Planning and Zoning Board & Local Planning Agency - Regular Meeting

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Hey, honey. Board of County Commissioners acts as a quasi judicial body when adheres requests for resoning and conditional use permits. Applicants must provide competent, substantial evidence establishing facts or expert witness opinion testimony showing that the request meets the zoning code and comprehensive plan criteria. Opponents must also testify as to facts or provide expert testimony whether they like or dislike a request is not competent evidence. The board must then decide whether the evidence demonstrates consistency and compatibility with the comprehensive plan and the existing rules in the zoning ordinance, property adjacent to the property to be reszoned and the actual development of the surrounding area. The board cannot consider speculation, non-expert opinion testimony, or pull the audience by asking those in favor or opposed to stand up or raise their hands. If a commissioner has had communications regarding a resoning or conditional use permit request before the board, the commissioner must disclose the subject of the communication and the identity of the person, group, or entity with whom the communication took place before the board takes action on the request. Likewise, if a commissioner has made a site visit, inspection, or investigation, the commissioner must disclose that fact before the board takes action on the request. Each applicant is allowed a total of 15 minutes to present their request unless time is extended by majority vote of the board. The applicant may reserve any portion of the 15 minutes for rebuttal. Other speakers are allowed five minutes to speak. Speakers may not pass their time to someone else in order to give that person more time to speak. Okay. Thank you. Our invocation today will be delivered by uh the Reverend David Young from St. Paul's Lutheran Church.

Good evening. Heavenly Father, we gather today as leaders of Bvard County seeking guidance and wisdom. Grant us open minds willing to listen and consider diverse perspectives. May our discussions be productive, respectful, and focused on the well-being of our community. Help us prioritize the needs of our citizens, seeking solutions that promote unity, prosperity, and justice. May our decisions reflect compassion, integrity, and a commitment to serving the greater good here in our county. Guide us, O Lord, as we serve our community, and may our efforts bring positive outcomes for the greater good. Amen. Amen. Thank you, Reverend Young. The Pledge of Allegiance today will be led by Commissioner Felner. Please join me in the pledgece to the flag of the United States of America and to the stands. One nation, indivisible, and justice for all. Okay. Uh, we have no minutes and no resolutions. The first item on the agenda is the consent agenda. Is there anything that anyone wishes to remove from the consent? Do we have cards?

We do have one card. Oh, we do. And then we have the applicant. Okay. Gregory McClaski has a card. Do you wish to speak? I'm not sure if I've got the right timing of this or not. I couldn't tell from the right and pioneer or is this the one? Commissioner Felner.

Oh, sir, I I I think Morris could probably better answer that, but this is the findings of fact on uh the denials. The this these are findings for one that was denied at the last month's zoning meeting. Denied at the zoning meeting. Yes. At the zoning meeting, the last one was a tie and then it went to the commission and sent it back to the zoning. When I say the zoning meeting, I mean the commission zoning meeting, not the one that was sent back. This is not related to the one that was sent back. That's at Pioneer and Courtney. This is the other one in North Merit Island. Actually, there are two findings of facts on the agenda, but the North Merit Island one is the one that was heard by the board of county commissioners last month and denied.

Okay. Can you tell me when the other one is supposed to be scheduled back? Sure. Sure. It's the the next the next time that is heard is at the planning and zoning board which is an advisory board and that is going to be on March 16th at 300 p.m. and then it will come back to the it's expected to come back to the board of county commissioners at its April 2nd meeting at 5:00 pm. So, those are the two public hearings.

And I I do just want to point out for the board and the clerk that it was brought to my attention by attorney Rosena, who's coming up now, that on the strata item, item F2, the resolution of findings of fact, that there is a record submitted that apparently was cut off in the agenda packet. The record consists of in excess of 300 pages. Um, unfortunately the the portion attached to the agenda looks like it cut off at a p at page 126 or R 12 six I believe. Um, so we're going to provide the full version for the record for the clerk and we'll transmit that to attorney Rosena as well. I'm not sure what happened with the upload there. Can I ask a technical question real quick? Do we need to uh do a motion for Commissioner Goodson to participate by phone?

Yes, ma'am. I'm sorry. Okay. Yes, sir. All right. Um, Commissioner, is he there? Okay. All right. I'll make a motion for Commissioner. Okay. Motion, second for Commissioner Gen to participate by phone. All in favor say I. I. I. Motion carries. I did submit a card for F2. Yes, you did.

Okay. Thanks. Kim Rosena, Lacy Rosena, Melbourne, Florida, here on behalf of Strata Development and Miranda, the contract purchaser. Um, I don't have any comments regarding the statement of the case and the facts, actual final order, but I would like to ask you to postpone this until I can get a hold of the entire record. Uh, as mentioned, it I saw it cut off at page 124, 125, and it goes in excess of 300 pages. Additionally, I would ask that you put the adopted minutes, not the draft minutes for both North Merit Island PNZ and Board of County Commissioners. So, until those are finalized minutes, until I can see the whole order, I would ask you postpone adoption of this. Um, if not, I understand, but I I would like to have the actual minutes instead of draft minutes. Thank you. I have some concern about extending it because of our timeline in which to finally take action on a development permit application. But if attorney Roseno would state for the record that her applicant is waving any such requirements, then I, you know, wouldn't have any problem with staff bringing it back when the full record is attached. Now, as far as adopted minutes, that's not typical for what we do with findings of fact just because those tend to trail. But,

well, it's been a month. I would think they'd be adopted if if they haven't already. At least the other two ones, at least North Merid Island and PNZ, I would think, but if not, I yes, I I would wave any requirement of adoption of a development within a certain statutory time frame or ordinance time frame. Thank you. Okay, maybe we could get clarity from the clerk. Sorry. Uh, typically the the minutes or what, two months roughly. Um, are these the PNC minutes or the board of adjustment minutes? No, I think we're talking about the planning and zoning for the board of county.

Well, yeah, there are three sets. the North Merit Island Board and the Planning and Zoning Board which staff handles and then the board zoning meeting minutes which clerk of the board handles otherwise the board of adjustment minutes not board of I right but just for you just the board of county commissioner zoning meeting our staff does the planning and zoning and North Merit Island board minutes so it does take a couple months as you say to go through that process to have the minutes complete and once they're on the next agenda to be approved, then they'll be full. They'll be posted as a full set of agenda uh amendments adopted by the board.

And I'm going to just suggest the board, you know, for purposes of any appeal or anything like that. First of all, the applicant's responsible for having a transcript of the hearings, but generally for findings of fact and for the record, all we need is a verbatim transcript. It doesn't have to be adopted minutes, per se. Often minutes aren't even verbatim. They're speaking minutes. So actually a transcript is generally preferable for something like finding a fact. But okay, but I would stipulate to bringing this back next month based on the applicant's uh statement that they uh will wave any time frames just so that the entire record can be in the agenda packet. Not sure what happened there again.

So just to clarify what we're talk I'm sorry Mr. Chair. Uh so for consent we have F1. we could adopt that and then for F2 that we table that to the next month's zoning hearing. Is that is that what we're talking about? April 2nd. Yeah. April second. Um Mr. Chair, how would you like how would you like to do that? Uh first of all, let's go and pass the one item, the F1 since there's no opposition. Um, all those in favor Well, let's remove F2 off. We move F1. There's a motion for approval.

Is there a second? Second. All in favor signify by saying I. I. Okay, we moved F2. Why are we tableabling? I'm just want to clarify that. Because the record that was attached to the agenda somehow in the electronic upload apparently got cut off at page 126 and there a couple hundred more pages. We didn't realize it didn't make it into the packet. Um, so attorney Rosena has requested, she stated that she has no issue with the form of the findings of factor order, but she would like to see the rest of the record prior to our adoption. That seems fair, especially since she again has waved her out on behalf of the applicant. Any challenge based on timelines to Makes makes sense. Do we need a motion to table?

Please and thank you, sir. To the April 2nd meeting. I'll second motion and second to table to the April 2nd meeting. All in favor say I. I. Motion carries unanimously. I thank you. Okay. Public comments. Do we have any public comment cards? We have no cards. Uh new business. Excuse me, sir. I put comments. Com. We just had public comments. Yeah. Public comments. I put my card in. I say number G. This is number G. We have them on the second

item G. Public comments. There are two public comments. You can only speak at one. Mhm. Maybe you filled out for the second one. I did not. I said to number G for public comments. The first one is G. That's why item G. Okay. I did it on purpose, but I didn't do it by mistake. I think you wrote K, but I think you meant to say G. So, you can speak now if you like. Okay, my writing is a little not very good, sir. I'm sorry. That's a really neat looking K. It said G, sir. Uh, you can look at if you'd like. I think the Excuse me, sir. You can look at if you like.

I I I It looks like it's a K. It's a very good K. No sir, somebody scratched out my G and made a Oh, well there's G in the upper right in the back there. Well, let me let me see. Scratch out my G as you can see and put the K there. Do not know why he does that. We were looking here. Look at here. Excuse me, sir. See, we were looking at the K there. I was looking at that. But even my G was scratched out by that person in the back and he wrote K. Okay, that is well probably saw the K. That's his problem, not my problem. Yeah. Okay. But it is just for record that's We'll hear you. We'll hear you.

Okay. Okay. Uh as I wrote on there, I'm here to speak about the budget. I am very concerned about the ballooning budget of our county. Um it seemed it is not just it didn't start today. It started long time ago. Maybe it's been going on forever. But um I I stated at previous meetings uh the numbers. So this week or last week, I was watching your YouTube channel and I saw a video about the traffic management center groundbreaking ceremony. There were a few people. There was a lady, I didn't write down her name, tall lady blonde air and some a long acronym the organization that she um uh represented. Then there was Mr. um Mr. Refield. I think you were reading a a speech from Mr. Alman who wasn't there and then there was a Mr. Mark Bernoth uh who basically said what this building was for and the building is so there's a central located place where data people there's lot of corporate talk but basically all the video cameras that's all over our county will lead to this central place and that's why this is there and I was thinking wow it's a CIA of um this county and that um that chilled my spine to be honest but any case then uh Mr. John Tenninghoff came up. I believe he's the retired assistant county manager for a historical perspective and he said it started in 2003. So 2003 um the county was looking at the expansion of people moving into the county and more cars and stuff and you know you would think that you would buy build more roads and bridges and the county said no we're not going to do that because that's too expensive. What

we're going to do is we're going to make a um make a what do you call it? They said the intelligent traffic system and there's uh been lay there's been um uh fiber optic cables laid and cameras obviously put all over on the buses like I said last time and all that stuff and I'm thinking wow 23 years 23 years we're wasting money on these things and we could have built million roads and bridges and I I I just don't get that. It's it it it it it I I'm a simple man, but it makes it it makes no sense to me. Why do we do these things and every year the budget goes up 6 7 8 10 12%. Every year and I've been looking at all the different departments, everybody is as financially irresponsible as the next one. You can't even point the finger and say it's this one or that one. But I can't point the finger at you people up up here commissioners. You are here to represent me and all the people here. I don't know. Do you think they do you guys want more bridges or more cameras? I don't know. I think there would be more more bridges and roads. But I wonder if honestly wonder if you guys actually care about that. I know it sounds so harsh to say it and I don't want to be harsh. I want us to do better. I want us to be financially responsible like I have to be like everybody else have to be here. I'm sure at home you guys are responsible financially. How why can't we do it just on a bigger scale? Why don't we just for a few years say no

we're not going to increase the budget 140% in the last 10 years 140 if you adjust for inflation 117%. All while their population grow by 18 18%. I would ask you to consider please this year just say let's keep the budget where it is. Let's do it for one year. Let's get by with what we have. That's my suggestion. I That's all I have tonight. Thank you for your time. I appreciate it.

Thank you for your input. Okay, we'll move to item U H, public hearings, H1. Item H1 is Princeton Technology LLC request a conditional use of CUP for a four cop full liquor, beer, and wine license for on premises consumption accessory to a bar in a BU1 zoning classification under application 25Z 0044 located in district 1. Go ahead.

Hello. Thank you for listening to me. My name is Sachin Shenoi and uh I am the operator of this particular establishment. We are asking for a conditional permit uh related to our business only. We do have a full liquor license and we will comply with all regulations. The um zoning and planning commission has seen our plans and appropriately has given us uh permission to do so and we would like you to codify it. Thank you.

Thank you. We have no cards. Is there any discussion? I would like to um make a motion to approve with an additional condition that the CUP is acceptable um only to establishments operated by CNS Restaurants, Inc. is I'll I'll second that if that's what your that is acceptable. Okay, I'll second that. There's a motion accepted and the applicant accepts the that contingency. All those in favor say I. I. Post carries unanimously. Thank you. Thank you so much everyone. Appreciate your time. Next is Spacew Walk Groves Inc.

Spacewalk Groves Inc. being represented by Kim Rosena request a CUP conditional use permit for land alteration under application 25Z0057 located in district 2. Okay, we have to make a motion Brian Hamilton. I hear Tom Goodson's voice. He made a motion to I think he made a motion for approval. There's a motion for approval. Is there a second? That's correct. Second motion. Uh second. All those in favor say I. I. I. I. Approved. Thank you. Does that sound like? Okay.

Okay. So, we have um no unfinished business. Uh no new business. We have second public comment item K this time. We have no cards from item K. Okay. Board reports. County manager. No report. Mr. Chair, County Attorney, no report, sir. Commissioner One,

thank you. I just have a short one. Um uh about a year ago um when one of our hospitals was shut down um our community had to come together and figure out how we were going to give people access to health care. And there was um the Space Coast Health Foundation pulled together a group of all the different um entities, the the hospitals, the um state organizations and uh elected officials, um city managers, and um it was an amazing group, extremely collaborative, and they worked together extremely well to make sure that um you know, people had access to healthcare and uh I just wanted to mention that that today was our final meeting um and there's going to continue to be a uh round table of the CEOs of the hospitals um just so that they can continue collaborating moving forward. But it it's just a good a good day to be on the other side of that and um I just want to say well done to everybody. Fantastic. Uh, District two, Commissioner Goodson,

no report. No report. No report. Okay. District three, no report, sir. No report in district three. District four. No, sir.

No report. Um, I have a short report. I just got back just hours ago. We did meet with uh officials in Washington, the US Department of Transportation, the rail department, the department of railroads, uh Senator Scott, Senator Mooney, Congressman Herodopoulos. Um meetings were very positive. Uh uh we were there with city of Coco and the Boulevard County TPO. Our application I think is very strong. Although at first there was in the big beautiful bill I think it was around $5 billion appropriated for rail projects and there was a shortage of applicants. Now there's more applicants for that pot of money than there is money. So it's a little more competitive and we're just going to wait and see and we're hoping that we will get some news perhaps this summer maybe June where they'll do some initial review of the projects. So, um, really appreciate this board and their support for Bright Line and that's the only report I have.

Okay, meeting is concluded. Meeting adjourned.

Thank you. The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of county commissioners of Bvard County, Florida, Space Coast Government Television, or the program sponsor and are solely those of the presenter. The board of county commissioners of Bvard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such period. Hey, hey, hey.