[CALL TO ORDER:]
[00:00:05]
ALL RIGHT. I'D LIKE TO CALL THIS MEETING TO ORDER.
PLANNING AND ZONING BOARD MEETING.
REGULAR MEETING 2024 DASH TEN.
AND IT'LL BE MY PRIVILEGE TO LEAD US IN THE PLEDGE OF ALLEGIANCE.
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. I'LL ASK FOR A ROLL CALL, PLEASE.
MR. GOOD HAS ASKED TO BE EXCUSED.
MR. JAFFEE HAS ALSO ASKED TO BE EXCUSED.
MISS JORDAN PRESENT, MR. MCLEOD. PRESENT, MR. OLSZEWSKI. PRESENT.
AND OUR SCHOOL BOARD APPOINTEE POSITION IS STILL VACANT.
CHIEF DEPUTY CITY ATTORNEY MICHAEL RODRIGUEZ IS PRESENT.
THANK YOU. MA'AM. YOU'RE WELCOME.
DO I HEAR A MOTION TO ADOPT THE THE MINUTE MEETING?
[ADOPTION OF MINUTES:]
THE MEETING MINUTES FOR REGULAR MEETING 2020 407.FOR THE BENEFIT OF THE APPLICANTS IN THE AUDIENCE.
[ANNOUNCEMENTS:]
THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS.THE MEETING PROCEDURES WILL BE AS FOLLOWS.
THE LAND DEVELOPMENT DIVISION STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE.
BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF, THE APPLICANT OR THE REPRESENTATIVE WILL THEN BE ASKED TO APPROACH THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE, AND TO ANSWER ANY QUESTIONS FROM THE BOARD.
THE FLOOR WILL THEN BE OPEN TO PUBLIC COMMENT.
PLEASE PRINT LEGIBLY ON THE ON THE CARD AND SPEAK DIRECTLY INTO THE MICROPHONE.
STATE YOUR NAME, ADDRESS AND YOUR COMMENTS FOR THE RECORD AS A COURTESY.
AFTER PUBLIC COMMENTS, I'LL BRING THE CASE BACK TO THE BOARD.
AT THIS TIME, THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS WILL BE HEARD FROM THE AUDIENCE.
AND THEREFORE, I ASK THE MEMBERS OF THIS BOARD TO DISCLOSE ANY EX PARTE COMMUNICATIONS YOU MAY HAVE HAD WITH ANYONE REGARDING THIS, ANY ITEM THAT IS ON THE AGENDA. IF YOU HAVE HAD.
SO, PLEASE IDENTIFY THE AGENDA ITEM AND WHO YOU HAVE SPOKEN TO.
IF YOU HAVE NOT, I WILL ACCEPT YOUR SILENCE AS COMPLIANCE WITH THAT.
SEEING NONE, WE'LL GET INTO OUR BUSINESS.
[Additional item]
STAFF WOULD LIKE TO RECOMMEND THAT WE MOVE THE UNFINISHED BUSINESS ITEM Z 24 0000 FOR THE REZONING FROM RM 10 TO 15 TO THE BACK TO THE AGENDA WITH BEHIND FIVE AND BEFORE SIX, JUST TO TAKE ALL OF THE REZONINGS TOGETHER.THIS IS JUST FOR YOUR CONSIDERATION.
IF THE BOARD WOULD LIKE TO DO THAT, THEN WE WILL HAVE TO HAVE A MOTION AND A VOTE ON THAT.
DO I HEAR A MOTION FOR SUCH? SO MOVED. SECOND.
OKAY, SO WE HAVE A MOTION BY MRS. JORDAN. IT'S SECONDED BY MR. MCLEOD TO MOVE OUR OLD AND UNFINISHED BUSINESS ITEM IN BETWEEN ITEMS FIVE AND SIX UNDER NEW BUSINESS.
WHICH BRINGS US INTO OUR NEW BUSINESS.
[NEW BUSINESS:]
AND IT BRINGS UP NEW BUSINESS.ITEM NUMBER ONE, WHICH IS CASE Z2400002.
AND I'LL DEFER TO MISS FRAZIER.
TO MISS JEFFERSON. THANK YOU, MA'AM.
GOOD EVENING. BOARD CHAIR AND MEMBERS OF THE BOARD.
GOOD EVENING. FOR THE RECORD, ALTHEA JEFFERSON.
AND TONIGHT I'M PRESENTING TO YOU AN APPLICATION Z 24 00002, WHERE THE APPLICANT, ROYAL WASH.
[00:05:10]
PSL, IS REQUESTING A REZONING FROM GENERAL COMMERCIAL TO COMMUNITY COMMERCIAL.THE SUBJECT SITE IS LOCATED AT THE INTERSECTION OF BABCOCK STREET AND MALABAR ROAD ON THE SOUTHEAST CORNER, AND A SLIGHTLY LARGER THAN AN ACRE. TO ANALYZE THIS CASE, STAFF REFERRED TO CHAPTER 185 OF THE ZONING CODE, WHICH STATES THAT ALL PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT CODE SHALL BE SUBMITTED FIRST TO THIS BOARD, AND THEN THIS BOARD WILL ANALYZE AND MAKE A RECOMMENDATION TO THE COUNCIL USING THE FACTORS OF ANALYSIS FOUND IN SECTION 185.201 C2, THE.
IN STAFF'S OPINION, THE APPLICANT'S RESPONSES TO THE FACTORS OF ANALYSIS STRONGLY SUPPORTS THE REQUEST FOR THE REZONING TO CC DISTRICT, AND THE REQUEST IS CONSISTENT WITH THE LAND DEVELOPMENT CODE STATED INTENT FOR THE COMMUNITY COMMERCIAL DISTRICT.
STAFF ALSO CONSIDERED CONSISTENCY WITH THE COMP PLAN, AND FINDINGS SHOW THAT THE REQUEST IS CONSISTENT WITH THE FUTURE LAND USE MAP POLICY. FLU.
AND WITH THE PROPERTY RIGHTS ELEMENT POLICY PR ONE B.
WITH THAT, I'LL TAKE ANY QUESTIONS.
MEMBERS OF THE BOARD, HAVING HEARD THE STAFF REPORT, ARE THERE ANY QUESTIONS FOR THE STAFF BEFORE WE HEAR FROM THE APPLICANT? ALL RIGHT. SEEING NO QUESTIONS, WE'LL GET A BRIEF PAUSE.
I'M TRYING TO DO IT WITH THIS, AND I'LL JUST USE MY MOUSE, SO I APOLOGIZE.
OKAY. AND THAT'S THE ONLY SLIDE FOR THAT ONE.
OKAY. SO THAT BEING SAID, WILL THE APPLICANT OR THE REPRESENTATIVE PLEASE APPROACH THE MICROPHONE AND GIVE YOUR PRESENTATION? GOOD EVENING.
MY LAW FIRM IS MANGROVE TITLE AND LEGAL P LLC.
WE'RE LOCATED AT 1530 US HIGHWAY ONE IN ROCKLEDGE, FLORIDA.
WE ARE HERE ON BEHALF OF THE APPLICANT, ROYAL WASH PSL, LLC.
AS YOU LIKELY SAW ON YOUR AGENDA, WE HAVE TWO ITEMS THIS EVENING.
AS MISS JEFFERSON POINTED OUT, WE HAVE MET THE FACTORS, AND SHE HAS RECOMMENDED APPROVAL OF THIS.
THE OVERARCHING PLAN HERE IS TO REZONE THIS TO COMMUNITY COMMERCIAL SO THAT THERE CAN BE A CONDITIONAL USE, WHICH WILL ALLOW FOR RETAIL AUTOMOTIVE FUEL SALES.
HERE WITH ME TONIGHT, I HAVE MR. ALEX BENOIT. HE IS OUR CLIENT.
SHE IS OUR ENGINEER WHO HAS BEEN WORKING ON THE CONCEPTUAL PLAN.
AND THEN I ALSO HAVE SEVERAL GENTLEMEN FROM OUR END USER, WHICH IS 7-ELEVEN.
AS MENTIONED, IF YOU LOOK AT THE MAP THERE, YOU CAN SEE AT THIS INTERSECTION ALL THE OTHER PROPERTIES, IF YOU'RE STANDING ON THE CORNER, ALL THE OTHER PROPERTIES ACROSS THE STREET, THEY'RE ALREADY ZONED COMMUNITY COMMERCIAL.
SO THIS USE IS GOING TO BE COMPATIBLE WITH THAT.
SO LET ME JUST CHECK MY NOTES HERE.
AND THAT'S REALLY ABOUT IT THAT I HAVE ON THIS PARTICULAR ONE.
[00:10:04]
I'LL JUST NOTE THAT FOR THE RECORD, WE DON'T HAVE ANY LETTERS IN THE FILE PERTAINING TO THIS CASE, AND I WILL ASK THE BOARD IF THERE'S ANY QUESTIONS FOR THE APPLICANT AT THIS CURRENT TIME. YES, SIR.MR. WARNER, OR IN YOUR PLANS TO MOVE FORWARD, I NOTICED THAT IT'S A DEUCE, A ROYAL CAR WASH.
SO WE'RE ALSO LOOKING AT PUTTING A CAR WASH ON THAT SITE.
OR IS IT JUST GOING TO BE RETAIL FUEL, IF YOU YOU MAY RECALL THAT A NUMBER OF MONTHS BACK, THERE WAS A PROPOSAL TO DO A TEXT AMENDMENT TO ALLOW FOR A CAR WASH ON THIS SITE.
HOWEVER, THE CITY COUNCIL DID NOT ALLOW THAT TO GO FORWARD, AND SO OUR CLIENTS HAD TO PIVOT FROM SAYING, OKAY, WE'RE GOING TO DO A CAR WASH TO SAYING WE'RE GOING TO DO RETAIL, AUTOMOTIVE, FUEL SALES AND SWITCHING EVERYTHING OVER TO THE COMMERCIAL TO, I'M SORRY, TO NEIGHBORHOOD COMMERCIAL.
IT WILL ALLOW YOU TO BE ABLE TO DO GO AHEAD AND DO THE RETAIL.
AND WE'RE MEETING THOSE CRITERIA FOR THAT CONDITIONAL USE.
BUT OBVIOUSLY WE CAN DISCUSS THAT ON THE SECOND AGENDA ITEM.
ANY FURTHER QUESTIONS FOR THE APPLICANT? I WILL JUST BRIEFLY ASK THE SOMEWHAT OBVIOUS THAT IS NOT A USE THAT IS COMPATIBLE WITH GENERAL COMMERCIAL.
HENCE WHY WE'RE ON THIS FIRST CASE.
SO THAT'S WHY WE HAD TO SAY WE NEED TO REZONE IT.
AND THEN ONCE WE REZONE IT, WE NEED TO MOVE ON TO CAN WE GET THIS CONDITIONAL USE.
SO THANK YOU VERY MUCH, SIR, FOR YOUR PRESENTATION AND FOR THOSE ANSWERS.
SO IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION? ALL RIGHT. WE'RE GOING TO RUN IT RIGHT TO LEFT, SIR.
TIME LIMITS. REMIND THEM OF THE TIME LIMIT.
I AM A BUSINESS OWNER IN THIS AREA WHERE THEY'RE REQUESTING THE REZONING TO OCCUR.
I'VE BEEN A RESIDENT IN THIS AREA FOR 15 YEARS.
THE AREA IS NOT BUILT FOR ANY ADDITIONAL TRAFFIC.
THIS ALLEYWAY IS NOT DESIGNED FOR ANY SORT OF TRAFFIC.
I HAVE A PROBLEM IN MY OWN BUSINESS WITH CARS USING OUR PARKING LOT AS A WAY TO CUT THROUGH IN ORDER TO AVOID THE CONGESTION THAT EXISTS THERE.
SO THE REFERENCED BUSINESSES ON THE NORTH SIDE AND ON THE WEST SIDE OF THIS INTERSECTION, THESE AREAS ARE ALREADY BUILT FOR TRAFFIC WHERE THEY'RE ASKING FOR THE ZONING CHANGE TO BE.
IT WOULD PROBABLY WORK, BUT THE PLANS THAT THEY'VE PROPOSED, AND THE ZONING CHANGE MEANS THAT AN AREA THAT ALREADY CANNOT HANDLE THE TRAFFIC WE HAVE WILL THEN HAVE EVEN ADDITIONAL TRAFFIC OF THE HOPEFULLY SUCCESSFUL BUSINESS.
WE'D WANT ALL BUSINESSES IN PALM BAY TO BE SUCCESSFUL FILLING OUR AREAS WITH CARS.
IT'S JUST NOT THE RIGHT AREA TO CHANGE THE ZONING.
THANK YOU. THANK YOU FOR YOUR COMMENTS, SIR.
WAS POINTING TO THE NEXT. THANK YOU.
EXCUSE ME, BUT YOU RAN 219 TRENTON AVENUE.
BUT I HAVE THE SAME COMPLAINTS.
DO YOU WANT THE NAME OF THE BUSINESS OR.
THAT'S ACROSS FROM THEM WHERE THEY'RE AT.
ARE YOU FREE TO SHARE WITH WHATEVER YOU'D LIKE, SIR? COOL CARS IS THE NAME OF THE BUSINESS.
THE OWNERS WERE SUPPOSED TO BE HERE TONIGHT, BUT I DON'T THINK THEY COULD FIND AN ENTRANCE DOOR.
TOOK ME. TOOK ME FOREVER TO FIND IT.
THE OTHER THING IS, LIKE THIS GENTLEMAN JUST SAID, IS THE ENTRANCE GOING TO BE ON BABCOCK?
[00:15:02]
IS THE ENTRANCE GOING TO BE ON MALABAR ROAD? AND IF YOU'RE FAMILIAR WITH THAT AREA, IT'S A TERRIBLE PLACE TO TRY TO GET IN AND OUT OF ESPECIALLY WITH THE TRAFFIC GOING UP NORTH AND SOUTH ON BABCOCK. IT'S AND THERE'S ALREADY ONE GAS STATION RIGHT ACROSS THE ROAD FROM WHERE THEY'RE PROPOSING TO PUT THIS ONE.AND LIKE THE OTHER GENTLEMAN SAID, IT'S AN ALLEYWAY.
IT'S NOT EVEN A STREET THAT'S BEHIND THEM.
SO I JUST I THINK IT'S A BAD IDEA.
AND NOT A GOOD PLACE TO PUT A BUSINESS.
LET'S SEE. IT'S WHERE THE CAR WASH IS.
RIGHT THERE WHERE IT SAYS ROYAL CAR WASH.
AND THEN THESE BUSINESSES RIGHT HERE ACROSS THE STREET FROM THEM.
IT'LL JAM UP PEOPLE TO BE ABLE TO GET TO THEIR BUSINESS.
THANK YOU FOR YOUR COMMENT, SIR.
BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.
VERY SIMILAR STATEMENTS, BUT MINE'S GOING TO QUESTION INITIALLY ON THE INITIAL CHANGE.
SO MY QUESTION IS, IF THAT'S WHAT ALL YOU'RE DOING, WHY DIDN'T YOU JUST ASK FOR THE CONDITIONAL USE IN THE EXACT SAME ZONING YOU HAVE? WHY CHANGE IT TWICE? BECAUSE YOU HAVE TO MEET A CONDITIONAL USE ANYHOW FOR EITHER ONE.
SO WHY NOT JUST PROCEED WITH CONDITIONAL USE AND INITIAL CHARGE? THAT'S THE FIRST FIRST QUESTION.
WHY CHANGE OUR MAPS TO MAKE THEM COINCIDE WITH WHAT A NEW WHAT ANOTHER BUSINESS WANTS? THE OTHER QUESTION, SINCE WE'RE TALKING ABOUT ITEM NUMBER TWO, WAS THE SAME THING EXITING OUT.
IF YOU WANT TO GO WEST, YOU HAVE TO CROSS THREE LANES OF TRAFFIC, AND THAT'S ON BABCOCK ROAD IN ORDER TO MAKE THE LEFT HAND TURN LANE AT A STOP TRAFFIC LIGHT THAT ONLY HAS APPROXIMATELY AND 50FT.
THAT'S NUMBER ONE TO COME OUT ON THAT SIDE.
NUMBER TWO IS THE INDIVIDUALS LEAVING OUT ONTO MALABAR ROAD.
THAT IS ALSO THE SECTION WHERE PEOPLE CROSS FROM MALABAR CROSS BABCOCK ROAD.
SO IT'S PEOPLE TRYING TO RAPIDLY CHANGE LANES.
SO THERE'S DEFINITELY SOME SAFETY HAZARDS WITH THAT RIGHT.
IS THAT GOING TO BE REQUIRING.
AND THAT'LL BE MORE FOR THE PUBLIC WORKS WHERE IT'S GOING TO BE.
YOU CAN'T SEE IT ON THESE DRAWINGS.
MAYBE SOMEBODY WILL HAVE THE ANSWERS, BUT I CAN'T SEE CHANGING A ZONING.
THEN ASK FOR A CONDITIONAL, THEN REZONE IT AND THEN ASK FOR A CONDITIONAL USE.
WHY NOT JUST ASK FOR THE CONDITIONAL USE IN THE BEGINNING? AND THEN WE COULD ELIMINATE ALL OF THIS INTO ONE READING.
IS THERE ANYONE ELSE WHO WISHES TO SPEAK IN OPPOSITION TO THIS REQUEST? HELLO, MY NAME IS STEVE ABBOTT.
I OWN COOL CARS, WHICH IS DIRECTLY BEHIND THE BUILDING IN QUESTION.
AND THE PROBLEM THAT I'M HAVING WITH THIS IS THE ALLEYWAY USE IN THE MORNINGS.
ALL THE BUSINESSES ON THAT ALLEYWAY USES THAT.
AS FOR LOADING AND UNLOADING VEHICLES.
WE HAVE PALM BAY ALUMINUM DOWN THE ROAD, WHICH HAS 4 OR 5 TRUCKS.
PLUS THEY GET DELIVERIES IN THE MORNINGS.
WE HAVE CARS THAT COME AND GO AND GET DROPPED OFF FOR REPAIRS.
AND THERE'S NUMEROUS OTHER BUSINESSES DOWN THERE.
SO MY BIGGEST QUESTION WAS WITH HOW THEY'RE GOING TO UTILIZE THAT ALLEYWAY FOR ACCESS AND ENTRYWAY, BECAUSE WITHOUT THAT, I DON'T THINK THEY'LL BE ABLE TO USE THAT PROPERTY FOR WHAT THEY WANT TO DO WITH IT.
SO THAT WAS ONE OF THE PROBLEMS THAT I HAD WITH IT.
IS THERE ANYONE ELSE WHO WISHES TO SPEAK IN OPPOSITION TO THIS REQUEST? SEEING NONE, WE'LL NOW CLOSE THE FLOOR TO PUBLIC COMMENT.
SORRY, DIDN'T LOOK THAT DIRECTION.
[00:20:01]
MY APOLOGIES.WE ARE A FAMILY BUSINESS THAT IS RUN AROUND THAT AREA, THAT BACK ROAD THAT EVERYONE'S TALKING ABOUT.
YOU KNOW, IT JUST COULD BE A PRETTY MUCH DANGEROUS FOR US, OUR EMPLOYEES AND WHOEVER'S DRIVING THAT WAY, ESPECIALLY IF WE'RE LOADING AND OFFLOADING WITH THESE BIG MACHINES.
OKAY. THAT'S IT. THANK YOU, MR. CHAIR. COULD YOU PLEASE GET THEIR NAME AND.
OH, YES. IF YOU COULD JUST STATE YOUR NAME AND THE ADDRESS OF YOUR BUSINESS FOR THE RECORD.
THANK YOU. I'M SORRY, MELANIE VENTURA.
AND WHAT IS YOUR BUSINESS? 1378 MALABAR ROAD.
ANYBODY ELSE? ALL RIGHT, THAT'S IT. I'LL ASK THE APPLICANT TO RESPOND TO THESE INQUIRIES.
SO WHAT HAVE WE DONE ALREADY? WELL, WE'VE DONE A TRAFFIC STUDY AND WE'VE MADE A TRAFFIC MEMO, AND WE'VE ALSO MADE A SITE PLAN THAT TAKES THE TRAFFIC INTO CONSIDERATION.
SO OUR TRAFFIC MEMORANDUM THAT WE HAVE SUBMITTED OUTLINES THAT THERE'S NOT GOING TO BE ANY KIND OF IMPACT AS IT PERTAINS TO MALABAR ROAD, TO ADDRESS THE QUESTIONS, WHERE'S WHERE'S THE TURN GOING TO BE? WELL, THE PRIMARY ENTRANCE TO THE SITE WILL BE OFF OF MALABAR ROAD.
IT'S NOT GOING TO BE OFF OF BABCOCK.
AND SO BASED ON THE TRAFFIC ANALYSIS THAT HAS BEEN CONDUCTED AND THE ENGINEERING REPORTS, WE'RE NOT FORESEEING ANY ISSUES ARISING FROM THAT. I WOULD ALSO HAZARD TO GUESS THAT, YOU KNOW, RIGHT NOW, THIS BUILDING IS VACANT.
THIS PARK, YOU KNOW, THIS BUILDING IS NOT BEING USED.
SO ANY SORT OF USAGE WHATSOEVER IS GOING TO BE SOME FORM OF IMPACT AS TO TRAFFIC FOR THESE FOLKS.
AND SO I DON'T THINK THAT SHOULD BE A DISPOSITIVE CONSIDERATION, ESPECIALLY WHEN WE ARE GOING TO BE WORKING WITH THE CITY, FDOT, ALL THE RELEVANT PARTIES TO MAKE SURE THAT ANY KIND OF TRAFFIC IMPACTS ARE GOING TO BE MINIMIZED THROUGHOUT THE SITE PLANNING PROCESS.
OKAY. BEFORE YOU GO, DOES THE BOARD HAVE ANY FURTHER QUESTIONS OF THE APPLICANT? MR. MACLEOD, GIVEN THE CONCERNS OF THE BUSINESSES CLOSE BY? IS YOUR PLAN? YOUR TRAFFIC PLAN AVOIDS THE ALLEYWAY.
AND I WOULD LIKE TO HEAR FROM THE ENGINEER.
YES. BECAUSE IF THE CONCERN IS INCREASED TRAFFIC IN THE ALLEYWAY, I'M SURE YOU COULD COME UP WITH A PLAN FOR EGRESS AND INGRESS THAT AVOIDS THE ALLEYWAY.
AND CONSISTENT WITH THE THE USAGE IN THAT AREA.
GOOD AFTERNOON. MY NAME IS JAMIE.
I'M WITH THOMAS ENGINEERING GROUP.
DO YOU, DO YOU NEED ME TO STATE ADDRESS FOR THIS, PLEASE? 1502 WEST FLETCHER AVENUE, TAMPA, FLORIDA.
33612. SO FOR THE CURRENT SITE PLAN THAT WE ARE SHOWING.
AND LIKE OUR ATTORNEY HAS MENTIONED, WE ARE WORKING WITH FDOT TO COME UP WITH THE BEST BEST TRAFFIC DESIGN TO COME UP WITH FOR THE AREA, AS WELL AS THE BUSINESSES AND THE ALLEYWAY.
WE ARE UNABLE TO PROVIDE A DIRECT ACCESS ON BABCOCK STREET BASED ON THE INTERSECTION REQUIREMENTS AND THE DRIVEWAY SEPARATION REQUIREMENTS, HENCE THE DIRECT ACCESS TO MALABAR. AND WITH THAT BEING SAID, WE DON'T HAVE ENOUGH DRIVEWAY SEPARATION EVEN FOR MALABAR.
SO WE ARE PROVIDING AN ALTERNATIVE PER FDOT REQUEST FOR 73FT JUST TO NOT TO GET INTO DETAILS, BUT WE ARE PROVIDING ADEQUATE THROAT DEBT FOR THE MALABAR ROAD.
[00:25:03]
REVIEW OR ANYTHING LIKE THAT, BUT WE CAN DEFINITELY TAKE INTO CONSIDERATION.BUT WITH THAT BEING SAID, IF WE ARE TO LOSE BOTH OF THE ACCESSES TO THE ALLEYWAY, WE WOULD JUST BE LEFT WITH ONE, WHICH WOULD BE PROVEN DIFFICULT FOR THE FUEL TRUCK DELIVERIES.
AND YOU KNOW, LET ME FOLLOW UP.
IS THERE AN OPPORTUNITY TO WIDEN THE ALLEYWAY? THAT I WOULD LEAVE THAT TO MY CLIENT AND THEIR ATTORNEYS.
I MEAN, IF I'M IF I'M TOLD TO DO SO, I WOULD BE MORE THAN HAPPY TO.
BUT I THINK THAT DECISION WOULD COME FROM THE AUTHORITY HAVING JURISDICTION AS WELL AS THE CLIENTS.
IS THERE ANY FURTHER QUESTIONS FOR THE APPLICANT, PLEASE, MR. BOEREMA? I THINK I'M I'M OPPOSED TO THIS MAINLY BECAUSE IF FDOT HASN'T SIGNED OFF ON IT YET, HOW CAN THEY EXPECT US TO VOTE ON THIS UNTIL THEY COME UP WITH A SOLUTION FOR THAT ALLEYWAY, WHETHER IT'S OR NOT? RIGHT. SO JUST TO PLEASE, PLEASE JUMP ONTO THE MIC, TAKE TURNS.
SO WE'RE NOT AT THAT STAGE YET.
SO ONCE WE GET PAST THIS STEP, THEN OBVIOUSLY WE'RE GOING TO GO TO CITY COUNCIL.
SO HERE TONIGHT, WE'RE NOT HERE TO DECIDE, YOU KNOW, IS TRAFFIC GOOD OR BAD OR NOT? WHAT WE'RE HERE ABOUT IS CAN WE CHANGE THIS FROM A GENERAL COMMERCIAL TO A COMMUNITY COMMERCIAL THAT IS CONSISTENT WITH ALL THE OTHER PROPERTIES AROUND THAT INTERSECTION? OUR JOB HERE AS A BOARD IS FOR THE CITIZENS, CITIZENS OF THE CITY, AND WE REPRESENT THEM.
AND CITY COUNCIL CAN PRETTY MUCH, YOU KNOW, THEY'RE ELECTED.
BUT AS FAR AS I'M CONCERNED, IT'S A NO GO ON THIS.
THANK YOU. IF I COULD ADD SOMETHING TO THIS.
WE HAVE HAD MULTIPLE MEETINGS WITH FDOT AND THE TRAFFIC ENGINEER ON OUR TEAM, AND THEY WE'VE HAD TWO PRE-APPLICATION MEETINGS AS OF DATE, AND THEY HAVE GIVEN THEIR, I GUESS, BLESSING AND INFORMAL BLESSING TO MOVE FORWARD WITH OUR SITE PLAN.
AS FAR AS THE ACCESS GOES AT THIS POINT IN TIME, LIKE I'VE MENTIONED BEFORE, WE HAVEN'T HAD ANY FORMAL APPROVALS YET BECAUSE WE ARE SO, YOU KNOW, EARLY INTO THE SUBMITTAL PROCESS AND SUCH.
SO I JUST WOULD LIKE TO ADD THAT POINT IN THERE.
AS I REPEAT AGAIN, WE'RE JUST HERE TO ADVISE CITY COUNCIL.
SO IF THEY WOULD LIKE TO GO AHEAD WITH THIS, THAT'S THEIR PREROGATIVE.
BUT AS I SEE FOR THE CITIZENS IT'S NOT ACCEPTABLE.
THANK YOU. THANK YOU, MR. BOEREMA, AND THANK YOU FOR YOUR ANSWERS TO THOSE INQUIRIES.
ARE THERE FURTHER QUESTIONS FOR THE APPLICANT? MR. WARNER? YES. YES, SIR.
OBVIOUSLY YOU HAD A BIG CONCERN.
HERE IS THE ALLEYWAY AND THE AND THE THE THE TRAFFIC FLOW.
YOU ALL HAVE ALREADY ESTABLISHED WHAT THESE TANKS ARE GOING TO GO.
SO GIVEN WHERE THOSE TANKS, WHERE THOSE TANKS ARE GOING TO BE, THEN THAT THAT ALSO IS GOING TO ALSO CONDENSE THE THE USE OF THE PROPERTY.
SO THEN AGAIN, JUST LOOKING AT THIS, THEN HOW WOULD YOU ALL COME UP WITH A COME UP WITH A DIFFERENT A DIFFERENT INGRESS OR EGRESS IN ORDER TO, YOU KNOW, WORKING AROUND THOSE TANKS.
SO THE CURRENT ITERATION OF OUR SITE PLAN HAS KIND OF THE, THE TANKS KIND OF TUCKED AWAY ON THE EAST SIDE ACROSS FROM THE PROPOSED DRIVE SO THAT IT'S I KNOW IT'S KIND OF DIFFICULT TO EXPLAIN WITHOUT ANY VISUALS, BUT THE TANKS SHOULDN'T BE AN ISSUE WITH INGRESS AND EGRESS FOR THAT ALLEYWAY ACCESS POINT.
THE ISSUE IS WITH THE FUEL TRUCK DELIVERY AND HOW IT'S GOING TO MANEUVER THE SITE ITSELF.
WE ARE GOING TO NEED AT LEAST TWO ACCESS POINTS FOR THAT TO HAPPEN, JUST BECAUSE YOU KNOW, THE LENGTH OF THE FUEL TRUCKS, IT'S NOT GOING TO BE ACCOMMODATED BY THE SPACE THAT WE HAVE, MINUS THE BUILDING AROUND THE SITE.
[00:30:01]
SO I GUESS TO ANSWER YOUR QUESTION, WE'D HAVE TO GO INTO FURTHER ANALYSIS TO TRY TO FIGURE OUT IF THE IF THE PRIORITY IS TO, YOU KNOW, MINIMIZE THE ACCESS POINT ON THE ALLEYWAYS, HOW WE CAN GO FORWARD WITH THAT.SO DID THAT ANSWER YOUR QUESTION? SORRY, I DON'T HAVE A DEFINITIVE ANSWER, BUT WE CAN DEFINITELY LOOK INTO IT IF THAT'S WHERE WE PLAN TO MOVE FORWARD WITH.
AND THANK YOU, MR. WARNER. MISS JEFFERSON, YOU HAVE SOMETHING TO ADD TO MR. CHAIR, I JUST WANT TO REMIND THE BOARD THAT THIS PARTICULAR ITEM THAT WE ARE TALKING ABOUT NOW IS THE REZONING FROM GENERAL COMMERCIAL TO COMMUNITY COMMERCIAL, AND WE ARE HELD TO THE FACTORS OF ANALYSIS FOR DECISION MAKING ON THIS PARTICULAR APPLICATION.
IDEALLY, WE'D BE ABLE TO PUT ON BLINDERS AND NOT I HAVE THIS APPLICATION IN MIND.
WE WE HAVE TO LOOK AT THIS ON ITS OWN.
AND SO I BELIEVE THIS DISCUSSION IS TAKING US IN A DIRECTION WHERE IT WOULD BE MORE FRUITFUL IN THE NEXT ITEM FOR THE CONDITIONAL USE REQUEST, BECAUSE THE REZONING IS HELD TO THE FACTORS OF ANALYSIS.
I VERY MUCH APPRECIATE YOU GROUNDING US IN THAT, MISS JEFFERSON.
AND LET ME JUST ASK YOU A BRIEF FOLLOW UP QUESTION.
WE WOULD STILL ENTERTAIN THAT CASE TONIGHT, RIGHT? SO THAT WE CAN GIVE BOTH RECOMMENDATIONS TO COUNCIL.
IT WOULDN'T RENDER THE SECOND CASE MOOT.
WE'D STILL HAVE THE CHANCE TO TALK THROUGH THOSE THINGS.
THAT WOULD BE FOR MR. ATTORNEY, AND I'LL DEFER TO HIM THEN.
THAT IS CORRECT. YOU WOULD BE RENDERING TWO RECOMMENDATIONS BECAUSE YOU ARE NOT THE FINAL DECISION ON THIS, ON THIS MATTER, BUT THE RECOMMENDATION THAT YOU PRESENT FORWARD TO THE CITY COUNCIL DOES AGAIN, HAS TO BE BASED ON THE SCOPE OF REVIEW THAT YOU HAVE BASED ON THE APPLICATION PRESENTED TO YOU.
NOW, SO IF YOU ELECT TO DECIDE TO VOTE TO DENY THIS APPLICATION OF THE ZONING, YOU HAVE TO BRING FORTH THE REASONS WHY FOR DENIAL BASED ON THE FACTORS FOR REZONING AND NOT OTHER FACTORS OUTSIDE OF THAT, BECAUSE THEN YOU START RUNNING INTO ISSUES WHERE YOUR DECISIONS ARE NOT BASED ON COMPETENT, SUBSTANTIAL EVIDENCE, AND THAT COULD BE SUBJECT TO TO JUDICIAL REVIEW.
SO WHEN THAT'S WHY YOU MAY TAKE INTO CONSIDERATION ALL THE INFORMATION AND TAKE ALL THE FACTS.
HOWEVER, YOUR DECISION HAS TO BE SUPPORTED BY COMPETENT, SUBSTANTIAL EVIDENCE AND THAT THAT DECISION IS BASED ON THE FACTORS AND THE THE SCOPE OF REVIEW FOR, IN THIS CASE, AN APPLICATION FOR A CHANGE OF ZONING IN THE NEXT MATTER YOUR REVIEW WILL BE BASED IN.
YOUR DECISION HAS TO BE BASED ON THE SCOPE OF REVIEW FOR A CONDITIONAL USE AND DOES THE APPLICANT MEET THE STANDARDS THAT THE CODE HAS SET FORWARD TO? TO OBTAIN A CONDITIONAL USE, OR IN THIS CASE, HAS THE APPLICANT BROUGHT FORTH THE STANDARDS AS PROVIDED IN THE CODE FOR AN AMENDMENT TO THE ZONING CODE? SO IT'S BECAUSE YOU SIT IN A QUASI JUDICIAL NATURE.
YOU ARE BASICALLY JUDGES, AND YOUR DECISION HAS TO BE YOU'RE BASICALLY DECIDING UPON THE EVIDENCE PRESENTED BY STAFF, EVIDENCE PRESENTED BY THE APPLICANT, AND THAT THEN WHATEVER YOUR DECISION IS HAS TO BE BASED ON THAT EVIDENCE THAT IS PRESENTED AND WHETHER IT FITS INTO THE SCOPE PROVIDED UNDER THE CODE.
I REITERATE MY THANKS AND GRATITUDE FOR THE FOR THE GROUNDING TO BOTH YOU AND MISS JEFFERSON.
THANK YOU VERY MUCH, MR. ATTORNEY.
SO THAT SAID, I JUST WOULD BE REMISS IF I DIDN'T ASK MISS JORDAN, DID YOU HAVE ANY FURTHER QUESTIONS? OKAY, SO I HAVE A FEW QUESTIONS.
MR. JEFFERSON, PLEASE QUESTION THAT WASN'T ANSWERED.
AND THAT IS WHY REZONE TO ASK FOR A CONDITIONAL USE IN THE THE CURRENT ZONING.
THIS USE IS NOT ALLOWED, PERMITTED OR CONDITIONAL.
AND THE PURPOSE OF THE CURRENT ZONING AND THIS IS DIRECTLY FROM OUR LAND DEVELOPMENT CODE.
WITHOUT EXTENSIVE INFRASTRUCTURE IMPROVEMENTS, AND ALSO IS USED TO PLACE LAND IN A HOLDING PATTERN UNTIL A SPECIFIC REQUEST IS PRESENTED THAT IS CONSISTENT WITH THE FUTURE LAND USE PLAN.
SO WITH THAT NOTED, I DO HAVE A FEW QUESTIONS FOR THE APPLICANT.
WE'RE TALKING ABOUT MALABAR, THIS SPECIFIC SECTION OF BABCOCK.
IS THIS CONSIDERED A STATE ROAD OR A COUNTY ROAD? IT'S A STATE ROAD. HENCE THE REFERENCES TO SPEAKING TO FDOT AND THEN MALABAR COUNTY STATE AS WELL
[00:35:07]
IN THIS PARTICULAR AREA.SO BOTH PARTS THAT YOU'RE GOING TO INTERFACE WITH LESS THE ALLEY ARE STATE ROADS.
AND WHILE WE'RE TALKING ABOUT IT, WHAT WOULD THE ALLEY BE CONSIDERED? THAT WOULD BE THAT WOULD BE I BELIEVE THAT WOULD BE CONSIDERED A PUBLIC RIGHT OF WAY.
SO THAT WOULD BE IF YOU COULD JUST TO THE MICROPHONE.
SORRY. I WAS NOT ABLE TO FIND ANY EASEMENTS OR ANY SUCH ON THE ALLEYWAY.
SO IT WOULD BE PUBLIC RIGHT OF WAY.
UNDERSTOOD. AND AS A FOLLOW UP QUESTION THE SURROUNDING AREAS, THE BUSINESSES WE'VE HEARD FROM THIS EVENING AND IMMEDIATELY IN THIS CORNER OF THE INTERSECTION, BECAUSE I'VE HEARD THE ATTORNEY SHARE WITH US THAT THE OPPOSITE CORNERS OF THE INTERSECTION ARE COMMUNITY, COMMERCIAL, THESE BUSINESSES THAT COME BEFORE US, THE LAND THAT THEY SIT ON AND THE SURROUNDING AREA IN JUST THIS, WHAT WOULD BE THE SOUTHEAST CORNER? WHAT ARE THOSE ZONED FOR? SO DIRECTLY BEHIND THE PROPERTY TO THE SOUTH IT IS COMMERCIAL, GENERAL, COMMERCIAL.
AND THEN THE PROPERTY TO THE EAST IS COMMERCIAL AS WELL.
THAT'S THE EXTENT OF MY QUESTIONS.
I'VE CHECKED WITH EVERYBODY. THERE'S NO FURTHER QUESTIONS.
AND I FEEL THAT WAY BECAUSE THESE TWO VERY WIDE STATE ROADS SEPARATE THE OTHER THREE CORNERS AND COMPLETELY CHANGE THE NATURE OF WHAT THE OTHER THREE CORNERS ARE.
WE, AS RESIDENTS OF THE CITY, ARE VERY FAMILIAR WITH WHAT SITS ON THOSE OTHER THREE CORNERS.
WE ARE FAMILIAR WITH THE RACETRACK AND HOW THEY'VE BEEN ABLE TO MITIGATE FLOW AND WHAT HAVE YOU.
WE'RE FAMILIAR WITH THE BUSINESSES THAT HAVE BEEN THERE FOR A VERY LONG TIME ON THE NORTHWEST CORNER, SUCH AS THARP'S AUTOMOTIVE AND TWISTY CONE AND AND THINGS OF A COMMUNITY COMMERCIAL NATURE.
ON THE SOUTHWEST CORNER SO FAR AS THE SOUTHEAST CORNER AND EVERYTHING THAT CONTINUES SOUTH AND EAST, IF YOU INCLUDE, WHETHER IT'S CANOVA STREET OR IF YOU GO AS FAR AS ANY OF THESE AREAS, THIS IS A COMMERCIAL PORTION OF OUR CITY.
IT IS NOT A COMMUNITY, COMMERCIAL PORTION OF OUR CITY, AND THEREFORE I WOULD NOT SUPPORT THIS ITEM.
MAY I MAY I PROPOSE? A POSSIBLE SOLUTION BEFORE WE CALL FOR A VOTE.
ABSOLUTELY. MR. MACLEOD, WHAT DO YOU HAVE? I THINK WE SHOULD HAVE LISTENED CAREFULLY TO WHAT COUNCIL SAID.
THIS PARTICULAR CASE IS STRICTLY TO DETERMINE THE USE.
THE SECOND PART IS WHERE ALL THE CONCERNS WOULD HAVE BEEN RAISED.
THE CITY HAS REPORTED TO US THAT THE APPLICATION MEETS THE REQUIREMENTS FOR THE CHANGE IN ZONING.
AND I THINK THE ARGUMENTS THAT WE'VE HEARD DO NOT IMPACT ON THE CITY'S CONCLUSION.
THAT WOULD BE FOR THE NEXT CASE.
SO I THINK WE NEED TO BE CLEAR ON WHAT WE'RE VOTING ON.
I APPRECIATE THAT, MR. MACLEOD. I APPRECIATE YOU SHARING YOUR SENTIMENT.
I I IN NO INTENTION TO REBUT, BUT JUST TO CONTINUE THE CONVERSATION, I'M PUTTING MY BLINDERS ON.
IT'S A MATTER OF THAT IS A COMMERCIAL A GENERAL COMMERCIAL AREA? IF YOU LOOK AT THE BUSINESSES THAT ARE THERE, WHETHER IT'S THE GENTLEMAN WHO HAS A CAR REPAIR FACILITY AND CUSTOMIZATION FACILITY, WHETHER YOU LOOK AT THE LAWNMOWER SHOP, WHETHER YOU LOOK AT THE MULTIPLE AUTOMOTIVE NATURED FACILITIES THAT ARE IN THAT AREA OF TOWN, THAT CORNER AND EVERYTHING SOUTH AND EAST OF IT IS A COMMERCIAL CORRIDOR AND CORNER OF OUR CITY.
AND THAT'S THAT'S JUST MATTER OF FACT, I, I'M NOT TALKING ABOUT A GAS STATION.
SO THAT SAID, DOES ANYBODY HAVE ANY FURTHER COMMENTS OR INQUIRIES OR EMOTION? DO YOU HAVE ANYTHING? NO.
I'LL MAKE A MOTION TO DENY THE 24 002.
DO I HEAR A SECOND? THAT MOTION FAILS FOR LACK OF A SECOND.
[00:40:02]
I MOVE THAT WE APPROVE THE REQUEST IN Z 24 0002 FOR THE CHANGE FROM GC TO CC.DO I HEAR A SECOND? I'M GOING TO BE A LITTLE DIRECT BOARD MEMBERS.
YOU EITHER RECOMMEND APPROVAL OR YOU RECOMMEND DENIAL.
AS THE CHAIR, I'M JUST ASKING YOUR FANCY.
CAN YOU BRING IT UP AGAIN? I SUPPOSE.
SO THAT MOTION FAILS FOR A SECOND.
WE'RE STILL HERE. WE'RE STILL LOOKING FOR A MOTION.
EXACTLY. MOTION HAS TO BE MADE.
AND THEN A MOTION TO APPROVE OR DENIED CANNOT THEN.
SO I'LL ASK, AS A MATTER OF CITY COUNCIL.
AS A MATTER OF ORDER, MR. ATTORNEY, AM I ABLE TO SECOND A MOTION AS THE CHAIR? YOU WOULD HAVE TO PASS THE GAVEL TO YOUR TO TO MAKE OR SECOND CORRECT.
I DON'T KNOW WHO IS WHO IS THE ACTING VICE CHAIR WITH OUR VICE CHAIR NOT PRESENT.
IT'S OKAY. I'M NOT PASSING THE GAVEL.
OKAY? CAN HE BRING UP THE MOTIONS AGAIN? WELL, YEAH, WE'RE A CLEAN SLATE.
WE HAVE NO ACTIVE MOTION ON THE FLOOR, BUT WE REALLY NEED ONE.
WHO MADE THE MOTION CAN RESET THE MOTION AT THIS TIME FOR A SECOND.
OKAY, SO WE MOST RECENTLY HEARD FROM MR. MCLEOD. SO, MR. BOEREMA PERHAPS.
OKAY. I'D LIKE TO MAKE A COMMENT, PLEASE.
SURE. MR. BOEREMA. LET'S MAKE A MOTION AND THEN WE'LL HAVE A DISCUSSION IF NECESSARY.
OKAY. YOU'RE MORE THAN WELCOME TO MAKE A MOTION IF YOU'D LIKE, SIR.
I'LL STICK WITH MY MOTION, THEN.
DENIAL. OKAY, SO IF YOU COULD JUST STATE IT AS IF YOU HADN'T EARLIER.
YEAH. I MAKE A MOTION TO DENY Z 24 00002.
SECOND. OKAY, SO NOW WE HAVE A MOTION BY MR. BOEREMA. AND IT'S BEEN SECONDED BY MRS. JORDAN TO RECOMMEND FOR DENIAL.
ALL THOSE IN FAVOR? I AM IN FAVOR OF YOUR MOTION, SIR.
OF DENIAL. OKAY, YEAH, I OKAY.
OKAY, SO FOR FORMALITIES SAKE, I'LL ASK FOR A ROLL CALL.
MADAM CLERK. I MY MOTION WAS FOR I.
YES, MR. MCLEOD. NAY, MR. OLSZEWSKI, I MRS. JORDAN I MR. WARNER. AYE.
OKAY, SO THAT MOTION TO RECOMMEND FOR DENIAL PASSES 4 TO 1.
ALL RIGHT. THAT NEXT CASE IS CASE Q 24 00006. I'LL DEFER TO MR. JEFFERSON. YES.
MR. JEFFERSON, BEFORE WE BEGIN, BECAUSE THE MOTION, THE.
WELL, THERE IS A RECOMMENDATION.
WELL, NO, THERE. LET ME REPHRASE.
SO THERE'S A RECOMMENDATION TO DENY THE REZONING WHICH WILL GO.
THAT RECOMMENDATION WILL GO FORTH TO CITY COUNCIL.
AT THIS POINT, THE APPLICANT HAS THE OPTION WHETHER YOU WANT TO PROCEED FORWARD WITH THE CONDITIONAL USE REQUEST OR DO YOU WANT TO WITHDRAW IT AND THEN ADDRESS THE ISSUE OF REZONING? GOOD POINT. OKAY.
SO WE WILL PROCEED WITH NEW BUSINESS NUMBER TWO.
THANK YOU, SIR. MISS JEFFERSON.
OUTSTANDING. SO THE APPLICANT WHO YOU'VE MET, ROYAL WASH.
PSL, LLC, IS REQUESTING CONDITIONAL USE APPROVAL TO ALLOW RETAIL AUTOMOTIVE FUEL SALES AND CONVENIENCE STORE AT THE INTERSECTION OF BABCOCK AND MALABAR ROAD ON THE SOUTHEAST CORNER.
[00:45:01]
AGAIN, THE SITE CONSISTS OF ABOUT 1.15 ACRES.THE APPLICANT DID PROVIDE A CONCEPTUAL PLAN, WHICH IS IN YOUR BACKUP, PROPOSING A 9500 OR SO SQUARE FOOT 7-ELEVEN CONVENIENCE STORE ALONG WITH A GAS STATION.
THE CONDITIONAL USE IS REVIEWED USING TWO SECTIONS OF OUR CODE.
WE HAVE FIRST, JUST THE GENERAL CONDITIONAL USE REQUIREMENTS THAT ARE ANSWERED IN THE LATTER HALF OF THE REPORT. THE FIRST HALF THAT I'M GOING TO COVER SPEAKS SPECIFICALLY TO THE USE OF A CONVENIENCE STORE, GAS STATION, AND THE CRITERIA IN THE ZONING DISTRICT OF COMMUNITY COMMERCIAL WITH REGARD TO GAS STATION CONVENIENCE STORES IN THAT DISTRICT AS A CONDITIONAL USE. SO THERE'S CRITERIA, SPECIFIC REQUIREMENTS THAT MUST BE PROVIDED BY THIS USE AS A CONDITIONAL PERMITTED USE.
AND THAT'S FROM SECTION 185 043D3 ITEMS EIGHT THROUGH G.
TALKS ABOUT THE ACCESS, EGRESS AND INGRESS TO THE SITE.
IT TALKS ABOUT THE LOCATION OF THE SITE AND OUR CODE LIMITS INTERSECTIONS LIKE THIS TO TWO FUEL STATIONS, SO THIS WOULD BE THE SECOND.
FUEL STATION AT THIS INTERSECTION AND THAT WOULD BE PERMITTED.
IN ADDITION, IT TALKS ABOUT THE STREET FRONTAGE FOR THIS TYPE OF USE.
AND LOOKING AT THE CONCEPTUAL PLAN, THE STREET FRONTAGE WAS MET.
THE APPLICANT DID PROVIDE A TRAFFIC STUDY, WHICH I MENTIONED IN THE STAFF REPORT, AND IT SUGGESTED THAT THEY WOULD REMOVE ONE OF THE TWO ENTRANCES THAT CURRENTLY EXIST ON MALABAR ROAD.
WE HAVE SOME PHOTOS OF THE SITE.
THEY WEREN'T MOVED, BUT LOOKING AT THE AERIAL, THERE'S RIGHT NOW TWO SEPARATE ENTRANCES ONTO THE SITE AND THEY ARE PROPOSING IN THEIR TRAFFIC STUDY TO REMOVE THAT WEST ENTRANCE THAT WOULD BE ELIMINATED.
THE CRITERIA ALSO LOOKS AT THE FUEL PUMPS.
LIKE I SAID, THE STORAGE OF THE TANKS, AND WE CAN'T NECESSARILY DETERMINE THE CAPACITY OF THE STORAGE EXCEPT THAT SITE PLAN APPROVAL, BUT THEY WOULD BE HELD TO THOSE STANDARDS.
IT ALSO LOOKS AT WHETHER OR NOT THE LOCATION OF THE EQUIPMENT IS CLOSER THAN 1000FT FROM ANY PUBLIC SUPPLY WELL, AND IT ALSO PROVIDES FOR DISTANCE TO RESIDENTIAL USES.
AND ONCE WE GET PAST THAT PART OF THE CODE, THEN WE ALSO LOOK AT JUST THE GENERAL REGULATIONS FOR CONDITIONAL USES AS A WHOLE.
AND THOSE ITEMS ARE A THROUGH H AND OUR CODE SECTION 185 .087.
AND SO WITH THIS PART OF THE REQUEST IT TALKS ABOUT THE SIGNAGE AND THE LIGHTING FOR THE SIGNAGE THEY WOULD BE HELD TO. OF COURSE, OUR, YOU KNOW PRESENTING US WITH THE PHOTOMETRIC PLAN TO MAKE SURE THAT THERE'S NO SPREAD OF THE LIGHT ONTO OTHER SURROUNDING PROPERTIES.
IT TALKS ABOUT THE YARDS AND OPEN SPACES BEING ADEQUATE TO SERVE THE PROPOSED DEVELOPMENT.
AND BASED ON THE SKETCH THAT WAS PROVIDED, THEY APPEARED TO BE MEETING ALL SETBACKS.
AND STAFF DID MAKE NOTE IN THE STAFF REPORT OF A CONCERN REGARDING THE ALLEY ACCESS FOR GARBAGE PICKUP AS WELL AS DELIVERY OF THE FUEL, THE STINKS, THE TANKS ARE ALL NEAR THAT AREA, SO STAFF DID MAKE MENTION OF THAT AND STATED THAT THOSE ISSUES WOULD NEED TO BE WORKED OUT THROUGH SITE PLAN APPROVAL, AND PERHAPS A RECONFIGURATION OF THE SITE MIGHT BE NECESSARY. BUT WITH THE CONCEPTUAL THAT WAS PROVIDED, IT DOES APPEAR TO MEET ALL REQUIRED SETBACKS FROM OUR CODE.
[00:50:01]
SO WITH STAFF ULTIMATELY ENDED UP SUGGESTING WAS TO RECOMMEND THE APPLICATION WITH CONDITIONS.AND THOSE CONDITIONS INCLUDED THE ADDITION OF FIVE FOOT SIDEWALKS.
RIGHT NOW THERE ARE FOUR FOOT WIDE SIDEWALKS.
THE APPLICANT, BECAUSE THEY HAVE NOT SUBMITTED A SITE PLAN APPLICATION, WOULD BE SUBJECT TO OUR NEW LAND DEVELOPMENT CODE, WHICH REQUIRES FIVE FOOT SIDEWALKS ON AN ARTERIAL LIKE THIS.
HOWEVER, WE'RE AWARE THAT FOUR FOOT SIDEWALKS EXIST ALONG THE ENTIRETY OF THAT BLOCK, AND SO THERE MIGHT BE SOMETHING THAT WE'D HAVE TO WORK OUT SO THAT AS THE BLOCK DEVELOPS, THE FIVE FOOT SIDEWALKS WOULD BE PUT IN.
SO I JUST WANTED TO MAKE MENTION OF THAT THAT WE WOULD NEED TO ANOTHER CONDITION RESOLVING THE POTENTIAL ACCESS CONFLICTS DURING SITE PLAN REVIEW ON THE SOUTHEAST CORNER.
AGAIN, THE DRIVEWAY THAT'S BEEN MENTIONED ON THE ALLEY NEAR THE SANITATION AND THE STORAGE TANKS, AND ALSO THE ADMINISTRATIVE SITE PLAN REVIEW WILL BE SUBJECT TO THE NEW LAND DEVELOPMENT CODE.
AND THAT'S JUST FOR FOR JUST TO BE STATED CLEARLY THE CONDITIONAL USE SHALL COMMENCE WITHIN TWO YEARS OF THE DATE OF WHICH IT'S GRANTED, IF IT'S GRANTED.
AND THIS IS TAKEN DIRECTLY FROM OUR LAND DEVELOPMENT CODE.
AGAIN, JUST WANTING TO NOTE THE PROCESS.
THIS CASE COULD NOT WILL NOT BE HEARD BY THE CITY COUNCIL UNLESS AND UNTIL THE REZONING IS APPROVED.
WITH THAT, I WILL TAKE ANY QUESTIONS THAT YOU MAY HAVE FOR STAFF.
THANK YOU. MA'AM. BOARD MEMBERS HAVING HEARD FROM STAFF, ARE THERE ANY QUESTIONS BEFORE WE HEAR FROM THE APPLICANT? THANK YOU. QUESTIONS? SEEING NONE.
FOR THE RECORD, WE HAVE NO LETTERS IN THE FILE ON THIS PARTICULAR CASE.
WILL THE APPLICANT OR THE REPRESENTATIVE PLEASE APPROACH THE MICROPHONE AND MAKE YOUR PRESENTATION? ALL RIGHT. SO AGAIN THANK YOU, MISS JEFFERSON, FOR YOUR WORK ON THIS AND REVIEWING EVERYTHING THAT WE'VE SUBMITTED.
SO AGAIN, IF THIS IS COMMUNITY COMMERCIAL, THIS WOULD BE A CONDITIONAL USE.
SO AS NOTED IN THE STAFF REPORT, THIS WOULD BE A PERMITTED CONDITIONAL USE.
RETAIL AUTOMOTIVE FUEL SALES ESTABLISHMENTS ARE TO BE LOCATED ON ARTERIAL ROADWAYS.
SO BABCOCK AND MALABAR, THOSE ARE BOTH ARTERIAL ROADWAYS.
AS NOTED, THERE'S A RACETRACK ACROSS THE STREET.
SO AGAIN, THIS WOULD BE PERMISSIVE AS A CONDITIONAL USE.
IS THE SITE LARGE ENOUGH? YES. THE SITE IS LARGE ENOUGH TO ACCOMMODATE THIS.
THE PALM BAY UTILITY DEPARTMENT HAS CONFIRMED THAT THE PROPOSED LOCATION FOR THE PUMP, STORAGE TANKS AND OTHER EQUIPMENT MEETS THE STANDARD OF BEING FAR ENOUGH AWAY FROM WELLS OR OTHER WATER SOURCES.
AS NOTED WITH THE SIDEWALKS, AS NOTED WITH THE SIGNAGE.
AGAIN, THAT HAS BEEN WORKING ON THOSE MATTERS SINCE WE GOT THE REPORT LAST WEEK.
TO THE CONCERN REGARDING FUEL DELIVERY AND WASTE PICKUP THAT IS NOTED ON ITEM A OF THE STAFF REPORT.
I HAVE REPRESENTATIVES HERE FROM THE 7-ELEVEN, AND 7-ELEVEN IS A VERTICALLY INTEGRATED OPERATION SO THEY CAN CONTROL WHEN THE FUEL WILL BE DELIVERED TO THE SITE.
NEXT. ARE WE PROVIDING ADEQUATE PARKING? ABSOLUTELY. OUR CONCEPTUAL PLAN SHOWS 28 SPACES.
CAN WE PROVIDE ADEQUATE UTILITIES? ABSOLUTELY. THAT'S NOTED IN THE STAFF REPORT.
WILL THERE BE ADEQUATE BUFFERING? THE STAFF REPORT NOTES THAT OUR CONCEPTUAL PLAN DOES GIVE THAT AS WELL.
THE SIGNS AGAIN, THAT WOULD BE SOMETHING THAT WOULD BE REVIEWED DURING SITE PLANNING.
AND OBVIOUSLY WE WANT TO ENSURE THAT WE'RE COMPLYING WITH CODE.
IS IT MEETING SETBACK REQUIREMENTS? YES. OUR CONCEPTUAL PLAN IS MEETING THE SETBACK REQUIREMENTS AS SET FORTH IN THE STAFF REPORT.
[00:55:06]
AS TO THE CONDITIONS THAT WERE NOTED, MANY OF THESE ARE AGAIN BEST ADDRESSED DURING SITE PLANNING.THANK YOU SIR. I'M GOING TO OPEN THE FLOOR, THE FLOOR FOR PUBLIC COMMENTS.
BEFORE I DO, I WANT TO REITERATE TO MY FELLOW BOARD MEMBERS AND THE MEMBERS OF THE PUBLIC THAT, AS WE'VE HEARD AT THE CONCLUSION OF THE LAST CASE AND AT THE BEGINNING OF THIS CASE, WE'RE LOOKING AT THIS CASE SPECIFICALLY ON ITS OWN STAND ALONE, AND WE ARE GOING TO LIVE IN THE HYPOTHETICAL WORLD THAT THE USE IS NOW COMMUNITY COMMERCIAL. WE ARE GOING TO CONSIDER IF IT IS IN COMMUNITY COMMERCIAL, THEN SHOULD THIS CONDITIONAL USE BE GRANTED? SO THAT BEING SAID, I'D LIKE TO ASK, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION, SIR? BRIAN VALE, 2700 SMITH LANE, MALABAR.
I'VE BEEN A BUSINESS OWNER IN THAT CORNER FOR 31 YEARS, AND I'VE SEEN THE ALLEYWAY AND THE TRAFFIC THAT IS CURRENTLY ON THAT ALLEYWAY IS AT TIMES VERY DANGEROUS.
THERE'S MANY OTHER BUSINESSES HERE THAT WE BACK OUR VEHICLES OUT.
WE PULL THEM OUT IN THE MORNING TO TO MOVE THEM.
AND THERE ARE CARS COMING THROUGH.
AND I FEEL WITH THE CC ZONING THAT IS A MUCH HIGHER TRAFFIC COUNT, ALLOWABLE TRAFFIC COUNT ZONING THAN WHAT WE CURRENTLY HAVE WITH THE CG. CG IS TYPICALLY THEY COME, THEY SPEND, YOU KNOW, 20, 30 MINUTES.
IT'S YOU KNOW, THEY'RE NOT IN AND OUT TRAFFIC.
CG THEY'RE THERE FOR A WHILE ON CC.
THEY COME IN, GET WHAT THEY NEED AND THEY'RE GONE.
AND I SEE THE WRITING ON THE WALL WHERE THEY'RE GOING TO COME OUT THE BACK, INSTEAD OF TRYING TO FIGHT THEIR WAY BACK ONTO MALABAR ROAD, WHERE THE RACE TO GET MERGED IN.
I WATCH IT ALL THE TIME, AND I'M SURE THE REST OF THE PEOPLE ON THIS CORNER DO.
IT'S VERY UNSAFE. SO THEY'RE GOING TO SAY, OH, I'M NOT GOING TO TRY AND GET OUT THERE.
I'M GOING TO GO OUT THE ALLEY.
AGAIN, WE LOAD TRUCKS, WE HAVE WRECKERS.
THERE'S CONSTRUCTION COMPANIES, THEY UNLOAD THEIR SUPPLIERS, THEY RELOAD THEIR TRUCKS AND TOOLS.
AND AS IT STANDS NOW, YOU GOT TO WATCH WHAT YOU'RE DOING.
THANK YOU FOR YOUR COMMENTS, SIR.
MOREOVER, THANK YOU FOR BEING A SMALL BUSINESS OWNER AND CONTRIBUTING TO OUR COMMUNITY.
AND THANK YOU TO ALL THE BUSINESS OWNERS WE'VE HEARD TONIGHT.
IS THERE ANYBODY ELSE YOU'D LIKE TO SPEAK ON THIS PARTICULAR ITEM? WELL, I THINK WE HAVE A RACE ON OUR HANDS.
THANK YOU, GENTLEMEN, FOR WORKING THAT.
PRETTY MUCH WHAT BRIAN HAD TO SAY.
I DON'T NEED TO REPEAT MYSELF.
YOU GUYS ALREADY HEARD ME ALREADY.
I DON'T KNOW IF THAT AFFECTS ME OR DOESN'T AFFECT ME, BUT IT IS A CONCERN OF MINE.
THE OTHER THING IS THAT BUSINESS, THAT BUILDING AT ONE TIME WAS JUST AN OLD WOMAN WITH A BEAD SHOP.
IT WAS A BARBER IN THERE, A PAWN SHOP.
YOU KNOW, THEY'D COME IN AND OUT OF THE ALLEYWAY.
IT DIDN'T BOTHER US ONE BIT, BUT.
AND THEY'RE SAYING THAT THEY'RE GOING TO USE THAT FOR JUST THEIR PUMP TRUCKS OR THEIR SANITATION.
BUT WE KNOW IT'S GOING TO BE MORE THAN THAT.
AND THAT'S JUST THE BIGGEST OUR BIGGEST CONCERN IS THE TRAFFIC ON THAT ROAD.
NO PROBLEM. JOHN BUTCHER RAN 219 TRENTON AVENUE.
SPEAKING AS A CITIZEN, NOT A BUSINESS OWNER, I GO THROUGH THAT INTERSECTION PROBABLY 4 TO 20 TIMES A WEEK WITH A VOLUNTEER JOB THAT I DO.
IT'S A HAZARDOUS INTERSECTION, AS IT IS NOW, WITH TRYING TO MAKE A LEFT TURN COMING OUT OF KENOVA, GETTING BACK ON BABCOCK. ALMOST IMPOSSIBLE TO DO.
CANOVA'S THE STREET ONE OVER FROM THE ALLEYWAY IF YOU'RE AT THAT ALLEYWAY TRYING TO GET OUT.
YOU'VE ONLY GOT ABOUT MAYBE 100 YARDS TO GET TO BABCOCK TO MAKE THE RIGHT TURN.
[01:00:02]
AND WITH ALL THE COURTESY DRIVERS THAT WE HAVE HERE IN THE STATE OF FLORIDA, YOU CAN ALWAYS GET OUT.THE OTHER THING, IF APPROVED, THE ALLEYWAY.
IF THEY START USING THE ALLEYWAY AS AN ENTRANCE AND EXIT, ARE THEY GOING TO MAKE A LEFT TO COME BACK OUT TO BABCOCK? ARE THEY GOING TO GO RIGHT TO GO DOWN? AND THE NAME OF THAT NEXT STREET I THINK IS ENTERPRISE.
I MEAN, ALL THE THREE LANE IS NARROWED DOWN TO TWO, AND YOU GOT ALL THE FOLKS COMING FROM THE EAST SIDE GOING WEST, AND YOU GOT THE PEOPLE GOING FROM THE WEST TO THE EAST. AND IT'S IT'S THAT'S ANOTHER ONE.
IT'S BECAUSE OF THE NICE DRIVERS THAT WE HAVE HERE.
THEY'LL LET YOU OUT IN A HEARTBEAT.
NOT A PROBLEM. YOU DON'T HAVE TO SIT THERE 3 TO 5 MINUTES TO GET OUT.
SO MY CONCERN IS THE INCREASE IN TRAFFIC AT THAT INTERSECTION.
AND I JUST I JUST DON'T THINK IT'S A SAFE THING TO DO.
THANK YOU. THANK YOU FOR YOUR COMMENTS, SIR.
SIR. BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST. VERY SIMILAR STATEMENTS TO WHAT'S ALREADY BEEN SAID.
BUT I ADD, WHEN AN INDIVIDUAL COMES OUT, IF THEY COME OUT ONTO THE ALLEYWAY, THEY'RE SAYING BECAUSE PEOPLE ARE GOING TO TRY TO FIND THE SHORTEST ROUTE INSTEAD OF HAVING TO CONTEND WITH THE TRAFFIC THAT'S ON MALABAR OR BABCOCK, THEY CAN THEY'LL WANT TO GET OUT ONTO THAT ALLEY AND GO DOWN, ESPECIALLY IF THEY'RE THE INDIVIDUALS THAT WANT TO GO SOUTH.
COMING OUT OF THAT GAS STATION, IT'S EASY TO GET IN GOING NORTH, BUT IF YOU'RE THE INDIVIDUAL THAT DOESN'T WANT TO GO SOUTH, HOW DO YOU GO SOUTH? COMING OUT OF THAT, YOU EITHER GOT TO GET ONTO MALABAR AND MAKE A U-TURN, WHICH IS VERY, VERY COMPLICATED, ESPECIALLY AT THE AREA, BECAUSE THAT'S THE CONVERSION POINT TO MAKE. THAT U-TURN IS THE CONVERSION POINT FROM WHEN YOU GO FROM TWO LANES INTO ONE LANE.
SO THAT'S GOING TO BE A PROBLEM.
IF YOU WANT TO BE THE INDIVIDUAL GOING SOUTH, YOU HAVE TO MAKE A U-TURN.
AND THAT'S WHAT IT'S GOING TO BE FIVE BLOCKS.
IN ORDER TO CUT THROUGH THE NEXT CONNECTING ROAD THAT COMES OUT ONTO ONTO BABCOCK AND MAYBE GET ACROSS THERE AND THE WHOLE ANYTHING FOR A MASSIVE LOT OF TRAFFIC GOING IN AND OUT IS GOING TO BE A PROBLEM.
AND THE OTHER AREA I'D LIKE TO BRING UP WAS THE LAND DEVELOPMENT CODE.
WE JUST PASSED THE NEW LAND DEVELOPMENT CODE, AND IN THE NEW LAND DEVELOPMENT CODE IT STATES COMMERCIAL AREAS WITH A FIVE FOOT SIDEWALK, WHICH WAS BROUGHT UP.
THAT'S WHAT THE LAND DEVELOPMENT CODE SAYS NOW.
SO NOW WE'RE TALKING ABOUT, WELL, MAYBE WE CAN MODIFY IT BACK TO THE FOUR FEET THEN.
IF THAT WAS THE CASE, WHY DID WE JUST PASS THE NEW LAND DEVELOPMENT CODE.
IF IT'S, LET'S START LOOKING AT HOW WE CAN MODIFY IT TO GIVE LESS FOR THE DEVELOPMENT.
WELL, MAYBE THEY NEED TO ANALYZE WHAT THEY'RE TRYING TO DO, AND THOSE ARE ALL REASONS NOT TO APPROVE IT FOR THE GAS STATION, BECAUSE THERE'S OTHER THINGS THAT DON'T HAVE TO MEET THE SAME CRITERIA FOR THE GAS TANKS AND FOR ALL THE OTHER STORAGES IN THE SITE.
SO MY RECOMMENDATION IS YOU DISPROVE IT.
YOU DO NOT APPROVE THE GAS STATION CONDITIONAL USE.
THANK YOU. THANK YOU FOR YOUR COMMENTS, SIR.
IS THERE ANYONE ELSE WHO WISHES TO SPEAK? THANK YOU. MY NAME IS CHRIS THOMAS.
I OWN THE BUILDING AT 111 ENTERPRISE, WHICH WAS TALKED ABOUT JUST A MINUTE AGO, AND I APOLOGIZE.
I THINK I LED TO SOME OF THAT CONFUSION BETWEEN THE ZONING AND THE CONDITIONAL.
SO HERE WE'RE DISCUSSING SPECIFICALLY THE CONDITIONAL USE OF THIS PROPERTY AS A GAS STATION.
AND IT WAS MENTIONED THAT THEY MEET CERTAIN REQUIREMENTS.
THEY'VE DONE THE TRAFFIC STUDIES.
THEY'RE SPECIFICALLY MEASURING TO SEE CAN MALABAR ROAD AND CAN BABCOCK HANDLE ADDITIONAL TRAFFIC? I WOULD HOPE SO.
IT DOESN'T TAKE THOSE OTHER ASPECTS INTO ACCOUNT.
IT ALSO CLEARLY STATES THAT TWO OF THE THREE OUTLETS ARE DIRECTLY INTO THAT ALLEYWAY.
IT IS SPECIFICALLY THE RESPONSIBILITY HERE OF THIS COUNCIL TO TAKE AND LOOK AT THIS AND UNDERSTAND THIS SITUATION SPECIFICALLY FOR PALM BAY AND SPECIFICALLY FOR BUSINESS OWNERS LIKE ME.
SO IT'S VERY IMPORTANT THAT YOU TAKE THAT CONSIDERATION AND DENY THIS MOTION.
[01:05:01]
IS THERE ANYBODY ELSE WHO WISHES TO SPEAK? SEEING NONE. ALL RIGHT.SO DOES THE APPLICANT WISH TO RESPOND TO ANY OF THESE COMMENTS OR INQUIRIES? SO IF WE GO TO PAGE SIX OF MR. JEFFERSON'S REPORT, WHICH RECOMMENDS APPROVING THE CONDITIONAL USE ITEM G IS CONSIDERS WHETHER THE PROPOSED USE WILL NOT CONSTITUTE A NUISANCE OR HAZARD BECAUSE OF THE NUMBER OF PERSONS WHO ARE TENDER TO USE THE FACILITY OR BECAUSE OF THE VEHICULAR MOVEMENT, NOISE, FUME GENERATION, OR TYPE OF PHYSICAL ACTIVITY.
SO WHEN SHE WAS WRITING HER REPORT, SHE'S CONSIDERING THESE ITEMS WHICH ARE BEING RAISED TODAY AND YET STILL RECOMMENDING APPROVAL FOR THE CONDITIONAL USE.
AGAIN, THERE'S BEEN A TRAFFIC STUDY CONDUCTED REGARDING THE TRIP COUNTS ON THIS, AND IT WOULD BE COMPATIBLE WITH THE EXISTING USES AROUND THIS INTERSECTION.
AND AGAIN, CURRENTLY THIS IS A VACANT PIECE OF PROPERTY.
AND SO IF WE'RE CONSIDERING SMALL BUSINESSES THEN THINK ABOUT MY CLIENT.
THANK YOU SIR. IS THERE ANY QUESTIONS FOR THE APPLICANT FROM THE BOARD? I'LL JUMP RIGHT IN.
I WOULD LIKE TO HEAR FROM YOUR CLIENT.
NOW, YOU TOLD ME EARLIER THAT YOU TOLD US EARLIER THAT YOU HAVE THE END USERS HERE AS WELL, RIGHT? SO DO YOU HAVE THE DEVELOPER AND THE END USER OR JUST THE END USER? YEP, WE HAVE BOTH. OKAY, COOL.
SO OVERALL MY QUESTION IS IS IN SEEKING TO UNDERSTAND THE FEASIBILITY STUDIES THAT HAVE WENT INTO UNDERSTANDING THAT THIS IS A PRIME LOCATION FOR A GAS STATION.
AND I ASKED THAT PREMISED ON THE FACT OF BEING A RESIDENT OF THE CITY AND KNOWING HOW MANY GAS STATIONS ARE ON EASTBOUND MALABAR ROAD IN THE IMMEDIATE VICINITY OF HERE, AND KNOWING THAT GIVEN THE TRAFFIC LIMITATIONS THAT THIS INTERSECTION GIVES YOU, THAT YOU'RE REDUCING YOUR POPULATION OF POTENTIAL CUSTOMERS DOWN TO FOLKS THAT WANT TO GO EASTBOUND ON MALABAR PAST BABCOCK, WHICH I'LL SHARE WITH YOU AS A LIFETIME RESIDENT OF THE CITY, IS RELATIVELY LIMITED COMPARED TO THE TRAFFIC THAT TRAVELS BABCOCK AND THE TRAFFIC THAT TRAVELS MALABAR ROAD.
ONCE YOU GET PAST BABCOCK, YOU HEAD TOWARDS MORE OF A RURAL AREA.
THE ONE GENTLEMAN, A BUSINESS OWNER, SHARED THAT HE'S IN MALABAR.
HE'S IN THIS SAME COMPLEX, BUT HE CROSSES INTO THAT MALABAR AND THE TOWN OF MALABAR.
MUCH SIMPLER LIVING THERE IN LITTLE OLD MALABAR.
SO I'M SORRY THERE WAS A LOT IN THERE SURE THAT I'M GOING TO NEED TO UNPACK.
ABSOLUTELY. SO YOUR QUESTION IS WHY SHOULD WE PUT A GAS STATION THERE? YES, ABSOLUTELY.
OKAY. WELL IF GENTLEMEN, IF YOU EITHER OF YOU ALL WANT TO COME UP.
SO AGAIN GOING BACK TO EARLIER WHEN WE WERE SPEAKING, THE INITIAL PLAN HERE WAS, AS NOTED, TO PUT A CAR WASH THERE, BUT THAT TEXT AMENDMENT WAS DENIED. AND SO WE NEEDED TO PIVOT.
SO WE'RE NOT LOOKING AT THE NEIGHBORHOOD OR ANYTHING.
PEOPLE DON'T NORMALLY DON'T SEE A GAS STATION OR A 7-ELEVEN AND SAY, OH, LET ME GO OVER THERE.
THERE'S PLENTY OF THEM ALL OVER, ALL OVER THE PLACE.
SO YOU'RE JUST TRYING TO GET PASS BY TRAFFIC? YOU'RE REALLY NOT ADDING NEW TRAFFIC TO THE AREA, I.E.
RACETRAC WENT ACROSS THE STREET, SAME TYPE OF THING.
THEY GOT THE SAME TRAFFIC PATTERNS, PRETTY MUCH.
THEY PROBABLY GOT IT BETTER THAN WHAT ON OUR SIDE, BUT THAT'S WHAT WE'RE LOOKING AT.
AS FOR THE CONDITIONS OF THE PROPERTY AND SO FORTH RIGHT NOW, YOU KNOW, WE WERE TALKING ABOUT WHY THIS CORNER? BECAUSE I THINK YOU HAD MENTIONED THERE'S OTHER GAS STATIONS IN THE AREA.
WELL, THE OTHER TWO JUST WEST OF US ON THE SAME SIDE OF THE ROAD.
I THINK THERE'S THIS. MAYBE THREE IF YOU COUNT ANOTHER ONE, BUT LET'S SAY TWO.
THAT AREA. BUT ALL OF A SUDDEN THEY'RE STOPPING MID-BLOCK WITH THIS SITE.
[01:10:04]
THEY GOT A RED LIGHT. THEY GOT A LIGHT OVER THERE.SO THEY'RE SLOWING DOWN ALREADY TO MAKE THE RIGHT TURN IN OFF OF MALABAR.
WE ARE ELIMINATING ONE CURB CUT ON MALABAR WHICH F DOT WANTED FROM US.
TRUST ME, I WOULD HAVE LOVED TO HAVE 2 OR 3 CURB CUTS.
I UNDERSTAND RIGHT? WE HAVE NO CURB CUT ON BABCOCK.
TODAY WE'RE USING UTILIZING EXISTING.
WHAT'S THERE? AS FOR THE ALLEYWAY, THERE'S THREE THERE RIGHT NOW.
AND REALLY, ONE IS USED JUST FOR OUR TANKER TRUCK FOR EGRESS TWICE A WEEK, MAYBE THREE TIMES A WEEK.
WHICH WE COULD CONTROL BECAUSE WE HANDLE OUR OWN DISTRIBUTION OF GASOLINE.
SO THAT'S THE REASON WHY WE'RE LOOKING AT THIS PARTICULAR SITE.
IT'S ALL ABOUT THE PASS BY TRAFFIC.
AND AS YOU KNOW, IT IS A BUSY INTERSECTION AND THEREFORE THERE'S A LOT OF PASS BY TRAFFIC.
SO I JUST NEED TO GET A CAPTURE RATE OF 4 TO 5% OF THAT PASS BY TRAFFIC THAT'S EXISTING.
AND THAT'S WHAT I'M LOOKING AT TO HAVE A VIABLE BUSINESS.
I'M NOT LOOKING TO SPEND $5.5 MILLION ON THIS PROJECT TO HAVE A NON VIABLE BUSINESS.
AND I APPRECIATE YOUR ARTICULATE ANSWER, SIR.
AND I REALLY WANT TO HONE IN AND I WANT TO SEE THE CASE THAT YOU'RE MAKING AND YOU'RE BUILDING THE MENTAL BLOCKS THAT I'M HAVING IS I CAN'T GET PAST MY PERSONAL KNOWLEDGE OF THAT INTERSECTION, AND I CAN'T GET PAST MY PERSONAL KNOWLEDGE OF THE TRAFFIC FLOW OF THAT INTERSECTION.
RIGHT. THEREFORE, EASTBOUND TURN ON MALABAR IS RIGHT.
SLOW DOWN. YEAH. NORTHBOUND ON BABCOCK.
OKAY. AND THEN YOU'RE GOING TO TURN RIGHT AND YOU'RE GOING TO HEAD EAST TOWARDS US ONE ON MALABAR.
RIGHT. AND THEY CAN ONLY GET THERE IF THEY TURN ONTO MALABAR.
OKAY. AND SO I CAN'T SEE THE FEASIBILITY THAT YOU'LL GET TO PASS BY TRAFFIC.
I CAN'T SEE THE FEASIBILITY OF THAT BEYOND 95.
THERE'S YET ANOTHER SUNOCO STATION.
I DON'T GET THAT EITHER, BUT I REALLY, REALLY DON'T GET WHY YOU WOULD COME AND SPEND YOUR MILLIONS AND YOUR INVESTORS MILLIONS TO ADD YET A FOURTH IN THIS CONTINUOUS STRIP OF TRAFFIC.
SO IF YOU WANT ME TO RESPOND HUMBLY, I DO.
IT'S NOT MY INVESTORS, IT'S ME.
OKAY? SO MY COMPANY AND SO FORTH.
AND I DON'T KNOW, WE HAVE SUCCESSFUL BUSINESSES IN FLORIDA.
IT'S NOT, YOU KNOW, AGAIN, I'M NOT HERE.
I'M NOT AT TODAY A BUSINESS OWNER HERE.
HOPEFULLY I WILL BE AND IT WILL BE PAID TAXES TO YOU TO PALM BAY.
BUT WE DO SO, AND WE HATE TO SAY IT AND I DEFER.
WE HAVE 1800 GAS STATIONS ALONG THE EAST COAST.
WE'RE OBVIOUSLY DOING SOMETHING RIGHT.
SO I WOULD SAY IN THAT RESPECT, DEFER TO ME IF IT'S UNSUCCESSFUL.
RIGHT. YOU GOT A BRAND NEW BUILDING THERE THAT'S EMPTY AS OPPOSED TO WHAT YOU GOT THERE RIGHT NOW.
THREE CURB CUTS ON THE ALLEYWAY AND SO FORTH.
SO EVERYBODY'S ACTING AS IF EVERYTHING IS CLOSED THERE.
OH, THERE WAS A PAWN SHOP AND SO FORTH AND SO ON.
YOU KNOW, OUR PROPERTY OWNER BOUGHT THAT PROPERTY.
THEY GOT TO PUT SOMETHING IN THERE.
THEY'RE NOT GOING TO SPEND X ON IT AND JUST LEAVE IT ALONE.
SO I DEFER TO THAT PART OF THE EQUATION AND I THANK YOU FOR THAT.
MY QUICK FOLLOW UP TO THAT IS, ARE YOU THE EXACT SAME PARTY THAT PROPOSED THE CAR WASH ON THAT CORNER AND THOUGHT IT WAS A GOOD IDEA? I AM NOT. OKAY.
I UNDERSTAND I'M THE END USER.
GOTCHA. SO. AND THAT IS A DIRECT ASSOCIATION WITH 7-ELEVEN.
THE 7-ELEVEN. YOU TALK ABOUT THIS VERTICAL INTEGRATION.
[01:15:01]
YOUR ATTORNEY DOES. IT'S A BUILD AND FACILITATE.GOTCHA. IT'S MORE OF A, LIKE A FRANCHISE.
LIKE A LICENSEE TYPE OF THING.
YEAH. IT'S UNDERSTOOD. IT'S A FRANCHISE.
YOU KNOW, I COULD PUT ANYTHING I WANT OVER THERE.
WE KNOW THERE'S A MOBILE GAS STATION WITH A 7-ELEVEN CIRCLE K, WHATEVER IT MAY BE.
BUT I'M NOT PART OF THE CORPORATE 7-ELEVEN.
RIGHT. OR EXXONMOBIL, SHELL OR WHOEVER IT MAY BE.
IS THERE ANY FURTHER QUESTIONS FOR THE APPLICANT OF THE BOARD, ESPECIALLY NOW THAT WE HAVE THE GENTLEMAN HERE WHO IS THE PROPRIETOR, IF I MAY, JUST TO GET A LITTLE HANDLE ON THIS, THIS IS AN APPLICATION FOR CONDITIONAL USE APPROVAL.
PROPER STANDARDS FOR CONDITIONAL USE APPROVAL HAVE TO BE OBJECTIVE AND PROVIDED IN THE CODE.
THE LAND DEVELOPMENT CODE PROVIDES THE THE ENUMERATED STANDARDS THAT ARE LISTED IN THE STAFF REPORT.
RIGHT OFF THE TOP OF MY HEAD, I FORGET HOW MANY THEY ARE THEREBY.
THEREFORE, ANY DECISION THAT IS BASED, THAT IS ANY DECISION ON THIS APPLICATION MUST BE BASED ON THE 9 OR 10.
DON'T HOLD ME TO THE NUMBER CRITERIA PROVIDED IN THE CODE.
WHILE YOU MAY AS A BOARD, GATHER INFORMATION SUBJECT MATTERS SUCH AS ECONOMIC FEASIBILITY, WHETHER OR NOT THIS IS A PROPER BUSINESS ON THIS SITE ARE OUTSIDE OF THE SCOPE OF THE OBJECTIVE STANDARDS LAID OUT IN THE LAND DEVELOPMENT CODE.
DECISIONS THAT ARE OUTSIDE OF THE SCOPE OF THE CODE OR DECISIONS MADE, WHICH MAY BE OPEN TO INTERPRETATION, OPEN TO DISCRETION ON THE PART OF A BOARD THAT MAY LEAD TO SUBJECTIVE RESULTS ARE UNCONSTITUTIONAL IN THE STATE OF FLORIDA, AND A DECISION ON A CONDITIONAL USE APPROVAL THAT FALLS, THAT IS, BASED ON EVIDENCE OUTSIDE OF THE NINE ENUMERATED STANDARDS IN THE LAND DEVELOPMENT CODE, IS GOING TO BE SUBJECT TO APPEAL AND REMAND BACK TO THIS COUNCIL FOR FOR FALLING OUTSIDE OF THE SCOPE AS WHAT IS PERMISSIBLE UNDER LAW, UNDER ESTABLISHED FLORIDA LAW. SO I WOULD BE REMISS IF I IF I DIDN'T, IF I DID NOT COUNSEL THIS BOARD, THAT YOUR SCOPE OF REVIEW IS LIMITED TO THE NINE OBJECTIVE STANDARDS THAT ARE PRESENTED IN THE LAND DEVELOPMENT CODE THAT AN APPLICANT MUST PRESENT AND MUST PROVE IF THERE IS. IF YOU BELIEVE THAT THE THAT THE APPLICANT'S REQUEST IS NOT BASED ON COMPETENT, SUBSTANTIAL EVIDENCE ON THE NINE OBJECTIVE STANDARDS IN THE CODE, THEN IT IS YOUR RIGHT TO DENY THE APPLICATION.
HOWEVER, DECISIONS OUTSIDE OF THAT SCOPE COULD POTENTIALLY SUBJECT THAT DECISION TO OVERTURN OR OVERTURNING BY THE COURTS. NOW, I'M NOT TELLING YOU HOW TO VOTE IF YOU DECIDE TO TO DECIDE TO VOTE HOW YOU WISH AND THE MATTER IS, IS SENT TO THE COURTS, I, THE CITY ATTORNEY'S OFFICE MUST DEFEND THE CITY AND MUST DEFEND THE ACTION.
BUT I WOULD BE REMISS IF I DIDN'T ADVISE YOU THAT THIS IS A MATTER THAT HAS BEEN DECIDED BY THE STATE COURTS, AND THAT THE SCOPE OF REVIEW IS LIMITED AND IS LIMITED TO THE OBJECTIVE STANDARDS PRESENTED IN THE LAND DEVELOPMENT CODE.
DID THE APP. DOES THE APPLICANT MEET THOSE STANDARDS? AND THEN YOU MUST GO THROUGH THOSE NINE THAT ARE THAT ARE PRESENTED IN THE STAFF REPORT.
ANYTHING OUTSIDE OF THAT OPENS UP BASICALLY SUBJECTIVE INTERPRETATIONS.
AND THE COURTS HAVE SAID THAT REVIEW BOARDS DO NOT HAVE THE AUTHORITY AND DO NOT HAVE THE SCOPE TO GO BEYOND THAT, BECAUSE IF IT OPENS THE MATTER TO SUBJECTIVE INTERPRETATION, IT'S UNCONSTITUTIONAL. SO SO I'M JUST REMINDING YOU THAT AND HOWEVER YOU'RE MOVING FORWARD AND BASING YOUR DECISION, PLEASE KEEP IN MIND THAT YOUR DECISION MUST BE BASED ON THE FACTORS PRESENTED AND THE STANDARDS THAT THE APPLICANT MUST PRESENT THAT ARE LISTED AND ENUMERATED CLEARLY IN THE LAND DEVELOPMENT CODE.
I GREATLY APPRECIATE THAT, COUNSEL, SIR.
I TRULY DO, AND I JUST DO WANT TO SHARE THAT AS FAR AS MY INQUIRIES GO THROUGH PRIOR CONVERSATIONS WITH OUR CITY ATTORNEY ON HOW TO HANDLE QUASI JUDICIAL PROCEEDINGS.
I ABSOLUTELY REFUSE TO MEET WITH ANYBODY BEFORE A QUASI JUDICIAL PROCEEDING.
I'VE HAD MANY REQUESTS TO DO SO, AND I WILL NOT EVEN RESPOND TO THOSE REQUESTS, SO DON'T SEND THEM.
AND I'VE COUNSELED WITH THE CITY ATTORNEY TO UNDERSTAND FURTHER IF I HAVE QUESTIONS THAT I NEED TO GET PAST TO EVEN BE ABLE TO LOOK AT THE THING, I WAS SHARED WITH ME, THAT IT'S MY BURDEN TO SAY, HEY, THESE THINGS ARE A BLOCK TO ME, AND TO GIVE THE APPLICANT THE OPPORTUNITY TO REIN ME IN AND TO AND
[01:20:04]
TO SHARE WITH ME THEIR VIEWPOINT AND SO ON AND SO FORTH.SO I PERSONALLY HAVE GREATLY BENEFITED FROM THIS DIALOG.
BUT, YOU KNOW, I CAN'T SERVE IN A WAY OF IT'S IT'S RUBBER STAMP OR NOTHING.
THE THE THE PUBLIC IS DUE DIALOG TO FULLY COMPREHEND WHAT'S GOING ON HERE WITH THESE APPLICATIONS.
AND SO AGAIN, I'M GOING TO TAKE YOUR COUNSEL TO HEART AND I'M GOING TO ACT ACCORDINGLY.
BUT I AM CERTAINLY GOING TO VOICE WHERE I'M AT WITH THINGS ALWAYS IN THE OPEN, IN THE SUNSHINE, WHICH IS MY ONLY OPPORTUNITY TO SHARE THESE THOUGHTS WITH MY COUNCIL, WITH MY STAFF AND WITH MY FELLOW BOARD MEMBERS AND OF COURSE, THE PUBLIC.
I'M A WIDE OPEN BOOK AND I ALWAYS WILL BE.
COUNCIL I JUST WANT TO SAY THANK YOU, MCLEOD.
THANK YOU, MR. CHAIR. I JUST WANT TO SAY THANK YOU FOR THAT GUIDANCE.
THAT IS WHAT I WAS ALLUDING TO ON OUR FIRST VOTE.
WE NEED TO LOOK CAREFULLY AT WHAT THE STAFF SAYS ABOUT THE LEGAL REQUIREMENTS OF THE APPLICATION.
SO THAT BEING SAID, DOES ANYONE HAVE ANY FURTHER QUESTIONS FOR THE APPLICANT OR DO WE READY TO KIND OF MOVE INTO THE MOTION? I SEE NO FURTHER QUESTIONS.
SO BOARD, WE'VE HEARD ALL THE EVIDENCE.
WE DO HAVE A QUESTION THOUGH SINCE SINCE THE THE FIRST ONE WAS DENIED.
DO WE CAN WE APPROVE THE CONDITIONAL USE TIER FOR THE FOR THE FOR THE BECAUSE BECAUSE I THINK THE PART THAT WAS DENIED PROBABLY MORE THAN ANYTHING WAS THE, THE MOVE FROM THE, FROM THE GENERAL COMMERCIAL DISTRICT TO THE COMMERCIAL TO THE, TO THE COMMUNITY COMMERCIAL DISTRICT.
NOT TO JUMP IN ON YOU, MR. WARNER, BUT LET ME JUST REITERATE VERY CLEARLY, WE'RE FOCUSING ON THIS CASE AS IF IT WAS ALREADY COMMUNITY COMMERCIAL.
WOULD WE APPROVE THAT CONDITIONAL USE? SO THE PREVIOUS CASE HAS ABSOLUTELY NO BEARING ON HOW ARE WE GOING TO RECOMMEND THIS CASE? WE'RE GOING TO LIVE IN THE HYPOTHETICAL WORLD THAT IT IS COMMUNITY COMMERCIAL.
DO WE RECOMMEND A CONDITIONAL USE FOR THE SALE OF AUTOMOTIVE FUEL? TO ANSWER THE THE COMMISSION MEMBERS WERE ANSWER QUESTION.
YES. YOU MAY MOVE TO RECOMMEND AGAIN YOU ARE RECOMMENDING BODY.
DENIAL. NOW, YOU DO HAVE A SECOND OPTION.
THE MAKER OF THE MOTION TO RECOMMEND DENIAL CAN BRING THE MATTER, BECAUSE WE'RE AT THE SAME MEETING THAT THAT THAT MEMBER AND OR ANY MEMBER OF THE WINNING SIDE OF THAT PRIOR MOTION CAN BRING THE MATTER BACK FOR RECONSIDERATION.
BUT THAT MOTION WILL HAVE TO BE MADE BY EITHER THE MOTION MAKER OR ONE OF THE MEMBERS THAT VOTED.
BASICALLY, THERE'S FOUR OF YOU WHO CAN BRING THAT MATTER BACK FOR FOR RECONSIDERATION IF YOU WANT TO DO THAT, IF YOU ELECT TO DECIDE TO RECOMMEND APPROVAL OF THE CONDITIONAL USE AND THE RECOMMENDATION TO DENY THE ZONING CHANGE REMAIN, THOSE TWO WILL GO UP TO THE CITY COUNCIL.
THE CITY COUNCIL WILL THEN HAVE TO ADDRESS THE ISSUE THAT WE'VE GOT CONFLICTING RECOMMENDATIONS ON A MATTER, AND THEY MAY THEY MAY DECIDE TO MOVE FORWARD ON THE ZONING AND DISREGARD YOUR RECOMMENDATION, OR THEY MAY DISREGARD YOUR RECOMMENDATION ON THE ZONING CHANGE, BUT THEN DISREGARD YOUR RECOMMENDATION OF APPROVAL ON THE CONDITIONAL USE.
THAT'S GOING TO BE THE PREROGATIVE OF THE CITY COUNCIL.
THANK YOU. COUNCIL. SO, DO I HEAR A MOTION? I MOVE THAT WE VOTE TO APPROVE THE REQUEST FOR A CONDITIONAL USE IN.
SEE YOU, MR. MCLEOD. I'LL ASK YOU TO SPEAK ON THE MIC, BUT FOR THE FOR THE AUDIENCE AND FOR THE REST OF THE BOARD.
MR. MCLEOD JUST MADE A MOTION TO RECOMMEND FOR APPROVAL.
[01:25:01]
MCLEOD'S MOTION TO RECOMMEND THIS CASE FOR APPROVAL FOR THE CONDITIONAL USE, NOT JUST LIKE TO ADD WITH THE CONDITIONS RECOMMENDED BY STAFF WITH THE CONDITIONS RECOMMENDED BY STAFF? THANK YOU SIR.IS THERE A SECOND TO THAT MOTION? HEARING NONE, THAT MOTION FAILS DUE TO A LACK OF SECOND.
DO I HEAR A MOTION? MOTION TO DENY.
OKAY, SO MRS. JORDAN HAS MADE THIS MOTION.
OKAY, SO MRS. JORDAN HAS MADE A MOTION.
MR. BOEREMA HAS SECONDED IT TO RECOMMEND TO CITY COUNCIL THE DENIAL OF CASE Q2400006.
SEEING NO FURTHER DISCUSSION, I WILL CALL FOR A VOTE.
ALL THOSE IN FAVOR OF THAT MOTION I.
AND WE'RE ON TO OUR NEXT CASE.
AND I'LL DEFER TO MISS HAGLER.
THE NEXT CASE IS NUMBER Q 20 3-000 15.
THE APPLICANT, RICHARD PRIBBLE AND JOYCE PRIBBLE, REPRESENTED BY STEVEN KONTAGORA.
THEY'RE ALL PRESENT THIS EVENING.
THE LOCATION OF THIS SITE IS NORTH OF AND ADJACENT TO PORT MALABAR BOULEVARD.
NORTHEAST, SPECIFICALLY AT 1803 PORT MALABAR BOULEVARD.
NORTHEAST. THE FUTURE LAND USE IS A UNIQUE SITE.
THE APPLICANT IS REQUESTING A CONDITIONAL USE TO ALLOW THE CONSTRUCTION OF A DOCK WITHIN THE FLOODWAY CONSERVATION DISTRICT IN ACCORDANCE WITH SECTION 1850483 OF THE PALM BAY CODE OF ORDINANCES.
AT AN APPROXIMATELY QUARTER ACRE AREA OF THEIR TEN ACRE PROPERTY IN THE SOUTHWEST CORNER, IS ZONED FOR SINGLE FAMILY RESIDENTIAL AND IS DEVELOPED WITH THE APPLICANT'S PRIMARY RESIDENCE. THE CONDITIONAL USE REQUEST IS SPECIFICALLY TO ALLOW FOR THE INSTALLATION OF A DOCK WITHIN A PORTION OF THE PARCEL THAT IS IN THE FLOODWAY.
UPON RECEIVING CONDITIONAL USE APPROVAL, THE APPLICANT WILL BE REQUIRED TO APPLY FOR A DOCK A DOCK PERMIT WITH THE CITY THROUGH THE ADMINISTRATIVE PERMIT REVIEW PROCESS.
STAFF WILL ENSURE COMPLIANCE WITH ALL APPLICABLE CODES REGARDING DOC DESIGN AND SETBACKS, SPECIFICALLY, THE REQUIREMENTS OF SECTION 170.141 AND 170.142.
THE APPLICANT WILL ALSO BE REQUIRED TO SUBMIT A VALID ARMY CORPS OF ENGINEERS PERMIT, DOC PERMIT AND A FORMAL WETLAND DELINEATION FOR THE ENTIRE PARCEL, AND A Q 2415 IS RECOMMENDED FOR APPROVAL.
IT'S NOT SHOWING UP GREAT ON THE TV.
BUT IT SHOWS THAT IT'S ACTUALLY JUST ADJACENT TO A FDOT ACCESS EASEMENT.
AND ON THE EASTERN EDGE OF THE PROPERTY, RIGHT ON TURKEY LAKE.
TURKEY CREEK. AND THE NEXT SLIDE WILL SHOW EXACT LOCATION OF IT THERE WHERE THE GREEN STAR IS.
ANY QUESTIONS? ANY QUESTIONS? HAVING HEARD THE STAFF REPORT, IS THERE ANY QUESTIONS FOR THE STAFF BEFORE WE HEAR FROM THE APPLICANT? SEEING NONE. MR. WARNER? YES, SIR. I MUST HAVE MISSED IT IN HERE, BUT THE.
IS IT GOING TO BE A DOCK AND A RAMP OR JUST THE RAMP? DOCK. SO JUST THE DOCK AND THE THE THE DOCK IS GOING TO BE.
[01:30:06]
CORRECT. OKAY.AND IT'S ONLY GOING TO BE A DOCK, NOT JUST AN ACCESSORY STRUCTURE.
THANK YOU. OUR CODE ACTUALLY HAS VERY DETAILED CRITERIA FOR DOGS TO PREVENT INTRUSION IN THE WATERWAY, TO KEEP IT OPEN AND TO PREVENT AFFECTING THE NATURAL AREAS.
I MEAN, SO IT'S IT'S GOING TO BE A PRIVATE DOCK AND IT'S NOT OR IT'S NOT GOING TO BE LIKE A DOCK WHERE IT'S GOING TO BE WHERE YOU CAN HOST PARTIES OR, OR OR THERE ARE A LOT OF RESTRICTIONS TO SIZE FOR RESIDENTIAL DOCKS, SO.
OKAY. NO, IT'S I DON'T KNOW THE SPECIFICS, BUT IT'S IT'S LIMITED IN SIZE.
IT WON'T BE. IT'S NOT POSSIBLE.
THIS DOCK THAT IS PROPOSED BASED UPON SIZE AND LOCATION.
DOES IT MEET THE CRITERIA? YES. FOR THAT STRUCTURE IN THE.
MA'AM, I DO HAVE ONE QUESTION FOR YOU.
IF WE COULD BRING UP THE MAP THAT SHOWS THE PROPERTY LINES OF THIS APPLICANT.
MY INQUIRY IS, IS IT IS THE TOP RIGHT PORTION? I'M SORRY, I DON'T HAVE MY CENTER DIRECTION HERE.
I GUESS THAT'S THE NORTH. SO IS THE NORTHEAST CORNER.
KIND OF ADJACENT TO SUNSWEPT ROAD.
WAY UP THERE. NORTH NORTHEAST, UP RIGHT.
THAT LITTLE CANAL AREA IS THAT ALSO FLOODWAY CONSERVATION AREA? IS THIS ENTIRE PROPERTY FLOODWAY CONSERVATION AREA? YES. THE GREEN PARTS BORDERING THAT PROPERTY THAT ARE NOT PART OF THIS PARCEL ARE ACTUALLY OWNED BY THE CITY FLOODWAY.
UNDERSTOOD. BUT THE LITTLE PROTRUSION OUT IS THE.
IS THE APPLICANT'S PROPERTY RIGHT IN THAT? NO. ONLY WHAT'S YELLOW HATCHED? OKAY. UNDERSTOOD? UNDERSTOOD. OKAY.
THANK YOU VERY MUCH FOR THAT CLARIFICATION.
SO FOR THE RECORD, WE DO HAVE ONE LETTER.
A SEEMS TO BE A INVESTIGATIVE REPORT OF SORTS IN THE RECORD FOR THIS CASE.
THAT BEING SAID, WILL THE APPLICANT OR THE REPRESENTATIVE PLEASE APPROACH THE MICROPHONE AND MAKE YOUR PRESENTATION? GOOD EVENING. GOOD EVENING, MISTER CHAIR.
STEVE CANTARERO, ON BEHALF OF THE REBELS.
BOTH OF THEM ARE HERE, AND THEY'VE GOT KENNY, THEIR CURATOR.
SO CONDITIONAL USE FOR THIS SINGLE VESSEL DOCK.
IT'S GOING TO PROTRUDE ABOUT 16FT INTO THE WATERWAY.
THE REVIEWS THAT HAVE HAPPENED SO FAR.
THE UNITED STATES ARMY CORPS OF ENGINEERS.
ARE THERE TO MAKE SURE THAT THERE'S NAVIGABILITY.
THE. FDEP IS THERE MORE ABOUT CRITTERS, TREES AND, YOU KNOW, ANIMALS.
THEIR REVIEW. THE SAINT JOHNS RIVER WATER MANAGEMENT DISTRICT SOMETIMES REVIEWS THESE.
IN THIS CASE THEY'VE DEFERRED TO THE FDP.
ALL OF WHICH IS TO SAY IT'S IN A FLOODWAY CONSERVATION PARCEL.
THAT IS ITS PURPOSE. IT'S THERE TO PROTECT THE COMMUNITY.
IT'S THERE TO SOAK UP THE FLOOD WATERS WHILE IT'S NOT FLOODING.
HE WANTS TO HAVE HIS LITTLE BOAT DOCK.
SO THAT REALLY IS THE PURPOSE OF THE CONDITIONAL APPROVAL.
AND I CAN ASSURE YOU THAT THAT THEY ARE NO SLOUCHES.
AND SO WE HAVE REVIEWED THE STAFF COMMENTS AND OBVIOUSLY WE'RE PREPARED TO COMPLY.
WE'VE ALREADY SEEN SOME COMMENTS FROM BUILDING DEPARTMENT.
WE'RE GOING TO BE READY TO COMPLY WITH THOSE.
THEY MIGHT GIVE YOU A HEARTY WAVE.
I DON'T KNOW THAT THEY'RE PREPARED TO COME UP AND SPEAK.
AND SO REALLY, AT THIS POINT, IF THE BOARD WANTS TO HEAR FROM MR. PREBLE, HE'S READY.
I'M JUST THE PAPER JOCKEY, BUT HE'S READY TO TO THANK YOU AND TO SUPPORT.
SURE. THANK YOU VERY MUCH, SIR, FOR YOUR PRESENTATION.
WE'LL OPEN THE FLOOR TO PUBLIC COMMENTS.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? IS THERE ANYONE WHO. MA'AM.
IF YOU WANT TO GO BACK TO THE.
IF YOU COULD JUST STATE YOUR NAME AND YOUR ADDRESS.
NO PROBLEM. ROSITA COTTON, 813.
SADNESS CIRCLE IN PALM BAY, AND I'M DIRECTLY ACROSS THE WATER FROM THE CREEK THERE.
[01:35:11]
AND I'M NOT.I WANT TO GET SOME SPECIFICS ON THE DOCK.
I AM NOT SAYING THAT I AM AGAINST IT.
I'VE BEEN VERY PLEASED WITH THOSE IMPROVEMENTS.
I JUST WANT TO MAKE SURE AS FAR AS WITH AS FAR AS THE DOCK GOES, I KNOW IT'S QUITE LONG.
I KNOW I'VE HEARD THAT IT IT'S 40FT LONG, 24FT HIGH, 16FT WIDE IS WHAT I UNDERSTOOD IT TO BE.
I JUST WANT TO KNOW EXACTLY WHERE IT'S GOING TO BE AND WILL THERE BE LIGHTING AND SO FORTH ON IT.
I JUST WOULD LIKE SOME MORE QUESTIONS ANSWERED.
BUT AS I SAID, WHAT THEY HAVE DONE TO THE PROPERTY HAS ALL BEEN VERY GOOD WORK.
I MEAN, THEY HAVE TRIED TO PRESERVE AND IMPROVE UPON THE PROPERTY.
THANK YOU FOR YOUR COMMENTS, MA'AM.
IS THERE ANYONE ELSE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION? SIR. BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.
NOW, THIS IS A PERSON INDIVIDUAL ASKING FOR A CONDITIONAL USE TO DO SOMETHING THAT IN PRIOR HISTORY, FAILED TO MEET CRITERIA FOR FOLLOWING THE GUIDELINES WITHIN THE CITY OF PALM BAY.
SO NOW WE'RE STARTING ANOTHER, LET'S SAY, CHAIN OF EVENTS THAT WE NOW HAVE TO FOLLOW.
BUT IF WE DON'T GRANT CONDITIONAL USE NOW, THEN WE DON'T HAVE TO WORRY ABOUT THAT.
AND THE REASON WHY THIS IS IMPORTANT IS BECAUSE OF SOME OF THE THINGS THIS INDIVIDUAL DID TO THE FLOODPLAIN PRIOR TO GETTING AUTHORIZATION.
IF YOU'RE LOOKING IN YOUR PACKET, HE HAD TO MAKE CORRECTIVE ACTIONS.
AND I'M NOT ONE TO SAY, WELL, YOU HAVE TO BE PUNISHED TWICE, BUT WE SET THE PRECEDENCE OF TYPE OF TYPE OF THIS INDIVIDUAL OF THE WAY HE TREATS THE ENVIRONMENT.
THE THINGS THAT HE WAS TRYING TO DO.
THEY'RE TRYING TO REVAMP THE FLOODPLAIN, TRYING TO REVAMP THE OUTFLOW, TRYING TO REVAMP.
THERE'S A WHOLE LOT OF, AS I WANT TO SAY, SHADY STUFF GOING ON.
NOW DOES THAT MEAN WE SHOULD NOT APPROVE CONSENT CONDITIONAL USE? DOES IT MEET THE CRITERIA BECAUSE YOU HAD TO MAKE CORRECTIONS.
I WENT THROUGH THE PACKET AND I DIDN'T FIND ANYTHING THAT SAID THEY ACTUALLY MET THAT CRITERIA.
THAT WAS WHAT I COULDN'T FIND IN THE PACKET.
THAT BEING SAID, IN THE FLOODPLAIN, WHEN HOW MANY OTHER PIERS OR DOCKS WITH BOAT LIFTS WERE REQUIRING ELECTRICITY AND EVERYTHING ELSE GOING INTO THE TURKEY CREEK, HOW MANY DO WE HAVE ON THERE? THAT TURKEY CREEK WATERWAY WAS SUPPOSED TO BE ONE OF OUR PRIMARY TOURIST ATTRACTIONS TO THIS AREA.
ALL OUR RUNOFF GUIDELINES AND EVERYTHING ELSE THAT WE'RE CURRENTLY LOOKING AT.
SO I'M JUST TRYING TO BE A LITTLE BIT CAUTIOUS.
DOES IT MEET THE LEGAL GROUNDS FOR DENIAL OR ARE THERE STILL OUTSTANDING? I DON'T WANT TO SAY COURT ORDERS FOR CORRECTIONS.
AND I LIKE TO SAY, LET YOUR PAST ACTIONS BE YOUR FOLLOWING ACTIONS.
THANK YOU. THANK YOU FOR YOUR COMMENTS, SIR.
IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK IN OPPOSITION TO THIS REQUEST? MA'AM, I'M CAROL CONNOR.
I'M AT EIGHT, SEVEN, THREE SONNET CIRCLE AND I.
ONLY I'M NOT FOR OR AGAINST IT.
I DON'T WANT TO SEE ANYTHING LIKE BOATS OR.
ARE YOU ABLE TO EXPLAIN THAT FURTHER OR.
NO. WELL, WE CAN DO, MA'AM, IS ONCE WE WRAP EVERYTHING UP, WE CAN HAVE THE APPLICANT ADD SOME TEXTURE AS A AS AN ANSWER TO YOUR INQUIRY AND MAYBE EVEN THE STAFF, BECAUSE YOU JUST GIVE ALL YOUR FEEDBACK NOW AND THEN.
THEY'LL RESPOND TO WHAT THEIR PURPOSE IS, RIGHT?
[01:40:04]
DID YOU JUST SHARE EVERYTHING YOU HAVE RIGHT NOW AND THEN YOU'LL GET YOUR YEAH.OKAY. ANYBODY ELSE WISH TO SPEAK? OKAY. SEEING NONE, I'LL ASK THE APPLICANT FOR A RESPONSE TO THESE INQUIRIES AND COMMENTS.
THANK YOU TO EVERYONE FOR THEIR COMMENTS.
ONE OF THEM HAD TO DO WITH SOME PRIOR ACTIVITY ASSOCIATED WITH THE THE, I WOULD SAY THE FLORA.
AND SO WHAT THAT WAS, IS MR. PRIBBLE WAS REMOVING AN INVASIVE SPECIES, BRAZILIAN PEPPER.
IT GROWS A LOT, I THINK, IN THE FLOODWAY CONSERVATION PARCEL OWNED BY THE CITY.
YOU SEE THAT IT IS MUCH MORE TALL BECAUSE IT IS AN INVASIVE.
IT CAN BE REMOVED MR. PEOPLE REMOVED IT BY THE ROOT.
FDEP CAME IN AND EXPLAINED THAT TO HIM.
HE STOPPED, AND HE DID THE REST OF IT THE WAY THAT IT SHOULD BE.
YOU KNOW, I THINK THE CRITTERS AND THE VARMINTS PREFER WHAT IS GROWING THERE NOW.
AND SO THAT IS IN RESPONSE TO THE COMMENTS ABOUT ANY TYPE OF SKETCHY ENVIRONMENTAL ACTIVITY.
AS TO THE SIZE, IT IS 40FT LONG.
MIND YOU, THAT'S 40FT ALONG THE SHORELINE.
IT EXTENDS ONLY 16FT OUT INTO THE WATER.
THE WATERWAY IS PLUS OR -83FT WIDE.
AND SO CORPS OF ENGINEERS FDEP HAVE TAKEN THAT INTO ACCOUNT.
AND THAT'S WHY HE'S LIMITED TO THE 16FT.
THEY'RE STILL GOING TO BE FULL NAVIGABILITY.
AND I'M TRYING TO RECALL THE OTHER BRAZILIAN PEPPER.
HE OBTAINED A PERMIT PRIOR TO THE ONE THAT IS IN THE PACKET RIGHT NOW MIGHT LOOK AS THOUGH IT IS OUTDATED, BUT WE'VE UPLOADED THROUGH THE IMS THE RENEWED CORPS OF ENGINEERS PERMIT. IN OTHER WORDS, THAT STEP, WHICH IS AN IMPORTANT STEP TOWARDS NAVIGABILITY.
IT'S DONE. IT WILL BE RESOLVED BY THE TIME THAT THIS GOES INTO PERMITTING.
IN OTHER WORDS, THE THE REASON IT'S A CONDITIONAL USE IS IF SOMEBODY HAS THEIR RESIDENTIAL PROPERTY, A LOT OF TIMES THEY CAN BUILD A DOCK BY RIGHT, THEY BOUGHT THE PROPERTY, IT'S ON THE WATER.
THEY HAVE A RIGHT TO TAKE ADVANTAGE OF IT.
I MEAN, DURING THE HURRICANES IN 23 IT GOT HAMMERED.
FOR EXAMPLE, THIS PROPERTY ABSORBS THAT AND SACRIFICES ITSELF TO SOAK UP THE WATER ITS FLOODWAY.
CONSERVATION. THE CONSERVATION PART AGAIN, IS FOR THE CRITTERS.
YOU KNOW, TURTLES, RABBITS, IGUANAS, MAYBE EVEN SOME GATORS.
ALL OF THEM ARE LOVED, RESPECTED.
THIS IS THE BIBLE'S DREAM HOME.
SO? SO HE JUST WANTS TO HAVE HIS LITTLE DOCK AS IF IT WERE HIS HOUSE.
AND THAT'S WHY WE HAVE TO GO THROUGH THIS PROCESS.
BUT ANY QUESTIONS FROM THE FROM THE BOARD? THANK YOU FOR THOSE RESPONSES.
I'LL ASK THE BOARD IF THERE'S ANY FURTHER QUESTIONS FOR THE APPLICANT.
MR.. BOEREMA. SO ON THIS LETTER THAT IN OUR PACKET YOU HAVE RETURNED TO COMPLIANCE.
THAT'S CORRECT. SO I BELIEVE THE MULCH AND IT'S THE THE FDEP LETTER.
RIGHT. I THINK WE WE SUBMITTED THAT LATE.
SO WITH APOLOGIES IN ORDER THAT YOU COULD SEE WHAT THE DESCRIPTION WAS OF WHAT HAPPENED.
YOU KNOW, NOT ANY INTENT, RIGHT? IT WASN'T THAT THE IDEA WAS TO HARM THE ENVIRONMENT.
SO THEY REFER TO THE TREE DEBRIS.
THERE WAS TREE DEBRIS ASSOCIATED WITH THE STORMS. SO THERE WAS A TIME WHEN THERE WAS SOMETHING OF A HUE AND CRY BECAUSE THERE WAS A BUNCH OF ACTIVITY REMOVING TREES, BUT THAT WAS DEADFALL.
IN OTHER WORDS, THOSE TREES WEREN'T GOING TO DO ANYTHING ELSE.
AND IN FACT, IT'S A FUNNY THING.
I WOULD HAVE THOUGHT THAT THEY WOULD DIE, DETERIORATE AND FERTILIZE.
BUT IT TURNS OUT YOU DON'T DO THAT.
YOU WANT TO TAKE THE DEADFALL OUT AND LET WHAT IS UNDERNEATH BREATHE.
IT TURNS OUT THAT SUBSTANCE OF IT WAS NOT SO IT WAS JUST THE LOOK OF REMOVING THESE TREES.
THEY WERE DEAD. THEY SHOULD HAVE BEEN REMOVED IN THE MULCH THAT THEY'RE REFERRING TO.
AND THAT'S SO THE OTHER PART OF THAT WAS WAS REMOVING THE MULCH BECAUSE THE MULCH WAS THERE.
I MEAN, ESSENTIALLY IT WAS COSMETIC.
BUT AGAIN, REMOVING THE MULCH NOW ALLOWS REGULAR, ROBUST, FLORIDA FRIENDLY SPECIES TO GROW IN.
AND IT HASN'T BEEN DONE. THAT'S RIGHT.
[01:45:01]
BOEREMA. FURTHER QUESTIONS FOR THE APPLICANT FROM THE BOARD.AND PERHAPS YOU HAVE TO DEFER TO YOUR CLIENT AND I'LL PREFACE IT WITH YOU HEARD MY SPIEL.
SO IT WAS THE HOUSE TOWARDS THE CHURCH, WAY AWAY FROM THE CONSERVATION LAND.
THEN WE CAME INTO THE CONSERVATION LAND.
MY UNDERSTANDING IS, IS THAT YOUR CLIENT HIMSELF HAS STOOD ON THAT PODIUM, WHETHER IT WAS IN FRONT OF OUR BOARD OR THE CITY COUNCIL, AND TALKED ABOUT DREAMS OF CREATING A VENUE OF SORT AND BRINGING PEOPLE IN AND SHARING OUR BEAUTIFUL TURKEY CREEK WITH THEM, WHICH I THINK IS IS BEAUTIFUL IN NATURE.
BUT FROM A PRACTICALITY STANDPOINT, I DON'T SEE IT.
BUT IN TONIGHT'S PROCEEDINGS, I'M HEARING MORE OF A RESIDENTIAL, AND IT IS RESIDENTIAL.
IT'S IT'S A IT'S A HOUSE WITH PROPERTY AND THEY'VE BEEN MERGED.
AND THIS IS ALL MY UNDERSTANDING.
SO I'M JUST LOOKING FOR THAT ULTIMATE CLARIFICATION.
IS THIS A PLACE TO BE TURNED INTO A WEDDING VENUE, OR IS THIS A LOVELY COUPLE'S DREAM HOME AS YOU DESCRIBE IT? SURE. THANK YOU FOR THE QUESTION.
AND I'M GOING TO CLARIFY THERE, BECAUSE THE PARCEL WHERE THE HOUSE IS, IS RS TWO, RIGHT? SO THANK YOU. THAT'S WHERE THE HOUSE IS A LITTLE GRAY BIT.
AND THEN THE PARTS THAT ARE HATCHED, THE SORT OF YELLOW HATCHING IS PARTLY INSTITUTIONAL.
I WANT TO SAY THE BLUE PART WITH THE HATCHING IS ALSO USED TO BE THE CHURCH'S PROPERTY.
AND THEN THE PART THAT IS GREEN WITH THE YELLOW HATCHING.
THAT'S THE FLOODWAY. CONSERVATION.
TO ANSWER THE QUESTION, IT IS INTENDED TO BE HIS SWISS FAMILY ROBINSON HOME.
TO DATE MYSELF AND THAT IS ITS PURPOSE.
BUT DURING A SERIES OF HEARINGS IN MAY OF 2022, I BELIEVE BOTH THROUGH THE BOARD HERE AND THROUGH THE CITY COUNCIL, THE CITY COUNCIL MADE IT KNOWN THAT YOU COULDN'T DO IT. IN OTHER WORDS, YOU COULDN'T REZONE ALL OF THAT RESIDENTIAL WITHOUT HAVING A WEIRD DELINEATION BETWEEN WHAT IS FLOODWAY CONSERVATION? WHAT WAS HE GOING TO DO? HE WAS NEVER GOING TO BE ABLE TO FILL IN FLOODWAY CONSERVATION PARCELS.
THE FDP WOULD HAVE KILLED HIM.
AND THEN THIS REALLY FUN, FOR LACK OF A BETTER TERM, WILDERNESS LEADING TO THE BOAT DOCK.
SO IT'S JUST LIKE HAVING A GIANT MOTHER NATURE IN YOUR BACKYARD.
BUT THAT IS THE THE INTENT HERE IS TO IS TO HAVE IT BE THE BEST AND HIGHEST USE OF HIS DREAM HOUSE.
BEAUTIFUL. THAT BEING SAID, AND PERHAPS I JUST DON'T SEE THE TOPOGRAPHICAL MAKEUP HERE, BUT WHAT'S TO PREVENT GOING UP IN THE CORNER TOWARD SUN SWEPT IN THE LITTLE THE LITTLE FINGER CANAL? BECAUSE I'M VIEWING. IF YOU WANT TO HOUSE A BOAT THERE, IT'S BECAUSE YOU WANT TO GET TO THE RIVER THAT IS THE ABSOLUTE TERMINUS.
ONCE YOU GO UNDER THE BRIDGE, YOU'RE IN THE SANCTUARY.
YOU'RE NOT TAKING A SPEEDBOAT IN THERE.
IF YOU'RE GOING TO HOUSE A SPEEDBOAT, IT'S TO GO CRUISE ON THE CREEK AND THEN END UP IN THE RIVER.
SO WHY NOT GO CLOSER TO THE RIVER? CERTAINLY. AND NOW THE MAYBE THERE IS A QUESTION ABOUT THE WHERE THE LOCATION IS.
YEAH. THERE'S A, WHAT DO YOU CALL IT, A PUSHPIN THAT FOR MR. CHAIR, IN ORDER FOR YOU TO SEE WHERE THE DOCK IS.
SO THAT'S WHERE THE DOCK IS GOING TO BE, RIGHT? RIGHT. SO THEN WHAT IS WHAT IS THE THE DETAIL, THE FOLLOW UP.
YOU KNOW, MAKE YOUR LITTLE CUT THROUGH TRAIL, HAVE YOUR WILDERNESS AND COME OUT CLOSER TO SUNSWEPT.
SO YOU GOT TO ZOOM OUT AND YOU GOT TO GO NORTH TO SUNSWEPT.
THERE'S ALL THOSE HOUSES HAVE DOCKS.
THEY LIVE ON A LITTLE TINY CANAL.
MR. CHAIR, THIS IS ALL JURISDICTIONAL WETLANDS UP HERE, RIGHT? AND IN ORDER TO BUILD SOME KIND OF PATH OR A DOCK UP IN THROUGH HERE WOULD TAKE EXTENSIVE PERMITTING AND MITIGATION IN THIS AREA.
AND THERE'S MINIMAL TO NO WETLAND IMPACT ALONG THIS PATHWAY DIRECTLY TO THE HOUSE.
SO THAT IS WHY THE DECISION WAS MADE TO PUT IT HERE.
DOES THAT DOES THAT HELP YOU TO A DEGREE? BECAUSE THE VISUAL IS TOTALLY INACCURATE, BECAUSE IT'S LUSH AND COMPLETELY FILLED, AND THAT'S NOT WHAT THE PROPERTY LOOKS LIKE ANYMORE.
SO THE ONLY REASON THAT THERE'S A CLEAR PATH IS BECAUSE OF ALL THE CLEARING IS DONE.
[01:50:02]
MORE CONDUCIVE TO THE DAILY HAPPENINGS OF THE BOAT? AND MY BIGGEST CONCERN IS GET IT FURTHER AWAY FROM THE ENTRANCE TO THE SANCTUARY.YEAH. AND SO FOR THAT, MR. CHAIR, I ACTUALLY HAVE MR.. SURE.
THANK YOU. BECAUSE YEAH, IT GETS INTO MORE OF THE TERMINAL USE OF IT.
RIGHT. LIKE HIM TO BE ABLE TO TO PITCH IT.
THANK YOU. HI. RICHARD PREBBLE RICK THE WE HAD A WETLAND DELINEATION DONE THE MOMENT THAT I PURCHASED THE PROPERTY AND THE AREA THAT WE HAVE THE DOCK IN.
IT'S REQUIRED BY FEDERAL DEPARTMENT OF ENVIRONMENTAL PROTECTION IS TO ENTER THE WALKWAY TO A DOCK, AS IT NEEDS TO BE AN UPLAND, WHICH THIS IS THE AREA YOU'RE DESCRIBING IS NOT UPLAND.
I'D LOVE TO SHARE WITH YOU THE PROPERTY FOR SOME TIME, BECAUSE I REALLY DO TAKE A LOT OF PLEASURE.
WE'VE BEEN WORKING VERY HARD ON TRYING TO IMPROVE THE PROPERTY.
WHICH THAT DETAILS IN THE LETTER THAT I SUBMITTED FOR YOUR BENEFIT TO UNDERSTAND WHAT HAD HAPPENED, BECAUSE I KNOW THERE'S BEEN A LOT OF DISINFORMATION ABOUT IT. BUT TO ANSWER YOUR QUESTION, AS THE LADY HAD MENTIONED TO YOU, IT IS IN THE UPLAND PORTION TO WALK.
THAT WOULDN'T BE THE CASE WITH WHERE YOU DESCRIBED IT WOULD REQUIRE.
IT'S JUST A WHOLE DIFFERENT SCENARIO.
OF COURSE, BECAUSE YOU'RE COMING DOWNHILL FROM THE HOME TO GET TO THIS AREA.
BUT YOU'RE SAYING THAT IT BUILDS UP OFF OF THE WATER.
SO YOU ACTUALLY HAVE LIKE SOLID GROUND TO WALK ON WHERE AS OPPOSED TO THE AREA I'M SPEAKING OF, YOU DON'T SORT OF KIND OF THE WHEN THEY DO THE WETLAND DELINEATION, AN ENVIRONMENTALIST COMES IN AND FLAGS THE WETLAND, WHICH IS THE DIFFERENCE BETWEEN THE TYPE OF SUBSTRATE THAT WATER TENDS TO COLLECT MORE.
SO THE UPLAND PORTION IS A MORE SOLID SURFACE.
AND THAT IS THE CLEAR DIFFERENCE THAT THEY ALLOW BUILDING ON UPLAND.
THEY DO NOT ALLOW BUILDING ON WETLAND.
YOU IS REQUIRED THAT YOU ENTER IT FROM AN UPLAND AREA.
THAT'S THE ONLY PORTION THAT IS CONSIDERED UPLAND.
NOW THERE IS A POSSIBILITY THAT ONE DAY IN THE FUTURE THEY WOULD ALLOW A BOARDWALK OR SOMETHING TO GET OVER THE WETLAND, WHICH WOULD BE QUITE A DISTANCE IN THIS CASE TO GET TO THAT ONE AREA YOU'RE DESCRIBING.
OKAY. THANK YOU FOR THAT CLARIFICATION SIR.
SO THAT'S WHY HE'S FOLLOWING THAT LINE.
AND THERE'S A FOOT PATH THROUGH THERE.
BUT HOW MANY FEET AWAY FROM THE ROAD ARE WE GOING TO BE FOR THE DOCK? I MEAN, IT LOOKS LIKE A GOOD 50 60FT FROM THE EASEMENT.
YOU GOT PORT MALABAR, YOU GOT THIS FDOT THING, WHICH, IF I'M NOT MISTAKEN, IS MADE OUT OF CONCRETE.
IT LOOKS LIKE THE DOCK IS GOING TO OCCUR 50, 60FT AWAY FROM THAT.
IN THIS CONVERSATION, I WOULD EXPECT THAT IT WOULD HAVE TO BE RIGHT UP AGAINST IT.
I'M SHOWING IT WITH THE MOUSE.
IF MR. CHAIR HAS A POINT OF REFERENCE.
I APPRECIATE ALL THESE CLARIFYING QUESTIONS.
OKAY. IS THERE ANY FURTHER QUESTIONS FOR THE APPLICANT? ALL RIGHT. WELL, WE'VE HEARD FROM THE PUBLIC, WE'VE ASKED OUR QUESTIONS, SO I'LL BRING IT BACK TO THE BOARD.
I'LL BRING IT BACK TO THE BOARD AND ASK FOR A MOTION.
SO WE HAVE A MOTION BY MRS JORDAN, SECONDED BY MR. MCLEOD, TO RECOMMEND FOR APPROVAL CASE Q 23 00015.
HAVING NO FURTHER DISCUSSION, I WILL ASK FOR.
I'LL CALL A VOTE. ALL THOSE IN FAVOR? AYE. AYE. OPPOSED? NAY. MR. WARNER, DID YOU GET YOUR VOTE IN THERE? YES, SIR. YES, SIR, I DID.
AND SORRY, I GUESS I GOT TO FORMALLY ASK FOR A ROLL CALL VOTE.
I DIDN'T HEAR YOUR VOTE, SO I DON'T KNOW WHAT THE COUNT IS.
OKAY, MR. BOEREMA, I MISS JORDAN I, MR.
[01:55:04]
MCLEOD. HI, MR..WARNER. AYE. ALL RIGHT, SO THAT MOTION PASSES 4 TO 1 RECOMMENDED FOR APPROVAL.
WE'RE GOING TO MOVE ON TO NEW BUSINESS ITEM NUMBER FOUR.
AND BEFORE WE DO AND BEFORE WE DEFER, I'M SO SORRY, BUT I MUST ASK FOR JUST A BRIEF RECESS.
WE'LL GET TO THE POINT OF CALLING THIS MEETING BACK TO ORDER.
THANK YOU VERY MUCH FOR OBLIGING MY NEED FOR A RECESS.
AND WE WILL OFFICIALLY CALL THIS MEETING BACK TO ORDER AND TAKE UP NEW BUSINESS ITEM CU2400004.
AND I'M GOING TO DEFER TO MISS RAMOS.
THIS PROJECT IS THE OFFICE AND SELF STORAGE AT HERITAGE CORNERS.
THE EXISTING ZONING IS COMMUNITY COMMERCIAL AND THE PARCEL IS APPROXIMATELY 3.57 ACRES.
AND I HAVE REFERENCED BOTH THE NEW AND THE CURRENT CODE.
AND IN ANALYSIS, THIS IS REALLY MORE OF A HISTORY ABOUT THE SITE AND HOW WE GOT HERE TONIGHT.
SO IN 2023, A SIMILAR REQUEST FOR A TWO STORY SELF STORAGE BUILDING WAS SUBMITTED.
AND AT THAT TIME IT MET ALL THE MINIMUM REQUIREMENTS FOR SELF STORAGE AS A CONDITIONAL USE.
AND STAFF HAD RECOMMENDED APPROVAL ON OCTOBER 24TH, 2023.
THE PLANNING AND ZONING BOARD ALSO VOTED 6 TO 1 TO RECOMMEND APPROVAL TO CITY COUNCIL.
THE CITY COUNCIL THEN VOTED TO DENY THE REQUEST WITH A VOTE OF 3 TO 1, AND THEY NOTED THAT THIS TYPE OF COMMERCIAL DEVELOPMENT DOES NOT PROMOTE THE CREATION OF JOBS. SO THAT WAS DENIED, AND THEN THE APPLICANT APPEALED THE DENIAL ON DECEMBER 6TH, 2023.
CITY COUNCIL THEN ISSUED A FINAL ORDER UPHOLDING THEIR DECISION AND, CITING OBJECTIVE, FLEW DASH 1.3, WHICH SEEKS TO COUNTERACT THE BEDROOM COMMUNITY CONDITIONS THAT CAUSE RESIDENTS TO TRAVEL TO NEIGHBORING CITIES TO MEET THEIR NEEDS FOR GOODS, SERVICES AND EMPLOYMENT.
AND THAT'S A COMPREHENSIVE PLAN OBJECTIVE.
SO THIS EVENING, THE CURRENT APPLICATION HAS INCLUDED THE ADDITION OF A 1500 SQUARE FOOT OFFICE SPACE, ALONG WITH THE REQUESTED USE FOR CONDITIONAL USE FOR SELF STORAGE IN AN ATTEMPT TO PROVIDE COMPLIANCE WITH THE FUTURE LAND USE OBJECTIVE.
THIS CHANGE WAS DEEMED A SUBSTANTIVE CHANGE, ALLOWING RESUBMITTAL OF THIS REQUEST PRIOR TO THE EXPIRATION OF THE 12 MONTH TIME FRAME, WHICH IS REQUIRED BY THE PALM BAY CODE OF ORDINANCES.
THE PRIMARY DIFFERENCES THAT I SEE IN REVIEWING THIS PLAN.
THE BUILDING AREA IS A LITTLE BIT SMALLER.
THEY HAVE THE ADDITION OF THE 1500 SQUARE FOOT OFFICE SPACE, AND THE PREVIOUS PLAN DID LOOK LIKE IT HAD A MORE SUBSTANTIAL LANDSCAPING BUFFER TO THE SOUTH.
I BELIEVE THAT WILL BE WHERE THEY WOULD BE FACING THE RESIDENTIAL PUD.
BUT EITHER WAY, THE OLD PLAN AND THE CURRENT PLAN BOTH HAVE PROPOSED A SIX FOOT HIGH FENCE THERE.
AND I'M AVAILABLE FOR ANY QUESTIONS.
AND THE APPLICANT IS ALSO HERE.
FOR MEMBERS HAVING HEARD THE STAFF.
THANK YOU VERY MUCH, MA'AM. BOARD MEMBERS, HAVING HEARD THE STAFF REPORT, ARE THERE ANY QUESTIONS FOR STAFF BEFORE WE HEAR FROM THE APPLICANT? SEEING NONE, I WILL ASK WHO WHO DETERMINED THAT THE CHANGE WAS SUBSTANTIAL ENOUGH TO BRING IT FORTH FOUR WEEKS EARLY. I BELIEVE THAT CAME FROM CITY MANAGER AND CITY ATTORNEY'S OFFICES.
UNDERSTOOD. AND PERHAPS I CAN RESERVE THE QUESTION FOR THE APPLICANT.
BUT I'LL ASK YOU WHY NOT WAIT FOUR WEEKS?
[02:00:04]
NOT EVEN HAVE THAT SUBJECTIVE DECISION MADE? WHY NOT REMAIN OBJECTIVE? WELL, THE APPLICATION CAME IN EARLIER AND WE WOULDN'T HAVE BEEN ABLE TO ACCEPT IT.THANK YOU FOR THAT ANSWER. IT HELPS ME UNDERSTAND MUCH BETTER.
THANK YOU VERY MUCH, MISS RAMOS.
OKAY, SO THAT BEING SAID, WILL THE APPLICANT OR THEIR REPRESENTATIVE PLEASE APPROACH THE MICROPHONE AND GIVE YOUR PRESENTATION? HEY GOOD EVENING. IT'S ANNA SAUNDERS WITH BSE CONSULTANTS, 312 SOUTH HARBOR CITY BOULEVARD, MELBOURNE, FLORIDA 32901I JUST WANT TO SAY AGAIN, THANK YOU FOR HAVING US HERE THIS EVENING. THE STAFF REPORT, AS ALWAYS, IS COMPLETE AND REALLY GIVES YOU A GOOD OVERVIEW OF THE PROJECT.
I JUST WANT TO HIGHLIGHT A COUPLE OF KEY ITEMS. AS MISS RAMOS SAID, IT WAS APPROVED BY THIS BOARD ABOUT A YEAR AGO AND THEN IT WENT TO CITY COUNCIL, WHO HAD SOME CONCERNS AND REALLY WANTED TO HAVE SOME JOB CREATION IN THIS AREA.
AND SO WE WENT BACK TO THE DRAWING BOARD.
I SAY GO BACK TO THE DRAWING BOARD.
SO IT'S A NEW NEW SET OF FACES, NEW APPLICATION.
AND WE MET WITH CITY STAFF, INCLUDING CITY MANAGER, YOUR CITY ATTORNEY, PATRICIA SMITH, AND TALKED THROUGH THE ITEMS THAT WOULD TICK THE BOXES FOR SUBSTANTIAL CHANGE.
AND SO WE WENT AHEAD AND MOVED FORWARD WITH GENERATING THE CONSTRUCTION OR THE CONCEPT PLAN, THE LANDSCAPE PLAN THAT YOU SEE IN YOUR PACKET AND WORKING WITH STAFF BACK AND FORTH THROUGH SUBMITTAL, RESPONDING TO COMMENTS AND THEN GETTING TO THIS POINT THIS EVENING AS YOU HEARD AGAIN, THERE'S 1500 SQUARE FEET OF OFFICE FLEX SPACE INCORPORATED IN THE PROJECT. WE SEE THAT USE BEING USED BY LOCAL LOCAL VENDORS, SMALL BUSINESSES AND THINK THAT IT WILL HAVE A REALLY A NICE IMPACT IN THIS AREA.
FROM A JOB CREATION STANDPOINT, IN ADDITION TO THOSE OFFICE SPACES, THERE'S FOUR FULL TIME EMPLOYEES THAT WOULD BE PART OF THE STORAGE FACILITY THEMSELVES, AND THEN ALSO A PROJECT OF THIS SIZE. IT'S THREE AND A HALF ACRES, OBVIOUSLY HAS A LANDSCAPE AND MAINTENANCE CREW THAT'S GOING TO BE THERE ON A WEEKLY, BI WEEKLY BASIS IN THE SUMMER.
WHY THIS? WHY HERE? THERE ISN'T A STORAGE FACILITY WITHIN A THREE SQUARE MILE RADIUS.
SO THERE REALLY IS A IMPENDING DEMAND FOR THIS PARTICULAR PROJECT WITHIN THE CIRCUMFERENCE OF THIS, IF YOU WILL, THE LENNAR PROPERTIES THAT YOU GUYS ARE FAMILIAR WITH. THERE'S EVELYN'S, I'LL CALL IT, THE EAST SIDE OF THE ROAD AND THEN THE WEST SIDE THAT ISN'T QUITE YET ON BOARD, BUT OVERALL THERE'S 4000 UNITS THAT WILL BE COMING THIS DIRECTION.
THE EAST SIDE HAS 4460, IF I REMEMBER THE MATH CORRECTLY.
AND SO WE DO SEE THIS FACILITY BEING UTILIZED.
QUICKLY AND RENTING OUT VERY, VERY FAST.
ANOTHER BONUS, I THINK, FOR THE CITY IS THAT IT'S A GREAT TAX BASE, RIGHT.
SO IT PAYS COMMERCIAL TAXES, BUT IT DOESN'T HAVE A TAX ON YOUR UTILITY INFRASTRUCTURE.
SO IT'S VERY LITTLE TRAFFIC GENERATOR.
THE MS EMERGENCY SUPPORT SERVICES ARE VERY LITTLE.
THE SYSTEM OR THE BUILDING IS SPRINKLERED.
SO IT'S, YOU KNOW, EVEN LESS IN THAT RESPECT.
RIGHT. IT'S NOT THE SELF-STORAGE FACILITIES OF YESTERYEAR.
THE BUILDING LOOKS STELLAR, I THINK.
RIGHT? THERE'S NO OUTSIDE ROLL UP DOORS.
SO WE MEET ALL OF THOSE CODE REQUIREMENTS.
FROM THAT PERSPECTIVE, THE LANDSCAPE BUFFER THAT WAS MENTIONED IN THE PREVIOUS.
WE DO PROVIDE THE 25 FOOT REAR BUFFER.
SURE. SO IN FRONT OF YOU, WHAT WHAT'S BEING PASSED OUT IS A CURRENT AERIAL FROM BREVARD COUNTY PROPERTY APPRAISER'S WEBSITE. THE RED BOX IS THE PROJECT SITE THAT WE'RE TALKING ABOUT RIGHT NOW.
AND DIRECTLY TO THE SOUTH OF THAT IS THE FOURTH PHASE OF WHAT'S CALLED THE TIMBERS AT EVERGLADES.
THAT IS THE RESIDENTIAL COMMUNITY THAT'S CURRENTLY UNDER CONSTRUCTION.
AND IN THAT PARTICULAR AREA, THERE'S ACTUALLY A PLATTED TRACT BY MEMORY.
[02:05:01]
I'M GOING TO TELL YOU IT'S K SIX ON PHASE FOUR PLAT.PLOT. THAT TRACT IS DEDICATED AND DESIGNATED AS BEING OPEN SPACE LANDSCAPE IN DRAINAGE.
SO YOU CAN SEE IN THIS AERIAL THAT THERE IS EXISTING NATIVE VEGETATION THAT'S MAINTAINED.
SO IN REALITY, WE'RE GOING TO HAVE A MINIMUM OF 45FT PLUS AN ADDITIONAL 25FT.
THAT INCLUDES A WALL, PLUS LANDSCAPING ON OUR SIDE OR AT THE MAXIMUM POINT 90FT PLUS THAT 25FT.
SO WE DO FEEL LIKE WE'RE BEING A GOOD NEIGHBOR FROM A LANDSCAPE, A BUFFERING PERSPECTIVE.
WE'VE PUT ON THAT PLAN OUR OPERATING HOURS SO THAT YOU AND RESIDENTS AND CITY STAFF UNDERSTAND WHEN PEOPLE ARE ALLOWED TO COME AND GO, OUR ACCESS POINT IS OFF A SIDE STREET RIGHT THERE, MAGENTA WAY, WITH A SHARED ACCESS GOING TO BE JUST TO THE WEST OF IT.
SO THE PURPOSE OF THAT, AGAIN, IS TO HELP NOT ONLY THIS PARCEL, BUT THE FUTURE COMMERCIAL PARCEL.
THAT'S LEFT OVER. IT'S ANOTHER THREE AND A HALF ACRE PIECE THAT IT'LL HAVE A SHARED ACCESS DRIVE.
SO WE DON'T HAVE MULTIPLE POINTS OF ACCESS ON THIS SAME ANDERSON ROAD CONNECTION.
AND WITH THAT, I WOULD JUST RESPECTFULLY REQUEST YOUR APPROVAL.
AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
FOR THE RECORD, WE DON'T HAVE ANY LETTERS IN THE FILE.
I'D LIKE TO OPEN THE FLOOR TO PUBLIC COMMENT AND ASK, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? SIR. BILL BARTON, 586 OCEAN SPRAY STREET, SOUTHWEST. I KNOW WITHIN THE CITY THAT THERE'S SOMETIMES A NEGATIVE CONNOTATION ABOUT STORAGE FACILITIES, BUT I'M GOING TO POINT OUT ONE SIMPLE FACT.
IT'S ONE OF THE BEST SUCCEEDING BUSINESSES THAT WE HAVE IN THE CITY RIGHT NOW.
THEY'RE ALWAYS IN DEMAND, EVEN THOUGH THEY MIGHT NOT HIRE A LOT OF EMPLOYEES.
THAT'S WHY I THINK THIS IS A11 OF THE GOOD REASONS.
THE OTHER REASON IS THE TAX REVENUE THAT WE GET OFF OF.
THIS IS BUSINESS TAX REVENUE COMPARED TO INSTEAD OF RESIDENTIAL TAX REVENUE, WHICH IS ALSO AT A HIGHER RATE, GET MORE BANG FOR OUR BUCK. IT HAS MINIMAL MINIMAL IMPACT ON OUR POLICE FORCE.
FOR EVERY HOME THAT WE BRING IN, WE NEED MORE POLICE OFFICERS.
BUT FOR EVERY BUSINESS WE BRING IN, WE DON'T HAVE TO INCREASE THE NUMBER OF POLICE OFFICERS.
IT DOES HAVE AN IMPACT ON OUR FIRE.
IT WAS 4000 NEW HOMES COMING IN.
SO THEY'RE GOING TO BE I HAVE NO IDEA HOW MANY YOU'D BE ABLE TO SUPPORT FOR STORAGE UNITS FOR THAT, BUT YOU CAN PRETTY WELL BET JUST BASED ON THE WAY SOCIETY IS RESPONDING WITHIN THE CITY OF PALM BAY.
NOW THAT THEY'RE FILLING UP AND BEING USED, THAT WE'RE GOING TO NEED THESE.
THAT'S NOT IN THE CITY OF PALM BAY.
THAT BEING SAID, I KNOW PEOPLE LOOK AT THIS AS A TOPIC.
THANK YOU. THANK YOU FOR YOUR COMMENTS, SIR.
IS THERE ANYONE ELSE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION? SEEING NONE, I'LL BRING IT BACK TO THE BOARD AND ASK THE BOARD.
ANY RESPONSES TO THE COMMENTS OR INQUIRIES FROM THE APPLICANT? NO, JUST IF YOU HAVE ANY QUESTIONS.
AND THEN SO AT THAT WE WILL ASK IF THE BOARD HAS ANY FURTHER QUESTIONS FOR THE APPLICANT OR STAFF.
JUST A QUESTION ON THE ON THE PALM BAY OFFICE SUITES.
ARE THESE GOING TO BE PROFESSIONAL SUITES FOR PROFESSIONALS OR.
YES, SIR. SO WE'RE SO WE'RE ANTICIPATING THAT THERE'S GOING TO BE A LOT OF PROFESSIONALS.
THERE'S GOING TO BE MOVING INTO THE AREA INTO.
YEAH. I MEAN WE SEE WE SEE A NEED FOR ESPECIALLY WITH THE COMMUNITY TO THE SOUTH.
IT'S ADULT ACTIVE ADULT COMMUNITY.
YOU KNOW, COVID AND BRINGING COVID UP.
RIGHT. FEELS LIKE IT JUST NEVER GOES AWAY.
[02:10:05]
NOT ALWAYS THE GREATEST. RIGHT? AND IF YOU'VE GOT AN OPPORTUNITY TO GO TO WORK THAT'S JUST UP THE STREET DOESN'T GO.YOU DON'T GO OUT ON THE PARKWAY, YOU DON'T GO OUT ON EMERSON, YOU STAY ON THOSE INTERNAL STREETS THAT THAT IS A VIABLE OPTION FOR FOLKS LIKE TO HAVE THAT SORT OF HOME AWAY FROM HOME OFFICE AND STILL CONDUCT BUSINESS.
AND THEN THERE'S JUST OTHER LOCAL SMALL, INDEPENDENT VENDORS THAT NEED AN OFFICE SPACE BUT CAN'T NECESSARILY AFFORD THE, YOU KNOW, THE LARGER RENT THAT YOU'RE GETTING OR BEING REQUIRED TO TAKE AT OTHER SPOTS.
BUT WE DON'T THINK WE'RE GOING TO HAVE ANY ISSUE FILLING UP THOSE THOSE MEETING ROOMS ESTHETICALLY, IS THERE A REASON WHY YOU PUT THE YOU PUT EVERYTHING TOGETHER? I MEAN, IT'S LIKE WE GOT OFFICE SUITES AND THEN STORAGE.
SO WE HAVE THE OFFICES, WE HAVE THE OFFICES IN THE NORTHEAST CORNER.
AND REALLY THE REASON FOR THAT IS BECAUSE THEY'VE GOT DIRECT ACCESS.
YEAH, THAT'S YEAH, THAT'S EXACTLY WHAT I WAS ALLUDING TO.
YEAH. MAYBE ONE MORE QUESTION.
SURE. MR. BOEREMA. YOU MIGHT NOT EVEN KNOW THIS ANSWER, BUT DO YOU HAVE AN ESTIMATE HOW MANY EMPLOYEES WE'RE TALKING ABOUT SO FULL TIME? WILL IT BE FOUR EMPLOYEES WHEN THE PLACE IS UP AND RUNNING.
AND WE'RE NOT TALKING ABOUT CONSTRUCTION JOBS, BUT ONCE THE FACILITY IS UP AND OPERATIONAL, THERE'LL BE FOUR EMPLOYEES PLUS WHATEVER MAINTENANCE AND LANDSCAPE STAFF THAT WOULD BE, YOU KNOW, HIRED LOCALLY.
SO YOU WOULD HAVE NO IDEA HOW MANY EMPLOYEES THERE.
IS IT ENOUGH TO SATISFY CITY COUNCIL? WE HOPE SO. I MEAN, IT'S 1500 SQUARE FEET.
AND IN TALKING WITH CITY MANAGEMENT AND PLANNING STAFF, WE THINK THAT THAT'S A SUPPORTABLE NUMBER.
IF YOU LOOK AT OFFICE SPACE, IT'S BY YOUR CODE.
IT'S REALLY DIVIDED BY PARKING RATIOS EVERY 300FT².
SO IF YOU LOOK AT IT THAT WAY, IT'S FIVE INDEPENDENT OFFICE SPACES.
BUT WE DO HAVE THE FLEXIBILITY TO CREATE EITHER LARGER SPACES YOU KNOW, TO SEE HOW THE USE IS.
OKAY. THANK YOU. YOU'RE WELCOME.
SO YOUR CONDITIONAL USE IS JUST.
GO AHEAD, MR. WARNER. YES, SIR.
THAT'S CORRECT. SO THE CONDITIONAL OVERALL IN ORDER TO DO SELF STORAGE IN ANY ZONING DISTRICT, NOT JUST COMMUNITY COMMERCIAL, YOU'VE GOT TO ASK FOR THE CONDITIONAL USE AND TO SATISFY, WE HOPE SATISFY THE COUNCIL'S REQUEST.
WE'VE ADDED THE OFFICE SPACE COMPONENT TO THAT.
SO IS THAT WHERE WE'RE MAINTAINING AND THAT'S WHERE WE'RE KEEPING OR WE'RE COMING BACK LOOKING FOR A CONDITIONAL USE FOR STORY OR THREE STORIES? NO, SIR. IT'S A TWO STORY FACILITY, SO WE'LL JUST IT WILL STAY TWO STORIES? YES, SIR. PART OF THAT IS MAINTAINING THE KIND OF HARMONIOUS COMPONENT WITH THE RESIDENTS TO THE SOUTH.
THOSE ARE ALSO TWO STORY STRUCTURES OR VARIATION OF ONE AND TWO STORY FACILITIES.
SO WE DON'T WANT TO BE FOREBODING, AND WE WANT TO BLEND INTO THAT LANDSCAPE.
THANK YOU. YEAH, I THINK MR. JORDAN. I HAVE A COUPLE QUESTIONS.
I WHAT IS OFFICE FLEX SPACE? WHAT DOES THIS MEAN? SO OFFICE SPACE WOULD BE PRIVATE OFFICE SPACE.
IT'S NOT NECESSARILY RETAIL, BUT IT COULD BE RETAIL.
WE LOOK AT IT MORE MARKETING TOWARDS THE PROFESSIONAL.
THE PROFESSIONAL PERSON COMING IN, YOU KNOW, WORKING IN THEIR OWN OFFICE AGAIN.
MAYBE IT'S NOT A HOME OFFICE, BUT IT'S A HOME OFFICE AWAY FROM HOME, IF YOU WILL.
IT COULD BE, YOU KNOW, IT COULD BE A SINGLE STATE FARM INSURANCE SALESMAN.
IT COULD BE SOMETHING ALONG THOSE LINES.
SO YOU'RE GOING INTO THE PROJECT HAVING 15FT? 1500 SQUARE FEET TO WORK WITH.
AND YOU'RE GOING TO SOLICIT FOR TENANTS.
AND BASED UPON, YOU KNOW, WHAT YOU GET WHO'S INTERESTED? YOU'LL YOU'LL BUILD TO SUIT WITHIN THAT FOOTPRINT.
YEAH. THAT'S THE INTENT. SO THEY'RE THEY'RE 25FT DEEP AND 75FT WIDE.
SO WE'VE GOT SOME FLEXIBILITY ON WHERE THOSE INTERIOR WALLS ARE GOING TO GO.
SO THAT WE CAN, YOU KNOW, KIND OF BUILD TO SUIT, IF YOU WILL.
SO STRUCTURALLY, IT'S REALLY THE SAME BUILDING.
[02:15:05]
YOU'RE JUST CARVING OUT A PORCH.RIGHT. IT'S ONE SINGULAR BUILDING.
HOW DOES THAT SUBSTANTIALLY CHANGE THIS FROM A STORAGE FACILITY TO WHAT MAKES IT SUBSTANTIAL? MY UNDERSTANDING IS BECAUSE THE PREVIOUS APPLICATION DID NOT INCLUDE THE SECOND USE FOR OFFICE SPACE, THAT THE INCLUSION OF THIS PARTICULAR USE, THE ADDITION OF IT, JUSTIFIES THE SUBSTANTIAL CHANGE.
AND HOW MANY SQUARE FEET IS THE BUILDING? I'M GOING TO I WANT TO SAY I SHOULD KNOW THIS.
I'M EMBARRASSED THAT I DON'T KNOW IT OFF THE TOP OF MY HEAD.
AND WE'VE CHANGED 1500IN THAT.
THAT'S CORRECT. AM I DOING BAD MATH? SEEING. THAT'S LIKE 3 OR 4% OF THE FOOTPRINT.
AND THAT'S THAT'S A SUBSTANTIAL CHANGE.
DECISION HAS ALREADY BEEN MADE.
SO THAT'S NEITHER HERE NOR THERE.
WHAT WAS MADE BY THE CITY ATTORNEY.
THE SUBJECTIVE DECISION WAS MADE.
MAY I? I DON'T MEAN TO INTERRUPT.
NO. YOU'RE GOOD. WHAT DO YOU GOT? I JUST APPROACH WITH ONE MORE ITEM.
SO I THINK IT'S IMPORTANT TO RECOGNIZE THAT THIS, THIS PROJECT ISN'T JUST A STANDALONE PROJECT WHEN YOU LOOK AT IT AS A WHOLE.
THE BOX IN RED AGAIN IS TONIGHT'S STORAGE FACILITY SITE LOCATION WITH THE AREAS OUTLINED IN YELLOW ARE THE THE ADDITIONAL COMMERCIAL ACREAGE THAT IS IN THIS THIS QUADRANT THAT IS ALL OWNED BY THE SAME UNDERLYING ENTITY.
AND IT'S APPROXIMATELY 62 ACRES.
SO THIS 3.6 ACRE SITE IS ABOUT 6% OF THE OVERALL COMMERCIAL DEVELOPMENT.
THAT'S BEING THAT IS IN PROCESS OF GETTING DEVELOPED OUT THERE.
NOW WHY IS THAT IMPORTANT? IT'S NOT TO WAVE A WAND AND IGNORE YOUR CONCERNS, BUT IT'S IMPORTANT, I THINK, TO RECOGNIZE THAT THE ENTIRE 62 ACRES CERTAINLY CAN'T BE SELF STORAGE.
THERE IS A NEED OUT THERE AND WE WANT TO BE ABLE TO FILL THAT NEED.
HOWEVER, WE ALSO RECOGNIZE THAT ON THE BALANCE OF THESE PARCELS, YOU'RE GOING TO HAVE YOUR STRONGER COMMERCIAL ENTITIES, ALBEIT WE WERE HOPING FOR A GROCERY STORE, A HOME, A WELLNESS FACILITY LIKE A GYM.
SOMETHING ALONG THOSE LINES YOU KNOW, A HOME SHOPPING TYPE ENVIRONMENT.
ANOTHER GAS STATION, I THINK IS GOING TO BE BEFORE YOU THIS EVENING FOR THAT.
SO I JUST WANT TO POINT OUT THAT IT'S NOT JUST THIS PIECE, THAT IT'S PART OF A LARGER WHOLE.
THANK YOU FOR THAT TEXTURE AND FOR THIS ADDED VISUAL.
DO THESE HOMES ON CARD CARNELIAN DRIVE.
ARE THEY ALREADY BUILT? THEY ARE IN THE MODEL HOMES I BELIEVE ARE GETTING READY TO BE STARTED.
BUT THEY HAVE NOT BEEN COMPLETED YET.
NO, SIR. SO THAT TO SAY, THERE'S FOLKS THAT IF THEY SHOW UP TO THE MODEL CENTER TODAY AND THEY THEY CHOOSE THEIR LOT, THEY COULD BE BE CHOOSING THESE LOTS AS SOON AS RIGHT NOW.
I THINK YOU'VE DONE A GOOD JOB AT SHOWING WHAT THE BUFFERING WILL BE AND SO ON, BUT I THINK THAT THOSE FOLKS WILL WILL HAVE THE ABILITY TO MAKE CONSCIOUS DECISION WHICH YOU KNOW, WHICH LOT TO CHOOSE, WHICH I THINK IS VERY IMPORTANT THAT FREEDOM OF CHOICE.
THE OTHER NOTATION I HAVE AND FORGIVE MY LACK OF GEOGRAPHY, BUT HOW FAR WOULD YOU SAY THAT THIS INTERSECTION OR THIS SITE SPECIFICALLY IS FROM HERITAGE HIGH SCHOOL? ROUGHLY AS YOU DRIVE SOUTH, YOU'RE PROBABLY CLOSE TO THREE MILES, AND THEN YOU HAVE TO TAKE ANOTHER, AND THEN YOU GO DOWN MALABAR ROAD, RIGHT, WHICH IS PROBABLY ANOTHER THREE QUARTERS OF A MILE, I WOULD SAY.
BUT, YOU KNOW, DIRECTLY IN FRONT OF HERITAGE HIGH SCHOOL, THEY'RE BUILDING A STORAGE FACILITY.
AND THAT STORAGE FACILITY CAME BEFORE THIS BOARD TO CHANGE UP WHAT THEY WERE DOING AND BASICALLY PARCEL OUT SOME OF THEIR PROPERTY AND NOT CHOOSE TO DO STORAGE.
BUT BASICALLY PARCEL IT OUT AND DO SOMETHING ELSE COMMERCIAL.
[02:20:01]
AND SO THAT'S JUST KIND OF IN MY HEAD, AGAIN, AS I SAID EARLIER, I'M AN OPEN BOOK.I'M SHARING WHAT'S GOING ON HERE.
AND I'LL ASK A CLARIFYING QUESTION HERE IN A SECOND, YOU KNOW, KIND OF SCALE BACK OF WHAT THEY WANTED TO DO, EVEN THOUGH THEY HAD THE PROPERTY AND THE ABILITY TO DO IT, IS THIS END USER, I THINK IT'S EXTRA SPACE STORAGE.
IS THAT THE SAME STORAGE COMPANY THAT'S GOING TO BE DOWN THERE, OR IS THAT A DIFFERENT BRAND NAME OR WHAT HAVE YOU? IS IT A DIFFERENT BRAND NAME? UNDERSTOOD.
OKAY. AND I ASKED THE SQUARE FOOTAGE.
I THINK THAT CONCLUDES MY QUESTIONS.
AM I ABLE TO KIND OF PATCH ON THAT? SO THE SELF-STORAGE PARCEL THAT YOU'RE TALKING ABOUT AROUND MALABAR, AGAIN, IT'S IMPORTANT TO REMEMBER YOU'VE GOT THE PICTURE IN FRONT OF YOU, 4000 HOMES COMING RIGHT NOW.
THERE'S 1460 CURRENTLY UNDER CONSTRUCTION.
THAT'S THE ENTIRE EAST SIDE AT THAT SOUTHERN PIECE.
THAT'S DIRECTLY BEHIND THE PUBLIX THAT'S UNDER CONSTRUCTION RIGHT NOW.
AS YOU GO EAST, THERE'S MALABAR SPRINGS.
THE FIRST 317 ARE CURRENTLY UNDER CONSTRUCTION.
THAT'S ITS HISTORIC NAME IS JUST EAST OF MALABAR ROAD IN THE PARKWAY INTERSECTION.
I SAY ALL OF THAT BECAUSE THERE IS A SIGNIFICANT AMOUNT OF RESIDENTIAL DEVELOPMENT IN THAT AREA TO SUPPORT NOT ONLY THAT FACILITY, BUT CERTAINLY THIS ONE, AGAIN, FROM A MARKET STUDY PERSPECTIVE.
THERE'S NOTHING WITHIN THAT THREE MILE RADIUS.
AND WE THINK WE'RE GOING TO BE, YOU KNOW, RENTED OUT VERY, VERY QUICKLY.
DO YOU THINK THAT THE TYPE OF HOME THAT'S BEING ERECTED IN ALL OF THESE PROJECTS YOU MENTIONED, INCLUDING THE ONES THAT IMMEDIATELY ABUT THAT HAS SOME SORT OF INFLUENCE AS TO WHY FOLKS WOULD NEED STORAGE.
RIGHT. YOU KNOW WHAT USED TO BE THE END OF EMERSON AND ALL THOSE HOMES? MY CURIOUS MIND SAYS WHAT ALL THOSE PEOPLE DO WITH THEIR STUFF BEFORE THESE MAGICAL SOLUTIONS OF STORAGE UNITS CAME.
HOW DO I SAY SO? YES, THERE'S A VARIATION OF HOW SIZE THAT'S BEING CONSTRUCTED DOWN HERE.
SO THERE'S A COMBINATION OF FOLKS.
AND THE TAILORING FOR THAT IS THERE'S A COUPLE OF REASONS.
ONE, IT'S BUY YOUR FIRST HOUSE AND MOVE UP IN THE NEIGHBORHOOD.
AS YOU GROW YOUR FAMILY, GROW YOUR CAREER, YOU SELL THE SMALLER HOME, MOVE TO THE LARGER ONE.
AND CONVERSELY, AS YOUR KIDS START LEAVING THE NEST, YOU STILL LIKE WHERE YOU LIVE.
YOU'VE MADE A LOT OF FRIENDS, BUT YOU DON'T NEED THIS BIG HOUSE ANYMORE.
SO IN BETWEEN, YOU KNOW, MOVES AND UPSIZING AND DOWNSIZING, WHERE ARE YOU GOING TO PUT YOUR STUFF? THERE'S PLACES TO PUT THAT OR PLACES WHERE YOU NEED TO PUT THAT NOT TO CAPITALIZE ON THE CURRENT HURRICANE SITUATION, BUT IT IS HURRICANE SEASON, RIGHT? SO WE'VE GOT A LOT OF SNOWBIRDS THAT COME DOWN.
THEY'RE USED TO HAVING A BASEMENT.
WHAT BECOMES THE BASEMENT? YOUR GARAGE. THE SECOND HURRICANE COMES AND YOU CAN'T GET YOUR CAR IN THE GARAGE.
GUESS WHAT HAPPENS? ALL THAT STUFF ENDS UP IN THE LIVING ROOM MOMENTARILY, AND THEN YOU GO, WHAT AM I GOING TO DO WITH ALL THIS STUFF? IT'S HARD TO PART WITH YOUR STUFF, ESPECIALLY WHEN YOU'VE DOWNSIZED.
AND SO WE SEE TIME AND TIME AND TIME AGAIN, PEOPLE WILL COME AND RENT THOSE SMALLER SPACES TO PUT ALL THE STUFF THAT THEY CAN'T QUITE GET RID OF THEIR, YOU KNOW, HALLOWEEN DECORATIONS, CHRISTMAS DECORATIONS AND ALL THOSE SORTS OF THINGS.
AND WHAT WE FIND IS THAT THEY ACTUALLY ENJOY THAT BETTER BECAUSE IT'S CLIMATE CONTROLLED.
I AM NOT. THAT BEING SAID, I HAVE NO FURTHER QUESTIONS.
DOES ANYBODY ELSE ON THE BOARD HAVE ANY QUESTIONS FOR MISS SAUNDERS? ALL RIGHT. THANK YOU SO MUCH.
BOARD, HAVING HEARD ALL THE EVIDENCE AND ASKED ALL OF OUR QUESTIONS DO I HEAR A MOTION PERTAINING TO THIS CASE? MOTION TO APPROVE C SEE 24 00004.
SECOND. MOTION BY MRS. JORDAN, SECONDED BY MR. MCLEOD TO RECOMMEND FOR APPROVAL.
WE'LL MOVE ON TO NEW BUSINESS ITEM NUMBER FIVE, WHICH IS CASE NUMBER Q2400007. AND I WILL DEFER TO MISS RAMOS.
[02:25:03]
YES. SO THIS ONE IS JUST DOWN THE ROAD.IT IS THE HERITAGE CORNERS 711.
THE APPLICANT IS AGAIN ASKED PALM BAY HOLDINGS.
I BELIEVE THEY'RE REPRESENTED THIS EVENING BY DEREK RAMSBURG FROM KIMLEY-HORN AND ASSOCIATES.
THE SITE IS APPROXIMATELY TWO ACRES, AND THIS IS A CONDITIONAL USE REQUEST TO ALLOW RETAIL, AUTOMOTIVE, GAS AND FUEL SALES IN THE COMMUNITY COMMERCIAL DISTRICT. IT IS MEETING ALL OF THE REQUIREMENTS FOR RETAIL, AUTOMOTIVE, GAS AND FUEL SALES AND ANALYSIS.
AND CURRENTLY THERE'S A SITE PLAN IN REVIEW FOR A CIRCLE K AT THAT LOCATION.
SO THIS WILL BE THE SECOND GAS STATION AT THIS INTERSECTION.
THE OTHER THING I WANTED TO POINT OUT IS YOU CAN SEE ON THE OTHER MAP THAT WAS WITH THE.
YEAH. RIGHT THERE, YOU CAN SEE THAT THE SITE IS ACTUALLY SURROUNDED BY COUNTY ZONING.
AND THAT IS A YOU WHICH IS AN AGRICULTURAL RESIDENTIAL ZONING.
SO WHEN I RESEARCHED THE PROPERTY, IT FOUND THAT IT LOOKS LIKE THIS AREA WAS ANNEXED INTO THE CITY IN 2003, AND THE FUTURE LAND USE IN THE AREA WAS DESIGNATED IN 2006.
SO ONE OF OUR CRITERIA IS TO MAKE SURE THAT FUEL PUMPS AND THINGS RELATED TO THE GASOLINE WILL BE AT LEAST 100FT FROM ANY RESIDENTIAL USES.
THE FUTURE LAND USE, WHICH IS ALL CITY CLASSIFICATIONS.
WHEN YOU'RE LOOKING TO THE SOUTH ON THAT SITE.
THAT IS WHERE THE FUTURE LAND USE CHANGES.
IT'S HIGH DENSITY RESIDENTIAL, SO THERE'S ABOUT 50FT BETWEEN THE HIGH DENSITY RESIDENTIAL AND THEIR PROPERTY LINE, WHICH HAS A COMMERCIAL FUTURE LAND USE.
SO THAT GIVES THEM OVER 100FT BEFORE THEY WOULD GET TO ANY POTENTIAL FUTURE RESIDENTIAL ZONING.
SO I JUST WANTED TO POINT THAT ONE OUT AS WELL.
BUT OTHERWISE THEY ARE MEETING ALL THE REQUIREMENTS.
OH, I DID I DID WANT TO MENTION AS WELL THIS SITE IS ALSO SHOWING AN ACCESSORY CAR WASH.
CAR WASH, WHICH IS JUST THE DRIVE THROUGH RIGHT THERE.
HAVING HEARD STAFF REPORT BOARD MEMBERS, IS THERE ANY QUESTIONS FOR STAFF? YES SIR. SO THE 50FT THAT YOU THE 50FT THAT YOU'RE POINTING OUT IS WOULD THEY BE REQUIRED OR DO THEY ALREADY OWN IT.
IT'S NOT PART OF THEIR PROPERTY.
IT'S OFF OF THEIR SITE. THERE'S ANOTHER 50FT.
SO IT'S LIKE 70, 71FT FROM THE LAST FUEL PUMP THAT THEY'RE SHOWING TO THEIR PROPERTY LINE.
AND THEN THERE'S AN ADDITIONAL 50FT OFF THE SITE OF COMMERCIAL FUTURE LAND USE DESIGNATION.
SO THAT GIVES THEM MORE THAN THE 100FT.
SO ARE THERE ANY ADMINISTRATIVE CHANGES THAT THAT THAT NEED TO OCCUR PRIOR TO HEARING THIS OR I THINK THE PLAN IS FINE AS IT'S SHOWN. YOU KNOW, OF COURSE THERE COULD BE SMALL ADJUSTMENTS MADE WHEN YOU GET INTO THE DETAILED ADMINISTRATIVE SITE PLAN REVIEW, BUT AS IT'S SHOWN RIGHT NOW, IT'S MEETING ALL THE REQUIREMENTS.
[02:30:03]
BECAUSE I FEEL LIKE IT WOULD BE USEFUL TO ME, BUT I DON'T WANT TO LOOK AT IT IF IT'S NOT PART OF THIS CASE.I DON'T KNOW ABOUT ENTERING IT INTO THE RECORD, BUT I MEAN, IT IS THE SAME AREA.
ALL RIGHT. I'M NOT LOOKING AT IT, THOUGH.
THANK YOU. SO, WILL THE APPLICANT OR THE REPRESENTATIVE PLEASE APPROACH AND MAKE A PRESENTATION? GOOD EVENING.
THANK YOU FOR MEETING TONIGHT.
AND WE THINK THE WE FEEL THE GAS STATION AT THIS INTERSECTION OF EMERSON AND SAINT JOHNS HERITAGE PARKWAY IS A VERY GOOD LOCATION FOR FOR A NEW GAS STATION WITH ALL THE DEVELOPMENT, THE EXPANSION OF EMERSON ROAD, ALL THERE'S ALSO THERE'S THERE'S ALSO NOT MANY GAS STATIONS IN THIS AREA.
THERE WILL BE ONE COMING ON THE CATTY CORNER COLLECTING ALL THE NORTHBOUND TRAFFIC.
THIS ONE WILL COLLECT SOUTHBOUND TRAFFIC.
THE EXTENSION OF EMERSON DRIVE WILL BE ABLE TO COLLECT EASTBOUND TRAFFIC.
THEY'LL COLLECT WEST. SO IT DOES FIT.
AND IT'S VERY CONSISTENT WITH THE DEVELOPMENT PROGRAM AND THE COMMUNITY AND THE FUTURE DEVELOPMENT PROGRAM, ESPECIALLY WITH THE 4000 SINGLE FAMILY HOMES COMING IN THE COMMERCIAL ACROSS THE STREET.
WE THINK IT WILL BE VERY GOOD AND CONSISTENT USE AND FIT THE FIT THE AREA VERY WELL.
FOR THE RECORD, THERE'S NO LETTERS IN THE FILE PERTAINING TO THIS CASE.
I'D LIKE TO OPEN THE FLOOR TO PUBLIC COMMENT AND ASK, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? SIR. BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST. IT'S NOT SO MUCH THAT I'M IN FAVOR OF JUST THIS DEVELOPMENT.
IT'S IN FAVOR THAT I WANT TO SEE COMMERCIAL COMING INTO THE CITY OF PALM BAY.
BUT WITH THAT, I HAVE A COUPLE OF QUESTIONS THAT MAYBE THE BUILDER OR DEVELOPERS CAN ANSWER.
THE FIRST QUESTION WAS WHO IS BUILDING EMERSON ROAD? BECAUSE IT'S OFF TO THE EAST SIDE OF SAINT JOHN'S HERITAGE PARK, WHERE THEY'RE SHOWING IT ON EMERSON ROAD, BUT THERE IS NO EMERSON ROAD THERE.
WHO IS BUILDING THAT? WHEN ARE THEY EXPECTING TO SEE THAT? IS IS EMERSON ROAD GOING TO BE DEPENDENT UPON THIS BUSINESS COMING IN? RIGHT. THAT'S THE FIRST ONE.
THE NEXT QUESTION WAS THERE SHOWN ON THEIR IN THEIR DOCUMENTATION THAT THERE'S A TRAFFIC LIGHT AT SAINT JOHN'S HERITAGE PARKWAY AND EMERSON AND I DON'T REMEMBER THERE BEING A TRAFFIC LIGHT THERE.
WHAT'S THE STATUS OF THAT TRAFFIC LIGHT? IS IT DEPENDENT UPON THIS DEVELOPMENT? AND THE OTHER QUESTION WAS FOR THE THE DEVELOPER WAS THEY HELD THEIR PUBLIC INPUT MEETING BY ZOOM. AND I THOUGHT WE HAD JUST CHANGED OUR CITY ORDINANCE ON THAT.
IT HAD TO BE AN ACTUAL DEVELOPMENT.
SO THAT'S JUST ONE OF MY QUESTIONS.
AND THEN THE OTHER QUESTION IS MORE FOR STAFF, BUT YOU GUYS MIGHT HAVE SOME INPUT TO THEM ON THIS WAS WE KEEP SEEING CONTINUALLY A CONDITIONAL USE FOR GASOLINE IN IN COMMUNITY COMMERCIAL.
SO MAYBE IN OUR LAND DEVELOPMENT CODE WE SHOULD ALREADY INCLUDE GAS IN OUR IN OUR COMMERCIAL DEVELOPMENT BECAUSE WE HAVE TO CONSTANTLY SAY YEAH, WE WANT THAT THERE.
IT'S NOT SET. IT'S MADE TO BE MODIFIED AND CHANGED.
SO IF THAT'S SOMETHING THAT KEEPS COMING UP, MAYBE IT SHOULD BE CHANGED.
BUT THAT'S FOR STAFF AND NOT FOR THIS DEVELOPMENT.
OKAY. SO THE PRIMARY ONE WHO'S GOING TO DO EMERSON MEETING BY ZOOM AND IS THE TRAFFIC LIGHT THERE.
IS THERE ANYONE ELSE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION? SEEING NONE, I'LL ASK THE APPLICANT TO RESPOND.
THANK YOU FOR YOUR FOR YOUR COMMENTS.
[02:35:01]
SO FOR WHO IS BUILDING EMERSON ROAD, IT WILL BE THE HOMEBUILDER THAT'S COMING IN FOR THE 4000 LOTS THAT'S GOING IN THERE ON THE WEST.SO THAT'LL BE PART OF THEIR APPLICATION.
IT'LL GO IN UNDER THAT CONSTRUCTION.
AND THEN PER WHAT I KNOW IT WILL BE DEDICATED TO, TO THE CITY AS A, AS A PUBLIC RIGHT OF WAY.
SO NO, IT IS NOT DEPENDENT ON OUR BUSINESS.
IT WILL BE THERE. BUT FOR OUR SITE PLAN AND OUR PLANNING, WE WANT TO MAKE SURE AS WELL AS WITH THE TRAFFIC LIGHT, WE WANT TO MAKE SURE THAT WE'RE PLANNING FOR THE FUTURE AND WHAT'S COMING SINCE IT'S IMMINENT.
AND WE KNOW, WE KNOW IT'S THERE.
SO WE'RE PLANNING FOR THAT WITH WITH EVERYTHING INCLUDED, WE'RE WORKING WITH THEM TO MAKE SURE OUR DESIGN AND EVERYTHING IS CONSISTENT WITH WITH THEIR ENGINEERING PROGRAM AND ALL THAT AS WELL.
PUBLIC COMMUNITY MEETING VIA ZOOM.
SO WE DID SEND OUT THE PUBLIC NOTICES AS REQUESTED BY THE CITY.
BOARD MEMBER. FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS.
CASEY BROUGHT BACK TO THE BOARD.
BOARD MEMBERS. ANY FURTHER QUESTIONS FOR THE APPLICANT OR FOR STAFF? YES, SIR. MR. WARNER. MY QUESTION IS GOING TO BE LOOKING AT THE INTERSECTIONS I KNOW WE GOT THE INTERSECTIONS FOR.
AND WE ALSO GOT THE INTERSECTION HERE WITH EMERSON.
AND THERE'S ACTUALLY ONE MORE.
THE WAY THE THE WAY THAT IT'S WRITTEN THAT WITHIN WITHIN A MATTER OF NOT EVEN A MILE, WE'RE, WE'RE STILL WE'RE STILL CAN ALLOW TWO MORE GAS STATIONS DOWN ON PACE, TWO MORE GAS STATIONS OFF OF OFF OF MALABAR, TWO ON EMERSON AND AND THEN I CAN'T REMEMBER WHAT THE OTHER.
WHAT? THAT OTHER INTERSECTION. INTERSECTION IS DOWN THERE, BUT THERE'S THREE INTERSECTIONS.
NOT NOT AGAIN, NOT EVEN WITHIN A MILE OF ONE ANOTHER, I THINK ACTUALLY, I THINK.
TWO OF THOSE INTERSECTIONS ARE PROBABLY PROBABLY A HALF A MILE APART, IF THAT.
AND SO WHEN WHEN WHEN BECAUSE OF THE WAY THAT IT'S WRITTEN, WHEN EVERYBODY COMES IN LOOKING FOR THIS, THIS, THIS COMMUNITY COMMERCIAL AND, AND YOU KNOW, LIKE, LIKE MR..
SO WHAT WE'RE GOING TO END UP WITH IS JUST LIKE WHAT WE HAVE HERE ON MALABAR, WHERE EVERY IT FEELS LIKE EVERY 2 TO 300FT, THERE'S ANOTHER GAS STATION, THERE'S ANOTHER CONVENIENCE STORE. SO IS THERE SOMETHING IN THE, IN THE IS THERE SOMETHING THAT WE CAN CHANGE IN THE CODE THAT WILL EITHER GIVE A LITTLE BIT SOME MORE, SOME MILEAGE IN BETWEEN ONE GAS STATION TO ANOTHER, BECAUSE IF NOT AS, AS WE LOOK AS WE'RE LOOKING AT THIS NOW, THERE'S ACTUALLY NOTHING STOPPING THE ONE GAS STATION THAT'S PREVIOUSLY COMING IN. AND THEN THIS THEN.
THEN IF WE APPROVE THIS, THIS GAS STATION BEING ALMOST DIAGONALLY ACROSS FROM IT.
SO I THINK THAT ANYWHERE THAT A GAS STATION IS ALLOWED IN THE CITY, IT'S ALWAYS A CONDITIONAL USE.
AND I BELIEVE THAT IT'S IT'S NOT IN THE GENERAL COMMERCIAL ZONING.
SO I THINK IT'S HIGHWAY COMMERCIAL AND LOWER.
AND THEN I BELIEVE IT GOES DOWN TO NEIGHBORHOOD COMMERCIAL.
SO IT'S A LIMITED ZONING THAT WOULD ALLOW A GAS STATION.
IT WOULD ALWAYS COME TO YOU AS A CONDITIONAL USE.
IT WOULD COME TO YOU AS A CONDITIONAL USE FIRST, THOUGH.
OKAY. BECAUSE, I MEAN, IT JUST FEELS LIKE THE CONDITION EVEN EVEN EVEN WITH IT COMING AS A CONDITIONAL USE, IT STILL RESTRICTS OUR POWER, ESPECIALLY IF IT DOESN'T FIT IN THE NEIGHBORHOOD. IF IT DON'T BELONG THERE, IT JUST DON'T BELONG.
I DO HAVE SOME QUESTIONS, BUT I WOULD LIKE TO DEFER TO THE REST OF THE BOARD.
NO QUESTIONS. MY QUESTIONS ARE FOR THE APPLICANT.
WHAT'S YOUR CONSTRUCTION TIMELINE AS FAR AS HOW SOON YOU'D LIKE TO GET THIS PROJECT GOING? YEAH. SO WE WE'RE OBVIOUSLY GOING TO THE PLANNING TO MEET TODAY AND THEN SLATED FOR CITY COUNCIL, I THINK THE 17TH.
SO PROBABLY LOOKING AT SECOND QUARTER OF NEXT YEAR.
GOTCHA. A FOLLOW UP TO THAT IS WHAT'S YOUR PLAN TO HAVE ACCESS TO ELECTRICITY?
[02:40:03]
POWER TO POWER YOUR SITE WITH THE THE EXPANDED DEVELOPMENT IN THAT AREA, THEY WILL BE BRINGING POWER TO THIS AREA AS WELL AS UTILITIES AND WILL BE WILL BE CONNECTING TO THOSE.WOULD THAT SAY THAT YOUR PROJECT IS ALSO CONTINGENT ON THE TRAFFIC LIGHT EXISTING? NO. SO IT'S IT'S CONTINGENT.
WELL, WE'RE JUST PLANNING FOR IT IN THIS INSTANCE.
SO WE'D BE CONNECTING OFF SAINT JOHN'S PARKWAY.
IT'S NOT REQUIRED TO HAVE THAT TRAFFIC LIGHT, RIGHT? THAT'S WHAT I'M TRYING TO SAY. OKAY.
AND THEN, FURTHERMORE, IF THE EMERSON EXTENSION DOESN'T EXIST BY THE TIME YOU GUYS ARE READY TO GO, WILL YOU SIMPLY JUST CARRY ON WITH THE THE PARKWAY RIGHT IN, RIGHT OUT AND MAYBE, YOU KNOW, CREATE YOUR DRIVEWAY BUTS TO TO THE FUTURE OR, YOU KNOW, WILL THIS HOLD YOUR PROJECT UP? CORRECT. IT WOULD. WE WOULD LIKELY JUST CONTINUE WITH THE RIGHT AND RIGHT OUT, AND THEN WE'D STUB OUT FOR A FUTURE CONNECTION WHEN AMAZON DID COME THROUGH.
OKAY. THAT THAT THAT'S THE CLARIFICATION I NEEDED FROM YOU, SIR.
ANY FURTHER QUESTIONS? MR. CLOUD? NOT A QUESTION, BUT AN OBSERVATION.
AS ONE WHO USES HERITAGE PARKWAY QUITE OFTEN.
I'M HAPPY TO SEE A GAS STATION COMING THERE, AND I'D LOVE TO SEE THAT STOP SIGN, BECAUSE I'VE SEEN PEOPLE FLYING THROUGH THERE NOT STOPPING AT EMERSON AND CAUSING ISSUES.
SO I'M PLEASED THAT THIS WILL BE GOING THERE.
I'D LIKE TO GAS UP BEFORE I GO UP TO 9 TO 5.
ABSOLUTELY. THANK YOU FOR YOUR COMMENT.
ALL RIGHT BOARD. HAVING HEARD ALL THE EVIDENCE, ASKED ALL THE QUESTIONS.
DO I HEAR A MOTION PERTAINING TO THIS CASE? MOTION TO APPROVE.
SECOND. I HAVE A MOTION BY MRS. JORDAN, SECONDED BY MR. BOEREMA TO RECOMMEND FOR APPROVAL.
ASSUMING THERE'S NO FURTHER DISCUSSION, I'LL CALL THE VOTE.
FROM MY RECOGNITION HERE, THERE'S THREE STOPLIGHTS THAT ARE BEING PURCHASED BY THE CITY.
TEMPORARY LIGHTS THAT ARE ONES ALREADY IN, I BELIEVE, AT MALABAR IN THE PARKWAY.
AND THE OTHER TWO ARE GOING TO GO AT PACE AND EMERSON.
AND CAN THE STAFF VALIDATE THAT? I KNOW ABOUT THE MALABAR PARKWAY.
IS THERE A TEMPORARY LIGHT IN PLAN FOR PACE AND EMERSON? NO, THAT'S UP TO PUBLIC WORKS.
AND YOU WOULD HAVE TO ASK THEM.
OKAY. I GUESS MY COMMENT IS THAT IT'S IT'S EMINENT THAT IT'S GOING TO BE LIGHTS THERE.
YEAH. IT'S FUNNY YOU MENTIONED THAT MR. BOEREMA BECAUSE I MEAN THOSE TEMPORARY LIGHTS, I MEAN THEY PROBABLY RUN ON GENERATORS OR SOMETHING.
CIRCLE K IS NOT THERE BECAUSE THERE'S NOT POWER YET.
THE TRAFFIC LIGHT CAN'T COME IN UNTIL THE CIRCLE K DOES.
NEITHER ONE WANTS TO COME IN UNTIL THE HOUSES DO.
THE HOUSES DON'T REALLY WANT TO UNTIL THE POWER DOES.
SOMEBODY NEEDS TO PUT POWER IN THE GROUND.
AND WE NEED TO GET THIS THING GOING.
BECAUSE TO MR. MCLEOD'S PREVIOUS POINT, THIS IS A HAZARD TO OUR CITIZENS.
WE NEED A TRAFFIC LIGHT. BUT THAT'S A HALF A SOAPBOX MOMENT.
LET'S KEEP IT GERMANE TO THIS CASE.
ANY FURTHER DIALOG? THAT'S IT. I'LL CALL THE QUESTION.
ALL THOSE IN FAVOR OF THE MOTION AYE.
AYE. AYE. ANY OPPOSED? THAT MOTION PASSES UNANIMOUSLY.
THAT BRINGS US BACK TO OUR OLD AND UNFINISHED BUSINESS ITEM, WHICH IS CASE Z2400004.
THE APPLICANT IS THE CITY OF PALM BAY, AND THIS IS AN ADMINISTRATIVE REZONING FROM 10 TO 15 CITY WIDE AND COMPRISING OF ABOUT 361 ACRES COLLECTIVELY.
THIS CHANGE IS BEING MADE FOR A FEW REASONS.
NUMBER ONE, TO MAKE IT CONSISTENT WITH THE COMPREHENSIVE PLAN.
NUMBER TWO AS YOU KNOW, YOU HEARD BACK IN AUGUST A CASE WHICH WAS A TEXT AMENDMENT REPEALING OUR ENTIRE CODE AND ADOPTING A NEW ONE.
THAT NEW CODE ELIMINATED THE TEN SINGLE FAMILY MULTIFAMILY RESIDENTIAL ZONING DISTRICT.
[02:45:01]
AND SO WITH THAT, WE NEED TO REZONE THESE PROPERTIES SO THAT THEY CAN HAVE AN ACTUAL ZONING DISTRICT THAT'S IN OUR CURRENT CODE.THAT BEING SAID, I DID PLACE IN THE STAFF REPORT A TABLE SHOWING SOME OF THE PRIMARY DIFFERENCES BETWEEN THE TWO AS IT IS PROPOSED.
WHAT I WANT TO HIGHLIGHT IS THAT WE DID INCREASE THE MAXIMUM BUILDING COVERAGE FOR SINGLE FAMILY.
IN ADDITION TO THAT FOR TWO FAMILY LOT REQUIREMENTS.
MULTIFAMILY, ESSENTIALLY EVERYTHING REMAINED THE SAME EXCEPT FOR THE BUILDING COVERAGE WHICH INCREASED AS WELL AS THE HEIGHT. THAT BEING SAID, STAFF IS RECOMMENDING APPROVAL OF CASE Z 24 00004.
IF YOU HAVE ANY QUESTIONS, I AM HERE.
ALL RIGHT. THANK YOU, MISS JEFFERSON.
I'LL NOTE THAT ADDED TO OUR RECORD, I SUPPOSE, WAS THIS DOCUMENT THAT THAT IS THIS THAT IS THIS ORDINANCE AND THEN HAS THIS BUSINESS IMPACT ESTIMATE THAT THAT'S PERTAINING TO THIS CASE.
RIGHT. CAN YOU JUST GIVE SOME TEXTURE TO IT? SO THIS IS A NEW LEGAL REQUIREMENT IN THE STATE OF FLORIDA.
I'LL LET OUR ATTORNEY COVER THIS.
YOU HAVE IT FOR INFORMATION PURPOSES ONLY.
STATEMENTS ARE NOW REQUIRED BY FLORIDA STATUTES FOR ZONING ORDINANCES OR ORDINANCES THAT CHANGE THE ZONING ZONING DESIGNATION OF A PROPERTY IF THE ORDINANCE IS GENERATED OR INITIATED BY THE LOCAL GOVERNMENT.
THIS THIS STATUTE STILL EXEMPTS APPLICATIONS BY PROPERTY OWNERS TO CHANGE THE ZONING OF THEIR PROPERTY FROM BEING SUBJECT TO THE ECONOMIC IMPACT STATEMENT THAT IS REQUIRED UNDER ONE CHAPTER 166.
OKAY. THANK YOU FOR THAT CLARIFICATION, MR. CHAIR. I DO WANT TO POINT OUT JUST BECAUSE SHE SAT HERE ALL THESE HOURS, WE DO HAVE A REPRESENTATIVE FROM THE SCHOOL BOARD AT OUR MEETING TONIGHT.
MISS KAREN BLACK, AND THIS FIRST CASE IS, YOU KNOW, THIS ADMINISTRATIVE CASE IS PROBABLY THE ONLY CASE THAT WOULD HAVE BEEN APPLICABLE TO OUR AGREEMENT AND OUR NEED FOR HAVING A REPRESENTATIVE ON THE BOARD.
BUT SHE HAS ENDURED TONIGHT, AND I JUST WANTED TO RECOGNIZE HER FOR BEING HERE.
WELL, I APPRECIATE YOUR PRESENCE.
AND LET ME ASK MISS JEFFERSON, CAN CAN THIS YOUNG LADY BE OUR OFFICIAL DESIGNATE AND PERHAPS EVEN HAVE A NICE, COMFORTABLE CHAIR NEXT TO YOU BESIDES THE BANQUET CHAIRS THAT ARE STILL HERE YEARS LATER? AS I UNDERSTAND IT, THE WAY THIS PARTICULAR SCHOOL BOARD WORKS IN THIS COUNTY IS THEY APPOINT PEOPLE LIKE YOU RATHER THAN ACTUAL SCHOOL BOARD STAFF DO.
IS THAT CORRECT? IF I MAY, PLEASE.
FIRST OF ALL, I'M GLAD TO BE HERE, AND I'M MORE THAN HAPPY TO COME TO ANY MEETING WHERE THERE'S A RESIDENTIAL COMPONENT THAT YOU MAY HAVE SOME QUESTIONS. I USUALLY DO CHECK IN TO SEE IF THERE'S SOMETHING ON THE AGENDA.
WE ARE CURRENTLY I'M THE MANAGER OF FACILITIES PLANNING, AND THE WAY OUR DISTRICT WORKS IS OUR SCHOOL BOARD MAKES RECOMMENDATIONS TO APPOINT VOLUNTEERS TO SIT ON LOCAL PLANNING BOARDS.
CURRENTLY, AS YOU KNOW, YOU DO NOT HAVE ONE.
WE ARE OPEN TO SUGGESTIONS FOR VOLUNTEERS.
SO IF YOU KNOW OF ANYONE THAT WOULD LIKE TO VOLUNTEER FOR YOUR BOARD, THEY WOULD BASICALLY YOU WOULD GIVE THE CONTACT INFORMATION TO ME AND THEN I WOULD CONTACT THEM.
I WOULD TALK TO THEM ABOUT WHAT THE POSITION ENTAILS.
THEY'D BE A NON-VOTING MEMBER.
AND THEY AND THEN I WOULD GIVE THEM A MANUAL, TAKE THEM OUT TO LUNCH, TRAIN THEM ON ALL THINGS SCHOOL CONCURRENCY RELATED, AND THEN THEY WOULD BE INTRODUCED TO YOU AND THEY WOULD SIT ON YOUR BOARD.
OUR BOARD WOULD APPROVE THEM, YOU KNOW.
OUR BOARD, THEY WOULD HAVE TO GO BEFORE OUR BOARD.
BUT IN THE MEANTIME, I CAN COME SINCE WE DON'T HAVE REPRESENTATION IN THIS AREA.
I MUST ASK A CLARIFYING QUESTION TO FURTHER UNDERSTAND THIS.
[02:50:02]
THE SCHOOL BOARD HAS TO APPOINT THE MEMBER THAT JOINS US.YES. PER OUR INTERLOCAL AGREEMENT THAT WE HAVE WITH THE COUNTY AND 15 LOCAL MUNICIPALITIES, THE WAY THE INTERLOCAL AGREEMENT IS WRITTEN IS THAT THE SCHOOL BOARD MAY APPOINT ONE MEMBER TO EACH JURISDICTION'S PLANNING AND ZONING ADVISORY BOARD.
AND THEN THAT MEMBER IS A NON-VOTING MEMBER.
HOWEVER, THE INTERLOCAL AGREEMENT OR THE LAW FROM THE LEGISLATION DOES NOT SAY THAT THE MUNICIPALITY CAN'T GIVE VOTING RIGHTS TO THAT MEMBER. WE HAVE ONLY ONE AGENCY THAT ALLOWS THE MEMBER TO VOTE, AND THAT'S THE COUNTY CURRENTLY.
THEY ARE VOLUNTEERS AND THEY ARE CITIZENS.
SO THE SCHOOL BOARD MEMBER OF THIS AREA, I BELIEVE, IS MISS KATIE CAMPBELL.
WELL, RELATIVELY SPEAKING, YES, BECAUSE WE'RE SPLIT, BUT.
SO SHE WOULD MAKE A RECOMMENDATION.
I TRAIN THEM, AND THEN THEY REPORT TO ME IF THEY HAVE ANY QUESTIONS, IF THEY NEED ANY ASSISTANCE.
IF YOU GUYS HAVE A QUESTION THAT THEY CAN'T ANSWER, THEY CAN ALWAYS CONTACT ME AND BRING THE ANSWER BACK TO YOU, RIGHT? THEIR ROLE IS TO BE EDUCATED ON ALL THINGS SCHOOL CONCURRENCY RELATED.
THEY'RE THEY'RE HERE TO ANSWER QUESTIONS WHEN THEY ARISE.
I DO IT WHEN A DEVELOPER BRINGS A SUBDIVISION IN FOR APPROVAL, AND THEY DO THE SCHOOL CONCURRENCY APPLICATION, AND I PROCESS THAT, AND I WRITE MY STAFF LETTER BACK TO THE THE CITY.
THEN THEY WOULD BE COPIED IN THAT, AND THEY WOULD BE TRAINED IN HOW TO READ THE RESPONSE LETTERS AND KNOW ABOUT THE CONCURRENCY ISSUES OR AVAILABILITY OR NON-AVAILABILITY AND WHAT'S GOING ON AT THE SCHOOL BOARD.
ARE YOU LOCAL TO PALM BAY? NO. SO YOU JUST.
I'M NOT FOR. I'M COUNTRY, SO I'M NOT WELL.
20 MINUTES. I'M JUST GOING TO SAY I GREATLY APPRECIATE YOUR PRESENCE.
BECAUSE ONE, I WON'T GET INTO IT RIGHT NOW, BUT WE NEED MORE SCHOOLS OUT HERE, AND I'D LOVE TO TALK TO YOU OFFLINE ABOUT WHAT YOU GOT IN THE WORKS, BUT MOREOVER, THAT MOREOVER, WE NEED A REPRESENTATIVE.
SO JUST THIS THIS INFORMATION YOU JUST SHARED IS REVOLUTIONARY TO ME.
I APPRECIATE THAT YOU'VE SHARED IT WITH US.
NOW, I WILL ASK YOU PERTAINING TO THIS ITEM BECAUSE YOU ARE HERE AND YOU'VE YOU'VE STEPPED UP.
IS THERE ANY CONCERNS THAT THE SCHOOL BOARD WOULD HAVE WITH THIS ADJUSTMENT? NO, I CURRENTLY DON'T HAVE ANY CONCERNS.
I DO SEE THAT IT WOULD INCREASE THE DENSITY SLIGHTLY, BUT FOR ESPECIALLY FOR A MULTI-FAMILY BUILDING OR YOU KNOW, UNITS CURRENTLY OUR OUR MULTI OUR STUDENT GENERATION MULTIPLIER RATES WHICH ARE HOW WE CONVERT THE NUMBER OF UNITS THAT ARE PROPOSED INTO THE NUMBER OF EXPECTED STUDENTS.
WE RECENTLY IN 2022 REDUCED OUR STUDENT GENERATION MULTIPLIER RATES FOR MULTIFAMILY HOUSING.
SO EVEN THOUGH THIS MAY INCREASE THE DENSITY ON A MULTIFAMILY UNIT, IT WILL NOT REALLY SUBSTANTIALLY INCREASE THE NUMBER OF STUDENTS THAT WE COULD EXPECT TO BE GENERATED WHEN WE REDID OUR OUR STUDENT GENERATION MULTIPLIER RATES, WHICH WE DO EVERY FIVE YEARS, WE DID THEM IN 2022. SO WE ARE CONSTANTLY KEEPING AN EYE ON WHAT TYPE OF HOUSING IS GENERATING STUDENTS.
OF COURSE, WE KNOW THAT SINGLE FAMILY HOUSING RIGHT NOW AND HAS ALWAYS IN THE PAST GENERATED MORE STUDENTS THAN A MULTIFAMILY APARTMENT UNIT. NOW, WITH THAT BEING SAID, TOWNHOUSES ARE STILL SINGLE FAMILY ATTACHED.
[02:55:04]
LIVED IN NEW MULTI-FAMILY HOUSING.NOW THAT COULD CHANGE AS THE ECONOMY CHANGES.
SO CURRENTLY I'M MONITORING THE MULTIFAMILY GENERATION RATES, AND I ONLY HAVE ONE COMMUNITY THAT I HAVE NOTICED IN MY CHECKING THROUGHOUT THE COUNTY THAT'S COUNTY WIDE, THAT IS GENERATING MORE STUDENTS THAN THE MULTI-FAMILY RATE, AND THAT IS IN SUNTREE BY THE OLD PETTY'S MEAT MARKET NEXT TO THE POST OFFICE.
FOR SOME REASON, THAT NEIGHBORHOOD HAS A LOT OF STUDENTS, BUT MOST AND I'VE CHECKED THE ONES AROUND 192 I ONES THAT ARE COMPLETE THAT I KNOW ARE COMPLETE, THAT ARE ALMOST 100% OCCUPANCY.
I'M CHECKING ROUTINELY AND CALCULATING THEIR STUDENT GENERATION MULTIPLIER RATES, AND ALL OF THEM ARE AT OUR STUDENT GENERATION MULTIPLIER RATE OR BELOW IT, EXCEPT FOR THAT ONE.
SO I DON'T EXPECT AN INFLUX OF STUDENTS FROM THIS ZONING CHANGE.
THANK YOU VERY MUCH FOR THAT ARTICULATE ANSWER.
THAT'S JUST ONE LITTLE FOLLOW UP QUESTION.
OKAY. I WORK FOR PLANNING AND PROJECT MANAGEMENT.
SO MY DEPARTMENT, OUR DEPARTMENT.
I'M NOT THE MANAGER. I'M THE MANAGER OF PLANNING.
AND THEN WE HAVE A I HAVE A DIRECTOR THAT'S OVER PLANNING AND PROJECT MANAGEMENT.
THE CONSTRUCTION PROJECT MANAGER.
SO EXISTING USES I OVERSEE PORTABLE USE.
WE JUST RECENTLY PUT TWO PORTABLES AT SUNRISE ELEMENTARY TO HANDLE THE CONSTRUCTION DOWN THERE, AND WE MOVED THREE TO WEST SIDE ELEMENTARY.
AND WE ARE CURRENTLY WORKING WITH THE CITY AND THE LOCAL DEVELOPERS TO LOOK AT OUR SCHOOL SITES THAT WE ALREADY OWN, AND FUTURE SCHOOL SITES IN THE SOUTH AREA AND THE WESTERN AREA WILL BE ON, YOU KNOW, DEFINITELY ON OUR RADAR.
SO YES, WE WORK WITH EXISTING FACILITIES AND BUILDING ADDITIONS AND NEW SCHOOLS.
WONDERFUL. THANK YOU SO MUCH FOR THAT.
THANK YOU. BOARD MEMBERS, ANY CLARIFICATIONS OR ANYTHING? NO, WE TOOK THAT INFORMATION.
THANK YOU VERY MUCH FOR JOINING US THIS EVENING.
THANK YOU FOR ALLOWING ME TO SPEAK.
YES, MA'AM. NOW WE KNOW THAT THE SCHOOL BOARD EXISTS.
YEAH. AIN'T THAT THE TRUTH? I HAVE A QUESTION FOR MR. JEFFERSON. YEAH. MR. MCLEOD, I NOTICED THE HEIGHT CHANGE IS THAT TO ACCOMMODATE APARTMENTS BECAUSE IT WENT FROM 25 TO 50FT, I THINK.
YES, THAT THAT IS TO ACCOMMODATE THE MULTIFAMILY.
SO GIVEN THAT OUR STAFF PRESENTATION AND OUR APPLICANT PRESENTATION ARE ONE.
THE ONLY THING WE'RE MISSING HERE IS OPENING FOR PUBLIC COMMENTS.
SO PLEASE, SIR, SHARE WITH US.
BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.
I PERSONALLY AM AGAINST THIS MODIFICATION CHANGE BECAUSE WHAT I THE WAY I SEE THIS, WHEN YOU GO FROM AN RM TEN TO AN RM 15, IT OVER CONDENSES THE POPULATION RIGHT FOR THE CURRENT INFRASTRUCTURE THAT WE HAVE.
OUR INFRASTRUCTURE IS SO SLOW, SO SLOW IN THE ACCOMMODATION FOR THE GROWTH THAT WE ARE SEEING.
WE CAN GET MORE HOMES ON FOR THAT SAME AREA, RIGHT? HIGHER HEIGHT ALLOWS MORE HOMES IN THE SAME FOOTPRINT.
RIGHT. AND THERE'S A LESS BUFFER BESIDES FROM THE FROM THE STANDOFF.
SO YOU CAN GET MORE, MORE DEVELOPMENT IN A SMALLER FOOTPRINT.
ALL OF THOSE THINGS GENERATE MORE POPULATION, WHICH MEANS MORE, MORE CARS, MORE NEED FOR WATER AND SEWER IN FOR THE SAME INFRASTRUCTURE THAT WE'RE HAVING A HARD TIME KEEPING UP WITH.
[03:00:04]
UTILIZING. SO WHY CHANGE EVERYTHING TO THE MAXIMUM WITHOUT CHANGING THE CRITERIA FOR THE INFRASTRUCTURE TO COINCIDE WITH IT? THANK YOU. THANK YOU FOR YOUR COMMENT, SIR.ONE IS ON THE PROCESS OF THE PNC BOARD AND THE GROWTH DEPARTMENT.
IT WAS MENTIONED TONIGHT ABOUT CITIZEN PARTICIPATION PLANS.
AND AT THAT PARTICULAR HEARING, THERE WAS ONE CITIZEN THAT WAS HURT BY A ZOOM.
AND I WOULD LIKE TO JUST SEE A CHANGE IN THE NOTIFICATION PROCESS FOR CITIZENS, PARTICULARLY IN AREAS THAT ARE UNDERDEVELOPED OR DON'T HAVE MANY CITIZENS THERE, THAT INSTEAD OF THE 500 FOOT REQUIREMENT THAT THAT BE INCREASED TO 1000, MAYBE EVEN 1500 FEET TO ENCOURAGE MORE CITIZENS TO BE NOTIFIED AND TO PARTICIPATE.
MY SECOND COMMENT HAS TO DO WITH JUST I'M TRYING TO LOGICALLY FIGURE OUT THIS WHOLE PROCESS.
AND IT SEEMS THAT WHEN A BUSINESS COMES BEFORE THE BOARD TO REQUEST A PLANNING, A LAND USE AND ZONING I HEAR OVER AND OVER THAT FOR ACTUALLY A CAUTION TO THE P AND Z BOARD AND TO US IN THE AUDIENCE THAT THE FOCUS IS VERY NARROW AT THIS POINT IN THE PROCESS TO JUST APPROVE LAND DEVELOPMENT, THE COMPATIBILITY FOR THIS TYPE OF DECISION.
IT DOESN'T MAKE SENSE THAT WE CANNOT CONSIDER THEM AT THE BEGINNING.
THEY SEEM CONNECTED AND DIRECTLY RELATED.
SO I JUST WANTED TO POINT THAT OUT THAT I DON'T KNOW, I'M STRUGGLING WITH IT, AND I REALLY SEE THIS BOARD STRUGGLING WITH SOME OF THE ISSUES THAT ARE QUITE CLEAR WHAT THIS DEVELOPMENT IS GOING TO BRING LATER ON.
I WILL DEFER BACK TO STAFF FOR ANY FOLLOW UP TO THESE COMMENTS AND INQUIRIES.
NONE. WE HEAR YOU AND WE'LL LOOK INTO IT.
SO, BOARD MEMBERS FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS.
CASE BROUGHT BACK TO THE BOARD AFTER HEARING ALL THE EVIDENCE.
ARE THERE ANY FURTHER QUESTIONS OR EMOTION? MOTION TO APPROVE Z 24 00004.
WE HAVE A MOTION BY MRS. JORDAN, SECONDED BY MR. MCLEOD. TO RECOMMEND FOR APPROVAL.
SEEING NO FURTHER DISCUSSION, I'LL CALL THE QUESTION AND ASK ALL THOSE IN FAVOR.
AYE. OPPOSED? THAT MOTION PASSES UNANIMOUSLY.
THAT TRANSITION US TO BACK TO NEW BUSINESS.
AND THAT'S NEW BUSINESS. ITEM NUMBER SIX.
WE'RE GOING TO BRING UP CASE Z 20 007.
DEFER. THANK YOU, MISS JEFFERSON.
SO WE HAVE HERE THE CASE AGAIN, THE APPLICANT BEING THE CITY WHERE WE WOULD LIKE THE BOARD TO RECOMMEND APPROVAL TO THE COUNCIL TO REZONE FROM BMV BAYFRONT MIXED USE VILLAGE TO TO THE URBAN MIXED USE DISTRICT.
AND THIS COMPRISES OF ABOUT 29 ACRES.
THIS IS BEING DONE TO MAKE THE LAND DEVELOPMENT CODE CONSISTENT WITH THE COMPREHENSIVE PLAN.
AND AS YOU KNOW, WHEN WE ADOPTED THE NEW LAND DEVELOPMENT CODE RECENTLY, THIS PARTICULAR DISTRICT, BMV WAS ACTUALLY RENAMED IN OUR CODE TO NEW URBAN MIXED USE DISTRICT.
[03:05:05]
NOW, TO GO OVER SOME OF THOSE PROPOSED CHANGES, I'LL HIGHLIGHT THAT WE STILL ARE REQUIRING NON RESIDENTIAL USES TO HOLD TO ARCHITECTURAL STANDARDS THAT ARE IN OUR CODE.WE ARE CHANGING THE NOMENCLATURE OF SOME OF THE USES THAT ARE ENUMERATED IN THE OLD CODE. WE ARE NOW ALLOWING SOME OF THE CONDITIONAL USES SUCH AS EATING ESTABLISHMENTS, RESTAURANTS WITH OUTDOOR TABLES, THAT SORT OF THING THAT YOU WOULD EXPECT IN A MIXED USE DISTRICT.
THOSE THINGS WERE CONDITIONAL.
NOW THEY'RE PERMITTED OUTRIGHT, AND THE PROHIBITED USES AND STRUCTURES FOR THIS DISTRICT ARE ENUMERATED NOW IN THE PERMITTED USE TABLE.
AND ONE OF THE PRIMARY DIFFERENCES YOU MIGHT SEE IS THE SIDE CORNER SETBACK HAS BEEN ADJUSTED FROM 20FT TO 10FT.
BY AND LARGE, THERE'S NOT A WHOLE LOT OF CHANGES HERE.
STAFF IS RECOMMENDING APPROVAL AND I'M HERE TO TAKE QUESTIONS IF YOU HAVE ANY.
THANK YOU MA'AM. MEMBERS OF THE BOARD.
ARE THERE ANY QUESTIONS FOR STAFF? NOPE. SEEING NONE.
FLOOR IS OPEN TO PUBLIC COMMENTS.
ANYBODY IN THE AUDIENCE WISH TO SPEAK IN FAVOR OR IN OPPOSITION TO THIS REQUEST? SEEING NONE, CLOSE THE FLOOR TO PUBLIC COMMENTS.
THEY DIDN'T HAVE ANY QUESTIONS.
BUT JUST IN CASE WE DO BRING IT BACK, DO I HEAR FURTHER QUESTIONS OR EMOTION? WELL, I DO HAVE A COMMENT, MR. WARNER. I, I PRETTY MUCH JUST HAVE A PROBLEM WITH.
I, I REALIZED THAT WE'RE EXPANDING SOME OF THE THE USES.
THESE NEXT TWO ITEMS SUPPORT THE, THE CHANGE FROM THE BAYFRONT TO TO, TO ESPECIALLY WITH, TO URBAN MIXED USE.
SO I'M JUST, I JUST, I DON'T KNOW.
I HAD A PROBLEM WITH THAT. WHEN WAS FIRST WHEN IT WAS FIRST PRESENTED.
AND I STILL HAVE A PROBLEM WITH IT, SO.
I APPRECIATE YOU SHARING THAT.
MR.. WARNER. I WILL MAKE A STATEMENT.
I HAVE A FOLLOW UP QUESTION PERTAINING TO IT.
I HATE BEING SHOEHORNED INTO DOING ANYTHING.
I THINK THAT, YOU KNOW, THE SUNSHINE LAWS ARE VERY CLEAR.
WE CAN'T HOLD CEREMONIES FOR THINGS THAT HAVE ALREADY BEEN DECIDED.
BUT MY MY PERSONAL HUMBLE VIEW ON THIS IS I DON'T SEE THAT WE HAVE MUCH OF A CHOICE, GIVEN THAT THIS BAYFRONT IN AND OF ITSELF, THE BAYFRONT REDEVELOPMENT DISTRICT, DOESN'T EXIST ANY LONGER.
AND THIS THIS USE ITSELF ISN'T IN OUR OUR NEW CODE AND OUR NEW COMPREHENSIVE PLAN.
BUT I WOULD DEFER TO STAFF TO TO FURTHER UNDERSTAND THAT.
WHAT I CAN SAY TO THAT IS, IF YOU WERE TO RECOMMEND DENIAL OF THIS REQUEST, IT WOULD MOVE FORWARD FOR THE COUNCIL TO CONSIDER, AND IF THEY WOULD MOVE FORWARD WITH THE DENIAL, THEN WE'D HAVE TO GO BACK AND AMEND THE CODE ESSENTIALLY TO BE COMPATIBLE WITH THE CURRENT BAYFRONT NOMENCLATURE.
WELL, REMEMBER, THIS IS A MAP CHANGE.
ALL OF THESE OTHER PROVISIONS ARE ALREADY IN OUR CODE, SO IT JUST WOULD BE A NAME CHANGE ON THE MAP THAT THAT WOULD BE ESSENTIALLY WHAT YOU'RE DENYING THE THE NAME CHANGE OF THESE PROPERTIES THAT CURRENTLY HAVE A ZONING OF BMV.
WE WOULD MAKE AN AMENDMENT TO THE CODE JUST TO CHANGE THE NAME BACK.
EVERYTHING ELSE IS ALREADY DONE.
IT'S JUST THAT THE MAP HAS NOT BEEN CHANGED.
THANK YOU FOR THAT CLARIFICATION.
THAT NOTED, IS THERE ANY FURTHER QUESTIONS FOR STAFF? SO DO I HEAR A MOTION? MOTION TO APPROVE Z 24 00007.
[03:10:03]
IS THAT RIGHT? I THINK WE HAVE ONE, TWO.FOR ALL CLARIFICATION SAKE, MRS JORDAN MADE A MOTION.
IT WAS SECONDED BY MR. MACLEOD TO RECOMMEND FOR APPROVAL CASE Z2400007.
SEEING NO FURTHER DISCUSSION, I'LL CALL THE QUESTION AND ASK ALL THOSE IN FAVOR.
AYE. ANY OPPOSED? NAY. ALL RIGHT.
THAT BRINGS US TO OUR LAST CASE OF THE EVENING, NEW BUSINESS ITEM NUMBER SEVEN.
AND THAT IS CASE Z TWO FOR EXCUSE ME, DASH 00008.
AND I'LL DEFER TO MISS JEFFERSON.
MR. CHAIRMAN, SAME CIRCUMSTANCES FOR THIS CASE.
THIS IS AN ADMINISTRATIVE REQUEST FOR REZONING FROM BMU BAYFRONT MIXED USE TO CMU COMMUNITY MIXED USE, AND IT INVOLVES 117 ACRES COLLECTIVELY OF ALL PARCELS IN THE CITY.
WITH THE CURRENT ZONING OF THE CMU, STAFF SUBMITTED THE FACTORS OF ANALYZES WHICH WERE PROVIDED IN YOUR YOUR REPORT, AND WE ARE ASKING YOU TO MAKE A RECOMMENDATION FOR APPROVAL AS ESSENTIALLY THIS IS A NAME CHANGE.
AND YOU DID HAVE ALSO, AS PART OF THE STAFF REPORT, THE DIFFERENCES WHICH WERE ALREADY ADOPTED BY THE COUNCIL BETWEEN THE TWO DISTRICTS. THERE NOT BEING MANY, I'LL SAY THAT WE STILL REQUIRE THE ARCHITECTURAL STANDARDS.
AND THEN WE MADE SPECIFIC LOT SIZE REQUIREMENTS FOR THE DIFFERENT TYPES OF USES ALLOWED, AS OPPOSED TO JUST ACROSS THE BOARD SAYING ONE ACRE IS THE MINIMUM LOT SIZE FOR THIS DISTRICT.
WITH THAT, I'LL TAKE ANY QUESTIONS.
MEMBERS OF THE BOARD, HAVING HEARD THE STAFF REPORT.
ARE THERE ANY QUESTIONS FOR THE STAFF? SEEING NONE. FOR THE RECORD, THERE ARE NO LETTERS IN THE FILE PERTAINING TO THIS CASE.
I WILL KEEP IN WITH THE SAME COMMENT THAT WE ARE REMOVING THE IDENTIFYING MARKERS OF THE CITY BY TRYING TO UNIFORM IT INTO ONE ONE BIG CITY OF PALM BAY, EVEN THOUGH IT'S PART OF THE CITY OF PALM BAY.
BUT THE BAY FRONT HAS ALWAYS BEEN ITS OWN IDENTIFYING FINE MARKER, JUST LIKE MICO AND SOME OF THE OTHER SURROUNDING AREAS. NOTEWORTHY.
ANY OTHER FEEDBACK OR EMOTION? MOTION TO APPROVE Z 24 00008.
SO I HAVE A MOTION BY MRS. JORDAN IS SECONDED BY MR. MCLEOD. AND IT IS TO RECOMMEND FOR APPROVAL.
SEEING NO FURTHER DISCUSSION, I'LL CALL THE QUESTION AND ASK ALL THOSE IN FAVOR.
ANY OPPOSED? NAY. THAT MOTION PASSES 4 TO 1.
THAT BRINGS US TO CONCLUSION OF OUR AGENDA ITEMS. JUST LIKE TO THANK EVERYBODY FOR THEIR TIME THIS EVENING, AND I WILL CONSIDER THIS MEETING ADJOURNED.
ALL RIGHT.
* This transcript was compiled from uncorrected Closed Captioning.