTHWEST CORNER.
PHASE FOUR IS THE SOUTHEAST CORNER.
IS THERE ANY LAND IN BETWEEN WHEN THE PROJECT'S ULTIMATELY DONE? NO. OKAY. IT GOES FROM EMERSON TO THE CITY LIMIT.
YEAH. WITH THE EXCEPTION OF THE THE COMMERCIAL PARCELS THAT WE DO NOT OWN.
UNDERSTOOD. AND THOSE ARE ON THE EAST OF EASTERN SIDE OF YOUR PROPERTY.
SO THE COMMERCIAL PARCELS ARE SOUTH OF THE PROPERTY BUT NORTH OF EMERSON.
UNDERSTOOD. YEAH. AND THEN THERE IS A 15 ACRE THERE IS A 15 ACRE TRACT ALONG THE PARKWAY THAT IN ONE PARTICULAR LOCATION, PARALLEL TO THE PARKWAY THAT SEPARATES THE COMMERCIAL FROM THE RESIDENTIAL THAT'S OWNED BY THE SAME DEVELOPER, BUT THAT HAS A MULTIFAMILY COMPONENT TO IT DOESN'T HAVE A FINAL DEVELOPMENT PLAN YET, BUT THAT'LL BE COMING IN IN THE NEAR FUTURE FOR YOU.
UNDERSTOOD. AND MY LAST POINT OF CLARIFICATION THAT WE TALKED ABOUT THE RECORD REFLECTING THAT THERE'S A KIND OF A DIAGONAL THAT THE ATTORNEY POINTED OUT, AND IT'S AT THE NORTH MOST TERMINUS OF THIS PROPERTY THAT WE'RE SPEAKING OF.
SO THE ATTORNEY PRODUCES THAT DOCUMENT.
AND THEN WE DO IT AGAIN AS WE GO THROUGH THE FINAL PLAT PROCESS.
UNDERSTOOD. THANK YOU VERY MUCH FOR THESE CLEAR CLARIFYING POINTS.
THAT SAID, THE BOARD HAVE ANY FURTHER QUESTIONS OF THE APPLICANT? YES, I DO, MR. MCLEOD. PLEASE, I AM PUZZLED.
THE ATTORNEY FOR THE ADJACENT PROPERTY OWNER SAYS THAT CASTLE ROAD HAS BEEN PLOWED OVER.
THAT RULE WAS NOT ESTABLISHED TO BE ON THE DEVELOPER'S PROPERTY.
OKAY. I'M NOT I'M NOT ASKING YOU IF THE LOCATION OF THE ROAD THAT HAS BEEN PLOWED OVER, IF THAT WAS ON YOUR PROPERTY, YOU SAY YOU DON'T KNOW WHO OWNS THE ROAD OR WHO PUT IT THERE.
I'M NOT AWARE OF ANY CATTLE ROAD THAT EXISTS ON THE PROPERTY.
THE RED LINES ARE CITY LIMITS.
SO THERE'S MELBOURNE, TILLMAN CANAL THERE, AND THERE'S THE CANAL RIGHT OF WAY.
THE BANK THAT THEY UTILIZE TO, YOU KNOW, DRIVE THEIR MOWERS DOWN.
THAT'S HOW THEY MOW AND MAINTAIN THE CANAL.
WE HAVE DONE OUR CLEARING OPERATIONS OUT THERE AGAIN.
REMEMBER, WE HAVE OUR PRELIMINARY AND OUR FINAL DEVELOPMENT PLAN APPROVALS.
WE'VE GOT OUR CONSTRUCTION PLAN APPROVALS.
AND SO WE'RE ACTIVELY CLEARING AND CONSTRUCTING THE SITE AT THIS POINT IN TIME.
AND WE'VE BEEN UNDER CONSTRUCTION FOR, YOU KNOW, SOME TIME.
THANK YOU, MR. MCLEOD. YES, MA'AM.
I JUST WANTED TO POINT OUT TO THE BOARD, JUST SO IF YOU HADN'T NOTICED THE FINAL PLAT THAT IS ATTACHED IN YOUR IN YOUR PACKET HERE, YOU WILL NOTICE THAT THE LOCATION OF.
THANK YOU. IT'S KIND OF RIGHT HERE, BUT IT'S HARD TO SEE IT.
THE THE NORTHERN LINE THERE I THINK YOU CAN SEE MY CAN YOU SEE THE MOUSE GOING BACK.
AND THEN 80FT TO THE NORTH, THAT'S ALL THE MELBOURNE TILLMAN CANAL RIGHT OF WAY.
SO IT ALMOST APPEARS THAT CATTLE ROAD IS PART OF THEIR PROPERTY.
IT'LL SHOW YOU THE 200FT THAT IS THE SAINT JOHNS HERITAGE PARKWAY THAT THE CITY DOES HAVE CONTROL OVER, AND I JUST WANTED TO POINT ALL OF THAT OUT TO YOU IF YOU HADN'T NOTICED IT IN THE PAST.
THAT'S VERY HELPFUL. THANK YOU.
MA'AM. OKAY, SO WITH ALL OF THIS SAID DOES ANYBODY HAVE ANY FURTHER QUESTIONS?
[00:45:01]
A COUPLE OF POINTS. WELL, AS A MATTER OF PROCEDURE, SIR, WE GO THROUGH PUBLIC COMMENTS AND WE HAVE APPLICATION RESPONSE AND WE'VE HEARD BOTH OF THOSE.MR. ATTORNEY, I WOULD LIKE TO CONSULT YOU FOR A MOMENT, SIR.
THE MATTER THAT'S BEFORE YOU TODAY IS FOR THE.
IT'S DIRECTLY TO RECOMMEND FINAL SUBDIVISION PLAT.
THE PURVIEW OF YOUR REVIEW IS SIMPLY WHETHER THIS PLOT MEETS THE REQUIREMENTS OF THE FLORIDA STATUTES FOR PLAT ANY ADD DISCUSSIONS REGARDING POTENTIAL OR POSSIBLE CATL ROADS, OR THAT'S ACTUALLY MORE OF A CIVIL MATTER BETWEEN THE TWO PROPERTY OWNERS.
HOWEVER, YOUR YOUR PURVIEW TONIGHT IS SIMPLY DOES THIS PLAT MEET THE STATUTORY REQUIREMENTS? ANYTHING OUTSIDE OF THAT IS OUTSIDE OF YOUR PURVIEW FOR REVIEW FOR FOR APPROVAL TONIGHT.
THANK YOU VERY MUCH FOR THAT CLARIFICATION, SIR.
WITH THAT BEING SAID, BOARD MEMBERS, I WOULD LIKE TO CLOSE THE FLOOR FOR PUBLIC COMMENTS AND BRING THE CASE BACK TO US AS A BOARD AND ASK THE BOARD MEMBERS IF WE HAVE ANY FURTHER QUESTIONS OR MOREOVER, IF WE HAVE A MOTION PERTAINING TO THIS CASE.
I'LL MAKE A MOTION TO APPROVE FS 20 3-00015.
SECOND. OKAY, SO I HAVE A MOTION BY MR. GOOD TO RECOMMEND FOR APPROVAL CASE FS 23 00015.
IT'S BEEN SECONDED BY MISS JORDAN.
IS THERE ANY FURTHER DISCUSSION PERTAINING TO THIS MOTION? SEEING NONE I'LL CALL THE QUESTION AND ASK.
ALL THOSE IN FAVOR? AYE. AYE. ALL THOSE OPPOSED? THE MOTION CARRIES UNANIMOUSLY.
AS SUCH, I WILL JUST ASK FOR CLARIFICATION FROM THE STAFF.
IS THIS THE APPLICANT REQUESTING TO CONTINUE THESE TWO CASES? YES, MR. CHAIR.
THANK YOU VERY MUCH FOR THAT CLARIFICATION.
SO PERTAINING TO CASE PPS 20 3-0009, DO I HEAR A MOTION TO TO CONTINUE.
SO MOVED. DO I HEAR? SECOND. SECOND.
OKAY, SO I HAVE A MOTION BY MR. GOOD. AND IT'S BEEN SECONDED BY MR. MCLEOD TO CONTINUE CASE PPS 23 00009 TO THE FIVE ONE PLANNING AND ZONING MEETING.
AYE, AYE. ANY OPPOSED? THAT MOTION CARRIES UNANIMOUSLY.
I ALSO HAVE A REQUEST TO CONTINUE CASE PPS 20 3-00011 TO THE FIVE ONE PLANNING AND ZONING MEETING.
DO I HEAR A MOTION? SO MOVED. SECOND A MOTION BY MR. GOODE, SECONDED BY MR. MCLEOD, TO CONTINUE CASE PPS 23 00011 TO THE FIVE ONE PLANNING AND ZONING MEETING.
DO I SEE ANY DISCUSSION? I DO NOT, SO I'LL CALL THE QUESTION.
ANY OPPOSED? THAT MOTION CARRIES UNANIMOUSLY.
THAT CASE WILL BE CONTINUED TO THE FIVE ONE PLANNING AND ZONING MEETING.
THAT BRINGS UP OUR LAST CASE UNDER NEW BUSINESS THIS EVENING.
AND THAT IS CASE T 20 4-00002.
AND FOR THAT I WILL DEFER TO MISS FRAZIER.
THIS EVENING I'LL GET A LITTLE CLOSER.
WE'RE PRESENTING A TEXTUAL AMENDMENT TO THE CODE OF ORDINANCES REGARDING CHAPTER 185 OR.
I'M SORRY. YEAH. 185 .044 HIGHWAY COMMERCIAL DISTRICT.
REMOVING RESTRICTIONS ON PERMITTED USES PERTAINING TO THE BAYFRONT COMMUNITY REDEVELOPMENT DISTRICT.
THE GROWTH MANAGEMENT DEPARTMENT IS PROPOSING A TEXTUAL AMENDMENT TO THE HIGHWAY COMMERCIAL ZONING DISTRICT ONLY THAT REMOVES RESTRICTIONS PLACED ON PERMITTED COMMERCIAL USES IN THE HIGHWAY COMMERCIAL AREA, BUT ANYTHING THAT LIES EAST OF THE FEC RAILROAD WITHIN THE BAYFRONT COMMUNITY REDEVELOPMENT DISTRICT IS NOT PERMITTED.
SO WE'RE REMOVING THAT CLOUD ON ANY OF THE PERMITTED COMMERCIAL USES IN THE HIGHWAY.
WITHIN THE BAYFRONT AREA, THE HC ZONING DISTRICT IS THE ONLY ZONING DISTRICT WITHIN THE CRA WHICH RESTRICTS CERTAIN ACTIVITIES WITHIN THE BAYFRONT COMMUNITY REDEVELOPMENT AREA EAST OF THE FEC RAILROAD.
HOWEVER SEVERAL APPLICANTS HAVE COME FORWARD WITH COMMERCIAL EXPANSIONS AND PROPOSED NEW DEVELOPMENT IN THIS AREA FOR SOME NICE HIGH HIGHWAY COMMERCIAL TYPE OF, OF USES.
[00:50:02]
SO WE ARE RECOMMENDING THAT WE BRING THIS CHANGE FORWARD AT THIS TIME TO PROMOTE THOSE COMMERCIAL DEVELOPMENT WITHIN THE CITY.I BELIEVE WE WERE ABLE TO UPLOAD THIS.
IF YOU SEE, THIS IS THE BCRA AS IT STANDS TODAY, THAT'S OUR BAYFRONT COMMERCIAL OR BAYFRONT CRA AS IT STANDS TODAY. IT WILL SUNSET, AS MANY OF YOU MAY KNOW, IN MAY OF THIS YEAR.
THEREFORE, THERE WILL BE NO LONGER A CRA IN THAT AREA.
THE DARK BROWN THAT YOU SEE IS IS PRETTY MUCH THE DARK BROWN IS THE HIGHWAY COMMERCIAL.
AND IN THE CRA DISTRICT LONG AGO, WHEN IT WAS ESTABLISHED, THEY THEY HAD REQUIRED THAT THE HIGHWAY COMMERCIAL PERMITTED USES NOT BE ALLOWED WITH ANY WITHIN ANYTHING EAST OF THE RAILROAD.
NOW INTERESTINGLY, THERE'S HERE'S THE RAILROAD LINE RIGHT HERE.
OKAY. THAT'S THE RAILROAD LINE.
THEIR SOME OF THEIR PERMITTED USES WOULD NOT BE ALLOWED IN THAT DISTRICT.
ANYTHING WEST OF THE RAILROAD ALONG HERE WOULD BE ALLOWED.
SO AGAIN, STAFF BECAME AWARE THAT THERE WERE MANY COMMERCIAL EXIST EITHER EXISTING BUSINESSES THAT WANTED TO EXPAND AND OR WANTED TO ESTABLISH THERE.
AND THEY HAD THIS CLOUD ON THEIR ABILITY TO DO THAT.
THEY'D HAVE TO WAIT UNTIL JUNE.
SO WE DETERMINED THAT WE WOULD WE WOULD BRING THIS FORWARD NOW.
AND SO WE ARE RECOMMENDING APPROVAL.
OKAY. WELL, THANK YOU VERY MUCH FOR THAT PRESENTATION, MA'AM.
I WAS GOING TO HAVE THE RECORD REFLECT THAT WE WERE PROVIDED WITH THIS MAP.
I'M GLAD WE WERE ABLE TO SHARE THAT FOR THE BENEFIT OF THE PUBLIC.
I'M SEEING NONE, SO I WILL ASK A COUPLE QUESTIONS.
WHAT ARE THE ORIGINS OF THESE RESTRICTIONS OF THESE EASTERNMOST.
THIS STARTED WHEN THE BCRA WAS FORMED.
AND WHAT WAS THE RATIONALE BEHIND THESE RESTRICTIONS? WELL, SIR, I WASN'T HERE, BUT I WOULD IMAGINE HAVING ESTABLISHED MANY CRAS AND BEING THE CRA MANAGER MYSELF, I WOULD IMAGINE THE VISION WAS THEY DIDN'T WANT MAYBE SOME OF THE HEAVIER USES THAT ARE ALLOWED AND PERMITTED IN HIGHWAY COMMERCIAL TO BE THIS CLOSE TO THE CORRIDOR, WHICH I'M ONLY SURMISING AT THIS POINT.
THE CRA HAS BEEN HERE A LONG TIME AND IT HAS HAD SOME, SOME SUCCESSES AND SOME NOT SO GOOD SUCCESSES. SO I WOULD ASSUME THAT THAT IS WHY IT WAS ESTABLISHED IN THE FIRST PLACE IN THE HOPES OF OTHER USES, OR MAYBE LESS HEAVY OR INTENSE USES BEING ALLOWED WITHIN THAT CORRIDOR.
WELL, I CONSIDER YOUR YOUR EXPERIENCE TO TO, TO BE ENOUGH TO SURMISE.
THAT BEING SAID THIS BCRA SUNSETS IN MAY OF 2024.
DOES IT SUNSET ON MAY 1ST OR MAY 31ST OF 2024? I DO NOT KNOW.
OKAY. EITHER WAY, FOR CONVERSATION'S SAKE WITH THIS CASE AND ITS APPROVAL AND ITS REMOVAL OF THESE RESTRICTIONS, THEN THEREFORE BECOME A MOOT POINT COME SIX ONE OF 2024. THAT'S CORRECT.
OKAY. SO JUST TO DOUBLE CLICK AND REALLY ASK WHY FOR BUYING OURSELVES 70 DAYS OR SO.
WHY? WHY HAVE THIS CASE? WHY NOT LET THINGS PAN OUT? WELL FOR THE VERY REASON THAT I STATED THAT WE HAVE.
I MEAN, THE CITY WANTS MORE COMMERCIAL, RIGHT? AND THEY'RE TRYING TO ENCOURAGE MORE COMMERCIAL USES.
WE HAVE ACTUAL BUSINESSES WAITING TO SUBMIT THEIR APPLICATIONS, EITHER AGAIN, TO EXPAND BECAUSE THEY'RE ALREADY EXISTING OR TO COME IN WITH WITH NEW NEW APPLICATIONS FOR, FOR SITE IMPROVEMENTS.
SO. I WAS REQUESTED TO MOVE THEM FORWARD.
WELL, IT COULDN'T COME IN TODAY.
AND IF THIS GETS PASSED FORWARD.
THIS WOULD BE HEARD IN APRIL FOR THE CITY COUNCIL.
AND THEN PROBABLY THE SECOND MEETING IN APRIL.
SO MAY, IF IT GETS APPROVED, THEY COULD PROBABLY SUBMIT AN APPLICATION COME MAY.
[00:55:05]
BUT TO YOUR POINT, THEY WOULDN'T BE ABLE TO SUCCESSFULLY SUBMIT AN APPLICATION TOMORROW MORNING IF THIS DIDN'T EXIST, BECAUSE YOUR STAFF WOULD SAY, ACTUALLY, THAT'S WITHIN THE RESTRICTIONS. EXACTLY.IT'S UNDERSTOOD. I THINK YOU HAVE TO REZONE OR.
I THANK YOU FOR TAKING THAT WALK WITH ME.
OKAY. THANK YOU. IS THERE ANY FURTHER QUESTIONS OR NEED FOR CLARIFICATION ON THIS PARTICULAR ITEM FROM THE STAFF? NONE. SO WE WILL TURN TO THE PUBLIC FLOOR IS OPEN FOR PUBLIC COMMENTS.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION? OKAY, SO SEEING NONE, THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS.
CASE IS BROUGHT BACK TO THE BOARD.
BOARD MEMBERS, AFTER HEARING THIS EVIDENCE PRESENTATION.
ARE THERE ANY QUESTIONS OR EMOTION PERTAINING TO THIS CASE? MOTION TO APPROVE T 24 00002.
SECOND. OKAY, SO I HAVE A MOTION TO RECOMMEND FOR APPROVAL BY MRS. JORDAN. AND IT IS SECONDED BY MR. BOEREMA. AND THAT, OF COURSE, IS THIS CASE T 24 00002.
IS THERE ANY FURTHER DISCUSSION? BOARD MEMBERS? I WOULD JUST SAY THAT THROUGH THE DISCUSSION, I STILL DO NOT SEE THE NEED FOR THE CASE.
I'LL BE IN OPPOSITION TO IT, BUT THAT'S NOT TO INFLUENCE ANYBODY ELSE.
MR. MCLEOD. YES, PLEASE, MR. CHAIR. WHATEVER.
WE'VE SEEN THESE REQUESTS TO MAKE CHANGES.
THERE DOESN'T SEEM TO BE ENOUGH PERSUASIVE INFORMATION IN THE MATERIALS THAT WE RECEIVE.
FOR EXAMPLE, WHAT WAS BEING RESTRICTED? WHAT KIND OF BUSINESSES WERE BEING RESTRICTED, AND WHY WOULD IT BE BENEFICIAL NOW TO RELAX THOSE RULES? AND IT'S JUST A COMMENT.
THAT'S MY COMMENT. I APPRECIATE THAT, SIR.
AND THAT PLAYS INTO KIND OF WHERE WHERE I'M AT WITH IT.
I UNDERSTAND THROUGH MISS FRAZIER'S THOROUGH EXPLANATION THAT IT'S THE RESTRICTIONS ON USES THAT WOULD BE ALLOWED IN HIGHWAY COMMERCIAL, BUT TO DOUBLE CLICK ON THAT AND UNDERSTAND WHAT THOSE USES MAY BE AND WHAT THIS WILL BRING, I WOULD FIND BENEFIT FROM THAT TOO.
AND THAT'S KIND OF WHERE MY OPPOSITION IN THIS CASE LIES.
BUT, MISS. I'M SORRY, MISS, MAY I WOULD I HELP YOU OR.
I THINK PROCEDURALLY THAT WILL MAKE THAT WORK.
GO AHEAD. WELL, I WOULD JUST POINT OUT THAT WHAT YOU HAVE IN FRONT OF YOU OR THE STRIKETHROUGH AND UNDERLINES OF THE PROPOSED TEXT AMENDMENT, WHICH INCLUDES AND WITHIN THAT IT CLEARLY STATES THAT OR SHOWS YOU THAT.
A CAR DEALERSHIP WITH USED AND NEW CARS CAN ONLY RIGHT NOW BE EAST.
I'M SORRY, WEST OF THE RAILROAD.
CD 88D THE SALE OF SHEDS OR OTHER ACCESSORY BUILDINGS IS PROHIBITED WITHIN THE BAYFRONT COMMUNITY REDEVELOPMENT DISTRICT, EAST OF THE FLORIDA EAST COAST RAILROAD. NOW, SALE OF SHEDS AND OTHER ACCESSORY BUILDINGS WILL BE ALLOWED EAST OF THE RAILROAD.
SO THOSE USES ARE IN THE STRIKETHROUGHS THAT ARE NOW GOING TO BE PERMITTED.
DOES. DOES THAT HELP? ANSWER YOUR QUESTION, SIR? IT DOES A CERTAIN DEGREE.
YES. MRS. JORDAN. IF YOU DID NOT MAKE THESE CORRECTIONS.
WOULD YOU STILL HAVE TO GO BACK AND REWRITE IT TO ALLOW THOSE USES? YES, MA'AM.
WHEN WE DO THE LAND DEVELOPMENT CODE REWRITE, IT WILL.
WE'LL STRIKE EVERYTHING THAT SAYS THE BAYFRONT REDEVELOPMENT AREA.
OKAY. NOW WE MAY CHANGE SOME OF THE PERMITTED USES.
I'M NOT GOING TO GUARANTEE THAT IT WON'T BE CHANGED.
BUT GENERALLY HIGHWAY COMMERCIAL HAS THESE USES IN THERE, AND SO WE'RE JUST ALLOWING THEM TO BE
[01:00:07]
PERMITTED NOW EAST OF THE RAILROAD.SIERRA. OKAY WITH THAT CLARIFICATION? IS THERE ANY FURTHER DISCUSSION? SO HAVING THE MOTION, I WILL GO AHEAD AND CALL THE VOTE.
ALL THOSE IN FAVOR? AYE, AYE. ANY OPPOSED? SAY NAY. SO THAT MOTION IS GOING TO CARRY 5 TO 1.
OKAY, SO THAT BRINGS US TO THE END OF OUR BUSINESS.
I WOULD LIKE TO OFFICIALLY SAY, AND FROM ONE NOVEL TO ANOTHER, GO NOLES SEEING NO OTHER BUSINESS.
THANKS.
* This transcript was compiled from uncorrected Closed Captioning.