Yeah, my hearing aid just locks it into the system. >> Yeah, it's it's a All right. Come on. All right, we're there. Okay, the hour 6:00 is upon us. I appreciate you all let me have a few seconds get my ears
on. Uh, I'd like to go ahead and open the meeting of the planning zoning commission, the Thursday, December 11th meeting. I'd like to go ahead and call the order and have the pledge of 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. Do we have any additions and deletions to the agenda?
>> Mr. Chair, we don't necessarily have any additions or deletions, but I do want to take a quick moment to introduce our new planning development services director, John Stole, who is actually coming back to us. He was with us previously. And uh so John's here, but it's only his fifth day back with the county, so I'll be
still steering the ship tonight. Thanks. >> Thank you. John, come up if you want to say anything. It >> Thank you very much, Mr. Chair. Uh >> yes, indeed. I don't have much to say, but I'm really happy to be here and um I feel really wonderful being back in this community. I missed it a lot while I was
out there. So, um I can't wait to work with you all in the future. >> Excellent. Thank you. Looking forward to it. >> Back. >> Thank you. >> Let's see. The next item we have is approval of minutes for the November 13th, 2025. >> Motion to approve. >> Second. >> We have a motion to second. All in favor say I.
>> I. >> Those opposed? Same sign. Passes unanimous. Thank you. Moving on to the items. We have what? One, two, three, four, five items. Actually, item number four is items on consent. Do any commissioners have any questions or want
to pull this? >> No. Anyone from the public like to speak on this item? Seeing none commissioners, a motion. >> You have a motion? >> Second. >> Second. All in favor say I.
>> I. Oppose. Same sign. Passes unanimous. Thank you. Now moving on to items not on the consent. I guess Susan, you want me just to read this and it's kind of a pass through
like we did with the consent agenda? >> Um, yes sir. A little similar, however, because um since it's not on consent, it's not necessarily listed as a public hearing either. So yes, if you could do a read through, ask for um input from
staff and anybody else uh from the other side and then move forward. Okay, thank you. This is actually Laurel Cove. It's request for major site plan and preliminary plat approval for 165 unit residential plat over site plan project.
The Concordia Group LLC applicant Mills Short and Associates LLC agent zoning classification is RM6 residential multif family up to six units per acre. Land use designation is L2 low density
residential 2 up to six units per acre. Proposed density 3.48 units per acre. Commissioners, any questions? Mark down your way. Jordan, >> I'm good.
>> Chip, >> yeah, we can >> you need to speak into your microphone, too, Chip. >> You're off. >> Yeah. Now, what was your question so the public can hear it? Um, my question was regarding access to
the property and egress to the property, but I'll wait for staff to >> explain so maybe I'm not missing something. >> Okay, Robert, any questions? Okay, staff. >> Brandon, >> good evening, chair, members of the board. Before you today is the Laurel
Cove major site plan and preliminary platite plan. project is located east of uh 66th Avenue, west of 64th Avenue, uh north of 87th Street and a little bit south of
Barber. I also want to take special note that the project entrance is technically on uh Schuman Drive which is considered a city of Sebastian road and uh we have coordinated with city of Sebastian in terms of engineering department and the
applicant will be responsible for um doing any uh rightway or driveway improvements with city of Sebastian if they do require on aerial is a depiction of what the site's going to look like along with existing conditions. I want to take special note that there
are two parcels that are along 66th Avenue that are not directly connected to the property, but they are a part of the property ownership. Uh those parcels are one of them is going to be a native preserve area and then the other one's not not going to be touched as well for any sort of development with this
specific development. Uh site plan is going to call for 165 single family plat over sight plan units. Um in between each of the single family properties there's going to be approximately a 10-ft sliver uh in
between each. So I want to take special note that for the plat site plan process the side setbacks are actually zero and that is designated in the code. Um, traditionally the plat oversight plan process was to uh form or conform to the
um shape of the building, but due to uh the need to have a front yard and a rear yard, um staff over the years has taken the stance that they're allowed to have a little bit of a front yard, which is typically a 20 foot setback, and then uh rear yards are typically anywhere between uh 10 and 15 so that they can
have their appropriate sheds and uh swimming pools that they should want. However, uh for this specific development, uh the applicants have decided that pools will not be allowed with this development as there isn't enough room in the rear of the property. Um but there could be enough room in the rear to have some small things like some
sheds. Traffic circulation plan is going to call for your standard internal roadway system. Uh there's going to be two culde-sacs. Um the main entrance and really the only entrance to the development will be on 66th Avenue andor
Schuman Drive. Um because this project is over 100 residential units, it is required to have an emergency access which is going to be connected to 64th Avenue. Um so should something happen to the 66th Avenue Drive, there will be a dedicated emergency access for fire and
police and so on and so forth. Uh storm water ponds are highlighted in blue. Um there's they're spread out throughout the property. uh landscape plan is going to call for a required uh 25 foot uh type B landscape
buffer along 66th and then also one along 87th. Um there's also a 20ft local road buffer uh that's going to be required along the project's uh western edge or eastern edge, sorry.
Uh the dedications and improvements for this project are they're going to have an internal pedestrian system. Uh you know standard street lights, common area and grease green space recreation area. They are also setting aside 2.95 acres of native up native upland preserve. Um
and then as far as traffic improvements, they are required to put a southbound left turn lane and then they also have to provide a 64th Avenue rightaway dedication. Staff recommends that the PCC grant major site plan and preliminary plat for Laurel Cove with the conditions listed
in the staff report. These conditions generally reflect the final landscape plans and street lighting designs, the final tree protection, upland preserve and mitigation plans, the installation of all landscape and buffer improvements, installation of all lighting improvements, as well as the common area and any required project
sidewalks, and the installation of all off-site traffic improvements and the dedication of the applicable rights of way. I'm available for any questions you may have. Thank you, >> Susan. Should we with this being quasi judicial, do we need to do the expari and make sure that everyone can vote on
this with a clear mind? >> I I would think so. It's not necessarily a public hearing. It's it's a little weird. Um >> quasi judicial. I just don't do that and be safe. >> If that's what you feel you would like to do, Mr. Chair, it doesn't have any harm to have the extra precautions.
>> Okay, let's do that. Uh this is expartai. any first and foremost any expartai relationships with this. Can you all think with a clear mind and vote on this with a >> Yes. >> Okay. Yes, sir. >> See that? I guess I'm not worried about
swearing people in because we don't have to take it that far. >> So, >> yes, that's correct, sir. But I I think at this point if staff's presentation is over, if you have any questions of staff at this point, I would go that route and then from there see if there is any input from the applicant. Even though I mean I understand it's not a public
hearing but they should at least be afforded the opportunity to be carried on. >> Okay. Staff or commissioners any questions? Chip. >> Yes sir. Um >> regarding mainly the ingress egress you mentioned a southbound left turn lane.
Where is I assume that's going to be on um 66th Avenue Barber. >> Yes. >> Okay. So >> yeah it'll be right at the project's entrance. Okay. Um, is there >> is there's no light or anything there.
Correct. >> There is not a light now. >> Okay. Um, because I have a concern about that. Uh, that's an extremely busy road for anybody coming out of state out of the Highlands heading south just like the intersection of uh, you know, 510
and Barber Street 66th Avenue as well. I mean, the you have an emergency access to 64th Avenue. Um, and I know that's somewhat rural in that area. Um, why would we not just let uh parties go out of that and then come
turn to the south and go to to U 510 and then make a right-hand turn to go south? >> Uh, because staff um rather public work staff uh reviewed this and determined that 66th Avenue or Schuman Drive was the most appropriate location just because of the standard of the road. I
would also like to note that the entrance is right in ride out only. So, you couldn't take a left turn onto 66 if you want to get out of the development. >> That's good to know. Can you say that again, please? >> Uh, so the turning movement for coming out of the development is a right in, right out. So, you wouldn't be able to
take a left onto 66. >> So, it's a right turn only out of the correct. >> Correct. And that's because >> right turn only coming in as well. Correct. >> No, there's a left. >> Yeah, that's that's where I'm confused because you have a southbound southbound left turn lane. I mean, I thought that was coming out of the neighborhood and
heading south on 66. Is that where is the road that that's going to occur then? If it's right turn out and right turn in, I don't see any left of turns being done. >> It's a Mr. Chair, for the record, Ryan Sweeney, assistant planning development service director. It's a it's kind of a
funky It's a right in, right out, left in. So yeah, >> if so it's not a full it's not a full movement, but so going out would only be right out, but going in would be right or left. >> Yeah. And you couldn't take the left out because of the
>> because from coming from north >> neighborhood, how do you go south? >> Do you have to go up and turn around or loop around? >> So you'd have to go up to Arbor Street and Schuman and do a U-turn there
>> or loop loop. Yeah, there's a there's an ele there's a nursery school or something there. >> There's a school. >> There's a school there. >> So, how do they get south? >> They would have to turn >> the city of Sebastian controls this this portion. And I I will note even though
it's not listed in the staff report, um that through negotiations with the city, they also are through their permitting uh requiring an extension of the northbound left at the intersection of of Schuman and Barber. But that's not a
county requirement. It was not required by the traffic study. So just to be aware, there's an existing north, call it northbound. It's not truly north at that point. But that left turn lane will be extended by a few hundred feet as part of their permitting. >> So So if I understand this right,
essress and egress is controlled by the city of Sebastian and is not under consideration for ourselves. >> Yes. Because if you look but um go go back actually to the um here let me if I could just use the picture. So
so this yellow line is the city limit which is about the midpoint of the project. That's also where 66th Avenue converts into Schuman Drive and jurisdiction changes. The driveway connection is basically where this existing driveway is here. Um so anything north of that city limit line.
Um although the the entirety of the properties in the county for for zoning jurisdiction in terms of roadway frontage, it's it's city of Sebastian. Um and frankly, their only frontage uh in terms of roadway frontage is all city of Sebastian jurisdiction for right
away. >> Do you want to address the talk? So let's see what they have to say. >> Yes. Thank you. >> Yeah. And I like I'd like to note that the applicant does have a presentation prepared tonight for the board. >> Well, for something so simple, this is
getting to be uh >> look at me that way. >> Chip, >> did you say that these are technically uh zero lot lines, meaning they'll be able to build on the entirety of the lot because there's the 10-ft buffer between >> Yes. for the for the side setback. But there is built-in setbacks for both the
front and the rear. >> Front and rear, but not >> sides. Yes. Technically, per the code, they could go to zero, but over time um staff and rather the local folks have noticed that that's it's not good to conform the lots to just like a square box. So, it's good to kind of have a
front and a rear yard. So, it allows for, you know, like traffic or cars don't overhang into a sidewalk or into a roadway and then folks can have a a little bit of amenities in the backyard like a sometimes a pool for some of these developments or a shed or a screen enclosure.
>> Yard kiss. How wide are the lots? >> Uh lots specifically are >> 35 >> about 35 product. >> Yes. >> On that and is the area between the houses uh limited common area through
the HOA and controlled by the HOA? >> Yes. So the only thing we typically allow within that common area is air conditioning units to be canolvered on the building. Uh we always try to encourage the applicants to make dedicated connections for uh generators within the rear yard and this project is
going to be compliant with that requirement. >> So you're going to allow generators in the rear yard? >> Yes. >> Okay. And um I I know I'm familiar with the Willows project that was done uh several years ago and it was done on the same uh limited common area and those
kinds of things and and I will tell you there were drainage issues. So, um hopefully that uh Mr. Mills will will address that with us um when he gives our presentation. >> And they did not allow generators to be inside the house either.
>> They they actually we did get that um changed uh at that time for that particular development. Um and they allowed it, but it had to be by special permission uh to do that. So >> yeah, during our review process for all these plats site plan projects, at least the recent ones that are coming up, um I
always address my team and tell them that they need to require the generators to be in the rear yard because these common areas, if you start putting generators in the common areas, well, technically it's owned by the HOA, it can create drainage problems and then you know who owns it, >> right? The HOA and they have to manage
it. And that that was one of those concerns just because I've had some experience doing that. Yep. >> And is there a total of 10 foot between the two houses or 10 and 10? >> It's 10 foot between the houses. >> Just 10. >> So just five and five. >> So technically I guess yeah, you could say five and five. >> I mean basically that 10 foot section
would be a drainage swell. >> It's a drainage swell. Yes. >> That's all it would be. >> Yeah. Hampton Woods or whatever that place is called. >> Let's not let's not go to that. >> Let's not go to there. >> No. Well, just Yeah. You just raised my ears on that. >> The plat oversight plan process is a is a >> totally different
>> totally different and unique. This is not a plan development. >> Okay. >> Um and and frankly the code kind of actually kind of bounds us to essentially zero. >> Okay. >> And then the minimum 10 is more of a building code item because that's the minimum separation. U but yes so this is
not a plan development and and so let's just be clear on that. Thank you. >> Was there a difference in size of the lot? >> You need to speak in the mic. Sorry. difference in size of the lots prior to this >> in for I mean platover control essentially the the product controls
what the lot the footprint is still essentially bound by the footprint so if they're building 40 foot product it's a 40 foot wide lot if it's a 35 foot wide product it's a 35 foot wide lot um so that it's it is customtailored to the product if essentially the site plan is
controlling they they've effectively lot fitted all of the units And then they plotted I mean down to the zero. I mean you own to the the layer of paint. >> I'd like to hear from the >> Yeah. Well, the applicant is here as well. Thank you. >> Yeah, Mr. Chairman Mark.
>> Um with that 10-ft strip as you describe it, that's effectively a five- foot setback. Uh but you've got a zero setback. Um, how
I guess the I'm I'm worried about these places where the roofs are almost touching and that's not very attractive. Uh, also how do I I know the roof is probably has to be in within the property line and not in the 10-ft
strip, I guess. >> No, not necessarily. They they're they are allowed to overhang into the common area just like the AC equipment. to be clear. So, two things. One, yes, effectively, if you were to draw an imaginary line down the middle of the 10- foot, it would effectively be five
and five. However, in the most polite way possible, you don't really you guys don't really have a say in that. We're not talking about setbacks. >> Correct. >> So, this is a thinking of it as if the site plan is controlling. They they have the option to never plat and this could be one giant rental community with 165
rental units with zero or single ownership. The reason that they plat over is for to convey fee simple. Effectively, this is a single family condominium if you think about it that way. >> So, how how does this um roof overhang
work? How close do the roofs get in? >> So, I I can tell you that um >> it no, it would be essentially an 8 foot spacet. They're probably only going to have a one foot minimum. Everything that's less than 10 ft has to be fireproofed with every inch of
additional overhang. It's more expensive to fireproof. So, they're going to have a minimal eve depth. Again, I'm can't guarantee these things, but this is how the industry works. >> So, and then how how do you get uh mentioned pools? How do you get
equipment? >> Pool pool equipment is going to be on the deck behind the house with the pool. >> No, I'm talking about >> Oh, yeah. For for this specific development, the applicant's not allowing any pools, >> right? >> And that's HOA docs. >> It will be. Yes. >> Say you could have a shed. So that would
have to come in. >> Yeah. How do you get a shed through there? >> It's got to be 8 by10 with a really really tight fitting. >> And I'm not sure HOA docs will allow that, but we can ask the applicant. >> Sure. >> This I mean this these are not this is
like the Willows is an example of a very a similar product on a smaller scale. >> Yes, sir. It's and they're relatively speaking more of affordable type I don't not affordable housing by any means but a more affordable type of product >> that can be conveyed be simple >> correct
>> and that's the whole purpose of doing the site oversight plan is is they want to convey the property as opposed to having it as a condo they want to convey it as if it's fe simple and ownership so they own the ground underneath the house as well and not do it as a town home or a condominium >> it's a hybrid between a conventional
subdivision and a condo though cuz I mean the the common area, you know, you've got improvements that you own in common area. The driveway is it's so it's it's fairly unique, but it it it has worked and >> it's just Yeah, I don't like it, but
>> Jordan. >> Oh, yes, >> John. >> Good for now. >> I have a I'm going to get back to the ingress and egress. I think they have plenty of room coming in because it's like a what' you
say 100 foot granite 200 foot something like that. >> Yeah. >> Okay. Yeah, I've got it. I I maybe we need to swear those that want to speak in Susan since we've done everything. >> So >> it's since it's not a public hearing,
it's not required but >> and we know we're not going to do that then. >> Okay. >> I was going to say I think but I'm sure Mr. Mills is fine to do it too. We can do that as well, but it's just it's just not required. >> Nothing. >> I thought this was going to be simple, too, and it didn't become simple. Go
ahead, Mr. Mills. >> Yeah. >> Good evening. Uh Wesley Mills, Mills Shorton Associates. I'm the engineer of record for the project. Um before diving into our presentation, I want to go ahead and kind of answer some of the questions that you guys uh had so far
tonight. Um as it relates to Oh, thank you. as it uh relates to traffic. Um we have had numerous uh meetings with the city of Sebastian, the city manager, their uh
lead engineer um work through any concerns that they may have. We actually have an approved rightaway permit um with the city of Sebastian, so they're very comfortable with what we're proposing. A couple things that that were asked of the city uh that we did
over and above what was required in our traffic study is there's an existing left turn lane at Schuman and Barber. We're actually going to expand the queuing length for them so that more cars can can make that left turn lane and then we're going to mill um the
existing roadway at the crosswalk there at Schuman and Barber. Mill that all the way down to our entrance. uh repave it so that when you see our left turn lane and our entrance, it will be a brand new roadway section or look like a brand new roadway. We're going to put new asphalt
on top of it up to Barber Street. Um so I hope that helps. It does uh as as it relates to drainage, fully aware of, you know, the complications with drainage and a in a 10-ft section, especially as it relates to the Florida
building code when you have to step down from the foundation and then the county's minimum 1% slope. So, uh we have worked through all of that and we'll be submitting our our land development permit. And nowadays, when we go through the county with a land development permit, it's not the old
days of a couple spot grades. It's essentially a grading plan for every lot um throughout the subdivision. So um >> so that doesn't have to go through each lot being individually designed by an engineer and approved by the county.
>> So we will have the master plan. I believe the county's policy still is that the the surveyor and through maybe a third-party engineer will also have to provide a grading plan for the individual lots, but they go off of our
plan as a basis. Where I find there's changes is 2/10 or a tenth in the sidewalk when it gets installed, when the roadway is installed. And so they're really just tweaking the grades that we we set. It's not a full redesign or anything like
that. >> And Ryan, you're okay with that? >> That sounds good. >> I have one really quick question for you, Wesley. And um I do see and the only reason why I'm asking this because I know that this is probably going to come up uh
as a a concern. I know we have another individual subdivision that's kind of similarly situated elsewhere in the county, different street. I think it's off of 65th or something. and there's an emergency access kind of coming in like this. Is there going to be any restrictions in the covenants saying that that is specifically for emergency
access or is it going to be gated off? Um I'm just thinking after it's out of y'all's hands in the future that that's kind of there to prevent them from using that as a future access because we currently have had that issue in the past six months probably with another subdivision where they started using the
emergency access as like an actual entrance. And so I just want to make sure that we avoid that in the future. So I always try to be preventative instead of um >> reactive if you will. Yes. >> Yeah. So the intent is that it would be fully an emergency access. In the past
we've put sign because it look will look gran won't look like an entrance. So we'll put two signs on either side of the the 20 foot section for the fire truck to get in and it will say emergency access only. Um we could look
into ga gating it. Um the subdivision will be gated. Um and um well we'll have we'll have fencing. So yes, we we will gate it. >> Okay. It was just just a concern because I don't want to have to worry about that in another little while once you guys are done with it and then that becomes
an issue. >> Do do you have a preference of what the county would like? >> I can honestly say at least if it was just uh grass, I mean people can still drive through then they probably will. I think of I mean I think one of our commissioners gave the best example the other day was you know it's like water
traffic will take the path of least existence if they think they can drive through they probably will. So if there could be a gate it would probably be best practices to have a gate with like a padlock that the emergency services can get in and out of when they need to. >> No problem. We can incorporate if that's
not already in the plans. I know we have a a gate but we can look at that and and we'll make sure that's included in our LDP. >> Thank you. Y Any other questions? >> Great. Thank you, Mr. Mills. Appreciate that.
>> I guess we probably need a motion on this then, don't we? >> I'm sorry. I believe he has a presentation. >> Oh, yeah. >> I have a presentation, but if you guys don't want to hear it, I'm happy to not give it, too. >> This was supposed to be simple. >> Okay, go ahead.
>> I'm happy to keep it simple. That's >> so I just want to introduce you to to the project team. The applicant is the Concordia group. Uh they've developed um and they have other communities uh within the county. Um this is their second project. Uh very similar to
Laurel Cove. It's another project just west of uh 95 off 98th Avenue. Uh my firm is the land planning engineering firm for the project. We have uh Jay Morton which is the landscape architect um in Meridian um is our surveying
company for the project. I think you guys are familiar on on where the site is based on Brandon's presentation. So of pass through that and the configuration of of the site. Uh just before I get into the the
details of the project itself, I want to kind of share some background with you guys because I think it's important to how we we developed this site. Um there was a previous applicant on this project. Um and they submitted a site
plan to the county and really took no attention to the existing conditions of the site. And when we met with staff and we looked at those preapp comments, um it was obvious that that plan really wasn't supported by county staff and there were environmental elements of the
project, some native trees and and habitat and vegetation and things like that. So we actually started with this project a little differently is we went ahead and got environmental assessments. We got a tree survey. We had our arborist out on site and before we
really even laid out a site plan, we met with staff to talk about these components and really that was the foundation of how we built this subdivision or or developed it. That was kind of the the base. And then throughout that, even before we got to a formal application, we prepared that
site plan. We met with staff and there were components that we were not required to do, but staff really wanted to see some communities within the county start kind of implementing some of these new practices. Um, and we did that without without um having to do
that. And I'll go into more details in my presentation of what those components are, but that was really the jumping off point for this subdivision. And and you'll notice there's a lot of open space in our site, much more than what's required. And I just wanted to share some of that background with you guys.
So, as as far as the overall site area, it's about 51 acres. Um, we're required to preserve uh 2.88 acres of preservation area. We're preserving 3.65 acres. Um and that that native
preservation area will be delineated with fencing and signage so that the residents will know that that area is intended to be native conservation area. The open space for the site is 65%
um I believe the code's at 40%. So we we well exceed that. Uh like Brandon mentioned in his presentation we have 65 single 165 single family lots. Um, and we think that the floor area of those buildings will be about 1,500 um to 2600
square feet. Some of the amenities that we built into the project were dog parks. We have uh picnic areas. We have walking trails. And with the walking trails, we tried to really amenitize them so that they looped through a lot of the green space. and they have parks
and benches and they can actually be used rather than just paths going through nowhere to deadends and aren't really usable. Um, and then we also have an amenity center uh in this site where our mail kiosk and parking will have a
pool cabana uh a cabana and a pool uh for the residents. Some of the buffers we we already went through. Uh but one of those components that we incorporated into this site that uh the environmental uh or natural
resources department for the county requested um if if we could see if we could build it in was was rain gardens. and and that really worked well with this development because rain gardens are essentially dry retention ponds that are heavily landscaped and and vegetated
with with native plantings and things like that. So, they serve the function of they just make the subdivision look nicer and and more robust in the land landscaping package, but it also provides additional treatment for the
storm water system. Um, so what happens is our storm water system first routes through those rain gardens and will stage up to a certain point and in a heavy rain event it would stage above the rain gardens and then flow into the wet pond. Um, so it's kind of a
unique concept. I don't know that there's there's been a whole lot of subdivisions in the county that have incorporated this and and so uh I know the county staff is really pleased with it. We're very pleased with with the way this turned out. uh the rightaway improvements. Um I think we talked about
that as far as uh along Schuman Drive. The one thing that wasn't mentioned that was also an ask of the city was the uh 5-ft sidewalk. They wanted our subdivision to connect to the intersection um at Barber and Schuman. So, uh, we're extending our sidewalk
south of our project so that some later date when the state gets done with with their improvements at, uh, 510 that they would connect a sidewalk to us and then there would be our sidewalk that we build would connect all the way up to Barber Street um, along Schuman.
This is an overall site plan. I'll just start at the top of the sheet or really the northwest uh quadrant of the subdivision. We have our main entrance. It will be uh gated. Um and then as you come through into the subdivision,
you'll have your amenity center, your male kiosk, your community pool. We'll have a a large uh wet retention pond. And then you'll see throughout the site, we really tried to scatter pocket parks and spread around some of the uh native
preservation areas and and um and then we have a series of wet retention ponds that are within the community. And then we have three rain garden locations. the larger one kind of center of the site where where uh you have a looped roadway
system. And then we have two smaller rain gardens along that finger that kind of takes you out to the left side of the sheet uh where the the larger native preservation area is. And and again, all of our green spaces are interconnected with walking paths and and truly
function like like they should. Uh we have that emergency access at at the uh east side of our our project. Um, we talked about how we'll gate that and then our our buffers around around the site. Uh, with our landscape buffers,
we really tried to avoid just riding the county a big check for for tree mitigation. Um, so most of our mitigation came in upsizing of landscaping that we're going to be planting and additional landscaping. And
I know that's not normally the preferred method for a developer. They like to write the check. that's kind of the cheapest option. Um, so for this site, we actually have a very um a very minimal amount of of mitigation that we're going to actually write a a check uh to the county for.
Just this is a just the standard landscape uh buffer section. We'll have a series of we'll have a burm, we'll have hedges, we'll have canopy trees, we'll have understory trees to really kind of screen the site um and and have that opaque feature that the county
looks for. Again, just just another section along the west side. Uh with that, I'm happy to answer any further questions you guys may have. >> One quick question. The main rain garden, the other ones are easy to see after you discuss, but how does that one
flow? Does that does that go to a um like a sewer drain under the road to that when it overflows? >> Yeah. So the rain gardens as far as just the rain the three rain gardens those are interconnected with pipes and
they're not tied to the wet retention system >> and then what happens is that system spills over. And so the only connection between the rain gardens and the wet pond is a weir system that allows the water to overflow. So that the rain
gardens almost work like bathtubs until some capacity. >> I had a question mark. >> Um your square foot estimates 1500 to 2500. Um is that uh gross or is that uh
under air? that that's an estimate of of under air and there's to be a single story there two story >> with the 35 foot lot width >> uh are we talking a minimum of two stories
>> so so we have 30 foot lots we have 30 we have a handful of 35 foot lots and then we have um it's almost almost half maybe of 30s and 40 foot lots so a 40 foot lot really is a 40 foot product So that's
like a 60 foot lot. It would be equivalent to if you had a 60 foot lot. Um because the 40 foot is the width of the uh the residence. >> Well, I thought we determined that there was
equivalent of a five foot setback. So that would be 50 ft. >> So >> isn't >> the the set there's not really setbacks here. We are just they're essentially okay. >> Yep. But what I'm saying is is the 40 foot product. This is a unique platted
oversight plan, but if you were to take a 40 foot product in a standard subdivision, it would really be on a 60 foot lot. So you got to think of if you had a 60 foot lot, could you build a 2500 foot house? Yeah, of course you could.
>> And on one on one story or >> there's an option for two stories. No, there there'll be a mixture of one single story and two story, >> but no more than two. >> No more than two. Correct. >> Jordan, >> I'm good.
>> John, I'm good. >> Robert, >> I'm good. >> Chip, >> questions, please. >> Um, >> microphone. >> Um, how many 30 foot lots, 35 to 40 foot lots? What's the breakdown?
So we have 80 units that are 30 feet. We have 23 units that are 35 ft and we have 62 units that are 40T. >> So predominantly it's the 30 foot wide lots.
>> Well, I would say half is probably 30 feet and half is 35 and 40 ft. >> Okay. Okay. And then the two stories, do we have any limitation as far as building the two stories next to each other? Because I know that used to be an issue for fire reasons back in some of these subdivisions in
0405. >> Mr. Chair, Chip, not not in a plat site plan configuration. No, that would be a PD. >> Yeah, that that would be a PD. And I think the the fire stuff I think that's more with the building department as I think
>> not necessarily a planning issue. >> I'm wondering you know what we do have a say so in or not have a say? >> Nothing. Um the I mean you've got a nice project here but I mean I have a major issue with
access to the property or mainly eress to the property because um knowing some of the neighborhoods that have been around for a while uh where it is strictly u you know a um right turn only they don't do it they just go out and turn left anyways. Chip,
I think that's Sebastian. So, we have no say so. Is that correct, Brandon? >> That would be correct. >> So, you you can have problems all you want. I don't mean to be ugly. >> No, that's fine. I'm just That's Sebastian. >> It's a concern and city special deal with it as well. >> For for what it's worth, um, we did
submit a a traffic study to the county as well, and the county did review that along with the city. So, really both municipalities looked at our traffic report and approved approved it. um based on the improvements that we were proposing.
>> Wesley, could you toggle to just the the layout of the property? Um it's it's clearly a fairly unique layout and the only frontage on again on Schuman is just that few hundred feet.
64th Avenue is a is a substandard road in a historic subdivision. Not historic, but you know, an older established subdivision. So trying to provide a full access through through that and ultimately you know 64th eventually is the access to the west the webasa
cemetery. So you know we also have a code provision that you know that roadway function is not appropriate for a driveway of this scale. So their hands are a little bit tied in what the property offers them. Well, I'm here and our hands are tied uh as well
and we're looking at 30 foot and 35 foot wide lots and 40 foot wide lots which are high density. >> I understand why, but there's nothing to do about it. It's applied oversight. >> Correct. >> I I don't know if you necessarily say it's high density. They're coming in at 3.48 units an acre.
>> It is RM6, correct? >> The RM6 is what allows you to do the sight over sight plan. Uh site over or plat over sight plan, right? We we could do 284 units here, >> but because we preserved all the >> kept the open space, preserved trees,
that's how we we ended up with the 165. >> Yeah, Mr. Chair and Mr. Roto. Um, yeah, precisely. So, the only way you can do plat site plan is with that multif family zoning because again, if you really think about it, they could elect not to plat effectively this is what I would call a detached multif family development. But Wesley's right. They
could do multif family, three-story, you know, apartments and hit that number and then I'm sure the traffic would be considerably more. So, um, but it is a single family product and it is at 3.48 units. So, we tell folks all the time in
conventional RS3 we typically yield about two units per acre. RS6, we typically get to four >> if you're lucky. >> They're not even there. And it's not and it's not even a conventional. So, thank you, >> Chip. You're good.
>> If you go back to the last the last uh Yeah, that one. I I want to commend you on showing us. I'm glad I let you do this and into your project because this this is really unique in what you've
done and having s having sat through a lot of not necessarily these but different types of zonings. I like what you've done here with what you had to work with. And believe you me, Chip, you know, I don't like these.
I'm not gonna go down that road. I I really appreciate what you've done with this. I do. Any other questions? >> Thank you. >> All right, commissioners. >> Need a motion. >> I'll make a motion to approve. >> Have a motion and a second. >> I'll second.
>> There's a second. All in favor? I >> I. Those opposed. >> Passes unanimously. Thank you. Okay. >> Moving on to public items. Item number six,
this is Hires resoning. Hires properties LLC's request to reszone approximately 18.08 acres from a A1 agriculture district to RS3 residential single family district. This is quasi judicial
any declaration of expport. >> Can you all make a clean and clear vote? Okay. >> Uh staff, >> sorry, we were a little
>> for this one. We do have to swear them in. Yeah. Because this one is a public hearing. So >> those who wish to speak, please stand and be sworn in. >> Thank you. >> Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? Good evening, chair and fellow
commission members. Um, today we have a reasonzoning from the applicant Hires Property LLC. The reasonzoning request is from A1 Agriculture District to RS3 Single Family Residential. The 18.08 08 acre site lies within the
urban service boundary on the south side of 8th Street approximately 4 miles east of 58th Avenue with an L1 lowdensity residential future land use designation and an A1 zoning. Now this property may
look familiar um earlier this year under a different applicant it did go to PCC under a PD which got denied and then uh which happened in May. Um and then in the July BC that appeal was upheld. Um
they were seeking a higher density than this one. And so the applicant's intent with this reszoning is to um pursue RS3 zoning to create a low density single family uh subdivision. Um, and so here's
the development pattern and zoning history background on it is that the parcels um that the applicant is applying to be reszone have been A1 since the adoption of the county's 1975 and 1985 zoning atlas and have been historically used for single family
residential purposes. Over the past 50 years, development along Ath Street has transitioned from agricultural uses, predominantly lowdensity single family neighborhoods, consistent with the L1 land use designation. To the north along Eth
Street are four A1 zone single family parcels created in the 1970s, including a 1.5 acre A1 parcel embedded in the subject site. You can kind of see it in the north part of the subject site. um that parcel does share access with the
um subject site that is being reszoned. Um all these parcels are legally non-conforming due to lot size and are not part of this application. across A Street to the north are RS3 zone developments including Laurel Oaks which was plotted in 1990, Glendale Glendale
Elementary School uh to the northeast right across the street which was created in 1987. Lendell Lakes uh right next to elementary school farther northeast which was plotted in 1989 and Hampton Park Pey um created just recently in 2022 and currently being uh
under construction to the north uh west of the subject property. To the east and southeast are additional RS3 subdivisions such as Herren's Crest Plat in 2001, Indian Oaks Platinum 2001 and other large lot single family homes. To
the west are A1 parcels with pasture land and single family homes. The subject site is uh surrounded entirely by residential uses and there are no adjacent commercial or industrial zones ensuring consistency with the locationational criteria outlined within
policy 1.43 of the comprehensive plan existing versus proposed zoning. Um the current zoning A1 is considered low density residential at one dwelling unit per 5 acres. The proposed zoning RS3 single family residential zoning allows
up to three units an acre suited for residential infield development within the urban service area. The zoning and flu consistency per table 2.14 of the county's comprehensive plan A1 zoning is not permitted under the property's L1 future land use designation. However,
RS3 is an appropriate implementing district for the L1 designation and would bring the parcels into conformity with the county's plan. On the right, you can see a table in which outlines the differences between the A1's minimum standards and the RS3 minimum standards.
Following an analysis per chapter 902.12, uh, subsection 3, items A through K, item A, staff found no conflicts with the applicable land development regulations for the requested RS3 zoning. RS3 is an appropriate zoning
district for the parcel's L1 future land use designation. Item B, the proposed resoning is consistent with all elements of the comprehensive plan aligning with policies 4.1, 2.2, 1.1, 1.12, and 1.43.
Item C, the subject site is currently undeveloped and the proposed RS3 zoning would not cause any conflicts. No land use amendment change is required for this request since RS3 is consistent with the L1 designation and falls within the urban service boundary. The applicant's request brings the zoning in
conformity with the future land use of L1. Items D through K. Staff identified no inconsistencies with these standards of review specifically as it relates to the county's thoroughfare plan, roadway LOS, environmental conditions, public services, natural resources compatibility, or compliance with county
plans. All resoning review criteria A through K have been satisfied. Conclusion and recommendation. The requested RS3 zoning district is compatible with the surrounding area, consistent with the goals, objectives, and policies of the county's adopted comprehensive plan, consistent with the
county's land development regulations deemed suitable for sub for the subject property and supported by staff. Staff recommends that the planning and zoning commission recommend that the board of county commissioners approve this request to resone the subject property from A1 to RS3. Thank you.
>> Thank you, Lawrence. Commissioners, any questions? Chip. >> Uh the only question I had is it mentioned >> the only question I had is thank you is uh they mentioned about the shared driveway. >> Yes. Correct. So >> we'll see that on the site plan. >> Yes. >> Okay.
>> Robert seems to be >> okay. >> Mark. Okay. Good. At this point in time we'll uh open up for public. Anyone in the public like to speak? Seeing none, we'll close the public
hearing. Motion to approve. >> Second. >> All in favor say I. I. >> Those opposed. >> Same side. Pastor Jennis. Thank you. Moving on to item number 6B.
This is Bluewater Bay PD modification. Dr. Hortons Incorporated's request for conceptual plan development plan modification for Bluewater Bay PD. This is Quasai Judicial. Uh any declarations of expartai?
>> Can you all make a clear and conscious vote on this? >> Yes, sir. >> Thank you. We do need to swear those in that may wish to speak on this. So plan, please stand at this time. Do you swear or affirm to tell the
truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. >> Brandon. >> All right. Before I begin, u just want to make a note that this is a conceptual PD modification for just the public benefits. Um due to a reason that I'll
get into in the uh presentation. We're not talking about setbacks tonight or lot coverage or anything else but the public benefits for this project. All right. So, with that, uh, good evening, chair, members of the board. Before you today is the Blue Water Bay conceptual PD modification.
The project is located north of 85th Street and east of 90th Avenue. Um, I'd also like to take special notes that uh these roadways are, I believe, under DOT jurisdiction now or will be if they are not. Um, so the county is in the process
of transferring all of those rights of way to the uh Florida State DOT. So the history for the project, um, February 15th, 2005, the board of county commissioners granted PD special exception and conceptual PD plan approval for the Blue Water Bay plan
development. The preliminary PD plan and plat approval was also granted at that time. Um, under this um, approval, they had 379 residential unit lots on 141.97 acres of property. That accounts for a
density of 2.67 units to the acre. The development can commence construction but was not completed and the preliminary PD approval expired while the conceptual PD and special exception approval remains valid. So after tonight, should you forward a a recommend or any recommendation, it will
go to the board of county commissioners and they will either approve or deny the conceptual, uh if everything is approved, then the preliminary PD plan will eventually come back to this board and it'll stop at this board if you approve it. And then if it's denied,
then it can be appealed to the uh board of county commissioners. So, the request tonight is the applicants are seeking a modification to the approved public benefits along with an additional ingress and egress driveway connection to 85th Street at the southern portion of the property.
And this is going to actually connect or allow connection to a driveway across the road uh to Treasure Coast Elementary. So the reason for this request, a recent lawsuit has shifted access rights to the lateral decanal to a new land owner who is denying access and will not allow the
required Bluewater Bay PD bridge to be built over their air rights. So for the PD public benefits, I'll just kind of go over kind of what's been completed, what's partially completed, and then what still needs to be um accomplished. So for number one um
county road 510 rightaway dedications for future roadway alignment that was completed in the past uh storm water retention and anulment for uh county road 510 rightaway dedication and alignment it's in permitting and construction has been completed a 30-foot rideway dedication for future
86th Avenue has been completed. Uh the bridge designed to cross lateral D was partially completed and the applicant will be transferring those plans over to the county should um there ever be a need to put the bridge over the lateral
decanal and maybe we're some somewhere down the line we're able to kind of mitigate for that because there's actually another property to the north of this that also is going to rely on access for that uh bridge crossover that is in the city of Sebastian. Um, so on to the stuff that kind of
still needs to be completed. Uh, intersection improvements at uh, County Road 510 and 86th Avenue would include a traffic signal. Uh, foundations and mast arm design includes accommodation for future uh, FDOT CR510 alignment and intersection improvements, an eastbound
left and westbound right turn lanes at CR510 and 86th Avenue. uh a pedestrian connection to Treasure Coast Elementary School and uh cost participation uh based on proportionate fair share for intersection improvements at the crossroads of County Road 510 and 66th
Avenue. This will include a northbound dual turn lane, a westbound right turn lane, and optimized cycle length. So, this is just uh to give you an idea of what the currently approved uh conceptual plan looks like. So you see that it does have the bridge crossover
to the north here of the lateral decanal. Um and then the proposed basically just takes this crossover off. And then we now have this uh new connection of the southern portion of the development uh connecting across 510 to that driveway
at Treasure Coast Elementary. Uh staff recommends that the plan and zoning commission recommend to the board of county commissioners to grant final approval for the changes of the proposed to the conceptual PD plan for the Bluewater Bay PD. Really, we're just here tonight to determine
are we accepting of the bridge crossing being taken off as a public benefit due to the legal challenge that the applicant can no longer fulfill and are we okay with the list of public benefits that they've provided right here? >> Thank you, Brandon. Just for grins and
giggles, I happen to be chairman of the board of county commission in 2005 when this was approved. So, it's kind of fitting to be chairman tonight for this thing. Uh, commissioners, any questions for staff? >> Yeah. Um, just the the the bridge no
longer being I mean, who is the entity that's now decided they don't want to allow that? >> I believe it is the Corgans. So this I believe it was the Sebastian River Improvement District had ownership over this canal at one point. Somehow they got sued by the Corgan family and
the Corgan family won the rights to this canal >> or in a different way. The Corgans apparently owned it the whole time assumed they owned it, but a judge ruled that the Corgans do in fact own the lateral D at least that segment. >> Yeah.
So, the exit will be on 510 and uh is there a light there? >> Correct. Yeah, there's a I believe it's flashing right now, >> I think. Yeah, >> but it will be a full signal when >> So, can I clarify? Sorry. The exit's going to be 510 and 68th, right? And then so the pedestrian tract is the
thing that's in tract V. >> No, that that is there. There will be two two full driveway connections to what is currently county road 510, soon to be State Road 510. So there will be a s a connection to the existing signalized intersection at Treasury Coast and then a separate signalized
intersection at 86th Avenue which is further to the east. >> Oh, so that is going to be a a connection not a >> that's Yeah, both both full driveway connections. >> Yeah, that was always there except I believe it was not a signalized intersection. Now it will be a signalized. >> What's happening to the 89th Street?
>> It's it can't it can't exist as >> I just want to Right. >> Right. We do. Sorry, Mr. Chair. And again, for the record, Ryan Sweeney, assistant plan development service director. Um, this this project did dedicate 30 feet of rightway 489th Street when at the time they thought
they were going to be connecting via bridge. Um, and Brandon mentioned there is the property that's to the north is now in the city of Sebastian uh, in its entirety. Um, so ultimately, if they can ever work out a bridge connection, they would have to make up that additional rideway difference. But right now the
this project hands are tied so to speak. >> Thank you. >> Thank you. >> Um I'm sorry. >> I'm good. Robert, >> this has been an issue for this property for a very very long time and uh I'm sort of glad to see it in front of us today.
>> I had hair when it started. >> The the um the pedestrian access to the school that's just paint on the on across 510 all the way across. It's not like a overhead walkway since this speaks to four lane and all that stuff. But my question really is why is it on
the east side of that drive going instead of on the west side now you've got kids and crossing two two streets of traffic. You see what I'm saying? Because once they get down there at Treasure Crow, they're where the cars
are coming out. They're crossing in that traffic going in. >> But Mr. Mr. Chair, the applicant's representative is here and can probably better answer that and any other questions. >> That'd be good. >> Thank you. >> Thank you. Okay. >> Jordan or you want to wait? Okay.
>> Yeah. Go ahead. If we can have your name and address. Thank you. >> Good evening. My name is Anna Saunders with BC Consultants um LJA. The reason the uh the crosswalk is located where it is, there's an existing crosswalk in that area and so we were making the alignment uh consistent with what's in
that spot and that's consistent with the DOT plans, their future widening plans. >> Okay. Thank you. >> And the other thing I wanted to just clarify that secondary access at the school is an emergency access and pedestrian access only for us. The signalized intersection is going to be at the intersection of 86 and 510.
the uh flashing signal will remain but we will not be creating a full vehicular movement there. It's and that traffic report that study has been uh reviewed by York County staff and approved. Uh it's currently in at DOT there as uh Brandon mentioned there has been a uh a
changing of the guard with that section of roadway. So, we had already been coordinating with both Indian River County and uh DOT knowing that that transition was coming and we're working with DOT specifically right now to transfer all of our our permitting requirements um over to them and and be able to start that process.
>> Excellent. >> May I ask a question? >> Yes, ma'am. >> Miss Saunders, I just want to clarify. So, that's not going to be a full access then across the street from the school. It's just an emergency access. >> That's correct. >> Okay. Is that similar to that question I asked earlier? If it's an emergency access, is it going to be gated so that
members from the community cannot Okay. >> Yeah, that's correct. So, it'll be >> similar question. Sorry. Thank you. >> So, it'll be uh situated with the, you know, the knockbox, the whooping system, the siren type gate, whatever the uh fire department is. >> Thank you. >> requires and approves. Yes, ma'am.
>> Excellent. Jordan, any questions? Mark? No. >> Okay. Anyone else from the public like to speak? Seeing none, we'll close the public hearing. Commissioners need a motion. I'll make a motion to approve. Have a
motion. Is there a second? >> Second. >> Second. All in favor say I. >> I. Those opposed, same sign. Passes unanimous. Thank you. >> Thank you. >> Okay. Moving on to number six, item C. This is food trucks ordinance.
Consideration of staff initiated land development regulations. Amendments to create allowances and regulations for mobile food dispensing vehicles, food trucks. Staff Brandon. >> Thank you, chair, members of the board. Before you today is the land development
regulations for amendments to introduce mobile food dispensing vehicles or food truck regulations within unincorporated Indian River County. And we're going to kind of use the moniker tonight of mobile food dispensing vehicles because that's the nomenclature that's used in state statute.
So for the LDR amendment process, this is legislative in nature. It requires a public hearing by the PCC with a recommendation to the BCC with a final public hearing by the BCC and which is anticipated to go to the last BCC meeting in January should this move
forward with a recommendation of approval. So a little background and analysis. Uh, so the county LDRs currently have no regulations on mobile food dispensing vehicles and are therefore considered prohibited across the board with the following exceptions. They may be approved through a temporary use permit
at a special event and they may be operated at the Gford Farmers Market. In 2020 and 2023, respectively, the state of Florida adopted certain statutes that preempt local governments from imposing their own licensing or fees. Local governments maintain the ability to
regulate food trucks with respect to location or zoning district, hours of operation, site compatibility, and aesthetic standards. On July 15th, 2025, the board of county commissioners directed staff to prepare a set of staff initiated regulations.
Staff gathered and analyzed input from that commission meeting and prepared the regulation based on the input from that meeting and from the requirements of section 509.12 of Florida statutes which governs mobile food dispensing vehicles. Based on the
definition of mobile food dispensing vehicles contained within section 509.102 of Florida statutes, staff prepared the following definition to insert in section 901.03 of our county LDRs. That de that definition is as follows. Mobile food dispensing vehicles
or food trucks shall mean any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and which includes self-contained utilities including but not limited to gas, water, electricity or liquid waste
disposal consistent with the definition provided in section 509.102 of Florida statutes and this definition is verbatim from that statute. a little uh little LDR highlights. Uh so for state preeemption and compliance, as
I said, it's regulated under section 509.102 of Florida statutes. Uh food trucks shall maintain a valid state license under chapter 509 Florida statutes. They shall comply with state health, sanitation, and food handling requirements. The county, which is us,
cannot require a separate county issued business tax receipt, license, registration, food service permit, or fees specific to mobile food dispensing. Local regulations shall be limited to zoning, public safety, traffic, and location standards consistent with state
preeemptions. for location and zoning. We there was a large discussion at the board of county commission meeting about where the commission wanted to see mobile food vetting. it was landed that uh the commission would like to see them in CH
which is commercial heavy IL which is light industrial IG which is general industrial and within commercial PD zoning districts like you would see with the Sam's Club and Walmart commercial PD placement may not obstruct public sidewalks roadways which are public or
private required building access driveways drive vials loading area or fire lanes operate within 10 ft of any building entrance or 20 ft of any intersection or traffic control device without prior authorization by the county or operate on an unimproved or
unpaved surface unless it's part of a special event. So, kind of think like uh the county fair or the firefighters fair. Hours of operation. Uh the county commission was very adamant that they wanted it to operate from 7:00 a.m. to 9:00 p.m. unless it was approved through
a special event. And um the county commission was also adamant that they did not want uh these mobile food dispensing units to remain overnight on any property and that the uh food truck shall vacate the premise at 10:30 p.m. unless approved through a special event.
Uh for waste management, they shall provide self-contained refuge and liquid waste storage. Uh waste shall not be discharged onto the ground, into storm water drains, or into any water bodies. All litter and debris shall be removed before vacating the area. As far as
utilities, all powers connections uh shall be self-contained and plugged into an approved power source, meeting county building and fire codes. Generators, which would typically be quiet generators, shall not create excess noise or fumes. Parking and access shall not occupy
required parking spaces for the property's principal use unless approved through a special event. So, for instance, if Walmart's required to have, we'll just say 100 parking spaces, um the food truck would not be able to take over any of those 100 parking spaces
that are required, but if they had 200 parking spaces, which would be 100 in excess, then the food truck could be located on any of those parking spaces as long as they don't um deviate from what's approved. Uh for signage um they shall be affixed to the
vehicle and no more than one freestanding a sign uh shall be allowed. Uh we're also going to prohibit inflatable or flashing signs. As far as furniture is concerned, no tables, chairs or tents allowed unless part of an approved special event where those
items are allowed. Vehicle credentials. uh the respective state uh um department of business and professional regulation license as well as any fire and health department inspection report shall be promptly displayed. This is an important one. Um the mobile
food dispensing vehicle must have written consent from the property owner and must be presented if um requested to by any county official. And then for special events and coordination, they shall conform to all event specific conditions imposed by the county and/or
applicable fire, law enforcement, or emergency management agencies. Staff recommends that the PCC recommend that the BCC adopt the proposed LDR amendments to institute mobile vehicle dispensing vehicle regulations within uninorporated Indian River County. I'm available for any questions you may
have. Brandon, one question I have is I guess North County and South County parks, what are the zonings of the softball fields there? Are they heavy? I I don't know. But we have food trucks out there. So, I'm just saying I I want to make sure that this >> Those would be through special event. >> Yeah. Yep.
>> Got it. Okay. Thank you. Uh commissioners, any questions? Chip? >> Um Yeah. One question I have is uh the requirement that they have to be relocated every night, but if it's a three-day event, why are we making a move at every night?
>> Those would also be exempted on special. Okay. >> On that, um and then see the rest of my notes here. >> Uh you mentioned that it has to be approved um by the owner of the property, but if it's a long-term tenant
on the property, is that not going to be sufficient? I I believe the text actually says or or agent. >> Okay. And I wasn't assuming an agent because >> or authorized agent >> or Okay. >> Yeah. We have a more expansive language in the actual um ordinance that's going
to go through, but this is just kind of a generality. >> Does the city beach have anything regarding this? >> They have their own regulations that have been adopted. >> Right. I've noticed something on one of the locations there that it's per pretty
much permanent. Um the city >> shooting a zing at the city. >> Pardon? >> You shooting a zing at the city? >> I'm questioning I'm asking what their rules were. >> You got No, no, no, no, no. Uhuh. Don't Don't put me in there. Um and then I'm
sorry. Just checking here for anything else. >> Trying to get you all focused. >> I know. I know. Um, oh, that's it. >> Robert, >> no, I I'm, you know, I read most of this stuff and I read pretty carefully in here and and I'm not seeing anything
that has a potential to be an unforeseen uh result that we always need to worry about when we're changing our LDRs, unintentional results. Um, I didn't come up with anything personally, but I'd like to know if other members saw anything like that.
>> So, Looks fine to me. Jordan, >> Mark, >> couple questions. Said they couldn't uh uh cause the food trucks to be licensed. Does that exempt them from the 45 or
whatever food service uh business tax or is that not a license? Um, I guess used to be an occupational license, but now it's >> we we cannot require a local business license. Now, the the operator more
likely than not is going to have a BTR, whether it be at a brick and mortar or a even a homeach. Um, so, but the food truck itself would not be a business tax license, if that makes sense. >> Okay. And, um, it says it must have
written consent and be prepared to present it to county officials. How do you define a county official? >> I wouldn't have a bad >> anybody who has enforcement authority, whether code enforcement, health department, law enforcement, enforcement capacity.
>> Yeah. Wouldn't wouldn't like any of your staff be a county official or >> uh I mean the code enforcement officers, director level folks, I mean an IT person doesn't get to just say, "Hey, I work for the county. I want to see your license." But it's and again it's it's more for enforcement. There is an enforcement section in the ordinance
that we didn't summarize um in the presentation, but that's where that would be. >> Okay. And I think my final question is uh I'm thinking uh there's like semi-permanent food trucks out in the Walmart parking lot. uh is this going to affect any them
or any uh any other existing locations that this kind of activity is taking place currently. >> So this this ordinance will have an effective date whether it be you sort of effective upon adoption or I I envision
whether it be a written into code six-month um grace period or just a sort of an unwritten six-month grace period. But I do, you know, the food trucks that are currently operating, they're going to a need to make sure they're in the right zoning district. They're going to have to obtain property owner authorization. They're going to have to
do a number of things. So, as far as the enforcement side, there's going to be some level of of roll in period. >> Well, between Sam's and Walmart, there's a pizza and spaghetti truck that seems like it's been there for years. And uh
are you going to ask it to move every night? >> That's correct. >> It's not a special event, >> right? All right. As is currently presented and and again that can be subject to change. Um the reason the reason for the removal the nightly removal is twofold. One the the first
word of this is mobile. So they're intended to be mobile. Without being mobile they tend to become permanent or semi-permanmanent. The second reason is any other approach no more than five days in a 10day period no more than 10 days in a 30-day becomes whack-a-ole for code enforcement. So,
>> remove it every night, come back tomorrow, and you know, I I understand it may be inconvenient for the operator, but the intention is for them to be mobile and to and and for there to be some opportunity for competition or or
sharing of spaces. >> And Mark, I'll tell you, um, because I'm early bird, if I drive by Walmart at four o'clock in the morning, they're not there. >> So, they do. >> So, they do move. >> They do move. >> Really? >> Wonder where they go. They're out of town owners.
>> Mobile. >> Okay. Ryan, I have a question for you if you would, sir. Um, would there be a standardized form for approval from the uh owner of the property? Something that that's not just a letter written on, you know, a piece of paper. Hopefully, the
the county would have a standardized form that uh could be checked by county staff. >> That's a great suggestion. And Susan, I certainly won't volunteer your office, but we can work together on coming up with something to that. >> Maybe something go on a website. Yeah. >> Yeah. That can be filled out so it's
uniform at least on that because, you know, I can just see somebody trying to hand you a piece of, you know, paper on the back of a menu or something that's signed by somebody. You know what I'm saying? >> We just have to be careful that it not be deemed a license or permit. It's it's it's a form that we're providing as a as
a courtesy, but not, you know, again, it's ultimately up to to them to >> Is this something you might want to have notorized or is it just going to be, hey, here's the signature of the owner, and we're going to say, okay, we recognize that. >> I in all honesty, the the owners, we can
look that up very quickly on Sunbiz. >> So, um, we can kind of see who's on there, who's signing, unless it's like a tenant. >> Right. Right. Keep it simple. I've also I've used the term before that that specific pro uh provision is self-p policing. If the owner doesn't want them
there, they're going to, you know, they have the right or so it does. It's, you know, it'd be unless they're out of, you know, out of town tenant or or out of town owner and somebody goes rogue. But more often than not, you know, that, like I said, that's a self-p policing type thing. But it's >> and my my concern, Ryan, was ease for
these food truck owners to if it's a standardized form they can just download, have the guy sign, then they're not trying to, you know, go, "How do I do this? How do I do this?" Um, so I, you know, I would like to see that as part of this that that there'd be a standardized form that they can do to make it easy for them.
>> Yes. >> Just real quick that Mark's stuff made me think of this. There was a section in something said they couldn't have any chairs or tables or anything un there was an exception unless >> unless part of a special event. >> So what about like for example uh the
food truck that pulls up at um um Home Depot, right? There's a picnic table there, right? So that is I don't know. >> Yeah, that's sort of a that is sort of a loophole. If the establishment already has chairs or tables for other reasons or other purposes, then in theory, you
know, I get the intent is for the the customer to go to the food truck, get the food, and then if they can utilize existing, you know, what Mark what he was saying about uh the other one I'm thinking of is the um uh the Garcia's taco truck in Felsmere. There's, you
know, it moves in and out of there and there's picnic tables on that site. >> Yeah, that's not the intent of this ordinance. >> City of That's City of Fels, though. >> Yeah. But that's okay. That's what I'm saying. You're not all of a sudden it's not going to cause a compliance thing where somebody's going to roll in there and say you can't have the tables,
right? >> Again, so if the site has if the site has tables or chairs for a different reason, >> then they could utilize those. But what the intention is not for the food truck to come up and set up their own shop and take up additional spaces and >> okay >> and those >> again the other thing is there's there's
intended to be sort of a turnover they're not we don't really want folks you know lunch hour all of a sudden there's 50 additional people on site >> right so so establishments like let's say you know walking brewery or or any other distilleries or something like that they've already got tables and chairs and they can say that these are
established for our customers to sit on their parking lot and they can and they'll be they'll be free to continue to do that it sounds like with this ordinance. Yes, >> also city of bureau. So, but but yes, I understand. But yes, if the establishment principal use wants to, you know, provide for that outside of
required parking and drive and things of that nature, then then yes, that's a dual purpose. But again, the food truck is not really the one to come up and provide those things. >> That's give you an idea, Robert, at North County and South County softball complex, they have food trucks there, and they also have the pavilions with the benches and things. So, it's
>> Yeah. Yeah. No, I get it. I'm >> Okay. Is that it? >> One more quick thing if you don't mind. Um, >> 10 seconds. >> Yeah. >> Fine. >> Okay. Uh, why are there I mean, how was this hearing publicized? Why is there
not one or all food truck operators at this public hearing? >> So, discussed BCC >> the I mean to to answer your question, Mr. Yeah. It's the the the legal the requirement for advertising is is is a
legal advertisement that there there was no notice by mail or anything of that nature. I will tell you in abundance of of uh what why am I blanking on transparency uh we are we do intend to put a notice of public hearing on the
first uh BCC agenda in January. So the board will read it into the record and announce it. We also um I can't guarantee this, but we intend to also put it on the website as well because there's currently a food truck memo on the website. Um so word will spread, but
again the the legal requirement is the public is the notice um in the paper. >> Ryan, didn't they talk about this at the BOCC at one point in time as well? >> Yeah. >> So they've they've been through this Mark. >> Yes. >> What about Yeah. What about the >> is not taking
uh the vast majority of food truck operators by surprise. >> Well, >> the only reason I mention that >> Yeah. >> Yeah. They have a set of rules to follow. Have Have we had any conversations uh while you guys are putting this together from the food truck operators?
>> We followed exactly what was presented to the board. Um we we went back in in July. um same zoning district, same hours of operations. Essentially everything that is in the ordinance, Brandon and I both rewatched the board meeting. So word for word, notion for
notion, nod for nod is what was was baked into the ordinance. >> This is a public hearing and we have a big crowd that wants to talk on this. U I I think that we don't need to swear anyone in because it's just staff and it's legislative. Correct, Susan?
>> Yeah. Yeah, it's legislative. So it's not quite Any other questions about food trucks? >> If not, let's have a motion. >> Motion to approve. >> Motion second. All in favor say I. >> I. Post. Same sign. Passing unanimously. Thank you. Moving under commissioner
matters. Any commissioner matters. Seeing none, planning matters. >> Uh yes, Mr. Chair. Two quick items. One, it's been this is our last meeting of the year. So, um this is another busy productive year. I anticipate a rather at least busy start to 2026. So, happy
holidays to everyone and hope you guys take the time to enjoy. And um unfortunately, we I do anticipate we will have the January 8th P&Z meeting which is the first sort of full week back for most folks. Um but we do have at least one item that we need to get to that meeting. Okay. Thank you.
Attorney's matters. Susan, >> I don't have anything at this time. Thank you. >> I like that. Well, this meeting is adjourned. Thank you all.