e e e [Music] n [Music] welcome to the 5:30 p.m July 23rd 2024 presentations city council meeting we do have a quorum so I'll call this meeting to order out there best I can do uh would you please join me in a moment of silence and the pledge to the flag United States of America and the stands na indivisible all right city clerk would you please read the rules to speak yes sir this is a city council meeting to hear special recognitions and presentations Council will not take any formal action on the items all individuals wishing to speak may do so under petitions and requests no signup card is required citizens will be given 3 minutes to speak all signup cards and Exhibits being submitted to city council should be placed in the box on the table thank you very much city manager good evening mayor vice mayor city council we are on agenda item number four a which is the employees of the month for June 2024 and July 2024 and I'd like to recognize uh Chuck first finina from the public works department and I think Josh you're going to do the the presentation and if you don't know who Chuck is you haven't had your windows down in Titusville when he's out doing his street work come on up Chuck let me see so I had the pleasure of meeting Chuck recently um around April the police department started a community service unit and we started reaching out to businesses and citizens to see what we can do and we were getting a lot of complaints about locations in the city pockets of crime and what we found were a lot of camps and abandoned camps trash being discarded and what it was was happening it was directly lowering the quality of life for our citizens so while we got people out of the way moved along uh it didn't that was just a stamp on a problem where someone else would come back and set up um there was vegetation that was starting to come in the roadway where people were setting up places they weren't supposed to be um and just beds of dump sites trash uh trash sites and abandoned property so we reached out to Public Works and I got in touch with Chuck who's a supervisor of the beautification team and they came out on several occasions and not all heroes wear capes so these guys chuck would come out he would do site assessments for us and uh completely blew me away look I've served four years in the Army 10 years at the police department and this is some of the best leadership I've ever seen uh his team clearly respects him and it was Mutual he clearly respected his team they worked efficiently and even while they were picking up trash and cleaning up they were all smiles the whole time uh and just truly blew me away so for that and many other reasons uh nominated Chuck and I'm very proud that he uh is our city employee of the month and I I'd also I'd also like to add um we've gotten several comments about the Landscaping in the downtown area um and Chuck is the man who has put the Landscaping together and I I agree I think it looks better than it ever has Chuck so thank you very much for all that you do for the city it right thank you the Landscaping looks amazing app you hold on to that I'm sure a picture here somewhere got to do this I didn't see this let me help you oh you want to do this okay okay good thank you brother appreciate it very much thank you and next uh from the public works field operations Department we'd like to eogn recognize Eric Waters Tom Perez Jeremy Lorraine Jeff Harvey and Darren Brazilia I I didn't say that right and uh Mr wer I think you're going to come up and do the presentation for us good evening so this one's uh a little special to us because this actually came from a citizen and a lot of times I know you're always hearing the opposite side of things of what they were doing wrong or what they didn't weren't doing but in this case um we have a citizen at 1140 Linda Avenue she was having experiencing some sore problems for about a month she was back and forth with a plumber and unfortunately her sore was draining very slowly and um called our guys they went out there a few times was trying to work with the plumber help her out see what they could do and unfortunately the plumbing outfit she had just didn't have the right equipment and wasn't able to do anything and their last attempt of trying to do something they actually ended up breaking her line and sealing it off to where dirt collapsed and plugged her off so she couldn't use any facilities so these fine gentleman here there's one missing Tom Perez isn't with with us today he's at work actually but uh these five guys actually got in touch with myself and our Wastewater supervisor and said look we think we can do some things we think we can go out there and try to help her out to get her at leas flowing well they did a little more than that they went above and beyond and end up replacing a line from the street back to the property line and even part of her line to get her in and um they did this work on a Friday and on a Saturday so they kind of took the ball and ran with it uh she was struggling for like I said it was almost a period of two months at the end uh that she started having sore problems and it was just unfortunate for her and she spent a lot of money for plumbing outfits and our guys came in and saved the day so just want to recognize them like I said this one came specifically from her and she asked that they'd be recognized for it and I think we've got some shirts come on up so here somebody hold that in the middle turn around we're going to do a picture here that's the main [Music] thing thank you guys [Applause] appreciate and uh mayor she Sheena said when she gives the shirt she'd like to give a quick presentation if she could all right sir thank you on to agenda 4B this is the police department Spotlight as Council may recall we uh begin this department spotlights in January and then run them through uh the budget cycle so the police department uh video presentation um will be presented and chief Lao has a quick lead in and Ju Just So the cities whereare there are other police officers on duty other [Laughter] than I will tell you Now's the Time to speed because I believe our whole Traffic Unit is here you speed anyway so we started these Department spotlights what is it now five or six years ago um and it's just a great opportunity to and and instead of doing the same information we try to pick something that's relevant at that time and um I want to remind last year we talked about technology how technology is really just taking over um uh in in our space but before we start with that um we currently have3 sworn officers budgeted we don't have them all hired at that this point Point um due to attrition and um so but right now we're at 103 um the city manager has sat down with our team and we are putting three new police positions on each and every year till we hit the 120 Mark and that's going to put us a tad above the average of our cities our size um so recently we uh HR runs a program with uh interns that come through most of them are High School uh in the police department due to statutory requirements our ours are actually college aged um interns and they did some information that they presented so before we get into the actual presentation we thought it was important to see the demographics if I could get the clicker to work oh no I think they caught me in the back thank you um so this is something that I am so proud of our uh Professional Standards uh area and our recruiters because what you're seeing here is the demographics um by race in the city of Titusville and then the demographics of the Titusville police department and what you're seeing is it matches I mean we're literally hundredths of a percent apart now without throwing any of our Pure cities under the bus this is not the norm in most places and um actually the city manager was at this presentation with the interns and we kind of had a meeting after that and we've come to the conclusion this is a culture thing our culture at in our organization right now is healthy for all people to to thrive and to to flourish so it's something that again our folks every day day in and day out they're main uh is hiring and retaining hiring and retaining and coming up with different plans on how we do that to include meeting on a Sunday because someone's schedule can't meet during the week uh We've even convened and had an oral board in seminal County where they were on a lunch break so that they didn't have to be docked the time so our recruiters are going over and above and I just uh we thought it was good to share that um the next thing next slide please there we go education and this is something that is really near and dear to all our hearts so if you really if you look at this chart over 50% of our sworn staff have um college degree of some sort whether it's a bachelor's um Master's or a an Associates but 27% of our sworn officers currently have a master's degree and we probably have another 8 to 10 that are in the program right now going through it so this is something that will will always just keep growing and growing and growing once again without putting anybody down because that's not the point of this it's to promote what our organization and the men and women are doing is they really understand the need for higher education and we're doing it so the days of law enforcement being a blue collar uh job it's just not that way anymore it really isn't so um once again just an opportunity for us to to do on our folks technology update last year during the uh update um during our department Spotlight we spoke about one of the Technologies was uh 911 prepared live and it's an opportunity to take a cell phone uh someone calls into our 911 Center and says there's a fight there's a shooting there's a whatever the incident we can text them a link with their permission they hit the link they hold up their cell phone and now we're getting live video of that scene into our 911 Center that has very uh near and dear we had a an incident with a gun and we were able to identify the who had the gun and then seize that once we got there I do want to play this this is to set this up a family went hiking west of Fox Lake Park in the trails and it started getting dark and they couldn't find their way out this is not our jurisdiction this is actually the Sheriff's Office off jurisdiction but it was sent back to us because this technology the technology that you're about to see here is about 1% of the uh departments in the State of Florida have this Titusville is one of the the cities that has it so the address your emergency I addx Lake Park hold on Sir hold on sorry The Bard Sheriff's Office with a transfer he's in the Fox Lake hi off of Fox Lake Road and he is lost he's not knowing where to get out but I do see his plot okay sir are you there yes ma'am okay are you walking or are you in a vehicle we walking they walking and we have two kids with us yes okay we probably shouldn't have come in with them but we didn't know it was going to be this long no you're okay and so you entered from Fox Lake Park yes we went and near the launch the ramp launch okay but we we followed the blue arrows for a long time and then we followed the red arrows for a long time baby stay what what you saw they go in with their two young kids they were very scared we were able to see the plot of the 911 and then with the prepared live our dispatcher was able to walk them out because of what they saw and it so that technology got them to their car in less than five minutes so now granted it's not the appalachin trail um it's it's Fox Lake Park we understand but the bottom line is these this mother and father were very nervous with their young kids and I cannot even begin to tell you how proud I am this is something that our 911 Center came up with on their own they pitched the idea of course go for it um the issue this the cost of this it cost the city nothing this is a free service by the vendor so um just thought it was appropriate for this sitdown to see an update on something that was highlighted last year um wow we have liutenant Delo is overseas our Traffic Unit what we chose this year was to talk about traffic um that's a big buzz thing right now and accidents and and the strategies that Lieutenant Delo and the Traffic Unit are doing are amazing so we have a video we would like to play for you and then um Chris said he would be more than happy to answer all of your questions uh after the video hi my name is John laau and it is an honor and privilege to serve as your police chief here in the city of Titusville if anyone has driven around our city in the past couple of years it's hard not to notice all of the new housing developments and businesses going up with that being understood we also have an increase in both the volume of traffic as well as traffic crashes the video you are about to see highlights just a few of the strategies we have developed to address the rise in traffic related incidents our team has utilized statistical data technology and Partnerships to make this the safest city possible the city of Titusville is thriving today because of increased residency continuous business growth and the impact from space tourism due to unparalleled launch viewing opportunities along our Shoreline this continuous growth has also meant a significant increase in motor vehicle traffic so in a focused effort to maintain safe roadways and increase enforcement visibility the Titusville Police Department increased the Staffing of its Traffic Unit doubling its size and dedicated their duties full-time to three main points enforcing traffic laws educating motorists and citing non-compliant motorists through traffic stops with either a verbal or written warning or a written citation these efforts have already netted impressive results over last year in a side-by-side analysis comparing traffic statistics for the period of January through May 2023 to those of January through May of 2024 significant gains in five key Traffic Safety metrics have been achieved the overall number of traffic crashes did not increase despite the increase in motor vehicle traffic the number of traffic crashes with injuries decreased by 16% driving under the INF fluence DUI arrests increased by 100% the number of traffic stops increased by 119% going from 2522 to 5527 and traffic related fatalities have decreased by 50% since 2021 in an effort to reduce the number of traffic crashes throughout the city the traffic enforcement unit has identified five high-risk intersections Cheney Highway and us 1 Country Club Drive in US1 Garden Street in US1 Garden Street in Hopkins Avenue and Garden Street and Park Avenue the unit continues to apply proactive strategies of focused enforcement as an effort to reduce crashes in those hot spots additional strategies include an adaptable proactive daytime and nighttime Staffing schedule which can be adjusted to provide the highest visibility and enforcement presence especially during high volume events such as space launches and holidays part of the focused effort on traffic safety has been the acquisition of a new Fleet of traffic Vehicles equipped with cuttingedge technology which provides tools and resources for efficiency accuracy and safety one new feature making traffic stops and road hazard scenes much safer is the combination of a microprocessor and GPS unit in our Patrol Vehicles emergency lights the system synchronizes the flashing blue lights with those of other units at the scam slowing The Flash pattern and dimming the brightness when the vehicle becomes stationary to keep from distracting passing motorists Studies have shown that flashing or stro emergency lights often causes human Vision to misjudge the distance of the hazard whereas lights that slowly fade or remain steady are considerably less distracting and reduce the chance of driver error the vehicles also feature an advanced incar video system incorporating Axion Fleet 3 technology which synchronizes with the officers body cameras license plate identification systems and surveillance cameras to provide a clearer picture of enforcement scenarios public Outreach is a high priority for the Traffic Unit increased post to social media of weekly traffic enforcement advisories and alerts provide motorists bicyclists and pedestrians with important safety and traffic law information Additionally the Traffic Unit participates in National and State traffic safety campaigns such as Southern slowdown and and click it or ticket which has resulted in nearly 1,000 traffic stops and over 600 warnings and or citations during the two we time frame of those campaigns educational Outreach is also a top priority so the Traffic Unit partners with local schools going in the classrooms to speak about roadway safety distracted driving and the dangers of impaired driving they even conduct demonstrations where students Dawn impairment goggles allowing them to experience the effects of alcohol and drug use on their vision Additionally the unit Works alongside the Space Coast Transportation Planning organization to set goals for Traffic Safety Improvement programs as well as maintain the goal of vision zero attaining zero serious traffic crash injuries or deaths along our city roadways our department is fully committed to ensuring the safety of motorists bicyclists and pedestrians who travel along our increasingly busy roadways because of this commitment we will continue to utilize a pro Ive approach by deploying our resources where they are most needed through high visibility enforcement action and safety education we will continue to make our roadways as safe as possible drive safe Titusville drive safe Titusville drive safe Titusville drive safe Titusville drive safe [Music] Titusville impressive all right since you guys aren't talking I guess it's our turn yeah any questions oh first thing I will say it's how impressive it is and and certainly you've been you know doing presentation like you said about five years um I don't think I even have to suggest this I am sure you're taking this presentation out in the community to other places rotary clubs wherever it may be this is just really impressive uh the metrics that you've come up with um the uh 911 technology you know because uh that certainly felt like a appalachin trail to those Folks at that time uh so with that um member Cole you know John when you show showed the slide of the number of traffic stops versus the number of accidents and fatalities it was a direct relationship between the two I'm thinking that that needs to be emphasized because you're not doing traffic stops just to be doing traffic stops the traffic stops that your guys do as a direct reflection on the number of accidents we have and the number of fatalities we have so I'm saying thank you yes but I think when you do that I don't know how you take the slide and put more emphasis on it but you know you gave the statistics as you went through but it just popped out at me as is that's a really good thing and it's not just the um the number of it's where the offense is you know you could find uh we used to call in the olden days a watering hole where people roll through a stop sign but what good is that doing and but if you're writing red light violations in one of those five uh high volume uh frequency for accidents you're saving a Life by doing that that and so there is a direct correlation there's also a direct correlation the higher the traffic stops the less the property crime so yeah and the other thing was you know and I I've been sitting up here for almost two years now and I look at employees of the month and and I'm I'm so proud to be a part of an organization that has so many true Professionals in every portion of the city and you know especially proud of those that get the awards of Employee of the month and it it's just great it's heartwarming to know that we're doing this and these are things that we do on a daily basis that nobody knows we're doing and as the gentleman from Public Works stated normally we don't hear good things we always hear something that we aren't doing so it's really good to to know that we know what you are doing out there and thank you uh member Nelson sorry I say the 911 technology is cool that was a good acquisition the lights on the cars having them sink that was cool so a question though how many guys are in the Traffic Unit guys or ladies I'd like I'm I'm over the Traffic Unit um I give them Direction but I give them D direct uh credit for all the statistics even though um there's other members in the department that are our author of there the driving force behind uh our statistics that you see up there and all four of my traffic uh officers are here tonight if if I could at least recognize them for their hard work we have if you just stand up for Tyrone Logan R Houston Daran Crowder and Luke [Applause] D and next question is who is doing you're recruiting Because those numbers were impressive so it all started with Lieutenant Joiner and right now major Wright is back there but we have um Sergeant Barber um I I mean uh Sergeant heinan um also uh Sergeant Jennings who's actually taking a acting Lieutenant position right now but again they're just going way over and above of doing things outside the proverbial box so that we can attract it's our culture it's who Titusville is it's it's what we do not everyone will fit in that some people actually be we we've often said a lot of former Marines don't necessarily do well with our structure because we'll laugh we joke we we we take our job seriously but not ourself is how we advertise us you know so sometimes a very paramilitary they they might view that as disrespectful it's just a good culture that we we have to let each and everyone flourish in whatever way that they can and I would add watching that I'm sorry um as I was watching the technology and certainly I was very impressed with the technology and and the The Radars and the all the it all comes down to and you've said it a bunch of time so I'm not being profound here it comes down to your team it comes down to the people that make this work comes down to the relationships and then it goes from Team to family and I think that Titusville Police Department is an illustration of both those um every time I again every time we give a a employee of the month and as a tizel police officer I can't help but say it's a it it always comes down to the relationships and that that again comes from the top down and I appreciate all of you and very excited we uh have been a part of that um vice mayor go ahead one other thing I worked with tpd for 35 years MH when John was very young I was very young but uh Titusville was always one of my favorite departments to work with um 35 years as a prosecutor uh at one point scary as it it seems I had the key to the your building um but Titus f was always one of the best in the county and like John I won't throw anybody else under the bus but there were a lot of times when I thought I wish the other departments would do like Titusville so it's been a good run thank you now V mayor yeah I I just want to report a mistake um I was pulling out of um Walgreens one night and one of your officers pulled up and flashed me and stopped me and uh he asked me where was I coming from I guess he had gotten a report that someone was driving ER erratically along the road but I want it scared me because I I said what have I done or what have I got caught doing and but the officer that stopped me was so nice when it found out that I wasn't the person that I mean that I couldn't give him more Bravo Zulu because he stopped me asked me a question and he apologized and went on and that officer is in this room tonight and I want to uh compliment him on the job well done well sir you just scared me I know ah remember St does that person want to stand up no I'm just kidding um I know I'll keep my comments brief um one it was great to see a lot of you guys that are in this room in that video with your acting skills that was impressive um one of the things I always appreciate about the presentation you guys do is there's always something new that we learn I think that you guys are implementing or doing and I think it was said in the video proactive it is a word that I would use to define our department and then the last thing I think sometimes um and this is not to speak of our Council but just out in general when I'm in different meetings and see different presentations I think it's easy to um have a nice presentation but that's not really going on behind the scenes but I can tell you the culture that has been created in the department transcends Beyond this room and I hear it from the community often and I'm sure the others do as well and um so there's no you can't fake that and so it's nice to go out in the community and stand behind and stand proud of our Department um and nobody can say anything because it's it's just it's out there it is what it is and it's hard to deny the truth so um I just really appreciate everything that you guys do um and makes me very proud thank you thank you very good anything else again just thank you so very much uh Team the family and relationships you guys are all about that and and even the the story that vice mayor just told I'm sitting there thinking it's relationships even the short or relationship that's what works and I appreciate that thank all of you guys very much for being here thank you for what you do and and again thank you for uh being our security and putting your lives on the line every day thank you so much [Applause] than C man on to item 4C which is the Martin Luther King Jr parade presentation the city holds an MLK Junior parade each year in January to commemorate and celebrate the Civil Rights leader Martin Luther King Jr's Legacy Mr Delvin Smith representing the MLK parade organizers will provide an update on the planning efforts for the upcoming 2025 event sir hello nelvin how are you good evening good evening um good evening Mr Mayor vice mayor um in city council U my name is Delvin Smith um I am 44 years old I've been in this this city now for about over 24 years now um I started out here um as a barber cutting hair and I was in a facility where I noticed there was a lot of young men um getting locked up one of the things that I decided to do in this city is give our kids something that helped them give them an alternative from being on the streets or selling drugs or anything that was of a negative impact so I started Boys to Men with purpose Mentor program in Titusville you can look it up it's at b2m purpose.com you can see all the work that we've been doing in this city uh some of the things that we train them in is electrical carpentry auto mechanics towel floors um we trying to introduce food culinary uh classes uh in financial uh development um one of the things that we I've always tried to do is change The Narrative of how our young people think and one of those things was dealing with the police um they had a bad feeling about police so one of the things I did is invite Chief Lao and his Department over to our facility where he interacted with the kids played football with them and just be able to sit down and eat with them to change their narrative we've also gone into the community uh for young mothers cuz I have a heart for young mothers and we've donated a card to a young young a mother in our community on Christmas she didn't know she wrote in a letter she didn't know she was going to be picked and our young kids is the one that presented the carard to the to the mother also with gifts for the kids as well so I just want to be able to show our kids that what they do counts and then when they do it they can see the reaction and they can feel good about themselves and what they're doing in the community where they're no longer tearing down their Community but they're building up their Community um but today I'm here here um on behalf of our MLK program that I took over about two years ago um so to shed light on the significance of the MLK parade and emphasize on the importance of embracing MLK parade and Festival as a part of our City's fabric it is not just onetime event but a a significant occasion that reflects who we are as a city and a community our MLK parade is uh we're all a part it's it has to be all a part of our city it's it's celebrating Unity it's equality and justice for all the the principles that Dr Martin Luther King stood for Dr Martin Luther King Jr dedicated his life to fighting for civil rights not only for African-Americans but for all marginalized communities his dream was not limited to the advancement of One race but rather his Envision of a society where people of all backgrounds could live harmoniously this parade and Festival serves as a powerful reminder of the progress we have made and the work that we still have to ahead of us it is a platform that honors Dr Martin Luther King's Legacy and it highlights the ongoing struggles for equality and justice for our society this year will be bigger and greater the renowned bth cookman Wildcats marching band is our headliner culminating with the Battle of the Bands featuring Jones High School the Heritage High School and hopefully Titusville astronaut and Space Coast High School bands this parade brings together people from all walks of life regardless of their race ethnicity or background it is an opportunity for individuals to come together learn from each other and work towards a more inclusive and Equitable Society if possible any financial support you can provide would greatly be appreciated it gives us an opportunity as the city to demonstrate our commitment to honoring Dr Martin Luther King Jr's Legacy we need funding both public and private we are representing our wonderful City we already have uh we need the funding that the funding is required for Logistics permits security and other necessary expenses to ensure that this event is a total success Chief LA and the sheriff Wayne Ivy are doing everything they can to wave fees and to make this event successful the city labor council is also on board as well as Parish Medical Hospital who has been one of our main sponsors for the last two years since we've started however it is not just about financial support we must also invest in marketing and media efforts to raise awareness about the parade and its significance by doing so we can reach a larger audience and encourage more people to participate and engage in this event the MLK parade should become a signature event for our community it should be a time where our city comes together celebrating diversity and reaffirm our commitment to equality and justice this is a chance for us to stand in solidarity with the black community and all those who have experienced discrimination and Injustice our city and Council have always been involved in helping to promote change peace and the deescalation of violence to unite this city is one and to help tear down barriers of discrimination as they say it starts from the top and trickles down so I asked a question how would you like to lead we have a team we have a committee we're called The Dream Team a couple of our members are here tonight our Charter is to help change the narrative to start building a future and to stop holding on to the past but it only happened if we do this together change happens when we learn how to work together so let us work together to make MLK parade a true reflection on our City's values and a testament to its Collective pursuit to equality and justice so let us remember that the MLK parade is a festival it is not just about the black community it is also a symbol of unity a call to action and the and a reminder the struggles of equality and justice belongs to us all thank you thank you very much well [Applause] done and I'll just say that uh I I've been to every Martin Luther King Day parade since they started it back when Pastor Dames and the guys were were heading it up I was actually the sponsor of the THS step team Believe It or Not stomp step however they want to call it I didn't do any of it I just was a leader uh but that being said everything you said there and very passionate is so true and every time I I'm a part of the parade and at the parade and after at the after events Etc I feel better about us as as people I feel better about us as Pete citizens of titis I just feel better about myself I it's one of those events that that just carries you you don't have to carry it now that being said obviously we need some support so that being said uh uh Council anything we want to add to that uh city manager is is is there anything you want to add or anybody wants to add concerning uh our part in it or is this something we'll discuss as we go um a as the presenter said we do in kind U police support for the event and that we weigh fees for that okay but that being said I can't say enough about how you presented it um and it just took me back to uh we used to get the the B from Baltimore all the time uh and and you bring in a bathoon cookman holy cow and Heritage and Jones and uh certainly hope some local bands get involved but the whole word I get out of it and you said this near the end is you know there's a feeling of unity walking on in the parade before the parade after the parade it's definitely a we thing not a me thing so uh I thank you so much for being there here and uh Mr Mayor I'd like to say something yes uh yeah I was just uh I know listening to Delvin you know this all of this can't take place in a vacuum and it all takes money so if anyone listening would like to donate please contact Elvin because it's upwards of about what $35,000 to do this event and we we need help okay so if you're willing to donate we are willing to receive thank you thank you thank you thank you ter I see you I appreciate you guys thank you so much much all right we move on to petitions request yes sir no no sir got one more item 4D which is the comprehensive plan Amendment discussion uh Mr Parish will provide city council the comprehensive plan amendment number 1- 2024 uh which is the transportation housing element and um relating to the downtown and Gateway corridors Mr Parish May thank you mayor and Council I'm just going to go through these slides really quick this is really a purpose of this is just to kind of remind you of what's coming to you thank you in your next few meetings sorry I almost skipped you so I did include the presentation in your packet I'm not going to go through each slide I'm just going to highlight the main ones just to remind you about what's coming before you and possibly in August you'll see a first reading and a second reading for adoption of the Amendments that I'm going to highlight here tonight so if you're you remember we proposed to you back uh earlier this year uh and you approved a transmitt of this amendment to the state for review uh changes to the city's comprehensive plan primarily related to the Future land use element Transportation element and the housing element and this is primarily focused on the downtown and Gateway quarters if you remember that concept we came up with something where we would try to encourage Redevelopment along our commercial quarters so the the first item I just want to show you is that uh we're proposing a Citywide element if you remember the comprehensive plan is made up of several chapters this is a brand new chapter it'll kind of introduce the comprehensive plan and it will include a new goal that is Citywide related primarily related or responding to the vision that was approved by the city several years ago through the Titusville tomorrow project and it will include some new objectives and policies some of the highlights of that element will include uh kind of highlighting this the city's place within the region as in the Space Coast um it's place in the economic U area uh regionally um will emphasize is creating a high quality of of life and quality of life for residents uh place-based design reflecting small town character and it will include an objective related to creating a variety of businesses and employment opportunities primarily focused on high technology the future land use element portion of this it'll include some changes to the overall goal and there's only one goal inside that entire element that'll be revised a little bit to kind of emphasize and support some of the changes that have being proposed for the downtown and the new uh concept Gateway quarters policies so the amendment will address some of the following objectives related to character and land use districts Redevelopment and adaptive reuse of existing buildings concurrent historic preservation natural resources uh it'll touch on inconsistent land use uh Urban spraw industrial land uses and commercial land uses so for the downtown uh is objective 1.10 of the future land use element and that entire objective and all the subsequent policies and strategies being completely restructured and a lot more language will be added to it to kind of emphasize the place making U vision statements that were adopted several years ago through the Titusville tomorrow project one of the main things that you or a few of the main things that you'll see here is some language related to walkable and bicycle friendly and safe uh facilities in our public Realms and that that means uh trying to accommodate pedestrian and bicycles in a safe manner in our streets uh more attractive Green Park spaces uh fostering I'm sorry generating more activity in residential population to help existing and new businesses grow and Thrive into downtown uh and reimagining downtown that can enrich the adjacent neighborhoods and this is also kind of related to the area to the west of the downtown which is going to be a separate Amendment and we'll bring that to you at a separate time so what's going to be brought before you again is going to be about the downtown and the Gateway quarters it will not include the policies that and amendments that we brought to you several months ago related to the neighborhood immediately to the west of downtown of that objective underneath it you'll see several policies and several strategies again it's being completely restructured including the the main objective um I just want to include this image here to kind of uh highlight what was brought before you by the consultant at the time that these policies were being drafted and this was the idea of um encouraging different types of housing duplexes triplexes quadruplexes multif family development types of homes in even inside the downtown and some of the policies that are associated with this particular objective in the downtown would encourage that one main concept that's going to be proposed to you um is that residential density pull if you remember this has to do with calculating residential density based on the entire boundary of the downtown specifically this area Illustrated in the image to the right so it's not density would not be calculated based on a parcel by parcel basis but on the entire area and then a developer can take from that pool to put onto a piece of property provided it meets all the design criteria and land regulations of the code in addition they'll be able to that tool will be able to be used by a developer provided they um provide some public enhancements and those are kind of highlighted inside the comence in this amendment that come before you in the next few meetings so the next part of this amendment that's going to come before you is about the gateways and that's the commercial quarters and this is these are new a new objective and new policies and new strategies related to fostering Redevelopment and new development along a commercial quarters and infield development as well the new objective and policies related to commercial quarters will work more or less of an overlay on top of the existing land use categories on those commercial quarters and it calls for us to if if these policies are adopted will call for us to come up inside our code AS zoning overlay as a tool to implement some of these policies it will include something similar to the down town not a density pull but an allowance for an increased density this primarily be located or usable on us one Garden Street South Street and Cheney Highway this is just an example of a type of development that was illustrated by the consultant when this was initially presented to you of a type of mixed use development that could potentially happen along a commercial quarter it's not um it's horizontal mixed use so you have maybe Town Homes mixed in with a commercial development on a Redevelopment on a redeveloped piece of property along Cheney for example the initial proposal was to allow for an increase of density along these commercial quarters of 50 units per acre the staff is suggesting bringing that down to 40 units per acre and that's what we'll propose in the amendment to you now a developer will be able to utilize those that density provided certain design enhancements are Prov are Incorporated with that development and we've kind of I I'll just highlight what they are here um providing enhanced public Realms um enhanced Landscaping Sustainable Building design affordable housing and those specifics will be Illustrated in the code itself so if these again this objective this new objective related to to the Gateway quarters subsequent policies and strategies are amended or adopted with the amendment that were proposed to you then we'll come back to you with code language that'll actually address how those will be implemented uh this is just another example of a mixed use development that the Gateway quarter objective and policies will encourage again you can see commercial adjacent to residential type development on the same property if it was redeveloped so we plan to bring this before you at your first reading of this ordinance adoption ordance at your first meeting in August and there'll be a final public hearing for adoption for your consideration at your second meeting in August and we plan to bring this before the Planning and Zoning commission at their um August 21st meeting so that I'll try to answer questions you have any questions uh member Nelson Brad I thought about this long and hard but especially like on the gateways Kimberly horn had the buildings like a five-story building on each side wider um sidewalk which is nice but I was in Vieira the other day and I thought that I sort of felt like like I was in a canyon you know uh I don't mind it in New York I'm not sure I want it in Titus though so as I was looking at it I was like you know I think it would work if the first the area the building closest to the road was short and then it went up sort of staggered as opposed to having that I'm in a wind tunnel kind of feeling and I and I apologize CU I should have said this a while back but I couldn't figure out you know how to fix it why I really didn't like it other than I was always sort of like not sure that's what we want and to me that makes more sense so I don't know if this is a good time to bring that up but I'm bringing it up absolutely we can look into that and see and I'd like to see the examples you're talking about and maybe we can see if make some adjustments to the policies I don't think I have an example it's just sort of like in my head I'm okay I'm like building buildings Mr Mayor yes Brad as you put this comprehensive plan together uh what added stress is if any on the current infrastructure I'm sorry what was the question have you put all this together the plans the dreams have you Incorporated what uh uh what stress that new construction putting housing and so forth in the uh in the downtown area what uh what added stress would that add to the current Rec construction so you I believe you're referring to the the density pole and the potential of having a lot of units on one piece of property right it would still have to meet concurrency requirements still have to be able to be engineered and still be able to be um to be you know those units would have to still fit in within the parameters of the code itself the height the bulk setback requirements right but even even in that it is and maybe this is the questions of Kevin uh and and it's still going to add some some new stresses to uh the uh uh the infrastructure I mean into the U all of the the piping the you know that sew lines and so forth it's going to add some added stress and I wonder have have that been figured into into the equation as we go forward so the the density allowed so we're not proposing increasing the density in downtown so the and any every project would have to be evaluated on whether it can be um served with our infrastructure and whether we have the capacity to provide those Services um so what we've done on a on a comprehensive plan level is look at the concurrency related to what's entitled now even with the residential and if we don't adopt this ordinance and we have we continue to calculate density on a part piece parcel by parcel basis um even with scenarios any around the city um even though that there may be a vested right for maybe 15 or 20 units per acre on a piece of property they still have to be able to engineer it so that density doesn't is not a right if you can't get do the engineering correctly if it can't be served so a property that uh for example that may have um Services nearby that can be connected to it to be able to only really serve maybe five units per acre that's really going to be their limit so what this amendment does it doesn't really take away that evaluation with each project but what it does it allows the applicant the ability to consolidate residential uses and take them from pieces of property for example that um have entit but can never be used and this property is one of them so a property that has a commercial or a um a public use on it right now has a residential entitlement if that's collected in in a pool then a developer potentially show if they can demonstrate that they can put a larger number of residential units on a block and it can be engineered the idea in the downtown is you really want to try and create and encourage Redevelopment and development in your Urban core and this is one of those tools to allow that because the idea is in a downtown we have the capacity to be able to to accommodate the the residential density that we have currently vested in this area okay thanks thanks anybody else I don't say any Brad thank you very much appreciate it nice riew you now petitions request petitions no request Tony Shuff Tropic Street I rushed up here because I want to speak about this very issue which is coming in August be ready kimley horn is not the friend of the people although it is the friend of our staff um if you've been following this issue as I have perhaps you have a few documents I've been following it since the very beginning I haven't noticed much change for all the community meetings that they've had and touted to you this very presentation is excerpts from August 8th 2023 and it's the exact same verbiage because I went through the thing that was in the slides there and the ones that we have from July of 23 and earlier I just want you to be aware that yeah it sounds good and it looks great on the slides they pull the be beautiful things and it would be great for our Park Avenue to look like winter Parks Park Avenue I love it I lived there for a long time I live here now I don't want our Park Avenue here to look like winter Parks Park Avenue thank you I think it is going to be fine when the theater gets built if it does um we have an Arts Entertainment District that way I think you need to think in terms of the total picture and see where we're going because when they bring you the West Titusville chapter 10 article n or article 9 chapter 10 or anyway I digress because I want to make just a few points on page 13 of your packet 27 it said a reimagine downtown can enrich the adjacent neighborhoods EG West Titusville when we do this we better think in terms of what the young man who was here representing the ML King because that's the neighborhood that that parade goes through a lot of times and I don't see that it has a lot in common with downtown um not at this point we need to really work with the communities to pull them together so that there is a connection between West Titusville and downtown other than the fact that there's a lot of empty property that developers can infill with their affordable housing when this project comes to you with the code and everything I hope that you are prepared to look at the details at the things that they're taking out that are harmful to the citizens and the current residents and giving incentives to the Developers for nothing give them incentives to do real things for the Developers for the community and the residents that are there as they develop and um we look at the strategies the devil is in the details thank you thank you Tony appreciate it I'll be back petitions or requests uh Stan Johnson registered engineer I've been here for over 50 years uh there's some something on the news going on that's that's very disturbing distressing is that uh there's been a um director of Secret Service Kimberly cheel she she has resigned her position which was certainly recommended by both parties and uh she's been test testifying before Congress and not giving answers uh I feel like the somewhat the same way is that I'm I'm I'm giving you some some questions and I'm not getting answers uh Mr U Cole approached me today said well what are you doing here well I'm here because of a project called SNJ Oaks that project is uh as by my attorney has has taken it to the Supreme Court of the State of Florida so there's being suing and suing back and forth and so forth about SNJ Oaks big project big important so here's here's what you can see right here that there's over 50 problems there problems are with the survey with the Drafting and with the engineering and uh the surveying problems are very severe like right now you can go out there and you can look and you can see overhead electric that's required to be shown on the survey it's not on the survey still not on the survey so I I've complained about this well over two years ago uh and uh I I had two two officers let's see that's um mayor Diesel and Joe vice mayor Joe they went out with me separately and I showed them monuments that disagreed with the monument by Mr snow the surveyor by over two feet that two feet was showing an overlap of deed to the property to the east that's a serious matter I mean I got I got all these monuments that you can see and fact is that his Monument there on the survey said it was supposed to be a 4x4 concrete Monument it's not there so he's put a monument there Iron rod and cap that's not shown on the survey and yet the city is accepting the survey right now now is Mr Parish Mark Jones have discovered a serious era three foot era three foot width bust in the RightWay of Elizabeth Avenue guess what the city still approves this survey how can they do that nobody answers my question how can you possibly accept overhead electric three-foot busting survey can't find survey monuments it's horrendous it's horrible and I don't understand what you're going to do I would like somebody to give me an answer anybody can give me an answer what in the world how can the world the city approve a survey like this please answer thank you Stan oh okay as you see there's no answer well I will say what I said last time and as you know this this is in court and it's kind of you're disagreeing with the engineers of the developer and I'm sure so are The Monuments so are The Monuments right thank you thank you and overhead electric thank you anybody else par request wrong meaning no oh want to talk in this one my name is Connie Milton I live in Windover Farms but I also own a duplex that's on the corner of sis Road and Wendy Lee all of Wendy Lee backs up to Timber Trace which is a three-story apartment complex I owned my duplex before Timber Trace went in and I was involved in coming to meetings and questioning about that particular development well what I was told before it was being built and it's over 300 about 300 and something units in there it's three stories it's not four stories it's three stories and I was told oh it'll be controlled that's going to be controlled the hard nasty reality of living next to a big apartment complex like that is all hours of the day and night there's horns honking there's motorcycles revving up there's 's um truck Mufflers pounding there's uh boom boxes and vehicles and see the people that live there they're Milling around in the parking lot all hours of the day and night a commercial building it has closing hours they're not open overnight 99.9% of them they're open between 8:00 a.m. maybe 900 10 p.m. at night there's nobody in the parking lot there's no traffic the other nasty thing is and I'm sure every one of you have driven down Sison Road time and time again and you see garbage strown on the road let me tell you what a lot of that is the people in this apartment complex they throw their garbage bag up on the top of their car because the dumpsters are somewhere else in the parking lot they're going to they're going to throw it in the dumpster on their way out well they forget when they slide out on Sison road that garbage bag which has diapers nasty diapers it's had needles in it it's had all kinds of crap and it's strown onto Sison road cars go by turning it up and it get and the wind comes along I I don't know how many times over the 15 years that I've owned my property that I've had to go out there with gloves on a garbage bag and pick up the trash on sisen road on my property that is comes from everywhere in that apartment complex now you don't see that on commercial property like there's a Lowe's or whatever there's no big huge garbage thrown kitchen garbage thrown across the road just wanted to let you know that's the reality of living next to something like that thank you thank you petitions or requests at this first meeting just come up you're G to talk feel free yep yep name for and address please Joseph Ray Ry Gardendale good evening Council and Mr Mayor I attended our last meeting on July 9th and heard some talk about lawsuits in the city I heard a little tonight too I also traveled here then last meeting by bicycle and when I exited the meeting my tire had been flattened Integrity is a word everyone knows I know that lawyers and police take Oaths involving integrity and I'm sure you Mr Diesel and the council have all taken Oaths as well one of the union jobs I work we had a saying do your job this was directed at Slackers who bur the other workers and did not take pride in their work once again I'm here about the noise nuisance issue where the truck owner has bragged that he is quote friends with the cops unquote some people have told me that he has Law Enforcement family I don't know that for sure as you know I am not a part of the friends and family Network my neighbor and I have been directly disturbed by this early morning noise since February Studies have verified that sleep deprivation is an attributing factor to cancers according to the Miriam Webster dictionary updated July of 2024 a disturbance is quote the interruption of peace or order specifically an interruption of the quiet enjoyment of one's property I have reason to believe that you are not enforcing your own laws that the city made up not me based on a comment a city employee made to me which implied vindictiveness and retaliation here are just a few of your laws and related reasoning this is a city called 13105 the operation of any vehicle in violation of any provision hereof which endangers the Comfort Repose health and peace of residence in the area is declared to be a public nuisance and the city is authorized to pursue any and all remedies therefore here's another nuisance neighbor law this is a case entitled Walford versus Thomas and it happened about October 2nd 2023 it states quote unreasonable unwarrantable or unlawful use by an individual or of his property so as to interfere with the rights of others is a violation and I appreciate that time's up we got a long meeting coming up I appreciate that I'll see you in two weeks all right thank you anybody else we will reconvene at 650 dismissed nope adjourned I will never get out of that dismissed for --------- e for for e e [Music] n [Music] all right we're all settled in here so welcome to the July 23rd 2024 6:30 p.m. city council meeting we do have a quorum so I'll call this meeting to order would you please join me in a moment of silence and the pledge to the flag the flag of the United States of America and to the rep for it stands Nation God indivisible with liy and justice for all okay clerk would you please read the rules of speak yes sir individuals wishing to speak on agenda items must complete a signup card prior to the item being introduced those wishing to speak on Clause our judicial public hearings must complete a signup card and sign the oath sign up and oath cards are available on the table individuals which wishing to speak on non-agenda items May do so under petitions from the public present this opportunity is offered twice in the meeting and individuals may speak at either the first or second petitions but not both no signup card is required citizens shall not comment on any issues more than once during the meeting all comments except petitions and requests must address the pending issue and citizens will be given three minutes to speak citizens wishing to speak on the consent agenda must submit a signup card identifying the items of interest each speaker shall be limited to 3 minutes to speak on the entire consent agenda all signup cards and Exhibits being submitted to city council shall be placed in the box on the table thank you very much uh can I get a motion to approve the min of the regular city council meeting on June 11th 2024 so moved second a motion in second all those in favor say yes yes opposed manager approved city manager uh good evening mayor vice mayor and Council we'd I'd like to do an administrative adjustment to the agenda this evening the City attorney would like to add an item to his report and I'll let you him describe what that item is yeah correct this the city has received a petition to establish a CDD uh for Willow Creek and to do an amendment to an existing CDD if you recall previously we had uh staff entertained Ken arton with Bryant Miller ol to assist in that process and they'd like to do the same thing so I have an engagement letter from Ken arton of Bryant Miller Olive uh for council's consideration and approval and we can do that under my report at the end of the meeting if you're so inclined uh may I have a motion to add that to the City attorney position sub second all those in favor say yes yes opposed City attorney we've added it to your report all right city city manager onto boards and commission item 6A the Titusville uh environmental commission semiannual report is included in your packet no actions required thank you very much uh hold up hold up uh Laura Lee come on up I that's why I hesitated I'm like I see Laura Lee here and didn't so we good read lley lle Thompson 3550 Irwin Avenue Mims Florida and I'm the chair of your environmental commission which is your Advisory Board um this the report is in your packet so you can read that the only thing I want to pull talk about um the landscape technical manual I want to thank you for your support of the Titusville um the new uh tree list and and plant list in the manual that now includes uh almost 70% native plants um in there a lot of work went into that and we really appreciate your support and if you want to see a really nice example of how how wonderful Florida native plants look in the landscape pay attention to the landscape and at the library the next time you're there it's it's all Florida Natives and it's spectacular so so um the but the the other thing that I want to do is I want to do a commercial for um the public engagement um uh for for the Titusville natural resources um you guys have hired a consultant to to work with uh the Tec and the public to try to get suggestions and ideas on what what people would like to see as far as our environment is concerned in the city and um Abby made these wonderful Flyers um there's a whole pile of them right on the front desk at Dixie Crossroads if you want to get one for yourself um you can just pull your car right up to the door get out and go get the flyer you don't even have to go in and eat any fritters but there's a big pile of them sitting right there there's a QR code to get to the website there's a survey on the website that you can fill out you know so you can let let um the Consultants know what you think you know about our water quality and the Indian River Lagoon our aging infrastructure that that we have problems with tree canopy and preservation land acquisition and conservation and Wetland and flood plane regulations so you know this is our opportunity to to um to get involved you know for everybody in the city um we we would like for everybody that lives here to get on the website and and make comments about what you think Titusville should do as far as our natural resources um and that's it unless you have any pre questions the website I'll I'll tell you the website it's long but it's www. Inspire and then there's a hyphen engagement. comom Titusville hyphen natat hyphen resources so it's a mouthful it sure is like I said you you can pick these up at Dixie Crossroads and on you can probably do a search and maybe there's an easier way to get is Brad is there an easier way to get to the website yes we've included that in our newsletters uh I believe there's even an announcement inside of Titusville talking points um so we've we've tried to get the word out we've also included a link that was just read by Miss Thompson inside everybody's water bills too so that's going on as well so the survey is open till about the middle of August right yeah so we have until the middle of August to collect your comments and it would be really really really helpful we want to hear from everybody so thank you Laur member Nelson I was just going to say that Laur and I uh in a moment of insanity agreed to take a bunch of kids from the Boys and Girls Club out to Mosquito Lagoon and then over to The Cove to see the manes and there were so many manatees over there wasn't even funny and the grass and mosquito Lagoon it looks fantastic yeah we survived I came home and took two aspirin yeah it was uh when we took them sing they were really well behaved maybe because it was a new experience and they were and they were trying to be good but then when we went on the bus ride to the aquarium in Daytona whoa we took 21 kids to the aquarium yeah in Daytona that's called well great aquarium horrible bus ride Le thanks for what you do thanks for heading up to te and thank you so much yeah good call okay City Manager on to 6B which is Board of adjustment and appeals the terms of regular members Christian Smith Rodriguez public at large Al Taylor associated with Building Trades and Industry Dr Gina beckles Associated Building Trades in industry and Alternate member uh David menac public at large expire on 31 July 2024 regular members Smith Rodriguez Taylor uh and beckles have all indicated that they will continue to serve on this board with an expiring term on 31 July 2026 ultimate member David mener public at large does not wish to be reappointed in your packet it says we were having troubles getting a hold of do beckles we finally did get a hold of her and she does want to be reappointed so we do that all at one time you sure if we wish uh member Nelson um I think some of the people are here I saw Al I know somewhere yeah yeah anybody who's on that list would you like if you want to come up and say a word that's fine if you don't just wave and we'll move forward got a wave I think that's all we got okay we got a wave cards and we haven't been yet so okay move to reappoint uh Kristen Smith R rguez Thomas a Taylor Dr Gina beckles uh to the board of adjustments and appeals um I was going to say for a term that expires whatever term to expire July 31st 2026 second I got a motion and a second roll call vote member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson yes member sto yes pass unanimously city manager petitions and requests petitions and requests from the public and of course I don't have to say of course you're not moving okay city manager consent agenda items a through H city council or there any questions of staff for consent a through H vice mayor is that are you on no okay I see none city council um is there any agenda item or consent agenda items that you'd like to pull for further disc session I see none city clerk are there any cards for consent agenda items a through H yes mayor I'd like to read the titles for the record thank you sir consent agenda item 8A approve the Citywide generator inspection and maintenance and repair contract award consent agenda item 8B approve Amendment two to D FTE Grant agreement for the city of Titusville storm water improvements projects consent agenda item 8 C approve and appropriate the use of forfeiture funds for special Investigation Services consent agenda item 8D approve amendment number two for equipment lease schedule with Bank of America consent agenda item 8e approve the cost sharing funding interlocal agreement Amendment one Riverfront Center nutrient removing fil filter boxes with the uh save the Indian River Lagoon project consent agenda item 8f approve the award for the sidewalk infill consent agend item 8G approve amendment number five with Wright Pierce Incorporated for the morning dove Water Treatment Plant solids train update and consent agenda item H uh 8h approve the budget amendment for water and sewer Capital Improvements excuse me mayor we do have one card for item F okay call the card please um Trent Mansville item f f it's for the sidewalks okay got you go ahead Trent Mansfield Titusville resident um I'm questioning the uh contract for the sidewalks how many miles of sidewalk is that I was looking through the agenda pack and I couldn't see find it do we have that Mr Paris or whoever May answer that Kevin Kevin I'm sorry it's almost 10,000 square yards so it have to one second I'll do quick M 10,000 square yards yes [Music] what that 30 miles I don't know I'm not certainly doing the math just curious that's a lot of money for sidewalks so it's 5 foot wide it's about 18,000 ft so roughly three miles of constructed sidewalks so three miles of constructed sidewalk for okay I was just curious cuz that's a lot of money for uh for three miles I was just curious and you said 8 10,000 10,000 square yards of sidewalk construction so not square yards of concrete yeah that's that's the concrete for the sidewalk there's a whole bunch of other pay items I was just pulling that one because that's the one specific to uh sidewalks and driveway Crossings uh this project will fill every Gap in all of our collector roadways completely yeah I'm not questioning that I was just questioning the uh cuz one mile of sidewalk is approximately at 4 in thick 4 foot wide is approximately 325 cubic yards and you're saying 10,000 that's I was just curious I that's a lot of money for three miles of sidewalk and I was just asking why it's 1,252 54227 yeah I can let you know that the consultant estimate was 2.5 million so this one came out about half of our consultant's estimate so that was actually one of our few bids that come in below bid and and just for the the gentleman we we use six inch sidewalk and five foot five foot wide minimums so so but yeah that's it is about half of roughly half of the estimate based on do contract amounts this year so this was actually a favorable uh award for us it sounds okay 6 in a sidewalk 5 foot wide one mile is 488 yard 489 yard so that's I don't know how much it can't be much over two I was just that's a lot of money for sidewalk and so if you do that times three that's that's under 1500 cubic yards of concrete so I was just asking why is it one m i mean that's because bid came in I mean with understand a lot of money for three miles sidewalk and I was just and certainly I get that side of it but the other meetings that you're not here sometimes people are always saying why don't we have sidewalk here why don't understand I understand and I and we still don't have all the sidewalk they want so okay anyway I appreciate that I do all right no other the card member Nelson move to approve consent agenda items a through H second roll call vote member Nelson yes mayor diesel yes vice mayor Robinson yes member stokel yes member Cole yes pass unanimously city manager item 9A which is small scale comprehensive plan Amendment SSA number 32022 City attorney will read the Quasi judicial rules mayor for the for the Public's benefit I just want to remind everybody this is comprehensive plan small scale amendment number 2 2022 which includes ordinances 19 2024 and 20 2024 which is a land use and zoning ordinance when we open the public hearing we'll open the public hearing is to both ordinances so if you put in a card and you wish to speak and applicants can address the items you will be addressing both the lane use and the zoning at that time at the close of the public hearing we will then vote on the item separately land use first and Zoning second ordinance number 19 2024 an ordinance of the city of taso Florida amending the code of ordinances by amending ordinance number 60 1988 which adopted the comprehensive plan of the city of Titusville by amending the future Lan use designation for approximately 25.9 Acres of Lane located at 8225 Windover Way with Bard County parcel ID number 22 3530 av65 from the commercial hien City and res conservation land use designations to the plan unit development land use designation providing for severability repeal of conflicting ordinances and providing for an effective date ordinance number 20 2024 an ordinance amending ordinance number 5 1993 the city of Titusville Florida by amending the zoning map made a part of set ordinance by reference by changing the zoning classification of approximately 25.9 acres of land located at 8225 Windover Way with Bard County partiel ID number 22 3530 av65 from the regional commercial RC and open space and Recreation o zoning classifications to the plan development PD zoning classifications providing for severability repeal of conflicting ordinances and providing for an effective date and mayor at this time I'd like to also go over the Quasi judicial proceeding rules during this public hearing portion of the meeting anyone wishing to speak on the quasa judicial items must first sign a public hearing agenda card and sign the oath contained thereon swearing to tell the truth the full truth and nothing but the truth these cards are located on the table at the entrance of the chamber and should be provided to the clerk those speaking in favor of a request will be heard first if you have photographs sketches or documents that you desire for the city council to consider they must be submitted into evidence and will be retained by the city please submit such exhibits to the city clerk city clerk have you received signed oath cards from persons wishing to speak before the city council swearing to tell the truth the full truth and nothing but the truth yes sir staff and applicant please ensure that all witnesses that intend to speak have signed an oath card and presented it to the clerk if there is anyone present who has not signed an oath card that does wish to speak on these public hearing quad judicial items please submit a card to the clerk at this time City Clerk have all agenda items been properly advertised yes sir in the event that a council member has received an expart communication either verbal or written outside of this hearing the council members shall disclose the identity of the person group or entity with whom the communication took place and the subject of the communication including all opinions or facts discussed any written communication must be disclosed and made part of the record also in the event that a member has conducted an investigation or site visit or received any expert opinion regarding quas judicial items said visits or opinion shall be disclosed but this time it'd be appropriate for Council to disclose any expart commic member stok come this way me let's go this way member stok yes um okay I have spoken to a few people um one Jordan Chandler he reached out U just asking if I had any questions about the project I did not form an opinion based on our discussion also met with the applicant Cole Oliver um discussed the project discussed uh potential plans for the project uh what could be used potentially at that site and no opinion was formed from that discussion also discussed with Jason steel with his experience and expertise in the field of real estate um his comments concerning it and how it could potentially benefit the city of Titusville no formal opinion was made during that conversation and lastly also talk to Robin fiser briefly about about it um and just asking if I had questions and just his view on how it could potentially bring in revenue for the city and no formal opinion was made uh during that discussion as well and that's all I have thank you mayor in addition you provided me emails that you had also sorry about that yes in addition I forwarded all emails that I received and read from citizens um those were mostly in opposition to the project concerns about traffic uh land use uh very similar to what we heard during our first reading and no formal opinion was made uh via those emails and those emails have been forwarded to the applicant as well yes thank you Bor yes I I just um had one brief conversation with them a pleasant conversation with the app we uh talked like we would KN he understood what I said didn't change my conversation it was in alignment what I said sitting here behind the DI on our last meeting about safety and uh we talked a little bit about the different tax uh Revenue that's involved and that was a total uh essence of the conversation I enjoyed speaking with him and I told him that all right very good um similarly I met with uh Cole Oliver to discuss the project um Jason steel attended one of them and um quite he was mostly an observer um and that's as I recall it but I did meet with uh Jason steel and Cole Oliver um got a lot of emails uh read a lot of emails forwarded to city manager um and as you said forwarded them onto the applicant and I'm trying to think I think I'd say it uh member Nelson um I talked to Joanne Griffin who owns Ryan ghost her concern was that she has no place for her workers to live she was in support of the development spoke to Jim Swan about other options for that piece of property which would include a hotel live local um commercial center um spoke to Jason steel who was in support of the development spoke to Cole Oliver who went over the development with me spoke to Robin fiser who likewise we discussed the financial implications and what he was pointing out was solare Grand brings in $650,000 in property taxes each year and he was like if you were doing this to continue the lifestyle for the people at wover you're doing that at the expens sense of our taxpayers because that revenue is not in our pockets so therefore our taxes potentially won't be lower um so I have to say you know that sort of made me think um but I haven't made any firm decisions remember Cole yes I spoke with Cole Al and Robin issue similar conversations to uh council person Nelson about the taxing taxes that we would receive from this property and uh the amount of taxes that we receive would be about a half a million dollars uh I too have not made a decision but I I'm still pondering it but it didn't change my decision from what it's been all along all right C attorney than the have you received the emails that was referenced from Council Members yes no problem with the city manager forward that was appreciate thank you okay and with regard to order presentation you will receive staff's presentation followed by the presentation of the applicant um then the floor will be open to public comment the applicant will will then be entitled uh to make a rebuttal on uh 19 June 2024 the Planning and Zoning commission acting as your local planning agency recommended denial of the project 70 the applicant Bristol Development Group LLC is requesting a smallscale comprehensive plan Amendment with rezoning to develop a plan development project consisting of six four-story multif family buildings with a total of 34 units an Associated Clubhouse open space areas and ancillary parking and storm water infrastructure on the property located at 8225 Windover Way the property lies south of Cheney Highway State Road 50 West of Windover Way and Windover Farms of Titusville resident subdivision east of I 95 and north of the land currently utilized as hobby remote controlled aircraft Park the request is Illustrated on the master plan is controlled by PD ordinance a separate amendment to add the proposed residential density of 11.7 units per acre to the comprehensive plan is included um with the comprehensive plan Amendment CPA 22024 Mr parish is here to give you a presentation followed by the applicant Council and mayor and councel I have um I don't have a PowerPoint presentation the applicant's going to provide that after my summary I am going to go through the staff report report and just kind of highlight how we evaluated this application and this petition and why they decided to go through this process what they had to provide to us um and then I'll uh summarize our findings and our recommendations I'll also point out some of the exhibits that were provided to us so that you have a good understanding of what's being presented here tonight the application or sorry the staff report begins on 427 of your packet so again the application is a request to amend the city's comprehensive plan feature land use map from on this piece of property from the uh commercial high-intensity land use category to the plan unit development land use category that is a specialized category um in order to utilize that particular land use category the comprehensive plan also requires in addition to this a text Amendment to the comprehensive plan uh which has to be uh processed separately uh with this plan unit development it also in order to justify utilizing it they'd have to include a master plan that was also included so with the evaluation of the text Amendment you're supposed to include the master plan and evaluate it for justification of putting the density inside the comprehensive plan I'll describe a little bit about what that means in a moment and then also amending the map so you have two different ordinances and two different agenda items so 9A is the map and 9B is the text to the comprehensive plan in included with 9A you have in order to implement the Pud land use category that's being uh requested they are submitting a plan development zoning District which is a uh a tailormade zoning District in order to implement the policies that of that comprehensive plan and implement the policies and and criteria of the plan development zoning which is a special category that we allow applicants to utilize to create a unique zoning District it has to include special conditions which are tailored to this particular property which I'll point out what those are in a moment so the first action before you is to consider the request to change the land use from commercial high intensity to the city's plan unit development land use category if that is approved then you consider approval of the uh rezoning which is the resoning of the property from Regional commercial zoning and a sliver of land on the bottom of this piece of property from open space and Recreation zoning to the planed development zoning district with Associated master plan and conditions and then after that then you would consider the text Amendment the comprehensive plan amendment number 22022 uh to incorporate the maximum density into the City's comprehensive plan related to this particular land use category staff's recommendation on page 427 is for you to consider the land use category if you and I'll show you the findings that we found in support of the application and request and there were some findings we thought that were might be some concern and that we didn't feel like we had enough information to make a real call as to whether this is supported or not I can say that the current land use on the property which I'll point out is consistent with the comprehensive plan it the proposed land use you'll need to make a judgment as to whether that is also consistent with the comprehensive plan we could not find anything to say that the request was inconsistent with the comprehensive plan if the land use is approved then you consider the resoning with the conditions and again the trans the the comprehens the text Amendment which that action that on agenda number 9B is not going to be approval of that Amendment to the to the text Amendment into the comprehensive plan will it will be is a transmittal hearing it's not a particular ordinance it would have to go then to the state for their review the state's land planning agency would then have to send back to us any comments or objections um and if we don't receive any objections then we'll just process that as an ordinance later on this year so even if this land use Amendment uh this map amendment is approved tonight uh and the resoning is approved tonight and then the trans you still the the the uh final action will be the transmittal amendment to the comprehensive plan we'll have to wait for the state to complete their review and then you'll have to adopt that text Amendment to the comprehensive plan later this year before all of this becomes effective I hope that was clear if you have any questions about that process I'll try and answer it okay member St do you have more of your presentation I do okay then I'll wait because they're not about the process um I do want to make a couple of Corrections in the staff report on page 429 of your packet we identified I95 or the the location East of this property to be I95 that should be reversed and then where it says West and the uses and future land use and the zoning as described should be located as East so that just want to make that correction for the record on that page that's page 429 of your packet and this is under the surrounding property information existing US future land use and Zoning table another correction we want to make is what's all is uh a reference to a future land use element strategy 1.16.2 we made in in the staff report that is actually policy 1.16.2 and that'll become relevant in a moment when I describe what that is on page 430 of your packet of Staff report uh is a short description or summary of what was presented to us the property is about 26 Acres 5 and A2 Acres of which is wetland uh open space is about 9 and2 Acres The Proposal is to include 304 residential units on this property which is currently not allowed with the current land use uh six buildings four stories each uh number of residential units are broken out by type um the max residential density allowed in the plan unit development land use category is 12 so they're asking just under that 11.7 uh proposed resident uh I'm sorry the maximum height according to the plan development zoning is 50 and they are utilizing that uh maximum building coverage is 15% and the proposed maximum lot coverage is 40% and that's Illustrated in the master plan and on in the ordinance the PD ordinance on page 431 and 432 I'm not going to go through this but I just want to highlight that that is the city's sprawl criteria and we try to address each of those items as far as this project is um either um in violation or creating sprawl and sprawl is basically defined as creating a development where you're going to have to extend a lot of resources or infrastructure to it in order to allow that to be developed and it's better to usually to allow develop or encourage development in areas where infrastructure already exists we did not believe that it was this is that this amendment is creating a sprawl issue on p uh later on we on this staff report on page four starting on page um 431 or 432 excuse me consistency with the comprehensive plan we tried to go through and identify land I'm sorry um goals objectives and policies and strategies inside the city's comprehensive plan that we believe are most relevant uh there may be other goals objectives policies and strategies that we did not identify in this staff report and address with an actual staff comment you may find that that was probably deficient and you may find that to be relevant and may want to utilize that as part of your review what we've identified here is not uh complete you certainly have the right to be able to include addition policies and object and objectives and strategies that may be relevant to this the first one I want to identify on page 4323 packet is future land use element policy objective 1.9 and it states the city of Titusville shall provide for appropriate and adequate land for commercial and land uses through the designation of commercial high intensity and Commercial low intensity use designations on the future land use map those are identified on the future land use map there are subsequent policies and strategies after that objective we did not go through and provide a comment of each of those policies subsequent to that so you may see in the comprehensive plan there may be policies and and strategies subsequent to this particular objective that I just read that may be also relevant all of that is in general relevant we just believe we just identifi that objective to say comprehensively that this particular property is consistent the land use category on this property is consistent with that objective and subsequent policies and Strat IES for commercial land uses according to the comprehensive plan later on the bottom of that page you'll see a reference to flu future land use element objective 1.19 that begins the the planned unit development policies if you remember the future land use element is broken out into a goal and then several objectives and each objective addresses different topics one being commercial land use one being residential land uses and another one being a plan unit development land use so this is the tool where it start this is that an applicant to use to maybe propose a unique development on a particular piece of property with this unique land use category and then this underlying zoning District we tried to address each one of these policies underneath this particular objective we felt it necessary to Unique to specifically address each one into the staff report here you'll find that the policies are very general um they are very open-ended it's very much up to it's a legislative decision do you believe that the master plan that was associated with these with this particular objective 1.19 plan unit development land use category and and subsequent policies uh are being met we believe that um we couldn't find anything to say that the master plan was inconsistent with these with this objective and subsequent policies however it does these policies do talk about things such as enhancements that the project should be unique should some kind of architectural style what is it doing above and beyond what our code requirements or what the comp plan asks for and that's a judgment call and a legislative decision that you need to make it as part of this we found that the information provided to us was relatively deficient we didn't have enough information to really make a determination as to whether it was meeting those these particular policies related to above and beyond standards the applicant I believe has some information that they will provide to you and their testimony to address that on page 435 if you're packet you'll see the text Amendment that's related to comprehensive plan um amendment number 22024 under agenda 9B so you see under policy 1.19 .2 this requires it states all requests for a p land use designation shall include a master plan development plan a master development plan plus you must incorporate the maximum density into this table so this is where the text Amendment comes into play and this has to go this particular language has to go to the state if this is approved and so if you approve the transmittal it'll be transmitted to state for their review and then we'll have to wait for that at your first reading there were some concerns and objections were brought up related to to the conservation U land use that's currently on the property on the bottom of the property there is a small sliver of land that has a current conservation land use on it the applicant is proposing to change that plus the commercial high intensity land use category on the overall property both together and replace it with this plan unit development we believe the comprehensive plan allows that specifically on page 435 of your packet you'll see future land use settlement strategy should say policy 1.16.2 it says in the bottom half of that paragraph of that policy that the conservation land you shall be amended to include all Wetland areas on the site to be preserved unless such wetlands are preserved by a conservation easement as part of the plan development or master plan development and any other Upland areas to be permitted for preservation for State and/or Federal Federal listed Wildlife species we also have a wetland overlay inside zoning overlay in the code which addresses this and tells us how to implement that and that can be done with an easement and preservation tracks as part of the plan development zoning District the applicant has decided to utilize that tool there was questions about whether they can do that and and then have that gives them benefit to have 304 residential units on here we believe that they're what they're proposing is consistent with the zoning overlay and this policy so I won't go through the rest of the what we've addressed on the policies and how we addressed each one what we thought was most relevant to this application I'm just going to skip to page 440 of your packet where we started the addressing the resoning criteria I do want to back up actually there was a statement at your first reading that the city has never approved this kind of tool where there was a watland Incorporated in a plan development zoning or a peed land use category that's untrue we do have an example of that where that was utilized and that's the Willow Creek development or Verona development so to page 440 of your packet we tried to or your staff report here we had we tried to address the resoning criteria again I'm not going to go through all of that it does ask us to to make a determination of comp consistency with the comprehensive plan we could not find anything to say it was inconsistent the applicant did provide to us information to help address the resoning criteria which during part of our review helped us determine what kind of conditions that we would want to recommend as part of the PD resoning ordinance on page 441 of your packet there is a paragraph there number two existing zoning and we provided some background information as far as the existing zoning and how this commercial high-intensity zoning got onto this property and some of the history related to it this began in 1993 there have been um there were rezonings that happened in 1996 1998 uh there the those zoning districts or I'm sorry those ordinances that were approved at that time continued to govern this property there was a concept plan that was incorporated or approved with at that time that still governs this property so REM if this uh land use change is approved and the resoning is approved all of that would be replaced and the master plan would govern this property from then on on page 443 of your packet the code then ask us to review and address the criteria Rel related to a PD so not just the resoning in addition to that because they're using a PD resoning U tool there are additional criteria that we have to address we believe that they've satisfied those um I do want to address one particular um standard that has been brought up several times including at the first reading and that is on page 443 of your packet this is related to section 33-5 paragraph A2 of the code this is a specific standard for a PD and it St 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 the PD we've stated that plan development will not create or generate traffic along local streets and residential areas or clusters outside the PD area we are referring every time there's a a reference to Access Transportation impacts we refer back to one particular statement that we made on page 10 of the staff report on page 10 of the staff report which is Page 436 of your packet this is our analysis of the transportation and access management information was provided to us they provided the applicant provided to us a resoning traffic impact analysis which is basically a land use comparison comparing the existing land use invested rights on that property with that governing concept on the property versus what they're proposing based on the information they provided to us uh they believe that there is not going to be this this is a less of an impact but either way I just want you to understand that if a proposal was submitted to us under the current commercial zoning or commercial land use we would have to evaluate it for that traffic impact at that time for that particular proposed development and for concurrency review we would have to we will have to do that if this is approved we will do that again at the site plan stage so with the applicant has provided to you is if this is satisfactory to you a comparison between what is vested Now versus what they're proposed as far as traffic Generation generation of trips and the applicant can provide uh more testimony on that of how they what that methodology was they also provided to us a comprehensive traffic study which has been I think we went through three iterations um and we also have a supplement that was provided to us it was evaluated all of those were evaluated by our staff uh according to the traffic study the project has the potential to generate 1400 average daily trips uh the traffic study did not recommend a southbound right turn lane and there's no significant impact to wind overway according and that was also confirmed that was also confirmed by our traffic engineer further down on the on that same page 436 of your packet again we just made a statement about Transportation concurrency we will have to evaluate it again specifically at site plan stage as far as the access question on page page 443 of your packet so again staff believes that the what the evidence that was provided to us that the plan development would not create or generate traffic along local streets now the council needs to be asked whether that is sufficient enough to address this particular standard a standard that has been brought up several times as far as access management later on under that PD criteria there's compatibility and open space and height open space on page 444 of your packet we've addressed that the applicant has satisfy the open space criteria for the PD zoning District height page 445 uh there's been some concern about whether the 50 foot high structures four story structures is compatible with the neighborhood we believe that the structures are far enough away from other residential structures to be compatible guys let talk page 445 of your packet you will see a reference again back to that's on the bottom of your page under number 14 a reference back to those plan unit development land use element policy land use category policies specifically 1.19 1 3 5 6 7 and 10 those are the enhancement language policies we State although the master plan could better address the plan unit development future land use element policies which I've already stated to encourage creative approaches in Housing Development types and styles interesting streets Apes architectural Styles and a mixture of uses the PD resoning conditions are consistent with the plan unit development land use designation section 333 and 338 again you'll need to make a determination as to whether what they're providing to you is exceeding above and beyond those particular policies I've stated here for consistency with the comprehensive plan on PA page 446 uh just going to be an example of some of the conditions we're going to suggest if this is goes forward um we've recommended a bicycle parking structure to shelter bicycles for the longterm storage of uh for the residents on page 448 in addition to comprehensive plan criteria resoning criteria PD criteria the code also asks us to address criteria related to a master plan review so we try to address each of those here uh the biggest one I think is going to be about concurrency and again that will be specifically addressed during the site plan stage so if it can't meet concurrency even though this is approved this may be approved you have a master plan that's governing on the property that's the zoning district with conditions they still have to get a site plan approved by the city so like any other project it has to go through that process and if it can't be concurrency then it can't be approved on page 449 of your packet begins our findings I'm just going to summarize those the comprehensive plan text regulament will limit the residental dencity to a scale that is appropriate to the surrounding residential land uses the resoning and master plan are generally consistent with the plan unit development comprehens plan land use category and the land regulations including PD resoning criteria we don't see any AB adverse impacts to State Road 5050 that went over way and again you need to see that staff comment on page 10 of the staff report for references to resoning traffic impact analysis and traffic study a variety of housing options are needed to accommodate the desires of residents including rental apartments so those are the things that we found generally to be consistent and to help support this application things that we based on the application and the evidence that was provided to us that we thought might be uh questionable uh the Comm current Commercial High intensity future land use and the regional commercial zoning District were approved in 2008 with a binding concept plan for commercial development the city has less than 20% of combined commercial industrial land use categories the amendment will continue to reduce the cumulative acreage of non-residential land use categories in the city the only reason we suggest we even stated that 20% is because that was a a quantity that we actually had and that just only came out of the L local ordinance analysis that we did so it was the only metric that we had available so we decided to include that to say that this is what we have available to tell you this is the quantity of actual commercial indust we have in the city so as part of your legislative uh decision-making if you decide that this is not appropriate to continue to reduce that then this would have to be denied a master plan could better hold up br br say that last sentence again for me if you decide that the you do not want to see a reduction in the cumulative area of your commercial and Industrial in your city the best metric the only metric we can give you is that 20% analysis that was generated last year if you decide that this is not appropriate to continue to reduce that then this application would need to be denied thank you the master plan could better address the plan unit development future land use settlement policies that I've identified the 1.19 135 the enhancement language of market demand analysis economic impact analysis or fiscal impact analysis was not submitted the applicant did provide some information to help address that they also the applicant also did try to provide some did provide a a report yesterday to us to help address the the policies that I mentioned about that enhancement language uh the staff has not had an opportunity to review that information and provide our own analysis of that so that I think believe was just distributed to you the city's existing residential land use designations and approved or proposed multif Family Apartments developments can accommodate the projected new po population growth what we're referring to there is that we have existing residential especially high density and medium density residential land use categories throughout the city that can accommodate where we believe the growth will H that growth will come to the city that we do have places for that whether those places are appropriate or can accommodate actual development we don't know that until an actual site plan is approved the applicant did not provide specific information that demonstrates how the project protects the health safety and Welfare to a greater extent than the standard code uh the applicant did provide to us a report which again was distributed to you yesterday I'm just going to highlight or just point out some of the exhibits on page 451 of your packet is the aerial so give you some orientation as to where this property is in relation to the other properties and you can see that this property is a 25 acre lot that is or parcel red that is on the west side of Windover Way east of 95 north of a large lake and south of another property that's currently commercial the future land use map is on page 452 of your packet and you can see the existing future land use versus what would be uh created after if this is approved so the entire property will be a plan unit development land use category again a tailored made land use and then on the zoning on page 453 again you'll see the same thing all the various zoning districts on this property that were created back in 2008 and and prior that are currently Regional commercial and that sliver of property on the bottom of it that has o zoning open space and Recreation zoning all of that will be changed to plan development zoning with the conditions of Master Plan the application is on page 46 2 uh the applicant provided an environmental report on page 479 of your packet we highlighted some of that inside our staff report a transportation land use analysis which I referenced before earlier is on page 491 of your packet the master plan is on page 493 I'm just going to briefly describe what that shows you see the on page 493 of your packet you'll see areas that are shaded in green and blue and gray and then there's a hatched area in the bottom part of that property that's the existing Wetland and that'll continue to be Wetland according to the conditions of the PD the Blue Area I'm sorry I have to zoom in on this the blue area is cons was identified by the applicant as open space passive Recreation totaling 6 and2 acres and the green area is is identified by the applicant as open space active Recreation totally 2.8 acres and then there will be a storm waterer Pond it looks like on the east side of this property the land use map Amendment ordinance is on page 496 of your packet the PD resoning ordinance is on page page 500 of your packet the conditions of that PD resoning ordinance are on page 502 502 of your packet and I'm just going to highlight a few of those conditions so if this is approved this PD resoning ordinance um will govern this property and help implement this master plan so you can see on page 502 the list of permitted uses will be limited to multif family residential dwelling Clubhouse active Recreation fist facilities and some detach accessory structures such as carports and garages on page 503 of your packet you'll see some additional conditions and descriptions that will help govern this property if this resoning ordinance is approved if any of these conditions need to be changed they will have to go through an amendment to the to the process which means it has to go through a public hearing back before you again the building height on page 503 we wanted to clarify because the applicant proposed a different definition of how height would be determined on this property we um wanted to make sure that the city's height definition would be utili utilized so we've Incorporated that into the ordinance on page 504 of your packet are the conditions related to access and roadways uh we are stating here under page 504 under section 1.9a of that PD resoning ordinance a maximum of two vehicular access points may be granted that doesn't necessarily mean that one of them has to be an emergency axis that is something if the applicant wants to do that that is up to them and we'll review that during the site plane stage um the location of parking areas number of spaces can be are Illustrated and can be moved during the site plan stage so when they submit to us a site plan and if it's not 100% consistent with the master plan that won't be an issue pedestrian circulation plan illustrating all sidewalks crosswalks that would have to be provided to us during the site plan stage uh bike Lanes shared bike lane markings and with approved signage on window way to Cheney or construct an alternative dedicated bicycle path to an existing bicycle facility this is something we're leaving to the applicant to propose there's three options there during the sight plan stage uh a bicycle shelter which I've already mentioned and then at the bottom on page 504 uh you will see uh Amendment procedures and that's just really mimicking what's already in the code as far as how this can be amended the applicant did provide to us a school report uh the school board did not see a concurrency issue a traffic study is on page 5 I'm sorry the school reports on page 507 of your packet traffic studies on 515 and the applicant did provide to us a business impact estimate which is on page 737 of your packet with that I'll try and answer any questions you have M stok did you have a question before I have a few um Brad can you clarify what is required with PD zoning in terms of if there's a public use component how much open space is required on in the code the open space criteria for a plan development zoning States commin Open Space includes both passive Recreation for example picnic areas or walking trails and active Recreation for example playgrounds or basketball courts areas private water bodies or storm water retention or detention areas that are designed to be used for Passive Recreation I.E improved with fountains benches and walkways may be counted towards the common open space minimum requirement the applicant on page 493 of your packet they have that's the master plan and you can see what they've incorporated or proposed as open space and the amenities that will be included in there and some examples of that are is there a minimum open space requirement for oh Excuse me yes it's 35% okay and um did the appc can say why they went with PD versus trying to get it changed to like high density or something more intense if not I can ask the applicant that one the applicant probably better able to answer that question okay and then um this is being proposed as six buildings uh or six four story buildings for a total of 304 units do we know if this were to potentially be a live local project how many stories in units it would it could be developed under live local under live the live local law and our City's ordinance the height is determined by the uh the state law we've Incorporated our ordinance identify which zoning districts would qualify underneath that land that law this property is commercially zoned has commercial uh Regional commercial zoning which does not have a height restriction however height or setbacks have to be increased if you put if you build a height a building that's higher from 35 ft taller every foot taller the setback has to be increased so if a live local if a project is that qualifies for a live local is going to be proposed and can be approved on this property without resoning they have to meet those standards but those increased setbacks could potentially go toward like an open space requirement would that be fair to say the live local law ordinance that the city has does require some kind of uh Recreation or open space uh component okay so yes it could okay so pending it could go at least 35 feet and then increasing your setback you could go up to the 50 ft yes okay um do we know how many maximum units potentially could be there um does I guess does live local under our code that we passed is it the same 35% open space or is it less than that it's 20% 20% open space in the in the city's uh local ordinance okay the the Urban Village zoning District open space requirements were Incorporated in that and that's 20% the I'm sorry go ahead no you may not be able to answer this is it fair to say that under live local potentially more units could be developed in this piece of property yes so the law requires us to allow the maximum density that the city allows to be on a if the project is a qualifying live local project so that would be 40 units per acre in the city of Toddville okay thank you I'm almost done um my other question I had is in and I've said this I think before I know we're probably going to hear a lot of comments on traffic what I said prior and at the first reading is to me this is and even just seeing the staff report we're making a land use decision um and so right now it's commercial do we want to switch it over to PD um we're going to have traffic there regardless so I know there's going to be traffic comments made but for me it's the land use what type of traffic what type of land use um should be there um and you guys know I always bring my map Brad do you know if there is any type of best practice for ratio of residential to commercial ideally for cities and municipalities I know we have less than the 20% but is like 20% best practice is that just the minimum commercial again that one of my issues I always say is I'm really concerned about losing our commercial space and so I I don't know if you with Planning Association or anything if they discuss that to say hey when you're developing your City please try to stay within this range of ratio from residential to uh commercial there's no range that I'm aware of that has been spoused by the APA or other planning associations but um I have heard and have read and and we've all been taught that if if your city is uh one land use dominant that can hurt the city okay so a city that is dominant single family zoning is that is the market basically um whereas if you have a mixture of of different types of of uses then allows you to have a more diverse economy okay um and then my last question and I think you mentioned it if we were to potentially propose any changes such as um maybe a reduction in the height for the this project can we do that tonight or would that have to go to will we table and go to another hearing what would that look like you can compose conditions on there that are we could do that tonight yeah that are relevant yeah okay thank you that's all I have vice mayor yes just one question she may have asked said for right now is that explain to us this the change that would happen on the 20% rule under the live lo you said it would affect that 20% no we just threw that metric in there because that's the only one we have last year that was a metric that was generated as a necessity out of developing trying to address how we would Implement excuse me the uh live local law so the live local law says that if your community um has a cumulative area of commercial industrially areas that are less than 20% M than a live local qualifying project um has to include a mixed use component and we fall in that category because the cumulative area that we identified last year when we were developing that ordinance is less than 20% of commercial industrial lands all right and if we approve this how do that affect other live local projects that may be in our it it won't it would it just there it would reduce that number further and any live local application that we received will have to include a mixed use component as part of that development there my two for M Nelson so if it was a hotel as opposed to a live local um Community would the same height restrictions apply where you'd have a greater set back um for a higher building depends on the zoning District so in this zoning in this this one a hotel is not permitted in this zoning District okay but commercial big box stores retail um offices you can have that in there and you can go up to you know it doesn't have a height limitation it just says that that particular project would now have to increase its setbacks accordingly continue to do that and the other question I had was there was uh an issue of there's an easement there why not put a road to 50 along that easement would do allow that the it is to 95 the applicant provided some information to us related to that I think they'd be able to be best to to provide testimony on that but yes we are aware of a of an easement going through the property to the north at this site plan stage we will ask is that feasible is that a possibility is that another access point okay okay member Cole yes I just want to make sure I understand if Liv local goes there it would have to be a mixture of Housing and Commercial is that true one of the uses that are listed as permitted or allowed basically in that underlying zoning District yes sir okay thank you okay anything else um by mayor one more and again I'll have more Brad can you um guess how many if we left it commercial and we wanted to stay commercial how many additional I know it's all depended on the destruction uh construction and what it is it would be possible to have more ESS onto 405 if it will be commercial rather than doing what we are what the applicant is asking asking for us to do is that correct in other words if we put a bunch of retail stores and warehouses and we could we could have more ones in on to 405 than we would have if we just put this uh this uh this uh this construction or this project in there right because we could kind of manipulate uh roads and streets all through the commerci maral area and still have exits on two fl5 versus it just only having two exits or egress uh on one on 50 and one at the light that goes between uh Home Depot and Walmart I believe you're referring to what the entitlement is on the property that as we see it there is a governing concept plan which when we look that it had several driveways but all that has to be vetted through the site plan process so when they provide to us a site plan if they'd go forward with the current zoning and the current concept plan we review that site plan to see if all of that can really work and so there may be uh some of those proposed access points might not be approved as a result okay so that that concept is just that it it to allow for basically as a proposal thank you all right staff you are complete yes yes okay we move on to the uh applicant I do believe and I would just ask that as the applicant speaks we do our very best not to put our emphasis is there where we feel like it thank you appreciate it we move forward because we have plenty of cards every they get their chance uh good evening ladies and gentlemen uh Cole Oliver on behalf of Bristol development um first going to take a moment to thank staff for their hard work they put a lot of time into this I know that they're probably tired of hearing from me and most likely some others as well so thank you for the hard work um I will have some questions and you know ask Brad and staff for some help as we clarify a couple points moving forward um then I'll take a couple minutes to lay out the history of this site how we as uh Developers and the city and window Farms how did we end up in this situation where we are today and um then after that I'm going to introduce the developers and let them explain their project their Apartments their development style to you all as we move to the Pud and then we have our engineer here who can answer any technical questions on the engineering side and maybe explain some of the height and line of sight uh concerns that'll be raised and then finally we have three experts that I'm going to ask you all to qualify one will be a expert on real estate evaluations one will be our land planner and the final will be our traffic engineer and those will all take separate votes from U all once they provide their qualifications to as to whether U all will deem them as experts sufficient to testify in those matters so um you know first and foremost a little bit of history on this site this site has been owned by the current developer for over 40 years or current owner um for over 40 years working with a city throughout its Inception and back in 19 95 this the land owner donated to the city a um easement for the placement of its sewer and reuse lines to Traverse the property to go underneath I95 and tie into the sewer plant there um that's in the official record book 3460 page 1112 I'll be submitting this into the record as we move forward it's one of the conditions of that easement is that quote in the event granter proposed future development of the property requires relocation of such lines grantee the city shall at its sole cost and expense relocate the lines to another portion of gr tourist property that does not interfere with a gr tourist proposed development that will become more important as we move into the benefits of this PUD application as opposed to the prior plan that was presented in 2008 and you know anything else that may come along in the future if this plan's not um presented I don't know how you guys want me to put it into evidence if just hand it to the clerk or thank you so what we're going to show you now is uh moving down the time frame from 1995 when the eement was put in place and then in 2008 a concept plan by a person who had both this Pro this property and the property to the north owned by Mr denell under contract presented to the city a concept plan for this commercial development as a condition of changing it from a combination of the existing tourist and conservation land use to the present day U Regional commercial and as you can see this concept um one it covers two different people's properties so at the time that developer had both pieces of contract or both pieces of property under contract and presented a plan to this city today those owners are not cooperating together no one has those uh whereby anyone could do this plan because in order for us to do this complete plan we'd have to have the other property land owners's permission and for him to develop his property he would have to have our permission so we're kind of stuck and with this concept plan from 2008 and that's a function of the city's ordinance that long and the short of it I'll you know let staff correct me if I'm wrong but if you present a concept plan at a reading it becomes a binding plan upon the property um as you'll see in this concept brand and uh concept plan and Brad is correct that it does show a number of access points the property one being a right in only off of State Road 50 an approximate location of the existing apron of the old truck stop that Mr D denell owned at that location in addition it shows four Cuts onto Windover Farms one of them being for the semi-tractor trailer trucks that would need to come in and out to service the proposed box um development and other facilities there um you know one other thing to note on this concept plan again your planner is correct it's a concept plan it would have to go through full sight plan and engineering and just off the top of it this concept plan there's no way to move the water from the north to the South where the retention and treatment ponds are without relocating those city sewer and reuse lines which again would be at the city's expense per the easement that's been recorded one of the benefits that you'll see with the PD that is being proposed that we're proposing leaving those lines in place so the city would never have to move them I mean you guys could if you chose to but you wouldn't have to by operation of the ement so again the world ran into a hiccup after 200829 known as a Great Recession the developer who was proposing this project dropped the contract and it hasn't moved forward with this binding site plan in place any to get done on this property has to come before this body for a rezoning hearing no matter what anything at all whether it's for our property or for Mr Dell's property it can't be developed that greatly decreases the marketability of a property or the desire for someone to want to come in and you know spend the whole evening listening to the concerns uh that what'll be raised and when I stated earlier that we all found ourselves in this position that's not really great and that's a function of one a 2008 plan that's being held up 16 years later may not be proper this day and age I personally don't feel it is but that's my opinion I don't get to vote on the matter but what we the other unfortunate situation is that we are dealing with two municipalities here municipality and a county so we've got Titusville who has a desire or at least their future land use plan shows this as high-intensity commercial and the future land use plan says we want this developed as future uh in the future as high intensity commercial development which is the future land use which is the most intense development allowed in the city directly south of this is the Windover Farms neighborhood which is a collection of single family homes and so we have this situation which is not optimal in the land use patterns and our experts will address this when you have that's such a hard transition where you're going from high-intensity commercial directly to single family and but you know that's not a function of anything that you've done or we've done that's just the way that property develops when you've got two different entities that are regulating it next to each other we feel that the Pud that we're bringing forward is a reduction from the high intensity zoning but it's not the single family neighborhood so our view it's meeting into the middle um and again um commissioner our councilwoman stokel you asked the question of how did we end up with the PD plan that's being presented as opposed to some of the other options probably high density residential being you the other option that would be on the table and and that is a function of the fact that we've met with the Windover Farms folks three separate times the first time was an unofficial meeting with the HOA president and a couple of the members and at that time the developer had a very different site plan to what was being proposed we met with the individuals listen to their concerns and the primary concerns raised there were the height of the buildings and the proximity to wind over way on that design the traffic concerns which you know we'll hear a lot about tonight um the concern of a bait and switch if this if you're going in for hide deny residential you might do something else and the concerns that hey we have our own private park back in our neighborhood we don't want you know the individuals living in this um this development going back to their park that is owned by their HOA and so in order to address that and the concerns on the density which as high density residential is 15 units per acre we're proposing 11.7 the Pud allows 12 we decided to come in with the Pud and you know one what the Pud does with the master plan is it locks in the site plan that is what it's going to be we can't we can't really move the buildings around we can't do anything different it locks in the density where it's going to be the developer I added in a lot of the amenities including their own dog parks and other recreational facilities to try to take away the concern as to the neighborhood being overwhelmed with the residence of of this uh development and so after a lot of time and expense the developer has presented the plan that they have now and that was reducing the density down and you know full you know disclosure that the R3 district has a height limitation of 35 we we don't dispute that um but this would allow us the 50 Foot which is consistent with the allowable height which as your planner has stated correctly there is no upper height limit in the C or tourist or other neighbor or commercial districts other than what you can fit within the setbacks allowed and so the developer has maximized moving the apartments as far off of wind overway as they can as close to 95 while maintaining the buffer of the existing um mature Landscaping along wind everway and the other property boundaries so that was a long way of saying that's how we got there um so you know with that what I would like to do is move into our presentation and introduce you all to the window reforms or excuse me to the Bristol development team and let them show you their Pro their experience in the development world with the apartments why they chose Titusville the project that they're wanting to do and um you know I may ask them a couple questions before we let them sit down and then we'll kind of try to move through as quickly as we can un unless you all have any questions at this time I see none of this do I do sorry it might quick just to follow up with your answer thank you for that so even though like the R3 would have had a reduction and you would have less height requirement you still could have put more units though that's my reading of it yes okay because I feel like there would not be as much open space requirement would be one thing um okay thank you I defered the Planner on the R3 zoning District I don't believe it has any set open space requirement and that's I thought we also as we'll get into later as to the how this PUD at PD zoning District benefits more than the existing zoning districts that the city has we'll talk some more on the open space and setbacks and that type of issue okay thank you thank you with that I would like to take the opportunity to introduce you all to uh David HRA and Glenn Bartos and uh the Bristol development team thank you good evening mayor diesel the council I'm David hro with Bristol development and it's great to be here uh Bristol is based in Franklin Tennessee although we have been active uh developers in Seven States including Florida where we are active actively developing right now in Jacksonville and up in Walton County at Santa Rosa Beach as well as pursuing other projects throughout Florida including Titusville we started uh looking at this site three years ago and U we we like Titusville we like what we saw uh Bristol uh builds communities to the highest quality uh we are very resident focused we uh like to build heavily amenitized communities like Cole said we have dog parks we have pools we have outdoor kitchens uh in our in our communities in our clubhouses uh we we provide Fitness facilities we provide gift wrapping stations uh we provide a lot of things that are unique uh and will be new to the Titusville uh Market uh we use professional uh on-site management uh if you live uh in a Bristol Community uh you will uh be well vetted before you get to move in you will uh have an employment verification an income verification a criminal background check we're going to know who our residents are before they move in you know anybody can buy a single family home if they have money and they'll never get vetted uh by The Neighborhood but if you live in a Bristol Community you will be well vetted um we we really like Titusville when we first came here uh we commissioned a market Study last year uh to make sure that our our gut instincts were correct uh and I want to just read a a couple of sections out of that market study um Titusville is poised to capture the next wave of Economic and demographic demographic growth with land and infrastructure available to accommodate the influx of new households rental housing is highly desirable as it provides a quality living environment to households that may not seek home ownership these include workers on a contractual assignment for three to five years young stem professionals not Desiring home ownership and mature residents electing the maintenance-free lifestyle offered through rental based on the economic and demographic analysis conducted there is Market support and long-term sustainability for a highquality rental property such as the proposed subject the addition of the subject will not create an oversupplied or overall soft housing market so when we saw that when we saw the information we we really felt like we should proceed with this uh with this community um you know we we like to do things that are unique uh as I said uh on in this community given the uh given the the new interest in electronic uh in electric vehicles we're going to be providing electric vehicle charging stations on site um we do energy efficient appliances uh we try to do things that make the resident experience uh as positive as possible possible I want to point out one thing in this site plan which you'll see we are 60% one bedrooms based on our market research we feel that was what we needed to do we're 60 we'll have ones twos and three bedroom apartments but we are 60% one bedrooms which means 180 of the units will will probably have one resident in them and I know a lot of the people who have been critiquing our project in wind over for Farms would have you believe we're going to have 600 or more cars in this community the reality of it is we typically have one person per bedroom or less so at most if we had one car per bedroom we'd only have about 408 cars uh in the community so uh I think I think that's important to note as as the traffic uh uh issues get brought up um I think uh let's just check my notes and see if there's anything else um you know the the final thing about our residents we have a very diverse uh resident profile we have young people we have retirees everything in between uh we have a lot of entrepreneurs that live in our communities you know throughout the southeast we're not a bunch of 8 to FS I.E it's not everybody leaving at 8:00 a.m. and coming home at 5:00 a.m. uh we have a lot of people that work from home we have a lot of people that travel uh it's a very diverse Bunch it's not you know 304 units worth of traffic at 8 and back at five so I think that's important to note as well um we appreciate uh being able to work with Brad and the staff and uh everybody has been uh has been very helpful and we look forward to continuing to work with you on this project thank you before you sit down could you address the expected capital investment of the project yeah absolutely uh we think that this project will be investing over $70 million uh into into this project into Titusville uh that will consist of uh construction loan from one of our uh one of our uh lenders that we work with a lot as well as uh Equity investment of probably 30 million or more dollars so it's going to be substantial and uh we estimate the property taxes that this community will generate will probably be between 750 and 850,000 in total so what what we have here on the screen is that this is the master site plan that has been submitted to staff for approval and AP I don't know if you guys have it on your computers and can see it or you have to look at look at it up here but that's the layout the green is kind of the larger open space and the blues also are part of our open space as well uh what you'll see in the next couple of slides is what these amenities entail um both in the Park area as well as the more passive walking trails that with around the you know the treatment retention areas with the associated fountains and other items that'll be in there um one other thing I want to point out I just remembered all of our uh buildings are elevator uh as I mentioned uh you know we our resident profile runs a gamut from young people to retirees uh having elevators in all of our building allow more people you know who might be Mobility challenged to live on the fourth floor if they want to they don't have to live on just the fourth floor most of the apartments in Titusville uh just have stairs they don't have they don't have elevators except for few but uh we think that having elevators in all of our buildings just makes it that more resident friendly so this is the uh the concept am minity areas um highlighted here what you'll see is there's the swimming pool the amenity fitness center a dog park uh the pickle ball courts a lot of the passive open lawn areas uh barbecue stuff so this is a little zoomed in here a little bit more of the main Park area showing you know what we're proposing to put in here and this is the architectural design of the the clubhouse area um the style Etc and then we're going to give you a couple quick pictures of this is you know the concept fitness centers that you heard talk about the pools um was kind of an aerial of what the pool should look like the covered seating areas and barbecue grills that are shown on the plan I'm not sure where I'm supposed to be pointing this thing to make it work more of the clubhouse amenities again we've talked about the barbecue areas the fire pits The Fountains um heavy landscaping the heavy landscaping that goes in there which will meet or exceed all of the codes that that the city has and then just because I like the doggy photo to show the U the dog park just a dog park a dog spot where you can wash your dog and uh he can run on the treadmill um here is the the renderings of what the apartment buildings themselves are proposed to look like this would be looking from you know one of the treatment retention areas towards the buildings with the native vegetation and the other low impact development uh criteria that we're going to try to accomp uh to provide with the project during site plan review here's the typical interior finishes of the units with the efficient appliances stainless steel stainless steel and this I don't know if this is a one-bedroom or not but the balcony view is over the um the site and so I would encourage you all to check out our website at Bristol development.com and if you're ever in Jacksonville or in Santa Rosa Beach or any other city and would like to visit one of our communities you're absolutely welcome to thank you thank you um next I have our engineer Reed Thomas uh pardon me Reed Thomas with kimley horn who will present a little bit here on the um again that's the master plan we've already gone through uh I think Reed you have some exhibits on the additional amenities workout stations Etc the PowerPoint you were going to pass out related to the ities along the walking trails ET hold on I got it apologies trying to get this into staff so they had time to make sure the presentation didn't have any of the nasty stuff we didn't have time to incorporate these I was trying to find it on my thing thank you yeah I should have been on the PowerPoint all along with him passing those out I will turn the microphone over to him to discuss some of the amenities around the walking trails and the other open space areas as well as to address some of the engineering on the uh line of sight and height concerns which will be uh bred up good evening good evening everyone my name is Reed Thomas professional engineer civil engineer for the project and in the existing site conditions today there are two existing storm water facilities to limit some of the disturbances that this development will cause we're going to utilize those existing Pond Footprints ultimately enhance them to make sure that our proposed development works you can see that right here and right here to kind of bring those into the community to make sure that the residents can actually utilize those areas as well we're incorporating some fountains as you can see here as well as walking trails that will circulate the entire facilities um along those facilities we're anticipating some workout facilities some park benches that will be heavily landscaped really to kind of bring them into the community not to where they're just offset to where residents ultimately can't utilize those areas so there'll be opportunities for residents to go you know look out over the Wetland area see the wildlife have lunch um then to get into the line of sight um throughout the process of this site there have been several iterations that we've worked through really what we wanted to do was to find a best site plan that kind of really Incorporated this site and push the buildings internal to get enough buffering and screening from the adjacent properties as well as to window way as you can see I think the minimal building is approximately 330 ft from wind over way ultimately that was just to satisfy some of the concerns about line of sight that the residents of Windover Farms have as they look into the site we're going to try to you know utilize as much existing vegetation as possible that includes a lot of the very mature trees located along window of a away that I would say approximately 30 40 50 ft tall It ultimately provides screening buffering to the internal buildings we've provided a kind of a line of sight diagram here that kind of di that so as you can see here this is the closest single family that is single family home that is located to our development right here window so you're going to need to talk in the microphone oh microphone my apologies um turn it more you can get it over there there you go so as you can see here this is the closest single family home that is located nearest to our development as well as the property line here the clubhouse which is offset approximately 75 ft from the property line and then the nearest multif family for story building that is located about 325 ft from our property line to kind of give you a a replic a replic replication of what is anticipated for line of sight you can see here with this red line here if there is a resident standing in this single family home with the existing vegetation as well as proposed trees that we will be incorporating to make sure that we're meeting All Landscape buffer requirements this red line kind of dis should approximately display the line of sight which is clearly over the 50-ft building in addition we also wanted to provide a a replic of what is anticipated for someone that lives on the fourth floor that can be seen with this blue line here and as you can see with the existing vegetation as well as any additional proposed plantings we can see they will clearly have line of sight that will not hinder this adjacent single family home okay thank you any questions for our civil engineer at this time on that I see any no sir okay thank you um well Richard just stepped out but as we discussed uh before now we're going to Tender three different expert Witnesses for um the council's approval that requires uh the qualifications of the experts to be presented to the council and the council will have to take a vote on whether they feel that that individual qualifies for an expert for uh the purposes of which they're being presented our first will be our real estate expert it's uh Mr Jason steel and I will let him present his qualifications and then upon the end of that if you guys have any questions for him on his qualifications and then I would ask for a vote to qualify him as thank you very much cole it's a pleasure to be here tonight um I have been a commercial real estate broker for over 50 years I've sold probably over $100 million do in commercial properties and and have been participating in real estate things all over the state I've been a senior real estate instructor for the Florida realtors for over 20 years I served as a Florida real estate commissioner under two Governors for eight years under Governor Martinez for four and under Governor Charles for four uh in 2004 Governor Jeff Bush appointed me to be the director of the division of real State for the entire State of Florida I haded up all of the lenses and the appraisers and I had staff of investigators and lawyers to uh get involved in all of the misgivings in Florida real estate I've been an expert witness since 1990 I've served uh I've never been disqualified by the federal court or the circuit court and I've testified numerous matters on on on real estate issues including land use and and standards of practice and a variety of things and I've never been disqualified as an expert witness there's much more but uh that was a short version you know with that I would ask we could get a motion to accept him as an expert in real estate matters say attorney yeah what what um Mr Oliver said is the the process yes you will you will um take the um experts credentials and vote on him being qualified as an expert or not all right member Nelson Mo to accept Mr steel as an expert in real estate land use and standards for Real Estate second correct thought so I lost my mic okay I have a motion from Member Nelson second I have a second for member Cole roll call vote mayor diesel yes vice mayor Robinson yes member stokel yes member Cole yes member Nelson yes um passes all right next one thank you very much for accepting me as an expert I had to kind of laugh a little bit when I first took this because it's extremely unusual for a um it's normally that you have a multifam piece of property that's being changed to Commercial and then it because commercial is so much more intense than multifamilies so when I was asked by by Co to do this I thought well this is going to be easy well it's not easy but I'll tell you how I came to my opinion because I think is very important I did a variety of different things um of course I reviewed the existing zonings in the area of course I drove the site drove all the traffic areas I interviewed the owner and and uh I listened to the Planning and Zoning meeting I read the staff report I listened to staff comments and uh read the mark study and the traffic study and the economic impact study in addition to that I wanted to address some of the things that I heard from you wonderful folks Miss stokel had asked about you know that she felt that the commercial area needed to be there and that that was something that was important to her uh the mayor said that it what was important to him was traffic uh Joe Len said she had a variety of different issues in regard to all of the things that that were going on and that she thought it would be important for us to uh testify today in regards to those things so I wanted to instead of me telling you um about let's talk about Miss stl's Point first the commercial property this is from a gentleman that I've worked with for over 20 years he's got 12 million square feet of space he has been involved in real estate commercial in 10 different states and I asked Mr Sterns his name is Bob Sterns he's from sooner investment I asked him to look at this site and he looked at the site and basically he said dear Jason I've looked at and analyzed the property on the Southeast corner of I95 and Highway 50 and find it unacceptable for an aade Shopping Center the issues are many specifically the two 24 in sewer lines that the city owns that runs through the property they would absolutely have to be removed at the city's expense in addition the access to the site is not good and the visibility is non-existent in addition to all those issues the traffic congestion will be a problem and if a shopping center is ever built it would create major bottlenecks and Ingress and egress congestion problems I do not believe any national tenant would look at this site and rent there in my opinion if a developer into the real estate the center would not have major retailers of any large size to to participate in this uh commercial property most likely what it would end up to be is a strip center or maybe a gas station with maybe one fast food site that is probably not not even realistic because the site really is not good for commercial use uh not something the city should use in Pre in in a prime housing area according to Mr Stern he said sincerely Bob Sterns now I can tell you that I drove Mr Sterns by that site and didn't tell him what my participation was in it at all he thought I was a real estate broker trying to sell him a site I let that go for a while and before I came T tonight I asked him to put in work I asked him what he thought of the property because I never really ask you before and I can tell you that that tells me that this property will sit for a long long time specifically if it's commercial now I want to talk to you about the economic benefits of this property and and what's important to talk about in regards to that first of all I went to the property appraiser looked at all that I looked at the looked at all of the things that needed to be looked at to come up with the details and I'm going to give you some approximate numbers in regards to the benefits well number one if this proper uh project goes through there will be no need for the city to re relocate the utility lines saving an estimate of about $3 to6 million the results in the approximate 70 m million Capital Improvement to the city the developers are going to put $70 million into the economy of this city now let's talk about the ADV valorum tax revenues before I do that I really want to just briefly say that one of the things that I did discover was there was a master plan on the site and as a result of that Master Plan uh no matter what happens we would have if this doesn't go through would have to go through this whole same process again which could mean years and of course all of these people will show up in every one of these things and they have the right to do that but what happens is is that you're sitting there with a piece of property that gives you $6 6,229 32 a year now you've heard Mr hro say that the approximate value of the ADV valorum taxes is $750,000 and that's not far off we can't exactly know what that's going to be until the the Project's done but what does a city get from that right now they're getting $6,200 if I'm not mistaken the city gets about $3 35% of that $750,000 that you're not getting right now and I can tell you with the economy and the growth that's going on you're going to need every penny you can get so if this property sits any longer it's just going to be a burden on the city for comparison of commercial properties in the neighborhood you get about $650,000 Home Depot 118,000 Target 142,000 Lowe's 140,000 Walmart 220,000 that equals about $650,000 if this project goes through I just told you that you'll be getting approximately $750,000 so the proposed master plan would do a variety of different things first of all this will not have a negative effect on the values of the Neighborhood Mr Mayor I would appreciate if you would uh we're going to respect I got you their odds and I would appreciate no comments from the audience I didn't hear comments I thank you very much now first of all any commercial property affects the ADV valorum taxes and the value of the properties in the surrounding areas and they do it for a variety of reasons one is the traffic the other one is the light the other one is the noise and that continues to go on but the biggest one is the traffic and if you think the traffic's bad now our traffic engineer will tell you what the traffic's going to be like once once the uh a shopping center would go into the site so if developed a commercial traff traffic and safety delays would be much worse so I want to just address a couple more things real quickly and and one is is that I actually sat on EGC and space Florida and rise Florida so I know what's coming and what's coming the study that the county the city is was in 2018 and their study said that you had enough property for residential property up until the year 2030 and I understand why they use that and that's fine but they're forgetting a couple of different things first of all it's 2024 second of all we had covid and third of all we didn't have the economic boom that we have right now so the multifam property and the single family property needs to be enhanced as fast as we can now I'm going to tell you right now I know from a variety of different things that we have thousands of jobs coming to Titusville we have more going on in Titusville than any other place in the county so you guys need to get ready and you know I I I like Brad and I think he's doing a great job and I'm not saying that anything he said tonight wasn't true but probably you need to cut that process down a little bit I mean it's detailed and things of that nature but you're going to need to get ready for a big boom here uh in addition I just wanted to let you know that I've spent a lot of time in this community I think it's a great Community I uh the the owner of the property developed window over farms and I can tell you one thing I know him personally and he would never ever do anything that would be environmentally harmful to that county that that development so with that I'd just like to tell you that in my opinion it's much better to go with the multif family property than the uh commercial use that exists today so anybody have any questions for me I see none thank you just uh before you sit down Jason just in summary would your expert opinion be that there would be no negative effect on the surrounding property values from this development no I think that the surrounding property may get a boost in value and is it your expert opinion that the proposed development would result in less traffic light and noise pollution than would be developed if it was developed as commercial oh absolutely and I think our traffic engineer will verify that and your expert opinion would you state that their proposed reduction in commercial space would not result in a shortage of adequate and appropriate commercial property within the city uh absolutely I think uh there's plenty of room for commercial to go in much better land that's visible for them to go to thank you so much I appreciate your time sir um you know next I would like to introduce our planner Jim mcnight and I'll let him give a brief uh emphasis on brief Jim um history of his background in the planning and City management world and ask you all again to qualify him as an expert in the planning I do understand brief okay um my name is Jim mcnight I've been in local government for 42 years um in bravard County uh I retired in 2022 as city manager of Coco Beach spent 30 years as city manager of Rockledge and prior to that I was director of development for the city of Coco and a senior planner uh um out of gradu graduate school for Bard County when we wrote basically the original comprehensive plan for Bard County um and I am a charter member of the American planner Planning Association master I have a Masters in City Planning from the University of Southern Mississippi and somehow I got wered into City management I don't know how that happened with that testimony i' left the tender Mr mcnight as an expert in the planning world I'd make that motion second all those in favor say yes yes opposed expert thank you I'll really try not to be redundant but there are some points I want to hit on I've had multiple projects in Bard County over the last two years particularly over the last 18 months that have been the same type of scenario where commercial is being converted to multifam and I appreciated the comments from uh councilman stokel about it's a land use decision because it is a land use decision and in each of those cases the setbacks from the single family to the multif family were substantially less than what's being proposed for this project this project is way over the standard that you would normally look at so in looking through and and what I really did with was I took the staff report went through it looked at the highlights of it uh drilled down on some of it but basically looked at it from a compatibility standpoint and as stated by City staff The Proposal is compatible with the surrounding area and it also emphasize other things that go with land use the project uh will require no infusion of public funds uh for Capital Improvements policy 1. 7.8 from the future land use element states that a development must be readily accessible to infrastructure services and public facilities to be designated as an infill development this is an infill development uh further it meets the policy uh 1.99 whereby the city council should consider the capacity of various levels of service for infrastructure and services uh which staff is considered and found suff IED for the requested development now the question has come up about loss of commercial and and that question comes up in other communities it's it's not unique to City of Titusville uh the standard of 20% is much higher than I see anywhere else I will say that I did a quick search on the APA and the Urban Land Institute they basically said each Community figures their own but everything they showed was usually 10% or less uh but you know I can't tell you that that's the standard that's just what the norm seems to be when you look at Community to community but every area kind of has to decide what that's going to be for your community um staff referenced the appropriate and adequate which unfortunately is a subjective criteria um you know I've seen other projects that I worked on uh where it has made sense to do the conversion particularly when it is talking about a transition of land uses and I think one two other factors that really came to light when we were working on another project was the rise of e-commerce the Amazon effect call it what you want I mean I know at my household I don't order it but I get a lot of packages that are delivered to our front door and you know it's made a big difference that the Amazon effect has and we also have to be realistic Co changed the workforce it changed the need for commercial property it changed the need for uh brick and mortar not that there isn't still a need not that there aren't going to be growth of businesses but it's different now a lot of people work from home my household has one person who works from home and it it is not unusual to see a community like is being proposed here to have a significant number of individuals who would actually live and work from home thereby creating less traffic uh during those peak hours I think the character of the area um the appropriate high intensity commercial land use uh designation that exists today when considering the land use change you have to compare it to what is there today okay and what I mean by that not the vacant land what can happen there today that's your comparison stat not not the vacant land so let's make sure we understand that um and what is currently permitted what is currently entitled with the binding sight plan that exists there in the summary of sta Finance it was noted that the subject property's requested land use Amendment and Associated resoning would create a land use Arrangement that will result in a land pattern that is compatible with the surrounding a area excuse me currently the character of the area is predominantly high-intensity commercial with some limited single family residential prop properties directly bordering the subject site without an appropriate land use transition between these uses for example within a half a mile you have numerous large box retailers multiple strip retail developments six gas stations and convenience stores more than 15 restaurants 10 hotels either already built or in various stages of construction and permitting and two car wash facilities these high-intensity commercial areas located to the north and west rest of the property and residential areas create a need for an appropriate land use buffer between these higher intensity commercial uses and the residential areas located to the South which consist of a parcel of medium density residential zoned land and single family residential the current high-intensity commercial land use designation on the subject property is an intrusion too far to the South approximately a th000 ft deeper into residentially Zone properties and other high-intensity commercial properties in the local area I concur with the staff's assessment that the development appears to be the optimum land use pattern and is compatible with the surrounding area the multif family is an appropriate use to BU buffer the commercial and the single family and the parcel that is own residential manufactured housing to the southeast additionally a master plan places is multi-residential buildings to the west of the property creating more than 500 ft of distance from existing single family home areas and providing distance between the multistory buildings and existing single family homes the concept discussed earlier of clustering these units is also consistent with the comprehensive plan including the follow following policies 1.2.1 shall encourage multi-story construction to optimize the development of land plan policy 1.5.1 shall reduce greenhouse gas emissions by promoting compact development policy 1.7.4 shall discourage sprawl by promoting compact development and improved blighted areas policy 1.7.5 shall encourage the establishment of residential uses within one qu mile of neighborhood centers as an effective way to reduce vehicle trips and promote Transit walk and bicycling policy 1.9.7 encourage flexibility in design by permitting clustering and finally Point 1.1 9.11 encourage development of vacant and or used urbanized areas to minimize urban sprawl Transportation element 1.1.8 support transportation system management that will re reduce travel demand reduce noise and discourage urban sprawl that's right out of your own policies we refer to this zoning as step down when you talk about compatibility you're stepping down in intensity from commercial down to single family noted in the in the report as spending a lot of years as a city manager I got three complaints that came in more than anything else the first one was my trash didn't get picked up the second one was speeding everywhere the the third one was when you had single family backing up to commercial shopping centers constant complaints trash noise light um graffiti all all the things that you would normally think of so that's a real life thing that I lived and I can say that it is a problem when you have commercial that butts right up to single family infill development and urban sprawl uh can you get to slide two Co there we go the Bristol project which has to uh address LDC section 3423 specifically addresses the LDC requirements as follows provides a transition between the high-intensity commercial and the medium density residential using clustered housing with on-site amenities with high occupancy rates in Bard County a growing job market and economic challenges increased housing op options and opportunities are needed infrastructure services are available within the urban service area without the need for the city to add additional utilities it requires no additional expenditure of public funds meets infi definition within the geographical boundaries and services in place PR provides a balance of land uses while protecting conservation lands via easements and provides fiscal impact to the city with new residents to support business increase avalorian taxx Revenue to support the city budget and requires no public Capital outlay either to bring utilities to the subject prop property or to relocate the existing sewer and water reuse lines that could be subject to relocation at the city's expense under any other development options other than PUD I briefly hit on storm water the thing with storm water because I heard flooding concerns and I'm familiar with those um no matter what develops there you've got to address storm water and you've got to address it on on site if it's commercial you may have a sea of concrete I think by having more open space uh this project does I'll hit on that in just a second it it gives you better opportunity to really handle as much storm water on site as possible finally uh well actually have two more things the health safety and Welfare you go ahead and yeah you're you're ahead at me um there are in the staff report they were talking about how is that really me and there are number of things that you could go into but I'm just going to hit on six of the top ones reduces the maximum building coverage from the allowed 30% in Regional commercial or 50% multif family High residential R3 to a proposed 15% maximum coverage in the plan development reduces the maximum lot coverage from unlimited coverage to 40% allowable in the plan development reduces the intensity density by limiting development to a proposed osed 11.7 units per acre which is honestly medium density it's not high density um instead of the 15 units per Acer that you could have an R3 the proposed master plan locates the building structures further back from the property lines than would otherwise be required in other zoning districts provides the master plan it provides enhanced Landscaping it provides greater than the 35% open space as defined by City Co code that otherwise is not required in districts such as R3 or RC this is a self-contained Community this provides conservation opportunity uh through an easement process it creates a transitory buffer between single family and Commercial promoting review criteria 33-8 3E which states that commercial and Industrial land uses shall be adequately buffered from adjacent uh residential uses it uh meets housing demands as indicated in your housing element by offering one two and three bedrooms it's less impact when compared to high-intensity commercial uses with regard to traffic noise excessive light and trash is consistent with the character of the area the and and what happened obviously was removal or full access cut onto State Road 50 from Windover and fdot regulations is change that area I'm not going to speak to that that's a traffic issue but tremendous development in the area including numerous multistory buildings U and removing existing blight okay an undeveloped piece of property that's had things thrown on it I guess would be the with a binding uh concept plan that really can't be I would say reasonably developed it doesn't uh look like it' be able to handle storm water or anything like that but that's enough for other time finally as noted in the staff report and to which I concur the multif family development is not expected to generate any detriment to the public safety and Welfare of the area nor will it the development generate or create traffic along streets and residential areas or clusters outside the PD area finally my final comments are the planned unit development go to that one objective 1.19 of the future land use element encourages multiple objectives for developments using the Pud concept notably objective 1.19 the plan unit development states that shall establish plann unit development concept for residential commercial and Industrial land uses and consider other mixed use land development techniques notably nothing in this subjective requires mixed use simply suggesting the city should consider or encourage such developments with such mixed use developments being more appropriate in larger p UDS that are more suitable to mixing such com Concepts or in the city's Mi existing mixed use Districts The Following represents consistency with those policies housing options with one two and three bedroom apartments providing a combination of housing Styles policy 1.9.6 development is self-contained provides amenities exceeds open space requirement and provides conservation of lands policy 1.1 9.2.3 point4 and8 buffering is established that includes the nearest sight line from a single family home at 530 ft across wind overway with enhanced Landscaping policy 1.1 9.7 and8 no impacts on what is referred to as carrying or holding capacity policy 1.9.9 vacant land within a urban service area that should be encouraged for development and minimizes urban sprawl 1 9.11 and includes the master development plan as required in policy 1.9.12 this is a good land use this is an appropriate land use uh from a land use planning standpoint it is a transition it is down zoning and it is compatible with the area I'll be glad to answer any questions I see no questions thank you Mr mcnight policy 1.95 we didn't address in your expert report and is it accurate to State that's because this is not a commercial and office development which is addressed in that element that is correct it it discusses encouraging approaches to that in commercial and office development and this is not a commercial and office development no okay great and then policy 1.1 9.10 is uh related to encouraging mixed use zoning districts and um specifically it limits those in those unique mixed use areas designated on the future land use Mount so is it accurate to state that you didn't address policy 1.1 9.10 because this property is not in a mixed use area as designated on the future land use that is correct it doesn't meet the criteria okay thank you sorry I didn't mean to jump in if y'all had any questions I didn't see any questions no sir apologies for the um the length of the uh presentation here but we do have to create the record uh with our court reporter here no worries um our final uh witness of the night will be uh our traffic consultant Josh black with LTG um he can provide his um his qualifications and I would again ask for a final vote to qualify him as an expert WI and then we'll move into his testimony good evening Josh Black ler Transportation group um my career's uh been 19 years now uh the first eight were for Bard County Public Works engineering uh followed by four years working for uh Florida Department of Transportation and finally uh seven years with ler Transportation group um I've been doing traffic studies working in both Municipal and uh you know developer driven projects and been doing this for long time all right move to qualify him as an expert second in can I ask in an expert in what traffic engineering traffic engineering I have a motion for qualifying of the expert and I have a second all in favor say yes yes opposed expert all right let's see here all right so the number of slides that you guys are getting ready to see are kind of a response to what we've seen from planning and zoning and the uh um last council meeting there's a lot of citiz and concerns about traffic and of course we always know that's a big topic and so to start out with uh we wanted to discuss what can currently be built you guys have heard from our experts before you know what we could do Under the existing future land use and zoning and so as you see on the screen currently we could generate roughly 41,000 daily trips now that's a maximum case scenario but it's important to note that our project is only producing 1,400 so that's you know roughly a 40,000 trip decrease um our proposed zoning same sort of scenario about a 40,000 uh trip decrease and once again that's a planning perspective correct and before you go on from the rezoning count that's the what would be allowed in the regional commercial zoning District but you've also did your study based on the concept plan correct the traffic numbers were in there and you know honestly I didn't update that slide timely but I never mind it's on the bottom yeah we got it no worries all right so basically then we looked at what was approved so 2008 we ran the trip generation and you know we're noting a 7,000 vehicle decrease um from that analysis so with that being said for this particular zoning would be definitely be a downgrading from the perspective of traffic right and so the other thing that kind of resonated in the comments that we got you know from the residents from the pnz meetings and and the uh Council was safety which of course I understand would be a big concern for your guys as well so actually that was the third slide um so anyway so one of the things that was expressed is they felt that our traffic analysis didn't uh adequately represent the distribution of traffic and so when we did our analysis we looked at worst case scenario and that is all the vehicles would be going to uh wind overway at stoad 50 so if an intersection is going to break it's going to happen with all the trips now after we got the feedback we decided to look into well what would happen if more trips decided to go down wind over way to wind over Trail and we discovered that the travel times almost twice so you know vehicle Behavior people Behavior typically indicates that that you're going to take the least you know the fastest route to get where you want to go and so as you can see here you know it takes twice as long to get there so it's not likely but just for you know entertaining it we actually assigned all the trips to wind over Trail and still function at level service a and then a third concern that we had was uh safety at wind overway at window over Trail and there's been one crash in The Last 5 Years all right so then we're at State Road 50 window overway we've had 59 collisions um a lot of those were for the gas station and it's important to note that we noticed the decrease in crashes after they did the directional immediate opening let's see here and at 405 and 50 uh 41 crashes really couldn't find any patterns that this development would increase um you know it's a busy road and you know development is going to happen but we could say that commercial would result in more trips going through more potential and then there's a direct axis for State Road 50 this Falls within the influence area of The Interchange ramp it's going to be a no-go from from fdot from a safety perspective and there's just no way they're going to let us do that and has being a form epid the employee we would not permit that as is um Co do you have any other questions yeah a couple questions on the fdot has there been a change in the access management standards from 2008 to date regarding specifically the existing um access curtain into the on the easan area 2013 they changed the access management guidelines and it's since been uh revamped as of 2023 and it will not meet uh spacing criteria from the ramp and then um you've looked at the Space Coast TPO numbers for the area correct yes and is it accurate to state that for State Road 50 the traffic numbers from 2018 to date have decreased and decreased significantly on that stretch of Rue that is correct um and that's even with leaving out uh 2020 due to covid we're noticing that there is a decrease in traffic and our traffic analysis per the city guidelines actually chose a blanket 2% Whenever there was a negative growth rate so our analysis was even more conservative and do the numbers 208 numbers are about 34830 average trips per day that's correct decreased to about 29480 in 23 yes that's correct would that's about 5,350 less daily trips that's correct 2018 about 15% decrease in traffic yes uh same question regarding the stretch along 405 in State Road 50 and uh the numberers 2018 about 20330 according to the Space codes TPO yes and 223 is 18520 correct yeah roughly a what 9% difference you're better at math than I am I was going to say 10 but nine is correct um okay and one more question I would have for you is in your opinion do would this development have direct access on the state road v50 via a commercial local Road well we looked into this uh as we were going through our analysis and the definition of local Road you know per dot uh wouldn't be met but per um City you know technical memorandum it would be considered a local Road however there are no uh residential poal driveway Cuts in the section that we're would be connecting to so I would consider that to be a commercial uh local Road as opposed to a residential and does this stretch of wind over way and wind over Trail function as a collector Road and why well so we looked into this as well because typically with fdot you would consider a collector road to connect two arterials and so in this case window over way would connect you know uh State Road 405 and State Road 50 it would collect the traffic and distrib distribute them out to the arterial Network um so so yes even though city of Titusville code would consider it a local Road it functions more as a collector correct me but did you go over the travel times and how you came up with those uh we could go back to that slide but basically we were trying to figure out how to how to explain to to council and the residents of Windover how we what the reason why we distributed everything out through State Road 50 as opposed to winding around and so we you know decided to to illustrate it we took a a vehicle trip we timed it each route five times and averaged it and that's how we arrived at the travel times and so due to human behavior it's pretty easy to say that people are going to take the the fastest route to get to where they want to go and so I I feel like very few trips would decide to go all the way around come out at 405 at wind over Trail now with that being said we did an analysis to distribute 28.7% which is what we came up with based off of our analysis and even with that we're still operating at an acceptable level of traffic and I believe you said a level of service of a correct it it is and a level service a is basically means no delays you know OB obviously you're going to have delays at intersections but you know as traveling down you're not going to have a delay so to speak and is a level of service a highest standard in FD SCH that's correct even with the project trips all these roadway segments will operate better than most within the city and the county questions uh member stokel yes um you may not be able to answer this but I thought I might ask it since you're up there so this is in regards to the piece of property that not owned by the applicant it's the other piece on the North End piece um with your experience with fdot do you think that that could actually be developed as a commercial piece and if so would they could they enter off of 50 or what would that even look like well if I had to guess I would say that there' be two different scenarios the first scenario which would be the easiest path to develop that property would to be to convert um an existing driveway perhaps the gas station to allow access to that development as well um in the event that they did want to seek direct access while it would be difficult and very expensive it may be possible um if they were to reconfigure the ramps but once again that's one of those things that is very unlikely yeah that's what I was thinking too okay thank you any other questions I see none one final comment Josh uh does the existence of a current driveway guarantee the continued existence when the property has been abandoned for a I love that question so there's there's a a common misconception about driveway access especially along dot corridors and so per rule 1497 uh Florida Administrative Code there's something called a there's no grandfathering right there's no such thing as that in the code for fdot and so what it is is if there's an existing use and it goes vacant so let's say you have a gas station that shuts down they have one year to to open that gas station back up or they lose any previous access and they'll have to start over so for instance you have a vacant piece of property with a driveway apron it hasn't been developed and so it would be considered a change in use and they're going to have to go through the whole process and be subject to the current access management standards okay thank you U thank you you know we don't have any further testimony to put on tonight I can answer any questions now that you all might have before we move into public comment I would like to reserve some time for rebuttal for whatever comes up and we will be taking the opportunity to cross-examine Witnesses uh as a approach and just a reminder to all that everyone is under oath and it's a sworn testimony as it comes forward thank you thank you very much um before we move into the cards I mean we're getting close to that right um let's take a five minute break and all you guys I know you're going to get talk to everybody but we got to cral you back quickly so here we go uh 920 we we'll come back e e e e e e e e e e e e e e e e e e e e e all right that was to get us back we're going we will now say meeting back in session city manager guide me where we're at we're doing cars right now yes sir all right clerk we will uh call the many many cards um Karen kulos and see how far we get oh there you go start up Karen kulis 6638 wind overway we and Windover Farms have reviewed the agenda package planning department staff report July 17th Tech Memo from Bristol and related public records for Bristol proposed resoning SSA 3-2020 and comp plan Amendment CPA 22024 on behalf of the Windover Farms community Sandra Clinger has submitted for the record our 30 plus page objections to the development with exhibits in an email to each of you yesterday and you also have been provided a hard copy in front of you our specific objections are focused on the proposed land use and Zoning revisions and the master plan that are not in compliance with the city of Titusville comprehensive planned and land development regulations and the negative impacts on our community multiple violations to the city of Titusville comprehensive plan policies and Land Development regulations are identified speakers will discuss each with supporting exhibits that you have a hard copy of and have also been provided in your email from Sandra Clinger our objections are backed up with exhibits the window Farms Community will be the most directly affected by the this proposed development Windover Farms contains over 600 residences in a large Lot 1 acre minimum rural residential Community located adjacent to the proposed development on the south and east sides the average lot size in Windover Farms is one home on 1.5 Acres all lots are at least one acre or more this proposed four-story six building high density residential development with 50ft tall buildings is not compatible with our Windover Farms community and is not a viable transition to our community both direct access and secondary access to the development are proposed to be onto Windover Way a local Road access onto wind overway is not an acceptable ENT and er egress point for over 300 Hi trffic impact generating dwelling units especially when the developer has a 66 foot wide legal easement already available for Ingress and egress directly to Highway 50 their traffic analysis States the development will generate over 1,400 daily trips please vote to deny SSA 3-2020 and deny CPA 22024 we'll be happy to answer any questions after the speaker's evidence and comments are concluded thank you yes sir I was going to cross examine the witness so guide me a party does have a right to cross-examine Witnesses a party has that right so any anybody who speaks he can cross-examine yes sir okay come on up I I guess she comes up right so come up here and he will be very polite in his questioning yes ma'am U you stated there's 600 residences and window Farms a microphone y I'll try it from here um does that work a little better better okay thank you yes ma'am uh you stated there's about 600 residences in the wind over Farms neighborhood correct yes correct over 600 residents and how many of those are within a half a mile of this project I'm sorry I can't hear you and approximately how many of those homes are within half a mile of this project within half a mile I don't I'm not sure 50 sound correct your point no comment thank you good and Sir mayor can I just say I have a hard time hearing we're hearing aids and I had a hard time hearing everybody speaking so I would prefer not to comment and let let them ask you did fine you did fine you answered just fine thank you no further questions thank you next up Susan Lang okay now we've seen how that works Susan it's l a n g i n yes hi I'm Su Langan 7990 wind overway yeah move microphone up as people come and go try to move that better perfect perfect okay I am also on the board of the homeowners association I am here tonight to represent not only the other board members but also the HOA Windover Farms has 630 single family homes and 403 of those are members of the Windover Farms Community Association all homes on this end of the Windover farms are in the HOA that Ingress and egress Windover Way and Windover Trail on a daily basis at the July 9th meeting you received a letter from the president of the HOA Tom Nill that represents over 400 homes in Windover Farms the letter was also read into the record at that same meeting so I will not read that tonight since that has already been read and it is in and has been submitted for the record it is our position that Regional commercial with Wetlands placed in O zoning and conservation is the correct and acceptable zoning and future development for this property must access Only onto Highway 50 the majority of commercial businesses within the city of Titusville are on story high very few are even two stories high all must access onto a collector or arterial Road one or two story tall buildings can be shielded from view with vegetation trees and appropriate setbacks traffic for commercial businesses more than likely will only be between the hours of 8:00 a.m. and 10: or 11:00 p.m. and exit under Highway 50 with nighttime hours producing very little traffic and noise Windover Farm receives our water from Titusville the water pressure is bad and at times the water quality is bad we have to deal with regular chlorine dosing and drastically decreased water pressure very often I can't tell you how many times I receive an email from our members saying what has happened my toilet tank won't even fill I have no water pressure at all and we have no notification when these flushings will occur so we can't plan on having a lower water day now you're going to put 300 more people into this problem which is already a huge problem for us and we're going to have to conclude we're going to conclude it 3 minutes for everybody because we got 44 of y'all coming up okay thank you very much appreciate it mayor one question please go ahead I'm sorry I got forget that part go ahead um did I hear you state that you thought the regional commercial zoning that is currently there is an appropriate Zoning for this area I think you heard me correctly okay and you do understand that Regional commercial zoning would generate significantly more traffic than the proposed project correct according to you and I do say that we weren't allowed to cross-examine his people this why he the rules he's the lawyer all right thank [Applause] you is that my second speaker mayor if I could just take one second and ask Mr Oliver one of the witnesses passed out a package I wanted to see if you had received a copy I haven't received a copy but um if it's the same that has been submitted to the council previously um yes sir thank you is that all City attorney yes sir all right city clerk call the card Sandra Clinger good evening Sandra Clinger 2680 Bobcat um brought a lot of exhibits uh first of all I want to address one uh statement made about this is a land use decision and if you look at article two future land use M future land use Matrix 2721 there is only one zoning category for a PUD land use and that is PD so if a property cannot meet the PD criteria for zoning there will be nothing that could go in that PUD access has been our primary complaint from the beginning from the very first meeting our concern has been about direct access onto Winder way Winder way based on the city's code this is not about maintaining the quality of life for Winder residents we are asking you to uphold your policy that you adopted that's what we're asking you to do standards for PD development in the city of Titusville States it shall be so located with respect to arterial streets and collector streets and other Transportation facilities to provide direct access to such PD without creating or generating traffic on local streets and in residential areas the city purposely adopted policies requiring access for high density medium density residential and Commercial to connect to arterial and collector roads it is throughout your policy whenever way to be described as a collector road is lud if their example showing that no one is possibly ever going to drive around wind over Trail to get to an arbitrarily selected Spot close to their driveway they are also suggesting people are driving through the six miles of wind overway to get from 405 to 50 that's absolutely ridiculous the applicant has an existing 60ft 66 foot wide easement providing direct access to 50 which is an arterial roadway the technical memorandum supplied July 17th still fails to include relevant and required traffic analysis of Bristol development's impacts on adjacent residential areas it is not just a level of service question you have criteria in your policy that says you are to address these other impacts to residential areas it did identify a problem with the existing yield from Northbound I 95 in addition to the level of service on state rate 50 around I95 already being exceeded Ed these issues need to be resolved for example a right turn arrow could be placed at that yield just as exist at Garden Street they stated in their opinion dop will not allow Bristol to use the existing access onto State Road 50 due to fdot's recently adopted access management standards in 14973 the applicant has had two years to obtain let's go ahead and stick to the three minutes uh hold on don't even move because it looks like he's going do this all the time you're if if someone wants to yield time to her from other speaker cards I don't have any problem with that no we're not we're not yielding time we bre that there three minutes if you don't want your three minutes you don't have to use it go right yes ma'am Miss Clinger yes sir you do state that the 33-5 A2 Planning Development standards required direct access to such tpd without creating or generating traffic along local streets and residential areas is that a correct reading of the ordinance I'm reading 35-5 A2 yes and that says local streets and residential areas correct yes and you've looked at the zoning Maps is that correct the zoning Maps yes the city of Titusville yes and between the driveways of this proposed project and State Road 50 is it correct cor to state that all properties between those two dis points are commercially zoned properties say it again all properties that bound the Windover Way between this Project's driveway and State Road 50 are bounded by commercially zoned properties right across the street I would have to look to see directly across the street is a residential home site that's window Farms explain to me what you're saying the driveway property here this city property directly across the street from the driveway I see you're excluding Bard County property I said between the proposed driveway and State Road 50 and there's Bard County property across the street this property is city of Titusville and his own tourist would you agree with that statement there's a house in there here my question is is this property Z tourist yes it is is this property Zone tourist it is this property Z is this property Z Regal commercial uh that may be neighborhood commercial Community commercial it's Community commercial commercial it's Community commercial so was an accurate State between the driveway Point here right and State Road 50 we would not Traverse any single family residences or Comm or residential zones man that is zoned tourist okay sir so you are saying there will be zero cars turning right out of your driveway zero that's not what I asked I asked between here and here does that provide direct access without going through a res is your driveway full access is your driveway full access that's the proposal so that turns right and left not just left I understand but would you please answer the question of sure can you travel directly from this driveway to State Road 50 without access res follow the unrealistic traffic impact study produced by the developer in traffic only turns right yes all the cars only turning right out of the development would only pass commercial development I'm sorry turn left would only pass commercial development so it's correct to state that you can get to State Road 50 via direct access without traversing a local residential street in one example yes thank you no further questions wow all right go ahead and call the next card um Diane It's f r o g g e what was it again Diane f r o g g e I don't want to try to di there we go I was just gonna hope Diane would get it I'll see Diane frogue 5825 went overway thank you and one of the things I just wanted to say is if someone turns right out of there I guess he said it would take twice as long but he's assuming they go to the 25 M hour speed limit okay and if they go 40 or 50 it's going to take them the same amount of time and we have to deal with all the speeding so okay anyway um but anyway you're not here to assess what might happen in the future on this property or the property surrounding it you're here to address what has been applied for in this EP ation and let's entertain that discussion for a bit there are other development options that are much lower density that would be much more acceptable to our community and there are are all kind of Whata ifs that have been discussed and we have looked at most if not all scenarios and one of those is to stay zoned as it is RC with commercial and O and this is the one most favored by wover of course uh 5.5 acres in conservation would be uh and would require development to access on Highway 50 and the commercial height would be at most two stories and a buffer would be required and then probably it would be limited hours you know no evening hours type thing if it was commercial uh or limited even evening hours um another option is a multifam medium dens it which would be about 10 acres 10 10 units per acre and O zoning Max twostory height and less than 200 units um it would require still the 5 and a half acre Wetlands placed in O and would require development to access on Highway 50 and a buffer would be required and then there's the live local act um which the law just changed in June last month so it would require um a bus stop within a quarter mile Ada access to the bus stop which would be like sidewalks or walking paths to uh get to those the it would uh have limited height the lla requires uh the height only to be 150% of the adjacent height of single families uh which would probably around be around two stories um it would still require the 5 and 1 half acre Wetlands place in O and would require development um to access on Highway 50 and a buffer would be required and I'm going to run out of time so I'm just going to skip to the end and just say please vote to deny the ssa-3 d222 and deny cpa-2 d224 and and thank you so much for that um no questions and that that helps a little bit thank you very much uh and I appreciate you guys uh cooperation by staying on three minutes I normally like to say you're finishing up that sentence or whatever but we really need to stick to three minutes today and I'd rather not but that's what we got to do and I thank you thank you yes ma'am go ahead Alan frog thank you sir Pamela malsbury my name is Pamela mesbury I live on W way if you look in your package see it zip at A2 the proposed plan development land use site plan shows that there will be six apartment buildings that are four stories high a 50 ft maximum there is no precedent for a four-story building east of I95 until you come to Indian River front property miles away this is not compatible with the surrounding area or the local vegetation does not provide any screen barrier from buildings of this potential height of 50 ft one full story taller than trees can possibly Shield The Proposal is incompatible with our single family rural residential development on the east side of I95 adjacent to the property are large lot roll residents home per September 16th 2021 Atlantic environmental assessment on Bristol property see your agenda package this development does not meet Titusville Land Development regulations ldr Section 33-8 that states quote commercial and Industrial uses within the development shall be adequately buffered from any adjacent residential use section 33-8 also States quote the proposed development shall not negatively impact the quality of life for any adjacent re residential uses negative impact can include decrease in property values and substantial increase in noise or traffic if this development is built there will be increased road noise any surface Google search on traffic noise and property value show there is an inverse relationship decimals increase value decreases noise increases value decreases we bought our home on a local road which has limited traffic and related noise traffic is not an issue for us currently what is now a quiet rural area with only neighborhood traffic will be bombarded with through traffic with no change chance of vegetation barrier blocking the six 50ft tall four story high buildings we urge you to deny SSA 3-2020 as this large and UNC concurrent development will currently impact the amount of noise and light pollution affecting window over Farms thank you so much one quick question mayor I'm sorry I'm sorry I'm not used to having stay up here wait that's for her right yes sir yeah you get to get a question sorry I'm sorry I'll he I'm not remembering it either so hang in there I'm in the club too of harder hearing so apologies um one question would be is you made the statement that no properties are this height east of I95 until you get to the river more after that and why would you not consider the properties go ahead when he let him ask a question please why would you not consider the properties west of I95 that are greater than four there are four stories are greater as being part of the area if you go west is that what you're talking about yes ma'am there are properties Within Fe of this on the west side of it that are make sure to use the microphone oh I'm sorry I live on the east side of I95 and have no comment on the West Side Y there thank you thank you good answer so good answer member Nelson I think this is probably a brad question um W Trail is a local Road also right or maybe it's a KP question window overa Trail is uh County local Road it's a local Road what's it classified is it classified local Road County local it's a local road yeah local yep and I'm looking at the map and I'm like um Home Depot Target uh Burger King um Wendy's they all go out to wind over Trail it looks like so okay we'll get those answers later but yeah get that shouting thing call card please Charlotte Charlotte brel I actually know she was next my name is Charlotte Brunell and I live at 7310 W overway and I'm reading this for the homeowners association um Brad Parish sent Bristol an email on July 22nd 2022 that notified them that the access for this development would need to be located on an arterial or collector Road way yet the developer submitted plan ignor the observation and it's proposing access onto when way a local Road that's what you were just asking why do why do you think the city staff report failed to tell you that the PD zoning is not allowed to have access onto a local Road look at Titusville ldr section 33-2 we have provided it to you with our exhibit A2 many of our speakers will discuss the inadequacy of the developers traffic study along with in potentionally left out Road segments that study refused to evaluate a plan development a multif family high density development a multi family medium density development a commercial development and a regional commercial development all must access onto an arterial Road or collector Road in none of these cases is access onto a local Road acceptable within the city of TI policy except on rockpit road the staff policy the staff report policy review heavily refers to the traffic study in no less than 25 locations the policy review requires a review of the traffic study for multiple reasons there is no doubt the generated traffic is a significant issue for the city and local residents alike not just car traffic but bicycle foot and bus access as well why do you think the developers consultant did not even mention this in his late breaking write up that the PD zoning is not allowed to have access onto a local Road it is no surprise that the developer with profits in play would provide an expert witness to provide an OP opinion that supports their application but even a professional opinion does not outweigh facts the opinion piece completely omitted the discussion of many varied and much less intensive permitted uses under commercial high-intensity land use and Regional commercial zoning those permitted uses including things like florist hair salon car rental or as in worst case scenario was the only developmental potential under commercial high intensity and Regional commercial zoning these uses would be much less in intensive and impactful on adjacent and residential homes in terms of traffic and trips generated height and ability to use vegetation to screen out developmental hours of activity and access required to be on collector Oro roadway permitted uses under the RC zoning include things like art studios hair salons coffee centers bicycle shops boat sales car rentals a bakery Deli or a bank professional offices and grocery stores under the RC zoning most of the permitted principle uses are lower intensity would generate far fewer daily trips what result in incompatible height and visual blight would be more compatible with the adjacent residential area and would not further erode the percentage of land uh dedicated for commercial use in the city of Titusville no it's no surprise that the developers pay consultant finish that sentence go ahead and finish that sentence ignored the many lower impact permitted uses established in the city of Titusville ldr thank you very much thank you nothing good gu that's enough no okay Desiree wymer never had to worry about that before you question him or not this is difficult my name is Desiree wymer 7205 Morning Dove Court um in relation to the traffic study your staff report States quote there is no significant impact to wind over way the Bristol traffic study analysis identified 1,44 daily trips the traffic study and the most recent addendum number two did not even include important significant Road segments traffic study page one describes the study boundary the study boundary excludes wind overway and wind over Trail u-turns at Lowe's Starbucks and 405 and Highway 50 the study boundary parameters were chosen by the developer to exclude any of the local destinations like Walmart Home Depot Target Taco Bell Wendy's Etc in close proximity to this development when doing the study if the perimeters were correct for a large multif family apartment complex that will spend many road trips to local establishments for daily living these roads would have shown many trips and not zero trips literally only half of the affected roads around the development were looked at look at the large exhibit the red indicates the road segments the traffic study did not even look at the yellow Road segments in yellow were the ones only ones analyzed the red are admitted Road segments that obviously should have been included Windover Way to and from Windover Trail the blind Sharp 35° intersection wind over Trail to and from State Road 405 Walmart intersection the road segments were not only admitted the trips towards and away from these segments are marked as zero trips they are saying every single car leaving and entering the Bristol development will use this yellow highlighted Road Road segment yet the development plan has an exit apron going both ways onto window way southbound and Northbound if the development traffic is never going to go toward Windover Trail then why is there an apron that would allow traffic to go that way do not be fooled by the second traffic study addendum that was provided on July 17th the addendum did not redo any traffic study for the 1,44 daily trips this project would generate it only looked at existing wind over Farms traffic and made assumptions on percentage of existing Windover traffic that would choose to take Highway 50 Make U-turn to go West on Highway 50 versus who would go um to wind over Trail through lights to go West on Highway 5050 as if the only destination is to go West on Highway 50 toward Orlando the new traffic study addendum number two in your package still does not address the the red travel points as it relates to the 1,44 Daily trips of this development this degree of admission and inacurate information screams deception you rely on accurate information to make decisions you should deny the validity of this traffic study and deny ssa3 uh 2022 and then really quick um I am a mom I take my daughter to school I can take either either Exit on to 50 or over by Target I purposely go the target way because during the school year traffic is so dangerous at that exit so I assume other people will do the same thing thank you Glenn Bala Glenn Bala thank you couldn't he can't he thank you Glen Baka 81 182 wind overway well within the half half mile of this proposed development um in exhibit Bravo 1b1 the staff report States the plan development will not create or generate traffic along the local streets and residential areas or cluster outside of the PD area how can your staff make that statement with a straight face don't know study indicates that during Peak morning hours there are zero proposed trips when taking a right turn out of the project driveway there are zero proposed trips when taking a left turn into the project driveway similarly during Peak afternoon hours there are no proposed trips taking a right turn out and zero proposed trips when taking a left turn into the project driveway really is it reality to think there will be no one coming at all coming to or from that 304 apartment complex taking wind overway to wind over Trail driving towards Home Depot Walmart Marshalls Wendy's Burger King Target and not use wind over Trail really don't get it study indicates that all of the 678 residents 1,44 daily trips will only be coming from State Road 50 entrance onto wind overway and into the apartment complex and states that zero people will ever use Windover Trail 405 Walmart entrance drive through window farms and take a left turn entering the development again really oh sure let's recommend the development using only 50% of the information that should have been presented let's analyze only half the surrounding Road segments and omit the other half hm cherry picking the traffic study and additional technical memorandum you have been excuse me have been provided on July 17th or farce Windover is not a collector or aial road so this PD high density residential development should not be permitted access on wind overway in the first place it's the applicant's responsibility to provide evidence proving they will not create any negative impact on adjacent residential areas for traffic noise or quality of life they've not done so even the traffic memorandum provided last week claiming to address the community concerns did not address their burden according to your code in reviewing resoning to a PD the memorandum says this model does not include wind over Trail and adding it which require significant modifications to underlying model and a specialized study to C Cate the model yeah good thank you I was going to have you finish that sentence but I think it sort of did I bet you got question yes sir this property is currently zoned speak up Cole I'm hard of hearing I thought I was the only one with that here I too much shooting in my younger days um this property is currently zoned Regional commercial is that a correct statement that is to my knowledge okay but you're the expert that's I am not an expert the experts have been qualified as experts the if this is developed as Regional commercial is it likely that the cars that are coming out of that commercial development would also Traverse and come out wi over Trail Cole I don't have a crystal ball to tell you the future I I do not know but you're saying you know that all the apartment residents will travel and come out window over trail that is not what I said Cole I said your analysis this traffic said they all go left and not right and I'll give you a written copy if you need it the traffic study speaks for itself and it's been put into the evidence that that's in the worst case scenario but my question is if this is developed as Regional commercial or any sort of commercial traffic would be able to Traverse Windover Way and wind over Trail both correct as I have no way of foreseeing the future maybe you do but I don't is it likely that commercial traffic would also Traverse wind over Trail under any commercial development again Cole I'm not the expert I cannot foresee the future I don't know how you can because I sure can't I I'm giving you an honest answer I have no magic crystal ball to tell you what is going to happen or what could happen I understand your position there would you I'll ask one final time and try to ask in a manner for a direct answer is it likely that with a driveway connection onto wind way from this property that res anyone traversing in and out of the commercial development would go through Windover Trail as an alternative point to get to 405 can I answer that question no ma'am okay Cole I'll answer you this I can't tell you if they will or will not but they would be permitted to with the current understanding I have as an amateur and not a lawyer not not a traffic engineer it would be permitted to but percentages no one can tell you that thank you y points yeah you're good thank you thank you Thomas ml Tom McLoud 7 557 Egret Drive there are multiple reasons this development should not be approved the criteria for reviewing a plan development PD application that must be met have not been provided to you and many are not available at this development access for a development in a PD zoning is required to have direct access onto an arterial or collector roadway see figure one and exhibit A2 Titusville ldr section 335 A2 the Bristol property has an existing 66 ft wide easement that goes into an existing truck stop driveway onto State Road 50 there is also a gas station that runs alongside this 66t wide easement that has traffic coming on and off of Highway 50 into that business see exhibit A9 and A10 using this 66 ft wide easement would give them direct access to an arterial Road and be in compliance with the city's ldrs but they are choosing to apply for non-compliance another item in the PD zoning also requires there to be multimodal Transportation purpose for PD zoning to be approved which is intended to reduce vehicular traffic around the area where the PD is located in this case there are no continuous sidewalks from Bristol property to major transportation hubs there are no sidewalks to the local attraction points like Walmart Home Depot um Target Taco Bell Windows Etc in a June 19th 2024 email from city planner Eddie Galindo to the pnz board member Ted Garett it was confirmed that the bravard County public works department has no plans for sidewalk improvements in or around the area on wind overway Windover Trail or Highway 50 also there are no bike paths on the city portion of wind overway or wind over Trail in and around this area please vote to deny SSA 32022 and to deny CPA 22024 thank you thank you Tom question don't don't move couple questions uh you spoke of the easen and direct access to State Road 50 um are you aware that staff has a condition in their approval to provide the bicycle path out to State Road 50 via easement R along with never way um unaccustomed as I am to public speaking I think I'll just take my time with this like you have um I was not aware of the bicycle path um but there are other sidewalks that are not existent and apparently there are no plans to build them um and as far as far as I know but um and furthermore I have no more comments because I think probably the next speaker has comments also fair enough thank you okay Frank row correct the record a little bit I from the property right next door to where this is going in ready there and when the res name and address for the record um apologize Frank I thought you know me by now Frank Frank row 8201 wind overway to reset okay can you reset my time yeah okay minutes just go okay go so I live next door and to correct the record when residents leave here and make a rate they do pass at least three driveways to get over to Windover Trail so yes that was also incorrect they would be Crossing driveways so the Bristol development application proposes that residents from 304 units leave their Apartments and drive onto Windover Way Windover Way is not in an arterial collector Street window Windover Way is a local Street in a residential area Windover Way is plotted platted in the Windover Farms plat as a local Road for Windover Farms use the city of Titusville has recognized its intent to protect existing residential areas from negative impacts such as traffic noise and decreased property values caused by traffic from high density multif family development by adopting policy that requires access onto arterial or collector roadways and no impact on local roads quote Titusville plan development standards sections 33 through 35 A2 States a plan development shall be 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 whenever way is a local Street and according to your own regulations this development shall not access onto Windover Way on this side of windway window overway half of window over Farms there are over 300 homes approximately 600 vehicles that use this road segment to enter and exit the neighborhood we all can agree we drive the route which is the most convenient for us the apartment residents coming out of the development would likely turn right onto Wind overway Drive 1.19 miles to wind Trail take a 35° blind left hair pin turn onto Windover Trail toward the Walmart and 405 intersection this route was not even considered mentioned or measured in the Bristol traffic study it stands the reasons that vehicles from 304 units 1440 144 daily trips or let's say even half of their trip 700 daily trips will turn right out of those apartments onto Windover Way Windover Way and Trail will be consistently backed up 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 this project is in violation of section 33 through 35 from Titusville pan development standards the subject property already has a legal approved access onto heid 50 a collector Road through go ahead 66 foot wide easement this is where their access point should be on their site plan instead of wind of way please deny these to request thank you Cole all right next up Carolyn padfield I just want to show you where my property is located have a microphone so everybody else can here Carolyn padfield 8214 wind overway I just wanted to show you my property adjacent to this uh plan development I am here this is one of my driveways that they will be Crossing to come down to wind over way to go to Windover Trail okay see exhibits A3 through a12 Bristol PD master plan identifies window wind overway a local Road for both primary and secary secondary access which is not in compliance with city of Titusville ldr chapter 34 Article 2 Division 1 section 34-40 a1b and section 33-5 A2 also totville plan development PD standards require PD zoning developments to be located with direct ass access on a collector or aerial Road the property has an established 66t wide easement across the adjacent 6.9 acre property to the north providing direct access to State Road 50 an arterial roadway C exhibit A3 Titusville ldr roadway classification list ex exhibit a -7 2022 boundary survey depicting easement from Bristol property to State rout 50 and exit exhibit a-8 official record of easement this easement can and should be used as the access to Highway 50 for this property and not wind overway it is clear the property owner was aware even back in 1998 that it was important to maintain an access connection to State Road 50 c exibit A8 Clerk of the Court from the clerk of the court that is the notorized legal easement creating Road right of way signed by both the land owners it is important to note that the easement connects to an existing improved concrete driveway C exhibit a-9 photos of existing driveway on State Road 50 with an existing concrete and turn lane this existing driveway has histor historically used as an access point for semi-trailers as a truck stop operating on the property where the easan is located the applicant notified the city that they had an easement with access to State Road 50 that could be used if required yet the existence of this easen is also inexplicitly completely omitted from the staff report and background materials included fore review why did the staff neglect to tell you about the 66t wide easement to Highway 50 the new July 17th traffic addendum provides you with an opinion on what fdot would probably say about Highway 50 access while leaving out that the subject driveway approved prior to 2009 to Highway 50 is grandfathered into the current Highway off ramp driveway requirements they've had ample time to connect to contact F doot but then they didn't give you their expert op opinion to support bristle going to onto a local Road proposed access for PD onto Windover Way a local roadway is not consistent with Titusville ADR section 33-5 A2 and review criteria Titusville ADR chapter 34 Article 2 Division 1 Section 34 please deny this request you picked up the speed there in the end didn't you you good with her Linda next up I'm sorry Glinda R Linda there you go yeah you guys are all one line there good evening glender row 8201 wind overway see exhibit B2 the staff report makes a statement there are no adverse impacts on wind overway repeatedly but the fact is the critical segments of wind overway adjacent to the proposed development were never even looked at in the July 17th traffic memorandum they tried to explain why saying that looking at the other Road segments would require more work the need to calibrate their to calibrate their model well they should have entered the segments into their model that are going to be affected in the first place it's a responsibility to address not only the level of service but also the impact to the surrounding area the Bristol study failed to include analysis of major road segments that are directly adjacent to the development and clearly will be impacted by the Bristol PD development including C exhibit B2 uh complete emission of analysis of wind overway turning right out of Bristol towards the residential neighborhood complete omission of the analysis of the entire wind over Trail going in and out toward Walmart Home Depot and Target complete omission of the analysis of the u-turn on uh uh State Road 50 out of Windover to go east on Highway 50 towards Orlando the Starbucks area complete omission of the analysis of the u-turn on sr50 and sr405 to go East onto Highway 50 towards Orlando and complete a mission of the analysis of the sr405 in Windover Trail intersection by Walmart Petco Burger King Home Depot the traffic study did find that Sr is already exceeding the established level of service near I95 according to the policy the city must correct this failure to meet minimal minimum level of service before approving any more development in the area this study also suggests light timing changes and widening portions of service road 405 the Bristol traffic impact study said there will be zero trips exiting the proposed development turning right onto window overway onto Windover Farms Community to access Windover Trail to take the shortest and fastest route towards Walmart Home Depot Target commercial shopping center destinations and there will be zero trips entering Bristol from wind overway and wind over Trail coming from again Walmart Home Depot Target area you can't believe that no one can believe that we watch many many cars going in and out of there without uh a development going in there of course 1,44 daily trips generated by the proposed development would enter and exit both directions onto Windover Way and use Windover Trail and doing so would create substantial negative impacts on the adjacent residential areas trips generated from multi family high density residential are much higher than trips generated by single family residents oh thank you thank you no okay down now I look him I used to just send him on their way okay oh thank you I didn't I didn't hear a call your name I okay um Dennis Jonas I also thank you moving on now John do John Doyle 8178 wind overway I'm not going to go over a lot of this stuff because it's already been going over we'll try to cut deck on some of this uh first of all the you know we talked about the traffic traffic's been talked in and out in and out um I was in quality assurance for 42 years so when it comes to procedures I'm pretty good with them and um when the traffic engineer was up here he had made the comment that a local Road uh particularly wind over way would be considered um not a local road but a collector Road well he also said that the policy says that the Titusville policy says that it's a local road but that it functions as a collector Road well in my mind a policy would override anything that would function as because the policy mandates exactly what you're supposed to have if it's doing something other than what it's supposed to have well then that's a problem for somebody to resolve but if the policy says that then that's what the policy says so it's as simple as that um I think most of us here would rather see something commercial there simply because you wouldn't have as much traffic uh especially in the evenings businesses close up there's not going to be the traffic there we didn't have uh we wouldn't have lower height there would be lower height wouldn't have that problem and speaking of height um I did have a question what the one sign that was showing the sight of uh line of sight from the house in wind over to the department or the apartment complex showed a house on wind over way well the vast majority of the homes that would be impacted by this are to the south of the development not to the east of it so I'm just curious as to why the South wasn't considered in that line of sight because there is no buffers associated with it there so all those houses to the South are going to be exposed directly to the apartment complex whatever height it is um that's that's basically what all I have to say I just everything else has been covered by everybody else um so I just want to say I want to deny the 3- 2022 and 2-202 24 and appreciate your time and your patience this evening appreciate you very much and you don't have anything um vice mayor M Mr Mayor I know that you Haven a notice it's approaching 10:30 and uh I know that it's important to hear all of the speakers and um I know that we have two options to extend our time or we have the option of putting it on hold to the next meeting and uh because we understand what's going on is my recommendation and mine alone is I if anyone agrees to put this to a stop and let's finish the meeting and take it up where we are to uh tonight at our next meeting before we do that um city clerk how many cards are left 26 26 cards and then you got the rebuttal um M stal yeah I'm thinking do just doing the math on um that's going to be at least an hour and a half more of just the cards and then that applicant back and then our discussion so I we we'll if we continue on now we will still be going past midnight and then need to decide do we want us just keep moving forward or stop at midnight so I think regardless I would would tend to agree that I don't think we're going to finish and make a decision tonight um window for people you can relate to 4:30 in the morning where we're working hard on not doing that again so uh there's just so much important here that you know want to hear at all we we also want to have our brains moving properly because that that was rough I'm I'm sure some of you guys sat here to the very end um so um let me see uh vice mayor are you gonna add something more are you good with that no uh that's what I I my recommendation is to put a period uh at this particular point with the 26 uh cards that are left and uh resume uh at our next uh for clarification this would be a um continuation is what we' call it a continuation which means those who have spoken this is all like one meeting uh we bring them together as a continued Meeting those who have spoken your card will have already been spoken the 26 left would be uh called just like they're being called now um City attorney would you would like to advise anything further there are a couple things to consider you do have a couple of more agenda items that you will need to take care of and as the vice mayor stated if if you're going to continue past 10:30 you'd have to have a motion to continue past 10:30 so couple options if you want to understanding that this item may run rather lengthy you could at this time do a motion to continue this public hearing until your next meeting at a time and date certain but you if you want to handle the remainder of the business on your agenda you would still need to continue this meeting for a period of time to handle those items as well and just looking at at this we're looking at what did you say member stoko an hour and half of cards at least yes and to give context we have 26 left I have counted 16 cards already so we haven't even got halfway through wow um and looking at the agenda we have a couple more items so I think we're going to end up being here till 11: just with the other additional remaining items potentially so and and I just want to make it clear that the time doesn't concern me as much as I've obvously uh doing the right thing and and doing the good job and again we've been here 2 o'clock 3:00 4:00 and I don't know that we are as productive on either side um add to the fact that we we're all getting used to the lawyer questioning people intermittently that's and I'm not being critical I'm simply saying that adds a bit of time that we don't count in the three minutes so a three minute can easily turn into a five minute maybe even a six minute so I tend to agree that um we could um uh I want to say table that'll get us confused but continue uh with this particular agenda item and we pick it up and just again for clarification that means that we pick it up at the next meeting yes yes sir would be placed on the next agenda as a continuation of this public hearing would it be the first thing that we would do or is it got to come up it be placed under public hearings on your agenda um and those who spoke have spoken they wouldn't speak again we the clerk could keep track of those cards every understands but I do believe that the applicant had a question if it's going to be taed I well not tabled I mean continue to another meeting did you have a question my procedural question is do are we going to get new comment cards that come in they're allowed to be brought in at the next hearing that's a good question I don't know the answer that you because then we're going to go out and get more people to come in and and and speak you know that's my concern with I would suggest you know because then we'll keep doing the same thing yeah potentially would I I I see that but wouldn't it just be a continuation of this meeting so you would have technically need to be here for this meeting keep track of the cards you have right um then those who have spoken have spoken and and then of course at that meeting you would be entitled to your rebuttal sure and you know my other concern is I understand you guys have other business to do tonight and respect that is that you we've at Great expense brought in a lot of experts from long distances for the meeting and they would have to come back in again and look that's up to them to do that or not but uh I respect the council's decision on the continuation I I would request that we don't go down the road of opening up more additional cards to come in because this could be a never ending I do too but I just want the legalities of that and I'd have to defer to you City attorney cards I think if it's a continuation of the meeting those who are on the list are the ones who should be called but if that's not how it works I need to know that correct I we would keep track of the cards we have now for this public hearing and we would continue this meeting based on the cards you've received yeah and then they and then they could still come for other agenda items like for the rest of the meeting but for this particular item because this is when it was advertised as today and we're continuing it on because we're running out of time that makes sense so I agree yeah and again we haven't even considered I don't know what the argument would be as to considered our discussion when this is all settled between here and there that that could be a whole another hour yeah um so we're talking one or two in the morning easy just by projection so um August 13th is the next date so my motion would be to continue it to August 13th at the 6:30 meeting and if I could have you also do that for items 9 a and 9B 9 a b and 9 C there's no C and it would and second with including the cards that we have on file right now would be the ones that would uh so we continue our process like the applicant would not speak again for an hour we would just continue where we are in the process the remaining cards and then any rebuttal and our discussion this what happen okay I have the I have the motion from Member Nelson I have a second for member Cole can this be a voice V second for me second for member soal um do we need a a roll caller can we voice this all those in favor say yes yes yes opposed okay we will continue this on the 13th and with that I'll give you five minute adjournment not adjournment recess oh e e e e e e e e e e e e e e e e e e e e e e um 11:30 11:15 11:15 11:15 move to extend to 11:15 second why don't you just say 11:30 and well we do this yes if we say 11:30 we'll be here until 11 11 and Mr Mayor uh can I uh amend my motion that we just made prior to our adjournment or recess yes yeah you can do a motion to reconsider and first to Recons V on that first do I we have to vote on the motion to reconsider okay I moved to reconsider the vote we just had prior about continuing our meeting to the first meeting in August for the purpose of for the purpose of amending it and adding in a rule about the speaker cards can we just do a motion to allow speaker cards no he says we have to reconsider and then do the motion we have to move to reconsider it first and then if we reconsider it we do it okay second all in favor uh all in favor yes yes oppose carries okay so my I move to amend the prior motion to continue on the discussion of the Bristol project at our first meeting in August and we have 26 speaker cards already of people that came here um to speak and In fairness I think it would be appropriate if some of those individuals cannot make it for them to be able to give their card to someone else to speak on their behalf absolutely that would be my motion I got the motion second all those in favor say yes oppose so those who cannot make it can have someone speak for them they W be heard your microphone please it's on it's way over there all right let me try that again um so those who the motion is carried member Stoko's motion carried and that is that if people who are here tonight and they did come up and ask that question uh they were satisfied with if they can have theirs written out and read and we will certainly allow that thank you and the rest of the motion remained as far as date and time yes okay let me get back to where we were been on that same thing for so long I I know it takes us to a new business item 12a okay there you go new business uh 12a City manag uh this is the capital Improvement Revenue bond series 2024 the city proposes issuance of a not to exceed $3,403 Capital Improvement Revenue bond series 2024 to fund the replacement to the city's fuel tanks and to pay the related cost of the issuance replacement will be of the existing fuel tanks with a new split tank that holds up to 7,000 gallons of diesel and 7,000 gallons of gasoline the project includes the cover the covered fueling dispensers the electrical work in the amount of $3 million with the issuance costs not to exceed $40,000 staff recommends that you approve a new Capital Improvements Revenue bond series 2024 in the amount not to exceed $3,400 authorized the mayor to sign and execute all related loan documents with the Webster Bank NA um as the loan provider approve the supplemental resolution 11224 and approve the related budget amendment to fund the project with the first interest Debt Service payment and Richard's going to distribute if you haven't already done it a letter of conflict of interest with the bank and um assuming that after you approve this you'll have to sign a conflict of interest that says you have no conflict of interest with the loan provider which is Webster Bank and a and then um we'll we'll proceed on correct I'd like to clarify for Council the conflict of interest isn't part of your vote your approval but this will be required at closing so I have three Originals if I'll pass down if each of you could could sign um if in fact you have no conflict of interest and I'll need three Originals if and leave them with the clerk and I can retrieve them from her and we do have uh Bond Council available ailable for questions she will dial in if you have questions of Rhonda uh Bond Colin Collins Bond hi Scott this is Rhonda I am here just one point of clarification um we only need one of those certificates sign so I know it's late so if I can help the council out by just having one sign then that's all we need on that particular one original thank you Rhonda so what does that do to us I mean is is this going to take place tonight now yes sir you'll still have the tomorrow the closing closing will be at 11 o' tomorrow that's what I yes sir but but typically you are the only one that would attend not everyone will attend the closing so we have the conflict signed tonight because everybody's here okay so what do we need to do right now then do you need a vote can right we will need to vote on item a okay okay back to kind of normal any cards uh can I have a motion move to approve the capital Improvement Revenue bond series 2024 and an amount not to exceed $340,000 authorized the mayor to sign and execute all related loan and contract documents with Webster Bank as a loan provider and approve the supplemental resolution number 11- 2024 and approve the related budget amendment to fund the project and the first interest Debt Service payment second I have a motion and second roll call vote vice mayor Robinson yes member stokel yes member Cole yes member Nelson yes mayor diesel yes passes unanimously city manager we're on to 12b which is the proposed tentative operating millage rate set at 6.58 7 Ms and the proposed did I say 817 it must be late the proposed millage rate of 8 point correction 6. 817 Ms and the proposed tenative voted Debt Service millage of 936 Ms um the city is the proposed tentative operating millage for fy2 budget is 6.58 17 Ms with which is 3.59% above the rolled back millage rate of 6.35 36 Ms set the voted Debt Service millage rate of the riverfront acquisition referendum at1 1936 Ms the maximum Levy authoriz for the 2005 General obligation bonds is 0.593 Mills the city manager proposed general fund budget for fy2 is balanced at the tax rate of 6.58 17 Mills the proposed millage rate is the lowest in 16 years and it's 3.1% below the current millage rate of 6. 7945 staff is requesting that the council vote to approve the tentative millage rate as um stated Terry's here to answer any questions that you may have Council I'm I'm I ask one question I know we're sort of whittling down the amount of unfunded um things that the city he needs that list how far how far down have we gone we haven't uh got the the complete list from staff yet that's you'll see that list uh at the 8 uh August budget Workshop okay all right call the cards please oh never mind hold on M tole yep um it's not a question just to comment real quick before we call cards um it was nice to hear my briefing that this is the lowest millage rate in 16 years because for those of us that happened on Council specifically for me one of my goals was that looking at the county as a whole um our millage rate was high because our property values were low and so you have to offset for your tax um revenue and one of the things that I've tried to push here is to do things that would increase property value so we could lower the mill rate and obviously that does result you know in those that have a higher property home will pay more in taxes but that levels it out and so I was just looking at I had asked Scott to send me just the history of our military and back in 2016 we were at 7.9 when some of us started first on Council and to see that it's gone down to now we're proposing the 6.5 is um really great to see um one of the things I do like well one to this is not us actually setting it this would be the notification and so we could always go down but we canot go above whatever we set it today um and one thing I would like to see in request of staff is with the proposed budget seeing this one but also to see one that's at roll back would be helpful to kind of see um if we did want to go lower or go at rollback um what that would look like we can do that but I I'll tell you right now where we're sitting we've deferred 18 new employees okay just to balance um and we're hopeful that mid year we can pick up some of those employees um we've had to do pay adjustments and we've also proposing a 3.5 um Cola Cola so if you I'm not saying that you shouldn't or but if you do it'll be a a project that we'll have to eliminate okay and it would be helpful to see that because I think part of our discussion here too and I've seen other cities do this is thinking about because that's a good point and we're talking about employees and retention and costs going up and it be competitive um it's very realistic I don't think anybody we don't want to raise taxes things cost money um and how do you balance that out so I think we need to be aware of what do we want to do as council members and mayor and vice mayor do we want to incrementally raise it like this would be 3.59% above roll back and we do a little bit each year or do we do some years we do at roll back and then I see other cities will do it and raise it you know 7% potentially um and so there'll be times where it's there's no tax increase and then other times where you can do it gradual and I just think that's something that we should take into consideration um as we're going through the budget process this year so one of the um and we'll we'll get into this at the budget uh workshop and the public hearings but um the urban CPI is most of everybody's going between three and four we chose three and a half um the inflationary pressures are about 19% though and that inflationary pressures equals what it costs us to operate an example what used to cost us uh for chemicals at the water plant have tripled over the last three years um member Nelson and I think we all always need to be careful because when we ran remember what our infrastructure looked like and I remember talking to somebody from the water department and they were telling me for 20 years we spent basically no money on infrastructure and so what have we had to do for the last eight years clean up those decisions clean up those decisions $9 million in infrastructure project yeah we we've got just a little short of 40 million in infrastructure work9 million in infrastructure projects because it was not getting done when we got here so you know I I understand the desire to keep the taxes low but I also don't want to wait 5 years and get hit with you know um our pipes stink uh they're corroding yeah know we have sewer going into the river and all those problems so I think there's a balance all right call card Katie D Miss Katie hello Katie um I I was hoping that after last year's budget meeting that you guys would consider um looking into zerob based budgeting and I know that that is a huge overhaul bringing a budget that is not doing that to to zerob based budgeting but I think that especially with the amount of inflation and the cost of everything it it's crucial that we know where every single penny and dollar is going um and that's a great way to do it and another thing is I feel like we have to look at at cutting spending more um I know that that's a hard hard subject nobody wants to stop um doing that but when we have a certain amount of money we have to live within those means it can't be on the backs of tax of taxpayers and um so also there was even though I don't Tech uh really agree with everything in this bill but um the infrastructure the national infrastructure bill that's definitely something that you guys could look into for your infrastructure issues um working with our congressmen to pull some of that funding our way it's already been passed so we might as well bring some of it to North Bard especially with the sewage issues that are going on and the water issues um there there just needs to be more proactive um way of doing this raising taxes every year can't be the answer so I I hope that you guys consider that and I'm not here next year saying the same thing again thank you so currently we have uh $15 million of grants that we've received and are working I knew we were big on grants I knew we have a a whole group of people that I'm sure doesn't even touch what you guys need for your infrastructure though not next card Trenton mansfi and he's the last card Mansfield Titusville red uh Sarah you said it yourself that your property values are high so the mill rate is low so just because you lower the millage rate math is math you know math is math no matter how you math it you're still raising taxes so um and I would like I know we never want to like fire people or lay people off but have we done an audit of our staff because when I used to get off at 3:00 in the afternoon and I used to drive through the city of Titusville and pick up my kids I used to always see workers sitting in the front of Public Works down there at single ten and dairy sitting underneath the uh the shade tree waiting for 4:00 to come around like this would be like 3:15 3:30 and it's and it was every day so maybe we don't need as many drivers on the road I don't know and um and for y'all say that you understand that you want to keep property taxes low but your voting record doesn't even show that for the past seven years y'all raised taxes six times and I what is the budget this year is it 125 million uh manager is that what it's a proposed we haven't finished the budget yet but raising it it was 121 last year correct 121 million we haven't complet the budget what was it last year was it you don't remember we all just passed stuff and don't remember so if you if it was 121 Million last year and you raise it 3.59% that's like $4 million more this year so your voting records don't show it it's an election year we'll see what happens and I I I just I come here every year and it's all about the renters and they' they they've raised property taxes 10% but that doesn't mean that their property taxes can't or their their property value can't be pushed higher because it isn't there yet does that make sense if if it's if they can raise it up to 400,000 and they're only at 250 right now that means they can can keep pushing it higher so I I beat the same dead horse every year but it it seems like it goes nowhere but maybe this year it'll go somewhere I don't know we'll see thank you mayor I have a question yes yes Trenton so besides us looking at potentially firing or getting rid of employees what do you propose when the ma the city manager mentions the inflation cost up 19% like do you not want us to do infrastructure projects do you you don't like us getting grants we've had that discussion before you're putting us in a difficult situation where you say you want to you don't you just want to raise taxes I'm I'm not putting you in a difficult situation your solu if you would like to sit down with me and comb through the budget line by line we can surely do that but we don't have right now we're seven years in and and it's we do the same thing every year right right but I don't think it's my job to comb through the budget line by line that's the that's the people's that's the people who run those departments if you tell them hey I need you to cut this by this much then they would have to cut it by that much did you not hear what member Nelson said about there were people and people in Council that did do what you're saying not raising taxes and then people want to complain about spills in the lagoon or my roads aren't being paved you have to understand that's our job what was the budget when you started on the council in 2016 turn I'm not gonna go back and forth with you on this I'm not I'm I'm all right we're good okay thank you thank you in addition um to passing the proposed tentative millage rates the second motion we'll need is to uh public do the uh dates of the public uh the first public hearing and the final public hearing all right then U member Nelson move to St the proposed tentative operating millage rate for the fiscal year 2025 budget at 6.5 817 Mills which is 3.59 above the rad back rate millage rate of 6. 3536 and set the voted Debt Service millage rate um at1 1936 Ms I have a motion second I have a second roll call vote member stok yes member Cole yes M Nelson yes mayor diesel yes vice mayor Robinson yes passes city manager no no we got to do again move to set the first public hearing for the fiscal year 2025 Budget on September 12th 2024 at 53 at City Hall and the second and final public hearing for fiscal year 2025 Budget on September 26 2024 at 5:30 at City Hall second um yeah roll call vote member Cole yes member Nelson mayor diesel yes vice mayor Robinson yes member St yes and it passes unanimously would any more more on that right nope petitions and requests all right petitions and requests do we already do that good evening hi again Katie Delaney um I wasn't able to come to the last meeting because uh I was needed elsewhere to um you know to to stand up for our firefighters in our County um but I had to come tonight because there were three articles that were written in the Florida today and I just have to stand up for the people of Titusville and for the community Advocates that really care about our County um minimizing what community Advocates and residents are doing by saying oh it's only a few people that that are upset um I I'm not okay with that and um it's not just a few people we had 30 to 40 people outside this building two meetings in a row protesting what's going on in this building in addition to that the city of Titusville you all hired an outside source to do a survey and their results show that out of 500 something residents that sent back in a survey treating residents with respect 258 out of 270 cities in the lower 4% welcoming citizen involvement 14 I'm sorry 341 out of 350 the lowest 2% of all cities in this survey overall confidences in the city of Titusville government 315 out of 322 of cities that were asked that same question the lowest 2% generally acting in the best interest of the community 320 out of 3626 cities lowest 2% being honest 311 out of 317 cities lowest 2% informing residents of issues facing the city 275 out of 277 the lowest 1% only two cities ranked worse out of 277 cities this these aren't my numbers these are your numbers that you paid an outside source to get and frankly with the state of of the economy the the look at the city of and the mess that they're dealing with we don't want to also be dealing with that same thing and if it keeps going the way it's going if people don't start talking to each other and including the city and being more transparent putting the records online why did it take over two and a half years to get the agenda on the website that's unacceptable the residents have have the authority to know what's going on in their city and that what what y'all said that article was not okay thank you thank you Council anything I just say oh I speak earlier about regarding the agenda online it's great that it's on there but it's hard to read um it's today it was 83 pages long I'm requesting that if it's in the uh because it's hard to find it in there as it is and I know we're going to change it later on but can we in the cover page put where so item a is going to be on page 103 or whatever is that is that a thing or or we can we not do that I don't know how that works because it's very hard to com through um if you want to find a specific item in the agenda packet and it's not like I'm on a computer when I'm in out here and I can't just go contrl f and find it you know what I'm saying so yeah that's what you're saying if if if is there a way that we could put it in the packet of how find the p number so we can quickly find it I don't know but I I can get your problem um because I don't know how I could find it either doing that well on a computer you can control that's what I'm saying if I didn't have this I don't know how I could find it right um that's that's an interesting point so I'm just asking if could change going around the guys in the back there who uh the it guys are the ones who normally come up with the solutions on that so um certainly run it by them and say is there any way we can make it simpler I don't okay so I don't disagree that thank you thank you mayor and Council reports um we'll start with uh the the elderly man on the end no that's not that's I'll pass okay oops then we'll come this way with you Miss Nelson I'm just going to say that the kids of the Boys and Girls Club are having a water day yes they are and our mayor has agreed to go I don't know what I'm doing but I'll be there it could be dangerous I don't know what I'm doing it's probably gonna get be nice don't be polite tell them be polite uh I just need to get a u approval let's see I need to do a uh Suicide Prevention Proclamation I don't I'm not exactly sure all the the details on that I just got but I lost it so I just need an approval to do a u Suicide Prevention proclamation to allow you to do the suicide prevention so may I think what you're asking is that uh you can do a proclamation whenever you want but I think what you're asking is to have it done at city council meeting yeah I believe so they did hand me the paper to ask for it so that means it's probably going to be here I think that's where we did it last time right do you have so I obvious and that's a good way of finishing do you have a date for that sir I think the second meeting in August tell me again here it is second meeting in August would be your presentations meeting 5:30 okay okay so I need the uh a motion for that second second all those in favor say yes yes opposed I will do the uh Suicide Prevention Proclamation second meeting in August okay uh vice mayor uh I've been busy but I can't tell you what I've been doing all right member St I'm going to pass uh city manager um no uh action items there's several dates for your budget uh Workshop but kicks off on 8 August and then you just approve the uh first and final public hearing for the budget and the City attorney does have that added uh agenda item subject to your questions go ahead uh yeah the city has received a petition to contract which is uh to restrict the boundaries of Willow Creek and amenda boundaries of the Willow Creek Community Development district and also a petition to establish Willow Creek to Community Development District staff is seeking authorization from city council to accept an engagement letter from attorney Kenneth arton with Brian Miller Olive Law Firm to assist the city in in these uh petitions with regard to the Community Development districts for will l Creek and authorize mayor diesel or city manager to execute that engagement letter a copy of the engagement letter is attached and I've handed out and each of you should have received a copy of this memorandum together with the engagement letter from Mr arton and we're asking for authorization uh to engage him to assist in this process it's the same attorney who assisted staff with the last Community Development District if you recall and we just need to give the okay the okay to execute the engagement letter and to retain him to assist staff with this process that's option that's motion as stated can we just say that that what you just said yes is your motion to approve um the engagement of Kenneth arton with B Miller Olive with regard to the Willow Creek CDD petitions that would be my motion I need a second second all those in favor to say yes yes opposed thank you City attorney thank that's it thank you and we shall reconvene when it's time meeting adjourned for