Jul 10, 2019 Special Planning and Zoning Board

[CALL TO ORDER]

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OKAY FOLKS WE'RE GOING TO GO AHEAD AND GET STARTED. MA'AM IF YOU WOULD PLEASE TAKE A SEAT. THE JULY 10TH 2019 MEETING OF THE PLANNING AND ZONING BOARD IS CALLED TO ORDER. LEETA WILL LEAD US IN THE PLEDGE OF ALLEGIANCE EVERYONE PLEASE RISE AND FACE THE FLAG.

CHANDRA WILL YOU CALL THE ROLL PLEASE. YES MR. BOEREMA. HERE. MS. DOMONOUSKY HAS ASKED TO BE EXCUSED. MR. FELIX WE'RE EXPECTING. MISS JORDAN. PRESENT. MISS MARAGH. PRESENT. MR. WARNER. PRESENT. MR. WEINBERG. HERE. OUR SCHOOL BOARD APPOINTEE HAS NOT BEEN ASSIGNED AND OUR BOARD ATTORNEY MR. JAMES STOKES IS PRESENT. WE DO HAVE A QUORUM. THANK YOU CHANDRA. OUR FIRST ORDER BUSINESS IS THE  ADOPTION OF THE MINUTES OF OUR JUNE 5TH

[ADOPTION OF MINUTES]

[ANNOUNCEMENTS]

[NEW BUSINESS]

THE APPLICANT HAS ALSO APPLIED FOR A VACATED EASEMENT FOR THE PROPOSED THREE FOOT ENCROACHMENT. ANALYSIS VARIANCE FROM THE TERMS OF LAND DEVELOPMENT CODE MAY BE  GRANTED WHEN SPECIAL CONDITIONS EXIST THAT WOULD RESULT IN UNNECESSARY HARDSHIPS IF THE PROVISIONS OF LAND DEVELOPMENT CODE WERE ENFORCED. HOWEVER A VARIANCE MAY NOT BE GRANTED WHEN THE PUBLIC HEALTH AND SAFETY WOULD BE COMPROMISED AS A RESULT OF THE VARIANCE IN APPLICATION MUST DEMONSTRATE THAT ITEMS 1 THROUGH 7 OF SECTION 169.009 OF THE CODE OF ORDINANCE HAVE BEEN MET A REVIEW OF THESE ITEMS IS AS FOLLOWS. ITEM 1 SPECIAL CONDITIONS AND CIRCUMSTANCES THE APPLICANT IS REQUESTING RELIEF FROM THE REAR ACCESSORY STRUCTURE SETBACK FOR A PROPOSED CAR PORT ON THE SOUTHEAST SIDE OF THE PROPERTY THE OWNER PLANS ON INSTALLING A SOLAR PHOTOVOLTAIC SYSTEM ON THE ROOF OF THE CAR PORT AND THE PROPOSED LOCATION IS THE ONLY LOCATION SUITABLE DUE TO THE SIZE OF THE STRUCTURE AND THE EXISTING SITE CONDITIONS. ITEM 2 THE SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED IN ITEM 1 ARE NOT THE RESULT OF THE ACTIONS OF THE APPLICANT. THE SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED IN ITEM 1 DO APPEAR TO BE A DIRECT RESULT OF THE ACTIONS OF THE APPLICANT. ITEM 3 LITERAL INTERPRETATION OF THE ENFORCEMENT OF LAND DEVELOPMENT REGULATIONS WOULD DEPRIVE THE APPLICANT RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES. LITERAL INTERPRETATION AND  ENFORCEMENT OF THE LAND DEVELOPMENT CODE WOULD REQUIRE THE APPLICANT TO BUILD WITHIN THE SETBACKS ALLOWED FOR THE CARPORT. AN 18 FOOT WIDE CARPORT COULD BE BUILT AND MEET THE SETBACK REQUIREMENTS ITEM 4 THE VARIANCE IF GRANTED IS THE  MINIMUM VARIANCE NECESSARY TO MAKE POSSIBLE REASONABLE USE OF LAND BUILDING OR STRUCTURE. A MAXIMUM OF THREE FEET OF RELIEF FROM THE TEN FOOT REAR SETBACK

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ANY OTHER QUESTIONS? LEETA. IS THIS CONCRETE BUILDING THERE AT THIS TIME AND YOU'RE JUST EXTENDING IT OR IS THAT GOING TO BE BUILT ALSO. THE CONCRETE BUILDING IS EXISTING. IS THE PANEL GOING ON THAT ROOF ALSO? NO MA'AM. IS THERE A REASON WHY YOU COULDN'T PUT THEM ON THAT ROOF AND NOT [INAUDIBLE]? I COULD SUPPLEMENT BY PUTTING SOME PANELS ON THAT ROOF. BUT AGAIN IT'S ABOUT AREA. AND THAT'S JUST A VERY SMALL SUBJECT. I WAS LOOKING TO TRY TO OFFSET MY ELECTRIC BILL BY HALF. SO THE SIZE OF THIS IS THE TARGET FOR HALF. ANY OTHER QUESTIONS. OK. THANK YOU MR. ROULEAU. THANK YOU. MR. CHAIR.  I GUESS A QUESTION FOR STAFF.

ORDINANCE DOES RESTRICTING THIS NOW IF LET'S JUST SAY THAT JUST BECOMES A SUCCESS IF WE GRANT THIS. IS THERE ANYTHING THEN RESTRICTING THE REST OF THE NEIGHBORHOOD FROM WANTING TO DO THE EXACT SAME THING OR WOULD IT PRETTY MUCH JUST BE THE SAME PROCESS. THEY WOULD HAVE TO ASK TO REQUEST A VARIANCE. THEY WOULD HAVE TO REQUEST A VARIANCE IF THEY WERE REQUESTING IT INTO THE SETBACK. WE'LL OPEN THE PUBLIC HEARING. SORRY. MR. ROULEAU. I GUESS WHEN IT WAS 15 YEARS AGO WHEN I PUT UP THE BUILDING I DIDN'T FORESEE SOLAR CARPORT EXTENSION WHICH REALLY ISN'T AN EXTENSION BECAUSE IT HAS TO BE A COMPLETELY SEPARATE STRUCTURE AND ALSO THE WIND LOADING HAS INCREASED BY A TWO FOLD FROM WHEN THE HOUSE OR THE SHED HAS BEEN PUT UP. SO THE THERE COULD BE A CARPORT OF THE SAME SIZE PUT IN THAT AREA BUT THEY'RE NOT DESIGNED TO HANDLE THOUGH YOU KNOW THE WIND LOAD FOR THE SOLAR PANELS AND THAT'S WHERE ALL THE DOLLARS START REALLY GOING NORTHWARD AS FAR AS THE WIND LOADING AND THE SPREAD FOOTER AND THE ENGINEERING AND OF COURSE THE COST. OKAY.

THANK YOU MR. ROULEAU. THANK YOU SO MUCH. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE APPLICATION? SIR. I MISSED PART OF WHAT YOU SAID IS THERE A CARD I NEED TO SIGN UP HERE. YES. CAN DO THAT AFTER I FINISH? YEAH AND JUST THEN BRING IT BACK TO THE PODIUM. I WILL DO THAT. OK. MY NAME IS LOU JIANNINE AND MY LAST NAME IS SPELLED J I A N N I N E AND I LIVE AT 327 LISA ROAD WHICH IF YOU WERE TO LOOK AT THAT DIAGRAM UP THERE IS DIRECTLY ACROSS THE STREET. SO  STEPPING OUT THE FRONT DOOR OF MY PROPERTY YOU WOULD IMMEDIATELY SEE THE STRUCTURE THAT MR. ROULEAU IS ASKING BE BUILT. AND I'M HERE TO SAY I'M HERE WITH THREE OTHER NEIGHBORS AND THEY'VE KIND OF INFORMALLY APPOINTED ME TO SAY THAT WE ARE FULLY IN SUPPORT OF MR. ROULEAU'S REQUEST. THANK YOU SIR. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THE APPLICATION. ANYONE WHO WE SHOULD SPEAK

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SECOND. WE HAVE A MOTION AND A SECOND ANY FURTHER DISCUSSION? SEEING NONE. ALL IN FAVOR SAY AYE. AYE.  ALL OPPOSED. MOTION CARRIES UNANIMOUSLY.  CONGRATULATIONS MR. ROULEAU. YOU'RE WELCOME. OUR NEXT CASE PLEASE. I DIDN'T SEE YOU SHOW UP. DO YOU WANT TO VOTE ON THIS ISSUE. YOU'RE ABSTAINING.

SO THE MOTION PASSES A SIX TO ZERO WITH DONNY FELIX ABSTAINING. 5 TO NOTHING. YEAH EXACTLY. PATRICK. IS THERE A  REASON STATED FOR THE RECORD OF THE ABSTENTION. I DIDN'T FULLY GET THE WHOLE. I DIDN'T HEAR THE READING. HE ARRIVED LATE.

I UNDERSTAND. THE NEXT CASE ON THE AGENDA IS CASE CP-8-2019. THIS IS A REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT TO CHANGE ONE POINT NINE ACRES FROM RECREATION AND OPEN SPACE USE TO SINGLE FAMILY RESIDENTIAL USE. BACKGROUND. PROPERTY IS LOCATED WEST OF AND ADJACENT TO DUNBAR AVENUE NORTHEAST SOUTH OF [INAUDIBLE] BOULEVARD NORTHEAST. SPECIFICALLY THE SUBJECT PROPERTY IS 456 GRAND AVENUE NORTHEAST 32905 WHICH IS TRACT H PORT MALABAR UNIT 6. LOCATED IN SECTION 34 TOWNSHIP 28, RANGE 37 BREVARD COUNTY FLORIDA. THE ADJACENT ZONING AND LAND USE ARE AS FOLLOWS. PROPERTY IS SURROUNDED BY RS2 SINGLE FAMILY RESIDENTIAL WITH SINGLE FAMILY HOMES. SUBJECT PROPERTY IS PRESENTLY VACANT UNDEVELOPED. THERE ARE TWO VACANT LOTS THAT ABUT THE PARCEL AND THE REMAINDER OF THE LOTS ADJACENT TO THE SITE CONTAINS SINGLE FAMILY DWELLINGS. THE APPLICANT IS IN THE PROCESS OF PURCHASING THE PROPERTY. AN AFFIDAVIT FROM THE CURRENT PROPERTY OWNER ALLOWING THE APPLICANT SUBMIT THIS REQUEST HAS BEEN SUBMITTED AND MADE PART OF THE CASE FILE. ANALYSIS, PER CHAPTER 183 COMPREHENSIVE PLAN REGULATIONS SECTION 183.01B THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF LAND AND RESOURCES TO PROMOTE THE HEALTH SAFETY AND WELFARE OF THE COMMUNITY. ITEM 1 UNDER THIS ANALYSIS IS THE FUTURE LAND USE ELEMENT. THE SINGLE FAMILY RESIDENTIAL USE FUTURE LAND USE CATEGORY ALLOWS FOR A MAXIMUM RESIDENTIAL DENSITY OF 5 UNITS PER ACRE WITH A RANGE OF 0 TO 5 UNITS PER ACRE. TYPICAL USE IS PERMITTED INCLUDES SINGLE FAMILY HOMES RECREATIONAL USES AND INSTITUTIONAL USES SUCH AS SCHOOLS CHURCHES AND UTILITIES SUBJECT PROPERTY IS BORDERED BY SINGLE FAMILY RESIDENTIAL LAND USES ON ALL SIDES. THE APPLICANT INTENDS TO CONSTRUCT ONE SINGLE FAMILY HOME. IT SHALL BE NOTED THAT THE PARCEL MAY ONLY BE SPLIT ONE TIME TO CREATE TWO PROPERTIES WITHOUT HAVING TO FOLLOW THE CITY SUBDIVISION ORDINANCE. ANY FURTHER SPLITS WILL REQUIRE COMPLIANCE AND LEGISLATIVE REVIEW. ITEM 2, COASTAL MANAGEMENT ELEMENT. SUBJECT PROPERTY IS NOT LOCATED WITHIN THE COASTAL MANAGEMENT AREA. ITEM THREE CONSERVATION ELEMENT. THE PARCEL IS NOT LOCATED WITHIN ANY OF FLORIDA SCRUB JAY POLYGONS IDENTIFIED ON THE CITY'S HABITAT CONSERVATION PLAN. NO ADDITIONAL LISTED SPECIES ARE KNOWN TO INHABIT THE SUBJECT PROPERTY ANY LISTED SPECIES IDENTIFIED IN THE SUBJECT PARCEL WOULD NEED TO BE MITIGATED FOR AS REQUIRED BY STATE AND FEDERAL REGULATIONS AND PER COMPREHENSIVE PLAN POLICY CON 1.7B.  SINGLE FAMILY RESIDENTIAL USE DOES NOT HAVE MORE OR EXCUSE ME DOES HAVE MORE OF A DEMAND UPON THE PARKS AND  RECREATION LEVEL OF SERVICE STANDARDS THAN THE RECREATION OPEN SPACE USE. HOWEVER THE NUMBER OF HOMES THAT COULD BE CONSTRUCTED UPON THE PROPERTY WOULD HAVE A DE MINIMUS EFFECT ON THE RECREATION LEVEL SERVICE. IT  SHALL BE NOTED THAT THE RECREATION AND OPEN SPACE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN SETS A LEVEL OF SERVICE STANDARD OF 2 ACRES PER 1000 RESIDENTS. THE CITY MAINTAINS PUBLIC OWNERSHIP OF PARK DESIGNATED LANDS THAT FAR EXCEEDS THIS REQUIREMENT. FURTHERMORE PRIVATELY OWNED LAND WITH A [INAUDIBLE] AND OPEN SPACE LAND USE DESIGNATION MAY NOT BE USED TO MEET THIS LOS. ITEM 4, HOUSING ELEMENT. THE PROPOSED FUTURE LAND USE AMENDMENT DOES NOT ADVERSELY IMPACT THE SUPPLY AND VARIETY OF SAFETY [INAUDIBLE] AND AFFORDABLE HOUSING WITHIN THE CITY. THE AMENDMENT WILL ALLOW THE SITE TO BE USED FOR ADDITIONAL HOUSING. ITEM FIVE CAPITAL IMPROVEMENTS ELEMENT. THE CITY EVALUATES PRESENT AND FUTURE WATER SEWER DRAINAGE AND SOLID WASTE AND ASSESSES THE ABILITY OF INFRASTRUCTURE TO SUPPORT DEVELOPMENT FOR UTILITIES. THE FLU CHANGE WILL NOT CAUSE A LEVEL OF SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE COMPREHENSIVE PLAN FOR THESE SERVICES FOR THE CURRENT PLANNING PERIOD. A FOUR INCH WATER  DISTRIBUTION LINE IS LOCATED ON THE EAST SIDE OF THE PROPERTY. ANY DEVELOPMENT REQUIRE A PERMIT ISSUED BY THE HEALTH DEPARTMENT FOR AN ONSITE SEWERAGE COLLECTION AND TREATMENT SYSTEM I.E. SEPTIC TANK AND DRAIN FIELD. THE PROPERTY CONTAINS NO ACTIVE DRAINAGE FACILITIES AS IT IS UNDEVELOPED. THE APPLICANT PROPOSES TO CONSTRUCT A SINGLE FAMILY HOME. THE STORMWATER DESIGN AND ITS OUTFALL SLASH CONNECTION TO DUNBAR WILL BE EVALUATED AT THE TIME OF BUILDING PERMITS SUBMITTAL. 

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I'M THE APPLICANT WHO IS PROPOSING TO BUY PART OF THE LAND. I SAW IT LISTED ONLINE. I LIKE THE LOCATION BECAUSE I LIVE NOT TOO FAR FROM THEIR. I LIVE LIKE ACTUALLY MAYBE TWO BLOCKS AWAY. LIVING THERE FOR ALMOST TWO YEARS. I LIKE THE NEIGHBORHOOD A LOT. SO I GOT A NICE PIECE OF LAND, I WANT TO BUILD IF YOU GUYS GRANT  ME TO. GET YOU TO FILL OUT ONE OF THE. YES I DID. THANK YOU. JUST PUT IT IN THE BASKET. DOES THE BOARD. HAVE ANY QUESTIONS FOR THE APPLICANT? JUST ONE. AND JUST TO CONFIRM THAT YOU ARE JUST LOOKING TO BUILD YOUR DREAM HOME ON THIS. YES IT'S A NICE SIZE LOT. IT IS. ANY OTHER QUESTIONS? OKAY. THANK YOU MR. BAKSH. ALL RIGHT THANK YOU. AT THIS POINT IN TIME I'LL OPEN THE PUBLIC HEARING IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION? ANYONE WHO WISHED TO SPEAK OPPOSED TO THE APPLICATION. HI I'M FLORENCE RUPERT. I LIVE AT 401 GEORGES AVENUE WHICH ABUTS UP TO THAT PROPERTY RIGHT THERE. THE REASON MY PARENTS BOUGHT THE HOME THAT I NOW OWN IS BECAUSE OF THE PARK. OKAY WE HAVE THERE'S ANIMALS IN THERE THERE'S BEEN SCRUB JAYS IN THERE. THERE HAVE BEEN GOPHER TURTLES IN THERE. OK. MY CONCERN IS ABOUT THE EPA AND HAVING ANOTHER HOUSE WITH A SEPTIC SYSTEM IN IT AND THE LAGOON IS BEING POLLUTED. AND I ALSO MY CONCERN IS IS ABOUT THE DRAINAGE THAT NEEDS TO BE GOING OUT TO DUNBAR AND DOWN AND I WOULD LIKE TO SEE WHAT ST. JOHN'S WATER MANAGEMENT HAS PROPOSED TO MAKE SURE THAT NONE OF OUR HOMES GET FLOODED OUT. THAT'S MY CONCERN. I REALLY WOULD PREFER THAT IT STAYS A PARK FOR THE KIDS IN THE NEIGHBORHOOD WHETHER IT'S JUST A NON DEVELOPED PARK. THE CITY DID OWN THAT PROPERTY. THAT'S WHY WE ALL BOUGHT THERE AND THERE'S OVER 700 PLUS HOMES IN THAT NEIGHBORHOOD AND WE WOULD LIKE THE IT'S NICE AND QUIET. WE'D LIKE IT TO STAY THAT  WAY AND I'LL LET EVERYBODY ELSE TALK. THANK YOU MA'AM. MY NAME'S CARLA MOFFITT AND I LIVE AT 431 GEORGES AVENUE AND THAT IS DIRECTLY ADJACENT TO THIS PROPERTY. I ALSO PURCHASED THE LAND BESIDE ME WHICH IS  421 GEORGES AVENUE. SO I HAVE TWO LOTS THAT ARE DIRECTLY ADJACENT TO THIS PROPERTY. I BOUGHT THE LOT BESIDE ME BECAUSE I HAVE A DRAINAGE ISSUE IN MY BACKYARD AND MY HOUSE WAS BUILT IN 1977. I'VE LIVED IN THAT HOUSE FOR TWENTY THREE YEARS. THE BACKYARD SITS A LITTLE BIT LOW AND WHEN I MOVED IN I WAS THE ONLY HOUSE ON THE STREET. THERE WAS JUST WOOD ALL BEHIND ME AND BESIDE ME NOW WHEN THE HOUSE NEXT DOOR WAS BUILT THEN I STARTED HAVING MORE DRAINAGE PROBLEMS BECAUSE WHAT HAPPENS WITH THAT LAND BACK THERE WHEN IT RAINS A LOT OR WHEN THERE IS A HURRICANE AND THAT WATER IS JUST FILLS UP THAT WHOLE PROPERTY THAT WHOLE PROPERTY RIGHT THERE. AND THEN IT GOES INTO THE LOT NEXT DOOR THAT I PURCHASED AND THEN IT COMES TO MY HOUSE MY BACKYARD. SO IT TAKES A LONG TIME FOR IT GETS TO MY BACK YARD. BUT IF SOMEBODY COMES AND BUILDS SOMETHING WAY HIGHER THAN MY STRUCTURE IS OR MY BACKYARD EVERYTHING IS GOING TO GO DIRECTLY TO MY PROPERTY.

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THERE'S ALL KINDS OF ANIMALS. I SAW A GROUP OF WILD TURKEYS COMING OUT OF THERE THE OTHER DAY AND HOW I DON'T SEE THAT IN MOST NEIGHBORHOODS. YOU KNOW WE HAVE  FLOCKS OF PEACOCKS. WE HAVE ALL KINDS OF WILDLIFE BACK THERE. NOW WHERE ARE THEY SUPPOSED TO GO WHICH YOU KNOW I SIT ON MY BACK PORCH ALL I HEAR IS BIRDS SINGING CHIRPING OF LITTLE ANIMALS AND ALL THIS. AND I DON'T WANT THAT TO GO AWAY. I'VE BEEN THERE TWENTY THREE YEARS AND I LIKE IT. I LIKE HEARING THAT. SO THAT'S MY  CONCERN IS THE DRAINING NEEDS IS A MAIN ONE. AND THE FACT THAT I LIKE THAT SPACE TO BE OPEN FOR THE ANIMALS TOO. THANK YOU. IS THERE  ANYONE ELSE IN THE AUDIENCE WHO WISHES TO  SPEAK MA'AM. SO MY NAME IS TRACY WALES I LIVE IT 2077 KENT STREET. MY PROPERTY BACKS DIRECTLY ONTO THE LAND IN QUESTION AND I PURCHASED MY PROPERTY IN 1986 AGAIN BECAUSE IT WAS ZONED PARKS AND RECREATION. SO WE KNEW NOBODY WOULD BUILD BEHIND. THERE IS A DEFINITE DRAINAGE ISSUE. I'M LOOKING AT SOME MEETING NOTES FROM APRIL 5TH AND 8TH 2010 ADMINISTRATIVE POLICIES OF THE FUTURE LAND USE ELEMENT. AND NUMBER SEVEN TALK SPECIFICALLY ABOUT DRAINAGE ISSUES AND ADMINISTRATIVE POLICY SEVEN PROPOSED USE SHALL NOT CAUSE OR SUBSTANTIALLY AGGRAVATE ANY A SUBSTANTIAL DRAINAGE PROBLEM ON THE SURROUNDING PROPERTIES OR B SIGNIFICANT ADVERSE AND AN UNMITIGATABLE IMPACT ON  SIGNIFICANT NATURAL WETLANDS, WATER BODIES OR HABITAT FOR LISTED SPECIES. I KNOW FOR A FACT THERE'S GOPHER TURTLES THERE BECAUSE THEY ALSO NEST IN MY YARD. I CAN SHOW YOU WHERE I HAVEN'T DISTURBED THE NEST AND I SEE THEM WALK RIGHT BACK TO THAT AREA. AS I SAID IT WHEN WE HAVE A NICE RAINSTORM IT BACKS UP WATER ALL THE WAY TO THE MY HOUSE. MY HOUSE SITS PRETTY HIGH BUT I CAN ONLY IMAGINE WHEN THERE'S A HURRICANE. IT'S LIKE A MOAT. AND SO THE AMOUNT OF FILL YOU KNOW I WOULD DEFINITELY RECOMMEND A SITE EVALUATION AND WE WOULD WANT TO SEE ADEQUATE DRAINAGE AND YOU KNOW WHAT YOU WERE GONNA DO TO PROTECT OUR PROPERTIES IF YOU PUT ANYTHING ON THERE. THANK YOU MA'AM. YES. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK OPPOSED TO THIS APPLICATION. SEEING NONE I WILL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION. CAN WE HAVE A MOTION PLEASE. MOTION TO ACCEPT OUR CASE CP-8-2019.  MOTION TO APPROVE. DO WE HAVE A SECOND? WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION BOARD. WELL YES SIR. I MEAN IT MIGHT HAVE BEEN A LITTLE BIT OFF THE WALL OR OUT OF CONTEXT BUT I WAS GONNA ASK YOU IF YOU COULD BRING THE APPLICANT BACK UP. JUST WANTED TO ASK HIM IF HE WOULDN'T MIND JUST KIND OF MAYBE POINTING TO WHERE HE WANTED TO PUT HIS HOUSE BECAUSE SOMETIMES WHERE THEY PUT THE HOUSE THAT ACTUALLY RESOLVES SOME OF THOSE DRAINAGE ISSUES THAT THEY'RE CONCERNED ABOUT. SO IT WAS I MEAN ACTUALLY IT MIGHT BE A LITTLE BIT ON THE WALLS. YOU NEED TO REOPEN THE PUBLIC HEARING. YEAH WE CAN DO THAT AT THIS POINT. WELL YOU WERE WITH YOU WHILE YOU'RE [INAUDIBLE]. SECOND IS WITHDRAWN.

AND I'LL REOPEN THE PUBLIC HEARING AND ASK THE APPLICANT TO COME BACK TO THE PODIUM PLEASE. YES SIR. THAT'S I SAID IT MIGHT BE A LITTLE BIT OFF THE OFF THE WALL IF YOU DON'T MIND. COULD YOU JUST MAYBE POINT TO THE VICINITY WHERE YOU'RE

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WHAT I NEED A MOTION AGAIN. ALL RIGHT. WELL WITH ALL OF THAT MOTION TO APPROVE CP-8-2019.  SECOND. WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION. SEEING NONE ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIED UNANIMOUSLY. OUR NEXT CASE PLEASE PATRICK. WAS THAT SECONDED BY K? YOU'RE SO QUIET. GIVE ME ONE SECOND DOING HOUSEKEEPING HERE ON THE MOTIONS. NEXT CASE ON THE AGENDA. CASE V-14-2019. THIS IS A REQUEST BY ODYSSEY CHARTER SCHOOL FOR A VARIANCE FROM SECTION 185.042F6 TO INCREASE THE TWENTY FIVE FOOT HEIGHT LIMITATION BY NINE FEET TO CONSTRUCT A GYMNASIUM WITH A MAXIMUM HEIGHT OF THIRTY FOUR FEET. BACKGROUND. SUBJECT PROPERTY CONTAINS THE ODYSSEY JUNIOR SENIOR HIGH SCHOOL CAMPUS WITH A TWO STORY LEARNING FACILITY OF APPROXIMATELY EIGHTY NINE THOUSAND EIGHT HUNDRED AND NINETY FOUR SQUARE FEET THE SUB THE STRUCTURE WAS BUILT IN 2006 THROUGH A PUBLIC PRIVATE PARTNERSHIP AS THE PATRIOT CHARTER SCHOOL, ODYSSEY CHARTER PURCHASED THE PROPERTY IN APRIL 2017 AND SOON OPENED THE CURRENT SCHOOL PROPERTY ZONE NC NEIGHBORHOOD COMMERCIAL AND IS SURROUNDED BY RS2 ZONING WYOMING DRIVE SOUTHEAST ABUTS THE SITE TO THE NORTH VACANT LAND AND SINGLE FAMILY DWELLINGS ARE FOUND IN THE SOUTH EAST AND WEST A FOUR POINT SIX FOUR ACRE CITY OWN RECREATION TRACT EXISTS TO THE WEST.

ANALYSIS VARIANCE FROM THE TERMS OF LAND DEVELOPMENT CODE MAY BE GRANTED WHEN SPECIAL CONDITIONS EXIST THAT WOULD RESULT IN UNNECESSARY HARDSHIP IF THE PROVISIONS OF LAND DEVELOPMENT CODE WERE ENFORCED. ITEM 1 SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE LAND. THE APPLICANT CONTENDS THAT THE SPECIAL CONDITIONS ARE THAT THE REQUEST INVOLVES A HIGH SCHOOL GYMNASIUM WHICH REQUIRES HIGH CEILINGS GYMNASIUM HEIGHTS ARE DRIVEN BY BASKETBALL AND VOLLEYBALL WHICH ARE VERY POPULAR IN HIGH SCHOOL SPORTS. A REGULATION HIGH SCHOOL GYMNASIUM REQUIRES A MINIMUM 25 FEET OF CLEAR SPACE ABOVE THE COURTS. THE PROPOSED LIGHTING RETRACTABLE BASKETBALL ASSEMBLIES AND REQUIRED AIR CONDITIONED SPACE NECESSITATES A HIGHER ROOF FOR BOTH

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ITEM 5. IF GRANTING THE VARIANCE WOULD CONVERT A SPECIAL PRIVILEGE UPON THE APPLICANT. THE INTENT OF THIS ITEM IS THAT OF EQUITY THAT IS STANDARDS IN THE ZONING CODE ARE INTENDED TO BE ADMINISTERED FAIRLY VARIANCES FROM SUCH CODES ARE ISSUED TO PROVIDE RELIEF TO A PROPERTY WHICH IS UNFAIRLY BURDENED. A GYMNASIUM IS A CUSTOMARY ACCESSORY USE ON A TYPICAL HIGH SCHOOL CAMPUS DENIAL OF THE VARIANCE MAY CONFER A HARDSHIP UPON THE APPLICANT BY WAY OF THE INABILITY TO CONSTRUCT AN AMENITY ENJOYED BY OTHER FACILITIES OF LIKE USE IN A SIMILAR SITUATION. ITEM SIX GRADING THE VARIANCE WILL BE IN HARMONY AND GENERAL [INAUDIBLE] PURPOSE OF THE CODE.

THE PLANNING AND ZONING BOARD AND CITY COUNCIL SHALL DETERMINE IF THE VARIANCE REQUESTED IN THIS APPLICATION IS IN KEEPING WITH THE GENERAL INTENT OF THE  APPLICABLE SECTIONS OF THE LAND USE DEVELOPMENT CODE. ITEM 7, [INAUDIBLE] STAFF HAS NOT RECEIVED ANY CLAIMS MADE UPON THE PROPERTY OF RESPECT TO THIS ACT. AND STAFF CONCLUSION IS FOR THE PLANNING AND ZONING BOARD WOULD DETERMINE IF THIS VARIANCE MEETS THE WARRANTS OF THIS CRITERIA. BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU PATRICK. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF. YES SIR. PATRICK OR CHRIS DO WE HAVE ANY IDEA OF WHAT THE HEIGHT IS FOR THE GYMS AT MAYBE HERITAGE OR THE GYM  OF PORT MALABAR. THE CITY'S GYM ON PORT MALABAR. YES,  SIR. I CAN'T TELL YOU THE EXACT ACTUAL HEIGHT IS BUT BOTH THE GYMS WOULD EXCEED TWENTY FIVE FEET. EXCEEDS 25. ANY OTHER QUESTIONS.

BOTH OF THOSE GYMNASIUMS WERE BUILT IN ZONING CATEGORIES THAT DIDN'T HAVE A MAXIMUM OF TWENTY FIVE FOOT HEIGHT. WILL  THE APPLICANT OR HIS REPRESENTATIVE PLEASE COME TO THE PODIUM. THANK YOU. JAKE WISE CIVIL ENGINEER FOR THE PROJECT BUSINESS ADDRESSES 2651 WEST OAK ALLEY BOULEVARD IN MELBOURNE FLORIDA. SO THIS IS A SITE THAT HAS BEEN HERE FOR A COUPLE OF DECADES. IT'S BEEN A SCHOOL ALL THESE YEARS. IRONICALLY IT WAS FIRST DEVELOPED BY THE CITY OF PALM BAY AND THE ODYSSEY CHARTER SCHOOL TOOK IT OVER SOMETIME LATER. WE WENT BACK AND RESEARCHED THE ORIGINAL SITE PLAN APPROVAL AND IT ACTUALLY HAD A GYMNASIUM. IT WAS CALLED THE DOUBLE HEIGHT GYMNASIUM ON IT AND IT WAS THERE FOR JUST SHOWN TO THE EAST OF THE SCHOOL THAT WAS CONSTRUCTED. SO THIS WAS ORIGINALLY APPROVED TO HAVE A GYMNASIUM ON IT. WE'VE DESIGN GYMNASIUMS ALL THE TIME WE DO THEM AS PART OF SCHOOLS WE DO THEM SEPARATELY. WE HAVE ONE UNDER CONSTRUCTION RIGHT NOW FOR PINEAPPLE COVE HIGH SCHOOL ON [INAUDIBLE] ROAD JUST AROUND THE CORNER RIGHT HERE.

SCHOOLS ARE A GREAT GREAT NEIGHBORHOOD USE. AS I SAID THIS ONE'S BEEN HERE FOR A COUPLE OF DECADES SO WE'RE NOT SNEAKING UP ON ANYBODY AND WE ACTUALLY LOCATED THE GYM RIGHT IN THE MIDDLE OF THE SITE AS FAR AWAY AS WE COULD EAST AND WEST FROM THE EXISTING RESIDENTS EVEN FURTHER AWAY THAN THE ORIGINAL SITE PLAN HAS IT INTERESTING ENOUGH TOO IF YOU HAVEN'T BEEN BY THE SITE THE SCHOOL ITSELF IS A TWO STOREY SCHOOL AND IT EXCEEDS TWENTY FIVE FEET IN HEIGHT. SO WE REALLY FEEL LIKE WE'RE PRETTY COMPATIBLE WITH THE CAMPUS THAT'S BEEN THERE AS LONG AS IT HAS BEEN. I BROUGHT A COLOR RENDERING OF WHAT THE GYMNASIUM IS SUPPOSED TO LOOK LIKE. MAY I  APPROACH THE BOARD. THANK YOU FOR PASSING IT DOWN. SO IF YOU GET A CHANCE TO LOOK AT WHAT IT LOOKS LIKE IT'S GOT A VERY MODERN LOOK. IT'S A GREAT ADDITION TO THE CAMPUS. IT ACTUALLY LOOKS LIKE WITH THE CANOPIES A SINGLE STOREY BUILDING WITH THIS SECOND STOREY PART OF IT TOWARDS THE BACK IT IS PHYSICALLY A SINGLE STOREY BUILDING BECAUSE OF THE CEILING HEIGHT THAT WAS MENTIONED IN THE STAFF REPORT. IN ORDER TO BE ABLE TO PLAY SOME OF THE MOST COMMON INDOOR SPORTS BASKETBALL VOLLEYBALL WE DO HAVE TO HAVE THOSE MINIMUM CEILING HEIGHTS BASICALLY IT'S USELESS AS A

[00:40:01]

YES SIR MR CHAIR. YOU MENTIONED PINEAPPLE COVE. THE GYM, THE GYMNASIUM.IT EXCEEDS 25 FEET? YES IT DOES. I'VE NEVER DONE A GYMNASIUM PROBABLY DESIGN 20 TO 25 OF THEM THAT DIDN'T. ANY OTHER QUESTIONS? SEEING NONE, THANK YOU JAKE. THANK YOU. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE APPLICATION? ANYONE WHO WISHES TO SPEAK OPPOSE THE APPLICATION. SEEING NONE, I'LL CLOSE THE  PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION. MOTION PLEASE. MOTION TO APPROVE V-14-2019. SECOND WE HAVE MOTION AND A SECOND. I JUST WANT TO SAY THAT I AGREE WITH JAKE. THIS WILL BE A GREAT ADDITION TO THE ODYSSEY CHARTER AND TO THE COMMUNITY. SO ALL IN FAVOR SAY AYE. AYE. ALL  OPPOSED. MOTION CARRIES UNANIMOUSLY. NEXT CASE PLEASE. OUR NEXT CASE IS CASE CP-10-2019 THE APPLICANT IS REQUESTING A LARGE SCALE COMPREHENSIVE PLAN AND FUTURE LAND USE MAP AMENDMENT TO CHANGE TWENTY ONE POINT EIGHTY THREE ACRES OF INDUSTRIAL USE AND COMMERCIAL USE TO BAYFRONT MIXED USE. ANALYSIS PER CHAPTER 193  COMPREHENSIVE PLAN REGULATIONS SECTION 183.01B THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF LAND AND RESOURCES TO GROW THE HEALTH SAFETY AND WELFARE OF THE COMMUNITY. ITEM ONE FUTURE LAND USE ELEMENT. THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOAL FLU-1 TO ENSURE A HIGH QUALITY DIVERSIFIED LIVING ENVIRONMENT THROUGH THE EFFICIENT DISTRIBUTION OF COMPATIBLE LAND USES THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOAL FLU-2 IS TO PROVIDE FOR AND MAINTAIN VIABLE NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENT TO MEET THE EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF PALM BAY. COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOAL FLU-3 IS TO PROVIDE FOR ECONOMICALLY VIABLE COMMERCIAL AREAS WHICH PROMOTE A SOUND AND DIVERSIFIED LOCAL ECONOMY AND SERVE THE RETAIL AND SERVICE NEEDS OF THE CITY  RESIDENTS. COMPREHENSIVE PLAN FUTURE LAND USE GOAL FLU-8 IS PROVIDE FOR A DIVERSE AND SELF SUSTAINING PATTERN OF LAND USES WHICH SUPPORT THE PRESENT AND FUTURE POPULATION OF THE CITY OF PALM BAY. THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOAL FLU-9 IS TO CREATE LARGE SCALE SUSTAINABLE MIXED USE COMMUNITIES SUBJECT PARCELS ARE LOCATED WITHIN AN EXISTING INDUSTRIAL AND COMMERCIAL AREA. THE INTENDED USE FOR THE TWENTY ONE POINT EIGHT THREE ACRE PARCEL IS A MIX OF MULTIFAMILY RESIDENTIAL DEVELOPMENT AND COMMERCIAL USES. THE PROPOSED LAND USE AMENDMENT WOULD BE CONSIDERED COMPATIBLE WITH THE SURROUNDING LAND USES BY PROVIDING A TRANSITION BETWEEN THE COMMERCIAL AND INDUSTRIAL LAND USES BY PROVIDING A HIGH QUALITY DIVERSIFIED LIVING ENVIRONMENT. THE DEVELOPMENT WILL FURTHER THE GOALS BY PROVIDING A MIX OF ALLOWABLE USES ON A PROPERTY THAT HAS BEEN UNUSED AND BLIGHTED FOR MANY YEARS TO THE COASTAL MANAGEMENT ELEMENT. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN THE COASTAL MANAGEMENT AREA. ITEM THREE CONSERVATION ELEMENT.

THROUGH CONSERVATION APPROPRIATE USE AND PROTECTION OF NATURAL RESOURCES. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN ANY FLORIDA SCRUB JAY POLYGON IS IDENTIFIED IN THE CITY'S HABITAT CONSERVATION PLAN AND OTHER PROTECTED SPECIES ARE KNOWN TO INHABIT THE SUBJECT PROPERTY ANY PROTECTED SPECIES THAT WOULD BE FOUND ON THE SUBJECT PROPERTY WOULD NEED TO BE MITIGATED FOR AS REQUIRED BY STATE AND FEDERAL REGULATIONS AS PER COMPREHENSIVE PLAN POLICY CON-1.7B.

RECREATION, THE PROPOSED FUTURE  LAND USE AMENDMENT WOULD NOT EXCEED THE EXISTING PARK LAND OR RECREATION LEVEL OF SERVICE STANDARDS FOR THE PLANNING AREA. ITEM 4 HOUSING ELEMENT. THE PROPOSED FUTURE LAND USE AMENDMENT DOES

[00:45:01]

THE OBJECTS OF THE COMPREHENSIVE PLAN TRANSPORTATION ELEMENT ARE TO PROVIDE A SAFE BALANCED AND EFFICIENT TRANSPORTATION SYSTEM THAT MAINTAINS ROAD WAY LEVEL OF SERVICE AND ADEQUATELY SERVES THE NEEDS OF THE COMMUNITY. IF DEVELOPED A TRAFFIC IMPACT ANALYSIS WILL BE REQUIRED TO DETERMINE ANY NEGATIVE IMPACTS ON THE EXISTING TRANSPORTATION SYSTEM ALONG WITH ANY SUGGESTED IMPROVEMENTS WHICH WILL BE TAKEN UNDER CONSIDERATION DURING THE SITE PLAN REVIEW AND APPROVAL PROCESS.

CONDITIONS. CONDITION ONE FUTURE DEVELOPMENT WILL BE RESTRICTED TO WRITE IN WRITE OUT DRIVEWAY CONNECTION TO RJ CONLAN. CONDITION TWO A TRAFFIC STUDY WILL BE REQUIRED AND WILL BE REVIEWED DURING THE ADMINISTRATIVE STAFF APPROVAL PROCESS TO DETERMINE ANY IMPACTS TO THE ADJACENT ROAD NETWORK AND ANY IMPROVEMENTS NECESSARY TO MITIGATE SUCH IMPACTS WITH EMPHASIS ON ACCESS MANAGEMENT. ITEM 3. A PHASE 1 ENVIRONMENTAL STUDY WILL BE REQUIRED AT THE TIME OF ANY DEVELOPMENT PROPOSAL AND CONDITION FOR NO RESIDENTIAL STRUCTURE SHALL BE PLACED WITHIN 100 FEET OF THE EXISTING BUSINESSES THAT FRONT ROWENA DRIVE. STAFF RECOMMENDATION CASE CP-10-2019 RECOMMENDED FOR APPROVAL SUBJECT TO STAFF COMMENTS CONTAINED IN THIS REPORT BEING SAID I'D BE HAPPY TO ANSWER ANY QUESTIONS AND THE APPLICANT REPRESENTATIVES AND THE APPLICANT IS IN ATTENDANCE. THANK YOU CHRIS. THE BOARD HAVE ANY QUESTIONS FOR STAFF? YES SIR. I THOUGHT SO. CHRIS UNDER ITEM FOUR. YES. WHEN YOU COME DOWN TO HIGHER INTENSITY RESIDENTIAL AND MIXED LAND USE THIS CAN YOU GIVE ME A BETTER IDEA WHAT WE OF WHAT YOU'RE WHAT WE'RE TRYING TO SAY THERE. I MEAN IS THERE A CERTAIN PERCENTAGE OF RESIDENTIAL VERSUS COMMERCIAL THAT'S GOING TO GO INTO THAT  PARCEL? IN THE NEXT CASE IT'S FURTHER GOVERNED BY THE ZONING THE LAND USE CATEGORY WHICH IS IN FRONT OF YOU RIGHT NOW IT IS BAYFRONT MIXED USE WHICH ALLOWS A MIXED USE OF MULTIFAMILY AND COMMERCIAL USES. THANK YOU. ANY OTHER QUESTIONS. I JUST WANTED TO UNDERSTAND I KNOW WE ALWAYS LOOK AT THE SCHOOL BOARD IMPACT BUT DO WE LOOK AT THE POLICE AND FIRE OR IS THAT A ISSUE? WE LOOK AT IT AS AN OVERALL AS THE DEVELOPMENT ACTUALLY DEVELOPS IT PAYS IMPACT FEES WITH FURTHER TO GO AND SUPPORT THOSE TYPE OF SERVICES POLICE FIRE PARKS AND EVERYTHING. AND DO WE HAVE AN IDEA OF HOW MANY UNITS [INAUDIBLE] HERE. NOT ON THE LAND USE ON THE ZONING IT FURTHER RESTRICTS. AGAIN BOARD. THIS IS TO WE'RE JUST CONSIDERING COMPREHENSIVE PLAN RIGHT NOW. ANY OTHER QUESTIONS FOR STAFF. NONE. YES SIR. JAKE YOU'RE UP. THANK YOU. JAKE WISE CIVIL ENGINEER FOR THE PROJECT BUSINESS ADDRESSES 2651 WEST [INAUDIBLE] BOULEVARD. I'M GOING TO ALLOW MOST MY TIME TO OUR PROJECT PLANNER TO TALK ABOUT IT BUT IT JUST IN GENERAL FOR THE SITE I'VE BEEN COMING TO THESE P&Z MEETINGS PLANNING AND ZONING MEETINGS FOR 20 YEARS I'VE BEEN DRIVING PAST THIS SITE LOOKING AT IT AND IT'S JUST HORRIBLE CONDITION. EVERY TIME I DRIVE UP ROBERT CONLAN I LOOKED DOWN OVER THERE AND I

[00:50:04]

THIS IS IN THE 20 YEARS I'VE BEEN DRIVING PAST THIS SITE THE RIGHT PROJECT AT THE RIGHT TIME IN THE RIGHT LOCATION. IT'S GOT A BEAUTIFUL VISTA VIEW OF THE WATER.

YOU'VE GOT NORTH GATE RIGHT AROUND THE CORNER WHICH IS GOING UP FAST NEXT TO INDUSTRIAL NEXT TO THE RAILROAD TRACKS NEXT TO SOME EXISTING RESIDENTIAL RV PARK BACK THERE AND THAT PROJECT LOOKS LIKE IT'S GOING TO BE GREAT MOVING FORWARD WE THINK THIS ONE HAS A LOT MORE POTENTIAL EVEN THAN THAT ONE. SO WITH THAT I'M GOING TO TURN IT OVER TO OUR PLANNER BUT I DID WANT TO EMPHASIZE IF APARTMENTS OR SOMETHING LIKE THAT COMES IN THAT IS A COMMERCIAL PROJECT THAT IS JUST MORE REVENUE GENERATED FROM THE CITY AND WE THINK THIS PROJECT HAS A WHOLE LOT OF GREAT POTENTIAL. SO WITH THAT ZONING AND LAND USE AND THE WAY THAT IT'S SET UP IN THE COMPREHENSIVE PLAN WE JUST THINK IT'S A GREAT SITE. SO WE DON'T HAVE ANY SITE PLANS BECAUSE IT'S STILL EARLY. WE'RE JUST GETTING STARTED. WE'RE LOOKING AT THE MARKET STUDIES TO SEE WHAT WOULD BE BEST BUT WE REALLY ARE EXCITED BY THE OPPORTUNITY TO SEE THIS SITE GET CLEANED UP AND DO SOMETHING WITH IT. SO THAT'LL HAVE BRENDA YATES TALK ABOUT IT. GOOD EVENING BRENDA YATES WITH YATES AND COMPANY 255 ALHAMBRA CIRCLE CORAL GABLES. I WOULD LIKE TO SAY THAT THE STAFF REPORT WE DO CONCUR WITH ESPECIALLY THE CONDITIONS WHICH REQUIRE THE TRAFFIC STUDY. THE PHASE 1 ENVIRONMENTAL AND THE SETBACK FOR THE 100 FOOT FROM THE  RESIDENTIAL STRUCTURES. THE TRAFFIC STUDY IS IMPORTANT CAUSE IT WILL HELP TO DETERMINE WHERE THAT RIGHT IN RIGHT OUT WILL BE ON RJ CONLAN AS WELL AS THE DRIVEWAY CONNECTIONS ON DIXIE HIGHWAY. THERE IS CURRENTLY ONE THERE FOR THE HOTEL MOTEL THAT WAS THERE BUT WE'LL BE LOOKING AT THAT AS WE GO TO THE SITE PLAN LEVEL AS TO WHERE THE ENTRANCES WILL BE. THE BAYFRONT COMMUNITY  REDEVELOPMENT DISTRICT PLAN IDENTIFIES THIS PROPERTY WITHIN THE RIVERVIEW DISTRICT IT IS VACANT INDUSTRIAL LAND AND SOME PROPERTIES WERE DEFINED AS BLIGHTED WITH POOR VISUAL APPEAL AND A NEGATIVE IMAGE. OBVIOUSLY OUR GOAL IS TO CREATE A MULTI FUNCTIONAL RIVERFRONT OVERVIEW PROPERTY CONSISTENT WITH THE MIXED LAND USE AT THE BAYFRONT DISTRICT HAS BEEN PROPOSED WITH. IN 1994 THE CITY COMPLETED ITS FIRST FINDING FOR USES TO CREATE THIS BOARD AND IN 1999 THE BCA DID ADOPT THE FIRST DEVELOPMENT PLAN IN 2010 THE CITY OF PALM BAY DID A UPDATE OF THE REDEVELOPMENT DISTRICT PLAN AND AGAIN THIS PROPERTY IS IN THE MIDDLE OF IT. WE WOULD LIKE TO SAY THAT THE SITE PLAN IS DESIGNED TO CREATE COMMERCIAL ENTITY WITH THE RESIDENTIAL USES THEY WILL NOT BE SINGLE FAMILY AND THEY WILL BE OWNED BY THE DEVELOPER THEREFORE THERE WON'T BE INDIVIDUAL POOLS OR INDIVIDUAL WATER SYSTEMS IT WILL BE A COMMERCIAL ENTITY MAINTAINED BY THE DEVELOPER. THERE ARE OBVIOUSLY TWO OTHER PROJECTS THAT HADN'T BEEN DEVELOPED IN THE LAST FEW YEARS WITHIN THIS AREA TO SUPPORT THE BAYFRONT DISTRICT AND WE DO BELIEVE THAT WE'RE COMPATIBLE WITH THAT AND WE WOULD BE INCREASING TAX BASE AND REDUCING THE BLIGHTED AREA. ONE STATEMENT THAT I SAW IN THERE THAT I DID WANT TO MENTION WAS THAT WITHIN THE CITY WE CURRENTLY HAVE INDUSTRIALLY ZONED 1,920 ACRES OF INDUSTRIAL PROPERTIES. I THINK THE CITY TOOK THAT INTO CONSIDERATION WHEN THEY LOOKED AT ALL THE CHANGES THEY WANTED TO DO A LONG DIXIE. AND ONE OF THE OTHER POINTS ON THE HUNDRED FOOT SETBACK WHICH I THINK IS IMPORTANT IS IN YOUR LDC SECTION 185 WHICH IS YOUR HEAVY INDUSTRIAL DISTRICT IT DOES ALLOW CHEMICAL FACILITIES OTHER PRODUCTION FACILITIES AS A CONDITIONAL USE AND THOSE CONDITIONAL USES

[00:55:05]

I CAN HELP WITH THAT ONE TOO. SO ROBERT CONLAN IS ACTUALLY A CITY ROAD. AND SO WE WORK CLOSELY WITH STAFF AND WOULDN'T BE ANYTHING MORE THAN A WRITE IN RIGHT OUT DRIVEWAY. I WOULD BE SAFELY PUSHED BACK. THERE'S MULTIPLE LANES THERE. THERE'S DOUBLE RIGHT TURN LANES THERE. THERE'S A BIG TRANSITION AREA. SO IF WE CAN WORK SOMETHING OUT THAT WE WOULD PROBABLY SIMILAR TO THE NORTH GATE DRIVEWAY JUST  AROUND THE BEND THERE WOULD BE SOMETHING LIKE THAT. BUT THE MAIN FOCUS OF ACCESS WOULD BE OFF OF US 1 DEFINITELY AND THE EXISTING DRIVEWAYS PRETTY CLOSE TO ROBERT CONLAN, SO WE VISION PUSHING THAT FURTHER TO THE NORTH TO MAKE IT SAFER THAN WHAT IT IS TODAY. US 1 IS AN FDOT  JURISDICTION SO WE'D BE WORKING WITH THEM AND THE CITY HAND IN HAND FOR ANY DRIVEWAY CONNECTIONS THERE AND JUST LIKE THE STAFF REPORT SAYS TRAFFIC STUDIES ARE GOING TO BE KEY TO THE SUCCESS OF THIS PROJECT. SO THAT WOULD BE PART OF ALL OF THAT. AND SO WE WOULD HAVE TWO ENTITIES WORKING TOGETHER WORKING WITH US WITH DOT AND THE CITY FOR ANY PROPOSED DRIVEWAY CONNECTIONS THAT WE WOULD PROPOSE AT ALL THERE. BUT FOR US IT'S NOT JUST ABOUT THE TRAFFIC WITH THE VEHICULAR VEHICLES THE TRAFFIC. IT'S REALLY ABOUT PEDESTRIANS TOO. WITH THAT RIVERFRONT WALK WITH THE IMPROVEMENTS PLANNED IN THAT AREA. WE'LL HAVE A LOT OF PEOPLE THAT WOULD HOPEFULLY INSTEAD OF GETTING ON THE ROAD WOULD STAY THERE BECAUSE IT IS INTENDED TO BE A MIXED USE. WE'LL HOPEFULLY HAVE A SAFE CROSSWALK  WHERE RAYTHEON EMPLOYEES WILL BE COMING OVER AS WELL TO UTILIZE THE COMMERCIAL PORTIONS OF IT. HOPEFULLY YES SOME OF THEM WILL LIVE THERE TOO. SO THAT'S ALL PART OF WHAT WE WOULD BE DOING AS A SITE PLAN MOVES FORWARD. AS I SAID IT IS JUST PRELIMINARY AT THIS TIME. AND IF YOU DO NOTICE THE MAJORITY OF THE FRONT OF THE SITE IS ALREADY COMMERCIAL AND HAS A ZONING ON IT THAT ALLOWS A LOT OF WHAT WE'D LIKE TO  DO. THE INDUSTRIALS THE REAR PORTION OF THE SITE AND TYPICALLY WITH A PROJECT LIKE THIS WE PROBABLY HAVE MORE OF THE STORMWATER IN THE INDUSTRIAL PORTION OF THE STORMWATER TREATMENT AND BUFFERING THE RAILROAD TRACKS FOR EXAMPLE. SO REALLY A LOT OF WHAT WE'RE ASKING TO DO WE REALLY DO HAVE SOME OF THE ZONING AND LAND USE ON THE PROPERTY BUT WE WANT TO BE ABLE TO TAKE ADVANTAGE AND UTILIZE WHAT'S BEEN PLANNED FOR THE SITE FOR THOSE 20 YEARS THAT I'VE BEEN DRIVING PAST IT. SO THANK YOU FOR THAT QUESTION. ANY OTHER QUESTIONS I STILL HAVE A QUESTION PLEASE.

THAT CORNER ONTO, THAT DRIVEWAY OUT ON TO   CONLAN IS A REALLY A BLIND TURN THERE.

PEOPLE COME AROUND THAT 40, 50 MILE AN HOUR AND HOW CLOSE TO ROUTH 1 ARE YOU GOING TO BE? DOT HAS CERTAIN STANDARDS SET BACKS. WE WOULD MEET OR EXCEED ALL OF THOSE. AND THAT'S SOMETHING THAT WOULD WORK WITH CITY AND DOT ON I DON'T KNOW

[01:00:05]

BUT YEAH WE WOULD ANTICIPATE THE MAIN DRIVEWAY WOULD BE ON TO US 1. AND IT COULD BE A LOT OF DIFFERENT WAYS TO DEVELOP THAT DRIVEWAY TO MAKE IT AS SAFE AS POSSIBLE.

THANK YOU. LET ME JUST POINT OUT SOMETHING DON TOO IS THAT A TRAFFIC STUDY IS GOING TO HAVE TO BE DONE AND THAT WILL ADDRESS A LOT OF THESE QUESTIONS THAT YOU HAD. ANY OTHER QUESTIONS. THANK YOU JAKE YOU'LL BE BACK. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK AGAINST THIS APPLICATION? MR. CHAIRMAN MEMBERS OF THE BOARD. MY NAME IS JACK [INAUDIBLE]. MY OFFICE ADDRESS IS 5205 BABCOCK STREET. I REPRESENT FAR RESEARCH INC. WE'RE HERE IN OPPOSITION TO THIS REQUEST. GIVE ME SOME BACKGROUND INFORMATION ON FAR RESEARCH INC. THEY WERE JUST WRITTEN UP THIS PAST MONTH BREVARD BUSINESS NEWS. THEY OWN APPROXIMATELY FIVE POINT ONE SEVEN ACRES CONTAINING APPROXIMATE TWENTY THOUSAND SQUARE FEET OF BUILDINGS LOCATED JUST IMMEDIATELY ADJACENT TO AND WEST OF THE SUBJECT PARCEL. FAR IS A LEADER IN MANUFACTURING MULTI-STEP CHEMICAL SYNTHESIS AND HANDLING HIGHLY ACTIVE MATERIALS USED IN PHARMACEUTICALS COATINGS ADHESIVES COMPOSITES FLAVORS AND FRAGRANCES. I'M NOT SURE WHAT ALL THAT MEANS BUT I THINK IT'S SIGNIFICANT TO NOTE. BASICALLY ALSO THE CAPACITY TO PLANT IN PALM BAY IS INCREASED BY 40 PERCENT IN 2018 AND IS EXPANDED BY ADDING SPECIALIZED EQUIPMENT PERSONNEL TO SUPPORT A MOVE TO 24 HOURS A DAY SEVEN DAYS A WEEK OPERATION.

THEY EMPLOY 30 EMPLOYEES EXPECT INCREASED WORKFORCE IN PALM BAY BY 50 PERCENT OVER THE NEXT YEAR. THEY HAVE HAZARDOUS MATERIALS AND CHEMICALS ON SITE THAT ARE CONTROLLED BY THE FEDERAL ENVIRONMENT ENVIRONMENTAL PROTECTION AGENCY A DISCHARGE OF THOSE CHEMICALS CAN BE EXTREMELY DANGEROUS AS THERE. IT IS. THEY MOVED IN THAT LOCATION IN A HEAVY INDUSTRIAL AREA TO MINIMIZE ANY POTENTIAL IMPACT AS A RESULT OF THE DISCHARGE. ANY DISCHARGE WOULD BE BY THE AIR SO THEY'VE BEEN THERE SINCE 1983 AND THEY SPECIFICALLY CHOSE THAT LOCATION BECAUSE IT WAS THE BACK OF AN INDUSTRIAL PROPERTY. THIS PROPERTY ORIGINALLY  WAS [INAUDIBLE] CONCRETE PLANT. SO IT'S ALWAYS BEEN INDUSTRIAL. IN ADDITION TO PALM BAY FAR RESEARCH HAS PROPERTIES IN MASSACHUSETTS NEW JERSEY AND IN FRANCE. THE APPLICATIONS IN MY OPINION ARE MISLEADING. NOT IN WHAT THEY SAY BUT IN WHAT THEY DON'T SAY. I THINK IT'S CRITICAL THAT THIS BOARD AND STAFF HAS IMPORTANT INFORMATION TO MAKE A DECISION WHETHER IN FACT THE USE OF THIS JOINING PROPERTY PARTICULARLY AS MULTI-FAMILY IS CONSISTENT WITH A COMPREHENSIVE PLAN AND IS IN THE BEST INTERESTS OF THE RESIDENTS WHO WOULD LIVE THERE. THE APPLICATIONS DON'T INCLUDE INFORMATION DEALING WITH THE USE OF THE PROPERTY. THE ADJACENT PROPERTY. THE COMPREHENSIVE PLAN REQUIRES THAT BE TAKEN INTO ACCOUNT THE ADJACENT PROPERTY AND COMPATIBILITY OF BOTH PARCELS. ALSO THERE'S A TECHNICAL DEFICIENCY IN MY OPINION SECTION 51.07C1 OF THE CODE REQUIRES TWO SIGNS TO BE LOCATED ON STREET FRONTAGE WHERE THERE'S A CORNER LOT THERE IS ONLY ONE SIGN ON THE VERY CORNER OF THIS PROPERTY. IF YOU'RE FAMILIAR WITH THE PROPERTY AND I GO THROUGH THAT THERE EVERY DAY YOU GO BY 40 50 MILES AN HOUR THERE ARE NOT TWO SIGNS THERE SHOULD BE ONE FRONTING ON US 1, ONE ON ROBERT CONLAN AND THERE'S ONE RIGHT AT THE CORNER. THAT IS THE ONLY SIGN THAT THAT IS A TECHNICAL  DEFICIENCY. ALSO FOR THE STATUTES DEALING WITH COMPREHENSIVE PLAN 163.3177  [INAUDIBLE] REQUIRES COMPATIBILITY WITH ADJACENT PROPERTY WHEN YOU DO A COMPREHENSIVE PLAN AMENDMENT. IT HAS TO BE COMPATIBLE WITH ADJACENT PROPERTY. THE STAFF REPORT DEALING WITH THE COMPREHENSIVE  PLAN AMENDMENT PROVIDES FOR QUOTE PROPOSED LAND USE AMENDMENT WOULD BE COMPATIBLE WITH THE SURROUNDING LAND USES BY PROVIDING TRANSITION BETWEEN COMMERCIAL AND INDUSTRIAL USES BY PROVIDING A MIX OF

[01:05:03]

ON THE OTHER HAND. I HAVE HAD THE OPPORTUNITY NOW TO REALLY UNDERSTAND WHAT FAR DOES HERE ARE A INTERNATIONAL COMPANY. THEY ARE HIGHLY SOPHISTICATED IN THE AREAS

[01:10:06]

THEY WERE OUR GUIDE FOR THE FUTURE BUT THEY'RE FLEXIBLE THEY CAN ALWAYS BE CHANGED AND AMENDED. I ALSO KNOW THAT WHEN YOU INVEST THIS KIND OF MONEY IN AN EFFORT BECAUSE YOU WANT TO PROTECT THOSE AROUND YOU BECAUSE OF WHAT YOU DO IS OF A VERY HIGHLY AND SENSITIVE NATURE YOU RELY ON THOSE PROTECTIONS. SO I YOU KNOW I UNDERSTAND PEOPLE THAT SAY YOU KNOW TIMES HAVE CHANGED. WE NEED TO GO WITH IT. WE NEED TO REDEVELOP BUT AGAIN THIS IS JUST IN MY OPINION A TOTAL LACK OF DUE  DILIGENCE ON BEHALF OF THESE BUYERS TO COME IN AND TO ACTUALLY PROPOSE WHAT TO ME IS THE MOST INCOMPATIBLE INCONSISTENT USE THAT YOU COULD PUT NEXT TO HAZARDOUS HEAVY INDUSTRIAL USES AND YOU'RE GOING TO PUT RESIDENTS THERE AND THEY'RE GOING TO PUT THEM ALL THE WAY THEY'RE GOING TO BE A HUNDRED FEET AWAY. THAT IS NOTHING AND I MEAN WHEN I'M ON THE OTHER SIDE I SAY OH A HUNDRED FEET BOY THAT'S THAT'S A BIG BIG BUFFER YOU KNOW I MEAN GOSH 50, 25 IS USUALLY WHAT WE WANT. NOT WITH THE TYPES OF CHEMICALS AND PRODUCTS WE'RE DEALING WITH. THESE THINGS ARE AIRBORNE. THIS IS NOT SOMETHING WHERE YOU WOULD USE  YOUR TYPICAL PLANNING PROCEDURES AND SAY WE NEED TO PUT UP A HEDGE LET'S DO A WALL LET'S DO A RETENTION POND THAT IS NOT WHAT WE'RE TALKING ABOUT HERE. THE OTHER THING THAT IS STRIKING IS THAT WHETHER YOU REQUIRE IT OR NOT IF YOU'RE GOING TO PUT TOGETHER A VERY HIGHLY COMPLEX SOPHISTICATED MULTI USE DEVELOPMENT ON THIS SITE AND YOU DON'T HAVE THE FIRST CONCEPT PLAN SITE PLAN ANYTHING YOU'RE GOING TO DO ALL THESE STUDIES LATER YOU HAVEN'T DONE ANYTHING ABOUT HAZARDOUS MATERIALS NO TRAFFIC NO NOTHING. THAT'S A PIG IN A POKE. I'M SORRY BUT THAT IS NOT GOING TO GET IT. AND FOR THEM TO COME IN AND WANT TO DO THIS NEXT TO THIS SITE I REALLY THINK FLIES IN THE FACE OF ALL OF YOUR PRINCIPLES IN TERM OF GOOD PLANNING POLICY GOOD PLANNING PRINCIPLES AND I WOULD JUST CITE FROM YOUR OWN YOU KNOW A FUTURE LAND USE OBJECTIVE, LAND DEVELOPMENT  REGULATION SHALL INCLUDE PROVISIONS TO PREVENT ENCROACHMENT OF NON INDUSTRIAL USES IN AREAS RESERVED FOR INDUSTRIAL DEVELOPMENT AND THERE IS A REASON IT'S THERE IS TO PROTECT THOSE OWNERS  THOSE INDUSTRIAL FACILITIES BUT PRIMARILY IS TO PROTECT THE PUBLIC. AND I THINK OUR PEOPLE WORK THEY'RE HERE TO ANSWER QUESTIONS. IT IS I SAID IT'S A VERY HIGHLY TECHNICAL OPERATION BUT THEY HAVE TO COMPLY WITH STATE LOCAL FEDERAL REGULATIONS, THESE ARE ON EPA HAZARDOUS LIST OF MATERIALS BEING PRODUCED. SO MAYBE WE NEED TO FIND MORE ABOUT WHO ARE COMMUNITY PLAYERS ARE AND WHAT IS REALLY GOING ON. BEFORE YOU PUT RESIDENTS NEXT TO THEM WHICH TO ME IS MOST INCONSISTENT AND INCOMPATIBLE USE YOU COULD CHOOSE. THANK YOU. OKAY. THANK YOU. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO SPEAK. MA'AM.

GOOD EVENING MR. CHAIRMAN AND BOARD MEMBERS. CARMEN [INAUDIBLE] ORLANDO 420

[01:15:04]

[01:20:06]

RESIDENTIAL RIGHT HERE. RESIDENTIAL RIGHT HERE. AND THEN RIGHT OVER HERE TO THE WEST A LITTLE BIT FURTHER ALL RESIDENTIAL. THERE IS A MIX OF MULTI-FAMILY AND THERE'S A MIX OF SINGLE FAMILY ALL SURROUNDING THEIR PROPERTIES THAT ARE RIGHT THERE. SO I'VE BEEN DOING THIS A WHILE AND TO TRY TO STOP AN ADJACENT DEVELOPMENT OVER FEAR OF DISCHARGE OF CHEMICALS FROM YOUR OWN PROPERTY IS NEW TO ME. I HAVEN'T HEARD IT PUT THAT WAY BEFORE. BUT NEVERTHELESS WE WOULD EXPECT THEM TO DO EVERYTHING HUMANLY POSSIBLE TO PROTECT ALL THE PEOPLE THAT ARE THERE RIGHT NOW TODAY. SO FOR OUR PROJECT TO COME IN AND MOVE FORWARD WE NEED TO KNOW WHAT THE LAND USE IS AND WHAT THE ZONING IS OR WE CAN'T EVEN DO A TRAFFIC STUDY. IT'S BASED ON THE LAND USE. SO LIKE I SAID EARLIER WE'RE JUST GETTING STARTED WITH OUR PROJECT. SO WE STARTED MARKET STUDIES WE STARTED LOOKING AT WHAT WE CAN DO. WE'VE DONE OUR GEOTECHNICAL STUDIES WE'VE DONE PHASE 1 AND PHASE 2 ENVIRONMENTAL STUDIES. SO WE HAVE DONE OUR DUE DILIGENCE IN THE PROPER ORDER THAT YOU TYPICALLY WOULD TO START A DEVELOPMENT. THE MIXED USE THIS BOARD AND CITY COUNCIL HAS ALREADY DECIDED ON OTHER PROJECTS SUCH AS NORTHGATE WHICH WE ARE WE ARE CATTY CORNER TO RIGHT THE, I'M SORRY.

THAT'S NORTH GATE RIGHT THERE THAT'S US RIGHT THERE. SO WE'RE CATTY CORNER TO IT THEY'RE RIGHT NEXT TO INDUSTRIAL PROPERTIES ALL THROUGH HERE HERE AND ALL WE'RE DOING IS ASKING FOR THE SAME EXCEPT WE LIKE OUR LOCATION A LITTLE BETTER BECAUSE OF THIS WATER BODY OVER HERE. THE STAFF REPORT SUPPORTS WHAT WE'RE REQUESTING. I DON'T KNOW TWO BETTER URBAN PLANNERS AND LAND EXPERTS AND LAND PLANNERS IN THIS AREA THAN THESE GENTLEMEN RIGHT HERE. THEY'VE BOTH BEEN HERE A LONG TIME AND HAVE DONE A LOT OF WORK OVER THE YEARS AND THEY SUPPORT IT. THEY KNOW THIS   AREA BETTER THAN ANY OTHER PLANNERS. OUR PLANNERS HAVE BEEN WORKING UP HERE WITH US, BRENDA YATES FOR 20 YEARS I'VE BEEN COMING HERE FOR 20 YEARS. WE THINK THIS IS A GREAT PROJECT AND A GREAT LOCATION. WE'RE HAPPY TO ABSOLUTELY WORK WITH THEM AND WORK WITH ANY OF OUR NEIGHBORS THAT HAVE CONCERNS. I HEARD ABOUT WILD TURKEYS EARLIER TONIGHT. IT IS THE FIRST TIME I'VE HEARD ABOUT RATS. SO WE'RE HAPPY TO HELP TRY TO CONTROL THE WILDLIFE A LITTLE BIT BETTER AND WE KNOW THAT THE HOMELESS IS A BIG ISSUE ON THAT SITE TO CLEAN IT UP. I HEAR ABOUT DRAINAGE AND TRAFFIC ON EVERY SINGLE PROJECT. WE DO TWO OF THE BIGGEST CONCERNS THAT EVERY PROJECT WE DO THAT WILL ABSOLUTELY HAVE TO BE TWO OF THE MOST CRITICAL ITEMS THAT WE HANDLE BECAUSE WE'RE ADJACENT TO US 1 RIGHT HERE WHICH IS FDOT JURISDICTION AS I MENTIONED EARLIER. THEY HAVE A MUCH HIGHER STANDARD THAT WE'RE HELD TO FOR STORMWATER TREATMENT THEY MAKE US DESIGN TO 48 STORM EVENTS. THE CITY HAS ONE. ST. JOHN'S

[01:25:06]

WE'VE DONE THAT ALREADY AS WELL. JAKE DID THE ENVIRONMENTAL STUDY DIRECTLY AFFECT HAVE SOMETHING TO DO WITH THE [INAUDIBLE] PROPERTY. DID IT DISCUSS THAT AT ALL? I DIDN'T DO THE STUDY. THAT'S NOT THE TYPE OF EXPERTISE THAT WE HAVE. SO I DON'T KNOW THE INTIMATE DETAILS OF IT. WE COULD CERTAINLY FIND THAT OUT FOR YOU. ANY OTHER QUESTIONS? YEAH. I JUST HAVE A QUESTION FOR THE OTHER.  NOT FOR HIM. ANY OTHER QUESTIONS FOR JAKE? GENTLEMEN WHO'S GOT PROPERTY ON KINGSWOOD. SHE'S GOT A QUESTION FOR YOU. YEAH.

PROPERTIES THERE. AND AS THE VIEW FROM FAR I IMAGINE THIS YOU KNOW MUSHROOM CLOUD IS GOING TO COME OVER ON THE RESIDENTS THERE. NOW WHAT I'M TRYING TO UNDERSTAND FOR YOUR INVESTMENT PROPERTY WITH YOUR TENANTS THERE IS THERE ANY CHEMICAL DISCHARGE ANY COMPLAINTS ANY ISSUES THAT YOU'RE HAVING? NOTHING IN THE PAST 20 YEARS. BACK IN THE LATE 80S THERE WAS AN EVENT BUT WE NEVER SAW WHAT IT WAS. THEY CAME DOWN THE STREET AND NOTIFIED EVERYBODY AND THEN I. THAT WAS FROM THE FAR PROPERTY? FROM THE FAR PROPERTY. AND THEN AFTER ABOUT FOUR HOURS IT WAS ALL CLEAR. I DON'T REALLY REMEMBER ALL THE DETAILS OF IT BUT YOU KNOW I MEAN I WORK ON THE STREET A LOT AND I NEVER SMELL ANYTHING. I NEVER SEE ANY MUSHROOM CLOUDS. YOU KNOW NONE OF THAT YOU KNOW. I COULD IMAGINE. I MEAN I'M AN ENGINEER BY TRADE SO I MEAN I KNOW ABOUT THE FACILITY. AND YOU KNOW IT'S VERY WELL MAINTAINED. OK. I WAS JUST TRYING TO UNDERSTAND MAYBE THE PEOPLE FROM  FAR JUST UNDERSTAND A SCENARIO YOU KNOW WHERE YOU KNOW THE PEOPLE. WE NEVER SMELL ANYTHING. OK. THERE'S NO SMELLS. I DON'T GET. THAT'S NOT THE COMPLAINTS I GET. I GET COMPLAINTS ABOUT RATS. NOT ABOUT SMELLS. THANK YOU SIR. DOES THE BOARD HAVE ANY OTHER QUESTIONS? CHAIRMAN I HAVE A QUESTION FOR STAFF. MY QUESTION IS WAS THIS CONCERN AS FAR AS THE PARTY THAT OPPOSITE YOU KNOW OPPOSED TO THE APPLICATION WAS IT WAS NOT A CONCERN WHEN FOR THE OTHER PROJECT THE LUXURY APARTMENTS? WAS THAT A CONCERN BEFORE AS THIS WAS IN THE PLANNING PHASE.

ARE YOU REFERRING TO THE NORTH SHORE APARTMENTS THAT ARE DIRECTLY ACROSS? THAT'S CORRECT. FAR RESEARCH DID NOT COME OUT FOR ANY OPPOSITION TO THE NORTH SHORE APARTMENTS. OKAY I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION. OH WELL I WOULD JUST LIKE TO SAY THAT WHEN I FIRST READ THIS OF COURSE THE FIRST THING THAT CAME TO MIND WAS [INAUDIBLE] AND HOW THEY HAVE RESIDENTIAL ON ONE SIDE AND A COMMERCIAL ON THE OTHER SIDE. I KNOW THAT WE'VE BEEN IN THOSE AND ESPECIALLY IN THE BAYFRONT WE'VE BEEN FOR YEARS TRYING TO GET SOMETHING ACCOMPLISHED DOWN THERE AND THE SOUTHWEST CORRIDOR IS IS IS BMU. AND I DON'T THINK THERE'S, I THINK THAT IT SHOULD JUST BMU FOR THE BAYFRONT COURSES IN THE BAYFRONT. SO THAT'S MY VIEW ON IT. EVERYTHING DOWN IN THE FLU SHOULD ALREADY BE BMU BUT. SO WITH THAT I'D JUST THINK THAT I MEAN I HAVE A LOT OF FAITH IN STAFF AND AND WHAT THE CITY STAFF DOES. AND I JUST BELIEVE THAT I JUST I WOULDN'T I COULD NOT BELIEVE THAT THEY WOULD DO ANYTHING THAT'S GOING TO JEOPARDIZE ANY RESIDENT OR ANYBODY THEY'RE DO ANYTHING FOR THE COMMON GOOD. SO I'M GOING TO MAKE A MOTION TO APPROVE CP-10-2019

[01:30:05]

I JUST WANT TO SAY THAT I AGREE WITH  RAINER YOU KNOW TO HAVE INDUSTRIAL DEVELOPMENT ON THIS OR ANYTHING ELSE ON THIS PROPERTY THAT'S OVERLOOKING THE INDIAN RIVER LAGOON WOULD BE FOOLISH AND IT WOULD REALLY JUST NOT BEEN KEEPING WITH THE CITY COUNCIL'S FUTURE DEVELOPMENT VIEWS ON ROBERT J. CONLAN. SO THIS ALONG WITH THE [INAUDIBLE] PROJECT WHICH IS BEING DEVELOPED I THINK THIS WOULD BE A GREAT LOCATION FOR BAYFRONT MIXED USE. AND I WILL SUPPORT IT. ANY OTHER COMMENTS? ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUSLY. OUR NEXT CASE. OUR NEXT CASE IS THE COMPANION ZONING CASE WHICH IS CPZ-10-2019. THE APPLICANT IS REQUESTING A REZONING OF THE SUBJECT PARCEL FROM HC HIGHWAY COMMERCIAL DISTRICT AND HEAVY INDUSTRIAL DISTRICT TO BE BMU BAYFRONT MIXED USE DISTRICT. ANALYSIS FOLLOWING ANALYSIS AS PER CHAPTER 185 ZONING CODE SECTION 185.201C  WHICH STATES THAT ALL PROPOSED AMENDMENTS SHALL BE SUBMITTED TO PLANNING ABD ZONING BOARD WHICH SHALL STUDY THE SUCH PROPOSALS IN ACCORDANCE WITH ITEMS 1 THROUGH 4 OF SECTION 185.201C. ITEM 1 THE NEED AND JUSTIFICATION FOR CHANGE THE APPLICANT STATES THE JUSTIFICATION FOR CHANGE IS TO CHANGE THE ZONING DISTRICT TO ALLOW A TRU  BAYFRONT DEVELOPMENT ON US. 1 OVERLOOKING THE INDIAN RIVER. THE BAYFRONT MIXED ZONING DISTRICT WILL ALLOW FOR A MIX OF COMMERCIAL AND MULTI-FAMILY USES THE CHANGE IN ZONING WILL ALLOW FOR A TRANSITION HOMES AND EXISTING BUSINESSES AND HELP GROW REVITALIZE THE BAYFRONT COMMUNITY REDEVELOPMENT DISTRICT. ITEM TWO WHEN PERTAINING TO THE REZONING OF THE LAND THE EFFECT THE CHANGE IF ANY ON THE PARTICULAR PROPERTY AND ON THE SURROUNDING PROPERTIES THE DESIGNATION OF THE BMU ZONING DISTRICT FOR THE SUBJECT PROPERTY IS COMPATIBLE WITH THE SURROUNDING AREA AS IT CAN AS IT IS CONSISTENT WITH THE CITY'S DESIRE AND PLAN FOR REDEVELOPMENT IN THE RIVERVIEW DISTRICT. ITEM THREE WHEN PERTAINING TO THE REZONING OF LAND THE AMOUNT OF UNDEVELOPED LAND IN THE GENERAL AREA AND IN THE CITY HAVING THE SAME CLASSIFICATION AS A REQUEST APPROXIMATELY 24.13 ACRES OF BMU BAYFRONT MIXED USED ZONE LAND IS WITHIN THE CITY LIMITS WHICH IS THE NORTH SHORE PROJECT CURRENTLY UNDER CONSTRUCTION ITEM FOUR THE RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE PURPOSE OF THE CITY PLAN FOR DEVELOPMENT WITH APPROPRIATE CONSIDERATION TO WHETHER THE PROPOSED CHANGE WILL FURTHER THE PURPOSES OF THE CHAPTER IN THE COMPREHENSIVE PLAN. THE  PROPOSED AMENDMENT WILL FURTHER THE PURPOSES OF CHAPTER 185 THE COMPREHENSIVE PLAN AND THE BAYFRONT COMMUNITY REDEVELOPMENT AGENCIES PLAN FOR THE RIVERVIEW DISTRICT.

THE PLAN IS TO BECOME A BEAUTIFUL AND MULTI FUNCTIONAL RIVERFRONT BOULEVARD LINED WITH PEDESTRIAN SLASH BICYCLE FACILITIES SUPPORTED BY HIGHER INTENSITY  RESIDENTIAL AND MIXED LAND USES. STAFF'S RECOMMENDATION CPZ-10-2019 IS RECOMMENDED FOR APPROVAL SUBJECT TO STAFF COMMENTS CONTAINED IN THIS REPORT. THANK YOU CHRIS. DOES  THE BOARD HAVE ANY QUESTIONS FOR STAFF NONE? JAKE YOU'RE UP AGAIN. JAKE WISE, CIVIL ENGINEER FOR THE PROJECT. MY ADDRESS HAS NOT CHANGED AT ALL. WE WENT THROUGH A LOT OF DETAIL OBVIOUSLY WITH FUTURE LAND USE AMENDMENT. WE'VE TALKED A LOT ABOUT COMPATIBILITY WITH ALL KINDS OF DIFFERENT LEVELS OF DETAIL INCLUDING THE ZONING DISCUSSION THE NORTH SHORE DEVELOPMENT HAS BEEN BROUGHT UP MULTIPLE TIMES CATTY CORNER TO IT. IT IS A BMU ZONING DIRECTLY ADJACENT TO INDUSTRIAL ON ACTUALLY MOST SIDES OF IT. SO IT IS A TYPICALLY BEEN CONSIDERED A COMPATIBLE USE. AND TO THE PREVIOUS DISCUSSION THAT THIS IS AND HAS BEEN PLANNED FOR BAYFRONT MIXED USE FOR 20 YEARS AND WE THINK AGAIN IT'S AN IDEAL LOCATION FOR THAT. SO WITH THAT APPRECIATE A CHANCE TO RESPOND TO ANY PUBLIC COMMENTS MADE. AND IF THE BOARD HAS ANY QUESTIONS BE HAPPY TO AN ANSWER THEM. THANK YOU JAKE. DOES THE BOARD HAVE ANY QUESTIONS FOR MR. WISE. NO THANK YOU JAKE. THANK YOU. I'LL OPEN THE PUBLIC HEARING. [INAUDIBLE] I'M JUST GOING TO REITERATE MY COMMENTS I MADE PREVIOUSLY WITH REGARDS TO THE APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT. SO NOTED ANYONE ELSE WHO WISHES TO SPEAK? YES MA'AM. AGAIN FOR THE RECORD. CECILIA [INAUDIBLE] WITH THE [INAUDIBLE] LAW FIRM I UNDERSTAND YOUR VISION AND YOUR WANT.

[01:35:04]

[01:40:04]

AND THEN I GOT OTHER NEFARIOUS ACTIVITIES MAY BE GOING ON IN THIS NEW DEVELOPMENT.

ARE YOU GUYS GONNA [INAUDIBLE] ME. ARE YOU GONNA PROTECT ME AND MY LITTLE INDUSTRIAL SITE.

OR AM I GOING TO HAVE TO CALL THE COPS AND NOT KNOW WHAT'S GONNA HAPPEN. OKAY THEN THE ACTIVITIES I MAKE NOISE. MY TENANTS MAY MAKE NOISE. I HAVE LIGHTS AT NIGHT. I HAVE A VARIETY OF TRAFFIC. I HAVE FOOT TRAFFIC I HAVE BICYCLE TRAFFIC I HAVE A VARIETY OF HEAVY TRUCKS AND EQUIPMENT. I'M CONCERNED ABOUT PEOPLE TALKING ABOUT LOUD NOISES ON VEHICLES ETC. AND THEN POINT THREE. VALUE. MY CURRENT VALUE IS IS SOMEWHAT UNCERTAIN. OKAY BUT NOW IS IT GOING TO BECOME DIMINISHED BECAUSE IT'S NOW INDUSTRIAL. BUT IMMEDIATELY ADJACENT IS RESIDENTIAL OR A BMU AND THAT'S UNCERTAIN AS TO WHAT AND HOW IT'S GOING TO BE UTILIZED. AND AND SO ANYBODY WHO WOULD INQUIRE OR ACQUIRE MY PROPERTY MIGHT OR MIGHT NOT BE WILLING TO PAY AS MUCH AS IT'S WORTH. IT'S NOT NECESSARILY GOING TO HAVE A A BEST AND HIGHEST VALUE USE. IF WE ALLOW THIS OKAY. AND THEN ALSO BECAUSE OF THIS NEW ZONING THEY MAY CURB OR FURTHER RESTRICT THE ACTIVITIES THAT I'M DOING THERE EVEN THOUGH I HAVE THE PROPER ZONING TO DO THAT. SO I'M CONCERNED ABOUT THAT AND WHO LOOKS OUT FOR ME WHO LOOKS OUT FOR THE CURRENT OWNER. OK WE'VE GOT PEOPLE TO TALK ABOUT TURTLES WE GOT PEOPLE TO TALK ABOUT RATS. WE NEED PEOPLE WHO ARE TALKING ABOUT PEOPLE FRIENDLY ACTIVITIES AND PROTECTION FOR THOSE WHO'VE BEEN THERE FOR MANY YEARS. I HAVE OWNED THAT PROPERTY SINCE 1986 AND HAVEN'T TRIED TO MAKE MAXIMUM USE OF IT IN THE SENSE THAT THAT TO TAKE ADVANTAGE OF ANYBODY. I JUST WANT TO STAY OUT OF TROUBLE AND CAREFULLY AND CONTINUALLY TRY TO PRESERVE THAT WHICH I HAVE THERE. AND THEN I HAVE OTHER CONCERN THE FINAL GROUP OF CONCERNS. WHAT'S IT GONNA DO TO MY INSURANCE AND WHAT'S IT GONNA DO ABOUT FUTURE RAILROAD ACCESS IS BECAUSE RIGHT NOW THEY HAVE TAKEN UP THE SIDING. BUT IF SOMEBODY WANTED TO THEY COULD PUT THE SIDING BACK.

BUT IF HE CHANGE THE ZONING THEY WILL NOT PUT SIDING BACK IN THERE AND FURTHER THEN WHAT KIND OF RESTRICTIONS ON MY TENANTS ARE THEY GONNA PUT IN BECAUSE OF THE BMU ZONING. I DON'T THINK IT'S APPROPRIATE FOR BMU TO BE ADJACENT TO MY PROPERTY WHICH WOULD BE COMMERCIAL EITHER MAXIMUM COMMERCIAL OR MEDIUM COMMERCIAL. IT JUST DOESN'T SOUND RIGHT. AND THEN WHAT'S THE SURETY THAT I'M GOING TO HAVE THE PROPER UTILITIES NOW. THE RESTRUCTURING OF ALL THE SEWERS THE UTILITIES INCLUDING ELECTRICITY. HOW AM I GOING TO BE PROTECTED FROM THIS NEW DEVELOPMENT. IT'S DIFFERENT MINDSET AND I DON'T THINK IT'S PEOPLE FRIENDLY WHEN IT COMES TO BUSINESS. IT'S THERE TO MAKE A BEDROOM COMMUNITY WHICH IS ENTIRELY DIFFERENT THAN

[01:45:02]

ANYONE ELSE WHO WISHES TO SPEAK? SEEING NONE,  JAKE. SO THAT PARCEL ON ROWENA DRIVE WE WOULDN'T HAVE ANY IMPACT ON HIS ACCESS UTILITIES IF ANYTHING BETTER WE PROBABLY LOOP THE WATER SYSTEM MIGHT HAVE BETTER PRESSURES AND FLOWS FOR HIM. WE THINK WHAT WE'RE PROPOSING WOULD BE SAFER THAN WHAT'S THERE EXISTING TODAY AS WE'VE DISCUSSED EARLIER. US 1 TRAFFIC. RAILROAD TRAFFIC. IT'S LOUDER THAN MOST OTHER TYPICAL TRUCK TRAFFIC AND OTHER THINGS THAT WOULD GO UP AND DOWN KINGSWOOD OR ROWENA. SO WE DON'T THINK THE ADJACENT NOISE LEVELS OR ANYTHING LIKE THAT FROM TRUCK TRAFFIC WOULD BE A CONCERN. IF I COULD STEAL THE AND SINCE WE'RE TALKING  ABOUT ZONING NOW WE'VE BROUGHT UP THE CATTY CORNER OF THE EXISTING BMU WITH OURS ABOUT A THIRD OF OUR PROPERTY ALREADY HAS A HIGHWAY COMMERCIAL USE WHICH HAS ALLOWS FOR A LOT OF WHAT WE'RE LOOKING AT TO DO. SO WE'RE LOOKING AT THIS PORTION IN  THE REAR OF THE SITE THAT WE'RE TALKING ABOUT MOSTLY FOR THIS. AND I DON'T KNOW EXACTLY WHEN FAR CAME IN HERE BUT I KNOW A LOT OF THESE RESIDENTS HAVE BEEN HERE A REALLY LONG TIME. AND I WOULD BET YOU SOME OF THEM WERE HERE BEFORE THEY GOT HERE. SO WHEN THEY CAME HERE THEY PROBABLY FELT LIKE THEY COULD KEEP THE RESIDENTS  THAT WERE ALREADY HERE SAFE. SO I THINK THAT'S PROBABLY PART OF THE REASON THEY CAME HERE AS WELL. BUT WITH THAT BEING SAID BE HAPPY TO ANSWERING QUESTIONS THE BOARD MAY HAVE. BOARD HAVE ANY QUESTIONS FOR MR. WISE. ANOTHER QUESTION PLEASE. YOU HAD MENTIONED EARLIER THAT COMMERCIAL WOULD BE ON THE BACKSIDE OF THE LOT. NO WE WOULDN'T ANTICIPATE THAT WE WOULD ANTICIPATE COMMERCIAL BEING MORE ALONG THE FRONTAGE. BUT THE RESIDENTIAL WE WANT TO MAKE SURE WE HAVE THE FOCUS OF THE  RESIDENTIAL AND THE VIEWS TOWARDS THE WATER. DEFINITELY NOT FOCUSING ON THE RAILROAD AND THE OTHER USES BEHIND THIS. THANK YOU. ANY OTHER QUESTIONS. I KNOW THAT THE LADY. YES. I JUST SAW A LITTLE BIT CONFUSED REGARDS TO THE PRESENTATION. IS IT THAT THE FAR COMPANY IS CONCERNED THAT THERE THEY WILL IMPACT BECAUSE THE IMPACT MORE THE RESIDENTS THAT ARE COMING IN, THEY'RE NOT CONCERNED WITH THE RESIDENTS THAT ARE ALREADY THERE? I'M TRYING TO FIGURE OUT WHAT WHAT IS GOING TO HAPPEN. WHAT'S THE SCENARIO THAT THEY'RE CONCERNED ABOUT? I THINK THAT IN TERMS OF WE HAVE OTHER REPRESENTATIVES FROM THE COMPANY HERE. BUT WHEN THEY CAME IN 30 YEARS AGO I DON'T KNOW HOW THE MANUFACTURING OR THE FACILITY HAS CHANGED OVER TIME IN TERMS OF THE NATURE OF THE HAZARDOUS MATERIALS THAT ARE BEING AND THE CHEMICALS THAT ARE THERE. THEIR CONCERN IN CONTACTING US WAS THAT THEY HAVE ALWAYS HAD A SAFE OPERATION. HOWEVER GIVEN THE HIGHLY VOLATILE NATURE OF WHAT THEY DO THE HAZARDOUS NATURE OF WHAT THEY DO THAT THEY ARE THEN VERY CONCERNED ABOUT TAKING YOU

[01:50:01]

OK. THE CONCERN IS TAKING INDUSTRIAL HEAVY INDUSTRIAL AND CHANGING THAT TO RESIDENTIAL BECAUSE YOU WANT A VIEW OF THE INDIAN RIVER LAGOON. ARE YOU WANT TO HAVE YOU KNOW MIXED USE BECAUSE THERE IS A CLEAR AND PRESENT POTENTIAL RISK TO THE SAFETY OF PEOPLE THAT YOU ARE NOW GOING TO MOVE INTO ADJACENT TO THIS FACILITY AND THAT'S THEIR CONCERN AND THEY WANT TO BE PRUDENT. THEY'RE GOOD BUSINESS PEOPLE.

THEY RUN A VERY SAFE OPERATION. I DON'T KNOW HOW MANY OF THOSE HOUSES WERE THERE OR WHAT THE DISTANCE WAS WHEN THEY CAME 30 YEARS AGO AND STARTED THIS OPERATION BUT THEY HAVE GROWN THEY HAVE MAINTAINED THEY'VE DONE A SAFE OPERATION AND NOW THEY'RE SAYING YOU KNOW GIVE US SOME BENEFIT. WHY ARE YOU THE CITY WILLING TO TAKE ON THAT RISK AND PUT PEOPLE AT RISK. I MEAN I DON'T THINK THERE'S GOING TO BE ANY NOTICE TO THESE FOLKS. IS THERE GOING TO BE SOMETHING IN THEIR LEASE OR THEIR DEED. THIS IS. OH AND BY THE WAY YOU'VE MOVED IN TO NEXT TO A FACILITY THAT DOES HAZARDOUS MATERIALS. I DON'T THINK SO. I MEAN YOU DON'T KNOW IF THESE DEVELOPERS ARE GOING TO STAY IN THE GAME IF THEY'RE GOING TO DEVELOP IT AND FLIP IT IF THEY'LL BE HERE NEXT WEEK. THE PEOPLE THAT WILL BE HERE WILL BE YOU THE ELECTED OFFICIALS THE YOUR LAW ENFORCEMENT YOUR E-MAILS AND YOUR SAFETY PEOPLE. AND IF SOMETHING DOES HAPPEN THEN EVERYONE IS GOING TO BE VERY CONCERNED AND THEY'RE GOING TO SAY HOW DID WE EVER ALLOW THIS TO HAPPEN. WHAT WERE WE THINKING WHEN WE TOOK INDUSTRIAL LAND AND WE CONVERTED IT TO RESIDENTIAL AND PUT IT NEXT TO THIS FACILITY AND THAT'S OUR CONCERN. THANK YOU. JAKE, DID YOU WANT TO RESPOND TO THAT. I WOULD JUST SAY WITH THE EXISTING ZONING THAT ARE ON THE PROPERTY THAT COULD BE ANY NUMBER OF USES LOT OF CONCRETE PLANTS OR 24 HOUR FACILITIES HUNDREDS OF EMPLOYEES THERE AROUND THE CLOCK OTHER TYPES OF USES THAT COULD BE THERE WITH THE  CURRENT ZONING THERE'S ADJACENT PROPERTY LIGHT INDUSTRIAL IT HAS EVEN MORE  FLEXIBILITY IMMEDIATELY TO THE WEST THIS POTENTIAL PLUME THAT COULD BLOW IN ANY DIRECTION COULD AFFECT WHO KNOWS WHAT KIND OF A RADIUS WITH HOUSES THAT HAVE BEEN THERE A VERY LONG TIME. I WOULDN'T SAY TO STOP ANY DEVELOPMENT ON THIS PIECE OF PROPERTY WHICH HAS RIGHTS TODAY BASED ON THE CURRENT ZONING THAT COULD HAVE ANY NUMBER OF PEOPLE THAT COULD BE CONCERNED. SO WITH THAT WE JUST RESPECTFULLY REQUEST THE ZONING BE RECOMMENDED FOR APPROVAL TO COUNCIL. THANK YOU. THANK YOU JAKE. SORRY

[01:55:04]

24 HOUR FACILITY IN IT THE SAME EXACT ZONING THAT WE HAVE. THAT BUILDING COULD BE REPRODUCED. I CAN'T EVEN COUNT HOW MANY TIMES ON THERE WITH THOUSANDS OF EMPLOYEES. MY CONCERN WOULD BE NOT WITH WHAT WE'RE DOING WITH WHAT ANYTHING THAT COULD BE THERE. THIS PIECE OF PROPERTY RIGHT HERE LIGHT INDUSTRIAL. VERY FLEXIBLE USE JUST AS CLOSE AND PARTS OF IT CLOSER THAN OUR LARGER PARCEL COULD BE ANYTHING  ON A LIGHT INDUSTRIAL USE ALMOST FROM OFFICE TO INDUSTRIAL TYPE OF USES. SO I THINK THE BIGGER PICTURE CONCERN WOULD BE ANYTHING THAT COULD GO IN THERE. FROM WHAT I'VE HEARD TONIGHT AND THE PLUMES IS THE FIRST TIME I'VE EVER HEARD THAT TONIGHT. THANK YOU. OK BOARD I NEED A MOTION PLEASE. MR. CHAIR. JUST BEFORE YOU GUYS GO ON. AND  I'M A LITTLE SURPRISED AND DISAPPOINTED BUT COUNSEL FOR FAR HAS TAKEN THE KIND OF A SCARE TACTIC TO YOU GUYS AND ON SEVERAL OCCASIONS SAID THAT YOU WILL BE LIABLE IF CHEMICALS IMPACT THIS DEVELOPMENT. I WANT TO MAKE IT CLEAR FOR THE RECORD THAT IF HER CLIENT IS SPEWING CHEMICALS EITHER INTENTIONALLY OR NEGLIGENTLY INTO THE AIR INTO THE WATER TABLE THAT IS FAR'S ISSUE AND LIABILITY. OK YOU GUYS ARE NOT LIABLE FOR WHATEVER CRIMINAL OR NEGLIGENT CONDUCT WITH CHEMICALS HER CLIENT DOES. OK AND I'M BOTHERED THAT SHE PUT THAT ON THE RECORD NOT ONCE BUT MULTIPLE TIMES. GREAT. THANK YOU. I WANT TO MAKE SURE YOU'RE CLEAR THAT YOU KNOW YOU AREN'T FACING LIABILITY FOR YOUR DECISIONS HERE TONIGHT. THANK YOU MR. STOKES. I WAS WELL AWARE OF THAT. AND YOU KNOW REGARDLESS OF AS JAKE SAID REGARDLESS OF WHAT A DEVELOPMENT GO IN THERE ARE SURROUNDING AREAS YOU KNOW IF FAR HAS SOME KIND OF INDUSTRIAL ACCIDENT THEY'RE RESPONSIBLE. SO YOU KNOW HAVING SAID THAT BOARD, I NEED  A MOTION PLEASE. MOTION TO APPROVE CPZ-10-2019. WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? SEEING NONE, ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUSLY. OKAY PATRICK OUR NEXT CASE PLEASE. OKAY. MR. CHAIRMAN NEXT CASE IS FS-2-2019. THIS IS A REQUEST FOR FINAL SUBDIVISION APPROVAL FOR A 3 LOT  COMMERCIAL SUBDIVISION CALLED BILDA EXECUTIVE PARK. SUBJECT PROPERTY IS LOCATED 14 15 SPORTSMAN LANE NORTHEAST WHICH IS WEST OF AN ADJACENT BASS PRO DRIVE NORTHEAST IN THE VICINITY SOUTHEAST OF THE INTERSECTION OF INTERSTATE 95 AND PALM BAY ROAD. SPECIFICALLY THE PROPERTY IS TRACT K OF PORT MALABAR UNIT SIXTY LOCATED IN SECTION 20 TOWNSHIP 28 RANGE 37 BREVARD COUNTY FLORIDA TRACT K WAS PREVIOUSLY SUBDIVIDED INTO FOUR COMMERCIAL LOTS AND RECORDED IN PLAT BOOK FIFTY SEVEN PAGE SIXTY THREE OF THE BREVARD COUNTY PUBLIC RECORDS AS THE EXECUTIVE PARK SUBDIVISION. THE 

[02:00:02]

BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU PATRICK. DOES BOARD HAVE ANY QUESTIONS FOR STAFF? LEETA.  ANY QUESTIONS? NO. I KNOW WE WENT QUICK SO IF YOU HAVE ANY QUESTIONS GO RIGHT AHEAD. WILL THE APPLICANT PLEASE COME TO THE PODIUM. DAVID [INAUDIBLE] MVB ENGINEERING 1250 WEST OAK GALLEY BOULEVARD IN MELBOURNE FLORIDA. STAFF DID A  GOOD JOB PRESENTING. BUT IF YOU HAVE ANY QUESTIONS I'M HERE I'LL TRY NOT TO UPSET THE CRICKETS. OK. THANK YOU SIR. DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT. SEEING NONE, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THE APPLICATION OR OPPOSED TO THE APPLICATION? SEEING NONE, I'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION. MOTION PLEASE.  THIS  PROJECT IS PRETTY MUCH DONE CORRECT? YEAH I'VE SEEN IT OVER THERE SO IT LOOKS PRETTY. CORRECT. OTHER THAN THE RETAIL AND THE RESTAURANT PORTION OF IT, BUT THE HOTELS ARE ALREADY ONE DID THE TOPPING PARTY THE FIRST WEEK OF JULY AND THE OTHER ONE SHOULD BE SHORTLY.  NO, I WAS JUST GOING TO DO THE MOTION. OKAY. OUR MOTION TO APPROVE FS-2-2019 SUBJECT TO ANY STAFF APPROVAL. CONDITIONS.  SECOND. WE HAVE A MOTION AND A SECOND.  ANY FURTHER DISCUSSION? SEEING NONE, ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUSLY. OUR LAST  CASE CHRIS. OUR LAST CASE IS CASE FD-16-2019.  I DID WANT TO GIVE A LITTLE BACKGROUND BEFORE I READ THIS CASE. THE PROJECT WAS ORIGINALLY APPROVED VIA CASE FS-4-2018 ON JULY 5TH 2018. DO WANT TO NOTE THAT YOU GUYS HAVE SEEN THIS CASE A FEW TIMES IN ITS ENTIRETY. HOWEVER THE APPLICANT HAS CHANGED THE LAYOUT AND IT WAS DETERMINED BY THE GROWTH MANAGEMENT  DEPARTMENT TO BE A SUBSTANTIAL DEVIATION FROM THE APPROVAL. THIS CHANGE NECESSITATES APPROVAL FROM PLANNING AND ZONING BOARD AND CITY COUNCIL. SUMMARY OF THE  REQUEST THE APPLICANT IS SEEKING FINAL DEVELOPMENT APPROVAL FOR A SINGLE FAMILY RESIDENTIAL DEVELOPMENT WITHIN THE PMU PARKWAY MIXED USE DISTRICT TO BE KNOWN AS ST. JOHN'S PRESERVE CONTAINING 620 SINGLE FAMILY RESIDENTIAL LOTS FOR AN APPROXIMATE DENSITY OF 3.26 UNITS PER ACRE AND A 15 ACRE COMMERCIAL PARCEL. THE DEVELOPMENT WILL BE CONSTRUCTED IN PHASES. ANALYSIS. THE CITY

[02:05:06]

STAFF HAS REVIEWED THE CURRENT SUBMITTAL FOR THE CLIENTS AND OFFERS A FEW OBSERVATIONS WHICH SHALL APPLY TO THOSE REQUESTS. CONDITION ONE, THE PROJECT SHALL PAY A PROPORTIONATE FAIR SHARE OF ALL IDENTIFIED TRAFFIC IMPROVEMENTS CONDITION TO THE DEVELOPMENT SHALL BE CONSISTENT WITH THE MAXIMUM DENSITIES ESTABLISHED BY THE CONCEPT PLAN CONDITION 3 AN EMERGENCY ACCESS EASEMENT SHALL BE PROVIDED FOR HERITAGE HIGH SCHOOL THROUGHOUT THROUGH THE PROJECT CONNECTING ST. JOHN'S HERITAGE PARKWAY. TWO THE DEVELOPMENT SHALL BE CONSISTENT WITH THE MAXIMUM DENSITY IS ESTABLISHED BY THE PARKWAY FLEX USE CATEGORY. FLEX USE CATEGORY PERMITS BOTH SINGLE AND MULTI-FAMILY RESIDENTIAL USES WITH THE MAXIMUM DENSITY OF TENANT RESIDENTIAL UNITS PER ACRE. WITH THESE TWO RESIDENTIAL USES EXIST THE ABILITY TO CONSTRUCT DETACHED SINGLE FAMILY HOMES ATTACHED SINGLE FAMILY HOUSING UP TO EIGHT UNITS PER STRUCTURE AND MORE TRADITIONAL MULTIFAMILY HOUSING SUCH AS APARTMENTS AND CONDOMINIUMS. THE FLEX CATEGORY ALLOWS COMMERCIAL DEVELOPMENT FOR RETAIL PERSONAL SERVICES ESTABLISHMENTS DAYCARE CENTERS CHURCH/ RELIGIOUS USES RESTAURANTS FINANCIAL INSTITUTIONS OFFICE USES SERVICE STATIONS WITH FUEL SALES FOOD SERVICE THEATRES PROFESSIONAL OFFICE USES MEDICAL AND OR VETERINARY CLINICS A MINIMUM OF 40 SQUARE FEET OF COMMERCIAL SPACE SHALL BE PROVIDED FOR EACH RESIDENTIAL UNIT BASED ON THE NUMBER OF RESIDENTIAL UNITS PROPOSED A MINIMUM OF TWENTY FOUR THOUSAND EIGHT HUNDRED SQUARE FEET OF COMMERCIAL USES SHALL BE CONSTRUCTED. THE BOARD AND COUNCIL SHOULD DETERMINE AT WHAT STAGE OF RESIDENTIAL DEVELOPMENT THAT THIS COMMERCIAL DEVELOPMENT IS SUBMITTED FOR SITE PLAN REVIEW SLASH APPROVAL. ITEM 3. SCHOOL IMPACT ANALYSIS WHICH WAS PERFORMED WHICH PROJECTED SUFFICIENT CAPACITY AT THE HIGH SCHOOL, ELEMENTARY AND MIDDLE SCHOOL LEVEL. ITEM 4 THE ENTIRE SITE IS IN FLOOD ZONE AE AND WILL REQUIRE A [INAUDIBLE]  FLOODPLAIN PERMITS FOR EACH STRUCTURE. 5 THE CITY OF PALM BAY UTILITY AGREEMENT SHALL BE EXECUTED BETWEEN THE PROPERTY OWNER AND THE CITY. ALL CITY ALL UTILITY IMPACT CONNECTION CHARGES NOTED IN THE UTILITY AGREEMENT MUST BE PAID PER THE CITY ORDINANCE AS OUTLINED IN THE TERMS OF CONDITIONS OF THE UTILITY AGREEMENT. THE PROPERTY OWNERS SHALL SUBMIT A CERTIFIED COPY OF THE PROPERTY DEED AS VERIFICATION OF OWNERSHIP DURING THE REVIEW OF THE UTILITY AGREEMENT. ITEM SIX TRAFFIC STUDY IDENTIFYING ALL OFFSITE IMPACTS AN OFF SITE INTERSECTION IMPACTS HAVE BEEN PROVIDED ALL TRAFFIC IMPACT SHALL BE MITIGATED AS PART OF THE DEVELOPMENT. ITEM 7, IN ORDER TO RECEIVE FINAL DEVELOPMENT APPROVAL THE PROPOSAL MUST MEET REQUIREMENTS OF CHAPTER 185.057 OF  THE CITY OF PALM BAY CODE OF ORDINANCES. UPON REVIEW IT APPEARS THE REQUEST IS IN CONFORMANCE WITH THE APPLICABLE REQUIREMENTS OF THIS CHAPTER. SUBJECT TO FOLLOWING BEING ADDRESSED PRIOR TO THE CITY STAFF SIGNING THE MYLAR. ANY PROPOSED LANDSCAPING IN THE PUBLIC RIGHT AWAY SHALL REQUIRE AN AGREEMENT WHICH STATES THE MAINTENANCE IN PERPETUITY SHALL BE RESPONSIBLY OF THE OWNER AND SUBSEQUENT HOMEOWNER'S ASSOCIATION B,  SIGNAL [INAUDIBLE] STUDY FOR THE INTERSECTION OF ST. JOHN'S HERITAGE PARKWAY AT MALABAR IS REQUIRED AND C [INAUDIBLE] OF ANY  BUILDING PERMITS THE CONSTRUCTION PLANS MUST BE GRANTED ADMINISTRATIVE STAFF APPROVAL. STAFF'S RECOMMENDATION CASE FD-16-2019 IS RECOMMENDED FOR APPROVAL SUBJECT TO STAFF COMMENTS CONTAINED IN THIS REPORT. THANK YOU CHRIS. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? YES SIR. RAINER. WHEN THEY START DOING THIS DEVELOPMENT ARE THEY GONNA BE RESPONSIBLE AT ALL FOR EXTENDING THE ROAD OR EXPANDING IT FOUR LANING IT OR ANY SUCH MATTER. ARE YOU SPEAKING ABOUT ST. JOHN'S HERITAGE PARKWAY OR MALABAR ROAD? WELL I THINK THEY'RE CLOSER TO THE  ST. JOHN'S HERITAGE THAN ACTUALLY BOTH. YEAH THEY ARE, YEAH. WHY NOT. WHY NOT. I MEAN BOTH NEED IT. SO MALABAR ROAD IS A COUNTY ROAD. CORRECT. SO THEY WOULD BE RESPONSIBLE FOR THE WIDENING ON THAT SECTION OF MALABAR. ANY IMPACTS THAT THE DEVELOPMENT WOULD REQUIRE IN THE TRAFFIC STUDY WOULD HAVE TO BE MITIGATED FOR MEANING ANY ROADWAY IMPROVEMENTS THAT ARE WARRANTED WOULD HAVE TO BE INSTALLED. I DON'T BELIEVE AT ALL WHICH THE APPLICANT CAN SPEAK ON THAT THERE'S ANY IMPROVEMENTS OR WIDENING ON ST. JOHN'S HERITAGE PARKWAY AS ITS LEVEL OF SERVICE HAS NOT GOING TO BE TRIPPED BY THIS DEVELOPMENT. MALABAR I BELIEVE BREVARD COUNTY HAS PUT OUT A STUDY FOR THE WIDENING OF MALABAR ROAD IN THEIR SECTION AND THE CITY IS PARTICIPATING ON GETTING IT ON THE SPACE COAST TPOS RADAR FOR THE REST. IT ALREADY IS. I JUST WANT TO ADD TO THAT THAT THIS PROJECT'S NOT GOING TO WIDEN MALABAR ROAD. WHAT THEY'RE GONNA DO IS THEY'RE GOING TO CONTRIBUTE THEIR FAIR SHARE TO THE WIDENING OF THAT ROAD BECAUSE THEY DID

[02:10:03]

MY ADDRESS IS 150 OXFORD COURT IN THE ATLANTIC. AS CHRIS INDICATED THE ULTIMATE THE ULTIMATE BUILD OUT CONDITION IS VIRTUALLY THE SAME AS WHAT WAS APPROVED A YEAR AGO. THE DIFFERENCE IS REALLY IN THE PHASING. THE ORIGINAL PLAN WAS TO EXTEND THE UTILITIES UP THE PARKWAY TO THE NORTH ENTRANCE OF THE SUBDIVISION AND THEN TO BUILD PHASE 1 AT THE NORTH END. AFTER NEGOTIATIONS WITH THE CITY ON THE UTILITY AGREEMENT IT WAS DECIDED TO EXTEND THE UTILITIES THROUGH THE SITE ITSELF AND THEREFORE IT'S MORE ECONOMICAL TO START PHASE ONE ON THE SOUTH END OF THE PROJECT INSTEAD. AND THAT'S WHY WE'RE HERE TONIGHT. AGAIN THE ULTIMATE BUILD OUT CONDITION IN TERMS OF TOTAL NUMBER OF UNITS AND DENSITY USE IS VIRTUALLY EXACTLY. I CAN ALMOST SAY EXACTLY THE SAME AS WHAT WAS PREVIOUSLY APPROVED.  ACTUALLY ONE ADDITIONAL ITEM THAT I CAN ADD IS THAT THE ACCESS AGREEMENT WAS APPROVED BY THE SCHOOL BOARD YESTERDAY. I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS OF THE APPLICANT. YES. YEAH. THE SOUTH END OF  THIS SITE. WHAT DO YOU DO WITH THAT PHASE  NOW THAT THE SOUTH END IS GONNA BE PHASE ONE WHAT ARE WE BEGINNING WITH? ARE WE BEGINNING WITH COMMERCIAL OR ARE WE BEGINNING WITH RESIDENTIAL? RESIDENTIAL. SO WE'RE BEGINNING WITH RESIDENTIAL. ANY OTHER  QUESTION? WHEN DOES THE COMMERCIAL PHASE START. I'M GOING TO DEFER TO THE APPLICANT FOR THAT ONE.  GOOD EVENING MY NAME'S MIKE EVANS. 1698 WEST HIBISCUS [INAUDIBLE] FLORIDA.  I'M THE DEVELOPER OF THE PROPERTY. I DO NOT OWN THE COMMERCIAL PIECE. SO THE ZONING WAS DONE ON THE ENTIRE PIECE. WE JUST SIMPLY BOUGHT THE RESIDENTIAL AND WHAT COULD POTENTIALLY BE MULTI-FAMILY WRAPPING AROUND THE COMMERCIAL. SO I HAVE NO IDEA WHAT THE OWNER IS GOING TO DO WITH THE COMMERCIAL. I DID HAVE IT UNDER CONTRACT AT ONE TIME WHICH BUT THAT DIDN'T WORK OUT. SO. I DON'T KNOW. I KNOW HE'S WAITING FOR MY ROOFTOPS SO HE CAN DEVELOP A COMMERCIAL OR SOMEBODY CAN.  ANY OTHER QUESTIONS. SEEING NONE. THANK YOU. THANK YOU. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OR OPPOSED TO THIS APPLICATION. SEEING NONE. I'LL BRING IT BACK TO THE BOARD FOR A MOTION. MOTION TO APPROVE FD-16-2019 AS PRESENTED. WOULD YOU MODIFY YOUR MOTION TO INCLUDE THE CONDITIONS NOTED IN THE STAFF REPORT PLEASE. JUST SAY SO MOVED. MOTION TO APPROVE FD-16-2019 INCLUDING STUFF.  JUST SAY SO MOVED. SO MOVED. THANK YOU. DO WE HAVE A SECOND PLEASE? I'LL SECOND. MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE. AYE.  ALL OPPOSED. MOTION CARRIES UNANIMOUSLY. ANYTHING ELSE PATRICK OR  CHRIS? SEEING NOTHING ELSE. MEETING IS ADJOURNED. 

* This transcript was compiled from uncorrected Closed Captioning.