Wow. Wow. Hey, hey, hey. Hey, hey, hey. Wow. Heat. Hey, Heat. 3:00. Could we all stand for the pledge of allegiance? Jared.
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. Okay, this is the planning zoning board
and local planning agency which is an advisory board which makes the recommendations to the county commission who will have the final decision on every item in here today. Item H4 is an LPA item. Uh items
on today's agenda will be heard by the commission and you want to mark this down August the 7th at 5:00 pm and it'll be back in here. When the motion ends in any kind of a split vote, a roll call vote may be taken to ensure the accuracy.
As a reminder, each member who makes a motion or second needs to turn their microphone on or so that you can voice so your voice will appear for the board and the record. speakers for the public comment today.
Uh hoping there isn't any. That's a little humor. We'll get three uh three minutes. Uh with that, uh the approval of P and Z minutes from June the 16th, 2025.
I need a motion. Motion to approve. A second it uh Eric here. Yeah. All All in favor signify by saying I. I. I. Anybody in opposition? Same sign. That
pass unan. Okay. Uh we need the first item. First item is Forbes Remodeling and Construction LLC being represented by Chester Forbes. request a zoning
classification change from AU to RU-1-13 under application 25Z 00009 located in district 5. This application was tabled at the June 16th, 2025
meeting for consideration on July 14th, 2025. Okay. Is the applicant here? Please come up, sir. State your name and address for the record.
Chester Forbes, address 6125 25 Mon Drive, Melbourne, Florida. Okay. Tell us what you got. Um, I got a parcel down in in Melbourne 32904 that I wanted to change from I think it
is agricultural rated right now to residential. Okay. What What's you're going to build a house or? Yeah, I'm going to put a 32 on there. Okay. Uhhuh. Is there anybody on the board have any
questions before I go out to the audience? Uh, you have already built one house and then you want to build another house on the the Okay. Um, what happened the the the parcel lot I bought? It's It's
like two lots with a road going right through it. So, one side already had a house. I wanted to build on the other side of it. Right. Okay. Got it. Okay. Okay. Thank you. Sit tight. Is there anybody in the audience like speak for against this?
Stay up here. We We'll come back. It's not that easy. It's going to be easy, but not that. Okay. I see none. Bring it back to the board. I have no problem with it. Motion to approve. Motion by Erica.
Second. Second by Debbie. Debbie. Deb. I don't I usually don't chairman, but today I'm having this excitement. So all in favor signify by saying I. I. Any in opposition? That passed
unanimously. Move forward. You got the date? Yes. Okay, sir. Thank you. So I come back um August. You you won't see us again. Okay. I But I still come back August. Yes, sir. All right. I can leave. I can leave.
Oh, yeah. You can leave. There's a lot of people want to leave with you, too. Okay. Next one. Next one is Riverflyin Condominiums Incorporated being represented by Kim Rzena. Request a change of zoning
classification from IU and PUD with BDPS to all PUD and retention of BDPS under application 24 PUD 001 located in district 2.
Yes, ma'am. Good afternoon, Chairman Minibu, members of the planning and zoning board. My name is Kim Rosena with Lacy Razena 60135 senda place in Melbourne, Florida. Here on behalf of Riverflying Condominium, I handed out to you earlier the uh PDP to add to the
existing PUD. I have a copy here, but I don't know how to use this machine. I don't know how to turn it on, unless that's it. Oh, there we go. Okay. So, um, this was, uh, left out of the agenda packet, although it was submitted timely with the packet. Uh, Bruce Moyer here is
here as well. He is the engineer of record. Essentially, this is a PUD from 2006 to build condominiums. It's by the Merid Island Airport and adjacent to the uh, Indian River Lagoon. This is taking a 15 acre mostly wet and l parcel that's
zoned high intensity u industrial and moving it to the PUD to add a recreational facility to the river flying condos. It's seeking um 18 slips, 17 power boat, one uh um sailboat and it's just only for the residential use.
It's just an amenity. It's use of a property that really has no use. It will have a walkway from the condominium, a wooden walkway elevated to the marina in order to um support some fire safety issues. They're going to have to extend that road that goes that's from to the
south there, that Wall Street. I I don't know all the ins and outs of that. That's an engineering feat that I'm not aware of. But this is just a preliminary development plan. The site plan will take care of all of those details. So this is just approving the PUD with the
preliminary development plan for engineering to go forward for the final development plan. The um condominiums are built. They received the CO in September of 2025 and um they are being sold and used and uh that's where we are
with that. So it's uh simply an addition to of 15 acres to the 13acre PUB. And I'm happy to answer any questions I can. And if you've read the staff report, they didn't see any problems with this. They thought it was a good use for an amenity. It's actually getting rid of a
high industrial use uh which really couldn't be used anyway. Um and making the PUB better for all the residents. Anybody on the board like to ask Mrs. Rosena any questions? I have a question. When you extend the
road, are you extended extending it into that wetland area? That's again I just know that's what they're doing. I'm not sure of the details. Yeah. Good evening. Bruce Moy with MBB Engineering at the Engineer of Record uh
in Melbourne, Florida. So, one of the requirements um when we did the review through staff was to provide a basically a fire road because right now that road comes out and just dead ends into a kayak launching facility. There's no way for a fire truck to come
in and turn around. So, what we're going to do is put a a a code compliant turnaround uh in the not in the wetlands, in the uplands, and and get uh an easement on the property to the south, which I believe is owned, I forget who it's owned by, but and then
extend the the uh the dock so that the marina will have fire protection, but the the the wetland there's no wetland impacts in regards to the road construction, and there's very minimum wetland uh disturbance for the pathway.
way from the condos to the marina. So, you're going to you said an easement to the prop on the property to the south. Is this across the canal? So, the canal ends there,
right? Yeah. I think there was a note about the I can't read that. If you read in one of the notes, there was some discussion about what we'd have to do to make sure that that turnaround um can be I didn't see that note can be constructed. Yeah. So,
but it's we'll have to we'll have to actually do a uh extend the the uh environmental assessment to that area to see and the survey as well to see what we have there and then work from that. But it's Wall Street you'll be extending beyond that turnaround.
Yes. up parallel to your docks and to the north of them, right? Just limited to Yeah. where it stops now. Construct the culde-sac and then have a dock extend from the culde-sac to the dock to the marina for fire access.
I see. Yeah. Thank you. Any board member? I have a question. All right. Speaking of easements, I I understand. So it says under environmental constraints it said that there was um site impacted under
previous development orders. Is that the conservation easement? This property is under a conservation easement. As far as I know, there's no conservation easement over it now um because there's never been any development on it. Um there might be some under the the existing P B P B P B
P B P B P B P B P B P B P B PDP and PUD. Um but that's that was done already a while ago. pulled this. Yeah, I pulled this from St. John's and uh so and it's but it's way back from April 2009. And so I just was wondering, you know,
is it and it's we were looking it up. It's in the shape of property. Yeah. Northern piece. It's the northern piece on the northern piece. Yeah. Because I don't think that he had any ownership of this parcel at that at that time. So he's acquired this and then we're
building the marina. So the conservation is on the northwest piece as far as I know. Okay. All right. So, so the conservation easement is not being used, will not be used or will not be touched.
Whatever part. Yeah. See, so the a lot of this is already constructed within that conservation easement which was permitted prior by the previous PUD. So all we're doing is extending it. Okay. Yeah, a lot of that stuff's already there. It's been approved. So,
yeah, we're just extending it on the east parcel. Okay, any other questions before we go out to the board? Anybody out in the audience like to speak for against this item? I've got a quick question if you don't mind. Did you say there was a kayak launch at the end? Is that going to stay
or getting rid of it? We're Yes, we're not going to eliminate that. There's You're not pulling boats in and out of the water. Is there a boat ramp at the end of the culdeac? I don't think it's it's not a it's it's a K. It's not like a full boat launch ramp. I believe it's just a motor. It said motorboat and sailboat. So that's why I was asking.
Well, we're going to the the marina is going to have motorboat slips and a sailboat slip, but they're not going to be using that area from there. Thank you. Okay. And we're good here. Yes, sir.
Yeah. Oh, yeah. And if you're both going to speak, both give me an address. Or if you live together, that's fine, too. Your husband and wife, we're Mr. Lonnie and Dela Griffith. We live at 785 Cone Road, Colon Island, Florida. 32952. My husband moved there
1983. Okay. I moved there 198. Yeah, that's it. Okay. The girls don't like it if we if you can't. Sorry. Can you repeat your name and address for the record since you didn't speak into the mic? Lulani and Dela Griffith. We live at 785
Cone Road, Be Mir Island, at the very east end of the island. My husband bought the property in 83. I married him in '92. We've been living there ever since. Um, since we missed the last few meetings like this, they've built around
us and we are having major issues every time there's a horrible rain or a hurricane. So, we've been flooding and we just wanted to make that known and present because now today with with uh construction elevation requirements, it was a lot when our house was built in '
64. It wasn't the elevation requirements as it used to be. So, now our 1964 house is lower than anything built around us and the water goes somewhere. So, I have pictures here I would like to show you of the last four hurricanes. We didn't
even file for the last one last year because we filed four times. And um just wanted to let you know at one time my husband ran a business there up until Hurricane Irene and every single time we have flooding that goes through there. So, and we're trying our best to
mitigate that. We don't want to leave. We love our house. We've been there for for a long time. We have a lot of memories. But if I can give you this, this shows you like uh I don't know how we're going to do that because Everybody if I don't know
everybody needs to see it, you know. Okay. So, well, there are pictures and it just shows you I don't we don't want to stop development, but if there's a way that they can mitigate water from entering our house and flooding us. It's the canal. Excuse me. It's the
canal uh on the north side of Kong Road. That little canal uh it overflows now. Once they filled in the flood zone there between us and the mall, uh, it's been a problem. It's mostly in hurricanes and the backside of it comes in. But that's
really when it manes, really bad. We have catch fish in our driveway, in our car. I've got a lot of pictures. Can we put that on overhead? Yes. Some of the pictures. Okay. Each one's from a different hurricane, but the last one that we had,
let's see if it comes up. Okay, that's the doorway to one of the first off the driveway on the north side. That's was almost two foot of water there from Irma. And we only got three minutes. You have
to hurry. That was the recording studio that uh I uh that we ran I ran for 20 years before it started flooding and stuff. Um, this is Cone Road and the whole east end floods out. That's Cone Road after the hurricane for a day or two
until the water recedes. That's right. Uh, yeah, that whole north uh east end floods and it uh and it's all from the canal and the elevation of the land around us. If if some some way could be mitigated
to stop it burns or pumps or whatever, there's already a system there that I'm not sure what all is capable of, but there's a water treatment system there. It's just to to take that stop that from happening. I've been there like 43 years and I I'd like to stay there a little longer, but um it's really tough to deal
with the flood. That's the front of our pardon. The county did a lot of work on the piping on Cone Road. That was the last. Have you seen anything any occurrences after that? Of when? The pipes.
Pipes. They they made a mod major modification through there. Okay. So, that was October of last year right there. Okay. That's our driveway. That's my mailbox. We've had a a loss of good flood insurance because we've had
several claims and because of these. And this one was an earlier one, but now this was the last one. That was this that was melt this October uh which got a photo of water. We no longer run a business there anymore. So because of the you know it's
a lot of equipment to do that but I mean that's my truck and that was October. I wanted that to be known. U considered uh I didn't want to stop anybody's projects or you know
we just don't want to flood no more and it's a lot of development that Well, I'm going to answer real quick. But what these people are doing is going to be all on pilings. So hopefully What's that? On they're going to be on pilings and
peers. So yeah, to go out. So there's not going to be any more elevation elevation of the land. They're not going to bring in. That was one of my main concerns because I mean we're pretty much over the already. So Okay. You know, I don't think if anything I hope they
can improve. I mean, they'll help you. Okay. Yeah. Was been a good guy. I mean, I'm not I'm not after anything like that. I just we just want to protect ourselves to some degree. I mean, it's been there so long. The flooding problems have never been that bad until they started developing.
It never overflowed like that. And well, we appreciate the information. Thank you so much. Thank you all, Mrs. Griffith. Is there anybody else in the audience like to speak for? All right. I bring back Kim.
Okay. What's the pleasure of the board? Don't everybody jump at once? I'll make a motion to approve. I'll make a motion to approve. Okay. I have a question. Okay. Okay. So, my question is that um since they're noticing increased flooding due
to the construction after the construction is over with and we have just the marinas in place like can we expect that to go down? I just would like to I'd feel better if I heard that we can expect that to be dissipated. Respond to that question.
Yeah. Yeah. So, we haven't finished the engineering yet, but the intent is not to put any fill on the property. So, I don't I can't promise we're going to make it better, but we're not going to make it any worse. Anything that's going to be constructed will be built as a boardwalk, elevated boardwalk, so the water will pass through. It won't block
the water. Um, but we're not proposing to bring any fill to make the make it worse. But she said since you've been doing the construction, is that just due to like the land coming? There's a lot of construction that's gone on Cone Road. uh in the last few
years. So I don't know how much but um the all this all the condos already in built prude occupied um this is you know has really you don't think it's due to this construction? Yeah and I mean road basically runs from
river to river and if it's coming up from the river that's hard to it's hard to fix. Comes to the river goes to the creek. Yeah. And the irony is is everything to the north is the storm water system put in by the county. So why that hasn't accommodated this is confusing to me.
All that up there was put in by the county at the Veterans Park. So that should have been helping them. There might be a blockage somewhere along the way. I'm not an engineer, but that was supposed to stop the flooding. That was supposed to take everybody's water for miles as Yeah. Mr. Minib knows. Yes. So
perfect. Thank you. Okay. Is there a second? Second. All in favor signify by saying I. I. I. Anybody in opposition. That pass unanimously. Okay.
Next item is NDW Consultants LLC are requesting a change of zoning classification from AU to RR-1 under application 25Z00008 located in district 1.
Okay. Is the applicant here? How's it going? I'm Scott, partners with NDW Consultants. I want to thank you all for being here today. Um, name and address, Joseph Minnik, 1968 Turbentine Road.
Okay. We agree with the the staff report for the most part on the zoning request. There's a few things that we did want to clear up. We do align with all the future land use with our property and
all the properties around us. The future land use is res one. Um this parcel was not a part of the MEMS 2007 small area study. One of the things we don't agree with was u the road access was paving the
road access. We're not trying to do a subdivision. The property we have was pre-platted in 1925 and it falls under a nonconforming lots of record which is section 62 11188.
Um and but we did have we had a meeting and all that with the county and so in good faith we agreed to reszone to make everything match the future land use and that's pretty much it.
Any of staff has any questions for this gentleman? Mr. Chairman, please. I have a question for staff. Um, on page 101 on the septic overlay, can you explain what the what that
means? I don't have the document in front of me, but you're you're asking what does it mean if they are in within the septic overlay? Well, you've got two shaded areas on the document, and I just need an explanation as to
what that's showing and what that how that affects the site. Where's the site? Are they allowed to put septic in there or not? or it would they would need the advanced nitrogen removing septic systems if they are proposing it within those shaded
areas. Okay. What about the area between them? I don't believe that they would be required. So there's no restrictions on septic because there's no sewer there. I understand it's all septic in that area. That's my understanding. It it only um pertains to the shaded areas.
Okay. Anything else? No, that's it. Thank you. Okay, I'm going to go to the audience. I'm uh going to assume a lot of the people here today are going to speak for against this.
Uh this is a pretty talented group we've got up here. Um so you don't have to repeat yourself about X, Y, and Z. If you can minimize If it's a traffic issue, you don't have
to tell this board 10 times as it's traffic issue. They pick up real quick. Uh we always try to encourage one or two that would come up here and fulfill uh your requirements, but anybody that wants to speak, you're
going to be entitled. We're just going to try to get out of here before 9:00 tonight. That's all. And uh so each speaker will be given three minutes. You can sit down. You're going to be here a while.
Um so we're going to give each speaker three minutes. I'll try to stay on top of that. And uh with that, uh if you got some you got four or five that says we know the system, we're going to you know
try to ask as many questions as possible. Um, Henry, sir, Ruth was trying to get your attention. She has a question for staff. I have no I have a question for the or staff or the applicant, whoever can answer the question. Um, it says as of June 26, 2025, there
was an open code violation on the property digging and hauling dirt off the property without a permit. Has that been cleared up? Yes. Well, just got the survey back showing the areas on the pond and stuff to make sure it hit all the setbacks, but it's should be cleared. there's no
longer um an open code violation on the property. I don't believe so. If we're talking about 25 CE 00248 that was closed on um July the 2nd. Thank you very much. I I've got one question.
Yes, sir. Because are we are you only wanting you've only got 17 lots. Is that Do I understand that? From what I've read, it's 17 acres, and we'd be willing to do less than 17 total lots,
but right this second, you got 17 lots on whatever. Is that correct? that the zoning to require to R1, that's what it would allow us to do, but we don't plan on doing 17 because I don't I don't know if you've told
these people. I'm sure these people are going to ask how many we're going to you planned on doing. So, that may help a little bit. Okay. Okay. Put a map up there. No, you got one, Mike? No, no, no. Let's We're not going to get into debate here. We're not, this ain't
the place we're going to do that. So, just go ahead and sit down and whoever would like to speak first, just uh come forward. You got three minutes. Please come forward. Okay, guess I'll get started. And I'm I'll have you on a timer.
I know you will hear me. I've been in front of you before. Good to see you again. My name is David Laney. I live at 3800 Sam's Lane in North Bard in Scotsmore and I'm here obviously addressing this issue. First of all, I do take issue with uh his uh assertion of nonconformity on the platting of the
property. We'll be addressing that later at length with the county, but to get into my three minutes you've already started. Okay. Regarding his reference to the uh future land use map, local government has a discretion to deny a request to reszone land to allow the maximum use of densities or intensities potentially authorized by the
comprehensive plan. uh that's established by a range of allowance that comes to the section 16331776A of the Florida state statutes. Additionally, Florida courts have explained that this means that plan set a maximum limit of ceiling for development. Future land use map designations are not a right. One of the
reasons I'm addressing this right now is because in your last meeting, someone asked the question of a staff member, I think, and they said that yes, future land use designations are right. They are not. In fact, in Bavar County versus Snyder, Florida 1963, the Florida Supreme Court ruled that a landowner has no property right to be granted a
resoning to the maximum use, density or intensity potentially allowed by a comprehensive plan that the property right is simple to some use even the least intensive loose excuse me least intensive lucrative allowed by the planning at the intensity allowed at the time of core at the time of the
purchase. There is no right associated property right associated with future land use map designations. Additionally, the comprehensive plan establishes long range maximum limit on the possible density of land use. The plan does not simultaneously establish an immediate minimum limit limit on the possible
intensity. Present use of the land by uh zoning ordinance continue to be more limited than the future land use contemplated by the comprehensive plan. Additionally, there's no constitutional under the Harris Act in case this comes up regarding the property right to increase planning. Under the Florida state law, the purchase of land is
generally subject to the existing zoning or environmental restrictions. There is no property right like to change them. That is in Freeman versus uh Hollywood, Florida 3rd District. Uh yeah, District Circuit Court and Evan versus Miami, Florida 3rd District Court. The Harris
Act did not create a property right to increase planary zoning allowances even when an increase to be within the maximum uses and density is allowed by the government unless there's a reasonable or unfair right to do so. Additionally, regarding this, and it is classified as a subdivision by definition, go into your uh county
ordinances, it is a subdivision. The property is being subdivided. Associated with that city of Jacksonville versus Cfield, Florida First District Court rejected a Harris Acts claim because the owner's intended subdivision development was never an actual present or vested use of activity on the property at the
time of purpose. Okay. Now, we're going to shift subjects here and we're going to go to water, potable water. Uh some of you, Mr. Manuba, remember six and a half years ago when we went through this, we had a a study that was done by Florida University. That study is being redone. I'm going to reference you to
the VAR's statutes. St. John's River Central East Coast does foresee water quality issues impacting traditional water regionwide primarily to saltwater intrusion especially along the Indian River Lagoon likely due to lateral intrusion as well as vertical intrusion. I'll let you know that the professor
Arnaldo Beles Levenson is conducting an additional updated study and you're going to find that the threat is even greater than it was six years ago. Thank you for your attention. Any questions? What was that statute that you you were speaking at a very rapid pace for me to
collect? I know I've been cut off before. Which statute? I I'll provide a copy of this. The uh the one regarding the water, the last that is in the uh Bvard County ordinances. That's uh and this comes
directly from chapter six, the potable water associated with long-range comprehensive plan Bard County ordinances. That is chapter six. specifically in there goes on to say that BVAR County is concerned not just for residential wells in the un incorporated but also Bvoulevard County
well fields uh and that is both vertical and lateral saltwater intrusion which is what's currently occurring and we'll have additional experts to tested that before the county commission. Thank you. Thank you. Any other questions gentlemen?
Thank you. Nope. Okay. Thank you. Next, please come up. If if we get in the sequence to start moving up to the front here, that'll expedite it a little bit longer, a little quicker. Good afternoon. My name's Roger Sanders.
I live at 6201 Mangrove Street, Scotsmore. If I can, I'll go from my notes. In 1978, I purchased two and a half acres off of Roy Roberts, Senior to
build a home there. I occupied that home May 1st, 1979, and have lived there continuously and paid taxes there continuously since that date. When I constructed my home, it was located in the BJR Acres Plat. I as well
as others who have followed me building there have been required to have two and a half acres in order to construct a home. My opposition to this is based on the fact that the zoning for BJR acres has been the standard since up best I
can term the 1920s. I see no reason to change that just so a developer can profit. that's not serving the best interest of the current residents nor the taxpayers and voters. Of course, the biggest concern I have
instead of having the potential of two and a half, they could put what? Seven in there. Instead of seven septic tanks and seven private wells, you would have 17. And I don't have to tell you about the leeching and the concern that's
going on. We are very very close to the north end of the Indian River Lagoon and the federal's authorities are involved and everyone else and I won't bore you with that but there is the potential of doing further
harm. I also beside living there let me just close with this. Beside living at that address since 79, my parents moved to the community in
1956. Then when I did my military service, I came back. I went to work. I bought the land there with always the thought that I have this land and the people around me. Scotsmore, if you're not familiar
with it, I know Jared is, it's kind of a twofold. Everything south of Sunset, smaller lots. Everything north is acreage. Everything back toward the uh
river is multi-acreage. We see no reason to change that. And I will tell you, having lived there since 1956, I've seen no other one issue that's fired up that little old community more than this. Not
that saying that is an intimidation. I just want you to know how the community feels. Thank you. Thank you. Okay. Who's next? Laura Lee. State your name for the record.
Laura Lee Thompson. Please state your name for the record. Laurely Thompson, 3550 Irwin Avenue, Mims, Florida. After enduring eight years of lifeless conditions last summer, fishermen were overjoyed to see seaggrass explode along
the western shore of the northern Indian River. Drought conditions led to high salinity and low water levels. Perfect conditions for seaggrass seeds buried in the sediments to blossom. The seaggrass looks as good now as it did in 2009.
Nearly 20 years ago, to protect the Indian River, land use and zoning transitions were established through the MIM's small area study. Small lots were allowed along US1 with increasingly larger lots introduced moving eastward towards the river. If this reszoning
occurs, a precedent for future development in Northern Bard using smaller lots will be set. You won't be able to stop the train once you once you let it let the horse out of the barn and that will be really bad for the Indian River there because the residency time
for water up in the north end of the of the lagoon is um more than one and a half years. This reszoning will enable houses on 1 acre lots to be built in between areas that are zoned AU. That is not a graduated transition. The pattern
it sets will increase in permeable surfaces, resulting in more storm water going into the lagoon. It will escalate the number of septic tanks leeching sewage into groundwater that flows to the lagoon. Bvard County taxpayers have invested millions of dollars through the
county's save our Indian River Lagoon program to add bofiltration to ditches in northern Bvard to remove nitrogen and phosphorus before storm water enters the lagoon. But even if every trace of pollutants is removed from the storm water, fresh water itself is poison to a
healthy estuary. Too much fresh water is disastrous for seaggrasses and animals. It will kill clams and oysters. Excessive fresh water triggers egg hatching failure for important fish like sea trout and red fish. And it slows or may even stop seaggrass growth. Reducing
the amount of nutrients in ditches is wonderful, but it does nothing to address septic tank sewage. It does nothing to reduce deadly freshwater from entering the lagoon. Overdevelopment killed the Indian River in Central Boulevard County. Noravard citizens are
the stewards of a critical part of the Indian River that produces fish, shrimp, and crabs for the middle part of the lagoon where too much density has destroyed the river's functionality. Tremendous amounts of seaggrass have returned to this section of the Indian
River. It's a recharge area for the rest of the lagoon where seaggrass has shown no signs of recovery. Even though core samples have revealed that plenty of seaggrass seeds lie within sediments all up and down the lagoon, there's no good reason to approve this resoning request.
By denying it, you will instead set a precedent for protecting the improving conditions in the northern Indian River Lagoon. Thank you. Thank you. Does anybody have any questions for Lordley?
Thank you for coming. My name is Tommy Armitage. I live at 3200 Coral Avenue over way down on the on the east end of it. I'm a I'm a machine gunner and a a uh Just hold on here. It's in the control
me. Okay, you're good. I'm an ex-machine gunner. I'm a disabled veteran. Um, you know, was in demolition. I mean, it was it was crazy. Anyhow, my whole reason for moving out there, I bought that property, I don't know, give or take, 20 years ago. And
the whole reason of it was so that we could be in the country, get away from the city, and it's secluded, you know. Everybody out there, everybody out there has, you know, uh, gardens. You know, my neighbor says, "Come on over. Get your tomatoes, get your green beans, get
your, you know, whatever." We we we buy local beef. We buy everything local. And you guys are going to be the beginning of the change. If you agree to this, it's going to take off. It's just a matter of time before it goes somewhere else. And it goes somewhere else. It
just keeps going. It it it it's like termites. you know, you them termites get in over there, they spread and and if you guys agree to this, what you're going to do is you're just going to start a domino effect and it's going to keep going. There's so much other places
to build to come over here and our little neck of the woods and and it is it's our little neck of the woods and to to approve this that's going to be it's it's just going to be damaging. It's going to be like cancer. It's not going to stop. It's going to keep growing. the
the reason that we live where we live is because of, you know, the nature of how we live. You know, we can go down the street and we don't have to be addicted to a grocery store. We can go to our neighbors and get what we need. We can go around the corner and get what we need. We don't have to go over there and
say, "Hey, Mr. Grocery Store, you big old multi-million dollar company, sell us, you know, this tainted food from another country." No, we get it locally. We get it locally. I even have my own garden. And I ain't very good at it, but I'm growing it. You know, and I'm a
plumber. I'm a plumbing and gas contractor. I've been doing it 47 years. And you know what? I still like the secludedness to be able to come, you know, kick back and say, "Man, this is home. This is home." You know, I mean, I've only got five acres. There's a lot
of fellas out here that's got a lot more than what I have. I had a realtor come by and say, "Tom, you just finished building that house that you're building, and I could sell that thing for 1.2 million." I said, 'Well, I'm glad you could, but I don't want to leave it. I don't want to leave. Look at what we have. We have solitude. This is
where we are. This is this is a dream. It's taken me two and a half years to get to where I'm at right now. And I'm still as happy as could be, you know? I'm just as happy as could be and and just content. It's just me and my wife. And we got chickens and ducks and geese and emu and donkeys and you know, well,
if that that cancer comes in there, it's going to take it all away. It's going to take it all away. Look at all the people who want to come over there and do the same thing and live the dream that we're living. So it starts right here. You guys are the responsibility of, you
know, our future. You guys hold that key to our future and how it's going to progress, how we're going to go further from here. Thank you. Thank you. Good afternoon, members of the board. I'm Cherylyn M. Barnes and I reside at
3800 Sam Lane Scotsmore. Administrative policy 3 from the Bvard County Comprehensive Plan. Future land use element part C states the proposed use must be compatible and consistent with an emerging or existing pattern of surrounding development is determined
through an analysis of one historical land use patterns. two, actual development over the immediately preceding three years, and three, development approved within the past three years, but not yet constructed. The southern boundary of this proposed subdivision is Sunset Avenue. Sun south
of Sunset is the town of Old Scotsmore. Scotsmore was established as a municipality in 1926 at the height of the Florida land boom. A random sampling of the homes revealed the majority of them were built between the 60s and 80s on a variety of lot sizes and zonings. Historical land use patterns in this
area can only be described as haphazard, containing zoning ranging from R17 to AU2 and a half. In an effort to help you better understand the historical development patterns, I reviewed the properties north of Sunset, east of US1, and north to the county line. My goal
was to locate all properties within these boundaries which contain the proposed subdivision that had homes built on less than the two and a half acres as presently required by AU2 and a half zoning and determine the nature of development over the preceding three years as required by administrative
policy 3. I could only locate seven homes that were built on less than two and a half acres in this area which encompasses approximately 1,600 acres. Five of the seven properties are located across from the parcels of land described by this resoning request. Four
of those homes are zoned AU and are only slightly under 2 and a half acres. They were built prior to 1980. The remaining home is zoned RR1 and was built in 1958. The only other homes I could locate were on the extreme northwest of the county. Two properties, one of them was built in
1964, the other 1967. The rest of the 1600 acre area is comprised of houses built on the minimum of 2 and a half acres and zoned AU. So historical land use patterns for the past 45 years are parcels built on agriculturally zoned
land 2 and a half acres and larger. There are no subdivisions or approved subdivisions similar to this application in Scotsmore in the past three years that I am aware of. I am asking you to consider the impact this development would have on the residents of the area, most of whom moved to Scotsmore because
of its rural environment and quality of life. If approved, a subdivision would constitute a negative impact to that rural environment that cannot be reversed. Please deny this request for resoning. Thank you. Thank you. Good afternoon. and my name is Pat
Bramer. I live at 6105 Mangrove Street in Scottsmore. Thank you for giving me this opportunity to to speak with you. My husband and I live on Mangrove Street, which is directly across from the acreage bought
by NDW uh consultants. We moved to Scots more from Palm Bay in a little over four years ago. The reason we moved was the increased population density in Palm Bay. It was apparent to us that Palm
Bay's population was going to continue to explode. And with that explosion, there would be increases in traffic, crime, and general human conflict. We selected Scotsmore very purposely and
our specific home because the area was a quiet country area zoned for one acre one house per 2.5 acres. We were realistic enough to know that the orange groves across the street from
our home would probably have houses built there someday. We didn't think it would be this soon, but someday. But we were not concerned because of the minimum 2.5 lot size, acre lot size.
With that zoning, there would only be 12 homes, 12 built on on the total acreage across the street from us. Currently, there are six homes on Mangrove Street. The developer is requesting to change
the zoning on 17 acres to allow one house per acre. So instead of 12 houses in total, there will be 22 houses. The 17 houses that they are proposing and
the five homes and the the houses that are currently on Mangrove and the five houses that would be on 2 and a half acre lots, which is the rest of the acreage that they've bought. So instead of 12, we're talking 22 new homes.
If the developer applies to change the zoning on the remaining 12 and a half acres, which let's face it, it's a very real possibility, there could be as many as 30 houses on that land instead of 12. 30. A density
increase of that magnitude will change the character of the area from a sleepy country location to a suburban neighborhood. That's the exact thing we moved away from in Palm Bay. And we all know the problems that Palm Bay is currently having. With the character
change, there will be increased traffic, crime, and human conflict. I implore you to consider how this zoning variance will change the character of the Scotsmore area now and in the future. Please, please reject the zoning
variance. Thank you very much for your time. Thank you. Who's next? Do you want to turn the Uh, hi, my name is Sunny Applegate and I own Sunny Nights Kayak Tours. Uh, I guide small low impact ecoours out of
Scotsmore Landing. Uh several years ago, Laura Lee Thompson took my hand in hers after a tour and told me that I was one of the best interpreters that she had been on the water with. Uh I've carried that with me for years, not just because of the compliment, but because it meant
that someone that knows this place deeply believed in the way that I told its story. So, I want to try and tell you the story of this shoreline the way that I see it. One night on the water, I had a nine-year-old birthday boy who was on summer vacation, and all he wanted to do
was go kayaking. His mom was in a tandem with his sister, and I towed him behind me after he paddled left to go left too many times. Uh, when I turned around to check on him, he was just floating in his kayak with his arms crossed, staring at the sky, and you could see the Milky Way that night. I remember it, too,
because it was amazing. When he noticed that I was looking over my shoulder, he said quietly that he was going to remember this for the next 91 years. That's what this place offers. It's a memory, a moment of awe, and a feeling of stillness and connection that we can have inside for a lifetime. Scotsmore
has some of the healthiest seaggrass beds that I've seen in half a decade of tours across Bvard County with they were vibrant like they were in 2009. Uh, I've seen what I believe to be two young Goliath grouper near the launch site, and that's a rare sighting of a protected species that is legally
recognized. Uh, and this horseshoe crab, which might very well be record setting for the state of Florida. They usually only get to be about 16 in, and that one tops out at 22 in. So, it's a very important ecosystem that I didn't know was all but dead in 2016 until Laura Lee
sent me the photo. I always wondered why I was the only one guiding tours there because it was lifeless before I showed up. Uh but now it's back and we have the chance to protect it while it still recovers and not wait until it's gone again. Changing these zoning laws might look small on paper, but to the lagoon,
it's an open wound. More light, more runoff, more sewage. Please don't let this comeback turn into an obituary. If a nine-year-old kid can visit this place one time and plan to revere it for the rest of his life, then those of us that have the privilege to know it intimately owe it a lot more. Protect the zoning
and the place where people remember the stars for 91 years. Thank you. Thank you. She's huge. Next. thinking maybe it Hello, my name is Victor Kerschbomb. I
live at 3595 Huntington Avenue in Scotsmore. I am a licensed water well driller and a licensed water treatment plant operator. I stand here before you to talk about our water resources. On my uh plan here, those yellow dots are public supply wells. The northwest
of our corner or county there is the city of Titusville's wellfield that lies due west of our properties. They draw thousands of gallons a minute 24 hours a day. Our groundwater flows west to east. Look what's due east of that wellfield.
This de proposed development and my property. My well is 120 foot deep. When I moved in four years ago, my water was drinkable straight out of the ground. Now over time, my water is becoming salty. I'm closer to US1 and I have 30 foot of sea level. 30 foot of elevation
above the sea level. I should not be getting salt water that fast. So, I stand here before you just to tell you that if you allow these developments to come in, that puts in their eyes a minimum of 12 wells, a maximum of 30
plus wells in that area. Most of the well drillers in our area drill 2in wells. You cannot set a submersible pump in a 2-in well. 30 foot above sea level means the water tables will drop below 26 feet, which means your surface pumps
will not pump water anymore. So, all of us residents will have to drill new wells and spend thousands of dollars to treat the salt water that's coming up into the ground. I don't believe there's city water close to us. I know there's some in Valuchia County to the north,
but that doesn't come to us. Mims' water system is way south, 11, 12 miles. the millions of dollars it's going to take them to run us drinking water is going to be on us or the county to pay. And I
don't see the county running new water pipes that distance anytime soon. So that's my uh goal to stand here. Does anyone have questions? I have a question for you, Henry. Are are we allowed to ask a person like this
a question um that's related to what they spoke about later on? I don't know. Yeah. Okay. Yeah. Okay. Yeah. I have a question. Have you already had to drop new wells?
So, my property Yes. I have a lack of water. My well, when I started when I built my or when I moved into my house, my well produced 27 gallons a minute. It only produces 7 gallons a minute now. So, I had to install a shallow well, which is very, very, very poor water quality. Okay.
Very high in iron, very high in minerals. You cannot drink it out of the water. It needs very expensive water treatment to make it to where my kids can shower in it. So, thank you. Thank you very much. Okay. Good. We don't normally do it, but that was a
good Those were good questions. Yes, sir. Evening. My name is Jeff Ory. I reside at 3785 Coral Avenue, Mims, Florida. I actually own one of their homes, Dwayne. They make build a really good home, but I'm also just under five acres land just
right off US1. There's a lot of stuff here that got said, so I'm not going to repeat it that I agree with. But one of the things I'm concerned about is if we allow this precedent on the 17 acres, that doesn't seem like a lot to a lot of people right now, but right across the street, the rest of those ornament grows, there's
five parcels that total 212 acres and it's just going to continue. I just wanted to put that stat out there so you guys understand to go also support what he was talking about with the uh water
uh that I guess Farmington up the road is also in count uh having an impact on our water as well and the cemetery. So we're being challenged with the water up there. So I'd like you guys to reconsider this. Thank you.
Who's next? Good afternoon, board. I'd like to present a uh letter uh for uh Darren Mikum. I am Frederick Wilson. I live at 3451 Sunset Avenue in Scotsmore. Dear board members, please consider this
response to the variance requested by NDW consultants. I am writing to formally oppose the proposed zoning variance for the reference parcel which seeks to reszone from agricultural to RR1 residential. That property is
immediately adjacent to my property 3625 Coral Avenue. The main issue I have is the requested variance would permit the owner to divide the property into lots as small as 1 acre in size. As a resident whose property directly borders this parcel, I have significant concerns
about the potential impacts this variance on our community, particularly regarding water quality, environmental integrity, and the character of our neighborhood. The majority of homes in our area, including my own, are situated on lots of approximately 2 and 12 acres or
larger. This lot size has helped maintain a rural character and supports the functionality of individual septic systems and wells, which are critical in the absence of public water and sewer infrastructure. Approving a variance to allow one dwelling per acre would significantly
increase the density of development, placing additional strain on our already challenged groundwater resources. Our community has experienced ongoing issues with deteriorating water quality, a concern that has been raised by multiple residents.
The increased density proposed by this variance would exacerbate these problems as each new dwelling would require its own well and septic system. Higher density increases the risk of groundwater contamination, particularly given the lack of centralized utilities
to manage waste and water supply effectively. I have observed large-scale digging and excavation at the subject property over the last several months. I'm also troubled by reports of unpermitted
excavation activities on another large owned parcel in the same by the same developer down our street. I have heard many in this neighborhood complain that the extensive digging of ponds and hauling off has occurred with proper permits. Such activities raise serious
concerns about compliance with our environmental regulations and their potential contribution to the degradation of our water quality. These actions warrant thorough investigation before any zoning changes are considered and they may already be impacting the
local ecosystem. The proposed reszoning to allow 1acre lots does not align with the established character of our neighborhood where larger lot sizes have preserved open space and supported sustainable land use. Approving this variance could set precedent for further
fragmentation of agricultural land, undermining the rural quality that defines our community. I respect agricultural zoning or at a minimum require lot sizes of at least 2 and a half acres to ensure consistency with the surrounding areas and to
mitigate environmental impacts. I request the board thoroughly review the developer's compliance with existing regulations, particularly regarding to unpermitted excavation and consider the long-term implications of increased residential density on our water resources and community character. Thank
you for your consideration of my position and for your commitment to service the interests of our community. I am happy to provide additional information or participate in any future public hearings related to this. Sincerely, Darren Mikum, Florida bar number 772461.
Thank you. You somebody Anybody else? How you doing? My name is Jeff Thorne. I live at 3755 Sunset Avenue, two house one house away from US One. My drainage
from my water that from the road goes through my yard into the ditch. Putting all these houses down on one area is going to block. It's already clogged up now. Today I was over there. There's no water going down to the river. Putting more houses down there, it's going to do
the same. My other neighbors that live right next to uh Orange Grows have water in their yard. So putting more houses for them is going to hurt their area too. So that I agree with everybody else what they were saying about u the water
and the river uh the Indian lagoon how we paid those taxes to to get all that straightened out. Um that's that's a wonderful start and I think if you do this you're just going to be hurting all that that you've already started. I used
to grow oysters for the river uh two for two years and once they put them in I know they got oyster beds out there and that was supposed to help to clean the the lagoon but once we put them in along the shore they they just got wrecked by the hurricanes and people weren't going
in there picking oysters up. But I really would like to see something happen because I've lived here twice and I I finally moved out with my family and me and my son used to go fishing and shrimping uh on the old bridge up in
Titusville and you I I would need anything out of the river anymore to tell you the truth. Uh but I I would like to see it come back for my grandkids and the water was pristine down here. I went to high school in Clay High up in um trying to remember the name of Green
Cove Springs and Jacksonville. The water was perfect. It was beautiful. But um I would like to see that come back. It's my my son lives down in Fort Lucy and u you go down there and the water's unbelievable. But I know that's got ocean coming into it and everything like
that. But he makes me jealous. But I would like to see this all I agree with everybody of what they said here about uh fixing the lagoon and it should be it it is a beautiful place. Thank you. Thank you.
Okay. Is there anybody else? want to turn it on. I've got a map here and I can pass it out. Name and address. My name is Dwayne White, president of NDW Consultants. Um,
I understand everybody's concern and everybody, especially the ones that live on larger lots and all of that. And I do understand the one gentleman said that future use does not override um just because it's there. The current these properties were all pre-platted
and I have laws right here that show that they are and I can give you the laws. Everybody can read them. that. That's why they're allowing seven houses down the street on one acre lot right now. They also just built three down the street on a halfacre lot, the same exact
size as my little tiny lots. And there's seven of them ever 1.05 acres. Not trying to do that. Even the assistant county manager himself, Tad Cochen, said if 40 50 people bought these lots, they could all build on quarter acre lots.
We're not trying to do that. We would be as happy with as low as 12 lots. We have a lot of people if I known this people were going to show up. I would have brought my customers here that can't afford a 550 $600,000 house, but they can afford a $400,000 house. So, we're
trying to do 12. We'd be happy with 12. We'd like to do maybe 14 or 15, but we'd be happy with 12. But the law I'm going to read the law so people here can kind of understand it. Um, you're on timer, so I know I'm I'll make it quick. Yeah. Single family use may be
established on such lots provided they're 50 ft wide 75 not less than 5,000 square ft. That's an agriculture lot. A lot parcel of land track of land AU agriculture use is less than 2 and 1/2 acres may also be determined to be
non-conforming lot if the parcel to track land was recorded in survey prior to March 6, 1975. These were platted back in 25 for grove workers, citrus, the cattle, for people could afford small rowousing. That's what they were designed for. We have
since vacated the roads and we obviously can't get 100 and something houses in there and wouldn't want to. Um, but a lot of people can't afford, you know, and the whole front is 2 and a half acres. We left them all that 7 acre lot, 600, $700,000 houses. But this is the
back side. And the lady, the man that was talking about in front of her house, those are all two and a half acres lot. They're already in permitting. They're already in permitting and everything. And also a pond is not against the rule Bvoulevard County. There's no permit required to dig a 3/4acre pond in Bvard County. There's rules you're not allowed
to take the dirt off. They got to be certain slopes. There's definitely rules, but there's no permit required in Bvoulevard County to dig a pond. So, um, anyways, that's one of I can if anybody like to have this rule saying right here that the lots are legal. I'm just getting them reszoned because I want to
get along with the county. We've got attorneys here, so they're they'll handle that. They won't they won't answer. They won't answer my email. Yeah. I have a question, Mr. White. So, are you saying that no dirt left that property? I I I told him no. This is a personal I
took some tops off of that dirt. There's all the dirt's been left on that original parcel. So, how many trucks left that property with dirt? I don't know. I mean, I don't know what that because I live in the neighborhood. We saw hundreds. That's not That's a lie. That's not a lie. Yes, it is.
I'll tell you one thing that is um Sorry. Am I Am I allowed with these follow You can talk to me. I'm grown, man. You know what's right. And yeah, just leave it at that. You can speak all you need. That's fine. Um I'll wait till the end
to say what I really do when I'm up here. Okay. I can defend myself. Okay. Um, so the uh fact that you don't have to have a permit to dig the pond, is the pond uh
agriculturally exempt the the the property that you dug the pond on the two How many ponds, I'm sorry, are on the two parcels you bought? One. One. One pond on the two parcels. Yes, sir. Okay. the the the neighbor who bought
the guy that bought a lot for me is digging a pond on his to build his house to get dirt which is 100% legal with an a exemption. No, not absolutely not. He has a building permit. He has a building permit. Dig a pond with building.
Okay. Um when did that building permit when was it issued? Couple weeks ago. Okay. So is that why he dug the pond in February? No, that that's that pond's the one he's in trouble. That's one of it building permit for it and was it sold to somebody
and he got a building permit before he started right the one pond that we dug prior code violation that is and they thought it was too big. All right. So, let me um let me just ask you this and you tell me if I'm correct
or incorrect. You put in an unpermitted illegal driveway. You dug a pond next to it. You use that driveway to haul a number of truckloads of dirt off of the property. And then once the code enforcement officer showed up, you
stopped using that driveway, used a different entrance from a different pond that was dug on a separate parcel of land. There's not there's not another pond here. You're there's one pond. Okay. There's only one pond. You can go up there. You're welcome. I'll give you permission to ride on my property.
I got a drone. No need to. You are you telling me there's two ponds on my property? There were. I would say no. There never was. Okay. I'm just Let me We can all That's fine. I asked for you to correct me if I'm wrong. You did. It's easy to make mistakes. I ain't holding nothing against you.
Let's Let's Let's let us I know this is personal to you and I understand. I respect everybody and uh and you're through as well. Thank you, sir. Thank you. Okay. Is there anybody else like to speak for against this? Yes, sir.
Good afternoon. My name is William Goff, live at 3320 Huntington Avenue, Scotsmore. There's a myriad of reasons to deny this.
Chiefly among them environmental impact. Scotsmore. When they put those wells in about 10 years ago, the water table below our house was 120 ft down. That's where the salt line hit. The last time Titusville came up and tested the well, I walked over and I
asked the guy at what point did his meter spike as he was dropping the line down the test wall number five right at the corner of Huntington and Dixie. The continuity spiked at 90 ft. Used to be 120.
Every place, every well that goes in, every water user that takes water stops some of that flow from reaching the the Indian River Lagoon and allows saltwater intrusion. Some of us are going to have wells failing.
So my the bottom of my wells is 60 ft. I doubt that I'll live long enough to to suffer with the saltwater, but somebody who buys my house may well do. So there's a there's a myriad of reasons to deny this one, but the environmental
issues are chief among them. So please think about it carefully. Thank you. Okay. Is there anybody else? How you doing? My name is Brad Flood. I live at uh 6225 Mangrove Street uh
directly east of the property that these guys uh have already been digging on. Um the there's a adding to what they've added uh with the the water quality and all that. There's a ditch directly to the north of the property and and one directly to the south that is a straight
shot to the lagoon. All any potential runoff would affect that like almost instantly. Um I moved here from Kentucky in uh 20089. Went to school down here. Uh lived in the great city of Vieiraa which uh
rapidly increased uh in his population. So we decided to move to Scotsmore on a 2 and a half acre properties uh just to get away from the density and got my nine-year-old son, you know, to uh get away from a lot a lot of the
people and stuff like that. Um, and it's just, you know, people that are already kind of pushing the limits of what they're allowed to do or not caring what they're allowed to do. If you greenlight them to do one acre per property per house, they're going to
push that all the way to the limit whether you know they say they're going to or not. Um, and it it's a a very rural place. You know, we ride our horses and kids play on the dirt roads and stuff like that. So, uh, I just
would like to keep it that way. Thank you. Okay. Thank you. Next. Good afternoon. My name is Frank Bllelock. I live at 3660 Todd Lane. I'm not particularly
affected by this other than water usage and density, but uh I have been affected by a building build their buildings to the west of me where I live. Uh when they pulled the permits to build the two
buildings on six acres, uh they had had uh surveys of 2 and a half plus acres. Uh about a week ago, I happened to look in county records and that's been
reszoned to RR. So, they sold the property with 1 acre each, but the permit request was on 2 and 1/2 acres plus. Uh I've had many issues with them in the building situation with those two houses
that they built. uh they moved uh gopher turtles and were allowed to move them to the back part of the property which was not cleared. Four acres on the back of was not cleared.
Um they're in the process of clearing that right now and they haven't mitigated those turtles either. They're still there. No, excuse me. They're not there. I haven't seen a I haven't seen a gopher turtle on my property in months since they moved those turtles.
They are in the process of digging a hole in the ground. I won't call it a pond because it's not large enough to be considered a pond yet, but they are digging what they call what they claim is going to be a pond on the back four acres. That property originally was six
acres and it fronted on Todd Lane and it uh went back to Wheeler Road which is not an improved road and L-shaped to US1. As it stands now, there are two houses on Todd Lane on one acre each. The four
acres to the back fronts on US1. And again, it was reszoned to uh RR without any neighbor being notified of it, which is in my opinion illegal.
I can't give you the specifics on the date that it was reviewed by you or county commission, but I just happened to look in county records the other day and found that it had sold as 1acre parcels. Thank you very much for listening. Thank you.
Is there anybody else? Yes, sir. My name is Donald Rymer. I live at 6105 Mangrove Street. And uh the only thing I really have to say is there's been multiple truckloads of dirt hauled from the property. Um they were hauled out by
a company called Ramage and Thorn Land Development. I have photos and videos to the effect. So, there are more than just a couple dirt loads of uh truckloads of dirt hauled from that property as the
previous gentleman said. Thank you. Okay. Is there anybody else? Hi, my name is Kelly Neee and my significant other. We live on the property adjacent at 3760 sunset. Give us an address.
3760 Sunset Mims. So the property line that we have is right next to the tree line of this orange grove. So we have personally seen a lot of digging going on a lot with everybody else like going out with a lot of the blows of dirt which also is very frustrating because
we moved out there for the farm life, the peace, the quiet. It's nice seeing the kids going up and down the streets. Your neighbors know everybody. And by inviting this company to come in and develop this property, put more houses, like one of the other people have said
in the community, there's other acreages around large so they can come in and just like a bees on a bunny hive. Oh, we're going to add more. We can add more. We don't want that there. We want the peace. We want the quiet. We enjoy our neighbors. And on one neighbor, Mr.
Jeff Gordon who lives across the street. We've seen the issues he is having with his new septic system being put in. So body everybody that has to put all these new septic systems in. Who's to say the properties that are over there are going
to have to have issues? We currently have water that comes in off of coral that goes in to feeds our pond. We also have lots of water standing in our yard. So if this gentleman builds and has to
elevate, where's that water going to go to? So we have all these road ditches that go down during the hurricanes, rainstorms, they get full. All that goes down the road down to Dixie, which then for goes out to the lagoon. So, we're
all getting more environmentally, let's say, idealic nowadays because we want to save our environment. By adding these companies to come in and add more homes, this puts more of our neighborhoods. Um, I want to say it's going to be effective with our water
table, our sewage, etc. along with the environment. So, please oppose this. Thank you. Okay. Is there anybody else? Can I say something else again?
No. Nope. Nope. You get one shot at me. Everybody's done a good job. I don't know if you've left anything out. Right, sir. Okay. My name is Kevin Percy. I live at 3495 Sunset in Scotsmore.
My wife and I lived in New Simra Beach for about 30 years until we were flooded four times. After Hurricane Ian, my wife said to me with three feet of water in the first floor of our home,
"Kevin, we're moving." I said, "Okay, honey. We'll move." Less than a month later, a little more, Hurricane Nicole put 10 inches of water
in our home. We were trapped on the third floor of that home for three days. We moved to Scotsmore looking for a place where we would not flood.
I'm sorry. With further development, I I fear that our home will flood again and that our neighborhood will be like what's happened in Valuchia County, in Edgewater,
in Venetian Bay, where all the development, the zero lot lines, the oneacre lots ruined the neighborhoods. I am opposed to this strongly
and I am for keeping Scots more rural. Thank you. Thank you. Is there anybody else? Anybody else? Okay, we're going to close for the
public comment. You can come up and uh I'm sure there'll be some questions. Mr. Chairman, before Mr. Minn speaks, we don't have an authorization to act for you for this application.
Okay. So, you'll need to state on record that you have authorization to speak on behalf of the owner. Can I speak? So, you've you've heard some of the comments. Yes, exactly. Totally understand that there's big giant ditches and the
drainage is incredible in this property and it does hit the major ditches. Um, I don't believe they'll be a, you know, concern. And plus the building department nowadays is very strict and strenuous about you know containing your own water. It's very sandy. There's no water that ever stands on the property.
So most of it will hit the aquifer. Plus all the septic tanks are going to be the newer ropic not nitrogen ones which are the you know the good ones you know anyways. And um also I'm not trying to say this in an arrogant way but twothirds of every house in Scotsmore probably within a mile of this property
is sitting on a half acre or less. So they act like I'm doing this committing sin over and then the property in the front all those are seven. We kept them all two and a half acres. So it's only we'd be happy like I said with 12 on 17 acres. That's an average of 1.4 acres
per you know lot. It's not like we're doing this giant subdivision and I feel in my heart which I can show rules. I'd be glad to give you all the rule where it shows every one of those lots are buildable and they're grandfathered in because they were platted before May of 1975. And I'll be Jared. I'd love to show it to you afterwards. You want to
speak to me? I've seen it. Okay. Thank you, though. Okay. But um and it's it's a rule just that's why they're letting seven houses on an acre be built within a half a mile of this property. And he went through the county and they said it's okay. Seven houses on one acre. I mean, these same size little lots that I have a hund
and something lots. Not willing to do that. Don't want to do that. So that's not the And that property also I'll comment on that property on Todd Lane that that property has been sold to the person that lives in the house. That's his actual neighbor on a contract for deed. So, it's not even um and that's
not even that's not even the same. That's my partner that I worked with for years that's retired. So, he has nothing to do with this. Plus, all the code violations are not on this lot that I'm getting reszoned. That's the lots in the front. They're building permits are already in. They're all being taken care
of. this 17 acres is this parcel and this little small halfacre parcel have nothing to do with none of that stuff with the dirt, the pond, nothing like that. So, I mean, I've been very forthcoming to the people at Natural Resources. I've told them everything. I've talked to them. They've, you know,
there's no no lying to them. They know what's going on. You know, it's their job to find me and, you know, do whatever is appropriate, you know, and we're working. The pond he thought was bigger because there was dirt spread out. several hundred loads of dirt were left on that one parcel. You don't even you have to leave it on the parcel. You
can't even take it to the different parcels even if you own it right beside each other. But at that time it was one big parcel. But anyways, um I just, you know, I'm trying to say it's not like I've got three people. I didn't know there's people I like I would have had them come and say, you know, he's I he's selling me a new house for 400 something
grand. I can afford this. You know, they can't they make a hundred grand a year, $120,000 a year. They can't afford 600 grand. Husband wife teams, you know, they can't afford that, you know. Um, so I mean, and and obviously, you know, it makes it better for us. I don't want to sound like it's all for me, you know,
because, you know, we can build more lots, more houses may make more money. So, I'm not saying that it don't benefit us. Obviously, it does, but we're not trying to do this big subdivision. It's nothing like that. I mean, we're talking 12 houses on 17 acres, an average of 1.4. And remember, twothirds of every house in Scotsmore is sitting on a half
acre. Most of them are on quarter acres. So, I mean, it ain't like and there absolutely will not create no flooding problem. I can promise there's ditches on all four sides and one even in the middle of half the property that that the county made me do a drainage to record a drainage ditch that comes to
the um that drains the property and there there's coverts that go under the road even. I mean, this is not this property don't retain no water whatsoever, you know. Well, I mean um so I mean as far as concern of water I mean and the one gentleman was talking about as well had been replaced over and over.
I mean there ain't been 10 15 houses built in Scotsmore probably in the last 5 years. I mean new ones I know of probably maybe 15 at the most. I mean that's like the most undeveloped part of the whole entire county. So I mean people I mean I mean you built more houses than that in Scotsmore.
I haven't I mean in Scotsmore I didn't say mims I built a lot more mim. talking Scottsmore. I consider that Scotsmore mens I consider but the town from Huntington air that area Scotsmore I don't I there have been 15 houses built last seven eight years. I I have a couple more questions and
I'll be nice. Um we're going to get the questions from the board here for Okay. for you. Go ahead. So you said there's ditches. You said you're going to put in a ditch to drain the runoff. And you also said the property is going to retain its own water. So which is it?
I didn't say so. There's ditches all the way around. Because the drainage is going through the main property that goes under the road. Yes. Coral the the individual lots like the acre lots. They'll probably make us put a burm. I don't whatever the building department requires. We do it. They do it all the time. Make us put like a 1 to three foot slope burn around the whole
entire property. Sometimes they don't require it. Sometimes they do, but there's ditches all the way around three sides of the property. Also, a drainage ditch right through the center and it swells down five or six foot. It don't even hold water to the ground so high. You know, now some people may say, "This is flooding." They may they may already
have a low lot. I mean, the water's going to hit ditches before it hits anybody's property. There's there's not there's not a piece of property that joins me that the water don't hit a ditch or a swell. Right. That I understand. And and he's correct there. We do have uh in
Scotsmore a massive uh network of drainage ditches that do go right into the lagoon. Um and when it backs up, I'm at the end of one of those ditches. I'm the recipient of all the water that the neighborhood runs off.
So, currently my yard is underwater. Currently, there's probably 300 ft of road flooded on the way to my house. Um, it has gotten worse with more recent developments. Um, obviously, you know, nobody wants water standing on their property, so they build the houses up
high, they build the yards up high, bring in lots of dirt from whatever source, and um, they run all that water into those ditches. So, I think Laura Lee brought up a point about running all that fresh water into the lagoon. There is a filter at the end of sunset that is
supposed to take out nitrates and whatnot. Um, but when the water flow exceeds what the filter can handle, it runs right over the top. Whatever silt and grass clippings and whatnot are in there. Um, staff comments had a wetlands
delineation must be completed prior to clearing or any land modification. That was as of June 26th. So, has that been done? That that's um I've had I have had a girl come done. Yes, I've already had that done. Okay. Was that was that done prior to
any clearing or land modification? You don't have to have no kind of permit to clear citrus. Already got permission from natural resources. Okay. What about land modification? You can do ponds with no permit whatsoever even before the wetlands delineation. Um I don't want to comment on that. It
didn't have no wetland. Okay. Um, so I wouldn't pertain. All right. Couple more. I'm almost done here. Uh, also one issue is with all of the runoff from the higher elevation lots,
you don't have surficial aquafer recharge for wells. And I think that's a big problem. I know I have a massive water system in my shed that costs tens of thousands of dollars. I know many people in this room have the same thing. Um they're concerned about additional
draw on that surficial aquifer without additional recharge because any runoff instead of perking down into the surficial aquifer is just going to run out into the river and we're going to continue pulling salt. That's why I wanted to reserve the opportunity to ask ask the the the well driller a couple
more questions just to make sure that I'm not completely off base there. Um, and personally with the uh, you know, with the tax the extra tax money that we're putting toward the lagoon and trying to clean that up, I think it's
counterproductive to uh, well, this this creates a lot of tax revenue. The growth was $300 or $400 a year, right? But it kind of it kind of also violates the spirit of the sales tax half cent which is uh specifically to go to the lagoon. I don't know how much of
the property taxes go toward that project but I know that the the halfsent sales tax does. So we'd be kind of uh moving backwards if we increase density in an area that's in such close proximity uh to that. Um and again these are all nitrogen
reduction system. The gentleman across the street just spoke he's putting the new system in. I bet he didn't volunteer to put a nitrogen system in. Guaranteed. I've seen it. Any um reduction is more than zero, which is what's there now. It's huge. So, it's going to add no matter what we do. It's just what
Oh, absolutely. Don't disagree. To what level will we add? And the the seven and three uh houses building uh being built on those other lots, I believe those lots were already separated out. Um and that's why they were grandfathered in. I don't think
that it's an apples to apples comparison on these lots. These are all platted out too. These Yeah, but this is agg. They didn't they didn't need to reszone. They didn't need to do anything special or jump. I wrote I read you the rule. 1975 a only has to be 60 um 5,000 square feet. I show you the rule. Anybody wants to
read? I got a whole copy. Any egg probably pre-platted before 1975. It's it actually says see size, limit, and area in this section. And it's one it's one two sentences up and it tells you what it has to be. I don't want to do that. Y'all let y'all letting other people do it. There's seven going on an
acre, three going on a half. That never came through here. Yeah. They didn't have to. The forar county level. Well, this one has to. So, no, it didn't have to. No, it didn't have to. I've volunteered this to get along with everybody and appease everybody, appease the community. I don't want people talking crap about me. I didn't have to. My attorney said, "I
don't have no worries with this." He said, "When you get done, you turn this down, we'll put as many as you want in there. I can promise you cuz he read he read the laws. And I'd love to show any of you guys. I don't want to be that guy. It's These lots are platted. No different. They just let a guy build seven on one acre. He's building two
now, but he's got he's already got approval for five more, a total of seven on 1.05 acres. Another builder just got done with three on a half acre right down the street from me with the same exact size lots because they were pre-platted prior to 1975. Chairman, can can staff maybe interject
and provide a little clarification on the legality of what he's saying? Are they allowed to just go and because I feel like we're just going in circles. Well, I can show you the laws if y'all I've heard you. I just would like the county attorney's opinion on it. That's all. Some of it's correct, some of it's not. I'm just staying out of it.
That's what we got a house full of attorneys. So he's talking about code section 62-1188 which is non-conforming lot of records which does state that single family or duplex uses buildings and uses may be
established on such lots provided that a lot has a width of not less than 50 ft and a depth of not less than 75 in an area not less than 5,000 square ft. So since his um this area was platted prior
to um I think he said back in the 20s um they would have qualified for non-conforming lot of records. However, that property has now been all combined. So So that's what I was referring to with
the other lots is the way that they were already split up. They didn't have to go through this process when they built those other homes. Right. Right. But but I'm sorry. Go ahead. So the what was stated a minute ago um by the owner here was that he doesn't
have to do this that he can go ahead and do this without coming before us. Is there truth to that? If he was to put the lots back in how they were platted, that is true. He would qualify for non-conforming lot of record.
However, he has I'm not following because I'm looking at the plat online and it shows like they're So, did was the property replatted and it was single ownership and combined into one? It was not replatted. It's still under the same plat. He's just combined it all under one deed for for tax purpose.
So, it's still platted. It's just deed ownership. Correct. Okay. So, is it the opinion of the county attorney that if he wanted to come in and pull building permits on every single one of these platted lots, he'd have the ability to do that right now today? that that's something I'd have to look
into further. I don't want to do that, guys. I understand that. I just think it's important to know whether you actually have the legal right to come in and do that today or you I got I'd love to pass one of you a law out so y'all can read and determine for
yourself or get your own opinion. Understood. But the county attorney's opinion that their office is the one that dictates. So, at least on our behalf. Look. No disrespect at all. Now when when I had a meeting with him,
they didn't agree on it. They did not agree on it. Him and Taz Cau, which is assistant manager. What Tad said, I said, "So 30 40 people would have bought lots of they could all build." He said, "Yeah, but you can't." I said, "Wait a minute. Because I got money I can't, but someone can build individuals so that we
all made an agreement to get it reszoned." Is what agreement? the gentleman right there was sitting in the table and so we all made a mutual agreement. I didn't go get an attorney. I could go get an attorney. I can fight it and and I think I'm going to win. I don't want to Let's see if I think we can get a little clarification from from senior staff.
You all have done great. Let me just see if I can condense this piece in. I hope I'm answering question. In theory, he's got 17 lots today that have forget
everything we've heard. He has been through the different elements 2007 he wasn't included de as I understand all the way back to the history which is
1920s or whatever it is forgetting us totally and I'm trying to keep this simple how many houses can he put in there on agriculture and that what I'm going to
say he has the ability to sell the lot and that individual can come here and ask for they'll just like any egg and come here and ask for R1 am I
am I on the right road here Billy if I understand what your question is yes okay keeping it simple he can technically without us to seven to two do he can sell them off
individually and they could put 17 houses not on all of them some of them are not 50 foot wide some of them are are platted at 49 but in in theory I'm on the right road I
mean I'm trying to we're dealing now with some other logistical issues in there that yeah I don't want to mix up different concepts. I mean, he's, you know, when we're talking about non-conforming lots, he's got to have a single non-conforming lot. Get one out of that. That That's right.
So, he can't have a 25 foot wide lot that goes back 200 ft. No, I understand. I got 90 of them. I got 90 conforming nonform. Mr. Chairman, as of today, this is not a
non-conforming lot of record. It's not. You want to read? Can you read the role to me? Just roll the law. I got it right here. It's pretty simple. Let me if you if you can stay up there with us because
there's going to be some better questions or you might be able to realign us here. I don't think we're out of line, but we're we've had a lot of information on this parcel. Some of it's true and some of it's
false. Okay. That's all I want to say. Mr. Chairman, yes. May I say something? You sure? I have a question. Um, you own the lot to the east, do you not? Yes, sir. What are you doing with that one? I'm building houses on it. Already got
permits turned in. Okay. But it's zoned AU, right? Yes, sir. You have any plans to change it to R1? No, sir. I've already got five permits turned in. Four or five? At least four. So, how many houses you putting on? Seven on two and a half acres. Two and a
half acres each. Two and a half acres plus. Okay. Because it's 14 acres. It's 14.16 acres, right? You just said to the east. To the east. Yes. Um, no. It's 72.5 17 acres. No, I'm looking
I'm looking at the You're This is the one we're talking about today. And there's this one here. There's seven 2.5 acre lots. There's a 30 foot ement there that I have I follow not follow the county but they agree. You need to get on the microphone.
I went with I talked to the county and there was a drainage ement back that I'm that I thought that I owned. They said I didn't own it which he'll test to that and then they all agreed that I owned it and give me a permission to build on all seven of those 2 and a half acre lots. I've got surveys, title insurance, everything. Okay. So, you're putting seven homes on
that eastern parcel, right? All 2.5 plus. Okay. Smallest one is at least 2.5, sir. All right. Then why are you not doing that on this one? Well, that's what I was That's what I that's that's what I explained to you
earlier because the cost of the land was so expensive that now day I'd have I can't sell houses that are affordable to people that everybody here's had a right to buy a house. I got young I didn't bring them that three people now that want a home that this is in their price range. You know, they can they can afford an acre. they can afford a new home, 1,800 ft², not a large home. And
on the 2 and a half acres, I got quite a bit more money in them. I got 60% more money per acre in those than like an acre, an acre and a half lot. Okay. That's why. Did you buy both lots at the same time? Yes, sir. Okay. So, you did the math. It cost you
a million something for the for the lots and figured out how much you could uh your lot or your payment per lot would be, correct? Per per. per unit. Yes, sir. Okay. I'm meant per unit. Yes, sir. Um, so with you said seven on the other on
the eastern portion. Yes, sir. Plus, you're asking for how many on the western one? I would be okay with 12 as little as 12. So, you'll put 19 homes on 34 acres. Okay. And all on septic?
Yes, sir. All nitrogen septics. Okay. What about at the north and the southern end where the septic overlay says you can't Well, that that's not going to be forever. You know what I'm saying? That's I mean, you can't build a house.
What does that mean? Not going to be forever. Well, as of now, you can't build a house in Bvard County from Sebat some from 192 in Melbourne to New Summer Airport. You can't build one house on one single lot until they get the vanities fed back up. I live on the river or don't I should say not live. I'm fixing to move on the
river. I got a house and the grass I've never seen the grass so pretty. I fish a lot. I've never seen the grass back so nice as I see it now. You know um so I mean there's always going to be you know you know at the end of the day if you take people's property you make it deval
you know this is if you take their lot you can't take that's why they make a law a certain year you can't say today all you know agricultural lots has to be 10 acres. You can say as of today any new platted ones have to be because you don't take value from people's land. This land was pre-platted in the 20s and
that's that's what it's valued as. You can't go in there and say well they have to be 15 acre lots or 10 acre lots or whatever they were they were valued and that's that's why it says in 1975 as long as they were pre-platted and they're individual lots. It's a law. It's a simple law. You can read it. It's
very very self-explanatory. Now, some of the zoning department don't agree with me and I've tried to get clarification, but I can't get nothing in email just in talk. We I can't get nothing wrote down in email. Um, but I'm I'm convinced that when I get done with this that I'll be
able to put way more than that because you're letting people now do it. They're let seven on one acre down the road. So, I know I'm going to get the same right. You can't do three more on another one. I mean, they they were zoned differently, though. The ones he's talking about had a different zoning.
Zoning don't have nothing to do with. That's what that law says prior to 197. But that's why they didn't have to go through this exercise. Says AU AU has to be 6,000 square or five whatever it is there. 5,000 square ft 50 ft long. As long as it was platted for 1975 probably make your value go up. A lot of
nice new houses. Hold a minute. I got a drink. It ain't subdivision. 17 house. 1.4 acres. It's 1.4 4 acres average per house. If you average the ones on two rules anyway, you have
Please stop. Let's hold down. Let's hold down. We're not let Billy um you're not practicing law on this side, but
has legal been involved in this at all? Yes. Okay. Uh what is their surmise of all we're hearing today?
There's been a lot of hypotheticals thrown around that I'm not sure if each one has been evaluated if this then that and each and that's how would it have you know when you're really talking about these technical issues you know we have to look at what what the application is and see what would work. I mean the current one before you is
obviously RR1. So, I I will say this has been um extensively looked at by county attorney's office as well as planning and development staff. Here, here's my concern as chairman today.
This thing's fairly complicated and I'm not sure. There's a lot of questions in my mind and I hope a lot of these board members until we get them answered it. This sounds crazy but I almost want
to table this thing till this Okay. I'm okay. Till all those issues are addressed. Amen. I actually want that. Is that a motion, Mr. Chairman? Uh the chairman can't make one. So, I
mean that's just the suggestion I made because Go ahead. You can. Well, you don't want me to make a motion. Okay. Some are good and some are not. He's wrong in a lot of areas that I don't want to get. I would love for it to be emotional because I want the county attorney's office to answer me in an email to tell me that my lot legal that I can't get
practice a lot of law without a license. So, watch a lot of TV. Mr. Chairman, Mr. Chairman, uh, I have one more question of the gentleman. Um, were these orange groves, by the way? Yes, sir. And have you cleared all the trees off the land?
Some of them. Some of them. You know, the price of orange juice has really gone through the roof because you guys are cutting down orange. It'll be funny in two months. Yeah. Um, Mr. Chairman, I'll make a motion to table. Okay. I got a motion by John. I was talking.
Got we got a second here. There's already um whatever. Okay. All in favor of tableabling this signify by saying you have you have some discussion. I have discussion if you I had questions for staff. I was waiting
for all of this to finish so I could address staff. I think now would be the time to do it before we vote on this during this discussion point. So um I wanted some clarification from natural resources on um the Indian River Lagoon BMAP area.
Is this included within not the septic overlay, but is this included within the SE Indian River North Indian River Lagoon BMAP area? The actual map itself. It's in the lower. We got that one. We don't have the BMAP map in front of
us. I know it roughly goes to US1, but that's a rough that's rough. Um, so I was curious because I know that there's a federal mandate um a moratorum in within the Indian River, North Indian River BMAP area. So you can't even put
in septics, not even nitrogen, the special septics is my understanding. And I'm not expecting from what I'm hearing for that to end anytime soon. Is that correct? I I will just I I know that um FD u uh
environmental uh Florida Department of Health is actively looking at that and looking at procedures and how that impacts um permitting uh here. I don't know if they've gone through every detail of of how that's going to impact yet. Um but it it does appear to impact
the area. Yes, you're correct. You are correct, ma'am. Okay. And um I don't know if county staff is familiar with it, but I know that um the city of Titusville has water near
there. The company is called TIFFA, and I believe they're in the process of an investigation with St. John's River Water Management to collect well data from the residents in Scotsmore over the lack of portable water in the area.
I am not aware of that. No, it's currently undergoing though, just FYI. The city water comes from Mims Titusfield. Dare on wells out there. I know. Good. I'm sorry. Go ahead. I got
um No. Um, I I was just going to say between between the septic and the I mean in 2009 when another similar property was up for reszoning, the board of county
commissioners voted unanimously to deny it based on the fact that the character of Scotsmore is not one acre lots. And looking back through that, between the lack of portable water, saltwater intrusion and septic issues in the area,
I would tend to concur with that. That's all I had to say. Well, we we've got a motion in second. Can I comment prior to the vote? Um, I think for me the most important part right here is this just so many things unanswered. I mean, I would tend to
agree with exactly what Ruth just said here and um um would happily move forward with that, but without some of these legal questions answered um you know, if this is was brought to us for a reason, but I'm not unstanding
if it could be overridden anyways, then why did it get brought to us in the first place? So, I think that those questions need to be answered before it comes back to us again the next time. um just to be out of out of concern of you know what would be the point of it going to Bard County Commission if that's
going to happen regardless. So I think those questions as a board we need those answered before we can make a decision um w with the proper amount of knowledge. So I think if the board were to continue it if board were to vote were to do it we'll put together an addendum to try to answer those questions and have it to
you before you hear it again. Appreciate that. Thank you. Okay. So, we got a motion and second the table. Can you get this done in a month? Yes, sir. Okay.
Great. All in favor of the motion signify by saying I. I. I. I. Those in opposition. I one. Okay. Thank you. Thank you ladies and gentlemen.
Last question. So for the audience, what we have done is table this for a month to try to understand what's legal and what's not legal. But I think it's in the best of everybody's interest that we go in this direction.
We've heard a lot of commotion tonight and hopefully we can draw to a conclusion in the next 30 days. And thank thank you all for coming. We got you out of here before 9:00. Okay.
Thank you everybody. Yes. All right. Next item. Mr. Minibu, can we have a fivem minute break? Oh, I'm sorry. Can we have five minutes? You want five minutes? I'd really love a bathroom break.
You and I have something in common. Uh, we're going to take a five minute break while everybody's leaving. Heat. Heat. Heat. Heat. Heat. Heat. N. Heat. Hey. Hey. Hey. Wow.
Hey. My heart baby in my Heat. Heat. N. Hey, hey, Wow. Bruce, are you up? We're we're we're trying to get you out
of here, ma'am. Next time just try to get number one or two. We I I didn't want to do it first. Feeling in today.
I'm going to read this into the record. That's okay. My dinner's getting cold. TG Rentals of Boulevard LLC being represented by MBV Engineering Incorporated requests a smallcale comprehensive plan amendment 25S.10
to change the future land use designation from Res 15 to CC under application 25SS 00005 in district 1. I'm going to read in his resoning application near their
companions. TG Rentals of Boulevard LLC being represented by Bruce Moya is requesting a change of zoning classification from RVP to BU2 under application 25Z 00016
located in district 1. We'll need separate recommendations on these um requests. Thank you. All right, sir. Yeah. Good evening. Um Bruce Moya, MBV Engineering, representing the applicant, uh Mr. Goodson, on this property. Uh
it's um vacant piece of property. Not a whole lot really to it that they want to they want to do a uh storage facility, storage and RV. So very low intensity. Um they were considering annexing into
Brocklage, but they've been hoping they go ahead get this done in the county and uh we think it's low impact for the area. Uh I think it's pretty appropriate place for it. So uh in order to do that, we have to uh get a land use change and we have to get a resoning.
Good. Anybody have a question for Bruce before I go to the audience? Is there anybody in the audience like to speak for against this? Seeing none, I bring it back. What's the pleasure of the board? I have a question.
Okay. I didn't hear your dialogue. I was That's okay. I knew you'd have a question anyway, so I didn't go into too much. Thank you. Um, why storage in this area?
That's a question for for Mr. goods and that my personal opinion knowing the area I think it's fantastic. Yeah, I think Yeah, I mean that's that's I mean that's boat storage. Yeah, I hate storage but it's also doing any other of it in the area. I think it'd be it'd be a good place
on the way there. You've got all you have is modular homes, RVs, a great location. Well, I look at it differently. If you make this commercial, okay, under SP 102, you could put quite
a number of affordable homes on that lot. Yeah. Like 300. Okay. Okay. And we have a housing crisis here and I'm on the affordable housing council and I would think it would be a better
use that you're you're the the applicant is asking to do outdoor storage plus uh mini storage. Correct. So you're going to have some mini storage on this. Correct. Okay. None of these developments I I'm against
mini storage in certain areas because it doesn't bring any revenue to this to the county. Okay, there's no employment. Okay, no jobs provided on this. It's just a cash register for the owner. And I I disagree with it. I I don't want
Bvard and I've mentioned this many times when you were on the board that why are we becoming the storage capital of America? And I compare this with with Houston, which has six million people, but they've only got 300 storage
facilities and we have way over that. It just it doesn't make sense to me to keep putting storage on the land when we should be putting housing on the land. Okay. And and that's why I object to this development. I I don't think it's
the right use. Um, you know, I would go along with the commercial the CC designation, but if you would to change if they were to change it to housing and not not for every not for storage. I'll bring that up to the to the owner,
but I think that he he's got his heart set on on storage and Yeah, because it's a cash register. No, I understand. It's still it's still if you develop the property, it's it's a low impact to the infrastructure with a uh increased tax revenue on the property
because you're taxing it on the value of the property now and you have very very little impact. So, it's to me it's a it's a it's a win. Anybody else got any questions for All right. So it says um in determining
whether an established residential neighborhood exists blah blah blah. So under number two it says the proposed use may be considered compatible within the surrounding area if the BU2 uses were limited to just the proposed RV
storage in mini storage facility. So that it would just be always that. So I don't know if it needs to have a BDP or not. So I just looked at it differently. Yeah, we we did talk about that with staff. Um we would be willing to do that
if that was a a request from the board. I mean just because it only fits in but also the uses that go with the BU1 as well. I think is what how they usually phrase it is you get all your uses that you're already entitled to but we can limit it to the
to the storage for the BU2 use. Absolutely. What's the pleasure of the board? I'd make a motion to accept with PDP for the you know with the following requirements. It's just used as it is.
Ruth Bruce seconds it. All in favor signify by saying I. I. Uh other than John who opposed. All these people with the affordable houses need a place to put all their stuff. No, they do.
No, no, no, no. You guys don't see that. We're working on We're working on affordable housing. We've got two projects in Melbourne right now. Yeah, I know. But that's Melbourne. This is start somewhere. Well, they embrace it. They're expand. Yeah. Melbourne embraces affordable housing. They give you a lot of
Are you going to expand in Scotsmore and that in that path? That's the one that's the Yeah. So, the land use. We got it H5 then. Yes. So, your vote was for the small scale. Now you need to vote on the resoning.
That's where if you would like conditions, please state those conditions of the BDP. Would be that it would be limited to you. Let me turn this on. The conditions are that it's limited to use RV storage in
mini storage facility with what he proposed initially. So I'm fine with that. Are you proposing to retain the BU1 uses as well or just the BU2 use of RV and boat storage? Well, I think you can have BU2, but he
has to have limited, you know, proposed as an RU storage and in mini storage facility. Okay. Yeah, Mr. Chairman, do you make a motion to that? Yes. Mr. Chairman, would you ask Ron to make an amendment to that?
Ron, wake up. Ron's fine. He's done a great job today. Ruth, do you want to second that again? Yes. I mean, I I I agree with what you're saying. We need a PDP that gives him the BU1 uses and the only
BU2 use is the one that he's requesting for the That's good. Perfect. The facility. Good. Thank you. And Ruth, do you second that? I didn't, but I can. That's what happens when meetings go past five o'clock around here.
Yeah, I know. You got a little groovy. All right. Uh, all in favor? I I John, you're in favor of this one? No. That's good. Thank you. And that consistent. Uh, is there anything left on the docket? Thank you.
Okay. Thank you, sir. We are done for the meetingjourn. 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,
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slanderous statements expressed by any member of the public during any such period. Heat. Hey, Heat.