Planning and Zoning Board & Local Planning Agency - Regular Meeting

Yeah, I didn't realize.

Okay, it's 3:30. If everyone would please stand in honor, would you lead us in the pledge of allegiance, please? To the flag of the United States of America to stand nation, indivisible, liberty and justice for all. Okay, this is the planning and zoning board planning agency. It's an advisory board which makes recommendations to the county commissioners who will make the final decision on these items. Items H3, item H3 is an LPA item. item on today's agenda will be heard by the county commission on May 7th, 2026 at 5:00 pm. Right here, when a motion ends in any kind of a split vote, a roll call vote may be taken to ensure accuracy. As a reminder, each member who makes a motion or a second needs to turn their microphone on so that your voice is on the record. Speakers for public comment on agenda items will be given two minutes. Please spell your last name for the record when you come to the podium. At this time, if any board member has had any exparte communication regarding any application, please disclose so now.

Mr. Chairman, I had a conversation with an engineer on one of the projects or two of the projects here, but it didn't slay my change my decision-making process, but I did speak with him, so I wanted to disclose that. Okay. Anyone else? and uh item H1. I'm familiar with several of the neighbors in that area and I've they've I've had conversations with them regarding the the uh application. All right. Seeing that hearing that I bring it back to the board, I need a motion for the approval for the PNZ minutes from April 13th. So moved.

Second. Motion by Neil, a second by Ruth. All those in favor say I. I. I. Any opposed. That passed unanimously. Item H1, please.

Good afternoon. Item H1, Anton Monica Waf, request a CUP for a single family residential second kitchen facility under application 26Z00001 located in district 5. Is the applicant here? If you could come to the podium up here and get as close as you can to that microphone, state your name, spell your last name for the record. Was ws ef and your address, please?

2361 Arizona Street, Melbourne. All right. and a little bit about what you're wanting to do. Uh we just uh want to have a kitchen in the back of the house. So we have two kitchens. One will be a kosher kitchen that will be used when our family gather together and some part of the family that doesn't use the same kitchen. So this is all what we going to live in the house. The both kitchens are open to each other. There's no walls. The there's no utilities separate. All the utilities are together. Uh, I don't know what else.

We followed all of the requirements that are on the CUP application to qualify for this and we also submitted um plans to the city. Um, and we hired a general contractor and an engineer to make sure that everything is per code. That's I mean Okay. Well, while you're right there, is there anyone in the audience want to speak for or against this item? If you two could just take a seat right there in the front row. Ma'am, if you want to come up

and if No, right near to the microphone. If you would state your name and address and spell your last name for the record. I'm Dr. Kim Mains. M A I N. I live at 2551 Vermont Street.

Okay. Um, I've lived in the area for 30 years and many of our older homes are occupied by children of parents that built those homes. They live in that area because it is single family on large lots and that's what we like about it. According to the Bvard, Florida government site, um the applicants uh have to must demonstrate the request aligns with the comprehensive zoning codes and obviously it doesn't because there's an existing ongoing code enforcement case. Also, according to the staff comments on that enforcement case, the property was previously modified without permits and utilized in a manner inconsistent with single family use. Um the work was done without permits. permits and codes are there to protect the residents to make sure they're safe. So without those, we have no idea about what work was done previously. Also, according to staff comments on the document, the CPU associated building permit seeks to bring the structure into compliance with the county regulations to formalize the kitchen. In other words, the applicants are abiding by the old saying it's better to ask forgiveness than permission. Rather than addressing the code enforcement case by bringing the structure back into compliance as a single family residence, they want the county and they want all of their neighbors to let them formalize that kitchen. Um, also apparently according to the documents that exist, they renovated and rented without proper permits. So now they're going to have a second kitchen and they won't they're going to try and tell you that they're going to abide by the cup zoning section 621947 which reads no portion of a single family dwelling unit shall be utilized for rental purposes. But they've already done that apparently according to your own documents. So they're asking us now to believe that they're not going to do that going forward once they formalize a kitchen.

Um, according to your own staff comments, the introduction of a second kitchen facility inherently increases the potential for independent living arrangements. Okay. All right. Okay. Thank you. Is anyone else want to speak for against this item? Anyone like to read the last few minutes of mine? I'm here with my wife. Our name is O Kelly. O a parosph K E L L Y. Ken and Laura. Um we live right next door at 2341. We've been there for 41 years. Um I have a couple photos. I don't know if I need who I need to give them to to look at.

Well, you'd have to send them through staff over there first. Okay. And they'd have to check them in.

Okay. I see. Uh anyway, um we've observed in the last year or so all this going on at this property next door. Um we figured it was with no permits. We never saw anything on the yard or on the front door. And there's been major work done in this house. Um uh septic tank work, um additions to the back of the house with concrete block, the roofing modifications. Um also, you know, there's four doors across the back of this property. Why does a single family home need four doors on the back of it? Well, now we kind of know. There's been people renting apartments in there and that's why there's all these separate doors. So, our concern is uh my concern is as a neighbor that their drain field is right next to my property. So, when they start having a problem, it's going to affect my property and my well. So, that's what I'm concerned about. So, thank you.

Okay. Thank you, sir. Anyone else want to speak for or against this item? Sir, if you could state your name, spell your last name and address.

John Trailer. T R A Y L O R. We live across the street, 2340 Arizona Street. Um, he doesn't live in the residence. Never has. Uh, the place is boarded up now, completely hurricane proof. Um, we witnessed all the renters, the people moving in and out constantly. We've received mail for apartment A and B. So obviously we know where he's going with this. He doesn't intend on living there. Um I mean that's what we see is happening. You know we pay our our dues to stay here to do our thing and he's just going to turn it into an apartment complex and we don't want it. Okay.

Thank you. All right. Thank you, sir. Anybody else want to speak for or against this item? You'll be getting a chance here in just a minute. I'm going to close it to public comment if there's no one else. All right, seeing that I'm going to close. Ma'am, did you raise your hand? I'm sorry. You can come up here. You can do it. Trust me.

This guy here's been here so long he don't even speak no more. So, no, it's okay. come on up and state your name and address and spell your last name. My name is Chris Traml. Um, I live at 2258 Arizona Street. I love my home. I just get a feel for what is I believe they're all correct. I think we're going to have people coming and going, multiple families in this. And you don't want that? I don't want that. And I, you know, I just love the street. I love the neighborhood. And I mean, I nothing against them, but I just um I don't want to see this happen. And I feel like if that's approved, this is going to be approved over and over again. and with the neighborhood we love so much is not going to be the same. So, but anyway, thank you. Thank you.

See, that wasn't that bad, was it? You did great. Can she spell her last name for the record? R A M E L. Thank you. Anyone else want to speak for or against this item? I'm going to close it for public comment. All right. Seeing that, no more public comment. Could the applicant come back up to the microphone, please? And I'm going to bring it back to the board. Do we have any questions for the applicant? Yeah. Can we speak now? Yeah. Yes. Go ahead.

Uh many of the comments that were mentioned were on two uh for the building. We are getting everything approved as we mentioned. There's an engineer working on it. There is a contractor working on it. Again, I assure my neighbors and everyone that no one will live in this house except us occasionally even like we are not going to live full-time. They are not going to see anybody. They are not going to see cars. They are not going to see anything. There was no never made apartment B and apartment A. Yes, there were there were tenants there for one or two months there only. And if the if actually if the neighbors said anything, we should have let them go from day one. But uh we got a notice. We reacted right away. We got everybody out. We are following everything as the code would say and we are going to be there with our family. There will be no one there. I wrote that and I sent it to the county. I cannot I don't think I can't do anything other other than that. I already wrote it. I already signed it. And uh I am assuring everyone that no one will be in this house except us.

So um I also want to acknowledge their concerns. Um and I want Could you get a little closer to the mic, please? I I want to acknowledge their concerns. Um so what happened is originally we did rent it out, but unfortunately the tenants did unauthorized subleting without our knowledge. Even we rented out to one family and what happened is they they sublet it to others and no one none of the people here present. They had our phone numbers. They didn't call us and let us know. Ma'am, you got to get stay near so we can keep this on the record. People who take them out.

Okay. We have the evidence that we took them out. None of the neighbors that are here present. Some of them had our phone numbers and they could have called us and told us, "Hey, there's other people living in this house." No one said anything until we got the notice from the city. As soon as we got the notice from the city, we acted on it immediately and got those people out. Even though this is very, very difficult with landlord and tenant laws. Most of the time, I guess I can't say this, but in my view, landlord tenant laws favor the tenant. And once they're there, you have a really hard time getting them out. And despite that, we did everything in our power to get them out. They are correct. There's no one living right there because we want to get the house ready for us and we are moving there. And of course, if they ever have an issue in the future, there's a lot of them. They could notify the city immediately. So, if they're worried about somebody moving in extra or having a bc or whatever they're saying, they're there. call the city, put a notice on us, report us. Right? So, they have the opportunity to report us if we don't follow through with what we're saying.

I I am actually we are adding we we we are asking to add another kitchen for family members that are eat kosher and they don't use the same kitchen. I don't know if my neighbors, one of them is my mechanic. My mechanic next door, he has a mechanic shop and cars and motors and looks looks ugly in front of me. The other one has heavy equipment, has tra and Judy, you see J&J, they have heavy equipment, tractors and stuff. This is in front of me. This is this is this is this is the ugly part. Not that not someone using another kitchen or is it based on what? Uh when we got the notice from the city, by the way, they were the the comment that came said your neighbor complaining you have two Hispanic family in the same house. Hispanic. Hispanic. This is the word that I got it.

Well, we got to we're a planning and zoning board. We don't get into the code enforcement issues. We don't get into whether or not this is we're planning and zoning. So, hearing that, I'm bringing it back to the board. Do we got any questions for the applicant? I have a question. Yes, Erica. All right. One second.

All right. Thank you so much. Um I I think I'm a little bit confused on the state of the property right now. As I read it, it says property owner renovated the entire single family home and converted it into multiple rental apartments which are now rented. Is that no longer true? That's no longer since July 31st.

As soon as we got notice of it, we corrected within. We had to follow the law, too. Right. So, there's landlord tenant laws. And once they're in there, you can't just kick them out. We can't. So, we got rid of the problem as soon as we could following the law. I mean, I wish I could have just put a lock and got them out, but I couldn't. But this problem also lasted two months only. It was not like a long time. Once we get the notice, we paid the people and got them out. I understand. So, but you did a renovation and you made it you turned your home into multiple apartments is what it says. No, that's not true.

Is that not true? Because that is in our pack the renovate and it's not it's not it's not actually the house is not entirely renovated as was mentioned. It's not entirely. I don't think anybody renovate a house from 1950 will not change window. We didn't change any windows. We didn't most of the doors are the old doors. Maybe we added two doors or something. That is uh when when you have a four four doors in the back because one of them is a storage, one of them open to this this kitchen. The laundry.

No, one is laundry. This is the doors. Anyone can come and check. If you have a laundry, you have a you have a room for you have a door for it. If you have if you have a storage, it's a it's a little room like this. This is nobody is going to live it. Room one, I'm not I don't have a motel motel six. I'm putting four doors in the back. This is this is not true. They they can see it. But this is I I don't have a

So So this is a question then I guess for staff, right? What is the state of the code enforcement violations? And according to our packet, it does say that it has been renovated into multiple rental apartments which are now rented. All the work was done without permits. And so if it's been renovated already into multiple apartments and they're going to it's a question for staff. That's

okay. I um if I may um just add if you look at the documents that were submitted to the city it shows the floor plan it shows all the details of it. So at at some and it's approved by a general contractor and an engineer everything submitted. So I mean you could look at what it is right now and ultimately if somebody wants to they could come and look and verify that the plans are accurate go in the house and check it. Right.

I want to add I want to add one more point. Building will not will not approve or will review the plan will not finish reviewing until the zoning approves the kitchen. So we we are waiting. So we contacted the building department few times to see if anything that we need to do but what we got is they will not approve anything until the zoning get to the point approving the kitchen first. Oh okay. So that's true. It's a process. So we're basically waiting on this the application is on hold. Even though all of the stuff that's in the plans and everything is approved for them. They cannot do a final approving approval until this part is

it's a process that you guys have. One last point I want to mention. My neighbors both of them trying to buy the house. They put a lot of pressure on me to buy the house and they call me are you going to buy? Are you going to sell it? I'm not going to sell it. Are you going to rent it? I'm not going to rent it. Are you going to sell it? I'm not going to sell it. And they keep asking both of them asking me about buying my property. We're not going to sell it. And I'm not going to sell it in any way. They will they will never get it. They will never get this poverty. We're not going to stop. I would be your neighbor forever. Okay. Well, we need to bring Okay. I just wanted to ask staff. It's this question for staff.

Yes. There is a code enforcement case against them is 25 CE00999. The description of the work states property owner renovated the entire single family home converted into multiple rental apartments which are now rented. All of work was done without any permits. Uh complaint was verified by the code enforcement officer on June 27th uh 2025. Yes, he went out to the property and the complaintant said he would like to would like uh code enforcement to address all the work without permit violations found that created an unpermitted uh subdivided living space, structural, plumbing, electrical, drywall, etc. Also, the zoning violations for multiple families in a single family home. So yes, there was code enforcement for that that

and it has not been closed out yet. It cannot be it's still an active case. It cannot be closed out until this per the process. So how many I mean this is what this what they told us that the building department cannot do anything until this is this part is taken care of. So that was in June 27th that that was said and but now there's nobody living there. But is it still structured as a a multi- no So you went in and you re Well, that's what it says. It's a multif family. It It's if you multiple multiple rental apartments. It is no longer It's no longer.

So you renovated it from that. It's the whole thing about about multiple is there's a wall that's closed and the wall is open. Yeah. So there was more work done to make it back to a single family. We had it was always like that. It was always a single family. I think maybe they should look at what was the plans. Uh can I ask my Mr. Robert? Yes. Go ahead. Did you put an addition on the house? An addition? Yes. No, I didn't put an addition. That is untrue. What do you mean by addition?

Well, an addition that's that's pretty simple. An addition. You added you added on to the house. I I've um actually visit this neighbor quite often. And these people I know these I'm actually related to this guy. I visit there quite often. I saw you addition. I saw you put an addition on the house. Did you do um work on the on the uh the septic system and without a permit? A company. That is untrue. I saw you working on the septic system with my own invoices. I have the company and I have

So, if you're untrue about these things and the staff says that you turned it into multif family and I'm I see I see a drawing of the kitchen, but I don't see a drawing that's addressing all these other things. So, if you're untrue about that, how to say that you're that you're not untrue about the place. What is What is Okay, hold on here just a second. Hold on, Mr. Robert. We got to stay with with the planning and stuff. I'm talking about he's changed the house into a multif family as staff says. It seems to me that this is a biased person that is here. Okay. I'm going to take the floor. I'm going to speak. Okay.

All right. We're not going to speak no more for just a second. You know, usually these things are very, very simple. We added we make modifications here lot. You never have anybody come in here usually and speak against it. I'm going to be very frank with you. I'm not in favor of what you're going to do. And I'm not going to give you the zoning to allow you guys to modify until you get it all fixed up. Then you can come back here. As far as I'm concerned, it's you're spinning your wheels and blowing your tires because this thing is not heading in the right direction. The the thing is that the building ask us to finish.

It doesn't matter. The way you've approached it is not the proper way. If you got people here speaking against something of this minuscule of a situation, you've got a problem. And I'm not I'm not in favor of giving you the zoning and then letting you see if you can go to work. It's not going to happen. I have a question. Chair, I have a question. Yes. Is a question for staff. When staff, let me ask you a question. So they don't have to pay twice

and we've done this in the past. Can we table this issue until they get their get this corrected ever? How long that takes? Did I trick you all?

So the build the building permit is not going to be able to be approved showing the second kitchen unless this is approved. So they can remove, that's an option, remove that from their plans and show, you know, put the house back to one kitchen or you can table it and they can come back, but they still can't get that permit approved until this is approved. But they wouldn't need a they they don't they wouldn't need a zoning change if they removed the second kitchen. That is correct. Which would make our They would converse permit and they could get the permit to bring the house

back into order back into code and then could come and make the request and then add the second kitchen afterward. Ruth, were you want I'm sorry I stepped on you. I'm sorry. You're you're okay. I just I was curious how many code enforcement cases are there for this? There's only one because I when I I think when I looked it up on on Bass, there was multiple cases against this address. Well, maybe just wait if there's something there. I think the other ones are contractor licensing. Okay. Thank you, Mr. Chairman.

Yes, sir. My turn. Is this kitchen already installed? Yes. You did it without a permit. Yes. You know it's a violation, right? Now we know. Now we know. Can you tell me what the difference between a regular kitchen and a kosher kitchen is, please? What's the difference? Why are you putting in this? No. They ask me why you want it. So that's why I want it. I I want to keep it because of that. I don't want to keep it for No, it's not You're not answering my question. Yes.

What's the difference between a regular kitchen in a house and a kosher kitchen? So every single surface and kitchen item, anything whatsoever in that kitchen that's supposed to be kosher cannot be touched by a certain type of meat because of beliefs. Certain beliefs. It it's his family. You're not answering my question. Are you talking about structurally? Just what's in there? It's just a kitchen.

So, it could be used as a regular kitchen for another tenant. No. No. So, there's no tenant. There's no tenant. The house will be I will be I said it could be. Huh? It could be because it's a regular kitchen. It's just an additional kitchen in a single family home. If it's rented, it could be, but if it's not rented, it cannot be. And it's open. It's open to the other house. How can a tenant live open to the other tenant? It well the drawing that I see here from your engineer shows a partition between the two kitchens. No, there's no partition. Anyone can come and inspect tomorrow if they want. There's no

what? That's not what's shown on the documents that we have in front of us. Can I see the drawing? Maybe it's not updated. Where's the current? Mr. Mr. Chair was if if I may, Mr. Chair, just a point of clarification and procedural. Uh Mr. Hobenard, you stated that you had two conflicts of interest or you spoke with the correct individuals prior to or exparte, whatever. What items did you speak to that engineer on? Just asked him what he what he drew up. What items were they? H1, H2, H3, H4, one and two. Okay. Thank you for clarifying. Same engineer. Okay. Thank you. And Mr. Brothers? Yes. You stated that you have a relative. Yes.

Thank you. Okay. What's the relation between you and that individual? Nephew. Nephew. Yes. Okay. So, like I said, I visit the neighborhood occasionally. Okay. I'm just looking for it from a conflict of interest perspective in a voting issue. But I'll look into it while the discussion I need to recuse myself. That's fine. Okay. I'm not saying you have to. I'm just need to confirm that. That's all. I was saying telling you what my eyes saw. You looked at it. What did you see? Is your engineer here?

Yeah. Somebody raise their hand. Can we call the engineer up? Yes. Uh, could you take a seat there in the front row? I don't know what plan you have. Sir, can you state your name and address and spell your last name for the record? Antonio Owen, Ownen 303 Paragrin Drive in Atlanta, Florida. Here, Tony.

Yeah, they show as a wall back to back. Yeah, this is open to No, I'm talking about between Can you speak into the microphone so we can pe pick up your Yeah, the the the two kitchens are back to back with the bathroom kind of next to one of the kitchens as well. I don't know if you have the You guys have

There's a You want to take this and put it on there? Okay. All right. So, you can see the two sinks, the kitchen sinks, the double sinks there. There's a wall there that the two kitchens are back to back. To the right of that, there's a hallway that you will connect the two areas. So, there is a wall between the two kitchens

currently. Yeah. I don't know anything about kosher kitchens. Um, so I don't know if you're you can have a kitchen open to another kitchen and still be kosher. I have no idea. I'm I'm not It's not my religion. When you keep saying open, I see them back to back with a wall between them. Yeah. Okay. So, that's not open. I mean, it's not No, I'm asking you. I don't know if you have if you can have an open kitchen. I I have no idea if No, no, no. I'm just looking at it designwise and the other. Okay. I'm I'm just trying to establish the fact that they're asking for a a cup for a coach a kosher kitchen.

And I just want to make sure that there's a a big difference between somebody putting in an extra kitchen or a specialty kitchen that could be that could be used by the family like he was saying. Yeah. So, I'm just trying to establish that. But the way the drawing looks, it's not open. I mean, it's an open room. Yes. Oh, he someone was saying it's an open kitchen or Yeah. He said it's open to the other trying to say it's in his I think in his view that it's open in the sense that you can get to both kitchens like the it's not like you have to walk around the house to get to the kitchen. You can go through a hallway to get to the other kitchen. Okay. I think that's what he's I I'm I'm interpreting so I don't know.

I'm interpreting. the when I was there the there's a hallway that connects the two two the two kitchen areas together. Are there doors on that hallway? You can see there's a door right there. So, I mean, I guess you could take the door out if you needed to. My my thought is I Well, I don't know if he didn't have to have a kosher kitchen. My thought is just make it a kitchenette and and be done with it. You a kitchenette. Anything with a kitchenet called kitchen is going to be a second kitchen. I've done kitchen. How do you do mother-in-law sweets with a refrigerator and a and a and a I mean

a kitchen is made to store to prepare and cook food. So anytime you have something that is being one of those three especially cooking that's what a kitchen is for. So a kitchenette is would be under your definition has another kitchen still. Yes. Because your kitchen you're calling it a kitchenet. All right. So what do you what do we call it then? So if if it's just a refrigerator and a microwave. So you can't have a microwave either. can cook with a microwave. You can take a microwave and plug it into anyone. When do these rules change? I mean, I don't know. Daily. It's in the definition of kitchen in our section.

Let me ask you one question. But I'm allowed to put I'm not me, but but uh in Boulevard County, I think it's a state law actually. I can put an ADU and and you guys cannot stop it. An ADU. Yep. You have to meet the definition for what an ADU is and a living area for having a second living area. We're getting on topic. An ADU is not relevant to this conversation today. It was just a kind of comment like we're allowed as by law to do a detached ADU and no one can stop it and you can complain to meet the

but it's part of the affordable that's part of the affordable housing laws. I'm sorry to tell you. All right, we need to reel this back in. Thanks, Tony. Okay, so he needs a kitchen because of his beliefs, the religion. Can you come back up, please? And you're going to be the only family in the house. Yes. Period. Period. addressing this kitchen and he they need to get this other kitchen approved for zoning. Is that correct, staff? I'm sorry. Say that one more time. The other kitchen needs to be approved for zoning. Yes.

We got any other questions from the board? They're done. I'm gonna make a motion we deny the request. Mr. Brothers, Mr. Brothers, one second. I'm sorry, Mr. Brothers, I would suggest that you just abstain just based on what we've heard to cover yourself and then if we need to provide you a form, we will fine. I'm fine. Thank you. Have a second. Okay, we got a motion by Henry, a second by Erica. All those in favor say I. I. I. Any opposed? Okay, that didn't pass.

Item H2. Item H2. Dominique F. Co Pepper, Ralph M. Williams III, Ralph Williams IVth, Erica Williams being represented by Antonio Owen. request a zoning classification change from AU to RU-2-15 located in district 2. Sir, are you the applicant? Yes, I'm the applicant. All right.

Yes. President Sir, again, if you could state your name, spell your last name and address for the record.

Antonio Owen, Own 303 Paragan Drive. All right, you've got the floor. Uh, we're proposing uh reszoning of an AU parcel in Merit Island on 280 Grove Boulevard. Um we're asking for um RU215. Uh current zoning is uh AU. The future land use flu is uh res 15. So it's in line with the the future land use of the property. There's um RU215 north of the parcel, south of the parcel to the west of the parcel. Um and then there's an RU212 that's just west of the parcel as well. So it's in to to us it's in line with um with the future land use and what the intention of the area which you want to do. Our plan is to do 36 um apartment units for senior living affordable housing.

All right. While you're right there, is there anyone in the audience want to speak for or against this item? All right, sir, if you could take a seat there in the front row. Ma'am, if you want to come on up, state your name, spell your last name, and your address for the record, please. Uh, so my name is Beverly New Rock. Can you pull that microphone a little closer to you? There you go. Beverly New Rock. Neur O K. And my address is 288 Marian Place on Merit Island.

And I am, let's see, north of uh this proposed area. And um my concern is unfortunately um we have a flooding area um a flooding problem there already. And um I have pictures from October of 2024 and October 2025, but I didn't know that they had to be submitted. Um, and so my concern is that I just want to make sure that as we start working on that property that they take if they if if this zoning is approved that they would take the appropriate actions to ensure that the current flooding problem isn't any worse than it already is. In addition to that, you know, I noticed that just looking at where the where the county is on infrastructure at this point, you know, Merit Island, I I read an article on how they're preparing for the FD's um camera scoping requirements for piping and stuff like that. And Merit Island's not even in the picture on that. And so there's already a a funding problem in the county for fixing flooding issues and Marin Island took a hit. Um and so I'm just asking for your consideration as a whole. I can appreciate that you want to, you know, improve the property and um I'm just saying that the flooding needs to be addressed as prior to or

Okay. you know. All right. Okay. Yeah. Thank you. Thank you. Does anyone else want to speak for or against this item? Seeing that, I'm going to close this item for public comment. Sir, if you could come back up. I'll bring it back to the board. Do we have any questions for the applicant? Clarification. Go ahead. I'll come up to you, please. Okay. Thanks. Yeah. Um you mentioned um affordable housing and senior living. Is it senior senior? It's a senior living community for and we're going to be uh targeting the affordable affordable housing for seniors. Thank you. What does that mean? Uh 55 plus.

We're working with we're planning to work with uh the Bvard Housing Authority to supply um choice vouchers and choice vouchers are the HUD the HUD program. So they could use that to have a place to live. Would you I'm sorry. Yeah. Go ahead. Would you explain to that lady about the burst in your runoff or do you want to mention that or Well, I know St. John's has new new rules. Yeah. So, so we have to design for You're not going to make her problem worse. No, we I'm going to assure her, but I want you to tell her.

Yeah. No, we we can't make the problem worse. I mean, we have to retain all our water. Um, if you look at the pictures, there's a lot of like little cir um like all these little lines around there. That's retention. So, most of the site is going to be retention. If it's not how uh parking or the building, it's retent. It's retention. So the we have to by state uh co codes to requirements to take care of all the storm water retent uh overflow is that large area in the center your uh also retention area. It's another area retention. How big is that?

I don't know. We haven't done the calculations. This is just a this is just conceptual right now. We're still working on that. We're planning to do maybe a preup uh in the next couple weeks. Kind of was trying to get this going first. the resoning before I get too much too much ahead of us myself here. And you said it's going to re really be for seniors. Are you going to have anything other than just apartments? They're just No, they're just uh after talking to to Mike Bean over at the housing authority, they just said they just need their need right now is just living living quarters really. And are those two story multiple stories? Sing um single story. This is is that is that what that's that's correct? That's what you intend to build, right?

That's our conceptual uh plan is just do single. It's just single story. Okay. And also you said it's for seniors and how are you going to restrict to seniors? Um I don't know if we have to have or what kind of law bylaws we'll have, but I mean our plan is just to set up an operating management company that's going to just use the choice vouchers system with and in um in coordination with the housing authority. Are choice vouchers something that only seniors can get?

No, anyone can get them. But I know there's when we talked to Mike Bean, he said we could just have it where only seniors can apply for it there. They have like you can have a veteran community and only the veterans can apply to it. So you can set it up in in different ways with the choice vouchers. Okay. And these are rental apartments, not not not a condominium or something like that. Not a condominium. It's single. It's single uh single ownership that owns all the apartments or operator and then um the choice vouchers would be able to Okay. rent. Ron, are you done? Yes.

Yeah. Thanks. Do you see in the staff report that they mentioned you're in a type three aquifer and there's a restriction for the impervious? Um you're aware of that? Yeah, I I have another engineer that's working on it, so I don't know if he he's he's probably aware of it. So, the site plan you submitted now exceeds that impervious percentage, so I just want to make sure you know that. Okay. Um I'll get in touch with him. Yeah. And then from the stormwater perspective, I realize it's a zoning component, but you're right, the storm water rules for St. John's have changed significantly. Where is the um point of outfall going to be for this project? I'd have to get with them on that. The my the engineer I'm working with. Okay. So, we don't know.

I haven't gone to This is just conceptual. just kind of more like getting putting putting something together on paper. Like I said, we haven't gone too deep with it yet. We haven't, you know, couple days on it. Maybe that's about it. I think Okay. Thank you. Talk to us in a week if we get get past this this board meeting. Any other questions from anyone on the board? I have a question for staff. Um with this resoning, what is the max density that could be put on here? Can you repeat that question?

With changing the zoning, um, I know what he's asking for, but often what they ask for might not be the maximum density that would be allowed on the property once you change the zoning. What would that be?

38 36 36 and could they go two stories if they decided to change their mind after the zoning? They can go two stories. Okay. I just wanted a clarification. Thank you. Are there additional buffering requirements that'll be between this property and the single family to the east required? No, they're both residential. So there be no there'd be no change, right? It's not commercial or industrial. Mr. Chairman, I have a question. Mr. John, can your units be made as twotory if we have to?

Yeah. Usually your units are single stories. Well, I mean, you can do two story, you can do three story. I mean, but our intention is to do single. I mean, structurally, structurally you can do five uh well, whatever the limits are for the county. I mean, but our intent for cost savings is to go one story. If you go twotory, it costs a lot more. So to be affordable, it you start losing the affordability. You going for any tax incentives? Um pro possibly. I don't know. I'm u I'm sure we'll try. I'm not really part of that. Okay. There's other there's other partners that are dealing with that stuff. Okay. Thank you.

One more qu one more question. Uh what size are the apartments? Uh they're 511 square ft for the onebedroom, one the the real need right now is one bedroom, one bath. So we're doing mostly those. And then there's they said that uh there's a couple times that uh some of the seniors have a um a sibling or not sibling a uh son or daughter that's living with them. So there is uh six that are be two-bedroom, two uh two-bedroom, one bath with 750 760 feet somewhere around there. So most of them are going to be single. Yeah. Okay. The need that's what their needs are. Are we we're trying We're just trying to target what their needs are and and satisfy that.

Okay. Would you be willing to have a uh binding development plan that says you're only going to have single story? Yeah, I have a problem with that. Okay.

I I have a question. Okay. So, you mentioned that it's only going to be seniors. Um but so they can have children that live with them too or whatnot. So say if the senior passes on and their child wants to stay living there, right? Then then you have the younger generation living there too. Can that is that part of this? I mean can it you know all of a sudden open up that it's just affordable living each you know like what not for any age? I and to me unless that that uh the uh child has a voucher, they can't live there. It's it's a it's all based on the vouchers, the choice vouchers.

So, it's it's based on the voucher. It's not based on senior living. Well, senior living it's senior living with vouch vouchered senior living. Okay.

A vouchered uh choice voucher. So I get their their children are like I said they're you know they're probably in their 70s 80s. So their children are probably like 45 50. I mean they're not kids kids. They're they're going to they're probably going to be seniors themselves most likely. And it's not an often thing. I don't I don't really know that part of it. He just said do the do the onebedroom one bath and just throw a couple two bedrooms in there because there sometimes they'll be and might be a caretaker too that's living with them or something. I don't know. I mean, that's what their request was. So, we're just trying to satisfy the request.

Okay. Would you be open to a binding development plan or something that said there has to be a senior living there? It is a senior because this is, you know, how it's been advertised to us. Yes. Okay. Uh, Mr. Chairman. Yes, sir. Mr. Ron, I move approval for this with those two binding development plan agreements. I'll second staff. Did y'all get the information on the BDPS? Item H2. We got a motion by Ron, a second by Erica. All those in favor say I. I.

Any opposed? That passed unanimously. Thank you. Thank you, sir. Item H3, which is an LPA item.

Item H3 and H4, I'm going to read into the record together. However, they'll need separate recommendations. So, Turtle Mound Ventures LLC being represented by Kim Rosena are requesting a smallcale comprehensive plan amendment under 20 26S.01 01 to change the future land use designation from pub res one res 2 directive to CC under application 26 SS 0000001. In this one, we are asking for the board to consider whether or not the request is consistent and compatible with the surrounding area and also whether it's consistent with objective seven of the coastal management area. And for item H4, Turtlemound Ventures LLC, again being represented by Kim Rzinka, are requesting a zoning classification change from GML and TR1 to RVP under application 26Z 0007. This is located in district 2. uh North Merit Island did unanimously um voted to uh uh recommend to deny um approval of this. Um also on this one, we are asking the board to consider the proposed point of ingrass egress in relation to the character of the surrounding area um as um access to the local roads. Uh one other thing that was not mentioned in the staff report that kind of is mentioned in the staff report is the density the the number of units. So in here we say propose that they can get 283 lots. Of course we know application of regulations can typically reduce development potential. And so on

this we are also asking uh the board to consider policy 2.10 10 as well. Um, which talks about limiting the density. You you you it gives you the option if you want to make a re recommendation to cap the density on this project. Okay. Thank you, ma'am. Yes.

Good afternoon, chairman, members of the LPA and planning and zoning board. My name is Kim Rosena with Lacy Rosena in Melbourne. here on behalf of Turtle Mount Ventures LLC. This is a project up in North Merit Island off of North Courtney Parkway. This is old schoolboard property that was surplused that my client bought several years ago. So, obviously, it was land that couldn't be used for schools but was intended for schools and now it has a future land use of public facilities and a zoning of governmental managed lands which is very interesting. Uh so, there are two applications. One is to change the future land use map to community commercial and when to change resoning to recreational vehicle park. Uh this is on state road 3. It's only about 5 miles north of state road 528, not 24 miles as was in the staff reports. As I said, it's uh formerly owned by the school board of Bvard County. It's approximately 28.37 acres and we need to change the community commercial future land use to allow RV park. We have no issues with limiting access to State Road 3. That makes perfect sense. We wouldn't go on McGrder anyhow. So, if we need a BDP for that, that's fine. Uh, Mr. Hoping, I heard you were at the North Merid Island Special Dependent District Board, meeting.

Yes, I was. Okay. Did you speak against this? No, I did not. I just asked questions. Okay. Thank you. So, uh, looking at I'll tell you why. Because I live just north of there. I understand. Yes. Yeah, I understand. You you do you own property up there? No, I rent.

Okay. So the government managed lands is to uh recognize the presence of facilities that are managed by federal, state and local government special districts uh organizations that that partner with government. So obviously this is not appropriate any longer for government managed lands. The permitted uses are interesting. None of these which my client wants to do. My client has developed in the recreational vehicle park out in Washington state. Those are the pictures that you have in your packet that were presented. obviously different land use requirements in uh Washington state than here. We have storm water. We have all kinds of things they may not have. So those pictures were just representative of something he has developed in the past. Uh so this is his business model is RV parks. Uh but what could be here are cemeteries and mausoleums, group homes, parking lots or garages, space related activities, assisted living facilities, hospitals, recycled materials facilities, and then there's lots of conditional uses. Arsenals and explosives. We could have another uh night's armorament here. Uh electrical, natural gas, water, wastewater utilities, hazardous waste facility, prison camps, solid waste management, and water and sewage treatment facilities. Obviously, none of those are appropriate in this place either. So, my client wants to come in and bring a luxury resort style recreational vehicle park to serve the needs of tourists, space launches, things along those lines. Uh, this property was purchased with that intent. Um, might have wanted to come to you first but did not. So, here we are. Uh, this is a commercial use. There's many references in the staff report to a residential use, but this is purely uh um a commercial use. limited to the number of days you can stay at an RV park. 180 days is the maximum. The maximum intensity of the park is 10 sites per acre. Minimum site size is 2,000 square feet. Again, we don't have a site plan. It hasn't been developed. We don't have elevations. We don't have

a lot of things to do a site plan yet. But all of those things will be designed at the site plan stage as well as performance standards, lighting, noise, things along those lines. Buffering. uh code requires that 10% of the land be for recreational activities for the residents of the recreational vehicle park. So that'd be close to three acres if not more. The accessory uses allow be a laundry facility, playgrounds, picnic areas, swimming pools, ball and game courts, and a manager's residence. All of those are proposed for this. Uh RV parks are not allowed to be permanent residences. So again, this is a commercial use. Um, what I provided to you was a larger version of what you get in your packet. I don't believe the very limited narrow scope of your maps shows the full picture of this area. When you look at the future land use map, you see the area in blue uh that I colored and you'll see what is around it. There is residential to the west north. That is an old 1962 manufacturer home community of quarteracre lots. Uh there's also Teen Mission has about 20 homes back there, which I was surprised to find out as well. So, this is an interesting neighborhood. It's an old neighborhood. Uh most of them are not homesteaded, so they're mostly rental properties. Not that that matters, but they'll still be protected from any of the uses here. So, as you see, you if you go further north on Courtney, you wind up with air liquid and the borrow pit, which came before you just two months ago. So, you have some commercial activities to the north, you have commercial activities to the south. Uh, you don't have many commercial activities. I don't believe you have a community cluster because there's not 10 acres of community act commercial activities to the south of here. Uh, but there are community commercial future land uses and neighborhood commercials all along Courtney Parkway, which is considered a

commercial corridor. If you look at the zoning map which is on the back side again you have institutional which is the uh church immediately to the east. Then going forward you have BU2. Then you have industrial going south. You have um the fire station. You have a Dollar General store that's been permanent but not built. and several different BU1 uses and BU2 uses to the south. So again, this is a commercial corridor. This is intended for commercial uses. Originally intended for a school that didn't work out. Uh the staff report says there are no identifiable concurrency issues. North Courtney Parkway will operate at 47.67% of maximum um average vehicle utilization. Uh brief research on the internet says the average trip per site is about 4.1 which is much less than town homes uh apartments or single family homes. It will not generate school children as the park is a commercial use. It's located in a transitional area says the staff report. The staff report does mention that that there is a great deal of coastal high hazard and flood plane issues. Again, these will address at site plan stage. This is not increasing residential density as the comp plan says. This is a commercial density issue, commercial intensity issue. Uh coastal management element object 7 aims to limit densities. This is again not residential. with that. Um Jake Weise with CG Engineering is the engineer of record. He is working on a concept plan. We don't have one, but he was the one who attended North Ben special dependent district board. If you have any questions about storm water development things that will come along

a site plan, he can answer those questions. Uh with that, uh we would request approval of the change of the comprehensive plan to community commercial and the change of zoning to uh recreational vehicle park. If you want to put conditions on that through a BDP, we understand that, especially as to access. Any questions, Mr. Neil? As far as the Harvey Park, do you have any idea at this point since you're not at site plan, but how many um sites it would have? The max it can have is 280, but when you start looking at flood planes and things like that, the recreational, the buffering, we don't know. Okay. Oh,

it's for us or you want to go to the public? No, go ahead. I've already started with Neil here. Yeah, you jumped right in. Okay. Um, yes, I was at the uh North Brevard or North Merit Island District meeting inadvertently. So, it wasn't like I knew about this one coming up. Um, I had a couple of questions at the time. Number one, how did how do you all propose to get into the park? The gentleman had said that they were coming in off of Courtney, but there's no lane to do that. It's a divided highway.

And I was concerned because they would have to make a Uturn at Pine Island Road, which is where I live, and that would be a mess. Yeah. because there's nothing there's no other way to to go if you're going north to make the left turn into that property. So, that was one concern I had. Also, I had asked him if they would be willing to put a tree buffer along Courtney so that we wouldn't see all the RV vehicles from the road and he was amendable to it. And also I asked him if the uh the RV vehicles were going to be parked on hardened pads. Yeah, they have to be okay.

By the code. Yes. So that's going to have your imperous surface issue. Um and because you don't have a conceptual site plan, we don't know if you know how much retention because flooding is a big issue up here. And um we're very concerned about that. the last the big storm in October, it took a week for the water to go away. It was it was quite a mess. And also he had said something about putting a um a convenience store, okay, on the property and and staff said that that was not allowed.

I I believe the he you're referring to is Jake Wise with CER just just to keep the record. Um I don't know about the access. Again, that's a site plan issue and it's going to have to be reviewed with FDOT since this is an FDOT road. So, I do not know what that is, but again, county is going to have to approve it. FDOT is going to have to approve it. Tree buffer is fine. Um, RV has to be on pads, concrete pads pursuant to the code. And storm water is something that is addressed as a site plan. Also, with the flood plane issue and the coastal hazard area, those are going to have to be addressed. And it's going to be run through the storm water modeling for North Merit Island, which is the new protocol in that area. So, it's going to be looked at by many, many people. Uh, are you going to put this on um on sewer?

Yes, it has to be on sewer. Okay. That's all, sir. Mr. Ron, uh, one question. the uh when to get in access to the park. Uh it's my understanding they're going to have to create a cut through the median and DOT would have to authorize that. Yes, DOT if DOT were to decide not to authorize that. Is that a deal breakaker?

I I I I do not know. This is again we're in in site plan. I haven't had that conversation with the the client. I don't know if Jake has. But but there there will be I mean even if it's an access I I I don't know. Um I do not think there's that many median cuts that would prevent another one but I do not know. I'm not an engineer.

We're holding up for questions. So I'm going to take it out to the public. Thank you. Is there anyone in the audience want to speak for or against this item? Okay, sir, if you could come up and state your name and address and spell your last name for the record. My name is Bill Bogs, B O G Gs, uh 1671 Harbor Drive, Merit Island, 32952. Okay, let me give you two minutes here.

I have serious concerns. I have a piece of property in that neighborhood to the northwest that you know it's complicated explanation but I'm living there even though I'm technically with my wife. It is what it is. But I've personally, you know, experienced flooding and know of the sensitivity of that area. The uh land that they show on the G you you have, you know, a bunch of stuff. Your your people that did the research and the summary, excellent job. But you know the the part that's the surge zone and the hydraulic and everything four to six months out of the year that is underwater. That's almost half the property if they are allowed to add land you know fill that water's got to go somewhere and the only place it can go is is the neighborhood to the northwest. you know, Courtney is built up much higher and it's almost like a wall. You know, it's it's got to go north. It can't go south. Um, also I'd like, you know, so that's one issue. Uh, I'd also like to point out the awkwardness of that location with the tropical trail dumping out, you know, onto the middle of a curve of Courtney and the major traffic, you know, flow during, you know, rush hours,

you know, for the Cape. And the uh turn lanes are definitely not appropriate for larger vehicles. Okay. So, you're opposed? Yes, I'm opposed. All right. Thank you, sir. Thank you,

sir. I saw you raised your hand here in the middle. My name is Brian Blessen, BU SSN. My address is 6405 Genoa Trail in Melbourne. And um my wife made me write this down. I'm the land development manager for Outback RE reserve which is the Dominous subdivision within 500 ft that hasn't started yet immediately to the west of this property. Now, the engineers spent four years working with the county to get the drainage right, to get the permits for these 164 lots. Minimum half acre on 164 acres with the the future being a 40 acre batonical gardens in the middle of the subdivision. Our problem is it's just is having something that's going to be a high-end subdivision, probably the best looking subdivision on North Merit Island since the Savanas. Um, and to have this commercial activity which will have its own

I mean they've got to have a management office and have to be able to buy things on the run. So just part of that has I'm sure will come in with some commercial usage and there are 10 units per acre and we spent my client spent four years getting the permits to start at one unit per acre. That's where I have a little bit of a problem with this. We I'm speaking against this super commercial activity this close. Okay, that's all I have.

I'm I've known you long enough, Mr. Busting, to call you Brian and marvelous job at the Savanas. I know you want to get that plug in, but those lots that are with the way that the property up there has been escalating in cost, those lots that you all are working on have got to be $200,000 lots. Is am I being realistic

from what everybody else Everybody up there wants a 100,000 an acre and then you fill another 100,000. So I mean it's crazy realism I think you're and I'm guessing at this point but based on what I see the numbers coming out working with the plans they're they're going to be $300,000 lots. Wow. That's going it's going to have to be an upper end community and it's a it's the prettiest piece of land on on North Merit Island. It's a it's Thank you. That's the only question I had. Thank you. Thank you, sir.

Thank you. Anyone else want to speak? Sir, if you could state your name and address, spell your last name for the record.

Sure. Uh, my name is Jack Kersinbomb. K I R S C H E N B AU M. My address is 207 Antigga Drive, Cocoa Beach. I am a trustee of the trust that is developing the Outback. It was the Ron Deminina property and it's owned by the Domin Trust. And uh today I'm not talking as a lawyer. And for 45 years I came before this board and talked as a lawyer and now I'm talking as a representative of the owner as an owner and I'm not real comfortable with it. It's kind of a really strange feeling. Um be that as it may. Um and I thought I was retired. You know I I retired two years ago as a lawyer and here I am unretired. Uh, and by the way, the retirement gig is really good when you get to it. Um, but we we've been working for over four years on on the outback. Um, it is as complicated uh as a engineering project as as a lawyer that I've ever worked on. Um, these lots are going to be spectacular. They're going to be halfacre. They're going to be hugely expensive. The development will be something that North Merit Island hasn't seen before. Um, and we are just in the throws of completing it and getting it to the subdivision level and working the drainage out with the help of your staff. It has been a monumental project. Um, that being said, um, I I hardly ever speak against projects because all I ever did was come before you and ask for permissions and resonings and the like, but we don't think this is consistent with the land use. We don't think it's compatible. We think the traffic issues

are uh going to be insurmountable. Um we believe that the um this isn't the right project for this parcel. We believe and we just we we would very much uh like to have have seen a site plan. We would have liked to have seen answers to all the questions you your staff has already asked and it would be we think really premature to grant these two requests before all that information is available and before you because we are so sensitive to the transportation issues and the drainage issues and the development issues that it's just not the right time or place we believe for this this particular project.

That's all I had to say. Okay. Thank you. Thank you, sir. Anyone else want to speak for or against this? Ma'am, if you could come on down and your name and address for the record, and please spell your last name.

My name is Rose Plameumber, P L U Mer. and I'm here representing the North Merit Island Homeowners Association, PO Box 542372, Merit Island, Florida 32954. Based on our review, I'm here to speak in opposition to the requested smallcale comprehensive plan amendment. After reviewing this proposal, it's clear that the request to allow an RV park does not meet the requirements for a smallcale comprehensive plan amendment. There are already numerous RV parks operating in Bvard County and there is existing commercial space just 0.25 miles from the property. The applicant has not demonstrated a need that would justify changing the land use designation and additionally North Courtney Parkway is not designated as a major multi-county transportation corridor. For these reasons, the site does not meet the locationational criteria of policy 2.8F 8F with respect to interstate accessibility or corridor designation. Approving this amendment would open the door for further land use changes down the road that are not in this community's best interest or long-term interest. Any amendment must be consistent with the comprehensive plan and this proposal does not meet that threshold. Additionally, there are way too many unanswered questions. Um, for these reasons, I respectfully recommend that you deny the request to change the SSCPA. Thank you.

Thank you, ma'am. Um, ma'am, if you want to and you're next.

You already know the drill now, right?

Yes, I know the drill. My name is Christianne Connor. C O N O R I'm at 6187 North Tropical Trail. I'm um not an attorney and I wasn't actually prepared to speak. I wanted to see what other people were saying, but I'm just a concerned citizen. I think it's strange that this is called Turtle Mound Ventures. I can't even imagine. I have so many turtle mounds on my property. At some point, I'm hoping Bvard's going to step in and take care of the natural resources we have. I can't imagine 280 uh RVs on this particular piece of property. We already have a lot of environmental impact going on around that area. Additionally, I make a left right there to get on North Tropical Trail and I cannot make a left anymore between the hours of 3:30 and 5:00 p.m. at night as all the SpaceX and Blue Origin traffic comes down that way. We're going to have to have a light. So, I can't imagine the traffic impact of all of these um RVs and all the people going in and out of North Tropical Trail and Courtney Parkway. The traffic with the barge bridge there, getting in and out. And as you all know, we don't have a school, so parents trying to get their kids to and from have to get over the barge bridge with all of this traffic. Um adding any more traffic is going to be devastating for this area. And again, um, yes, I think it would be great to have a tree line, but we really, this area of Breard is suffering with the flooding and all of the natural impacts. Um, even the sewer system, I've been told multiple times, we can't have sewer on our property. Breard can't handle the amount of new residents in the sewer system that we have currently. So, I just don't know how we're going to tax it further. And that's just those are just my concerns. I'm definitely opposed. Thank you.

Thank you. Ma'am, if you want to come on up. And you know the drill too now.

Yes, sir. I do. Um, hi. My name is Katie Macccarver. Last name MC C A R V E R. And I live at 6680 McGrder Road. So, from my house, you from my back door, you can see the very tiptop of this piece of property that they're looking at to build this. And we are definitely opposed. My husband and I are definitely opposed to this. Um because uh kind of piggybacking off of what she said, and I'm glad you also brought it up, sir. The traffic would be uh monumental in my street, McGrder, is kind of that back road uh between Pine Island and and Tropical. And so, inevitably, especially since, you know, it hasn't been improved yet, like he was saying, that to have that left-hand turn and it's a lot of unanswered questions. It's a big concern of ours and mine and my neighbors that inevitably they're going these all of these um RVs are going to miss this turn and they're going to turn down Pine Island, come across McGrder where we do have children that play out there. We have a number of houses and things with small kids, myself included. And so, um, we're very much worried about that. And, um, and we just would ask that you would consider all of the neighbors back there that, um, live and have to deal with that traffic and things and the things that would come as a result of this and the worry that it's going to lower our property value as well to have like the tree line would help, but I can see the top of this property from my back door. And so, it's it's a concern for sure. And so, we appreciate your consideration that we oppose this.

Okay. Thank you. Thank you. Anyone else want to speak for against this item? Ma'am, if you could come on up. I just got to state your name and address and spell your last name for the record.

Thank you. Mary Hillberg, H I L L B, 3780 Sierra Drive, Merit Island. I'm um I'm on the uh North Merid Island special advisory board as well and um part four of the excellent staff comments that the staff has created for us uh noted that res one is in all directions of this property. So if um um when we have res one uh in every direction, then that would be our was our would be our recommendation that they would request uh if they were going to be changing zoning on the property. On maps 40, 40 on pages 40, 41, 42, and 45 of the staff comments. Uh it plainly demonstrates hydric soils, coastal flood zones, coastal high area hazard areas and scrubj um occupancy on all those areas respectively to suggest that traffic would not be um will be not negatively infected uh affected by this um um uh development or proposal uh is um absurd. It would be a real nightmare. It'll congest that whole curve and it is very congested now and it's not going to get any less. The North Merid Island Special Advisory Board voted to recommend denial of this application on the basis of administrative policies 3A B C D and administrative policy 4 A and B4 B 5B C and E and administrative policy.

Nope, you should still be on. administrative policy. Where am I? Um, there you are. 6 A and B and administrative policy 7 as well as section 62 1151 of the Bvard code 1 3 4 and 5 as well as factors to consider 1 3 and 5 as firm basis for denial. Uh we respectfully ask this board to follow our recommendations since we're we try to offer u an option. We would recommend res one. Okay. Thank you very much.

Thank you ma'am. Anyone else want to speak for or against this item? All right. I'm going to close it for public comment. Miss Rosena, if you could come back up, please. Thank you, chairman. I want to turn back to the zoning map again. There are many zonings in this area. We are not seeking a residential use. The need for the change is because this was schoolboard surplus property that is not being used as surplus. So, it needs a new use and this is along a commercial corridor. Uh, and with tourism the way it's becoming, uh, having these high-end luxury resorts that can have the RVs is going to be of great benefit to the community. The traffic concerns are not supported by the record, nor has any evidence been presented here today. In fact, the only evidence is the staff report. However, a traffic study will be required at site plan stage and that will require any turn lanes, whatever we need to do to make it safe because we don't want anyone in the community not to be safe. We don't want the persons that are staying here to not be safe. As to a commercial use, there may be a little general store for laundry, detergent, and beer, but there's a Circle K just less than half a mile down the street. So, there's not going to be full-blown commercial uses on this property. Looking at the staff report, when um you look at they're pretty much the same, but looking at the comprehensive plan analysis, it talks about the existing commercial development, talks about the

gas and convenience store, uh that there was a Dollar General store approved, talks about community commercial activities located south of the subject property. It does talk about this being a transitional area. It's not truly residential. It may be truly res and the outdoor development, excuse me, the outback development that Mr. Busen is working on um will be substantially buffered from here. And again, he is not an MIA appraiser. Mr. Kersben's not an MIA appraiser. No one here has said that there's going to be a depreciation value of their property by a high-end luxury RV park. Regarding the request for a site plan, uh Florida law does not require it. In fact, you cannot require it at zoning. It can be offered, but again, it's even not binding. You don't have a binding way to do that other than a binding development plan. there's conditions you want in the binding development plan such as buffering, no access on McGrder or things like that that can be put into a binding development plan. The drainage and flooding issues, those will obviously have to be addressed. Uh we're going through that right now with the the uh land alteration burrow pit spacew walk Groves are going through the storm water modeling program. It's costing them $40,000 just to have it run by the experts. So, it's something that this project will also have to do. Uh we're very aware of the the flooding and we don't want the site to flood either nor the neighbors to flood. Again, this development proposal is for commercial and not residential use.

Uh regarding the um statement that the administrative policies support denial, they do not. There's nothing in your staff report that supports denial. It supports perhaps a review of whether it's compatible. This is a commercial court or it's compatible. It can be more compatible by buffering. Uh there are no facts that are in the staff report or that was stated here today that support denial of this request. We have shown the need by the fact that this is surplus property that can only be developed for public facilities for governmentalmental land. And so a a zoning change is need. The request is for an RV park. And with that, um, again, we can answer any questions, but we ask for approval of both requests.

I bring it back to the board. Do we have any questions for Mr. Rosena? Uh, yes. U in the minutes from the North Merit Island meeting, uh, Mr. Wise said that u he expected there probably would be four to five sites I mean four to five uh yeah sites trailer sites on the property as opposed to the 10 that's allowed. I didn't I didn't find those minutes anywhere. They weren't up on the website this morning when I looked. So I don't

Mr. Wise, if you could come up and state your name and address and spell your last name for the record.

Thank you. Uh Jake Weise, civil engineer for the project, WIS. My address is 2651 West O'Gee Boulevard in Melbourne. Uh so yeah, I was I was representing the project at the North Island Special Advisory Board and uh they did ask about the uh intensity because it is a commercial use uh the number of potential sites. We've designed multiple RV parks in the past. Typically we end up somewhere between four or five or six units per acre. This site because it has some a triangular shape. It's a luxury. So bigger sites, more amenities, uh things like that, we anticipate to be towards the lower end. Um so that's why we discussed the less than 10 units an acre. I've never seen one that was that intense and we are again just at the initial stage of zoning and land use. So as Mr. Rosena identified earlier all the points of access, utility extensions, buffering, wetland preservation, all of those things are to be coming with the site plan and we don't have any objection at all to a binding development plan. uh we would be happy to do that as we move forward with our uh specific site plan for this but it's a unique piece of property. It was supposed to be for a school. So buses would have had to be coming and going. Your peak hour AM would have been pretty rough. RV parks are generally a very low traffic generator. There's not a lot of traffic coming and going on a daily basis for them. Any type of uh commercial type of use as Mr. Ros identified would be accessory to the RV park to provide uh like at a campground store or something like that for the residents as well. Um so I think I answered your question.

I think yes. Thank you. I just uh was wondering if you would be willing to Miss Bzinka said you might entertain a BDP uh for example uh one that restricts the number of sites to say five or to six. Yeah. ultimately rather than leaving at 10. So that Yes. Yes sir. Um 10 definitely would be high in our experience and so that is just the maximum that this zoning code happens to allow. I was wondering if you would be willing to entertain a BDP that would limit it to say six.

Uh that's something I'll have to just confer with our client and I can give you a quick answer on that. Okay. And the other issue that I heard was uh traffic entrance away. I mean uh entrance into the property and out how it exit only on State Road 3 as opposed to using some of the side streets.

Yeah, we definitely would not use the um residential road um to the north of us. That definitely would not be our access at all. We fully anticipate, as I stated in the other meeting, that it would be coming off of North Courtourtney, but we'd have to of course work that out with DOT. Um, so without a site specific site plan, we don't know with 100% certainty how that'll be, but we would fully anticipate just like if it was a school site, school buses would have access to it from the main road. Typically, we would have the same. There could be a median cut that allows left ingress only. There's a lot of different things we can do to make sure there's plenty of safe travel. There's nothing we want more than to be able to come and go from a luxury RV park safely for the traveling public and for the residents. We're very well aware of uh how busy it is in the uh PM peak hour, especially when uh people are leaving the space center uh in the evening. I grew up in Merid Island. I graduated from Merid Island High School. So, I've been in this area a long time. I used to chase the ostriches even at the farm there. So, uh, completely, uh, aware of that and the especially the special flood zone areas. It's got a lot of different overlay districts. It's got the AE zoning on it and X zoning. Uh, so that'll be a big part of our overall site plan by county rule, by DOT rule, by state statute with St. John's. Uh, we're not allowed to do anything that would impact an adjacent property. Uh, so we will have to maintain all of our storm water on site. will provide a higher efficiency nutrient removal and all the other requirements that they have in addition to the compensatory storage because it's in Merid Island north of Hall Road. There's also additional restrictions for that as well.

Okay. Thank you. Any other questions for the applicant? I I have one and maybe it's just an oversight on my part, but um Mr. for Zanka had said that it's commercial so we're not worried about increasing density you know in this area but it is increasing density in a coastal high hazard area is it not it is significantly increasing density so so density is based on residential uses and because the commercial use they look at it as intensity that's how the staff reports written that's how it's um done so yes it does would increase

any use on this site especially a school for example le which was the attention uh would significantly increase trips and so that would be the case for any type of development on the site at all would be an increase in trips. Uh but we're uh we're proposing one that is a very very low trip generation trip generator compared to most uh single family house town homes uh typically is 10 trips a day RV parks like three or four. So it's a significant reduction. Thank you. Any other questions by board? Anna, did I see your finger?

I'm sorry. Oh, my screen. Okay.

Are we done with both of them? Since you give me an opportunity, I can ask a question. Sure. Um, sorry Jake, you I know you're almost back there. Okay, perfect. In the meeting minutes from North Island, you had mentioned there was talk about this tree buffer and you had mentioned that that was a great idea and the intent was to kind of create a more mature this place has been here for a while. Can you talk about that a little bit? I know it's not part of a site plan requirement. It's not technically in here, but can you give us an idea of the flavor of what you're looking for? Are you trying to design or will you be trying to design around some of the larger trees and kind of create those moments or do we just not know that yet?

Yeah. So, um, what we typically do on most of our site plans is because of the new requirements, especially in Merit Island, we elevate the sites to provide the treatment to not allow any runoff. So, our preservation opportunities are typically mostly around the perimeter. And as I mentioned in the meeting, they were looking at some pictures with a beautiful mountain landscape in the back from the state of Washington. So it was in a valley. So they were trying to compare that project to what it would look like. And so we're explaining that we wanted to have established preservation trees as much as we could around the perimeter where we're not typically elevating the site. Um and then we have more than likely some wetland preservation areas and an upland buffer typically that we would preserve. I heard about a beautiful botanical garden on the other project nearby. We probably have similar uh vegetation and trees. So there might be an opportunity for something similar to uh what they were talking about earlier. Uh so yeah, that's our best opportunity is that and we do want it to look mature. We do want to buffer especially the residential to the north. Um but we want it to be an attractive luxurious site that will be successful. And so that is the key component to that. And we will do a very specific site tree survey and we'll make sure that we work around all the native mature trees as best we can.

Done with it. You ready? You need it?

Yeah, we're done. I'm gonna sit down because I'm gonna hopefully unload. Um, I probably know Mayor Donald as good as any. And uh, we have really worked hard up there to try to make the North Courtney corridor a business corridor. and we've tried not to add the negative impacts of some of the things that have gone through there. Um, this this site just doesn't justify in in anybody's mind that the the true Merit Islanders where it makes sense to operate or to have this in this triangle. you you got a tremendous tremendous business and you got you had two great spokesmans today uh to talk about a a a piece there that has been under development for four years just trying to get the permits and try to meet all the requirements etc etc and now this thing has become a three and $400,000 a lot location and that's what you really want up there everybody owns land up there. I'm just I'm one of those people. We all own land and when you start talking about more modular homes, RV things, the inside talk is up there. They call it the combat zone. Nobody said, "Oh, nobody's nobody said that today." But nobody checked with the sheriff's

office. How many times you go up there and there's negative things going on up there? You can't get a pizza delivered to your h home in North Bar Island on a tremendous piece of land because they don't want to go up there. They're not going to tell you that. But it it's just you have to understand that area up there. It's just it's not designed it's designed for houses of major magnitude. You got Blue Origin just surrounds us. You got SpaceX that tries to buy us out every day. And so this is not a by no means I I there is no way I can support anything. I can't support a binding development plan for anything other than it's just not conducive to North Maron.

That's it. Anybody else? I'm going to make a motion we deny the request today. Second. We got a motion by this is for item H3, the LPA item. Got a motion by Henry to deny, a second by Robert. All those in favor to deny say I. I. Any opposed? Nay. Who is that? And that's Robert. Okay. Item H4.

Do what? Item. Well, they're they're running in pairs. I make a motion we also deny H4. I'll second it. Motion by Henry, a second by Erica. All those in favor say I. I. Any opposed? Nay.

Mr. Robert. All right. Meeting adjourned. The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of county commissioners of Bvard County, Florida, 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,