So far so good. Stay ahead of the crew anyway. US. >> Okay. 259 Yes. Hey Everyone would please stand and Mr. Neil, would you lead us in the pledge of allegiance?
Please join me. I pledge alce 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 decisions on these items. Items H1 is an LPA item. Items on today's agenda will be heard by the county commission
on February 5th, 2026 at 5:00 p.m. When a motion ends in any kind of 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 on agenda items will be given two minutes. Please, when you come to the podium here, if you would 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, seeing that I need a motion for the approval of the PNZ minutes from November 17, 2025. >> So moved. >> Second. >> Got a motion by Neil, a second by John.
All those in favor say I. >> I. >> Any opposed? That passed unanimously. We do have today is going to be a day that we need to elect the chair and the vice chair, and we were going to do that at the end of the meeting. If nobody
objects, >> you running. >> All right. So, item H1. Item H1 and H2 are companion applications. I'll read them into the record together. However, they're going to need a separate recommendation.
Laughing Clown LLC requests a smallcale comprehensive plan amendment under 25S.15 to change the future land use designation from res 2 to CC under application 25SS
00009 located in district 5 and H2 laughing count Laughing Clown LLC request a zoning classification change from RP to BU-1 1- A under application 25Z
000028 located in district 5. >> All right. Is the applicant here? >> And sir, if you could state and spell your last name for the record. >> Sure. My name is Clayton Bennett. Uh
Bennett Bennett TT. I'm the applicant for the project. Um here with Bennett Engineering and Consulting, 4940 Ranchland Road. Uh we're here as we as mentioned we have two applications. One is for the comprehensive plan to change
uh the the comp plan as well as the reszone. This is a developed piece of property that has previously been used for a um dentist office. So it's professional office and um the applicant
would like to use it for a general retail to be approved. This is on Mittton Road, which is a arterial roadway. Uh access would be granted or it's currently off of Mittton Road into the parking lot, so there would be no um
uh traffic pushed into the community and uh to the west. Um there was a letter that we received of um objection and I think part of that was is on the traffic and again this is accessed off
of Mittton Road so there would be no additional trips towards uh the west into the community and then as well the develop it's an existing development and they um intend to comply with the county noise ordinance and lighting ordinance
and so we're not asking for any uh deviations uh from the county ordinances. Uh if there's any specific questions on that, I'd be glad to to answer that on that. >> All right. Well, Mr. Bennett, while I got you right there, I need to take this
out to the audience. Is there anyone here want to speak for or against this item? That's really good news. Go ahead. Stay put. >> Okay. >> All right. I'm going to close this then for public comment. So go ahead,
proceed, sir. No, you're good. >> Any questions to the board? >> All right, seeing that, I'll bring it back to the board. We have any questions for Mr. Bennett? I'm going to need a motion then. Motion to approve. Can we do one and two
in the same motion? No, just one. >> Okay. Motion to approve H1. >> Second. >> Okay, got a motion. We got a second by Erica. All those on item H1. All those in favor say I. >> I. >> Any opposed?
>> Item H1 pass unanimously. I need a motion on item H2. >> Motion to approve H2. >> Second. >> Got a motion again and a second by Neil. All those in favor say I on item H2. >> I. Any opposed?
And item H2 pass unanimously. Good luck at the county commissioner's office or meeting I should say. Okay. Item H3. >> Item H3 is Strata Development LLC being
represented by Kim Rosena. request a zoning classification change from AU and RR-1 to SR with BDP under application 25Z 000039
located in district 2. >> Mr. Chairman, if I may, I just want to let you know my office is I have not personally worked on this project, but my office isn't as representing it, so I won't be voting on it, but I do think it's a good project. >> All right. Thank you. >> You're welcome.
While Miss Rzena is setting up, I also want to mention that um when this item went before the uh North Merit Island Board that they recommended denial. Um they also recommended
um a zoning of SEU or RR1. Good afternoon, Chairman Wadsworth, members of the planning and zoning LPA board. We are here on a reszoning of um property in North Island off East Chrysafily
Chrysafilly Road. It's 142 acres. It's owned agricultural and RR1. Uh the purpose of this is to do a subdivision of 61 homes. I know our BDP says that we will limit it to one unit to the acre. We are now willing to limit it to 61 homes, which is less than can be
developed per the staff report. Staff report says 70 could be developed. So, um with that, I'd ask you consider that we would only be using 61 homes. Uh with me today is uh uh Representative Miranda Katie Pek. She is the director
of land acquisitions. Miranda Home is under contract strata development as a related entity. It's already been purchased. So they're hopeful that this resoning goes forward so they can move forward. Also with me is Hassan Kamal with BSE now LJA. He is the engineer of record and he can explain some of the
issues uh that have have arisen. We did have a neighborhood meeting on uh December 15th. We had approximately 25 people from the neighborhood show up and their concerns were maintenance of the road, um the conditions of the road,
traffic, storm water, flooding, uh which you have heard most of the times. They also suggested that perhaps we could connect to Dalora Road, but there's there's no public road or private access road that we could reach. It's all uh
private property. Excuse me. >> Don't mind me. I'm just making >> uh we did attend the North Merit Island board and those same issues were raised. Uh the North Merit Island board failed to recognize that this property can't be developed because of the amount of
wetlands. Uh their suggestion was, "Oh, just put oneacre lots over the entire property." Well, we're saving quite a bit of wetlands. Um as Mr. um uh as Hzison Kimal will tell you Mr. Kimal is that we are building only in
the uplands in the middle of the property of about 60 acres I think is the number he used. So we can't do one units per acre because we have to cluster and that cluster allows us to preserve wetlands. Also two since we're only doing 61 units
we're doing less than what the staff report says we can do of 70. Uh the staff report also comments about um oh lost my train of thought. Oh um about that the majority of the
area here is AU and that may be true but if you look at where our property is which on page one of what I handed you is the the blue portion of that is the top portion of this 142 acres and it's next to SR which is what we're seeking suburban residential halfacre lots.
We're willing to commit to halfacre lots. Uh the SR to the east is Island Forest Preserve which you're going to hear a lot of complaints about today. Uh Miranda has purchased lots in that but Miranda was not the developer of that property. Um they are now developing homes in those individual lots. SR SR
was done by Island Forest Preserve at SR but they used the open space subdivision concept which allowed them to use quarter acres. We are committed to not doing that into doing halfacre lots. So we'll be a transition from the quarter acre lots to the halfacre lots to the to the larger lots. But there are quite a
bit of RR1. There's that SR is over 100 acres. So there is a variety. Also to the north is PIP which is unusual as well in this area. So um what I did provide to you as well this uh flooding and storm water is a
huge issue. Um you'll likely hear complaints that the canals aren't draining properly and we understand that. We've committed to doing what we can to help with the canal drainage. Um and Mr. Kamal will talk about that as well. But uh section 62-3724
on page three section 4. This is the uh portion of the code that was adopted I think in 2019 due to issues that came about in North Merid Island. This requires a special modeling program for anything developed north of Paul Road. It's only been used by one other
subdivision to my knowledge, Pine Grove subdivision to the north that's being developed by Titan. And so it is a special criteria uh that is to ensure that as page two of this uh project um
says there will be no net change in the rate of volume of flood water discharge from pre-development um flood planes. So that is a site plan issue. It doesn't say you don't approve new nothing in the code says you don't approve new zoning because of existing
flooding problems. we just can't contribute to them with this development and they won't. The other issue that was raised is the condition of this road. It is a a a squirly road. It's uh got a 90 two 90 degree turns. You'll hear about accidents that have happened. It seems
like people do not listen to the laws and in fact there are speed humps on the road and people say there are too many trips on this road, too many cars on this road. But in order to put speed humps on the road, which was just done recently, there had to be less than 1500
vehicles per day. So this, although it is an unusual road, it's not got too many trips on it, and this won't generate too many trips. Page six is the FDOT uh basically generation manual of what
you can have your average daily trips. And if you look at the third column, a two-lane road, level D, which this would be under the county standards, in theory, they could have 14,000 trips on that on that road. It doesn't make sense to have 14,000, but this road is not at
capacity. If there are issues with people not abiding by the speed limit or things like that as page five, which this was pulled from Bvard County, they should contact the sheriff's office. And I understand that doesn't always work, but um the speed humps are there to
hopefully help, but there is limited traffic on East Coast of Fully Road. Also, issues were raised about the drawbridge and how that contributes to people getting in and off the island. The drawbridge is not open during peak hours, which generally is when people
complain about traffic. So, on page seven and eight, I just pulled this from um the oh the cruising authority. It was actually a marina website and it talks about the hours of operation that uh the crystal makulla drawbridge is closed
between 6:15 and 8:15 and 3:10 p.m. and 6 p.m. So I understand these are issue these are issues that have been raised for anything that's been developed in North Merit Island and these aren't issues that can be solved with this particular development and won't be increased by this particular
development. So with that, we're requesting reszoning from RR1 and AU to SR with the BDP limiting this development to 61 units. Um, with that, I'd like to introduce Katie Peek to tell you a little bit about Miranda, what they plan to do, their price point,
things like that, and then Mr. Kamal will talk about the concept plan that's been developed. It hasn't been reviewed by staff, but it's a concept plan to show the one half acres and the access and things like that. >> Thank you. >> Thank you, Kim. >> Hi, good afternoon. I'm Katie Pek, director of land acquisitions for
Miranda Homes and just here to present the project with Kim um on be our behalf. We've had um we're currently building an island forest preserve and have had great success out there and we had the opportunity to um purchase this property and um with that we've taken a
lot of good care and review of coming up with a with a concept plan that works really well on halfacre lots in the upland areas of the site knowing that they are that the property is primarily wetland. So there's a lot of preservation that's going to be occurring and obviously as we go through the construction planning, the
engineering, we'll make sure that we follow the model that is being required up in the area and um there's a concept of basically the monument uh entry that we're looking to do and we'll be looking to build the same product that we're currently building in um Island Forest Preserve.
>> Okay. >> Thank you. >> Thank you, ma'am. Good afternoon. My name is Assan Kamal with BSE Consultants with a civil engineer for the project. Uh just a brief overview of the project in a little more engineering detail. The
site's 142 acres on the north side of East Chrysafoy Road. Um, of the 142 acres, the development footprint based upon the concept plan that we provided you copies of and you see on that uh map is approximately going to be
approximately 50 to 55 acres is what actually we're developing which means about 85 to 90 acres of the property or about 60% is going to uh be preserved either as existing wetland preservation areas or upland buffers that are associated with that. So, uh, a
relatively small less than 40% of the property is actually slated for development. Um, the current plans anticipate a total of 61 lots. All will be a minimum of a halfacre size uh, consistent with the requested zoning classification.
The lots will be served by the city of Coco for portable water and we'll have an on-site sanitary sewer lift station which will uh, collect the domestic waste and pump to the existing force man on Chrisley Road. So there'll be no septic tanks associated with the
project. Uh drainage for the site will be provided by a series of pipes, inlets, and the storm water ponds that you see. Uh the plan that you see is preliminary in nature, but we uh are well aware of the very strict storm water criteria that's applicable to this
area. We've already had some preliminary meetings with county staff and their consultants regarding the detailed model and have started working that uh and uh as we go through the process when we go postzoning into the land development portion of we'll continue working with
staff and the requirements are that any of these projects that are within that we have to do a basinwide model and confirm that there's no adverse impacts from our project. So in addition to the state state criteria that we have to meet, we also have to meet some very
strict uh project specific criteria from Boulevard County. Uh the proposed wetland impacts to the site are minimal. We're subject to the limitation of 1.8% of wetland impacts, which is approximately 2 and 1/2 acres. The
concept plan that you see in front of you uh is consistent with that limitation. and we're going to be under that and that'll also be resolved both with Bvard County's Office of Natural Resources as well as with the local uh
or the state agencies. Um I think that's all I have on my presentation. Uh Mr. Zena talked about some of the audience comments which are generally deal are dealt with during a detailed engineering and site plan approval through the county and I'll be available to answer any specific
questions about the concept plan. >> Okay, Mr. Chairman, can we do we want to start drilling now or wait till the end? >> We can do either or. I can go out for public comment and see what we have and or do
>> well maybe if we ask some questions it'll minimize on some of the questions that public may have. >> Okay. Well, let's drill down. >> Husan if staff you may want to answer this for
me. Have we if we left it agg which it is now what would their single family residents entitlement be?
>> Are you a over the entire property or leaving the ace of property R1? What would under normal conditions what would they be allowed to do under a
>> so under under the a in that RR1 that they currently have they can have >> 70 units I believe it's something like 40 something in the AU >> repeat that number >> 70 total right now would be 40 something
units in the AU and I believe something in the RR1. >> Okay. >> But that does not account for wetlands. Thank you, Alex. >> Okay. >> Uh the road east crystal fully.
Have you done any analysis of the road configuration is in that it's it's width it's it's really I mean without a lot of people are going to tell you it's substandard it's
some areas it's 17 some it's 18 and every now and then you might see 20 so it's uh >> um we we haven't done any structural analysis or any uh I mean we've done surveys. We know the road widths in front of the project. We're aware where
the speed limit. Uh we know that a project of this size that we're proposing would add, you know, based upon the IT trip generation around 600 trips per day or 60 trips per hour on the peak hour. Uh but we have not done a
structural analysis of the roadway. >> Okay. Did the um you've actually got two accesses to this property. You've got one that's further to the north and
it's in the first bend that we're going to call the first 90 degree bend. You have access to this this piece of property. Did you have you looked at that to do any >> geometric the >> alignments or anything? The challenge
with any access besides what we've shown is that would involve significant wetland impacts which would uh push us over the 1.8% uh limitation. >> So it's beneficial to you more so than
the people that may live up there. >> I know we've we've looked at the north one. We don't have any ownership to the north. Um, but I I know going to either the east or the west or even shifting the driveway or the entrance location
further west on uh on Christophley would require would involve additional wetland impacts. >> Yeah. in your technical analysis that you going to do, wouldn't it be worthwhile to take a look
at that and see if it falls within the scope of this project? >> Uh, we can certainly make some estimates with the wetland impacts. We'd obviously have to work with the state as well as Bevart County to see what those total wetland impacts would be. See, some of
the things that I see is Chris Foley's some improvements have got to be made and it's right on we're right on the threshold right now and technically we need to
you're the last guys in. So this is always when the last guy gets to not really reap from the benefits but make the necessary improvements from what everybody else has done the subdivision way to the east etc etc too.
Uh they didn't have to do anything. Nobody's had to do anything to Chris Foley and and I am just extremely reluctant to allow anybody else in there without, you know, some improvements have got to
be made. And it's easy for me to say, but it's all prescriptive rights. So, let me tell you, nobody's going to raise their hand and say, "Hey, you come get my 10 acres or five, you know, or five feet." So that's that's a situation now.
Um, did you did you all look at to the north is Dal Bora and it and it's on paper it looks to be so simplified to get
to to have access to the North Park and and eliminate I mean it's easy for me to say but you can eliminate some of the impact that's going to be added to East Chris Foley. >> Um, >> did you all even think about that or
>> my under well I I know they don't own the property to the north. Uh, the other problem I think is my understanding the roads to the north are not public rightways. They're private lanes. So I we haven't evaluated what those improvements would need to be in order
to bring those up to uh acceptable public rightaway standards. >> But I don't think they're public roads right now. Husan do I think you've heard it from probably 500 people before you got here but you
haven't heard it from us. Um there's a lot of water up there. Is there possibilities that you guys can expand uh your retention areas to accommodate
some of the East Chris Fully water? Um is there is a possibility we obviously have to study that very detailed model and work with county staff on that. Uh we've got a even before doing the engineering we've got a pretty good understanding of where the
water is coming from and the volumes associated with it and how to deal with that. Um, so if there's opportunity there, working with county staff to, you know, to slow that water down or accommodate some of it, uh, and still meet the the criteria and and we're
capable of doing that, we'll certainly evaluate that and see if we can work it into the system. >> Well, I don't know how far this is going to go. So, that's just some of my thoughts initially because that's I have a little knowledge of that, you know. So,
>> that's it. Chairman. Mr. Chairman. >> Yes, sir. >> Having an order to ask a question about wetlands at this point. >> I'm sorry I couldn't Can is your microphone on? >> Thought it was on. Would I be in honor to ask a question
about wetlands at this point? >> Yes, that's fine. >> We were hearing just now that you've met the 1.8% requirement for preserving wetlands. >> Um, >> I'm having a hard time getting that. Can you get a little closer to your microphone?
>> Sorry. Thank you. We're hearing that you met the 1.8% requirement for preserving wetlands. Um, and maybe I'm not understanding, but I'm looking at one of the maps. This is FU
LUCCS wetlands, and this shows nearly half the property covered by wetlands. So, I'm wondering, is this irrelevant? Am I looking at the wrong thing or if not, >> how do you handle this?
>> Well, so the process is it's um we're limited to impacting no more than 1.8% of the total property. So we've got 142 acres. So we're maxed out at around I'm giving you rough numbers, 2.5%.
I'm sorry, 2 and a2 acres. So, we have um the the client has hired environmental uh company to go out there and field flag the wetlands. They're in the process of meeting with the state agencies to verify those lines. Um and
those are very very close to what you're seeing on the plan right now. Um but that's all going to be done through the permitting process uh both with Bard County and the water management district. And Bvard County's criteria is the one that's 1.8%. 8% the the water management district doesn't have that
criteria. They have different criteria for what's allowable, but that's really going to be governed by Boulevard County. So, uh that's something that happens through the detailed subdivision approval process, but just to kind of give you an idea and
you I don't know if you have the exhibit that shows that on the maps that we provided, u the heavy green line is the preliminary wetland lines. uh the heavy green coloring, I'm sorry, and the lighter green coloring is the upland buffers that would be preserved around
the wetlands. Uh and everything inside it we've um identified. You can see some of the red shading and hatching. Those are areas that are uh on a preliminary basis would describe the areas that are going to be uh impacted. And that's
that's what's less than the 1.8%. 8%. >> Thank you for responding. I'm not sure if I understand, but I'll listen. >> Okay. >> Okay, Miss Ruth, >> do we know approximately how many acres there are in wetlands on that property?
>> There you go. Thank you, Ruth. Um it's it's probably pretty close to the 85 to 90 acres and we haven't done a formal delimination yet, but we're preserving almost all the wet. Well, let me take that back. It's going to be a little bit less than that because some
of what you see in the light green is or uplands that are going to be preserved associated with that. So, I would probably say somewhere between 70 to 80 acres of uh of existing wetlands are on the property. So about half then
>> in round numbers. That's that's accurate. >> Okay. >> Thank you. >> We have any other questions there for the applicant, Mr. John? >> Yes. Uh Kim, hi. Um, you said you're
putting one unit per acre on the entire site. >> We're actually going to put 2.33 one unit per 2.33 acres because we're limiting oursel now to 61 units even though we could put 70 by the existing zoning now
>> by the AU. Um, the flag lot 23 2316617 is designated to have quarter acre lots. You mean the property to the to the to the east? >> To the east of it. Yeah. Which is in part of yours?
>> No, that's not part of ours. That was Island Forest Preserve that was developed by Chad Janoni. >> That was >> No, not the big one. The smaller one. It's got your name on it. Strata. >> Oh, well, it's all it's all being resoned. It's all those four units of those four parcels have all been
combined for this resoning. >> Okay. So, you're not going to keep that one quarter acre designation? >> Well, I don't see that on my map. So, >> yeah, I know it's not shown on your maps, but it is shown on the U appraisal
district website. >> Um, that is it 515. Is that what you're talking about? >> That's not part of this. If that's the flag lot, >> no. 6617. No, that's that is part of this zoning application. So, yes, that will be
pulled into that. >> Okay. So, that'll change that what the original designation was. >> Yes. >> Okay. All right. I'm having difficulty bringing up on my computer here the wetlands. >> Well, this is in your package, the map package, >> and that's Mr. Wise.
>> All the white on this is uplands, right? So that's that's what where the development will be is where the the white where the uplands will be. >> Okay, that's all I got. >> I have a question for staff. >> Yes, Miss Ruth.
>> Um for staff, can I get some clarification, please? Um if about half of it 70 acres is in wetlands would that make it unbuildable to five acre um one home per five acres if it's in 70 acres is in wetlands
I asked him how much was in wetlands he said roughly about 70 acres wetlands doesn't that it would be one home per five acres in wetlands >> yes in wetlands it would be one home per five acres but they're not constructing
in the wetlands and so they can impact 1.8% of their total acreage of wetlands. So they can impact 1.8% of the 142 acres >> right >> of the wetlands.
The question was asked if um currently how it sits could it how much could be developed out and if it if half of it's in wetlands and it takes one home per 5 acres instead of one home per 2.5 acres wouldn't that be considerably less than 70
>> well Jane is from natural resources is also joining us but I also believe as Mr. Hassan already stated that they can only impact about two acres of the wetlands. >> So subdivisions
um they are under our code they train stated it correctly they can impact 1.8% of the total area of the parcel the acreage. No, I understand that. I was just I if
it if it weren't developed into subdivision, I was trying to come up with the number of homes that would be sitting on that property. >> That's all. >> Let me see if I >> Let me see if I understand this. So >> So it's a now so that's 2.5 homes per
acre, but half of it's wetlands, which would limit it to one home. >> I said that backwards. It's a now. So it's one home on two and a half acres. But if half of it is wetlands, then that's one on five. Is that what you're getting at? Yeah. I So I follow. So
that's not 70. It's half of 70 plus >> it's actually not the way to semantically >> semantically that makes it sounds good, but it it doesn't relate that way. Am I trying to answer
you? It somewhat of the opposite. I mean, it >> I I understand >> they're going to be on smaller lots. >> Sure. >> Yeah. >> But but >> but in in a hypothetical sense, when you ask how many homes could be built on the
property the way it's zoned now, >> two and a half, >> you can't just blanket it with two and a half because part of it wetlands. So, some of those would have to be on five. Is that right? Am I am I doing that math correctly? So, because this is a subdivision and not
just an individual lot, they'd have to do a subdivision. And so, that particular part of the code, from my understanding, wouldn't apply. They couldn't do one unit per five acres. They would have to do the 1.8%.
Is that correct? That That's correct. The 1.8% 78% is basically one unit per five acres. It's just been uh calculated out. Usually, it's for smaller lots that come in that are under
five acres and that are were established post 1988. So, if they don't have five acres, they could impact 1.8% of the property's wetlands. For parcels that are greater
than five acres, they could do the 1.8%. But for subdivisions, we just we usually just go ahead and it's the 1.8%. So is 70 the way that it's zoned now. A
you could put 70 homes with the wetlands that are there. >> So what is that number? Do we have that number? Are you in a hypothetical are you saying the 70 acres as one parcel itself or
>> as it's zoned right >> two and a half acre the way that it's zoned with a it's really the same question Henry asked is the way it's zoned now how many how many lots >> buildable lots >> so the way that it's zoned now with that
just the AU portion not the RR1 portion The AU portion would be 7 47 lots. That's not with counting the wetlands. With the wetlands, they still would only be able to impact the 1.8% of the total
acreage of the wetlands or total acreage of the property in wetlands. I think ultimately what needs to happen is a wetland study needs to be finalized so that we can calculate out what the actual acreage of wetlands are on the property as a whole and then deduct that
based on the 1.8%. So maximum is 70 units right total right now in the in the best pristine condition but with wetlands it'll obviously drop down. >> Okay.
>> Exactly. So, I think we we we do need that number. Yeah. >> To make a good decision. >> Okay. Thanks. >> Miss Kim, could you come back up please? >> I did I I just want to clarify um the zoning is RR1 and AU and with strict
zoning the max could see 70. the wetlands, the access, the road, what has to be improved. Those are all site plan issues that are not before you yet. You can ask for conditions to be added to a BDP such as the 61 units. But the, you
know, the SR, the halfacre lots is what we're trying to do. And if it comes up that the wetlands are greater than that and we can only do less than 61, then we have to do less than 61. But wetlands is a separate criteria from zoning. And any other questions?
>> Okay. >> Is there anyone in the audience want to speak for or against this item? >> Sir, if you would state your name and spell your last name for the record, please. >> They always want me to come up first. So, anyway, my name is Terry White. Whi
t. and I live just south of this proposed development. Okay. Uh my neighbors if they're going to come up will talk about the traffic issues, but East Crystal Fully cannot handle the current traffic issues, the condition of the road and
that. And uh we've been asking for a traffic survey of the road that would spell out that it has a lot more cars than what they're saying is on there. So the last little bit of study they did was reference to the speed humps and they only monitored down where they wanted to put the speed humps and a lot
of people turn north or south prior to the speed humps. So anyway, the developments that have been built in the past 25 years in this area have raised the groundwater levels. The retention ponds hold water, but they
increase the water level of the surrounding area at the groundwater levels. My land stays wet longer after storms than it did when I first purchased the area. Officials say it is because I live in a bowl, but it was not always a bowl until the development of
the past few years has made the water levels in my area rise up. I was not required to have flood insurance on the property in 1993 when I purchased it. And bottom line is my land isn't sinking. The water around there is
coming up and impacting my land. Uh in 1968, Congress created a flood plane management plan. And I'm interested is does this uh project comply with the federal plan? Does Bvard County's water management
comply with the federal plan and does North Merit Island comply with the federal plan? Say, and then I want to know, are the developers aware that the current pumps on Pine Island Road and Hall Road that handle the storm water like the recent storm we had in October?
Uh, have they figured out that that's handling the water up here? Because it's not. And it's even worse when Blue Origin turns on their pumps. So, uh, last thing. All right. I I thank you for your time. >> Thank you, sir.
>> Yep. >> I asked though, is there anyone in the audience want to speak for or against this? Because if there's a bunch of people, I don't know if you want to get one spokesperson. You get longer than two minutes in. I mean, I would work with you.
There's no one else wants to speak for against this. Okay, because we just >> if y'all any of these folks were in that meeting the other night, is there anybody that can speak for a fistful of this? >> You want to do that?
>> The only thing we're trying to prevent, ladies and gentlemen, is we don't want to hear the traffic. We don't want to hear the flood. And we we've already heard all that, >> correct? >> You know, if you have a new item, please come forward and speak. And it but if you're just saying the same thing we've been hearing,
>> please bear with us. >> Well, it is the same thing. I mean, I've been out there 40 years. >> My name's My name's Robert Adams. A D A Ms. And I know that the road is substandard.
I also know that it was put together for orange trucks and buses with workers on it. And the groves were pumped all the time. My house is 2 feet above the crown of the road. And I had water this past time 6 in from being in my house for the
first time in 40 years. That's after the little subdivision up the way. And now you want to put another one in. And as far as anything new, I don't know what else could be new. We don't understand why they don't
listen to us when we tell them that. Does anybody here know whether or not all the figuring you've been doing, did the 17 in of rain get that memo that you we're going to have too much water up
there the last time in October? And how many of you walked this preserve area that you want to be in after that rain or during that rain and tell me how much of that was still above the water? that are things that you need to think of when you're cranking houses out here.
I mean, it's just we don't have I can't jack my house up. I also heard the last time that when they look around for building homes out here, when I built my home 20 40 years ago, I had to build 2,000 square feet on an on my acre or I
couldn't build. I last time I heard it was 1250. So everything changes except for the surrounding area. We don't have anything and we don't know who else to speak to and they use goofball studies for cars
and it doesn't do us any good. So that's what most of these folks here are >> fussing about and we just don't >> if you can the microphone. >> I'm sorry. How much teeth how much how much how are the teeth of this group any
good when you go to the commissioners or do they blow you off like they blow us off? >> I can think that's our question. >> All right. >> Okay. Thank you very much. I >> thank you, sir. >> Appreciate the living daylights out of it. >> Okay. >> Good afternoon. I'm Mary Watkins. W A T
K I Ns. I am a native Flidian. I have worked for the county in building development. I have worked for St. John's River Water Management District and flood control data collection. Both of those were over 10 years worth of employment. And I'm aware of a lot of
the situations. Water takes the path of least resistance. Yes, you've heard about flooding. I'm going to ask the engineer directly, how many times have you been out to North Merid Island after the rains? Any amount of rain, 5 in, 15
in, 17 in, I don't care. I've lived out there since 1985. I have seen the water get progressively worse. Anytime you dig through a hard pan, which was done in Island Preserve to build their little lake,
you're pushing the water somewhere else. That will happen. That is a known fact. I question you cubicle engineers, and I call you cubical engineers because you sit in front of a computer and model. Come out after the rains and look at it.
That's all I have to say about that. Now, with regard to traffic, I have had to sell my Mini Cooper because I can't get it over the speed bumps. I have a neighbor that sold a Maserati because he couldn't get it over the speed bumps. Nobody asked us out on Broadacre Street
if we wanted those speed bumps. So, I think we need to look at everybody that has been there for some time and consider that. And my next question also is, how much dirt are you going to bring in to bring the level of this property
up to at least 2 feet above the center line of which road? Thank you. Have a great afternoon. >> All right. Thank you, ma'am. Well, getting back to the subdivision, the flooding, the
traffic, etc., etc., is pretty much everyone's concerns. Correct. I would highly recommend everyone here that wants to speak go to the county commissioners meeting. We are just an advisory board and what's in front of us
right now is just zoning. You know, it's not about they haven't even went through permitting or even started the process. And once that happens, they're going to be held to a very high standard. And the man that was doing the speaking right here has been
here longer than probably all of us put together. So, and he knows Merit Island. He lives there. We're we're discussing. So, I mean, I still will bring people up, but I mean, we're well aware of this. Everyone on the board knows
everyone's issues. Go to the county commissioners meeting because we are just an advisory board. And the only thing we actually have is we need to determine whether or not we want to reszone this and then they're going to be going
through hoops to make this happen because there's Kim, if you could come back to the mic, please. You still haven't delineated a wetland upland. Is that correct? >> It has not been approved by St. John's or the county to my knowledge. >> So, see when that gets either expanded
or shrunk, the engineer there, you've been doing this a long time. that's going to determine units. And Jared, what you said, in fact, I need to bring this back to the record. Items H1 and H2. I didn't mention Jared's name. He made the first motion.
But anyway, uh it's my only claim to fame. >> Uh today, >> can I ask a question for the staff? >> Yes, sir. Um, not sure if I'm in the right order, but I'd like to know,
we read in the notes that the transportation corer will not be affected adversely by its this traffic. I'd like to know how when the the last study was done of traffic in that corridor, the study that you're basing
your recommendation on. So there is no available data for East Christophley. The preliminary traffic concurrency was done for the segment of uh North Kourtney. That is the closest
um traffic concurrency points that we can get. So I'm not able to answer the question about the traffic on East Christophley >> and the study of North Courtney was when
>> the last traffic count would be 2024 was the last traffic count for um >> see thank you >> North Courtney. Does the board have any questions for either Kim or the engineer? >> Yeah, I've got some suggestions. Uh Han,
you want to come back up? Um, is when you're doing your analysis on the drainage, can we try to take into account
a broader or a larger retention area that can handle the water from both the the the portion on the on East Chrysafoy
as well as the subdivision. Can we incorporate those two distributions? Um, so I want to make sure I understand your question. So your suggestion would be when we're doing the subdivision
design analysis and the storm water design >> to take a look at the drainage that's coming from the portion of Crystal Foley Road adjacent to the property and see if we can >> yes >> incorporate that. Um yeah I mean that's something we can certainly do and see what the impacts are. That's that's that's a feasible process to go through.
>> Kim, you understand that? >> Yes, sir. >> Okay. because if if this board does any approving, I'd like to put that into BDP. I I don't want that to get away because I think it's extremely critical.
Um Kim on this I'd like I read your DDP and I I went through it and you didn't have uh and this may be a
little out of the ordinary but I want to do an NTE. You're an attorney know what an NTE is not to exceed. Okay. >> I know you'd be happy about it. Um,
you know, I' I'd hate to see that area if it's approved to exceed 60 units. So, I mean, >> are you okay with 61? I know I know you guys you guys are going to get in there and you're going
to do the couch and there's going to be 68. >> We we've agreed to limit it to 61 in the BDP. I can't answer. Miranda will have to answer as to >> Okay. But uh if that's in there, I'd like you to put it in the BDP. >> Yes, sir.
>> Okay. Uh there's no reason why they can't you guys can't collect some data for the county to do the ADTS on the on the road.
Uh what's what's likely and that's you're absolutely right. What likely is going to happen or what does happen with each of these subdivisions is that when we go through the land development process, staff will require a uh a traffic impact study which will include
the the traffic volumes on Chris Foley. Um and a a you know, we'll obviously hire a traffic consultant to do that and make the evaluation as well as >> traffic volumes and and trip distribution for Chris Foley.
Well, I was just trying to beat the staff to it, that's all. If that's what I know the staff's going to do it. Uh, >> do you have any indication what the finished floor elevation's going to be on the houses?
>> Um, we we haven't obviously said any, but I would expect that that site will probably take at least three feet of fill for the finished floor and maybe a little bit more in certain places >> above the above above the crown of East Chris Foley. Well, above I haven't done that analysis compare the crown. I'm
talking about above existing grade, but if I look at that as elevation, I could do the comparison, but I don't have that information right off the top of my head >> because I think that's extremely critical. What the newer houses are
doing, I think is imperative to what Miranda would like to do in there as well. >> Yeah, agreed. >> Yeah. Okay. Those were some comments I had. And I know Kim, you marked everything down,
I'm sure. >> I guess I have a question for staff. Um, I know you said under pristine conditions we'd get 70 units in there. And I guess I'm still stuck on how many units would actually fit. So for me to
make a decision, it feels or a recommendation feels like we need to know what's more realistic. It was sort of Jared's question that you had asked previously. We don't have an answer to it.
>> Again, the the previous answer, it's still the same answer. Without knowing the total amount of wetlands on the property, we could not make a determination of actually how many houses they could actually fit on there. >> Now, if I could just add on top of that
another layer, I believe um Mr. Minibu referenced, but you could set that as the cap, right? I mean, 61 maximum subject to the wetlands. I think that's implied already because they have to go through the subdivision plan and meet all the county codes and regulations. So
again, it's until we can identify what acreage is the wetlands, that will dictate how many units can be developed. >> Okay, Mr. Chairman, >> are you good, Miss Erica? >> I think I am good. So you're saying so
as part of the binding development plan, we would say subject to um what's buildable, right? Subject to our rules and regulations regarding flood planes. >> If that's the pleasure of the board. Yes, ma'am. >> Right.
>> Okay. >> Okay, >> Mr. John. No, I just it's difficult for us to make a decision on this when you don't have all your information together. We don't know the wetlands. We don't know what the uh traffic analysis
is. It's just, you know, usually when people come before us, we have more information to make a intelligent decision on this one. I don't think so. I think we're we're we're guessing. Okay. And it's always, you know, well, we'll look into this, we'll look into that. Just give us the zoning first and
then we'll proceed. I don't know. I would rather have more information. >> Can I respond to a couple of those comments? >> Sure. >> Um, so specific to the wetland question, I and maybe we did accurately uh convey
the status of the lines that you see here are preliminary and basis. It's been a substantial amount of fieldwork that's done that. What hasn't been done is that we haven't taken the agencies out and the process this is just the way the process works. Once an environmental consultant uh delineates it then they go
out with the agencies that confirm that and that just the nature of this business is that just happens at a later process. So we're not we're not guessing where the wetland lines are. We got a very very good idea and they may change a little bit when we go out with the agencies. So, we're very very comfortable that at the end of the day,
it's going to look very very similar to what we've conceptualized on the plan. Um, the traffic, I don't disagree that there hasn't been a traffic study done, but we also know that we've got 61 units. When a traffic study is done, there's established trip generation
rates that all the traffic consultants use that that uh assign a number of trips per unit, and that's generally between nine and 10 trips per unit. So, we're looking at about 600 trips per day uh out of that subdivision. And so, what
the we haven't gone downstream and seen what you if there's any impacts to intersections that, but we know the traffic volumes are coming out. So, we do have some of that information and like we mentioned and committed to earlier that those traffic studies are gen for a project of this scope are
generally done at the land development process. >> That's true. Uh tell me go back to the wetlands. What maps or data are you using for the situation there currently? >> Well, they they go out on the site and they walk the wetlands. >> No. Have you done that?
>> I'm sorry. >> Has that been done? >> Yes. Yes. That's what those lines are from. They look at the vegetative indicators. >> No, I know how I know how it's done. >> Water levels and so on. >> But my question is you're not just using the maps from the county. >> No, no, no. These are all based upon ground truthing. walking the site,
spending days out there evaluating vegetation, water levels, soils, so on. It's a it's a pretty detailed process. It's not just done based on aerial photography. >> No, I understand that. Um I just wanted to know what you were using because the maps from the county are from the 70s.
>> Yeah. No, we're not using those maps. It's based upon actual condition >> as of the current conditions. Yep. and and what he's telling you is the truth because I I looked at the study so that he didn't arbitrarily he didn't have
anything to do with it so it's pretty good that I' I'd said that wrong. Um Busan's extremely capable and it just that wasn't his data but it was professionally done. >> Yeah. I just wanted to make sure that you actually did that boots on the
ground rather than take the existing data that was available through the county. Yeah. Okay. Thank you. >> May I ask another question? >> No, sir. I'm sorry. You had your shot at us, but >> I haven't yet, but I was still waiting
on comments from the board back to the applicant or the engineer. >> Seems like we kind of got off of format. Were there is public comment closed? >> No, not yet. >> Okay. >> Okay. I have some, but I can wait till
after that. Is there anyone else want to speak for or against this item? Okay, sir, if you would come up and state your name and spell your last name for the record. My name is William Bell. B L. I live on
East Chrysafoli Road. Uh I'm curious about this fill section they keep talking about. They're going to bring the level up uh 3 to four feet. Back here a year or so ago, when I wanted to put a shed on my property, I was told I couldn't change the elevation. I couldn't do nothing. I couldn't bring no
dirt in. I couldn't take no dirt out. How do they plan on bringing this this level up? >> Sir, that's going to be all with design, with the engineer, with storm water retention, etc., etc. >> All right. And also, can I leave these
pictures here with the devastation? >> Well, you would have to get those checked in over there. >> Okay. >> Over here. >> Are you Are you done? >> That that was just to comment the Phil section. I just wanted to show them pictures of the devastation. uh of uh
the the uh uh my forest preserve that was supposedly not going to impact any flooding on the road and probably 80% of the water on that road's coming from there. >> Okay. >> Anyone else want to speak for against this item?
>> Sir, if you would come on up. Hopefully, we know the drill now. State your name and spell your last name. >> I did. I'll make it quick. My name is Chris Cook. C O K. I'm representing the North Marin Island Homeowners Association. They sent me down here. Uh
we're 400 over 450 homeowners north of the Barge Canal and they uh reviewed this application and recommended denial on it for many of the reasons you're looking at the flooding the roads. There's people came there's
I think when the the road is completely overflow they couldn't get access when was stranded in her home for like three or four days she couldn't get out. Um so we're looking at last year um the past last year state of Florida had over eight 100year floods in the past year in
Bvard County and five I think we've had a a one in a thousand year and one in a 500year flood. And not only is this in a a flood zone, um it we have to evacuate. You also it's in the surge zone. You don't talk about the surge when a surge comes. So anyways, it it's it's messed
up. And so adding more increased density to this area just doesn't make sense. Um we recommended that they do also what wasn't talked about yet was the charact the rural character of the neighborhood. Halfacre lots are not rural in character. I think what might be a good
solution here is to make them put in 1acre lots, have it the SEU zoning on it. The wetlands will take care of itself. Uh they'll be about roughly be about half of what they want to put in 61. Um but I think it'll increase the
land values. It'll increase the impacts on the road and the flood in the whole area. And it's just something to think about is and that's all I had to say. Thank you. >> All right. Thank you, sir.
Anyone else want to speak for or against this item? All right, I'm going to say it one more time and I'm going to close it. Anyone else want to speak for or against this item? Okay, I'm going to close it for public comment.
Kim, we bring it back to you and board. Do we have any questions or anything for Kim? Uh, Kim, do you did you get everything I had suggested? >> I I do. And as I started off this presentation earlier saying we would limit to 61. If you're dead set on 60, I
I need a response from Rhonda. I can't >> Let's don't debate over one lot. >> Okay. Okay. >> So, and again, before we go to preliminary plat, a traffic study will be done on this road. We will do whatever the county says has to be done to upgrade it. If some of this was
caused by Island Forest Preserve, the developer, that should be taken into account as well. Um, Mr. Janone did put in water, sewer, and reclaim, and he did go back and fix it. I've heard from the residents he didn't do a very good job, but again, that was done. Um, the the
county may require a performance bond. We don't know yet, but they they don't want to harm anyone. They want to look at the water, which Henry will put that in the BDP. Excuse me, Mr. Menibu. And um again the reason they're seeking SR
is because of the wetlands. Preservation of wetlands and clustering is in the comp plan and in the land development regulations. That's to keep the wetlands to do their jobs. So that is why they want to build just in the uplands and only impact 1.8%.
The conditions of this property don't allow 1acre lots. Otherwise we'd ask for R1. They've done the engineering. Um this used to be a lands. It's not a lands anymore. It's got wetlands that weren't there before because of the agriculture and the ditches and things like that. So, this property has changed
its use. It's no longer a. The conditions have changed where it's no longer usable for a and they want to put in subdivisions, single family homes, one half acre lots which are compatible with the area. Single family to single family quarter acres to the east, one
half acres here, and then one acre in other sizes. Uh there's nothing in the comp plan or the administrative policies that says anything about you must show what your wetlands are when you're asking for a reasonzoning. You just have to show the changing conditions of the lot. Your staff report shows that we're
meeting the administrative policies. It even talks administrative uh policy 7 on page eight of the staff report about the compensatory storage the code I showed you in that packet. This is a very strict standard. Um, Hassan has said that he will look at trying to take
other water in and he already knows about the canals. He knows what's going on up there. I'm sure he's going to look at the pumps. He's going to look at what Island Forest Preserve did. If water is now coming to this property from Island for Preserve, he's still going to have to take it, I mean, into his calculations. So, this is all done at
the preliminary plat stage. The staff reviews it and this is just zoning if it's compatible with the area and it makes sense. If we could do 70, we're asking 61. Going to limit it to 61, just have smaller lots and preserve a ton of property around around the home. So,
there will be buffers as well. Uh, with that, we'd ask that you approve the resoning from RR1 and AU to SR with a BDP. The BDP will include the limitation of 61 lots >> and the other >> and the other looking at the whole
entire basin. Thank you. I have a question for Kim. >> Hold on, Miss Kim and John, please. >> You know the study that the county did on the flooding in the area that was presented to the homeowners association?
>> Are we talking about the study of Fay from 2008? >> No. Uh the one they did a new engineering program. It was two years ago. >> Yeah, that was approved two years ago. >> Right. Okay. Is that how will that affect this property? That's what that's
what resulted in that code section on page two of the packet I gave you. So it require that they have to use this two terabyte modeling program put all their data into it and see if it has no adverse impacts. Uh Pine Grove subdivision to the north had to use that
as well. It's the only other one that's done it. It's very difficult. In fact, Pinerove had to hire the consultant that made the program to make it work. Right. >> Is it a past fail? >> Uh no. It's it's basically it is pretty much it's like you have no impacts, none.
>> Okay. So, with your increase in the elevation on this property of 3 to 4 in >> feet, excuse me, you said feet. >> Feet. Yes. >> He has to bring in know that exactly right. >> But it's it's going to be in the uplands to where the houses are going to be
developed and then the engineers do their >> So, you're going to build a hill in North Merit Island. That would be nice. Except for all the neighbors that are going to get all the runoff. >> Well, that's why they have to compensate for that and use that modeling program. They can't. They're not allowed to impact others and they're going to have
all the wetlands. >> It's like your neighbor's not allowed to put this fence on your property, but they do it anyway. >> Not on mine. They don't. >> I know. >> Thank you. >> Thanks, Kim. >> Do we have any other comments from the
board? >> Mr. Chairman, I have a comment. >> Yes, sir. Ron, you've been quiet all day. >> Uh, this went before the North Merit Island Board and they recommended
denying it unanimously. uh I read through all their minutes uh and I tend to agree with them but and one of the reasons for that uh is we're going to use a BDP to establish a
consistency between the land use and the zoning. Uh this issue came has this process has been used several times in the past and uh the county commission decided we don't want to do that. We
want our zoning and our land use to be consistent. Period. They even passed a passed resolution or regulation says we can't do that. And then of course the state comes in and says we're going to
abolish your home rule and you just have so whatever you want to do you can't do. But until so some other counties uh created a lawsuit against that uh home that u Senate Bill 180, we decided our
county decided not to do that. We're just going to talk to our representatives and see if we can convince them that it's a bad idea rather than going to court to do it. But whatever. Uh, I I still would prefer to follow what the county commission did and not
use a VDP to establish consistency. Uh, >> may I respond? That's completely correct. >> All right. >> I know, John. I I love BDPS. >> I love BDPs, but this is not the proper use of a BDP. >> I'll give one second. And
uh so uh I I just really and and for those two reasons, I don't really I'm just not in favor of this of approving this. I'd recommend a denial. >> Okay, Mr. Ron, I'm going to bring Kim back up to >> fight with him.
>> I do understand there is some disagreement with use of BDPS. This is not in the comprehensive plan. This is in section 621255B. It's been in the code for a very long time. It's been used for 25 years since I've done land use. I know staff doesn't like it. It's hard to track. I know people don't like it because it can be
changed, but it's like zoning is changed because conditions change. What uh Mr. Barter is referring to in the comprehensive plan, the ear that was set up to the state was so you couldn't do it in reverse. You couldn't do a BDP to make a future land use consistent with
the zoning. Here we're making the zoning consistent with future land use. I only know that because of the Dunkin Donut. That's why they did that. When I came and got a uh amendment to the zoning, there was a moment to the zoning, we did a reverse BDP because it was asked by
Brian Lobra, commissioner at the time. So, we made the future lane use consistent with the zoning because they needed a drive-thru. So, it was reverse and we've never been allowed to do it again. And that's what's in the comp plan. And I think Trina will back me up
on that. that that is what the prohibition on BDPs is in the comp plan that was set to the state that has been rejected by the state. Thank you, >> Mr. Ron. >> Uh that was not my understanding. My it's my understanding that the BDP
uh is has been used to establish the consistency between the two between land use and zoning. U that that was his purpose. I don't understand when you say reverse BDP, >> right?
>> I'm not clear on what it is you're trying to tell me. >> I I think Trina would have to express exactly what's in there, but it it's so you cannot use a BDP. What we're doing is making the zoning consistent with the future land use. Our future land use is RES one. With the Dunkin Donuts project,
we use a BDP to make the future land use consistent with the zoning. That's what I meant by reverse BDP. It's the only time it's ever >> Why did you do that? Because you can't attach a BDP to a land use request. You can only do it for a zoning request. >> I understand. And that's what's now in
the comp plan that says you can't do it. But Brian Lober when he was a commissioner made us do it. I didn't think it could be done either. No one liked it. We did it. We recorded in the public records. >> He got away with another one. >> I didn't want to fight. >> I try to clarify if you like.
>> Yes, sir. Please come on up, >> Billy. I was trying not to get you in there. >> It's all right. So, I I think there's there's I think both sides are frankly right. I think I think there's just some misunderstanding. Uh Miss Roseno is correct. The current code section 62
1255. I think it's B2 allows for this type of BDP to cure the inconsistency between the comprehensive plan and the the zoning classification. So this would allow effectively as you can see here
clustering to exceed the res one. That's not that unusual. We even even if we were to change it that could be done. It's usually done through a PUD uh today. But with that said that it is allowed today and we were on a path to
potentially change this. there was a comp plan amendment and then there would have been land development regulations that followed that and ultimately it would have been up to the board whether to change this code section but it was potentially on a path for this section of code to be amended and SB 180 however
um prevents that not only the code but it prevented the the the ear amendment that this board had previously reviewed um from going forward. So as of today the the kind of the the the underpinning to that the comprehensive plan was never amended because of SB 180.
So I will just say there >> that's another attorney's opinion. >> So thank you. >> Thank you. >> Yeah I I understand it hasn't hasn't actually been in effect because of that SB 180. Uh my take on it is it's the
right thing to do and to hell with SB 180. >> Yay. I've got one if I may, sir. >> Okay, Mr. Jared. >> Okay. Um, so I used to live right around the corner. Not as close as Henry lives
uh to this, but uh used to go shooting down Chrisy Road every weekend. Used to hang out down there. Um, and I lived there for maybe five years. And during that five years, we had many family members in the area whose
homes flooded, who these homes have been there since the 50s and 60s. Um, never flooded until everybody built houses higher than theirs around them, putting them in a bowl as somebody mentioned. Um
and so the question was also asked if we have any teeth as this board which we advise the commission as you all know. Um but we don't make the final decision. They don't have to listen to anything we say.
We we are just simply the first gatekeeper before you go in front of them. whether you're for or against. Um I think that anybody can create studies to show
anything they want and reality is is going to show what it shows. And it has shown that this type of development especially in the lowlying area which that is is uh reality is that
it floods people out. it runs water onto other people. And um I I'm going to vote against this. Um for that reason, among others, not to mention the road. I um you know, people
walk their pets up and down that road. There's no sidewalk. Um quadrupling the traffic, doubling the traffic, whatever this may do. I don't I don't you know uh know what those numbers would do, but um it's a it's an old grove road and
nothing's been done to improve it or raise it. And I do know people personally that were trapped in what did we call it? What is this subdivision? Island forest preserve. I know people that were trapped in their homes for three or four days because the
road was 18 in maybe underwater. Um I've been back there. I have a cattle lease back there and um it's wet. I can't even drive my four-wheel drive lifted by 6-in F350 into that pasture
because it's in a bowl. >> So, I I would just um make a motion to deny it um if it's time for that. >> I had a comment.
Okay. Did we already get a second? >> I did not hear it. >> I'm sorry, sir. Your name helped me out there. >> Sorry. I was wondering if I could comment further before we vote. >> All right, I'll hold the motion. Go ahead with a comment. Sir,
>> I think we ought to remember that this area has been through two small unit studies that both recommended that housing density be decreased in the zoning of the area. And because of that and because it's
85 90% in flood zone AE and it's entire almost entirely in the high hazard coastal flood zone. It just doesn't seem right to me to increase the density even with all the nice improvements that they're doing in
their design. >> All right, we good, sir? Yes, Robert. I'm sorry. >> This is the problem I'm having is are we increasing the density? We don't know that. That's something with that we >> this is this is very important for what
we do. We don't know how many houses you are able to put on and in the current state because something's going to be done with this land. Um uh this is an old orange grove that it
looks it looks like uh um uh citrus greening or or something. Got it. And it's not an orange grove anymore. It's just empty land. Someone owns this. They have the right to do things with it. They're going to do things with it. But no. Yeah. This is a little tiny road. No
infrastructure has been done. Uh everyone's flooding. I live in an old neighborhood and no development has been gone has gone on around me because we're all built out. But yet every year that water gets a little higher because it rains more. Um
theoretically all these developments have to keep their water on their site. Um some some engineers do that better than others. Uh, but something is going to be done and I I'm just having trouble because
I'm missing a very pertinent piece of information and and generally staff is very good. They'll come out and they'll say, "Oh yeah, they were going to be able to put this many and now they want to do this many." But today they're like, "I don't know. They might have been able to do
this and now they want to do that." This is this is my only problem. Uh, you know, I um I feel for you folks. I've I moved into a builtout neighborhood. I move my my
neighborhood I moved into is from the 70s and everything was done around it and and um but like I said, the air the the water keeps getting a little higher every year. Um we having more and more
storms every year. So yeah, I'm I'm having a hard time making a decision here. It's, you know, the infrastructure your your houses being flooded. Yeah, that's that's infrastructure. You need better drainage in your neighborhood.
You need better roads in your neighborhood. That's not us. Mr. Chairman made a point that that is not us. We're here to try to look at what's going on and what people are doing with their land and to try to fit
everything together and make a great community. We're not here we're not here about drainage. That's some that's someone else's department. They're supposed to do their job and we're supposed to do ours. Um I would really like that piece
of information though. >> I call the question All right, one second. Kim, if you want to respond question, >> Mr. Brothers, I think it's really clear in the staff report and everything you've heard today that the zoning allows 70 units. The wetlands is a
different issue. The wetlands is a whole different is a site plan issue. So >> So you're you're saying that 70 and you want to do 60 >> 61. Yes sir. That's a very important piece of information >> that that if we don't change the zoning that you can go in there and put 70
houses there >> in in in theory, yes, the wetlands would come in and and but that those are slight plan issues. >> Say that when we as well cuz that's that's not really true though, right? Because this is what we asked
>> and we don't have the equation. So in theory if there were no wetlands 70 houses >> wetlands is not a zoning criteria sir >> I no I understand that but it was asked in a hypothetical manner if there were no it it does matter when you go to
build a house though and zoning giving someone the legal ability to do so it that's where it starts and then what you give them the zoning and then you get past that and then they you know we've got any any number
of studies or things that can happen and then it's another hurdle and another hurdle. I think it's important to look at all these potential issues before we just change the zoning. >> All right. Well, Jared, you made a motion to deny. Is that correct? >> I did.
>> Seconded by Eric. >> Mr. Eric, you second. So, we have a motion by Jared still on the floor to deny. A second by Eric. All those in favor to deny, say yes or no. >> I >> I >> I
>> Can we have a show of hands? Who wants to deny? >> My hand's getting tired. >> Oh my. Can I put it down yet? Yeah, >> you have it. >> Out of how many? 15. >> Can we do a roll call vote, Mr. Chair? Maybe that'll make it easier to count
them out. >> Okay. Mr. John, >> I. >> Ruth, >> this is for denial, right? >> Denial. >> I. >> Jared, >> I. >> Ron, >> denial. >> Mr. Robert, >> nay. >> Erica,
>> denial. Hi >> Debbie. >> Hi. >> Hi. >> We haven't voted on this side. No one said on this side. >> Oh, no. >> No. All right.
Here. Here's what really happens. You now you got nothing. Everything that's in the binding development plan, you just put in the trash. So, everybody here accomplished something by not giving them nothing and
now they get to do 74. Just doesn't make real good sense, but >> that's up to the county commission. >> Oh, yeah. Yeah. >> Okay, Mr. Kim. Thank you. >> Make sure they know you. Yeah, >> that's right. I would.
>> No big deal. Just want to make sure that the record shows that she did abstain from the vote. >> Yeah, she she got it. >> We're going to take a quick twominut recess here. Hey. Hey. Hey.
Heat. Heat. Heat. Heat. N. Hey, hey, hey. Heat. Heat. N. Oh Yeah, he did. >> If everybody would please take a seat. >> No, they're listening. >> Okay, we're going to continue on now with item H4.
What? We're waiting on Mr. Hold on. Item eight. Item H4, Princeton Technologies LLC request a zoning classification change from BU1 general retail commercial with a CUP conditional use permit to BU-1
general retail commercial with a CUP conditional use permit for alcoholic beverages for on premise consumption accessory to a restaurant. application is 25Z000044 located in district 1.
>> Okay. Is the applicant here? Seeing that I bring it back. I guess we don't have an applicant. I have one comment for what it's worth if I may on this one. Um that restaurant has opened and closed a number of years.
What probably been four four or five different restaurants. It's never been successful. They've never lasted more than a year or two. Um it's got very strange parking
situation where you kind of just pull off of US1 anywhere on the property and pull back on. There's there's not there's one defined entrance to the lot, but um there's only a few parking spaces, so people kind of just park all along the road.
Uh so anytime it was a newer restaurant, quite a bit of people just willy-nilly pulling on and off the road, just maybe a concern after they've been drinking. Just a thought. >> Move to continue, Mr. Chair. Second.
Got a motion by John to move to continue item H4, a a second by Debbie. All those in favor say I. I. >> Any opposed? Item H4 will be moved to continue. >> It's going to be continued to February
16th, Mr. Chair. >> Thank you. Okay. Item H5. Item H5, C. Stevens Douglas requests zoning classification change from TR-2 with a
BDP to AGR with removal of existing BDP. Applications 25Z 00047 located in district 3. >> Okay, sir, if you'd state your name and spell your last name for the record.
>> Yes. T Steven Douglas. D O U G L A S. Yeah, we're looking to like like you said to change the uh TR2, which has a buy development plan to an AGR.
Um, mainly because I have a 110 acre uh cow grazing uh to the south of it that joins it and I need a building to put my equipment in. And I also own this land here.
It's easier access on this property. So, that's basically what we're looking at. Drop that BDT that uh going to drop that D BDP. All right. We got any questions board
for the applicant? Seeing that sir, let me Is there anyone in the audience want to speak for or against this item? All right, I'm going to close this item for public comment. I'll bring it back to the board. Any questions for Mr. Douglas?
>> I move for approval. >> Second. >> Debbie. Debbie made the motion. >> Who? Seconded. I got a motion by Debbie, a second by Robert on item H5 for approval. All those in favor say I. >> I. Any opposed?
That pass unanimously. >> All right. Thank you. >> Thank you, sir. Have a good day. >> Item H6. >> Item H6, Clinton Smith and and Kimberly Smith request zoning classification change from RU-1-7
to SR. Applications 25Z0048 located in district 3. >> Okay, ma'am. if you could state your name and spell your last name for the record. >> Hi everyone, I'm Kimberly Smith. S M I TH.
>> So we here requesting a reszoning classification right now. Um it's an existing FLU residential 2 with existing zoning RU-1-7 and we have a current permit that we're trying to get through the process and um
those two are conflicting apparently. So, we are asking to reszone for SR. Um, like I said, we do have a current permit that's in process for just a single family home on the property. All right, ma'am. While you're right there, is there anyone in the audience
want to speak for or against this item? Then I'll be closing item H6 for public comment. Seeing that, I'm going to bring it back to the board. Do we have any comments for the applicant? >> I have a question, >> Miss Ruth. Is there still an active code case on the on the property? >> We can't clear it until we have the
permit. >> How does how does that work with the reszone in with the code case? >> So, usually code cases are held in obeyance until the zoning uh request is gone through the process. >> So, the zoning is to fix.
>> I don't I'm not sure about the nature of the violation. Do you know what the nature of the case was? >> Um, I believe it was, let's see here, unpermanented land clearing and land alteration activities on the property under the jurisdiction of Bard County
Natural Resources Department according to the agenda. >> Can I say something? >> Go ahead. Um so what the gentleman that owns the two lots in front of us, we have um a
shared ride ofway and he cleared his property and he put it in our rideway and the neighbors they called in a complaint about his cuz it's like about two acres and he cleared a whole acre and put it on the rightway for our
property. So since then we he didn't have the money to get rid of the waste either. So we had to pay to get it removed. So we've been working with them with that department to get everything taken care of. There's
a lot of dirt on the property, too, that our other neighbor cuz the land's been vacant the whole, you know, since it was, I guess, made and created >> since time. >> And the other neighbor had been piling,
he had piles of dirt over there that are now, you know, like ours that we're going to have to get rid of. So, we're having to get take care of all of these things to not have the complaint and to get it cleared.
>> So, the zoning is clearly not the fix. You just have to fix it. >> And they said the only way is either um like not build on it and, you know, put more trees, I guess, or um or get the building permit. And we have to have the zoning to get the building permit. This
is the last piece of that puzzle. Mr. Chairman, if I could ask a question. How how large is the property that you're looking to build on? >> It's 2.2 acres. >> Okay. And you're building a single family home on that property. Thank you, >> Mr. Chairman. Move to approve.
>> Second. Got a motion by John, a second by Neil on item H6 to approve. All those in favor say I. >> I. >> Any opposed? That passed unanimously. All right. Good luck at the county commissioners meeting.
Item H7. >> Item H7, Lazy River Investment LLC request a zoning classification change from RU-1-13 to AU Light. And this is application number 25Z
00049. And it's located in D district three. >> All right, sir. If you would state your name, spell your last name for the record, please. >> David Bistarki. B I S T A R K E Y. I'm partner in the Lazy River LLC. >> And a little bit about what you're
wanting to do here. >> Uh, well, one of the trains is zoning for the RU1-13 to AU light, which is compatible with the flow. >> All right. While you're right there, sir, is there anyone in the audience want to speak for or against this item?
Sir, if you could just sit right there in the front row. Ma'am, if you could come up, state your name, spell your last name for the record. >> My name is Linda Brandon. B R A Nan. I live at 9675 Fleming Grant Road. I'm right across the street from Mr. Barky's
um application. I came to say that I'm in favor of it. I own I live on two and a half acres now and he's wanting to reszone this to two and a half, one unit per two and a half. And I also own two halfacre vacant buildable lots that back up to his property on Mockingbird Lane,
which would be impacted by whatever he does. I have no problem with it. Um 2 and a half acres will keep the density down in our area. Most of my neighbors are on quarter acre, half acre, or 1 acre. There are a few on larger pieces, but most of them are on smaller. So, um
I would like to see this property be developed in the least impact. It's a wooded, beautiful area of land. And like I say, I live right across the street from it. I've been there 36 years. So, I'm in favor of the zoning being as high as it can go to where there's less houses. Thank you.
>> Okay. Thank you, ma'am. Anyone else want to speak for or against this item? Good evening. I'm Lorraine Deontne and I will have to spell that last name. D E M O N T I G N Y. And I'm here to speak in favor of Mr. Bastarki's request. Um I
also would like to see the zoning uh be less dense, so I think we're going to accomplish that with this change. Um I've lived there for 24 years. Um I have a little bit more acreage well than Linda did, but not more than he does. So, I love the rural nature of the
neighborhood and I feel like these um two and a half acre home sites would be a definite plus for the neighborhood and uh keeping with the consistency of the area. Thank you. >> Okay. Thank you, ma'am. Anyone else want to speak for against this item?
>> Sir, if you could state your name, spell your last name for the record. >> Yep. My name is uh David Connor. C O Ner. And um I have a piece of property that I just purchased uh in June of 24 that's right next to his uh 20 acres and I
totally agree with what he's going to do. We've sat down and talked to him and I agree with the again the density and the 2 and 1/2 acre um thing that he's proposing and I I think it will really enhance the neighborhood. So >> all right. Thank you, sir.
>> Anybody else want to speak for or against this item? Okay, I'm going to close at item H7 for public comment. Sir, if you could come back up to the mic. Do we have any questions from the staff board up here for the applicant?
>> Only to say that it's the first time I've sat here and we've had people for a development. >> I have some good neighbors. >> Yeah, you do. You're lucky. >> We still got a lot of items. Please don't jinx this, John. I tried to close out the other one.
>> I need a motion. >> I'd move to approve. >> Second. >> Got a motion by John, a second by Ruth. All those in favor say I. >> I. >> Any opposed? >> That pass unanimously. >> I think I got Henry beat. I've been here 69 and a half years. I don't know how
long. >> He was probably building that road back then. >> Okay. Item H8. Yes. Item H8, 100 Plug Avenue LLC, U with Bruce Moya being the applicant for
the application request a zoning classification change from BU-1 to RU-2-15. It's located at application is 25Z1000050
located in district 5. She's checking my authorization. >> Okay. Well, in the meantime, I'll go ahead and speak since I was uh labeled as the applicant. Um probably not as elegant as Kim is going to be, so I'll try to move this along.
Uh I do have some handouts. >> Mr. Bruce, even though we know you, we're going to have to get your name and all for the record. >> Yes. So, Bruce Moya, MBVB engineering, uh, representing the applicant. My office is at 1250 West of Gali Boulevard in Melbourne, Florida. Um, this is a
kind of interesting. This is the area I grew up in. This is a piece of property that's right on A1A that's never been developed. Uh, it's kind of odd for that that stretch of propert because it's very very busy. Um it's I believe it's owned existing uh
commercial and the rest of the surrounding area is owned multif family. So the plan is to go ahead and reszone it to a multif family zoning and put a triplex on it. Uh luxury triplex, pardon me,
>> three triplex. >> Okay, I'm allowed to speak. Okay. >> Uh my name is Kim Zenko. I'm here on behalf of 100 flug. Also with us is a representative Jamie D. Rosa. if you have any questions of him. Um, this is a 29 acre piece of property. As Mr. Moya
said, it's not been developed. The idea is to put, uh, one triplex on there. Uh, what I've provided to you is a larger aerial map um, showing that there's lots of multifamily, duplexes, town homes in this area. And also, if you look at page
three of the staff report, there is RU215 to the south, RU 215 to the east, and RU 215 to the west. And that is what we're see seeking. It is compatible with community commercial um by the flu table at 62.12-1255.
So um that's that that's it. But I did want to give you that overall picture because they don't give you a very large picture in your staff report. I know many of you do go ahead and look. that is going to be a a triplex as as shown
in the double-sided page provided and it is uh we believe consistent with uh what's in the area and so we're asking for zoning from BU1 to RU215 because multif family is not allowed in
BU1 only single family. Miss Kim, while you're right there, is there anyone in the audience want to speak for or against this item? Ma'am, if you could come forward and state your name and spell your last name for the record.
An Lamoth. L A M O T H E. Okay. Uh, I am one of the owners of the duplexes that run along the Fluke Avenue and
I have a concern about the location of this proposed triplex. Just for the record, did I hear correctly that this is an area that is 0.29? >> Yes. >> Did I hear correctly? Okay. That's a
tiny piece of land to put three homes on, >> whether they're condos or multilevel housing. Um, my concern is not just density,
but it's based on some issues that we on Flug have had as um homeowners in the past and how this might impact Flug Avenue. Um, the biggest thing is
the building specifics as far as allowing for enough parking. Um, how large these units are going to be, how many stories these are going to be, because
that's a lot to put on that tiny area. The duplexes that are currently on Flug are on bigger lots, but they are small units. They are 800 square f feet, two bedroomedroom, one bath. They have garages. They have um um driveways that
could accommodate a second car. It's my understanding that the address of these triplexes would be not A1A, but it would be Flug Avenue. And that brings to mind
a few concerns in terms of infrastructure infrastructure that would support three more units on that street. Um the biggest one would be sewer concerns.
I happen to be an owner that had problems in 2021 regarding how these units are added to Melbourne sewer system. the two units that I have connect with
the units that are next to me before going under a set of driveways and finally hooking up with um the main Melbourne sewer system. Okay, that's one issue.
Currently, there's no curbs on Flug and no like uh rainwater sewers to empty rainwater into. And it doesn't take much floodwise, hurricane wise, just a good
storm that flug is underwater with just regular rainwater. The plus factor of of Fluke Avenue is that it is the entrance way to a way that people can make it through to
Riverside Drive and at the end of Flug is basically three schools. There's a lot of traffic on there. You got school buses. The plus factor for new homes going in that area is that because it's
on a main circuit way to those schools, we have electricity returned immediately after storms because of the kids. And so it's great if you're in a hurricane and you know that your your set of buildings on Flug are going to have their power
return quickly. Um it would just be nice to have taken these other considerations. I don't know the structure of these buildings and I think it would be a negative impact considering the size and the plot of that land and how it might impact the
area. Thank you. >> Okay. Thank you, ma'am. Is anyone else like to speak for or against this item? Okay. I'm going to close item H8 for public comment. Mr. Bruce, Kim, or
whoever, if you want to come back to the mic. >> Yes. Um I think kind of similar to the last item you heard, this is a down zoning. Um putting three units on this where this potentially could be a commercial endeavor facility on a on a
corner of a busy street. Uh I think you would see more traffic. You would see uh potentially existing. You could have a 35 foot existing commercial building put on there. So, you know, putting changing it to RU215 would, I think, be would generate less traffic. Uh, all our parking would be
required to be on our property. Uh, because it's multif family. Um, we would, uh, as far as the the sewer, it is county sewer on the beach side, not city sewer. Um, a lot less sewer generated by three units than a large
commercial facility. So, I think in all aspects you're going to see this will be a a downzoning of the property and a lot less intense use. So, any other questions? I'd be happy to answer those. I have a question. She brought up the
height and I I took a drive by and I was really thrilled to see it right next to Dunkin Donuts and it's it's all commercial. So, I think it'd be nice to see, you know, triplex or, you know, something right in that area. It's a a nice lot, but so is there going to be a
height like you know is are you going to build them up high or how you know what are you looking at? >> Yeah, I think in order to get the size because it is a smaller lot that we would have to go you know two three stories um which would be allowed. I think you see that kind of that going up
and down A1A as it is as it's being developed now >> on the east side >> very similar to the Mr. D. Rose is doing some development. Cocoa beads would be very similar to that. >> Okay, Mr. Jones.
>> Hey, John. >> Uh, yes, sir. >> We'll have a garage. >> Yes, sir. >> Okay. What's the circular stair doing? Is that inside the building or outside? >> It looks like it's >> Yeah, outside >> part of the building. Inside. It looks
like it's inside. >> I don't know. It looks like it's outside to It looks like the low wall is shielding it. >> Outside. >> It is outside. >> Outside. >> So, in order for the resident to get to the third floor, they have to go outside
>> or is there an internal? I'm just questioning the architecture. Sorry. >> I know. >> I know it's not zoning, but >> Mr. Bruce, would you want him? He's to come. >> Yeah, I'll let Mr. Dao come up talk about architectural. Usually architectural features don't
come up in zoning questions. So >> I know, but I'd like to bring up I don't get to talk to architects that much. >> Hello, >> sir. If you could state your name and spell your last name. >> Yes, sir. Jamie D. Rosa. D E R O S A. Um
my wife and I do the design. We bought the property. Um we love that area. We're from Merit Island, Cocoa Beach area. We do develop some residential. We only do residential. Um they're small units. They're 2,000 square feet. really the the spiral staircase outside is to
get from the third floor to the rooftop. The rooftop's going to have an observation deck and that's so the third floor would have access enter exit the balcony and go to the rooftop like an observation deck, watch the SpaceX launch, watch the sunset. Across the
street is a natural preserve. It's a park. There's no building there. The county owns it. It's governed by the state. Um so you would have clear views second and third floors of the ocean. Um they are facing east and west. So the potential there for a family at 2,000 square feet single car garage does have
radius to turn back and have a second vehicle as well. Um but that's the answer to the smart. >> I'm just I I'm seeing a spiral staircase on two levels, not just one. That's why I was asking the question. >> Yes, sir. >> Okay. Um so you have putting a flat roof on this thing.
>> Yes. >> Okay. Um and it does have sewer, right? >> This is sewer. Yes sir. >> Okay. But this will be the high point on that street. It's flowing west. >> Oh, we couldn't build it on septic so it
has to go on sewer. >> I understand that. I'm just because of the last speaker. Uh she stated that they they were having sewer issues. And >> drainage. >> No, no, not that. I'm not talking about drainage. I'm talking about sewer. Hang on. Um,
it says this would be the high point of that of that sewer system because it runs westwardly, right? >> Uh, I can't verify that. It would make sense. >> Yeah. I mean, I don't know for a fact. >> Um,
no, I know. And but from what she said, I was a little concerned about that. Um, there was another I had another point. So single car garage. >> Yes. >> I just want to say something on on just
just so you know. Even if we're at the high point of the sewer, the sewer line in the roadway is a 8 inch main. It should have plenty of capacity >> in that road or in a road >> in any road. All mains are 8 in. I know that. So in order to tie in, I think we would have plenty of capacity if the capacity is the issue. I don't think
elevation would be an issue because every manhole has to be at least 4t deep. So we could tie in because it would have to end with a manhole if it ran west, >> right? >> So the even if we're at the highest point, we'd still be 4 feet in the ground. >> So which is give us plenty of elevation
to get the sewer connection made without a problem. >> Yeah. I was just looking at that because I was wondering if you had any livable space on the first floor. >> Yes, >> there is liveable. >> Yes, there's a bedroom on the first floor >> that would affect that. Okay. All right. Thank you.
Any other questions from the board? >> Move for approval. >> Second. >> Second. >> Got a motion by Debbie, a second by Neil >> or Eric. Okay. >> On item H8 for approval. All those in favor say I.
>> I. >> Any opposed? That pass unanimously. 273. >> Item H9. >> Yes. Item H9. Eric D and Pamela S. Martin Truss under Lander Landon Shear
requests a zoning classification change from BU1 to BU1 and BU2. Applications 25Z 000051 located in district 2. >> Sir, if you'd state your name and spell your last name for the record.
>> Yeah. Landed Shear SC 1361 Highway A1A with Shear Engineering. Um, so this project uh went to the Merit Island Board and it was approved unanimously. Um, there's two components to this project. Uh, main use of the building is
a personal hobby shop by the owner. Um, it's his retirement project. He's going to it's going to be his essentially his man cave. Um, and then the second portion of this project is uh the portion of the project we are asking to reszone to BU-2. Um he
wants to provide RV boat RV and boat parking spaces on uh the eastern half of the project. Uh we're matching the zoning line of the property just to the north of us. The western half is zone BU1 and the eastern half is also BU2. Um
so we are just matching the zoning to the property to the north of us consistent with the area. There is RV and boat parking um in the corridor. Um so we're not asking for anything that's that hasn't been done in the area. Um we buil we will be required to pro provide
type A buffer on the east and the south side. Um as well as a type B buffer along Courtney Parkway. Um the owner is going to do dimmable lighting. Um motion sensor dimmable lighting. So uh the m the idea is the majority of the time
lights are low to keep the lighting in the area adjacent to the properties to the east and south of us down. Should someone be on the property that's not supposed to be there after hours, the lights flip on so the camera can catch them, um but then they return back to
the dimmable lighting. Um gated in fence from the rideway. Um there's no it's the the main structure isn't uh going to be utilized by the general public. There's no retail or sales or um any use out of the main structure. Um
extremely low traffic generator. So, not really not really concerned uh for traffic uh to bring additional trips into the area, but the owner is hoping to reszone the eastern half to BU2 for the eight RV and boat parking spaces to
u ultimately offset development costs for his uh for his structure. >> All right. While you're there, sir, is there anyone in the audience want to speak for or against this item? All right. I'm going to close it to public comment and bring it back to the
board. We got any questions for the applicant? >> Yes, sir. Mr. Chairman, couple questions on the RV and boat parking. Um, number of parking spaces for RVs and boats. Do you know how many spaces he's going to have? >> There's going to be eight RV and eight boat. >> And any electric, any utilities going to
be provided or just dry storage? >> Just dry storage. >> And covered or not covered? >> Not covered. >> Thank you. You're just matching the the parcel to the north, >> correct? >> And you abut it. >> Mhm. >> Okay.
>> We share a property line. >> Mr. Chairman, I move for approval. >> Second. >> Got a motion by Ron, a second by Erica on item H9 for approval. All those in favor say I. >> I. I. Any opposed?
That passed unanimously. >> Thanks. >> Thank you, sir. Item H10. Yes. Item H10, Claire Foster Foster Family Living Trust request zoning classification change from GU to SR
applications 25Z000053 located in district 5. Sir, if you would state your name and spell your last name for the record. >> Blair Foster. F O S T E R. >> And a little bit about what you're wanting to do.
>> I'm trying to change the uh next >> I'm trying to change the zoning. Um right now it's zone GU, which um I'm trying to go to SR. Uh so so from what I understand, the GU um is for five acres.
I only have one acre and everything I've tried to do with this property has come back to that issue. So, I'm trying to get it changed so I can at least be the same as everybody else around me and uh be consistent with the properties around
me. >> All right. Well, sir, while you're right there, is there anyone in the audience want to speak for or against this item? Seeing that, I bring it back to the board. Do we have any questions for the applicant? >> I just have one. >> Mr. John,
>> how are you going to get access to this site? >> I have easements on in my area where >> on both sides on on both sides of my uh >> on my property there >> on the east and the west side. >> Yes. >> Cuz I don't see that on the u I don't
see anything on there. Yeah, they're they're on there from they're all older easements that are there for many many years that have access to all the other properties around there. Plus, they built a new community next to mine. >> Mhm. >> And uh >> on the east side talking about, right?
>> Yes, sir. Uh that big development there, right? >> Uh Green Leaf built that and there was a designated uh easement on there that they've given to the people that are already behind me that go right next to my place. >> Okay. because there's no traffic uh on
that easement that that development has shown between that and the bond. >> Yeah, I Yeah, I understand it. But what are you looking at? >> The easement to the south that he's referring to was actually vacated by
>> um Bruce Moya when he did the development here. >> Okay. So that southern portion of the easement was vacated, but it doesn't affect his property. >> It doesn't affect his property, right? Because it's it's south of his property. >> Correct. That >> there's no connection there. So again,
that raises the question, where is the easement for him to get access because there's no point in you >> putting a house on there if you can't get to it. >> He does. There is an easement that runs along that um between the pond and his
property. There's an easement that runs down that way. You're talking about that dirt area there that's shown up on my aerial. >> Yeah, it's it's >> Yeah, in between his property and the storm water pond for Green Leaf, there's an easement there. >> Okay.
>> It was put in place back in I think 1985. Um whether or not it satisfies um 62 um >> 102 will have to be determined once he submits the building permit. >> Understand that?
>> Yes, sir. Okay. Because your neighbor to your north put his own driveway on his own property because he evidently didn't take advantage of that easement. >> Yeah. >> Okay. >> Yes, I understand. Thank you. >> Okay. Don't want you to get stuck. >> I I understand. >> Okay. Thank you.
>> Would would that address be on carriage gate? >> They haven't figured that out yet. I can't get any answers until I fix this. >> Mr. Mr. Chairman, I move approval. >> A second. >> Got a motion by Neil, a second by is it
Jared? >> Yes, sir. >> On to approve item H10. All those in favor say I. >> I. >> Any opposed? >> That pass unanimously. >> Thank you. >> All right. Thank you, sir. >> Item H11.
>> Yes. Item H11, Merit Bidco SPV LLC. Um, represented by Kim Rosenka. request a zoning classification change from AU with the BSP to RU-2-15 and RU-2-30
with removal of BSP. Applications 25Z 00054 located in district. >> I saw that. Yeah, Mr. Wodsworth. >> I know. I was trying to hide it. >> Uh, good evening. Kim Roseno, Lacy
Roseno, Melbourne, Florida. Here on behalf of um the developer, Rangewater Development. Here with me is Michael Oliver from Rangewater, the engineer of record. Um, Kyle Chastine, and the traffic engineer, Daniela Gerard, and
Tom Lee is also here with Rangewater. Uh, this is a resoning. It looks a lot like a future lane use change, but it's not. Uh, this is 11.24 24 acres that is on Pioneer and Courtney. The request is
for RU215 on the portion that's res 15 already future land use that's 7.5 acres to RU 215 from AU. And then on the front portion on Courtney it's 3.66 acres currently neighborhood commercial
that we're seeking to go to RU230 which is allowed by the comprehensive plan flu policy 2.10. The goal is to put 222 units. It's approximately 19.75 units to the acre. As you know, there have been very few new apartments in Merit Island. Um, Woodfield is going in behind the
mall, but that's been the first apartment complex in the last 35 years from what I understand. This is also seeking a removal of a binding site plan that was done many, many years ago to allow the current medical complex there. The entire property is is a is subject
to a BSP for a hospital and medical use. So in theory, a hospital could be built there. I think that was the intent is to expand the medical facility. It was never done. So this property is laying vacant, went into bankruptcy. This was the old steward property. I went out of bankruptcy. The owner is a merit big co
um which we're under contract with to purchase. So, um, that cup will go away if this property is reszoned. We did have a community meeting on November 24th. Uh, over 200 invitations went out. Approximately 20 neighborhood neighbors
showed up and all the Myra representatives showed up as well. This also did go to Myra that recommended denial as you're aware because of traffic concerns. I would support or assert that traffic concerns are not the issue at this point. Florida statutes do
not let you deny projects because of capacity. It just requires proportionate fair share agreement. We've run those numbers. He's the uh developer is willing to donate a proportionate fair share. That is an option and he's willing to do that. Uh at the community
meeting, uh there was a site plan shown, a concept plan, again, not fully engineered, and the neighbors had concerns about height, parking, traffic, flooding, buffering, windows, balconies, location of buildings, and the removal of trees. You've seen that in what
appear to be AI generated responses sent to you via emails. Uh we run it through an AI generator, and most of it is done through AI. Um spot zoning is a very unique term and somehow it came up in AI generated documents. So based upon what
the community says uh the developer is willing to put into a binding development plan that uh they will have buffers to the east set back for building of 100 ft. Willing to have setbacks from the north
to the building of 50 feet and keep that in Native Preserve. Um, as to traffic, they are willing to work and extend the turn lane on Pioneer that goes to the north and will do whatever is necessary to do a proportionate fair share. That
traffic concurrency issue is kind of unique. I've not run into it before where it's at if it's over 85% capacity, you're only allowed to have a certain percentage designated. And that that's something new. Um to me it's contrary to Florida law but we have disagreement on
that but again uh Florida law says you can't deny it because of capacity or um so you have to go into a proportionate fair share. I do want to say that the impact fees generated from this will be over half a million dollars which this the county could indeed use to try to
improve Pioneer Road. Part of that problem is it's not our rightway. We can do the right of way on the property under contract to extend that turn lane, but there's nothing else we can do. There's Florida Power and Light poles to the south and that would be something that the county would have to work with
FPNL if that were intended to be done. So, um that's just an overview of the project. We have um Mr. Oliver would like to speak a little bit about the company and um Kyle Shastine, the engineer of record will talk about the changes that were made to the concept
plan based upon what the neighbors said and then Daniel Gerardo will talk about her traffic study that she did um to do the actual counts. Uh the counts currently are used by Space Coast TPO. Her counts came out similar to it, but I'll let her explain it and about the improvements that would be made. And uh
with that, I'll ask Mr. Oliver to come up and I'll pass out the site the concept plan while he's speaking. Thank you, Kim, and good evening. Um, my name is Michael Oliver, last name is O L I V E R. Um, I am the managing director of development for Rangewater um for the
state of Florida. We develop um in Tampa, Jacksonville, Orlando, and here in Bvard County. We with me here is um Tom Lee, development manager for this project, this proposed project. Rangewater is a national multif family
developer active here in Florida uh but also across the Sunb Belt. In Florida, we've developed 6,000 homes um and managed 20,000 units. And then nationally, we have developed 25,000
homes and manage 100,000 units. We over the past decade we have been recognized by the National Association of Homebuilders as the developer of the year. We share this not as a point of
pride but to demonstrate the depth of experience, the long-term commitment that we bring to the communities that we build in. Our development philosophy is centered on community focused placemaking, long-term neighborhood
compatibility, highquality design and responsiveness to local contexts. As Kim mentioned, we met with the neighborhood um and the neighbors, many of which are here today, and we listened to their concerns at a community meeting
in November. We heard about building heights, um proximity of parking to property lines, building setbacks, um and traffic. And we have um done everything in our reason or what we feel
is reasonable to alter the conceptual plan that is shown in front of you and on this board right here to accommodate and and to be the best neighbor that we can possibly be. Um and Kyle will speak
a little bit to this. Um, but I think primarily of note, we have committed to a or are committed to providing a 100 foot building setback on the east property line to threestory residential um buildings, which is, as I think most
people here are aware, a much higher or much larger building setback that is required by most zoning designations. Additionally, we committed to early on um doing three-story product uh three-story apartment buildings here in
lie of fourstory um just based on the proximity of the homes to residential neighbors um and you know the site plan or conceptual plan accommodates that. Additionally, we met with neighbors on the north property line um specifically
Mr. clamp and we heard about some pine trees on our property that you know are mature and um they feel suit the the needs and um aspect of the neighborhood and we have committed to Mr. Clamp and those
neighbors to preserve that tree canopy adjacent to their homes within 50 ft to allow for that buffer, adequate buffer between those homes and the parking lot and singlestory clubhouse that we have on the other side of that.
I say all this to say that, you know, we have 13 immediate residential neighborhood neighbors and our goal with the latest iteration of the conceptual plan is to maintain privacy, separation, and enhanced buffering through that landscaping, through storm water
features, and long-term maintenance. These refinements were made intentionally and directly in response to the neighbors um and their concerns. With that, I'll turn it over to Kyle to speak a little bit more about the conceptual plan and to address
stormwater concerns. Good evening everybody. My name is Kyle Shastine. That's S ha sen. I'm with uh Bowman Engineering. I will be the engineer of record for this project and responsible for making sure that this site plan meets the county's
applicable land development codes as well as any storm water requirements um set forth by the state and other agencies once this moves forward um to the site planning stage. As Mike said, uh we have met with the residents nearby two times now. First at a neighborhood meeting and second at the Myra board
meeting. Um we've heard a lot of uh input, I'll call it, from from the neighbors and this site plan has really came a long way um to accommodate some of those requests. Um being the 100 foot building setback, uh the setback to the north. Um Bowman's actually gone out
there. We've conducted a tree survey. I believe it was uh 20 feet from the the north and the east property lines to see what kind of native vegetation is currently there so that we could provide a natural buffer uh to to kind of keep what the residents are used to seeing.
Um part of that buffer along the east is going to be our storm water retention ponds. Um we've done some preliminary calculations. Um we found a model that was done by the county uh looking at Pioneer Road. There's a ditch along the the north side there that kind of drains a a larger basin which eventually ends
out in Sykes Creek. So, um once we we do the engineering for this site, we're going to be looking at that base and making sure there's no adverse impacts um to the surrounding area. Um there's also some some wetlands on site that we're preserving. You can kind of see it
there on the east side. It's the green cluster. Um so that that has been delineated by an environmental scientist locally here in town and confirmed by St. John's. Um so that area has been delineated. So we are going to um we're
going to preserve what's required by the county. Um so really I'm here to answer any questions. Anything comes up regarding storm water site layout. And I will say just about Rangewater, um they have been, you know, willing to to
change their plan, uh to meet, uh some input from the community. It's something that I haven't always seen in in the line of work that I do. And I really do I'm I'm very impressed with, you know, where this this site plan has come, you know, given the process that we've been
through. Thank you. Good evening. Uh this is Danila Hudalo. I'm the traffic engineer with the project. Uh Hudalo is Jur A. Um so Rangewater Residential has 222
lowrise residential units. Uh it would be uh three floors and per it this is considered lowrise residential. Uh the anticipated daily trip generation of the site is 300 uh 1,379
daily trips. This would be inbound and outbound trips. Uh the anticipated peak hour trip generation of the site would be 91 morning peak hour trips and uh 115 uh PM peak hour trips. uh that would be
for the PM for example would be 72 inbound trips and uh 43 outbound trips. Uh so we have received several complaints or comments regarding the uh possibility or the uh impacts of the
traffic in the in the roads and uh so we reviewed the daily capacity of the roads and uh based on current uh volumes the uh road note courtney operates at uh 0.88 88 volume to capacity ratio and
under build conditions North Cornney will be operating at 0.93 volume to capacity ratio. So the calculated impact of the project would be uh on the uh remaining capacity would be uh 24.95 uh%.
Um, we also uh we've done uh a scope uh with the county and DOT. I'm sorry. I apologize. I have straight stage fright.
>> Why? You're doing great. >> I'm sorry. >> Okay. So uh we have um agreed to a scope and uh methodology for the traffic impact analysis. Uh this uh scope uh it contains uh all the intersections that
we're going to be analyzing in the traffic impact study. We have already collected the data and we're currently analyzing all the intersections. We hope to have results by the end of the month. Uh there have been like some changes in the access conditions currently but uh we're still working on analyzing the
driveways. Um so for the intersections that we're analyzing, we're analyzing the intersection of Pioneer and North Courtney. We're analyzing the two ramps and we're analyzing all the um all the driveways. We are also collect we have
also collected two counts at Pioneer and we also collected videos with uh for the cues at um along Pioneer Road to make sure that the cues were now backing up to the driveway. And um the current volume volume to
capacity ratio of uh Pioneer Road is 0.32. Uh that is um one of the biggest concerns of the community. We've also reviewed the peak hour volumes uh of pioneer especially during the school of
uh dismissal and uh what the the peak hour capacity of that road would be 1,333 peak hour trips and the existing school dismissal uh volumes are 448
pickour trips at from 2 to 3 p.m. And from uh 4 um 3 to 4 p.m. we've uh we collected data and make sure that uh we had the volumes in that road. We also reviewed the videos and we also had site
visits to make sure that the cues were not backing up into the side driveway and uh we are analyzing that data. And for the traffic impact study, we will be addressing any queuing issues along Pioneer Road both onto North Courtney
and onto the side driveway. >> Thank you. >> All right. Thank you. Yes, sir. >> Back up. Um, I just want to say in closing, um, and as it relates to traffic, North Courtney Parkway 3, we believe it's
Merit Island's primary north south connector, an arterial and a critical transportation employment corridor. We are aware based on our conversations with um, Myra, FDOT, everyone else that it is, you know, the focus of many um,
redevelopment planning efforts and corridor studies and infrastructure investments. um being invi you know being advanced along this corridor directly serves the region's largest employment centers as I think everyone here um understands
including the Kenny Space Center the growing commercial space industry in Port Canaveral all of which continue to drive job creation across aerospace defense logistics maritime tourism and advanced manufacturing that's exactly why we believe that this is a suitable location for a multi multifamily
property Um, these industries collectively support tens of thousands of direct and indirect jobs and are projected to continue expanding over the coming years. From a land use and planning perspective, as Kim mentioned, this site is appropriately located for a higher
density residential development along a major arterial within the urban service area and in close proximity to major job centers. The project represents from our perspective responsible infield development that aligns with the county's long-term growth strategy and the future land use
plan. As mentioned, we have um met with the neighbors. We have heard the neighbors concerns and we have done our best to reasonably accommodate those comments in the latest iteration of the conceptual plan. Thank you. >> All right. Thank you, sir.
>> Miss Kim, >> I'm not sure the neighbors have seen this plan. I was trying to make this work, but I don't know how it works because I do not believe they've seen the extra buffers. >> Well, I Yeah, but >> Oh, there it is.
>> Oh, great. So, and just to reiterate, um, it's upside down. >> Uh, this is North Courtney. This is Pioneer. Pioneer. They will extend the turn lane
that goes onto Courtney heading north. This is a 100 foot buffer to the east to the building line where currently the existing BSP only requires a 50-ft buffer and then an additional 50ft buffer which is in the old BSP and a
natural landscape to the north. Am I moving it too funny? I apologize. So again, that's willing to commit to that in a BSP to have the 50- foot buffer to the building line, 100 foot buffer to the building line, and extending the pioneer road and we'll do whatever else
the county tells us to do that's within our ability to do including the proportionate fair share. I did also um want to uh bring up the issue that this is infill as uh as Michael stated, this is an infill development. This is a site that's underutilized. This binding site
plan has been been on it since 1983 and has not been developed. Meaning it wasn't going to be developed. It wasn't primed to be developed. Wasn't right to be developed. Uh this is an uh opportunity to have a different type of residential use in Merit Island. The uh
housing element objective four says that Bvard County shall continue to provide for adequate lands for residential land uses in a wide variety of housing types. Again, there's not been any new apartments in in Merit Island for a good 30 to 35 years, except for Woodfield that's being built behind the mall. Um,
there was also issues about the drawbridge and the impact on traffic there. As I mentioned previously, that drawbridge is not allowed to be opened between 6:15 a.m. and 8:15 a.m. or between 3:10 p.m. and 6:10 p.m.
And also, I did want to indicate that there are multiple types of uses. There's condominiums uh to the north and west of this property. There are single family. There are a mobile home park to the west
and there is a down by the the uh school Merit Island High. There is some apartments also JB Somerset. Um, so with that, we would ask that you recommend approval of the RU215 and the RU
RU230 on the portion next to Courtney. >> Okay, Mr. Henry. >> Uh, Kim, let me you either get the design engineer or the traffic engineer up. I
you know under most projects we don't we're not supposed to help you design anything and uh but this is such a
significant traffic issue uh that is I I would have if I was the one that was submitting I would say I I would need to show you the geometrics of Pioneer.
My calculations showed you almost have 3,000 trips every day over and exceeding what's already there. Uh and I don't know if you're a traffic engineer. >> I don't have to defer to Danielle. generation
>> went right out of the manual and >> unless we've significantly reduced the number of units >> uh you're you're going to look tend to the box. So I mean it's I know about what it said. >> So I'm I'm using 3,000 because it's a
lot easier for the world to understand 3,000 more cars that potentially going to be at this intersection. That's where >> uh yes based on the IT and that's based on national data. >> Yeah. >> Uh that has more than uh 250 different
data points and throughout the nation. Uh the anticipated trip generation of the site is 1,379 trips and that is including inbound and out. >> That's in and out. >> That's in and out. >> No, I'm close. >> No, no, no. That's inbound and outbound.
It would be 690 trips inbound and 698 uh89 trips outbound. >> In this case, I'm not debating this, but sir, in this case, the staff and I agreed. >> Okay. >> The staff that's going to review it. So, we're pretty close. Okay.
>> Saying that there there's no geometric shown for what I think is going to be the primary access to the north. If nothing else, it's going to be an exclusive
as in an outbound direction. It's going to go west and north. So, you're going to have significant movements there because the backup on Pioneer now is is atrocious. And it's really it's sort of
neat to watch. If you can get the timing just perfect, you may be able to get all the way to Sykes Creek. And that's just not a bunch of bull. But you get the mamas out there bringing their kids home. You you got Starbucks now that's
open all the time. You got the car wash in there. You got the old people's place in there. You just the list goes on that can clutter up at one time. I I'm caught in there. I'm not smart
enough, but I just don't go there. It's a lot easier for me there not to deal with it. But we I wish we could have seen the geometrics. I I'm debating on what somebody said about the amount of
rideway that's on Pioneer. I just I'm going from memory and it's it's not as good as it used to be, but I thought it was greater than 50 ft. So I you know that means a tremendous amount.
there's a every foot there is going to be extremely important especially when you're going to go to a minimum of 10 foot lanes. So you you really got a we just really have a tremendous problem and traffic-wise. I don't need to expound upon it. Staff, I'm going to ask
a question. What's the closest 230 RU 230 to this site? I'm trying to get there's RU230 to the south um south of Butler Avenue
>> all the way down there. >> Yes, sir. >> Okay. You see, that's that's another issue that I mean that doesn't really have much to do. This this thing was designed that
intersection is commercially we call it commercially designed because all four quadrants are commercialized with no intent of single family residents going beyond there. It just
and now we've overloaded it with some additions. Kim, how many how many units do we have in here? >> 222. How much? >> 222. >> Yeah, that's what's right. >> That That's my questions for now. I just
>> I I we we don't require that. >> Yeah. >> But to me, something of this nature with this magnitude in the traffic side, we should have had some geometry that clearly depicted what you guys are going
to do. You got to the center lane of North Courtney is nothing more than a left turn birectional. That's all it is. It's not what every person uses it for. A deceleration or acceleration. It is
not designed for that. That's what it's being used for. So there's going to be a treatment that's got to be better than what's there. That's all. >> Yes. So this will go on the site site plan review and everything once the
reasonzoning is approved but it has to be approved for them to move into like the site design and any geometrical reviews of that intersection. So for now the only thing that we know is that there is availability for that right turn lane and that they would be able to
construct it because that's part of their uh frontage. Um but that's the the amount of information that we have for now. >> Okay. >> But yeah, definitely we're looking into that part of the traffic. Uh and we know
that um >> the for example if um those are two different lots. If for example one of the lots was developed without the one in Pioneer was developed without the other one uh all that traffic would be
impacting the road along Pioneer Road. Um and in this case uh the trip distribution and based on the uh regional planning model that we use for the trip distribution is showing
that 68% of the trips would go to and from the north. um and 32% would go to and from the south. Uh basically that is uh showing that the amount of trips that
would be allocated to Pioneer they would still have or use that road but not all of the trips would be using that road. We're expecting uh 35 peak hour trips and that is uh close to one vehicle per
minute on on the peak hour and um that based on that we'll be like doing all the reviews and everything but if for example another development was uh proposed here and they would not have the access along Pioneer along North
Courtney those trips would be only allocated to uh Pioneer and If a development that is less intense than the rangewater is what range water is proposing, they would not be likely not be analyzing any traffic impacts on the
interse at the intersection. So that's one of the things that we we fortunately are reviewing what it's what are the impacts on that intersection and we are able to propose improvements that can mitigate not just the impacts of the development but also can help with the
current quing issues that they have. Good. >> Thank you. >> Let me let me clarify a few things. >> Um I what I was trying to explain, Mr. Minibu, is that there would be a 100 foot buffer here and that Pioneer would be extended
eastward because right now the turn lane ends right at this property line. So the turn line to go north, the turn lane would be extended because it's going to be property that they're purchasing. Um this are multifamily. So the trip generation is about 7 and a half per
trip. So that's why it's less than 3,000. Also, as you may be aware, FDOT is putting a median in down this road. And they're not going to let any new median cuts. So there's they're in discussions with the current owner of the health center complex there to do a
cross access so people can get through the median. Right now it's an in out. It's a right in right out on the north entrance there. So again, this could be commercial. I mean, it's res 15 with with neighborhood commercial on the on the on the north portion. If it was
intended to have commercial here, the trips generated would be substantially more than that. Also too, if peak hour going on to Pioneer is only 35, that's one every two minutes. That's not a great amount. She did do the school counts as well. I don't know if you
understood the impacts of that or not, but we have looked at the school and we would work with the school board too to try to figure out how to manage some of their traffic. Right now, we were told by the residents that they're cutting through the subdivision to go north because the turn lane doesn't go go east
enough. So, that's what we would be working on. Um, but again, there is still capacity on Courtney. Just the county's ordinance won't let us take it all. we wouldn't take it all and uh we would enter into a proportionate fair share agreement to um assist the county with whatever they thought needed to be
done because to try to align to the west it if you add an extra lane to go south it messes up the alignment on the west side of the road. So, uh, the best we can offer right now is Pioneer Road extending the turn lane to the east to
go north and then, uh, our proportionate fair share the so the county can try to fix this problem because we don't have all the answers and we don't have the rightway to fix it. Thank you, >> Mr. Chair. Mr. Jaw, >> is this this going to have security
gates? >> No. >> Okay. >> Queuing. You can't >> say again. there would be queuing that would back up. So no, >> no, that's why I asked >> the plan did incorporate that. >> I can't hear you.
>> The initial plan that we contemplated did have security gates, but based on the the constraints that we were working around, it got too tight to allow for queuing as K mentioned. >> Okay. Now, in this diagram here, it's different than the one that we received
originally in our package. Where is the access going to be on the south side here? >> Yeah, we've negotiated a cross access easement with the medical office property um so that we have a secondary access point which is required for
emergency services but also it would you know be contemplated as a secondary access point but as you can see from the site plan the majority of residents are going to use the main entrance going you know north south. Is that with the current owner?
>> Yes. And the that's with the current owner of the medical office property. That's also under contract. We've negotiated with the individual that has it under contract. >> Okay. Um I live in that north of that area. Um
the traffic going toward the barge canal. >> Yes. >> Or 528 >> is horrendous. Mhm. >> It backs up all the way to Pioneer. >> Okay. >> And by putting that many units at that spot is going to cause a problem.
>> Yep. >> Uh you're agreeing with me. >> Uh well, I'm waiting. I'm listening to hear what everything you have to say. Yes. >> Okay. Um there has to be a better way. I mean, there is a traffic light at Pioneer, which means that the better decision
would be to have the traffic come out of Pioneer. rather than to come out onto Courtney directly from your site. It would alleviate a lot of the the traffic problems that uh you would have. However, the people that live down the road off of Pioneer in those neighborhoods onto Sykes Creek will
probably object to that because it would back up all the way to Sykes Creek. I don't know. It's um it it's a strange request here to have that many units, that many vehicles to be right there. I mean, I'm all for
apartments being put up. Is this apartments or condos? >> Apartments. Yes. >> Apartments. Okay. So, they're all renters. >> Um it's uh I don't know. It's it's I think it's a problem. Uh and I can't bring up the the wetlands. Is there any wetlands on this site?
>> There are. So the pocket of green um north of the medical office is wetlands that we are preserving >> where that rectangle is. >> Yes, we're preserving about an acre of wetlands. >> Okay. U because these maps are not >> and that's formally delineated with St. John's River Water Management District.
>> Right. I understand that the 100 foot butter but buffer is a good idea. I think the neighbors would like that but I think that that many units is going to be a problem. >> If I can respond. >> Sure. We origin we contemplated having a
primary access point off Pioneer based on the feedback that we received from the community. Um that was not uh well received. So that is why we've shifted the focus and the primary access off of North North Courtney. >> As Kim mentioned, there will be a median
um installed along North Courtney Parkway that is slated for, I believe, spring of 2027 to commence. Um, so by the time this property is built in early 2028, mid 2028, if we're successfully reszoned and peritted, it
would the median would be insult. Uh, so that would >> the median on >> on North Courtney Courtney. That's going to make things even worse. >> That's that's beyond my pay grade. But that I'm not a traffic engineer and I don't work for FD. >> I'm not either, but you know, just logic
tells me that that's going to be a problem. FDOT the the and I can ask Danielle to speak to this, but you know, it restricts the amount of um accident prone turns that are being generated left and right coming out of um the neighboring communities north and south
of this property. uh to >> including your property >> address the the unit count. We initially contemplated a higher zoning designation um RU230 for the entire site. Since the future land use for the east side of the
property was RU215, we decided um that it was best to proceed with that just given the proximity to the residential neighbors. So, we, you know, originally, um, were showing 240 to 250 units. That has been
dropped down to 222 units based on that zoning designation. >> Could you drop it down even more and still be profitable? >> No. >> Okay. Thank you. >> All right, Mr. Eric. Yes, sir. >> Uh, Mr. Chairman, I just have a
question. I think one of them was answered. These are apartments, right? Not condominiums. >> Yes. >> Can I ask you what what determination or what considerations do you take when you decide to build apartments instead of condominiums?
>> Sure. Um we our entire business model is apartments um rental housing. Uh condominium housing is a a challenging business to be in. um just based on the events of 2007208 the GFC and then
subsequently in Florida the challenges with highrises in South Florida. It is a very um challenging and sticky business proposition. So the majority of developers outside of your major um
cities, New York, Miami are it's rental housing that is being developed across the nation. >> It's not condominium development. It's just a challenging business model. >> Mr. Chairman, >> yes, sir. >> Uh the the clubhouse, is that a singlestory?
>> It is single story. Yes. And the uh where you got rid of the retention pond, you put in the 100 buffer. Is that buffer going to be vegetative or just going to be grass? >> It'll be a mixture of We are still working out. There's new storm water
requirements that are affecting the state level. So, we're still determining if that's a retention pond, if that's native grasses and dry retention. It's going to be a combination of water and vegetation and tree preserve
along that 10t buffer along the east side as well as the 50 ft on the north side. >> Okay. Is it possible to make that 10 foot buffer a little bigger? >> We can make it 15. Yes. Yes. >> Yeah. I'm sure the residents would
appreciate having a bigger thicker buffer there. >> Yes. >> Are you going to be able to pres preserve the trees? we are going to be able to preserve the trees. The the reason the north side there are we have a tree we had a tree survey completed. The trees along the
north side are there's several trees and we met with Mr. Clamp on his property, reviewed them that are very mature and beautiful. So we were focused on maintaining those. On the east side there are mature trees. It's not to the
scale that it was on the north side. So >> Okay. Thank you. >> Yes. >> Can you do you know you did do a tree survey. What type of trees were on that east property line? >> We I don't have that. I don't have that in front of me. >> Pines oak. It's >> Go ahead.
>> It was a mixture of all species. There was some native native vegetation. There's some exotics and stuff in there. It's kind of all over the place. Palm trees, pines, couple oaks. >> I mean, the oaks I'm not so worried about in a 10 foot buffer, but the pine trees will >> they're going to die. I mean, you're you you look at them and they die. You drive
by it, it's dead. So, that those won't make it. I just from a buffer perspective, I guess through the site plan process, you could uh enhance that with plantings and stuff. >> Absolutely. And that's our plan. >> Sure. >> Clarify. Thanks.
>> I bet it won't be Australian ponds. >> I have another question. >> Yes, sir. Mr. John >> the the neighbor to your west. I'm looking at the appraisal district. It seems it's somebody owns the parking
lot. >> Correct. >> But the buildings there's the larger building is a condominium project. >> Correct. >> Okay. And then the smaller one I I can't tell if it's a condo. I no just says Merit Medical Center. There are three ownership entities and
they collectively own the two condo owners that own the two smaller portions of the property have a easement with the owner of the parking lot and then we have negotiated a easement with the owner of the parking lot with the
approval of the existing owners of the condos. >> You answered my question. Thank you. Any other questions from the board? >> I'm going to take if you could stand by one. I'm going to take it back out to the audience. Is anyone want to speak for or against this item?
All right. If we could do like we did before, let's please try not to be repetitive with your concerns and we'll give you two minutes each to speak. My name is Chelsea TR. My last name is spelled T R U E. I live in the neighborhood directly
adjacent to this site. I want to be clear. I'm not opposed to development. Growth is inevitable and it can bring positive improvements to our community. My concern is that this specific project at this scale on this particular corner does not align with safe or responsible planning for Merit Island. I also want
to stress that I am not opposed to multif family housing. I previously worked for a firm involved in multifamily construction and development services in Seattle, Washington. This request for resoning that enables uh sorry, this request is a resoning that enables a significant increase in density immediately adjacent to single
family neighborhoods and that deserves careful scrutiny. I understand the sale is contingent on a resoning which underscores how significant this change of land use is. According to the Space Coast TPO data, traffic on North Courtney Parkway has increased by over 40% in roughly two years, rising from
27,000 vehicles per day to over 38,000 today. This corridor is already experiencing peak hour congestion and is scheduled for major access changes, including median modifications and new signalization at Via Delerena. While the project may technically meet concurrency today, concurrency measures thresholds
and not real world functionality during peak hours or under changed access conditions. Traffic studies conducted in the coming month will capture a snapshot in time, but they won't reflect what this corridor will look like after continued growth and planned roadway configuration reconfiguration in 2027.
Additionally, clearing remaining tree canopy on the site reduces natural storm water absorption and shifts runoff and packs to surrounding neighborhoods, often requiring public drainage retrofits later on. My request is not to halt growth, but to ensure density is approved where infrastructure readiness and neighborhood compatibility are
aligned. Approval decisions would account for documented growth trends and planned roadway changes rather than assuming current conditions will remain unchanged. That's why Mera voted to recommend denial. The concerns align with long-term planning and not opposition to housing. Thank you.
>> All right. Thank you, ma'am. >> Hello. My name is Susan Cole. C O L E. Um, I was at the meeting in December as well, so I don't want to go over all the stuff. We've already been there before, but generally I'm concerned that this new development will negatively affect
all the existing residents in the neighborhood there. Um, the desiraability of our neighborhood is going to go down and that of course is going to affect our home values which will also go down. Um the specifically um I'm concerned a little bit about the
parking because they did say it was going to be 1.7 five uh 1.6 spaces per unit. Um but it's going to be one to threebedroom apartments. This area is not a walkable.
We have to drive everywhere we go. We drive to our grocery stores, work, everything. So now with um parking, even a one-bedroom place is going to have two cars more than likely or a three-bedroom could have three or four people in there
driving. So there's not enough parking. So where what's the plan for the overflow parking? What's the plan for the guests the holidays when they come? What there's not going to be? Are they going to go on Pioneer? Are going they going to park in front of the houses, find parking, and just walk to the
apartments? That's not a good option. Um the other thing is um I'm worried also about the traffic. One thing that hasn't been mentioned is um there's two act uh ways to get into the development. They're going to go around into um via
de la and that people bike, kids bike, they do their scooters, people are walking dogs. It's a very walkable, lovely neighborhood. And now once people get that little trick that we can cut through the neighborhood 3,000 times, what is it? The amount of
traffic they were saying more people cars went through. People are going to get hurt and it's going to really be h hard again for the desiraability of the people that are there now. >> Okay. Thank you, ma'am. >> Hi, my name is Gregory McClaskkey. MCC L
A SK Y uh I think a lot of the things have already been brought about traffic although some real world experience on it. Uh coming here today for example uh it was backed up from the school all the way around Pioneer almost to Courtney and um cars have the cars are kind of
parked half on the shoulder half on the street so people have to go in the left lane to get around all these cars and and so we've got a safety issue with an elementary school with kids young kids walking to and from as well. So the safety issue is is really important. Uh,
we didn't talk about the evacuation plan as very difficult to get in and out of there. It's going to make much worse if we get into a hurricane situation where we're in in evacuation. I want to remind everybody that this was rejected unanimously by the North North Merit Island Development Agency um because of
these issues. Uh, the flooding has gotten worse because of the increase from uh Starbucks and the and the assisted living home and the car wash. Um, so we're having a lot more trouble in the neighborhoods with the flooding. Uh, and I so I don't think that they've taken into account the groundwater
rising up like was discussed earlier in the meeting. Um, privacy issues. It sounds like they've taken care of a lot of it. Parking was already addressed. Somebody had mentioned also that there may be a wildlife issue across part uh uh Pioneer um that there's an eagle nest or something in there and that might be
an issue as well because uh they were saying that that would would obviously cause them to have to deal with a lot more. Thank you very much. >> All right. Hey, thank you sir. Hi, my name is Kimberly Jarvis. J Oh, can
you hear me? >> You can pull that down closer to you. There you go. >> Thank you. My name is Kimberly Jarvis. J A RV like Victor I like Sierra. I am a volunteer with Audabon's Eagle Watch program
and I'm the person that spoke at the Mariana Redevelopment Agency meeting and I don't know how well this I don't know how you work this career. It looks like ink, right? There's a little I wish I had bigger paper, but there's a little blue dot
right here. That's my eagle nest. That's an active eagle nest. This was supposed to be a circle, but the way I cropped anything could pull that microphone over to you. There you go. >> Okay. Anyway, >> I did hear though the blue dot you said
is an is the eagle nest. What's supposed to be a circle just pulled it out >> is a 660 ft buffer we're supposed to maintain between us and the nest. I'm guessing all these houses were built before the before the eagles moved in.
It is an active nest. That's one of the adults. Sorry, the picture is a little out of focus, but I'm using a 2x teleconverter and 150 to 600 millimeter lens and zoomed all the way up to 600, which means I have to use manual focus. And let's just say it
doesn't work real well. And as you can see, there are actually two there are actually two chick two eaglets in the nest. There's one of them and one of the adults. The other one the other one kept being like a track in the box up and down. And um it appears that they are
set they are incubating a third egg. So there's a possibility of three elets in there. All the noise from the construction, the traffic, the additional traffic is going to disturb that nest.
I mean, let me go back to my map here. The um it's hard to tell on this map, but it the 660 ft buffer cuts the um
southeast corner of the um projected development. And that will affect the that will you know all that noise all the construction that will affect the eagles in a negative manner. And I don't think FD I don't think FWC
would be very happy about that because eagles are a federally protected bald eagles are fed bald eagles are a federally protected species. >> Yes, ma'am. >> Thank you. And just please keep in mind my eagles. >> All right. Thank you.
>> You're welcome. Anyone else want to speak for or against this item? I'm gonna give you one more chance and I'm going to close public comment. Okay. I'm closing public comment on item H11.
Sir, yes, if you could come back up to the podium. So, to address Miss Jarvis's um detail on the bald eagle's nest. So this the as Miss Jarvis mentioned US Fish and Wildlife Service there's two radiuses
that they um document 330 ft and 660 ft to impact and develop within 330 ft is a much more intensive process permitting process to get approved within 660 ft. There's, you know, it's
a different process, but we, as Miss Jarvis mentioned, it does inter bisect the very corner of our property right here, and we are prepared to preserve that sliver of the land um to not impact that 660 ft. Thank you.
>> All right. Any other questions from board here? Don't get quiet on me now. We were doing good. >> Fell asleep. >> Okay, Kim. Uh, thank you again for the opportunity to speak and for um
listening to us. Um, this is an unusual project for Merit Island. I agree. It's a needed project. It's an infill project. Uh, we'll bring new apartments, will be new opportunities for people to move into the area to work in this area. I did want to address a couple comments.
Um, first, most of this property is already residential 15 and that that is residential 15. We're asking for RU215. Um, which makes sense. The everything else to the everything to the east is like res 6, although it's developed um that as
single family home. So then the RU230 is just those four buildings that are on the east the west side there that abut um abut Courtney and then there's neighborhood commercial which could be developed 4 acres of neighborhood
commercial which could be intense traffic as well. Regarding the FDOT improvements, FDOT is doing that to help the situation. There's also putting in another stoplight to the north of this. I think it's at Villa Del Reena which was supposed to be put in um our traffic engineer spoken to them and they don't
know how that's going to impact capacity and um concurrency. However, that's something that is a site plan issue. Concurrency capacity is a site plan issue. If we get the zoning and we can't build or we have to reduce lots, that's how it works. Um, but I did want to cite
to um the county code section 62-613 that if there is a lack of capacity to satisfy transportation concurrency, the applicant shall be notified in writing of the opportunity to satisfy transportation concurrency. So, we're
asking for that opportunity. The road is not at capacity, but the county regulations make it at capacity and concurrency is an issue because of that. The other issue is flooding. Again, section 62372 uh241
says that the flood water discharge shall not impact neighbors and they will make sure that it does not. Um they've been out there, they've looked at the canals, they understand what's going on. They will take whatever water is coming off the road as they have to do. So those again are the flooding are site
plan issues. U they the engineers don't look at a snapshot in time. They look at what's existing and what's proposed. They use a concurrency rate. They use an average rate. It's not just what's there today. It's what's projected for a period of time.
Uh again, the parking issue is a code issue. They've suggested 1.75 parking spaces. That's that's higher than Woodfield. Uh and that's that's an agreement with whatever happens. If it's not at code, there's a alternate parking agreement that has to be approved through county commission. Parking will
meet code. that's not an issue for reasonzoning. U again, evacuation plan, those are all things that are considered. Evacuations happen over time. Not everyone jumps on the road at one time unless unless they're just behind. Um the flooding because of Starbucks, again, if that's
true, that's going to be picked up by the engineer of record. And the wildlife issue, we've already agreed that they're not going to impact that that range there. So with that, um, again remind you that this lightning site plan was put in place in 1983 and it hasn't been
developed because it didn't make sense. This is an infill project that does make sense and that the developers working with the neighbors to give them the buffers that that they want and they deserve and that uh they will do whatever is needed for transportation concurrency. Thank you.
>> Thank you. >> Can I can I ask Kim a question real quick or Mr. Zanka? >> Yes, ma'am. So totally understand it's a site plane issue, but traffic is the, you know, topic at hand. With respect to the and I've gotten stuck on this on a couple projects myself with this kind of
built-in moratorum that happens when you hit 85% capacity. You talked about the PFS, understand that component. Have you guys had a conversation with Bvard County traffic? You said you want the opportunity to talk with them to figure out how to mitigate it. Do you know what that mitigation strategy is if in fact
that comes to be? And is that something that the project financially can bear? Not my business, but >> we've run the numbers and the developer has assured me that he can bear that amount. So, we did um the traffic engineer because it's it's formulas in the ordinances and um Daniela did run
them and Michael has agreed that he can afford that in built into the project >> in addition to the half a million dollar impact fees. >> Right. And do you do you know what those impacts are? what those improvements would necessitate or require. >> We we don't know because of that
alignment with that intersection and because of the Starbucks and the power poles and the light poles. We we don't know. >> So, you're just making an assumption on whatever that cost is throwing up for making that work. >> If they demand more, they demand more. I mean, it's the development is willing to take that on. >> Thank you.
>> Thank you. >> Yes, sir. Mr. John, >> um one more thing. I I noticed that you have a lot of impermeable surfaces here. Are you putting in any retention ponds because you're not showing any on this?
>> Yes. So the the area on along the east >> on the east, that's what I thought you would do. If you do that, then there won't be really a buffer because you wouldn't be able to put trees in it. So the neighbors to the east would be looking at a pond or a dry.
>> There's there's two shades of green on the plan that you have there. The the darker green is going to be the buffer. >> Yeah, I see that. Okay. And the other will be retention. >> Correct. Yes, sir. >> So it's not really a buffer. Okay. Because you're giving them 100 ft and you're not utilizing that as a
an obstruction for view. >> Well, there there will be along the property line. I see that the trees that you have there, but it may not be sufficient for threetory buildings on the other side. >> Okay. Thank you. >> Yep. >> Can I just clarify too? Is it the based on what you said, it could be wet
detention? It could be dry. We don't know yet because of the new rules, St. John's rules >> trying to figure out the new nitrogen phosphorus, how to buy. >> You're aware of what's what's going on the new rule and unfortunately this right this discharging into Sykes Creek, which you know >> has the most stringent criteria based on
the new rule. So we're in the process of figuring combination of dry retention, wet retention, other mechanical systems, >> underground >> combination, different different ways to meet the new criteria. >> Okay. Then I got one more question.
Excuse me. Sewer capacity. I know Sykes Creek is uh the sewage treatment plant is uh at almost at capacity. Where where are you getting sewage uh shown in here? >> So I know that there's >> you're not doing sewage. >> They're not at capacity.
They're 90%, aren't they? >> No difference. >> I agree with Kim. >> I'm not helping you to design. That flow may be going north. >> That that flow may be going north. So >> So I I don't know the answer to that yet. I know that there's there's sewer
available. There's mains that were put in as part of the the previous development. >> No, I understand that part, but you're adding to it now with 200 and how many units? 222 units >> and and of course the county is not going to let us put more capacity to their plant than what's available. So
that's something that uh we'll obviously have to address when >> if become if it becomes an issue that's something that we'll have to address at that time. >> Okay. Thank you. >> I have a question. It might be for staff. If if this zoning isn't changed
to to allow this, what what can that property be used for now? What can they do there now? Well, let's what is it? >> Currently, right now, the property is zone AU, which is agricultural residential. Requires 2 and a half acre lots.
>> There's other there's lots more uses. >> You know, you could put a hospital there, >> right? So it' be all the permitted uses under the AU zoning classification, but primarily it's residential. It can have some agricultural uses on it.
>> Could have a dude. >> I would also argue it's vested for a hospital and additional clinic uses because it's a existing use that's there and it's covered by a binding site plan. Yeah, I was I was going to follow up with that because there's a BSP on the
property wouldn't be able to use for the uh residential. It would have to be used for um additional medical center um buildings to go on the site staff. If there was a hospital
hypothetically built there, what's the highest we could go with a hospital there? How many floors? Is it 32 feet, right? >> No, it's six stories, I think, because of the other one down the road. >> 35 >> 35 the normal limit. Yeah, but you can
get a variance in on the island for a hospital because they did that for the old Kmart >> be 35 ft. >> Wow. Yes, the residential would be
restricting it also the AU zoning. >> Yes, sir. >> Hop in. >> Thank you very much. My name is Thomas Lee Lig. Uh appreciate everyone's time and all of the neighbors comments. Um, I just wanted to add and I think this was
mentioned by one of the neighbors and I wanted to address it directly about property values and you know all of the issues presenting are surrounding neighborhood the traffic. You know part of we part of what we do and the reason we love what we do is we improve the
areas around where we build. We're not the sort of developers who come in bulldo and leave. We are integrated into these communities deeply. The reason this site plan has been changed, I don't even know how many times, is because we want to respect and honor everyone
around us. Typically, our renters have less cars than single family residents. Uh, Merit Island is going through significant changes based on the employment coming to town. The makeup of the American household is changing with it and we want to offer that option
close to the employment that they have. Um, but we're not building, you know, not that there's anything wrong with affordable workforce housing, but this is a beautiful luxury amenized product that, you know, young engineers, uh, very highly paid engineers need
somewhere to live and there isn't the existing stock. That's the only comment I wanted to mention. And and I hope that when we leave the area will be better for it. You know, the roadway, the storm water, all of it. We're not adding problems. We want to remove problems
that exist in the local. >> Thank you very much. >> I'm going to bring it back to the board, >> Mr. Chairman. >> Yes, sir. >> Uh just reminder, the uh Merit Island board recommended a dial. Uh I would
like to commend the organization for the response they've made to people's requirements. I think they've did a very admirable job. Uh my concern with this though is that that uh I I drive that road occasionally.
It's never a pleasant experience. Never. It's always backed up. And as John said, it's backed up from 520 or a quarter. I mean a half a about half a mile down maybe some times longer when I'm there and all all of these people are going to
be going I think in that direction and just make that worse and then on top of that I just heard that state the that states going to come in and put a median in there that that takes up a whole roadway you know we so un unless they're going to
expand the size of total size of the roadway that's going to make that thing worse. It may be better from a safety point of view making left turns and but traffic-wise now it's going to back up way past pioneer.
>> Well, I don't want to misspeak but I think aren't you willing to look at that as far as the traffic issue. also >> we are analyzing >> so we're analyzing existing no build and build conditions and the medium will be
part of the part of the considerations that we take but that's an FDOT project so it would be under no build conditions and the build conditions Any other comments or questions? Board. >> Mr. Chairman, I'm going to make a motion
to approve this project. >> Second, >> is that Debbie? >> Yep. >> A motion by Neil, a second by Debbie in favor for item H11. All those in favor say I. >> I. >> I. >> Mr. Chair,
>> I have a question. So, does that approval include any of the conditions that the or the the things that the uh applicants offered today in the meeting? >> Yes. >> So, can we restate the
>> they added >> is it are you asking them to do a BDP to memorialize the things that they offered? You're including that in the motion. Yes. Yeah. I I understand what you're saying and yes, I would make that as part of the motion
>> with the with the BDP. >> Okay. >> Thank you. >> So, we probably need a head count or hand count for those that voted. Yay. >> For which
One, two, three. I don't >> see. Did you get it? >> You want to do roll call? >> Yeah. Can we just go down the line, Mr. Chair? That'd be appreciated. Thank you. >> Yes. Henry. >> Yes. >> Yes.
>> No. >> No. >> No. >> No. >> Yes. No. >> No. >> Yes. Yes. >> No. >> Yes.
>> You don't get a vote. >> Well, if it's a tiebreaker. Only if it's a tiebreaker. >> Okay. So, it seems like it's seven yes, seven no. So, the motion fails. So, you want to do the opposite vote now. Well, >> it's not over yet. >> We're not done yet.
>> We have to bring up another motion. Anyone want to make a motion in the opposite? >> Motion to deny. >> Yes, sir. >> Okay, I'll make that motion. >> I'll second it. >> Okay. A motion to deny item H11 and by
John, a second by Ruth. All those in favor to deny. >> I >> I >> You're going to get the same hands. >> It's going to be the same. >> It's still 77. So if you would like the table or we can provide that to the board of county commissioners your guys's vote as
a 77 tie. >> We would like to go forward with that recommendation. Thank you. >> Okay. >> So we'll report to the board that it was a 77 tie either way. Thank you. >> All right. >> That's >> good luck at the county commissioners.
I'm so sick and tired of these sticks going up all over it. >> Can I vote twice? >> I'm going to take a little one minute break again. >> Those darn kidneys. >> Can you take longer?
Hey, hey, hey. Also, they own both. This part, the part that they're talking about and the parking lot, it's all one owner. They have I don't think they bought this one yet. >> It's too many units because I drive I drive up here all the time. I live
there. >> They will not fix the problems. They're not extending pine. Okay. stamina. >> We'll do item H12. >> Are you sure? H12. >> We're trying. >> Beverly Jean Richardson.
>> Beverly, this better be quick. >> She's being represented by Angel Meers. Request a zoning classification change from RU19 to RU 2-4. Application is 25 Z0055
located in district 1. >> Okay. Thank you, ma'am. If you'd state your name and spell your last name for the record. >> No problem. Good evening, chairman, board members, and staff. My name is Angel Meyers, last name is NY RS. I'm a realtor at LPT Realy, and I'm here today
representing Miss Beverly Jean Richardson with her authorization. We are here to request that the two homes that's on the property that was originally built in 1959 be reszoned so they can be properly legitimized for the sale of purchase. this um came about. We
was under contract back in October with a closing date of October 13th and was notified by the buyer's lender that there was a zoning issue. So everything had to come to immediate halt. So we reached out to the planning and zoning department where we had the pleasure of
meeting Mr. Paul Bod and I would like to give him his kudos because with his guidance he has been very instrumental in navigating us through this process. And on November 14th, we actually did a conference call with everybody, the seller, the buyer, the two realtors, the
lender, all with uh Commissioner Delaney. And um she said too, she heard what the zoning issue was, but we got to go through protocols. So she said, "You have to still go to the planning and zoning, which we are here today because you are the recommendation board, and if everything gets approved, then we still
have to go through the uh county commissioner and they uh give the final say as well." But she did say that she appreciate hearing how knowledgeable he was and how supportive Mr. Paul Bod was through the process. And everybody's on board, the buyer, the seller, the
realtors, everybody. Um, and the buyer of course wanting to close in October, but is still holding out with the hopes that we can get this zoning issue rectified. >> Well, this is just protocol, but I see one lady back there, but I know she's not going to speak yay or nay for this,
but I >> Yes, sir. >> All right. So, now we're going to close it for public comment. Get that out of the issue and I'm going to bring it back to the board. >> Uh, Mr. Chairman, can I make a motion that we approve? >> I have questions >> this uh issue. >> I have questions for staff.
>> I'll second. >> Wait. >> All right. Hold on one second because she already Miss Roof said she has some questions for staff. >> Um, when I was looking at the the maps, this RU2-4, that's a a new zoning into this
area. And um if I un if I got have it right, does this include allowing resort dwellings? >> Because this isn't a neighborhood that concerns me. >> Permit um resort dwellings, which is
short-term rental under 90 days in a row. >> There is some multifamily that is to the west. I think we pointed out and to the east, sorry. Um RU24. Then there's our RU210 and RU232 on the west side of a side of Harry
Moore Avenue. >> Right. Harriet um Harry T-more Avenue is a main throw flare into that area where this is off into the neighborhood that and where US1 also has commercial. Um
Harry that that is a major road through there. So it's a little a little bit different. I was just concerned about resort dwellings being allowed to go in there and introducing that. >> Yes, it is a permitted use in the RU24,
the short-term rental dwelling. Any other comments? Miss Ruth, >> go for it. >> Is is it possible if if they were in agreement to >> restrict
>> restrict it to no resort dwellings? I mean, that would be my recommendation just to make sure that it stays residential >> because it is a residential neighborhood. >> You can always make that request. It's up to the county commission then again.
And you do have a first and a second. So there is a motion on the floor right now. So they'd have to amend that. But yes, >> would you be amendable to amending that motion to include that? >> Yes, definitely. >> Yeah. This is going to be as a personal residence
>> if that's okay with the uh applicant. >> Yeah. Okay. >> She's the buyer, so she's >> Yeah. Okay. I'll amend that motion. Do >> you want to go ahead and amend that? Then Robert, make the motion.
>> Uh, make a motion to to approve with the um ex with uh not allowing resort dwelling. >> I'll second it. >> Okay, we got a motion by Robert, a second by Erica on items H12. In favor,
all those in favor say I. >> I. >> Any opposed? >> That pass unanimously. >> Thank you. So then the next step is go February 5th. >> Yes, ma'am. To the county commissioners meeting. >> And is that back here? >> It's right here. >> Okay. Yes, sir. Thank you. Thank you.
>> Well, before everyone takes off now, we still got one more issue. >> I nominate uh this young man as >> stay as chair. >> Second. >> This is happening too quick here. >> Did you Who? >> I did.
>> Okay. Nomination for me as chair from John, a second by Neil. All those in favor say I. >> I. >> Any opposed? Okay. Now we need a vice chair. >> I nominate Henry Minibu as vice chair.
>> Second. >> I got a nomination for Neil for Henry for vice chair, a second by Debbie. All those in favor say I. >> I. >> Any opposed? >> Yes. Motion carries anyway >> anywhere he wants
>> in an open seat. I want I want to make a recommendation here, >> but with all due respect, Mr. Hoffen Gardener, if we could take our normal seats back, >> the only reason for Can we
>> I'm not going to ask for that. They're not going to give it to us, are they? >> No, they can't. They don't really It's just for >> We need to find out about these computers. If we can use the county commissioner's computer. So I asked when I came in and it said and they're like and you don't have any access. So I don't know why they turn them on and come in when you don't have access to
it. >> You're not going to let your code in. >> No. >> Yeah. They've been real fussy about that. >> Can I make a quick question or have a question to staff real quick? When we have items like resonings because someone's putting on a porch or they're trying to correct a zoning action, is
there any way we can put those poor people at the very beginning almost like a consent so we can just knock them out and they're not stuck here until 6:30 >> since they're required to come anyway. >> Are we able to do that? I was just I was just >> Can we change the number of people on
this board? >> I know, but I mean like when the county changes the future land use or whatever and we essentially create the problem and then they come in to do a building permit and then they have to spend time, money, one, I don't even think they should have be paying
for that application. I think it's ridiculous, but they are. and then they got to sit here all afternoon going through all these other items when it's literally a motion and it's taken care of in about two minutes. Is there a way to maybe collectively group? I don't know if anybody else feels like that. I feel sorry for these folks that they're having to pay the fee and do all these other things like let them go first and
get out of here. >> Investigative process. >> Yeah. I mean >> if there's a way to maybe put those kind of collectively at the beginning so we can just knock them out and let them go. >> I mean that could be handled at the beginning of the meeting depending on how many people show up. Yeah. you just make a motion to take things out of
order and just proceed as you have previously. But that is an option. Yes. >> Okay. Great. Thank you so much. >> Mr. Ess. >> Yes, sir. >> Uh the last county commission >> Do you need to talk to me offline or do you want to do it? >> No, I can do it on online. >> Okay.
>> The last county commission changed the makeup of this board to have 15 voting members and two non- voting members. >> Yes, sir. And what it used to be was 10 voting members and five alternates. >> Okay.
>> And non- voting members as well. Yes. >> And keep keeping the two. No, there was only one non- voting member and that was the military. >> Correct. >> Okay. School district had one that was voting. That was me. >> How can we get that changed? Because
we're running out of chairs. What I mean, whatever your offer would be, I mean, you could bring it up um amongst yourselves and then present it to the board of county commissioners so that they can amend the code like they did previously.
>> No, they just built that wall. >> Yeah. I mean, this guy wants to get rid of me, you know, so he >> just want you to move down. >> He wants >> He just doesn't want you sitting there. >> Okay. Meeting adjourned. The opinions expressed by any member of the public during any period of public
comment do not necessarily reflect the views or opinions of the board of county commissioners of Bvard County, Florida, Space Coast Government Television, or the program sponsor and are solely those of the presenter. The board of county commissioners of Bvard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly
disclaim any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such period.