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[Music] if you would lead us in the pledge of
allegiance i pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation under God indivisible with liberty and justice for all
no you're fine okay this is the planning and zoning board planning agency it's an advisory board which makes recommendations to the county commissioners who will make the final decision on these items items on today's agenda will be
heard by the county commission on May 1st 2025 when a motion ends in any kind of a split vote a roll call vote may be taken to ensure accuracy as a reminder each member who makes a motion or a second needs to turn
their microphone on so that your voice is on the record speakers for public comment on agenda items will be given three minutes at this time if any board member has had any exparte communication regarding any application please
disclose so now all right seeing that I bring it back for a motion for the approval of the PNZ minutes for March 17 2025 so move second got a motion by Logan and who was the second
from i'm sorry over here in the peanut gallery help me with your name i'm sorry sir rob Brothers all right a second by Rob all those in favor say I four years now i know i'm still learning here did we get that
staff okay uh Miss Kim we're going to go with item H1 then we'll go step uh board we're going to go to item H4 for our second item item H1 please item H1 Cababella Development LLC being
represented by Kim Rzena request to change the zoning classification from BU1A to RU-2-6 under application number 24 Z0064 located in district 4
good afternoon chairman members of the planning and zoning board my name is Kimra Zanka i am with the law firm of Lacy Rosena in Melbourne Florida i'm here on behalf of Cababella Development LLC um and the contract purchaser to Prima Construction Corp i'm here today
is Ron Levy with Cababella Development Joe Deprima the president of Duprima Construction and uh Demar Han the vice president of uh Deprima Construction in case you have any questions for them regarding their proposed
development this is a request to reszone 5 acres from BU1A to RU26 to allow the development of town homes i've provided you a nine-page document uh most of which is already in your packet but it's just easier to go through this and uh
not have to try to find your page numbers on your agenda um the first page is the location as you see it's on Wickham Road it is south of a large shopping plaza north of Cababella office condo west of Wickham Road across from
the post office across from a three-story 270 unit apartment complex and then um next to Cababella subdivision uh further to the west um this is a parcel it's uh page two i just wanted to
show you that's the Cababella office condo many people think this property was part of that it never was also to let you know there's a tiny little square that's undeveloped um so one of the offices pads is vacant as you can see from page three
that's the Cababella Commercial LLC i've also provided to you um two pages of the plat of Cababella subdivision and that it's hard to read but it does indicate that this lot E is part of the development of Cababella
subdivision and it's up to the developer to do what he wishes with it it was not intended necessarily for uh for commercial development or for housing it is zoned commercial though um but as you know houses can go in there as well uh
so in fact we could do town homes in BU1 with a mixeduse development like we talked about at the Merit Island project I did several months ago uh but this is what they choose to do as town homes that has very specific definitions of what you can do with town homes the setbacks the sizes things like that if
we went with town homes in a BU1 is somewhat of a crapshoot as to what you would be getting here you'll know exactly what you're getting because the RU26 zoning category has definite um requirements i want you to look at page five you'll see that there is a
50-foot buffer between the single family homes and what will be town homes and that is tracked reserved owned by the HOA preserved by the HOA and as you look at the aerial it has many trees within it also there's going to be at
least a 25 foot setback for the town homes and they intend to build a concrete wall just to let you know uh so there will be a nice buffer there you'll have um the buffers from the setbacks of the individual homes you have the 50-ft buffer then you'll have another buff
then you'll have a wall then you'll have another subdivision buffer then you'll have a 25 ft setback to the town homes the town homes are intended to be 27 by 75 ft they're going to be twostory garages underneath uh the the intended sale price is somewhere around
$600,000 and as I said they'll have twocar garages uh this um use of town homes of residential single family attached residential is a less intense use of what could be on this property if you
look at page eight and page nine this is a uh traffic analysis statement done by LYT sorry traffic planning and design and it shows that this will have substantially less trips than could be there if a shopping center was built if
a shopping center was built it could be 163,350 square ft with a trip rate of 7,27 trips whereas 30 town homes will have 216 trips so this has a much less intense
use than could be if it was a shopping center also on page nine it shows that the um daily volume of this segment of Wickcham Road is below capacity and per the staff report and per this uh trip generation report this will not impact
the maximum allow val value of the trips on Wickham Road this according to the staff report is a mixeduse area there are no concurrency issues and this will not have a material violation of any comprehensive plan policies uh with that
we would ask you approve the resoning from BU1A to RU26 on these five acres and we're here to answer any questions okay bringing that back to the board we got any questions for Miss Kim you want
to go public first not yet not yet okay I have some questions okay Mr john um whatever happened to affordable housing this is a prime candidate for live local it's got enough acreage it
has a lot of incentives attached to it it's a commercial property and I'm the chairman of the affordable housing council so I've got to try and entice the owner to think a little differently you're only going to put uh how many units we've asked for 30
right um although the the concept plan that shown you is 20 there is a wetland there there's no wetland survey yet so we're not certain if that can be impacted if it's actual but there they will avoid the wetland because it's going to now be residential if it was commercial they could impact the wetland but by going residential they won't be
able to so uh my client isn't in the affordable housing business um he is or isn't is not is not and uh he's actually um he owned the five houses just to the uh the five lots he owns a lot he owned all five lots just to the to the west of
this parcel one has been sold but Deprima Construction owns those and if you know what's at Cababella those homes now are anywhere from 800,000 to $2 million homes in that subdivision uh true affordable housing could go in
commercial but that's not what the the client is asking for that's not what the owner wanted nor the contract purchaser well I would be remiss if I didn't ask you understood okay shame are you good Mr john so far
we have any other questions from the board to the applicant all right and I'm gonna hold on one second Mr roseno i'm gonna take it out to the audience is there anyone in the audience want to speak for or against this item
all right seeing that I bring it back to the board make a motion to pass i'll second that motion okay I got you now Mr rob all right Miss Erica motion to to approve and a second
by Rob all those in favor say I i any opposed opposed we had one oppose that motion that passed so item H4 please
item H4 Wayne and Laura Vet being represented by Chem Rosenka request a change in zoning classification from BU1 to BU2 under application number 25Z 00005 located in district
1 uh good evening chairman members of the planning and zoning board my name is Kim Rosena with the law firm of Lacy Rosena in Melbourne Florida i'm here on behalf of the owners Wayne and Laura Brassette and the contract purchaser Home Nation Cocoa LLC representing Home Nation Coco LLC is Nick Dtori in case
you have any questions about the proposed use uh the request is to change the zoning on two almost 2 and a half acres from BU1 to BU2 and the intent is to have mobile home sales they currently are operating the site across the street
mobile home sales and they intend to move this over here this is a vacant lot there's a commercial nursery to the north there's a church to the east mixed juice office to the south and again mobile home sales and offices to the west and then just to the south of that
is the Missile View trailer park uh this is a permitted use with conditions in BU2 according to the staff report this is a commercial corridor this does not um indicate any use that would impact the levels of service the staff report
indicates there will be performance standards that will have to be abided by that will come at the site plan stage and at the actual um operational stage those performance standards are dust smoke odor lighting vibration
uh radiation waste disposal water quality water consumption signs access and noise to name a few but those are all site plan issues that will be addressed and those are dealing with the lighting has to stay on the property and things like that uh also staff indicates there's no
material violations of any comprehensive plan policies from this request and that this does not encroach into any existing residential areas with that I would ask that you approve the request for reszoning from BU1 to BU2
okay one second miss Rosena is there anyone in the audience want to speak for or against this item okay ma'am if you could come up and when you get to the podium if you'd get the microphone as close as possible state your name and address for the record
okay thank you i'm Sandra Kennedy um I'm an attorney my address is 3711 Warwick Drive Coco Florida um my notice states that I was being given notice because my home is
within 500 ft of this project and the notice doesn't state what was just said um they're requesting on my notice a change from BU1 general retail commercial with a binding development plan to BU1 general retail commercial
without a binding development plan um so I'm here already not having the information that I should have to have proper notice and opportunity to object to construction being con conducted basically in my backyard so some of the
issues that are very very important in our area are that um we're on a flood plane there's an aquafer and the water charges and then pours out down the ridge from the US1 elevation down to the
Indian River Lagoon it floods Indian River Drive which is our only way in and out of the neighborhood so when you concrete over large areas or do anything that impacts the aquafer you increase the flooding the development
restrictions that I'm aware of which haven't been furnished to any of us are a need for a vegetation barrier and a concrete wall again there's a lot of clearing that has been going on some of it has been occurring without permits um
and this has dramatically increased the sound in the area just in the last few years since I moved into this neighborhood um so the wall and the vegetation anything that protects sound is very important also crime we don't want people just walking right through
and then entering the residential neighborhood from the back of this building or this construction um and homeless people um who are already on the other side of US1 just camped out hiding next to the railroad tracks and there has been evidence that they have
crossed over um we don't need that increased um and we also have flooding so bad that the water runs 247 through our storm drains rain or shine it cannot rain for six months and that water still floods because that is the impact of the
aquafer and the flooding in the area also when there's a hurricane water runs down my driveway for like two weeks the last couple of years it just flows flows flows for two weeks i'm not a public easement for the county to absorb their
water and I've heard it ran for three to six months in during Hurricane Irma I believe it was so we don't need less development restrictions we need more in this area we need to protect um this environmentally sensitive area and
restrict the amount of the land that gets concreted over okay all right thank you ma'am thank you does anyone else want to speak for against this item sir if you want to come up and get as
close as you can to the microphone and state your name and address for the record i'm Paul Tucker i'm at 208 York Drive i live directly next to uh Sandra um just want to reiterate what she said we're on
a 25- ft uh DOT ement in the rear of our lawn which has turned into a highway for people that uh want to get from US1 to the river uh unfortunately the people that are traveling down that highway are not exactly the people you want in your backyard um they're trapped between our
subdivision and a church uh and we do would uh would like to address the water concerns uh any development going on in that area needs to be very sensitive we do have 24hour day water running through uh the DOT easement behind us the
uh the system within the subdivision i mean it runs 24/7 i've lived there for seven years and I've never walked over an inlet that didn't have water running um we live on a coina ridge um Sandra's house was uh brought down level in order
to be uh in compliance with the rest of the neighborhood uh so that coina ridge is probably 6 foot above her grade and it's constantly running water after a huge storm like a tornado hurricane so I would like you to address the water
concerns and uh we need some type of a buffer a wall or something that that blocks that DOT easement all right excellent thank you thank you anyone else want to speak for against
this sir if you could come on up same thing if you'd state your name and address for the record how you doing i'm James Stoker i live at 3711 Warwick Drive Coco Florida uh and so as has already been discussed I just want to reiterate that this property
abuts a residential lot that's my property uh and so the natural resource department requirements right about a buffer all those uh protections right to make sure that the uh residential property maintains its residential nature and character right and you're
not fully exposed to any kind of commercial development want to make sure that that's accounted for in this plan and then just to echo what's been discussed about the flooding there are significant water issues in this area and so any plan that goes forward has to thoroughly assess and make sure that
those things don't impact all the properties that are downstream it is a significant elevation drop and the water does run right down under our property and uh all the other properties down beneath us so that has to be taken into account into any plan that goes forward for this particular
lot i think that's all I've got all right well thank you sir thank you can we get clarification from the notice card on the binding development plan that wasn't mentioned when the lady was up well that's going to have to be handled with staff sir this is just we're just
planning and zoning here so anyone else in the audience want to speak for against this item miss Kim if you could come back up go ahead Miss Trina so staff looked into
the issue we do see that the notice went out to say BU1 with a BDP and request BU1 without a BDP that is incorrect there is no BDP on this property and the request is BU2 thank
you you're welcome we again Kim Rosena on behalf of the Brassettes and the contract purchaser uh there was a bind a special use permit on that site according to the staff report that was revoked back in 1973 um but
that that's a non-issue at this point i I was unaware of a BDP so I was waiting for clarification as well uh regarding the flooding as you all know development standards will require that they retain all their water probably will retain more than all their own water as you know and that would be a site plan issue
um same with the bufferings if if it's next to residential they're going to have to have I think a class A buffer whatever is going to be required that will be done in site plan and um regarding blocking the easement that is the property to the south that's adjacent to that easement perhaps when a wall goes up that will help some of it
because it will at least people might think that is blocking that easement um but that's that's nothing that we can take care of we're not even adjacent this property to that easement um so with that um we understand the issues we know this is Aina Ridge we know there are water issues and they will address
that at site plan with that we would ask you approve this zoning request to be you too of course all right Mr henry Kim um do we know who the engineer records going to be rick Kern oh okay no
yeah I don't sorry rick Kern was the last one okay i apologize do we uh if you if you hold on just a I believe it will be MBV engineering um you're working on a project
relatively close by that we've had major discussion 66 miles to the south i checked this morning okay yeah we don't we're not going to hash that again no sir not now it's coming back it likely will come
that's I had rumors to that um they'll probably be able to handle the designwise they can probably handle most of that water that's generated from this
site but isn't that water comes further away than I suspect some of that water is coming from the other side because I know that's the way the drainage pattern is and there's a lot of pipes there there's a lot of easements there uh we've tried to vacate some they
won't let us vacate them because they say they're going to have to redo the drainage to the river so okay but as we've listened to the people it's been amazing how much they've got a big issue it's just not this i don't know about this particular subdivision but I know the other one that was like a 1960s
subdivision the uh the Parkchester one i know that was an old subdivision older in the 60s we didn't care about water it would take care of itself yeah that's all I had mr chairman Mr john um tell me how many
um mobile home units are they planning to put on this property it's going to be a sales facility i don't I don't know it's going to be similar to what's across the street because that's what they have now so if you look at the aerial from across the street and a little bit to the south
cuz there's one isn't there one further south that also is and they just kind of have a bunch of it stacked around there it looks pretty ugly on the right well that now they'll have a site plan so they'll they'll have to make it look nice they'll have to abide by the site
plan they'll have to have travel lanes they'll have to have distances to move them around so I I don't know exactly they don't have a site plan yet or a concept plan yet okay we don't review those anyway um the ones that I've seen in the past usually just have gravel as
their uh road surface rather than paved is there any because of the flooding issues in that area is there any chance that they would consider doing a permeable type of paving so that they would absorb some of the runoff that
they're going to get yeah i I don't just to help themselves too i know enough to be dangerous about the engineering principles on this but I know gravel is not considered to be pvious anymore so no they would have aquifer zone i think we can only have 40% coverage and I'm just spitballing this from things I've
heard from staff in the past so um they're going to do whatever staff tells them to do they're going to stop whatever flooding is going off their property um they'll as I said probably make it better because it's just now flat level ground so I'm I'm sure they're going to do it right well as was
stated in that uh other property last month that they're responsible those people were responsible for keeping their runoff on their own property so this is going to be the same situation here yes sir okay all right thank you Mr chairman
anyone else have any questions for the applicant i have a question for staff all right miss Ruth um even when everything is done absolutely right and the runoff is whatever's policy is followed in
ordin with the planning and zoning to retain the water on the property um when that if that could fail what does that look like and how does it get corrected that is not a question that I could
answer at this time again that is something that will happen during the site plan process and there's engineering for that and then uh public works department would review the drainage plan to make sure it adheres to whatever regulations the county has for
them to retain their water on property okay any other questions yes sir sir we've already give you a shot sorry about that but we're going to have to move on now i'm going to need a motion sir I'll make a motion to approve item
H4 i'll second it okay I got a motion by Anna a second by Erica on items H item H4 all those in favor say I i any opposed that pass
unanimously okay item H2 item H2 Troy Holdings LLC requests a change in zoning classification from BU1A with an existing BDP to BU2 with removal of existing BDP with a new BDP
applied under application number 25Z 001 located in district 2 and you must be the applicant representative for the applicant Jim Troger of Trogger Consulting Engineers i will keep it short and sweet i have
nothing to add but make myself available for any questions from the board or from the Jim we're going to need your address too for the record 2210 Front Street Melbourne Florida sweet 204 all right a little bit to hear about what you're wanting to do yes
sir so this in a very similar format came before this board and the commission back in 2023 uh the binding development plan tied to this never made its rounds to get all the required signatures property has been transferred to a new owner we spoke
with staff and uh they recommended we just kind of do the dance all over again so here we are same product actually larger setbacks now um but you know made my job easy with the draft version the binding
development plan it's pretty similar to what uh staff has looked at before we're just looking to uh just do it again and you know well you want to add outside storage too or is that what I don't believe there's outside tied to this
okay so BU1A to BU2 correct so the allowable uses will be just the indoor RV and boat storage for BU2 as well as the allowable uses in BU1 all right hold on right there sir is there anyone in the audience want to
speak for or against this item come back to us first i I'm going to ask them no we're good you can stay put i would just No come on come on back i didn't know I didn't know if they were lining up behind me nobody's wanting to speak so we're I I got a question first uh hold
on one second Mr i'm sorry ma'am what sorry did you say for and against or if you want to speak either for or against this project okay Mr jim if you could just take a side seat ma'am if you could come up and state your name and address for the record
thank you sorry about that my name is Maggie Duchek i live at 70 North Tropical Way um if you notice that is the south abutment of this land that we're talking about that is my fence my backyard my bedroom window looks right to where I think they're planning on putting um not only the RV storage but
to get in and out of the storage so naturally going from BU1A and in a year and a half ago when they changed it they changed it from neighborhood community to commercial community if I got that right sorry um so that kind of got away the buffer of
residential um neighborhood thing and BU2 scares me i have to say I've lived in that house over 20 years been to Merit Island 40 years you can put anything there i would not have bought this house 25 years ago if it was someone BU2 behind it um so and then the
other BU1 um uses is another concern for me because if this doesn't happen then that just basically gives them a free bump from BU1A to BU1 without going back to the board um I don't know about you but I my quality of life you got I know everything's the noise sound verbage
anything like that but I don't see how you can have anything within 15 20 feet whatever the new setback is with this degree that's not going to affect my quality of life like either outside in my on my porch or at my like my bedroom people opening up bay doors i don't know
i just I know it was approved i wasn't able i was out of town so I just want to give you my concerns and I've been through this like in the 20 years so um I have a little pessimistic attitude when people put in BDPS and what they do so I just thank you for listening all
right thank you ma'am ma'am when did when did you move in there i bought it in 2001 and we had a thing with a car wash in 2005 six i forgot i missed that and then this one okay
thank you sir if you'd like to come up and speak also if you would state your name and address for the record my name is Michael McGra my address is 60 North Tropical Way that's 6 and I'm
Maggie's neighbor also this is now the third time that we've addressed this property we were gonna be a car wash one day and you guys passed that and nothing
happened then all of a sudden we want to put storage units there that never happened the owner sold the property after being upgraded in zoning so I
guess we increase the property value by doing so which I think is unright they didn't even show up to sign the upgrade they sold the property immediately not immediately but they did
sell the property without any development now we have the prior owner's husband who's an attorney representing the new owners who are going to develop this property supposedly i'm very concerned that this is becoming
a shell game let's make it do this let's make it do that let's get the property zoned as high as we can and increase the value of that property as much as we can before we decide to sell it
again we have a lot of issues in that neighborhood with noise issues we are fighting the airport and the twofly uh training school nonstop they have no regard for the neighborhood and I'm not
seeing a lot of regard for the neighborhood with these development plans if we can get a binding development plan and I was told by the attorney and I do thank him that he did call me back after calling him i did have his number because I kept it from
the last meeting but if we can get a binding development plan and at least see what this plan is i haven't seen anything yet the attorney said that there was some minor changes to the prior setup of the buildings but it it's
our backyard i've been there for 22 years also Magg and I were kind of moved in around the same time a year later but I just I I wonder when I'm going to be here next what's the plan going to be
next what are we gonna do with this property and I think that's what you guys need to look at too i mean business is business and I welcome that i'm a businessman i own my own business okay but I abide by code and
rag and roofing you wouldn't believe the amount of code and rag we've got to deal with so I just want you to look at the history of this property and to consider that when you make your recommendations
and I'd also like to know what what is it going to be that binding development plan is very important to Maggie and I we want to know that it's not going to flip-flop i heard the term well we'll just get it done to be too with this
development plan and then we'll do what we want when we get it done i'm not a do it what you want when we get it done after the board's approved it or made the recommendation for it please consider what we're going to go
through that's all I have i hope I don't have to see you again in this regard okay lovely people but all right three times you're out thank you sir i appreciate you anybody else want to speak for or against this
item sir if you could state your name and address for the record steve Duchek 310 Riverside Avenue okay maggie is my daughter
she uh little history she bought that house because it was two blocks from the elementary school so I put up with the buses going back and forth during school year trying to get into her driveway it's a U so there's no other access into
it except for this one U tropical way uh my concern is I would really like to know what is going to go there the very first time I heard anybody doing anything back there there is a 71 on the
corner we were told they were given an exemption to build that there the the rest of that on the other side is agriculture there's horses there i spent half my time going back there cleaning up beer cans bottles
and stuff with people going back in the back i helped her put up a privacy fence back there just so she doesn't have to worry then they came in and they said "We're going to put a car wash there."
And I said "Okay." Within a span of four miles there are six car washes i said 'N nobody's going to go there oh it's going to work because it's going to be a 24 hour hour car wash i said 'Are you going to have security
no okay fencing no so I said okay but we're going to have a binding development plan that was brought up by the by the board so I said great so at least we got something to rely
on nothing happened so I happened to know some people that work for the county and I called them and I said "When are they going to start building the the car wash?" Oh no he's not going to build that because he can't afford
it okay so we waited and waited and now we're going to put up a storage place for an RV and boats which all you have to do is go down four or five blocks and there's a whole bunch down there by the airport
now those are all commercial so they want to change this site from what it is now which you can put buildings you can put offices you can put all that stuff but I can just
see what when I was told two bays with the road down the middle so for people to drive in with their RVs and their boats aiming right at my daughter's house now to me as a businessman that doesn't
make a lot of sense to put something you don't need so I'm going back saying like he said what are they trying to do you know are they trying to get this thing to get a higher zoning so they can just
say well we can't do that but we'll do this because you allowed it okay i don't mind whatever but I would like to see the building development the BDP written in such a way that if they
don't do it it reverts back to the original one which when I asked at the last meeting they said they couldn't tell me they could do that so I don't know honestly what's going to happen i just watched with her concern of what she's doing okay and I
I'm getting too old for this and I'm saying you know I'm just going to leave and you can have my house which is away from all this trouble and when neighbors start objecting you know that that's not a good sign so thank you for your time all
right sir thank you anybody else want to speak for against this because I'm going to close public comment all right public comments been closed sir if you want to come back up and does anyone on the board have any questions
for the applicant can you I I got a few can you enlighten us a little bit on what what you're willing to undertake on that site well yes sir um so uh kind of was alluded to there was some minor
changes uh from the last time to this time um we're aware the residential to the south of us so the previous um packet that came through and was approved had a 16 foot setback the code requires 15 ft there was 16 ft of setback from the buildings the property
line now we're proposing over 60 ft so we're listening you know we're doing what we can um as well as a wall buffers all the bells and whistles that uh land development requires on our site plans um as they go through uh there was some discussion about traffic this is one of
storage is one of the lowest traffic generators known to man um so hopefully that'll be a benefit from what else could be built on this property and uh the last gentleman was exactly right what happens that's that's why we're here uh the loop didn't get closed so
the zoning reverted back to B1A um if if it doesn't happen this time that's what will happen again um it's our client's intent to move forward with the development that's why he's paying me to be here um but this is the first step maybe the other steps don't come back to
this board but um there's other design professionals before they get involved you got to have your zoning right or they can't send anything in for your staff to review so that's the step we are in the process right now can you do a BDP yes we are doing a BDP absolutely
they got one good so I have a question maybe for staff I guess but because none of the surrounding area is um BU2 right would this be considered inconsistent with the
surrounding area as you stated there is no BU2 um in this area and the surrounding area however the it would be up to the board to determine whether or not this is compatible and consistent with the
character of the area if I may um that BDP does list the only allowable use in BU2 is indoor boat and RV storage then the rest of the allowable uses are only BU1 which is
around the area right so it also states in the BDP if I understand this correctly that um so it's the developer and then it's also the owner can only use it for such
and then I believe number six in the BDP says that no one else can change this they can't like buy it and flip it and do something different so it can only be used for this let me look at my BDP here
that's a little out of my area of expertise i'm not going to try yeah but I mean like I think this is what the people want to know they want to know is it going to you know what are we changing here so even if we were to go against um what's consistent with the area then
we're in the agreement shall be binding and shall endure that the benefit of successors or assigns of the uh practice and shall run with the subject property unless I mean so I think what they want to know is that this this is it is not
going to change because the wording is a little confusing if you look at number four that the developer slashowner shall limit it to the RV and boat storage as allowed in BU2 zoning district but the
developer can sell it and it's reszoned the the binding development plan it's my understanding the binding development plan runs with the property if it's sold or transferred it is and again the document that's part of this is a draft document it's after hopefully we get
your approval or recommendation for approval and approval um from commission it then goes to your county attorney's office and they mark it up yeah um it goes back and forth so this is the draft version okay so yeah so then my only comment would be that it may be
inconsistent with the surrounding area we're introducing new zoning mr chairman yes sir mr john staff do you have a copy of the old BDP we do not at this time okay because it wasn't in our pack either so I have no
idea other than these the one paragraph at the bottom of our documents which stipulated part of it i I would like to review that before I make a decision on this you would like to review the previous
previous BDP that's that stands as it is now correct because the one that we put together in I guess 2023 2023 correct there is no approved BDP it never made it from it wasn't signed i understand that but there was one from before that
correct okay am I right i'm not sure that I'm trying to remember here because the configuration of this it's a strange configuration on the lot i don't I don't remember an
early at the very beginning of a BDP did you hear that yeah they're looking sorry say that one more time did you I don't remember that this is I'm trying to remember here from the early days i don't
remember a an early BDP so I actually have it here um it's having gr That's the one that was done two years ago this is the one that's active right
that's active right now yeah yeah okay so the one that's currently active it says it's granted having granted BU1A classification for restricted neighborhood retail commercial zoning will not construct or permit the
construction of any convenience market on the property and will not undertake or permit gasoline sale gasoline sales accessory to a convenience store or otherwise will not undertake or permit
the sales of alcoholic beverages from the property what's the date on that the date on this is 1990 that that also that BDP is only on the small sliver of of the U
part it's not on the bigger portion of parcel 8 wasn't that put in there because of the existing um 7-Eleven that's on that corner they didn't want competition yes okay thought so but like
I said it's only on a very small portion no I understand it's the the one that they would be using for an right up against the 7-Eleven right it's not on the on the parcel 8 yeah um what's the uh the height going to be
of this building it's going to be single story okay but that could be 30 feet high oh no i mean they'll be You said you're doing boat storage interior right so you're going to they're going to have to lift them up and put them in dry dock
essentially right they Yeah they won't be stacked i mean I I've done a quite a few of these down in uh down in the Mo area in North County i've never seen one of those garage doors more than 12 feet tall i think you get into a whole other world there so they're individually Yeah
set up like it's it's one building with multiple units in per building so almost like public storage um because normally these um these are usually open racks that they put boats in and they can
stack them or they could um have an inside bay and then they work inside the unit for the whole place sure so these are not just individual yeah the intent here is uh if you personally own a boat or an RV and you're in a HOA that doesn't allow you to park it in your
yard will you come bring it here it's on a licensed trailer it's not taken off and put on a rack or anything so essentially it's a set of garages uh that's sure i mean that's that's a comparison um Yes
okay mr chairman yes sir mr logan so everything everything will be indoors or will anything be parked outdoors outside of a garage uh this is an indoor storage and then I see that with the last BDP and then looking at now that it's only for it seems like a much much less
invasive that it's only RVs and uh boats that can be stored there to me that's not that much in and out if someone's going to store their boats because they're not using it for the winter that kind of deal rvs if they're not going out camping that kind of deal so where you could have a gas or not gas station
but say there was talks about car wash where we'll be rotating cars all throughout the day um this is kind of a hey let's go park it and leave it until we need it again if there is going to be something there commercial uh retail that kind of thing i think this is kind of a less invasive uh mentioned the
height of it and homes being around it that's the only concern I would have but if it's one of those where you pull it in park it type deal I don't see a problem with that it's going to be less moving around um that's just my point of view on that aspect agreed it's a very low trip generator
it's They're usually pretty quiet but is it I mean if How many How many of these garages are you going to have i mean I have it on my phone i'm uh Okay that's I don't have an important call right now i mean maybe I do but uh I'm not sure we need
to help him decide oh I don't want him I don't want to help him decide i want to know what the traffic's going to be and because it's a residential neighborhood and I I don't think that it's appropriate in this area to have this thing there's down the road on Cone Road
you have all the industrial sites okay not major indust it says there's 10 units with 10,000 square feet uh each unit not each unit plus or minus and then 8,000 plus or minus for another
10 units there's only going to be 20 units per the plan they turned in and then they also the BDP has an 8ft wall going along the south property line to protect the sound from that yes there's there's actually less units
than that was approved back in 23 i don't think I liked it in 23 but I don't remember i don't remember um so uh I'm just I'm against storage in the county uh strictly because we're not a storage county we have more storage
facilities here than the city of Houston does which has six million people and it always bothers me when people come here it it it doesn't provide jobs for anybody it doesn't help the neighborhood so much and and yet we uh we allow it to
happen and I always object to them because I don't think it's the right thing to do with the land especially when we have a housing crisis understood uh Jim isn't it true that the way it's zoned right now you can put a shopping center there i believe the B1A
allows for uh uh yeah that type of of strip mall sort of thing it is a funny site though because of the access to it um but yes you could put in something a large trip generation uh generator something noisier um absolutely or it's
actually zone you can put another daycare there or a daycare something like that exactly let me assure you this is the less of all the evils that that particular site can have yeah I would agree and the whole I mean on one of these maps it's all red uh but also it's
all B1 A B1 B1 uh BU2 BU2 so I do think it does conform with that whole around that subdivision to the south and I do think this is a less intrusive uh aspect that could go there can I ask a question clarification point
i don't see anything on the BDP that would indicate as such but just for clarification there's no is there power here like people aren't hooking their RVs up and letting them run for the night like trying to there's no like there's a prohibition you can't live there you're not having And again with the garage doors there's not they're not going to get ready out to like a
landscape company no one's coming in and parking their trailer at the end of the night and then leaving the next day for work that's correct there's there's that that's not allowed by code um there's no dump station there's I don't see anything there's no pump out um there is power in the units because uh you know
you charge your batteries that sort of thing for your RVs and boats but but yeah the the code is is very strict that it is intended not to have someone live in these units um or use them for a commercial purpose uh like you said like somebody building surfboards or
something that's not allowed thank you would this be a 247 in and out or certain times i believe they'd allowed the access um you know um 24 hours yeah it looks like it's gated so it'd have a keypad it probably be controlled
security-wise or exactly I don't see an office on site so how does that work is it by tag or code or something that Right it would be like a key fob system and then we have you know there'll be a small it's required to put like a bathroom and then a little office but everything's you know done online and um
with only 20 units okay but uh yeah it would be like a key fob or a keypad to get in and out of the facility thank you Mr henry i'm gonna make a motion that we accept what uh was submitted today second with the BDP with the BDP as
illustrated second okay we got a motion by Henry a second by Logan all those in favor say I i any opposed opposed opposed we have two opposed all right thank you
sir item H3 item H3 buana 2023 LLC request a cup for alcoholic beverages on premise on premises consumption accessory to a bar
and restaurant with an outdoor patio under application 24Z 00004 located in district 2 and um this went before North Merit Island and they
approved it unanimously okay ma'am could you state your name and address for the record yes my name is Monica Pritchard and I am with Goldman Monahan Dakar and Betine and I represent Mr maho Patel who's in the audience uh
the manager of Bani 2023 LLC and you need the address for the firm 96 Willard Drive um Cocoa Florida and the zip code is escaping me sorry all right well while you're right there
is there anyone in the audience want to speak for or against this item before we go forward okay ma'am if you could come up if you could just step aside please there four
good afternoon my name is Rose Plameumber and I'm here on behalf of the North Merit Island Homeowners Association and our address is PO Box 542372 Merit Island Florida 32954-2372 regarding the cup for the
Kings Duck Bar and Grill the North Merit Island Homeowner Association has no objections thank you thank you anyone else want to speak for or against this item i think all right seeing that then I'm going to close that for public
comment ma'am if you could come back up and probably this guy knows exactly where that place is yeah everybody is really excited about the King's Duck in coming back kings Duck In everybody's very excited i'm guilty too i've been
there yes so as you know it was previously approved in 1971 unfortunately it was a COVID victim it went out of business and with it going out of business um the uh cup expired right and so Mr patel has really put in
a lot of work into the property upgrading it um new fences completely gutting the inside making it you know beautiful again and the community is excited everybody's ready for King Ducken to come back so it's like a
landmark there yes I am excited and he has a wonderful menu planned um he's intending to return it to its former glory all right seeing that I bring it back to the board we got any questions for her or do we have a
motion i'm I'm going to make a motion only because let me I'm not going to get into detail um but that that is one of our North Merid Island historical sites yes
i understand now it's no longer K king's duck in it's now King's Duck is that correct i think he'sing you dropped the end yeah that's good no more sleeping over i'm going to recommend approval of the
CU second we got a motion by Henry a second by Logan all those in favor say I i any opposed that passed unanimously good luck sir
okay item H5 item H5 and H6 are companion applications i'll read them in together but they'll need separate recommendations so Ryan and Sarah Law Lawen request a smallcale
comprehensive plan amendment 24S.01 01 to the future land use designation from res one to 2 and a half acres to excuse me res one to to 2 and 1/2 acres to res
one um under application 24S 00001 located in district 1 and item H6 is Ryan and Sarah Lahan request a change in zoning classification from GU and SR
with an existing BDP to RR1 with removal of existing BDP under application 25Z00002 located in district 1 okay sir could you state your name and address for the record uh yes sir ryan
Lahan 155 South Court Avenue and a little bit about what you're wanting to do uh so as you heard uh my name is Ryan Lahan my wife Sarah Lahan is in the audience uh we've been working very well to uh save up money to purchase this land uh and build our first home uh
we're here today going through the process and like to get our zoning changed so we can continue with our dream of building our first home uh we recently found out and we have been blessed that my wife is pregnant with our twin boys um she's now at 19 weeks um in January my wife and I attended the
homeowner association meeting for Veronica Estate subdivision to explain to them why we were needing to get a zoning change for our lot the response from everybody was very positive and they were excited because there was a lot to build on the sidewalk and now be 100% complete u we were very excited to
build this home and thank you for your time all right I'm going to take it to the audience is there anyone in the audience want to speak for or against this item that's really good news all right I'm going to close it for public comment i'll bring it back to the
board we got any questions for the applicant i do Mr chairman yes sir john the um the parcel to the east of you it's on the um on the appraisal district website it shows no owner
i'm not familiar with that just the lot that we have well the lot that you have doesn't have access to the road the lot we put in the center that's what we're putting to together that we're going to have a lot access and they complete the sidewalk on the side again what I see staff you bail me out
here um it looks like from the appraisal district there were two there's two parcels the parcel number they've been combined under one warranty deed now oh it has because that's not showing up on the appraisal map yeah that you I Okay
that's why I'm asking the question so they now own the entire parcel correct fine okay I'm good thank you any other questions for the applicant motion to approve second
who did the second got a motion by Logan a second by Anna Anna and that's item H5 all those in favor say I i i any opposed item H5 pass unanimously thank you i don't need
Go away you got H6 it's coming it's coming you're doing really good stay put we don't want to excite your wife over here need us can we just make a motion on H6 he's
turning red look at I'll make a motion to approve H6 if Unless you need to read it into the record she's going to need to read it in correct you did earlier i read it in but I I'll read it in again if you'd like no no we're good okay so I'll make a motion
to approve H6 i'll second it item H6 got a motion by John a second by Erica all those in favor say I i any opposed now you can get excited thanks so much for Good luck with the county
commissioners okay Mr henry we going to take a vote on see if we can get paid or not i've said enough today i'll go with the 250 you said earlier i've said enough okay meeting adjourned
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