Palm Bay Special City Council Meeting: Key Decisions and New Legal Challenge

Council Approves Budget Adjustments, Discusses Development Proposals, and Faces New Lawsuit

Jun 26, 2024

PALM BAY, FL — The Palm Bay City Council convened for a special meeting on June 25, 2024, to address several pressing issues, including budget adjustments, development proposals, and a newly revealed lawsuit against the city. Here are the key takeaways from the meeting:

Recognizing Community Achievements

The meeting began with three proclamations recognizing important community events and achievements:

Juneteenth: Mayor Rob Medina formally recognized Juneteenth, the annual celebration of the emancipation of enslaved African Americans in the United States.
Code Enforcement Appreciation Week: The City Council honored the hard work of code enforcement officers by proclaiming June 3rd through June 7th, 2024, as Code Enforcement Appreciation Week.
Parks and Recreation Month: July 2024 was declared Parks and Recreation Month, highlighting the value of parks and recreation facilities and activities for Palm Bay residents.

Public Hearings on Development and Land Use

The City Council held public hearings on several development and land use proposals, each followed by a vote:

Self-Storage Facility and Rezoning: The council heard a request for a conditional use permit (CU23-00019) to allow a self-storage facility on a three-acre parcel west of Cogan Drive and north of Melbourne-Tillman Water Control District Canal 42. The property is currently zoned GU (General Use Holding District). The applicant, Kathleen Jones Trustee; PSP of Brevard, LLC; and RRLC, LLC, also requested the property be rezoned to CC (Community Commercial District). Both the conditional use permit and the rezoning request were approved unanimously by the council.
Palm Bay StorNow Subdivision: The council considered preliminary (PS24-00002) and final (FS24-00003) subdivision plat approval for a two-lot commercial subdivision called 'Palm Bay StorNow'. The property, located north of Malabar Road and west of St. Johns Heritage Parkway, is currently zoned CC (Community Commercial District). Both the preliminary and final subdivision plat approvals were granted with a unanimous vote.

Critical Business Items

The council addressed several critical business matters:

Extension of Conditional Use Commencement Period: The council reviewed and approved Resolution 2024-20, which extends the commencement period for a conditional use granted for a retail automotive gas/fuel sales site located at the northeast corner of St. Johns Heritage Parkway and Emerson Drive NW. This extension allows the project to move forward without expiring.
Settlement Agreement with Community Asphalt Corp.: The council approved a settlement agreement with Community Asphalt Corp. to resolve a dispute stemming from the construction of the St. Johns Heritage Parkway. For more details on this legal dispute, refer to our previous article: Legal Battle Unfolds: Community Asphalt Corp. vs. Palm Bay Over Unpaid Fees 💸🏛️.
Budget Workshop Scheduling: The council discussed and scheduled budget workshop meetings for July 11, 2024, and August 22, 2024.

New Lawsuit: Davis vs. City of Palm Bay

During the reports section of the meeting, it was revealed that the city is being sued by Donovan G. Davis and Diana Davis, trustees of the Donovan G. Davis Trust, along with JD Heavy Equipment Sales and Services, LLC. The lawsuit, filed in the Circuit Court of the Eighteenth Judicial Circuit in Brevard County, alleges inverse condemnation by the city.

Key Allegations:

Flooding Issues: The plaintiffs claim that the city's construction activities have caused flooding on their property by directing stormwater into a ditch owned by the Davises without proper easements or compensation.
Driveway Access: The lawsuit also alleges that the city's road elevation changes have made it difficult for the plaintiffs to access their property safely, necessitating the construction of an extended ramp.
Traffic Restrictions: The restriping of Babcock Road has allegedly restricted access to the plaintiffs' property, further diminishing its value and usability.

The plaintiffs are seeking full compensation for the alleged taking of their property, including severance damages, attorney's fees, and costs. They have also requested a jury trial to determine the appropriate compensation.

Final Thoughts

The special council meeting highlighted the city's ongoing efforts to manage its budget and development projects while also revealing new legal challenges. The outcome of the Davis lawsuit could have significant implications for future city projects and property rights in Palm Bay.