[00:00:01] OKAY. I HAVE 6:00. [CALL TO ORDER:] THE PLANNING AND ZONING BOARD REGULAR MEETING OF PALM BAY IS NOW CALLED TO ORDER. MR. WARNER, WOULD YOU PLEASE LEAD US IN THE PLEDGE OF ALLEGIANCE? I PLEDGE. I'LL STAND. 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. MISS POWELL, A ROLL CALL, PLEASE. YES. MR. BOEREMA PRESIDENT. MR.. GOOD PRESENT, MR. JAFFEE. PRESENT. MISS JORDAN HAS ASKED TO BE EXCUSED, MR. MCLEOD. PRESENT. MR. OLSZEWSKI HAS ASKED TO BE EXCUSED. MR. WARNER PRESENT. OUR SCHOOL BOARD APPOINTEE POSITION IS STILL VACANT. AND CHIEF DEPUTY CITY ATTORNEY MICHAEL RODRIGUEZ IS HERE. WE DO HAVE A QUORUM. THANK YOU. FOR THE BENEFIT OF THE APPLICANTS AND THE AUDIENCE, THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS. [ANNOUNCEMENTS:] 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 THEIR 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 OPENED FOR PUBLIC COMMENTS. WE WILL FIRST HEAR THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION, THEN THOSE IN OPPOSITION TO THE APPLICATION FOR ALL PROCEEDINGS, ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN SPEAKER OATH CARDS LOCATED AT THE PODIUM AND AT THE BACK OF THE ROOM. PLEASE PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME, ADDRESS AND COMMENTS. FOR THE RECORD, AS A COURTESY, I 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, I WILL 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 THE MEETING GUIDELINES, MR. VICE CHAIR, IF I MAY, THE THREE ITEMS ON THE AGENDA TONIGHT ARE QUASI JUDICIAL IN NATURE, AND THEREFORE I ASK THAT IF ANY BOARD MEMBER HAS HAD ANY EX PARTE COMMUNICATIONS REGARDING ANY OF THE SUBJECT MATTERS THAT ARE BEING PRESENTED TONIGHT, CAN YOU PLEASE DISCLOSE SUCH? THE TENOR OF YOUR CONVERSATION AND WHO YOU'VE SPOKEN TO? IF YOU HAVE NONE, THEN I'LL TAKE YOUR SILENCE AS HAVING NONE, AND WE CAN PROCEED FORWARD. I SEE NONE, THANK YOU. [NEW BUSINESS:] OKAY, MISS. BERNARD, CASE NUMBER V24-00001. GOOD EVENING. I'M TANYA RAMOS, PRINCIPAL PLANNER. AND THIS FIRST CASE IS A VARIANCE. THE APPLICANT IS STEPHANIE TENNISON OF 1275 SCOTTISH STREET SOUTHWEST. THIS IS A LOW DENSITY RESIDENTIAL FUTURE LAND USE AND RS TWO SINGLE FAMILY LOT. IT'S 0.23 ACRES. THE VARIANCE REQUEST IS TO ALLOW AN EXISTING 11 FOOT BY 16.9FT CONCRETE SLAB AND A PROPOSED SHED TO ENCROACH 1.5FT INTO THE SIX FOOT SIDE SETBACK AND 4.3FT INTO THE TEN FOOT REAR SETBACK FOR AN ACCESSORY STRUCTURE AS ESTABLISHED BY SECTION 185.1 18 OF THE PALM BAY CODE OF ORDINANCES. I JUST I ALSO WANTED TO POINT OUT THE STAFF REPORT WAS PUBLISHED IN YOUR AGENDA PACKAGE EARLY DUE TO THE INCLUSION OF THE LDC UPDATES ON THIS AGENDA. AND AT THAT TIME, THE APPLICANT HAD NOT PROVIDED THE RESPONSES TO THE CRITERIA FROM SECTION 169 .009. HOWEVER, SINCE THEN SHE HAS PROVIDED THOSE RESPONSES. WE ADDED THAT TO THE AGENDA PACKET AS ITEM SIX A, SO YOU SHOULD HAVE THAT. BUT THE STAFF REPORT WAS NOT UPDATED TO CUT AND PASTE HER COMMENTS IN. MY MY RESPONSE IS STAFF RESPONSES WOULD NOT HAVE BEEN CHANGED. AND I HAVE UPDATED THAT ALREADY FOR THE THE CITY COUNCIL AGENDA. SO IN A BRIEF ANALYSIS, WHAT HAPPENED HERE IS THE APPLICANT OBTAINED A BUILDING PERMIT TO LOCATE THE SHED SLAB MEETING SETBACK REQUIREMENTS. AND DURING THE PREEPORT INSPECTION, THE CITY INSPECTOR FAILED TO DETERMINE THAT THE FORMS WERE NOT PLACED CORRECTLY AND THE ENCROACHMENT WAS NOT RECOGNIZED UNTIL THE FINAL [00:05:10] INSPECTION. AN ADMINISTRATIVE VARIANCE IS NOT AN OPTION IN THIS CASE, BECAUSE THE PROPOSED SHED WILL ENCROACH MORE THAN 12IN INTO THE SETBACK. HOWEVER, THIS IS A STANDARD SIZE LOT IN THE RS TWO ZONING CLASSIFICATION, AND THE SURVEY THAT WAS APPROVED FOR THE BUILDING PERMIT SHOWS THAT THE LOT CAN ACCOMMODATE THE DESIRED ACCESSORY STRUCTURES AND MEET ALL CODE REQUIREMENTS. SO BASED ON THAT ANALYSIS, THE CORRECT OPTION WOULD BE FOR THE PROPERTY OWNER AND HER CONTRACTOR TO RELOCATE THE SLAB SO THAT THE SHED COULD BE PLACED APPROPRIATELY. SO IN THIS CASE, BECAUSE THE PROPERTY COULD ACCOMMODATE THE DESIRED SHED AND SLAB, THE APPLICANT HAS NOT DEMONSTRATED A SPECIFIC HARDSHIP AS REQUIRED UNDER SECTION 169 .009 OF THE CITY OF PALM BAY CODE OF ORDINANCES. TO QUALIFY FOR A VARIANCE, AN APPLICANT MUST MEET ALL OF THE CRITERIA STATED IN THE CODE SECTION 169 .009. SEE ALSO. STATES. FINANCIAL DISADVANTAGES OR INCONVENIENCE TO THE APPLICANT SHALL NOT OF THEMSELVES CONSTITUTE CONCLUSIVE EVIDENCE OF AN UNNECESSARY AND UNDUE HARDSHIP, AND BE GROUNDS TO JUSTIFY THE GRANTING OF A VARIANCE. FOR THESE REASONS, STAFF IS RECOMMENDING DENIAL OF THE 24 00001 BASED ON THE VARIANCE EVALUATION CRITERIA IN SECTION 169 .009. AND I HAVE INCLUDED A COUPLE OF PICTURES IN THE POWERPOINT JUST TO CLARIFY WHAT'S GOING ON HERE. SO THIS FIRST PICTURE SHOWS THE SURVEY AND I HIGHLIGHTED SOME THINGS. THIS IS WHAT WAS APPROVED FOR THE BUILDING PERMIT. SO THE AREAS ALREADY IN PINK SHOW THE SEPTIC SYSTEM AND DRAIN FIELD WHICH YOU CAN'T BUILD ANYTHING ON TOP OF. AND THEN THE AREA IN ORANGE IS WHERE THE SHED SLAB WAS SUPPOSED TO BE LOCATED. AND THE AREA IN YELLOW IS THE DRAINAGE AND UTILITIES EASEMENT, AND THE EASEMENT ALSO MATCHES UP WITH THE REQUIRED SETBACKS IN THIS CASE. SO YOU CAN SEE THAT THE SLAB SHOULD HAVE FIT AND WAS APPROVED IN THE CORRECT LOCATION ON THE BUILDING PERMIT. THE NEXT PICTURE. THANK YOU IS IS ILLUSTRATING THE VARIANCE THAT'S BEING REQUESTED. SO WHAT ENDED UP HAPPENING WHEN THE SLAB WAS POURED IN THE WRONG LOCATION IS THIS ENCROACHMENT WHICH YOU SEE IN PINK. BECAUSE AGAIN, THE DRAINAGE EASEMENT AND THE SETBACKS ARE IN YELLOW AND THERE IS AN ENCROACHMENT. I READ IT OUT WITH THE VARIANCE APPLICATION, BUT YOU CAN SEE. SO IT WILL BE A SHED ALSO PLACED ON THIS SLAB. ENCROACHING INTO THE THE SETBACK. NOW, THE EASEMENT ITSELF, THEY'VE ALREADY GONE THROUGH THE PROCESS TO HAVE THAT VACATED. SO THAT'S NOT AN ISSUE AS FAR AS BUILDING IN IN THE EASEMENT AREA. IT'S JUST THE SETBACKS THAT WE'RE CONCERNED ABOUT WITH THE VARIANCE. AND STAFF IS AVAILABLE. IF YOU HAVE ANY OTHER QUESTIONS AND THE APPLICANT IS ALSO HERE. OKAY. THANK YOU. MEMBERS OF THE BOARD, ARE THERE ANY QUESTIONS FOR STAFF BEFORE WE HEAR FROM THE APPLICANT? YES, I HAVE A QUESTION. IN READING THE THE DOCUMENTATION, IT APPEARS THAT THE CONTRACTOR MADE AN OFFER TO MOVE THE SLAB. I BELIEVE SO BUT THAT WAS ALL DISCUSSION WITH THE APPLICANT HER CONTRACTOR AND THE BUILDING DEPARTMENT, WHICH I WAS NOT A PART OF. SO. THANK YOU. ANY FURTHER QUESTIONS? I JUST HAVE A QUESTION. DO WE HAVE A COPY OF THE DRAINAGE PLAN? IT WOULD PROBABLY BE REVIEWED WITH THE BUILDING PERMIT, BUT I DON'T HAVE IT FOR THE VARIANCE APPLICATION. I HAVE A QUESTION. WHEN YOU SAY THAT THE THE VACATING OF THAT EASEMENT WAS IN PROCESS OR HAS BEEN. SO THAT'S BEEN APPROVED BY CITY COUNCIL. VACATING GOES RIGHT THROUGH CITY COUNCIL. OKAY. SO THAT HAS BEEN APPROVED. THE SO, SO TYPICALLY WE HAVE THIS EASEMENT LIKE THIS. AND I LOOKED AT THE PICTURES. THERE'S A COUPLE OF THINGS. ONE, THERE'S A IT LOOKS LIKE A YOU WELL I GUESS THIS WOULD BE FOR THE APPLICANT, BUT SO I'LL HOLD OFF MY QUESTION FOR FOR THAT. THANK YOU. I DID HAVE ONE QUESTION, MR. CHAIR. YES. [00:10:02] THE THE SIZE OF THE SHED. IS THERE A SIZE OF THE SHED AND THE TYPE OF THE SHED? I DON'T HAVE THAT INFORMATION. THAT WOULD BE ANOTHER BUILDING PERMIT. I BELIEVE THIS WAS JUST FOR THE SLAB. AND THE REASON FOR THE VARIANCE IS TO ALSO INCLUDE THE FACT THAT THEY WANT TO HAVE A SHED ON TOP OF THIS SLAB. OKAY. BECAUSE THE REASON FOR THE QUESTION IS BECAUSE EVEN THOUGH THE SLAB WOULD BE THERE, THEY'VE ALREADY POURED THE SLAB. CORRECT. SO THE SLAP IS ALREADY THERE. SO THE QUESTION THEN WOULD BE, AND IT MAY ALSO BE A QUESTION FOR THE APPLICANT. THEN, DEPENDING ON THE SIZE OF THE SHED, IF WE COULD JUST REDUCE THE SIZE OF THE SHED TO MAKE IT FIT WITHIN THE CONFINES OF THE OF THE SLAB, AND THEN MAYBE WE CAN MOVE FORWARD WITHOUT HAVING TO DO A VARIANCE. SO THAT WOULD BE AN OPTION. BUT THAT'S PROBABLY A QUESTION MORE FOR THE APPLICANT. THANK YOU. OKAY. ANY OTHER QUESTIONS FOR STAFF? SEEING NONE, WILL THE APPLICANT OR THEIR REPRESENTATIVE PLEASE APPROACH THE PODIUM AND SUBMIT YOUR SPEAKER CARD AND GIVE YOUR PRESENTATION, PLEASE? HI, MY NAME IS STEPHANIE TENNYSON. I'M AT 1275 SCOTTISH STREET, SOUTHWEST. SO WE DID GO THROUGH THE PROCESS OF PULLING A PERMIT AND HAVING THE SHED SLAB POURED. WE DID RECEIVE THE INSPECTOR APPROVED THE PRE POUR. I DID REACH OUT TO THE CONTRACTOR, LET THEM KNOW TO GO AHEAD AND POUR THE SLAB. THE SLAB WAS POURED, I DO BELIEVE A COUPLE DAYS LATER, AND THEN A COUPLE DAYS AFTER THAT, THE INSPECTOR CAME BACK OUT. SAME INSPECTOR CAME BACK OUT AND FAILED THE FINAL. I FOUND OUT IN JANUARY AND THEY GAVE US OUR OPTIONS. AND THE OPTIONS WERE TO MOVE THE SLAB OR REMOVE THE SLAB. OR WE COULD FILE THE VACATE THE VARIANCE. AND MY CONTRACTOR OFFERED TO DO THAT. I DECLINED MOVING THE SHED SLAB BECAUSE THE REASON WHY I WANTED IT THERE IS BECAUSE A MAJORITY OF MY BACKYARD IS ANAEROBIC, SEPTIC, AND OBVIOUSLY YOU CANNOT BUILD ON THAT. YOU CAN'T REALLY PUT MUCH ON IT. SO. IF I MOVE THE SLAB FROM WHERE IT'S AT, THE ONLY PLACE THAT I COULD PUT IT IS THAT I WOULD MOVE IT UP WITHIN THE MIDDLE OF MY YARD, WHICH WOULD TAKE UP USABLE SPACE, AND THAT USABLE SPACE WAS LEFT OVER FOR MY CHILD'S PLAY STRUCTURE, BECAUSE WE WERE TOLD WE CAN'T PUT A PLAY STRUCTURE ON THE ANAEROBIC SEPTIC SYSTEM EITHER. SO THERE WAS ENOUGH ROOM FOR A SHED, AND THE SHEDS PLAN IS TO BE TEN FOOT BY 16 FOOT, SO AND THE SLAB IS 11 FOOT BY 16.9FT, I DO BELIEVE. YEAH, OR 11 BY 17. SO. PRETTY MUCH. WE STARTED THE PROCESS IN JANUARY. IT'S BEEN A VERY LONG PROCESS. WE REACHED OUT TO FPL AND ALL THE UTILITY COMPANIES, AND THEY APPROVED IT AND SAID THAT THEY WERE OKAY WITH IT. AND I GUESS SINCE THEN WE'VE JUST BEEN KIND OF GOING THROUGH THE MOTIONS BACK AND FORTH BETWEEN THE CITY AND BUILDING AND ZONING. AND WE HAVE TALKED TO OUR NEIGHBORS. ALL OF THEM HAVE GIVEN US THEIR BLESSING THAT IT'S NOT IN THEIR WAY. IT'S REALLY NOT GOING TO BE IN THE UTILITIES WAY BECAUSE THEY ARE PLANNING ON MOVING ALL THE UTILITIES UNDERGROUND AND WHERE THEY WILL BE MOVING THOSE UTILITIES UNDERGROUND WILL ACTUALLY BE ON THE OPPOSITE SIDE OF MY YARD FROM THE SHED SLAB. SO THE ONLY THING THAT'S BEHIND THAT IS JUST GRASS ON EITHER SIDE. SO. ANYTHING YOU WANT TO ADD? THIS IS MY CONTRACTOR. HELLO? HELLO. OKAY. FOR THE RECORD, THERE AREN'T ANY LETTERS IN THE FILE REGARDING THIS AND THE FLOOR IS OPEN FOR PUBLIC COMMENTS. IS THERE ANYONE IN THE AUDIENCE WHO PREFERRED TO SIT DOWN WITH YOU? THANK YOU. THE FLOOR IS OPEN FOR PUBLIC COMMENTS. IS THERE ANY QUESTION? DOES THE BOARD HAVE. I'M SORRY. DO YOU COME BACK UP THE. DOES THE DOES THE BOARD HAVE ANY QUESTIONS FOR THE FOR THE APPLICANT IF YOU WANT TO ASK A QUESTION NOW. OKAY. SO NOW I'M GOING TO ASK YOU THE QUESTION ABOUT THE SIZE OF THE SHIP. IS THERE. I THINK YOU SAID THE SLAB ITSELF WAS 11 BY 17. AND SO THE SHED WAS ORIGINALLY WERE GOING TO BE WHAT WHAT SIZE TEN BY 16. SO THEY POUR AN EXTRA FOOT FOR THE FOOTING. CASINGS, I DO BELIEVE, IS WHAT THEY'RE CALLED, JUST TO MAKE SURE THAT WHEN THERE'S A SHED PLACED ON THE SLAB THAT IT IS ADHERED TO THE FOUNDATION [00:15:07] CORRECTLY. AND IT CAN HOLD BECAUSE I KNOW I THINK YOU HAVE TO, I DON'T KNOW, DRILL IT INTO THE CONCRETE OR I'M NOT SURE HOW THAT WORKS WITH SHEDS, BUT THAT'S HOW WE WERE TOLD TO DO IT. OKAY, LET ME UNDERSTAND THE DISPOSITION HERE. AND BUT I KNOW THAT IT'S ALSO THE PROCESSES THAT WE HAVE ALSO WITH THE CITY AND, AND THE GUIDELINES. SO SO I'M ACTUALLY REALLY TRYING TO UNDERSTAND THEN IF YOU MADE THE SHED A LITTLE BIT SMALLER, COULD IT, WOULD THAT WORK FOR THAT SPACE WHICH YOU THEN HAVE TO GO THROUGH THIS WHOLE VARIANCE PROCESS. WELL YES AND NO. CURRENTLY IN MY HOME, I HAVE A MULTI-GENERATIONAL HOME. WE MOVED HERE FROM WISCONSIN, SOLD OUR HOUSE. WE'VE GOTTEN RID OF A LOT OF STUFF, BUT WE HAVE A LOT OF SENTIMENTAL STUFF LEFT. AND WE WERE USING THE FOURTH BEDROOM TO HOLD THOSE BELONGINGS. WELL, WE NOW HAVE MY MOM LIVING WITH US, AND WE HAD TO VACATE THOSE BELONGINGS. SO THEY'RE IN A STORAGE SHED AT THE MOMENT BECAUSE WE DON'T HAVE ROOM IN THE GARAGE. THERE'S A LOT OF STUFF TO STORE WITH THAT MANY PEOPLE. AND, YOU KNOW, IF I DIDN'T HAVE KIDS OR ANYTHING, IT WOULDN'T BE A HUGE ISSUE. BUT IT'S IMPORTANT FOR ME AND MY FAMILY, FOR MY KIDS TO BE ABLE TO ALSO KEEP THEIR PLAY STRUCTURE. WE HAD TO GET RID OF THOSE THINGS WHEN WE MOVED. AND I THINK THAT IT'S IMPORTANT FOR KIDS TO GROW UP WITH THINGS LIKE THAT TO, YOU KNOW, HAVE FUN AND PLAY OUTSIDE. THERE'S TOO MANY KIDS ON VIDEO GAMES THESE DAYS, AND WE DON'T WANT THAT. BUT WE ALSO DON'T WANT TO GET RID OF OUR SENTIMENTALS BECAUSE WE DON'T HAVE ENOUGH SPACE TO STORE IT. SO. WHERE WE COULD DOWNSIZE IT, I JUST STILL THINK THAT EVEN THE TEN BY 16 HONESTLY, IS PUSHING THE ADEQUATE SPACE TO STORE WHAT WE HAVE. OKAY. THANK YOU. THANK YOU. AND ANY OTHER QUESTIONS FOR THE APPLICANT? I JUST HAD ONE. I NOTICED THE PICTURES SHOWED WHAT LOOKED LIKE THE SLAB AND THEN THE PLAYGROUND EQUIPMENT ON TOP OF THE SLAB. IS THAT THE SLAB FOR THE PLAYGROUND EQUIPMENT OR IS IT FOR STORAGE? IT'S FOR A SHED. WE'RE ACTUALLY PLANNING ON IF YOU LOOK BETWEEN. SO THE GRASSY AREA BETWEEN THE SLAB AND THE CONCRETE BACK PORCH, THERE'S ENOUGH SPACE TO MOVE THAT PLAY STRUCTURE IN BETWEEN THOSE TWO. OKAY. OKAY. THANK YOU. THAT'S IT. OKAY, SO THE FLOOR IS NOW OPEN FOR PUBLIC COMMENTS. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? MR. MOYLAN? DAVID MALDEN 1663 GEORGIA STREET, NORTHEAST, NUMBER 700. I BELIEVE I HEARD THAT THE SLAB IS ALREADY POURED IN THE EASEMENT AREA. I OWN THE LOT ACROSS THE STREET FROM IT, AND I MAY HAVE THE LOT SOME MORE OTHER LOTS ON THE SCOTTISH ROAD. I DON'T HAVE NO OBJECTION. I ENCOURAGE YOU TO APPROVE HER, SINCE SHE HAS ALREADY HAVE A HARDSHIP AND THE SLAB IS POURED. YOU KNOW THE UTILITY COMPANIES, THEY DON'T HAVE NO ISSUES WITH IT. SHE'S HURTING FOR THEIR SPACE. SO JUST. IF YOU WOULD, PLEASE GRANT HER THE VARIANCE. THANK YOU. THANK YOU. IS THERE ANYONE ELSE WHO WISHES TO SPEAK IN FAVOR OF THIS? IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION? MR.. BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST. I'M SPEAKING UNDER OPPOSITION, BUT OVERALL I'M IN FAVOR OF APPROVAL. BUT I WANT PEOPLE TO UNDERSTAND HOW WE GOT HERE. WHAT'S MORE IMPORTANT TO ME THAN THAN THE VARIANCE? BECAUSE THE CITY GRANTS VARIANCES ALL THE TIME FOR SOMETHING VERY SIMILAR TO THIS. SO THAT'S WHY OVERALL I'M IN FAVOR. BUT I WANT TO CHALLENGE SOME OF THE PROCESS. THAT'S WHAT'S MORE IMPORTANT TO ME. THERE WERE SEVERAL PEOPLE THAT WERE FAULT WITH THIS. THE FIRST ONE WAS THE HOMEOWNER BECAUSE THEY SUBMITTED THEIR PLAN TO WHAT THEY WANTED TO SEE. THAT'S WHAT WENT TO THE CITY AND THAT'S WHAT WAS APPROVED FOR THESE PLANS. THAT'S WHAT THEY WANTED. THAT'S WHAT THEY AGREED TO. THEN A CONTRACTOR CAME IN, DID A LAYOUT, MADE A MISTAKE. THE CONTRACTOR MADE A MISTAKE IN THE LAYOUT. RIGHT. THAT'S ONE MISTAKE. [00:20:01] THE SECOND MISTAKE WAS WHEN THE PRELIMINARY INSPECTION CAME FROM THE CITY. THE CITY DID NOT NOTICE THE OFFSET FROM THE FROM THE PLAN ON WHERE TO POUR. SO THERE'S TWO MISTAKES THERE. THEN WHEN THE WHEN THE CONCRETE WAS ACTUALLY POURED. EXCUSE ME. THAT'S WHERE THE THIRD MISTAKE HAPPENED BECAUSE IT WAS IN THE WRONG LOCATION. RIGHT THEN THE FOURTH, THE NEXT INSPECTOR WAS THE CITY WHO CAME AND FOUND THE MISTAKE. THAT WAS THE CITY INSPECTOR THAT SAID, HOLD IT. THERE IS A MISTAKE HERE. WE FOUND IT, BUT IT WAS AFTER THE FACT. SO, BUT SO IN THIS CASE, I WANT TO NORMALLY SAY CITY HOMEOWNERS RIGHTS SHOULD BE PROTECTED BECAUSE I'M NEVER A BIG FAN OF VARIANCES, OF USING UP ALL YOUR LAND FOR ALL THIS VARIANCES THAT WE OVERRIDE ANYHOW, BUT THE FACT THAT THE LANDOWNER HAD THE OPPORTUNITY TO NOTICE THE MISTAKE ALSO HAD THE OPPORTUNITY. WHEN THE CONTRACTOR SAID, I WILL CORRECT THE PROBLEM BECAUSE IT WAS MY MISTAKE, I WILL CORRECT IT. THEN THE HOMEOWNER SAID, NO, WE'RE GOING TO TRY AND GET SOMETHING BETTER, BECAUSE WHAT I SEE NOW IS BETTER THAN WHAT I PUT IN ON MY BUILDING PLAN. OVERALL, I WOULD RECOMMEND YOU APPROVE IT, BUT I WANT US PEOPLE TO UNDERSTAND THAT YOU CAN'T BE CHANGING YOUR MIND BECAUSE YOU SEE SOMETHING BETTER WHEN YOU ALREADY SUBMITTED YOUR BUILDING PLANS, AND THAT'S WHAT THE INSPECTORS ARE SUPPOSED TO FIND. THE INSPECTORS FOUND THE MISTAKE. AND THEN THEY POINTED OUT, OVERALL, I WOULD SAY GRANITE, BUT WITH OBJECTION. THANK YOU. THANK YOU, MR. BENTON. ANYONE ELSE WISHING TO SPEAK REGARDING THIS? WOULD THE APPLICANT LIKE TO RESPOND TO ANY OF THOSE COMMENTS? I JUST WANT TO MAKE IT CLEAR THAT WHEN I HIRED THE CONTRACTOR TO COME OUT AND THEY DID A FANTASTIC JOB, THEY REALLY DID. AND I WOULD HIRE THEM AGAIN. I WAS UNDER THE WE DID THE MEASUREMENTS AND WE WENT THROUGH AND I WAS UNDER THE IMPRESSION THAT IT WAS FIVE FEET FROM THE BACK WAS WHAT THE EASEMENT WAS, AND THAT'S WHAT WE MEASURED IT OUT TO BE. I DIDN'T SEE THE MEASUREMENT THE TEN FEET WHEN IT WAS SUBMITTED. SO JUST SO YOU GUYS ARE AWARE, I WAS UNDER THE IMPRESSION THAT IT WAS GOING TO BE FIVE FEET WHEN WE DID IT. SO BY NO MEANS DID WE SUBMIT SOMETHING AND THEN DO SOMETHING OPPOSITE. WE DID WHAT I WAS UNDER THE IMPRESSION WAS GOING TO HAPPEN AND HAD BEEN APPROVED WITH A CITY PERMIT. OKAY. THANK YOU. YOU. OKAY WITH THAT? THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS, AND THE CASE IS BROUGHT BACK BEFORE THE BOARD FOR DISCUSSION. BOARD MEMBERS, AFTER HEARING ALL THE EVIDENCE, ARE THERE ANY FURTHER QUESTIONS OR DISCUSSION ON THE ON THE ITEM? MR. CHAIRMAN? YES, SIR. A QUESTION OR AN OPINION, ACTUALLY. MY PROBLEM IS THERE ARE STILL THREE EMPTY LOTS IN THAT BLOCK. SO ONCE THE VARIANCE IS MADE FOR YOU, IT'S ALREADY GOING TO BE MADE FOR THE OTHER THREE LOTS. PLUS THE ONES THAT HAVEN'T DECIDED TO BUILD A SHED OR WHATEVER. IT'S GOING TO GIVE ALL OF THEM THE RIGHT TO DO THAT BECAUSE WE GAVE IT TO YOU. SO I THINK I THINK THAT CAN BE FIXED. EASY ENOUGH, CUT THE CONCRETE TO WHERE IT BELONGS AND BUILD THE SHED TO FIT. SO I THINK I'M GOING TO VOTE AGAINST THIS. THAT'S ALL. THANK YOU. THANK YOU FOR YOUR COMMENT THAT YOU BRING UP A GOOD POINT, THOUGH, AND BUT I WAS THIS THIS MAY BE A POINT FOR THE MAYBE THE CITY ATTORNEY. I JUST HAD A QUICK QUESTION FOR MAYBE THE CITY ATTORNEY. FROM MY UNDERSTANDING, WHEN YOU WHEN YOU VACATE AN EASEMENT THAT'S BASICALLY THE CITY SAYING IS THAT THE CITY SAYING THEY DO NOT NEED THAT ACCESS TO THAT, THEY DON'T NEED THAT EASEMENT ANYMORE. CORRECT. THAT'S BASICALLY WHAT THEY'RE SAYING. SO SO I NOTICED THERE WAS SOME TELEPHONE LINES AND THINGS LIKE THAT THAT RUN ALONG THIS PROPERTY ALONG, I THINK, ONE SIDE OF THE PROPERTY. SO THEY ARE BASICALLY SAYING THAT THEY DO NOT NEED A THAT FPNL AND OTHERS DON'T NEED ACCESS TO THAT. IT WAS A PARTIAL VACATION OF THE EASEMENT, SO IT WASN'T A FULL VACATION. OKAY. JUST FOR THE AMOUNT THAT RIGHT. FOR THE PORTION THAT WAS THAT WAS NECESSARY. OKAY. AND IF I MAY CORRECT ONE MOTION, A VARIANCE DOES NOT CREATE A LEGAL BINDING PRECEDENT ON ANY OF THE OTHER PROPERTIES. IT COULD BE PERSUASIVE TO THE FOR THE NEXT PERSON. [00:25:03] BUT BECAUSE A VARIANCE IS GRANTED ON ONE PROPERTY, YOU ARE NOT LEGALLY BOUND TO GRANT ANOTHER VARIANCE ON A NEIGHBORING PROPERTY. EACH VARIANCE IS CONSIDERED INDEPENDENTLY BASED ON THE INFORMATION THAT'S PRESENTED BY THE APPLICANT AND THEN CONSIDERED BY THIS BOARD, INDEPENDENT OF ANY OTHER VARIANCES. SO. SO THE GRANTING OF A VARIANCE ON THIS PROPERTY DOES NOT LEGALLY BIND CONTIGUOUS PROPERTIES. WHO, IF THEY COME AND ASK FOR THIS FOR A SIMILAR IDENTICAL VARIANCE. THANK YOU. I JUST MAKE A COMMENT. IT APPEARS THAT FPL AND THIS NEIGHBORHOOD HAS BEEN CONVERTED TO UNDERGROUND, AND MORE THAN LIKELY TRANSFORMERS ARE IN THE FRONT YARD. AND THAT'S WHY THE TELEPHONE POLES ARE CUT DOWN. THERE'S NO LONGER TRANSFORMERS OR POWER RUNNING IN THAT REAR UTILITY EASEMENT. SO, YOU KNOW, I WITH THAT BEING SAID, I'D PROBABLY BE MORE LIKELY IN FAVOR OF GRANTING THIS APPROVAL. OKAY. WELL WITH THAT I WILL GO AHEAD AND MAKE THE MOTION TO APPROVE THE A VARIANCE FOR V2400001. YES, I THINK YOU HAVE TO CALL COUNCIL. YEAH, I DON'T THINK YOU HAVE TO CALL. I'M SORRY. WE REALLY CAN'T HAVE PRIVATE CONVERSATIONS. I'M SORRY. IS THERE IS THERE ANOTHER POINT OF ORDER? YOU MR. WARNER. YOU CAN LET ME KNOW. ORDER! YES, SIR. WELL, WE WERE GOING TO CONTINUE WITH WITH WITH THE CONVERSATION OR WITH WHAT? THE BECAUSE THERE WAS ANOTHER COMMENT THAT THAT NEEDED TO BE MADE ABOUT ABOUT THE, ABOUT THIS CASE AND THEN TO MAKE THE MOTION FOR THE VOTE, THERE WAS JUST ANOTHER ANOTHER QUESTION OR ANOTHER, ANOTHER QUESTION, ANOTHER COMMENT TO BE THAT I WANTED TO VOICE OUT. OH, CERTAINLY. CERTAINLY. YES, ABSOLUTELY. AND EVEN IF I MADE A MOTION, THOUGH, AND WE CAN STILL COME BACK. BUT ANYWAYS, GO AHEAD. RIGHT. YOU ARE THE ACTING CHAIR OF THIS MATTER. SO IF YOU'RE GOING TO MAKE THE MOTION, YOU DON'T HAVE TO ACTUALLY PASS THE GAVEL. OH. I'M SORRY. OKAY, OKAY. I KNOW YOU'RE NOT. IT'S IT'S NEW FOR YOU RIGHT NOW. YES. SO JUST JUST A REMINDER THAT IN MOTION, YOU'LL DIRECT FOR A MOTION TO BE MADE. BUT IF YOU'RE GOING TO MAKE THE MOTION, YOU HAVE TO PASS THE GAVEL. UNDERSTAND? CEASE TO BE THE CHAIR. MR. VERNER, WOULD YOU LIKE TO FURTHER DISCUSS? YES. GO AHEAD. OKAY. SORRY FOR THE FOR THE CONFUSION THERE, BUT I ALSO WAS GOING TO SAY PRETTY MUCH THE SAME THING. IT WAS BECAUSE THE SLAB IS ALREADY THERE. I FEEL AS THOUGH THAT YOU NEED TO DO SOMETHING WITH IT. OTHER THAN THAT, IT'S JUST GOING TO JUST KIND OF JUST JUST SIT THERE. EVEN THOUGH THE PLAYGROUND EQUIPMENT DO LOOK SOMEWHAT NICE THERE. I'M I'M STILL PUSHING TOWARDS YOU ALL. MAYBE JUST PUTTING IN THE SMALLER SHED. AND I KIND OF AGREE WITH MY COLLEAGUE A LITTLE BIT ABOUT TRIMMING THE. WELL, IT'S NOT NECESSARILY TRIMMING THE CONCRETE, BUT MAYBE JUST MAKING THE THE SHED A LITTLE BIT MORE CONFORMING TO THE AREA AND BEING AND BEING THAT THE MOST OF IT, I THINK IT WAS 4.3FT OF IT HAD ALREADY BEEN VACATED. I REALLY DIDN'T SEE WHY IT WOULD BE BEFORE YOU VOTE, CAN I MAKE A COMMENT, PLEASE? I KNOW I SAID I WAS GOING TO VOTE AGAINST THIS BECAUSE I THOUGHT WE WERE GOING TO BE TIED IN FOR THE REST OF THE LOTS, BUT NOW THE COUNCIL HAS EXPLAINED THAT TO ME. I THINK I'M GOING TO CHANGE MY VOTE TO A YES. SO IF THAT'S GOING TO AFFECT YOU OR NOT, I DON'T KNOW, BUT GO RIGHT AHEAD. SORRY ABOUT THAT. NO, I JUST WANTED TO JUST JUST JUST GET THAT POINT ACROSS AND JUST FINISH THE THE CONVERSATION WHERE WE'RE AT. THANK YOU. AND I APPRECIATE YOU POINTING OUT THE ORDER, I APPRECIATE THAT. AND SO WITH THAT SAID IS THERE ANYONE WHO WOULD LIKE TO MAKE A MOTION ON THIS? I'D LIKE TO MAKE A MOTION TO APPROVE V 20 4-0001. SECOND. OKAY. WE HAVE A FIRST AND A SECOND. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY I, I, I. AYE. ALL THOSE OPPOSED? OPPOSED. MOTION. THE MOTION PASSES 3 TO 1. THREE, 3 TO 1. WE HAVE FIVE MEMBERS. THERE HAS FOUR, 4 TO 1. OKAY, JUST DOUBLE CHECKING. THANK YOU. OKAY. SO OUR NEXT ORDER OF BUSINESS, IT LOOKS LIKE IS T24-00003. THE REPEAL OF LAND DEVELOPMENT CODE ORDINANCE 2024 DASH 32. [00:30:03] GOOD EVENING. PLANNING AND ZONING BOARD. I'M SORRY. HOLD ON. I'M GETTING THERE. SO THE FIRST ITEM HERE IS THE REPEAL OF THE LAND DEVELOPMENT CODE IN ITS ENTIRETY. SO THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XV, ONE ONE LAND DEVELOPMENT CODE BY REPEALING THE LAND DEVELOPMENT CODE IN ITS ENTIRETY, PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. HEREWITH PROVIDING FOR THE DELETION FROM THE CITY OF PALM BAY, CODE OF ORDINANCES PROVIDING FOR SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SO WHAT THIS IS SAYING TO YOU AND TO THE AUDIENCE IS THAT WE HAVE AN EXISTING LAND DEVELOPMENT CODE. WE ARE REPEALING THE ENTIRE CODE BECAUSE WE HAVE UPDATED THE ENTIRE CODE. WE'VE MADE A LOT OF FORMATTING CHANGES, WE'VE TAKEN EXISTING LANGUAGE, AND OF COURSE, YOU KNOW, IT REMAINS, BUT WE'VE ADDED SOME NEW IDEAS AND THOUGHTS AND, AND MADE CHANGES IN COMPLIANCE WITH OUR COMPREHENSIVE PLAN THAT WAS UPDATED LAST YEAR AS WELL AS LISTENING TO THE DEVELOPMENT COMMUNITY AND THE RESIDENTIAL COMMUNITY ON WHAT THEY WANT TO SEE IN THEIR TOWN. SO THAT IS WHY WE HAVE TO REPEAL THE ENTIRE ORDINANCE OR THE ENTIRE, I'M SORRY, LAND DEVELOPMENT CODE AND ALL THE ORDINANCES ATTACHED TO THEM. AND WHAT I MEAN BY THAT IS YOU WOULD HAVE HAD AN ORDINANCE BACK IN, I DON'T KNOW, 1997 THAT ADDED SOME VERBIAGE IN THE LAND DEVELOPMENT CODE. THAT ORDINANCE IS NOW REPEALED. OKAY. SO WE'RE DOING IT ALL IN ONE BIG SWIPE. AND FOR ABOUT FIVE MINUTES WE WON'T HAVE A LAND DEVELOPMENT OKAY. BUT THEN THEN WE WILL THEN TAKE UP THE NEW LAND DEVELOPMENT CODE FOR YOUR DIGESTION AND INTERPRETATION. DOES THAT SOUND FAIR TO EVERYONE? ANY QUESTIONS OR COMMENTS? YEAH. JUST CLARIFICATION. YES, SIR. WE'RE GOING TO VOTE WHETHER TO REPEAL IT OR NOT. THEN WE'RE GOING TO HEAR THE PRESENTATION ON THE NEW CODE OR THAT IS CORRECT, SIR. WHAT IF THE NEW CODE GETS TABLED OR DOESN'T MOVE OR FAILS? WELL, THAT'S A THAT'S A GOOD QUESTION, MR. ATTORNEY. THEN WE WOULD WE WOULD NOT HAVE A HAVE A CODE. I MEAN, PRACTICALLY SPEAKING, WE CAN FLIP THE ITEMS BEFORE CITY COUNCIL AND HAVE IT ADOPTED. AND THEN THE SECOND PART REPEALED. SO IF ONE FAILS THEN THE OTHER MATTER CAN BE REMOVED FROM THE AGENDA. THAT'S PRACTICALLY SPEAKING. SO WHAT WOULD THAT CLARIFY WHAT THAT WOULD LOOK LIKE. SO INSTEAD OF IT ON THE AGENDA IT WOULD BE REPEAL ADOPT. SO IT'S BLOCK THE MICROPHONE AT CITY COUNCIL YOU WOULD HAVE ADOPT REPEAL OKAY. SO IF THE ADOPTION FAILS AND COUNCIL ELECTS NOT TO AMEND THE LAND DEVELOPMENT CODE, THEN THE SECOND MATTER WOULD BE PULLED FROM THE AGENDA AS BASICALLY MOOT. OKAY. OR WITHDRAWN. I MEAN, THAT'S THAT'S THE PRACTICAL NATURE OF IT. BUT MY QUESTION, IF I MAY, IS DEVIL'S ADVOCATE, HOW CAN YOU ADOPT A NEW LAND DEVELOPMENT CODE PRIOR TO REPEALING THE EXISTING LAND DEVELOPMENT CODE. I FEEL LIKE IT SHOULD BE ONE MOTION, LIKE, I DON'T KNOW WHY THERE'S TWO ITEMS. IT SHOULD BE JUST ONE MOTION REPEAL AND ADOPT A NEW ONE. THE IT BASICALLY COMES DOWN TO AN EASE, A AN EASE OF UNDERSTANDING, UNDERSTANDING OF THE MATTER. IF WE WERE TO HAVE IT ALL AS ONE, YOU WOULD BE LOOKING AT APPROXIMATELY A 600 PAGE DOCUMENT RIDDLED WITH STRIKETHROUGHS AND UNDERLINES AND MOVEMENTS AND AND IT WOULD BE PRACTICALLY INDECIPHERABLE. AND I'LL IN ALL HONESTY, LIKE WE GOT THAT LAST THURSDAY AND IT HAS BEEN PRACTICALLY UNDECIPHERABLE. SO WHAT. BUT BUT WHAT YOU HAVE IS A DOCUMENT THAT'S GOING TO BE ADOPTED AS AS YOU SEE IT NOW, WE WILL PROVIDE A OR DID WE PROVIDE ALSO THE FOR DEMONSTRATIVE PURPOSES, THE STRIKETHROUGH? YES. THERE WAS A STRIKETHROUGH AND UNDERLINE THAT WAS PROVIDED FOR DEMONSTRATIVE PURPOSES. IT'S BASICALLY AN EXHIBIT SO THAT YOU CAN ACTUALLY SEE THE MATTER. BUT WHAT WE'RE TALKING PRACTICALLY SPEAKING, WE'RE TALKING LIKE CHAPTER NUMBERS HAVE BEEN CHANGED. SO IF YOU HAD AS ONE YOU'RE LOOKING AT AN IDENTICAL POTION. LET'S SAY THAT'S FOR DISCUSSION PURPOSES. [00:35:03] WAS SECTION 170 902. WELL, THAT'S NOW GOING TO BE ONE 7004. BUT WE'VE GOT TO GET RID OF THE OLD 174 AND MOVE IT. SO YOU'RE LOOKING AT A LOT OF MOVING PARTS. SO DRAFT WISE USUALLY WHEN YOU HAVE SUCH A LARGE AMENDMENT OR A LARGE OVERHAUL, IT'S JUST MORE EFFICIENT AND CLEAR TO JUST REPEAL. AND IT'S BASICALLY REPEAL AND REPLACE. SO THINK OF IT AS A GIANT WORD PROCESSING FILE, AND YOU'RE JUST HIGHLIGHTING, DELETING AND CUTTING IT AWAY AND PUTTING IN YOUR NEW ONE THAT THAT WILL NOW HAVE YOUR YOUR NEW CHAPTERS, YOUR NEW LANGUAGE. SOME LANGUAGE ISN'T NECESSARILY NEW. IT'S JUST BEEN MOVED. SO IT MAKES IT FOR EASE OF CLARITY, BOTH FOR CITY COUNCIL, FOR YOU, FOR FOR YOU AS A BOARD AS WELL AS FOR THE PUBLIC. INSTEAD OF GOING MUDDLING THROUGH PAGES WHERE YOU'RE GOING TO HAVE THINGS THAT THERE ARE THINGS THAT HAVE BEEN MOVED FROM, I THINK 185 HAS MOVED UP TO 170 OR RENUMBERED. SO IF SOMEONE'S READING IT CHRONOLOGICALLY, YOU'RE LOOKING AT ADDITIONS IN 170 THAT ARE VERBATIM WERE LITERALLY JUST CUT AND PASTED UP AND THEN DELETED IN 185 AS OPPOSED TO, WELL, HERE'S A DOCUMENT, HERE'S A CLEAN VERSION. THIS IS WHAT IS GOING TO BE ADOPTED. HERE IS THE NEW LAND DEVELOPMENT CODE. AND AND THIS IS THE LANGUAGE THAT'S, THAT'S SET FOR ADOPTION. SO BUT PRACTICALLY SPEAKING, THE EASIEST THING AT CITY COUNCIL WOULD JUST BE TO FLIP FLIP THEM THE ITEMS ON THE AGENDA SO THAT YOU DON'T HAVE A REPEAL WITHOUT AN ADOPTION. IS THERE A TIME FRAME TO GET THIS FINISHED, TO GET THIS DONE? ARE WE WORKING LIKE FISCAL YEAR TIME FRAME TO HAVE IT ADOPTED PRIOR TO OCTOBER 1ST? MAINLY THAT'S BECAUSE ON OCTOBER 1ST, THE LEGISLATURE, IN THEIR INFINITE WISDOM HAS NOW IMPOSED THAT ALL LOCAL GOVERNMENTS HAVE TO INCLUDE AN ECONOMIC IMPACT STATEMENT FOR AMENDMENTS TO THEIR LAND DEVELOPMENT CODES THAT WERE INITIATED BY THE LOCAL GOVERNMENT. SO BASICALLY, IF THE CITY WILL DO A REZONING OR OTHER AMENDMENTS, A ECONOMIC IMPACT ANALYSIS, THERE HAS TO BE INCLUDED THAT WAS EXEMPT. THOSE WEREN'T INCLUDED. BUT THE LEGISLATURE IN THIS SESSION DECIDED TO REPEAL THAT EXCEPTION FOR LOCAL GOVERNMENTS AND NOW HAS HAS ADDED IT. SO IN ORDER TO MAKE THINGS A LITTLE MORE EFFICIENT, ESPECIALLY WITH A DOCUMENT THIS SIZE, WE'RE LOOKING AT TRYING TO HAVE THIS ADOPTED PRIOR TO THE THAT ADDED I WON'T CALL IT ONEROUS, BUT THAT ONEROUS REQUIREMENT THAT THE LEGISLATURE HAS IMPOSED IN THEIR LOCAL AND LOCAL GOVERNMENTS, IN THEIR INFINITE WISDOM, TO REMOVE LOCAL RULE ONE BRICK AT A TIME. BUT IN ADDITION, THE FLORIDA STATUTE HAS STATED FOR A LONG TIME IT HAS BEEN IN THE 166. SO IT'S IN HERE SOMEWHERE. THAT 163 I APOLOGIZE. 3202 IT'S IN YOUR STAFF REPORT THAT FLORIDA STATUTE STATES THAT WITH ONE WITHIN ONE YEAR OF YOUR UPDATE OF YOUR COMPREHENSIVE PLAN, WHICH WENT INTO ADOPTION, WENT INTO EFFECT, I BELIEVE WAS IN JULY OF 2023. WE HAD TO UPDATE OUR LAND DEVELOPMENT CODE TO COME INTO COMPLIANCE WITH THE COMPREHENSIVE PLAN. AND SO THAT'S WHAT WE'VE BEEN WORKING TOWARDS IS THAT ONE YEAR MARK WE'RE PRETTY CLOSE TO IT. THEY'RE NOT GOING TO COME AND FIND US OR ANYTHING, BUT IT IS. WE ARE IN COMPLIANCE WITH THE FLORIDA STATUTE, AND THAT IS THE MAIN COMPONENT ABOUT GETTING THIS DONE WITHIN THIS YEAR. AND ALL OF THIS IS IN THE PRESENTATION THAT'S COMING NEXT. SO WHAT I WOULD LIKE TO ASK THE ATTORNEY AND PERHAPS THIS BOARD IF YOU FEEL UNCOMFORTABLE PRIOR TO RECOMMENDING ADOPTION OR NOT. ADOPTION. WE CAN WE CHANGE THE AGENDA AT THIS LATE DATE? WELL, YEAH. YES, YOU CAN. YOU CAN VOTE TO SWAP THE MATTERS AND LISTEN TO THE ADOPTION PRIOR TO THE ITEM SWAP THREE AND TWO ON THIS AGENDA. YOU HAVE THAT PREROGATIVE. YOU CAN YOU CAN DO SO IF YOU WISH. YOU CAN ALSO HEAR THEM NOW AND ORDER AND VOTE FOR THEM IN IN REVERSE ORDER. YOU CAN VOTE FOR THREE FIRST AND THEN TWO THAT, THAT YOU CAN DO AS AS WELL. IT'S IT'S WE'RE FOLLOWING THE, THE TERMS OF THE AGENDA. ANOTHER ASPECT TO TO CLARIFY ON THE REPEAL, THERE ARE ALSO PORTIONS OF THE LAND DEVELOPMENT CODE AS IT EXISTS TODAY THAT INCLUDE MATTERS THAT ARE NOT LAND DEVELOPMENT RELATED. AND THOSE THOSE WILL NOT COME BEFORE YOU BECAUSE THEY'RE NOT WITHIN YOUR PURVIEW. BUT THERE ARE SECTIONS THAT THAT ARE NEW ORDINANCES AND NEW PROVISIONS OF THE CODE THAT ARE BEING ADOPTED, THAT ARE BEING MOVED OUT OF THE LAND DEVELOPMENT CODE INTO THE [00:40:01] CODE OF ORDINANCES. OFF THE TOP OF MY HEAD. AN EXAMPLE IS IT'S IN THE STAFF REPORT, TOO. OKAY. THE STAFF REPORT. THE STAFF REPORT INCLUDES THOSE ITEMS THAT ARE BEING MOVED. A LOT OF THEM ARE BUILDING CODE RELATED THAT GOT MOVED TO THE BUILDING CODE THAT WAS ALREADY DONE LAST YEAR. THE ADULT ENTERTAINMENT ORDINANCE THEN INCLUDED CERTAIN REGULATIONS INVOLVING PUBLIC NUDITY OR OBSCENITY. THOSE AREN'T LAND DEVELOPMENT MATTERS. THOSE ARE REGULATIONS. SO THOSE HAVE BEEN MOVED OUT. THE LANGUAGE REGARDING IMPACT FEES HAS BEEN MOVED FROM THE LAND DEVELOPMENT CODE TO THE FINANCE SECTION OF THE CODE. THERE ARE OTHER PORTIONS THAT HAVE BEEN MOVED TO THE UTILITIES CODE. SO THAT'S PART OF WHAT'S EFFECTUATED IN THE REPEAL THAT THERE ARE ALSO THOSE PARTS OF THE OLD LAND DEVELOPMENT CODE THAT HAVE BEEN CUT OUT AND THEN JUST MOVED AND BASICALLY RECREATED AS DIFFERENT SECTIONS WITHIN THE CODE OF ORDINANCES. OKAY. THOSE SECTIONS ARE IN YOUR STAFF REPORT UNDER THE NEXT ITEM. SO THANK YOU. SO WITH THAT IN MIND, WOULD THERE BE SOMEONE WHO WOULD BE WILLING TO MAKE A MOTION THAT WE CHANGE THESE SO WE CAN HEAR THE PRESENTATION? I HAVE A QUESTION. FIRST I KNOW MYSELF AND MR. BARTON OVER THERE WOULD LIKE TO KNOW THE REASONS WHY THIS WAS NECESSARY AND HOW IS IT GOING TO BENEFIT THE CITY AND ITS CITIZENS TO REPEAL AND REPLACE THE CODE? I YOU KNOW, I DIDN'T READ EVERY PAGE, BUT I KNOW I LOOKED AT EVERY PAGE AND IT'S A VERY EXHAUSTING EXPERIENCE, AND I DON'T THINK IN READING IT, I GOT A GOOD GRASP ON WHY IT WAS BEING DONE. AND WHAT'S THE BENEFIT TO THE CITY? IS IT JUST THAT WE WANT TO BE IN COMPLIANCE WITH THE STATE LAW, OR IS IT MAKING PROCESSES MORE STREAMLINED? IS IT REARRANGING ITEMS THAT ARE NOT SUPPOSED TO BE IN THE DEVELOPMENT CODE? SO I THINK THE PUBLIC, AND CERTAINLY ME, WOULD LIKE TO HEAR THE REASONS WHY THIS HERCULEAN PROJECT HAS BEEN UNDERTAKEN. THE PRIMARY BASIS IS CONSISTENCY WITH THE COMPREHENSIVE PLAN. IF YOU HAVE AN INCONSISTENCY, THAT'S IT'S A PROBLEM STATEWIDE AND YOU'RE LOOKING AT YOU, LOOKING AT YOU, YOU'RE LOOKING AT INCONSISTENCIES COULD RESULT IN DEVELOPMENTS BEING INCONSISTENT WITH THE COMPREHENSIVE PLAN. AND THE COURTS OF FLORIDA HAVE RULED YOU CAN'T PAY YOUR WAY OUT OF AN INCONSISTENCY. SO AND AND I HAVE SEEN IN OTHER JURISDICTIONS WHERE YOU'VE HAD COMP PLAN CHANGES AND INCONSISTENT LAND DEVELOPMENT CHANGES, WHERE IF CHANGES AREN'T MADE, YOU COULD HAVE ZONING THAT'S INCONSISTENT WITH WITH A FUTURE LAND USE MAP DESIGNATION, AND YOU WILL THEN RUN AFOUL OF STATE STATUTES. SO THE PRIMARY IS THAT THE THE COMPREHENSIVE PLAN WAS AMENDED FIRST, AND THEREFORE NOW IT IS IT IS A STATUTORY REQUIREMENT THAT WE BRING THE LAND DEVELOPMENT CODE IN COMPLIANCE AND AND INCONSISTENCY WITH THE ADOPTED COMPREHENSIVE PLAN. AND IF I MAY THEN EMPHASIZE, I BELIEVE ALL OF YOU WANT TO MOVE FORWARD WITH LOOKING AT THE PRESENTATION AND REALLY UNDERSTANDING ALL OF THE HARD WORK THAT MY STAFF AND OUR CONSULTANT HAS PUT INTO THIS FOR THE BENEFIT OF THE COMMUNITY AND THE DEVELOPMENT COMMUNITY. SO I'M GOING TO ENCOURAGE THIS BOARD TO POSSIBLY SWITCH THE ITEMS, AND WE CAN GO AHEAD AND MOVE ON WITH OUR WITH OUR PRESENTATION AND HELP YOU ALL WITH THOSE QUESTIONS, BECAUSE THEY'RE VALID QUESTIONS. THANK YOU. IS THERE ANYONE WHO WOULD LIKE TO MAKE THAT MOTION AND WE COULD VOTE ON IT? I'D LIKE TO MAKE THE MOTION TO SWITCH AGENDA ITEMS TWO AND THREE. MOVING TO T2 4-00004. AHEAD OF T2 400003. SECOND. THANK YOU. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION PASSES. WE CAN MOVE FORWARD WITH THE SECOND ITEM. GOOD EVENING. MY NAME IS PAT TESKEY. I'M WITH INSPIRE PLACEMAKING COLLECTIVE AND WE HAVE BEEN HELPING THE STAFF UPDATE THE LAND DEVELOPMENT CODE, AND I HAVE A PRESENTATION TO GO THROUGH. IT'S, IT'S A LITTLE LONG, BUT, YOU KNOW, AS YOU SAW FROM THE PACKET, THERE'S A LOT THAT WE NEED TO TALK ABOUT AND WE WANT TO MAKE SURE THAT EVERYBODY IS ON THE SAME PAGE IN TERMS OF WHAT WE'RE CHANGING. SO WE THE AGENDA FOR TODAY IS THE BACKGROUND. SO WHY ARE WE DOING THIS? HOW DO WE GET TO THIS POINT? THEN WE'RE GOING TO TALK ABOUT THE SCOPE. BUT WE WERE HIRED TO DO. THEN WE'RE GOING TO GO THROUGH THE MAJOR CHANGES. AND THIS IS THE BULK OF THE PRESENTATION. WE'RE GOING TO GO CHAPTER BY CHAPTER. AND I'M GOING TO EXPLAIN TO YOU WHAT WAS CHANGED AND WHY. AND THEN WE'RE GOING TO TALK ABOUT THE NEXT STEPS. [00:45:01] SO THE BACKGROUND AND WE HEARD LISA AND MICHAEL TALK ABOUT THIS A LITTLE BIT ALREADY. SO THE CITY UPDATED THE COMPREHENSIVE PLAN LAST YEAR. IT BECAME EFFECTIVE IN JULY. AND THE STATUTES STATE THAT ONCE YOU ADOPT AN UPDATE OF TO THE COMPREHENSIVE PLAN, YOU HAVE ONE YEAR TO FIX YOUR LAND DEVELOPMENT CODE TO MAKE IT CONSISTENT. SO THAT WAS ONE OF THE REASONS WHY WE WERE DOING THIS. THE MAIN REASON. BUT THEN COMMUNICATING WITH STAFF AND FINDING OUT THAT, YOU KNOW, THERE ARE OTHER THINGS IN THE LAND DEVELOPMENT CODE THAT WE NEED TO TO FIX. WE DECIDED THAT WE SHOULD LOOK AT REORGANIZING IT BECAUSE THE WAY IT IS ORGANIZED TODAY, IT'S REALLY HARD TO FIND WHAT YOU'RE LOOKING FOR. SO WE THOUGHT MIGHT AS WELL REORGANIZE IT AND MAKE IT USER FRIENDLY. THEN THE NUMBER TWO ITEM WAS IMPLEMENT THE COMPREHENSIVE PLAN CHANGES INTO THE LAND DEVELOPMENT CODE. AND THE LAST ITEM WAS WE'RE GOING TO HAVE IT OPEN. MIGHT AS WELL UPDATE ANYTHING THAT IS OUTDATED. CROSS REFERENCES REFERENCES TO THE STATUTES, CHANGES THAT AGENCIES HAVE MADE. SO IT WAS AN OPPORTUNITY TO TO GET INTO THAT. SO THIS IS THE SCHEDULE IN A VERY ABBREVIATED FORM. SO WE STARTED WORKING ON THE LAND DEVELOPMENT CODE BACK IN APRIL WHEN WE WERE STILL WORKING ON THE COMPREHENSIVE PLAN, BUT WE THOUGHT WE ONLY HAVE A YEAR. LET'S GET IT STARTED. SO WE HAD A KICKOFF MEETING ON APRIL 23RD. THEN WE HAD THE FIRST DRAFT READY IN JULY. IT WAS DISTRIBUTED TO STAFF AND THEN WE STARTED CONVERSATIONS WITH STAFF. LET'S MOVE THIS HERE, LET'S CHANGE THAT THERE. BUT THEN IF YOU REMEMBER, THERE WAS HIGH TURNOVER IN THE STAFF IN THE GROWTH MANAGEMENT DEPARTMENT. SO WE LOST THE PEOPLE THAT WE WERE COMMUNICATING WITH. LISA CAME IN WITH HER TEAM AND THEY'RE TRYING TO UNDERSTAND WHY ARE WE CHANGING THIS. SO IT WAS WE HAD A LOT OF BACK AND FORTH WITH STAFF TRYING TO BRING THEM UP TO SPEED ON WHAT WE WERE CHANGING. AND THEN EXACTLY THE DAY WHEN WE HAD THE PUBLIC WORKSHOP, WHEN WE WERE UNVEILING THE PLAN, THAT'S WHEN I MET LISA AND MET MICHAEL AND THE NEW TEAM. AND AT THAT POINT, WE SHOULD HAVE BEEN DONE SHORTLY AFTER THAT, THIS WAS SEPTEMBER. WE HAD THE PUBLIC WORKSHOP. IT WAS ADVERTISED. THE CITY SENT A LOT OF EMAILS. UNFORTUNATELY, WE ONLY HAD ONE PERSON COME TO THE WORKSHOP. IT WAS BUILT. IT WAS A RAINY DAY. IT WAS A REGULAR WEEKDAY, BUT HE WAS THE ONLY ONE WHO SHOWED UP. WE STILL DID THE PRESENTATION. IT WAS UPLOADED TO THE CITY'S WEBSITE. ANYBODY COULD HAVE GONE IN AND LISTENED TO IT. THEN THE FOLLOWING WEEK OR THE FOLLOWING MONTH, WE HAD STAKEHOLDER MEETINGS. SO WE INVITED SOME SPECIFIC PEOPLE FROM THE COMMUNITY THAT WE KNOW ARE INVOLVED IN DEVELOPMENT REAL ESTATE, THAT WE KNOW THEY NEEDED TO KNOW ABOUT THIS. SO WE HELD THREE SESSIONS. THEY WERE ONLINE. SO IT WAS EASIER, YOU KNOW, DIFFERENT TIMES OF DAY AND, YOU KNOW, THEY COULD DO IT FROM THEIR THEIR OFFICES OR THEIR HOMES. WE HAD ABOUT 6 OR 7 PEOPLE IN THE FIRST ONE, ABOUT THE SAME AMOUNT AT THE SECOND ONE, AND WE HAD 1 OR 2 IN THE THIRD ONE. SO WE TRIED, WE TRIED SO AFTER THAT PUBLIC WORKSHOP WE WORKED WITH STAFF, ACCOMMODATED SOME OF THE COMMENTS THAT WE HEARD FROM THOSE WORK SESSIONS. AND WE ISSUED THE ADOPTION DRAFT IN JULY JUST RECENTLY. NOW WHERE WE ARE NOW IS IN THE ADOPTION PROCESS. SO THE IDEA IS TO PRESENT THIS TO THIS BOARD TODAY, GO TO CITY COUNCIL TOMORROW FOR FIRST READING, AND THEN SECOND READING WOULD HAPPEN IN SEPTEMBER. SO I TALKED ABOUT THE ORGANIZATION OF THE CODE. SO THAT LIST THAT YOU SEE OVER THERE IS HOW YOUR CODE IS ORGANIZED TODAY. SO WHEN YOU LOOK AT, YOU KNOW, IT STARTS WITH ARTICLE NUMBER ONE, LAND DEVELOPMENT CODE. WELL THAT'S WHERE YOU WOULD EXPECT TO BE FINDING EVERYTHING RELATED TO THE CODE, BUT NOT REALLY, BECAUSE IF YOU GO TO A FEW DOWN YOU FIND THAT FLOODPLAIN MANAGEMENT IS 174. THEN THERE'S FIRE PREVENTION, WHICH DOES NOT BELONG IN THE LAND DEVELOPMENT CODE. YOU KEEP GOING DOWN WATER SYSTEMS, YOU KNOW. WHAT DOES THAT SAY TO A DEVELOPER? YOU KNOW, SO WHEN YOU'RE A DEVELOPER, YOU WANT TO DEVELOP IN THE CITY. SO, LIKE, WHAT ARE MY ZONING STANDARDS? NUMBER ONE, WHAT ARE THE PROCEDURES THAT I HAVE TO FOLLOW IF I'M DOING A SUBDIVISION? WHAT ARE THE DESIGN REQUIREMENTS FOR A SUBDIVISION? SO WE WANTED TO ORGANIZE THE CODE IN A MORE LOGICAL MANNER. SO THIS IS THE OUTLINE THAT WE PROPOSED. YOU START WITH THE GENERAL PROVISIONS CHAPTER THAT SAYS HEREBY WE ARE ESTABLISHING THE LAND DEVELOPMENT CODE. THAT CHAPTER ORIGINALLY TALKED ABOUT THE INDIVIDUAL CHAPTER. WE'RE ESTABLISHING THIS CHAPTER. IT'S LIKE, WHAT ABOUT THE REST OF THE CODE? SO WE DID CHANGE THE WORDING TO MAKE THAT LIKE THE INTRODUCTION TO THE LAND DEVELOPMENT CODE. THEN CHAPTER NUMBER 2 OR 171 DEFINITIONS. IN YOUR CURRENT CODE YOU HAVE DEFINITIONS ALL OVER THE PLACE. DIFFERENT CHAPTERS HAVE DIFFERENT DEFINITIONS. AND IF YOU'RE LOOKING AT THE CONTENT AND YOU DECIDE TO GO LOOK FOR A DEFINITION IN THE CODE, IT'S LIKE, WELL, WHICH CHAPTER DO I GO TO? [00:50:04] DO I LOOK AT THE DEFINITION THAT IS UNDER SCIENCE, OR DO I LOOK AT THE DEFINITION THAT IS UNDER ZONING? SO WE DECIDED LET'S PUT ALL THE DEFINITIONS IN ONE PLACE SO PEOPLE CAN FIND THEM EASIER. SOMETIMES PEOPLE SAY WHY SHOULDN'T THAT? SHOULDN'T THAT BE YOUR LAST CHAPTER? WE'D LIKE TO KEEP IT AT NUMBER TWO SO IT DOESN'T MOVE BECAUSE YOUR CODE COULD GROW. YOU COULD ADD CHAPTERS TO IT, BUT WE WANT THE DEFINITIONS TO STAY IN THE SAME PLACE. THEN WE GO INTO THE THIRD CHAPTER. THAT'S ANYTHING AND EVERYTHING THAT YOU WOULD WANT TO KNOW ABOUT PROCESS AND PROCEDURES. WHO ARE THE APPROVING AUTHORITIES? WHO IS, YOU KNOW, THE PLANNING AND ZONING? WHAT ABOUT CITY COUNCIL? WHAT ARE THE RESPONSIBILITIES? NOW I HAVE AN ANNEXATION OR MAYBE A CODE AMENDMENT, OR MAYBE I HAVE A CONDITIONAL USE PERMIT, MAYBE A VARIANCE. THAT'S WHERE I GO TO SEE WHAT THE PROCESS IS. THEN WE GO INTO THE ZONING CHAPTER. THIS IS WHERE IT USES SETBACKS ARE STATED. THEN WE HAVE ANOTHER CHAPTER THAT TALKS ABOUT SPECIFIC STANDARDS FOR USES TEMPORARY ACCESSORY OR JUST REGULAR USES. THEN TREE PROTECTION AND LANDSCAPING. THEN WE GO INTO STREETS, PARKING AND LOADING. THEN WE GO INTO THE SUBDIVISION DESIGN NOT PROCESS. THIS TIME IT'S DESIGN AND SITE DESIGN. THEN WE GO INTO THE SIGN CODE. THEN NATURAL RESOURCES. AND THE LAST ONE THAT WE HAVE HERE IS ADULT ENTERTAINMENT. THERE WAS SOME GOING BACK AND FORTH ON WHETHER THAT SHOULD MOVE TO THE CODE OF ORDINANCES, BUT STAFF PREFERRED TO KEEP IT HERE. WE PUT WE MOVED THE PUBLIC NUDITY TO CODE OF ORDINANCES, BUT WE KEPT THIS ONE HERE. SO WHAT I'M GOING TO DO NOW IS I'M GOING TO GO THROUGH, WELL, ACTUALLY, I HAVE ONE MORE SLIDE THAT I WANT TO TALK ABOUT. SO REMEMBER I MENTIONED THAT OUR MAIN TASK WAS TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN. SO WE CREATED A LIST OF THOSE POLICIES FROM THE COMPREHENSIVE PLAN THAT HAD ANYTHING TO DO WITH THE CODE. SO THAT WAS LIKE THE INSTRUCTIONS. SO WE FOUND, FOR EXAMPLE, A POLICY IN THE HOUSING ELEMENT THAT SAID, CONSIDER OFFERING DEVELOPMENT BONUSES TO DEVELOPERS WHO PROVIDE AFFORDABLE HOUSING UNITS IN SINGLE FAMILY SUBDIVISIONS EXCEEDING 25 UNITS. SO WE SAID WE WILL PROPOSE SOME LANGUAGE. THE STAFF RESPONSE SAID, AWESOME, LET'S DO THAT. BUT REMEMBER, WE ALSO HAVE SOMETHING ALREADY IN THE CODE RELATED TO THAT. SO OUR ACTION WAS LET'S PUT ALL THOSE INCENTIVES AND BONUSES IN ONE PLACE SO PEOPLE CAN FIND THEM EASIER. SO THAT WAS KIND OF LIKE OUR BLUEPRINT ON HOW WE WERE GOING TO APPROACH THIS. SO IN GENERAL, AFTER WE HAD YOU KNOW, REVIEWED THE COMPREHENSIVE PLAN AND TALKED WITH STAFF, WE FIGURED OUT, OKAY, THERE ARE LIKE FOUR DIFFERENT TYPES OF CHANGES THAT WE'RE GOING TO MAKE. THE FIRST ONE HAS TO DO WITH INTERNAL INCONSISTENCIES BECAUSE AND THIS IS NOT JUST UNIQUE OF THE CITY OF PALM BAY, IT HAPPENS EVERYWHERE. THE CODE THE CODE WAS OLD. EVERY YEAR. YOU AMEND IT, ADD THINGS TO IT. AND SOMETIMES WE DON'T REALIZE THAT THERE WAS SOMETHING SIMILAR IN A DIFFERENT CHAPTER. NOW WE HAVE TWO PROVISIONS THAT ADDRESS THE SAME THING, BUT SAY DIFFERENT REQUIREMENTS OR THE CROSS-REFERENCES DON'T GET UPDATED. SOMETIMES YOU REPEAL A SECTION, BUT THERE WAS A REFERENCE TO IT SOMEWHERE ELSE. NOW YOU'RE LEFT HANGING CIRCULAR REFERENCE. THERE'S NO WAY TO FIND IT. SO THAT WAS ONE ASPECT OF IT. ANOTHER ONE WAS EXTERNAL CROSS-REFERENCES. SO STATE STATUTES, FLORIDA ADMINISTRATIVE CODE, YOU KNOW, OTHER AGENCIES, THEY ALSO CHANGED THEIR CODE. SO WE NEEDED TO MAKE SURE THAT WE WERE CONSISTENT. ANOTHER ONE WAS WHAT MICHAEL MENTIONED. AS WE LOOK THROUGH THE LAND DEVELOPMENT CODE, WE FOUND A LOT OF STUFF THAT DIDN'T BELONG THERE. SO WE CREATED A DOCUMENT AND WE SAID, THESE ARE THE SECTIONS THAT WE WOULD LIKE TO MOVE OUT OF THE LDC. AT THAT POINT, IT WAS LIKE, IT DOESN'T MATTER WHERE THEY GO. WE'LL TALK ABOUT IT LATER, BUT THEY DON'T BELONG IN HERE. SO LATER ON WE MET WITH STAFF, PUBLIC WORKS, GROWTH MANAGEMENT, ATTORNEY'S OFFICE, AND WE FIGURED OUT WHERE THEY SHOULD GO. SOME TO OTHER TITLES OF THE CODE OF ORDINANCES, SOME TO THE PUBLIC WORKS MANUAL, AND SOME JUST NEEDED TO BE REPEALED. AND THEN AS WE WERE GOING THROUGH THE PROCESS STAFF WAS ALSO CONCERNED ABOUT SOME SECTIONS OF THE CODE THAT NEEDED TO BE UPDATED, AND THEY HAD BEEN WAITING FOR A LONG TIME TO UPDATE THESE SECTIONS, AND THEY FELT MAYBE THIS WAS THE TIME TO DO IT. AND THEY ASKED US, YOU KNOW, CAN WE WORK WITH YOU? WE GIVE YOU THE DRAFT AND THEN YOU JUST INSERT IT INTO THE CODE. FOR EXAMPLE, THE SUBDIVISIONS IF YOU'RE INVOLVED. JUST RECENTLY, STAFF WENT THROUGH THE WHOLE UPDATE OF THE SUBDIVISION CHAPTER. THEY GAVE IT TO US, WE PUT IT IN. SO IT WAS AN OPPORTUNITY TO DO ALL THESE CHANGES AT THE SAME TIME. SO NOW LET'S GO THROUGH THE MAJOR CHANGES. AND THIS YOU KNOW, WE'RE GOING TO GO CHAPTER BY CHAPTER. IF YOU WANT TO STOP ME AT ANY POINT TO ASK A QUESTION, FEEL FREE TO DO THAT. SO THIS IS THE LIST OF CHAPTERS WHICH I ALREADY BRIEFLY TALKED ABOUT THEM. THE ONLY THING I WANT TO MENTION HERE IS THAT FOR ALL CHAPTERS, WE UPDATED THE CROSS REFERENCES AND WE UPDATED THE FORMATTING. AND ANY TIME THAT THERE WAS A DEPARTMENT MENTIONED, FOR EXAMPLE, THE GROWTH MANAGEMENT OR, YOU KNOW, THE ZONING OR WHATEVER. [00:55:02] WE CHANGED THAT TO CITY MANAGER OR DESIGNEE, BECAUSE WHAT HAPPENS IS THAT OVER TIME, THE NAMES OF THE DEPARTMENTS CHANGE, AND WE DON'T WANT TO HAVE TO UPDATE THE CODE EVERY SINGLE TIME. SO WE DECIDED THAT THE CITY MANAGER IS THE PERSON WHO WILL DECIDE WHO IS RESPONSIBLE FOR WHATEVER SECTION OF THE CODE. SO BY REFERRING TO THAT PERSON, IT WOULD BE SAVING CHANGES IN THE FUTURE. I HAVE A QUESTION. YEAH. THANK YOU. THIS QUESTION, WOULD YOU BE ABLE TO CLARIFY THE MAJOR CHANGES AS THIS IS THE MINIMUM REQUIREMENT FOR THE FOR THE STATE AND THIS IS WHAT'S BEEN ADDED. THAT'S NEW. THAT'S WHAT WE'RE GOING TO DO NOW ONE BY ONE. THAT'S NOT THIS NEW ITEMS THAT AREN'T REQUIRED BUT THEY'RE JUST NEW. YES. BE HELPFUL. EXACTLY. THANK YOU. OKAY. SO CHAPTER 170. SO THIS IS THE CHAPTER THAT I WAS STATING THAT IT'S SUPPOSED TO BE THE INTRODUCTORY CHAPTER TO THE LAND DEVELOPMENT CODE. WE DIDN'T MAKE A LOT OF SUBSTANTIAL CHANGES, EXCEPT THAT WE REPURPOSED THE CHAPTER TO BE THE INTRODUCTION TO THE CODE. SO WHENEVER IT SAYS IF YOU FAIL TO ABIDE BY THE STANDARDS OF THIS CHAPTER, IT SHOULDN'T BE THIS CHAPTER, IT SHOULD BE THIS LAND DEVELOPMENT CODE. SO NOW IT'S ANYTHING THAT HAPPENS WITHIN THE WHOLE TITLE. 17. IT'S CONSOLIDATED AS A LAND DEVELOPMENT CODE, NOT JUST THIS CHAPTER. SO ANY CHANGES THAT WE MADE HERE ARE MOSTLY COSMETIC AND MOSTLY JUST REFERRING TO THE ENTIRE CODE, NOT JUST THE CHAPTER. SO NOTHING HERE THAT I WOULD SAY WAS A SUBSTANTIAL CHANGE. DEFINITIONS. SO IN THE DEFINITIONS CHAPTER THE SUBSECTIONS ARE DEFINITIONS AND THEN ACRONYMS AND ABBREVIATIONS. BECAUSE AS PLANNERS, YOU KNOW THAT WE ARE SO USED TO USING ALL THESE DRY POD PDFS. SO IT'S A LOT EASIER WHEN YOU HAVE A LIST OF THOSE AND PEOPLE CAN REFER TO THEM. SO SOME OF THE CHANGES THAT WE MADE TO THESE CHAPTERS, NUMBER ONE, WE CONSOLIDATED ALL THE DEFINITIONS THAT WERE IN THE DIFFERENT CHAPTERS IN ONE PLACE. AND THEN WHEN WE DID THAT, AND THIS IS WHAT MICHAEL WAS SAYING, THAT IF WE HAD USED STRIKETHROUGH AND UNDERLINE, IT WOULD HAVE BEEN REALLY DIFFICULT TO SEE HOW YOU CHANGED THE DEFINITION, BECAUSE WHEN YOU BROUGHT IT FROM SOMEWHERE ELSE, IT WOULD LOOK AS NEW, BUT IT WASN'T NEW. SO WHAT WE DID WITHOUT TRACKING CHANGES, WE MOVED ALL THE DEFINITIONS HERE, AND THEN WE TURNED IT ON SO YOU CAN SEE WHAT WE CHANGED. AND THAT'S THE CRAZY DRAFT THAT YOU GOT WITH THE BLUE AND RED. SO WE CONSOLIDATED THEM, AND WHEN WE REALIZED THAT WE HAD THREE DEFINITIONS OF, LET'S SAY DEVELOPMENT, WE REALIZED, NO, LET'S CONSOLIDATE THEM. IN SOME CASES, WE NEEDED TO KEEP ONE AS A DIFFERENT DEFINITION, BECAUSE MAYBE FLOODPLAIN ORDINANCE, YOU KNOW, REFERS TO IT AS IN A DIFFERENT CONTEXT. SO WE SPECIFIED FOR THE PURPOSES OF THE FLOODPLAIN ORDINANCE, WE, YOU KNOW, DEVELOPMENT IS DEFINED AS. AND THEN WE KEPT BOTH WE UPDATED ANYTHING THAT NEEDED TO BE CONSISTENT WITH THE STATE STATUTES. THINGS LIKE CONGREGATE LIVING FACILITIES ARE NOW ADULT LIVING FACILITIES OR THE DEFINITION OF ALCOHOLIC BEVERAGES. YOU KNOW, IT'S LIKE WE RELY ON A LOT OF THESE STATUTORY DEFINITIONS. SO WE MADE SURE THAT WE MADE THAT CLEAR. SOMETIMES IN YOUR CURRENT CODE, YOU'RE READING A DEFINITION, AND ALL OF A SUDDEN IT STARTS TALKING ABOUT FEET AND PERCENTAGES. AND YOU SHALL DO THIS. YOU SHALL DO THAT TO US. THAT'S A STANDARD. THAT'S NOT A DEFINITION. SO IF IT IS A STANDARD, IT NEEDS TO GO IN THE APPROPRIATE CHAPTER. SO WE TOOK EXTRACTED ANY STANDARDS THAT WE FOUND IN THE DEFINITIONS TO THE APPROPRIATE CHAPTER. FOR EXAMPLE THE ACCESSORY DWELLING UNITS WHEN WE READ THE DEFINITION, IT SPELLED OUT THE STANDARDS. SO WE SAID NO, THAT NEEDS TO GO TO CHAPTER 174. AND THEN WE DELETED DEFINITIONS. IF WE FOUND THAT THAT TERM WAS NOT USED ANYWHERE IN THE LAND DEVELOPMENT CODE. AND IT'S CONSISTENT WITH WHAT I WAS SAYING EARLIER, THAT MAYBE THEY DELETED A SECTION AND FORGOT TO DELETE THE DEFINITIONS THAT WENT WITH IT. SO IF THEY ARE JUST, YOU KNOW, USING UP SPACE AND THEY'RE NOT NEEDED OUT, WE TOOK THEM OUT AND THEN WE ADDED A BUNCH OF NEW DEFINITIONS. AND IT HELPS WHEN YOU HAVE DEFINITIONS. SOMETIMES STAFF STRUGGLES WITH SOMEBODY CLAIMING, YOU KNOW, ACCESSORY DOESN'T MEAN THAT ACCESSORY MEANS THIS. YOU KNOW, LET'S CHECK THE DICTIONARY. WELL, NO, LET'S JUST PUT THE DEFINITION IN THE CODE SO WE HAVE A LONG LIST THERE. THERE ARE MORE NEW DEFINITIONS THAN WHAT WE HAVE LISTED ON THIS SLIDE. BUT THOSE TYPICALLY, YOU KNOW, ARE IN THE BLUE IN THE TRACK CHANGES DRAFT THAT YOU HAVE. JUST A FEW EXAMPLES. BREWPUBS. THAT'S SOMETHING THAT, YOU KNOW, MANY COMMUNITIES ARE GETTING. WE DIDN'T HAVE THAT DEFINED CRITICAL ROOT ZONE. THE LANDSCAPING CHAPTER WAS CHANGED, AND NOW IT'S A NEW TERM THAT WE'RE USING. EMERGENCY STORM SHELTER. THIS CAME FROM THE COMPREHENSIVE PLAN THAT WE NEEDED TO INCENTIVIZE THE PROVISION OF THOSE. SO WE NEEDED TO DEFINE WHAT THEY ARE. FAMILY DAYCARE HOME. THAT'S SOMETHING THAT WAS NOT DEFINED BEFORE FLAG LOT. [01:00:02] SOMETHING AS SIMPLE AS THAT WAS NOT DEFINED BEFORE IN THE CODE. AND WE NEED TO HAVE A DEFINITION THAT EXPLAINS WHAT THAT IS. SO THERE ARE A BUNCH OF NEW DEFINITIONS THAT WE ARE ADDING. LET'S MOVE TO THE NEXT CHAPTER. AND THIS IS YOUR DEVELOPMENT REVIEW PROCEDURES CHAPTER. SO LIKE WHAT I MENTIONED EARLIER THIS IS WHERE YOU HAVE EVERYTHING YOU NEED TO KNOW TO SUBMIT AN APPLICATION TO THE CITY. THE WAY WE ORGANIZED IT NUMBER ONE IS APPLICABILITY. WHO NEEDS TO USE THIS CHAPTER IF IT IS JUST A SINGLE FAMILY HOME BUILDING PERMIT? NO, YOU DON'T NEED TO BE HERE. YOUR BUILDING CODE, IT'S SOMEWHERE ELSE. BUT IF YOU'RE CHANGING THE CODE OR IF YOU NEED A VARIANCE, OR IF YOU NEED A REZONING, THIS IS WHERE YOU NEED TO BE. WE HAVE NOW A SECTION WITH GENERAL PROCEDURES. AND THESE ARE ITEMS THAT ARE COMMON FOR ANY APPLICATION THAT YOU SUBMIT. THREE APPS. YOU KNOW ALL THREE APPS ARE THE SAME. IT DOESN'T MATTER IF IT IS, YOU KNOW, ONE APPLICATION TYPE OR A DIFFERENT ONE. HEARINGS. THE STANDARDS FOR HEARINGS ARE ALL THE SAME, SO WHY NOT PUT THEM JUST IN ONE PLACE? JUST BY DOING THIS, WE WERE ABLE TO ELIMINATE A LOT OF PAGES. I MEAN, JUST IN GENERAL TERMS OUT OF DEPENDING ON WHICH FORMAT YOU LOOK AT. BUT THE FORMAT THAT WE WERE USING, WE HAD 571 PAGES. WE REDUCED IT BY 200 PAGES. AND IT'S, YOU KNOW, WITH ALL THESE CHANGES THAT I'M MENTIONING HERE THE NEXT SECTION, IT'S CALLED APPLICATION TYPES. SO THIS IS WHERE YOU GO TO LEARN HOW TO HOW DO I DO AN ANNEXATION PLAN AMENDMENT REZONE CODE AMENDMENT, SITE PLAN, CONDITIONAL USE VARIANCE OR MASTER PLAN. SO THOSE WERE THE ONES THAT WE COULD CONSOLIDATE IN ONE PART OF THIS CHAPTER. AND WHEN YOU GO IN, WE TRY TO MAKE SURE THAT THEY ARE CONSISTENT. SO THEY ALL HAVE PURPOSE. WHEN DO I APPLY FOR A VARIANCE OR WHY DO I HAVE TO APPLY FOR A CONDITIONAL USE. THEN SUBMITTAL REQUIREMENTS. SO WHY DO I SUBMIT TO GET THIS APPROVED. THEN THE REVIEW PROCESS. DOES IT GO TO THIS BOARD OR THAT BOARD. AND YOU KNOW TALK ABOUT THIS A LITTLE BIT MORE LATER. NOW, THE ONES THAT ARE MORE COMPLICATED, WE KEPT THEM AS AS SEPARATE PARTS. FOR EXAMPLE, IF YOU WANT A ZONING MAP AMENDMENT TO PUD, YOU HAVE REVIEWED PLENTY OF THOSE. YOU KNOW THAT THOSE ARE MORE COMPLICATED. THEY NEEDED THEIR OWN WHOLE SECTION. SO REZONING MAPS, ZONING MAP AMENDMENTS TO PUT THE OTHER ONE IS ZONING MAP AMENDMENTS TO THE PUD. THE REGIONAL ACTIVITY CENTER IS A SPECIAL AREA THAT YOU HAVE IN THE CITY. THE COMPREHENSIVE PLAN KEPT IT BY ITSELF, SO IT DESERVED ITS OWN PART IN THIS CHAPTER. THEN WE GO INTO THE SUBDIVISION SECTION, AND THIS IS THE ONE THAT WAS JUST REWRITTEN BY STAFF, AND WE INSERTED IT INTO HERE. THEN WE HAVE A SECTION ON VACATING PLOTS AND RIGHTS OF WAY. THE CONCURRENCY MANAGEMENT SYSTEM. IT'S ALSO YOU KNOW, IT BELONGS HERE. AND WE KEPT IT IN THIS CHAPTER. WE HAVE A SECTION ON DEVELOPMENT AGREEMENTS, WHICH IS I BELIEVE THAT ONE IS NEW. AND THEN WE HAVE THE SAME PROPORTIONATE, FAIR SHARE TRANSPORTATION SECTION THAT YOU ALREADY HAD. SO IN TERMS OF CHANGES TO THIS CHAPTER. SO THE FIRST ONE IS WE CREATED A TABLE WHICH IS REALLY HANDY. IF ANYBODY WANTS TO KNOW IN A ONE STOP PLACE WHAT TO DO AND HOW TO DO IT, AND I'M GOING TO SHOW THE TABLE RIGHT NOW. SO FOR EXAMPLE, WHEN YOU LOOK AT THIS TABLE NUMBER ONE, IT GIVES YOU THE SECTION WHERE YOU HAVE TO GO TO FIND OUT SUBMITTAL REQUIREMENTS, REVIEW CRITERIA AND ALL THAT. NEXT IT LETS YOU KNOW IF IT IS A LEGISLATIVE, QUASI JUDICIAL OR ADMINISTRATIVE TYPE OF APPLICATION. THE NEXT IT TELLS YOU DO I NEED A PREAMP? DO I NEED REVIEW BY GROWTH MANAGEMENT? DO I NEED TO GO TO THE PLANNING AND ZONING COMMISSION OR BOARD? DO I NEED TO GO TO CITY COUNCIL. SO IF IT SAYS YES, YOU GO ALL THE WAY DOWN TO SEE WHERE IT SAYS NO, AND THEN YOU REALIZE, OKAY, THAT'S THAT'S WHERE IT STOPS. SO IF I'M DOING, FOR EXAMPLE, A SITE PLAN, IT STOPS AT GROWTH MANAGEMENT. IT DOESN'T GO TO P AND Z, IT DOESN'T GO TO CITY COUNCIL. THIS IS EASIER TO UNDERSTAND HOW THIS WORKS THEN WHAT WE HAVE TODAY. I'M GOING TO GO BACK. SO WE ADDED SECTION EXPLAINING THE PRE-AP MEETINGS HOW TO SUBMIT. WE CONSOLIDATED THE APPEAL PROVISIONS. RIGHT NOW IN THE CODE, YOU HAVE APPEALS IN DIFFERENT PLACES, AND SOMETIMES THEY SAY DIFFERENT THINGS. SO THERE ARE ONLY TWO TYPES OF APPEALS. IF YOU'RE APPEALING A STAFF DECISION OR IF YOU'RE YOU'RE APPEALING A BOARD DECISION. SO IT'S IN ONE PLACE. ANNEXATIONS. WE DIDN'T HAVE ANYTHING IN THE CODE THAT EXPLAINED HOW TO DO AN ANNEXATION, AND WE DIDN'T PUT A LOT ABOUT IT. WE JUST REFERRED TO THE STATUTE, BUT AT LEAST THE PERSON LOOKING FOR THE INFORMATION CAN GO AND SAY, OH, I JUST GO TO THAT SECTION IN THE STATUTES. SO IT'S TRYING TO BE USER FRIENDLY. THE COMPREHENSIVE PLAN AMENDMENT SECTION IN THE CODE TODAY IS EXTREMELY LONG. EXTREMELY LONG. AND GROWTH MANAGEMENT LAWS HAVE CHANGED. THE PROCESS HAS CHANGED. SO WE CONSOLIDATED THAT STREAMLINED IT. [01:05:01] APPROPRIATE REFERENCES TO THE STATUTES. SO IT'S A LOT EASIER TO UNDERSTAND UNDERSTAND NOW. NOW YOU HAVE BEEN FACED WITH APPLICATIONS THAT COME TO YOU AND YOU'RE LOOKING FOR WHAT IS THE CRITERIA THAT I HAVE TO LOOK AT IN ORDER TO DECIDE IF IF IT IS SOMETHING THAT I SHOULD APPROVE OR NOT? WHEN YOU DO A VARIANCE, YOU KNOW, YOU SHOULD HAVE CRITERIA. THAT'S THE CREATIVE. IS IT DUE TO A HARDSHIP? ARE WE GOING TO SET A PRECEDENT? IS IT GOING TO BE WHAT DO YOU CALL THAT CONTROL? NOT CONTROVERSIAL, BUT A NEGATIVE IMPACT ON THE NEIGHBORHOOD. SO WE MADE SURE THAT FOR EVERY APPLICATION TYPE YOU'RE GOING TO HAVE REVIEW CRITERIA. SO IT'S GOING TO BE A LOT EASIER TO MAKE DECISIONS. AND THIS IS SOMETHING THAT IS NEW. BUT IT MADE SENSE TO TO HAVE THAT FOR NOT JUST THE PLANNING AND ZONING BOARD BUT ALSO FOR CITY COUNCIL. WE FOUND SOME STANDARDS IN THIS CHAPTER THAT WE MOVED TO A DIFFERENT CHAPTER. THE VARIANCE SECTION. SO THIS IS ONE OF THOSE WHERE STAFF SAID, NOW THAT WE'RE UPDATING THE CODE, LET'S UPDATE THAT BECAUSE IT'S NOT MAKING MUCH SENSE. SO THE CITY ATTORNEY'S OFFICE GAVE US THE LANGUAGE AND WE PUT IT IN. AND NOW WE HAVE A CLEAR EXPLANATION OF HOW TO REVIEW VARIANCES. WE HAVE A SECTION TODAY IN THE CODE THAT TALKS ABOUT PLANNED INDUSTRIAL. IT'S A PROVISION THAT HAS NEVER BEEN USED. NOBODY USES IT. NOBODY NEEDS IT. SO WE TOOK IT OUT. YOU KNOW THAT THE BAYFRONT REDEVELOPMENT DISTRICT DOESN'T EXIST ANYMORE. WE HAD ZONING DISTRICTS THAT HAD THE NAME IN IT, AND WE HAD A, YOU KNOW, PROCESS. AND BECAUSE OF THAT, WE CREATED TWO NEW DISTRICTS, AND I'LL TALK ABOUT THE DISTRICTS LATER. BUT WE NEEDED WE NEEDED TO CREATE THE PROCEDURES FOR IT. SO THIS CHAPTER NOW INCLUDES PROCEDURES FOR REVIEWING MIXED USE DEVELOPMENTS, UPDATED THE PUD PROCEDURES. THIS IS ANOTHER ONE WHERE GROWTH MANAGEMENT TOOK IT UPON THEMSELVES TO REWRITE THAT SECTION BASED ON WHAT THEY HAVE SEEN. HOW IT WORKS. LET'S MAKE IT, YOU KNOW, EASIER FOR PEOPLE TO UNDERSTAND. SO THEY GAVE US THAT SECTION AND WE PUT IT IN SAME THING WITH THE SUBDIVISION CODE AND THE CONCURRENCY SECTION, WHICH IS THE PART THAT ENSURES THAT YOU HAVE ADEQUATE PUBLIC FACILITIES AND SERVICES FOR NEW DEVELOPMENT. WE JUST CLARIFIED A FEW THINGS THAT FOR SOME REASON JUST WERE NOT MAKING SENSE IN THE CURRENT CODE. PAT, I'M GOING TO INTERRUPT FOR ONE SECOND AND KIND OF ADD MY $0.03 HERE, BEING THE PERSON IN THE DIRT WITH PAT GOING THROUGH ALL OF THESE THINGS. YOU KNOW, WHEN I CAME ON BOARD LESS THAN A YEAR AGO IT WAS VERY APPARENT THAT THE DEVELOPMENT COMMUNITY AND STAFF WERE STRUGGLING WITH THE INTERPRETATION OF A LOT OF THESE PROCEDURES AND PROCESSES. AND SO A LOT OF IT REMAINS THE SAME. WE JUST STREAMLINED IT, CONSOLIDATED IT, MADE IT A LOT MORE USER FRIENDLY. I BELIEVE THAT EVERYONE IS IS VERY EXCITED. I KNOW MY STAFF IS TO THEN BE ABLE TO IMPLEMENT THESE THESE PROCESSES. I'M GOING TO GIVE YOU A GREAT EXAMPLE, THE PUDS THAT YOU SEE THE REVIEW CRITERIA IS ALREADY IN THE CODE. WE JUST MADE IT MORE APPARENT. THIS IS THE REVIEW CRITERIA. WE DIDN'T ADD ANY NEW CRITERIA. WE DIDN'T REALLY EVEN CHANGE ANYTHING. BUT THE PROCESSES TO GO THROUGH A PUD HAS BECOME A LOT MORE STREAMLINED. WHAT YOU'VE SEEN IN THE PAST IS THAT TO GET A PUD ZONING, THIS IS A ZONING. YOU GET A ZONING DISTRICT, A ZONING DESIGNATION FOR YOUR PROPERTY AND THE EXISTING CODE. IT REQUIRES YOU TO HAVE A PDP, A PRELIMINARY DEVELOPMENT PLAN, A CONCEPTUAL PLAN, CORRECT. THAT IS CONSISTENT WITH ALL MUNICIPALITIES IN THE COUNTY, THAT IN ORDER TO GET A PUD, YOU HAVE TO HAVE A PLAN IN PLACE. CORRECT. BUT WE THEN GO FURTHER AND SAY YOU HAVE YOU HAVE TO PROVIDE US WITH A CONCEPTUAL PLAN AND A FINAL DEVELOPMENT PLAN. SO THAT'S WHY YOU WOULD ALWAYS SEE THEM COMING IN TOGETHER. AND THE CONFUSION FROM OUR DEVELOPMENT COMMUNITY WAS REAL. SO WE HAVE CHANGED IT SO THAT YOU HAVE TO SUBMIT YOUR PDP TO GET YOUR ZONING. THAT'S TYPICAL. THAT IS TYPICAL IN ALL OF THE OTHER MUNICIPALITIES AND COUNTIES. AND NOW YOU HAVE YOUR ZONING BASED ON THIS PLAN, THAT DOESN'T CHANGE. HOWEVER, WHEN YOU'RE READY TO MOVE TOWARDS DEVELOPMENT AND YOU MUST WITHIN THREE YEARS, YOU THEN SUBMIT YOUR FINAL DEVELOPMENT PLAN ALONG WITH YOUR PRELIMINARY PLAT. THIS STREAMLINES THAT PROCESS. IT ALLOWS THE DEVELOPMENT COMMUNITY WAS DOING THAT ANYWAY OR TRYING TO BECAUSE THAT'S THE WAY IT'S DONE IN OTHER MUNICIPALITIES. OUR LAND DEVELOPMENT CODE WAS A LITTLE ARCHAIC AND MISLEADING AND LET US ALL DOWN CRAZY PATHS. [01:10:05] SO WE HAVE NOW STREAMLINED IT. SO THE THE FINAL DEVELOPMENT PLAN AND THE PLAN, THE PRELIMINARY PLAT WILL BE COMING TOGETHER, WHICH THEY SHOULD FOR THESE LARGE SUBDIVISIONS AND MASTER PLAN COMMUNITIES. AND THEN AFTER CONSTRUCTION PLANS ARE APPROVED, THEY MAY MOVE FORWARD WITH THEIR CONSTRUCTION. THEY THE THE DEVELOPMENT COMMUNITY HAS ASKED FOR THIS. SO WHEN YOU ASK THE QUESTION, IS IT HELPING OR HURTING THE COMMUNITY? IT IS REALLY HELPING STAFF AND THE COMMUNITY IN MOVING FORWARD IN A STREAMLINED, EASIER, DIGESTIBLE TYPE OF FASHION. AND I WANT TO EMPHASIZE AGAIN THAT WHEN YOU SEE ALL THESE STRIKETHROUGHS AND RED LINES, A LOT OF IT IS BECAUSE IT'S MOVED FROM HERE AND MOVED OVER TO HERE, AND WE TRY TO RETAIN A LOT OF THE THE GOOD VERBIAGE THAT'S THERE. SO I REALLY WANTED TO EMPHASIZE THAT I HAVE A QUESTION QUESTION REGARDING THE PUD AND THE CONSTRUCTION PLANS. IF IT'S A 300 HOME PUD, ARE YOU SAYING EVERY 300 HOMES HAS TO BE APPROVED BEFORE THEY CAN BUILD HORIZONTALLY? NO, NO. WHEN YOU GET A PUD, YOU HAVE TO PRESENT A PLAN AND THAT HAS TO BE APPROVED. THEN BEFORE YOU CAN MOVE INTO YOUR FINAL, YOU'RE TALKING ABOUT YOU'RE TALKING ABOUT HORIZONTAL CONSTRUCTION PLANS, NOT THE VERTICAL LIKE RESIDENTIAL PLANS. YEAH, I'M TALKING ABOUT CONSTRUCTION PLANS. THE VERTICAL. YES, SIR. HORIZONTAL. HORIZONTAL. THEN YOU CAN APPROVE. YOU CAN GO TO YOUR BUILDING DEPARTMENT AND APPLY FOR YOUR BUILDING. YOUR YOUR HOMES HORIZONTAL. THAT'S WHAT I SAID. DID I SAY VERTICAL? I JUST WANT CLARITY. LIKE YEAH A LOT OF DEVELOPERS, THEY GET THEIR APPROVAL. THEY DO ALL THE HORIZONTAL SITE WORK, THEN THEY START SELLING LOTS INDIVIDUALLY. I JUST WANT CLARITY THAT THE CONSTRUCTION PLANS YOU'RE TALKING ABOUT AREN'T FOR THE HOMES. NO, THIS IS JUST CONSTRUCTION PLANS. THAT'S ALL. WE APPROVE. AND NOW YOU'RE MOVING INTO A LITTLE DEEPER ALLEY, WHICH I KNOW THAT YOU ARE FAMILIAR WITH, BUT IN COMPLIANCE WITH. AND PAT WILL BE COVERING THAT SOON IN COMPLIANCE WITH NEW LEGISLATION, WE HAVE HAD TO UPDATE OUR CODE TO ADDRESS MODEL HOMES OR EARLY START HOMES SO THAT DURING THE CONSTRUCTION OF THE SUBDIVISION, THE ROADS AND THE STORMWATER AND THE UTILITIES, THEY CAN ALSO APPLY FOR BUILDING PERMITS TO PUT IN EARLY START HOMES UP TO 50%. YOU ARE NOT ALLOWED TO SELL HOMES UNTIL YOUR FINAL PLAT HAS BEEN RECORDED. AND OUR OLD OUR OLD LAND DEVELOPMENT CODE WAS A LITTLE BACKWARDS IN THAT, AND WE HAVE CORRECTED IT, AND WE HAVE CORRECTED WHEN THE DEVELOPMENT AGREEMENTS SHOULD BE IN PLACE. SO WHAT WE'VE PUT IN IS IN ACCORDANCE, WHICH PAT HAS SAID OVER AND OVER AGAIN WITH CURRENT LEGISLATION AND COMMON PLANNING PRACTICES THROUGHOUT OUT OUR AREA, BREVARD COUNTY AND ALSO IN OTHER MUNICIPALITIES AND OTHER. I'VE WORKED IN INDIAN RIVER COUNTY. SAME THING. AND WE'VE PUT IN PLACE A LOT OF CONSISTENT REQUIREMENTS TO, TO MAKE SURE THAT THE COMMUNITY IS PROTECTED AS WELL AS THE DEVELOPMENT COMMUNITY IS ALLOWED TO MOVE FORWARD IN A CONSISTENT MANNER. I HOPE THAT HELPS ALLEVIATE SOME OF YOUR CONCERNS. I KNOW THIS LOOKS LIKE A LOT OF CHANGES, BUT WE'VE GONE THROUGH IT PRETTY WELL SO THAT WE KNOW THAT THE MAJORITY OF THE EXISTING LAND DEVELOPMENT CODE IS STILL IN HERE. IT'S JUST BEEN MOVED AROUND, AND THEN IT'S BEEN IMPROVED, APPROVED IN ACCORDANCE WITH ALL OF THE FEEDBACK WE'VE RECEIVED FROM THE COMMUNITY AND THE DEVELOPMENT COMMUNITY, IE. THIS CHAPTER WAS THE MOST IMPORTANT TO ME IS THE DEVELOPMENT PROCESSES BECAUSE MY STAFF WAS STRUGGLING. SO. AND THEN THIS ONE I DID. DO YOU WANT ME TO ADDRESS THIS? I'M SORRY. SO THEN THE SUBDIVISION. SO WE STAFF TOOK ON THE BURDEN, AS PAT EXPLAINED TO OR THREE OF OUR OUR OF THE CHAPTERS. WE REVISED THE PUD PROCESS AND THAT THAT PORTION OF THE THE CODE AND ALSO THE SUBDIVISION CODE AND THE LANDSCAPE AND TREE PROTECTION AND BUFFERING CODE. SO THOSE WERE THE THREE MAJOR SECTIONS, CHAPTERS, WHATEVER WE WANT TO CALL THEM THAT OUR STAFF DID INTERNALLY. OF COURSE, PAT REVIEWED THEM ALL AND GAVE US HER INCREDIBLE KNOWLEDGE FROM HER WORK OUTSIDE OF JUST PALM BAY AND REALLY HELPED US ALONG. BUT IN THE SUBDIVISION CODE, IT AGAIN, YOU KNOW, SUBDIVISION IS THAT IT IS IT IS SET BY THE FLORIDA STATUTE. 177 I CAN'T REMEMBER WHAT IT IS, BUT IT REALLY IS THE PLATTING OF PROPERTIES, THE SUBDIVIDING OF PROPERTIES. [01:15:01] AND SO YOU REALLY NEED TO KEEP IN COMPLIANCE WITH THE FLORIDA STATUTE. WITH THAT, WE'VE MADE IT IN COMPLIANCE WITH THAT. WE'VE ADDED IN ACCORDANCE WITH OUR COMP PLAN THAT'S REQUIRING COMMON OPEN SPACE. WE INCORPORATED THAT INTO OUR SUBDIVISIONS. THEY NEED TO HAVE COMMON OPEN SPACE IN ALL OF THEIR PLANS. WE REMOVED MINOR SUBDIVISIONS BECAUSE NOBODY WAS USING THEM. AND QUITE FRANKLY, THE MINOR SUBDIVISION PROCESS IS THE EXACT SAME AS ANY TYPE OF SUBDIVISION PROCESS. IN ACCORDANCE WITH FLORIDA STATUTE 177. IT DOESN'T CHANGE. NOBODY USED IT, SO WE REMOVED IT. WE REDEFINED AND DEFINED LOT SPLITTING THE SITE WORK PERMIT IS AN IMPORTANT AND IMPORTANT PERMIT THAT THE CITY REQUIRES PRIOR TO YOU BEING ABLE TO BREAK GROUND. BEING ABLE TO TO MOVE A SHOVEL TO MOBILIZE ON YOUR PROPERTY. AND YET IT'S NOT EVEN MENTIONED IN THE LAND DEVELOPMENT CODE. IT'S MENTIONED IN A SEPARATE DOCUMENT THAT'S MENTIONED IN THE LAND DEVELOPMENT CODE. SO WE BROUGHT IT BACK IN SO THAT THE DEVELOPMENT COMMUNITY DOESN'T GET CONFUSED AS TO WHEN THAT STEP IN THE PROCESS, A VERY CRITICAL STEP IN THE PROCESS OCCURS. AND SO THAT WAS VERY IMPORTANT. SO WE RESTRUCTURED THE PLANT AND FINAL PLANT PROCESS, PRELIMINARY PLANT FINAL DEVELOPMENT PLAN COMING THROUGH P AND Z TO THE CITY COUNCIL FOR APPROVAL AS TYPICAL. AND YET FINAL PLAT JUST GOES TO CITY COUNCIL BECAUSE IT SHOULD BE SUBSTANTIALLY THE SAME. IT WILL NOT CHANGE. IT'S THE FINAL PLAN. SO WE'VE ELIMINATED THAT STEP. WHICH WILL WILL BE GOOD NEWS FOR MANY. WE HAVE A CONSTRUCTION RESTRICTION ON THAT, THAT NO CONSTRUCTION CAN BEGIN UNTIL FINAL PLAT APPROVAL. AND YET THAT'S IN CONFLICT WITH A LOT OF THINGS IN OUR EXISTING LAND DEVELOPMENT CODE. SO WE'VE MADE IT MORE COMPATIBLE, AGAIN WITH THE STANDARD PRACTICE AND PROCESS OF DEVELOPMENT, WHERE YOU HAVE ALL OF YOUR APPROVALS, YOU DO YOUR DEVELOPMENT, AND THEN YOU PROVIDE THE FINAL PLAT WITH ANY AS BUILTS OR ANY, ANY CHANGES THAT MAY HAVE OCCURRED. AND THEN YOU GET YOUR FINAL PLAT AND THEN YOU CAN START SELLING PROPERTY. THEN YOU CAN START SELLING LOTS. YOU CANNOT SELL LOTS UNTIL YOU HAVE YOUR FINAL PLAT. SO WE WANT THE CONSTRUCTION DONE FIRST AND THEN THE FINAL PLAT SO YOU CAN SELL LOTS. SO WE CLEANED UP THAT THE MODEL HOMES, WE'VE TALKED ABOUT THEM JUST NOW. IT HAS BEEN LEGISLATION HAS CHANGED AT LAST YEAR AND THEN AGAIN THIS YEAR SO THAT WE'RE REQUIRED TO WE HAVE TO ISSUE UP TO 50% OF THE BUILDING PERMITS SO THAT A DEVELOPER CAN BEGIN BUILDING 50% OF THEIR HOMES PRIOR TO THE SUBDIVISION BEING COMPLETED. THEY CANNOT SELL THEM. THEY WILL NOT GET CEOS IN ORDER TO OCCUPY THEM UNTIL THE SUBDIVISION IS COMPLETED AND THE FINAL PLAT HAS BEEN RECORDED, BUT THEY CAN BEGIN THAT BUILD OUT PRIOR TO. SO WE HAD TO BRING THAT LANGUAGE IN. AM I MISSTATING MYSELF, MR. ATTORNEY? OKAY, GOOD. SO THOSE ARE THE BIG KEY ITEMS THAT HAPPENED WITH THE SUBDIVISION CODE, AND I'M PROUD OF IT. I THINK THAT IT WAS REALLY GOOD. WE HAD A VIRTUAL WORKSHOP WITH OUR STAKEHOLDERS. THEY GAVE US A LOT OF GOOD INPUT. THEY WERE VERY MUCH AWARE OF THESE CHANGES AND WE INCORPORATED THEIR INPUT INTO IT. SO. SO WE'RE HAPPY WITH THIS. AM I DONE WITH THAT CHAPTER YOU TAKE OVER AGAIN. YES. SO OF COURSE. YEAH. WHILE YOU'RE WHILE YOU'RE JUST TALKING ABOUT THAT SUBDIVISION. I JUST HAD A QUESTION. I SEE WHERE WE HAVE HERE UNDER MAJOR CHANGES, THAT THERE'S A 20% REQUIREMENT FOR OPEN SPACE FOR A RESIDENTIAL DEVELOPMENT AND 10% FOR A NONRESIDENTIAL DEVELOPMENT, HAS THAT ALWAYS BEEN THE CASE? DID WE CHANGE ANYTHING THERE, OR IS THAT THAT IS A NEW CHANGE WE HAD TO UPDATE FROM, BECAUSE THAT WAS ADDED TO OUR COMPREHENSIVE PLAN. AND WHAT WAS THE OLD REQUIREMENT? WHAT WAS THE GREEN SPACE? DO YOU REMEMBER THE COMPREHENSIVE? THE COMPREHENSIVE PLAN SAYS THAT YOU HAVE TO HAVE THAT, BUT THE PROBLEM WAS THAT IT WAS NOT IN THE CODE, SO WE NEEDED TO PUT IT IN, OTHERWISE PEOPLE WOULD MISS IT. I DON'T I CAN'T I CANNOT SPEAK TO WHAT YOUR OLD COMPREHENSIVE PLAN USED TO STATE IN REGARD TO OPEN SPACE. I'M JUST CURIOUS IF WE'VE LOOKED AT A LOT OF PUDS THAT HAVE COME THROUGH THAT WE'VE, YOU KNOW, AND AND OBVIOUSLY THEY DO HAVE SOME GREEN SPACE IN THERE, BUT THEY SEEM TO BE KIND OF ALL OVER THE PLACE. SOME HAVE A LOT, SOME HAVE VERY LITTLE. YEAH. SO WHAT WE DID WITH THE COMMON OPEN SPACE FOR THE OPEN SPACE DEFINITION IN THE COMPREHENSIVE PLAN, IT TALKS ABOUT COMMON OPEN SPACE BEING 20%. AND IT'S FOR PUDS. IT'S 25%. IT STATES THAT ALL ZONING WILL NOW GET ALL RESIDENTIAL ZONING WILL GET 20%. [01:20:07] AND THEN WE HAVE OUR COMMERCIALS. RIGHT. SO BUT WHAT IT ALSO GOES ON TO STATE IS TO BETTER DEFINE WHAT OPEN SPACE IS. IT TALKS ABOUT ACTIVITY BASED AND RESOURCE BASED OPEN SPACE, AND IT KIND OF DEFINES IT BETTER IN THE IN THE COMP PLAN. SO WE TOOK THOSE DEFINITIONS AND BETTER DEFINED IT IN THE LAND DEVELOPMENT CODE SO THAT WE DON'T WANT WE NEVER WANT OPEN SPACE TO BE LOOKED AT AS PUNITIVE. WE WANT IT TO BE INCENTIVE BASED SO THAT A DEVELOPMENT DOESN'T LOOK AT IT AS, OH, I HAVE TO I CAN'T CONCRETE EVERYTHING WHICH WE DON'T WANT THEM TO DO, BUT WE THIS IS GOING TO BE A GOOD THING THAT I WEAVE INTO MY DEVELOPMENT BECAUSE IN IN THOSE DEFINITIONS, YOU'RE ALLOWED TO NOT ONLY COUNT 50% OF, LET'S SAY YOU HAVE WETLANDS OR NATURAL LAKE, YOU CAN COUNT UP TO 50% OF YOUR OPEN SPACE REQUIREMENT AS PROTECTION OF THOSE AREAS. THOSE WOULD BE RESOURCE BASED OPEN SPACE, CORRECT? YOU CAN COUNT ANY PATHS THAT YOU PUT AROUND, LET'S SAY YOUR STORMWATER MANAGEMENT POND THAT YOU HAVE TO PUT IN PLACE PER YOUR PER THE PERMITTING. WITH SAINT JOHN'S, YOU CAN COUNT THE LIKE. LET'S SAY YOU PUT A WALKING PATH ALONG IT. YOU CAN COUNT THAT LINEAR AREA AS OPEN SPACE RECREATION BASED. YOU CAN COUNT YOUR PRIVATE ENTITY, NOT PUBLIC OR REGIONAL PARKS, BUT YOUR PRIVATE PARKS THAT YOU PUT INTO A DEVELOPMENT AS ACTIVITY BASED OPEN SPACE. SO WHAT WE'VE TRIED TO DO IS TO ENCOURAGE A LITTLE BIT MORE CREATIVITY FOR ONE THING, BUT ENCOURAGE THEM TO THEN EMBRACE THE THOUGHT AND NOT FEEL THAT IT'S PUNITIVE BUFFER AREAS THAT ARE PLANTED IN NATIVES. THEY CAN BE COUNTED AS OPEN SPACE, NOT YOUR INTERIOR ISLANDS FOR YOUR YOUR PARKING LOTS, LET'S SAY, UNLESS YOU INCORPORATE LIDS. SO WHICH WOULD BE LET'S GIVE ME GIVE YOU A GOOD EXAMPLE. WALMART. THEY'LL PUT IN THEIR MIDDLE ISLANDS. IT'LL BE THEY'LL HAVE CURB CUTS FROM THEIR PARKING LOTS THAT GO INTO SWALES THAT ARE THEN PLANTED, BUT THEN THE WATER HAS A CHANCE TO BE COLLECTED AND TREATED. THAT IS CONSIDERED A LOW IMPACT DEVELOPMENT DESIGN. SO THOSE TYPE OF STORMWATER TYPES OF DESIGNS, TAKING YOUR DOWNSPOUTS FROM YOUR ROOFS AND LETTING THEM FLUSH INTO RAIN GARDENS, THOSE ARE LIDS IF WE CAN. IF THEY INCORPORATE THINGS LIKE THAT, IT'LL BE COUNTED AS PART OF ITS INCENTIVE BASE, BUT ALSO BE INCORPORATED INTO THEIR OPEN SPACE. I'M SORRY. SORRY. I'M TALKING. THESE ARE MY PANTS. NO. YOU'RE GOOD, I JUST COMMENT YOU KNOW, I KNOW THIS PROCESS STARTED LAST YEAR AND THERE WERE SOME STAKEHOLDER INVOLVEMENT. IN SEPTEMBER OF 23, THIS PAST JULY, THE STATE PASSED DEP RULE, PASSED STORM WATER RULE THAT GOES INTO EFFECT IN LIKE 15 MONTHS, THAT YOU HAVE TO DOUBLE YOUR STORMWATER CAPACITY FROM 20% TO 40%. SO I DON'T KNOW IF THAT'S BEEN TAKEN INTO CONSIDERATION OVER THIS PAST YEAR. WHILE THIS UPDATE WAS WAS BEING PROPOSED. WHEN YOU'RE TALKING ABOUT YOUR LAMAR, YOU'RE TALKING ABOUT YOUR FLOOD, TALKING ABOUT STORMWATER, STORMWATER RETENTION, STORMWATER RETENTION. BUT LAMAR IS BASED MAINLY ON YOUR YOUR FLOOD, YOUR TOPOS. RIGHT. AND SO IF YOU'RE TALKING IF YOU'RE TALKING ABOUT THAT, AND I'M NOT THAT FAMILIAR WITH IT BECAUSE THEY'VE BEEN DOING A LOT OF CHANGES LATELY. SO I CAN'T KEEP UP WITH EVERYTHING. BUT THEY PROBABLY ARE GOING TO BE INCREASING THE REQUIREMENT FOR COMPENSATORY STORAGE. NO. YEAH. WITH YOUR STORM WATER, I BELIEVE THAT'S THEY DID. IT GOES INTO EFFECT IN ABOUT 15 MONTHS. I'M SAYING IF WE'RE INCREASING GREEN SPACE, OPEN SPACE HERE LOCALLY AND THE STATE'S ALSO REQUIRING DOUBLE STORM WATER CAPACITY, IT'S JUST GOING TO MAKE DEVELOPMENT BUT COMMERCIALLY VERY TOGETHER. BUT THEY CAN COUNT TOGETHER. THEY PLAY WELL TOGETHER. MAN MADE RETENTION PONDS COUNT AS NO WELL, MAN, MAN RETENTION PONDS. YOU'RE JUST GOING TO DIG THEM DEEPER AND BIGGER. HOWEVER, THE STATE ALSO IS ENCOURAGING THE TREATMENT TRAINS. AND SO IF YOU'RE UTILIZING TREATMENT TRAINS IN YOUR PROPERTY RIGHT TO MEET BOTH STANDARDS YOUR OPEN SPACE AND YOUR INCREASED STORMWATER RETENTION OR FLOODPLAIN COMPENSATORY STORAGE, THEY'LL PLAY TOGETHER. SO DON'T LET'S NOT BE AFRAID OF IT. LET'S LET'S WORK TO MAKE IT COMPATIBLE. ARE YOU UNDERSTANDING? NO. I MEAN, I KNOW PERSONALLY I WOULD WANT TO STUDY THE ISSUE FURTHER. ABSOLUTELY. I'M NOT FAMILIAR WITH THE THAT TERM YOU JUST USED. TREATMENT TRAINS. TREATMENT TRAINS. YEAH. WELL WE'LL TALK ABOUT IT LATER, BUT THAT'S IN OUR LID DOCUMENT, OUR DEVELOPMENT DOCUMENT THAT WAS PUT TOGETHER LONG BEFORE I ARRIVED. [01:25:09] AND ALL I'M TRYING TO EMPHASIZE IS THAT IN THIS CODE, WE ARE TRYING TO ADDRESS THE ISSUES SO THAT WE ARE NOT BEING PUNITIVE, BUT WE'RE ENCOURAGING THAT OPEN SPACE AND LETTING THESE TYPE OF REGULATIONS PLAY WELL TOGETHER SO THAT YOU CAN DO THIS AND IT ALL COUNTS TOGETHER. DO YOU UNDERSTAND WHAT I'M SAYING? SO THAT YOU YOU DON'T JUST HAVE TO DO THIS AND THEN YOU HAVE TO DO THIS, AND THEN YOU HAVE TO DO THIS, AND NOW YOU'VE GOT THIS LITTLE PIECE OF NOTHING THAT YOU ARE LEFT TO DEVELOP. WE'RE VERY COGNIZANT OF THAT, AND I BELIEVE IT'S EXPRESSED WELL IN THE CODE. AND IF NOT, THEN WE CAN CHANGE IT AND ADDRESS IT LATER. MY CONCERN WITH MR. JAFFE'S QUESTION IS HE SEEMS TO BE ASKING THAT IN VIEW OF THE CHANGE IN THE STATE LAW, CORRECT. DO THESE REFINEMENTS TAKE THAT INTO ACCOUNT? I THINK THAT'S WHAT HE WAS SAYING. AND MY ANSWER IS YES, SIR. OKAY. I GOT YOU TO THE TO THE TO THE POINT THAT THEY CAN. I WANT TO MAKE A CLARIFICATION. SO THE COMPREHENSIVE PLAN ORIGINALLY SAID THAT YOU NEEDED TO HAVE ONE ACRE OF OPEN SPACE PER 1000 PERSONS. SO IT WAS LIKE WAY UP THERE. LIKE WHO'S RESPONSIBLE FOR THAT? WHEN THE COMPREHENSIVE PLAN WAS UPDATED, THE LANGUAGE WAS CHANGED. AND THEN THERE WAS A NEW POLICY SAYING, IT'S GOING TO HAVE TO BE A MINIMUM OF 20%, ALL RESIDENTIAL DEVELOPMENT. WHEN YOU GO INTO THE CODE, PUDS WERE ADDRESSED AND IT'S ACTUALLY 25. THAT'S WHAT PUDS HAVE TO DO TODAY. BUT FOR THE REST OF THE ZONING DISTRICTS, IT DIDN'T SAY ANYTHING. SO WE WERE PUNISHING PEOPLE GOING THROUGH PUD. ALL OF A SUDDEN NOW THEY NEEDED TO DO 25. BUT IF I USE MY REGULAR ZONING DISTRICT, I DIDN'T HAVE TO DO ANY. SO WE MADE IT IN A WAY THAT PUDS ARE STILL 25%, BUT EVERYBODY ELSE IN THE CITY IS THE MINIMUM THAT THE COMPREHENSIVE PLAN REQUIRES. SO THAT'S HOW WE CHANGED IT. OKAY. SO WE MOVE TO THE NEXT CHAPTER. ANOTHER FUN CHAPTER. THE ZONING CHAPTER. SO WE CLEANED THAT UP SO MUCH THAT WE HAVE IN THIS CHAPTER JUST WHAT'S NEEDED TO BE HERE. BASICALLY WE HAVE SOME GENERAL PROVISIONS TALKING ABOUT THE COMPREHENSIVE PLAN, FUTURE LAND USE MAP, AND YOUR ZONING MAP. THEN WE GO INTO THE STANDARD DISTRICTS, YOUR RS ONE RS 2RMRM 20 OR NEIGHBORHOOD COMMERCIAL. THOSE ARE EXPLAINED THERE. THEN WE GO INTO RESIDENTIAL DEVELOPMENT TYPE. SOMETIMES IT'S CONFUSING BECAUSE WHEN YOU LOOK AT EACH ZONING DISTRICT, YOU'RE LIKE, WELL, THEY ALLOW FOR TOWNHOUSES, BUT WHERE ARE MY STANDARDS FOR TOWNHOUSES? SO WE HAVE A WHOLE SECTION THAT INCLUDES STANDARDS FOR THOSE SPECIFIC DEVELOPMENTS. NOW THERE IS AND I'LL TALK ABOUT IT LATER. BUT CLUSTER SUBDIVISIONS IS SOMETHING THAT YOU DON'T HAVE TODAY. NOW WE'RE OFFERING IT AS AN OPTION FOR DEVELOPERS TO NOT HAVE TO GO THROUGH PUD, BUT DO SOMETHING THAT MAKES SENSE, AND I'LL EXPLAIN THAT LATER. YOUR ARCHITECTURAL STANDARDS, MINOR CHANGES TO THAT DEVELOPMENT BONUSES AND INCENTIVES. WE CONSOLIDATED WHAT YOU HAD IN OTHER PLACES, AND NOW WE'RE ENCOURAGING MORE. AND WE'LL TALK ABOUT THOSE LATER. PART SIX IS WHERE WE TALK ABOUT THE PUD, NOT THE PROCESS BUT THE STANDARDS. SO THIS IS WHERE WE HAVE THE OPEN SPACE AND HOW IT'S SUPPOSED TO BE DESIGNED. AND THE MINIMUM TYPES OF USES THAT YOU'RE SUPPOSED TO HAVE. THEN PART SEVEN IS THE REGIONAL ACTIVITY CENTER PUD. PART EIGHT WOULD HAVE BEEN YOUR BAYFRONT MIXED USE DISTRICTS. BUT BECAUSE WE DON'T HAVE A BAYFRONT REDEVELOPMENT DISTRICT ANYMORE, NOW WE'RE JUST CALLING IT A GENERIC MIXED USE. SO IT'S COMMUNITY MIXED USE AND URBAN MIXED USE. AND WE'LL TALK ABOUT THOSE LATER. PART NINE IS NONCONFORMANCE PROVISIONS. SO I HAVE A SITE THAT DOESN'T MEET ANY OF THESE REQUIREMENTS YOU HAVE IN THIS CHAPTER. WHAT ARE MY OPTIONS AND VESTED RIGHTS GOING WITH THAT? SO THE FIRST PART OF THE CHAPTER IS WHERE WE ESTABLISH THE ZONING DISTRICTS. NOW IN THE PAST PEOPLE WOULD COME AND SAY, I WANT TO REZONE THE COMMERCIAL AND THE STAFF WOULD SAY, BUT YOU HAVE TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN. WELL, WHAT DOES THAT MEAN? SO WE PUT THAT TABLE IN THE ZONING CHAPTER SO THAT PEOPLE KNOW, OKAY. SO THERE IS SOMETHING CALLED THE FUTURE LAND USE CATEGORY. I NEED TO KNOW IF I HAVE NC FOR FUTURE LAND USE, WHAT ARE THE ZONING DISTRICTS THAT I CAN REZONE TO. SO THIS IS AGAIN MAKING IT EASIER FOR PEOPLE TO UNDERSTAND THE SYSTEM, HOW YOU HAVE A FUTURE LAND USE MAP AND YOU HAVE A ZONING MAP. SO IN TERMS OF THE INTENT OF EACH DISTRICT, IT'S VERY IMPORTANT TO HAVE THE INTENT OF THE DISTRICT. SO WHEN SOMEBODY COMES IN AND SAYS, I WANT TO REZONE TO NEIGHBORHOOD COMMERCIAL, WELL, WHAT ARE WE TRYING TO DO WITH NEIGHBORHOOD COMMERCIAL? IT'S NOT JUST TO ALLOW COMMERCIAL, BUT WHAT IS THE PURPOSE OF IT. SO WE MADE SURE THAT WE SPELLED OUT FOR EACH DISTRICT WHAT THE MAIN PURPOSE OF IT IS. [01:30:08] THEN WE ALSO CREATED A SERIES OF TABLES. SO THE WAY YOUR CODE IS TODAY, IT SAYS RS1 PERMITTED USES A LIST. CONDITIONAL USES A LIST. PROHIBITED USES LIST. YOU GO TO THE NEXT CHAPTER AND SAME THING. AND A LOT OF THESE CATEGORIES REPEAT AND REPEAT AND REPEAT. AND I THINK PROBABLY 150 PAGES THAT WE CUT OUT ARE COMING OUT OF THIS CHAPTER BECAUSE WE CREATED A TABLE. NOW THERE IS MORE CONSISTENCY OF TERMINOLOGY BECAUSE YOUR CURRENT CODE MAY SAY IN ONE PLACE PUBLIC PARKS IN ANOTHER DISTRICT, IT SAYS PARKS. IN ANOTHER DISTRICT IT SAYS RECREATIONAL ACTIVITIES. SO DOES THAT MEAN THAT PUBLIC PARKS ARE ALLOWED HERE BUT NOT PRIVATE PARKS? AND SO BY PUTTING THEM IN A TABLE FORMAT, IT WAS A LOT EASIER TO JUST CONSOLIDATE THE TERMINOLOGY. AND IT'S A LOT EASIER FOR PEOPLE TO SAY, OKAY, IF I REZONE FROM RS ONE TO RS TWO, THESE ARE THE USES THAT ARE PERMITTED. HOW DO THEY COMPARE? OH, LOOK AT THAT. IF I REZONE, I'M NOT GOING TO BE ABLE TO DO THIS USE OR I GET TO DO THIS USE THAT I WAS PLANNING TO TO DO. SO WE DID ONE TABLE FOR THE RESIDENTIAL DISTRICTS. WE DID ONE TABLE FOR THE COMMERCIAL DISTRICTS AND ONE FOR THE INDUSTRIAL DISTRICTS. AND THEN IN THE TABLE YOU'LL SEE A CROSS REFERENCE. SO IF THERE IS A USE THAT HAS SPECIFIC STANDARDS, LET'S SAY IT'S A CHILD CARE FACILITY AND WE HAVE STANDARDS FOR THAT SPECIFIC USE. IT TELLS YOU WHERE TO GO IN THE CODE SO IT'S EASIER FOR PEOPLE TO FIND THE REGULATIONS. NOW THE TERMINOLOGY IS P MEANS IT'S A PERMITTED USE. YOU DON'T NEED TO GO THROUGH ANY BOARD REVIEW. C IT MEANS IT'S A CONDITIONAL USE. SO THERE IS A SPECIAL PROCEDURE THAT YOU HAVE TO GO THROUGH. AND IF IT IS BLANK IT MEANS IT'S NOT ALLOWED. NOW WE DON'T HAVE A LIST OF PROHIBITED USES. BASICALLY THE UNDERSTANDING IS IF IT IS NOT LISTED, IT'S NOT PERMITTED. AND IF THERE IS A DOUBT THE CITY MANAGER OR THE DESIGNEE CAN MAKE A DETERMINATION. SOMETHING ELSE THAT WE'RE DOING, AGAIN, TRYING TO STREAMLINE A LITTLE BIT AND TRYING TO MAKE THINGS A LITTLE BIT EASIER. YOU KNOW HOW SOMETIMES A SUBDIVISION GETS BUILT AND THERE'S A LITTLE BITTY PARCEL THAT IT'S OUTSIDE THE SUBDIVISION? THEY COULDN'T BUY IT FOR SOME REASON. NOW IT'S ON A MAJOR ROADWAY. YOU CANNOT PUT A HOUSE THERE, BUT IT'S ZONED FOR RESIDENTIAL. WE'RE SAYING IT'S OKAY TO PUT AN OFFICE THERE. THE SUBDIVISION TYPICALLY HAVE A WALL AROUND IT. WE DON'T WANT COMMERCIAL THERE BECAUSE IT'S, YOU KNOW, ON A MAJOR ROADWAY. LET'S MAKE IT AVAILABLE FOR OFFICE USE WITHOUT HAVING TO CHANGE YOUR COMPREHENSIVE PLAN. LET'S DO A REZONING SO THAT THE NEIGHBORS CAN HAVE A SAY ON IT. BUT LET'S NOT PUT THEM THROUGH THE PROCESS OF HAVING TO BE A COMPREHENSIVE PLAN AMENDMENT THAT TAKES FOREVER AND THEN A REZONING. SO IT'S KIND OF MAKING IT EASIER TO USE SOME OF THOSE SITES. NOW, IN TERMS OF THE QUESTIONS OF WAS IT A 20 FOOT SETBACK OR A TEN FOOT SETBACK, IS THIS USE PERMITTED HERE OR NOT PERMITTED THERE? WE PUT TOGETHER A DOCUMENT AND I'M I'M PRETTY SURE IT GOT DISTRIBUTED. THE ONE THAT HAS WE ARE CONSOLIDATING THE SF ONE DISTRICT WITH THE ONE DISTRICT. SO WE PUT A TABLE SHOWING THEM SIDE BY SIDE BY CONSOLIDATING, CONSOLIDATING THEM. WHAT IS GOING TO BE DIFFERENT FOR THOSE PEOPLE THAT GET REZONED FROM SF ONE TO RS1? ANOTHER ONE THAT WE'RE CONSOLIDATING IS OR WE'RE ELIMINATING THE SF TWO DISTRICT. WE'RE CONSOLIDATING THE R.M. THIS IS RESIDENTIAL MULTIFAMILY TEN AND 15. IT DIDN'T MAKE SENSE TO HAVE TWO SEPARATE ONES FOR THAT. SO WE PUT THESE TABLES SO YOU CAN COMPARE, YOU KNOW APPLES TO APPLES. YOU KNOW HOW ARE THEY CHANGING. AND I'M SORRY PAT I'LL JUST I'LL JUST POINT IT OUT. SO YOU ALL HAVE A DOCUMENT SUCH AS THIS AND IT'S SHOWING COMPARATIVELY. YOU GOT THEM RIGHT. YES. OKAY. COMPARATIVELY, YOU KNOW, FOR INSTANCE, FSF ONE WHAT'S PERMITTED AND ALLOWED TODAY AND IT'S MOVING TO RS ONE AND YOU'LL SEE THAT WE WE DIDN'T AGAIN PUNISH ANYONE FOR THIS MOVE EVERYBODY. THE MOVE ACTUALLY PROVIDES THEM WITH A LITTLE BIT MORE AVAILABILITY OF SIZES OR DIMENSIONS OR PERMITTED USES. THE OTHER DOCUMENT THAT YOU HAVE IS THE MAP. OKAY. AND THEN THE MAP KIND OF JUST SHOWS YOU WHERE THOSE, THE DIFFERENT AREAS ARE THAT ARE BEING CHANGED. AND WE ARE NOTIFYING IN ACCORDANCE WITH STATUTE THE PROPERTY OWNERS. THEN THERE IS ALSO RESTRICTED COMMERCIAL. IT'S A COMMERCIAL DISTRICT. WE CONSOLIDATE CONSOLIDATED THAT WITH NEIGHBORHOOD COMMERCIAL. THEY WERE VERY SIMILAR. AND THEN YOU HAVE A ZONING DISTRICT TODAY CALLED RECREATIONAL VEHICLE PARK. WE DON'T HAVE ANY PROPERTIES IN THE CITY ZONED FOR THAT. AND RV PARKS ARE ALLOWED IN COMMERCIAL DISTRICTS. SO IT DIDN'T MAKE SENSE TO KEEP A DISTRICT THAT NOBODY'S USING. SO WE'RE DELETING THAT ONE AND THEN WE'RE ADDING A NEW DISTRICT. NOW WE HAVE ALL HEARD ABOUT THE MISSING MIDDLE, HOW PEOPLE ARE BUILDING SINGLE FAMILY HOMES OR MULTIFAMILY. [01:35:06] BUT WHAT HAPPENS TO THE TOWNHOUSES? WHAT HAPPENS WITH THE MEDIUM DENSITY TYPE OF DEVELOPMENT? AND THIS IS A MANDATE FROM THE COMPREHENSIVE PLAN. SO WE'RE CREATING A NEW DISTRICT. WE'RE CALLING IT THE RT TEN. AND IT PERMITS THAT TYPE OF DEVELOPMENT, MODERATE DENSITY RESIDENTIAL DEVELOPMENT, TOWNHOUSES AND VERY LOW DENSITY MULTIFAMILY. MULTI-FAMILY. NOW, IN TERMS OF DIMENSIONAL STANDARDS, WE DID THE SAME. WE PUT THEM IN TABLE FORMAT SO PEOPLE CAN GO THROUGH AND COMPARE DISTRICTS AND YOU KNOW, FIND OUT WHAT ARE MY STANDARDS. IF I'M DOING SINGLE FAMILY IN A MEDIUM DENSITY RESIDENTIAL, WHAT IF I'M DOING TOWNHOUSES? WHAT IF I'M DOING NONRESIDENTIAL IN A RESIDENTIAL DISTRICT? SO IT'S A LOT EASIER TO SEE THE DIFFERENCES IN THESE TABLES. AND THESE ARE SOME OF THE HIGHLIGHTS IN TERMS OF WHAT'S REALLY CHANGING. SO TODAY THE CITY DOESN'T HAVE IMPERVIOUS SURFACE RATIO REQUIREMENTS. MEANING HOW MUCH OF MY SITE CAN I PAVE. THIS IS SOMETHING THAT MOST COMMUNITIES HAVE. AND WHEN THEY DON'T, WHEN YOU END UP WITH A LOT OF PAVEMENT AND NOT ENOUGH OPEN SPACE. SO WE'RE PUTTING A REQUIREMENTS FOR EACH ZONING DISTRICT RANGING BETWEEN 0.5 AND 0.9. THE RECREATIONAL OPEN SPACE REQUIREMENT THAT LISA MENTIONED. NOW WE'RE PUTTING IT ON THE TABLE SO IT'S UPFRONT. PEOPLE CAN SEE THAT LIVING AREAS. SO THIS IS SOMETHING THAT YOU HAVE IN THE CODE. HOW SMALL CAN DWELLING UNITS BE. SO IN THEIR IN THE RS1 WE REDUCED IT FROM 1600 TO 1400. THE REASON FOR THIS IS BECAUSE WE'RE CONSOLIDATING SF1 AND RS1. WE DIDN'T WANT TO MAKE SOME PEOPLE NON-CONFORMING, SO WE USE THE NUMBER FROM SF1 AND ADOPTED THAT AS PART OF RS1 AND 15. WE INCREASED THE MAXIMUM HEIGHT FROM 25 TO 50. AND YOU KNOW IT'S MULTIFAMILY. YOU'RE EXPECTING TO, YOU KNOW, PUT MORE UNITS. SO IF YOU LIMIT THE HEIGHT YOU'RE NEVER GOING TO GET THERE. 15 AND 20. WE'RE REDUCING THE FRONT SETBACK FROM 25 TO 20. THE SIDE CORNER SETBACK FROM 25 TO 15 AND REAR FROM 25 TO 20. AGAIN THESE ARE MULTIFAMILY. NOW YOU STILL HAVE BUFFER REQUIREMENTS. SO IF THEY'RE NEXT TO SINGLE FAMILY, THERE ARE OTHER PROTECTIONS OUT THERE. BUT IF YOU HAVE MULTIFAMILY TO MULTIFAMILY OR MULTIFAMILY TO COMMERCIAL, IT DOESN'T MAKE SENSE TO PROVIDE THAT MUCH SETBACK. AND THEN FOR THE NEIGHBORHOOD COMMERCIAL, WE INCREASED THE MAXIMUM BUILDING COVERAGE FROM 30 TO 35, AGAIN, BECAUSE WE COMBINED IT WITH RESTRICTED COMMERCIAL. SO WE DIDN'T WANT TO CREATE ANY NONCONFORMITIES. LISA TALKED EXTENSIVELY ABOUT THE PUD. ONE THING THAT WAS NOT MENTIONED IS THAT TODAY IN THE CODE YOU HAVE PLANT, COMMERCIAL DEVELOPMENT, PLANT, COMMUNITY REDEVELOPMENT, DEVELOPMENT PLAN, MIXED USE AND PUD. AND WHENEVER YOU DO A PUD, BASICALLY YOU COME AND PROPOSE STANDARDS ANYWAY. SO IT DIDN'T MAKE SENSE TO HAVE SO MANY DISTRICTS IN THE IN THE CODE. SO THEY'RE ALL PUDS NOW IN THE FUTURE. THEY ALL HAVE IF, IF WE IF YOU HAVE ONE ALREADY APPROVED, THEY HAVE THE DEVELOPMENT AGREEMENT IN PLACE. AND THAT'S NOT GOING TO CHANGE WHATEVER THEY WERE GRANTED THEY KEEP. BUT IF THEY'RE GOING TO MAKE ANY CHANGES THEY WOULD COME IN SUBJECT TO THE PUD GENERAL PUD ORDINANCE. AND I AND I WANT TO EMPHASIZE AGAIN THAT WE HAVE ONE PMU IN OUR CITY AND IT'S ALREADY DEVELOPED, SO IT WILL CONTINUE TO BE PMU. WE HAVE ONE. WHAT IS IT, PCR? IT'S NOT PCR, BUT IT'S PCR. THAT IS IN OUR CITY THAT IS ALREADY DEVELOPED AND THERE IS NO, NO OTHER. SO WE'RE NOT AFFECTING ANY LANDOWNERS IS WHAT I WANT TO EMPHASIZE TO YOU. HAVE ANY PCDS IN THE CITY? THOSE ARE PLANNED COMMUNITY DEVELOPMENTS. SO I JUST WANT YOU TO KNOW THAT WITH THESE CONSOLIDATIONS, WE ARE NOT AFFECTING ANY PROPERTY OWNERS, BECAUSE THAT'S VERY IMPORTANT WHEN WE'RE MODIFYING ZONING AREAS. AND THAT WAS THE PUD CHANGES THAT LISA ALREADY TALKED ABOUT. WHAT I WANT TO TALK ABOUT IS THIS SECTION IN THE ZONING CODE WHERE WE TALK ABOUT SPECIFIC DEVELOPMENT TYPES. SO THERE IS A BRAND NEW ONE THAT WE'RE PROPOSING AND IT'S CLUSTERED SUBDIVISIONS. SO SOMETIMES IF YOU HAVE TEN ACRES TEN ACRES LET YOU HAVE DEPENDING ON YOUR ZONING DISTRICT, LET'S SAY I DON'T KNOW, TWO UNITS PER ACRE OR SOMETHING LIKE THAT. THEY COULD EITHER DIVIDE THE TEN ACRES INTO THE NUMBER OF LOTS THAT THEY CAN HAVE, OR THEY CAN CLUSTER THOSE LOTS, ALLOWING THEM TO HAVE SMALLER LOTS. BUT IN RETURN, WE GET A LOT MORE OPEN SPACE. [01:40:02] WE PUT IN PROVISIONS TO PROTECT THE NEIGHBORS, TO MAKE SURE THAT THEY DON'T END UP WITH VERY TINY LITTLE LOTS, TO MAKE SURE THAT THE OPEN SPACE IS NOT LITTLE PIECES LEFT OVER ON THE LOT. SO IT IS SOMETHING NEW THAT WE'RE PROPOSING, AND IT'S NOT SOMETHING THAT WE'RE GOING TO IMPOSE ON ANYBODY. IT'S VOLUNTARY. IF SOMEBODY WANTS TO COME IN AND USE IT, IT'S THERE FOR THEM TO USE. NOW WE BECAUSE WE'RE THINKING THAT YOU SHOULD TEST IT FIRST. WE'RE ALLOWING THEM AS CONDITIONAL USE. SO THEY WOULD STILL COME THROUGH A PUBLIC HEARING PROCESS, WHICH IS A LITTLE BIT EASIER THAN GETTING A REZONING. BUT THEY WOULD BE PERMITTED THROUGH CONDITIONAL USE AT FIRST. NOW WHEN WE WHEN YOU ADOPT A LAND DEVELOPMENT CODE, IT'S NOT LIKE IT'S SET DONE FOR 20 YEARS FROM NOW. YOU AS YOU HAVE SEEN, YOU CAN CHANGE THE CODE MORE OFTEN. AND WHEN YOU DO A REWRITE LIKE THIS, YOU'RE GOING TO HAVE A LOT OF GLITCH ORDINANCES COMING BEFORE YOU. YOU HAVE A QUESTION? YEAH. THE THE CLUSTER. YOU SAID THAT'S FOR MAXIMUM TEN ACRES OR MINIMUM TEN ACRES. NO, NO, NO, IT'S I'M JUST SAYING, LIKE IF YOU HAVE TEN ACRES AND YOU HAVE, YOU KNOW, TWO DWELLING UNITS PER ACRE, YOU CAN EITHER SPLIT IT TO DO IT THAT WAY, OR YOU CAN CONSOLIDATE THE DEVELOPMENT IN ONE PORTION OF THE LOT OF THE CONDITIONAL USE FOR CLUSTER SUBDIVISION IS GOING TO BE ON LOW DENSITY RESIDENTIAL OR IT'S IN THE IN THE LAND USE TABLES. THERE IS A LINE THAT SAYS CLUSTER SUBDIVISION, AND IT TELLS YOU WHICH DISTRICTS YOU CAN DO THAT. AND IT'S GOING TO BE ON MOST OF THE RESIDENTIAL. I GUESS MY QUESTION IS LIKE, COULD THAT BE USED TO DEVELOP THE MAJOR GOLF COURSE AND TO THERE ARE SOME REQUIREMENTS IN TERMS OF WHAT YOU CAN DO WITH THE OPEN SPACE. SO WHEN WE IF WE GO TO THAT SECTION, IT WOULD TELL YOU WHAT YOU CAN USE THAT OPEN SPACE FOR. BUT IF YOU WANT TO WE CAN WE CAN CHECK THAT. OKAY. IT SAYS PROTECTED OPEN SPACE. PERMITTED USES. PASSIVE RECREATION AREAS. PAVED AND UNPAVED TRAILS AND EASEMENTS. PROHIBITED USES. GOLF COURSES. ROADS AND PARKING LOTS, AND STORMWATER FACILITIES. SO NO, IT'S NOT FOR A GOLF COURSE COMMUNITY. IT'S FOR A COMMUNITY THAT IS GOING TO JUST PRESERVE THE OPEN SPACE FOR CONSERVATION PURPOSES. I JUST LIKE CLARITY, LIKE THE MAJORS ISN'T A GOLF COURSE COMMUNITY. IT'S A CLOSED GOLF COURSE THAT THERE'S A LOT OF POTENTIAL PEOPLE ARE WANTING TO REZONE IT. YEAH, I MEAN, IT'S A GOLF COURSE. THEY CAN COME IN UNDER ANY OF THE OTHER OPTIONS, BUT NOT AS PART OF THE CLUSTER SUBDIVISION. SO IN THAT SAME PART OF THIS CHAPTER, WE INCLUDED THE STANDARDS FOR TOWNHOMES. BECAUSE THEY CAN BE TRICKY SOMETIMES YOU HAVE TO MAKE SURE THAT, YOU KNOW, WHEN YOU PUT SO MANY UNITS IN A ROW, WHERE ARE YOU GOING TO PUT YOUR TRASH CANS, YOUR RECYCLING BINS? WE SAW AN EXAMPLE IN ANOTHER CITY WHERE THEY HAVE TO LINE THEM UP IN FRONT OF THE HOMES BETWEEN THE GARAGES. SO, YOU KNOW, ALL THESE THINGS HAVE TO BE, YOU KNOW, SPECIFIED IN THE CODE. WE ALSO HAVE THE STANDARDS FOR MULTIFAMILY AND SOME OF THESE STANDARDS LIKE TOWNHOMES AND MULTIFAMILY. A LOT OF THE STANDARDS CAME FROM WHAT YOU ALREADY HAD IN THE CODE, BUT NOW WE HAVE THEM IN ONE PLACE AND THEN THE SECTION ON MANUFACTURING MOBILE HOMES. AGAIN, THAT'S SOMETHING THAT YOU ALREADY HAD IN THE CODE. SAME THING WITH ZERO LOT LINE DEVELOPMENTS WHICH ARE ALLOWED THROUGH PUD. AND AND ALSO JUST A NOTE THERE THAT THE ARCHITECTURAL STANDARDS WE ONLY CLEAN THEM UP A LITTLE BIT, BUT WE DIDN'T MAKE ANY CHANGES, SUBSTANTIAL CHANGES. NOW, WE HAVE TALKED ABOUT THE BAYFRONT DISTRICT A FEW TIMES. SO BECAUSE WE DON'T HAVE THE DISTRICT ANYMORE, WE NEEDED TO RENAME THOSE DISTRICTS. AND WITH THE STAFF THAT YOU HAD PREVIOUSLY, WE WERE TALKING ABOUT HOW WE SHOULD CREATE THESE MIXED USE DISTRICTS THAT WERE NOT JUST FOR THAT REDEVELOPMENT DISTRICT, BUT COULD BE USED ANYWHERE IN THE CITY. IF SOMEBODY WANTS TO COME IN AND CREATE A COMMUNITY THAT INCLUDES A TOWN CENTER LIKE LAKEWOOD RANCH OR CELEBRATION OR, YOU KNOW, ANY OF THESE COMMUNITIES THAT HAVE WHAT WE CALL THE COMMUNITY, MEANING HOMES, PARKS, SCHOOLS, AND THEN THE TOWN CENTER, THE COMMUNITY. THE MORE INTENSIVE PART. THIS GIVES YOU A TOOL TO DO THAT WITHOUT HAVING TO GO THROUGH PUD. IT'S A REZONING TO THAT TYPE OF DISTRICT. AND WE HAVE STANDARDS IN TERMS OF, YOU KNOW, OPEN SPACE, MIX OF USES, DENSITIES, INTENSITIES, AND THESE ARE SOME OF THE MOST THE HIGHEST DENSITIES THAT YOU ALLOW IN THE CITY IN THESE TWO DISTRICTS. AND THAT'S BASED ON THE COMPREHENSIVE PLAN. AGAIN, THIS IS NOT, YOU KNOW, IMPOSING ANYBODY TO TO TO USE IT. IT'S JUST GOING TO BE AVAILABLE FOR PEOPLE TO, TO USE IT IF THEY WANT TO. SO WE TALKED ABOUT BONUSES AND INCENTIVES. SO WE CONSOLIDATED SOME OF WHAT THE CITY ALREADY HAD AND CREATED A TABLE. BUT BASICALLY WHAT WE WERE, YOU KNOW, CONVERSATION THAT WE'RE HAVING WITH THE CITY. [01:45:03] WHAT DOES THE CITY WANT THAT WE'RE WILLING TO GIVE SOMETHING TO THE DEVELOPER SO WE CAN GET IT? WE WANT VERTICAL MIXED USE BECAUSE THAT CREATES COMMUNITY. IT CREATES A SUSTAINABLE ENVIRONMENT. WE WANT AFFORDABLE HOUSING. WE WANT PUBLIC OPEN SPACE. AND NOTICE IT'S PUBLIC OPEN SPACE, NOT GATED IN A IN A SUBDIVISION. WE WANT PARKING GARAGES WHEREVER THEY ARE NEEDED. WE WANT WATERFRONT ACCESS. WE WANT LOW IMPACT GREEN AND BUILDING DESIGN EMERGENCY STORM SHELTERS THAT CAME FROM THE COMPREHENSIVE PLAN THAT IT WOULD BE IDEAL IF WE HAD MORE OF THESE LIVING SHORELINE TECHNIQUES CO-LOCATION OF WATER DEPENDENT AND WATER RELATED USES. SO THIS TABLE, BASICALLY THE FIRST COLUMN, IT TALKS ABOUT THE PROPOSED FEATURE, ALL THE THINGS THAT WE TALKED ABOUT. THAT'S WHAT THE CITY WANTS. THE NEXT 3 OR 4 COLUMNS IS WHAT THE DEVELOPER WOULD WANT. I WANT MORE DENSITY. I WANT LESS PARKING. I WANT EXPEDITED REVIEW. SO IT'S A GIVE AND TAKE. YOU GIVE US VERTICAL MIXED USE. WE GIVE YOU MORE UNITS. YOU GIVE US, YOU KNOW, PARKING STRUCTURE. THEN WE'RE GOING TO GIVE YOU, YOU KNOW, SOMETHING ELSE. SO THIS IS A TABLE THAT PEOPLE WOULD USE TO COME IN AND REQUEST MAYBE MORE DENSITY OR LESS PARKING. SO WE MOVE ON TO THE NEXT CHAPTER, WHICH IS 174. AND THIS CHAPTER IS WHERE WE HAVE STANDARDS FOR SPECIFIC USES. SO NUMBER ONE WE HAVE TEMPORARY USES. LET ME SEE. WELL, WE STARTED WITH ACCESSORIES. SORRY. SO THIS IS WHERE WE HAVE THE STANDARD FOR ACCESSORY USES. SO IT'S LIKE WHAT THE VARIOUS THAT WE, THAT YOU CONSIDER EARLIER TODAY. THIS IS WHERE WE WOULD HAVE THOSE STANDARDS IN ONE PLACE. GENERAL REQUIREMENTS AND THEN STANDARDS FOR ACCESSORY DWELLING UNITS, STANDARDS FOR AIR CONDITIONING UNITS. BACKYARD CHICKENS. DOGS IN RESIDENTIAL DISTRICTS. FENCES AND WALLS. HOME OCCUPATIONS WHICH WE HAD TO CHANGE BECAUSE THE STATUTES CHANGED. AND NOW THEY DON'T ALLOW US TO BE AS STRICT AS WE AS WE USED TO BE. SO WE HAD TO MAKE THAT A LOT MORE FLEXIBLE BASED ON STATUTES. OUTDOOR DINING. THIS IS WHERE YOU HAVE THE STANDARDS FOR THAT OUTDOOR DISPLAY OF MERCHANDISE PIERS, DOCKS AND BOATHOUSES, PIGEONS, ALL OF THIS STUFF CAME FROM OTHER PLACES. WE'RE JUST CONSOLIDATING THEM IN ONE PLACE. SECURITY DWELLING FOR TEMPORARY USES. WE HAD ALSO A FEW LIKE THE MODEL HOMES AND DISPLAY GROUPS, MOBILE FOOD BANK, MOBILE FOOD VENDORS, AND THIS IS SOMETHING THAT THE CITY ATTORNEY'S OFFICE WANTED TO CLEAN UP. AND THEY WROTE THE LANGUAGE. WE INCORPORATED THAT INTO THE CODE. SO AT LEAST, YOU KNOW, YOU KNOW, LIKE FOR FOOD TRUCKS OR, YOU KNOW, ICE CREAM TRUCKS, YOU KNOW, YOU KNOW THE DIFFERENCE AND YOU KNOW HOW TO PROCESS THE THOSE PERMITS. WE ALSO HAVE TEMPORARY MOBILE MOBILE HOMES FOR OFFICE USE STORAGE UNITS IN RESIDENTIAL. SO JUST GO BACK ONE SECOND. SO BASICALLY THE ZONING CHAPTER, REMEMBER THERE WAS A COLUMN THAT SAID C SECTION, WHATEVER. SO THAT'S WHERE THOSE SECTIONS ARE. THIS IS WHERE THEY COME TO FIND OUT WHAT THE ADDITIONAL STANDARDS WOULD BE. AND WE CONTINUE. NOW WE GO TO PART THREE, WHICH INCLUDES USES THAT ARE NOT TEMPORARY. THERE ARE NOT ACCESSORY, THERE ARE JUST THE PRINCIPAL USES. AND WE HAVE STANDARDS FOR ALL THOSE ADULT ENTERTAINMENT, AGRICULTURAL PRODUCTION, CHURCHES, CREMATORIUMS, FUEL STATIONS. A LOT OF THESE WE ALREADY HAD THE STANDARDS IN THE CODE. WE JUST PUT THEM IN IN A PLACE WHERE THEY THEY BELONG. THEN WE MOVE ON TO CHAPTER 175. THIS IS THE TREE PROTECTION AND LANDSCAPING CHAPTER. AND LIKE WHAT I'VE ALWAYS SAID, WHEN WE DEAL WITH THIS TYPE OF CODE, SOMETIMES THEY CALL IT THE LANDSCAPING CHAPTER. AND WE NEED TO STRESS THAT THE NUMBER ONE PRIORITY IS PROTECT TREES, DO EVERYTHING POSSIBLE TO PROTECT THE TREE, AND THEN DO ALL THE LANDSCAPING THAT YOU'RE REQUIRED TO DO. SO WE STARTED WORKING ON THIS CHAPTER. THEN STAFF HELPED MAKE IT BETTER. THEY TOOK ESPECIALLY THE TREE PRESERVATION CODE AND THE TREE REMOVAL, GRUBBING AND SIDEWALK PERMITTING. AND THEY REWROTE THIS SECTION. THE PURPOSE OF REWRITING IT WAS TO MAKE SURE THAT PEOPLE KNOW EXACTLY WHAT TYPE OF PERMIT THEY NEED FOR THE DIFFERENT TYPES OF ACTIVITIES THAT YOU NORMALLY HAVE RELATED TO, TO LANDSCAPING. SO THERE WAS A LOT OF WORK WITH STAFF WORKING ON THIS. AND THEN PART THREE IS BASICALLY THE SECTION THAT TELLS YOU YOUR LANDSCAPING REQUIREMENTS. IF YOU'RE GOING TO DEVELOP A DRIVE THROUGH RESTAURANT OR IF YOU'RE GOING TO PUT IN A SUBDIVISION OR A MULTIFAMILY, THAT'S WHERE YOU WOULD GO AND THAT'S WHERE IT TELLS YOU HOW [01:50:04] MANY TREES YOU HAVE TO PUT IN, WHAT KIND OF QUALITY. WE INTRODUCE THE FLORIDA FRIENDLY LANDSCAPING YOU KNOW, ALL THE INSTRUCTIONS ON HOW TO LANDSCAPE YOUR SITE. AND WE HAVE ANOTHER SLIDE HERE THAT TALKS ABOUT THE MAJOR CHANGES. SO AS I MENTIONED, REORGANIZATION, INTRODUCING THE FLORIDA-FRIENDLY LANDSCAPE LIST, WHICH IS WHAT EVERYBODY ELSE IN FLORIDA IS USING. WE HAVE REQUIREMENTS FOR STREET TREES IN SUBDIVISIONS. THERE IS A TABLE THAT EXPLAINS WHAT THE BUFFERS AND PERIMETER LANDSCAPING REQUIREMENTS ARE. RIGHT NOW, THEY'RE JUST SPELLED OUT IN NARRATIVE FORM, AND IT'S HARD TO UNDERSTAND IT. WE INTRODUCED THE CONCEPT OF STREET WALLS. SO WHEN YOU HAVE PARKING LOTS THAT NEED TO BE HIDDEN, THAT'S SOMETHING THAT YOU CAN USE AND CLARIFY THE REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS. NEXT CHAPTER. NOW WE'RE GOING FASTER. THIS IS GOOD. QUESTIONS? SURE. CAN YOU TALK A LITTLE BIT ABOUT THE PERMITTING PROCESS FOR SINGLE FAMILY LOTS THAT ARE UNDER A QUARTER ACRE AND WHAT LIKE THE TREE SURVEY LOOKS LIKE. DO YOU WANT TO TALK ABOUT? IT'S JUST THE THE SITE PLAN FOR THE DEVELOPMENT AND THEN DRAWING THE TREES. IS IT DOES IT REQUIRE. IT'S NOT IT'S NOT LIKE FOR COMMERCIAL DEVELOPMENT WHERE IT HAS TO BE SURVEYED. AND SO IT'S LIKE THE BUILDER OR THE HOMEOWNER, IF THEY WANT TO CLEAR THEIR LOT, THEY JUST GO OUT THERE AND SAY, I HAVE TEN TREES THAT ARE SIX INCHES WIDE AND AND THEY CAN SUBMIT IT. HOWEVER, PLEASE BE AWARE THAT WE NO LONGER ALLOW LOTS TO BE CLEARED WITHOUT A BUILDING PERMIT APPROVAL SO YOU CAN NO LONGER GO AND PURCHASE A LOT AND JUST CLEAR CUT IT AND LET IT SIT FOR THE NEXT FIVE YEARS. IF YOU HAVE TO HAVE THE INTENTION OF BUILDING ON THE LOT. AND SO BY SUBMITTING AND GETTING AN APPROVED BUILDING PLAN, THEN YOU CAN BEGIN YOUR CLEARING OF THE PROPERTY. THAT'S A MAJOR CHANGE THAT WE MADE AT THE REQUEST OF THE COMMUNITY AND THE COUNCIL. BUT THE PROCESS FOR A BUILDING PERMIT REQUEST FOR A QUARTER ACRE LOT OR LARGER HASN'T CHANGED. THEY STILL HAVE TO SUBMIT THE EXACT SAME INFORMATION, WHICH HAS ALWAYS BEEN WHERE ARE YOUR TREES? AND BECAUSE YOU HAVE TO REPLACE IT WITH A CERTAIN NUMBER OF TREES FOR ANY TYPE OF RESIDENTIAL INFILL LOT, THAT HASN'T CHANGED. CORRECT? CORRECT ME IF I'M WRONG. SAME NUMBER. MY STAFF HAS TO KEEP ME HONEST. SAME NUMBER. MR. AND MRS. SMITH OWN A LOT AND THEY BOUGHT THE LOT NEXT DOOR, THEY WOULD NOT BE ALLOWED TO CLEAR IT. WHY? IF THEY WANTED TO CLEAR IT. FOR WHAT PURPOSE? TO BUILD A SHED OR TO AN ACCESSORY STRUCTURE. PROPERTY RIGHTS. USE OF PROPERTY. PARKING OF TRAILERS. PUTTING A SHED ON IT. LIKE JUST. THEY JUST HAVE TO THEY PRESENT WHERE THEY WANTED TO PARK AND TREE PROTECT YOU DO A TREE REMOVAL PERMIT AND GRUBBING IS ANOTHER. YOU'RE SAYING A BUILDING PERMIT IS REQUIRED TO DECLARE THAT LOT TO CLEAR A LOT TO CLEAR A LOT. THEY DON'T HAVE ANY INTENTION ON BUILDING ON IT. IT'S JUST A SECONDARY LOT JUST TO CREATE MORE GREEN SPACE, MAYBE FOR THEIR KIDS TO PLAY AROUND AND RUN AROUND IN IF THEY'RE JUST CLEARING AN AREA, AS THEY WOULD JUST SUBMIT FOR A TREE REMOVAL, A TREE REMOVAL, RIGHT? YEAH, YOU CAN STILL DO THAT. SO IF IF YOU BOUGHT THE LOT NEXT DOOR AND YOU WANT TO PLANT FRUIT TREES OVER THERE, WHAT, YOU WANT TO RIP OUT THE OAK TREES. IS THAT OKAY. YOU'D HAVE TO SUBMIT A TREE PRICK. I'M SORRY. TELL ME WHAT IT IS. A TREE REMOVAL PERMIT. AND THAT'S, THAT'S, THAT'S ALREADY STANDARD IN THERE THAT YOU HAVE TO DO A TREE REMOVAL PERMIT. LOOKING LOOKING FOR CLARITY TOO ON SINGLE FAMILY LOT BUILDERS GOING TO BUILD. THEY GET A DESIGN. IT'S A SEPTIC HOME, YOU'RE TRYING TO PRESERVE TREES, BUT SEPTIC DESIGN REQUIRES YOU TO IMPORT 45FT OF FILL. CORRECT. HOW DO YOU PRESERVE A TREE? WELL, YOU CAN'T, AND ON THE SMALLER LOTS YOU CANNOT. AND THAT'S THAT'S PART OF YOUR BUILDING PERMIT. AND THEN YOU GET THE BUILDER, THE HOMEOWNER THROUGH, YOU KNOW, END USER OWNER BUILD. THEY GET TAXED ON THOSE TREES THAT THEY CAN'T PRESERVE DUE TO THE TAX. THAT'S WHAT I'M LOOKING FOR CLARITY LIKE. SO OKAY. BASICALLY PAYING YOU HAVE TO REPLENISH IT WITH NEW TREES. I CONSIDER THAT A TAX. YOU YOU ALWAYS HAVE TO REPLACE A CERTAIN AMOUNT OF TREES, LANDSCAPE TREES IN ANY IN ANY NEW BUILDING AND NEW BUILDING ON A LOT NEW RESIDENTIAL HOME. YOU HAVE TO IN THE LOTS THAT ARE SMALL, LIKE YOU SAID, QUARTER ACRE. AND WITH THE SEPTIC REQUIREMENTS OF THE HEIGHT OF THE OF THE FIELD. AND THEN, OF COURSE, YOUR FORM BOARDS AND A LOT OF AREAS FOR THE HEIGHT OF THE HOME ITSELF AND THE DRAINAGE. NO, YOU CANNOT PRESERVE ANY TREES. HOWEVER, IT'S ALWAYS BEEN IN THE CODE THAT YOU HAVE TO REPLACE. YOU HAVE A CERTAIN AMOUNT OF REPLACEMENT TREES PLANTED FOR THOSE AREAS, THOSE LOTS THAT ARE LARGER THAT MAY BE ABLE TO ACCOMMODATE [01:55:05] PRESERVATION OF SOME OF THE TREES ON THE LOTS. THAT GIVES YOU CREDIT FOR ANY OF THE TREES THAT YOU HAVE TO REPLACE. AND SO IT'S NOT PUNITIVE. THEY GET CREDIT FOR THE PRESERVATION OF THOSE TREES. MY UNDERSTANDING IS THE OLD CODE. IT'S AN ACRE OR MORE. NOW THE NEW CODE, IT'S JUST BASIC SINGLE FAMILY LOTS. THERE'S REALLY IT'S IMPOSSIBLE WITH THE DRAINAGE REQUIREMENTS, THE SEPTIC REQUIREMENTS, SETBACK REQUIREMENTS AND CONSTRUCTABILITY. YOU CAN'T PRESERVE ANY TREES. THEN YOU START PLANTING THE SAME FOUR TREES THAT YOU'RE REQUIRED. THE ONLY DIFFERENCE IS THAT NOW THERE'S AN INCENTIVE TO RETAIN A TREE. SO NOW IF YOU KEEP A TREE THAT'S OVER 18IN D.B.H. LET'S SAY YOU'RE GETTING CREDIT FOR FOUR TREES. YOU DON'T HAVE TO PAY ANY TREES BECAUSE YOU SAVE THAT CANOPY TREE. IT'S REALLY THE SAME REQUIREMENT STILL STANDS. IT'S JUST PROVIDING AN INCENTIVE TO RETAIN TREES. IF YOU KEEP ONE BIG OAK TREE IN THE BACK CORNER, YOU DON'T NECESSARILY HAVE TO PLANT ANY OTHER BUSHES OR TREES, POTENTIALLY, DEPENDING ON HOW THE CREDITS WORK. IT'S STILL THE FOUR TREES, RIGHT? CORRECT? CORRECT. YEAH, YEAH, EVERYONE, YOU'LL HAVE A CHANCE TO COMMENT WHEN THIS IS OVER. YOU'LL HAVE EVERYONE WILL HAVE A CHANCE TO COMMENT. AND I THINK WHAT WAS SAID THAT IF LIKE I MENTIONED BEFORE, THE MAIN PURPOSE OF THIS CHAPTER IS TO PRESERVE EXISTING TREES. THAT'S THE NUMBER ONE THING. BUT WE UNDERSTAND THAT SOMETIMES PEOPLE WANT TO COME IN. THEY DON'T LIKE THE TREES THAT ARE THERE. THEY WANT TO DO DIFFERENT TREES. SO TO INCENTIVIZE THEM TO KEEP WHAT'S THERE, IF THEY HAVE A NICE BIG OLD OAK TREE IN THE BACK, IT MAY BE WORTH SO MANY POINTS THAT YOU NOW DON'T HAVE TO PROVIDE THE FOUR THAT ARE REQUIRED. MAYBE NOW IT'S ONLY TWO OF THEM, PROVIDED THAT THEY PRESERVE THAT BIG OAK TREE THAT IS IN THE BACK. NOW, IF THEY TAKE DOWN THAT OAK TREE NOW, THEY HAVE TO PROVIDE THE FOUR THAT ARE REQUIRED. IF YOU'RE BUILDING A HOUSE AND YOU'RE PUTTING IN AND YOU'RE CLEAR, YOU HAVE TO CLEAR CUT ALL OF IT. YOU STILL HAVE TO PUT THE SAME FOUR TREES. THAT DOESN'T CHANGE. THE ONLY THING THAT CHANGES IS NOW THERE'S AN INCENTIVE TO RETAIN A BIGGER TREE, WHERE IT USED TO ONLY COUNT AS ONE TREE. IT DOESN'T SEEM FAIR. I MEAN, ALSO A PERMIT AND ADDITIONAL SURVEY THAT THAT CHANGES ALSO. THAT'S NOT. I HAVE A QUESTION. WHAT IF THE ORIGINAL TREES THAT WERE PUT IN WHEN THE HOUSE WAS BUILT HAVE INFILTRATED YOUR SEPTIC, AND YOU HAVE TO CHOP THEM DOWN? DO YOU HAVE TO REPLACE THOSE TREES? WELL, SO THE FLORIDA STATUTE CHANGED SEVERAL YEARS AGO, AND THE STATE STATED THAT YOU CANNOT DENY SOMEONE THE REMOVAL OF A TREE IF IT'S CREATING A HAZARD. RIGHT. OR IF IT'S, YOU KNOW, OBVIOUSLY DEAD. SO YOU CANNOT PROHIBIT THAT. WE CANNOT PROHIBIT THE REMOVAL OF TREES THAT ARE IN THE WAY OF THE BUILDING ITSELF, OR OF THE DRAIN FIELD. THAT IS NOT THE DESIGN OF THIS. THAT IS NOT THE DESIRE OF THIS. THIS IS JUST TO PRESERVE SOME OF THE REMAINING CANOPY THAT IS IN THIS CITY. AND IT'S GETTING SMALLER EVERY DAY. SO THIS IS ONE OF THE CHANGES THAT WERE MADE THAT REALLY MAKES IT JUST IT'S NOT EVEN A BIG CHANGE. IT'S JUST MAKES IT MORE CLEAR WHAT YOU CAN DO ON YOUR. AND THESE ARE REALLY IN RELATION TO THE INFILL LOTS THAT ARE OCCURRING IN OUR NEIGHBORHOODS. SO WE NO LONGER ALLOW ANYTHING AN ACRE OR LESS TO JUST BE CLEAR CUT WITHOUT A BUILDING PERMIT. AND THAT HAS THEY HAVE ALWAYS REQUIRED TREES TO BE PLANTED BACK ON THESE SITES. THIS IS JUST GIVING THE INCENTIVE, AS KIM HAS STATED, THAT IF YOU PRESERVE SOME OF THE TREES, YOU MAY NOT HAVE TO REPLACE SOME OF THE TREES. AND IF YOU CAN'T BECAUSE OF YOUR SEPTIC FIELD OR SOME NATURE OF THE BUILDING AND THE DESIGN OF THE PROPERTY, THEN THAT'S FINE. YOU DON'T HAVE TO PRESERVE THEM, YOU JUST HAVE TO REPLACE. AND THAT'S ALWAYS BEEN IN THE CODE. OKAY, I JUST TO CLARIFY, YOU KNOW, IT SAYS IT REQUIRES A SITE A SITE SKETCH. YOU GOT TO INDICATE WHICH TREES ARE PROPOSED FOR REMOVAL. LIKE WHAT IS THE TYPE OF TREE THAT IS BEING REMOVED? LIKE WHERE IS IT LOCATED ON THE SITE YOU HAVE TO SHOW STRUCTURES, ROADS, SURFACE WATER, LIKE I DON'T LIKE. THAT'S A PROFESSIONAL SERVICE. I JUST WANT CLARITY. LIKE YOU GUYS ARE SAYING, IT'S NOT, BUT I FEEL LIKE IT IS. YOU HAVE TO SURVEY THE PROPERTY. BOUNDARY SURVEY. TOPO. TYPICALLY. WHAT IS THE PERMIT FEE ASSOCIATED TO THIS OR CHANGE? [02:00:07] I BELIEVE IS $25. 25 FOR TREE REMOVAL. 25 FOR GRUBBING AND 25 FOR NO SITE SITE CLEARING. YOU DON'T HAVE TO BECAUSE YOU GET A BUILDING PERMIT. NO, IT DOES SAY SITE SKETCH NOT SURVEY. SO YEAH, JUST LIKE TO CLARIFY THIS. YOU KNOW, THIS OAK TREES TEN FEET IN FROM SOUTHWEST CORNER LIKE LIKE THAT. YEAH. JUST FEEL LIKE THERE'S MORE CLARITY. AND WE WILL HAVE AN EXAMPLE. TO SHOW THE GENERAL RELATION. YOUR DRIVE, THE SQUARE OF YOUR HOUSE DOT DOT WHERE THE TREES ARE AND X OVER THE ONE YOU WANT TO TAKE OUT. SIMPLE. OH, I'M SORRY, MR. JAFFE. IS THERE ANYTHING ELSE YOU'D LIKE TO CLARIFY WITH ANY FURTHER? OKAY. CONTINUE, PLEASE. ALL RIGHT. NEXT CHAPTER. STREETS, PARKING AND LOADING. SO THIS IS WHERE YOU GO TO FIND OUT HOW TO DESIGN A STREET IN A SUBDIVISION. SIDEWALKS. SO THE SIDEWALKS PART. THIS IS SOMETHING THAT IS NEW IN THE CODE. THE COMPREHENSIVE PLAN SAID THAT WE NEEDED TO ACCOMMODATE PEDESTRIAN TRAFFIC. SO NOW WE HAVE A SECTION THAT TALKS ABOUT IF YOU DO A COMMERCIAL DEVELOPMENT, YOU HAVE TO HAVE CONNECTIONS TO THE PUBLIC SIDEWALK. YOU HAVE TO MAKE SURE THAT THE PEDESTRIANS ARE SAFE WITHIN THE SITES. A LOT OF THE OTHER LANGUAGE WAS, WAS THERE JUST CONSOLIDATED FOR DRIVEWAYS AND THING. NOT A LOT OF CHANGES. TRANSIT. THIS IS SOMETHING THAT CAME FROM THE COMPREHENSIVE PLAN TWO. AGAIN, AS THE CITY GROWS, IF TRANSIT GETS MORE YOU KNOW, NEEDED AND PROVIDED, LARGE DEVELOPMENTS WILL BE REQUIRED TO PROVIDE ACCESS TO TRANSIT FACILITIES OR BUS STOPS OR, YOU KNOW, DIFFERENT TYPES OF, OF FACILITIES. AND THEN FOR OFF STREET PARKING THE TABLE TODAY IS NOT VERY USER FRIENDLY. SO STAFF ACTUALLY TOOK THE TIME TO CREATE A TABLE BASED ON THE IT THE INSTITUTE INSTITUTE OF TRANSPORTATION ENGINEERS MANUAL. SO WE HAVE NEW PARKING STANDARDS WITH THE A LIST OF USES THAT MAKES MORE SENSE. AND WE COMPARED AND THEY'RE SIMILAR TO WHAT WE HAVE TODAY. AND IN SOME CASES IT WAS A REDUCTION. SO THIS IS FOR THE SUBDIVISIONS. THIS IS FOR OLD USES STARTING WITH SINGLE FAMILY. YOU KNOW, THE REQUIREMENT TO HAVE A TWO CAR GARAGE OR SOMETHING LIKE THAT GOING TO LIKE RESTAURANTS. WHAT ARE THE REQUIREMENTS FOR RESTAURANTS? MULTIFAMILY. YOU KNOW HOW TO CALCULATE THAT LIKE MULTIFAMILY. TODAY IS JUST ONE STATEMENT. SO MANY SPACES PER UNIT. WE BROKE IT DOWN INTO BEDROOMS, NUMBER OF BEDROOMS BECAUSE IT'S NOT FAIR TO HAVE A THREE BEDROOM APARTMENT WITH THE SAME PARKING SPACES AS A ONE BEDROOM APARTMENT. SO WE CREATED THAT. I MEAN, AS WE LOOK AT LIKE, WELL, I'M LOOKING AT LIKE THE CLUSTER SUBDIVISIONS, I CAN'T IMAGINE HOW THAT'S GOING TO TURN OUT, BUT ALSO WITH LIKE SOME OF THE SUBDIVISIONS, LIKE WE HAD A CAYCE I THINK LAST MONTH WHERE THE SUBDIVISION, THE STREETS WERE SO NARROW THAT IT WAS NO WAY FOR EMERGENCY VEHICLES TO EVEN COME DOWN IN THERE. BUT WE DON'T HAVE ANYTHING REALLY IN THE CODE THAT THAT TALKS ABOUT THE WIDTH OF THE STREET AND HOW WIDE THE STREET SHOULD BE BETWEEN ONE HOUSE TO ANOTHER HOUSE. SO THAT HAS ALSO HAS BEEN A PROBLEM. BUT THAT'S NOT EVEN ADDRESSED IN THE. YEAH. WE DID NOT MAKE ANY CHANGES TO THAT. THAT'S NOT SOMETHING THAT, YOU KNOW, WAS NOT PART OF WHAT WE WERE DOING. OKAY. STREET WIDTH IN TERMS OF, YOU KNOW, IF YOU HAVE PEOPLE PARKING ON THE STREET, YOU DON'T HAVE ROOM FOR EMERGENCY VEHICLES GOING THROUGH. SO I MEAN, IT'S SOMETHING THAT CAN BE STUDIED. I THINK SO I THINK IT'S SOMETHING THAT NEEDS TO BE. AND IN THOSE SUBDIVISIONS, IT'S REALLY UP TO THE HOA IF THEY ALLOW ON STREET PARKING OR NOT, YOU KNOW, ALLOWING OVERNIGHT PARKING IN THE STREETS OR NOT. SO AS A CITY, WE CAN'T WE AS A CITY AND A SUBDIVISION, WE WOULDN'T REALLY REGULATE THAT NOW OR NOTHING. BUT IT'S A GOOD POINT WHEN IT COMES ACROSS, EVEN AS A PRELIMINARY. I MEAN, THE WIDTH OF THE STREET IS SOMETHING THAT COULD BE IN THE CODE, BUT IF THE STREET IS PUBLIC, WHAT? I'M TRYING. YEAH, THAT'S WHAT I'M TRYING TO SAY, IS THAT IN A PRIVATE SUBDIVISION WITH PRIVATE STREETS, WE CAN'T REGULATE THAT. IF IT'S A PUBLIC STREET, YES, WE CAN REGULATE IT. AND THEN IT SHOULD BE A MINIMUM WIDTH MAYBE IN THE PUBLIC WORKS. I JUST HAD A QUESTION OR A COMMENT. IT SAYS MINIMUM REQUIREMENT IS A TWO CAR GARAGE ELSEWHERE. AND THE CODE IT SAYS YOU CAN ACTUALLY BUILD OUT YOUR GARAGE IN THE FUTURE, THAT YOU CAN ACTUALLY BUILD IT OUT, GET A PERMIT TO BUILD OUT YOUR GARAGE. SO IT'S LIKE JUST CONFUSING THAT YOU'RE REQUIRED ON A NEW CONSTRUCTION TO TO BUILD A HOME WITH THE TWO CAR GARAGE, BUT IN THE FUTURE YOU CAN ACTUALLY BUILD IT OUT TO LIVABLE SPACE. [02:05:08] YEAH, BUT THERE IS A CAVEAT WITH THAT. IT'S NOT LIKE YOU CAN JUST GET RID OF YOUR GARAGE. I MEAN, I READ IT EARLIER TODAY, I DON'T KNOW WHAT PAGE IT'S ON. AND THAT'S SOMETHING, AGAIN, THAT IT WAS NOT SOMETHING THAT WE NEEDED TO CHANGE BECAUSE OF THE COMPREHENSIVE PLAN. SO WE FIGURED IS THE AUDIENCE REQUIRED FOR THAT? NO, THAT WAS ONE OF THOSE THAT STAFF SAID, WE NEED TO DO THAT. LIKE I MENTIONED, IT WAS THREE THINGS ORGANIZATION, CONTENT, DIRECTIVES AND SECTIONS THAT STAFF WANTED TO ADDRESS AT THIS TIME. SO I MEAN, IF THAT'S SOMETHING THAT SHOULD BE REOPENED, THAT'S SOMETHING THAT YOU CAN REOPEN AT ANY TIME. THE STREET WITH, YOU KNOW, GARAGES, GARAGE CONVERSIONS, YOU KNOW, IT CAN BE CHANGED LATER. AND WHEN WE WENT THROUGH THIS EXERCISE, THERE WERE A LOT OF OTHER THINGS THAT STAFF WANTED TO DO. AND AT ONE POINT WE SAID THERE'S GOING TO BE A PHASE TWO. THERE ARE SOME ITEMS THAT WE JUST CANNOT ADDRESS IN ONE YEAR. LET'S WAIT AND DO THOSE LATER. SO THE NEXT CHAPTER IS THE ACTUAL DESIGN OF SUBDIVISIONS AND SITES. SO BASICALLY YOU KNOW, HOW TO DESIGN A SUBDIVISION IN TERMS OF UTILITIES, ACCESS, FRONTAGE ON STREET WATER AND SEWER CONNECTIONS NATURAL, HISTORIC FEATURES. YOU KNOW, ALL THOSE PROVISIONS. THE PART THAT IS NEW HERE IS THE REQUIREMENT FOR A COMMON OPEN SPACE, WHICH IS WHAT WE SAID COMES FROM THE COMPREHENSIVE PLAN. THE SECOND PART OF THIS CHAPTER IS THE STORMWATER MANAGEMENT AND CONSERVATION PROVISIONS. WE WORK VERY CLOSELY WITH PUBLIC WORKS AND THEY HAD SOME CHANGES TO THIS SECTION, BUT I BELIEVE IT WAS MAINLY TERMINOLOGY I DON'T THINK THEY MADE ANY CHANGES THAT WOULD BE SUBSTANTIAL. AND YOU KNOW, WHEN IT COMES TO STORM WATER, WE HAVE TO RELY ON STATE AGENCIES ANYWAY OR WATER MANAGEMENT DISTRICT. AND THEN LIGHTING STANDARDS ARE ALSO INCLUDED IN THIS CHAPTER. THESE TWO CHAPTERS, 178 AND 180, WE DIDN'T TOUCH THEM EXCEPT FOR NUMBERING. WE HAD TO RENUMBER SOME SECTIONS, AND IN THE CASE OF THE SCIENCE CHAPTER, WE NEEDED TO FIX A REFERENCE TO CODE ENFORCEMENT. IT'S NOT A BOARD, IT'S A SPECIAL MAGISTRATE NOW. BUT STAFF DIDN'T WANT US TO TO TOUCH THAT CHAPTER. AND THEN SAME THING WITH THE ADULT ENTERTAINMENT CODE. WE DIDN'T WANT TO OPEN A CAN OF WORMS, SO WE JUST LEFT IT THE WAY IT IS, MOVED IT TO 180 AND IT'S NOT CHANGING. AND LAST CHAPTER 179 IS NATURAL RESOURCES. AND A LOT OF THIS AGAIN IS STATE REQUIREMENTS. BUT THERE IS THE WHOLE SECTION ON FLOODPLAIN MANAGEMENT THAT AGAIN PUBLIC WORKS LOOKED AT IT. THERE WERE SOME MINOR CHANGES BUT NOT CHANGING ANYTHING DRASTICALLY. AND THAT SECTION ALSO INCLUDES THE GROUNDWATER AND WELL FIELD PROTECTION. SO MICHAEL MENTIONED THAT THERE WERE SOME SECTIONS THAT ARE COMING OUT OF THE CODE, AND THIS IS THE LIST OF WHAT THOSE ARE. SO THE ONES THAT ARE MOVING TO THE CODE OF ORDINANCES ARE LISTED ON THE LEFT. THOSE GOING TO THE PUBLIC WORKS MANUAL ARE ON THE RIGHT. THE ONES ON THE LEFT ARE GOING TO BE ORDINANCES THAT WILL BE PRESENTED TO CITY COUNCIL SINCE THEY'RE COMING OUT OF THE LAND DEVELOPMENT CODE. I GUESS THEY ARE THE ONES WHO WHO HAVE TO REVIEW AND APPROVE THAT, AND THE ONES GOING TO THE PUBLIC WORKS MANUAL, SINCE IT IS NOT AN ADOPTED TYPE OF DOCUMENT, IT IS SOMETHING THAT STAFF CAN AMEND. THOSE SECTIONS WILL BE MOVED THERE. WE FELT THAT IT WAS NOT NECESSARY TO HAVE THOSE IN THE LDC. SO I MENTIONED EARLIER THAT WE CONSOLIDATED SOME DISTRICTS AND ELIMINATED SOME DISTRICTS. SO AS A RESULT OF THAT, THERE WILL HAVE TO BE SOME REZONINGS. SO WE'RE GOING TO ANY PROPERTY THAT HAS RESTRICTED RESTRICTED COMMERCIAL TODAY. OUR DISTRICT WILL THEN BE REZONED TO NEIGHBORHOOD COMMERCIAL PROPERTIES THAT HAVE THE RESIDENTIAL MULTIFAMILY TEN WILL BE REZONED TO RESIDENTIAL MULTIFAMILY 15. AND THOSE THAT HAVE SINGLE FAMILY ONE WILL BE REZONED TO RESIDENTIAL SINGLE FAMILY ONE. THOSE REZONINGS WILL BE CONSIDERED BY THIS BOARD ON SEPTEMBER 4TH, AND CITY COUNCIL WILL BE ON SEPTEMBER 19TH AND OCTOBER 17TH. THE THOSE ARE THE RESIDENTIAL DISTRICTS. AND THEN ACTUALLY RC AND NC IS COMMERCIAL, BUT THOSE ARE THOSE DISTRICTS. NOW THE MIXED USE DISTRICTS, THE THOSE RELATED TO THE BAYFRONT AREA ARE BAYFRONT MIXED USE ARE GOING TO BE COMMUNITY MIXED USE AND BAYFRONT MIXED USE VILLAGE WILL NOW BE URBAN MIXED USE AND THOSE WILL BE SCHEDULED FOR THIS BOARD OCTOBER 2ND. CITY COUNCIL OCTOBER 17TH AND NOVEMBER 7TH. SO WITH THAT, WHAT HAPPENS NEXT? [02:10:03] BASICALLY, AUGUST 7TH IS TODAY. THE PLAN IS TO GO TO CITY COUNCIL TOMORROW FOR FIRST READING, AND THEN SECOND READING WOULD BE IN SEPTEMBER. AND AT THIS POINT, IF YOU HAVE ANY OTHER QUESTIONS OR COMMENTS WE'RE ALL EARS. BOARD. ANY ANY OTHER COMMENTS? QUESTIONS? DISCUSSION ITEMS? I, I JUST WISH THAT WE'D GOTTEN THIS AT THE SAME TIME WE GOT THE OTHER DOCUMENTS, BECAUSE IT WOULD HAVE MADE A LOT MORE SENSE WHILE READING ALL THE CHANGES. BUT I DO APPRECIATE THE FACT THAT SO MUCH WORK HAS GONE INTO IT, AND SO FAR, IT APPEARS THAT THE REVISIONS WILL MAKE IT SIMPLER FOR AND EASIER FOR BOTH RESIDENTS AND CONSTRUCTION DEVELOPERS ALIKE. AND I THANK YOU GUYS FOR YOUR TIME. YEAH, I AGREE, I THINK IT LOOKS LIKE IT'S GOING TO BE MUCH BETTER ORGANIZED, I THINK, FOR PEOPLE IN THE CITY BOTH CITY STAFF AND FOR RESIDENTS, IT'S GOING TO HELP. BUT THERE IS SOME YOU KNOW, WE TALKED ABOUT SOME CHANGES. AND ONE ONE THING THAT WAS THAT WAS BROUGHT UP IN A IN A LETTER TO TO US ABOUT THE ABOUT THIS ZONING IS ABOUT LOT SPLITTING AND IT TALKED ABOUT THAT THERE. IN ORDER TO SPLIT A LOT, THERE NEEDED TO BE THERE NEEDED TO BE A CONNECTION TO CITY UTILITIES. AND OBVIOUSLY, THERE'S A LARGE PORTION OF OUR CITY THAT DOES NOT HAVE PUBLIC UTILITIES AVAILABLE TO IT WITH CITY WATER, THINGS LIKE THAT. SO COULD YOU ELABORATE ON THAT A LITTLE BIT? SO AGAIN GOING BACK TO STATE STATUTE. SO THERE'S A THE STATE HAS AND MICHAEL'S GOING TO BACK ME UP ON THIS I'M SURE. IT'S ACTUALLY THROUGH THE HEALTH DEPARTMENT. THEY HAVE STATED IT'S PART OF THEIR IT MAY BE A FLORIDA ADMINISTRATIVE CODE. I'M ACTUALLY THAT STATES THAT IF UTILITIES ARE AVAILABLE TO YOU, YOU HAVE TO CONNECT WITHIN ONE YEAR THAT AVAILABILITY. THEN IF YOU READ FURTHER IN THE CODE, IN THE EITHER FAC OR FLORIDA STATUTE, IT'S WITHIN 500FT, I WANT TO SAY. SO IF A DEVELOPMENT PUTS IN BRINGS, YOU KNOW, THE THE WATER AND THE SEWER DOWN THE STREET AND THEY CONNECT IT. AND THEN YOU HAVE A DEVELOPMENT NEXT DOOR AND YOU DO A SUBDIVISION NEXT DOOR. IT IS AVAILABLE FOR YOU TO NOW BRING IT DOWN THE STREET AND BRING IT TO YOUR DEVELOPMENT. NOW, IF YOU'RE AN INDIVIDUAL INFILL LOT AND WE KNOW THAT THERE ISN'T ANY SEWER IN THIS AREA, THEN YOU OBVIOUSLY ARE NOT COMPELLED TO HAVE TO CONNECT BECAUSE, YOU KNOW, EVEN IF IT'S A LOT SPLIT OF A, LET'S SAY, A TEN ACRE LOT, AND YOU'RE IN THAT AREA THAT DOES NOT HAVE ANY SEWER AVAILABLE, THEN YOU WOULD NOT HAVE TO BRING IT IN. THE CITY HAS HAS STATED ITS OWN POLICY THAT THEY'D LIKE EVERYONE TO BE CONNECTED. BUT AGAIN, THE FAC, THE FLORIDA STATUTE STATES THAT IT HAS TO BE AVAILABLE TO YOU. THANK YOU FOR CLEARING THAT UP. YES. SO THAT'S THE CLOSEST I CAN GET TO EDUCATING YOU ON THAT. ANY OTHER QUESTIONS FOR STAFF BEFORE WE LET THE PUBLIC COMMENT, JUST MAYBE ANOTHER COMMENT? I TOO, I CAN I CONCUR A LITTLE BIT WITH MY COLLEAGUES. I KIND OF I CAN SEE WHERE IT'S A LITTLE STREAMLINED AND CAN BE A LITTLE BIT USER FRIENDLY. I ALSO CAN SEE READING OVER LOOKING AT SOME OF THIS THAT IT'S SOMEWHAT SOMEHOW I SEE ANYWAY, WHERE IT'S GIVING THE CITY JUST A LITTLE BETTER A LEVEL OF CONTROL. AND THEN THERE LOOK LIKE THERE MAY BE SOME ACCOUNTABILITY, MAYBE TO SOME OF THESE DEVELOPERS THAT DO COME INTO THE CITY WHICH WE'VE WE'VE BEEN LACKING THAT ACCOUNTABILITY, I THINK, FOR A VERY, VERY LONG TIME WITH A LOT OF THE, THE BUILDING AND THINGS THAT HAVE BEEN HAPPENING WITHIN THE CITY. AND I THINK THAT NOW WE NEED TO REALLY BUCKLE DOWN AND START HAVING SOME OF THAT, SOME, SOME, SOME ACCOUNTABILITY. AND I THINK THE CITY NEED TO, NEED TO BE HAVE, HAVE A LITTLE BIT OF A BETTER CONTROL AND MAYBE THIS DEVICE HERE, THE, THE THESE CODES HERE WILL HELP WITH GIVING SOME OF THAT ACCOUNTABILITY THERE. SO THERE THERE ARE SOME THINGS THAT I, I HAVEN'T BEEN A MEMBER OF THIS PNC FOR FOR A WHILE. I KNOW THAT SOME OF THESE THINGS ARE GOING TO COME BACK RESURFACED, THAT WE'RE GOING TO HAVE TO LOOK AT AND, AND SEE AGAIN. [02:15:05] I MEAN, THERE'S SOME THINGS IN HERE THAT I FLAT OUT DON'T AGREE WITH, LIKE THE CHANGING OF THE BMU BECAUSE THAT'S BEEN THERE FOR FOR A MIGHTY LONG TIME. BUT, YOU KNOW, A LOT OF PEOPLE DON'T LIKE CHANGE, BUT BUT THERE'S JUST SOME THINGS THAT I THINK THAT WE NEED TO ADDRESS, LIKE THE, THE, THE SUBDIVISIONS WITH THE STREETS. SO YOU KNOW AGAIN, LIKE THAT, WITH THAT, I CAN SEE WHERE IT WILL BE STREAMLINED A LITTLE BIT MORE A LITTLE, HOPEFULLY A LOT USER FRIENDLY FOR THOSE THAT ARE TRYING TO SEE OR FIND OUT WHAT'S HAPPENING WITHIN THE CITY AND HOW TO DO THEIR APPLICATIONS AND, AND DO THINGS. NOW THIS THE WHOLE CLUTTERED BECAUSE THE WORD THERE EVEN YET A CLUSTER BECAUSE SORRY, I PROBABLY COULD HAVE CAME UP WITH A BETTER NAME BUT I SEE WHAT. SO WE'LL SEE HOW THAT'S GOING TO WORK OUT AND HOW THAT MAY PLAY OUT. MR. CHAIR. MR. CHAIR YOU MENTIONED A SECOND PHASE. WHAT DOES THAT LOOK LIKE? ANY ITEMS THAT WE JUST COULDN'T FIT IN WITH THIS PHASE? SO MR. WARNER BROUGHT UP THE STREET WITH. IF YOU WANT TO MAYBE CHANGE IT AGAIN, YOU CAN DO THAT AGAIN. AND MAYBE YOU CAN CONSOLIDATE A LOT OF THESE ITEMS INTO THOSE. SO WE'VE HAD A LITTLE BIT MORE DISCUSSIONS TODAY. WITH MANAGEMENT. AND WE WANT TO EMPHASIZE THAT WE HAVE AN OPPORTUNITY THE, THE, THE DATE THAT WE HAVE SET FOR THE FINAL ADOPTION OF THIS IS SEPTEMBER 19TH. SO WE HAVE THE OPPORTUNITY TO EVERYONE SUBMIT SOME OF THEIR COMMENTS CONCERNS. WE HAVE THAT OPPORTUNITY TO DO SOME OF THE MINOR TWEAKING AT THIS POINT. SOME OF THE LARGER ITEMS, AS YOU MENTIONED, MR. JAFFE, THAT THAT THAT THIS NEW STATE STATUTES COMING OUT IN 15 MONTHS AT THAT TIME, WILL PROBABLY HAVE TO ADDRESS THAT CHANGE, MAYBE, OR REVISIT SOME OF OUR CODE IN ACCORDANCE WITH THAT STANDARD. BUT WHAT PAT'S ALSO TALKING ABOUT IS THAT WE ALREADY HAVE A LIST OF ITEMS THAT WE WANT THAT ARE MORE OF A MATERIAL CHANGE THAT WE WE WANT TO LOOK AT IN PHASE TWO, WHICH MEANS WE'LL BE LOOKING AT A LITTLE MORE CLOSELY AND ADDING THOSE AGAIN, THE ADULT ENTERTAINMENT SECTION OF THE CODE, IT REALLY SHOULD. THE MAJORITY OF IT SHOULD BE MET, MOVED TO THE CODE OF ORDINANCE INSTEAD OF THE LAND DEVELOPMENT CODE. LAND DEVELOPMENT CODE IS ABOUT DEVELOPMENT OF LAND. THE CODE OF ORDINANCE IS MORE YOUR REGULATIONS FOR BEHAVIOR, LET'S SAY. BUT THERE ARE PORTIONS OF THE ADULT ENTERTAINMENT SECTION THAT WE NEED TO PULL OUT AND KEEP IN THE LAND DEVELOPMENT CODE THAT HAVE TO DO WITH DISTANCE OF THESE USE USES TO OTHER USES. AND SO WE NEED TO DIVE A LITTLE DEEPER INTO THAT. AND WE JUST DIDN'T HAVE THE TIME AND THE OPPORTUNITY. SO THAT WOULD BE PHASE TWO. DOES THAT MAKE MAKE SENSE? I MEAN, I WAS GOING TO MENTION THAT SOME OF THE DEFINITIONS RELATED TO THE ADULT ENTERTAINMENT SECTION WERE PRETTY BIZARRE FOR THE LAND DEVELOPMENT. THAT'S CORRECT. THEY'RE PRETTY VULGAR. AND AND SO WE WILL BE MOVING THAT. AND THEN THE SIGN CODE, AS YOU KNOW, SIGN CODES ARE VERY TRICKY. AND YOU HAVE TO BE VERY CAREFUL WITH SIGN CODES BECAUSE THEY THEY TRIGGER THE FIRST AMENDMENT. AND SO THAT'S SOMETHING REALLY THAT THE CEO OFFICE HAS TO LOOK INTO MORE CLOSELY AND, AND HELP US TO UPDATE OUR CODE SO THAT IT'S MORE IN COMPLIANCE WITH THE, THE THE FLORIDA STATUTE. SO THOSE ARE MORE OF THE PHASE TWO ITEMS THAT PAT IS IDENTIFYING. BUT WE DO HAVE TIME RIGHT NOW. YOU'VE HAD TWO WEEKS TO DIGEST THIS. WASN'T THAT ENOUGH TIME? I HAD SOME ADDITIONAL COMMENTS. SO YOU KNOW, WHAT I'M SAYING IS THAT IF YOU HAVE LITTLE TWEAKS AND THINGS, PLEASE LET US KNOW. I'VE MADE SOME NOTES TONIGHT, BUT YOU HAVE TIME TO ADD THEM AND SO THAT WE CAN GET THIS CLEANED UP AND READY FOR THE FINAL ADOPTION ON SEPTEMBER 19TH. I'M DONE. THANK YOU, THANK YOU. SO JUST YEAH, I MEAN, I THINK IT'S A HUGE UNDERTAKING. I DON'T DISCREDIT, LIKE, THE WORK THAT'S BEEN DONE. I THINK IT'S I THINK IT'S AMAZING. THERE'S A LOT OF GOOD THINGS ABOUT IT. I PERSONALLY DIDN'T RECEIVE IT UNTIL LAST THURSDAY. AND, YOU KNOW, I THINK HAVING THE STAKEHOLDER MEETINGS, THE WORKSHOPS BACK IN SEPTEMBER, YOU KNOW, ARE CERTAINLY PHENOMENAL. BUT IT TO ME, IT ALMOST MAKES SENSE TO HAVE THOSE ADDITIONAL IN THE FINAL DRAFT IS DONE WHERE THE CITY'S HAD IT FOR OVER A YEAR. P AND Z GETS IT DELIVERED THURSDAY, AND WE'RE EXPECTED TO VOTE ON IT WEDNESDAY. AND THEN THERE'S A SPECIAL COUNCIL MEETING TOMORROW. YOU KNOW, I DON'T KNOW. I ASSUME THEY GOT IT RIGHT AROUND THE SAME TIME. YOU KNOW, I'M IN A POSITION TONIGHT, LIKE WHERE I'M GOING TO MAKE A MOTION TO EITHER TABLE IT OR OR DENY IT. [02:20:03] THAT'S THAT'S WHERE I'M AT. I'M LOOKING FORWARD TO PUBLIC COMMENT, THOUGH. ABSOLUTELY. ANY ANYONE ELSE ON THE BOARD? BOARD COMMENTS. OKAY. WELL, WITH THAT, I'D LIKE TO POINT OUT I KIND OF ALLUDED TO IT EARLIER BECAUSE I QUESTIONED IT, BUT THERE IS A LETTER IN THE FILE REGARDING THE THE NEW CHANGES. AND I THINK EVERYONE HAS A COPY OF THAT. SO WITH THAT, WE WILL OPEN IT UP TO THE FLOOR FOR COMMENTS. SO ANYONE WHO WOULD LIKE TO SPEAK ON BEHALF OF THE OF THE CHANGES, PLEASE. WHY DON'T YOU JUST STEP UP THERE, YOUNG LADY? OPEN THE DOOR. OKAY. BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST. THE FIRST THING I'M GOING TO ADDRESS IS. AND IT'S A RECOMMENDATION TO THE P AND Z BOARD, THAT IF YOU HAVE ANYTHING THAT YOU REALLY SAW IN THERE THAT YOU WANTED TO READDRESS OR MAKE SURE GOT LOOKED AT A LITTLE CLOSER, IF THERE'D BE SOME MECHANISM THAT WE CAN MAKE SURE THAT THEY GET THAT SO THAT WE CAN HAVE SO IT CAN BE ADDED. HOW DID I SAY THIS? ANY RECOMMENDATIONS TO COUNCIL ON WHAT MIGHT BE RELOOKED AT THAT? YOU CAN ADD TO THIS LIST? BECAUSE I DIDN'T REALIZE THERE WAS A LIST AND I THOUGHT I WAS WORKING ON MY OWN. BUT IF THEY'RE RUNNING A LIST THAT WE CAN MAKE SURE THINGS ARE GETTING ONTO, YOU CAN GET THAT INTO THEM SOMEHOW. AND MY RECOMMENDATION IS DO IT BY EMAIL, BECAUSE THEN WE'LL HAVE A RECORD SAY, WELL, I BROUGHT THAT UP. YOU KNOW, THAT'S JUST ME DOUBTING MY GOVERNMENT. OKAY, BACK TO THE ITEMS THAT I READ THAT WE GOT. THANK YOU VERY MUCH FOR HELPING ME OUT ON THE ONES THAT WE GOT THROUGH, BECAUSE I'M HOPING THEY'RE ON THE LIST NOW. RIGHT. AND. LET'S START WITH 174.002 ANIMAL ENCLOSURES. YOU MADE THE ANIMAL ENCLOSURE. MINIMUM SIZE 15 BY TEN BY SIX. MY HORSE IS EIGHT FEET HIGH AT THE HEAD, SO MY HORSE WOULDN'T EVEN FIT IN THE MINIMUM SIZE CLOSURES THAT YOU PUT FOR CAGES, BUT THAT THAT CAN BE ON YOUR LIST. ITEM 174174.007. THIS WAS JUST A QUESTION. WHY DID YOU MANDATE THAT CHAIN LINK FENCES HAD TO BE BACKED FURTHER THAN OTHER TYPES OF FENCES? A CHAIN LINK FENCE IN YOUR FRONT YARD HAS TO BE BACK 20FT. A CHAIN LINK FENCE HAS A VERY GOOD PURPOSE. WHY DOES IT HAVE TO BE FURTHER BACK THAN OTHER DECORATIVE FENCES? RIGHT. AND THEN THAT ONE I ALSO HAD EXEMPTIONS. YOU MIGHT WANT TO JUST ADD A AND D. WHY HAVE EXEMPTIONS ONLY FOR A AND D WHEN OTHER PEOPLE MIGHT QUALIFY FOR THOSE EXEMPTIONS? 174.01 FOR TREE REMOVAL ON LOTS. WE HAD LOTS OF CONVERSATION ABOUT THIS RIGHT. AND THEN WHEN IT SAID PERMIT REQUIRED I ALL KINDS OF PERMITS, LOTS BEING CLEARED. WHAT IS THE REPERCUSSION FOR THE PEOPLE THAT ARE STRIP CLEARING THE LOTS? AND THEN JUST CAME IN AND SAY, WELL, IT'S TOO LATE. WHAT WAS THE PENALTY? WELL, I HAPPEN TO HAVE A CONVERSATION WITH AN INDIVIDUAL, AND HE TOLD ME IT WAS CHEAPER TO PAY THE PENALTY THAN IT WAS TO PAY FOR THE PERMITTING. SO I'M NOT SURE WHERE THAT CAME FROM, BUT THAT'S WHERE THEY'RE AT. THE OTHER ONE IN THAT SAME CHAPTER WAS GRUBBING. IF PEOPLE WALK IN WITH THESE POWERED RUBBERS, YOU CAN TAKE DOWN A SIX INCH TREE WITH NO PROBLEM AT ALL WITH THESE COMMERCIAL GRUBBING MACHINES. SO THAT'S THE SAME THING AS DEFOLIATING IT. AND WITH THAT, THAT LED US TO THE NEXT ONE, BECAUSE I KNOW SEVERAL SPACES WHERE WE HAVE PROTECTED SPECIES AND THOSE MACHINES JUST RUN OVER THEM AND THEY'RE PROTECTED. THEY'RE THE TURTLES THAT WE HAVE IN THE WILDLIFE PERMITTING. AND THEY SAID, WELL, THEY CAN'T CLEAR THEM UNTIL THEY GET THE PERMIT. WELL, WE'RE RIGHT BACK TO THE SAME THING. WHICH CAME FIRST, THE CHICKEN OR THE EGG? PAY THE PENALTY FOR CLEARING IT, OR HOW DO YOU STOP THE PEOPLE THAT HAVE ALREADY CUT THE TREE DOWN? ALL RIGHT. 176.011. I JUST HAD TO CHUCKLE WHEN I SAW THIS ONE PARAGRAPH. A SIDEWALK SHALL BE REQUIRED ON BOTH SIDES OF THE STREETS. IS THAT EVERYWHERE THROUGHOUT THE CITY, OR IS THAT JUST UNDER NEW? IS THAT JUST UNDER NEW DEVELOPMENT? IF YOU BUILD A NEW LOT, YOU BUILD YOUR HOUSE. YOU HAVE TO PUT A SIDEWALK IN NOW, AND YOU HAVE TO PUT IT ON THE OTHER SIDE OF THE STREET. I'M JUST QUESTIONING THAT. WAS THE STATEMENT. OKAY. THAT BEING SAID, I'LL PROBABLY BE TYPING IN A COUPLE OF OTHER QUESTIONS FROM EMAILS AFTER WHAT I HEARD TONIGHT. THANK YOU VERY MUCH. AND I'M SORRY, MR. BENTON, WOULD YOU MIND SENDING ME AN EMAIL WITH YOUR QUESTIONS SO THAT I CAN ADDRESS THEM OR YOUR CONCERNS SO THAT I CAN PLEASE, IF IT'S BECAUSE I CAN'T KEEP EVERYTHING YOU KNOW IN JUST MY HEAD. [02:25:03] I UNDERSTAND I'M LOOKING AT THIS THING. LIKE I SAY, I ATTENDED THE OTHER WORKSHOPS WITH THIS ONE, AND I KNOW YOU'VE BEEN WORKING AND I GIVE CREDIT TO THE STAFF. THIS WAS NOT A THIS WAS NOT A LITTLE TASK. THIS WAS MONUMENTAL. AND WOULD ANYONE ELSE LIKE TO SPEAK REGARDING. THANK YOU. JUST JUST A QUICK COMMENT. RUSTY MILL 14 1455 SOUTH WICKHAM. I SORRY, I DIDN'T HEAR YOU LAST NIGHT. SORRY, RUSTY. MEL. MEL. SO, A COUPLE OF QUICK QUESTIONS. I THINK THERE IS SOME GREAT WORK IN HERE. IT DOES SEEM VERY RUSHED, AS MR. JAFFE HAD POINTED OUT. THROUGH THERE, IF WE'RE NOT GOING TO BE FINED BY THE BY THE STATE, I THINK I HEARD YOU SAY YOU WANT IT DONE BY OCTOBER. BUT THERE WAS THINGS ABOUT PARKING FOR SINGLE FAMILY HOMES, OTHER THINGS THAT ARE OUT THERE. WE ARE SEEING A LOT OF MULTIGENERATIONAL HOUSEHOLDS, SO THERE ARE MORE PARKING, NORMAL ISSUES. BUT I DIDN'T SEE MANY DEEP DIVE INTO THAT. SO WHEN WE LOOK AT SOME OF THESE THINGS, IT SEEMS VERY RUSHED TO NOT GO THROUGH ALL THESE CHANGES. IF WE'RE NOT GOING TO BE FINE, MAYBE MOVE THE DATE OUT TO A JANUARY OR SOME OTHER TIME SO PEOPLE CAN ACTUALLY REALLY READ THROUGH THESE DOCUMENTS AND REALLY LOOK AT THESE CHANGES. IT JUST SEEMS VERY, VERY RUSHED IN SOME OF THOSE. THAT'S MY BIGGEST CONCERN TO THAT. SO I THINK THERE'S SOME GREAT THINGS THAT I HEARD, SOME GOOD POSITIVE THINGS. AND TO MR. BATTEN'S POINT ABOUT GRUBBING, YOU SEE A LOT OF THAT BECAUSE THERE ARE A LOT OF HOMELESS IN THE WOODS, A LOT OF AREAS. THEY WANT TO GET THAT UNDERBRUSH OUT OF THERE. SO I DON'T KNOW HOW YOU'RE GOING TO, YOU KNOW, FIND PEOPLE FOR GRUBBING THAT BECAUSE IT'S ALSO A SAFETY ISSUE WITH THAT. SO THERE'S A COUPLE COUPLE KEY THINGS I THINK WE HAVE TO TAKE UNDER ADVISEMENT. COULD YOU FILL OUT A CARD, PLEASE? YES. THANK YOU. MR. MOYLAN. GOOD EVENING AGAIN. DAVID MALDEN, 1663 GEORGIA STREET, NORTHEAST. I'VE BEEN ASKING STAFF TO PROVIDE ME WITH A COPY OF THESE DOCUMENTS. THIS WAS BROUGHT TO MY ATTENTION. IN A MEETING WITH THE CITY MANAGER OFFICE, AND I WAS JUST SHOCKED, YOU KNOW, THAT, YOU KNOW, USED TO BE I GET THE NOTIFIED WHEN THEY DID CHANGES IN THE CITY AS A ONE OF THE MAJOR LANDOWNERS IN THE CITY. NOWADAYS I DON'T GET ANYTHING, YOU KNOW, I JUST HEAR SOMETHING, YOU KNOW. THEN I GOT TO. I'VE BEEN WAITING FOR THIS DOCUMENT, AND I JUST GOT IT YESTERDAY. AND WHAT I LEARNED, YOU KNOW, JUST READING THESE THINGS IS IN ENGLISH, BUT IT MIGHT HAVE BEEN, AS YOU KNOW, IN A RUSSIAN LANGUAGE OR SOMETHING. YOU KNOW, JUST THE MORE I READ, THE MORE I DIDN'T DIGEST IT. OF COURSE, I GOT A LITTLE UNDER THE WEATHER AND MAYBE MY SENSES ARE DULL, BUT IS A LOT TO DIGEST. AND FROM THE PEOPLE SELLING IT OVER HERE TONIGHT, IT APPEARS TO BE A LOT OF NICER STUFF THERE. AND I'M SURE IT IS, BECAUSE THEY'RE PROFESSIONALS IN THEIR FIELD. BUT WE ARE NOT YOUR TYPICAL CITY. THIS IS A CITY OF A WELL AND SEPTIC. WE STILL DON'T HAVE A LOOP IN OUR MAJOR SAN FILIPPO DE GROOT. WE DON'T HAVE A CITY WATER LOOP. AND THEN THEY'RE ASKING TO DO SUBDIVISIONS THAT REQUIRE CITY WATER AND SEWER. I GOT A LOT OF PARCELS, SMALLER PARCELS OVER HERE IN THE CITY THAT WE CAN SUBDIVIDE THEM TO AN ACRE LOTS OR SOMETHING. WITH THIS ORDINANCE, YOU KNOW, WE'RE GOING TO BRING IN WATER AND SEWER FROM MILES AWAY. YOU KNOW, IT JUST IT'S MIND BOGGLING, YOU KNOW? WE'RE GOING TO NEED TO HIRE A LOT OF NEW STAFF. BUREAUCRACY, YOU KNOW, TO ENFORCE A BUNCH OF RULES THAT IT REALLY DOES NOT APPLY OVER HERE. YOU KNOW, THIS IS A CITY OF A BILLION PEOPLE BY A LOT, AND THEN THEY BUY THE LOT NEXT DOOR AND THEY WANT TO CLEAR IT AND PUT IT GRASS ON IT. SO MAYBE THEY PUT SOME TREES OVER THIS OR DOG RUN AND KID CAN PLAY NOW. NOW WE GOT TO FOR EVERY THREE, YOU KNOW, WHAT ARE THE TREES OVER HERE? THERE ARE PINE TREES, YOU KNOW. AND YOU KNOW, FROM ONE HAND WE CANNOT CUT IT. FROM ONE HAND WE GET THE CODE ENFORCEMENT. WE GOT TO GO CUT 25FT FROM THIS SIDE, AND THEN THE NEIGHBOR FROM THAT SIDE WANTS IT. SO THAT'S ANOTHER 25FT. THE LOT IS 80FT. I ALREADY CUT 50FT OF IT. AND YOU KNOW, FROM ONE END WE GOT TO PROTECT THE ENDANGERED SPECIES FROM ONE END. THE NEIGHBOR WANTS IT CUT. WE NEED TIME TO DIGEST WHAT THEY'RE SHOVING DOWN OUR THROAT. [02:30:06] SO WE JUST PLAIN TELL YOU. I DON'T CARE WHAT THE STATE DEADLINE IS. I JUST GOT THIS YESTERDAY, AND I NEED A CLEAN COPY OF IT. I NEED TO UNDERSTAND AND DIGEST THESE THINGS. I'M BADLY AFFECTED BY IT. I STILL OWN 2300 PARCELS OF REAL ESTATE IN THIS CITY. AND I'M TELLING YOU, ONE OF MY EXPERTISE IS TAXATION AND ASSESSMENT. YOU WANT TO DEVALUE THESE PROPERTIES? I WOULD GO OVER THERE AND LOWER THE ASSESSED VALUE TO ZILCH. I DON'T WANT TO PAY TAXES ON SOMETHING THAT I CANNOT USE. AND YOU'RE GOING TO BE CUTTING YOUR OWN THROAT BY APPROVING SOMETHING THAT YOU DON'T DIGEST. WE NEED AT LEAST A MONTH SO WE CAN GO OVER THESE THINGS AND READ IT MORE CAREFULLY AND MAKE PROPOSE SOME CHANGES AND MAKE IT SOMETHING THAT BE SUITABLE TO PALM BAY, FLORIDA. WE ARE NOT YOUR TYPICAL CITY. WE ARE A CITY OF A SEPTIC TANK. WE DON'T HAVE THE PROPER INFRASTRUCTURE TO ADOPT THE CODE FROM CIVILIZED CITIES THAT THIS THING PROBABLY WAS BASED ON. SO I ENCOURAGE YOU TO PLEASE TABLE AT LEAST TABLE IF NOT DENYING IT. TABLE IS WE NEED TIME TO DIGEST IT. AND I DON'T CARE WHAT THE ESTATE DEADLINE THAT THEY ARE TRYING TO. YOU KNOW WE JUST CAN'T PASS SOMETHING THAT WE DON'T UNDERSTAND QUITE UNDERSTAND. YOU KNOW, THEY JUST BRUSHED ON IT. YOU KNOW, SOME OF YOU MENTIONED THAT THAT IS ALSO GREEK TO YOU AND IT'S JUST TOO MUCH. YOU JUST HUNDREDS AND HUNDREDS OF PAGES. AND I JUST GOT IT YESTERDAY BY EMAIL. AND MY, MY COPY IS NOT COLOR VERSION LIKE OVER HERE. AND SOMEBODY PLEASE PROVIDE ME WITH A GOOD COPY AND GIVE ME TIME TO READ IT. I'M GOING TO BE HEAVILY AFFECTED WITH IT AND I'M SURE THAT EVERYBODY ELSE IS. YOU KNOW, NOW WE GOT TO LIVE WITH THESE THINGS AND WE ALREADY GOT A HUGE STAFF IN THIS CITY. WE'RE GOING TO BE HIRING MORE PEOPLE TO ENFORCING NEW LAWS ON US WHEN WE DON'T HAVE BASIC INFRASTRUCTURE, FOR GOD'S SAKE. WHY DON'T YOU RUN WATER AND SEWER THROUGHOUT THE CITY, AT LEAST ON THE MAJOR ROADS, SO WE CAN. THEN WE CAN DEVELOP SOMETHING. WE WILL BRING IT DOWN TO OUR PARCEL. I ENCOURAGE YOU TO PLEASE TABLE THIS. GIVE US TIME TO DIGEST IT BEFORE WE APPROVE OR DENY IT. OR IF YOU WANT TO DENY IT, THAT'S UP TO YOU. THANK YOU SO MUCH. THANK YOU. I'M LISA JACKSON, 589 TRUMPET STREET, SOUTHWEST, PALM BAY. I'M GOING TO TRY AND SOUND COHERENT, BUT WHAT I RECEIVED KINDLY FROM MISS FRASIER WAS THE THE TREE CODES, BECAUSE THAT'S MY PASSION. I GOT INVOLVED IN THIS SEVERAL MONTHS AGO BECAUSE THEY WERE CLEARING A LOT IN MY NEIGHBORHOOD, AND I WAS VERY UPSET ABOUT IT. AND I TALKED TO THE GUY THAT WAS CLEARING A LOT. I DO HAVE SOME EXCEPTIONS TO SOME OF THE THINGS THAT HAVE BEEN ILLUSTRATED HERE. PERSONALLY, I KNOW THAT THE DEVELOPERS DON'T CARE WHETHER THEY SAVE A TREE OR NOT. I TALKED TO I'VE TALKED TO TWO DIFFERENT GUYS WHO WERE CLEARING THE LOTS IN MY NEIGHBORHOOD, AND ONE GUY SAID THAT THE DEVELOPER DOESN'T EVEN HE DOESN'T BUY THE PERMIT. THE CONSTRUCTION COMPANY WHO'S CLEARING THE LOT PAYS FOR THE PERMIT BECAUSE HE HAD TO PAY FOR IT. AND ANOTHER GENTLEMAN TOLD ME, AND I DON'T KNOW HOW MUCH OF THAT'S TRUE, BUT THAT'S WHAT I WAS TOLD. AND ANOTHER ONE WAS CLEARING A LOT ON JUPITER. NOTHING HAS EVER BEEN DONE WITH THIS LOT, BUT THEY CLEARED IT BECAUSE THEY NOW OWN IT, AND THEY WERE ALLOWED TO. AND I ASKED HIM TO PLEASE LOOK OUT FOR THE TURTLES. PLEASE LOOK OUT FOR THE SQUIRRELS AND THE BIRDS AND HE'S. AND I SAID, WHY CAN'T YOU SAVE THE TREES IN THE BACK OF THIS LOT? AND HE SAID WHAT THEY POUR FOR THE FOUNDATION WAS SO TOXIC TO THE GROUND AND TO THE ROOTS THAT THE TREES WERE GOING TO DIE ANYWAY, SO IT DIDN'T [02:35:03] MATTER. AND AGAIN, I DON'T KNOW HOW TRUE THAT IS, BUT THAT'S WHAT HE WAS TELLING ME. SOME OF THE COMMENTS I HAVE. FIRST, I WOULD LIKE TO SAY THIS IS VERY EXTENSIVE. I ONLY GOT A LITTLE TINY PIECE OF WHAT YOU DID, AND THIS IS EXTRAORDINARY WHAT YOU HAVE REVISED AND DONE. I HAVE CONCERNS BECAUSE SOME OF IT SEEMS TO BE MORE PRO DEVELOPMENT THAN PRO COMMUNITY. AND TO ME, PALM BAY IS A COMMUNITY. IT'S NOT A PLACE TO BE DEVELOPED IN EVERY SINGLE SPACE THAT WE HAVE AVAILABLE TO US. I CAN ALSO SAY THAT THE THERE ARE HOUSES FOR SALE IN MY NEIGHBORHOOD THAT ARE CURRENTLY BEING BUILT. ADAMS CORPORATION IS BUILDING A HOUSE ACROSS THE STREET FROM ME. THEY, THEY THEY ACTUALLY GOT A VARIANCE FOR THE SEPTIC SYSTEM BECAUSE THEY DIDN'T HAVE ROOM FOR IT, BECAUSE OF WHERE THE WELL HAD TO GO AND THE SEPTIC SYSTEM BASED ON THE TWO HOUSES ON EITHER SIDE. AND THEY'RE BUSY IN THE RAIN BUILDING THIS HOUSE AND THEY'VE ALREADY GOT AN AVAILABLE SIGN OUT FRONT. IT'S ALSO HAPPENED TWO BLOCKS DOWN FROM ME. A COMPANY IN MARIETTA, GEORGIA, HAS A HOUSE FOR SALE THAT IS STILL BEING BUILT. AND I JUST THINK THAT THAT'S WRONG. THIS IS NOT PEOPLE COMING FROM MINNESOTA OR NEW JERSEY OR WHEREVER DECIDING TO MOVE TO PALM BAY, WHICH CAN BE A GREAT PLACE TO LIVE WITHOUT ALL THIS CHAOS OUT THERE. THESE ARE DEVELOPERS COMING IN TO MAKE MONEY OFF OF OUR CITY, AND I'M OPPOSED TO THAT BECAUSE THERE'S NO HEART IN THAT. THERE'S NO CARING ABOUT OUR ENVIRONMENT, OUR WILDLIFE AND OUR COMMUNITIES IN THAT. SO I JUST DON'T KNOW WHY IN THIS PRESENTATION SO MANY PERKS AND BONUSES ARE BEING GIVEN TO THE DEVELOPERS. IT SEEMS TO ME THEY ALREADY HAVE ALL THE PERKS THEY NEED BECAUSE THEY'VE GOT THE MONEY, AND THEIR MONEY SPEAKS LOUDER THAN THE COMMUNITY MEMBERS CAN. CAN SPEAK. AND THEY DON'T. THEY? FROM WHAT I'VE SEEN EVEN WHERE THE TREES ARE CONCERNED, THEY DON'T CARE IF THEY SAVE AN OAK. ON ANOTHER BLOCK IN MY NEIGHBORHOOD THEY WERE TEARING DOWN THE LOT. THEY WERE. THERE WAS A HUGE OAK TREE THAT WAS REALLY OLD. AND THE NEIGHBOR WENT OVER AND TALKED TO THEM AND SAID, CAN'T YOU PLEASE SAVE THAT TREE? IT'S PROBABLY 100 YEARS OLD. AND THEY SAID, NO, THE DEVELOPER WANTS IT GONE. AND SO THEY THEY CUT IT DOWN. THERE WAS NO THERE WAS NO LEGALITY ABOUT IT. HE HAD THE MONEY HE COULD PAY FOR IT. AND LIKE SOMEBODY ELSE SAID, THEY WOULD RATHER PAY THE FINE THAN THAN DEAL WITH THE LEGALITY LEGALITIES OF SAVING SOMETHING. IT'S THE SAME WITH THE TURTLES. THEY WOULD RATHER THERE'S ENDANGERED TURTLE IN MY NEIGHBORHOOD. WELL, A LOT'S BEEN CLEARED, SO I TOOK PICTURES OF WHERE HE WAS GOING, AND SOMEBODY SAID YOU SHOULD NOTIFY WILDLIFE. AND I THOUGHT, WELL, IF I DO, THEY'RE JUST GOING TO TAKE INTO TURKEY CREEK. THEY CAN'T RELOCATE EVERY TURTLE IN PALM BAY TO TURKEY CREEK. THEY CAN RELOCATE HUMANS, THOUGH. THERE'S A LOT OF HUMANS. SO I VOTE THAT WE WE TRY TO HELP THE ANIMALS A LITTLE BIT. SOME OF THE STUFF IT JUST SOUNDS LIKE, LIKE IN 175.002, THE REMOVAL CRITERIA. AGAIN, IF ON NUMBER EIGHT, IF THEY FEEL LIKE THEY NEED TO REMOVE WHATEVER THEY WANT BECAUSE THEY NOW HAVE A PERMIT, THE DEVELOPER DEVELOPERS CAN DO WHATEVER THEY WANT. ONE OF THE THE. AT 170 5.0 14 THE TREE REMOVAL AND SMALL RESIDENTIAL SITE LAND CLEARING PERMIT. IT SAYS THIS PERMIT IS REQUIRED FOR ANY LAND CLEARING ON LOTS THAT ARE LESS THAN AN ACRE. THAT WAS MY WHOLE PASSION FROM MONTHS AGO. IS TRYING TO SAVE THE TREES ON THE SMALL RESIDENTIAL LOTS THAT ARE LESS THAN AN ACRE, BECAUSE OUR CURRENT BUILDING, ANY DEVELOPER CAN COME IN ON LOTS LESS THAN AN ACRE AND CLEAR CUT. AND I SAID, WHY DON'T YOU REMOVE THAT EXCEPTION FROM THE LANDSCAPING CODE? BECAUSE THEY OUGHT TO BE ABLE TO HAVE TO HAVE A PERMIT AND SAVE SOME OF THOSE TREES. THEY DID IT IN MELBOURNE. THEY GO THROUGH AND THEY TAG THEM. THERE'S NO REASON TO CUT THEM ALL DOWN. YOU COULD WRAP IT UP. OKAY. SORRY. AND IT SAYS THAT THEY, THEY ARE SUPPOSED TO DO THAT, BUT THEN OVER HERE ON 170 5.0 16 THE SITE WORK PERMIT, SINGLE FAMILY LOTS ARE STILL THERE, SO THEY STILL DON'T HAVE TO HAVE A PERMIT TO CUT DOWN ALL THE TREES. SO AS MUCH AS WE PROBABLY NEED THIS PASSED, I WOULD ALSO VOTE TO GIVE IT SOME TIME AND MAYBE REVISE IT A LITTLE BIT MORE. I VOTE TO SAVE THE TREES AND THE WILDLIFE HABITAT. SO THANK YOU FOR YOUR TIME. THANK YOU. YES, MA'AM. [02:40:07] GOOD EVENING. I'M GOING TO MAKE THIS SHORT. PAT DALPRA FOR TEN GEORGE'S AVENUE. I'M VERY GLAD THAT YOU CONSOLIDATED IT AND MADE IT A WHOLE LOT EASIER, BUT I'M STILL AT THAT PLACE. WHERE CAN WE MAKE THIS PLAIN ENGLISH? AND THEN ALSO, WHATEVER YOU WERE GOING TO DO IS THAT WE HAVE A STEP BY STEP. AND WHAT ARE THE RESULTS? DO WE WANT A LOT OF THESE ORDINANCES ALREADY? WE HAVE. BUT MY ISSUE AND IT'S EVERYBODY ELSE IS THAT HOW ARE WE GOING TO KEEP THE ACCOUNTABILITY. WHO'S GOING TO FOLLOW UP? I BROUGHT THIS UP MANY TIMES WITH THE BUILDING DEPARTMENT. IF YOU HAVE A CODE, WHY ARE YOU NOT CHECKING UP ON THESE BUILDERS OR CHECKING UP ON THE LAND CLEARING, OR CHECKING UP ON REPLACING TREES AHEAD OF THE GAME INSTEAD OF WAITING TILL IT'S ALL DONE AND SAYING, OH, YOU WEREN'T SUPPOSED TO DO THAT, WE'LL GIVE YOU A FINE. SO I AM BACK TO WHO'S RESPONSIBLE AND WHO'S GOING TO BE KEEPING THESE PEOPLE ACCOUNTABLE. BECAUSE A LOT OF THIS, WE ALREADY HAVE THESE CODES. YOU HAVEN'T REALLY MADE NEW ONES, RIGHT? SO THAT'S THE POINT. AND THE MORE REGULATION IS RIGHT, MORE PEOPLE, YOU'RE GOING TO HAVE TO HAVE TO KEEP UP WITH IT. SO THANK YOU. THANK YOU. ANYONE ELSE FROM THE PUBLIC? GOOD EVENING. MY NAME IS CATHERINE BOOTH. I HAVE A CONSERVATION GROUP. LET'S BE A GOOD NEIGHBOR TO THE LAGOON. AND SUSAN CONNOLLY WITH THE SUSTAINABILITY BOARD ASKED ME TO COME AND SPEAK. MY FOCUS, OUR FOCUS WITH THE LAGOON IS A PROTECTING FLORIDA'S MATURE NATIVE TREES TO CAPTURE, STORM WATER, TO PROTECT THE LAGOON FROM RUNOFF. I THANK YOU FOR INCLUDING SINGLE FAMILY HOMES IN CHAPTER 175 AND THE LANDSCAPE ORDINANCE. PALM BAY REVISED ORDINANCE 175.021 WOULD ALLOW 100% NON-NATIVE TURFGRASS AND PROHIBIT NATIVES IN SWALES. WE RECOMMEND LOW GROWING FROG FRUIT AND RIVER SAGE BE INCLUDED IN THE GROUND COVER TABLE IN THAT SECTION. THE CITY OF VERO BEACH RECENTLY RESTRICTED TURFGRASS TO 25% OF THE LANDSCAPE, AND PROMOTES NATIVE PLANTING WITH NATIVE PLANT GROUNDCOVERS AS AN EXAMPLE OF SOMETHING THAT YOU COULD CONSIDER. I WOULD ALSO ASK THAT YOU PLEASE ALLOW MEDIUM CANOPY TREES AS WELL AS SMALL TREES, PREFERABLY NATIVE, SUCH AS RED BAY, TURKEY OAK AND CHERRY LAUREL, WHICH ARE CURRENTLY OMITTED FROM YOUR REVISED ORDINANCE. SOUTHERN LIVE OAKS ARE THE TREE MOST IMPORTANT FOR SHADE AND FOR ECOLOGICAL BENEFITS, BUT IN THE URBAN SETTING, THEY ARE NEVER ALLOWED TO BE THEIR MOST BEAUTIFUL MATURE SIZE BECAUSE PRUNING PEOPLE HACK THEM UP AT GREAT COST TO THE CITY TAXPAYER. SECTION 175.2.028 DOES PROHIBIT HAT RACKING AND TOPPING, AND I THANK YOU FOR THAT. THERE ARE OTHER EGREGIOUS PRUNING METHODS, SUCH AS THINNING, THAT YOU HAVE EXPRESSLY ALLOWED IN THE REVISED ORDINANCE. HOWEVER, PRUNING NATIVE TREES FOR WIND RESISTANCE IS NOT SCIENTIFIC, AND THE SUBSTANTIAL LOSS OF LEAVES FROM PRUNING METHODS OF RAISING, THINNING, AND LION'S TAILING REMOVES THE BENEFITS FOUND AT THE LEAF LEVEL THAT YOU SAY TREES PROVIDE. IN THE PREAMBLE OF THE LANDSCAPE ORDINANCE, INCLUDING ASSISTING WITH CLIMATE CONTROL AND WATER QUALITY. I CAN PROVIDE YOU WITH A COMPELLING TEN MINUTE PRESENTATION ABOUT THIS AT YOUR CONVENIENCE. CHAPTER 179 ON THE LAGOON WATERFRONT PROPERTY. ORCA, YOU KNOW, AS OCEAN RESEARCH CONSERVATION ASSOCIATION RECOMMENDS A 20 FOOT SHORELINE BUFFER OF NATIVE PLANTS. AND THAT IS NOT IN YOUR REVISED ORDINANCE. INDIAN RIVER COUNTY. THIS IS ANOTHER THING THAT YOU COULD ADD TO YOUR REVISED ORDINANCE. INDIAN RIVER COUNTY PROHIBITS CYPRESS MULCH TO PREVENT DEFORESTATION OF CYPRESS WETLANDS. AND SPEAKING TO WHAT SEVERAL OTHERS HAVE SPOKEN TO ALREADY, THE CITY OF VERO BEACH HAS INCREASED THEIR MITIGATION FEES FOR PERMITS. SORRY, I DON'T KNOW WHY THERE'S SO MUCH OF THIS, BUT FOR PERMITS TO REMOVE TREES. BUT THEY ALSO CONCEDE THAT THEY'RE NEVER HIGH ENOUGH TO PREVENT CLEAR CUTTING. WE HAVE MULTI-MILLION DOLLAR PROPERTIES BEING DEVELOPED, AND THEY DON'T CARE IF A FEW LOVELY OLD, VERY OLD TREES GET [02:45:09] TAKEN DOWN. THEY'LL PAY WHATEVER THE COST IS TO REMOVE THOSE TREES, UNFORTUNATELY. THANK YOU. WOULD ANYONE ELSE? ANY FURTHER COMMENTS? OKAY. WITH THAT, I WILL CLOSE THE PUBLIC COMMENT PORTION AND WITH THE CITY STAFF LIKE TO COMMENT ON ANY ANY OF THE COMMENTS OR WELL AS AS STATED PREVIOUSLY, THIS HAS BEEN A LONG JOURNEY FOR ALL OF US. IT STARTED LONG BEFORE I GOT HERE. IT'S BEEN GOING ON FOR ABOUT A YEAR AND A HALF. THIS UPDATE WE HAVE HELD MANY WORKSHOPS. WE HAVE HELD MANY VIRTUAL WORKSHOPS WITH STAKEHOLDERS. THE IMPORTANT THING TO NOTE IS THIS IT'S MAINLY BEEN RESTRUCTURED AND AND REFORMATTED THAT IF YOU DIDN'T READ THE OLD CODE, YOU'RE, YOU'RE YOU'RE GOING TO READ THE NEW CODE AND IT'S GOING TO BE THE EXACT SAME ALMOST AS THE OLD CODE. THERE'S THERE'S NOT A LOT OF GREAT CHANGES IN THERE. JUST A LOT OF REALLY GOOD REFORMATTING AND RESTRUCTURING. EXCEPT FOR THE MAJOR CHANGES, WE'VE GONE THROUGH THIS EVENING, IF WE WILL HAVE TIME BEFORE SEPTEMBER 19TH, TO ADD A LOT OF THESE COMMENTS AND MAKE SOME OF THESE CHANGES. AND STAFF GREATLY APPRECIATES EVERYBODY'S INPUT. I HAVE TRIED TO MAKE NOTES AS BEST I CAN, BUT IF YOU WOULD LIKE TO SEND THEM IN A WRITTEN FORMAT, THAT WOULD BE BEST FOR US. BUT WHATEVER THIS BOARD DECIDES AND HOW THEY WANT TO MOVE FORWARD, WE SUPPORT EVERY DECISION AND WE'LL WORK TOWARDS MAKING IT THE BEST DOCUMENT THAT THE CITY REQUIRES. AND WE THANK YOU FOR YOUR TIME. OKAY. THANK YOU. SO WITH THAT, WE'LL BRING IT BACK TO THE THE BOARD. ANY OTHER COMMENTS OR DISCUSSIONS? YEAH, WE'D LIKE TO HAVE. I JUST HAD A QUESTION. ONE OF THE BIGGEST LIKE TO EXPLAIN MY THOUGHT PROCESS IS, IS JUST UNINTENDED CONSEQUENCES. WITH IT HAVING JUST A SHORT PERIOD OF TIME TO REVIEW IT FROM LAST WEEK TO NOW AND THEN THE COUNCIL TOMORROW, I JUST REALLY WANT SOME MORE CLARITY REGARDING THE CLUSTER SUBDIVISION AND JUST UNINTENDED CONSEQUENCES THERE. YOU KNOW, THE MAJORS GOLF COURSE IS ZONED LOW DENSITY RESIDENTIAL, WHICH I UNDERSTAND IS TO BE AS RURAL RESIDENTIAL. AND ACCORDING TO THIS NEW LANGUAGE, THAT CAN BECOME A CLUSTER SUBDIVISION. I JUST WANT TO UNDERSTAND IF I'M IF I WANT TO UNDERSTAND IF I'M READING THAT CORRECTLY AND WHAT THAT POTENTIALLY COULD LOOK LIKE FOR THE MAJORS GOLF COURSE, BECAUSE, YOU KNOW, THE PEOPLE HAVE COME OUT IN FULL FORCE IN OPPOSITION OF THE MAJOR GOLF COURSE. AND I JUST DON'T WANT TO SEE UNINTENDED CONSEQUENCES WHERE THE PEOPLE LOSE THEIR VOICE. AND THE PROCESS OF THIS CLUSTER SUBDIVISION LANGUAGE BEING ADDED TO THE RESIDENTIAL DISTRICTS. OKAY. SO I MENTIONED THAT THE CLUSTER SUBDIVISION IS AN OPTION THAT IS BEING OFFERED FOR SOMEBODY WHO HAS VACANT LAND AND THEY WANT TO DEVELOP GOLF COURSES ARE NOT ALLOWED AS PART OF THAT OPEN SPACE. SO IF YOU'RE GOING TO DO CLUSTER SUBDIVISION, IT DOES NOT COME IN WITH A GOLF COURSE. IF YOU WANT TO DO A GOLF COURSE COMMUNITY, YOU GO THROUGH PUD. AND THEN IN THAT REALM, THEN YOU CAN START TALKING ABOUT CHANGES TO THE LOT SIZES AND WHERE THE GOLF COURSE IS GOING TO BE. BUT LIKE, THAT'S NOT YOUR ROUTE. THE CLUSTER SUBDIVISION IS LIKE SAYING I WANT TO DO, YOU KNOW, A TOWNHOUSE, BUT I'M GOING TO CALL THE MULTIFAMILY. IT'S LIKE TWO DIFFERENT THINGS. I CALL IT THE MAJOR'S GOLF COURSE, BUT IT'S CLOSED. IT'S VACANT LAND. IT'S NO LONGER A GOLF COURSE. OH, YOU'RE TALKING ABOUT ARE YOU ASKING ABOUT ACTUALLY TAKING A VACANT OR FORMER GOLF COURSE AND DEVELOPING IT AS A CLUSTER SUBDIVISION? CORRECT. YEAH. THE FUTURE LAND USES. THANK YOU FOR THE FUTURE. LAND USE IS LOW DENSITY RESIDENTIAL. AND ACCORDING TO THIS CHART, IF SOMEBODY IT COULD BE A CONDITIONAL PERMIT OR CONDITIONAL USE FOR A CLUSTER SUBDIVISION. SO IF SOMEBODY HAS A WHAT WAS A GOLF COURSE AT ONE POINT, NOW IT'S A LOT OR A SITE AND IT MEETS THE REQUIREMENTS TO BE SUBDIVIDED, MEANING IT HAS FRONTAGE ON THE STREET. IT HAS ENOUGH AREA FOR THE DENSITY THAT IT'S ALLOWED. AND SOMEBODY SAYS, I WANT TO USE THE CLUSTER OPTION TO PUT SOMETHING THERE. THEY COULD COME IN AND PROPOSE THAT. NOW IT WOULD HAVE TO GO THROUGH PUBLIC HEARING. IT'S NOT LIKE IT'S DONE BY RIGHT. THEY WOULD COME AND PROPOSE THAT, AND THEN YOU WOULD LOOK AT IT AND SEE WHERE IS IT LOCATED. IS IT CONSISTENT WITH WHAT'S AROUND IT? IS IT YOU KNOW WHERE WE WANT IT? IT'S IT'S NOT GUARANTEED THAT THEY GET IT. [02:50:01] IT'S A LOT EASIER OF A PROCESS THAN REZONING TO A DIFFERENT CLASSIFICATION. I MEAN, THE EASY OR NOT EASY, IT'S THE SAME BECAUSE THEY STILL GO BEFORE THIS BOARD. THEY STILL HAVE TO GO TO CITY COUNCIL. THE DIFFERENCE IS THAT WHEN THEY DO A CLUSTER SUBDIVISION, YOU'RE NOT CHANGING THE ZONING OF THE PROPERTY. LIKE WHEN YOU DO A PUD, YOU CHANGE IT TO PUD, AND NOW IT'S PUD FROM HERE UNTIL SOMEBODY ELSE CHANGES IT. WHEN IT'S A CLUSTER SUBDIVISION, YOU'RE NOT CHANGING THE ZONING. YOU'RE STILL RS1 OR RS3. THEY MAY GET, YOU KNOW, APPROVAL TO DO THE CLUSTER SUBDIVISION AND IT MAY NEVER HAPPEN. SO THE LAND GOES BACK TO WHATEVER SOMEBODY ELSE WANTS TO DO WITH IT. MEETING THE STANDARDS OF RS3. YEAH. THE LANGUAGE WAS SORT OF CONFUSING WITHIN THE CLUSTER SUBDIVISION WHERE IT SPECIFIES THAT, YOU KNOW, CLUSTER SUBDIVISION, IF IT'S RURAL RESIDENTIAL, THOSE LOTS WILL HAVE TO BE HALF ACRE, BUT THEN IT INDICATES THAT THE LOT WILL BE 50FT WIDE. SO THE IDEA IS THAT, LIKE THE IMAGE THAT I SHOWED YOU, IF YOU SPLIT IT MEETING THE LOT SIZE REQUIREMENTS YOU HAVE, YOU FILL UP THE SITE WITH LOTS. IF YOU ALLOW FOR SMALLER LOTS, THEN YOU CONCENTRATE THEM IN A PORTION OF YOUR SITE, MEANING YOU HAVE MORE OPEN SPACE. NOW WE WROTE IT IN A WAY THAT YOU'RE NOT GOING TO HAVE 50 FOOT WIDE LOTS NEXT TO A SUBDIVISION THAT HAS 75 FOOT WIDE LOTS. IT SAYS IF YOU'RE NEXT TO A SUBDIVISION LIKE THAT, YOU'RE GOING TO HAVE TO MATCH THEIR SIZE. SO WE WANT THEM AWAY FROM THEM. SO YOU WOULD HAVE TO HAVE A, YOU KNOW, A BIGGER PIECE IN ORDER TO BE AWAY FROM YOUR NEIGHBORS AND HAVE SOME A PRODUCT THAT IS NOT CONSISTENT WITH WHAT THEY HAVE. AND IT IS, YOU KNOW, SOMETHING THAT YOU KNOW, IF YOU WANT TO HAVE A MEETING LATER ON, YOU KNOW, TALK A LITTLE BIT MORE ABOUT IT, BUT IT'S NOT SOMETHING, AGAIN, IT'S NOT GOING TO BE APPROVED BY. RIGHT. IT'S STILL GOING THROUGH THE PUBLIC HEARING PROCESS. AND IT'S SOMETHING THAT, YOU KNOW, IF LATER ON, YOU KNOW, A LOT OF YOU DON'T FEEL COMFORTABLE DOING IT, YOU CAN ALWAYS STRIKE. IT DOESN'T MEAN THAT ANYBODY'S GOING TO GET ENTITLED FOR IT BY KEEPING IT IN THE CODE. AND WHAT ELSE IS GOING TO BE? MY QUESTION IS, HOW MANY OF THESE ITEMS IN IN THE CODE CAN WE STRIKE IF EVEN IF WE PASS THIS TONIGHT? SO THAT WAS THAT WAS THAT WAS MY QUESTION. BUT THAT'S ALSO LEADING UP TO SOMETHING ELSE HERE WITH THE ADMINISTRATIVE ZONING. I KNOW THAT YOU SAID THAT WE'RE PHASING OUT THE BAYFRONT, SO BUT SO IS THERE A REASON WHY WE STILL NEEDED TO CHANGE IT FROM BMU TO THE CMU, AND AS WELL AS THE CMU V TO THE TO THE U. YEAH. I MEAN, THEY HAVE ZONING TODAY THAT ALLOWS THEM TO DO MIXED USE AND LIKE THE BAYFRONT DISTRICT IS GONE. IT NO LONGER EXISTS. SO WE NEEDED TO ADDRESS THAT. SO, YOU KNOW, WHAT DO WE CALL THEM IF THEY'RE BAYFRONT MIXED USE, BUT THERE'S NO BAYFRONT DISTRICT. AND THE PURPOSE OF THAT CRA IS JUST NO LONGER THERE. SO WE NEEDED TO DO SOMETHING WITH THEM, AND WE DIDN'T WANT TO NOW SEND THEM TO LIKE RESIDENTIAL ONE OR NEIGHBORHOOD COMMERCIAL BECAUSE THEY HAVE ALREADY A DISTRICT THAT ALLOWS THEM TO DO MIX, A MIX OF USES. SO WE WANTED TO KEEP THAT FOR THEM, TRYING TO COME UP WITH A DISTRICT THAT WOULD BE CLOSER TO WHAT THEY HAVE TODAY. SO WE'RE NOT TAKING AWAY, YOU KNOW, ANY RIGHTS FROM THEM. IT'S CONFUSING. NO, MA'AM. IT'S JUST THAT WITH THE I UNDERSTAND THAT THIS PHASED OUT, BUT IT'S JUST LIKE THE THE BAYFRONT. JUST LIKE WITH MICHAEL, JUST LIKE WITH IT WAS AN IDENTIFYING MARKER. IT WAS THE BAYFRONT. SO IT KIND OF IDENTIFIED. PALM BAY. WHEREAS NOW IT'S IT'S IT'S JUST LIKE ANYTHING ELSE IN PALM BAY. SO IT WAS JUST IT WAS A LITTLE DISAPPOINTING TO SEE THAT IT WAS TAKEN. IT'S A NOMENCLATURE TYPE OF THING. LIKE IT DOESN'T HAVE THE BAYFRONT NAME, BUT IT'S STILL A MIXED USE DISTRICT. AND IT CAN BE AND IT'S ABOUT REGULATIONS. THEY CAN BE USED ANYWHERE IN THE CITY, NOT JUST IN THAT AREA, BECAUSE IF WE CALL THEM THE BAYFRONT MIXED USE, ONLY THE BAYFRONT AREA WOULD BE EXPECTED TO SEE THAT ZONING. BUT TAKING AWAY THE NAME, THAT MEANS IF SOMEBODY'S ON THE WEST SIDE WANTS TO DO SOMETHING THAT IS MIXED USE, THEY COULD STILL USE THAT DISTRICT. AND IT'S JUST, YOU KNOW, THE REGULATIONS, SETBACKS, HEIGHT, YOU KNOW, MIX OF USES, OPEN SPACE, LIKE LIKE RIGHT NOW IT'S NOT DOING ANYTHING PARTICULAR FOR IN PARTICULAR TO THAT DISTRICT. IT'S JUST A NAME. IT'S NOT CREATING A DIFFERENT TYPE OF ENVIRONMENT THAT YOU WOULD WANT TO SEE SOMEWHERE ELSE. I UNDERSTAND. I MEAN, I DON'T I MEAN, IT'S YEAH, I MEAN, AND IT'S LIKE WE'RE CONSOLIDATING, CONSOLIDATING SO MUCH OF PALM BAY TO WHERE IT'S LIKE WE'RE LOSING THE CHARACTERISTICS OF WHAT HAS TO FIND PALM BAY. AND AND IT'S LIKE WE'RE, WE'RE WE'RE MIXING ALL THESE DIFFERENT DISTRICTS OR ALL THESE DIFFERENT USES, BUT NOTHING IS STILL BEING IDENTIFIED BECAUSE NOW IT'S JUST MIXED ALL INTO THIS, JUST THIS ONE POT. NOW THAT WE'RE JUST SIMPLY CALLING PALM BAY AND IT'S, IT'S YEAH. [02:55:01] AND THAT'S WHAT I WAS SAYING. LIKE, WE DIDN'T DECIDE TO SAY, OKAY, YOU HAVE A HOME NOW WE'RE GOING TO MAKE YOU THIS ONE. YOU HAVE A CONVENIENCE STORE. NOW WE'RE GOING TO MAKE YOU COMMERCIAL. WE DIDN'T WANT TO GO THROUGH THAT EXERCISE, BECAUSE THE CHARACTER OF THAT AREA IS THAT IT WAS SUPPOSED TO BE A MIX OF USES. SO WE PRESERVED THAT. WE WANT TO PRESERVE THAT, MAKING SURE THAT THEY HAVE THAT FLEXIBILITY. OKAY. IT'S OPEN FOR DISCUSSION BECAUSE I SEE IT STILL IN PHASE TWO. AND ONE THING THAT I WANTED TO MENTION TO, I THINK IT WOULD BE IMPORTANT, LIKE BETWEEN NOW AND THE SECOND READING TO CALL LISA, CALL KIMBERLY. BECAUSE A LOT OF THE COMMENTS THAT I HEARD LIKE ANIMAL CAGES, THAT'S WHAT WE HAVE IN THE CODE TODAY. WE'RE NOT TOUCHING IT. WE'RE NOT CHANGING IT. THE CHAIN LINK FENCES, THAT'S WHAT'S IN THE CODE TODAY. WE'RE NOT CHANGING IT NOW. IF SOMEBODY WANTS TO CHANGE IT IN THE FUTURE, MAYBE THEY CONTACT STAFF AND MAYBE WE INCLUDE THAT AS PHASE TWO, AND WE DON'T LEAVE IT UPON THEMSELVES TO APPLY FOR A CODE CHANGE. MAYBE IT'S SOMETHING THAT GETS ADDRESSED, YOU KNOW, WITH EVERYTHING ELSE, BUT BUT IT WOULDN'T BE IMPORTANT. LIKE THE LANDSCAPING PART. LANDSCAPING REQUIREMENTS. WE TRY NOT TO CHANGE WHAT'S THERE TODAY, BUT WE CREATED TABLES AND WE PUT THINGS WHERE WE THOUGHT BELONGED. YOU KNOW, EASIER TO FIND. BUT IF THEY SIT DOWN WITH STAFF, THEY MAY BE ABLE TO FIND. OH, YEAH. THAT'S WHAT THE CODE SAID TODAY. WE WANT TO ADD A TREE. LET'S PUT IT, YOU KNOW, PHASE TWO ADDED TREE. SO I THINK IT WOULD BE IMPORTANT TO, YOU KNOW, MEET WITH STAFF BETWEEN NOW AND SEPTEMBER 19TH TO, TO FIGURE THOSE OUT. OKAY. WHAT'S KIND OF EXCITING IS THAT PEOPLE ARE ACTUALLY READING THE CODE. SO NOW YOU CAN TELL US WHAT YOU DON'T LIKE THAT'S BEEN IN THE CODE FOR I DON'T KNOW HOW LONG. SO THIS IS KIND OF FUN, ISN'T IT? YEAH. OKAY. ANY FURTHER DISCUSSION? I JUST HAD ONE QUESTION FOR MR. RODRIGUEZ AND THE GENERAL PROVISIONS B THREE OF THE CLUSTER. I JUST NEED CLARITY. THE TRACK OF LAND TO BE SUBDIVIDED SHALL BE HELD IN SINGLE OWNERSHIP. IS THAT DOES THAT MEAN. IS THAT A RENTAL COMMUNITY? NO. HOMEOWNERS ASSOCIATION. THE TRACT OF LAND THAT'S TO BE SUBDIVIDED. SO THE ORIGINAL, I GUESS. I MEAN, IF THAT WERE TO MEAN THE ORIGINAL LAND PRIOR TO SUBDIVISION SHALL BE HELD IN SINGLE OWNERSHIP. ARE YOU TALKING ABOUT THE OPEN SPACE? IT JUST SAYS GENERAL PROVISIONS. SO BECAUSE LIKE BASICALLY 173 .030, THE TRACK OF LAND TO BE SUBDIVIDED SHALL BE HELD IN SINGLE OWNERSHIP. YEAH. IT'S THE IT'S YOUR YOUR WALLET. SO IF YOU'VE GOT IT'S FOR ILLUSTRATIVE PURPOSES A TEN ACRE LOT PRIOR TO SUBDIVIDING IT, THAT TEN ACRE LOT HAS TO BE IN SINGLE OWNERSHIP. GOT IT. THAT'S STANDARD OKAY. THAT'S STANDARD. SO YOU HAVE A PIECE OF PROPERTY BEFORE YOU SUBDIVIDE IT. IT'S GOT TO BE UNDER ONE OWNERSHIP OKAY. DO WE HAVE ANY MOTIONS OR ANY ANY FURTHER DISCUSSION? SINCE IT SOUNDS LIKE MANY OF US HAVE QUESTIONS AND THERE'S SOME QUESTIONS THAT WE'RE GOING TO HAVE ANSWERED. IS THERE A MOTION TO TABLE? I'D LIKE TO MAKE A MOTION TO APPROVE T 20 4-00004. OKAY. OKAY. WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? OKAY. ALL THOSE IN FAVOR SAY I. I. ALL THOSE OPPOSED? NAY. SO WE HAVE A 4 TO 1 VOTE. WOULD YOU LIKE TO DO ROLL CALL, SIR, OR NO? YEAH. WHY DON'T WE JUST TO MAKE SURE IF WE COULD DO A. MR.. BOEREMA. I MR. GOOD EYE, MR. JAFFE. NAY. MR. MCLEOD. AYE. MR.. WARNER. AYE. OKAY. WITH NO FURTHER BUSINESS COMING BEFORE. I'M SORRY. WE GOTTA GO BACK TO. OH, I'M SORRY. YOU'RE RIGHT. WE FLIPPED IT. OKAY. SORRY. SO WHAT? STAFF LIKES TO PRESENT? T 24 00003. THANK YOU. AND I WANT TO THANK THE BOARD FOR THEIR PATIENCE THROUGH THIS WHOLE EXERCISE. IT'S NOT EVERY DAY THAT WE DO THIS. AND SO IF IT APPEARS TO BE, YOU KNOW, IN THE WRONG WAY, WE'RE ALL KIND OF WALKING THROUGH THIS. [03:00:08] ANYWAYS, THE BACKGROUND IS THAT THE PALM BAY 2045 COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT WAS ADOPTED ON MAY 1ST, 2023 AND BECAME EFFECTIVE ON JUNE 10TH, 2023. THE REMAINING PALM BAY COMPREHENSIVE PLAN ELEMENTS WERE ADOPTED ON MAY 18TH, 2023 AND BECAME EFFECTIVE ON JULY 20TH, 2023 PURSUANT TO CHAPTER 163.3202 FLORIDA STATUTE A LOCAL GOVERNMENT MUST ADOPT AND ENFORCE LAND DEVELOPMENT REGULATIONS THAT ARE CONSISTENT WITH AND IMPLEMENT THE ADOPTED COMPREHENSIVE PLAN WITH ONE ONE YEAR. SO IN CAYCE, T 24 00003 IS THE FIRST ACTION TAKEN TO BRING THE LAND DEVELOPMENT REGULATIONS INTO COMPLIANCE WITH THE PALM BAY COMPREHENSIVE PLAN. THE PROPOSED TEXTUAL AMENDMENT TO THE CODE OF ORDINANCES, PRESENTED AS CAYCE T 24 0003, WILL REPEAL THE LAND DEVELOPMENT CODE IN ITS ENTIRETY, AND THEN THE NEW TITLE LAND DEVELOPMENT CODE WILL BE ESTABLISHED IN A SEPARATE TEXT AMENDMENT, WHICH WAS JUST PASSED, RECOMMENDED FOR APPROVAL TO THE CITY COUNCIL. SO WE ARE ASKING FOR APPROVAL OF CAYCE T 224 00003A PROPOSED AMENDMENT TO REPEAL THE EXISTING LAND DEVELOPMENT CODE, WHICH IN ITS ENTIRETY. OKAY. THANK YOU. AND WITH THAT, DOES THE BOARD HAVE ANY QUESTIONS OF STAFF? HEARING NONE WITH THE PUBLIC. ANY PUBLIC COMMENTS REGARDING REGARDING THIS? SEEING NONE, I'LL CLOSE THE FLOOR FOR PUBLIC COMMENTS AND BRING IT BACK TO THE BACK TO THE BOARD FOR DISCUSSION OR MOTION. MOTION TO APPROVE 2040 24 00003. I WILL SECOND. WE DO HAVE A MEMBER ABSENT, SO MAYBE WE WAIT. FOR A COUPLE MINUTES. I DON'T KNOW WHAT THE PROCEDURE. I DON'T KNOW WHAT THE PROCEDURE IS FOR THAT. YOU CAN WAIT TILL IT TILL THEY COME BACK. HOWEVER, WE DO HAVE A QUORUM, SO ACTION CAN BE TAKEN. OKAY, WELL, LET ME ASK FURTHER DISCUSSION. YEAH. THAT'S SO, SO AGAIN, ONCE WE REPEAL THIS AND IN ITS IN ITS ENTIRETY, THAT MEANS THAT THE OLD CODE NOW JUST GOES AWAY. THIS THE THE NEW VERSION THAT WE JUST APPROVED WILL TAKE WILL COME INTO EFFECT. HOWEVER, WE WILL STILL HAVE WHERE WE CAN DURING PHASE TWO, MAKE ANY CHANGES THAT'S NECESSARY TO BE MADE BEFORE IT GOES TO FINAL READING. SEPTEMBER 19TH FOR CITY COUNCIL. AND YOU ALL STILL MAKE YOUR DEADLINE FOR THE OCTOBER FOR THE OCTOBER DATE, FOR THE, FOR THE FISCAL YEAR. SECOND READING. IF IT'S A PREROGATIVE OF THE COUNCIL TO ADD ADD TO ADD LANGUAGE OR MAKE SOME REVISIONS, THEY'LL BE ADDED BETWEEN FIRST AND SECOND READING, AND THEN IT'LL BE ONCE IT'LL BE IMPLEMENTED AND ADOPTED AT SECOND READING. SO WHAT THIS DOES IS IT'S KIND OF IMAGINE IT, IT'S IT'S SET UP AS TWO SEPARATE ORDINANCES. BUT IF WE WERE TO COMBINE IT THIS WOULD BE A REPEAL AND REPLACE. AND THAT'S WHAT THIS IS. SO ORDINANCE 20 2432 REPEALS 2433 REPLACES. THAT'S I MEAN, INSTEAD OF IT BEING ALL IN ONE ORDINANCE, THAT'S HOW WE DO IT. BUT NO. THERE. YES, YOU CAN ADD THERE. CHANGES CAN BE MADE, REVISIONS CAN BE MADE BETWEEN FIRST AND SECOND READING. AND JUST TO BE CLEAR, THIS ISN'T REPEALED UNTIL SEPTEMBER 19TH. SO YOU'RE MAKING A RECOMMENDATION TO COUNCIL TO MOVE FORWARD WITH BOTH. BUT IT'S GOING TO BE COUNCIL WHO WILL THEN DO THEIR THEIR TWO PUBLIC HEARINGS. AND THE FINAL ONE SHOULD BE SEPTEMBER 19TH. YES, SIR. AND THEN AT THAT POINT THE OLD LAND DEVELOPMENT CODE GOES AWAY AND THE NEW ONE GETS INSTALLED. AND BUT IN BETWEEN THAT TIME, WE'RE HOPING TO GET SOME FEEDBACK AND WE CAN ADD PROVISIONS TO IT AND CHANGES. BUT THEN ALSO MR. WARNER B B BE VERY, VERY COGNIZANT THAT NO LAND DEVELOPMENT CODE, ALL LAND DEVELOPMENT CODES ARE LIVING DOCUMENTS. THEY CHANGE, THEY GET UPDATED, THEY ACCOMMODATE, YOU KNOW, THE THE LEGISLATION CHANGES SO THEY HAVE TO CHANGE. SO IT'S A LIVING DOCUMENT. SO AS WE FIND THINGS IN THIS IS NOT PERFECT BY ANY MEANS. [03:05:01] BUT SO AS WE FIND THINGS IN THE FUTURE THEN WE MAY WANT TO CLARIFY OR, OR CEMENT OR ADD. WE WILL BE BRINGING CODE TEXTUAL AMENDMENTS TO YOU THROUGHOUT THE LIFE OF THIS THIS DOCUMENT, BECAUSE THEY'RE LIVING DOCUMENTS JUST FROM EXPERIENCE. MY PRIOR JURISDICTION IN THE THREE YEARS I WAS THERE, WE WERE AVERAGING MAYBE ONE GLITCH BILL EVERY OTHER MONTH TO CLEAN UP THAT CITY DID A COMPLETE REWRITE OF THE LAND DEVELOPMENT CODE. AND AS IT WAS BEING IMPLEMENTED AND IT PROGRESSED FORWARD, CERTAIN THINGS WERE FOUND THAT THE PUBLIC THEY WERE CLUNKY. SO GLITCH BUILDS WERE DONE, WERE MADE TO TO MAKE THOSE REVISIONS AND AMENDMENTS TO THEM TO TO CLEAN UP THINGS AS YOU DISCOVER AS IT GETS IMPLEMENTED. SO YES, IT IS. IT IS A LIVING, BREATHING DOCUMENT, AS IT ALWAYS HAS BEEN. SO TO SUMMARIZE, WE HAVE A OH, SORRY. YOU HAVE ANOTHER COMMENT. YES, YES. THANK YOU, MR. CHAIR. MY ONLY CONCERN IS YES, WE'VE RECEIVED NEW IDEAS AND CRITIQUE TODAY. IS THERE A MECHANISM IN PLACE CURRENTLY FOR THE PUBLIC TO GET THEIR CONCERNS TO YOU SO THAT THEY CAN BE REVIEWED PRIOR TO ANY FINAL IMPLEMENTATION. YES, SIR. I WOULD RECOMMEND THAT WE HAVE CAPTURED AS MANY NOTES AS WE CAN THIS EVENING, AND WE WILL FOLLOW UP WITH THE MEETING MINUTES, HOWEVER. MY EMAIL IS ONLINE OR THE LAND DEVELOPMENT DEPARTMENT'S EMAIL IS ONLINE AND THOSE CONCERNS OR CRITIQUES CAN BE SENT TO THAT. AND WE WILL WE WILL CAPTURE THEM AND BRING THEM INTO PLAY AND BRING THEM FORWARD. THANK YOU. YEAH. I JUST THINK THAT. I'M SORRY. I'M SORRY, MR. JAFFE. YEAH. I MEAN, I'LL JUST BE FRANK. I MEAN, THAT OPPORTUNITY WAS JUST THERE, AND YOU GUYS APPROVED IT. IT'S MUCH GOING TO BE MUCH HARDER TO MAKE CHANGES, IN MY OPINION. LATER. BUT MY QUESTION IS ON T 24 00003, DO WE HAVE TO PROVIDE A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE AS THE STATE'S RIGHT THERE ON THE PAGE? IS THAT A REQUIREMENT? THAT'S THAT'S FOR THE COUNCIL TO DO. SO SO WHAT YOU'RE READING IS JUST A SYNOPSIS OF THE ORDINANCE. EVERY ORDINANCE HAS THAT LANGUAGE IN IT. EVERY ORDINANCE SAYS PROVIDING FOR SEVERABILITY CLAUSE PROVIDING FOR AN EFFECTIVE DATE. AND THAT ORDINANCE IS WRITTEN BY THE CITY CLERK. AND AND THAT IS FOR THE COUNCIL TO APPROVE, NOT THIS BOARD. THIS BOARD IS JUST MAKING A RECOMMENDATION THAT THIS MOVES FORWARD LEGALLY BY EFFECTIVE DATES. BUT, YOU KNOW, CITY ORDINANCES BECOME EFFECTIVE ON THE DATE OF ADOPTION. OKAY. SECOND READING UNLESS THE LOCAL GOVERNMENT DECIDES TO EXTEND OUT AN EFFECTIVE DATE, IF THEY DEEM A DATE, JUST THE MINIMUM REQUIRED STATUTORILY IS THAT IT BECOMES EFFECTIVE UPON ADOPTION UNLESS OTHERWISE NOTED. IT'S PRO FORMA. MR. WARNER. DID YOU HAVE A COMMENT? NO, NO, I THINK HE'S GOT AN ANSWER WITH MR. JAFFE'S QUESTION. OKAY. SO, TO SUMMARIZE, MR. ESSER. BOEREMA. HAS I MADE THE MOTION TO WANT ME TO REPEAT IT? YES, PLEASE. OKAY. MOTION TO APPROVE T 24 00003. DO WE HAVE A SECOND? YES. SECOND. OKAY, WE HAVE A SECOND. ALL THOSE IN FAVOR? I, I. ALL THOSE OPPOSED? NAY. CHANDRA, DO YOU WANT TO DO A ROLL? ROLL CALL? YES. MR. BOEREMA. MR.. BOEREMA I. MR.. GOOD. I. MR.. JAFFE. NAY. MR. MCLEOD. AYE. MR.. WARNER. MR.. WARNER? YEAH. NO. YEAH, I. CITY STAFF. IS THERE ANYTHING ELSE THAT WE NEED TO GO OVER FOR THIS? SIR, AGAIN, THANK YOU ALL VERY MUCH FOR YOUR CONSIDERATION THIS EVENING. OKAY. WITH THAT, I'LL CALL THIS MEETING ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.