Heat. Heat. Heat. Heat. Okay. And if everyone will please stand for the pledge of the flag. Uh Mr. John, would you lead us 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. >> Okay. This is the planning and zoning board planning agency. It's an advisory board which makes recommendations to the county commissioners who will make the
final decision on these items. Items H2, H4, H7, and H10 are LPA items. Items on today's agenda will be heard by the county commission on August 6th, 2026 at 5:00 p.m.
When a motion ends in any kind of a split vote, a roll call vote may be taken to ensure accuracy. As a reminder, each member who makes a motion or a second needs to turn their microphone on so that your voice is on the record. Speakers for public comments on agenda
items will be given two minutes. Please spell your last name for the record. At this time, if any board member has had any exparte communication regarding any application, please disclose so now.
Um, so I I on item H9, I have had some discussion, but I also do business on an abuing property. So, I'm going to uh uh recuse on that one if if that's all right. There's some controversy.
>> Well, what's the basis of the work that you do for the neighboring property? >> Uh I own cattle on the property and I lease it. >> I'm not entirely sure that might raise to the level of having to recuse yourself. Uh but by the time we get to
item H9, I'll have an answer for you. >> Okay. >> Thank you. >> Thanks. Appreciate the heads up. >> Thank you, Jared. All right, I need a motion approval of the PNZ minutes from June 15, 2026. >> Motion to approve. >> Second.
>> A motion by Neil, a second by Erica. All those in favor say I. >> I. >> Any opposed? >> That pass unanimously. Item H1. >> Item H1. Patricia and James Kent request a change of zoning classification from
GU to AU. Application is 25Z000045 located in district 1. >> Is the applicant here? Sir, if you could come on up to the podium and you can adjust your mic
there, state your name and spell your last name for the record. >> My name is James Kent, Ke N. >> And your address >> is 5090 Pine Street, Cocoa, Florida 32927.
>> All right. And a little bit about what you're wanting to do, Mr. Kent. >> Well, we want to improve the property. I'm not sure why the property was ever zoned Gu to begin with. But we just simply are requesting a change from GU to AU.
>> All right. While you're right there, Mr. Kent, is anyone in the audience want to speak for or against this item? >> I'm going to close it for public comment. I'll bring it back to the board. Do we have any questions for the applicant? >> Yeah. Can I ask a question real quick? What type of improvements are you
looking to do on the property? >> Namely, a swimming pool. >> Okay. I have a question for staff. >> Yes, Ruth. >> Um, for the AU, isn't it supposed to be 2.5 acres and this is 2.22? Will he still need a variance for that?
>> I was impression we were already granted that variance. >> The AU requires 2.5 acres. GE requires five acres today. He received a variance in November 19th, 2025 under 25Z 00070.
A variance uh to permit uh 222 acres from the required 2 and a half acres. >> Thank you. >> Make a motion to approve. >> Second. >> Item H1. I've got a motion by Ruth, a second by Neil. All those in favor say
I. I. >> Any opposed? That pass unanimously. >> Thank you. >> Good luck with the county commissioners. >> This is a LPA item. Item H2.
>> Item H2. Cocoa Town Center LLC requests a small scale comprehensive plan amendment to change the future land use designation from CC to res 15. Application is 26 SS0000003
and is located in district 2. >> Is the applicant here? >> Mr. Chair. >> Yes, ma'am. >> We're going to read in H3 also. It's a companion application. So, Coco Coco Town Center LLC requests a change of
zoning classification from BU1 to RU215 under application 26Z 000 1 Z located in district 2. >> And sir, if you could state your name and address and spell your last name for the record.
>> David Bassford. Uh, applicant representative. Uh, address 1250 West Galli Boulevard. U sweet H. Uh, BA SS F O RD. >> Okay. A little bit about what you're wanting to do, Mr. David. >> Um, so the subject property is located
at the northwest corner of Lake Drive and Cox Road. Uh, it's immediately north of State Road 520 uh there at the Cox Road intersection. Uh, it's sat banket uh other than having been used as a borrow pit uh once upon a time that uh at least partially shares storm water
capabilities with the county. Um, since it's been vacant for so long, uh, one of the things that we'd like to do is get a resoning and make it multif family. I'll save the long-winded version in case y'all got questions. Well, while you're right here, I'm going to take this out to the audience. Anyone
in the audience want to speak for or against this item, item H2 or H3? Then I'm going to close those items for public comment. Seeing that, I bring it back to the board. We got any questions for the applicant?
>> Is that the Is that the piece that's west of what we call road and bridge? The county's road and bridge just west is it? >> Uh the maintenance facility. Yes, sir. >> Yeah. >> Yeah. >> Yeah. Isn't there another piece missing
between there between this piece and what the county owns? >> Not that I'm aware of, or at least that was listed on the survey. Uh there's three or four parcels uh to the west. Yeah. >> There's a real small sliver that goes out to uh Cox Road.
>> Yeah. How how deep did you you go north to the that garage center, don't you? >> Yes, sir. >> Okay, I'm good. [clears throat] >> Mr. Chairman. >> Yes, sir. Mr. John, >> um, how are you going to handle the
traffic going east from that unit, that development there? I've always had a problem when I was visiting the maintenance facility because you can't get out onto 520 very easily.
>> Oh, sorry. >> I thought you were done. Didn't want to cut you. >> Um, so we we've had a traffic study done. Um, at the moment, uh, a turn lane's not warranted, but obviously we've still got to work through that, uh, with city staff or sorry, county
staff. Apologies, wrong meeting. Um, but we are going to have to pipe a portion of that ditch. Um, but and that would help facilitate if we needed an additional, but it would all come out uh, right there onto um, uh, the road to
the south that I'm drawing a blank on the name. Uh, and they would go east. Uh, first >> talking about Lake Drive. Yes, sir. >> Okay. But you can't make a left from Lake Drive onto 520. >> That's correct. >> So, you've got to come back further east. >> How are your residents going to be able to maneuver?
>> They will not. It'll all go on to Lake Drive. >> So, they can't go that way. Nobody's got a job east of uh >> No, no. What I mean is there's no direct access to 520. >> Okay. >> That they would come back to that other intersection and and enter there. >> Uh you mean get over to Cox Road?
>> No. No. uh that is uh blocked off because of the borrow pit, the way that that was constructed. The only thing that'll be there is uh a little bit of pedestrian amenities. Sorry, not pedestrian, but um open space amenities. >> So, how are your residents going to
maneuver? >> They will go further east and then come out at that intersection. I don't remember the name of that one off the top of my head. >> Go further east. >> Yes, sir. On Lake Drive >> and then come out to 520. >> Oh, okay. Is that Bernett? Yeah, Bernett.
>> Yeah, I think it is. >> Yeah, North Bernett Road. Okay, that's a trip. Um there's no way they can get out onto Cox Road. >> No, no, it's unsafe there at that intersection or or where 520 begins to kind of curve up to the north.
>> Okay. All right. Next question. Um you have a lot of wetlands there. >> Um surface waters. Yes. Wetlands. Wetlands not that have been identified. >> Okay. >> But surface waters, yes, for sure. >> Yeah. Okay. Well, >> you're thinking that just pits from the burrow pit.
>> Exactly. Right. >> Okay. >> And and while we uh anything that is immediately adjacent to the county uh in our uh concept plan and preliminary engineering, u we're leaving all of that as is. And then anything else is
essentially cup for cup. So, if we're filling something uh to to make a road or something that we're excavating in the portions that are still uh dry, they're to the northwest. >> Okay. But you're not going to affect your neighbors. >> No, sir. >> Okay. Because you whatever water you have on that site, you have to keep on
that site. >> Exactly. >> Okay. >> Um Okay. It seems to be more of a business zone than residential. So, you're sticking an apartment project between businesses essentially. >> Yes. And no. >> Which is not a bad idea. I mean, >> well, there there are other uh very
similar zonings right there within that same area. Um I think it's within 1,000 ft, sometimes less. Okay. >> But it's a nice transitional piece. It It's just not feasible from a uh commercial standpoint, as you've already
mentioned. Um from a traffic standpoint, it it's not going to be used for that. So, uh we believe that this is uh something that's nice there for the community, help actually uh encourage some of the commercial. >> Okay. All right. Thank [clears throat] you, Mr. Chairman.
>> Any other questions for the applicant? Are we going to hand Lisa's one motion for both? >> No, we'll do H2 first. >> I'll move approval H2. >> Second. >> On item H2, LPA item. We got a motion by Neil, a second by Erica. All those in
favor say I. >> I. >> Any opposed? >> That pass unanimously. I will need now I'll need another motion for H3. I will also mo move H3 for approval >> and I will second it. >> Item H3, you got a motion by Neil, a
second by Erica. All those in favor say I. I. >> Any opposed? And that passed unanimously. Okay. LP item H4. >> Yes. Item H4 and H5 are companion. Item
H4. Sammy and Violet S Lib request for smallcale comprehensive plan amendment to change the future land use designation from NC to res 2 and res 2 to CC
application is 26 SS 00005 it's located in district 1 and application [clears throat] item H5 Sammy and Violet Salib request changes the zoning classification from
AU to BU1 and it's uh applications 26 26 Z 000015 is also located in district 1. >> Okay. Is the applicant here? >> Sir, if you could state your name and
spell your last name and your address for the record. >> Carmine Ferraro. F E R R A R O 4265 Couture Road, Cocoa, Florida 32927. >> All right. And a little bit about what
you're wanting to do. >> Sure. So, we are seeking a recommendation uh of approval for a future land use change on two reference parcels. The front parcel along US Highway 1504 and the adjoining parcel
directly to the east track 518. As noted, the current flu for 504 which fronts US Highway 1 is currently NC neighborhood commercial with the adjoining track to the east 518 residential 2. The property to the
immediate south has a Dollar General with a CC community commercial flu designation. Additionally, the tracks along the west corridor of US Highway One across the street are a mixture of CC and NC. Two of the four corners at
the intersection are CC, including a 10-unit motel directly across from this property that we are seeking the approval. The zoning category we're seeking to match up with this flu designation of CC is BU1. We've targeted
this uh because our integative target use for the hard corner is a gas station with a convenience store. And then we would like to also have some retail service uh type property, a small retail service type establishment that would be
able to benefit the community. That's basically it. Okay. Sir, while you're right there, is anyone in the audience want to speak >> Yeah. >> for or against this item? It's going to be item H4. Sir, if you could just grab a seat real
quick. >> If you could just grab a seat real quick. this property in Mims. >> The Mims, >> correct? >> Y. I'm in favor. I want him to do it. This is America. I want him to be able to do anything he can. I own the motel. >> Sir, hold on. Stop one second.
>> Let's get excited, though. Come on up. Say your name and address for the record and spell your last name. >> My name is Donald Clark, CL A RK. I own uh Sandman Motel, 3810 US Highway 1 in Mims, Florida, uh 32754. [snorts] I own two other properties
right there next to it and I am in favor of this man doing anything he can in America. I grew up in a free country. I don't understand some of the stuff that's going on. I've read my constitution and I understand it completely. And I'm really I feel backed in a corner right now. My neighbors giving me more than I've ever had
anybody give me in my life. And I don't want to blow, but I'm telling you I want this man to have his business. >> All right. Thank you, sir. Anyone else want to speak for against this item? All right, I'm gonna Oh,
hold on. Mr. Kirk, you gonna have to state your name and address for the record. No, no, no. Come on up to the podium, please. State your name. Spell your last name and your address for the record. >> James Kersner, 3630 Lionyl Road. K E R S
H N E R. >> Okay. I'm not totally against the the US1 frontage being left as it is, but the portion to the east that butts up to a new neighbor of mine
that just bought the property, did a lot of work, getting ready to build a house on it. My daughter is right next door to him at 3650 and behind her is my other daughter and both have
gr my grandsons. Behind her and I've been at 3630 L Road for 22 years. I grew up at 3620. We have Pinewood Elementary School right across the street.
And having trucks coming in and out of that entrance where all the schools are, all the school kids are with the public library, I just don't think is a very good idea. They put businesses there. They need to get with DOT and have them
put some access in off of US1 by putting a turn lane in and access but not turning on L Road where you have so many kids. I'd rather have be residential so my grandsons have kids to play with, you know, and not have businesses and semis
coming in doing drop off loads and you're talking about gas stations >> just [clears throat] contaminating the ground that they're going to be playing in. So, I'm against the east portion being changed. Just leave it alone. Leave it residential.
>> Okay. Thank you, sir. Anyone else want to speak for against this item? >> Throw another comment out there. >> No, sir. I You already had your shot. Sorry, though. >> Uh, sir, you had your hand up first. If you could come up and then I'll get to you. Yes, sir.
>> We know the drill now. Hopefully. State your name. Spell your last name and address for the record. My name is William Gondridge, spelled G O N E D R I D G E. I own the property at
3660 L Road directly next to the property in question. I adamantly do not want that property changed from AU to BU1. All right, that means I got to look at the back of some commercial building
that I don't want to look at. I bought that property property specifically so I wouldn't have to look at a commercial business. I didn't buy it to look at back of a tire store or gas station or whatever. It depreciates the value of my
property. I want to live at that home. I want to make it my home. But I don't want to live behind a gas station or whatever they propose. People in that area bought that property for a specific reason. They like country rural living.
That's why they bought property there. And to take that to take that away from someone is wrong. That property that's zoned AU, that's somebody else's dream. They're taking away my dream if they build a commercial building there. And I got to look at old tires, gas stations,
or whatever. I don't care what they put there. Don't let them do it. That property is for the community, the citizenry of Bvard County. We bought that property because we like that kind of living out there. We like rule living. And to take that away from me or
anybody else is wrong. And that's my opinion, sir. >> All right. >> All right. >> Thank you, sir. >> Sorry if I felt a little adamant, but little pumped. >> That's okay. >> All right, >> sir. If you'd like come up, state your name, spell your last name and address
for the record. >> My name is James Baron. B A R G E R O N. I live at 4865 Meadow Green Road in Mims. Now, what I can say to that is if this man paid the money to buy it, he ought be allowed to do what he wants to
with it. And if you have a problem with what he is doing with his property, maybe you should have bought a bigger piece of property. Maybe the people that don't want it there should have pulled their money and bought the property. But instead, we have a man that spent his
money to buy a piece of property that now they want to tell him is useless. I don't think that's right. That don't sit right with me. >> Okay. All right. Thank you, sir. Ma'am, come on up. And if you'd state your name, spell your
last name and address for the record. >> Angie Banks. Ban KS. I live on 3701 Dunlap Road. It is parallel to Lionel Road. So, our property, our backyard is basically their property.
So, I'm not studied at zoning or what have you. I just have some things um as far as my neighbors are concerned and myself. Um,
most people move to Mims because they want that small town way of life. They want to retire. They want to raise their babies. They want the rural area that it provides. Um, I agree. They bought the
property. Um, profit and progress can still be made without changing the zoning to commercial. Um it changes the atmosphere. Um bigger than that, the environmental effect. Um our street, we
are all on wells. Putting a gas station in brings a whole other side to it. I realize um changes have been made through the EPA throughout the years to prevent contamination, but once an
insult or an injury has already been made to groundwater, it's harder to rectify that. So essentially, we're going to wake up with a gas station in our backyard,
including all of our neighbors. Um, I don't know if I know other uh permits have to be made to put a gas station in because I believe there's so many feet that the pumps have to be from a well. But again, all of our neighbors, our
entire street, we're all on wells. We're not city water. Um that along with just the added people and um what am I trying to say? I
had it all thought out before. Um >> but the biggest concern is again the contamination of a gas station being put there. Um and it's two different things. It's the fact that
>> Okay. Well, thank you, ma'am. >> Yes. >> Anyone else want to speak for against this item? >> The baby. >> Yes, ma'am. If you could come up to the podium, please. I got to hold the
lawyer. >> And if you could state your name, spell your last name and address for the record. >> Yes. My name is Brooke Moore. M O O R E. I live at the address 3640 LL Road, which is within 500 ft of this property. Um, essentially two Bills Lot who
already came up and talked and right next to that. Um, I've lived online all my whole entire life as well as my dad. I've grown up here and I've loved living here. Um, for the simple fact that it is rural, it is a safe place for as I was a kid to be. And I feel like that is
obviously going to be changing now, especially if a jet gas station goes in. Um, I have my son here today. We walk every single day. And during school, it is chaotic already with the school being there and with the Dollar General, there is a ton of traffic. I also am on a
well. I have a huge concern with putting a gas station right next to where my well is where me and my son and my family that's how we get our drinking water. Um I don't know what the plan is for that. I have also heard that people can't even build houses right now
because of the whole septic issue. So I'm super concerned since this is is so close to the Indian River Lagoon. What is that going to be for the aspect of it? Um, since the Dollar General has been there, um, the cops are there quite often. There is people always walking in
and out. I was in there the other day and someone was shoplifting. So, already living where I've chosen to live and I've lived my whole entire life because this comfort and I have family and my sisters in front of me, my dad's next to me. Um, there's already a little bit of crime that's already happening. So, once
you put a gas station and another retail business, what is that going to do? Am I going to be able to walk my son every day? Am I going to be able to walk him across the street to school and feel safe? I just don't feel like, you know, the people who live here, what is my safety going to be like at
this point? Especially with gas stations. Crime happen at gas stations all the time. And again, the drinking water. I'm super concerned with my well being right here in the drinking water. And I do also want to add one thing on that next streak on Dunlap and Montgomery. There's already flooding all
along US1. We already have a lot of flooding already. So I am super concerned with that as well. So that's it. >> Okay. >> Thank you. >> Anyone else want to speak for or against this item? I'm going to close it for public comment
one more time. Anybody? Okay. I'm closing it for public comment on item H4 and H5. Sir, if you could come back up to the podium. So, can I have a rebuttal? >> Yes, you have time. We'll do that.
>> Thank you. First, let me say um everything that all the residents say is taken straight to heart. Right. If I lived in that community, I would be saying the same thing. I have concerns. Anytime commercial development comes
into a residential area, there should be concerns. However, couple of things I do want to point out just to sort of balance the record a little bit. This is a seven acre site. The gas station is a targeted use for the corner, but there is no sales
contract for a gas station at this time. The intended use is any approved use within BU1. So, it could end up being a restaurant. It can end up being a retail building. It can end up being anything that would be part of a BU1 zoning if we
get that use. When the eastern residents say that they are directly next to the property, they are stating absolutely next to the property. But it's 7 acres and there is from the corner 1 acre some 600 ft of
distance between the property line to the east. So it's not directly adjacent. However, let me say this. Because we anticipated that the residents of Mims would have concerns, the owner has already agreed
with staff's suggestion of presenting a binding development plan. within that binding development plan, we are willing to go ahead and offer a 15- ft vegetative buffer along the north side of the property, the entire north uh
boundary along with if it's permitted by Bvard County and the authorities having jurisdiction to approve a site plan, we will put our pond on that east side as well, creating even a further buffer. >> Correct. Our [clears throat] intention
is to use the hard corner. That's the main intention. It's commercial in its nature. That is a four uh you know full intersection that is commercial in nature. It eventually will continue develop commercially in nature because
that's the way the future land use map shows it. It's already neighborhood commercial and community commercial. Let me address two other other really quick points. Traffic. It's a it's a concern. It's always a concern for any kind of commercial activity. We will of course
do a traffic study. We will of course do any of the improvements that are required of us to make that a safe an intersection as it possibly could be. Typically, when development comes in, >> development enhances the safety of an intersection because they will spend
hundreds of thousands of dollars to do whatever they need to do to that intersection to make it safer. So, that will be part of the process. as we go through. And then finally on environment, again it I've done this 20 30 times representing different gas station
potentials that are out there. Environment is is always a concern. However, in this day and age that we live in, underground tanks are safer than they've ever been. There are redundancy after redundancy in terms of what type of impact that may have. We
would also be willing to do a study and provide that a gas station is not going to create any kind of environmental impact to the water table or anything such as long as it is built according to state regulations. There will not be any of that. So with all that said, could
there be a gas station there? >> Yeah, it's the intention of the owner to do that. Could it be something else? I want to make it very crystal clear that we would also be willing to offer right now today any restricted uses this board does not feel are consistent with the
local commercial area in that and we'll we'll cross them off the list. We just want to make sure we can bring local type businesses, florist, CPA, um small food establishments, anything that would benefit the local community
and hopefully a gas station on the corner. All right, >> Mr. Chairman, >> I have >> seeing that. Hold on, Miss Ruth. He He jumped ahead of you. >> Go ahead, John. >> Okay. Is this property for sale?
>> It is currently for sale. So, the intention is the gentleman that owns it uh is intending to sell it and the people that have contacted us are gas station developers, but there is no contract on the property at this time. >> Okay. So they're doing it on their own
valition prior to any agreement >> because they've had the property for 40 years and haven't done anything with it. >> Um >> you had mentioned so so really it's up in the air what they want to do there. I mean what they expect to be done there
which it's kind of nebulous for me to go ahead with this because I don't know what the final outcome will be. You can BDP this thing to death, but I don't believe that it'll be specific to what actually goes in here. You may be dealing with a uh a gas station right
now, but they may come out and say, "No, we're not going to do it." So, somebody else will come in and they want to do a I don't know what can you do in Mim >> 21 homes according to >> homes. There's better uses for this than than what you're trying under a BU1. Um
you could also do Can you do What is it now? It's uh it's a res too. Okay. With the thing I was thinking about live local also. I'm not real happy with with what you guys want to do. And um I I
don't think it's justifiable to just say let's make it business and so we can sell it. It just get a deal and then then do it. That would be >> Can I Can I answer that? Yeah. And and that's a valid question. A very valid question.
um in order to get the highest and best used price for the property. Uh I'm I'm a commercial real estate broker. So I've had a license for for 40 plus years and I am a consultant with owners of commercial property. That's what I do 100% of my day. In order to get the
highest price for that property, it will be given to an entitled property. If someone buys an unentitled property, they will deeply discount it for the very reason they're not sure they're going to get the entitlement. This particular owner and his family, they
have health issues. They are nearing the end of their life on this earth and they're trying to close out what they have to give onto their children. When they sat down with me and they asked me, "What is your recommendation?" I said, "Entitle it. Entitle it." Now you work
that out and then you continue to leave it on the market and you will get the highest and best price so you can pass this this on to your children. So we have all of the uses here and if you wanted to cross any of them off this
binding development plan that we enter into is binding. It cannot be cannot be changed and it will only be those uses in that binding development plan. Um, I I disagree with binding development plans, period, because they aren't binding. Um, Ron handles all that for
us. Um, I'm done. >> Paul, is a binding development plan breakable? >> Yes. >> Oh, yeah. >> You have to go back through the uh county commission and have it removed. >> Okay. I wasn't aware of that, but to to
the developer, it's binding. >> I got that. >> Roose got it. Yeah, that's >> um I have a quick question for staff first. If this zoning is approved, um and there is a binding development plan, that doesn't stop it from live local and
far, right? Like the 211 homes that could go on it if it's reszoned to this or dwelling units, pardon me. >> Correct. Because that's [clears throat] a state >> requirement. So reszoning this no matter what the BDP is
>> will allow for 211 units to go on 7 acres. >> Correct. We cannot restrict or limit >> okay >> the live local act. I think if the >> right
>> I'm not done yet. >> One second. >> Okay. So council has just let me know that if the property owner is willing to include that in the BDP that they will not do live local on the property then that would be >> is that legal legally binding though cuz
>> that that would be legally binding. It would be voluntary for the owner to do so. But if he sold the property, would that transfer to the next owner to prevent that? Because half of that back property is aquafer. North Bard Mims and already we all know has a water
shortage, has a water issue dramatically. >> Um the BDP land until it's changed. >> Do what? It it's run it it runs with the land until someone comes back to either
remove it or amend it or use it how it is. >> Okay. Um I don't know. I I tend to agree with with John. I'm not really sure we need a gas station and I don't really think we need to open ourselves up to an under 211 homes as a possibility even
with the BDP. We've seen numerous ones of those come back to be changed just after a couple years. Um, I don't think this is something I could support, >> Miss Erica. >> Thank you. All right. So, yes, and I certainly understand you want to get the
most amount for your money. Everybody does. But the thing is is that the man owns it and it's zoned as it is and it has b been zoned this way for many many years. So now all of a sudden we want to sell, we want to reszone. And the only
thing that I'm look I don't like the entrance where you know I'm looking at where how the entrance comes in in the school. I'm concerned about that. The other thing is staff has pointed out the proposed request may be considered an intrusion
into the residential area as a request exceeds the depth of the current commercial flu designations within the area. So, I mean, I don't know. This is this is a tough one to just say, "Oh, let's let's change it, you know, before we sell it."
>> Can I respond to that? >> Sure. >> It's future land use is neighborhood commercial on the front. It's already neighborhood commercial. You have an agricultural zoning with a future land use of neighborhood
commercial. It's not consistent. It's got to go one way or the other. It's either got go back to residential, right? Or it's got to go forward to commercial. The area is strongly growing commercially >> only on one piece, right? So
>> on that front piece. Yes. >> Yes. Only on that one piece. So we can't say the whole thing is [clears throat] >> So can I also offer if if this board's recommendation is supportive of the front piece and you don't want to include the back piece,
we'd be open to that. We could always bring the back piece back at a later date. Uh so we would be open to can we do that? Can we amend they were just was zoned for commercial for the front piece. >> You have to change application.
>> We can't just part of it. >> That's the 2.5 acres >> zoned neighborhood uh residential uh excuse me zoned agricultural with a neighborhood commercial. You didn't advertise.
>> I got them talking. >> Yeah, you didn't advertise that way. >> Well, while they're discussing that, may I put my two cents in, Mr. Mark? Because I live up there. Um, I don't think that it's unfounded that
the residents to the especially to the east of the property because that's the way that the water flows are concerned with the gas station because we've all seen during a rainstorm the rainbow, you know, water headed toward a ditch that is eventually going to make it into
the groundwater of these folks homes. So, that is um that's a concern. They don't have a choice to uh use municipal water supply on that road. Everybody's on a well. That whole area is on well I think actually is it Lionel? You probably know. Is it Lionel that is the
cutoff? So anybody directly east of this and there are dozens of homes um have the potential to be affected by that. That being said also and I do I do respect people's property rights uh a
lot but they you know they did buy a piece of property that had a certain limitations and uh that's what they own. Um there are people out there that would love to buy a piece of property that they could put a horse on or a couple of cows or do a small farmstead or something like that.
So I don't think that it's an unmarketable piece of property in its current zoning form either. Uh, would it be worth more money commercial? Probably, but also to the detriment of the surrounding neighborhood. That's
just my two cents. >> Okay. Staff, were you going to say something to your inquiry? We're thinking that if he does just want to do the front piece, it would be cleaner for him to come back with a new application and
with the legal description of that piece itself. Um, possibly even splitting that out from the other. So, it would be just nice and clean and we would have a the proper legal description of where we're applying it
to. Yes, sir. Neil, >> that being the case, would it be best for us to deny this request and have them come back or table it? Um, I would be interested. >> Procedural would probably cleaner to
deny it if that's the decision of the board. >> Thank you. Can I make one final comment before you guys go back to that? So, since this owner um wants this to go forward this way, then I would like you to vote on it as a
whole today and then we're going to take it to the county commission cuz he's paid, he's waited, he's waited now almost uh 120 days and guys, 120 days of this man are precious right now. And um we're going to go forward. So, if that's
not an option, let's just go with uh whatever this board determines as a recommendation and then we'll go before the county commission. >> All right. I got one >> question. >> Where does the uh That's County water, isn't it?
That's to the west. >> It's all >> in their water line to the west. >> South, Henry. >> Oh, is it south? >> Yeah. There's nothing north of Lionel. >> Okay. So it's 46 then >> is it there at 46
>> the uh the plant? >> No the the line >> lion lion >> lional >> which is the southern >> I lion. Yeah >> it does state >> how far how far a pool is that? I'm not quite sure how far it is, but it does
state in the staff report that um the subject property is within access for centralized water and sewer services provided by Bvard County. >> Okay. >> So, they would be able to connect. >> Okay. >> I would >> Well, that solves one of the problem
>> I have. >> Hold on one second, Miss Ruth. >> It was to Mr. H. >> I got Eric ahead of you. I'm sorry. >> Thank you. I want to ask you a question before um I ask my other question. Is the buyer I understand a gas station
developer? >> The the buyer that has shown an interest in the property is a broker representing a major gas station developer. >> Okay. So my question is then, do I uh
assume that you would not be willing or the buyer would not be willing to restrict that if you obtained the zoning for a gas station? >> Well, the owner of the property right now is the owner of the property. I represent him. I met with him before
this meeting on Friday and he gave me the authority to negotiate what I've just said before you that we are willing to restrict any uses within BU1 that we you want to discuss you feel might not be consistent
>> including a gas station. >> I don't know if he wants to give up the the corner for a gas station. Um >> Okay. >> No, he won't do that. Okay, [clears throat] >> Miss Ruth
>> to um what Mr. Manibu was asking about um how close it was to hook up to water. Um it's not just how close he is to hook up to water. Um and maybe I don't see anybody, but maybe I don't recognize them from the utility department. I've seen numerous development builds from uh
North Boulevard area specifically um East Mims and other locations where the utility has to push back and say we don't have capacity at this time that you're going to have to contribute or wait it out until we have capacity. um as residents who have lots of
residents who have complained about water pressure um and the plant has been under maintenance for approximately and please don't hold me to this number but it's probably pretty close 5 years 3 to 5 years um we don't they the fire department doesn't even use the fire
hydrants to put out fires in our area so it's not how close you are to a hookups doesn't really have the capacity for large hookups until they can expand their plant, which we've been told is is
quite a few years out still. So, it's not just how close it is, it's capacity. And that MEMS plant, to my knowledge, has never functioned at full capacity and is currently at half capacity and has been for forever. I don't think it's ever functioned fully.
And >> can I respond to that? >> Yes. One second. Wait till she's done, please, sir. >> Okay. So I just I just want to it's not just how close you are, it's capacity and I don't know if there's anybody from utility that can speak to that but I have seen where the utility is pushing them off and they will they have to
develop in stages and when capacity comes available not becau it's not readily available >> okay yes you could respond >> so I just again just to kind of bring it back to center uh this is a recommendation panel to look at her
future land use right and >> correct the consistency, the compatibility with the area. Looking at staff's report, there is a secondary process that will get addressed with Miss Amato's concerns and that's a technical site plan. You can approve
this. the county can go ahead and change the zoning and there could maybe there's no development there because there is a fairly stringent process that a developer must go through and he must check off 20 to 30 boxes with multiple authorities having jurisdiction in order
to be able to build something. So it's not like oh you approve it tomorrow and it's going to get built. it very well may turn around that it's not buildable for what they want to do and that's a risk that the owner is willing to take. But I don't know if that should technically be something to look at in
terms of your deliberation whether or not there's capacity for water or sewer. >> Nope. I copy. >> Any other questions from the board? >> Uh Mr. Chairman, uh there was a comment
made that uh septic is available out there. Uh I do would strongly dispute that. I think the septic is about several miles to the south. >> Septic or sewer? >> Sewer, you mean? Right. >> Sewer. >> Sewer. Yeah, septic. Yeah. Yeah. Sewer. >> Right. [snorts]
>> We actually get a report from uh the utilities department. They add in their comments into our staff comments. And if you look on page three, that paragraph is directly from the utilities department. They do note that the MEMS's
water plant has capacity as of March 2026. Um, based on actual connections is 42%. The MEMS's wastewater plant capacity as of March 2026 based on actual connections is at 49%.
And so they're stating here that they do have availability for this property to connect. >> So just let me >> what's the distance? What's the distance from this to their nearest connection point for the sewer? I think it's quite a ways south.
>> Yeah. I don't have that in in front of me >> like so trying to make a sewer connection >> uh would probably be millions of dollars. >> Yeah. And and again that would be at site plan. >> Yeah.
>> As well. So they'd have to make that determination. >> And the other thing is the water line does end at vinyl. People in the south have water. People to north are on wells. So that decision was made. I don't know
why we'd want to change that decision. Otherwise, we really ought to be offering all of those residents access to the county water system. >> That was what that was my concern is not if this property would be able to hook
to a municipal water supply. was if a gas station goes in on that property, how it would affect some of the runoff, how it would affect the neighbors that are not hooked up. Uh, dozens of homes
to the east, which is the direction that that water flows to the river. So, that it wasn't so much this property and and would it be able to connect us, it was the downstream effects. So, um, it wasn't mine mine wasn't related to capacity.
>> So, can I can I uh address that that and that's a good point. Right. So, when a property's developed, regardless of whether it's a gas station or restaurant or not, a drainage plan would be part of a technical site plan. That drainage plan would have underground piping that
pumped any water that's on the site. It would either flow, sheet flow, or would go to a drain and that drain would go to a retention pond where that water would be treated and and go to an outflow and it could be a wet pond, it could be a dry pond, but there wouldn't be water
runoff just running off of property onto streets or anything like that because the county will not allow that. So, it has to have a self-contained storm drainage plan to meet the I believe it's the 100red-year storm event. So, it's it's a fairly complex plan and it also
has to be blessed by St. John's Water Management District. >> So, I I do understand that, but because I live there, I don't believe it because I see it. [laughter] >> And we've also had multiple hundred-year flood events in the last uh year. So,
you know, I mean, it it it takes one contamination to put forever chemicals in these people's groundwater. Um, so I I just don't I I can't support it. mainly because of that and also these you know these folks moved up to Mims to
this area um bought agricultural land that's surrounded by other agricultural land because nobody's found that spot yet and that's why they want to live there [snorts] and they just want to preserve that. I don't think it's compatible. And is it
across the street from Dollar General? Yes. I I also don't think that's compatible. these people didn't ask for crime at their doorstep and that's what that brings. Not to say that the gas station would, but that has happened. [snorts] So anyway, those those are the reasons.
[laughter] Mark, >> you know, I'd like to I'd like to add to that, too, is when you have a pouring rain, [snorts] uh, that's not controlled. That runs all over the place, runs on the streets, runs on the next door, uh, properties
with all the tire marks from the gas station, the spilled oil, [snorts] the spilled gas that people do, the garbage that they'll throw out. Not everybody's great putting it in trash cans. So, I've seen the impacts of gas stations. Can I make a motion when everybody's
done? >> One second. We're >> still in discussion. >> Sorry, >> Mr. John. >> Yeah, I I don't like the speculative nature of this as a developer that I am. Um, if I'm interested in a property, I I
have the money to change the zoning and the land use to make it work for me. Um, I don't usually rely on land owners to do it because they don't have the experience that developers have and this is just too
speculative and I would make a motion to deny. >> I'll second. >> We were still in discussion. I had Ruth on hold. >> She wants to do the same thing. >> I don't
>> just Are you good? I'm waiting for just I was just waiting for discussion to be over. That's all. I'm good. >> One second. Mr. Neil, >> I just want to clarify if a motion's made, we need to do four and five separately. So, need to clarify. Okay, >> Ruth. >> Does John want to make the motion and
I'll second or I can make it. I don't care. >> I made the motion to >> I think we had a second by Eric, didn't we? >> Correct. So, we got a motion by John, a second by Eric for item H
four. All those in favor say I. >> I. >> All those who deny. >> Say I. >> I. >> The motion is the motion. >> The motion was to deny. >> I said in favor. >> Yeah. And then you said then you said something else.
>> Okay. Let's redo it. You with [snorts] me, Seth? [laughter] >> The motion was to deny. The motion is to deny item H. >> Yeah, let's go ahead and redo it. >> Okay. My motion is to deny the application for the land use change. >> Item H4. >> H4.
>> The second was first by John, second by Eric. All those in favor to deny. >> I. >> Any opposed? >> That passed unanimously. >> To deny. >> And so H5 is denied as well. We have
that's just H4. >> I'll hang out for that. Go ahead. >> Okay. >> All right. I'll make a motion on H5 to deny also. >> Second. >> We have a motion on item H5 by John, a second by Ruth.
>> All those in favor to deny. >> I. >> Any opposed? >> Okay, that got denied. Good. Good luck with the commissioners. Item H6. >> Yes. Item H6. Anthony [clears throat]
FLA request changes zoning up classification from AU to RR1. Applications 26 Z0017. It's located in district 2. Also, the North Merit Island District vote voted
unanimously to change this. Approve it. >> Sir, it appears you're the applicant. >> Yes. My name is Anthony Palonga. Last name is spelled F as in Frank. A L A N G A. I'm currently residing at 4365 PA
Street, Cocoa, Florida 32927. um went in for a building permit, found out that the property is no longer, please excuse my ignorance, I don't know if it's uh the correct word, but no
longer um compatible because it's now 2 acres of property and it needs to be a minimum of two and a half to be agricultural. So, it was recommended by the board that I reszone the property to rural residential, which is conducive to the area. The property due north of me
is rural residential. >> All right, sir. While you're right there, is anyone in the audience want to speak for or against this item? >> Sir, if you could grab a seat real quick. >> Ma'am, you could come up.
>> And if you could state your name, spell your last name and address for the record. >> Yes. Hello, my name is Mary Hillberg. I live at um 3780 Sierra Drive in Merid Island. My last name is spelled H I L L B E R G
and I'm on the North Merid Island Special Advisory Board and we uh discussed this item and was unanimously vote voted to recommend approval. We think it's compatible with the area and it's in the uh interest of the entire
community. >> Okay. >> Thank you. >> Thank you, ma'am. Anybody else want to speak for or against this item? Then I'm going to close item H6 for any public comment. Sir, if you could come back up to the podium.
I bring it back to the board. We have any questions for the applicant. >> This is for a single home, correct? >> It's a twoacre parcel that's not conducive to the zoning any longer. and
the county um suggested that I change the zoning from agricultural to rural residential. >> Right. And then what is there going to be a house built on it? >> Um my plan was to build a home. Yes. >> Okay. And if you sell the property is
that's the idea is to put a house on it. >> Um I can't speak for somebody else, but that's Yeah, it it has to go to rural residential in order to get a building permit. Okay. That's interesting question.
>> Yes, sir. John, >> so your intent is to build a house yourself. >> Yes, sir. >> Okay. So, the compatibil compatibility issue came up when you went to the county to say, I want to put a house on this property. >> It's it's a long story. I'll tell you if
you want to know the whole story. >> Well, not too long. I mean, you know, >> um I've got a date. I I went to the county to get a building permit and when I got there they said that the property was not buildable. They said that the road that goes
through the property um has too many homes on it already. The road was actually an easement. And what happened was is over the years people kept putting more and more easements. And this dirt road has let's just say eight,
I can't remember exactly. um eight easements and they said they absolutely positively will not allow another building permit. So it was first suggested to me to put in a variance
and um we tried and then it was brought to my attention that there was kind of a informal change of policy with variances and then went back to the county and it was suggested that I [sighs] uh get the property
to code. So 2 acres is not code for um for agricultural and to change it to rural residential so I can at least have the property code. I have um the road
problem is still there and that's another battle for another day. But I do have that documentation here if you'd like a copy of it that basically shows [snorts] [clears throat] I own the house in front of the property. Unfortunately,
before I completed it, my life partner and my girlfriend um it's kind of emotional for me. She passed away from cancer. I moved into the home. I was there for about a year and I just it was too too difficult. Biggest mistake I ever made was I sold
that home. Shortly after that, I um wanted to come back. We had bought the surrounding property, me and my girlfriend, so we could basically kind of guarantee our profit
uh our privacy and um so I'm fortunate that I do have an adjacent piece of property that has another access. But like I said, that's another story, but I've got the paperwork here if you'd like to see it. >> So if we change the zoning on this, would
that affect the easement issue that you've got? That's another e. No, it's all. >> So why bother doing it if you can't get the easement in order to get on the property? >> I can't even go to the next step until I resone it. >> He still has access to his own property.
>> That's called a flag lot overload stem. >> That's what happened. >> Okay. >> You're only allowed so many >> units on on the stem and you guys overload. >> It was frustrating because we went all the way back to Microfish. The county staff was wonderful. Um, but then
>> a year later, a neighbor on the same road, okay, built a house, got a permit. I was told absolutely positively no. And yet, another building went up. I never made a big stink out of it because I
don't want to tell somebody they can't or can't do something on their own property. It ain't right. But I wish they would have given me that permit. So, if I understand it correctly, this zoning request has Oh, I'm sorry. >> Sorry, I'm still
>> understand. >> Yeah, I am too. >> Okay. Um, staff, what can he do? I mean, does he have to do the zoning change first before you resolve the flag lot issue?
Right now, he needs to have it reszoneed because it doesn't meet the size requirement for the AU. Then he can apply for an access easement after it's reszoned. >> So, he's not guaranteed that he can get that though, right? >> I can't guarantee it. >> No. >> He'll buy a helicopter.
>> Yeah. To get it approval for to go across somebody else's property and come in and apply for the access easement. >> But doesn't that give him an extra expense by having to do it that way? going, you know, from the zoning change first when he doesn't know he's g he's
not going to be able to get access. >> He can't approve an access to it because it does not meet the size requirements. >> No, I understand that. No, I understand. >> So, that's the reason he's here. >> Okay. No, I understand why he's here. Master expenses. >> I just want to see if if you can actually accommodate him uh on the
access issue. I mean, otherwise, you know, maybe he should say, "I can't do this." >> Administratively done after the resoning. >> Say that again. It's administratively redone after the re after the reszoning. >> So you will grant the easement? >> No, he has to come in and apply for it.
But I understand that. But will you? >> So in order for this gentleman to develop his property, it needs to be reszoned to RR1 because he doesn't have the size requirements for the zoning. Right. >> Got that. >> Under chapter under section 62102 that deals with access for single family
residential building permits. Right. So, this individual is going to have to go to his neighbors, secure access likely through an easement that meets our code requirements, and then he'd be able to get his building permit. So, either way, there's going to be costs, it sounds like, associated with this, whether he'd
be getting the easement from his neighbors, which potentially would cost him more because it's up to you guys and the board of county commissioners to grant him his zoning change, which is not guaranteed. >> So, either way, it sounds like there's going to be costs associated with development of this property.
That's fine. I I understand that. What he told us was that there's a a limit to how many easements there that y'all are going to grant on that area. So even if he does the zoning change,
he's not guaranteed that he'll be able to get access to that parcel. >> Well, he has to work with his neighbors to ensure that the area >> is it the neighbors that would help him or is it you guys? I don't understand. He needs to get he needs to get an easement from the neighboring properties in order to connect to the public right
ofway >> because he doesn't have front. >> But what when he said that they that they've exceeded the maximum number of easements available. >> It Let me stop you for a second. It's two different roads. >> The property the one road that goes to the property that's the access to it right now
>> it's done. >> Can't use that road is what you're saying. >> No. Well, no, but somebody did. >> Yeah, I'm sorry. >> Okay. [laughter] But no, when we built the home, we had sold a larger home uh further north on the
island to downsize for that to be our retirement home, the new home. And we had purchased the surrounding properties. So, I do have the property to access it. Okay? I don't have to go to my neighbors. So, I do have the property to access it. And that's why
the county suggested to reszone and to go in because with me owning the property, I don't have that step. Okay. >> So, you'll be granting your own easement essentially because you said you would you own the property
so I can get a building permit. Yes, sir. >> Okay. So, that means he can get access. >> All right. Thank you, >> Mr. Neil. Just to clarify, um, he still would have to ask for the easement, but
the neighbors that he's going to to get their buy in is himself. >> I I don't think I have to go to a neighbor. >> That's why I was asking staff. >> I I So >> because of what he's talking about now, that the access is going to to be
through properties that you already own. >> Does he have to get an easement still? >> I still have to get the easement, >> but he has to get it from him. It just depends on the circumstances of the property surrounding his property. Right now before you guys is a reszoning that deals with, you know, making it
compliant with our acreage requirements. >> I have a qu Sorry, somebody else. >> No, go ahead. >> I have a question for you, sir. >> So, the lot that you would use for your access is 65 acres. Sound right? >> It sounds about right. And then you own
another lot the same size just to the south of that. >> And I own two lots on the other side. I bought all the surrounding lots that were available around that home. >> So since since the one lot touches, why not just combine that to this one and have more than two and a half acres and
then you don't have to reszone it at all and go through all this? >> I went to the county. I think I have to Well, I don't know about that. I went to the county. Like I said, originally I was told I could do it with a variance. Mhm. >> And when it took about a year because it
was very difficult at that time to get a surveyor. It was in that boom area where just there was nobody available. When I finally got all the paperwork, went in and it was politely brought to my attention that um the variance there was
a internal policy that they most likely would not approve it. So then it was brought to my attention to just reszone it. Okay. and then use the property they had, put an easement over the top of it and I can get to the property. I would not like to start this procedure all
over again if I can help it. >> Mr. Chairman, can I make a motion? >> I think we need this for pretty >> I'm sorry. >> Can I make a motion? >> Yes, sir. >> I make a motion we approve the resoning. >> Second. >> Hold on. I already had a second. Who was
the other second? >> Okay. A motion by Robert, a second by Eric. All those in favor for item 86 say I. >> I. >> Any opposed? >> That pass unanimously. >> Thank you very much.
>> It's it's behind us. >> How many >> under the old flag lot? Uh is what was that number? Is that four or five? >> You can have two flag lots side by side back sides. So you can get a
>> I guess depending on how you configure it, but two side by side. And then there's another property to the south there that you can't get an easement over an easement which is that road. But since he owns the other two properties that abut >> um the main road there
>> cuz see so much of that was flag >> split up there. >> Mhm. >> His know I I know all about it. And that's >> okay. LPA item H7. >> Yes. Item H7 and H8 are companion items.
BT Roads LLC, Padet Properties Trust, request a smallcale comprehensive plan amendment to change the future land use designation from residential 6 to community commercial. application is 26s
00006. It's located in district 5 and applica and item [clears throat] number H8 BT roads LLC padet properties trust requests change of zoning classification from BU-1
A and AU to BU-2 and it's application is 26 Z 000020 and it's also located in district 5. >> Okay. And is the applicant here?
>> No, don't hand us anything. Oh, God. >> I don't mind this stuff because we have no time to study it. >> What's that? >> Possibly. >> Yeah. >> What is this? >> Good afternoon. My name is Kelly Del
Monaco. I am a planning consultant on behalf of the property owners and the applicants. Um, one second here. If I could get the projector up and running ink. Okay. I'm here today with um Jason
Bartlett and John Turner here in the front row with me. They are both with Building Management Systems or BMS. Um they have been in this community since the 80s, so for over 42 years now. They've been here on John Roads Boulevard.
Me pull up my notes real quick. So this request today, we're looking at two different things. It's a smallcale comprehensive plan amendment as well as a reszoning and it's split into two parcels. So the first parcel, get my
pencil right here, that's the north parcel, that's 1675 South John Roads. So it's a little under an acre. It's zoned BU1A and it's been the established home of BMF since 1984. um their success as a
local certified general contractor, design, build, and construction management company is resulting in them outgrowing this small property um that they've utilized for the last 42 years. Um if you can see the big long shadow on it, too, it also contains a monopole
tower. So, this aerial image is one with the eagle-eye view. So, we're looking at it a little at an angle. So you can see the north property that has the monopole on it. And then we're also looking at 1715 South John Roads Boulevard. Just to the south there, there's an existing single
family home on it. It has an AU agricultural zoning. So this property was purchased in 2025 by these same folks in hopes of supporting the expansion of BMS. Um, so they're looking to expand BMS and also maybe have a
couple extra units for different types of contractor or supporting uses that also support this community. Um, the primary objective of our request for a comp plan amendment and a reszone is to align the property's future land use with its longstanding functional use and
proposed future expansion. So currently BMS uses this property for their offices plus indoor and outdoor equipment and material storage and outdoor covered commercial vehicle storage all secured behind a gate and a fence. They actually take very good care of the property.
It's always super clean and put together as you can see from these aerials. What is strange about this is that current BU1A zoning on the north parcel with the monopole does not allow for contractor storage either indoor or outdoor. So, how we got here, we don't
know. It's been going on for over 40 years. Um, this amendment will facilitate a subsequent reszoning from BU1A on the north and AU on the south to BU2, um, which is retail, warehousing, and service business. The change will bring the existing contractor's office
and storage facility into zoning compliance and allow for the responsible future expansion of a local established business. Reszoning the south property away from AU will eliminate the potential for its use for agricultural pursuits, processing and sales, and the
raising and grazing of animals. Gosh, I'm getting good at this projector. It's always backwards and feels like a mirror. So again, the two requests we have here. So on the right hand side in the color, you'll see the future land use category. So we're looking at it's all res 6 right now. Res
6 and the BU1A is already a little weird. So we're looking at changing both of those properties into CC. And then from the zoning perspective, which is on the left side of your screen, we're looking at taking the BU1A and the AU
and converting it to BU2. um for the purpose of the contractor's office with indoor and outdoor storage. Now, we understand BU2 does have some compatibility issues potentially with surrounding neighborhood um residential uses. So the sheet that I passed out to
you today is we did a deep dive into the code and we looked at BU1A, BU1, BU2 and we went through and created this little exhibit cuz I mean there's lots of uses in BU2 we don't we don't want to touch and we wouldn't want to live near it
either. So things like seafood processing, recovered materials facility, bottling beverages and ice plants, flea markets, pet kennels, crematoriums and the like. that is not at all an interest um of the applicant and these property owners. So, we did
also come up with a list and what they're looking to hopefully accomplish here is yes, they want to set forth their future home and expansion for BMS that's been there for four decades, but they also want to have a couple units in there as well for similar contractor
type uses. So, we've come up with a list um that is a great conversation starter. So, they'd be looking for the uses that are allowed in BU1 with other additional uses. Um, you know, for example, dry cleaning, laundry pickup station. We
figured no one would get upset about that. Um, glass installation, plumbing and electrical testing laboratories, um, building materials supplies, um, under the uses permitted with conditions. You can't really tell it's in bold. It didn't show up very well,
but contractor's offices and storage yards, what they need. that's really what they need here for their business and then other things that might fit along with them. So the rationale for this amendment is looking at consistency with the neighborhood as well as economic
vitality. So the existing use has been established at that location and the res 6 designation doesn't reflect the historical or current commercial and industrial character of the site's operation. So this would help rectify that. Um, this would eliminate the split zoning between the newly acquired
property and the old property and it would also support a local industry that's been established and wants to continue growing on this John Road site. The subject property is situated in an area where single family and multifamily residential uses transition south into
commercial corridors along both John Roads as well as 192. Um, the corridor is a mix of unincorporated Bvard County, where we're at, as well as the city of West Melbourne. I have so many maps. I just wanted to bring up this county
map as well because right across the street to the west, you can kind of see the beginning of the multifamily development that starts here and goes all the way over to Coastal Lane. So there are a couple hundred um dwelling units there from the multif family
residential. Um and on the other side of that apartment complex actually recently constructed there's an industrial property in West Melbourne over there that has an entire facility of what we'd call flex warehouse. So they've grown out a phase of that which is kind of a
good companion to all of this through there. So things for contractors um and spin-off companies to have little to have storage. It's not mini storage, but it's you work out of those units. Because the business is already established, the change in land use will
not introduce new unexpected impacts on local traffic. Um, future expansion will be subject to standard county buffering and screening requirements to protect any adjacent residential interest. So, we did do a significant amount of community outreach in this situation
because we're right next to those single family residential uses that are also established. You can't see it very well here, but that's the map that shows the 500 ft buffer of everyone around it. So, what happened is Jason and John on May
29th, they went door knocking to the single family residences to the north and all the way down the east side. Um, and they talked to whoever they could. Um, they had discussions with a few of those residents there and you know,
they're like, "Hey, BMS has been a really good neighbor to us. We don't have any complaints with what you're doing now. we don't have a complaint if you want to expand your business to the South Piece in the future. Um the things that they heard consistently from those neighbors was we don't want multif
family. Um we'd like you to put in an opaque wall or fence for separation which which would happen and is required in code as well as trees along the common property line which would also happen. Um and they're happy to provide those. In addition to them walking and
talking with the neighbors, we sent out um notices to everyone within 500 ft. And we held a community meeting in openhouse style in the evening at the BMS office right there. We only had one gentleman come and it was the neighbor to the north. And when he realized he
was the only one there, he left because he just wanted to see if anyone else from the neighborhood showed up. So, we we sat together for the 2-hour open house and chatted for a while, but we didn't have anyone else show up. I also haven't had any neighbors reach out to
me with my contact information. So, here's the notice that we sent out. The proposed amendment from RES 6 to CC is a logical connection to the future MA correction to the future land use map. It acknowledges the 42-year presence of a successful contractor's office and
storage, eliminates the logistical hurdle hurdles of split zoning, and provides a clear path for a local business to grow. This change is consistent with the goals of the comprehensive plan to foster a balanced, sustainable, and economically diverse community. The requested BU2 zoning with
the suggested changes on appropriate uses will allow the property owners to properly screen and organize any outdoor storage per county code in order to protect and buffer the neighbors. And with that, we're happy to answer any questions. >> Well, while you're right there, is
anyone in the audience want to speak for or against this item? That's good news. So, I'm going to close it for public comment. Seeing that, I'll bring it back to to the board. We have any questions, >> Mr. Chairman?
>> Yes, sir. >> Okay. Um, what kind of contract work does these people do? >> Would you like to answer that? >> General commercial. >> General commercial. Okay. Thank you. Um, you want to go from BU1A
to BU2 on the zoning, right? And you want to go from res six to CC on the land use. We're doing the land use first. >> Yes. >> If you go to CC, you can essentially turn this into a live local housing project.
>> There's no desire to construct multif family residential here. Um, I think it's it would be the zoning the BU2 the BU1A would already allow Live Local Act to happen there today. That's obviously not happening on it. If we reszone the South piece to BU2, it would open the
door for Live Local Act, but we're happy to add that to the red X list. That's not of interest to this property owner. >> You'd have to talk to Ron about a binding development agreement on that. Yes. >> Why? Why why are you jumping to BU2 instead of just regular BU1?
>> Because BU1 does not allow for what they're already doing on the property, which would have be the outdoor component of it. So BU1 allows for contractor's office and indoor storage. >> Okay. Not outdoor. >> Correct.
>> Yeah, I'm looking at the list. >> Yep. So, in order for them to get everything straight with [clears throat] their current site and be able to expand it, we need BU2. We don't need all the uses in BU2, but we need BU2, which requires us to obtain CC. So, we're
asking for the least we could ask for to help this business stay in this location. >> Okay. And you'd be willing to do a BDP on that? >> Yes. >> To restrict it? I'll let Ron do that. Right. Thank you, Mr. Chairman. very familiar with the area. I'm right
up the road from you. Well, I know Mr. Turner over here. >> Prejudice. >> I think it'd be a good fit. >> No, Ron. Mr. [clears throat] Chairman. U So, you'd be willing to put these
items in green in a BDP? >> Yes, sir. saying that um you'll won't do so you'll be able to do those. Uh so my I've got two questions. One, would you be willing to put in a BDP that's more
restrictive? >> In what way? >> That says you'll take the BU1 uses plus you'll be able to do outdoor storage. >> We have not I haven't analyzed the code for that. That would take me some time
to analyze. Um there's a lot of uses. So BU1 um let's say for example someone wants to come into the county and do like I said before a flex warehouse that is open to different types of contractors. Um you know you have like your HVAC and your
plumbing and all of those uses. Those are all held within the BU1 not BU1A. BU1A is more >> I'm not BU1A. What I would like to do is to have a BDP that says you can do any of the BU1
uses. >> Yes. Great. >> And in addition to that, you can do outdoor storage to solve the problem that you're addressing. So um so what I have in the green area there so if if this is what
you're thinking so the permitted permitive conditions and conditional uses allowed in the BU1 district plus those uses in the green right >> and I'm just asking would would you be willing to accept a BDP that is somewhat more restrictive?
>> I guess it depends which ones you'd want to see removed from that list. Is there again >> all all of them except for outdoor storage. >> If you're restricting it so much that building management systems goes belly up, then you've got a dead piece of
property. So don't restrict it more than >> what it means is that you'll have to come back to the board. Whoever would would want to buy it or whatever would have to come back to the board and have a public hearing saying this is what we want to do. >> Yeah. If there's any on the green list
that you're concerned with to chat about, we're happy to chat about those. But a lot of these kind of go along. What they were worried about is I know these are principal uses, but for example, on a piece of their equipment, they might need to change out the glass
on something or they want to be able to make welding repairs. So, they were trying to include in here things that they might do on an occasional basis as well. >> Were they just outdoor storage? Oh, they've they've got um outdoor storage. They have their indoor stuff because
they also have commercial vehicles. >> Um so it's it's a full contractor office and facility. >> Okay. >> Um >> uh then uh well one other thing uh you mentioned about protecting the residences that are
to the east. >> Yes, sir. >> Uh with a vegetative barrier. How big are you talking about? 15 feet or 50 feet? >> Uh what whatever code already requires something. I can't remember if it's 15
or 20 feet. I know that the the building setback itself is 15 feet >> and a wall an opaque wall. >> When are you were you were you being willing to have something larger than 15
feet? Are you like 20 >> 20 25 30 35? >> Not that big. No, the property is not No, because we'd have to set our building back. But if you're looking for, you know, five more feet on the back, >> I'll take it. >> Can I Can I jump in and ask a question
just to help maybe the conversation a little bit? So, just by looking at it, the parcels I'm going to for easy math, I'm going to call it 220 ft deep. You're going to have a drive aisle, parking spots, drive aisle that goes all the way around for fire access, storm water swelles, etc. I think from the buffer perspective, my question would be, it
looks like there's a lot of existing um pretty nicesized trees there. Is there any opportunity to maybe preserve some of those before we start changing our, you know, grade elevations and putting in the wall and that sort of thing? I think if I were the resident, I would prefer to have the existing trees saved,
then put the wall up and then you guys, you know, slip up and and do what you need to do on your set of line, but is that a a possibility? And maybe that helps with the buffer component. I'd rather keep my, you know, large trees than have an extra five feet with brand new 4 inch trees that take 30
years to grow. >> I just wanted to pull that up so I could I could take a peek at that. >> Yep. >> And the aerial is a little deceiving, right? Like it's a GIS map on the county appraiser site. So I know you don't have a tree survey yet, but to the extent possible, is there the ability to look
at preserving some of those larger um species trees provided that they're not compromised? junior arborist says they're fine, all that sort of thing. >> Yeah. How many of those trees [clears throat] are actually on your property? >> We haven't done the tree survey, but you know, to sit here and say, "Oh, we're
going to be able to keep the trees." We're going to have to do a a site plan. We're going to have to do elevations and and ponds and, you know, >> so I can't really commit to say that, you know, the elevations that we're going to generate are going to be able to save those trees. If we go to back fill and they have certain elevations,
we'll certainly do any kind of mitigation and pay mitigation banks and credits. But the people that we >> Excuse me, sir. Sir, over here to your left. Sorry to interrupt, but could you state your name and get up to the microphone for the record, please? Thank you. >> Absolutely.
>> A little shorter. Jason Bartlett, Building Management Systems. [clears throat] So, you know, we, you know, we can't really commit today to saving the trees. I don't know what those final elevations are going to be. If we're going to have back fill up against there, we would be doing any kind of mitigation.
>> From our perspective, we did talk to every well, we knocked on every door behind us. We we got about four residents. What most people were concerned with was transient people crossing from the apartment complex and
some of the other, you know, motel, hotels on that corner, >> cutting through this property and cutting into those residential neighborhoods where we're going to be we're going to be building a wall. >> And everybody was very pleased with that that, you know, we're going to be
separating that residential area from some of this commercial development. that and that's where the lie that's where the people's concerns lied. So for what that's you know worth >> just to bring it back for clarification.
So it's really not just outdoor storage. You really need all these that are in green. You need you to limit it with BDP to these uses each and every one of these uses. >> Right. Well, for example, like we don't need dry cleaning laundry pickup
stations, but like I can't imagine it's not even a dry cleaning facility. It's just a pickup. So, we were just trying to add in uses of businesses that also might join in. But this use specifically, they were really concerned with, you know, glass installation and
plumbing and electrical like companions, um, welding repairs, like wholesale storage type uses, building materials and supplies. um garage or mechanical services for the vehicles that they have, service station, and then like warehousing,
which is just storing. Um the other things, you know, like commercial entertainment and amusement enterprises that could be like an indoor golf simulator or they have a really cool indoor golf simulator inside BMS. So, they were thinking something like that could be a business that might
colllocate with them. So just trying to remove some barriers for uses that shouldn't be of irritation to the neighbors. >> Right. Right. So but so it could be be you too and then cross off a couple that you absolutely don't need with the binding development.
>> This is basically what we had narrowed it down to. So if there is a use in the green area someone's really concerned with we definitely would be happy to talk about it. But I think this allows so people don't have to keep coming back to revise BDPs for something that really
shouldn't be >> right >> of consequence. >> Well, you spoke with the neighbor, so it sounds like they're not. So, >> thank you. >> Question. >> Yes. Um, >> are you planning on building another
building on that property? >> I don't want to limit it. Do I need a contract? >> You're a contractor. I don't want to limit it, but yes. I mean, there >> So, it's not just for outdoor storage that you want to change this thing to CC. >> Well, I mean, I I don't want I don't know what the future's going to hold.
Uh, he's asking if you want to build on like a building another building expansion. >> I can't. Right. There's no there's no immediate plan for that right now. >> Okay. But you're asking for a lot of benefits from the BU2 which would allow
you to do that and rent out space to other business enterprises. However, you're coming in here with a proposal based on you needing outdoor storage and the BU1A does not allow it. So, it's kind of confusing. I I get confused a
lot up here. >> That is my current need at this present moment. Like is outdoor storage. I really can't speak and kind of what Mr. Brother I mean has been a business for 46 years but if BMS closes tomorrow I have three acres that is unmarketable at
AU1 or AU. So I I don't want to speak to the future or limit myself on the future but right now today my present need is to expand my my my service. I mean I have vehicles. You can you know there's a a
residential person there now but I I have heavy equipment. I have vehicles. I have dump trucks. And >> what are you doing with them currently? >> Where are you putting them? >> Job sites. >> You leaving them there and not having them in your home facility? Correct. Because you got out allowed. >> Correct.
>> Okay, I get that. It just I don't know. I just >> I I just can't speak to the future here. >> That that that is my need today. Right. >> I can't speak to the future for >> No, I understand that. Um and I can take that at face value. However,
in the back of your head, you could be planning to expand into a different operation. And you know, we always look at that. People say, you know, we get the public in here and they say, "Well, what would happen if they sell it and it becomes X?" And I never worry about that because
everything can happen. But >> could you do a BU2 without the CC? >> No. >> Why? because it's not consistent with the future land use. BU2 needs CC to be consistent [clears throat] >> staff. True.
>> Okay. >> Thank you. >> Did you want the floor? >> I I'm about to make a motion. >> Yeah. >> Again, we we've over complicated uh something that seems very simple. Uh and
so I make a motion that we approve the uh reasonzoning >> second. >> Okay. You now do we need him to clarify the motion? >> Yeah. >> Yes. With the uh >> first is the >> with the conditions that that are on
this list that we were handed. >> Okay. This is item H7 >> and Robert made a motion. the BDP wouldn't be um applied to the small scale. So, you need to vote on that one first and then he can make his motion to
include that list on the resoning. >> You just need to make a motion on item H7 for now. >> H7 the um future land use. >> Yes. >> Okay. I make a motion we approve the um change in the future land use.
>> Second. And we had a second a motion by Robert, a second by Anna. All those in favor say I. >> I. >> Wait. Point of order. Is that with the BDP? >> No, that's Oh, it's I'm sorry. Okay, >> that' be item H8. >> Okay, I'm in favor.
>> Okay, item H7 passed unanimously. Okay, now going to item H8. >> All right. make a motion that we approve item uh we recommend approval of item H8 for the reszoning
uh from uh BU1A and AU to BU2 with a BDP including the the document I'm holding up >> second
>> staff are you good with that >> I have one question about that on the uh on agree If I may >> hold one second, Eric, because we actually got a motion going right now, though, sir. >> Right. But he referred to this document and I have a question on this document.
>> Do a do a second and then a discussion. >> Can I get a second first and then we'll go for discussion? >> Second. >> From Anna. Okay. Item H8. Got a motion by Robert, a second by Anna. All those in favor? >> Wait a minute. Do a discussion first. >> I'm sorry.
>> I got too many chiefs up here. >> You got to do the discussion. I'm gonna hold it for discussion. Eric, >> just just at a question. I I was looking at the at the impacts on your green uh which all of them are are pretty what I'm just trying to get clarification on
when you're talking about service stations, automotive vehicles, and U-Haul services. That's big impacts compared to a all the others. Is that also allowed under that particular zoning? >> That was the weird. It's a c you the
county has such an intricate list of uses and I pulled that from BU2, >> right? >> Yes. >> But the ability to work on >> large vehicles in a service >> is what they want to make sure that they
have the ability to preserve. So that's what I pulled out. >> But you you don't have any interest in that, don't you? >> Yes, they have they have um big vehicles that they do keep up themselves, >> right? But we're talking about U-Haul here and we're talking about automotive services.
>> That was that was in that was just the use from the BU2. >> Okay. >> That language came from there. >> Yes. Okay. >> You done, Eric? >> Then would you strike some of those that are on your green list? >> You like U-Haul service?
>> Yeah. >> We'd ra we'd rather just leave. We'll just leave it. There's no desire to do it, but I think we'd like to just move forward. >> Again, you seem to have a desire to limit what can can be done here, even
though it will probably never be done. But if it should need to be done, then you've limited it and you don't have and you don't see the future. So, it's a very good agreement as it stands and there's no need to fiddle with it more. >> Yeah, I agree.
>> Robert, you done? I withdraw any concern. >> Mr. Neil, >> like to call the question on the motion. >> So, we're going to back back up. We have a motion by Robert on item H8, a second by Anna.
>> All those in favor say I. >> I. >> Any opposed? >> Opposed. >> All right. Thank you, everyone. >> Got H8. >> Excuse me. >> Where is that? H8. John Hopper.
>> I did. >> I don't believe it. >> That's what it looks like. If he doesn't have time, you can go somewhere else. >> Okay. Item H9. >> Hold on, Paul. Paul, hold on. Uh, Mr. Atkins. >> Yes, sir. Based on your question and
your disclosure early on, I would just suggest that you um abstain. Okay. >> And then we'll give you the necessary paperwork. It doesn't seem like a mandatory abstension, but just based on the circumstances. >> Understood. Thank you. >> The appearance of it. Thank you. [clears throat]
>> Item H9, Sandman Outdoor Storage, request a change of zoning classification from BU-1 to BU-2. Application is 26Z000021. It's located in district 1. And sir, are you the applicant?
>> Yes. >> All right. If you'd state your name, spell your last name and address for the record. >> My name is Donald Clark, CL L A RK. Um, I own 3850 US Highway 1, MEMS, Florida, 32754. I own three properties right there in a row. I'm here to talk about
uh 3850. Today, I'd like to change it from BU1 to BU2 to do uh outdoor storage of boats and RVs. Um, I'm working with Jacqueline on my site plan re right now. Um, there is a question of my fence was on my
neighbor's property for a second and I moved it and he's taken uh turned code enforcement into a vendetta against me after he tried to extort me out of $375,000. He told me I would buy his property or he was not going to allow me to have the business there. And I told him I would
never give him 300. >> Stay here with the microphone please. Put you on record. >> Yes, sir. I told him I would never give him $375,000 for the property. And he told me, "Well, don't do it yet. Don't move the fence yet. Let me go do some make some phone calls and I'm going to try to sell you a 3, four, 5 foot strip
there so you don't have to move that fence." And I said, "That's ridiculous. I've come to grips. I'm going to move it." So the next day, he shows up there. I've already moved it. And he starts filming me, going crazy, screaming, yelling. He's going to call the state, going to call code enforcement. Code enforcement shows up. [snorts] I do have
a fence permit. I thought it went around the back. It does not. I have an amendment to it right now. Um, I let the state of Florida or Bvard County use my property to stage to repave US1. In doing so, they had me sign a contract
where they agreed to put in a driveway for me for use of the land for the year. And also on top of that, I've sank money into it because part of it they gave me they put the drive I have a contract. They put a driveway in for using the property.
Then they needed to use more property. So they said, they came to me and they said, "Well, if you need more millings, you we need to use more property. We'll split the difference. You can buy millings from us for half price." So I bought more millings. Well, I'm about $82,000 into this. And now my neighbors
here to oppose me. So I was $90,000 into architectural drawings when I'm glad you said what you said. uh uh building a a motel edition seven, eight years ago and it was turned down by the assistant fire
marshal. Um Paul can attest to that. Um it was turned down by the assistant fire marshal because he said I was going to have to bring water from behind Dollar General or across US1 and put a fire hydrant in my yard before they would approve me getting that uh permit for
the motel, which I'm not here about that. But she says they don't even use the fire hydrants. So they stopped me after I spent $90,000 on architectural drawings and told me I have to put a fire hydrant in. The assistant fire marshal. Not even the fire marshal, the assistant fire marshal. Um and I was on
my way to my mother's funeral that day. It was a big community call and I told him I didn't even want to deal with it. Anyway, I spent $90,000. Now I hear they don't even use the fire hydrants. That's crazy to me. I mean, um I know that's neither here nor there. That's not what I'm here for. I'm here about 3850. I'd
like to be able to use my property. I've paid $65,000 in property taxes since I bought them properties there in the last 11 years. And my property taxes have doubled in that 11 years. Over. Actually, they're over doubled. Um, I pay $6,700 a year to that property so
the kids don't go on that property and do donuts and break their leg. And that's why I'm fencing it in across the end there. And he's just trying to give me problems. He's turned code enforcement into a weaponized thing here. Uh cuz code enforcement told me that they don't come out unless somebody
calls code enforcement on them. So they don't come out and inspect nothing unless somebody calls. So it is a weaponized thing that they've done with code enforcement. And he's using it as a weapon over here. He's tried to extort me out of $375,000 to buy the property. Then he told me he said, "Nope, I'm going to sell you the other property.
Let me come up with the price." He told me he's got an in down here and that's why I'm glad you recused yourself. Thank you so much. This is my neighbor. Well, I thought he was my he he he as the cows on the neighbor property when the cows get out. His fence was in disarray a year ago. His cows kept getting out. Uh
I doubt he pulled a permit to uh pull to do his fence. Punk Roads dug his pond and told me he didn't pull a permit. >> Sir, you got to get back and let's don't >> get off track here. We're here to go from BU1 to BU2 so you can get out.
>> I'm praying for him. I'm praying for everybody. I'm a good man. So, okay. So, anyhow, uh let me go back out in the audience here. Anyone want to speak for or against this item?
>> Okay, sir, if you'd come up, state your name, spell your last name and address for the record. >> Once again, James Bareron, B A R G E R O N 4865 Meadow Green Road, Mims, Florida. Now, the issue that I would like to
raise some attention to is the fact of the millings. The millings in this whole situation where now they're saying this guy wants them removed. Okay, this apparently there was an issue of permutation or whatever fact may be.
They supplied portion of the millings for use of the land Bard County. Okay. So by them doing that and then him stabilizing the land that they were using with that they have now created an estoppel situation. Okay. Are you
familiar with estoppel? >> No sir. >> Basically they agreed to something so they could use it for their benefit and now they are trying to reig on it and take that land take that use back and say you need to pay us a permit now when they negated that when they allowed him to do it so that they could park their
vehicles without sinking. Now, the second thing, the only time that a a um permit is needed for millings in Bvard County is if it does not it has not ever been a stabilized driveway. If there is
a um a a variance to the easement or the ride ofway, which he has neither, there was already a gravel driveway there. Okay. Dirt and gravel. All right. It was used to stabilize that so these county trucks wouldn't sink in it. And now they're
trying to pull back on him, tell him he needs a permit. All right. So, we've created a stopple situation which is also um you know punitive by court. So, it can go to court. Okay. Now, with that, not only do we have that, we have a situation where he stabilized this
ground. In Bvard County, there are many, many driveways out there that as long as they are an existing driveway, and it is not pvious. It's not uh concrete or anything like that. It's not impervious. It is not required to have a permit in that area. So, why are we even here?
We're here because somebody has tried to use this county as a weapon. That's why we're here. >> On whose property? Who's the owner? >> Okay. All right. Thank you, sir. >> Was he the owner at the time? >> Anyone else want to speak? Sir, if you would come on up and state your name,
spell your last name for the record. My name is Brent. Last name is Fowler, Fle Er. I live at 3883 McCulla Road. I am the adjacent land owner. Um, just so we're clear. Um, I'm not
trying to cause anybody any problems. I just feel like that things need to be approved by the guidelines that are established by the county. Um, some things have not been followed to this point. Um part of the property that we're
discussing here is um the millings aren't really being discussed as much on the applicant paperwork, but since he's brought it up, the millings are of concern because the adjacent lot to this request is an
agricultural lot. It is zoned AU. Um the millings have been put over the entire property, not just a little bit. Um I am in I'm wanting it to not be changed from
BU1 to BU2. Um because it appears to me in sitting in this meeting and heard what I've heard from some very well put together presentations that BU2 carries an extremely wide use. extremely
uh and therefore even isolating it back to just a storage for outdoor storage. Um if and I've heard some input about trying to restrict the uses, but now we're
opening it up to vehicles can be worked on there. Other things can be done. Um, some things have been brought to light to me by being in this meeting and I appreciate you allowing me the opportunity to come. I have been more
educated by being here than I was by not the general public generally is not as educated as they should be about the things that are being presented. Um, with that being said, I won't take up any more of your time. I thank you for
allowing me to speak. >> Okay. Thank you, sir. >> Anyone else in the audience want to speak for or against? Sir, we already you already had your shot, but thank you though. >> Said there it does not cover the whole property. It covers the parking lot for us.
>> Hey, we >> you said your your opinion. He said his. He said his. Anyone else in the audience want to speak for against the item? >> All right. I'm going to close that for public comment. Sir, if you want to come back up
and you're wanting to go from BU1 to BU2. >> Yeah. Um, it's only the couple acres of my I think I have seven acres there. It's only on two acres. It's not even covering two full acres, I don't believe. So, I do have a survey showing it all.
>> Seeing that, I bring it back to the board. We got any questions for the applicant? >> I guess I do. So, I I I'm wondering what the the status is for the land clearing, what you're talking about, the code of enforcement for land clearing on the
property in 2020. The case is pending is what it says. >> 2020. Oh, yeah. Um, okay. Um, Matt Smith from Treesmith came out because I had a bunch of dead trees out there and he told me I had a bunch of pine board beetles and he gave me a
thing and he says recommendation was have these trees removed. I grew up up in Michigan. I had never heard of getting a permit to remove a tree. I went out and took out the bad trees. So, yes, I did take them trees out. >> So, it's still pending. >> Yeah. Um, my wife told me it had been
closed. She had talked to somebody about it. She does all the paperwork and everything. I'm half dyslexic, literally. I'm not just saying that, but I'm And so, she does all the paperwork. >> So, I thought it was closed out. >> Staff it is still >> And if you I I'll also add there um when
code enforcement was out the other day after he called him, he said that there was some other tree issues. If you look on the aerial views, you'll see I took them palm trees out and planted them right along the front of the road road. They're right there. So, I didn't just remove them palm trees.
Okay. But my I guess my question is for staff the so this um the code enforcement from 2020 is that that's still pending the land clearing. >> Unfortunately I was not able to remote in so I don't have access to that system
right now to be able to answer you. Sorry. >> That's okay. >> Mr. Ron >> uh Mr. Chairman, um would you be willing to accept a BDP? >> I'll do a binding development pro uh thing for boats and RVs only. Yes, sir.
AB 100%. >> Okay. be willing to include um because with FAR live local act it would allow for 44 dwelling units on this property which is one of my major concerns when you upz zone to
>> I've already wasted $90,000 on architectural drawings to find out that they're not going to let me do that unless I spend another half million dollar bring water over can you make sure you speak into the microphone so we can pick it up >> oh so sorry yeah um no I don't have any intentions of building any houses over there I'm just going to do boat and RV
coverage period. >> If that was included in the BDP, that would make it more favorable for me. >> Okay, very good. Sounds like you got two. >> I just wanted to quickly ask again. >> It sounds like we got
Eric. Ron, were you done? I'm sorry. >> Uh, yes. Yeah, I'm I'm I'm We can make a motion whenever you're ready. >> Okay, one second. Miss Erica, >> I I have a question for staff that you you have some more information it sounds like about the
>> Yes, ma'am. Miss Erica, I do apologize, but it is in the staff report that the um natural resources code enforcement case is still active. It is pending. >> Okay, >> Mr. Chairman, >> Erica, you
>> what does he need to do to get that taken care of? >> That's a great question. What is that? A whole team of code enforcement over there. >> No, it's not. It's natural resources. >> Okay. >> And they're leaving.
While they're coming up, Mr. Chairman staff, what's what's the drainage situation on that site with all the millings? >> I've already got a retention pond there. Everything drains perfect. >> Where is your retention pond on that site? >> It's in the back corner there.
>> But it's not on that site. It's on adjacent site. >> Yes, it's on my 3810 property. >> Right. But we're talking about this one property. >> Well, there is a little spot. >> You have to get to the microphone, sir. >> I keep walking away. I'm hard of hearing, too. So, I keep trying to get closer to you to hear is what I'm doing.
Um, I also have a spot right there in the back where it drains right down. I I've had no problem. We just had a a massive downpour the all the other day and it just all went right to that little spot and it's on that same property. So, I have plenty of drain of drain retention on both properties. In
fact, his farm field I'll and bring you all over there. I even let his farm field drain into my yard. his farm field when uh okay uh Punkros dug his pond out and uh uh
Fred Custard bulldozed it out. Bobby Hussy told me he did not get permission to drain on my land. His property drains onto my land. I'm okay with his property draining on my land. I don't have a problem with that man or anything he does, but I have plenty of retention.
I've got great drainage. The men that had they did a road company out there fixed my whole property for me. They told me I was going to be able to go in and be a piece of cake. I had no idea any of this was going to happen. My property drains perfect. They already
put everything in. And I have it's just like a an ashvault driveway already. I mean, it's packed. They graded it, packed it, rolled it, everything. It's done. >> So, it's a parking lot. >> It is a parking lot. Yes, sir. It is a
parking lot and not back in the woods. He said it went all the way back and I just want to correct that. It doesn't go all the way back. I've got like I don't know 50 60 foot of trees there. It does start into the front of the tree line, but there's a big tree row that goes along that whole back of that property that ab butts his property. >> 50 60 feet of big trees, massive trees.
>> It's not all the way back there. It goes partially back a little bit, but okay. That's where they stopped. >> Mr. on. >> You want to say something? >> I'm going to make a motion. >> Oh, hold on. >> I just I just a point of clarification.
I'm trying to understand uh as I looked up some of these zoning regulations, [clears throat] the difference between BU1 and BU2 is the impact of various commercial businesses. This man is using his property as like boat storage and RV
storage. So why why is he looking for a B2? Just so I understand what I'm voting for. How does that change his current option? >> B1 does not allow outdoor storage. >> So BU2 would be that limited to the boat
and RV storage. >> I got you. Thank you. >> So we could do a BU1 with an outdoor boat storage within a binding development plan and that would give you what you need. Anything you guys want to do? I'm
>> easy to go. I'm the easiest guy in the world to get along with. >> We need to ask staff that. >> Okay. >> And that's a question for staff. >> And they're still looking into how he's going to finish the land clearing code. >> Do we have to go BU2 limited to only
boat and RV storage? >> You don't have to, but you're going to have to have BU2 to do the RV and boat storage. >> There you go. >> You can't do it in B1. So, Mr. Chairman, I move that we recommend approval with a BDP that
restricts the provides all of the BU1 uses and adds the outdoor storage from BU2 and >> removes the FAR of 44 dwellings.
>> The live local the FAR for 44 dwellings. F >> to restrict >> restrict it. Yes. So that they there's no 44 dwellings. >> Well, technically he's BU1, so he could do that right now.
>> Because it's commercial. >> It floods. >> It floods. There's a massive flooding problem to the west of there, specifically along the railroad. I could go in much great detail if you would like. And then there's the water restrictions. Um, while I realized that
the report said there was 49% capacity, that was not the percentages that I saw like a year ago when I looked at the actual numbers. And again, the flooding along the old railroad trusses because I'm not really sure what the disconnect is. There's major flooding through Quail
Haven, all I mean, the whole whole thing. Um it's it to to raise to raise that up to code is going to put property above everybody else [snorts] and then it's going to consistently cause more flooding that's going to go directly to the west and it's going to continue to
make things worse. That's why I am against additional dwellings on that property. >> Oh, additional dwellings. Okay. >> Yeah, I don't have a problem with no dwellings. Microphone. >> Yep. Sorry. >> Okay. Thank you, Ron. Again,
>> does staff understand the motion I made? >> If if I understand, Mr. Bartcher, it is all BU1 uses plus the use of outdoor storage in the BU2 zoning classification only and no live local based on MIMA. >> Yes. Okay. >> What was the last thing you said?
>> No live local act, which were the dwelling units at 44 or all that. >> I don't even know what that was. So, >> uh, question for >> for the Alex. >> Yes, sir. Can the county restrict live local? It's a state mandate. >> Yeah, this item came up earlier today. I
mean, I think the county's position would be if it's voluntarily entered into by the property owner, then they can restrict themselves however they like to. Whether or not we end up in court over it, that's another question. But, uh, >> well, I don't want to end up in court over
fine, I guess. [laughter] >> I don't know. >> I knew you were going to say that. I really do. >> I don't want to have to deal with any court [laughter] stuff. A BDP is a voluntary agreement. They would be subjecting themselves to that regulation. Okay. So that would be our position. >> Thanks, Alex.
>> Okay. I need a second. >> Second. >> Got a motion by Ron, a second by Ruth on item H. >> What is that? >> N. >> H9. All those in favor say I.
>> Any opposed? That passed unanimously. >> Thank you everybody. I'm gonna pray for you guy. That's beautiful. >> Okay. LPA item H10. >> Yes. [clears throat]
Items H10 and H11 are companion items. H10 Jean A. Benson and Arthur W. Berger Jr. Trust requests a smallcale comprehensive plan amendment to change the future land use designation from neighborhood
commercial to community commercial. Application is 26 SS 00007 located in district 2. And this item was denied by the North Merit Island Board. And item H1, Gan A. Benson and Arthur W.
Berger Jr. Trust request change of zoning classification from AU to BU-2. Application number is 26Z 000022 and located in district 2. North Merit
Island didn't board vote on the item H11 as they denied the item H10 for the future land use change and didn't feel it was appropriate to vote on that one as they change. couldn't get the uh BU2
without the CC. >> And sir, are you the applicant? >> Yeah. Yes. I'm uh I have two items before the U board this afternoon. >> If you could state your name and spell your last name and address for the record.
>> Yes, sir. Of course. I'm John Campbell. I'm a land surveyor. I practiced uh in Bard County for 56 years. My address is 15 Alma Boulevard, Merit Island, Florida 32953.
Uh I again I'd like to express that I'm um >> Can you get closer to the mic, Mr. John? >> Yes. Slide that you can slide that thing up to you too if you need to. >> Yes, sir. Uh I have two items before the
board uh uh tonight. Uh, one of them, uh, my client has, uh, advised me that he wants to pull, uh, item H10 from the agenda and, uh, uh, not pursue, uh,
approval for that this evening. Uh we met with the uh North Merit Island uh dependent board the other day and uh we didn't get very positive vibrations from them and uh decided it was not not
the time to uh pursue that case. The uh second case I have before the commission for you folks is I represent uh Robin and Maxine Bland. >> John, that one needs to be heard later
on if you're trying to hear. >> I'm sorry. What? >> Item number 13 needs to be heard after we have item 12 heard. Right now, he's just representing item H10 and H11. 10 10 I want to pull from the agenda >> and 11 >> and
>> yes 10 and 11 you need to >> he want wants to >> okay so don't we need to >> take a vote on that >> he wants to vote >> yeah John wants to withdraw those two applications
Artburgers property correct >> yeah my my client wishes to pull the application and not go forward with it. >> Alex left. >> He could just clarification not have us do anything. >> Do you plan on bringing it?
>> Pardon me. >> So, you just want to completely withdraw and you don't you're not planning on bringing it back? >> Uh my uh client wishes to not go forward with it. Uh, I don't know what what else to say. Uh, he's my boss and he said he
didn't want to do it. >> I would consider that a withdrawal. >> Yeah, he just wants to withdraw H10 and H1. >> Withdraw it. >> Okay. Thank you. >> Okay. Uh, next thing, Paul, I have uh >> Well, we have one before. >> There's one more item.
>> One second. One second. Come back, guys. Council, are we good? >> Yeah, apologies, but yeah, it sounds like the applicant withdrew their application. So, >> item H10. >> Okay. No, no further actions needed. No, sir. Thank you.
>> Okay. Item H12. Item H12, AB RS LLC request zoning classification [clears throat] change from BU-1 to BU-2. Application is 26 Z 00024 and is located in district 2.
[clears throat] Uh Landing Shear, uh address 1361, Highway 81A, Sally Beach. [clears throat] This is a unique request for us. Um the owner is proposing mini storage on this parcel. Um there's already been a site plan application
submitted uh 26 SP000014. Um BU1 allows mini storage. BU1 allows [clears throat] metal buildings. However, the way the county code is written, BU1
does not allow mini storage as a metal building. And so for in order for my client to develop this parcel as a mini storage and use the construction type as a metal building, we need to reszone to B2 where metal building is allowed for
uh a mini storage building. These mini storage buildings are just your classic rollup door. Um none of them face Courtourtney Parkway. Um they're all on the interior of the drive aisles and uh they're they're 8 ft tall. They're not climate controlled. There's no utilities
stubbed to them. No water, no sewer. Um, your classic just mini storage building and and the industry standard is for these to be metal buildings. Um, he's done one or two of these out of state. Um, and he's looking at moving to the area and wants to build one here. Um,
like I said, it's it's permitted in its current use. Um, but the construction type to use a metal building is not allowed in BU1. And that's what we would like to do is build these as a metal building. Sir, while you're right there.
Well, [clears throat] there is no one, but does anyone in the audience want to speak for or against this item? Sir, if you could just grab a seat in the front row. Ma'am, you could come on up. >> Yeah. Well, the other one,
remember? >> Oh, yeah. activities. >> Hello again. I'm Mary Hillberg. H I L L B E R G. I live at 3780 Sierra Drive in Merit Island. Um, I'm on the North Mer Island Special Advisory Board and we
heard this item and uh [clears throat] um uh with much discussion. Um I would like to use this if I could for your Do I have to turn it on? >> No, they do. >> No, [clears throat]
>> no, there it is. Okay. >> Oops. >> I don't know. At any rate, this is the um uh depiction that was given to us and he said that this was his site plan. And
as you see um it's all covered in metal buildings and garage doors. And there's the section on the to the left of it as you're looking at it is u the um um water water area. the uh the
area that's uh >> the retention pond. >> The retention pond. Yes. To hold the water. >> That's a lot of hardening >> in an area that is not um particularly uh um uh the area of North Merid Island
there is not particularly um hardened. So, uh, the board, however, um, uh, requested that he do a U BDP, although we don't care for BDPS because
they're not being, you know, they don't bind. But, um, to do a BDP to restrict his his uses to only the BU1 as one of you, I forget who it was, mentioned to a previous applicant,
>> right? And the only um so that you don't use all the BD uh BU2 uh uses, just the BU1 uses and the metal buildings that he's asking for to limit it to what he wants rather than um to
make it a BU2. >> Okay. >> Okay. Thank you. >> All right. Thank you, ma'am. I have a question real quick if I might maybe for staff. >> Public comments not over. >> Oh, there's nobody else here. >> I'm here.
>> I got to close it. >> Sorry. >> Anyone else in the audience want to speak for or against this item? >> I'm closing it for public comment. >> Now you can, >> Jared. [snorts] Is there any difference between
uh going from BU1 to BU2 and then dragging it back to only allow one use or doing a CUP when it's already BU1? I mean, it seems like it I don't know if that's even possible. So, CUPs have
specified uses that are allowed under zoning classification that would require going through a public hearing process also, but again, it's limited in what the uses can be, >> right? But if if someone said they they wanted a CUP for outdoor storage on a BU1, does it go that way, too, or does
it only go >> It's not an allowable use under BU1, even under CUP. >> All right, that that was my question. I keep seeing these go across and I just I've been wondering that. Thanks, >> Mr. Chairman. >> Yes, sir. John,
>> how do you propose to get access northbound on Courtney? >> Uh, [clears throat] there's an access easement that was given to us by the property owner to the north. >> And that's that site that was going to be a um a convenience store, wasn't it?
>> Mhm. >> And so, >> if it's not there by the time we need it, we have to build that driveway. If that's your question. No, I want to know how you're getting across the median. >> If you can't get that easement, >> there's Oh, the easement's in place. >> You already have that approved.
>> Easements in place. It was done. It was approved with the Dollar General site plan and recorded. We have the public document, the Orbean pages on the survey. >> And we're not I mean >> I mean that kind of kills that site, does it not? >> No, they accounted for it to give us
access. They they did it voluntarily without our requests. I don't have it all on this on this sketch. >> Yeah, that that like I said this the use is is allowed in BU1. There's already a site plan that's submitted. We're under
review. Um we're we're purely asking for it so that we can use a metal building. We have no issue with the BDP to just allow for any storage. We don't have any intent for outdoor storage. It's >> No, no, no. I'm just talking about access, not outdoor storage. >> The access is going to be through that
access easement there. Um, maybe the orbian page is kind of small for you to see, but it's it's a recorded document. >> Okay. In case you didn't know, I do not like public storage because it doesn't generate any jobs for anybody. >> Sure. >> And it it just takes up land that could
be used for something else. There's a large development going to go to the west of that area that they've been working on for what, three years, I think. >> Five. >> Five. Sorry. Um, [snorts] and I don't know if they're going to appreciate having an eyesore on
Courtney, which that will become. >> Um, so I'm against it. I, like I said, I don't like public storage. I don't think that they benefit the community. >> Sure. >> And especially in this rural area. This is a I live up the street.
>> Okay. It's a rural area and sticking a I don't know how many units you were going to put in there. >> Mhm. Um, but I don't believe it's compatible with the area. These are uh residential all around. >> It's it's allowed in its current zoning.
>> I Yeah, I understand that. I understand. >> And there's, like I said, there's the buildings are only 8t tall, so they're not massive buildings. And we have a pretty extensive type B buffer that we are required along Courtney. So I mean that at at planting they have to the
shrubs all the shrubs have to be 3 ft in height. >> Yeah. But 3T isn't going to hide an 8ft building. >> I mean over the over the time it will put in there. Anyway, sorry I don't like it. >> Any other questions for the applicant?
>> Can I ask just a quick question? This is silly. So you're only asking for the but because of the building material type. >> Yeah. And it's >> is is there an opportunity instead of doing a resoning? Can you ask for a variance or is that >> I think we discussed that during our DRM and I don't know if that was an avenue
we could pursue unless >> that would be a use code. So I don't think that we get a variance to to doing changing from >> curious. Thank you. >> Yeah. And it's just >> so it's an approved use. It's just literally a material. >> It's literally a material and considering the
>> it's not climate controlled. There's no obviously no utilities. So it's just a magnitude of two to three times more to build it traditional rather than metal building. >> So Mr. Chairman uh [clears throat] Mr. Appet are you willing to consider a BDP
that will restrict >> Yeah. >> Okay. >> We we'll restrict it to only mini storage and B2. >> Okay. I so move. >> I'm going to need a motion, Ron. >> Okay. I [laughter] thought I thought I may
>> be sure staff gets it. >> Uh, Mr. Chairman, I move that we recommend approval uh of this change with a BDP that restrict that provides all the B1 uses and the only BU2 use is the development
of this uh metal self- storage penny warehouse facility. Second. >> So, I got a motion by Ron, a second by Eric. All those in favor say I. >> I. >> Any opposed?
>> Opposed. >> Thank you. All right. Thank [clears throat] you, sir. Okay. Item H13. >> Item H13. Robin R. Maxine M. Bland and Tara Broman request a zoning
classification change from GU to RR-1. Application is 26 Z 00016 located in district 1. This application was tabled from the June 15th, 2026
planning and zoning meeting >> for what reason? >> Okay, Mr. John, you know what to do. >> Uh, good afternoon. I'm I'm still John Campbell. >> [laughter] >> Tonight I re represent Mr. and Mrs. uh Robin Bland.
Uh Mr. and Mrs. Bland own a piece of property in the western Cocoa area. They're u it's an area that's predominantly large rural lot subdivisions. Uh the existing zoning now on the site
is GU which is interim zoning unzoned. Uh [clears throat] we're requesting uh to go to RR1 which would be rural residential one acre. However, we only want to divide the five acres into two tracks, two two
and a half acre tracks. We feel that it uh it's more compatible with the neighborhood and uh uh the plans uh want a larger homestead. Uh so we would respectfully ask that uh uh that you uh
approve approve this subdivision. Uh it's uh the surrounding area is RR1 and again large large rural lots. Uh that's the way we intend to keep it.
>> Okay. Sir, while you're right there, anyone in the audience want to speak for against this item? I'm going to close this item for public comment. I'm going to bring it back, Mr. Neil. >> Why was it answered?
>> Okay, I bring it back to the board. We got any questions for Mr. John? No. I make I make a motion to approve. >> Second. >> Okay. Item H13.
We got a motion by Ruth, a second by Neil. All those in favor say I. >> I. >> Any opposed? >> Thank you. Thank you. >> Pass unanimously. >> Much. >> Thank you, Mr. Campbell. >> Mr. Campbell. >> John. >> John. They're calling me over here.
>> Over here. John. Okay. Meeting adjourned. >> The opinions expressed by any [music] 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 [music] County, Florida, Space Coast Government Television, or the program
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