County Commissioners acts as a quasi-judicial body when it hears requests for rezoning and conditional use permits. Applicants must provide competent, substantial evidence establishing facts or expert witness opinion testimony showing that the request meets the zoning code and comprehensive plan criteria. Opponents must also testify as to facts or provide expert testimony whether they like or dislike a request is not competent evidence. The board must then decide whether the evidence demonstrates consistency and compatibility with the comprehensive plan and the existing rules in the zoning ordinance, property adjacent to the property to be rezoned, and the actual development of the surrounding area. The board cannot consider speculation, non-expert opinion testimony, or poll the audience by asking those in favor or opposed to stand up or raise their hands. If a commissioner has had communications regarding a rezoning or conditional use permit request before the board, the commissioner must disclose the subject of the communication and the identity of the person, group, or entity with whom the communication took place before the board takes action on the request. Likewise, if a commissioner has made a site visit, inspection, or investigation, the commissioner must disclose that fact before the board takes action on the request. Each applicant is allowed a total of 15 minutes to present their request unless time is extended by majority vote of the board. The applicant may reserve any portion of the 15 minutes for rebuttal. Other speakers are allowed five minutes to speak. Speakers may not pass their time to someone else in order to give that person more time to speak. I'd like to recognize Bishop Merton Clark with Truth Revealed International Ministries to give us the invocation for today. It's good having you here, Bishop. I appreciate you. Thank you. Prayer is always appropriate. Father, we give you praise and thanks for this country, and we thank you for this moment in time, especially Brevard. We thank you for this moment for these representatives. From MECO to MIMS, we need representatives, Lord, that has godly counsel, wise counsel, speaking and sharing and advocating for the citizens of this county. And we would ask now that our time together would be fruitful. Thank you for a voice, but I thank you also for the honor of representing the unheard. And we pray now for wisdom, connectedness, that we will all grow, connect, feel a sense of belonging, and we will serve this county and your people. We ask this and match this thing that is above every name. Amen. Thank you, Bishop. Thank you. I'd like to ask everyone to rise for the Pledge of Allegiance to be led by Rob Feltner. I pledge allegiance to the United States of America, the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Okay, I'd like to officially call the meeting to order. Mr. Chair, may I make a motion to allow Commissioner Goodson to join us by phone? I'll second. There's a motion second to allow Commissioner Ferguson to join us by phone. All in favor say yay. Yay. Yay. Carries unanimously. Thank you. First item on the agenda is resolution awards and presentations. We don't have one. We have a consent agenda. This will be passed in one motion to include everything under section F. I make a motion to approve consent. Second. The motion is second. All in favor. I'm sorry, Mr. Chair, if I may, just point of order. For our zoning meetings, the board has adopted a policy stating that only matters directly related to land use can be on a zoning agenda unless a supermajority of the board decides that the matter is timely and should be heard that night. So can I just please entertain a vote of the board first to hear this motion? This wouldn't normally appear on your planning and zoning agenda, but because of the timing of the matter, it's important to go forward tonight. Can I make a motion to allow us to hear this item on this meeting tonight due to the timing issue with the appointee? Okay. There's a motion to hear this item of leisure board appointments at this zoning meeting. It does have to be an extra majority vote. Is there a second? Second. Second. All in favor say yay. Yay. Yay. Yay. Carries unanimously. Okay. Now I think we need... Thank you. A motion to appear. It's a motion on the consent item. Is there a second? Second. Second. A motion second on the consent item. Those in favor say yay. Yay. Yay. Okay. Genanimously. Thank you so much. We have public comments. Individuals may not speak. We have two public comment sections. We can only speak one or the other. And so this will be our first one. And do we have... I don't have any cards at this time. We don't have any cards. Okay. All right. Okay. We'll get to our public hearings. H1. Item H1 is Patricia and James Kent. Request a change of zoning classification from GU to AU under application 25Z-00045 located in District 1. You are recognized. Thank you. James Kent. My residence is 5090 Pine Street, Cocoa, Florida 32927. We wanted to improve the property and realized our zoning was GU. We requested that a zoning change to AU in order to improve the property. The property is just under 2.5 acres. It's 2.3 something acres. We've received a variance for that. So we're simply requesting a zoning change from GU to AU. Make a motion to approve. I'll second. Motion and a second to approve. All those in favor say yay. Yay. Carries unanimously. Thank you. Thank you. Appreciate it. Okay. Next item. H2. Item H2 and H3. I'm going to read into the record together. However, they'll need a separate motion. Cocoa Town Center LLC being represented by David Basford. Request a small scale comprehensive plan amendment under 26S.04 to change the future land use designation from CC to RES 15 under application 26 SS-00003 located in District 2 and Cocoa Town Center H3, Cocoa Town Center LLC. Request a change of zoning classification from BU 1 to RU 215 under application 26Z-0001 located in District 2. Okay. Good evening. David Basford, MBV Engineering, 1250 West O'Galley Boulevard. I have a fairly lengthy presentation, but I'm going to forego that and save that for questions if you got them. Okay. Sounds good. I think that is the only card we have. Okay. So, what's the will of the board? Commissioner Goodson, we are turning to you on this item. Do you have any recommendations or input? I just thought it was better than mine. Was that a motion to approve the requested small scale comprehensive plan amendment? Commissioner Goodson? Yes. Yes. Yes, sir. I'll second. There's a motion and a second for the small plan amendment. All in favor, say yay. Yay. Yay. Yay. Carries unanimously. Okay. Next item would be H3 motion on the zoning, I believe. Is there a motion on the rezoning request, the related rezoning request, Commissioner Goodson? Yes. I'd like you to make a motion. You're changing the BU 1 to RU 2 for 15. There's a second on the motion. All in favor, say yay. Yay. Opposed? Carries unanimously. Thank you so much. Thank you. Madam Clerk, were you able to hear that? Thank you. H4. Item H4 and H5 are companion applications. I'll read them into the record together. However, they'll need a separate motion. Sammy and Violet Salib, being represented by Carmine Ferraro, request a small scale comprehensive plan amendment under 26S.05 to change the future land use designation from NC and Res 2 to CC under application 26SS-00005 located in District 1. And Sammy and Violet Salib, again being represented by Carmine Ferraro, request a change of zoning classification from AU to B1 under application 26S-00005 located in District 1. And Mr. Chair, if I may, a little housekeeping on this one. There was a discrepancy in the staff report on in your packet page 212 and 215 regarding the availability of utility services. There is availability of utility services on this. The write-up on page 212 is the correct one. Also, there is a BDP that was submitted as well, submitted by the applicant. The BDP states that he will provide a 15-foot vegetative buffer along the northern and eastern boundaries of the subject property. Additionally, the developer says he will locate the stormwater retention pond within the northeastern portion of the subject property. Goes on to state in the BDP that the following uses shall be restricted as non-permitted in B1 zoning, automobile sales and storage, bait and tackle shop, billard's room and electric arcades, group homes, both level 1 and level 2, non-overnight commercial parking, gasoline service station. PNZ recommended denial and the applicant submitted a non-binding conceptual plan on 7-31, July 31st, after the planning and zoning meeting, which actually depicts a 50-foot natural and planted landscape buffer with a dry retention pond on the northeast portion of the property. Thank you. Okay. Let's first hear from the applicant, Carmine Ferraro. Can I say that right? Ferraro, you got it. Ferraro. No relation to Geraldine. Okay, no. Good evening, commissioners. My name is Carmine Ferraro, crossover commercial group, 4265 Couture Road. I am here on behalf of the property owner as applicant for the plus minus seven acres located on the northeast corner of U.S. Highway 1 and Lionel Road. We are seeking a recommendation of approval for a future land use change for these two reference tracks. As noted, the current flu for the front track, which fronts U.S. Highway 1 as neighborhood commercial, with the adjoining track, which abuts it to the east, is residential 2. As part of this action, we are also seeing seeking to have both tracks rezoned to BU 1. I would note, as you probably have in your package, the property to the immediate south has a Dollar General with a CC community commercial flu designation and a BU 1 zoning. The intersection tracks north and south of the subject property are a mix of CC and neighborhood commercial. Two of the four corners at the intersection are CC, including a 10-unit motel directly across from the property on the west side of U.S. Highway 1. The zoning is also a mixture of BU 1 and BU 2 zoning. The zoning category we are seeking is the lesser commercial category of BU 1, which will allow for the targeted uses at this U.S. Highway 1 intersection. The binding development plan that was mentioned we are offering originally did not include a gas service gas station. As we received a unanimous recommendation of denial at the LPA and the PNZ hearing, there was a considerable amount of opposition from the local residents and it centered on the intended marketing and use of the gas station. Having spoken with the owner, he's since agreed to add as a prohibited use, no gas station, no gas service station. Additionally, as was mentioned, we came into the PNZ and the LPA meeting with a offer of a binding development plan. We have since taken the eastern boundary, increased it to 50 feet, and the northern boundary increased to 50 feet as well. So when you look at the residences that are on the north side, there will be a 50-foot natural vegetative landscape buffer there, and there will additionally be on the north side the retention pond location, which will bring that buffering and distance to roughly 135 feet from the residences. On the east side, we notated on our concept plan that it appears that the property is being used as some type of a, possibly a storage or a workshop, but even though there isn't a house there, it is zone residential, we are offering the 50-foot buffer along the entire east side. The intent is that we would be able to have a marketable plat property with these three lofts so that my owner can go ahead and sell the property for its highest and best use value. Since we started this preparation of the second process, we've actually had some other interest in the property unrelated to gas stations. So we believe that there is a good marketability here on the corner for local commercial and or service businesses. So with that, I'm going to go ahead and leave the rest of my time for rebuttal after the public has spoken, unless you have any questions of me. Yeah, we have one question. So the buffers, the natural buffers that you're leaving, or that you're going to have there, are those left trees that are already there that you're leaving, or are you going to take them down, put something else? So the intent is to leave as many of the natural specimen trees in place, we'll remove the noxious vegetation, and then we will plant our landscape buffer for the site plan from that point going back to create additional buffering. Okay, any other questions? First, next speaker is Billy Goldenridge. Condridge. Condridge. Yes, sir. I'm the one that owns the property next to that. Now let's go over a couple of things. I spent $165,000 buying that property. I spent another $30,000 just to get power into that, and it went in yesterday. I spent another $2,500 for water. That's just for the meter. I spent another $1,500, $2,000 just to run the water line. I built a metal building out there for about $75,000. I got $30,000 worth of equipment in it and another $30,000 in an RV so I could stay there while my house is being built. I would never, ever have bought that property if I knew a gas station or whatever kind of commercial property is going to go in there. I bought it because I knew next door's AU. I had a buffer. I don't want a commercial job or a commercial building next to me, not even with a 50-foot buffer or a 500-foot buffer. I bought it because it was zoned AU. I bought it because the property next to it was zoned AU. Now you're changing the rules. This guy wants to change the rules. I don't want the rules changed. I got a lot of money invested in this. I want to live my dream out there in rural country and live the way I would like to live, private and secure. Now that commercialism, I understand. The property in front of it's zoned what? Commercial, correct? Two and a half acres, 2.3 acres or whatever. That's fine. You can put whatever you want out there. I don't care. But don't put it next to me and a 50-foot buffer's a joke. It's a joke. I'll still see a light shining in my property in my bedroom or on the side of my house at midnight. There's going to be more people coming out there. I don't want more people out there because that brings crime. It brings undesirables. I don't want them. Dollar General is the problem as it is out there. You ever drive by there and look at the trash on the side of the road? No, I'm adamantly against this. Adamantly. And those are my words. Yes. Yeah, we have a question. Sir, do you live off of Highway 1 or are you off of Lionel? Lionel. Lionel. Thank you. 3660, right next door to it. And I can tell you right there, right now, he wants to put a buffer in it. That's a joke. All right? If you have a question, I'll answer any question you'd like. All right. Thank you. Thank you. John Hamilton. Evening, y'all. My main issue was the gas station. I got a notice that we were 500 foot within the boundaries of that, and that scared me. Our water system up there is very fragile. We had, several years back, wells put in north of Mims and Scottsmoor. That actually put bacteria in all of our wells. I had to put a $5,000 system to clean that, and I didn't want the gas. But you're saying you're getting rid of the gas part of it? Yes, sir. I'm okay with that. I don't mind a business on the front end by US-1. But as the gentleman said, he doesn't want the business right next to his house. I live just behind him north on Dunlap Road. So it's just a matter of, you keep the gas stations out. We've got, from there, you can go north or south, and it's less than five minutes to any gas station. So we don't need that. Any questions for me? Thank you. Okay. Arthur. Okay. Arthur. Hi. My name's Art Grunenfelder. And basically, my main concern, one of my main concerns is, I don't know who would come up with putting a, anything within 500 feet of Pinewood Elementary School, where there's kids walking back and forth to school. And, you know, they're going to get hit. This is dangerous. And the people that are going to be at this place, they're people that's going to trash the area. Well, they were already trashing the area. And the, by the way, the Dollar General that's there now, that's always been commercial. My brother-in-law, Billy Bellflower, owned it. He sold it to them. So it's always been commercial. It used to be a bar. And so basically, putting anything commercial there, that far back into that, and the lights and everything, very, very, very bad idea. This is stupid. Who is, who is district one commissioner now? You're acting till there's election? And those elections are coming up soon? Oh, okay. That's good to know. That's the only thing I can say. Basically, this, oh, I just came from there, my house. I'm 3555 Lionel Road. And it took me a little longer to get out, get here because of school's out. And you got to watch out for the little kids. And down, going down Old Dixie, is that Old Dixie? Yeah. Old Dixie, there's cars parked out there in the road, all the way down. They're coming to pick up their kids from Pinewood. And this is going to add to the disaster. And like I said, I don't know who comes up with this, but it's a very, very bad idea. And if it means that we need to get a signatures or something, just let us know. Something that says we don't want this, just let us know. We'll be glad to work with you guys. Just tell us what to do. All right, we will. Okay. Laura Miller. Hello. Good evening. My name is Laura. And I live on Lionel. I just moved there recently. Lionel, we moved there from Titusville, actually, from a really congested area in Titusville that was known for a lot of drug activity. So when I found the property on Lionel, we bought for $750,000 a property on Lionel, on 10 acres for my four young boys. They're under six years old, and they go to Pinewood. I was so excited to buy this property, so excited. I was living on cloud nine for the first few months, but then when I saw the sign up that there was going to be a development like this, I was completely shattered. I had envisioned my boys that play outside. We're a very low-tech house. We don't have a TV in the house, and I envisioned them playing outside. And the thought of that now has been kind of destroyed to think about such a high traffic area, especially my kids will be going to Pinewood. And I, too, am nervous about the traffic, about the people that are going to be coming so near a school. We've already seen how the development does change a road. Since the Dollar General's bill, the traffic has increased. My neighbor, his brother is a cop, and he actually has to call his brother in sometimes to sit there at the end of his road with a radar because the cars go down the road so fast. We see it every day. My kids are outside almost all day every day. They're outside boys. I got poison ivy all over my face because I was cleaning my beautiful property. And I'm just very disappointed to hear about this potential expansion. My concern is that we're not just talking about one subject thing. We're talking about a rezoning, which would allow a lot of different commercial uses. It's a wide range of commercial use, not just something specific. And there is no specific proposal as far as I know. So we don't even know what this is. This is just a broad, it'd be a broad rezone. And then from there, it would just be whatever they wanted to build. So I respectfully ask you to please consider the long-term character of the road, of the quiet rural area that Lionel has always been. Once a commercial zoning has been granted, it is very difficult to reverse. I hope that Lionel can stay the quiet community that we had moved to. Thank you so much. Thank you. Caitlin Kirshner. I was planning on saying whatever my sister said. How does this go to start speaking? I just bought the house on 3650 Lionel Road. My dad lives right beside me. My sister lives right in front of me. I do not want to deal with a gas station on my new street that I get to live on with my son. I worry about traffic and the safety. And my nephew says safety that lives right behind me. I don't want to worry about no strangers coming up and down Lionel Road. That's really my main concerns. Whatever my sister says, Brooke, more, is what I want to say to you. So that's it. Thank you. Thank you. Sam Kirshner. Yes, James. I said Sam. I better put my glasses on so I can read these names. James Kirshner. Thank you. How y'all doing today? Good. I am probably one of the longest residents on Lionel Road. I've been on Lionel Road since 1976. My parents bought, built the house at 3620. I currently live at 3630. My daughter just bought the house next door to me and behind her is Brooke Moore, my other daughter that lives at 3650, 40. Caitlin's at 50. So I've got my own little compound there that I've grew up and had my kids go to school there at Pinewood. I've seen a lot that goes on Lionel Road and it has turned into a drag strip. It's a long, straight road. With the school being there, that's always been a concern of ours. We are all on wells up there in that north end. Sewer, I talked to the county sewer department and they said, you know, it's at least eight to twelve million dollars to run a sewer line up there. We already have restrictions on septic tanks. We already have the septic tanks that need to be redone with the new systems coming up from a certain area east. So I think adding a gas station there with the traffic, with all the kids going in and out of school, my grandsons in particular, is not a safe project. I think there could be better use for that. More residents would love to see more residential kids move in. So these kids have somebody to play with after school hours. So I am just totally against a gas station going in there at the corner of Lionel. It's zoned residential. It's already zoned a certain way. It doesn't need to be changed. Thank you. Thank you. Is it Brooker Kirshner? Brooks Kirshner. Hello. Let me get my phone up. So my name is Brooke Moore. I used to be Kirshner. I live at 3640 Lionel Road. My property is within 500 feet of where the suspected gas station is going to go. A couple of things that I just wanted to point out just from stuff that I researched within 5.2 miles of my house and where the gas station is wanting to be put in. There's seven gas stations in that 5.2 mile radius. So I'm all for things to come that is going to benefit the community. I just don't think a gas station right there is it. We had a very long discussion the last meeting with the zoning regarding the water quality if the gas station is put in place. And that ultimately is my main concern. You know, I don't have an option to get water anywhere else except the ground. So having a gas station that is going to be within 500 feet of my property, the chemicals, the grime, the gas, just from the tarantula downpour, everything's going to be seeping into the ground. And that is obviously a huge concern for me and my family and the water quality because I don't have any other option. That really is my the main thing that I am worried about. The second thing is definitely going to be the safety. I've lived on Lionel for 30 years and I have noticed a very large increase in the crime and just the traffic at the dollar store. There's cops up there all the time. There's riffraff. There's, you know, people riding up and down really fast. And when school is in session between the buses, the afterschool vehicles, the cars, everything comes onto Lionel. So I am really concerned about that. And I don't know where the plan is for how they want to enter if they put this gas station, but if it's turned onto Lionel, that obviously is super concerning, especially for the people that live through Coalhaven because the constant in and out and onto, you know, we don't have a light or anything there. Another thing that I wanted to make note of is if this was a couple streets up and the only option for them was to use a sector or to use a well for source, I didn't even know if that would be something that can be up for discussion because to my understanding, everything to us north and east, houses can't get built because of the septic issue right now. You know, we want to protect the Indian River Lagoon. So if we put this there, what happens to that? As well as the flooding, I know flooding is a big discussion here in the last five years. The street above me and even to the north of the Coalhaven, all of that already floods. So if the gas station gets put in, yes, you can put as many, you know, dry ponds and everything like that, but what's going to happen to those neighborhoods that are directly behind where this gas station is, me and my neighbors that are to the east of it? So that is a really big concern. But again, I'm not saying there can't come be some sort of agreement between the owners and the representative of the property. You know, I'm not saying don't build anything at all. I understand they're going to want to sell the property. They've had it for 35 years. I'm sure they want to do something with it, but I just want to come to some sort of middle ground where it doesn't have to be a gas station because again, I just, I don't have any option where I can get my water. So that really is my, my big concern for me and my family. So I walk every day. I walk every morning with my son. I'm going to be taking my nephew to school. I know there's plenty of kids that live down on Lionel. I love, you know, I grew up walking up and down Lionel and playing and at the public library. And I just don't want that to end because I don't feel safe enough with the gas station and the dollar store and everything else going in. So that's that. Thank you. Thank you so much. Donna McCone. Good afternoon, commissioners, manager. I'm here to talk about the same project, obviously, and to maybe give some of you an idea who don't know that part of the county as well, what it is like. We are residential with properties now, mostly more than an acre. It's been rural. When my family came here in the sixties, you didn't want to even drive to Mims. There were no trap stoplights. There was no anything. We've seen progress and we've appreciated progress. It's happened. It's been good. We're not saying don't do anything ever. But what we are saying is that abide by the plan that said that Mims stays rural. Commercial properties were meant to serve our community, not the general public that's going to be going up and down U.S. 1. We had no objection to the family dollar store. It's the modern version of the corner market. When we did have concerns, the company put fresh produce into the market, which serves our community. We're very much in favor of things that serve our community. We don't want to have to be, you know, stuck out without any public contact. However, another issue to be addressed, aside from the septic, which you've been hearing a lot about, and the flooding, which is considerable in our neighborhood, and with projects that you'll know about, Rita, some where the rails to trails culverts need to be redone at the county expense, and they haven't been for years. So to approve a project on a property that contains a casement for the aquifer on the backside of the property, to approve something that could impact, again, we're all on wells. We don't have a choice to be on county water. We just feel like this project, one where 60 percent, according to EPA figures, of gas station holding tanks, underground holding tanks, have had at least one leakage issue over their lifetime. So imagine the gas leaking into the ground that's going to eventually get to our aquifer, and all of the wells in the area will be impacted. Sixty percent, that's a big number. And while we're not saying that anybody is going to take any shortcuts, it's just an industry standard that we can't affect. There's nothing we can do about that. It happens. So I really hope that you'll consider this issue, in addition to all the other ones that my neighbors have brought up. But I want to thank you for your time, and thank you for your consideration, and for the studies done on this property. They were very extensive, and we really appreciate it. Thank you. Thank you. Mickey Reeves. Hi, I live on 3550 Lionel Road, right down the street from the other ones. It's the only time we ever see each other, because we have, we do live in a rural area, and we all moved there because it was a rural area. I've lived there for over 40 years. I like the country. I like living in quiet and peace. Lionel Road has gotten busier and busier. It's not too busy where we still can't enjoy our rural area. Like she said, the dollar store, I was like, died when it was first coming in. I have to admit, I go there a lot. However, there are a lot of police. There are a lot of whatever goes on there. I don't know. I visit it frequently. I haven't seen no problems. There is a lot of trash caused from there, and it is my understanding that if there is a commercial property zoned, that I don't know. I'm still confused on what they're going to put in now. I know that they're not going to put the gas station in. They said that that has been taken away, but once you change it to commercial, you can put basically anything you want to, is what I understand. I might be incorrect. This is what I've been told. So whatever goes in there, I don't know. We don't know. They can change it to whatever you want. Pinewood, like you have heard many, many times has been there. It's been there for a long time. I love Pinewood. I love to hear it. My kids went there. My grandbabies go there, and it's a great place. I just like kids, and it's a good thing there. But I think that more commercial property in that particular corner and MIMS is just the wrong thing to do, especially, like they said, the traffic. I go every work in the morning, and tomorrow is going to be my last peaceful day that I will be able to go to work and get there 10 minutes or 15 minutes earlier because of school starting up, which that's okay. But once a commercial building is in there and other things happen, I have no idea what they could possibly put in there. You know, like the dollar store helps the community. We all go there. We all purchase things. But we don't know what's going to go there. And it could be a bar. It could be a strip club. It could be, I don't know. And that's what's concerning to me along with Pinewood with there's no sidewalks there. And the biggest thing is we've all moved there for a rural area, and it's just getting more congested with more commercial buildings. And I will have to say that he sold the property to this gentleman right beside it. I think Mr. Saliba is the same one that sold the guy the property that bought the house that wanted to live in the rural area. And now he's selling it to and wanting to be have commercial property for there. But thank you for listening to us. Thank you. James Bergeron. How are we doing? I live at 4865 Meadowgreen Road. That's a little ways up from here. But I hear this stuff when I come in here and I really don't like it. And I'll tell you why I don't like it. I hear that they're opposed to the gas station because a person wants to sell their property for maximum profit and potentially, you know, gain the maximum profit so they can live out their days happy. Okay. No problem with that. That's a free enterprise system. Make money. That's what we're all about. Okay. They come up here and they say that they don't want a gas station. However, we only have the two and the two that are local to us like to price gouge the shit out of us. First and foremost, second off, it may create a little bit of competition, drive the price down in our area a little bit. And the one that says specifically, he spends thousands of dollars on this and this and this. Well, you should have opened up your pockets a little bit wider and bought the property beside you if you didn't like the idea of a gas station. Now, next of all, let's face facts about the guy that said that he would support anything but a gas station. So that leaves us with pawn shops, liquor stores, crack houses, gun shops. You know, there are so many other things. Peep shows, titty bars, you know, you name it. But God damn it, they don't want a damn gas station. That makes absolutely no sense. Pick the lesser of the evils, people. It's not hurting anybody. And as far as the undesirables they talk about, God forbid that some of the teenagers up here actually have a place to fucking work. Okay, that's our last card. Okay, yes. Commissioner Pritchard? Thank you, sir. Thank you guys for coming out and communicating with us. Quick question. What, because he's wanting to zone a BU-1, what type of businesses can go on a BU-1? Typical businesses in BU-1 would include things like hobby shops, convenience stores, cafeterias, barbershops, bed and breakfasts, automobile washing, bait and tackle shops, things of that nature. I understand the applicant is looking to restrict certain uses, the more restrictive uses out of that. Okay, because I saw that he, there's a lot of BU-2s, but he went with the BU-1, which is a little bit better. Could you, may I? Absolutely. So, yeah, I'm really glad you're not doing the gas station. The only reason is, again, I think they're good businesses, but I am concerned about the water situation up in Mims, too, and I would love to be able to get full water and sewer out there, but we're going to have to have a lot more businesses and a lot more residents come to be able to afford all those connection lines. So, there is a lot of community commercial already surrounding this area. It's on US-1, and so some type of small business up there that helps serve the community does fit, but for us to consider this, because I like, too, that you're going with the BU-1 and not a BU-2, because there's BU-2s all over the place, too, so it's a less, it just makes the business a little bit smaller, but I think the binding development plan will have to be in place, if you're agreeable to it. I think that, I like that you're considering a natural buffer, but I really want you to leave that whole buffer alone so it stays intact. That's a nice vegetative buffer there, and it's already grown up, so it's going to give a little more restriction as far as complicating the neighbors, and I think you're putting the pond on that side that the neighbors are next to as well, right? So, that's going to make it a nice buffer into the north. My other request is going to be is that we exit into this business only on and off of US-1. US-1's already busy, and there's a lot of businesses going up and down here, and so if we do that, I think you actually could make this a very nice business for the neighbors, but I really would like to if we could restrict the access on the Lionel Road so that they're not impacted in the neighborhoods. I think it makes sense to have the access on US-1, in and out access on US-1. We probably will have to comply with whatever, I don't know if DOT gets involved. You've got a lot of work, a lot of hoops to jump through. Whatever we have to do, we can definitely locate the access. The area up there is having a lot more problems with water runoff. We've been having that for the last few years, but I do know when you do this, natural resource is going to make you build something to contain your own water runoff, so that's actually going to help a lot of the flooding situations in the area. So, that's not necessarily... Yeah, because vacant properties flood, right, because of the natural topography and everything, but a site plan-developed engineer property will contain all its water runoff. They're going to make you do a little extra, which is another bonus when we do this. So, if you're willing to do it with the BDP, I'm willing to go ahead and approve this, as long as the BDP, that we're not putting the gas station in right now, because I think that is a little bit of an underground water situation. We've added that to the restricted use, so there will be no gas station. All right. I have one question, if I may. So, the neighbor to the east bought his property next to AU. Right? Correct. And now we're talking about changing it. Is there anything that you can do to help him not be so uncomfortable with having a 50-foot buffer and lights from a commercial property, or can you make that buffer bigger? Can we do anything to help? I mean, he bought next to AU. The natural layout of that property, when you look at those three lots, the actual building in the back, it's not going to be a huge building, because we've already carved out the frontage to be the majority of the corner site and then the site directly to the north. So, there could be maybe some restriction as to size of building, if we needed to get into that. I mean, I can't imagine it being more than 5,000 square feet. It's going to be conducive to a campus-style, retail, professional, service-type business. It's the dog groomer, like you said, the barbershop. I don't know if there are barbershops anymore, the hair salon, CPA office, different types of uses that would serve the community. We also, and I can't say it will happen, but we've had some conversations with urgent care facility developers that look at that area that might be interested in doing some type of an urgent care facility, if that would be, I don't know if that's permitted under the zoning or not. You don't have to answer that right now. But the idea would be that we could limit that. So, my question is, a 50-foot buffer, is that enough to make sure that this gentleman doesn't have to deal with lights? I'm asking, can you do anything for him? 50 feet is a lot. They're going to put a pond in, too, so it's actually going to be bigger than the 50. Yeah. On the east side? It's all on the east side. Yes. Yeah. Yes. Okay. So, that's, it's, it's, it's, and maybe, maybe, maybe, maybe as well, if you guys do signage, you're going to keep it close as you can to the road so it's not disturbing. We could make sure that all, because signage would do no value to anybody in the back, we can make sure all signage is along U.S. Highway 1. Okay. Okay. Yes. Okay. And also lighting. We had some questions about lighting. There will be no lighting in the back of the property. There's only going to be lighting around the buildings. Okay. All right. Commissioner Feltner? I think I heard mention of a BDP, right? Yes. Okay. So, one of the things we did on a, on a property in, in my district, kind of a similar situation, and, um, U.S. 1 and, and close to, um, post down, down that way, um, noise. I'm, I'm one of the people affected by noise. I'm very empathetic towards neighbors and noise, and, and I, I aspire to live in a place like what they have where it's quiet. So, to that end, uh, we had, uh, put something in place where there wouldn't be commercial deliveries after 9 p.m. and not before, like, 6 a.m. Is that, is that something? Very reasonable. That's something that. Oh, absolutely. You know, when you're talking about these other businesses, I think now I'm understanding a strip mall. Is that, is that fair? There's going to be a six unit. Not a strip mall. There's going to be suites. Separate buildings. Separate buildings? Yeah, three separate small buildings on each lot. Okay. I see. But, I mean, they're going to have two or three dumpsters behind it. Potentially there could be a dumpster behind each building. But, if it's a commercial business, they're going to have delivery trucks come and, you know, those kinds of things. So, it's not lost on me that you've got a quiet neighborhood out there and, um, I don't want to introduce more, more noise to it. So. That is reasonable and we will put that in the binding development plan. Yes. Clerk's office, do you have all these items we want to put in the BDP? Okay. Thank you. Do you want to need to do anything different with that motion with the BDP? Restate the items in the BDP? I think that'll be helpful. Okay. So, on item H5, I want to make a motion to go ahead and make the change. Before you do that, I do have a question. Oh, I'm so sorry. I'm so sorry. That's okay. I was looking for the map. I noticed when you're up in this part of the county and on US-1, there's a, there's a delineation line back, back off of US-1 where it limits the depth of commercial that's allowed and this back parcel, large parcel seems to exceed that line and encroaches commercial deeper into the neighborhoods. Was that considered? I mean, that, I know it's in staff comments. Yes, Commissioner. That, that is why the, um, the small scale, uh, amendment is needed because the, the NC currently is that strip closer to US-1, the Res-2 designation is on the eastern portion. So, that is why that, uh, land use designation change is being requested from NC and Res-2 to CC, or at least that's part, the back part. That Res-2 portion is what's being requested to change to CC. That makes sense. All right. Thank you. Okay. Any other discussion? I'm sorry? Could you explain that just a little bit better? The last comment? Yes. Maybe explain in a little more detail. So, uh, in addition to zoning, their comprehensive plan, uh, lets, sets out future land use designations, uh, and only compatible zonings can go in those land use designations. So, in this case, the current land use designations are neighborhood commercial, what I said, NC, and Res-2, which is a residential land use classification. One of the things that the applicant is requesting is a change from, to community commercial on the entire parcel, CC, which is compatible with, uh, BU-1. Okay. All right. Okay. Uh, any other questions? Yes. Commissioner Feldman. I'm sorry, sir. If, if I could just ask, um, just a clarification. If, um, if H-4, um, didn't, didn't prevail, what, what would that do with H-5? H-5 could not be approved without H-4 being approved. That land use designation must be changed to consider BU-1. So, they, if, if they didn't get that, then they would have to reconsider what, um, zoning, uh, potential change that they would do in the, in the future. That's correct. Right, they'd have to go back and, okay, thank you. Okay. All right. I think those are all the questions that we have. No. No. So, you're basically telling us, the people that live there, we don't have a setting? We, that's what we had, the public comment we gave. It doesn't sound like that you're listening to them. Well, we haven't, we haven't made a decision yet. You're destroying our property. Why? Everyone had five minutes to speak, and we spent, what, 30 minutes? It's not that we're not listening. Well, he's had more than five. I'm sorry. I'm sorry, but. And he can speak again. He's the, he's the applicant. And we live there. Okay. This is our homes. There's a school right there. Oh, my God. Give us opportunity to deliberate on this. We haven't even. That doesn't sound like Rita's doing a too good job. Well, I'm, I'm going to have to rule you out. So, please let us deliberate a little bit on this. And I'll. And then we walk out of here living with your decision. We live there. This is our lives. What the hell's that got to do with the price? I'm going to, I'm going to, I'm going to. Okay. Any more? I don't know. I'm not in. Do you think it's valuable? And if you have questions. Okay. Let's go back to, we were in deliberation. We have procedures that we, we must follow. And we give five minutes per speaker. That gives the opportunity. We give 15 minutes for the applicant. There is some time left in the applicant's presentation. He would like, I think, maybe answer some of the questions. I just had some questions with people that are going to put a house right here. And this is on the east side. And actually, we can go ahead and increase that buffer to 100 feet. And, and I don't think it's going to impact the development based on the size of building that's going to be there. So if that helps you, we'll increase the east buffer to 100 feet. Okay. The eastern. Yeah. All right. Okay. All right. Now, we'll bring it back to the board for discussion. I don't have any further questions. No questions. Anyone have any questions? Okay. What's the will of the board? I'd like to make a motion, sir, on H4 to make the changing to the community commercial with the binding development. Is this on the next, this one or the next one? On the next one. Okay. So I'd like to make the motion first to change it from NC to residential two and community commercial. Okay. Any debate? Any debate on that? I second. There's a motion and a second. And the future land use amendment, just so it won't be, I will vote against the motion. So all in favor of the motion, say yay. Yay. Opposed, nay. Nay. We didn't get Mr. Goodson. 4-1. I think passes 4-1. Okay. Commissioner Goodson, did we hear your vote, sir? Yes. Well, we didn't. It was for it. He's for it. Okay. You're a yes. Okay. I'd like to take a motion to approve H-5 from AU to BU-1 with the binding development plan. County attorney, you said you would read this because you found some more stipulations we're going to place on this as well. Yes, ma'am. I'll try to get everything that came up. The binding development plan that was submitted by the applicant already agrees to prohibiting the following BU-1 uses, automotive sales and storage, bait and tackle shop, billiards room, and electronic arcades, group homes, level one, two, non-overnight commercial parkings, an overnight commercial parking, and no gasoline service station. The applicant has just agreed to a 50-foot vegetative buffer along the eastern- A hundred. I'm sorry, a hundred. I'm sorry, a hundred along the eastern and 50 along the northern boundary of the property with the detention pond to be placed on the northeastern portion at the back of the property. I heard no deliveries after 9 p.m. and before 6 a.m. What else, Commissioner? I know there was some- Oh, the driveway access only on US-1. Yes. Was there anything else? Signage, I believe. Signage. Signage all along the frontage on US-1. And that's everything I have, and then some. And you guys are agreeable to that? How about little boys fishing in your pond once in a while? It's a dry pond, but- Okay. So, along with the BDP, I make a motion to approve the request. Okay. Is the motion to approve the second? I'll second. Second? Any discussion or debate? All in favor, say yay. Yay. Yay. Nay? Nay. Passes 4-1. Okay. Thank you. All right. That moves us to H-6. Item H-6 is Anthony Falanga. Request a change of zoning classification from AU to RR1 under application 26Z-00017, located in District 2. Okay. Anthony Falanga. Really appreciate you. My name is Anthony Falanga. I live at 4365 Piaget Street, Cocoa, Florida, 32927. Um, I'm just looking to get a rural residential zoning on a two-acre parcel that I have in North Maryland that is no longer, I always mess up the word, conforming. It doesn't meet the minimum acreage requirement. In order to have agricultural property, it has to be two and a half. Um, quick history, um, the house directly in front of that two-acre parcel, I built, uh, with my girlfriend and life partner and what we had done because we wanted our privacy is we purchased the surrounding properties, which includes the one in question. Unfortunately, literally a month before, this is very hard for me, um, a month before we moved in or got the CO to move in the house, I lost her to cancer. Um, I lived in the house for almost a year and I just couldn't do it and I sold. It was the biggest mistake of my life because that was our retirement home. After that, I decided I wanted to move back. So I went to the county to find out about getting a permit for that property. When I first went into the county, they recommended, because I did have access to Courtney, a variance from Courtney to the property. Um, unfortunately, somewhere in that time frame, my mother got Alzheimer's and policy changed. Policy changed. I went back. I was politely told that the variance, Bill could try for it, would most likely not get approved. So what should I do? They suggested that I get that property conforming, rezone it to rural residential, and that's what I'm here for today. That's the first step to hopefully getting the access from Courtney, okay, to the property so I can get a building permit. Now that said, the road that the property is on is called Karoo Place. Karoo Place at one time had access, okay, it is a private road, but it had access and from what I understand was permittable. But when the nursery, I guess it was a nursery at one time where the ag user sold the property, I think he broke it into three parcels and gave it to his family, and that's when he made it non-conforming. There was still access to the property on the road that was there. However, I was told by the county, and we went all the way back to Microfish, and they were wonderful. I mean, they were there every step of the way. We looked and looked and looked to try to find an access so we didn't have to go from Courtney. And basically, it was determined that over the years, things fell through the cracks, and there are way too many easements on Karoo Place to allow it to handle another building permit. So, as far as I know right now, that's my option, and that's why I'm here. I'm just hoping to get the property zone from agricultural to rural residential so I can come back across my other piece of property, get access to the rural residential for a building permit. Any questions? Okay. Questions? We do have at least one more card. Rose Plummer? Good evening, Commissioners. My name is Rose Plummer. I'm here representing the North Merritt Island Homeowners Association. With respect to the request 2600017, the North Merritt Island Homeowners Association Board does not oppose the proposed zoning change from AU to RR1. The requested RR1 zoning designation is consistent with the existing character pattern and surrounding land uses in the area, and therefore does not raise compatibility issues or precedent concerns identified previously. Thank you. Thank you. Those are all our cards. What's the desire of the board? Chairman, I'd like to make a motion for approval, please. I'll second. It's a motion and a second for approval. Any debate? All in favor, say yay. Yay. Yay. Carries unanimously. Thank you. Next item, H7. Item H7 and H8, I'll read into the record together. However, they'll need a separate motion. BT Roads LLC, being represented by Kelly DeMonaco, request a small-scale comprehensive plan amendment under 26S.06 to change the future land use designation from Res. 6 to CC under Application 26SS00006, located in District 5. Item H8, BT Roads LLC, request a change of zoning classification from BU1A and AU to BU2 under Application 26Z-00020, located in District 5. Planning and zoning recommended approval with a BDP limiting the uses to those listed in the applicant's handout at the day of the meeting, which included all permitted, permitted with conditions and conditional uses under the BU1 zoning classification, shall be retained together with the selected permitted and permitted with condition uses in BU2 zoning classifications, which are permitted uses, dry cleaning and laundry pickup stations, feed and hay for animals and livestock, glass installation, plumbing and electrical shops, testing laboratories, welding, repair, and wholesale sales rooms and storage rooms. Use is permitted with conditions include building materials and supplies, commercial entertainment and amusement enterprises, small-scale contractors' offices, plants and storage yards, existing business proposed for expansion, that's the use that they're using, garage and mechanical services, service stations for automotive service, automotive vehicles, and U-Haul services, services and warehouses. Thank you. Okay, we have a card, Kelly Delmonico, the applicant, or representing the applicant. I have a lot of paperwork, apparently. Okay, good evening. My name is Kelly Delmonico. I am the planning consultant on behalf of the property owners. In this case, there are two, and I'm joined tonight by Jason Bartlett, who is with Building Management Systems, or BMS, who comes into play during this request. There's two properties we're talking about today. The one on the north side of the image that you're looking at is where the location of Building Management Systems has been since 1984. So that's 42 years they have been there. I picked this image because it shows that communications tower that's right in the middle of the property. So it's a little less than an acre, and it's the established home of BMS. They are a local general contractor, design, build, and construction management company, and they have just outgrown their property. So that brings in that second piece to the south, which it's kind of hard to tell with that light that's there. But it is a single-family property. It's zoned AU. It's larger. It's been mostly clear-cut over the years. But that has been purchased. It's 1.93 acres, and that's been purchased in hopes of providing land to expand and support BMS. So the idea here is that Building Management Systems can expand in the future, the business they have now, and also potentially provide units or building space for other types of similar uses in the area that might be spinoffs of that. And the primary objective here is to align BMS's current use and their functional use with their future land use and their zoning. So right now, that north property, it's a split zoning. That north property is zoned BU1A, which is basically for professional offices, very low-intensity commercial uses. Almost nothing that BMS has been doing here since 1942 is allowed in that zoning district. So the objective here is to bring that property in line with its functional use, as well as the property to the south so they can continue to expand. If we were to step out and look at this area larger, it's a transitioning area. There's single-family around it. There's high-density residential to the west. You can kind of see the apartments there on the west-hand side. Those are newer. And then it goes south down the John Rhodes Corridor to where it's all commercial along 192. The two requests are to change the future land use from residential 6, which, again, isn't even compatible with the BU1A. So we'd go from res 6 to community commercial on both properties. And then from BU1A, which is the north piece, and AU, to BU2 on that south piece. And what I handed out to you, this is the same thing we presented to the Planning and Zoning Board, is it gets into definitely things we're not trying to accomplish there in the red. But in the green, it's things that we would like to be considered in the future for this business, as well as any other business that might co-locate in a unit in the future here. I'm happy to answer any questions on that. But we believe that it is consistent with the future land use. It's in an area that's transitioning from single and multifamily to the commercial corridors along John Rhodes and 192. It's adjacent to the multifamily high-density residential developments. And the comprehensive plan encourages the retention and expansion of local business. And so by allowing them to stay here and expand, it secures additional local jobs and maintains a service provider that contributes to the tax base. We have done significant community outreach in this case because we are very aware that we are adjacent to single-family residential. So actually, Jason, who's here today, him and John, the other owner, they went door-to-door knocking on kind of everyone to the north, the east, and the south that's touching their properties. They spoke to several of the residents and the property owners. The issues that were raised during that door-knocking session was they did not want this to be multifamily, and they wanted some type of opaque wall or fence and trees to separate the uses, which would be required to happen anyway, and we're happy to do those. And then we held a community engagement meeting on June 2nd. So I sent out notices to everyone within 500 feet. We didn't have one attendee except Mr. Carr, who lives just to the north, but once he realized no one else showed up, he was fine, and so he left as well. I have not had any other contact of property owners. So we believe that the proposed amendment is a logical correction of the future land use map to continue to support this business, and it acknowledges the presence of BMS for the last 42 years as a successful contractor's office in storage. This eliminates logistical hurdles of the split zoning that's there today and provides a clear path for local business to grow. And with that, we're happy to answer any questions. Okay. Any questions? I have a quick question. I know I got briefed by step, but the structure to the south of building management system, is that a home? What is it? It's a single-family home. You now, that's a part of your request? Well, we're covering both properties, so both properties need a new future land use designation. I mean, is it the intent to tear that down? Yes. Yes. And across the street, it looks like a hotel. I've been out there many, many times. It's apartments. Apartments, okay. So I think 300-some units, I believe, and that's in West Melbourne. Yeah, I know the area well. I would recommend approval. May I? Yes. I have, I, the commissioners up here are very, very smart. Ms. Atkinson, this is your district, correct? No, it's Commissioner Owens. Yours? Yes. Wonderful. I know you're smart, too. So I do go with the commissioner with it, so I'm with you on whatever you do. I just have to say one thing, and I never do this, but it's very interesting that they put in, they're not going to do a seafood processing plant. It just got me a little tickled, because that would be horrible. I would, I was like, what in here would I hate to live next to? And that was on the top of my list. So I just have to make that comment, because it was very interesting. But, sir, I'm with you on whatever you want to do. Okay. I think it's a good, this used to be Doug Padgett's. It still is. It still is. He's still owner. I didn't hear his name. It still is, yep. I've known him for a long time. His dad was my elementary school principal. Oh, that's funny. But that's not why I'm voting for it. I'm voting for it. It's a very good request, and what a great track record this business has. It's really a beautiful, beautiful place of business. And I think you're the only applicant who's actually walked the neighborhoods and had neighborhood meetings. It's fantastic. But I think it's a very good request. Thank you. Yeah, I'll make a motion for approval. Okay, I'll make a second. Motion and a second. Any discussion? All in favor, say yay. Yay. Carries unanimously. Good luck. Thank you. And we need a second motion on the zoning. Yeah, I'll make a motion on H-8 as well. May I clarify for the record that it includes the BDP as outlined in the applicant's handout? Yes. Thank you. Okay. All in favor, say yay. Yay. Yay. Carries unanimously. Thank you. Have a good night. And maybe one day we'll get John Rhodes four-laned. Wouldn't that be interesting? Yeah, it's a huge need. Someday. Thank you. One of the many, many needs that we have, so. Thank you all. Thank you. Okay, we'll move to H-9. Item H-9, Sandman Outdoor Storage, being represented by Donald and Stacey Clark. Request a change in zoning classification from BU-1 to BU-2 under application 26Z-00021, excuse me, located in District 1. Planning and zoning recommended approval with the BDP, limiting it to all BU-1 uses, and retain only BU-2 use for outdoor storage and no live local act. Okay. Donald Clark, the applicant. Are you Donald? Yes, I am, Donald Clark, 3850 US-1. I'm seeking a change of use from BU-1 to BU-2 to do outdoor boat and RV storage. Okay. We do have a few cards. Anthony Fowler. My name is Anthony Fowler. I live at 3883 McCullough Road, Mims, Florida. I'm not opposed to the zoning changing from the BU-1 to the BU-2 based on it just being used for the outdoor storage. My concern is that I own the adjacent 11 acres and have for multiple years, probably 35 years now. And when I first bought it, the motel was actually there. But you couldn't really see it for a vegetative buffer that was there. So over the years, the vegetative buffer, Mother Nature takes her toll on that as well as, you know, other things happening, which has deteriorated that. In approving this zoning, there's going to be more traffic there, more noise there, more headlights, those types of things. I would just like to see a good buffer go back in between our properties. It would help with the noise. Both of these, there's a BU-1 lot and then there's another third adjacent lot that is actually AU. Both of those lots were wooded at one time and the AU lot, they're leaving that way for right now and just asking for this on the BU-1 lot to go BU-2. And as long as the storage is going to stay just on the lot that they're applying for and that vegetative buffer would go back up or a good buffer, sometimes we have to rely on man-made buffers because Mother Nature would take years to put that buffer back in vegetation. There are some underlying things that I think they're working with code enforcement and staff on some issues to get to that point to be able to move forward with this and put that vegetative buffer back. Any questions? I don't think we have any questions. All right. Thank you very much. Thank you very much. Donna McCone, we've got some familiar names. Good afternoon again. Okay, go ahead. Yeah. Thank you for appreciating that. Again, we don't have a big problem with the switch from one business to the next in service of the local community. We would really want that binding development agreement to be in place and solid. We don't have a great history. There's still a pending code enforcement issue from 2020. Mr. Clark seems to think that it's better to ask for forgiveness than permission. So there are issues with trees gone, things that are still pending. This is 2026. Those items have not been cleared yet. On that property, which was used for the storage of the construction vehicles on the road, the neighbors didn't have a problem knowing it was going to be temporary. They even used our street to take those heavy equipment things in and out of that property. Now they have those millings, asphalt millings there that are covering that area. I understand Roads and Bridges is going to be issuing a letter within the next few days to a week requiring removal since those are not permitted in residential areas at all and with need approval for commercial uses. So those are already in place. They're already there. And the byproducts from that material, again, are seeping into our aquifer. And there are, the bosphorus, there's just a ton of chemicals in that that are not healthy for us. We do appreciate that the property owner wanted to use a permeable substance for that rather than looking at taking away all the drainage that was, you know, appreciated. But again, between the fencing, between those things, we do have a concern in the neighborhood. This is a consensus of 10 neighbors and there are only 10 properties on our street. So of course, we've talked with some people in Quail Haven that are next to it as well. And so the binding agreement would need to include, and I don't know how you would even say this, that someone would abide by that agreement. So we do have concerns, although we don't have a general objection to the change in zoning. Thank you. Oh, any questions? Would you like to ask a question? What is the binding development that you are thinking? I didn't interpret all that. That it will only be used for storage and that when the property was first acquired by the current owner, they wanted to do concrete production there, which they actually could do now. They've got an agreement to be able to do that. I understand that the owner had had an auction property and was not happy with the county because they couldn't do an auction property there. And just, there's a long history. And the history is one of contention and kind of acting and then saying, oh, well, now maybe we need to do something different than we wanted to do. Anything else? Thank you so much. You're welcome. James Bergeron. I'm glad she brought up the millings because I want to address just that at this point, if that's all right. At the start of this whole situation, a county worker slash subcontractor approached Mr. Clark for a place to park equipment. Mr. Clark agreed to the terms to allow them to use his gravel driveway for a parking area. And in return, they offered to bring in millings to stabilize the driveway and parking areas where the equipment could be stored. The worker did not mention permutation or the need thereof. This worker entered into a binding agreement solidifying the verbal contract upon the use of this least owned or subcontracted equipment to deliver spread level aforementioned materials. The county benefited vicariously through the contractor's actions by being able to save money, subcontractors fuel, transport, and other costs and expenditures related to moving and storing the equipment. Not only that, there is a working motel on the property that has 24-hour on-site security provided by Mr. Clark that the contractor and county has benefited from and did not incur any subsequent charges for. This puts the county in a position of both promissory and equitable estoppel. The county has received unjust enrichment at Mr. Clark's expense and therefore, he should be granted a part performance estoppel to stop any further action because backing out of this agreement now would reinforce all four circumstances allowing litigation in such a case, including a clear misrepresentation, Mr. Clark's reasonable reliance on the agreement, detrimental change in position by the county, and exceptional injustice including detriment to Mr. Clark's property and finances. Only one of these criteria is needed proven for litigation. All four are verifiable. Okay. Estoppel being an agreement that one party benefits from but then doesn't fulfill their end of the agreement. With that said, a worker slash subcontractor entered into a use agreement is by law held to the binds of that agreement be it written, verbal, or further. If the subcontractor acting not off, excuse me, if the subcontractor acting on behalf of the state misrepresented or misled Mr. Clark with agreements that they were not authorized to make, any remediation is to be sought from the party who misrepresented themselves as able to enter into such agreement. Potential remedies to this situation include a variance allowing Mr. Clark to keep the modifications to the property either free of charge or cost a post-issued permit. Two, the county send out equipment and a truck at their cost to remove the materials and put Mr. Clark's land back to the same status it was found in and repay Mr. Clark for all costs and expenditures incurred due to the county's misrepresentation and pay the owed storage and security charges and the maximum state-allowed charge of $400 per piece of equipment per month stored as well as the maximum state-allowed fees of late fees for 20% per piece per month late during this from the date of the start of the storage. Additional charges Mr. Clark is entitled to include loss of use for the duration of the storage and the maximum state-per-day rate for 24-hour unarmed security not to exceed $960 per law. Okay? The stabilizing of the parking lot by way of millings was used over an existing gravel dirt parking area which already had road access in two locations so a new road access doesn't apply as far as permutation that kind of thing. No further road access was created. Millings unlike concrete are permeable. Okay? So, they're not going to keep water out or you know water laying on them and flooding and all that kind of stuff. It will seep through them. Now, as far as the pollutants that was brought up there are exactly 1177 miles of road in Brevard County. I don't know if you know what I know but that takes over 4.7 million tons of asphalt to cover. If this asphalt was a problem in his driveway the little bit that he has it was damn sure a problem in that road and that means that Brevard County has a hell of a lot of cleanup to do. Okay? Now, with that being said there is no danger from this otherwise Brevard County wouldn't be selling these millings to landscaping companies that then are in turn allowed to sell them back to other people once they have the permit. This is a cash grab is what it is. Thank you. Okay. Thank you. Any questions? Any questions? Do we have any questions? Don't think so. Thank you. Thank you. Carmine Ferraro? Yes, I'm just here to support the applicant and for approval of his use. Thank you. Okay, that's all our cards. We'll bring it back for the board. Commissioner? I'd like to make a motion to approve and you're just going to put the storage on it, correct? Yeah. Are you good with just agreeing to doing a BDP that you're just going to put the storage on that? I don't know what that is but sure. Okay. Abiding and development I'm only doing boat and RV storage. I remember seeing that building since I was a little girl by the way and I'm old so it's been there for a long time. I would like to talk about that for one second. I let P&S Paving use my property for paving US-1 for Brevard County there. So just that's the subject of code enforcement in case this really isn't the forum but also that's FDOT in the state. That is not Brevard County to be clear. How do I get a variance then is what I need to know? You know what? Call my office this week and let me see if I can hook you up with the right people to help you with that. Is that good? That would be great. I have really nice people in there and they're smart. Super. Thank you. Okay. Thank you. Forget this guy to represent you. He could be a lawyer. You know what? I'll copy your card and I have someone call you. Okay. Okay. All right. Thank you. Thank you. Okay. Thank you. All right. Any other questions? Comments? Bring it back to the commission. I made a motion. You might have to say with the BDP. With the BDP for just storage. For outdoor boat and RV storage. Yes. Thank you. Motion for approval of the Binding Development Plan for outdoor storage. Boat and RV storage. Boat and RV storage. Okay. What can we do with that? And that included in the second? I'll second it. Yep. Second it. Okay. Any debate? All those in favor say yay. Yay. Yay. Carries unanimously. Thank you. Thank you. Let's call us for a second like this. Yeah. Absolutely. I'll just let you go through them all. Okay. We're on 12th. Am I right? My handlers are keeping me straight here. H12. Yes, sir. Item HBRS LLC being represented by Landon Shear requests a zoning classification change from BU1 to BU2 under application 26Z00024 located in District 2. And applicant Landon? Yeah, Landon Shear 1361 A1A Sally Beach. This is a unique rezoning request for us in the aspect that the mini storage that's proposed has already been submitted under a site plan application 26SP00014. It's already gone through one round of DRM comments. and we're requesting this rezoning solely for a building material change. Mini storage is allowed in BU1. Mini storage is also allowed in BU2. Metal buildings are allowed in BU1 and BU2. But the county code prohibits mini storages in BU1 to be metal buildings. This proposed mini storage is just non-climate controlled 8 foot tall no utilities just roll up door mini storage and really the industry standard for these are metal buildings. And so that's our request is to change from BU1 to BU2 so that we can construct these out of metal building instead of CMU block infrastructure. Like I said it's allowable use in both zonings and we've already submitted a site plan for it. Okay great. We have one card. No we have two. John Hopping Garden. Good afternoon board. John Hopping Garden, Merritt Island. I rise in opposition to this development. I'm not a NIMBY. I'm just concerned that Brevard County is becoming too mini storage meccaed. We mini storage is kind of a funny thing. It doesn't provide any jobs. It doesn't raise taxes. It just sits there as warehousing of personal goods. We have approximately 300 facilities throughout the county. Houston where I come from has only 200 and something and they've got 6 million people. Something's wrong here. We really should think this through that putting public storage in Brevard County should not make we are the space coast not the storage coast. This particular facility will like I said not bring any jobs to the area. It will not give us high taxes which we need right now because y'all were thinking of busting the cap and we need to have more tax revenue. Currently in Merritt Island we have 10 mini storage facilities on that small island. Anda put me up on the screen please. Yeah we got a lot. Yeah I think we have it. That's at the discretion of the chair policy. There it is. That's the map of Merritt Island and those are all the current facilities. Putting another one in there making 11 is totally unnecessary. You've got two just north of the Barge Canal and this one is further up on Courtney which is proposed. What do I hit for the next slide? That's the site. It's all trees. There's flooding in that area. If you look at his site plan submittal he's paving the whole thing with non-permeable material where rainwater will not be able to be drained from that site. The other issue that he has is that no one can make a left turn out of that property to go north on Courtney so he made an easement request to the Dollar General which is just to the north of that property and they have granted that but then you've got to imagine people coming in through the Dollar General to this property. It's really an issue for the county to really think about what's the future of the county. Are we going to just keep having storage all over the place? I would like to see a moratorium. On planning and zoning I have mentioned it many times that we have too many mini storage facilities and there's higher and best uses for this property. This is 2.43 acres. You know you could put affordable housing on there under live local. You could do an ALF, assisted living facility, put an office building. This is the drive to the space center. You pass it on the way, it's right on the curve. It just doesn't seem suitable for this neighborhood. It's all residential, large lots, and I don't believe that there's a demand for more and more storage. I would like you to consider it and turn this application down. It just doesn't make sense. As a developer and an architect that I am, it's not the highest and best use for this land. Thank you. Okay. Any questions? Mr. Goodson, did you have any input on this? There's one more call. Oh, my goodness. I'm sorry. That was such a captivating presentation. I forgot all about it. Rose Plummer. Good evening again, commissioners. My name is Rose Plummer. I'm here representing the North Merritt Island Homeowners Association. The North Merritt Island Homeowners Association has carefully reviewed zoning change application 267-00024, requesting a change in classification from BU-1 to BU-2. After thoughtful consideration of the application, the surrounding land uses, the established character of the corridor, and the interests of the residents and property owners who would be directly affected by this decision, the association strongly and respectfully urges the zoning board to deny this request. The requested BU-2 classification would significantly broaden the range of potential uses permitted on this property, including more intensive commercial uses that are not compatible with the existing corridor, the nearby residential community, or the reasonable expectations of surrounding property owners. Approving this request would create an unnecessary and avoidable risk of introducing uses to that, uses that are more disruptive, more intrusive, and less consistent with the established pattern of development in North Merritt Island. This corridor has not developed as an appropriate location for the expanded and more intensive range of uses associated with BU-2 zoning. The existing BU-1 classification already allows for reasonable commercial activity while maintaining important limits that help protect surrounding neighborhoods and property owners. There has been no demonstrated need to expand the zoning classification to BU-2. And the burden should remain on the applicant to show that such a significant change is necessary, appropriate, and compatible with the surrounding area. Based on the information before us, that burden has not been met. The North Merritt Island Homeowners Association has a long-standing history of advocating for responsible land use decisions and protecting existing property owners from unwanted, incompatible, and overly intensive development. Zoning changes of this nature should be treated as should not be treated as routine administrative approvals. They have lasting consequences for traffic, noise, lighting, visual character, public safety, property values, and the overall quality of life for residents who have invested in this community with the understanding that reasonable land use protections would be maintained. Approval of this request would also set a concerning precedent for future zoning requests along the corridor. Once a more intensive classification is granted, it becomes increasingly difficult to prevent similar requests from following. The cumulative effect of such decisions can permanently alter the character of an area, undermine prior planning expectations, and erode the protections relied upon by nearby homeowners and property owners. For these reasons, we respectfully request that this board give substantial weight to the concerns of the surrounding community and deny this application. The requested change from BU1 to BU2 is not in the best interest of North Merritt Island, is not necessary to allow reasonable use of the property, and presents an unacceptable risk of incompatible development in an area that should continue to be protected for more intensive, from more intensive commercial encroachment. Thank you. Thank you. Okay, that is all our cards. Does that have any? Yeah, I just want to clarify a couple things. The mini storage is allowed in both zonings, so we're not really here to debate whether or not the mini storage is going to, we're going to develop it. There is significant amount of undeveloped land on the western portion of the site that we will not be touching. There's wetlands all in there. There's a huge buffer. The site's 2.34 acres, and the area of development is only about 1.8 acres. It was discussed at the planning and zoning board that we would be completely fine with the BDUP that would restrict the only BU2 use to mini storage to allow us to use the metal building. The request today is purely a building material change request. We tried to see if there was a way to do it through a variance or waiver, but there's just no process for that, and the only way to do it was through a rezoning. And the magnitude of price difference between a commercial or a traditional CMU versus a metal building for this scenario is about double the cost. So that's the request. We're purely asking for material change. I know there was a mention about an easement. That was no request to us. That was mandated by FDOT to Dollar General at the time they developed or had their plans approved. And mini storage is historically one of the least, lowest generated traffic. So I don't really think it's going to impact the community all that much. And like I said, we have a massive vegetative buffer that we have to maintain in place because we cannot touch those wet ones. Okay. Very good. Any questions of that? We may have some questions here of the applicant. You mentioned something I was going to mention because I said it said this was wall-to-wall concrete. I'm looking at your site plan. You have significant green space in the area that you are protecting. We did. Absolutely. Yeah. Yeah. And that was on purpose. We wanted to keep the buildings as far away from the residence as we could, as close to Courtney Parkway as possible. We put the dry ponds behind it to increase that buffer. There's heavy landscaping on the top of those dry ponds on the residential side. And then as well as the that wetland line that's there, we obviously can't touch anything beyond that line. Okay. All right. So we'll bring it to the board. What is the desire of the board? Commissioner Goodson, I think you're still there. Yes, I'm here, sir. I'd like to make a motion to approve for the BDP for all BU1 uses and limiting the BU2 use to mental self-storage for any warehouse facilities only. I'll second. Is the motion a second? All those in any debate? Okay. All those in favor, say yay. Yay. Yay. It carries unanimously. Thank you. Okay. John, I still enjoyed your presentation. I thought I was going to blame all these storage units on our architects. They design houses with too little storage, too small garage, more, more, no basements, right? Yeah. And we should require our code to have more storage, good storage on the roof because we got as long as it physically can support it. I enjoyed your presentation either way. Okay. Thank you. All right. Now, H13. Hi, I'm H13. Robin and Maxine Bland and Tara Bosman being represented by John Campbell request a zoning classification change from GU to RR1 under application 26Z-00016 located in District 1. Okay. John. Hi, my name is John Campbell. I'm a land surveyor and I'm in my 56th year of practice in Merritt Island, Florida. I'm representing Robin Bland on this piece of property. It's in the western part of the county. It's future land use is Res 1. and the predominance of surrounding zoning if it's in your package is RR1. We want to go ahead and move this piece of property out of the GU zoning, which is actually interim zoning, into RR1 with a provision that we only want two building sites out of it. So it's pretty clear, pretty easy to do, and I've got some very good clients that want to build their homes on these properties. One parcel will be two acres, one parcel will be 2.5. It's a little less than two point, it's a little less than two and a half acres. The site itself is presently, I think, 4.5 acres, which is, by the way, non-conforming even with GU zoning on it. So I would respectfully ask that you approve our application so that we can move ahead. We will be talking with Paul Bode again because one of the lots is going to be served by a flag lot and we're going to go in for a flag lot of approval for that. Of course, we need to get the zoning first. So if you have any questions, I'm here to answer. Okay, any questions? What's the desire of the board? I don't think we have any cards. Super simple. I'm sorry you had to wait to the end on this one. I'm sorry, I'm having a hard time hearing you. Sorry you had to wait to the end on this one. This is the easiest one all night. I was hoping to slide with me. I'm sure this is in my district. It's just an up-ringer. We passed the planning advisory board with five or nine. I'm going to make a motion to approve it. You ready? I'm a second. I'm going to make a motion to approve. All right, I second. The motion is second to approve. All those in favor, say yay. Yay. Yay. Yay. Yay. There is unanimous. Thank you. Thank you. I hope you get this job. You know the hardest thing getting these jobs done now? Yes, sir. Finding a surveyor. I had a biller tell me. Well, I tell you what, I've got to be honest, more of us die every year than get licensed. I know. It's a predominance of a graying profession. I'm in my 50-something year of practice right here in Brevard County. We're encouraging, if I get a free ad in here, we're encouraging, we have grant money for college applications, studying land surveying. It's the money's available. We're trying to attract younger people into the profession. Well, if we can help, maybe through our CTE and our school board, because that is a huge problem. I would love to, we need more carpenters, electricians, land surveyors, and other things like that. We do. My son says that he's a real surveyor. He has sunburn. And I told him I would trade his sunburn for my hemorrhoids any day, but nevertheless, we're both surveyors, so thank you, everybody. Thank you for what you do. I appreciate it. And that was our last item. I think we now have J-1, our last zoning item. We have a resolution. I will have staff explain J-1. J-1 is a resolution setting forth findings of fact inclusions of the Board of County Commissioners regarding the denial for a request for a change of zoning classification from GML and TR-1 to RVP on property owned by Turtle Mound Ventures, LLC. Okay. Do we want to hear from staff a summary of those findings of fact? These findings of fact memorialize the Board's action in denying the rezoning request on July 9, 2026. Okay. I think that was in Commissioner Goodson's test report. It was. It was. Chair, I'd like to make a motion for approval. I'll second. Okay. Motion and second. All in favor say or debate. Any debate? All in favor say yay. Yay. Yay. Okay. Motion carries unanimously. Okay. That is our agenda. We'll move on to public comments. Do we have any public comments on our second public comment? County manager, report? No report, Mr. Chair. Morris Richardson? No report, sir. Reed Pritchard? Just one. Commissioner Goodson, I sure miss seeing your lovely face, but it's good to hear your voice. Thank you, madam, for putting up with me. I probably have about another month at the hospital and I'm absolutely bored. I'm so sorry. Let me know if you need anything. Okay, madam. Commissioner Goodson, you have a report. No. Commissioner Atkinson? No report. Commissioner Feltner? No, sir. And as far as my, I agree with Commissioner Pritchard. I miss your lovely face as well, Mr. Goodson. Pretty. Yes, he is. Beautiful guy. All right. That's our meeting. Adjourn. Okay. The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the Board of County Commissioners of Brevard County.