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We got them in the truck. Okay, it's 3:00. If everyone would please stand and Mr. Jarrett, would you lead us in the pledge of allegiance, please, sir? I pledge allegiance to the flag of the United States of America and to the
republic for which it stands, one nation under God, indivisible, with liberty and justice for all. 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 on today's agenda will be heard by the county commission on November 6th at 5:00 pm. 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 comment or agenda items will be given three minutes. And speakers, when you come to the podium,
if you would 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. All right. Before I ask for a motion for
approval for the PNZ, Mr. John, you had a question for staff. Yeah, Terrina Billy's not here and I wanted to ask about um what was discussed on H1 and H2 last month
and it had to do with my question regarding the uh plants in the BDP and the ruling not the ruling but the motion was to have plant removed from the BDP.
Mhm. But when it went to the county commission and had they had their zoning hearing, it was still in there. That is correct. Why? So the definition for I believe it's contractor's plans and storage yards.
You have to think of that in the context in which it's written. So plants in this example is if say you're like a cabinet maker and you're making your own cabinets. So you have your office and then you have your plant
where you manufacture your cabinetry. Just using that for an example. So uh when that was explained to the commission and again they had your recommendation they decided to put the whole title in because that is the way
the title is written in our land development regulations. Okay. But during our discussions here, um, the applicant stated that they weren't going to do any assembly in that building. It was just going to be for
storage as an adjunct facility to their Melbourne one. Mhm. So again, I think Miss Or requested that um it be removed from the That is correct. It was a recommendation to the board and again they decided to
put the whole title in to the ordinance because that is the way it is written in our ordinances into the resolution. Excuse me. So that means that we don't have any power to remove part of the description. You can give I mean the applicant
agreed. You can give your recommendation to the board and the board has the final approval. I understand that. But if the applicant agreed to the condition that was placed on that BDP, then it should have been struck from
that BDP before going to the county commission and then never would have come up for discussion. Again, it has to come up for discussion because that's how it was advertised and you're recommending board and the county commissioners have the final say.
Okay. Okay. I mean, it's already passed and everything, so all right. All right. I still need a motion for approval of the PNZ minutes from September 15th. Make a motion. I got a motion by
already. Second. Let me see here. A motion by Melissa, a second by Rob. All those in favor say I. I. I. Any opposed? That passed unanimously. Okay. Item H1.
Item H1, Housing Authority of Bvard County being represented by um forgot his name. No, it's um Steve Steve Monroe. Michael
Bean is not here, I believe. So request a cup for a mitigating and non-conforming use in RU-1-230 zoning classification under application 25Z 000022
located in district 5. Is the applicant here? Sir, if you could state your name and address and spell your last name, please for the record. Good afternoon. My name is Steve Monroe. I'm the president of Monroe Engineering.
My last name is spelled M O N R O E and my address is 3080 Brandy Line Randy Wine Lane, Melbourne, Florida. Um I'm here to represent uh the housing author. I'm the engineer record for this project. So um this project is located
at the northwest corner of uh Aurora Road and Marywood Road. It's about a quarter mile to the east of where John Rhodess ties in. The site is owned by the housing authority. It's been home to about 50 units since 1966. So, it's about 59
years they've had this uh property that's been there. The uh housing authority is in need of a maintenance building to help maintain this 12 acre site. They're proposing about a 4,000 foot building, three off with three offices and uh no more than about eight
employees. Uh the site will provide on-site parking, storm water, and a perimeter six-foot security fence. Landscape will be per the current code. Uh water and sewer utilities be provided by city of Melbourne. Uh it's my understanding uh from the staff report
that uh approval of this application for conditional use will help uh take care of two items. One of them is a um between the zoning and RU230 and the future land use as a res 4. Um, and also it will allow our project to move
forward. So, with that said, I'd be happy to answer any questions you might have. Sir, while you're right there, if you could stay put, is there anyone in the audience would like to speak for or against this item? Okay. Not seeing anyone, then I'm going
to co close that for public comment. Thank you, sir. We'll bring it back to the board. Do we have any questions for the applicant? I have two, Mr. Draw. Um, I noticed in your site plan you're putting in a new driveway
also to the north. That's correct. Okay. We're going to tie in to the existing the the uh the community center there. Um, sir, could you get a little bit closer to the mic? I can. It's a little bit better. Yeah. Thanks. Um,
so we'll utilize one existing driveway that's for the community center and we'll provide a new driveway. So basically like a circle drive to come in and out. Okay. How many trees you going to cut down right now? Approximately four. Two of
them we could probably work around to save. So possibly two. Okay. And and they're in the building footprint. There's a third one there just north of the building. I'm sorry, to the east of the building might be questionable just because of storm hazard conditions. That one may um we
may not be able to keep that one either. Okay. depends on how rough the contractors are. Yeah. Yeah. Yeah. Okay. But we will provide a landscape plan according to the the current code. Um you provide the required amount of trees as well as the type Buffer along um
Merrywood Road as well. Do you know what Mike's going to store in there? He's going to use it as a maintenance facility. Um typically anything that's used I mean these these units are 66 years old, so they're constantly needing repair. but also, you know, lawn maintenance
equipment, that sort of thing as well. So, he's going to be used as a standard maintenance building. So, okay. He's not going to put his big tractors in there and stuff. Not that I'm aware of. No. Okay. Thank you. That's all, Mr. Chairman.
I'll make a motion to approve if you unless you want more discussion. No, I'm sorry, ma'am. I've already closed this for public comment. We asked earlier if anyone wanted to speak for or against it. Okay. Well, we got a motion by John for item H1.
We got a second by Melissa. All those in favor say I. I. Any opposed? That pass unanimously. Thank you. Okay. Item H2. Lawrence Crumbley requests a change of
zoning classification from AU to RU-1-13 under application 25Z 00023 located in district 2. I guess the applicant's here. Yes, sir. Good afternoon, Mr. Chairman,
members of the PNZ. uh Bruce Moya, MOIA, uh president of MBB Engineering, representing the applicant. Uh what we're proposing today is to do a one-time lot split of the main parcel on South Tropical Trail, create a uh
buildable single family residential lot, reszone it to RU 1113, which is compatible to a couple lots that are to the east and to the south, so that he can build a house. Uh the the plan is to the neighbor to the north wants to buy
it and have build a house for his son so he can take care of him in his older years. Um so I think uh it should be pretty straightforward. So if you have any questions I'm happy to answer them. Mr. Moyer, while you're right there, is there anyone in the audience want to
speak for or against this item? Okay, seeing that I'm going to close the audience then for public comment. I'll bring it back to the board. Do we got any questions for the applicant? I have questions. John, you can let me off easy. No. Staff, I think.
Yes, ma'am. Miss Ruth, um, it says it's this is for 0.51 acres of a 3.03 acre lot. So, we're sectioning off the 0.5 acres from the whole 3 acres to build a second home.
Yes. Okay. Any other questions for the applicant? Yes. Access on Golden. What's the Golden Rod? That would be their legal access. Yes. Okay. Is that paved?
It is. It's actually an existing uh driveway entrance for the main lot. So, they're going to share the entrance. Oh, okay. because I couldn't tell on the map. It the name was covering over it and I couldn't tell if it was all the way through. That's it. I just was curious about
that. Motion to approve. I'll second. Got a motion by Jared, a second by Henry on item H2. All those in favor say I. I. Any opposed? I. Ruth, you oppose?
Yes. Okay. That passed. Thank you, sir. All right. Thank you. Item H3, please. Richard Brandon requests a change of zoning classification from GU to AU
under application 25Z000030 located in district 1. All right, Mr. Brandon, if you'd state your name and address and if you could spell your last name for the record. Richard Brandon, 5460 Florida Palm Avenue, Cocoa, Florida. B R
A N D O N. All right. And a little bit about what you're wanting to do. Uh, well, I'm trying to put in a swimming pool and then I ran into all these these issues. So,
never a problem, only a challenge. That's right. All right. While you're right there, sir, is there anyone in the audience want to speak for or against this item? Okay. I'm going to close that for public comment. Seeing that, I bring it back to
the board. We got any questions for the applicant? I have a question maybe for staff. Um I was reading through this one earlier and I I was just curious how come this was the path that this gentleman
was sent down as opposed to like a variance. So he did a variance well an administrative waiver um as you can see in the staff report to the lot size the setbacks and things like that. My
understanding is and you can confirm this with the applicant that he would like to keep the AU the agricultural uses on the property. So that is why he's doing a resoning. Okay. Okay. Thank you. Yeah. I'm also a commercial beekeeper,
so it makes sense to have AU. Understood. I make a motion to approve. I'd second. Okay. We got a motion by Ruth, a second by Jared on item H3. All those in favor say I. I.
Any opposed? That pass unanimously. All right. Cool. Good luck with the county commissioners. I have one question. Yes, sir. What's the meeting about on November 6th? Well, we're just an advisory board. Okay. The county commissioners make the final decision.
Okay. So, there'll be in like this another in this this location. Yes. Right here. Okay. Cool. Practice. Thanks. Item H4. John Mclidy request a change of zoning
classification from GU to SR under application 25Z 000031 located in district 5. I just now recognized you, Mr. Mloud. Oh, now you're in trouble. My name is John Mloud. That's MC capital
L E O D 3575 Carriage Gate Drive Melbourne. All right. And a little bit about what you're wanting to do, Mr. Prof. I'm let I'm going to let my daughter do this. Okay. She's she's my mouthpiece. My name is Stacy Rosboro. I'm his
daughter. So, like the last gentleman, this all started with wanting to replace uh a shed that was existing on the property. and we found out that we are zoned incorrectly for the past 50 something years
and so uh he has less than an acre um I think it's n seven something like that four 410 of an acre so um they suggested we reszone um and there's an existing shed on the property
that would then be within the limits I guess it's not which is all news we're finding out with just to replace. Are you sure he's only been there 50 years? 50 53 years. I'm going to say 73. I built a house in Yeah. We didn't want to give away ages or
anything. All right. While you're right there, is there anyone in the audience want to speak for against this item? Okay. I'm going to close it for public comment. And seeing that, I'm going to bring it back to the board. Do we have any questions for the applicant?
Yeah, I could. And it's probably going to be the same answer. So, except for the bees. So, so is there a reason a variance couldn't have covered this one? Did you look Did you look down that path? So, GU requires 5 acres.
At the time that the lot was established, it did not meet the GU requirements. GU at that time required one acre. This property is 0.94 acres. So it is a substandard lot, not a non-conforming
lot of record. Thank you. 53 years. 53 years. Yes, sir. I've driven past there a number of times going to that cell tower in the back. Yep. Got lost in the woods back there a couple times trying to find it.
Um well uh if nobody has anything else, I'll I'll do the motion to approve. Second. Got a motion by Jared, a second by John. All those in favor say I. I. I. Any opposed? That passed unanimously. Good seeing
you, Mr. Mloud. All right. Thank you. All right. Thank you. Item H5. Item H5 requests a recommendation regarding amendments to chapter 62, article 9, in order to allow community
development districts to have specific signage for parks within certain zoning classifications. And I guess the applicant isn't here. That was a little sarcastic. That went through the review of the construction board. Yes, sir, it did.
And they wanted was that 4x4 or 4x8? They recommended approval. Yeah. They didn't have any changes to it. I'd like to think they know what the Mr. Chairman, I have a question. Yes, sir. Mr. Ron,
u what's driving the 75 square feet size? uh you know that's like 5 ft by 15 ft which is pretty good size. And so um they also asked that same question and again because these are going to be done by community development districts they felt that
more than likely a sign of that size would not be produced basically for a site um especially since it's coming from CDDs or you know HOA um funds. Um, we just
wanted to give kind of the maximum of what they would be allowed. Again, it's the maximum. It's not it's it's not the minimum. So, with that, they can have up to 150 square ft of signage, but no one sign
can exceed the 75 square feet. Okay. And another question, what size are county parks limited to? County parks don't have a signage code. They don't have size limitations.
In GML, they follow based on the size of the building. Yeah. So they would be based on the GML zoning based on the size of the building. So that's what they would follow. size of sheet of plywood. That's what it's for. So, it be
two linear. Yeah. Two linear square feet per total signage based on the building. Okay. I was just curious if we were giving them something ex, you know, much more than what the county has or much
less than what the county has. Well, most parks don't have most parks in the CDDs don't have a building. So that's part of the problem is we can't give them signage because there's there's nothing to base it on. And so that's why this was written.
I understand that problem. Yeah. Okay. Thank you, Mr. Chair. Yes, sir. Mr. These are for freestanding signs. These would be for freestanding and wall signage, but if you don't have a building, there's no wall.
I most CDD parks don't have a building. But if they do have a building, it allow the wall signage. Okay. And what kind of information is going to be placed on these signs, whatever activities that they might want to advertise for their for their park.
So, for instance, I think uh Woodside Park or Pylock Park, I think sometimes they have food truck events. So, they might post something like that. That's something they're inviting the public to. So, I mean, that's a pretty big sign.
13 135 or 150 square feet. Um, it's a maximum. No, I understand. I understand. I'm just trying to envision what what they're going to put up there. Are they going to paste up these like a billboard type of advertising on there or is it going to be an electric board?
It could be. Okay. Mhm. Okay. That's a big electric board. I mean, almost it becomes like a billboard then. No. No. It cannot be 150 ft. The maximum is 75. Okay.
So, but if they have multiple signage, multiple signage cannot exceed 150 square ft, but not one sign can exceed 75 square ft. So, they could have many signs that are smaller. Correct. To get to the 150 that they would be allowed.
Yes. Okay. Actually, it it I believe the uh thing you guys sent us today for the other meeting didn't say that they were only allowed two signs. Closer to your microphone, please. Sir, I I believe I read in the meeting
uh that you guys sent us today that they're only allowed two signs up to 150 square feet. They could do more than two as long as they don't exceed 150 square feet. Do
you have any design standards for them? We do not. So they could do whatever they want essentially as long as they meet the square footage criteria. As long as they meet the square footage and they're not exceeding like um it can't um change um there's a certain
change rate. It cannot exceed that in the brightness, things like that. So if it is an electronic sign, you're saying George, you want to get to the microphone? Our sign guru. I know.
Thank you. Good afternoon. Uh the code already exists for everybody else. Uh we're we're in section 62-3316 section A. So the way the current road or the code is written is uh commercial
signage in several different zoning classifications uh GML commercial zoning BU1 BU2 industrial zoning can have commercial signage. We also allow uh GML zoning which was most of
our parks but here we have a park that has PUD zoning. So they want a sign. Uh there is no current allowance for a uh public or private park in a PUD zoning to have its own uh signage under the PUD
zoning except for commercial signs, not recreation. So, we're writing this uh ordinance to include uh the CDD to have its sign. So, this is a way to uh allow them to have something to offer the residents driving uh past the uh
location. Now, this particular park in question has two street frontages. So, uh that's why they wanted to have multiple signage. They also have a degree of linear frontage along Morell Road. So the current code provision for
everybody says if you've got 200 feet or more of frontage on the same street, you can get a second sign. If you have frontage on a second street, you can get a sign for that as well. So there's already criteria in that provision that talks about how big a sign can be and
how many signs you can have, how tall it can be, and the square footage of the sign face. We're just adding a aotment for area for somebody who may not have a building on the property that wants to advertise it uh for community events or
the park itself. Where is this one? You said on Mural Road, correct? It's on the west side of Morell Road, north of Wickcham Road. That's Pylock Park and Wood something uh
is is the name of that park. Okay, thanks for clearing that up, George. Okay, I'll move to approve. Second. Okay, we got a motion by John, a second
by Ruth on item H5. All those in favor say I. I. Any opposed? That passed unanimous. Chair, before we um go our separate ways, can I have a second?
Yes. Okay. Um, I would like to move that the chair draft and send a letter to the board, Bvard County Board of County Commissions recommending that they either join the lawsuit challenging SB180 or draft and send their own letter requesting the
SB180 be repealed or amended. This recommendation is based on the state's rejection of our recent comprehensive plan amendment, which despite reducing previous restrictions, was still deemed too burdome too burdensome to development. This action demonstrates
how SP 180 effectively strips away our constitutionally protected home rule authority and significantly impairs the ability of this board to carry out its responsibilities as intended by the Bvard County residents. Interesting.
Do we have any comment from the board on that? I'll second the motion. She's right in what she's saying as far as it stripping home rule, but are we I mean, we can make a recommendation to the county commission,
correct? And they can hassle with it. I mean, our our comp plan came back to us with uh gosh, I couldn't tell you how many um red marks and in complete rejection. And while I wasn't in complete agreement with the whole entire comp plan, I'm
sure not everybody was here was in agreement, like loved everything about the comp plan. But that was our decision to make and recommend to the board of county commissioners and their decision to make based on how this is set up by our residents and our charter and by the
state's um SP180 taking that away from us and effectively saying what we did isn't allowed um it impairs our ability as a board to function. And I think that the board of county commissioners should get something from us recommending that we want to maintain home rule and we
want to maintain the abilities of our board. Agree. Now, Mr. Chairman, I certainly support that. uh we've as a county in uh and cities both have been under attack by
the state to eliminate home rule. Uh you know this is I won't say it's the final straw but uh it's not something new but it's it seems to me like sometime we need to take some kind of action.
Do we have an example or something, ROF, that you're referencing that's happened recently? Mr. I think Mr. Persad's going to step up. He's going to step step. I saw you stand, so I just I I took a guess on that.
So tomorrow the board of county commissioners will be considering some things regarding this issue but the Florida commerce we we the board of county commissioners had adopted um our comprehensive plan amendments bas our earbased comprehensive plan amendments
as well as elements implementing the Bvard barrier island protection act the Bvard barrier island element to our comprehensive plan. Um, if you recall, we first transmitted this, the board did in um of November of 2024.
And so based on that, we got our objections, recommendations, and comments letters. The recommendations and comments were exactly what you would normally expect in a situation like this. In fact, they were pretty minimal. Um, one of I I would say um but some of
the recommendations were actually even to be more restrictive. For example, they had they recommended us to change some shoulds or at least examine changing shs to sha in the boulevard island element. So we went through that analysis and we're limited during that period of not making additional
substantive changes. But meanwhile in May of 2025, an amendment was added to SB80 and specifically that added section 28 to that bill. That bill says that you can't do a more restrictive or burdensome land development regulation,
even a proposal, and that includes things like comp plan amendments. So, in the state's view, even though the law didn't exist when we transmitted that comprehensive plan back in November of 24, I mean, literally didn't exist. There's no way for us to know about it. Wasn't even envisioned in somebody's
head yet. That proposal, because it's retroactive, SP 180 is retroactive to August 1st, 2024. because that proposal was made after that retroactive date. It's all null and void. So, currently Bvard County is not in compliance with
our uh requirements for earbased uh amendments. So, that's the situation the county is currently dealing with. Like I said, the board will be considering options um tomorrow at his 5:00 pm meeting on at least beginning to tackle on how uh on a path forward.
Um uh there are a couple ways to approach this. Obviously, we're we are hoping for a legislative fix. Bard County is not alone in this. I think there are we've identified at least I shouldn't say at least. I think there are about nine
other jurisdictions that have received similar null and void letters across the street. But that's just people that happen to be in the same cycle we are. There are at least I would say in I've seen over 20 uh cities or and counties that have passed regulations since
August 24 that are they're having to roll back based on the impact of SP80. But assuming there is loan legislative fix, section 28 will apply till October 1st, 2027. So, we would not be able to propose or
adopt any more restrictive land development regulations until October 1st, 2027. That date itself can effectively be extended under section 18. I know it's kind of gets complex, but if we're within a 100 miles of a
hurricane, um, at that point, then those similar restrictions re reapply for a certain period of time going forward. So that's that I believe that's the situation that Miss Ammano was speaking to and uh that's Bvard County's current
predicament right now. So if we vote to uh approve this motion, can you get it to the county commission before tomorrow's meeting? I'll certainly inform the board that that you've made that recommendation.
Billy, let me ask this is maybe beyond this, but we haven't advertised anything and all of a sudden now we're going to go at it. Is that a I I mean I think I'm looking at logistics, not content.
Right. I And I think the fact that it's a recommendation um I I think you know I I don't see we got two of the returns. So is everybody I mean does that make sense? Yeah, I think based on the circumstances
drastically emphasize, you know, yeah, generally we like to advertise things, but in this particular case, there's a fluid motion going on. So, uh, fluid situation rather. So, there is a motion in a second. Uh, the board's aware of the situation. So, yeah, I think this is within your purview to
make a recommendation to the board if you so desire. Um, on the other hand of this, being a contractor and going through the the gymnastics that you have to go through
to do anything, um, it the state having to step in and and stop uh, municipalities from making all of these rules where it is nearly impossible to
get anything done. As you saw, everything that happened today were people coming in that have um things wrong with their zoning, things wrong with their with their um with the flute, things that they have to
deal with. I want to put a pool in my yard. No, you can't. So being in the building industry and spending 30 to 40% of my efforts to get through
the maze of paperwork that you have to get through the state has taken a couple of steps over the past couple of years that have helped a lot. Um whether this is one of them, whether our whether our comprehensive plan needs work or not, um
I don't know. And personally, um stopping people from building on the beach. I'm I'm about that. I'm tired of hearing people complain when their houses fall in the in the ocean after they built it right next to the ocean.
So, um there's two sides to this. the the uh the comprehensive plan needs to be streamlined and needs to be fair and the flu needs to be streamlined and fair and zoning needs to be needs to
work all together and um someone telling telling me that it needs to be less restrictive. I'm I I like that. I don't think this has to do um my
motion isn't really about restrictive or less restrictive. It's it's about our ability to function as a board and we make recommendations to our board of county commissioners and the state just threw them in the garbage and said we know better.
And I don't think that is um constitutionally correct or right. um home rule applies and that board boulevard county put this board into effect planning and zoning and local planning agency to be able to make those recommendations to the board of county
commissioners and if we don't have the ability to do that because nothing we say matters um then why are we here and that's where I am with that that is why I'm making the re that is the intent behind the recommendation okay I guess
Jared, you seconded it. Yes, sir. For that reason. Exactly. Actually, do we need to have Ruth clarify her motion or do you have it? So, Mr. Chair, my understanding is that
Miss Amato's motion was to direct you on behalf of the uh PNZ LPA to submit a letter to issue a letter to the board of county commissioners outlining those two options. I believe it was or at least one to to join the lawsuit to either join the lawsuit challenging
SB180 or draft their own letter requesting that SB180 be repealed or amended. And so that that letter is to be sent to who? the legislature or the the county. Yes. From if we would recommend that the county commission send that letter to the legislature or
join the lawsuit. Yes. Okay. Thank you. So, you're wanting me to write a letter? I don't know the most effective way to do this. Okay. And I I have zero guidance. So, this is what I came up with. Yeah. The county attorney's office and planning and zoning or planning and
development department. We will work with you to get that drafted and you can sign off on it. That's what you get for having No, I'm not worried about that. I'm just going to step back to what you were saying, too. We haven't had time to really review what's going to get
drafted even as a board that's going to be presented tomorrow. Correct. Yes. I believe this item in general is going to be brought to the board tomorrow. So, if it's as simple as recommending that, you know, county personnel notify the uh the board of
county commissioners that this is being discussed at PNZLPA, that is also an option without it being as formal as a letter at this stage. Um, leave that up to you. I would be amendable to that. Yes. Okay. So, we got a motion by RO, a
second by Jared. All those in favor for this motion say I. I. Any opposed? Are we good there? Council. All right. If there's no further, then we'll say meeting adjourned.
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