Mar 05, 2025 Planning and Zoning Board

YES, SIR. ALL RIGHT. GOOD EVENING EVERYONE. WE'RE GOING TO GO AHEAD AND GET STARTED WITH OUR PLANNING AND ZONING MEETING.

[CALL TO ORDER:]

[00:00:07]

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

MISS CHANDRA, WE CAN GET A ROLL CALL, PLEASE.

YES. MR. FILIBERTO HERE. MR. KARAFFA HERE. MR. MCNALLY. HERE. MR. WARNER. PRESENT. OUR SCHOOL BOARD APPOINTEE POSITION IS STILL VACANT.

AND CHIEF DEPUTY CITY ATTORNEY MICHAEL RODRIGUEZ IS PRESENT.

WE DO HAVE A QUORUM. THANK YOU. ALL RIGHT. DO I HAVE A MOTION FOR ADOPTION OF THE MINUTES OF LAST OF LAST MONTH'S MEETING.

[ADOPTION OF MINUTES:]

ALL IN FAVOR? AYE. AYE. ALL RIGHT. WE HAVE QUITE A BIT OF

[ELECTION:]

AND THEN AFTER THAT, WE'LL BE HAVING TO DO AN ELECTION FOR MEMBER APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD.

SO I WOULD LIKE TO MAKE A MOTION TO FOR MR. KARAFFA TO BE OUR CHAIR FOR THE PLANNING AND ZONING BOARD. SECOND. THANK YOU. ALL IN FAVOR? AYE. AYE.

AYE.

ALL RIGHT. THANK YOU VERY MUCH. IS THIS THING ON? THANK YOU VERY MUCH, RAINIER.

ALL RIGHT. WE'RE GOING TO MOVE FORWARD. NOW WE WILL OPEN UP THE.

WE'LL OPEN IT UP FOR THE ELECTION OF A VICE CHAIR.

I WOULD LIKE TO NOMINATE MR. WARNER AS VICE CHAIR.

DO I HAVE A SECOND? IS THERE SOME SORT OF MAYBE NEW TO THIS, BUT IS THERE SOME SORT OF DISCUSSION OR UNDERSTANDING OF HIS BACKGROUND JUST FOR ME? MR. WARNER, WOULD YOU LIKE TO TELL US A LITTLE ABOUT YOURSELF? SURE.

I'VE I'VE BEEN ON THIS BOARD FOR MAYBE ABOUT 12 YEARS NOW.

I'VE ALL FOLKS ALSO HAVE SAID ON THE COMMUNITY DEVELOPMENT ADVISORY BOARD, I'VE SERVED ON THE BCRA, THE AND SO I HAVE SERVED THE CITY OF PALM BAY FOR WELL OVER CLOSE TO 20 YEARS NOW.

AND I'VE OWNED AND AND HAD A QUITE A FEW BUSINESSES.

AND I BELIEVE IN SERVICE AND I BELIEVE IN DOING WHAT I CAN FOR THE CITY OF PALM BAY.

I APPRECIATE THAT. YES, SIR. YEAH. I'LL GO AHEAD AND SECOND.

THANK YOU VERY MUCH. ALL THOSE IN FAVOR? AYE.

AYE. ALL RIGHT. ALL RIGHT. THANK YOU VERY MUCH.

THAT CONCLUDES THE FIRST PART OF OUR ELECTIONS.

THE SECOND ONE IS THE APPOINTMENT OF A MEMBER TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD.

MR. CHAIR, IF I MAY, I JUST ASK IF IT WOULD BE APPROPRIATE, BEING THAT WE'VE JUST LOST RECENTLY, LOST A MEMBER THAT WAS ON THE COMMUNITY DEVELOPMENT ADVISORY BOARD.

I WAS WONDERING IF IT WAS POSSIBLE THEN FOR BEING THAT WE HAVE NEW MEMBERS TO THIS BOARD, IF IT WOULD BE POSSIBLE FOR US TO TABLE THE APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD TO MAYBE MID APRIL OR MID, MID MAY. THAT BECAUSE THAT WILL GIVE THEM OR ACTUALLY ALL OF THE BOARD MEMBERS AN OPPORTUNITY TO GO SIT IN AND MAYBE ONE OF THEIR MEETINGS OF ONE OF THEIR WEDNESDAY MEETINGS. AND AND WHO KNOWS, MAYBE BY THEN WE MIGHT HAVE A COUPLE OF OF THE AT LARGE SEATS THAT MAY BE THAT THAT MAY BE FILLED.

[00:05:04]

IF THAT VACANCY CAUSES AN ISSUE, THAT IT MAY AFFECT THEIR ABILITY TO OBTAIN A QUORUM, THAT WOULD BE THE ONLY THING THAT MIGHT RAISE AN ISSUE.

THAT'S ALL. THAT'S THE ONLY CONCERN I WOULD HAVE.

BUT CHANDRA CLARK SEES AN ISSUE. CLARK CHANDRA IS THE REASON.

CAN WE POSTPONE? WE CAN POSTPONE. IT SHOULD NOT AFFECT THEIR QUORUM.

I'M GOING TO I'M GOING TO SAY I'M GOING TO SAY THIS.

AND KIND OF MY REASONING BEING IS THAT EVERY COUNCILMAN HAS HAD AN OPPORTUNITY TO APPOINT SOMEBODY IN DUE DO TIME, WHICH WE'RE ALL HERE NOW. A LACK OF PREPARATION ON THE COUNCILMAN'S PART DOES NOT CONSTITUTE AN EMERGENCY ON MINE, SO I WILL I WILL SAY IT, AND I BELIEVE THAT WE SHOULD APPOINT A MEMBER TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD.

BUT AGAIN, IT'S THE BOARD'S DECISION. BUT I JUST WANT TO EXPRESS MY OPINION.

OKAY. MY PERSONAL THOUGHT IS THE TABLE AS WELL.

THERE'S A FEW VACANCIES. AND UNDERSTANDING WHAT MR. FILIBERTO SAID. SO WE SHOULD GIVE AN OPPORTUNITY FOR THOSE TO BE FILLED SO THAT THERE IS A MORE HOLISTIC VIEW ON A CONSENSUS ON WHO CAN SIT ON THAT BOARD.

I PERSONALLY WOULD LOVE TO ATTEND ONE OF THOSE MEETINGS AND HAVE A BETTER UNDERSTANDING.

MAYBE TO FURTHER THE CONVERSATION OF A BETTER UNDERSTANDING IS TO MAYBE ADVISE THIS BOARD.

CHANDRA, WHAT EXACTLY DOES THAT THAT BOARD TAKE CARE OF? I BELIEVE THEY LOOK AT PROGRAMS THAT ASSIST THE CITY AND OTHER CITIES, SUCH AS FOR FEEDING THE HUNGRY READING PROGRAMS. THOSE TYPE OF PROGRAMS, THEY REVIEW THOSE TYPE OF APPLICATIONS TO SEE WHO QUALIFIES FOR THOSE TYPE OF PROGRAMS. AND IF I MAY, I'M SORRY. IF I COULD FURTHER ELABORATE, THIS IS THE THROUGH OUR HOUSING PROGRAMS IS UNDER THIS UMBRELLA OF THIS BOARD. SO OUR HOUSING PROGRAMS, EXCUSE ME PROGRAMS WHERE WE GET FUNDING FROM HUD.

WE HAVE A LOT OF GRANTS. WE HAVE A LOT OF ENTITLEMENT FUNDING THAT COMES THROUGH HUD, AND WE HELP A LOT OF INDIVIDUALS WITH THEIR HOUSING NEEDS.

SO THIS BOARD DOES A LOT OF THE DECISIONS REGARDING THE ANNUAL PROPOSALS THAT GO TO HUD AND HOW WE'RE GOING TO SPEND THE DOLLARS THAT WE GET. AND SO IT'S A PRETTY CRITICAL TYPE OF BOARD, AND THEY DO A GREAT DEAL OF WORK.

SO IT'S THE PLEASURE OF YOU ALL IF YOU'D LIKE TO TABLE IT TILL NEXT MONTH.

I WOULD RECOMMEND THAT YOU TABLE IT TO A TIME CERTAIN THOUGH, MR. CHAIR. THANK YOU. IF IF WE DECIDE TO TABLE IT TONIGHT TO NEXT MONTH, WILL THERE BE A BACKLOG ON STAFF FOR THOSE GRANTS? I'M NOT SURE ABOUT THAT, SIR. THAT'S A REALLY GOOD QUESTION, BUT I DO NOT HAVE THAT ANSWER.

I DO BELIEVE, AS CHANDRA STATED, THAT, THAT THEY HAVE A QUORUM ON THE BOARD SO THEY CAN CONTINUE TO MOVE FORWARD.

BUT THEY REALLY LIKE A PERSON FROM THE PLANNING AND ZONING TO BE A PART OF THAT DECISION, OBVIOUSLY.

THANK YOU. THANK YOU. MR. WARNER, WAS YOUR REQUEST IN THE FORM OF A MOTION? IT CAN'T BE. SO I I'M SORRY. GO AHEAD. SO I WOULD LIKE TO MAKE A MOTION TO TABLE IT TILL OUR MAY, APRIL. APRIL. APRIL. WHAT'S THE DATE? WHAT'S THE.

WHAT'S THAT? WEDNESDAY NIGHT. IT'S THE SECOND.

IT'S SECOND. APRIL. APRIL 2ND. ALL RIGHT, SO WE SHALL TABLE IT TO OUR APRIL 2ND MEETING.

THAT AGAIN. THAT GIVES US THE MEMBERS AN OPPORTUNITY FOR THE COMMUNITY DEVELOPMENT ADVISORY BOARD TO MEET THE THIRD WEDNESDAY OF THIS MONTH. IT GIVES US AN OPPORTUNITY TO SIT IN ON THAT MEETING, AND THEN WE SHALL TABLE IT TO THE 2ND OF APRIL.

IS THERE A SECOND? SECOND. ANY FURTHER DISCUSSION? OKAY. ALL OF THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED? NO. ALL RIGHT. MOTION PASSES. WE'VE ALREADY DONE OUR ADOPTION OF MINUTES.

WE'LL MOVE ON TO OLD BUSINESS. BUT BEFOREHAND, IT'S IMPORTANT FOR THE PUBLIC TO KNOW FOR THE BENEFIT OF THE APPLICANTS AND THE

[OLD/UNFINISHED BUSINESS:]

THERE IS A PROCEDURE TO OUR MEETING. THE LAND DEVELOPMENT STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE.

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

THE APPLICANT OR THEIR REPRESENTATIVE WILL THEN BE ASKED TO APPROACH THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE,

[00:10:06]

WE WILL FIRST HEAR FROM THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION, THEN THOSE IN OPPOSITION TO THE APPLICATION FOR ALL PROCEEDINGS.

ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN A SPEAKER OATH CARD LOCATED AT THE SIDE OF THE ROOM AND AT THE PODIUM.

PLEASE PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME, ADDRESS AND COMMENTS FOR THE RECORD.

AS A COURTESY, I ASK THAT IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS, YOU INFORMALLY APPOINT A SPOKESPERSON TO CLARIFY YOUR VIEWS.

AFTER PUBLIC COMMENTS, I WILL BRING THE CASE BACK TO THE BOARD.

AT THIS TIME, THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS WILL BE HEARD FROM THE AUDIENCE.

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

I WILL THEN CALL FOR A VOTE. DECISIONS OF THE PLANNING AND ZONING BOARD ARE THEN FORWARDED TO THE CITY COUNCIL FOR FINAL DISPOSITION.

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

MR. CHAIRMAN, BEFORE WE PROCEED, AS IF AS IN EVERY MEETING, FOUR OF THE FIVE MATTERS THAT WILL BE PRESENTED BEFORE YOU TONIGHT ARE QUASI JUDICIAL IN NATURE, AND THEREFORE, I NEED TO ADVISE IF ANY OF YOU HAVE HAD, I'M SORRY, EX PARTE COMMUNICATIONS WITH ANY OF THE APPLICANTS OR ANY OTHER MEMBERS OF THE PUBLIC, IN REGARDS TO THE SUBJECT MATTER OF ANY OF THE APPLICATIONS AND MATTERS TO BE PRESENTED BEFORE YOU TODAY, PLEASE DISCLOSE THE NATURE OF THOSE COMMUNICATIONS AND WHETHER YOU PLEASE DISCLOSE WHETHER YOU'VE HAD SUCH COMMUNICATIONS AND THE NATURE OF THOSE COMMUNICATIONS.

BY YOUR SILENCE, I WILL ASSUME THAT YOU'VE HAD NONE, AND WE MAY PROCEED.

THANK YOU, SIR. MR. CHAIR, MAY I TAKE A MOMENT, PLEASE? YES. I WANTED TO PERSONALLY WELCOME OUR TWO NEW MEMBERS.

I AM LISA FRAZIER. I'M THE DIRECTOR FOR GROWTH MANAGEMENT.

BY MY SIDE IS MICHAEL RODRIGUEZ. HE IS THE ONE OF OUR CITY ATTORNEYS FROM THE CITY ATTORNEY'S OFFICE.

AND I ALWAYS GET YOUR. I'M THE CHIEF DEPUTY CITY ATTORNEY.

SO THERE YOU GO. THERE'S TOO MANY WORDS FOR ME. I APOLOGIZE, BUT LET ME THE PLEASURE OF INTRODUCING SOME OF MY STAFF.

ALETHIA JEFFERSON IS OUR ASSISTANT DIRECTOR. KATE.

GOOD GOD. KIM HAGLER IS OUR SENIOR PLANNER. AND BACK IN THE BACK IS TANYA RAMOS.

SHE IS OUR PRINCIPAL PLANNER. AND GENERALLY HOW WE MOVE THROUGH THIS IS THAT STAFF WILL GIVE A PRESENTATION AND THEN THE APPLICANT SO THAT YOU ALL HAVE SOME GOOD KNOWLEDGE OF WHAT'S HAPPENING.

AND OF COURSE, THEN THE PUBLIC WILL HAVE A CHANCE TO SPEAK.

I'M ONLY SAYING THESE THINGS BECAUSE NEXT MEETING, WHEN POTENTIALLY WE HAVE A FEW MORE MEMBERS.

MICHAEL AND I WILL THEN GIVE OUR ANNUAL PRESENTATION AS TO WHAT GROWTH MANAGEMENT ENTAILS.

MICHAEL WILL TALK ABOUT THE SUNSHINE LAW, AND WE'LL JUST GO THROUGH SOME OF THE PROCEDURAL STEPS FOR THESE MEETINGS.

AS A WAY OF INTRODUCTION, WE WANTED TO WAIT UNTIL WE HAD A FEW MORE MEMBERS INSTALLED.

SO THANK YOU FOR YOUR PATIENCE AND WELCOME. THANK YOU.

AND JUST TO ADD TO IT, IF EITHER OF YOU GET IN TOUCH WITH WITH LISA AND JUST ASK FOR SOME OF HER TIME, SHE'LL BE GLAD TO SIT WITH YOU AND KIND OF TALK YOU THROUGH HOW THE AGENDA IS LINED UP AND HOW YOUR PACKETS ARE PUT TOGETHER. IF THERE'S ANY QUESTIONS THAT YOU GUYS HAVE.

AND THERE'S ALSO THE ABILITY TO HAVE OTHER QUESTIONS THAT YOU MAY HAVE ABOUT WHAT'S IN YOUR PACKET ANSWERED BEFORE YOU COME TO THE MEETING? YEAH. MR. CHAIR, IF I CAN JUST JUST ADD TO THAT I WAS GOING TO WAIT TILL THE END OF THE MEETING JUST TO KIND OF LIKE, MAYBE BRING SOME OF THIS UP. BUT I'M ALSO LOOKING AT HOPEFULLY THAT WE'LL BE ABLE TO DO SOME WORKSHOPS AND TO, TO ACTUALLY KIND OF GO OVER THE, THE VISION PLAN FOR PALM BAY AND TO LOOK AT THE KIND OF REVISIT SOME OF THE LAND DEVELOPMENT CODES AND, AND JUST KIND OF ANSWER SOME OF THE QUESTIONS THAT I KNOW.

THE, THAT WE, THAT WE WANT TO ASK FROM THE ATTORNEY ON, ON, ON HOW TO CONDUCT AND WHAT AND THE WAYS THAT WE NEED TO BE CONDUCT, CONDUCT SOME OF THESE MEETINGS. MAYBE THAT COULD BE A PART OF OUR CONVERSATION.

YES. THAT'S WHY I BROUGHT IT UP NOW. YEAH. SO WE CAN SO THEY CAN KIND OF THINK ON THAT.

YEAH. SO I THINK THAT'LL ACTUALLY HELP. YOU KNOW, ALL THE BOARD MEMBERS.

ALL RIGHT. I'M GOING TO GO AHEAD AND BRING FORWARD THIS IS ACTUALLY A TABLED CASE FROM OUR PREVIOUS MEETING.

SEE YOU 20 5-00002 BREVARD NURSING ACADEMY. AND WE'LL HEAR FROM STAFF.

OKAY. GOOD EVENING. I'M TANYA RAMOS, PRINCIPAL PLANNER, AND THIS IS THE BREVARD NURSING ACADEMY

[00:15:04]

THE APPLICANT IS THE PROPERTY OWNER, LLC, AND THEY'LL BE REPRESENTED THIS EVENING BY KELLY DELMONICO.

THE LOCATION IS 1470 TREE LIMB BOULEVARD SOUTHEAST, AND THE REQUEST IS FOR A CONDITIONAL USE TO ALLOW AN EDUCATIONAL INSTITUTION IN THE LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT.

THE SITE IS APPROXIMATELY 3.7 ACRES, HAS A FUTURE LAND USE OF INDUSTRIAL AND THE CURRENT ZONING IS LIGHT INDUSTRIAL AND WAREHOUSING.

THE EXISTING USE IT'S I BELIEVE IT'S COMPLETELY VACANT COMMERCIAL BUILDING.

IT WAS ORIGINALLY DEVELOPED IN 1994 AS THE BREVARD LAB SITE FOR THE FLORIDA EDUCATION AND RESEARCH FOUNDATION.

CASE C, 25 00002 HELD A CITIZEN PARTICIPATION MEETING ON JANUARY 16TH.

PURSUANT TO OUR CODE AND ALL PUBLIC NOTICES HAVE BEEN SENT OUT AS REQUIRED.

WHY IS THE BOARD REVIEW NECESSARY? SO THE CODE REQUIRES THAT ALL APPLICATIONS FOR CONDITIONAL USE SHALL BE SUBMITTED TO THE PLANNING AND ZONING BOARD FOR STUDY AND WRITTEN ADVISORY RECOMMENDATIONS TO CITY COUNCIL.

SO YOU'LL BE MAKING A RECOMMENDATION TO CITY COUNCIL THIS EVENING.

THE APPLICATION REVIEW CRITERIA INCLUDE OUR LAND DEVELOPMENT CODE IN PARTICULAR.

TABLE 170 3-3 ESTABLISH ESTABLISHES EDUCATIONAL INSTITUTIONS AS A CONDITIONAL USE IN THE LIGHT INDUSTRIAL ZONING AND ALSO SEVERAL ELEMENTS FROM OUR COMPREHENSIVE PLAN.

AND AS PART OF THIS SUBMITTAL, THE APPLICANT INCLUDED THEIR APPLICATION, A BOUNDARY SURVEY, AND SOME SUPPORTING DOCUMENTATION. SO THE NEXT SLIDE IS THEIR SURVEY WHICH SHOWS THE CURRENT LAYOUT OF THE PROPERTY. AND IN ANALYSIS, THE SITE MEETS ALL THE REVIEW CRITERIA OUTLINED IN SECTION 170 2.0 0.0 24F TO BE GRANTED A CONDITIONAL USE FOR AN EDUCATIONAL INSTITUTION.

THE COMPREHENSIVE PLAN TABLE FLU ONE INCLUDES INSTITUTIONAL ACTIVITIES SUCH AS EDUCATIONAL INSTITUTIONS AS A TYPICAL USE IN THE LIGHT INDUSTRIAL. I'M SORRY, IN THE INDUSTRIAL FUTURE LAND USE CATEGORY.

AN APPROVAL OF THIS APPLICATION ALSO SUPPORTS OBJECTIVE.

OBJECTIVE FLEW DASH 1.1 BY SUPPORTING THE GROWTH AND DEVELOPMENT OF SMALL BUSINESSES WHICH ARE ALREADY LOCATED WITHIN THE COMMUNITY.

SO RIGHT NOW, BREVARD NURSING ACADEMY HAS BEEN OPERATING AT 1581 ROBERT CONLON BOULEVARD, WHICH IS ALSO A LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT. AND AT THE TIME THAT THEY MOVED INTO THAT LOCATION EDUCATIONAL INSTITUTIONS IN OUR CODE WERE BROKEN UP.

SO A VOCATIONAL AND A TRADE SCHOOL WAS A PERMITTED USE.

SO THEY DID NOT HAVE TO COME BEFORE THIS BOARD FOR CONDITIONAL USE AT THAT TIME, AND IF THEY WERE TO STAY AT THAT LOCATION, THEY COULD CONTINUE OPERATING THERE. BUT THEY ARE LOOKING TO MOVE AND HOPEFULLY EXPAND IN THE FUTURE, AND THAT IS WHAT HAS TRIGGERED THE REQUIREMENT NOW FOR THEM TO COME BEFORE YOU FOR A CONDITIONAL USE REVIEW.

AND WITH THAT, STAFF'S RECOMMENDATION IS TO APPROVE.

AND THE REQUESTED ACTION FROM THIS BOARD IS TO RECOMMEND TO CITY COUNCIL WHETHER TO APPROVE, APPROVE WITH CONDITIONS OR DENY THE APPLICANT'S REQUEST.

AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. AND THEN KELLY DELMONICO IS HERE TO REPRESENT THE APPLICANT.

ARE THERE ANY QUESTIONS FOR STAFF? ARE THERE ANY QUESTIONS FOR STAFF? HEARING NONE. THANK YOU. WE'LL NOW HEAR FROM THE APPLICANT'S REPRESENTATIVE, MISS DELMONICO.

HI. GOOD EVENING. MY NAME IS KELLY DELMONICO.

I'M A PLANNING CONSULTANT REPRESENTING BREVARD NURSING ACADEMY.

THEY WERE ESTABLISHED, AS TANYA SAID, IN PALM BAY OFF OF R.J.

CONLON IN 2017, 2018 AS REALLY A TRADE SCHOOL FOR NURSES.

SO THEY COVERED LPN, CNA AND HOME HEALTH AIDES.

AND AT THE TIME WHEN IT WAS CREATED, THEY HAD ABOUT 30 STUDENTS, IF THEY WERE LUCKY.

HOWEVER, THEY WERE PURCHASED IN 2024 BY MY CURRENT CLIENT WHO HAS INCREASED THE CAPACITY OF THAT SCHOOL TO 80 STUDENTS.

[00:20:03]

SO THEY'D BE LOOKING AT CHANGING THEIR NAME TO COASTAL TECHNICAL INSTITUTE.

SO THEY'VE APPLIED TO THE STATE FOR THAT BECAUSE THAT'S MORE THAN JUST NURSING AT THIS POINT.

SO THAT LOCATION WILL TAKE THEM FROM ABOUT 80 STUDENTS WITH 12 EMPLOYEES IN 6000FT² TO UP TO 35,000FT², UP TO 400 STUDENTS AND UP TO 50 EMPLOYEES.

AND AGAIN, NOT ALL THE STUDENTS THAT ARE THERE AT ALL THE TIMES, BUT THEY HAVE DAY AND NIGHT PROGRAMS, DIFFERENT DAYS OF THE WEEK TO ACCOMMODATE THEIR STUDENTS.

SO THE TRADES RIGHT NOW, AS YOU PROBABLY ALL KNOW, ARE DESPERATE FOR QUALIFIED EMPLOYEES AND THIS SCHOOL WILL BENEFIT THE ENTIRE COMMUNITY.

AND WITH THAT, I'M HAPPY TO ANSWER ANY OF YOUR QUESTIONS.

ARE THERE ANY QUESTIONS FROM THE BOARD? I WAS JUST CURIOUS, WHAT IS THE LENGTH OF SOME OF THE VARIOUS PROGRAMS. I BELIEVE THEY RANGE. SO FOR THE CURRENT NURSING PROGRAMS, THERE'S, YOU KNOW, FOR THE CNA THAT'S AS SHORT AS AN EIGHT WEEK PROGRAM.

AND THEN THE LPN PROGRAMS, I THINK, TAKE PLACE OVER A FEW MONTHS, BUT THESE OTHER ONES THAT WILL BE COMING THROUGH COULD BE A LITTLE BIT LONGER.

BUT YOU'RE TALKING IN THE RANGE OF LIKE A QUARTER.

YEAH. AND THEY WOULD BE, YOU KNOW, FROM THE NURSING PERSPECTIVE, THEY WOULD BE ABLE TO TRANSITION STRAIGHT INTO A HOSPITAL SETTING AFTER THAT OR SOME OTHER. OR IS THERE ADDITIONAL TRAINING HOSPITALS.

THERE'S ASSISTED LIVING FACILITIES. THERE'S HOME CARE.

AND THEN THERE'S THE AT HOME ASSISTED LIVING FACILITIES WHERE THEY HAVE LIKE 6 TO 14 RESIDENTS.

OKAY. SO THEY ARE, YOU KNOW, IN DESPERATE NEED OF ADDITIONAL TEACHERS AND INSTRUCTORS TO TEACH THE MASSIVE NUMBER OF STUDENTS THAT NEED THOSE TRAININGS. AND THEY'RE ALSO WORKING ON A NATIONAL ACCREDITATION FOR THE NEW LOCATION, WHICH MEANS THEY CAN DO THINGS LIKE ACCESS STUDENT LOANS AND PELL GRANTS. SO THAT WILL BRING IN OTHER FUNDING SOURCES TO BE NATIONALLY ACCREDITED.

AND AS SOME OF THE OTHER ADDITIONAL TRAITS THAT YOU'RE BRINGING IN, ARE THOSE JUST MERGING FROM OTHER SCHOOLS THAT ARE ALREADY INDEPENDENT, OR IS YOU BRINGING ON NEW TECHNICAL TRAINERS FOR THOSE, OR THERE'S NOT ENOUGH TECHNICAL TRAINERS FOR THAT RIGHT NOW IN THIS AREA? SO THAT'S A DESPERATE NEED AS WELL. OKAY. AND I THINK THAT'S WHERE THEY'LL SEE A WHOLE BUNCH OF GROWTH.

I APPRECIATE IT. OF COURSE. I DO HAVE A QUESTION.

IT'S AN EXISTING BUILDING. WILL THERE BE ANY MODIFICATIONS TO THE BUILDING OR PROPERTY THAT IS PART OF THIS REQUEST? DEFINITELY A NEW AIR CONDITIONING SYSTEM. I WAS TALKING TO THE.

SO HE HAS IT UNDER CONTRACT TO PURCHASE. AND YOU KNOW, CONTINGENT UPON THIS GETTING APPROVAL AND NEEDS A BRAND NEW AIR CONDITIONER.

BUT IT'S THE KIND WHERE THE WATER I DON'T KNOW, I DON'T KNOW ANYTHING ABOUT AIR CONDITIONERS, BUT IT'S VERY EXPENSIVE. I WAS WONDERING IF IT WAS GOING TO BE SOMETHING OBSCENE.

YEAH IT IS. IT WAS SOME OBSCENE NUMBER. HOWEVER, THEY'LL JUST BE FIXING IT UP INSIDE, MOVING, PROBABLY MOVING SOME WALLS AND MAKING IT WORK FOR CLASSROOM AND OFFICE SETTINGS ON THE INTERIOR.

CORRECT. OKAY. MR. CHAIR, I DO HAVE ONE QUESTION.

YEAH. LOOKING AT THE SITE ARE THERE ANY REQUIREMENTS AS OF NOW FOR ANY KIND OF A BARRIER OR, OR FENCING OF ANY TYPE TO BE PUT THERE FOR THE, FOR SAFETY OR ANYTHING? NOTHING. NOPE. NOPE. AND THESE THESE WILL ALL BE ADULTS BEING EDUCATED, AND THEY ALL HAVE THEIR OWN CARS AND THEY DRIVE TO THE SITE.

SO PARKING SPACES WAS IMPORTANT TO IT HAS 110 PARKING SPACES TO TO MEET THEIR NEEDS.

OKAY. GREAT. ALL RIGHT. THANK YOU VERY MUCH. THANK YOU.

WITH THAT, WE'LL OPEN THIS AGENDA ITEM TO THE PUBLIC.

ARE IS THERE ANY MEMBER OF THE AUDIENCE THAT WOULD LIKE TO SPEAK IN FAVOR OF THIS APPLICATION? PLEASE APPROACH THE PODIUM. SEEING NONE. ANYBODY WHO IS AGAINST THIS APPLICATION, PLEASE APPROACH THE PODIUM.

SEEING NONE, I'LL CLOSE THE PUBLIC COMMENT. MOVE IT BACK TO THE BOARD.

MR. CHAIR. YES. I'LL MAKE A MOTION TO APPROVE.

Q 25 0002. I SEE NO NO PROBLEMS WITH TRAFFIC, NO PROBLEMS WITH PUBLIC SAFETY.

NO PROBLEMS WITH UTILITIES. AND SCHOOLS ARE NOT APPLICABLE HERE BECAUSE IT IS A SCHOOL.

SO I'LL MAKE A MOTION TO APPROVE. DO I HEAR A SECOND? YES, SECOND. IS THERE ANY DISCUSSION? HEARING? NONE. ALL RIGHT. ALL OF THOSE IN FAVOR, SAY AYE.

AYE. AYE. AYE. ALL OPPOSED? MOTION CARRIES. BEING A NURSE MYSELF, I'M GLAD THAT WE'RE GOING TO GET ANOTHER NURSING SCHOOL.

[00:25:02]

[NEW BUSINESS:]

I'M ALTHEA JEFFERSON, A MEMBER OF STAFF, AND I'LL BE PRESENTING CASE V 20 407 TO YOU TONIGHT, WHICH IS RELATED TO A SINGLE FAMILY RESIDENCE ON 3202 JACKSON AVENUE NORTHEAST.

THE APPLICANT IS REQUESTING A VARIANCE FROM THE REQUIRED FIVE FOOT BUILDING SEPARATION DISTANCE BETWEEN A PRIMARY AND ACCESSORY STRUCTURE, IN THIS CASE THEIR RESIDENTIAL HOME AND A PROPOSED CARPORT, AND TO ENCROACH 22FT INTO THE REQUIRED 25 FOOT SIDE CORNER SETBACK.

THE SITE IS 0.25 ACRES. IT IS IN LOW DENSITY RESIDENTIAL FUTURE LAND USE, CURRENTLY BEING USED AS A SINGLE FAMILY HOME IN OUR ESSER TWO ZONING. THERE WAS NO CITIZENS PARTICIPATION.

NEXT SLIDE. NOW CITIZENS PARTICIPATION MEETING REQUIRED FOR THIS TYPE OF APPLICATION.

HOWEVER, STAFF WANTS TO DULY NOTE THAT ALL ADVERTISEMENTS MAILED AND POSTED NOTICES ON THE PROPERTY WERE COMPLETED AS REQUIRED BY OUR ORDINANCE. BOARDS REVIEW IS AN ACTION IS NECESSARY TONIGHT BECAUSE SECTION 172 025 REQUIRES THE PLANNING AND ZONING BOARD TO HOLD A PUBLIC HEARING TO GRANT, DENY OR GRANT WITH CONDITIONS ANY VARIANCE REQUEST.

THE APPLICATION REVIEW CRITERIA FOR A VARIANCE LOOKS AT SEVERAL QUESTIONS, WHICH ARE ENUMERATED IN 172 025D, AND IN SHORT, THEY WOULD BE APPROVAL. ARE THERE ANY SPECIAL CIRCUMSTANCES? IS THERE A LITERAL INTERPRETATION OF OUR LAND DEVELOPMENT CODE THAT IS PREVENTING THE OWNER TO DO WHAT THEY'D LIKE.

AND ARE THEY ASKING FOR THE MINIMUM NECESSARY IN ORDER TO USE THEIR PROPERTY FOR ITS INTENDED USE? ARE WE GRANTING ANY SPECIAL PRIVILEGES? IS THE REQUEST IN HARMONY WITH THE LAND DEVELOPMENT CODE'S INTENT? IS IT A DETRIMENT TO THE PUBLIC WELFARE, SAFETY AND SOUND SURROUNDING PROPERTIES? THE APPLICANT DID SUBMIT, OF COURSE, HIS APPLICATION OF BOUNDARY SURVEY, HIS PROPOSED SITE PLAN AND HIS RESPONSE TO THE REVIEW CRITERIA FOR A VARIANCE WHICH IS INCLUDED IN YOUR PACKET.

IN LOOKING AT THE SITE CURRENTLY ON THE LEFT IS THE CURRENT SITE PLAN AS IT EXISTS TODAY, SHOWING THE RED ARROWS FOR THE 25 FOOT SIDE SETBACK. ON THE CORNER TO THE RIGHT IS WHAT THE APPLICANT IS PROPOSING WOULD EXIST IN TERMS OF 2.72FT WOULD BE LEFT FOR THE SETBACK ON THE CORNER, AND RATHER THAN THE FIVE FOOT DISTANCE BETWEEN THE COVERED CARPORT AND THE RESIDENCE, THE PROPOSAL SUGGESTS 2.72FT.

STAFF LOOKED AT THE REVIEW CRITERIA THAT I PREVIOUSLY REVIEWED ON A PREVIOUS SLIDES, AND WE DETERMINED THAT THE REQUEST IS NOT HARMONIOUS WITH THE LAND DEVELOPMENT CODE'S INTENT FOR SETBACKS.

IN FACT, IN YOUR STAFF REPORT, YOU WOULD HAVE SEEN A TABLE SHOWING THAT OF THE FIVE FEET REQUIRED BETWEEN THE TWO STRUCTURES, THE APPLICANT IS PROPOSING A 50% REDUCTION WHEN IT COMES TO THE 25 FOOT REQUIRED SETBACK PURSUANT TO TABLE 170 4-1. THE APPLICANT IS PROPOSING A 91% REDUCTION AND FOR THE PLACEMENT OF ACCESSORY USES. THE CODE SAYS IN 172 025 THAT CARPORT SHOULD, AS AN EXAMPLE OF AN ACCESSORY USE, NOT BE ERECTED WITHIN THE REQUIRED SIDE YARD SETBACK.

SO THIS WOULD BE 100% RELIEF OF THAT PROVISION.

AND WITH REGARDS TO METAL STRUCTURES, TABLE 174 ONE STATES THAT METAL STRUCTURES SHALL NOT BE ERECTED WITHIN THE SIDE OR FRONT YARD.

SETBACKS. WITH THAT, STAFF IS RECOMMENDING DENIAL.

TODAY. AGAIN, WE ARE ASKING THE PLANNING AND ZONING BOARD TO MAKE A RECOMMENDATION TO THE CITY COUNCIL.

THIS ITEM IS SCHEDULED TO BE HEARD ON THE 20TH OF THIS MONTH.

AND THE NEXT STEP, OF COURSE, IS THAT HEARING BEFORE THE CITY COUNCIL.

[00:30:01]

IS IT? NO. OKAY. THANK YOU. AND THE DRAINAGE.

THE DRAINAGE IS THERE. IS THERE A DITCH THERE OR.

NO. TO MY KNOWLEDGE, NO. WELL, YOU'LL HAVE AN OPPORTUNITY TO SPEAK.

OKAY. ALL RIGHT. YEAH. SORRY. NO FURTHER QUESTIONS FOR STAFF.

THANK YOU. OKAY. ANY OTHER QUESTIONS FOR STAFF? YEAH. YES. WHEN WE'RE LOOKING AT THE AT THE AT THE.

AT WHAT YOU HAVE UP HERE NOW, THE 25FT LOOKED LIKE IT'S GOING EAST.

WEST THEN I MEAN, THAT'S COMING DOWN TO THE 2.72FT.

HOW DID WE COME TO SUCH A LARGE TO SUCH A LARGE DIFFERENCE? IF WE'RE IF WE'RE STILL TALKING ABOUT THE EXACT SAME CARPORT.

WELL, RIGHT NOW, THE CARPORT IS NOT THERE, SO THE IMAGE ON THE LEFT IS ACTUALLY SHOWING THE DISTANCE RIGHT NOW FROM THE EDGE OF THE HOME TO THE WEST PROPERTY LINE, WHICH IS EXACTLY 25FT TO THE RIGHT, YOU SEE.

WELL, ON BOTH IMAGES YOU MIGHT SEE AN OUTLINE OF THE PROPOSED CARPORT, BUT TO THE RIGHT YOU SEE THE OUTLINE OF THE PROPOSED CARPORT WHICH IS 20 BY 50. AND THE APPLICANT IS PROPOSING TO LEAVE ALMOST THREE FEET ON BOTH SIDES.

THREE BETWEEN THE LEFT IMAGE IS THE 25 FOOT SIDE SETBACK.

THAT RED ARROW IS YOUR 25 FOOT SIDE SETBACK. OKAY.

OKAY. ANY OTHER QUESTIONS FOR STAFF? I HAD A QUICK QUESTION.

SO OBVIOUSLY IT'S ON A STREET CORNER AND I BELIEVE THAT'S A RESIDENTIAL COMMUNITY.

IS THERE ANY SORT OF RISK OR ISSUE WITH IT BEING RIGHT OFF OF A CORNER THERE WITH ANY SORT OF TRAFFIC? WELL, STAFF DID LOOK AT THE REQUIREMENTS FOR THE SITE TRIANGLE AT A CORNER.

GIVEN THAT THE FENCE IS ALREADY THERE IN EXISTENCE, IN COMPLIANCE WITH OUR CODES TO SHIELD THAT STREET SIDE FROM VIEW OF THE BOAT. THERE'S NO ISSUE NOW. AND THERE WOULDN'T BE WITH WITH THE CARDBOARD.

OKAY. WITH NO FURTHER QUESTIONS FROM STAFF, WE'LL ASK THE APPLICANT TO COME FORWARD.

THE APPLICANT DOES HAVE A PRESENTATION. OKAY.

BOARD MEMBERS, HOW ARE WE DOING? PRETTY GOOD.

IF YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD.

MY NAME IS EVAN WARNER. WHAT WAS THE SECOND THING YOU SAID? YOUR PROPERTY ADDRESS. OH, MY PROPERTY IS 3202 JACKSON AVENUE NORTHEAST.

WOULD YOU LIKE? DO YOU WANT ME TO DO IT FOR YOU? YEAH, SHE CAN DO IT. I THINK YOU CAN DO YOUR OWN.

I THINK THAT WORKS. YES. NO. NO.

OKAY. WE'LL LET YOU KNOW. ALL RIGHT, SO I'M PROPOSING TO PUT A CARPORT ON THE STREET SIDE OF ABERTO. THERE IS A FENCE THAT I PRIVATELY PUT UP THAT IT WILL BE.

THE CARPORT WILL BE BEHIND THE FENCE. SO THERE WAS NO AS HE BROUGHT UP NO TRAFFIC PROBLEMS. AND SITTING AT THE STOP SIGN YOU CAN SEE DOWN THE STREET.

AS MR. FILIBERTO BROUGHT UP, THERE'S NO UTILITIES IN THAT AREA.

THE ONLY UTILITY EASEMENT IS IN THE BACK. IT'S AN FPL EASEMENT.

IT WILL NOT OBSTRUCT THE FPL EASEMENT. AND ALL OTHER UTILITIES ARE ON THE OUTSIDE OF THE PROPERTY.

SO YOU CAN SEE THERE THAT'S THE PROPERTY. THAT'S THE FENCE AROUND IT. AND YOU CAN SEE THE BOAT THERE.

SEE THE SIGNS? I HAD A POST UP IN THERE TO GO TO THE NEXT SLIDE.

OKAY. SO YOU'RE LOOKING IN THAT 25 FOOT SETBACK RIGHT NOW AT THAT PICTURE, WHAT YOU SEE DIRECTLY BEHIND THE BOAT.

[00:35:04]

IF YOU GO BACK TO THE ORIGINAL PICTURE, THE FIRST ONE, AND YOU CAN SEE IT THERE IN THE BACK OF THE PICTURE.

SO IN THE FIRST AERIAL SHOT HERE THERE IS ANOTHER PROPERTY I'M GOING TO BRING UP A PICTURE FOR IS KEEP GOING THROUGH THE PICTURES. KEEP GOING, KEEP GOING.

THAT'S WE'LL STOP HERE. THIS IS THE DIMENSIONS OF THE STRUCTURE.

IT'S A 20 BY 50, 35FT OF IT IS A CARPORT. AND THERE IS A SMALL SHED ON THE BACK.

IT'S TO PRETTY MUCH KEEP MY BOAT OUT OF THE WEATHER.

I'M TIRED OF WASHING IT EVERY WEEKEND TO GO OUT, AND THE SUN JUST DESTROYS EVERYTHING.

WELL, WE'LL LOOK AT THOSE PICTURES HERE IN A SECOND.

GO AHEAD TO THE NEXT ONE. THAT'S GOING TO BE WHAT THE STRUCTURE LOOKS LIKE. I'M OPEN TO ANYTHING I NEED TO DO IF I NEED TO MAKE THE STRUCTURE NOT LOOK LIKE IT'S METAL.

ANY COSMETIC THINGS I NEED TO DO TO MAKE THIS HAPPEN.

BUT WHATEVER. ANY RECOMMENDATIONS I GET FROM YOU GUYS, I'M WILLING TO WORK WITH YOU GUYS.

QUESTION FOR THE APPLICANT IF YOU DON'T MIND REGARDING THE SLIDE. REGARDING THAT SLIDE THERE, I SAW THAT YOU HAD SOME ENCLOSED ROOMS THERE.

WHAT WERE THOSE? WHAT WOULD BE IN THOSE ENCLOSED ROOMS? STORAGE. STORAGE LIKE STUFF FROM THE JUST TO MAKE MORE SPACE IN MY GARAGE.

I WOULD IT WOULD JUST BE RANDOM CRAP. NO, NO TURLET OR ANYTHING LIKE THAT.

YEAH. NO TOOLS, NOT EVEN LAWNMOWERS OR ANYTHING. I MEAN, NOTHING LIKE THAT.

THANK YOU. AND THANK YOU, MR. CHAIR. ALL RIGHT.

CAN WE GO FORWARD? PASS THE. ALL RIGHT, SO THIS IS IN REGARDS TO THE FIVE FOOT SETBACK OFF THE HOUSE.

YOU CAN SEE THERE'S TWO STRUCTURES AT THAT HOUSE.

THIS IS THIS YOUR HOUSE THAT WE'RE LOOKING AT RIGHT NOW? NO, THIS IS A. OKAY. SO WE'RE GOING TO MOVE PAST OTHER PEOPLE'S PROPERTIES. OKAY.

WE'RE GOING TO JUST TALK ABOUT YOUR PROPERTY. OKAY. BUT IT KIND OF IS RELEVANT TO TO MY ARGUMENT ABOUT THE FIVE FOOT SETBACKS THAT OTHER PEOPLE DON'T RESPECT, THE VARIANCE PROCESS THAT I'M TRYING TO GO THROUGH, AND THEY DON'T.

THEY'RE JUST PUTTING THESE STRUCTURES UP AND NOT AND NOT DOING THE WHOLE PROCESS THAT I'M HAVING TO GO THROUGH THE CORRECT WAY.

SO I BELIEVE IT'S VERY RELEVANT TO I MEAN, I UNDERSTAND WHAT YOU'RE SAYING.

IT'S JUST THESE FOLKS AREN'T HERE TO DEFEND THEMSELVES.

WE DON'T KNOW IF THEY EVEN HAVE A VARIANCE OF THEIR OWN.

WE DON'T KNOW IF THEY WENT THROUGH A YEAR SPECULATING. SO WE JUST I UNDERSTAND WHAT YOU'RE SAYING, BUT WE HAVE TO KEEP IT GERMANE TO OUR APPLICATION.

CAN I SHOW A PICTURE OF A PROPERTY THAT I DO KNOW? THEY DID NOT PULL A VARIANCE BECAUSE I'VE DISCUSSED THIS WITH LAND DEVELOPMENT. YOU CANNOT. OKAY.

SO IF IF I SAW A PICTURE OF YOUR BOAT, MAYBE.

WHAT'S HAPPENING TO YOUR BOAT? OKAY. YEAH, WE CAN GO THROUGH. YOU'RE GONNA HAVE TO SKIP THROUGH A COUPLE PICTURES. SO THAT'S ONE MONTH OF ME NOT CLEANING THE BOAT.

AND THAT IS WHAT THE SUN DOES TO IT. IT RAINS AND THEN IT DRIES OUT.

THE MOLD POPS RIGHT UP. IT'S A PONTOON BOAT, SO THE MOLD JUST COMES RIGHT UP.

OTHER PICTURES. THE SUN IS ROTTED. ALL THE SEATS.

THIS WASN'T LIKE THIS BEFORE I MOVED TO THIS PROPERTY, BECAUSE MY OTHER PROPERTY HAD A COVERING.

BUT THEN I HAD TO MOVE IN 2020, I BELIEVE, IS WHEN THEY CAME UP WITH THE THAT WE HAD TO MOVE THE BOATS TO THE SIDE OF THE HOUSE.

OKAY. AND THEN THAT'S WHEN I COULDN'T KEEP IT COVERED NO MORE.

AND THE DETERIORATION STARTED. LET ME SEE. OKAY.

CAN YOU GO BACK TO THE BOAT PICTURES? KEEP GOING.

ONE MORE. OH, IT SHOULD HAVE BEEN ANOTHER PICTURE IN THERE.

OF THE BACK OF THE BOAT. THIS PICTURE RIGHT HERE.

THAT WAS THE LAST ONE. NO. THERE YOU GO. SO YOU'LL NOTICE THAT THERE IS NO CANOPY TOP THERE, BECAUSE I TRIED TO DO THAT AT FIRST TO TRY TO PROTECT THE BOAT, LEAVE THE CANOPY OF THE SUN UP THE CANOPY TOP, THE CANOPY TOP RIPPED OFF FROM ME WHEN I WAS DRIVING DOWN THE RIVER BECAUSE IT WAS SO HOT AND DRY RIGHT BY THE SUN.

THEN YOU MIGHT SAY, OH, HOW COME YOU JUST DON'T BUY A BOAT COVER? I DID BUY A BOAT COVER ON IT, SO I ATE THAT UP TOO.

SO AND THESE AREN'T $40 BOAT COVERS ON AMAZON.

THESE ARE SEVEN, $800 BOAT COVERS THAT YOU BUY THAT THE CANOPY COVERS $600 ALONE.

SO IT'S NOT A CHEAP THING TO KEEP, YOU KNOW, JUST LEAVING THE BOAT OUT IN THE SUN AND HAVING IT DETERIORATED, PLUS THE INCONVENIENCE OF HAVING TO CLEAN IT EVERY WEEKEND WHEN I GO OUT, I JUST WANT TO STORE MY BOAT UNDER THERE AND AND I DON'T WANT TO.

I'LL WORK WITH YOU GUYS ON ANYTHING YOU GUYS WANT TO DO WITH MAKING IT LOOK HOWEVER YOU GUYS WANT IT TO LOOK.

I MEAN, IT'S GOING TO BE THE SAME COLOR OF THE HOUSE, WHATEVER WE NEED TO DO.

AND THAT'S ALL I HAVE FOR YOU GUYS. THANK YOU VERY MUCH, SIR.

I APPRECIATE YOU GOING THROUGH THE PROCESS. NO PROBLEM, THESE ARE ANY OF OPENING IT UP TO PUBLIC COMMENT.

IF THERE'S ANY MEMBER OF THE PUBLIC THAT WOULD LIKE TO SPEAK IN FAVOR OF THIS APPLICATION, PLEASE COME FORWARD. OKAY. SEEING NONE, ANYBODY FROM THE AUDIENCE THAT WOULD LIKE TO SPEAK AGAINST THIS

[00:40:06]

FIRST, I'M A FIRM BELIEVER IN OWNER'S RIGHTS TO THEIR LAND, BUT ON THE OTHER SIDE OF THAT, WE HAVE A VARIANCE FOR A REASON RIGHT NOW. SO I HAVE A QUESTION FOR THE INDIVIDUAL.

IF POSSIBLE, COULD HE COME IN FROM THE OPPOSITE STREET AND JUST BRING IT INTO THE BACKYARD SO HE WON'T BE AT THAT TINY AT THAT SPOT? JUST COME IN FROM THE OPPOSITE STREET INSTEAD OF THE STREET THAT HE'S TRYING TO COME IN OFF OF ON THE CURB.

THEN HE COULD PUT THE SHED IN THE BACK IN THE BACKYARD.

IT WON'T BE ENCROACHING ON THE ON THE FRONT, 25 FOOT ALONG THE FENCE AND SIDEWALK.

IT WOULD BE IN THE BACKYARD INSTEAD OF INSIDE. THAT WOULD ALLEVIATE BOTH PROBLEMS, AND POTENTIALLY THE INDIVIDUAL COULD USE ALL OF HIS LAND, RIGHT? THAT'S WHERE I'M AT WITH THAT ONE. AND IF BUT I'M I'M WE'RE SEEING A WHOLE LOT MORE LATELY OF PEOPLE REQUESTING HIGH VARIANCE REQUESTS FOR. AND WE HAVE THESE FOR A REASON.

AND THEN FOR THE INDIVIDUALS, FOR THE PICTURES THEY'RE SHOWING OF ON THE UP FOR THE PICTURES.

OR MAYBE THAT'S WHERE THEY NEED CODE TO CATCH THE PEOPLE THAT ARE IN VIOLATION JUST FOR CURIOSITY'S SAKE.

THANK YOU. ANY OTHER MEMBER OF THE PUBLIC THAT WOULD LIKE TO COME FORWARD AND SPEAK AGAINST THIS APPLICATION? SEEING NONE, I'LL CLOSE THE PUBLIC COMMENT AND ASK THE APPLICANT IF HE WOULD LIKE TO RESPOND.

YEAH, YOU GOT TO COME UP. IT HELPS WITH KEEPING THE MINUTES.

SO IS FROM MY UNDERSTANDING. I WAS TOLD THIS BY HER NAME STARTS WITH A J.

SHE DOES THE PUBLIC WORKS THAT YOU CANNOT ENTER FROM THE SIDE OF THE OF THE STREET WITH A WITH ANYTHING. FROM WHAT I WAS TOLD BY HER THAT YOU CANNOT PULL IN, USE THE SIDE AS A DRIVEWAY TO DRIVE INTO YOUR PROPERTY.

THAT'S WHAT I WAS TOLD BY HER. ALSO, THIS THAT STRUCTURE RIGHT THERE WOULD BE IMPEDING ONTO THE FPL EASEMENT IF I PUT IT IN THE BACKYARD FROM WHERE IT'S AT NOW.

OKAY. THANK YOU. EXCUSE ME SIR. MR. CHAIR, I DO HAVE I DO HAVE HOPEFULLY A QUICK QUESTION FOR YOU.

IN THE IN THE PICTURE THAT I'M LOOKING AT CURRENTLY, THE THE PONTOON BOAT IS IN THE BACK OF THE HOUSE CURRENTLY.

NO, IT'S ON THE SIDE. SO IT'S ON THE SIDE. IT'S ON THE SIDE OF YOUR PROPERTY CURRENTLY.

AND AND THE SIDE WHERE, WHERE WHERE THE PONTOON BOAT IS CURRENTLY PARKED IS WHERE YOU WOULD LIKE TO PUT YOUR.

PUT THE CARPORT. EXACTLY. RIGHT THERE. RIGHT.

AND WHAT COULD WHAT COULD IT BE A SMALLER CARPORT OR IS IT.

IT HAS TO BE THAT THAT SIZE. PRETTY MUCH IT HAS TO BE.

THAT'S THE ONLY THING I COULD DO IS CUT SOME OFF. THE END OF IT REALLY WAS CUT THE SHUT OFF. BUT PRETTY MUCH IT'S GOT TO BE THAT WIDE. AND THE LENGTH PART IS NOT WHAT WE'RE REALLY FIGHTING HERE. IT'S THE IT'S THE WIDTH. THE WIDTH. CORRECT. YEAH.

DOES MY QUESTION ABOUT THE THE ORIGINAL 25 TO 2.7.

OKAY. ANY OTHER QUESTIONS? JUST TO SIDE NOTE, THIS IS NOT AN OBSCENE 20 FOOT TALL STRUCTURE.

IT'S GOT JUST TEN FOOT WALLS. IT'S NOT A HUGE STRUCTURE.

IT MIGHT LOOK BIG IN THOSE PICTURES, BUT IT'S REALLY AND IN ALL REALITY, NOT THAT BIG.

AND I APOLOGIZE TO THE BOARD. I'M SUPPOSED TO.

ONE MORE QUESTION. QUESTIONS OF THE APPLICANT.

ONE MORE QUESTION, MR. CHAIR. WHAT ARE YOU GOING TO BE? A CONCRETE BASE. MORAL BASE? YES. SO WE PLAN TO POUR A FOUR INCH CONCRETE SLAB 20 BY 50.

OKAY. I DO HAVE CONCERNS ABOUT THE CONCRETE SLAB AND WATER RUNOFF.

SO I'M WONDERING IF IT WOULD. MORAL OR MORAL OR STONE ROCK, WHICHEVER.

RIGHT. AND WE ADDRESSED THIS IN OUR FIRST MEETING.

I DON'T KNOW WHAT THAT THE PRE-APPLICATION MEETING OUT THERE, THE AREA IS NOT LIKE A LOT OF PALM BAY.

IT IS RELATIVELY FLAT OUT THERE, BUT THERE IS A REQUIREMENT TO MEET A 4 TO 1 SLOPE.

I BELIEVE THAT'S WHAT IT IS. SO WE WOULD PRETTY MUCH PUT THE CONCRETE INTO THE GROUND WHERE WE DO NOT DISTURB ANY OF, DO NOT CHANGE, ADD ANY GRADE TO IT AND ANY CHANGE IN ANY ELEVATIONS OF ANYTHING TO, TO TO MESS WITH ANY KIND OF RUNOFF.

AND ALSO THE PITCH OF THE ROOF IS FROM FRONT TO BACK.

SO WATER RUNOFF GOES TO THE BACK OF THE HOUSE, THE FRONT OF THE HOUSE.

IT DOESN'T PITCH INTO THAT SIDE OF THE HOUSE.

THANK YOU. YEAH. I HAVE A QUICK QUESTION. JUST ONE CLARIFYING.

YOU'RE COMING IN FROM JACKSON STREET, SO TO THE BACK.

CORRECT. SO THE RIGHT IN FRONT THERE, THERE'S A IT'S KIND OF A HIDDEN GATE.

YOU CAN'T SEE IT, BUT IT'S A DOUBLE GATE THAT OPENS AND WE BACK IN RIGHT THERE.

YES. AND THEN YOU HAD MENTIONED A SECOND AGO THAT IT'S NOT AN OBSCENE STRUCTURE.

[00:45:04]

SO IT'LL BE FOUR FOOT ABOVE THAT FENCE. OKAY.

AND IS THE CARPORT OBSTRUCTING THAT WINDOW THERE IN YOUR HOUSE AT ALL OR DO YOU HAVE JUST A TWO FOOT CLEARANCE? IT WOULD BE A TWO FOOT CLEARANCE, BUT THE CARPORT ONLY COMES DOWN FROM THAT TEN FOOT.

IT ONLY COMES DOWN THREE FOOT. SO THERE'S NO WALLS ON THE CARPORT PART.

YOU KNOW WHAT I MEAN? IT'S JUST IT'S JUST ONE LITTLE STRIP ON THE TOP AND THAT'S IT.

YOU KNOW, IT'S JUST PRETTY MUCH A ROOF RIGHT THERE.

OKAY. THANK YOU. YEAH. ANY OTHER QUESTIONS FOR THE APPLICANT? IF NOT, GO AHEAD. NO. OKAY. THANK YOU VERY MUCH, SIR.

OKAY. WE'LL BRING IT BACK TO THE BOARD AND ENTERTAIN A MOTION.

MR. CHAIR, I'LL MAKE A MOTION TO APPROVE VE 240007.

I UNDERSTAND MR. BATTEN'S CONCERNS REGARDING THE VARIANCE FOR UTILITIES AND FOR DRAINAGE.

HOWEVER, THAT DOES NOT IMPACT IN THIS CASE HERE.

SO I DO KNOW WHY THE THE RULE SLASH ORDINANCE IS THERE.

BUT AND QUESTIONING STAFF THAT DOES NOT SEEM TO BE THE CASE.

SO IT'S NOT GOING TO BE INTERFERING WITH ANYTHING. PLUS HE'S ALREADY GOT A FENCE THERE THAT IS GOING TO ENCLOSE THE CARPORT WHERE IT SITS.

SO I HAVE NO PROBLEM WITH IT AS, AS IT STATES.

OKAY. IS THERE A SECOND? I'LL SECOND IT. I'M GOING TO SECOND AND THEN DO I, JUST FOR BEING A ROOKIE SECOND AND THEN ALLOW TO ADD A COMMENT, OR YOU CAN COMMENT ALL YOU WANT.

OKAY. SORRY ABOUT THAT. YEAH. I WOULD SECOND ALMOST ADD A CONDITION THAT IN THE SPIRIT THAT HE'LL DO WHATEVER IT TAKES TO BLEND IT INTO THE PROPERTY. SO AS LONG AS HIS CARPORT BLENDS INTO THE PAINT OF HIS CURRENT HOUSE IT'S NOT OBSCENE STRUCTURE.

IT'S NOT GOING TO AFFECT ANY SORT OF UTILITIES OR ANY SORT OF RUNOFF. I MEAN, HE ALREADY HAS A FENCE THERE TO BEGIN WITH.

AND SO AS LONG AS IT'S AS CERTAIN MEET CERTAIN SAFETY STANDARDS.

I'M JUST GOING TO ASK STAFF REAL QUICK. CAN WE PUT A CONDITION ON THE VARIANCE? OKAY. SO I'LL MAKE I'LL MAKE THE MOTION WITH THAT CONDITION THAT MR. MCNULTY JUST STATED. SO YOU'RE AMENDING YOUR MOTION WITH A SECOND? YEAH. WHAT CONDITIONS ARE WE LOOKING FOR, ASIDE FROM OPENING UP CONDITIONS THAT MAY THEN BE COMPLETELY INCONSISTENT WITH THE LAND DEVELOPMENT CODE, GOING WAY BEYOND THE SCOPE OF THE VARIANCE. THE CONDITION WAS TO MATCH THE COLOR OF HIS HOUSE.

I BELIEVE THAT'S REQUIRED ANYWAY. THAT'S FINE.

YEAH, JUST FOR THAT. FOR THAT SIZE? YES. OKAY.

IF IT'S ALREADY REQUIRED, THEN JUST DISREGARD THE PROVISION.

BUT YES, IT HAS TO LOOK LIKE THE HOUSE.

I DON'T HAVE THE CODE. OKAY. SO WE HAVE A MOTION AND A SECOND.

DO WE HAVE ANY FURTHER CONVERSATION? I THINK I THINK I THINK THE ONLY QUESTION I HAVE I MEAN, I MEAN, I UNDERSTAND BECAUSE I HAVE A, I ALSO HAVE A BOAT AND I UNDERSTAND EXACTLY WHAT YOU'RE DEALING WITH AND GOING THROUGH.

SO I CAN I CAN SYMPATHIZE THERE. HOWEVER THE CARPORT ITSELF WILL BE BEHIND THE FENCE, AND IT WOULD APPEAR THAT IF YOU JUST KIND OF REDUCED THE SIZE OF THE CARPORT, THEN EVERYTHING WOULD WORK.

IT WOULD SOMEWHAT WORK IN THIS. NO. SO I KNOW, I KNOW, WE ALREADY CLOSED IT TO THE PUBLIC, BUT SO JUST AGAIN, GOING TO STAFF, IF HE REDUCED THE SIZE OF THE CARPORT WITH THAT, THAT STILL WOULD NOT BE A REASONABLE. THE LENGTH WASN'T THE ISSUE, THOUGH.

IT WAS. IT WAS THE WIDTH. RIGHT. AND HE, I MEAN, HE APPLICANT STATED THAT HE NEEDED THAT WIDTH FOR HIS BOAT.

WELL, LET'S ASK STAFF REALLY QUICK. IS THERE IS THERE A WIDTH CHANGE THAT HE COULD DO TO BE IN COMPLIANCE? IT'S 20FT WIDE. HOW WIDE IS THE BOAT? YES, IT. IN LOOKING AT THE. IF WE COULD GO TO THE FRONT ON VIEW OF.

I THINK IT'S THE SECOND SLIDE OF HIS HOME WHERE WE CAN SEE HOW THE BOAT IS THE SECOND SLIDE.

I BELIEVE YOU CAN MAKE THE DRIVEWAY FIVE FEET WIDE.

IT'S WITHIN THE 25 FOOT SETBACK. YOU CAN MAKE THE DRIVEWAY ONE FOOT WIDE.

IT'S STILL GOING TO BE WITHIN THE FIVE FOOT WITHIN THE FIVE. IT'S A 25 FOOT SETBACK.

[00:50:01]

I JUST HAVE A POINT. YOU CAN HE CAN HAVE A 30 FOOT WIDE DRIVEWAY SET IN THE BACKYARD THAT MEETS THE SETBACK REQUIREMENT.

IF IT IF IT FITS AND MEETS THE SETBACK REQUIREMENTS, IT'LL WORK.

YOU CAN HAVE A 20 FOOT FOOT WIDE SIDEWALK. IT'S JUST IT'S IT'S A GAME OF TETRIS OR JENGA MAKING IT FIT.

THE ISSUE, THOUGH, IS THAT YOU'VE GOT A RECTANGLE THAT IS PLACED IN THE LOT WHERE IT'S NOT SUPPOSED TO BE PLACED IN THE LOT, WHICH IS WITHIN THE AREA DESIGNATED AS A SETBACK.

AND THAT'S THE ISSUE. THAT'S THE ISSUE. AND HENCE WHY THE VARIANCE HAS COME BEFORE THE BOARD.

A SMALLER CARPORT WOULD JUST LESSEN THE DEGREE OF THE VARIANCE.

REQUEST THE PERCENTAGE, BUT GOT IT STILL THE SAME.

OKAY. OKAY. WE HAVE A MOTION. WITH THAT WE HAVE A MOTION.

WE HAVE A SECOND. WE HAVE NO LONGER NO FURTHER DISCUSSION.

WE'LL GO AHEAD AND VOTE. ALL OF THOSE IN FAVOR.

AYE. AYE. AYE. ALL OPPOSED? HI. HI. YEAH. OKAY.

FOUR IN FAVOR? THANK YOU VERY MUCH. WE'LL MOVE ON TO OUR NEXT ITEM.

CP 24 00011. STAFF WOULD PLEASE PRESENT. GOOD EVENING.

THIS IS FOR FOUNDATION PARK GREEN RECYCLE CENTER.

THE APPLICANT IS FOUNDATION PARK FUTURE INVESTMENTS LLC, REPRESENTED BY BRUCE MOYA.

THE LOCATION IS SOUTH OF AND ADJACENT TO FOUNDATION PARK BOULEVARD, SOUTHEAST IN THE VICINITY, SOUTHWEST OF THE INTERSECTION OF BABCOCK STREET SOUTHEAST AND FOUNDATION PARK BOULEVARD SOUTHEAST.

THE REQUEST IS FOR A SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT FROM LOW DENSITY RESIDENTIAL TO AN INDUSTRIAL, AND THE SIZE OF THE SITE IS IS APPROXIMATELY 15.4 ACRES.

THIS IS THE BACK 15.4 ACRES OF A 36 ACRE SITE THAT GOES ALL THE WAY UP TO FOUNDATION PARK BOULEVARD.

THE FUTURE LAND USE FOR THIS PIECE IS LOW DENSITY RESIDENTIAL.

THE CURRENT ZONING IS RS. TWO SINGLE FAMILY RESIDENTIAL AND IS CURRENTLY UNDEVELOPED.

TO GIVE A LITTLE BACKGROUND ON THIS THE AMENDMENT WOULD BRING THE ENTIRE 36 ACRE PARCEL INTO THE SAME INDUSTRIAL LAND USE AND WOULD ALLOW FOR THE PROPOSED DEVELOPMENT OF A TREE AND LANDSCAPE RECYCLING FACILITY.

THE ENTIRE 36 ACRE SITE WAS ORIGINALLY PLATTED IN 1961 AS PART OF PORT MALABAR UNIT 15.

HOWEVER, IN 2001, THE CITY INITIATED A LARGE SCALE MAP AMENDMENT FROM LOW DENSITY RESIDENTIAL TO INDUSTRIAL FOR A 67 FOR.

THIS IS JUST A PART OF THE 67 ACRE COLLECTION OF PARCELS ALONG FOUNDATION PARK BOULEVARD.

AND THAT WAS THE RESULT OF THE CITY'S EFFORTS TO CREATE AND ENHANCE COMMERCIAL AND INDUSTRIAL CORRIDORS THROUGHOUT THE CITY.

IN ACCORDANCE WITH THE GOALS ESTABLISHED IN THE CITY'S COMPREHENSIVE PLAN IN 2021, THE CURRENT APPLICANT WAS GRANTED A TEXTUAL AMENDMENT TO ESTABLISH A TREE AND LANDSCAPING RECYCLING FACILITY AS A CONDITIONAL USE WITHIN THE LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT.

THIS TEXTUAL AMENDMENT ALSO PROVIDED A SET OF SPECIFIC SITE PLAN CRITERIA, WHICH IS DETAILED IN SECTION 174 .048 OF THE CODE OF ORDINANCES. ALSO WITHIN THE LAST YEAR, THE PLATS AND RIGHTS OF WAY HAVE BEEN VACATED FOR THE ENTIRE 36 ACRE SITE.

THE APPLICANT HAS ALSO APPLIED CONCURRENTLY FOR REZONING THIS EVENING AND FOR THE FOR JUST THIS PIECE, AND THEN A CONDITIONAL USE FOR THE ENTIRE 36 ACRE SITE.

THE THE CITIZENS PARTICIPATION PARTICIPATION ELEMENTS HAVE BEEN MET LAST SEPTEMBER AND AGAIN LAST NOVEMBER. TWO MEETINGS HAVE BEEN HELD AND NOTIFICATION ACCORDING TO STATE STATUTE AND OUR CITY ORDINANCES HAVE BEEN MET AND WHY BOARD ACTION IS NEEDED. THE PLANNING AND ZONING BOARD IS TO REVIEW THE APPLICATION.

AT THE PUBLIC HEARING AND MAKE A RECOMMENDATION BASED ON THE REVIEW CRITERIA IN SECTION 170 2.0 21C AND THOSE ARE OUR FACTORS OF ANALYSIS. THE TO INCLUDE THE FACTORS OF ANALYSIS FOR A FUTURE LAND USE MAP AMENDMENT AND APPLICABLE ELEMENTS OF THE COMPREHENSIVE PLAN.

SUBMITTED DOCUMENTS FOR SUPPORT INCLUDE THE APPLICATION, THE SITE SKETCH.

THEY SORT OF A CONCEPTUAL PLAN OF THE DEVELOPMENT, A PROPOSED DEVELOPMENT, A BOUNDARY SURVEY,

[00:55:04]

THE YEAH. AND THEN IN REVIEWING THE FACTORS OF ANALYSIS SOME OF THE ITEMS SUCH AS THE WHETHER THE AMENDMENT WILL HAVE AN EFFECT ON THE CITY'S BUDGET OR THE ECONOMY OF THE CITY.

THE CITY'S ECONOMIC DEVELOPMENT STRATEGIC PLAN IN 2020, ADOPTED IN 2023, IDENTIFIES THIS AREA SPECIFICALLY AS A BUSINESS INCUBATION CORRIDOR AND RECOMMENDS THE CONSERVATION AND ENHANCEMENT OF EXISTING COMMERCIAL AND INDUSTRIAL PROPERTIES.

AND ALSO THERE'S NOT EXPECTED TO BE ANY EFFECT ON THE LEVEL OF SERVICE AND PUBLIC ON PUBLIC FACILITIES.

MINIMAL EFFECTS BECAUSE OF THE SMALL FOOTPRINT OF THE ACTUAL DEVELOPMENT AND MINIMAL TRAFFIC.

SO AND THAT WAS REVIEWED BY ALL STAFF. THEY PROVIDED NOTES AND NO ONE HAD NO DEPARTMENTS HAD AN OBJECTION.

ALSO. THERE IS ONE OF THE ELEMENTS TO REVIEW IS WHETHER THE AMENDMENT WILL ADVERSELY AFFECT THE ENVIRONMENT OR NATURAL RESOURCES OR HISTORICAL RESOURCES, AND ACCORDING TO THE FLORIDA LAND USE AND COVER CLASSIFICATION SYSTEM, IN ACRES OF THE ENTIRE SITE. THIS IS EASIER TO SEE ON THIS CONCEPTUAL PLAN.

HERE ARE SOME OF THE OF THE ENTIRE 36 ACRE SITE IS WETLANDS.

THE YELLOW BOX REPRESENTS JUST THE AREA THAT WE'RE TALKING ABOUT.

FOR THE FUTURE LAND USE MAP AMENDMENT, THE APPLICANT IS PROPOSING THE CONSERVATION OF NEARLY 12 ACRES OF WETLAND AND UPLAND BUFFER TO MITIGATE THE LESS THAN AN ACRE OF WETLANDS THAT WOULD BE IMPACTED ON THE NORTH END OF THE PROPERTY.

AND THEN AND THAT MAKES UP ABOUT 90% OF OF THIS PROPERTY.

THE SUBJECT PROPERTY FOR THIS, FOR THIS APPLICATION ALSO THIS 15.4 ACRES OF THE SITE, WHICH HAS THE LAND USE OF LOW DENSITY RESIDENTIAL. IT'S ISOLATED AND IT HAS LET ME GO BACK, SHOW THIS BETTER.

SO IF YOU SEE THE THE PLANNING, THAT'S OVER TO THE SIDE THAT WAS PLATTED IN 1961.

THE GRID. YEAH. THAT GRID, THAT'S A STRANGE SUBDIVISION.

AND IT HAS ONLY BEEN DEVELOPED. AND THAT SOUTH EAST CORNER, BECAUSE THERE ARE NO UTILITIES, THERE ARE NO ROADS. SO ANYONE THAT BUILDS HAS TO PUT IN A ROAD.

SO IT'S NEVER BEEN DEVELOPED AND IT'S MOSTLY WETLAND.

SO JUST TO GIVE A ABOUT IT'S NOT GOING TO AFFECT THE SUPPLY OF HOUSING, WHICH IS ONE OF THE ELEMENTS BECAUSE IT'S IT'S BEEN PLATTED FOR A LONG TIME.

IT'S NEVER BEEN DEVELOPED BECAUSE IT'S KIND OF UNDEVELOPED UNTIL THEY CAN GET SOME UTILITIES AND SERVICES OUT THERE.

AND ADDITIONALLY, THIS FACILITY IS EXPECTED TO EMPLOY 15 TO 20 AS PEOPLE, AND THE PROPOSED PROJECT WILL BE REQUIRED TO INSTALL THE FIRST SECTION OF SIDEWALK ALONG THE SOUTH SIDE OF FOUNDATION PARK BOULEVARD SOUTHEAST THAT WILL EVENTUALLY CONNECT THE RESIDENTIAL AREA TO BABCOCK ROAD AND SECTION ONE. 74.048 OF THE ORDINANCES PROVIDES PROTECTION FOR THE ADJACENT PARCELS BY REQUIRING AN EIGHT FOOT OPAQUE FENCE, 100 FOOT BUFFER FOR COMMERCIAL AND 250 FOOT BUFFER FOR RESIDENTIAL. AND THAT IS HOW FAR AWAY ANY OF THE MULCHING EQUIPMENT HAS TO BE FROM THE PROPERTY LINES.

SO THAT'S 250 FROM RESIDENTIAL. IN ADDITION TO THAT 9 TO 12 ACRE WETLAND CONSERVATION AREA THAT WILL BE PRESERVED TO THE SOUTH.

AND SO TO FURTHER PROTECT THE SURROUNDING PROPERTIES FROM NOISE PRODUCED, TREE AND LANDSCAPE RECYCLING OPERATIONS ARE RESTRICTED TO 8 TO 6 P.M.

OPERATION HOURS AND DURING BUSINESS HOURS. THE SOUND LEVELS GENERATED MUST ADHERE TO THE MAXIMUM PERMISSIBLE SOUND LEVELS SET FORTH IN OUR NOISE ORDINANCE. TABLE ONE OF SECTION 92.06 OF THE CODE OF ORDINANCES.

AND AGAIN, LOOKING AT THE SITE, IT'S KIND OF FAINT WHEN YOU PUT IT ON THE SCREEN.

BUT THE TWO TO THE SOUTH OF WHERE WE'RE LOOKING OFF TO THE EAST IS THE 250 BUFFER FROM THE RESIDENTIAL.

AND THEN TO THE WEST YOU CAN SEE THAT 100 FOOT BUFFER FROM THE COMMERCIAL.

THAT PROPERTY DIRECTLY TO THE WEST OF THIS PROPERTY, THE LARGE INDUSTRIAL TRACK THAT'S COME IN ALREADY FOR A

[01:00:05]

SO THE PROPERTY OWNER IS REQUESTING THE CHANGE IN FUTURE LAND USE FROM LOW DENSITY RESIDENTIAL TO THE INDUSTRIAL TO ALLOW FOR THAT TREE AND LANDSCAPE RECYCLE FACILITY. AND THIS REQUEST IS ACCOMPANIED THIS EVENING BY A REZONING APPLICATION AND AN APPLICATION FOR THE CONDITIONAL USE, WHICH WE'LL REVIEW LATER.

AND OF COURSE, THAT CONDITIONAL USE WOULD BE CONTINGENT ON THE APPROVAL OF THE ZONING AND THE FUTURE LAND USE.

OTHERWISE, THE APPLICANT HAS MET THE FACTORS OF ANALYSIS, AND THE SUBMITTED SITE PLAN WILL BE REQUIRED TO MEET THE CRITERIA OF 174 .048, WHICH ARE THE SPECIFIC SET OF CRITERIA FOR TREE AND LANDSCAPING RECYCLING THAT WAS ESTABLISHED WHEN THE TEXTUAL AMENDMENT WAS MADE. STAFF'S RECOMMENDATION IS TO APPROVE AND REQUESTED ACTION FROM THE BOARD IS TO RECOMMEND TO THE CITY COUNCIL WHETHER TO APPROVE, APPROVE WITH CONDITIONS OR DENY THE APPLICANT'S REQUEST.

OKAY. THANK YOU. ANY QUESTIONS FROM THE BOARD FOR STAFF? THAT WAS THAT WAS QUITE A BIT. NO. OKAY. COULD YOU BRING UP THAT SKETCH AGAIN WITH THE WITH THE WETLAND ON IT? OKAY. THAT HASHED LINE THAT IS TO THE RIGHT OF THE BLUE DELINEATED WETLAND BOUNDARY.

WHAT IS THAT HASHED LINE DESIGNATING? IT'S LABELED ON THERE.

IT'S THE WETLAND PRESERVATION AREA, BUT IT HASN'T BEEN DETERMINED BY SAINT JOHN'S YET.

TYPICALLY, SAINT JOHN'S WILL REQUIRE A LITTLE MORE OF AN UPLAND BUFFER FOR SOME OF THAT.

SO IT'S NOT A SO IT'S NOT A SO THE BUSINESS ITSELF IS OPERATING IN BETWEEN WOULD BE OPERATING IN BETWEEN THAT HASHED LINE AND WHAT'S LEFT OF THE YELLOW BOX.

WELL, CORRECT. OKAY. PLUS A BUFFER. RIGHT I GET THAT OKAY.

ALL RIGHT. WITH THAT, WITH THE APPLICATION APPLICANT, PLEASE COME FORWARD.

THANK YOU, MR. CHAIRMAN AND BOARD. THIS IS A NEW BOARD FOR ME.

I THINK YOU'VE BEEN ON THE PREVIOUS BOARD, RIGHT, MR. WERNER? YES, SIR. BUT IT'S BEEN A IT'S A PLEASURE TO BE HERE TONIGHT.

MY NAME IS BRUCE MOY. I'M THE PRESIDENT OF MBB ENGINEERING, REPRESENTING THE APPLICANT WHO IS THE PROPERTY OWNER AND WILL BE OPERATING THE FACILITY SHOULD IT ACTUALLY GET APPROVED AND GET CONSTRUCTED? SO THEY ARE HERE, SO THEY'RE DEFINITELY VERY INTERESTED IN THESE PROCEDURES.

EXCELLENT PRESENTATION STAFF. THANK YOU VERY MUCH.

I GUESS WE'RE KIND OF GOING FOR THE TRIFECTA HERE TODAY.

WE'RE ASKING FOR THREE THINGS FROM THE BOARD ON THIS PROPERTY.

THE. THEY OWN THE WHOLE 36 ACRES. THE NORTH 21 ACRES IS ALREADY ZONED AND LAND USE FOR INDUSTRIAL, BUT THE SOUTH 15 ACRES IS NOT. IT'S RESIDENTIAL.

THE KIND OF YOU MADE A GOOD. YOU HAD A GOOD QUESTION.

I WANT TO I THINK THERE'S A GOOD POINT THERE.

WHAT WE'RE PROPOSING TO DO IS KEEP THE OPERATIONS IN THE ACTUAL INDUSTRIAL ZONE PROPERTY, NOT EVEN GOING PAST THAT SOUTH PROPERTY BOUNDARY BETWEEN THE TWO LOTS. BECAUSE AND THE ONLY REASON WE'RE REALLY ASKING FOR THE INDUSTRIAL LAND USE AND ZONING IS BECAUSE ANY PORTION OF THE INFRASTRUCTURE THAT SUPPORTS THIS FACILITY HAS TO BE THE SAME ZONING.

SO THE ONLY THING WE'RE PROPOSING TO PUT IN THAT RESIDENTIAL LAND USE AND ZONED PROPERTY IS A STORMWATER MANAGEMENT TRACT FOR THE INDUSTRIAL PROPERTY.

WE'RE NOT PUTTING ANY ACTIVITY BACK THERE. WE'RE NOT PUTTING ANY STRUCTURES WE'RE GOING TO.

AND THAT DASHED LINE THAT YOU ASKED ABOUT. THAT IS WHERE WE'RE GOING TO TAKE THE SOUTH 12 ACRES OF THAT PROPERTY AND USE IT ONLY FOR STORMWATER MANAGEMENT WHILE IN PRESERVATION AND CONSERVATION ENHANCEMENT AND TREE PRESERVATION AND OTHER RELATED ENVIRONMENTAL USES, LIKE IF WE HAVE TO MOVE TORTOISES OR SOMETHING, YOU KNOW, WHATEVER ENVIRONMENTAL PROTECTION TYPE THINGS, AND THEN WE'LL PUT THAT INTO CONSERVATION AND IT WILL BE PRESERVED FOR, FOR FOREVER.

SO WE'RE NOT GOING TO TOUCH THAT WETLAND, WE'RE GOING TO ENHANCE IT.

AND THEN WE'RE GOING TO PUT IT INTO CONSERVATION, MOSTLY BECAUSE WE HAD TWO CITIZENS PARTICIPATION MEETINGS AND MOST,

[01:05:01]

I THINK THAT'S VERY GENEROUS. WE'RE NOT GOING TO DISTURB THAT PROPERTY AT ALL.

WE'RE GOING TO LEAVE IT NATURAL. WE'RE GOING TO ENHANCE IT, GET RID OF ALL THE INVASIVE SPECIES AND THEN PUT IT INTO CONSERVATION SO NO ONE CAN ENCROACH ON IT IN THE FUTURE. SO I THOUGHT THAT WAS A VERY IMPORTANT.

WE DON'T WANT THE WE DON'T NECESSARILY WANT THE REZONING, THE LAND USE.

WE HAVE TO HAVE IT IN ORDER JUST TO, JUST TO PUT A RETENTION POND IN IT. SO WE'RE MAKING THAT REQUEST.

THE BIG REQUEST HERE REALLY IS THE CONDITIONAL USE PER YOUR ZONING CODE, NOT EVEN IN YOUR MOST INTENSE INDUSTRIAL ZONING.

DO YOU ALLOW A MULCHING FACILITY, A RECYCLING FACILITY? IT'S A CONDITIONAL USE ONLY. SO IN ORDER TO DO THIS, WE HAVE TO ASK FOR A CONDITIONAL USE.

YOU KNOW, THIS CITY IS GROWING. THIS IS A MUCH NEEDED FACILITY.

IT'S CENTRALLY LOCATED MOSTLY IN THE SOUTH PART OF THE CITY, WHICH IS GREAT.

SO THE OPTIONS TO GET RID OF THESE, THESE CLEARING DEBRIS IS TO BURN IT, TO TRUCK IT ALL THE WAY TO MELBOURNE, BASICALLY BRINGING TRUCKS THROUGH YOUR ENTIRE CITY TO GET TO MELBOURNE OR PUT IT IN THE LANDFILL.

SO THIS FACILITY, I THINK, IS CRITICAL FOR THIS AREA WHERE THEY CAN ACTUALLY TAKE THE, THE, THE LAND CLEARING DEBRIS, MULCH IT, RECYCLE IT AND SHIP IT OFF.

SO THERE'S NO WASTE. THERE'S NO IT GETS REUSED.

SO I THINK IT'S A IT'S A PLUS. PLUS. BESIDES THAT ANY OTHER REMAINING COMMERCIAL RESIDENTIAL PROPERTIES THAT ARE TO THE EAST OF US BECAUSE IT'S A SCATTERED MIX OF COMMERCIAL AND RESIDENTIAL TO THE EAST BETWEEN US AND BABCOCK.

WE HAVE TO HAVE THAT 250 FOOT BUFFER FOR ANY ACTIVITY THAT WE DO ON THE SITE.

SO WE'RE WE'RE KEEPING OURSELVES PRETTY, PRETTY FAR AWAY FROM ANY EXISTING RESIDENTIAL PROPERTIES OR ANY FUTURE RESIDENTIAL.

SOME OF THEM ARE VACANT AND THERE'S NOBODY THERE.

BUT BUT ESPECIALLY SENSITIVE TO THE PEOPLE TO THE SOUTH.

SO THAT'S PRETTY MUCH CONCLUDES MY PRESENTATION.

I REALLY THINK I'M GOING TO SPEAK MORE AFTER SOME OF THE RESIDENTS COME HERE AND SPEAK, BECAUSE I THINK THEY'RE GOING TO HAVE SOME CONCERNS THAT THEY STILL WANT YOU TO HEAR ABOUT. AND I'D LIKE TO BE ABLE TO ADDRESS THOSE LATER. YOU WILL HAVE THAT OPPORTUNITY. ANY QUESTIONS FOR THE APPLICANT? MISTER CHAIR? YES. I JUST WANT TO CONFIRM, MISTER MOYER, THAT THE WETLANDS ARE NOT GOING TO BE TOUCHED AT ALL BECAUSE I THOUGHT I HEARD SOMETHING ABOUT AN ACRE BEING THE THE WETLANDS TO THE NORTH WILL WILL BE IMPACTED. YES, BUT NOT TO THE SOUTH.

OKAY. THANK YOU. I HAVE A QUESTION. I KNOW THAT YOU MENTIONED THAT THE FACILITY WOULD ONLY EMPLOY 15 TO 20 PEOPLE. AS FAR AS TRUCKING OR ANYTHING LIKE THAT FOR TRANSPORTING MATERIALS, WOULD THAT HAVE WHAT IS THERE ANY SORT OF IMPACT ON BABCOCK? OBVIOUSLY THAT ROAD IS ALREADY CONSTRUCTED ENOUGH.

THERE'S VERY FEW VEHICLES ON A DAILY BASIS. SO THIS OPERATION ACTUALLY EXISTS IN THE TOWN OF MALABAR CURRENTLY.

IF YOU FLEW NORTHEAST OVER 95, THIS FACILITY IS IN THE TOWN OF MALABAR, RIGHT ON THE CITY LINE.

ON THE CITY LIMITS, DIRECTLY ABUTTING A VERY LARGE RESIDENTIAL DEVELOPMENT.

AND TO TO TO. I'LL LET THEM MAYBE EXPAND ON THAT.

BUT TO TO MY KNOWLEDGE, I DON'T THINK WE'VE HAD ANY COMPLAINTS FROM THAT DEVELOPMENT. SO IT IS ALREADY UNDER IT DOES EXIST CURRENTLY.

THEY JUST WANT TO MOVE IT TO THE CITY OF PALM BAY. BASICALLY, YOU GUYS HAVE CARVED THIS AREA OUT FOR INDUSTRIAL, AND I THINK INDUSTRIAL IS COMING AND WE WANT TO BE THE FIRST ONES TO COME.

AND THE OTHER ONE WAS CURIOUS ABOUT WAS GIVEN THE NATURE OF OF WHAT YOU DO THERE IS IS THERE ANY SORT OF SMELL OR ANYTHING THAT WOULD BE EMITTED FROM THE FACTORY THAT WOULD IMPACT THE LOCAL RESIDENTS? THE SMELL OF WOOD, THE NATURAL SMELL, KIND OF LIKE LIVING NEXT TO A RESTAURANT AND SMELLING BARBECUE OR SOMETHING LIKE THAT. I DON'T KNOW, I DON'T KNOW, I DON'T OPERATE IT. YEAH, BUT THERE ARE REGULATIONS THAT THE DEP, THE DEP REGULATES THIS THIS ACTIVITY. SO THEY HAVE REQUIREMENTS THAT THEY HAVE TO MEET.

OKAY I APPRECIATE IT. SO MR. CHAIR, SO THAT ALSO KIND OF BRINGS UP WHAT YOU JUST MENTIONED.

KIND OF ALSO BRINGS THE QUESTION THEN, AND I'M SURE WE'RE GOING TO TOUCH A LITTLE BIT ON IT IN THE CONDITIONAL USE.

YOU SAID BURN IT, TRUCK IT OR SEND IT ALL TO A LANDFILL.

SO ONCE THE ONCE THE SITE IS, ONCE THE SITE IS IN PLACE, THEN THE PLAN TO FIRST TO KEEP THE SITE CLEAN AND TO KEEP THE SITE FROM ALL THE DEBRIS THAT'S GOING TO BE THERE. WHAT'S WHAT'S THE APPROACH ON THAT? RIGHT. SO THEY HAVE EQUIPMENT THAT WORKS THE PROPERTY CONSISTENTLY.

SO THE LOADS COME IN, THEY THEY PILE IT AND THEN THEY START MULCHING IT AND THEN THEY SHIP IT RIGHT OUT.

[01:10:02]

IT GOES OUT ALMOST AS FAST AS IT COMES IN. SO.

SO WHAT DO THE BURNET COME IN? YOU KNOW, LIKE, IF SO, IF YOU IF YOU'RE DOING A LARGE SITE, SAY MAYBE IN THE CITY OF PALM BAY OR IN THE COUNTY, YOU'RE ALLOWED TO BURN YOUR LAND, CLEARING DEBRIS ON SITE.

WE'RE NOT BURNING ON THE SITE AT ALL. WE WANT TO PREVENT BURNING IN THE CITY OF PALM BAY.

WE WANT YOU TO BRING YOUR LAND CLEARING DEBRIS TO THIS SITE, HAVE IT MULCHED AND RECYCLED RATHER THAN BURNED ON THE PROPERTY WHERE YOU'RE DOING A LARGE DEVELOPMENT, EITHER IN THE CITY LIMITS OR IN THE COUNTY, THAT NEXT TO THE CITY LIMITS, WHICH THEY DO, YOU CAN YOU CAN BURN. YOU JUST GOT TO GET APPROVAL FROM THE DIVISION OF FORESTRY.

BUT A LOT OF DEVELOPMENTS DO BURN THEIR THEIR LAND CLEARING DEBRIS ON SITE.

SO WE WANT TO PREVENT THAT AS WELL. ALL RIGHT.

ANY OTHER QUESTIONS? ONE QUESTION FOR STAFF REGARDING IMPACT FEES.

WOULD THERE BE IMPACT FEES ASSOCIATED WITH THIS DEVELOPMENT? THERE WILL BE. IT'S JUST WE DON'T KNOW UNTIL THE SITE PLAN MOVES FORWARD.

AND THEN THEY'LL DO A TRAFFIC STUDY AND THEY'LL HAVE TO PAY THE TYPICAL IMPACT FEES THAT ARE REQUIRED FOR A OPERATION OF THIS SIZE.

THANK YOU. AND WHATEVER TRAFFIC THEY GENERATE.

THANK YOU VERY MUCH. ALL RIGHT. THANK YOU VERY MUCH.

THANK YOU. WITH THAT, WE'RE GOING TO OPEN THE PUBLIC HEARING.

IS THERE ANY MEMBER OF THE AUDIENCE THAT WOULD LIKE TO COME FORWARD AND SPEAK IN FAVOR OF THIS APPLICATION? SEEING NONE FOR ANY OF THE PUBLIC THAT WOULD LIKE TO COME FORWARD TO SPEAK AGAINST THIS APPLICATION, I DECIDED I WANT TO DO MY PRESENTATION ON THE FIRST ONE.

PLEASE. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME IS VERNON DENZLER, 1185 DEERFIELD STREET SOUTHEAST.

DIRECTLY IMPACTED HERE. THIS IS BASICALLY IN MY BACKYARD.

DO YOU WANT TO START OVER OR FORWARD AND BACKWARD? OKAY. OKAY, SO FIRST OF ALL YOU HEARD A LOT OF REALLY COOL THINGS.

A LOT OF GREAT THINGS. I UNDERSTAND THE CITY REALLY WOULD LOVE TO HAVE A PLACE TO DUMP THEIR STUFF.

NUMBER ONE QUESTION OUT OF YOUR MIND HAS GOT TO BE WHAT'S WRONG WITH THE PLACE THEY'RE IN NOW? WHY ARE WE MOVING IT? SO THIS THING IS GOING TO BE HORRIBLE FOR THIS CITY.

AND A DANGER TO ALL OF US AND ALL OUR PROPERTIES.

FIRST OF ALL, THIS WHOLE AREA IS FORESTED WETLAND.

SOME OF IT DOES IMPACT SAINT JOHNS RIVER. SO IT WILL BE THERE WILL BE RUNOFF GOING INTO THE INTO SAINT JOHN'S OFF OF THIS.

IT CAN POSSIBLY CONTAMINATE ALL OF OUR WELLS BECAUSE WE ALL HAVE WELLS IN THAT AREA.

WHAT HAPPENS IN A HURRICANE? THEY'VE GOT ALL THIS DEBRIS OUT THERE.

IT STARTS BLOWING. IT'S NOW GOING TO BLOW INTO RESIDENTIAL NEIGHBORHOODS.

THE NOISE LEVEL. NO WAY THAT THEY'RE EVER GOING TO KEEP THAT CHIPPER SHREDDER WITHIN THE NOISE ORDINANCE.

NOT EVEN CLOSE. THOSE THINGS ARE OVER 110DB. IT DOESN'T DROP OFF IN 100FT.

AND THEN THE DUST. SO LET'S TALK A LITTLE BIT ABOUT THE PERMITTING AND DEP.

THIS IS THEIR PERMIT. AND SO I KNOW IT'S A LITTLE HARD TO READ.

THEY GOT THIS THEIR PERMIT APPROVAL IN 2023.

TOP RATE WHERE THEY'RE OPERATING TODAY. THIS IS MAY 6TH, 2023.

THEY GOT THE PERMIT IN JULY. THEY WERE OPERATING ILLEGALLY, AT LEAST FROM THIS POINT BECAUSE I TOOK THESE PICTURES ON MAY 6TH.

AND THERE'S THE PROOF. I TOOK IT ON MAY 6TH BECAUSE THAT'S THE DATE OFF OF MY ICLOUD PICTURES.

AS YOU CAN SEE FROM THIS, THERE'S ALREADY A BUNCH OF STUFF THERE.

THIS IS A GOOGLE EARTH IMAGE FROM 2019. THERE'S THEIR START OF WHAT THEY WERE DOING.

THEY'VE BEEN AT LEAST ILLEGALLY OPERATING SINCE 2019.

HERE'S A NOTICE OF NONCOMPLIANCE. I DON'T KNOW IF YOU GUYS REMEMBER THE BIG FIRE THAT WE HAD OFF OF ADS ROAD.

SPONTANEOUS COMBUSTION FIRE TOOK THREE DAYS TO PUT OUT.

PALM BAY HAD TO GO HELP MALABAR. GUESS WHERE THAT WAS? THEIR CURRENT FACILITY. THEY GOT A NOTICE OF NONCOMPLIANCE FROM DEP BECAUSE THEY DIDN'T REPORT THE FIRE.

THERE'S THE FIRE. YOU CAN SEE THE DEBRIS IS HIGHER THAN THE FIRE TRUCK LADDERS.

[01:15:11]

GO LOOK AT THE STORY WITH THE VIDEO FROM WHEN THIS HAPPENED.

LESS THAN A YEAR. OPERATION. THEY ALREADY HAD A FIRE. ALL OF THIS, LIKE I SAID, IS FORESTED WETLANDS.

THERE'S TREES. THERE'S A LOT OF WILDLIFE OUT THERE.

IF THEY HAVE THE KIND OF FIRE THAT THEY HAD AT THIS OTHER FACILITY BACK HERE, YOU'RE GOING TO WIPE OUT THAT ENTIRE FOREST.

WE'VE ALREADY HAD FOREST FIRES BACK THERE A FEW YEARS AGO.

YOU'RE GOING TO WIPE ALL THIS OUT AND YOU'RE GOING TO THREATEN OUR HOUSES AND OUR LIVES.

THEN THEY HAD ANOTHER FIRE. THEY DID REPORT THAT ONE, THOUGH.

SO THAT'S TWO FIRES NOW FROM SPONTANEOUS COMBUSTION BECAUSE THEY'RE NOT ROTATING THE PILES PROPERLY.

THIS IS WHAT THE CURRENT OPERATION LOOKS LIKE TODAY.

THE REASON THEY'RE NOT GETTING. WELL, THEY PROBABLY ARE GETTING COMPLAINTS.

THE REASON THAT IT'S NOT THAT BIG OF A DEAL, THAT SECTION EIGHT HOUSING OVER THERE.

THOSE PEOPLE AREN'T COMPLAINING. THEY'RE AFRAID TO COMPLAIN.

THAT'S WHO THEY'RE UP AGAINST RIGHT NOW. TODAY.

NOW THEY'RE GOING TO MOVE THIS OPERATION WITH ALL THE STUFF THAT APPARENTLY, SUPPOSEDLY, THEY CAN'T GET IT OUT OF THE MULCH OUT OF THERE FAST ENOUGH.

EXCEPT THAT THIS IS A RECENT PICTURE AND YOU CAN SEE THE PILES OF MULCH.

WHICH BRINGS ME TO ANOTHER THING THEY ARE SUPPOSED TO FILL OUT EVERY YEAR TO SEE HOW MUCH MATERIAL COMES IN, HOW MUCH GOES OUT AS RECYCLED MATERIAL IN THEIR LAST UPDATE FOR THEIR RENEWAL FOR THE LICENSE.

INSTEAD OF USING THE 2023 NUMBERS, THEY USED NUMBERS FROM 2022 AND SAID ZERO CAME IN AND ZERO CAME OUT.

I STILL HAVE TO CALL DP AND ASK WHY THAT WAS ALLOWED.

WE KNOW MATERIAL CAME IN AND OUT. I'VE GOT PICTURES OF IT.

SO WHAT WE HAVE IS WE HAVE THEM SAYING THEY'RE GOING TO DO ALL THESE GREAT THINGS, THEY'RE GOING TO PROTECT THESE WETLANDS, WHICH THEY'RE GOING TO MODIFY THEM, THEY'RE GOING TO DESTROY SOME AND MODIFY OTHERS.

NOT LIKE FOR LIKE. AND WE'RE SUPPOSED TO JUST TRUST THEM.

AND OUR BIG CONCERN IS BESIDES THAT, THE WHOLE THING WE THINK SHOULD BE SHOULD NOT BE APPROVED.

BUT LET'S SAY THIS ZONING CHANGES AND THEN WHEN YOU CHANGE THAT ZONING, SOMETHING HAPPENS.

THEY DON'T GET THE APPROVAL FROM DEP OR, YOU KNOW, FROM SAINT JOHN'S TO DO THE WETLANDS MITIGATION.

NOW IT'S BEEN REZONED AND SHE CAN GO SELL THAT PROPERTY.

AND NOW WE HAVE WHAT WAS RESIDENTIAL PROTECTING US FROM THE INDUSTRIAL.

WELL, NOW NOT ONLY BE LIGHT INDUSTRIAL, WHICH IS WHAT IT IS CURRENTLY.

THEY'RE ASKING FOR BE INDUSTRIAL, I GUESS, NOW SO WE CAN HAVE AN INDUSTRIAL PARK PUT RIGHT UP AGAINST OUR PROPERTIES.

WE LIVE IN PARADISE RIGHT NOW. IT IS SOME OF THE FEW PROTECTED LANDS LEFT.

WE'VE GOT CYPRESS TREES. YEAH. BOBCATS. WOLVES WEREN'T OUR.

MOST OF OUR AREAS ARE RURAL, RESIDENTIAL. SIR, I'M GOING TO ASK YOU TO WRAP IT UP THE NEXT MINUTE OR SO.

OKAY, SO JUST THINK ABOUT THE IMPACT WHAT YOU'RE DOING TO PEOPLE'S LIVES IF YOU REALLY WANT TO DO THIS.

IF THIS IS A GREAT IDEA, SWAP LAND WITH THEM.

DO SOMETHING OUT IN THE COMPOUND WHERE THERE REALLY IS NOBODY.

THANK YOU VERY MUCH. ANY OTHER MEMBER OF THE PUBLIC THAT WOULD LIKE TO COME FORWARD AND SPEAK AGAINST THIS? I'M JUST GOING TO LET YOU GUYS KNOW THAT PROBABLY GOING TO LIMIT YOU GUYS TO ABOUT FIVE MINUTES EACH.

I HAVE SOME BROCHURES HERE ON HEALTH HAZARDS FOR THIS OPERATION.

CAN I PASS A FEW OF THESE OUT? YOU CAN HAND THEM TO ME AND I'LL HAND THEM DOWN THE BOARD AND KIND OF LOOSELY.

YOU CAN LEAF THROUGH THEM EASILY. OKAY. THANK YOU.

AND I'M GOING TO APPLY SOME STUDIES ON SO-CALLED GREEN RECYCLING BUSINESS, WHICH IS A DIRTY BUSINESS. AND IF YOU WANT TO LOOK AT A DIRTY BUSINESS, ALL YOU HAVE TO DO IS GO IN TO SARNO ROAD AND SEE THE RECYCLING CENTER THERE. AND THAT'LL GIVE YOU A GOOD PICTURE OF WHAT IT LOOKS LIKE.

THE MACHINERY USED IN THAT OPERATION IS RUNNING EIGHT HOURS A DAY, AND IT'S MADE UP OF A DIESEL MACHINERY, PROBABLY 4 OR 5 MACHINES RUNNING STEADY ALL DAY.

[01:20:04]

AND IT KIND OF COVERS A LARGE AREA, AS VERNE MENTIONED.

THOSE PEOPLE THAT LIVE IN THAT SECTION EIGHT HOUSING, THEY HAVE NOWHERE TO GO.

THEY PUT UP WITH THAT. AND IT'S A IT'S A SERIOUS HEALTH ISSUE, NOT TO MENTION THE NOISE LEVELS. AND THESE MULCHING OPERATIONS ARE UNREGULATED. YOU CAN GET MULCH OR YOU CAN GET PRESSURE TREATED WOOD.

IT WILL STILL BE UNREGULATED WHEN IT COMES IN.

YOU CAN COME IN FROM NORTH CAROLINA, AND THEY ARE ALWAYS LOOKING FOR PLACES TO GET RID OF BAD WOOD OR TREATED WOOD.

IT DOESN'T HAVE TO COME FROM PALM BAY. IT CAN COME FROM ANYWHERE.

AND THE MULCHING OPERATIONS, WHAT THEY DO IS WHEN THEY MULCH THE THE WOOD AND THEY STORE IT, AS VERN EXPLAINED, THE FIRES THEY HAVE, IT'S SPONTANEOUS COMBUSTION, COMBUSTION AND ALSO BREEDS BACTERIA. AND IT'S A SERIOUS HEALTH ISSUE FOR THE WHOLE AREA.

AND THAT WHOLE AREA OF PALM BAY HAS GOT HAS GOT A GREAT AREA OF SINGLE FAMILY HOMES AND IT KEEPS GROWING.

IT'S A NICE AREA AND I DON'T BELIEVE THAT IT WOULD BE AN ASSET TO HAVE A DIRTY INDUSTRIAL BUSINESS LIKE THAT IN THE AREA. NOT TO MENTION THE TRAFFIC OR TO HAVE A DISPOSAL AREA TO BRING IN WOOD FROM ANYWHERE IN THE STATE.

IT'S UNREGULATED. IT'S AN UNREGULATED BUSINESS.

AND THE HOMES IN THAT AREA MY HOME ABUTS WHERE VERNA IS, AND WE ALL WE DO, WE ALL DO HAVE WELLS. AND IN THE GENERAL MULCHING OPERATIONS, THOSE ARE PRISTINE FORESTS THAT WE BUY THE WE BUY MULCH WITH. LIKE WE GO TO HOME DEPOT OR ANYWHERE.

YOU GET IT FROM DIFFERENT SPECIES OF WOOD AND IT'S, IT'S IT'S MULCHED IN AND IT CAN BE PINE OR ANYTHING, BUT IT'S, IT'S NOT MULCH THAT YOU GET. WHAT THAT WHAT THEY'RE TALKING ABOUT.

WHAT THEY'RE TALKING ABOUT IS THEY TAKE THAT MULCH AND THEY USE IT TO BURN IT, BURN IT TO MAKE ELECTRICITY.

AND WHEN THEY SPEW IT INTO THE FURNACES, THEY MIX IT WITH A FUEL OIL TO MAKE IT BURN.

SO THAT'S THAT'S A BIG PORTION OF THEIR BUSINESS.

SO THERE'S NOTHING GREEN OR CLEAN ABOUT THIS WHOLE OPERATION.

IT'S A DIRTY BUSINESS. AND THE REASON I KNOW A LITTLE BIT ABOUT IT, I COME FROM AREAS WHERE IT'S IT'S BEEN IN IN PROCESS FOR A LONG TIME.

YOU KNOW, I LIVE I LIVE WITH A SOME OF MY LIFE IN THE STATE OF MAINE, BUT THROUGH THE CAROLINAS AND WHERE THEY HAVE THESE BUSINESSES, THEY ARE GENERALLY A LONG WAYS FROM ANY HOMES.

THEY'RE IN LARGE TRACTS OF LAND, YOU KNOW, 2 OR 300 ACRES, OR THEY MAY HAVE HOMES NOW, BUT IT'S AN INDUSTRIAL BUSINESS THAT'S ALWAYS HAD ISSUES BECAUSE OF THE HEALTH HAZARDS ASSOCIATED WITH THE PAPER MILLS, ESPECIALLY YOU KNOW I GENERALLY CLOSE TO THESE OPERATIONS, YOU KNOW.

SO I'M GOING TO ASK YOU TO WRAP UP YOUR COMMENTS, SIR.

MY TIME IS UP. YEAH. OKAY. DID YOU STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD? YEAH, I'M VITALY BRUNZELL IN 1585 OAKFIELD AVENUE SOUTHEAST.

THANK YOU SIR, THANKS TO VERNON. THANK YOU SIR.

OKAY. IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK AGAINST.

YES, MA'AM. GENTLEMEN, I AM RACHEL DENZLER. I LIVE AT 1185 DEERFIELD STREET, SOUTHEAST PALM BAY, FLORIDA 32909. THANK YOU. I'M CONCERNED FOR MY HEALTH.

THE DEBRIS. YOU'RE A HEALTH CARE PROVIDER. WHAT WOULD YOU FEEL IF YOU HAD MULCH THAT YOU WERE BREATHING IN? HOW ABOUT IF YOU'RE WELL, WATER GETS CONTAMINATED. I'M REALLY SCARED THERE'S GOING TO BE A FIRE.

I WAS DRIVING THROUGH THAT SMOKE TO WORK EVERY DAY, AND I'M LIKE, THAT IS THE COMPANY THAT WANTS TO MOVE IN NEXT TO MY HOUSE.

THAT SMOKE WAS THERE FOR A WHILE. OUR PALM BAY RESOURCES WE HAD TO PAY TO PUT OUT THAT FIRE.

AND IT WASN'T EVEN IN PALM BAY. AND THEN ALL OF OUR CITIZENS THAT WERE IMPACTED.

[01:25:05]

I HAVE PETS TO THINK ABOUT WHAT'S GOING TO HAPPEN TO THEM.

WE'RE GOING TO END UP GETTING CANCER OR SOMETHING. SO PLEASE THINK ABOUT THE CITIZENS.

YOU'RE HERE FOR THE CITIZENS AND THIS IS NOT A CLEAN BUSINESS.

SO THANK YOU FOR YOUR TIME. THANK YOU. ANYBODY ELSE THAT WOULD LIKE TO COME FORWARD AND SPEAK? MARY ANN GOODIN, 1591 OAKFIELD AVE, SOUTHEAST.

ANYWHERE TO THE SOUTH. EVERYTHING THAT THEY SAID, AND ALSO WHAT HAS NOT BEEN BROUGHT UP, IS CHILDREN.

THERE ARE THREE SCHOOLS WITHIN MILES OF THIS FACILITY OUT AT RECESS.

SO WHILE THIS MACHINE IS RUNNING, I DON'T CARE IF THEY SAY THERE'S NOT GOING TO BE DUST, THERE'S GOING TO BE DUST.

ACCORDING TO THAT PILE THAT THEY SHOWED THAT DUST CAN BE AIRBORNE WITH THE PREVAILING WINDS.

SO NOT ONLY THE CHILDREN, BUT THE TEACHERS AS WELL.

OUT AT RECESS, WE HAVE COLUMBIA ELEMENTARY, PALM BAY ACADEMY, AND PALM BAY CHARTER SCHOOL ALL WITHIN THAT SMALL LITTLE AREA.

THESE ARE OUR CHILDREN THAT COULD BE BREATHING IN EVEN IF THE DUST ISN'T TOXIC.

I BELIEVE THAT IT WOULD BE. HOW ARE THEY GOING TO TAKE THESE TRUCKLOADS OF DEBRIS, EVEN IF IT'S HURRICANE DEBRIS.

WE'VE SEEN PEOPLE THAT PUT OUT THEIR FENCE WHEN THEY FLEW DOWN WITH THE HURRICANE.

ARE THEY REALLY GOING TO SORT THROUGH THAT PRESSURE TREATED WOOD, THE FENCE OTHER THAN THE TREES AND THE SHRUBS THAT'S GOING TO BE AIRBORNE, THAT'S GOING TO AFFECT ALL OF US, OUR WATER, OUR CHILDREN.

WE HAVE A BEAUTIFUL BACKYARD WITH A POOL. AND JUST PICTURE YOURSELVES BEING AT HOME ON A ON A FRIDAY.

IT'S DURING THE SUMMER. YOU HAVE SOME PEOPLE OVER THAT NOISE.

WE CAN HEAR. 95 FROM OUR HOMES. AND THEY'RE SAYING THAT WE'RE NOT GOING TO HEAR THESE MACHINES RUNNING.

OF COURSE WE ARE. HOW WERE YOU SUPPOSED TO ENJOY YOUR BACKYARD WITH A DUSTY.

WITH THE PREVAILING WINDS AND THE NOISE? BUT MOST OF ALL, MY CONCERN IS THE CHILDREN AND, I GUESS THE ELDERLY. IT'S COMPROMISED LUNGS, I BELIEVE MIKE PUT SOME INFORMATION IN THE PAMPHLETS WITH THE.

YEAH. SO THAT'S ALL I HAVE TO SAY. BUT THOSE SCHOOLS NOT GOOD FOR THE KIDS.

THANK YOU MA'AM. ANYBODY ELSE FROM THE PUBLIC THAT WOULD LIKE TO COME FORWARD AND SPEAK? BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

I'M IN A DILEMMA ON THIS ONE BECAUSE I SEE THE BENEFIT THAT CAN BE THERE.

I ALSO UNDERSTAND THE CONCERNS WITH THE WITH THE RESIDENTS.

RIGHT. THE FIRST. SO I HAVE FIVE ITEMS I'D LIKE TO GET ON THE BACK OF THE AGENDA HERE.

THE FIRST ONE IS THE COMPREHENSIVE PLAN CHANGING? I UNDERSTAND THAT A COMP PLAN. WE WENT THROUGH A WHOLE LOT OF TROUBLE TO GET TO GET IT WHERE IT IS, BUT SUPPOSEDLY IT'S A LIVING DOCUMENT. BUT IF WE CHANGE THE ZONING NOW, LIKE THE INDIVIDUAL SAID, IF WE CHANGE IT NOW, IT'S LOCKED IN THERE AGAIN.

SO I'M I'M ALWAYS AGAINST THE COMPREHENSIVE PLAN CHANGING.

THAT'S NUMBER ONE. NUMBER TWO, IF YOU DO GO TO THE LANDFILL, THERE'S DEFINITELY A SMELL ASSOCIATED WITH THE MULCH.

THERE'S THERE'S NO WAY AROUND THAT. BUT IF THEY'RE SUPPOSEDLY TAKING IT IN AND OUT ON A, ON A RETURN BASIS, LIKE THEY'RE TALKING ABOUT GETTING IT IMMEDIATELY FROM THEIR SITE TO THE POWER PLANTS, THAT'S A GOOD THING.

THAT'S THAT'S WHAT WE WANT TO SEE. BUT IF THAT DOESN'T HAPPEN, THEN YOU'VE GOT THE PROBLEM.

SO IT'S A GIVE AND TAKE. THE NEXT ONE WAS IS THIS GOING TO BE A PUBLIC DROP OFF OF OF A GREEN GREEN MULCH MATERIAL. OR IS IT GOING TO BE PRIVATE DROP OFF.

IF IT'S PRIVATE THEN THEY MIGHT HAVE SOME RECOGNITION OF WHAT'S COMING IN AND GOING OUT.

BUT IF IT'S OPEN TO PUBLIC, PEOPLE ARE GOING TO BE TRYING TO SLIP ANYTHING AND EVERYTHING INTO THERE, ALONG WITH THE METAL MIXED IN WITH THEIR YARD WASTE, AND THAT CREATES HATE AND DISCONTENT FOR THEM.

THE NEXT QUESTION WAS, AFTER MULCHING, WHERE IS IT GOING? TO WHICH POWER PLANT ARE WE TRACKING FOR THOUSANDS OF MILES TO GET IT OUT OF THE STATE OF FLORIDA USING? OR IS IT GOING LOCALLY FOR POWER PLANTS? LOCAL.

THAT'S WHAT THE QUESTION IS. AND THEN HOW LONG DOES IT STAY ON SITE BEFORE IT GETS TO THE POWER PLANT? RIGHT. AND DID WE SEE THIS BEING PRESENTED BEFORE ONE TIME? I'M, YOU KNOW, I'M I'M GETTING OLDER AND I DON'T REMEMBER, BUT I THINK A COUPLE OF YEARS AGO WE HAD THIS PRESENTED WAS IT TURNED DOWN PREVIOUSLY.

[01:30:02]

RIGHT. THE NEXT ONE IS RUNOFF INTO THE WETLANDS.

LIKE THEY'RE TALKING ABOUT A MODIFICATION OF THE WETLANDS.

SINCE WE ONLY HAVE SO MUCH PROTECTED AREA THAT WE HAVE TO SEE ABOUT TRYING TO PROTECT IT IF THEIR BARRIERS AND PROTECTION DEVICE MECHANISMS ARE SECURE AND SOUND, THEN I UNDERSTAND INDUSTRIAL COMING IN WHERE WE NEED INDUSTRIAL FOR THE CITY.

I'M JUST A LITTLE BIT CONCERNED THAT IF IT GETS OUT OF CONTROL, WE'VE LOST SOMETHING IN A IN AN AREA, INSTEAD OF HAVING THE INDUSTRIAL BENEFIT THAT WE HAVE WANTING TO COME TO THE CITY.

SO IF THEY COULD FIND SOME MECHANISM THAT SAYS, YEAH, WE CAN MEET EVERY ONE OF THE CRITERIAS, ALL THE SAFETY FEATURES THAT ARE NECESSARY, THEN THAT PRESENTS A LITTLE BIT BETTER TASTE IN MY MOUTH.

BUT IF THEY CAN'T PROVIDE THAT, THEN IT LEAVES A BAD TASTE FOR ME.

I UNDERSTAND THAT THEY HAVE THE POTENTIAL TO DO GOOD FOR SUSTAINABILITY, BUT THEY ALSO HAVE THE POTENTIAL TO DO BAD.

AND I'M NOT SURE HOW THEIR BUSINESS PLAN IS GOING TO BE WRITTEN, BUT JUDGING BY THE PICTURES THAT I'VE JUST SEEN, IT SEEMS A LITTLE BIT LAX TO ME. BUT THEY HAVE A GOOD REPUTATION IN THEIR BUSINESS PER SE.

SO I'M HOPING THAT THAT WILL CARRY OVER IF THEY MOVE INTO THE CITY OF PALM BAY, THAT THAT REPUTATION COMES WITH THEM AND THEY MAKE IT A SOUND BUSINESS INSTEAD OF A SHADY BUSINESS. THANK YOU VERY MUCH. THANK YOU. ANYBODY ELSE? GOOD AFTERNOON. OH, GOOD EVENING, MA'AM. MY NAME IS ELLA AUSTIN, AND I'M AT 1599 OAKFIELD AVENUE SOUTHEAST. I WAS VERY HAPPY THAT I HAD THIS ENGINEERS HERE TO FIGHT THE BATTLE, BECAUSE I HONESTLY DIDN'T KNOW ANYTHING ABOUT THIS. BUT I LIVE CLOSER TO EVERYBODY ELSE, TO THE PROPERTY.

AND I ALSO HAVE FIVE ACRES. BECAUSE THAT IS JUST THERE DOING NOTHING.

AND AT THIS POINT I DO NOT KNOW WHAT TO DO WITH IT BECAUSE NOBODY IS GOING TO BUY IT WITH WHAT IS COMING HERE.

THE GENTLEMAN SAID THAT THEY ARE THEY'RE GOING TO KEEP THE FAR LEFT UNTOUCHED.

NO, I'M PART OF THAT FAR LEFT. AND WHAT I'M HEARING ABOUT THE SMELL AND THE NOISE AND SO ON, WE ARE VERY CLOSE TO THAT PROPERTY. SO WE ARE GOING TO BE NOT FAR LEFT, BUT CLOSE ENOUGH THAT IT'S GOING TO AFFECT US. THE SMELL.

AS THE GENTLEMAN HAS TALKED ABOUT THE BURN, WE NOTICE THAT FIRE.

AND IF THAT HAPPENS RIGHT IN OUR BACKYARD, OUR HOUSES ARE GONE.

WE ALL HAVE WELL WATER. WE DO NOT HAVE CITY WATER, SO THEREFORE OUR WATER IS GOING TO BE AFFECTED.

THE GENTLEMAN SAID THEY'RE GOING TO SHIP EVERYTHING RIGHT OUT.

THERE IS NO WAY THAT THEY WILL BE SHIPPING IT OUT.

IT'S GOING TO END UP THERE. AND WITH THAT HEAT AND EVERYTHING THAT'S GOING TO CAUSE FIRES.

WHERE ARE THEY GOING TO KEEP THE MULCH? THEY'RE GOING TO GET RID OF DO THE MULCH AND GET RID OF IT RIGHT AWAY.

I DON'T THINK SO. THE NOISE, AS FAR AS I UNDERSTOOD THE SMELL, THE NOISE.

I'M 83 YEARS OLD. I CANNOT TAKE ALL THESE SMELLS AND ALL THIS.

I'M. THANK GOD I CAN STILL WALK AND SO ON, BUT ALL THIS THING IS GOING TO AFFECT ME AND I MIGHT NOT SEE THE NEXT FIVE YEARS.

I REALLY DO NOT KNOW WHEN WHERE THEY'RE GOING TO START IT, BUT IF THEY START IT RIGHT AWAY, THEY'RE GOING TO KILL ME OFF BEFORE THE TIME.

I WOULD BE VERY HAPPY IF THIS THING DOESN'T COME IN OUR NEIGHBORHOOD.

YOU HAVE TO REMEMBER RIGHT NOW, ALL THESE BIG BUILDINGS ARE GOING UP IN PALM BAY.

NOW. WE HAVE A LITTLE AREA THAT I STILL HAVE WHERE WE CAN ENJOY THE LITTLE ACREAGE THAT WE HAVE.

BECAUSE RIGHT NOW, WHEN YOU BUILD, YOU CAN HEAR YOUR NEIGHBOR TALK NEXT DOOR.

SO BUT WE HAVE A LITTLE AREA, WE CAN STILL ENJOY IT.

SO PLEASE, WHEN YOU'RE MAKING YOUR DECISION, THINK OF US.

THANK YOU. THANK YOU MA'AM. ANYBODY FURTHER?

[01:35:10]

THANK YOU. I BELIEVE THAT WITH THIS PLAN AND WITH THE THOUSAND FOOT BUFFER THAT WE ARE THINKING OF THE RESIDENTS.

I DID WANT TO CLARIFY A COUPLE THINGS. I THINK THERE WAS SOME STATEMENTS THAT WERE MADE THAT MAY NOT BE CORRECT.

FIRST ONE, FIRST OF ALL, THE DEVELOPMENT THAT THIS.

SO THIS IS ALREADY EXISTING ON A PIECE OF PROPERTY IN THE TOWN OF MALABAR THAT DIRECTLY ABUTS A RESIDENTIAL DEVELOPMENT WITH NO BUFFERS WHATSOEVER.

THAT IS NOT SECTION EIGHT HOUSING, FOR ONE. I KNOW BECAUSE WE DID THE PROJECT THAT IS NOT SECTION EIGHT HOUSING.

I DON'T CARE WHAT ANYBODY SAYS. I KNOW FOR A FACT IT IS NOT.

THEY WANT TO MOVE HERE BECAUSE THEY OWN THIS PROPERTY. THEY'RE LEASING PROPERTY FROM DOCTOR CRONIN RIGHT NOW.

THEY WANT TO MOVE HERE BECAUSE THEY OWN IT. THE FIRE.

WE DON'T KNOW THE CAUSE OF IT. NOBODY KNOWS THE CAUSE OF IT.

WE HAVE OUR SUSPICIONS AS WELL AS THEY DO. BUT HERE IS A COPY OF BOTH THE TOWN OF MALABAR REPORT AND THE CITY OF PALM BAY REPORT.

AND NOWHERE DOES IT SAY IT WAS SPONTANEOUS COMBUSTION.

I CAN PASS THEM DOWN. THE HALL. THIS IS THE MALABAR COAST.

OKAY. THE CURRENT LOCATION HAS NO CITY WATER.

THE NEW LOCATION DOES. THEREFORE, THERE WILL BE HYDRANTS.

THE DEP REQUIREMENT IS THAT PILOTS HAVE TO BE SEPARATED TO ALLOW FIRE TRUCK ACCESS BETWEEN THE PILES.

YOU CAN'T JUST CREATE ONE HUGE PILE. YOU HAVE TO HAVE SEPARATION AT ALL TIMES.

YOU HAVE TO HAVE FIRE ACCESS THROUGH THE ENTIRE SITE.

AS A MATTER OF FACT. MAYBE BY A STROKE OF LUCK, THE DEP DID THEIR INSPECTION TODAY AND HERE'S THEIR RESULTS.

ON REQUEST. THEY CAME ON SITE UNANNOUNCED. FIRST COMMENT.

WELL MAINTAINED SITE. PRETTY MUCH EVERYTHING SAID.

GOOD. NO BURNING. NO ONE AUTHORIZED WASTE. PRETTY MUCH CLEAN BILL OF HEALTH. THAT'S FROM THE DEP. SO WE THINK THIS IS AN IMPROVEMENT BECAUSE NOT ONLY WILL WE NOW HAVE FIRE PROTECTION, BUT WE WILL HAVE 1000 FOOT BUFFER OF TREES THAT ARE PROBABLY 30, 40, 50FT TALL SEPARATING THIS DEVELOP THIS FACILITY FROM THE RESIDENTIAL DEVELOPMENT TO THE SOUTH.

IN BETWEEN THE OPERATIONS AND THAT 1000 FOOT BUFFER WILL BE A WET POND OVER 200FT WIDE.

THAT WILL PREVENT ANY FIRE FROM GETTING ANYWHERE NEAR THOSE WOODED AREAS.

AND WE WILL HAVE FIRE PROTECTION. I'M GOING TO LET MR. CRAM COME UP AND TALK ABOUT THE ACTUAL OPERATIONS, TO MAYBE TALK ABOUT SOME OF THE OTHER THINGS THAT WERE BROUGHT UP.

OKAY. GOOD EVENING.

I'M GOING TO TRY TO MAKE THIS AS SHORT AND SWEET AS POSSIBLE. THERE WAS A LOT OF YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. I LIVE AT 2640 SMITH LANE IN MALABAR.

OKAY. AND MY MOTHER LIVES AT 430 EAST AND FOREST.

SO DP CAME OUT TODAY. SOMEBODY MADE A MENTION THAT WE HAVE BEEN IN THIS PROPERTY SINCE 2019.

WE HAVE LEASED THIS PROPERTY IN 2022. SO THIS TYPE OF FACILITY OR OPERATION HAS EXISTED FOR MANY YEARS PRIOR TO NOT RELATED TO US AT ALL. THE BIG FIRE ISSUE. WE PUT OUT A REWARD.

WE BELIEVE IT WAS ARSON. FIRE DEPARTMENT MAY EVEN SAY IN THOSE REPORTS THAT THEY SAID THAT THERE WAS NOTHING THEY COULD DO, THAT WE DID A GREAT JOB AT DOING WHAT WE WERE DOING.

IT WAS A GREEN PILE THAT CAUGHT FIRE. SO IT WASN'T SPONTANEOUS COMBUSTION OF MULCH OR, YOU KNOW, WHATEVER ELSE. IT WAS GREEN, FRESH TREES THAT DON'T JUST CATCH FIRE.

AGAIN, WE USE MACHINES AND WE'RE ABLE TO SUSTAIN OR CONTROL THE FIRE WITH EASE.

IT DID TAKE THREE DAYS, BUT IT JUST HAS TO BURN OUT BECAUSE OF THE WAY THE TREES LAY WITH DIRT MIXED IN.

[01:40:03]

THEY'VE ACTUALLY CAME AND DONE SEMINARS WITH PEOPLE IN THE FIRE DEPARTMENT TO SHOW WHAT WE DID WITH THE EQUIPMENT TO CAUSE A FIRE, NOT TO SPREAD. HURRICANE. SO WE'VE WE AIDED PALM BAY IN THE HURRICANE CLEANUP.

WE ACTUALLY WERE RESPONSIBLE FOR THROUGH SERIES THE ENTIRE CLEANUP OF THE CITY.

WE BROUGHT ALL THE MATERIAL IN, WE MULCH MATERIAL.

WE SENT IT OUT. SO THIS IS A BENEFIT TO THE CITY.

AS FAR AS SAYING THAT THESE PEOPLE ARE SECTION EIGHT AND THEY JUST CAN'T COMPLAIN.

I BELIEVE THAT TO BE VERY UNFAIR. THERE'S NO FORMAL COMPLAINTS.

THEY'RE HUMANS, JUST LIKE WE ARE. THEY BREATHE IN THE SAME AIR THAT THEY'RE COMPLAINING ABOUT.

I BREATHE IT IN EVERY DAY. I CONSIDER MYSELF TO BE PRETTY HEALTHY WITH NO ISSUES.

TRAFFIC. THE CITY IS DESIGNED IN CERTAIN WAYS FOR DIVIDED HIGHWAYS, TRAFFIC SIGNALS, AND, YOU KNOW, ACTUAL INFRASTRUCTURE, WHICH THIS ALL HAS FOR THIS AREA.

BABCOCK IS A CROWDED ROAD. IT'S ALREADY BEING USED BY US.

BUT TRAFFIC SIGNALS ARE SOMETHING THAT MAKE IT BETTER.

RIGHT NOW, IT'S A VERY TOUGH CORNER ON CONVAIR.

THAT IS ROUGH FOR PALM BAY AND THE CITIZENS IN PALM BAY WITH A CENTRALIZED LOCATION, THE CHILDREN, THE SCHOOLS, THERE'S LESS TRUCKS DRIVING THROUGH THE STREETS. THERE'S LESS DAMAGE TO THE ROADS.

THERE'S LESS REPAIRS TO BE MADE, LESS ACCIDENTS THROUGHOUT THE ENTIRE CITY.

IT MAKES IT A SAFER ENVIRONMENT. UNFORTUNATELY NOT IN THE OPINION OF THE NOT IN MY BACKYARD PEOPLE.

CURRENTLY, THE FACILITY IS WITHIN RANGE OF THE SCHOOLS.

VERY SIMILAR TO WHAT IT WOULD BE FROM THE SCHOOL ON BABCOCK BY WACO AT 6500FT.

THE NEW FACILITY WILL BE 5000FT. SO WE'VE HAD NOT HAVE HAD A SINGLE COMPLAINT ABOUT DUST POLLUTION, CHILDREN, TEACHERS ANY OF THE ABOVE. SARNO ROAD IS A LANDFILL THAT IS TRASH.

ROTTING TRASH. IT'S YOUR TRASH FROM YOUR HOME GOES INTO A PILE.

THIS IS A COMPLETELY DIFFERENT OPERATION. WE WILL BE PROVIDING JOBS IN THE CITY FOR PEOPLE THAT WORK IN THE CITY.

PART OF PALM BAY IS WE WANT A PLACE TO GROW. THIS HELPS SELF-SUSTAINABILITY.

IT HELPS RESOURCES. WHEN A LARGE STORM COMES, I BET THESE PEOPLE WILL BE HAPPY TO GET RID OF THEIR STORM DEBRIS IF A MAJOR HURRICANE HITS. HURRICANES HAVE HIT. HAVE CAME. NO SHRAPNEL, NO DISPERSION OF LIMBS, NO DAMAGE.

THERE'S NO PROOF OF ANY OF THESE THINGS. THESE ARE ALL HEARSAY.

SOUND. BABCOCK IS. WE USE A DECIBEL METER, AND BABCOCK IS LOUDER FROM 100FT AWAY THAN OUR EQUIPMENT IS WITH AN ACTUAL DECIBEL METER. SO THAT'S NOT OPINIONS. THAT'S NOT. THAT'S A DECIBEL METER. IF YOU GO ON THE MANUFACTURER'S WEBSITE, THE MACHINE LARGER THAN OURS IS RATED AT 89DB, NOT 100.

NOT OVER 100. NOW, THAT'S THE MANUFACTURER'S WEBSITE FOR THE MACHINE THAT'S GREATER THAN OURS.

WE ARE ONLY AGAIN. WE'RE ONLY DOING GREEN WASTE.

SO NO CONSTRUCTION DEBRIS? NOTHING. NO CONCRETE.

NONE OF THE ABOVE TOXICITY. THE TELEPHONE POLES THAT ARE IN OUR YARDS ARE SOAKED IN CREOSOTE AND SUNK INTO THE GROUND.

ALL BY YOUR WELLS. I DON'T THINK IT GETS ANY MORE TOXIC IF, OTHER THAN CREOSOTE IN YOUR FRONT YARD, WHICH IS IN THE GROUND IN YOUR. WELL. JUST AN EXAMPLE THAT I THINK THERE'S SOME OVERZEALOUS COMPLAINTS.

99% OF THE MATERIAL WILL COME FROM MELBOURNE AND PALM BAY.

NOTHING IS TRUCKED IN FROM OTHER CITIES STATES.

IT'S PRIMARILY NEW CONSTRUCTION LAND CLEARING DEBRIS HERE IN TOWN.

IT IS OPEN TO THE PUBLIC WITH LANDSCAPERS, TREE SERVICES AND THOSE THINGS AS WELL.

THE GOAL IS TO GET THE MULCH OUT AS FAST AS WE CAN.

I ACTUALLY CALLED TRUCKS OFF FROM GETTING RID OF MOST TODAY BECAUSE THERE WAS NOT ENOUGH MULCH ON THE GROUND.

AT ONE POINT THERE WAS A LOT MORE MULCH ON THE GROUND.

PART OF NEW BUSINESS AND LEARNING BUSINESS. THIS IS THINGS THAT YOU LEARN AND HOW TO PROCESS, AND HOW TO WORK THROUGH THE MULCH THAT IS SOLD.

IT'S ACTUALLY SOLD TO PEOPLE THAT BAG IT FOR HOME DEPOT.

SO OUR MULCH IS INSIDE OF HOME DEPOT IS IN YOUR PLANTERS.

LET'S SEE. I THINK THAT PRETTY MUCH COVERS EVERYTHING I GOT.

OKAY. THANK YOU VERY MUCH. THANK YOU. WITH THAT, WE'RE GOING TO TAKE IT BACK TO THE BOARD.

DOES THE BOARD HAVE ANY QUESTIONS THAT THEY WOULD LIKE TO MAYBE DIRECTED STAFF? I SHOULD A QUICK ONE, JUST TO CLARIFY, THEY WOULD BE ACCESSING THEIR PROPERTY DIRECTLY THROUGH FROM BABCOCK.

RIGHT? THERE WOULD BE AN ACCESS ROAD FROM BABCOCK TO THE PROPERTY. CORRECT.

OKAY. I THINK RIGHT NOW WHAT WE'RE DISCUSSING IS THE COMPREHENSIVE PLAN CHANGE.

CORRECT? YEAH. THE MAP? IT'S THE MAP AMENDMENT.

OKAY. SO THE ACTUAL ACCESSING AND WHATNOT WOULD BE FURTHER ON ON OUR OUR FOLLOW UP.

[01:45:01]

JUST AN EXAMPLE. THANK YOU. NO PROBLEM. JUST, YOU KNOW, RIGHT NOW WHAT WE'RE TALKING ABOUT IS AMENDING OUR COMP PLAN, AND THEN WE CAN MOVE ON TO THE OTHER CONVERSATIONS IF WE'RE GOING TO HAVE THEM.

BUT YEAH, I THINK I THINK SOME OF THOSE COMMENTS AND QUESTIONS ARE IMPORTANT AS WE COME ALONG WITH IT.

I DO HAVE A QUESTION THOUGH FOR STAFF. SO SOME OF THE THE PICTURES AND THE FORMS THAT THEY JUST SUBMITTED OR THAT THEY JUST PUT IN, YOU ALL HAD ALREADY REVIEWED THOSE AND SAW THAT PICTURES OF THE OTHER SITE.

NO, SOME OF THE SOME OF THE PICTURES THAT YOU HAD, THE PICTURES THAT THEY JUST JUST SUBMIT IT INTO, INTO SOME SORT OF SOME OF THIS INFORMATION? YES, MA'AM.

SO YOU'VE ALREADY SEEN ALL THESE? IT'S JUST SUBMITTED, BUT IT WILL GO AS DOCUMENTATION TO CITY COUNCIL.

OKAY. SO TO ANSWER YOUR QUESTION, MR. WARNER, WE JUST SAW THE POWERPOINT AT THE SAME TIME YOU SAW THE POWERPOINT AND AND THE INFORMATION THAT YOU WERE PROVIDED BY MR. MOYA AND THE OWNER.

WE HAVE NOT LOOKED AT IF THAT'S YOUR. YES, MA'AM.

YEAH, THAT'S MY QUESTION. THAT'S THAT'S WHAT I WANT TO GET CLEAR ON.

THANK YOU. I DO HAVE A QUESTION FOR STAFF. HAS THERE BEEN A FIRE AT THIS SITE? NO. IT'S UNDEVELOPED. SO IT'S NOT BEING USED CURRENTLY FOR THESE OPERATIONS? NO, NOT AT ALL. OKAY. ALL RIGHT, WELL, I'LL ENTERTAIN A MOTION.

A MOTION TO DENY THE REQUEST. JUST FOR MY BACKGROUND, A COMMENT.

I WORK IN THE MELBOURNE AREA, VERY CLOSE TO THE SANO OPERATION.

I UNDERSTAND THERE IS A LANDFILL, BUT THERE ALSO IS A MULCHING OPERATION RIGHT NEXT DOOR. IT IS.

LOTS OF DEBRIS IS OUT ON THE ROAD, LOTS OF DUST IS OUT IN THE AREA.

AND IT IS CAUSING SOME OF THE CONCERNS THAT BRINGING BACK.

SO THAT'S MY MOTION. OKAY. IS THERE A SECOND? I'M SORRY I MISSED THE MOTION. HE MADE A MOTION TO DENY.

OKAY. SEEING NO MOTION. THIS THIS WILL FIRST. FIRST. YEAH. WE NEED WE NEED A SECOND.

OKAY, OKAY, WELL, WELL, THEN I'LL SECOND IT SO WE CAN CONTINUE THE DISCUSSION.

PLEASE GO AHEAD. YES, SIR. THANK YOU. SO WHILE I WAS GOING TO, BUT I GUESS I'M STILL.

I GUESS THE CLARITY IS STILL NOT UPFRONT AS TO WHAT'S PRESENTLY HAPPENING AT AT HERE ON THE SITE.

IT'S UNDEVELOPED. THERE'S NOTHING HAPPENING. SO THERE'S NOTHING. SO IT'S NOTHING GOING ON ON THE SITE AS WE, AS WE CURRENTLY. BUT NEXT DOOR TO THE SITE, THERE'S AN OPERATION THERE.

IS THAT CORRECT OR. NO. NO. THE SITE THAT THEY'RE DISCUSSING IS AT THE END OF CONVAIR.

IT'S OUTSIDE THE CITY OF PALM BAY. IT'S WITHIN THE CITY OF MALABAR.

AND TO BE NOTED, THEY DON'T HAVE ANY OF THE BUFFER REQUIREMENTS THAT WE HAVE OR FENCING USING THE PURPLE AREA IS NOT WITHIN CITY LIMITS.

NO. YES. ALL OF THIS IS CORRECT. HE ASKED ABOUT THE OTHER SITE THAT THEY'RE USING.

CORRECT. CORRECT. CORRECT. THAT'S. THAT'S NOT WITHIN CITY LIMITS.

THAT SITE BEING IN USE? YEAH. I BELIEVE THAT WAS A DIFFERENT SITE THAT IS CURRENTLY IN USE.

THAT'S THE MALABAR SITE. MALABAR. YEAH. OKAY.

OKAY. ALL RIGHT. OKAY. ALL RIGHT. ANY OTHER COMMENTS? SO THE MOTION ON THE TABLE RIGHT NOW IS TO DENY THE REQUEST THAT WAS MADE BY.

OH, LORD, LET ME GET THE NAMES WRONG. PATRICK MCNALLY.

OKAY. AND I SECOND IT SO THAT WE CAN FINISH OUR CONVERSATION.

SO THOSE WHO ARE IN FAVOR OF DENYING THE REQUEST SAY I.

OPPOSED. NAY. NAY. ALL RIGHT. AND A TIE. THE MOTION DIES.

DO WE HAVE ANOTHER MOTION? I MAKE A MOTION TO APPROVE THIS SITE.

IS THERE A SECOND? SECOND. OKAY.

[01:50:08]

MEMBERS, I DID. I'M HEARING THE PUBLIC'S COMPLAINTS HERE, AND I.

MR. MCNULTY, I UNDERSTAND YOUR YOUR COMPLAINT ABOUT THE SUMP ON THE DUMP ON SARNO.

THIS IS WOULD ONLY TO MY UNDERSTANDING, IT IS SHRUBBERY.

THERE IS NO PRESSURE TREATED WOOD OR ANY CONSTRUCTION MATERIAL.

AS YOU MAY KNOW, MR. MCNULTY, THE THE DUMP AT SARNO IS NEAR CAPACITY.

THAT DUMP WILL BE CLOSED VERY SOON, AND WE ARE LOOKING FOR OTHER PLACES TO DUMP OUR LAND MATERIALS AND OUR TRASH IN GENERAL AS THIS AS IT IS. THIS IS A CRITICAL NEED IN MY OPINION.

I BELIEVE MR. MOYER HAD SOME GREAT POINTS. I BELIEVE THAT THE THERE'S GOING TO HAVE TO BE SOME CONDITIONS WHICH WILL COME LATER ON.

HOWEVER, FOR THE ITEM THAT'S ON DISCUSSION, WHICH IS ITEM TWO REGARDING THE COMPREHENSIVE PLAN ASPECT I FEEL THAT IT IS APPROPRIATE.

SO I'M JUST GOING TO ADD TO THE CONVERSATION, YOU KNOW, A LOT OF TIME AND EFFORT WENT INTO THE COMP PLAN. THE PROPERTY OWNER DID PURCHASE THE PIECE OF PROPERTY KNOWING ITS ZONING AND ITS LIMITATIONS AT THE TIME OF PURCHASE.

YOU KNOW, YOU ACCEPT THE LIMITATIONS OF YOUR PROPERTY WHEN YOU WHEN YOU PURCHASE IT AND THE ZONING THAT GOES ALONG WITH IT.

SO I WILL BE VOTING AGAINST THE APPROVAL. YEAH.

I JUST A POINT OF CLARIFICATION. I'M NOT IN THAT BUSINESS.

I'M NOT IN THE LANDFILL. I'M NOT IN THE MULCHING BUSINESS. BUT I DRIVE BY IT EVERY DAY.

THERE ARE EVEN EVEN IF THEY'RE IF THEY'RE OPERATED, OPERATED UNDER THE SAME ENTITY, THEY ARE TWO DIFFERENT AREAS.

THERE IS THE ENTRANCE FOR A LANDFILL AND THERE IS AN ENTRANCE FOR A MULCHING PLACE. THE MULCHING PLACE HAS THEIR DISPLAYS UP FRONT.

OBVIOUSLY I DON'T KNOW IF THEY'RE RUN BY THE SAME THING. TWO DIFFERENT COMPANIES NOT PUTTING THAT IN QUESTION, BUT THEY ARE TWO SEPARATE.

THE LANDFILL IS HUNDREDS OF FEET OFF THE ROAD.

BEFORE YOU EVEN GET TO GET TO IT, YOU JUST WANT TO POINT THAT ONE OUT.

SECOND I'M NOT DISAGREEING THAT IT IS NOT A NEED.

I AM JUST DISAGREEING WHERE IT IS. PALM BAY IS 45 TO 50% BUILT OUT.

THERE ARE TONS OF AREAS THAT IT COULD GO. THERE WERE THERE WAS COMMENTS MADE THAT IT COULD BE SOMEWHERE THAT IS FAR AWAY.

SO THAT THAT'S JUST I WANTED TO CLARIFY THAT I AM NOT DISAGREEING TO THE NEED.

I'M DISAGREEING TO WHERE IT IS AND ALSO TO THE TO THE RESPECT TO THE COMPREHENSIVE PLAN.

IF YOU DON'T GET APPROVAL, THERE WAS A FAIR POINT MADE THAT NOW THAT IS JUST REZONED TO WHATEVER IT COULD BE.

AND THEN NOW THE RESIDENTS LOSE A CERTAIN SET OF CONTROL TO THEIR OWN DESTINIES.

SO I WILL CONTINUE TO DENY WITH THAT, WITH YOUR WITH YOUR ARGUMENT.

AS OF RIGHT NOW, IT IS, I BELIEVE, ZONED. WHAT'S THE CURRENT ZONING ON THAT STUFF? THE BACK PART CORRECT IS RS TWO SINGLE FAMILY RESIDENTIAL.

RS TWO AND HALF OF IT'S WETLANDS. SO IN REALITY, HOW MUCH CAN WE.

HOW MUCH CAN HOW MANY HOUSES CAN WE FIT ON? RS TWO, WITH HALF OF IT BEING WETLANDS AND TAKING AWAY ANOTHER 2,550% FOR UTILITIES AND ROADS AND EVERYTHING LIKE THAT. SO IT IT CAN'T THIS, THIS PROPERTY CANNOT BE DEVELOPED FOR RESIDENTIAL PERIOD.

IN ALL REALITY. WELL THAT'S THAT'S REALLY DIFFICULT TO TO ANSWER THAT BECAUSE YOU CAN FILL WELL IN, YOU CAN PUT A ROAD AND BUY ANOTHER PIECE OF PROPERTY.

AND SO NOW YOU'RE TALKING ABOUT NOW YOU'RE TALKING ABOUT FILLING IN WETLANDS, WHICH THIS APPLICANT IS SAYING THEY'RE NOT GOING TO FILL IN ANY WETLANDS.

THEY MAY TAKE A LITTLE BIT AWAY, BUT I DON'T THINK THAT MY STAFF CAN ANSWER THAT. NO I UNDERSTAND. I'M JUST PLAYING IT OUT.

I'M PLAYING IT OUT. IT HASN'T BEEN DEVELOPED YET, I BELIEVE, AS IT WAS PLATTED IN THAT SECTION.

I HAD HAD IT IN MY NOTES AT ONE POINT. THERE WERE 40 PARCELS IN THERE.

40? OKAY. YEAH. WHAT WOULD. INCLUDING THE WETLANDS, WHICH.

YEAH, EXACTLY. THAT'S WHAT THEY DID. RIGHT. WHICH IS DIFFERENT FROM TODAY.

FROM TODAY'S STANDARDS. THE PROPERTY IS UNDEVELOPABLE.

THAT'S THAT'S MY CASE IN POINT. SO I FEEL BEING THAT THE PROPERTY IS UNDEVELOPABLE.

THIS IS A SECOND BEST OPTION AND DEFINITELY A BETTER OPTION THAN A STORAGE FACILITY OR SOMETHING ELSE THAT THEY MAY TRY TO PUT ON THERE.

SO THAT IS MY MY ARGUMENT. I RESPECT YOURS AS WELL.

I DID WANT TO CLARIFY, THOUGH, THAT THE LANDFILL AND THE THE MALTING FACILITY THAT YOU'RE SPEAKING OF, OF SARNO ROAD. I DRIVE SONO ROAD. ALMOST NOT AS OFTEN AS YOU DO, BUT I DO DRIVE SONO ROAD AND WHEN I'M SMELLING TO ME IS TRASH GARBAGE, NOT ORGANIC MATTER. I WAS MORE CONCERNED ABOUT THE DEBRIS AND MULCH THAT IS IN THE ROAD FOR.

FOR A PERSONAL NOTE, I DRIVE A MOTORCYCLE AND IT'S DRIVING THROUGH A SANDBOX THROUGH A VERY CONGESTED SARNO ROAD.

I WAS LESS CONCERNED ABOUT THE LANDFILL. DOESN'T EVEN SMELL.

[01:55:03]

THERE IS PLENTY OF ARGUMENTS, BUT I KNOW THAT'S NOT CONTENTION RIGHT NOW.

OKAY. ANYTHING ELSE? I THINK I THINK THAT THE A LOT OF WHAT WE'RE DEALING WITH HERE ALSO IS THAT WE'RE NOT ONLY THE, THE WITH THE LAND CHANGE, WE'RE DEALING WITH THE CHANGING IT FROM LOW DENSITY RESIDENTIAL TO INDUSTRIAL.

SO AND MR. FILIBERTO'S POINT I'M SOMEWHAT AGREEING WITH THE FACT THAT CHANGING IT TO TO THE INDUSTRIAL ISN'T GOING TO, ISN'T GOING TO CHANGE, ISN'T GOING TO CHANGE ANYTHING.

NOW, I THINK WE'RE THE BIGGEST CONCERN IS GOING TO COME INTO IS GOING TO BE THE CONDITIONAL USE, WHICH WE'RE GOING TO BE GETTING TO LATER. I THINK THAT'S WHERE THE LARGER CONCERN FOR WHAT WE'RE TRYING TO DO IS REALLY GOING TO IS REALLY GOING TO MATTER.

SO AS FAR AS THAT LAND CHANGE AGAIN, WHERE I DIDN'T HAVE THE CLARITY AT FIRST WAS, IS THERE SOMETHING CURRENTLY HAPPENING ON THIS PROPERTY? BECAUSE IF IT'S CURRENTLY HAPPENING, THEN CHANGING IT OVER TO ANOTHER 15 ACRES JUST SIMPLY MEANS YOU'RE JUST GOING TO MOVE THE OPERATION 15 ACRES, 15 ACRES DEEPER. SO THAT'S THE WAY THAT'S THE WAY I WAS LOOKING AT IT AT FIRST.

SO TO CHANGE THE CODE, TO CHANGE IT FROM FROM LOW DENSITY RESIDENTIAL TO, TO LIGHT INDUSTRIAL OR OR TO INDUSTRIAL.

I HONESTLY DIDN'T SEE WHERE THAT WOULD BE A PROBLEM TO, ESPECIALLY SINCE THEY ALREADY OWNED THE PROPERTY.

THEY ALREADY OWN THE LAND. OKAY, BECAUSE THERE CAN BE SO MANY MORE USES FOR THE INDUSTRIAL PARK, WHICH WE'RE WHICH WE'RE TRYING TO GET BACK TO FOR THE CITY LIGHT INDUSTRIAL.

OKAY. WITH THOSE COMMENTS, WE'LL GO AHEAD AND MOVE TO A VOTE.

AGAIN, JUST TO CLARIFY, WHAT THE VOTE IS, IS THAT WE HAVE A MOTION ON THE TABLE THAT HAS BEEN SECONDED TO APPROVE THE COMPREHENSIVE PLAN CHANGE FROM LOW DENSITY, I'M SORRY, LOW DENSITY RESIDENTIAL TO INDUSTRIAL.

CORRECT. CORRECT. OKAY. ALL OF THOSE IN FAVOR, SAY AYE.

AYE. AYE. THOSE OPPOSED? I NAY, NAY. SORRY. THE MOTION DIES.

THIS IS WHY IT'S BENEFICIAL TO HAVE AN ODD NUMBER ON THE BOARD. THEREFORE, WE'RE IN A DEADLOCK.

PROCEEDS FORWARD TO COUNSEL WITH NO RECOMMENDATION.

HOW ABOUT. HOW ABOUT ITEMS THREE AND FOUR? I WAS GOING TO ASK, WHAT DO WE MOVE ON WITH? THREE AND FOUR? BECAUSE THERE'S NO RECOMMENDATION.

THOSE ARE ALSO YOUR RECOMMENDATION. RECOMMENDED.

RECOMMENDED TO THREE BODIES. SO THE MATTER SHOULD BE HEARD BECAUSE YOU'LL STILL BE YOU'LL STILL PRESENT A RECOMMENDATION. BECAUSE IN THE EVENT THAT THE CITY COUNCIL MOVES TO APPROVE THE LAND USE AMENDMENT, THE APPLICANT CAN THEN PROCEED FORWARD WITH THE REZONING AND THE CONDITIONAL USE APPROVAL.

THE APPLICANT MAY ALSO WISH TO, IF THE APPLICANT WISHES TO WITHDRAW THE REQUEST FOR THE REZONING AND THE CONDITIONAL USE APPROVAL AT THIS TIME, THAT'S THEIR THEIR PREROGATIVE. WELL, BECAUSE WE'RE NOT GOING TO BE ABLE TO VOTE ON EITHER ONE OF THEM BECAUSE WE DIDN'T.

WE'RE VOTING ON SOMETHING THAT CAN'T BE APPROVED.

IT'S GOING TO BE YOUR RECOMMENDATION IS GOING TO BE I MEAN, YOU'RE GOING TO BE CONDITIONAL OUT FOR THE SAKE OF WE HAD THIS WE HAD THIS OCCUR BEFORE WHERE WE HAD A, A, A A RECOMMENDATION OF DENIAL ON A LAND USE, BUT WE STILL HAD THE, THE CORRESPONDING CONCURRENT ONES.

THE APPLICANT WANTED TO MOVE FORWARD. YOUR RECOMMENDATIONS ARE GOING TO STILL BE CONTINGENT ON THE ACTION OF THE CITY COUNCIL.

OKAY. SO SO AT THIS POINT YOU WILL NOT HAVE AN INCONSISTENT RECOMMENDATION, OR WE MAY HAVE TWO TWO VOTES ON THE OTHER MATTERS MOVING FORWARD.

AND YOU'RE GOING TO GO UP TO CITY COUNCIL WITH NO RECOMMENDATIONS. WHAT I WOULD ADVISE AND RECOMMEND FOR THE FOR THE SAKE OF EFFICIENCY IS THAT YOU MAY SIMPLY MOVE FORWARD. THE CITIZEN COMMENTS THAT HAVE ALREADY BEEN HEARD ON THE CONCERNS, BECAUSE A LOT OF THOSE ARE GOING TO BE ALSO RELATED TO THE SAME SUBJECT MATTER OF THE REZONING, BECAUSE THEY WEREN'T SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENT.

THEY WERE MORE IN LINES TO THE USE. WE CAN ACCEPT THOSE AND MAKE THOSE AS PART OF THE RECORD OF THESE TWO SO THAT WE CAN GO ON.

SO WE'RE NOT HERE FOR ANOTHER THREE HOURS. YOU CAN DO THOSE AND ACCEPT THOSE COMMENTS AND MAKE THOSE PART OF THE THE RECORD.

UNLESS SOMEBODY HAS SOMETHING TO PRESENT THAT IS SPECIFIC TO THE SUBJECT MATTER, THAT IS THAT IS GOING TO BE HEARD SO THAT WE MOVE FORWARD AS WELL AS WHATEVER PRESENTATION THE APPLICANT IS GOING TO BE MADE, THAT IT BE SUBJECT TO THE THAT IT BE LIMITED TO THE SUBJECT MATTER, WHICH IN THIS CASE WOULD BE THE REZONING. ALL RIGHT.

AT THIS POINT IN TIME, WE'LL TAKE A MOMENT TO ASK THE APPLICANT. I'M GOING TO ASK THE APPLICANT IF YOU WOULD LIKE TO WITHDRAW YOUR OTHER TWO MOTIONS AT THIS POINT,

[02:00:01]

OKAY. ALL RIGHT. THE NEXT ITEM ON THE AGENDA IS CP Z2400007.

AND WE WILL HEAR FROM STAFF. OKAY. THIS IS THE COMPANION CASE TO THE PREVIOUS FUTURE LAND USE MAP AMENDMENT, AND IT IS A REQUEST FOR REZONING FROM AN RS TWO SINGLE FAMILY RESIDENTIAL TO LI LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT. THE THE SIZE, AGAIN IS JUST THE 15.4 ACRES. ONLY FOR THAT SOUTHERNMOST SECTION.

THE FUTURE LAND USE IS LOW DENSITY RESIDENTIAL.

THE CURRENT ZONING IS THE RS TWO SINGLE FAMILY RESIDENTIAL AND CURRENTLY UNDEVELOPED.

THESE CITIZENS PARTICIPATION MEETING WAS HELD IN SEPTEMBER.

AND IN NOVEMBER PURSUANT TO SECTION 172 .012 AND PUBLIC NOTIFICATION INCLUDED ADVERTISEMENTS MAILERS, AND POSTED NOTICES AS REQUIRED BY OUR CODE OF ORDINANCES AND WHAT BOARD ACTION IS NEEDED.

WE NEED THE PLANNING AND ZONING BOARD TO REVIEW THE APPLICATION AND MAKE A RECOMMENDATION BASED ON THE REVIEW CRITERIA IN SECTION 170 2.0 24E AND WHAT THAT SECTION PROVIDES IS THE FACTORS OF ANALYSIS AND OTHER APPLICABLE CODES ARE THE TABLE OF USES IN THE INDUSTRIAL DISTRICTS FROM 170 331 72.0024 ON CONDITIONAL USES, SECTION 174 .048 COVERS TREE AND LANDSCAPE RECYCLING.

AND. SO WE'VE DISCUSSED THAT THIS LET ME GO BACK TO THIS ONE. SO AGAIN WE'RE JUST TALKING ABOUT THE LAST THE BACK 15, 8.4 ACRES.

AND OF COURSE THERE'S THAT DELINEATED WETLAND BOUNDARY.

WHAT UPLAND BUFFERS REQUIRED WILL BE SET THROUGH SAINT JOHN'S, AND I'M JUST GOING A LITTLE BIT MORE OF THE REQUIREMENTS THAT, FOR THEIR SAINT JOHNS RIVER WATER MANAGEMENT DISTRICT REQUIRES A AN ERP ENVIRONMENTAL RESOURCE PERMIT.

AND SO PART OF THAT, FOR THE ABOUT A HALF ACRE WETLAND THAT'S AT THE NORTH SECTION AND IT'S ON THE PERIMETER.

AND FOR THE IMPACTS OF THAT, THEY WOULD PRESERVE THIS AND MITIGATION.

SO THEY WOULD REQUIRE THEY'LL SET THE BOUNDARY AND THEN IT WILL BE REQUIRED TO BE DEED RESTRICTED SO THAT THAT WILL BE SET AS, AS WETLAND CONSERVATION AREA WITH SAINT JOHN'S.

IT'S IN A CONTRACT WITH THEM. AND THEY'LL REQUIRE SIGNAGE AND SPECIAL FENCING FROM THE RESIDENTIAL PROPERTY.

AGAIN, THAT'S 250FT. ANY OTHER EQUIPMENT CAN OPERATE.

AND WITHIN OUTSIDE OF THAT FOOTPRINT FOR DEVELOPMENT AND USE THEY WILL NOT BE PERMITTED TO CLEAR UP TO THAT BOUNDARY.

WE WOULD REQUIRE THE PRESERVATION OF TREES IN THOSE AREAS WHERE IT'S NOT GOING TO BE DEVELOPED, AND THAT'S THAT. THE 100 INCLUDES THE 150FT THAT BORDERS THE INDUSTRIAL PROPERTY TO THE WEST AS WELL.

AND THEN, LIKE I SAID, TRAFFIC REPORT WILL BE REQUIRED.

AND LOOKING AT THIS, IT LOOKS LIKE THEY HAVE PLENTY OF ROOM FOR THE STACKING OF VEHICLES.

IF I KNOW HOW MUCH TRAFFIC THEY MAY GET, BUT IF IT'S DETERMINED FROM THE AMOUNT OF TRAFFIC, THEY MAY NEED MORE THE SO THE REQUEST AGAIN, IS TO CHANGE FROM LIGHT INDUSTRIAL WAREHOUSING TO ALLOW FOR THE TREE AND LANDSCAPE FACILITY, WHICH WILL ALSO REQUIRE A CONDITIONAL USE AND MUST ADHERE TO THE CRITERIA OF SECTION 174 .048 FOR THE SITE PLAN REVIEW AND ALL APPLICABLE CODES OF THE LAND DEVELOPMENT CODE. THE STAFF'S RECOMMENDATION IS TO APPROVE AN REQUESTED ACTION OF THE BOARD IS TO RECOMMEND TO THE CITY COUNCIL WHETHER TO APPROVE, APPROVE WITH CONDITIONS OR DENY THE APPLICANT'S REQUEST.

IT ALSO SHOULD BE NOTED THAT THAT OF COURSE, THE BOARD AND COUNCIL HAVE THE AUTHORITY AND THE RIGHT TO IMPOSE ANY ADDITIONAL AND JUSTIFIABLE SAFEGUARDS AND OR CONDITIONS TO ENSURE THAT THE FACILITY OPERATES SAFELY AND HARMONIOUSLY WITH ITS SURROUNDINGS.

THANK YOU VERY MUCH. AND WITH THAT, WE'LL ASK THE BOARD IF THEY HAVE ANY QUESTIONS OF STAFF.

[02:05:05]

THANK YOU, MR. CHAIRMAN. I REALLY DIDN'T HAVE MUCH MORE TO ADD.

TYPICALLY, WHEN WE PRESENT TO THIS BOARD, AS WELL AS OTHER BOARDS IN THE COUNTY AND THE OTHER CITIES, IS WE LUMP EVERYTHING IN TOGETHER AS THREE. YOU KNOW, IT'S THREE ITEMS. WE'VE PRETTY MUCH DISCUSSED ALL THE ISSUES I'M ON.

I USED TO BE ON THE PNC AT THE COUNTY. IF THE LAND USE FAILED, THE ZONING CAN'T.

YOU CAN'T RECOMMEND APPROVAL OF A ZONING THAT'S NOT COMPATIBLE WITH YOUR LAND USE. SO I PRETTY MUCH KNOW WHERE THIS BOAT IS GOING TO GO.

I MIGHT DISCUSS SOME MORE THINGS ABOUT THE CONDITIONAL USE IF YOU MOVE ON TO THAT, BECAUSE THAT'S WHERE WE CAN START TALKING ABOUT THINGS WE CAN DO AND START ADDING TO RESTRICTIONS TO THE TO THE FACILITY, SUCH AS LIKE CITY OF MELBOURNE DOES REQUIRE THAT YOU CLEAN THE STREETS ON A DAILY BASIS.

YOU CAN PUT THAT IN YOUR CONDITIONAL USE CONDITION IF THAT'S A CONCERN.

SO I'M GOING TO SAVE THAT. SO IF ANY OF THE RESIDENTS HAVE SOMETHING THAT THEY HAVE SOMETHING NEW THAT COMES UP.

I'LL COME BACK UP AND AND DISCUSS IT, BUT I DON'T HAVE ANYTHING NEW TO ADD.

THANK YOU VERY MUCH. WITH THAT, BEFORE I OPEN IT TO PUBLIC COMMENT, I'M JUST GOING TO SAY WE'LL TAKE THE ADVICE OF OUR ATTORNEY THAT A LOT OF THE COMMENTS THAT WERE MADE WERE NOT SPECIFIC TO CHANGING OUR COMPREHENSIVE PLAN.

THEY WERE CONCERNS RELATED TO THE USE OF THE PROPERTY THAT WOULD BE MORE SUITED FOR THE ZONING CONVERSATION, WHICH WE'RE HAVING NOW, AND EVEN THE CONDITIONAL USE THAT WOULD MOVE FORWARD.

THEREFORE, I WOULD ASK THE SECRETARY TO PLEASE MOVE THOSE COMMENTS FORWARD IN THE MINUTES SO THAT THEY ALIGN.

IF THERE IS A MEMBER OF THE PUBLIC THAT HAS SOMETHING NEW TO ADD TO THE CONVERSATION, THEN WE ENCOURAGE THAT.

BUT IF IT IS ALREADY BEEN SAID, WE WOULD ASK THAT YOU PLEASE HOLD THOSE COMMENTS.

WITH THAT BEING SAID, WE'LL OPEN IT TO PUBLIC COMMENT. ANYBODY WHO WOULD LIKE TO SPEAK IN FAVOR OF THE APPLICATION, PLEASE COME FORWARD.

SEEING NONE, WE'LL GO AHEAD. ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE APPLICATION, PLEASE COME FORWARD.

YEAH, JUST A QUICK THING. YOU'LL HAVE TO STATE YOUR NAME AND YOUR ADDRESS AGAIN, FOR THE RECORD.

VERNON DUNSTER, 1185 DEERFIELD STREET, SOUTHEAST PALM BAY.

IF YOU COULD BRING. NO. NOT MINE. THE THE ONE IN THE OTHER IN THE STAFF PRESENTATION THAT HAD THE WETLANDS ON IT.

OH, RIGHT. YES. YEAH. WE'VE WE'VE DONE THAT ONE.

OKAY. THANK YOU. ANYTHING. YOU WANT TO SEE THE WETLAND? YEAH. THE ONE THAT HAS THE. YEP, YEP.

OKAY, SO JUST TO CLARIFY ON THIS AND ONE OF THE STATEMENTS THAT MR. FILIBERTO MADE. SO AS YOU CAN SEE, THERE IS A LARGE PORTION OF THIS THAT IS NOT WETLANDS.

SO IF IT WERE TO STAY RESIDENTIAL, THERE ARE PLACES WHERE HOUSES COULD BE BUILT.

THERE'S ALSO THIS. EVEN THOUGH THEY HAVE THAT DELINEATION THERE, IT'S A PRETTY BROAD ONE.

NOBODY'S ACTUALLY. AT LEAST THEY MAY HAVE HAD ENVIRONMENTAL DONE, BUT YOU'D HAVE TO GET A FULL.

IF YOU OWNED A PIECE OF PROPERTY, YOU'D HAVE TO HAVE THE FULL ENVIRONMENTAL DONE TO SEE WHERE IF THERE'S ANY, YOU KNOW, UPLANDS IN THERE VERSUS WHAT'S OVER THE OVERALL MAP.

RIGHT. THERE'S THERE'S THE GSI MAPS THAT, THAT HAVE KIND OF A LINE THAT LOOKS LIKE WHAT THIS PROBABLY IS A KIND OF WHAT WE THINK THE LINE IS BASED ON SATELLITE AND STUFF VERSUS WHEN YOU HAVE AN ENVIRONMENTAL COMPANY LIKE ATLANTIC COME OUT AND AND HAVE TO DO THIS.

I'M VERY VERSED IN IT BECAUSE I HAD TO DO IT WITH MY PROPERTY BECAUSE A LOT OF MY PROPERTY IS WETLANDS, WHICH A LOT OF PEOPLE WOULD HAVE SAID YOU COULDN'T BUILD ON. I HAD ENOUGH TO BUILD A HOUSE ON AND STILL PRESERVE THOSE WETLANDS.

SO BY CHANGING THIS, WHAT YOU'RE GOING TO DO IS YOU'RE GOING TO SAY NONE OF THAT THAT COULD BE BUILT ON WITH SINGLE HOUSING CAN BE NOW IT'S GOING TO BE INDUSTRIAL. AND ALL THESE PEOPLE ON THIS OTHER SIDE HERE WHO HAVE RESIDENTIAL HOUSING ABUTTING THAT, YOU'VE JUST DESTROYED THEIR PROPERTY VALUE BECAUSE NOW WHAT WAS RESIDENTIAL IS NOW INDUSTRIAL.

SO THINK ABOUT THAT. THANK YOU. ANYBODY ELSE? I WOULD LIKE TO COME FORWARD TO SPEAK AGAINST THIS REZONING.

SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING WITH THE APPLICANT.

LIKE TO COME FORWARD AND RESPOND IN ANY WAY.

MICHAEL CRAM, 2640 SMITH LANE. JUST WANTED TO TOUCH BASE ON WHAT WAS JUST SAID.

THAT WAS DONE BY ATLANTIC ENVIRONMENTAL, THAT WETLAND DELINEATION.

WE'VE ALREADY HAD THAT DONE. IN RESPONSE TO MR.

[02:10:02]

SO BY MAKING IT TO INDUSTRIAL AND GIVING THE WETLANDS TO SAINT JOHN'S, THERE WILL BE NO WETLAND ISSUES.

YOU KNOW, THEY'LL HAVE THEIR PRIVACY, THEY'LL HAVE THEIR DISTANCE, THEY'LL HAVE ALL THE ABOVE. AND AGAIN, IT'S EXTREMELY UNLIKELY TO BE ABLE TO BUILD ON WHAT UPLANDS ARE LEFT BECAUSE NO ACCESS AND THE COST OF DOING SO.

THANK YOU. ALL RIGHT. WITH THAT, WE'LL BRING IT BACK TO THE BOARD.

ANY COMMENTS FROM THE BOARD? YEAH, I WOULD JUST FIRST AND FOREMOST, I APOLOGIZE FOR LUMPING ALL THREE ITEMS TOGETHER.

I UNDERSTAND NOW THAT IT'S THREE SEPARATE. I SHOULD HAVE SAVED MY COMMENTS LATER OR SEPARATED IT, BUT JUST TO SAY CONSISTENT CONSIDERING THE OUTCOME OF THE FIRST ITEM, I'M GOING TO MOTION TO DENY OR DENY.

SORRY, NOT NOT A MOTION RIGHT NOW. OKAY. I JUST THIS IS A QUICK QUESTION FOR STAFF.

WHY ARE WE WHY WHY WHY IS IT INDUSTRIAL? AND THEN ANOTHER LIGHT INDUSTRIAL ON THE SAME ON THE SAME PARCELS.

SO 15.4 WE GOT 15.4 ACRES. WE GOT ONE THAT'S INDUSTRIAL.

AND THEN THE OTHER ONE IS LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT.

SO SO WHAT'S SEPARATING THE THE WHAT'S THE MAJOR SEPARATION BETWEEN THE TWO.

INDUSTRIAL IS THE LAND USE. OKAY. AND LIGHT INDUSTRIAL IS THE ZONING.

OKAY. SO RIGHT NOW WE'RE SO RIGHT NOW IS THAT THE COMPREHENSIVE PLAN WOULD IF WE HAD VOTED IN FAVOR OF OUR LAST ONE, THE COMPREHENSIVE PLAN WOULD HAVE ALLOWED. JUST MAKE SURE I'M GETTING THIS RIGHT.

WOULD HAVE ALLOWED THAT PROPERTY TO BE REZONED UP TO INDUSTRIAL.

AND THEN THE REZONING THAT WE WERE TALKING ABOUT, THEY WERE ACTUALLY GOING FOR A LIGHT INDUSTRIAL.

OKAY. ALL RIGHT. DOES THAT. I'M SORRY. DOES THAT CLARIFY? YEAH. CLARIFY. OKAY. ANY FURTHER COMMENTS FROM THE BOARD? THERE WAS A MOTION, BUT HE SAID IT WAS A MOTION.

MISSPOKE. AND IT WASN'T A MOTION, BUT I COULD CERTAINLY ADDRESS THAT. ALL RIGHT.

AT THAT POINT IN TIME, WE'RE NOT GOING TO HAVE ANY MORE COMMENT. IS THERE A MOTION? I'LL MAKE A MOTION TO APPROVE. CPC 20 4-0007 FOUNDATION PARK RECYCLING CENTER.

ALL RIGHT. THERE HAS BEEN A MOTION TO APPROVE.

IS THERE A SECOND? SECOND. ALL RIGHT. WITH A SECOND.

ANY OTHER CONVERSATION FROM THE BOARD? HEARING NONE.

ALL OF THOSE IN FAVOR, SAY I. I. I. ALL OF THOSE WHO ARE AGAINST SAY NAY.

NAY, NAY. ALL RIGHT. WE WILL MOVE ON TO SEE YOU.

24 00008 STAFF. IS THERE ANYTHING NEW ABOUT THAT ONE? WE COULD CONDENSE IT A LITTLE BIT, MAYBE. WELL, THIS IS THE THIRD AND FINAL CASE FOR THE SITE TONIGHT.

HOWEVER, THIS ONE IS FOR THE FULL 36 ACRES, AND IT IS AN APPLICATION FOR A CONDITIONAL USE TO ALLOW FOR THE OPERATION OF A TREE AND LANDSCAPE RECYCLING FACILITY WITHIN THE LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT, IN ACCORDANCE WITH SECTION 173 .021 OF THE PALM BAY CODE OF ORDINANCES.

THE FUTURE LAND USE. ACTUALLY I APOLOGIZE. THIS IS LOW DENSITY RESIDENTIAL AND INDUSTRIAL CURRENTLY, AND THE CURRENT ZONING IS RS TWO SINGLE FAMILY RESIDENTIAL AND LIGHT INDUSTRIAL.

AND THE SITE AGAIN IS UNDEVELOPED. AND CITIZENS PARTICIPATION MEETING WAS HELD LAST SEPTEMBER AND THEN AGAIN IN NOVEMBER. PUBLIC NOTIFICATION REQUIREMENTS WERE MET.

AND AGAIN ASK YOU TO MAKE A RECOMMENDATION BASED ON THE REVIEW CRITERIA OF CONDITIONAL USE, WHICH IS FOUND IN SECTION 170 2.0 24F THE THE APPLICATION REVIEW CRITERIA INCLUDES A LAND DEVELOPMENT CODE, WHICH IS THE SECTION 173 THREE. THE USES IN INDUSTRIAL AND OTHER DISTRICTS AND 172 .024 DETAILS THE REQUIREMENTS OF CONDITIONAL USES.

AND THEN FURTHERMORE, THE 174 .048 IS JUST CRITERIA FOR THE TREE AND LANDSCAPE RECYCLING.

SO IN REVIEWING THE CONDITIONAL USE CRITERIA, A LOT OF WE'VE TOUCHED ON MANY OF THEM.

AGAIN AND THE CRITERIA FOR THE CONDITIONAL USE IS CONCERNED WITH THE ADEQUATE INGRESS AND EGRESS WHICH WOULD BE OFF OF FOUNDATION PARK BOULEVARD. THE PARKING, THIS IS PRETTY SMALL BUILDING ITSELF WITH MINIMAL STAFF.

THE PARKING IS EASILY ACCOMMODATED ON THE SITE.

[02:15:03]

AND THAT IS REMEMBER THE THE APPLICANT AND PREVIOUSLY SUBMITTED FOR THAT TEXTUAL AMENDMENT THAT MADE THIS TREE AND LANDSCAPE RECYCLING A CONDITIONAL USE AND THAT CODE 174 .048 AGAIN PROVIDES THESE CRITERIA THAT ARE DESIGNED TO ENSURE THAT COMPATIBILITY TO PROVIDE BUFFER AND SCREENING REQUIREMENTS.

OKAY. AND TO TOUCH ON TOO MANY OTHER THINGS. AND AGAIN THAT 12 ACRE WETLAND AREA IS TO BE PRESERVED AND ADDITIONAL PRESERVATION OR BUFFER PLANTINGS MAY BE REQUIRED THROUGH THE SITE PLAN PROCESS AS PART OF OUR LAND DEVELOPMENT CODE.

OKAY. I'D LIKE TO BRING IT BACK TO THE BOARD FOR QUESTIONS OF STAFF.

GO AHEAD. QUESTION FOR STAFF. THAT THOSE CONDITIONS THAT YOU JUST LISTED, THOSE ARE THE CONDITIONS THAT APPLICANT HAS ALREADY AGREED UPON.

IS THAT CORRECT? I'M SORRY. THAT THOSE THOSE CONDITIONS THAT YOU JUST MENTIONED.

THOSE ARE THE CONDITIONS, THE APPLICANT REVIEW CRITERIA.

THEY WERE REVIEWED BY STAFF. THEY WERE REVIEWED BY STAFF AND GO OVER THE CONCEPTUAL PLAN FOR THE DEVELOPMENT.

OKAY. WHICH INCLUDES THE BUFFER INCLUDES THE NOISE ORDINANCE ETC..

THE NOISE ORDINANCE IS IS ACTUALLY THAT'S PART OF THE LAND DEVELOPMENT CODE, THAT SECTION THAT THE SITE PLAN IS ACTUALLY REVIEWED FOR.

AND THAT CRITERIA GOES INTO THE SITE PLAN AS WELL.

OKAY. THANK YOU. ANY OTHER QUESTIONS FOR STAFF? SEEING NONE, WOULD THE APPLICANT LIKE TO COME FORWARD? YES. THANK YOU AGAIN, MR. CHAIRMAN. I GUESS WE'VE GOTTEN TO THE MEAT AND POTATOES OF THIS OF THIS PROPOSAL NOW.

SO IN ADDITION TO ALL THE REQUIREMENTS THAT ARE REQUIRED BY YOUR CODE, WHICH WE WOULD HAVE TO FORCE TO COMPLY WITH, WHICH WE'RE WILLING TO COMPLY WITH, THERE'S NO PROBLEM THERE. WE HAVE TO WE'RE WILLING TO PER THE PLAN THAT WE GAVE YOU, PRESERVE THAT 12 ACRES, THE SOUTHMOST 12 ACRES, AND USE THAT ONLY FOR THOSE FIVE USES THAT ARE LISTED ON YOUR PLAN, WHICH I GUESS THAT'S REALLY FOR. I DON'T KNOW WHY THAT SAYS FIVE.

IT SHOULD SAY FOUR. AND WHICH IS STORMWATER MANAGEMENT, WETLAND PRESERVATION AND ENHANCEMENT, TREE PRESERVATION AND MITIGATION, AND OTHER RELATED ACTIVITIES FOR DRAINAGE AND ENVIRONMENTAL ISSUES.

SO WE WOULD AGREE CONDITIONALLY TO MAKE THAT A CONDITION OF APPROVAL.

WE WOULD ALSO MAKE IT A CONDITION TO PRESERVE AND PUT INTO CONSERVATION THAT EXISTING WETLAND AND THE UPLAND, THE RELATED UPLAND BUFFERS. WE WOULD ALSO BE WILLING TO ADD ANY OTHER CONDITIONS THAT ARE REASONABLE, SUCH AS CLEANING THE STREETS OR PUTTING IN OTHER DEBRIS PREVENTION DEVICES TO TO PREVENT DEBRIS FROM GETTING INTO FOUNDATION BOULEVARD. WHICH WE CAN DO. THERE ARE THINGS WE CAN DO THERE.

OR ANY, YOU KNOW, ANY OTHER CONDITIONS THAT YOU THINK WILL MAKE THIS MORE PALATABLE TO THE NEIGHBORHOOD? KNOWING THAT THERE'S A LOT MORE CONDITIONS THAT YOU PROBABLY DON'T WON'T THINK ABOUT THAT THE DEP WILL IMPOSE ON THIS WAY OVER AND ABOVE WHAT THE CITY OF PALM BAY IS GOING TO IMPOSE. BUT IF THERE'S ANY SPECIFIC CONCERNS PLEASE BRING THEM UP AND WE'LL BE WE'LL BE HAPPY TO DISCUSS THOSE AND SEE IF WE'RE WILLING TO COMPLY WITH WHAT YOU THINK IS REASONABLE.

OKAY. THANK YOU. ARE THERE ANY QUESTIONS OF THE APPLICANT? MR. CHAIR? SURE. BRUCE. MR. MOYER, I DO HAVE SOME CONDITIONS HERE.

CONDITIONS, BASICALLY STATING THAT THERE WILL BE NO BURNING ON THE PROPERTY. YES, THAT WOULD BE FINE.

CONDITION THAT THERE WILL BE NO CONSTRUCTION MATERIAL, WHICH INCLUDES TWO BY FOURS OR ANY TYPE OF PRESSURE TREATED WOOD. CORRECT.

OKAY. ANOTHER CONDITION HERE. THAT STREET SWEEPING WILL BE HAPPENING ON FOUNTAIN.

FOUNTAIN BOULEVARD. FOUNDATION BOULEVARD? YES.

YES. ON A DAILY BASIS. OKAY. AND THEN ANOTHER CONDITION TOO.

WELL, THAT'S TO OPERATE WITHIN THE CITY CODE REGARDING REGARDING NOISE.

BUT THAT'S THAT'S ALREADY THERE. SO YOU WANT TO INCLUDE THE 12 ACRES? YES. WELL, YOU ALREADY SAID THAT, SIR, THAT YOU'RE GOING TO PRESERVE 12 ACRES WHICH CAN BE USED FOR ENVIRONMENTAL OR DRAINAGE PURPOSES.

AND THEN YOU'RE ALSO GOING TO MARK IT AS A CONSERVATION. YEP.

PERFECT. YEP. WE'RE MORE THAN WILLING TO HAPPY TO ENTERTAIN THOSE CONDITIONS.

YES. MR. CHAIR, IF I MAY, I'M GOING TO MAKE A MOTION BASED ON WHAT I JUST SAID THERE.

MAKE A MOTION TO APPROVE BASED ON THE CONDITIONS AND HEAR FROM THE PUBLIC.

OKAY. YEAH. SORRY. NO. YOU'RE GOOD. ANY OTHER QUESTIONS? ANY OTHER QUESTIONS? MR. WRIGHT? NO, I THINK WE'RE JUST STILL TRYING TO GET NOW THAT WE'RE IN THIS SECTION, JUST TRYING TO GET CLARITY TO SITE CLEANUP, HOW YOU HOW YOU HOW YOU'RE PLANNING TO CONTINUE TO KEEP THAT SITE CLEAN BECAUSE.

[02:20:03]

SO THAT MEANS PUBLIC WILL BE BRINGING IN DEBRIS.

AND SO HOW DO WE HOW DO YOU PLAN HOW DO THEY PLAN TO KEEP THAT SITE CLEAN WITH WITH ALL THE DEBRIS THAT'S COMING IN? BECAUSE YEAH, I COULD MAYBE I CAN HE'S MORE OF THE OPERATIONS GUY.

BUT FROM WHAT I UNDERSTAND IS WHEN THE FACILITY IS OPEN, IT'S OPERATING.

SO PEOPLE COME IN, THEY'RE DIRECTED WHERE TO DUMP, AND THEN THEY HAVE OPERATORS THAT WILL MOVE IT IN THE PROPER PLACES IF NEEDED, OR THEY'RE DUMPED IN THE RIGHT PLACE. THEY HAVE TO CLEAN IT UP TO MAKE SURE THAT THEY STILL MAINTAIN FIRE ACCESS, WHICH IS REQUIRED BY THE DEP. AND THEN THEY WILL CONTINUE TO OPERATE BY MULCHING THAT DEBRIS AS IT COMES IN SO THEY CAN SHIP IT OUT.

SO IT'LL BE WORKED ON A DAILY BASIS FOR THE TIME.

IT'S OPEN TO THE TIME IT'S CLOSED, SO IT SHOULD BE MAINTAINED IN A FAIRLY CLEAN CONDITION THROUGHOUT THE DAY.

IF THERE'S ANYTHING MORE THAT YOU WOULD LIKE TO SEE, THAT'S PRETTY MUCH WHAT I UNDERSTAND. HOW IT WORKS.

YEAH, THEY CAN'T JUST JUST THROW DEBRIS ALL OVER THE PLACE. THEY HAVE TO MAINTAIN FIRE.

FIRE ACCESS THROUGHOUT THE SITE. SO IT HAS TO HAVE CLEAR DRIVEWAYS, CLEAR PILES, AND NOT JUST DEBRIS SCATTERED ALL OVER THE PLACE.

AND THAT ALL THAT PRODUCT WILL BE MULCHED AS IT'S BROUGHT IN AND SHIPPED OUT AND PILED UP.

YOU KNOW, THERE WILL BE SOME PILES BECAUSE THEY MAY NOT BE ABLE TO MULCH EVERYTHING THEY GET THAT DAY, BUT IT'LL CONTINUE TO OPERATE IN THAT FASHION.

OKAY. THANK YOU. THANK YOU. ONE MORE QUESTION, MR. CHAIR. MR. MOYA, DO YOU BELIEVE WITH THE THE DEP THAT THEY'RE GOING TO.

HAVE YOU EVER SEEN THOSE SIFTER SCREENS THAT ARE AROUND THE CONSTRUCTION SITES? THEY LOOK LIKE A SCREEN. THEY'RE ON A FENCE. THEY GO THEY SURROUND THE CONSTRUCTION SITES. FOR EXAMPLE, THERE'S ONE ON PORT MALABAR AND US ONE RIGHT NOW WHERE THERE'S A BLACK SCREEN THAT SURROUNDS THE WHOLE PROPERTY TO PREVENT HIGH.

IS IT? IT COULD. IT RANGES. SOMETIMES IT'S SIX FEET HIGH, SOMETIMES IT'S TWO FEET HIGH, DEPENDING ON WHERE IT'S AT.

YEAH. I MEAN, IF THAT'S THE CONDITION, WE MAY.

NO, I WAS JUST WONDERING, WOULD YOU BELIEVE THAT THAT WOULD PROBABLY HAPPEN LATER ON DURING SITE PLANNING AND EVERYTHING LIKE THAT? I MEAN, I WOULD THINK THAT WE WOULD USE THE LANDSCAPING TO, TO DO THAT BECAUSE IT'LL BE IT'LL BE DEEPER AND IT'LL BE TALLER.

IT'LL BE THICKER. I THINK IT WOULD BETTER BE SERVED IN THE LANDSCAPE BUFFER.

BUT YEAH, I HAVEN'T SEEN THAT STUFF BE USED IN A FACILITY LIKE THIS.

OKAY. I MEAN, IT'S USUALLY DONE WHEN THEY. WHEN THEY'RE CONSTRUCTING THE PROPERTY WHERE THEY.

EXACTLY. THAT'S THE MATERIAL. ONCE EVERYTHING'S STABILIZED, THEN THAT GETS REMOVED.

OKAY. I THINK YOUR CLIENT IS TRYING TO GET YOUR ATTENTION. PROBABLY.

HE'S GOING TO COME UP ANYWAY. SO IF YOU IF YOU'RE DONE WITH ME, I'LL LET HIM COME UP. SURE.

THANK YOU. MICHAEL CRAM, 2640 SMITH LANE. IN REGARDS TO THE SCREEN, THAT'S SIMPLY JUST A WIND SCREEN, A PRIVACY SCREEN.

BUT WE WOULD BE WILLING TO DO SOMETHING LIKE A DIRT MOUND, SIX FOOT TALL, SEVEN FOOT TALL AROUND THE ENTIRE PROPERTY.

IT WOULD BE HIGHLY REDUCTIVE OF NOISE, DUST. MANY OF THE OTHER COMPLAINTS IS DEFINITELY AN OPTION FOR US, AND IT WOULD AGAIN HIGHLY HELP ALL THE CONCERNS HERE.

SO MUCH BETTER THAN JUST A PRIVACY SCREEN ON A FENCE.

EVEN THE CITY WOULD ALLOW IT. THANK YOU, MR. CRAM.

I WANT TO DISCUSS THE SECURITY OF YOUR PROPERTY.

I MEAN, YOUR INKLING WAS THAT THE PREVIOUS FIRE WAS FROM ARSON.

WHERE DO YOU STAND ON SECURITY OF THE PROPERTY? SO, UNFORTUNATELY, A FENCE ONLY KEEPS HONEST PEOPLE AWAY.

WE HAVE CAMERAS WHEN WE MOVE TO A NEW FACILITY.

WE'LL HAVE MORE POWER. WE'LL HAVE THE WATER. WE'LL HAVE THE ABILITY TO CREATE A SAFER ENVIRONMENT.

BUT UNFORTUNATELY, BEING VERY TRANSPARENT AND HONEST, IF SOMEBODY WANTS TO LIGHT YOUR HOUSE ON FIRE, WHAT ARE THEY GOING TO DO? THEY'RE GOING TO COME LIGHT YOUR HOUSE ON FIRE. OKAY.

THANK YOU VERY MUCH. ONE LAST THING I WANT TO AND STAFF MENTIONED.

THIS IS WHY I WANTED TO REITERATE IT. YOU SAID THE CITY REQUIRES US TO PUT AN EIGHT FOOT FENCE AROUND THE PERIMETER.

SO YOU'RE GOING TO HAVE AN EIGHT FOOT FENCE. OKAY.

THANK YOU. WITH LARGE VEGETATED BUFFERS. WITH LARGE VEGETATED BUFFERS.

RIGHT. THANK YOU. OKAY. WITH THAT, WE WILL OPEN THE PUBLIC HEARING.

AS BEFORE, IF THERE ARE NEW COMMENTS TO BRING FORWARD, PLEASE, I ENCOURAGE YOU TO COME FORWARD.

FIRST OF ALL, FOR THOSE WHO ARE SPEAKING IN FAVOR OF THE APPLICATION BILL.

BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

I AM SPEAKING IN FAVOR OF THIS PORTION OF IT WITH SOME OF THE CONTINGENCIES THAT WHAT'S BEEN SAID ACTUALLY HAPPENS.

[02:25:02]

WE DIDN'T CHANGE THE COMPREHENSIVE PLAN THAT WAS SETTING THE CRITERIA FOR THE FOR FOR THE THIRD READING AND FOR THE FOURTH READING.

IF THE FIRST ONE DOESN'T GET PASSED, ALL OF THIS IS MOOT ANYHOW.

SO I'M GOING ON THE CONCEPTION THAT POSSIBLY THE CITY COUNCIL APPROVES THE COMPREHENSIVE PLAN CHANGE.

THAT'S WHAT I'M GOING ON. BUT YOU KNOW HOW I FEEL ABOUT CHANGING THE COMP PLAN.

BUT WITH THAT, WHEN THEY'RE TALKING ABOUT THE 12 ACRES.

I'M TRYING TO KEEP IT AS NATURAL OR I HEARD THIS THING OR DRAINAGE, WHICH IN TURN MEANS TO BUILD BATON, BEING THE DOUBTING TOM THAT HE IS. THAT MEANS, WELL, WE'LL MAKE IT A WET RETENTION POND.

AND THERE'S NOW THAT'S IT. SO THAT'S YOU KIND OF DEFEAT THE PURPOSE OF KEEPING IT NATURAL OR CONVERTING IT FOR DRAINAGE.

SO I'M QUESTIONING AND MAKING SURE THAT WE DON'T LOSE THAT CAPABILITY.

THE NEXT ITEM WAS WHEN I WAS GOING THROUGH THE PACKET.

I DON'T KNOW HOW WE GO ABOUT THIS IS SOME KIND OF CONCEPTUAL PLAN THAT WE CAN SEE.

WHILE GOING THROUGH THE PACKET. I DIDN'T SEE A CONCEPTUAL PLAN OF WHAT THEY'RE TALKING ABOUT, WHICH WOULD HAVE POSSIBLY ALLEVIATED A LOT OF THE CONCERNS THAT THAT WE WOULD HAVE.

THAT'S GREAT THERE. I DON'T SEE A CONCEPTUAL, ACTUAL DRAWING.

SO. IT WAS ONE OF THE ATTACHMENTS TITLED SITE SKETCH.

ALL RIGHT, ALL RIGHT. THE NEXT ONE WAS TALKING ABOUT POTENTIALLY PUTTING UP THE BERM AROUND THE PROPERTY.

I'VE SEEN WHAT HAPPENS WHEN YOU PUT THE BERMS UP.

IN ORDER TO PUT THE BERMS UP, YOU HAVE TO CUT DOWN 99.9% OF ALL THE TREES SURROUNDING YOU ANYHOW, SO IT KIND OF DEFEATS THE PURPOSE. I UNDERSTAND THE EXTERIOR FENCE.

YOU KNOW, THAT'S SOME KIND OF SECURITY, BUT IF YOU HAVE TO START PUTTING A SIX FOOT BERM UP, THEN YOU'VE CUT DOWN EVERY TREE THAT WAS THERE.

SO LET'S TRY TO KEEP THE 12 ACRES NATURAL. RIGHT.

LET'S LET ME SEE. A CONCEPTUAL PLAN WOULD MAKE MY LIFE EASIER BECAUSE I'M A DOUBTING TOM.

AND LET'S DON'T PUT THAT BERM UP AROUND THE EXTERIOR, BECAUSE THAT MEANS TAKING OUT EVERY TREE.

WITH THAT, THEY HAVE THE POTENTIAL TO BE SOMETHING BENEFICIAL FOR THE ENVIRONMENT, WHICH IS GOOD.

BUT ON THE OTHER SIDE OF IT, YOU ALSO HAVE THE POTENTIAL TO DO MORE DAMAGE THAN YOU DID.

GOOD. AND I'M GOING TO GO WITH FLAWLESS REPUTATION, AND HOPEFULLY THEY'RE GOING TO TRY AND DO THE RIGHT THING AND MAKE IT A SUCCESS WITHIN THE CITY OF PALM BAY. PROMOTING THE INDUSTRIAL THAT WE'RE LOOKING FOR.

THANK YOU. THANK YOU SIR. ANYBODY ELSE WOULD LIKE TO COME FORWARD AND SPEAK IN FAVOR OF THE APPLICATION? I WAS JUST ASKING IF THERE WAS ANYBODY ELSE TO SPEAK IN FAVOR.

FOR ALL. ANYBODY WHO WOULD LIKE TO COME FORWARD AND ADD SOMETHING NEW TO THE CONVERSATION THAT WOULD.

WHO IS AGAINST THE APPLICATION? AND THE REASON WE DO THE NAME AND ADDRESS AT THE BEGINNING OF EVERYONE IS BECAUSE WE'RE RECORDING.

WE HAVE TO DO THE MINUTES. AND GOING BY THE RECORDING, SHE DOESN'T NECESSARILY KNOW YOUR VOICES.

SO EACH TIME YOU COME UP, YOU HAVE TO STATE YOUR NAME AND ADDRESS, AND IT REALLY JUST HELPS US KEEP TRACK OF WHAT'S BEING SAID.

PLEASE CONTINUE. MARION GOODIN, 1591, OAKFIELD HOUSE, SOUTHEAST.

JUST TWO QUESTIONS OR SOMETHING TO THINK ABOUT.

HOW OR WHO IS GOING TO SCREEN THE TRUCKLOADS OF DEBRIS THAT'S GOING TO BE COMING IN.

THEY KEEP SAYING PILES OF DEBRIS. SO THEY'RE IN A PILE.

WHO'S ACTUALLY LOOKING AT WHAT'S GOING THROUGH THE MACHINERY? I MEAN, IT'S GOING TO BE WOOD. IT'S GOING TO BE BRUSH.

IT'S GOING TO BE TREES. HOW DO WE KNOW WHAT ELSE IS GOING TO BE IN THOSE PILES? IF THERE IS SOMEBODY SCREENING THE DEBRIS WHEN THEY DO FIND UNACCEPTABLE MATERIAL, WHERE IS THAT GOING? HOW ARE THEY GOING TO DISPOSE OF IT? WHAT'S THE PLAN ON THAT? AND MY OTHER QUESTION WOULD BE THE SIZE OF THIS OPERATION THAT THEY WANT TO DO.

WHAT IS THE SIZE OF THE ONE THEY'RE CURRENTLY ON? HOW MUCH MORE IS IT INCREASING IN PRODUCTION THAN WHAT THEY ALREADY HAVE? WITH THAT BEING SAID, BECAUSE THEY'RE CLOSE BY TO EACH OTHER, THE IMPACT OF TRAFFIC ON BABCOCK STREET.

I MEAN, THEY'RE CLOSE TO 95. I THINK THAT'S WHY THEY LIKE THE SITE.

IT'S CLOSE FOR EASY ACCESS TO 95. BUT IT IS BABCOCK STREET AND MALABAR ROAD THAT DOES NOT HAVE A TURN LANE. GETTING ON 95 HEADING NORTH. TO ADD THE ADDITIONAL TRAFFIC.

JUST TRYING TO COME AND GO ON THOSE VERY CONGESTED STREETS.

THOSE ARE MY QUESTIONS FOR THEM. THANK YOU. MA'AM.

[02:30:01]

NOPE. SORRY. YEP. GOT TO DO IT. SHE KNOWS MY VOICE BY NOW.

COME ON NOW. TALK TO HER ON THE PHONE ALL THE TIME, TOO.

VERNON DANTZLER, 1185 DEERFIELD STREET, SOUTHEAST PALM BAY.

THANK YOU. SO THERE IS A BEST PRACTICES THAT'S PUT OUT IN CONJUNCTION WITH DEP FOR RECYCLING YARD WASTE TRASH.

I WILL BE HAPPY TO GET YOU GUYS A COPY OF THIS, BUT I WOULD SUGGEST THAT THIS WOULD BE CONTINGENT ON THEM FOLLOWING THOSE BEST PRACTICES.

SOME THEY ARE, SOME THEY ARE NOT. AT LEAST FROM WHAT WE'VE SEEN FROM PLANS.

SO I WOULD THINK THAT WE WOULD WANT THEM TO DO IT IN THE BEST WAY POSSIBLE.

IF THEY'RE REALLY HONEST ABOUT WHAT THEY'RE SAYING THEY'RE GOING TO DO.

THIS MANUAL SHOULD BE ALMOST FOLLOWED TO THE TEE WITH WHAT THEY'RE PRESENTING.

I WOULD THINK KIND OF KIND OF JUST ME THINKING THAT, YOU KNOW, WHEN SOMEBODY HAS THE BEST PRACTICE MANUAL THAT SHOULD BE PART OF.

YOU KNOW, THE CONTINGENCIES, I GUESS. THANK YOU.

SIR. ANYBODY ELSE THAT WOULD LIKE TO MAKE A COMMENT AGAINST.

TOM VITALE, 1585, SOUTH SOUTHEAST AVENUE AND PALM BAY.

AND I'D LIKE TO POINT OUT THAT HAVING A, QUOTE, RECYCLING CENTER.

THAT'S A KIND NAME FOR THIS. IT'S A TRASH TREE, TRASH RECYCLING CENTER.

AND I DON'T THINK THAT IN THE CITY OF PALM BAY, FROM WHAT I SEE, IT'S NOT A GOOD FIT FOR THE CITY OF PALM BAY TO HAVE A TRASH TREE RECYCLING CENTER. I DON'T THINK IT'S A BENEFIT.

I THINK IT'S SIMILAR TO HAVE AN INDUSTRY THAT'S YOU KNOW, THAT DOESN'T GIVE A GOOD VIEW OF THE CITY OF PALM BAY ITSELF. SO EVEN THOUGH IT DOES CREATE SOME ENTRY LEVEL JOBS, I DON'T THINK IT'S A GOOD FIT FOR THE CITY OF PALM BAY. THANKS. THANK YOU.

ANYBODY ELSE THAT WOULD LIKE TO COME FORWARD AND SPEAK AGAINST.

SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING. ALLOW FOR THE APPLICANT TO COME FORWARD AND ADDRESS SOME OF WHAT'S BEEN SAID.

YEAH. I'M JUST GOING TO ADDRESS TWO OF THOSE ISSUES.

ONE OF THE TRAFFIC. YOU KNOW, AS PART OF THE NEXT STEP IS WE WILL DO A THOROUGH TRAFFIC ANALYSIS OF THE ENTIRE AREA.

WE WORK WITH THE STAFF, AND WE DEFINE THE AREA OF IMPACT BEFORE WE EVEN START THE STUDY.

SO WE WILL LOOK AT THE RADIUS OF IMPACT OF THE TRAFFIC GENERATED BY THE FACILITY AND PROVIDE THE CITY WITH A REPORT AND MAKE WHATEVER NECESSARY IMPROVEMENTS ARE REQUIRED BASED ON HOW MANY TRIPS WE'RE GOING TO GENERATE.

SO IF IT WARRANTS A TURN LANE AT THE ROAD OR A SIGNAL DOWN THE STREET, WHATEVER IT TAKES, WE'LL COMPLY WITH THAT. AND THEN WE ALSO WILL OBVIOUSLY COMPLY WITH ALL DEP ATP REQUIREMENTS.

STATE, FEDERAL, WHATEVER. AND THANK YOU. ADDRESS THE OPERATIONAL QUESTIONS.

MICHAEL CRAM, 2640 SMITH LANE. WHEN THE MATERIALS COME IN, IS DUMPED, AN EXCAVATOR WITH AN OPERATOR IS SITTING THERE SORTING THROUGH THE PILES.

THERE'S DUMPSTERS ON SITE THAT PUTS UNWANTED MATERIALS IN THE DUMPSTER.

IF PEOPLE ABUSE THE RULES OF OUR YARD, THEY'RE ASKED TO LEAVE AND NOT COME BACK.

AS FAR AS TRASH THESE MATERIALS ARE USED TO BUILD YOUR HOUSES.

LOGS THAT LEAVE HERE ARE TURNED INTO WOOD AND LUMBER AND BUILD HOUSES.

SO I DON'T THINK THAT IT'S TRASH, IN MY OPINION.

AND ALSO THE TRAFFIC SAN FILIPPO WILL ACTUALLY OFFER ALLEVIATION TO BABCOCK FOR US BECAUSE WE HAVE TO USE BABCOCK CURRENTLY.

SO NOW WE HAVE THE OPTION WITH TRAFFIC SIGNALS TO GO ON TO SAN FILIPPO AND BABCOCK OR WHICH WOULD ACTUALLY BE A SIGNIFICANT HELP FOR THE TRAFFIC.

EIGHT. THANK YOU. ALL RIGHT. TRY TO REMEMBER WHERE I AM HERE NOW.

WITH THAT, WE'LL BRING IT BACK TO THE BOARD FOR DISCUSSION.

ANY QUESTIONS FOR STAFF? I WOULD JUST LIKE TO JUST FOR NOT ONLY THE BENEFIT OF OUR NEW MEMBERS, BUT ALSO FOR MYSELF AT THIS POINT, IF WE WERE TO MAKE A MOTION TO APPROVE THE CONTRACT, WE'RE APPROVING THE CONDITIONS OF CITY COUNCIL AND MAKING A RECOMMENDATION TO CITY COUNCIL WERE TO GO AHEAD AND APPROVE.

[02:35:04]

SO YOU'RE WEIGHING EVERYTHING AND YOU'RE GOING FORWARD WITH SUCH A RECOMMENDATION.

IF IT WERE TO GET TO CITY COUNCIL AND ACTUALLY IN THIS ITEM WOULD BE UP FOR APPROVAL WITH CITY COUNCIL.

THEY WOULD HAVE YOUR RECOMMENDATION OF APPROVAL IF THE CITY COUNCIL VOTES TO DENY THE COMPREHENSIVE PLAN AMENDMENT.

THIS ITEM HAD NEVER EVEN BEEN, WOULD NEVER BE HEARD. OKAY.

I THINK IT'S IMPORTANT TO DISTINGUISH. YOU DIDN'T DENY YOU DIDN'T RECOMMEND DENIAL OF THE COMPREHENSIVE PLAN.

IT'S GOING FORWARD WITH NOTHING BECAUSE YOU WERE UNABLE TO REACH A VOTE ONE WAY OR ANOTHER.

SO YOU'RE YOU'RE GOING FORWARD WITH NO RECOMMENDATIONS.

AND THIS ONE DEPENDS ON WHAT THE RESULT OF THE VOTE IS.

SO YOU'RE NOT RECOMMENDING ONE WAY OR ANOTHER.

YOU'RE IT'S BASICALLY GOING FORWARD WITH SILENCE TO CITY COUNCIL.

THANK YOU. ALL RIGHT. WITH THAT I WILL ENTERTAIN A MOTION.

MR. CHAIR, I'D LIKE TO MAKE A MOTION TO APPROVE CU 24 0008, ON THE CONDITION THAT THERE WILL BE NO BURNING.

THERE WILL BE NO CONSTRUCTION MATERIAL ACCEPTED, INCLUDING PRESSURE TREATED WOOD. THERE WILL BE STREET SWEEPING NEAR FOUNDATION PARK BOULEVARD. OBVIOUSLY THEY WILL OPERATE WITHIN CITY CODE.

ANOTHER CONDITION WOULD BE REGARDING THE 12 ACRES TO BE DEEMED A CONSERVATION AREA, WHICH WILL BE USED FOR DRAINAGE, POND, ETC. WITH THAT STREET SWEEPING. BE DAILY.

SURE. IS THERE A SECOND? SECOND? OKAY. WE HAVE A MOTION THAT'S BEEN MADE AND SECONDED. AGAIN, APPROVAL WOULD BE JUST US PUTTING A RECOMMENDATION ON THE CONDITIONS TO CITY COUNCIL.

ALL THOSE IN FAVOR SAY AYE. AYE AYE. ALL OPPOSED? NAY. OKAY. AND THERE WE HAVE IT. BEING NO OTHER BUSINESS THAT I'M AWARE OF.

LISA, DO WE HAVE ANYTHING ELSE THAT WE NEED TO DISCUSS ON OUR. NO, SIR.

ALL RIGHT. WELL, THANK YOU VERY MUCH, EVERYBODY.

AND THAT CONCLUDES OUR MEETING.

* This transcript was compiled from uncorrected Closed Captioning.