##VIDEO ID:5JokauUHUII## e e e e e e e e e good evening and welcome to the the uh December 12th 2024 meeting of the Indian River County Planning and Zoning commission the last meeting of 2024 if you can believe it uh we'll begin uh by calling this meeting to order and with the pledge of allegiance pleaseed of Al to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all uh thank you any additions uh or deletions to the um uh agenda nope I see uh shaking of the head uh no uh no minutes to approve this meeting we have four agenda items um two of them are items that are not on consent and two are public hearings so we'll begin with the items that are not on consent uh the first is Riverton and this is a request for a major site plan preliminary plat and administrative permit use approval for a 72 unit multif family residential plat oversight plan project uh grbk gho homes LLC is the applicant uh sulki Biddle and Stoddard LLC is the agent the zoning is Med m Meed Medical District land use designation is CI commercial industrial proposed density is 3.08 unit per acre um any Declaration of exp partite Communications on this uh none uh anyone who would like to speak on this issue please uh be sworn in at this time do you swear or affirm to tell the truth the whole truth and nothing but the truth I do uh very good staff presentation good evening chair members of the board before you today is the Riverton residential project it's a major site plan a preliminary plat which is a plat over sight plan in this case and administrative permit use property is located south of 41st Street West of Indian River Boulevard and east of 11th Drive the zoning is me Medical District and because this is a non-pd project that's going to be developed in the Medical District it does require administrative permit use approval for uh residential subdivision this is an aerial of the site just to give you an idea of how the Lots will be laid out with the existing conditions on the site there's going to be a total of four Parcels that will make up this project parcel one is going to be the main residential component that will contain the 72 residential multif family units uh parcel 2 will be a commercial out parcel that is not subject to any site plan approval tonight just the plating portion of this development um parcel 3 which is going to be the uh roundabout along with the connection to 11 drive and it will also allow for future connection to the out parcel to the North and then finally parcel 4 that will storm that will serve as the sto one of the main storm water Parcels for the site that will um be utilized by all the parcels and then potentially the out parcel when that does come back in later down the road traffic circulation plan calls for a standard internal Loop Road it's going to be one gated access and then obviously there's going to be a connection to 11th drive and then again as I said there's going to be a future connection to the out parcel to the north as well storm water plan is going to call for four storm water lakes that are going to serve as the master storm water ponds for the site landscape plan's going to call for our standard radway buffer at the intersection of 41st Street in Indian River Boulevard along that storm water parcel uh 11th Drive is going to have a 25 foot tipe B landscape buffer and then they're just going to be the standard landscape buffers that are going to go around the rest of the perimeter of the site dedications improvements and other conditions um they're going to have to do internal and external sidewalks in The Pedestrian system uh Street lighting common Green Space Recreation areas and then also uh 11th Drive is going to be restriped to allow for a southbound uh turn lane into the site staff recommends that the PCC Grant major site plan preliminary plat and administrative permit use approval for the Riverton residential development with the conditions listed in the staff report these conditions generally refer to the final lands ape plans and Street lighting designs that will be determined via the Land Development permit the final tree protection and mitigation plans that will be approved by environmental planning and natural resources with the ldp and then finally all the installation of all the landscape buffers um Landscaping street lights improvements and also all of the common area and project sidewalks I'm available for any questions you may have thank you thank you uh commissioner questions any questions on the left the uh partial number two m is what is that a wreck wreck area or what is that area going to be it looks like parking in a building or so parcel 2 will just be a commercial area I don't know what it is now because they haven't submitted a site plan but it'll be approved for whatever the zoning would allow in that area so it could be Medical Offices it could be commercial retail it just depends on what site plan they want to subit and is that included in our our approval tonight only only to carve out that parcel as part of the plat that's it okay thank you welcome good any questions on the right yeah I do um regarding this I guess I vaguely remember I thought the east side of 11th was primarily medical throughout correct yeah so it was Zone Medical but they have a plan development for um residential balance going to the South similar situation so that could potentially all be residential uh right now it is there's a site plan that's approved to the South for apartment complex and then everything to the West is approved for um Coastal point plan development okay um that was one question and then because of the number of units they're not required for a secondary exit or entrance no if it was 100 units or over it would require but since it's not it's they don't have to about it and that's part of the fire code any other questions on the right all right seeing none I'll I'll open the floor for any public comment um state your name address and um your comment please Tom Sullivan 4186 West 16 square can I talk to the attorney because I think I might if I show you this it might reveal more than you should know Mr sving just come on up for a minute and let me see what you're talking about well again the question that was y earlier so you're you're free to put that in that's fine it just if you put it in it has to be shown to the to the cler it has to be given to her at the end thank you you yeah document camera okay again this was not done by a traffic engineer or um what what I'm most concerned about Mr suiv were you speaking in the microphone I'm yes doc uh what I'm most concerned about is the traffic flow on 41st Street both going east and west um I think we're going to have a problem we seem to be shoving a lot in a lot of stuff into a five pound bag in that area uh the 72 units um they don't concern me as long as we can have a TR someone's going to pay for the traffic light on 41st and 11th because as you can see Lily's K with 53 units exits right into 11th we've had problems now as it exists and the 143 units and the 60 units for p aren't there yet nor are the 276 Apartments there yet okay and the 189 apartments that are being built uh on the other side of Indian River now what I wanted to know if I could or could not tell is Quail Valley is putting a tennis facility there with a swimming pool which is going to require a lot of people turning and next to the 143 homes which is additional to the 60 Villas there is going to be a medical building but next to that is CL land which in the future will be converted to medland which will allow probably for a different type of construction now I understand here you only have to deal with the specific issue but I think what we don't understand is the infrastructure impact of this I wouldn't mind this at all the other thing I want to show you is when you look under Cabella where it says 36 there the road was widened by the developer of uh laaya and it was widened at the other end of the street by the developer of PTI deosta but it sort of looks like a bad artery there and the problem is people leave leing that now are facing traffic going in either direction at 45 miles an hour now this even gets better and this is what why I get a little annoyed about infrastructure and I know we want infill because of utilities or anything like that but we have to have in infrastructure in terms of Roads so we don't congest the area the original plans on this when 11th Avenue was put in most of you weren't few of you were here okay 50% of the traffic was supposed to go south and 50% was supposed to go north all right the reality is no one who lives in that area is probably going to go down to 37th street because either one of those intersections are major disasters and probably you've all driven to 37th and um US1 or 37th and Indian River Boulevard my concern and and believe me I don't want to stop development but my feeling is if they're going to develop in here some somebody's got to pay the $300,000 for a traffic light because we know that's what it cost and someone also has to pay the widening of the road because we know what that costs and I have no problems I mean if these developers want to do that I have no problems but what I don't want to have happen is 73 or 72 units be built Quail Valley built tow houses be built and everybody walk away and say gee we did a great job of infill but we don't have infrastructure so Mr Sullivan is there a question there uh yes will a question will someone oh one other point before I get the question uh that when you see the little Stripes there at the end of 41st going west there's a right turn lane there's a straight Lane okay and there's a left turn lane and next to that is the eastbound Lane but unfortunately that street does not align with the street across the street from it so if you're on the other side of US1 and you go directly across you're into you're writing into the left turn lane now my question is is someone going to pay for the infrastructure of widening street is someone going to pay for the infrastructure of putting in a light because I know when Antigua went to put in a light remember lady got killed two years ago uh I was at a meeting andbody said we can't put in a light it costs $300,000 so I have no problem you know but I don't think the taxpayers of the county should be paying when we know full well that these guys aren't giving these things away so my question is who will pay for the infrastructure improvements of the road and the light that's my question staff is that something you can address or I mean I can't give a yes or no answer but I I can give the answer of whenever the one of these projects comes in traffic study is submitted for the project the traffic study is supposed to look at all the traffic from all of the various projects that have been approved as well as ones that are in the process to be approved so those traffic studies typically build on top of one another and there's a recommendation from the traffic consultant or whoever prepares the traffic report of what offsite improvements are needed and until one of those reports says that a traffic needed or road wiing is needed we unless it's a plan development could not make the applicant put in a traffic light or widen the road so that's usually up in concert with the uh traffic engineer for the county and the Public Works director can I add another comment that the uh 41st Street Road is a 45 mph Road when you come to 11th Avenue okay if you're going east okay that's a hard right uh I originally thought when we were doing this a long time go Ryan that there were going to be cut off Lanes both on on the right to make your right and on the left to merge into ongoing traffic but that didn't happen I think it was because the Culvert so what happens now is you have a right angle at 11th and 41st okay going both East and West now what I'm telling you as those cars are coming down in the morning most of you know this 41st is the direct route to get to the beach okay so you have a lot of um uh landscape trucks workers everybody going down there in the morning I've lived there for 11 years I have two you maybe see me I have two standard poodles I walk them but every day and I notice the brake lights going on and and I understand what you just said about the concurrence and the cumulative effect but what I'm telling you I'm giving you real numbers when there are 72 72 homes built there the other hes built there I don't think it takes a genius to add this up and again I one I argued this once before and I found out from uh Master Mohler when the girl was here and I asked her to come up Who does these studies who pays for these studies can you answer that who I don't know who does the studies talking about the traffic studies yes yes the traffic studies are paid for by whoever the applicant is so for instance if we're going to talk about any other developments that are not approved in the future there could be a traffic study that says oh we have enough um we don't have enough capacity on the road therefore we have to add turn Lanes or we have to add a light or we have to widen the road but we as far as I'm aware we have not had that report yet and Quail Valley is still under review and is not going to come to this board within the next month or two so I would assume that that traffic report is also still under review with traffic I can tell you that traffic is very very stringent in their review they go back and forth even on the methodology for these traffic reports before we even accept the traffic report so and Susan back me up on this but we have rules and laws that were Bound by the state and we cannot arbitrarily even if we want to make someone put a traffic light in unless it it is a specific project for a specific purpose and we're able to do it for a specific reason so um that is right or traffic triggers right yeah that is question of the of Mr suiv I'm gon ask question St okay yeah so at this point this is at the very beginning stag so this concurrency not not for this project so this is for the full approval tonight of the residential project so it's all been done and been reviewed by staff yes but the Quail Valley one is still under review with staff and also the commercial property along Indian River Drive when that comes back in they may be required to do a traffic study as well so at this point Point concurrency says no traffic light yes thank you B to you yes can you address whether or not there are other plans to update this area through M so for now um Quail Valley is the only site plan right now that we have in this area uh if I'm not mistaken um if you go a little bit further west um the properties that are CL there has been discussion on Reon zoning those to Medical District as well so they'll do the rezoning and when they do the rezoning I think they do kind of a thousand foot level of kind of traffic review and then we won't dig into the real traffic review until it comes time for site plan review so whatever ends up coming in whether it's a medical office whether it's residential but we won't know that until they complete the rezoning and come to us for sub thank you and just to answer really quick um th this is what staff has stated about their being um and this is just for the board and for everyone's benefit there are certain rules and laws that says you can't require them to do something above and beyond beyond because then it's it's deemed to be an unconstitutional exaction and we can get smacked very hard for trying to extract unconstitutional exactions from them so there's only certain things that we can request um that a developer do that's usually something that's required and even then I mean if they do something that's above and beyond usually they ask for some sort of um you know impact fee credits or something um but that's kind of how that works and then if I can also Doo I'll just read an excerpt from the staff report just so it's on the record um so this is what the staff report says in section number nine traffic circulation based on the Project's approved TI which is traffic impact statement neither an Ingress Northbound nor Southbound turn lane is required on 11th drive at the Project's entrance however there is a proposed southbound left turn lane on 11th drive that will be reconfigured or restriped at the Project's driveway connection so they weren't even required to even do that but the applicant out of their own Goodwill decided that they wanted to add that to address any traffic on that road that's good okay okay thank you the applicants going above and beyond you're saying yes yeah thank you so so did the county uh m p did the county go above and beyond with the uh RightWay that it gave to the property uh on where it says question mark Med I mean you just mentioned the point to me where you said we can be sued meaning now my understanding is there was a 30 foot RightWay that was yielded to that track of land with no compensation to the county is that true I I'm going to ask that you restruct your questions to the actual hearing CU I have all right all right no recollection of that nor is it relevant it just seems that it just seems that like it that goes one way with the developers that's all I'm saying all right and I I respect your opinion thank you anyone else none I'll close the public hearing and um uh additional PNC questions two um regarding that I mean obviously Transportation uh has its rules as to what trips the occurrence of whatever it may be whether it's Road widening or otherwise but additionally I mean there's substantial impact fees collected for the roads from all those particular units all those developers each and every one of them the units have to contribute so there is going to be money potentially down the road when it's required yes but there is also isn't there a light at 11th it's 11th Drive I believe yes there down there by the hospital yeah but there's already a light there yes okay you had another comment chip no I think it was it yeah that's good anyone else on the right anyone on the left none we're good uh I'll call for a motion then motion to approve second all in favor I I opposed it approved um our second uh quasi judicial uh it item is Jansen RV and Boat Storage and this is a request for a major site plan approval to construct a recreational vehicle and boat parking and storage facility uh 11255 US Highway one uh is the uh owner uh and at the applicant is mbv engineering Incorporated the agent is the agent and the zoning is CH heavy commercial land use designation is CI commercial um industrial uh facility uh any expart Communications regarding this uh anyone who would like to speak on this please uh be sworn in do you swear or affirm to tell the truth the whole truth and nothing but the truth I do yes uh excellent uh staff presentation okay good afternoon chair members of the board my name is Michael Hills I'm here to present Jansen RV and Boat Storage major site plan so here is the location map of the of the actual parcel as you can see it is in the North End of US Highway 1 heading towards the city of Sebastian it's about 160 ft north of the intersection of South Indian River Drive as you can see we have an aerial here with an overlay of the site plan to kind of give you give you all an idea on how the project is going to fit with with the surrounding area as you can see we have we have lots of heavy commercial and General commercial in the area and a little bit of industrial on the West Side here's the actual site plan as you can see we have we have some we have large parking spaces for recreational vehicles and boats um we have one little 500 foot office for the front here on our site here on our traffic circulation plan as you see we have a right in and right out so um due to the median that is in the US1 Corridor um a left in and left out is not feasible with this project so this right here was determined by our traffic engineering department that this would be the safest one and as you can see the applicant is providing a six foot tall vinyl clad chain link roll gate just kind of to control access from the parcel because again like I said this you know the main goal of this project is to store RVs and boats and you know we don't want we don't want crime being commenced uh you see here on the storm water plan we have two storm water ponds one in the Northwest Quadrant of the parcel and one in the Southeast quadrant of the parcel and then of course we have the associated infrastructure with that to basically route our rain water because as you know this is impervious surface here we go to our landscape plan for the project so as you can see on the landscape plan because we have Frontage on US Highway 1 we have a 20ft wide thorough FAIR Plan Road Landscape buffer um I've also highlighted some of our landscape Islands to kind of satisfy the vehicle use area um for our code and then really on the North End and on the southern end and on the western end we really just have a conventional 5 foot landscape buffer due to the compatible uses and Zoning that are in those areas so for this project tonight staff is going to recommend that the pz grants major site plan approval for Jansen RV and Boat Storage with the following conditions um that basically upon the approval uh staff is going to review the final architectural designs because this will these will be covered parking spaces with canopy and so because this is within the other Corridor we have to make sure that the architecturals are good with that um just ensure that final Landscaping Street lighting and tree protection plans are all met and construct all other improvements indicated on the site plan if you have any questions staff is here to answer them thank you thank you Michael um any Comm questions on the left I just have one sir okay if you can bring up the landscape plan again for me please absolutely what's your question commissioner uh wait oh hold on there it is okay um it looks like you said the 20 foot buffer is is along us one yes and so to the west of that that buffer looks wider than the 5 foot as well is that also a 20ft buffer that's being being put in there no that that was my I will say that was my mistake on when designing this that is actually just a 5- foot buffer I might have colored a little too much when I was making the design yes question it abuts the FC railroad so by default it doesn't actually have to have the thare plan Road buffer even though Old Dixie Highway is on the other side well that was my I was wondering why there would be a 20 foot back there against the railroad tracks unless it was for noise or something so it just looked different thank you no problem good pick any questions on the right jip what's uh the requirements as far as a turn laying from the southbound for the project so what I know is that you you got this one okay uh thank you Mr chair uh for the record Ryan s assistant planning and development services director uh chip this is a super low traffic generator um by and large large Vehicles so unfortunately large vehicles are slow turning vehicles but uh right turn lanes are determined by the volume of right turns unfortunately um so it's going to be nowhere near that something on a a road of this um volume capability it would be probably somewhere around 35 to 40 turns per hour and I don't think you're going to see 35 to 40 turns per day unfortunately so double count when it's the truck no no no you can't double the the the the fifth wheel but fdot also um you know has to review and improve through their through their process so they are allowed to impose safety requirements so it but at this point in time southbound right turn L is not required even though it is a highspeed u roadway okay uh it does have a generous radius though for the driveway so that helps thank you uh any other questions on the right I'll go ahead and open um for any public comment is there anyone who would like to speak on this yes Alex Jon on please come to the Podium and um name and address sure Alex Jansen uh pal Beach County yep just on behalf of the applicant I wanted to thank staff for their time and and effort in approving the plan or working to approve the plan and just thank everybody here tonight and uh say that Rebecca Gro and I from mbv are here to answer any questions thank you Alex any questions for Alex no anyone else close the public hearing uh any additional questions from um Commissioners on the right left call for a motion motion to approve second uh all in favor I opposed passes all right so we move into our two public hearing um are two public hearings um the the first is um a legislative issue uh and that is consideration of a staff initiated Land Development regulation amendments to remove duplexes from the County's site plan requirements uh this is uh legislative so we have no Declaration of xar Tite uh swear in anyone who would like to speak on this do you swear or affirm to tell the truth the whole truth and nothing but the truth very good um staff presentation thank you again Mr chair for the record Ryan swey assistant planning and development services director um so we have a staff initiated Land Development regulation set of amendments to remove duplexes from the site plan review and approval process uh so just a brief slide on the uh Land Development regular ldr amendment process they are legislative in nature um they require a public hearing here at the Planning and Zoning commission with a recommendation to the board of County Commissioners and then a final public hearing at the board of County Commissioners level so background analysis for this proposal currently basically by way of technicality the county ldr's required duplexes to be reviewed and approved through the minor site plan review process which is a staff level approval but it's a formal process it does require additional site plan and other application fees like land clearing and tree removal um it is a more substantial submittal uh package as opposed to a building permit submittal package uh minor cyons take anywhere from 3 to 6 months by their nature of having to go to TRC which on its face is a one-month process and then there's typically back and forth and then also something although it's not overly complex it is more often more involved than what a typical general contractor or small duplex developer would do so it typically requires the services of a Consulting engineer or architect um for those reasons it's been deemed to add cost time and effort to build what is considered normally to be a an affordable product you know a conventional duplex that's for rental we're not talking about plat over or multiple duplex in a in a single project these are just raw Lots where someone would like to build just a single duplex um so the county affordable housing advisory committee or aack uh directed staff to proceed with ldr amendments to remove duplexes from the site plan review and approval process and again it's intended to reduce the cost of building duplexes on individual Lots um additional background analysis duplexes are already Exempted from pretty much all storm water and traffic parking requirements uh throughout the existing ldrs uh duplexes are allowed to back into the RightWay like single family homes they they don't have to have off-site parking um however duplexes will be required to provide individual lot drainage plans just like a single family home and they'll also still be required to obtain a type- c permit if they are in the flood plane um they still have to be appropriately zoned so rm6 or rm8 and they'll need to meet all appicable zoning and dimensional criteria lot size lot width setbacks all of those things again it's not intended to exempt site plan or subdivision projects that are proposing multiple duplexes so we're not going to allow folks to create a blank subdivision and then come in with you know 50 duplexes and try to work under this exemption this is again strictly for land that's already slated for individual duplexes and staff supports the proposed ldr amendments and therefore uh staff's recommendation is that the Planning and Zoning commission recommend that the BCC adopt the proposed ldr amendments to remove duplexes on individual Lots or Parcels of record from the county site plan requirements thank you thank you Ryan any commissioner questions on the right none I would just like to say that I I thought the the changes to the ordinance that you made were very concise and very clear and um I I think it's fairly simple this this makes a lot of sense to try to help relieve some of that cost on getting some affordable housing going so I recommend sta commend staff for a good job there good thank you did Mark did you have a question just uh not a question but a comment as your representative on the affordable housing committee I think uh uh from what I could see we need to support this for the reasons just mentioned good thank you Mark uh any other Commissioners no this is a public hearing so I will open the public hearing anyone who would like to speak uh please come forward seeing none I will close the public hearing um any additional commissioner questions on the right on the left call for motion motion to approve second we've got multiple motions to approve we have one second and we have one second did you get those all in favor I oppose uh excellent so um our final public hearing uh tonight is um uh motoros resoning and it is uh uh lealo lion Jr's request to rezone approximately 5.7 Acres out of 7.91 total Lakers from CL limited commercial District to CG General commercial District um and uh any Declaration of exp parte communication none anyone who would like to speak on this please stand and be sworn in do you swear or affirm to tell the truth the whole truth and nothing but the truth uh very good uh staff presentation good evening chair board my name is Cynthia Thurman and I am your long senior planner for longrange planning tonight we have a request for cl limited commercial to CG General commercial the subject property to be rezoned is a portion of a overall 7.91 acre parcel the parcel is located between Old Dixie Highway and 39th Avenue West of US Highway 1 the pur of this request is to rezone just the northern portion to General commercial uses this area of the county is characterized by a sparse mixture of commercial and Industrial with residential development on the east side of US Highway 1 along the 73rd Street Corridor to the north of the subject property is an established plant nursery with the garden center that was developed in the 1970s to the east is a restaurant and a small non-conforming residential home to the West is Old Dixie Highway and the FEC railroad tracks on the east side of Usos Highway 1 is a 9 acre parcel occupied by the Polish American Social Club ofo Beach and the remaining Southern 2.21 Acres will not be rezoned and will remain CL limited commercial and serve as a zoning buffer and it's ultimately too narrow to develop and required setbacks and buffering constrain the site for significant development here's the zoning map and you can see here the yellow outlines the entire 7.91 acres and the north 5.70 is striped there in the red here's the future land use map you can see here the red is the future land use area that is designated for commercial industrial future land use look at the existing zoning The Limited commercial commercial is really intended to provide for areas for development of restricted commercial activities accommodating the convenience of retail service needs of the area residents minimizing the impact of such activities on nearby residential areas no drive-throughs are permitted in CL and no outside activities or storage is permitted the development standards in both CL and CG are pretty much the same there's a snapshot of those here the proposed zoning General commercial this is intended to provide for your areas of development for General retail sales and selected service activities CG zoning districts are not intended to provide for heavy commercial activities such as outside service uses or heavy repair services no outside storage is allowed self storage and CG is limited to no more than three acres again this resilient request is consistent with the underlying future Lage destion it is part of an established commercial industrial featured landage node that was everything we saw on the featured landage map and red the commercial industri future landage designation is intended to provide areas for development of Industrial and Commercial uses located in areas with SLE levels of service infrastructure for urban scale development located along major transportation routs and separated from residential areas and again no future lenus Amendment changes proposes Park this request part of all resoning requests we have to look at everything as part of the review criteria as part of chapter 90212 subsection 3 items a through K whether or not the proposed amendment is a in conflict with any applicable portion of the Land Development regulation no develop no conflicts uh are part of this request to CG actually potential buffering benef buffering there are opportunities for buffering uh requirements because we're limiting uh the request to the northern portion of this parcel Item B consistent with all the elements the commer have plannned we do find that it is consistent with all the elements nearby properties include per uses permitted in the CG zoning District item C consistent with the existing proposed land uses again no future land is part of this request so it is consistent in compliance with the adopted County thoro plan the property is between Old Dixie Highway 39th Avenue and west of Highway us one wisdom Frontage item e generate traffic which should decreased levels of service all Redway segments within the area influence would operate an acceptable level of service under the proposed CG zoning item F subject to change conditions conditions exist that warrant an amendment the acreage of this request has been limited to to the north portion where the economic conditions in this area have become more conducive for uses allowed within the CG district and remember I talked about how the north portion of the property is uh AB buding an existing commercial Nursery that's been there since the 70s item G would decrease levels of Service established for sanitary sewer pable Waters Solid Waste dange and Recreation the applicant may be required to pay connection and customary fees when a more detailed concurrency review uh is when during the development review process and again we're uh during section 910 07 we're have to review everything based on the highest and most intense use under seal zoning that would be your General commercial and then under I'm sorry under CL that would be General commercial under your CG those are backwards that would be your General commercial so they would be the there would be they would be almost the same in that situation item H result in the significant adverse impacts on the national environment the subject property is actually undeveloped uh so when the site specific development proposal is determined a more detailed environmental analysis would be required item I result in an orderly and logical development pattern specifically identifying a negative a effects on such pattern proposed development allines with the comprensive plan and surrounding land uses existing the conflict with Public public interest is in harmony with the purpose and interest of Land Development regulations staff found no adverse impa to public we finds that the request aligns with the purpos intent with the land of development regulations K any other matters May deemed appropriate in review and consideration and proposed amendments such as police protection fire and Emergency Medical Services all con currency mandate facilities have adequate capacity to accommodate the most intense use under poos zoning District so in conclusion the requested CG General commercial Zing district is compatible with surrounding area consistent with the goals objectives and policies of the County's adopted comens plan is consistent with the County's land regulations such of property is deemed suitables for CG zoning can be supported by staff and the recommendation is that the plan zoning commission recommend the board of County Commissioners approve this request to reone the subject property from cl to CG thank you Sydney any commissioner questions on the right sure yeah it it seems to me not just on this parcel but um in the last few meetings we've reson most of this area and we've heard reasons like uh it was improperly zoned to begin with OR Co or you know things have been changing and I just wonder why um if the staff has the capability of doing a staff initiated resoning with the uh approval of the property owners uh instead of doing a little bit at a time like we're doing here seems like it's also maybe a financial burden on the on the property owners to uh go through this resoning process that's a question to staff not to me yes Mr chairman Patrick Murphy uh chief of long-range planning um staff could perform what's called administrative res Zing if we had permission from all the property owners within the area to be rezoned but that would take a study of the area to determine that it would need existed to rezone that property we would have to get Buy in from the property owners if you were to rezone this to a higher zoning District allows other uses this could result possibly in a higher taxation of the property because it' be valued higher I don't know that everyone would support that uh we have not had an outcry of all of the parcels in this area that the seal zoning is limited their ability to develop the property we've only heard from a couple of different proper owners that seek a higher zoning category so I don't feel it this time we would want a a in-depth study of this area to do a wholesale resoning of all of the areas you see on your map in pink to either an orange or a red a CG or a ch um so at this time we would just field applications for individual Property Owners if they felt the need to go higher than CL if I may have seen a whole rash of them just lately and I guess are you saying that you're not there's not a lot more in the pipeline well there's not no okay if there were then you would consider something like that yeah I think we've had what two requests in this area two to three out out of what you know appears to be about close to 20 Parcels so it's a very small percentage of the parcels that are in this area you see on your map that have seek a hire zoning yeah I can say it looks like they are all over again to me because it seems like more than two or three that we've approved in the last few months so if if I may on another note to another Factor would probably be now the county anything that is County initiated has been required now for the past couple years per Florida legislature they have to do what they call a business impact statement and um they have to do that with any and all of the uh proposed legislation like they're going to have to do it for the one we just heard um also for any amendments to the ldrs um and if there's something that goes on I mean it could it could open them up to um some sort of liability as well um from some of the businesses that surround this area if they choose to go to do the rezoning on their end whereas if the applicant comes in and seeks to do the rezoning then the uh County doesn't take on those requirements they're not required to do business impact fee statement and they are not required uh they're kind of limiting their liability because it's the owner themselves that's initiating it not us trying to impose something on them if you will understand get that good good any questions on the left this time no actually I did yeah didn't we have a piece that was up for review recently that actually was the was declined I think was right here yeah I me right next who and what was the I think they wanted mini storage or something like that I mean what was the reasoning behind the non-approval on that or what was the request for zoning was it that it wasn't immediately adjacent to the railroad because yeah because that was actually um so you're discussing actually the piece right there to the east which is the opposite triangle that was shaped yeah so that piece um you saw actually at the same time at the last meeting right so you saw that and so that piece was do you so you made a decision on that piece last time but it was a different request it wasn't request the same the request was not the same so your request for that one was not to go from cl to CG it was to go from cl to CH it it was jumping two classifications of zoning category uh there was also the existing residential home to be taken into consideration which is also the reason why this parcel you see before you they're only looking to reone the northern portion of it so that that stays intact and you sort of have that Ste down in that buffering but in Mark's defense it does appear kind of deja vu here we just looked at this certainly and and and I I know EXA exactly what you mean because there have been more than one parcel in some of these applications so that does that does make it seem this more the timing is a little ironic absolutely all right any any other questions Mr chairman I I did want to point out that we did have a letter of approval that was submitted to us from one of the adjacent Property Owners I just want to go on record that we do have that letter support letter of support excuse me supporting the approval a public hearing so we'll open the public hearing anyone who would like to speak on this please come to the Podium state your name and address my name is Daniel Nelson and uh my address is 7445 US Highway 1 the property adjacent to it uh the business is also my residential address as well so if you would bear that in mind um could I ask who uh approved the or who um issued the support that was from Daman Brink vice president of Planning and Zoning land America LLC and which adjacent property is that paral 191 it's it's the triangle it's the opposite triangle it's this one is that where the chilling Grill is or is that the other property there yeah it's the it's the it's this one right here one right to the east one right here to the east okay um I suppose my question would be have you considered that there is a residence on the property there at bsy B are you referring to that property there to the east no to the north this one to the north here yes it's a mixed use property right and my residen is on that property um in addition to that we've had issues in the past with storm water draining off of the property which as of now it is an undeveloped property which of course they don't have to do anything about it but if this was to develop are they going to be required to take care of their own water instead of it all dumping onto the property absolutely yes any site plan that we get we'll evaluate that the the existing soils report will be conducted a jinus analysis will be done and any water that they have um on their site currently will have to meet what's called a prepost so no more water flowing off the site now than what would be produced when the psy is developed do you have questions oh okay um the other thing that I noticed is the letter that I received in the mail um does not correlate to the zoning map that's up here it's showing that the north 5.7 Acres of 7.91 Acres was subject to rezoning whereas what I received in the mail said the property is 8.1 Acres that is that that is the uh property appraisers total the survey total by the applicant is 7.91 so this letter went out before we received the survey from the applicant okay at this time I think that was just wanted to make my statements known that there is a residence on the property North there and I personally am not thrilled with having another storage unit in town especially right next door to my house where anyone can come and go all hours of the day I already deal with the concrete plant across the train tracks um which produces a ton of noise and I'm concerned with that property there bringing in more traffic and additional noise if it's going to be a 24-hour facility or something to that effect thank you I'm sorry could you did we did we get your name did we get your name and sign in for the okay thank you anyone else good evening Joseph Shuli Shuli bonod of ver Beach Florida I'm here representing the applicant uh and in fact I am actually a one of the owners as well of the uh uh well not an owner yet but we have a contract to purchase the property and uh we submitted resoning application about a month and a half ago we met with staff back in August and um um we uh uh discuss the the possibilities of CG or CH in uh St staff gave us all the reasons why it should just be CG and they wanted to limit to the north and um we thought was a reasonable request and you know we like to work with staff and make everything work as well as we can keep everybody happy and uh so that's our intentions not only uh uh now the zoning but even when we do site plans later on want to tell the adjacent owner Busy B we will be good neighbors one and and I'm not just the engineer I'm an owner we will be good neighbors two we will take care of the storm water uh they have problems now there won't be problems with storm water on their site when we're done and um um other than that I just want to say u i i i want to congratulate staff they did a great job in the staff report um we agree with uh their uh their their report their analysis and their recommendations and um I just like to say I'm here if you do have any questions I'd be happy to be on standby and come back up uh if I need to address anything thank you Jo I have a couple of questions for you Joe thank you sir certainly um when when I have had other um storage places come in and and speaking of that the man cave concept which I think I read on the application uh is the intent of this condo garage typee facility going in there um when there have been several of these that are very very successful and and they have a tendency to be higher end uh people who are in there and and working on their personal vehicles and those kinds of things and some of the things that I saw that they can sometimes take these things out and build their own little personal bars and kitchens in these things and have all their tools and those kinds of things going uh there's one over in Fort Meers or Naples area right in that area that the uh residents also do things like fundraisers and they'll have a big barbecue out there and they'll uh have music playing and those kinds of things so a question would be is there some kind of a sound area there that that wouldn't interfere with the residen that's over there and is that kind of thing anticipated uh with the project that you're doing okay uh well thank you for asking and I'll let you know that this is our fourth project in in River County right we developed ver Auto House on 12th Street any of motor house on US1 around 42nd and uh any of motor house 3.0 on 41st Street and um they've been successful projects and you're right there this is not a a mini story or self storage facility no these are lack lack of a better word they're man cave sheeds um and um they're owned they're not rented correct so you're not getting different strangers in all the time um we we have um within our deed restrictions we we do not allow any commercial occupancies um and um we um have adopted specifically uh decimal ratings in our condominium documents that exceed the counties that's ratings and Aro docks um you know in the in the evening uh so that it's not noising so it's not not an issue because your documents seem to take care of of any of those issues there we you know we're very conscientious about that and the reason we're doing it is is not necessarily I'm looking out for the residents next door but we're looking out for our own tenants because it's not a business place it's a place to you enjoy your cars your RVs uh that type of thing and it's been successful um our clientele is super happy with it I would me building another one if I didn't think I could sell it so this isn't not a I I want to express to you this is not another glut of storage in newor County it's a totally different animal if you will it's a storage uh condo these people buy these things and uh and there's a need for them and um so we're we're hoping that we'll probably do one more this one and will your documents allow any kind of residence there uh no there's no residence there uh whatsoever the the only thing that we do permit or it's not even really a perm thing is um um a lot of our clients happen to be uh uh people on the beach side and if they get excavated dur during a storm we build these things like bomb shelters they're Cat Cat 5 design all concrete and steel even the roof is concrete and so they have a place to go hide for a day and and that that's about it but they're not residences thank you very much you figure out and you figure all the time you drive by one every time you come into Vero Beach on us one you drive by it it's neat it's orderly oh yeah nothing in disarray I I just when I was looking up man caves there's there's some Partiers out there that that have some I do want answer that one question a lot of these motor a lot of these manave facilities some of these facilities you'll see they actually have like a common building where they get to do we don't do that and we found it's not necessary and we found it um our owners to this day most of them don't know each other uh for some reason they're a lot more discreet they don't want to be bothered they have their toys their cars and so we don't have that type of uh you know we need to limit the conversation just to sorry I was I was just going to actually say that at the end of this is that we're not allowed to consider the the proposed uses only the intensity of and I wouldn't have talked I was asked about it I want to remind the board please don't don't think about that use think about the intensity of the uh proposed zoning that's all thank you apologize the use was actually on the application so I thought that was part of it so my my apologies thank you okay anyone else good evening Rebecca gral mbv engineering um Patrick thank you for reading the letter in from Red Jasmine Land Company they are the adjacent property owner and they just wanted me to come tonight and speak in favor of this application um and the board's earlier comments there are changing conditions on the roadway there have been a number of applications not just from us the part immediately to the South where it's the orange CG the southern portion of that was approved for rezoning that still has to go to the board um to the CH and then the parcels to the south of that which are now shown as CH on the map they were rezoned this summer around June July through the planning board um so there are some changing conditions on the roadway definitely all right thank you so much anyone else hello my name is Dan Nelson I live at 6269 Arcadia Square in Vero Beach uh but I'm also the owner of busy be law and garden center uh thanks to your uh his information I would like to give our approval as well for the reson as a neighbor good to know thank you thank you anyone else seeing none I will close the public hearing any additional questions by Commissioners on the right Mark uh regarding the comment about the uh that the neighbor brought up about the safety um I just wanted to ask Joe if uh a facility like this and I realize it's not a side plan but uh wouldn't it typically be fenced so that it would contain the resident or the owners of the condos uh from going into other property outside yes sir yes we we fence our facilities we gate them we put cameras all over the place as well anyone else anyone on the left um call for a motion motion to approve motion to approve second second all in favor I oppos it is um approved unanimously uh so um commissioner matters any commissioner matters any planning matters no sir uh any attorney matters no sir that's it for 2024 you're here Merry Christmas to all Merry Christmas to the commission