##VIDEO ID:uPtZGJzw_c0## [Music] [Music] girl [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] oh [Music] [Music] [Music] [Music] oh e okay it's 3:00 if everyone would please stand and Logan would you lead us in the Pledge of Allegiance please sir of course 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 and Zoning Board looc planning agency it's an Advisory Board which makes recommendations to the County Commissioners who will make the final decision on all these items items H1 and H6 are LPA items items on today's agenda will be heard by the County Commission on February 6 2025 at 5:00 p.m. when a motion ends in any kind of a split vote a roll call vote may be taken to ensure accuracy as a reminder each member who makes a motion or a second needs to turn their microphone on so that your voice is on the record speakers for public comment on agenda items will be given five minutes at this time is there any board member who has had any expart communication regarding any application please disclose so now all right seeing that I'm going to ask for a motion for the approval of the pnz minutes from November 18th 2024 for approval of the November 18th 2024 meeting okay a motion by Deb a second by Logan all those in favor say I I any opposed that passed un iously well the first thing we need to do is we need to nominate and vote on a chair and a vice chair I'd like to make a nomination of the existing chairman second for okay for I was going to say for 2025 but you're quick okay we got a motion by Henry uh second by Logan all those in favor say I I any opposed that pass unanimously and I will return that to you I'll make a motion for Mr Henry menabo be the vice chair for 2025 got a motion by Mark wodsworth the second by Deb all those in favor say I I any opposed I guess we get I wanted to okay item H1 please good afternoon Mr chair um also before I read this into the uh record I'd also like to introduce myself formally um to you all my name is Trina Gilliam I'm going to be the acting interim Planning and Zoning manager so um look forward to working with you all all right congratulations [Applause] thank you okay so the first item um it has a companion with it so I'm going to read both items into the record however they will need a separate recommendation rhr construction and Development LLC requests a small scale comprehensive plan amendment 24.12 to change the future land use designation from PI to Res 4 under application number 24 ss002 tax count number 23249 in District 1 application for rhr construction Development LLC request a change of zoning classification from gu and ru- 1-11 to ru- 1-11 under application 24z 0042 tax account number 232 0049 located in District 1 okay all right is the applicant here if you could please come up sir and get as close as you could to that microphone state your name and address for the record absolutely Trey Robinson 640 Amore Drive Coco Florida and a little bit about what you're wanting to do here sure um I have some documents do you mind if I pass the M got some exhibits there is that not allowed has he entered those yet as an exhibits it's the comprehensive plan Amendment if not it's okay I can read through it we can take it in we can take it in but I don't I haven't seen it so I'm not sure if it has been entered previously you want to take that over to her let her look at that or and just to clarify Mr chair uh when you do give that document to us we're going to have to keep it so if it's useful for your presentation if you want to hold on to okay very good thank you thank you very much okay uh like I said my name is Trey Robinson um I represent rhr construction today um thank you for hearing me um ladies and gentlemen of the board um today I'll be discussing the lot at 3970 Curtis Boulevard currently exists as a one and a half I'm sorry 1.1 acre lot um it's very peculiar in the fact that it is a single lot yet it is divided by a track divider line and each of the separate tracks have a different future land use and a future zoning classification um tract one there is on the left side of the track divider line it is listed as on my notes it is a zoning classification of Ru 1111 and it is PL um future land use is planned industrial track two is on the right the east side of the lot and it has a future land use listed as plan industrial with a zoning classification of General use um the tracks are also divided by a 40t wide drainage ditch easement that runs down the middle and then along the backs side of track one um what we're planning to do is the future land use is to is being requested to change from plan industrial to Res 4 for both tracks and in addition to the flu change request I'm also requesting that the zoning be slightly altered the current zoning of tract one like I said is ru11 and we are I'm Desiring to keep that the same but I want to change the zoning of the other track to ru11 as well the requested Fu ch to Res 4 will match the surrounding neighborhood along Curtis Boulevard which has the same future land use as being requested and in addition to tract one tra 2 will be changed from gu to ru11 again matching tract one and the existing neighborhood and that's that ends my statement all right is anyone does the board have any questions for the applicant all right seeing that just hang loose with me one minute anyone in the audience want to speak for or against this item we're doing good right here we're doing good so I bring it back to the board Mr chairman uh I'm move that we recommend approval of the land use change item H1 and I'm going to second that okay on item H1 we've got a motion by Ron a second by Henry all those in favor say I I any opposed that passed unanimously now we need to go into H2 and then Mr chairman uh on item H2 I move that we recommend approval of the zoning change and I'll second that item H2 a motion by Ron a second by Henry all those in favor say I I any opposed and that passed unanimously thank you very much all right thank you sir have a good day nice job item H3 Wanda and Dennis Crocker being represented by Timothy vulpus request a change in zoning classification from Au to rr1 under application number 24z 000059 tax count number 24800 also located in District 1 okay is the applicant in here and Sir the same thing if you could get as close as you could to the mic and state your name and address for the record yes sir my name is Tim vulpus uh 4036 Sterling Street Mims Florida all right and a little bit about what you're wanting to do there um right now the the property I'm I'm actually on I'm here on Dennis and Wanda Crocker's behalf um I'm wanting to rezone it from Au here um to uh residential R R1 and that's about it there any reasoning behind that or um I'm want I'm wanting to build a house on it for me and my two sons I'm I'm actually I'm in the process of trying to purchase it to build a home on it but one dwelling excuse me one dwelling or how many dwellings you you just what just one home yes sir yes all right is there anyone in the audience want to speak for or against this item all right seeing that I bring it back to the board do we have any questions for the applicant Mr chairman I move that we recommend approval of the zoning change yeah all we had a motion by Ron and a second by Erica all those in favor say I I any opposed that passed unanimously okay thank you very much all right thank you item H4 L Nelly nalis requests a change in zoning classification from Au to rr1 under application number 24z 0060 tax account number 250 9830 located in District 2 is the applicant here and ma'am if you could get next to the microphone and state your name and address for the record hello um yes L Nelly nogares uh 1455 Martin Road rockl Florida I keep forgetting the ZIP code um yes thank you very much for hearing me in all right and a little bit about what you're wanting to okay so I want to change uh currently the Zoning for this particular property is au and it I requesting to change um R R1 um it's a 5 acre lot and uh the one acre of the lot we want to separate it from the rest of the lot so the rest would be a flag lot um and we need to change the zoning on that it there's already a property on it there's a house um and that that house is existing and it's going to stay um we have no other intention of putting any other structures on it or on the flag lot as well um so that's yeah all right is there anyone in the audience want to speak for or against this item okay seeing that I all right ma'am could you scoot over and just and you can come up please ma'am you you could take a quick seat right there in the front that's fine and your name and address also for the record good afternoon my name is Anastasia vasila U I live in 1870 Bridgeport Circle and that lot was uh behind our fans so we send a um letter via email with my with my significant other that we don't want to change this okay you should have it in in your mail all right is that it are you good that's that's the only one I want to deliver yes okay thank you all right thank you anyone else want to speak for or against this item you're good ma'am you can go ahead and sit down okay ma'am if you could come back up you hear some of the challenges you've got there do you know why I have no idea because that's in a that's in a gated community that doesn't they don't even go down my block so I don't understand what reasoning they have behind not wanting us to be able to um split the lot or change the zoning on it there's just saying that you don't like something doesn't mean that it should happen I mean I'm I'm quite shocked myself all right well I'm going to bring it back to the board and see if we've got any questions for the applicant any questions for the applicant yeah Mr chairman uh I don't see a problem with her request and I move that we recommend approval of the zoning change I'll second it I think she beat you over here we got a motion by Ron on item H4 a second by Deb all those in favor say I I any oppos you very pass unanimously well it's hard to get in when you're in the balcony seats you know get closer get closer get okay item H5 please Tiffany and Henry Lear request a change of zoning classification from rr1 to AGR under application 24z 00005 8 tax account number 3000 8694 located in District 3 okay is the applicant here sir if you could state your name and address for the record uh Henry laquer 7260 blue Shore Road Grant Florida 32949 and a little bit about what you're want to do sir uh shortterm to put a pole barn up and longterm to start a deer farm okay is there anyone in the audience want to speak for or against this item all right I bring it back to the board and do we have any questions for the applicant uh Mr chairman had a question it's a deer farm yes sir uh what kind of deer are you raising in uh white tail okay and are you raising them for pets for meat or hting or for genetics genetics yeah bigger horns okay I understand that okay not too many understand can you go into a little bit more detail don't you don't need to get elaborate but when you say genetics are you rem you know bigger antlers are you selling the sperm are you shipping it out stuff like that okay okay any other questions I need a motion Mr chairman I motion to approve second on item H5 we got a motion by Logan a second by Erica all those in favor say I I I any opposed that pass unanimously thank you all right good luck sir that it's white tail [Laughter] only we get to start 2025 with Miss rosinka item H6 and H7 I will read into the record together however they will need a separate recommendation Lindy Incorporated represented by Kimberly renka requests a smallscale com comprehensive plan Amendment under 24 ask 016 to change the future land use designation from PI in res 2 to all Heavy light industrial IND D under application number 24 SS 000016 tax account number 2110 3214 located in District 1 Lindy Incorporated represented by Kim renka request a change in zoning classification from IU to iu1 under application 24z 0062 tax account number 2110 3214 located in District 1 all right well Happy New Year Mr Rosena thank you same to you chairman uh members of the Planning and Zoning Board uh my name is Kim rosenka with Lacy Lanka in rockedge 1201 US Highway 1 in rockedge Florida I'm here on behalf of Lindy Inc which used to be known as prair uh you some of you may have been on the board back in 2018 before you on a similar project with me today is Lisa Murray she's with corporate real estate out of their headquarters in Connecticut she said it wasn't too cold up there so but she was glad to be here um Ben Vasquez he is the local facilities manager he'll be telling you a little bit about why this is needed the expansion that's needed in the plant itself and Shan Chase um is the local production superintendent who is also here as well to answer any questions um Lindy is an industrial gas company that supplies products to support contractors at KSC and NASA the property's future land use designation is currently um planned industry and residential and the applicant seeks to change L use to heavy industrial uh they also want the the zoning to be heavy industrial either it's about 10.46 Acres it will make the parcel unified into future land use and as to the zoning property is in rural Nims rural Mims north of Titusville City Limits along the Indian River West and adjacent to the FEC Railroad 4 mil north of maxbo Causeway 8 mil south of the county fucha Bard county line just to give you a perspective there is no adjacent developed housing there are some uh small houses in the area but there are industrial uses to the South and there's a county park um Jones Avenue boat ramp in Mims that's up there as well it's a a small Ed Park just to the north of this property again uh seeking a small scale Amendment from heavy industrial of two heavy industrial and Zoning to to iu1 this is about half of the site again trying to unify the parcel and the purpose is to expand its plant and to add another cold box because of all the launches going off at uh NASA and KSC and the Air Force Base excuse me face space Forest Bas uh this expansion is needed to to meet demand for what is going on out there so I'm going to let Ben Basquez he's the local production facilities managers explain pra a and what they intend to do with the expansion he has a little pack to show you just to give you a little more information and to show you where the plant ex vention may be cuz I know there's a concern about Wetlands hello how are you sir if you could also state your name and address for the record sure my name is Ben Vasquez I'm the uh facility manager for Lindy at 2801 uh hammock Road in Mims Florida 32754 uh just to tell you a little bit about about Lindy uh as as uh M renka mentioned formerly pra a uh originally um we were Union Carbide back in the 60s um so Lindy employe approximately 26,000 employees uh over over 50 countries uh we're the leading industrial gas producer in uh both uh North and South America um um lind's a good corporate Citizen and named of the Dow Jones sustainability World index for the 22nd consecutive year uh we are a very safety conscious and and a consistently top performer five times better than the US Industrial Average and three times better than the US uh chemical industry average Lindy's committed to applying American chemistry cons uh responsible care uh the security code to ensure that we continue to affect ly protect our employees our customers and our community um as I mentioned uh Lindy formerly Union Carbide uh built and commission the original air separation plan in Mims Florida in 1966 it was primarily uh uh built to support NASA and the space industry uh going all the way back to uh uh Mercury missions um uh um Apollo space shuttle and and everything everything since that since that year um for over 100 years Lenny's taken something as fundamental as air and turned it into ways to make industrial plants operate cleaner and more productively for food to taste better for breathing uh to be made easier uh man manufacturing proces more effective and the ability to drive Rockets into space our plant produces three nonhazardous uh products liquid oxygen liquid nitrogen and liquid argon um today as well as supporting NASA we support the uh the private rocket companies as well we Supply uh both uh SpaceX and blue origin um we we support uh customers in the steel business such as gal Steel in Balwin Florida uh we we distribute breathing oxygen to most most every hospital in Central and South Florida nor Northern Florida as well um and I can go on um our our current staff is myself is the facility manager our production superintendent Sean Chase is here with me today we have a distribution superintendent for technicians we've got 23 tanker drivers right now and two mechanics uh we follow and comply all relevant EPA regulations and all relevant floor Department of Environmental Protection regulations as well we have uh several uh licenses and uh certifications were were often audited audited by this environmental authorities as well um so the growing demand for oxygen the space industry is the main reason why we want to expand our plant now um we uh a concept Ren shows the plant expansion shows its new equipment much of the existing plant equipment buildings will be reused Lindy PL to invents approximately 100100 million in this next Plant Expansion Project uh the expansion will yield economic benefits increasing employment uh creating opportunities for local uh Community with more drivers technicians mechanics supervisors likely developing a new distribution uh facility essentially our our our uction facility is our footprint is uh overgrown and and and someday soon we'll have to relocate our our Trucking our our truck shop and our our Fleet all right let me yes sir has that plant to the best of my Recollections been there since the 60s yes sir that's what I thought yeah construction started early in ' 65 and the plant was finished and completed in and commissioned in 1966 six it's a very clean operation it's thank you I thought it' been there good while okay that must question Mr chair if I may note for the record um the documentation that M Rena um passed out to everyone staff has not had an opportunity to review that also so this request is only for the rezoning it is not for the use of heavy industry that requires a conditional use permit so the applicant will need to return with a conditional use permit application for that use all right thank you ma'am you aware of that Kim yes she stole my thunder I had it in my presentation so if you look at page three of what uh Ben showed you that's what the plant looks like today in 2018 we came before you and we had some rezonings outside of the property so we were able to build that tall structure in the back left corner which would be the northeast corner that's the cold box it's 126 ft tall and what they want to do is put a second cold box I don't know exactly what it does but we can ask Mr uh Mr Vasquez if we need to but there the intent is to expand it so they can increase production and so that was built in 2018 there has been Construction in 2018 in this area besides a manufactured home on page four you'll see uh a little it's really hard to see on page four but also on page five there's kind of what the new site plan would look like it hasn't been reviewed by staff it's conceptual the reason we're not here with the conditional use permit is because we need a full-blown site plan to show you based upon the requirements of the code um so if if also too you know ples are expensive if you don't get the Zoning for heavy industrial then then you know we wouldn't spend that money so the idea is to avoid most of the wetlands um there may be small impacts but I think the staff report said it was like five or six acres of wetlands that would be impacted and they're trying to keep it away from the the Wetland so that's just an idea of how it could be built it's not set in stone we'll have to come back to you for the conditional use permit also at that time any conditions can be put on the use of this property whether I know was issues raised about noise and and lighting and things like that those are all one performance standards that would be done at the site plan stage or after but it's also things that you can look at when you do the conditional use and that's where it's more appropriate than to put it in zoning or future land use um when you look at uh the maps in your packet I mean it's it's it's it's it's it's a quilt it's a patchwork quilt so it's it's kind of messy um the uh future land use map we're trying to make that all the light purple color although the dark purple color will still stay along the river also in 2018 the uh pra a uh now Lindy said that they would not develop that area on the west side on the east side of the railroad so that purple Pi on the east side of the railroad is intended to stay in its natural state and not to be developed and then again the same with um the the zoning uh to change the IU to the iu1 so it would be one con assistant zoning and future Lane use on the west side of the railroad uh the other performance standards that would be reviewed at the conditional use stage they're actually in a section 621 1544 those would be the loading facilities the storage light sources neon lights aren't allowed things along those lines and anything else that uh you and County Commission think would be important this is not a developed area it does have residential 2 to the west but there's also a lot of wetlands there as well that would never be developed for residential so with that this is something that's needed it's been there since 1966 it's nonous it's clean as was explained by Mr Vasquez and we're just seeking the change in the 10.46 acres to heavy industrial future land use and heavy industrial for zoning with that we can answer any more questions you might have you know I've got one more and he's probably going to answer that you weren't around in ' 66 I was um have you had you know negative news travels really fast have you had any significant issues with that plant over the 50 years or plus it's been there no no sir uh at our last hearing we had one um a neighbor resident uh who owned a uh kak store kayak store and he his concern was that we would affect the natural uh Coastline there because he he had plan to use the Jones um fish camp and and make a kayak and and do tours and stuff I don't it it it never happened so he had concerns that maybe we were polluter or we were going to hurt the environment after meeting with him showing him our operation assuring him that that that his plans would not be impacted he was fine but other than that no sir the plant that's on North Courtney on merid island yes sir you you you all are probably not affiliated with them that is our competitor yes okay that's what I that's what I thought okay that's that's the ones I have okay Mr chairman yes sir Mr Ron Yeah you mentioned uh you're going are you going what are what are you going to do with your trucks were you going to have some other facility or is is our trucks going to be maintained so our trucks are currently at the 2801 uh facility okay uh hammock uh Road facility we've expanded so much with our production equipment that we're really really squeeze for more trucks and the truck shop and stuff at some point in the near future we'll have to relocate that um I'm not really prepared to talk much about that we own some property up on Wy Avenue in US1 conceptually we have that area uh that will be the the likely place that we will will build this truck shop and and uh okay but but uh at this point we don't have any definite plans and do you have an estimate on how how many additional trucks you'll be putting on the road we've we've gone quite a bit since our last hearing we would add um I I estimate 10 or so do you know how many a day you uh get out get go leave that facility today yeah can you know so we have something to compare to yes sir uh approximately 17 a day okay so not quite not not doubling it but not quite significant yeah well maybe the uh maybe uh we can get that intersection at State Road 46 and uh US1 widened a little bit if we get enough traffic there we would greatly appreciate a traffic light at Wy Avenue in US1 uh Through The Years there have been a number of that problem accidents and F fatalities we have campaigning for years with the appropriate Authority We Believe to get a traffic light put there and we've had no success okay all right thank you thank you well seeing that I'm going to take it out to the audience uh anyone want to speak for or against this item okay ma'am if you could come up and state your name and address for the record Sandra Sullivan Sal Patrick Shores so I just want to mention uh concerned that um my understanding looking at it the existing plant is light industrial so I'm not sure if they're expanding the plant why it needs to be heavy industrial uh I would uh encourage that there be some sort of a bdp um for for this use but also a buffer to protect the properties to the north because that's where the housing there's some single family houses so because they're comp competitor as you know had a coming before the commission had a lot of complaints about noise so one thing it hasn't really been talked about clean yes but how noisy because under heavy industrial it's Exempted that it doesn't have to um as I read here uh follow the have an exemption on the noise ordinance um seemed uh so I just want to just read something very another concern because you don't want to do an impact and obviously this would be addressed during the site planning you don't want to impact surrounding properties with flooding so this is to be clear on the coastal High Hazard area um and in the FEMA special flood Hazard area so the whole area is in the in the coastal High Hazard area which means that potentially if not done correctly it could flood surrounding properties but then the biggest is issue I had um which really one of my passions is live local um bill because I call this the you will owe nothing and be happy law and so on on here this this is a red flag for me and I would really appreciate your board getting a little clarification on this from uh staff and particularly an the County Attorney uh it says here um as heavy industrial that they could potentially use this because of a far of 1.76 which of course you know is intensity use not density use they would be entitled to 33 dwelling units as part of the live local act now I've read live local many times and I went through it again last night am I wrong on this live local gives the right to Property Owners of commercial and Industrial the right to the highest density within one mile to that height or three stories whichever is higher I don't understand why staff has in here that it would have a potential for live local of 313 dwelling units of development potential at 30 units per acre pursuant to Florida statute 1251 055 live local I would ask that your board asks because this this is going to this this is very concerning and this is going to open up the the gates so to speak to a lot of other projects coming here if this is not address now and nip this in the bud thank you okay thank you would anyone else like to speak for or against this item all right then seeing that I'm going to close for public comment and board do we have any more questions for Miss Kim I just have have a a statement if I could just respond to Miss Sullivan briefly uh Lindy is not in the business of affordable housing it's not going to do affordable housing um it wouldn't put housing next to its plant that's not the intention the intention is as stated to expand its facility and its capacity to provide to NASA and the private contractors out there uh and also to even live local you still can't impect the wetlands for residentials so it's still the same issue and uh there's no intention to do that again um if you look at the zoning map where the plan exists right now is heavy industrial otherwise we wouldn't need to rezone so we're resoning the portion that's not where the plant is located if you look at the map and again buffers and light and things are either sight plan issues or conditional use permanent issues so um thank you sorry Miss and I'm not sure who you say now is orsus orus orus thank you orus okay so yeah my question just was in keeping with it can't stay zoned light industrial and build this no it has to be heavy industrial because heavy industrial chemical manufacturing aspect of it even though it's oxygen manufacturing and then the rest of the area I know you said that it's really not populated but it is all res too so if we're going to try to keep you know everything you know across the board we want to keep you know everything uniform there's a lot of res too so if I was somebody who lived there I might not like that so much oh understand but there's no one that lives there right now and this portion of this property is resed to but it's between the planned industrial and the Planned industrial so it's a little a little sliver of yellow right here we're trying to get back to IND or tried to get to Industrial but again there's a need for this property to be res also to there's some issues with setbacks and height and thing that's another reason why this all needs to be uniform and also the the Practical matter is when you try to give the legal descriptions to change the zonings it's really tough to find legal description for res 2 it's just hard because of the way the county has kept their their uh record so that we're just trying to unify the zoning and future land use but I I we do understand and we don't intend to impact any residents even though most of that land immediately to the West is heavily Wetland and heavily forested and will it increase any the of the intensity it's not planning on Cas your far is going up they're just going to expand they're not even using all of the property because of the wetlands in the pond that's there so I mean it's it's going to be far less than what could be built there because you can't yeah because you can't really do it you know with a critical you know High correct Coastal area of of concern you can't correct increase okay Kim you know what happens and and we're going to start seeing more and more there was a time that in Mims This is probably the only only thing there and now all of a sudden if there ever is residential run which I doubt it won't happen but they'll be complaining now about the plant that's what happened North R Island you know if you move next to a lake you're going to see a boat and this is yeah that's I I'm I've been around that plan for years and years and uh Ron was there before you were so I'm going to make a motion that we uh approve second second okay item 86 a motion by Henry a second by Logan all those in favor say I I I any opposed item 86 passed unan unanimously I'm going to need another motion on item 87 I'll make a motion second item H7 a motion by Henry a second by Logan all those in favor say I I I any opposed that pass unanimously all right thank you that we will say meeting adjourned well 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 Bard County Florida Space Coast government television or the program sponsor and are solely those of the presenter the board of County commissioners of bravard County Florida Space Coast government television and the program sponsor hereby expressly disclaim any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such period [Music] [Music] [Music] [Music]