##VIDEO ID:Vk5-39ncwmM## [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] e [Music] Board of County Commissioners acts as a quasi judicial body when ad 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 rezoned 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 otherwise 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 5 minutes to speak speakers may not pass their time to someone else in order to give that person more time to speak thank you on behalf of the of the county we like to Bri invocation and a prayer oh thou compassionate Lord thou who art the generous and able we are Servants of thine sheltered beneath thy Providence cast thy glance of favor upon us give light to our eyes hearing to our ears and understanding and love to our hearts render our souls joyous and happy through thy Glad Tidings oh Lord point out to us the pathway of thy kingdom and resuscitate all of us through the breaths of the Holy Spirit bestow upon us the Everlasting and confer Upon Us NeverEnding honor unify Mankind and illumin the world of humanity may we follow thy Pathway Long for thy good pleasure and seek the mysteries of thy kingdom oh God unite us and connect our hearts with the insoluble Bond verily Thou Art The Giver Thou Art the kind one and thou art the almighty thank you thank you very much uh we'll leave have the pledge by commissioner Rita pritchet please please stand ALG to the FL of the United States of America and to the for stands indivisible I do not see any minutes that need to be approved for this particular meeting today um we have no consent agenda uh public comments are not here tonight so let's go to H1 and I believe that would be Ed Ed are you up Mr chair I I need to read the item into je I'm sorry I thought this was water supply facilities excuse me Jeff go ahead please it it is so item H1 is the adoption of the water supply facilities work plan and related amendments to the comprehensive plan and this uh um applies to all uh commission districts uh to comply with the statutory requirements the attached ordinance amends the poble water element of the comprehensive plan with the updated 20 uh 35 water supply facilities work plan and amends the various policies with the conservation potable water sanitary sewer intergovernmental improvements elements of the comprehensive plan for consistency with the water supply facilities work plan so on April 4th 2024 the board approved transmitt of the water supply facilities work plan uh on uh June 18th Florida commerce issued the objections recommendations and comment report this report identified no objections made no recommendations and provided no comments that must be addressed prior to adoption of the water supply facilities work plan and related comprehensive plan Amendment to the board on August 12th 2024 the local planning agency recommended approval of the adoption of the water supply facilities uh work plan and the related comprehensive plan amendments um staff is here to answer any questions that the board might have thank you okay um sandre elivan I believe you filled out a card is there someone else first before me pardon me ma'am is there anyone before me no ma'am else okay one second okay Sanders what the clock reset please I haven't started the clock is ticking I have not started thank you okay Sandra Sullivan South Patrick Shores so for this particular item you get the Hat very seldom do you get the Hat but this is about this is about uh septic or toilet to tap as we call it forever toilet tap right this is about in uh Rick Scott vetoed the toilet to tap legislation and DeSantis approved it um so in this you're making comprehensive plan changes to facil facilitate this and um I just think there should be a whole lot more transparency to the people about what you're doing and so in a recent meeting I left the house an item was not on the agenda I arrive here as an add-on for uh basically a study that I did record request on you're doing another another study to essentially put um uh new facility according to this a new facility I I know this is comp plan but the comp is enabling this according to this study you're putting a sewage treatment plant up at in the vicinity of of Tao um and the report talks about partnership funding partnership potentially with a private sector person to do this sewage plant that just raises a question whether the bright line acquisition for 388,000 388 million is what we're talking about we're also talking about with this a new tax on the people this is called a tax increment reinvestment Zone never heard of it um and essentially what it is for is to put uh it is a study that was done for space Florida and for the cape so that we can find a taxing mechanism essentially to put this on We the People for we the money interests and so they have phase one phase 2 phase three and how they're going to do this with temporarily the Sykes Creek of course you know you can't have this topic without discussing the legislative change this year um that change it so we can put Senate Bill 102 the live local not so local um tax incentives Etc and density bonus density for developers on space Florida I bet most people don't know that and then at a recent lagun meeting showing the tripling the size of merid island of course there's lots and lots of flooding issues there so I'll leave you with my very creative artwork um I am very much against this comp plan change thank you very much is there any uh questions from the commission motion to approve a motion to approve by commissioner Pritchard is there a second second commissioner Goodson seconds any more discussion all in favor signify by saying I I all oppose nay motion carries all right let's go to item H2 item H2 is Gerald Patterson request a change of Zone and classification from G could you move a little bit closer to that mhone please yeah let me let me move thank you very much how's that is that better that's better thank you okay so H2 is Gerald Patterson requested to change zoning classification from gu to RR mh-1 uh application number is 24z 0022 tax account number is 2 00981 located District 1 okay um ra yes sir we don't have any cards and this is um a simple project in district one so I'd like to make a motion to approve it motion by commissioner pritet to approve is there a second it's been seconded by commissioner toaya any discussion hearing no discussion all in favor signify by saying I all oppose nay the motion carried H3 Jeff please home nation Coco Lo requests to change the Zone in classification from Au to ru- 1-11 application number is 24z 0027 tax account number is 241 9394 located District 2 okay um Susan Martin yes would that be you Susan Martini okay go ahead you have the floor uh when we purchased this property it was zoned as agricultural Au and we need it reson because it no longer qualifies per lot size for Au in the county and we're going to do a single family residence on there okay commissioner Goodson this is your District I'd like to make a motion for approval motion by commissioner Goodson to approve is there a second second seconded by commissioner felner any discussion from the board hearing no discussion all in favor signify by saying I all oppose nay the motion carries thank you so very much all right let's move on to uh H4 thank you Mr chair item four is barrows West hotel developers loc requests a cup for on premise consumption of alcohol and AUD zoning classification application numbers 2 4z 0030 tax account number is 303 0319 located District 4 commissioner p is your light on no sir that was the last night okay uh commissioner I'll make a motion to approve motion to approved by commissioner felner is there a second second commissioner Tobias seconds any discussion hearing no discussion all in favor signify by saying I I'll oppose nay the motion carries let's go to H5 Jeff please Paul and Lori and Futrell request a change the owning classification from ru- 1-7 to Ru 1-11 application number is 24z 0028 tax account number is 280 2480 located in District 5 okay is there any comments from the commission it's my district I U I like it I I don't think there's any problems with it so motion TI motion to approve by commissioner pritchet seconded by commissioner felner all in favor signify by saying I I'll oppose nay saved you a little bit of work didn't we thank you very much all right now if the rest of the agenda could go that fast it'd be really a great night all right let's go to 87 Aaron reneger Mr chair items uh H6 and H7 are companion applications I'm going to read them into the record together however you'll have to have separate motions for each item H6 say Aon readinger requests a small scale comprehensive plan Amendment 24 s02 to change the future land use designation from agricultural to Res 6 application numbers 24 SS 00002 tax account numbers are 22219 22228 29331 and 32 located in District 1 uh item seven is Aaron reninger request a changes doning classification from RR mh-1 to tr3 with an uh amended bdp um 24z 00005 tax account number is 22219 22 um 28 22229 2230 2231 2 uh 2232 located in District 1 I do want to mention that the application was advertised with an amended bdp currently there is no uh bdp um currently on the property uh when these items went to the LPA and P and z uh both were recommended for denial thank you Mr chair okay Mr Ranka I believe you're up good evening chairman members of County Commission I'm Kim renka Lacy L renka 1290 US1 in rockage Florida I'm here on behalf of Aaron reneger who is with me here today this is a request for a change of the future land use and a change of zoning on 17.01 Acres uh if you've read the Planning and Zoning minutes there was quite a bit of um distaste for this project my client listened to what they said and he has come back and he is now requesting to change the future land 's request to one to 2.5 acres so and the zoning to RR m2.5 so that means every lot would be 2 and A2 acres and it would have um they would only have six acres I mean six Lots uh this is a very compatible with what's out there what's around it is 1 acre 2 acre 3 Acre it's on a dirt road uh the residents thought it was too dense my client listened and so now we've asked to change it right now it's an agricultural future Lane use of five units the acre with a rrm1 zoning which is one units the acre so right now we have an inconsistency he couldn't build anything there anyway so what we would like to do is um suggest that this character of this area this is compliant with the character of the area um he can do single family homes he's going to do a subdivision of six lots and it will be a completely well a bit different than what he had planned before but he still hopes to be able to do either the tiny homes or the manufactured homes which are out there already um the manufactured homes and to make it more affordable and so um with that we are happy to answer questions Mr reninger is here um but we believe that this will hopefully um satisfy the residents and help them realize that he does indeed want to be a good neighbor with that we'd ask that you accept an amended application um and also with the bdp um we've already had a bdp but this would um actually limit the development to six units the acre um we would comply with the subdivision and plat code which is article 7 of chapter 62 and that um apparently there's some code enforcement actions out there that those would have to be um they would have to be uh remedied resolved prior to any building permits being issued so there'd be three conditions of a building of a binding development plan and with that um we're here to answer any questions and listen to The Neighbors in case they they don't like this still there may be more conditions that they want but we we think this hopefully will help Mr rank would you like the questions now or would you wait till later I'd go ahead and take the questions now sir okay commission uh is there any questions absolutely commissioner pritet you have the floor I just like questions okay okay all right uh thank you so much uh Mr Brooks Bob Brooks that is Bob Brooks isn't it right here okay thank you Bob come on up good afternoon uh my name is Bob Brooks I'm at 4725 Gandy Road the direct neighbor of Mr renar's property I came here directly to um U go against the plan for the tiny home development Andor uh Mobile Home Development um this changes everything so I don't really have a lot to say at the moment um if it were stated to six homes with a little bit more research I think I'd probably be behind that and again I'm the direct neighbor um I just didn't want 30 homes behind my house so that's really all I have to say cuz that's sort of change gears uh Midstream So yeah thank you so much so the rest of the cards that come up if you are the same way as Mr Brooks is uh you can just say I wave in favor or I wave an opponent or you can speak that's completely up to you Ken Harrison Ken Harrison 4960 Gandy Road I'm going to speak to this as if it were under the previous plan um code of ordinances 62-12 55 code of ordinances of bavard County Florida establishment of zoning classifications in consistency with Comprehensive plans 62-12 55 A1C current zoning is agricultural 62-12 55 a8b requested zoning is residential six the 1988 County comprehensive plan establishes specific future land use designations which are depicted on the future land use map within the future land use element this plan is further reinforced by the April 2007 Mims small area study both the 1988 comprehensive plan and the 2007 Mims area small area study determine the future land use to be Agricultural and set limits to one dwelling unit per 5 Acres west of Meadow Green Road properties with approved RR mh1 Au and AGR zoning classifications prior to the study were retained and adopted this property is located in this zoning classification area and an increase in density would be an encroachment into the existing neighborhood the subject property does not serve as a transition between areas with land use designations of six units per acre or existing land use designations equal to no more than one unit per acre administrative policy 3 traffic safety issues due to increased traffic material reduction of property values due to higher density in tiny Homes Real Estate comparable sales values for the subject area will decrease proposed use is not consistent with the emerging or ex or existing pattern of surrounding development as determined through analysis of historical and use patterns actual development over the immediately preceding 3 years six new block single family residences were built in the last 3 years two of them border the subject property development approved but not constructed is one single family Residence at 4110 hog Valley Road proposed use will result in a material violation of relevant policies Wetlands destructions have occurred policy four character of a neighborhood the character of the neighborhood or area will be materially or adversely affect affected by the proposed rezoning or land use application the proposed rezoning and land use will cause a 200% increase in traffic on Gandy Road there are 14 single family residences on Gandy Road 30 more single family residences will cause a burden in significant safety and convenience issues on an already poorly maintained dirt road that is only graded 12 times a year the road is too narrow for two cars to pass each other at certain points poorly rained and unstable with loose soil the subject property is part of Indian River Park Indian River Park is a clearly established residential neighborhood platted in 1914 the South border is especially defined as the South line of the Bernardo sequ land grant and has been mapped as such since the Spanish land grants the subject property South Line is also the South border of Indian River Park the Northwest and East boundaries are designated as agricultural land use with agricultural zoning to the South is public conservation with General use and agricultural zoning the requested zoning and Fu could change the subject property to commercial use if rent is charged there are no commercial use properties in the entire area the area is not considered transitional policy five if the residents of proposed zoning change utilize public transportation it would have a significant impact the physical quality of G Road will suffer significant deterioration with a 200% increase in traffic on a poorly maintained road with the road loose soils of Gandy roads cause a traffic safety concern for pedestrians it is likely Gandy Road would suffer adverse changes from the type of traffic that would be generated physical deterioration would occur from larger truck deliveries policy six the proposed rezoning and fu is not consistent with all written Land Development policies set forth in the administ trative policies including pable water sanitary sewer and surface water policy seven the subject property contains mapped National Wetlands inventory St John's River Water Management District wetlands and hydric soils per section 6236 94 C1 residential land uses within Wetlands shall be limited to not more than one dwelling per unit per 5 Acres the applicants have filled and cleared subject property without proper permits and are in clear violation of County codes thank you very much sir okay um Stephanie Knight I just wanted to make sure before you get started I'm sorry that everybody heard the changes that Mrs Ranka made prior to the time that you speak I just wanted to make sure true it's kind of hard cuz we already prepared for so had we know that in advance then we probably could have prepared for her new update yeah go ahead commissioner I would not have approved 30 Lots out there um it wouldn't fit with y'all at all so if You' guys got some input on this I was actually thinking if they could come up with something with six to eight and they've come at six so if you guys got any ideas on on any other criteria you might have but I got a list of the bdp they're willing to do too and it actually kind of seems like a good fit for y'all so um if you've got any other suggestions with that I'm all yours right now well the main question is can that be changed because if he's having a binding development can at any time they can just change that binding development when it's binding they have to stick to it they cannot change it circumstances not unless they come back and get a whole another board to agree to it'd be like Chang in their zoning so we' redo what we just did we would all have to come back everybody would get to come back yeah okay okay and I apologize for stopping but I just wanted to make it abundant it's fine you're not taking clear what's on the what's on the on the table right now Jeff do you have any comments that you want to make on that no uh you want to continue on with uh I'll make yeah I'll make it quick I mean okay thank you go ahead um my biggest concern to having what he's now asking for is again like what was said before the wetlands he has destroyed Wetlands if you would notice in some of the maps that you were given by Mr Harrison you'll notice that the entryway into his property I think it's on map uh 7even is what wet lands so all that was destroyed in order to even get to his property so I understand he's wanting now only six houses for the amount of acreage that he has but the fact is that he is now going over the wetlands that he destroyed in order to even get to his property in first place so it kind of put a dirty taste in everybody's mouth that had he not destroyed that in the first place he wouldn't even be able to get to his property so you know if if he would just say stick with what he had at the beginning and done it the right way to begin with then this wouldn't even be an issue and we wouldn't be asking for 30 3 6 whatever the case may be unfortunately um so you know that would be my biggest concern and then just you know not being able to ever change it I don't like the fact that it is tiny homes mobile homes fine you know but tiny homes brings in a whole different amount of people once again I don't believe that we're talking about tiny homes here well he did say he did mention tiny homes or mobile homes or excuse mea did um so um so with that being said with the code violations that he has already on the property and the fact that he has to drive over the wetlands other than that would be just the septic issues which again if he only has six for 17 Acres I guess there wouldn't be a septic issue so thank you uh Elena Walsh I'm ready Alana Walsh 4855 Gandy road so I of course also was prepared to come and talk about the proposal for 30 homes I think they had ample time and opportunity to let us know they were going to change the plan and failed to do so um I can I ask a question to either Kima Aaron sure go ahead I was just wondering is it still going to be like a mobile home park are they still going to be rented out or are they going to sell these properties you you can ask a question I don't know that we're going to be able to answer that question right now but we'll look into that write it down ask okay cuz that's one of the concerns if they're rentals all right go ahead with the are are you finished I mean I was I came prepared to talk about 30 and we didn't know that it was changing so look when something like this happens and it happens for the better which I I think this does uh you know you have to take it when you can get it so if you have any other discussion in regards to what's on the table go ahead and talk about it if not we'll continue on with the hearing and see where this goes I I mean as a community member just the fact that it changed and we didn't know is disheartening yes ma'am it's quite frustrating sometimes these things all right um Mr Walsh Brian Walsh good evening y'all um my my main concern here is if they're going to be rentals or if it's going to be ran in traditional mobile home park or single family dwellings which would be nice to have the answer to just for crime and everything else that'll be in the area so just following up with what my wife was asking all right thank you I think Miss Pritchard said she's going to ask that question when we get the applicant back up uh Patricia Frank good evening hi good evening um yes I'm Patricia Frank or Patty Frank I grew up on the corner of us one in a Rancher Road when a Rancher Road was a dirt road I've lived out there for almost uh most of my 63 years I've seen a lot of changes come and go and the uh the impact that the extra traffic dump trucks semis heavy equipments that's going to have an imp impact on arancha road Meadow Green Harrison Road Hog Valley Road because there's only one way in and one way out to Gandy road so it doesn't just affect Gandy it affects all the people that live along a Rancher metag green Harrison hog Valley and Gandy now we got potholes in a Rancher road that have yet to be fixed or maintained as it is we can't get it fixed and now we're going to have more traffic on a Rancher Road and how that extra traffic is going to impact the intersection where the Circle K is right there they've been doing improvements uh fpl's been out there burying the electrical lines we've had a lot of work trucks and there's a lot of lot of places on a Rancher road that needs repair what what about us our our taxes going to be increased to pay for uh repaving the road because getting out to Gandy Road all this heavy equipment is going to have a negative impact on our infrastructure so that's my question that's my concern um why should we have to pay what gets torn up for this fella to bring his pipe dream to fruition we shouldn't and uh you I just like to see our growth be managed in a positive way thank you all very much thank you ma'am Corey Ro uh is it Roberson Rober pardon me sir Robertson right yes sir oh thank you how we doing good good I live on 4185 hog Valley Road and uh I prepared um a speech that was for today for the the homes that was supposed to be on there I think was very inappropriate in ill manner to come here prepared for a speech for an amendment that they made I don't believe that that's fair to us and I don't think a ruling should be made today on the rezoning of the property honestly I think it was a joke okay listen thank you very much and I understand your emotion and and in in response to applauding but please let's just stop that tonight we've got a lot of things that we got to talk about and it would be better if we just tail the the Clapping yes sirad that's all I have to say my friend well thank you very much sir M Mr chair yes sir sir a quick question I understand um a frustration of the change whether whether it went in your way or not regardless of my way or anybody's way the fact of the matter is when people prep for court they get a time frame they come here in the beginning made a statement we don't have any I just have oneck question go ahead and ask me they they've dropped it from 30 to 6 is there a number in your mind that would fit well with that number zero at the moment because they're amending it at the time right now I don't have a chance to look over it first of all when they make decisions people of the community would like to get together and figure out what a best number would be towards it I'm not against a home on the property I'm not against two homes on the property but the fact of the matter is they amended it at the beginning of this meeting when people come here prepared for something else so no one has any idea other than what they just come up here and said in 5 minutes to to try to change their plans after everybody came here with something else to say so so right now you're you're okay with zero homes there right now I didn't I didn't say I said it could be six it could be I could be okay with 10 the fact of the matter is is I've got to I've got to make a vote I've got to make a vote we're making a vote so what you're saying is today regardless since they amended it today you're making a vote on the homes regardless of our amendment I don't know whether there will be an a a motion one way or another I'm just I'm just asking what you're saying today you're voting on it it's a question here it's the one way and it's a question how many homes are you okay with you're not okay with 30 I get it my question is how many are you okay with let's go with two okay that's fair that's all I was asking for two can I ask you a question you I'm not going to answer it but you're welcome to ask so it's a one-way deal only I can't answer that's how that's how this works absolutely just check in thank you sir yes sir commissioner P what we have to do up here is we're supposed to get information and make a decision um we have to hear all of the in all of your views we have to get all of the um the evidence and then we're supposed to make it um hopefully make the best decision we can it's our job not to make an emotional decision so as we listen to your concerns that's what we're going to try to do is try to make a good decision for this plot of land it is 17 acres and when we do this we have to remember the owner has rights as well as the neighborhood so these are the things we have to take into consideration right now so anything you give us right now is is really good so we can make a decision if we're going to vote and how we're going to vote so that's what we're trying to gather from you guys tonight nobody's for or against you we're just trying to make a good decision for the community thank you commissioner uh commissioner Goodson um all that being said could we ask the U engineer to come back up here a minute or would you consider postponing this to the next planning zone and giving these people time to discuss your proposal it's not like it's going anywhere M Mr rener said that would be fine I mean but there are six Lots right now he could do six Lots now in theory so I it I understand their concerns but we thought this would make them happy and they're still not happy so we're happy to come back next month if that's your preference I'm not sure they're not happy but they have't I do understand and hear them they need an ample amount of time to do it just like I would want a time to study a contract on buying a car or whatever and if he's willing to give them that time watch The Rush that's fine am I hearing a motion commission yes I make that motion that we postpone this yes please commissioner P it first please I don't mind doing that either we can post pend it to next zoning but we already have people here so if they want to talk they can go ahead and and maybe give their information right now if they want to or they can come back later um so I I um actually when I went over all the data the other day and I pulled it up and we talked to a staff I knew you weren't we weren't going to get 30 in there you have water problems with salinity in the water six to eight Lots do fit so it's up to you guys if you want four more week to wait this I'm I'm sure this isn't going to hurt to do that but it looks like a fairly decent good project right now maybe you just need a little time to absorb it but the um it's I don't know that's all I wanted to say commissioner feltner do you have any comment so you're going to continue with the cards or is is is right now I'm completely opposed to what commissioner Goodson's saying I'm I would like to get this done tonight but that's up to the commission so if well I don't want to interrupt the cards I have one question but I don't want to interrupt the cards so if we if we go ahead and we table it to next month then my intention is is to not to to allow these people that have come here to speak uh it's going to be a lengthy process and I just I'm I'm having a difficult time understanding why six units wouldn't make these folks happy but that's neither here nor there we got five more cards all right so commissioner Goodson are you you making a motion to postpone yes I am is there a second I would second after the card yeah after after the card you will second jell Roman Mr chair can I just interject for a second so if I could make a suggestion to uh continue the item to the next zoning uh Board hearing which is October 3rd yes sir that would be better that's fine well hold on now Oh you mean the zoning board meeting for the not the P andz board meeting the our zoning board okay the next zoning board meeting all right so what's the date on that sir October 3rd okay there's a motion on the floor there's it's not been seconded until we hear the rest of this uh Yarnell Roman get in um I'm came here regarding the impact on the value of the properties uh on the last um hearing that we have I'm going to quote values in the area range from 35 to 200,000 it was also said that the average value of the proposed project will be 150,000 I want to put on record that there is a mistake on this premise um we have recently sold properties in the area from the 3 50 to the $500,000 examples of these are 4745 Gandy Road 4199 hien Lake 4254 hog Valley 4706 Gandy Road 4940 Harrison Road 4768 Harrison Road there are three uh properties available for sale right now 4970 Harrison Road for 340 4540 Wellington Lane on 520 5245 on Blown Bridge Road for 4475 they have been also luxury home recently built are prising over 600,000 like 4705 Gandy Road 4155 H Valley Road and new homes going up with projected values of over 400,000 like 4 4241 hug Valley Road in 4150 hug Valley even the land value it's more than the rage established on the last meeting as an example for 776 buying needle street with a sales price of 85,000 for an acre so this information is important because the approval of any project uh cannot negatively impact the value of our properties um another thing that I want to add is the construction risk assessment um the following information has been provided by First Street a government and private business resource to provide climate RIS data for informed decision making there is a fire factor in the area the area where the pro whatever pro project is proposed or will be proposed is currently on a severe fire risk factor of seven of 10 in the last 20 years more than 100 wildfires were recorded within just 20 mies of Gandy Road having an impact of an average of 61 properties the area has a major risk of wildfires event in the next 15 years in addition to property damage wildfires can also cut off access to utilities emergency services transportation and may impact the overall economic well-being of the area with the limitations of proper evacuation rules that we have right now the approval of these are any project could turn out into a major safety risk for us the resident so I think a responsible decision will be to just postpone and let us know the resident what is the correct project what will involve and let us give us another chance to speak up because we don't have the facts in order to um you know say something that's it thank you uh Valerie lick and bl good evening I'm Valerie liblau I live at 4718 Gandy Road and um I had a whole different thing written up because I didn't plan on him changing it like that on us um so I'll read what I came up with um I live within the 500 ft of the property the applicant is requesting to reone I have 5 Acres which is not in line with his now his change of one acre lots um I live in a single family home which is a adjacent to this property I am against the resoning of the applicant's property due to the flood concerns our little dirt road you can't even pass on the dirt road you got to pull off and um every time it rains just the 14 houses on our road put damage to the road and they don't come out and you know clean the road off as often as they should so um and it it also goes against the mim's small scale study which was designed to keep us North Bard rural I don't know if he wants to still keep it agriculture or does he still plan on you know making it residential I don't know that um I'm also ha I'm also not happy that we came unprepared because he changed what he wants to do without any notifying anyone or meeting with any Property Owners around that property you know he didn't he could have he's emailed his he's emailed one person before but he couldn't email anybody to let us know that he was changing it so we could you know come up with a tell us how we feel about it you know we have no time to think about this now because he just changed it so that's it thank you thank you very much uh Desiree Wimer or is it wymer wymer Desiree wymer please Desiree wymer 7205 Morning Dove Court Titusville Florida my parents live within 500 ft of 4 at 4718 Gandy Road without having time to research the new zoning request it's hard to support something presented to us at the last minute the owner does have a lot of contact information including mine and he could have met with us or emailed us any changes he actually requested to have one of the meetings tabled so that he could meet with us and then did not follow through with that he bought the property knowing the current zoning he knew what he purchased when he bought it this is a rural agricultural area the current zoning is correct which I think um that property would allow less than six homes I have not seen anything to support changing the current zoning and I'm against changing the current zoning thank you thank you very much sandre Sullivan Sandra Sullivan South Patrick Shores so obviously conversations have happened uh with the district one office and with staff so uh knowing that they had you know some advanced notice that a different proposal was put would be put in place this plan uh as put on the agenda under Sunshine should have been either the applicant reapplied and the it changed or this should not have gone on this meeting today this is uh very like a a fast one being pulled on the people and as the residents of Bard County we expect transparency and accountability and for you to follow our state laws for Sunshine so Sunshine requires five days notice or 7 days notice your policy's five days notice these are Quasi judicial meetings these are very serious for planning and zoning and should be treated as such the fact that staff and even the district one office who indicated she would not have approved what there was and there was conversations this should not have been on the agenda today this should have been been reapplied and with transparency and this should or this been postponed to another meeting thank you Kati Delaney good evening good evening um so I would really I really appreciate your um suggestion about postponing this I think that that is definitely a great move um since the people didn't have time to prepare for what was being asked tonight so I really appreciate that um and what I would say is being at the community meetings that I was at um where some of the residents were there talking about their concerns about this project um one of the major things that they were talking about was the reason why this property originally was Zed for three homes is because of the flooding and the traffic issues that are back there and um I hope that you guys keep that in mind while you move forward um and we'll see you next time hopefully thank you okay thank you very much all right uh we're finished with the cards I have a motion without a second and I'm going to ask the board if someone wants the second motion to postpone a second motion to I'm going to I'm going to let her speak but there's a a motion and a second and and Mr Ranka would you like to make some comments yes sir thank you uh I need to start that the zoning of this property is rrm1 which was one unit to the acre which is 17 units the future land use is agricultural which is 5 units the acre many of the Lots in this area are exactly the same and have one acre there are five of these six Parcels combined that are one acre that and let could be built because they've been so long so what we're asking for is exactly what he could do now um this came about yesterday in meeting with commissioner pitchet that was the earliest we could get a meeting with her after planning and zoning and um we did also no we didn't notify the residents but again we thought this would not have been a problem based upon what we heard in the past um there wasn't email that Mr reneger submitted to all of those who sent in um oppon opposition emails um on August 3rd he sent this I'll submit this for the record and there was about 14 that he emailed it wasn't just one as to the values in the area uh the lady did not identify herself but from the card that was called Miss Roman there's no indication she has any qualifications as an expert appraiser but I do want want to State for the record and I will submit these that I have um property appraiser market value sheets starting with James stanell is 4775 Gandy the market value is $31,250 also I have Robert Brooks at 5584 William brim 55936 John Balden 54960 and I have several that I will submit for the record to show that my comments about the values in the area were indeed correct these are Market values by the tax collector or the property appraiser tax collector um regarding the claim that there are code violations on this that's incorrect and I'm doing this to protect my client because the statements that are made here are incorrect um FD has been out to the site I'll also submit this for the record and can give U miss pritchet a copy so she has it as well FTE as of 93 2024 says an inspection was made regarding dredging and filling within a the inspection determined these activities are occurring on site there were no the inspection determined that although activities are occurring on site there were no Wetland or other surface waters impacted observed on the property at the time of inspection and there's photos en closed I'll submit this for the record anyone can request it if they want to so this is a decrease in density currently the 17 units Allowed by zoning now requesting six also this is currently agricultural future Lan use activities have occurred on on that property are agricultural nature and Allowed by law uh the comments about going through the Wetland there was a home on 4735 which is the access piece prior and if and there was access there before um Mr renting or purchased this it is intended to be a ploted subdivision uh whether he rents or not um they're going to be platted he may sell he may rent uh but it's not a zoning issue as to whether he sells or rents the zoning code under RR mh2 d5s allow manufactured home single family homes and tiny homes tiny homes again $150,000 in value to start uh I don't know what the Sunshine Law requires Miss pritchet did disclose but she hasn't talked to you all that's the Sunshine Law to my knowledge and finally um this request seemed to make sense uh Miss pritchet could have made this request during this hearing at the end of our presentation you all could have voted on that you can change with conditions and with the permission of the applicant so this change is not all that unusual this happens in other hearings where the request is not compatible and the commission or Council dislikes the request and therefore ask for a change in density a lower in density so my client has said he is fine to come back on October third we're willing to do that um but I did want to State for the record and clarify the facts um as they truly are there are code violations that may or may not be pending my client has gotten no notice of them so um as I said I'll submit the D Record uh and we will do the will of the commission thank you for listening okay there's a motion on the floor with a second is there any other discussion from the County Commission I have one CH commissioner Goodson thank you um I must commend your your developer owner okay very good decision you know for us to vote tonight and not give these people a chance and come back October and vote whether then we agree with you or them you know it's going to be our vote at that time I just think we should give these people the right to to meet with the developer and the engineer I mean the attorney and get uh get an understanding of what you proposed cuz things can get real screwy in this chamber and I'm I am not voting tonight uh for this unless we push it back to October thank you Mr chair okay commissioner preet I um I have a feeling that everybody came in a little freaked out about 30 units so um I think that's why everybody's a little intense but I I agree with um commissioner Goodson just that little bit of time for everybody to kind of figure out what's going on now and um I listened to my office that's what I do I listen I don't render and not what where I'm at till I hear everything and they just brought up the thing we heard the community and they do not like our project so we're going to come and and try a smaller number and I thought I was thinking okay that could be a good idea so good job showing up everybody and get with the developer he seems like a very nice person and uh let's get some nice Ames out there for you guys to keep your community so good just one we did it didn't no we have not voted no more discussion all in favor of the motion to postpone signify by saying I I all oppose nay nay motion carries okay Mr chair we we'll need to have a motion for for there was two items there was a land use okay yes now we need to hear a motion please for H7 motion okay motion to continue H7 to October the 3D second I'm sorry yeah October 3rd okay okay is there any discussion on that motion hearing none all in favor signify by saying I all oppose nay motion carries all right uh Mr renka I believe you're up again looks like you have several here Mr chair if you allow me to read those I would be more than happy to do that Jeff thank you so much sir thank you so item h8 and H9 are companion applications I'm going to read those into the record uh together however you need to have separate motions so item h8 is Ibraham harun real estate Inc request a small scale comprehensive plan Amendment 24s .08 to change the future land use designation from res 2 to community commercial application number is 24 SS 00008 tax account number is 231 7736 located in District 1 item 9 is Ibraham and harun real estate Inc Kim uh rosenka request a change the zoning classification from tr-3 with a binding site plan to bu1 with removal of the uh binding site plan application numbers 24z 000023 tax account numbers 231 7736 located in District 1 Mr chair I just want to point out that when when the zoning item Was Heard by pnz they recommended approval with a binding development plan and there are some conditions that were included in that and one of them was to limit the bu1 uses to retail um personal um Services let me get uh a 20 foot buffer along the east and south uh property lines and let me get the other one oh thank you here you go sorry about that there it is okay so the the the be the the proposed bdp was a 20 foot buffer along the east and south sides and limits the bu1 uses to retail office and personal services I'm a little confused with that uh wouldn't The Binding development plan come in after the zoning request would be approved no so a bdp is used in conjunction to support the zoning action if the board their recommendation is is that we do that we want a bdp that says this but we don't need to go along with that we can do whatever we want is that correct okay Mr Ranka please good evening uh uh chairman steel members of the County Commission if that's a good humor truck I want an ice cream sandwich please go ahead please Kim renka Lacy land renka 1290 US1 rockage Florida here on behalf of Ibraham and Haron real estate Inc with me is the U representative from that company Dr Basim Niazi in case you have questions um or if there's additional conditions you wish the bdp that came up um during Planning and Zoning currently this is a 4.74 acre project the request before you is only on 2.68 Acres as you can see from what I handed out to you it's the um yellow Square I just did this to show what is in the area we have um The fairg Glenn school to the north this is actually an Institutional use even the zoning says it is um something else it's res one and really should be government managed lands institutional but it's not below is trade one's uh manufactured home mobile home park and it's a rental Community there's commercial along the US1 Corridor there it's close to Hy it's close to um Apollo Motel uh the future luse map as you can see we're asking to change the resident residential 2 to community commercial which is adjacent to the West we're asking to change the zoning from Tre tr3 which is a trailer park to bu1 so this would make the entire parcel 4.74 consistent and the same under 621 1255 um the tr3 could be in community commercial as well or neighborhood commercial and the bu1 has to be in community commercial uh the concept here is a flex office space design of 27 units that's the large sheet I provided to you it's 27 units it's intended to be small office small retail barber shops real estate offices things like that and it will have normal business hours uh um it'd be required to provide to comply with any performance standards required by code and it is not intended to be any type of warehousing it's just small office space for individuals to rent um there are three homes to the east that will have two will have minor adjacency they currently as you can see from the photograph have trees buffering and we will attempt to maintain as much trees as we're able to as you can tell all that's going to be over there is a driveway and one tail end of a building the comp plan analysis this is accessible from US1 the US1 is generally commercially developed it is an infill commercial development it is not located in an established residential neighborhood it is a long a commercial Corridor it will have to comply with performance standards which is a site plan review stage issue and there are no material violations of the comp plan policies for the per the um County staff report again the zoning request is from B uh is to bu1 from tr3 and removal of the existing binding site plan this was changed to tr3 in April of 1987 and it's never been developed uh the bu1 existing from US1 is 250 ft deep currently and we're asking it go to the um East End of the property currently the size of the tr3 portion the 2.68 acre is too small to even develop as tr3 because you have to have 10 acres so there's nothing that can be done with that property in the current zoning again we've shown you the concept plan and uh with that we're here to answer any questions we would request that you change the 2.6 acre comp plan designation from res 2 to community commercial and change the zoning of tr3 to eu1 with the removal of The Binding site plan and we agree to the conditions of The Binding development plan as well okay commissioner preet yes ma'am thank you for that um just a a quick question you know how much I love natural buffers and I know you guys have that going and um I've talked to staff and they think the smaller buffer is is appropriate with this could I get you to consider that if there's any specimen sized trees like within a 50 foot area that you guys would get with staff on those I'm not I'm not real sure but um it's got some very beautiful um canopies there so how how do I word this Mr Jeffrey is if I may commissioner I think the um oh there you are right here uh Tad um you may want to consider if if the applicant would consider a condition it would just say they would have the 20 foot buffer as recommended by pnz but um in that 50ft boundary if there were any specimen trees that they make all efforts to to save those during construction that makes me sound smart that but you said 20 and then you said 50 so it's a 20ft buffer I think is what's been agreed to but the concern or I think what the commissioner is interested in is when you look at the aerial photograph there's appears to be some canopy trees in there that if they can be saved during construction you like to make sure that those are maintained and safe you would you do your best to try to maintain and save those trees that's fine yeah that's fine okay I make a motion to approve with the um taking now um so h8 is that what you're doing yes sir Jeff we need to do one at a time yes sir okay motion on the floor by commissioner pritet is there a second second commissioner fter seconds any comments hearing no comments Ms all in favor signify by saying I I all oppose nay the motion carries uh Jeff you want to go ahead you already did it for Comm for the next one also commissioner pritchet go ahead motion to approve item H9 there's a motion by commissioner Pritchett seconded by commissioner Goodson Morris did you have a comment that motion is subject to The Binding development plan is discussed correct yes sir thank you ma'am any discussion hearing no discussion all in favor signify by saying I I'll oppose nay the motion carries thank you very much all right uh let's take a fem minute break please [Music] [Music] oh [Music] [Music] [Music] [Music] he [Music] [Music] [Music] he okay uh Jeff the ball is in your court sir yes sir so item items um uh 10 applications um I'm going to read them into the record together however you'll have to have separate motions for each so item 10 is Gen Florida 48 LLC requests adoption of the 2023-24 to 2.5 uh to Res four in community commercial tax account numbers are uh 3277 3368 827 and 829 located District 5 item h11 is Gen Florida 48 loc request to change the Zone in classification from gu and Au to um uh PUD uh 23 PUD 00005 tax account number is 3277 368 827 and 829 also located District 5 okay uh Tad did you want to do that now yeah if I may yes sir go ahead Mr please so um on PUD on the Pud application associated with this request there's excuse me Mr Ranka are you I I just want to make sure you catch what he's saying are you already in tune with him I am sir okay there's 14 conditions and one of the ones if I'd like to make a a slight modification to and I spoke with the developer ahead of time on this and our fire chief and everybody's in agreement with it and I just want to make sure that the board understands what we're doing so it would be condition number 10B and it currently reads that prior to approval of the construction plans and preliminary Subdivision plat or site plan a developer shall donate or convey to the county in fee simple 3 acres of land to be used for a fire station well it's come to our attention with all the fire station and conversations with palm and and our staff that the proposed location that they have given that there's some plann fire stations in the city of Palm Bay they may not provide the most efficient service so what we want to be able to do is and the and the developers agreed to this is to look at a a different site potentially throughout their throughout their project so what I'm asking for with the boards um permission is to modify that condition to say where it says b we would just insert execute an agreement for the donation slash conveyance to the county and fee simple 3 acres of land to be used for a fire station in that first sentence and I think what that does is it gives us the opportunity to work with the developer to find the appropriate location for that fire station as they develop okay but I would like like to add that when we asked the developer to donate the 3 acres of land they had no obligation whatsoever to donate this land so they're completely doing it out of their own Good Will and as a result of that that's we're moving forward with a positive fashion and what you guys did with the city and and trying to put it together I think is is extremely good but I did what noted that there was no mandatory need for a fire station at that site am I correct that's my understanding thank you sir all right uh Jeff you got anything else or Mrs Ranka good evening uh chairman steel members of the County Commission my name is Kim renka with Lacy L renka 1290 US1 rockage Florida I'm here on behalf of Jen Florida 48 LLC uh and the developer of L representative SRA communities with me um representing the developer is Richard German and Dan Edwards the engineer of record pois and Bennett represented by Andrew Ivy is here to answer questions planner Jesse Anderson is also here to answer questions and the transportation engineer James Taylor with kimley horn will actually present and answer questions as well as you know we've been before you in May of 2024 for the future L use Amendment transmitt hearing at that time um and still today we are seeking a future Lane use amendment of 1,957 Acres purpose is to allow a mixed use development um the Pud application is now before you when we met with you in may we said we would limit the density to three units the acre and now that you have the PDP that's exactly what it's doing as well as the PDP bdp will also limit it to three units to the acre the request is for 1,8 2.57 acres for residential 4 limited to 3 units the acre by the PDP and 27.3 3 acres of community community commercial which will allow 398 Acres 390,000 Square ft of retail and this is for um residents for goods and services that will also allow for the 3 Acre fire station when we were before you in may we offered two acres they've come back and said they need three because they don't have sufficient fire capacity in the county at that area and the developer has agreed to do that developers agreed to work with the county if they need it in a different location then right there on Babcock to serve Rolling Meadows or some other development as well that they're willing to um to work with the county as to wherever they find it best to put that 3 Acre fire station the Pud resoning is for 3,241 units and the 398,000 Ft of retail this is located north and east of deer run south of Willowbrook Street West of Babcock Street known as County Road 507 in this area and there's 100t plus drainage ditch and RightWay around the property um blocking you know as a buffer between Deer Run uh and um all the way around the property not on Babcock Street there's a large strip of land to the north about 100 foot wide at Parts owned by uh James sator and jerck holdings and this will does not allow them to Annex into the city so there's a strip between between the property and and and the uh the Willowbrook to the north this has been a challenging project we did have a community meeting there were many concerns I'm sure you'll hear some more tonight there are many concerns as you remember at the meeting in May and uh but this is this is growth is coming uh this area has an abundance of development forthcoming um Rolling Meadows Lotus Cypress Gardens uh to name a few and we'll go through that here with the PowerPoint that is the location and that is the request uh currently the future Lane use is 1 to two and a half units to the acre that is the location I've described and you can see to the north of that yellow line there is a strip of land that is not adjacent to the city of Palm Bay stops the adjacency also too as you may know that area north that says willbrook and sarter that is the Rolling Meadows that de Annex from Palm Bay back into the county in 2019 um this is the surrounding developments in the area just to give you a sense of what's out there um and you can see that what is coming and what is out there has density as great as 20 units the acre I immediately to the north at rolling me Meadows is 2 units to the acre and this is three units to the acre this is a transition from the water stone of 5 to 20 units the acre you have Parkway mixed use um pets holding that's actually now called Lotus that's to the to the east you have Emerald Lakes you have calut Farms you have Ashton Park these are all very large developments coming in this um centa Lakes will provide substantial amount of fees proportionate fair share fees impact fees to help with the expansion of Babcock expansion of utilities and so this will help facilitate the um fixing of Babcock Road and as I said this is what is going on in this area this is the growth that's happening in the area and with that I'm going to ask James Taylor to come up good evening for the record James Taylor representing the applicant from kimley horn offices at 200 South Orange Avenue Orlando Florida so as one of the things that we evaluate for a site like this undergoing a future land use Amendment and also a site plan evaluation is we do a number of analysis and one of them is mandated by the state where we look at at roadway capacity and what the area looks like in the shortterm which is like a 10e Outlook and then a long-term Horizon um that study was performed and submitted approved by the staff the main outcome of that report is the identification of a deficiency of Babcock Street from mik road to Grant in both of those long-term Horizons um and recommends in order to mitigate that uh widening that it will mitigate that deficiency that the roadway will need to be widen to four lanes in the future we also do another study that kind of dials into the operations at the driveways and at the intersections to make sure turn lane links are provided in the future that are adequate for to serve the project but also serve the background volumes and that goes through a a methodology beforehand so that staff agrees with the assumptions that we put into the methodology um that has been approved it identified a study area more than 5 miles in radius uh and what the background traffic assumptions would be the project traffic assumptions and then how those trips will distribute through the area based on Do's latest Regional travel demand modeling it it identifies roadway capacity um like the previous study but for the build out of the project it also identifies intersection and driveway operational performances and mitigations that need to be in place to serve um both the project and the background traffic this figure year identifies that study area with the blue radius being a 5 Mile area um the percentages that you see on the roadways that are coded in red as identified as study area roadways um are the the percentage of the external project trips that are going to see those roads in the future and every little red dot there are intersections that are to be evaluated in the Tia the traffic impact analysis and the little blue dots are the proposed access at this point so the the outcome of these studies is going to identify project impacts and the way it does that is it evaluates the background deficiencies before the project comes online and then also any new deficiencies as a result of the project and that's the way that we quantify the project share of any mitigation that needs to occur and I'll be standing by for any questions sure Commission Goodson thank you um I don't I thank you I didn't understand anything you said but you were good you were good tell me from the front gate of that project how far north and how far south are you planning on for laning Wickham the you mean Babcock yeah I'm sorry Babcock the deficiency that has been identified in the future land use which your staff has agreed to is from Mo up to Grant um that segment definitely needs to be two to four lanes is that four miles 5 miles I don't know that is a great question I would guess it's at least three cuz you by by your map you set a five mile radius right yes sir that you're planning on four laning uh Babcock I would assume five miles south five miles north the five miles is just an idea of how big the study area is for the site okay now then uh once you get past that Circle you had on the map then it goes back to two lanee correct oh it goes back to two lane correct yes okay all right thank you chair yes sir okay um I'm gonna finish yeah go ahead cim I'm sorry that's okay Mr Ranka excuse me thank you uh so as as shown there was going to be impacts there's deficiencies and infrastructure but that's what proportionate fair share is for that's what the Florida Statutes allow and uh it's anticipated in these exact circumstances it's not a reason to deny because there's deficient infrastructure we just have to fix the infrastructure we the project so next is the actual um one of the pages from the PDP for the Pud zoning it's actually a seven-page document that's in your packet this is just a portion of it um this also asks for several waivers so in the uh bdp there are are the waivers that are requested and we'll go through those here as well but as you see this is the proposed development um the yellow is the residential the light green is passive Recreation the middle color green is active res Recreation the very dark area is wetland um the oranges colors impacted Wetlands the impacted wetlands are not substantial I'll have to tell you those numbers uh the blue is storm water and the very dark is um which is not here but you'll see the lake uh which is kind of a gray color and that is um a large lake that is intended to be Recreation uh for the residence only this is to show a um the the the buffering from the Deer Run neighborhood and this is generally just to show there's that existing Canal of 100 ft there's a proposed buffer track of 50 ft and then you also have the lot lines and the setbacks so just from property line to property line it's a minimum of 150 feet to the Deer Run neighbors and then you also have the um and this is average this is what it should be at a minimum and then some of them will be different based upon as you see where the um houses are located so there there the yellow is the residential so there will be some residential but there's still going to be a buffer track between the residential and the deerrun neighbors and also to the neighbors to the north there's um the 100 foot rideway plus the 100 foot uh property owned by satar there have been questions regarding School impacts there has been a concurrency review and there is going to be insufficiency in the elementary and middle schools U this developer and all the developers in the area have met with the school board are continuing to work with the school board to locate new schools uh currently there's capacity by bringing in portables for another few years but ultimately there's going to have to be redistricting and changes but as you all know again as we've discussed proportionate fair share allows for school concurrency um 163 31806 specifically address the school concurrency impacts there was concerns about fire and police response there is an interlocal agreement with Palm Bay there's Mutual Aid agreements and obviously Santa does want its residents to be safe and it has donated 3 acres and uh there will also be additional impact fees that come from this project for fire and police and EMS uh pom Bay has planned as a priority to build a fire station it's number one priority is in this area they currently have approved a temporary fire station at Sunrise Elementary just the south on kameha property um that they inspect they intend to bond next year and have it up and running in the not too distant future utilities pom Bay has agreed to provide utilities water and sewer and the developer will be paying to bring those to the site this is the phasing plan currently you can see on the far right in the gray where it says phase 11 and underneath that that's phase one that's add to Babcock Street phase one is the fire station spot that if it is there that will be the first phase if it's moved someplace else we will work with the county to get it up and running as soon as possible but that site will be dedicated before anything else is is permitted before and we'll have the plats but before the uh building permits are issued so there are um 10 phases planned here plus phase 11 the commercial these are the waivers requested U these are to allow smaller lot sizes there's a waiver to uh not require a storage facility on site a waiver to allow uh building separations to be smaller assuming that there are no utility easements impacted there's a waiver to permit Ingress and egress connecting to spine roads from internal subdivisions a waiver regarding usable common open space to include the lake as active Recreation and a waiver to reduce rear setbacks from 20 to 15 with that uh we have the engineer here we have the developer here we have the traffic engineer here and the planner if you have any other questions we're happy to answer them we're happy to answer questions from the public as well that thank you for your time we would request approval of the change of the the adoption of the future Lan use Amendment the adoption of the Pud Zone with the PDP and the waivers thank you okay Joanne Young please good evening my name is Joanne Young I live at 8423 elk Avenue in Palm Bay and that is in the Deer Run Community I am a licensed real estate broker in in the State of Florida since 2002 I am the owner of five bordering acres in dear run and this development will be in my backyard we are a equestrian community and currently we are building over $1 million homes in our neighborhood and they are on 2 and A2 acres plus um currently we are the only thing out there and um your Planning and Zoning staff stated in the last meeting um for this project that it does not comply with The Bard County comprehensive plan we are zoned Au residential 1 2.5 as you know um so far the only positive that deer run has in any of this is a fire station because currently it is the closest is 9 miles away so we do pay higher insurance premiums for that reason um I'm opposed to the density for this project for the negative impact it will have on the values and Deer Run we are the closest neighbor to Santa please vote no on the density and have the developer conform to the plan on a compromise to Res 2 as was suggested by planning and zoning and I wanted to add one more thing um I don't know if this has been taken into consideration as a deficit in traffic but when there is an accident on I95 the traffic is rerouted to Babcock Street from felsmere to St John's Heritage Parkway the sou Southern um at that time all of the I95 traffic comes through Babcock Street and many of our residents cannot even get out of our subdivision at that time so I did want to add that but I also wanted to plead with you to vote res 2 at least as a compromise um for our residents in Deer Run we've been there for 40 years and yes new development is coming and we welcome new development but we just think that the density is way too high um the lot sizes are way too small we still don't really know what an active Recreation lake is going to have on it um I didn't really know from Miss Rena's last conversation when she was up here what does active residential Lake mean what's going to take place on that Lake because that lake is right behind my house thank you so much for your time thank you ma'am uh Gloria I don't know how to pronounce your last name Kuka Cano Cano I can go sometimes yes ma'am um thank you my name is Gloria kungo and I reside at 174 dearon road which is in the deerrun subdivision I too um like Joanne am very concerned about the high density development going in at Santa and do recommend that the commission um like miss pritchet you were so concerned about our neighbors in north bravard and the density of that neighborhood going in that doesn't fit with the existing neighborhood I hope that you will consider the same for your Southern neighbors that it does not fit it does not go with your county long range zoning and I'd like to address the uh traffic density report that the engineer gave and I'm questioning why you didn't use the Florida Department of Transportation assessment that was done in June this um was done by the state and does address several concerns in regards to the density of traffic that this development will cause um aund a 1500% increase in traffic on Interstate 95 they didn't address Interstate 95 at all um you should have copies of this it was requested it was given I can give you mine if you need it so I'd like you to consider that not Babcock Street isn't the only thing that is impacted by this um I'd like to know yes pom Bay has said that they were going to provide sewer and water but it's my understanding that it has to be done prior to the road being improved what kind of time frame are we looking at um that hasn't been addressed address to um us at all the other thing I would like to talk about is um the East Central Florida Regional planning Council which this again was sent to Tallahassee to do an assessment of um the impact that this will have on all the precious environmental land that is adjacent to this property I don't know if yall have read this I hope you would have but um it does cite several reasons and it doesn't support this development so I would like you to take that into consideration all the wildlife that this will impact not only on our local level but it also talks about a state and Regional level um and Indian River County not just provard so um several species I mean I can sit here and name them I don't want to waste your time with that but um they also recommended studies done before any land clearing to um look at habitat for several endangered species I'd like to know if that's moving forward before any land clearing is done excuse me slightly nervous um so I would like to know that if the board is going to address these concerns before they just blanketly approve this high density yes um high density is coming but do we really need um 5,000 more homes in a f mile radius it's not con conducive to what is already there and um it is my request that the board consider the compromise recommendation thank you very much thank you I can leave these copies these are all done by the state of Florida yes ma'am but I I I do believe you put them in false light the East Central Florida Regional planning council did not recommend this project to be a drri those were just recommendations number one number two the fdot thing was just recommendations we've had our staff looking over this for a long period of time I understand where you're coming from there are documents that are out there and we could study things to death so thank you very much I don't believe that they should be put into evidence they're not accurate just for the record I totally disagree with you because there is a conclusion um basically stating that for the reasons above that the efr PC cannot support approval of the future land use map Amendment as proposed this is are you are you an attorney ma'am no I am not okay thank you very much I'm part of our record ma'am pardon me that's part of the record it's already part of the record you would consider that thank you thank you um Mr steel these are residents that live here and they do affect our life ma'am I understand like you care very much well let me let me try this a little bit harder I do care thank you very much for speaking and let's try to to move forward with getting everybody's opinion in this evening okay I do believe I just took my five minutes but thank you okay then all right Cheryl um VRI okay give me a lesson on how you pronounce your last name I married it you married it would had more fun with my okay there you go Cheryl please thank you my name is Cheryl salav s l oov vadney i married that um I live at 349 stallion Street and run and I guess that's a pombay address but it is unincorporated County I'm a New Yorker I'm a transfer not from the city but I love the life we have it's very very different I'm a Suburban girl I moved into the country I now deal with snakes and pigs and all an a vast assortment of wildlife that I the Suburban girl never would have even seen and it's wonderful my my concern was the future land use someone somewhere the county had a vision for South County how did that Vision just vanish that's my question when I moved here 24 year 23 years ago I never envision everyone Changes Everything Changes I have clothes I have I have three closets of clothes because I love change but it it's obvious obvious to me that the changes that are proposed are inconsistent with the future land use and with the beauty of South County our homes are on 2.5 acres that seems like a reasonable uh request to have something bordering on Deer Run um I would I would beg the commission to to consider um these these lot size Lots they are inconsistent with South County with the beauty of South County I don't know if any of you live in South County does anybody live there no oh dear you don't know what you're missing It's a Wonderful way of life and it can be for others too who would live in Santa um please consider a change in the density um it can benefit South County we have a lot of growth right now we have uh water stone we have the other developments that have come in we've got 95 we've got all this change going on we really really need to consider our resources here uh thank you for your time I stood here 23 years ago and asked this commission for uh problem solve to solve our flooding problem I don't know if you are aware of that we still have a flooding problem so um just just so you know thank you very much thank you SRA Sullivan Sandra Sullivan South Patrick Shores good evening again as a quasi judicial hearing your job is to look at compatibility and look at concurrency and if it does not comply to reject the application now first I want to um contradict M Rosena on her statement that this meets concurrency per state statute 163 3180 sanitary sewer Solid Waste drainage and portable water are the only public facilities and services subject to concurrency requirement on a Statewide basis so you're looking at making a comprehensive plan change and according to the language here in you are required to have that concurrency when you make the comprehensive plan to the state I also want you to look at yeah we know look at compatibility all of this area on two sides here and this which is in this block is one unit per 2 and a half acres this proposal increases the density from 430 to single family units to 3246 single family plus the commercial and one thing that probably this audience does not recognize is that then they can add multifamily and Senate Bill 102 exemptions and then get under the radar because it would not come before this board it would go straight to site planning and they could put Senate Bill 102 quotes unques affordable housing you will own nothing and be happy okay so um according to your own concurrency evaluation procedures section 62- 602 uh it talks about concurrency again sewage and water okay what time did I have here and it talks about a before now this is an application prior to site plan the previous thing was comprehensive plan changes we've addressed that one now this is talking about site plan which comes after this board they they would have to have a capacity certificate from the service proprietor for water and sewage so I'm going to give you a copy of that and then there's the letter from pal Bay oh wnab be willed down the road give them a new Water Reclamation facility and sewage but with no timeline imagine that I mean this could be 5 10 20 years down the road who's going to pay for it oh yeah impact fees let's talk about that our impact fees for transportation have not been updated in 23 years we have an $800 million deficit because you guys have been kicking the can down particular district one and District Two kicking that can down the road we can hear you just finean you don't need to be yelling do you like my shirt no so you've been kicking the can down and caused this crisis for the last eight years and for the other impact fees they haven't been updated in 32 years and if you haven't been paying attention I know you guys know but maybe the other people don't know we have a crisis that's turning into a service failure for our EMS and EMT those impact fees have not been updated in 32 years we have no way to fund the growth you're using the commitment of the 33% That was supposed to address their pay to fixing the growth okay so the two coming back the two issues and then you have flooding issues oh by the way did you guys know your rating for the FEMA flood discount in Bard has gone from 25% down to 10% because we're not protecting the flood planes and we're not fulfilling our obligations under the flood the national flood insurance program so let's revisit you have state statute that under a concurrency requirements prohibits this change the comprehensive plan without having the concurrency for sewage and water in place number one number two this is incompatible with the surrounding area but you know what steel said we'll worry about it down you know we'll just bring the money in from the impact fees and we'll tax the people more won't we right well thank you for putting words in my mouth no you said it at a prior meeting of course okay um commissioner pet would you take the chair please I certainly would sir thank you very much would you like to speak oh you're I've spoke at several meetings before apparently I was just going to give you the floor right now thank you oh that was funny okay I get it okay first of all um we have a 3% cap on our budget as a result of that we have difficulty paying EMT and other people additional monies and the only way that we're ever going to get anywhere to be able to increase our services in Bard county is is by impact fees and by additional funds that come in I have been in a real estate business here for 50 years so I was there way before Deer Run was put into play and and looked at Deer Run and and said from 50 years ago that deer run was going to flood for from now till till we get additional Place additional uh subdivisions down there that's going to relieve the flooding so let me just start with about 7 months ago eight months ago nine months ago when sunara came to Bard County and this is in my district and I sat down with Tad and staff and everybody else and we worked diligently to understand exactly what they wanted to do they met with the people down in these particular districts several times in addition to the multiple problems that we have with interlocal agreements on Babcock Street with Palm Bay and a variety of other things we have a her Parkway that sits out and ends in the middle of a field we have tremendous traffic problems we have tremendous problems in Babcock Street and the only way and there's by the way you think this one's a big project right behind it two more huge ones that are much bigger than this Mr Satori and Andy mach's property and at that and and I'm going to tell you it's coming no matter whether you like it or whether you don't and the only way we're going to be able to get anything done in this County to make the improvements that we need to do to relieve the traffic that we need to do is ultimately get the Heritage Parkway connected in and move down the road there's been comments by Miss uh Sullivan tonight saying all of this wonderful stuff that like she's some big legal attorney she's not the the water and the sewer can be put in at the same time and well if Mr Richard if m if Morris would like to answer that question fine but what we have done has done everything in our power to make sure that every tea is dotted every T is crossed and every eye is dotted to get this project done I completely stand behind this project because it's the only way I can see that we're going to be able to get impact fees to do additional things to improve the roads to improve the flooding and to move forward with making Bard County safer better place to live and yet tonight you know everybody sitting up here the eight or nine people that spoke and and we've had as you well know we've had several meetings on this where we've had a lot more than you people speaking on this if I'm not mistaken we sent the the plan up to Tallahassee the comp the comp plan change up to Tallahassee and Tallahassee approved it and send it back is that not accurate we we sent it up for the review right and they sent it back to us correct all right so the comp I I'm I'm not looking for any comments from anybody out there please he didn't answer he answered my question just fine they reviewed it and sent it back I do not need anything from you people out there now and and and and please just let me finish because this has to happen and it's going to happen in it I you know we're going to have have some issues here tonight if we have any more stuff with the audience so let me just try to finish this up I completely behind this project there's going to be other projects that are there we're going to have additional things that need to be done and the only way we're going to ever be able to get this thing done is is to have other uh to get Babcock Street taken care of the Heritage Parkway taken care of and a variety of other things that are AB absolutely necessity to increase the amount of monies that come into Bard County to do what we need to do to make Bard County a better place to live so with that uh Miss pritet do you okay do I have any comments from uh the commission all right Mr Ranka did you want to finish up this uh thank you commissioner steel uh members of County commission uh I don't know what else to say after that commissioner steel uh we can address the concurrency issues uh we have uh a planner and engineer the only thing I would state is that um the active Recreation will have no motor Vats it may have kayaks and canoes uh it will um allow swimming if the water is clean enough I don't know I presume it will be uh regarding the um payment for utilities that is paid by the developer the developer is also going to have to pay for the roads proportionate fair share and for schools it's over and above impact fees so it's not impact fees it's not the taxpayers paying for these increased in service to meet the concurrencies uh and as to compatibility again uh that issue was not raised by the Department of Commerce we have shown that this is compatible with the growth in the area your comp plan your your comprehensive plan talks about res 4 and to look at at surrounding land uses not adjacent land uses so compatibility is much larger than just what's next to you and with that I'd request that you approve the future land use res four is requested and approve the Pud zoning with the PDP and the waivers as requested if you have questions about concurrency concurrency then we have people to answer those questions if you have any more traffic questions we also have the traffic engineer but that that would be my summation sir do you have a question sir go ahead not to her to Jeffrey Jeffrey I heard your response to the chairman we sent it to Tallahassee sent it back was there any comments the state said there there there was uh comments in those who were provided in the addend the um addendum in your packet and what did what were the statements they said um um 100% approval and everything's fine right so so we got uh comments from the East Central Florida Regional planning Council and and I don't know how in depth you want me to go into the comments not in depth but just tell me they did the state approve it and say everything was fine they they they don't approve it they just provide us with comments was there any negative comments sir I guess it' be um I wouldn't say they're negative they're things that the that we should consider part of the approval so uh with that uh entral recognized um and I'm paraphrasing um their comments um about the the consideration should be given the future land use amendments with residential densities closer to existing density as res 2 now that was from the East Central Regional planning Council that specifically talks about the density we did receive comments from F fdp which is the Florida Environmental Protection um that talks about bmap nothing to do with density it deals with uh water and sewer and um uh septic and um which um The Proposal is to have Central Water and Sewer so that um um could be considered um uh being addressed we also received uh comments for from Flor Department of Transportation regarding uh I95 and they uh state that uh the proposed amendment will have a potential impact the state High um the shh significantly what that means uh moving forward that's just something that they've identified moving forward uh the other other comments related to uh Fish and Wildlife Commission about uh protected species that uh that they see uh located on the property okay thank you chair thank you Jeffrey okay um do I hear a motion I'd be more than happy to I move to approve is there is there a second I second it is there any disc discussion from the board hearing no discussion all in favor signify by saying I I I'll oppose nay motion carries okay now let's go to the next one that we have which is separate motion sir we need a second motion for the zoning that motion was on the future land use Amendment yes sir so on the second motion i11 uh uh I I move that we approve the zoning in regards to Au to PUD 23 PUD 00005 tax accountant 3277 3368 30827 30829 second and there's a second yes ma'am with the bdp and the amendment to 10B yes thank you very much for that uh any more discussion all in favor signify by saying I allos nay nay motion carries we take a minute break yes let's take a five minute break thank you [Music] he [Music] [Music] for [Music] [Music] [Music] [Music] [Music] all right Jeff thank you Mr chair um items uh 12 and 13 are companion applications I will read both of those into the record however you'll need to make separate motions for each item uh 12 is Villas of sheerwood Inc and Sherwood Golf Club Inc requests a small scale comprehensive plan Amendment 23 s05 to change the future land use designation from res 4 to Res 15 application number is 23 ss005 tax account number is 2110 937 21 0938 2113 021 2111 319 located in District 1 item h13 Villas of Sherwood Titusville Inc Abado Development LLC Sherwood Golf Club Inc and trist LLC C request a change zoning classification from gu Au EU Sr Ru 1-11 Ru 1-13 and Ru 2-10 and Ru 2-15 and P with two existing bdps to all PUD and the removal of two existing bdps application numbers 23z 0035 tax account numbers are 211 0937 3020 2021 uh 3023 3024 0938 0939 0940 0942 0943 0952 0953 1319 20 um excuse me 21016 one located district one and just for clarification uh Mr chairman the board members staff is still currently reviewing the methodology for the traffic uh impact analysis and at this time has not been approved thank you okay Mr zanka Jim MCN you're not Jim mcnight that's Jim mcnight Mr mcnight how are you sir I'm well right here okay all right I'll try to make this as brief as possible since you're going to hear from more than one of us um the the proposed Sherwood PUD and the comp plan Amendment which is less than 10 acres which is why it's a small scale request is providing Redevelopment of a golf course that has failed uh to continue to operate this is a trend that is apparently Countrywide and that since 2006 over 100 golf courses in our our have closed every year we've seen six in Bard County that are no longer operating as well or they're in the process of Redevelopment I think it's important to understand this Redevelopment that failing golf courses can impact property values in negative ways if left unattended according to surveys done by the National Golf Foundation the project has been through a process of three Community meetings held in um September and November of 2023 and may of 2024 all right at each meeting we listen to concerns regarding traffic storm water safety property values and other issues as you will see in our presentation we listened and have significantly significantly reduced the density down to 4 4.36 dwelling units per acre or 595 total units our original presentation to the neighborhood called for 98 units there are now four pods whereas originally there were six one pod has been dedicated totally to storm water and open space it also will provide a new Clubhouse with pool playground and other amenities uh to support the community that would be constructed the approach for the Pud is traditional step- down zoning with the highest density along Carpenter Road with it with their own accesses and reducing the density east to west as you as you move from east to west within the existing neighborhoods when you get to the first single family lot on London toown there will only be 37 Lots all single family beyond that point everything else will be de developed to the east it reduces the traffic impact from the original plan and it also it helps to address safety concerns that were brought out yeah okay I'm not a computer wiz so bear with me this is the existing project the zone ownings were read to you uh the total acreage is 136 acres plus or minus uh the allowable under the current comp plan is 1619 units uh the golf course total is 132 the clubhouse and parking is a little less than four the proposed project currently has land use of residential 4 and residential 15 again the total land area please note that the gross density of 595 units which is 187 single family 408 multif family is 4.36 Acres uh units per acre which is consistent uh with most single family subdivisions I won't go over the other areas because they'll be uh discussed later this just is a quick run through of some Clubhouse amenities and what will be provided as a part of the development the original submitt was submitted in April of 2023 as you can see there were a lot more units we are now down uh some 313 units than what was originally plan lot sizes have been changed to be much more compatible with uh what's in the neighborhood hood and particularly when it's adjacent to other existing homes and existing lots that was the original proposal all the storm water was going to be done as a part of each pod as we'll see later that has changed the second submitt and neighborhood meetings were held in September and November of 2023 we reduced down to 796 units or 5.83 units per acre again there were still six pots we were still treating storm water as a part of each uh individual pot that was the design at that point in time a third neighborhood meeting was held in May of 2024 and at that we uh submitted a significantly revised plan at that point where we went down to 597 units we only had four pods we had one pod that was dedicated to storm water and open St space completely because we heard the drainage concerns that had come from the neighborhood that is what we had submitted at that meeting following that meeting we submitted to the staff we got staff comments back and we further refined it even more which puts us right now today at 595 units or 4.4 4.36 units per acre this is a normal development pattern when you move from multif family single family attached Villas Town Homes to only 37 single family lots that are actually adjacent to the single family home homes uh to the West on this property and that's the design today all of the green is storm water multif family you can see in the yellow you have the Villas and town homes in the uh purple and I don't know what color that is we'll call it salmon but uh and then the other blue is where the 37 uh lots are at today I'm going to turn it over to Bruce Mo at this point in time and he's going to talk about the individual pods there the individual meaning five of those uh four that would be U developed and one that will be storm water State your qualifications education okay I guess I need to State my qualifications uh I am a uh trained planner I was a city manager for 36 six years I'm retired from that and uh I uh actually have a master's degree in planning is that enough Mr attorney what school University of Southern Mississippi anyway I'm going to go ahead and turn it over to Bruce Moya at this point in time he's going to talk about the individual pods and the drainage you make me an expert on the computer how do you move the computer to the next screen just down okay that's all you need to work okay thank you and good evening uh Commissioners U my name is Bruce Moya I'm the president of mbv engineering and uh for my qualifications I've been uh in the engineering field for over 40 years I've been a registered professional engineer for over 30 years and um I've been declared experts uh by several boards I've done expert witness testimony for several clients for um engineering types of issues that have gone legal so um I hope that qualifies me to speak today as an engineer to this board um and in all those 40 years I've been doing engineering this one is definitely the most interesting project I have ever worked on um we've done properties that were Square properties that were rectangular properties that were rhombuses probably that were all kinds of different polygons but this one is different because this is a golf course that was basically created that the hole is the property um very unusual so because of that in order to really do any kind of development on this property we have to ask for some waivers to your to your code and this is pretty standard for a um a PUD and my screen went blank on me okay [Music] great pardon me real quick okay so waiver one is a pretty standard waiver I think this board is granted for several puds that's a waiver to the minimum lot size uh in order to have flexibility in design I think most puds ask for smaller Lots uh so that they can provide more open space so uh that's waiver number one I think that's fairly uh standard I w't to get into too much detail on that um waiver number two is to reduce the required setback so because we have this property that's basically a golf course hole the width is is long it's long and skinny it's and so the width is very it's very hard to put a lot a road a a a open space and and storm water and all those things in that very skinny um piece of property so we're ask asking for a waiver to reduce the the the rear set back waiver number three is the waiver to the rideway so standard rideway is 50 ft um however because we have such a skinny piece of property we're asking for a 50 I mean a 30 foot rideway and then we'll be providing 10t easements instead of a 50ft total right away we'll have 50 F feet but 20 of it will be in easement which isn't unusual there used to be puds where there was no right away they used to put the lot line down the center line and the hole ride away and all the utilities would be in in easement so that's not unusual but that is a uh maybe a request we haven't heard in a while and then uh waiver number four is basically the same w but only in the pods where we have the uh the Villas where we're going uh for a 30ft rway and 5ot easements on each side because they're not you know single family detached units waiver number five is um a waiver to allow a culdesac within 50 ft of a property boundary um so if you if you look at the width of the property and you say 50 ft and 50 ft and then 100 ft for the for the CAC you you've run out of property so what we're trying to do because we have to have a culdesac in order to have the fire access turnaround for fire garbage everything else uh we would instead of having the setback we would provide heavier landscaping and a wall to prevent any any um maybe something to the neighbors that might be undesirable uh and I wanted to point out there's two locations in this area right now that already don't meet that requirement uh the one one Colac is actually at the edge of the existing PUD that that it was created in and another one's within just a few feet waiver number six is a waiver to the 15t perimeter buffer so the county has a requirement for all subdivisions and PS that you have to have a 15ot tra buffer tra around the entire perimeter of the property um this has been weighed before we're not necessarily waving the buffer in the Landscaping we're just waving the fact that it needs to be in ATT trct we will provide the buffering uh and easements but we don't have the room to actually provide the tra now the reason for that track in the very beginning and I'm very familiar with this because I'm not sure everyone of you know but I used to be the County's development engineer for short period of time and uh I brought this code to the board um not by choice but uh there was a lot of development going on at the time and they were developing very very large tracks of land up against existing subdivisions and because of all the clearing a lot of the people were complaining that they were getting a lot of uh issues with the clearing so the board said well then provide a buffer between the the new development the old development this is already developed it's already a golf course so there's no natural buffer between the golf course and the and the neighboring properties so there's nothing to preserve so what we're going to do is instead of trying to meet a preservation requirement we're going to go ahead and install those landscape features and then waiver number seven I believe has been waved before but there is a requirement in a PUD for multif family that if you go over certain amount of floors you have to have uh first floor parking like in a garage U I think that's may be meant for urban areas uh this is not an urban area uh and to have first floor parking I think would fly in the face of affordability and so we're asking for a waiver of that and I think that waiver has been granted by this board before and I believe that is all the waivers who next on The Hit List okay thank you for your time unless you have any questions or did you want me to get into dra drainage now okay here we go let me catch up here whatever you'd like you tell me what you want let me see if I can get up okay uh I'm going to continue on sorry they want me to address we're going to give you another five minutes okay I appreciate that um and and this is important because drainage has been the number one issue for this project since day one so um there it's very well known that there's a drainage problem in this area and as soon as we found out about it we met with staff and we had a very long meeting um and staff was generous uh and providing us information on where this funding is happening and and what they're going to be looking for order to try to solve this drainage problem for the county so uh that was a big reason why we actually took out all those lots in that one pod and created a storm water park so we're creating a lot of lake and a lot of volume to displace the flooding the flood waters that are currently going on the neighbors So the plan is to do a very detailed engineering model to find out exactly where the problems are and exactly how to solve them so we feel confident that this project will solve the continuing flooding problems that the neighbors continue to complain about and it will not make it worse it will make it better I'm I'm sure your staff is going to ensure that and we'll be providing all the engineering data to ensure that that we will be a an asset to the drain a situation out here so um I unless you have any other questions I I think that's yes ma'am go ahead Mr mola I um watched the pnz meeting and I was listening to the storm water part intently because there is some water issues out there part of it you know some things were fixing as well but I did hear you mention this I want to clarify it that of course you have to maintain your own storm water and you said that you were going to make sure that your storm water cuz naturally some of it's flown onto other properties that you're going to find a way to make sure the storm water on these properties are no longer to flow on to the neighboring properties is that correct that's correct I thought that was a pretty interesting statement when you said it so I just want to get that on the record okay thank you okay um there's three minutes and 30 seconds left for anybody from the applicant side to speak if they need to if not we're going to move forward okay yes sir go ahead James Taylor for the record uh kimley Hornet Associates 200 South Orange I am a a registered engineer in the State of Florida have been since 2009 previously got degrees at UCF and USF um have served as expert witness on cases in the state I'm going to skip ahead a few slides so that we can talk about traffic all right so traffic for the site similar to all applications that come before the the this agency we go through a TI methodology um it gets approved by the county before we proceed with the actual analysis um you heard from your staff tonight that that TI methodology may not have been approved yet um I provided an email where it was approved on August 1st conditional to a couple of things that we have agreed to um so the statement in that email was basically to the point of it's it's it's approved as long as you don't have take any issues with these additional comments so um and within that TI methodology it identifies a study area you can see on this figure that the study are is very very broad everything in red and all of those numbers and letters or intersections that are going to be evaluated the trip distribution was performed for Dot's latest District 5 Regional travel demand model and when we do this analysis we're going to look at all these things for deficiencies compare them to what the code requires identify those deficiencies and mitigate where necessary this is uh a slide that we put together so that we can have from some perspective on the most impacted road which is carbon road the for 595 residential units that generates about 4,000 trips and then if you break that into the PM peak hours is about 10% of that which is about 356 PM trips uh those trips have five ways to get out to Carpenters way and as you heard from Mr Mite the way that this has been set up is the density is most up on Carpenter road so that there's less impact into the internal roads um on carpenters in particular today that carries about 5,000 trips per day um that's an existing uh volume to capacity ratio of 32% so that road today is operating at 32% of its capacity 87% of this project is anticipated to impact Carpenters Road north of uh lenon toown and when that occurs that additional 7% of this Project's traffic plus background growth equates to about 9,000 trips in the future so about double the existing volumes that road is still going to operate at less than 60% of the capacity in the future do we want to try to squeeze environmental sorry just have about 45 seconds well um good evening thank you very much my name is Tim Maslin with Florida environmental Consulting 1835 20 Street ver Beach Florida um I'm a certified environmental consultant with 24 years of um ecological biological Wetland protected species and Land Development experience um one of the first things that we should remember is that from an ecological perspective um the Sherwood property is not native habitat um we recognize it as a disturbed golf course which which does have some remnant ecological features that we'd like to protect in conjunction with the community um we've we've produced environmental impact reports detailing the expected ecological impacts and those include uh potential impacts to trees Wetlands gopher tortoises however we also propose uh to study potential Scrub Jays wood STS and Crescent Cara and um satisfy all the questions and comments from the fish long Wildlife service fish and uh Florida Fish and Wildlife Conservation Commission do any mitigation and REM remediation as might be necessary including with Arsenic and potential uh hazardous and contaminated waste in the ground okay thank you so very much all right Richard horor thank you for taking my words Richard Horvath I'm at 4418 Sherwood Forest Drive reason I'm here is I'm in support of this project uh Golf Course is there it's not doing anything um I believe that this is something i' want to be a part of as far as living there uh I live in Sherwood Forest now uh the animals the it's just amazing the the animals that come up and are taking advantage of this space um and I'm all for this project and I just want to thank you very much for your time thank you sir Wilfred Santi Santiago good evening my name is wifredo Santiago um I'm a retired combat veteran I live been living there for a few years the reason why I moved there was you please State your address please and where you 4510 London Town Road right there in Sherwood my property is attached to one of the holes reasons why I move there is because it is calm I need the peace I'm sure that fellow veterans that do live there have the same reasons um I'm a lot a lot of the things that I want to say will be said by others so I'll cut keep it short uh one thing that I want to say is the schooling I'm questioning the if the schools will be able to handle that many students right now I have uh I do have a child who's on the waiting list for Head Start even though she's got siblings in the same school and if that's the case what type of impact is it going to have for for future students going trying to get in there uh as far as the flooding so they done a pretty good job at uh at uh mitigating their their their drainage but it all goes to one place and that's the St John's 46 Route 46 was flooded after Ian for the P for for approximately two months uh Aro Parmer which is about 75 to 100 yards from my house is flooded that whole time as well so just because they're taking care of doesn't mean everybody else is going to be taken care of as well um so again PTSD combat veteran I need the peace I don't do well around crowded people and I don't do well and crowded traffic situations as well and I do have a couple neighbors who are the same way that's all I got thank you for your service sir yes sir Tom Erdman hello Tom hello there thank you so okay my name is Tom Urban of at 4791 Squires Drive in Sherwood I've been there since 1991 I started the safe Sherwood Community the help fight with this and I sent a lot of you the petition we had early on that has 647 signatures from our community asking this not to be resumed and so I'm asking this either to be voted down or to Let's delay this for a couple reasons reason number one a decision of this magnitude should be delayed because in January we're going to have three new County Commissioners and that includes district one that this directly affects and in starting in 2025 is when the it's really going to start happening and I'm sure the new Commissioners don't want to hear us complaining about it because they're saying I didn't get the vote on this then number two you know no resoning should be done for the golf course until we do have I know they're planning on their soil samples but how can we be sure what the Arsenic level is in the golf course as we all know arsenic is popular car is present in most old golf courses because they use it in herbicides and fertilizers in the 70s and ' 80s and Royal Sherwood was started in 6869 time frame and so when they start bringing the bulldozers in that becomes a health hazard us dirt's going to get blown around and we need to see before anything is done how much arsenic there is what's their risk mitigation because that is a health concern to all the neighborhood and I'm sure you're going to hear this one all over the place is the flooding you know our friends at mbv looks like they've done a great job with the flooding but these are all preliminary results preliminary drawings you know nothing should be done until we see the detail plans you don't build a rocket until you see detailed plans we don't start building homes and communities till we see detailed plans and that includes where does the water flow pattern go how much retention capabilities do they have and let the community actually see that then a water pressure capacity so in April May time frame we got a letter email from the Mims water department stating that conserved water at Max Capacity you're going to have low water pressure and so I did talk to some of the people in the fire department complaining so that could suck for us my house catches fire we don't have adequate water pressure what are you going to do and he agreed and also said that it's a safety hazard to his firemen and I understand they're trying to up the capacity and build new resources for water but once again as a community I think we have the right to see how is that schedule plan going to lay over with what the development is not just in Sherwood but all over North Bard and quality of life for the residents you know a lot of us move there for small town atmosphere and just for the tight neighborhood we have you know we have golf cart parades uh potluck dinners under oak trees then of course are very famous luminaries and Christmas lights and then you I'm not saying that nothing should be done I would like to look at all options before all this started years ago I called Milton the owner of the golf course and asked him said can we work out a deal where if you live on the property let me buy the property behind my house and we try to talk it over but he stopped calling back so I like to look at these options and yes we'd have to work with all the County Commissioners and see what makes sense and I've also had two different groups Royal Oak Ministry they've shown interest in it and also a group from the West Coast of Florida helping God Saves our babies he's a XGA golfer and he teaches autistic and down syndrome kids how to play golf so then the last thing if we're going to vote on it today which again I would prefer it get delayed I would ask their District One representative to recuse herself and that she has taken about 14 thou or received about $14,000 in donations for her campaign from people that have direct ties to this and that includes the lawyer Kimberly rosenka mbv the Fishers and it's not illegal but it has the appearance of not the best we should do for the county so in closing what do we want to leave our kids and grandkids do we want over develop Community with inadequate infrastructure crowded schools crowded roads and a river that's so polluted that we can't even swim and or do we want to do what's right let's delay this vote and let's put a pause and do what's right for all North Bard thank you sir thank you Richard Jones um hello Richard Jones 4930 Squire's Drive couple things I want to into first Tom said we had 647 people in our neighborhood against it we also had a stack of letters at the pnz that I had mentioned that stack was about this thick Mr Moya said that he had several residents come up to him said he was in favor of it we didn't hear from a single resident except for one the gentleman that talk earlier Richard Horvath he said he was in favor of it that was interesting what we did not know is he's the seller's broker so yeah he's going to get a huge percentage of course he's in favor of he also said if you listen to the pnz that he had wolves in his backyard that's historic because there are no wild wolves in the State of Florida you can look it up it is documented it doesn't exist so first he hit exactly who he was then he gave a false statement the other side I'm sure Bruce knew about about this didn't present that I think that's unethical might not be illegal but it's definitely unethical it's not what we want it's not truthful second off I want to talk about before the pnz we had the natural resource management department that actually told us what the traffic was going to be like both sides got to see it the notes are online their notes were 5,000 253 traffic per day at the pnz the other side said Developers for ,500 now it's 4,415 that's a difference of 838 traffic per day that may not sound like a lot but it comes out to over 305,000 extra per year and there's only one way in and one way out of London toown Road there just is that's the way it is they said they're going to put other roads in there to try and mediate and make it easier to get out of there if you've ever seen the golf course in the layout it's not easy like Bruce said it's the hardest project he ever had to work on the reason why it's a golf course that's the why it's set up you can't cram houses in there it doesn't work next I'd like to just give a shout out to all my fellow residents that showed up here and at the planning zoning for 5 and a half hours we really appreciate all your support it's not that easy to have and not only do we have resident support but we have support from all these different political parties and candidates here tonight we actually have the Republican the Democrat and the libertarian that's running for a Rita spot in district one they're all here they're all in favorite it goes across the board it's very deep it goes all the way up just today we got Chase traymont Florida House of Representatives backing us so this is not just a local thing this is now a Statewide item that's going on and support is overwhelming and it's all one side there's a reason that it's all one side next we want to talk about the flood at the Planning and Zoning they didn't have answers I asked Mr Mo at that time I hope you have answers still no answers he all that time still no answers like Tom said you can't build a rock without the plans it just isn't there you can't say I hope or I might do this or in the future we might have a study done it need to be done now you just can't okay it if you don't have the study if you don't have a means to make it work you just can't say okay and have it work finally um the drainage problem that we're talking about and the Retention Ponds that they're building are right behind Squires they said it was built to flood it's going to gather and flood where is it going to flood it's going to flood into those houses on Squires first well I live on Squires that's not very encouraging for me they're putting my house at risk knowing they're putting my house at risk I just don't see ethically and morally how this can ever be passed now so I would hope for delay we don't get to know but I think this is pretty simple and cut and dry I don't think this is as hard as we're making it out to be this is a no it doesn't work and thank you for your time thank you sir rutho good evening timing is everything I can't imagine anyone's missed the news on how the state wants to allow golf courses in state parks it's been a Hot Topic on social media and news Cycles they call it the Great Outdoor initiative I bring that up because this agenda item it it ties to this agenda item specifically the state's idea behind it is to create outdoor space for recreation we all know tourist flock here for our weather and our outdoor recreation opportunities in meetings concerning this proposal including tonight it has been implied golf courses are not profitable here sorry hence the need for rezoning into housing I I argue that not even the state would agree with the assessment I can't imagine the State of Florida despite it being a stupid idea to destroy state parks would allow an unprofitable venture to go forward a quick Google search will provide multiple reputable websites showing statistics that golf the golf economy impact in the United States was over 1 101.7 billion in 2022 at an increase of 20 20% since 2016 providing 1.6 million jobs in the United States with a wage of approximately $80 billion in the August 12th meeting and again tonight Mr mcnight stated sherol Golf Course is a golf court that failed to continue to operate for those of us sitting in the audience like myself that would imply that there was some type of financial failure in that but seeing as how golf has increased in economic value over 20% from 2016 to 2022 that would indicate that the failure might not be financially maybe it's management maybe people retired and sold implying that without the proper context to the statement is an intentional deception to make you believe it's necessary to build houses on the golf course in order for it to be profitable when the truth is he bought a golf course and he knew exactly what he was getting it's Golf Course golf courses according to the State of Florida and financial statistics are profitable if he chose to make it the golf course that it actually is furthermore the flooding Sherwood if you go back on all of the maps Sherwood was a swamp it's a fact I've entered into record multip multiple times they drained that swamp and they made surewood would we allow that today would we even consider the idea of draining a swamp and filling it in for Housing Development it's highly illegal no one can go for that so to stand up here and ask for seven waivers because it doesn't fit the design of the golf course well of course it doesn't and of course there's drainage issues businesses fail investors make bad Investments it is not the community's responsibility to shoulder the burden of someone's bad land investment he bought a golf course golf it could be made profitable if he chose to make it profitable but it's so much easier to subdivide that property and build houses and sell them and make a quick Buck the fact that he's not willing to put something into the community and stick around tells you that his that the developer only cares about how quick he can sell and make a buck because there is nothing invested into this community the county has lost three lawsuits in Sher over flooding I live at 1950 tomato Farm Road which is just down the street from there I'd like to know when we finish flooding worse than what we already are who do we Sue because they're going to be gone can we sue the developer or do we still have to use Sue ourselves to make you guys see reason furthermore out of curiosity before most meetings I thought it um it was to be disclosed um if any of the Commissioners had meetings with the lawyer or the developer prior to this meeting and I granted I was like maybe 30 seconds or so late coming back in the meeting and maybe I missed that but if not has that been entered into find has that been entered into the record of which Commissioners have met with which developers or the developers lawyer prior to this meeting which I find curious because my phone calls and emails fell on deaf ears from my commissioner which I would ask that Rita Pritchard commissioner for district one recuse herself from this vote because she has not given the people the time she's given the developers thank you I believe all of the um the conversations that are had between Commissioners and the developer is uh put in writing to the county attorney is that correct Morris they're all made up part of the official file yes ma'am not traditionally disclosed prior to agend item having in the past well we've been we've been putting them in writing ever since I've been here and sending them to the to the uh to the county attorney so okay wasn't that way the last time I was at a County last couple count yes ma'am thank you uh we have approximately 20 cards left at five minutes a card so you know we can either and I'm not pleased don't think I'm being disrespectful but we're hearing a lot of the same thing so let's try to keep keep it to things that might be new that are important to you I know that I I could take this and cut the time to three minutes but I'm not going to do that I'm going to leave it at five minutes so that everybody feels like they're getting a fair shake at their conversation tonight so with that Joanne Jones please I'll be quick um as everyone knows flooding is a huge concern however not all the houses in sh I'm sorry Joan Jones 4930 Squire Drive Titusville I live in Sherwood um currently right now we just closed down our house in March and we moved there because of the atmosphere The View looking out my back my huge rare window um I overlooked the golf course now when I look out the window I'm going to see a flood I'm going to see that retention Pond and I'm going to watch it flooding my house um also right now my house is not considered in the flood zone surprisingly enough so flood insurance is optional for me I got it anyways but not everyone will be able to do that um and also some insurance companies could drop us because now we're in flood zones and with the homeowners insurance crisis in Florida what are we left to do what do we do and this meeting was supposed to be dependent upon the buyers applying for and submitting all of the plans not that has not taken place they were supposed to put in for a postponement um it was said during the last pnz meeting um and still currently what is there um the engineer ing plans for flooding the traffic analysis I mean how can this even go through if we don't have every all the information as residents it just it's not okay um and also our our home values will decrease absolutely with all this new congestion and all of this noise pollution that will happen during the construction during all these new residents moving in because not everyone's going to be a homeowner there's going to be renters now so um going off of a golf course magazine isn't very credible to me I would want something from a realtor compared market analysis something from a realtor to show me and prove to me that my house value is not going to go down we just moved in you know and I need to keep my family safe I'm not going to be up all night during the storm waiting for the flood water to come in and ruin the house that we just bought it's just not okay um let me see we already addressed the water pressure issues and just like at the last pnz meeting you know build smart like Tom had said build smart we can't risk our houses because of new construction and development and I do agree with you Mr steel that we want to make bard better I do but we can't do that at the expense of our house and our investment our property Our Lives you know what I mean and our expenses because when all this floods there will be a class action lawsuit there will be something because what are we going to do there's still no plans at all whatsoever to show us what you guys what they will do in the effect in the uh in place of the flooding I am seriously right behind the uh Retention Ponds and it's concerning to me and what's going to they going to enclose the Retention Ponds are they going to put fencing to protect the children that could fall in in a split second or the the Gators that are going to climb over the fence what's going to happen how is that going to protect us what are they going to put in place around the Retention Ponds to prevent catastrophe thank you thank you very much uh officers you know if you can find a place to sit down where you've got a view of everything please do I I hate to have you standing up for another two hours here so if that's up to you but I just did want want you to know that I think we'd be okay with that this is a friendly crowd so if you need to sit down please do uh Joanne Jones oh I just talked to you yes we talked a lot about flooding and valuation Laura miraa Mora oh God that's SRA Sullivan don't lose that one holy mackerel Laur Mor okay 4460 London toown Road I'm in Sherwood I have a bachelor's degree in Business Administration if you needed to know my qualifications um I came from South Florida I moved here to get away from South Florida and the development in South Florida uh the I'm going to say a lot of the same stuff but it's my home so I'm fighting for it just saying um the owner of the property lives in California the developer lives in Miami the engineering group is out of Melbourne and when they leave I still live there and I live on the very famous London Town Road which is the major Access Road I live on the what was the 10th hole um there was going to be there was going to be tow houses there they changed it thank you for changing that appreciate that now there's going to be a wall behind my house because they're going to put a turnaround so the lights don't come in my house right now there's a 10th Fairway that I look out on it's very lovely we did volunteer to buy the property from the owner he turned us down one of our residents volunteered to buy the golf course and maintain it as a golf course he turned them down another member of the golf course volunteered to buy the golf course he turned them down um we live in a capitalist Society I a capitalist I like to make money as much as the next guy but there is a book called The Seven Ways of um I it's escaping me now it's Steven cvy and when you have a good deal that means everybody wins and right now the only people are going to win are the people who are going to build and take their money and go home and the people who live there are not going to win um I applaud the effort at the flooding situation that we talk about Bruce is going to fix he says he's going to fix it right down the street from us at Garden Street and Carpenter there is a new development and those homes do not flood however the exit at 95 on the Garden Street floods every time there's a thunderstorm and they have to put batons there just so that we can drive through so good intentions are wonderful but that doesn't mean that it's going to work because that is failing right now at 95 in Garden Street I'm concerned about the trees I spoke about them at the Planning and Zoning Board when I went to one of the community meetings that they held for us um which were appreciated I asked the tree guy CU I don't know what his name is or his title so I call him tree guy said uh okay tree guy so how many trees are you going to keep and he said I don't know and I said but okay I need a number because if you've been to Sherwood Sherwood is beautiful there are beautiful trees everywhere and he said well we we have to retain 10% and the Builder and C who was standing sitting behind me as I spoke I was told later shook their head that that that's not what they intend but what you intend on a drawing and what actually happens ends up being different things so he committed to keeping 10% that to me was committing to get rid of 90% And until there's something that proves differently that's the only thing I got except for a headshake saying that that's not what they want to do so the flooding the Arsenic the trees the gopher tortoises my street that I get in and out of the driveway the kids who ride their bikes Etc it's our home we don't want this to happen we appreciate that it the project has been cut back so let's cut it back some more thanks thank you ma'am okay uh Lewis vasor is that correct yeah that's close close enough for government work all right hey I'm uh Louis vaser I live at 4460 button Drive resident of Titusville since 1964 um and grew up running around in those woods everywhere and um it took me about 40 years to save enough money to buy a house in that neighborhood I could have bought in Melbourne could have bought in merid Island could have bought in Palm Bay and I fought in Sherwood because of what the community is like and for these guys to come in and change it from what it is I just retired looking to spend my next hopefully 30 years relaxed in a nice neighborhood for these guys to walk in here and change that and and I got to give them credit Jim and Bruce and James and Tim they they they they reduced it from 900 down to 600 and the Planning and Zoning Board did everything but butter their toast they did such a great job in doing a great thing for us they didn't do a great thing for us they didn't do they do crap for us um the residents don't want it they don't want it okay sir you have to address the Das please sorry we don't we don't want that development there we want we want the community that we have and we want it to stay that way you made a comment on one of the one of the other uh Mr Ste you made a comment on one of the other issues we have traffic issues in order to fix it we need to add more people and more traffic to raise the funds to fix the traffic issues to make Bard a better place to live well we want a better place to live so listen to your stituents listen to your people that actually live in that neighborhood that are going to have to deal with the issues after they leave we have a voice I know we didn't pay a bunch of money to campaigns and but it's our place so I ask you number one to postpone the vote delay it till we get the new Commission in here um I'm going to ask that Miss pritchet recuse herself from the vote um yeah that's all I got thank you uh Mr Morris could we stop this with Miss pritchet recusing herself from the vote I don't believe she can legally do that is that correct sir stop please miss pritet is absolutely in every right to stay here and vote on this issue she is not personally benefiting from this so for you all to make the uh accusation offends me and it offends the entire commission so I understand what you have you're saying but I would like a a does Miss Pritchard could not recuse herself even if she wanted to is that accurate not not quite but what the law says is that campaign contributions the receipt of those that doesn't amount to a conflict of interest that requires exstension um or creates a voting conflict okay but the the citizens are entitled to raise that as an issue if they choose but it is not a legal prohibition from her voting or considering the matter all right thank you so much all right let's go on please uh with Travis Moore oh joy huh your turn thought was the last well I was going to put Miss Sullivan's card as the last one in but I'm not going to do that tonight to her uh Travis Mo 4354 longbo Drive Titusville Florida that's in Sherwood um I'm going to make a couple of comments not about Sherwood but in this process I called R pritchard's office I called traymont office and I got nothing and it just Disturbed me that if you run your business that way you'd be out of business you know we're we're your constituents we're your customers and I don't know how each of y'all does your particular office but if you don't answer the phone and get back to your con constituents you don't belong there now I got that off my chest um I used to be years ago on the east Central Florida Planning and Zoning commissioner board I don't know what we were to tell you the truth and I just remembered sitting in the back how I got there uh the guy that used to run marit Island Wildlife Refuge was my friend and neighbor and volunteered me but all we talked about 50 years ago was the retention of Green Space water quality and quantity and that hasn't changed in Florida is exploding with development and somehow or another are concerned about Greenland Parkland and water quality and quantity has shrunk with growth I just don't get it it doesn't work in my head and I'm not asking you to do anything other than consider the big picture with all the developments that are going on in North bouard we've got some concerns that are very valid and and I really listen to the engineer who's the expert on water retention and all of that stuff and I'm skeptical I really am and I'm very conf confused about waiver one can I ask a question to them not right now sir I think he said that was hole number one well on the drawings I've seen hole number one is the retention Pond they're bragging about and requesting more units per acre to give more green land doesn't work in my head because that works out to be more units per acre not more Greenland and the one thing I learned years ago was a lot of these Golf Course areas meet the requirement for Developers for Greenland for Park land for recreational facilities for the community true we don't have a golf course but we've got Greenland and and it's a great place to watch wildlife in spite of the one wolf that's running around that blew me away okay I'm sorry we we've got a few coyotes that wonder by we got a few pigs that wonder why we've got alligators SEL CR we've got it all it's a beautiful place to live and and we'd like to see it stay that way and I'm not against development don't get me wrong I understand a man has private land and he can do things with it but it has to be compatible with the existing Community we want good neighbors and Good Neighbors in our neighborhood are single family dwellings that's what's around that Golf Course except for a few exceptions that frankly slipped by we were here I can't remember if it was 12 or 16 years ago when some of y'all I don't think any of y'all were on the board uh Ley Ley I think was the developer out of Canada and it was voted down very very quickly because the community it just wasn't compatible with the community and I'd like to see that happen again and a point that I'd also like to reinforce is we have some new Commissioners coming in who have been very positive in in talking to us about defeating this so we if you can't defeat it uh we'd like you to postpone it till we get the new Commission in in place and that's all I've got to say and thank you for your time thanks sir good to see you Tom Sandra Sullivan Sandra Sullivan sou Patrick Shores um so first and foremost I would like you to deny the applicant and they can reapply amend their proposal and come back at a later point in time so that's my first request now I have some reasons so and they're going from 176 single family and 92 multi family and increasing the single family and almost four timesing the multif family so per the Florida statute ldrs it says um in in maintain existing density of Residential Properties if the properties are intended for residential use are located in the unincorporated areas that have sufficient infrastructure so the two things that I would request for the denial is under Section 62- 2881 under planned unit developments PUD which is this zoning request is it says such waiver does not violate the purpose and intent of any requirement of this article for the protection of public health safety and Welfare of the subdivision land I'm going to address that and then um also that it's the conformity with the requirement of such zoning regulations for a plan unit development I feel and I'm going to show that it does neither it does neither conform nor does it serve public health safety and Welfare and therefore this PUD should be denied at this time so in the packet you have the single family homes okay and towards the road over here you have the multif family Ah that's pretty normal for step down but what are they doing they're putting much more multifam and look it's adjacent to single family now usually when you step down you have a vegetation barrier you you don't even have that so they're going to look out their window at an apartment building how many stories okay so according to the staff's comments the existing Sherwood Community has documented FL flooding issues the proposed development with proposed lots and infrastructure over existing drainage systems and easements appeared to block historical drainage patterns limit access for County maintenance and may require the developer to vacate many drainage easements throughout the development including easements that are County maintained so let's look on the flood map because unfortunately staff did not zoom out enough to see the flood map for this area do you see do you see a problem there all the wetlands around why this property has such a uh flooding issues it's because it's part of a larger flood plan okay what is happening right now on the west coast in Sarasota with the recent rains so you had communities that were built that were older communities and in comes a new developer and they build adjacent to it and they build it up okay and so now the older communities look like this yes so what are these guys going to do are they going to raise their elevation oh according to your your ldr your your ordinances no no no they can't do that but we know this is happening all over Bard County um so I also want to address um so we we addressed the not changing it to a PUD because the protection of public health safety and Welfare because it's going to flood them frankly and two non-conformity with the layout of this development and it's just it's lovely looking at you all as you look up into the space and look at down at your knees or whatever else you're doing or into the space and just ignoring me as usual the mim's water treatment plant design capacity is adequate to serve but there's a problem with it it's under maintenance yet you know what it's really interesting because there's some other people here that said you don't have capacity how long is it going to be under maintenance that this is issue I mean we just pass pass something earlier you know comp plant changes because you know there's not the water supply with with Mims so you're looking at building a new water plant so are we talking about this temporary is until you build a new water plant so I contest that this also is a concurrency issue that does not have adequate water okay so then we come to a flooding issue and a general Trend in Florida Florida and particularly local counties like Bard County are not doing their obligation for to protect the flood plane thank you m Elman Heidi Peterson okay do we have a Heidi Peterson here that's you that's me all right Heidi how are you all right my name is Heidi Peterson 4405 London toown Road uh I've lived in Florida for 72 years and my family lived in here for three generations for over a 100 years you know and here lately I see everything getting buil up they fill into wet zones to build houses on them the water's got to go somewhere and y'all just going to cause a problem because that area is low unless you can do something with the St John's river you can build all the ponds you want but if the St John River overflow you ain't got nowhere for water to go and you shouldn't be building houses and on the future use plan Maps there's plenty of vacant property for this P to the highest and best land use north of us but they want it on the Sherwood golf course they can get it from the guy in California cheaper than they can buy the land they don't have to clear it or anything because it was a golf course so it's to their benefit but it's not to the benefit of the residents in Sherwood you know the heavy traffic both ways London toown Road which I live on is one of the roads in and out basically it's the only road right now they say they going to put some other roads but uh you know the setbacks and the current zoning are protection for us the homeowners but they want to have waivers on everything you know it's it's to protect us against the developer the engineers so they can't omit and cram in the wishes that don't conform to our neighborhood we've asked to purchase the property which other people said too behind us it was a blind contract we were not able to review bid on it or whatever which sounds very suspicious last of our Comm County Commissioners you are our representation that we hired by voting please show us integrity and don't forget us please vote no and I'm like the rest of them I think it should be postponed thank you thank you ID face Swanson I have six like four pages packets each can I give that to you to give out to them just bring it up here ma'am okay all right my name is Faith Swanson and this is a statement from Jeff and Jeffrey and Faith Swanson we live at 2036 North Carpenter Road Titusville Florida 32796 uh uh we own the tow houses at 2030 2032 2034 and 2036 North Carpenter Road the proposed development surrounds our property on the north south and west side so that's that little blank that you see um well you'll basically it's this one right here that you'll see but just um I I put the flood map in as the second one we are opposed to the proposed Sherwood development for three reasons one The Proposal fails to provide adequate storm water damage drainage two the proposed buffers are inadequate and encroach on our property three the development destroys the natural beauty of one of Titusville beautiful neighborhoods we are concerned about the impact of the development on our drainage because the drainage map in the uh PDP document does not specifically show how the proposed units to the north or south of us will drain it appears that the storm water will drain to North Carpenter Road rather than be conveyed through storm pipes to an internal storm water management system within the proposed development we are very concerned that this significant increase in the impervious areas area drainage to the north carpenter road will cause flooding to our property and the surrounding areas including longbo drive the existing drainage cannot handle the additional storm waterers runoff the developer claims to have changed the PDP to make a better water system to help the community however the PDP PDP 725-24 that I received from the county September the 3D 2024 has no proof of addressing these concerns that are detrimental to our property and the neighborhood in addition the PDP is not clear what we really need is the stateof an arc water management system and that area also the developer seeks multiple roadway access points one of which track H right of away is the is in close proximity to our South property line I provided section 62 4342 of the vard County Municipal Code calls for a minimum of 15 ft type B roadway buffer for all development except individual s s single family homes not within platted subdivisions the submitted PDP document does not call for a 15t buffer or any buffer between our property and the track H 30 feet right away furthermore it appears that track H roadway is so close to our property that the curb returns onto North Carpenter Road will overlap our driveway shid is not just a neighborhood but it is a community where neighbors are involved and engaged with activities throughout the year the proposed development will not only devastate the uh appearance but the character of Sherwood furthermore it will destroy the quiet beautiful neighborhood and the adjacent serin Serenity open space that we have enjoyed for over 30 years we are requesting that you vote against the approval of this proposed development due to the detrimental effects to Sherwood and the surrounding neighborhoods thank you thank you man ma'am question yes sir commissioner Goodson got a question ma'am yes your property falls on the north side of London is that correct your your condos uh they tow houses fall it's between um North yes sir it's on the North side right and then you just have they don't show you here but there's two right no go ahead ma'am there's two homes here that that's been under construction for over seven years with The Bard County sign up on two 2,000 uh North Carpenter Road then you have another house these always get flooded just a little bit of rain today they were already flooded they want to put a road so there's only two houses here two houses here so they want to put this road like circling around here you know and then you want to change the zoning too but I apologize okay no you needed the answer the question uh commissioner Goodson you have anything else all right thank you very much Anna Swanson thankk you very much Katie Delaney good evening Commissioners um A lot's already been said tonight um I've been to almost all of the community meetings that have gone on with this neighborhood and while I do appreciate the developers talking to the residents and trying to make their project fit within this it just it just it just doesn't and that's why they need all these waivers because it just doesn't work um this neighborhood is so incredibly special to North Bard um you know I know I've taken my kids to the Christmas lights every year that I've lived in North Bard and um you know Halloween is a major event golf cart parades the whole thing um and destroying that atmosphere in North Bard will be frankly horrible um adding 1,200 plus Vehicles going through this neighborhood will be horrible I mean we have I door knocked in that neighborhood a lot of houses and there are um some very elderly people in there that a change like this will rock their world we're pretty much making history tonight having three candidates in this room today that one of us will be sitting in that seat all of us different party affiliations were three very different people but on this issue we agree and we're all here and so I'm asking you tonight if you for whatever reason can't vote no that you please postpone this until after the election when one of us can have the chance to fight for our community thank you hold on chair commissioner Goodson yes sir um you know uh what you need to understand the most important thing and you need to understand it really quick okay four to one doesn't get you anything yes sir three to two will get you somewhere yes sir so you understand what I'm trying to tell you yes sir so by you promoting that you're going to solve all these people's problems that's not what I was promoting please don't because you will be one standing outside in the cold if you so make sure you're aware of that thank you with with if I could have the rest of my abely go ahead um you know with it would give us the chance to try to convince our commissioner that are sitting up here us as a board together we we would have the chance to make that argument for our community um and of course one person can't make the difference um always but right well I mean I I uh I'm sorry you feel that way um but it's it's uh I would hope that Florida statute would come into play with all of this because we have Florida laws protecting homeowners that developers cannot come in and disrupt a neighborhood and negatively affect a neighborhood so I would hope that that you know that would come into into play and I would also hope that it would come into play that there is a room full of people here tonight who are begging you to be their representatives and I can tell you from speaking to this neighborhood almost in its entirety that there is not one person who I've met other than the man here tonight which we now know the special interest in that that is in favor of this project and if if we're not here for our community what are we here for now we appreciate your comments Mr Lany we do uh commissioner pritchet did you have something you want to say yes sir okay that's fine uh thank you so much all right uh it's Bailey Ste steu or Ste or oh stelle okay that's the first time I've actually heard your name you've been here many times and I didn't know your name so hi stelle hi St Bailey poor St John Florida first I just want to bring up I have a family member that lives in Sherwood so that's why I'm here tonight representing them and a lot of the residents that we have met with in Sherwood um they bought knowing what the zoning was um and currently homes are coded some not all of them but are coded as a golf course Frontage which means they would have to be recoded and their question tonight to you since they could not be available to come and speak with the timing and working is how will this affect the tax basis because they will no longer have the site code 0210 which is your golf course Frontage some of the Lots though are coded 00001 and that is a no other code app applies has anyone market value analysis analyzed the homes coded versus homes down street in across street not coated with the golf course Frontage and who is going to revalue all of these homes and understand the tax loss of these homes no longer considered Golf Course Frontage which has featured such which has features such as conservation land grass Etc also I saw that they did mention environmental and of course I'm going to to touch on that a little bit because there is no uh soil samples I did see that they are planning to do that um however I think that this should be postponed until those testing results come forward we don't know if this is a Brownfield site we don't know any of the information on it they talk about the state regulations well guess what's not regulated perorin compounds you know what was used on golf courses pesticides and sometimes it's watered with reclaimed water which has high high levels of perorin compounds and so this is a very big concern for the community especially with flooding because we know flooding moves those contaminants within the community and neighborhoods I also would suggest that you postpone this until that traffic TI is approved the testing is done and the study on the storm water is done and I want to give another example of how the storm water ponds don't work on State Road 50 there's a storm water Pond behind Sony's which is a a restaurant and there's a neighborhood behind that and during Hurricane Ian I was or Irma I'm sorry I was actually standing or staying within the community back there because I have really close friends that live there and we had to go out there during tornado warnings to go dig a trench in that storm water pond because the entire Community flooded because it over flooded out of that storm water pond so you have to understand why people are skeptical if that's going to actually work so wait and postpone until you have that study done lastly I also want to mention I'm really glad that the six failing Bard County golf courses were mentioned and I know that the State Park Golf Course Great Outdoors initiative was mentioned that Governor des santz and the Florida Department of Environmental Protection are so well known for recently and it's just too bad that our excellent lobbyists can't go and Lobby for that money to restore these golf courses thank you okay thank you Corey McMillan hello uh Cory McMillan um I'm here on behalf of my parents their 4831 Squire's Drive um just going to talk about the flooding again you guys have heard that enough um just real quick um just kind of wondering how the county addresses to upgrade or uh the current system that's apparently was never originally designed to handle FL in and that it's also 60 years old um how can how can the uh developer or the project engineer State the stormr system will be better when the developer isn't required to address the current one that doesn't really make any sense to me um also if this is approved will the current residents I know you guys don't have answers to this but just kind of something to think about the current residents be required to join an HOA and with the amenities that were talked about a pool pickle ball Clubhouse especially with the pool that's liability insurance upkeep security so that's if they're forced to join an HOA that's extra cost so that's got to be taken out of the extra property value that would be increased supposedly and also with the retention area behind Squire's drive that's coming that's going to have to be dredged so that's something else that the residents will have to pay for um so I just think there's a lot of hidden cost for the current residents doesn't mean there shouldn't be a development but I think you guys should really uh delay this until the reports come in and just a little bit more information for the residents so thank you for your time thank you sir John Green evening John Green 1217 Fon Circle Titusville Florida I own two Parcels of land within 500 ft of the proposed development hence I'm here both properties have significant uh Carpenter Road front AG that will be dramatically impacted by the traffic from this development someone mentioned earlier 80 7% of the traffic will go to North Carpenter Road so I'm here uh in favor of this and requesting approval of the applicants request for future land use changes and changes of zoning classification it's a good development uh that Clubhouse down there is a wreck the neighborhood's beautiful but they've got issues and this development I believe would help alleviate them thank you thanks sir Brian bobit so will this will be the first and the last time I will allow you to introduce yourself as a candidate for district one thank you my name is Brian bobit 4355 blue J Place tville Florida and I am a candidate for district one thank you all right so during the planning zoning meeting a few weeks ago uh people from the ballerina group had mentioned that this is one of the most uh contested developments that they've had in a very long time there's a reason for that we the people of the neighborhood are tired of it we are tired in North bard of seeing this loose and Reckless development go on that going through and clear cutting our trees they're adding a strain to an already exhausted infrastructure system they're overcrowding our school schs they're overcrowding our neighborhoods and they're overworking our First Responders that are already not getting paid enough Mr urman had already mentioned that the low water pressure is a lifethreatening issue to our firefighters and we're going to tap more homes into that it's not right we have seen the plans and some of the greatest disasters in history had the greatest plans this does not work they don't have the testing from the soil they're not exactly 100% sure on how they're going to you know fix the flooding issues we know we're going to build some legs but then a friend of mine is going to have a brand new Lake in his living room so hopefully we'll get to go fishing if that happens there's a lot of things that are just not working on this plan and it's your job to make sure that you're taking care of the people Rita you said earlier today that you're going to do your very best to make the best decisions for your community always always this is your community sir you have to address the Das please don't address the audience behind me is your community we are talking to you go out with a win show them that you were listening to them and you did this as a passion to serve that's all my time thanks sir thank you all right we're down to the last card Nathan melon I've been called worse melon that's okay it's okay maloon like balloon Buton it makes no sense when you read it um good evening my name is Nathan maloon 1990 West New Haven Avenue weer ralik I represent Mr Erman who spoke earlier and I'm here with with one ask we have a Known Unknown and that is the arson in the property that presents a serious safety issue and a serious health issue to the property that we frankly don't know what to do moving forward with with how is the Arsenic from the golf course going to be dealt with and what's that going to do for the properties and for the surrounding Property Owners uh there's a golf course up in St St Augustine area where they put 5et of dirt on top of the old golf course rather than having to go out and clean the clean the property well here when they put the ponds that's the opposite of putting dirt dir on top of the golf course um they're going to dig it out and cause that to disturb the air and disturb the the people so we we ask the County Commission this evening to postpone the vote on this so long as we can receive the soil sample to know what the actual effect of that will be on the um on my client specifically in the neighborhood as a whole thank you thank you very much commissioner Goodson question are you saying that your only concern is arsonic are you happy with the other drawings and the other apartments and the other houses I think everything else was touched on my what I really wanted to kind of come in and and make my arguments on specifically in the interest of of time is there a set percentage of arsenic you should have per cubic foot of dirt I don't know I'm asking I'm I'm not I'm not smart enough to be a an environmental scientist I just I'm just just a lawyer um but I think we would need that we we can't know what what's in there without having the test results and having to get an expert to tell us that thank you sir thank you chair all right I thought it was the last thank you very much for your comments to the last card but no Nathan uh come on up buddy he's a candidate Nathan is the last candidate you get a first and a last chance too because trust me we were hard on Katie when she said anything about being a candidate to be fair to you sir I had no interest in that tonight I'm actually here tonight because my company does work for sheerwood Forest Drive at sheerwood Villas we do the Landscaping Property Services I've done a lot of Renovations in this neighborhood I live right down the road from this neighborhood I've spent a lot of time I met with a lot of homeowners back in there so I know the the area very well one of the initial concerns that came to me was flooding and we've heard it a lot tonight now the developer has proposed the flooding mitigation and I think the plan tonight looks great but what is not being talked about is the everyday Stu that occurs that I get to see from the maintenance side of the facilities when Ian hit it was overwhelmingly flooded and I think what would benefit the people who live here is a solution to that problem so it's not coming back because it came through the woods it came up across the roads and down through where the four-wheelers and the golf carts drive so the flooding was the backup is the fear and if there's more houses there's less places for it to back up so the fear is where is that water going to go not necessarily the water for the houses that are sitting when they build but the water that runs off where's the displacement going to go that is the concern that I'm hearing and and I think that's a valid concern people are worried that their homes are going to flood when a hurricane comes through or when massive rainfall comes through and it pushes it backwards from the back of the St John's all the way back into this neighborhood so I wanted that addressed because it's been the top concern I've seen the traffic I finally got an answer on the traffic tonight I that was one of the first questions I got last year when this started I was at the original save Sherwood meetings when they first started I wanted to go and talk to people and listen to what was being said and hear what was happening traffic was a major concern clearly we have an answer to that now so we know what percentage of capacity we're at we know what it's going to bring I'm glad that was answered however I will note very importantly that I feel not that the developer has failed on this I feel feel like the county failed the citizens on this and maybe not necessarily you maybe it was the staff that's for our operations to find out where we failed because when people have simple questions like what's the capacity of Carpenter Road and what's the percentage what will it hold what's it going to add these questions were not answered and I want I want those questions answered moving forward I want to know if we have a solution to these problems when people say well this flood my town home do we have a plan for that when someone says it looks like it's on my driveway do we have a plan to fix that are we addressing the specific maintenance issues somebody talked about dredging a um the retention Pond these are specific maintenance issues and when these questions can't get answered that's the county failing that's our leadership failing that's not the development failing they have a job to do and it seems like they are doing it tonight but I want to make sure that the county that we are doing ours also thank you I commissioner Goodson go ahead please could I ask for Bruce Moya to come back up absolutely thank you sir I have two or three questions uh in designing your Lakes you have an outflow structure somewhere correct yes sir and that outflow structure goes to what ditch and where does it go after it gets in that ditch so the this property has two outfalls one to the north and one to the West uh but they they ultimately flow West to the St John's river yes now would there be any would there be any truth to the fact that if you had a major hurricane and St John well if St John's backs up and the only way for it to get out is Jacksonville correct yes so it's not like you're draining North Carolina off a mountain so it's going to take time do you have projections on how long it's going to take your Lakes to to bleed off or bleed down or drain up yeah so that that's the that's kind of what they've been asking for but that comes after this so when when if if assuming we get approval to move forward then we do the engineering design because now we're talking about spending tens maybe hundreds of thousands of dollars to give you these answers okay and that's the the the design that we do that your experts over there review to make sure that we're addressing the fighting problem does any of the water in north um off car Road any of it flow toward the Indian River well no I don't think so because you're west of 95 right I don't believe it does uh I believe the all the there's actually a culvert that goes under 95 that's flowing West through this property and out I think John could probably make sure I say this right but uh so we have looked at the pre-development um Basin of this area we know where the water's flowing so we know where everything's going we just haven't spent that kind of money yet to do that design to make sure it's going to work because I mean you wouldn't buy a house and then do your inspection after you bought the house right so you also have to Mr I'm sorry go ahead go ahead you also have to hold a 100-year flood do you not in the ponds or how long do you have to hold we have to meet the the requirements of the St John's and the county and then we have to look at the effects of a 100-year storm yes right I thought so thank you chair yes sir uh any other questions yes sir commissioner Prett Mr moak um couple quick questions sir um does this when we when we have to when you build this project and you have to contain the um water now let me ask you this CU someone mentioned this does this make this turn into a flood zone I have not seen that um this is not a flood zone currently in this area I have yet to see a development come in and make it a flood zone um because yeah I have yet to see that but you'll find that out after if you if you get this approved and you start moving forward that's some information you'll come back and of course the staff will be working with you because some things might have to be tweaked at that time as well right and the flood zone basically the it's based on an elevation so as long as you're built Above That Base flood elevation you're not in the flood zone okay and I'm going to put you on the spot one more time because somebody else brought this up but I watched the pnz when somebody brought up the 10% trees yes do you want to go ahead and and restate what you were talking about at the meeting you you made a statement about the trees yeah it's not that we're saving um 10% of the of the I think what were're making we were more specific about those specimen trees and the larger trees the requirement is that you save 10% of the existing trees uh there's a canopy requirement that the county has so we'll be doing that but we're also going to be making every effort and if you look at the layout we've actually placed those trees that are uh 20 in and above on the plan and we are not removing 90% of those existing trees that are 20 in or greater thank you sir I have a question go ahead I'll go ahead if you have Mr Moy I'm G to say something um what do you do if you find AR arsic on the on the property so I'm not the Souls guy but um this is not the first Golf Course to be developed and I'm certainly not the last um I remember this issue came up pretty big at the Palm Bay one when they did Port Malibar um so and and because of all the golf courses that been developed now since then it's become a science they they have a process the state governs it it it it happens all the time okay but if there was an environmental issue when you all started you'd have to stop correct there will be a soil sample uh uh report and and study and all that stuff will go to the sub soil time that's what I wanted to confirm with staff and thank you for asking the question so there are safe safety builts absolutely yep the state will step one more question that came up is the HOA going to be required for everybody who lives in that neighborhood now so HOAs are almost always required for puds because there's common fa existing neighbor so they are not required to join the HOA no just want to check that thank you a lot of questions that we needed answered that hopefully will be some of the questions that were asked tonight anything else commissioner PR um an interesting thing I'm done with you right now Mr Mo thank you we're done with you brce we're done with you when um we first started on this gosh back in long time ago we had three golf courses we had to um work through and all three of them were having tremendous problems with financial situations and so one of the golf coures savanas what they did is all the people got together and they bought the golf course and they paid a high premium amount of money and they're running the golf course so but they had to come to the table with enough money to do it I they might have a price where you can buy them out too I don't know but I'm I'm sure it would be be quite costly but it's one thought but they're still having trouble right now trying to make golf courses work but anyways that's a whole another subject and whether they're going to work or not the study that came back is they are having troubles so they're trying to get taxpayer funds now to help existing ones so I I don't know where're on that but um something have to consider is that people have property rights of property they own you guys have your property rights the owners of this property has property rights so it's us up to us to make unemotional decisions the best we can of what will um take care of everybody's rights and still consider the neighbors as as whatever happens with this the storm water I've watched past um developments come in and it has solved a lot of storm water issues in certain areas now um it's funny you guys all liked me until this project come up and then all of a sudden I don't pay attention anymore but um the other Commissioners as you come in through this they're all fine people you're going to have to you know manage that later what's interesting too is everybody's jumping on donations but I happen to know a lot of you guys donated to the ones that are running too so what are you going to do when they're in here they got to recluse themselves too and they're honest people too I have no problem knowing they're going to make good decisions but the interesting thing is if we vote this through it's going to be up to one of them to watch over everything and make sure the flooding is going right and the traffic's going right and the traffic's still got to be worked out so what happens if if this gets put through there's still so many hurdles to jump through it might not still end up being able to do this many um units because there's all those other issues that still got to be dealt with this is a small scale comprehensive change so um a couple more Thoughts with this is when I've been watching it I'm not allowed to tell anybody my opinions a matter of fact Mr Moore I just got a hold of the office real quick to find out they said you called yesterday at 11:35 and they wrote a message down for me and she said you didn't really ask for a call back if you would have I would have but um I was getting everybody's information I had one I'm sorry you can't respond from there I had a couple people asking me what my stance was and I'm not allowed to give it and if I do that I'm breaking the law as much as I care about you I'm I'm not going to do that for anyone so I've been taking notes and getting good data and and trying to listen to everybody's um problems and what they need and I have been getting some feedback and when I first me with the people and they gave me their project I just listened and I thought yeah this ain't going to fly they have 900 units going in they're taking an existing comfortable subdivision and they're putting um multif family I'm thinking yeah this ain't going to work and my thing to them was go meet with the neighborhood and go listen to them and be good neighbors and then I watched a couple other things come back through the time period And I I think they've made a lot of concessions with you might not be perfect I get it and nothing is perfect but guys people have got to have places to live they're not going to build big ugly things they're going to be wonderful brand new neighbors moving in and here's a thought I've got we can't talk from out there when I'm talking I'm sorry but but I've me and my husband we got three kids that live here and they had six kids and they're growing up and we got to have houses for them to live in too so we have to have housing and so housing's a good thing and the fact that they went from 900 units and they moved all the density up by the busy road which really I thought was a good thing because it's not really affecting the in part of the neighborhood now and they cut it down to almost half I I think they're trying they still have tons of things to get through I still want to see what happens with the traffic later I heard the gentleman say that they're still not going to be at capacity but as they start trying to get all of these items set in stone they've got to get it through the staff and I don't know if it'll all fly or not they have to get the storm water taken care of the traffic all of those things have to be taken care of and Commissioners which one of you get it is going to be your baby then to make sure everything's falling in place and so you're going to have to make sure those things happen and and and work out but as far as the project they've they've gotten it down to a a a smaller project I think it fits the golf course is not coming back and and something has to go there and what could have gone there housing's probably the best thing to go in there is to have other residents live in a residential area so that's my thought on it um I think if you guys have any other questions it' be good but I'm going to make a motion to pass this there a motion to approve by commissioner Pritchard is there a second second there's a second by commissioner Tobi Is there further discussion from the commission hearing yes commissioner toaya I I appreciate everyone showing up and and and I know you've taking a lot of time and I'm just going to give you my two cents on it even though I'm already here so as you were forward I I understand you're trepidacious for um you folks moving in and you think it's going to cause harm I I did some wild research here on Wikipedia um there there were indigenous people here 6,000 years ago and then other people moved in Indians uh the AIS I don't know how to pronoun ice Indians moved in I'm sure those indigenous people were a little ticked off when when they came and appropriated the land then the settle then uh Spanish settlers came came sorry for the history I don't live there but and uh well I've never turned out a crowd anyway here's here's the point to this whole thing I'll I'll save you a little bit of History 30 years from now List have a nice night 30 years from now the people that build these homes right will be back in this audience I guarantee you I won't be here but 30 years from now they will be complaining when new development is going on so your experience is not unique in fact when you moved into these neighborhoods I guarantee you there were people that said don't build those homes in surewood but I think you've probably been very good for the community good stewards and I greatly appreciate that and and I'd hope you'd welcome these other people because I think that they're going to make Titusville which is a good place uh that much of a better place sorry don't like that I've never turned out so many people but that's I I think it's only fair to let you know where I where and why I'm voting on this and uh I really hope it goes successfully and staff does uh the due diligence to make sure that many of the issues that you discussed are are dealt with uh dealt with well yeah I just want to mention I know this isn't easy it's always difficult when you when you have things that you're very emotional about but I just want to commend you guys for staying and listening and not being rude and being kind at this point I just think you really deserve that right now so I just want to say that to you thank you there's a commissioner felner I'm just going to say real quick I'm not voting for this tonight and uh well I don't need that that's that's that's kind I don't need that I have some empathy for people who buy um house on a golf course I think they had every reasonable expectation that that's the way that it was going to continue and I'll split it with you I don't know what the answer is when a golf course uh has financial trouble and um uh what the eventual outcome of that um will be I I gave the example the other day of if you bought a house say that borders uh a parcel that has Wickham Road Frontage then you have to expect that a Home Depot or a public will go there that's that's that's reasonable but when you buy a house on a golf course um I think I think it's reasonable that you expect it to continue to be a golf course um so for that reason I'm going to vote no today any more discussion hearing no discussion all in favor of the motion signify by saying I I all oppose Nay n okay it passes 4 to one now we have to have a motion for the next portion please I make a motion to pass item h13 is there a second oh I'm sorry with the existing conditions staff gave us 14 conditions that have to so um what I would suggest is uh with the motion um approval of the Pud uh zoning classification and plary development plan subject to the 14 conditions identified in the Agenda Report which are to be incorporated into a binding development plan okay yep is there a second commissioner toaya second sorry uh any discussion all in favor signify by saying I I I all oppose nay motion carries all right let's move on to um the public comments and oh my God Senator Sullivan what a surprise what now whoa one second Sandra what what what what what I'm sorry oh I don't see an h14 A1 J1 commissioner all right um who's handling this for staff item uh J1 is is a request from Clover Town Homes who are seeking a a um the board to Grant five waivers to Our Land Development code to allow for the development of a 13 unit single family attached subdivision and those waivers include a waiver to section 6228 87c which relates to the internal access of the uh development and then a waiver to section 28 83d which requires a 15 ft minimum perimeter buffer and then a waiver to section 62326 B4 which is relating to the backing of automobiles directly into the RightWay and then a waiver to section 6228 to8 which relates to driveway spacing and then a waiver of section 62 3751 which relates to the slopes on a um dry retention Pond if you have any questions relating I believe answer yes I would like to make a motion that we accept these waivers but also Al add on that the uh home the association Condo Association will sharing half the cost of the road because if you know think about the road it's a dead end Road and they're using it for their n and egress and and AG agress so I think they should pay for the maintenance on the road I think it should be done at a 5050 split now then if the West Side develops and uses County Road then we could go a third a third a third I think it should be a a yearly rate that way we build up the money because the only thing I see now maybe 20 years now 15 you would resurface the road but it's not fair that use County Road for no for no uh recourse now I would give that to moris and Frank to work it out and see if we can come up with some agreement that's the only way I would like to see the variance is passed Tad you have any comments Morris I think it's not an unreasonable request given that the waiver essentially relieves the the town home development from having an internal driveway which is what you would typically see there on the other hand I'm hard pressed to think of an example in the county where we where we have anything like this elsewhere uh and maybe John could help me with that if there is one but you know I'm sure it's something we can reach out to developer and see what we can work out John you have a comment I I had a concern about the uh the sprinkler requirement that was included in the agenda um was all so fire line the yeah the the sprinkler system in internal to the buildings was a request that uh uh that is really associated with how many units are in such a confined space and and so becomes an additional fire protection concern for uh fire prevention all right so I would take it then commissioner Goodson that your motion is is to send this back to staff yes sir but but your Motion in addition to conditioning it on some agreement regarding maintenance of the road it was also conditioned upon the sprinkler automatic sprinklers for the residential buildings correct sir yes they're telling me that I missed one of your questions which was about am I aware of a similar sort of situation where we had I don't know of a situation where we were sharing responsibility for maintaining Road in at any location in the county um let me bring one to your attention excuse me let me bring one to your attention Okay if you remind me maybe I'll remember uh how about Robert's Road you've maintained it it's private road right uh I think we do maintain that yes sir yeah so there is some but anyway it doesn't matter John we just I just want this by them using your road I want them to Main pay for it pay for the use I I think that's a very reasonable thing to do I just don't know what the mechanism would be for us to be able to do that uh that would be my concern uh and uh but I love the concept I would love they maintained it entirely that would be even better well you know I guess one way you could do is you could just get the square yardage and convert it to tons and because you know eventually you're going to have to resurface it at one inch thick and you could prate that over a period of time and uh the only other thing you got there is uh curb concrete curb and it looks in good shape you know they would normally have to install an internal driveway uh this waiver relieves them of that requirement so we can try to negotiate something sir we we'll figure out some mechanism Frank you could make you could make the motion contingent on uh them agreeing that granting of the waivers contingent on them agreeing to pay half the cost so we have to enter an agreement with them because if they don't agree on the variances then they ain't getting the variances let restate the motion for the clerk's office please so that we can get it on public record you know so I believe what the commissioner is suggesting is that the uh board conditionally approve the five waivers subject to approval on installation of automatic fire sprinklers for all residential buildings under the associated site plan as well as the applicants agreement uh with the county and uh and arrangement to provide for the equivalent of of half the maintenance cost for the road is there a second please second there's a motion by commissioner Goodson seconded by commissioner pitet is there any discussion hearing no discussion all in favor signify by saying I I I'll oppose Nay n motion carries Sandra Oh Thank You Ma'am Sandra Sullivan South Patrick Shores so first regarding tonight's meeting I just want to say this do not be deceived God is Not mocked for whatever a man or woman SWS that he will also reap for He Who SWS to his flesh will of the flesh reap corruption but he who SWS to the spirit will of the spirit reap everlasting life [Music] now what I'm here about okay so this is a letter that came from the state from the Department of Commerce and I had sent them a letter uh regarding development on the Barrier Island in specifically with regard to variance height versus um right height and a legal opinion uh that uh Mr Goodson's office was gracious enough to provide that you have to use the right height and not the uh variance height we have this going on in Satellite Beach uh right now and so having sent a letter to the state um we have right now they by the way pertaining to Satellite Beach they want to put 98 the height of oceanana which was just for the attorney's benefit was two tdrs to that site and on all of the comp plans says this is only the zoning is only for this height this is this is analogist to to Meritt Island with the hospital being 166 ft you can't put the sb102 to that height so um you now have this letter uh which clearly states that you have to follow the the the losos uh which includes level of service standards for public facilities which would include hurricane evacuation Los standards I look up and eastern central regional planning Council has come out with their renewed study we are now 61 hours to evacuate by State Statute that losos is 16 hours so it's far in excess and then they have uh numbers here as well so there are 164,000 people to evacuate in roughly 77,000 vehicles and 1222 shelters that can accommodate about 8,000 people evacuation time is 61 hours for CAT 5 and 16 hours to shelter according to State Statute 163 3178 8A Coastal management the state level of service requirements are in deficient in the 12-hour evacuation time to shelter uh we are at 16 hours and you have the rest I would appreciate your assistance in modifying Senate Bill 102 policy to protect the Barrier Island thank you okay um I hear a motion to adjourn or board report oh we have a board report nobody's got a board report right okay County Manager I do oh no you don't County Manager I'm kidding County Manager you have a report no I do not Commission commissioner p no report no I you have a report I do I do I got a little one Sandra Sullivan started it and if you start bringing a scripture every Mee and while do one to and this will be great so Romans 8:28 and we know that all things work together for good for those who love God and to them who are called according to his purpose so I just thought it'd be fun to get to to do that as well um a couple of things I just want to mention to everybody is this we have such a great community and a great County and it is just wonderful hearing people come out and be able to give their opinions on things and by the time we get done hopefully that everybody will move forward you let me tell you what you've never made yourself any better by trying to make somebody else worse when you mock them and ridicule them it always comes back to yourself so thank you for the way you guys have handled things thank you sir for the way you came up tonight and spoke your piece and didn't try to pull everybody else down I really appreciate that a lot so that's all I want to say thank you chair I got one yes sir and it's not a prayer but pray for Florida State and pray for Florida win amen no they need a lot of help you want to win i' just be happy oh my God commissioner felner report no yes I can't follow that up Sir okay can I follow it out with Morris you have a report I have no report Mr chair I have no report do I hear a motion to adjourn let do it so move second second second yep all in favor signify by I oh boy this has been fun tonight 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 Bard County Florida Space Coast government television or the program sponsor and are solely those of the presenter the board of County commissioners of bravard 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 [Music] [Music] [Music] [Music] [Music] oh