County has their own goals toward this is the planning and zoning board slash local planning agency it's an advisory board which makes recommendations to the county commissioners who will make the final decisions on these items there are no lpa items on our agenda today items on today's agenda will be heard by the county commission on march 5th 2026 at 5 p.m when a motion ends in any kind of a split vote a roll call vote may be taken to ensure accuracy as a reminder each member who makes a motion or a second needs to turn on their microphone so that your voice is on the record speakers for public comments on these agenda items will be given three minutes if you do come to the podium please spell your last name for the record at this time if any board member has had any ex parte communication regarding any application please disclose so now all right seeing that i need a motion for the approval of the p and z minutes from january 12th 2026 second got a motion by debbie a second by jared all those in favor say aye any opposed that passed unanimously okay item h1 item h1 spacewalk groves inc request cup for land alteration application 25z 00057 located at tax count number 2315318 in district 2 okay miss kim you know the drill yes sir name and address and spell your last name please good afternoon chairman members of the planning and zoning board my name is kim rozenka with lacey rozenka in melbourne florida i'm here on behalf of spacewalk groves inc with me is brian hamilton the representative and jack smith the engineer of record this is a request for a conditional use permit there's one that's existed on this property that's owned pip since 1989 for land alterate alteration actually it's just a burrow pit he's taking out sand and dirt and selling it to large operations such as blue origin for their building construction and that's what he's been doing since 1989 and now he wishes to enlarge it from 10 acres to 37 acres at the same time we're altering the um we're renewing actually asking for a new land alteration permit which is a whole separate process through natural resources the engineer of record has been working on that as you know in this area of merritt island there's some enhanced compensatory storage requirements since 2018 i think it was and so they are working through that process we do the conditional use permit first if this is approved then the land alteration permit has to be approved before the conditional use is effective so as i mentioned this is a conditional use it's in the proper zoning and i just cut my hand so i'm a little bit handicapped today but going through the staff report basically there's no adverse change to the existing roadways it's basically trucks coming out on the state road three and heading north that median that's there now is going to be improved by spacewalk roads they're going to put 150 foot of asphalt instead of asphalt millings so that'll be a better criteria for that median right there in front of this access traffic capacity is fine there's no adverse impacts to concurrency there's no material violation of relevant policies that have been identified there's no wetlands on this property basically we're creating a big hole and there's a ditch that goes all the way around this site that the water does run into but it's an all-contained system for runoff here and it will not have any impacts on any other properties it does not go to pine island at all it does not impact that drainage at all the hours of operations are monday through saturday six to four that's a private stormwater park there is no ag it says in the staff report there's an ag use near this property there is not that property related to the west is also in spacewalk spacewalk groves it's just a vacant piece of land it's not used for any agricultural use we did go to the north merritt island special dependent district board special independent district board on thursday night and they voted unanimously to recommend approval and what i have in front of you is two pages of the four page land alteration permit it shows the existing site it shows the uh the roadway that goes around it and it's um and the second page shows some of the elevations on the back side but this was submitted to the north merritt island special dependent district board also along with a red a letter of support from blue origins contractor that's also in the record and there was also a letter from bruce moyer from 1989 who was in the engineering department back then and he uh indicated that um that this road is an fdot road so there's really no control by reward county so with that i have mr hamilton here if you have any questions about his operation or i had the engineer of record if you have any questions about the land alteration permit which again is just for information natural resources controls that land alteration permit mr kim while you're right there is there anyone in the audience want to speak for against this item all right seeing that i'm going to close it to the public to bring it back to the board do we have any questions for the applicant i do that you've been and all the clients you work for this first time i've ever seen anybody to want to talk so i'm a little confused on this particular site um the road there on the i guess we're going to call it the north side is that dedicated i mean is that part of the description the road that goes to state road three yeah that's actually an easement it's a dedicated easement okay through government lands okay it's just a standard easement so it's it's been what they've used since 1989 did and my last one rather small um you did natural resources get involved into this before you came to the board today to get yes they've been jack smith's been working with natural resources i don't know i mean eight months a year not a long he's been working with the land alteration permit for a while yeah what what concerns me a little bit is that normal yes it's basically it's under section 621936 of the county code that's how it works okay because we don't ask you to design a subdivision before it comes here either you don't are you sure yes we haven't but it is unusual this is different though because in land alteration we have to have the permit as part of the cup but the process is a cup and then the engineering but it's been going hand in hand they've been working on it for a while good that's that's mine that's it thank you mr chairman mr john okay first question for staff any restrictions on excavations on merritt island i thought she was running away yeah good afternoon good afternoon board i'm jane hart with natural resources um so for a borer pit in north merritt island any any um development or land alteration north of hall road and would be in the area that's part of our new code from 2019 that would have to meet more stringent floodplain criteria so they are required to provide compensatory storage and we received a letter from them about their floodplain fill their cut and fill and that shows their engineer has certified that they will not need to provide compensatory storage they will also need to go through the north merritt island flood model to prove that they are holding all their water that would for a little more information so when they run the model their engineer is going to need to certify that the activity on site will not increase the duration of peak flood stages within the area or increase flood stages such certification shall be accompanied by a report supporting the certification and the report should include all full engineering data and analysis in compliance with good engineering practices and any and all applicable standards criteria and regulatory requirements including hydraulic and hydrologic hydrologic modeling and analysis demonstrating that there is no impact thank you so we would need to receive that before we issue a permit all right um do you happen to know what the level of the water table is in that area i believe the um the it's i believe it's 1.0 is the um the seasonal high water level so it's one foot below surface level i'm not sure on that name and address jack smith hsa golden 11 lake gatlin road orlando the ground surfaces if you look on the um the the map uh range from about two to three generally in that area where the excavation is going to be and we two to three what feet above sea level okay what's where's the water table about 1.0 the high seasonal high okay so so we'd put you one foot or one and a half feet above sea level correct the yeah two and a half to three yeah two and a half to three yeah one and a half to say three and a to two and a half feet above sea level right there so while you're up here above above the seasonal high not sea level yeah okay yeah okay um how are you removing water when during excavation for your dewatering process well that that's covered under the cup with the water management district it is pumped into a ditch that surrounds the excavation and it goes to the existing lake uh further to the west that is in on the property that is uh controlled by the applicant it is not it is controlled by the applicant yes it is yeah and does that drain that is uh self-contained most of the time i think it it might be connected during flood stages but it's self-contained and there are no conditions and then five days i believe before a major storm pumping is ceased and uh the the pit itself will be drawn down and that will actually act as a sink to accept uh uh any flood stage water so you're saying you shut the pumps down before a storm yes okay do you do any recharge into the aquifer yeah that that's the purpose of the of the ditch around is to recharge back into the ground so a lot of the water actually circulates back into the pit just through normal percolation normal percolation okay um how much soil are you going to be taking out if this is granted i don't have the numbers in front of me but 1.2 million yards i'm going to figure out how many trucks you're going to be bringing um it also most of the trucks are going directly to the but you're getting out on three to get to um you're not going just north of your site to get to blue origin you're going out to highway three well the driveway is actually on federal land no i know that one you're talking about the one to the north i'm just saying that um that's by 18 not nine because 18 is a dump truck oh okay you got bigger i was thinking you're like an m550 yeah right it'll be a similar traffic to what has been existing uh you know previously okay um it also says that you're going to go south not just north i think we estimated 80 north and 20 south i think who are they selling to to the south well we don't know yet i mean okay you just wanted to we want that as as an alternative okay um your your major purchaser will be blue origin yeah as far as i know blue origin do you i mean would you say a million 16 000 all right yeah well now i've got to redo it yeah do it again um blue origin is going to raise their site for construction correct where's the runoff going to go how's it going to affect the neighbors i have no idea what their plans are okay you're just going to sell them dirt and uh and so anybody that's neighboring their property is going maybe suffer because of a higher elevation i'm making it they're making it high and dry i can't comment on that okay um thank you okay hold off for a minute miss kim could you come back up please this might have to go to the owner but this is already an existing yes sir borrow pit whatever you want to call it and he just wants to expand yes sir and the watering is a recharge trench around the entire site yes sir or just around the lake and then also you have the berm if i'm not mistaken around the perimeter of the property correct i'm very familiar with compensating storage because of miss darcy back there she educated me but so we're just enlarging this we're keeping all the water on site anything extra is going to go next door which you control that lake also yes sir i have no other questions mr henry i'm gonna make a motion we approve this second got a motion by henry a second by debbie on item h1 all those in favor say aye any opposed that pass unanimously who's going to abstain i don't know i just don't believe that these models work there's too much flooding going on what do you think they're going to stop really well then why are we here all right item h2 yes item h2 princeton technology llc request a cup for four cop full liquor beer and wine license for on-premise consumption accessory to a restaurant application is 25z 00044 located in district one okay sir are you the applicant yes sir if you could state your name and address for the record my name is dr sachin chinois i reside at 7 indian river avenue apartment 1007 in titusville florida all right and a little bit about what you're wanting to do well can you repeat your name sir yes sachin s-a-c-h-i-n last name s-h-e-n-o-y thank you all right yes sir and a little bit about what you're wanting to do well i'm not sure that is what i want to do but this is where we are so i rented this restaurant about three years ago two and a half almost three years now it is in mims which is now titusville but they call it mims it is it was a functioning restaurant for 40 years it had 75 seats we opened it as a restaurant with beer and wine license it wasn't successful for the most part so we closed sit down and i do own a full liquor license that i can bring there or i can buy one so we want to open the bar there and it's not it's just four cop it's it could be it it actually could go to quota because i could bring a quota license there and we already talked to dpbrs about transferring the full quota license there we want to serve food it's not that we want to have a own a liquor store there so it'll be food and a four cop i even in my current place where the license resides i don't do quota i don't sell by the bottle i don't sell it to go it's just a bar so i might move that bar over there or buy a new license for this particular place the seating is 50 now per per their rules you have to have 120 seats to have a four cop and we cannot do that our restrictions are primarily space maybe a little parking and maybe a little septic tank issues it's not my property i still have a few years on it and i just want to see if i can make it into a bar and see if that works because that allows us to plan for the future if if that concept is viable in mims or not so all i need is to to zone it for a four cop or a quota license with a restaurant i'm not sure that there is any i'm not sure how it is zoned so the process is very convoluted and we got lost along the way but that's my intention all right well while you're right there yes sir do we have anyone in the audience want to speak for or against this item okay seeing that i'm going to close this the public comment and bring it back to the board do we have any questions for the applicant okay i i have a question um so i know that um i know you've got several restaurants in town i frequent one of them quite often correct on occasion the bar and um i know that this this particular building has been multiple restaurants over the years and i and i know that you guys uh you know are trying to make something out of it too and i'm not against this at all i i would support this my question is is there something that can go along with the cup that stays with that business as opposed to that property in case in case they decide to relocate that it doesn't hang on to that piece of property is that a thing i've i've asked around in a hypothetical way and i haven't got an answer yes so you can the board can add a condition to the conditional use permit that if this particular business goes out of business then the conditional use would be um voided out would you would you be opposed to that no i would not be opposed to that because for me it protects my investment and uh if someone wants to do it again they're welcome to go through all the hoops i've gone through and come over here and explain it to you all over again i'd be happy to do that yeah it would it would make me very happy in fact that might be a strong point for me to renew my lease if it works out and if i fail then then i walk away that's business mr mims you got anything to say over there not at this place excuse me no sir i do not uh except that i would recommend approval for this change without a beady peak well i've got one of sorts though that's a little inside um one second mr jared with that recommendation do you want to add that stipulation yes yes that's a good idea so is that the motion or or should i make the motion no do you have ron's motion there with the consecutive yeah well i'm i'm not sure if everything got in there have them repeat it mr ron if you will uh recommend approval with a a conditional additional additional condition uh that if the property is sold that that cup goes away not not sold this this one's rented so if the if the tenant moves then the cup would not remain with the property right that's what ron said do you want it tied to a specific individual or a specific entity or do you want it to be tied to a use so if it's a restaurant right this business which is doc's are you gonna is it doc's barbecue are you changing the the um the parent entity is going to be cns restaurants c and ampersand s restaurants c and s cns restaurants inc is the parent company okay that is leasing this property if if it could be put in as that if cns restaurant leaves the property you can revert it to whatever it was before yeah so it's a conditional use permit for cns restaurants to operate a bar per the laws of the state without having a a a seating minimum or maximum based on theirs and then without having the 51 food requirement because we have a full liquor license so we can serve food up to one percent two hundred percent not 51 49 and that that's the ratio that's we follow for other restaurants mr chairman how will that affect the original cup that you're currently operating under it it does not because we have a we have a three we have a we have a beer and wine license right now i understand that that's what i'm saying that under his motion the new cup would go away what happens to the old cup there is not a we have no cup this is a new cup and and this is conditional upon me staying in that premises and if i leave the premises which is cns restaurants inc leaves the premises then it reverts back to whatever it was the condition use permit is null and void but don't you have a cup currently for beer and wine no it was an administrative uh approval through a restaurant serving 51 percent is what they have it's not administratively they did not have a cup for the beer and wine thank you okay yes this is just for for this part with the previous one was was as he said it was just a restaurant with beer and wine sales on premises pause a minute okay one second yes sir uh-oh filing a notice we're going to get clarification sorry i don't mean to bog down in procedural things but i i think we may have an issue with just the language proposed i think there's an alternative possible because if you if you say the condition is that it would be revoked you know yet there's a statutory and code process to this would be a bit effectively a rezoning um so we wouldn't do be able to do that but what you could say that can that this cup that to allow them to do liquor beer and wine would only apply to a restaurant operated by this gentleman and therefore this so the cup would still be on the property after that but they wouldn't be able it would be violating the zoning to to use it for any restaurant that's not operated by him so that's one proposal we can still think about other ways to do it but i just i'm just trying to stay away from the idea that the cup automatically gets revoked somehow because i don't think you can do that that's that's more or less what i was asking if it was possible yeah billy just you know cups are just they're touchy subjects and we everybody on maryland's got one whether they got a liquor store or not and i will say i just have some reservations on the continuation because you don't know and i also just would point out this normally most uh cups that we do now are administrative approvals associated with a restaurant those if you look at the code automatically you have to reapply for a new one because those can be administratively removed just like they're administratively approved so those automatically go away when there's a change of management they have to apply for a new one but this because it's going through the rezoning process with the board that's where my my concern comes in about saying that it's somehow revoked it's still tricky it is it very much isn't you know if the if this board recommended that we would really look at it before it goes to the board of county commissioners to see you know if it might be the best way to implement it thanks so i would second mr barcher's motion to approve with the added condition of the cup uh being available only to the restaurant operated by c and s restaurants is it did i say that are we are we all on the same page cns restaurants inc that would be the the parent company operating the restaurant are we good staff okay uh item h2 i got a motion by ron a second by jared all those in favor say aye aye any opposed that pass unanimously thank you very much everyone i have a question on the 5th of march i know nothing about them now on the 5th of march when it goes to the to the board do i have to be present do we have to be present for that yes yes okay that that's all we'll be there thank you very much thank you why are they always dealing with cubs do we have any other comments meeting adjourned 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 florida space coast government お immigrated� you you you you you you you you you