##VIDEO ID:25Ld0IG6rXo## good evening everyone it is 6:02 p.m we are at 100p Avenue Cape canaval Florida at the city hall for a city council special meeting I call this meeting to order today is December 3rd 2024 6: p.m. council member Willis would you please lead us in the pledge of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all had a direct line didn't see city clerk please call the RO council member Davis here council member Jackson here mayor Pro Tim Kellum here mayor Morrison here council member Willis here thank you all for being here this time we have one item on the agenda but to approve the agenda as written or with amendments any changes go ahead and approve make a motion to approve the agenda is written second got a motion by mayor I'm Sorry by council member Willis second by mayor protim Kellum any further discussion city clerk council member Davis four council member Jackson four mayor protim Kellum four mayor Morrison four council member Willis four all righty public participation any member of the public who wishes to speak uh we ask you do fill out a card I don't have any cards up here but um tonight I think's going to run a little differently if anyone chooses to speak we are open to public comment and I believe the live stream is working so if anyone is online who would like to speak we will go ahead and open it up to you as well we ask that you raise your hand I don't see any at this time seeing none we'll go ahead and close public participation portion of the meeting bring it back to the city council we have one item for Action tonight it's to consider owners request to amend the Port of Call facility development agreement between the City of Cape Canaveral and wave developments LLC for the multiphase wave Village Development located at 8801 Astronaut Boulevard with that Council if we don't have any initial items I'd like city manager sure I'd be glad to overview thank you unless the City attorney wants to I'd be glad to okay um the owner is here Mr GA and he's represented by his attorney Kim renka here and and they'll be glad to make a presentation later in fact he's got his computer prepared to do that but I'll just give a an over an overview for the record and others watching online perhaps this is to consider owner request to amend the existing protocol facility development agreement between the city and wave Development LLC for the multiphase wave Village Development located at 8801 Astronaut Boulevard that's uh currently the site of zarella's pizza and uh surf style building um back in 2019 on September 17th Council approved that the original wave Village Development agreement uh for portal for call facility and that is a a specific use in the A1A Economic Opportunity overlay district and defined as a tourist related use with a range of uses which may include but is not limited to commercial parking Transportation Transfer Facility vehicle rental taxi service retail restaurants visitor information Center provision for hotel and other tourist support services so those are the entitlements that the the development agreement um provides and uh such a facility also requires consistency with the goals of the Economic Opportunity overlay District which are printed there um which the owner would certainly be willing to do the owner completed phase one of the project which is the existing retail and restaurant building that I just mentioned uh the co for that was issued in 2013 since that uh since the effective dat of the da um which was September 17 2019 the owner did make consecutive 12-month extension requests which were approved for the remaining phases um but because there were extension requests those remaining three phases have not been built yet earlier this year rather than seek an additional extension the owner submitted a revised da modifying phase two uh quite a bit uh this was because of a the idea of a food Hall concept which uh is really catching on in popularity MOS called me one and explained to me what it was and I it's really fascinating uh to have that use in here for additional restaurant options for for our residents and visitors um so we really are in favor of that as we were reviewing this um but uh he said um instead of the vacation apartment rental units that we were going to do in phase two we're going to push those off to only be in phases three and four instead phase two is going to have the food Hall and some additional um retail spaces um tenant spaces um negotiations between City staff and the owner resulted in mutual agreement to the revised terms and concept plans the only disagreement was on the phasing schedule required to file and obtain permit approvals for phases three and four which means there was no disagreement on phases two there's no disagreement on anything in three or four except for the timing the terms of the the the time to file and obtain permits uh staff offered um up to eight years to file and obtain permanent approval for phases three and for each additionally due to the complexity of trying to determine and verify tenant occupancy and the owner simultaneous control over occupancy via leasing staff proposed to maintain phasing based on calendar dates only the owner did agree to that um to maintain phasing based only on calendar dates and not use the tenant occupancy uh measurement however the owner disagrees with staff's proposed eight years to file and obtain approval for phases three and 4 staff proposes the applications be filed no later than 6 years after phase two would be done um as a CO and permits be obtained no later than 2 years after that for a total of eight years to obtain permits for each of those phases on the other hand the owner proposed the applications be filed no later than 10 years after the previous phase has obtained to co and the permit be obtained no later than two years for a total of 12 Years to obtain permit for each phase uh the parties agree that each phase includes an additional two-year time frame for construction that's not been a challenge at all the proposed development agreement amended and restated is included here as attachment to so we're going to go over the uses by the phase and we got a table there for uses and we've got a table for the phasing schedule so the uses table shows Phase 1 2 3 and four um as we said before this is this is just recapping it the original use was for Phase One One Restaurant One retail unit the revised use same thing because that's already completed phase two was going to be 32 vacation apartment rental units the retail component restaurant and possibly other uses that's been revised to Food Hall Restaurant retail and under you other uses but not the vacation apartment rental so agreed phase three that's going to be an it was going to be 32 vacation apartment rental units retail restaurant and other uses and now it's going to be those ones that were pushed off from phase two now it's 64 vacation apartment rentals uses uh another use is approved by code agreed and lastly phase four is 40 vacation apartment rentals and a parking garage and uh now it's been revised to up to 40 vacation apartment rentals and parking garage and that also is agreed so all agreed on the uses uh owner and staff agree with the proposed phasing schedule for phase two however is explained above the owner and staff have a disagreement regarding the new phasing schedule for phases three and four so I I don't want to belabor all of it obviously phase one is done phase two is still two years to file plans just like we planned before um no no change there it's identical four years total then the disagreement starts happening after phase two so this is a restatement again the original da said said three years to file plans two years to construct five years total staff proposed we amend that to six and two and two for 10 and owner proposed 10 and two and two for a total of 14 years and then moving to phase four identical the same step just repeats 62 and two or 10 10 two and two or 14 so the difference there is is four years for each phase uh for council's convenience uh we put together attachment three which I'd ask the city clerk to go to to graphically depict the the significant time differences between the original phasing schedule and the uh two proposed phasing schedules it's the one color chart there it is the original da is on the far left and it was from 2019 extended through 2033 and then the owner proposed is the one in the middle uh if this is approved by city council say tonight would be from 2024 down to 2056 and if and staff's propos was to amend it could be tonight starting in 2024 and extend all the way to 2048 now I've spoken to the owner and he has said he would logically like to go as fast as he could on all of this but he's not in control of the market anymore than anybody else is and and we talked about the impacts with Co and just things that there's just things in this world just we're just not in control of that are out outside forces that affect things but he'd like to have some time and we agree he needs to have some time to do that so the only disc discrepancy is is that Gap right there um of from 2048 to 2056 that's how close we are in agreement on this um there's also we' put included in here the original development agreement agement uh which spells out the entitlements which would be retained here we uh included the proposed revised development agreement if we could go to that Mia it's attachment to yeah um and go to the yellow highlighted portions yeah there's there's one right there so see there's a there's a yellow question highlighted question for phase four and go to the previous page I keep going okay we missed one there a phase three has also got the yellow highlight on it there's phase three right there next page is phase four so really all we're asking Council to do is decide what numbers go into those blanks um everything else is agreed um and then there's renderings but um most would you like me to put the renderings or you want to save that for your presentation okay let's go ahead and me let's put up the the renderings that we included we need to zoom out there yeah uh obviously um beautiful building significant uh well done um the buildings that he's done have have been outstanding quality and uh amenities that are appreciated by our community this is uh what it would conceptually look like at full buildout so what we're looking at in the in the foreground there is um an L-shaped retail building plus the food Hall the food Hall would be in that and I'm going to call that the looks like maybe 25 30 foot high building that's phase two the stuff you see behind it would be phase three and behind that would be phase four can we go to the next page there's another view traveling further down West Central Boulevard and we can go on to the next one here's the one even further down West Central Boulevard so the food halls on the far right and the um up to 40 units is in the foreground there the the taller building and it's up to he could do less um it doesn't necessarily need to have contain as many units in the last one as amended here which staff is not opposed to that is there another rendering Mia okay that is um more of an internal site showing what it would look like with um the the apartment vacation apartment rental units believe there's a pool too do that shown in this yeah there's a pool there behind the retail and food Hall yeah very nice well conceived any other Graphics wall Food Hall I think there is it four Food Hall service establishments MOS you'll get to that you'll get to that and then um if there's no other renderings lastly we included uh yesterday the site plans uh the Civil drawings yep so that one is showing in the bolded lines the phase two the L-shaped building that's where the food Hall would be plus the retail the next page would be phase three that's going to be the pool and some vacation apartment rentals and then phase four is the next one that would be um putting the storage of um storm water underground for the parking that would go on top of that so that's a a high level overview uh those civil sheets do include a lot of other information about the number of units the height of the building the number of parking spaces Etc of course we know we do not have a minimum parking requirement for restaurant uses which I think provided some flexibility for the owner here in this case and um mayor if there's no other questions the council could go to uh the owner for a presentation Council thank you city manager any questions at this time City attorney check in with you any comments questions before we go to the owner thank you mrena or Mr G there's an additional print out here is this did that okay this was provided thank you I think I lost my screen okay first I want to thank everybody for coming out here especially for us in this lovely project I greatly appreciate your time so waves District formerly known as wave Village uh due to the design change uh we did feel like way Village did doesn't fit the development so we thought of a different name which we kind of like waved District I think that helps promote and emphasize the sense of arrival to the Future downtown of Cape Canaveral which I think we all envision Central Boulevard to be so wave District you'll be able to shop dine play and stay we're turning the tide redefining what it means to live work and vacation in beautiful Cape Canaveral new name new design same concept we opted to to do a more Sleek modern and nautical design something that we I feel we're missing here in Cape Canaveral even though we're a Beach Community uh there's not many buildings that are Sleek modern and nautical uh we're once again we're trying to to promote the future downtown of Cape Canaveral uh as Todd uh was explaining with the renderings he he explained it uh fairly well I'll just emphasize a little bit on the office the office is the bottom slide on the bottom right uh when you walk in there's a check-in office over there and that opens up uh to the pool area uh give me a different slide so the pool area is going to be reserved for the residents of the resort uh however on the bottom left slide the green wall with uh the the food Hall logo and the door that area is going to be accessible to anybody that dines in the food Hall uh so basically it's open to the public uh it it is a courtyard between the buildings uh we wanted the shade we wanted the green Walls and we do have some areas that are undercover so that area will be open to the public phase two 177,000 squ ft of commercial space that's approximately the same size building that we currently have which is approximately 17 ,000 Square ft which includes a surf style and uh zarella's restaurant we're initially thinking of occupying 8,000 square ft of that uh for the food Hall uh we do have uh thoughts uh and possibly possibly plan um to have an additional 1,500 square ft for event space and possibly another, 1500 square ft that would complement uh the use and it would be in the entertainment sector I don't feel like I want to disclose that as of yet uh but obviously we do uh want to create not only shopping and dining but we do want to offer some sort of entertainment uh that would be open to the public and no it's not a nightclub don't worry uh phase three phase three that's when the vacation apartment rentals will begin we'll have 64 units in phase three 19 of them Studio 15 one bedroom 15 two bedroom 15 three bedroom now these units are going to be fully furnished uh uh uh keeping the same nautical theme of the exterior we're going to do in the interior and it would be able to rent uh anywhere from nightly all the way to annually uh we do Envision having long-term residents uh in in occupying uh the apartments uh that will help accommodate snowbirds that can't necessarily afford purchasing a property they could come here two three four months out of the year it's really uh uh uh going to be able to cater to all types of demographics and budgets phase four very similar to phase three uh just will have a total of 40 vacation apartment rentals 12 Studios 6 one bedroom 82 bedroom 123 bedroom and I do Envision on the top floors on the top corners to have a nice twostory four bedrooms occupying that both of those Corners key differences between wave Village and waves District this is a true protocol facility that local residents will be able to enjoy all commercial space space facing A1A or Central Boulevard that was one of the key Reas reasons for my revision when I first got the developer agreement approved in 2019 Central Boulevard was more uh I can't say an alley but it wasn't a main Corridor that it is today uh the city did a great job on on beautifying Central Boulevard uh there's two new hotels uh on Central Boulevard uh so I felt it would be much better for myself and for the city if I face the commercial on A1A and Central Boulevard versus A1A Inward and uh to the West that's how way Village was initially designed once again we're trying to enhance and Inspire growth in the community we're trying to create the destination hence the name of the food Hall destination downtown Food Hall the feeling of arrival uh this development is more of a campus SL downtown layout due to the buildings being clumped together it's a much more walkable property we actually have more uh parking it's a much better site layout uh architecturally it's Unique it it adds some flavor into Cape Canaveral it's not your traditional cookie cutter Hotel uh it has step back features that the city has in their code and desires and most importantly there is going to be a food Hall on site so I believe an amazing development just got a whole lot better with the revision of way he's did District the food Hall uh I'm not going to read everything uh I did hand out um the paper uh I I do uh hope that you read it but the food hul is very unique um actually the first food hul on the Space Coast is my project in downtown Coco Beach it's the first one on the Food Hall that the on the Space Coast that one is going to house seven food vendors and one bar it's five uh 4,000 square ft under air with a th000 foot patio so a total of 5,000 square ft over here I actually want to do double the size because I do Envision Cape gaval being more of a dinner and a sitdown environment versus Coco Beach at that location where it's more to the beach uh on a takeout versus a dinein uh and really the aim on the Food Hall is to create spaces for local businesses to be able to thrive themselves and achieve the American dream opening a restaurant is extremely costly especially nowadays with the increases of cost but also the margins every year just gets Slimmer and Slimmer and Slimmer so I feel the food Hall being that me as a developer I'm doing the complete buildout um the vendors all they have to do really is just come with their equipment their menu and a smile and they have a place where they could start operating on a prime corner of Coco Beach and in Cape Canaveral so it's really an incubator for small local businesses to be able to achieve their own dream um and for the customers for the residents it's a very very cool environment because you get in Cape Canaveral to enjoy eight different menus on one tab so you get you come with the family or with friends that are in town you have a place to sit down and really have a flavor for everyone not Everyone likes the same thing sometimes it's hard to make a decision and this place is perfect for families for friends and just for the community to be able to gather this is just uh some renderings of uh the Coco Beach location which we hope to open either spring or summer of 2025 uh it's very similar uh to what I'm proposing as far as the architectural features uh uh in Cape Canaveral uh so I think it's going to help complement uh uh Cape Canaveral and Coco beach and having similar theme with one another and I don't Envision to have the same Concepts in both cuz I would love it if people from Cape Canaveral congregate Coco Beach and Coco beach congregate to Cape Canaveral so we might have the same vendors but they're going to be on completely different menus that way we have different oper uh offerings uh in each Food Hall another uh development by Og Enterprises we've been developing for quite some time in the area uh the most recent one being our office in uh Cape Canaveral on Long Point uh and I truly believe in building our community to be a better place to work live and play as you could see that's a quote it's my quote because that's what I truly believe in thank you thank you any questions for me Council any questions or Mr zenka do you want to come forward now please you do Council member Jackson okay so on I'm looking at the um the the commercial building and the corner area is going to be the food court from what I'm seeing and then there's eight commercial spaces within there and how many of those are going to be entertainment driven spaces I just want to open the slide that you're referring to did it freeze there we go this slide over here on the left well what if you look at the top of phase 2 North you have four units those are going to be leased out to other businesses and then on the corner you have the food Hall which is about 8,000 sare ft that's where we're going to house the eight different food vendors and the bar the layout that you see here is very very preliminary now I just wanted to make sure that I have the size and the space to make it work but it will change uh and then the units to the back of that that's where I do Envision on creating possibly uh event space uh for example in cooko Beach we do Envision a second floor to have an EV event space with the catering kitchen to be able to cater to events so we want to do something very similar there in Cape Canaveral uh it will be in the H in in the back in the rear of it and then to the unit next door of it uh also possibly the three units I didn't I didn't want to commit to that as of yet uh because there's a lot of things that I need to explore additionally but if if there will be entertainment it would be uh in the rear over there okay um and what what do you envision on the types of retail businesses you know because like zerella is is we all eat at zeras we love zeras um and then the the we have this surf style there now which was beach wave and we didn't really have a beach wave in this area in Cape Canaveral so what do you do what do you envision as far as the retail vendors or uh types of businesses that you would want to be looking for so I I do Envision possibly a spa to do nails some type of something in the service I do Envision possibly a candy store I actually lease out to a very high-end candy store in Coco Beach uh it's in wave Center if anybody ever visited that store it's a very nice cool and unique uh store uh he's interested in entering into there uh obviously it would be um um uses that complement each other uh anytime I lease out I always want to make sure that the businesses complement each other uh I'm notoriously known uh that I don't allow smoke shops in my in my units even though I get a call every week uh I don't think it's familyfriendly I am a smoker myself I smoke cigarettes but I just don't think that that's the familyfriendly vibe that I want on my properties so I I'm very particular and I do like businesses that complement each other I I just had those questions so that we would understand as um people look at the project what would be you know the types of businesses you would be looking for um I know myself when I was looking for places to have restaurants you know an event with restaurant we have only a few that are not in the port and not in Coco Beach so and we are in we have almost zero retail so that's why I was asking that thank you no problem and by the way on the retail standpoint I don't know if anybody entered into surf style ever since they took over Beach wve they did a great job uh it actually has brand names so it's like a department stor so I highly encourage if anybody hasn't been there since the Rebrand I highly encourage them uh to enter into the store over there council member Jackson anything at this time anything else no thank you council member Willis well um on the uh Food Hall food court uh Food Hall Food Hall um I like the concept of multiple menus because that certainly would promote merital Bliss um particularly for me anyway um but uh do you have a idea of how long you would uh take to fulfill all of those spaces uh in the foot hole Yeah uh if I use coco beach as an example we're almost 100% occupied I have one unit left that we're already uh eyeballing a few different uh options uh I don't want to commit as of yet I want to you know make sure I pick the best of the best uh the selection process is tedious uh it's not easy it's not show me the money enter into the space it's more um more in depth than that uh but the reaction in Coco Beach uh was phenomenal we received a bunch of applications uh I encourage uh anybody interested in seeing what type of vendors uh we entered into Coco Beach you could see it on our website destination food hall.com we list seven out of the eight vendors uh we're keeping the eighth one kind of underw wraps until we feel it's time to share uh uh their Story by the way I'm sorry it does also share each individual story on their page beautiful stories of people just really Clinging On to their dream uh and trying to make it for themselves I I highly encourage reading the stories that's what I really like about it so your selection process would try to eliminate any redundancies absolutely we want we want to create uh uh more options than we already have to offer and I take the area in consideration as well uh for example in Coco Beach we didn't want uh Italian because there's enough Italian restaurants over there obviously in Cape canaval will will choose not to do Italian because everybody loves zelas um but we do obviously uh uh keep in mind what the surrounding businesses have to offer okay thank you I refer Tim or yeah I have a couple questions um as far as the retail um shops with surf style doing brand names and all what what are you considering for the um retail shops because you know it's been in um our surveys of this community that people want place is to go and Shop Boutique kind of things what what are you thinking for uh Boutique is is an option as long as it's not a beach Style Style Boutique it could be an evening dress uh type Boutique uh I tweaked my commercial space model to be able uh to attract smaller type businesses uh standard 5 years ago were spaces of 20 2,000 to 2500 ft I kept this in mind with today's rent prices and and the cost of doing business business I kept my units at uh 1,50 ft uh to be able to accommodate those small type of Boutique type shops spas and so on and so forth um another question is your vacation rental apartments um 12 one 12 studios in Phase 4 and and the other bedrooms and all how will that fit into our city with our 7-Day um vacation rental code that you have to rent for seven days so in the developers agreement it defines my use as a vacation apartment rental uh which allows me the ability to rent uh anywhere from one night all the way up to uh one year mayor I could clarify that commercial yeah the minimum 7day only applies in the r districts the rental districts gotcha and I mean they they look beautiful have you considered or I mean it's probably a financial thing but having apartments that people buy and live there for is it more financially viable to do it this way because you know we have a housing problem here in the city one of the restrictions that I do have under my developers agreement that everything needs to be under common ownership so that doesn't allow me to condo it out okay uh but I do have a project across the street that I'm working on uh for affordable it will have affordable so I I do have that in mind and hopefully uh the project across the street will be able to help fill that void and the um the timeline that you're asking for is that is that something new for developers um I mean financially and occupancy um is that something that is up and coming a developing um new for developers uh occupancy is is not that uncommon uh I don't think the City of Cape Canaveral has done uh one like that but I know of scenarios that occupancy was a driver for timelines okay and then the other question was for the city staff so the reasoning for staff to recommend less time is just that what what's the reasoning for that that we don't want we want to develop faster is is that the only reason why uh just to put some outside constraints on it and um Anthony certainly can say say more to this than I can but uh typically development agreements um don't go out for what is this 2056 yeah 2056 so that's 32 years from now that that's that's a rather long period than to my experience we've never seen one go out that far Anthony I don't know if you have some more experience on that you want to weigh in it depends on the complexity of the development project first and foremost and then you know the cities that I represent are not in the business of of approving speculative developments so there seems to be um U certain clear timelines within reason um you know it's a discrep um um there are phase development projects these are this is a phase development project so a phasing schedule is common um my experience calendar dates are the primary driver for development schedules um question my experience you know if you were going to look at a statutory development agreement which this is not I think the statute in Florida is like 30-year time period now with all of that said I mean even if the even if it's a tight time schedule or tighter time schedule uh they're built-in Provisions for extensions of time that keeps the projects if if circumstances Warren extensions you know extensions in my experience are are freely are freely given um expectation and another thing to keep in mind when you extend development I'm going beyond your question one of the things that the city's like to like to do is change codes so you need to be cognizant of the fact if you go so far out in a phase development project nobody can predict what the codes may be um or the statutory requirements may be and sometimes you don't want to extend the time period so far um and not be able to address code changes or statutory changes because you've locked yourself into a to a development an agreement you know 30 years ago so be cognizant of that point too Cas I mean there's the difference is very small four years right per phase yeah so total of eight years difference that's all I have right now thank youc member Davis no I was gonna say I know a lot of people that would wish we'd have a grocery store or some type of but these are all too small or anything to do any of that so I was just looking for a place that they can go and get food so they can take it up to their rental but it's all good the um the questions about occupancy and time we're we're we're just talking about time yeah occup was originally as far as this is City attorney uh the phase development agreement you roughly how many of those have we done in the city um in my tenure I'm going off the I'm really going into the recesses I know of at least one for the uh former Cape kib what's the timeline vacation holiday in um I can't remember exactly um but it's a it's a bigger project it's a different concept it's a vacation resort which is has different requirements um but there are time schedules built in there um I think that project may have started somewhere around uh what in the 2000s uh early 2000s if I if I remember correctly and that project still to this day 24 years later still has at least two more potential time share buildings that have to be constructed so the and those are pushed out probably to I think 2035 2 roughly don't quote me on that but um 2035 2040 because the the schedule was adjusted when the holiday in hotel was built mhm because they changed the sequencing rather than do a time share building they prefer to do the the hotel sooner rather than later so this because the hotel was supposed to be a two-story build two two buildings it was combined into one so they were given more time for the time next time share building um so that's goes to my example that the city has adjusted development schedules based on the developers you know plans I know that one and and I'm not sure there top Bogger might have one or is proposing yeah he'll be proposing one in the future for the buildout of his hotel complex in the same vicinity um but I don't think he's quite there yet on on his I think he also had one before he might have I mean he has a portol the one right across the street the parking there might have been one there too but there was a hotel that was supposed to go there and I think he moved that to across the street to accommodate the what's the name of the business there the the health Acuity yeah yeah and they renovated that building rather than build a hotel so the city made some adjustments to that at the request of the developer another example where the city is shown a lot of flexibility with developers plans so the the cape K just wanted to not for consistency and and to try and remain that was if it was to 35 to 40 years so city manager I think we're looking at uh that yeah well we're already in 20 we're in 2024 believe it or not sorry yeah 32 yeah so it's it's not kind of going off what mayor per Tim's question was about you know the the time oh yeah but I think and and I'm not trying to penalize this at all but we do need to consider that the original um development agreement didn't start in 2024 it started before this we're resetting that clock so to be fair you need to include all the years from 2019 as well if we're comparing Apples to Apples with cape kib I believe theirs was 2002 when that started mhm um and we're not opposed to resetting that effective date and and as the City attorney said um these are kind of living documents and um what the owner intends to do today is very much in his vision but 5 10 years from now his vision may have changed and and it can change change again then and that's why we put in these um these extensions and like had been approved before and they could be approved again things do change I I think the idea right now for a food Hall is a fantastic idea and you know our citizens surveys have said over and over for the years they want additional choices for dining this scratches that itch um and who knows when it gets to phase three or phase four if some other idea might come up to the owner and he say I'd like to change and do this instead it's all it's all speculative at this point and he's he's asking for some some leeway uh over time or Anthony council member Davis Anthony with when you were saying like statutes could change or city ordinance or or anything could change in the time frame does that mean like this is grandfathered that we would still have to honor this or how if they go to change the plans for a different phase would they have to follow those new statutes or new ordinances or would we be with this well I mean the agreement does say that you the concept plans okay that they're um they have to go through the perming requirements and they're going to have to comply with certain code Provisions my point is in some cases um there are Provisions in the agreement right that could serve as an obstacle to prevent the city from enforcing codes now let let me give you one example and I'm not suggesting that the code is going to change but the uses are specifically stated in this agreement 20 years from now it's not developed in the city council says well we don't we don't want retail there we don't want restaurants at this location the code changes right it's no longer permitted well then you got a an old development agreement out there where the use that is entitled but the codee has changed and from a zoning code perspective it's no longer allowed but just stuck with the agreement I mean those sorts of issues you have to take into consideration and while the city is another issue too is when you enter into these long-term agreements one of the things you need to take into consideration even though the city is not providing reservation of sewer capacity or any other utility capacity you enter into these agreements from a planning perspective okay the density and intensity of this of this long-term agreement has to be facted into your Capital planning okay so it gets into the numbers while may not be a reserved capacity it has to be accounted for when you're trying to determine whether or not you're bumping up to capacity limits um because you've made you know you've made some commitment so you keep you look at those issues as well thank you before we I went with that Mr go any more questions for Mr Gul this time though I do have one question you talked about the um the food Hall in the in Coco Beach that this one would be more of a sit down yes is that Cape gav's more Beach flipflops and this can you talk a little bit more about what that difference would be yes uh when you consider the location in Coco Beach I am a half a block from the beach uh people reach that destination uh to go to the beach they park there they go to the beach it's more day traffic more to go uh take out to the beach or order quickly and eat quickly uh uh the destination is the beach uh whereas over here in Cape Canaveral the beach is more reserved for the residents uh not really for our visitors and the majority of the visitors that do come here obviously uh come in a a a one mile stretch from the entrance to the city uh to the Rison uh and they congregate uh primarily at nighttime uh cuz in the daytime they're busy either going to attraction or to Coco Beach or to some sort of Beach uh and the congregation here here in this area is more evening traffic so being that it is evening traffic I do believe uh a sit down uh would be more proper uh just to kind of sum it up in words uh Cocoa Beach is going to be uh you know a beer crowd and Cape canav will be more of a martini crowd just because of uh the environment uh and the setting uh that that we're setting uh uh in the whole area over there so it's more even time and I think uh if you ask any restaurant in the area uh including zerella uh they will tell you that their evening traffic is probably 70 80% uh of their overall business even if they're open for lunch thank you any other questions for Mr Gul council member Willis um no I just wanted to make a statement I've been to a similar Food Hall in charlot North Carolina and U it is pretty much sit down but they have the seating areas that are more eclectic and almost in Al Coes so you can almost have your own private little space as you're eating and uh you're going to any number of a restaurant to get whatever it is you want and you all meet in your your one table one your one area and it is uh it's geared more to professionals the one in Charlotte and I can see where this is geared could be geared towards your vacationer who is here waiting for a cruise or people like myself who live on the river behind it and want to go do something other than Italian so you know I like the idea I just wish you would start building it tomorrow uh for phase two I will be ready as soon as possible if you know my best case scenario is get it permitted and break round within a year a year and a half I know we might have some more questions just want to say thank you I know that's commercially zon that's been you know the intent was some sort of commercial use whether it's a grocery store um and we've seen a lot of hotels come in and those hotels are built uh Without Really amenities for the locals there's no restaurants we just talked about rooftop access in the last meeting because uh the residents have been very clear about the you know the impacts of those and um I know you're local I know you you've got you've done projects in in Coco Beach you're involved on social media you really try to listen to the residents and uh that's very much appreciated in your time today the development agreements knowing the history of them you know if if there's a justification in my mind for development agreements I think this is one really was the first one back in 2019 19 um in this revision I do see the changes which I think is closer to uh much closer to the vision of the city and what we're looking for um so thank you thank you mayor one y yeah on uh your Port of Call classification when do you envision commercial park Transportation facilities what phase do you see that coming in that would probably be incorporated either on the third or the fourth phase okay all right thank you any other questions I know I keep asking that and I asked one so we can get back up and down thank you again Mr [Music] Ranka oh absolutely Mr Kim renka Lacy Lions renka rockage Florida here on behalf of OG Enterprises this uh development agreement I've been involved with from the beginning and um I I I don't think it's speculative I don't like that phrase I think it's disingenuous every development I believe has some speculation to it this has evolved just as the cape cre evolved just to be clear that Cape cre 2002 it now extends out till the last permit has to be applied for in 20040 December 31st of 2040 so if you add two years for permitting two years for construction you're talking January 2045 so this is 2002 to 2045 for Cape cre holiday in and they're not local uh OG Enterprises is local so I'd ask you consider that as well this does have definitive time frames uh it does have built-in extensions but to be honest back in 2022 we were told we would be given no more extensions and this was even after covid and I invoked the permit extension for no that gentleman is no longer with the city but I mean we we really weren't sure that we would get those built-in extensions um city managers Chang City councils changed so there's no guarantee of extensions even though they are built in also I do not ever remember the city offering us six eight eight six years and two years I don't remember ever having that discussion with Mr Morley I did discuss with Mr gargany and he said you know I think this is what staff might agree to but it was 8 years and 2 years not 6 years and 2 years and I have an email to that ex exact so so what we're really talking about is 10 years to 12 years I mean yeah 10 years to 12 years so the 6 and two was never offered to us as far as I know and I asked Mr Gaul and he did not recall that as well so we're just seeking the flexibility to allow him to do this and frankly you still have control because you still have site plan approval they still have to take every one of these phases through site plan and so pnz will look at it they're going to have to meet the codes in existence at that time so there is still City control over what's going to be built there even if codes do change they're still going to have to comply with site with site plan uh so this is a phase development it's a good development I think you all are appreciative of the development and Mr G would like to go forward with it but he would indeed like the 10 years and two years of the flexibility he was trying to do the occupancy because this isn't expensive this is um for the most part going to be self- financed so there there's that as well and we would just ask that you consider his request for the 10 years and two years versus the six and two years or as I recall it the eight and two years so with that uh we can answer any more questions if the community has questions either online or in the audience we're happy to answer those as well thank you Mr renka I do have a public comment card here and I think we can go up and down Miss Shannon Robert Dr Roberts please come forward and if those of you are listening online would like to speak or comment on this um we ask that you please just raise your hand and uh once the time comes we'll unmute you and give you an opportunity to speak Dr Roberts thank you so much and appreciate your proposal for the city um Shannon Roberts 703 Salon Shores Drive in Cape Canaveral next to Kate gree so that's really um resounding with us to the impact on the residential Community there um one of my key questions is always how does this fit into the city master plan again as you know I've been encouraging us just as a resident to have a whole W plan for the city because I continue to see us peac mealing again so This concerns me Village versus District I guess I was curious about the terminology to me Village sounded very warm kind of friendly for Community District to me uh is more of a governmental definition so that's the reason I'm just giving you one resident reaction to that height again again as I read the proposal it's going to be 65 ft again I'm again going back to 45 foot restriction historically that the residents have asked for and I'm still um mystified as to why we need 65 ft now originally it was because of air conditioning requirements and now we've evolved into where this is a norm instead of the exception um I appreciate you're asking about the vacation rentals because as a community we were trying to encourage fewer of those and that's the reason this is somewhat puzzling to me that we might be encouraging that concept very acknowledge acknowledging that Concept in the city uh again the consideration of affordable housing you know again this is just something I'm not sure the city has got a grasp of my perception is we don't have a grasp in our approach to that and this to me suggests an opportunity where we would have asked a developer to contribute towards some affordability housing as part of the agreement um the resident reaction Porto d Rio you mentioned that um you know it's a good place to have some place to eat but there the noise Factor you know what happened at Bayside as we know the hotel right buding their backyards and to me just even though I'm not in that part of the city I just felt for those homeowners I'm not sure we gave sufficient notice to those residents but I just know we would have been horrified at least from my understanding of the residents nearby so I would be asking what are the residents reaction it may be very welcoming like Mr Willis suggested uh but it may be a noise Factor light Factor you know I just don't know that we've looked into those aspects of it um Green Space I know that you you acknowledge some green space but I guess I didn't get the sense of the Green Space design for the development that at least would have been apparent to me and then um as you may remember we had a facade design proposal a while back at least the consideration of having may I have just a another minute yeah Council no issue with extending that please yes thank you we had proposed having a facade facade design for the city so um as as he was mentioning you know we come into the city you know we just look like a hodg Podge right now whereas there was at one time the vision of the residents was to have some kind of a facade design where we would have consistency at least in knowing you were in Cape Canaveral right now it just to me looks like a I'm not even sure it's a puzzle Palace but it's just it's very um it's very disorganized in my observation and the height is just in my opinion just really not good um and then lastly just a consideration for graphic design um right now when you come from the East Central and go over to manate park for example Crossing A1A um I'm mentioning this only because as the development occurs there more than likely will be ATT traction from the east side of the city to go over to this new development and in that regard because of the way the lanes are right across McDon from McDonald's it stops the traffic there when you have to go across A1A to get to the West part of the city so I mention that because it's on that significant corner and I would just ask that the city maybe consider putting another Lane in there so that you have a straight across Lane one that turns left or maybe that one would turn left also and then the right lane because right now we stop the traffic when we have to go to minity park if we're coming from the East side so those are my considerations and I just wanted to put them forth appreciate your considering that from a resident's perspective Dr rers do you do you mind if I just clarify something and first of all thank you you've been with the city longer than all of us that's for sure in in your institutional and historical knowledge about the visioning back from 2009 you've remained consistent on it and I and I value everything you you talk about in respects to the concerns the um the what was it height noise facade master plan so the economic overlay District creation and they would have to go through the community appearance board and that is where I believe the facade would come into to play uh yes this was part of the vision effort when we did it through Addison years ago and it was just recommended as an evolution that we have a this master plan would include that facade design and what advisory committee it went to you know that would be probably a a distribution of that responsibility to propose something to council you know once it evolved um but right now my perception is which just so peace me right now even the advisory boards what they're presenting to you and so forth so I'm just mentioning that I just hope we get a master plan going and so you know we can have a vision of the city that could be shared by the residents and the style that you remember that was important we've talked about Key West Mediterranean modern exactly and that's reason this nice person to mention trying to be consistent with the architecture of the city and as we know just like you mentioned we've got a whole bunch of different designs as you come into the City and the undeveloped part of the City or the older buildings you know that's where there's an opportunity to have facade grants There Was You Know Financial opportunities there with grants and it was just to have some understanding what the whole of City of Cape canaval might look like and as you point out it might have been a residential input as to what we decided um because we deel decided Mediterranean here others had recommended considering Key West and so forth so we've just got a whole hodge podge now as we know and um that's the part that I just hope we can get some sense of city and Community going before it's too late because we just get understandably developers perspective but it's not the it's not necessarily the residents perspective thank you thank you and I don't mean that contradictory but it's just we don't know what it is for the city okay I'm checking online to see if anyone who's participating would like to speak do not see any hand raised at this time if you do intend to speak I'll repeat maybe you just joined us on this matter please raise your hand and we'll unmute you few people on there and thank you for joining us with that M renka was speaking we got a public comment card were there any questions for Miss renka or Mr Gul please can I just respond to that yes please cuz I was a part of that in 2009 on the Community Vision um the Community Vision uh resulted in a Key West theme building when I got my first phase approved I was actually handed a moratorium on construction due to the Community Vision that at that time was a Key West theme building unfortunately I had to fight to get the approval which I did and as you you see my building is more of a med Mediterranean style building very similar to City Hall so so I think I I help create that Vision not that I I try to fight the vision I help create the vision and I firmly believe with uh the new waves District I firmly believe that's going to create a little creativity in our community where not all the hotels are cookie cutter hotels that look the same doesn't matter what city they're in so I think I add a little bit of identity to Our Town versus a traditional hotel and also on the short-term rentals I think it's actually in the city's benefit that short-term rentals get pushed out to the commercial districts so they're not your neighbors they're not having parties until 2:00 in the morning and I think it's a lot more convenient to try to handle those type of client Els in a commercial District that has a manager on site all the time and a true uh uh operation behind the short-term rentals so I think it would actually be a benefit for the residents for the short-term rentals not all short-term rentals are bad but unfortunately there is some bad apples and I help I hope to help solve that thank you thank you Council heard some public comments council member Jackson okay I wanted to give a couple of just updates as as far as and this is for people watching and our citizens because um we have had a real downturn in short-term rentals throughout the city and when we look at short-term rentals we have the short-term rentals that can be nightly if you're in the commercial district and if you're not in the commercial District you're you're strictly supposed to adhere to the six not minimum 7 day minimum um and right now those rentals are nonexistent in our city and we have a huge number of short-term rental properties throughout Cape Canaveral if you do a search you get results that um come up to 2256 units literally we've got Melbourne tapping into the Cape Canaveral area we have Coco Beach tap tapping into the Cape Canaveral area and so I can totally understand Mr G's desire to want to push that development date out because if he gets in there and the that Trend doesn't change on short-term rentals he could end up wanting to change that Vision or that last phase for example so that makes sense to me business-wise but I I want our citizens to know this because we have major problems with real estate and it's dropping right now in our city um with condo complexes and SBD 40 huge assessments are coming out so condos are sitting on the market longer the prices are dropping our home prices are dropping and our real estate that is um out there it's taking longer to sell so we have a huge number of investors that are not from our area but it is a fact and we may have some Market correction with that because a lot of those properties that were purchased during the pan uh pandemic were literally properties where locals lived before and so that's something that um we have to think about those things as we think about our what we're doing up here in A1A with the strongly from many people in our city no more hotels up there no more hotels um so this project does give them us as residents at least the 40 years as a person sitting on Council today however with the situation with what I'm talking about that could end up if if cruises drop again and we saw them all sitting out offshore three short years ago and that Port was empty because they didn't want to pay the docking fees so and they get down there and they're like where can I go so we can't look at it like they're not going to want to do that or that they'll want to go down to Coco Beach where it's easier to get the beach many of them I see walking they're coming off of a cruise and they don't have cars or things of that nature so as we look at whatever we're going to do um these are just some considerations um I personally I've heard repeatedly our residents saying we don't want hotels up there this is an alternative to to be flexible enough for Mr uh gallon for for OG Enterprises so that they can move their project forward and us be able to work with them if there are economic changes or building um you know business plan changes for him thank you council member Jackson any other comments at this time looking through it may yes mayor for Tim Kellum just like to say that um you know I the pictures of this is is more oriented to what we want in our city as far as the hotel the the way it or the vacation rentals the color the design is all more of what we want in our city I think Mr G has is a local um he lives here he cares about our city he's done a remarkable job with his office on Long Point if it looks so nice and it's really upgraded that part of the city um I like the idea of the vacation rentals in a commer the plan and I think we should move forward and and help help him out you mayor council member Willis I just wanted to address the issue about A1A and their uh Miss Robert's concern um having having these types of agreements and plans presented allows us to go to fdot and say hey things are changing I mean we've already over the last three years been able to make some adjustments to their plan on A1A because that was done years ago and they had no idea there was going to be some development done here in the city so they are very willing to change their plans as we saw with the roundabout they they changed it for that but with development that is happening in the city we can get those changes that we need to make this safer already we're going to have a u pedestrian hybrid Beacon crosswalk just to the north of the hotels that will hopefully uh encourage people to use that crosswalk versus scatter and across the the highway but um presenting this to fdot Engineers they'll make Corrections and they'll make adjustments on how traffic moves through there and with any other further further development on the North End we're going to get those adjustments so I don't I don't see that as an issue we can easily get well maybe not easily but we can get fdot to to make alterations and help us out that's excellent point and for bringing that forward makes a lot of sense I look at the corner today and it's it's it's vacant you know uh and and I think that that the property owner in the phase one the wave well the village and the planes the original development agreement as far as some other comments is in regards to the citizens especially Port of Del Rio knowing is the transparency has been really good there's a website that's been dedicated to educate and inform the public about it and I think that when we looked at the changes adding these aesthetic improvements use uh improvements no real change in the quantity of of uh rentals and total um you know when we drive as residents by the hotels they're sort especially if there's no impact fees great but we know that the impacts from traffic and a lot of toilets Flushing and and and on our community and and as council member Jackson said but I think we would all Echo we have heard the concern and Dr Roberts has been uh one of those who's who's been very clear with it and tried to help this sort of brings uh a little bit of life to that corner and it and it and it and I think it gives the residents um and attachment that we all share today with zerella as you said um it's a it's a special place not because of the not only the building but I want to just point out a second part and I was listening to this is the process to choose who those tenants and occupants are um it's not the highest bidder it's the right fit for this area that is a certainly a proof of concept and I I have been paying attention to the Food Hall and I've seen some of the names of those in the destination um down in Coco Beach and uh very popular places in other parts of the county and the going back to the old food trucks debates we had in here food trucks are really hard to to to pull off in Cape canaver without a special event permit and this sort of bridges that Gap I think and never even thought about I didn't know what a I've never been to the one before in my life but you mentioned the one in North Carolina you know food trucks is kind of like that stepping stone and it still is today but this sort of opened my my eyes and I'm very excited to see it and we do have sort of that second movers's Advantage you know there's a lot of risk in doing something first a lot of reward too we get to kind of see what what happens and the success down there and I think you know keep echoing Dr Roberts and something she's talked about she didn't even bring it up tonight or I didn't hear it at least was she talked about the the class A the professional type businesses in here you know doctor's offices I've heard grocery stores Auto retail those types of places I think or you know like auto part stores that you know you got to go to merid Island and things like that there's a lot of risk on the developer to take but when it comes to restaurants I think that is one when the city attorney talked about use changes I I don't see that when changing that much and it's certainly Nails we heard or some sort of Boutique Beauty those things you're always going to need to get your haircut somewhere I think and and we certainly change today in the world with Amazon and the way we we buy goods and services but that corner today correct me if I'm wrong could be a hotel I mean permitted no development agreement needed and so when I look at 40 years we're sort of setting something in place that we hope the future councils see as a benefit and I think just like we went in and we deemed certain properties conservation a few years ago first time P canav really did that we did that for you know forever and ever and so this sort of is is a step in knowing and recognizing that it is a commercial use it's not a hotel we're seeing blue origin Space Race all those things I'm you know the the folks that need to work for 60 90 days or temporary work come here and and the the short-term rentals I I mean that is one of the most vicious topics in this city when because it is that the few bad actors that cuse nightmare for the residents who live next door um if it can relieve that and if it's not competing with hotels it's competing with short-term rentals I think it is that's that's a good thing because it takes the use and puts it where I think along A1A where a kib sort of puts that commercial use like Coco Beach you know right on that beach and people always say well I don't know what it is and our city manager said this and we've talked about it we've all heard it how do you like cape canaval most people say I love it and they you know folks don't necessarily articulate or know why but one of the things is we have residential zoning along the beach it's like you you you kind of walk through and you it's that it's supposed to taper from A1A down to the beach and and protect those views and over the years we've seen some things so I'm excited I'm hopeful that it continues to align with the vision as you were saying mayor protim I I do think um Dr Roberts brought up some good points especially on the master plan one of the big things from 2009 was a downtown um and it's really hard to figure out where that would be I think we've talked about downtowns Central was one of those areas where that opportunity the zoning is right I guess that's the the most western commercially zoned property there's that would a but the vacant lot that you I think it's residentially Zone which property to the West the Mr Ringo's old propert yes the vacant one so that's going to be a residential use it's R3 currently okay so no Hotel could go there right without a without a land use designation change and so this would kind of be the end in of of where commercial meets residential and then that commercial goes on across as we head towards the beach it is a long walk I'm sure you see them because the only beach access they can go to is the Ridgewood access or if they know the inside local Trail there to hit the Harbor Heights but that is something we've talked about I think at strategic visioning meetings when we were talking about uh golf carts is that you know can you get around the city bikable walkable golf carts uh in a in a circle connect to Coco Beach connect to the port work with fot as as we had and I think this sort of gives a destination for residents in addition to what's there with zerella and so I'm excited I I would be shocked if it if it actually takes that long just knowing that the mechanisms in place that it's a loss of money to continue to to wait and paying taxes and and the um the time we spoke through this today I hope we can zoom out and and talk about how we get away from that hodg podge of some of the I think hotels and The Eclectic uh businesses and and try to make sure we're doing the things we we can to to make it cohesive and it's undeniable that that is a major if not the most and that's you talk about sense of arrival you're coming down the uh 528 connecting in heading south on A1A and that's the first opportunity with the the signal there to slow down where most people well where am I right and and so thank you for talking through it council member Davis yeah one of the big things right now is like affordable housing and you commented that you have a plan for affordable housing is can you say anything about that is that in Cape Canaveral yes it is in Cape Canaveral um the city is aware of it okay um it is on A1A it is called royal wave wave by the way is my last name translated that's why we keep wave uh but yes it's uh the first that I know of in Cape canaval or coco beach under um the live local act that came into law last year um so we are I am working with the city uh to try to get that approved as well that way if anybody ask about all that we we have an option for affordable housing too so we have any that that yes there is going to be an affordable uh uh apartment aspect of the overall development okay perfect thank you mayor if I could add something council member Jackson um properly said that we do all hear from time to time please no more hotels we all hear that um this particular development agreement the the owner put went to Great length to create a discriminator between between project in the typical hotels in section g most of the hotels in Cape Canaveral are either um Studios or or one-bedrooms but these will also have two bedrooms three bedroom and four bedroom units plus they will also have kitchen facilities in each unit that that makes them more of a longer term stay and while he uh said he does want to keep it under common ownership it wouldn't be condomin condominium ised it's a very different product than our typical Hotel so the the people who stay there would be looking for a different type of experience than a typical hotel guest exctly and see those people are longer term and they're down in units by the beach now so they're staying in and condos down rental condos down in the Beach area which in the residential units that's what you want because those guys do next to your house if you're sitting there living there those guys come they go to work they leave at night and that kind of thing so there's definitely going to be some we're taken away from one market I'm just saying this with this development because we've got Cape Winds we've got Canaveral Towers we have Royal Mansions all of those have been r units since the 80s weekly rentals managed yeah um and they so we're taking business potentially away from people down on the beach with guests that want to be on the beach and right now a lot of the rental units are depending upon those space workers to try to to make any money at all um how however like I said with the way that the Market's heading there may be a correction coming soon because I'm going to tell you I have had myself I'm seeing massive amount of investors selling their units here they're getting out because they're not making the money and because the dues have gone up so high and insurance is outrageous so depends on what the new investors this is going to be another change of the way things are are happening in our world in Cape Canaveral because prior to the pandemic we had apartment complexes that were affordable that people could live all throughout our city and those have been turned into vacation rentals they've been renovated they've been um in the middle of the island and people don't people that are coming for vacation want to be down there um people that are going on cruises want to be up up there but they're looking to get down there so it's still not if we packed the whole Comm commercial district with rentals of every kind we're still going to have people going down trying to get to the beach and so as we look at these kinds of things and all of that we as a council have to consider that and how do we accommodate those guests getting you know where they go and all those because it's still going to impact our neighborhood the other thing I wanted to say too is um this was decided by a prior Council so this is already approved this project is a done deal as far as and this is information for our our residents and citizens because the way we've discussed it tonight sounds like we're looking at um approving this or not no we're looking at approving the extension for the development of the phases in this meeting so that um OG can get their their business started with this but this was approved prior councils along with all the other hotels that have gone in and all of the uh changes to our city and so you know just so everyone realizes this is where we're at right now and this is that last number that they're looking for with the port with having 14 hotels well this really feels a niche because I can still come in as a cruise person and stay two nights um but I could also be a snowbird that comes in for a month or three months the flexibility is there yes but I wanted to make sure that our par participants on the bridge and people that are that haven't been involved before understood this was already approved by PRI prior councils so we're just looking at how long and how to make that work for um OG thank you Council if there's not any more discussion or city manager City attorney anything out of these discussions council member Willis just have a quick question for my own curiosity is there a limitation on the number of extensions I didn't see just uh there's there's anticipated time frames that just to have a place holder there but there's typ there's typically unlimited number of extensions okay so either way whether we went with staff proposal Mr Gul could extend it well this is also an amended development agreement that's the bringing in the food Hall that's an important distinction yes and I'm glad you said that it it I would say council member Jackson it's not just an extension time I believe it's an improvement from the former development agreement absolutely a big Improvement yes because that the plan has changed so it's a change of the a site plan and also an extension so yes you're correct I just wanted to make sure that our residents knew in case someone's new here um you know it's just moved here this was this has been in the works it was approved by prior Council to move forward we just are need to drill down and and make sure that we can get him started and be a city where we're since this is approved that we're getting him started and get his business going so remember Willis well um it was brought up that uh we were going to have a lot of visitors who are walking to the beach wanting ways to get to the beach there are things in the works with the Space Coast Area Transit where we could have um ancillary Transportation based off of the bus routes where citizens could pick up a uber type but it's run by Space Coast Area Transit that would run to the beach through the port to areas within the city so those things are in the works there's possibilities out there and it may take a few years and it may take it may take uh till phase three to get some of these things but they're coming now are we going to it can scream when those things come that it's not our the way Cape canaval always was well you we're going to it's it's change and uh it's also the potential benefit of people who live here not just guests and visitors not just tourists you know you could you could hop on one of these um many buses that uh scat is proposing and go to the beach or go to the port go to a bar at the port and not have to worry about how you're going to get home so there's things coming that uh kind of fit with everything else we're hoping to have here in Cape canaval so just wanted to put that out there so in the prior Council when they said there's no sleepy Beach Town anymore there's no sleepy Beach Town anymore because no matter where the tourists and vacationers are they will be all over the town is what what the so shortterm rent or no next door guess what they're still going to be coming down through your front yard keep it residential as long as I'm just tell you what I'm heing City attorney any comments through the conversations do you think you need to clarify or things need to be addressed nothing for clarification um other than just to advise the council that the request tonight is consideration of approval of the amended and restated development agreement and the council just needs to tell us whether or not um the number that gets filled into the two highlighted boxes okay thank you so attachment two page four and five let's make sure we're okay thank you right there in front of me so Council it's just that simple I don't have an issue with with with what the owner is requesting I think we have a a unique opportunity here and that would be the 10 yes to to verify um with the owner mayor I believe the owner is asking for the number to be 10 to be filled in and both of those yellow highlighted areas so that would be 10 years for phase three PL submitt plus phase three approval of two years phase three construction of two years for a total of 14 years before the next time clock starts ticking which is phase four and that would be on page five that number would also be 10 so 10 plus two plus two in each case is that correct Mr Gul thank you from Co yeah from each previous phase yes to the screen that's before Us section I on page four the highlighted area owner sh shall have no more than he's requesting 10 the the the motion would be to yeah the motion would be if if you want to approve the owners's request it would be for um both uh phase three and phase four uh plans that the owner shall have no more than 10 years to file with the city all required permit appli applications for each of the two phases and the way that it's written it would be construed as that's separate from the time to approve the plans and separate from the time to develop the plans okay I see simplified it for us and the the simple way is is is approve the agreement with the owner's requested time time frames or staff's requested time frames yeah other questions this way don't worry about the we'll fill in the right number because it's in the agenda item just tell us whether you want the owner's request of time frame or the steps muted Mr Gul can do it quicker than 10 years as long as it's no more than 10 years I'm sure he would want to if he could yeah yeah but I just wanted to verify that it's because it says no more then so I just wanted to make sure I understood director it's a maximum subject to extension okay one motion will do it yes sir yeah so if if we're all understand and agree I think a motion for the as the City attorney said for the owner's request or did I'll make a motion that we approve the owners [Music] phasing um for the project and the agreement I'll second that I thought the mayor was going to do one motion maybe I misunderstood but the mayor said it's okay to do one motion so you mentioned the phasing but don't forget that the motion to approve the agreement itself with the owners's requested time frames he I make a motion that we appr approve the agreement and we adopt the owner's phasing perfect I'll second the motion got a motion by mayor protim Kellum got a second by council member Jackson to approve the agreement and adopt the owner's request city clerk council member Davis for council member Jackson for mayor protim Kellum for mayor Morrison for council member Willis for passes 5 with that our agenda tells us to adjourn that meeting adjourned thank you