Planning and Zoning Board / Local Planning Agency

Minutes Planning and Zoning Board / Local Planning Agency 3:00 PM Call To Order Approval of Minutes - February 8, 2021 Motion by Peter Filiberto, seconded by Joe Buchanan, to approve the minutes of February 8, 2021. The motion passed unanimously. Result: APPROVED H. Public Hearings H.1. All Space Storage requests a change of zoning classification from BU-1 to BU-2. (20Z00043) Tax Account 2317234) (District 1) All Space Storage (John Campbell) A change of zoning classification from BU-1 (General Retail Commercial) to BU-2 (Retail, Warehousing, and Wholesale Commercial). The property is 1.70 acres, located on the southwest corner of U.S. Highway 1 and MacArthur Circle. (5175 N. U.S. Highway 1, Cocoa.) (20Z00043) (Tax Account 2317234) (District 1) John Campbell, 115 Alma Boulevard, Merritt Island, stated he is representing Mr. Bob Brozman of All Space Storage. [Mr. Campbell distributed a handout to the board. The handout can be found in file 20Z00043, located in the Planning and Development Department] He stated the first page of the handout is an aerial photo of the subject property and surrounding area, which is a business corridor along U.S. Highway 1. The second page of the handout shows the surrounding zoning, which is mostly business use, with BU-2 to the north and BU-1 to the south. He said U.S. Highway 1 has the capacity to handle traffic, and water will be provided by the City of Cocoa. The survey shows the location of the existing building, along with what his client plans to bring forth. The existing site has been used for commercial purposes since 2002 with BU-1 zoning, and the reason for requesting BU-2 is for the wholesale sale of ice. Bob Brozman stated he also does storage, but has an ice company that manufactures ice for over thirty stores; he is running out of room at the current location and would like to move to the building on the subject property since he already owns it. Ron Bartcher asked if he makes ice in the existing facility or if he makes it someplace else. Mr. Brozman replied it is made someplace else. Mr. Campbell stated ice is presently being made at Mr. Brozman’s facility, All Space Storage, about three-quarters of a mile south of the subject property, but it has outgrown its capacity and needs more room. Peter Filiberto asked for clarification that he is going to continue to make ice at the current facility and then transport it to the new facility. Mr. Brozman replied no, the building on the subject property is not currently being used for making ice. Mr. Filiberto asked if he would store ice there after making it at the current location. Mr. Brozman replied the ice will be made at the subject property, and will no longer be made at the storage facility. Mr. Bartcher stated the only ice making process he is familiar with uses ammonia, and asked if Mr. Brozman uses the same kind of process. Mr. Brozman replied he is not using ammonia at this time. There are two different methods and one is ammonia, but there is another method as well when manufacturing large quantities of ice. Right now, he has five ice machines and will Page 1 of 12

March 8, 2021 probably add another four to five machines. He said he would like automate the ice making, but at this time it’s manual. Mr. Bartcher asked if he is using a new technology and if he uses carbon dioxide. Mr. Brozman replied he has ice makers that dump ice into a bin and are manually bagged, so it’s just a water process right now. Mr. Bartcher asked if he will be using the existing buildings, or constructing new buildings. Mr. Brozman replied he will be using the existing 3,500 square-foot building, so right now it would be adequate, but it is possible he would need to add another building in the future. No public comment. Motion by Ron Bartcher, seconded by Joe Buchanan, to approve the requested change of zoning classification from BU-1 to BU-2. The motion passed unanimously. Result: APPROVED H.2. Kaydenlew, LLC (David Menzel) requests a change of zoning classification from BU-1 to BU-2. (21Z00003) (Tax Account 2605988) (District 4) Kaydenlew, LLC (David Menzel) (continued) A change of zoning classification from BU-1 (General Retail Commercial) to BU-2 (Retail, Warehousing, and Wholesale Commercial). The property is 1.34 +/- acres, located approx. 150 ft. west of U.S. Highway 1, approximately 280 ft. south of Anderson Way. (No assigned address. In the Melbourne area) (21Z00003) (Tax Account 2605988) (District 4) David Menzel, 395 Stan Drive, Melbourne, stated the applicant is requesting to rezone a piece of property currently zoned BU-1, to BU-2 to be compatible with the adjacent zonings. He noted the front will stay BU-1; the back is surrounded by BU-2, IU, and a small portion of GU; and there is a residence to the north. He said an environmental study revealed there are no wetlands on the property. He said his client plans to do warehousing, which will create minimal traffic on U.S. Highway 1; they are looking at a couple of warehouse buildings of 9,000 square fee each, with two parking spaces for every 1,000 square feet. He noted there are no plans to do anything on the front BU-1 portion. Mark Wadsworth asked if the front portion goes all the way to U.S. 1. Mr. Menzel replied yes, it fronts U.S. 1, and it extends back to the west 150 feet and then the whole back end of the property would be BU-2. That’s where the zoning change occurs on the south property, so they will maintain that line. Public comment. Robert Paul Higgins, with Electric Picture [Display Systems], stated he occupies the property to the southwest of the subject property. The vegetation on the property is overgrown, and he has tried to keep the vines off of fences and thin things out because he has to take care of a large retention pond, and he would like to improve the area around the retention pond. He said he doesn’t have a problem with the warehousing, but he would like to see a site map if available. End of public comment. Peter Filiberto asked the applicant if he plans to clean up the property. Mr. Menzel replied they are going to clean it up. Page 2 of 12

March 8, 2021 Motion by Brian Hodgers, seconded by Peter Filiberto to approve the change of zoning classification from BU-1 to BU-2. The motion passed unanimously. Result: APPROVED Mover: Brian Hodgers Seconder: Peter Filiberto H.3. SDLD, LLC (Scott Demasso) requests a change of zoning classification from AU to EU. (21Z00001) (Tax Accounts 2501421 and 2501422) (District 2) SDLD, LLC (Scott Demasso) A change of zoning classification from AU (Agricultural Residential) to EU (Estate Use Residential). The property is 0.99 +/- acres, located on the on the west side of S. Tropical Trail, approximately 0.14 mile south of River Cliff Lane. (No assigned address. In the Merritt Island area.) (21Z00001) (Tax Accounts 2501421 and 2501422) (District 2) Scott Demasso, 977 S. Tropical Trail, stated the reason for the request is to build two houses on two lots. Peter Filiberto stated the staff comments state the applicant must show how the lots satisfy the access requirements of Section 62-102 to obtain a building permit. Mr. Demasso replied he is aware of that and is working with Planning and Development. He noted there is a road there and he owns another piece of property at the end of the road; it is an old egress/ingress easement that is 30 feet and he owns 30 feet, so there is 60 feet. He said the first step is to change the zoning because without changing the zoning a house cannot be built, and then he will figure out the next step. No public comment. Mr. Filiberto stated with the applicant acknowledging the access requirement, he supports the request. Motion by Peter Filiberto, seconded by Brian Hodgers, to approve the change of classification from AU to EU. The motion passed unanimously. Result: APPROVED Mover: Peter Filiberto Seconder: Brian Hodgers H.4. Robert Van Horn and Gerald K. Houck request a Small Scale Comprehensive Plan Amendment to change the Future Land Use designation from NC to CC. (21PZ00001) (Tax Account 2501307) (District 2) Robert Van Horn and Gerald K. Houck A Small Scale Comprehensive Plan Amendment (21S.01) to change the Future Land Use designation from NC (Neighborhood Commercial) to CC (Community Commercial). The property is 0.53 acres, located on the northwest corner of Cone Rd. and Oleander Dr. (605 Oleander Dr., Merritt Island) (21PZ00001) (Tax Account 2501307) (District 2) Robert Van Horn and Gerald K. Houck A change of zoning classification from RU-1-9 (Single-Family Residential) to BU-2 (Retail, Warehousing, and Wholesale Commercial). The property is 0.53 acres, located on the northwest corner of Cone Rd. and Oleander Dr. (605 Oleander Dr., Merritt Island) (21Z00004) (Tax Account 2501307) (District 2) Page 3 of 12

March 8, 2021 Gerald Houck, 640 N. Tropical Trail, stated he would like to let his representative speak on his behalf. John Bond, 8931 Lake Drive, Cape Canaveral, stated he is friends with the applicants and also their real estate broker. He said the applicants own several buildings in the area, and the house on the subject property has been there for 60 years and it’s the only one in the area; it is completely surrounded by BU-2. He stated Mr. Van Horn and Mr. Houck produce world class antique automobiles, and they would like to upgrade, so the plan at this point is to consolidate into one facility that would be commensurate to the area and up to code. Mark Wadsworth asked if the plan is to construct a new building. Mr. Bond replied yes. No public comment. Motion by Bruce Moia, seconded by Joe Buchanan, to approve the Small Scale Plan Amendment change from NC to CC. The motion passed unanimously. Motion by Bruce Moia, seconded by Joe Buchanan, to approve the change of zoning classification from RU-1-9 to BU-2. The motion passed unanimously. Result: APPROVED H.5. Robert Van Horn and Gerald K. Houck request a change of zoning classification from RU-1-9 to BU-2. (21Z00004) (Tax Account 2501307) (District 2) Robert Van Horn and Gerald K. Houck A Small Scale Comprehensive Plan Amendment (21S.01) to change the Future Land Use designation from NC (Neighborhood Commercial) to CC (Community Commercial). The property is 0.53 acres, located on the northwest corner of Cone Rd. and Oleander Dr. (605 Oleander Dr., Merritt Island) (21PZ00001) (Tax Account 2501307) (District 2) Robert Van Horn and Gerald K. Houck A change of zoning classification from RU-1-9 (Single-Family Residential) to BU-2 (Retail, Warehousing, and Wholesale Commercial). The property is 0.53 acres, located on the northwest corner of Cone Rd. and Oleander Dr. (605 Oleander Dr., Merritt Island) (21Z00004) (Tax Account 2501307) (District 2) Gerald Houck, 640 N. Tropical Trail, stated he would like to let his representative speak on his behalf. John Bond, 8931 Lake Drive, Cape Canaveral, stated he is friends with the applicants and also their real estate broker. He said the applicants own several buildings in the area, and the house on the subject property has been there for 60 years and it’s the only one in the area; it is completely surrounded by BU-2. He stated Mr. Van Horn and Mr. Houck produce world class antique automobiles, and they would like to upgrade, so the plan at this point is to consolidate into one facility that would be commensurate to the area and up to code. Mark Wadsworth asked if the plan is to construct a new building. Mr. Bond replied yes. No public comment. Motion by Bruce Moia, seconded by Joe Buchanan, to approve the Small Scale Plan Page 4 of 12

March 8, 2021 Amendment change from NC to CC. The motion passed unanimously. Motion by Bruce Moia, seconded by Joe Buchanan, to approve the change of zoning classification from RU-1-9 to BU-2. The motion passed unanimously. Result: APPROVED H.6. 5971 Cedar Lake Drive Revocable Land Trust and U.S. Highway No. 1 Commercial Land Trust (Kim Rezanka) requests a change of classification from RU-1-11, TR-2, and BU-1, with a BDP, to TR-1 with a BDP limited to 200 units. (20Z00036) (Tax Accounts 2310971, 2310861, and 2316173) (District 1) 5971 Cedar Lake Drive Revocable Land Trust and U.S. Highway No. 1 Commercial Land Trust (Kim Rezanka) A change of zoning classification from RU-1-11 (Single-Family Residential), TR-2 (Single-Family Mobile Home), and BU-1 (General Retail Commercial) with a BDP (Binding Development Plan) to TR-1 (Single-Family Mobile Home) with a BDP limited to 150 units. The property is 58.04 +/- acres, located on the north side of Cedar Lake Dr., approx. 0.31 mile north of Broadway Blvd.; also located at the west end of Clearview Dr. (No assigned address. In the Cocoa area.) (20Z00036) (Tax Accounts 2310971, 2310861, and 2316173) (District 1) Bruce Moia abstained from voting, as his company has been hired to engineer the proposed project. Kim Rezanka, Attorney with the Law Firm of Lacey Lyons Rezanka, stated she is representing the two property owners and HomeIn Project Administration, the developer of the proposed manufactured home development on 58 acres. She said Nick Dottore is also a representative and he will speak about the types of homes being proposed. The project is intended to be an infill development of manufactured homes on 58 acres. The subject property includes a small TR-2 parcel of a half-acre at the south end; it includes almost 51 acres of RU-1-11; and it includes a 7-acre BU-1-zoned parcel behind Winn Dixie. She stated currently, the property has RU-1-11 zoning with a BDP limiting the 51 acres to 154 units. The developer is proposing 150 units on 58 acres and TR-1 zoning. The TR-1 lot size is identical to the RU-1-11 zoning, at 6,500 square feet; only the configuration is different, with RU-1-11 requiring lots of 75 feet by 75 feet, and TR-1 requiring lots of 65 feet by 100 feet. The request is for TR-1 on all 58 acres, removal of the existing BDP from 2006, and inclusion of a new BDP limiting the number of units to 150, and a buffer to the south, but the entire subdivision will have a 15-foot natural subdivision buffer, which is required by the subdivision code. The northern lots abut the Port St. John Unit 1 development; to the east is Clearview Terrace Mobile Home Park, which is also TR-1; to the south is Cedar Lake Mobile Home Park, which are half-acre lots; and there are other manufactured home communities and mobile home parks in the area. She stated that she and her clients held an informational meeting on January 19, 2021, at the Port St. John Community Center, with 36 attendees who were mostly interested in what would be on the subject property. There were many concerns raised in the public comment emails. Some of the history of the property is that it was rezoned in 1990 to RU-1-11 from TR-1, and it was limited to 154 lots on 51 acres. She said the 2006 BDP added only a few items, one of them being that from Vineland Street be prohibited which is why it is in the proposed BDP, but it was never the developer’s intention to use Vineland Street as an access. There’s been a concern that there are two accesses to the project, one off of Clearview Drive, which is the northern road, and one to the south off of Cedar Lake Drive, which comes off of another road called Broadway Boulevard. The 2006 BDP limited Clearlake Drive to emergency access only, and the developer does not mind leaving it for emergency access. She said the developer doesn’t think it’s fair to put all of the traffic onto Clearview Drive, but if that is what the board determines is appropriate, Page 5 of 12

March 8, 2021 the developer is fine with that. Per the staff comments there are no road or school issues; City water will be brought to the site, and Cocoa sewer is proposed. The County’s sewer plant does not have enough capacity, so if sewer is not brought from Camp Road or another manner, the developer would use the high-end nutrient reduction septic tanks and have quarter-acre lots, but that is not the developer’s intent nor what he wants. She said the developer intends to bring City of Cocoa sewer through the Watermark PUD subdivision off of Camp Road. There have been many issues raised about tortoises, scrub jays, and wetlands, but the Land Development Code does not require an environmental study for zoning, it is only required for commercial and industrial rezoning requests. There have been two environmental studies, and there are gopher tortoises but they can be relocated. The scrub jay survey is beginning this week or next because it can only be done in March. There are scrub oaks, and if there are scrub jays they can be relocated properly. She noted those are environmental issues that are site plan issues, not rezoning issues. As to wetlands, there’s only 1.56 acres of wetlands on the entire 58 acres, so wetlands are not an issue and County code will be required. She stated the only recent rezoning in the area was the Watermark PUD in 2018 and those lot sizes are 40 feet by 100 feet and 4,800 square feet, which is smaller than what is being requested today. Watermark had 129 acres and 417 lots were approved, which is a density of 3.8 units per acre, and in December 2020 it was reduced to 363 lots. She pointed out that the request is not inconsistent with the Port St. John Small Area Study and it is consistent with the Comprehensive Plan. There have been concerns that properties will be devalued, but there is no evidence as to how they will be devalued, or how much they will be devalued, and some of the neighbors are merely speculating. She noted she has provided the board information on property appraisals, and how appraisers use similar house types, so a manufactured home is not going to be used to determine the value of a concrete block home or a single-family home. These are going to be newly constructed homes; they will each have their own lots, and they are built to HUD standards. The homes will be built to 100-mph wind standards, so they are well-constructed homes. She stated the project will include a 7-acre parcel of BU-1 behind Winn Dixie that, if developed as currently zoned, could allow a 55,000 – 70,000 square-foot shopping center, which could equal trips of 2,200 – 3,000 trips per day on U.S. 1 in that area. She said using the ITE trip manual rates from 2016, 154 single-family homes as proposed on the 51 acres would generate 1,471 trips per day; for 150 manufactured homes, the rate is much smaller at 700 trips per day, less than half of what it would be for single-family homes. She requested the ability to ask questions of those testifying today if necessary, rebuttal time, and approval of the rezoning request to TR-1, removal of the existing BDP, and approval of a new BDP. Nick Dottore, 4425 Sheridan Avenue, Cocoa, stated he will be speaking on the matter of quality and construction of the new manufactured homes. He said he believes that people of modest means deserve more quality housing options than what presently exists in the county, which is why he’s before the board with another affordable housing community featuring manufactured homes. He stated his vision for the project requires an investment of $14 - $15 million, which includes brand new two-bedroom, two-bath, and three-bedroom, two-bath homes manufactured by Jacobsen Homes, which is based in Plant City and in business since 1953; he may also look at Palm Harbor Homes who also have a stellar reputation. He noted that funding is approved and available upon issuance of a building permit. He stated the terms ‘manufactured home’ and ‘mobile home’, are often used by the general public and government departments to describe the same type of home. Mobile homes and manufactured homes were distinguished from each other in 1976 when the National Mobile Home Construction and Safety Act became effective, which is the HUD code. A manufactured home is required to be built on a permanent steel chassis, and wheels for transport on highways, which means they must comply with DOT requirements. He stated the intent of the HUD code was to improve the durability and quality of manufactured homes and it’s the only federally regulated national building code. The HUD code sets standards for design and construction, body and frame requirements, thermal protection, plumbing and electrical, fire safety, and energy efficiency. Manufactured homes are built in Page 6 of 12

March 8, 2021 three standard sizes: single-wide, double-wide, and triple-wide. Each home is internally inspected multiple times throughout the phases of construction to confirm proper construction and quality. If the home is placed on blocks or metal piers, skirting can be added to make the home more visibly appealing; they can also be placed on permanent foundations or on a basement, just like a site-built home. He pointed out that the manufactured homes in the development will be on full concrete pads. He stated within the HUD code is a dispute resolution program, which means if a consumer is unhappy with the quality of the home, the manufacturer, or the dealer, they can submit a complaint through the dispute resolution program. [Mr. Dottore distributed a wind zone map of Florida to the board. The wind zone map can be found in file 20Z00036, located in the Planning and Development Department] He stated Brevard County is in Wind Zone I, which is 100-mph; Wind Zone II is 110-mph. He emphasized the difference in the construction of manufactured homes in connection with the wind zone map, and stated nothing is different between a home that is constructed for 100-mph wind zones versus 110-mph; the only thing that is different is how they are anchored to the ground and the County strictly enforces how homes are anchored into the ground, and that is the only difference between wind zones II and III. He noted that last month he hired Atlantic Environmental Services to do an assessment of gopher tortoises and scrub jays, even though he couldn’t do a formal survey until March. He said if the board feels that the proposed project is viable and the use of the property works, he looks forward to working with the County. Public Comment Thomas Amstdat, 5941 Cedar Lake Drive, Cocoa, stated he has been in his home since 1982, and he was there when the property was rezoned in 1990. He said the original zoning was GU and they tried to get TR-1 but the neighbors said if they’re going to try to develop, it needs to be TR-2 because TR-1 would be too much traffic on Cedar Lake Drive. They agreed to develop with FPL giving them a right-of-way to have all of the traffic go out Clearview Drive in exchange for the RU-1-11, which would allow an increase in density. He said the current BDP states there would be an emergency access only road through Cedar Lake Drive, and now they want to eliminate that condition. Cecile Denning, 1173 Vineland Street, Cocoa, stated she would like to know the ratio between the concrete pads and the roads versus the acreage, and asked how it will affect the runoff. She said taking the slope into consideration, and combining it with the roads and concrete pads it will be a big mess. She stated a lot of the runoff now gets absorbed in the dirt, but during a bad storm it’s like a river in peoples’ yards. She stated her other concern is that when the brush was cleared along the edge of the property it became a highway for four-wheelers, and she would like to have a wall instead of a fence so it can’t be climbed. Zac Brigante, 1101 Vineland Street, Cocoa, stated his backyard is on the northern side of the subject property. He said in 2017 Hurricane Irma came through with 94 mph wind gusts, and according to FEMA, 4 single-family homes were destroyed, along with 37 mobile homes, 2 multi-family homes, and 2 businesses. According to the Property Appraiser’s Office, there are 8,463 mobile homes in Brevard County, and 179,437 single-family homes, which means there are 21.2 times as many single-family homes as there are mobile homes in Brevard County, yet 9.25 times as many mobile homes were destroyed from Irma. He said he had an appraisal done in January that valued his home at $368,000. He said if the 29 lots that will abut Vineland Street are eliminated, that would be a good buffer, it would allow the onsite relocation of the protected species instead of offsite, and it would be less traffic through Cedar Lake Drive and Clearview Drive. He stated he contacted a MAI appraiser who said he would have to find an exact example of this affecting property value. He said it may not affect property value, but if might affect if it’s narrowed down to two homes of equivalent price and size, one with a view of Page 7 of 12

March 8, 2021 the mobile home park, and one with a different view. He stated he knows the response from the community has been overwhelming and he hopes the board takes that into consideration. Tom MacFarland, 1099 Vineland Street, Cocoa, stated he built his home in 1976, and was told by his contractor that there was a binding site agreement in the area behind him that there would only build block homes built there. He said he is worried about the value of his home, and no one can convince him that the value of his home is not going to drop if the proposed development is approved. Julie Lynn Ulrich, 5965 Cedar Lake Drive, Cocoa, stated she’s been speaking with a biologist who is aware of the animals and protected species on the subject property. She said she frequently has between 12 to 15 gopher tortoises coming into her yard from the subject property. She also stated she has the Audubon Society checking on an eagle on the property. She said she was at the County Commission meeting in 2006 and the neighbors’ concession was to keep the homes as block homes because of hurricanes. She explained that Cedar Lake Drive is a small street that goes into Broadway Boulevard, and between CVI and the mining, there are 40 trucks per day on the street, and with 40 new homes on the south side of the FPL lines, at two cars per house, that’s a lot of vehicles coming down Cedar Lake Drive and out onto Broadway. She said her main concern is that the proposed homes will not be for sale, they can only be rented. She stated she would like Cedar Lake Drive access to be for emergencies only. End of public comment. Kim Rezanka stated Ms. Ulrich lives in a manufactured home in Cedar Lake. The developer does not have a concern with limiting it to emergency access, he just feels that it would be too much traffic on Clearview Drive, but it can be added back into the BDP. As to the stormwater and runoff, there are very large retention ponds planned, so the runoff will be addressed during site plan as is the practice, and as of right now there is no drainage treatment on the property. As to the 100 mph wind concern of Mr. Brigante, that is a building code issue, not a zoning issue. She stated the proposed development will not be low income housing, it will be affordable housing, and it’s very discriminatory when people call it low income. She noted that Mr. Brigante uses her client’s property for his own personal use; he has a shed on the property and uses it for his own purpose. Regarding the property values, a property’s appraisal value is based on sales of similar properties and by current market trends. Appraisers use comparable properties and a manufactured home is not comparable to a concrete block structure or to a wood structure. Regarding that the homes were supposed to be concrete block at RU-1-11, there is no requirement that concrete block be built in single-family homes; that is a mistake, and that’s not in the BDP from 1991 or 2006. [Mr. Rezanka distributed Code Section 62-1151 to the board. Section 62-1151 can be found in file 20Z00036, located in the Planning and Development Department] She stated an environmental study is not necessary except for commercial and industrial, and the items to be considered is the character of the land, the area surrounding the property being considered, which is manufactured homes to the east and to the south. Single-family home is the use, whether it’s manufactured, block, or stick. The subject property is vacant and has not been developed because there are some challenges to it, and the fact that it hasn’t been developed is criteria the board can consider, that now someone is coming in to develop it. She stated the staff comments include a preliminary traffic analysis which she believes is incorrect based on the BU-1 zoning which could have 2,400 trips from the property. The development will decrease the number of trips because it is manufactured homes from single-family homes by the ITE trip generation manual. The request is compatible with the existing land use, which is single-family homes; there are manufactured homes to the east and south, and single-family homes to the north. People are concerned about crime and safety, but Page 8 of 12

March 8, 2021 there’s no evidence that will be a problem; the decrease in property values is speculative. She said as for the protection of the wildlife, if there is an eagle on the property the development won’t be built, but she doesn’t believe there is an eagle there. Scrub jays and tortoises can be relocated and/or mitigated. She noted that she mis-spoke at the Port St. John meeting last week, and tortoises cannot be entombed any more, so they have to be relocated. She stated it has been written in several of the public comment emails that manufactured homes are undesirable, and that is unfair and discriminatory, and there are high construction standards and Florida law protects manufactured homes from discrimination of the zoning code. There is nothing in the zoning code distinguishing manufactured homes from other single-family homes. Some of the emails from the surrounding residents are from people who live 10 miles away, some were three miles away, and some of them say exactly the same thing, but they are all speculative; they don’t have any facts and there’s no evidence in any of the emails. The developer or owner is not required to engineer the site before a rezoning, they only have to show compatibility, that the use makes sense, and that they’re going to protect the neighbors and follow the codes, and that’s exactly what this developer is going to do. Mark Wadsworth asked the distance from the east end of Clearview Drive to U.S. Highway 1. Ms. Rezanka replied approximately a quarter-mile. Mr. Wadsworth asked if there is water and sewer anywhere near the property. Ms. Rezanka replied water is available, and sewer is available from the County but only for a portion of the lots. She said her client has said if he can’t do the project on sewer, it won’t be built, and she can add that to the BDP if the board chooses, but they will be bringing sewer from the City of Cocoa through Camp Road, through the Watermark PUD, or from another place 0.7 miles away. The developer is committed to putting in sewer; otherwise, the development doesn’t make sense. Mr. Wadsworth asked how many units could be developed with the current zoning. Ms. Rezanka replied currently, on the 51 acres there could be 154 units, and on the BU-1 portion there can be at least that many. George Ritchie stated BU-1 zoning has the same lot size requirements, 75 feet wide by 75 feet deep, and 7,500 square feet per lot. Normally, the density would be equivalent to four units per acre. Brian Hodgers asked if the development is going to be strictly rentals, or if there will be sales. Ms. Rezanka replied the business plan at this point is that it is rental for five years as a rent-to-own program through affordable housing incentives, and then they can be sold. They are single lots, they will be subdivided and platted as lots, it is not a mobile home park. Ron Bartcher asked if they will own the lots. Ms. Rezanka replied the developer will own the lots until they are sold. Mr. Dottore stated it is too soon for him to say what it will be. Mr. Bartcher asked if the development will be a cooperative, similar to another property Mr. Dottore developed. Mr. Dottore replied he doesn’t know if it will be a cooperative, but he doesn’t believe so. Ms. Rezanka stated Mr. Dottore’s other development was zoned TRC-1 with a conditional use permit for a cluster of mobile homes in a mobile home park. Peter Filiberto stated there will be retention ponds on the property, and asked if they would be dry retention or regular. Ms. Rezanka replied she believes wet retention. Mr. Filiberto asked if Page 9 of 12

March 8, 2021 there will be a wall or a fence, or if all of it will be a natural barrier. Ms. Rezanka replied there will be a natural buffer to the north because that is what was required in the 2006 BDP; there is a fence required to the south and they’ve agreed to keep that. There has not been a decision on any other fencing. The 15-foot subdivision buffer has to go around the entire project. Mr. Filiberto asked if Ms. Rezanka said they wanted access to Vineland Street. Ms. Rezanka replied no, they do not want access to Vineland Street. The restriction to Vineland Street was in the previous BDP’s and they have kept it in the proposed BDP. The accesses proposed is Clearview Drive to the east, and Cedar Lake Drive to the south. She said they don’t have to have the Cedar Lake Drive access; that was done initially because there were going to be 200 lots and they didn’t think it was fair to put all of the traffic on Clearview Drive, but if the board thinks it is best to have Cedar Lake Drive as emergency access only, that is fine with the developer. Mr. Filiberto stated today is only the rezoning, the project will still have to go through site planning, but as a zoning issue, he is fine with it. Mr. Bartcher asked if Ms. Rezanka would be willing to add to the BDP that the project be only on sewer and no septic system. Ms. Rezanka replied, yes, if they can’t get the sewer they are not going to build it. Mr. Bartcher stated it was mentioned that the homes will be on concrete slabs, and asked if that means the steel frame of the mobile home sits directly on the concrete slab. Mr. Dottore replied yes. Mr. Bartcher asked if the home is tied down to the concrete. Mr. Dottore replied yes. Motion by Peter Filiberto, seconded by Joe Buchanan, to approve the change of zoning classification from RU-1-11, TR-2, and BU-1 with a BDP to TR-1, removal of existing BDP, and with the addition of a new BDP limited to 150 units, with the additional condition that the project be connected to sewer. The motion passed unanimously. Result: APPROVED H.7. Port St. John Small Area Study Port St. John Small Area Study Cheryl Campbell stated in 2018 the County Commission directed staff to conduct a small area study of Port St. John. The study is an in depth look at the area’s infrastructure and environment, and it includes the community’s vision for future development. Ten public meetings were held at the Port St. John Community Center, conducted by an appointed 7-member citizens group. The final recommendations are as follows: Recommendation 1: Relocate Brevard County Fire Station from Fay Boulevard and Carole Avenue to the west, more to the center of Port St. John. Ideally, the land owned by Brevard County at or near Fay Boulevard and Adams Place (funding source could be a combined MSTU and MSBU within the boundary) Recommendation 2: Adjust the Port St. John Dependent Special District boundary (PSJ Advisory Board) to the north to match the Small Area Study boundary less any lands that are currently part of the City of Cocoa or the City of Titusville. Recommendation 3: Change the Future Land Use designation from Residential 4 to Neighborhood Commercial on 2.92 acres located on Fay Boulevard. No changes to zoning recommended. Page 10 of 12

March 8, 2021 Recommendation 4: Change the Future Land Use designation from Residential 4 to Neighborhood Commercial on 0.30 acres located at the intersection of Fay Boulevard and Grissom Parkway. No change to the zoning recommended. Recommendation 5: No changes recommended in the area of Fay Boulevard and U.S. Highway 1. Current Future Land Use and zoning designations are consistent. Bruce Moia noted there was a recommendation to change the land use on a couple of parcels, but not the zoning, and asked if that is because the zoning is compatible with the proposed land use. Ms. Campbell replied yes. Ron Bartcher stated he assumes Recommendation 1 is considered the most important recommendation. Ms. Campbell stated that is what it would be from the citizens committee. Last week, the Port St. John Dependent Special District Board acknowledged the study with the exception of Recommendation 1. The board thought Recommendation 1 to be too expensive because it would be done through taxing the residents, just to move the fire station approximately 1 mile west of where it is currently located. Mr. Bartcher stated it seems to him that moving the fire station to the center of the residential makes sense, because it would reduce the average response time for medical and fire emergencies. Ms. Campbell replied they have currently met the level of service required. She stated it is her understanding that the fire department looks at every area throughout the county and decides if they are meeting the goals in the Comp Plan, and they will be looking at this area. Mr. Bartcher asked if there is any information on when the Needs Assessment might be authorized or completed. Ms. Campbell replied it is her understanding that it is starting soon. Mr. Bartcher stated regarding moving the fire station, he would think that would make sense unless there is going to be another fire station that comes out of the Needs Assessment, in which case if a second fire station is added, then it doesn’t make any sense to move the current station. He stated he agrees with the Port St. John board. Peter Filiberto noted the agenda report states that due to the pandemic, the final meeting took place on September 24, 2020, and asked if the committee met less frequently because of the pandemic. Ms. Campbell replied yes. Mr. Filiberto asked if more information could have been provided if not for the pandemic. Ms. Campbell replied no, there were the regular amount of meetings, there was just had a break in the meetings until COVID-19 was under control. Motion by Ron Bartcher, seconded by Brian Hodgers, to acknowledge the Port St. John Small Area Study with the exception of Recommendation 1. The motion passed unanimously. Result: APPROVED WITH CONDITIONS Mover: Ron Bartcher Seconder: Brian Hodgers Public Comment Adjournment Page 11 of 12

March 8, 2021 In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing special accommodations or an interpreter to participate in the proceedings, please notify the Planning and Development Department no later than 48 hours prior to the meeting at (321) 633-2069. Assisted listening system receivers are available for the hearing impaired and can be obtained from SCGTV staff at the meeting. We respectfully request that ALL ELECTRONIC ITEMS and CELL PHONE REMAIN OFF while the Planning and Zoning Board is in session. Thank You. This meeting will be broadcast live on Space Coast Government Television (SCGTV) on Spectrum Cable Channel 499, Comcast (North Brevard) Cable Channel 51, and Comcast (South Brevard) Cable Channel 13 and AT&T U-verse Channel 99. SCGTV will also replay this meeting during the coming month on its 24-hour video server nights, weekends, and holidays. Check the SCGTV website for daily program updates at http://www.brevardfl.gov. The Agenda may be viewed at: http://www.brevardfl.gov/Board Meetings Page 12 of 12