e [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] a [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 established 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 res zoned 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 rezoning or conditional use permit request before the board the commissioner must disclose the subject of the communication and the identity of the person group or entity with whom the communication took place before the board takes action on the request likewise if a commissioner has made a site visit inspection or investigation the commissioner must disclose close 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 well good evening uh welcome to the zoning meeting of Thursday May 2nd 2024 uh we have our Pastor Osborne of friendship primitive here we need a little blessing tonight Pastor so help us [Music] out our father Our God we come today with Thanksgiving thanking you God for just allowing us to see another Day's Journey God we thank you God for this Gathering today God we pray God that uh you would be present in this meeting on this afternoon God that and God we pray God that you would continue to bless the residents of this County and God we say a special blessing be upon the the leaders of this County God that you would give them the wisdom and the courage God uh to lead uh the great residents of this County God and oh God we will be very thankful and continue to give you the praise the glory and all of the honor it is in the mighty and most magnificent name of Jesus the Christ we do pray amen amen me yeah go ahead please please join me in the pledge I pledge aliance to the flag un States jice okay um do I have a motion for approval of the minutes please so is there a second second there's a motion to approve by commissioner Tobias seconded by to commissioner felner all in favor signify by saying I all oppose nay motion carries we have no resolutions Awards and presentations this evening we have no consent at uh agenda this evening uh public hearings G1 Suzanne cook Jeff you up thank you Mr chair it one is is uh before we go do we need a motion to allow thank you motion to allow commissioner Goodson to participate telephonically we do thank you so very much I'd like to make that motion okay there's a motion on the floor is there a second I'll second to allow commissioner Goodson to uh to participate by phones thanks to you commissioner tobiah for doing that all in favor signify by saying I I all oppos nay okay commissioner Goodson you can't say a word though you can just listen okay I'm not sure of that okay so uh G1 Jeff please thank you U Mr chair item G1 is Suzanne cook request a conditional use permit for a guest house in Ru 1-13 so in classification uh application number is 24 z007 Tex count number 24 31745 locating District 2 it is being requested uh the board contined this public hearing to the June 10th 2024 pnz meeting and the July 11th 2024 BCC meeting okay do we need a motion for that Morris Mr chair yes I would like to SEC make that motion exactly what sta okay I think you're making a motion yes okay there's a motion on the floor is there a second second uh any discussion all in favor signify by saying I I I I all nay motion carries okay going on to uh G2 Christopher here Christopher soer requests a change the zone and classification from ru 1-9 to Ru 1-11 application numbers 23z 0086 text account numbers 210 4016 located district one Mr chair I make a motion to approve it motion on the floor to approve G2 is there a second I'll second uh any discussion all in favor signify by saying I I I all oppose nay motion car carries G3 Jonathan Emily School field request a change of zoning classification hit it Jeff J Jonathan and Emily schoolfield request to change his Z classification from Au to RR mh-1 application numbers 24 z001 TX account number is 244 3960 located in District 1 I make a motion to approve it sir thank you commissioner is there a second I'll second commissioner pret makes a motion to approve Commission feltner seconds is there any discussion hearing no discussion all in favor signify by saying I I all oppos may the motion carries going to G4 I believe thank you Mr chair item G4 is William and Janette gridge request a change of zoning classification from rr-1 to Au L and removal of an existing bdp application number is 24z 00003 tax account number number is 2372 located in District 1 sir I make a motion to approve thank you very much there's a motion from commissioner pritchet the commissioner from the district seconded by commissioner felner any discussion all in favor signify by saying I I all oppos nay the motion carries Jeff you want to hit it off for the G5 or should we call Kim up what do you want to do here I I I can I read this into the record and you can call Kim M absolutely so item G 5 is J Florida 48 LLC request a large scale comprehensive plan Amendment or 20 23-2 to change the future land use designation from res 1 to 2.5 to Res 4 in CC application number is 23 LS 0000001 tax account numbers are 3 00277 3368 3827 in 30829 located in District 5 before you turn it over to miss renka I just wanted to explain to the board and the residents that are out there this is a two-step process this application has the potential to transmit this uh up to the state for its review so the board has a couple different options with this um they can recommend approval to transmit they can recommend denial they can recommend what the applicant is requested for as far as the res 4 or they can make the recommendation along with the LPA recommendation so like I said this is just a transmittal what the board is signifying is that they've reviewed the application and it is sufficient for the state to review and to provide comments back so when it comes back down for this application it'll go through the same process with the LPA and the board for for the adoption hearing all right you've completely confused me now so um no matter what we do if we pass it it's got to go to Talahassee is that correct yes sir yes this is just the transit metal to send this up to the state for the review I got it okay thank you very much Mr Ranka evening chairman Ste members of the County Commission uh my name is Kim renka Lacy Lions renka 1290 US1 in Rock I'm here on behalf of SRA communities which is in partnership with Gen Florida 48 LLC representing uh Santa is Richard German Jimmy Dunn and Dan Edwards they're here if you have any questions for them they don't intend to present unless you have questions we also have the engineer of record which is pulus and Bennett there are two Engineers here Mark styley and Andrew Ivy and also the land planner Jesse Anderson who's formerly the assistant growth management director at palmbay also we have the transport a engineer James Taylor with kimley horn um as you know we are here on a future Lane use Amendment for um 1100 almost 1110 Acres we are still seeking a future land use on the 1, 182.5 S Acres of res 4 we do agree that we will limit it to three but we are still seeking res 4 we're also seeking uh 27.3 3 acres of community commercial to allow for almost 400,000 ft of retail uh the location is South Bard County about 3 and 1/2 miles uh north of The Bard County Line it is adjacent to Deer Run uh it is adjacent to Babcock Street and it is um not in Palm Bay it is Palm Bay to the north and to the East and to the South but it is not adjacent to PM Bay in any way uh the property to the north Rolling Meadows and to the West uh was at one point in Palm Bay but was dxed by the Florida legislature many years ago as you can see from the location map in front of you it does a but um 507 which a Badcock Street what is hard to see but you'll see later is there is a 100ft drainage that's that surrounds this entire property separates it from Deer Run and from the PO property to the north the property to the north north um is a strip of land a spite strip spit not Spike strip as the LPA minutes that that was done by uh Mr s Sartori and his company Jerick Holdings that's so um to prevent annexation into Palm Bay essentially it varies from 75 ft to 120 ft so that is what stops the adjacency to Palm Bay this is the bubble plan for the Pud that is not before you but this is to show you why we're seeking res 4 uh this is hopefully what will come before you if this is adopted and it'll come back um to you sometime maybe August or September after it comes back from the state the zoning will be with the application for the comp plan adoption this would allow 3246 homes commercial of $398,000 as I said this is a very large development it has lots of open space 468 Acres of open space 140 Acres of or yeah 140 Acres of active Recreation including a very large pond up there which will be amenitized um and again it's not engineered but this is what they're hoping to do with active recreation in the commercial along back Co in the Square um this is a challenging project uh the infrastructure is lacking down here but as you know the state has provided for proportionate fair share agreement so whatever is approved will have to have the the infrastructure before can be built that's what your comp plan says that's what Florida law says so we are working through that with the school board with the fire department with the sheriff's department we have spoken to all of these entities and we know what they're looking for uh but growth is coming I mean this is an area that is is I'm going the wrong way I apologize right I got way ahead of myself I don't know what I did I apologize I'm not good with these Space Coast TV maybe you can try the aerial that I have that really kind of points out all of the stuff in the neighborhood one more there you go Kim is that all right well that that's that's fine but that's that's just confusing me but yes if I can go back to my PowerPoint that would be better Space Coast television I'm trying to go one up to the development area right there so as you can see um up to the north there you have St John Heritage Parkway which has come in just about a half a mile to the north of here there's a Publix that's going in right there at that corner um these are large developments which are at higher densities than what we are seeking and this is uh Rolling Meadows has density of two units the acre and then there's some Ashton Park over here there's a lot of growth coming there are seven large scale developments in this area uh within a 2 mile radius this whole South Bard area is in transition to higher density there are current deficiencies in infrastructure but there are solutions to that okay we did have a community meeting on April 10th uh we allowed people to attend virtually and in person we were there two and a half hours um there are a lot of concerns by deer run as you can imagine the traffic schools fire density and consistency compatibility um those are are zoning issues we're not there yet we have to get through future land use first um we do have here uh James Taylor Who's going to talk a little bit about traffic in Badcock streak thank you for the record James Taylor with kimley Hornet Associates so as part of any future land use Amendment we do have to do a traffic study that evaluates for the shortterm Horizon which is 10 years out and then the long-term Horizon which we took all the way out to year 2020 2045 what the impacts look like if this comp comprehensive um Amendment goes forward at its maximum intensity so what you see on the screen here a large Blue Circle uh 5 mile radius which was evaluated in the future lanus Amendment and will also be evaluated in an upcoming more detailed Transportation impact study that's required by the county we're we're working through a methodology for that future study but for tonight what I wanted to point out is just sort of some general conclusions from the future luse Amendment evaluation which showed that this area is going to be um needing some capacity on Babcock Road from Grant down to minko um in those Horizon years the percentages show kind of the way that the traffic is anticipated to flow out of this project and uh the red segments are segments which were part of the study area for this so we have concluded in that study and and evaluated and agree with the county staff that there will be some capacity that needs to be mitigated for in the future on Babcock Road between Grant and Mo and I will stand by for any questions later um after we're done with the presentation okay okay um one of the issues that was raised by the community meeting is the buffering because there is you know those are large Lots these are going to be smaller Lots there's going to be a lot of Green Space there's going to be a buffer around but this is just a representative section and this is for the property to the north not the North to the west and the South um as I said there's an existing 100 foot drainage ditch that surrounds the entire property and um the developer proposing to have a 50ft buffer track before you even get to the property lines of the individual homes so this would be a minimum 150t buffer again this is Planning and Zoning um and and rezoning but I just did we have thought about it they are conscientious they do want to make sure there's a visual site buffer to the neighbors and to the north that's even more of a buffer that's the spite strip the 75 fet there's actually two and a 20 feet and then there's 200 feet there um which sometimes it includes the canal in the RightWay sometimes it includes just the canal but again to the other side of the road it's almost 300 ft so there is a very large buffer to the north um as to school impacts there is a concurrency review that's been provided there is capacity to a certain extent up to 5 years but then after that time um schools will need to be built but there's proportionate Fair sh for that there's impact fees of almost 16 million that this will generate which will go to whatever needs to be built there are many high school sites in uh Elementary School sites and Middle School sites in the area there's about seven sites owned by the school board within the vicinity or close vicinity of this property and we've been working with the school board to identify what we can do to assist as to Fire and Police response there is an interlocal agreement with Palm Bay there is a mutual Aid agreements also and sunara does indeed want to make sure that the residents and the neighbors are secure and safe we've talked to the Sheriff's Office we've talked to the Fire Marshall Doug Carter and we are working with them to help them as this progresses again we're not there yet this is just transmittal at this point I'd like to bring up Jesse Anderson he's going to talk a little bit about the transitioning and the compatibility commissioner tobiah did you want to ask a question before this or do your lights on that was the old light for the goods okay sorry sorry go ahead of course uh good evening Jesse Anderson 26 62 East Livingston Orlando Florida uh from pois and Bennett today I'm talking a bit about the compatibility of this overall development in terms of the general vicinity and in and when we're talking about the general vicinity that is something that is brought up or relative proximity I should say by Statute so statute again does uh Define compatibility as a means uh means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no us or condition is unduly negatively impacted directly or indirectly indirectly by another use or condition so the important part about tonight and what both Kim and um James has mentioned is that this is for the future land use element our future L use amendment I should say and with that this is talking about the maximum entitlements that would be governing this property and as we go through continuous stages of development those will become more restricted more finite such as through the plan development unit zoning District that we are are providing for in a future development application and that's where came at reference that we are looking to restrict that property further down to three dwelling units per acre through that type of application but tonight we are looking at the residential 4 uh so we are looking at the compatibility of that versus the general area and of course that is the question at hand so for the surrounding area we do have a bit of I would say diversity in terms of what we have in the inner core versus the outer core of the area so the inner core is showing a lot more of the residential one to two two and a half acres whereas the outside core is showing a lot more intensity and density and a lot of that has to do with the interchange that has come long way as well as the St John's Heritage Parkway expansions in addition to those efforts we've seen a lot of entitlement changes in the water stone area as well as Cypress Bay and Emerald Lakes so for instance water stone has a minimum of five dwelling units per acre Cypress Bay has also a minimum of five dwelling units per acre and Emerald Lakes is over three dwelling units per acre in Cypress Bay and Waterstone we also see them go upwards of 20 to 25 dwelling units per acre depending on which future land use you're looking at the neighborhood commercial having the most intensive and and most dense as well so when we look at our site the reason we look for res 4 is because it is seen as the most compatible transitionary type of future land use that we could identify with throughout the comprehensive plan in terms of the General close surrounding area as well as a bit broader lens we would have looked at that half mile radius however because these are such giant Parcels we did not feel that that is the holistic effect of our property so we looked at a broader range at that 2 Mile rate which does show that we have some more influence on the general development scheme and then we also look at how we transition from Babcock further Westward and because of our alignment on Babcock which is an Artio roadway it does have the capacity in the future as we start to phase into this development and of course that's the last component that I'd like to reach out on is that the phasing is what's going to keep us compatible throughout time periods so with the plan development zoning District there's going to be phasing associated with it and at specific stages of that development there will be enhancements or mitigation efforts that Kim and J James have both discussed today such as enhancements to Babcock that might have to occur through developments around this area so those mitigation effects will eventually cause this to be more compatible as more houses are built throughout that time period and I'll throw it back to Kim for further efforts uh yes the this is just the uh summation this is what uh Mr ball was talking about we've gone through LPA we're at County Commission if you approve a future Lous Amendment it goes up to the state then it will come back for an adoption hearing along with the um PUD zoning with the preliminary development plan and so with that um we would request approval of the residential for for the um 119 acres. 57 acres and we're here to answer questions or we can hear the public and answer questions later whichever you prefer okay let's uh let's let the public speak at this particular point in time please try not to repeat yourselves I know this is an emotional issue for you and things of that nature why why would your hand be up yes ma'am I'm from deun and most of us are and what we did with the Planning and Zoning is we let one person speak so that we didn't take up all the time of the five minutes and we have a statement that we could do that again which will instead of having 55 minutes of speakers you may be my best friend ever if there is one person from dear run that would like to speak in behalf of all of the residents there I may just have to go buy you a candy bar or something oh thank you I a lazinger will be good because I lost my voice okay okay my name is I'll go through yeah right okay my name is Teressa tors one second please sure um has anybody do you know if anybody's filled out a card all of us have you all have filled out a card and you're all in agreement with this particular scenario okay we're good thank you sorry I want to interrupt you again that's quite all right we've been here before so we know how it goes um my name is Teresa torsello I live at 267 deerrun Road in Palm Bay Florida I am the President of the deerrun homeowners association and equestrian development dear run is a Bard County Community established in the 1980s we are zon owned residential 1 2.5 meaning one home per 2.5 acres we are an equestrian development with our own horse facilities including a $60,000 Arena we have had the pleasure of living in Bard County as the only housing development in this area we feel privileged to be able to live among the wildlife and as another deerrun Resident stated we cherish the peaceful lifestyle deun has proven that a harmonious coexistence with nature is possible we are surrounded to the east by the MOs scrub Sanctuary which is an eel program those not familiar with eel eel is the environmentally endangered lands program which acquires protects and maintains environmentally endangered uh for resources stewardship and ecosystem management e protects the rich biological diversity that bravard county for future Generations the mikos scrub Sanctuary protects 13222 Acres of Bard's remaining scrubby Flatwoods and messic Flatwoods habitat and is directly across the street from where Santa wants to change the zoning this Mosaic of seasonal marshes and dry Flatwoods shelters many indigenous species of plants and animals that cannot be found anywhere else in this County these indigenous species and endangered animals are right across the street where they want to build 3,200 homes obviously this is not compatible with the existing environment next to the scrub Sanctuary was a mine that is now privately owned the owner has refused to sell any portion of that property to anyone instead she plans on it being for her family only it's considered R1 2.5 to the southeast of deer run is the St Sebastian River Preserve Park to the Southwest is the TM Goodwin waterfoul Management Area we are surrounded by Bard County's environmentally endangered plants and animals in dear run we get to see and endo and enjoy our endangered neighbors the gopher turtle the Florida scrub J the San Hill cranes bald eagle the Osprey just to name a few we love the fact that these endangered animals have made a home in our area chapter one of The Bard County comprehensive plan policy 96 states that prior to development of any county-owned property an environmental assessment should be completed which would analyze the impact of the proposed development on the natural resources and wildlife habitat of the property Santa isn't providing a study to ensure the wildlife habitat of the existing property making sure it's not affected no they want you to rezone it now without the information of what will be affected if they put in 3200 homes they claim they will do this after you rezone well how can you rezone an area without valid information of what kind of damage would be caused to the existing wildlife and natural resources this isn't something to take lightly do not allow a developer to put the cart before the horse know the specifics don't rush into making a decision that generations for years will pay for for Canta wants you to reone them to R4 with the commitment of building a maximum of three dwellings per acre this of course is with a density count and the reality is there'll be 32 plus 100 homes that they plan on building it will not be three per acre it's more like 13 homes per acre at the Santa meeting held prior to the Planning and Zoning meeting Santa explained that some houses will be on a 40 by 80 plot 40 by 80 yet Santa here and says it will be a smooth transition we have one house per 2.5 acres to one house on 40x 80 that is not a smooth transition and is completely illogical to the existing neighborhood zoning and planning is recommending a residential 2 which would equate to 2,164 homes which would be over 4,300 additional Vehicles being added to the area and also not a logical transition transition from an R1 2.5 which would be um actually if they did an R1 2.5 would be approximately 432 homes in that area surprisingly at our meeting zoning and planning asked Cent if they would be willing to Zone R2 we should not be asking the developer if they're willing to do so we should be following The Bard County comprehensive plan that clearly states what a logical transition is a request for a zone change must be consistent with the comprehensive plan for the area and be consistent with surrounding usages resoning an area that has low density to high density is not consistent with the comprehensive plan Santo will state that Waterstone is R4 and Cypress Bay is R4 as well as some others the fact is they're all Palm Bay developments not bravard County we need to compare apples to apples we all know that Palm Bay will Annex and build anything for tax revenue they don't care about the environment or the impacts to roads neighbors or natural resources they have mishandled the funding from the do in regards to Heritage Parkway hence the inconsistent with their own 10-year plan and they need Revenue to pay back the $9 million loan that they took to complete the parkway we are still awaiting is that going to stop eventually well yes ma'am okay um we are still awaiting the completion of the St John's Heritage Parkway alternate Corridor to alleviate traffic in that area there are 14 miles not completed um but let's add 4 to 6,000 more cars in the area and we also know it's not funded the county has prided themselves in keeping consistent with transitions that are logical the County's comprehensive plan States being logical over and over throughout that plan yeah we've added we've added five more minutes for you well if we do it's going to be it's going to be 20 total because it was instead of having 55 minutes or we can have them each come up and speak okay go ahead okay we are are we concerned here that we're providing more time to the to the uh individuals as opposed to the applicant I mean I find it inconsistency okay so her choice our choice is from what I'm hearing from this lovely lady that we either give her the total of 20 minutes or we hear every one of these cards so I'm going to leave that up to the commission on what you'd like to do personally speaking I'd like to just let her get through this and wave the rest of their times and move forward but if the commission would like to do something different I'm willing to do whatever the commission desires I'm not sure what to do I know in the past we've never allowed somebody to take over another person's time at this type of a thing so this is totally different for me so I it's it's new territory if it helps we have done this in the past with dear run to a different commission thank you so much Morris please you have a comment the rules allow for that it's at the discretion of the chair and the board in the case a quasi judicial item but this is legislative so the chair has a lot of uh leeway in running we're going to compromise and give you another 10 minutes okay I'll try to go as fast as I can um to the north of s Tera are individual land owners who were zoned as R1 to5 to the South is Deer Run Zone R1 2.5 Cento will be surrounded by single family homes on 2.5 acres minimum so how is The Logical transition from Deer Run one house on 2.5 to 13 homes back to to one house on 2.5 which is Willowbrook there is absolutely nothing logical about that you need to not look at what is 4 miles down the road but what is directly next door and will be adversely affected The Logical response according to what's written words of The Bard County comprehensive plan is that the zoning should be our 1 to 2.5 keep it consistent with the existing properties that surround Santa deer run is approximately 1600 Acres larger than Canta with one entrance Canta is proposing five entrances on Babcock so Canta will be adjacent to the deun entrance taking a quiet residential entrance and making it a highway since the crossroad is Moo deun road is County so we all know one of the entrances to Santa will connect with de run we will adversely impact those who live at the beginning of De run the traffic of up to 6,000 Vehicles 3200 homes two cars per home as criteria will turn Deer Run entrance into an entrance of a huge development it would create a dangerous situation for our residents who ride horses and cross Babcock to go to the scrub Sanctuary Trails for the endangered an animal who cross the road daily and it will disrupt the quality of life for residents in De run a wildlife Corridor is an area of habitat that connects Wildlife population separated by the human activities or structures we know there is a wildlife Corridor Crossing Babcock Road by adding a massive development increasing Babcock to a foreign Lane Highway how do you propose to protect these endangered animals we are unique in South Bard that these endangered animals have chosen to live policy 912 bevard County Natural Resource Management habitats will comply with the countywide scrub J habitat if you allow 13 homes per acre that will wipe out the natural habitat that already exists on the Santa property these animals are already there let's discuss Babcock we have also concerns about the infrastructure how can Babcock withstand another 6,000 Vehicles each home averaging two vehicles the impact fees yes will assist but will those impact fees help us in two years four years after they sell so many houses an interesting article in business Marcus last week stated two states where home prices are falling uh because there are too many houses being built currently that's Florida and Texas look around we're inundated Palm Bay is number two in the State of Florida for the most foreclosures that's really pathetic part of the comprehensive plan states that the county must ensure that new development will not bring down existing prices we know there are homes currently being built and making the zoning not consistent with the surrounding areas will impact the quality of life that deer currently has how will you avoid our prices from dropping nowhere else in the county are you going to find homes in a development with a minimum of two and a half acres our houses that are the average new home in Deer Run are valued at 800,000 to 1.1 million currently today so we come before this commission they come before this commission without looking into consistent transition of the neighborhood we asked them if they would look at a one to 2.5 no they don't do that there is no reason that Santa doesn't keep consistent with the area it should also be noted that Babcock Street from Southern corporate limits of the city of Palm Bay to the Indian River County Line is considered a scenic route in the State of Florida how is that route going to continue when we disrupt it with a four-lane highway going through the scrub Sanctuary who's going to be responsible for the long-term maintenance on Babcock they're talking about different phases being built out that means loads of dump trucks going in and out of the area for years and breaking up Babcock when each phase when each phase is completed will Santa's responsibility to be out there and check to make sure Babcock is still good or are they going to be long gone and the taxpayers get to fot the bill as we have been doing what about hurricane evacuation routes adding to these vehicles in the area is also concerned in 2004 when we evacuated it took nine hours to get to Georgia I95 is not changing those roads haven't widened it's the same but the area that we live in has we have too many vehicles now and we do not have efficient ways of getting out the traffic study that centa talks about on Babcock is over a year old and that's prior to the build outs of water stone and Cypress Bay and Mika Road these concerns should not be pushed aside and the real and they are real and effect those of us who live here staying consistent with zoning as the comprehensive plan States will ensure we can manage with existing infrastructure increasing zoning to numbers that are existing that our existing infrastructure can hand can't handle is not logical land use capability with with existing and future development must include the established neighborhoods we are established the planning of the complete streets program also needs to be considered and all users including horse riders need to be considered we're in existing equestrian development and that must include the safety as well as sidewalks for pedestrians and bike Lanes no talk about that everything Santa brings in here is with the caveat that it will be resolved in the Pud in the future in the future we live here now we don't want to wait for the future of what's going to occur our commissioners don't change the plan to increase Revenue as palmbay has you've been consistent from Titusville down to Palm Bay with ensuring that existing neighborhoods are not negatively impacted you have always put the existing taxpayers first and we're asking that you continue to do so I am skipping because you took away some time here but oh Canta will tell you there will be natural buffers once the invasive trees are removed there are no natural buffers left there's a canal and that Canal is not 100 feet wide and that will not stop the the noise some homes will have a 50-ft buffer to that Lake the recreational Lake and we have homes that will have multiple sides facing Santa so their property backs up to two different sides um this recreational Lake who's the lake for they not having since this is not a gated community that means anyone can utilize the lake motorboats scos parties fireworks traffic in and out this backs up right to Deer Run where our arena is who's going to regulate this who's going to regulate having thousands of people coming in and out um when talking about transitioning Canta likes to bring up Palm Bay developments we're not discussing that here please only use what the county has and what surrounds Santa is all land that is um residential 1 to 2.5 okay one of the other administrative policies in addition to the factors specified in administrative policies 2 3 and four is reviewing a resoning conditional use permitter other applicant for development approval the impact of the proposed use or uses on Transportation facilities um the criteria is whether adopted levels of service will be compromised yes that's easy to see police fire schools infrastructure all is going to be compromised the closest police that we have is on Malibar Road County we have no fire department the closest is Bayside Barefoot Bay and Palm Bay will be putting up a new fire department but they don't have EMT or Paramedic Services so the only County Rescue we have is next to Bayside High School how are you going to handle all of this County our neighborhood with the projected traffic impacts of the proposed use would materially and adversely impact the safety and Welfare of residents in existing residential neighborhoods without a doubt the homes in front of deun will be negatively negatively impacted extra traffic impacting horse trails deerrun homes that surround Canta on two sides will be negatively impacted our neighborhood will be adversely affected everyone in dear run will have a change because of Canta let's talk about drainage problems for a moment that's a big concern in dear run we discussed drainage storm water drainage and surprisingly to us Santa said they will pump in this satii canal which is current there's currently a 3.57 million storm water park being built to help capture the pollution from the satii prior to entering the Sebastian River which is a major tributory as you know the Lagoon as you know in Sebastian River is horribly polluted yet we're going to add another 32 100 homes to drain off into the storm water drainage if they don't PP into the satii they go into satori's Lake which the county put a pump in to stop the flooding into dear run additional storm water from 1100 Acres will flood dear run is the county ready to install a permanent second pump in Deer Run is the county ready to have an auxiliary pump ready for backup who will pay for this deer run gave up 10 years of Paving our roads for that pump we have no intentions of doing it again because we can avoid that with logical decisions a development should not adversely impact your run and cause us flooding Canta had no ideas about the flooding issue that deun had so obviously the research into what will be impacted by this development is sorely missing information we need to keep the area consistent with zoning to not impact existing neighborhoods there was a lot more fire police protection oh when the schools are all at capacity now you can go on Bard County site we are not at 85 we are frozen four of our schools right now are frozen so since you've limited me up I'm going to go right to the end and say that deer Ron would love for this area to be zoned r one to 2.5 one home P per 2.5 acres to have continuity to enjoy the beautiful wildlife and peaceful setting we all have seen the County's plans for this area for years and we loved it we do not want to look out into our backyards and see rows of houses on top of each there's a sense of inner peace and contentment looking out and seeing nature seeing animals thriving and hearing the sounds of birds we get to see this breathtaking scenery a peaceful living in wonder and Tranquility is one one finds in dear run Bard's County Vision has always respected the environment and to protect it for future Generations we are requesting I'm just going to do my request in my five seconds we are requesting this zoning request to be denied for anything except a residential one okay thank you very much um let me go to um anybody on the board have any questions first before I turn this over to uh commissioner pritchet absolutely good evening again chairman Ste members of County Commission Kim renka on behalf of the S communities and gen Florida I just wanted to reiterate this is just a transmittal hearing for future land use it's not zoning 99% of what um uh what the president of the HOA brought up is zoning matters uh this is future land use it's not high density it's res for uh low density the um comprehensive plan does not require it be adjacent it actually says consistency with emerging patterns of surrounding development uh Flora flu objective one requires development to meet or exceed established levels of service which this project will do if we get to the zoning stage and the PD stage where we actually have lot lines and the lot lines will actually show the transition to the sizes and these very large buffers as you can recall from the bubble pl we presented uh so again this is this is baby steps not all the engineering's been done uh what has been done has been necessary to get to this stage more will be required before we even come to you with a PUD zoning we'll have to have a development agreement in place and proportionate fair share agreements uh the level of service issue is especially provided for in Florida Statutes and contemplated so growth can move forward and that's what we're trying to do is move growth forward it's already there there's more coming and um these roads and schools and fire and safety issues will all be addressed through proportionate Fair shares and development agreement so with that I'd request that you approve the the residential 4 um and also there's a small community commercial component of 27 Acres so it's actually one motion but they're two different future loan uses so with that if there's questions the team is here the engineers are here so we're we're available to answer any questions I'm certain that none of the people on this commission are shy so I'm certain that will happen if you need to needs to the um commissioner Goodson do you have any questions I I don't want to ignore you because I can't see you no sir I don't okay uh commissioner pritchet would you take the floor please certainly thank you could I ask one question of Kim real quick um I I'm sorry Mr chairman uh I think the the one of the things that was interesting is there's going to be this open Lake and that that will be available to people who don't live there is is it a deed restricted community and that will be part of an HOA yes sir it'll be h and that is intended to be private that Lake there may be public parks to be open but those would be further closer to Babcock Street is not anticipated that that 110 acre Lake will be open to the public okay very good thank you commissioner felner um time doesn't stand still I stood out off Babcock Street in 1982 when deer run was being being built you had drainage problems then you still have drainage problems today I'd like to share with you the reason I'm going to not make you happy tonight at least with my motion and that is for a variety of different reasons Space Coast TV would you put up my aerial when you look at this aerial you're going to see where the Heritage Parkway is you're going to see where Babcock is you're going to see where Santa's project is and you're going to see a lot of property now the only way possible now I I I made disclosures to commissioner I mean to Morrison Morris Richardson in in regards to I did go down I did drive to the site I spoke to Mr Dunn twice I spoke to Kim Rosano once but the most important thing to me because this is something that's in my district is is we have to figure out how we're going to fix all that nonsense that's down there and trust me when I tell you it pains me to sit here in front of you good folks and say sorry but guess what deer Run's not the only project in the world for Bard County there is tremendous growth that's going to happen the Beltway out there is going to alleviate a variety of project of of of a variety of the U the backup in traffic and I I I I appreciate your your comments in regard to this but let me tell you I have talked to the property owners out there so I know what's going on too so that Beltway has got to be completed Babcock has got to be done and Miss Ranka in in my motion I'm going to ask that Santa give us a 2 acre parcel for a fire station there we have so many problems there that the only way we're ever going to be able to fix them is impact fees and a development plan and I guarantee you they're not going to be the only ones that are coming down there I talk to three other people that have like 7,000 Acres that are going to be doing the same thing and the only way we're going to be able to increase the ADV valorum taxes get the money that we need to do to improve all of the things that were down there uh is is to get some units built now I would like to say that time stops and you can have what you had back in 1982 but it doesn't and with that uh I would like to move that we approve the residential four with a Capa three with a contingency that they give us two acres of land for a fireplace I mean a fireplace Fire Station andal 2 AC and 27 Acres of commercial okay I have a motion on the table commissioner to are you trying to speak no I I was just trying to add in the community uh commercial do you Mr chair do you want me to add in the uh the uh plan Amendment numbers and all that good nonsense or is that I yeah you probably ought to Jeff do you think that needs or Tad does that need to go in here are we all right with doing it the way I just did it okay Morris I think the motion is sufficient as all right good can I have a motion do I have a second second second by commissioner toaya all in favor say I I opposed Comm passes 5 commissioner still commissioner Goodson did you say yes or no he said yes pleas said no oh no okay it's 4 to one it still passes thank you commissioner Goodson for your input tonight oh yeah okay um I no sir sir please all right thank you very much all right do I hear a motion to adjourn oh we got we have a public comment okay okay if you do not stop I will have you the officers remove you from this facility stop now um Frank gothfield did you have a comment okay yes sir come on up sorry I do have a pholder may I give you all I'll pass it for sir how many are there my name is Frank Coffield I reside at 428 Port Royal Boulevard and Satellite Beach on February the 6th I called cold enforcement to ask which part of the county code pertains to building residential docks in unincorporated Bard County I left a voicemail request and a call back Denny long a cold enforcement supervisor returned my call on February the 8th he shared with me that section 62- 2118 of The Bard county code must be followed when building docor peers in unincorporated Bard County he emailed me a copy the co violations involved in the application process and the construction of the double dock at 424 Port Royal Boulevard are clearly defined in section 62- 2118 I submitted a codee violation complaint to Denny long on February the 12th case number 24ce 00167 was assigned I submitted an addendum to the original complaint on February the 22nd citing specific codes and statutes the homeowners and building and permitting failed to follow including building and permitting as part of my code violation complaint changed the direction of the investigation in my opinion when professional relationships come into play during an investigation there is a perceived need to protect the organization we work for throughout Mr Long's investigation he staunchly defended the County's approval of the building permit it was impossible for him to find the homeowner in violation of any state or county code to do so would require him to find building permitting had failed to follow state or County codes during the building permit approval process that's a difficult position at best I have spent the past three months researching and study the bravard County Florida code of ordinances as well as State building codes and statutes while the department of Planning and Development has discretion in enforcing laws it does not have the authority to ignore or supplant the county code there are limits to how far it can deviate from its obligation on April the 1st Billy purad deputy director of Planning Development sent an email to me stating the County's position he is confident the Board of Commissioners will support his position I understand where that confidence comes from after serving our country for 21 years in the United States Army and Bard County communities for 26 years as a classroom teacher I understand the sense of loyalty and trust that develops within an organization those in leadership position such as yourselves trust the guidance and information provided to them by members of the organization to be based in fact and rule of law unfortunately some cases errors are made I believe errors were made in this case I spent several weeks cross referencing the County's position as stated by Mr prad with State and County codes and requirements the position taken by Mr pad does not stand up under that review I believe his position runs contrary to several Florida Statutes and more than a dozen codes thank you sir that's that's your time is up I didn't get to the point why I was here well I don't know you'll have to ask yourself that question well the reason can I ask you what can I no sir okay uh commissioner TOA did you have a question or anything that you want to talk is any other discussion this evening if that Mr Coffield is a constituent of mine if it would be amendable I'd like to yield him a couple of minutes finish thought Mr Coffield come on up Sir how much time you want to give him sir can you in two minutes sir could you I'm sorry I went over I actually rehearsed this several times today don't worry about that sir we're fine I spent several weeks cross reference County position the County's position is stated by Mr pad with State and county code requirements the position taken by Mr pad does not stand up under the review I believe his position runs contrary to several Florida Statutes and more than a dozen County codes I also have information from the county that contradicts Mr pad's position and that's what brings me here tonight my wife and I bought our forever home in 2017 and we worked our whole life to get it I believe that the the investigation was conducted was conducted in air and I request an opportunity to to present that as an agenda item uh my find as an agenda item to the Commissioners so I'm tonight I'm simply requesting someone sponsor me so that I can come before the the uh Commissioners as an agenda item and explain my finings in this case thank you thank you sir is there any further business this evening do I hear a motion to adjourns do you want to do reports okay let's go all right thank you um the county manager Office received a call yesterday from space Florida and they are in the process of uh requesting a federal Community Project funding of $5 million is that uh Congressman Posey's office is looking to sponsor and move forward with the Appropriations Committee uh this Friday and in order to move that forward and this is for a redirecting Water waste water from us uh space force treatment facility on the Barrier Islands to the Sykes Creek facility um they need a letter would like a letter of support um from the Comm Mission and so I have a a draft of that letter um that if the board approves it uh we could move forward have the chair signed this evening and I need to give it to uh space Florida representative tomorrow morning um the this particular project is aligned with our um larger Regional water wastewater treatment uh uh plant facility concept that we're moving forward trying to get grants for uh uh that relates to Port St John it's also consistent with Grant applications and planning documents that are associated with the pych Creek Water waste water treatment plant and our future uh Regional plant that we're going to have on the mainland um and so uh if the board would uh uh like to move forward on this uh I need a motion and then we will have the chair sign the the letter that I've handed out and we will get it to space Florida tomorrow morning I'll make that motion sir to direct the chair to sign the letter okay may I ask a question first yes sir okay here's my question we have constantly asked them to let us drain our water into their ditch on North marath and they have kind of acted like it was a hot iron on their behind why would we not get something out of this bill that if we're going to help them why would they not help us like uh like I said earlier commissioner this this request came in yesterday afternoon so I had very limited information I do know that the reason they're requesting this is for them to move forward with any expansion up there in the space Florida area they have reached capacity with the current facility that space force is dealing with and we do have the capacity available at Sykes Creek they are partnering with us um as we look for the mere resiliency Grant to help us with a project on the mainland that project so this is all um in in in an effort to get the facilities and eventually it would also include the Sykes Creek facility would be um uh moving over all that wastewater treatment would be moving over to the mainland this would be done because we have capacity at Sykes Creek available and they do not have any and therefore they wouldn't be able to move forward with any additional projects up there uh that space Florida is trying to uh do so that's really what what I know about it and um and that's why I'm sorry I don't have a draft of that for you here for that letter I could read it to you if you'd like no no no that's not it I'm just asking why do we give up something and not get anything in return let me ask a question of commission in their ditch let me ask a question of commissioner Goodson have we even sent a letter to them asking for that I have asked my office has asked because the constant complaint of flooding and Susan Jackson has that and and really got nowhere that I'm aware of okay have we sent an official letter no we have not well then that's I mean I think at the token it seems like every time we vote on something it's a hurry to get it done it's overnight let's V and we're giving up 15% of our sewer plants in right water for a private entity let them build a bigger plant would would you prefer instead that we put this on the agenda for the next commission meeting I think we timing is the issue yeah I was told that Comm uh for the funding request request for this particular um Grant request for the community Project funding that space Florida received a phone call from um Congressman Posey's office saying that they needed this Friday morning and and we received it yesterday afternoon commissioner otherwise I wouldn't be bringing it to you this evening I hear I hear you and I it's for a grant no it's it's for it's for a grant let's try to figure out where we are here Cas just one follow up uh I think this is part of a larger um future grant that DOD is going to do for wastewater treatment facility to help us move off of Meritt Island is that it's a separate no this is a separate Grant this is a community project grant that uh Congressman posy would be sponsoring this is a uh for uh a line from their facility to our Creek facility it is aligned with a longer term different Grant project that we're looking to build a facility on the mainland but that is several years down the line and we're working on uh grants for uh planning and development of that particular project as well okay is there a motion motion to send it is there a second I'll second seconded by commissioner felt all in favor signify by saying I I I I'll oppose no okay commissioner Goodson I respectfully asked you if you would be kind enough to to draft something a sponsor an agenda item for this and maybe we can get something done in an official letter so uh I don't I I I agree with you and I I just think that we need to do it in an official capacity okay well I don't know how much more get there with me asking the county but if you think it will do good I'll be glad to give it to you well I think if we send them a letter that's been approved by the whole County Commission that's going to be easier or better and and carry more weight than just somebody calling up there and asking to do it maybe think of a project to do with it well right I'm not I don't think that Susan Jackson is somebody I don't think staff is somebody when they are trying to alleviate flooding in North marid Island and help the resident if you want me to put it in blood I'll get it to you okay thank you very much sir I think it's a great idea and uh Susan Jackson's obviously part of the county but when the whole board does it it gets a little bit more power than Susan Jackson yes ma'am commissioner Pritchett I I just want to mention on this commissioner Goodson I understand what you're saying and and we we need to go work on that the uh part that um gets my attention is to be able to have future permits for different types of space indry because that's really helping our economy so that's why why um I I really want to get rid of this Wastewater going onto your Buri items and maybe even bring it more Inland we're working on a project to bring it up to a certain area yeah so but I I appreciate it sir okay all right I you I'm overly joyed okay commissioner toay do you have a report no report Mr commissioner pritchet commissioner feltner no report sir commissioner Richardson please don't Elevate to those lofty Heights uh no report sir okay thank you how about me chair I'm I was just I was just getting to you because uh I would I would not dare have a report I no I have none okay you have no report is that what I'm hearing that's right sir thank you so much now let's get back to where I was do I hear a motion to adjourn a move okay there's a motion by commissioner pritet to adjourn it's been seconded by commissioner felner even though I didn't hear it come out of his mouth I'll second I'll seconded all in favor signify by saying I all oppose nay motion carries thank you so very much the 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