CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO

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1 CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO Held on Wednesday, August 2, 2017, in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Land Development Division, Palm Bay, Florida. The minutes are not a verbatim transcript but a brief summary of the discussions and actions taken at this meeting. Chairperson Philip Weinberg called the meeting to order at approximately 7:00 p.m. Mr. Thomas Woody Woodrum led the Pledge of Allegiance to the Flag. ROLL CALL: CHAIRPERSON: Philip Weinberg Present VICE CHAIRPERSON: Wendall Stroderd Present MEMBER: Leeta Jordan Present MEMBER: Khalilah Maragh Present MEMBER: William Pezzillo Present MEMBER: Rainer Warner Present MEMBER: Thomas Woody Woodrum Present MEMBER: Michele Quinn Present (School Board Appointee) CITY STAFF: Present were Mr. Patrick Murphy, Assistant Growth Management Director; Mr. Robert Loring, Planner; Ms. Chandra Powell, Growth Management Recording Secretary; Mr. James Stokes, Board Attorney. ADOPTION OF MINUTES: 1. ; August 2, 2017 Adoption of Minutes occurred prior to New Business. ANNOUNCEMENTS: 1. Mr. Murphy announced that Cases CP and CPZ , West Pointe Babcock, LLC, were continued to the September 6, 2017 Planning and Zoning Board meeting as the applicant had not completed Public Notification requirements. No board action was required to continue the cases.

2 Page 2 of Mr. Murphy announced that Case T , City of Palm Bay, was continued to the September 6, 2017 Planning and Zoning Board meeting to allow staff the time to compile further information. No board action was required to continue the case. 3. Mr. Weinberg addressed the audience on the meeting procedures and explained that the consists of volunteers who act as an advisory board to City Council. Case CU , New Business Item No. 3, was heard at this time. 3. CU PALM CITY INVESTMENTS, F.H., LLC (PETER PENSA, REP.) Mr. Murphy presented the staff report for Case CU The applicant had requested a conditional use to allow for a proposed multi-use development in a BMU, Bayfront Mixed Use District. The board must determine if the request, based upon the submitted material and applicant presentation, meets the general requirements of the Code of Ordinances, as identified in the staff report. Mr. Warner questioned whether the request had been brought before the Bayfront Community Redevelopment Agency (BCRA). Mr. Murphy stated that the BCRA would hear the request in the next week. Ms. Maragh asked if a different design would be an option if the traffic study did not support the conceptual improvements and reconfiguration indicated for Robert J. Conlan Boulevard NE. Mr. Murphy explained that City designs currently under consideration for Robert J. Conlan Boulevard had been incorporated by the applicant. A full-blown traffic study with a complete analysis of the road proposal would be done to ensure a safely designed project. The portion of the request proposed for Robert J. Conlan Boulevard would not be allowed if the traffic study did not support the conceptual improvements and reconfiguration. Mr. Peter Pensa, AICP with AVID Engineering Group (representative for the applicant) stated that the on-street parking was included on the conceptual plan to show how the development would work with the BCRA Master Plan. The on-street parking was not desired by the applicant and was not factored into the project s required parking. He indicated the planned interior and exterior access points for the site and described how a fence and more intense buffering would abut The Shire Mobile Home Park to the south. Retail, offices, restaurants, a hotel, and multi-family units were proposed for the site. Amenities would include a pool, dog park, and retention pond.

3 Page 3 of 10 Mr. Pensa noted that concerns regarding the historic flooding in the area were raised at the Citizen Participation Plan (CPP) meeting. He assured the board that the development would not exacerbate the existing drainage problems. Mr. Murphy conveyed that any drainage flow from the mobile home park to the subject site would need to be accommodated by the development. Mr. Pezzillo wanted to know how railroad noise would be mitigated. Mr. Pensa replied that a six-foot high perimeter wall would be constructed, but an eight-foot high wall would be preferred. Ms. Maragh asked if there were any additional concerns from the area residents, and she wanted to know if the site would have a bus stop. Mr. Pensa answered that the residents were concerned about affordable housing ; however, the multi-family units would be at market value. He said that bus stops could be placed in the rightof-way. The floor was opened for public comments. Mr. Matt Every (resident of The Shire Mobile Home Park) spoke against the request. He understood that the applicant was not responsible for fixing the existing drainage problems in the area, but he indicated that any assistance would be appreciated. The floor was closed for public comments, and there were no letters in the file. Motion by Ms. Maragh, seconded by Ms. Jordan to submit Case CU to City Council for approval of a conditional use to allow for a proposed multi-use development in a BMU, Bayfront Mixed Use District, subject to the staff report conditions. The motion carried with members voting as follows: Mr. Weinberg Mr. Stroderd Ms. Jordan Ms. Maragh Mr. Pezzillo Mr. Warner Mr. Woodrum City Council will hear Case CU on August 15, 2017.

4 Page 4 of 10 ADOPTION OF MINUTES: 1. Regular Meeting No Motion by Mr. Stroderd, seconded by Ms. Maragh to approve the minutes as presented. The motion carried with members voting unanimously. The board resumed consideration of items in the order that was set by the agenda. NEW BUSINESS: 1. CP WEST POINTE BABCOCK, LLC (STEPHEN BURCH, REP.) Case CP was discussed under Announcements, Item No CPZ WEST POINTE BABCOCK, LLC (STEPHEN BURCH, REP.) Case CPZ was discussed under Announcements, Item No CU PALM CITY INVESTMENTS, F.H., LLC (PETER PENSA, REP.) Case CU was discussed following Announcements. 4. CU CYPRESS BAY FARM, LLC (BENJAMIN E. JEFFERIES, REP.) Mr. Murphy presented the staff report for Case CU The applicant had requested a conditional use to allow a proposed mining and excavation operation. Staff was unable to find Case CU non-compliant with applicable codes. The board must determine if the request meets the criteria of Section and Section of the Code of Ordinances. Ms. Rochelle Lawandales, AICP with Cypress Bay Farm, LLC (applicant) stated that St. Johns River Water Management permits had been obtained for the development. She explained that the subject site was not a mine. The conditional use was needed to allow a stormwater pond to be dug prior to development of the site. The integrated regional water management system would serve the Interchange, St. Johns Heritage Parkway, and future improvements to Babcock Street NE. It would also allow for the sale of dirt from the site, and no rock would be excavated. A detailed analysis was within the staff report.

5 Page 5 of 10 Mr. Woodrum inquired about the depth and size of the proposed pond. Ms. Lawandales stated that the pond would be approximately 20-feet in depth and 14 to 15 acres in size. The floor was opened for public comments. Mr. Russell Martin (owner of property within the vicinity) spoke against the request. He was concerned that his land would also be excavated. Ms. Lawandales clarified that all digging would occur on the subject site. Mr. Jake Wise, P.E. of Construction Engineering Group, LLC (engineer for the project) stated that by state law, drainage from the development could not impact adjacent properties. He confirmed that the depth of the retention pond would be 20- feet deep. The floor was closed for public comments, and there were no letters in the file. Motion by Ms. Jordan, seconded by Mr. Stroderd to submit Case CU to City Council for approval of a conditional use request to allow a proposed mining and excavation operation. The motion carried with members voting unanimously. City Council will hear Case CU on August 15, PUD D. R. HORTON, INC. (JAKE WISE, REP.) Mr. Murphy presented the staff report for Case PUD The applicant had requested a Final Planned Unit Development (PUD) for a proposed single-family development called The Preserves of Stonebriar. Staff recommended Case PUD for approval, subject to the staff comments contained in the staff report. Ms. Maragh asked about the required tree survey. Mr. Murphy explained that staff wanted to superimpose a tree survey over the submitted plat to determine how trees would be impacted by the development and where trees could be saved. Mr. Jake Wise, P.E. of Construction Engineering Group, LLC (representative for the applicant) stated that the proposed development was the final residential phase of Bayside Lakes and had undergone multiple changes and approvals within the last three decades.

6 Page 6 of 10 Mr. Wise described how the subject development was located behind multiple constructed phases and would loop into the existing two roads. Residential units would be just over three units per acre; wetlands would be preserved; and green upland areas would serve as buffers. The roads would be built to City standards but maintained by the homeowners association. The project would hook into City utilities. He reminded the board that the development was originally approved at a higher density to include townhomes at ten units per acre. Ms. Maragh inquired whether the tree survey had been completed. Mr. Wise stated that the tree survey was being done; however, many trees were expected to be preserved within the large green areas. The floor was opened for public comments. Mr. Wayne Jesionowski (president of Fairway Crossings Homeowners Association) spoke against the request. He stated that Remington Green Drive SE belonged to Fairway Crossings and should not be utilized by the proposed development. Mr. Brian Teal (president of Fairway Isles Homeowners Association) spoke against the request. The subject proposal would impact Fairway Isle's view and privacy; onsite wildlife would be affected; and an existing power line would create a safety issue. Ms. Wynn Teal (resident of Fairway Isles) spoke against the request. She questioned whether a barrier wall would be erected between Fairway Isles and the proposed development, and if an environmental study would be done. Mr. Dennis Wills (resident at Ray Road SE) spoke against the request. He was concerned about present and future stormwater runoff into the Melbourne Tillman Water Control District Canal. In response to comments from the audience, Mr. Wise reiterated that the subject development had always been a part of the Bayside Lakes development plan as the final phase of both the Stonebriar and Fairway PUDs. He indicated the layout of the proposed single-family development; the preserve buffers that would remain; and the more recent and higher stormwater control standards that would be in place.

7 Page 7 of 10 Motion by Mr. Stroderd, seconded by Mr. Pezzillo to submit Case PUD to City Council for approval of a Final Planned Unit Development (PUD) for a proposed single-family development called The Preserves of Stonebriar, subject to staff s recommendations being met. The motion carried with members voting as follows: Mr. Weinberg Mr. Stroderd Ms. Jordan Ms. Maragh Mr. Pezzillo Mr. Warner Mr. Woodrum 6. PUD CHAPARRAL PROPERTIES, INC. (JAKE WISE, REP.) Mr. Murphy presented the staff report for Case PUD The applicant had requested a Final Planned Unit Development (PUD) for a proposed single-family and townhome development called Chaparral PUD. Staff recommended Case PUD for approval, subject to the staff comments contained in the staff report. Mr. Jake Wise, P.E. of Construction Engineering Group, LLC (representative for the applicant) indicated how the subject proposal was phase one of the overall Chaparral development. A traffic study had been done; the driveway access would be off Malabar Road and could warrant a traffic signal; and the development would utilize a stand-alone waste water lift station. He explained how an eastern berm, wooded area, and pond would act as a buffer for the adjacent residence. The floor was opened for public comments. Ms. Brenda Chrieki (officer of Phase 1 and Phase 2 Malabar Lakes West Homeowners Association) asked that a wall be erected to protect the neighborhood from dust during construction of the proposed development, and that the townhomes be eliminated or located further back. She believed the townhomes would increase area traffic. In response to comments from the audience, Mr. Wise remarked on how the townhomes would be placed to the south as far away as possible from the residential areas, and that the St. Johns Heritage Parkway and the future four-laning of Malabar Road would significantly change the area s traffic patterns.

8 Page 8 of 10 Ms. Maragh asked if the wall would be an option and whether the wildlife had been addressed. Mr. Wise explained how the trees would be preserved in the buffer areas, and that a wall would not be erected. He indicated that the project s impact on wildlife would occur during a future phase of the development and would be addressed at that time. Mr. Pezzillo noted that the roads for the project would connect into the overall Chaparral development. Mr. Wise indicated that this was correct. The main access road off Malabar Road would connect all phases of the development. The floor was closed for public comments, and there were no letters in the file. Motion by Ms. Jordan, seconded by Mr. Stroderd to submit Case PUD to City Council for approval of a Final Planned Unit Development (PUD) for a proposed single-family development called The Preserves of Stonebriar subject to staff s recommendations being met. The motion carried with members voting as follows: Mr. Weinberg Mr. Stroderd Ms. Jordan Ms. Maragh Mr. Pezzillo Mr. Warner Mr. Woodrum 7. CP CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT) Mr. Loring presented the staff report for Case CP The applicant had requested a small scale Comprehensive Plan Future Land Use Map amendment from Recreation and Open Space Use to Single Family Residential Use. Staff recommended Case CP for approval, pursuant to Chapter 163, Florida Statutes. The subject site was City surplus property. Ms. Maragh asked if the site was under contract. Mr. Loring confirmed that the property was under contract. The floor was opened for public comments.

9 Page 9 of 10 Ms. Rosa Gonzalez (resident at Craftsland Lane NE) spoke in support of the request. She stated that she was the potential buyer of the property. The site would be preserved with beautiful landscaping and fruit trees, and a fence would be the only structure on the property. The floor was closed for public comments, and there were no letters in the file. Motion by Mr. Stroderd, seconded by Ms. Maragh to submit Case CP to City Council for approval of a small scale Comprehensive Plan Future Land Use Map amendment from Recreation and Open Space Use to Single Family Residential Use. The motion carried with members voting as follows: Mr. Weinberg Mr. Stroderd Ms. Jordan Ms. Maragh Mr. Pezzillo Mr. Warner Mr. Woodrum 8. T CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT) Mr. Loring presented the staff report for Case T The applicant had requested a textual amendment to the Code of Ordinances, Title XVII, Land Development Code, Chapter 170: Construction Codes and Regulations, Sections and , in order to remove City regulations of docks and piers located within the Indian River, which are regulated by outside agencies. Staff recommended Case T for approval. Mr. Warner asked if the proposed amendment would pertain to both commercial and residential docks and piers. Mr. Loring stated that the amendment pertained to all docks and piers along the Indian River. Ms. Jordan questioned why staff did not strike the entire ordinance. Mr. Loring explained that there were other issues addressed by the ordinance. The floor was opened and closed for public comments; there were no comments from the audience, and there were no letters in the file.

10 Page 10 of 10 Motion by Mr. Stroderd, seconded by Ms. Jordan to submit Case T to City Council for approval of a textual amendment to the Code of Ordinances, Title VII, Traffic and Vehicles, Chapter 70: General Provisions, Section and to Title XVII, Land Development Code, Chapter 185: Zoning Code, Section , in order to update the provisions for parking commercial and recreational vehicles in residential areas and revise definitions for same within the applicable sections of the code. The motion carried with members voting unanimously. 9. T CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT) Case T was discussed under Announcements, Item No. 2. OTHER BUSINESS: Meetings would be scheduled for board members to meet one-on-one with Ms. Derek Burr, the new Growth Management Director. ADJOURNMENT: The meeting was adjourned at approximately 8:24 p.m. Philip Weinberg, CHAIRMAN Attest: Chandra Powell, SECRETARY Quasi-Judicial Proceeding. Indicates item was considered out of sequence.