Planning and Zoning Board & Local Planning Agency - Regular Meeting

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Heat. Hey. Hey. Board of County Commissioners acts as a quasi judicial body when it hears 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. I'd like to first um call on uh Pastor Jeremy Copek, Faith Baptist Church to lead us in the invocation.

Thank you. Thank you. It's a privilege to be here. Let's bow our heads, please. Dear God in heaven, Father, we thank you so much for calling us together this evening. We ask your blessings upon this meeting. I pray that you'd bless these men and these women, Lord, who have come to do your business. We pray that you will help us this evening, that we'll be a blessing to this to this town, to this this county. We thank you for Bard County, Father. We pray that you'll help us to do good work here that will resonate in this place. That our children and grandchildren will come behind us and declare that we did good things here, that we did hard things here. May we have courage to do right things. I pray that your fear would be in our minds and your wisdom would be in our hearts. Lord, give us mercy and grace this evening so that we can work together. More than anything, Lord, it's on our minds and our hearts right now what Jesus has done as he came to be our savior. And we thank you for him. We thank you for the cross. We thank you for the hope of eternal life and the resurrection of Jesus Christ. So please turn all of our hearts to yourself. I pray dear father and to your son Jesus. It's in his name we pray. Amen.

Amen. Thank you. Okay. Please stand for the pledge. Pledge allegiance to the flag of America and to the republic for it stands. One nation under God, indivisible, with liberty and justice for all.

Okay. Um, m Mr. Chair, yes. I I didn't want to forget. Uh, I'd like to make a motion to allow Commissioner Goodson to uh participate by phone. I'd like to second that motion. A motion and a second to allow Commissioner Goodson to attend by phone. and he's on the phone with us. Uh all in favor say I. I. I. Motion carries unanimously.

Okay. Um first item uh on the U agenda is the consent agenda. The entire consent agenda will be passed in one motion to include any under section F. Are there any items to be removed from the consent or any cards that we have on the consent? We have no cards. No cards. Okay. A motion would be in order. So moved. I'll second. Motion with second on the consent agenda. All in favor say I. I. Motion carries.

Motion carries unanimous. Unanimously. Uh okay. Our next part of our agenda is the public comment portion of the agenda. Um now members can only speak. We have two public agenda sections. Members cannot speak on under both one or the other. Do we have any cards? No cards for this section of the public agenda. Item H one. Like to have staff read that into the record. But before we do that, I'm sorry.

I think we do have an item that that has a lot of people here that may be tabled. Uh do you want to uh commissioner? not necessarily right now. We um the answer to that would generally depend on what the amendments would be that come back from the applicant. I will just note that in this case the statutory timelines uh for the six-month 180day timeline from when the application was complete would run in miday. So, absent a waiver from the applicant, the board is required to take action on this item at its May 7th meeting, which is his last zoning meeting before those timelines expire.

Okay. All right.

Yes, I have a question. Okay. Commission Commissioner,

thank you. Um I just for the sake of the public, can you explain Billy a little bit about if if the area got expanded that could trigger this to all restart again? So either if we take up this item today and say the board decides to deny it, the applicant can come forward with a new plan with the expanded land and this process starts all over again. Generally speaking, if the board denies a resoning application, the applicant is barred from making the same resoning application for 6 months. However, if it's a substantial amendment, that really just depends on what the the applicant changes with it. They would be able to make a new application uh immediately. I believe

the the board could wave the six-month period depending upon consideration of certain factors and those factors include whether the new application constitutes a proposed zoning classification or conditional use of a different character. I mean, frankly, if the applicant was considering bringing in another property or doing something different and was concerned about the six-month waiting period, probably better to withdraw it than go forward if there was a chance that the board might deny. that the applicant has requested a continuence. And I'm sure I won't speak for Mr. Rosena, but I'm sure they would agree to a waiver of the 180day time limit if the request was granted.

Okay, Miss Rosena, I didn't know. Chair, I'd like to make a motion for continuance and I will wave the 180 days and I'll second it. Okay, there's a motion and a second um by Commissioner Atkinson. Any discussion? Uh all those in favor of the motion signify by saying I I opposed. I motion carries unanimously. Okay. And if I could I'm sorry, Mr. Chair, if I could just clarify for the record so we don't have to readvertise that was to the May 7th BOCC zoning meeting 5:00 PM. Okay. We didn't want to know. Yes.

Yeah. Okay. Okay, we want to get that out of the way so people wouldn't be

Mr. Chair, may I explain that to the folks who are still here in the audience? Uh if if you're here for item H3, which was merit bid co requesting a zoning classification change for a property at Courtney and Pioneer, the applicant for that is looking at maybe making some changes involving the acquisition of a property there at the corner. Um, so they have asked for additional time to see if they're going to bring that property in or not. If they do, they may have to go through the whole application process and planning and zoning and back here again. Uh, they may not. Right now, they're scheduled to come back. It was continued to this board's meeting on Tuesday, May 7th. Um, if they do something substantially different that makes it a new application, they won't be advertised for a meeting on May 7th. It'll be at sometime in the future, but that's that's not going to be heard tonight. If you're here for that item,

we can still talk under public comments though about it. It's just not official records. That's what Vincent stated when I spoke with you. You can you can it won't be considered part of the record for any appeal or any consideration of the item in the future. But absolutely, you can talk for I mean technically in public comments because it's on the agenda, you're only supposed to speak to things that aren't on the agenda on public comment. But I'm sure since you're here, the board will hear you, but it won't be part of the official record on the item.

Yeah, we don't have any card under public appearance need. church. May I, Mr. Chair, respond? I I believe it's the medical building, but you'd have to ask ask the applicant. I believe it's the property at the norththeast corner, but you'd have to speak to the applicant. I have a question about that. If they acquire that property, are they going to be putting more units in? I I can't speak to that. We have no idea. Don't know. We won't know

if they change it that substantially. Would that still um be allowed? I mean, if they did that, they'd have to start with the process all over.

If they don't change anything substantial, they'll come forward at May 7 with the application pretty much as it exists. Now, if they make any major changes, it will probably have to go through additional process, but we won't know that until they go back and and tell us what they're going to do. So, right now, it's on the calendar for May 7th. If nothing changes, if they make changes to what's substantial changes to what's substantial. Yeah, what my question this is our second time, our second continuous, Mr. Chair, may Yeah, let's let him answer I understand folks. Obviously, anything that involves more units, for example, would be substantial. Uh

yeah, we'll just have to wait and see. Now, I think this is the last time they would be able to have a continuence. Is that true under the statute? So, the board can grant additional continuences. We have a time limitation, but as long as they're willing to wave it, it would be within the board's discretion. But because the public hearing is open, they're not automatically entitled to future tableabling or continuances. But given the nature of the request this time is it's pretty significant because of the potential acquisition of that other property. And I think they want to have meetings with the neighbors and maybe there's some things they can do to make it more palatable, but Okay. All right, folks. All right, that's it.

Understand. Thank you for coming out. I appreciate the time you've come out and uh hopefully we'll see you on May 7th. Okay. All right. Let's move to just say one. Yes. If anybody does want to say anything, you just have to fill out a new card for general public comment. Okay. Let's show up. We're here. So, we can fill out a card and comment today. Yes. It just is not official record, but stay in support against your

technically. It's not. It's an item on the agenda. It's been tabled. So, all right. Let's go to H2. Um, actually H1 item H1 is SFT4 LLC and MOSS 18 LLC being represented by Stephanie Harris. Request a CUP for alcoholic beverages for on premises consumption in conjunction with a tiki bar in SR zoning classification under application 25Z0060 located in district 3. Mr. Chair, I make a motion to approve. Second.

There's a motion to approve and a second. All in favor say I. I. I. Motion carries. I motion carries unanimous unanimously. H3. Mr. Chair, I mean H2. Mr. Chair, I'm sorry. I I I forgot to say that planning and zoning board recommended a um condition for approval. That condition was um hours of operation from 1 to 6 pm for serving alcohol. So that should be considered with your um with your motion. I would like to not have it part of my motion. Thank you. That's on you. You still second that. Yes. Okay. All right. So it's not a part of the motion and the second of that motion concurs with that as well. So

yep, we're good. All right. All right. We're good. H

two. to ambiwith uh LLC being represented by Mr. Ivet Ro um Everett RO request a change in zoning classification from AU to RU-1-11 under application 25Z 000063. This is located in district 1. I also wanted to say for the record that the staff report said that um Mr. role would need to um get a variance to make this work. The the division of three that is not true. There is a um survey in the packet that shows the division of the lot into three. So, it will fit and meet the RU 1111.

Were there Oh, sorry. Go ahead. Go ahead. Were there any um recommendations from PNZ? No, they recommended approval. Okay. With that, I'd like to make a motion to approve. I'll second. It's a motion and a second. We do have a card for ever roll. Um, all those in favor say I. I. Post. I. Carries. Unanimous. Thank you, Everett. Thank you. Okay, that's the last item.

Mr. Chair, yes. Would you mind if I address quickly the the folks who seem to have stayed for Merit Island Bidco to talk about it? Because so we have a quasi judicial hearing process. In that process, both sides are involved. The applicant is no longer here. There's a public hearing that was advertised. If you speak on that item that's on the agenda, which our public comment is supposed to be for items that are not on the agenda, I'm going to have to caution the board that they can't consider that in any future actions on the property. If they ever deny an application associated with the property, and there's an appeal by the other side, they may very well use the participation tonight during public comment as a grounds to try to challenge any action the board takes. So, I would strongly caution against speaking to that item. come back and speak during a public hearing on the item. That's the only way anything you say can be considered with regard to the application on the item. Um, and those those are the rules of the hearing. Uh, I I can't tell you what you say during your public comment. Um, but there there are problems associated with it if you do it outside of our public hearing process.

But it's been continued to May 7. That is the public hearing right now. That was where the board continued it to. And there'll be an if that's changed there will be an advertisement. Absolutely. Absolutely. Yes.

Mr. Sure. Uh for the folks that have the card, if we have their cards, if they write their email address, we can get uh with with Billy and and we can have him reach out to you if there's any notice of change and also identify when the planning meeting would be the planning and zoning board LPA if that would be necessary as well and when that would occur. Do we have the email addresses on this? They're not on these cards, but they could give it as they leave. Yeah. If you and do you all get do you all get emails from the North Mid Island Homeowners Association or Can we get our cards back?

Yeah, let's do that. We'll give the cards back out and they can put the email addresses on the card. Yeah. Thanks. We do have one public comment that was not part of Okay. that I believe. Okay. Okay, let's hear the one public comment that we have that's not a part of the zoning and we'll have staff get the cards back so we can keep you informed. We don't want you to speak and kind of weaken jeopardize your position.

Sorry, excuse me. Um, Jerard classroom. Good evening, commissioners. How much time do I get? Three minutes. Um, good evening. Um, I have to say I was a little surprised tonight. You guys really impressed me. Uh, Mr. Morrison Morris, you you Mr. Sorry, Mr. Richardson, you you did a great job. I mean, I know you don't need my validation, but really great job explaining to the people the the the legal the legal thing behind the whole the whole action. So, well done. And and Mrs. Mrs. Ms. Adinson, great job on on the on the alcohol application. Nothing to do with me, but great job on that. I'm here to speak about the budget. You guys have a tough job standing up against bureaucracy. It's very very hard. It's nearly impossible because it's like fighting dough. Just keeps coming. Okay. Now I I looked at I looked at the budget for last year and I looked at the reason given uh for one of the biggest I think the biggest department one of the biggest departments we have other than a capital expenditure is is the sheriff's department because they a big department very important department. Um, so last year they were arguing that you guys need to give them more money because their their their payers stayed back, stay behind the rest of the people. And um they used um interesting very uh um convincing figures for that. Um they started off by saying that um in 2024 um you know um they were at a certain place and then in 2025 they ended up at um another place. But basically what the state department said they moved from being up here to like

way down here in the rankings and because of that they needed to get an increase but that rankings are only the starting pay. Now the starting pay is one thing. What you have to look at is what what are people actually getting because it's when you look at the starting pay is like 50,000. Wow that's not a lot of money. I pay myself last year 5,000 59,28 bucks. It's not a lot of money. You can't I mean I live on on on on savings but um so 50,000 is not a lot of money. I understand that. You feel sorry for the guy. But guys after when everything was said and done the budget but but but passed allotted $112,000 per person in that department. $112,000 for compensation. Now, that's a lot of money. That's not a poor person anymore. And then we gave them a 9% increase. If you guys need help, guys, I I'm not I'm not an expert. I I I'm just a small businessman, but I've run businesses most of my life and and looking at the numbers and so it's really important. If you guys need help, there's people that can help you to just look at what they say because they use statistics to make their point. And any lawyer can do that, but that's not the re reality. Sorry, I'm over the time. Thank you for your time. I really appreciate you guys and I mean it. I I I I want us to be successful and to be successful, we've got to stop spending money just because they say we should. Uh thank you. Thank you.

Thank you for your for your input. Okay, we will go to uh board reports. Uh county manager Maybe Tad, did you have a report tonight? No report. No report. Uh, county attorney. I have no report. Mr. Chair, District 1,

I uh didn't have anything prepared, but I I did um stop by the zoo this week and they have a pretty incredible uh new thing that's going on and um it's it is magical. Um it's they've got all of these light up um beautiful things to walk through through the through the zoo and I just really wanted to um just give them a shout out and everybody should go by there and um participate because it's only open for a couple months and um it's it's a new cool thing in the area and if you've got kids or um really all ages I think would en enjoy it. It's It's pretty cool. So, um definitely check out the new things that are going on at the zoo.

So, you're there at night? Yes. So, I was there during the day, but I haven't seen it lit up. Okay. Oh, yeah. It's good to know. Thank you. Um District two, nothing, sir. Thank you, Commissioner. District three, no report. No report. District four. Last night I was at a dinner and we all stopped to go outside to watch the uh rocket take off. Uh it was it was a proud moment to um be a commissioner in Bvard County and a resident of of Bvard County. So we wish them uh Godspeed.

Ditto. Well said. And I have no can add to that but I support that and I have no report and I'll adjourn the meeting. 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. baby. Hello. Hello.