aspect of him buying that property at that time; in 1978 he received the highest designation for
commercial real estate called a Certified Commercial Investment Member (CCIM); his number
was 849, and when he received that number, he was building as a developer, so developing in
Brevard County he knows a lot about; the rezoning request for Tax Account 2600118 owned by
Frank Mastroianni, and pending the application, the property owner by Vision 20 is 330-feet
from the subject zoning; the subject zoning has been zoned BU-1 General Commercial,
RU-2-10 Multifamily cap at six since 1996; and the rezoning application requests a change in
the zoning designation from BU-1 on the acres to RU-2-10, capped at six on the remaining
11.92 acres. He advised the applicant claims in the application he wishes to correct the
inconsistencies currently with the existing Future Land Use (FLU) designation and carrying
forward the intent of six units per acre per density; however, the applicant has presented and
the refusal limited to the entire site to six units on the site; the applicant merely needs to
change BU-1 to RA-2-6, limits the density to six units per acre; to achieve that, the applicant
claims he wants to allegedly build townhomes on six units to the acre for a total 88 units;
RU-2-10 allows single family attachment homes and also allows attached single-family if a
smaller component is commercial per Section 21-06; the inconsistent in the FLU of the entire
14.8 acres should be changed to RES 1; and the problem with the developers statement is he
fails to mention FLU Policy 2.1, that residential development is permissible in the commercial
land and use designations of density up to one category higher than the closest residentially
designated area on the Future Land Use Map (FLUM), which is on the same side of the street
where there are 2.88 acres that can still have 30 units per acre without a commercial use. He
added RES 15 it allows 25 percent density bonus if the developer again attempts a Planned
Unit Development (P.U.D), which would not be limited by the density cap of C to that acre; if the
developer intends to build 157 single-family attached residential town homes on 14.3 of land
east of Highway 1; those extra 88 units are inconsistent and incompatible with the surrounding
area, surrounding with the Comprehensive Plan and development in the coastal area; the
property to the north and the south are high value single-family residents, more specific the
subject’s property is located next five single-family homes to the north, valued from $500,000 to
$1,000,200; and the South Laguna Condominiums are valued at anywhere from $500,000 to
$800,090. He stated he would like to underscore the misleading nature of the developers
rezoning request, the request is removed, the current zoning of BU-1 and RU-10, specifically
with the removal of density cap of six per acre but leaving FLU designation is clearly calculated
to the intent to spread the density of 157 townhouses over the entire 14.8.
Chairman Feltner stated Mr. Gates had said some things that maybe the applicant could
answer.
Commissioner Goodson asked Mr. Prasad if he heard everything Mr. Gates had talked about
and if there is any confusion from the 88 units that Mr. Prasad had mentioned to the 157 units
that Mr. Gates mentioned.
Mr. Prasad replied he believes there may be, 157 is the development potential today if it was
developed under the Live Local Act with the current zoning; and the proposed request actually
brings the development potential to 88.
Commissioner Goodson asked Mr. Gates if he agreed with that.
Mr. Gates replied he does not agree; the developer has not presented to the first rejection of
P & Z and the Commission, now at this P & Z it was eight to four, and the two key things to that
is the developer would not agree to have a site plan…
Commissioner Goodson asked why the developer would do a site plan that would show 88
units until the developer gets the zoning; it is not like he or she is going to go out tomorrow and
start building because the developer will have to submit a site plan; and he asked staff if that is