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[00:00:01]

OKAY, WE'LL CALL THIS MEETING TO ORDER.

[CALL TO ORDER:]

PLANNING AND ZONING BOARD REGULAR MEETING 2020 407 IS NOW CALLED TO ORDER.

MR. JAFFEE, IF YOU'D PLEASE LEAD US IN THE PLEDGE OF ALLEGIANCE.

YEP, ABSOLUTELY. PLEASE STAND AND FACE THE FLAG.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD.

INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU VERY MUCH, MISS POWELL.

MAY WE HAVE A ROLL CALL, PLEASE? YES. MR. BOEREMA PRESIDENT.

MR.. GOOD. PRESIDENT.

MR. JAFFE.

PRESENT, MISS JORDAN.

PRESENT, MR. MCLEOD.

PRESENT, MR. OLSZEWSKI. PRESENT.

MR. WARNER PRESENT.

OUR SCHOOL BOARD APPOINTEE POSITION IS STILL VACANT.

AND CHIEF DEPUTY CITY ATTORNEY MICHAEL RODRIGUEZ IS PRESENT.

WE DO HAVE A QUORUM. THANK YOU.

MA'AM. DO I HEAR A MOTION TO ADOPT THE MINUTES OF REGULAR MEETING 2020 406?

[ADOPTION OF MINUTES:]

MAKE A MOTION TO APPROVE.

MINUTES FROM JUNE 5TH.

MEETING. MEETING. SECOND.

I HAVE A MOTION BY MR. BOEREMA, SECONDED BY MR. MACLEOD, TO ADOPT THE MINUTES OF THE REGULAR MEETING 2020 406.

ALL THOSE IN FAVOR? AYE. THAT PASSES SEVEN ZERO.

FOR THE BENEFIT OF THE APPLICANTS IN THE AUDIENCE, THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS.

[ANNOUNCEMENTS:]

MEETING PROCEDURES WILL BE AS FOLLOWS.

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

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

THE APPLICANT OR THE REPRESENTATIVE WILL THEN BE ASKED TO APPROACH THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE, AND TO ANSWER ANY QUESTIONS FROM THE BOARD.

THE FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENTS.

WE'LL FIRST HEAR FROM THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION AND THEN THOSE IN OPPOSITION.

FOR ALL PROCEEDINGS, ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN SPEAKER OR OATH CARDS LOCATED AT THE PODIUM AND AT THE BACK OF THE ROOM.

WHEN YOU FILL OUT THIS CARD, PLEASE PRINT LEGIBLY AND WHEN YOU SPEAK AT THE PODIUM, PLEASE 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 A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS, YOU INFORMALLY APPOINT A SPOKESPERSON TO CLARIFY YOUR VIEWS.

AFTER PUBLIC COMMENTS, WE'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 WILL THEN CALL FOR A MOTION AND A SECOND, AT WHICH TIME THE BOARD MAY HAVE ADDITIONAL COMMENTS OR FURTHER DISCUSSION.

I WILL THEN CALL FOR A VOTE.

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

THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION IN ADHERING TO THESE MEETING GUIDELINES.

MR. CHAIR, IF I MAY AGAIN, FOR EXPEDIENCY, THE ITEMS THAT ARE ALL PRESENTED ON THE AGENDA TONIGHT ARE QUASI JUDICIAL IN NATURE.

THEREFORE, IF ANY OF YOUR BOARD MEMBERS HAVE HAD ANY EX PARTE COMMUNICATIONS WITH AN APPLICANT, PLEASE DISCLOSE SUCH NOW.

AND IF YOU COULD JUST REFER TO THE CASE NUMBER AND WHETHER OR NOT YOU HAVE HAD EX PARTE COMMUNICATIONS.

OKAY. HEARING NONE, THEN I WILL ASSUME NONE OF YOU HAVE HAD.

AND WE MAY CONTINUE.

THANK YOU VERY MUCH, SIR.

THESE THINGS COVERED, WE'LL MOVE INTO OLD AND UNFINISHED BUSINESS.

[OLD/UNFINISHED BUSINESS:]

THE FIRST ITEM ON OUR AGENDA IS ITEM PS 20 3-00009.

AS I'M READING IT, THERE'S A REQUEST TO CONTINUE.

DO I HEAR A MOTION TO CONTINUE THIS CASE? MOTION TO CONTINUE.

I'LL SECOND FOR CLARIFICATION.

CONTINUE TO SEPTEMBER 4TH PNC REGULAR MEETING.

OKAY, SO WE HAVE A MOTION BY MRS. JORDAN, SECONDED BY MR. GOODE TO CONTINUE CAYCE P S 20 3-00009 TO THE NINE FOUR PLANNING AND ZONING MEETING.

ANY FURTHER DISCUSSION? I HAVE A QUESTION, MR. MCLEOD, PLEASE. HOW MANY TIMES DO WE HAVE TO ADJOURN THESE SCHEDULE ITEMS? I WILL DEFER TO STAFF.

OOPS. ARE YOU REFERRING TO CONTINUE.

I'M NOT SURE THAT THERE IS A RULE.

IS THERE A RULE, MR. RODRIGUEZ, REGARDING CONTINUANCE, HOW MANY TIMES? THERE IS NO RULE.

AND IF IT'S THE APPLICANT THAT HAS DONE SUCH A REQUEST, THEN AT THAT POINT, I MEAN, THERE, AS LONG AS WE STILL FALL WITHIN THE STATUTORY REQUIREMENTS AS TO WHEN A MATTER IS TO BE FINALLY HEARD.

BUT THIS IS A CASE WHERE IT'S THE APPLICANT WHO'S ACTUALLY REQUESTED A CONTINUANCE.

SO THERE ISN'T A SET LIMIT.

[00:05:02]

IF WE GO BEYOND THE LIMIT, THE TIME FRAMES THAT THE STATUTE PROVIDES FOR WHEN CERTAIN MATTERS ARE HEARD, THEN IT'S BETWEEN THE APPLICANT AND THE AND THE CITY TO TO COME TO AN AGREEMENT. AND BECAUSE THE APPLICANT IS THE ONE WHO'S REQUESTING ADDITIONAL TIME, THAT'S THAT'S NOT AN ISSUE AT THIS POINT.

THANK YOU. THANK YOU, MR. MCLEOD, FOR YOUR INQUIRY.

I SHARE IN YOUR SENTIMENT OF OF CURIOSITY.

AND FRANKLY SPEAKING, I DON'T LIKE THE PRACTICE.

AND I'VE SEEN THIS ITEM MULTIPLE TIMES ON OUR AGENDAS.

YET WE HAVEN'T ACTUALLY SPOKEN ABOUT IT.

SO, THAT BEING SAID, I'LL CALL A VOTE.

ALL THOSE IN FAVOR OF CONTINUING TO THE NINE FOUR MEETING SAY AYE.

AYE. AYE. ANY OPPOSED? SAY NAY. NAY. NAY.

THAT PASSES 5 TO 2.

THAT CASE WILL BE CONTINUED TO NINE.

FOUR. THAT BRINGS UP OLD UNFINISHED BUSINESS.

ITEM NUMBER TWO. CASE NUMBER PS 23 00011.

AND ONCE AGAIN, AS I'M READING, THE APPLICANT HAS REQUESTED TO CONTINUE THIS TO THE NINE FOUR PLANNING AND ZONING MEETING.

DO I HEAR A MOTION? MOTION TO CONTINUE PS 20 3-00011 TO THE NINE FOUR MEETING. WELL, SECOND, I HAVE A MOTION BY MR. BOEREMA, SECONDED BY MR. JAFFE TO CONTINUE.

CASE NUMBER PS 2300011 TO THE NINE FOUR PLANNING AND ZONING MEETING.

ANY FURTHER DISCUSSION? I CAN SAY THAT I KNOW THAT IN THE PAST WE'VE WHEN WE CONTINUE WE'VE CONTINUED TO LEASE MAYBE TWICE BEFORE MAKING A REQUEST TO TO REMOVE IT FROM THE FROM THE AGENDA.

SO I THINK THIS WOULD BE THE I'M NOT SURE, BUT I KNOW THAT WE JUST CONTINUED IT LAST MONTH AND WE'RE CONTINUING AGAIN THIS MONTH. SO THAT WOULD BE THAT TWO STRIKES, I THINK, IN A SENSE.

SO WOULD WOULD THE BOARD LIKE US TO CONSIDER SOME TYPE OF POLICY? OF COURSE, THAT WOULD HAVE TO BE APPROVED BY CAO AND THE CMO AND THE AND THE COUNCIL.

BUT, YOU KNOW, IF YOU FEEL THAT THAT THINGS GO ON A LITTLE TO TOO LONG OR YOU COULD JUST DENY THEIR CONTINUANCE AFTER THREE AND THREE, THREE STRIKES.

AND, YOU KNOW, NOW YOU'RE NOW YOU'RE DONE.

IN THIS PARTICULAR INSTANCE THEY HAD A PRELIMINARY PLAT AVAILABLE, READY AND READY TO GO.

AND THEN THEY DECIDED TO MAKE SOME MATERIAL CHANGES, WHICH WE ALL AGREED TO.

AND WE HAVEN'T SEEN IT YET.

SO WE'RE GOING TO BE ASKING THEM NOW TO, TO SEND IT TO US, AND WE MAY HAVE TO START ALL OVER AGAIN.

SO. OKAY, JUST JUST TO ALLAY YOUR, YOUR, YOUR CONCERNS ABOUT THIS, YOU KNOW, THEY'RE THEY'RE THEY'RE ASKING FOR THESE CONTINGENCIES IN ORDER TO SAVE ON ADVERTISEMENT.

OBVIOUSLY. BUT WE BELIEVE THEY'RE THEY'RE MAKING SOME MATERIAL CHANGES THAT WE'RE GOING TO HAVE TO BRING THROUGH A A REVIEW AGAIN.

SO, MR. MCLEOD ALL I ASK IS THAT WHEN A CONTINUANCE IS REQUESTED, WE BE ADVISED AS TO WHY.

AND YOU KNOW, IT'S JUST THEY ASK FOR A CONTINUANCE AND THERE'S NO EXPLANATION THAT WE CAN SEE.

AND I'M JUST UNCOMFORTABLE WITH, YOU KNOW, THAT THAT IS A FAIR REQUEST.

AND FOR NOW ON, WE WILL GO AHEAD AND COPY THE.

GENERALLY, THEY SEND US AN EMAIL.

RIGHT. FOR EXAMPLE, MAKE SURE THAT YOU GET A COPY OF THAT EMAIL FOR EXAMPLE APPLICANT REQUESTS CONTINUANCE DUE TO CHANGES ON THE PLAN.

CORRECT. YES.

THAT WILL AT LEAST LET ME FEEL MORE COMFORTABLE THAT WE'RE NOT BEING STRUNG ALONG.

I THINK THAT'S A FAIR REQUEST, SIR.

AND WE'LL WE'LL TAKE THAT UNDER ADVISEMENT AND MAKE SURE THAT THAT HAPPENS FROM NOW ON.

THANK YOU ALL FOR YOUR CONSIDERATION OF THIS.

MR. MACLEOD, I ECHO YOUR FEEDBACK, AND I'D LIKE TO ADD ON THAT I WOULD LIKE TO BE INFORMED OF THE FREQUENCY OF CONTINUANCES.

SO THIS IS THE THIS IS THIS APPLICATIONS OR CASES, FIRST CONTINUANCE, SECOND CONTINUANCE, SO ON AND SO FORTH.

I THINK THAT JUST SHARING THAT INFORMATION WITH US AS A BOARD AND WITH THE GENERAL PUBLIC I FEEL AS THOUGH WE CAN DO THAT WITHOUT ANY POLICY CHANGES.

SO I APPRECIATE THAT.

SO THAT SAID, I'LL CALL THE QUESTION REGARDING THIS.

I THINK MR. WEISS WANTS TO.

WELL, CERTAINLY. BUT WE'RE NOT ENTERTAINING THE CASE.

SO PROCEDURALLY, THERE'S REALLY NO APPROPRIATE PLACE FOR US TO ACCEPT HIS COMMENTS.

OKAY. SO THAT SAID, ALL IN FAVOR OF THIS CONTINUANCE OF THIS MOTION, I MIGHT SAY ALL IN FAVOR? AYE, AYE.

ALL OPPOSED? NAY, NAY. PASSES 5 TO 2.

THIS CASE WILL BE CONTINUED TO NINE.

FOUR. FOUR. THIS BRINGS UP OLD AND UNFINISHED BUSINESS CASE ITEM NUMBER THREE.

AND THIS IS CASE VICTORY 20 4-00003.

AND I'LL DEFER TO MISS JACKSON.

GOOD EVENING, MR. CHAIR. I BRING TO YOU OUR FIRST CASE FOR TONIGHT.

[00:10:01]

CASE NUMBER V 20 4-00003.

THE APPLICANT, GRAPEFRUIT LEAGUE LAND GROUP LLC.

AND THEY'RE REQUESTING IN THIS PARTICULAR VARIANCE A VARIANCE TO THE HEIGHT.

I'M SORRY FIVE FEET BELOW.

I'M SORRY. FIVE FEET ABOVE THE REQUIRED MAXIMUM, WHICH IS 25FT, AND THEY'RE ASKING FOR 30FT.

I'M SORRY. I'M SORRY TO INTERVENE HERE, ALTHEA, BUT THE 24 003 IS IN REGARD TO THE REAR SETBACK.

SETBACK? SO.

SORRY. SO THE FIRST VARIANCE REQUEST IS FOR THE PARKING LOT SETBACK.

NEXT SLIDE. THIS IS ON JUST OVER NINE ACRES.

ZONED NEIGHBORHOOD.

COMMERCIAL. AND AGAIN, THE 15.5FT.

IF YOU GO TO THE NEXT SLIDE, WE SHOULD HAVE WHERE THEY ARE ASKING FOR THE VARIANCE.

THEY'RE REALLY JUST HIGHLIGHTING ONE SPECIFIC AREA.

BUT IT RUNS SEVERAL FEET FROM THE PARKING, NOT NECESSARILY THE AREA WHERE THEY'VE GOT THE HIGHLIGHTS, BUT IF IF YOU COULD POINT TO JUST THE LATTER PART OF THE PARKING IS WHERE YOU START TO SEE THAT DECREASE IN THE SETBACK. BUT THE REQUEST IS REALLY ONLY ABOUT THE PARKING AREA AND THE SETBACK REQUIREMENT.

SO NOT NECESSARILY THAT PORTION THEY HAVE HIGHLIGHTED, BUT JUST THE THOSE PORTIONS ADJACENT TO THE ACTUAL PARKING ITSELF.

AND THEY HAVE REQUESTED THIS.

AND I'LL ALLOW THE APPLICANT TO EXPLAIN IN MORE DETAIL BECAUSE OF THE REQUIREMENTS FOR THE PLAY FIELD FOR THIS TYPE OF SCHOOL AND THE LAYOUT OF THE SITE PLAN DOESN'T REALLY PERMIT THEM TO ADHERE TO THIS PARTICULAR SETBACK, AT LEAST WHERE THE PARKING IS CONCERNED, AS THEY HAVE TO HAVE THE PLAYFIELD A CERTAIN SIZE TO MEET THE MINIMUM REQUIREMENTS, AND THEY ALSO NEED THE THE STACKING FOR THE PARENT DROP OFF AND PICKUP, AS WELL AS THE BUS LANE.

NEXT SLIDE. WE DID ASK THEM TO RESPOND TO ALL OF THE CRITERIA, AND WE FOUND THAT THEY DID EXPRESS A HARDSHIP IN TRYING TO MEET THE SETBACK, AT LEAST FOR THAT PORTION OF THE PARKING AREA.

WITH THAT, I'LL TAKE ANY QUESTIONS.

BOARD. ARE THERE ANY QUESTIONS FOR STAFF? I HAVE SOME QUESTIONS, MISTER.

JEFF, IS THE.

IS THERE A LIGHTING PLAN? IS THE SOCCER FIELD LIT OR IS THE PARKING LOT IN THAT AREA? IS THERE LIGHTING? WELL, WE HAVEN'T FINISHED THE REVIEW FOR THE SITE PLAN, BUT I WOULD IMAGINE THAT IT IT IT IS.

I'LL LET THE APPLICANT ANSWER.

YEAH, WE'LL DEFER THAT TO THE APPLICANT.

FURTHER QUESTIONS FOR STAFF.

JUST A CURIOSITY.

I SAW WHERE IT FIRST CAME OUT, WHERE STAFF RECOMMENDED THAT IT DID NOT MEET REQUIREMENTS, AND THEN WE CHANGED IT, IT LOOKS LIKE.

AND THEN THERE WERE SOME HIGHLIGHTED AREAS WHERE THOSE CHANGES WERE MADE.

WHAT WAS THE MAJOR DIFFERENCE THAT STAFF FOUND THAT TO CHANGE THEIR OPINION.

RIGHT. SO MY STAFF REPORT INITIALLY WAS BASED ON THE APPLICANTS RESPONSES TO CHAPTER 169 OF THE CODE, WHICH THEY'RE SUPPOSED TO RESPOND.

IT'S FOR THEM TO EXPRESS THEIR HARDSHIP IN TERMS OF WHY THEY CAN'T MEET THE VARIANCE.

AND THE RESPONSES DID NOT MEET THAT CRITERIA.

SO THEY DID RESUBMIT RESPONSES WHICH OUTLINED THEIR ARGUMENTS A LITTLE BETTER.

FURTHER QUESTIONS FOR STAFF.

YES, MR. MCLEOD. IN MY CONTINUING REQUEST TO BE ADVISED AS A BOARD, I WOULD JUST WISH THAT WHAT YOU JUST SAID WOULD BE AT THE FRONT AT THE VERY FIRST PARAGRAPH.

THIS IS A RESUBMISSION PURSUANT TO THE CITY CODE.

THEY HAVE NOT ANSWERED THE QUESTIONS.

AND HERE'S OUR ANALYSIS BECAUSE I'M LOOKING AT ALL THESE LINES STRUCK OUT.

AND I'M TRYING TO FIGURE OUT WHY ARE WE STRIKING THEM OUT FOR THE REVISED.

YES, YES. SO YOU KNOW, JUST LET US KNOW THAT THIS IS A RESUBMISSION BASED UPON WHATEVER HAPPENED FIRST, AND THEN WE WILL KNOW YOUR ANALYSIS CHANGE BASED ON THE RESUBMISSION.

OKAY. WE CAN DO THAT.

THANK YOU, MR. MCLEOD.

FURTHER QUESTIONS FOR STAFF.

MAYBE JUST ONE. BECAUSE I WAS JUST.

JUST THINKING ABOUT THIS. BECAUSE I KNOW WE'VE LOOKED AT A LOT OF THESE SETBACKS BEFORE, AND WE USUALLY SEE THEM FOR, YOU KNOW, MAYBE A SHED OR WE SEE SOMETHING WHERE IT'S, YOU

[00:15:05]

KNOW, IT'S ENCROACHING BY A COUPLE FEET OR SOMETHING LIKE THAT.

BUT WITH THIS BEING 15.5FT ON A 25 FOOT ESTABLISHED SETBACK, HAVE IS THERE PRECEDENCE WHERE WE'VE WE'VE DONE THINGS LIKE THIS THAT ARE THAT ARE THIS LARGE WHERE IT'S OVER HALF OF THE ALLOTTED SETBACK SPACE.

HAVE WE DONE THAT IN THE PAST? CAN YOU CAN YOU GO TO THE SLIDE SO I CAN MAKE IT MORE CLEAR? I DO WISH I HAD A POINTER, BUT I'LL JUST USE THE SCREEN.

SO WE'RE REALLY TALKING ABOUT THE SETBACK FROM THE PARTY.

SO IT'S NOT NECESSARILY WHERE WE'RE HEADED, BUT FROM THE PART OF THE AREA, THIS IS WHERE THE LINE SHOULD HAVE BEEN.

AND IN THIS CASE ACCORDING TO THE NUMBERS.

BUT IT'S IT'S REALLY NOT OVER HERE BECAUSE THIS PORTION TO THIS LAST PART OF THIS SPACE AND ONLY HALF OF IT IS ACTUALLY MOST OF IT IS NOT OKAY.

IS IS THE SETBACK REQUESTED TO TO ALLEVIATE ANY SAFETY CONCERNS? IS THE SETBACK REQUIRED TO KNOW IS ONE OF THE REASONS THEY'RE REQUESTING A SETBACK IS THEY WANT MORE SPACE TO HAVE BUSSES COME IN AND STUFF LIKE THAT.

NO, THE THE RESPONSE CRITERIA STATED THAT THEY WERE REQUESTING THE SETBACK BECAUSE OF THE SOCCER FIELD, THE MINIMUM SIZE REQUIRED FOR THIS TYPE OF SCHOOL.

OKAY. THAT IS THE MINIMUM SIZE THAT IT'S SHOWN RIGHT NOW.

AND WITH THE CONFIGURATION OF THE LOT, THEIR HARDSHIP WAS THAT IT REALLY WAS THE ONLY PLACE WHERE THE BALL FIELD WOULD FIT.

I'D HAVE TO ALLOW THE APPLICANT TO MAKE HIS OWN ARGUMENT WITH THAT.

CERTAINLY. THANK YOU FOR YOUR INQUIRIES.

BOARD. FURTHER QUESTIONS FOR STAFF BEFORE WE HEAR FROM THE APPLICANT.

I DO HAVE ONE.

WHAT IS THE ACRONYM FSA STAND FOR IN THE REFERENCE TO THE SOCCER FIELD? HIGH SCHOOL. HIGH SCHOOL.

FLORIDA. WE'LL DEFER THAT TO THE APPLICANT AS WELL, WHICH I THINK WILL QUITE NICELY TRANSITION US.

THANK YOU, MA'AM, INTO THE REQUEST THAT THE APPLICANT COME FORWARD AND PRESENT THEIR CASE.

THANK YOU. JAKE WISE, CIVIL ENGINEER FOR THE PROJECT, ADDRESSES 2651 WEST EAU GALLIE BOULEVARD.

I DO AN EXHIBIT THAT I THINK WILL HELP CLARIFY BOTH THIS AGENDA ITEM AND THE NEXT ONE IF IT'S OKAY IF I APPROACH THE BOARD.

THANK YOU. ALL RIGHT.

THIS IS THE SAME EXHIBIT THAT YOU'RE LOOKING AT ON THE SCREEN.

IT'S JUST A LITTLE BIT COLOR ADDED TO HOPEFULLY CLARIFY THINGS.

BUT BEFORE I SPEAK ON THIS, THE FIRST TWO AGENDA ITEMS THAT YOU GUYS WERE KIND ENOUGH TO TABLE TONIGHT IS I'M ALSO THE APPLICANT FOR THOSE.

IT IS BECAUSE WE'VE HAD SUCH A FLURRY OF ACTIVITY ON THOSE COMMERCIAL LOTS THAT THE LOT LINES ARE BEING TWEAKED.

AND SO WE DIDN'T WANT TO COME BACK TWICE.

WE WANTED TO RESPECT THIS BOARD, RESPECT THE STAFF TIME, AND MAKE SURE THAT WE CAME TO YOU WITH ONE FINAL PROPOSAL.

SO THAT IS THE REQUEST FOR THE CONTINUANCE.

AND WE DO APPRECIATE THE ALLOWANCE FOR THAT.

BUT FOR THIS SPECIFIC ITEM IN THE NEXT ITEM, WE'RE ASKING FOR TWO SEPARATE VARIANCES FOR THE PROJECT.

WHAT YOU'RE LOOKING AT THE EXHIBIT, THE BOTTOM PORTION OF THE SITE, THE GREEN SPACE, IS WHERE WE'RE ASKING IT TO BE REDUCED NOT BY MORE THAN HALF.

IT'S 38% REDUCTION IF YOU DO THE MATH.

SO INSTEAD OF A 25 FOOT PAVEMENT SETBACK, WE'RE ASKING FOR 15.5FT.

AND THE REASON WE'RE ASKING FOR THAT IS BECAUSE OF THE SOCCER FIELD.

SO PHSA IS NATIONAL FEDERATION OF STATE HIGH SCHOOL ASSOCIATIONS.

SO THEY HAVE STANDARD SIZED FIELDS THAT YOU MUST HAVE IN ORDER TO BE ABLE TO PARTICIPATE AND UTILIZE YOUR FIELD FOR CERTAIN EVENTS, THINGS LIKE THAT.

SO IT'S NOT ONLY THE SIZE OF THE FIELD, BUT IT'S ALSO A TEN FOOT BUFFER.

WE ALSO KNOW THAT CITYWIDE WE'RE HAVING STRUGGLES WITH SOME OF OUR CHARTER SCHOOLS AND PUBLIC SCHOOLS WITH STACKING OUT INTO THE PUBLIC RIGHT OF WAYS. THIS BOARD HAS PROBABLY HEARD OF A COUPLE OF RECENT EXAMPLES, AND WE'VE BEEN INVOLVED WITH A COUPLE OF THEM.

SO ONE OF OUR HIGHEST PRIORITIES AND WORKING WITH CITY STAFF HAS BEEN TO MAKE SURE THERE'S ADEQUATE STAFFING ON SITE.

SO THIS PLAN, MOST OF IT HAS DOUBLE AND TRIPLE STACKING FOR THE PARENT LOOP.

[00:20:05]

AND THEN WE HAVE EXACTLY ENOUGH STACKING FOR THE NUMBER OF BUSSES THEY KNOW THEY'RE GOING TO HAVE.

THIS IS FOR AN ODYSSEY SCHOOL.

ODYSSEY ALREADY HAS TWO CAMPUSES IN PALM BAY.

BOTH HAVE BEEN HIGHLY SUCCESSFUL FOR DECADES.

THEY HAVE A 900 PERSON WAITING LIST FOR THIS SCHOOL.

WHEN WE WERE WORKING WITH STAFF, STAFF WAS EXPLAINING TO US THAT SOME MIDDLE SCHOOL KIDS RIGHT NOW ARE BEING BUSSED AN HOUR EACH DIRECTION TO TRY TO GET TO THEIR MIDDLE SCHOOL.

SO WE KNOW THERE'S A COMMUNITY NEED.

WE KNOW THIS.

THE SCHOOLS ALSO FOR UNDERPRIVILEGED CHILDREN MOSTLY.

SO WE KNOW THERE'S A NEED.

WE KNOW THAT WHAT WE WANT TO MOVE FORWARD WITH THIS AS QUICKLY AS WE CAN.

FOR THE COMMUNITY, WITH THE SITE BEING NINE ACRES AND ALL THE OTHER REQUIREMENTS WE HAVE FOR PARKING STORM WATER PLAY AREAS STORMWATER TREATMENT FOR EXAMPLE, WE HAVE OUR OWN ON SITE LIFT STATION.

WE COULD ONLY STRETCH THE CAMPUS AS MUCH AS WE POSSIBLY COULD, AND STILL MEET THE STANDARDS THAT ARE NEEDED, AND ALSO THE COMMUNITY STANDARDS THAT MAKE THIS SCHOOL SUCCESSFUL.

ESPECIALLY WITH OUR OTHER TWO CAMPUSES, THEY'VE DONE IT BEFORE.

I'VE BEEN TO CITY COUNCIL AND THEY'VE RECEIVED COMMUNITY AWARDS.

THEY JUST TRIED. AMAZING PROGRAM.

IF YOU'VE NEVER BEEN TO AN ODYSSEY SCHOOL, I SUGGEST GOING BY AT LUNCH.

THEY HAVE AN INCREDIBLE PROGRAM WATCHING KIDS EAT SALAD AND APPLES AND THINGS LIKE THAT EVERY DAY AT LUNCH IS SOMETHING I'VE NEVER SEEN AT A SCHOOL BEFORE.

AND WE'VE DONE DOZENS AND DOZENS OF THEM.

SO THEY REALLY KNOW THEIR PROGRAM, THEY KNOW WHAT THEY NEED.

AND WE'RE ASKING FOR THIS VARIANCE.

SO WITH THIS EXHIBIT THAT YOU'RE LOOKING AT, THE GREEN SPACE IS THE ONLY AREA WHERE THE PARKING BUMPS DOWN.

IT BUMPS DOWN ONLY BECAUSE OF THE SOCCER FIELD, AND ONLY BECAUSE AT THE NORTH END OF THE SITE, WHICH IS AT THE TOP OF YOUR SHEET UP AGAINST EMERSON, WE HAVE WHAT WE KNOW WE NEED FOR THE SCHOOL BUS STACKING.

SO WE'VE DONE EXACTLY WHAT WE KNOW WITH THE SUCCESS OF THE OTHER TWO SCHOOLS THAT THEY'VE HAD THE OTHER TWO CAMPUSES IN PALM BAY OF WHAT THEY NEED.

SO WE'RE ASKING FOR THAT BUMP TO JUST BE 9.5FT LESS THAN WHAT THE CODE SAYS THE NC ZONING CODE HAS THIS 25 FOOT SETBACK.

IT'S ONE OF THE ONLY ZONINGS, IF NOT THE ONLY ZONING, THAT HAS THAT.

ALMOST EVERY OTHER ZONING IN THE CITY OF PALM BAY DOESN'T HAVE A 25 FOOT SETBACK FOR A PARKING SPACE OR A DRIVEWAY, AS YOU SEE SITE PLANS ALL THE TIME.

YOU SEE WE TYPICALLY HAVE ABOUT TEN FEET.

THIS ONE HAS 25.

FOR WHATEVER REASON, WHEN IT WAS WRITTEN A LONG, LONG TIME AGO.

SO WE HAVE SEEN THIS BE A CONCERN ON OTHER SITES IN THE PAST AS WELL.

OTHER ZONINGS THAT THIS SCHOOL IS ON DON'T HAVE THAT OTHER ALLOWABLE SCHOOL ZONINGS DON'T HAVE THIS REQUIREMENT FOR THE 25 FOOT PAVEMENT SETBACK.

SO IT DOES AFFECT FOR SINGLE FAMILY LOTS.

AND SO WE HIGHLIGHTED THOSE IN YELLOW.

ONE OF THE NEIGHBORS IS HERE TONIGHT.

SHE CAME TO OUR NEIGHBORHOOD MEETING.

AND SO WHAT WE TALKED ABOUT AT THE NEIGHBORHOOD MEETING AND WHAT'S IN OUR APPLICATION IS THAT WE'RE GOING TO PUT UP A SIX FOOT HIGH PVC OPAQUE FENCE.

SO FROM GROUND LEVEL OR FIRST FLOOR LEVEL, LOOKING AT IT, YOU WOULDN'T EVEN BE ABLE TO TELL WHETHER IT'S 15 OR 25FT.

THE STACKING THAT OCCURS OCCURS FOR ABOUT 10 TO 12 MINUTES IN THE MORNING AND FOR ABOUT 15 MINUTES IN THE AFTERNOON.

SO IT'S TWICE A DAY, FIVE DAYS A WEEK WHEN SCHOOL IS OPEN.

AND OTHER THAN THAT, TYPICALLY THERE'S NOT MUCH ACTIVITY OR, OR VEHICLES AT ALL IN THIS AREA.

WE PRESERVE SOME EXISTING TREES IN THE SCREEN AREA THAT YOU SEE ON YOUR EXHIBIT.

IN ADDITION TO LANDSCAPING THAT WE'RE PROPOSING WE DON'T HAVE ANY STORMWATER TREATMENT IN THAT AREA.

WE'RE LEAVING THE GRADE AS MUCH AS WE CAN AT EXISTING GRADE FOR THAT TREE PRESERVATION, BECAUSE WE WANT TO CREATE THE BEST BUFFER THAT WE CAN AND STILL REQUEST THAT SETBACK.

THE NEXT AGENDA ITEM TONIGHT IS FOR A SECOND VARIANCE TO ALLOW US A LITTLE BIT MORE HEIGHT FOR THE SCHOOL BUILDING ITSELF.

WE DECIDED INSTEAD OF DOING A LARGER SINGLE STORY FOOTPRINT, WHICH WOULD HAVE BEEN MORE COST EFFECTIVE, WE WANTED TO DO A TWO STORY AND ASK FOR THAT LITTLE BIT OF HEIGHT.

AND THAT'S BECAUSE, AGAIN, WE'RE TRYING TO MINIMIZE THE CAMPUS FOOTPRINT SO THAT WE COULD MINIMIZE THAT BUMP OUT THAT WE HAVE JUST ALONG THAT FIELD. SO WE HAVE DONE, EVEN AT A PRETTY SIGNIFICANT EXPENSE TO THE SCHOOL AND TO THE PROJECT, EVERYTHING WE THINK WE CAN ASK FOR THIS MINIMUM

[00:25:05]

VARIANCE THAT, AGAIN, WOULDN'T BE NEEDED IN OTHER ZONINGS, INCLUDING EVEN ONE OF THE OTHER SCHOOL SITES THAT THEY HAVE.

YOU ASKED ABOUT LIGHTING. GOOD QUESTION.

WE ARE PLANNING TO LIGHT THE PROJECT AS FAR AS PARKING AND THINGS LIKE THAT GO.

I DON'T KNOW SPECIFICALLY IF WE'RE GOING TO LIGHT THE FIELD, BUT IF WE DO, AND WE'VE DONE A LOT OF THESE TYPES OF SCHOOL PROJECTS, THEY WOULD BE SHIELDED.

THEY WOULD BE SHINING DOWN.

WE WOULD DO PHOTOMETRIC PLAN THAT WOULD BE PROVIDED TO THE CITY STAFF THAT SHOWS ZERO FOOT CANDLES AT THE PROPERTY LINE.

SO IF THAT IS A CONDITION THAT THIS BOARD FEELS IS NECESSARY.

WE HAPPY TO BE AGREEABLE TO SOMETHING LIKE THAT BECAUSE GREAT QUESTION.

THAT DIDN'T COME UP IN OUR STAFF REPORT.

THE REASON YOU ASKED ABOUT THE STAFF CHANGE IN THE STAFF REPORT, OUR FIRST SUBMITTAL WAS INCOMPLETE.

THEY REVIEWED IT.

THEY DID A WRITE UP.

THEY WERE CORRECT.

IT JUST WAS NOT A COMPLETE SUBMITTAL.

SO ONCE WE MET WITH STAFF, WE'RE REVIEWED.

OUR SUBMITTAL REALIZED THAT WE MADE A MISTAKE.

SO WE RESUBMITTED.

AND THAT'S WHY YOU HAVE A CHANGE OF THE STAFF.

SO THAT'S THE APPLICANT'S FAULT.

THERE'S NOTHING TO DO WITH THE STAFF AT ALL.

100% OUR FAULT FOR NOT PROVIDING THAT COMPLETE SUBMITTAL THE FIRST TIME WITH RESPECT TO THIS SPECIFIC AGENDA ITEM.

SO WITH THAT BEING SAID, THIS PROJECT OVERALL IS A REALLY INCREDIBLE COMMUNITY ASSET, AS ARE THE OTHER TWO CAMPUSES. AS I EXPLAINED EARLIER.

WE ARE ASKING FOR WHAT WE THINK IS THE MINIMUM WE CAN TO MAKE THIS SCHOOL SUCCESSFUL, TO HAVE THAT PHSA STANDARD SOCCER FIELD SIZE.

WE DID WHAT WE COULD WITH THE FENCING, THE TREE PRESERVATION AND WE TRIED TO MINIMIZE THE LITTLE BIT OF BUMP OUT THAT WE HAVE THAT YOU SEE ON YOUR EXHIBITS. SO WITH THAT BEING SAID, THE STAFF REPORT IDENTIFIES HOW WE MEET THE SEVEN CRITERIA FOR THE SETBACK.

STAFF IS SUPPORTING OUR REQUEST AND THEN BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.

THANK YOU SIR.

BOARD MEMBERS. DO WE HAVE QUESTIONS FOR THE APPLICANT? I HAVE ONE. DOES DOES THE CHARTER SCHOOL YOU MENTIONED.

I THINK THEY HAVE A COUPLE OTHERS IN THE COMMUNITY HERE.

DO THEY HAVE SOCCER FIELDS ON THOSE FACILITIES AS WELL? BOTH. BOTH OF THEM DO.

ONE OF THEM IS A LITTLE BIT BIGGER.

IT ACTUALLY HAS A TRACK AS WELL.

BUT BOTH OF THEM DO HAVE THE SOCCER FIELD.

YES. OKAY. OTHER QUESTIONS? JUST ANOTHER QUESTION. WHAT'S BETWEEN THE BASKETBALL COURTS AND THE SOCCER FIELD? WHAT IS THAT AREA? JUST ANOTHER PLAY FIELD.

FOR WHEN YOU HAVE K TO EIGHT, WE HAVE SEPARATE AREAS FOR THE SEPARATE AGE KIDS DURING THE RECESS PERIODS, THINGS LIKE THAT.

OTHER QUESTIONS? YES, SIR.

MR. WARNER. I GUESS I'M STILL JUST A LITTLE.

I MEAN, I KNOW YOU SAID THAT THERE WOULD BE THE BUFFER FOR THE FOR PROPERTIES.

ARE WE ARE THEY ARE THEY ENCROACHING ON THOSE PROPERTIES AT ALL IN ANY WAY? NOT NOT IN ANY WAY.

WE HAVE A FENCE ALONG OUR ENTIRE SOUTHERN BOUNDARY.

WE HAVE DRY RETENTION, STORMWATER TREATMENT ALONG THE ENTIRE BOUNDARY EXCEPT IN THIS AREA, THIS AREA, AGAIN, WE TRY TO KEEP AS MUCH AS WE COULD PRESERVED OF THE EXISTING VEGETATION AS A WOODED LOT, AND WE DIDN'T WANT TO DISTURB THE AREA AT ALL.

SO WE DID ACTUALLY BETTER BUY THOSE FOUR LOTS THAN WE DID ON THE OTHER ONES THAT ARE UP TO IT, BUT NO ENCROACHMENT AT ALL.

IN FACT, AT THE NEIGHBORHOOD MEETING WE WERE EVEN ASKED IF WE COULD MOVE THE FENCE INTO OUR SITE BY THE NEIGHBOR THAT'S HERE TONIGHT.

WE COULDN'T ACCOMMODATE THAT REQUEST, BUT THAT WAS SOMETHING THAT SHE HAD ASKED.

AND THIS IS THE ODYSSEY SCHOOL HAS OFFERED.

EMERSON. YEAH.

WE HAVE ONE OFF OF EMERSON AND ONE OFF OF ELDERON CURRENTLY.

I'M SORRY. EXISTING IS WYOMING AND ELDORADO, WYOMING.

SORRY. ALL RIGHT.

SO SO WITH THAT QUESTION THIS IS NOT GOING TO IMPACT THE TRAFFIC.

THAT'S THAT'S ALREADY EXISTING COMING UP THROUGH WYOMING.

YET THE PURPOSE OF ALL THIS ON SITE STACKING, IT'S OVER 2500 LINEAR FEET OF DOUBLE AND SINGLE STACKING ON SITE IS TO NOT CREATE A PROBLEM.

WE'RE ELIMINATING THAT BECAUSE IT IS AN ISSUE ON OTHER SITES.

CORRECT. THANK YOU JAKE.

THANK YOU. THANK YOU, MR. WARNER. MR. I HAVE A FEW QUESTIONS.

FIRST AND FOREMOST, HOW MANY STUDENTS WILL THIS CAMPUS HOLD? LET ME SEE IF I HAVE THAT NUMBER.

DAN, DO YOU HAPPEN TO KNOW? IT'S A K TO EIGHT SCHOOL. I DON'T HAVE THE EXACT STUDENT COUNT.

I CAN CERTAINLY FIND THAT OUT FOR YOU.

SURE. THE SCHOOL YEAR THAT IT'S ANTICIPATED TO OPEN THE SCHOOL YEAR.

[00:30:06]

JUST BEING OPEN. LET'S SEE.

LET ME DO MATH REAL QUICK.

WE'RE GOING INTO 24, 25 RIGHT NOW, 26 OR 27, DEPENDING ON TIMING OF PERM OF PERMITTING.

WE HAVE SUBMITTED FOR PERMIT APPLICATIONS THIS SITES PARTICULARLY COMPLEX WITH SOME OF THE OFF SITE IMPROVEMENTS THAT NEED TO BE MADE. I WASN'T GOING TO DIVE INTO IT, BUT WE'RE DOING LIKE A MILE AND A HALF OF A FORCE MAIN.

WE'RE DOING ANOTHER ALMOST MILE OF STORM DRAIN PIPING TO THE EAST.

SO IT'S A MORE COMPLEX SITE THAN YOUR TYPICAL SITE.

AND SO WE'RE NOT QUITE SURE, BECAUSE IF THE SCHOOL YEAR WE HAVE TO OPEN IN IN THE BEGINNING OF AUGUST, LATE JULY, OR WE BASICALLY MISS THE YEAR.

SO WE'RE RIGHT ON THE BRINK OF NOT SURE IF WE'RE GOING TO MAKE 26 OR 27.

UNDERSTOOD. I'M LOOKING TO UNDERSTAND, AND I'M HOPING YOU CAN QUALIFY YOUR STATEMENT THAT THERE'S A 900 STUDENT WAITING LIST FOR THIS PARTICULAR CAMPUS FOR ODYSSEY SCHOOLS IN GENERAL. FOR ODYSSEY SCHOOLS IN GENERAL.

IS THAT HOW MANY APPLICATIONS THEY TAKE BEFORE THEY RUN THEIR LOTTERY? OR IS THAT AFTER THEY'RE DONE WITH THEIR LOTTERY AND THEY FILL THEIR SCHOOLS? THERE'S 900 PEOPLE THAT WERE TOLD, NO, I DON'T KNOW HOW THEY CONDUCT THEIR I DON'T EVEN KNOW IF IT IS A LOTTERY.

I DON'T KNOW EXACTLY HOW IT WORKS.

THEY JUST HAVE THAT MANY PEOPLE THAT HAVE APPLIED TO ATTEND THEIR SCHOOLS ALREADY WITH TWO CAMPUSES THAT ARE ALREADY FULL.

RIGHT. OKAY.

SO IF THIS CAMPUS IS TO EXIST, THERE'LL BE THREE CAMPUSES IN THE ODYSSEY BRAND.

AND I SAY BRAND BECAUSE ODYSSEY IS, IS A IT'S A, IT'S RUN BY A COMPANY GREEN SCHOOLS MANAGEMENT.

GREEN APPLE SCHOOLS.

WHO'S GOING TO USE THIS SOCCER FIELD JUST THIS CAMPUS? IT WOULD BE JUST FOR THE STUDENTS OF THIS CAMPUS.

AND THEN THEY MIGHT HAVE A TOURNAMENT ON A WEEKEND OR DURING THE SUMMER OR SOMETHING LIKE THAT.

YES. SO THE OTHER TWO CAMPUSES WON'T BE BUSED HERE TO USE THE SOCCER FIELD OR ANYTHING OF THAT SORT.

THEY EACH HAVE THEIR OWN SOCCER FIELDS.

THAT'S CORRECT. IT'S BEEN A SUCCESSFUL FORMULA FOR THEM.

SO THEY WANT TO MAKE SURE THAT THEY COULD CONTINUE WITH THEIR SUCCESS WITH THIS SAME SOCCER FIELD HERE.

UNDERSTOOD. THE EL JOHN CAMPUS ISN'T IN QUESTION, BUT TO MY KNOWLEDGE, I'VE NEVER SEEN A SOCCER FIELD THERE.

AND I KNOW THAT THEY THEY WORK VERY HARD TO INSERT DIFFERENT AREAS, BUT I DON'T KNOW IT TO HAVE THIS EXTREMELY LARGE SOCCER FIELD.

SO I'M JUST TRYING TO WRAP MY HEAD AROUND WHY WE CAN'T BUILD A SCHOOL WITHOUT BUILDING A PITCH.

WHY IS A SOCCER FIELD THE QUALIFIER FOR THE JUSTIFICATION FOR BUILDING THE SCHOOL? JUST BECAUSE OF THE SUCCESS THAT THEY'VE HAD, WE DO ALL THE PINEAPPLE COVE CHARTER ACADEMIES AS WELL.

AND THE FIRST THING WE TRY TO DO IS FIT A SOCCER FIELD ON IT.

AND THEN IF WE CAN ATTRACT AS WELL, JUST FOR THE GENERAL BENEFIT OF THE STUDENTS, OF COURSE.

SCHOOL PRIDE IS A BIG ITEM WHERE YOU HAVE A TEAM.

YOUR YOUR, YOUR SCHOOL WEARS THE, YOU KNOW, THE PANTHER LOGO OR WHATEVER IT IS FOR THAT PARTICULAR SCHOOL.

THAT'S A REALLY BIG, IMPORTANT ITEM FOR THE SUCCESS OF THE SCHOOLS AND FOR THE CHILDREN.

AND THIS IS K TO EIGHT FIVE YEAR OLDS ON THE CAMPUS.

YOU KNOW, THEY GET PRETTY EXCITED ABOUT, YOU KNOW, WEARING THEIR TEAM SOCCER SHIRT AND STUFF LIKE THAT.

IT'S ALSO VERY FLEXIBLE.

YOU CAN PLAY ALL KINDS OF SPORTS ON A SOCCER FIELD WHILE YOU MEET THE STANDARDS FOR THE FFSA.

YOU ALSO HAVE INCREDIBLE FLEXIBILITY FOR ALL KINDS OF OTHER SPORTS THAT CAN BE PLAYED ON IT.

ON THE FIELD, ON CAMPUS.

WE ACTUALLY DESIGNED THE SOCCER FIELD FOR THEM.

IF YOU GO TO THE VERY FAR BACK CORNER, I THINK WE HAD TO GET A VARIANCE ON THAT.

IF I REMEMBER RIGHT, IN ORDER TO PUT THAT SOCCER FIELD IN, WE DID THE SAME THING.

TREE PRESERVATION FENCE BUTTS UP AGAINST A SINGLE FAMILY HOME.

THOSE HOMEOWNERS WERE VERY COOPERATIVE AND WORKED WITH US.

SO THIS IS NOT THE FIRST TIME WE'VE DONE THIS FOR ODYSSEY FOR THEIR SCHOOLS EITHER.

YOU'VE JUST REMINDED ME WHERE IT IS ON THE EL JOHN CAMPUS, AND I APPRECIATE THAT.

I THE HARDSHIP IS QUALIFIED BY THE FACT THAT YOU CAN'T GET THIS DONE WITH PROPER STACKING AND PROPER CAMPUS SIZE AND SO ON AND SO FORTH.

WITH THIS SOCCER FIELD HERE.

SO MY MIND IS JUST HAVING A LOT OF TROUBLE UNDERSTANDING AND JUSTIFYING AND REALLY RECOGNIZING IT AS A TRUE HARDSHIP.

PERHAPS THIS CAMPUS ISN'T DESTINED TO HAVE A SOCCER FIELD.

PERHAPS IT'S MEANT TO HAVE A MULTI-USE FIELD OR WHAT HAVE YOU.

OR PERHAPS THIS CAMPUS SHOULD BE BUILT ON A PIECE OF PROPERTY THAT'S SETBACKS ALLOW FOR SUCH.

MAYBE IN A DIFFERENT PART OF TOWN OR IN A DIFFERENT USE.

I NOTE THAT THIS IS NEIGHBORHOOD COMMERCIAL.

YOU KNOW, PERHAPS AN INSTITUTIONAL USE SECTION OR WHAT HAVE YOU.

WHEN I LOOK AT THE OTHER TWO CAMPUSES, AS FAR AS PRECEDENT, IT SEEMS LIKE, YOU KNOW, THEY'VE FIGURED OUT HOW TO MAKE IT WORK OVER TIME.

AND I THINK THAT THEY'RE STILL LEARNINGS TO BE HAD.

BUT I JUST DON'T UNDERSTAND HOW THE HARDSHIP IS.

OUR PROJECT CAN'T MOVE FORWARD UNLESS WE DO THIS, AND WE HAVE TO DO THIS BECAUSE OF OUR SOCCER FIELD.

I'M HAVING TROUBLE WITH THAT LINE OF THINKING.

I CAN HELP YOU WITH THAT.

SO THERE'S ONLY SO MANY PROPERTIES THAT ARE UNDEVELOPED, THAT ARE AFFORDABLE FOR A SCHOOL, THAT ARE OF SIZE, FOR SCHOOL TO FIT ON

[00:35:09]

THAT ARE IN AN AREA OF GROWTH.

THERE'S ONLY SO MANY PROPERTIES IN THE CITY.

SO WE FOUND THIS ONE.

WE DID EVERYTHING WE COULD TO MAKE IT TO WORK.

WE DOVE DEEP IN THE DESIGN, WORKED VERY CLOSELY WITH STAFF, ESPECIALLY ON THE STACKING PARKING.

HOW MANY BUSSES EXACTLY? HOW MANY PARENTS STAGGERED SCHOOL TIMES.

ALL THE DIFFERENT THINGS THAT GO INTO MAKING A SUCCESSFUL CAMPUS.

SO THERE'S NOT MANY OF THEM.

AND THIS IS TRULY A COMMUNITY DEED.

SO IF FOR WHATEVER REASON THIS SITE DOESN'T WORK, I DON'T KNOW OF ANOTHER ONE IN THIS PORTION OF THE CITY THAT HAS THE GROWTH, HAS THE NEED, HAS THE WAITING LIST THAT IT COULD GO ON.

IF THERE IS GREAT, IT'LL SET US BACK A YEAR.

BUT WE WOULD LOOK AT IT.

WE HAVEN'T FOUND IT.

AND THIS SCHOOL IS ENTRENCHED IN THE COMMUNITY AND THEY KNOW THE CITY MUCH BETTER THAN I COULD EVEN TELL YOU WITH RESPECT TO WHAT THE NEED IS FOR THE CHILDREN THAT YOU KNOW, THE K THROUGH EIGHT CHILDREN.

SO THAT'S WHY THIS LOCATION AT THIS TIME.

UNDERSTOOD. I'LL ASK YOU TO EXPLAIN AND ARTICULATE THE LOGIC BEHIND THE TRAFFIC FLOW.

I'M SEEING A FEW ARROWS.

THEY'RE POINTING A FEW DIFFERENT DIRECTIONS.

THE LANE OF TRAFFIC THAT MY EYE SEES WOULD BE CLOSEST TO THESE FOLKS HOMES.

AND IN, IN THIS THIS AREA OF SETBACK THAT, THAT WE'RE BEING ASKED TO REMOVE WOULD BE FLOWING, IT SEEMS, FROM WEST TO EAST, DIRECTLY NEXT TO TWO LANES OF TRAFFIC THAT ARE GOING FROM EAST TO WEST.

I'LL ASK YOU TO ARTICULATE THE WHY AND THE WHAT AND THE HOW AROUND THAT.

YEAH. NO. GREAT QUESTION.

THANK YOU. SO WE'RE LIMITED AT OUR DRIVEWAY WIDTH ON TO EMERSON ROAD CITY CODE REQUIREMENTS.

SO WE HAVE ONE INGRESS LANE AND ONE EGRESS LANE.

WORKING WITH CITY STAFF, WE DETERMINED THAT IT SHOULD BE A WRITE OUT ONLY.

SO THERE'S NO BACKUP FOR TRAFFIC TRYING TO MAKE A LEFT TURN.

SO WE HAVE A SINGLE LANE COMING IN.

WE CONTINUE THAT SINGLE LANE FROM EMERSON ROAD ON THE WEST SIDE OF THE CAMPUS.

DUE SOUTH WRAPS AROUND THE SOUTHERN BORDER AGAIN SINGLE LANE ALL THE WAY TO THE ROUNDABOUT, WHICH IS AT YOUR TOP RIGHT OF YOUR DRAWING.

OR YOU SEE IT HERE, THAT LOOP.

AND THEN IT GOES TO A DOUBLE STACK ALL THE WAY BACK AROUND TO THE VERY NORTHWEST CORNER OF THE SCHOOL.

WE MAXIMIZED IT AGAIN.

IT'S ABOUT 2500 LINEAR FEET OF STACKING SO THAT WE COULD HAVE THAT LARGE DROP OFF AREA.

THEY'VE BEEN VERY SUCCESSFUL AT THEIR OTHER TWO STACK, THE DROP OFF TWO CARS, LETTING OUT THEIR KIDS AT ONCE.

IT GOES QUICK AGAIN, 10 TO 12 MINUTES IN THE MORNING, ABOUT 15 MINUTES IN THE AFTERNOON.

AND THEN THAT'S IT. SO IT'S A VERY EFFICIENT.

AND THEY HAVE GREAT EXPERIENCE AND SUCCESS DOING IT THIS WAY ALREADY.

I UNDERSTAND THE TROUBLE I'M HAVING HERE, SIR, IS YOU KNOW, I LOOK AT PRECEDENT AND I CAN USE THE PRECEDENT OF ODYSSEY'S OTHER CAMPUSES.

I CAN USE THE PRECEDENT OF THE OTHER CHARTER SCHOOLS WITHIN OUR CITY, THAT IT'S NOT THE ACTUAL DISMISSAL TIME THAT BECOMES THE PROBLEM.

IT'S CERTAINLY NOT THE ARRIVAL TIME IN THE MORNING.

IT IS THE PRE-STAGING THAT HAPPENS THAT AS HARD AS THE SCHOOL MIGHT TRY, THEY HAVE NO CONTROL OVER THE PARENTS SHOW UP WHEN THEY SHOW UP.

AND I'LL JUST BE VERY TRANSPARENT WITH YOU AND THE REST OF THE BOARD.

MY DAUGHTER ATTENDED THE CAMPUS FOR TWO YEARS, AND FOR THOSE TWO YEARS MY WIFE DEALT WITH EITHER GETTING 90 MINUTES AHEAD OF DISMISSAL SO THAT SHE COULD ACTUALLY GET ON CAMPUS, OR IF SHE MISSED THAT WINDOW, SHE'D BE SITTING ON LAWN AND DEALING WITH PEOPLE DRIVING AROUND HER ON THE GRASS AND SO ON AND SO FORTH.

AND LITERALLY THAT STRESS OF PICKING UP OUR CHILD EVERY DAY IS WHAT DROVE US TO SEEK A DIFFERENT SCHOOL.

SO YOU CAN'T GET THERE EARLY ENOUGH.

IT'S A COMPETITION. HOW EARLY CAN I GET THERE? TO THE POINT THAT AT OTHER CAMPUSES ACROSS OUR GREAT CITY, PEOPLE ARE LINING UP AS EARLY AS TWO HOURS BEFORE.

SO I UNDERSTAND WHAT YOU'RE SAYING ABOUT THIS SPACE.

AND I DO THINK THAT THIS IS A GREAT AMOUNT OF SPACE.

BUT WHAT I SEE HAPPENING IS THESE VEHICLES BEING RIGHT IN THAT LANE OF TRAFFIC, RIGHT BEHIND THESE PEOPLE'S HOMES, IDLING FOR AT LEAST AN HOUR EVERY DAY, AND ONE, MY WIFE INCLUDED. NOBODY SHOULD IDLE FOR THAT LONG.

IT'S BAD FOR THE ENVIRONMENT.

BUT TO THE THE THE THE AMBIENT SOUND, LET ALONE THE NOXIOUS FUMES AND THINGS OF THE SORT THAT THESE FOLKS ARE GOING TO BE EXPOSED TO, YOU KNOW, COULD BE MITIGATED BY RESPECTING FULL SETBACKS.

AND WE'RE BRINGING THESE FOLKS THAT MUCH CLOSER.

YOU KNOW, IF SOMEBODY WANTS TO HAVE AN AFTERNOON CUP OF COFFEE OR TEA ON THEIR BACK PORCH, THEY'RE GOING TO HAVE TO LISTEN TO VEHICLES IDLING.

THAT'S. SO WE THOUGHT OF THAT.

SO I'LL GO. I'LL DIVE DEEPER FOR YOU.

ELDERON WAS BAD.

STACKING OUT INTO THE ROAD AFTER THAT CAMPUS WAS WE DID AN EXPANSION FOR THEM THAT INCLUDED A BUNCH OF EXTRA STACKING AT THE FAR SOUTH EAST CORNER OF THE SITE, SO IT'S MUCH BETTER.

THERE'S STILL A LITTLE BIT THAT GOES OUT INTO THE ROAD FOR A VERY SHORT PERIOD OF TIME.

[00:40:04]

AND BUT THAT IS MUCH IMPROVED.

WE DID THE SOCCER FIELD THAT YOU ASKED ABOUT EARLIER.

AT THE SAME TIME WE DID THAT ADDITIONAL STACKING FOR THAT CAMPUS.

SO THEY'RE SPENDING MONEY DOING WHAT THEY CAN TO MAKE IMPROVEMENTS TO THE EXISTING CAMPUS ISSUE.

YOU'RE 100% RIGHT, THOUGH.

IT WAS DEFINITELY A BIG ISSUE FOR THEM.

HERE. WE HAVE A GATE RIGHT HERE IF YOU CAN SEE THAT.

SO THAT IS TO STOP PEOPLE FROM COMING IN.

THEY WILL THEY SEND MEMOS OUT.

THEY BASICALLY TRAIN THE PARENTS, IF YOU WILL, TO KNOW THAT YOU CAN'T JUST SHOW UP EARLY AND IDLE FOR AN HOUR AND A HALF, YOU'RE NOT GOING TO GET INTO THE CAMPUS.

SO WE KNOW WE HAVE ENOUGH STACKING ON HERE.

WE'RE COMFORTABLE WITH THAT BECAUSE OF WHAT THEY'VE DONE AT THE OTHER SCHOOLS THAT ARE SO SIMILAR, AND SO THEY'RE NOT GOING TO LET THEM IN.

THEY'RE NOT GOING TO OPEN THAT GATE UNTIL A CERTAIN AMOUNT OF TIME.

MUCH SHORTER WINDOW TO THE OPEN IT.

I DON'T KNOW EXACTLY HOW LONG BUT THAT'S WHY THAT GATE IS THERE IS TO PREVENT EXACTLY WHAT YOU'RE DESCRIBING.

BECAUSE WE DON'T WANT THAT EITHER.

IT'S NOT GOOD FOR THE ENVIRONMENT.

IT'S NOT GOOD FOR THE NEIGHBORS.

IT'S NOT GOOD TO HAVE THOSE CARS SITTING IDLE.

SO WON'T THE FOLKS THAT AREN'T LISTENING TO THE RULES END UP QUEUING UP ON EMERSON? THEY'LL THEY'LL COME AND REALIZE THEY CAN ONLY STACK UP A SHORT DISTANCE AND THEY'LL EITHER LEAVE OR THEY'LL ASK THEM TO LEAVE.

THEY'LL HAVE TO, YOU KNOW, WORK THAT OUT.

I DON'T KNOW EXACTLY HOW THEY OPERATE, BUT THAT'S ALREADY THOUGHT OF.

AND THAT'S WHY THAT GATES THERE BASED ON PRECEDENT.

I THINK THAT IF THE GATES CLOSED AND THEY QUEUE UP TO THE ENTRANCE AND THEN SOMEONE COMES AND SEES THE QUEUE, THEY'RE NOT GOING TO DRIVE AROUND FOR AN HOUR, THEY'RE GOING TO PARK AND THEN THEY'RE GOING TO PARK, AND THEN THEY'RE GOING TO TAKE UP YOUR ENTIRE TURN LANE, AND THEN THEY'RE GOING TO STICK OUT OF THE TURN LANE, AND THEY'RE GOING TO HOLD UP THE TRAFFIC ON ONE OF OUR BUSIEST CORRIDORS AND ONLY GROWING.

THAT'S MY VISION.

SCHOOL IS COMFORTABLE THAT THEY CAN RESOLVE THAT WITH EDUCATION OF THE PARENTS.

IT'S NOT MY EXPERTISE.

A PINEAPPLE COVE IS COMFORTABLE TO GOOD.

PINEAPPLE COVE IS A DIFFERENT PROJECT.

IT IS. IT IS.

AGAIN, I GO ON PRECEDENT WITHIN MY COMMUNITY.

THAT BEING SAID, AND FOR THE RECORD, MY DAUGHTER WAS A PINEAPPLE COVE STUDENT TOO BEFORE WE GOT BETTER.

SO THAT SAID, IS THERE ANY FURTHER QUESTIONS FOR THE APPLICANT BEFORE WE HEAR FROM THE PUBLIC? I MEAN, I GUESS JUST A QUESTION OR A STATEMENT.

I MEAN, THE STACKING IS GOING TO HAPPEN REGARDLESS WHETHER THERE'S A SOCCER FIELD OR NOT.

CORRECT? CORRECT.

OKAY. THAT'S ALL RIGHT.

THANK YOU. YEP. THANK YOU, MR. JAFFE. ANY FURTHER QUESTIONS? ALL RIGHT. LET'S HEAR FROM THE PUBLIC.

GO AHEAD, MR. CHAIR. YEAH, JUST, I GUESS JUST A QUESTION OF CURIOSITY.

SURE. SO WE THEY'RE LOOKING FOR THE SOCCER FIELD.

IS THERE A REASON, THEN WHY? AND THEY OWN THE.

THEY OWN THE LAND. CORRECT.

FOR THE SOCCER FIELD. I'M SO SORRY.

THE SCHOOL, THE ODYSSEY SCHOOL.

THEY OWN THAT LAND FOR THE SOCCER FIELD.

CORRECT. THEY ARE IN THE CONTRACT TO PURCHASE IT.

THEY WON'T CLOSE ON THE LAND UNLESS THEY'RE COMFORTABLE.

THEY CAN GET A SITE PLAN APPROVAL.

SO SO THEY DON'T OWN IT YET.

THEY ULTIMATELY WILL. YES.

I'M NOT SURE IF THAT ANSWERS YOUR QUESTION.

OH, I GUESS WHERE I WAS GOING WITH THAT.

IF THEY OWNED THE PROPERTY, IF THEY ALREADY OWNED THE LAND, I WAS JUST IT WAS JUST CURIOUS.

900 STUDENTS, WHY NOT BUILD ANOTHER STRUCTURE OR SOMETHING TO ACCOMMODATE THE CHILDREN THAT ARE COMING IN INSTEAD OF A SOCCER FIELD? JUST BECAUSE THAT HAS BEEN SO SUCCESSFUL WITH THEIR OTHER TWO CAMPUSES AND THE FLEXIBILITY THAT ALLOWS FOR THE RECESS TIMES AND THINGS LIKE THAT WHEN IT'S NOT AN NSSF, HSA CERTIFIED EVENT.

SO THEY'RE TRYING TO BE ABLE TO DO BOTH.

UNDERSTOOD. ALL RIGHT.

THANK YOU SIR. WE DO APPRECIATE A CHANCE TO RESPOND TO ANY PUBLIC COMMENTS.

YES, SIR. MOST CERTAINLY.

SO WITH THAT SAID, THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? THAT NOTED, IS THERE ANYONE THAT WISHES TO SPEAK IN OPPOSITION OF THIS REQUEST? MA'AM.

MY NAME IS HELEN MULLINS.

I'M AT 1429 KASLO.

THERE'S MY SLIP. THANK YOU.

MA'AM, IF YOU COULD JUST PULL THAT MICROPHONE DOWN TOWARDS YOU AND YOU CAN EVEN MOVE THE PODIUM IF YOU WANT.

BUT THE MICROPHONE, AT LEAST.

YEAH, YOU WON'T, I PROMISE.

THERE YOU GO. BEAUTIFUL.

THANK YOU. MA'AM. WE GOOD? YES, MA'AM.

I JUST WANT TO HEAR YOU LOUD AND CLEAR SO THAT EVERYONE ELSE CAN AS WELL.

OKAY? I WAS TOLD THAT I COULD SHOW YOU PICTURES.

I'M THE PINK. THE PINK SQUARE THERE.

THE PICTURES ARE NUMBERED ONE THROUGH FIVE.

I DON'T REALLY UNDERSTAND SETBACKS AND VARIANCES.

I UNDERSTAND EASEMENTS AND.

MY PROPERTY LINES.

I HEAR A LOT ABOUT GREEN SCHOOL, AND I KNOW THAT WITH ALL THE BUILDING OUT WEST OF TOWN, WE PROBABLY NEED ONE, MAYBE EVEN TWO MORE SCHOOLS.

BUT THIS IS GOING TO BE IN MY BACKYARD.

I MEAN, LITERALLY, IF YOU GET GRANT THE VARIANCE, HE'S VERY PROUD OF HIS SIX FOOT OPAQUE FENCE.

[00:45:06]

BUT TO HIDE THAT SCHOOL AND TO BUFFER THE NOISE, I'VE GOT 30, 40, 50 FOOT PINE TREES AND CABBAGE PALMS. AND IF HE GETS THAT VARIANCE, THERE WON'T BE ANY OF THAT LEFT.

THERE WON'T BE ANYTHING GREEN.

IF YOU LOOK AT PICTURE ONE THAT IS LOOKING FROM MY BACK PORCH YESTERDAY EVENING INTO THIS AREA.

IF YOU LOOK AT THE SECOND PICTURE, THERE'S A BIG PINE TREE.

AND IF HE GETS THAT VARIANCE, EVERYTHING FROM THAT PINE TREE BACK WILL DISAPPEAR.

I KNOW HE THEY'RE TRYING TO SAVE SOME TREES AND AND BUT IT'S NOT IT'S IT'S NOT BENEFITING ME.

IT'S BENEFITING THEIR LOT.

AND WE HAVE GOPHER TURTLES.

WE HAVE DEER, WE HAVE FOX.

WE HAVE ANIMALS THAT THAT LIVE IN THAT.

I'M NOT SAYING DON'T GRANT THE SCHOOL.

I'M JUST ASKING YOU NOT TO GIVE AWAY EVERYTHING THAT I'VE HAD FOR THE LAST 14 YEARS.

PRIVACY. SOME WOODS.

THAT'S THE EASEMENT THAT THAT WE HAVE.

AND WHEN I BOUGHT MY HOUSE IT WAS A 30 FOOT EASTMAN AND HE WANTS HALF OF IT.

AND IF THAT'S THE CASE, THEN, AS YOU SEE FROM MY PROPERTY LINE TO THAT TREE IS TEN FOOT.

AND IF HE GETS THE 20 FOOT HE WANTS, THEN TEN FOOT IS ALL I'M GOING TO HAVE.

AND QUITE FRANKLY, I DON'T THINK I SHOULD HAVE TO GIVE EVERYTHING UP THAT I'VE HAD FOR THE LAST 14 YEARS SO THEY CAN BUILD A SCHOOL.

AND I AM IN AGREEMENT WITH EVERYTHING YOU SAID, SIR.

MR. WISKOWSKI, I THINK THAT WE ARE I DON'T THINK THERE'S ANY WAY THEY CAN CAN CONTAIN THE TRAFFIC AND THE.

AND RIGHT NOW, EMERSON.

EMERSON CAN BE A NIGHTMARE RIGHT NOW.

AND THE ONLY THING THAT SAVED WAS SAVING GRACES WHEN THEY PUT THE TRAFFIC LIGHT UP AT EMERSON AND GLEN COVE.

SO I JUST DON'T I MEAN, I'M NOT SAYING DON'T GIVE THEM THE RIGHT TO BUILD THE SCHOOL.

I'M JUST ASKING YOU NOT TO TAKE AWAY EVERYTHING THAT I'VE HAD FOR THE LAST 14 YEARS IN ORDER FOR THEM TO GET EVERYTHING THAT THEY WANT.

THAT'S ALL I'M ASKING IS TO REMEMBER PEOPLE LIVE ON THAT, ON THAT BLOCK, AND WE'RE ALL RETIRED.

YOU KNOW, IT'S NOT LIKE WE GOT KIDS THAT ARE GOING TO BENEFIT FROM WE EVERYBODY ON THAT.

ON CASTRO ON THE NORTH SIDE OF KASLO.

WE'RE SENIOR CITIZENS.

WE'RE RETIRED.

THERE'S ONLY THREE CHILDREN ON THAT WHOLE BLOCK, SO AND AND THE IDLING AND THE GAS FUMES.

IF THIS HAPPENS, THE PARKING LOT IS GOING TO BE IN MY BACKYARD, SO I, YOU KNOW, I WILL HAVE NO GREENERY FOR BUFFER.

I WILL HAVE NO GREENERY FOR FOR NOISE.

I WILL HAVE A TWO STORY SCHOOL WITH A SIX FOOT FENCE PROTECTING MY BACKYARD FROM THEM, AND I JUST DON'T FEEL THAT I SHOULD HAVE TO GIVE UP EVERYTHING IN ORDER FOR THEM TO BUILD A SCHOOL.

I'M NOT SAYING DON'T ALLOW THEM TO BUILD IT, JUST HAVE THEM MAKE SOME ADJUSTMENTS TO BENEFIT ALL OF THE SENIOR CITIZENS THAT LIVE ON THAT STREET.

SO I PRETTY MUCH SAID, AS CLEAR AS I CAN SAY IT, YOU KNOW, IT'S I'M NOT IN A POST.

THIS SCHOOL. I'VE NEVER BEEN OPPOSED TO THE SCHOOL.

WITH ALL THE BUILDING OUT WEST OF TOWN.

I'M SURE WE NEED IT.

WE PROBABLY NEED TWO SCHOOLS.

I WASN'T COUNTING ON ONE OF THEM BEING BUILT IN MY BACK YARD, BUT, YOU KNOW, IF THERE COULD BE SOME CONCESSIONS MADE THAT THAT GIVES ME SOME PRIVACY STILL.

I MEAN, ALL THE PEOPLE ON ON THE WHOLE BLOCK ARE PRETTY MUCH SENIOR CITIZENS.

AND A LOT OF US SWIM, WE GARDEN.

AND, YOU KNOW, NO OFFENSE, BUT I DON'T WANT SOME EIGHTH GRADE BOY STARING OUT THE WINDOW AT ME WHEN I'M IN MY MY MY WORK CLOTHES, WORKING IN MY GARDEN.

YOU KNOW, I JUST I JUST DON'T.

AND I THINK THAT IF WE LEFT SOME OF THE, THE NATURAL FOLIAGE, SOME OF THE PINE TREES, SOME OF THE CABBAGE PALMS AS A BUFFER BETWEEN US AND IT, THEN WE COULD ALL LIVE HAPPILY.

I'M NOT ASKING YOU NOT TO LET THEM TO BUILD THE SCHOOL.

I'M JUST ASKING YOU NOT TO TAKE AWAY EVERY ALL OF MY RIGHTS IN ORDER FOR IT TO HAPPEN.

WELL, THANK YOU FOR YOUR COMMENTS, MA'AM.

THANK YOU FOR COMING OUT TO SHARE WITH US.

THANK YOU FOR YOUR TIME.

YES, MA'AM.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK REGARDING THIS CASE? SO WITH THAT SAID, WITH THE APPLICANT LIKE TO RESPOND TO THESE AUDIENCE COMMENTS.

YES. THANK YOU SO MUCH.

CERTAINLY UNDERSTAND THE CONCERN.

WE STRETCHED, PULLED, ROTATED, DID EVERYTHING WE COULD TO TRY TO AVOID THIS.

THAT'S WHY WE'RE COMFORTABLE.

THAT'S WHY THE CITY STAFF IS COMFORTABLE THAT WE MEET ALL THE CRITERIA FOR VARIANCE, THE MINIMUM VARIANCE WE NEED.

WE DID EXTRA WORK TO TO PROVIDE TREE PRESERVATION.

WE DID EVERYTHING WE COULD TO MAKE IT THE BEST BUFFER POSSIBLE, THE GATE TO PREVENT VEHICLES FROM COMING IN EARLY AND STACKING, WHETHER WE GET THE VARIANCE OR WE DON'T GET THE VARIANCE.

IF THIS SCHOOL IS BUILT ON THIS SITE AND IT'S AN IF IF IT IS, THERE'S GOING TO BE CARS STACKED AROUND THE SITE.

[00:50:10]

IF YOU LOOK AT THE CURRENT ZONING, WHICH IS AN NC NEIGHBORHOOD COMMERCIAL ZONING, THIS IS, IN OUR OPINION, ONE OF THE BEST POSSIBLE USES BEHIND SINGLE FAMILY HOMES.

YOU COULD HAVE RETAIL STORES, WHICH IF THE RETAIL STORE IS THERE, BACK OF HOUSE, IS GOING TO BE ALL YOUR DUMPSTERS, YOUR EARLY MORNING PICKUP OF TRASH, YOUR EARLY MORNING EMPLOYEES SHOWING UP.

YOU COULD HAVE DIFFERENT TYPES OF PERSONAL SERVICE ESTABLISHMENTS, PEOPLE ON BREAK, SMOKING, ALL KINDS OF DELIVERIES EARLY IN THE MORNING WITH VEHICLES THAT ARE 18 WHEELERS SITTING BACK THERE AS THEY OFFLOAD AND UNLOAD FOR OTHER TYPE OF ALLOWABLE USES, COULD BE A DAYCARE, THE THE SCHOOL'S ALLOWABLE USE COULD BE A RESTAURANT WHICH COULD HAVE WHO KNOWS WHAT KIND OF HOURS.

THOSE ARE THE OTHER ALLOWABLE USES IN THE ZONING.

THIS AREA, AS THIS BOARD KNOWS BETTER THAN ANYBODY, IS EXPLODING WITH GROWTH.

THIS PROPERTY AT SOME POINT WILL BE DEVELOPED.

WE THINK THIS IS THE BEST POSSIBLE USE FOR THIS SITE FOR THE COMMUNITY, AND ALSO TO BE A GOOD NEIGHBOR TO THE PROPERTY OWNERS TO THE SOUTH.

IT'S NOT PERFECT BECAUSE WE ARE ASKING FOR THE TWO VARIANCES TONIGHT, BUT WE THINK IT IS THE BEST POSSIBLE CASE FOR WHAT WE CAN DO WITH THIS SITE IN ORDER TO PROVIDE US THE SCHOOL AND THE COMMUNITY NEED.

AND THIS IS A PROVEN SCHOOL THAT HAS DONE GREAT THINGS FOR A COUPLE OF DECADES NOW.

SO WE'RE ASKING THIS BOARD TO RECOMMEND APPROVAL FOR WHAT WE THINK IS THE MINIMUM VARIANCE FOR THE SCHOOL TO BE SUCCESSFUL WITH THE STACKING THAT WE KNOW IS NEEDED AND WITH THE STANDARD FIELD SIZE.

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

OKAY. THANK YOU SIR.

ANY FURTHER QUESTIONS FOR THE APPLICANT? NONE. SO WITH THAT BEING SAID, THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS.

THE CASE IS BROUGHT BACK TO THE BOARD.

BOARD MEMBERS, I WILL MENTION TO BOTH YOU AND THE PUBLIC THAT FOR THE RECORD, THERE ARE NO LETTERS IN THE FILE PERTAINING TO THIS CASE.

BUT THAT SAID, BOARD MEMBERS, AFTER HEARING ALL THE EVIDENCE, ARE THERE ANY FURTHER QUESTIONS? WELL, YOU ALREADY HIT THE QUESTION, SORRY.

OR IS THERE A MOTION OR REALLY ANY POINTS OF DISCUSSION PERTAINING TO THIS, MR. CHAIRMAN? CHAIRMAN? MR. BOEREMA.

I AM GOING TO VOTE FOR THIS, BUT I'D LIKE TO QUALIFY THAT MOST OF THE RESIDENTS IN PALM BAY HAVE A TEN FOOT SETBACK BEHIND THEIR HOUSES, SO THIS IS A LITTLE UNUSUAL 25 FOOT IN THE BACK OF THE PROPERTY.

THE RESIDENTS I UNDERSTAND THEY LIKE THE LOOK OF AN EMPTY LOT BEHIND THEM.

I AM A SENIOR CITIZEN.

I HAD THE SAME PROBLEM A COUPLE OF YEARS AGO, AND I HATED TO LOSE ALL THOSE TREES AND ANIMALS.

BUT THOSE LOTS ARE FOR SALE AND SOMETHINGS GOING TO GO ON THERE.

AND LIKE THE BUILDER WAS SAYING IT COULD BE SOMETHING THAT THE RESIDENTS MIGHT NOT LIKE NOISE WITH DUMPSTERS AND TRUCKS.

AND SO I JUST WANTED TO CLARIFY WHY I'M GOING TO VOTE FOR THIS.

THANK YOU FOR SHARING, MR. BOEREMA.

FURTHER DISCUSSION, MR. CHAIR. CHAIR. OH, I'M SORRY.

GO AHEAD MA'AM. I JUST WANTED TO WE WANT TO PRESENT SOME OTHER INFORMATION FOR YOU ALL AS A CONDITION OF THIS DECISION.

SURE. THANK YOU. YES.

STAFF WOULD LIKE TO AMEND ITS RECOMMENDATION TO MAKE A RECOMMENDATION FOR APPROVAL, WITH THE CONDITION THAT THE APPLICANT REQUESTS A SOME RELIEF OR A SPLIT OF THIS EASEMENT.

THE EASEMENT HAS NOT BEEN VACATED.

THAT'S PART OF THE SITE PLAN REVIEW.

SO WE WOULD MAKE A CONDITION THAT THEY VACATE THAT PORTION OF THE EASEMENT THAT SPEAKS SPECIFICALLY TO THE PORTION THAT MISS HELEN WAS TALKING ABOUT TO THE REAR OF HER PROPERTY.

THERE IS AN EASEMENT, DRAINAGE EASEMENT THERE, AND THAT REQUEST HAS TO COME TO THE CITY TO VACATE THAT IN ORDER FOR HIM TO USE IT.

SO WE'RE TALKING ABOUT SETBACKS THAT THAT JUST SIMPLY SIMPLE TERMS THAT CONCRETE CAN BE ON THAT BUILDING CAN BE ON.

WE'RE TALKING ABOUT SETBACKS IN THIS CASE.

BUT AFTER WE REMOVE ON FROM THIS SETBACK CASE, THE APPLICANT WOULD THEN HAVE A BURDEN TO VACATE AN EASEMENT.

IF IF HE WANTS TO BUILD IN THE EASEMENT, HE WOULD NEED TO HAVE THAT VACATED, WHICH IS A 20 FOOT EASEMENT.

THAT EASEMENT IS 30FT, JUST A PORTION OF THE EASEMENT.

SO IT'S A 30 FOOT DRAINAGE EASEMENT.

AND SO THEY WOULD HAVE TO VACATE A PORTION OF THE EASEMENT.

THE EASEMENT IS THE CITY'S FOR DRAINAGE PURPOSES.

[00:55:03]

AND SO IT WOULD HAVE TO BE VACATED.

AND MISS JEFFERSON HAD REQUESTED THAT THAT APPLICATION BE SUBMITTED.

AND IT HAS NOT BEEN YET, BUT THAT CAN BE PART OF THE SITE PLAN APPROVAL.

HOWEVER, WE'RE SUGGESTING THAT THIS EVENING, IF YOU MOVE FORWARD WITH YOUR VOTE TO APPROVE AS A CONDITION OF THAT APPROVAL, THAT THE VACATION OF THE EASEMENT BE BE PART OF THAT APPROVAL SO THEY CAN'T MOVE FORWARD WITH THE SITE PLAN WITHOUT VACATING A PORTION OF THAT, THAT THAT EASEMENT.

DOES THAT MAKE SENSE? HOW WOULD HOW WOULD THAT IMPACT IT WOULD NOT.

IT WOULD NOT. IT'S JUST A IT'S JUST A STEP IN THE DEVELOPMENT.

OKAY. I'M GOING TO BE VERY HONEST AND TRANSPARENT.

I DO NOT UNDERSTAND WHAT YOU GUYS ARE SAYING.

I THINK THAT FOR MY BENEFIT AND THE BENEFIT OF THE BOARD AND THE PUBLIC, IF WE COULD JUST HAVE A TWO SENTENCE LESSON ABOUT SETBACKS AND EASEMENTS.

YES, SIR. SO THERE ARE EASEMENTS THAT ARE ESTABLISHED ON PIECES OF PROPERTY AND THEY ARE FOR SPECIFIC USES.

SOME OF THEM ARE UTILITIES.

MOST OF THEM HERE IN OUR CITY ARE FOR DRAINAGE.

AND THEY WERE ESTABLISHED MANY YEARS AGO AND GENERALLY ALONG ALL OF OUR CANALS.

CORRECT. AND CERTAINLY A LOT OF IT BY GDC.

WE WON'T GO INTO THAT.

BUT WHEN YOU WHEN YOU ENCROACH, WHEN A PRIVATE PROPERTY THEN GOES AND ENCROACHES INTO AN EASEMENT AND WANTS TO UTILIZE IT FOR A DIFFERENT TYPE OF USE, THEN THEY HAVE TO GET PERMISSION TO VACATE THAT PORTION OF THE EASEMENT.

AM I ON TRACK, MR. RODRIGUEZ? STOP ME IF I IF I GO OUT OF THERE.

SO YOU'LL SEE OFTEN ON THE CITY COUNCIL AGENDA THAT THAT PEOPLE HAVE TO VACATE AN EASEMENT AND THEY HAVE TO GET UP AND PRESENT AS TO WHY. SO THIS WILL BE A CONDITION OF APPROVAL FOR THEIR SITE PLAN.

AND SO I BELIEVE THAT IF YOU SHOULD VOTE ON THIS THIS EVENING IN FAVOR OF IT, THEN JUST PUT A CONDITION ON THERE THAT THEY NEED TO VACATE A PORTION OF THAT EASEMENT AND WILL BE COVERED.

TYPICALLY WE LIKE TO HAVE THEM TOGETHER.

LET ME ASK A QUESTION, MR. JAFFE. WHOSE EASEMENT IS IT? FPL? IS IT CITY? THE CITY'S? YES, SIR. IT'S THE CITY'S DRAINAGE EASEMENT.

AM I CORRECT, JAKE? I I'M NOT ASKING YOU TO GET UP.

AND THAT'S A PROBLEM, CHAIRMAN.

IT'S ACTUALLY A PUBLIC UTILITY AND DRAINAGE EASEMENT.

SO IT'S 30FT WIDE.

IT'S ALONG THE SOUTHERN AND THE WESTERN BOUNDARIES.

WE KNOW WE CAN'T GET SITE PLAN APPROVAL WITHOUT EITHER REDUCING IT OR ELIMINATING IT.

WE PROPOSE TO REDUCE IT TO TEN FEET.

THERE'S NOT CURRENTLY ANY DRAINAGE OR UTILITIES WITHIN THE EASEMENT EXCEPT RIGHT ON THE PROPERTY LINE.

SO THAT'S WHY WE PROPOSE JUST TO REDUCE IT, BECAUSE IT WAS PLATTED IN THE 60S.

THE LANGUAGE IN THE PLAT DICTATES WHAT CAN AND CAN'T BE IN THERE, AND IT'S NOT CLEAR WHETHER PRIVATE DRAINAGE OR NOT COULD BE IN THERE.

SO WE WERE 100% AGREEABLE, STILL 100% AGREEABLE TO THE CONDITION THAT IT IS ONLY BUILDABLE IF APPROVED, TO BE REDUCED TO THE TEN FEET, WHICH IS WHAT WE'RE PROPOSING.

AND SO WE'RE 100% FINE WITH THAT IN ORDER TO APPLY FOR THAT AT THIS PARTICULAR ONE IS A STAFF LEVEL APPROVAL.

SO IT'S NOT BEFORE THE BOARD OR BEFORE COUNCIL, BUT I FORGOT MY TRAIN OF THOUGHT.

OH. SO THE IN ORDER TO APPLY FOR IT, WE HAVE TO HAVE A LETTER FROM EVERY UTILITY COMPANY THAT THEY HAVE NO INTEREST.

YOU CAN IMAGINE HOW LONG THAT TAKES.

SO WE ACTUALLY JUST RECEIVED THE LAST LETTER FROM THE LAST UTILITY COMPANY TELLING US THAT THEY'RE OKAY WITH THE REDUCTION.

SO I CAN'T RECALL IF WE BECAUSE WE APPLY THROUGH PUBLIC WORKS, NOT THROUGH GROWTH MANAGEMENT.

I BELIEVE WE APPLIED THROUGH PUBLIC WORKS.

NOT 100% SURE, BUT WE'LL MAKE SURE IF YOU'RE COMFORTABLE, THAT THAT IS A CONDITION OF OUR APPROVAL.

SO WE'RE 100% AGREEABLE TO THAT.

THANK YOU FOR THE CLARIFICATION.

I'LL FOLLOW THAT UP WITH A QUESTION.

STAFF. AT THAT POINT, IF WE WERE TO RESPECT THE 25 FOOT SETBACK, THEN WE WOULD INHERENTLY OR VICE VERSA IF WE WERE TO RESPECT THE 30 FOOT EASEMENT, THEN WE WOULD BY DEFAULT BE RESPECTING THE 25 FOOT SETBACK, RIGHT? BECAUSE WE'RE NOT IN THE 30FT.

SO THEREFORE THE STRUCTURE AND ENTITY AND EVERYTHING IS GREATER THAN 25FT AWAY.

MY AND MY UNDERSTANDING THAT CORRECTLY YOU ARE.

BUT THEY WOULD STILL NEED A VACATION OF EASEMENT IN ORDER BECAUSE THE EASEMENT IT'S SHOWN ON THE SITE PLAN.

HERE YOU SEE THAT 30 FOOT RIGHT THERE? IF YOU YOU KEEP WITH THE 25FT, THEY WOULD STILL HAVE TO LOOK TO VACATE FIVE FEET.

RIGHT. AND I WANT TO EXPLAIN TO YOU ALL THAT, YOU KNOW, THERE WAS A VERY GOOD QUESTION BY I WANT THIS COMMISSION OR THIS BOARD REGARDING HOW MUCH OF A VARIANCE IS APPLICABLE.

[01:00:05]

RIGHT. RIGHT? AND A LOT OF TIMES YOU'LL SEE IN OUR CODE THAT 20% NUMBER.

SO YES THIS IS 38%.

IT IS IS QUITE A BIT.

BUT WHAT WE TRY TO WEIGH UPON AND WHAT WE'VE BEGUN TO ADD INTO YOUR SITE, YOUR STAFF REPORTS, JUST FOR YOUR KNOWLEDGE AND BENEFIT, IS WHAT THE VARIANCE CODE STATES AS TO WHAT WE'RE SUPPOSED TO BE LOOKING AT.

RIGHT? AND SO IS IT COMPROMISING THE HEALTH AND SAFETY OF ANYONE IN THAT AREA? NO IT'S NOT.

SO WE TRY TO TO WEIGH THE BENEFIT OF IT WHEN WE WHEN WE ARE LOOKING AT HOW MUCH THAT VARIANCE IS GOING TO BE GIVEN, IF YOU UNDERSTAND WHAT I'M SAYING.

SO 38%, THAT IS THAT IS MORE THAN WE WOULD PROBABLY AGREE TO.

BUT WE'RE LOOKING AT THE PUBLIC BENEFIT IS THE PUBLIC SCHOOL.

WE ARE LOOKING AT THE STACKING BENEFIT, AS MR. WEISS HAS STATED, AND WE ARE LOOKING AT THE MITIGATION OF THE RESIDENTIAL AREA TO THE SOUTH.

WE WERE UNAWARE OF THIS.

WELL, AT LEAST I WAS OF THIS LADY'S CONCERNS, AND I BELIEVE WE'LL HAVE TO THEN IN OUR SITE PLANNING.

TAKE THAT MORE INTO CONSIDERATION.

YOU'RE RIGHT. THE PRESERVATION OF TREES IS LACKING HERE IN THE CITY.

YES. WE'RE TRYING TO TO TO CHANGE THAT WITH OUR LAND DEVELOPMENT CODE AND YOU KNOW, SO WE'LL MAYBE LOOK AT TRYING TO DO MORE OF THAT AND ASKING THE APPLICANT TO, TO PROVIDE A LOT MORE LANDSCAPING IF AND PRESERVATION IF THEY CAN, BUT THAT IS ENTIRELY UP TO ALL OF YOU.

I JUST WANTED TO GIVE YOU A LITTLE THOUGHT AS TO HOW STAFF LOOKS AT VARIANCES.

IS THERE A HARDSHIP? POSSIBLY. IS THERE A BENEFIT TO THE COMMUNITY AND A PUBLIC BENEFIT, OVERWHELMING PUBLIC BENEFIT, OR DOES IT NOT COMPROMISE SOMEONE ELSE'S HEALTH AND SAFETY? SO THOSE ARE THE THINGS THAT WE LOOK AT, IF THAT HELPS YOU AT ALL.

ALL RIGHT. THANK YOU. I APPRECIATE THOSE CLARIFYING DETAILS.

I MUST STAND, STAND AND CORRECT THE ASSERTION THAT THIS IS A PUBLIC SCHOOL.

THIS IS NOT A PUBLIC SCHOOL.

THIS IS A CHARTER SCHOOL.

AND YOU CAN'T JUST NOW THAT THIS SCHOOL IS BUILT IN MY NEIGHBORHOOD, TAKE YOUR KID DOWN THERE AND SIGN THEM UP.

YOU MUST WIN THE LITERAL LOTTERY TO HAVE YOUR KID GO THERE.

AND THEN IT IS THEN SUBSIDIZED BY THE STATE, AND THIS COMPANY IS PAID TO EDUCATE THE CHILDREN, IS NOT A PUBLIC SCHOOL.

SO ASSERTING THAT THERE IS A A BROADLY ACCESSIBLE PUBLIC BENEFIT, I FEEL AS THOUGH IS AN OVERSTRETCH.

THAT STATED, ARE THERE FURTHER QUESTIONS OR DISCUSSION? NO, I'LL JUST MAKE THE COMMENT THAT I APPRECIATE MY OTHER BOARD MEMBERS HIS AIRING OF OF HIS HIS OPINION AND HIS CONCERN AND, AND I FEEL SIMILAR TO HIM IN THAT I AM LEANING TO VOTE TOWARDS THIS, BUT I AM VERY, VERY CONCERNED ABOUT PARKING.

I'M VERY CONCERNED ABOUT THE AMOUNT OF THAT EASEMENT THAT WE ARE SETTING A PRECEDENT FOR OF, OF YOU KNOW, ALLOWING THAT TO HAPPEN.

SO I'M, I'M KIND OF ON THE FENCE, BUT I DO THINK THAT THIS, THIS PRODUCT, THIS CHARTER SCHOOL AND ODYSSEY, I THINK THEY HAVE A GOOD PRODUCT AND I THINK THEY IT IS NEEDED IN THE COMMUNITY.

THANK YOU FOR THOSE COMMENTS, MR. GOODE. MR. MCLEOD, I WOULD JUST LIKE TO SAY THAT ANY SCHOOL IS A BENEFIT TO THE COMMUNITY, SO I'M PREDISPOSED TO VOTE FOR APPROVAL.

THANK YOU FOR SHARING, MR. MCLEOD FURTHER.

I WOULD JUST REITERATE TO MY FELLOW BOARD MEMBERS THAT I DO NOT VIEW THE THE NEED FOR A SOCCER FIELD AS A QUALIFYING HARDSHIP.

BECAUSE A SCHOOL DOES NOT NEED A SOCCER FIELD TO OPERATE.

THEY CERTAINLY NEED RECREATIONAL FIELDS AND THEY NEED PLACES FOR KIDS TO BE ABLE TO STRETCH THEIR LEGS.

THEY NEED PLACES FOR KIDS TO BE ABLE TO GO OUTSIDE TO TO EVEN TO GARDEN, AS SOME OF THE OTHER ODYSSEY CAMPUSES MAKE SPACE AND TIME AND PLACE FOR BUT YOU DO NOT NEED A REGULATION SOCCER FIELD TO EDUCATE THE YOUTH.

AS AS PREVALENT WORLDWIDE AS THE, THE, THE THE SPORT OF FOOTBALL IS IT IS NOT A NECESSITY TO BUILD A SCHOOL AND TO EDUCATE THE YOUTH OF OUR COMMUNITY.

I DO NOT SEE THE HARDSHIP HERE AS TRUE AND I WILL NOT SUPPORT THIS ITEM.

I TEND TO DISAGREE WITH OUR CHAIR AS A LIFELONG SOCCER PLAYER.

SOCCER FIELDS ARE ESSENTIAL FOR THE PHYSICAL DEVELOPMENT OF CHILDREN.

THEY GET TO RUN FREE WITHOUT RUNNING INTO WALLS.

AND THEY NOT ONLY PLAY SOCCER AND SOCCER FIELDS, THEY HAVE PHYSICAL EDUCATION CLASSES, EXERCISE, RUNNING, JUMPING.

[01:05:01]

SO I THINK THAT'S AN IMPORTANT PART OF BEING A SCHOOL.

AND I WAS THE TEN YEAR SCHOOL BOARD ATTORNEY, AND ALMOST EVERY SCHOOL THAT WE HAD HAD A FEEL THAT SOCCER WAS PLAYED ON.

SO I DON'T THINK THAT'S A DISQUALIFYING CRITERIA FOR APPROVAL OF THE VARIANCE.

RESPECTFULLY, SIR, I'M A LIFETIME HOCKEY HOCKEY PLAYER AND FAN.

THERE'S NOWHERE FOR ME TO PLAY HOCKEY AT SCHOOL OR REALLY, EVEN IN MY COMMUNITY, UNLESS WE ACTUALLY ARE LUCKY TO HAVE A DILAPIDATED RINK AT ONE OF OUR PARKS.

BUT THE HARDSHIP HERE IS BASED UPON THE IDEA THAT WE CAN'T BUILD THE SCHOOL UNLESS WE GET THIS VARIANCE, AND IT'S ALL ASSOCIATED TO A SOCCER FIELD.

YOU ELIMINATE THE SOCCER FIELDS, YOU PUT ALL THE STAGING AND EVERYTHING ELSE.

YOU'RE ABLE TO FIT IT. BUT ALL THAT SAID, I THINK WE'VE HAD A HEALTHY DISCUSSION.

UNLESS ANYONE ELSE WANTS TO JUMP IN.

I WOULD CERTAINLY ENTERTAIN A MOTION.

I'LL MAKE A MOTION TO APPROVE V 20 4-00003 CONTINGENT ON THE SOUTHEAST PORTION OF THE 30 FOOT, 30 FOOT EASEMENT BE VACATED, AS WELL AS JUST A PHOTOMETRIC SITE PLAN SHOWING MINIMAL FOOT CANDLES ON THE THE PROPERTY LINE BORDERING THE RESIDENTIAL NEIGHBORHOOD.

A SECOND. ALL RIGHT.

SO WE HAVE A MOTION BY MR. JAFFE, SECONDED BY MR. MCLEOD, TO RECOMMEND FOR APPROVAL.

CAYCE VICTORY 24 00003.

ANY FURTHER DISCUSSION? BOARD? YES, MR. WARNER. THE ONLY QUESTION I WOULD HAVE IS, IS CAN WE CAN WE ADD ANYTHING INTO THAT LANGUAGE THAT'S GOING TO PROTECT SOME OF THE THE RIGHT OF WAY? I KNOW, I KNOW, WE'RE DOING THE VACATE, BUT I'M JUST GOING TO PROTECT SOME OF THE OF THE RIGHT OF WAY FOR THE RESIDENTS THAT WILL BE IMPACTED.

AFFECTED WITH THIS WITH THIS ITEM.

IS THERE ANYTHING ELSE THAT YOU COULD POSSIBLY DO FOR THE RESIDENTS OVER THERE? MR.. MR. WISE.

TREES. WE ALREADY DID WHAT WE COULD TO MAXIMIZE THE PRESERVATION.

WE COULD DO ADDITIONAL PLANTINGS ALONG THOSE FOUR LOTS IF YOU HAVE THAT COLOR.

PLAN THAT I SHOWED YOU HAS THE YELLOW.

SO THE GREEN AREA IS WHAT WE'RE ASKING FOR.

AND AGAIN, WHAT WE'RE ASKING FOR IS A DRIVEWAY TO BE 9.5FT CLOSER.

THAT'S THE ENTIRE CRUX OF WHAT WE'RE ASKING FOR.

SO THAT GREEN AREA, WE COULD DO SOME ADDITIONAL PLANTINGS.

POSSIBLY. AND THOSE FOR YELLOW.

LOTS OF THE HOUSES THAT ARE CLOSEST AND DIRECTLY ADJACENT TO IT.

SO IF THAT HELPS, THAT WILL HELP.

OKAY. I THINK THAT WOULD BE BE MORE THAN EFFICIENT.

AND I THINK WE GOT THAT ON RECORD.

ONE MORE QUESTION, MR. CHAIRMAN. MR.. BOEREMA.

JAKE THE PICTURES THAT THE YOUNG LADY SHOWED THE BOARD FROM HER BACK PORCH SHOWED QUITE A BIT OF CLEARING. IT WASN'T.

IT WASN'T TREES RIGHT UP TO HER PROPERTY LINE.

SO IS THAT CLEARED ALL THE WAY BACK WHERE YOU.

YOU'D HAVE TO PLANT SOMETHING.

OR ARE THERE ALREADY TREES THERE? THERE ARE ALREADY TREES THERE.

THERE'S PROBABLY CAN'T READ IT AT THIS SCALE.

LET ME SEE. YEAH, THAT WAS A 20 INCH PINE.

WERE YOU TESTING MY EYESIGHT? EYESIGHT. LOOKS LIKE A COUPLE.

OTHERS ARE LIKE 18 OR 20 INCH.

AND THAT'S WHAT WE'RE PROPOSING TO PRESERVE.

ARE THE LARGE TREES THAT ARE THERE.

WE DON'T SURVEY TREES THAT ARE SIX INCHES OR LESS IN DIAMETER.

SO THERE'S MORE TREES THERE, MOST LIKELY.

AND WE'LL JUST PRESERVE WHAT'S THERE FOR THE VEGETATION AS MUCH AND ADDITIONAL PLANTING IF NEEDED.

AND WE COULD ABSOLUTELY DO THE ADDITIONAL PLANTING.

YEAH. OKAY.

ALL RIGHT. BOARD, I REMIND YOU THAT PUBLIC HEARING IS CLOSED.

WE DO HAVE A MOTION ON THE FLOOR.

ARE THERE ANY FURTHER POINTS OF DISCUSSION AMONGST THE BOARD? SEEING NONE, I'M GOING TO CALL THE QUESTION AND A REMINDER.

WE HAVE A MOTION TO RECOMMEND FOR APPROVAL OF THIS CASE MADE BY MR. JAFFEE, SECONDED BY MR. MACLEOD.

ALL THOSE IN FAVOR? AYE. ANY OPPOSED? NAY. SO, IF MY MATH IS ANY GOOD, THAT PASSES 6 TO 1.

THAT BEING SAID, WE'LL MOVE ON TO OLD AND UNFINISHED BUSINESS.

ITEM NUMBER FOUR, WHICH IS CASE NUMBER VICTORY 20 4-0000 FOR THE FIRST HALF.

GOOD EVENING ONCE AGAIN.

SO TONIGHT WE'RE PRESENTING A SECOND VARIANCE FOR THE SAME PARCEL THAT WE JUST LOOKED AT.

AND THIS PARTICULAR VARIANCE IS FOR A REQUEST IN A THE HEIGHT THE MAXIMUM ALLOWED IS 25FT.

AND THE APPLICANT IS REQUESTING 30FT.

THEY HAVE SHOWN THAT THERE IS A HARDSHIP AND STAFF IS RECOMMENDING APPROVAL.

[01:10:10]

RESPECTFULLY, THIS VISUAL AID IS IRRELEVANT TO THIS CASE.

THE VISUALS ARE TOUGH TO READ, BUT THEY SHOULD HAVE BEEN IN YOUR PACKET IN TERMS OF SHOWING THAT FIVE FOOT DIFFERENCE IN THE MAXIMUM ALLOWED AND WHAT THE APPLICANT IS REQUESTING TO CONSTRUCT.

YEAH, THIS ONE'S RELEVANT.

BUT ON YOUR INTRO SLIDE THAT HAD EVERYTHING, IT WAS A COMPLETELY DIFFERENT PIECE OF PROPERTY.

ARE THERE ANY QUESTIONS FOR STAFF? SEEING NONE, I'LL ASK THE APPLICANT TO STEP FORWARD AND STATE YOUR CASE.

CAYCE. THANK YOU JAKE AGAIN, CIVIL ENGINEER FOR THE PROJECT.

2651 WEST EAU GALLIE BOULEVARD.

PROMISE NOT TO DIVE AS DEEP THIS TIME ABOUT THE COMMUNITY NEED.

I THINK YOU GUYS UNDERSTOOD THAT LOUD AND CLEAR.

I DID WANT TO MAKE ONE PUBLIC.

ONE CLARIFICATION THOUGH.

CHARTER SCHOOLS ARE BY STATE STATUTE.

BY DEFINITION, THEY ARE CONSIDERED PUBLIC SCHOOLS.

THAT'S SOMETHING THAT WE WHEN WE DO CHARTER SCHOOLS ACROSS THE STATE OF FLORIDA, THAT'S SOMETHING THAT WE WORK WITH DIFFERENT CITIES AND COUNTIES ON.

AND WE'VE WORKED VERY CLOSELY WITH PALM BAY WITH THAT AS WELL.

SO THEY ARE, BY DEFINITION, PUBLIC SCHOOLS, FOR WHATEVER THAT'S WORTH IN YOUR CONSIDERATION.

THE EXHIBIT THAT WE PROVIDED IN BLUE IS THE BUILDING FOOTPRINT.

AGAIN, AS WE TALKED ABOUT EARLIER, WE DID TWO STOREY STORY PROPOSED SCHOOL IN ORDER TO BE ABLE TO FIT THE OUTDOOR AMENITIES THE STACKING, THE PARKING, STORMWATER TREATMENT, ALL THE THINGS THAT WERE NEEDED TO MAKE THIS SITE WORK.

WE MEET THE SEVEN CRITERIA AGAIN, AS STAFF HAS IDENTIFIED IN THE REPORT.

WE'RE ASKING FOR LESS THAN A 20% VARIANCE.

I KNOW WE TALKED ABOUT PERCENTAGES EARLIER.

THE CURRENT ZONING, THE NC ZONING DOES ALLOW FOR TWO STORY BUILDINGS.

IT'S AN OLDER ZONING.

AND SO IT ONLY ALLOWS FOR 25FT.

I CAN'T REMEMBER TOO MANY COMMERCIAL, INSTITUTIONAL BUILDINGS THAT WE'VE DONE THAT WERE TWO STORIES THAT COULD STILL FIT WITHIN A 25 FOOT HEIGHT.

SO IT'S KIND OF AN UNUSUAL MAXIMUM HEIGHT IN THE ZONING THAT'S STILL ALLOWS FOR 25FT.

SO WE'RE ASKING SPECIFICALLY FOR THE VARIANCE TO BE ALLOW FOR 30.

OUR BUILDING HEIGHT BY CODE DEFINITION IS 25 OR 29FT.

EXCUSE ME, 10.5IN.

IT'S TO PROVIDE A MODERN SCHOOL BUILDING WITH A LOT OF NATURAL LIGHT INTO IT.

YOU SEE, IT'S LONG AND NARROW.

THAT'S SO THAT THAT NATURAL LIGHT CAN COME INTO THE SCHOOL FROM ALL SIDES.

AND NOT JUST A BIG SQUARE FOOTPRINT WITH LIKE AN OPEN COURTYARD OR SOMETHING LIKE THAT.

SO THEY REALLY SPENT A LOT OF TIME CREATING A NEW TYPE OF SCHOOL FOR ODYSSEY THAT COULD BE A MAXIMUM BENEFIT FOR THE CHILDREN AND FOR THE EDUCATION.

THEY DO ALSO HAVE A LOT OF OUTDOOR ACTIVITIES.

SOME OF THEIR CLASSES ARE OUTDOORS.

BOARD CHAIR, YOU MENTIONED THE GARDENS THAT THEY HAVE AT THE OTHER CAMPUSES.

THAT'S SOME OF THE FOOD THAT THEY USE IN THE CAFETERIA AT LUNCHTIME.

SO THEY DO HAVE SOME PRETTY UNIQUE, PRETTY COOL PROGRAMS FOR THE KIDS THAT THEY GET TO SEE REAL TIME, REAL GROWTH, GET TO EAT, THE BENEFITS OF SOME OF THE THINGS THAT THEY ARE ABLE TO DO ON THE SITE.

SO WHEN WE WERE AGAIN EARLIER, I MENTIONED STRETCHING AND PULLING AND TRYING TO DO EVERYTHING WE COULD ON THIS SITE.

WE KNEW WE NEEDED TO GO TO TWO STORIES.

WE TRIED TO MAKE IT WORK WITHIN 25FT.

WE JUST COULDN'T.

IN ORDER TO PROVIDE THE BEST SETTING FOR THE FOR THE SCHOOL CHILDREN.

ONE THING WE DID DO, THOUGH, WAS PUSH THE BUILDING AS FAR NORTH AS WE COULD, AWAY FROM THE RESIDENTS TO THE SOUTH.

WE HAVE POTENTIALLY A FUTURE GAS STATION TO OUR EAST AND AN EXISTING CHURCH TO OUR WEST, EMERSON TO OUR NORTH.

SO WE TRIED TO DO THE BEST WE COULD, PUSHING IT TO BE AS WELL BUFFERED AS POSSIBLE.

WE'RE MORE THAN FOUR TIMES THE MINIMUM SETBACK IN THE REAR, AND WE HAVE VERY LARGE SETBACKS BOTH TO THE EAST AND THE WEST, TO THE ADJACENT PROPERTIES AS WELL.

THAT BEING SAID, I THINK WE'VE TALKED ABOUT THE SITE PLAN ON GREAT DETAIL.

SO WE DO FEEL LIKE, AGAIN, THIS USE ON THIS SITE WITH THIS ZONING IS BY FAR THE BEST POSSIBLE USE FOR THE COMMUNITY AND FOR THE SINGLE FAMILY RESIDENTS TO THE BACK.

WE DO MEET THE SEVEN CRITERIA FOR THE VARIANCE.

STAFF HAS SUPPORTED US AND BE HAPPY TO ANSWER ANY QUESTIONS.

[01:15:02]

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

THANK YOU SIR. ARE THERE ANY QUESTIONS FOR THE APPLICANT FROM THE BOARD? MR. CHAIRMAN, MR. BOEREMA JAKE, ARE THERE ANY WINDOWS THAT ARE GOING TO OVERLOOK THOSE FOR RESIDENTS? NOT THE TEACHERS WOULD LET THEM LOOK OUT ANYWAY.

THAT'S ONE QUESTION. LET'S SEE.

LET ME APPROACH. I THINK THE SCHOOL IS OVER ON THE OTHER SIDE.

LOOKS LIKE. WHERE ARE WE AT? TWO SPOTS. JUMP OVER.

LOOK OVER THE FENCE. YEAH.

SO THE BOTTOM ONE IS THE SOUTH ELEVATION.

SO THAT'S WHAT YOU WOULD SEE STANDING BEHIND THE SCHOOL LOOKING AT IT FROM THE SOUTH.

SO IF YOU'RE IN THAT YEAH THERE YOU GO.

IF YOU'RE ON THE BASKETBALL COURT THAT'S WHAT YOU'D BE LOOKING AT RIGHT HERE.

UNDERSTOOD. OKAY.

THANK YOU. FURTHER QUESTIONS FOR THE APPLICANT, MR. JAFFE. YES. THANK YOU.

I HAVE A FEW QUESTIONS.

CAN YOU ZOOM IN ON THE HIGHLIGHTED YELLOW WHERE THE ELEVATION THAT SAYS THE AVERAGE ROOF HEIGHT.

I DON'T KNOW IF THESE ARE JUST OLD DRAWINGS, BUT ON MY SHOW IS AVERAGE ROOF ROOF HEIGHT OF 2910, AND THE ROOF LINE ACTUALLY GOES ABOVE THAT MARK.

I DON'T KNOW IF THAT'S INTENDED THAT WAY OR AND OTHER QUESTIONS I HAD ARE WERE THERE AIR CONDITIONING UNITS BE ON WHETHER THEY BE ROOFTOP UNITS OR IS THERE LIKE A PLANNED CHILLER TOWER, OR ARE THERE AIR CONDITIONERS ON THE GROUND SOMEWHERE? I THINK THEY'RE ON THE SITE PLAN I SHOWED YOU.

YES THEY ARE. OKAY, SO IF YOU LOOK ON THE SITE PLAN, THESE AIR CONDITIONING UNITS ARE TO THE WEST HERE AND TO THE SOUTH HERE.

SO THERE'S NOTHING AT THE SOUTH END OF THE BUILDING.

OKAY. ANY FURTHER QUESTIONS FOR THE APPLICANT? SEEING NONE. THANK YOU SIR.

LET THE RECORD REFLECT.

THERE ARE NO LETTERS IN THE FILE PERTAINING TO THIS CASE.

LAURA IS NOW 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 OF THIS REQUEST? SEEING NONE, THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS AND THE CASE IS BROUGHT BACK TO THE BOARD.

BOARD MEMBERS, AFTER HEARING ALL THE EVIDENCE, ARE THERE ANY FURTHER QUESTIONS OR EMOTION? MR. CHAIR, MR. WARNER THIS IS ACTUALLY A QUESTION MAYBE FOR THE STAFF.

THIS THIS THIS THIS PROBABLY BEEN QUITE A FEW CASES THAT HAVE COME IN WHERE WE OPTED TO DO TWO STORIES VERSUS THE ONE STORY.

SO IS THERE A REASON WHY WE HAVE NOT BEEN ABLE TO GO BACK AND CHANGE THE THE, THE, THE, THE CODE OF ORDINANCES TO REFLECT THE 30 FOOT OR TO REFLECT ANYTHING OUTSIDE OF THAT 25 FOOT, BECAUSE IT SEEMS LIKE THIS COULD HAVE BEEN RESOLVED A WHILE AGO, AS YOU KNOW, MR. WARNER, WE ARE IN THE MIDST OF REVISING OUR WHOLE LANDFILL CODE AND WE WILL BE RAISING CORRECTING SOME OF THESE MORE. I WANT TO SAY MORE ARCHAIC TYPE OF ZONING CODES, BECAUSE 30 35FT IS GENERALLY THE HEIGHT OF MOST COMMERCIAL TYPE OF BUILDINGS THESE DAYS, AND A LOT OF IT HAS TO DO WITH ARCHITECTURAL REQUIREMENTS ON THE ROOFS.

AND SO WE ARE GOING TO MAKE THOSE CORRECTIONS AND YOU SHOULD BE SEEING THEM.

IS IT THE NEXT MEETING? THE VERY NEXT MEETING.

HOLY COW.

WE SHOULD PUT THIS ONE. I GUESS I'D BETTER GO BACK TO WORK.

SEE YOU. YEAH.

BECAUSE I KNOW THAT WE'VE IN THE PAST, WE'VE ALSO HAD BUILDINGS THAT WERE ONE STORY.

AND BECAUSE OF THE FACADE OR BECAUSE OF THE ARCHITECTURE OR THE ROOF, SOMETHING JUST WENT A LITTLE HIGHER THAN WE HAD TO COME IN AND DO ANOTHER VARIANCE BECAUSE OF THAT.

CORRECT? NO, THAT'S A VERY GOOD POINT.

THANK YOU FOR BRINGING THAT OUT.

FURTHER QUESTIONS OR DISCUSSION.

I'D LIKE TO JUMP IN AND SHARE WITH MY FELLOW BOARD MEMBERS THAT ON THIS PARTICULAR PROJECT, WHAT WE'LL HAVE IS TWO VARIANCES AND A VACATION TO MAKE THIS PROJECT WORK.

THERE'S A TERM I'LL BE POLITICALLY CORRECT IN THE WAY THAT I STATE IT, 5 POUNDS OF 10 POUNDS OF STUFF.

STUFF IN A 5 POUND BAG.

WE'RE PUTTING 10 POUNDS OF STUFF IN A 5 POUND BAG.

TWO VARIANCES, ONE VACATION.

TO MAKE THIS CAMPUS WORK, YOU GET RID OF THE NOT MANDATORY SOCCER FIELD.

YOU SPREAD THE CAMPUS OUT.

YOU CAN REMAIN AT ONE STORY.

YOU CAN ACCOMPLISH YOUR GOALS.

ONCE AGAIN, I DO NOT SEE THE HARDSHIP THAT JUSTIFIES RAISING THIS BUILDING ANY HIGHER THAN ALLOWED, SO I WILL NOT SUPPORT THIS.

THAT SAID, ANY FURTHER DISCUSSION OR A MOTION.

MOTION TO APPROVE.

B 24 00004.

[01:20:02]

I'LL SECOND. OKAY.

SO WE HAD A MOTION BY MRS JORDAN AND SECONDED BY MR. GOODE TO RECOMMEND CAYCE VICTORY 24 00004 FOR APPROVAL.

STATE I DO HAVE ONE FURTHER POINT OF DISCUSSION THAT I'D LIKE TO SHARE WITH STAFF, AND THAT IS THE LACK OF A SCHOOL BOARD REPRESENTATIVE IS ONCE AGAIN INHIBITING MY ABILITY, AND I FEEL THE REST OF MY FELLOW BOARD MEMBERS TO HAVE A THOROUGH UNDERSTANDING AND DISCUSSION ABOUT THE NEEDS OF EDUCATING OUR CHILDREN.

I'VE ASKED MULTIPLE TIMES TO GET AS FAR AS COUNCIL ACTION.

I'M ASKING NOW TO GET SCHOOL BOARD ACTION, TO GET US A REPRESENTATIVE SO WE CAN SPEAK TO SOMEBODY WHO WORKS FOR THE PUBLIC SCHOOLS IN OUR COMMUNITY, AND WE CAN ARTICULATE WHAT'S GOING ON IN THE COMMUNITY AND WHEN THEY PLAN TO HELP US EXPAND OUR EDUCATIONAL PROSPECTS AND SO ON AND SO FORTH.

SO I'M STATING IT ON THE RECORD FOR THIS CASE, BECAUSE I WOULD CERTAINLY BE CONSULTING THAT REPRESENTATIVE IF THEY DID EXIST.

ANY FURTHER DISCUSSION ON THE MOTION AT HAND? NONE. SO I'LL CALL THE QUESTION.

ALL THOSE IN FAVOR? I OPPOSED NAY.

THAT MOTION PASSES 6 TO 1.

THAT CARRIES US INTO OUR NEW BUSINESS.

[NEW BUSINESS:]

NEW BUSINESS. ITEM NUMBER ONE IS CU2400001.

AND I SEE A REQUEST TO CONTINUE TO NINE FOR PLANNING AND ZONING MEETING.

DO I HEAR A MOTION FOR SUCH? SO MOVED. SECOND.

I HAVE A MOTION BY MR. JAFFE, SECONDED BY MR. MCLEOD, TO CONTINUE.

KQ 24 00001 TO THE NINE FOUR PLANNING AND ZONING MEETING.

ALL THOSE IN FAVOR? I, I SORRY I FAILED TO VOTE AS WELL, BUT I WILL VOTE I SO THAT'S SEVEN ZERO.

THAT PASSES.

SO WE MOVE INTO NEW BUSINESS.

ITEM NUMBER TWO THAT IS CAYCE PS 2400001.

I'LL DEFER TO STAFF. GOOD EVENING.

THE APPLICANT FOR THIS CASE IS JOHN RYAN, CHAPARRAL PROPERTIES LLC, AND ALSO REPRESENTED BY JAKE WISE.

AND THE LOCATION OF THIS PROPERTY IS SOUTH OF MALABAR ROAD, SOUTHWEST AND SOUTH AT THE SOUTH END OF ABILENE DRIVE.

SOUTHWEST. THE PROPERTY HAS A FUTURE LAND USE OF LOW DENSITY RESIDENTIAL AND IS EXISTING PUD, AND THIS IS APPROXIMATELY 160.51 ACRES.

RIGHT NOW THEY'RE REQUESTING THE PRELIMINARY SUBDIVISION.

SUBDIVISION PLAN APPROVAL.

THIS WILL BE FOR A 521 LOT RESIDENTIAL SUBDIVISION TO BE KNOWN AS CHAPARRAL PUD.

AND THIS WILL BE PHASES FOUR A AND B AND FIVE A AND B.

THIS IS THE FINAL PHASES OF CHAPARRAL, AND THE INITIAL SUBMITTAL FOR THIS APPLICATION INDICATED THAT THERE WOULD BE 522 LOTS.

ONE OF THOSE LOTS HAS SINCE BEEN CONVERTED INTO AN ACCESS EASEMENT FOR THE ADJOINING PROPERTY.

SO THIS REDUCTION IS STILL CONSIDERED IN SUBSTANTIAL CONFORMANCE WITH THE FINAL DEVELOPMENT PLAN, WHICH WAS APPROVED BY ORDINANCE 2022 DASH 102. AND STAFF IS RECOMMENDING APPROVAL.

THIS MEETS THE CRITERIA FOR A PRELIMINARY SUBDIVISION PLAN.

I'M AVAILABLE IF YOU HAVE ANY QUESTIONS AND THE APPLICANT IS ALSO AVAILABLE.

ANY QUESTIONS FOR STAFF? SEEING NONE. THANK YOU, MA'AM, FOR YOUR PRESENTATION.

I'LL ASK THE APPLICANT TO COME FORWARD AND STATE YOUR CASE.

THANK YOU. JAKE WEISS, CIVIL ENGINEER, 2651 WEST EAU GALLIE BOULEVARD.

THIS ITEM AND THE NEXT ITEM ARE BOTH FOR THE SAME PROJECT.

IF WOULD BE OKAY. I APPROACHED THE BOARD WITH AN EXHIBIT.

THANK YOU.

SO THIS PROJECT IS CHAPARRAL SUBDIVISION AT THE WEST END OF MALABAR ROAD.

IT WAS PREVIOUSLY APPROVED BY THE PLANNING AND ZONING BOARD AND BY CITY COUNCIL FOR A MASTER PLAN, AS STAFF IDENTIFIED IN THEIR PRESENTATION IN THEIR REPORT.

WE ARE SUBSTANTIALLY IN CONFORMANCE WITH THAT OVERALL MASTER PLAN.

MINUS THE ONE LOT, BASICALLY FROM THE 522 TO THE 521.

IF YOU HAVE THAT COLOR EXHIBIT IN FRONT OF YOU, YOU CAN SEE MALABAR ROWE TO THE RIGHT.

SO NORTH IN THIS PARTICULAR CASE WOULD BE TOWARDS MALABAR ROAD.

SO WE'RE ON THE SOUTH SIDE OF THE ROAD.

[01:25:01]

YOU SEE THE LABELS FOR CHAPARRAL PHASE ONE, CHAPARRAL PHASE TWO AND CHAPARRAL PHASE THREE.

THOSE ARE ALL FULLY CONSTRUCTED.

HOMES ARE ON MOST OF THE LOTS AND THE PROJECT IS ABOUT HALF BUILT AT THIS TIME.

SO WHAT WE'RE ASKING FOR IN THIS FIRST AGENDA ITEM TONIGHT IS APPROVAL OF THE SOUTHERN END, WHICH THIS LARGE POND LABELED CHAPARRAL PHASE THREE IS CONSTRUCTED. SO IT'D BE FOUR A, FOUR B, FIVE A, AND FIVE B.

SO WE'RE ASKING FOR YOUR APPROVAL FOR THOSE NEXT FOUR PHASES OR TWO SUB PHASES FOR, FOR A THROUGH FIVE B.

THEY HAVE ALREADY CONSTRUCTED THE ROADS.

WE OVERSIZE UTILITIES FOR THIS EXPANSION.

THERE'S A REGIONAL LIFT STATION.

THERE'S A HUGE AMENITY CENTER IN THE MIDDLE OF THE PROJECT.

THERE'S SMALL POCKETS OF PARKS AROUND THE ENTIRE SUBDIVISION AS WELL, SO THAT THERE COULD BE A LITTLE MORE WALKABLE.

WE MEET ALL OF THE PUD REQUIREMENTS FOR THE CITY CODE WITH RESPECT TO THE ZONING.

THE PROJECT DID PROVIDE ABOUT 50FT AT THE NORTH END FOR THE FUTURE WIDENING OF MALABAR ROAD.

WE DID DO A TRAFFIC STUDY AND PROPORTIONATE FAIR SHARE AGREEMENT THAT WILL BE GOING BEFORE CITY COUNCIL.

THE TRAFFIC SIGNAL IS BEING CONSTRUCTED NOW AT THE MAIN ENTRANCE FROM MALABAR ROAD.

IN COMPLIANCE WITH OUR CONDITIONS OF APPROVAL FOR THE OVERALL PROJECT, WE EXPECT THAT TO BE COMPLETE IN EITHER LATE SEPTEMBER OR EARLY OCTOBER OF THIS YEAR. WE DID EXTEND UTILITIES AND ALL THE ROADS WHILE THEY WERE BUILT TO CITY STANDARDS WILL BE PRIVATELY MAINTAINED BY THE MASTER ASSOCIATION, SO THE MAINTENANCE OF THE ROADS WOULD NOT BE A FUTURE BURDEN TO THE CITY.

WITH THAT BEING SAID, WE DO HAVE THE RECOMMENDATION OF STAFF APPROVAL.

WE ARE IN CONFORMANCE WITH THE OVERALL MASTER PLAN.

THIS WILL BE THE LAST PHASES FOR THE OVERALL PROJECT.

AND WE DID CONSTRUCT THE FIRST THREE OF THEM ALREADY.

SO HAPPY TO ANSWER ANY QUESTIONS.

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

BOARD MEMBERS, ARE THERE QUESTIONS FOR THE APPLICANT? THANK YOU, SIR, FOR YOUR PRESENTATION.

YES, MR. CHAIR, MR. MCLEOD. MR. WEISS, I DIDN'T GET A CHANCE TO.

I USUALLY LIKE TO GO BY THE PLACES THAT, YOU KNOW WE'RE GOING TO VOTE ON.

I DIDN'T GET A CHANCE TO GO TO THIS SITE.

ARE THERE ATTACHED GARAGES? YES. ALL THE HOMES HAVE ATTACHED GARAGES.

SINGLE OR DOUBLE? EVERYONE I CAN RECALL IS A DOUBLE.

I BELIEVE EVERY MODEL IS A DOUBLE.

THAT'S MY QUESTION.

THANK YOU, THANK YOU, THANK YOU, MR. MCLEOD. FURTHER QUESTIONS.

MR. CHAIRMAN, MR. BOEREMA. JAKE, I HAVE SOME CONCERNS NOW BEING PHASE FIVE.

I WAS PROBABLY HERE FOR PHASE ONE.

WERE IT JUST OVER, I OVERLOOKED IT, BUT I DIDN'T REALIZE HOW FAR BACK THIS GOES.

MY CONCERN IS THE GUN CLUB NOW.

BACK IN THE 70S, I WAS PRESIDENT OF AN ARCHERY CLUB.

WE HAD 20 ACRES OF NICE WOODED PROPERTY UNTIL THEY STARTED BUILDING BIG MANSIONS ALONG THE PROPERTY LINE.

WELL, IT COST NOT ME, BUT THE CLUB.

TENS OF THOUSANDS OF DOLLARS.

TO FIGHT THEM BECAUSE THEY WANTED US OUT OF THERE.

IS THAT GOING TO BE THE SAME PROBLEM WITH THE GUN CLUB? HAVE THEY BEEN NOTIFIED AND HAD THEY HAD ANY RESPONSE? YEAH. SO THAT'S A GREAT QUESTION.

I APPRECIATE THAT VERY MUCH.

SO THE AREA YOU'RE ASKING ABOUT ARE TWO SEPARATE GUN CLUBS ACTUALLY JUST HERE TO THE EAST TOWARDS THE SOUTHERN END OF OUR PROJECT.

SO THEY ARE VERY WELL AWARE OF IT.

WE HAVE WORKED WITH THE CITY WITH IT THE CITY WHEN WE FIRST STARTED THIS PROJECT, PROBABLY TEN YEARS AGO OR SO.

WAS ADDING A TOWER TO DO RAPPELLING AND THINGS LIKE THAT.

SO WE WORKED WITH THE CITY ON THAT.

AND WE ALSO DID THE SUBDIVISION DIRECTLY NORTH OF IT THAT'S FULLY BUILT OUT.

IT WAS A D.R. HORTON SUBDIVISION.

AND AS FAR AS I KNOW, THERE HAVEN'T BEEN ANY ISSUES BETWEEN THAT SUBDIVISION THAT ALSO BACKS UP DIRECTLY TO THE GUN RANGES.

SO THERE HAS BEEN COMMUNICATIONS AND COORDINATION BETWEEN THEM.

THEY'RE AWARE THEY'RE THERE.

THERE HASN'T BEEN ANY TRY TO OPPOSITION TO TRY TO CLOSE THEM OR ANYTHING LIKE THAT.

YEAH. BUT YOU KNOW HOW IT IS THE MINUTE THEY HAVE A CHILD AND YOU HAVE BULLETS FLYING TOWARDS YOUR HOUSE.

NOT NOT ALWAYS ON PURPOSE.

MAYBE SOMETIMES.

BUT ACTUALLY WALKED BOTH GUN CLUBS WHEN WE FIRST DID THE D.R.

HORTON SUBDIVISION, THE NORTH, THE SAFETY LEVEL OF HOW THEY OPERATE.

AND YOU CAN'T EVEN BRING YOUR GUN UP TO SHOOT OVER THE BERMS AND THE THINGS THAT THEY HAVE.

IT'S REALLY, REALLY IMPRESSIVE HOW SAFE THEY ARE AND HOW SERIOUS THEY TAKE THAT.

[01:30:04]

WELL, I KNOW THE CITY'S GUN RANGE HAS BIG BURNS.

I'M NOT SO SURE. I'M NOT A MEMBER, BY THE WAY, OF THAT MALABAR GUN CLUB.

I'M NOT SURE I HAVEN'T BEEN ON THAT PROPERTY.

DO THEY HAVE BIG BURNS ALSO? I KNOW THEY HAVE BERMS. THE CITY WAS THE ONE THAT WE WALKED BECAUSE WE WERE COORDINATED DIRECTLY WITH THE CITY.

IT'S JUST A CONCERN. IS THAT AN HOA, BY THE WAY? THAT YOUR YOUR PROJECT, YOUR PROJECT IS A CD, A COMMUNITY DEVELOPMENT DISTRICT.

OKAY. ALL RIGHT.

I HOPE IT WORKS OUT FOR THE BEST.

THANK YOU. SO. OKAY.

THANK YOU. AND IF YOU ARE DRIVING BY MR. MCLEOD, IT'S ACTUALLY HAS A SIGN SAYS TILLMAN LAKES.

IT DOESN'T SAY CHAPARRAL. THEY DID REBRAND THEMSELVES SINCE OUR ORIGINAL APPLICATION, BUT THE PROJECT NAME IS STILL CHAPARRAL.

FURTHER QUESTIONS FOR THE APPLICANT.

I HAVE A FEW. MR. WISE, THE ACCESS ROAD, THE MAIN ROAD HERE.

IT LOOKS LIKE IT'S GOING TO BE QUITE LONG BY THE BY THE TIME EVERYTHING IS SAID AND DONE.

IS THIS GOING TO BE A ROAD THAT HAS SPEED BUMPS AND THINGS OF THE SORT? WE'RE NOT PROPOSING ANYTHING LIKE THAT AT THIS TIME.

TYPICALLY, IF THERE DOES BECOME AN ISSUE WITH SPEED, THEN AT THAT TIME WE WOULD APPROACH THE SPEED BUMPS.

SO FAR WE HAVEN'T, BUT WE HAVEN'T BUILT THE FULL LENGTH OF IT.

YOU WILL SEE.

WELL, IT'S PROBABLY HARD TO TELL ON THIS.

THERE'S NO ACTUAL LOTS WITH DRIVEWAYS OFF OF THAT MAIN ENTRANCE UNTIL YOU GET PAST THE AMENITY CENTER TO THE VERY SOUTH END.

SO THESE ARE ALL BACK OF LOTS THAT COME UP TO IT FOR THROUGH THE FIRST TWO PHASES.

SO WE'RE VERY CAREFUL TO MAKE SURE THAT THE MAIN PORTION THAT'S GOING TO HAVE THE MOST TRAFFIC ON IT DOESN'T HAVE ANY DRIVEWAYS JUST FOR SAFETY.

UNDERSTOOD. AND THIS IS A GATED COMMUNITY.

IT IS NOT GATED.

IT'S SET UP. SO IT COULD BE, BUT IT IS NOT GATED AT THIS TIME.

UNDERSTOOD. AND JUST FOR CLARIFICATION SAKE, IS THIS THE COMMUNITY THAT'S EXCLUSIVELY RENTAL HOMES? NO, THIS IS NOT OKAY.

THIS IS ALL THESE ARE ALL FEE SIMPLE HOMES.

PRIVATELY HELD. UNDERSTOOD.

I DON'T KNOW IF I HAVE A QUESTION MORE THAN A STATEMENT.

WELL, I DO HAVE A QUESTION.

WHEN WOULD THESE PHASES BE STARTED AND COMPLETE? THEY'D LIKE TO BREAK GROUND AS SOON AS THEY CAN ON THE NEXT PHASE.

PHASE FOUR A THE NEXT AGENDA ITEM TONIGHT IS FOR FINAL PLAT.

ONCE THE FINAL PLAT IS APPROVED ASSUMING THAT IT IS APPROVED BY COUNCIL, ULTIMATELY THEN THEY WANT TO MOVE DIRECTLY INTO CONSTRUCTION FOR THAT NEXT PHASE.

UNDERSTOOD. SO RELATIVELY QUICK TURNAROUND.

IT'S SHOVELS IN THE GROUND KIND OF THING.

YES. UNDERSTOOD.

I GUESS THAT LEADS ME TO MY STATEMENT.

AND IT'S JUST I HAVE A LOT OF CONCERN ABOUT EXPANDING ANY PROJECT IN THIS PARTICULAR PART OF TOWN.

YOU'RE ALL TOO FAMILIAR WITH MY TRAFFIC COLOR ANALOGY, AND IT'S TO REFER TO THIS PARTICULAR PART OF TOWN.

SO TO DOUBLE THE SIZE OF THIS COMMUNITY IN THE SHORT TERM REALLY DEBATABLY LONG BEFORE ANY IMPROVEMENTS ARE MADE TO MALABAR ROAD IS, IS JUST TROUBLING FOR ME, REALLY.

I JUST I LITERALLY CAN'T COMPREHEND THESE FOLKS GOING ABOUT THEIR DAY, COMING OUT OF THEIR COMMUNITY, GETTING BACK TO THEIR COMMUNITY, GETTING THEIR KIDS TO HERITAGE HIGH SCHOOL CLOSE, MAYBE GETTING THEIR KIDS TO THE NEW ODYSSEY CAMPUS.

I CAN'T SEE HOW THESE FOLKS AND THEIR QUALITY OF LIFE IS REALLY GOING TO BE THERE WHEN THEY MOVE IN, BECAUSE THAT AREA OF TOWN IS JUST SMOKED RIGHT NOW, CARS CANNOT NAVIGATE, AND WE'RE IN THE MIDDLE OF SUMMER AND CARS STILL CAN'T NAVIGATE.

HAS THERE BEEN THOUGHT ABOUT, YOU KNOW, LETTING THE MALABAR ROAD EXPANSION KIND OF, YOU KNOW, PLAY OUT AND THEN BRINGING IN THIS, THIS SUPPLY OF HOMES TO ENSURE THAT THESE FOLKS, YOU KNOW, CAN HAVE A GOOD QUALITY OF LIFE, LET ALONE ALL THE CITIZENS THAT ALREADY LIVE HERE, THESE FOLKS THAT YOU WANT TO ATTRACT TO YOUR PROJECT, DON'T YOU WANT THEM TO HAVE A REALLY, YOU KNOW, EASY WAY TO GO ABOUT THEIR DAY? YEAH, THAT'S A FAIR QUESTION.

SO THAT'S WHY WHEN WE FIRST DID THE PROJECT, WE IDENTIFIED THE NEED IMMEDIATELY TO DO A TRAFFIC SIGNAL WARRANT ANALYSIS.

AND WE DID THAT. AND IT DID WARRANT THE TRAFFIC SIGNAL.

WE'RE NOT ALLOWED TO CONSTRUCT A TRAFFIC SIGNAL UNLESS IT'S WARRANTED FOLLOWING THE STATE CRITERIA.

SO WE DID. AND AS I MENTIONED EARLIER, THAT IS UNDER CONSTRUCTION.

SO WHAT THE TRAFFIC SIGNAL DOES IS BENEFIT.

OF COURSE, THE RESIDENTS OF THIS NEIGHBORHOOD ALLOWS THEM TO KNOW WITHIN A CERTAIN TIME PERIOD THEY'RE GOING TO BE ABLE TO MAKE LEFT TURNS, BASICALLY IS THE CONCERN, BUT IT ALSO HELPS THE OTHER ROADS THAT ARE IN THIS CORRIDOR BECAUSE IT CREATES GAPS IN TRAFFIC.

IT STOPS THE MALABAR TRAFFIC, IT CREATES GAPS WHERE OTHER PEOPLE CAN GET IN AND OUT.

THE SUBDIVISION I MENTIONED EARLIER TO THE NORTH OF THE GUN RANGE, THE D.R.

HORTON ONE, DID THE SAME THING.

IT WAS AN IMPROVEMENT.

IT'S DESIGNED FOR THE ULTIMATE FOUR LANING OF THE ROAD, AS I MENTIONED EARLIER TO THE PROJECT DID PROVIDE ALMOST 50FT OF FUTURE RIGHT OF WAY FOR THE WIDENING OF MALABAR ROAD.

[01:35:01]

TO TODAY'S TUESDAY.

THURSDAY NIGHT WE'RE GOING BEFORE CITY COUNCIL FOR THIS VERY PROJECT FOR A PROPORTIONATE, FAIR SHARE AGREEMENT.

SO THEY ARE PROVIDING SIGNIFICANT AMOUNTS OF DOLLARS TOWARDS JUST THIS SPECIFIC AREA FOR ROADWAY IMPROVEMENTS.

BECAUSE IT'S SUCH AN AREA OF CONCERN.

THE CITY HAS PROJECT BY PROJECT, BEEN WORKING WITH US AND OTHER DEVELOPERS TO MAKE SURE THAT THE FUNDS COLLECTED HERE ARE SPENT HERE FOR THE IMPROVEMENTS IN THIS AREA.

WHEN WE FIRST BROUGHT THIS PROJECT TO BEFORE THE PLANNING AND ZONING BOARD, YOU MAY REMEMBER THE NEIGHBORS TO THE WEST OF US, MALABAR LAKES WEST, WERE VERY STRONG OPPOSITION AGAINST US.

VERY WELL SPOKEN, VERY WELL ORGANIZED.

WE WORKED CLOSELY WITH THEM.

WE PUT UP FENCES EARLY FOR THEM.

WE DID BIGGER FENCES, MORE LANDSCAPING AND VEGETATION TO HELP THEM.

THEY WOULD GIVE US A PHONE CALL IF THERE WAS ANY CONCERNS DURING CONSTRUCTION.

AND YOU SEE, TONIGHT THEY HAVEN'T BEEN IN OPPOSITION.

THIS FIRST PHASE FOR A BACKS RIGHT UP TO THEIR HOMES.

AND BECAUSE WE'VE BEEN SUCH A GOOD NEIGHBOR AND WORKED SO CLOSELY WITH THEM, WE HAVEN'T RECEIVED ANY MORE PUSHBACK.

AND THEN ALSO THE TRAFFIC SIGNAL BENEFITS THEM BECAUSE OF THAT GAPS THAT IT CREATES FOR THEM TO BE ABLE TO GET IN AND OUT OF THEIR SUBDIVISION.

SO WHILE IT'S NOT THE PERFECT SOLUTION FOR THAT AREA, WE KNOW THE FOUR LANING ULTIMATELY IS.

AND THAT'S PRETTY FAR ALONG AS FAR AS I UNDERSTAND FROM PUBLIC WORKS.

WITH THE PLANNING PDA STUDY, WHICH INCLUDES NOT ONLY DESIGN BUT IT ALSO INCLUDES FUNDING MECHANISMS TO WIDEN THE ROAD.

SO THAT IS PRETTY FAR ALONG, BUT WE'RE NOT QUITE THERE YET.

JUST TO RESTATE FOR CLARIFICATION, ONCE THESE PHASES EXIST, THEN THE TRAFFIC SIGNAL SHALL BE WARRANTED.

IS THAT WHAT WE'RE SAYING? THE TRAFFIC SIGNAL IS UNDER CONSTRUCTION TO BE COMPLETE IN SEPTEMBER OR OCTOBER THIS YEAR.

UNDERSTOOD. SO THAT'S GOING TO BE GOING, THEORETICALLY SPEAKING, BEFORE SHOVELS ARE IN THE GROUND ON THESE PHASES.

IT WASN'T UNTIL THE FIRST THREE PHASES WERE COMPLETE.

SO WE COULDN'T BUILD IT LEGALLY UNTIL THE FIRST THREE PHASES WERE COMPLETE.

RIGHT? RIGHT.

OKAY. AND THEN IT DOES LINE UP WITH ANOTHER ROADWAY TO THE NORTH AS WELL, IF YOU CAN SEE IT ON THE AERIAL.

AND FROM YOUR ENGINEERING PERSPECTIVE AND EVERYTHING THAT YOU KNOW ABOUT THE STUDIES ON MALABAR ROAD.

YOU THINK THAT WE'RE GOING TO GET A ROAD WIDENED IN TIME TO ENSURE THE QUALITY OF LIFE OF OF THESE RESIDENTS THAT YOU'LL BE BUILDING HOMES FOR? I COULDN'T SPEAK ON THE TIMING.

THAT'S A CITY AND COUNTY PROJECT.

THIS PORTION OF MALABAR ROAD HAS DIFFERENT SECTIONS OF IT THAT ARE BREVARD COUNTY JURISDICTION AND THAT ARE CITY JURISDICTION.

SO THEY'RE WORKING TOGETHER ALONG WITH THE STATE.

FOR THAT STUDY AND FOR DIFFERENT FUNDING MECHANISMS. SO REALLY BE ANSWERED BY THE PUBLIC WORKS STAFF.

UNDERSTOOD, UNDERSTOOD.

MY UNDERSTANDING OF IT. IT'S 150 MILLION PLUS DOLLAR PROJECT.

SO AS A AS A CITIZEN AND AS A REPRESENTATIVE ON THIS BOARD, I'M QUITE TROUBLED BY THE WHOLE THING.

I JUST REALLY AM. AND THAT'S JUST ME.

THAT'S JUST ME SHARING.

I'M A VERY TRANSPARENT INDIVIDUAL.

ARE THERE ANY FURTHER QUESTIONS FOR MR. WISE, MR. MACLEOD? THANK YOU, MR. CHAIR. MR. WISE.

INGRESS AND EGRESS.

IT'S ONLY OFF OF MALABAR ROAD.

THAT'S CORRECT. IT'S HOW IT WAS ORIGINALLY DESIGNED AND PERMITTED.

THERE'S NO OTHER PUBLIC RIGHT OF WAYS ADJACENT TO THE PROJECT.

WE HAVE A MELBOURNE TILLMAN CANAL ALONG OUR WESTERN BOUNDARY.

WE DO ANTICIPATE THE POTENTIAL FOR THAT ONE LOT THAT STAFF HAD MENTIONED.

IF THERE'S EVER AN OPTION TO BE ABLE TO GO TO THE SOUTH.

THAT'S WHY THAT ONE LOT WAS REMOVED.

AND YOU CAN SEE IT A LITTLE BIT DARKER IN PHASE FIVE.

BE RIGHT HERE. THERE JUST WASN'T ANOTHER IN LIGHT GREEN.

I'M COLORBLIND. I'M SORRY.

IT'S THE ONE OF THE VERY BOTTOM OF THE MAP AND DARKEST HERE.

WHAT STREET DOES THAT OPEN ONTO? IT DOES NOT AT THIS TIME.

SO IT'S SET UP SO THAT IF THERE IS A PUBLIC ROAD RIGHT OF WAY IN THE FUTURE, THAT IT WOULD BE ABLE TO TIE INTO ONE.

BUT THERE ARE NO PUBLIC ROAD RIGHT OF WAYS ADJACENT TO US.

AND WHEN WE DID THE ORIGINAL TRAFFIC STUDY, WE DIDN'T WANT TO HAVE TWO CONNECTION POINTS ON MALABAR ROAD.

WE WANTED THE ONE THAT LINED UP WITH THE EXISTING INTERSECTION TO THE NORTH.

SO THAT WAS THE DECISION MADE WHEN THE PROJECT WAS FIRST DESIGNED AND PERMITTED.

AND THAT'S HOW THE TRAFFIC STUDY WAS ANALYZED AS WELL, WHICH ALSO HELPS JUSTIFY THE TRAFFIC SIGNAL.

TRAFFIC SIGNAL. FURTHER QUESTIONS.

MR. WARNER? YES, MR. CHAIR. I KNOW, JAKE, I KNOW THAT WHEN THIS PROJECT FIRST CAME ACROSS WE REALLY WEREN'T TALKING A LOT ABOUT THE COMMERCIAL, COMMERCIAL END OF IT.

SO OBVIOUSLY, I CAN SEE THAT THERE'S NOT ANY COMMERCIAL INVOLVED WITH THIS PROJECT.

HOWEVER, THE THE THE NEXT PHASES, I THINK THAT I THINK WHAT'S WHAT'S WHAT'S KIND OF WORRYING ME JUST A LITTLE BIT IS JUST ONE THAT THERE

[01:40:10]

ISN'T ANOTHER SS ROAD OUT FOR THE 48 OR THE FIVE A THE PHASES.

AND THEN THE OTHER THING IS THE EMERGENCY, THE THE ROADS.

IS THERE A CERTAIN I KNOW, I KNOW, PHASE ONE, PHASE TWO AND PHASE THREE, IF I REMEMBER CORRECTLY, THE ROADS WERE WIDE ENOUGH TO ALLOW EMERGENCY VEHICLES TO GET IN. ARE WE? ARE THE ROADS GOING TO BE THE SAME FOR FOUR A AND FIVE FOR EMERGENCY? YEAH. THE ROADS ARE THE SAME WIDTH ALL THE WAY THROUGHOUT, EXCEPT THAT THE MAIN ENTRANCE, WHERE IT'S A BOULEVARD ENTRANCE.

SO IF THERE WAS AN ACCIDENT ON ONE SIDE OR THE OTHER OF THE MAIN ENTRANCE, VEHICLES WOULD STILL BE ABLE TO GET IN AND OUT.

OKAY. SO SO SO SO WE'VE SO LOOKING AT THIS, YOU'VE ADDRESSED THE FOR, FOR EMERGENCY SERVICES TO, TO GET BACK BACK IN THERE. OKAY.

THANK YOU SIR. GOING ON BACK THERE.

ANY FURTHER QUESTIONS? ALL RIGHT. THANK YOU SIR.

SO FOR THE RECORD, THERE ARE NO LETTERS IN THE FILE PERTAINING TO THIS CASE, AND THE FLOOR IS NOW 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? SEEING NONE. THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS.

CAYCE IS BROUGHT BACK TO THE BOARD FOR BOARD DISCUSSION.

BOARD MEMBERS, AFTER HEARING ALL EVIDENCE.

ARE THERE ANY FURTHER QUESTIONS OR A MOTION? MOTION TO APPROVE PPS 24 00001.

SECOND. I HAVE A MOTION BY MRS JORDAN, SECONDED BY MR. BOEREMA TO RECOMMEND FOR APPROVAL CAYCE PPS 20 4-00001.

IS THERE ANY FURTHER DISCUSSION PERTAINING TO THAT? I'LL JUMP IN. FOLKS.

I'D LIKE TO POINT OUT THIS TOTAL PROJECT IS 795 UNITS.

WHAT'S AT HAND HERE IS 521 OF THEM.

SO ALL OF THE UNITS THAT HAVE BEEN CONSTRUCTED ARE UNDER CONSTRUCTION, HAVE BEEN APPROVED.

DOES NOT EVEN MAKE UP HALF OF THIS PROJECT WE ARE TALKING ABOUT BRINGING IN 500 MORE HOMES BEFORE ANY IMPROVEMENT IS DONE TO MALABAR ROAD, LESS THE TRAFFIC SIGNAL THAT MR. WISE MENTIONS.

THIS IS EXTREMELY UNSETTLING FOR ME.

I WILL NOT SUPPORT THIS ITEM AND THAT'S MY PIECE.

DOES ANYONE ELSE WANT TO SHARE? JUST MAKE A POINT AS WELL.

YOU'RE. I THINK A COUPLE OF GOOD POINTS WERE BROUGHT IN.

ONE WAS THE THE INGRESS AND EGRESS AND THAT THAT ONE MAIN ROAD THROUGH THE THROUGH THE SUBDIVISION AND OF COURSE JUST THE SHEER DENSITY OF THIS PROJECT. I LIVE IN A 160 UNIT SUBDIVISION, AND I REMEMBER WE HAVE ONE ROAD IN AND WE NEGOTIATED WITH THE.

WE WERE WORRIED ABOUT EMERGENCY VEHICLES BEING ABLE TO GET TO ONE OF OUR HOUSES IN A TIMELY MANNER.

SO WE NEGOTIATED TO HAVE AN EASEMENT WITH ANOTHER SUBDIVISION SO THEY COULD HAVE ANOTHER ACCESS POINT.

AND THAT'S IN 160 UNIT DEVELOPMENT.

WE WERE CONCERNED ABOUT THAT.

I CAN'T IMAGINE 700 PLUS UNITS ONLY HAVING THAT ONE WAY IN AND OUT.

SO I COMPLETELY CONCUR WITH MR. CHAYEFSKY'S CONCERNS.

ANY OTHER DISCUSSION? SEEING NONE, I'LL CALL THE QUESTION.

ALL THOSE IN FAVOR? AYE. AYE. OPPOSED? NAY. NAY. MISS POWELL, I'LL ASK FOR A ROLL CALL.

VOTE, PLEASE. NAY.

NAY. YES.

AYE. I. JORDAN I.

MR. MCLEOD, I.

MR.. WARNER. NAY.

MOTION PASSES 4 TO 3.

THANK YOU. THANK YOU, MISS POWELL.

THAT BRINGS US TO OUR FINAL ORDER OF BUSINESS THIS EVENING.

NEW BUSINESS. ITEM NUMBER THREE, WHICH IS CASE FS 2300016.

I'LL DEFER TO MISS RAMOS.

THIS IS THE COMPANION CASE.

SO THIS IS AN APPLICATION FOR FINAL SUBDIVISION PLAN.

FINAL PLAT APPROVAL FOR THE FIRST OF THESE FOUR PHASES.

IT'S CHAPARRAL PUD PHASE FOUR A AND IT'S 167 LOTS BEING PLATTED.

AND THE REMAINING PHASES ARE FUTURE DEVELOPMENT TRACTS.

TRACKS AND STAFF IS RECOMMENDING APPROVAL.

THANK YOU, MISS RAMOS. IS THERE ANY QUESTIONS FOR STAFF?

[01:45:05]

SEEING NONE, I WILL ASK THE APPLICANT TO STEP FORWARD AND STATE YOUR CASE.

THANK YOU. JAKE WISE, CIVIL ENGINEER FOR THE PROJECT.

2651 WEST EAU GALLIE BOULEVARD.

OFFICE ADDRESS.

SO THIS IS THE NEXT PHASE OF PROPOSED RECONSTRUCTION.

WE'RE ASKING FINAL PLAT FROM THIS EXHIBIT WILL BE PROVIDED ON THE EARLIER ITEM FOR THIS PHASE FOR A RIGHT HERE, WHICH INCLUDES THIS AREA, AND THEN COMES DOWN TO HERE AND EXTENSION OF THE ROADWAY.

SO FOR FINAL PLAT, WE'RE ASKING WE'RE IDENTIFYING THAT IT'S IN CONFORMANCE WITH THE OVERALL MASTER PLAN THAT WAS PREVIOUSLY APPROVED.

IT'S IN CONFORMANCE WITH THE PRELIMINARY PLAT THAT WAS PREVIOUSLY APPROVED.

MENTIONED ALREADY, THE TRAFFIC SIGNAL, THE TRAFFIC STUDY, THE PROPORTIONATE FAIR SHARE MENTIONED ALREADY, THE EXTENSION OF UTILITIES, THE INVESTMENT THEY'VE ALREADY MADE TO SUPPORT THIS NEXT PHASE OF PROJECT WITH UTILITIES AND ROADS AND OTHER AMENITIES FOR THE AREA.

STAFF IS RECOMMENDING APPROVAL AND BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE AS WELL.

APPRECIATE A CHANCE TO RESPOND IF THERE'S ANY PUBLIC COMMENTS.

THANK YOU SIR. BOARD MEMBERS, ANY QUESTIONS FOR THE APPLICANT? YES, MR. MCLEOD. THANK YOU, MR. CHAIR. MR. WISE, IN A GIVEN OUR CONCERN FOR THE ONE ROAD IN, ONE ROAD OUT.

WHAT DISCUSSIONS HAVE THE DEVELOPER HAD IN TRYING TO ALLEVIATE THAT PROBLEM? A GREAT QUESTION, IF I MAY GO TO THE AERIAL.

FULLY BUILT OUT SUBDIVISION MELBOURNE, TILLMAN CANAL TO OUR WEST MELBOURNE TILLMAN CANAL.

WE BUILT THAT SUBDIVISION HERE AND THEN TO OUR EAST, TOWARDS THE SOUTH END, THE TWO GUN RANGES WE TALKED ABOUT EARLIER.

WE HAVE ONE SINGLE FAMILY HOME RIGHT HERE THAT REMAINS.

THEY WERE THE LANDOWNERS AND SOLD THE PROPERTY TO THEM.

THERE'S NO DEVELOPMENT TO THE SOUTH AT ALL.

THERE'S NO PLACE FOR THEM TO ACCESS.

SO WE DID ELIMINATE THE ONE LOT IN CASE IN THE FUTURE THERE IS.

SO. SO WHEN WE FIRST PROPOSED IT EVERYTHING THAT YOU GUYS HAVE TALKED ABOUT TONIGHT IS THE SAME THING WE TALKED ABOUT TEN YEARS AGO WHEN WE FIRST PROPOSED THE PROJECT.

THAT'S WHY WE DOVE SO DEEP WITH THE TRAFFIC STUDY, THE TRAFFIC SIGNAL, HOW QUICKLY WE COULD WARRANT IT SO THAT WE COULD INSTALL IT AS QUICKLY AS POSSIBLE FOR THE PROJECT AND FOR THE BENEFIT OF THE OTHER RESIDENTS IN THE AREA.

LINING UP THE ROADWAY WITH THE EXISTING INTERSECTION TO THE NORTH WAS THE DIRECTION THAT WE WERE GIVEN, AND WE WERE AGREEABLE TO FOR IT.

WE LOOKED AT POSSIBLY TRYING TO PROVIDE A SECONDARY ACCESS POINT ONTO MALABAR ROAD, BUT IT WAS IDENTIFIED THAT THAT WAS NOT SOMETHING THAT AT THAT TIME THE CITY STAFF OR THE CITY COUNCIL WANTED.

WE TALKED TO MALABAR LAKES WEST TO OUR WEST.

THAT'S ACTUALLY NOT WITHIN THE CITY LIMITS THERE IN BREVARD COUNTY.

WE OFFERED TO EXTEND UTILITIES TO THEM, AND WE ASKED IF WE COULD HAVE AN EMERGENCY ACCESS CONNECTION, AND THEY WERE VERY ADAMANTLY OPPOSED.

SO WE EXHAUSTED EVERYTHING WE POSSIBLY COULD TO TRY TO MAKE THIS WORK.

OUR CLIENT PURCHASED THE PROJECT OUT OF BANKRUPTCY.

IT WAS PREVIOUSLY BEING DEVELOPED BY SOMEONE ELSE.

AND WHEN THEY HAD THEIR APPROVALS, IT WAS THE SAME.

IN FACT, WHEN IT WAS PURCHASED OUT OF BANKRUPTCY, THEY HAD ALREADY STARTED THE MAIN ENTRANCE.

THEY HAD STARTED TO BUILD THE PONDS.

YOU GUYS ARE ALL FAMILIAR WITH THIS AREA.

YOU PROBABLY REMEMBER DRIVING PAST IT, SEEING THAT VACANT SAND DIRT OPEN AREA FOR MANY, MANY YEARS ALL THE WAY THROUGH THE DOWNTURN AND THAT ONE STORM POND BUILT. IF YOU EVER HAPPEN TO DRIVE ON THE SITE, YOU'D SEE STORM STRUCTURES, SEWER MANHOLES THAT WERE BROUGHT ON SITE AND NEVER INSTALLED.

SO IT'S PARTIALLY WHAT OUR CLIENT PURCHASED OUT OF BANKRUPTCY.

IN ADDITION TO WHAT AT THE TIME OF THE ORIGINAL APPROVAL, WAS THE BEST WE COULD COME UP WITH DESIGN WISE FOR THE SAFEST INGRESS AND EGRESS WITH THE TRAFFIC SIGNAL BEING ANTICIPATED AND ULTIMATELY NOW BEING CONSTRUCTED.

FURTHER QUESTIONS? MAYBE A COMMENT, PLEASE, MR. BAUM. JAKE, YOU AND YOUR CLIENTS KNOW THIS IS PROBABLY HALF IN JEST, BUT WHEN YOU FINISH BUILDING THE PARKWAY THROUGH, HAS IT BEEN THOUGHT YOU AND THE CITY OF CONNECTING SOMEHOW THERE.

THAT'S A GREAT QUESTION.

SO ONE OF THE PARKWAY ROUTES.

IF YOU'VE EVER LOOKED AT THE ANALYSIS, WE CALL IT LIKE THE SPAGHETTI MODEL OF DIFFERENT POTENTIAL ROUTES.

ONE OF THEM DOES COME BY TO TOWARDS THE SOUTHERN BOUNDARY.

[01:50:01]

AND THAT'S WHAT WE'RE THAT'S WHY WE ELIMINATED THAT LOT WAS JUST FOR THAT POTENTIAL.

IF THE PARKWAY EVER DOES GO THROUGH THERE.

THANK YOU. WILL YOUR CLIENT BE WILLING TO THROW IN A FEW DOLLARS TO FACILITATE THE PARKWAY CONSTRUCTION? OH, WE DO HAVE ANOTHER PROJECT THAT THIS BOARD HAS SEEN PREVIOUSLY THAT IS BUILDING THE FIRST LEG OF THE PARKWAY.

IF THAT PROJECT IS SUCCESSFUL.

FROM THE MALABAR PARKWAY INTERSECTION.

AND WE KNOW THE STAFF IS WORKING VERY CLOSELY ON INTERSECTION IMPROVEMENTS THERE AS WELL.

I, I DON'T WANT TO SPEAK FOR PUBLIC WORKS, BUT I BELIEVE BY FAR THE SINGLE HIGHEST PRIORITY IN THE ENTIRE CITY, FROM A ROADWAY PERSPECTIVE, IS THIS CORRIDOR.

FOR THE QUESTIONS? NO. SO I JUST I JUST WANT TO MAKE SURE I UNDERSTAND THIS ISN'T FOR WHAT WE WERE TALKING ABOUT IN THE PREVIOUS WAS FOR THAT THE NEW PHASE THAT WAS PRELIMINARY.

THIS HAS BEEN ALREADY THIS IS NOT PRELIMINARY.

THIS IS ALREADY APPROVED.

IS THAT CORRECT? YEAH. WE HAVE PRELIMINARY PLAT APPROVAL.

WE'RE ASKING FOR FINAL PLAT APPROVAL TONIGHT.

SO YOUR VOTE TONIGHT IS JUST ON PHASE FOR A FINAL PLAT.

OKAY. THANK YOU.

THANK YOU FOR GETTING THAT CLARIFICATION.

MR.. GOOD. FURTHER FURTHER QUESTIONS.

I WILL INSERT A COMMENT.

MR. WISE, I APPRECIATE EVERYTHING YOU DO IN OUR COMMUNITY.

I APPRECIATE YOUR YOUR LEVEL OF EXPERTISE.

I KNOW THAT YOU COME FROM A WONDERFUL EDUCATIONAL INSTITUTION.

AND, YOU KNOW, RIGHT, IN THE SOCIAL SCIENCES AND PUBLIC POLICY, YOU KNOW, YOU HAVE THE PLANNERS AND THE POLITICAL SCIENTISTS COEXISTING TOGETHER.

AND WE TALK ABOUT A LOT OF DIFFERENT PROJECTS.

AND FAIR TO SAY, WE EVEN OPENLY DEBATE ABOUT SOME.

THIS IS SO TROUBLING.

WHEN YOU THINK ABOUT THAT, THESE AREN'T LITTLE ANIMATIONS OF CARS MOVING, BUT REAL PEOPLE ATTEMPTING TO LIVE PRODUCTIVE LIVES WITHIN OUR LITTLE NOOK OF SOCIETY.

AND I JUST CONTINUE TO STATE I DON'T SEE HOW IT WORKS.

I CAN'T WRAP MY HEAD AROUND IT.

AND I WISH I COULD.

BECAUSE I WANT TO SEE, YOU KNOW, OUR CITY GROW AND PROSPER.

I WANT TO SEE MORE PEOPLE COME TO OUR WONDERFUL FREE STATE OF FLORIDA AND JOIN OUR COMMUNITY HERE IN PALM BAY.

I JUST I DON'T SEE HOW WE'RE READY FOR THIS PHASE.

AND FRANKLY SPEAKING, I DON'T SEE HOW YOU OR YOUR CLIENT SEE US AS READY FOR THIS PHASE.

I JUST DON'T SEE IT.

I'M. I'M NOT SEEING THE VISION, MAN.

AND AGAIN, I WANT TO GIVE YOU THE BENEFIT OF DOUBT.

I WANT TO UNDERSTAND YOU.

I ALWAYS AM WIDE OPEN IN THE MINDSET.

BUT IT'S JUST NOT FALLING ON ME HOW WE CAN MAKE THIS WORK.

HOW ONCE THESE HOUSES ARE UP AND THESE CARS ARE IN THESE DRIVEWAYS, THEY'RE GOING TO ESCAPE THEIR REALITY.

HEAVEN FORBID AN ACCIDENT.

I'M JUST TALKING ABOUT NORMAL LIFE.

I'M NOT SEEING IT, SO I JUST SHARE THAT WITH YOU TO SAY AS THINGS UNFOLD.

I JUST REALLY HOPE THAT THAT YOU CAN, YOU KNOW, BE AS CREATIVE AS POSSIBLE.

AND TO MR. MCLEOD'S POINT, YOU KNOW, POP OUT OF THE PARKWAY, EVEN IF IT MEANS THAT ONLY YOUR RESIDENTS CAN END UP GOING NORTH FOR A WHILE, AT LEAST THEY CAN GO SOUTH TO GO NORTH. YOU KNOW, MAYBE IF THE BELTWAY DOESN'T GET ALL THE WAY THERE, IF YOUR OTHER PROJECTS COME AND TO JUST REALLY FOCUS ON MAKING IT SO THESE PEOPLE HAVE SOME LEVEL AND DEGREE OF SAFETY.

IT'S REALLY MY REQUEST TO YOU IS, IS DO YOUR DUE DILIGENCE AND EVERYTHING THAT YOU CAN TO MAKE THESE PEOPLE SAFE.

AND I APPRECIATE YOU FOR FOR DOING THAT.

THAT SAID, NO FURTHER QUESTIONS FROM THE BOARD.

RIGHT. SO WE OUGHT TO OPEN IT FOR PUBLIC COMMENTS.

SO I'D LIKE TO OPEN THE FLOOR 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? EXCUSE ME. BLESS YOU SIR.

SEEING NONE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS.

CAYCE BE BROUGHT BACK TO THE BOARD FOR BOARD DISCUSSION.

BOARD MEMBERS, AFTER HEARING ALL EVIDENCE.

ARE THERE FURTHER QUESTIONS OR EMOTION? MOTION TO APPROVE F S 23 00016.

SECOND. I HAVE A MOTION BY MRS. JORDAN AND SECONDED BY MR. BOEREMA TO RECOMMEND FOR APPROVAL.

CAYCE FS 2300016.

ALL IN FAVOR? OH. EXCUSE ME, IS THERE ANY FURTHER DISCUSSION BEFORE I CALL THE QUESTION? SO I'LL CALL THE QUESTION.

ALL IN FAVOR? AYE. AYE. ALL OPPOSED? NAY. MISS BAUMANN, WE HAVE A ROLL CALL.

VOTE, PLEASE. MR. OLSZEWSKI. NÉ MR. GOOD, NÉ MR. BOEREMA A MR. JAFFE, A MISS JORDAN I MR.

[01:55:04]

MCLEOD, I MR. WARNER. NAY.

THAT MOTION PASSES 4 TO 3.

TWO, THREE. ALL RIGHT.

THAT CONCLUDES OUR NEW BUSINESS.

AND SEEING NO OTHER BUSINESS, WE'LL CALL THIS.

MEETING ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.