e e [Music] Board of County Commissioners acts as a quasi judicial body when ad hears requests for resoning and conditional use permits applic 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 on the request likewise if a commissioner has made a site visit inspection or investigation the commissioner must disclose that fact before the board takes action on the request each applicant is allowed a total of 15 minutes to present their request unless time is extended by majority vote of the board the applicant May Reserve any portion of the 15 minutes for rebuttal other speakers are allowed 5 minutes to speak speakers may not pass their time to someone else in order to give that person more time to speak e e e e ready M thank you so much sir we're going to call this meeting back to order we're moving into item H1 thank you madam chair item H1 and H2 are companion applications of been read of the record together however you'll have to make separate motions for each item H1 is Paul Turner and Jackie Allen request a small scale comprehensive plan Amendment 24 s03 to change the future land use designation from res 2 to Neighborhood commercial application number is 24 ss003 tax account numbers 2110 4754 located in District 1 item h 2 is Paul Turner Jackie Allen requests a change of zoning classification from r210 with a cap of five to RVP with a bdp application number is 24z z008 tax account number is 210 4754 okay and dis one thank you Mr Mo I have a card from you and I think I'm I'm comfortable with it so Commissioners it's in district one unless you have something if if I could have a motion motion to approve H1 Madam chair motion to approve item H1 second second by commissioner feltner all in favor say I I oppos passes 4 Z can I have a motion for item H2 motion to approve H2 Madam chair a second all in favor say I I opposed motion motion passes item H3 put it in me storage LLC requests a change the zone and classification from IU to bu-2 application number is 24z 0010 txt count is 23 22557 loc District 1 mam chair the applicant was not present at the um July 22nd pnz meeting staff's recommendation is to continue this to the um 8 um 812 uh pnz meeting in the 95 board counting Commissioners meeting Commissioners can I have a motion to continue this item motion by commissioner Goodson second by commissioner felner all in favor say I I opposed passes 4 Z Item H4 MJ Coupe LLC request to change the zoning classification from gu to RR mh-1 application number is 24 z018 tax account numbers are 2674 and 2676 located District 1 Miss saby I have your card and it's in my district I'm comfortable with it are you okay if we go ahead and vote Commissioners do I have a motion um uh motion to approve H4 Madam chair motion by commissioner um toaya second by commissioner feltner all in favor say I I opposed passes 4 Z Item H5 Walter CH wikii request a change of zoning classification from ru - 1-13 R 2-4 with a bdp uh application number is 24z 000020 tax account number is 262 4912 located in District 4 the uh Planning and Zoning commission recommended denial the applicant was not present for that meeting commissioner Felton your District sir is the applicant here okay okay so I I'll tell you what I'd like to do I'm going to make a motion to deny and and wave the requirements that they have to wait six months is that what we can do yes sir so there's a Code provision that says you can wave the requirement for the six months delay for them to submit a new application all right that's my motion motion by commissioner feler Madam chair yes sir uh may ask a question of uh commissioner 4 yes uh commissioner felner why why if they didn't show up here why why are we waving that six-month provision I I think my understanding is that there's a a co-owner on the property and they need to work that out so so you were yes you were aware they were not uh staff just made me aware so gotcha that makes all the difference thank you yes okay I have a motion do I have a second second second by commissioner Goodson all in favor say I I opposed passes 4 Z Item H6 K mm- Florida Lo request a change of Zone and classification from ru 2-10 with a cap of six to BU 2 application numers 24 z0000 24 tax account numbers are 2601 1612 and 261 7260 located in District 4 the pnz recommendation was approval subject to a bdp if the board would like me to read the conditions that were outlined in the bdp I can would would you commissioner Fel please so the the existing bdp to the north um limits or I should say prohibits the following uses auditoriums automobile uh hire automobile paint and body repair Automotive repairs automobile sales automobile tires and Muffler Sales and Service automobile washing and me mechanized Boat Service building materials and supplies cabnet making and Cabinetry commercial entertainment Amusement Enterprises contractor outdoor storage yards engine service farm machinery sales and service Serv feed and hay for animals and stock fertilizer stores flea markets gasoline service stations hotels lumber sales motels motorcycle sales and service outside sale of mobile homes pet kennels PL plant nurseries recovery materials processing facility restaurant outdoor seating seafood processing plants service station for automobile vehicles and U service scarpering and grinding shops theaters towers and antennas trailer and truck service treatment and recovery facility welding repairs and metal fabrication outdoor storage of display of large items or material which may require a forklift front loader tractor or similar Machinery uh to move shall be prohibited outdoor intercoms and public address systems shall be prohibited digital or electronic signs and billboards whether static animated or in intermittent shall be prohibited freestanding sign shall be limited not to exceed 10 ft in height the gross floor area ratio shall not exceed 75 consistent with the neighborhood commercial comprehensive plan category yes and uh the applicants here tonight so let me uh just say a quick uh disclosure that I did have a meeting with him prior uh to this meeting uh where we discussed the uh bdp so Mr Roman daddy is is here sir we have another card if you want if you want to speak uh you can do okay we could go to the other okay m David Hoffman who is not the applicant if you would just state your name and address for the record that would be great yes David Hoffman 1321 Bonaventure Drive Melbourne Florida um I represent the um Lake Point homeowners association they're on the west side of walty so they would be definitely affected by the U this zoning change um they are in support of this change as long as those uh prohibits are added into the uh the bonding development plan okay sir very good thank you thank you um any other questions I'll go ahead and make a motion to approve then with the bdp as Jeffrey read okay I have a motion to approve with the bdp second second second by commissioner toaya all in favor say I I opposed passes 4 Z we are moving into public comments Miss Sandra Sullivan good evening Sandra Sullivan South Patrick Shores so the uh agenda came out for Tuesday's meeting and I just wanted to make some comments in advance of that meeting um I was pretty disgusted that the conversation of sno is back on the agenda hidden under consent even though it needs a super majority vote I would suggest be removed um like to bring to your attention that on the July 9th uh Melbourne city council meeting it said that the county in their packet said the county has potential buyers for the Sero land so I'm wondering if that's what this is all about uh why would we give away property that is going to result in more than $100 million of higher costs for the taxpayers for mck drudging the council wasn't enthusiastic about buying the land Alfre said we can get this land for next to nothing at minute uh uh 3 hours and 30 minutes uh it is offensive that Alfred is making points that they can lease Sno for a dollar a year for 99 years Alfre is saying that the county really wants to get rid of it and that the county doesn't need the Sno land um I find it offensive that the District 4 commissioner made a statement previously that it has not been used in 20 years it's been used as a dmaa site um and it's been used for as part of the waste management contract uh for hurricane um per previous legal opinions as utility land it has to be sold for fair market value um here's a picture of it used for a dmaa site so the also on the agenda is adjusting the project for the mck drudging here north of oali here's where the Saros site is this is where they previously put the mck so and you can see on that map all the other Pro projects that are in the vicinity so we're not just talking about mck dredging down to Palm Bay 8.1 miles so this was a $26 million project it bit it it was supposed to come in at $26 million it came in at $49 million because it's pumping at 8.1 miles so I did records request it was obstructed on and and and it took some time to do additional email records requests for emails to get the information I wanted but so the agenda kind of confirms what they're doing so they're going to dredge less mock for that particular site to get that cost down but this item shouldn't even be coming before this commission before you know what it's going to cost the incremental cost it's going to cost to pump mck all the way to Palm Bay first of all on on the bid for oali even though they're maneuvering things and they're not doing the interal cleanup and they're not doing the as much mck down to like a third of the volume um but there's the other projects and until you have those costs any discussion of Sno should be off the table thank you okay we are moving into board reports County Manager I do not have a report County attorney I have no report commissioner Goodson none Madam commissioner felner no report Vice chair toaya no report maner okay then I'm going to call this meeting adjourned you guys have a great evening stay safe thanks 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]