Good evening and welcome to the uh Thursday, May 14th, 2026 meeting of the Indian River County Planning and Zoning Commission. We'll call this meeting to order and begin with the pledge of allegiance, please. 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. >> Thank you. Uh any additions or deletions to the agenda?
>> No, sir. >> All right. None. Uh first order of business is approval of the April 9th, 2026 minutes. >> So motion to approve. Um all in favor I >> oppose. Um minutes for uh April 9th,
2026 uh are approved. We've got one agenda item tonight. It is a public hearing. It is the Westside Racket Club request for a site plan and special exemption use approval to construct and
operate a Racket Club facility. Westside Racket Club LLC is the applicant. MBV Engineering Incorporated. The agent zoning is RS3 residential single family up to three units per acre. Land use
designation is L2 low density residential 2 up to uh six units per acre. Um are there any uh declarations of expartite communications and can you um uh review this with the an open mind
this agenda item on the right? >> No. >> No, sir. And yes. All right. Left. >> No. And yes. >> Yes, sir. >> Okay. Very good. Um, uh, we'll, uh, swear in all the participants. Anyone who would like to speak on this, please stand and be sworn
in. >> Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth? >> Very good. Um, staff presentation. >> Thank you. Good evening, chair and members of the board. Before you today is the Westside Racket Club's special
exception use Oh, thank you. >> and site plan approval for the existing facility. The intent is to restore the property and provide additional enhancements. The special exception use will cover all four proposed phases and phase one is
included in the site plan approval request. All subsequent phases will require a separate site plan and subsequent approvals. The site is located south of Fifth Place Southwest. It is east of 43rd Avenue. It
is north of Sixth Lane Southwest and it is west of 40th A Southwest. As you can see based on the aerial imagery there is existing site improvements and then it also shows the proposed improvements as well.
This is the phasing plan. Phase one is shown in the white. Phase two is shown in the green. Phase three is in the purple pink color and phase four is in the blue. Phase one is proposing to restore the
existing eight tennis courts and construct four new paddle courts and associated improvements which do include utilities, storm water, parking, and landscaping. Phase two is proposed to restore the existing approximately 2400 foot
clubhouse building and construct two additional paddle courts. Phase three, the pink portion, is proposed to add the pool to the clubhouse as an amenity and construct four pickle ball courts. Phase four, the blue portion, is to construct
the remaining two tennis courts. This is the overall site plan without any of the colored phasing shown. Do you have a question? >> The traffic access to this is done by a full access driveway that is connected
to Fifth Place Southwest in the northwest corner of the property. There is one large storm water pond along the southern portion of the project. It's approximately 1 acre in size.
The project is providing a 30foot type B landscape buffer around the entire project with the exception of the 20 foot thoroughfare road buffer that is along 43rd Avenue Southwest. The site is also providing foundational plantings, internal or interior parking
area and non-vehicular area landscaping as well improvements and other conditions. A tennis club in the RS3 zoning district must adhere to the specific land criteria section 971.40 subsection 9 of the county's land
development regulation. The proposed plan does comply with all five of the criteria listed in this code section for such items such as increased building setbacks, lighting, landscape buffering, and adequate parking. Staff was required to publish a legal
advertisement in the newspaper, send out notifications by mail to all property owners within 300 feet of the project site, and post a project notice site as well. As previously discussed in the landscape portion, there will be a 30-foot type B
landscape buffer along three of the project's perimeters and a 20ft thoroughare road buffer along the western perimeter. staff recommends that PCC recommend that the BCC grant special exception use
approval and that the PCC grant phase 1 site plan approval subject to the BCC approval of the special exception use for Westside Racket Club with the conditions listed in the staff report. Those are installing all buffers and landscape improvements, install all
associated lighting improvements, and install the site infrastructure. That is all I have. Do you have questions for staff? Thank you. >> Thank you for your presentation. Are there any commissioner questions of staff on the right?
>> All right, let's start with John. Go ahead. >> The uh the storm water thing on that first one where it showed is that does it finger up in the in the parking lot? It looked like that was >> there's a swell that will go up and help
provide drainage between the paved parking and the stabilized parking. >> Okay. But that's not like a wet area. That's not standing. Okay. >> It showed it blue on that one picture and I was just curious. >> I think I was just trying to show that there is intentional um drainage that
does go down into the um proposed pond. >> Okay. Thank you. >> Go ahead. >> No, my question to staff is simply this. when this already was Westside Raet Club
up until 2018. Why is this having to come before us as a special exception? >> It was um because we're inc increasing the special exception use. So by adding all the additions that's requiring us to
take it back before the board to get additional approval. >> Thank you. >> Good. >> Any uh questions on the left? Not at this time. >> No, I I've got one and and I think after
listening to the board of county commission meeting last week with the issue that they had that we had talked about special exceptions before. To me, this is probably the perfect example of what a
special exception should be. It's my only comment. >> Good. Good. Anything else? Okay. This is a public hearing, so I'll uh open the public hearing. If you have been sworn in and have anything you'd
like to say, come to either one of the podiums, state your name and address for the record, please. Hi, my name is Darby Stevens. I live at 4280 Sixth Lane Southwest. Um, that house has been in my family since 1983.
Um, it was one of the first few houses built in the um, Westside subdivision. I have a few questions. This property is currently listed on MLS for $1.8 million.
What we are um afraid of is that these exceptions will change and then a developer will come in and build 21 single family homes or
51 um town homes. Am I incorrect in thinking that? >> I believe so because your special exception is only for the approval that we see before us.
>> Okay. So, >> so a developer cannot come in and change the plan or development etc. So, >> okay. So, there would have to be another meeting if that was the case. Correct. >> Okay. That is good to know. Thank you. Um, I mean, these plans are absolutely
wonderful. The only issue we've had is they can't even take care of the grounds as it is right now. Is there funding in place for this? Is there a guarantee that this is going to come to fruition?
Well, I I don't think we we're allowed to even ask that question of the developing of the of the um Westside Racket Club. Um we're here to approve the proposal as it's done or decline the
depos proposal as it's presented based on the evidence today. And so this board, I do not believe has uh the right uh nor the ability to to ask that answer that question. Susan, am I >> am I on par?
>> Yes, Deputy County Attorney Susan Prader. For the record, yes, that's correct. We cannot ask questions about whether or not they have the financial ability to do this. >> Very interesting. >> Um so this is right now the only thing this board can consider is whether it's legally allowable um under this
particular criteria. So that's what here we're um here for today. And just another question for the um as far as um with this noise ordinance, is that a special um request that can
you know be part of this site plan as far as because we all know it gets pretty loud and I remember I think it was nine was it nine o'clock 10 o'clock at night that they closed it down before
and you That's going to be a lot of people and a lot of courts right in our backyards and I just want you guys to consider that. Maybe give us more than 30 feet
from our property lines. >> Brandon, can you can you speak on whether there's lighting, nighttime lighting and any kind of restrictions on hours? >> So, as far as hours restriction of operation, we typically don't have that. However, and I'll opine to Susan on if
you can put our restrictions on a special exception like this, but we absolutely do have a noise ordinance and if the noise ordinance is violated, then code enforcement will get involved. >> I believe >> I'm sorry. >> I'm going to respond to your question.
>> Okay. Go ahead. I believe at the board of county commission meeting for the school that we approved, they put a caveat on there about the lighting being down lighting. So they they did that. >> Well, yeah. So it was it was a dark sky
lighting, but they didn't put any stipul So they didn't put a stipulation on the condition that the lights had to be turned off by 9. >> Okay. >> But um that could be something if that's legally considered. So, under under the special exception use that they're
asking for because they're asking for a special exception, you all can ask for certain like for some conditions. Obviously, you can't ask for unreasonable conditions. They have to be reasonable, but you can ask for certain conditions. And I believe the question
about buffering would probably be deemed to be a reasonable condition because you're trying to add more space between to help buffer the noise if the noise is the concern. >> Um because is this forgive me Brandon is this raet ball? Um sorry pickle ball or is it tennis?
>> So there's both tennis and pickle ball and I believe also paddle ball as well. Um, you could also go the route of what the commission also did at their last meeting for another special exception where we were directed to put a condition on about noise mitigation. So
that when future phases come in um we we both as a staff and applicant are would be required to consider noise mitigation efforts um to kind of mitigate the sound especially of pickle ball. >> Yeah. Yeah. That was going to be my concern is pickle ball is noisier than tennis. my understanding it was tennis,
you know, we're calling it a tennis uh complex, but pickle ball is, you know, so I would like to see any kind of noise buffering language added in as a as an additional condition. There are acoustic um uh I think, you know, curtains that could be placed along the fence of the
racket ball courts um as well as I believe paddles uh special paddles that have some noise buffering, you know, characteristics. And um so far the only other thing that I've noticed is Westside Raet Club LLC is no longer an active LLC with the
state of Florida. So they would have to reenact that LLC. >> Is that the applicant for this development? >> U it is the stated applicant but um we don't really verify through the process if if they are are not an active LLC.
that would be between them and any legal issues. >> But this is they're not active and they're asking for an exception. >> How can we give the exception to >> not active? >> They're not an active corporation, >> an entity that's not active. >> I mean, I'll be honest, in my 10 year career doing this, I've never come
across something where they haven't >> maintained their activeness. So, this is a first one to look at this, >> but I believe the applicants did enter the room just now, so maybe they can answer their legal status. They would have to be sworn in as well. So, whoever is going to speak on behalf of the applicant, if y'all could get sworn in
while I look this up, please. Thank you. >> Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth? >> I do. >> All right. Thank you guys. I appreciate it. Have a good night. >> Thank you. >> Anyone else from the public want to
speak? Um, so I think there are some questions on the table for the applicant. if you want to clarify those questions. >> So, >> go ahead. >> Come on, Dick. >> Go ahead, Brian. If Oh,
>> good evening, everybody. >> Good evening. >> My name is Dick Bird and uh my wife Wendy and I for 25 years have lived in a home that backs right up to Westside Raet Club. In fact, we're right across from where the old clubhouse used to be.
And uh even before that in my prior life when I was married before, we lived down the road about three or 400 yards and we were chartered members of the original Westside Raet Club which I have very
fond memories of. It was it was a wonderful facility and my kids were raised there and and we had some great times there and a great group of people and stuff. So, we basically are are in favor of seeing something done there.
It's overgrown with weeds now. The building is getting dilapidated and uh something good needs to happen there. But, uh we do have some concerns that I'd like to share with you. Uh, as you know, I've always been a
proponent of recreation and we've long awaited to see the ri revival of the Westside Raqqa Club. We also understand that it will have to generate enough play to be financially viable yet at the same time feel it needs to be scaled
back. Our two our two main concerns are noise and traffic with the size and type of this expanded facility. Will the size and type of this expanded facility be able to comply with the Indian River County noise ordinance? At completion,
there will be 20 sports courts accommodating up to 80 players. Pickle ball is notorious for the level of noise it creates. Based on the existing site plan, the pickle ball courts will be about 43 feet
from our rear property line. We are concerned that the constant loud popping sound of pickle ball combined with the social noise of crowded courts will affect the health and quality of life for us and our neighbors. Will there be restrictions in place to
make these courts neighborhood friendly by limiting the hours pickle ball can be played and requiring specialized paddles and balls to quiet the sound? Can the pickle ball courts be relocated to a spot adjacent to 43rd Avenue and
centered on the club's west property line which would place them quite a distance from any of the surrounding residential uh area? Does the refurbishment of the tennis courts mean they will remain clay
surface? These are quieter than hardc court. A total of 555 average daily trips is estimated when the project is complete, which is considered to be a large traffic generator based on county
definitions. Assuming operating hours of 7:00 a.m. to 900 p.m. This amount of traffic would be an average of about 40 cars an hour on Fifth Place Southwest, which is a small residential street. It also would add that much more traffic on
Fifth Street Southwest, which is already a busy street. To put it into perspective, this site plan proposes more sports courts than any of the county's regional parks in Vero's Pocahontas Park that they
individually support. The noise and the traffic will completely change the character of our residential neighborhood. When a special use becomes a detriment rather than an enhancement to the neighborhood, it doesn't seem to be in compliance with the spirit and
intent of the county special exception ordinance. Just in closing, I'd like to say we're not opposed to the project. We look forward to the project. We'd love to see something done there much better than it is now, but we do have concerns
about the intensity of it. Thank you for listening to me. >> Thank you. >> Thank you. So, >> if I may, um, I do have a question as to who it seems the current owner
of this property, it's Westside Rocket Club LLC. Um, and when pulling that detail up, there's a couple. It looks like the one that is there that matches this and I, this is a question for the applicant. It
looks like the name of the person on there, the last name is Wild Key, Wilkey. Okay, thank you. So, that currently is inactive and it was administratively dissolved. Um, the last event date that
happened was September 2025. And under Florida statute 6071405 of business organizations and Florida Business Corporation Act, the effect of a dissolution, if you look at subsection one, a corporation that
has dissolved continues its corporate existence, but the dissolved corporation may not carry on any business except that appropriate to wind up and liquidate its business and affairs. So, I don't
I mean, they can transfer title to the corporation property. Um, I don't see anything in here that is allowing them to apply for extra things or
make anything else. But at this time, if they are a dissolved corporation, I don't know how um they have the legal ability to apply for this current special exception use. >> Thank you. >> And this is a brand new one for me that
I have never seen before. So, this is a bit interesting. >> Yeah. I mean, >> you're not an existing corporation before us. >> I'd like to verify. So, staff does verify this when the application first comes in, but this application has been going on for a while. So staff would not
have been aware that the LLC was dissolved when they were dissolved in September. So like Susan said, this is a first for me in my decade plus of doing this. So >> is is the applicant wanting to withdraw their application because of this fact
at this point in time. >> Imagine someone's paying him. >> Yeah. Uh good evening folks. My name is Ryan McClean with MBV Engineering. We're the engineer of record on the project. Uh apologize about the attendance. Me and the general couple general folks have been locked out for about 25 minutes outside um pounding on the doors
doing the whole runaround thing. Went to multiple buildings so called Brandon got some texts from me as well. Um so FYI so I apologize about that and I didn't hear any comments and concerns ahead of that as well. Um if I guess Susan direct your question. Um this project's been going
on for about three years in Birmingham. So back and forth the entities Jane and Max Wilky is a is a son and a mother associated with the Wilky Foundation if you're familiar with the good work they do through the county. Largely I can't speak on the disillusion of the LLC. So
if you're saying that he can't carry it forward, I don't seek to withdraw. I'd seek to carry it forward and get board recommendation for approval if that's a possibility. If you're saying if you're telling me it's not, I'd ask for a continuence for clarification. But I'd hate to think that three years of work, I'm telling you, clawing and scratching
to get here for a very simple project. Um, I guess I'd like to see the what your recommendation in that attempt would be. >> It would I cannot give legal advice to you, Mr. McClean, but what I can do is I can give
legal advice to my board. And the advice that I would give is that we would um it seems like this particular item they lost their status effective on September 26, 2025.
Um staff said that this item was When was this applied for? Do we have the application date? Brandon >> Kelly's got the file. She'll >> bear with me one minute. Look it up real quick. Thank you. >> Can I make a suggestion, Brandon? Maybe and and this is the first time
this has happened obviously since you've been here doing this. I've never heard of this happening before. But maybe when we have things like this come before us before you all set a meeting to verify that this is a a liqufied company. >> I think that's a good plan moving
forward. Well, can we just make a condition that this uh LLC or a successor LLC uh be active according to the state uh before
anything else is done? >> If you bear with me just one moment, I think I want to hear when they actually put in the application first because that might >> I don't have the actual physical application. What I do have is the draft. Can you talk into the microphone? I'm sorry. >> What I do have is the draft TRC comments
and those are dated September 18th of 2023. >> Okay, let me look. >> So, prior to the dissolusion by two years. >> Well, and let me also offer this up too. So, special exceptions run with the land. So, if something gets approved,
in theory, it could change hands to different LLC's or different owners because the approval itself runs with the land, not with the owner. I I understand. >> I understand. But how do you approve it for an LLC that's not active? >> So, >> yes, it runs from >> I mean, I'm not I'm not arguing for or
against. I'm just providing clarification that special acception uses run with the land, not with the applicant. >> If I may, because this is it seems that when they applied for it, they were clearly in, you know, compliance. It looks like this was something that was
done on September 2025. Um because the statute says that they're not legally able to continue to do business after that. I would recommend that the board make a finding that they're currently not active and we
continue this matter for a different date. >> That that's what I was >> um I don't know that we can the problem is is with public hearings, we can't just continue it to a time certain. Um because this is a public hearing. I think we will have to close
it. Um I think we'll have to close it and it will have to be renoticed and republished because we don't have a time certain. I don't know when they'll be able to get their filings in or when it would show. So I can't I I'm a little
afraid of that. So, we will have to renotice that. Um, while you can close the public hearing and and and start again later, I would suggest that we redo re-enter the evidence, rehash the testimony and and redo it again because
of this this fact. >> That is my suggestion to this board. >> Question. Should we take in consideration what we heard tonight from the standpoint of maybe moving this around, changing the landscape or just
>> I would I don't think we can do anything at the moment. >> Let Susan talk please. >> I I don't think we can do anything at the moment if if under Florida statutes and I'm going off of the 607-1405 that it can't do business except to wind
it up. Um I don't know how we approve something for a dissolved business today because technically the approval would be effective to at least for this part today. So that's why I'm suggesting that we don't do anything further that it get
continued and rebrought renoticed re everything back at the time when they actually refile and get that taken care of. So, do we want to close the public hearing or continue it? >> I I don't think we can continue it. I
think we have to end this public hearing and clo Well, >> deny the application. >> No, we may have to continue, but not to a date certain um so that we can come back and rehear the evidence and rehash this again at another date. But I think
that the board needs to find make the factual findings that because of today that this particular entity is not a proper legal entity that it's dissolved under the state of Florida
that we need to close the hearing today and continue this to another day that it will be renoticed um so that we can rehear this item or they can present their evidence. and then we'll have the item there and that
way we can make sure that and I'm so sorry Mr. McClean that the doors are unlocked. >> Okay. On advice of councel, we will close this public hearing. And now do we need a motion of >> Yes, please. I think we need to make a motion. If we could have a motion,
please. >> Okay. >> Anyone up to speed? They can make a motion. >> I'll give I'll give it a swing. How's that? Go ahead. >> All right. I'd like to make a motion that we uh put a continuence on this particular application until the
corporation that is applying has uh their status with the state as an active corporation and therefore we can hear evidence. >> Second. >> Susan, are you happy with that motion? >> I think that's that's fair. >> Okay, we've got a second right here. All
in favor? >> I oppose. Um, okay. Um, very >> commissioner matters. Any commissioner matters? I just wanted to say I'm very
curious as to why applicant owner would uh just let this thing expire having made it's very easy to forget that come uh you know January, February, March, you have you have those three months to renew your corporation and it
you know it expired in September because the state law says you have until September to actually file that. There's a fine that goes along with that with $400 to renew a corporation at that point in time. Um, so they just need to go back, pay their corporate fees, and they can reestablish that that
corporation. It's not a cumbersome deal. You can do that all online. From my experiences um, and corporations that I have formed and that I have owned, it's a very simple thing. So I I don't see this being delayed more than four weeks uh, to get renoticed and to do those
things. So, I don't think we're we're putting an extreme burden on the applicant at all. I just think it's some paperwork that needs to be taken care of, Mark, if that answers your question. >> Well, I I agree that it would be I mean, they could have this thing solved
tomorrow. Um I'm just wondering if >> Yes, but it was noticed >> beyond our purpose. >> Yeah. >> Right. Right. I think this is beyond >> unless we made a condition that the >> We We're done with it. >> Legitimate over. Yeah. It's done. >> We're done with it. >> Yeah. But we have the questions of uh
like Mr. Bird's concern and things like that. >> We'll have to hear that at the next meetings. >> Yeah. >> Just as a side comment because the doors were locked. I hope the applicant watches the video because there was some really good public comment that should be taken into that I think they missed
and I think it would expedite things. >> Yeah. If they could solve some of those concerns between now and the next public hearing, that'd be great. >> Any other commissioner matters? >> Any planning matters? >> Uh, we may have the next meeting, but
right now, um, no special exceptions or administrative permit uses that would make the agenda. The final decision will be be made early next week. >> Any attorney matters? >> None at this time. Thank you. >> Very good. We're adjourned.