e alance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God IND with liy and justice for all next up we have is roll call present okay excus absence Mar president here Alexandra here Matt here and L thank you all right up next is U I guess expart communication uh disclosure of any conflicts for the items that will be um presented today which are the vacation disposal public property and master conceptual site plan any no sir no I did not none okay all right next up says special presentation that should have Sor all right let's see look like we got a little bit out of order yeah um this is a we have new software so it's kind of our first shot at it okay come back so we'll need to um approve the agenda to have a motion to approve the agenda so moved all right a second second second all in favor say I I I any opposed the agenda is approved um let's see I guess there were no minutes from the last meeting included with the information that was sent out or in the package we we do have minutes that have to be signed from uh April 1st okay that was the last minut for the right but we never got them we never got them to review to approve get them back to you next okay all right just just a question can that can the minutes be done by email and and the vote be email or it have to wait till the next meeting it has to wait till the next meeting alternatively we could table the item till the end of the meeting tonight give you all a 5 minute recess to review then you can approve them at the end of the meeting tonight as well thank you so do you have copies that everybody can review or a copy that we pass around all right um we're just going in order of the old old agenda um we don't have any unfinished business so next we'll move to new business all right so new business um we are talking about a u right away easement at at 488 North 4th Street um it's case number pz 24-4 um and what we're looking to do here let [Music] [Applause] me okay so some of the background um this is the corner lot on Fourth and McNab and there's been a fence placed along the right away for a lot of years and what the applicant is looking to do is to um take that land through the um LDC 4-20 um vacation process and with the idea that once they move the fence and just so everybody understands the yellow is the current property line the orange is the fence line and the easement um the right away that they're looking to acquire and this is all with the idea of a uh having a fence there and eventually being able to put a pool on the side of their lot okay so um some of the um findings on this let's see we'll go through those um the fence has been in the right away for 20 plus years at least um they cannot put a pool in the backyard because of the sewer lines and overhead power lines that run along the canal of Fourth Street um the storm water project was designed and they actually ended up doing it at the end of McNab instead of in that easan area so there there nothing in that area at this point um to stop them um along with those attachments with the boundary survey um there's a radius map um a letter of rationale and uh basically I copied a um the LDC 4-20 as well and included that and what'll have to happen next steps we're only here to get your recommendation um and if you agree with it then we would take it to the commission and the commission are the only people that can approve the vacation and it has to be a 50 vote and once if it passes through that then the next step there would be an ordinance created and it would go back to um the commission for approval and once that's done then we look at going to the board of um adjustments and that would be for a fence variance of 6t high so that um the pool would be kind of taken away from the street you wouldn't be able to see it and also a variance on the pool because the distance of the new fence line and the house um if they take the shed down it's only about 20 20 ft and side setbacks for a pool are eight so they'd have to do a variance so that they could get a little bit wider pool in that area as well so this is just the first step in some process question I just want to make sure that that I'm reading this correctly with the exception of the bump out um which is 11 ft the the width of this request is a wide from 3.5 ft to 2.2 feet wide correct that's all we're talking about the exception of the bump um can you just explain the bump to me a little bit the bump yeah the the bump out there seems to be like 11 where the 11 ft is oh yeah this is a a seaw wall cap that the applicant actually had a variance and was able to do that and that was for the city so basically they want to run the fence to that corner so they can maintain that corner as well and they have been doing that since they actually put in that seaw wall so basically they just want to meet the seaw wall with the with the uh the the easement correct okay so we're we're just looking yes is it necessary to completely vacate the easement theity can't maintain the easement but allow them to put their fence a variance to put the fence where is acceptable or is that the whole easement where their fence line is the easement is actually to the road correct correct that it it comes from the property line to the curb would be the right away easement yes is there any future use for the city of that I mean you were talking about a storm water project should the city maintain the rest of that easement but allow them their variance to am I making sense there you're making sense um I don't know of any project at this point that would take any of that spot of that property yes um when you said that an ordinance would have to be created would that apply just to this home or would this become something that would be Citywide no it would just be for this house this Home Alone yeah and I did talk to uh water today and the sewer line that's coming through the the back area there and there's a sewer line here that runs the green is a sewer line they've had a problem over the last couple years trying to get a camera through there it's a clay based um sewer line 8 in and apparently they can't get a camera down through there they've tried a couple times and they're trying to work out what they're going to do so there is a possibility that they're going to have to dig it up um now the the applicant is planning on putting a 10t b here if they're allowed this easement so that they would have access to it um we would have access to it but um there is a problem right now and there is a brand new house being built across the street on McNab and that will feed into that sewer line and it runs from the new house down that line so there may be an issue coming in the future who knows that's what we found out today so the house is built on top of the sewer line no there's actually a a new house no I mean the existing house it looks like well it some of the houses look like they're pretty close um I don't think it is on this particular house but I think there's sheds built over top of the sewer lines as you go up Fourth Street there's it's definitely close that part that comes out in the back is that a is that part of the house house or is that a patio or that um there is you mean this here no the the the the the shape of the house kind of looks like a te and there's a spot there's a part part of it that goes down right below where it says one story yeah I think that's all part of that house right there okay y same same kind of question I don't know if you really what was the rationale for asking for vacating versus just a variance to give them allow them the room they could basically do the same thing I guess because the vacating gives them just gives them a little bit more space to but variance would do the same thing right if you just VAR well the variance would be for the full um the fence height cuz side I know what the variance for the fence but I'm just saying why not ask for a variance to have that fence stay where it is basically the new one no you can't that because it's a right away easement so you have to go through 420 4-20 as a vacation of city property you can't get a variance for that yeah that's what my question was instead of completely relinquishing All rights to the to the uh whatever ease there is there not a variant say that they can just put their fence and solves the problem without having to com completely relinquish All rights for the city on that easement well if they put a fence on the easement that belongs to us and somebody gets hurt they come after us so that I think that's I think that's why the code was developed to protect the city and the people as well so for them to actually have that fence on that property they need to own it and it came to a point when they did the seaw wall the fence was pretty old and when the contractor went in there to put a new fence up that's when they realized that they were in the right away and not on the property line so they can't put a new fence up where the old one was because it doesn't meet code yes has the city considered any I mean disadvantage to giving up the easement what was the question City considered any disadvantage to giving up the easement the rideway rideway yes I don't know that there's an advantage or a disadvantage it's the Dead End Street goes right into the water and again all of the city's Uh current projects have been designed around this so This RightWay is not necessary this particular portion of rideway and as Cory told you when uh when and if probably more like when this sewer line has to be maintained they have access to that sewer line to maintain it it's vitrified Clay it's been in the ground probably 50 years it's probably be P they can't get a a 3 4 in camera through an 8 in line so you know what the status is there's going to be come a point in time where it has to be maintained that's why they have to maintain access to it through the fence to be allow the city to get in and either dig it up or replace it uh that sewer line is sandwiched in between some aerial telephone electric lines the house and the dead men coming off the seaw wall so it's a kind of a constrained area in the backyard there and it's a prescriptive easement it's not necessarily an easement on a on a flat a lot of these old houses like this have prescriptive eases where they just the sewer lines there that's why you got houses very close to them you got sheds built over some of them uh uh and in this case at least there's not a permanent building over it's close but but not over it I always bring my dictionary with me any other question no I have none okay uh next up is um public comment um I have a request from Mike Johnson were you wanting to speak on this or on the um I was hoping to speak at the beginning of the meeting uh regarding some issue I've got with what's going on in Planning and Zoning so it doesn't have anything to do with this so if you want me to talk a little later that's fine yes sir if you'll hold off that then run that by me then just sit back down is that what you said yes sir yes we'll call you back up at the end for General comment um Mr chair if the applicant would like to speak this will be an appropriate time would the applicant like to speak I forgot about that sorry thank you for reminding me [Music] thanks for okay hello everybody I'm Bobby this is Susie um we are the owners of this house on 488 North forth and uh we bought it in 2018 and of course you know houses they built in 57 so we pretty much done everything to the house the things that we waited till LA to the last to do were the seaw wall and of course the fence we didn't want to do the fence first because they're going to have to take the fence out in order to do the seawall okay of course when it came time to do the seaw wall we got hit with the virus and then of course materials and everything else became an issue and so it sort of put everything off for a little while until the all the contractors could get to all the everything lined up again now so we got the seaw wall done we and we already had the seaw wall contracted and the fence contracted with secure fence seaw wall was done and lo and behold couple weeks after the seaw wall the fence was supposed to be getting put in then we're notified that the city said we couldn't have a permit for the fence we had no clue that the property that the current fence that's been there since the house was built not that fence but fences different chain link fences and wooden fence over all those years that we've got photos of that they've been built anywhere from 2 3 4T on the city's property all that time had no had no idea now we got several issues here when we built our seaw wall along with our neighbor that's building a new house over on on uh the McNab side we got the city's permission to build the last 10 fet of our seaw wall technically was City's property they gave us permission so that it was all uniform our neighbor did the same thing so now that when you guys are building your seaw wall that project at the end of McNab there we've saved you 20 ft and the returns we built the returns as well so you know there's a lot of lot of saving of taxpayers money that's gone on there now when the when the when the fence issue came up there's several things at at play here we we thought of everything in designing the fence and and for for our needs as well as the city technically we're on a corner lot the city views our corner lot and we're on the canal that that one house on McNab is the only house that's McNab the rest of the street is cete cross the canal that's McNab over there well Mr McNab that built that house built the houses over there initially back in' 61 or whenever it was was going to do a little walk over Canal Bridge you know that never materialized the city still is viewing that as being a through Street therefore doesn't want to entertain the idea of a 6 foot fence to block the view of all that traffic that goes through on a dead end street that they're treating as a through stream now so what we've done is we're forced to put the pool if we ever get to a pool on the side of that house tearing our shed down so instead of putting a 6ot solid fence we were going to do the first four whatever feet and then do pickets to to make it all the way through to the 6t level then going closer to the water thinking about if the city ever needs to come in or the utilities ever need to come in for the power line or the sewer line a a 10t fence that swings out drop it down to 5ft level CU we're getting closer to the water so that everybody has access to the backyard and they don't have to tear up everything or get you know there it is go go go right to work okay and then of course after that the rungs so it doesn't impede any any of the neighbors vision of the water so you know and that goes down to another level so you know we tried to design this with everybody's needs and and and you know accommodations in mind so the other issue is we've been maintaining this and if and above and beyond that Dead End Street area when we first bought the house was 5 foot 4T weeds this tall and it went right down to the water's edge it wasn't like a regular some of these little dead ends you know where it's 2 or 3 feet off the water this was right at Water's Edge so when we when we first came in there we had an issue so we've been paying our yard guys in addition to the guy that sprays our lawn and fertilizes our lawn to maintain that whole area the Dead End Street area not just the easement not just the easement but the Dead End Street area as well okay and so as far as maintaining what is going to be you know that the outside of our fence you know that's not an issue but if all of a sudden if we have to do anything with the where that fence is located we have irrigation on the outside of the fence and the inside of the fence all of a sudden we got to rework all that okay if they the next step if we have if we're stuck with the 4ot height I know that's not the issue here but this is an issue the the hardship of being forced because of the sewer line and the power line being forced to put a little pool on the side of the house if we get stuck with a 4 foot we got to come five more feet in to where you've got room for for a bathtub siiz pool okay so we're all we're asking for is the existing fence line and then also to Encompass the area of that seaw wall that we built that's all we're asking for we don't want anything more than what we thought you know we had and you know and if you you know do do a drive-thru through the neighborhood you see that we you know take very seriously maintaining our property so we're just trying to it looks terrible we've got the house it's in great shape the yard's in great shape and our fence looks like the clampets it's falling apart you can't put a Band-Aid on it anymore it's just falling apart I know you could rebuild a existing fence there's no bones to rebuild anymore so we're just trying to beautify and bring the fence to match what we're trying to do with the house that's all we're trying to do appreciate your consideration thank you thank you any questions for the applicant okay motion motion public uh public comment then we'll do a motion all right um I have one uh request for speak on this item uh skip Williams this isn't something that came up last week last month or even a year ago it's it's been going on for a while if you look at the name of that street McNab Parkway it's been going on for you know 50 years because they were planing on putting a bridge across all those canals along there and having a back street so to speak thank God for the boers that that didn't happen and we'd be very limited on what kind of boats we could have be kind of like over there in Meritt Island the people on the west side of uh of North Banana River Drive all they can do is a center console and pull their antennas down anyway so um in my mind there's zero detriment to the city to allow this if the commission approves and if you guys uh I guess for you guys at this vote would only have to be a 3-2 vote to move it forward to the commission um but there's no detriment to the city to do this vacation to allow them to have this fence on the same property line that's I mean the same fence line that's been there for since 1957 it's not detrimental to any future storm water projects to uh you know catch water or run water you know that could potentially go into the canal um we understand that there's a Nuance with the sewer line uh he's he's in his building permit for his fence putting in a 10-ft outward opening gate to allow the city access to his property to do that now the variances will come later and they'll go to board of adjustment but obviously can't put a pool in his backyard under electric lines and you know through a sewer pipe so you just want to put a you know I don't know if you guys have ever visit any of Don hayne's properties out at the end of Min man but they have small pools you know they're functional but they're small and that's all they want so I would just ask this board that if you have any qualms about this as to whether you'd support it or or not will I'd say not support it that you would table this issue and call for uh a site visit with a representative from the clerk's office to be out there to make sure you're all in the sunshine and actually go look at the property and I'm going to ask the commission the same thing when it comes to the commission for the five vote if they have any qualms go out there I've been there six or seven times I've been there with the city manager I've been there with Randy Stevenson I've been there with the city engineer and everybody says you know this is kind of a you know something that's very feasible I didn't want to say Nob brainer but um anyway um and if the uh League of Representative Garrett thinks we need to add anything in anywhere to to to make sure this sticks and is viable you know like their 10ft fence and all that to make sure that's part of the record then please do yeah absolutely I was going to uh advise the board on their options with respect to when they recommend approval to the uh commission they can include uh approval conditional you know on certain items being met like a 10-ft swing fence to allow City access or right I think that should be I think it would be prudent to include that you know and so it doesn't fall through the cracks when they put a get their fence permit but then even on their fence permit they're allowed 4 feet they're going to go 6 feet but the top two feet is just going to be slats so there's going to be ventilation and some viewing through there but it won't be like a you know the guy next door on the west sides is going to build a multi-story house and you just want to have a little bit of privacy they're going to be close enough to Def fence in their pool a little bit of privacy that way so my main point is if you have quals about passing this uh and you don't think you're going to at least get a 32 vote then you know feel free to table it and go out and do a site visit with the city clerk to make it pable with the Sunshine Law thank you for uh allowing me the time thank you call for any other public comments yes uh do we have any other public comments all right um so with that uh I guess next we need a a motion yeah I'm going to try we don't have one so you'll tell me if I'm messing this up um I'd like to make a motion to recommend to the city commission a request by the owners of 488 North Fourth Street to vacate a portion of the McNab Parkway right of away as shown on the survey provided to the planning board by the department of development services the recommendation should include a provision that an access fence be provided and that the fence does not exceed 6 ft in height fence material should be coordinated with the Department of development planning services that was very very very good um the only item that that last uh Clause there um you know the fence material should be uh decided in conjunction with planning staff that that's already the law and it's not really a so we can take that out an item of consideration it'll be the motion minus that good I'd rather have too much than not enough in my motion thank you I didn't hear anything about the gate either I said the gate that an access fence be provide excuse me an Access gate be provided and that the fence does not exceed 6 feet in height a second all right any further discussion m m there def 6 ft or 4T that code is 4T they'll go to the board for any other discussion all right we have a motion in a second um all in favor say I I I any opposed all right the motion passes 5 let call um uh sure has everybody had a chance to review the minutes from last meeting [Laughter] uh we have one one blank here somebody encourage the board to make sure should that be filled in before we approve these or just wait until the next meeting to approve these we can approve that with the sub condition that they fill that in fill that in who that need to be done before we approve bottom it's got a blank do uh do we just not have that individual's name did they not State their name for the record when they give comment to the board under General bub public comments I just handed it to him I was reading I'm sure we can find it okay yeah we'll just table it I'd recommend the board table until the next meeting okay so we'll we'll T this all right next up on the agenda uh Master conceptional site plan development review and recommendation 401 me Avenue case b case number pz d22 d22 [Applause] thank you members of the board Randy Stevenson director of development services I've gotten to the age where about all they'll let me do is the history of a project so here we go uh most of you remember this project from probably two years ago uh on March the 17th 2022 ordinance 1668 approved vacating was approved vacating a portion of me Avenue and then in July 7 on July 7th 2022 uh in a variance case number 22-15 a variance was approved to allow the height of the resort not to exceed 70 ft uh constructed to a maximum of 70 ft those two portions of uh approval are in place where we're at now is to uh actually let me let me back up things kind of got put on hold then it wasn't necessarily the pandemic it was the negotiation with the county for access uh you know we have a uh Beach re nourishment program that goes on here this being the pier they had access to the south side of the pier but they could not get the equipment to the north side of the pier so for about the last year or so they have been in negotiations and working with The Bard County to maintain an access easement for access to the north side of the pier for to bring equipment to the beach to accomplish the intent of the beach renourishment program and you will see that on the master plan here tonight it's presented to you uh I believe it's this little I don't we got to get a laser porner guys it's the the northern portion there where they have negotiated with the county there will be a again there's a a conceptual master plan a development agreement because this is a PD uh and then there will be a third party agreement uh that's between the county the city and the uh property owner the developer uh again we're at the same point we were if you remember a few months back with the glass Bank this is conceptual master plan a lot of questions have to be answered after this is approved this is kind of to let them know what kind of project they have so that's what'll be presented to you here tonight they're here to answer any questions you may have staff is here to answer any questions you may have but that having been said unless you have any questions of me I'm going to let Lauren take over and present the project to you fair enough good see if this works from over here so what we have here is the Westgate planed unit development it's project name is Westgate Resort at the pier of cook Beach um the owner is U Westgate COC Beach pier LLC uh this project a planned unit development I don't know some of you guys may be new to it here but uh it consists of three basic three elements basically it's it's a process that a landowner can go through if they've got three acres or larger parcel and it allows them to rather than follow the traditional zoning that put you in a buildable window on a lot with setbacks and sidey yards and things that are set in standard it allows them to work within the the code to develop a kind of a a unique Zone zoning they new zoning standards basically the PD when you go through the process develops a set of standards that apply to that project and it allows them to work with the constraints and things that are on the lot and and come up with the project that meets the intent of the like in this case the gateway community plan the comprehensive plan and just a better all design that works with the goals and objectives of the city and this so the project starts out with a request to rezone the property from its current zoning which is Oceans Oceanside um to a plan development overlay or plan development District zoning designation and in part of that process the PD zoning designation requires the review and approval execution and recording of a development agreement between the applicant and the city it becomes a def fact basically an agreement between the city that outlines the total development of the project the review and approval of the master plan as an exhibit so there's a master plan layout plan which you you have in front of you um that lays out the project that kind of establishes some the standards like the location the square footage the different uses um that'll be allowed or or permitted within that plan Development Area so it sets forth the standards it covers the the plan unit development cover establishes perit the permissible uses sizes and dimensional regulations that will be allowed within the uh plan development now shown on the master plan is a layout of the project including vehicle public transportation pedestrian access areas Landscaping lighting signage requirements and incorporation of low impact infrastructure solutions for elements such as on-site storage of storm water and protection of coastal areas which was also part of the three party agreement that Randy mentioned so in this uh plan development Westgate has presented the city with a conceptual development plan that has several different elements of it but primary elements is the course of the walkway and the access to the beach on the North Long me around pulsifer and access that little go down pulsifer and wrap around provide access off of the end of pulsifer Street as well as a link back to the pier and then it'll include a walkway through the center of the project that goes to the Pier from the from the general parking area so it's 16 unit transient lodging or hotel it has U it's part of the agreement is that it it not re diminish the available public parking so the project maintains the public parking that was there prior plus it um creates additional parking I think there's 616 total parking spaces being provided for this project so the goal here tonight is that staff was to recommend that the Planning Commission review and provide a recommendation of approval to the city commission for the proposed project to be known as Westgate Resorts at the Coco Beach Pier so with that unless you guys have questions I formally enter you know the staff report and and Analysis into the into the record um in addition to that we've outlined the um the next step you know will will be for the this board to make the recommendation to the commission and if as the as it goes through the commission um it's kind of if they approve it it'll be in what we call the final stages but that's still not the end um the master plan and site plan Redevelopment agreement will be forwarded to them and should it become the project proposal as approved in other words if this gets approved the final then it goes into final engineering architectural plans along with the required studies traffic storm water Etc will then become um Forefront for the project to meet and massage it to meet these standards that are contained with in the development agreement being proposed so I have a question for the City attorney yes what are we approving tonight is this the resoning to PD is this the conceptual plan the development agreement all of the above or maybe Randy can ask all of the above all of the above all the above the both I I would mention that both documents both a development agreement which is nothing more than a contract as well as the agreement I will call it the three-party agreement between again the city the county and the developer have been reviewed by Mr Garrett I mean by Mr by Mr Olen by Garrett and and Becky and the and the city's Law Firm so and again much if you will remember that we did with the Weston this is a uh a guide book as to how this project property will be developed uh it's a what I call a negotiated settlement they get something the city gets something we're able to much more flexibility in this manner uh again the project is meets the 3 Acre requirement it already has the required um vacation of the uh me r a portion of me RightWay as well as the height variance uh and again I think uh Lauren mentioned this but there are 38 public spaces out there those spaces have been not only only replaced but have been kept part of the city's part public parking system so there's no loss of public parking there uh to the city and then again as you go up further into the garage they have U another 500 plus spaces up in the garage to service not only uh the back of house the employees but also all of the rooms obviously and the resort and that uh that large area he talked about that runs through the middle is maintaining Public Access to the pier so you'll still have public access to the pier okay with this does this kick it into a quasi judicial oh this is absolutely a quasi judicial fored so don't we need to swear in anybody coming up to speak on you you can if you'd like um I mean generally we've been operating informally thus far so it's fine to okay yeah that was that was the biggest thing I just want to make sure we didn't mess up anything with the quazite J just so NOP part out if there's any if there's any testimony that or evidence that comes up or things that people report that you know I want to you know caution you I'll raise that then okay any questions for the city staff yeah um Can Can someone walk me through how the people who Park in the public parking lots which are marked two get to the beach can you show me on the site plan or how how that happens can I help if they if they're parked in in the open or in the park the number two the number two garages and the yeah yeah now how how do they get to the beach from there okay go back go back if you're parking in the public garage here which are the spaces on the ground floor as you ENT yeah you still have Public Access right through here so oh so that this this walking path this prominade this park walking path is public yes yes okay yes um and also on 14 uh 14 on the development plan is again public parking and that's might have the same question can you just show me if I park there where how I get to the beach again most people that are that exists today most people that Park on pulser just walk straight out pulser to the beach just straight down right okay M it's just showing pretty trees so I'm wondering how I'm going to get right here there's the access right there oh there that little you park here and then and Miss Snider I was also informed by the project planner there would also be a walkway there over the Dune okay to get to the beach okay good all right that that that's those were my immediate questions I see what before you do that let's hear from the applicant they might she might answer some of our questions good evening everyone it's a pleasure to see the board again my name is Michelle lales um I have letters behind my name faicp I live at 335 Sherwood Avenue in Satellite Beach uh I'm here represent presenting Westgate I'm here with Brian Smith the development director for Westgate Resorts um LLC and we are just really happy to be here tonight because as Jack mentioned I don't know many many years ago when we first started this and appeared before the boards that um a a journey of a Thousand Miles begins with one step and I think we're pretty close to 990 5 miles taken on this project at least we think so and we hope so um a lot has gone on in the last two to four years um that we've been working on this and we uh are just grateful to all the staff that we have worked with and the boards and the city commission to get to this point um we have uh taken great pains to make sure that uh Public Access even before working out the agreement with the county uh was uh accounted for can you hear me from over here I was not really intending to go into this depth of detail and I don't want to bore you but I just because this the the issue of public access and parking has come up I just want to address it very briefly um pulsifer is all public parking there there will be a sidewalk and a boardwalk um that will wrap over to both a pier or down to the beach um there'll be sidewalks on Ridgewood Avenue uh all of the the area of meat that you see that is remaining is available for public parking in addition to or as part of the parking garage 50 spaces within the parking garage are dedicated as public spaces um the main area of walkway will be the area that you see there as uh with the numbers 22 256 that go out to uh the pier and ultimately you can go down onto the beach um as well as on the North side um there is access now but the county was having difficulty in getting their low boys and some other equipment that they needed and they wanted assurances that there would be no blockage of by any building or perces or anything else so part of the agreement the trip party agreement with the county is that that is a 20ft access that then feeds down into where you see number eight uh there's a bike parking and then there'll be a boardwalk onto the beach so I if anything there'll be uh much improved beach access additional beach access um much prettier beach access and um and well sustained parking so with that said the staff has really done a great job at presenting what the project is it's um it's a parking garage it's site amenities it's Resort amenities it's um a transient lodging Hotel whatever name you want to it's a resort uh with all of those beautiful amenities that go uh along with it what we are um what we are asking for and coming before you tonight to request is your consideration and recommendation of the following things number one we're asking for a change of zoning from Oceanside to plan development it's all within the Redevelopment District it meets all of the precepts of your comprehensive plan your Charter your codes Etc secondly approval of the master con conceptual development plan third approval of the master conceptual site plan which was also in your packet and fourth a recommendation of approval for the development agreement which includes all of those plans and the character guide and the development standards all of these things are designed to hold this guy this guy accountable so when they walk in the door if they get this approved by the city commission then they can go and spend a lot of money on the engineering the architecture the landscape design and the permitting to come in and work with the staff throughout the city and um and have the project that you see built in a very sustainable loow impactful um High economic impact uh for the city I I think we all know that this is um has been here for a long time it's in the Redevelopment district for a reason and this project will check a lot of the boxes for um eliminating uh some some issues and bringing out of the ground a phoenix as it were um that will be a very positive attribute um and amenity for the city so those are the those are our requests um I have entered into the record in the documents that we provided to the city in our application a compliance report that indicates um how we have met all of your requirements for consideration of approval um whether it's the comp plan uh your Your Land Development code the rules for the planning board to consider uh for consistency uh of the project with um all of your regulations as well as with the surrounding area its compatibility with the surrounding area uh the adequacy of the um infrastructure and what an improvement that will be um the financial impact of the city and the improvements to the ecological environmental geological aesthetic uh elements that are and features that have been incorporated into the plan um will bring the project light years um ahead of where it is today and the nature and design and appropriateness of the proposed development in the in the properties uh involved is certainly um I think um going to be a keystone for the city and we hope that we've that you're convinced that we've addressed all of your criteria uh the staff has worked very hard to make sure that we do do um and we're very uh pleased that they've made a recommendation of approval and we really hope that you'll uh consider that as you move forward and and I'm I'm just going to say thank you and answer any questions that you might have and any other specifics that I can thank you just call can you go back on the page that shows the new plan development the before and after kind of thing I think it adds the peer to that so it was Oceanside which just covers the actual par lot yeah so is this changing the zoning to add the pier to the it'll it'll as part of the PD process it's actually rezoned so that's the part of your packet is a ordinance that addresses changing and part of the recommendation is changing the zoning from Oceanside to PD designation zoning yeah I'm just saying I can't if it's it the color is including the pier as the zoned area well they they own the pier I just marked that so that it's a transient thing I mean usually property like a temporary thing like that would not be like zoned on the beach correct is that part of what you're asking for or no it it'll it'll be their property right here will be rezoned if approved it it gets rezoned to development Zone my question is are we adding the pier to the zoned area the zoned area is actually outl red that's why I just want to make sure and then so that's good thank you and then um parking what is the minimum parking required I know there's not a number in there I know there's 616 spaces but and the reason I'm asking is there's also a requirement to have excessive parking so I'm not sure how you calculated the number of parking spaces um the the parking was based on the city's code and these are the numbers that are required by the city's code we do have um uh extra in order to um accommodate um additional public parking and how many extra um there's probably Let's uh city-owned there's 64 uh in within the pier you know within the our project itself there's 552 so on site there'll be 616 and that's I know that but what's the minimum like based on the rooms like you know we have guidance in here on the the number of units the square footage the restaurant all that we required one per room we're required one per room which would be 116 plus um accounting for employees and whatnot I think there's an additional 12 of that so 126 but remember there's a restaurant right so how how what's the square footage of the restaurant that because it's based on square footage or seating so I'm just trying to get to what you're saying it's covers the minimum but what is the minimum is like that's all I'm asking I don't know what that that number is all I know is that we've met the city's requirements and what they required us to do so I don't I'm sorry I don't have that that exact number for you um I don't know if Randy when when we looked at this there's several factors first of all replacing the public parking which they've done add some then parking for the resort itself right the6 rooms plus replacing the existing surface parking that is already there to service the pier and by based based upon my recollection I've retired since then so give me a break but based upon my recollection they have met all of those requirements uh so they have additional they have more spaces but the more spaces are in 10 on replacing the public parking servicing the needs of the peer which currently exist as well as incorporation of the resort well I would I would say the parking that is for the public that the the part that you're making sure that we have the uh the parking lots that the parking spaces that exist I would consider that part of it I'm just saying is it like a 100 Extra Spaces it 200 Extra Spaces I'm just this the number that we have and let me just say why I'm asking because this is like a Oceanside pedestrian and bike friendly place and throwing 200 extra cars in there where you have con or town houses on the pulser you know on the south side of pulser I don't I would consider that excessive I would tell you and and I I don't mean this um I mean this in in a very you know honest way there is no developer that I've ever known or worked with that um too many generally volunteers to put in more parking than than a local government requires them to do and so I I think that what the number that we're working on right now which is 552 in the garage itself which includes 50 for the public um is is what the city was was city codes required for all of the uses that are on site I can't give you a breakdown of what those are um um I can certainly provide that I can get with the engineers and provide that um to help you with that but um but this these numbers and this project was designed to meet the codes as required by the city yeah well part of the code is not being excessive not having excessive parking so I don't know can't just just as a broad brush just to give you an idea they're currently 318 spaces out there right when this is finished there'll be 66 yeah I I I read all that but I'm really trying to say based on what the new plan is uh what is the codes guidance you know using the codes guidance or whatever again one per room would be6 16 plus the 50 that makes sense that we should just make sure we have so that's Plus backup house plus plus certain remember we the pier is still open it's public and the restaurants are there restant I'm I'm just trying to I'm really just trying to find out the number I just want to know what it is it's just like okay uh let's and again understand this is this is a negotiated settlement uh but parking uh let me see if I can get this broken down because it's been dissected many many ways uh so actually right now there are 344 um spaces on site I believe and um with the proposed with the proposed garage um and the remaining spaces that are that are going to exist on pulsifer andme uh we're looking at 616 total yeah I got the total I know there's there's a couple extra hundred spaces compared to like before and after so how did that come about that's all that's one well when you add when you add 120 6 to um that takes us about to 400 I mean uh 500 and so the the extras are pretty much what's on the surface when you add in all when you add in the units to what's already existing there now and you factor in the the current uses the employees that will be there um you know Lobby staff maintenance workers housekeeping an extra 11 is that what you're saying roughly than than probably the base that's the low no number okay so it's 100 little over 100 Extra Spaces into this area I can't say they're extra I just know that this is the city's requirement so I don't I I don't think they're extra I just think it's required um the max lot coverage on I think on um your Exhibit C it says 58 % on the drawing but in the actual agreement it says 80% lot coverage so which which one is it it says what the lot coverage allowable lot coverage in Exhibit C the note says there's a 58% lot coverage but in the agreement itself the wording in the agreement says up to 80% coverage that's because the final design hasn't been done yet this is all conceptual so what are you asking for 50 because 55 is it 58 or is the development the development agreement and the standards that are included within the development agreement or what will govern this project so which is it there's a conflict in here so it's a maximum of 80 it's a maximum are we allowing is that what you're asking I mean are we allowing up to 80% lot coverage or when you go above 60% they are allowed to do that with low impact design and they understand that again they're asking for the flexibility as the project matures so they are allowed that but rest assured uh the storm water drainage will be much better than it is now because right now it just sheet flows it'll be treated it will be uh uh we we've got a lot of different uh once the final design is taking place a lot of different ways to handle that if they do go beyond the 60 I believe it's 60% correct laoren uh they have to employ some low impact designs which are uh open space things like this treated water it can't be discharged it has to be you're getting that what I why I'm asking because if they're over the 50 they they have certain parameters which low impact designs that are included because I don't see and again I don't think they know yet and they're not sure they're going to go over the 60% but we're we're asking for the leeway to do that as the design matures rest assured if they go over the 60 they will handle the storm water in a low and incorporate those I'm sure it's going to be better but it's a low impact design piece that goes with it if you go over the 55 that's in the code so there's additional Landscaping there's um greater amount of impervious surface I mean of perious surface as opposed to impervious surface um so materials like pavers or uh additional graphy grassy areas or um there's all sorts of land Cape treatments that can be done that incorporate or result in low impact to the environment and the city has a litany has a whole section uh in their code on what those are recycling of storm water for irrigation things like that I know what I kind of know what they are what are they planning to do because if it goes to 80 if we're allowing to 80 then it's required to do some kind of off yeah that'll be up to them to come up with as part of their storm water plan and their plan as they move to the next stages know at this point it's just remember the hard hard design on everything comes after this fact after this after this approval this is all standards and then they have to achieve them so what this does is that what this request and what you set this code up when I say you what the city set the code up to do is to give parameters to set boundaries for a project to be considered and have the flexibility for give and take between the city and the property owner this has been done at the Weston it's been done here I believe you did it at the glass Bank um I I don't know where else you may have used this tool I know that all this can happen we had we've had other plan development just really trying to figure out what it is that you're asking like said the PD concept as we' explained before is fairly new to Coco Beach I've been doing them for 40 years me too uh so and and so has relle exactly and uh it works uh this is again a negotia and we're we're setting the parameters that will be narrowed down as we get further into the engineering and what I call the serious dollars of making this project go the architecture the engineering the traffic the storm water those are things that uh we don't know exact answers to at this point but we are in fact setting those parameters and setting it up in its own zoning category PD so uh that's that's what the the process is all about the negotiation the development agreement that sets up the parameters for the development and the master plan and the the conceptual master plan and the uh site plan so if there's a difference between an exhibit and the agreement does the agreement take precedence so you're basically saying it's going to be up to 80% the the development agreement will set the standards like what you read that 80% lot coverage if if that goes through with that that's what they will be they won't be able to exceed that that'll be part of this agreement so that's what you're ask now to get there they're going to have to address storm water they're going to have to address water quality they're going to have to address everything to meet that based on the 80 it's going to be the high the environmental impacts will be based on The Highest Potential use that's basically what I think that's what Lisa is saying and that's what have to figure it out is that what you see is that what you're saying so when they do their environmental impact study the traffic the storm water utilities the parking the that that it's all going to be based on the highest potential use which is 80% not on 40% and then turn around and get give it's going to it's going to be they're going to design it to these standards that we're looking at in this development agreement % cover not necessarily off of the 80% unless their design meets the 80% but the impact an impact statement usually comes is done before the final design so therefore the highest it stands to reason I mean any development Development I've ever been involved and you we've always had the developer always had to go to the top to the the high to the the worst possible scenario I'm going to say and then in order to do that though there are many tradeoffs um that the developer will have to do in order to be able to it's kind of a carrot and a stick um you right now the codes would allow for what I call just you know black and white um checklist items um this way the city has a lot greater hammer in order to exact from the developer things that are beneficial to the city and so ultimately in setting these boundaries within the development agreement within a conceptual plan everybody ends up being a winner because you know what you're going in with you know conceptually what's expected and that there's going to be tradeoffs and you have the give and take and and again you you're saying they you'll they'll automatically go to the maximum that's not necessarily the case because as relle said and I put it in my way to get to those maximums there's a trade-off there's a cost uh a cost benefit they have to they have to do some Roi numers some return on investment necessarily if they want to go beyond that that 60% and start incorporating all of these uh larger and more costly low impact design parameters but again uh this is a concept that's worked it's working on the Weston it's continuing if we ever get it torn down so we're working on that this this allows more flexibility really on both sides than a black and white uh ukian type zoning code that is what ours is this this goes this falls in the same vein of puds it falls the same base of form based code you've heard us talk about there's more flexibility and there's there's more of a room for a negotiation to the benefit of the city but within the parameters of the development agreement as you see before you tonight okay and again Pro right now we're trying to get the the the canvas uh so they can paint the picture uh it's very expensive to paint this picture uh and this is the way we do it we get a concept plan first set some parameters and as we narrow in on that as the design gets larger and larger gets more complete and more complete then we know we have more room to to U give you exact numbers that's why there's the flexibility at this point and ultimately this comes back to your staff and your staff has the you know ability um to you know to attack those plans um as they would any uh project coming through permitting so there's a Reliance on your staff to implement this and do um do what's needed question the northern easement what is that is that going to be paved or dirt road the county is requiring that it be a hard surface and is that the county I mean the county going to do the work or is that the responsibility of the who pays for that or who who's responsible for putting it in and maintaining it the developer is responsible for putting it in and maintaining it okay but it's being done to County standards County or count as per the County's request I should say that's thanks any other questions M okay so getting back to parking um I'm I know right now and me I think there was like 27 spaces pulsifer there's 35 so there's 62 however um you said there's 50 spaces public spaces in the parking garage right there will be 50 spaces designated within the public within the parking garage to the public okay and then um that is independent of the um number of spaces that are planned along pulsifer um so to that 50 you add the ones on pulser correct yes that are outside yes um then you had mentioned that there were parking spaces on me yes where are they on the public portion of me in that area that's um I think identified as number 16 16 yeah on the north side of it oh okay okay I mean it just that's it doesn't look like 16 on the um you know on the site plan here it's not 16 spaces it's not 16 spaces this reference number number the reference number Legend number number 16 but there's like okay I think there's like seven or something like that six or seven spaces on me okay so there's seven and those would be public spaces um so in aggregate we're we going to have um 7+ show better oh yeah that's much better we'll have 7 + 50 plus uh looks like on pulse for maybe about 23 17 right yeah I think so it's I think it's about 17 that's 18 and in number 172 22 there's cars past the number 23 there's about 23 spaces on puler if you count them okay so let's say there's 23 + 7 + 50 so we're looking at 60 so we're only down two parking spaces from where we're at now um on on puls for there's actually 19 19 okay so we're we're even like for like so they start with 64 they end with 64 we have yeah in fact yes well Brian 30 outside we have 50 inside we have total 80 if we can if we can hold on for a moment let's hold on for chairman ma'am if we could just hold on for one moment Lauren if we can hold on this is a quasi judicial proceeding I want to make sure we have a clean record if we have five different folks talking at the same time the audio is not going to be able to pick up who's saying what when so Mr chair if you could recognize the speaker there's a question recognize the question I think it'll move smoother from here on okay okay so I mean toal number I can help I can help with this there are currently 64 spaces available on me and pulsifer and you will have 64 available spaces when this project is done on me and out between me pulsifer and the garage okay so the 50 spaces in the parking garage which are public does that income go back to the city there 50 spaces um I don't believe that there's any P for that uh the uh Randy Stevenson again the uh those spaces will remain part of the city's parking program yes and that income will come in as part of that program to the city yeah anything that's designated public comes to the city okay I just wanted to clarify that because I know it is in a structure that you're building okay then um also also wanted to it under the development agreement which I didn't get to read the whole thing but just kind of going through it under Section 8 says that um it this kind of development offers a developer and designer maximum flexibility to deviate from traditional zoning standards and requirements so probably you could answer this Randy um does that mean that some other development or developer can come along and cite that they can do that therefore we can do that I believe what you read is actually part of the city's code AS to as to why we have a PD zoning that's actually written into the city's code to provide that flexibility that's not something they wrote that's something they included as part of our code but if they have more flexibility um in changing this zoning uh to to be in this uh developmental community then can another development say hey they did that therefore um we want to be able to do the same if we have another project that qualifies as a PD okay and they come in it's a whole different Pro it's the same process but it's a different project for them they would be able to abide by the same rules that are built into our code which allows the plan development zoning which allows the uh the development agreement uh so yes they would be able to take advantage of that if they came came in as a plan development so they would have to maybe change their zoning to do that and that would all be reviewed it would it's a one it's kind of a one-off situation we review these on a one-off situation because it is a zoning change it is a negotiated development so if somebody else comes in and let's say uh uh their circumstances may be totally different their proposal may be totally different but it be would be reviewed under the same guidelines that our code includes that statement having being part of it but it then we may come up with a totally different development agreement certainly a totally different master plan but yes that is there for all who qualify it has to be at least three acres and and within your Revel within our Redevelopment District so we have four of them okay um and let's see oh um you you had Melle you had said that um you would like us to consider um approval of the master uh con uh approval of the development agreement but tonight or some some kind of recommendation but how can we do that because it's it's a big document and I don't think we've had a chance to read it I don't know how we can do that tonight well this this prod is a product of negotiation between staff and the developer and it has been reviewed based upon the plan has been reviewed by your City attorney uh certainly you know uh we've tried to provide you time to to read it uh uh and to to review it uh it is a contract uh and it backs up it is it is kind of the document that holds everything together the plans uh and it makes commitments uh to what type of development will'll be what parameters they'll follow the number of parking spaces so so uh your staff has reviewed it your attorney has reviewed it uh we've tried to provide you enough time to look at it we certainly be able to answer you try to answer any questions you may have uh I uh you know I don't know if additional time is is necessary if it's that'll be the a decision of of the board here tonight but uh this is a standard development agreement in standard in that it follows the same parameters as as one of the last ones that was approved uh I can take you back 30 years and these things have been following more or less the same standards because they they have to they have to include the legal uh empowerment if you will and they have to include those elements that are would otherwise fall to the zoning code because we are creating a new zoning code just for this project in other words the setbacks the parking the storm water all of that stuff in conjunction with the plan and under the site development standards and under the site development standards that are part of that document so uh rest assured it has been gone over with a fine to com uh and otherwise staff would not be here tonight recommending approval I don't have any further questions I saw that you had to traffic study of some sort done and you would incorporate the changes could you talk about like what were some of the changes and just was there anything significant about the traffic flow or the that um there there will be some off-site improvements that are there's additional studies that will have to be done when this project comes in for actual civil review um they'll have to come in with uh more detailed studies um but there will probably be some off-site improvements perhaps diesel Lanes or AEL Lanes um signage did it have anything about public transportation golf carts anything like that to like talk about how buses maybe shuttle buses or anything could maneuver around there just that road is so populated with bikes and people walking that's why I was wondering like how that might I didn't see the traffic study I know you guys the sidewalks will be widened um sidewalks will be widened yeah yeah the sidewalks will be widened so that will give additional uh safety uh to pedestrians um does it keep the bike lane there would be bike Lanes there the bike lane sep now that runs up and down a couple of things if I might again again one of the and and I'm glad Michelle mentioned this there are offsite improvements that are possibly going to be very necessary relative to traffic or something else sidewalks this is not something that we could necessarily extract if you will for lack of a better term under ukan zoning again we can get improvements uh and she's not going to like me hearing this and these guys certainly won't but but public improvements offsite paid for by the developer it's true in order for them to get what they want we get some of what we want this is the carrot and the stick this is the carrot and the stick if you will we talked about before and again that's part of the uh the benefit of something like this us otherwise we probably wouldn't be able to ask or we would be asking it rather than requiring it so we had that ability it's not a one-way Street here the city gets a lot of benefit uh when we start talking about things like this I'm not arguing they don't I'm just asking what came of it you know people the traffic is tight there that's all and I was wondering what it was going to be like or what what was the finding or was there anything significant that would change the other thing that staff talked about about way back when we were setting up the original Redevelopment agreements is what called capture traffic in other words if we have developments like this or like Weston or like some of the others instead of going to the mo nothing against a a lower in motel but instead of staying at maybe a an older motel and having to get out on there and go to get the restaurant and everything capture traffic within the Redevelopment districts we can do that without creating additional necessarily trips off site but by providing the restaurants by providing the pools by providing the ocean by providing those things that people come to these resorts to see and and and to experience on site thereby lessening uh uh traffic and again going back to the concept of capture traffic within the Redevelopment districts this is all a part of this as is Weston as is you know maybe the drift over in the Gateway that we've been talking about because there restaurants there the people that want to go out to dinner they have a couple of three options without leaving the site I'm not saying it's going to uh catch everybody it won't because I may not like either of those two restaurants but the option is there for them to do that uh this is a popular Resort concept from way back when some of the larger ones no I've been to one and stayed two weeks and never left the site because they didn't have to because everything I wanted was there but so here's that concept of capture traffic that all goes into uh it actually went into the creation of these Redevelopment districts uh there there's uh small scale internal transportation that we're we're trying to make a part of that's just outside the RightWay there's pedestrian traffic that'll be north south on the beach especially at the Weston uh to capture some of that type of traffic a lot of walkability here yeah walkability is what we're talking about okay any other questions all right um next up will be uh public comment um before anybody comes up uh we do have an email um think you pronounce it Mike had Hadad uh ol Grand condo owner 5350 Ocean Beach Boulevard and he sent an email stating thank you for the opportunity for the neighborhood to provide feedback on the proposed project for the Westgate Pier as a condo owner next door at 5350 Ocean Beach Boulevard I have no issues with the hotel idea per se our concern pertains to the height varant issue as in the structure being allowed to be higher than the rest of the Coco Beach buildings aside from the Aesthetics and blocking sunlight to surrounding structures this would also lead to more gas Suites and hence more congested traffic in a mainly residential area hope we can stick with the current height rules and ensure that the city and Westgate have clear plans to deal with the extra traffic in the area as not to negatively impact traffic and noise levels for local residents and the City attorney has a copy of that I believe um as well as Lauren um any other public comment uh on this particular item yes sir come step up to the to the podium yes state your name address hi ly mccan address 4800 Ocean Beach Boulevard five condos down from the pier the beach access we already have quite a few people going to the beach and now you're going to have the people from the hotel going to the beach is that Beach area right where we have it now with the pier with all those people will the hotel guest be incorporated with those people or will they have a separate portion of the beach sure come on up the beach is public now the access to there on you know we can you know we've got different types of access we got crossovers we got streets we got dead end streets but once you get to the beach it's public period to my knowledge no private beaches in Coco Beach okay so the hotel people will be using the same Beach yes thank you any other com public comments John Dyan Li on East aola I think we've discussed this before with Randy and former city manager in the Florida DOT we you started this old project FDT do nothing about it now I just heard about this today so I don't know if DT knows about it or not but you got 6116 I believe it was parking spaces how you going to handle that traffic without being through residential streets you can't you got to go back and work on the FDT and get directly to A1A not on our residential streets residential streets were not designed for traffic like like in kind kind of load at all plus trucks and buses everything else coming we some of that do now you got traffic is totally again the city manager former city manager re word that that they're done a traffic study about that I've not seen that yet that was just a lie period uh lady was talking there's traffic every weekend traffic's backed up two or three blocks that's only just the parking lot there like what's going to be when you got 600 and something cars that come in and out then you come back with your electric bikes and and scooters that type of vehicles we see them walking the dog out there every afternoon or early night they don't drive nowhere they don't stay nowhere close to the speed limit there's inviting problems there you got you risk the city is kind always ignoring risk again your residential streets that's something you need to keep make sure we do not get on the residential streets at all we we don't need that it's you're inviting all kind of problems so my question is if this board can don't know about this documentation had read it don't understand all about it how can you vote for this tonight and go home and sleep it and understand what's going on to it thank you any other public comment good evening my name is Mary personius 2011 St lucil Lane and I'm I'm just trying not to get upset I'm applauding you for questioning the bike riders and the Walkers because my husband and I walk this every day and we bike ride it quite frequently and I can already agree with this gentleman on the weekends that pure traffic is it's backed up it's dangerous to be on a bike if you're going down that street secondly you know I love Coco Beach I love my Gem and right now as I drive around and I have to laugh I see signs that say don't New York my Florida well I'm ready to put a sign on my card that says Don't Fort Lauderdale my Coco Beach this is a beautiful community and it's already growing which that happens and I'm sitting here listening and you're talking about oh the ordinance we can change it this much for this person or this developer and it's in place so the next developer from what I'm understanding can make it a little bit bigger so again why are we Fort Lauder daing our beautiful Coco Beach and then I think about all those people coming in okay we have a no dog rule on our part of the beach and it's already broken so what happens to the resort people that bring their dogs in and now we've got a beach that's all dogs as well as humans when we have a no dog Rule and finally again I agree with you you are given this packet of information I don't know how large it is and you're told you have you have to sign this tonight that's like what's going on done with our government getting these big things and told you don't have to read it just put your name on it so again I thank you for bringing up the questions that you have tonight I would encourage you to read that packet because I really don't want Ford Lauderdale in Coco Beach thank you yes sir hi hi Tom Woods 105 puler Avenue Apartment 204 Coco Beach uh I have to agree with them I live at the corner of ocean beach and pulsifer I've heard several different numbers of how much parking there's going to be nobody can really give a good answer but I can tell you the track traffic going up and down pulsifer is going to be horrible not to mention try to make a left turn on A1A coming off a pulsifer is almost impossible I really wish more time was spent on the traffic development of this as to how is it going to negatively impact pulsifer along with Ocean Beach cuz if the parking lot over there now gets full that like he was saying the traffic backs up and backs up and backs up for blocks I just think more time needs to to be taken at looking at things like parking uh how you're going to deal with the roadways thank you for your time thank you any other public comment all right that ends public comment um do I have a motion I'd like to have Randy just clarify for everybody everybody here this is basically as I'm seeing it step one of a long process that has to be done and I'd also like you to address the prior approvals having to do with this development T your first question uh member Schneider yes it is the first step in a long process uh relle mentioned you know a th000 miles they've probably been a th000 miles they've got quite a few more miles to go uh and again this has been going on the the ordinance approving the vacation was March 17th of 20122 the ordinance approving the height variance which again I've heard it before we're not miam we're not Fort Lauderdale we're not doing anything of that nature to Coco Beach we are allowing limited growth however that was in July the 7th of 2022 we talk about storm water how do you handle storm water one of the best reasons to handle storm water is not with a two-story flat roof building that covers 90% of the site if you go up you can make a project financially feasible and cover a lot less of the site and have a lot more room for storm water I'm just telling you a few Concepts here but this goes back a while it is had a lot of thought put into it uh I understand people don't like change period for the most part I'm dealing with it in my own neck of the woods over on the mainland uh that's why as staff we're charged with doing something that makes sense that's why we did not designate the entire city as a Redevelopment District we designated four distinct areas where we thought development could be allowed to occur uh and again it is not our intent nor is it even with our in our ability to turn Miami Co Beach into Miami beach but there are some allowances that have been set up by the commission one of those being the height variance one of those being the allowance for plan developments within the city within the Redevelopment districts within a small portion of Coco Beach primarily placed in order to take advantage of the ability to develop and to maintain as much as possible and protect single family neighborhoods and to a great extent a lot of the ocean front we are tourist town uh our our Police Department our fire departments are sized they're not sized for a town of 11,500 people they're sized for a town of 11,500 people that has 2 and A5 million visitors a year that's the nature of the Beast this is an opportunity to provide a development and replace parts of a development to allow some limited growth within the Redevelopment districts within the city of coka beach this is uh and you've heard me say this before the city has paid a lot of money for studies over the last 10 15 years this is how you implement those studies not by taking them and putting them on a shelf somewhere and letting them collect dust this is how you redevelop a city we're not developing Green Fields here we're redeveloping properties that have been developed and I'm just sharing this with you because this is what staff looks at on a day-to-day basis as we for lack of a better term straddle the fence and try to say what's good what's not good what do we need to redo we again a lot of thought and a lot of a lot of years of experience has been has gone into making these recommendations uh this project looks probably nothing like what it did when we started but we have to at some point in time say we think this would be good for the city yet yes it does involve change yes there are questions that still have to be answered but this is the first step towards getting to a point where they can answer those questions and I have another question is it then your opinion as a professional planner that the action being considered tonight which is basically just changing this from Oceanside to plan unit gives the city more control as a planned develop vment than it would as an Oceanside the current the current designation is Oceanside is that what it's called Oceanside yeah I think it gives the city more certainty in knowing that this is what's being proposed this is how it's being proposed these are the parameters under which it can be developed if it stays Oceanside we have a we can go in the code we have a whole list of things that can be developed and they can choose any one of those they want and we can handle setbacks parking things like that we don't have the pretty pictures that show us the type of architecture and and and uh the ability to to redo a lot of things we can to a certain extent take care of some storm water but we're limited there we have much more flexibility with a PD develop with a PD type of development and so to answer you to make to make a longer answer somewhat shorter yes I think we have more certainty and more control question okay it's right I just want to make sure that this entrance to the parking garage on pulsifer is the only entrance for the 555 spots is that entrance and exit is that true think I think it's actually off me m Mr chairman may I answer that yes um the and I'm going to step over to the picture the entrance is on me the main the main entrance is on me this will be um avilable sorry thank right here the main um this will be available for valet uh okay valet Parkers the valet service people to use and for exiting it is the exit correct so it comes in it is an exit it's one exit there's another one I mean it comes in through me then they can go out through pulsifer or they can go out a different way correct come in through me out through oer but they can come in through me and out through me also is that true there will be is that the only exit is it's only in through me and out through puler and there'll be availability to go in through pulsifer by ballet only is what's being contemplated now that may change and all of the people in the tow houses south of pulsifer had they all been notified I don't I don't remember what the requirements are for notifying people within so many I believe they had to notify everybody within 300 feet 500 feet they've all been notified 300 ft it's been done it's been done so again I have a relle and Randy questions and they're related and I'll just say them and then you address them um you know whatever way you see fit but um will what what would be the average stay at this Resort um it would it be a destination Resort where you stay it's all enclosed um and also when and where do you project jeed do study would come into play We we've already submitted um two traffic studies uh to the city um permitting has to be done if there's going to be um any required improvements the developers Engineers have met with do District 5 um they have met with the county um so all of that will be coordinated as the Civil work gets moves forward um and any improvements ments that are done out on A1A or that are required to be done as a result of any future traffic Studies have to be coordinated with Dot and permitted by do um as well as you know the county and City permitting as well in terms of the length of stay what yeah it your code re governs the amount of time uh for for transient stay so it's you know it's it's not I mean it's so it's a hotel it's a resort it's you know if it's a day to a week or two maybe right it's it could be anything right just like any of the other hotels here so if the do has you know I mean are they saying they're okay with this coming in uh and then they'll make adjustments as it goes I mean um there there's been I I can't speak for the engineers but what I can what I know and I can tell you is is that they have um they have had meetings with do to discuss the project to understand what may or may not be required as they go through in order to obtain permits for any improvements that might be required in the future from this project so there there's they're in discussions but it won't be until they come in for permit that's will the actual you know hammers got so um how how much of going forward is dependent upon what the do says whatever the do says will be incorporated into the project I mean whatever do or St John's River Water Management District or Department of Environmental Protection or core of engineers or any of the any of the permitting agencies whatever they dictate will will automatically be incorporated into the project to the extent that it's feasible and they want to move forward and again this we we're talking tonight about setting in place a a a path forward but again as said this is not just something that's permitted by the city we got do we got D we got a lot of different agencies uh probably uh St John's River Water Management District uh and those types of things uh so there again this is the first step in another long long process but it is a necessary step okay was there an environmental study also done yes we yes yes we we've submitted that didn't get to see any of those so all right do I have a motion all right I'll do it I move to forward the plan development case number p-22 d22 with its Associated Master development site plans development agreement and three-party agreement and Zoning change from Oceanside to plan development to the city commission with a recommendation of approval do I have a second say that again is that including the so it's in your it's in your package the master concept is the SLE sample motion on number page package anybody for a second all right the motion dies for lack of a second can I no sir please no no comment from the audience can I um we had public we had public comment on this matter earlier sir we're going to let the board deliver right now okay so reopen for another motion chairman so I don't know where the motion wording was on page three page three page do we have another motion yeah I would I have another motion um motion for the proposed plan development PD at 401 me Avenue and moveed to forward the plan development case to to change from Oceanside to plan development to the com commission with a recommendation of approval meaning okay to make the zoning change but not approve the master plan and the conceptual plan no that's not that's exactly you said exactly what I said that's exactly what I said this is only the zoning this is only the change from Oceanside to plan development it's nothing it's not site plan it's not a review of the site plan it's not comments on the site plan so it says with it Associated development plan site plans development agreement and third party agreement that's these concept plans here right so I'm saying about those that goes to that's part of a plan development but the zoning change separate than all the other documents that becomes part of the zoning Mr chairman if I might yes the resoning is a proc is a product of the master plan in other words in order to rezone it to PD it has to be in in concert with the the master plan and the uh and the development agreement because otherwise it's just it's there's no reason to Zone it PD because you have no no product we're in this like back and forth because it's so preliminary I don't feel like we can that's why we call it a concept in a preliminary plan it is preliminary the way it becomes more uh concrete is to uh again again we're painting a big picture here yeah uh I dare say and I'm going to put a number out there but I dare say they're probably looking at seven figures in engineering uh things moving forward to this are pretty close to it six at least High six uh in order to begin to make that type of investment there has to be some uh Assurance if you will for lack of a better term that they at least have a project right now they have a piece of Oceanside property with a pier on it and a parking lot and a vacated RightWay and a variance for a building that they as yet don't have a permit to build this is part of pulling that a little bit closer together and and laying some parameters for what the plan development uh zoning consists of and again it this this plan again it has a lot of things to go through it's it's simply it's the same thing that we talked about on the Weston when that one came forward except it was a much bigger plan and it's the same thing we talked about even though it wasn't a PD it's the same thing we talked about when we approved the concept plan for the glass Bank a few months ago this is part of the process of moving things forward uh I don't know what else to tell you at this point I think I think we're confusing we had the I can't even remember the name of the project it was the project up here next to the church long narrow it goes back to the river with mixed use development oh Diamond Bay yes yeah that came in it was fully developed it was basically ready to go to site plan that was because it was straight zoning it was straight zoning that's what's required for approval for straight zoning this is the concept plan that's required as part of the PD process um so who who's the next point of consideration let's say we we say okay now who's the next point of consideration and are they allowed to ask the same questions we're asking absolutely the next Point let's let's assume that we leave here with a recommendation of approval that's a recommendation that goes to the city commission the city commission is the one who has the final vote it'll be two meetings before the city Commission because it's a rezoning it has to be done by ordinance that's the next two meetings in the process just to get this finalized the zoning after that they have a project they have a variance they have a vacation they have the tools to put this project together in light of the development agreement which they're Bound by now because it's been approved by the city and the master plan again there may be some small tweaks as there always are uh I will guarantee you as a designer I have yet to do a project and I've done projects up to 4600 Acres that look exactly like they did the first time we did the plans they're always field adjustments but again when it leaves here your recommendation goes to the city commission for their consideration of the same thing the same concept plan they have the same questions and the the zoning portion is an ordinance requires two readings before the city commission and that's the next two steps in the process yes ma'am I mean if we were to go with you know the sample motion I would want to caveat that there would be an emphasis on taking a look at do and traffic considerations we're going to have to do it anyway yeah I mean that's part of the process yeah but that also expresses Our concern because I that's my concern and maybe some others here if they agree I think our planning professionals have the same let's hear from the one of the a venues um of communication between this board and the city commission is staff's input at the city commission meeting right so staff's going to communicate exactly what went on here I'm sure they'll watch tonight's proceedings um with respect to the motion um you know often times you know the simpler the better um you know clearly communicate what the board is um uh recommending for approval but if you like those considerations to be specially considered by the commission during their two readings I would uh I would recommend to you that you make a point to staff to raise that concern uh on behalf of uh the planning board yourself um so they can consider it at that time that'd be the most appropriate way to have that communicated to them and if if I might Mr chairman the recommendation that would go from this board would include those specifics that you wanted to put that in there with the planning board had special concerns with uh Do's input and traffic studies whatever however we choose to word it it is a part of the process but if if that is what needs to be a part of the motion then we can do that okay so a motion yes can we add to that uh the sample motion that these are conceptual Master developments plans and conceptual site plans because the way it's written now it says it doesn't include that but the title on them are clearly conceptual development plan and conceptual sure they not misconstrued as a final or completed document and a draft three is it a draft three party or a draft agree I'm um development agreement or is it what is the proper term is that a draft development agreement right now yes there are um not substantive changes that need to be made I discussed this with uh the applicant earlier there are technical changes that need to be made the attorney for uh the applicant has changed so we want to make sure we have the correct attorney's name in the agreement uh the agreements currently dated for 2022 we want to make sure that it reflects the current year 2024 little tweaks like that yeah so yes if you want to call it a draft three-party agreement maybe so do we have a do we have a motion okay make a motion or to okay we'll try it again all right all right for the proposed plan development at 401 me Avenue I move to forward plan development case pz 2222 with its Associated conceptual Master development plan conceptual site plan draft developmental agreement and thirdparty agreement and the zoning change from oceans side to plan development along with consideration for impacts of traffic study in the area in consult and in consultation with the city and do to the commission commission with a recommendation of approval do I have a second I'll second all right any further discussion all right all in favor say I I I I any opposed it passes 5 to zero thank you very all right that concludes the uh new business next next up we have staff and City attorney reports Mr no report for me all right staff report oh I'm sorry if if I might you will you will notice that the uh demo is resumed on Weston uh we have had meetings on that project again I'm probably I'm not going to be overly optimistic but I going to say late summer for an initiation again with the F with the waterline situation entanglement and the the decommissioning of all the electrical issues out there it has taken a while um uh the drift project up on 520 is still working on their storm water they're using a containment system up there so it's taking a while to engineer those vaults and get that taken care of they I think I told you this last time they put the put the restaurant sites as well as the apartment sites all as one drainage system so it takes a while to to incorporate that again uh I those are the the largest items if there's anything else that you uh care to uh ask about I'll be happy to mention it to you uh we did want to talk about a meeting date in July we do have two City sponsored items coming before you in July one of them is a modification to the comprehensive plan to move the Horizon date and make several changes uh The Horizon date is 2025 that's fast approaching we're moving it to 45 uh that's one of those that will come before this board then go for a first reading at the city commission we send it off to Tallahassee and wait for them to come back and we have a second reading and we've done this several times and the other one is a FEMA required changes to Our Land Development code uh to make sure we're in firm compliance with the new regulations for FEMA that will also be coming at your next meeting next meeting being July 1st July 4th and everything I I would request that the board consider a changing of the meeting date to July the 8th I believe which is after the 4th of July or or some or or even even a two-e postponement at at the the board's uh discretion and pleasure so yeah that Monday's the eth and following was the 15th um I'm F the8 think I'm final M bu you I think I'm good with that what the I'm moving the first meeting to the okay the E the eth yeah the eth at uh 530 5 okay thank you other than that I'm here for any questions you might have on anything going on any other questions for staff all right next up is general public comments Mr Johnson thank you for waiting and you're killing me here I wish I had have said I wish i' have said my piece to begin with we'll make sure it's at the top of the meeting next time good try hey um I'm on 108 surf Drive Coco Beach and I'm here to talk to you about what happened to Surf drive so about 15 to 20 years ago um we went through the same process you're going through right now we did a a planning change a uh um Charter change whole bunch of changes and uh we ended up getting a a zone for a condo at the the End of the Street well since then the uh developer purchased five of the homes down there and over the course of the 15 years uh the whole uh residence has changed because none of the homes on the end of the street are really maintain at the way they were 15 years ago before the development took place so what I'm here to ask you is that would you consider when you do these planning changes and Zoning changes would you consider a time limit on these things because had this been done like with in 5 years of of these changes uh I think that the surf Drive Community would have had a condo at the end and I'm fine with the conduit at the end I'm not fine with five dilapidated buildings at the end of the street and it's all about timing we can't go into these changes with uh the promise of uh tight density and all these zoning changes in perpetuity you have to put a time limit on them otherwise what happens to Surf Drive is going to happen to every Community around here when I listen to you guys talk about uh the Gateway and all that every street in Coco Beach should be in the Gateway District you guys think that might be wrong but what you're doing to me isn't right it's just the Gateway isn't right the people that we're here understand that it's it's really detrimental to our our small town community and nobody's going to get in and out of uh the pier anyway right the traffic is horrible there but uh my bottom line is Oh I also wanted to bring up uh wave Crest was uh what do you call it when you considered giving the easement away so that was vacated several years ago uh the people that got the property never uh changed the title or anything and U I brought it to the attention to the council about or commission about 2 years ago and and they just went back to the developer and said hey would you go ahead and uh start paying taxes and all that but what should have happened was it should have come back through you guys so in perpetuity is really killing the small communities and it'll hit everybody eventually so please put a time limit in all these things 3 years four years but not forever okay thanks thank you any other general public comment all right last up board final comments any M miss mckin all right um appreciate staff's uh input tonight and all that you've done to to get us to this point