e e e e e good evening this meeting of the Planning and Zoning commission will come to order for June 19th 2024 or as it's known juneth the let's stand for the Pledge of Allegiance States andice roll call please Lori chairman Richardson here Vice chairman Aton here secretary Grant here member Childs here member Gad here member fac member Moscoso here alternate member finer here alternate member Rogers school board member mclin here we do have a quorum and member Flyn Fender you can come up and take um Mr facon seat if you like we we did get a response from Mr facon that he'd be here tonight okay let's see okay next is approval of the minutes of June 5th 2024 yes everybody read the minutes are there any corrections or deletions the minutes I'm I don't believe so I'd like to make a motion to approve the minutes presented motion made is there a second second second by uh secretary Grant any discussion all in favors please signify by saying I I I'll oppose minutes are approved there is uh Chelsea would you read the qude judicial confirmation procedures please the notice on the agenda provides that all persons who anticipate speaking on any public hearing item must fill out an oath card to be heard on that agenda item and sign the oath contained thereon these cards are located on the table near the entrance to the Council chamber or may be obtained from the recording secretary this meeting will be conducted in accordance to the procedures adopted in resolution number 24-1 1997 those speaking in favor of a request will be heard first those opposed will be heard second and those who wish to make a public comment on the item will speak third the applicant may make a brief rebuttal if necessary a representative from either side for or against May cross-examine a witness anyone who speaks is considered a witness if you have photographs sketches or documents that you desire for the commission to consider they must be submitted into evidence and will be retained by the city please submit such exhibits to the recording secretary thank you there's no consent agenda there's no old business number n9a new business Eddie thank you chairman and good evening commissioners this is item 9A smallscale comprehensive plan amendment number 6 2024 Tranquility the applicant is requesting a small scale comprehensive plan Amendment SSA with rezoning to correctly reflect the wetlands along the Addison Canal east of South Washington Avenue US1 in the Tranquility multi-use development the purpose of the amendment is to protect the Addison Canal by correcting the conservation land juice and O zoning District boundaries the regional mixed juice and conservation land juice as ations and Zoning were approved and reapproved by ordinances 15 1999 40999 related to comprehensive plan Amendment 981a ordinances 78-2 2003 80-2 2005 and 19-25 the Antiga Bay also known as Tranquility development agreement with master plan for the entire 340 plus acre development was approved in 2015 and amended three times with the most recent adoption occurring in 2023 the final and Fourth Amendment currently designates the underlying rmu 100 subdistrict over the Addison canal with the conservation future land use the subject area is identified as a 6.8 acre preserved natural Creek on exhibit B of the master plan and labeled as open space b on exhibit B1 the proposed new boundaries of the conservation land use Amendment and O rezoning are located within the set boundaries identified on the the master plan the applicant has provided an environmental study and Wetland survey and based on the survey the O boundary line is being adjusted to be consistent with the corrected Wetlands boundary uh I'd also like to add the um staff recommendation is on page 21 and it reads the staff recommends adopting SSA number six 2024 to amend the future land use map by changing the land use designation from conservation and Regional mixed use to conservation to correct the boundaries of the jurisdictional wetlands along the area identified as generally along the Addison Canal lying east of South Washington Avenue as described in exhibit a with the rezoning uh recommend approval the request to amend the area generally along the Addison canal in the same area this recommendation these recommendations are based upon staff analysis information and evidence presented and ordinance with the city Charter of the city of Titusville the code of ordinances and Land Development regulations Section 34-40 of the code the adopted comprehensive plan and the provisions of chapter 163 and 166 Florida Statutes last I just wanted to point the commission to page 72 which is a map that illustrates the request so this is uh a map showing the existing future land use on the left hand side and you'll see uh there's a tan area which is the regional mixed use future land use ation there's a green ribbon which is the conservation future land use and then the red outline is the Wetland boundary that was provided by the applicant Wetland survey and so you'll see on the right hand side the if approved this would uh correct the boundary so that the green Conservation Area is only within the areas shown as uh Wetlands thank you okay are there any questions of Eddie I have one of Eddie or Chelsea I noticed that 15 pages of the environmental report have been reducted all it's all black I understand that it's done for the pro protection of the crators in the that W loans area who redacted those 15 pages our planning stuff can we look take a look at them if we come into planning office as long as it's not an exemp it's exempt from Florida statute that says that the public I mean to be to be fair I don't know we haven't had a request to review the redacted information Chelsea do you have any thoughts on that I I personally don't see how you can redact 50 15 pages and us and the council vote on it without looking at the content that was redacted I can't really comment on the substance of it because I didn't do that review myself but I could definitely explore whether board members and decision makers I'll have the ability to review those redacted documents outside of a public meeting in your one-on-one meetings um I don't have a direct answer for that without doing some research but I'd be happy to look into that for you please do thank you any questions of the staff okay we'll hear from the applicant is this on Rodney Hut 3700 South Washington Avenue um chairman members um the um as as staff explained uh all we're doing is um correcting the um comprehensive plan and the Zoning for Addison Creek Wetland area and um it says in the comp plan in order to provide more accurate mapping of wetlands when the city receives a wetland delineation on specific sites the Del delineations will be accepted by the city and the future land use Mount will be amended accordingly the applicant will provide a Serv survey of the Wetland boundaries along the Addison Canal based along upon ground truthing and so that was provided and um we had actually thought that based on that we didn't have to submit an application but we still had to submit an application for the land use change and the zoning so that's what we did um and so uh we'd request your approval um as far as the pages being redacted in the environmental report I don't know what that is we submitted the report as it was uh when I looked at it I just got this today I assume maybe that was photographs that didn't come through I did not go back to check it but I'm not sure what that's about so I can answer that question any questions um yes I went uh in into Tranquility yesterday no it Sunday and uh I tried to find where the Addison Canal is and I could not find it so uh do you know where the um where the hospital has the Children's Center uh on um US1 South there's it's South just south of the Chrysler dealer Chrysler dealership there's a parish on the south end of Parish it crosses uh it it's diagonal but the covert on the road is not and if the covert always has markers on it so people travel and won't run off of the head wall but has to come through that piece of property yes so it it it bisects part of parish's property where there storm water is on the south and then it dis it dissect is uh a part of the uh North part of Tranquility Northwest okay and I noticed that they're already building uh a lot of nice houses in the subdivision uh um this is this has nothing to do with the rezoning request um I noticed that they are cast concrete instead of concrete block are they cast onside or the cast at another site and Tru so so there are more than one builder in the site and the Builder that has started and I understand has a lot of the homes he actually builds with cast in place concrete okay and so that's um you know pretty safe structure I was kind of surprised to see homes already going up yeah any questions of Mr hyut any questions thank you thank you do we have any cards Lori no additional cards on that one no cards okay it comes back to the commission any further questions or M moso um Eddie on page um 17 um line 8 um it discusses the national Wetland inventory map of 1988 it says these Wetlands show on the map on this map uh have not been ground truth TR ground truth in order to provide more accurate mapping of the wetlands when the city receives a wetland delineation on specific sites the delineations will be accepted by the city of Titusville and the future land use map um and so my question is um could you explain the process so if they have their own environmental study do we take that and we put that in our comp plan based off of what they've given us and if that if that's the case how do we vet um I think the company's biotech how do we vet to make sure that's an accurate um environmental study so the way that a wetland survey is conducted is a wetland scientist will flag the boundaries of a wetland and then a survey will come in behind and with a GPS tool Mark where those flags are and that gives you the Wetland survey the city back in um um around 1988 after the the national Wetland inventory map um had been issued which is a national scale um map of where wetlands are located um throughout the country the city used that to apply uh conservation future land use to protect Wetlands acknowledging that those aren't ground trees truth wetlands and that there will be a need to amend the boundaries over time and so the this is the the city's process currently is that when we receive new information about the data of where a wetland is we go through the rezoning and the small scale amendment to change the future land use designation and the accompaning zoning designation on the property to match those District boundaries any other questions of the staff saying none anyone care to make a motion member Charles I make a motion that we recommend approval to the city council for uh 9A small scale comprehensive plan uh amendment number 6-24 is there a second second second by member Aon viice chairman Aon any further discussion roll call please member Gad yes Vice chairman Eton yes member Childs yes member moso yes secretary Grant yes member faon yes chairman Richardson yes okay Eddie you expected this question when will it come up before city council this item will be coming to City Council on July 23rd is there a second part to this Lori could you repeat the motion that you heard me see I heard it was approved and approval of the SSA and that's what I heard um so I believe that member child's intended to capture both the future land use and resoning ordinance by his motion um that it was a pretty concise report the public hearing for that item was you know presenting both of those two ordinances and that is fine and as we go into our next item I want to just reiterate that the same process will be utilized for the SSA there will be one public hearing for the two items um if the board members are inclined to make a motion for both in one motion you can do that or you could separate them and have two separate motions any questions CHC said next item thank you sir this is item 9B small scale comprehensive plan amendment number 3 2022 Bristol Titusville and before I read the summary I just wanted to um highlight that on your agenda tonight there's item 9B which is the change to the Future land use designation for this subject property and the rezoning and then item 9 C which if the uh if the ordinances in 9B are approved item 9C would be an amendment to the text in our comprehensive plan um enabling the PD that would have been approved earlier in 9B so again the the overall project is being covered by both items 9B and 9C and in item 9B will'll start with um with that item you're considering the change to the Future land ignation and the resoning there will be one public hearing and we'll need two votes two actions the applicant Bristol Development Group LLC is requesting a smallscale comprehensive plan Amendment SSA with rezoning to develop a plan development project consisting of six four-story multif family buildings with a total of 304 units Associated Clubhouse open space areas and ancillary parking and storm water infrastructure on property located at 8225 wind overway the property lies south of Cheney Highway West of wind overway and Windover Farms of Titusville residential subdivision east of I95 and north of land currently utilized as a hobby remote controlled aircraft Park the request is Illustrated on a master plan and is controlled by the PD ordinance a separate amendment to add the proposed residential density of 11.7 units per acre to the comprehensive plan is included comprehensive plan amendment number two 2024 uh I'll read the findings items that support the proposed request the smallscale planned unit development land use amendment is consistent with the comprehensive plan the comprehensive plan text regular Amendment will limit the residential density to a scale that is appropriate to the surrounding residential land uses the rezoning and master plan are generally consistent with planned unit development comprehensive plan land use category and the Land Development regulations including the PD and resoning criteria described in section 33-8 and 34-40 and Master Plan criteria described in 34- 55 of the code there are no adverse impacts to State Road 50 Cheney Highway and wind overway see staff comment under future land use element policy 1.17.1 on page 10 for references to the resoning traffic impact analysis and traffic study the plan development will not create or generate traffic along local streets in residential areas or clusters outside the PD area a variety of housing options are needed to accommodate the design ERS of residents including rental apartments findings that do not support the proposed request the current commercial highdensity excuse me the current commercial high-intensity future land use and the regional commercial RC zoning District were approved in 2008 with a binding concept plan for commercial development the city has less than 20% of combined commercial and Industrial land use categories the amendment will continue to reduce the cumulative Anchorage of non-residential land use categories in the the city the master plan could better address the planned unit development future land use element policies 1.19.1 1.1 19.3 1.9.5 6 7 and 10 to encourage creative approaches in Housing Development types and styles interesting street Scapes architectural Styles and a mixture of uses a market demand analysis economic impact analysis or fiscal impact analysis was not submitted to address the comprehensive plan land use Amendment spraw Criterion described in section 34-23 of the code the analysis should address the extent to which the landuse amendment results in positive market economic and fiscal benefits of the area the city's existing residential Landes designations and approved or proposed multif family apartment developments can accommodate the projected new population growth the applicant did not provide specific information that demonstrates how the project protects the health safety and W welfare to a greater extent than the standard code section 33-5 A1 of the code States the applicant is responsible for demonstrating the project protects the health safety and Welfare of the general public to a greater extent than would have been possible pursuant to the standard zoning districts the conditions of approval include a list of permitted uses a maximum of 304 residential units height up to two driveways open space and recreational amenities and bicycle facilities included in the agenda is a new traffic study that was submitted June 12th 2024 the staff report does not reflect any updates that might be proposed or stated in the new traffic study thank you are the questions of the staff U member Gad thank you Mr chairman you Eddie you mentioned that there's a new traffic study submitted is the one that was provided to us that new study yes sir than you any other questions any other questions okay I do I do have one there's a typle on page 120 just FY and the address page 120 for the window way it's it says 8825 instead of 8225 I think but which I'm really surprised in the document this big there's there's not more typos so congratulations on that but thank you which which line is that I think it's um oh I was let's see I see it thank you see it okay uh Just for information purposes uh member Charles referred to the fact that this item is over 600 pages of our agenda okay we'll hear from the applicant first good evening uh Cole Oliver for the applicant uh rossway Swan is my Law Firm my res or address is 1901 South Harbor City Boulevard Melbourne Florida um first you know I'm going to try to be pretty brief with a pretty complex item as I know from a 600 page staff report you guys had a lot of homework and um compliment to your staff the citizens involvement and everyone on this process um you know first I'd really like to thank staff for their hard work on the report there's a lot of information in here it's a complicated issue and um you know I would say that we agree with probably 95% of their findings we do like the opportunity to provide some supplemental information to address some of the concerns that they raised in um the last section that Brad was I me excuse me he was uh referencing and then I'd like to just give a little brief his before I get into that I'd like to give a little brief history of the property so this property was annexed into the city do you remember what year off the top of your head I I believe it was in the '90s it may been in the early 2000s but in um 1995 the owner of the property Windover Farms Inc donated a uh utility easement to the city of Titusville where the city of Titusville it runs along the North Boundary of this property line the South Boundary of Mr Dell's property and ties in the sewer Force main and the reclaimed water underneath I9 to the city's sewer plant um later in the 2008 time frame a developer came in and placed this piece of land and Mr Dell's land under contract and came to the city with a comprehensive uh site plan and resoning effort which has resulted in where we are today with this Regional commercial with the binding site plan that is referenced in um the staff report we have a copy of that old site plan and the city's code basically States if you show a concept site plan at the hearing that concept site plan becomes binding on the property I know you guys know that but just kind of for the audience so that we're all um working from the same page nonetheless we utilized uh 2008 happened 2009 happened Great Recession the developer went under the property has set undeveloped for a number of years till day and during that timeline the owner of the property received a clearing permit from the city and a storm waterer uh Wetlands impact permit for the St John's Water Management District they donated approximately 170 acres of land to the St John's um for wetland preservation on the just on the west side of I95 and on the east side of the property or the east side of 95 on the south side of the subject property they place a conservation easement that is approximately 5 and a half acres something like that I don't know the exact number which remains there today and is protecting those wetlands in perpetuity that conservation easement is uh held by the St John's Water Management District and it's theirs to enforce and you know that the owner of the land has to comply with it so that property is protected in perpetuity um now when 2009 happened in the Great Recession the con the developer who had all the property under contract went bust and the two Property Owners Mr denell and the window Farms Inc are no longer bound by the same contract but they have this one site plan that overlies both properties and as long as that binding site plan is there those properties have to come in in front of you guys to do any sort of development period to remove that site plan um and so that's one of the main reasons we're here today what we're bringing before you is the proposed plan development a PUD is a comp plan use the plan development is the zoning and that came about as a result of a series of meetings with the Windover Farms folks back in approximately two years ago when this developer placed a property under contract we met with the HOA president a couple representatives from Windover Farms to show them the concept plan that we were were're going to you know be bringing forward in that meeting they those Representatives expressed you know some a lot of the concerns that you're going to hear tonight and some of them we couldn't address to their satisfaction and they also raised a number of concerns that we took great steps to to try to change um you know some of those concerns were they were concerned that the residents of the apartment complex would utilize their park and they didn't want strangers coming into their neighborhood so they redesigned the subdivision and put or the p and put their own park within that PUD to accommodate their citizens um there were concerns about the proper the apartment buildings being up close to the road and the proximity that puts to some of the other commercial properties and wind overway proper they redesign the site to move those buildings away from Windover Farms or Windover Way Road to provide the maximum distance they could from the single family residences we've agreed to keep all the lighting on site so we have no spill over and to try to minimize noise and those types of concerns we've agreed to um increase the distance from that the principal buildings would be from the main road and to maintain the petitive buffer with all the existing mature vegetation that's there along wind overway with the exception of the invasive species that we're allow we're required to move remove by code that might be in there but you know we're amable to coming back in and and repl planning that undergrowth with Florida native species to try to again keep that screening to the maximum for that road um so that was the first meeting back in I believe 2022 we held a subsequent meeting and 2023 the community engagement meeting um a lot of residents were there we had a uh healthy lengthy discussion um we didn't come to agreement on a lot of the issues but we you know we tried to accommodate where we could you know the developer felt at that point they had already taken the first bite at the Apple and done the maximum they could to address the concerns that were brought up in the first meeting again we've gone through the process tried to redesign see if we can meet their concerns we met again with the neighborhood association or the community I believe it was the couple weeks ago maybe 10 days ago um I don't remember the exact date off the top of my head most of the same concerns exist your going to hear a lot of those tonight regarding concerns on traffic you're going to hear concerns about drainage and the wildlife and the you know flooding concerns of the citizens you know our our position is we agree with the staff report that we've done what we've can to to meet those elements of it moving towards the staff recommendations that was in the um the draft report that I have as it relates to the plan unit development and the small scale comp plan you know and I'll quote the staff report it says consider approval of the comp plan by considering the appropriateness of residential development in the form of the plan unit development land use as it relates to the one the location compatibility surrounding uses concurrency access management consistent with the comprehensive plan and so five or six elements depending on how you group them together to to address each of those in turn you know I just would again point back to the staff report itself and the findings therein as to the location on page you know I have a quotea multif family zoning behind a commercial zoning is an appropriate land use pattern when you're buffering you know single family M to high density the commercial the residential component of an apartment complex is appropriate pattern and then quote development appears to be the optimal land use pattern is compatible with the surrounding area the multif family is an appropriate use to buffer the commercial and the single family uses and the parcel that his own residential manufactured housing to the southeast that's addressing the location concern that was you know in here the next is the compatibility with the surrounding uses and the staff report says the amendment will limit the residential density to a scale that is appropriate to the surrounding residential land uses goes on to State the land use derangement will result in the land pattern is compatible with the surrounding area the multif family development is not expected to generate any detriment to the public safety welfare of the general area the proposed multifamily could be considered a less intense use with greater compatibility to the wind over Farms Community than the regional commercial which is owned for or land used for today as to the concurrency the staff States preliminary concurrency assessment was completed indicating available capacity for water sewer transportation and parks to serve the proposed development as to the sprawl component which is is referenced in the um staff report you know I quote back to the the staff's language and it and the report is quote the master plan will not result in urban sprawl and quote the proposed residential land use within the context of the surrounding commercial and lowdensity residential land use lend to a sustainable development pattern meaning it's not requiring additional roads to be built additional um infrastructure to be built to service this this new property or this growth the final item is the access management Transportation component which we'll hear you know a lot about tonight I presume and um you know the staff says there are no adverse impacts to State Road 50 and Winder way and the plan development will not create or generate traffic along local streets and residential areas or clusters outside the PD area we agree with these findings the next is a proposed development would generate quote significantly fewer daily trips and a previously proposed osed and approved conceptual commercial development the traffic impact analysis which is slightly different than the traffic study that has been provided to the staff staff has both states that the down zoning results in a reduction in Daily trips from 872 daily trips to, 144 daily trips so about a 80 I hate to do math in public 80% reduction or so in the daily trips now to the point that was made in the staff report on the applicant didn't provide sufficient information on how this would greater benefit the public health selfy and W welfare than the existing zoning condition um you know we would state that the existing zoning is what's caused this blighted area out there because no one can redevelop it without coming through with a you know comp plan Amendment and that's difficult you know we no matter what comes before us there's going to be people that upset when you come in and ask for a comp plan Amendment and a resoning which both are required to remove this um this 2008 concept plan that was a good maybe a good idea at the time things have changed since then um you know next you know we have worked within the ordinance that's proposed in the PD to restrict the development to provide greater building setbacks and are other otherwise required in the code we have limited the maximum building coverage that would you know would otherwise you know lower than otherwise is allowable by the code we've eliminated the maximum coverage area of the building lower than what is otherwise allowed in the code We Believe those are all improvements to the the Public Health selfy and Welfare by creating more Open Spaces than would otherwise be required uh less impervious surface um being one of the major ones the next one is we've agreed to Main maintain the heights of the buildings lower than what is otherwise allowed in this zoning code this zoning code has no theoretical height limit as it's the regional commercial and depending on your how far you can set back your building you can go up higher I believe it's a one foot setback gets you one foot higher in height I don't know the exact sliding scale on that um again we also believe that the proposed development significant reduction in the traffic counts noise and lights associated with the same is greater than the you know greater than the existing uh zoning code would allow and you know finally as to probably I guess I don't know if this is considered the uh you know the welfare component or what you know the proposed plan does not it allows the city to leave its existing sewer lines where they are that 1995 sewer and reuse lines that 1995 easement that was referenced early in the plan has a provision that if the city's lines conflict with any sort of plan development of the of the owner of the land the city is required to come in and relocate those lines at their own expense and that's two 24 in pressurized lines running under I95 this proposed plan development took steps to protect that and make sure none of the drainage structures that would have to go in and none of the buildings or any of that would conflict with those lines so those are allowed to remain in place I don't know what the exact cost would be to relocate those you know com a new project that a client did you know in the South part of the county it was a I believe a mid seven seven figures number to put it in not to relocate um so the final uh component would be just touching real quickly on the um the section objective One n of the plan unit developments that staff references we believe that we we meet a lot of these elements in here namely um you know it says the city of tville shall establish the plan unit development concept for residential commercial and Industrial land uses and consider other mixed use components and land development techniques then it starts ticking through the different policies we believe that we meet 11 192 the providing of pedestrian cycling facilities and urban plazas and open space which are contained within our development we agree with the staff's um recommendation that a pedestrian bicycle unit or path be put in um we're amable to doing that um we believe that we protect 11 194 we protect the public access to the Natural amenities you know here it's the wetlands involved the public currently has access to that property along a public RightWay that is south of the property off of pin road that access remains and those wetlands are protected in perpetuity so that remains um you know then 1195 it says that's said encouraging creative approaches in commercial and office development this isn't a proposed commercial or office development um encourage a combination of housing types and styles including single family two family multif family developments we are doing a type of multif family developments um it's it doesn't say that it's required that you have all of those we we have a combination of building sizes we have a combination of building bedroom and numbers of bedrooms within those units and this multif family component gives people an option who don't necessarily want to live in single family homes for whatever reasons whether they can't afford it or they don't want the upkeep cost or you know they're here for a limited period of time due to the workforce needs we believe we meet a policy 11 197 the encourag flexibility and design by permitted development clusterings I mean essentially that is what an apartment complex is it's clustering the development and avoiding urban sprawl by getting people close together encourage the preservation of common open space recreational facilities and natural features such as Woodland and Wetland areas that's we're doing that we've conserve the Wetland areas have conservation eement on they're protected forever the natural features of the wood lenss are a longwind every way we maintain those mature species again with the caveat that if that mature species is an invasive one it's going to have to come out um but we're open to replanting that with Native species to the extent it opens up any sort of visual impairment or anything like that and then the final uh couple of pieces are considered the carrying capacity the various levels of service for infrastructure and services the staff has already provided saying we've run our preliminary concurrency estimates and the it's all there um then policy 10 is encourage mixed use zoning districts again that's encourage a mixed use zoning distance we're not we're not promoting a mixed use development and it's not this policy doesn't say it requires a mixed use component and then policy 11911 encourage development of vacant andr are used urbanized area to minimize urban sprawl we agree with the staff's finding this is minimizing urban sprawl we're not we're utilizing a currently underutilized piece of property that can't be utilized under the existing zoning with that binding concept plan there and that takes us through 11911 but that's you know really all I had to bring for you tonight I know we're going to have a lot of public comments I do have the developer Bristol development here and our engineer with kimley horn here should youall have any questions that are too technical in nature because that's again I'm an attorney not a engineer are there any questions of the applicant I heard you make reference to the St John's Water Management District are you a member of that District I am I'm currently on the governing board as a there a conflict of interest no this conservation easement was put in place well before my time on the board will you um if any it comes up at one of their meetings will you abstain I would have to recuse myself for sure any other questions okay thank you u a question from representative um your historical description of the background of The Binding plan was covered by multiple land owners so there was an aggregation of various parties interests when the master plan was approved they were both under contractual arrangement with the develop velop ER at that time yes so the aggregation of various Parcels of land created under that master plan a larger parcel for development in that master plan that's currently presented I'm sorry I'm hard hearing so I'm trying to turn my head my good the plan that's submitted is a smaller land area than the original uh binding plan correct which was made up of aggregated parcels of land combined in contract as you put it they yes they were under contract together they're never actually aggregated but they did become come before this body as a joint application is my understanding I was not here at the time and The Binding plan would have run from the boundary with the road Network Highway 50 and the exit to high 95 across and inclusive of your client's parcel I believe that's correct yes sir thank you any other questions Mr Charles have one um since you're you're a lawyer you soon all right sorry um it's all right um so uh as far as the plan development shall is according to the comp plan I know what staffs I see staff's comment on here but um a plan development shall be so located with respect to arterial streets collector streets and other Transportation facilities as to provide direct access to such PD without creating or generating traffic along local streets residential areas or clusters outside the PD um their the staff's comment is that it won't generate or would not create or generate traffic along local streets and residential areas or clusters but isn't it going onto wind over way is the entrance from the plane development or is it yeah that's correct but the key there is that go ahead that's commercial property that is surrounding wind overway at that point so it's local roads within residential areas as defined by the city wind over way on that component is a local road but it is a local road that is within a commercial District but that doesn't say that here so you're saying oh local streets in a residential area so since this is a commercial area it doesn't apply is that what you're saying that's our reading of it and then I'm you know staff can that's my reading of it staff's reading I don't know you can ask your staff on that one okay thank you any other questions Mr gr it's maybe a question for your engineer with Kimberly horn um and I asked earlier of Staff regarding the traffic study that was presented and that being the most recent one yes I I noted that the analysis focuses on the intersection of Windover uh way with Highway 50 and it focuses on the intersections that traffic would leave that intersection and travel east principally to state Ro 405 and it studied the intersection I believe of uh wind over Trail at uh col I asked Eddie that I mess it up I'm sorry Challenger Boulevard Columbia Columbia okay um there didn't seem to be any analysis whatsoever of directional traffic leaving the site and using wind over way to the intersection with Windover Trail and I'd like to know why uh as a kind of a overarching comment it's an old saying about water will seek its path of least resistance I'm thinking I'm apartment dweller and I'm trying to go out on Highway 50 the way the traffic patterns been analyzed but it's congested so and not too much I would be like water finding my path of least resistance and using those local streets sure and I'm interested in why the analysis didn't consider that as a potential yeah kimley horn did the civil engineering um LTG did the traffic report last year Transit group they had a conflict and couldn't be here tonight I did you know that came up in our um meeting with the uh citizens and the community engagement meeting and without the technical side which I don't have the background to speak to but the general answer to that question is that traffic methodology was presented to an approved by the city so that's why the study was conducted in that manner and my understanding is it was conducted in that manner because the manner in which it shows the traffic flowing is the worst possible scenario that that may be the question I asked was it maybe your professional engineer can answer it since you're an attorney and you don't know that you couldn't answer my question and I also would ask and I I appreciate staff having the transportation expertise here um and that's a question I'll pass to either one of the experts first with your Consulting engineer if he can help us with it he can try he's not a traffic engineer to a shot but that's fine that's fine then I would turn to staff and just ask the story of my comment adage of water seeks its path of least resistance uh would you agree that it would be highly unlikely the traffic would divert from the design and the analyses to be out to Highway 50 principally wholly as you said the worst case scenario and that some portion of traffic would divert to ride the local streets out to the controlled intersection which is Windover Trail uh and also the fact that most people would go shopping for goods and services and the natural pattern would be all due respect to the business named Walmart and uh that being said going from wind over Trail to Walmart's already a congested area due to the way they designed the Murphy Oil and any given day and I go there a lot to buy fuel you find yourself hung out in the intersection more routinely almost consistently when the light changes and if you add these trips even a degree of the worst case scenario I would think that would create a pretty bad conflict or amplify the conflict that's already there so how's your feeling on traffic diversion that would take the local streets as opposed to 100% of the traffic at Highway 50 at wind overway yeah they ran uh what's called a transportation model and the model it's a it's a complicated mathematical model that looks at uh trip generation and trip attractions where people are going and how to get there and uh based on the model run it the model result was that uh the uh access via Windover Way is where the majority of the trips would go the uh other routes would attract some but those were negligible compared to what would go north on wind overway so the model would consider that if congestion occurred at PM Peak and am Peak periods at Highway 50 where you have an uncontrolled intersection and a stacking movement of these 1,400 automobile trips per day occurs and that Peak period being the critical part the model would say that people would sit in a stacking of line waiting for people turning u-turns at the corresponding oneway directional left turn off 50 merging traffic that impedes you from being being able to merge into the merge lane because you have decelerating traffic off I95 you have accelerating traffic paralleling that under I95 and you're going to do that with a stacking of cars because they can't merge and the model would suggest people wouldn't naturally like water find the path of least resistance and take the local stream the model does take into account the traffic movements the congestion and so on and so forth it does um again it it would it would shows some being distributed onto those other segments as well however it based on what what was found is that those would be negligible compared to what would go north on wind of away if I can just ask one further question so in degree uh use percentile negligibility 1% 10% 50% of 1400 trips PM Peak and am Peak which is I think several hundred um negligibly speaking if those trips diverted and used the local streets I found it interesting indeed that the intersection of a curve with a tangental road and a one-sided stop sign and I was going through that just a kind of experience and it was kind of interesting because if you had any volume of traffic at that particular point to get to wind over Trail it's it's just absolutely not too good uh [Applause] the just to clarify the 1400 is the daily trips during the peak hours in the 200 and some OD several hundred yes and so negligible for traffic distribution point of view would be somewhere in the 2% so or less so if you consider those you're talking about two cars three cars so out of four 300 plus apartments two cars might divert when the congestion impedes that's the models story that's the model yes I always the other I always like adages the other adage I have is about engineers can tell you bumblebees can't fly so I'm just a little puzzled how that really validly I'm I'm just not going to agree with the analysis I'm sorry well and I think from an important point from the comp plan and rezoning perspective is that this is a down zoning you look at it from a perspective what is currently permitted on the property with the existing zoning and this is an existing down zoning from that I think that's the important thing to keep in mind if I may I I I understand and that's why I asked the question earlier about the aggregation of property and the existing plan that's uh authorized I'm not speaking of what's already allowed it's speaking of aggregating properties which you've broken off of and the um the traffic impacted analysis looked at only those buildings that were located on the subject property before you tonight it did not add in the trips that would have been on the extra buildings on the North piece of property so if the whole thing got built it would be higher than the um the 8,700 number I don't know that exact number because that would analyze because that property wasn't part of it but M musos so you had your light on okay I I one follow up I had time to think and I have nothing against lawyers as they don't have anything against me you know what I mean um so you're saying since the commercial it's a commercial around it but after if we rezone this wouldn't it then be residential that area that immediate area is residential and then would that make the road a a local residential I see your point there um I get it but I believe it's still bounded by commercial on the other side of the road which is the Tourist uh design where the um so is the whole or does just part of the road need to have commercial in order for it to not be considered local I I don't have any answer to that I see your point though any other questions thank you thank you does the applicant have anyone else no I think they let me take the slings and arrows Lori do we have cards I'm sure we do yes sir so just so you know there's 31 cards for 9B and 25 for 9C I don't think we'll be here till 2:00 but maybe after 11 at least first card Bruce UT utler excuse me we get the public address turned up just a little bit uh yes we need to do that plus we need to speak louder and include the applicant as to speak louder but you need to come up and speak at the microphone to be a knowledged first time so Bruce utler 83 38 wind overway lived there for four months and I've seen an increase in the traffic there since we have moved in so I definitely object okay next card Sandra comes um Eddie could you help her with the microphone sh yeah thank my name is Dr Sandra comes I'm married to Bruce utler um and we just moved in um in February uh we bought the property with the Ambiance that we enjoy there and um I'm not sure where all of y'all live but um adding six four story apartment buildings to that environment is a bummer um so I understand the property owner wants to De develop the property but this planning has to be responsible with how it's going to impact the lives of everybody on wind overway when the in the development of the property there is a the driveways it shows two driveways but there's not there's only one and the driveway that's because the other one's for emergencies so this main driveway is closest to that intersection of w overway and w Trail so that means it's going to be a cluster whatever you call it right there anytime you try to get in and out of the development it's already difficult to Look Backwards when you're at Wendover Trail going onto wover way looking backwards to see if there's any traffic coming and I can't imagine that as the traffic I I believe that the traffic study is suspect in its accuracy because it does doesn't address the issues that you brought up um Mr jod that about the traffic at w over way and wind over Trail and according to the report it says that there's not going to be any modification of the streets roads stop signs anything there's nothing budgeted to take care of that were at a problem thank you next card Lori uh Penny Tidwell can I yeah please Penny Tidwell 3441 hours would way um even for this apartment I'm surprised we haven't had a fatality at 50 in Windover because of having the issue with the way they come off 95 on the 50 trying to get over into to the Lane to turn around to go back westbound on 50 you almost in my belief you'd have to hire a full-time police officer just to write accident reports there because it's going to be nothing but chaos the streets cannot our infrastructure I don't believe is ready to handle it I've had issues in the past couple weeks I haven't had enough pressure in my water lines to fill up my toilets because the water is so weak now now you bring 300 more units that's going to take more water off a Titus fil just since we've had this rain in the last weeks I see water sitting in the cers in the front yard we're not prepared to handle this massan of of extra people around us like you said going to Walmart Walmart can't handle the people we've got and add another 400 people we need to think real long and real hard I understand we can't avoid growth but we got to think about what kind of growth we can handle and if our infrastructure is here to take care of it or not and I I do definitely object to this project thank you thank you next card please Glenn buaka Michael M McAdams I think he's there thank you got uh comprehensive plan status Section 163 3177 Florida Statutes provides in part comprehensive plan shall provide the principles guidelines standards strategies for order and balanced future economic social physical environmental and fiscal development of the area that reflects Community commitments to implement the plan and its elements these principles and strategies show guide future plan and its elements uh in the decisions made in consistent Manner and shall contain programs and activities to ensure comprehensive plans are implemented and section 62. 3161 of the Florida Statutes also known as the community planning act it is the intent of this act that adopted comprehensive plans shall have the legal status set out in this act and that no public or private development shall be permitted except in Conformity with Comprehensive plans or elements or portions thereof prepared and adopted in Conformity with this act this is an objective in our comprehensive plan flu objective 1.9 the city of Titusville shall provide for appropriate and adequate land for commercial land uses through the designation of commercial high-intensity and Commercial low intensity land use designations on the future land use map well here we have the commercial high-intensity consistent with the comprehensive plan requested to go bye-bye the staff comments on page five in the staff report page 101 in your agenda packet of your agenda packet agrees and reads the existing commercial high intensity on the subject property is intended to serve the city and Regional commercial needs the existing future land use is consistent with the city's comprehensive plan and that it encourages clustering of commercial uses along the commercial segment of Cheney Highway and Interstate 995 Pages 68 15 and 16 of the staff report included in your agenda package State the existing commercial high-intensity land use and Regional commercial zoning is consistent with the city's comprehensive plan and are correct let's keep the current clusters of commercial businesses together instead of creating clusters of cars where the police department city code clearly restricts it along with local roads like wind overway thank you very much next card please Michael McAdams hello I live uh about as far into Windover as you can get it's horseshoe shaped and I live up on the toe end of it on Sir can you state your name and your address please I'm sorry your name and address Michael McAdams 2926 Morning Dove Way thank you um I've lived there for 23 years uh it's a great neighborhood we have a lot of people that are in and out of our neighborhood just looking uh which I did a long time before uh I moved there and uh it's just become crazy uh the traffic's not going to handle this many people living at the end of the road as people have said before getting out on Highway 50 now is one right turn if you want to go west you have to go to 407 light and make a U-turn or they have a little turn into uh Lowe's parking lot at Starbucks there that you can make a U-turn there will be a lot of that the traffic is unbelievable since I moved in there um I wait and it's crazy you have people coming in from the west from Orlando you have people coming off I95 North and South uh the lights don't handle it I've seen it backed up going under I95 West um almost back to 405 and 407 it's it it just can't deal with it my water pressure at the end of wind over Farms is like the lady was saying almost non-existent sometime we have the city coming out and flushing our uh water lines constantly because of the quality of our water we are at the end of the line in Titusville I understand and and Coco uh it's just unbelievable we can't in an emergency we would never be able to deal with getting people out of there if there was a fire and wind over farms and we have a lot of Woodlands out there a lot of woods uh that we like and people had to get out of there that in would be totally blocked going out of there three ways in uh fire station on 405 Highway 50 and wind over Trail 23 years it's just gotten worse and worse and worse um can't see how this can be allowed to go I really can't thank you next card Lori Cynthia hamsley my name is Cynthia hamsley my address is 8083 wind over way so I'm relatively close to the where it's all this is going to happen um I am against it historically for those of you I moved into the neighborhood in 2010 the intersection at Highway 50 has already been redone once I can testify that I wrote several accidents from that intersection because it used to not be a right turn only and people were allowed to cross the road um it was a dangerous intersection then it did get a little better when they made everybody start taking the right turn as far as accidents have been concerned and claims from that particular intersection but um I go in and out of our neighborhood six times a day um and the I have kids um the the path that you're talking about as far as reducing anything there's already traffic at the gas station that causes it to back up and then all it's going to do is hinder and and cause a a bigger cluster there at the at the intersection um my second concern is the water drainage every year since I've lived at my house and every part of Windover drive through it and it's it's Wetland I mean that's that's documented we're not all in a flood zone um my property is not deemed a flood zone but the water drainage is part of my biggest concern because that property that Canal that goes down behind my property it gets the drainage from that area and so that Canal that goes down behind our properties all that water comes in just about every year when you have a hurricane season when you open my back door I have a lake my neighbor's house is part of the lake and so is the other neighbors part of the lake that doesn't even count the water drainage problem we have on the main road I get it front and back the problems that we've had with the water drainage on the main road I can attest that there's several residents that are having to redo all their culs because of the water wash that's going through because the amount of water that we already have so those are my two concerns I appreciate it but I'm I'm against it thank you next card Lori Jacqueline leader my name is Jacqueline leader I live at 7762 wind overway and she really scared me one that but I know that that intersection is terrible and I don't think that this it's going to be good to have this many cars trying to get around I have the same problem as everybody else getting around that 50 and there should not be uh planning to have that in and out into Windover it's just not a good idea and then the attorneys reminded us about all the lighting I hadn't even thought about that all of the amount of light and I mean everybody everything everybody said has been bad so I'm definitely against this and thank you next card Rebecca Coran hi my name is Rebecca Kar and I live at Foxwood Drive 3491 and can I yield my time can you what give my time to Connie um no we're not get in the habit of that if she needs extra time we'll consider it okay um I disapprove for the same reason that everybody's been stating okay thank you okay thank you next card please Tom Karan Tom Curran 34 91 Fox with Drive uh I agree that I don't agree with the uh changes that are being brought up so yeah it's traffic is a big one the the water the water pressure every time they clean a fire Hydro do the water pressure is gone fa no matter where you at where you're at in now Windber Farms but the traffic going out on Highway 50 right now is atrocious uh the the traffic comes out of the uh off of I 95 on the uh yield side by the time the cars come out of there the lights change and come out of the under the bridge from I 95 and you can't get out it it's it's a mad dash even to get out on the highway 50 and you don't think that the 3 homes are going to have traffic going up wi over Trail into Walmart and uh Kohl's and Target and the gas stations that are over there it's it's ludicrous it's the traffic is horrible I don't know what you're going to do about it but that's got to be addressed thank you thank you next card Carla hen Carla hen address is 73 2 three wind overway I am totally opposed to this first of all the traffic you don't they didn't even approach the fact that if they're getting out on wind way and they work in Orlando it's not going to happen they got to go the other way to get to a light to go through five lights it's terrible and the water is another issue and that's it thank you next card please Terry hen uh Terry hen 7323 wind overway um we've been here since 2006 uh I first went through Windover in 1982 a coworker had built the house that we are now living in I was with an architectural firm in Miami uh Alfred Browning Parker Architects chartered and I was on a lot of projects but this I would really urge you all to if you haven't if you're not familiar with this area here just try to Picture This development and how it would affect this neighborhood and the original concept of the neighborhood it just seems like I can't understand why the owner would even let this happen but um yeah th this is just wind over W is almost like I95 to some of the people that drive through there there's a 25 mph 35 at the other end but it's it's dangerous sometimes I worry it just want out to get my mail but uh no I'm totally opposed to this and and I urge you all to uh if you haven't been there just visit that area and try to imagine how this would affect the people that live live there for that reason so thank you okay thank you next card carollyn radfield hi I'm Carolyn padfield 8214 wind over way I'm across the street from the projected project I completely disagree with this um we tried to fight Home Depot in the back of us uh didn't work as you can see it went up so did the lights so did the traffic so did the noise the constant beeping of the tractors going backwards uh the traffic on Windover Way We Bought an' 05 has quadrupled uh we have had I retired from the keys to move into to my house and retire because it was quaint it was country likee it was quiet it's not going to be quiet it's not going to be quaint I won't be able to sell my property it's going to depreciate with this monstrosity going across the street not even to mention the Emergency Services trying to get in and out of there uh right now when we were traveling back and forth I would have a police report in my mailbox because there was an accident on my front yard it took out the bridge mailbox car parts on the front lawn it was just left a huge ditch in the front yard it's going to get worse we can't get out of our driveway right now to go left or right onto wind over Trail it's very very dangerous it's only going to get worse this is not an appropriate project for wind over way or wind over farms and I thank you for your attention thank you next card Desiree Wimer my name is desire wymer I live at 7205 Morning Dove Court so I'm halfway in the middle of um Windover and I will tell you from personal experience I take the path of least resistance like you were saying with water I have kids I leave the neighborhood multiple times a day I have tried every and and exit of Windover that specific one on to 50 is dangerous I won't take it I've sat there for 10 15 minutes just as cars sped by in the morning for school the flooding has gotten worse I've lived there eight years I've seen neighbors post about how they're taking kayaks to their mailbox um and also the water pressure there are days when I'm at home where one of our toilets won't even flush because of the water pressure so well I'm against it thank you next Brandon Hollis hello my name is Brandon Hollis I live at 2877 Morning Dove Way and I've live there since 2006 uh wind overway is a six to seven mile u-shaped drive from one entrance to the other and I live at the at the three miles back from either entrance it's winding there's no sidewalk so we have quite a few Walkers and bikers on the road daily and there are several blind driveways around curves it is self-evident the long-term plan of the winding wind overway Road was intended to only accommodate the neighborhood residential traffic thank you next card Abby Hollis hi I'm Abby Hollis married to him uh 2877 morning doway we are back in the very back um U of the neighborhood um the traffic situation as you guys know at 50 in wind overway is atrocious um even just coming home from Walmart on wind over Trail um as the first lady said you have to literally look behind you to see if there's traffic coming so in the 4:30 to 5:30 range of the day you have to really pay close attention because people are SA sailing along there coming home from work coming off 95 rolling through there and so I just am very concerned about the traffic and especially for the neighbors that live right in that area so thank you for taking time to listen to us next card please Sandra Clinger yeah that's okay yeah you got it all I this is just a summary this is just a condensed version of the the official objection letter we sent okay go ahead Sandra Clinger 2680 Bobcat Trail first I want to address one of the the question you raised about Windover Way to the right and Windover Trail why it was not included in the model is it is outside of the boundary area they included in the model so if it was in the boundary area it would have been assessed but it was not um wover has voiced this pretty much consistent objections from the beginning for this proposed project first of all as you all have read the description uh of ldr 33-5 1B that talks about the standards for PD uh shall be so located with respect to Aro streets collector streets other transportation to provide direct access to the PD without creating or generating traffic along local streets and residential areas there is no way you can Define Windover Way as not a residential area Windover Way was built as part of the plat for Windover Farms subdivision it is internal to our Subdivision plat the applicant proposes a direct access uh onto wever way it is a local Road it is defined in the city's code as a local Road wind everway itself has uh a lot of it has a width of 80 foot which accommodates the swes for drainage for the community however the Northwestern boundary of the Bristol property from that point to State Road 50 that RightWay width shrinks to 60 fet uh if you look at the city's definition for a collector Road the city requires a minimum of 90 ft so it doesn't meet any of the city's definitions for anything other than a local road that the applicant something that wasn't provided in your report is the applicant has an existing easement across the commercial property to its North to State Road 50 it's a 66 foot wide easement that's provided in the document we sent to you the applicant did note this to the city when they submitted their application that that easement existed and it could be used if necessary there is also that easement actually con connects to an existing concrete driveway that was in place from when the property was used historically here uh as a truck stop I included in our submittal documents aerial aerial imagery showing the property in use when it was used as a truck stop and I also provided current pictures showing the concrete entryway still exists today the applicant could have chosen to locate the direct PD access via their easement but they did not there is a historically established commercial driveway there it has existed for a long time the Bristol traffic study excluded the very portions of wind over way that would allow the how much extra time do you need uh just a minute if even that okay anybody object to give her one minute okay go ahead part of the PD review criteria for external compatibility requires that the pro proposed development shall not impact the quality of life for any bent residential uses negative impacts include decreased property value and substantial increase in noise or traffic if you don't include the segment of the road that is turning right into Windover farms and Windover Trail you won't find any impacts to residential areas because you're not looking for those impacts if you to properly assess this they had to consider that cars leaving that development would turn right their driveway has aprons going both directions they know cars leaving that driveway will turn right if you look at the master plan the master plan has aprons turning right and left why doesn't the traffic study include that so what uh ultimately what we ask is that you deny 3322 and it's Associated resenting master plan thank you next card Connie Milton you might as well stay up here first before my Connie mton before my time starts are we gonna have three minutes to speak on item C because we have B and C yes okay um Sandy talked about and I'm going to reiterate some more on this on this uh map here this survey it's actually a survey of Mr Donald's George Donald's property this 60t wide portion of wind overway it reduces to 60 feet here yeah there's 80 ft along the developments property but it's only 60 ft from here all the way to 50 this 66t wide rideway was put in place in 1998 by the current owner of this property that's being developed it was signed by Mr Donald it was signed by Windover Inc Cole Oliver's father-in-law I believe is the principal in Windover Inc so that was signed everybody knows about it and that would provide access from this property up to 50 and like Sandy mentioned there's already concrete driveway going over into this 60t 66t wide rway from this property from that gas station so it's already a precedent where you have in and out right here there's no need to put any access on the wind over way none whatsoever this provides the access required for this for this development the other thing is a four story apartment complex is not compatible with Windover Farms properties that are in average of 1 and a half units per acre a four story there's trees trees in all of State of Florida will not grow that high so maybe a twostory Apartments maybe three but certainly not four our story Windover Farms has 630 homes in Windover right now this will add another 300 and something really that just 50% again on top of what Windover has right now that that's a no-go for us as well um as far as uh the the environmental there's five a over five acres of environmental supposedly gun of conservation but what this developer is requesting is that that five and a half almost six acres of environmental be included in the development calculations so that it increases the amount of units they can put on that property now when that five plus acres six almost six acres of a environmental is absorbed into a PD there's nobody watching it as time goes on oh well we've got to put something over there we'll build another building whatever's going to happen and when you got folks sitting on the County Environmental commission this says oh yeah sure we'll just check that box it's okay to develop on that five six acres okay because it's internal to a PD this should not happen we are totally against this you should not approve this at all now there's some more points that probably need to be made but you get the picture thank you next card lindsy Grizzle Lindsay Grizzle and I'm at 2605 Gator Trail in the middle of Windover so I access both ends of um Windover frequently um I just wanted to point out this I know we've talked about the different emissions from the traffic study um but I made a visual for it and basically the red is the areas that were not included in the traffic study so everything coming out of Bristol taking a right and going up Windover Trail was not included um the impact on Windover Trail in 405 was not included um this is a major concern right here when I I take my daughter to astronaut and I have to come out here do this U-turn sometimes if I can't get across the three lanes of traffic this this Lane the Middle Lane and the turn lane then I have to come down to 405 and make a U-turn there so my other option would be to come out of Windover and go down Windover Trail hit this light and come to hit 95 so it's not just people going to Orlando right I know that was something that was presented to us initially like these are people that are going to be working and you know coming temporarily to the um to the apartment complex but it's not just going on going back to Orlando it's going if you get 95 north or 995 South as well um the okay so that's that um I also want to point out um the traffic addendum so we had the original traffic study that we looked at um that was presented by or given to us by Bristol um the then there was an addendum that was the impact I think Mr Oliver said impact analysis and that was on April 9th um of 2023 and that it's called the technical me memorandum and this was put together as a supplement to kind of cherry-pick the original traffic study points out and um it was okay I'll just read this was used to create a false narrative to distract from the non-compliant issues with the Bristol PD proposed multif family development as submitted um depicted on their master plan now the traffic study addendum compares the applicants proposed um PD highdensity multi family trip generations and Compares that to the impact of a 2008 which is 16 years old um Regional commercial zoning site plan for a large square that that was the um aggregated group of properties put together so by saying that the impact is going to be less with the development the proposed development compared to the commercial development the commercial de development that they used that they're comparing it to is not just the com the proper or the uh traffic coming out from this piece of commercial property it's included it includes the rest of the um originally plotted or originally um combined um development do you need extra time one minute if that okay you have an extra minute thank you um the so with the regional commercial um they would be they're required to have at least 200 or 200 ft of um acreage onto on um a collector Road um and by doing that I'm sorry onto the road so by combining the the original um uh aggregated group of properties into that traffic study it's not um that's not currently what is would be coming out of a commercial property for that piece of property if that makes sense um thank you thank you next card Cynthia Taylor hi I'm Cynthia Taylor from and I live at 8158 wind of way and I am against it I've been I lived I've been there since 1987 um Brazil development's original application requested a land use change from the current commercial high intensity and conservation to high density residential high density residential however posed a significant issue an issue that is currently a highly litigated issue between the city and another neighborhood in town that you are all familiar with a high density residential development requires access onto an arterial Road or a collector Road not a local or public road so they switch to PD zoning PD zoning also high density development Land Development regulation SEC section 28-37 multifamily high density residential R3 zoning standards and cities comprehensive plan policy 1.4.6 says these developments shall be located adjacent to at least a collector or arterial Street unless the property is located along the following local road which already has a multifam development pattern and is capable of supporting higher density rockpit Road from Tropic Street to South Street wind overway is a local road that is not rockpit road to avoid this blatant barrier Bristol change their application to plan unit development land use instead just because they requested change from high density residential to plan unit development does not change the fact that Bristol is still a multifamily high density residential development and the traffic generate generated should not impact local streets since they requested the modification on their application the site plans have no significant change to justify the need for a plan unit development over the initial high density residential request this request is still a high density residential it looks the same as R3 which with no mixed land use options foros such as including a commercial component or even a variety of housing Types on the property to support PD request developments in PD zoning also require direct access onto arterial or collector roadways in Titusville ldr section 35 3-5 A2 the burto PD property has an existing 66t wide easement to an existing driveway onto at State Road 50 which would give them direct access and be in compliance with the city's ldrs but they are choosing non-compliance please deny SSA 3-2020 as currently depicted in the master plan and I've also been at Windover since 1987 and the flooding has gotten consistently worse the water especially during Hurricane Season or the rainy season thank you next card Kevin kler good evening I'm Kevin Kaylor live at 2865 Morning Dove Way um if you'd look at the uh reference page 15 of the staff report PD policy and the comprehensive plan indicates the existing zoning if consistent with the comprehensive plan shall be presumed to pre shall be presumed correct unless substantial change in the area has occurred since the original zoning the area zoning districts were established from 1993 to 2008 with no changes for the past 26 years there have been no substantial change to Warrant a change of Zoning for the property of 8225 wind overway staff reports suggest this stating the existing RC zoning is intended to serve the city and Regional commercial needs the existing zoning is consistent with the city's comprehensive plan in that it encourages clustering of the commercial uses along the commercial segment of Cheney Highway sr50 and I95 the current commercial zoning ordinances include several conditions to a specific commercial development including a binding concept plan a requirement that a development agreement is sub submitted and other considerate conditions related to the Wetland preservation The Binding concept plan includes the commercial property immediately to the north the residents of wover bought their homes knowing the existing zoning districts the staff reports indicates the existing zoning is consistent with the comprehensive plan and there have been no substantial changes in the area for decades we ask that you deny SAA 32022 keep our City's well established zoning patterns in the area deemed consistent while supporting the main maintenance of commercially zoned properties and if you would also refer to page 27 1.4 the zoning review criteria requires you to look at the environmental impact of the proposed resoning the applicant is requesting to take the current 5.52 Acres of conservation Wetland do away with the current protective zoning land use open space Recreation conservation and incorporate into the bulk planned unit velopment land use instead they indicate they are not planning to that they are not planning to retain the Wetland why are they requesting the resonant into planned development the adjacent property to the south and east are currently conservation open space and Recreation and this piece of 8225 wind overway should remain protected as conservation or or o the staff reports indicates an existing Wetland located in the southwest portion of the site is currently located within a conservation easement the conservation areas will be owned and maintained by the owner based on best management practices well what constitutes best management practices for development when maintaining a wetland if this portion of the property is rezoned from conservation to PD now it will be remove the Public's ability to be notified if there is ever proposed change to the Wetland portion of the property property and a simple Administration move prompted by the property owner to the St John's River Water Management District could result in mitigation and just to note Bristol's attorney Cole Oliver is on the board of the St John Rivers Water Management it does seem like an administrative proposal for mitigating this portion of the wetlands would be easy feat for Bristol please deny this thank you thank you the next card Dell Coler Dale Kaylor 2865 Morning Dove Way could you move the mic because I'm short Dale Kaylor 2865 morning dway I really object to this I don't see the need for 304 apartment complexes up there when we had the meeting we asked them about parking how big of a parking lot are you going to have well each place is going to have 1.4 spaces for cars I don't know about y'all but we have three cars in our driveway and the lawyer's response was well it's for a mother and two children there's not a mother and two children that's not going to have by themselves in in supposedly luxury apartment I definitely object thank you thank you next card Ron Yol hi Ron ball 6535 wind overway I wanted to address the loss of commercial properties or commercial land use uh Titusville has made great strides in accommodating the housing crisis now we must keep our commercially own properties for commercial development many have expressed concern about the lack of commercial property and fought to protected commercial property in our city is needed to match the influx of population moving to Titusville we need more local businesses to generate jobs and incomes as well as provide places for us to shop and eat and services that we need the staff report for Bristol does not support the proposed request for charge changing the commercial to residential on page 95 in your agenda packet staff indicates the current commercial high-intensity future land use and the regional commercial zoning District were approved in 2008 after a binding concept plan for commercial development the city has less than 20% of combined commercial and Industrial land use categories this amendment will continue to reduce the cumulative acreage of non-residential land use categories in the city and then on page five in the staff report based on the most recent reports the existing vacant residential land use designations have more than enough vested and available residential units to accommodate growth projections to 2030 there are six rental apartment developments currently in site plan review are under construction the city currently has less than 20% of combined commercial and Industrial land use categories and this amendment will continue to reduce that amount please deny SSA 3- 2022 is it'll further reduce Titus Phil's ability to develop and sustain business where we can look work and Shop locally and also I just wanted to briefly comment on the traffic study that was submitted a week ago I don't know that anybody in our group has had a chance to look at it to make a comment that's kind of a late submitt when the meeting is today okay thank you next card Pamela malsbury good evening my name is Pamela malsbury and I live at 7406 window over way what I would like to talk to you about today is the building height and the surrounding vegetation so with the proposed plan of the development um land use site it shows that there will will be six apartment buildings four stories high to a maximum of 50 ft there is no president for a four-story building east of 95 until you come to riverfront property miles away there's not a compatible it's this is not compatible with surrounding areas and the local vegetation does not provide enough screen or barrier from the buildings of this potential height of 50 50t I'm sorry I'm nervous this proposal is incompatible with residential development on the east side of 95 in that area particularly adjacent to the large lot re rural residential um homes one full story taller than any of the trees can even provide um shield from the noise and the light per the September 16th 2021 Atlantic environmental ass assessment on Bristol property and that's on page 159 in your agenda uh package and that would be this and I'm going to try to do it the orange area is 1.64 Acres Orange on the map on the property is dominated by Pines and that's this right here um by Pines cabbage Palm Brazilian Peppers salt pomades galberry and madine grates 2. um 53 Acres which is the blue property right in here is um man-made storm water ponds and 99 Acres which is a yellow yeah the orange was sorry it's a yellow um is considered wetlands and vegetation of cattails and saw grass and Scattered uh salt bushes which generally do not reach over 10 ft um 5.89 acres is considered mix Wetland and hardwood Section 3 3-8 on the code States negative impact can include any substantial increase in noise and traffic there will be an increase road noise any surface Google search on traffic noise and property value show that there is an inverse relationship to decimals increase value and it decreases the value of how much more time do you need I'm sorry how much more time do you just a few more little points and they're um how about a minute it's very short one minute I'm I'm sorry I'm one minute one minute yeah just um well we bought our home on a local Road one minute enough one minute is enough I'm sorry thank you we bought our homes on a local road which has limited traffic and related noise traffic is not an issue with for for us currently what we now a quiet rural area with only neighborhood traffic will bombard with through traffic with no change chance of vegetation barrier blocking the six buildings 50 ft high and I'm just going to urge you to deny the SSA 3 2022 as this large and UNC concurrent development will certainly impact the amount of noise light poll pollution affecting quiet wind over ways and I will say I love laying on my back porch looking up at the stars and all the stuff that's out there and if I lived closer to this development I would not be able to see what I can see today so I thank you for the extra minute and the extra time thank you next card Jeremy Gibson good evening uh my name is jiren Gibson I live at 8222 uh wi of away so I'm the first house closest to the property um information I'm going to give is off most likely off the old traffic study that so just bear with that um so I don't believe uh you have been provided with actual traffic study uh which the city planning team is using to recommend development the staff report clearly states on pages 10 to 17 of their report that the plan development will not create or generate traffic along local streets and residential areas or clusters outside the PD area in reference to the traffic impact analysis and the traffic study U but the traffic impact analysis and traffic study does not even mention yet alone analyze over half of the potential affected Road segments so you're being presented with a pretty impactful conclusion drawn from faulty data collection resulting in a biased recommendation uh the traffic figures show the number of trips calculated at the intersect of the project driveway and Windover Way during a and p.m peak hours the legend shows that the 2025 total background or in case the current traffic trips are added to the projected trips to equal the 2025 total buildout uh traffic trips and total Pro projected trips if the development were to be built uh this study indicates that during Peak am hours there are zero proposed trips when taking a right turn out of the projected driveway and there's zero pres uh proposed trips when taking a left uh turn into the projected driveway similar during the PM hours the zero proposed trips when taking a right turn out and then also zero proposed trips when taking a left turn into the projected driveway this assumes that there will be no generated traffic at all coming to or from Bristol to window way or in out of window Trail uh during peak hours no vehicles from 304 units apartment complex will drive towards the Home Depot Walmart Marshalls Wendy's Burger King uh Target uh from 405 or window TR entrance uh sure let this recommended development usually only 50% of the information that should have been presented to you let's analyze half the surrounding roads uh segments and Adit the other half uh Windover is not a collector or a terial road so this PD high density residential development should not be permitted to access onto wind overway in the first place it is the responsibility provide evidence proving they were not to create any negative impact on adj adjacent residential areas for traffic noise and quality of life they have not done so um you know just talking from personal well I'm good I appreciate it thank you okay next card Glenda row good evening glender 8201 wind overway um the Bristol development plan development application SSA 3- 2022 propos proposes that residents from over 304 units leave their apartments and drive onto Windover Way the lot on 8225 wind overway is an empty commercial property lot currently generating no traffic section 35 -35 A2 of the planned development standards States a plan development shall be so located with respect to arterial streets collector streets and other Transportation facilities as to provide direct access to such PD without creating or generating traffic along local streets in residential areas or clusters outside of the PD Windover is not an arterial or collector Street it's a local neighborhood way in addition of the proposed three 304 bursal units uh is about 120% increase from the current number of homes currently in Windover who access the exits on a daily basis as we can all agree we drive the route which is most convenient for us this means to avoid the increasingly horrible 95 and 50 traffic the apartment residents will likely turn right on wind overway and drive 0.19 miles then take a 35° blind left turn on Windover Trail towards Walmart and the 405 intersection this route was not even considered mentioned measured in the Bristol traffic study approving the development is crazy from the proposed Bristol driveway to Windover Trail it's only 0.19 miles I know for a fact that vehicles from 304 units or let's say even half of that unit those unit residents or 152 units will turn right out of Bristol on Windover Way Windover farms and Trail will be consistently backed up and it will not only be inconvenient but dangerous for our neighborhood and will certainly cause a cluster right in front of our homes which is prohibited by your regulations the project is in violation of section 33-35 for Planned development standards and I ask you to please deny the resoning and land change for SSA 3- 2022 which will surely generate High levels of traffic and cluster in front of our homes I have a personal comment with all of this as I said we live at 821 wind overway excuse me which is right beside of the Airfield it will be right beside the Bristol development my husband and I will frequently sit out on the front porch and we watch car after car after car after car all this traffic coming down wind overway from 50 they go from 50 wind overway and then they make that turn to wind over Trail when they could have stayed on 50 go go to 405 why they do that we don't know we have seen countless of near accidents at that intersection so we ask you please deny this okay thank you Lori how many more cards do we have seven okay at the end of these seven cards I'm going to call for a 10-minute break next card Frank row Frank row 8201 wind overway as my wife said we live right next door so as we look out our door our window we'll be seeing the lights that are not shielded by those trees I want to appreciate I want to tell you I really appreciate your common sense questions the ones that are being reflected by the residents of Windover tonight page 23 and 24 of Bristol's ridiculous traffic study concludes that at the Project's driveway a Northbound left turn lane is not required due to zero anticipated left turning Vehicles entering the development so nobody's going to come from wind over Trail to turn into development a southbound right right turn lane is not warranted under buildout conditions this means that all the cars entering and exiting Bristol's 678 new residents will turn directly off or onto Windover Way without a turn lane and all of the 678 residents will only becoming from State Road 50 entrance and zero per people will ever use use wind over Trail to get to Walmart to get the target get the Five Below or anything else over there and take the left turn entering development really sections 33 and 35 through 35 A2 of the plan development standard States a plan development shall not be so located with respect to arterial uh arterial streets collector streets and other Transportation facilities as to provide direct access to such PD without creating or generating traffic along local streets in residential areas or clusters outside of the PD first of all the subject prority has been pointed out has a city approved access onto State Road 50 a collector Road this is where the access points should be on their site plan instead of on the window overway a local Road secondly let's say you decide just to just throw policy out the door there are an estimated 340 wind over lock owners or 678 adult residents or more half of window Farms that use this road segment to enter and exit the neighborhood policy or no policy the addition of 354 brist Bristol units will create significant backups and clusters onto Windover Way in front of homes especially if there are no turn Lanes to enter the development the staff report page 10 in the staff staff report page 10 in the staff report says the traffic traffic study did not recommend a southbound right turn lane they failed to mention that the traffic study also does not recommend a Northbound left turn lane and States clearly there is no significant impact on wind overway well how can the city planners come to this conclusion when the traffic study only evaluated half of the roadways that will be affected by the develop more time do you need less than a minute okay no significant impacts on wind of way this is not a joke to us and you shouldn't stand for the attempt to manip to manipulate critical data from a Tennessee developers benefit to change a zoning on a property that is already consistent with the comprehensive plan and put residents of a long-standing established community at risk I would like to invite all of you to come sit on my front porch and watch this traffic comes through the neighborhood comes right across in front of our house does as my wife says doesn't even go into development comes from 50 over to 405 to get to Walmart to get to Target there's 18 wheelers that transverse that road to go deliver to Home Depo Target and into Walmart it is congested and on the weekends we get these clusters of 30 40 Rock um bikes that come flying through our neighborhood they think it's fun to take the zigzags to our neighborhood and they're doing an excess of 60 miles an hour going through there so this is not a good it's not even a good idea for the for the people of Bristol it also endangers their lives next card Sue Langan hi I'm Sue Langan 7990 wind overway the Titusville Land Development regulations in regard to plan development section 33-6 A4 States maximum Building height Building height must comply with any design standards or other plans or policies provided for in the area of the development or must be compatible with the surrounding existing development patterns in the area Bristol site plan shows six apartment buildings that are four stories 50 fet High two to three stories higher than adjacent properties and one full store higher than vegetation could possibly Shield there is not a precedent for this building height in Titusville east of I95 until you reach the riverfront developments the proposed development is not compatible with the surrounding existing development patterns see page 39 of your agenda packet under surrounding property information there are no developments to the south of the property the area south of the property is conservation open recreational and includes a large pond south of this Pond is the Windover residence homes on Foxwood Drive to the east of the property are all single family over one acre Windover Farms properties established in the 1980s directly adjacent is a field off of Penrod Road used for model airplane flying mport modelers this field creates no visual or sound blockage from the proposed four story development directly adjacent to the west of the property is Interstate 95 some Hotel buildings to the west of 95 are four or more stories however there are no adjacent residential homes to these buildings to the north and Northwest of the property there are no buildings more than two stories these include the one-story abandoned gas station and field directly adjacent two single family Windover homes directly adj rent one-story gas stations the shell BP Chevrons Circle K restaurants deckin Donuts and Starbucks twostory Hotel West Best Western and further down the Rada please deny SSA 3-2 022 for this and many other reasons laid out before you we are not opposed to Apartments being developed on the property however the proposed height of four stories and the density of 11. 7 units per acre is not compatible with the surrounding area thank you thank you next card please James Strobel good evening my name is James stroble um I live at 8190 wind overway um my driveway literally ends at the intersection of wind over way and Windover Trail um right here that's my driveway right at that intersection so unfortunately I can comment uh firsthand uh on the traffic that intersection I work in uh Research Park over by UCF so when I leave to go to work in the mornings I go down wind over way I turn at the Circle K I make the U-turn by the Starbucks I head West it's it's what it's easiest thing to do at least timeconsuming if I go to Home Depot Walmart Target if I have to run down to uh coco or Sharps I will go out towards wind over Trail there's absolutely no reason for me to believe or anybody in this room to believe anybody who lives in there is going to do the exact same thing I mean I can't imagine anybody in this room possibly believes that traffic study I can't believe that lawyer believes it I can't believe the engineer himself believe it it's it's absurd it's going to increase traffics tremendously um I moved into that house in 1997 uh I went moved there because I wanted a place that was secluded a little bit of privacy um now my driveway literally will face this atrocity should you approve it um the light pollution itself is going to be uh extremely unfortunate um not to mention just uh just the increase in the volume of traffic so um I implore you to please deny this just on the pure grounds that it's absurd uh that's all I got to say thank you very much thank you next card Elizabeth Parker Elizabeth Parker 3446 trino Circle I actually don't live in Wind overway however I see what's going on across the city and this is no different than a lot of the other applications that are coming through uh I have serious concerns of course that there asking to eliminate the O zoning that o zoning was put in place in the comprehensive plan with an intention of maintaining the parcel in perpetuity uh to preserve and protect the parcel uh those wetlands are important and to override that zoning because a developer would like to make more money is insane this city developed a comprehensive plan and we need to maintain that comprehensive plan uh to that end I'd like you to den I obviously SSA 32022 as there is no right to rezoning for the profit of developer uh under a PD zoning another thought that nobody seems to have addressed tonight but I think is really critical to think about is that's a mixed use designation how many properties in this city have we given resoning to and then the developer has flipped them mixed use means live local act live local act means the city loses all control over development of that parcel I haven't heard anybody speak to that but I think it's a very important point and again this proposal by Bristol is clearly intentionally deficient the this organization has this board has determined in fact that the application does not meet the guidelines that it has to meet so I urge you to deny next card please Vicky Conlin good evening I'm Vicki Conlin 2920 Royal Oak Drive in Titusville I recommend denial of the comprehensive plan Amendment and the rezoning from our CE our regional Commerce uh and O to plan development for four reasons there are more but I'll list four it violates the comprehensive plan regarding access it violates the comprehensive plan by eliminating the commercial area which we've discussed at previous meetings the importance of maintaining the commercial zones for our community as we grow it violates the comprehensive plan by eliminating the O zoning and as Miss Parker stated o zoning is meant to be there forever in perpetuity for the enjoyment of the residents it's not meant to be placeholder and the fourth thing is how is plan development how did that category come apart when when the development is really just Apartments if they wanted apartment zoning why did not go for apartment zoning plan development I I thought re meant that it was more that that there was a combination of different kinds of things in that development not just apartment so I strongly recommend denial thanks thank you next card please Zachary F jeny hello ladies and gentlemen um thank you for the chance to talk I've been oh uh I stay at 8117 wind overway my name is Zachary full genzi uh we've lived here a little over two years we're pretty close to to the spot over here uh right about here uh we moved to this spot because there wasn't the existence of large high density housing um I work in the area we moved here for work and I tried to find something close that was quiet this was one of the last spots to do so most my co workers uh referred me to this area just exactly for this reason um it would be a huge Conflict for me and my family I got two little ones and another one to do next month um I even train my wife how to navigate that corner and how to avoid it and when to it's a big deal it's a Hot Topic um I can't remember remember the other thing I was going to say but I can challenge and kind of settle this opinionated debate of whether traffic will or will not go that route if you pull out Google Maps on your phone and youve drop a pin of that location and navigate anywhere around that shopping center Home Depot or anything it will take you right there through that on window over Trail I don't need to show you my phone even though I could you can all do it yourselves thank you thank you next card George Donell George Donald 7602 window over also [Music] 8251 probably should have been the first one up here um the engineer wind over uh way it's at 50 part of that is on my property I just paid uh $88,500 for a survey and uh part of windovers on my my property and I don't think there's 60 foot between the rideways I don't know that for a fact but I do know where my my line is and it's furnit certified and uh the traffic would be terrible it's hard enough to get in and out the way it is now so the engineer needs to do a survey out there do a check in and see what they got thank you thank you next card that was the last card okay I'll call a 10minute break e e e e e e e e e e e e e e e um Chelsea would you come up here a second okay if we'll come back to order please Road okay Mr Oliver you have a chance for a btal everybody please be quiet we'll see uh thank you um yeah we we heard a lot of what the concerns that we expected the traffic concerns the drainage concerns Etc um you know there were a couple of uh comments there I just wanted to address real briefly I know it's been a long night and we have another one of these I don't know if everyone's going to resay the same thing I don't intend to I just reiterate what was said before but the reason we switch from the high density to the P PD is the high density residential has a 15 units per acre so we tried to bring that down to the PD level which is the 11.7 units per acre also going with the PD zoning District allowed us to set some more stringent guidelines as to setbacks building coverage area Etc that aren't contained in the high density residential so despite you know some of the accusations it was done in a manner to try to reduce the potential you know impacts uh intensity of the development um the comments on the o land that land is preserved it's got a conservation easement it meets the objective of the comp plan policy to the extent that there's an accusation that St John's Water Management staff may release that you know I resent that for staff 's behalf but if it makes the city more comfortable we can double up that easement we can give that easement to the city as well you guys can have the same easement on top of it you both can enforce it if you want to that's allowed um the drainage will meet all the standards of the city code and the codes set by the state and the engineers from our property the pre-existing conditions are the pre-existing conditions of that neighborhood we're happy to coordinate with the citizens there and try to work with them to find a method to if there's a way to help resolve in our those existing conditions we we'll work with them to the extent we can um you know and then you know kind of getting to the rub of it is some of the comments that the city should protect the commercial development the commercial areas of the city I understand that concept but the the comp plan has no 20% guideline that's a number that came out of the live local code that is not in our comp plan what the comp plan says is appropriate and adequate commercial space for the area given the traffic that is driven by commercial spaces especially Regional commercial spaces it seems like we're in a tug of war here where they're saying well we want you to keep the regional commercial space but we don't want any traffic what we're trying to bring forward is a proposal that reduces that density and intensity of development reduces the traffic impacts as shown in that traffic impact analysis that 8700 number goes even higher if it's pure Regional commercial space or if we include some of the properties on Mr Dell's property so we're trying to bring that down and that's the important part for everyone review and the impacts of this commercial are the comp plan and the and the Zone resoning hearing is we're not supposed to look at the impacts of the land as they sit today it's the impacts of the land as they are currently zoned and this is a down zoning and a reduced int of use under both the comp plan and the zoning criteria and you know that's really all I have tonight I appreciate yall's patience and consideration it's been a long evening already and I know we're not done thank you Mr Bon do you have a question I do um so for this for me or for you this this this is for you um the apartments that are going up what would be the average rental rate of the apartments there would be market rate Apartments so you know not to be factious I think that they are hoping they'll be about two bucks of what they call $2 a square foot I again as I said I don't like to do math in public but they have the average square foot prices uh or the average unit sizes are in there um that's I think what they're hoping to Target I don't know what the market will bear here okay so so being that it's market rate mean it's not affordable housing that's not what we're proposing tonight that's correct thank you any other questions thank you thank thank youall okay any questions of the staff it comes back to the commission Mr grod um thank you Mr chairman I've got a few questions regarding the discussion we've had on this traffic study and the questions formerly I asked about the direction um and the citizens whose comments were the boundary of the study one of the attributes in that study I couldn't see addressed is what is because of these turning movements that are Illustrated that citizens did a good job with the one-way directional left turn Southbound on wind overway and the nature of traffic patterns myself I've been there today I went there myself just to watch it and and it's one of those areas that are subject to weaving movements because the traffic patterns in the study are as if all traffic's going One Direction as the study shows east west north south in the case of the actual traffic patterns observation would suggest that you have a point of conflict that is Amplified because of those traffic patterns caused by where people are going earlier they mentioned traffic attraction and traffic generators traffic receivers and that commercial development creates that pattern people are trying to do a U-turn to get to McDonald's or they're doing a U-turn uh to get to Starbucks or they're doing a uturn to shoot the Home Depot and so just in my brief thumbnail picture today I saw evidence of that consistently over about a 15minute period 3:00 in the afternoon which is pre am uh pre PM Peak the study addresses I would only think it would amplify little farther into that Peak period what what would you and this is the KB if I've got that right I don't want to make a mistake what do you see happening or are you experienced to see that in that particular property area where you have this very consistent weaving of traffic it's dangerous for anybody especially if your intention from this site were to be to leave wind overway and want to go to Lowe's or want to go to 405 you're going to shoot across those four lanes at the same instance people are shooting the opposite across the four lanes and it's it's what it is and it happens routinely and I ask you that question could you repeat the question no one's addressed the point of conflict that exists with wind over way there were some comments about traffic accies and increasing and decreasing due to the construction of a left turn lane that's dedicated and and constricts that to only that movement however there's a consistency of U-turn trips there where that's the point of conflict a person making that U-turn is directly in conflict with someone turning right the way the traffic study shows and they and themselves are trying as the traffic study supports go to the left lane to turn left on 405 to some percentile of the study yet that's occurring in the study as if everything's straight and linear and flowing in the reality it's a conflict caused by this weeding motion I I see so so you're asking if those weaving Maneuvers Etc are accounted for in the calculations in the traffic study the study didn't address any weaving moments movements they don't address anything except volume they're not attempting to address the conflict and what occurs because of conflict which is impacts yeah yeah uh so in the in the model there there are some factors that are can be applied that can account for some of those Maneuvers and also other um activities that occur within the mid block you are correct the analysis focuses on the the nodes the assuming everything moved straight to the node and then made the turn from the node and nothing happened in between but there are some factors that can be applied in the model that can account for that and it it will be reflected in the excuse me in the uh capacity values that the model calculates also it'll be reflected in the delays for example and the queuing lengths that the model generates so yeah it is somehow captured so kind of like in a Layman sense what the citizens are commenting they anticipate because is something that could be anticipated because it's going to naturally occur from those conflicts that exist in the weaving moments yeah thank you for that answer member moso yeah I would say each of us kind of has our thing that we are passionate about member gard it's normally the building Heights and today it's the traffic and for me it definitely is the um the roads and so um I actually he's going to hold this for me we've been talking a lot about um collector and arterial roads and I just happen to have this um this is from the city but I definitely don't see wind over way as a collector or an arterial Road and I think that um you know when I got appointed I'm one of the newer members I was given our comp plan and told this is this is what you follow you don't get to make decisions willy-nilly and so um my question to staff um whether that's KB or um Eddie um so one of the points that is just right here it says Bristol PD master plan has direct access onto wind over way a local road which is not compliance with the city of Titus ville's ldr review criteria Titusville ldr chapter 34 Article 2 Division 1 Section 34-40 a1b and section 355-5 A2 could you guys just explain because a year ago we had um something that we actually denied and city council denied it was on Tropic Street it was a multif family development at R3 it wasn't a plan development but that was denied because it was going off on a local Road and um it's just hard for me to understand at times we get recommendations to deny and at times we don't have really any guidance and so I would like to know um I I might be interpreting the comp plan a little bit differently but I'd like some clarity on that sure so on page 117 um about line 30 we describe access and so the staff comment is the master plan illustrates two points of access from wind overway which is not an arterial or collector Road per section 9.4.3 so we acknowledge that it's it's a local Road um portions of when overway are in the county and portions are in the city and I think what you're referring to as far as why we're seeing multif family along a local road is that requirement applies to multif family and in the PD as was mentioned earlier the the criteria is a little bit different it talks about generating traffic on a local Road in a residential area but the question remains is this truly a PD and that it creates some type of unique development or do you feel that this is similar to a multif family apartment complex and nothing more um and so that's that's open for debate yeah I think without a concept plan it's really hard to to know I mean what we have is that it's I think six buildings four stories and so for me that looks like a multif family development um just from the information we've received thank you very much alter member Flyn or you had okay uh member facon uh generally speaking which generates more traffic um a development such as this or a commercial building or property that could be built on this very same site which one would generate generally speaking more traffic so we have to know the specific land uses so for example what is the mixture of say residential versus commercial versus restaurant and so on that's how we could determine exactly which one would determine more if we're assuming 100% residential and 100% commercial as an example then it would be commercial okay um but yes but uh yeah we have the uh and you can look at it's the it Institute of Transportation Engineers has a trip generation manual where they've compiled the average trip generation rates as well as some other statistics for various is like 900 different land use categories and that's the standard that we go off of okay you know because again traffic generation has been one of the overarching uh themes this evening about how much traffic this development could bring if it's an apartment but yet it's already zon for regional commercial and so let's say that we just hypothetically say that the apartment complex wasn't what's being built here then it would be a commercial product of of some sort would they still have the very same argument that there's still too much traffic so they're going to always have the argument of traffic because there's if something gets built there anything gets developed there it's going to generate more traffic regardless of what it is so the question is how do we minimize that impact and so so thank you for answering the question that if it was 100% commercial that 100% commercial property May generate more traffic than the apartment complex does thank you not m g um in in light of your comment thank you about it and the manual um I'm a little understanding of it I'm not a transportation engineer or Transportation planner but understanding it the manual is updated and I'm not sure what it is 14th Edition now it's it's updated the environment by which the models that are Illustrated in the it that are based on events change because the environment by which the model of commercial as you mentioned as opposed to a restaurant as opposed to a movie theater as opposed to a duplex as opposed to a multiple family multiple story high density they all change one of the significant changes that gets modeled as I understand and experience to say is there's variables that can change the attribute of those numbers taking this one as an example and taking the comprehensive plan more as a fabric as a standard to examine changes and what you approve or disapprove for that change the fabric of the comprehensive plan speaks towards connectivity Titusville seeks to have connectivity through pedestrian nonmotorized vehicular ways bike ways bike lanes and that is throughout the comprehensive plan and different elements and policies goals and objectives in the case you have development that has connectivity does it separate those models values if you have for example a high density residential highrise in an urban area with connectivity and direct access onto pedestrian ways and Transit hubs as opposed to the same land use designated somewhere where there is no connectivity and the only mode of transportation that will take place is vehicular are the numbers higher and lower in those circumstances uh well I can answer that by saying that uh so the latest uh edition of the it does differentiate between General Urban and Suburban so that would be where you would have the um effective pedestrian connectivity Etc um tied in but I can say off the top of my head which one would be higher or or lower well I I to kind of follow it up if I may Mr chairman that the the point that I would make and and I'd welcome the other members to look if uh you said it's in the shared the star is that so member Gad had had emailed some um street view photos and so those are available on your desktop on the agenda star um by double clicking the star it says agenda if you need help please let me know and I'll come up in in a and for the public what these are are pictures of your roads I pulled them off of satellite imagery Google uh and I composition wise tried to look at Northbound on wind overway to the intersection with 50 and then I turned 360 travel down Windover Way to the Windover Trail to examine the intersection then south of the intersection looking North in sequence 1 through eight and then I also scaled out a walking distance assuming somebody would be prone to walk if they chose to walk regardless of the transportation study uh they probably are not going to choose to walk out to Highway 50 is the photographs will illustrate because there is no sidewalk the sidewalk picks up about one I think about 3 miles 33 miles from the assumed entrance on window overway you go up to 50 you hang a right somewhere down there there's a sidewalk that begins and then you don't really have much of a sidewalk connectivity so a person that might want a country mile walk would be prone to walk through the local Street and I found it interesting that you have a conflict on pedestrian because you have a guard rail over I believe the same uh ditch I don't know if it's Addison Canal or what it is but there's a principal drainage ditch and the road is constrained because the guard rails come into the pavement Edge and if I were walking that way certainly in daytime I'd be concerned there's nowhere to go unless you're going to jump over the guard rail and and it just doesn't seem it's likely a pedestrian way could be developed there at all and I tried to check earlier with staff as to how sidewalks might be planned I wouldn't want to present something that is planned to have a sidewalk built next year the problem is it's County City jurisdiction but I sincerely doubt from my experience you'd see a sidewalk plan for a 60 foot rural section with drainage ditches given constraining factors I can't see a sidewalk being developed so the point that I was making is that without an alternative way to get to it other than a vehicle whether they turn right or left they're all going to be vehicle driven trips and in the comprehensive plan as the fabric goes we should look at this for connectivity and this connectivity is only one facet it's not multiple facets there's no and staff had I think a comment that we could ask to have a connection or ask the applicant If This Were to be considered for approval to uh stripe a bike lane but you're only going to get the bike lean till you get to Highway 50 and dare say that's kind of a dangerous road to be riding a bike on in the pavement let alone that it wouldn't be striped beyond the point so uh the reason I've took the pictures and the reason I'm bringing the point up is I would look at this property is being more in a Suburban setting not withstanding it's in the urban area urban service Boundary Water and Sewer and all the good stuff but it is in a rural section of Road networking it's in a rural setting that isn't what you see with multiple family higher density residential development in the core urban area where you do have those infrastructure improvements such as sidewalks bike lanes and other ways to move people without cars so uh my whole point to this is the models are illustrating vehicular traffic only and there's no relief to that there's only vehicular traffic some models take into account alternative transportation modes and so those factors and numbers can change reducing the numbers and is that fair analysis that's a fair analysis yes however again it's it's as it stands now the trip generation manual only has categories Urban Suburban I think it has another one within a certain radius to Transit that's yeah so it's you have to pick one of those categories it's it's not like you can you can pick the rate and then you can determine that okay you have this amount of connectivity therefore you can app some factor to increase or decrease the tri yeah currently we don't have that yes yeah any more questions I have one Mr Childs do we know if um if there was ever a commercial development that was ever proposed or came to your office for this for this for this um parcel or do you know uh I think the applicant mentioned back in 200 oh was that the 2008 that's the one was it 2008 right that was the original so if if there were a commercial development done on this property uh would our regulations allow uh access to window over away from that commercial development is that is that true too or no so there's currently a concept plan that's tied to the zoning on the property so they'd have to um revive that concept plan which includes the property to the north that's right okay otherwise they'd have to rezone and remove that concept plan right okay thanks any other questions anyone care to make a motion Mr Gad uh thank you Mr chairman um as I read through the application the data as I've heard the presentation the concerns of the citizens and certainly my own concerns from my experience I believe that this is not the correct land use as a change requested and it's because I don't believe it can support its Community with anything that provides for transportation to and from those residential units than a vehicle I think the existing land use and Zoning that's there uh in the commercial sense and as was described that there's not necessarily A Hard fact uh line number and percentage of what you should have for commercial if Titusville is in a transition where we're growing residential and we're shrinking what commercial areas we have it's going to become an imbalance if it's not already an imbalance and when you add to that the fact that folks in this neighborhood if the change is approved are going to be forced to drive cars with no alternative available period I cannot support this request and I recommend denial sure your motion is to recommend denial is there a second I'll second second amend member must go so any disc discussion any discussion roll call please Lori secretary Grant yes member facon yes member Childs yes Vice chairman Aton yes member Gad yes member moso yes chairman Richardson yes so that will go to City Council next week Eddie is it next week I'm sorry I didn't hear the motion whether was specific to the Future land use I think we need two yes I I'll apologize I should have made it for 9B the small fail comprehensive plan Amendment SSA number 32022 but I think you spoke to the lanu so we'd like a second motion for the um resoning certainly to capture that I'll also follow it with a recommendation to deny the request 9C the comprehensive plan text Amendment CP no not 9C yet we're not there yet we're looking at 9B the second ordinance the two parts of that application yes common to both of them the comprehensive plan Amendment and the um um small steel is there a second to the motion second seconded by member facon Lori have you got that straight okay any other discussion chairman I'd like to add real quick since the uh proposed change to the Future land use was uh was not moved recommended for approval that um as is staff would not recommend approval of or or not our recommendation would not to be to approve the resoning because it would be inconsistent with the comp plan thank you Road call please Lori member faon yes member Moscoso yes member Gad yes Vice chairman Eton yes member Childs yes secretary Grant yes chairman Richardson yes okay so we go to 9 C is am I correct yes sir and 9C again is the text amendment that would have um added the develop the density and development standards for the PD in our comp plan and so um if there's no change to the Future land use layer on this property then there's no need to amend the text of the comp plan thank you okay we have to hear from the applicant first there does need to be a public hearing here from the applicant and we do need a motion okay I have nothing further to add that what we stated in the uh the first hearing um you know we can hear all the speaker cards if you want but I understand where we're going so just for the record move in the prior testimony and the staff's reports and all the exhibits that were shown to you all okay and this will be heard next week at city council this will be heard on July 23rd July 23rd okay um at this time I'll open the public hearing I hope you realize what we've done so far Miss Milton if everybody in Windover agrees I can speak for this one Sandy and I just the two of us is that okay okay okay that's all right I may need more than three minutes but miss Milton and Sandra kinger Miss Clinger are the only ones they'll speak to this it them all the other uh everybody else is saying that they're they're giving up their time everybody agrees okay everybody's good with that okay okay go ahead all right uh if you look at this your your package that staff gave you there's a table in there and this table names PDS that are currently in the city of Titusville and they're wanting to add this Bristol Titusville to this table as you can see San Mato is only 2.81 dwelling units per acre Brooks Landing is 1.57 dwelling units per acre inspiration Village 4.3 now you look at Willow Creek why did they say 1,277 residential units Max well if my memory serves me right and the internet's correct Willow Creek was 683 Acres if you do that calculation it's 1.86 units per AC Acer which is consistent with all the other ones above all of a sudden now you have Bristol 11.7 units breaker that's way outlier that's way different than what Titus has been approving on PDS the other point to make with this is Bristol development was taken that 5 and a half acres of O zoned zoning adding it to which is why they went to the PD by the way way adding it to the 25 plus acres of uh commercial to try to get the density higher for development reasons in other words the 11.7 units per acre so that's the point and this should not be approved ever Miss cler I'm good thank you so if there's no one else I'll close the public hearing yeah any discussion among the members because it comes back here I don't think do you want to reut anything nothing other than was previously the first rebuttal but didn't work so okay anyone care to make a motion or any discussion item 96 uh Mr chairman thank you I'd make a motion to deny item 9C comprehensive plan text Amendment CPA 20 2-202 24 Bristol is there a second second second by member Charles any discussion roll call please Lori member Moscoso yes member Gad yes secretary Grant yes member Childs yes member facon yes Vice chairman Aton yes chairman Richardson yes and just to clarify that motion was made due to the inconsistency with the comp plan yes thank you okay as you heard this will be heard by Council on I want I wanted to clarify uh both items 9B and 9 c will be heard by city council for a first reading on July 9th the public hearing will be July 23rd that's right thank you all for coming are there any petitions or requests from the public pres anybody want to say anything thank you we rarely get Applause reports staff no report thank you City attorney no report uh chairperson I would just remind everybody that you've got until July 1st to file that ethics and public disclosure your form and I attempted to and it kept kicking me out uh and then I called this state number and they said I talk to Wanda Wells and before I could talk to her I figured it out it was it's so simple but Pardon Me Chris software people make it extremely difficult we get paid per click so yeah so if you haven't done it you need to do it by uh July the 1 yes I have a question Mr chairman the July 3D meeting is cancelled yeah so the next pnz meeting will be the 17th yes sir I have to announce I won't be here I'll be away from the country so I I won't be attending that meeting I won't be here on the SE the meeting in July 17th it be out of the country any other items to come [Music] up well I've got to tell you I think we've handled this extremely well damn it okay meeting is adjourned e