[Music] [Music] [Music] e [Music] [Music] [Music] [Music] [Music] [Music] a [Music] e e [Music] Board of County Commissioners acts as a quasi judicial body when ad heares 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 reson 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 well good evening and welcome to the Thursday April 4th 2024 zoning meeting uh we have um Jeff Corbell here of Space Coast demtist Jeff come on up please and lead us in an invocation if you'd be so kind good afternoon esteemed members of The Bard County Commission Community leaders and fellow citizens as we come together today let us reflect on the principles of Reason empathy and cooperation that guide our shared Journey let us acknowledge the diversity of beliefs and perspectives in our community recognizing that it is our Collective responsibility to ensure fairness Justice and inclusivity for all may our discussions be rooted in evidence-based reasoning respect for science a commitment to the well-being of our constituents let us approach our deliberation with open minds seeking common ground and striving for solutions that benefit the greater good in this Spirit of secular Unity let us work together to build a better future for Bard County thank you thank you very much if we could please let's also bow our heads just for 30 seconds or so to uh We've we've had a lot of tragedy in the world and we've had some hit home for the Senate President of Florida Kathleen Pasad her husband uh fell in a hiking accident and was killed just recently so if we could just spend a few minutes thinking about the families of all those people that have had to have all this sorrow before we get started I'd appreciate it okay if we could all stand for the Pledge of Allegiance led by commissioner John toaya United States of americe can I have a motion for approval of the minutes of the January 9th regular meeting please there's a motion by commissioner Taya seconded by commissioner feltner any discussion any ads or deletes all in favor signify by saying I all oppose nay the motion carries resolutions Awards and presentations I don't believe we have any tonight do we have anything tonight on that nope uh the consent agenda is there any items that the commission would like to have pulled from the consent agenda do we have anything here pulled okay well that's unusual uh to approve there's a motion to approve by commissioner pritet commissioner F feltner seconded and commissioner SAA seconded so all in favor signify by saying I all oppose nay the motion carries uh development Environmental Service Group Planning and Zoning final plant uh who's going to handle the uh Vieira final plot is that is that on a consent agenda okay I'm sorry yeah right got it sorry about that all right so so we go to uh G1 then and uh who's going to handle that one right here Jess so go ahead man thank you Mr chair so item G1 is the transmitt of the water supply facilities work plan and related amendments to the comprehensive plan to the Florida Department of Commerce uh ITC compasses all districts to comply with the statutory requirements the attached ordinance amends the poble water element of the comprehensive plan to append and update the 2035 water supp facilities work plan and amends various policies within the conservation pable water sanitary sewer intergovernmental coordination and the Capital Improvements elements of the comprehensive plan for consistency with the water supply facilities work plan the water supply facilities work plan and the related amendments are anticipated to be brought back to the board for adoption in the fall of 2024 on March 13 2024 the building construction advisory committee heard the request and unanimously recommended approval on March 18th 2024 the local planning agency heard the request and unanimously recommend approval thank you okay is there any discussion in regards to this do I hear a motion for approval motion to approve motion by commissioner pritchet seconded by commissioner Goodson any discussion all in favor signify by saying I I all oppose nay the motion carries okay who is going to be handling G2 are you back on the same place Jeff yes sir so items G2 and G3 are companion applications you can discuss them I'm going to read them into the record uh together you can have the same discussion but you'll need to have a separate motion for each so G2 is Quality RV Florida LLC request a small scale comprehensive plan Amendment 23 s24 from resed 6 to CC application number is 23ss 0024 on tax account number 270 2826 Loc in District 5 item G3 is Quality RV Florida LLC request a change of zoning classification from ru1 das7 and tr-1 to all bu-2 with a bdp application number is 23z 0083 tax account number is 270 2826 also located in District 5 the proposed bdp limits the use of the property to all bu1 uses and only the B the bu2 uses for third party storage of RVs and boats thank you Mr chair okay thank you for the heads up that we needed that you discuss both of them under one uh heading there but we need to take a motion on G2 tax account number 270 2826 is there any discussion on that I do believe that the applicant is here uh Jennifer do you have any comments that you'd like to make okay so you wave in support thank you so much uh any discussion District my district I'm fine with it okay there's a motion by commissioner felner seconded by commissioner pritchet all in favor signify by saying did yous pardon me two motions we're on G2 on on that's okay that's all right uh we're on 270 2826 right now all in favor signify by saying I I all oppose nay motion carries now we're going to G3 tax account number 27028 26 again but it's um on G3 a motion there's a motion from commissioner felner commissioner Tobi a seconded any other discussion all in favor signify by saying I I all all oppose nay motion carries all right let's go to G4 and Jeff you still up at the plate yes sir so item G4 and G5 are also companion applications so um I'm going to read them into the record together um and you can uh discuss them together however you need to have separate motions for each so item G4 is West mber Properties LLC request a small scale comprehensive plan Amendment 24 s. one from NC and uh res 2 to CC application number is 24 ss001 tax account numbers 28611 0 28 06111 28 6115 28 06112 located in District 5 item G5 is West Millwood Properties LLC request a change of zoning classification from RP and Au to all bu-2 with a bdp application number is uh 24z 00004 tax account number is 2 2 80611 0 280 6111 280 6115 and 28 06112 located District 5 the proposed bdp limits the uses to bu1 uses and um the bu2 used to um indoor uh climate control Mini Storage okay um is the applicant here Cole come on up uh good evening um just to try to give a brief history of the property and the requests that uh we're bringing before you tonight I have a habit of getting too far away from the microphone so if I do please let me know um so originally we started with this property with attempting to Annex into the city of Palm Bay Bay with the idea to do three commercial out Parcels along the frontage of mitton road with a Starbucks Loi on the hard Corner in order to do so we needed the Palm Bay Utilities to handle that level of service that would have been generated throughout that process and talking with pal Bay we hosted three Community meetings with the heel Road neighborhood and went through a series of iterations of plans trying to accommodate the concerns that were brought up the primary ones were traffic and safety concerns and in order to mitigate the traffic concerns we agreed to take two of the out Parcels out of um you know General bu1 unknown type usage for whatever would come in the future and proposed a climate controlled self storage because the climate controlled self storage product is the lowest traffic generation project in the traffic handbooks so we were trying to take a vast majority of the product of the project into a low traffic category um the neighbor to my South which was the contiguous parcel to Palm Bay was denied annexation by Palm Bay so they never heard my item and we've continued and brought the same project here at this point we're not proposing a Starbucks on the corner we're proposing a similar to the prior application it's it's a bu2 zoning but with a BD DP limiting the uses to only bu1 uses plus Self Storage under bu2 due to a quirk in the code where in the County Self Storage is allowed in bu1 but it's limited to the height of the the lowest building um next to your property so in this situation be limiting it to the one-story flat roof house to my West bu2 does not have the same height restriction so we're basically seeking bu1 plus but you know for technical reasons it's a bu2 with a binding development plan um the Self Storage we believe because of the limited uh draw on the Water and Sewer demands it can be done without the utilities and we'll have to figure out what the use would be in the future for the hard Corner which we're proposing you know the bu1 uses um at this time Starbucks the prior tenant has decided that they're looking elsewhere for now um if they came back you know we would welcome them back but we can't promise them when or if we'd be able to develop the property sufficiently to meet their needs um so I don't know what'll go there at this time that's why we've left that as a blank spot on um The Binding development plan that we proposed the uh other issues that we'll hear tonight are you know a lot of the traffic and safety concerns in order to to you know help get everyone comfortable that we went ahead and conducted a traffic study that shows that the built out condition that the intersection would operate at an acceptable level of service per the engineers that study it the intersection is under um design which I believe the plans have been approved by the county and bonded for the improvements to be put in there related to the multifam apartment complex that was built across the street and the City of West melburn um the other you know major issues that we'll discuss a lot are the safety factor of heeled Road and Mitten Road um you know as it stands now there's only one access in and out of heel Road no one's denying that and the at least the property as we've proposed it would allow a a chance for a bypass of emergency vehicles in the event that there is an accident at the intersection that would block the intersection at least the neighborhood residents could cut through the parking lot and so could emergency vehicles to service anyone's needs back there um the rest of the safety concerns you know we don't have the ability to address what happens further down heel road and in the Palm Bay section of the heel road that um is back there but otherwise I have my traffic engineer here tonight if you guys have any uh questions for him I'm here if you guys have any other questions that you'd like to ask me I would like to reserve time for rebuttal um if necessary you have 10 minutes for rebuttal uh Jeff what happened with Planning and Zoning on this please what was the vote on Planning and Zoning I'm I'm sorry I'm can you say that again what was the vote at planning and zoning on this commissioner oh commissioner the vote was um for the land use the vote was seven to recommending approval and on the zoning application it was 72 as well recommending approval okay thank you all right uh Cole go ahead and San we'll start this process up John connley uh John John before you get started yes sir thank you so much just give me a minute I I want you know I've not done this in the past and I need to do it from now on at every meeting so uh please we have some policies that we like to try to put into effect on on on these votes so I would like please for no applause or or things of that nature it would be very helpful if we could get through this we've got a lot of cards here in addition to you have to address the County Commission you can't turn towards the audience so if you would follow those uh little bit of policy I would very much appreciate it so go ahead John thank you okay my name is John Conley 3620 heel Road uh our concerns are are are the safety issues on Hill Road we're trying to preserve our lifestyle on Hill Road uh was zoned and we went to comprehensive plan in the early 90s to keep them at 2 and a half acres in that area uh it is a a a dead end road so pombay and the county uh use it our issues are the intersection it Hill Road getting in and out of it uh he's proposing to put a entrance on Hill Road to accommodate his project uh we're worried about tractor trailers we're worried about fire safe fire issues going down the road we've had to had uh uh forestry land helicopters in our on our properties to accommodate fires downhill Road and the back sides of the of our area we have water concerns with the flow of water right now the Count's changing some of that around with the uh with what they've done on heel road with the uh uh the traffic signals and all that we have a double line going down there now so that indicates we have a lot of traffic coming out in and out of there what we're asking or I'm asking for is I don't have the problem of moving along with a a uh structure they're going to put out or or commercial but to add more traffic to Hill Road or have a tractor trailer or any that we have we have animals we grow we graze animals we raise chickens we have Farm Life out there so everything's high density and it's moving closer and closer into us we're trying to preserve our way of life in the way we we live so we're trying we're just all we're asking I'm asking for is to keep that entry off of Field Road what you do with the rest of it they can service everything off of myth and what they got they they got enough room to do that so what I'd like you to do is consider not having an entrance onto Hill Road because when we went to zoning last meeting they didn't want to hear about our lifestyles they don't want to hear about traffic they didn't want to hear about nothing all they want to do is they're in a hurry to get out of that that meeting so they said bring it to you so that's what I'm doing is trying to bring it to you to understand it you know we're we're we're simple people and that we have you know we have fish farms we have different things we we do you have people from Palm Bay different areas to bring their kids out stand by the fence look at the horses pet them look at the animals and that's what we're trying to preserve so if I can get you guys to buy into no entry on to heill Road and it's congested more that's what what I'm asking for as a as citizen on BD on there but I've been out there for 30 years and it's moving in closer and closer we have some more issues we're going to be back in front of this Council for because we've had other people want to make commercial use out of heill Road they've already done commercial use out of Hill Road I got them in code enforcement for it now that'll be in front of this board again so we're we're encroaching and people are well let's go ahead and do it and then we're going to ask for for for forgiveness we can't we can't stand the pressure out on Hill Road with the with the traffic so that's what I'm asking from this this Council to help us out and preserve our lifestyle I mean it's going once we lose it we've lost it you know keep building apartments we keep building houses closer and closer together and we went to compliments the plan and people that have lived there for 30 40 years wanted the 2 and a half acres minimum and we're we're we're slowly doing away with it so if yall consider that that that'd be fine with me so but thank you for your time thank you very much John um if you could please um try not to repeat the same issue back and forth I I understand that you all want to get up and say what you need to say tonight and we're going to give you that opportunity but it would help if if we didn't have a whole lot of repeating on the traffic the traffic the traffic so do whatever that you need to say and uh we'll go from there Judith kumin will you take the floor just for a second okay hello my name is Judith cumman I live at 1680 Willard Road North West Palm Bay Florida 32907 so my house is off a road that's off of the main road of Hill Road as Mr Conley said I am also wanting to maintain my lifestyle my property value I feel out there is unique to other people who live in Palm Bay and West Melbourne um it does give us a sense of country living we are not living on top of each other we do realize that commercial property is going to come to mitt road but when we met with Mr Oliver I only fortunately met with him once because the other two meetings were for the people who live in the area of his proposed property and not all of the residents who live off Field Road so I'll clarify that he in our meeting said that he would be fighting to maintain his lifestyle where he lives as well we do not want a hight trffic business or as Mr said entrance and exit off a hilled road his present site plan still is not going to alleviate traffic in my opinion um it's still going to back up going northbound on Palm Bay Road to uh merge into that de acceleration Lane to go into his properties I don't see what a storage unit benefits our lifestyle or anyone that lives around in that area either so I'm here to ask you to think about our lifestock Styles we are taxpayers we enjoy our big property and we want to maintain our lifestyle out there thank you wow we've got some refreshment coming up with Sarah Lee nobody did you bring us some did you bring us some goodies I will all right I promise well we can't do we can't do that but go ahead I live at 4260 Orange Drive in Melbourne Florida 32904 we are the second left off of Field Road uh traffic we know is horrible bumper to bumper during the peak time um my concern also is the Ingress egress on two heel Road there are all kinds of um plans in place to improve everything it's going to be fine well meanwhile traffic's going to get worse and construction of all these improvements are going to make it impossible for emergency vehicles to get out Hill Road my concern my number one concern is safety and I would ask you to consider the mayor of Palm Bay would not approve this Venture because of safety concerns are you guys going to just let that go by the wayside the safety of the people out there granted it's lovely it's beautiful we have two acres at the end of a dead end Street and it's and we love it but by golly I don't want my neighbors to die or their house burned down because an emergency vehicle could not get to them in time I thank you so much thank you Sarah is it Ronald Thomas Thompson Thompson okay I thought you were a doctor here writing a prescription kind of like my signature go ahead Ronald my name is Ronald Thompson I live at 4095 Hill Road been out there for 20 years but that's got nothing to do with what we do here today I think all of you know that traffic is a problem regardless of whatever botar said traffic has grown tremendously throughout our County it's not only on Hill Road Palm Bay Road mitton Road it's all over and the reason it's all over because our government has fail to keep up with building the roads that is need to handle our progress and we live on progress we love progress but there's time in place for all of it so when I look at the things I have seven items you like to discuss that says you know that I feel that the staff needs to consider at least your properties your statutes and your procedures say so and I reduced my time not to repeat each one of these items so if you have a question about any one of them I'll be glad to hand you this piece of paper that designates exactly what I'm saying so the first item is it says bu2 zoning classfication is not consistent and considered with r S2 and MH zoning so first of all it should stop right here it's not consistent according to your PL not mine okay number two it says staff shall analyze consistency and compliance okay they shall visit the site they shall evaluate the when the statement is that the uh what is being proposed is not shown on the on your proposal it says the staff shall evaluate the worst case adverse impact now I would question whether they have't done that or not have they actually because in the zoning meeting we couldn't talk about anything but Zone Zone Zone Zone Zone we were reduced from 3 minutes to 2 minutes that was not appropriate in my opinion as well but anyway so I asked the question staff is also to evaluate noise level traffic Etc diminish lifestyle all these things that to affect the quality of our life staff stated there has not been any approved development within the last three years within this project that's what they stated right here in B print well if anyone visited that site there is four major projects already going on that has been there when the three years the 244 unit apartment directly across the street the 52 unit subdivision plus that Mr Oliver has presented 2600 ft up the road that is now ready for development according to his statement there is a I think it's a 400 unit complex apartment this side of 95 which is within with a half mile residence and there's also a project on Palm Bay Road a coffee shop open up plus I don't know what else so when you have the opportunity I would like to know that you have questioned the staff and how they come up with this idea that there's nothing there how can that be I just don't see how it could be okay now here again we're back to traffic okay but Mr commissioner Steel on June the 2nd of 2023 a letter was transferred to your office from your accy commissioner Corina gum your professional engineer traffic manager who says and I will state her proper state it here on 6223 any increase in traffic flow on mitt Road would cause a significant decline of service on palom Bay Road now why is this it's because we have continued to improve these projects on and on approve all these projects and we have done nothing to affect the traffic okay as a as a result we have now brought all these traffics into Benton Road Hill Road P Road and we're Stam it and believe it or not that's a safety issue now Mr uh Oliver said he has a traffic study but the last traffic official study that I'm aware of that I've only seen was dated January of 2020 four years ago I don't know what his says but I don't think it's official and I don't know it's been published for you to review so what has happened since then can you tell me how much traffic we've increased the last four years on any part of the county cuz it's tremendous it is just tremendous so that is that is my quote facts that I can present to you now I will give you my my objection okay and I just beg you not to approve this because once you approve this to be one be2 we no longer have any say so back coming to you to to deny Mr Oliver's desire to put a Starbucks at that corner and if you approve it tonight I can't say perfectly without reservation but I would believe Mr oler would be on the phone to Starbucks in the morning to say hey we got it approved we can start the process all over they approved it okay let's go to it let's get this done now that's my opinion so I beg you not to approve these changes into our residential area because one of the requests is to change from R2 residential to bu1 bu2 you're setting a presidence now what if Mr brownett wants to who that Jason owner wishes to change tomorrow to have his home reclassified to be1 you have nothing to say about it because you've already presented the president so I hope you'll take this into consideration and and accept our requirement not to approve thank you thank you Michelle Smith good evening Commissioners um I did send a letter to all the Commissioners on the evening in March 31st uh so you probably saw it in your inbox on April 1st so hopefully uh some are all of you have had an opportunity to read that letter uh I wanted to highlight uh some of the points in that letter it does include a traffic flow diagram um and I want to emphasize some points that haven't been covered in some of the other uh presentations we all know that traffic is congested at the entrance to Mitten and heel already it is the only access point for emergency services it's an approximately 2 and 1 half mile long Dead End Road there are roughly you know somewhere in the order of over 250 homes back there and over 750 acres and there are no fire hydrants in that community at all at all so when a fire breaks out the only thing we have is the tanker trucks have to come in with water to bring water to those fires and if anybody are you familiar with that Community there are a lot of mature trees and we have lived in that neighborhood for over 30 years seen several fires break out there and within minutes Flames can be shooting 15 to 20 ft over the Treetops so it's extremely scary I had to evacuate my home at one point when my children were young because we thought we were going to lose our house and thankfully the fire department was able to get there in time stayed all night uh work diligently to put the fire out and make sure it didn't um come back and that saved our home and many others and when a fire breaks out like that seconds matter and what I see happening is you're going to have people trying to exit heeled Road they're going to back up traffic in front of this the entrance to that commercial property you're going to have people trying to come into heeled road to access that commercial property they won't be able to turn into the commercial property because it's being blocked from people exiting heeled that's going to back up traffic coming into heeld it's also going to back up traffic in the southbound lane of Mitten and Mitten is already extremely congested and backed up most of the time so it is not a viable traffic flow to have Ingress and egress off of Field Road and at a September uh 23 meeting with Cole Oliver the community meeting that we were the only community meeting that we were invited to I asked him directly why would the developer not be considering an option to remove Ingress in off a heeled Road when you're putting an entire community at risk for emergency and fire Services he could not answer that question he said the developer will not move forward without Ingress and egress off a heeld and I believe that that I suspect that that has to do with the developers concerned about additional revenue streams I don't there are many other options for Access off of Mitten Road without involving heeled road so I don't understand why they insist on have access off a heeled Road and putting our community at risk um and I would ask the county to consider the fact that uh there are no sidewalks on heeled road all the way down to pow Road the first probably mile and a quarter it's steep ditches on both sides and even though they proposed a left turn lane uh as Cole Cole Oliver noted a while ago to to handle that emergency traffic that's not going to help traffic will still back up and there's nowhere for emergency vehicles to get around with steep dit on both sides there's nowhere for those vehicles to go they will be blocked from access to the road so I would ask the Commissioners to consider those points and consider alternatives to access off of field road for the safety of our community and um I I would ask that um that be taken off if this is approved that that that Ingress and egress off of heeld be taken off um as an option for them all right I thank you for your time and consideration of these points thank you Michelle Michael bramlet is there a Michael G oh here you come hi Michael I'm Mike bramlet 3075 hee Road Melbourne Florida I'm probably the one that is most impacted by by anything that happens with this property I'm right next door to it literally the we've been there for 62 years my dad built the house in 1961 when we moved there I was s years old or actually six I turned seven there and there was nothing on healed Road it was a quiet neighborhood since that time it's grown up but until now coming up if this is approved until now it's still a fairly quiet neighborhood and it's it's one that everybody enjoys living in we all get along never everything's fine but this development I understand things change and I understand the developers predicament here he's invested a lot of money in this property and he needs to get a a return on it if I had the money I'd give him his return I'd just buy him out and turn it into a park but that's not feasible yet cuz I haven't won the lottery but some things to consider from from my standpoint the biggest problem I had with a Starbucks being there was the noise lights speakers it's literally right in my bedroom window as it stands now now what Mr Oliver is proposing with that turn lane into his entrance off of healed the only thing that's doing as I see it is hurting the progress that we're making with the problem with the work that's being done right now or was supposedly being done with the DR Horton thing for that project yeah we're going to get another Lane we're going to get a right turn lane that would be a big help but if this left turn lane that Mr Oliver is proposing goes in it restricts that it's going to just it it'll all be worthless it won't do any good the I'm glad to see that he's putting in a turn lanane off of mitt to get to his property for the Northbound traffic but as far as I'm concerned that's all he needs he's got egress and in ingrace and egis off of mitton I see no reason why he would need that road unhealed that being said the only thing I can do is ask you to consider it and do something stop it thank you thanks sir Jerry freeze Council thank you Jerry freey 4085 heill Road uh obviously some concerns the the one section that he's trying to get into Mr Oliver is the bu1 bu2s anyone aware of how many there are west of 95 there's three one's an antenna that was put in the 70s one is a county barn that is basically storage that is adjacent across the street and the third is a trailer Sals adjacent on the other side my thought is if we keep passing these bu1 bu2s it is going into our our our uh our homes you know it just keeps pushing and keeps pushing when is when that's my question and yes it's going to involve heeled road but the biggest part you need to look at if there is a section if a b1u and a you know it's there's a lot of people coming into what he wants to put in all right now you know what a nice dental office nice doctor's office which a realtor's office was there for many years that's okay but for somebody with that 5,000 people coming in and out daily it's not just going to affect heeled Road it's going to affect the second biggest city in the state true second biggest city in the state pretty sure it's a very populated state and I just thank you so much for your time but I think it would be a a a huge huge situation in the long run and thank you so much again that's all I have to say thanks sir uh James Saunders James Sandi okay we'll put this off to the side in case that he shows up Susan Shephard oh okay sorry I apologize James I didn't see you back there come on up man go Navy I want to start out by saying that these people who are trying to get the zoning change they are investors the people who live there for years they're gone these people they they're only interested in making a buck and there's some very serious problems with with traffic as you know and you don't like us talking about it but the fire department must get through the traffic congestion and and it's really bad and you can tell by they're standing on their air horns trying to get through anything that should be allowed in this commercials track it should be something that doesn't generate a whole lot of traffic this this this is a problem now I I didn't give my address and I'm going to my I live on 3105 Hill Road and my property is adjacent to this property and and I I don't like the fact that I'm going to have to put up with fumes from all these cars that are be coming in and the lighting I am a person who enjoys the night and they're going to take this night away from me uh having a an exit on the Hill Road that's ridiculous something needs to be done to control this stuff that's all I'm going to say thank you James for anything uh Susan shephard I live at 4212 he Road Northwest and thank you for hearing all of us I want to clarify even though I live on the city of Palm Bay section and Mr Oliver made some kind of a remark I am not quoting him that's the Palm Bay however he went on to the county even though we live some of us in the city of Palm Bay we are still Bard County residents we still pay taxes to Bard County so this applies to everybody on heal secondly the way it sounded correct correct me if I'm wrong when he Mr Oliver was talking about improvements and that they're bonded and approved I want to be clear those original improvements are not his they are not being designed to accommodate his proposal the only uh Improvement which is not an improvement is his intended propos left turnl okay um I will try not to could be too repetitive I absolutely agree with the zoning to please vote no to the zoning of the second property facing healed only only access to heeled Road it is residential surrounded by residential and if it's voted yes it will set a huge precedent okay um now I am sure everyone knows by now that the improvements that have been discussed at that intersection I have an agreement if any of you have not seen the agreement between the city of West Melbourne the county and DR Horton my understanding that those improvements were supposed to be completed on or around the time the CEO was provided to the apartment buildings the CEO was provided no improvements were done whatsoever now there is nothing that is guaranteeing those improvements to be done should Mr Oliver's proposals be approved let alone putting in that left turn lane should his proposals be approved those improvements is nothing more but a bandid will it help a little yes I also have a letter that I have a copy if you have not seen it Mr Thompson referred to it and I am repeating by Karina gum and she quoted it in her letter however during the peak hour traffic backs up significantly westbound on pombay road and Southbound on Mitten Road improving traffic FL flow on Minon would cause a significant decline on pombay road and vice versa regarding the in Ingress ESS of healed at the board Planning and Zoning Board I correct me if I'm wrong Mr Oliver was asked a question and he made some kind of a comment indicating that the access to his Corner property would allow residents to have better access to Minon Road and they could go through on the drive that he is proposing to go all the way to the Mini Storage it's my understanding to go through other properties to get through to a main road is illegal number one number two the Mini Storage has two accesses or has an access says to and from Minon there is no reason whatsoever that Ingress would be necessary to uh accommodate that uh Mini Storage How can any reasonable person just stand by accept and watch the developers destroy and Infuse unnecessary further hardship there must be a time where Bard County should put their resident safety and undo hardships first okay uh let's be honest Mr Oliver's plans for this corner is to have another hi TR type business like perhaps maybe a drive-thru this can this intersection with the improvements currently slated cannot sustain that kind of a high traffic business um so my comments are this please do not approve the rezoning of of that property the residential it'll set the precedent please have any proposed changes to be examined for by codein for compliance during any subsequent site plan applications please have Mr Oliver provide a very current traffic impact analysis with the site plan please have Mr Oliver provide a wetland delineation it should be required since there is an indicator that wetlands are there Susan I do have one question for you does uh the the heeled Road people have a homeowner association no h um I take that back most of heeled Road does not there are some side roads that do okay thank you Debbie botin good evening Debbie good evening I'm Debbie botin and I live at 3966 heeld Road and we've lived out there for 45 years since it was a dirt road and we always called it our our little two and a half in a cry our two and a half mile Country Road in the country and over the years we call it now and we love it still our 2 and a half mile road near the city because the city has encroached upon us but thankfully we've been able to keep our road and I don't call our road heeled Road a hi traffic area because we've been able to keep it just the residents on and off of heeled road going up and down the road but and not other people from Palm Bay or West Melbourne coming onto it and entering and exiting it so we like the fact that is still just healed Road residents and um people who live along there because we do have cows and deer in my yard and um horses and peacock we've got a lot of peacocks so we love the fact that we still have that homey feel and now it's paved and there's been a lot of changes um but that's okay but where I draw the line for us is the entrance and exit off of a business now that will connect to the end of heeled Road and we know that Mr Oliver um the mayor did say um bring your plan back without out the entrance and exit on the Hills Road and they might would approve it but instead of doing that he goes to different committee and committee and and um just keeps going up and now here we are here again today still trying to protect the Integrity of our road without the heavy traffic pattern that a Starbucks or another hight traffic business that he will try to put in on that corner once he gets the inroad to this um storage unit that he's wanting to do so I would just please say no entrance and exit onto Hill Road um and I I sent photos of all the traffic um up and down Minon um from heel looking both directions and um we're just trying to protect the Little Bit of Heaven that we still have actually so that's it that's it for me thank you very much you're welcome Dennis Foster good afternoon everybody Dennis Foster 4366 heel Road um the I'd like to just kind of cut to the nitty-gritty if I could um Mr Oliver referred to the Blank Spot the Blank Spot is the key to this whole discussion I think and the the corner lot um that he's proposing with an exit and an entrance onto heeled road is the issue here we're we're really not opposed to a storage unit on the corner we know that that corner is going to be developed into something um what that something is is key and the blank spot that he mentions on the corner is the key to the whole thing and and that is a big question mark right now Mr Cole has said that he would like to get Starbucks back in that um back in that position I have a feeling that if you approve this particular layout with the entrance and exit on the heeled Road there's going to be a Starbucks in there or something very much like it as you guys are aware by now this whole thing was proposed once already to Palm Bay um and and the Palm Bay uh the the Palm Bay uh city council ultimately rejected it but the mayor of Palm Bay himself uh drove that intersection and rush hour traffic and stated in all good Consciousness I can't vote for a high volume business on that corner the county is very much aware of the traffic bottlenecks there we want to go on record right now as being completely against the proposal to allow an entrance and exit on to heill road that is the issue here not what he's putting in here or anything else really about the zoning there is one issue about the zoning that most of us take exception to and that is the creep up heeled road to to be uh zoning the the house uh to the to the immediate west of the property proposed is not on Minton Road it's on heeled Road and he's asking that be changed to be and I'm and I'm I'm I'm asking you guys what stops the next house up heeled Road from from petitioning to get be as well when does The Creep uh stop coming up heel Road we're very much opposed to that and everybody talked about our lifestyles up heeled Road you're very much aware of that but um so those two things one is the entrance and exit onto heeled road is the issue here I would have no issue with that property being developed if that entrance and egress were taken out of the equation thank you very much for your time thanks for everything you do for for uh Bard County thank you sir David Menace good evening David hello first of all I'd like to thank you all for doing what you do too uh it's very at least you conservative but uh in 1989 I closed down in Howard zoo and a lot of the animals I wasn't able to find homes for so my wife and I bought four and a half acres out on heed Road and it was on Au I think and we were able to do what we had to to maintain the animals to we uh got rolling with the new Zoo but in the in the early 90s I'm not sure the date it was when they were talking about pushing heeled Road through to the west to take some of the heat off the intersection of uh pal Bay Road and um Minton and they were talking about a extending heel road to a it would just go to a small residential Road and then make a left out to Emerson but anyway at at that time uh Scott Ellis and that Alman um helped us um it it seemed like the county had us in one zoning and the state comprehensive L use uh plan had us um Zone differently so we petitioned the state and got it changed and at that time it was agreed that anything east of Orange Avenue would be commercial but anything west of that would stay as a au1 in the county part and I don't know what the West uh the Palm Bay part did but anyway uh having said that the the biggest concern I have there's any hight trffic business on that corner it's tough getting in and out of there now and if they could uh just keep the curb cuts to Minton I'd be fine with it but please don't let them uh turn off a heeled Road thank you Brent Wallenberg my name is BR wallberg 13855 99 Street elsir um everyone I've here talk talked about traffic and traffic jams and all and uh well yesterday I drove by a burning car on 95 a car with was engulfed in flames uh policemen everyone just standing there can you imagine if he was inside that burning car and everybody taking a video uh I'm a retired welder and I know when uh comes to fire seconds count um AB foam is very effective against gas and if you wanted to spray it on people uh Dove dishwashing to turn it uh mixed with water but you better have a plan just like the Boy Scouts they've had a two-word motto forever and it's called Bri prepared and I suggest you all be prepared and not just watch it happen thank you thank you Brent okay Mr Oliver would you like rebuttal time you have 10 minutes thank you all just a couple of quick points um and then I was going to let my traffic engineer you know address any comments that or questions that you all have you know first you know we heard a lot about this traffic and safety as as we expected again I reiterate our traffic study shows that the intersection will work at an acceptable level of service and on the safety issue I reiterate that the proposed intersection tying into heeled Road makes it safer by allowing emergency vehicles or emergency access in and out of the neighborhood through those Drive aisles which would not be there as it currently stands um we didn't hear any of the residents that are concerned about the present safety asked questions if they could get a secondary access into their neighborhood anywhere further down because they don't want that they just want the one access point as it is now at um the traffic improvements that have been designed do include sidewalks along healed Road along my property I you know I've learned my lesson on that one um and then the final point I'll make before turning it over to our traffic engineer is um where was it where was it that the improvements that are being done on heeled Road haven't been completed yet but they have been bonded so I believe there's about $1.7 million in bonds that have been put up the reason those haven't been completed is there wasn't sufficient space at the intersection to complete the construction um once we purchased the property I was requested to donate a corner clip so that the traffic light could be installed there to which we did donate it to the county um you know with without having to go through a taking case or anything like that but uh any questions that you all might have on the traffic side I'll let um my engineer handle good evening Josh Black eler Transportation group group um just wanted to recap some of the things we heard um as Cole mentioned the improvements are improved they are funded the only issue we had is when we went to construction we didn't have enough RightWay due to util conflict and we were able to obtain the corner clip that we needed and so now we are approved and we anticipate completion in about 3 to four months um let's see that was it for my notes so if you guys have any questions I'm happy to answer yes sir commissioner Goodson thank you um the first I've heard is a traffic light did I hear that correctly you traffic correct they're going to be adding in a an additional turn lane left turn lane as well as uh smart signal uh massed arm so the entire intersection will be greatly improved by a traffic light with the traffic light and a turn lane so right now everyone has to go through one lane and now they're going to have a left turn lane so the rights can continue while they're waiting on the left turn okay then I heard um was it correct I heard heard that you had offered to build another Access Road into Hill Road off of mitton it's the current driveways that are be it wouldn't be a public road but would be available for emergency use obviously if there is some sort of accident the emergency vehicles can utilize it to access um heeled Road in the example of you know a wreck at the intersection that blocks the throat one other question Cole you might want to stay there if you change this zoning today up and down Minon is it pretty much to your liking as far as your zoning you're requesting or is it how does that stand up the parcel that is immediately south of us is currently bu1 in the county and to the comments that were made regarding um Palm Bay denying this project they never got a chance to hear this project because they denied my Southern neighbors annexation and once they he was not annexed in we were no longer TIG so we had no option to proceed at Palm Bay and how about M Madam go ahead sir how about um West melbour going north I believe the county owns the piece just on the North side on the hard Corner which is also bu1 and then there's a mix of residential professional and I don't I don't know the uh complete going north but on the east side of the road there is the public shopping center the daycare and the apartments and everything else but that is in a combination of West Melbourne and palmbay believe I'm not positive exactly thank you thanks sir any other questions commissioner pret Mr Oliver I was um looking at the packet and it seems that there's some businesses next to this as well and so we just looked up the zoning in that and it's in Palm Bay so I think that's compatible with with a with a business zoning so um just just a couple of thoughts and I know the traffic there is is a little outrageous right now but you've just come up with the concept concept plan correct you don't have a site plan ready that's correct we'd still go through the whole site plan approval process so what'll happen with that is I believe um Mr cockins told me yesterday Mr Jeffrey that you're going to have to do a traffic impact analysis with that so this isn't the the last stop with what you're trying to do all those things are going to have to be consistent with what'll protect the residents and I was looking at this and and I'm I'm looking at the plan and of course I'm not an engineer but I was thinking man they need a traffic light right there there is a current traffic light but uh it's not uh as Mr Black referred to a Smart light that ties into the others up and down the road that sequence them correctly to let it flow uh the new light I believe is going to be there is some coordination existing in the corridor but with the new technology and the new detection it's a lot better than what currently exist and so you know as we bring things online and you know make those improvements and those different phases we're really able to get a lot more traffic to the intersection um I mean I think the big thing is with the Improvement and all the additional trips it still operates with an acceptable level of service okay legally we have to make decisions not B on based on emotional decisions but because property values and property rights and um so we have to determine if it's consistent and then we have to allow the staff to do their things and make sure that you line up with all of our laws and regulations so right now with just the concept plan um I don't know commissioner um still if you've got something else but um it it is consistent but I do have the concern for being good neighbors with with with your community and making sure that we do our best to cause um no harm so that's going to come with your site plan but um I I understand the project so and boy It's just tough right there with all the traffic and we really do need to start looking at making some traffic improvements here um years ago I had a friend tell me that capacity on the roads was the number one thing that really bothers them right now so I think that's something we're going to have to look at that's all I have sir thank you um let me make a few comments and ask a few questions of Staff um for those of you who do not know this I've been 50 years in the real estate business and I testify in the courts on cases just like this so one of my biggest concerns is is is that in the event that we didn't vote to approve this that we would end up in court and it would be very difficult in my opinion as an expert in these areas to tell the jury that mitt Road isn't one of the biggest most active commercial real estate roads that there is so that's one of the things that's a problem here so you you've got mitt road which is a major road it's a commercial road now I've heard tonight that you know you're trying to look I've got more friends that live on heeled road than you can shake a stick at after tonight I may not have any but I can tell you right now I know heeled Road and Mitt Road like the back of my hand so I understand it now my question is is that over these years uh Mr denninghoff how many times have they had the opportunity to extend the road and get other access into uh healed road so that they could alleviate some of this traffic could you could you give me an idea of how many times they've done that there's probably been three to four something so three or four times over the years you all have stopped and said no we don't want a road going through knowing that there's that's a large growth area you also mentioned that there's no Homeowner Association you also mentioned you don't have any fire hydrant my best suggestion to you is that you form a homeowner association and you get the protection that you need you're going to need to get uh this is not a tough situation for me it's a tough situation only because I have friends there and I would love to protect it but but I I just don't want to end up in court over it so I'm going to move uh to approve G4 and hopefully uh I guess we need a a motion on each one of these things so hopefully I'll get a second in some discussion and get a approved are you make a motion uh yeah go ahead and pass let me pass it to Rita if you don't mind if you would go ahead with your motion then okay thank you very much I move that we approve G4 and uh tax account number 28610 uh and agenda item G4 is there a second well I'm sorry that's okay it's hard to do that is yes it is I have a motion do I have a second second second by commissioner toaya all in favor say I on item G4 I I opposed item G4 um passes we're going to move to item G5 I move that we approve item G5 I have a motion to approve item G5 do I have a second second second by commissioner toaya all in favor say I I I opposed passes 5 just so you guys know cuz I still got the gavel this is just approving the zoning there's still the traffic impact study they still have to come back with the con um I'm sorry the the um site plan so this is just baby stages but um we can't sir I'm sorry but this is there's there's still a long process to go so there there's going to be some people watching out for you thank you madam chair question Cole Cole question will you commit to meeting with these these people again on your site plan to try to work the best you can with them I'm giving it back to you right now would you say that please so we know you know as you said commissioner Goodson I'm happy to meet with him again to work as best we can the the logger heads we've always come to has been the access on the heal I understand but now he's willing to meet again on his site plan so please and let's try to you know once we get it here we'll we'll vote on it again maybe we won't like it thank you Cole thank you commissioner good mad chair Madam chair okay um Mr chair I just want to clarify yes sir that the board's motion included the bdp yes thank you okay we have uh is there any unfinished business tonight uh any new Business board reports yeah we're going to get to that I think that was done thank you thank God all right so um County Manager you have a report no I do not Morris County attorney you have a report no report Mr chair yeah yes ma'am do you have something our meeting's not over yet I'm sorry our meeting I'm sorry are me oh thank you thank you I'm sorry that's all right no I appreciate it appreciate all the help I I get it I get it I understand thank you for help uh commissioner pritchet do you have any reports commissioner Goodson do you have any reports sir commissioner feltner do you have any reports I have one issue um Mr chairman in each of these meetings uh we are fortunate to have members of bcso um here to keep us safe and i' like to recognize uh Lieutenant Craig Adelman for his 25 years of service in the Sheriff's Office Craig over here yes sir thank you very much Craig congratulations well looks like he's 35 y he does um I have a report but I'm going to hold it to the next meeting there's lots to talk about from the bright Line station and all kinds of other issues but I don't want to take the time tonight to do it I want to get more information so that I can give a more accurate report the next meeting uh commissioner toaya no report Mr CH all right do I hear a motion to adjourn motion motion by commissioner Goodson seconded by commissioner feltner all in favor signify by saying I all oppos nay motion carries thank you 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 [Music] period [Music] [Music] [Music]