Hey, hey, hey. Heat. Heat. Heat. Heat. stand for the pledge of allegiance. And Mr. Jared, could you lead us to the flag of the United States of
America to the stands nation indivisible with 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. There are no LPA items on our agenda today. Items on today's agenda will be heard by the county commission on March 5th, 2026 at 5:00 p.m. When a motion ends in any kind of a split vote, a roll call vote
may be taken to ensure accuracy. As a reminder, each member who makes a motion or a second needs to turn on their microphones so that your voice is on the record. Speakers for public comments on these agenda items will be given three minutes.
If you do come to the podium, please spell your last name for the record. At this time, if any board member has had any exparte communication regarding any application, please disclose so now. All right. Seeing that, I need a motion
for the approval of the PNZ minutes from January 12th, 2026. >> Move for approval. >> Second. >> Got a motion by Debbie, a second by Jared. All those in favor say I. >> I. >> Any opposed?
>> That passed unanimously. Okay. Item H1. >> Item H1, Spacewalk Groves, Inc. Request CUP for land alteration application 25Z 00057
located at tax count number 2315318 in district 2. >> Okay, Miss Kim, you know the drill. >> Yes, sir. >> Name and address and spell your last name, please. >> Good. I know. >> Do it. Good afternoon, chairman, members
of the planning and zoning board. My name is Kim Rosena with Lacy Rosena Melbourne, Florida. I'm here on behalf of Spacew Walk Groves, Inc. With me is Brian Hamilton, the representative, and Jack Smith, the engineer of record. This is um a request for a conditional use permit. There's one that's existed on
this uh property that's zoned PIP since 1989 for land alterate alteration. Actually, it's just a burrow pit. is taking out sand and dirt and selling it to um large operations such as Blue Origin for their building construction. And that's what he's been doing since
1989. And now he wishes to enlarge it from 10 acres to 37 acres. At the same time, we're altering the um we're renewing actually asking for a new land alteration permit, which is a whole separate process through natural resources. The engineer of record has been working on that. As you know, in
this area of Merit Island, there's some enhanced compensatory storage requirements since 2018, I think it was. And so, they are working through that process. We do the conditional use permit first. If this is approved, then the land alteration permit has to be approved before the conditional use is
effective. So, uh, as I mentioned, this is a conditional use. It's in the proper zoning. And I just cut my hand, so I'm a little bit handicapped today. Uh but going through the staff report, um basically there's no adverse change to
the existing roadways. It basically trucks coming out on the State Road 3 and heading north. That median that's there now is going to be improved by Spacewalk Roads. They're going to put 150 foot of asphalt instead of asphalt millings. So that'll be uh better criteria for that median right there in
front of this access. Uh traffic capacity is fine. there's no uh adverse impacts uh to uh concurrency. There's no material violation of relevant policies that have been
identified. There's no wetlands on this property. Basically, we're creating a big hole and there's a a ditch that goes all the way around this site that the water does run into, but it's an all contained system for runoff here and it will not have any impacts on any other properties. It does not go to Pine
Island at all. It does not impact that drainage at all. Uh the hours of operations are Monday through Saturday 6:00 to 4. That's a private storm water park. There is no A. It says in the staff report there's an A use near this property.
There is not. That property related to the west is also in by big spacew walk Groves. It's just a vacant piece of land. It's not used for any agricultural use. We did go to the North Merit Island Special Dependent District Board, Special Independent District Board on Thursday night and they voted
unanimously to recommend approval. And what I have in front of you is two pages of the four page land alteration permit. It shows the existing site. It shows the uh the uh roadway that goes around it. And it's um and the second page shows
some of the elevations on the back side, but this was submitted to the North Mid Island Special Independent District Board also along with a red a letter of support from Blue Origins contractor that's also in the record. And then there was also a letter
from Bruce Moyer from 1989 who was in the engineering department back then and he uh indicated that um that this road is an FDOT road so there's really no control by Vard County. So with that I have Mr. Hamilton here if you have any
questions about his operation or I have the engineer of record if you have any questions about the land alteration permit which again is just for information natural resources controls that land alteration permit Kim while you're right there is there anyone in the audience want to speak for
or against this item >> all right seeing that I'm going to close it to the public bring it back to the board do we have any questions for the applicant >> I I you given all the years that you've been and all the clients you
work for, this first time I've ever seen anybody to want to talk, so I'm a little confused on this particular site. Um, it the road there on the I guess we're going to call it the north side. Is that
dedicated? I mean, is that part of the description? >> The road that goes to State Road 3. Yeah, >> that's actually an easement. It's a dedicated easement. Okay. >> Through government lands. >> Okay. It's just an standard easement. So, >> it it it's it's been what they've used
since 1989. >> Did and my last one rather small. Um, were you at did natural resources get involved into this before
you came to the board today to get >> Yes, they've been Jack Smith's been working with natural resources I don't know eight months, a year, >> been a long he's been working with the land alteration permit for a while. >> Yeah. What what concerns me a little bit
is that normal? Yes, it's basically it's under section 621936 of the county code. That's how it works. >> Okay. Because we don't ask you to design a subdivision before it comes here either. >> You don't? Are you sure? >> Well, we did.
>> Yes, we haven't. But it is unusual. This is different though because land alteration, we have to have the permit as part of the cup. >> But the process is a CUP and then the engineering. But it's been going hand inand they've been working on it for a while. >> Good. That's That's mine. That's it.
>> Thank you, >> Mr. Chairman. >> Mr. John. >> Okay. Uh, first question for staff. Any restrictions on excavations on Merit Island? I thought she was running away. >> Yeah, I know. But the rule the rules
have changed. Good afternoon. Good afternoon, board. I'm Jane Hart with natural resources. Um so for a bora pit in North Merit Island any any um
development or land alteration north of Hall Road and would be in the area that's part of our new code from 2019 that would have to meet um more stringent uh flood plane criteria.
So um they are required to u provide compensatory storage and we received a letter from them um about their flood plane fill their cut and fill and that shows their engineer has certified that they will not need to provide
compensatory storage. They will also need to um go through the North Merit Island flood model to prove that they are holding all their water. I don't think they're >> that would for a little more
information. So when they run the model, their engineer is going to uh need to certify that the activity on site will not increase the duration of peak flood stages within the area or increase flood
stages. Such certification shall be accompanied by a report supporting the certification and the report should include all full engineering data and analysis and compliance with good engineering practices and any and all applicable standards criteria and regulatory requirements including
hydraulic and hydraolog hydraologic modeling and analysis demonstrating that there is no impact. >> Thank you. >> So we would need to receive that before we issue a permit. >> All right. Um, do you happen to know what the level of the water table is in that area?
>> Uh, I believe the um the it's I believe it's 1.0 is the um the seasonal high water level. >> So, it's 1 foot below surface level.
I'm not sure on that >> the ground elevations >> name and address >> Jack Smith HSA Golden 11 Lake Gatlin Road Orlando. the ground surfaces if you
look on the um the the map uh that range from about two to three generally in that area where the excavation is going to be and we >> two to three what >> feet >> above sea level >> sea level okay what's where's the water table
>> about 1.0 zero the high seasonal high. >> Okay. So, so we'd put you one foot or one and 1/2 ft above sea level. Correct. >> The Yeah. Two and a half to three. Yeah. >> Okay. Two and a half to three above.
>> One and a half to say three and a to 2 and 1/2 ft above sea level. Right there. >> So, while you're up here, >> above above seasonal high, not sea level. Yeah. >> Okay. Yeah. >> Okay. Um, how are you removing water when during
excavation for your dewatering process? >> Well, that that's covered under the CUP with the um water management district. It is pumped into a a ditch that surrounds the excavation and it goes to
the existing lake uh further to the west that is in on the property that is uh controlled by the applicant. >> It is not >> it is controlled >> it is controlled by the applicant. And does that drain
>> that is uh self-contained most of the time. I think it it might be connected during flood stages but it's self-contained under normal conditions and then 5 days I believe before a major storm pumping is ceased
and uh the the pit itself will be drawn down and that will actually act as a sink to accept uh uh any flood stage water. >> So you're saying you shut the pumps down before a storm? >> Yes. >> Okay. Do you do any recharge into the
aquifer? >> Yeah, that that's the purpose of the um of the ditch around is to recharge back into the ground. So, a lot of the water actually circulates back into the pit.
>> Okay. Um just through normal percolation. >> Normal percolation. Yeah. >> Okay. Um, how much soil are you going to be taking out if this is granted? >> I don't have the numbers in front of me, but
>> 1.2 million yards. >> Trying to figure out how many trucks you're going to be bringing. Um it it also >> most most of the trucks are going directly to the >> but you're getting out on three to get to um you're not going just north of your site to get to Blue Origin. You're
going out to Highway 3. >> Well, the driveway is actually on federal land. >> No, I know that one. You're talking about the one to the north. I'm I'm just saying that um >> that's by 18, not nine because 18's a dump truck. >> Oh, okay. You got bigger. I was thinking
>> you're like an F550. >> Yeah. Right. >> It'll be a similar traffic to what has been existing uh you know previously. >> Okay. >> Um it also says that you're going to go south, >> not just north.
>> I think we estimated 80% north and 20% south. I'm not who they selling to to the south. >> Well, we don't know yet. I mean the >> Okay. You just wanted to >> We want that as a as an alternative. >> Okay. Um, your your major purchaser will
be Blue Origin. >> Yeah, as far as I know. Blue Origin. >> Do you I mean, would you say a million? >> 16,000 or >> Yeah. >> Well, now I got to redo it. >> Yeah. Do it again. Um, Blue Origin is going to raise their site
for construction, correct? Where is the runoff going to go? >> I have no idea what their plans are. >> Okay. you're just going to sell them dirt and uh and so anybody that's neighboring their property is going to maybe suffer because of a higher
elevation. >> They're making it they're making it high and dry. >> I I can't comment on that. >> Okay. Um All right. Thank you. >> Okay, >> I'll hold off for a minute. Okay, >> Miss Kim, could you come back up,
please? >> 66. >> This might have to go to the owner, but this is already an existing >> Yes, sir. >> borrow pit, whatever you want to call it. And he just wants to expand.
>> Yes, sir. >> And the watering is a recharge trench around the entire site. Yes, sir. >> Or just around the lake and then also you have the burm if I'm not mistaken around the perimeter of the property.
>> Correct. >> I'm very f familiar with compensating storage because of Miss Darcy back there. She educated me. But so we're just enlarging this. We're keeping all the water on site. Anything extra is going to go next door which you
control that lake also. >> Yes, sir. I have no other questions. Mr. Henry, >> I'm gonna make a motion we approve this. >> Second. >> Got a motion by Henry, a second by
Debbie on item H1. All those in favor say I. >> I. >> Any opposed? >> That pass unanimously. >> I was going to abstain. I was going to abstain. I don't know. I just don't believe that these models work. There's too much
flooding going on. >> Do you know how much it takes to get a permit? >> What do you think they're going to stop? >> Yeah. >> Do you really? >> Well, then why are we here? >> Okay.
>> All right. Item H2. >> Yes. Item H2, Princeton Technology LLC. request a CUP for 4 COP full liquor, beer and wine license for on premise consumption accessory to a restaurant.
Application is 25Z000044 located in district 1. >> Okay, sir. Are you the applicant? >> Yes, sir. >> If you could state your name and address for the record and >> My name is Dr. Sachin Shenoi. I reside at 7 Indian River Avenue, apartment
10007 in Titusville, Florida. All right. And a little bit about what you want to do. >> Well, can you repeat your name, sir? >> Yes. Suchin. S A C H I N. Last name S H E N O Y.
>> Thank you. >> All right. >> Yes, sir. >> And a little bit about what you're wanting to do. >> Well, I'm not sure that is what I want to do, but this is where we are. Um so I rented this restaurant about 3 years ago, two and a half almost three
years now. It is in Mims which is now Titusville but they call it Mims. Um it is it was a functioning restaurant for 40 years. It had 75 seats. We opened it as a restaurant with beer and wine license. It was unsuccessful for the most part. So we closed it down and I do
own a full liquor license that I can bring there or I can buy one. So, we want to open a bar there and it's not it's just for COP. It's it it could be it it it actually could go to Kota because I could bring a quarter license there and we've already talked to DPBRS
about transferring the full quarter license there. We want to serve food. It's not that we want to have a own a liquor store there. So, it'll be food and a fork cop. I even in my current place where the where the license resides, I don't do kota. I don't sell by the bottle. I don't sell to go. is
just a bar. So I might move that bar over there or buy a new license for this particular place. The seating is 50. Now per per their rules, you have to have 120 seats to have a four cop and we cannot do that. Our restrictions are
primarily space, maybe a little parking and maybe a little septic tank issues. It's not my property. I still have a few years on it and I just want to see if I can make it into a bar and see if that works because that allows us to plan for the future if if that concept is viable
in Mims or not. So all I need is to to zone it for a four cop or a kota license with a restaurant. I'm not sure that there is any I don't I'm not sure how it is zoned. So the process is very convoluted and we got lost along the
way. But that's my intention. >> All right. Well, while you're right there. >> Yes, sir. >> Do we have anyone in the audience want to speak for or against this item? >> Okay. Seeing that, I'm going to close this to public comment and bring it back
to the board. Do we have any questions for the applicant? Okay. I I have a question. Um, so I know that um I know you've got several restaurants in town. I frequent one of them quite often. Correct. >> On occasion, the bar.
>> And um I know that this this particular building has been multiple restaurants over the years and I and I know that you guys uh you know are trying to make something out of it too. And I'm not against this at all. I I would support
this. My question is, is there something that can go along with the cup that stays with that business as opposed to that property in case in case they decide to relocate that it doesn't hang on to that piece of
property? Is that a thing? I I've I've asked around in a hypothetical way and I haven't got an answer. >> Yes. So you can the board can add a condition to the conditional use permit that if this particular business goes
out of business then the um conditional use would be um >> voided out. >> Would you would you be opposed to that if I would be opposed to that because for me it protects my investment and uh if someone wants to do it again they're welcome to go through all the hoops I've
gone through and come over here and explain it to you all over again. I'd be happy to do that. >> Yeah, >> it would it would make me very happy. In fact, that might be a strong point for me to renew my lease if it works out. And if I fail, then then I walk away.
That's business. >> Mr. Mims, you got anything to say over there? >> Not at this place. >> Excuse me. No, sir. I do not uh except that I would recommend approval for this change. without a beady peak.
>> Well, well, I've got one of sorts, though. >> That's a little insight. >> Um, >> one second, Mr. Jared. With that recommendation, do you want to add that stipulation? >> Uh, yes. Yes, that's a good idea.
>> So, is that the motion or or should I make the motion? >> No. Do you have Ron's motion there with the >> You can second it. >> Yeah. >> Well, I'm I'm not sure if if everything got in there.
>> Have them repeat it. Repeat it, Mr. Ron, if you will. uh recommend approval with a um a conditional additional additional condition
uh that if the property is sold that the CUP goes away. >> Not not sold. This this one's rented. So if the if the tenant moves then the cup would not
>> remain with the property, >> right? >> That's what Ron said. >> Do you want it tied to a specific individual or a specific entity or do you want it to be tied to a use? So if it's a restaurant, >> right, this business which is Doc's, are you going to is it Doc's barbecue? Are
you changing >> the the um the parent entity is going to be CNS restaurants? C and Emperand S Restaurants. >> C and S >> CNS Restaurants, Inc. is the parent company. >> Okay. >> That is leasing this property. If if it
could be put in as that. If if CNS restaurant leaves the property, you can revert it to whatever it was before. >> Yeah. So, it's a conditional use permit for CNS restaurants to operate a bar per the laws of the state without having
a a uh uh a seating minimum or maximum based on theirs and then without having the 51% food requirement cuz we have a full liquor license. So we can serve food up to 1% 200% not 5149 and that
that's the ratio that's we follow for other restaurants. >> Mr. Chairman, how will that affect the original cup that you're currently operating under? >> It it does not because we have a we have a three we have a we have a beer and wine license right now. >> I understand that. That's what I'm
saying that under his motion the new cup would go away. What happens to the old cup? There is not a new cup. >> We have no old cup. This is a new cup. And this is conditional upon me staying in that premises. And if I leave the premises, which is CNS restaurants, Inc.
leaves the premises, then it reverts back to whatever it was. The conditional use permit is null and void. >> But don't you have a cup currently for beer and wine? >> No, administrative uh approval through a restaurant serving 51% is what they have. It's done
administratively. They did not have a cup for the beer and wine. >> Thank you. Okay. Yes, this is just for for this part. The previous one was was as he said, it was just a restaurant with beer and wine sales on premises. >> Pause a minute. >> Okay, one second. Yes, sir.
>> Uh-oh. Filing a notice. >> We're going to get clarification. What are you doing? >> Sorry. I don't mean to bog down in procedural things, but I I think we may have an issue with just the language proposed. is I think there's an alternative possible because if if you say the condition is that it would be
revoked, you know, there's a statutory and code process to this would be effectively a reszoning. Um so we wouldn't do be able to do that. But what you could say that can that this cup that to allow them to do liquor, beer, and wine would only apply to a
restaurant operated by this gentleman. and therefore so the cup would still be on the property after that, but they wouldn't be able it would be violating the zoning to to to use it for any restaurant that's not operated by him. >> So that's one proposal. We can still think about other ways to do it, but I
just I'm just trying to stay away from the idea that the cup automatically gets revoked somehow because I don't think you can do that. >> That's that's more or less what I was asking if it was possible. Yeah, >> Billy, just >> you know, CUPs are just
they're touchy subjects and and we've everybody on Merit Island's got one whether they got a liquor store or not. >> Mhm. >> And and I will say >> I just have some reservations on the the continuation because you don't know. And and I I would also just would point out
this normally most uh cups that we do now are administrative approvals associated with a restaurant. Those if you look at the code automatically um you have to reapply for a new one. Um because those
can be administratively removed just like they're administratively approved. Okay. >> Um so those automatically go away when there's a change of management. They have to apply for a new one. But this because it's going through the resoning process with the board. >> Okay. >> Uh that's where my my concern comes in
about saying that it's somehow revoked. >> It's still tricky. >> It is. It very much is. You know, if the the if this board recommended that we would really look at it before it goes to the board of county commissioners to see, you know, if
what might be the best way to implement it. >> Thanks. So I would second Mr. Bcher's motion to approve with the added condition of the cup
uh being available only to the restaurant operated by CNS restaurants. Is it did I say that? Are we are we all on the same page? CNS Restaurants, Inc. That would be the
the the parent company operating the restaurant. >> Are we good, staff? >> Okay. Uh, item H2. I got a motion by Ron, a second by Jared. All those in favor say I. >> I. >> Any opposed?
>> That pass unanimously. >> Thank you very much, everyone. I have a question on the fifth. >> Don't ask about CPS. >> I know nothing about them now. uh on the 5th of March when it goes to the to the board. Do I have to be present? Do we have to be present for that meeting? >> Yes.
>> Yes. >> Okay. That that's all. We'll be there. Thank you very much. Thank you. >> Why are they always dealing with cups instead of glasses? >> Do we have any other comments? >> Meeting adjourned. >> Okay. The opinions expressed by any
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