[Music] [Music] [Music] [Music] [Music] [Music]
[Music] [Music] [Music] [Music] [Music] [Music] [Music]
[Music] [Music] [Music]
[Music] [Music] [Music] [Music] [Music] [Music] [Music]
[Music] [Music] [Music]
Board of County Commissioners acts as a quasi judicial body when it hears requests for resoning and conditional use permits. Applicants must provide competent, substantial evidence establishing facts or expert witness opinion testimony showing that the request meets the zoning code and
comprehensive plan criteria. Opponents must also testify as to facts or provide expert testimony whether they like or dislike a request is not competent evidence. The board must then decide whether the evidence demonstrates consistency and compatibility with the
comprehensive plan and the existing rules in the zoning ordinance, property adjacent to the property to be reszoned and the actual development of the surrounding area. The board cannot consider speculation, non-expert opinion testimony, or pull the audience by asking those in favor or opposed to
stand up or raise their hands. If a commissioner has had communications regarding a resoning or conditional use permit request before the board, the commissioner must disclose the subject of the communication and the identity of the person, group, or entity with whom the communication took place before the
board takes action on the request. Likewise, if a commissioner has made a site visit, inspection, or investigation, the commissioner must disclose that fact before the board takes action on the request. Each applicant is allowed a total of 15 minutes to present their request unless time is extended by majority vote of the
board. The applicant may reserve any portion of the 15 minutes for rebuttal. Other speakers are allowed five minutes to speak. Speakers may not pass their time to someone else in order to give that person more time to speak. >> Good evening and welcome to the October
2nd planning and zoning meeting for the board of county commissioners. We have a quorum. I'll call the meeting to order. We have an invocation tonight by Pastor Shan Ferguson with Faith Temple Christian Center. Sir, you're recognized
and thanks for being here. >> Thank you. Thank you, Mr. Chair, and thank you commissioners for all that you do. I stand before you honored to be here also representing the city of Rock Ledge where I serve have served for the past nine years as a uh city councilman.
So, it's an honor to be here to pray to do invocation. Let us pray. Heavenly Father, we pause at the opening of this meeting to acknowledge your presence and to seek your wisdom. We thank you for this season of reflection
and renewal and for the opportunity to serve the citizens of Bvard County. Your word declares in Psalm 127:1, "Except the Lord build the house, they labor in vain that build it. Except the Lord keeps the city, the watchman waketh but
in vain." Lord, we recognize that apart from you, our efforts cannot stand. Tonight, grant these fine commissioners the wisdom, the clear minds, the discerning spirits and hearts. May they work together continually in unity,
guided by justice, compassion, and integrity for the good of all who call this county home. Lord, bless Bard County with peace, protection, and prosperity. and may you continue to bless the United States of America in
Jesus name. Amen. >> Well done, sir. Thank you very much. Um if you'll join me in the pledge of allegiance to the flag of the United States of America and to the stands one nation,
indivisibley and justice for all. Okay, commissioners, we do not have minutes tonight to approve. We don't have any resolutions. And so, we're going to move into the
consent. So, here's what we're going to do. We're on consent. We're going to have F1 and F3. And we're going to vote for those. And we're going to have a separate vote on F2. And Morris will explain that in a minute. So on F1 and F3 for consent
>> to approve. >> Have a motion to approve on F1 and F3. Is there a second? >> Have a I have a motion by Commissioner Delaney. I have a second by Commissioner Atinson. Clerk will call the role. >> Commissioner Delaney? >> Yes. >> Vice Chair Goodson? >> Yes. >> Commissioner Atinson? >> Yes.
>> Chairman Felner? >> Yes. And we'll show that passes 40. Thank you, Commissioners Morris. Uh go ahead, sir. On F2. >> Yes, sir. On item F2, Commissioner Goodson is the manager of the limited liability company TG Reynolds of Bvard
LLC. That is the subject of the binding development plan. This zoning item was previously approved by the board on August 7 with Commissioner Goodson abstaining and Commissioner Goodson needs to abstain tonight and he will be filing a conflict form with the clerk to the board.
Okay, having explained that, uh, second. >> I have a motion by Commissioner Atinson on F2. I have a second by Commissioner Delaney. Clerk will call the role. >> Commissioner Delaney, >> yes. >> Vice Chair Goodson, >> he's abstained. Second. >> Thank you. Commissioner Ason,
>> yes. >> Chairman Felner, >> yes. We'll show that passes 30. Okay. Thank you for that, commissioners. Very good. I don't think we have a G card, right? No. >> Okay. Very good. All right. Uh we're
going to go on to H1 and two. Trina. >> H1 and H2 are companion applications. I will read them in the into the record together. How they'll need a separate decision. City Point Landfall LLC being represented by Kimberly Rosena requests
a smallcale comprehensive plan amendment under 24S.11 to change the future land use designation from res 1, res 2, res 4, and NC to CC and res 4 under application 24 SS00009
located in district 1. H2 City Point Landfall LLC LLC being represented by Ken Rosena requests a change in zoning classification from EU and RP with an existing BDP to PUB with the removal of
existing BDP under application 24 PUD 0003 located in district 1. >> Uh Kim Rosena on behalf of Citypoint Landfall, the owner of the property. Um I for H182 we're going to request a continuence. There's several reasons.
One, um we believe we've nearly got everything settled with the neighbors. We think they're mostly happy with the revised plan. There's email that came in yesterday that asked us to do something we were agreeable to do, but we can't do it. So we want to work to make sure that the PDP does have a conservation shown on it, which will essentially do the
same thing. Also, there's been some more comments we haven't seen yet. And also too, third thing is we realize that the the um PDP that's in the package is not the right one. It's it's inconsistent where the walkway is. So we would ask continue um H1 and H2 to the November
6th agenda. I have a question about that. >> Okay. Commissioner Delene >> Billy is with the rules as far as continuations go. >> Can you explain that a little bit? >> In this situation, it would be within the board's discretion to continue.
>> Okay. And um as far as a conservation um element, what is allowable right now um without them having to
start from scratch? >> When you say start, I think what Mr. Rzeni is saying that is they would noted as conservation in the PDP. That could be done. I think what would change things if you were actually asking for a different land use? I think that's been suggested. That would require, I
believe, a new advertisement and things of that nature. >> And would it being in the um the BDP, would that be permanent? >> The the PDP the PDP the preliminary development plan which is approved
alongside a PUD, right? Um uh substantial changes would require back come back to the board minor changes would be can be administrative depending on what they are >> to to be clear. Sorry, I didn't mean to
run. Uh, but that's things like a develop if you're adding units in uh in on that east side of the the track here, that would certainly be considered a substantial change that would come back to the port. >> And we could actually put the conservation in a document and record it in the public record over those 2.36
acres. And so for a conservation, you mean a conservation easement? >> Yes, ma'am. And is that a permanent thing? I'm going to defer to Morris on on the uh the the mechanics of a conservation easement and its permanency.
>> Depend on how it's done, but I'd have to look at it and discuss what you have in mind. >> Okay. I I've done it with other developments where you put it in the public record and it's very hard to change. It's in the public record. But yes, I can I can work with Mr. Richardson on that as well. But that way
everyone would be sure that those wetlands would stay wetlands. Okay, Commissioner Atinson, >> just a quick question. I know when I was talking to staff, we talked about an easement in perpetuity. Is that the same thing that we're talking about here >> or is it different?
>> I think that's similar to what she's proposing, but we could do it in a way that it could only be released in the future by the board. For example, >> I know that um one there's one family who um has put forward a a
idea that I think is what Miss Rosena is talking about, but I've gotten a a lot of other emails from people um saying that they're still uncomfortable with the um
density increase and um and it looks like there's a bunch of people here from the neighborhood tonight. And so it's just it's hard for me to continue this on when people have been waiting and preparing for this.
>> Okay. Um Morris, what what's um um Kim has said she wants to continue. What what do we need to do here? >> Well, it really is within the discretion of the board at this point because the
timing of the request. So, um because I think they have already moved it once as a matter of right. So, if you could entertain a motion if there is a motion that would take precedence over other motions. >> Um but it's up to the board. >> Can I make a motion to um hear this item
tonight? >> So, that wouldn't really be a motion. And you would just hear the motion or you would hear the item if there's no motion or the table or continue. >> That's what I meant. >> No need for a motion to do that. You would need a motion to continue. >> Okay.
>> Okay. So, uh to to go forward tonight or to continue, what is uh continuing uh for the for the board and for you? What what does that allow us all to do if we continue this? allows to have the the proper PDP in your in your in your act
in your package, which it's not. Um, staff did not get the right PDP in there. I'm not saying it's their fault. I don't know if it's manager's fault, but it's not in your package, the proper one. Two, it's going to allow us to do a PDP that shows a conservation easement on it. So, that's what you're approving. And three, to actually do a conservation recorded in the public record for the
benefit of the public. So, those are three. And also, it would allow me to see whatever these other comments are that Miss Delaney has that I have not seen. So, we can possibly meet with them as well. >> Okay. I think we need to make a decision here on
>> I'd like to make a motion to to continue. >> Second. >> Commissioner Delaney, you're going to say something. >> What is What are the legal ramifications if we don't continue it? Morris, what what does that mean for us?
careful about what I say up here. Um, you know, she's raised some considerations that could go towards due process concerns. Um, certainly the applicant has a right to uh, you know, know the comments and see the comments that have been made and uh, but but generally I think based on the record
here, I don't see a problem with the board deciding to proceed and hear the item. Of course, anytime you have an item that might be controversial and you only have four members present, there's always the chance you have a split vote, in which case we may have to entertain multiple motions. And sometimes the board in the past when there's been
inability to come to a resolution with four, it ends up then getting continued anyway to a future meeting when all five are present. So, those are some of the considerations, but there's nothing to prevent the board from hearing tonight. It's been properly noticed. Um there are some clarifications that could be made
on the record regarding things like the location of the boardwalk. So all that could be cleaned up tonight, but it's it's really the board has absolute uh discretion since it's the applicant's request. You know, they can't um say that you didn't comply with any applicable timelines to consider it. So
it's really up to the board. What's your pleasure? as uh just real quick um but with regards to a conservation um easement and being recorded um if we proceeded tonight how does how
how would that work that happens after the fact I mean >> yeah that could be part of the direction that that's a requirement of the approval the approval is conditioned on that and then it would follow and you know it would be in a form subject to the approval of the county attorney >> okay um
>> but it would be better, you know, obviously if we could see that in advance and and consider it and discuss it. >> Okay. I I think we had a motion. Okay. Uh to continue and a second. Okay. So, we're we're going to do that. Okay. So,
clerk will call call the role on the motion. >> Commissioner Delaney. >> No. >> Vice Chair Good. >> Yes. >> Commissioner Atinson, >> yes. >> Chairman Felner, >> yes. And we'll see you uh November 6th. >> Yes. Thank you. >> That's right. Okay.
continue to the November 6th board meeting at this location at 5:00 pm. >> Now, commissioners, just real quick, because I wanted to take care of a housekeeping issue on H10, uh because we don't have the benefit of having Commissioner Alman here tonight,
um we think the better thing to do is to hear that at the county commission meeting on the 14th. And I and I think that's I mean he was part of the original legislation so I think that would make a lot of sense. >> We need a motion for that, right?
>> Yes. Okay. All right. >> Move to continue that item. >> All right. I have a motion by Commissioner Delaney. I have a second by Commissioner Atinson. Clerk will call the role. I'm moving uh H10 to the continuing it to the uh regular commission meeting on the 14th.
>> Commissioner Delaney. >> Yes. >> Vice Chair Goodson. >> Yes. Commissioner Atinson. >> Yes. >> Chairman Felner. >> Yes. We'll show that passes. Thank you, commissioners. Sorry about that. All right. Um Trina, let's go on to H3. >> Item H3 and H4 read into the record
together. They're companion applications. However, they're going to need a separate uh decision. Michael S. Paulo being represented by Landon Shear request a smallcale comprehensive plan amendment under 25S.13 to change the future land use
designation from CC and res 15 to all CC under application 25SS 00007 located in district 4. Michael S. Apollo being represented by Landon Shear request a zoning classification change
from BU1 and RU17 to BU2 with a BDP under application 25Z 000029 located in district 4. >> Sir, uh Landon Shear Shear Engineering
1361 Highway 81A Satellite Beach. Um just a little back history on the property. The families owned this property for quite some time. Um, and they actually developed the mobile home complex of the west in the uh in the 70s or the 80s. Um, and at that time they
carved out this parcel that we're talking about tonight um for future development with the intent always to develop it. However, um FDOT had other plans when they uh took over half of the property with imminent domain um for the
drainage pond um just north of this property uh which left them with an awkwardly shaped property uh that had a split zoning making it difficult to develop. Um so our request main request tonight is to unify the zoning across the property for uh one commercial uh
zoning and land use. Um the request is uh BU2 with a BDP to restrict um all uses to be all BU1 uses um with the addition of contractor office and storage in BU2. Um that being the only
use in BU2. Um the property owner currently um owns a HVAC uh and plumbing contracting company up in Rocklage and they are uh outgrowing their operation now and are looking to relocate to uh
this property um to accommodate their future growth. Um and the quest for the uh contractor outdoor storage really comes at uh the owner uh has the ability to get late uh evening and late
afternoon uh deliveries for materials. And u this is we're trying to be proactive against potential code violations for outdoor storage um of materials. uh they deliver materials box trucks and they drop them off outside the door and if there's no guys around
to bring them inside then they would be left outside overnight until someone can get them in the morning and bring them inside. Um so this is being proactive against um code violations uh not being allowable use in the BU1 zoning. Um and
so we're trying to like I said be proactive. Um, this area is a uh true I would think a true um mixeduse area with uh there's curb pro, paver pro, a dentist office, marine and boat repair, um a hair salon, a car the car spot,
VFW, a daycare, commercial uh vacant commercial office space, gas station, office complex, doctor's office, and an aquatic center that's been approved but hasn't been under construction along with a little bit of residential in the area. Um US1 is a major sixlane highway
that um provides sufficient uh capacity for this development. So there's no concerns for traffic there. Um the property has been uh evaluated by the environmentalists for wetlands and there was no wetlands that were found on
the site. Um there is a drainage ditch in the back or back the west western portion of the site and we have been in discussions with St. John's. We do have the ability to relocate it obviously with appropriate permitting and uh calculations. Um there's a flood zone on
the west side of the site which is why we have situated the building where we have um away from the flood zone. We've put the drainage area on the western side of the site um strategically to mitigate any flood zone concerns. Um the
deliveries and everything is going to be uh brought up to rollup doors um which will be shielded from the rideway on the sides of the building. So there's no concerns for um big huge metal rollup doors facing the rideway. Um like I said there's the deliveries materials are
from box trucks. So it's not big semi tractor trailers coming in and uh coming in through this area all the time. um and the nature of their business um is plumbing and HVAC contractors. So the it's in their best interest to keep all
their materials inside. So 99% of the time materials are going to be inside the building uh for weather protection and theft protection. Um so in summary um our request is uh BU2 with a BDP that allows um all BU1 uses
and the only BU2 use we're asking for is uh contractor um office and storage outdoor storage. >> Okay sir. Um this is this is my district and I have to tell you the the one thing I'm very empathetic towards neighbors.
>> Sure. uh especially on on noise and at night and you are right up against I mean there's nowhere for them to go. >> So how can we how can we split this uh late night delivery noise situation with
with trucks and such. >> And I say late night I'm not talking about like midnight deliveries but I'm talking 5:00 6:00 guys are trying to leave go home to their families. a box truck comes in because they're making their last deliveries of the day.
>> I'll split it with you. >> So, what if in a BDP we agree that it's not going to be deliveries after 9:00 p.m.? >> You take that? >> Yeah. I think the owner will be okay with that. >> Good. Good. We're we're good. Good enough there. Okay. Um Okay. We need
separate motions on on these. So, the BDP is going to be on H4. We're going to agree to um deliveries not after 9:00 p.m. Okay. All right. on um H3. Again, this is my district. Um so um
>> I have a motion by Commissioner Atinson. I have a second by Commissioner Delaney. Clerk will call the role on H3. >> Commissioner Delaney, >> yes. >> Vice Chair Goodson, >> yes. >> Commissioner Atinson, >> yes. >> Chairman Felner, >> yes. And on H4, um, we're going to agree
to, uh, the BDP, um, with the uses stipulated in the addition of we're not going to sir to add. >> Yeah. I just would ask the board for clarification. You gave us a time that you don't want deliveries after, but, are you considering a time that you don't want them to start?
>> Okay. >> Because I think the concern is late night deliveries. So I I would probably recommend that you say something like they don't have any deliveries before 7. >> I I think the applicant would agree to that. >> Would we can we agree to that? >> Um 7 I mean
>> plumbing and HVAC contractors they get up early. They try to beat the heat. So they're likely going to be I mean I can't speak for them, but I would imagine some are going to be in the office by 6:00 a.m. So I don't know if >> I think we were talking about deliveries. We're talking about the trucks arriving in and
>> so the trucks can't come before 7 a.m. is what you're saying. >> Would you agree to that? >> Delivery trucks. >> I think we're looking >> I mean grass cutters start at 7 a.m. >> Is that what we can we can we do six?
Let's do seven. Um, again, I don't mean to be difficult, but I I have to think of all the folks that live next to you, too. And >> and I think we're we're we're splitting it here in a pretty reasonable way. So, can we say that not before 7, not after 9:00 p.m.? >> Okay. >> Okay. That's the BDP we're going to
agree to. >> So, move. >> We're clear on that, everybody. Okay. I have a motion by Commissioner Delaney. Is there a second? Second by Commissioner Atinson. Clerk will call the role. >> Commissioner Delaney? >> Yes. >> Vice Chair Goodson? >> Yes. >> Commissioner Atinson? >> Yes. Chairman Felner.
>> Yes. >> If I may, just for clarification, it would also include the BDP to say they have all BU1 uses and the single BU2 use of contractor's offices, plants, and storage yards. Just for there. >> Yes, that was all clarifi. Yes. Okay.
All right. We're all clear on that. Yeah, sir. >> Good job. Okay. >> All right. Very good. Thank you for that. Commissioners, we're going to go to H5. Trina. >> The next item is H5 Bonaface and Company Incorporated being represented by
Kimberly Rosena. Requested zoning classification change from BU1 with a BSP to BU1 with removal of a BSP under application 25Z 00020 located in district 5.
>> Okay, Kim, you're recognized. Good evening chairman, members of the county commission. My name is Kim Rosena with Lacy Rosena in Melbourne, Florida. I'm here on behalf of Bonafas and Company, Inc. With me is Neil Huta, who is the um chief operating officer of uh Bonafas and Company. This is the Kia
dealership on 192. This stems from a 1988 reszoning. This is the old Hower Zoo. It was 46 acres at the time. It was reszoned uh to allow a BU1 use on the front. And with the that
came the binding site plan that had a hatch line that showed where a wall is supposed to be. In 2000 in 2019 when they came forward with a site plan to put in the Kia dealership, they built
it. They got their co they put a wall on the north side. West side, they no longer owned it. It's only 12 acres. And then on the east side there was no wall required. We don't know why, but a CO was issued. Now they've gone to expand to add service base on the existing
footprint on the existing area that's paved and it's on sort of on the east side. And so it was noted that they don't have a wall on the east side. Now there is a right of way and drainage easement on the east side. They've been there for five years. They've had no
complaints. if they want to move forward with their expansion without having to build a wall all along the east side of their property. So, um again, this is just to allow them to add a service building on an existing parking lot. It's going to be inside air conditioned,
all enclosed. Um they are not abudding any residential property to the east. They are abudding property to the north, but there's a sixoot masonary wall. Um I provided a package to PNZ. It's in your uh packaging starting there. It's at page 769.
I have extra copies if anyone wants them, but I I know you all have lots of paper and you have books and all that. So, that was just to show you the location. Uh but it does show on page 778 and 779 the pictures of the concrete
6-foot wall. There's also um in your packet at page 780, this was the asbuilt from 2020 that shows the 6ft concrete wall all the way to the east side of the property line. And then on page 781, you have the
proposed site plan um that's under review by your staff and it shows the location of the enclosed one-story building. None of the trees are going to be removed. Nothing's going to be changed because they are building on existing
asphalt. So, the 200 plus area of foliage is going to stay. The trees have been there forever. They're not going to remove them. And so, we're asking for the removal of the binding site plan so they do not have to build the wall on the east side. I over complicated it for
PNC, so I've kind of shortened it. If you have any questions, I happy to answer. Mr. Huda is here to answer any questions, but they've never had any complaints. The neighbors to the north don't have any problems and there's actually another 40 foot drainage easement to the north as well. So they
they just are trying to expand for phase two. >> Okay. Very good. Are there questions for the applicant? I don't I don't have any cards. Any other >> commissioner Atinson?
>> Mr. Zanka, you mentioned that they're not going to take the trees down on the east side, >> correct? >> Right. that they're going to expand on their current footprint. >> Yes, sir. Or yes, ma'am. >> That's okay. >> Have it. >> That's okay. Um,
do we have any way of determining for sure that those trees will not ever go? And if we don't, could we? >> Uh, the way it would do would be to install another BDP, which not really what the client wants be
because of the requirements of your BDP to get the lender. That's >> got it >> right. >> What if we just had Mr. Hooa come up here and say on the record that he promises? Is that something? I mean, I know. Does he hate it? >> Good evening. Um
I am Neil Hutah um operating officer of Bonifac and Company. Um and we have not touched that woods area for 5 years. We have no plans on doing it. I sure hate
to say we'd never do anything um because you just don't know what's going to happen in life. But we are very very we're trying to be very good neighbors. Um we're very uh cognizant of our neighborhood to the north. Um and we
have absolutely no plans to develop that uh at this point and we really believe in sticking to our expertise which is automobile sales and service. >> Right. I understand the difficulty in you guys getting um a BDP and all of
that. So this is going to be good enough for me. >> All right. Thank you. >> Thank you. I have a question for staff. >> Uh, Commissioner Delaney for staff and then uh, Commissioner Goodson after. Okay, Commissioner Delaney, go ahead.
>> Um, removing this binding site plan, what would that mean for the future of this property? Say in a hundred years when you guys say enough with this business, we're moving on. Um, what does that mean for this property?
>> The north side wall still has to remain. It's required by our code to separate the residential from the commercial as well as landscape buffer or vegetative buffer. Uh on the east side, they're also required to have a um
a type B uh roadway buffer. So that means 15t uh minimum width of vegetation. And so with this um site plan in place, even if it were to sell to a new owner,
it would stay with it. >> Yes. >> Okay. Thank you. >> I think uh Commissioner Goodson, sorry, you had a question. >> Yeah. If you're building on asphalt with a building, I would assume you have the correct amount of storage for water that
you would have for the asphalt the same as for the building. Is that a correct statement? >> Yes, sir. >> Okay. Did Okay. Commissioner Atinson moves to approve. Is there a second? >> I'll second. I >> have a second by Commissioner Goodson.
Clerk will call the role. >> Commissioner Delaney. >> Yes. Vice Chair Goodson. >> Yes. >> Commissioner Ason. >> Yes. >> Chairman Felner. >> Yes. Show that passes. Okay. Commissioners, >> we're going to go on to H6.
And I don't think I have card. Now, >> H6 is 5125 South LLC. request a CUP for alcoholic beverages for on premises consumption accessory to a bar and game
hall in suite 3 in BU1 zoning classification under application 25Z 000021 located in district 2. >> Okay, we we don't have the applicant here. Uh, Commissioner Goodson, uh, your
district, sir. What? Uh, >> I'd make a motion for approval. >> Okay. Have a motion to approve to approve. By the way, any other questions? You have a question? I'm sorry. >> So, I don't know if um if staff, if you
do you have any updates for us about this business, this property, the situation? >> Because during our um briefing, you guys had mentioned there's some uncertainty going on with this.
>> Uh so the applicant failed to appear at PNZ twice. That was why PNZ recommended denial of this application. Um it's in the board's discretion to um approve it, deny it. Um if the applicant
was here, another option might be to send it back to PNZ. But with the applicant, it would appear that the applicant has is no longer interested in this application. But in any case, they're not here. >> If that's chair, if that's case, I'll
pull my motion. Okay. >> Okay. So, you're not interested in a motion to approve? >> Nope. >> Okay. All right. Are there any other questions on on this? I don't have any cards. Is there any discussion on this beyond that? Okay. All right.
Is there a motion to deny it? >> So moved. >> Second. >> All right. Have a motion to deny by Commissioner Goodson. Have a second by Commissioner Atinson. Clerk will call the role. >> Commissioner Delaney. >> Yes. >> Vice Chair Goodson. >> Yes. >> Commissioner Atinson. >> Yes.
>> Chairman Felner. >> Yes. >> Show that one denied. Okay. Uh H7. Katrina >> Vincent and Sher Google being represented by Thomas Nder request a cup for an accessory structure under
application 25Z000026 located in district 3 >> chief you're recognized. Hi, Tom Ladder, 1860s Administr Street, Northwest Palm Bay. I'm requesting a cup change to put some electricity on a vacant piece of property.
>> All right. Okay. Chief, having explained the issue, are there any questions? I have a question by Commissioner Atinson. >> So, this dock was um approved by D. >> Yes, we did get a approved permit. >> Right. And so, you're complying with all the D requirements.
>> Yes. >> My question. >> Okay. Very good. Any other questions? Nope. Don't have any other cards. Any discussion? Is there a motion on the item? >> May I just ask that a motion include the waiver to um
uh the 1,00 ft requirement for the CUP? >> Billy, can you explain that for me, please? Yes, ma'am. The code for a dock such as this, it's as an the dock as an accessory to a principal structure
that's in in a neighborhood um typically requires 1,000 ft. However, the board has the ability to wave that requirement if the b the dock was established prior to 2008. We did our research here and found that the dock was established prior to that date. So, it's within the
board's discretion to wave that particular requirement. And in here, the the principal structure is located about 1,800 ft away, so it would require that waiver. >> Got it. >> Okay. >> I make a motion to approve with everything that Billy just said. Okay. >> Second.
>> I have a motion by Commissioner Atinson, including the waiver. I have a second by Commissioner Delaney. Clerk will call the RO. >> Commissioner Delaney? >> Yes. >> Vice Chair Goodson? >> Yes. >> Commissioner Atinson? >> Yes. >> Chairman Felner? >> Yes. >> Congratulations. >> Thank you, Chair. Appreciate it.
>> All right. Okay, commissioners, we'll go on to H8. >> The VER company being represented by Jose Pasmino request a CUP for on premises alcoholic beverage consumption
under application 25Z 00032 located in district 4. >> Sir, good evening, commissioners. My name is Jose Pasmino, 500 West Monroe, Chicago, Illinois. Uh I'm here uh with
Arco Murray on behalf of Topgolf to ask for um a cup for on beverage consumption of alcoholic beverages. I said beverage twice. >> Okay. Uh I think uh when we approved uh Top Golf before it was here for all of
about 35 seconds. So doesn't think this was going to be a hard one either. This is uh my my district uh commissioners. Uh is there a motion to approve? >> Move to approve. Second. I'll let you guys split it. Okay. I have a motion to approve by Commissioner Atinson, second by Commissioner Delaney. Clerk will call the RO.
>> Commissioner Delaney? >> Yes. >> Vice Chair Goodson? >> Yes. >> Commissioner Atinson? >> Yes. >> Chairman Felner? >> Yes. And we wish you luck. >> Thank you very much. >> Do you guys have an opening date yet? >> Um, we're getting close to permit approval and we'll get >> hopefully before summer.
>> Thank you. >> Take care. Right. on H9. >> H9, sir, is Hope Episcopal Church, Inc. Um, CUP request for wireless telecommunication facilities and broadcast towers in a PUB zoning classification. I'm reading this one
instead of Billy because this is one that the board has heard previously. Uh, the board heard this request, denied the cup. It was the board decision was challenged by the applicant under the federal telecommunications act and we
have had the middle district court uh federal district court and the 11th circuit court of appeals tell us that um under the telecom act that the board needs to issue the permit and we in fact have a mandate that the cup should be
issued. Um, and I'm going to ask the board for a motion to issue the cup, but subject to the conditions recommended by the county's consultant, Cityscape, in its telecommunication site review dated August 18 of 2023. This is a mandate of
the court. It's not a board decision that this is a good fit for the tower, but based on the record before the court, the court has directed um the board that that's the required action. >> So moved. >> Okay. I have a motion by Commissioner Delaney. Is there a second? Second.
>> I have a second by Commissioner Atinson. Clerk will call the role. >> Commissioner Delaney? >> Yes. >> Vice Chair Goodson? >> Yes. >> Commissioner Atinson? >> Yes. >> Chairman Felner? >> No. >> And we'll show that passes. Thank you. Okay.
H10. We already took care of. Um I think I've got one um card for public comment. Trevor Tezle. Did I say that right or Teasel? >> Tiselle. >> Tiselle.
All right. Put an accent mark over the that part. You recognize, sir. >> Uh, good evening, commissioners. Uh, my name is Trevor Tiselle. Uh, I'm live in Sunry. I'm a lifelong Bvard County resident. Since the county recently
passed its budget, I see no better time to begin advocating the commission to provide funding in the fiscal year 2026 2027 budget for universal bodywn cameras for deputies of the Bvard County Sheriff's Office.
Let me start by saying that I am a strong supporter of our law enforcement officers and I believe that anyone who holds themselves out to be a strong supporter of law enforcement would see the imperative of a policy providing for universal bodywn cameras for Bvard
County Sheriff's deputies and municipal police officers. For how else can an officer establish a defense for himself or herself without that crucial evidence? Now, it's true under current legal standards, there are significant pro protections for law enforcement officers whose actions,
evidence, and objective belief that the use of force is reasonably necessary to protect against imminent risk of harm. But are we kidding ourselves that our officers are not at risk of one day being railroaded by a justice system that sometimes shows it's sus
susceptible to manipulation by the prevailing political winds of the time? What happens when the shoe is on the other foot? Look, I realize that this year's budget process is complete. I've also been following the development and passage of that budget, and I appreciate the
extremely hard choices that you all have had to make. Over the coming meetings, over the coming months, I hope to make the case to this body for why this funding for BCSO has to be prioritized, even if it requires resorting to extraordinary measures to raise the
money to do so. I know money is tight, but this should not be a barrier to ensuring that our law enforcement officers are appropriately outfitted to serve and protect. Let's not wait to take action until some incident inevitably arises where someone
gets unfairly maligned and potentially unjustifiably prosecuted, whether it be an officer or a citizen. Thank you for your time tonight. >> Thank you, sir. Okay, commissioners, we'll move into
board report. Um TAD and board report, sir. >> Uh no report, Mr. Chair. >> Mr. County Attorney. >> No report, sir. >> Okay. Commissioner Delaney, board report. >> No report. >> Okay. Uh, Commissioner Goodson, sir. Commissioner Atinson,
>> report. >> And, um, I don't have anything. We'll see you on the 14th at the commission meeting. Right. Okay. Very good. Thank you, everyone. >> The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the
views or opinions of the board of county commissioners of Bvard County, Florida. Space Coast Government Television or the program sponsor and are solely those of the presenter, the board of county commissioners of Bvard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim any and all responsibility or
liability for any defamatory or slanderous statements expressed by any member of the public during any such period. [Music] [Music] [Music]
Bye. Bye. [Music]