Planning and Zoning Board & Local Planning Agency - meeting_joint_regular

And we don't really have a way to like issue citations to people, right? Which is how you would curb that sort of

The clock, if everyone would please stand for the pledge of allegiance. And Mr. Hoppengarden, would you please lead us? Okay. 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 decision on these items. Items on today's agenda will be heard by the county commission on 04/02/2026 at 5PM. When a motion ends in any kind of a split vote, a roll call vote will be taken to ensure accuracy. As a reminder, each member who makes a motion or a second needs to turn their microphone on so that your voice is on the record. Speakers for public comments on agenda items will be given two minutes. When you come to the podium, please spell your last name for accuracy. At this time, if any board member has had any ex parte communication regarding any application, please disclose so now.

I I told you about mine. Right?

Yes. I'm good. Well, you wanna put it on record?

Yeah. I'll put on record. I met last week with some of the residents of the area. Just open discussion.

Alright. I'm gonna need a motion for approval for the P and Z minutes from 02/16/2026.

Move approval. A second.

Got a motion by Debbie, a second by Erica. All those in favor say aye. Aye. Any opposed? That passed unanimously. I've been asked if we could move item h three to the top of the list, and we will be doing that. So if we could go with item h three first.

Item h three is Merit Bidco SPV LLC being represented by Kim Rezinka. Request a zoning classification change from AU with a BSP to RU dash two dash 15 and RU dash two dash 30 with removal of BSP under application 25Z00054 located in District 2.

Mister Zanke, is this new information?

No, sir. It's not.

Then why are you handing it to us?

Because no. It's too big.

Ask me.

Your name Yes, sir. For the record.

Kim Rozenka with the law firm of take one of these. Lacey Rozenka in Melbourne, Florida here on behalf of Merritt Bidco and the contract purchaser Rangewater. What's being handed to you are concept plans and turn lanes that were sent to you via email that were provided three weeks ago to the staff. We just printed them because we know you wouldn't have printed them vague and just so you have them in case you have any questions. The question I believe mister asked me is regarding new evidence, not necessarily new information.

So we get lots of new information at these hearings as you're aware. I wanted to start with introductions. I have with me a traffic engineer from Bowman, Trent Ebersol the contract purchaser representative Rangewater, Mike Oliver and then the engineer of record, Kyle Shastien, also with Bowman. We are back here because at planning and zoning, we talked about BDP conditions, but there was no formal BDP. We also did a traffic information study or traffic impact study that compared what could be at the site with the CUP of the hospital and what we're proposing with the two twenty two apartments.

That was presented too close in time for staff to review it. Also, there was questions of staff in the addendum that was presented that asked about traffic studies. So there have now been three traffic studies presented on 400 pages or so to the county. The traffic engineer has been in discussion with traffic staff, the engineering staff at the county, and they've had many back and forth about that 85% capacity issue that is the first time I've ever dealt with this issue. So commissioner Goodson asked that we come back here, that you have a formal BDP to look at, that you have the traffic information, that we have a traffic engineer that answer all your questions, and we move forward from there.

As you recall, was a seven seven vote, although it was with a BDP and the conditions that were discussed. So now we're here back with the BDP. I have copies of the BDP if anyone needs it or copy of the TIS if anyone needs it that shows the hospital comparison. Okay. So again, we are here to request rezoning from AU to R U 215 on 7.5 acres and R U 230 on 3.66 acres.

That 3.66 acres is on Courtenay Parkway, which is a major a major roadway as you're aware. We also need to have removal of the binding site plan that says we're supposed to have a hospital there, and it does require buffers, although we are keeping actually having larger buffers with the concept plan and as in the BDP. 22 units are are 222 units are being sought, three stories, a one story clubhouse. The average is 19.75 units per acre. The BDP terms have been formalized, and that includes the turn lane extension, the reduced building height of three stories instead of potentially four, reduced unit count from 240 to two twenty two, increase eastern setbacks, maintain landscape buffer along the north property line across access easement on the Pioneer Road, proportionate fair share agreement if necessary.

The biggest thing is the Pioneer extension, which you have the turn lane extension diagram, which will be further explained by the traffic engineer. Regarding the addendum that was presented by staff, which in my opinion contradicted the original staff report, I do need to address a few things on that. First, there's a claim that this roadway is that we are creating a deficiency and the level of service on Courtney Parkway, and we're not. It's a non deficiency. We're not changing a little service from d to something else.

So this the what they cited, the section sixty two six zero two b f is only if there is a non deficiency. E is if there's a deficiency. So we have a non deficiency, but because of this special code, we take up too much capacity, and then they have criteria for that. And we're working through that. And if we have to do it in stages, which it contemplates in that that ordinance, we will.

But we are not deficient on Courtney Parkway by adding these 222 units. That's a that's a misnomer. It's actually misstated in my opinion in the addendum. As to compatibility of the surrounding uses on page eight of the staff report, they say this doesn't seem to fit in the character of the area that this character is transitioning to mixed use. We have Starbucks, a bank, assisted living facility just to the south, and then across the street, have a mobile home park and condominiums.

So this is not a a incompatible use. And what is also interesting is that that mobile the assisted living facility, Manor House is indeed a multifamily It has a 144 beds on 6.62 acres or density of over 21 units per acre and it is definitely a multi multi family use. There's also several instances of r u two thirty in this area of Merritt Island. There's some just about a half a mile to the west. There's about four instances of r U 230 in Merritt Island, and it's usually next to R U 215 or it is a transition from commercial.

So that is also not necessarily correct that this is not a compatible use. They talk about in the agenda administrative policy for the future land use, character of the neighborhood. This project will not introduce traffic into identified boundaries of Villa De Palmas or Raintree By The Lakes, and that's what that administrative poly discusses. Any statements of the character of these two neighborhoods will be material or adversely affected as pure speculation. The access to the project will primarily be State Reed three with some accessing for Pioneer Road, but the residents and guests of the apartment complex will not be going into Raintree or Villa De Palmas.

Again, this area should be deemed transitional and not residential. With that, I would like to bring up mister Oliver to talk a little bit about range water and the reason they want to develop here.

Thank you, Kim.

Hello. Oliver, o l I v e r. First name is Michael. Thank you again for having us here this afternoon. I know we spoke two months ago in front of this meeting and wanted to talk briefly again, reintroduce you to range Water, and as Kim mentioned, talk a little bit about why Range Water would like to develop multifamily here at this subject property in Merritt Island.

Range Water has a proven track record. We are a multifamily developer and operator. We've had a successful track record here in Brevard County, in Central Florida, and across the state of Florida. Over the past fifteen years, we've developed 27 multifamily communities totaling 7,000 residential units across the state of Florida. We are a national organization.

We have twice been awarded the National Association of Home Builders Multifamily Developer of the Year over the past decade. So I just wanted to answer three questions that have kinda come up across several meetings, several community meetings, meetings with the neighbors, and planning and zoning last time. First, why does Rangewater wanna build here? We over the past decade, there's been tremendous economic growth that everyone is aware of within Brevard County, more specifically at Kennedy Space Center and at Port Canaveral. Kennedy Space Center, both private and public, you know, from a private example, Blue Origin has 4,000 employees across Brevard County.

3,000 of them sit in Merritt Island. They just announced last week they are expanding their facilities on Merritt Island with an 800,000 square foot manufacturing facility that'll double their workforce on Ken at Kennedy Space Center. Similarly, over at Port Canaveral, they've since invested significant capital into the facilities over there and is now the largest cruise terminal in the world. When you look at multifamily, new luxury multifamily communities in Brevard County, the majority of them sit here in Viera. We've developed as a developer.

We've developed developed two multifamily communities in VR. We manage several others. We understand Brevard County. We look at in terms of from my planning and zoning perspective, I just googled time to Kennedy Space Center, the gate there, thirty six minutes. Time to Port Canaveral, similar. It's like thirty eight minutes. That's not very close. So the young engineers, contractors, technicians, this property, this community would serve as a home and an option, a housing for them that's close to their employment. We look at that as a developer. We see the demand.

We see the housing demand, and we see the proximity to those jobs. Similarly, to services, there's Publix target one mile south of this property. It's on a urban arterial corridor, and as a developer, we see the demand for that housing, and we think that it's a an appropriate location and appropriate property for a 222 unit residential community. Second question is what have we done to accommodate the request of the neighborhood and comments from planning and zoning? Kyle, our engineer, will speak our project engineer will speak a little bit to that, but broad level, we have met with the neighborhood back in November.

I've met individually with several of the neighbors to discuss their concerns. And part of the binding development plan that Kim mentioned, basically, monument memorializes those items. We have agreed to a 50 foot preserved to landscape on the north perimeter so that mister Clamp and his neighbors can have the existing mature trees, and we can preserve those over the course of construction. Similarly, on the East Side, on the East property line, we have expanded our building setback to over 100 feet. That's five times what would be required by code.

In response to comments from the neighborhood and concerns from neighbors of units being too close to the property. Trent will speak a little bit about, you know, what we've considered on Pioneer, but we also heard that there's significant concern with congestion on Pioneer Road. We've looked at that. We studied it. We've we've submitted multiple 400 page traffic studies to Public Works, And the result of all that discussion was extending a turn lane on Pioneer to unclog the the backup that happens at that light during, you know, AM and PM peak travel hours and also during school dismissal.

Lastly, I wanna answer the question of what happens to the land if Rangewater doesn't build a multifamily community on the property? To answer that question, I need to backtrack a little bit and give the history of the property itself. The property used to be owned by Medical Properties Trust. Stewart Healthcare operated the property adjacent to this property, which is a medical office facility. That same entity owns this 11 acre parcel.

Stewart Healthcare went bankrupt in 2024. Medical Properties Trust was the owner of the land, and Seward Healthcare leased the property from Medical Properties Trust. Seward Healthcare leased the majority of their assets across The United States from Medical Properties Trust. When Seward Healthcare went bankrupt, medical properties trust was in a world of hurt. A lender took over this property.

That lender is highly motivated to sell this land. So if it's not us, it is someone. And it Kim mentioned that there is existing uses on the site that could be developed as a large footprint medical office facility. Someone could we've done a a case study and someone could come in and build a 100 bed regional hospital as long as it meets the height requirements. Another commercial developer could come in and propose a large biggest big box retailer without parcels.

But I say all this to say, like, the property is going to be sold. It is private property, and there is going to be a owner out there that is trying to develop on this property. We believe that our use is responsible. It is not a significant amount of traffic when you consider it amongst this different uses, and we believe that we've been very respectful in this process trying to hear the concerns of the neighborhood, the community, and planning and zoning staff and this commission to incorporate it into our conceptual plan. So we appreciate you having us here today to hear our case again, and we look forward to any additional questions you might have. Thank you.

Good afternoon, everybody. Kyle Shastin with Bowman will be project. And I that's good building height and reduction of number of units from the original proposal from Rangewater after discussions with the community. There was also increased building setbacks on both the North property line that being 50 feet and will preserve as many trees as

And

And And do that. To

that.

That.

Access for the existing medical facility that's there with the apartment to reduce the number of conflict points on Pioneer. There also be wetland preservation of existing wetlands have been formally delineated by St. John's and we are preserving a vast majority of those wetlands in conformance with the county's code. And we are also providing the six sixty foot protection buffer for the documented bald eagle nest per requirements. Here for any other questions regarding the site plan if the board has any. Thank you.

Good afternoon. Trent Ebersole, e b e r s o l e. I'm with Bowman. We did the traffic study for this development. A little bit about myself, Florida, professional engineer and over thirty six years of experience doing traffic engineering.

I'd like to give a quick summary of the traffic analysis that's been conducted so far starting with the trip generation based on Institute of Transportation Engineer rates, the two twenty two dwelling units are anticipated to generate thirteen seventy nine daily trips and that's 85 and one hundred and fifteen in the PM peak hours. As Kim mentioned, we also did an analysis comparing this to the conditionally approved hospital use and the hospital would generate about four times as many trips in the in a day and for the daily and also four times as many morning peak hour trips and about a little over three times as many PM peak hour trips. Analysis looked at three alternatives for access. They're in the study they're actually numbered zero, one and two, but alternative two is the one that we're looking to move forward with and that is a single access along Pioneer Road, that would be full access and one driveway to the residential along Courtney Road, that access would be right in, right out and a left in and that was coordinated with FDOT and the upcoming improvement project that they have and FDOT indicated that we would be able to get that left turn lane into the site, it would be a southbound left turn lane as long as our driveway aligned with the driveway on the opposite side of Courtney Road which is the current plan.

So the impact analysis, we looked at segment analysis and intersection analysis, three segments were looked at on Courtney Road from Pioneer Road to the south ramps on the 528 and the and then the link between the south ramps and the north ramps. And then we also looked at Pioneer Road east of Courtney Road. For the daily segment analysis on Courtney Road along the site, the no build without the site the anticipated volumes in 2027 will use about 95% of the roadway capacity. So it is above that 85% threshold but less than the theoretical capacity. The site trips would use would represent about 2% of the roadway capacity so that would take the V oversee to 97% still under the capacity.

And I'll throw in there that again if the conditional use hospital were built, the capacity would be well above or the volumes would be well above capacity at that point. On Pioneer Road without any development, the volumes in 2027 would be about 26% of the capacity and with this proposed development, it would be 30% of the of the capacity. We also did the intersection analysis. I'll I'll focus on the intersection of Courtney Road and and Pioneer Road. In 2027, there's going to be no difference in the level of service with and without the site.

The no build level of service overall for the intersection is a level service B, the north and southbound approaches show as level of service B and the eastbound and westbound show as level of service E, that's with the existing signal timings there. When we add in the site traffic same levels of service, the delay increases by about one second per vehicle, you know, in total. That's about in the morning peak hour or I think it's one point three seconds additional delay and in the PM peak hour it's seven tenths of a second increase, so very little. So I mean it's important I think to understand that the additional trips that this proposed development would add is is very very small. It's about one additional vehicle every two minutes during the peak hours, that's that's one vehicle per signal cycle.

I mean to the it's not detectable to the eye. If you're watching this without the site and with the site developed, you wouldn't notice any change whatsoever. And in fact, now getting to the Qs, the diagram that's been provided, the top one is the no build scenario where the red cars represent the queues from the throughs and lefts, they extend well beyond at times, well beyond the length of the right turn lane prohibiting some of the right turns from getting into the right turn lane that adds delay to the right turns and actually to the left turns as well because what's not represented in the diagram is some of those blue cars would be up a little farther, you'd have more throughs and lefts stack behind the right turns that can't get into the right turn lane and it's additional delays for everybody. So the project is proposing to greatly extend the right turn lane to around 400 feet, this will allow all of the right turns to get into the turn lane of reducing the delays for the entire approach.

I

think that pretty much concludes what I wanted to go through,

but I am available for questions. Did I miss anything? Kim, if you could come back up please.

Yes, sir.

Do we have any questions from the board? I'll we'll start with Kim. We'll go to to the engineer or whoever the traffic person you before we turn it over to public comment. Hopefully hopefully, they can answer some of the questions before the public steps in.

Chairman?

Shouldn't

Also, I want to let the board know that someone from traffic is here to answer any questions.

Okay. Mister Henry. I'm debating on whether the public ought to speak and then

Well,

I was hoping it may coincide with some more questions.

Let's us do let's let's go first.

I was hoping we could answer some of the public's questions. Yep. So we Okay. Just by a show of hands, who is here to speak for against this item?

You're the boss, whatever you say.

I say let's go with them first. Kim, let's go with you first. K. We'll take the public last. Hopefully, we can answer some of the public's questions by doing this.

Truly, there's not much new from when we heard last time. It's been formalized. We have the traffic studies. There's been some new information presented, but nothing else has changed.

I just wanna, excuse me, go over a couple things. So we've reduced the building height.

From they originally wanted to do four floors. Yes. And which would have put bit greater setbacks.

We have either met or exceeded the setbacks.

Correct. The BSP required a 50 foot setback to the east. We've now gone to a 100 feet.

We have wetland preserved. Yes. And if a hospital was to go in here, it's gonna be a greater impact.

Over 5,000 trips per day. And they could they could have higher height than closer setbacks.

So was I doing some calculations with your traffic study prior to, and we're increasing this traffic approximately 3%. Is that correct? We're going from 27% to 30%.

That's on Pioneer.

Capacity. Correct. On Pioneer. Yes. On Pioneer. I'm sorry. That's all I've

got. Let me since I got I brought Billy out of a meeting. And This is not a trick question for Billy. So I want to talk to Billy first, and then I'm gonna talk to traffic engineer next. Forget everything you've heard on this on this site. If somebody wanted to build there, how many units could they put in with both of these parcels?

Today before the rezoning. Yeah. Five single family residences across the site, that's not including the or under the BSP. So they can develop under the existing BSP or five single family residents under the a's AU zoning.

Okay. Where does number 417 come? I remember that from the last time we converged. The potential was there that they could put 417 units.

I think we might be getting mixed up with the strata item that was also on the last agenda.

No. It's res 15. That's the future land use.

It's the one I use. Okay.

So in any case, the there's res 15, but the the zoning is AU.

Okay. So Yeah. I know what we can do in AU. Okay.

That's it.

Thank you. Thanks, Bill.

Okay. Billy, before you get too far, can I ask you a question about what happened during session? I could I might have missed something with SB one eighty because that does tire hands and a lot of our buildings. So

Absolutely nothing. The senate did pass. Think it was s b two eighty. There was a a potential fix to the issues we're having with s b one eighty. It's obviously a larger bill. There's a lot of different aspects to it, but it it failed to be taken up or or was failed to be passed in the house. So appears to be dead.

But so so then it says that we can't have any high density, you know, on Brevard's Barrier Island. We heard this isn't something that we could build even. Is that my misunderstanding or No.

No. Problem is this

the ish the the section of S B 180 that's been problematic for Brevard County is is that section that says you can't do more anything more restrictive or burdensome. And because there was a law at the same time or previous law that was passed that also required us to have more restrictive regulations in the South Beaches, those two things those two state mandates appear to be in direct conflict. And so it kind of paused our comprehensive planning process. But I don't know of any impact that that would have on this application whatsoever. This is not in the Barrier Islands.

I don't know of any regulations that would have been in the comp plan that would have made it either easier or harder than it to develop the site. I don't think it really as far as I'm aware it has no impact on this application.

Just want to make sure and also because it does affect us down in district Sure. You know, like

Thanks, sir.

Thank you.

You the trafficking area. I read your dossier, and I don't wanna say all 480 pages, but it's been a long time since I read one like that. But I know that intersection pretty well. I knew when it was dirt. I knew when it wasn't there, which doesn't mean anything.

And geometrically, I'm trying to I looked at it numerous times because I think it's so critical as we do here. It's not unique to Merritt Island. The car the lead car westbound direction is wanting to go straight. 392 cars, mamas, are wanting to turn left. You am am I with you?

I just can't I've tried to ask. I I've gone out there and measurement measure. That's not my job. Why we can't have an exclusive left through and a right? I do understand without you answering. There's a monstrous pole there. There is enough money in The United States to move that pole. But, you know, you would think you could triangulate to where you could let the right people go before they even got to the signal. You you know what I mean? Turn right.

I I just did you look at all that? I mean, it's just I'm not coming up with new information, but it's always a guy in the front, a person in the front. He wants to go straight and the 380 mamas want them to turn left.

Yes. So shared through left is certainly not ideal. The challenge here is to fix that problem on the the east leg, on the west bound approach, you'd have to fix it on the other side of the road as well and it wouldn't be within our ability to do any improvements on the other side with regard to right of way. And, you know, even just looking at potential signal modifications to allow those left turns to go, without a left turn lane, you can't have the left arrow unless you go to split phasing. I don't know. Everybody's level of knowledge is different, but that that is something that f Dodge just doesn't allow anymore.

They're they're not allowing split phases?

Well, They mean like them. They they don't like them.

Yeah. I understand. But that would have solved my problem or what I think is a major problem there. I mean, you you know, you got star I don't need to tell you, Starbucks, you got the bank in there, you got the car wash. You got it. The mamas are trying to get out of there. The people are trying to go to work, and they're gonna put this median in there, and it's honestly, Pete, it's not gonna get better. It's gonna get worse. And so you've looked at it. So Right. I I understand what you're saying.

Do we have any other questions for traffic?

Yes. Sir? We're gonna come back. How much time do I have?

Two minutes. The

Department of Transportation just came out with a new road improvement program putting medians on Courtney. You're familiar with that?

Yes. Okay.

And did you notice that they also want to add a traffic light at Via Del Reine? Via Del Reine. Reine. You familiar with that?

No. I'm not familiar with

that one. Well, they do. Also, by putting in the concrete barrier that they want to do in the median, they're taking away the suicide lane, which means that anybody wanting to make a left turn from an area that does not have a traffic light, and I'm referring to Skyline Road, which is just to the south of this property, that they no longer can do that. So what will happen is people that were using that Skyline Road to get to Courtney will no longer be able to do so going south. They'll have to go around by the school, Lewis Carroll, and then come on Pioneer.

Okay? Which will add additional cars to that roadway. Also, I noticed that in your study, you only had and and correct me if I'm wrong. Okay? It looked like you only had two days that you studied the traffic. One was December 11 and the other was January 27, a Tuesday and a Thursday. Is that correct?

Are you talking about for the for the data collection? Yes. Yes.

Okay. Is that enough for a

traffic study? Traffic counts are typically Please.

If everyone could please hold there, we're gonna everyone's gonna have a chance to talk.

The standard is to count

for just one day. Just account for one day?

Yeah. As long as it's typical no events, I mean, we look to make sure the school's in, there's no holiday, there's no special events in the area. But if it's a typical day, then they would typically just be one day of counts. Yes.

Okay. So it was only those two days. I noticed in your data that you had you're you're showing projections of 10% a year that you took the data from another source, It wasn't your source.

The growth rate.

Okay. The growth rate, which we've kind of thrown into the garbage because of the fact that people are moving down here in droves, which is not really anticipated by those studies. Also, the I noticed that most of your traffic efforts were when everybody's going north to either 528 or to the Space Center. Okay? You really didn't consider what was happening south, which is where all the services are. Okay? The Publix, the Target. Okay? So there'll be a number of people that may wanna go that way and also maybe working that way. Okay?

And go to 520 instead of 528 because 528 might be backed up. Okay? I didn't see that you considered that. Also, I didn't notice if you considered the residences on Sykes Creek, which are east of this property, and their only way out is Pioneer or the roadway that's in the next neighborhood north where there's the new traffic light. Okay?

So you're adding more cars other than your 222, and I don't expect everybody to come out of that apartment project at the same time, but there'll be a lot of cars. Okay? Did you also consider consider the ALF that and you haven't answered any of my questions. I'm just you can when you're when I'm done. The ALF doesn't have much traffic from the residents.

Okay? But the staff does. And the staff comes in at regular intervals, and they're gonna be coming in and going out. And I don't know if you you all considered that or the school buses that are coming out and going in because the school buses always use Pioneer to come out because there's a light. It's safer than to try the suicide lane, okay, which will be gone. Okay? So you've got a nice congestion going on on the intersection of Pioneer and Courtney. Okay? And I looked at your your numbers. I went through both studies.

You gave us two. You gave us one that was 480 pages and then another one for 406. You took out some 71 pages of data. Okay? But I scrutinized it all, and I find it disconcerting that you you're you're taking a low count on what you think the impact of this project will do, and I think it's much greater than what you're projecting. You wanna stand by your your traffic study?

No. Yes. I'll I'll stand by our methodology. I'm I'm not really sure. I mean, our trip generation, everything that we've done was is either based on the methodology that was ironed out with with the reviewing agencies and industry standards. So I I I don't I mean, the trip generation, it's not it's not an exact science, it's based on decades of data and and many many iterations of experts refining analysis process. So to change that project by project is not something I would advise. I think I think our I stand by our methodology.

And did you look at evacuation during a hurricane?

No, that was not in methodology.

Okay. It's something to consider. This is a barrier island. I understand. And we got people coming from the other barrier islands through us.

I'll stand by the fact that as far as development on this lot goes, what we're proposing is one of the lowest impacts we'll see regardless of any of the other things that you're discussing. Are you So if you have four times as many as much traffic as what we're proposing, whatever impacts you're you're foreseeing are gonna be four times as bad.

I don't understand. What do you mean?

The 1,300 vehicles a day that we're proposing to generate with the two twenty two dwelling units has an impact about 2% of the Courtney Road. I'm just throwing a number out there or one one thing that that's 2% of the roadway capacity. If you have a use that generates four times as much traffic, the impact will be four times as

much. Okay.

So I mean, anything better is zero. If if you believe that the lot will never be developed, then I guess there is a better scenario.

You know, and and that was the comment from the developer about the fact that I don't I don't believe that you've bought this property yet, but if you don't, somebody else will. That's all very nice, but they'll still have to come before us.

I see. Okay.

Yeah. Okay. Alright. I noticed you I know that was that was in the traffic study too. There was one document that had a couple of dots on it on the on the area of the building itself. I don't know if that was in the traffic study. Is that just showing the exits from the project? You alright. It doesn't matter. I saw three different site plans on this project, and one of them showed that the let me find it here real quick.

One of them showed that in the setback where you're gonna have your exits were different. One of them had an exit coming straight south. Another one had an exit going west and then south. Which one are you doing? I'm confused.

Yeah. So those are the three alternatives that I that mentioned. The three access alternatives that were considered along Pioneer, there were basically two different subsets if you will. One is a separate driveway for the residential, that's the directly south I think that you're referring to. And then the other was to combine the access of the residential with the existing parcel of the medical facility that's there into just one driveway and that's the alternative that I believe is moving forward.

Okay. If I could speak to that, we

should negotiate a cross access easement.

If you could get near the microphone please.

Yes. We were able to negotiate a cross access easement with the owner in the medical office facility to allow for exit at that entrance Mhmm. So that it would minimize the conflict points along Pioneer. So there would be one exit instead of two.

Okay. Are they the an owner or a tenant? They are the owner. They are the owner. Yes. Okay. Because you had said that there was this

It's the lender the lender that owns

Oh, the lender that

They own the medical office facility as well.

Yes. So it's from the lender?

Correct.

Alright. So they are they anticipating selling that other property?

There's potential that they might, but at this point, you know, they are are talking to the existing owner or tenants of the of the facility.

Thank you. Let me see if I can get any more traffic out of you. That's the other one. Traffic light. Okay. I wanna talk to the engineer, please. Thank you.

Wait. I've got a traffic real quick. This is just in staff notes and it says the site plan or subdivision shall not be allotted more than 25% of the remaining capacity of a facility and then it says the proposed development would utilize more than 25% of the remaining capacity. So that's in staff notes, so that was just a little concerning to me.

I'm not sure what that refers to again on Courtney Road site traffic uses about 2% of the roadway capacity and on Pioneer Road about 4%. So nowhere near 25% of the roadway capacity on any of the facility that we analyzed. Yeah.

So this is a question to staff because it was noted. It's on page 85 on the bottom part and it says, also relating to traffic concurrence, see Brevard County code section 62 dash six zero two f six b states the threshold capacity restrictions described in sex subsection f six a of this section, a site plan or subdivision shall be allotted no more than 25% of the remaining capacity of a facility. And it goes on to say in this, this in bold, the proposed development would utilize more than the allowable 25% of the remaining capacity.

Yes, ma'am. Peter is gonna speak to that. What I have is that there are two segments on North Courtney Parkway, segments one fifty two and one fifty five that will exceed the 25% capacity.

Hi. So Peter Winn, traffic engineer with the county. I'm here on behalf of Karina Gum who couldn't be here. She's a program manager. She's out sick, and I'll try to answer as many of those questions as possible.

So our the ordinances state that when a development comes in, a site plan cannot exceed 25% of the remaining capacity of the roadway. So on North Courtney Parkway from Pioneer to the South Rams at 05:28 and then, Courtney from the South Rams to North Rams. From the study, there's the project is expected to, have 855 trips in the first segment and 662 trips in the second segment, which both exceed, 25% of the remaining. There is base so there's existing conditions, no build, so you grow the growth rates up to the year that they expect to develop and then they add the project traffic on top. So based on the available capacity, in 2027, it's about 2,000 for the first segment and then 1,200.

So you take 25% of that and you compare it to the project traffic you're over. We discussed this. We notified Bowman with the last submittal at on March 6 or so. We acknowledge that all traffic related comments were addressed. However, there's this outstanding concurrency concern which would be addressed normally with a formal site plan or subdivision submittal, which would proceed, you know, depending on whether

I heard.

This rezoning was approved.

Thank you.

Kim Rezank, I'd like to further clarify. I just handed you out the entire 62 dash 602, which is what this comes from. And as I mentioned, this is a preliminary evaluation for rezoning. They're talking about site plan, which we're not at site plan. If you if you recall mister Minibou asked me, we don't usually require you to design your project in zoning. This one has been. So they have met with traffic. They've submitted three traffic studies. They've they've worked with that. And so that is a site plan issue.

They've identified it as an issue. But again, we are not exceeding the capacity even with this development. And I think also mister Eversol was talking about the hospital. The hospital be be would be five times the capacity, and we would not have to come back to this point for the hospital. Okay.

I wanna continue. Okay, mister John. For the engineer, please. Can you spell your last name, please?

Sure. It's Shasteen, s h a s t e e n.

Thank you. Let's first of all talk about wetlands. The current maps on the county website show that two thirds of this site is wetlands. Okay? Now in the different site plans or site drawings that were provided here, you had some with a dry area. You had some with a retention pond. You had some with a a walking trail. Which one you guys going to do?

I believe it's gonna be similar to the handout that you received today with the

Similar. Okay. So I know you we're not supposed to review site plans, but I'm just concerned that how are you going to mitigate all that wetlands?

Well, don't know if the the wetland map that you were referring to matches the wetlands that were actually delineated by St. John's.

Darcy?

Yeah, I'll let Darcy speak.

No, we're not.

Good afternoon. I'm Jane Hart with Barking Natural Resources. We haven't received a wetland delineation.

Can you get a little bit closer, please?

We haven't received a wetland delineation for the project yet.

Okay. But based on the maps that you have on the website from natural resources, it shows two thirds of that land is wetlands.

There are indicators that there are wetlands on-site. That's why we would we've requested an environmental assessment slash delineation from an environmental professional. They said that they have delineated wetlands on-site and are getting their permitting. We haven't received a permit yet though.

You haven't reviewed that. Okay. Alright. Okay. And

And that

we'll many acres? It's I think that they're 11 something acres. You have to convert that, multiply it by forty three five sixty to get square feet per acre and then multiply that times the 1.8%, and you'd get how many square feet that they could

So off top of your head? No. No. I'm I'm joking. Okay.

Yeah. Can I address my real quick?

Sure.

So as the developer, we noticed that there were wetlands on the property at the outside of our due diligence of the property acquisition. And we had our our consultant go out, flag the wetlands, and we have had Saint John's River Water Management District go out and confirm those flags. Those were memorialized in a survey and confirmed with Saint John's River Water Management We have not submitted them to the county at this point because we are waiting to go, you know, for this rezoning approval to go through. As we worked through the conceptual plan, we have been very consistent consistent with making sure that we do not impact more than 1.8% of the total property wetlands. So the pockets of greenery that you see on the conceptual plan are pockets of wetlands that we are preserving.

So between the buildings, you're going to have wetlands. Is that what you're showing me?

There's a pocket of wetlands west of Building Number 4. Right. On between Buildings Number 2 and Building Number 4 in the parking lot by Building Number 2. So that is a pocket of wetlands. That's the predominant pocket of wetlands on the property.

Additionally, there was a very small pocket of wetlands on the very northeast corner, southeast of the clubhouse.

Yeah. According to the maps that I have, that the majority of that top section is all wetlands.

And it it's typical for the maps that you see on GIS maps to not actually reflect what's on the site. Really you have to put boots on the ground, verify what's there and have the water management district delineate those wetlands and we have done that and those are the wetlands that we're referring to.

Okay. I agree with what you're saying. The maps that they have are not a 100%.

They're very old Right. By the way. Right.

So it's it's good that you've looked at that. You're showing two means of egress from this property. You're showing directly onto Courtney, right, on the North Side? Mhmm. And then you're showing the one onto Pioneer. Correct? Mhmm. Okay. And this is not gated apartment complex. Correct?

No, sir. Okay.

Okay. That's all I have for you. Thank you. I had in something else, but I can't remember. Too many questions.

Alright. Thank you. Thank you.

I just wanna bring it back to the board real quick. We are actually they're requesting a zoning classification change. We're getting into wetlands, and we're getting into

We're designing the project for them. I know.

It's No. We're not.

And this is not what we're here for. No.

We're not. We're questioning what they're doing. So what impact it'll

have on the neighborhood. This is a zoning issue.

I know.

It's not a design issue. No. I don't

about this whole project was traffic. You've answered that. Because if they put a hospital up here, it's a 100 and Kim, could you come back to the mic, please? How many rooms or beds is it? A 122 beds?

Or It's a 100 beds. Could be three stories because you got parking underneath. You could have parking garage separately. Could have over 5,000 trips.

Well, my biggest key thing is when you said it was gonna be four times Yeah. The impact than if we Okay. Ask this zoning. Correct?

Yes. We got to it.

Do you agree Yeah. Brevard County traffic?

Without the hypothetical numbers present, I'd would agree that a hospital of that size would would generate significantly more trips than the existing proposal.

So as far as the county and I'm concerned, this would be the least amount of impact for this parcel?

No. Well, it it would just depend in

that houses, you could put you could put storage facility. Come on. You could do anything there.

If, know, any any any development that breaks or exceeds capacity has to reimburse the county in some way, shape, or form, whether that's building the, you know, required improvements or a prop share or some other mitigation.

Okay. Does anyone on the board have any questions for engineering or

Another question for the CEO.

Okay.

Just a general question, if you would. Why apartments instead of condos?

Yes. And I I believe Oh, lost. We discussed this in January as well. The market for condos is since the the GFC in back in 2008, 2009 has been a very challenging business proposition. So outside of major metropolitan, you know, your New York's, Miami's, Boston's of the world's, condo development has really hit a pause since 2008, 2009 just because it's a very risky asset class.

Multifamily provides, especially what we're proposing here with a luxury multifamily community, provides a a housing option for the young, maybe 26, 27 year old that is getting paid 6 figures from one of the space organizations, private and public, to live when they don't necessarily wanna own and be committed to a a home. The average home price in Merritt Island right now is is approaching $500,000. So Mhmm. There's a lot of people that can't afford a a 20% down payment on a $500,000 home. Our average rents at the property for, you know, a two bedroom unit are $2,500 a month.

It's much more reasonable. It's a much more reasonable proposition to pay monthly fee or monthly rent of $2,500 than to pay up a 20% deposit and then pay your mortgage behind that. Mortgage rates are very high right now still, so it's it's a different environment. If you look at the different organizations and, you know, different organizations within Brevard County, they promote housing diversity. They promote the need for different forms of housing for the employment and the growing employment within Brevard County.

This is a a different housing option for to service the the engineers, the technicians, the contractors, nurses, teachers from this growing population that Brevard County is experiencing.

And general, I have one one comment I like to make that I study about traffic. On the on this project, if it came to that, I'm not it's obviously not my decision. When you tossed around numbers, would you are you in a position to be able to lower density?

Sure. So some of our team mentioned that, you know, we originally contemplated a higher density on this property. We were going to go we were going to submit a rezoning application requesting a PD with four story buildings and 240 to 250 units. Per initial feedback that we received from the county, from council, from initial feedback from the community, we backtracked and went to R U 2 15 and R U 2 30 to align with the comprehensive plan, Brevard County's comprehensive plan that is dated almost forty years ago. So here we are forty years later trying to rezone a property that forty years ago staff slated for this use.

So we are you know, if you think about how the community and the county has evolved over the past forty years, for us to only be asking for what the county previously, you know, allotted for this land seems for us to be a responsible and reasonable request. My

comment about traffic is just just as a point. I I I did a a thing just through my own interest on a similar sized development with condominiums and also similar sized development with apartments. And the interesting part about it is when you go out there in the morning or even mid morning, out of the condos because you have either snowbirds or retirees or some people that are working, it's kind of a a little bit of of a flow that comes out at different times in apartments is almost the same time everybody's going to work. So. I mean that's just as a point that I'm keeping in mind when.

There's a conversation about traffic studies here and so on. The answer you to to get back to that point at 2222 you you cannot. If that option was made available to you would not be able to lower that density and make sense financially for you.

It would be challenging us. We've already reduced it to a point that it it would yep.

Thank you very much. Thank you.

Mister Neil?

Yeah. I just had a clarification question because there was a comment that was made that if this didn't that this project wasn't approved that anything else would have to come back to this Board and then another comment was made that if it was a hospital, it would not. I'd like clarification on that from maybe Ms. Ruzanca and then staff. Would a hospital have to come back to this group for approval or could they just put it up?

The hospital on the site that is not included in this request would not have to come back to the board. Their BSP states that they can build up to four stories for a medical facility on that site. So that would not have to come back to planning and zoning.

Thank you.

Ron. Mister chairman. Mister Ron.

I had a couple of questions for the engineer on traffic. The difference between the increase from 2026 to 2027 is, what, just more people coming to Florida?

Apologize. The increase

The increase from the 2026 to existing to the 2027 no build.

We're talking about level service for the intersection? The same.

No. It's it there there's there's difference on the at the ramps.

Oh, at the ramps. Okay. I was keying in I was keying in on the Pioneer Intersection, but I can answer that for you if you just give me a second.

I was just wondering if that was just because we have more people coming into Florida and that's what the increase was.

Alright. Sorry. Lots of pages. So for existing at Courtney Road and the and the the eastbound on off ramps, the existing level of service is e in the morning and a b in the afternoon.

And Can you define what those levels are?

Somewhat. So a level of service f is failing, that's above the theoretical capacity. Level of service e is approaching the capacity but on a level of service e for example at an intersection, generally 95% of the time every vehicle will get through on one cycle, you won't have sit through two red lights, that's at an intersection that's kind of the best way to define the difference between e and f. Level service b is operating, you know, pretty well. C, you're starting to see a little bit of heavy traffic but still doesn't really impede your flow.

D, it's still not stop and go conditions, it's pretty getting pretty full, but again you're going to get through every cycle, every signal in one cycle. It's e e is is is getting full, but you're not beyond the ability to get through an intersection at one cycle if if that helps any. So again, at that at those ramps, I mean, the analysis still is the same in existing as it is all the way to the build scenario.

So you're saying that adding these thirteen seventy nine trips will have no effect on those ramps. Now is that because if so small, the the effect is so small, it's not measurable, or is there is, you know, it's a zero effect?

Well, it's not a zero.

Or or is it just because the level of service is already so bad that it can't get any worse?

No. No. That would be f. If we were showing f's, you get what's consult called a constrained capacity where even the counts really don't you can't rely on the counts any longer because you're only counting as many cars that can get through. But that will show up as an f, not not as an e.

I mean, you your study did show that one of them was an f. So I was just wondering if that was the reason why because once you reached f, it can't get any worse.

Okay. So the one of the approaches on one of the intersections, you're right, is that that one is an f just just over the threshold. Now there is a room, I mean we haven't really gotten into another well, let me let back up. So it's not that there's no impact, there is an impact, it's a second or two more of delay for a vehicle and, you know, every every measure has a threshold, right, there is an exact line where it crosses over from from EDA EDA for example. But each level of service is a range, so you can increase the delay by a second and be an E and still be an E or maybe you're rated that threshold and you're an E and you get that add that one second and you're over to an F.

That's case by case and I apologize. You asked another question, I was about the answer and then I backtracked.

No, it's I thought the increase I'm sure is just because we're getting more people in. I'm sure

that's just what you're

And by the time as you move out from the source, the traffic dilutes. So there's less additional traffic at the ramps than there is at and the reason why I was keying in on Pioneer at Courtney is because that's where the highest concentration is, that's where the largest impact is, the impact gets less as you move out from there.

Right. I just want to be sure I understood that because that's It is real. I know. The people that you're the applicants. Your client base is they're going to be bringing the space center, so they're going to be doing that way.

Right. I mean the distribution we use was based on existing patterns and it's was effectively a sixtyforty split, like 60% of the traffic is oriented towards the North and 40% to the South.

That's interesting. I'm expecting it to be a lot harder. It's the 88.

Do we have any other questions from the board for the traffic engineer there? I'm gonna open it up for public comment. I don't know. By a show of hands, is has anyone in here spoke on this item before? Not today now, but before. Okay. Because I mean, this has all been on record where they came before us before. I mean, we understand the issues. We hear them all, traffic, wetlands, blah blah blah. I just don't want everyone to come up here and say traffic's a problem.

We we realize this. You know? So I'm gonna give everyone two minutes. And, sir, if you wanna start it off, when you come to the podium, if you'd state your name and address for the record and spell your last name.

Good afternoon. My name is Mike Wilson, w I l s o n. 2562 Sykes Creek Drive. Thank you for allowing me two minutes. I appreciate it.

And I'm coming before you today because I think that all of you know that we have a comprehensive plan in Brevard County, and it's meant to make sure that our zoning and building are in compliance with what the county wanted to establish. This group has come before you today and they're asking for a variance because they want to build a project. Right now, it's zoned for about five parcels, five homes. They wanna go from five to two twenty two. This does not conform with the comp plan whatsoever.

The group is also saying that if they don't have r u two thirty or r u two fifteen, they can't make money. The responsibility of your board and of us citizens who oppose this rezoning, it's not for us to help them to make money. We're not against them making money by any means. If they wanna build build five houses and sell them, that would be just fine. No problem at all.

But we should not break our comp plan for a special interest. And this appears to me to be a special interest. I'm also wondering if the constant mentioning hospital is a foregone conclusion or is it just fear mongering because we have a brand new hospital going up in Merritt Island, Health First. Now does a hospital want to come in and compete against that? I don't know. But I hope that you will take what I've said very seriously and stand by the comp plan that exists and oppose this rezoning. Thank you.

Thank you, sir. Sir, if you'd come on up, same thing. If you'd state your name and address and spell your last name for the record.

Hi. My name is Gregory McClaskey. 1899 Sykes Creek Drive. McClaskey is spelled MCC LASKY. First, I'm not opposed to the development. In fact, I was glad to hear about the apartments being built behind the mall, which of course will increase more traffic on Courtney going northbound to commute there. I was looking forward to almost more single family homes being built there because we knew somebody would take it. We know about the traffic issues. I had heard from one of my friends that looked at the data that one of surveys was done on Friday from two to 4PM while school gets out on Fridays at 01:30. So that would have been understated if that's correct.

A couple of personal examples real quick, we try to go home on Pioneer about a half hour before school lets out, the cars are starting to line up on the side of the road and you're forced to drive on the wrong side of the road to get around them. Recently trying to exit Pioneer about fifteen to twenty minutes after school let out to turn left and go southbound, it took three stoplight cycles for me to make that turn. Currently three stoplight cycles. It's also led to a traffic problem that's led many drivers cutting through behind Starbucks and alongside the bank and the car wash to avoid the long delays at the stoplight. In addition, the significant safety concerns for the school children recently Hampton Manor Assisted Living facility started advising elderly residents to be extra careful when walking to the bank or Starbucks because of some near misses from cars that were cutting through on this road.

They won't be able to cut through and that will add more to Pioneer. Next on Courtney, it's my understanding that traffic data you've pointed out some of the limitations or perhaps some of the misstatements that might be on there and the fact that it exceeds limits in certain areas is a particularly scary thing. When the barriers are up, that's going to force more cars as you mentioned, force more cars turning north or more cars turning on to Pioneer to try to get to the stoplight there. I don't know when they expand the right turn lane, how these cars are gonna get out to get to the left turn lane. Okay. Thank you, sir. Last thing is just in spite

of what Sir, I'm sorry, but we're gonna I'm just giving two minutes

to each question. I understand.

Thank you. 2,000 people that have signed the petition against it, you should know about also, the voting numbers.

Ma'am, would you like to speak?

Okay. My name is Chelsea True. Last name is t r u e. I am a nearby resident and I'd like to briefly address three of the criteria this board has asked to consider when evaluating a rezoning request like this. First, compatibility.

The county's own staff analysis states that the proposed use is not consistent with existing patterns of surrounding development which is predominantly single family residential to the east with limited commercial uses along the corridor. That finding matters because compatibility is one of the core factors this board is charged with Wayne. Second, while the staff report notes that the project could be considered a transition between commercial uses and lower density residential, transition can happen at different scales. A two twenty two unit three story apartment complex on roughly 11 acres is not a minor transition. It is a significant increase in intensity at a corner already constrained by surrounding uses, roadway conditions, and neighborhood context.

It has also been suggested that other uses may be possible under the current zoning, but respectfully, the decision before this board is not based on hypothetical worst case scenarios. The question is whether this specific rezoning request at this scale and intensity is appropriate and access remain unresolved. North Courtenay Parkway is already the subject of an active FDOT safety project and access scenarios referenced in the traffic analysis as preferred remain dependent on future approvals that are not yet guaranteed. Proportionate fair share has also been discussed but payment alone does not resolve physical traffic constraints, queuing or safety concerns near an active school corridor. The staff analysis also states that this development has the potential to create traffic impacts that could adversely affect the safety or welfare of residents in the surrounding neighborhoods.

This is not an argument against growth or housing. The question is whether this particular scale at this location is appropriate before those issues are clearly resolved. Once intensity is granted through rezoning, the long term impacts remain even if unresolved details are addressed later at the site plan. I'm hearing a lot of hypothetical arguments here. We can build. They're gonna be 6 figure tenants. There's gonna be access, but there's no proof right now.

Okay. Thank you. Anyone else would like to speak for against this item? Yes, ma'am.

My name is Danielle Delud. It's spelled d u l u d e. Chairman and board members today speak for the people of Merritt Island and every existing homeowner in Brevard County, the families who built this community and already paid for roads, drainage, schools, fire, and police services. This rezoning from agriculture use to R u two fifteen, R u two thirty four, 222 multifamily units on eleven twenty four acres not responsible redevelopment. It is subsidized growth that will force us attack payers to foot the bill for the developer's profit while our quality life decreases.

I urge you to recommend denial or at minimum ironclad conditions that require the developer to pay 100% of all infrastructure upgrades before approval. Infrastructure and growth pays its way straight from Brevard's own comprehensive plan. The capital improvements element in chapter 13 of Brevard's comprehensive plan could not be clear. Brevard County should not consider financing needed capital improvements with impact fees and other forms of development exactions to ensure that the new development pays a pro rata share of infrastructure development cost. Policy 4.5 page 13 dash seven.

Brevard County shall continue to utilize a concurrency management system to review the impacts of all development proposals on existing public facilities to ensure that levels are not degraded below acceptable level of standards. Policy 5.1 page 13 dash six. And crucially, building permits may be approved that developer agrees to construct all improvements necessary to accommodate the specific impacts of the proposed project concurrent with this development policy 5.2 criteria d, page 13 dash nine. The plan even warns against subsidizing growth. Limit future by expenditures for infrastructure and service facilities which serve to subsidize growth.

Objective three, page 13 dash six. Transportation facilities must be in place or under actual construction not more than three years after the the certificate of occupancy. Policy 5.2 criteria c. Yet, Brevard own impact fees have not been updated since 2007 and do not cover actual cost. The results, existing homeowners pay the difference through property taxes. The one thousand Friends of Florida report puts it plainly. Without the fees existing residents put in effect subsidize the cost of new development in page two. This project will do exactly that.

Okay. Thank you, ma'am. Anyone else wanna speak for? Well, she had her hand up for her.

So how do you turn this quitter on? There's gotta be an on off on on button here somewhere. I'm trying to turn it on. You

can just

Now everybody can see. My name is Kimberly Jarvis, j a r v like Victor, I s like Sierra. I'm a member I'm a volunteer with Autobahn's EvaWatch program. I'm also an avid runner, as you can see from my shirt. I brought last time I showed I brought a map of the proposed development along with the 660, 330 foot buffers.

I've enlarged it. And to put it in perspective for some of you people, 660 foot feet is two football fields and two first downs. That's not near far. Eagles had Eagles can see three miles. They can see a rabbit size for three miles, and their herring is equivalent of that of of a human. This project will disrupt the nest. That nest has been there for eight years. Also, being a birder, I got in next door and asked oops. Alright. Oops.

There. There are owls on that property. Somebody on next door was kind enough to send me a picture of a fledgling bird owl, b a r r e d. It's learning to fly. Now it's learning to be an owl. That picture was taken in the the via Durena or somewhere in the village of Thomas. And I was out there last Tuesday, and I did hear bird owls. My time is running out, but if you wanna give me a few more seconds, I can play this I can play the call that I heard.

You you're gonna get two minutes. Oh.

Dumb fellow. Come on, fellow. This phone. It always likes to act up when I need it most. Come on. Now it's watching.

Okay. Well, thank you, ma'am.

Someone else wants to clean the floor. I was in the.

Ma'am, you had your hand up next.

Hello. My name is Madonna Bailey, b a I l e y. Many things have been said already, but things I want to stress is, first of all, I'm just one of many of people that couldn't come today because of the time of the day. There's a lot of people moving here for the space industry. I understand they need homes.

We will so welcome five single homes that they can purchase with their for their investment. The medical trips that I just heard today about there'll be more trips in and out, being a resident of Merritt Island, we do need more medical. And if those medical people would already be living here, it wouldn't be a new 222 units. The units that are going up behind Merritt Island Mall, the 296 units that is expected to be completed in early twenty twenty seven has not even been considered in this study, which we know they'll be going right down Courtney to go to the space centers. We love our island.

The traffic is getting to be ridiculous and like you've heard from so many today. Just hope you take in consideration that we do welcome people to our community, but we do welcome the five single homes, the American dream. Thank you.

Thank you, ma'am. Yes, ma'am.

My name is Diana Schommer. It's s c h o m m e r. I'm a resident of Merritt Island. I use Pioneer quite a bit, and I live on North Tropical And Andrics, and I really appreciate the hard work that many of these people have done. In in my case, I'm acutely concerned with sewage.

I understand that Sykes Creek has the capacity for this project, I'm told that it does, but it still has spills. It has spills when it rains a lot, and that always goes into the Indian River Lagoon. We all voted for a half cent tax to clean up the lagoon. As far as I can tell, it has made no difference. It has not improved one iota, and that half cent oddly enough generates $4,000,000 a month.

Not 1¢ has gone to fixing sewer lines or replacing old ones. They did a few years ago do a couple of studies in Catalina Isles and Hampton Homes, and 65 of those sewer lines leak. They leak. Has anybody done anything about it? No.

Not one red cent has gone to upgrade the infrastructure. Sure, they'll have new lines for their project, but they'll be tying in the old ones that leak. And and then and then it goes to Sykes Creek and when they have a heavy rainfall, it will leach into the lagoon. I think 222 is too much. We're full. We're full. I mean, it is Courtney's a nightmare most of the time now, and when they put that concrete barrier in there, it's only gonna make it worse. At least you you have a way to maneuver. I don't I don't thank you for your time, Thank you for hearing us.

Thank you.

But my neighbors are opposed to this. They're not here, but they are opposed to it.

Okay. Thank you. Yes, sir. If you could come on up.

Yeah. Excuse me. My name is John Clamp. I'm mister Clamp that was mentioned here sometime earlier on. Well, Mike, It is Mike. Right?

If you could get near the Mike's phone service.

I wanted to point out to Michael that I worked at Space Center. I worked there for twenty years. Not everybody lives on Merritt Island. If they live in North Merritt Island, they can go on State Road 3 or what was State Road 3 into North Broward County. They can two routes into the Mainland through 405 into Titusville. There's the beeline off to Orlando, and there's Merritt Island, and then there's places further south. You're not stopping anybody moving into this area by building or not building condos here. Makes no sense.

Sir, I gotta ask you to get near the microphone so we can get you on record.

Alright. Well, I I just didn't go along with the reason that the apartment blocks were needed. There's all kinds of opportunity to build properties. On another issue, much more personal, I guess, I was a real estate broker. And anybody that thinks something like this does not devalue single houses is not paying attention.

This would. Now I happen to live directly on the woods. I figure my property is five or 10 above the average for the same house. Take that away, and you're you're you're actually costing me money, and I'm sure that there are a few other people here that would also cost them money. Regarding the traffic, that's an obvious one. It it truly is obvious, But Merritt Island is full up. It really is full up. You can't get a court into a point pot, so stop trying, please.

Okay. Alright. Thank you, sir. Any ma'am, I've got you next back there.

Hello. My name is Susan Cole. I live in Merritt Island. My husband and I are recently moved here. We're one of the people that you're talking about for working for the space industry for thirty years coming down here all the time. We do not rent yearly apartments. We rent on the beach. We rent nearby where the contractors are paying us. The people that you also mentioned, so I don't believe that that's a good theory. The other one is the cruise terminals. People are not going to be moving into apartments to go to on cruises. That's a silly argument. They mentioned mobile homes and condos. They're not in this area. They're on tropical trailer a little bit further away.

I'm I wanted to mention they mentioned that in November, they informed people in our area. That is not true. I I live in that neighborhood. I was not informed. We heard through the grapevine. There's over 2,000 people on a petition that have signed about this right now, and that's just still word is getting out. I don't know who they say they mentioned. It was probably their own builders or something. I don't know, but it certainly wasn't the people in the neighborhood. I wanna mention that the hospital versus apartments, they it's or the apartments are gonna come there.

One is they're trying to sell it to the people that are working. They all leave at the exact same time. The people who go in hospitals or medical centers or whatever, they're coming and going. It's not gonna be that flux of traffic that you get at 8AM. They're spouting out numbers here and there. But as we heard with the traffic, it's four four hours in two days that they've studied the traffic. We all know that's not a good accurate picture. The development is going to bring nothing to the people of Merritt Island that are here now. We already have the stores, the restaurants, everything we need. It's not gonna bring us anything.

Okay. Thank you, ma'am. Yes. Ma'am, if you would come up.

Hi. My name is Peggy Robinson, and I live on Raintree Lake Circle. So we've been talking a lot about numbers, a lot of numbers today. And I'd like to talk about maybe just the feeling that you have when you come to Merritt Island. When I moved here, I felt at peace, and now I feel like I'm being crowded out.

I don't know anybody who wants a three story apartment, eight apartments, 222 apartments built in their backyard with balconies overlooking their yard, overlooking their house, overlooking their family. Merritt Island is only so big, it's only so long, it's only so wide, you can't squeeze everything into Merritt Island. I don't know anybody who is for this, and I don't know how many three story buildings there are in Merritt Island, but I don't think there's very many. And the ones that we do have have a large buffer, so you don't you're not on top of a neighborhood. You're not on top of each other.

They're set back, And there's a reason for that, and it's called congestion. I'm not in favor of congestion. I'd like to live my life peacefully here in Merritt Island for the rest of my life. Thank you.

Thank you. Sir, did you wanna speak?

No. Somebody just covered what else was.

Okay. Do we have anyone else? Ma'am, I think you went up first, and I got you next.

Hello. I'm Hazel Banks at 131 Las Palmas, which is right behind their backyard. And being 50 feet away doesn't make it's not good enough because of the noise, the the lights, their their rentals. We all know type of people that come to rentals, and they're not the quiet people that we want. So there's that and the traffic I was coming down from Orlando last Thursday, and I came across KSC down Courtney, and I was stopped because of the traffic at the Causeway Diner, which is two miles from my street, and it took thirty minutes for us to get through, and this was around 03:30PM.

Alright? And one more thing about the school traffic, I was on Pioneer on a Thursday again going north, and that's where I saw all the school the parents' cars are all down Lewis Carroll Drive and halfway north or west rather on Pioneer. And like the other person said, the people that wanted to drive south couldn't because of the the school traffic waiting to get in it. There was about a mile and a half of school traffic and the buses coming from the school to go to the flight to the intersection to turn right and left or go straight. And also, a builder came to my apartment and a similar he was at a similar unit and the people next to it couldn't sell their house because they knew of all the noise that the apartments were making.

Thank you, ma'am.

Victoria Benavides. I live on Sykes Loop Drive, and I work here. You can see my shirt. And I work in the utilities department. So my one concern somebody mentioned is sewage because I know Sykes is at capacity. Capacity. But beyond that, I wanted to talk to the traffic situation. I do not go down Pioneer because of the buses and all the parents sitting there waiting. So morning rush hour traffic, I go around to Via De La Reyna. I think there are a lot of people who do this.

And then I go right onto Courtney and get on 528. Now the other issue so that's one thing is because that's a tiny little street Via The La Arena, and it's heavy with children walking to school. I see them every morning, and I do my best just I mean, I do. I do it. I stay within the 20 mile per hour speed limit that's on that street because I know that, but I also know that there are a lot of people who just zoom down that road.

Now you're just talking that that is just gonna get way worse because these apartment people are also gonna find that little work work around and use that way as well. Then the other situation is is the the median on Courtney. So if you have not been on that area during rush hour, then you do not realize that that median on Courtney backs up way down because the people, the line of people that are waiting to turn left on the 528 to get on westbound. They line up in that median. So now also, f Dot oh, I'm sorry, f dot is going to put up a median there, a hard median so that the cars can't do that.

Now we're talking it's gonna get even worse, and you add 440 ish cars to that situation with this apartment building, that scares me. I have no other way to get out of my my area except Pioneer or Via Dolorina. That's it. There's no other way.

Thank you. Okay. Thank you. Anyone else wanna speak for or against this item? Yes, ma'am.

Hi. My name is Jenny Eckberg. It's e c k, b as in bravo, e r g. I live on Sykes Creek in Villa De Palma. So a couple of things I actually drew from this meeting. And one of them just popped into my head was the drawbridge. That does occasionally on the half hour has the ability to go up at on whim. You can't tell the boats when and where they're gonna come. And so that definitely backs up Courtney. That kind of plays into the other conversation of when they put the median in and the people in the turn lane trying to get on 528 eastbound I'm sorry, westbound.

That's going to back up a left lane. Again, backup, backup, backup, backup. And then there's something this is maybe more of a question when we were talking about the capacity use using more than 25% of the capacity remaining, and we were talking about trips a day, eight fifty five and six sixty two trips and then the capacity is 3,200 and I heard the argument being, well that's if you're doing the site plan. So I don't really know where site plan comes into play, but I'm just looking at the numbers and that this was well above this 25% capacity. So just kind of reiterate that maybe someone needs to look into that.

So I mean, the site plan come after we do the rezoning and the numbers are still going to be the same. And then lastly was, you know, the the argument about having a hospital, and I just kind of I I don't know enough about that, but when wouldn't it still require rezoning if this 11 acres is zoned AU? If you're putting a hospital there, are they talking about the current infrastructure, the current building that they're going to build that up to maybe three or four stories hypothetically if they do put a hospital there that and then the fact that there's two thirds of that is also wetlands and wouldn't that still need to be reviewed. So again, we got this hypothetical of this hospital that may or may not go in and still impacting and still in eagle's nest and still all of this that Okay. Still needs to be viewed.

So, anyway, thanks.

Thanks. Last chance. Anyone else wanna speak for or against this meeting. Ahead meeting. I'm going go close I'm and give you and your teams some opportunity to and go over the concerns.

Yes, sir. Thank you. Again, Kim Rozenka, Laci Rozenka on behalf of the owner and contract purchaser, Rangewater. I do just gonna go backwards to forwards. That's the easiest way because I take notes along the way. The wetlands are only about one acre. It's not two thirds. It's been ground proof, but that's, again, a site plan issue. If regarding that 25%, it's very confusing. Again, first time I'd seen it raised in the zoning issue, that section sixty two six zero two, I handed you the entire ordinance.

The big thing to understand is we're at preliminary evaluation for rezoning purposes. Usually, full blown traffic study has not been done for zoning. We did it here because of the concerns. And traffic engineers here, they've reworked it. They've met with mister Wynn.

They've met with many people at at traffic. And right now, we're not going to make the level of service on Courtney worse or the intersections worse. And that's the standard. Regardless with the 62 dash six zero two, if we do go to site plan and if we are taking up more than 25% of capacity, it can be phased, It can be proportionate fair shared. Roadway improvements can be made.

So the sixty two six zero two was for informational purposes only, which actually made the developer do more work to determine if they still wanted to go forward, and they still do wanna go forward. Regarding lights and noise and the types of people that live in apartments, that's relatively offensive. But lights and noises are performance standard issues and also noise ordinances. So if there are problems, then that is taken care of at the time the performance standards with lights and noise. Again, these are luxury apartments.

The only other apartments that are new in Merritt Island are the ones that are going in behind the mall. Also, those were already in development when this project came forward. So all their traffic impacts have been accounted in the methodology that was in the traffic study that was here. About depreciation and value, that requires an MAI appraisal, which you do not have any evidence before you today on that. Miss Cole said she was not notified of the meeting.

Our office pulled the 500 foot radius for the community meeting, and it did go to the HOA because they had property in it too. And there were quite a few people there, and we've had a number of meetings since that time as well. Regarding paying for growth as it comes along, this project, if approved, would pay over half $1,000,000 impact fees and a proportionate fair share is required to be another 200 or $300,000 and improvements will be made. There will be a turn lane going into the project. There will be an extended turn lane on Pioneer, which again should cure some of these problems with stacking on Pioneer.

Pioneer is only at 30% capacity. This really seems to be a school board issue and school board should do something about it, but I know they don't have the ability to do it either. The access onto State Road 3 is an FDOT issue. It's not a county issue. State law doesn't require a site plan even to be held up without an FDOT permit.

So that is something again at a site plan issue. The traffic counts for twenty four hour counts. They were done on December 11, which is a Thursday, and January 14 as a Wednesday, twenty four hours. They also did it specifically to count the school times because that was raised at several of the meetings. Let's go back to the comprehensive plan.

The comprehensive plan is residential 15 and neighborhood commuse commercial which allows the bump up to 30 units the acre. So in 1989, this county thought multifamily was gonna be on this property. And somewhere along the way in 1983, they put this conditional for medical office and clinic. So it's either or or it could be five homes, but it's been this way since 1983 with this conditional use permit and half you know, 11 acres has not been built. So there's some reason this hasn't been built.

It doesn't make sense to do AU there. This one was a holding category, and the comp plan is for 15 units the acre bumped up to 30 units the acre. The again, the traffic study was done because of concerns about traffic. Mister Hopingarten, I know you don't believe it, but the school buses were counted in it and everything that travels on the road has been counted on it. If they they've done the methodology as required the county, and the county has said we're good until you go to site plan.

Also, with that package I provided to you, the 62 dash six zero two. If you turn to page eight, and these are all county records, these are all future land use maps. This shows the variety of zoning. Actually, let's talk about a little more. Villa Del Reyna is residential six.

So they thought six units of the acre could go there as well, which could have been multifamily if chosen to be so. So on page eight, that shows the zoning map. He shows Hampton is written on it and AU is a property to the north. The AU property that's left is all undeveloped land. It's intended to be something other than agriculture.

You don't usually have farms with pigs and horses in a residential neighborhood. Actually, mixed use neighborhood because you have all of the commercial along the corridor there. Page nine, just to give you a perspective of where the R U 230 is behind target with the housing authority. There's also some R U 230 South Of 520, both east, and then behind the mall, Harbor Woods. This is just a little bit of a perspective.

I think I'm missing a page. So the compatibility, this is an infill project. This is going to fill any gap of luxury apartments, people moving here can't afford to buy a house as Mike Oliver explained. Harbor Hampton Manor is assisted living facility, which is also multifamily. It's even further to the East.

In summary, there's no expert or fact based evidence competent or substantial to not to deny this rezoning. There's there is compatibility. Traffic is not interfering to the extent that it would require proportionate fair share at this time because we're not decreasing the level of service. Properties never developed and has wetlands to preserve. There's a BDP to address any potential negative impacts.

It's a a bigger buffer to the east and a 50 foot natural buffer to the north, which was not anticipated even in binding site plan in 1983. The development of this property will not be adverse to comprehensive plan or the land development comb code and will not be detrimental to immediate neighbors or commercial uses. That would request the rezoning to R U 215 and R U 230 with the removal of the binding site plan. And if you have any other questions of our traffic engineer or the engineer or mister Oliver or myself, we're happy to answer them.

Thank you.

Alright. Well, Kim, while you're still there, does anyone want another shot at miss Kim? But, board, we need to realize too here. We're here for zoning. That's why we call it. That's our thing.

Where does the planning come in? It says planning end zone.

It's already been planned.

And it's already been planned. I have one one statement to make. I've been in real estate development for forty years as an architect and we're always concerned on our projects is the end user. And I didn't notice any comments regarding the the consideration to the residents that will be there. I mean, if if the traffic is like you say it's going to be, aren't those people have trouble getting out of that property?

The the company has decided to come here because it meets meets their business model. They have two developments in Viera company, which traffic is far worse in Viera than it is on Merritt Island.

Did they make that?

Yes. They made that decision. No. Did they make the traffic worse? I no. Because the county code doesn't allow you to make it worse. Okay. So the end user, that's a business decision that planning and zoning shouldn't really be involved in.

I'm not. I'm just I'm just Yeah. Stating a fact that you need to look at who's gonna be living there and what impact their lives are gonna have by I mean, you're probably gonna build something beautiful, which is great. The price might be fine, but mister chairman, I I would like to move for this for denial.

Okay.

We got a motion by John, a second by Ruth for a denial, and I'm sure gonna have to see a show of hands. All those in favor for the denial? 12345. We have I see six. Is that correct?

Seven. You can't get

your hands up?

Higher. Higher. Higher.

Can you raise your hands up, please? 123456. Okay. We have 7. And

do not Mhmm. No. So we have

a motion to approve. Do we have a motion to approve?

I'll make that motion.

Second.

Got a motion to approve by Henry, a second by Debbie. All those in favor to approve, raise your hands, please.

12345. 7.

Is that 7?

Yes, sir. 77 tie again. We'll communicate that. Remember?

Yeah. We'll communicate that to

the board. 77 tie each way. Yes, sir.

Thank you. Thank you.

Okay. Thank you. Okay. Item h one.

Item h one. SFT

four

the damn roll call.

LLC and Moss eighteen LLC LLC being represented by Stephanie Harris request a conditional use permit for alcoholic beverages on premise consumption in conjunction with a tiki bar in a SR zoning classification under application 25Z00060 located in District 3.

Is the applicant here? Ma'am, if you could state your name and address and spell your last name for the record.

Okay. Stephanie Harris, h a r r I s. 2600 Summerbrook Street, Melbourne.

And a little bit about what you wanna do?

We're looking to serve beer and wine at the hotel to guests that are staying there.

While you're right there, is there anyone in the audience wanna speak for or against this item? Ma'am,

if you

could take a seat there in the front row. If you wanna come up.

And

when you get to the microphone, if you could state your name and address and spell your last name.

Okay. My name is Suzanne Marzal, m a r s

You can pull that microphone to you. There you go.

Good. Okay.

M a r s z a l. I live on Sandy Shoes Drive. I have two houses there, 130 and 205. 130 is part of the homeowners association, 205 is not. It's a dead end street. It's a bridge for dental development. Maybe 13 houses, 14 houses where the homeowners association, I know sent in a bunch of denials for this request. I did not have the time unfortunately to get my email into your board ahead of time to say that we're denying it. We want to keep it residential, quiet, we're worried about the traffic. There's nowhere to park.

The hotel is very small. The resort that they're calling it is very small. We have people coming up and down the block now. There's also a bus stop in front of the subdivision, which is right across the street from the hotel. We're worried about people coming back and forth, the litter, and just once it's zoned to have this, then we don't know when they if and when they ever decide to sell it, what's gonna happen next.

Also, they're saying that it's only for consumption of the people that are staying there. How do you prove that that's the person that's going up to that bar or tiki bar to have a drink there? Are they going to get back on the road, get back on a one A which we've had many of head collisions due to drunk driving on a one a down south of 192. I don't know how many people are familiar with that area, but it's only one way both ways. It's just where the residents and myself are very concerned what's gonna happen if it gets approved. Thank you.

Thank you.

Have a great day.

Anyone else wanna speak for or against this item? I'm gonna close it to public comment. Ma'am, if you could come back up. Board, does anyone have any questions for the applicant?

I I guess my question would be just to reiterate or how it can be that it's only the people staying there that are gonna be able to be, you know, making use out of this.

Okay. Well, as stated, it is a very small hotel. It only has 16 rooms. I pretty much greet every single person. I would most likely be the one serving it. That's how I can control it.

Okay. Alright. I live in that area. And to be quite honest with you, I wish you would maybe open it up to the public, but thank you.

Limited.

Question. Miss Ruth.

Along with this the tiki bars, are you going have live music, anything like that?

Not at this time. No.

And then my question for staff, if it's approved, would it have to have something saying that they can't have live music or is that automatically not gonna be allowed? How does that work? I'm worried about the noise at night in a residential neighborhood.

Yeah. They would need to meet our performance standards, which include noise.

But that could be what what's a late night? Eleven? I

would have to check the noise ordinance to see what that what the time frame is to limit the noise.

Because there's a there's a a bar who has a TV bar in another place, and it complies with its noise ordinances and and whatnot, and the neighbors still don't get any sleep. So, again, that would be my major concern in a residential neighborhood.

There is residential to the north and where the tiki bar is proposed to be located at on the deck. There's quite a bit of distance away from that single family property that's located there. There also is some vegetation that's already on the property to the north in the single family, and that would buffer some of the noise as well. However, on the application, they did propose that they would only be serving from two PM to dusk, which is typically probably about 9PM in the summer. Again, with with no outdoor music right now.

Can I say something?

Yeah, and I was okay with it because, like my concern is the turtles and things like that, but because of the hours of operation,

I felt more comfortable with it. So It would probably close by six to be honest.

Is that something that could be put in like a BDP or something with the with the cup to memorial ize it, so that's not a concern.

Sure. The board could put a condition on the approval with certain restrictions including time considerations with music. Sure.

Who gets drinking at six?

We wanna go home. Yeah. You don't wanna disturb the the wildlife there. Mister

chair. Yes. Where's your tiki bar gonna go?

On the deck underneath the cabana.

Which is

South or east of the pool?

Yes. Okay.

So you're not going to be on the beach? No. Darn. That would be great.

Thank you.

I'd like to make a motion to approve, maybe put a binding development plan in for the hours operation and noise ordinance. I mean, the noise ordinance you already have a noise, we already have a noise ordinance, we don't need that. But certainly maybe the hours of operation especially during turtle season, things like that.

And we're not trying to disturb the neighborhood at all. It's just to add a little incentive to the guests.

Absolutely. Yeah. Motion to approve given, you know, the hours of operation that she stated.

What hours of operation I'm gonna hold that motion real quick, but what do We're gonna

do

Erica with the BDP serving time from one to 6PM. Got a second by Neil. All those in favor, say aye. Aye. Any opposed? That passed unanimously.

Great.

Good luck with the county commissioners.

Thank you.

I think you should open it up.

Okay. Item h two.

Item h two is Ambywith LLC being represented by Everett Rowley. Request a change in zoning classification from AU to RU Dash1Dash11 under application twenty five z zero zero zero six three located in district them other are are ones that that However, when we looked at that again, there's a particular configuration of the existing site where they can get three three lots without doing a variance.

Okay.

Sir, are you the applicant?

Yes. I am.

If you could state your name and address and spell your last name for the record.

My name is Everett Roll. I stay at 3960 Juanita Street. My last name is spelled r o l l e.

Okay. A little bit about what you're wanting to do here.

I have a apostle that is point nine four five of an acre, and it's right now, it's zoned au for agriculture use agricultural uses only. But under that definition, it actually requires it to have the two acres or more to to for what I wanna do. So I would like to change the variance on it, change the zoning on it to resident RU dash one dash eleven, which will allow me to put single family homes on it. When I did the when I made the application, I was told that there were a few outstanding

you could get near the microphone, please, sir. Yes.

Okay. I'm sorry. When I made the application, I was told that there were a few outstanding issues that I needed to address with it. One was I first had to combine the properties, do a replatting and submit it to the county and combine it to make it one property. Then to get it rezone for the R U 1 Dash 11, I was told I'd have to show how it was gonna be subdivided and also to have engineer drawings, civil engineering drawings to show the entrances to the properties.

I don't I didn't have but this is my first time being in front of us zoning commit zoning meeting or, you know, so I don't have the the the utilities like that some of the other folks have had here this morning or this afternoon. But if you would, this is a this will show you

Well, you might wanna take it to them first. And So

You don't have any traffic problems here, do you?

No, sir.

What's your you've

to it for you've listened to

it that gun for two hours. Didn't know. Not at all. Not at all.

Staff, is that something you just wanna explain to us what's happening there? Or sir, if you if you could grab that. Okay.

So it looks like you're not speaking into the mic. He has two properties that would be off of Railroad Avenue. I believe it's Railroad Avenue. He can do this southern piece in entrance in in grassy grass off of Railroad. And then this northern piece to the top corner here, he can have an entrance either off of Railroad Or Roll Avenue.

And then obviously, the one to the west would have an entrance off of Roll Avenue as well.

Okay. That makes it simple.

Okay. And they wanted me to also address the the driveways to show to get a civil engineering for the driveways, and I have it here.

I gotta keep you next

to that

microphone. You can even pull it over there to you while you're doing that if you wanna talk to us.

Okay. So this would show this shows the driveways to the to the individual lots. Correct. The dimensions of it. It it they're more clearly defined on the larger drawings that I have there. And I'm trying to get trying to get the stuff generated, you know, they wouldn't it's hard to get the surveyors to come out in a timely fashion, and I really I I thank god they were able to get it for me.

Well, we're just a zoning board, so and planning. And planning. Yes. So that that's enough information, I think,

for us.

Okay. Thank you.

Anybody on the board have any questions for the applicant?

Yes. I do. Mister John. Do you have sewer in that area? No, sir. So You wouldn't wanna put it on septic?

Yes, sir.

Do you know there's a moratorium on septic in that area?

I wasn't told that

all of the homes They probably are, but on new construction, there's a moratorium because of the Indian River. You might wanna check that just to make sure.

Well, I did the geotechnical.

This was recent. They were within the last eight months, I think, that they did that. A map.

Yeah. Think yeah.

There's a map that'll show you where it is. Staff So just check it. I'm just Can we have clarification?

So staff included the Indian River Lagoon septic overlay map in the GIS map packet. That's part of the agenda item and it doesn't appear to be included in that area. Now, obviously, when he comes in for building permits, can go through that process, but at least at this point, it doesn't look like his property falls within that area.

Okay. I just wanted to give him a heads up that that might be an issue for him. And you have you have plenty of land to do a third of an acre for each of the houses, which is what's needed for septic. But I just wanted to make you aware that there is some moratorium and it may include your site and it may not. I I don't know. Okay?

Okay. We're on camp. That's the property is actually based on this is situated on the section they call Candle Ridge. Mhmm. And so it's pretty high elevation there.

Yeah. Well, they just the moratorium is recent, like I said, and they did that to prevent any more aseptic going into the lagoon.

Okay. Thank you. Okay. I'll take that on advisement.

I need a motion.

Motion to approve. Second.

Motion by Jared and second by Neil on item h two. All those in favor, aye.

Aye. Any

opposed? That pass unanimously. I'm I'm

if if sure

Oh, maybe you didn't.

I'm pretty sure I did. Then hold on one second. Sir, if you could state your name and address for the record spoke

Arthur, a r t h u r, 3740

that. Be to be

you're to corner. That's two pieces of law.

Well, I don't know what paper you have, sir. No. The one in your hand.