[00:00:02]
ALL RIGHT, LADIES AND GENTLEMEN, WE'RE GOING TO GO AHEAD AND GET STARTED. I'M GOING TO CALL THE PLANNING AND ZONING REGULAR BOARD MEETING OF AUGUST THE 6TH, 2025 TO ORDER. I CAN ASK ALL OF YOU IN THE AUDIENCE AND UP ON THE STAGE TO PLEASE SILENCE YOUR CELL PHONES AND ALARMS AND ANY OTHER NOISE MAKING DEVICE YOU MIGHT HAVE BROUGHT WITH YOU THIS EVENING.
PLEASE APPRECIATE THAT. AND MR. WARNER IS GOING TO LEAD US IN THE PLEDGE OF ALLEGIANCE.
IF YOU WILL PLEASE RISE. ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
THANK YOU VERY MUCH. MISS POWELL, WILL YOU PLEASE CALL THE ROLL? YES, MR. CRAWFORD HERE. WARNER. MR. FILIBERTO HERE, MR. HIGGINS HERE. MR. JORDAN, MISS JORDAN HERE. MR. MCNALLY HERE, MR. NORRIS HERE. THE SCHOOL BOARD LIAISON POSITION IS STILL VACANT.
AND CHIEF DEPUTY CITY ATTORNEY MICHAEL RODRIGUEZ IS PRESENT.
[ADOPTION OF MINUTES:]
AS SCANT AS THEY ARE. ENTERTAIN A MOTION TO GO AHEAD AND ACCEPT THOSE MINUTES.MOTION. THANK YOU. SECOND. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. ALL OPPOSED? ALL RIGHT.
THANK YOU. IT'S UNANIMOUS. IF YOU'LL BEAR WITH ME FOR A FEW MINUTES.
THIS IS RATHER LENGTHY. FOR THE BENEFIT OF THE APPLICANTS AND THE AUDIENCE.
[ANNOUNCEMENTS:]
THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS.BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF.
THE APPLICANT OR THEIR REPRESENTATIVE WILL THEN BE ASKED TO APPROACH THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE, AND TO ANSWER ANY QUESTIONS FROM THE BOARD. THE FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENT.
FOR THE RECORD, AS A COURTESY, I ASK 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.
THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION IN ADHERING TO THE MEETING GUIDELINES.
I HAVE A COUPLE OF ANNOUNCEMENTS THAT WERE GIVEN TO ME BY STAFF.
IT IS AN INTERACTIVE TOOL THAT ALLOWS YOU TO EXPLORE UPCOMING PROJECTS, AND WILL SOON INCLUDE FUTURE LAND USE AMENDMENTS AND REZONING REQUESTS, LIKE PRELIMINARY AND FINAL DEVELOPMENT PLANS.
ALSO, IF YOU ARE INTERESTED IN RECEIVING A MONTHLY REMINDER OF PLANNING AND ZONING BOARD MEETINGS NOTIFICATIONS, SIGN UP IS NOW AVAILABLE. YOU WILL RECEIVE AN EMAIL FOR SCHEDULED BOARD MEETINGS WITH A LINK TO ACCESS THE AGENDA AND THE MEETING PACKET.
PLEASE CONTACT THE LAND DIVISION. SORRY, THE LAND DEVELOPMENT DIVISION FOR ASSISTANCE WITH EITHER OF THESE ITEMS. MR. CHAIR, BEFORE WE PROCEED, IT'S USUALLY THE TIME I MAKE THESE ANNOUNCEMENTS.
I ACTUALLY HAVE TWO ANNOUNCEMENTS TODAY. FIRST ANNOUNCEMENT, THE WE HAVE FOUR, FOUR ITEMS ON THE AGENDA FOR TONIGHT ARE ALL QUASI JUDICIAL IN NATURE. AND THEREFORE, BECAUSE THEY ARE QUASI JUDICIAL, ANY EX PARTE COMMUNICATIONS ANY MEMBERS OF THIS BOARD HAVE HAD HAD WITH ANY OF THE APPLICANTS OR ANY OF THE PARTIES SHOULD BE DISCLOSED AT THE PRESENT TIME IN ORDER TO AVOID ANY TYPE OF IT'S ANY PREJUDICIAL
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OUTCOME. SO IF ANY OF YOU HAVE HAD ANY EX PARTE COMMUNICATIONS WITH THE APPLICANTS IN REGARDS TO ANY OF THE MATTERS COMING BEFORE THEM, CAN YOU PLEASE DISCLOSE THESE AT THIS TIME? JUDGING BY YOUR SILENCE, IF YOU'VE NOT HAD THAT, YOU HAVE NOT HAD ANY. THE SECOND ANNOUNCEMENT IS GOING TO SAY THIS AT THE END, BUT BECAUSE TONIGHT IS ACTUALLY MY LAST PLANNING AND ZONING BOARD MEETING AS YOUR COUNCIL. IF IF SOME OF YOU HAVE NOT HEARD, ON JULY 17TH, THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY ELECTED ME BY A VOTE OF FIVE ZERO TO BE THEIR NEXT COUNTY ATTORNEY. CONGRATULATIONS.SO I WILL BE STARTING ON MONDAY THE 11TH AS THE NEW COUNTY ATTORNEY FOR FLAGLER COUNTY.
SO THIS IS ACTUALLY MY LAST OFFICIAL ACT HERE IN THE CITY.
AS OF THE END OF THIS MEETING, THEN I WILL BE DONE.
SO I WILL GO AND WE'LL MAKE IT AS LONG AS POSSIBLE.
THERE YOU GO. BUT ALONG THOSE VEINS RODNEY EDWARDS DEPUTY CITY ATTORNEY WHO IS PRESENT HERE, HE WILL BE TAKING OVER MY CHAIR BEGINNING FOR THE NEXT MEETING.
SO HE WILL BE TAKING OVER ON AN INTERIM BASIS? I THINK THERE IS A CURRENTLY, I THINK THE CITY IS PLANNING ON ADVERTISING FOR ANOTHER CHIEF DEPUTY CITY ATTORNEY.
NEVER MOVED FROM WHERE I RESIDE. I RESIDE IN DELAND.
SO I HAD AN HOUR AND A HALF COMMUTE EVERY DAY.
WE'RE NOT FOR THE COMMUTE, I'D PROBABLY STILL BE HERE, BUT MY COMMUTE NOW GOES FROM AN HOUR AND A HALF TO ALL OF 30 MINUTES BECAUSE I LIVE 30 MINUTES FROM BUNNELL, FLAGLER COUNTY, JUST NORTH OF VOLUSIA, AND IT'S RIGHT UP THE ROAD FROM WHERE I LIVE.
I WAS WITH VOLUSIA COUNTY BEFORE IN MUNICIPAL WORK.
SO THERE'S SOME BIG SHOES TO FILL THERE. BUT I LOOK FORWARD TO THE TO THE CHALLENGE.
BUT I WILL DEFINITELY LOOK FONDLY AT MY TIME HERE AND IN PALM BAY.
WELL, I VERY MUCH APPRECIATE YOUR PATIENCE WITH ME AS WHEN I CAME TO AND OUR CONVERSATIONS.
[OLD/UNFINISHED BUSINESS:]
EVENING. AND THAT IS ITEM NUMBER ONE. IS IT STILL PD 23 00010.OR HAVE WE GIVEN IT NEW NUMBERS? NO, THAT'S. YOU'RE CORRECT SIR.
UNDER OLD BUSINESS. YES, SIR. ALL RIGHT. WE'LL HEAR FROM STAFF.
YES. IT'S FINALLY HERE TONIGHT. ARE YOU READY? YES. I WANT TO MAKE SURE. OKAY. GOOD EVENING.
AS A RESULT, THE PROJECT HAS BEEN REVIEWED UNDER THE PROVISION OF THE PREVIOUS CODE, WHICH YOU ALL HAVE IN FRONT OF YOU TONIGHT THAT SHONDRA HANDED OUT AT THE APPLICANT'S REQUEST. THE PRELIMINARY DEVELOPMENT PLAN AND THE FINAL DEVELOPMENT PLAN WERE SUBMITTED AND REVIEWED CONCURRENTLY.
THIS APPROACH IS INTENDED TO PROVIDE A CLEAR AND COMPREHENSIVE OVERVIEW OF THE PROJECT'S FULL SCOPE.
HOWEVER, PLEASE NOTE THERE ARE TWO SEPARATE MOTIONS THAT WILL BE REQUIRED.
BEFORE WE DIVE INTO THE SPECIFICS, LET'S BRIEFLY CLARIFY WHAT THE DIFFERENCE OF A PDP AND FDP IS.
THE PRELIMINARY DEVELOPMENT PLAN IS THE INITIAL APPLICATION SUBMITTED WITH THE REQUEST FOR PARKWAY MIXED USE DISTRICT REZONING AND INCLUDES A GENERAL LAYOUT FOR LOTS, ROADS, OPEN SPACE AND UTILITIES ALONG THE BASIC INFORMATION ABOUT ZONING, INFRASTRUCTURE AND LAND USE.
IT INCLUDES FINAL ENGINEERING, LANDSCAPING, DRAINAGE, ARCHITECTURAL DETAILS THAT CONFIRM HOW THE PROJECT WILL BE IMPLEMENTED IN COMPLIANCE WITH APPLICABLE CODES AND REGULATIONS. HOWEVER, IN THE CASE OF LOTUS PALM BAY, BOTH PLANS ARE IDENTICAL DUE TO DUE TO THE CONCURRENT REVIEW THE SUBJECT PROPERTY IS KNOWN AS LOTUS PALM BAY. IT WAS FORMERLY LUFT'S PARCELS YEARS AGO, IS LOCATED NORTH OF MICCO ROAD, SOUTHEAST AND EAST OF I-95. THE REQUEST IS FOR PMU AND ITS 687 DETACHED, SINGLE FAMILY RESIDENTIAL, 156 TOWNHOMES, 529 MULTIFAMILY UNITS, OVER 82,000FT² OF COMMERCIAL
[00:10:04]
SPACE, AND 20,000FT² FEET OF A DAYCARE FACILITY AND A POTENTIAL CELLULAR TOWER.THE SITE IS 353 ACRES. THE FUTURE LAND USE IS PARKWAY FLEX USE.
THE LITTLE HISTORY OF LOTUS PALM BAY IS. IN 2010, THE PARCEL HAD A BREVARD COUNTY FUTURE LAND USE DESIGNATION OF RESIDENTIAL ONE AND WAS ANNEXED INTO THE CITY WITH THE MICCO ROAD PARK VILLAGE.
FUTURE LAND USE DESIGNATION IN ORDINANCE 20 1063.
THE DISTRICT WAS PLANNED TO CREATE WALKABLE NEIGHBORHOODS WITH A RANGE OF HOUSING CHOICES AND A BALANCE OF MIXED COMMERCIAL, INSTITUTIONAL, AND INDUSTRIAL USES. THE DENSITY WAS SET AT FOUR DWELLING UNITS PER ACRE.
THIS AUTHORIZED THE ACQUISITION OF THE WHITE, THE RIGHT OF WAY OF EMERALD LAKES AND EAST AND WEST EMINENT DOMAIN FOR THE CONSTRUCTION AND MAINTENANCE OF THE SAINT JOHNS HERITAGE PARKWAY AND THE I-95 SOUTHERN INTERCHANGE AND THE ASSOCIATED INCIDENTAL USES.
EMERALD INVESTMENT HOLDINGS OWNS THE PARCEL DESIGNATED FOR THE PROPOSED SAINT JOHNS HERITAGE PARKWAY STORMWATER TREATMENT POND, WHICH IS LOCATED ADJACENT TO THE CANAL IN THE SOUTHEASTERN PORTION OF THE EMERALD LAKES PROPERTY.
THE USE OF THE SITE FOR STORMWATER MANAGEMENT PURPOSES AND MAINTENANCE, AND ON DECEMBER 5TH, 2024, CITY COUNCIL APPROVED THE LARGE SCALE COMPREHENSIVE PLAN FUTURE LAND USE AMENDMENT MAP FOR LOTUS.
CHANGING THE DESIGNATION FROM PARK VILLAGE TO PARKWAY FLEX USE.
AND THAT'S HOW WE GOT TO TONIGHT FOR THIS PROJECT.
THE CASE, THE CASES FOR THE REQUIREMENTS OF THE PDP AND THE FDP IS A CONCEPT PLAN.
THE PLAN OF VEHICULAR AND PEDESTRIAN CIRCULATION.
A SUMMARY OF ALLOWABLE DEVELOPMENT. DEVELOPMENT STANDARDS.
SIGNAGE. LANDSCAPING. TREE PRESERVATION. WALLS AND FENCES.
SCHEMATIC LAYOUT. MAINTENANCE. RESPONSIBILITY DECLARATION.
AND TA DA! THE FINAL PDP AND FDP IS HERE FOR YOU.
ON THE NEXT FEW SLIDES IS ANALYSIS OF THE PDP AND FDP APPLICATION CRITERIA.
THE PROJECT SIZE, AS I SAID EARLIER, IS ABOUT 353 ACRES.
THE MINIMUM REQUIREMENT FOR PARKWAY MIXED USE IS ONLY 20 ACRES AND THEY SURPASS THAT.
THEY HAVE COMMERCIAL SPACES. LET ME SEE IF I CAN DO THIS OVER IN HERE.
IS THERE GOING TO BE THEIR COMMERCIAL SPACES? AND THAT'S 102,600FT² PROVIDED TOTAL. LIKE I SAID EARLIER, IT'S 80 TO OVER 82,000 SQUARE FOOT OF COMMERCIAL AND 20,000FT² OF THE DAYCARE. AND THEN THERE'S A POTENTIAL CELL TOWER SITE OVER HERE.
THE RESIDENTIAL DENSITY IS AT 3.88 DWELLING UNITS PER ACRE.
THE PERMITTED USES ARE PROVIDED IN YOUR PACKET TONIGHT IN THE PATTERN BOOK, AND THE OWNERSHIP IS ONE CONSOLIDATED, ONE CONSOLIDATED OWNERSHIP OF PEAT HOLDINGS. THE AMENITIES IS THE POOLS, CLUBHOUSE, COURTS, PLAYGROUNDS, PASSIVE AREAS OF OVER ABOUT SEVEN AND A HALF ACRES AND THEY ARE FOUND THROUGHOUT THE SITE HERE.
THEY ARE ALSO POCKET PARKS THROUGHOUT THE PLAN.
THERE'S ALSO RECREATION AREAS, INCLUDING PARKS AND TWO LARGE SCALES WITH PUBLIC ACCESS AND WALKWAYS.
OVER 98 ACRES OF OPEN SPACE, LANDSCAPES AND AND THE LAKE.
THE LINEAR PARK CONNECTIVITY IS A LINK BETWEEN THE MULTIFAMILY AREAS AND THE SAINT JOHNS HERITAGE PARKWAY, WHICH IS UP HERE, AND THERE ARE WALKING PATHS ALONG SAINT JOHNS HERITAGE PARKWAY AS WELL, AND THROUGHOUT THE COMMUNITY. NEXT IS THERE PEDESTRIAN AND CIRCULATION PLAN, WHICH IS A REQUIREMENT WITH THE PDP. THERE IS 5 TO 8FT OF SIDEWALKS AND PEDESTRIAN PATHS, 12 FOOT WIDE MULTI-USE PATHS
[00:15:08]
INTERNAL ROAD CIRCULATION AND THERE WILL BE THREE ACCESS THREE FULL ACCESS DRIVEWAYS ALONG SAINT JOHNS HERITAGE PARKWAY.IT'LL BE ONE HERE, ONE HERE AND ONE OVER HERE.
NEXT IS WHAT YOU'VE ALL BEEN WONDERING ABOUT THE SAINT JOHN'S HERITAGE PARKWAY.
WHO'S BUILDING THIS PARKWAY? AS A PART OF THE LOTUS PALM BAY DEVELOPMENT, THE DEVELOPER IS REQUIRED TO DEDICATE THE NECESSARY RIGHT OF WAY OF THE EXTENSION OF SAINT JOHN'S HERITAGE PARKWAY, WHERE IT CROSSES THE SUBJECT PROPERTY.
THAT AREA ON YOUR SCREEN TONIGHT? THE CITY CURRENTLY OWNS THAT RIGHT OF WAY.
ONCE IT HITS THE THE PROJECT AREA, THEN IT'S THEN IT'S THE APPLICANT'S RIGHT OF WAY.
BUT HOWEVER, THEY WILL BE CONSTRUCTING THIS RIGHT OF WAY.
THE DEVELOPER BE RESPONSIBLE FOR CONSTRUCTING THE EXTENSION OF SAINT JOHN'S HERITAGE PARKWAY.
CURRENTLY, THAT'S A CITY RIGHT OF WAY, BUT THE DEVELOPER WILL BE CONSTRUCTING THIS ROAD.
THEY OWN THE RIGHT OF WAY. YEP. UNDERSTOOD. SORRY.
EAST OF I-95 TO THE LOCATION WHERE IT ENTERS THE PROPERTY.
ALL ASSOCIATED IMPROVEMENTS INCLUDED, BUT NOT LIMITED ROADWAY CONSTRUCTION, DRAINAGE INFRASTRUCTURE, WATER AND SEWER UTILITIES, LANDSCAPING, STREET LIGHTING, TRAFFIC SIGNALS, AND SIGNAGE WILL BE CONVEYED TO THE CITY UPON COMPLETION.
THE CITY WILL ASSUME THE PERMANENT OWNERSHIP AND ONGOING MAINTENANCE OF THE PUBLIC FACILITY ONCE IT'S COMPLETELY CONSTRUCTED, TO ACCOUNT FOR THE DEVELOPER'S INVESTMENT IN CONSTRUCTION TRANSPORTATION IMPROVEMENTS.
STORMWATER FACILITIES CONSTRUCTED AS PART OF THE PROJECT TO MANAGE RUNOFF ASSOCIATED WITH THE SAINT JOHNS HERITAGE PARKWAY EXTENSION, WILL BE TRANSFERRED BY THE CITY BACK TO THE DEVELOPER OR THE LOCAL COMMUNITY DEVELOPMENT DISTRICT FOR LONG TERM MAINTENANCE.
ALSO WHEN WHEN IS THIS? WHEN IS THIS CONSTRUCTION GOING TO HAPPEN AND HOW MANY PHASES IS IT GOING TO HAPPEN IN PHASE ONE, AS YOU'VE SEEN HERE, IT IS GOING TO BE THE CONSTRUCTION OF SAINT JOHN'S HERITAGE PARKWAY, TWO LANES.
AND THEN ONCE THEY GET TO THE MAIN ENTRANCE SITE HERE.
THEY'RE GOING TO END THE PHASE ONE. PHASE TWO.
THEY'LL CONTINUE FROM THE MAIN ENTRANCE SITE TO MICCO ROAD AS A TWO LANE.
AND ON PHASE FOUR, THEY WILL GO BACK AND FOR THE REST OF THE ROADWAY.
SO IT'S GOING TO START AS A TWO LANE ROADWAY AND THEN A FOUR LANE ROADWAY.
AND I WILL DISCUSS THE WHEN THE HOUSING WILL COME IN PER EACH PHASE AS WELL.
SO ON YOUR SCREEN IS WHEN THE PHASE DEVELOPMENT IN PHASE ONE 383 SINGLE FAMILY RESIDENTIAL UNITS WILL BE CONSTRUCTED AND 156 TOWNHOMES AND ALL THE ASSOCIATED LANDSCAPING AND TRAILS IN PHASE ONE, WHICH IS PINK ON YOUR SCREEN. AND PHASE TWO 304 SINGLE FAMILY RESIDENCE WILL BE CONSTRUCTED, WHICH IS THE ORANGE IN PHASE THREE IS 329 MULTIFAMILY UNITS, WHICH IS THE YELLOW, AND THEN PHASE FOUR IS THE 200 MULTIFAMILY UNITS IN THE BLUE.
AND THE DAYCARE FACILITY, WHICH IS RIGHT HERE AND MULTIFAMILY IS THROUGHOUT THERE IN THE BLUE WITH.
AND PHASE FIVE WILL BE THE COMMERCIAL PIECE IN GREEN AND THEN THE CELL TOWER BACK OVER HERE.
SO THE APPLICANT WAS ALSO REQUIRED TO PROVIDE ENVIRONMENTAL ASSESSMENT.
THE SITE CONTAINED NO WETLANDS OR SPECIMEN TREES.
[00:20:02]
HOWEVER, PROPOSED MODIFICATIONS WILL NOT IMPACT THESE SPECIES.NO CRESTED I SORRY WERE OBSERVED ON THE SITE.
GOPHER TORTOISE SURVEY WILL BE CONDUCTED PRIOR TO THE DEVELOPMENT AS ANY DEVELOPMENT IF ANY ARE FOUND, PROPER RELOCATION PERMITS WILL BE OBTAINED. THE PROJECT WILL INCLUDE A NATIVE LANDSCAPING AND TREE PLANTINGS TO ENHANCE BOTH ENVIRONMENTAL VALUE AND VISUAL APPEAL. THE APPLICANT WAS ALSO REQUIRED TO PROVIDE SIGNAGE AND WALL FENCES WHICH WAS PROVIDED IN YOUR PACKET TONIGHT.
THEY WERE TO PROVIDE THE ALLOWABLE LOCATION AND SIZE AND HEIGHT AND PLACEMENTS.
THEY ALSO PROVIDED SCHEMATICS AND IMAGES OF WHAT IT MAY LOOK LIKE.
THIS IS THE PROPOSED SITE SIGNAGE FOR LOTUS PALM BAY.
WHEN YOU ENTER THE SITE THESE ARE PROPOSED SCHEMATICS.
I BELIEVE THIS ONE'S THE TOWNHOMES HERE AND THERE.
AND THIS IS PROPOSED COMMERCIAL AREA AS WELL.
AND THAT WAS ALL PROVIDED IN YOUR PACKET TONIGHT.
THE PART THAT'S ADJACENT TO THE PROPERTY, BECAUSE THE OTHER EXTENSION IS PART OF OURS ALREADY.
THE LAKES AND TRACKS AND BUFFERS AND OPEN SPACE WILL BE DEDICATED TO LOTUS PALM BAY MASTER ASSOCIATION TO SPINE ROADS, RIGHT OF WAY, DEDICATION TO MASTER ASSOCIATION FEE SIMPLE SINGLE FAMILY PODS WITHIN THEIR HOMES.
SO THERE WILL BE A CBD AND HOA'S TO KEEP UP THE MAINTENANCE OF THE PROJECT INTERNALLY.
NEXT IS THEIR FINAL SCHOOL CONCURRENCY AVAILABILITY DETERMINATION.
IN JUNE 2025, BREVARD PUBLIC SCHOOLS COMPLETED A FINAL CONCURRENCY REVIEW, WHICH IDENTIFIED A SHORTFALL IN AVAILABLE CAPACITY WITHIN BOTH THE CONCURRENCY AREA AND THE ADJACENT SERVICE AREA OF THE ELEMENTARY SCHOOLS.
AS A RESULT, THE DEVELOPER AND THE SCHOOL BOARD MUST NEGOTIATE A AND MITIGATION PLAN IN ACCORDANCE WITH THE INTERLOCAL AGREEMENT THAT WE HAVE WITH THE SCHOOL DISTRICT AND THE APPLICANT HAS SUBMITTED THEIR APPLICATION FOR NEGOTIATION, AND THEY'RE WORKING WITH THE SCHOOL DISTRICT TONIGHT.
TONIGHT, THEY'RE WORKING WITH THE SCHOOL DISTRICT. AND TONIGHT, THE SCHOOL DISTRICT REPRESENTATIVE, KAREN BLACK, IS HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE REGARDING THAT MITIGATION NEGOTIATION THAT THEY'RE REQUIRED TO DO.
THEY'RE IN THE PROCESS OF MITIGATION. THE PRELIMINARY PLAT IS CURRENTLY UNDER REVIEW.
AND BY BY THE HOPEFULLY BY THE TIME STAFF APPROVES PRELIMINARY PLAT, BECAUSE NOW THEY'RE ADMINISTRATIVE APPROVED, IT WILL BE IN THEIR DEVELOPMENT AGREEMENT AND HOPEFULLY THE MITIGATION NEGOTIATIONS WILL BE COMPLETED ON WHAT THEY'RE REQUIRED TO DO.
THEY HAVE NOT BEEN PROVIDED WHAT THAT IMPROVEMENT MAY BE.
IT COULD BE A SCHOOL. IT COULD BE AN ADDITION.
WE DON'T KNOW WHAT THAT IS YET. THEY ARE WORKING WITH THE SCHOOL DISTRICT ON THAT.
SECTION 185 057 THE APPLICANT MET THE PDP IN THE FINAL.
THE FINAL DEVELOPMENT APPLICATION REVIEW CRITERIA.
A CITIZEN PARTICIPATION PLAN MEETING WAS HELD ON AUGUST 8TH, 2023 AT THE HOLIDAY INN AND SUITES AND MEETING ROOM IN A MEETING ROOM LOCATED ON MALABAR ROAD. NOTIFICATION WAS MAILED OUT. THE PLANNING AND ZONING BOARD REVIEWS ALL APPLICATIONS AT THE PUBLIC HEARING, AND MAKES A RECOMMENDATION BASED ON THE REVIEW CRITERIA.
STAFF RECOMMENDS APPROVAL OF LOTUS PALM BAY PRELIMINARY DEVELOPMENT PLAN, BASED ON THE FINDINGS THAT THE PROPOSED PLAN IS IN CONFORMANCE WITH THE REVIEW AND APPROVAL CRITERIA OF THE CITY OF PALM BAY'S LAND DEVELOPMENT CODE 185 057.
THEY CAN APPROVE, APPROVE WITH CONDITIONS OR DENY THE PROJECT.
AND STAFF ALSO APPROVES THE FINAL DEVELOPMENT PLAN, HOWEVER, WITH THE FOLLOWING CONDITION THAT PRIOR TO THE PRELIMINARY PLAT APPROVAL, THE DEVELOPER AND THE SCHOOL BOARD SHALL ENTER INTO THE NEGOTIATION PERIOD TO DISCUSS PROPORTIONATE FAIR SHARE FOR MITIGATIONS PER THE ILA.
[00:25:08]
AGAIN, THE PLANNING AND ZONING BOARD MUST RECOMMEND TO CITY COUNCIL WHETHER TO APPROVE, APPROVE WITH CONDITIONS OR DENY THE APPLICANT'S REQUEST.AND I'M HERE TO ANSWER ANY QUESTIONS. AND THE APPLICANT ALSO HAS A PRESENTATION.
OKAY. COULD YOU GO BACK A COUPLE SLIDES TO THAT? SURE. ONE MORE. YEAH. YEAH. IF YOU COULD LEAVE IT THERE, PLEASE.
ALL RIGHT. WE'LL BRING THIS BACK TO THE BOARD FIRST FOR ANY QUESTIONS FOR STAFF.
WELL, I GUESS I DON'T HAVE A QUESTION FOR STAFF, BUT THE SCHOOL BOARD REPRESENTATIVE, IF THEY CAN EXPLAIN A LITTLE BIT MORE ON THE THE MITIGATION PLAN FOR HOW TO OFFSET THE ADDED STRAIN ON THE LOCAL SCHOOLS AND WHAT THAT PLAN IS.
I'D BE INTERESTED TO KNOW. WE'LL GO THERE IN A SECOND.
ANY OTHER QUESTIONS ABOUT THE OTHER THAN THE THE SCHOOL PIECE OF IT FROM THE BOARD? I DO HAVE A QUESTION. IS THERE A POSSIBILITY THAT THE COMMERCIAL SPACE WOULD BE COMPLETED BEFORE PHASE TWO OF THE ROAD IS DONE? NO. THE COMMERCIAL IS IS DESIGNED FOR PHASE FIVE TO BE BUILT UNLESS THEY DO HAVE SOMEONE COME IN SOONER, BUT THE ROAD HAS TO BE COMPLETED TOWARDS THAT WAY TO HAVE ACCESS.
IT WILL HAVE ACCESS IN PHASE TWO. SO DEPENDING ON WHAT THE USER IS AND IF THAT WOULD SHOW THAT, THE ROAD WOULD HAVE TO BE FOUR LANE BY PHASE TWO INSTEAD OF BY PHASE FOUR, THAT WOULD BE UP TO THE DEVELOPER IF THEY HAVE SOMEONE COME IN.
YEAH. THAT'S WHERE THE ONE CONCERN THAT I HAD IS THAT YOUR COMMERCIAL IS IN PHASE TWO.
I'M SORRY, YOUR COMMERCIAL IS ON THE SECOND HALF.
I DIDN'T WANT PEOPLE ACCESSING COMMERCIAL THROUGH THE NEIGHBORHOOD WHEN IF THEY FELT THAT THE ROAD WAS YOU KNOW, ONLY TWO LANES ARE NOT ACCESSIBLE. THEY WILL BE ACCESSED OFF THE SAINT JOHN'S HERITAGE PARKWAY.
THEY HAVE THEIR OWN. LET ME BRING. YEAH. I SAW A THIRD ENTRANCE.
YEAH. SORRY FOR DIZZINESS. GOING THROUGH THE SLIDES.
RIGHT IN HERE IS WHERE THE COMMERCIAL WILL BE GOING.
AND THEY HAVE THEIR ENTRANCE HERE TO GO THROUGH THE COMMERCIAL TO GET TO THEIR COMMERCIAL.
OKAY. YEAH. ALL RIGHT. THAT WAS THAT WAS MY QUESTION.
DID YOU WANT THE APPLICANT TO GIVE PRESENTATION? IS THAT THE WAY YOU GUYS HAD PLANNED? YEAH. SORRY.
BUT IF YOU WANT THE APPLICANT, GO AHEAD. THAT'S FINE WITH ME.
NO PROBLEM. YEAH. WE ONLY HAVE A COUPLE OF SLIDES.
STAFF DID SUCH A THOROUGH PRESENTATION, I DON'T HAVE REALLY MUCH TO ADD.
MY NAME IS JAKE WISE, CIVIL ENGINEER FOR THE PROJECT.
WE HAVE OUR ENTIRE DEVELOPMENT TEAM HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE THAT I MIGHT NOT BE ABLE TO ANSWER, INCLUDING THE OWNER OF THE PROJECT. DO YOU HAVE THE POINTER? AWESOME. THANK YOU. SO THIS HAS JUST BEEN A COUPLE OF DECADES IN THE MAKING.
WE HAVE BEEN KIND OF PLANNING THIS WHOLE SOUTHEAST REGION, AND THE DEVELOPER HAS BEEN WORKING VERY CLOSELY WITH NOT JUST THE CITY, BUT ALSO THE ADJACENT DEVELOPMENTS. WE HAVE EMERALD LAKES TO THE NORTH, WE HAVE ASHLAND PARK TO THE SOUTH, AND RIGHT NOW EMERALD LAKES HAS BROKEN GROUND ON THEIR CONSTRUCTION OF THEIR FIRST PHASE.
THAT INCLUDES ABOUT A $14 MILLION UTILITY EXTENSION THAT BRINGS UTILITIES TO THE WEST SIDE OF I-95.
THIS DEVELOPMENT TEAM HAS DESIGNED PERMITTING UTILITY CROSSINGS OF I-95, THE PARKWAY EXTENSION TO THE EAST, WHICH IS WHAT YOU SEE HIGHLIGHTED HERE IN YELLOW FROM THE EXISTING INTERCHANGE THROUGH EMERALD LAKES DOWN TO MICCO ROAD, WHICH YOU HEARD STAFF GIVE A LOT OF DETAILS ABOUT THE PHASING ON.
[00:30:06]
AND THEN ULTIMATELY DOWN TO MICCO ROAD. WE HAVE WORKED VERY CLOSELY WITH THE SCHOOL BOARD, AND I KNOW THEY'LL SPEAK IN A FEW MINUTES. WE HAVE PROJECTS THAT THE SCHOOL BOARD IS DOING THAT IS, IS EXPANDING STUDENT CAPACITY AND SOME OF THEIR SCHOOLS.WE HAVE ALSO BEEN WORKING WITH CHARTER SCHOOLS.
THERE'S A PROJECT JUST TO THE WEST OF EMERALD LAKES THAT ODYSSEY IS DOING K TO EIGHT SCHOOL, AND THAT IS ONE OF THE SHORTAGES THAT YOU'LL HEAR FROM THE SCHOOL BOARD THAT IS MOVING FORWARD.
IF YOU'RE NOT FAMILIAR WITH ODYSSEY, THEY HAVE MULTIPLE CAMPUSES IN PALM BAY, HAVE BEEN HERE ALSO FOR A COUPLE OF DECADES AND HAVE RECEIVED NUMEROUS CITY COUNCIL AWARDS FROM FOR THEIR SUCCESS. WE ALSO HAVE IN ASHTON PARK TO THE SOUTH, WE HAVE A 30 ACRE SITE THAT IS BEING PROVIDED TO THE SCHOOL BOARD, AND WE'RE WORKING CLOSELY WITH THEM ON THE DEVELOPMENT OF THAT.
SO WHILE YOU'RE LOOKING AND TONIGHT VOTING ON LOTUS, THERE IS A BIGGER PICTURE OF THIS WHOLE REGION.
THAT'S WHY I MENTIONED THIS HAS BEEN A COUPLE OF DECADES IN THE PLANNING WHERE WE HAVE MULTIPLE SCHOOL SITES, WE HAVE FIRE STATION SITES, WE HAVE POLICE STATION SITES, WE HAVE WATER TANK SITES FOR CAPACITY AND PRESSURE.
THEY ARE THIS CLOSE TO COMPLETING A WASTEWATER TREATMENT PLANT EXPANSION THAT WOULD ALSO DESIGNED FOR THIS, AND THEY NOT ONLY DESIGNED IT FOR THIS INITIAL GROWTH, THEY DESIGNED IT FOR THE FUTURE GROWTH OF THIS WHOLE AREA WHERE THEY'RE ABLE TO PUT IN MILLION GALLON PLANT CAPACITIES AS IT BECOMES NEEDED.
SO THEY'RE PUTTING IN ALL THIS INFRASTRUCTURE WITH THAT DISSIPATION OF THIS GROWTH.
ONE OF THE QUESTIONS THAT WERE ASKED ALL THE TIME IS WHAT IS THE DEVELOPMENT ASKING OF THE CITY? WE'RE NOT THIS IS DEVELOPER DRIVEN. THIS IS DEVELOPER DOLLARS, EXTENDING THE ROADS, EXTENDING THE UTILITIES, MAKING ALL THIS HAPPEN. SO THAT IS HOW WE ARE MOVING FORWARD.
WE HAVE A DEVELOPER'S AGREEMENT THAT WE'RE PRETTY CLOSE TO FINALIZING AS WELL.
THAT PUTS ALL OF THAT IN WRITING AN AGREEMENT WITH THE CITY SO THAT THE CITY HAS A CONTRACT, BASICALLY WITH THE DEVELOPERS, TO MAKE SURE THAT THAT IS HOW IT MOVES FORWARD.
WE HAVE OUR FUTURE LAND USE ALREADY APPROVED.
WE HAD CITY STAFF RECOMMENDATION OF APPROVAL.
WE HAD THIS BOARD, WHICH SOME OF YOU DID NOT SEE THE PROJECT PREVIOUSLY.
WE HAD UNANIMOUS RECOMMENDATION FOR APPROVAL FROM THIS BOARD, AND CITY COUNCIL DID A DEEP, DEEP DIVE INTO THE SITE PLAN, EVEN THOUGH THEY WERE JUST VOTING ON THE FUTURE LAND USE.
AND THEY ALSO UNANIMOUSLY SUPPORTED THE PROJECT PREVIOUSLY.
SO ONE OF THE UNIQUE FEATURES OF THIS SITE IS THAT WE'RE SURROUNDED EAST AND WEST BY EELS.
EELS IS ENVIRONMENTALLY ENDANGERED LANDS. IT'S PRESERVED IN PERPETUITY.
THIS THE COUNTY MAINTAINS IT, AND IT'S OPEN TO THE PUBLIC.
SO ONE OF THE GREAT FEATURES OF THIS SITE. WHAT DID I DO? THERE WE GO. IS THAT WE HAVE A PUBLIC TRAILHEAD HERE SO THAT ALL THESE THOUSANDS OF PRESERVED ACRES YOU SEE UP HERE CAN BE ACCESSIBLE BY THE PUBLIC. SO NOT JUST BY THIS DEVELOPMENT.
IT'S FOR ALL THE PUBLIC TO BE ABLE TO ACCESS.
THE CITY STAFF AND US HAVE WORKED VERY CLOSELY WITH THEM TO MAKE THAT HAPPEN.
YOU CAN HIKE, BIKE, RIDE HORSES GO THROUGH ALL OF THOSE AREAS, AND WE'RE EXCITED ABOUT THAT.
WE EVEN AT THEIR REQUEST AND WORKING WITH THE CITY, MOVED ONE OF OUR COMMERCIAL PROJECTS, WHICH WAS A DAYCARE YOU SAW THEM FOCUS ON EARLIER.
IT WAS OVER THIS LOCATION PREVIOUSLY. WE RELOCATED TO TAKE IT AWAY FROM THE PROPERTIES IN CASE THERE'S EVER A PRESCRIBED BURN OR AN UNINTENDED BURN, AND TO BE ABLE TO ADD THAT PUBLIC TRAILHEAD. SO WE'VE BEEN WORKING WITH STAFF AND OUR NEIGHBORING PROPERTY OWNERS TO MAKE THAT HAPPEN.
THIS IS NOT A HIGH INTENSITY CRAM THEM AND RAM THEM IN TYPE OF PROJECT.
THIS IS ONLY LESS THAN FOUR ACRES PER UNIT FOR THE WHOLE PROJECT.
[00:35:04]
THERE'S TWO EXISTING LAKES THAT ARE THERE TODAY THAT ARE ACTUALLY BEAUTIFUL, AND WE ARE INTENDING JUST TO REGRADE THE PERIMETERS OF THEM, MAKE THEM PUBLICLY ACCESSIBLE.WE'RE REALLY EXCITED ABOUT THE WALKABLE PART OF THE COMMUNITY WITH A COMMERCIAL CENTER HERE.
BIG, NICE, WIDE, LONG PATH THAT YOU CAN COME THROUGH HERE.
ALSO RIGHT THROUGH HERE AND INTERCONNECTIVITY AGAIN WITH THAT PUBLIC TRAILHEAD.
SO THE WALKABILITY, THE CONNECTIVITY OF THE PROJECT IS VERY EXCITING.
THIS PROJECT HAS MORE OF A NEIGHBORHOOD COMMERCIAL COMPONENT TO IT BECAUSE WE HAVE EMERALD LAKES TO THE NORTH, WHICH IS ALL FOUR QUADRANTS OF THE I-95 INTERCHANGE.
THEY'VE GOT TWO POINT 2,000,000FT² FEET OF COMMERCIAL SPACE.
OF OUR 350 PLUS ACRES, WE HAVE OVER 98 ACRES OF OPEN SPACE, LANDSCAPING OF THE LAKE.
THAT'S ALMOST 30% OF THE PROJECT. SO WE REALLY ARE CONCENTRATING ON PARKING BOX PARKS, BIG PARKS.
AGAIN, A LOT OF THAT WALKABLE AMENITIES. WE HAVE NO WETLANDS ON THIS SITE.
SO ANOTHER BENEFIT TO THE PROJECT. OVERALL, THE CRITERIA THE CITY HAS FOR THEIR PDP AND FDP. AND AGAIN, AS STAFF IDENTIFIED, WE HAVE THE TWO VOTES TONIGHT.
SO THAT BEING SAID, I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE.
ANY QUESTIONS FOR THE APPLICANT, MR. CHAIR? YEAH, SURE.
MR. WEISS, THANK YOU FOR THIS BRILLIANT PRESENTATION.
WHERE WOULD THE FIRE STATION BE? IS THAT GOING TO BE ASHTON PARK OR ELSEWHERE? SO WE HAVE A TEMPORARY FIRE STATION LOCATION AT WATERSTONE, WHICH IS JUST SOUTH OF SUNRISE ELEMENTARY SCHOOL OFF MIRALOMA.
WE'RE PUTTING A PERMANENT FIRE STATION IN PALM BAY POINT EAST, WHICH IS JUST EAST OF BABCOCK STREET ON THE SOUTH SIDE OF THE SAINT JOHNS HERITAGE PARKWAY. AND THEN ASHTON PARK HAS A POLICE AND FIRE STATION SITE RIGHT HERE IMMEDIATELY TO OUR SOUTH.
THANK YOU VERY MUCH. YOU CHECK A LOT OF BOXES? THE FIRE STATION THE SCHOOL CONCURRENCY ALSO DEDICATED 30 ACRES.
DO YOU FEEL THAT THIS HARRIS PARKWAY DOES NEED TO BE FOUR LANED? THE REASON WHY I'M SAYING THAT IS BECAUSE OF THE EELS AND ON EACH SIDE OF THE PROPERTY.
IT IS DESIGNED FOR FOUR LANES. IT'S ACTUALLY DESIGNED FOR SIX LANES IF NECESSARY.
WE DON'T THINK IT WILL BE NEEDED, BUT IT'S GOT A 200FT OF RIGHT OF WAY.
AND SO YEAH, THE ULTIMATE IS ANTICIPATE DEFINITELY BE FOUR LANES.
THE ASHTON PARK PROJECT WILL DRIVE THAT TO TO BE A BIGGER ROAD FOR SURE.
OKAY. SO AND THE FOUR LANES, PHASE FIVE. I'M SORRY.
THE FOUR LANES WOULD HAPPEN IN PHASE FIVE. WELL, THE FOUR, THE FOUR LANES, IF ASHTON PARK NEVER HAPPENS, WOULD HAPPEN IN OUR FINAL PHASE OF OUR PROJECT.
THANK YOU SIR. WE ANTICIPATE IT'LL BE FOUR LANED SOONER THAN THIS, BUT IF FOR ANY REASON IT DOESN'T HAPPEN, LOTUS HAS TO BE ABLE TO STAND ON ITS OWN. THANK YOU.
THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? YEAH. ACTUALLY YOU KIND OF ANSWERED MY QUESTION WHEN IT CAME DOWN TO THE COMMERCIAL WHEN YOU SAID THAT IT WOULD BE NEIGHBORHOOD COMMERCIAL.
SO THE ONLY OTHER QUESTION I WOULD HAVE, WOULD THERE BE ANYTHING THAT WOULD STOP YOUR COMMERCIAL OR OR THAT THE COMMERCIAL WOULD BE CANCELED BECAUSE OF ANY OTHER CIRCUMSTANCES? IS THERE ANYTHING THAT WOULD JUST THAT YOU WOULD JUST SAY, HEY, WE JUST CAN'T PUT COMMERCIAL OUT THERE. AND NO, NO, WE'RE REALLY EXCITED ABOUT IT.
ACTUALLY. WE HAVE. LET ME GO BACK A SLIDE IF I CAN.
THERE WE GO. SO WE HAVE AS I MENTIONED BEFORE, THE DAYCARE RIGHT HERE.
AND THEN WE HAVE DESIGNED IN DETAIL THIS WHOLE COMMERCIAL PROJECT RIGHT HERE.
AND WE ABSOLUTELY BELIEVE THAT OUR PROJECT WILL SUPPORT THAT.
WE GOT TO GET THE ROOFTOPS BEFORE THE COMMERCIAL. YOU ALWAYS SAY THAT. YEAH.
ANY OTHER QUESTION FOR THE APPLICANT? YEAH. MR. CHAIR. I'M JUST CURIOUS. THE IF YOU COULD TALK A LITTLE BIT ABOUT THE TRAFFIC STUDY AND WHAT'S THE IMPACT TO THE BABCOCK? DO YOU EXTEND THAT FAR? SO THE OVERALL PROJECT DOESN'T ANTICIPATE A LOT OF TRIPS TO BABCOCK STREET BECAUSE THE MAJORITY OF IT.
[00:40:10]
I DO IT AGAIN. THANK YOU SO MUCH. SO OUR PROJECT, THE 353 ACRES WILL MOSTLY GO TO I-95 IN THE PARKWAY.WE DO ANTICIPATE SOME TRIPS THAT WOULD GO FURTHER WEST TO BABCOCK STREET.
AND THERE'S A LOT OF COMMERCIAL IN BETWEEN THERE.
BUT THE MOST OF THE DAILY TRAFFIC WE ANTICIPATE TO BE GOING TO JOB CENTERS HOPEFULLY HERE, BUT ALSO, NORTH ON I-95. YEAH, MAYBE IT EXTENDS INTO WHEN THE SCHOOL BOARD TALKS A LITTLE BIT ABOUT IT.
JUST MY MY POINT OF VIEW. YOU NONE OF THE SCHOOLS THAT ARE ON THE LISTING WOULD TAKE I-95 ROUTE.
THEY WOULD GO THROUGH BABCOCK IF I LIVED HERE LONG ENOUGH.
THE EXISTING SCHOOLS, THE EXISTING SCHOOLS ARE WHERE THEY ARE.
GOING TO BAYSIDE. SOUTHWEST COLUMBIA? AND OTHERS.
I WAS JUST CURIOUS TO SEE IF THERE WAS ANY IMPACT FROM THAT, ESPECIALLY SUNRISE RIGHT THERE AS WELL.
I MEAN, OBVIOUSLY THAT'S A SHORT TRIP, BUT YEAH, I'M SORRY, I DIDN'T KNOW YOU MEANT SCHOOL TRAFFIC. SO WITH RESPECT TO SCHOOL TRAFFIC, YEAH, THE EXISTING SCHOOLS WOULD COME TO THE BABCOCK STREET AREA.
WE DO HAVE AN ODYSSEY SCHOOL, WHICH IS A K TO EIGHT THAT WE'RE WORKING ON RIGHT NOW.
THAT IS ACTUALLY ON THE SAINT JOHNS HERITAGE PARKWAY HEADING WEST.
AND SO THAT WOULD NOT HAVE ANY TRIPS OUT TO BABCOCK STREET.
THANK YOU. I HAVE A QUESTION. SO THERE'S EELS ON THE LEFT.
THERE'S EELS ON THE RIGHT. WHAT MAKES THE SITE IN THE MIDDLE NOT WORTHY OF BEING PROTECTED? OR LIKE WHAT'S WHAT'S DIFFERENT ABOUT THE SITE IN THE MIDDLE? SO THE ENVIRONMENTALLY ENDANGERED LANDS WAS SOMETHING THAT WAS APPROVED BY THE VOTERS A LONG TIME AGO, AND THEY PURCHASED THE LANDS THAT THEY DID.
AND WHAT IS ASHTON PARK? IS THAT ANOTHER DEVELOPMENT THAT'S GOING IN? YES. SO ASHTON PARK IS A PROJECT THAT HAS BECOME BEFORE THIS BOARD PREVIOUSLY IT HAS A FUTURE LAND USE APPROVAL.
IT WILL BE COMING BACK IN THE FUTURE. SO IT IS 1700 ACRES AROUND MICCO ROAD, AND IT ALSO IS RELIANT ON THE EXTENSION OF THE PARKWAY, AND THAT'S WHY THIS DEVELOPMENT HAS BEEN WORKING COOPERATIVELY WITH THEM, ALONG WITH EMERALD LAKES.
IT'S GOT A LARGE COMMERCIAL CORRIDOR. D'AMICO ROAD.
AND THEN IT HAS A MIX OF DIFFERENT TYPES OF RESIDENTIAL AS WELL.
HOW CAN PEOPLE JUST GO HAVE A 3 OR 4 ACRE PLOT WITH A HOUSE ON IT? IF EVERYTHING'S GOING TO BE A DEVELOPMENT? LIKE, DOES THE FUTURE LOOK LIKE DEVELOPMENTS ON EVERY SQUARE FOOT OF BREVARD COUNTY, OR IS IT IS THERE EVER GOING TO BE A POINT WHERE YOU CAN HAVE A FARMHOUSE AND A COUPLE ACRES? LIKE WHAT I'M ASKING IS ALL I'M SEEING ARE DEVELOPMENTS, AND IT JUST SEEMS TO BE LIKE ENCROACHING EVERYWHERE.
YOU SAID IT'S NOT A CRAM IT IN, RAM IT, BUT THERE'S THREE HOUSING UNITS PER ACRE, RIGHT? IS THAT A THIRD OF AN ACRE PER HOUSING UNIT? TECHNICALLY, YEAH.
WELL, IT'S A MIX OF DIFFERENT TYPES OF HOUSING UNITS BETWEEN SINGLE FAMILY TOWNHOMES AND APARTMENTS.
SO YOU HAVE DIFFERENT DENSITIES. AND THE WAY WE DO THAT THROUGH PLANNING IS THAT WE HAVE THE HIGHER DENSITY NEARER THE COMMERCIAL TO HELP THE COMMERCIAL BE SUCCESSFUL. AND AS YOU GO FURTHER AWAY, WE HAVE THE LOWER DENSITY.
SO WHAT IT SEEMS LIKE IS LIKE DEVELOPMENTS ARE JUST USURPING THE AUTHORITY OF CITIES AND BECOMING CITIES THEMSELVES, LIKE SELF-CONTAINED LITTLE CITIES. LIKE, IF SOMEONE WERE TO GO TO ONE OF THESE INTERSECTIONS OF THESE ROADS AND HOLD A SIGN THAT WERE PROTECTED BY THE FIRST AMENDMENT, BUT WERE NOT, YOU KNOW, GOOD FOR COMMERCIAL OR WHATEVER.
WOULD THEY THEY COULD BE REMOVED FROM THAT BECAUSE IT'S PRIVATE, RIGHT, WITH THE HOA OR WHOEVER CAN REMOVE THEM. SO SO WHAT THE FEEDBACK WE HAVE FROM THE CITY COUNCIL, FROM WORKING WITH STAFF, FROM THE THE WAY THE MARKET HAS EVOLVED AND IT'S CHANGED A LOT JUST OVER THE COUPLE OF YEARS THIS PROJECT'S BEEN IN THE MAKING, IS THAT THEY'RE LOOKING FOR THAT WALKABLE COMMUNITY. THEY'RE LOOKING TO GET ON THEIR GOLF CART. THEY'RE LOOKING TO WALK THEIR DOG. THEY WANT TO GO TO THE COFFEE SHOP. THEY WANT TO JUMP INTO THE GROCERY STORE, AND THEY DON'T WANT TO HAVE TO GET IN THEIR CAR AND DRIVE A LONG DISTANCE.
SO YOU'RE SEEING A LOT OF THESE WALKABLE TYPE COMMUNITIES THAT HAVE THE MIXED USE, RIGHT? IT'S JUST I THINK IT'S JUST DYSTOPIAN, I GUESS IS THE WORD I'M LOOKING FOR IS DYSTOPIAN TO ME.
IF YOU WERE TO, LET'S SAY LET'S GET SPICY, LET'S SAY YOU WANTED TO OPEN CARRY YOUR GUNS OR WHATEVER,
[00:45:02]
EXCEPT EXERCISE YOUR SECOND AMENDMENT AND GO FISHING.YOU COULDN'T DO THAT HERE BECAUSE THEY WOULD HAVE YOU REMOVED. IT'S PRIVATE. SO THESE HOA'S AND THESE PRIVATE CITIES ALL OVER THE PLACE, WE'RE LOSING OUR RIGHTS. WE'RE LOSING OUR COUNTRY TO A PRIVATE ENTITY.
IT MAKES ME FEEL BAD. I DON'T KNOW WHAT I COULD DO ABOUT IT. IF THERE'S A CRITERIA THAT I COULD USE TO TO NOT DO SO, I'LL TELL YOU. THE CITY OF PALM BAY HAS A LOT LARGER LOT AREAS.
MALABAR, THAT'S WHAT THEY ARE. THEY'RE MOSTLY TWO AND A HALF TO FIVE ACRE LOTS.
AND THAT'S AROUND THIS EXACT SAME CORRIDOR IN THIS COMMUNITY.
THIS YIELDS THOUSANDS OF ACRES, THIS SEBASTIAN SAINT PRESERVE, THOUSANDS OF ACRES, HUNDREDS OF ACRES HERE OF PRESERVATION LANDS. SO ABSOLUTELY HIKING, FISHING, BIKING, HORSE RIDING.
IT'S ALL THERE. WHO OWNED IT BEFORE YOU GUYS BOUGHT IT? IT'S BEEN THE SAME OWNER FOR A LONG PERIOD OF TIME.
THEY HAVE THE TWO LAKES THAT THEY CREATED TO PROVIDE FILL FOR PROJECTS.
AND AGAIN, THERE'S NO ENVIRONMENTAL IMPACTS WHATSOEVER.
THERE'S NO SPECIMEN TREES, BUT IT WAS LIKE FARMLAND.
IT WAS LIKE OLD FLORIDA FARMLAND. YES. THAT'S MY WHOLE POINT.
YEAH. AND ASHLEY PARK, THE SAME TREE FARMS, FARMLAND.
AND IN THIS PART OF THE CITY OF PALM BAY. ALL RIGHT.
I'M GOING TO BRING IT BACK AND FINALLY LET SCHOOL BOARD BE ABLE TO SAY SOMETHING.
THAT'S GREAT. WE DO APPRECIATE A CHANCE TO RESPOND TO ANY PUBLIC COMMENTS AS WELL.
OF COURSE. THANK YOU. THANK YOU. GOOD EVENING.
I'M OPTIMISTIC THAT WE'LL WORK SOMETHING OUT.
THE SCHOOL DISTRICT IS WILLING TO WORK WITH ALL THE DEVELOPERS IN THE SOUTH AREA.
BUT I CAN TELL YOU SOME OF THE PROJECTS THAT WE HAVE GOING ON.
WE ARE CURRENTLY IN THE PROCESS OF EVALUATING AND TURNING SUNRISE ELEMENTARY SCHOOL INTO A K-8.
SO WE WANT TO PUT A BUILDING ADDITION THERE, BUILD A GYM AND BUILD A TRACK, AND PUT SOME CLASSROOM ADDITIONS THERE TO ADD THE GRADES TO MAKE IT A K-8. WE ALSO ARE DOING A LARGE CLASSROOM ADDITION AT WESTSIDE BECAUSE WESTSIDE HAS REACHED 100% CAPACITY, AND WE'RE DOING A TWO STORY BUILDING ADDITION AT BAYSIDE.
ALL THOSE PROJECTS ARE CURRENTLY IN THE WORKS.
AND WE LIKE I SAID, WE HAVE THE APPLICATION FOR THE NEGOTIATION, AND WE'RE CURRENTLY WORKING ON THAT IN-HOUSE AND GETTING READY TO GET BACK IN CONTACT WITH THE DEVELOPER TO WORK THAT OUT. I'M OPTIMISTIC THAT WE CAN WORK SOMETHING OUT.
WE HAVE PULLED THE DEVELOPERS TOGETHER, AS MANY AS WE COULD MUSTER IN THIS AREA AND WE, YOU KNOW, DISCUSSED THE FACT THAT IT'S PRETTY MUCH ABOUT, YOU KNOW, I THINK I CALCULATED 33,000 HOMES IN ALL OF THE DEVELOPMENTS THAT WE KNOW ARE COMING, AND THAT EQUATES TO ABOUT 12,000 STUDENTS.
AND WE THINK THAT'LL NEED ABOUT 11 SCHOOLS. BUT THAT'S NOT JUST, YOU KNOW, OUR TRADITIONAL SCHOOLS.
THAT'S THE CHARTER SCHOOLS. WE KNOW OF QUITE A FEW CHARTER SCHOOL POSSIBILITIES.
WE ARE WORKING WITH ASHTON PARK, AS JAKE SAID WITH THE SCHOOLS, A 30 ACRE SCHOOL SITE THERE, AND WE'RE HOPING TO HAVE SOME KIND OF AGREEMENT WITH THAT AS WELL.
DO YOU HAVE ANY OTHER QUESTIONS? ALL RIGHT. WE'LL OPEN IT UP TO THE BOARD.
IF YOU HAVE ANY QUESTIONS YOU WOULD LIKE TO START WITH. YEAH.
MAYBE I SHOULD ASK THE APPLICANT THIS, AND MAYBE SOMEONE CAN ANSWER THIS OUT LOUD.
HOW LONG FOR ALL PHASES TO BE COMPLETE FOR THE LOTUS? ALL FIVE PHASES. HOW MANY YEARS? MAYBE JUST SHOUT IT OUT OR YOU GO TO THE PODIUM.
THEN COME RIGHT BACK. SHOUT IT OUT. THAT'LL GO THERE.
DOES IT HIT THE RECORD IF WE SHOUT IT OUT? YEAH.
SO THAT WILL BE OF COURSE MARKET DRIVEN. BUT IT'S PROBABLY ABOUT A TEN YEAR PROJECT.
TEN NEVER KNOW THOUGH FOR SURE. OKAY. THANK YOU.
THAT WAS ALL. THAT WAS THE ONLY QUESTION FOR THAT. AND THEN LEAD INTO ANOTHER ONE FOR MY BACKGROUND.
[00:50:04]
WHAT GIVEN THAT'S A TEN YEAR TIMELINE, DO YOU BELIEVE THAT THE SCHOOL BOARD WILL BE ABLE TO KEEP PACE WITH THAT? AS FAR AS YOU KNOW, I'M ASSUMING THEY WOULDN'T BE FUNDING ANY SORT OF EXPANSION OR ANYWHERE.BUT OR MAYBE TO A FULL EXTENT. WHAT WOULD BE THE TIMELINE FOR YOUR SIDE OF THINGS BECAUSE, I MEAN, I CAN'T REALLY SPEAK AS AS TO WHAT THE TIMELINE IS FOR CONSTRUCTION OF ANY PROJECTS BECAUSE WE CURRENTLY WOULD HAVE TO, YOU KNOW, WORK THAT OUT. YEAH. BUT ONE THING I DO WANT TO POINT OUT IS THAT WHEN WE DO THE CONCURRENCY SCHOOL CONCURRENCY REVIEW IS WE PACK EVERYTHING INTO OUR FIVE YEAR PROJECTIONS WHEN REALISTICALLY, CONSTRUCTION IS SLOWER THAN THAT.
SO IT DOES GIVE US A LITTLE BIT MORE TIME, IF THAT MAKES SENSE.
YEAH. BECAUSE LIKE WHEN WE GET, YOU KNOW, THE DEVELOPER WILL SAY THEY'RE GOING TO BUILD LIKE 200 UNITS THIS YEAR, 200 UNITS NEXT YEAR, 200 UNITS THE FOLLOWING YEAR.
IN ALL REALITY, THEY MAY, YOU KNOW, BEFORE I DO PROJECTIONS IN NOVEMBER FOR STUDENT MEMBERSHIP, I TAKE ALL THAT INFORMATION WITH THE LOCAL MUNICIPALITIES INTO ACCOUNT.
AND I ACTUALLY LOOK AT CERTIFICATE OF OCCUPANCIES AND THEY MAY ONLY GET 50, NOT 200 A YEAR.
SO IT, YOU KNOW, IT SPREADS OUT A LITTLE BIT MORE.
SO, YOU KNOW, IT MIGHT ONLY BE 33 STUDENTS SHORT.
BUT WHEN I DO THE STUDENT MEMBERSHIP PROJECTIONS, I'M MORE REALISTIC BECAUSE THEN I BACK IT DOWN AND I PUT THE ACTUAL RATE OF, YOU KNOW THE CERTIFICATE OF OCCUPANCY. YEAH. YEAH.
I JUST JUST MY PERSPECTIVE. MAYBE I'M SPEAKING OUT LOUD HERE, BUT I DON'T THINK ANY OF THE OTHER SCHOOLS THAT WERE THE BACKUP PLAN ARE ACCESSIBLE FROM A PROPERTY THIS SOUTH IN PALM BAY. GIVEN THE ROADS, EVEN IF YOU TOOK 95.
SO YOU WOULD PUT ALL THE STRAIN ON BAYSIDE, WEST SIDE AND SOUTHWEST, WHICH THOSE ARE, AS WE ALL KNOW, IN THE FIRE DEPARTMENT AND POLICE DEPARTMENT, THOSE ARE VERY HARD TO WEAVE IN AND OUT OF COMMUNITIES.
ALL OF THOSE SCHOOLS ARE ALREADY AT CAPACITY, AND I BELIEVE FROM MY KNOWLEDGE OF AT LEAST BAYSIDE.
AND THAT'S BEFORE THAT'S EVEN THERE AND THAT'S BEFORE ANY SORT OF EXPANSION AT BAYSIDE.
THAT. SO MY QUESTION IS, I GUESS. I'M ALL FOR APPROVING WITH CONDITION THAT THOSE NEGOTIATIONS ARE CLOSED. BUT DOES THE NEGOTIATIONS AND THE FINAL OUTCOME GET TO BE APPROVED THEN BY THE CITY COUNCIL OR IS IT THE CITY COUNCIL APPROVES AND THEN THAT DOESN'T COME BACK AND YOUR NEGOTIATIONS OR WHATEVER THEY ARE IS THAT I DON'T BELIEVE IT COMES BACK.
THAT'S WHY IT'S IN THE DEVELOPER'S AGREEMENT. I'M HERE ON BEHALF OF THE APPLICANT BEFORE PRELIMINARY PLAT. WE HAVE TO HAVE AN AGREEMENT.
OKAY. OKAY. ALL RIGHT. THAT'S ONE OF MY CONCERNS.
AS LONG AS CITY COUNCIL AND WHATEVER CONDITION I NEED TO PUT ON OR RECOMMEND TO THE COUNCIL, TO THE BOARD THAT THE CITY COUNCIL HAS THEIR FULL ABILITY TO DO WHATEVER THEY NEED TO DO TO MAKE SURE THAT WE ARE NOT OVERPOPULATING OUR SCHOOLS.
SO WHO'S GOING TO BUILD IT? WHO'S GOING TO PAY FOR IT? YEAH.
THANK YOU, MR. CHAIR. YEAH. MAY I HAVE YOUR TITLE, IF YOU DON'T MIND YOUR TITLE? I'M THE MANAGER OF FACILITIES PLANNING. THANK YOU.
ANY OTHER QUESTIONS? I THINK YOU ADDRESSED MOST OF THE QUESTIONS THAT I HAD.
AND, YOU KNOW, WE'RE SEEING A LOT OF OR WE HAVE SEEN IN THE PAST A LOT OF TRAILER USAGE AND HOW DOES THAT GET AT THE SCHOOLS? YOU HAVE TRAILERS AT THE SCHOOLS, YOU KNOW, THESE THESE TEMPORARY OCCUPANCY OCCUPANCY SOLUTIONS I THINK IS PROBABLY WHAT THEY COULD BE CALLED. HOW MUCH ARE WE RELYING ON THOSE NOW? HOW MUCH MORE WILL WE BE RELYING ON THOSE? I WOULD HATE FOR THE AGREEMENT TO BE THAT TRAILERS.
[00:55:08]
AT BAYSIDE. WE ARE, BECAUSE OF THE CAPACITY AT WESTSIDE, GOING TO KEEP SOME PORTABLES ON SITE FOR NOW, BUT DISTRICT WIDE WE'VE BEEN TRYING TO DECOMMISSION THEM, SO IT'S NOT SOMETHING THAT WE'RE TRYING TO RELY ON.WE'RE TRYING TO PUT IN CASES LIKE WESTSIDE, BAYSIDE OR EVEN VIERA HIGH SCHOOL LAST YEAR.
WE'RE TRYING TO BUILD BRICK AND MORTAR CAPACITY WHERE NEEDED.
THERE'S ONE MORE. ONE MORE QUESTION. YEAH. DO YOU ALL RECEIVE IMPACT FEES THAT THEY RECEIVE IMPACT FEES? OKAY. YEAH I DO. DO I PERSONALLY KNOW THE EPS? YES I DO THE STUDENT MEMBERSHIP, YOU KNOW, PROJECTIONS AND AND WORK VERY CLOSELY WITH MAKING RECOMMENDATIONS FOR WHERE WE DO BUILDING CONSTRUCTION. AND YOU RECEIVE MONEY FROM THE DEVELOPER FOR FUTURE SCHOOLS IMPACT FEES.
HAVE WE DO YOU OR HAVE YOU? YES. WELL WE HAVE A MITIGATION MITIGATION AGREEMENT WITH THE COMPANY, BUT THEIR MITIGATION IS THROUGH LAND. OKAY. SO THEY GAVE US COMPLETELY ENGINEERED SITES AND WE HAVE VIERA WAS 29,000 UNITS PROJECTED AND THEY PROJECTED TEN SCHOOLS. SO THEY OWE US TEN SCHOOL SITES.
AND OF THOSE TEN SCHOOL SITES, WE'VE BUILT SIX OF THEM SO FAR.
GREAT. THANK YOU, MR. CHAIR. ONE MORE QUESTION.
JUST WHILE I HAVE HER. SO YOU HAD MENTIONED THAT THE PROJECTION SHOWS THAT THERE NEEDS TO BE AT LEAST 11 SCHOOLS IN SOME, WHETHER IT'S PUBLIC, CHARTER, ELEMENTARY, WHATEVER IT MAY BE. SO HOW DOES THAT COINCIDE WITH THE DEVELOPMENT THAT'S HAPPENING ON THE OTHER SIDE OF SAINT JOHN'S PARKWAY OVER BY HERITAGE HIGH AND ALL OF THOSE. THAT'S BLOWING UP.
IT'S BLOWING UP. THAT IS ANOTHER AREA THAT WE'RE CLOSELY WATCHING.
BUT RIGHT NOW THEY'RE STILL FITTING INTO THE SCHOOL CONCURRENCY REVIEWS.
OKAY. THANK YOU. THANK YOU. OKAY. WITH THAT, WE WILL OPEN IT TO PUBLIC COMMENT. SO IF YOU WOULD LIKE TO COME FORWARD IN FAVOR OF THIS PROJECT, PLEASE APPROACH THE PODIUM NAME, ADDRESS AND YOUR COMMENTS CLEARLY INTO THE MICROPHONE.
FILL OUT THE OATH CARD. SAVE MISS POWELL. THE THE WORK OF HAVING TO CHASE ALL THAT DOWN.
IF THERE'S ANYBODY IN FAVOR. OKAY. ANYBODY OPPOSED? STEP FORWARD.
THE FIRST ONE IS EELS PLAN FOR THE PARKING LOT COMING OFF UNDER THE EELS LAND.
NEXT BULLET STATEMENT WAS THERE'S ONLY ONE ENTRANCE FROM THE COMMERCIAL GOING ON TO MICO ROAD, AND THAT'S A SINGLE LANE ROAD FOR A COMMERCIAL ENTRANCE ONTO IT.
I SAW THAT THERE WAS SOME EXPANSION, MAYBE A TURN LANE, BUT THAT STILL DOES NOT MEET THE CRITERIA OF WHAT FOR THE AMOUNT OF GROWTH THAT WE'RE BRINGING IN ON DAMICO ROAD. NEXT BULLET STATEMENT.
RIGHT OF WAY ON MICO. IT'S GREAT THAT WE'RE EXPANSION ON SAINT JOHNS HERITAGE PARKWAY, BUT WE ALSO HAVE THE COUNTY ROAD OF MICO ROAD THAT ALSO NEEDS TO BE EXPANDED FOR NATURAL GROWTH. RIGHT? AND IF WE DON'T HAVE THE EXPANSION OF THAT RIGHT OF WAY CAPABILITY, THEY HAVE THEIR LAND NOW, THEY COULD BE DEDICATING THAT LAND MASS TO ALLOW FOR THE GROWTH ALONG MICO ROAD.
NEXT BULLET. SCHOOLS LIKE THEY'VE BEEN ADDRESSING.
I PROMISE YOU, INTERLOCAL AGREEMENTS DON'T BUILD THE SCHOOLS.
THAT'S A PIECE OF PAPER. SAY, WELL, THIS IS WHAT WE SAID, BUT IT FAILED.
IT FELL THROUGH. WE'VE SEEN THAT HAPPEN BEFORE.
AND WE'VE SEEN THAT. WELL, WE'RE DEDICATING THE LAND THAT'S GREAT.
RIGHT. THAT PUTS MORE CARS ON OUR LOCAL ROADS JUST BECAUSE THE PARENTS AREN'T GOING TO TAKE THEM ON THE BUS, THEY'RE GOING TO DRIVE THEM TO SCHOOL OR DRIVE THEM TO SCHOOL, AND THEY'RE GOING TO PICK THEM UP AFTER SCHOOL.
[01:00:06]
THE SCHOOLS ARE LOCATED IN THE COMMUNITIES. IT'LL BE BABCOCK MALABAR ROAD, MITTON ROAD OR WHETHER THEY'RE GOING TO HAVE TO TRAVEL ON SAINT NEXT.SAINT JOHN'S HERITAGE PARKWAY. PHASING, RIGHT.
THEY'RE GOING TO EXPAND JUST FROM THE SAINT JOHN'S HERITAGE FROM 95 TO THE FIRST ENTRANCE.
THAT'S ON PHASE ONE. THAT'S GREAT, BUT IT'S ONLY GOING TO BE A SINGLE LANE ROAD.
WE'VE SEEN WHAT'S HAPPENED WITH THE SINGLE LANE ROAD.
AND WE'VE BEEN DOING THAT FOR TEN YEARS, OVER TEN YEARS NOW.
RIGHT. SO MY SUGGESTION, YOU DRAW IT UP, WHICH I REALLY LIKE BECAUSE GO AHEAD AND MAKE SAINT JOHN'S HERITAGE PARKWAY DO IT ALL, BUT MAKE IT ALL FOUR LANE NOW. RIGHT. JUST TO BRING THAT UP, BECAUSE WE'VE SEEN WHAT HAPPENS WHEN LAND IS PROMISED AND EXPANSION OF ROADS. I'M GOING TO BRING UP A LITTLE BIT OF PAST HISTORY FOR THE CITY OF PALM BAY.
I THINK OF SAINT JOHN'S HERITAGE PARKWAY FOR 100 YARDS.
JUST. THAT'S HISTORY. WE DON'T WANT IT TO REPEAT ITSELF.
RIGHT. THEY DID BRING UP MICHAEL PARK VILLAGE.
LOOK AT MICHAEL PARK VILLAGE. HOW MANY YEARS WE'VE BEEN SEEING THIS PROJECT COMING INTO PLAY? JUST FOR YOUR OWN HISTORY, I'D RECOMMEND YOU GO BACK AND LOOK AT THAT DEVELOPMENT.
YOU BROUGHT THAT UP. THIS LAND IS CURRENTLY ZONED RURAL RESIDENTIAL BECAUSE THAT'S WHAT IT WAS.
THAT'S WHERE YOU COULD HAVE YOUR ESTATE, HOMES AND STUFF LIKE THIS.
SO IF YOU DON'T. SO REMEMBER, IF YOU DON'T CHANGE THE ZONING NOW, THIS COULD NOT BE APPROVED.
BUT IT IS THE LAST OF THE RURAL RESIDENTIAL THAT'S BEEN ANNEXED INTO THE CITY.
RIGHT. DON'T NEXT BULLET STATEMENT. DON'T APPROVE ZONING CHANGES UNTIL WE HAVE A GUARANTEED OUTCOME.
AND I SAY, WELL, WE'RE WORKING ON INTERLOCAL AGREEMENTS.
RIGHT. AND REMEMBER, ONCE YOU CHANGE THE ZONING, IT'S VERY HARD TO DENY A DEVELOPER THE ABILITY TO USE THAT LAND THE WAY THEY WANT TO ONCE THE ZONING CHANGE. IT'S ALMOST GUARANTEED IT HAPPENS.
ALL RIGHT. A COUPLE LAST THOUGHTS FROM YOU. LAST THOUGHT.
A COUPLE LAST THOUGHTS FROM YOU. OKAY. THIS APPROVAL JUST IN PHASE ONE.
PHASE ONE. HOW MANY PHASES? THERE'S FIVE PHASES BY THE TIME WE GET TO PHASE FIVE.
WE DON'T KNOW HOW MANY YEARS THAT'S GOING TO TAKE. RIGHT.
THE NEXT TWO QUESTIONS ARE THE CELL TOWER. IS THAT GOING TO BRING MONEY TO THE CITY OF PALM BAY, OR IS THAT CELL TOWER GOING TO BRING MONEY TO LOTUS? BECAUSE THERE'S ALREADY A CELL TOWER JUST ACROSS THE STREET FROM THIS ONE.
AND THE OTHER ONE WAS THEY SAID THEY HAD NO PUBLIC INPUT, NO PUBLIC COMMENTS.
WELL, LOOK WHAT LIVES OUT THERE. THE PUBLIC NOTICE IS 500FT.
HOW MANY PEOPLE LIVE WITHIN 500FT OF THIS DEVELOPMENT? I THINK THAT'S HOW COME YOU DIDN'T GET RESIDENTS KNOWLEDGEABLE OF THE SITUATION.
THANK YOU. AND THEY'VE DONE THEIR HOMEWORK. THEY'VE DONE WHAT THEY NEED TO BE.
I'M JUST TRYING TO SAVE THIS. THE CITY WITHOUT ABOUT OVERGROWTH.
THANK YOU. THANK YOU. ANYBODY ELSE WISH TO COME FORWARD? JUST FOR THE SAKE OF TIME, I AM GOING TO KEEP IT TO ABOUT FIVE MINUTES.
GOOD EVENING, I'M SUSAN CONNELLY. I LIKE TO SEE EVERYBODY HERE.
I'VE BEEN COMING TO THE MEETINGS, AND NOT ALL OF YOU HAVE BEEN HERE.
BUT YOU'RE HERE. YOU'RE ASKING THE RIGHT QUESTIONS, AND I WANT TO THANK EACH OF YOU.
REGARDING THIS PARTICULAR. IT'S A BIT CONFUSING WHEN I HEAR THAT THE DEVELOPER IS GOING THAT THE STAFF REPORT SAYS THAT THE DEVELOPER OWNS THE UTILITIES, EXCEPT PALM BAY HAS WATER AND SEWER OR EASEMENTS. IT'S CONFUSING WHEN MR. WEISS SAYS THERE'S GOING TO BE A WATER TREATMENT PLANT EXPANSION.
[01:05:03]
MR. WEISS ALSO SAID THE DEVELOPER IS USING THEIR OWN DOLLARS TO EXTEND UTILITIES.MR. WEISS SAYS THIS IS A TEN YEAR PROJECTION PROJECT.
MY QUESTION IS, WILL DEVELOPMENT BE FASTER THAN AVAILABLE? ALL THESE EXPANSIONS AND ALL THESE NEW WATER AND SEWAGE PLANTS? WILL THE DEVELOPMENT BE FASTER THAN THE INFRASTRUCTURE? HOW CAN THE ISSUE, HOW CAN THIS ISSUE BE RESOLVED? THE REALITY IS THAT RIGHT NOW. WE ARE OVER CAPACITY FOR OUR USE.
THE CURRENT CITIZENS WITHOUT ANY DEVELOPMENT WERE HAVING SEWAGE SPILLS.
WE'RE HAVING WATER ISSUES. BEFORE WE GET TO THE FUTURE.
I WOULD LIKE TO SEE MY NEEDS AND THE CURRENT CITY NEEDS BE FULLY MET, AND THEN ADDITIONAL CAPACITY BE GIVEN TO DEVELOPING COMMUNITIES.
MY RECOMMENDATION IS THAT A CONDITION BE PUT ON THIS THAT WOULD ALIGN THIS DEVELOPMENT WITH WATER AND SEWAGE AVAILABILITY WITH A VERIFIED CAPACITY, BUT THE VERIFIED CAPACITY WILL BE DONE CLOSER TO THE END OF THOSE TEN YEARS.
NONE OF US ARE GOING TO BE HERE WHEN THAT DEVELOPMENT STARTS NEEDING THESE, THIS INFRASTRUCTURE.
EVEN OUR CURRENT CITY COUNCIL WON'T BE ON THAT DAIS.
SO WHO'S TO REMEMBER WHO'S KEEPING TRACK? WHO'S LOOKING AT ALL THE YESES THAT HAVE BEEN GIVEN TO NEW DEVELOPMENT ON THE PROMISE THAT PALM BAY WILL GRANT WATER AND SEWER EASEMENTS.
THANK YOU. MA'AM. ANYBODY ELSE? HEARING NONE.
WE'LL CLOSE THE FLORIDA PUBLIC COMMENT. BEFORE WE CALL THE APPLICANT BACK UP TO STAFF, WANT TO TALK ABOUT ANY OF THE COMMENTS THAT WERE MADE BY THE PUBLIC? I'M GETTING CLOSER HERE. JUST. I JUST WANTED TO CLARIFY A FEW THINGS FOR YOU ALL.
THE PRELIMINARY. WE GAVE THE APPROVAL A TEMPORARY ZONING APPROVAL FOR THE PRELIMINARY DEVELOPMENT PLAN, AND THEN A FINAL ZONING APPROVAL FOR WITH THE FINAL DEVELOPMENT PLAN.
HENCE, THEY ALWAYS CAME TOGETHER. WE HAVE CHANGED THAT IN THE FUTURE, FINAL ZONING WILL BE GRANTED WITH THE PRELIMINARY DEVELOPMENT PLAN, AND THE FINAL DEVELOPMENT PLAN CAN COME LATER WITH CONSTRUCTION.
OKAY, SO TONIGHT I JUST WANT TO REMIND YOU THAT YOU WILL HAVE TO MAKE A MOTION FOR EACH ONE.
WHAT I WANTED TO CLARIFY IS THAT ONCE THIS IS BROUGHT TO COUNCIL, THE DEVELOPMENT AGREEMENT AND PRELIMINARY PLANT GO HAVE TO ARRIVE AT THE SAME TIME AS THE FINAL DEVELOPMENT PLAN.
SO WHEN THEY GET THAT FINAL ZONING, THESE AGREEMENTS WILL ALSO BE IN FRONT OF COUNCIL.
OKAY. SO THE I KNOW THERE'S THERE'S CONCERN THAT WE GIVE THE ZONING AND THEN THESE AGREEMENTS OF THE INFRASTRUCTURE BEING BUILT MAY NOT COME TO FRUITION. BUT BEFORE THE ORDINANCE THAT PROVIDES THE FINAL ZONING FOR THE FOR THE FINAL DEVELOPMENT PLAN, THEY WILL ALSO BE APPROVING THE DEVELOPMENT AGREEMENT.
SO I JUST WANTED TO MAKE SURE THAT YOU'RE ALL AWARE OF THAT.
AND THEN ALSO WITH THE UTILITIES PLEASE BE AWARE THAT OUR UTILITY DEPARTMENT THEY KEEP TRACK VIA US OF ANY APPROVED UNITS THAT ARE COMING INTO PLAY IN THE CITY.
[01:10:03]
THEY THEY KEEP A CONSTANT TABLE OF THAT. THEY MAKE SURE THAT ALL OF THE SECTORS IN THE CITY ARE ACCOUNTED FOR SO THAT THEY CAN PLAN THE UTILITY SERVICES THAT WILL BE NEEDED.THE EXPANSIONS OF OUR PLANT RIGHT NOW THE, THE DEVELOPMENT DRIVEN LINE THAT THAT JAKE MENTIONED FROM BABCOCK OUT TO WEST OF, I'M SORRY, EAST OF 95 THAT EMERALD LAKES IS PUTTING IN.
THAT WAS A DEVELOPMENT AGREEMENT. THEY'RE PAYING FOR THAT TO COME OUT.
SO YES, WE KEEP REALLY GOOD TRACK OF WHERE AND WHEN THE NEXT UTILITY SERVICES WILL BE.
AND SO THEN WE CAN PLAN INTO THE FUTURE AND OUR CIP WHEN WE HAVE TO EXPAND PLANTS AND ON AND ON.
SO YES, WE DO KEEP TRACK OF THAT. THANK YOU. THANK YOU.
OKAY. I WAS TAKING FEVERISH NOTES. I'M JUST GOING TO HIT THEM AS I HEARD THEM.
THE EELS TRAILHEAD PARKING. THAT ACTUALLY, IF I GO BACK ONE.
THERE. YEAH. YEAH. SO THAT IS INTENDED FOR THIS AREA HERE.
YOU CAN SEE WE RESERVED A VERY LARGE AREA FOR THAT.
SO WE HAVE THAT PLANNED. OH, BOY. ARE YOU BUILDING THAT OR JUST GIVING THE LAND FOR THAT? IT WAS SOMETHING THAT WAS ASKED OF US TO MOVE THE DAYCARE AND TO PLAN FOR THAT.
WE'RE JUST NOT THERE YET. TONIGHT WE'RE ASKING FOR ZONING AND A FINAL DEVELOPMENT PLAN.
THE DETAILS OF, YOU KNOW, WHAT GETS BUILT, HOW IT GETS BUILT, WHERE IT GETS BUILT.
THOSE ARE THINGS THAT WE HAVEN'T WORKED OUT YET.
JAKE, IF I MAY, I JUST WANT TO REALLY THANK THIS DEVELOPER FOR DOING THAT.
BUT ALSO YOU KNOW, EELS, IT'S A IT'S PUBLIC LAND, BUT THEY HAVE SPECIFIC TRAILS.
THEY DON'T WANT NEW TRAILS CUT. IT IS A PRESERVATION.
AND THIS LINES UP WONDERFULLY WITH THE TRAILS THAT THEY HAVE.
AND IT'S IT'S GOING TO BE SUCH A GOOD PUBLIC BENEFIT REALLY.
I'M SORRY. I JUST HAD TO SAY BECAUSE YOU KNOW HOW MUCH I LIKE THAT. SO WE HAD PREVIOUSLY IDENTIFIED MULTIPLE ACCESS POINTS AND WITH THE CITY MEETING WITH EELS AND WE'VE SEPARATELY MET WITH THEM, THEY IDENTIFIED. NO, WE'D LIKE YOU TO CONCENTRATE IT IN THIS LOCATION.
SO THAT'S WHAT WE DID. THERE'S ALSO AN EXISTING TRAILHEAD RIGHT HERE.
THAT'S THERE TODAY. AND THEN THE ASHTON PARK PROJECT HAS ANOTHER ONE PLANNED FOR RIGHT HERE.
IT'LL ALSO BE A PUBLICLY ACCESSIBLE PARK WHERE AGAIN, YOU CAN BRING IN YOUR TRAILERS, YOUR HORSES, THINGS LIKE THAT. I HEARD QUESTIONS AGAIN ABOUT LARGE LOTS.
SO AGAIN, THIS WHOLE REGION HAS BEEN COOPERATIVELY PLANNED TOGETHER.
EACH PROJECT CAN'T BRING IN EVERY FACET OF EACH PART OF IT.
SO ASHTON PARK HAS ABOUT 175 ACRES RIGHT HERE OF AN EQUESTRIAN DEVELOPMENT, WITH LARGE LOTS THAT ARE ANYWHERE FROM TWO AND A HALF ACRES AND SMALLER IN A MASTER PLAN COMMUNITY. IT'S GOING TO HAVE COMMUNITY BARN, STABLES.
IT'S GOING TO HAVE HORSE TRAILS THAT ARE INTERCONNECTED WITH EELS, BUT ALSO WITHIN THE SUBDIVISION.
SO YOU CAN RIDE YOUR HORSE ON YOUR OWN PROPERTY.
SO IF YOU DON'T SEE THAT ON ONE PROJECT, YOU'RE GOING TO SEE ANOTHER ONE IN THE SAME AREA.
TRIPS ON MICCO ROAD. WE DO HAVE WE DO HAVE A PROPOSED DRIVEWAY ON MICCO ROAD WITH TURN LANES.
THIS PROJECT ANTICIPATES THE MAJORITY OF ITS TRIPS GOING NORTH, SO IT DOESN'T TRIP ANY THRESHOLDS TO FOUR LANE ROAD OR DO ANYTHING ELSE TO IT EXCEPT FOR THE TURN LANES AND SAFER TURNING MOVEMENTS. PEDESTRIAN CROSSINGS, THINGS LIKE THAT.
SO AGAIN, WHAT YOU'RE HEARING TONIGHT IS A STANDALONE LOTUS PROJECT, BUT IT IS MUCH MORE LIKELY THAT WITH OTHER PROJECTS IN THE AREA THAT THE FOUR LANE WILL HAPPEN MUCH SOONER. THE LOCAL SCHOOLS, AS I MENTIONED EARLIER, WE ALREADY MASTER PLANNING LOCAL SCHOOLS.
[01:15:11]
KEEPS DOING THAT TO ME. SORRY. THE AERIAL, PLEASE.JUST THE AERIAL. THANK YOU. I DON'T KNOW WHY THAT HAPPENS EITHER.
SO WE HAVE 30 ACRES RIGHT HERE FOR BREVARD COUNTY PUBLIC SCHOOL SITE AT ASHTON PARK.
WE HAVE AT EMERALD LAKES WEST HAS ANOTHER CHARTER SCHOOL SITE THAT IS PLANNED.
WE HAVE A SCHOOL THAT IS MOVING FORWARD AT BABCOCK STREET IN SAINT JOHNS HERITAGE PARKWAY, WHICH ACTUALLY TAKES TRIPS OFF OF BABCOCK STREET, AND THEY TAKE THE PARKWAY DIRECTLY TO THE SCHOOL, AND THAT'S A K TO EIGHT. AS I MENTIONED EARLIER, THE SAINT JOHNS HERITAGE PARKWAY WILL ULTIMATELY BE FOUR LANED.
THIS PROJECT WOULDN'T BE FEASIBLE IF WE SAID FOUR LANE IN DAY ONE.
WE HAVE UTILITY EXTENSIONS THAT WILL BE MILLIONS OF DOLLARS.
THE UTILITIES THAT ARE GOING TO BE BUILT IN PHASE ONE ARE FOR THE ULTIMATE BUILD OUT.
THEY'RE EXPANDING FOR THIS ANTICIPATED DEVELOPMENT, BUT THEY'RE ALSO BUILDING INFRASTRUCTURE TO DO A MILLION GALLON WATER EXPANSION AND A MILLION GALLONS OF WASTEWATER TREATMENT PLANT EXPANSION WHENEVER IT'S READY.
SO ALL THE INFRASTRUCTURE IS THERE. IT'S ALL BEEN MASTER PLANNED.
I HEARD ABOUT THE GUARANTEE OUTCOME. WHAT IS THE GUARANTEED OUTCOME OF THE PARKWAY? THAT IS A COMBINATION OF DEVELOPERS. AGREEMENT THAT CITY COUNCIL WILL APPROVE THE CONTRACT BETWEEN THE DEVELOPER AND THE CITY.
THAT'S YOUR GUARANTEE? THE PUBLIC INPUT? YES.
WE SENT OUT A 500 FOOT NOTIFICATION OF RADIUS PROPERTY.
IT'S NOT THAT MANY OF THEM, BUT IT'S ALSO PUBLICLY ADVERTISED.
WE'VE ALSO GONE THROUGH MULTIPLE PUBLIC HEARINGS.
WE HAVE A LOT OF REGULATORS THAT ARE HERE THAT TALK TO THEIR NEIGHBORS AND GET THE WORD OUT.
I MENTIONED THE UTILITY RIGHT OF WAY, THE PLANT EXPANSIONS.
SO THE SEWAGE SPILL, THAT WAS A DECADES OLD UTILITY LINE THAT WAS BUILT IMPROPERLY.
UNFORTUNATELY IT SPILLED. IT HAPPENED IN THE MIDDLE OF THE NIGHT, WHICH IS THE LOWEST PRESSURE, THE LOWEST FLOWS IT HAS. SO UNFORTUNATELY, IT WAS SOMETHING THAT ULTIMATELY WAS JUST GOING TO HAPPEN AT SOME TIME.
CONCURRENCY. EACH PHASE OF CONSTRUCTION, EVERY TIME WE BRING IN CONSTRUCTION PLANS AND WE GO THROUGH THE APPROVAL PROCESS, WE GO THROUGH CONCURRENCY. APPROVAL? CONCURRENCY IS ROADS AND SCHOOLS.
IT'S SOLID WASTE. IT'S ITS RECREATION, ITS WATER AND SEWER.
SO EVERY PHASE OF DEVELOPMENT AS IT MOVES FORWARD GOES THROUGH THAT REVIEW.
IF WE DON'T MEET THAT, WE HAVE TO FIGURE OUT HOW TO GET THERE OR THE PROJECT DOESN'T MOVE FORWARD.
WE HAD A LAST MINUTE ITEM THAT CAME UP. SO SORRY THAT WE WEREN'T ABLE TO DO THIS SOONER.
AND THIS BOARD HAS BEEN HERE IN ANTICIPATION OF OUR PROJECT MOVING FORWARD.
WE RESPECT YOUR TIME. WE KNOW YOUR VOLUNTEERS.
THANK YOU. WE ARE EXCITED TO FINALLY BE HERE.
AND WE APPRECIATE THAT. AND JUST FOR MICHAEL RODRIGUEZ, WE HAVE WORKED TOGETHER FOR MANY, MANY YEARS ON A LOT OF DEVELOPMENT AGREEMENTS.
WE WILL MISS YOU. I KNOW THE CITY WILL, AND WE APPRECIATE ALL YOUR HELP AND EFFORTS OVER THE YEARS.
SO WITH THAT, BE HAPPY TO ANSWER ANY MORE QUESTIONS THE BOARD HAS.
REAL QUICKLY, I JUST WANT TO SAY YOU'VE DONE A TREMENDOUS JOB PRESENTING THIS, AND IT'S ALL WELL WITHIN THE GUIDELINES THAT HAVE BEEN PUT FORWARD. MY CONCERNS ARE JUST FROM A META PERSPECTIVE THEN SPECIFICALLY WHAT'S BEING DISCUSSED.
SO I DON'T KNOW IF IT'S GERMANE. YEAH, I THINK WE SHOULD HAVE THAT CONVERSATION. YEAH, WE JUST DO. STAFF DISCUSSION. YOU'VE DONE A TREMENDOUS JOB. I MEAN, THIS IS A METICULOUSLY PLANNED PROJECT AND IT'S IMPRESSIVE. THANK YOU.
BEFORE THE APPLICANT, SIT DOWN. ANY OTHER QUESTIONS FOR THE APPLICANT? ALL RIGHT.
IF SOMEBODY WOULD OPEN US UP, CAN YOU BRING UP THAT SLIDE AGAIN THAT HAS THAT MOTION ON IT?
[01:20:04]
I APPRECIATE IT. AS A REMINDER, THERE'S TWO MOTIONS TONIGHT FOR THE PDP AND FOR THE FDP.RIGHT. WE'RE NOT DOING THEM AT THE SAME TIME. WE'RE DOING ONE RIGHT AFTER THE OTHER.
YEAH. YES. ONE AFTER EACH OTHER FOR THE MOTION.
OKAY. THE PRESENTATIONS FOR BOTH WERE PRESENTED.
YEAH. WE'RE NOT DOING THAT AGAIN. WE'RE NOT GOING THROUGH THE PRESENTATION AGAIN, I UNDERSTAND.
OKAY. MR. CHAIR. WELL, LET'S GO AHEAD. AND I'VE BEEN TOLD WE HAVEN'T BEEN DOING THIS EXACTLY RIGHT.
SO WE NEED TO HAVE A MOTION MADE AND SECONDED TO FOR US TO HAVE A DISCUSSION.
AND IF YOU CAN GET BACK TO THAT SLIDE THAT'S GOT THE MOTION ON IT.
SO THE ONE THAT'S GOT THE SCHOOL BOARD'S PIECE ON IT, THAT ONE IS FOR THE FDP.
SO FIRST YOU'LL BE MAKING YOUR MOTION FOR THE PDP.
OKAY. THANK YOU. SO IF SOMEBODY WOULD LIKE TO MAKE A MOTION, MR. CHAIR. YES, SURE. I'LL MAKE THE MOTION TO APPROVE.
RECOMMEND APPROVAL OF LOTUS PALM BAY PRELIMINARY DEVELOPMENT PLAN. CASE NUMBER PD 23 0010.
AND WE DON'T WE DON'T MENTION THE SCHOOL BOARD ONE HERE. IS THAT CORRECT? NO, WE DO THAT ON THE NEXT QUESTION? OKAY. WE HAVE A SECOND.
THANK YOU. NOW WE CAN OPEN IT UP TO CONVERSATIONS.
OH. SO I MADE THE MOTION. MR. WISE AND HIS TEAM, HE CHECKED ALL THE BOXES HERE.
TRANSPORTATION? THAT THAT BOX IS CHECKED. UTILITIES.
THAT BOX IS CHECKED. AND THEN THE SCHOOLS, OBVIOUSLY, WITH THE DEDICATION OF LAND.
SO. THANK YOU. MISTER, ASK ABOUT THE POLICE AND FIRE STATIONS.
ARE THOSE CITY POLICE AND FIRE STATIONS? ARE THEY PRIVATE? THEY WOULD BE CITY. OKAY. SO IT'S A PRIVATE ENTITY, BUT IT HAS PUBLIC FACILITIES THAT ARE ON SITE.
IS THAT COMMON OR IS THAT. SO TYPICALLY WE WOULD EITHER LEASE THE THE PROPERTY, BUILD THE BUILDING OR THE FACILITIES OR WHEEL CAN BE DONATED, THE LAND CAN BE DONATED AND THEN WE BUILD THE FACILITIES.
BUT THERE'S NO NONE OF THOSE FACILITIES ARE IN THE LOTUS PROJECT.
WHY IS IT MISSPELLED? I HAVE TO ASK THIS INSTEAD OF LOTUS.
LOTUS? YES. THAT'S CORRECT. IS THERE A QUICK ANSWER TO THAT? WHY IS IT MISSPELLED? I JUST WANT TO KNOW. AND FOR SOMETHING.
IS THERE A CODE WE'RE MISSING? JIM. GILDA, A DEVELOPER WITH LOTUS GROUP LLC.
IT'S A BIT OF A STORY. SO WE WENT THROUGH A BRANDING EXERCISE WITH A FIRM, AND THEY SOMEHOW COMBINED THE WORD LOTUS WITH US WITH SOME OTHER TERM AND A BIG, WHOLE FANCY, YOU KNOW, INTERPRETATION OF IT ABOUT WHAT THE COMPANY DOES AND DEVELOPED A LOGO.
AND SINCE WE PAID FOR IT, WE KEPT IT. WELL, I WAS I'M JUST SHOCKED.
THERE WAS AN EXPLANATION GEARED UP FOR YOU ON THAT ONE. ALL RIGHT.
ANY OTHER DISCUSSION? WELL, I GUESS YOU KNOW, MY MR. CHAIR, I GUESS FOR ME IS WE'VE BEEN WE'VE BEEN WORKING WITH THIS PROJECT FOR A VERY, VERY LONG TIME TO HOLD PROJECT THE WHOLE DISTRICT.
SO I WOULD LIKE TO SEE THINGS MOVE FORWARD. I, I KNOW EVERYONE'S CONCERNS.
I AM HIGHLY STILL DISAPPOINTED. I GUESS I'M JUST GOING TO TAKE THE 50 OVER 50 THAT WE'RE STILL GETTING COMMERCIAL, BUT IT I THINK THAT A LOT OF THE PROJECTS THAT DO COME THROUGH, WE NEED TO REALLY CONSIDER THE RURAL AREAS, AREAS AND CONTINUE TO LOOK AT THE HALF ACRE HOME SITES OR, AND LARGER.
SO BUT BUT I DO BELIEVE THAT, MISS FRAZIER. I THINK THAT IN OUR NEW LAND DEVELOPMENT CODE, WE DID ADDRESS A LOT OF THE RURAL AREAS. AND AND WE DID PUT THAT INTO THE CODE.
AND RURAL AREAS STILL REMAIN IN THE CODE. WE DIDN'T TAKE IT OUT.
75FT. AND THEN YES, WE HAVE A STATE LOTS AND WE HAVE RURAL RESIDENTIAL.
WE DIDN'T REMOVE ANY OF THAT ZONING THAT WAS EXISTING.
ALL RIGHT. SO I JUST FEEL THAT THAT MAYBE IN THE FUTURE WE, AS WE NOW HAVE ASK THE DEVELOPERS TO MAKE SURE THAT THERE'S COMMERCIAL ATTACHED, THAT MAYBE WE NEED TO ALSO ATTACH THAT RURAL PART TO IT SO THAT WE CAN SO THAT BECAUSE THERE ARE PEOPLE IN THIS,
[01:25:02]
IN THIS CITY THAT WOULD LIKE TO HAVE SOME LAND RIGHT NOW, IT'S IT'S EVEN WITH THIS SITE, IT'S IT'S OUTSIDE OF THE COMMERCIAL THAT WE'RE HOPING THAT WE'RE ANTICIPATING WITH ASHTON PARK. IT'S AN EMERALD LACE.IT'S IT'S WHERE THESE PEOPLE ARE GOING TO GO.
I MEAN, NOW WE'RE GIVING THESE. AT LEAST WITH LOTUS, WE'RE GIVING THEM SOMETHING TO DO OUTSIDE.
SO AND I AND I REALLY THINK THAT'S GOING TO WE'RE CREATING WE'RE STILL CREATING SOMEWHAT OF A PROBLEM THAT WE HAVE NOT IDENTIFIED HOW TO HOW TO TOTALLY RESOLVE YET, BUT OKAY. SO MR. CHAIR, I GUESS IT'S MORE A QUESTION OF CURIOSITY.
AND THIS IS MAYBE FOR THE DEPUTY ATTORNEY. OBVIOUSLY OUR VOTE IS YAY OR NAY BASED ON THE CRITERIA, WHETHER IT FITS. NO PERSONAL, NO PERSONAL OPINION.
IS THAT CORRECT? JUST MAKE SURE WE KNOW THAT YOU'RE GOING TO MAKE YOUR DECISION.
AND WHATEVER THE BOARD'S VOTE IS, THAT DECISION HAS TO BE BASED, AS I ADVISED YOU BEFORE, ON COMPETENT, SUBSTANTIAL EVIDENCE. SO YOU'VE GOT TO HAVE THE EVIDENCE TO SUPPORT YOUR FINDINGS.
YEAH. SO IF YOU HAVE IF YOU HAVE A FINDING THAT'S GOING TO SUPPORT YOUR OPINION FOR THAT FINDING, THEN YOU BRING IT FORTH AND HAVE IT PART BE PART OF THE RECORD.
BUT WHATEVER IT IS, WHATEVER YOUR DECISION IS, THE FINAL DECISION IS IT HAS TO BE BASED ON THE COMPETENT, SUBSTANTIAL EVIDENCE, PREFERABLY THAT HAS BEEN PRESENTED BEFORE THIS BOARD AT THIS HEARING AND NOT SOMETHING THAT YOU HAVE KIND OF PULLED OUT OF THIN AIR OR SOMETHING THAT HASN'T BEEN ARGUED OR PRESENTED BEFORE.
AND IT'S AND IT CAN'T BE ANYTHING ANECDOTAL. IT SHOULDN'T BE ANYTHING ANECDOTAL.
IT SHOULD BE SOMETHING THAT CAN BE PROVEN OR SOMETHING TO REALLY SUPPORT SUCH A DECISION.
AND WHATEVER DECISION WE MAKE TO THEN CITY COUNCIL, THE CITY COUNCIL HAVE THE ABILITY TO BE ABLE TO IF THEY SAID, HEY, PALM BAY CAN'T SUSTAIN IT CURRENTLY. RIGHT NOW, GREAT PROJECT CHECKS.
YOU'RE YOU HAVE THE SAME STANDARDS. WHAT THE DIFFERENCE IS THAT YOU DON'T HAVE A FINAL SAY.
SO WHETHER OR NOT YOUR OPINION CARRIES SOME WEIGHT IN CITY COUNCIL OR HAS BEEN OFF ALL THIS TIME.
CARRIES SOME WEIGHT FOR THEIR REVIEW, BUT THEY'RE GOING TO ALSO HAVE A PRESENTATION.
THEY'RE GOING TO WEIGH THE EVIDENCE, AND THEN THEIR DECISION IS GOING TO BE BASED ON THE EVIDENCE PRESENTED TO THEM, AND THEY'RE GOING TO WEIGH WHAT IS THE EVIDENCE IN FAVOR, EVIDENCE AGAINST.
AND THEN THEIR DECISION HAS TO BE BASED ON THE EVIDENCE PRESENTED.
I MEAN, IT'S IT'S KIND OF, YOU KNOW, YOU'RE YOU'RE ACTING LIKE JUDGES AND YOU'RE THE JUDGES.
DECISION HAS TO BE BASED ON THE EVIDENCE PRESENTED BEFORE THEM. YEAH.
I THINK YOU HAVE TO PRESENT THAT YOU ARE A MEMBER OF THE PLANNING AND ZONING BOARD AND HAVE BEEN PRESENTED THIS EVIDENCE, AND YOU'VE YOU'VE REVIEWED IT AS SUCH. SO YOU'RE I MEAN, YOU'RE IT'S A DIFFERENT CASE.
I DON'T THINK THERE'S ANY EXPRESS PROHIBITION THAT PROHIBITS YOU FROM PRESENTING BEFORE THE BOARD, BUT BUT YOUR OPINION IS GOING TO BE WEIGHED AS A MEMBER OF THIS BOARD.
YEAH. SO. YEAH. OKAY. WELL, I APPRECIATE THAT.
WE'RE NOT READY. WE'RE ALREADY BEHIND. I THINK IT'S A FANTASTIC THING.
AND UNFORTUNATELY. SO THERE'S NO ACTIONABLE DATA BEHIND IT I'M SORRY.
I'M SORRY. I'M SORRY. THEY MENTIONED THE NOTICE WAS GIVEN WITHIN 500FT.
COULD I BASE A DECISION BASED ON THAT NOT BEING SUFFICIENT, OR IS THAT JUST THE RULE WITHIN OUR CODE? WE'VE ALREADY MADE THAT RULE. I GUESS THE LAST THING I HAVE IS IS MR. FARRELL HAD HIS MOTION. JUST TO CLARIFY, WAS, EVEN THOUGH IT HAS TO HAPPEN ANYWAYS, WAS THE CONDITION OF THE NEGOTIATION WITH THE THING IN YOUR MOTION OF URGENCY THAT HAPPENS DURING THE NEXT.
OH, THAT'S RIGHT, THAT'S RIGHT. WHICH I WILL DO.
I APPRECIATE THAT. OKAY. THAT'S ALL. THANK YOU.
ALL RIGHT. I THINK WE'VE EXHAUSTED OUR CONVERSATION.
ALL THOSE IN FAVOR OF PD 2300010. SIGNAL BY SAYING I.
[01:30:02]
I. ALL OPPOSED. ALL RIGHT. I'M SORRY. I'M OPPOSED.OKAY. BUT I MEAN, MR. NORRIS. ALL RIGHT. MR. ATTORNEY. JUST SO THAT IT'LL RUN AFOUL OF ANY RULES HERE.
FD 2300014 DOES NOT HAVE TO COME BACK FORWARD TO PUBLIC HEARING.
OKAY. WE'RE JUST ASKING FOR THERE TO JUST BE A SEPARATE MOTIONS.
PERFECT. THANK YOU VERY MUCH. OKAY. IS THERE A MOTION FROM THE BOARD FOR FD 2300014? CAN YOU PUT IT ON THE CORRECT SLIDE? MR. CHAIR? OH. THAT IS. I'M SORRY, I WAS LOOKING FOR THE SLIDE.
YES, MR. PHILIP. I'LL MAKE A MOTION TO APPROVE.
RECOMMEND APPROVAL FOR LOTUS PALM BAY FINAL DEVELOPMENT PLAN.
CASE NUMBER 23 00014. BASED ON THE FINDINGS THAT THE PROPOSED PLAN COMPLIES WITH THE REVIEW AND APPROVAL CRITERIA FROM THE PALM BEACH LAND DEVELOPMENT CODE, PRIOR TO THE PRELIMINARY PLAT APPROVAL, THE DEVELOPER AND THE SCHOOL BOARD SHALL ENTER INTO A NEGOTIATION PERIOD TO DISCUSS PROPORTIONATE SHARE MITIGATION OPTIONS AS SPECIFIED AND ILA 2014 SECTION 13.5 AND UPON ACCEPTANCE OF ANY MITIGATION STRATEGY, ENTER INTO AN ENFORCEABLE AND BINDING AGREEMENT BETWEEN THE LOCAL GOVERNMENT, THE SCHOOL AND DEVELOPER. THAT SPECIFIES THE AGREED UPON TERMS AND CONDITIONS IN ACCORDANCE WITH SECTION 163.3180. OKAY. IS THERE A SECOND? SECOND? THANK YOU, MISS JORDAN.
ALL RIGHT. I WILL OPEN THIS UP FOR DISCUSSION.
MR. CHAIR, I JUST HAVE A QUESTION. AND THIS IS JUST MAYBE IT'S NOT FOR THIS BOARD.
IT'S FOR THE SCHOOL BOARD. BUT THEY SAID IT'S A TEN YEAR PROJECT.
IF THE NEGOTIATION, IS THERE ANY WAY THAT WE COULD PASS THE CONDITION TO THE CITY COUNCIL TO THEN PUSH THAT IN THAT THE TEN YEAR DEVELOPMENT OF THIS PROJECT, OR WHETHER IT'S TEN, 11, 12 AS IT SOMETIMES GOES SLOWER, AS THEY ALLUDE TO THAT, THAT AGREEMENT NEEDS TO COINCIDE AND BE WHATEVER THOSE FACILITIES IMPROVEMENTS ARE, NEEDS TO BE DONE WITHIN THE SAME AMOUNT OF TIME THAT THEY ARE FINISHED WITH THEIR DEVELOPMENT.
I DON'T KNOW IF I SAID THAT CORRECTLY. IS THERE ANY THE GROWTH AND CAPACITY? YEAH. IF THEY TAKE TEN YEARS, THAT NEEDS TO BE DONE IN TEN YEARS BEFORE FOR AT LEAST FOR FOR THIS PROJECT IS OR IS THAT IS THAT DOESN'T MAKE SENSE.
YOU KNOW, LIKE LIKE THEY CAN'T BE DONE IN TEN YEARS AND THEN WE'RE DONE IN 20. YEAH.
AND I RESPECT THE QUESTION. AND I DON'T HEAR ANYBODY CHIMING IN.
BUT THAT'S WHY I MADE THE COMMENT ABOUT THE TRAILERS IS BECAUSE, YOU KNOW, A LOT OF TIMES WE SEE THAT AND REALLY IT FROM WHAT I HEAR AND FROM WHAT I UNDERSTAND, IT'S, YOU KNOW, DEPENDENT ON THE GOOD FAITH OF THE CONVERSATIONS UP FRONT BETWEEN, YOU KNOW, AND THE DEVELOPERS FROM WHAT I'M HEARING ARE GIFTING A LOT OF LAND.
AND, YOU KNOW, BASICALLY HANDING THAT OVER TO THE SCHOOL BOARD, BUT THEN IT'S REALLY ON THE SCHOOL BOARD TO, YOU KNOW, BUDGET THEIR CAPITAL AND BUILD. TELL ME IF I'M WRONG.
YEAH. OKAY. YOU KNOW, SO, YOU KNOW, AT THAT POINT, YOU KNOW, ONCE.
AND SO THERE'S A CHANCE DECISIONS WITH THE MONEY.
SO JUST TO SAY OUT LOUD, THERE IS A CHANCE THAT THEY CAN ENTER AN AGREEMENT.
THE SCHOOL BOARD'S BUDGET OR BOARD CHANGES COMPLETELY.
IT COULD SLOW ROLL, IT GETS CUT. AND THAT THAT NEVER HAPPENS AT ALL.
AND NOW WE HAVE A GIANT DEVELOPMENT IN THAT AREA.
FULLY DEVELOPED, BEAUTIFUL WITH TONS OF PEOPLE.
IT'S GOING TO ATTRACT WITH NO SCHOOLS, WITH EVERYBODY ALREADY CAPACITY TEN YEARS BEFORE IT HAPPENS.
DOES THAT HAPPEN? IS THAT POSSIBLE? WE WOULD HAVE TO ACCOMMODATE THAT.
OKAY. ALL RIGHT. ONCE AGAIN IT'S. I, I'M A FACT BASED PERSON, SO I HAVE TO VOTE LIKE THAT.
MISS JORDAN. CAN I JUST COMMENT? I THINK YOU'RE LEAVING OUT ALL THE NEW CHARTER, THE POSSIBILITY THE NEW CHARTER SCHOOLS COMING IN.
THERE IS MORE AND MORE PEOPLE THAT WANT TO HAVE THEIR CHILDREN LIKE A PINEAPPLE.
SO THEY WILL PICK UP WHERE MAYBE THE SCHOOL BOARD CAN'T BUILD THEM.
WHICH IS WHY OUR PUBLIC SCHOOLS ARE ALREADY OVER CAPACITY.
I MEAN, I RESPECT IT, BUT YEAH, BUT THEY MEET ALL THE CRITERIA.
[01:35:03]
SO ANY OTHER COMMENT FROM THE BOARD? JUST JUST JUST A QUESTION.I GUESS THIS IS WHERE WE CAN AT LEAST ONCE AGAIN, RE-APPROACH THE THE FOUR LANE ROAD BEFORE IT'S DEAD, BEFORE IT'S MUTE. SO I KNOW, I KNOW, JAKE SAID THAT IT JUST BECOMES THAT IT'S A LITTLE BIT MORE EXPENSIVE, BUT HOWEVER YEAH, WE DON'T WANT TO WE, WE KIND OF DON'T WANT TO GET BACK TO TO BABCOCK STREET.
THAT WAS ANOTHER ONE THAT'S SUPPOSED TO BE FOUR LANED DECADES AGO.
AND HERE WE ARE STILL WITH A WITH BABCOCK STREET ALL THE WAY DOWN TO FELLSMERE TWO LANES.
SO IS THERE ANYTHING WITHIN THIS PROJECT WITHIN THE WITH, WITH THAT THAT CAN ARE THERE ANY OTHER ALTERNATIVES TO THAT FOUR LANE OR TO SECTION, TWO LANE AND THEN MAYBE A TURN LANE OR OR ANYTHING? NOTHING. I DON'T KNOW. KEEP GOING AROUND.
SOMETHING LIKE BABCOCK. I MEAN, A LOT OF TIMES THEY'RE EVEN MALABAR.
A LOT OF TIMES WE'RE LOOKING FOR THE. AS GROWTH OCCURS, WE'RE GETTING THE RIGHT OF WAY.
RIGHT. SO THAT'S KIND OF LIKE STEP ONE. AND THEN YOU CAN REALLY EXPAND THE ROAD.
BUT YOU KNOW THIS INSTANCE WE HAVE THE RIGHT OF WAY.
SO WE'RE ALREADY AHEAD OF THE GAME IF THAT MAKES YOU FEEL BETTER.
BUT ALSO YOU KNOW THEY ALREADY HAVE A PLAN IN PLACE AND IT WILL BE MEMORIALIZED IN THE DEVELOPMENT AGREEMENT AS FAR AS THE PHASES AS TO WHEN THAT ROAD GETS WIDENED. EXCUSE ME. YOU KNOW, STARTING WITH THE TWO LANE ROAD FOR IN THAT FIRST PHASE IS REALLY APPROPRIATE BECAUSE IT'S NOT GOING TO BE THAT MANY HOUSES UTILIZING IT. AND THEN AS THEY MOVE ON ALL THE WAY TO MICCO ROAD, THEN IT BECOMES MORE APPROPRIATE TO GET THAT FOUR LANE SO BUT IT'LL BE MEMORIALIZED WITHIN THE DEVELOPMENT AGREEMENT.
SO AS EACH PHASE IT'S MORE OF A PRIVATE FUNDING.
SO THAT'S THAT'S BETTER THAN THE PUBLIC FUNDING WE'RE RELYING ON.
ALL RIGHT. JUST THOUGHT I'D ASK AGAIN. THANK YOU.
ALL RIGHT. I'M GONNA GO AHEAD AND CALL FOR THE VOTE.
ALL THOSE IN FAVOR OF APPROVING FD2300014 DESIGNATE BY SAYING I I I.
PUBLIC HEARING OR VOTE. SO I DID ASK THE ATTORNEY ABOUT OPENING UP FOR PUBLIC COMMENT AND WE ADDRESSED THE PRESENTATION.
I DON'T THINK ANYBODY WANTS TO GO THROUGH THE SAME PRESENTATION AGAIN. WE DID THE PRESENTATION AND OUR PUBLIC HEARING AS A COMBINED THING, BUT WE'RE TAKING TWO SEPARATE VOTES ON IT. TWO SEPARATE VOTES FOR.
THE ITEMS AND THE ITEMS AND PRESENTATIONS WERE COMBINED.
SO PUBLIC INPUT WAS TO BE DONE WAS FOR BOTH ITEMS. SO WE SO THAT WAS PRESENTED AT THE BEGINNING WITH THE UNDERSTANDING THAT IT CAME TO THE END.
THERE WERE TO BE TWO SEPARATE MOTIONS ON THE TWO ITEMS. BUT THE PRESENTATION, BECAUSE THE ITEMS ARE SIMILAR FOR THE SENSE OF FOR THE SAKE OF EXPEDIENCY, THE PRESENTATIONS AND ALL THE MATTERS RELATING TO PRESENTATION, INCLUDING PUBLIC COMMENTS WERE WERE COMBINED.
OKAY, I'M GOING TO ASK FOR THOSE FOLKS WHO ARE VOTING IN THE AFFIRMATIVE TO SAY I, I, I.
ALL OPPOSED. OPPOSED. JORDAN VOTED NAY. EVERYBODY ELSE APPROVED.
ALL RIGHT. ALL RIGHT, FOLKS. IF I GET YOU TO TAKE YOUR SEATS AGAIN, WE'LL GET BACK TO OUR AGENDA.
THANK YOU EVERYONE. APPRECIATE IT. GOOD JOB. THANK YOU.
[NEW BUSINESS:]
ALL RIGHT. WE'RE GOING TO MOVE ON TO OUR NEW BUSINESS.WE HAVE ITEM NUMBER V2500001. I'VE BEEN ASKED TO SPEAK A LITTLE BIT LOUDER INTO THE MICROPHONE, SO HOPEFULLY EVERYBODY CAN HEAR ME. STAFF, IF YOU WOULD LIKE TO PROCEED.
GOOD EVENING, BOARD MEMBERS. THIS APPLICANT, JOSEPH PEARLMAN.
HE LET ME KNOW THIS MORNING THAT HE WAS NOT GOING TO BE ABLE TO ATTEND TONIGHT.
[01:40:08]
BUT HE DIDN'T WITHDRAW. HE DID NOT. AND I DON'T REALLY HAVE ANY OTHER INFORMATION OTHER THAN THAT, SO. WELL, WHY DON'T I GET A PRESENTATION? GO AHEAD AND PRESENT.WELL, I MEAN, HE DIDN'T WITHDRAW, SO HE STILL WANTS THE ITEM ON OUR AGENDA.
HE STILL WANTS US TO. OKAY. WELL THEN YEAH. GO AHEAD WITH YOUR PRESENTATION.
ALL RIGHT. SO THE APPLICANT, JOSEPH PEARLMAN, IS THE OWNER AT 346 GLASPELL CIRCLE SOUTHEAST WITHIN THE WATER GARDENS AT WATERSTONE SUBDIVISION. IS REQUESTING A VARIANCE TO ALLOW SWIMMING POOL TO ENCROACH FIVE FEET INTO THE REAR TEN FOOT SETBACK OF HIS PROPERTY.
IN OUR LAND DEVELOPMENT CODE SETBACKS FOR ACCESSORY STRUCTURES.
SO THAT INCLUDES POOLS AS GREEN ROOMS REQUIRE A MINIMUM TEN FOOT SETBACK.
SO HERE'S AN AERIAL VIEW OF THE PROPERTY PRIOR TO WHEN THE HOUSE WAS CONSTRUCTED.
IT'S JUST OVER 3000FT². THAT INCLUDES AN OVERSIZE GARAGE AND SMALL COVERED PATIO.
SO VARIANCES DON'T REQUIRE CITIZENS PARTICIPATION MEETINGS.
SO THERE WAS NOT ONE HELD PER OUR CODE, BUT I'LL.
ADVERTISEMENTS MAILINGS AND NOTICES WERE COMPLETED PER ORDINANCE REQUIREMENTS.
THE APPLICANT PROVIDED ALL REQUIRED DOCUMENTATION FOR REVIEW.
WHICH WAS ALL INCLUDED IN YOUR PACKET. THE VARIANCE REQUEST WAS CONSIDERED USING THE ZONING REGULATIONS AND REVIEW CRITERIA, WHICH IS FOUND IN SECTION 172 025 OF OUR LAND DEVELOPMENT CODE.
SO WHAT WAS PROVIDED WAS THE APPLICATION FOR SITE PLAN SURVEY, AS WELL AS SUPPORTING DOCUMENTATION, INCLUDING APPROVAL FROM THEIR HOA. SO I FOUND A PICTURE OF THE HOUSE AS IT CURRENTLY STANDS.
JUST SO YOU CAN SEE THE THE BUILD AND HOW IT WOULD REALLY LOOK.
SO THE SURVEY HERE DEPICTS THE PROPOSED LOCATION OF THEIR SWIMMING POOL.
SO THAT'S WHAT WOULD BE ENCROACHING FIVE FEET INTO THE TEN FOOT SETBACK.
I DON'T KNOW IF IT'LL WORK. NOPE. THERE WE GO.
SO WHICH WOULD JUST LEAVE THEM FIVE FEET TO THE PROPERTY LINE.
THE POOL IS PROPOSED TO BE 35FT WIDE BY 18FT DEEP.
THIS PLAN DEVELOPMENT OFFERED VARIOUS MODELS FOR HOME BUILDS.
SO THIS PARTICULAR ONE SACRIFICED THE SIZE OF THE YARD IN FAVOR OF A LARGER RESIDENCE.
LET ME SEE. DID YOU SAY 18FT DEEP? DEEP AS IN, LIKE, LENGTH.
OH, SORRY. SAY, WAIT A MINUTE. NO, NO, THAT WOULD BE, LIKE, PRETTY CRAZY.
ARE YOU REALLY GONNA PUT A BOAT IN THERE? SO A VARIANCE MAY BE GRANTED ONLY WHEN A PROPERTY CANNOT BE USED FOR ANY PERMITTED PURPOSE DUE TO OUTSIDE CIRCUMSTANCES THAT ARE NOT SELF IMPOSED. THE APPLICANT CURRENTLY ENJOYS WHAT WE WOULD CONSIDER A REASONABLE USE OF THEIR PROPERTY, AS WITH A SINGLE FAMILY HOME AND DOES HAVE ACCESS TO A PRIVATE NEIGHBORHOOD POOL WITHIN THE WATERSTONE SUBDIVISION.
THE APPLICANT CHOSE THIS PARTICULAR PROPERTY.
NO CHANGES HAVE BEEN MADE TO ANY SETBACKS OR PROPERTY LINES DURING THEIR OWNERSHIP.
JUST BY LOOKING AT THE OVERVIEW OF THE PROPERTY, IT LOOKS LIKE IT COULD BE POSSIBLE. ALL LOTS WITHIN THIS SUBDIVISION ARE PART OF A PLANNED UNIT DEVELOPMENT. SO ALL ARE HELD TO THE SAME EXACT STANDARDS INCLUDING SETBACKS FOR ACCESSORY USES.
SO BASED ON THE FACTS PRESENTED, WE RECOMMEND DENIAL OF THIS REQUEST.
BUT US, THE PLANNING AND ZONING BOARD MUST DETERMINE, BASED ON THE FACTS PRESENTED, IF THIS VARIANCE REQUEST MEETS THE REVIEW CRITERIA AND MOVE TO RECOMMEND, APPROVE, DENY OR TO APPROVE WITH CONDITIONS THE APPLICANT'S REQUEST.
ALL RIGHT. THANK YOU. ARE THERE ANY QUESTIONS FOR STAFF FROM THE BOARD? MR. CHAIR? YES. CAN WE GO INTO A MORE PRECISE ANNUNCIATION, IF YOU WILL, OF WHY STAFF WANTS TO DENY THIS.
THERE WERE OTHER EXISTING POOLS THAT DID NOT REQUIRE VARIANCES.
[01:45:03]
FOR ONE WOULD THEN MEAN WE WOULD NEED TO APPROVE IT FOR ANY THAT WOULD REQUEST.THANK YOU. IF I MAY, IF I MAY, I'M SORRY IF I MAY INTERJECT WHENEVER A VARIANCE IS REQUESTED, THE APPLICANT NEEDS TO PROVE HARDSHIP. AND HARDSHIP IS CLEARLY DEFINED IN OUR CODE, AS WELL AS THE STATE STATUTE AS TO WHAT CONSTITUTES HARDSHIP, AND A LOT OF TIMES IT HAS TO BE YOUR PROPERTY DOESN'T LEND ITSELF TO THE BEST AND HIGHEST USE BECAUSE OF ITS SHAPE OR SOME OTHER FACTOR THAT PROHIBITS IT FROM FROM BEING UTILIZED.
LIKE ALL OF THE OTHER PROPERTIES. RIGHT. WE HAVE IN THE ANALYSIS THAT YOU HAVE IN THE STAFF REPORT, IT WILL SHOW SPECIFIC QUESTIONS THAT ARE ASKED OF THE APPLICANT.
IN IN ACCORDANCE WITH THE CRITERIA SET OUT IN OUR CODE, WHICH MIMICS THE FLORIDA STATUTE.
AND SO WE LOOK AT THOSE QUESTIONS. THE CASE OF HARDSHIP, AGAIN, WE TRY TO STEER PEOPLE AWAY FROM VARIANCES. IF THEY DON'T HAVE A HARDSHIP, IT'S JUST SOMETHING THEY WANT.
AND, YOU KNOW, ECONOMIC FACTORS ARE NOT DESCRIBED AS A, AS A HARDSHIP.
SO IT'S PRETTY SPECIFIC AS TO WHAT WE HAVE TO THE CRITERIA WE HAVE TO LOOK AT.
AND AS, AS OUR PLANNER WAS STATING, YOU KNOW, THIS IS NOT THIS IS ALREADY A PLANNED DEVELOPMENT.
THEY HAVE TWO COMMUNITY POOLS, AND YOU GET THE SIZE OF YOUR LOT, AND YOU KNOW HOW TO BUILD YOUR YOUR HOUSE SIZE IN ACCORDANCE WITH THE SIZE OF YOUR LOT, IF YOU'D LIKE A POOL IN THE BACK. SO THOSE WERE SOME OF THE CRITERIA THAT WE WERE LOOKING AT.
BUT OF COURSE, THIS BOARD, YOU KNOW, CAN DOES THEIR OWN CONSIDERATION AS FAR AS MOVING FORWARD.
THANK YOU. THANK YOU. JUST A QUICK QUESTION FOR STAFF TO WILL THIS SWIMMING POOL INTERFERE WITH ANY UTILITIES OR ANY EASEMENTS ANY TYPE OF CITY TRUCK DRIVING BEHIND IT OR ANYTHING LIKE THAT? SO THIS IS WITHIN A PRIVATE SUBDIVISION.
THIS PROPERTY ACTUALLY BORDERS ONE OF THE STORMWATER PONDS.
AND SO THEY DID GET A LETTER STATING THAT THEY WOULD HAVE ENOUGH FLAT AREA MAINTENANCE ESSENTIALLY, OR FLAT AREA TO MAINTAIN THAT POND BECAUSE THE CITY DOES NOT MAINTAIN IT.
SO IT'S NOT A CITY UTILITY EASEMENT. SO THEY THEY DID COMPLY WITH THAT REQUEST.
ALL RIGHT. JUST TO KIND OF REBUT YOU, THIS IS A BRAND NEW COMMUNITY.
SO THAT MAY BE THE REASON WHY THAT A POOL HASN'T BEEN APPROVED YET.
AND ALSO, IT DOES SEEM THAT THE HOMEOWNER HAS HOA APPROVAL TO PUT IN THIS POOL.
I'M KIND OF A BELIEVER IN HOME RULE. HANG ON A SECOND.
LET'S DO OUR OUR PUBLIC COMMENT. PUBLIC COMMENT BEFORE WE GET INTO ALL THAT.
OH, GO AHEAD. GO AHEAD. I MEAN I'M KIND OF A BELIEVER IN HOME RULE.
BUT THOSE ARE MY ARE. THOSE ARE MY $0.02. I'LL GET BACK TO YOU, MR. CHAIR. ANY OTHER QUESTIONS FROM STAFF? ALL RIGHT. HEARING NONE. I'LL OPEN IT UP FOR PUBLIC COMMENT. IF YOU WOULD LIKE TO COME FORWARD AND SPEAK IN FAVOR OF THIS VARIANCE, PLEASE COME TO THE PODIUM NAME, ADDRESS AND COMMENT AND MAKE SURE YOU FILL OUT AN OATH CARD.
ALL RIGHT. BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST. I AGREE WITH STAFF WHEN THEY SAID THAT THE REASON FOR A HARDSHIP WAS THAT THE INDIVIDUAL JUST WANTED TO PUT SOMETHING MORE ON THEIR OWN LAND. AND I AGREE WITH YOU.
YOUR HOMEOWNERS SHOULD HAVE THE RIGHT TO UTILIZE AS MUCH OF THEIR LAND AS THEY CAN.
I AGREE WITH THAT STATEMENT. I ALSO UNDERSTAND, THOUGH, THAT WE TRIED TO SET THE GUIDELINES FROM VARIANCES FOR A REASON, AND THE INDIVIDUAL, LIKE YOU SAID, COULD HAVE HAD JUST A SMALLER HOME.
IT HAD BIGGER, BIGGER POOL OR A SMALLER POOL WITH THE SIZE HOME THAT THEY HAD.
BUT I'M SAYING THAT I'M IN FAVOR OF THIS ONLY BECAUSE I WATCHED THE CITY OF PALM BAY REPEATEDLY APPROVED THE VARIANCES FOR PEOPLE TO HAVE A SWIMMING POOL PUT IN. THAT'S WHY I'M SAYING I'M VOTING. I'D SAY, GO AHEAD AND LET THEM HAVE IT.
YOU'RE GOING TO VOTE? YEAH. THANK YOU SIR. ANYBODY ELSE THAT WOULD LIKE TO COME FORWARD? SPEAKING IN FAVOR. ALL OPPOSED?
[01:50:07]
OKAY, I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING.BRING IT BACK TO THE BOARD FOR BOARD DISCUSSION.
MR. CHAIR? YEAH. THANKS FOR THE DISCUSSION. I'LL MAKE THE MOTION TO APPROVE THE 25 0001 SWIMMING POOL FOR MR. JOSEPH PERLMAN. SECOND, SECOND. ALRIGHT, LET ME WRITE THAT DOWN OR ELSE I'LL GET IN TROUBLE.
SORRY, IT'S MR. HIGGINS, RIGHT. MCNALLY. MCNALLY.
I APOLOGIZE ON THE OTHER SIDE. I'LL GET IT RIGHT BY THE TIME I'M NO LONGER THE CHAIR.
I THOUGHT BILL WAS A COUNCIL MEMBER THE FIRST TIME. ANYBODY ELSE? I'D LIKE TO MAKE A COMMENT. WELL, MY COMMENT WOULD BE I'M GOING TO SIDE WITH STAFF ON THIS ONE, I THINK. I, I, I JUST FEEL AS THOUGH THAT IF WE REDO THE CODE, WE DO THAT WE DO A LOT OF OUR CODES FOR A PURPOSE, FOR A REASON. AND YEAH, SOMETIMES WE, WE ALLOW VARIANCES MAYBE WHERE IT SHOULDN'T BE.
BUT HE'S NOT HERE TO, TO, TO TO REPRESENT HIMSELF OR TO EVEN ASK THOSE KIND OF QUESTIONS AS TO YOU KNOW, WHAT, WHAT WOULD BE HIS HIS REASONING FOR THE LARGER POOL.
BECAUSE OF THIS, THE SUBDIVISION, THEN I THINK IT'S GOING TO BE EVERYBODY WILL FEEL PRIVILEGED NOW TO COME IN AND JUST DO VARIANCES AND PRETTY MUCH DO THE SAME THING THAT MR. PEARLMAN WOULD BE DOING. OKAY.
THANK YOU, MR. WARNER. MY MY COMMENT ON THIS IS, YOU KNOW, PEOPLE REALLY SHOULD BE ABLE TO DO WITH THEIR PROPERTY WHAT THEY WOULD LIKE TO DO WITH IT. NEVER BEEN A FAN OF THESE REALLY TINY LITTLE LOTS.
THOUGH I DO SEE THERE SEE THAT THERE IS A LITTLE HARDSHIP, I THINK, WITH THE SHAPE OF THIS PROPERTY, THE FACT THAT IT IS ON THE CURVE, ON THE BEND, IT BACKS UP TO A PRIVATE STORMWATER UTILITY.
THE HOMEOWNER ASSOCIATION, WHO'S IN CHARGE OF MAINTAINING IT, HAS SIGNED OFF ON THIS.
SO I APPRECIATE THAT THAT HAPPENED. I DO WISH THE APPLICANT WAS HERE.
THAT'S THAT'S DIFFICULT FOR ME. BUT SINCE THAT WOULD BE A OUTSIDE A QUASI JUDICIAL THAT WON'T BE BASED ON THAT. IT DOES SOUND LIKE WE'RE GOING TO HAVE A COUPLE OF FOLKS GOING DIFFERENT WAYS ON THIS, SO I'M GOING TO GO AHEAD AND CALL THE ROLL. MR. NORRIS, HOW WOULD YOU LIKE TO VOTE ON THIS? SO WE HAVE A MOTION TO APPROVE.
YES, SIR. THIS VARIANCE. SO, MR. NORRIS, HOW WOULD YOU LIKE TO VOTE ON THIS AGAINST APPROVAL? LIKE THAT'S WITH STAFF. OKAY. SO. NAY. NAY. YEAH.
GOTCHA. MR. MCNALLY, I APPROVE. APPROVE. ALL RIGHT, MISS JORDAN APPROVED.
MR. HIGGINS? DID YOU SAY APPROVED? YES, SIR. OKAY.
MR. FILIBERTO IS APPROVED. CORRECT. ALL RIGHT.
ALL RIGHT. ALL RIGHT, MR. WARNER. NAY, NAY. ALL RIGHT.
AND I VOTE AYE. ALL RIGHT. MOTION PASSES, 5 TO 2.
THANK YOU VERY MUCH. MOVING ON TO ITEM NUMBER T25.
DASH 00006. WE WILL HEAR FROM STAFF. GOOD EVENING.
THIS TEXTUAL AMENDMENT WAS REQUESTED BY CITY COUNCIL TO AMEND THE CODE OF ORDINANCES FOR SECTION 174 .005 REGARDING BACKYARD CHICKENS, TO MODIFY THE LANGUAGE TO INCREASE THE NUMBER OF CHICKENS, WHICH MAY BE KEPT ON A SINGLE FAMILY RESIDENTIAL PROPERTY FROM 4 TO 6. AND SECTION 174 .002 ADDRESSES, ACCESSORY USES AND STRUCTURES, AND IT PROVIDES LIMITS ANIMAL ENCLOSURES OR CAGES TO 15FT IN LENGTH BY TEN FEET IN WIDTH.
AND SO IT ALSO PROVIDES A TEN FOOT SIDE SETBACK AND A 15 FOOT REAR SETBACK.
AND PER THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES STANDARDS, EACH CHICKEN SHOULD HAVE 3 TO 4FT² OF FLOOR SPACE AND EIGHT TEN SQUARE FEET OF RUN AREA EACH. SO FOR SIX CHICKENS, THIS AMOUNTS TO 66 TO 84FT² OF ENCLOSED HOUSING.
[01:55:02]
AND BASED ON THE REQUIRED SIZE OF THE ENCLOSURE, COUPLED WITH THE CITY'S ACCESSORY STRUCTURE, SIZE AND SETBACK REQUIREMENTS A TYPICAL QUARTER ACRE RESIDENTIAL LOT COULD FEASIBLY ACCOMMODATE SIX CHICKENS WITHOUT CAUSING NUISANCE, NOISE OR HEALTH CONCERNS TO ADJACENT PROPERTIES.AND SO THEREFORE THIS AMENDMENT IS RECOMMENDED FOR APPROVAL.
OKAY. ANY QUESTIONS FOR STAFF? I HAVE A QUESTION FOR THE.
SO WE'RE TALKING ABOUT THE DIFFERENT ZONINGS THAT THIS IS FOR.
WOULD THAT INCLUDE A LOT THE SIZE OF THE ONE WE JUST TALKED ABOUT A POOL ON? CORRECT. SO, YES, SOMETHING THAT SMALL. YOU CAN PUT SIX CHICKENS, CALL IT A DAY.
BUT THIS IS FOR THE. THIS IS FOR THE RESIDENTIAL ZONING.
THIS IS PUD. SO TECHNICALLY IT WOULDN'T BE ALLOWED IN THAT COMMUNITY, I'M GUESSING. THANK YOU.
YEAH. THE HOA IS GOING TO COME AT YOU FOR THAT ONE, BUT QUARTER ACRE LOT.
OKAY. BUT THEY HAVE TO MEET THESE SETBACKS INSIDE SIZE REQUIREMENTS.
IT HAS TO BE PERMITTED AS AN ACCESSORY STRUCTURE.
OKAY. ANY OTHER QUESTIONS FOR STAFF BEFORE WE OPEN IT UP TO THE PUBLIC? ALL RIGHT. WE'RE GOING TO OPEN IT UP TO THE PUBLIC. WE'LL START THE PUBLIC HEARING. ALL OF THOSE IN FAVOR OF GOING FROM 4 TO 6 CHICKENS? SORRY. I'LL TAKE IT MORE SERIOUSLY. ALL THOSE IN FAVOR? FROM THE PUBLIC FOR T2500006, PLEASE COME FORWARD.
NAME, ADDRESS AND ANY OPPOSED? COME ON. FORWARD.
IF YOU WANT TO HAVE THAT MANY CHICKENS. AND I KNOW MR. CHANDLER ASKED FOR 12. THEY'RE NOT THE CLEANEST ANIMAL.
SO IF SOMEBODY WANTS TO HAVE SIX OR MORE CHICKENS, LET THEM GO TO THE RURAL ZONING OF THE CITY, OKAY. BECAUSE THESE SMALL LOTS I HAVE A SMALL LOT.
IF SOMEBODY NEXT DOOR TO ME HAS SIX CHICKENS, IT'S GOING TO BOTHER ME.
YES. DID YOU SAY IDEAS? NO, NO. WELL, WE NEED A MOTION.
WE NEED A MOTION. I'M SO SORRY. MR. PHILIP WAS KIND ENOUGH TO REMIND ME.
WE DO NEED A MOTION. MOTION TO APPROVE. IS THERE A MOTION TO APPROVE OR DENIED? APPROVE? MOTION TO APPROVE FROM MR. NORRIS. THANK YOU, SIR.
ANY SECOND. OH, HI. THAT'S THE WAY IT GOES SOMETIMES.
YEAH. ALL RIGHT. I DO NOT HEAR A MOTION TO APPROVE, SO IT'S DEAD.
MR. CHAIR, I'LL MAKE A MOTION TO DENY ANY T250006 BACKYARD CHICKENS.
OKAY, JUST OKAY. SO MOTION TO DENY. HOLD ON. A SECOND.
OKAY. MR. PHILIP HAS MADE A MOTION TO DENY. DO I HEAR A SECOND? SECOND. MR. MCNALLY? SECOND. ALL RIGHT. ALL THOSE IN FAVOR OF DENYING THIS? OH, SORRY. SORRY. DISCUSSION. YES. OF COURSE.
SURE. DISCUSSION WAS THE SILENCE THAT WE HEARD JUST A MOMENT AGO.
I'LL JUST KICK IT OFF. I FEEL LIKE FOUR CHICKENS IS ENOUGH.
I MEAN, A CHICKEN LAYS AN EGG A DAY. I HAVE ABOUT TEN OF THEM ON MY PROPERTY DOWN IN SOUTH PALM BAY.
SO THEY THEY. THAT GROWS RATHER QUICKLY. SO THAT'S KIND OF THE REASON FOR MY DENIAL.
AND THEN ALSO FOR PERHAPS THE UNHYGIENIC PROPERTIES THAT CHICKENS MAY HAVE.
SO THAT'S THE REASON. OKAY. MY ONLY COMMENT IS I AGREE WITH MR.
[02:00:03]
ROBERTO, AND I ALSO AGREE WITH SOME OF THE COMMENTS.I'M NOT AGAINST IT BEING RAISED, BUT I FEEL LIKE THERE NEEDS TO BE SOME SORT OF EXPECTATION ON THE ZONING OR THE SIZE PLOTS OR WHATEVER THAT CAN, YOU KNOW, TAKE THIS INCREASE.
RIGHT. BECAUSE SOME OF THESE PROPERTIES ARE PRETTY JAMMED TIGHT.
SO I DIDN'T WANT TO APPROVE AND WITH CONDITION AND THAT I WOULD RATHER ASK AND AT LEAST MOTION TO DENY WITH SOME SORT OF, I DON'T KNOW HOW I REPHRASE IT RECOMMENDATION OR THAT THAT TO COUNCIL THAT TO DENY BASED ON THE SIZE PLOT OR TO BE RECONSIDERED ON THE SIZE PLOT THAT THAT CAN HOUSE SIX CHICKENS, WHETHER IT BE OR NOT, CAN BE A QUARTER ACRE IN A RESIDENTIAL COMMUNITY AREA, NOT HOA.
IT HAS TO BE SOME SORT OF, YOU KNOW, RULE OR, YOU KNOW, LARGER SIZE.
YEAH. I THINK IT IS PROBABLY BEST TO LEAVE IT THERE.
ANY OTHER COMMENTS? HAVE YOU GUYS HAD BACKYARD CHICKEN EGGS? THEY'RE DELICIOUS. WELL, I IMAGINE THEY TASTE LIKE THEY'RE WAY BETTER THAN STORE EGGS.
THEY'RE PERFECT LITTLE PETS FOR HER. SHE SHE'S FOUR.
I DON'T THINK SO. OKAY. I JUST HAD A QUICK COMMENT LAST TIME THIS CAME TO RAISE THE AMOUNT OF CHICKENS THEY WANTED COUNCIL MEMBER WANTED 13 CHICKENS, TWO GOATS OR TWO SHEEP. AND I THOUGHT, THAT'S NO WAY.
SO THIS IS AT LEAST REASONABLE, BUT I DON'T AGREE WITH IT.
WELL, MY MY COMMENTS ARE JUST BASICALLY IT'S PALM BAY IS GROWING, AND THERE'S A LOT OF RESIDENTS IN THE CITY OF PALM BAY.
SO IF EVERY RESIDENT DECIDED TO GET FOUR CHICKENS NOW, WE GOT A NEIGHBORHOOD COOP OF CHICKENS, NO PUN INTENDED. BUT. SO I JUST THINK THAT THIS IS GOING TO BE ANOTHER ONE OF THOSE THINGS WHERE WE'RE JUST GOING TO ALLOW TO JUST WITH, WITH GOOD INTENTIONS, BUT IT'S GOING TO JUST POSSIBLY JUST GET OUT OF HAND IN THE FUTURE BECAUSE IT'S JUST TOO MANY RESIDENTS.
SO I THINK THAT'S WHERE WE NEED TO JUST KIND OF LIKE JUST MAYBE JUST JUST JUST KEEP IT.
YEAH. AGAIN, I, YOU KNOW, IT'S NOT PROHIBITING CHICKENS.
YOU KNOW, YOU STILL CAN HAVE FOUR CHICKENS, YOU KNOW? AND IT'S JUST NOT GOING TO BE SIX CHICKENS. IT DOESN'T LOOK LIKE.
OKAY, SO I'M HEARING FROM THE BOARD. I'M SORRY.
MR. NORRIS, YAY OR NAY TO DENYING THE VOTE. SO ARE YOU IN FAVOR OF DENYING THE MOTION? NAY. OKAY, MR. MCNALLY. YAY! YAY! ALL RIGHT, MISS JORDAN.
YES. OKAY, MR. HIGGINS. YAY! YAY! OKAY. MR. FILIBERTO.
AYE. THANK YOU. MR. WARNER. HI. AND I VOTE IN THE AFFIRMATIVE AS WELL.
IT PASSES 6 TO 1. ALL RIGHT. THANK YOU, BOARD MEMBERS, FOR ALL OF YOUR ATTENTION THIS EVENING.
THANK YOU ALL VERY MUCH. GOOD JOB.
* This transcript was compiled from uncorrected Closed Captioning.