I don't know. >> [music] [music] [music] [music] [music] [music] [music] >> Hallelujah. >> [music] >> o'clock. If everyone would please stand for the pledge of allegiance and Mr. Hopping Garden, would you please lead
us? >> Certainly. I pledge allegiance to the flag of the United States of America and to the stands one nation indivisible with liberty and justice for
all. [clears throat] [clears throat] >> Okay. This is the planning and zoning board 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 April 2nd, 2026 at 5:00 p.m. 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 exparte communication regarding any application, please disclose so now. >> I I told you about mine, right? >> Yes. >> I'm good. >> Well, you want to 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. All right. I'm going to need a motion for approval for the PNZ minutes from February 16, 2026. >> Move for approval. >> A second. >> Got a motion by Debbie, a second by
Erica. All those in favor say I. >> I. >> Any opposed? That passed unanimously. I've been asked if we could move item H3 to the top of the list and we will be doing that.
So, if we could go with item H3 first. Item H3 is Merit Bitco SPV LLC being represented by Kim Rzena request a zoning classification change
from AU with a BSP to RU-2-15 and RU-2-30 with removal of BSP under application 25Z000054 located in district 2. Mr. Zanka, is this new information?
>> No, sir. It's not. >> Then why are you handing it to us? >> Because no one printed it. It's too big. >> Ask me to your name. >> Yes, sir. For the record, >> Kim Rosena with the law firm of >> take one of these
>> Lacy Rosena in Melbourne, Florida. Here on behalf of Merit Vidco and the contract purchaser, Rangewater, um 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 uh staff. We just
printed them because we know you wouldn't have printed them big and just so you have them in case you have any questions. Um the question I believe Mr. Hoping asked me is regarding new evidence, not necessarily new information. So uh you get lots of new information at these hearings as you're
aware. Uh I wanted to start um with introductions. I have with me a traffic engineer from Bowman, Trent Ebersaw, the uh contract purchaser, Representative Rangewater, U Mike Oliver, and then the engineer of record, Kyle Chastine, also
with Bowman. Uh we are back here because at planning and zoning we talked about BDP conditions but there wasn't a formal BDP. We also did a traffic information study or traffic impact study that compared what could be at this site with
the CUP of the hospital and what we're proposing with the 222 apartments that was presented too close in time uh 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 u 400 pages or so to the county uh the traffic engineer has been in discussion with uh traffic staff um 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, uh, 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, it was a 77 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 reszoning uh from um AU to RU 215 on 7.5 acres and RU230 on 3.66 acres. That 3.66
acres is on Courtney 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 those buffers um and actually having larger buffers. um with the
concept plan and as in the BDP 22 units are or 222 units are being sought three stories a one-story clubhouse um the average is 19.75 units per acre the BDP terms have been formalized and that includes the turn
lane extension uh the reduced building height of three stories instead of potentially four reduced unit count from 240 to 222 increase eastern setbacks, maintain landscape buffer along the north property line, across access easement
onto Pioneer Road, proportionate fair share agreement if necessary. Uh the biggest thing is the Pioneer turn lane extension which you have the turn lane extension diagram which will be further explained by the traffic engineer.
uh regarding the addendum that was presented um by staff which in my opinion contradicted the original staff report. Um I do need to address a few things on that. Uh first uh there's a claim that this
roadway is that we are creating a deficiency in the level of service on Courtney Parkway and we're not. It's a non-deficiency. We're not changing the level of service from D to something else. So this the what they cited this section 62602B
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 um 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. Uh 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. Then across the street we have a mobile home
park and condominiums. So this is not a a uh incompatible use. And what is also interesting is that that um mobile the assisted living facility uh manor house is indeed a multifamily use. It has 144
beds on 6.62 acres or a density of over 21 units to the acre and it is definitely a multi- multifamily use. There's also several instances of RU230 in this area of Merit Island. There's some just about a half a mile to the
west. Uh there's about four instances of RU230 in Merit Island and it's usually next to RU215 or it is a transition from commercial. So that is uh also not um necessarily correct that this is not a compatible
use. They talk about in the addendum administrative policy for the future land use character of the neighborhood. Uh this project will not introduce traffic into identified boundaries of ilopalas or rangery by the lakes and that's what that administrative poly
discusses. Uh any statements that the character of these two neighborhoods will be material or adversely affected is pure speculation. The access to the project will primarily be state re 3 with some accessing for pioneer road but the residents and guests of the apartment complex will not
be going into range or villaas. Again this area should be deemed transitional and not residential. Um with that I would like to bring up Mr. Oliver to talk a little bit about rangewater and the reason they
want to develop here. Thank you. Hello Oliver. O L I V E R. First name is Michael. Um thank you again for having us here this afternoon. Um, I know we spoke two months ago in front of uh this
meeting and wanted to talk briefly again, reintroduce you to Rangewater and as Kim mentioned, talk a little bit about why Rangewater would like to develop multif family here at this subject property in Merit Island. Rangewater has a proven track record. We
are a multifamily developer and operator. We've had a successful track track record here in Bvard County, in Central Florida, and across the state of Florida. Over the past 15 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 Homebuilders Multif Family Developer of the Year over the past decade. So, I just wanted to
answer three questions that have kind of come up across several meetings, several community meetings, meetings with the neighbors, and at planning and zoning last time. First, why does Rangewater want to build here? We over the past decade, there's been tremendous economic
growth that everyone is aware of within Bvard 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 Bvard County. 3,000 of them sit in Merit Island. They just announced last week they are expanding their facilities on Merit Island with an 800,000 square foot manufacturing facility that'll double their workforce
on at Kennedy Space Center. Similarly, over at Port Canaveral, they've s uh invested significant capital into the facilities over there, and it is now the largest cruise terminal in the world. When you look at multifamily, new
luxury, multifamily communities in Bard County, the majority of them sit here in Vieira. We've developed, as a developer, we've developed two multifamily communities in Vieira. We manage several
others. We understand Bvard County. We look at in terms of from a planning and zoning perspective. I just Googled time to Kennedy Space Center, the gate there, 36 minutes. Time to Port Canaveral, similar. It's like 38 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 the 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 requests 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 monu or memorializes those items. We have agreed to a 50-foot preserved landscape on the north perimeter
um so that Mr. 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 ft. 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 400page 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 um dismissal. Lastly, I want to 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, it used to be owned by Medical Properties Trust. Steuart Healthcare operated the property adjacent to this property, which is a
medical office facility. That same entity owns this 11acre parcel. Steuart Healthcare went bankrupt in 2024. Medical Properties Trust was the owner of the land and Steuart Healthcare leased the property from Medical
Properties Trust. Steuart Healthcare leased the majority of their assets across the United States from Medical Properties Trust. When Steuart 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. It 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 case study and someone could come in and build a 100 bed regional hospital as long as it meets the height requirements. A another commercial developer could come in and propose a large 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 an 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. Um, and we look forward to any additional questions you might have. Thank you. [clears throat] Good afternoon everybody. Kyle Shassin with Bowman. Uh we'll be the project
engineer for this project. Uh Kim and Mike have highlighted several things that we've done on the the site plan. Uh I'm here to reiterate them just to kind of say them all at one time. Um there was discussion of the reduced building height and reduction of number of units from the original proposal from
Rangewater after discussions with the community. Uh there was also increased building setbacks on both the north property line that being 50 ft and we'll preserve as many trees as possible along that property line backing up to those homes. Uh along the eastern property
line we're increasing the building setback uh to 100 ft. Within that setback we're going to do a combination of tree preservation, above ground retention and open space for the development. We're also um doing a cross access
easement on Pioneer uh to combine the access for the existing medical facility that's there with the apartment to reduce the number of conflict points on Pioneer. Um there'll also be wetland preservation. Uh the 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 660 foot protection buffer for the uh documented bald eagle nest uh per FWC requirements. I'll hear for any other questions
regarding the site plan if the board has any. Thank you. Good afternoon. Uh Trent Everso. E R S O L E. I'm with Bowman. Uh we did the traffic study for this development. Um little a little bit about myself. Uh
Florida professional engineer and over 36 years of experience doing uh traffic engineering. I'd like to give a quick summary of the traffic analysis that's been conducted so far. Uh starting with the trip generation based on uh Institute of
Transportation Engineer rates, the 222 dwelling units are anticipated to generate uh generate uh 1,379 daily trips, and that's 85 in the morning and 115 in the PM peak hours. As Kim mentioned, we also did an
analysis comparing this to the conditionally approved hospital use. Um and the hospital would generate about four times as many trips in the uh in a day in the for the daily and um also
four times as many morning peak hour trips and about a little over three times as many PM peak hour trips. Um the pro the analysis looked at three alternatives for access. Um
they're in the study they're actually numbered 0, 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. Uh 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. uh and 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 um as long as our
driveway aligned with the driveway on the opposite side of Courtney Road, which which is the current plan. Um so the impact analysis, we looked at uh segment analysis and intersection analysis. Uh, three segments were looked at on Courtney Road from Pioneer Road to
the south um ramps on to 528 and the um and then the link between the the the south ramps and the north ramps. And then we also looked at Pioneer Road uh east of of Courtney Road
for the daily segment analysis uh on Courtney Road along the [clears throat] site. the no build without the site the uh anticipated volumes in 2027 will use about um 95% of the roadway capacity. So it is above
that 85% threshold but less than the theoretical capacity. The site trips would use uh would represent about 2% of the roadway capacity. So that would take the V overc to 97% still under the capacity. And and I'll throw in there that again if if the conditional use
hospital were built the capacity would be well above uh or the volumes would be well above capacity at that point. Um on Pioneer Road without this without any development uh 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. Um we also did the intersection analysis. Uh I'll I'll focus on the intersection of Courtney Road and and Pioneer Road.
Um in 2027, there's going to be no difference in the level of service with and without this site. Uh the no build level of service overall for the intersection is a level service B. Uh the north and and southbound approaches uh show as level
of service B and the eastbound and westbound show as level of service E. Uh that's with the existing uh signal timings there. [snorts] Uh when we add in the site traffic, same levels of service, the um delay increases by about
one one second per vehicle. Uh you know in in total that's about in the morning peak hour I think it's 1.3 seconds additional delay and in the PM peak hour it's 7/10 of a second increase. So so very little.
Um so I mean and it's important I think to understand that the additional trips that this uh proposed development would add is is very very small. Um it's about one additional vehicle every two minutes
during the peak hours. That's that's uh one vehicle per signal cycle. I mean to the it's not detectable to the eye if you were watching this without the site and with the site uh developed you you wouldn't notice any change whatsoever. And in fact uh now getting to the cues
uh the the diagram that's been provided the top the top one is um the no build scenario where the red cars represent the cues from the ths and lefts. uh 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 that um adds delay to the right turns and actually to the left turns as well because what's not represented in the diagram is uh some of those blue cars would be up a little farther. You'd have
more uh throughs and lefts stacked behind the right turns that can't get into the right turn lane and it's it's additional delays for everybody. So, the project's proposing to greatly extend the right turn lane to around 400 ft. This will allow all of the right turns to get into the turn lane, reducing the
the delays for the entire approach. Um, uh, 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, 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 wanted to let the board know that someone from traffic is here to answer any questions. >> Okay, Mr. Henry. >> Um I'm debating on whether the public
ought to speak and then >> that may coincide with some of our questions. >> Let's do let's go first. >> I was hoping we could answer some of the public's questions. So we >> Okay,
>> just by a show of hands, who is here to speak for or 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. >> We'll take the public last. Hopefully, we can answer some of the public's
questions by doing this. Right. >> Truly, there's not much new from when we were here last time. It's been formalized. Uh we have the traffic [clears throat] studies. There's been some new information presented, but nothing else has changed. >> I just want to, excuse me, go over a
couple things. >> So, we've reduced the building height >> from they originally had wanted to do four floors. Yes. Which would have put greater setbacks. >> We have either met or exceeded the setbacks.
>> Correct. The PSP required a 50ft setback to the east. We've now gone to 100 ft. We have wetland preserved. >> Yes. >> And if a hospital was to go in here, it's going to be a greater impact
>> over 5,000 trips per day and they could they could have higher height than closer setbacks. >> So, I was 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. [clears throat] >> Correct. Onion. Yes. >> On Pioneer. I'm sorry. That's all I've got. Let [clears throat] 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 going to talk to the 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 resoning? >> Yeah. uh five single family residences um across the site. That's not including
the uh or under the BSP. So they can develop under the existing BSP or five single family residents under a AU zoning. >> Okay. Where does the number 417 come? I remember that from the last time we
converged. I >> 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. >> That's 15. That's the future land use by
>> Okay. >> So, uh um in any case, the there's res 15, but the the zoning is AU. >> Okay. >> So, yeah, I know what we can do on 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 because I might have missed something with SB 180 because that does tie our hands in a lot of our buildings. So,
>> um, absolutely nothing. Uh, the Senate did pass, um, I think it was SP280. There was a a potential fix to the issues we're having with SP 180. It's obviously a larger bill and there's a lot of different aspects to it. Uh but it it failed to be taken up or was
failed to be passed in the house. So, uh appears to be dead. >> But so, so then it says that we can't have any high density, you know, on Bard's barrier island. We were this isn't a something that we could build
even. Is that my misunderstanding or >> No, the pro this the is the the section of SB 180 that's been problematic for Bvard County is is that section that says you can't do more anything more restrictive or burdensome.
Um 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 appeared 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. Um I don't know of any regulations that would have been in the comp plan that would have made it either easier or harder to develop the site. I don't think it really as far as I'm
aware it has no impact on okay >> this application. Just wanted to make sure and also because it does affect us down in district three. Sure. >> Thanks, sir. >> Thank you.
>> Uh you the traffic engineer. Yeah. I read your dossier all and I don't want to say all 480 pages, but it's been a long time since I read one like that. But, uh, I know that intersection pretty well. I
knew when it was dirt, I knew when it wasn't there, which doesn't mean anything. Um, and geometrically, I'm trying to I looked at it numerous times
because I think it's so critical as we do here, and it's not unique to Merit 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 haven't gone out there and measurement measure. That's
not my job. why we can't have an exclusive left, a through, and a right. I I I do understand without you answering there's a monstrous poll there. There is enough money in the
United States to move that poll, 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 mas want him to turn left.
>> Yes. [clears throat] So, shared through left is certainly not ideal. Uh the challenge here is to fix that problem on the on the east leg on the westbound 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 ofway. Um, and you know, even just looking at potential signal modifications to allow those left turns to go, >> you without a left turn lane, you can't have the left arrow unless you go to
split phasing. I I don't know. Everybody's level of knowledge is different, but that that is something that FOD just doesn't allow anymore. >> They're they're not allowing split phases. >> Well, they they really don't like them. I
understand, but that would have solved my problem or what I think's a major problem there. I mean, you know, you got star I don't need to tell you Starbucks, you got the bank in there, you got the the car wash, you got the the mamas are trying to get out of
there, the people are trying to go to work, and they're going to put this uh median in there. And it's honest to Pete, it's not going to get better. It's going to get worse. And uh so you've looked at it. So >> right,
>> I I understand [clears throat] what you're saying. >> Do we have any other questions for traffic? >> Yes, >> sir. >> Come back. How much time do I have? >> Two minutes. >> Um
the Department of Transportation just came out with a new road improvement program putting medians on Courtney. You familiar with that? >> Yes. >> Okay. And did you notice that they also want to add a traffic light at um Via
Del Rei? >> Via Delina >> Arena. You familiar with that? >> Uh 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 Carol 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 11th and the other was January 27th, a Tuesday and a Thursday. Is that correct? >> You're talking about for the for the data collection? >> Yes. >> Yes. >> Okay. Is that enough for a traffic study? >> Traffic counts are typically >> if everyone could please hold their
we're going to everyone's going to have a chance to talk. >> The standard is to count for just one day. >> Just to count for one day. >> Yeah. As long as it's a 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 it would typically just be one day of counts.
Yes. >> Okay. So, it was only those two days. Um, I noticed in your data that you had uh 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 um really anticipated uh by those studies. Also,
the um 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 want to go that way and also may be 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 the ALF that and you haven't answered any of my questions. I'm just you can when you're when I'm done. Um 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 going to 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 want to stand by your your traffic study?
>> I'll Yes. I I'll stand by our methodology. I'm not really sure. I mean, our trip generation, everything that we've done was is either based on the methodology [clears throat] 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 um it's not an exact science. It's based on decades of data and and many many iterations of experts refining analysis process. So, uh, 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 the 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 you will see regardless of any of the other things that you're discussing. >> So if you have four times as many as much traffic as what we're proposing,
whatever impacts you're you're foreseeing are going to be four times as bad. >> I don't understand. What do you mean? The 1300 vehicles a day that we're proposing to generate with the 222
dwelling units has an impact about 2% of the Courtney road. I'm just throwing a number out there. One one thing that it'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 the only thing better is zero. If if you believe that the lot will never be developed, then I guess there is a better scenario, >> you know. Um, 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. >> Okay. >> Okay. All right. Um, I noticed you No, that was that was in the traffic study, too. Uh 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? All right. It doesn't matter. Um,
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 going to 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. >> The um so those are the three
alternatives that I that mentioned. Uh the three access alternatives that were considered um along Pioneer there were basically two different uh uh 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. Uh and that's that's the alternative that um I believe is moving forward. >> Okay.
>> If I could speak to that, we negotiated a crossaxis easement. >> If you could get near the microphone, please. >> Yes. We were able to negotiate a cross- access seizment with the owner of the medical office facility to allow for exit at that entrance 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.
>> They own the medical office facility as well. Yes. >> Okay. So it's from the lender. >> Correct. >> All right. So they are they anticipating selling another property? >> There's potential that they might, but at this point, you know, they are are talking [snorts] to the existing owner
or tenants of the of the facility. >> Thank you. Um, let me see if I can get any more traffic out of you. Um, screen wetlands. That's the other one. Traffic light. Okay. I want to talk to the engineer, please. Thank you.
>> We I've got a traffic real quick. This is just in staff notes and it says a 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. So again on Courtney Road site traffic uses about 2% of the roadway capacity and on
uh Pioneer Road about 4%. >> So nowhere near 25% of the roadway capacity on any of the facilities that we analyzed. Yeah. >> So, this is a question to staff because it was noted um it's on page 85 on the
bottom part and it says also relating to traffic concurrency, Bvard County Code section 62-602F6B states the threshold capacity restrictions described in se subsection F6A
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, and then it says in bold, the proposed development would utilize more than the
allowable 25% of the remaining capacity. >> Yes, ma'am. Uh Peter is going to speak to that. Um what I have is that there are two segments on North Kourtney Parkway. regards 152 and 155 that will
exceed the 25% capacity. >> Hi. So, uh Peter Win, um traffic engineer with the county. Um I'm here on behalf of uh Karina Gam who couldn't be here. She's a um program manager. She's out sick and I'll try to answer as many of those questions as possible. Um so
our um the ordinances state that when uh a development comes in a site plan cannot exceed 25% of the remaining capacity um of the roadway. So on North Courtney Parkway from Pioneer to the south ramps at 528 and then uh Courtney
from the south ramps to north ramps. Um from the study there's um the project is expected to uh have 855 trips in the first segment and 662 trips in the second segment which both exceed um 25%
of the remaining. There's um bas so there's a 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
um 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. Um we discussed this uh we notified the Bowman
with the last submittal um at on March 6 or so. Uh we acknowledged that all traffic related comments were addressed. However, um there was this outstanding concurrency concern which would be addressed normally with a formal um site plan or subdivision submitt which would
proceed, you know, uh depending on whether this resoning was approved. >> Thank you, >> Kimber. I'd like to further clarify. I just handed you out the entire 62-602, which is what this comes from. And as I
mentioned, this is a preliminary evaluation for reszoning. They're talking about site plan, which we're not at site plan. If you, if you recall, Mr. Menibu asked me, we don't usually require you to design your project at zoning. This one has been. So, um, they have met with traffic. They've submitted
three traffic studies. They 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, Mr. um Eversaw was
talking about the hospital. The hospital be would be five times the capacity and we would not have to come back to this boy for the hospital. >> Okay, I want to continue. >> Okay, Mr. John, >> for the engineer, please. [snorts]
>> Can you spell your last name, please? >> Sure. It's Shastine. S H A S Ten. >> Thank you. Um let's first of all talk about wetlands. The current maps on the county website show that twothirds 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
are you guys going to do? Uh, I believe it's going to be similar to the handout that you received today with the um >> 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, I don't know if the the wetland
map that you were referring to uh matches the wetlands that were actually delineated by St. John's >> Darcy. It Yeah, I'll let Darcy speak. No, we're not. >> Good afternoon. I'm Jane Hart with Var County 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 twothirds of that land is wetlands.
>> There are indicators that there are wetlands on site. That's why we would uh we've requested an environmental assessment/delineation from an environmental professional. Um they said that they have uh delineated
wetlands on site and are getting their permitting. Um, we haven't received a permit yet, though. >> You haven't reviewed that? Okay. >> All right. Okay. So, that's in question. Okay. Um, let's see. >> If they did impact wetlands, they would
be limited to the 1.8%. >> Which means how many acres? >> It's I think they're 11 point something acres. you have to convert that multiply it by 43560 to get square feet per acre and then multiply that times uh the 1.8%
98% and you'd get how many square feet that they could >> So, off top of your head. >> No, no, I'm I'm okay. Um, >> can I address wetlands real quick? >> Sure. So, as the developer, we noticed that
there were wetlands on the property um at the outset of our due diligence of the property acquisition, and we had our our consultant go out, flag the wetlands, and we have had St. John's River Waters Management District go out
and confirm those flags. Those were memorialized in a survey and confirmed with St. John's River Water Management District. We have not submitted them to the county at this point because [snorts] we are waiting to go, you know, for this reasonzoning approval to go through. As we worked through the
conceptual plan, we have been very um consistent with making sure that we did 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 um west of building number four, >> right on
between buildings number two and building number four in the parking lot by building number two. 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 [clears throat] s east 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 um for the maps that you see on GI GIS maps to not actually
reflect what's um 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 um those are the wetlands that we're referring to. >> Okay. I agree with what you're saying.
We the maps that they have are not 100% they're very old by the way. Right. >> So it's it's good that you've looked at that. >> Um >> you're showing two means of egress from this property. You're showing directly onto Courtney, right, on the north side.
>> And then you're showing the one onto Pioneer, correct? >> Mhm. >> Okay. And this is not a gated apartment complex, correct? >> No, sir. >> Okay. Um, okay, that's all I have for you. Thank I had in something else, but I can't
remember. Too many questions. >> All right. Thank you. >> Thank you. Um, >> I just want to 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 >> I know it's 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 will have on the >> neighborhood? This is a zoning issue. I
know it's not a design issue. I don't know if we're capable on this staff to ask technical questions, >> but I just want to bring it back to the board. They're asking for a zoning change. I understand the public's concern. My biggest concern about this
whole project was traffic. You've answered that because if they put a hospital up here, it's 100. And Kim, can you come back to the mic, please? How many rooms or beds is it? 122 beds or >> it's 100 beds. Could be three stories because you could have parking underneath. You could have parking garage separately. You could have over
5,000 trips. >> Well, my biggest key thing is when you said it was going to be four times >> the impact than if we >> pass this zoning. Correct. >> Yes. >> Do you agree Bard County traffic?
um without the hypothetical numbers present, I I 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 >> you could put houses, you could put >> you could put storage facility. Come on. You could do anything there. If uh you know any any res any uh development that breaks
>> um or exceeds capacity has to reimburse the county in some way, shape or form, whether that's um building uh you know required improvements or a prop share or some other mitigation. >> Okay. Uh does anyone on the board have any
questions for engineering or >> I have a question for the CEO. Okay, [clears throat] >> just a general question if you would. Why apartments instead of condos? >> Yes. And I I believe uh
>> 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 metropolit you know your New York's Miamiis Bostons of the world condo development has really hit a pause since 2008 2009 just because it's a very risky asset class. Um, 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
six figures from one of the space organizations, private and public, to live when they don't necessarily want to own and be committed to a a home. The average home priced in Merit Island right now is is approaching $500,000.
So, 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 a 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. You look at the different organizations and you know, different organizations within Bvard County, they promote housing diversity. They promote the need for different forms of housing for the employment and
the growing employment within Bvard 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 Bvard County is
experiencing. And general, I have one one comment I'd like to make that I [clears throat] studied about traffic on the uh on this project. If it came to that, I'm not that'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 reszoning application requesting a PD with fourstory buildings and um 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 RU215 and RU230 to align with the comprehensive plan, Brevar County's
comprehensive plan that is dated almost 40 years ago. So here we are 40 years later trying to reszone a property that 40 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 40 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. >> [clears throat] >> My comment about traffic is just just as a point. I I I did a a thing just through my own interest on a similarssized development with [clears throat] condominiums
and also similar size development with apartments. And the interesting part about it is when you go out there in the morning or even midm 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. It's 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. Yeah. But but to answer uh to to get back to that point at 20 at 222 you you cannot if that option was made available to you, you would not be able to lower that density and make sense financially for you.
>> It would be challenging. Yes, we've already reduced it to a point that it it Thank you very much. >> Thank you. Mr. Neil. >> Yeah. I just had a clarification question because there was a comment that was made that if if this didn't that this project wasn't approved that
um 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 Miss Rosena and then staff. Would a hospital have to come back to this group for approval or could they just put it up?
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. >> Mr. Chairman, >> Mr. Ron, >> uh, had a couple questions for the engineer on traffic. Um,
the difference between the increase from 2026 to 2027 is what? Just more people coming to Florida. >> I apologize. The increase, >> the increase from the 2026
to existing to the 2027 no build. We talking about lial service for the intersection >> the same. >> No, it's it's there there's there's a 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 just wondering if that was just because we have more people coming into Florida and that's what the increase was. All right. Sorry. Lots of pages. So for existing at Courtney Road and the
and the um the eastbound onoff ramps, the existing level of service is E in the morning and a B in the afternoon and >> can can you define what those levels are? [sighs]
>> Uh somewhat. So a level of service F is failing. That's above the theoretical capacity. level service E is approaching the capacity. But in 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 you won't have to 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. Um, D, it's still not stopand go conditions. It's pretty getting pretty full, but again, you're going to get through every cycle, uh, every signal in one cycle. Um, it's
e E is full is getting full, but you're not beyond the ability to get through an intersection in one cycle. If that helps any. Um so again at that at those ramps I mean the the analysis still is um the same and
existing as it is all the way to the build scenario. >> Uh so you're saying that adding these 1379 trips will have no effect on those ramps. Now is that because it's so small the effect is so small it's not
measurable or is there is you know is it 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 Fs, you get what's cons 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, 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. Um, now there is a room. I mean, we haven't really gotten into another Well, let me let me let me 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. Um and you know every every measure has a threshold right there is an exact line where it
crosses over from from ED to E to for example um and but but each level of service is a range. So you can increase the delay by a second uh and and be an E and still be an E or maybe you're right at that threshold and you're an E and
you get that add that one second and now you're over to an F. Um, that's that's case by case and I apologize. You asked another question. I was about to answer and then I backtracked. >> No, it's I I the the diff the increase, I'm sure, is just because we're getting
more people in. I'm sure that's >> And by the time as you move out from the source, the traffic dilutes. >> Yeah. >> 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. >> Yeah. I just wanted to be sure I understood that because that's >> the people at your your your client base is they're going to be working in the space center. So, they're going to be going that way, >> right? I mean, the distribution we used
was based on existing patterns and it's >> was um effectively a 60/40 split. Like 60% of the traffic is oriented towards the north and 40% to the south. >> That's interesting. I'm expecting to be a lot higher. >> Thank you.
>> Do we have any other questions from the board >> for the traffic engineer or the I'm going to 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 going to give everyone two minutes. And uh sir, if you want to 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 Lo, 2562 Sykes Creek Drive. Thank you for allowing me two minutes. I appreciate it. And uh I'm coming before you today
because I think that all of you know that we have a comprehensive plan in Bvard 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 want to go from five to 222.
This does not conform with the comp plan whatsoever. The group is also saying that if they don't have RU230 or RU 215, they can't make money. The
uh responsibility of your board and of us citizens who oppose this resoning, it's not for us to help them to make money. We're not against them making money by any means. if they want to build build five houses and sell them,
that would be just fine. No problem at all. But we should not uh break our comp plan for a special interest. And this appears to me uh to be a special interest. I'm also wondering if the constant mentioning of a hospital is a
foregone conclusion or is it just fear-mongering because we have a brand new hospital going up in Merit Island. health first. Now, does a a hospital want to come in and compete against that? I don't know. But I hope that uh
you will take what I've said very seriously and uh stand by the comp plan that exists and oppose this resoning. Thank you. >> Thank you, sir. [applause] >> 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 McClaskkey, 1899 Sykes Creek Drive. McClaskkey is spelled MCC LY. Uh, first, I'm not opposed to 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. Um, I was looking forward to almost uh more single family homes being built there because we knew somebody would take it. Uh, we know about the traffic issues. Um, I had heard from one of my friends that looked at the data that that one of the surveys
was done on Friday from 2 to 4:00 p.m. Well, school gets out on Fridays at 1:30. So, um, that would have been understated if that's correct. Um, couple of personal examples real quick. If you 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. uh recently trying to exit Pioneer about 15 to 20 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. Uh
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'll add more to Pioneer. Next on Courtney, it's my understanding that traffic data, you've pointed out some of the limitations or some perhaps
some of the uh misstatements that that um uh might be on there. Uh and the fact that it is exceeds limits in certain areas is a particularly scary thing. Um when the barriers are up, that's going to force more cars, as you mentioned,
force more cars turning north, um 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 going to get out to get to the left turn lane. >> Okay. Thank you, sir. >> Last thing is just in spite of all,
>> sir, I'm sorry, but we're going I'm just giving two minutes. >> I understand. I understand the 2,000 people that have signed the petition against it. You should know about also the voting members. >> Ma'am, would you like to speak? [applause]
>> Okay. My name is Chelsea TR, last name is T R UE. I am a nearby resident and I'd like to briefly address three of the criteria this board is asked to consider when evaluating a resoning 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 weighing. 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 222 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 resoning request at this scale and intensity is appropriate and compatible
at this location. Third, infrastructure and access remain unresolved. North Courtney 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 resoning, 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 going to be six figure tenants. There's going to be access, but there's no proof right now. >> Okay. Thank you. [applause] >> Anyone else would like to speak for or
against this item? Yes, ma'am. My name is Danielle Dude. It's spelled D U L Ude D. Chairman and board members, today I speak for the people of Merit Island and every existing homeowner in Bvard County. The families who built this community and already paid for roads, drainage, schools, fire, and police services. This resoning from
agriculture use to RU 215, RU234, 222 multif family units on 1124 acres not responsible re redevelopment. It is subsidized growth that will force us at taxpayers to foot the bill for the developer's profit while our quality of 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 BVARD's own comprehensive plan. The capital improvements element in chapter 13 of Bard's comprehensive plan could not be clear. Bvard County should not consider financing needed capital improvements
with impact fees and other forms of development exections to ensure the new development pays a pro roach share of infrastructure development costs. Policy 4.5, page 13-7. Bvard 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 13-6. And crucially, building permits may be approved at developer agrees to construct all improvements necessary to
accommodate the specific impacts of the proposed project concurrent with this development. Policy 5.2 to criteria D page 13-9. The plan even warns against subsidizing growth. Limit future expedentials for infrastructure and service facilities which are which serve
to subsidize growth. Objective 3, page 13-6. Transportation facilities must be in place or under actual construction not more than 3 years after the certificate of occupancy. Policy 5.2 criteria C. Yet Bard's own impact fees have not been updated since 2007 and do
not cover actual costs. that results. Existing homeowners pay the difference through property taxes. The 10,000 friends of Florida report puts it plainly. Without the fees, existing residents would in effect subsidize the cost of new development. Page two. This project will do exactly that.
>> Okay. Thank you, ma'am. [applause] >> Anyone else want to speak for against uh well, she had her hand up first or Now, how you turn this quitter on? There's got to be an off on button here somewhere. Turn it on.
>> You can just slide it up. There you go. All right. Let me turn it that way. Let's try these off. Oh, you know
P there. Anyway, I'll figure that out here. There. Now everybody can see. My name is Kimberly Jarvis. J A R V. Like Victor. S like Sierra. I'm a member I'm a volunteer with SP with um
Autobon's Eagle Watch program. I'm also an avid burner if you can see from my shirt. Um I brought last time I was here I brought a map of the uh 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 is two football fields and two first house. That's not very far. Eagles h eagles can see um three miles. They can see a rabbit size
three miles and their hearing 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 burer, I got in next door and asked Oops.
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 learned to fly now. It's learning
to be an owl. That picture was taken in V via Dana or somewhere in village of Palmus. And I was out there last Tuesday and I did hear bird owls. My time's running out, but if you want to give me a few more seconds, I can play this I can play the call that I heard.
>> You You're going to get two minutes. >> Oh, got a phone. My phone. This phone. It always likes to act up where I need it most. Come on now. Let's wash it. >> Okay. Well, thank you, ma'am.
>> 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 wanted 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 for they can purchase with their if for their investment. The medical trips that I just heard
today about there would be more trips in and out being a resident of Merit Island. We do need more medical. And if those medical people would already be living here, it wouldn't be a new 222 or uh units.
The units that are going up behind Merit Island Mall, the 296 units that is expected to be completed in early 2027 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. [applause] >> Yes, ma'am. Uh, my name is Diana Schmer. It's s c ho m. I'm a resident of Merit Island. I use
Pioneer quite a bit and um I live on North Tropical and Andrix and I really appreciate the hard work that many of these people have done. In in my case, I'm acutely concerned with
sewage. Um, 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 um that half cent, oddly enough,
generates $4 million a month. Not one cent 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 scent has gone to upgrade the infrastructure. Sure, they'll have new lines for their project, but they'll be tying into old ones that leak and and
then and then it goes to Sykes Creek and when they have a heavy rainfall, it will leech into the lagoon. Um I think 222 is too much. We're full. We're full. I mean, it is Court Courtney's a nightmare most of the
time now. And when they put that concrete barrier in there, it's only going to make it worse. at least you you have a way to maneuver. Um I don't I don't Thank you for your time. Thank you for hearing us. Thank you. >> But um my neighbors are opposed to this.
They're not here, but they are opposed to it. >> Okay. Thank you. [applause] >> Yes, sir. if you could come on up. >> Yeah, excuse me. My name is John Clamp. I'm Mr. Clamp that was mentioned here sometime earlier on. Um,
>> what Michael? It is Michael, right? >> If you could get near the microphone, sir. Uh, I wanted to point out to Michael that I worked at Space Center. I worked out there for 20 years. Not everybody lives on Merit Island. They live in North Merit Island. They can go out on State Road 3 or what was
State Road 3 into North Bard County. They can two routes into um uh the mainland through 405 into Titusville. There's the Beline off to Orlando. And
there's Merit 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 got to ask you to get near the microphone so we can get you on record. >> All right. 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's 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. Um, that's an obvious one. It It truly
is obvious. But Merit Island is full up. It really is full up. You can't get a quart into a point pot. So, stop trying, please. >> Okay. All right. Thank you, sir. [applause] Any ma'am?
I've got you next back there. Hello, my name is Susan Cole. I live in Merit 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 30 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. Um the people that you also mentioned. Um, so I don't believe that that's a good theory. The other one is the cruise terminals. Um,
people are not going to be moving into apartments to go to on cruises. That's the sillier argument. Um, they mentioned mobile homes and condos. Um, they're not in this area. They're on tropical trailer a little bit further away. Um, I'm I wanted to mention they mentioned
that in November they informed people in our area. That is not true. I don't I live in that neighborhood. I was not informed. We heard through the grape vine. Um there's over 2,000 people on a petition that have signed about this right now. Um and that's just still word
is getting out. I don't know who they say they mentioned. If it's probably their own builders or something, I don't know, but it certainly wasn't the people in the neighborhood. Um I want to mention that uh the hospital versus apartments. Um they it's the apartments
are going to come. they're wanted. They're trying to sell it to the people that are working. Um they all leave at the exact same time. The people who go in um hospitals or medical centers or whatever, they're coming and going. It's not going to be that flux of traffic
that you get at 8:00 a.m. Um uh they're spouting out numbers here and there, but as we heard with the traffic, it's four um four hours in two days that they've studied the traffic. We all know that's not a good accurate picture. Um, the
development is going to bring nothing to the people of Ma of Merit Island that are here now. We already have the stores, the restaurants, everything we need. Um, it's not going to bring us anything. >> Okay. Thank you, ma'am. [applause] >> Yes, ma'am. if you would come on up.
>> Hi. Uh, my name is Peggy Robinson and I live on Rainree Lake Circle. So, um, 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 Merit Island.
When I moved here, I felt at peace and now I feel like I'm being crowded out. Um, I don't know anybody who wants a threestory apartment, eight apartments, 222 apartments built in their backyard
with balconies overlooking their yard, overlooking their house, overlooking their family. Um, Merit Island is only so big. It's only so long. It's only so wide. You can't squeeze everything into Merit Island.
Um, I don't know anybody who is for this. And, um, I don't know how many three-story buildings there are in Merit Island, but I don't think there's very many. Um, and the ones that we do have have a
large buffer. So, you don't you're not on top of a neighborhood. Um, you're not on top of each other. Uh, 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 Merit Island for the rest of my life. Thank you. >> Thank you, May. [applause] Sir, did you want to speak? >> No, somebody just covered what else. >> 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 Los Palmus, which is right behind their backyard. And being 50 ft away doesn't make it's not good enough because of the noise, the
the lights, the the 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 Courtourtney and I was stopped because of the traffic at the Causeway Diner which is 2 miles from my street and it
took 30 minutes for us to get through and this was around 3:30 p.m. All right. And one more thing about the school traffic. I was on Pioneer on a th on a
Thursday again um going north and that's where I saw all the school uh the parents uh cars are all down
uh Lewis Carol Drive and halfway north or west rather on uh 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 and 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 um intersection to turn right andor 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. [applause] [cough] >> Victoria Benvitas. 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. But beyond that, I wanted to talk to the traffic situation. Um 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 Delerena. 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 Delerena and it's heavy with uh
children walking to school. I see them every morning and I do my best to I mean I do I do it I stay within the 20 mph 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 talking that that is just going to get way worse
because these apartment people are also going to find that little work workaround and use that way as well. Then the other situation is 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 Courtourtney backs up way down because the people the line of people that are waiting to turn left on 528 to get on westbound, they 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 going to get even worse. And you add 440ish cars to that situation with this apartment building. That scares me. I have no
other way to get out of my you my area except Pioneer or Via Delena. That's it. There's no other way. Thank you. >> Okay. Thank you. [applause] >> Anyone else want to speak for or against this item? Yes, ma'am. >> Hi, my name is Jenny Eckberg. It's EC CK
Bes and Bravo. E RG. I live on Sykes Creek in Villa Palama. So, um, a couple things I actually drew from this meeting. Um, and one of them that just popped into my head was, um, 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 going to come. And so that definitely backs up Courtney. Um 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 uh
eastbound, I'm sorry, westbound. Um that's going to back up a left lane. Again, backup, backup, backup, backup. Um and then there was something this is maybe more of a question when we were talking about the capacity use uh using more than 25% of the capacity remaining
and we were talking about two trips a day 855 and 662 trips and then the capacity is 2200 and I heard the argument being oh well that's 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 is site plan come after we do the reszoning and the numbers are still going to be the same. Um and then
lastly was um 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 reszoning 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? Um that um and then that the fact that there's twothirds 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 an eagle's nest and still all of this that still needs to be viewed. So anyway, thanks [applause] Last chance. Anyone else want to speak for or against this item?
>> Okay, I'm going to close it for public comment. Uh, Mr. Rosen, if you could come back up. >> Thank you. >> And give you and your team some opportunity to go over the concerns.
>> Yes, sir. Thank you. Again, Kim Rosena with Lacy Rosena on behalf of uh the owner and uh the contract purchaser, Rangewater. Uh I do just going to go backwards to forwards. It's the easiest way because I take notes along the way. Um the wetlands are only about 1 acre.
It's not 2/3. It's been ground proof, but that's again a site plan issue. If uh regarding that 25%, it's very confusing. Again, first time I'd seen it raised in a zoning issue. That's section 62602. I handed you the entire
ordinance. Um the big thing to understand is we're at preliminary evaluation for reasonzoning purposes. Usually a full-blown traffic study has not been done for zoning. Uh we did it here because of the concerns and traffic
engineers here, they've reworked it. They've met with Mr. W. They've met with many people at uh 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 62-602 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 62602 was forformational
purposes only, which actually made the developer do more work to determine if they still wanted to go forward. And they still do want to go forward. Uh regarding lights and noise and the types of people that live in apartments, that's relatively offensive, but uh lights and noises are performance
standard issues and also noise ordinances. So if there are problems then that is taken care of um at the time the performance standards with lights and noise. Again these are luxury apartments. The only other apartments that are new in Merit 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 uh depreciation and value that
requires an MAI appraisal which you do not have any evidence before you today on that. Uh Miss Cole said she was not notified of the meeting. uh 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 um 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 a half a million dollar in impact fees and a proportionate fair
share required would 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
schoolboard issue and u school board should do something about it, but I know they don't um have the ability to do it either. Uh 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 were 24-hour counts. They were done on December 11th, which is a Thursday, and January 14th is a Wednesday. 24 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 comm which allows the
bump up to 30 units the acre. So in 1989, this county thought multif family was going to be on this property. And somewhere along the way in 1983, they put this conditional use 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. Um the again the traffic study was done because of concerns about traffic. Mr. Hoffengard I know you don't believe it but the school busels were counted in it and everything that travels on the road has been counted on it. Um they they've
done the methodology as required by the county and the county has said we're good until you go to site plan. Also with that package I provided to you um the 62-602 if you turn to page 8
and these are all county records. These are all future land use maps. Um this shows the variety of zoning. Actually let's talk about comp plan a little more. Villa delena is residential six. So they thought six units the acre
could go there as well which could have been multif family if chosen to be so. So on page eight that shows the zoning map. He shows um Hampton Manor is written on it and AU is a property um 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 a mixeduse neighborhood because you have all of the commercial along the corridor there.
Page nine, just to give you a perspective of where the RU230 is um behind Target with the housing authority, there's also some RU230 south of 520 both east and then um behind the mall,
Harbor Woods. So, 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 in a 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. Uh, in summary, there's no expert or
fact-based evidence, competent or substantial, to not to deny this resoning. This 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.
Property's never developed and has wetlands to preserve. There's a BDP to address any potential negative impacts. is a a bigger buffer to the east and a 50-foot natural buffer to the north which was not anticipated even in the
binding site plan in 1983. The development of this property will not be adverse to the comprehensive plan or the land development comb code and will not be detrimental to immediate neighbors or commercial uses. That we'd request the resoning to RU215 and RU230
with the removal of the binding site plan. And if you have any other questions of our traffic engineer or the engineer or Mr. Oliver or myself, we're happy to answer them. >> Thank you. >> All right. 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 >> that. That's our thing. >> Where does the planning come in? It says planning and zoning. >> It's already been planned. >> And it's already been planned. Uh I have
one one statement to make. I've been in real estate development for 40 years as an architect and I 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 going to have trouble getting out of that property? The the company has decided to come here because it m meets their business model. They have two developments in Vieira
Company which traffic is far worse in Vieira than it is on Merit Island. >> Did they make that? >> Yes, they made that decision. >> No. Did they make the traffic worse? >> Oh, I No, because the county code doesn't allow you to make it worse. >> Okay. >> So, uh 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 stating a fact that you need to look at who's going to be living there and what impact their lives are going to have by I mean you're probably going to build something beautiful which is great. Um the price
might be fine but um Mr. Chairman I I would like to move for denial. >> Okay, we got a motion by John, a second by Ruth for a denial. I'm sure we're going to have to see a show of hands. All those in favor for the denial.
This >> one, two, three, four, five. We have I see six. Is that correct? You can't get your hands up. >> Can you raise your hands up, please? >> One, two, three, four, five, six.
>> Okay, we have seven. >> 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. >> One, two, three, four. >> Seven. >> Is that seven? >> Yes, sir. Seven, seven tie again. We'll communicate that. Yeah, we'll communicate that to the board. >> Seven seven tie each way. Yes, sir.
Thank you. >> Okay. Thank you. Okay. Item H1, >> item H1, >> SFT 4 >> LLC and MOSS 18 LLC being represented by
Stephanie Harris. request a conditional use permit for our alcoholic beverages on premise consumption in conjunction with a tiki bar in a SR zoning classification under application 25Z00
6 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're wanting to 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 want to speak for or against this item?
Ma'am, if you could take a seat there in the front row, if you want to come up, >> sorry. >> 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 Marzelle. 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. Um it's a
deadend street. It's a regular dental in uh development. Um maybe 13 houses, 14 houses. We're um the homeowners association um I know sent in a bunch of um 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. Um there's nowhere to park. The hotel is very small. The resort that
they're calling it is very um small. We have people coming up and down the block. Now, there's also um a bus stop in front of the sub um subdivision which is right across the street from the hotel. Um we're worried about people
coming back and forth the litter and um 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 going to 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 A1A, which we've had many of head-on collisions due to drunk driving on A1A down south of 192. I
don't know how many people are familiar with that area, but it's only one way both ways. Um, it's just we're the residents and myself are very concerned what's going to happen if it gets approved. >> Thank you. >> Thank you.
>> Have a great day. >> Anyone else want to speak for or against this item? I'm going to 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 going to 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. All right. 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. [laughter] Parking is limited.
>> Question, >> Miss Ruth. >> Um, along with this, the tiki bars, are you going to have live music? Um, anything like that? >> Not at this time. No. And then my question for staff, if it's approved, um, would it have to have something saying that they can't have live music
or is that automatically not going to 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 11? I would have to check the noise ordinance to see what that um what the time frame is to limit the noise >> because there's a there's a a bar who has a tiki bar um 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 um single family property that's located there. There also is some vegetation that's already um on the property to the north and 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 2:00 p.m. to dusk, which is typically probably about 900 p.m. 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 memorialize 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.
>> Quick drinking at 6. >> Well, we want to go home. >> Well, yeah. You don't want to disturb the the wildlife there, >> Mr. Chair. Yes. Um, where's your tiki bar going to go? >> On the deck underneath a 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, wouldn't it? [snorts] >> Thank you. I'd like to make a motion to approve,
but maybe put a binding development plan in for the hours of 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 seas
and 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 going to
hold that motion real quick, but what hours are you looking to serve? >> 1 to six. We close at 6. >> You're okay to stop at 6? >> We are. >> Are you okay with that, Erica? >> I'm fine with that. Yeah, >> I'll second the motion.
Okay, we got a motion by Erica with a BDP serving time from 1 to 6:00 p.m. Got a second by Neil. All those in favor say I. >> I. >> Any opposed? >> That passed unanimously. >> Great. >> Good luck with the county commissioners. >> Thank you.
>> I think you should open it up. [laughter] >> Okay. Item H2. >> Item H2 is Ambiwith LLC being represented by Ever Rowley. uh request a change in zoning
classification from AU to RU-1-11 under application 25Z 000063 located in district 1. And Mr. Chairman, before the applicant speaks, I want to make a correction in our staff report.
We do say that um they would not be able to realize um three properties without uh three splits without a variance. However, when we looked at that again, there's a particular configuration of the existing site where they can get
three um 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 R. I stay at 3960
Wanita Street. Um, 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 uh a parcel that is uh 945 of an acre and uh it's right now it's zoned
AU for agricultural uses only. But under that definition, it actually requires it to be 2 acres. or more to uh for what I want to do. So, I'd like to change the variance on it, change the zoning on it to resu-11,
which will allow me to put single family homes on it. Uh when I did the when I made the application, I was told that um there were a few outstanding >> If you could get near the microphone, please sir. Yes, sir. >> 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 uh I first had to combine the properties um do a replatting and submit it to the county and combine it to make it one property. Then uh to get it uh
reszoneed for the RU1-11, I was told I'd have to show how it was going to be subdivided and also to have um engineered drawings, the civil engineering drawings to show the entrances to the properties. I don't I
didn't have this is my first time of being in front of a a zoning comm zoning meeting or you know so I don't have the uh the facil the utilities like that. some of your other folks have had here this morning or this afternoon. But if
you would, this is uh this will show you. >> Well, you might want to take it to them first. And this is >> Okay. Sorry. >> You don't have any traffic problems there, do you? >> No, sir. [laughter]
I wasn't sure you've listened to it for you've listened to it that gum for two hours. I didn't know. >> Not at all. Not at all. >> Staff, is that something you just want to explain to us what's happening there or?
>> Sir, if you if you could grab that. Okay. Oh, he has >> I have it upside down. >> Perfect. >> Okay. This is this this is a property here that's um
it it faces uh West Railroad Avenue here. So it it looks like because you're not speaking into the mic, he has two properties that would be off of Railroad Avenue is I believe it's Railroad
Avenue. He can do this southern piece and entrance in Grassy Grass off of Railroad. And then this northern piece to the top corner here, um he can have an entrance either off of Railroad or um
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 uh 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 got to keep you next to that microphone. You can even pull it over there to you while you're doing that if you want to talk to us. Okay. So, this would show this shows the driveways to the to the individual lots,
>> correct? >> The dimensions of it. It they're more clearly defined on the larger drawings that I have there. And I trying to get [clears throat] 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, sir. >> Mr. John, >> uh, do you have sewer in that area? >> No, sir. So, >> you would want to put it on septic? >> Yes, sir. >> Do you know there's a moratorium on
septic in that area? I wasn't told that. Um, all of the homes um >> they probably are, but on new construction there's a moratorum because of the Indian River. >> You might want to check that just to make sure. >> Well, I did the geotechnical
and >> this was recent within the last eight months I think that they did that. >> That's a certain distance from the Indian River. >> There's a map. Yeah, >> there's a map that'll show you where it is. >> So, just check it. I'm just
clarification. >> Sure. 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, he 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 uh houses which is what's needed for
septic. But I just wanted to make you aware that there is some moratorum and it may include your site and it may not. I I don't know. Okay. >> Okay. We're on Campbell that's the property is actually based on situated on a section of they call Candle Ridge. >> Mhm.
>> And so it's pretty high elevation there. >> Yeah. Yeah. Well, they're just the moratorium is recent like I said and they did that to prevent any more septic 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, a second by Neil on item H2. All those in favor say I. >> I. >> Any opposed? >> That pass unanimously. Thank you so much.
>> Good luck with the county commissioners. Thank you. >> Yes, I did. >> Yes, I did. >> I don't think so. >> Oh, maybe you didn't. [clears throat] >> I'm pretty sure I did, but
Sir, then [clears throat] hold on one second. Sir, if you could state your name and address for the record. >> Arthur, A R T H U R 3744 West Railroad Avenue. >> Okay. >> Now, on this site,
I got this paper here. 3728 is not this site on the corner. That's two pieces of lot. What? I don't know what paper you have, sir. No, the one in your hand.
>> This was the letter from y'all that sent to me to come to this meeting. >> Now, on this here, >> the notice for a reasonzoning. >> He's putting the house on an 0.38 of an acre. 3728
is not this property. It's okay. You will be fired. Can you point to where you're saying the discrepancy is? >> This is 37 20 3728
is a half acre property. >> Yes, sir. But his resoning also includes that piece to the north, those two parcels. All of the properties joined together. >> Yes, sir. Under one D. >> Okay. >> All right then. And that's all I was asking.
>> Okay. Thank you, sir. >> Okay. Thank you. >> Okay. >> Good luck with the county commissioners. >> Thank you, sir. >> All right. >> Well, you >> has everyone signed in?
>> Okay. >> Meeting adjourned. The opinions expressed by any member of the public during any period of public comment do [music] not necessarily reflect the views or opinions of the board of county commissioners of Bvard County, Florida, Space Coast Government Television, or the program sponsor and
are solely those of the presenter. [music] The board of county commissioners of Bvard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim [music] any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public
during any such period. >> [music] [music] [music] [music] [music]