Planning and Zoning Board / Local Planning Agency on 2026-03-16 3:00 PM - Mar 16, 2026

And we don't really have a way to, like, issue citations to people, right, which is how you would curb that sort of— If everyone would please stand for the Pledge of Allegiance, and Mr. Hoppinggarden, would you please lead us? Absolutely. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, for one nation, under our God, indivisible, with liberty and justice for our hearts. Okay, this is the Planning and Zoning Board slash Local Planning Agency. It's an advisory board which makes recommendations to the county commissioners who will make the final decision on these items. Items on today's agenda will be heard by the county commission on April 2nd, 2026, at 5 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 ex parte communication regarding any application, please disclose so now. I told you about mine, right? Yeah. I'm good? Well, you want to put it on record? Yeah, I'll put it 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 P&Z minutes from February 16, 2026. Move for approval. Second. Got a motion by Debbie, a second by Erica. All those in favor, say aye. Aye. Any opposed? That passed unanimously. I've been asked if we could move item 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 Rizanka. Request a zoning classification change from AU with a BSP to RU-2-15 and RU-2-30 with removal of BSP under application 25Z-00054 located in District 2. Mr. Rizanka, is this new information? No, sir, it's not. And why are you handing it to us? Because I want to appreciate it. It's too big. To your name. Yes, sir. For the record. Kim Rizanka with the law firm of Lacey Rizanka in Melbourne, Florida, here on behalf of Merit Bidco and the contract purchaser at Rangewater. What's being handed to you are concept plans and turn lanes that were sent to you via email that were provided three weeks ago to the staff. We just printed them because we know you wouldn't have printed them big, and just so you have them in case you have any questions. The question I believe Mr. Hoppingarden asked me is regarding new evidence, not necessarily new information. So, you get lots of new information at these hearings, as you're aware. I wanted to start with introductions. I have with me a traffic engineer from Bowman, Trent Ebersole, the contract purchaser, Representative Rangewater, Mike Oliver, and then the engineer of record, Kyle Shasteen, also with Bowman. 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 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, 400 pages or so, to the county. The traffic engineer has been in discussion with traffic staff, the engineering staff at the county, and they've had many back and forth about that 85% capacity issue. That is the first time I've ever dealt with this issue. So, Commissioner Goodson asked that we come back here, that you have a formal BDP to look at, that you have the traffic information, that we have a traffic engineer that answer all your questions, and we move forward from there. As you recall, it was a 7-7 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 a copy of the TIS if anyone needs it, that shows the hospital comparison. Okay. So, again, we are here to request rezoning from AU to RU215 on 7.5 acres and RU230 on 3.66 acres. That 3.66 acres is on Courtney Parkway, which is 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 and actually having larger buffers with the concept plan and as in the BDP. 22 units or 222 units are being sought, three stories, a one-story clubhouse. The average is 19.75 units per acre. The BDP terms have been formalized, and that includes the turn lane extension, the reduced building height of three stories instead of potentially four, reduced unit count from 240 to 222, increased eastern setbacks, maintain landscape buffer along the north property line, across access easement onto Pioneer Road, proportionate fair share agreement if necessary. 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. Regarding the addendum that was presented by staff, which in my opinion contradicted the original staff report, I do need to address a few things on that. First, there's a claim that this roadway is that we are creating a deficiency 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 what they cited, the 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 do it in stages, which it contemplates in that ordinance, we will. But we are not deficient on Courtney Parkway by adding these 222 units. That's a misnomer. It's actually misstated, in my opinion, in the addendum. As to compatibility of the surrounding uses, on page 8 of the staff report, they say this doesn't seem to fit in the character of the area. This character is transitioning to mixed use. We have Starbucks, a bank, assisted living facility just to the south. And then across the street, we have a mobile home park and condominiums. So this is not an incompatible use. And what is also interesting is that that assisted living facility 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 multifamily use. There's also several instances of RU 230 in this area of Merritt Island. There's some just about a half a mile to the west. There's about four instances of RU 230 in Merritt Island. And it's usually next to RU 215 or it is a transition from commercial. So that is also not necessarily correct that this is not a compatible use. They talk about, in the addendum, administrative policy for the future land use, character of the neighborhood. This project will not introduce traffic into identified boundaries of Villa de Palma's or Raintree by the lakes. And that's what that administrative policy discusses. 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 Reef 3 with some accessing for Pioneer Road. But the residents and guests of the apartment complex will not be going into Raintree or Villa de Palma's. Again, this area should be deemed transitional and not residential. 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. Oliver, O-L-I-V-E-R. First name is Michael. Thank you again for having us here this afternoon. I know we spoke two months ago in front of this meeting and wanted to talk briefly again, reintroduce you to Rangewater and, as Kim mentioned, talk a little bit about why Rangewater would like to develop multifamily here at this subject property in Merritt Island. Rangewater has a proven track record. We are a multifamily developer and operator. We've had a successful track record here in Brevard County, in Central Florida, and across the state of Florida. Over the past 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 Home Builders Multifamily 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 Brevard County, more specifically at Kennedy Space Center and at Port Canaveral. Kennedy Space Center, both private and public, you know, from a private example, Blue Origin has 4,000 employees across Brevard County. 3,000 of them sit in Merritt Island. They just announced last week they are expanding their facilities on Merritt Island with an 800,000-square-foot manufacturing facility that will double their workforce at Kennedy Space Center. Similarly, over at Port Canaveral, they've invested significant capital into the facilities over there and is now the largest cruise terminal in the world. When you look at multifamily, new luxury multifamily communities in Brevard County, the majority of them sit here in Viera. We've developed, as a developer, we've developed two multifamily communities in Viera. We manage several others. We understand Brevard 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 a developer. We see the demand. We see the housing demand. And we see the proximity to those jobs. Similarly, to services. There's Publix, Target, one mile south of this property. It's on an urban arterial corridor. And as a developer, we see the demand for that housing. And we think that it's an appropriate location, an 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 memorializes those items. We have agreed to a 50-foot preserved landscape on the north perimeter 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 feet. That's five times what would be required by code. In response to comments from the neighborhood and concerns from neighbors of units being too close to the property. Trent will speak a little bit about, you know, what we've considered on Pioneer. But we also heard that there's significant concern with congestion on Pioneer Road. We've looked at that. We've studied it. We've submitted multiple 400-page traffic studies to Public Works. And the result of all that discussion was extending a turn lane on Pioneer to unclog the backup that happens at that light during, you know, a.m. and p.m. peak travel hours and also during school 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 used to be owned by Medical Properties Trust. Steward Healthcare operated the property adjacent to this property, which is a medical office facility. That same entity owns this 11-acre parcel. Steward Healthcare went bankrupt in 2024. Medical Properties Trust was the owner of the land and Steward Healthcare leased the property from Medical Properties Trust. Steward Healthcare leased the majority of their assets across the United States from Medical Properties Trust. When Steward 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. 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. 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 the different uses. And we believe that we've been very respectful in this process, trying to hear the concerns of the neighborhood, the community, and planning and zoning staff, and this commission to incorporate it into our conceptual plan. So we appreciate you having us here today to hear our case again, and we look forward to any additional questions you might have. Thank you. Afternoon, everybody. Kyle Shastin with Bowman. We'll be the project engineer for this project. Kim and Mike have highlighted several things that we've done on the site plan. I'm here to reiterate them, just to kind of say them all at one time. 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. There was also increased building setbacks on both the north property line, that being 50 feet, and we'll preserve as many trees as possible along that property line, backing up to those homes. Along the eastern property line, we're increasing the building setback to 100 feet. 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 doing a cross-access easement on Pioneer to combine the access for the existing medical facility that's there with the apartment to reduce the number of conflict points on Pioneer. There will also be wetland preservation. 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 documented bald eagle nest per FWC requirements. I'll hear for any other questions regarding the site plan, if the board has any. Thank you. Good afternoon. Trent Ebersole, E-B-E-R-S-O-L-E. I'm with Bowman. We did the traffic study for this development. A little bit about myself, Florida, professional engineer, and over 36 years of experience doing traffic engineering. I'd like to give a quick summary of the traffic analysis that's been conducted so far, starting with the trip generation based on Institute of Transportation Engineer rates. The 222 dwelling units are anticipated to generate 1,379 daily trips, and that's 85 in the morning and 115 in the p.m. peak hours. As Kim mentioned, we also did an analysis comparing this to the conditionally approved hospital use. And the hospital would generate about four times as many trips in a day for the daily, and also four times as many morning peak hour trips, and about a little over three times as many p.m. peak hour trips. The analysis looked at three alternatives for access. In the study, they're actually numbered zero, one, and two. But alternative two is the one that we're looking to move forward with, and that is a single access along Pioneer Road. That would be full access, and one driveway to the residential along Courtney Road. That access would be right in, right out, and a left in. And that was coordinated with FDOT and the upcoming improvement project that they have. And FDOT indicated that we would be able to get that left turn lane into the site. It would be a southbound left turn lane, as long as our driveway aligned with the driveway on the opposite side of Courtney Road, which is the current plan. So the impact analysis, we looked at segment analysis and intersection analysis. Three segments were looked at on Courtney Road from Pioneer Road to the south ramps on the 528, and then the link between the south ramps and the north ramps. And then we also looked at Pioneer Road east of Courtney Road. For the daily segment analysis, on Courtney Road, alongside the no-build, without the site, the anticipated volumes in 2027 will use about 95 percent of the roadway capacity. So it is above that 85 percent threshold, but less than the theoretical capacity. The site trips would use, would represent about two percent of the roadway capacity, so that would take the V-over seat to 97 percent, still under the capacity. And I'll throw in there that, again, if the conditional use hospital were built, the capacity would be well above, or the volumes would be well above capacity at that point. On Pioneer Road, without this, without any development, the volumes in 2027 would be about 26 percent of the capacity, and with this proposed development, it would be 30 percent of the capacity. We also did the intersection analysis. I'll focus on the intersection of Courtney Road and Pioneer Road. In 2027, there's going to be no difference in the level of service with and without this site. The no-build level of service overall for the intersection is a level of service B. The north and southbound approaches show as level of service B, and the eastbound and westbound show as level of service E. That's with the existing signal timings there. When we add in the site traffic, same levels of service, the delay increases by about one second per vehicle, you know, in total. That's about, in the morning peak hour, I think it's 1.3 seconds additional delay, and in the PM peak hour, it's seven-tenths of a second increase, so very little. So, I mean, it's important, I think, to understand that the additional trips that this proposed development would add is very, very small. It's about one additional vehicle every two minutes during the peak hours. That's one vehicle per signal cycle. I mean, it's not detectable to the eye. If you were watching this without the site and with the site developed, you wouldn't notice any change whatsoever. And, in fact, now getting to the queues, the diagram that's been provided, the top one is the no-build scenario, where the red cars represent the queues from the throughs and lefts. They extend well beyond, at times, well beyond the length of the right turn lane, prohibiting some of the right turns from getting into the right turn lane. That adds delay to the right turns, and actually to the left turns as well, because what's not represented in the diagram is some of those blue cars would be up a little farther. You'd have more throughs and lefts stacked behind the right turns that can't get into the right turn lane, and it's additional delays for everybody. So, the project's proposing to greatly extend the right turn lane to around 400 feet. This will allow all of the right turns to get into the turn lane, reducing the delays for the entire approach. I think that pretty much concludes what I wanted to go through, but I am available for questions. Kim, if you could come back up, please. Yes, sir. Do we have any questions from the board? We'll start with Kim. We'll go to the engineer or whoever, the traffic person, before we turn it over to public comment. Hopefully, they can answer some of the questions before the public steps in. Chairman, also, I want to let the board know that someone from traffic is here to answer any questions. Okay. Mr. Henry. I'm debating on whether the public ought to speak, and then maybe that may coincide with some of our questions. Let's go first. I was hoping we could answer some of the public's questions. Okay. Just by a show of hands, who is here to speak for or against this item? 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. Truly, there's not much new from when we were here last time. It's been formalized. We have the traffic studies. There's been some new information presented, but nothing else has changed. I just 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 50-foot setback to the east. We've now gone to 100 feet. 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 have higher height and 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. Correct. On Pioneer. I'm sorry. That's all I've got. Let me, since I got, I brought Billy out of a meeting, and this is not a trick question for Billy. So, I want to talk to Billy first, and then I'm 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 rezoning. Yeah. Five single-family residences across the site, that's not including the, or under the BSP. So, they can develop under the existing BSP, or five single-family residents under the AU zoning. Okay. Where does the number 417 come? I remember that from the last time we converged. The potential was there that they could put 417 units. I think we might be getting mixed up with the strata item. That was also on the last agenda. It's RES 15. That's the future land use. It's the one by you. It is. So, in any case, the, there's RES 15, but the zoning is AU. Okay. So. Yeah, I know what we can do on AU. Okay. That's it. Thank you. Thanks, Bill. Okay. Philly, before you get too far, can I ask you a question about what happened during the session? I guess I might have missed something with SB 180, because that does tie our hands in a lot of our buildings, so. Absolutely nothing. The Senate did pass, I think it was SB 280, there was a potential fix to the issues we're having with SB 180. It's obviously a larger bill, and there's a lot of different aspects to it, but it failed to be taken up, or was to fail to be passed in the house, so it appears to be dead. But so, so then, it says that we can't have any high density, you know, on Brevard's Barrier Island. We were, this isn't a, something that we could build, even. Is that my misunderstanding, or? No, no, the problem, the issue, the section of SB 180 that's been problematic for Brevard County is that section that says you can't do more, anything more restrictive or burdensome. And because there was a law at the same time, or previous law that was passed, that also required us to have more restrictive regulations in the South Beaches, those two things, those two state mandates 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. 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 this application. Just wanted to make sure. And also, because it does affect us down in District 3. Sure. Thank you so much. Thank you. The trafficking area. I read your dossier, and I don't want to say all 480 pages, but it's been a long time since I've read it, it wasn't like that. But I know that intersection pretty well. I knew when it was dirt. I knew when it wasn't there, which doesn't mean anything. And geometrically, I'm trying to, I looked at it numerous times, because I think it's so critical, as we do here, and it's not unique to Merritt Island. Car, the lead car, westbound direction, is wanting to go straight. Three hundred and ninety-two cars, mamas, are wanting to turn left. Am I with you? I just can't. I've tried to ask, I haven't gone out there and measured, that's not my job, why we can't have an exclusive left through and a right. I do understand, without you answering, there's a monstrous pole there. There is enough money in the United States to move that pole. But, you know, you would think you could triangulate to where you could let the right people go before they even got to the signal. You know what I mean? Turn right. 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 three hundred and eighty mamas want to turn left. Yes, so, shared through left is certainly not ideal. The challenge here is, to fix that problem 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-of-way. And, you know, even just looking at potential signal modifications to allow those left turns to go, without a left turn lane, you can't have the left arrow unless you go to split phasing. I don't know, everybody's level of knowledge is different, but that is something that FDOT just doesn't allow anymore. They're not allowing split phases. No, well, I mean, they really don't like them. I understand. But that could solve my problem, or what I think is a major problem there. I mean, you know, you've got, I don't need to tell you, Starbucks, you've got the bank in there, you've got the car wash, you've got the mamas are trying to get out of there, the people are trying to go to work, and they're going to put this median in there, and it's, honest to me, it's not going to get better, it's going to get worse. And so, you've looked at it, so I understand what you're saying. Do we have any other questions for traffic? Yes. Sir? I'm going to come back. How much time do I have? Two minutes. The Department of Transportation just came out with a new road improvement program, putting medians on Courtney. Are you familiar with that? Yes. Okay. And did you notice that they also want to add a traffic light at Via Del Verino? Via Del Verino. Via Del Verino. Are you familiar with that? No, I'm not familiar with that one. Well, they do. Also, by putting in the concrete barrier that they want to do in the median, they're taking away the suicide lane, which means that anybody wanting to make a left turn from an area that does not have a traffic light, and I'm referring to Skyline Road, which is just to the south of this property, that they no longer can do that. So what will happen is people that were using that Skyline Road to get to Courtney will no longer be able to do so going south. They'll have to go around by the school, Lewis Carroll, and then come on Pioneer, okay, which will add additional cars to that roadway. Also, I noticed that in your study you only had, and 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? Are you talking about for the data collection? Yes. Yes. Okay. Is that enough for a traffic study? Traffic counts are typically just done. Please, if everyone could please hold her, 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. I noticed in your data that you had, you're showing projections of 10% a year, that you took the data from another source. It wasn't your source. The growth rate. Okay, the growth rate, which we've kind of thrown into the garbage because of the fact that people are moving down here in droves, which is not really anticipated by those studies. Also, I noticed that most of your traffic efforts were when everybody's going north to either 528 or to the Space Center. 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. Okay, 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 I'm done. The ALF doesn't have much traffic from the residents. Okay? But the staff does. And the staff comes in at regular intervals, and they're going to be coming in and going out. And I don't know if 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 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'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. Stand by your traffic study? Yes, I'll stand by our methodology. I'm not really sure. I mean, our trip generation, everything that we've done is either based on the methodology that was ironed out with the reviewing agencies and industry standards. So I mean, the trip generation, it's not an exact science. It's based on decades of data and many, many iterations of experts refining analysis processes. So to change that project by project is not something I would advise. I think 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've 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. Are you going to understand? So if you have four times as much traffic as what we're proposing, whatever impacts you're foreseeing are going to be four times as bad. I don't understand. What do you mean? The 1,300 vehicles a day that we're proposing to generate with the 222 dwelling units has an impact, about 2% of the Courtney Road. I'm just throwing a number out there, one thing. 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. So, I mean, anything better is zero. If you believe that the lot will never be developed, then I guess there is a better scenario. You know, and that was the comment from the developer about the fact that I don't believe that you've bought this property yet, but if you don't, somebody else will. That's all very nice, but they'll still have to come before us. I noticed you, that was in the traffic study too. There was one document that had a couple of dots on it, 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. 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. Yeah, so those are the three alternatives that I – that mentioned. The three access alternatives that were considered, along Pioneer, there were basically two different subsets, if you will. One is a separate driveway for the residential. That's the directly south, I think, that you're referring to. And then the other was to combine the access of the residential with the existing parcel, the medical facility that's there, into just one driveway. And that's – that's the alternative that I believe is moving forward. Okay. If I could switch to that. Sure. We negotiated a cross-axis easement. If you could get near the microphone, please. Yes. We were able to negotiate a cross-axis easement with the owner in 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 an owner or a tenant? They are the owner. They are the owner. Yes. Okay, because you had said that there was this – It's the lender – the lender that owns – Oh, the lender that – They own the medical office facility as well. Oh, okay. Yes. Okay, so it's from the lender. Correct. All right, so they – are they anticipating selling out of the property? There's potential that they might, but at this point, you know, they are talking to the existing owner or tenants of the facility. Thank you. Let me see if I can get any more traffic out of you. That's the other one. Traffic line. Okay. I want to talk to the engineer, please. Thank you. I've got a traffic real quick. This is just in staff notes, and it says the site plan or subdivision shall not be allotted more than 25 percent of the remaining capacity of a facility. And then it says the proposed development would utilize more than 25 percent of the remaining capacity. So that's in staff notes. So that was just a little concerning to me. I'm not sure what that refers to. Again, on Courtney Road, site traffic uses about 2 percent of the roadway capacity, and on Pioneer Road, about 4 percent. So nowhere near 25 percent of the roadway capacity on any of the facilities that we analyzed. So this is a question to staff because it was noted. It's on page 85 on the bottom part, and it says, Also related to traffic concurrency, Brevard County Code Section 62-602-F6B states the threshold capacity restrictions described in subsection F6A of this section. A site plan or subdivision shall be allotted no more than 25 percent 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 percent of the remaining capacity. Yes, ma'am. Peter is going to speak to that. What I have is that there are two segments on North Courtney Parkway, segments 152 and 155, that will exceed the 25 percent capacity. Hi. So Peter Wynn, traffic engineer with the county. I'm here on behalf of Karina Gumm, who couldn't be here. She's a program manager. She's out sick, and I'll try to answer as many of those questions as possible. So the ordinances state that when a development comes in, a site plan cannot exceed 25 percent of the remaining capacity of the roadway. So on North Courtney Parkway from Pioneer to the South Rams at 528, and then Courtney from the South Rams to the North Rams, from the study, there's – the project is expected to have 855 trips in the first segment and 662 trips in the second segment, which both exceed 25 percent of the remaining. There's – so there's existing conditions, no build, so you grow the growth rates up to the year that they expect to develop, and then they add the project traffic on top. So based on the available capacity, in 2027, it's about 2,000 for the first segment, and then 1,200, so you take 25 percent of that, and you compare it to the project traffic you're over. We discussed this – we notified the Bowman with the last submittal at – on March 6th or so. We acknowledged that all traffic-related comments were addressed. However, there was this outstanding concurrency concern, which would be addressed normally with a formal site plan or subdivision submittal, which would proceed, you know, depending on whether this rezoning was approved. Thank you. Kim Razenka, 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 rezoning. They're talking about site plan, which we're not at site plan. If you recall, Mr. Mindubu asked me, we don't usually require you to design your project at zoning. This one has been. So they have met with traffic. They've submitted three traffic studies. 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. Eversol was talking about the hospital. The hospital would be five times the capacity. And we would not have to come back to this point for the hospital. Okay, Mr. John. For the engineer, please. Can you spell your last name, please? Sure. It's Schatstein, S-H-A-S-T-E-E-N. Thank you. Let's first of all talk about wetlands. The current maps on the county website show that two-thirds of this site is wetlands. Okay? Now, in the different site plans or site drawings that were provided here, you had some with a dry area. You had some with a retention pond. You had some with a walking trail. Which one are you guys going to do? I believe it's going to be similar to the handout that you received today with the… Similar. Okay. Yes. So, I know 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 wetland map that you were referring to matches the wetlands that were actually delineated by St. John's. Darcy? Yeah, I'll let Darcy speak. Good afternoon. I'm Jane Hart with Vark 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 two-thirds of that land is wetlands. There are indicators that there are wetlands on site. That's why we would… We've requested an environmental assessment slash delineation from an environmental professional. They said that they have delineated wetlands on site and are getting their permitting. We haven't received a permit yet, though. You haven't reviewed that. Okay. All right. Okay. So that's in question. Okay. If they did impact wetlands, they would be limited to the 1.8 percent. Which means how many acres? I think they're 11-point-something acres. You have to convert that, multiply it by 43, 560 to get square feet per acre, and then multiply that times the 1.8 percent, and you'd get how many square feet that they could… It's off the top of your head. No, no. I'm done. Okay. Can I address wetlands real quick? Sure. So as the developer, we noticed that there were wetlands on the property outside of our due diligence of the property acquisition, and we had 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 we are waiting to go, you know, for this rezoning approval to go through. As we worked through the conceptual plan, we have been very consistent with making sure that we did not impact more than 1.8 percent of the total property wetlands. So the pockets of greenery that you see on the conceptual plan are pockets of wetlands that we are preserving. So between the buildings, you're going to have wetlands? Is that what you're showing me? There's a pocket of wetlands west of building number 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, east of the clubhouse. According to the maps that I have, the majority of that top section is all wetlands. And it's typical for the maps that you see on GIS maps to not actually reflect what's on the site. Really, you have to put boots on the ground, verify what's there, and have the water management district delineate those wetlands. And we have done that, and those are the wetlands that we're referring to. Okay. I agree with what you're saying. The maps that they have are not 100 percent. They're very old, by the way. Right. So it's good that you've looked at that. You're showing two means of egress from this property. You're showing directly onto Courtney, right, on the north side. And then you're showing the one onto Pioneer, correct? Mm-hmm. Okay. And this is not a gated apartment complex, correct? No, sir. Okay. That's all I have for you. Thank you. I had something else, but I can't remember. Too many questions. All right. Thank you. Thank you. I just want to bring it back to the board real quick. We are actually requesting a zoning classification change. We're getting into wetlands, and we're getting into... We're designing the project for them. I know. No, we're not. And this is not what we're here for. No, we're not. We're questioning what they're doing, so what impact could they have on the neighborhood? But that's not our job. This is a zoning issue. I know. It's not a design issue. No. I don't know if we're capable on the 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? It's 100 beds. Could be three stories because you could have parking underneath. You could have a parking garage separately. You could have a 5,000 trip somewhere. 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, Brevard County traffic? Without the hypothetical numbers present, I would agree that a hospital of that size 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 would just depend in that. You could put storage facility. Come on. You could do anything there. If any development that breaks or exceeds capacity has to reimburse the county in some way, shape, or form, whether that's building required improvements or a prop share or some other mitigation. Okay. Does anyone on the board have any questions for engineering or? I have a question for the CEO. Okay. Just a general question, if you would. Why apartments instead of condos? Yes. I believe we discussed this in January as well. Well, the market for condos is, since the GFC back in 2008, 2009, has been a very challenging business proposition. So, outside of major metropolitan, you know, your New Yorks, Miamis, 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 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 home. The average home price in Merritt 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. If you look at the different organizations and, you know, different organizations within Brevard County, they promote housing diversity. They promote the need for different forms of housing for the employment and the growing employment within Brevard County. This is a, a different housing option for, to service the, the engineers, the technicians, the contractors, nurses, teachers from this growing population that Brevard County is experiencing. And, General, I have one, one comment I'd like to make that I study about traffic. On the, on this project, if it came to that, I'm not, it's obviously not my decision. When you tossed around numbers, would you, are you in a position to be able to lower density? Sure. So, some of our team mentioned that, you know, we originally contemplated a higher density on this property. We were going to go, we were going to go, we were going to submit a rezoning application requesting a PD with four-story 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, Brevard County's comprehensive plan, that is dated almost 40 years ago. So, here we are, 40 years later, trying to rezone 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. The comment about traffic is, just as a point, I did a thing just through my own interest on a similar-sized development with condominiums and also similar-sized development with apartments. And the interesting part about it is when you go out there in the morning or even mid-morning, out of the condos, because you have either snowbirds or retirees or some people that are working, it's kind of a little bit 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. But the answer, to get back to that point, at 222, 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, yeah. Thank you very much. Thank you. Mr. Neal. Yeah, I just had a clarification question, because there was a comment that was made that if this didn't, if this project wasn't approved, that anything else would have to come back to this board, and then another comment was made that if it was a hospital, it would not. I'd like clarification on that from maybe Ms. Rezenka and then staff. Would a hospital have to come back to this group for approval, or could they just put it up? A 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. Mr. Chairman. Mr. Rawls. I had a couple questions for the engineer on traffic. Difference between, the increase from 2026 to 2027 is what? Just more people coming to Florida? I apologize. The increase from the 2026 existing to the 2027 no-build. Are we talking about a little service for the intersection? The same. No, there's a difference at the ramps. Oh, at the ramps. Okay. I was keying in on the Pioneer intersection, but I can answer that for you if you could just give me a second. I was just wondering if that was just because we have more people coming into Florida and that's what the increase was? Sorry. Lots of pages. So, for existing at Courtney Road and the eastbound on off-ramps, the existing level of service is E in the morning and a B in the afternoon. Can you define what those levels are? Somewhat. So, a level of service F is failing. That's above the theoretical capacity. A level of service E is approaching the capacity, but a level of service E, for example, at an intersection, generally, 95% of the time, every vehicle will get through on one cycle. You won't have to sit through two red lights. At an intersection, that's kind of the best way to define the difference between E and F. Level of service B is operating, you know, pretty well. C, you're starting to see a little bit of heavy traffic, but it still doesn't really impede your flow. D, it's still not stop-and-go conditions. It's getting pretty full, but, again, you're going to get through every cycle, every signal in one cycle. So, E is getting full, but you're not beyond the ability to get through an intersection in one cycle, if that helps any. So, again, at those ramps, I mean, the analysis still is the same and existing as it is all the way to the build scenario. 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 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 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 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 reach F, it can't get any worse. Okay, so the, one of the approaches on one of the intersections, you're right, is that one is an F just over the threshold. 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. And, you know, every, every measure has a threshold, right? There is an exact line where it crosses over from E to F, for example. But each level of service is a range. So, you can increase the delay by a second and be an E and still be an E, or maybe you're rated that threshold and you're an E and you get that, add that one second and now you're over to an F. That's, that's case by case. And I apologize. You asked another question. I was about the answer and then I backtracked. No, it's, I, the, the, the increase, I'm sure is just because we're getting more people in. I'm sure that's just what you're getting. And by the time, as you move out from the source, the traffic dilutes. So, there's less additional traffic at the ramps than there is. And the reason why I was keying in on Pioneer at Courtney is because that's where the highest concentration is. That's where the largest impact is. The impact gets less as you move out from there. Right. I just wanted to be sure I understood that because that's, the people that you're, your, your client base is, they're going to be over 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 was effectively a 60-40 split. Like, 60% of the traffic is oriented towards the north and 40% to the south. Thank you. Do we have any other questions from the board for the traffic engineer? I'm going to open it up for public comment. I don't know, by a show of hands, 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 realize this. You know, so, I'm going to give everyone two minutes and, 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-L-S-O-N, 2562 Sykes Creek Drive. Thank you for allowing me two minutes. I appreciate it. And I'm coming before you today because I think that all of you know that we have a comprehensive plan in Brevard County, and it's meant to make sure that our zoning and building are in compliance with what the county wanted to establish. This group has come before you today, and they're asking for a variance because they want to build a project. Right now, it's zoned for about five parcels, five homes. They 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 RU 230 or RU 215, they can't make money. The responsibility of your board and of us citizens who oppose this rezoning, it's not for us to help them to make money. We're not against them making money by any means. If they want to build five houses and sell them, that would be just fine. No problem at all. But we should not break our comp plan for a special interest. And this appears to me to be a special interest. I'm also wondering if the constant mentioning of a hospital is a foregone conclusion, or is it just fear-mongering? Because we have a brand new hospital going up in Merritt Island, health first. Now, does a hospital want to come in and compete against that? I don't know. But I hope that you will take what I've said very seriously and stand by the comp plan that exists and oppose this rezoning. Thank you. Thank you, sir. Sir, if you'd come on up, same thing. If you'd state your name and address and spell your last name for the record. Hi, my name is Gregory McClaskey, 1899 Sykes Creek Drive. McClaskey is spelled M-C-C-L-A-S-K-Y. 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 a commute there. I was looking forward to almost more single-family homes being built there because we knew somebody would take it. We know about the traffic issues. I had heard from one of my friends that looked at the data that one of the surveys was done on a Friday from 2 to 4 p.m. Well, school gets out on Fridays at 1.30, so that would have been understated if that's correct. A 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. 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. It's also led to a traffic problem that's led many drivers cutting through behind Starbucks and alongside the bank in the car wash to avoid the long delays at the stoplight. In addition to the significant safety concerns for the schoolchildren, recently Hampton Manor Assisted Living Facility started advising elderly residents to be extra careful when walking to the bank or Starbucks because of some near misses from cars that were cutting through on this road. They won't be able to cut through, and that will add more to Pioneer. Next on Courtney, it's my understanding that traffic data, you've pointed out some of the limitations or perhaps some of the misstatements that might be on there, and the fact that it exceeds limits in certain areas is a particularly scary thing. When the barriers are up, that's going to force more cars, as you mentioned, force more cars turning north or more cars turning on to Pioneer to try to get to the stoplight there. I don't know when they expand the right turn lane how these cars are going to get out to get to the left turn lane. Okay, thank you, sir. Last thing is just in spite of all this. Sir, I'm sorry, but I'm just giving two minutes each question. 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? My name is Chelsea True. Last name is T-R-U-E. I am a nearby resident, and I'd like to briefly address three of the criteria this board has asked to consider when evaluating a rezoning request like this. First, compatibility. The county's own staff analysis states that the proposed use is not consistent with existing patterns of surrounding development, which is predominantly single-family residential to the east, with limited commercial uses along the corridor. That finding matters because compatibility is one of the core factors this board is charged with 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 rezoning 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 rezoning, the long-term impacts remain, even if unresolved details are addressed later at the site plan. I'm hearing a lot of hypothetical arguments here. We can build. There are going to be six-figure tenants. There's going to be access. But there's no proof right now. Okay. Thank you. Anyone else would like to speak for or against this item? Yes, ma'am. My name is Danielle DeLude. It's spelled D-U-L-U-D-E. Chairman and board members, today I speak for the people of Merritt Island and every existing homeowner in Brevard County. The families who built this community and already paid for roads, drainage, schools, fire, and police services. This rezoning from agriculture use to RU215, RU234, 222 multifamily units on 1124 acres, not responsible for redevelopment. It is subsidized growth that will force us, the 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 Brevard's own comprehensive plan. The capital improvements element in Chapter 13 of Brevard's comprehensive plan could not be clear. Brevard County should not consider financing needed capital improvements with impact fees and other forms of development exactions to ensure that the new development pays a pro rata share of infrastructure development costs. Policy 4.5, page 13-7. Brevard County shall continue to utilize a concurrency management system to review the impacts of all development proposals on existing public facilities to ensure that levels are not degraded below acceptable level of standards. Policy 5.1, page 13-6. And crucially, building permits may be approved that developer agrees to construct all improvements necessary to accommodate the specific impacts of the proposed project concurrent with its development. Policy 5.2, criteria D, page 13-9. The plan even warns against subsidizing growth. Limit future expeditions for infrastructure and service facilities which serve to subsidize growth. Objective 3, page 13-6. Transportation facilities must be in place or under actual construction not more than three years after the certificate of occupancy. Policy 5.2, criteria C. Yet Brevard's own impact fees have not been updated since 2007 and do not cover actual costs. The results? Existing homeowners pay the difference through property taxes. The 1,000 Friends of Florida report puts it plainly. Without the fees, existing residents would, in effect, subsidize the cost of new development. Page 2. This project will do exactly that. Okay. Thank you, ma'am. Anyone else want to speak for or against it? Well, she had her hand up first. Now, how do you turn this quarter on? There's got to be an R on button here somewhere. I'm trying to turn it on. You can just slide it up. There you go. That way. That way. That way. Turn this off. Oh, well. Oh, well. Right there's tiny. Yeah, it's sitting there. Anyway. I'll figure out one of you here. There. That'll be great to see. My name is Kimberly Jarvis. J-A-R-V like Victor. I-S like Sierra. I'm a member. I'm a volunteer. It's based on the Automatic Eagle Watch program. I'm also an avid burner, if you can see from my shirt. I brought, last time I was here, I brought a map of the proposed development along with the 660, 330 foot buffers. I've enlarged it. And to put it in perspective for some of you people, 660 feet is two football fields and two first downs. That's not very far. Eagles can see three miles. They can see a rabbit size, 23 miles, and their herring is equivalent of that of a human. This project will disrupt the nest. That nest has been there for eight years. Also, being a birder, I got on next door and asked, oops, there. There are owls on that property. Somebody on next door was kind enough to send me a picture of a flinching bird owl, B-A-R-R-E-D. It's learning to fly. Now it's learning to be an owl. That picture was taken via Dorena, or somewhere in the village of Palmas. And I was out there last Tuesday, and I did hear bird owls. My time is running out, but if you want to give me a few more seconds, I can play the call that I heard. You're going to get two minutes. Well, it's fine. It always likes to act up when I need it the most. Now it's lost it. Okay. Well, thank you, ma'am. Ma'am, you had your hand up next. Hello. My name's Madonna Bailey, B-A-I-L-E-Y. Many things have been said already, but things I want to stress is, first of all, I'm just one of many of people that couldn't come today because of the time of the day. There's a lot of people moving here for the space industry. I understand they need homes. We will so welcome five single homes that they can purchase for their investment. The medical trips that I just heard today about there will be more trips in and out, being a resident of Merritt Island, we do need more medical. And if those medical people would already be living here, it wouldn't be a new 222 units. The units that are going up behind Merritt Island Mall, the 296 units that is expected to be completed in early 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. Yes, ma'am. My name is Diana Schomer. It's S-C-H-O-M-M-E-R. I'm a resident of Merritt Island. I use Pioneer quite a bit, and I live on North Tropical and Andrix, and I really appreciate the hard work that many of these people have done. In my case, I'm acutely concerned with sewage. I understand that Sykes Creek has the capacity for this project. I'm told that it does, but it still has spills. It has spills when it rains a lot, and that always goes into the Indian River Lagoon. We all voted for a half-cent tax to clean up the lagoon. As far as I can tell, it has made no difference. It has not improved one iota, and that half-cent, oddly enough, generates $4 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 cent 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 then it goes to Sykes Creek, and when they have a heavy rainfall, it will leach into the lagoon. I think 222 is too much. We're full. We're full. I mean, it is, Courtney's a nightmare most of the time now, and when they put that concrete barrier in there, it's only going to make it worse. At least you have a way to maneuver. I don't... Thank you for your time. Thank you for hearing us. Thank you. But my neighbors are opposed to this. They're not here, but they are opposed to it. Okay. Thank you. Yes, sir. If you could come on up. Excuse me. My name's John Clamp. I'm Mr. Clamp that was mentioned here sometime earlier on. Well, Mike... It is Mike, right? If you could get near the microphone, sir. I wanted to point out to Michael that I worked at Space Center. I worked there for 20 years. Not everybody lives on Merritt Island. They live in North Merritt Island. They can go out on State Road 3, or what was State Road 3, into North Bavar County. They can get two routes into the mainland, through 405, into Titusville. There's the B-Line off to Orlando, and there's Merritt Island, and then there's places further south. You're not stopping anybody moving into this area by building or not building condos here. It makes no difference. Sir, I've got to ask you to get near the microphone so we can get you on record. All right. Well, I just didn't go along with the reason that the apartment blocks were needed. There's all kinds of opportunity to build properties. On another issue, much more personal, I guess, I was a real estate broker. And anybody that thinks something like this does not devalue single houses is not paying attention. This would. Now, I happen to live directly on the woods. I figure my property is 5 or 10 above the average for the same house. Take that away, and you're actually costing me money. And I'm sure that there are a few other people here that would also cost them money. Regarding the traffic, that's an obvious one. It truly is obvious. But Merritt Island is full up. It really is full up. You can't get a quart into a pint pot. So stop trying, please. All right. Thank you, sir. And you, ma'am, I've got you next back there. Hello, my name is Susan Cole. I live in Merritt Island. My husband and I are recently moved here. We're one of the people that you're talking about for working for the space industry for 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. The people that you also mentioned, so I don't believe that that's a good theory. The other one is the cruise terminals. People are not going to be moving into apartments to go on cruises. That's the silly argument. They mentioned mobile homes and condos. They're not in this area. They're on Tropical Trail or a little bit further away. I wanted to mention, they mentioned that in November they informed people in our area. That is not true. I live in that neighborhood. I was not informed. We heard through the grapevine. There's over 2,000 people on a petition that have signed about this right now. And that's just, it's still word is getting out. I don't know who they say they mentioned. It was probably their own builders or something. I don't know. But it certainly wasn't the people in the neighborhood. I want to mention that the hospital versus apartments, the apartments are going to come. They're trying to sell it to the people that are working. They all leave at the exact same time. The people who go in hospitals or medical centers or whatever, they're coming and going. It's not going to be that flux of traffic that you get at 8 a.m. They're spouting out numbers here and there. But as we heard with the traffic, it's four hours and two days that they've studied the traffic. We all know that's not a good, accurate picture. The development is going to bring nothing to the people of Merritt Island that are here now. We already have the stores, the restaurants, everything we need. It's not going to bring us anything. Okay. Thank you, ma'am. Yes, ma'am, if you would, come on up. My name is Peggy Robinson, and I live on Raintree Lake Circle. So we've been talking a lot about numbers, a lot of numbers today. And I'd like to talk about maybe just the feeling that you have when you come to Merritt Island. When I moved here, I felt at peace, and now I feel like I'm being crowded out. I don't know anybody who wants a three-story apartment, eight apartments, 222 apartments built in their backyard with balconies overlooking their yard, overlooking their house, overlooking their family. Merritt Island is only so big. It's only so long. It's only so wide. You can't squeeze everything into Merritt Island. I don't know anybody who is for this. And I don't know how many three-story buildings there are in Merritt Island, but I don't think there's very many. And the ones that we do have have a large buffer. So you're not on top of a neighborhood. You're not on top of each other. They're set back. There's a reason for that, and it's called congestion. I'm not in favor of congestion. I'd like to live my life peacefully here in Merritt Island for the rest of my life. Thank you. Thank you. Sir, did you want to speak? Somebody just covered what else was. Oh, okay. Do we have anyone else? Ma'am, I think you went up first, and I got you next. Hello, I'm Hazel Banks at 131 Las Palmas, which is right behind their backyard. And being 50 feet away doesn't make it's not good enough because of the noise, the lights, 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 Courtney, and I was stopped because of the traffic at the Causeway Diner, which is two 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 Thursday again, going north, and that's where I saw all the parents' cars are all down Lewis Carroll Drive. And halfway north, or west rather, on Pioneer. And like the other person said, the people that wanted to drive south couldn't because of the school traffic waiting to get, and it was about a mile and a half of school traffic. And the buses coming from the school to go to the intersection to turn right and or left or go straight. And also, a builder came to my apartment, and 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. I'm Victoria Benavidez. I live on Sykes Loop Drive, and I work here. You can see my shirt. And I work in the utilities department. So one concern somebody mentioned is sewage because I know Sykes is at capacity. But beyond that, I wanted to talk to the traffic situation. I do not go down Pioneer because of the buses and all the parents sitting there waiting. So morning rush hour traffic, I go around to Via De La Reina. I think there are a lot of people who do this. And then I go right on to Courtney and get on 528. Now, the other issue, so that's one thing, is because that's a tiny little street, Via De La Reina. And it's heavy with 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-mile-per-hour speed limit that's on that street because I know that. But I also know that there are a lot of people who just zoom down that road. Now you're talking that that is just going to get way worse because these apartment people are also going to find that little 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 Courtney backs up way down because the people, the line of people that are waiting to turn left on the 528 to get on westbound, they line up in that median. So now also FDOT, oh, I'm sorry, FDOT 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 440-ish cars to that situation with this apartment building, that scares me. I have no other way to get out of my area except Pioneer or Via DeLorena. That's it. There's no other way. Thank you. Okay. Thank you. Anyone else want to speak for or against this item? Yes, ma'am. Hi. My name is Jenny Eckberg. It's E-C-K, B as in Bravo, E-R-G. I live on Sykes Creek in Villa de Palma. So a couple things I actually drew from this meeting, and one of them that just popped into my head was the drawbridge. That does occasionally on the half hour has the ability to go up on whim. You can't tell the boats when and where they're going to come. And so that definitely backs up Courtney. That kind of plays into the other conversation of when they put the median in and the people in the turn lane trying to get on 528 eastbound, I'm sorry, westbound, that's going to back up a left lane. Again, back up, back up, back up, back up. And then there was something, this made me more of a question when we were talking about the capacity use, using more than 25% of the capacity remaining, and we were talking about two trips a day, 855 and 662 trips, and then the capacity is 2,1200. And I heard the argument being, oh, well, that's if you're doing the site plan. So I don't really know where site plan comes into play, but I'm just looking at the numbers and that this was well above this 25% capacity. So just kind of reiterate that maybe someone needs to look into that. So, I mean, a site plan come after we do the rezoning, and the numbers are still going to be the same. And then lastly was, you know, the argument about having a hospital, and I just kind of, I don't know enough about that, but when, wouldn't it still require rezoning if this 11 acres is zoned AU? If you're putting a hospital there, are they talking about the current infrastructure, the current building that they're going to build that up to, maybe three or four stories, hypothetically, if they do put a hospital there? That, and then the fact that there's two-thirds of that is also wetlands, and wouldn't that still need to be reviewed? So, again, we got this hypothetical of this hospital that may or may not go in and still impacting and still an eagle's nest and still all of this that still needs to be viewed. So, anyway, thanks. Last chance. Anyone else want to speak for or against this item? Okay, I'm going to close it for public comment. But, Ms. Rozenka, if you could come back up and give you and your team some opportunity to go over the concerns. Yes, sir. Thank you. Again, Kim Rozenka, Lacey Rozenka, on behalf of the owner and the contract purchaser, Rangewater. I do just going to go backwards to forwards. It's the easiest way because I take notes along the way. The wetlands are only about one acre. It's not two-thirds. It's been ground-proofed, but that's, again, a site plan issue. So, regarding that 25 percent, 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. The big thing to understand is we're at preliminary evaluation for rezoning purposes. Usually a full-blown traffic study has not been done for zoning. We did it here because of the concerns, and traffic engineers here, they've reworked it. They've met with Mr. Nguyen. They've met with many people 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 percent of capacity, it can be phased. It can be proportionate fare shared. Roadway improvements can be made. So, the 62-602 was for informational purposes only, which actually made the developer do more work to determine if they still wanted to go forward. And they still do want to go forward. Regarding lights and noise and the types of people that live in apartments, that's relatively offensive. But lights and noises are performance standard issues and also noise ordinances. So, if there are problems, then that is taken care of at the time, the performance standards with lights and noise. Again, these are luxury apartments. The only other apartments that are new in Merritt Island are the ones that are going in behind the mall. Also, those were already in development when this project came forward. So, all their traffic impacts have been accounted in the methodology that was in the traffic study that was here. About depreciation in value, that requires an MAI appraisal, which you do not have any evidence before you today on that. Ms. Cole said she was not notified of the meeting. Our office pulled the 500-foot radius for the community meeting, and it did go to the HOA because they had property in it, too. And there were quite a few people there, and we've had a number of meetings since that time as well. Now, regarding paying for growth as it comes along, this project, if approved, would pay over a half-a-million-dollar impact fees, and if proportionate fair share is required, it would be another $200,000 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 percent capacity. This really seems to be a school board issue, and the school board should do something about it, but I know they don't have the ability to do it either. The access onto State Road 3 is an FDOT issue. It's not a county issue. State law doesn't require a site plan even to be held up without an FDOT permit. So that is something, again, at a site plan issue. The traffic counts 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 commercial, which allows the bump up to 30 units the acre. So in 1989, this county thought multifamily 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 11 acres has not been built. So there's some reason this hasn't been built. It doesn't make sense to do a U there. This one was a holding category. And the comp plan is for 15 units the acre, bumped up to 30 units the acre. The, again, the traffic study was done because of concerns about traffic. Mr. Hoppingard, and I know you don't believe it, but the school buses were counted in it, and everything that travels on the road has been counted on it. 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, the 62-602, if you turn to page 8, and these are all county records, these are all future land use maps, this shows the variety of zoning. Actually, let's talk about comp plan a little more. Villa Del Reyna is residential 6. So they thought 6 units the acre could go there as well, which could have been multifamily if chosen to be so. So on page 8, that shows the zoning map. It shows Hampton Manor as written on it, and AU as a property to the north. The AU property that's left is all undeveloped land. It's intended to be something other than agriculture. You don't usually have farms with pigs and horses in a residential neighborhood. Actually, a mixed-use neighborhood, because you have all of the commercial along the corridor there. Page 9, just to give you a perspective of where the RU 230 is, behind Target with the Housing Authority. There's also some RU 230 south of 520, both east and then behind the Mall, Harbor Woods. This is just a little bit of a perspective. I think I'm missing a page. So the compatibility, this is an infill project. This is going to fill in a gap of luxury apartments. People moving here can't afford to buy a house, as Mike Oliver explained. Harbor-Hampton Manor is a assisted living facility, which is also multifamily. It's even further to the east. In summary, there's no expert or fact-based evidence, competent or substantial, to deny this rezoning. There is compatibility. Traffic is not interfering to the extent that it would require proportionate fare or 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. There's 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 code and will not be detrimental to immediate neighbors or commercial uses. That would request the rezoning 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. All right, well, Kim, while you're still there, does anyone want another shot at Ms. Kim? But, board, we need to realize, too, here, we're here for zoning. That's our thing. Where does the planning come in? Planning and zoning. It's already been planned. It's already been planned. I have one statement to make. I've been in real estate development for 40 years as an architect, and we're always concerned on our projects as the end user. And I didn't notice any comments regarding the consideration to the residents that will be there. I mean, 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 company has decided to come here because it meets their business model. They have two developments in Vieira Company, which traffic is far worse in Vieira than it is on Merritt Island. Did they make that? Yes, they made that decision. No, did they make the traffic worse? No, because the county code doesn't allow you to make it worse. So the end user, that's a business decision that planning and zoning shouldn't really be involved in. I'm not. I'm just 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. The price might be fine. But, Mr. Chairman, I would like to move for denial. Okay, we've got a motion by John, a second by Ruth for denial. I'm sure we're going to have to see a show of hands. All those in favor for the denial? One, two, three, four, five. We have, I see six. Is that correct? Seven. Yes, there's seven. Seven. Five. Seven. We have seven. Seven. You can't get your hands up? Higher, higher, higher. Can you raise your hands up, please? One, two, three, four. Okay, we have seven. 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. Three. Is that seven? Yes, sir. Seven, seven, tie again. We'll communicate that to the board. Seven, seven, tie. Each way. Yes, sir. Thank you. Okay, thank you. Okay, item H1. Item H1. SFT4 LLC and MAS 18 LLC being represented by Stephanie Harris. Request a conditional use permit for alcoholic beverages on premise consumption in conjunction with a Tiki bar in a Tiki bar in a SR zoning classification under application 25Z-00060 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 Summer Brook 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, when you get to the microphone, if you could state your name and address and spell your last name. Okay. My name is Suzanne Marzell, M-A-R-S. You can pull that microphone to you. There you go. Good. Okay. M-A-R-S-Z-A-L. I live on Sandy Shoes Drive. I have two houses there, 130 and 205. 130 is part of the Homeowners Association. 205 is not. It's a dead-end street. It's a federal dental development. Maybe 13 houses, 14 houses. We're the Homeowners Association, I know, sent in a bunch of denials for this request. I did not have the time, unfortunately, to get my email into your board ahead of time to say that we're denying it. We want to keep it residential, quiet. We're worried about the traffic. There's nowhere to park. The hotel is very small. The resort that they're calling it is very small. We have people coming up and down the block now. There's also a bus stop in front of the subdivision, which is right across the street from the hotel. We're worried about people coming back and forth, the litter. And just once it's zoned to have this, then we don't know when they, if and when they ever decide to sell it, what's 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. It's just where 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. Or does anyone have any questions for the applicant? 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. Yeah, and to be quite honest with you, I wish you would maybe open it up to the public, but thank you. Parking is limited. Ms. Ruth. Along with this, the Tiki bars, are you going to have live music, anything like that? Not at this time, no. And then my question for staff, if it's approved, would it have to have something saying that they can't have live music, or is that automatically not 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's a late night 11? I would have to check the noise ordinance to see what that, what the time frame is to limit the noise. Because there's a bar who has a Tiki bar in another place, and it complies with its noise ordinances and whatnot, and the neighbors still don't get any sleep. So, again, that would be my major concern in a residential neighborhood. There is residential to the north, and where the Tiki bar is proposed to be located at on the deck, there's quite a bit of distance away from that single-family property that's located there. There also is some vegetation that's already on the property to the north in a 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 p.m. to dusk, which is typically probably about 9 p.m. in the summer. Again, 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. It would probably close by 6 p.m., to be honest. Is that something that could be put in, like, a BDP or something 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. We want to go home. Yeah. You don't want to disturb the wildlife there. Mr. Chair? Yes. Where's your Tiki bar going to go? On the deck, underneath the cabana. Which is east of the pool? Yes. So you're not going to be on the beach? No. Darn. That would be great, wouldn't it? Thank you. I'd like to make a motion to approve, but maybe we 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 season, things like that. And we're not trying to disturb the neighborhood at all. It's just to add a little incentive to the guests. Absolutely. Absolutely. Yeah. Motion to approve, given 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? One to six. We close at six. You're okay to stop at six? We are. Are you okay with that, Erica? I'm fine with that. Yeah. I'll second the motion. Okay. We've got a motion by Erica with the BDP, serving time from one to six p.m. Got a second by Neil. All those in favor, say aye. Aye. Any opposed? That passed unanimously. Great. Good luck with the county commissioners. Thank you. Thank you. I'll open it up. Okay. Item H2. Item H2 is Ambie with LLC, being represented by Everett Rowley, request a change in zoning classification from AU to RU-1-11 under application 25Z-00063, 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 they would not be able to realize three properties without, 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 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 Rowley. I stay at 3960 Juanita Street. My last name is spelled R-O-L-L-E. Okay. A little bit about what you're wanting to do here. I have a parcel that is .945 of an acre. And right now it's zoned AU for agricultural uses only. But under that definition, it actually requires it to be two acres or more for what I want to do. So I would like to change the variance on it, change the zoning on it, to REU-1-11, which will allow me to put single-family homes on it. When I made the application, I was told that there were a few outstanding issues that I needed to address with it. One was I first had to combine the properties, replatting, and submit it to the county and combine it to make it one property. Then to get it rezoned for the REU-1-11, I was told I'd have to show how it was going to be subdivided and also to have engineered drawings, civil engineering drawings to show the entrances to the properties. I don't, I didn't have, this is my first time being in front of a zoning meeting or, you know, so I don't have the facilities like that some of the other folks have had here this morning or this afternoon. But if you would, this is, this will show you. Well, you might want to take it to them first. You don't have any traffic problems here, do you? No, sir. White shirt. You've listened to it for, you've listened to it dadgum for two hours. Not at all, not at all. Staff, is that something you just want to explain to us what's happening there? Sir, if you could grab that. Okay. Have it upside down. This is a property here that's, it faces West Railroad Avenue. So, it looks like, because you're not speaking into the mic, he has two properties that would be off of Railroad Avenue. I believe it's Railroad Avenue. He can do this southern piece and entrance in grassy grass off of Railroad. And then this northern piece to the top corner here, he can have an entrance either off of Railroad or Roll Avenue. And then, obviously, the one to the west would have an entrance off of Roll Avenue as well. Okay. That makes it simple. Okay. And they wanted me to also address the driveways, to show, to get a civil engineering for the driveways. And I have it here. I've 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. They're more clearly defined on the larger drawings that I have there. And I, trying to get, trying to get the stuff generated, you know, they wouldn't, it's hard to get the surveyors to come out in a timely fashion. And I really, I 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. Mr. John. 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. All of the homes. They probably are. But on new construction, there's a moratorium because of the Indian River. You might want to check that just to make sure. Well, I did the geotechnical. This was recent. Within the last eight months, I think, that they did that. There's a map. Yeah, yeah. There's a map that'll show you where it is. So, just check it. I'm just, because we have 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 plenty of land to do a third of an acre for each of the houses, which is what's needed for a septic. But I just wanted to make you aware that there is some moratorium, and it may include your site, and it may not. I don't know. Okay? Okay. We're on Candle. The property is actually based on, it's situated on a section they call Candle Ridge, and so it's pretty high elevation there. 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 under advisement. I need a motion. Motion to approve. Second. Motion by Jared, a second by Neal on item H2. All those in favor, say aye. Aye. Aye. Any opposed? That passed unanimously. Thank you so much. Good luck with the county commissioners. All right. Thank you. So you didn't do public comment? Yes, I did. Did you do that? Yes, I did. Mm-hmm. I don't think so. You didn't. Oh, and maybe you didn't. I'm pretty sure I didn't. Sir, then hold on one second. Sir, if you could state your name and address for the record. You spoke. Arthur. A-R-T-H-U-R, 3744 West Railroad Avenue. Okay. Now, on this site, I got this paper here. 37-28 is not this site on the corner. That's two pieces a lot. Well, 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 is... Notice for a rezoning. He's putting the house on an 0.38 of an acre. 37-28 is not this property. Can you point to where you're saying the discrepancy is? This is 37-28. It's a half an acre of property. Yes, sir. But his rezoning also includes that piece to the north, those two parcels. So all of the properties join together? Yes, sir, under 1-D. All right, then. That's all I was asking. Okay. Thank you, sir. Okay. Thank you. Good luck with the county commissioners. Good. Thank you, sir. All right. Good luck out, Mark. Has everyone signed in? Okay. Meeting adjourned. The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the Board of County Commissioners of Brevard County, Florida, Space Coast Government Television, or the program...