May 06, 2026 Planning and Zoning Board

[CALL TO ORDER:]

[00:00:02]

GOOD EVENING, LADIES AND GENTLEMEN. IT IS 6:00 AND WE ARE GOING TO GO AHEAD AND GET STARTED ON OUR.

MAY THE 6TH, 2026 PLANNING AND ZONING BOARD MEETING.

THE PLANNING AND ZONING BOARD MEETING ASKS THAT YOU PLEASE SILENCE YOUR CELL PHONES.

SO GO AHEAD AND DO THAT NOW. INEVITABLY, SOMEBODY ISN'T GOING TO DO THIS, AND WE'RE GOING TO HEAR IT IN THE MIDDLE OF THE MEETING AND IT BECOMES A THING.

SO IF YOU COULD JUST GO AHEAD AND SILENCE YOUR DEVICES THAT WOULD BE GREAT.

AND IF YOU WOULD LIKE TO STAND AND JOIN ME IN THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. MISS POWELL, WOULD YOU BE SO KIND AS TO CALL THE ROLL? YES, MR. KARAFFA HERE, MR. WARNER. PRESENT, MR. CATALANO HERE. MR. FILIBERTO. HERE, MR. HIGGINS, HERE.

MR. MCNALLY HERE. MR. NORRIS HERE. OUR NEW SCHOOL BOARD APPOINTEE IS EXCUSED.

SHE WILL BE HERE NEXT MONTH. AND TANYA EARLY, CHIEF DEPUTY CITY ATTORNEY.

ARE YOU PRESENT? YES, YES. SHE'S PRESENT. WE DO HAVE A QUORUM.

[ADOPTION OF MINUTES:]

AT WHICH POINT IN TIME WE WILL LOOK TO PASS THOSE.

SO I'M GOING TO MOVE ON FOR THE BENEFIT OF THE APPLICANTS AND THE AUDIENCE.

[ANNOUNCEMENTS:]

THE LAND DEVELOPMENT DIVISION STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE THAT'S BROUGHT FORWARD.

BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF.

THE APPLICANT OR THEIR REPRESENTATIVE WILL THEN BE ASKED TO APPROACH THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE AND TO ANSWER ANY QUESTIONS FROM THE BOARD.

THE FLOOR WILL THEN BE OPENED FOR PUBLIC COMMENTS.

WE WILL FIRST HEAR. WE WILL FIRST HEAR FROM THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION, AND THEN THOSE IN OPPOSITION TO THE APPLICATION.

FOR ALL PROCEEDINGS, ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN SPEAKER OATH CARDS LOCATED AT THE SIDE OF THE ROOM AND AT THE PODIUM.

PLEASE PRINT, PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE STATING YOUR NAME, ADDRESS AND COMMENTS FOR THE RECORD.

JUST SO YOU KNOW, IF YOU MISS THAT, I WILL INTERRUPT YOU AND ASK THAT YOU DO THAT UP FRONT.

IT JUST HELPS OUR SECRETARY TO GET THE MINUTES CORRECT.

AS A COURTESY, I ASK THAT IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS, THAT YOU INFORMALLY APPOINT A SPOKESPERSON TO CLARIFY YOUR VIEWS AFTER PUBLIC COMMENTS, I WILL BRING THE CASE BACK TO THE BOARD.

AT THIS TIME, THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS WILL BE HEARD FROM THE AUDIENCE.

I WILL THEN CALL FOR A MOTION AND A SECOND, AT WHICH TIME THE BOARD MAY HAVE ADDITIONAL COMMENTS OR FURTHER DISCUSSION.

I WILL THEN CALL FOR A VOTE. DECISIONS OF THE PLANNING AND ZONING BOARD ARE THEN FORWARDED TO THE CITY COUNCIL FOR FINAL DISPOSITION.

THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION IN ADHERING TO THE MEETING GUIDELINES.

ALL RIGHT. WITH THAT, WE HAVE OUR FIRST ITEM OF BUSINESS.

AND FOR THOSE OF YOU WHO GOT AN AGENDA, WE ARE GOING TO GO ONE OUT OF ORDER, AND I APOLOGIZE.

WE'RE GOING TO START UNDER NEW BUSINESS NUMBER 1CU25-00003.

WE WILL HEAR FROM THE STAFF. THAT'S ME. I APOLOGIZE FOR THE TECHNICAL DIFFICULTIES.

WE'RE TRYING TO GET THE POWERPOINT UP. IF YOU WOULD LIKE ME TO CONTINUE WITH THE PRESENTATION.

OTHER WITHOUT THE SCREEN, I'M MORE THAN HAPPY TO.

WE'RE GOING TO NEED SOME SORT OF PRESENTATION. I THINK WE CAN FOLLOW ALONG WITH OUR BOARD PACKETS.

WE'LL JUST HAVE TO DO IT THAT WAY. OKAY. UNLESS YOU WANT TO CONTINUE YOUR YOUR YOUR ITEM.

NO, WE'RE WE'RE GOING TO FIGURE IT OUT. OUR IT.

OKAY. REPRESENTATIVE IS OVER THERE RIGHT NOW.

MIKE, MIGHT A RECESS BE IN ORDER JUST TO IS THERE ANOTHER AGENDA ITEM THAT WE COULD GET TO THAT DOESN'T REQUIRE THE PRESENTATION BOARD? DO YOU HAVE YOUR. DO YOU HAVE YOUR PAPER.

TO REMOVE YOU. KNOW THE THE NUMBER.

[OTHER BUSINESS:]

GOOD EVENING. SO WE HAVE BEFORE YOU. WE DON'T HAVE A CASE NUMBER ASSIGNED TO IT, BUT WE DO HAVE AN AGENDA ITEM UNDER NEW BUSINESS FOR

[00:05:10]

MAY I PRESENT THAT TO YOU AT THIS TIME? SURE.

OKAY. SO THIS CAN BE BOILED DOWN TO BE PRETTY SIMPLE.

ESSENTIALLY, THE VOTERS OF THE STATE OF FLORIDA APPROVED MEDICAL MARIJUANA BY REFERENDUM IN 2016.

THEREAFTER THERE WAS A STATE STATUTE ENACTED.

AND PURSUANT TO THAT STATE STATUTE, LOCAL GOVERNMENTS HAVE TWO OPTIONS.

AND THEY'RE REALLY ALL OR NOTHING OPTIONS. OPTION ONE IS TO BAN MEDICAL MARIJUANA DISPENSING FACILITIES WITHIN YOUR MUNICIPALITY.

AND IF YOU DON'T BAN THEM, THEN YOU BASICALLY CAN'T REGULATE THEM.

YOU CAN'T SAY WHAT ZONING DISTRICTS THEY GO IN.

YOU CAN'T ENACT A PERMITTING PROCESS. YOU BASICALLY HAVE TO SIMPLY ALLOW THEM BY RIGHT, ANY PLACE WHERE PHARMACIES ARE ALLOWED WITHIN THE MUNICIPALITY.

SO BASED ON THAT THE CITY ENACTED A PROVISION IN CHAPTER 120 OF THE CITY CODE THAT ALLOWED SPECIFICALLY MEDICAL MARIJUANA DISPENSING FACILITIES WITHIN THE CITY OF PALM BAY.

STAFF RECEIVED DIRECTION FROM THE CITY COUNCIL IN DECEMBER OF LAST YEAR TO LOOK INTO OPTIONS FOR PUTTING LIMITATION ON THOSE TYPES OF FACILITIES. SO BASED ON OUR READING OF STATE LAW, THE ONLY OPTION IS TO BAN THEM ALL TOGETHER WITHIN WITHIN THE MUNICIPALITY.

GOING FORWARD. AND SO THE PROPOSED ORDINANCE THAT'S BEEN PRESENTED AND THAT WE'RE ASKING FOR YOUR RECOMMENDATION ON, DOES EXACTLY THAT. IT UTILIZES THE AUTHORITY GRANTED TO THE CITY IN STATE LAW, SPECIFICALLY UNDER SECTION THREE, 81.986 FLORIDA STATUTES TO ENACT THAT BAN. JUST ONE POINT THAT I WANT TO MAKE WITH RESPECT TO THAT PROPOSED ORDINANCE.

IT DOES NOT HAVE ANY EFFECT ON ANY ESTABLISHMENTS THAT ARE LEGALLY OPERATING AS OF THE TIME OF ENACTMENT BECAUSE THEY HAVE A VESTED RIGHT TO CONTINUE THEIR USE. SO WE'RE NOT SHUTTING DOWN ANY BUSINESSES.

WE'RE NOT AFFECTING ANY CURRENTLY OPERATING BUSINESSES.

IT WOULD BE A PROSPECTIVE ACTION. SO HAVING SAID THAT, THE ACTUAL LANGUAGE OF THE, OF THE POTENTIAL CODE REVISION IS CONTAINED IN YOUR STAFF REPORT AND I'M AVAILABLE TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE REGARDING THAT.

ANY QUESTIONS FROM THE BOARD. MR. CHAIR. SURE.

JUST ONE QUESTION FOR FOR MADAM ATTORNEY. YES, SIR.

SO THERE IS YOU CANNOT PUT A CONDITIONAL USE FOR MEDICAL MARIJUANA FACILITIES.

NO, SIR. NOT UNDER STATE LAW WERE PREEMPTED FROM DOING THAT.

ALL RIGHT. THANK YOU. YES. IF WE WERE TO. I'M SORRY.

ANY OTHER QUESTIONS FROM THE BOARD? IF WE WERE TO GO IN FAVOR OF THESE FACILITIES, YOU'RE SAYING IT CAN ONLY GO WHERE A PHARMACY WOULD BE ZONED TO BE ABLE TO GO? SO THERE IS THAT LIMITATION, RIGHT? SO AS OF RIGHT NOW, ANY PLACE WHERE THE CITY ALLOWS PHARMACIES, WE HAVE TO ALLOW DISPENSARIES. SO SOMEBODY CAN'T TAKE A PRIVATE RESIDENCE AND A IN A PRIVATE NEIGHBORHOOD AND TURN IT INTO A DISPENSARY.

NO, NO. AND ACTUALLY, THE STAFF REPORT ACTUALLY LISTS THE AFFECTED ZONING DISTRICTS, AND THEY'RE ALL COMMERCIAL OR MIXED USE. OKAY. MY OTHER QUESTION IS, IF WE WERE TO ENACT THE BAN, HOW MANY LOCATIONS ARE CURRENTLY IN OPERATION THAT WOULD BE ALLOWED TO CONTINUE? YEAH, THAT'S A GREAT QUESTION. I ACTUALLY DON'T HAVE THAT THAT DATA FOR YOU.

AND I'M HAPPY TO FIND OUT THAT INFORMATION AND OR GET THAT PRIOR TO CITY COUNCIL.

BUT THERE I BELIEVE THE CONCERN WAS THAT IF WE WOULD NOT BE ABLE TO AVOID AN OVERCONCENTRATION.

SO TO THE EXTENT OTHER NEIGHBORING MUNICIPALITIES OR OTHER PLACES NOT TOO FAR FROM HERE, DO YOU HAVE A BAN? IF WE DON'T, THEN IT WOULD ALL COME HERE. CORRECT? MIKE, ONE OF MY CONCERNS IS THAT WE PUT IN A BAN AND WE'VE ONLY GOT 2 OR 3 THAT ARE CURRENTLY OPERATING.

AND ALL OF A SUDDEN YOU'VE DONE A PSEUDO MONOPOLY.

YEAH. THAT THAT WE CAN'T UNFORTUNATELY, BECAUSE IT'S AN ALL OR NOTHING PROPOSITION UNDER STATE LAW.

WE, I CAN'T, I CAN'T, THERE'S NO WAY TO GUARD AGAINST THAT.

BUT I UNDERSTAND YOU WANTING TO HAVE THAT INFORMATION IN ORDER TO TO MAKE THE DECISION.

[00:10:09]

YES, SIR. SO THEY'RE ALLOWED IN ANY ZONING DISTRICT THAT ALLOWS PHARMACIES AS OF RIGHT NOW? AS OF RIGHT NOW, YES. AND BY STATE LAW, UNLESS AND UNTIL WE ENACT A BAN, WE HAVE TO CONTINUE TO ALLOW THEM IN THOSE AREAS.

SO IF WE ENACT A BAN, THEN THEN THEY WOULD NOT BE ALLOWED ANYWHERE.

CORRECT. UNLESS THEY'RE CURRENTLY OPERATING RIGHT NOW.

AND TO THE CHAIR'S POINT, I DON'T HAVE THAT EXACT NUMBER.

AND PART OF THAT IS THAT WE'RE NOT ALLOWED TO ENACT ANY KIND OF WE DON'T HAVE A PERMITTING PROCESS FOR IT.

WE DON'T HAVE A CONDITIONAL USE PROCESS FOR IT. WE DON'T HAVE ANYTHING FOR IT BECAUSE STATE LAW DOESN'T REALLY ALLOW US TO TO DO THAT.

SO WOULD WE BE ALLOWED TO DO ANY KIND OF INSPECTIONS SUCH AS THAT? WE ALL MIGHT THAT WE ALREADY DO IN A PHARMACY PROBABLY HONESTLY, LIKE YOU'RE PROBABLY LOOKING AT WHATEVER WE'RE DOING NOW IS PROBABLY LIMITED TO TWO HOURS AND THAT'S IT. JUST AS WITH ANY OTHER BUSINESS THAT'S OPERATING, WE WOULDN'T BE ABLE TO MAKE SUCH AN ESTABLISHMENT.

WE DON'T DO IT NOW, AND WE I DON'T THINK WE WOULD BE ABLE TO MAKE SUCH AN ESTABLISHMENT DO ANYTHING DIFFERENT? SINGLE THEM OUT. YES. SO WHAT WOULD BE THE REASON FOR NOT, EXCUSE ME, INCLUDING THE CURRENTLY OPERATING ONES IN THE BAND? WHY ARE WE LETTING THEM SLIDE? YEAH. SO THE ISSUE IS LIKE ONCE SOMEONE HAS A VESTED PROPERTY, RIGHT. OR THE AN ABILITY TO USE THEIR PROPERTY AT A CERTAIN WAY.

TYPICALLY WE CAN'T ROLL THAT BACK. SO WITHOUT CREATING LIABILITY FOR THE CITY, WHAT WAS STAFF'S REASONING FOR ASKING FOR A BAN? YEAH.

SO I THINK THE GENESIS WAS THAT WITH THIS WAS WITH THE, THE CITY COUNCIL IT WAS A DISCUSSION ITEM AT THE DECEMBER MEETING AND STAFF WAS RECOMMENDED TO, THERE WAS A CONSENSUS FOR STAFF TO MOVE FORWARD WITH FIGURING OUT HOW TO MINIMIZE OR OR WHAT RESTRICTIONS WERE POSSIBLE. AND THIS IS THE ONLY POSSIBLE WAY TO ADDRESS OVERCONCENTRATION.

SO THE DESIRE TO HAVE IT BANNED ISN'T NECESSARILY COMING FROM STAFF AS MUCH AS IT'S COMING FROM CITY COUNCIL ASKING STAFF TO FIGURE OUT A LIMITATION.

CORRECT. OKAY. ALL RIGHT. I DON'T KNOW FOR WHAT IT'S WORTH.

I MEAN, A SIMPLE GOOGLE SEARCH SHOWS THERE'S 13 IN PALM BAY.

YEAH, THERE'S NOT 2 OR 3. THERE'S 13. I DON'T KNOW, I DON'T SMOKE WEED.

I DON'T KNOW IF THAT'S I DON'T KNOW IF THAT'S OFFICIAL ENOUGH FOR YOU. BUT THERE'S 13 IN PALM BAY. YEAH, I, I, I COULDN'T, I COULDN'T GIVE YOU THAT OFFICIAL NUMBER AND I WOULDN'T WANT TO SPECULATE.

SO I THINK WE ALL TOOK A PUFF OR TWO IN THE 90S OR 60S OR 70S, BUT IT'S GOTTEN WAY OUT OF CONTROL.

I THINK THAT WE NEED TO REIN THEM IN. WELL, LET'S HAVE OUR PUBLIC HEARING UNLESS THERE'S ANY FURTHER QUESTIONS FOR STAFF.

I JUST WANTED TO ASK. SO IF THESE ARE ALLOWED, IF WE DON'T PUT THE BAND ON, THEN THESE FACILITIES WOULD BE ABLE TO BASICALLY DO WHATEVER THEY WANTED. NO LICENSING, NO INSPECTION, NO PERMITTING, BASICALLY.

HAVE AT IT KIND OF THING. THERE MAY BE STATE LEVEL OTHER STATE LEVEL REQUIREMENTS THAT THEY HAVE TO MEET THAT, THAT THE CITY IS NOT ALLOWED TO GET INVOLVED WITH.

SO IT DOESN'T MEAN THAT THERE'S NOT THAT THERE'S NO REGULATION AT ALL.

BUT AS A MUNICIPALITY, WE HAVE NO LEGAL AUTHORITY TO, TO REGULATE THEIR ACTIVITIES.

GOTCHA. THANK YOU, MR. CHAIR. I'VE GOT A QUICK QUESTION.

SURE. IS THERE ANY INFORMATION THAT YOU GUYS HAVE AS FAR AS WHAT THE CONCENTRATION IS OF FACILITIES IN PALM BAY VERSUS NEIGHBORING CITIES? YEAH. AGAIN, I APOLOGIZE. I DON'T HAVE THOSE NUMBERS FOR THE BOARD.

I WOULD BE HAPPY TO PROVIDE AN UPDATE BASED ON THAT INFORMATION.

WE MAY HAVE SOME FOLKS HERE FROM THE PUBLIC THAT WISH TO SPEAK ON THIS ISSUE. SO I THINK WE'RE GOING TO MOVE FORWARD WITH A PUBLIC HEARING. WE'LL GO AHEAD AND HAVE THAT. AND AFTERWARDS, IF WE DECIDE TO MAYBE TABLE IT FOR MORE INFORMATION, WE CAN GO FORWARD IN THAT REGARD.

SO THANK YOU, MA'AM. YES, SIR. WITH THAT, I'M GOING TO GO AHEAD AND OPEN THE PUBLIC HEARING FOR ALL BEFORE I BEGIN, I APOLOGIZE. THE ATTORNEY HAS ASKED ME TO ASK ABOUT THIS.

ANY OF THE MEMBERS OF THE BOARD WHO HAVE HAD ANY KIND OF EX PARTE CONVERSATIONS AS IT GOES TOWARDS THIS AGENDA ITEM, PLEASE SPEAK NOW. HEARING NONE, WE'LL GO AHEAD AND MOVE FORWARD.

[00:15:06]

THE BAN, OR. I'M JUST WANTING TO SEE WHICH WAY THE ITEM WAS WAS LISTED IN FAVOR OF THE BAN.

THEN GO AHEAD AND APPROACH THE PODIUM. SEEING.

BUT THIS WASN'T WHAT I CAME FOR TODAY. BUT I'LL SPEAK ON IT.

I THINK THERE ARE QUITE ENOUGH OF THOSE EVERYWHERE.

NAME? ADDRESS. I'M SORRY. YOU'RE SURE? GINA CHOQUETTE 1425 NAPPANEE STREET, NORTHWEST.

YOU WANT ME TO REPEAT WHAT I SAID? YOU CAN START FROM THE BEGINNING.

GO FOR IT. OKAY. EVERYWHERE YOU LOOK, THEY'RE ALL OVER.

I. I GOOGLED IT, TOO. I THINK ONE OF YOU MUST HAVE DONE THAT AND CAME UP WITH 13.

THAT'S THAT'S WHAT I FOUND TOO. FOR PEOPLE THAT WANT TO BUY THOSE THINGS, I, THERE'S NO SHORTAGE OF COMPETITION.

SO I AM FOR THE BAN AND THIS IS CASE NUMBER. ACTUALLY, IT DOESN'T HAVE ONE.

YOU CAN PUT AMENDMENT RELATED TO CANNABIS IF YOU WOULD LIKE.

ANYBODY ELSE THAT WOULD LIKE TO SPEAK IN FAVOR OF THE BAN? IF SO, PLEASE COME FORWARD. HEARING NONE. WE'LL CLOSE FOR THE BEING IN FAVOR.

ANY OF THOSE WHO ARE OPPOSED TO THE BAN, PLEASE COME FORWARD AND SPEAK NOW.

I DIDN'T GET ANY PAPERWORK. THAT'S ALL RIGHT.

THERE'S ONE HERE AT THE AT THE PODIUM YOU CAN GRAB.

WRITING AS FAST AS I CAN. NO. YOU'RE FINE.

THANK YOU. MA'AM. SIR. THANK YOU. GOOD EVENING EVERYBODY.

MY NAME IS BYRON BOYER. YOU'RE GOING TO NEED TO SAY IT INTO THE MICROPHONE FOR OUR SECRETARY.

GOOD EVENING. MY NAME IS BYRON BOYER. I LIVE AT 2218 JOSHUA DRIVE IN PALM BAY, FLORIDA.

WHENEVER I SEE ANY BUSINESS BEING. ISOLATED, IT KIND OF BOTHERS ME.

AND IN THIS SPECIFIC INCIDENCE. SO WE SAY THAT THERE ARE 13 ESTABLISHMENTS, BUT NOBODY HERE KNOWS WHAT THE CONCENTRATION IS.

THE YOUNG LADY WHO CAME UP TO GIVE THE PRESENTATION TO YOU DIDN'T EVEN KNOW HOW MANY WERE IN PALM BAY, SO SHE COULDN'T GIVE YOU A ROUGH NUMBER. SHE COULDN'T GIVE YOU AN OFFICIAL NUMBER. SHE COULDN'T GIVE YOU ANYTHING. SHE DOESN'T KNOW, IT SEEMS TO ME. SO ALL I SEE WHEN I SEE THESE DISPENSARIES, WE HAVE 13 PALM BAY IS PRETTY BIG AREA WISE.

IT'S A BIG PLACE, ISN'T IT? THE NEXT THING I WANT TO SAY IS WHAT I'VE NOTICED WITH DISPENSARY BUILDINGS IS THEY TAKE OLD BUILDINGS THAT HAVE BEEN SITTING ABANDONED FOR YEARS.

THEY REFURBISH THEM, THEY TURN THEM INTO A BUSINESS WHERE PEOPLE HAVE JOBS AND ARE MAKING MONEY.

NOW, IF WE THINK THAT THERE'S TOO MANY OF THESE, WE NEED TO DECIDE HOW MUCH THAT IS BEFORE WE JUST START.

WELL, WE'RE JUST GOING TO CLOSE THIS DOWN. I DON'T THINK THIS HAS BEEN WELL THOUGHT OUT.

THE COUNCIL SEEMS TO HAVE GOTTEN TO BE IN THEIR BONNET, AND THEY WANT THIS DONE.

AND I'D LIKE YOU TO THINK VERY HARD ABOUT THIS.

I THINK THESE ACTUALLY ARE. I DON'T THINK THEY'RE A DETRIMENT, CERTAINLY TO THE TOWN.

AND I THINK IN MANY CIRCUMSTANCES THEY'RE A POSITIVE FOR THE TOWN.

AGAIN, I'M GOING TO REMIND YOU, YOU KNOW, EVERY ONE OF THE FLOWERY EVERY ONE OF THOSE WERE SITTING EMPTY FOR YEARS.

WAGON WHEEL WAS THE YOUNGEST. AND WAGON WHEEL HAS BEEN CLOSED FOR A YEAR NOW.

WE HAVE NEW REFURBISHED BUILDINGS, JOBS. YOU WANT TO CLOSE THE DOOR ON THAT? THANK YOU. THANK YOU SIR. I'D LIKE TO BE ABLE TO TAKE MY DAUGHTER TO PUBLIX WITHOUT SMELLING A STINKING WEED EVERY TIME WE GO.

ALL RIGHT. ALL RIGHT. I WOULD LIKE TO SAY THIS.

HOLD ON, HOLD ON. WE'RE NOT GOING TO GET INTO AN ARGUMENT. OKAY. THERE ARE LAWS ON THE BOOKS ABOUT DRINKING IN PUBLIC OR ANYTHING ELSE, AND THOSE SHOULD BE ENFORCED. YES, SIR. I APPRECIATE THAT. YOU SHOULD BE ABLE TO TAKE YOUR CHILD OUT ANYWHERE IN PUBLIC AND NOT SEE DRINKERS OR SMOKERS.

YES, SIR. AND I'LL JUST FILL THIS OUT OVER HERE IN CASE.

OKAY. IF THERE'S ANYBODY ELSE THAT WOULD LIKE TO STEP FORWARD.

BILL. BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

MY PRIMARY GRIPE ABOUT THIS ONE IS I HAVE A CITY COUNCIL THAT SAID THEY WERE FOR SMALL BUSINESSES IN THE CITY OF PALM BAY.

[00:20:09]

ALL KINDS OF THINGS THAT I DON'T AGREE WITH. BUT THAT'S WHAT THEY'RE TRYING TO DO AND PROMOTE THOSE THINGS.

WELL, THEY'RE ALSO WHEN THEY DO SOMETHING LIKE THIS, THEY ARE HINDERING BUSINESS, SMALL BUSINESS WITHIN THE CITY OF PALM BAY.

I DON'T SMOKE, SO IT'S NOT GOING TO AFFECT ME PERSONALLY, BUT IT WILL AFFECT THE BOTTOM TAX DOLLAR.

IF WE START SAYING, WELL, WE WANT THIS BUSINESS, WE WANT THAT BUSINESS, BUT WE CAN'T HAVE THIS BUSINESS.

WHEN YOU START REGULATING THE SMALL BUSINESSES THAT COME INTO YOUR CITY, THEN EVENTUALLY YOU'LL STOP HAVING THAT TAX DOLLAR REVENUE.

THANK YOU. THANK YOU. ANYBODY ELSE THAT WOULD LIKE TO STEP FORWARD AND SPEAK FOR THE PUBLIC? HEARING? HEARING NONE. WE'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK.

THE STAFF HAVE ASKED FOR AN OPPORTUNITY TO SPEAK AGAINST THIS OR TO SPEAK ABOUT THIS FURTHER.

SO I'LL GO AHEAD AND HAND IT BACK TO THE STAFF.

WOULD YOU LIKE TO SPEAK TO ANY OF THE COMMENTS FROM THE PUBLIC HEARING? MR. CHAIR, I HAVE NOTHING TO ADD. MY JOB IS TO EXPLAIN THE LAWS THAT EXIST TO YOU.

THE ORDINANCE IS DRAFTED. IT'S UP TO THE BOARD TO MAKE A RECOMMENDATION.

OKAY. THANK YOU. SO I'LL BRING IT BACK TO THE BOARD AND ASK FOR A MOTION.

I'LL MAKE THE MOTION TO ADOPT THIS BAN. SECOND.

ALL RIGHT. LET ME GET THIS RIGHT. THIS IS PHILIP BARRETO, MR. CHAIR, WHO MADE THE MOTION, I APOLOGIZE. MR. NORRIS MADE IT.

MR. NORRIS MADE THE FIRST, AND THEN MR. MCNALLY MADE THE SECOND.

YES, SIR. THANK YOU. OKAY, NOW WE CAN OPEN IT UP FOR DISCUSSION.

ANY COMMENTS FROM THE BOARD? MR. CHAIR, I GUESS I'LL START.

MY WORRY IS ABOUT THE NATURE OF THE BUSINESS. IT'S JUST THE NATURE OF THE THE ABILITY FOR PALM BAY TO HAVE CONTROL OVER THEIR OWN DESTINY. ONCE AGAIN, IT DOESN'T AFFECT ME PER SE OF WHAT'S HAPPENING IN THE FOUR WALLS, BUT IF IT'S ALL OR NOTHING, I WOULD RATHER HAVE ALL THE CONTROL WITHIN PALM BAY. YOU KNOW, I UNDERSTAND IT MAY NOT BE OFFICIAL, BUT WE HAVE PLENTY OF TECHNOLOGY TO TELL US THAT THERE'S 13 IN PALM BAY AND THERE'S TEN IN MELBOURNE. THERE'S PLENTY OF ABILITY TO GET THERE.

I'M SURE TRAFFIC ISN'T PACKED OUT THE OUT THE DOOR.

SO I'M IN FAVOR BECAUSE PALM BAY DESERVES THE CONTROL.

SO ANY OTHER COMMENTS FROM THE BOARD? MR. CHAIR, I'M GOING TO I'M GOING TO AGREE WITH A COUPLE MEMBERS OF THE PUBLIC HERE.

THIS IS A COMMERCIAL BUSINESS. PALM BAY HAS BEEN SEEKING COMMERCIAL BUSINESSES FOR QUITE A LONG TIME.

UNDERSTAND MAY NOT BE DESIRED. COMMERCIAL HOWEVER, IS COMMERCIAL NONETHELESS. ALSO DEPENDING ON THE HOW MANY PATIENTS PALM BAY HAS.

IT IS BASICALLY A PHARMACY FOR PEOPLE WHO NEED MEDICINE.

AND I CAN'T SEE MYSELF BANNING, BANNING THAT TO MY RECOLLECTION, I BELIEVE MR. CATALANO MIGHT BE ABLE TO CONFIRM, BUT OBVIOUSLY THERE'S PLENTY IN THE NORTHEAST.

MY COUNT WAS ONE IN THE NORTH NORTHWEST, ONE IN THE SOUTHEAST.

BUT I BELIEVE THERE'S ZERO IN THE SOUTHWEST. SO IF THERE IS PATIENTS OVER THERE IN THE BAYSIDE AREA, THEY HAVE TO GO ALL THE WAY TO PALM BAY ROAD OR WHAT HAVE YOU TO THE NORTHEAST SECTION TO BE ABLE TO PICK UP THEIR PRESCRIPTION. REGARDING THE STATE LEVEL THE WAY THIS, THIS IS MANAGED OR MONITORED ALL MARIJUANA OR CANNABIS IS MONITORED FROM SEED TO SEED TO SALE BY THE STATE.

SO THAT WAY IT DOESN'T FALL INTO THE WRONG HANDS OR ANYTHING LIKE THAT.

SO I'M NOT GOING TO BE THE ONE TO BAN THIS COMMERCIAL BUSINESS.

I'M SURPRISED THAT IT'S ACTUALLY CANNABIS BEING BANNED INSTEAD OF DOLLAR GENERALS AND STORAGE SHEDS.

HOWEVER THAT'S THE WAY I STAND ON THIS AND I'LL BE VOTING NO ON THIS.

THANK YOU. OKAY. ANYBODY ELSE? I WOULD LIKE TO MAKE A COMMENT FROM THE BOARD.

HEARING NONE, I'M GOING TO CALL FOR THE VOTE. BUT HOW I'M GOING TO DO THIS IS ACTUALLY BY THE ROLL, BECAUSE IT SOUNDS LIKE WE'RE GOING TO HAVE FOLKS GO A NUMBER OF DIFFERENT WAYS ON THIS. MR. WARNER. YAY OR NAY IN TERMS OF SUPPORTING THE BAN.

YAY NAY. YAY! OH, OKAY. THANK YOU, MR. CATALANO.

YAY! MR. FILIBERTO NAY, MR. HIGGINS. YAY! MR. MCNALLY. YAY, MR. NORRIS! YAY! I AM ALSO AN EYE.

ALL RIGHT, THE AYES HAVE IT. THANK YOU VERY MUCH.

ARE WE GOOD TO GO? ALL RIGHT. WE'RE GOING TO GO AHEAD AND MOVE FORWARD WITH CU25-00003.

[NEW BUSINESS:]

[00:25:06]

SORRY. I CAN PUSH MY CHAIR IN. GOOD EVENING. LET ME GET TO THE SLIDE. OKAY.

GOOD EVENING, CHAIR AND MEMBERS OF THE PLANNING AND ZONING BOARD. FOR THE RECORD, DEBBIE FLYNN, ASSISTANT GROWTH MANAGEMENT DIRECTOR, THIS IS KCU2500003.

A REQUEST FOR A CONDITIONAL USE APPROVAL TO ALLOW FUEL STATION WITH A DRIVE THRU WITHIN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT.

THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF EMERSON DRIVE AND GLEN COVE AVENUE.

PURSUANT TO THE CITY'S LAND DEVELOPMENT CODE, THESE ARE REQUIRED DISCRETIONARY REVIEW AND APPROVAL AND ARE NOT PERMITTED BY RIGHT WITHIN THE ZONING DISTRICT. THE PLANNING AND ZONING BOARD'S ROLE THIS EVENING IS TO EVALUATE THE REQUEST BASED ON THE APPLICABLE CONDITIONAL USE REVIEW CRITERIA AND PROVIDE A RECOMMENDATION TO CITY COUNCIL FOR FINAL CONSIDERATION.

STAFF HAS REVIEWED THE REQUEST FOR CONSISTENCY WITH APPLICABLE PROVISIONS OF THE LAND DEVELOPMENT CODE, INCLUDING THE CONDITIONAL USE REVIEW CRITERIA AND SUPPLEMENTAL STANDARDS FOR FUEL STATIONS.

THE SUBJECT PROPERTY IS PART OF A LARGER 12.9 ACRE PARCEL, WITH THE PROPOSED DEVELOPMENT CONCENTRATED ON APPROXIMATELY 2.7 ACRES AT THE EASTERN PORTION OF THE SITE. THE FUTURE LAND USE DESIGNATION COMMERCIAL AND ZONING IS NEIGHBORHOOD COMMERCIAL, WHICH IS INTENDED TO ACCOMMODATE NEIGHBORHOOD SERVING RETAIL SERVICE USES ALONG COLLECTOR ROADWAYS.

THIS SITE IS CURRENTLY VACANT AND HAS FRONTAGE ALONG EMERSON DRIVE NORTHWEST, A MAJOR COLLECTOR ROADWAY AND ADDITIONAL ACCESS FROM GLEN COVE AVENUE, NORTHWEST. THE LOCATION AT THE SIGNALIZED INTERSECTION ALONG THE COLLECTOR ROADWAY SUPPORTS CONSIDERATION OF COMMERCIAL USES, SUBJECT TO COMPATIBILITY AND SITE DESIGN STANDARDS.

THE SURROUNDING AREA CONSISTS OF SINGLE FAMILY RESIDENTIAL USES TO THE NORTH AND EAST, VACANT INSTITUTIONAL COMMERCIAL LAND TO THE WEST, COMMERCIAL AND VACANT LAND TO THE SOUTH ACROSS FROM EMERSON DRIVE.

THERE ARE CURRENTLY NO OPERATING FUEL STATIONS IN THE IMMEDIATE VICINITY OF THE SITE.

HOWEVER, A CONDITIONAL USE APPROVAL FOR A SEPARATE FUEL STATION AT THE SOUTHWEST CORNER OF THE INTERSECTION WAS APPROVED ON DECEMBER 7TH, 2023 THROUGH RESOLUTION 2020 345. THE APPROVAL HAS NOT YET BEEN COMMENCED AS THE APPLICANT HAS OBTAINED SITE PLAN APPROVAL OR REQUIRED PERMITS. A ONE YEAR ADMINISTRATIVE EXTENSION WAS APPROVED BY THE GROWTH MANAGEMENT DEPARTMENT, EXTENDING THE CONDITIONAL USE APPROVAL THROUGH DECEMBER 7TH, 2026.

TABLE 1732 OF THE CODE OF ORDINANCE IDENTIFIES PERMITTED AND CONDITIONAL USES WITH THE COMMERCIAL ZONING DISTRICT AND THE NEIGHBORHOOD COMMERCIAL DISTRICT.

FIRE STATION. FIRE. SORRY. FUEL STATIONS ARE CLASSIFIED AS CONDITIONAL USES.

DRIVE THRU ESTABLISHMENTS ARE ALSO CLASSIFIED AS A CONDITIONAL USE AND ARE SUBJECT TO ADDITIONAL CRITERIA.

BECAUSE THESE ARE NOT PERMITTED BY RIGHT, THEY ARE REQUIRED.

THEY ARE REQUIRED. DISCRETIONARY REVIEW THROUGH THE CONDITIONAL USE PROCESS.

THE TABLE ALSO INCLUDES SPECIFIC NOTES, INCLUDING REQUIREMENTS THAT DRIVE THRU CAN CAN BE LOCATED ON AN ARTERIAL OR COLLECTOR ROADWAY.

THE SUBJECT PROPERTY HAS FRONTAGE ON EMERSON DRIVE, NORTHWEST, WHICH IS CLASSIFIED AS A MAJOR COLLECTOR AND THEREFORE MEETS THIS LOCATION REQUIREMENT. BASED ON THE TABLE, THE PROPOSED USES ARE ALLOWABLE WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT, SUBJECT TO APPROVAL OF THE CONDITIONAL USE REQUEST AND COMPLIANCE WITH ALL APPLICABLE STANDARDS.

THE APPLICANT PROVIDED NOTICE OF A CITIZEN PARTICIPATION PLAN MEETING ON MARCH 31ST, 2025 TO PROPERTY OWNERS WITHIN 500FT.

THE CPW MEETING WAS HELD ON APRIL 22ND, 2025 AT THE FRANKLIN DEGROOT PUBLIC LIBRARY.

TWO INDIVIDUALS ATTENDED, INCLUDING THE APPLICANT AND ONE MEMBER OF THE PUBLIC.

PUBLIC COMMENTS WERE RECEIVED AND WAS INCLUDED IN THE APPLICATION MATERIALS, WHICH WAS IN YOUR PACKET.

THE REQUEST HAS BEEN REVIEWED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE LAND DEVELOPMENT CODE, INCLUDING SECTION 172024 F CONDITIONAL USE REVIEW CRITERIA SECTION 173021 SCHEDULE OF USES AND SECTION 174041 SUPPLEMENTAL STANDARDS FOR FUEL STATIONS.

AS PART OF THE REVIEW, STAFF EVALUATED ACCESS AND CIRCULATION PARKING UTILITIES BUFFERING IN THE OVERALL COMPATIBILITY OF THE PROPOSED USE WITH SURROUNDING

[00:30:07]

UTILITIES ARE AVAILABLE OR CAN BE EXTENDED TO SERVE THE SITE, AND BUFFERING AND SITE DESIGN ELEMENTS HAVE BEEN INCORPORATED TO HELP MITIGATE IMPACTS TO ADJACENT RESIDENTIAL PROPERTIES. IT IS. IT'S A CONSIDERATION OF REQUESTS.

THE BOARD SHOULD EVALUATE WHETHER THE PROPOSED USE AS DESIGNED AND OPERATED IS COMPATIBLE WITH THE SURROUNDING LAND USES, AND WHETHER IT AVOIDS CREATING A NUISANCE HAZARD OR OTHER ADVERSE IMPACTS IMPACTS TO THE SURROUNDING AREA.

NEXT IS THE ABBREVIATED SITE PLAN THAT THE APPLICANT PROVIDED.

IT ILLUSTRATES BUILDING PLACEMENT, ACCESS POINTS, PARKING LAYOUT, AND INTERNAL CIRCULATION.

THE SITE IS DESIGNED WITH TWO ACCESS POINTS A RIGHT IN, RIGHT OUT DRIVEWAY ON EMERSON DRIVE AND A FULL ACCESS DRIVEWAY IN GLEN COVE AVENUE SUPPORTING SAFE AND EFFICIENT TRAFFIC FLOW. KEY DESIGN ELEMENTS INCLUDE SEPARATION OF FUELING AREAS, DRIVE THROUGH CIRCULATION AND PARKING TO REDUCE CONFLICTS AND IMPROVE SITE FUNCTIONALITY.

A TOTAL OF 42 PARKING SPACES ARE PROVIDED CONSISTENT WITH CODE REQUIREMENTS, ALONG WITH DESIGNATED LOADING AREAS.

THE LAYOUT INCORPORATES SETBACKS, BUFFERING AND ORIENTATION OF MORE INTENSIVE USES AWAY FROM THE ADJACENT RESIDENTIAL PROPERTIES TO MINIMIZE IMPACTS.

THE TRAFFIC IMPACT ANALYSIS CONCLUDED THAT ADJACENT ROADWAY SEGMENTS AND INTERSECTIONS ARE EXPECTED TO OPERATE AT ACCEPTABLE LEVELS OF SERVICE UNDER BUILD OUT CONDITIONS, AND PROPOSE ACCESS CONFIGURATIONS TO SUPPORT FACE SAFE OPERATIONS.

A WESTBOUND RIGHT TURN LANE ON EMERSON DRIVE IS PROPOSED TO FURTHER ENHANCE TRAFFIC FLOW AND SITE ACCESS.

FINAL DETAILS INCLUDING LANDSCAPING, LIGHTING, DRAINAGE ENGINEERING DESIGN WILL BE ADDRESSED DURING ADMINISTRATIVE SITE PLAN REVIEW PROCESS. THE PLANNING AND ZONING BOARD IS ASKED TO CONSIDER THE APPLICATION, STAFF ANALYSIS AND PUBLIC INPUT.

THE BOARD MAY RECOMMEND APPROVAL, APPROVAL WITH CONDITIONS OR DENIAL TO CITY COUNCIL.

CITY COUNCIL WILL MAKE THE FINAL DETERMINATION AT A PUBLIC HEARING.

THE SITE. THE SLIDE PROVIDES EXAMPLES OF THE BOARD'S CONSIDERATION.

THESE INCLUDE APPROVAL, APPROVAL WITH CONDITIONS OR DENIAL.

THE BOARD MAY MODIFY THE MOTION OR CONDITIONS AS APPROPRIATE.

BASED ON THE FINDINGS, STAFF HAS PRESENTED THE ANALYSIS OF THE REQUEST IN RELATION TO THE APPLICABLE CODE CRITERIA.

THE BOARD SHOULD CONSIDER WHETHER THE REQUEST MEETS THOSE CRITERIA AND DETERMINE THE APPROPRIATE RECOMMENDATION TO CITY COUNCIL.

ON YOUR SLIDE TONIGHT IF YOU DO RECOMMEND WITH CONDITION, THE APPLICANT SHALL DESIGN AND CONSTRUCT A WESTBOUND RIGHT TURN LANE ON EMERSON DRIVE AS GENERALLY DEPICTED IN THE CONCEPTUAL PLAN AND SUPPORTING TRAFFIC IMPACT ANALYSIS.

FINAL DESIGN, PERMITTING AND CONSTRUCTION SHALL BE COMPLETED IN ACCORDANCE TO THE CITY STANDARDS AND ANY APPLICABLE AGENCY REQUIREMENTS PRIOR TO ISSUANCE OF THE OCCUPANCY ON THE PREVIOUS ON THE CONCEPT SLIDE. DOWN HERE.

THE TRAFFIC STUDY DID NOT SHOW IT WAS WARRANTED.

HOWEVER, THE APPLICANT IN THEIR TRAFFIC STUDY SAID THAT THEY WERE CONSTRUCT THIS TURN LANE INTO THE DEVELOPMENT.

THE APPLICANT IS HERE TONIGHT TO PRESENT AS WELL.

AND STAFF IS HERE TO ANSWER ANY QUESTIONS. THANK YOU.

ANY QUESTIONS FOR STAFF BEFORE WE PROCEED? I DO HAVE A QUESTION.

IF THERE IS A QUESTION FROM THE BOARD. I'M LOOKING AT THE MAP HERE.

AND MAYBE IT'S JUST BECAUSE THE MAPS OR THE SITE PLANS ARE SPUN IN OUR PACKET, BUT IT LOOKS LIKE THE PARCEL IS LARGER THAN WHAT THE SITE PLAN SAYS IS GOING TO BE.

YES IT IS. SO. SO WHAT'S THE REST OF THE PROPERTY GOING TO BE USED FOR? WE DON'T KNOW YET. RIGHT NOW IT'S JUST THIS PART IS THE GAS STATION.

AND EVENTUALLY TO ALLOW A DRIVE THROUGH AS WELL IN THE FUTURE.

OKAY. SO WE'RE NOT ACTUALLY GOING TO BE GRANTING ANY SPECIAL USE TO THE PIECES OF THE PROPERTY, THE EXCEPT FOR THE GAS STATION, OR IS IT GOING TO APPLY TO THE ENTIRE PARCEL? THE CONDITIONAL USE IS FOR THE GAS STATION FOR THE.

IT'S THE ENTIRE PARCEL, BUT THE GAS STATION WILL ONLY BE 2.7 ACRES OF THE ENTIRE PARCEL.

TONIGHT IT'S JUST THE CONDITIONAL USE TO ALLOW A GAS STATION.

WE DON'T KNOW WHAT THE. WHAT'S GOING TO BE ON THE REST OF THE.

THE LARGER PARCEL. IF WE WERE TO. APPROVE THIS, COULD 18 WHEELERS GO ONTO THAT AS A

[00:35:03]

IT'S NOT GOING TO. THIS IS THE CONCEPTUAL PLAN ON YOUR SCREEN IS THE SIZE OF THE GAS STATION, NOT A TRUCK STOP. RIGHT? I'M JUST TALKING ABOUT WHAT? THE REST OF THE PROPERTY, THE REST OF THE PROPERTY. ARE WE GRANTING THAT SOMETHING LIKE THAT COULD HAPPEN? NO, NO.

THE REST OF PROPERTY COULD. I'M JUST MAKING IT UP. COULD BE A MCDONALD'S OR SOMETHING ELSE.

WE DON'T KNOW WHAT IT'S GOING TO BE IN THE FUTURE. OKAY. THANK YOU.

ANY OTHER QUESTIONS FROM THE BOARD? YES. YES, SIR.

SO THE AREA THAT THAT THE CHAIR WAS JUST SPEAKING ON, THAT'S THE SECOND CORNER LOT THAT'S REFERENCED IN THE.

NO, I'LL SHOW YOU ON THE SCREEN. SO IF YOU SEE LET ME GET THIS.

RIGHT HERE. THIS IS THE WHOLE 12 POINT ACRES.

SO THAT'S THE WHOLE LOT HERE. BUT THEY'RE ONLY USING PART OF IT FOR THE GAS STATION.

THE REST OF IT COULD BE FOR USED FOR SOMETHING ELSE.

THAT'S AN ALLOWABLE USE WITHIN THAT ZONING DISTRICT.

THIS IS A CONDITIONAL USE IN THAT ZONING DISTRICT.

AND CONDITIONAL USES ARE REQUIRED TO GO TO PLANNING AND ZONING FOR RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OR DENIAL OR APPROVAL WITH CONDITIONS.

AND WHEN DID THIS GET ZONED TO OR REZONE TO THE NC DESIGNATION? IT'S BEEN NC. IT'S BEEN IN USE FOR. OKAY. SO IT'S TWO.

TWO ACRES FOR THE GAS STATION OUT OF 12 TOTAL.

IT'S 2.7 ACRES FOR THE GAS STATION AND A LITTLE OVER 12 TOTAL.

I DO HAVE AN ADDITIONAL QUESTION, SO THAT KIND OF HELPS ME UNDERSTAND.

SORRY, THAT HELPS ME UNDERSTAND WHAT'S GOING TO BE HAPPENING TO THE LEFT AS THAT'S STILL THEIR PROPERTY.

TBD WHAT IS GOING TO BE DONE TO THE RIGHT AND THE I SEE WE HAVE A POND AREA.

SO THAT'S, YOU KNOW, QUITE A BIT OF BUFFER FOR THE THE AREA THAT'S SHADED OUT THE GAS STATIONS ALONG GLEN COVE AND EMERSON DRIVE. RIGHT. BUT I'M LOOKING AT YOUR, YOUR SITE PLAN.

SO I SEE THAT, YOU KNOW, TO THE LEFT, YOU KNOW, YOU'VE GOT IT'S GOING TO BE THE REST OF HIS PROPERTY.

YOU MIGHT TURN IT INTO A MCDONALD'S. I SEE TO THE REAR, WE'VE GOT A POND AREA, WHICH IS A SIGNIFICANT BUFFER FOR THE NEIGHBORS THAT ARE THERE.

I'M LOOKING AT THE RIGHT AND THAT'S, I THINK, GLEN COVE.

CAN YOU SPEAK TO WHAT KIND OF BUFFER IS GOING TO EXIST FOR THOSE RESIDENTS? BECAUSE IT LOOKS LIKE THERE'S BY THE DASHING OF THAT LINE, IS THAT A ROAD OR IS THAT A SETBACK? ARE YOU TALKING ABOUT RIGHT HERE? THAT'S NO NO NO NO.

NEXT TO GLEN COVE ON THE PROPERTY. I'M TALKING ABOUT WHAT THE BUFFERING IS GOING TO BE. OH, RIGHT. IN HERE. YEAH. WHAT ARE THEY GOING TO DO. THEY'RE GOING TO PUT A FENCE. THEY PUT ENOUGH GREENERY. YOU KNOW WHAT'S REQUIRED. THE APPLICANT. WELL THIS IS A CONCEPTUAL PLAN.

THIS IS A CONCEPTUAL PLAN. SO THE DETAILS ARE NOT REQUIRED AT THIS TIME.

YOU WOULD HAVE TO ASK THE APPLICANT WHEN THEY COME UP AND SPEAK. BUT WE DON'T HAVE A REQUIREMENT OF WHAT THAT WOULD LOOK LIKE. NO NOT RIGHT NOW.

THEY WOULD HAVE RIGHT NOW IS THE CONDITIONAL USE FOR THE GAS STATION AND AND FUEL STATION FOR OUR CODE, THE FUEL STATION REQUIREMENTS. AND THEY ARE REQUIRED TO HAVE BUFFERS.

OKAY. YEP. ANY OTHER QUESTIONS FROM THE BOARD FOR STAFF.

I JUST HAD ONE THAT SAYS IT'S A DRIVE THROUGH.

WHAT IS IT? WHAT ARE THEY DRIVING THROUGH FOR? WHAT IS THE PRODUCT? IS IT SNACKS OR WHAT DO THEY DRIVE? WHAT'S THE DRIVE THROUGH ALL ABOUT? LIKE THE APPLICANT WOULD HAVE TO COME IN.

WE DON'T KNOW WHAT THE DRIVE THROUGH LOCATION IS YET.

THE CONDITIONAL USE IS JUST FOR THE GAS STATION TONIGHT.

GOTCHA. THANK YOU. SO SINCE THE CONDITIONAL USE IS ONLY FOR THE FUEL, THEN THERE HAS TO BE A SEPARATION.

THEN FOR THE REST OF THE FOR THE REST OF THE LOT.

YES. YOU HAVE ANY IDEA WHAT THAT DESIGNATION IS? THE SEPARATION BUFFER BETWEEN THE REST OF THE LOT, BETWEEN WHAT'S NOT BEING DEVELOPED? CORRECT. I'M SORRY. SO THE WHOLE PARCEL IS GOING TO BE NEIGHBORHOOD COMMERCIAL? YES. THE COMPLETE PARCEL, THE COMPLETE PARCELS NEIGHBORHOOD COMMERCIAL TONIGHT IS JUST TO ALLOW A FUEL FUEL STATION.

SO TO SEE, YOU SHOULD ONLY BE APPLIED TOWARDS THE FUEL STATION.

YES. OKAY. I HAVE ONE MORE QUESTION. DRIVE THROUGH.

I'M SORRY. THE CONDITIONAL USE FOR DRIVE THROUGH DRIVE THRUS HAVE TO BE ALLOWED ON A COLLECTOR ROAD.

OKAY. I JUST HAVE ONE MORE QUESTION. IS THERE ANY BEEN ANY TESTING AS FAR AS HOW THE VAPORS FROM THE. OR MAYBE THE APPLICANT IS GOING TO ADDRESS THAT.

HOW THE VAPORS ARE GOING TO AFFECT THE NEARBY RESIDENTS OF THE GASOLINE.

IS THERE ANY STUDIES BEEN DONE THAT WOULD HAVE TO BE WITH THE APPLICANT? OKAY. THANK YOU. ALL RIGHT. WITH THAT, WE'LL HAVE THE APPLICANT COME FORWARD.

[00:40:12]

I NEED MY GLASSES. I'M AT THAT AGE. MY NAME IS CARMINE FERRARO.

CROSSOVER COMMERCIAL GROUP, 4265 COUTURE ROAD, PORT SAINT JOHN 32927.

I AM HERE THIS EVENING REPRESENTING THE LANDOWNER OF RECORD AS THE APPLICANT, ASKING YOU FOR A MOTION TO RECOMMEND APPROVAL OF A CU250003, A CONDITIONAL USE APPLICATION FOR A FUEL STATION AND CONVENIENCE STORE WITH AN END CAP LOCATION FOR A FOOD SERVICE PROVIDER WITH A DRIVE UP WINDOW.

THE PROPOSED PROJECT WOULD BE LOCATED AT THE NORTHWEST SIGNALIZED CORNER OF EMERSON AND GLEN COVE AVENUE.

I WANT TO MAKE A COUPLE OF OPENING COMMENTS, AND THEN I'LL LET THE PUBLIC GO AHEAD AND MAKE ANY COMMENTS THEY WANT, AND I CAN COME BACK AND ANSWER SPECIFIC QUESTIONS OF THE BOARD AND OF WHAT THE PUBLIC ADDRESSES.

BUT I WANT TO JUST SAY THAT WE'VE BEEN WORKING WITH STAFF FOR ABOUT SIX MONTHS NOW.

WE STARTED THIS PROCESS LAST YEAR, AND WE'VE BEEN WORKING DILIGENTLY WITH STAFF TO PROVIDE, THROUGH OUR CIVIL ENGINEER AND THROUGH OUR TRAFFIC CONSULTANT, THE KIND OF INFORMATION THAT WOULD GIVE YOU GUYS THE DETAILS YOU NEED TO DETERMINE, IS THIS A VIABLE SITE FOR THE GAS STATION? I WILL SAY THIS THAT WE ARE VERY PLEASED THAT THE STAFF REPORT, ALONG WITH THE REVIEW OF THE ADDITIONAL TRAFFIC STUDY WE'VE PROVIDED, MEETS ALL THE DEVELOPMENT STANDARDS TO SUPPORT APPROVAL OF THE CUP.

ADDITIONALLY, WE ARE GOING TO ADD THE ADDITIONAL RIGHT IN THE TURN LANE ON EMERSON TO HELP CONTINUE WITH THE FLOW OF TRAFFIC THAT GOES ALONG. EMERSON. SO WITH THAT, I'M GOING TO PULL ASIDE FOR A MINUTE, IF THAT'S OKAY.

LET THE PUBLIC SPEAK AND THEN COME BACK. UNLESS YOU WANT TO ASK ME QUESTIONS RIGHT NOW.

YEAH. NORMALLY WE ASK IF THE BOARD HAS ANY QUESTIONS OF THE APPLICANT.

WHAT'S THE REST OF THE TEN ACRES? DO WE KNOW? GOOD QUESTION. AT THIS TIME, THE APPLICANT. EXCUSE ME.

THE OWNER HAS NO INTENTION OR ANYTHING ON THE BOOKS THAT HE WANTS TO DEVELOP.

BUT THE PROPERTY IS ZONED NEIGHBORHOOD COMMERCIAL, AND THERE ARE A NUMBER OF USES THAT WOULD JUST BE PERMITTED, USES THAT WOULD ALLOW THE APPLICANT, THE OWNER, TO GO THROUGH THE ADMINISTRATIVE PROCESS OF CREATING A SITE PLAN, MEETING THE DEVELOPMENT CRITERIA GOING FORWARD.

I COULD SAY THAT THERE WILL BE OTHER TYPE OF NEIGHBORHOOD COMMERCIAL USES THAT WOULD BE SUPPORTED IN THAT TYPE OF A OF A ZONING, BUT NOTHING RIGHT NOW IS PLANNED. OKAY. ANY OTHER QUESTIONS OF THE APPLICANT? BEING THAT THE PROJECT RIGHT NOW SEEMS TO BE A MYSTERY, HOW MANY RESIDENTS DO YOU PLAN TO OR DO YOU THINK THAT THE COMMERCIAL PROJECT WILL SUPPORT AND HIRE? CAN YOU REPEAT THAT? I'M SORRY.

YES, SIR. HOW MANY RESIDENTS DO YOU THINK THIS PROJECT WILL WILL PROVIDE JOBS FOR? OH, IN TERMS OF WHAT THE GAS STATION WILL PROVIDE.

YES, SIR. SO THE REASON THAT WE WAITED, ANOTHER REASON WE WAITED WAS THIS BOARD, I WOULD IMAGINE, HEARD THE APPLICATION ACROSS THE STREET FOR A GAS STATION THAT HAD A CUP APPROVED LAST YEAR.

IS THAT CORRECT? WAS IT LAST YEAR THE ONE THAT'S DIRECTLY ON THE SOUTH SIDE? AND SO WE WANTED TO SEE THAT CUP APPROVED. AND THE REASON WE WANTED TO SEE THAT CUP APPROVED IS IT DIDN'T MAKE SENSE TO JUST BRING ONE GAS STATION TO THIS INTERSECTION.

WHEN THIS TYPE OF INTERSECTION IS DEVELOPED, THERE ARE TYPICALLY TWO GAS STATIONS, ONE ON THE GOING HOME SIDE AND THEN ONE ON THE GOING TO WORK SIDE. AND WHAT A LOT OF PEOPLE ON THAT TEN ACRE LOT, YOU KNOW, YOU COULD GET FOUR IN THERE IF YOU REALLY, THERE WOULD BE NOTHING ELSE ON. THERE WOULD BE NO OTHER GAS STATIONS ON THE LOT.

BUT IF YOU'RE ASKING ME WHY THIS IS GOING FORWARD AT THIS TIME, NOW THAT THE OTHER CUP WAS APPROVED AND THEY'RE GOING TO BE BUILDING A GAS STATION ACROSS THE STREET, IT MADE SENSE FOR US TO COME IN AT THIS POINT AND GO AHEAD AND SUBMIT OUR CUP FOR A GAS STATION AGAIN, FOR THE PURPOSE BEING THAT IF YOU HAVE TRAFFIC GOING DOWN BOTH SIDES OF A STREET AND YOU HAVE TO MAKE A RIGHT IN, RIGHT OUT TO GET TO YOUR GAS FUELING POSITION.

YOU'RE IN A MUCH BETTER SITUATION THAN HAVING TO MAKE A LEFT HAND TURN THROUGH AN INTERSECTION AND HAVING ALL THIS TRAFFIC WEAVING AROUND.

SO TYPICALLY, GAS STATIONS WILL DEVELOP WHEN THEY SEE OTHER GAS STATIONS DEVELOP.

NOW, I KNOW THIS CITY HAS IN ITS CODE A LIMIT TO ONLY TWO GAS STATIONS ON AN INTERSECTION.

[00:45:01]

I HAVE A QUESTION. LADIES AND GENTLEMEN, I UNDERSTAND THERE'S SOME STRONG FEELINGS ABOUT THIS, AND I'M GOING TO ASK THAT WE JUST RESPECT THOSE THAT ARE AT THE PODIUM. I UNDERSTAND THERE ARE FEELINGS ABOUT THIS.

WE'RE, OF COURSE, GOING TO ALLOW FOR YOU TO COME FORWARD AND VOICE THOSE, BUT WE'LL TRY TO KEEP A SENSE OF DECORUM IN THE ROOM.

PLEASE CONTINUE. DID I ANSWER YOUR QUESTION, SIR? AND IN A ROUNDABOUT WAY, YES, SIR. OKAY, WELL, I'M TELLING YOU WHAT I KNOW.

OKAY. AND AND, AND SO THAT'S WHAT I KNOW AT THIS POINT.

IN TERMS OF WHAT THEY WANT TO DEVELOP, IT HELPS YOU WHEN YOU ENLIGHTEN US AS MUCH AS YOU POSSIBLY CAN AS TO WHAT THE PROJECT IS, WHAT'S ACTUALLY GOING IN THERE, AND THEN HOW IT'S GOING TO BENEFIT THE RESIDENTS OF PALM BAY.

SO THAT THAT WAS THE PURPOSE OF THE QUESTION.

OKAY. MR. CHAIR, YOU WANTED TO MAKE A THANK YOU.

YEAH. I JUST WANTED TO ASK THE SAME QUESTION I ASKED THE STAFF IS, YOU KNOW, NOWADAYS THERE'S BEEN SOME ISSUES OR CONCERNS WITH FUEL AFFECTING RESIDENTS. I DON'T KNOW HOW FAR YOU WEIGH.

I MEAN, I CAN SEE IT LOOKS LIKE THERE'S HOUSES PRETTY CLOSE TO THE AREA, BUT HAVE YOU DONE ANY STUDIES TO SEE HOW FUMES FROM THE GAS IS GOING TO AFFECT, OR FOR THE FUEL OR WHATEVER IT'S GOING TO AFFECT THE NEIGHBORING COMMUNITY? NO, SIR. THERE WAS NO TYPE OF STUDY REQUESTED OF US TO TO DO THAT.

I WOULDN'T EVEN BE AWARE OF HOW TO CONDUCT A STUDY LIKE THAT.

WE WILL COMPLY WITH EVERYTHING THAT THE CITY OF PALM BAY REQUIRES US TO DO.

WE UNDERSTAND THIS IS JUST A FIRST STEP. IF THIS CUP IS APPROVED, THE NEXT STEP IS GOING TO BE TO GO AHEAD AND WORK THROUGH THE APPROVAL OF A SITE PLAN.

WORK THROUGH THE APPROVAL OF ARCHITECTURAL ELEVATIONS THAT ARE ACCEPTABLE AND WORK WELL WITH THE NEIGHBORHOOD.

SO THERE'S GOING TO BE SEVERAL STEPS THAT WOULD HAVE TO OCCUR.

AND THEN QUITE HONESTLY, THE FINAL STEP IS THEY GOT TO BUILD IT.

AND THAT'S A BIG HURDLE IN TODAY'S ECONOMY. SO THEY WILL ENTITLE IT.

AND THEN THEY WILL DO THEIR BEST TO FIGURE OUT HOW TO GET IT BUILT, AS EVERYBODY'S TRYING TO DO HERE.

THERE'S A LOT OF BUILDING GOING ON AT PALM BAY, I KNOW, BUT IT'S A HURDLE THAT HAS TO GET OVERCOME.

SO THIS WOULD BE STEP ONE OF, OF THOSE OF THOSE PROCESSES.

OKAY. THERE WAS A QUESTION DOWN HERE. YEAH. YOU'VE DONE VERY WELL TONIGHT.

I JUST I JUST WANT TO ASK WHERE'S THE DEVELOPER? DID WAS HE UNABLE TO COME IN OR DID HE JUST HIRE YOU TO REPRESENT HIM OR I REPRESENT HIM ON ALL OF HIS ENTITLEMENT MATTERS. ALL THE GAS STATIONS THAT HE DEVELOPS.

OH, THAT'S ANOTHER GOOD QUESTION. HOW MANY GAS STATIONS WOULD YOU SAY THAT YOU REPRESENTED THIS WAY? LIKE, HAS THERE BEEN TEN, 20, 100? WOW. A DOZEN OR SO THAT I'VE PRESENTED.

I'D SAY MAYBE 3 OR 4 HERE IN THE CITY OF PALM BAY.

OKAY. AND YEAH, I JUST HAD A QUESTION. I MEAN, OBVIOUSLY NOT ALL GAS STATIONS ARE ABOUT THE SAME.

DO YOU KNOW WHAT BRAND GAS STATION THIS AND THAT IS IT GOING TO BE, YOU KNOW, IS IT GOING TO BE ONE THAT'S WELL PUT TOGETHER IS GOING TO BE ONE THAT'S PUT DOWN THERE AND NO ONE WANTS TO LOOK AT. SO CUMBERLAND OR WAWA OR.

YEAH. RACETRAC. WHAT ARE YOU TALKING ABOUT HERE? SOMETHING TO BE PROUD OF. OR I COULD TELL YOU THAT.

WHAT MAJOR OIL IS PICKED IS A PROCESS THAT I'M NOT INVOLVED IN.

HOWEVER, THIS DEVELOPER HAS RELATIONSHIPS WITH EVERY SINGLE MAJOR OIL PROVIDER THAT PROVIDES GAS IN THE UNITED STATES.

SO IT'S GOING TO BE ONE OF THE MAJOR OIL PROVIDERS.

THERE'S A LOT THAT GOES INTO THAT. THERE'S THE RELATIONSHIP, THERE'S CONTRACTUAL OBLIGATIONS, THERE'S TERRITORY. THERE'LL BE ONE PROVIDER ON ONE SIDE, THERE'LL BE ANOTHER BRAND ON THE OTHER SIDE.

IT WOULD BE DOUBTFUL THAT THERE WOULD BE DUPLICATE BRANDS ACROSS THE STREET FROM EACH OTHER, BUT IT'LL BE ONE OF THE MAJOR BRANDS. HE IS A PREFERRED SHELL PROVIDER AND A PREFERRED BP PROVIDER, BUT HE'S ALSO PROVIDED ALL THE OTHER MAJOR BRANDS AS WELL.

THANK YOU, THANK YOU. OKAY. WELL, THANK YOU VERY MUCH.

WE'RE GONNA GO AHEAD AND HAVE OUR PUBLIC HEARING AND THEN WE WILL INVITE YOU BACK.

ALL RIGHT. I'M GOING TO OPEN UP THE PUBLIC HEARING, THOSE FROM THE PUBLIC THAT WOULD LIKE TO SPEAK. LET ME SEE HOW THIS IS WRITTEN.

IN FAVOR OF ITEM CU25-0003. PLEASE COME FORWARD.

OKAY. SEEING NONE, I WILL NOW OPEN IT UP TO THE OPPOSITION.

THOSE OF YOU WHO WOULD LIKE TO COME FORWARD AND SPEAK TO OPPOSITION, COME FORWARD, MA'AM.

PLEASE MAKE SURE YOU HAVE FILLED OUT THE OATH CARD.

OKAY. EXCELLENT. THANK YOU. I ALREADY DID. IT'S IN THE BASKET.

ALL RIGHT. MY NAME IS ERICA GRAVER. I LIVE AT 1437 GLEN COVE AVENUE.

[00:50:02]

OKAY. FIRST THING I'D LIKE TO SAY. I DID SOME RESEARCH TODAY AND KIND OF WENT THROUGH SOME OF THE CITY ORDINANCES.

AND PER 172.012 A, LET ME FIND THE EXACT CITIZEN PARTICIPATION PLAN.

MEETINGS MUST BE HELD WITHIN 90 DAYS OF THE OFFICIAL SUBMITTAL OF THE COMPLETED APPLICATION TO THE CITY OF PALM BAY.

AS YOU MAY HAVE HEARD EARLIER, THIS CPE MEETING WAS HELD OVER A YEAR AGO, SO THE RESIDENTS SURROUNDING THAT AREA HAVE PROBABLY CHANGED HANDS SEVERAL TIMES OVER SINCE THAT'S TAKEN PLACE.

ADDITIONALLY, I HAVE SORRY, MY TABLET IS GIVING ME A HARD TIME HERE.

WE HAVE BUILT WEST PINES NEIGHBORHOOD IS THE NAME OF THIS GENERAL AREA.

WE HAVE OUR A LOCAL FACEBOOK GROUP THAT WE COMMUNICATE ON THINGS LIKE THIS.

THIS HAS BEEN. THIS IS NOW THE THIRD TIME WE'VE DISCUSSED THIS IN THE LAST SEVEN YEARS.

THE RESIDENTS ARE VERY OPPOSED TO HAVING A GAS STATION AT THIS CORNER.

AND I'LL GIVE YOU SOME OF THE SPECIFICS. THE DOZENS OF THE PEOPLE IN OUR COMMUNITY ARE ON RECORD AS BEING OPPOSED TO DEVELOPING A GAS STATION AT THIS LOCATION. WE DO NOT WANT GAS TANKS BURIED THIS CLOSE TO OUR HOMES.

IT IS DANGEROUS FOR US AND OUR CHILDREN. SINCE THE INSTALLATION OF THE STOP SITE AT STOPLIGHT AT THIS CORNER, OUR QUIET NEIGHBORHOOD HAS TURNED INTO A DRAG STRIP WITH PEOPLE SPEEDING PAST OUR HOMES TO CATCH THE LIGHT RUNNING THE STOP SIGN AT NAPANEE AND GLEN COVE, WHICH IS THE STREET IMMEDIATELY BEHIND. TO THE ABOVE ON YOUR PICTURE HERE.

AND ENDANGERING OUR CHILDREN. YOU MAY BE AWARE THAT JUST A COUPLE OF MONTHS AGO, ANOTHER CHILD.

THIS IS ONE OF MANY WAS HIT BY A CAR WHO RAN THAT STOP SIGN ON THIS PARTICULAR PROPERTY AND THROWN INTO THE GRASS.

SHE HAD TO BE HELICOPTERED OUT AFTER SEVERE HEAD INJURIES, LEG AND HIP INJURIES AND WAS JUST ABLE TO RETURN TO SCHOOL LAST MONTH. WE HAD ONE INJURED ON EMERSON ACROSS THE STREET ABOUT TEN YEARS AGO, WHO WAS KILLED IN THE INTERSECTION BECAUSE THE TRAFFIC IS ALREADY THAT BAD HERE.

WE ARE DEFINITELY CONCERNED ABOUT THE DEVALUATION OF OUR PROPERTIES, HAVING A GAS STATION THAT'S CLOSE TO OUR HOMES.

I DON'T KNOW IF ANY OF YOU ARE FAMILIAR WITH GLEN COVE, BUT TWO CARS CAN BARELY PASS EACH OTHER ON THAT ROAD, SO PUTTING THE GAS STATION THERE IS LITERALLY PUTTING IT WITHIN 20FT OF OUR HOMES.

AND AS YOU STATED EARLIER, NO BARRIER ON THE GLEN COVE SIDE WHATSOEVER.

WE DON'T FEEL LIKE THERE'S A GAS STATION NECESSARY AT THIS CORNER, AS THERE ARE TWO NEW ONES ON THE CORNER OF EMERSON AND HERITAGE PARKWAY THAT LESS THAN A MILE FROM THIS PARTICULAR LOCATION. ONE OF THE THINGS THAT WE HAVE SEEN SINCE THOSE GAS STATIONS CAME AVAILABLE AT HERITAGE. THERE'S ALSO A NEIGHBORHOOD RIGHT THERE.

AND IF YOU SPEND ANY AMOUNT OF TIME OUT THERE DURING RUSH HOUR, YOU'LL SEE PEOPLE CUTTING THROUGH THE NEIGHBORHOOD, PEOPLE CUTTING THROUGH THE GAS STATION TO AVOID THE TRAFFIC THAT IS BACKED UP FOR MILES.

ADDING A GAS STATION TO THIS CORNER WILL ESSENTIALLY DO THAT IN OUR NEIGHBORHOOD AS WELL, BECAUSE NOW PEOPLE ARE GOING TO BE BACKED UP AT THAT LIGHT, AND THEY'RE GOING TO TURN DOWN GLENDALE. AND NOW RUSHING DOWN NAPPANEE TO COME IN THE GAS STATION THE BACK WAY OR AVOID THE LIGHT ALTOGETHER.

THIS IS IT'S TURNED INTO A DRAG STRIP. PEOPLE RUSHING TO CATCH THE LIGHT.

IT USED TO BE A STOP SIGN. WE WERE NOT ASKED WHEN A LIGHT WAS PROPOSED TO GO INTO THAT CORNER.

OUR NEIGHBORHOOD WAS NOT NOTIFIED, I WOULD I WOULD VENTURE TO SAY, AND I'M NOT GOING TO SPEAK FOR ANYBODY, BECAUSE THEY'RE ALL PROBABLY HERE TO SAY THE SAME THING.

NONE OF US WANTED THAT STOPLIGHT. IT HAS MADE IT WORSE, NOT BETTER, FOR THOSE OF US WHO LIVE THERE.

EVERY OFFICER THAT I'VE SPOKEN TO ABOUT THAT CORNER AT NAPANEE AND GLEN COVE KNOWS THAT PEOPLE RUN THAT STOP SIGN, AND I HAVE NONE OF THEM HAVE BEEN OUT THAT I'VE SEEN TO MAKE MAKE PEOPLE STOP.

THE GIRL THAT WAS HIT, HE RAN THAT STOP SIGN, WHICH IS A MIDDLE SCHOOL AND HIGH SCHOOL BUS STOP ON.

[00:55:02]

THE POLICE CAME TO MY DOOR WANTING TO SEE IF MY CAMERAS HAPPEN TO CATCH ANYTHING AND I CAN'T.

I COULDN'T PROVIDE THEM ANYTHING BECAUSE I CAN'T LET MY CAMERAS GO AS FAR OUT AS AT THE ROAD, OR LITERALLY, IT WOULD BE GOING OFF ALL DAY LONG BECAUSE THERE IS SO MUCH TRAFFIC THERE ALREADY.

ADDING A GAS STATION AND A DRIVE THRU 20FT FROM OUR HOMES IS NOT WHAT WE WANT.

THIS IS NOT PALM BAY. THIS IS NOT WHERE WE CAME TO LIVE.

WE HAVE A PEACEFUL, QUIET NEIGHBORHOOD. WE DO NOT NEED PEOPLE FLYING IN AND OUT OF THIS NEIGHBORHOOD ALL DAY LONG.

THANK YOU MA'AM. THANK YOU. ALL RIGHT. PLEASE COME FORWARD.

GOOD EVENING. MY NAME IS AL VITANZA HUNT, AND I LIVE AT 1548 ZAFAR STREET, PALM BAY.

AND I HAVE BEEN A RESIDENT IN THIS COMMUNITY FOR OVER 30 YEARS.

I HAVE WATCHED THIS AREA GO FROM NO SIDEWALKS, DIRT, STREET, DIRT ROADWAYS.

I WATCHED DISCOVERY ELEMENTARY BE BUILT AND MY CHILDREN WENT TO SCHOOL THERE.

THEY ARE NOW YOUNG ADULTS. AND I AM OPPOSED TO THIS.

AND MY NEIGHBOR HERE HAS SAID A LOT, BUT I THINK I ADD A DIFFERENT PERSPECTIVE TO WHY THIS SHOULD NOT OCCUR. I DON'T KNOW HOW MANY IT MIGHT HAVE BEEN 2016 OR 2015.

SOMEONE TRIED TO GET A PERMIT TO PUT A GAS STATION AT THAT VERY SPOT.

AND I CAME AND I OPPOSED IT. THEN LIKE I'M OPPOSING IT NOW.

I'M GOING TO TRY TO DO THIS WITHOUT BEING EMOTIONAL.

NOT LONG AFTER I CAME AND OPPOSED IT, I TOLD THEM THAT MY OPPOSITION WAS.

I'M AN EDUCATOR AND I'M ALSO AN ORDAINED CHAPLAIN.

I GO TO SCHOOL AND I TEACH CHILDREN, AND I WOULD TELL STUDENTS THAT I WOULD SEE AS I'M DRIVING PAST, THEY'RE WAITING FOR THE BUS. THEIR BACKS WERE TO THE STREET.

THEY WOULDN'T KNOW IF A CAR WAS COMING AND WOULD HIT THEM.

I ROLLED MY WINDOW DOWN AND SAY, HEY GUYS, CAN YOU STAND UP? CAN YOU MOVE AWAY FROM THE EDGE? YOU HAVE TO BE CAREFUL BECAUSE I TEACH STUDENTS, SO I KNOW THEIR MINDSET.

I'VE TAUGHT ELEMENTARY SCHOOL ON UP TO HIGH SCHOOL, AND IT WAS NOT LONG AFTER THAT GAS STATION WAS NOT ALLOWED TO BE BUILT THAT THE YOUNG LADY THAT SHE'S SPEAKING OF, JASMINE MINARI IS HER NAME.

SHE WAS A STUDENT AT HERITAGE HIGH SCHOOL. I'LL READ TO YOU JUST A LITTLE BIT.

NOT THE WHOLE THING, BECAUSE YOU COULD GOOGLE IT AND YOU'LL FIND IT IF YOU'RE NOT FAMILIAR WITH HER STORY.

THE CAPTION FROM THE FLORIDA TODAY SAYS HERITAGE HIGH TEEN KILLED IDENTIFIED GRIEF COUNSELORS ARRIVE AT SCHOOL.

GRIEF COUNSELORS TALKED WITH STUDENTS AND FACULTY MEMBERS AT HERITAGE HIGH SCHOOL ON THURSDAY AFTER 17 YEAR OLD WAS KILLED WHILE WALKING ALONG A BUSY NEIGHBORHOOD STREET IN THE NORTHWEST SECTION OF PALM BAY.

MY PHONE IS ACTING UP. THE ACCIDENT HAPPENED ABOUT 3 P.M.

WEDNESDAY DURING THE LATE AFTERNOON RUSH HOUR.

PALM BAY POLICE AND BREVARD COUNTY FIRE RESCUE CREWS ARRIVED AT EMERSON DRIVE AND GLEN COVE AVENUE WITHIN MINUTES TO TREAT THE GIRL'S INJURIES.

INJURIES. THE INTERSECTION WAS CLOSED OFF BRIEFLY BY PALM BAY POLICE.

THE GIRL WAS AIRLIFTED TO A NEARBY HOSPITAL, BUT PALM BAY POLICE LATER REPORTED SHE HAD DIED.

BUT I'M GOING TO TAKE THAT STORY A LITTLE BIT FURTHER BECAUSE, SEE, AT THE TIME, MY YOUNGEST DAUGHTER WAS A MEDICAL STUDENT AT MS MEDICAL SCHOOL. SHE WAS AT THAT INTERSECTION WHEN JASMINE WAS HIT, AND SHE STOPPED AT THE STOP SIGN BECAUSE IT WAS A STOP STOP SIGN, NOT A TRAFFIC LIGHT. SHE LOOKED TO THE RIGHT, AND BY THE TIME SHE LOOKED TO HER LEFT, SHE SAW JASMINE GET HIT. SHE SAID SHE IMMEDIATELY PULLED OVER.

SHE RAN OVER AND THE ARTICLE REPORTED AND SAID THAT IT WAS A NURSE.

NO, IT WAS MY DAUGHTER. SHE WAS IN MEDICAL SCHOOL.

[01:00:03]

NOT LONG AFTER THAT, I WAS IN THE CAR WITH MY DAUGHTER AND WE WERE PRAYING THAT JASMINE MADE IT.

I DIDN'T KNOW JASMINE AT THAT TIME, NOR DID I KNOW THAT ONE OF MY COWORKERS WAS HER TEACHER UNTIL WE STARTED TALKING ABOUT IT.

WHEN MY DAUGHTER AND I GOT TO THE STOP SIGN, THIS WAS A COUPLE OF DAYS LATER.

WE SAW A CROSS AND FLOWERS, AND WE BOTH BROKE DOWN IN TEARS, CRYING BECAUSE WE KNEW THAT SHE HAD DIED.

WE WANTED HER TO LIVE AND MY DAUGHTER WAS DISTRAUGHT.

SHE SAID, WHY WAS I THERE? I I'VE I'M LEARNING THIS IN SCHOOL AND CURRENTLY SHE'S AN EMERGENCY MEDICAL PHYSICIAN IN THE UNITED STATES NAVY. SHE'S CURRENTLY DEPLOYED RIGHT NOW.

AND WE STILL TALK ABOUT BECAUSE EVERY DAY I LEAVE TO GO TEACH OR I GO TO MY BUSINESS, I HAVE TO PASS THAT CROSS.

I NEVER FORGOT JASMINE'S NAME, MA'AM. AND I UNDERSTAND WHAT YOU'RE SAYING, I REALLY, I DO.

AND THIS IS A HEARTBREAKING STORY, BUT I HAVE TO BRING YOU BACK TO THE MATTER AT HAND, WHICH IS THE PROPOSED GAS STATION.

I UNDERSTAND THE TRAFFIC. OKAY, I'M GOING TO BRING THAT INTO IT.

BUT I WANTED TO GIVE THAT PERSPECTIVE BECAUSE I LIVE THAT EVERY TIME I MAKE A LEFT TURN OR RIGHT TURN ON EMERSON.

WE HAVE A CROSSING GUARD RIGHT THERE ACROSS THE STREET FROM WHERE THIS IS PROPOSED TO BE BUILT.

EVERY MORNING, THE CROSSING GUARD IS THERE TO DIRECT TRAFFIC BECAUSE WE HAVE SMALL CHILDREN.

DISCOVERY ELEMENTARY SCHOOL IS NOT FAR. IT'S WALKING DISTANCE BECAUSE WE HAVE BIKE RIDERS AND WALKERS WALKING DOWN THAT STREET.

AND SO AND THEN ALSO AS A RESIDENT, WHY, WHY WOULD WE NEED A GAS STATION THERE? I ASSURE YOU THAT IN THE 30 YEARS THAT I'VE LIVED IN THIS AREA, I'VE NEVER NEEDED GAS AT THAT POINT.

AND NOW WITH THE CIRCLE K THAT HAS OPENED UP ON HERITAGE PARKWAY.

THERE'S NO NEED FOR A GAS STATION, AND ALL IT'S GOING TO DO WITH TRAFFIC IS MAKE IT EVEN MORE CUMBERSOME.

IT'S GOING TO MAKE IT MORE DANGEROUS IN OUR AREA.

AND THE FUEL, ALL OF THAT, ALL OF THAT TOGETHER IS WHY I OPPOSE IT AND I VOTE NO.

THANK YOU MA'AM. I APPRECIATE YOUR COMMENTS. ALL RIGHT.

WE'RE GOING TO LET LADIES GO FIRST. MY NAME IS GLORIA ROSS AND I LIVE AT 1486 GLEN COVE AVENUE. AND I'VE BEEN HERE 32 YEARS AND THINGS THIS HAS CHANGED A LOT, A WHOLE LOT. THE LADIES ALREADY HAVE SPOKEN EXACTLY WHAT I WAS GOING TO SAY, SO THANK YOU VERY MUCH.

WHAT HAPPENED WAS THAT THERE'S AN AREA OVER THERE UP EMERSON ACROSS THE STREET FROM THE HISPANIC GROCERY STORE. WHAT ABOUT THAT AREA FOR A GAS STATION Y ON GLENCOE? WOULD WE HAVE A GAS STATION? LIKE THE LADY SAID? WE HAVE TWO GAS STATIONS UP AT HERITAGE OVER THERE AND MINTON, WE DON'T REALLY NEED A GAS STATION, JUST MAYBE ANOTHER HOUSE BECAUSE THAT'S WHAT THEY BUILDING THE BUILDING MORE HOUSES ANYWAY.

SO I, I JUST AGAINST THE GAS STATION. I THINK THAT'S ABOUT IT.

BUT EVERYONE, THEY HAVE MENTIONED EVERYTHING FOR ME ALREADY.

NO PROBLEM. SO I APPRECIATE THAT. DID YOU FILL OUT A SPEAKER CARD? NO. IF YOU WANT TO TAKE THAT BACK TO YOUR SEAT AND FILL IT OUT, THAT WOULD BE VERY HELPFUL. THANK YOU MA'AM. THANK YOU SIR.

YES, MY NAME IS DAVID APONTE. I'M ON 1422 JASPER AVENUE, NORTHWEST.

I WANT TO THANK YOU GUYS FOR LETTING ME COME UP HERE TO SPEAK. I WANT TO I ALSO THANK MY FELLOW NEIGHBORS.

THEY DID A REALLY GOOD JOB ON SPEAKING. I WANT TO ADD.

A LITTLE BIT MORE ON THE, ON THE TECHNICALS OF WHY THIS SHOULD NOT HAPPEN AND WHY I DON'T.

I'M VERY OPPOSED TO THIS IDEA. THEY ALREADY TALKED ABOUT TWO GAS STATIONS BEING WITHIN CLOSE PROXIMITY.

YOU KNOW, THIS, THIS PROVES OVER SATURATION. IF WE HAVE OVERSATURATION, THERE'S NOT A COMMUNITY NEED FOR IT OR A NEED FOR THE CITY TO DO THIS.

SO I'M, I'M OPPOSED TO NOT IN THAT IDEA. THERE'S A REPORT DONE BY THE INSTITUTE OF TRANSPORTATION THAT TELLS US THAT A GAS STATION ADDS APPROXIMATELY 1500 TRIPS A DAY CAN POTENTIALLY INCREASE TRAFFIC BY 200% ON RESIDENTIAL STREETS FOR ZERO NEW CONVENIENCE.

THIS SUGGESTS, AGAIN, OVERSATURATION, RISK FOR LOCAL RESIDENTS AND TRAFFIC.

[01:05:04]

SECOND, I JUST WANT TO GO MORE INTO HARM. I WANT TO GO INTO A LITTLE BIT MORE SPECIFICS BECAUSE I KNOW WE WERE TALKING ABOUT TONY, YOU WERE TALKING ABOUT RESPIRATORY, LIKE, HOW CAN WE GUARANTEE THE SAFETY OF HEALTH FOR THE CITIZENS THAT ARE CLOSE BY? SO I WAS ABLE TO FIND A STUDY DONE BY THE AMERICAN LUNG ASSOCIATION CONFIRMING PROXIMITY TO GAS STATIONS, INCREASED CHILDHOOD INCREASES, CHILDHOOD LIKELINESS OF RESPIRATORY ILLNESSES AS WELL AS ASTHMA.

THIS CAN ALSO TRANSLATE TO ADULTS. DO WE REALLY WANT TO RISK PERMANENT HEALTH? DO WE REALLY WANT TO MAKE PERMANENT HEALTH RISK FOR OUR CITIZENS? THE HUNDREDS, IF NOT THE HUNDREDS OF PEOPLE THAT ARE IN THAT NEIGHBORHOOD FOR THE, YOU KNOW, CONCEPT OF PRICE, COMPETITION AND MONEY FOR THE FEW, WHICH I HIGHLY DISAGREE WITH, RISKING THE PERMANENT HEALTH OF CITIZENS AS WELL AS KIDS AND CHILDREN IN OUR NEIGHBORHOOD. AS WELL AS EXCUSE ME.

THERE'S NO WAY TO GUARANTEE. I KNOW ANOTHER POINT THAT WAS BROUGHT UP IS THE FACT ABOUT BUFFERING.

SO, SO THE FACT THAT, OKAY, IF IT WAS BUILT, HOW WOULD WE BE ABLE TO ACTUALLY PREVENT NOISE POLLUTION, LIGHT POLLUTION, YOU KNOW, WHEN YOU HAVE 24 OVER SEVEN LIGHTING, THIS IS GOING TO GO INTO PEOPLE'S HOMES, IT'S GOING TO GO ALL AROUND. IT'S, YOU'RE GOING TO SEE IT.

YOU CAN SEE IT FROM THE SKY. YOU KNOW, IT'S, IT'S, IT'S GOING TO AFFECT PEOPLE'S LITERAL CIRCADIAN RHYTHMS, LIKE WHEN THEY SLEEP. THIS IS SOMETHING THAT WE REALLY SHOULD KEEP IN MIND AND REALLY THINK ABOUT HARD BEFORE WE MAKE A DECISION.

THAT'S, THAT'S COULD BE HASTY. AND THAT'S ALL I HAVE FOR YOU.

THANK YOU. THANK YOU VERY MUCH. YES, MA'AM.

I DON'T USUALLY SPEAK PUBLICLY, SO YOU'LL HAVE TO EXCUSE ME.

MY NAME IS MONA. I'M ALSO A LONG TIME RESIDENT.

WE'VE BEEN LIVING OVER THERE FOR OVER 30 YEARS.

ON 1537 NAPPANEE STREET. THE CHILDREN, THE SCHOOLS, THE SCHOOL BUSSES COME BY THERE EVERY DAY BECAUSE ON THE CORNER OF NAPPANEE AND GLEN COVE IS WHERE THEY PICK UP FOR CENTRAL MIDDLE SCHOOL.

AND THE OTHER ONE I CAN'T. YEAH, YEAH. MELBOURNE HIGH SCHOOL.

MY KIDS WENT TO MELBOURNE. WE DIDN'T HAVE HERITAGE AT THE TIME.

I CAN'T UNDERSTAND HAVING A GAS STATION THERE IS DETRIMENTAL TO THE NEIGHBORHOOD.

IT'S A HAZARD. AND AS FAR AS THAT CORNER GOES, SOMEBODY WAS TRYING TO MAKE THE LIGHT SLAMMED INTO MY HUSBAND.

I THINK YOU WERE THE FIRST ONE THERE AT THE SCENE.

TOTALED THE CAR. POLICE OFFICER SAID HE WAS LUCKY TO BE ALIVE.

IT. AND NOW PUTTING A GAS STATION THERE? I CAN'T IMAGINE IT.

I THINK IT'S A HUGE MISTAKE TO THE NEIGHBORHOOD.

I JUST WANTED TO THROW THAT IN THERE. THANK YOU MA'AM. PLEASE FILL OUT THE SPEAKER CARD.

YEAH. THANK YOU VERY MUCH. YES, MA'AM. IN THE BACK.

SORRY. OKAY. HI.

MY NAME IS VENUS ALBERT. I LIVE ON GLEN COVE AVENUE.

I'M ABOUT SIX HOUSES DOWN AND PRETTY MUCH. WHAT'S YOUR STREET ADDRESS? 1455 GLEN COVE AVENUE, NORTHWEST. I ALSO HAVE SOME OF OUR NEIGHBORS COULDN'T COME, AND I ALSO HAVE THEIR NAMES AND THEIR ADDRESSES THAT THEY ARE ALSO OPPOSED. I DON'T KNOW WHO TO GIVE THIS TO.

YOU CAN GIVE THEM TO ME. GIVE IT TO YOU. OKAY.

WE'LL MAKE SURE THEY'RE PUT INTO THE RECORD. THANK YOU, THANK YOU. AND HERE'S MY CARD.

SO I DO WANT TO ALSO REITERATE THAT YES, WE'RE GOING TO HAVE BRIGHT LIGHTS.

IT IS GOING TO AFFECT, IT'S GOING TO GO INTO OUR HOMES.

WE ARE GOING TO GET MORE TRAFFIC. WE DON'T HAVE SIDEWALKS, SO WE HAVE TO WALK ON THE STREETS.

THESE KIDS, WHEN THEY HAVE TO WAIT FOR THE SCHOOL BUSSES OR WHEN THEY GO TO SCHOOL, THEY HAVE TO WALK ON THE STREETS.

YOU'RE GOING TO HAVE THAT PROPOSED GAS STATION THERE THAT WE REALLY DON'T NEED, BECAUSE WE'VE GOT ONE ABOUT A MILE, TWO OF THEM, RIGHT? GOING TO BE RIGHT UP A MILE FROM OUR HOUSE.

SO I DON'T KNOW WHY WE NEED A THIRD ONE. SO I DON'T KNOW HOW THESE KIDS ARE GOING TO BE ABLE TO GO AND CROSS THAT STREET SAFELY.

YOU'VE GOT A CROSSING GUARD, BUT THAT'S GOING TO BRING IN A LOT MORE TRAFFIC.

IT'S GOING TO BRING ALONG A LOT MORE CHAOS. AND IT'S TRUE WITH THAT LIGHT, WE WEREN'T INFORMED OR ABOUT THAT LIGHT.

[01:10:05]

IT'S LIKE A SPEEDWAY NOW. PEOPLE ZOOM PAST OUR HOUSE TRYING TO, TO MAKE THAT LIGHT.

I AM JUST SO OPPOSED TO THIS. I LIKE THIS THE QUIETNESS THAT MY NEIGHBORHOOD WAS, BUT IT'S NOT GETTING SO QUIET ANYMORE.

THE STREETS ARE GETTING MORE CROWDED. HAVE YOU ALL TRIED TO GO FROM LIKE, EMERSON, SAINT JOHN'S ALL THE WAY DOWN? HOW LONG DOES IT TAKE FOR YOU TO GET THERE? THE TRAFFIC IS AWFUL.

AND ALSO, IF YOU TRY TO GO TO MINTON, THAT TRAFFIC, IF YOU'RE GOING.

SOMETIMES THAT TRAFFIC IS BACKED UP ALL THE WAY TO JUPITER.

THIS IS GOING TO CREATE EVEN MORE CHAOS, MORE JUST EVERYTHING.

I DON'T KNOW, I JUST REALLY AM OPPOSED TO IT.

AND I, I, IT'S A BIG OLD NO FOR US. AND AND, YOU KNOW, AND SHAME ON THEM FOR EVEN TRYING TO SHOVE THIS THING DOWN OUR THROAT FOR A THIRD TIME. WE'VE ALREADY SAID NO ONCE. WE'VE ALREADY SAID NO TWICE.

AND NOW YOU WANT TO DO IT AGAIN. HOW MANY MORE TIMES ARE YOU GOING TO ASK US? AND HOW MANY TIMES ARE WE GOING TO TRY TO SMACK YOU GUYS DOWN? WE DON'T WANT IT THERE. WE DON'T WANT IT. I HAD A QUICK QUESTION.

YOU SAID THERE'S NO SIDEWALKS. THERE'S NO THERE'S NO SIDEWALKS ANYWHERE.

NO SIDEWALKS. OH, AND NO LIGHTS. YEAH. AND THERE'S NO LIGHTS EITHER.

WE HAVE NO SIGHT. YEAH. NO SIDEWALKS AND NO LIGHTS.

SO THESE KIDS HAVE TO WALK ON THE STREET OFF OF GLEN COVE.

WOOD AND NAPPANEE. DO YOU GUYS THINK THAT I'M JUST OPINING HERE? DO YOU THINK REMOVING THE LIGHT AND GOING BACK TO A STOP SIGN WOULD WOULD BE BETTER? I MEAN, I DON'T THINK SO, BECAUSE THE TRAFFIC'S STILL GOING TO BE. WE HAVE TO KEEP WE DO HAVE TO KEEP THE CONVERSATION STRICTLY TO THE FUEL STATION.

THAT'S WHAT'S BEING ASKED. I UNDERSTAND THAT THERE'S CLEARLY THERE'S SOME ISSUES.

IT'S IT'S AT THIS INTERSECTION POINT OF BEING FRUSTRATION BECAUSE YOU KNOW, HOW MANY TIMES YOU KEEP SAYING, ASKING US KNOW ASKING US NO, NO, NO, WE DON'T WANT IT THERE.

THAT'S IT. DON'T ASK US ANYMORE. DON'T FORCE THIS DOWN OUR THROATS, PLEASE.

THANK YOU MA'AM. VERY GOOD. ALL RIGHT, I FORGOT SOMETHING.

WE ALSO HAVE AN ONLINE PETITION THROUGH CHANGE.ORG WITH 75 SIGNATURES OF LOCAL RESIDENTS OPPOSED TO THIS GAS STATION, THAT I'LL BE HAPPY TO FORWARD TO. WHOEVER WOULD LIKE THAT YOU CAN FORWARD IT TO THE STAFF.

OKAY, MA'AM. THANK YOU. I'LL GET YOU NEXT, MA'AM.

AND THEN WE'LL GO TO THE GENTLEMAN WHO'S BEEN WAITING VERY PATIENTLY. OH.

I'M SORRY. NO, NO, NO. YOU'RE FINE. MY NAME IS JOANNE MARKOWSKI.

I LIVE AT 1454 NAPPANEE STREET, NORTHWEST. I WAS NOT PLANNING ON SPEAKING TONIGHT BECAUSE I ALREADY SENT MY THOUGHTS AND OPINION TO THE MAYOR, THE CITY COUNCIL. BUT I WANTED TO TOUCH ON ONE THING THAT MY NEIGHBORS DIDN'T SPEAK OF.

I LIVE ON NAPPANEE STREET, SO THAT IS DIRECTLY BEHIND THIS PROPOSED SITE.

LIGHTS ON ALL THE TIME. THIS WILL LITERALLY BE FEET.

WE DON'T REALLY KNOW. FROM MY BACKYARD WITH LIGHTS, GARBAGE TRUCKS AND IF THERE IS A DRIVE THRU THERE WILL BE A CONSTANT FLOW OF VEHICLES UP AGAINST MY FENCE. I KNOW THAT WE'VE BEEN VERY LUCKY.

I'VE LIVED THERE ALMOST 40 YEARS. WE'VE BEEN VERY LUCKY THAT NOTHING HAS BEEN BUILT ALONG THIS STRETCH AND THERE HAVE BEEN A FEW.

BESIDES, THE GAS STATIONS WAS SUPPOSED TO BE A SCHOOL. THERE WAS SUPPOSED TO BE A METHADONE CLINIC A VERY LONG TIME AGO.

SO I KNOW I'VE LIVED THERE ALMOST 40 YEARS. SO WE'VE BEEN VERY, VERY LUCKY.

IT'S A HEAVILY WOODED AREA WHICH HAS HELPED BUFFER THE NOISE FROM EMERSON.

NOT SO MUCH ANYMORE BECAUSE IT IS A DRAG STRIP NOW, AS PEOPLE HAVE ATTESTED TO EVERY NIGHT BETWEEN 6 AND 7 AND SET MY CLOCK TO IT.

THE MOTORCYCLE RIDERS AND THE SPORTS CAR DRIVERS ARE DRAG RACING FROM GLEN COVE AND EMERSON, BECAUSE NOW THERE WAS NO MORE LIGHTS UNTIL YOU GET TO HERITAGE PARKWAY. THIS WILL BACK UP TRAFFIC TRAFFIC EVEN MORE BECAUSE IF SOMEONE DECIDES, OH, I'M TURNING INTO THIS GAS STATION AND SOMEONE'S COMING THROUGH THE LIGHT, THERE'S THERE'S AN ACCIDENT JUST WAITING TO HAPPEN.

SO MY PERSPECTIVE IS JUST A SELFISH ONE. I DON'T WANT THIS ADJACENT TO MY BACKYARD.

YOU KNOW, I'VE BEEN VERY LUCKY, BUT MY PRIVACY WILL BE CUT, YOU KNOW? DO I WANT TO BE IN MY POOL WITH PEOPLE DRIVING BY, LOOKING OVER MY FENCE? NOT REALLY. AND THE SAFETY ISSUE WITH THE KIDS IS ALSO HUGE.

THERE HAVE BEEN ACCIDENTS THERE FOR YEARS AND IT HAS NOT SLOWED DOWN.

THANK YOU. THANK YOU. AND I APPRECIATE YOUR TIME.

ALL RIGHT. LADY IN THE BACK. THAT'S COMING FORWARD, THEN THE GENTLEMAN. OKAY.

AGAIN, MY NAME IS GINA CHOQUETTE. I'M AT 1425 NAPPANEE STREET, NORTHWEST.

[01:15:02]

I'M SORRY. I WANT HIM TO HEAR ME SAY NOBODY WILL SUPPORT THAT BUSINESS.

NOBODY IN OUR NEIGHBORHOOD WILL SUPPORT THAT BUSINESS, AND IT WILL GO UNDER.

THE OTHER THING I WANTED TO ADDRESS IS THE DRIVE THRU.

WHO WANTS A MCDONALD'S IN A AND A GAS STATION IN THEIR BACKYARD? ANYBODY HERE? I DON'T I DON'T THINK ANY OF YOU WOULD EITHER.

SO THIS WILL TANK OUR PROPERTY VALUES, WHICH WILL HAVE A DOMINO EFFECT ON ALL THE PROPERTIES EVEN FURTHER BEHIND.

BECAUSE IF I SELL MY HOUSE FOR 50, 000 LESS BECAUSE THAT'S IN MY BACKYARD, THEN IT'S GOING TO BE A COMP FOR THE PEOPLE TWO BLOCKS, THREE BLOCKS, FOUR BLOCKS AWAY, AND IT'S GOING TO AFFECT THEIR PROPERTY VALUES AS WELL.

SO IT'S A HUGE DOMINO EFFECT. THANK YOU MA'AM.

HAVE YOU ALREADY FILLED ONE OF THOSE OUT WHEN YOU SPOKE? I DID FOR THE OTHER TOPIC.

OH FOR THE TOPIC. YEP. YOU NEED TO FILL OUT ANOTHER ONE. THANK YOU.

ALL RIGHT SIR, COME FORWARD PLEASE. THANK YOU FOR YOUR PATIENCE.

YEAH. OKAY. LET ME SHOW YOU THE MAP. WELL, IF YOU WOULD COME TO THE PODIUM FIRST AND GIVE US YOUR NAME, YOUR ADDRESS, AND IF YOU WANT TO SHOW US WHERE YOU LIVE ON THE MAP, THAT'S FINE.

YEAH. MY NAME IS RICARDO LANZA. I LIVE IN GLENCOE, ALMOST IN THE FRONT WHERE THE GAS STATION IS COMING.

OKAY. WHAT'S YOUR ADDRESS? YOUR STREET ADDRESS? IT'S 1419.

OKAY. 1419 GLENCOE. THANK YOU. IT'S RIGHT THERE.

YOU CAN GO AHEAD OVER THERE AND POINT AT IT IF YOU'D LIKE. THAT'S FINE. YEAH. CHANDRA REALLY RUNS THE THING.

JUST SO YOU KNOW, SHE SITS OVER THERE IS A HOUSE.

OKAY? IT'S A BRAND NEW HOME. I SPENT A BUNCH OF MONEY FOR BUY A HOUSE THERE.

NOW SOMEBODY'S TRYING TO MAKE A GAS STATION THERE.

AND THEN, LIKE SO MANY PEOPLE SAID, WE HAD A BUNCH OF GAS STATIONS.

WE GOT HERITAGE PARKWAY ONE READY, AND ANOTHER IS COMING SOON.

AND ANOTHER ONE IN THE MIDDLE OF THE HOUSES. YOU KNOW, IMAGINE I SPENT A BUNCH OF MONEY.

A BUNCH OF PEOPLE IS HERE THINKING ABOUT NOT ONLY THE POLLUTION PRODUCED THE GAS STATION TRASH.

BECAUSE FOR SURE, WHEN THIS GAS STATION IS COMING, I HOPE NOT.

I IMAGINE HOW MANY CARS PARKED IN THE FRONT OF MY HOME AND DUMPED GARBAGE THERE, YOU KNOW? AND THEN THAT IS MY WORRY, MR. DAVID. WE DON'T NEED ANOTHER GAS STATION.

YOU KNOW, WE DON'T NEED TO PAY THE THE CONSEQUENCE BECAUSE SOMEBODY TRY MAKE SOMETHING LIKE THAT IN THE, IN THE MIDDLE OF THE NEIGHBORHOOD, YOU KNOW. AND THIS IS AFFECT NOT TO ME DIRECTLY TO THE MOST PEOPLE AROUND HERE, YOU KNOW. AND THEN ABOUT THE STREET GLENCOE, IF YOU TRAVEL BEFORE OVER THERE OR YOU'RE DRIVING OVER THERE, THAT STREET IS A MESS. I PAY A BUNCH OF TAXES LIKE EVERYBODY HERE, AND THAT IS TREATED LIKE 3000 PATCHES THERE.

YEAH. IT'S UNBELIEVABLE. YOU KNOW, NOBODY TAKES CARE ABOUT THAT STREET, YOU KNOW.

WE NEED SOLUTION FOR THAT. THEN THAT'S IT. IT'S SO SIMPLE.

THANK YOU SIR. I APPRECIATE YOUR TIME, MR. DAVIS.

YES, MA'AM.

GOOD EVENING. MY NAME IS REBECCA ETHERIDGE. I LIVE AT 1594 NAPPANEE STREET, NORTHWEST.

I WANT TO REITERATE THE CONDITION OF THE ROADS OF GLEN COVE.

IT IS HORRIBLE. IT'S NEVER BEEN REPAIRED. IT'S NEVER BEEN.

AND WE'VE BEEN THERE 30 YEARS. OVER 30 YEARS.

I ALSO HAVE A REAL CONCERN ABOUT THE CHILDREN WALKING.

THERE'S NO SIDEWALKS, THERE'S NO LIGHTING. AND I'M TALKING SPECIFICALLY ON NAPANEE AND GLEN COVE.

MY HUSBAND AND I SPENT A LOT OF TIME OUTSIDE.

HE WORKS A LOT ON HIS CARS. HE HAS MOTORCYCLES.

HE ENJOYS BEING OUT THERE DURING THE SCHOOL TIME WHEN THE KIDS ARE COMING HOME FROM SCHOOL, YOU'LL HAVE PEOPLE, ANDY, IN THE MORNING WHEN THEY'RE GOING TO SCHOOL, YOU'LL HAVE PEOPLE SCREAMING DOWN NAPPANEE.

WE'VE ACTUALLY CALLED THE POLICE DEPARTMENT. HAD THE POLICEMAN COME OUT THERE.

THEY CAUGHT ONE YOUNG MAN DOING 47 MILES AN HOUR IN A RESIDENTIAL AREA WITH CHILDREN WALKING ON THE SIDE OF THE ROAD.

THE BIG CONCERN WE HAVE, I THINK, WITH THE GAS STATION IS THE INCREASED TRAFFIC THAT'S GOING TO BE THERE.

[01:20:05]

THEY DON'T CARE. THEY DON'T STOP. THEY DON'T PAY ATTENTION.

AND YOU HAVE A LOT OF PEOPLE THAT DON'T PAY ATTENTION. THEY'RE ON THEIR PHONES.

IT'S A VERY DANGEROUS SITUATION. AND YOU'RE ASKING TO PUT MORE CARS IN AN AREA THAT DON'T NEED TO BE THERE.

WE DON'T NEED THEM THERE. WE DON'T WANT THEM THERE.

THIS IS LIKE THEY SAID, THIS IS THE THIRD TIME THAT WE'VE COME UP HERE ABOUT THIS.

IT'S GETTING OLD. THANK YOU. THANK YOU MA'AM.

ALL RIGHT. IT'S GETTING A LITTLE LONG FOR US ON THIS.

SO I'M GOING TO SAY IF SOMEBODY HAS SOMETHING NEW TO BRING FORWARD, INSTEAD OF REITERATING SOMETHING THAT'S ALREADY BEEN SAID, YOU'RE WELCOME TO COME FORWARD. BUT IF IT ISN'T SOMETHING NEW, I'M GOING TO ASK THAT YOU REFRAIN.

SO, SIR, I SAW YOU RAISE YOUR HAND. DO YOU HAVE SOMETHING NEW YOU WOULD LIKE TO ADD? BASICALLY, I WANT TO ADD YOU CAN COME FORWARD AND. I WANT TO ADD MY WIFE'S NAME.

OKAY. ABOUT 7:00 EVERY MORNING. MY NAME IS MIKE ETHERIDGE, I LIVE.

I'VE BEEN LIVING THERE OVER 30 YEARS. I'M A RETIRED FIREFIGHTER FROM PATRICK.

IF YOU COULD SAY THE ADDRESS INTO THE MICROPHONE, 1594 NAPPANEE STREET, WHICH RUNS PARALLEL TO EMERSON.

AND WHAT HAPPENS IS IN THE MORNING, THAT'S ALL A SCHOOL ZONE.

OKAY, SO PEOPLE ARE TURNING ON GLEN COVE AND GOING ON OUR STREET.

NAPPANEE. 5060 MILES AN HOUR TO AVOID THE SCHOOL ZONE.

BECAUSE THEN THEY CAN COME OUT ON THE OTHER SIDE AND HEAD ON.

EMERSON. AND I'VE CALLED THE POLICE DEPARTMENT.

I'M SURE THEY HAVE RECORDS OF IT SEVERAL TIMES.

TO ASK FOR AN OFFICER TO BE AT THE END OF NAPPANEE, TO CLOCK THESE PEOPLE.

I MEAN, I'M WASHING MY CAR AND IT'S RIGHT BY THERE.

LIKE, WHAT THE HELL IS GOING ON? 70 MILES AN HOUR? 60. THIS IS A COMMON THING. AND KIDS ARE WALKING ON THAT STREET.

AND, YOU KNOW, IT'S GOING TO BE THE ONE DAY WHEN SOMEBODY'S 2 OR 3 KIDS ARE GOING TO GET HIT AND NOBODY SAID ANYTHING ABOUT IT OR DONE ANYTHING.

WELL, I WANT TO BE ON RECORD SAYING SOMETHING.

AND IF THAT HAPPENS, I'M GOING TO RAISE HELL ABOUT THAT BECAUSE I BROUGHT ON THE PROBLEM, THE SITUATION.

BUT I'M NOT GOING TO CALL THE POLICE DEPARTMENT EVERY WEEK TO GET AN OFFICER OUT THERE TO MAN THIS.

AND EVERY MORNING HE STILL CONTINUES, AND THE KIDS ARE THERE AT THE AT THE VERY END OF.

WHEN YOU TURN ON GLENCOE AND NAPPANEE. IT'S THE FIRST LEFT.

RIGHT WHERE THIS GAS STATION IS GOING, RIGHT. THERE'S KIDS, LIKE THEY SAID IN HIGH SCHOOL AND COMING OUT MYSELF, I HAVE TO WATCH FOR THEM BECAUSE THEY'RE KIDS. THEY'RE NOT PAYING ATTENTION. AND YOU GOT TO IF YOU'RE GOING TO MAKE A RIGHT, IF YOU'RE NOT PAYING ATTENTION, YOU MIGHT HIT ONE OF THEM AND NOW YOU'RE GOING TO HAVE A BUSINESS THERE. I UNDERSTAND THAT THE PROPERTY'S GOT TO BE A SOONER OR LATER.

IT'S GOT SOMETHING BUILT THERE. BUT A MILE FROM ANOTHER TWO NEW GAS STATIONS.

COME ON. YOU KNOW, IT'S RIDICULOUS. AND NOW I JUST LEARNED TONIGHT THAT THERE'S GOING TO PUT ANOTHER ONE ACROSS THE STREET, YOU KNOW? SO THAT'S JUST MY CONCERN FOR THE KIDS.

THANK YOU SIR. I DON'T WANT TO SEE SOMEBODY GET HIT. AND THAT'S WHAT THEY'RE DOING. ALL THE SPEEDERS ARE AVOIDING EMERSON AND GETTING ON NAPPANEE.

IT'S A STRAIGHT SHOT. SO THANK YOU FOR YOUR TIME.

THANK YOU SIR. ALL RIGHT. I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING AND WE'LL BRING IT BACK TO THE BOARD.

THE APPLICANT IS FREE TO COME FORWARD AND RESPOND TO ANYTHING THAT'S BEEN PRESENTED.

OKAY. FIRST, LET ME SAY NOT TO MINIMIZE ANYTHING THAT THE PUBLIC HAS SAID AND UNDERSTAND ALL THE CONCERNS.

AND IN MAKING THESE APPLICATIONS, WE'VE HEARD THESE CONCERNS AT DIFFERENT LOCATIONS THAT WE'VE ACTUALLY PUT GAS STATIONS IN. LET ME START BY SAYING FIRST REGARDING TRAFFIC.

SO THE REASON THAT WE WENT THROUGH THE SIX MONTH PROCESS THAT WE DID AND WORKED VERY CLOSELY WITH STAFF AND THE TRAFFIC ENGINEERS AT THE CITY OF PALM BAY, WAS TO ENSURE THAT A COMMERCIAL DEVELOPMENT ON THIS CORNER, WHICH IS GOING TO HAVE IMPACT.

NOTHING WILL HAVE ZERO IMPACT. ANYTHING ABOVE NOTHING WILL HAVE IMPACT, WAS TO DESIGN IT IN SUCH A WAY TO HAVE THE LEAST MINIMAL IMPACT, AND TO MAKE CERTAIN THAT THE DEVELOPER TOOK THE NECESSARY STEPS AND PAID FOR THE CORRECT INFRASTRUCTURAL IMPROVEMENTS TO INTERSECTION OR WHATEVER NEEDED TO BE DONE TO MEET WITH THE CITY OF PALM BAY TRAFFIC ENGINEERS APPROVAL.

AND IF YOU LOOK AT THE REPORT AND YOU LOOK AT STAFF REPORT, IT MEETS THAT DOES NOT EXCEED LEVEL OF SERVICE.

IT DEFINITELY IS GOING TO PROVIDE SOME IMPACT.

AGAIN, IT'S ZONED NEIGHBORHOOD COMMERCIAL. IT COULD BE ANY PERMITTED USE AT ANY TIME WITH NO PUBLIC HEARING WHATSOEVER.

[01:25:01]

AND SO JUST AS MUCH AS EACH CITIZEN HAS A RIGHT TO STAND BEFORE YOU, I STAND HERE BEFORE YOU REPRESENTING THE APPLICANT, WHO'S A PRIVATE PROPERTY OWNER, WHO OWNS A PIECE OF PROPERTY AND HAS A RIGHT TO DEVELOP THAT PROPERTY AS LONG AS HE WORKS WITH THE CITIES AND GOVERNMENTS, AND DOES WHAT IS REQUIRED OF HIM TO PRODUCE THE BEST, SAFEST ALTERNATIVES THAT ARE GIVEN TO HIM AND ALLOW HIM TO OPERATE THAT PROPERTY. SO I DISAGREE WITH THE COMMENTS THAT HAVE BEEN MADE ABOUT TRAFFIC.

TRAFFIC HAS BEEN LOOKED AT. LEVEL OF SERVICES WILL BE MAINTAINED.

I DON'T ARGUE WITH ANY OF THE FACTS THAT IT IS A BUSY INTERSECTION.

THE FACT THAT THE DEVELOPER IS GOING TO COME IN AND MAKE THESE ADDITIONAL IMPROVEMENTS WILL MAKE IT A BETTER SITUATION THAN IT IS TODAY, BECAUSE OF THE RIGHT HAND TURN LANE. THE RESTRICTION OF RIGHT IN RIGHT OUT ON EMERSON.

IT WILL HELP THE SITUATION NOT BE WORSE THAN IF SOMEBODY JUST CAME IN AND DEVELOPED THE CORNER FOR A RETAIL STORE AND DIDN'T DO ANY OF THOSE THINGS. SO THAT IS BEING OFFERED BY THE DEVELOPER.

AGAIN, REGARDING THE THE FACT THAT THERE ARE TWO GAS STATIONS, THERE ARE GOING TO BE TWO GAS STATIONS ON THAT CORNER AT SOME POINT, BECAUSE THE CITY HAS SAID THAT THEY WILL ALLOW TWO GAS STATIONS ON AN INTERSECTION CORNER.

SO IT'S GOING TO CONTINUE THAT WAY. WHETHER IT HAPPENS HERE OR NOT, IT'S GOING TO HAPPEN IN THE INTERSECTIONS.

IT'S PART OF THE CITY'S COMPREHENSIVE STRATEGY TO ALLOW THE DEVELOPMENT OF NEIGHBORHOOD COMMERCIAL PROPERTY.

THIS PROPERTY WAS NOT BY US, BUT BY SOMEBODY FAR BEFORE US, DEEMED IN A COMPREHENSIVE PLAN TO BE A VIABLE COMMERCIAL CORNER FOR THE FUTURE OF THE CITY. UNDERSTANDING, TOO, THAT WHEN EMERSON FIRST BECAME EMERSON, IT WAS A QUIET ROAD.

IT WAS A QUIET RESIDENTIAL ROAD. BUT IT HAS CHANGED OVER TIME.

THE CONNECTION TO SAINT JOHN'S HERITAGE PARKWAY AND THE CONTINUED GROWTH HAS ACTUALLY RECLASSIFIED THAT ROAD AS A COLLECTOR ROAD.

AND SO AS A COLLECTOR ROAD, IT TAKES ON A DIFFERENT CHARACTERISTIC AND IT TAKES ON A DIFFERENT METHODOLOGY.

AND AGAIN, OUR TRAFFIC ENGINEER WORKING WITH THE CITY ADDRESSED ALL OF THIS.

WE'VE TAKEN GREAT, GREAT CONCERNS IN ORDER TO TRY TO BE A GOOD NEIGHBOR GOING FORWARD WITH THE DEVELOPMENT, I WANT TO POINT OUT ONE THING. CAN I STEP OVER HERE? THIS IS A RATHER LARGE PIECE OF COMMERCIAL PROPERTY.

MOST DEVELOPERS WOULD TRY TO UTILIZE AS MUCH OF THIS AS THEY POSSIBLY CAN, BECAUSE THEY PAID A LOT OF MONEY FOR IT.

IT'S GOING TO COST A LOT OF MONEY TO DEVELOP IT.

AND SO YOU WOULDN'T LEAVE ALMOST HALF OF YOUR LAND UNUSED.

IT'S JUST NOT A NORMAL METHOD OF DEVELOPMENT.

BUT WITH THE UNDERSTANDING THAT THIS WAS A RESIDENTIAL AREA, THIS WAS DONE PURPOSEFULLY.

ALMOST HALF OF THE PROPERTY IS GOING TO REMAIN UNDEVELOPED.

IT'S GOING TO BE A POND AND THERE'S GOING TO BE A NATURAL VEGETATION BUFFER.

OH, DO I NEED THAT? OR YOU CAN I CAN HEAR YOU ON THE MIC.

OH, I CAN REACH OVER HERE. IF I STAND AT THE MIC YOU CAN HEAR IT.

NO NO NO. OH YOU WANT ME TO STAND? SORRY. NO WORRIES.

VERY SORRY. OKAY. YEP. YEAH. THERE WE GO. SO AGAIN, THIS ENTIRE AREA HAS BEEN DESIGNED INTENTIONALLY TO REMAIN UNDEVELOPED.

NOW THERE ARE THE HOUSES UNDERSTAND THAT. AND THERE'S THE COMMERCIAL PROPERTY.

THERE'S POTENTIALLY ALMOST 2 TO 3 RESIDENTIAL LOTS OF DISTANCE BETWEEN THE HOMES AND THE BUILDING.

THAT'S BEEN DONE INTENTIONALLY TO THE BEST OF OUR ABILITY TO HAVE SOMETHING VIABLE FOR THEM TO OPERATE.

THEY'VE MINIMIZED AS MUCH AS THEY CAN AND BROUGHT THIS PROPERTY AS CLOSE TO THE CORNER AS THEY CAN, MAINTAINING THE SAFETY AND THE INGRESS AND EGRESS THAT THEY NEEDED TO MINIMIZE THE IMPACT TO THE RESIDENTIAL.

ADDITIONALLY, THEY TALK ABOUT LIGHTING AND OTHER CONCERNS THAT ARE OUT THERE.

ALL OF THESE ARE ADDRESSED IN YOUR CODE. IN A NEIGHBORHOOD COMMERCIAL DISTRICT, LIGHTING IS RESTRICTED.

NOISE IS RESTRICTED, FLOW IS RESTRICTED. THESE THINGS ARE DONE.

AND I BELIEVE I BROUGHT A COPY OF THE CODE HERE.

SECTION 174042 AND SECTION 1740041 WILL FURTHER ADDRESS THESE TYPE OF CITIZEN CONCERNS THAT ARE

[01:30:07]

AND THE WAY THIS IS DESIGNED IS THIS GAS STATION WILL OPERATE EFFECTIVELY IN A NEIGHBORHOOD COMMERCIAL DISTRICT THE WAY IT WAS INTENDED TO IN THE CODE. ADDITIONALLY, WHEN WE GO THROUGH THE SITE PLAN APPROVAL PROCESS, WE'RE GOING TO MEET ALL THE ADDITIONAL REQUIREMENTS THAT WERE BROUGHT UP IN MANY, MANY OF THE COMMENTS.

I WON'T GO THROUGH ANY MORE OF THEM BECAUSE I'M KIND OF BEING REPETITIVE.

SO LET ME SEE IF THERE ARE ANY OTHER QUESTIONS OF ME AT THIS TIME BEFORE I MAKE MY CLOSING.

ARE YOU DONE? ARE YOU DONE WITH YOUR YOUR COMMENTS? AS AT THIS POINT I'M DONE ANSWERING QUESTIONS.

I HAVE A CLOSING I'D LIKE TO MAKE, BUT I'LL ANSWER ANY QUESTIONS.

ANY QUESTIONS FROM THE BOARD FOR THE APPLICANT. I WAS GOING TO I WAS GOING TO ASK WHERE THE DEVELOPER LIVES. I'M SORRY.

WHERE WHAT'S THE ADDRESS OF THE DEVELOPER? 402 HIGH POINT DRIVE, COCOA, FLORIDA SUMMIT.

SHAH. SO IT'S NOT EMERSON. AND IN THIS OTHER STREET.

GOT IT. NO. OKAY. WELL, I LIVE OFF EMERSON, SO.

ANY OTHER QUESTIONS? I LIVE NEAR EMERSON AS WELL, SO I'M.

I'M CLOSE TO YOU GUYS. ANY OTHER QUESTIONS FROM THE BOARD? MR. CHAIR, I WAS JUST CURIOUS. I'M ASSUMING I KNOW THE ANSWER TO IT. IT'S NOT A 24 HOUR.

IT'S. I DON'T BELIEVE IT CAN BE. IS IT A 24 HOUR GAS STATION OR IS IT CLOSED AT A CERTAIN POINT, OR DO YOU NOT KNOW THAT YET? I'M SORRY. IS IT A 24 HOUR GAS STATION OR IS IT CLOSED AT.

OH I DON'T BELIEVE IT'S ALLOWED TO BE OPERATED AS A 24 HOUR GAS STATION.

SO IT WILL HAVE IT'LL BE RESTRICTED TO THE NEIGHBORHOOD CODE RESTRICTIONS.

AND I DO NOT BELIEVE THEY ALLOW 24 HOUR. IS THAT CORRECT? AM I CORRECT IN THAT I DON'T WANT TO SAY SOMETHING INCORRECTLY. I'M SORRY. I DON'T KNOW THE ANSWER TO THAT ONE RIGHT NOW.

I WOULD HAVE TO GET BACK TO THE BOARD. OKAY. THANK YOU.

HE DOES NOT OPERATE ANY 24 HOUR GAS STATIONS AT THIS TIME.

OKAY. YOU, THE BOARD MAY PLACE THAT RESTRICTION AS A CONDITION.

IF YOU DECIDE TO. HOURS OF OPERATION. OKAY. THANK YOU.

ANY OTHER QUESTIONS FROM THE BOARD? ARE THERE ANY OTHER CAPITAL IMPROVEMENTS THAT THE THAT THAT HE'S WILLING TO MAKE, OR IS THERE ANYTHING ELSE OTHER THAN THE RIGHT OF WAY THAT HE'S PLANNING TO PUT IN AND THE POND AND OBVIOUS BUFFERING.

ARE THERE ANY OTHER CAPITAL IMPROVEMENTS THAT YOU WOULD LIKE TO STATE AND PUT ON THE RECORD THAT HE MAY BE MAKING? THERE ARE NONE THAT AT THIS STAGE OF THE OF THE CONCEPT PLAN.

BUT IF THAT'S SOMETHING THAT, YOU KNOW, IS, IS BEING REQUESTED OF US, THEN, YOU KNOW, WE'RE OPEN TO LISTEN TO IT.

THE, THE INTENTION IS TO CREATE A BUFFER BETWEEN THE RESIDENTIAL AREA AND, AND THE GAS STATION REASONABLE BUFFER.

WE'RE NOT GOING TO BUILD A 16 FOOT WALL. RIGHT.

BUT WE'RE WE'RE LOOKING TO DESIGN THIS IN SUCH A WAY THAT IT WORKS AND OPERATES WELL IN A NEIGHBORHOOD COMMERCIAL DISTRICT, WHICH THEY OPERATE IN ON OTHER GAS STATIONS IN THOSE DISTRICTS RIGHT NOW IN THOSE ZONING DISTRICTS.

THANK YOU. ALL RIGHT. OKAY. MY CLOSING STATEMENT.

THANK YOU. IN CLOSING, I JUST WANT TO SAY THAT BASED ON THE STAFF REPORT FINDINGS, THAT OUR APPLICATION MEETS ALL THE CODE DEVELOPMENT STANDARDS, AND WE ARE CONFIDENT THAT THE TESTIMONY AND EVIDENCE THAT I'VE PROVIDED TONIGHT MEETS OR EXCEEDS THE QUASI JUDICIAL REQUIREMENT FOR THIS BOARD TO RECOMMEND THE APPROVAL OF CU250003. THANK YOU. THANK YOU VERY MUCH. ALL RIGHT.

WE'LL BRING IT BACK TO THE BOARD. I UNDERSTAND STAFF WANTED AN OPPORTUNITY TO CORRECT ANYTHING.

YES. A RESIDENT DID MENTION ABOUT THE CPPACPP MEETING IS REQUIRED PRIOR TO A SUBMITTAL OF AN APPLICATION.

THIS APPLICATION ACTUALLY TOOK MORE THAN SIX MONTHS.

IT TOOK ALMOST A YEAR TO COMPLETE BECAUSE OF THEIR TRAFFIC STUDY.

STAFF IS REQUIRING IN CERTAIN CIRCUMSTANCES SUCH AS THIS ONE.

AND IF IT'S OVER 100 PEAK HOUR TRIPS TO PROVIDE A TRAFFIC STUDY.

SO THAT HELD UP THIS APPLICATION FOR QUITE SOME TIME BECAUSE TRAFFIC STUDIES DO TAKE SOME TIME TO COMPLETE.

SO THAT'S WHY THE CPP MEETING WAS OVER A YEAR OLD BECAUSE THAT'S WHEN THEY SUBMITTED THE APPLICATION.

THEY ARE REQUIRED IN LINE WITH OUR POLICY. IT IS ALIGNED 90 DAYS BEFORE THEY SUBMIT THEIR APPLICATION.

OKAY. AND I ALSO WANTED TO POINT OUT I'M SORRY I DIDN'T REALIZE IT ON THE CONCEPT PLAN EARLIER, BUT I'M SORRY. I'M GOING TO GRAB THE THE POINTER POINTS UP THERE.

YOU DON'T HAVE TO BE SO SORRY. OKAY. OVER HERE, THAT AREA WHERE IT'S STRIPED, THAT IS A BUFFER. AND THEN RIGHT HERE IT SAYS 20FT, I BELIEVE.

[01:35:07]

AND THAT'S FOR A SIDEWALK. SO A SIDEWALK IS REQUIRED FOR DEVELOPMENT APPLICATIONS.

WHEN THEY SUBMIT THEIR ADMINISTRATIVE SITE, PLAN TO HAVE A SIDEWALK ALONG GLEN COVE, ALONG THEIR PROPERTY LINE AND ALONG EMERSON ALONG THEIR PROPERTY LINE.

SO THEY WILL BE REQUIRED TO PUT A SIDEWALK IN.

OKAY. ALL RIGHT. ARE THERE ANY QUESTIONS OF THE BOARD FOR STAFF BEING THAT STAFF HAS JUST GIVEN US SOME INFORMATION BEFORE WE BRING IT BACK TO THE BOARD FOR A MOTION.

I BELIEVE THE GUY IN THE BLUE SHIRT HAD A QUESTION AS WELL. I'M SORRY. YEAH, WE'VE CLOSED THE PUBLIC HEARING AND SO I APOLOGIZE.

IT WOULD BE DURING THE PUBLIC HEARING THAT WE WOULD BRING THAT FORWARD. SO I WANTED TO KNOW I UNDERSTAND, I JUST I HAVE TO KEEP THIS MOVING ALONG. SO THERE WAS A QUESTION DOWN HERE.

YEAH. I JUST WONDERED IF THE STAFF WITH THE STAFF'S RECOMMENDATIONS WERE FOR THIS PROJECT.

STAFF IS NOT REQUIRED TO PROVIDE A RECOMMENDATION FOR CONDITIONAL USES.

OKAY. YOU MENTIONED SIDEWALKS THAT THEY'LL BE PUTTING IN SIDEWALKS.

THAT'S A REQUIREMENT FOR ALL OUR SITE PLAN SUBMITTALS.

CORRECT. IS TO PROVIDE A SIDEWALK ALONG THEIR PROPERTY.

AND SOME PEOPLE HERE AND I HAVEN'T BEEN TO THE SITE, BUT SOME, SOME FOLKS HERE WERE SAYING THAT THERE WASN'T ANY SIDEWALKS.

SO WHAT ARE THESE SIDEWALKS GOING TO ATTACH TO? NOTHING. THEY'RE ONLY REQUIRED ALONG THEIR PROJECT SITE.

THE CITY EVENTUALLY COULD COME IN IN THE FUTURE FOR SIDEWALK PROJECT TO CONTINUE IT.

THE CITY IS WORKING ON MANY SIDEWALK PROJECTS NOW.

OUR CITY IS QUITE LARGE, SO THEY ARE SLOWLY WORKING ON PROVIDING SIDEWALKS.

THANK YOU. THANK YOU. THERE WAS A QUESTION DOWN HERE.

NO. OKAY, SO WE WILL NOW BRING THIS BACK TO THE BOARD BEFORE WE BEGIN OUR DISCUSSIONS, MR. CHAIR. YEAH, I'LL MOVE THAT. THE PLANNING AND ZONING BOARD RECOMMEND DENIAL OF CASE NUMBER CU25-0003.

NUMBER 269. NEW GAS STATION CONVENIENCE STORE WITH DRIVE THRU ENDCAP.

BECAUSE IT FAILS TO MEET THE FOLLOWING CRITERIA FOR THE CITY OF PALM BAY CODE AND ORDINANCES.

SPECIFICALLY SECTION 174 DASH EXCUSE ME 174.041, WHICH STATES THE PROPOSED USE WILL CONSTITUTE A NUISANCE OR HAZARD BECAUSE OF VEHICULAR TRAFFIC, MOVEMENT, DELIVERY OF FUEL MOVEMENT, NOISE AND OR FUME GENERATION.

A COUPLE POINTS I WANTED TO BRING UP. ONE WAS PUBLIC SAFETY.

I BELIEVE THAT POLICE AND FIRE AT A SHORTFALL RIGHT NOW.

WE ARE DISCUSSING THAT LATER ON AT THIS PLANNING AND ZONING MEETING.

SO I DO HAVE A CONCERN IF SOMETHING WAS TO HAPPEN TO THAT GAS STATION, HOW PUBLIC SAFETY WOULD RESPOND AND HOW LONG IT WOULD TAKE TO RESPOND.

AND THEN NUMBER TWO WAS THE TRAFFIC IMPACT. MR. FERRERO, I KNOW YOU. YOU MENTIONED A TURN LANE ON EMERSON DRIVE.

HOWEVER, I DIDN'T HEAR ANYTHING ABOUT GLEN COVE ITSELF, WHICH IS A NARROW ROAD.

SO THAT WAS THAT WAS MY CONCERNS FOR, FOR THIS ITEM.

OKAY. IS THERE A SECOND? I'LL SECOND IT. OKAY.

THAT WAS A SECOND BY MR. CATALANO. ALL RIGHT.

WE WILL OPEN IT UP TO DISCUSSION. ANYBODY FROM THE BOARD WISH TO DISCUSS THIS ITEM? WELL, I WOULD ACTUALLY LIKE TO SAY A COUPLE THINGS. I AGREE YOU KNOW, WHEN I LOOK AT THIS PROPERTY AND WHAT'S BEING PLANNED.

I CAN'T HELP BUT THINK ABOUT THE DUNKIN DONUTS RIGHT OFF OF MALABAR AND WHAT HAPPENS THERE ON THAT RESIDENTIAL STREET. WHEN FOLKS TRY TO GET IN THERE, THE TRAFFIC BACKS UP HORRIBLY.

IT ACTUALLY BACKS UP INTO MALABAR AS FOLKS ARE TRYING TO ACCESS THE DRIVE THROUGH OR THEY'RE TRYING TO ACCESS THE GAS STATION.

I DON'T I DON'T SEE HOW GLEN COVE IS GOING TO BE ABLE TO SUPPORT WHAT IS BEING PROPOSED HERE.

THOSE ARE MY FEELINGS ON IT. SO I WILL BE VOTING AGAINST THIS THIS EVENING.

ALL RIGHT. ALL MR. CHAIR, I'M SORRY. BEFORE THE BOARD CALLS FOR A VOTE.

I JUST WANTED TO I DON'T KNOW IF I HEARD THE SUBSECTION QUOTED CORRECTLY, SO I JUST WANT TO PUT 174.041.

IT'S 172.02 FOR CONDITIONAL USES. SUB SEVEN. SO I JUST WANTED THE THE THE SUBSTANCE WAS CORRECT AND ALIGNS WITH WHAT'S IN THE CODE.

CAN YOU GIVE ME THAT. CAN YOU GIVE ME THAT REFERENCE AGAIN 17172.0242477.

THERE'S A SUBSECTION F SEVEN. OKAY F SEVEN. MADAM ATTORNEY.

[01:40:02]

I DO HAVE 174 DASH. EXCUSE ME, 174.041. AND I AM CITING THE THE PALM BAY CODE HERE 174.041 FUEL STATIONS. SECTION F THE PROPOSED USE WILL NOT CONSTITUTE A NUISANCE OR HAZARD BECAUSE OF VEHICULAR TRAFFIC, MOVEMENT, DELIVERY OF FUEL MOVEMENT, NOISE, OR FUME GENERATION.

IS THAT THE SAME? WHAT IS 172.024? MR. CHAIR UNDERSTOOD.

AND MY APOLOGIES. SO THERE THERE ARE TWO POTENTIAL GROUNDS HERE.

SO THE, THE OTHER CODE THAT I'M LOOKING AT IS SPECIFIC TO CONDITIONAL USES.

SO 172.024 IS CONDITIONAL USES. AND THAT SUBSECTION THAT I CITED HAS SIMILAR LANGUAGE.

AND IT SAYS THE PROPOSED USE WILL NOT CONSTITUTE A NUISANCE OR HAZARD BECAUSE OF THE NUMBER OF PERSONS WHO WILL ATTEND OR USE THE FACILITY, OR BECAUSE OF VEHICULAR MOVEMENT, NOISE, FUME GENERATION OR TYPE OR PHYSICAL ACTIVITY.

THE USE AS PROPOSED FOR DEVELOPMENT WILL BE COMPATIBLE WITH THE EXISTING OR PERMITTED USES OF ADJACENT PROPERTIES.

SO IT'S SIMILAR TO SIMILAR TO THAT LANGUAGE. BUT I WAS LOOKING AT THE CONDITIONAL USE SECTION.

SO MY APOLOGIES. SO EITHER OUR LEGAL GROUNDS EITHER OR BOTH ARE LEGAL GROUNDS.

THANK YOU. I'LL JUST KEEP BOTH OF THESE IN MY NOTES THEN.

YEAH. OKAY. SO NOW I'LL CALL FOR A VOTE. ALL OF THOSE IN WHO ARE IN FAVOR OF DENIAL OF 0425-0003.

DESIGNATE BY SAYING I I HONOR OF JASMINE I. ALL OPPOSED? OKAY. UNANIMOUSLY. THIS IS DEFEATED. THANK YOU.

THANK YOU. LADIES AND GENTLEMEN, WE WILL MOVE ON TO ITEM NUMBER

[OLD/UNFINISHED BUSINESS:]

THAT. GOOD EVENING. LET'S GIVE IT JUST A SECOND.

THANK YOU. GOOD EVENING, CHAIR AND PLANNING AND ZONING BOARD MEMBERS.

ALTHEA JEFFERSON, GROWTH MANAGEMENT DIRECTOR.

CASE CP26-00001 IS A STAFF INITIATED REQUEST TO AMEND THE CAPITAL IMPROVEMENT ELEMENT OF THE PALM BAY COMPREHENSIVE PLAN. THIS IS.

PERTAINING TO LEVEL OF SERVICE STANDARDS FOR PUBLIC SAFETY FACILITIES AND SERVICES.

STAFF IS RECOMMENDING REVISIONS TO POLICY C-1.5A AND POLICY CIE-1.5G. FURTHER, IN SUPPORT OF PUBLIC SAFETY.

LEVEL OF SERVICE FOR RELATED PUBLIC FACILITIES AND SERVICES TO ENSURE THAT FACILITIES INCLUDING FIRE PROTECTION, EMERGENCY RESPONSE, PRIORITY, LAW ENFORCEMENT CALLS AND RELATED APPARATUS ARE AVAILABLE AT THE TIME THEY ARE NEEDED.

LEVEL OF SERVICE STANDARDS HELP TO ENSURE THAT THE IMPACTS OF NEW DEVELOPMENT DO NOT CAUSE ESSENTIAL SERVICES TO FALL BELOW ACCEPTABLE STANDARDS.

FLORIDA PLANNING LAW ALLOWS LOCAL GOVERNMENTS TO ADOPT LEVEL OF SERVICE STANDARDS WITHIN THE COMPREHENSIVE PLAN TO ENSURE THAT PUBLIC FACILITIES AND SERVICES ARE PROVIDED CONCURRENT WITH DEVELOPMENT.

SANITARY SEWER, SOLID WASTE, DRAINAGE AND POTABLE WATER ARE THE ONLY FACILITIES AND SERVICES, PUBLIC FACILITIES AND SERVICES SUBJECT TO CONCURRENCY REQUIREMENTS ON A STATEWIDE BASIS.

HOWEVER, ANY LOCAL GOVERNMENT MAY EXTEND THE CONCURRENCY REQUIREMENT SO THAT IT APPLIES TO ADDITIONAL PUBLIC FACILITIES WITHIN ITS JURISDICTION. IF CONCURRENCY IS APPLIED TO OTHER PUBLIC FACILITIES, THE LOCAL GOVERNMENT COMPREHENSIVE PLAN MUST PROVIDE THE PRINCIPLES, GUIDELINES, STANDARDS AND STRATEGIES, INCLUDING ADOPTED LEVELS OF SERVICE TO GUIDE ITS APPLICATION.

THE PROPOSED PUBLIC SAFETY. LEVEL OF SERVICE AMENDMENT TO THE COMPREHENSIVE PLAN IS CONSISTENT WITH FLORIDA STATUTES.

163.3180 AND 1.6163.3177 REGARDING CONCURRENCY FOR PUBLIC

[01:45:04]

CURRENTLY IN OUR COMPREHENSIVE PLAN, AS I JUST MENTIONED, WITH REGARD TO FLORIDA STATUTES, WE DO HAVE ESTABLISHED LEVEL OF SERVICE STANDARDS FOR WASTEWATER POTABLE WATER DRAINAGE.

AND YOU CAN SEE ON THE SCREEN BEFORE YOU WHAT THOSE STANDARDS ARE CURRENTLY IN OUR COMPREHENSIVE PLAN.

AND NOT ONLY ARE THOSE STANDARDS ESTABLISHED, BUT THE TIMING OF THOSE STANDARDS IS ALSO SET FORTH.

AND HERE'S AN EXAMPLE OF THE TIMING REQUIREMENTS FOR UTILITIES.

UTILITIES MUST BE AVAILABLE UPON CERTIFICATE OF OCCUPANCY OR EQUIVALENT FOR PARKS WITHIN.

OUR TIMING FOR THOSE PUBLIC FACILITIES HAS TO BE WITHIN ONE YEAR IF THEY'RE NOT CURRENTLY IN PLACE.

AND FOR TRANSPORTATION, THEY MUST BE AVAILABLE UNDER CONSTRUCTION OR SCHEDULED WITHIN THREE YEARS OF OCCUPANCY, WITH PROJECTS IDENTIFIED WITHIN THE FIVE YEAR CAPITAL PLAN.

THE AMENDMENT IS IN ALIGNMENT WITH THE CITY'S CAPITAL PLANNING AND DEVELOPMENT REVIEW PROCESSES IN THE LAND DEVELOPMENT CODE.

THE CAPITAL PLAN THAT WAS PROVIDED AS PART OF YOUR BACKUP FOR THIS ITEM WAS DEVELOPED BY.

FOR AND WITH STAFF'S. COMMITMENT TO ALIGN PUBLIC SAFETY AND PUBLIC FACILITIES NEEDS, INCLUDING APPARATUS AND RELIABLE EMERGENCY RESPONSE. THE AMENDMENT IS INTENDED TO PROMOTE THE ORDERLY DEVELOPMENT OF PUBLIC FACILITIES THAT PROVIDE EQUITABLE ACCESS TO PUBLIC SAFETY SERVICES. AS THE CITY OF PALM BAY RAPIDLY GROWS AND THE AMENDMENT ALSO PROVIDES A FRAMEWORK FOR MONITORING LEVEL OF SERVICE PERFORMANCE AND ADJUSTING STAFFING FACILITIES AND SERVICE AND FUNDING TO MAINTAIN SERVICE LEVELS AS GROWTH OCCURS.

I ALSO WANTED TO PROVIDE FOR YOU AN EXAMPLE OF THE TYPES OF APPLICATIONS THAT ARE REQUIRED TO UNDERGO A CONCURRENCY REVIEW, AND THAT INCLUDES YOUR APPLICATIONS THAT YOU OFTEN SEE FOR REZONINGS AND FUTURE LAND USE MAP AMENDMENTS.

AND THEN THERE ARE THOSE THAT DO NOT COME BEFORE YOU, WHICH ARE THE PLAQUES AND SITE PLANS.

SO WITHIN OUR CODE WE HAVE SECTION 172.021 C, WHICH IS THE REVIEW CRITERIA FOR COMPREHENSIVE PLAN AMENDMENTS, WHERE IT STATES THAT WHETHER THE PROPOSED AMENDMENT WILL ADVERSELY AFFECT THE LEVEL OF SERVICE OF PUBLIC FACILITIES AS PART OF THAT REVIEW CRITERIA AND FOR ZONING MAP AMENDMENTS, AGAIN, WHICH ALSO COME TO YOU, OR ZONING MAP AMENDMENT TO PUD SECTION 172.030 E UNDER SUBMITTAL. IT STATES THAT ONCE THE APPLICATION IS DEEMED COMPLETE, THE LAND DEVELOPMENT DIVISION SHALL PROCESS AND COORDINATE THE REVIEW BY THE APPROPRIATE CITY DEPARTMENTS. THE APPROPRIATE CITY DEPARTMENTS TO INCLUDE POLICE AND FIRE SHALL REVIEW AND COMMENT ON THE SUBMITTED INFORMATION.

WRITTEN COMMENTS FROM THE CITY DEPARTMENT SHALL BE RETURNED TO LAND DEVELOPMENT, TO BE INCORPORATED INTO A STAFF REPORT AND PREPARED FOR A REGULARLY SCHEDULED PLANNING AND ZONING BOARD MEETING IN ACCORDANCE WITH THE TIMELINE SET FORTH IN FLORIDA STATUTES AND ALSO UNDER REVIEW CRITERIA.

IT STATES THAT THE AVAILABILITY AND ADEQUACY OF EXISTING POLICE AND FIRE SERVICES TO SUPPORT THE PROPOSED PLANNED UNIT DEVELOPMENT MUST BE PROVIDED IN THE REVIEW CRITERIA. REGULATIONS IN THE EXISTING PALM BAY CODE OF ORDINANCES ALREADY RELIES UPON STAFF TO PROVIDE AN ANALYSIS OF PUBLIC FACILITIES RELATED TO PUBLIC SAFETY.

AGAIN, GOING BACK TO THE EXAMPLES THAT I PREVIOUSLY PROVIDED TO YOU WITHIN OUR LAND DEVELOPMENT CODE, WE HAVE PROVISIONS FOR REVIEW CRITERIA, SUBMITTAL CRITERIA FOR VARIOUS APPLICATIONS.

[01:50:05]

WHAT STAFF IS PROPOSING TODAY FOR THE ENHANCEMENT OF WHAT WE CURRENTLY HAVE FOR POLICE.

THE PROPOSED LEVEL OF SERVICE STANDARDS FOR LAW ENFORCEMENT ARE NOT BASED SOLELY ON NATIONAL BENCHMARKS, BUT ARE ALSO DERIVED FROM ONGOING PERFORMANCE MONITORING CONDUCTED BY THE PALM BAY POLICE DEPARTMENT.

THIS INCLUDES ANALYSIS OF RESPONSE TIMES, CALLS FOR SERVICE STAFFING LEVELS, AND GROWTH TRENDS.

THESE DATA, COMBINED WITH THE PROFESSIONAL JUDGMENT AND OPERATIONAL EXPERTISE OF THE POLICE CHIEF AND COMMAND STAFF, ENSURE THAT THE PROPOSED LEVEL OF SERVICE STANDARDS ARE REASONABLE, ACHIEVABLE AND TAILORED TO THE CITY'S SPECIFIC CONDITIONS AND SERVICE DEMANDS.

AS MENTIONED IN THE STAFF REPORT, THE PROPOSED PRIORITY CALL RESPONSE TO PRIORITY CALLS FOR EIGHT MINUTES AND 10 TO 15 MINUTES WERE USING THE NATIONAL STANDARDS AS WELL AS WHAT I JUST STATED WITH REGARD TO OUR OWN RECORDS, OUR TRENDS, RESPONSE TIMES, CALLS FOR SERVICE, STAFFING LEVELS AND THE SUCH.

IN FACT, OUR OWN CHIEF RECOMMENDED THAT PRIORITY CALL CALLS.

PRIORITY TWO CALLS BE SET AT EIGHT MINUTES RATHER THAN SEVEN.

WITH REGARD TO THE FIRE LEVEL OF SERVICE, WE DID USE INFORMATION FROM NOT ONLY THE FLORIDA FIRE PREVENTION CODE, BUT ALSO SOME OF THE STANDARDS ARE BASED ALSO ON ADAPTED ADAPTATIONS TO OUR LOCAL CONDITIONS THROUGH THE PROFESSIONAL JUDGMENT AND OPERATIONAL EXPERTISE OF OUR OWN PALM BAY FIRE RESCUE DEPARTMENT.

AND THE STANDARDS THAT WE'RE PROPOSING REFLECT DECADES OF INSTITUTIONAL KNOWLEDGE, HISTORICAL RESPONSE, PERFORMANCE, AND STRATEGICALLY AND STRATEGIC PLANNING BY THE FIRE CHIEF AND HIS COMMAND STAFF, ENSURING THAT THE ADOPTED LEVEL OF SERVICE IS REASONABLE, ACHIEVABLE, AND RESPONSIVE TO THE CITY'S SPECIFIC GROWTH PATTERNS AND SERVICE DEMANDS.

AGAIN. I SHOWED YOU PREVIOUSLY THE TIMING REQUIREMENTS FOR SOME OF OUR OTHER LEVEL OF SERVICE STANDARDS, AND THE TIMING REQUIREMENT FOR PUBLIC SAFETY PUBLIC FACILITIES WILL BE THAT THEY BE AVAILABLE BY CERTIFICATE OF OCCUPANCY OR EQUIVALENT. TONIGHT, STAFF IS ASKING THE PLANNING AND ZONING BOARD TO MAKE A RECOMMENDATION TO THE CITY COUNCIL TO TRANSMIT THIS AMENDMENT, OR NOT TRANSMIT THIS AMENDMENT TO FLORIDA COMMERCE FOR REVIEW.

WITH THAT, I'LL TAKE ANY QUESTIONS. I HAVE A QUESTION FOR STAFF.

I GOT TO SAY, I'M KIND OF SURPRISED TO SEE THAT PRIORITY ONE IS EIGHT MINUTES.

I SAW IT ACTUALLY TOOK YOU NINE MINUTES TO DO YOUR PRESENTATION.

AND I'M THINKING ABOUT IF SOMEBODY CALLS 911 AND HAS TO WAIT THAT LONG BEFORE SOMEBODY SHOWS UP, AND WE WERE AT SEVEN MINUTES AND WE'RE PROPOSING CHANGING IT TO EIGHT MINUTES AS A MINIMUM.

THAT IS WHAT YOU SAW THE LAST MONTH WHEN WE CONTINUED THE ITEM.

THAT WAS THE SAME PROPOSAL. YEAH. SO WHAT WE'RE BEING ASKED TO DO TONIGHT IS TO ADOPT THIS INTO THE CODE, TO MAKE A RECOMMENDATION, TO MAKE A RECOMMENDATION THAT THE CITY COUNCIL TO AMEND OUR COMPREHENSIVE PLAN TO ADD THE PROPOSED LANGUAGE THAT I PROVIDED AS YOUR BACKUP.

AND THAT PROPOSED LANGUAGE IS ALMOST IDENTICAL TO THE LANGUAGE USED FOR OUR OTHER LEVEL OF SERVICE STANDARDS IN THE COMPREHENSIVE PLAN WITH REGARD TO TIMING. OKAY. ALL RIGHT. ARE THERE ANY QUESTIONS FOR STAFF REGARDING THIS ITEM, MR. CHAIR? YES.

I, I JUST WANTED TO CONFIRM WITH STAFF. I HAVE A FEW QUESTIONS I WANT TO CONFIRM WITH STAFF. THIS IS ONLY FOR FIRE AND FOR POLICE, NOT FOR UTILITIES OR SCHOOLS OR ANYTHING ELSE.

WE ALREADY HAVE THOSE LEVEL OF SERVICE STANDARDS SET IN OUR COMPREHENSIVE PLAN.

WE HAVE CERTAIN STANDARDS ALREADY ESTABLISHED IN OUR LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN FOR WHAT YOU'RE LOOKING AT TODAY.

[01:55:02]

THANK YOU. NUMBER TWO I HAVE HERE. WHAT? AND THIS MAY BE A QUESTION FOR THE CITY ATTORNEY.

SO IF WE ADOPT THIS AND THEN OUR AVERAGE IS EIGHT MINUTES FOR A PRIORITY TWO CALL.

SO ADOPTED WHAT HAPPENS NEXT YEAR IF PRIORITY TWO CALLS HAD 9 OR 10 MINUTE RESPONSE TIMES.

RIGHT. YEAH. SO, MR. CHAIR, IF I MAY. AND BASICALLY, THIS IS SETTING A STANDARD THAT NEW DEVELOPMENT WOULD HAVE TO SATISFY IN ORDER TO BE APPROVED.

I DON'T KNOW THAT. WE'RE WE'RE NOT NECESSARILY.

ESTABLISHING A LEVEL OF CARE OR DUTY OF CARE ON THE CITY.

WE'RE SAYING THAT IF YOU ARE GOING TO BE DEVELOPING WITHIN THE CITY, WE HAVE TO MAKE SURE THAT YOUR DEVELOPMENT DOESN'T CAUSE SERVICES TO DROP BELOW THIS LEVEL. AND THERE WOULD NEED TO BE A LOGICAL LINE DRAWN BETWEEN THE DEVELOPMENT AND AND THE LEVEL OF SERVICE.

THANK YOU. SO I JUST WANTED TO CONFIRM THAT WE'RE NOT GOING TO SHOOT OURSELVES IN THE FOOT.

IF A YEAR FROM NOW OR TWO YEARS FROM NOW, RESPONSE TIMES ARE 9 OR 10 MINUTES FOR PRIORITY TO CALL IT.

IT IS IT'S AN EXPRESSION OF A LEVEL OF SERVICE THAT, THAT THE CITY DESIRES TO PROVIDE FOR NEW DEVELOPMENT, FOR NEW DEVELOPMENT. YES, SIR. THANK YOU. THE OTHER QUESTION I HAD HERE THAT I SAW STAFF ADMITTED IT.

POLICE SUBSTATION SHALL BE PLANNED TO MAINTAIN ADOPTED RESPONSE TIMES, LOW STANDARDS.

WHY DID STAFF OMIT THAT? IT WAS OMITTED BY REQUEST OF THE POLICE CHIEF.

SUBSTATIONS ARE NOT LIKE FIRE STATIONS. SUBSTATIONS ARE ARE NOT LIKE FIRE STATIONS.

AND SO THEIR RESPONSE TIMES, THEY'RE ALREADY IN THE FIELD.

YEAH. THE POLICE OFFICERS. OKAY. SO MY QUESTION BECAUSE WE WERE AT SEVEN AND NOW WE'RE GOING, OKAY. OKAY. WE'RE NOT AT SEVEN. SO IT DID CHANGE IN THE PROPOSED ORDINANCE FROM 7 TO 8.

WE WERE WE WERE CITING THE NATIONAL STANDARD WHEN WE WHEN WE INITIALLY LOOKED AT THIS AND UPON REVIEW, AS I MENTIONED LAST MONTH, THE POLICE CHIEF AND STAFF, BASED ON DATA THAT THEY HAVE IN TERMS OF THEIR RESPONSES.

THAT IS THE NUMBER THAT THEY FELT MOST COMFORTABLE WITH MEETING.

SO FROM WHAT I'M HEARING IS THEN I CAN EXTRAPOLATE FROM THAT THAT OUR AVERAGE RESPONSE TIME FOR PRIORITY ONE CALLS IS SOMEWHERE BETWEEN 7 AND 8 MINUTES. NOW WE'RE TALKING ABOUT PRIORITY ONE.

I THOUGHT THIS WAS FOR PRIORITY TWO IS PRIORITY TWO.

OKAY. I CANNOT ANSWER. I DIDN'T SEE PRIORITY ONE THEN.

I THOUGHT I SAW PRIORITY, I THOUGHT PRIORITY ONE WAS THE EIGHT MINUTE AND PRIORITY TWO WAS 10 TO 15 MINUTES.

PRIORITY TWO AND PRIORITY THREE ARE WHAT DO WE KNOW? WHAT PRIORITY IS PRIORITY ONE ADDRESSED? I GUESS WHAT'S THE DIFFERENCE BETWEEN A PRIORITY ONE AND A PRIORITY TWO? I DON'T BELIEVE WE HAVE ANYONE HERE FROM THE POLICE DEPARTMENT.

THAT WOULD HAVE TO BE SOMETHING I'D ANSWER AS A FOLLOW UP ONCE I SPOKE TO THE POLICE DEPARTMENT.

WHAT WAS THAT? THE FIRE CHIEF WOULD, YOU KNOW, WOULD YOU KNOW THE RESPONSE TIME FOR PRIORITY ONE FOR POLICE? NO, SIR, I DO NOT. I, I WORK WITH THEM, BUT I DO NOT HAVE THAT ANSWER.

OKAY. I'M SORRY. ARE YOU CHIEF, CHIEF POLICE OR CHIEF OF FIRE? YES. OKAY. JUST. JUST MAKING SURE YOU GOT SUCH A SNAZZY UNIFORM.

YEAH. I JUST. OKAY. I DID HAVE A QUESTION. YOU HAD A CHANCE.

YES. GO AHEAD. SOMETHING IN THERE FOR STAFF? I DON'T KNOW.

I MEAN, WE'RE KIND OF TO THE POINT OF SOME OF THE OTHER BOARD MEMBERS.

WE SEEM TO BE GOING LONGER AND LONGER. IF WE EVER LOOKED AT WHAT IS IT GOING TO TAKE TO SHORTEN THE TIME FOR RESPONSE TIME, WHETHER IT'S ONE, 2 OR 3, AS STAFF EVER LOOKED AT THAT? I WOULD NOT WANT TO ANSWER THAT ON BEHALF OF THE POLICE CHIEF, BUT I AM 99.9% SURE THEY HAVE, BECAUSE I THINK IT'S PART OF THEIR JOB, BECAUSE I THINK, YOU KNOW, OBVIOUSLY, AS MORE DEVELOPMENT COMES INTO THE CITY AND IT'S JUST A THOUGHT THAT I'VE HAD, YOU KNOW, AND DEVELOPERS COME IN AND WE DON'T WANT TO DISCOURAGE THEM.

[02:00:01]

SO I WOULD SAY THAT WE NEED TO START TYING WHAT DEVELOPERS DO WHEN THEY COME IN TO MAYBE SUPPLY A POLICE STATION OR A FIRE STATION, OR WAYS THAT WE CAN REDUCE OUR TIME AS WE GROW AS A CITY.

THAT'S JUST MY IT'S JUST MY OPINION. BUT THAT WAS A QUESTION AND, AND, AND A STATEMENT.

THAT IS WHAT THIS DOES. THAT IS EXACTLY WHAT THIS DOES.

SO WILL THIS ALSO YOU MENTIONED IN THE STAFF REPORT THE LEVEL OF SERVICE D AND THE LEVEL OF SERVICE E.

SO WITH THAT HELP US FROM MAKING IT TO LEVEL OF SERVICE F.

WELL, SO IT SOUNDS LIKE YOU'RE TALKING ABOUT THE TRANSPORTATION LEVEL OF SERVICE.

SO YES, IN OUR COMPREHENSIVE PLAN, OUR LEVEL OF SERVICE IS D.

AND I KNOW WHEN WE THINK ABOUT GRADING, THAT SOUNDS VERY AWFUL, BUT THAT IS THE STANDARD ACTUALLY MANY CITIES ARE HAVE PUT IN THEIR COMP PLANS. NO, IT DOESN'T MEAN THIS IS GOING TO HELP US AVOID A LEVEL OF SERVICE F BECAUSE THAT'S A DIFFERENT STANDARD.

THAT'S FOR ROADS AND THIS IS FOR PUBLIC FACILITIES RELATED MORE TO FIRE.

AND THEY KIND OF GO HAND IN HAND THOUGH. WELL, WHEN WE REVIEW APPLICATIONS, WE LOOK AT THE LEVEL OF SERVICE.

WE HAVE STAFF ON BOARD WHO LOOKS AT ALL OF THESE LEVELS OF SERVICE YOU SEE ON THE SCREEN FOR THESE DIFFERENT AREAS. WE HAVE STAFF ON BOARD WHO ARE ENGINEERS, AND THEY LOOK AT WHETHER OR NOT WE CAN CONTINUE BASED ON THE INFRASTRUCTURE WE HAVE IN PLACE TO WHETHER WE CONTINUE, CAN CONTINUE TO GROW AND MAINTAIN THAT 210 GALLONS PER DAY PER RESIDENTIAL UNIT.

AND THEN THERE'S THERE'S, THERE'S OTHER METRICS BEHIND THAT THAT THEY HAVE TO MAKE SURE THAT WE'RE MAINTAINING.

SO IF THERE IS A DEVELOPMENT THAT'S GOING TO AFFECT OR LOWER OUR ABILITY TO PROVIDE THAT STANDARD, THEN THERE ARE MECHANISMS PUT IN PLACE FOR THEM TO OFFSET THEIR IMPACTS ON OUR LEVEL OF SERVICE.

AND THAT'S HOW IT'S SET UP FOR ROADS. YOU SAW IN THE LAST CASE WHERE ALTHOUGH THE STUDY DIDN'T REQUIRE IT, THEY WERE PUTTING IN A RIGHT TURN LANE INTO THAT PROPOSED GAS STATION.

SO IT'S THINGS LIKE THAT THAT HELP TO OFFSET THE IMPACTS WITHOUT TAKING US TO A LEVEL OF SERVICE F, BUT THAT'S A DIFFERENT LEVEL OF SERVICE. WE HAVE ROADS, WE HAVE WATER, WE HAVE DRAINAGE, WE HAVE PARKS.

OKAY. OKAY. I'M GOING TO GO AHEAD AND OPEN THE PUBLIC HEARING.

AND I'M GOING TO ASK ALL ANYBODY FROM THE AUDIENCE THAT WOULD LIKE TO COME FORWARD AND SPEAK IN FAVOR OF CP.

THANK YOU. CP 26-00001. TO GO AHEAD AND COME FORWARD.

OKAY, I'M GOING TO CLOSE FOR THAT AND ASK ANYBODY WHO WOULD LIKE TO SPEAK IN OPPOSITION TO CP26-00001 TO PLEASE COME FORWARD.

THANK YOU. WELL, IT DOESN'T MATTER. IT'S ALL RIGHT.

THANKS. I HAVEN'T SEEN YOU TOUCHING YOUR FACE.

I THINK YOU'RE OKAY. GOOD EVENING, CHAIRMAN AND MEMBERS OF THE PLANNING AND ZONING BOARD.

MY NAME IS KIM ROSENKER. I'M HERE ON BEHALF OF JKLM ACQUISITIONS, LLC.

THE PROJECT KNOWN AS LOTUS, THAT WAS DENIED BECAUSE OF POLICE AND FIRE LEVEL SERVICES THAT DON'T EXIST.

SO I'M HERE NOT TO OPPOSE PUBLIC SAFETY. I BELIEVE PUBLIC SAFETY IS VERY IMPORTANT.

BUT AS MENTIONED BY MISS JEFFERSON, YOU HAVE TO HAVE DEFENSIBLE GUIDELINES AND YOU SHOULDN'T HAVE TO EXTRAPOLATE WHAT'S BEING SAID TO YOU. I WAS HERE A MONTH AGO AND SAID, WHERE ARE THE STUDIES? WHERE'S THE DATA? AND THEY SAID, WE'RE GOING TO GIVE YOU A PRESENTATION.

AND I FULLY EXPECTED TO HAVE THE DATA THAT SHOWS WHAT CURRENTLY EXIST, WHAT THEY NEED, WHAT IT'S GOING TO COST, AND THE STUDIES AND GUIDELINES TO SHOW WHY THIS LEVEL OF SERVICE AT THIS, AS STATED, ARE IMPORTANT.

[02:05:05]

THEY'VE MENTIONED HISTORICAL DATA. NONE OF THAT'S BEEN PROVIDED TO YOU.

THERE ARE END NOTES, BUT THOSE AREN'T GIVEN TO YOU.

I DID ABOUT AN HOUR GOOGLING, AND I FOUND ALL KINDS OF INFORMATION ABOUT WHAT REALLY HAPPENS WITH THESE NFPA STANDARDS AND WHY THEY'RE NOT REALLY ATTAINABLE, ESPECIALLY IN A CITY LIKE PALM BAY THAT IS SO LONG, THAT HAS SO MUCH TRAFFIC.

AND THEN YOU DO HAVE THE LIABILITY ISSUES. WHAT HAPPENS IF YOU HAVE THESE IN YOUR CODE, THE THE CODE, THE COMPREHENSIVE PLAN AMENDMENT AS PROPOSED, DOESN'T HAVE A LOT OF FLEXIBILITY.

OTHER COMP PLANS DO. BREVARD COUNTY SAYS THESE ARE GUIDELINES.

DOESN'T SAY YOU HAVE TO MEET THEM. AND THEN I GUESS THE PROCESS WILL BE AFTER THIS IS ADOPTED.

IF SOMETHING IS ADOPTED, THEN YOU'LL HAVE YOUR LAND DEVELOPMENT CODE. BUT RIGHT NOW YOU DON'T HAVE THE DATA AND STUDIES TO SUPPORT THIS, TO KNOW WHAT IS IT, SEVEN MINUTES? IS IT EIGHT MINUTES? IS FOUR MINUTES FOR FIRE REASONABLE? I WOULD SAY IT'S NOT.

EVEN BREVARD COUNTY RECOGNIZES THAT. AND THEIR COMPLAINT IS SIX MINUTES.

AND AGAIN, IT'S A GUIDELINE. SO I DO HAVE A PRESENTATION, BUT THAT WAS JUST MY OVERVIEW.

I'M NOT AGAINST PUBLIC SAFETY BUT THERE HAS TO BE A RATIONAL STANDARDS.

SO YOU DON'T HAVE TO GUESS AND EXTRAPOLATE WHAT'S GOING ON HERE.

AS I SAID, THERE'S STILL NO DATA TO SUPPORT THIS.

IN YOUR STAFF REPORT. THEY ACTUALLY TOOK OUT WHAT SEVERAL OF YOU WERE LOOKING FOR, WHICH WAS A STUDY ON PAGE TWO OF YOUR STAFF REPORT SAYS SEE, COUNCIL RECENTLY AUTHORIZED FUNDING OF A COMPREHENSIVE STUDY.

AND SEVERAL OF YOU SAID, WELL, LET'S SEE THAT COMPREHENSIVE STUDY THAT'S SUPPOSED TO BE HERE IN THREE MONTHS NOW. IT'LL BE TWO MONTHS. LET'S WAIT FOR THAT. AND THAT'S JUST TAKEN OUT OF THE STAFF REPORT FOR UNKNOWN REASONS. SO WHAT I HAVE FOR YOU IS YOUR ENTIRE COMPREHENSIVE POLICY CAPITAL IMPROVEMENT ELEMENT. AND WHAT'S IN IT NOW, IT STATES THAT YOU NEED ADEQUATE PUBLIC FACILITIES.

NOWHERE IN YOUR CODE OR YOUR COMP PLAN IS PUBLIC FACILITIES DEFINED.

I WOULD SUGGEST THAT NEEDS TO BE SOMEWHERE IN YOUR COMPOUND OR LAND DEVELOPMENT CODE, BECAUSE WE DON'T KNOW WHAT IT IS.

FLORIDA STATUTES DOESN'T SAY WHAT IT IS. IF YOU LOOK ON PAGE SEVEN OF THE PACKET WHICH IS FLORIDA STATUTE, ARE YOU TALKING ABOUT THE PAGES THAT YOU NUMBERED? YES. THE PAGES I NUMBERED. SORRY, I KNOW, I JUST WENT BACK AND FORTH. 1633164.

COMMUNITY PLANNING ACT NUMBER 41 PUBLIC FACILITIES DOES NOT INCLUDE POLICE OR FIRE.

IT NEEDS TO BE DEFINED IN YOUR CODE. I ALSO HAVE ON PAGE EIGHT OF MY PACKET 1633177 REQUIRED AN OPTIONAL ELEMENTS OF THE COMP PLAN.

STUDIES AND SURVEYS. THAT'S WHAT I'M LOOKING FOR.

THAT'S WHAT YOU NEED TO SUPPORT YOUR COMP PLAN AMENDMENT.

ONE F STATES ALL MANDATORY AND OPTIONAL ELEMENTS SHALL BE BASED UPON RELEVANT AND APPROPRIATE DATA AND AN ANALYSIS BY THE LOCAL GOVERNMENT THAT MAY INCLUDE, BUT NOT BE LIMITED TO, SURVEYS, STUDIES, COMMUNITY GOALS AND VISIONS AND OTHER DATA AVAILABLE, AND IT MAY BE THERE. AND THE CHIEF POLICE, THE CHIEF OF POLICE MAY HAVE IT, AND THE FIRE CHIEF MAY HAVE IT, BUT YOU DON'T HAVE IT. AND YOU ARE THE RECOMMENDATION BOARD AT THIS POINT.

ON PAGE NINE, DATA MUST BE TAKEN FROM PROFESSIONALLY ACCEPTED SOURCES.

NFPA IS GENERALLY ACCEPTED, BUT I CAN'T TELL YOU THAT STAFF CAN'T REALLY TELL YOU THAT THE FIREPLACE OR FIRE CHIEF NEEDS TO TELL YOU THAT.

ALSO I HAVE ON PAGE TEN ELEMENTS OF THE COMP PLAN, PRIVATE PROPERTY RIGHTS.

IT'S ON PAGE TEN. THIS IS IN YOUR COMP PLAN. I JUST DIDN'T WANT TO PRINT MORE OF YOUR COMP PLAN.

THE RIGHT OF PROPERTY OWNERS TO POSSESS, CONTROL, USE, MAINTAIN, DEVELOP ALL THINGS THAT MUST BE CONSIDERED WHEN YOU'RE ADOPTING THIS COMPREHENSIVE PLAN AMENDMENT. AS MENTIONED, LOTUS WAS DENIED BECAUSE OF POLICE AND FIRE, BUT THERE WAS NO STANDARDS.

SO WE DON'T KNOW WHAT TO DO. AND IF THIS IS ADOPTED, HOW WILL ANY DEVELOPER KNOW WHAT HAS TO BE DONE? HOW CAN WE PROVE SOMETHING IN THE FUTURE? WE DON'T HAVE ANY STANDARDS OTHER THAN NUMBERS, AND IT'S NOT REALLY REASONABLE OR RATIONAL AT THIS TIME.

IF YOU DON'T HAVE THE DATA TO SUPPORT OR TO EXPLAIN HOW IT'S GOING TO BE ENFORCED.

PAGE 11 OF THE PACKET IS THE CONCURRENCY THAT MISS JEFFERSON TALKED ABOUT 1633180.

IT DOES APPLY TO PUBLIC FACILITIES. IT DOESN'T SAY WHAT THEY ARE.

THAT'S EARLIER, BUT B, IT SAYS THE LOCAL GOVERNMENT MUST DEMONSTRATE THAT THE LEVEL OF SERVICE ADOPTED CAN BE REASONABLY MET.

AND THAT'S REALLY IMPORTANT. WE DON'T KNOW IF THESE CAN BE REASONABLY MET BECAUSE AS STATED, THIS CITY IS VERY LONG, IT'S VERY LARGE AND YOU HAVE A LOT OF TRAFFIC ISSUES.

I REMEMBER A STUDY THAT WAS DONE PROBABLY 2 OR 3 YEARS AGO ABOUT THE FIRE DEPARTMENT AND WHAT IS NEEDED AND HOW DEFICIENT THEY WERE IN THEIR EMPLOYEES,

[02:10:03]

SO IF YOU HAVE DEFICIENCY IN YOUR EMPLOYMENT, YOU'RE GOING TO HAVE DEFICIENCIES IN LEVEL OF SERVICE.

MR. THOSE ARE DATA YOU NEED. WE WE HAVE THE FIRE CHIEF HERE WOULD BE APPROPRIATE FOR HIM TO SPEAK ON ANY OF THIS.

OR IF HE CHOOSES TO COME FORWARD AND SPEAK, HE CAN.

THAT'S NOT SOMETHING I CAN MAKE HIM DO. AND, YOU KNOW, AS I MENTIONED, I GOT ON THE INTERNET AND STARTED GOOGLING.

FLORIDA DEPARTMENT OF HEALTH HAS DATA. PAGE 121314.

AND ROUTE RESPONSE TIMES. THIS IS OLD. SO MOST RECENT I COULD FIND MAYBE THEY DON'T KEEP 2015.

SORRY, STARTING ON PAGE 12. OH NO. I WAS LOOKING AT THE YEAR YOU SAID IT WAS.

YEAH. 2015. IT'S ALL I COULD FIND. BUT ON PAGE 15 THE AVERAGE RESPONSE TIME WAS NINE MINUTES.

MEDIAN WAS SEVEN. SO AGAIN THESE ARE JUST DATA THAT I COULD FIND.

BUT YOU SHOULD BE PROVIDED WITH DATA FROM YOUR CITY NOT JUST GENERIC THINGS THAT I COULD FIND ON THE INTERNET.

WHAT I DID FIND WAS AN INTERESTING ARTICLE ABOUT THREE FIRE SERVICE DATA RESPONSE TIMES AND COVERAGE EQUITY, AND IT TALKS ABOUT NFPA 1710 AND 1720. UNDERSTANDING THE INHERENT CHALLENGES WITH AVAILABLE DATA, WE MAY HAVE TO THINK CRITICALLY BEFORE MAKING A DECISION TO ADDRESS THESE STANDARDS.

WHAT I FOUND WAS INTERESTING ON PAGE 17, THE MYTH THAT THESE RESPONSE TIMES ARE ACHIEVABLE IN THE REAL WORLD.

AND IT TALKS ABOUT WHEN YOU ADD ALL OF THE TIME TOGETHER, THE MOST REASONABLE FOR A FIRE CALL IS SIX MINUTES AND 31 SECONDS, BECAUSE YOU HAVE TO ADD TOGETHER THE TURNOUT TIME, THE CALL ANSWER TIME, THE PROCESSING TIME.

AND THAT'S NOT ACCOUNTED FOR IN WHAT YOU'RE SEEING BEFORE YOU TODAY.

IN MOST COMMUNITIES, IT MAY BE COST PROHIBITIVE TO HIRE MORE STAFF, RELOCATE STATIONS TO BUILD ENOUGH ADDITIONAL FIRE STATIONS TO MEET NFPA 1710.

IT ALSO TALKS ABOUT EQUITABLE COVERAGE. SHOULD YOU HAVE MORE PEOPLE DURING HIGHER CALL TIMES? AND THEN AGAIN, WHAT IS EVIDENT IS EVERY COMMUNITY IS DIFFERENT.

CAREFUL THOUGHT AND PLANNING ARE REQUIRED WHEN CONSIDERING FUTURE SERVICE DELIVERY.

AND ALTHOUGH YOUR STAFF MAY HAVE DONE CAREFUL PLANNING, IT HASN'T BEEN PRESENTED TO YOU.

FINALLY, I HAVE IN YOUR PACKET STARTING AT PAGE 19, SENATE BILL 180.

YOU'VE ALL HEARD ABOUT IT. WHETHER YOU'VE SEEN IT OR NOT, THIS IS IT.

SECTION 28 OF THAT BILL PASSED LAST YEAR, SAYS THAT YOU CANNOT ADOPT ANYTHING THAT'S MORE RESTRICTIVE FOR DEVELOPMENT ORDERS BEFORE OCTOBER 1ST OF 2027.

PALM BAY IS ALREADY IN A LAWSUIT OVER SENATE BILL 181.

I'M AWARE OF. I DON'T KNOW IF THERE'S MORE, BUT IF THIS WERE TO BE ADOPTED, IT WOULD DEFINITELY BE MORE RESTRICTIVE AND SUBJECT TO CHALLENGE.

SO. IN SUMMARY, I'M NOT AGAINST PUBLIC SAFETY.

I THINK YOU DO NEED A LEVEL OF SERVICE. I JUST THINK IT HAS TO BE REASONABLE, RATIONAL AND DEFENSIBLE AND BE SUPPORTED BY STUDIES AND SURVEYS.

WITH THAT, I'D ASK THAT YOU NOT ADOPT THIS, ASK FOR THAT DATA AND SURVEYS, AND ASK FOR A PRESENTATION THAT TELLS YOU WHAT IS ACHIEVABLE AND HOW IT'S GOING TO BE MET BY NEW DEVELOPMENT. THANK YOU. THANK YOU MA'AM.

BILL. BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.

WHEN WE'RE LOOKING AT LEVEL OF SERVICE THAT REQUIRES MAN HOURS OR PERSONNEL HOURS, THAT'S SOMETHING THAT'S DETERMINED BY THE TRAFFIC AND WHAT YOUR CURRENT BREAKOUT ALREADY IS. WE'RE LOOKING AT WHEN YOU START LOOKING AT OUR COMPREHENSIVE PLAN AND OUR BUILDING CODES, THAT'S FOCUSING IN ON NEW DEVELOPMENTS AND THEY'RE SAYING, WELL, WHAT'S THIS NEW DEVELOPMENT GOING TO COST? BUT THE CITY OF PALM BAY HAS MORE SCATTER LOT DEVELOPMENT THAN WE DO FROM MASSIVE DEVELOPMENTS.

IT'S STILL IMPACTING ON EVERY SINGLE THING. IT'S IMPACTING ON THE LEVEL OF SERVICE FOR THE POLICE.

IT'S IMPACTING ON THE LEVEL OF SERVICE FOR THE FIRE.

IT'S ALSO IMPACTING ON LEVEL OF SERVICE FOR ALL THE OTHER THINGS THAT THEY'VE LISTED, WHERE THEY ALREADY HAVE A STANDARD THAT THEY'RE TRYING TO MEET.

BUT THE SCATTER LOTS ARE WHAT'S HAVING A BIGGER BIG IMPACT ON, LET'S JUST PUT IT THIS WAY, THE TRAFFIC ON THE ROAD WHERE BOTH OF THESE THINGS LEVEL OF SERVICE, POLICE AND FIRE THAT IMPACTS ON THEM.

IF THE TRAFFIC IS SO BAD, IT DOESN'T MATTER IF YOU PUT A FIRE STATION ONE BLOCK AWAY, IF THE TRUCKS CAN'T GET OUT BECAUSE THE TRAFFIC IS SO STRONG, IT WON'T MATTER. LEVEL OF SERVICE IS DETERMINED BY THE AMOUNT OF TRAFFIC THAT YOU HAVE.

THERE'S NOTHING IN THE COMPREHENSIVE PLAN THAT SAYS, WELL, WE'RE GOING TO REGULATE AND WE'RE GOING TO BUILD APPROPRIATELY TO SUPPORT OUR INFRASTRUCTURE OF OUR CITY. WE SET GUIDELINES ON SAID WHAT YOU CAN DO, BUT NOTHING THAT'S GOING TO HELP YOU SUPPORT IT FOR THE POLICE AND FIRE.

[02:15:08]

IT REQUIRES PERSONNEL. SO WHAT DOES THAT MEAN? OKAY, WELL, WE MADE THINGS BIGGER TO MEET THE LEVEL OF SERVICE.

WE HAVE PUT MORE, MORE, MORE STATIONS ON. BUT NONE OF THAT WILL PUT PEOPLE BEHIND THE WHEEL OR PEOPLE ON THE FIRE HOSE.

THAT HAS TO COME FROM THE TAXPAYERS THEMSELVES, NOT FROM THE BUILDERS OR NOT FROM THE DEVELOPERS.

IT COMES FROM THE TAXPAYER TO SUPPORT THAT INDIVIDUAL.

SO IF WE CAN'T SUPPORT BATON OPINION, ONLY IF YOU CAN'T SUPPORT YOUR GROWTH THAT YOU HAVE NOW, THEN WHAT YOU NEED TO DO IS FIND MECHANISMS TO STOP THE GROWTH IN GENERAL.

BUT LIKE WAS JUST BROUGHT OUT IN THE CONVERSATION EARLIER, SENATE BILL 180.

YOU CAN'T DO THAT. THERE'S NOTHING THAT WE CAN DO RIGHT NOW WITHIN THE CITY OF PALM BAY WHERE WE CAN HINDER GROWTH.

WE'LL BE IN STATE VIOLATION. SO I DON'T KNOW WHERE YOU WANT TO PROPOSE ON THIS ONE, BUT YOU'RE NOT DOING ANYTHING BY THIS PROPOSAL THAT'S GOING TO MEET OR SOLVE THE PROBLEM OTHER THAN SAYS, WELL, WE PUT A NUMBER IN OUR COMP PLAN.

THAT'S ALL THIS IS DOING. THEY'RE GOING TO PUT A NUMBER IN THE COMPREHENSIVE PLAN.

BIG DEAL. THAT DOES NOT STOP ANYTHING BECAUSE I SEE THE COMPREHENSIVE PLAN.

WHEN I MOVED HERE IN 1988, MY COMP PLAN DID NOT MATCH ANYTHING THAT THE WAY THE CITY OF PALM BAY IS BUILT RIGHT NOW IN 2026, I PROMISE YOU IT DID NOT MATCH THAT. SO ALL THAT IS, IT'S A BUREAUCRACY MANDATE THAT WE HAVE THAT WE DON'T HAVE TO PAY ANY ATTENTION TO BECAUSE THE CALLS WOULD BE MODIFIED AND CHANGED AT WILL.

THAT'S MY FIRST POINT. SECOND POINT WHEN WE ARE LOOKING AT THE LEVEL OF SERVICE OR LEVEL OF OR LOSS WHEN IT WENT TO PARKS, MY NUMBER ONE PEEVE IS THAT WE HAVE WE HAVE TO PAY FOR OUR PARKS, AND WE CALL THAT OUR IMPACT FEE FOR DEVELOPMENTS THAT COME TO A PARK. AND IT'S SUPPOSED TO BE GENERATED BY A REVENUE WITH WHICH YOU'RE IN.

I LOOKED AT THE LEVEL OF SERVICE. IT SAYS YOU HAVE TO HAVE A PARK FOR EVERY 1000 RESIDENTS.

YOU HAVE TO HAVE FOUR ACRES OF PARK DESIGNATED WITHIN ONE YEAR.

OUR POPULATION HAS GONE UP. WHAT ARE WE DOING? 10,000. WHAT IS IT, 10,000 NOW A YEAR THAT WE'RE EXPANDING BY.

SO THAT WOULD HAVE BEEN 40 ACRES. I MEAN, FOR 40 ACRES OF PARKS THAT HAVE BEEN BROUGHT INTO THE CITY.

I DON'T SEE IT, BUT THERE'S A LEVEL OF SERVICE, A STANDARD THERE, BUT IT'S NOT HAPPENING IN REALITY.

SO ALL IT IS IS A BUREAUCRACY MANDATE THAT'S IN WRITING DOESN'T DO ANYTHING FOR ACTUALLY SOLVING THE PROBLEMS WITHIN THE CITY OF PALM BAY.

ALL RIGHT. SO THANK YOU VERY MUCH. I PERSONALLY WOULD LIKE TO DO AWAY WITH A LOT MORE OF THE BUREAUCRACY AND LET COMMON SENSE GUIDE US.

BUT IN ORDER TO DECLINE SOMETHING, YOU HAVE TO HAVE IT IN WRITING AND UNDER SENATE BILL 180 RIGHT NOW, YOU CAN'T BRING ANYTHING IN WRITING RIGHT NOW.

THANK YOU, THANK YOU. ANY OTHER MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK IN OPPOSITION? HEARING NONE, WE'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO STAFF. CHIEF, SINCE YOU ARE ON STAFF, I'M NOT GOING TO PUT YOU ON THE SPOT AND MAKE YOU TALK, BUT THE PODIUM IS AVAILABLE IF YOU WOULD LIKE TO COME FORWARD.

I'M GOING TO OPEN IT UP TO STAFF TO RESPOND TO ANYTHING THAT HAS BEEN SAID.

IF YOU HAVE QUESTIONS, I'M MORE THAN HAPPY TO ANSWER THOSE QUESTIONS.

OKAY. ANY QUESTIONS FOR OUR FIRE CHIEF? I HAVE A QUESTION, CHIEF.

WILL THIS MAKE YOUR LIFE EASIER? WHAT MAKES MY LIFE EASIER? WILL THIS MAKE YOUR LIFE EASIER? OH, OKAY. GOTCHA. RICHARD STOVER, FIRE CHIEF, DEPARTMENT OF FIRE RESCUE.

PALM BAY. THANK YOU VERY MUCH, SIR. WHERE WOULD YOU LIKE ME TO START? OKAY.

CURRENTLY, RIGHT NOW, WHERE WE GET OUR STANDARDS FROM IS WE LOOK AT THE NFPA, WHICH IS A NATIONAL RECOMMENDATION ACROSS THE COUNTRY.

NORTH AMERICA. AND THEN WHAT WE LOOK AT IS ISO.

AND THEN WE TURN AROUND, WE LOOK AT I'M SORRY, LET ME DEFINE THAT ISO, THE IN SERVICE INSURANCE SERVICES ORGANIZATION THAT IMPACTS ALL OF US BECAUSE IT TALKS ABOUT HOW MUCH OUR HOMEOWNERS FIRE INSURANCE PORTION OF OUR HOMES AND OUR BUSINESSES ARE.

SO WE LOOK AT THOSE AND THERE'S A LITTLE BIT OF DIFFERENCE THERE.

HOW THEY RATE ONE IS A FIVE MILE RADIUS, AND THEN THE NFPA IN THE CENTER FOR PUBLIC SAFETY, WHICH IS A ACCREDITATION AGENCY, WHICH TELLS YOU HOW HOW YOUR PERFORMANCE IS FOR YOUR AGENCY AT A NATIONAL BENCHMARK.

[02:20:02]

SO WITH THAT, WHEN WE LOOK AT AND IT WAS MENTIONED EARLIER, 1710 AND 1720.

I'LL GIVE YOU THE DIFFERENCE BETWEEN THE TWO. WE ARE A 1710 ORGANIZATION, FULLY CAREER FIRE DEPARTMENT 1720 TALKS ABOUT VOLUNTEER COMBINATION, THOSE KIND OF FIRE DEPARTMENTS WHERE YOU RELY ON PEOPLE COMING FROM HOME AND THEN GETTING TO THE INCIDENT WITHIN A CERTAIN AMOUNT OF TIME.

WE DO NOT USE THAT STANDARD. WE ARE A PROFESSIONAL CAREER ORGANIZATION AND WE USE 1710.

AND WITH THAT, THE BENCHMARKS FOR A FIRE TURNOUT IS 80.

I'M SORRY. FOUR MINUTES. AND THESE ARE THESE ARE NORMALLY PERCENTILES.

90 TO 95% OF THE TIME TO REACH THE GOAL OF THE RESPONSE FOR A FIRE WOULD BE FOUR MINUTES.

AND FOR MEDICAL CALLS, WHEN YOU LOOK AT THE CENTER FOR PUBLIC SAFETY EXCELLENCE, IT'S SIX MINUTES.

IT'S KIND OF BACKWARDS. I WOULD THINK, AS SOMEBODY UP HERE MENTIONED EARLIER ABOUT BREATHING, YOU KNOW, IF YOU PUT THE STRAW IN YOUR MOUTH AND YOU COVER THE END OF IT, FIGURE OUT HOW LONG IT IS BEFORE YOU HAVE TO STOP, IT'S GOING TO BE MUCH QUICKER THAN THAT.

IT'S GOING TO BE QUICKER THAN THE FOUR MINUTES. BUT THAT'S THE STANDARD THAT THEY'VE, THEY'VE SET THAT UP.

SO WE TRY TO BENCHMARK THAT. SO WHAT WE DO LOCALLY IS WE TAKE THESE NATIONAL STANDARDS, WE SAY, CAN WE MEET THOSE? THESE ARE GOING TO BE SOME VERY DIFFICULT THINGS TO MEET.

THE GOAL IS TO DO OUR BEST TO MEET THOSE STANDARDS THE BEST WAY WE POSSIBLY CAN DO THAT, AND THAT TAKES A LOT OF THINGS INTO EFFECT.

WHAT DO WE CURRENTLY HAVE? WHAT ARE WE PROJECTING? WHAT ARE WE DEFICIT OF? AND WE ARE WE'RE CURRENTLY WE'RE DEFICITS SEVEN STATIONS FOR THE TOTAL BUILD OUT OF THIS ENTIRE CITY, THE 97MI². WHEN YOU LOOK AT IT FROM ONE END TO THE OTHER, WE ARE SEVEN STATIONS SHORT OF WHAT THIS ORGANIZATION, THIS CITY, SHOULD HAVE FOR FIRE, FIRE STATIONS THAT IS CAPABLE OF RESPONDING TO BOTH FIRE EMS AND THE THE HAZARDOUS MATERIAL CALLS, SPECIAL OPERATIONS CALLS, THOSE KIND OF THINGS.

SO WITH THAT, WE TURN AROUND, WE LOOK AT, OKAY, THAT'S THAT'S THAT STANDARD THAT PRETTY MUCH LINES UP WITH THE CENTER FOR PUBLIC SAFETY EXCELLENCE. NOW ISO USES THE RADIUS OF FIVE MILES.

THIS IS WHERE WE GOT TO BLEND THOSE TWO TOGETHER.

SO THAT HAS TO BE DONE LOCALLY. WE COULD HAVE ALL THESE NATIONAL STANDARDS, BUT WE HAVE TO ADDRESS THIS AT A LOCAL LEVEL.

SO WE LOOK AT THAT BECAUSE IF YOU'RE OUTSIDE OF THAT FIVE MILE RADIUS BY A BLOCK WHEN YOU'RE IN AND WE JUST WE'RE CURRENTLY, I SHOULDN'T SAY JUST WE ARE CURRENTLY WORKING ON A SITUATION WHERE WE JUST PUT A TEMPORARY FIRE STATION IN THE SOUTH END OF THE CITY.

SOMEONE WENT TO THEIR INSURANCE TO GET OR WANT TO GET THERE.

INSURANCE WHEN THEY MOVED IN AND THEY WERE LIKE, HEY, WE GOT A NEW FIRE STATION DOWN THE STREET.

WE WANT THAT RATE, WHICH CURRENTLY THE CITY OF PALM BAY IS A THREE.

THAT'S THAT'S PRETTY GOOD. IT'S NOT THE BEST ONE IS THE BEST.

WE'RE CURRENTLY IN THE PROCESS OF TRANSITIONING TO A TWO.

AND THEN ONCE WE GET ADDITIONAL EQUIPMENT AND STUFF THAT'S ON ORDER CURRENTLY, WHEN WE GET OUR FINAL EVALUATION, THE MIDDLE TO END OF NEXT YEAR, WE WILL BRING US TO A CLASS ONE.

THAT CLASS ONE IS HUGE FOR TWO DIFFERENT THINGS.

ONE, YOUR HOMEOWNER INSURANCE WILL GO DOWN. NOW WHEN YOU GO DOWN SOUTH, THE THE HOME THAT IS DOWN THERE IS CURRENTLY IN EITHER A SEVEN EIGHT OR A NINE, TEN, NINE AND TEN. DON'T ALWAYS GET INSURANCE THAT'S ON YOU TO TAKE YOU.

OKAY, YOU'RE ON YOUR OWN FOR INSURANCE OR YOU'RE GOING TO PAY SO MUCH MONEY YOU CAN'T AFFORD IT.

SO AS WE'RE MOVING THE UNITS DOWN THERE IN THAT TEMPORARY STATION WE HAVE, WE'RE GOING TO BE ABLE TO CARRY THE THREE THAT THE REST OF THE CITY HAS.

BY THE TIME WE'RE DONE WITH THE FINAL WRAPPING OF THE STATION, IT'LL PROBABLY BE A TWO.

WHAT I MEAN BY THAT IS WE HAVE TO HAVE OUR STATION ENCLOSED, A TEMPORARY AREA WHERE WE PUT OUR TRUCKS UNTIL THE PERMANENT STATION IS BUILT.

ONCE THAT'S DONE, THEY GET THE FULL CREDIT WITHIN THAT FIVE MILE RADIUS.

SO WE TRY TO HIT THE BENCHMARK OF THE PERCENTILE RESPONSE TIMES AND THE FIVE MILE RADIUS, SO THAT EVERYBODY GETS AS CLOSE TO THE BEST AND MOST BENEFICIAL PRICING AND RESPONSE TIMES AS POSSIBLE.

SO IT'S NOT JUST SOMETHING WHERE WE PICK UP A PIECE OF PAPER AND WE SAY, THAT SOUNDS GOOD, LET'S MEET IT. WE HAVE TO BLEND ALL THAT TOGETHER LOCALLY.

SO THAT'S HOW WE WORK WITH THAT. CURRENTLY WHEN I GO IN HERE AND PULL UP SOME NUMBERS, IF WE LOOK AT OUR CURRENT RESPONSE TIME, WE'RE AROUND 7 TO 8 MINUTES.

AND WHAT THAT DOES IS IT TURNS AROUND AND IT GETS US.

WHAT IT SHOWS IS THAT A COUPLE OF THINGS. OUR UNITS ARE VERY BUSY BECAUSE WE DO NOT HAVE ENOUGH STATIONS.

WE DO NOT HAVE ENOUGH APPARATUS AND PEOPLE TO GO WHERE THEY NEED TO GO QUICKLY.

AND OUR STATIONS ARE MOSTLY STAFFED WITH MULTIPLE UNITS AN ENGINE OR A SQUAD, AN ENGINE, A TOWER, A LADDER TRUCK KIND OF THING. SO THEY GO ON MULTIPLE CALLS AT ANY GIVEN TIME.

AND IF YOU LOOK AT SOME OF OUR MOST RECENT DATA, IT SHOWS THAT WHEN WE GO OUT, WE ARE RESPONDING.

[02:25:04]

OUR UNITS ARE OUT OF THE STATION GOING TO MULTIPLE CALLS AT ANY GIVEN TIME.

WHAT THAT DOES IS WHEN WE DON'T HAVE STATIONS IN AREAS THAT ARE BEING DEVELOPED OR NOT YET DEVELOPED, WE GO DOWN THERE AND THE REASON FOR STATION NINE IN FRONT OF SUNRISE ELEMENTARY SCHOOL WAS BECAUSE WE HAD THREE PEDIATRIC CALLS THAT WE HAD A 20 MINUTE RESPONSE TIME FROM THE CLOSEST FOR PEDIATRICS IN THE SCHOOL.

THE SCHOOL. THE PRINCIPAL THERE. SHE CALLED. I BELIEVE IT WAS.

COUNCILMAN JOHNSON BROUGHT THAT TO HIS ATTENTION A COUPLE YEARS LATER.

WE HAVE THE TEMPORARY STATION THERE. NOW, IT GETS US DOWN TO ABOUT 8 TO 10 MINUTES, DEPENDING ON HOW FAR SOUTH WE GO.

SO WE BLEND EVERYTHING. WE LOOK AT OUR STATS, WHICH WE PULL OUT MONTHLY THERE ON OUR WEBSITE, AND THEN WE SAY, OKAY, HOW DO WE BENCHMARK THESE THINGS TO GET TO WHERE WE NEED TO BE? AND YEAH, THE FOUR MINUTES WE'RE TRYING FOR THAT FOUR MINUTES, 90% OF THE TIME.

RIGHT NOW WE'RE 7 TO 8 MINUTES. SOME STATIONS ARE CLOSER TO SIX BECAUSE OF THE CONCENTRATION OF UNITS.

BUT WHEN YOU GET TO A POINT WHERE YOU START PULLING MULTIPLE UNITS OUT, YOU HAVE TO BACKFILL THOSE WITH UNITS FROM OTHER STATIONS, WHICH CREATES MULTIPLE INCIDENTS AT ONE TIME.

SO NOW THE RESPONSE TIME HAS INCREASED NOT JUST FOR THE AREA THAT WE'RE GOING INTO, BUT THE AREAS WE'VE STRIPPED UNITS OF.

SO WHERE PEOPLE LOOK OUT OF THEIR HOUSE AND THEY GO, HEY, I GOT A FIRE STATION RIGHT THERE. I'M COVERED. THERE'S A LARGE PERCENTAGE OF THE TIME THERE'S NOTHING INSIDE OF THAT STATION BECAUSE THEY'RE RUNNING MULTIPLE CALLS. THAT'S HOW WE COME TOGETHER WITH ALL OF OUR INFORMATION AND MAKE OUR DETERMINATION.

THAT'S THE REALLY THE 30,000 FOOT VIEW. SO I REALLY APPRECIATE THAT.

I'VE GOT A QUESTION AS IT GOES TOWARDS THIS ORDINANCE.

YOU KNOW, IT'S A COMP PLAN ORDINANCE. AND FROM WHAT I UNDERSTAND FROM STAFF IS THAT, YOU KNOW, THIS REALLY IS GOING TO PUT ONUS ON NEW DEVELOPERS WANTING TO BRING SOMETHING IN TO OUR CITY.

MY QUESTION IS, PRACTICALLY SPEAKING. DOES THAT HELP YOU? I UNDERSTAND IT GIVES AN INJECTION AND YOU MAY BE ABLE TO BUY EQUIPMENT CAPITAL.

THAT'S NOT MAN HOURS. THAT'S NOT THAT'S NOT MANPOWER THAT GIVES YOU.

SO MY QUESTION TO YOU IS. IS THIS REALLY GOING TO HELP? IT'S MY BELIEF THAT YES, BECAUSE RIGHT NOW, WHAT THE CITY IS LOOKING AT ANY JURISDICTION, EVEN WHEN I WAS WORKING FOR A METRO SIZED COUNTY ORGANIZATION, WHAT WE'RE LOOKING AT IS THE COST OF THAT SERVICE.

AND RIGHT NOW, A STATION, IF YOU TOOK A STATION OR A LOCATION AND SAID, WE'RE GOING TO BUILD A STATION, WE'LL USE STATION NINE DOWN IN THE SOUTH END OF THE CITY.

WE HAVE TO BUY THE PROPERTY. WE HAVE TO DESIGN THE STATION.

WE HAVE TO BUILD THE STATION. WE HAVE TO EQUIP IT JUST TO BUILD.

THE STATION IS PROBABLY GOING TO BE ABOUT 8 TO $10 MILLION, DEPENDING ON WHERE YOU'RE GOING TO LOCATE IT. WHAT YOU'RE GOING TO PUT THERE AND HOW, WHAT SIZE IS, BECAUSE SIZE OF A FIRE STATION TELLS US HOW MANY UNITS WE CAN PUT IN THERE.

SO WE COULD RUN MULTIPLE CALLS AT ANY GIVEN TIME.

WITH THAT, THERE'S ALSO THE APPARATUS. APPARATUS THESE DAYS WAS REALLY EXPENSIVE.

I'M SORRY. VERY EXPENSIVE. YES. WE'RE LOOKING AT ABOUT 930,000 TO JUST OVER $1 MILLION FOR AN EMPTY FIRE TRUCK.

WE NEED WE NEED A FULL FIRE TRUCK FOR EVERY STATION.

WHAT STANDARD SAYS IS YOU NEED TO HAVE A LADDER, TRUCK AND AN ENGINE IN THESE LOCATIONS.

SO WHAT WE'VE CHOSEN TO DO, INSTEAD OF PAYING 2.5 MILLION FOR THE LADDER TRUCK EMPTY AND $1 MILLION FOR THE ENGINE EMPTY, WE'VE DECIDED TO GO WITH THE CONCEPT THAT PUTS THE SMALLER LADDER ON THERE. IT'S CALLED A QUINT.

SO NOW WE'RE GETTING CREDIT FOR TWO TRUCKS WITH A PRICE OF ONE, AND THEN WE'RE FULLY EQUIPPED.

BUT THAT'S STILL ANOTHER 450, $475,000, DEPENDING ON THE TYPE OF UNIT WE'RE PUTTING IN THERE.

SO WHAT THIS DOES IS IT HELPS US TAKE THE COST OF NEW DEVELOPMENT, AND IT PUTS IT ON THE DEVELOPER, WHICH THEY CAN SPREAD OUT WHEN THEY DO THE WHEN THEY SELL THEIR PROPERTY.

AND THEN THE MORTGAGES COME THROUGH AND YOU LOOK AT THE 30 YEAR MORTGAGE, WHAT'S THAT COST OVER THE 30 YEAR MORTGAGE, WHICH IS USUALLY PRETTY MINIMAL WHEN YOU LOOK AT IT. AND AT THE SAME TIME, IT GIVES YOU A REDUCTION IN FIRE INSURANCE AND IT MAKES SURE YOU HAVE SOMEONE THERE FOR NOT JUST FIRE CALLS, BUT FOR MEDICAL CALLS AND OTHER RELATED INCIDENTS THAT COULD BE TAKING PLACE WHERE WE WOULD GET CALLED OUT TO.

SO IT DOES HELP US QUITE A BIT. IT DOES NOT INCLUDE THE STAFFING AS YOU SAID.

IT DOES NOT INCLUDE THAT. THAT'S VERY EXPENSIVE.

SO IF YOU HAVE THE DEVELOPERS BUILDING THE BUILDING AND BUYING THE TRUCK AND EQUIPPING ALL THIS, THEN THE CITY, IT MAKES IT EASIER FOR THE CITY TO AFFORD STAFFING THAT EQUIPMENT AT THE SAME TIME.

SO AS WE'RE WORKING ON MOVING THE STATIONS IN THE CITY, MANAGEMENT IS WORKING ON GETTING THE FUNDS TO WHERE WE COULD HAVE THOSE RECURRING FUNDS EVERY YEAR TO MAKE SURE IT'S PROPERLY STAFFED.

SO YES, IN SHORT, IT DOES HELP THE CITY QUITE A BIT.

I APPRECIATE THAT, SIR. YES, SIR. ANY OTHER QUESTIONS FOR THE FIRE CHIEF? MR. CHAIR, I GOT ONE FOR STAFF, AND I'M COMING RIGHT TO YOU.

OKAY. I JUST WANT TO ASK A QUESTION REAL QUICK. WE HAVE A FIRE RESCUE LEVEL OF SERVICE EVALUATION THAT'S RIGHT HERE IN OUR PACKET.

[02:30:03]

OKAY. YES. ALL RIGHT. WE ALREADY DO. THEY ALREADY DO.

WE. WE DO ALL OF THIS ALREADY. OKAY. MR. FIRE CHIEF.

SO ONE OF THE QUESTIONS HERE FOR THAT YOU WOULD BE PROVIDING FOR LEVEL OF SERVICES.

POPULATION PROJECTIONS FOR FIRE RESCUE. LOSS ANALYSIS SHALL BE CALCULATED USING A STANDARD OCCUPANCY FACTOR OF 2.5 PERSONS PER RESIDENTIAL DWELLING UNIT.

DO YOU FEEL THAT ANY DEVELOPMENT MEETS THAT RIGHT NOW? DO I FEEL I'M SORRY? ANY DEVELOPMENT WITHIN THE CITY OF PALM BAY MEETS THAT RIGHT NOW THAT I CANNOT ANSWER WHAT I BELIEVE.

I BELIEVE FROM WHAT I'VE BEEN TOLD. AND REMEMBER, I'VE ONLY BEEN HERE FOR A FEW YEARS.

AND FROM THE HISTORY, THE HISTORY OF WHAT I'VE HEARD AS THESE DEVELOPERS WERE BUILDING OR AS PLACES WERE BEING BUILT, AND THE STATION OR THE CITY WAS NOT AS POPULATED.

AND I HAVE TO SAY, YES, THE ROADS WERE NOT AS DENSE WITH TRAFFIC, THAT THERE WAS THE ABILITY THAT THAT COULD HAVE BEEN MET.

I WASN'T HERE. I CAN'T SAY THAT, BUT I DO KNOW THAT SINCE I'VE BEEN HERE, WE ARE SO FAR BEHIND THAT WE'RE NOT MEETING IT, BUT WE'RE NOT MEETING IT BECAUSE THE STATIONS AREN'T THERE, AND WE NEED TO GET THOSE STATIONS THERE TO MAKE SURE THAT WE CAN BRING US TO THAT STANDARD AND MAKE SURE THAT THE CITIZENS ARE GETTING WHAT THEY'RE PAYING FOR. WE HAVE A PART.

WE HAVE A PART OF THE CITY THAT THE CITIZENS ARE PAYING ONE PRICE, AND THEY'RE GETTING A SERVICE FROM ANOTHER ORGANIZATION BECAUSE WE CAN'T PUT A STATION THERE BECAUSE WE DON'T HAVE THE MONEY. IT JUST PROPERLY IT WASN'T PROPERLY PLANNED IN THE BEGINNING.

WHEN YOU START IN COMING IN BEHIND THE EIGHT BALL, THE JOB IS FIX THE PROBLEMS, GET IT TO WHERE THAT EVERYTHING IS MOVING SMOOTHLY.

WELL, WE HAVE TO MAKE SURE THAT WE'RE PLANNING FOR THE FUTURE TO GET TO WHERE WE NEED TO BE.

AND THIS IS WHAT THIS IS ABOUT. THIS IS GETTING IT SET UP SO THAT AS WE LOOK AT THIS GROWTH THAT WE KNOW IS COMING AND IT'S NOT GOING TO GET SLOWED OR IT'S NOT GOING TO STOP ANYTIME SOON, WE NEED TO BE ABLE TO START MAKING THAT PLANNING.

SO AS WE TURN AROUND AND WE GET THOSE STATIONS OPEN AND WE START RELIEVING THE UNITS THAT ARE IN THE CURRENT PART OR THE THIS PART OF THE CITY, THOSE THOSE TIMES AND THOSE NUMBERS ARE GOING TO START TO ADJUST TO BETTER NUMBERS FOR THE CITY AS A WHOLE.

DO YOU FEEL COMFORTABLE WITH THIS QUESTION? WHEN ANY DEVELOPMENT COMES UP ASKING THIS QUESTION ABOUT 2.5 PER PERSONS, PER RESIDENTIAL DWELLING FOR FIRE. IS THAT PER FOR POLICE? THAT'S FOR FIRE. FIRE! I GOT ONE OF THOSE RIGHT HERE.

LET ME GIVE YOU WHAT THAT SHOULD BE THEN. WHAT THEY'RE LOOKING AT IS WE GO AND AGAIN, WE DON'T DO JUST ONE.

SO WE'RE LOOKING AT THAT WE GOT THE POPULATION THERE.

WE'RE LOOKING AT CAREER WHEN WE GO BACK TO THE COEFFICIENTS AND EVERYTHING USED BY DIFFERENT STUDIES THAT WERE DONE ON WHAT'S BEST FOR DEVELOPERS OR FOR FIRE DEPARTMENTS AND STAFFING. WE LOOK AT CAREER WITH THE WORKWEEKS AND THAT HELPS US TURN THINGS OUT TO WHERE WE HAVE CURRENTLY RIGHT HERE. WHAT WE'RE LOOKING AT IS WE SHOULD BE RIGHT AROUND THE TWO.

AND IF WE GET THOSE TWO PER, WHAT THAT DOES IS ALLOW US TO PROPERLY STAFF THE APPARATUS TO THE, ACCORDING OR TO THE STANDARD OF THE NFPA 1700, WHICH GIVES US AN EFFECTIVE RESPONSE FORCE, WHICH MEANS THAT WE CAN GET THE FIRST TRUCK THERE WITHIN FOUR MINUTES.

90% OF THE TIME WE CAN GET THE SECOND TRUCK THERE WITHIN SIX MINUTES.

THEN WE CAN TURN AROUND. WE START HAVING ENOUGH PEOPLE TO DO THE JOB.

SO THOSE NUMBERS, IF WE'RE LOOKING AT THEM IN THAT CONTEXT, YES.

COULD THEY BE HIGHER AS WE MOVE? THEY PROBABLY WILL BE WITH WITH THE CALL LOAD AND EVERYTHING ELSE THAT'S GOING ON IN THE GROWTH OF THE CITY.

THOSE NUMBERS FLUCTUATE. THOSE ARE GOOD NUMBERS FOR TODAY'S CURRENT SITUATION.

HERE'S MY CONCERN, CHIEF. YOU'RE GOING TO FILL OUT THIS DOCUMENT FOR EVERY NEW DEVELOPMENT THAT'S COMING IN.

YES, I BELIEVE THAT. PALM BAY FIRE RESCUE DOES NOT MEET THIS LEVEL OF SERVICE FOR RIGHT NOW AND PROBABLY FOR THE FAR FUTURE, WHICH THEN WILL HALT DEVELOPMENT FOR THE CITY OF PALM BAY AND HALT PROGRESS.

I KNOW WE NEED FIRE AND FIRE STATIONS. I'M 100% SUPPORTIVE OF YOU, BUT I'M ALSO NOT ANTI-DEVELOPMENT AND GOING TO HALT ALL DEVELOPMENT BECAUSE SOME CHIEF FROM TEN YEARS AGO DIDN'T PLAN THIS OUT, OR COUNCIL APPROVED THIS TEN YEARS AGO WITHOUT PLANNING IT OUT.

AND GOING FURTHER IN THAT WHEN WE'RE DOWN THERE AT HERITAGE PARKWAY AND YOU'RE GOING TO DENY A NEXT DEVELOPMENT BECAUSE IT DOESN'T MEET THIS CRITERIA, THAT'S GOING TO STOP YOUR FIRE DEPARTMENT FROM HAVING A STATION DOWN THERE AND HAVING MORE PERSONNEL DOWN THERE AND HAVING MORE TAX REVENUE TO PROVIDE THAT STATION IN PERSONNEL.

IF I'M UNDERSTANDING WHAT YOU'RE ASKING ME CORRECTLY, I DON'T THINK THERE'S ANY PLAN RIGHT NOW TO PUT A STATION DOWN THERE BECAUSE THE CITY DOESN'T HAVE THE FUNDS, AND WE'RE TRYING TO GET EVERYTHING SITUATED IN OTHER PARTS OF THE CITY. SO WITH GROWTH COMING IN, GROWTH SHOULD PAY FOR ITSELF BY ALLOWING THESE NEW BUILDINGS TO BE BUILT.

AGREED. HOWEVER, IF YOU DENY THAT GROWTH WITH THIS 2.5 PERSONS PER RESIDENTIAL DWELLING, THAT GROWTH IS NOT GOING TO COME.

YOU'RE. THIS EVALUATION HERE WOULD CARRY A LOT OF WEIGHT WHEN YOU.

WHEN YOU WRITE IT AND YOU GIVE YOUR EVALUATION.

[02:35:01]

I, I CANNOT ARGUE THAT, BUT AT THE SAME TIME, I WOULD HAVE A LITTLE BIT OF A DIFFERENT TAKE ON IT AS TO WHERE I'M SAYING THAT AS THESE DEVELOPERS ARE COMING IN AND THE DEVELOPMENTS ARE GROWING AND MAKING THE CITY BUSIER AND GIVING US A MORE DENSE POPULATION AND PUTTING MORE STRAINS ON OUR ROAD, WHICH I HAVE TO GO WITH MR. BATTEN ON THIS IS WE NEED WIDER ROADS TO GET THOSE FIRE TRUCKS AND POLICE CARS TO WHERE THEY NEED TO GO IN AN APPROPRIATE AMOUNT OF TIME.

BUT IF WE DON'T START GETTING THIS RESOLVED NOW AND TAKING THE PROACTIVE STEP OF GETTING IT GOING, THEN WE WILL FOREVER BE BEHIND THE EIGHT BALL AND WE WILL NOT BE ABLE TO PROVIDE THE LEVEL OF SERVICE THAT PEOPLE COME HERE AND THEY WANT TO HAVE, OR PEOPLE THAT CURRENTLY LIVE HERE THINK THEY HAVE.

AND WE'RE DOING THE BEST WE CAN. AND I UNDERSTAND WHY I THIS I FIRMLY SUPPORT THIS.

WE WERE NOT GETTING THIS KIND OF SUPPORT IN THE PAST.

THIS IS A VERY RARE SUPPORT IN SOME PLACES, BUT WE NEED TO BE ABLE TO START.

WE NEED TO BE ABLE TO SAY, OKAY, WE WE REALIZE A LOT OF THINGS HAPPENED THAT NONE OF US IN THIS ROOM, NONE OF US IN THIS ORGANIZATION HAD ANY CONTROL OVER, BUT WE HAVE TO START SOMEWHERE TO MAKE SURE THAT THE FUTURE IS A FUTURE THAT WORKS, NOT WHAT WE'RE DOING NOW AND CONTINUE TO BUILD ON A BROKEN SYSTEM.

OKAY. WITH THE QUESTION OF THE 2.5 PERSONS PER RESIDENTIAL DWELLING, I FEEL THAT CANNOT BE MET.

I'M JUST BEING REAL WITH YOU FOR THE NEXT TEN YEARS. I'M WONDERING IF STAFF OR IS THERE ANOTHER METRIC THAT WE CAN USE? MAYBE RESPONSE TIME? IT'S ESTIMATED 8 MINUTES OR 9 MINUTES THAT WE'RE GOING TO GET THERE.

AND THAT RESPONSE TIME IS WHAT MEETS OUR CRITERIA.

INSTEAD OF USING THIS 2.5 DWELLING PER. IF WE AND AS I MENTIONED EARLIER, WE LOOK AT A BUNCH OF CRITERIA TO MAKE OUR DECISION.

BUT IF YOU LOOK AT 1710. CURRENTLY OUR TRUCKS ARE STAFFED WITH FOUR FIREFIGHTERS FOR FIREFIGHTER, EMTS, PARAMEDICS, WHATEVER THAT POSITION MIGHT BE ON THE TRUCKS.

SO WITH THAT, OUR CURRENT STAFFING LEVELS ALLOW US TO MEET THAT PART OF 1710 FOR AN EFFECTIVE RESPONSE FORCE AS WE CONTINUE TO EXPAND IN THE CITY, WHICH TIES INTO THE 2.5 THAT GETS US. IF NOT, THEY'RE PRETTY CLOSE TO THAT NUMBER.

SO WE'RE DOING IT NOW. ALL WE'RE SAYING IS LET'S CONTINUE TO MAKE SURE THAT PART HAPPENS BY GETTING THESE THINGS DONE TO WHERE THE DEVELOPERS, THE PEOPLE THAT ARE COMING IN, ARE NOT CAUSING THE COST, THE COST OF SERVICE RIGHT NOW FOR ANYTHING THAT IS NOT COVERED BY THE DEVELOPER IS PRETTY MUCH TAKEN CARE OF BY THE CURRENT PEOPLE THAT LIVE HERE, THAT HAVE A FIRE STATION DOWN THE STREET FROM THEM.

AND WE'RE TRYING TO MAKE THAT ADJUSTMENT TO WHERE IN THE FUTURE, WE'RE NOT HAVING TO RAISE THOSE TAXES TO PROVIDE SOMETHING FOR SOMETHING THAT'S COMING INTO THE CITY THAT SHOULD BE PROVIDING FOR ITSELF IF IT WANTS THAT SERVICE.

THERE'S 10 MILLION, LET'S SAY, LET'S SAY THE STATION'S 10 MILLION.

THE TRUCKS WE PUT IN THERE IS GOING TO BE ANOTHER 4 OR 5, $6 MILLION, DEPENDING ON WHAT IT IS.

SO LET'S SAY THAT'S A $16 MILLION INVESTMENT ON AN AVERAGE STATION.

IT COULD BE HIGHER, COULD BE COULD BE LESS. YOU LOOK AT THE AMOUNT TO PUT PERSONNEL IN THERE.

IT'S GOING TO BE TWICE THAT TO PUT THOSE PERSONNEL IN THERE.

SO THE CITY RIGHT NOW IS BURDENED WITH BOTH. THIS WILL TAKE AWAY THAT PART OF THE BURDEN AND ALLOW THE CITY TO MEET THE 2.5 OR EXCEED IT IN SOME AREAS.

WHAT'S THE NUMBER NOW, DO YOU THINK IT'S ROUGHLY AT ABOUT TWO? MAYBE. MAYBE 2.3. I'D HAVE TO CHECK TO MAKE CERTAIN.

BUT WE'RE IN A GOOD AREA RIGHT NOW BECAUSE OUR TRUCKS OR BECAUSE OF HOW WE STAFF OUR TRUCKS, WE STAY WITH 1710. SO THAT GETS US PRETTY CLOSE.

BUT I, I WOULDN'T SWEAR TO THAT NUMBER. I WOULD HAVE TO GO BACK AND LOOK AT IT TO GIVE YOU AN EXACT NUMBER, BUT THAT SHOULDN'T TAKE MUCH TO DO. THANK YOU.

NO FURTHER QUESTIONS. ANY OTHER QUESTIONS FOR THE FIRE CHIEF? I DO, SO IT COMES DOWN TO WHAT COMES, YOU KNOW, THE CHICKEN OR THE EGG.

YOU KNOW, IT'S LIKE IF I FEEL IF A DEVELOPER'S COMING INTO THIS AREA, THE POLICE, THE FIRE ARE ALL WORKING AS HARD AS THEY POSSIBLY CAN, AND THEY'RE PUTTING NUMBERS TOGETHER, TRYING TO MAKE THINGS WORK FOR THE CITIZENS.

AND WHEN SOMEBODY WHEN A FIRE TRUCK DOESN'T GET TO A PLACE IN TIME, THE FIRE IS FIRE COMPANIES TO FIRE DEPARTMENTS TO BLAME.

I PERSONALLY BELIEVE, AND I HOPE YOU AGREE WITH ME, THAT IF AND I THINK YOU'VE STATED THIS, IF A IF A DEVELOPER IS COMING IN AND I GUESS THIS IS THE WHOLE IDEA OF THIS WHOLE.

THIS IS WHAT WE'RE TALKING ABOUT TONIGHT IS THAT WE THAT AS A DEVELOPER COMES IN, THEY SHOULD PAY US PAY FOR WHAT THEY'RE WHAT THEY'RE INCREASING OUR FIRE AND OUR, AND OUR POLICE AND WHAT, WHY WE'RE HERE.

SO I THINK THAT I AGREE, I AGREE WITH YOU, I GUESS IS THE POINT I'M SAYING IS AND I THINK THAT'S SOMETHING I DON'T KNOW HOW WE GO ABOUT IT AS FAR AS YOU KNOW, WITH THIS. YOU KNOW, I HAVE A COUPLE QUESTIONS FOR THE CITY ATTORNEY IS SOME COMMENTS WERE MADE.

BUT FOR YOU, I AGREE WITH 100% WHAT YOU'RE DOING.

IS THERE ANY THING OTHER THAN ADDITIONAL FIRE TRUCKS AND APPARATUS THAT YOU FEEL WILL.

BECAUSE THAT'S, THAT WAS THE BASIS OF MY QUESTION ORIGINALLY.

HOW CAN WE GET GOING THE OTHER WAY? EVERY YEAR WE'RE GOING NINE MINUTES, TEN MINUTES, 15 MINUTES,

[02:40:05]

SO. RIGHT. SO WHAT CAN WE DO BESIDES ADDING MORE FIRE TRUCKS AND EQUIPMENT BESIDES DOING THAT TO HELP YOU DO PROPERLY STATION THEM IN THE CORRECT DISTANCES, THE RESPONSE TIMES.

AND WHEN WE LOOK AT THE FIVE, LIKE I MENTIONED ON ISO, THE FIVE MILE RADIUS, BUT WE ALSO HAVE TO LOOK AT ROAD MILES.

SOMETIMES THAT'S MUCH. YOU MIGHT BE IN FIVE MILES RADIUS, BUT IT MIGHT TAKE YOU MORE THAN THOSE FIVE MILES TO GET THERE.

WITH THE ROAD BEING WHAT IT IS, NOT JUST THE TRAFFIC CONGESTION, BUT THE WAY THE ROAD WINDS AND STUFF LIKE THAT.

ONE OF THE THINGS THAT THE CITY HAS BEEN VERY PROACTIVE ON IS TO HELP WITH THIS, IS BRINGING IN THE WE CALL THEM SQUADS, AND YOU'LL PROBABLY SEE THEM OUT THERE. FOR THOSE OF YOU THAT REMEMBER TV SHOW EMERGENCY, THE LITTLE SQUAD 51, WE HAVE PRETTY MUCH REPLICAS OF THAT WITH TWO PEOPLE ON IT THAT HANDLE MOST OF THE MEDICAL CALLS.

SO THAT KEEPS THE TRUCKS AVAILABLE FOR THE FIRE CALLS.

STILL, THOUGH, THERE'S A LOT OF TIME THAT THE SQUAD'S HANDLING SOMETHING AND THAT TRUCK THAT'S OUT THERE IS NOW GOING TO ANOTHER CALL.

SO THAT HELPS REDUCE COSTS AND THE BURDEN ON THE TAXPAYERS BECAUSE INSTEAD OF GETTING WHAT IS A IF YOU LOOK AT THE TOTAL COST, THAT WOULD BE FOR JUST A BASIC ENGINE EQUIPPED 1.7, $1.8 MILLION.

AND THEN YOU PUT THE PEOPLE ON IT. NOW WE'RE GETTING THESE SQUADS, WHICH, IF I REMEMBER CORRECTLY, WERE PURCHASED. I THINK WE SPENT PROBABLY JUST ABOUT 5 OR $600,000 GETTING THEM EQUIPPED.

AND WITH TWO PEOPLE, HALF THE STAFFING COST, AND THEY GET TO WHERE THEY'RE GOING MUCH QUICKER, IT'S EASIER TO MANEUVER THROUGH THE CONGESTED TRAFFIC.

SO WE'RE WORKING ON THOSE KIND OF THINGS. AND THEN WE COULD ALSO START PUTTING IT AT SOME POINT, TWO ENGINES IN A STATION IF IT GETS TO A POINT.

SO WE'RE DOING THE CITY HAS BEEN VERY PROACTIVE RECENTLY IN TRYING TO GET THINGS RESOLVED.

THE CURRENT CITY MANAGEMENT HAS MADE THIS A PRIORITY FOR BOTH FIRE AND POLICE.

IT'S JUST GOING TO TAKE SOME TIME, AND IT'S GOING TO BE VERY PAINFUL FOR ALL OF US TO TRY AND GET TO WHERE WE SHOULD BE.

BUT AT LEAST NOW WE HAVE A PLAN AND WE KNOW WHERE WE'RE GOING.

WE JUST HAVE TO FIGURE OUT HOW WE'RE GOING TO GET THERE TO WHERE IT DOESN'T COST THE CURRENT CITIZENS FOR THE PROTECTION LEVELS OF THE COMING IN CITIZENS.

RIGHT. GREAT. AGREED. THANK YOU. CHIEF. I WANT TO THANK YOU SO MUCH FOR COMING UP AND ANSWERING THE QUESTIONS.

YOU'RE PREPARED. YOU KNOW WHAT YOU'RE TALKING ABOUT. OBVIOUSLY, WE VERY MUCH APPRECIATE YOUR TIME.

THANK YOU VERY MUCH. YOU ALL HAVE A GREAT NIGHT. THANK YOU. THANK YOU. GO AHEAD AND BRING IT BACK TO THE BOARD FOR QUESTIONS FOR STAFF.

I DO HAVE JUST AN OPENING QUESTION. WAS THE POLICE CHIEF INVITED? NOBODY KNOWS. YES. OKAY. HOWEVER, IT WAS LAST MINUTE.

SO THEY THERE WERE OTHER COMMITMENTS. OKAY. ALL RIGHT, I'LL OPEN IT UP TO THE BOARD.

ANY QUESTIONS FOR STAFF? I DO HAVE ONE QUESTION FOR STAFF REGARDING THE POLICE LEVEL OF SERVICE.

IT SAYS THE BENCHMARKS ME 2.3 SWORN OFFICERS PER 1000 RESIDENTS.

WHAT'S THE CURRENT NUMBER RIGHT NOW? I CAN'T ANSWER THAT.

OKAY. MR. CHAIR, I'M IN A MOTION THAT WE TABLE THIS OBJECT UNTIL WE GET FURTHER DATA AS REQUESTED.

I DO FEAR THAT THIS WILL COMPLETELY STALL OR HALT DEVELOPMENT ENTIRELY.

I BELIEVE WE'RE WAY UNDER THE 2.3 SWORN OFFICERS PER 1000 UNITS PER 1000 RESIDENTS.

AND THE 2.1 MARK THAT THE CHIEF SAID 2.2 MARK IS FAR UNDER, WHICH COULD TAKE A YEAR OR TWO FOR US TO CATCH UP BACK, TO WHICH COMPLETELY STALLS DEVELOPMENT AND JUST KEEPS US STUCK IN THIS SITUATION WE'RE IN.

WELL, I WANT TO USE DEVELOPMENT TO MAKE THE CITY BETTER.

WE KNOW OUR SHORTFALLS DEVELOPMENT CAN HELP US WITH THOSE SHORTFALLS.

IF WE DON'T DO ANY DEVELOPMENT BECAUSE OF THESE TWO BENCHMARKS, THEN WE'RE COMPLETELY STUCK.

OKAY, WE HAVE A MOTION. DO WE HAVE A SECOND? DO WE HAVE ANY MORE DISCUSSION OR.

WELL, WE REALLY NEED TO HAVE A SECOND AND THEN WE CAN TALK ABOUT IT. OKAY.

YOU MADE A MOTION TO TABLE IT. I'M SORRY. SO HE MADE A MOTION TO TABLE.

YES. OKAY, I'LL SECOND THAT. OKAY. IT HAS BEEN SECONDED.

NOW WE CAN OPEN UP FOR MR. FOR DISCUSSION. MR. CATALANO, PLEASE PROCEED. I HAVE A QUESTION ON THE.

THERE WAS SOME COMMENTS MADE ABOUT THAT. WE'RE UNDER A LAWSUIT THE CITY FOR SENATE BILL 181.

AND THEY'RE SAYING IF WE PASS THIS TONIGHT, WE COULD ALSO BE IMPLEMENTED AS CITY ATTORNEY.

STILL HERE? I'M HERE, MR. CHAIR. SO THERE IS A LAWSUIT PENDING.

I CAN'T COMMENT ON THE LAWSUIT. AND I WOULD WITH RESPECTFULLY ASK NOT TO HAVE TO COMMENT ON SB 180 GIVEN THE PENDING LITIGATION. WELL, THAT MAKES THINGS INTERESTING.

[02:45:09]

SO LET'S GO WITH IT. THANK YOU. ANY OTHER QUESTIONS OF STAFF OR OF THE CITY ATTORNEY? SO I HAVE A QUESTION FOR THE CITY ATTORNEY. I WANT TO GO BACK TO THIS PACKET THAT WAS PRESENTED BY.

AND MA'AM, I'M SORRY I FORGOT YOUR LAST NAME.

ROSENKER BY MR. ROSENKER HERE. AND SHE'S TALKING ABOUT WHAT SOUNDS LIKE TO ME SOME HOLES IN OUR CODE.

CAN YOU RESPOND AT ALL TO HER COMMENTS AS THE CITY.

SO, MISTER CHAIR MISS ROZANKA? CERTAINLY. SHE BROUGHT UP THAT SHE REPRESENTS A CLIENT.

WE'RE CERTAINLY NOT HERE TO TO RELITIGATE ANY ISSUES AS PERTAINS TO HER CLIENT.

SO I WILL JUST POINT OUT THAT STAFF'S ACTIONS THAT, THAT THEY ARE REQUESTING TODAY ARE BASED ON CHAPTER ONE. 63.3164. MISS ROZANKA HIGHLIGHTED THE DEFINITION OF PUBLIC FACILITIES AND WE ADDRESSED THIS THE LAST TIME THIS WAS UP PUBLIC FACILITIES. THAT DEFINITION IN THE STATUTE IS NOT IT'S NOT ALL INCLUSIVE.

IT MEANING IT DOESN'T IT SAYS IT INCLUDES TRANSPORTATION, SANITARY SOLID WASTE, DRAINAGE, POTABLE WATER, EDUCATIONAL PARKS AND RECREATIONAL FACILITIES.

SO IT DOES NOT MEAN THAT IT EXCLUDES POLICE AND FIRE.

AND TO THAT POINT, THERE WAS ACTUALLY A REFERENCE TO BREVARD COUNTY'S SIMILAR STANDARDS REFERENCE.

RESPONSE TIME. SO THERE'S NOTHING IN. CHAPTER 163.

IN MY OPINION, THAT PREVENTS THE CITY FROM BEING ABLE TO ENACT LEVEL OF SERVICE STANDARDS.

AS FAR AS WHAT'S IN OUR COMPREHENSIVE PLAN RIGHT NOW THERE IS LANGUAGE REFERENCING THAT NEW DEVELOPMENT SHOULD NOT BE APPROVED UNLESS PUBLIC PUBLIC FACILITIES CAN BE ADEQUATELY PROVIDED FOR.

AND SO WHAT WE'RE TRYING TO DO IS PUT SOME MEAT ON THOSE BONES AND ACTUALLY GIVE SOME CLARITY TO PEOPLE ATTEMPTING TO BEGIN NEW DEVELOPMENT WITHIN THE CITY. OKAY.

THANK YOU. AS FOR OTHER ITEMS IN THE PACKET ON PAGE EIGHT, WHERE MR. ZENKO REFERS TO OPTIONAL ELEMENTS OF THE COMPREHENSIVE PLAN, STAFF IS NOT PROPOSING AN OPTIONAL ELEMENT, SO THAT DOES NOT RELATE TO THIS ON PAGE. EXCUSE ME.

WITH REGARD TO WHAT THE CITY ATTORNEY WAS SAYING, I WOULD SAY ON PAGE 11 THAT THE STATE STATUTE DOES LIST SANITARY SEWER, SOLID WASTE DRAINAGE AND POTABLE WATER. ARE THE ONLY PUBLIC FACILITIES REQUIRED BY STATE ON A STATEWIDE BASIS.

AND THEN THE NEXT SENTENCE SAYS ADDITIONAL PUBLIC FACILITIES AND SERVICES MAY BE MADE SUBJECT TO CONCURRENCY ON A STATEWIDE BASIS WITHOUT APPROVAL BY THE LEGISLATURE. HOWEVER, ANY LOCAL GOVERNMENT MAY EXTEND THAT CONCURRENCY REQUIREMENT JUST THE WAY THE THE SECOND SENTENCE STARTS. ADDITIONAL PUBLIC FACILITIES.

IT'S ALREADY IMPLYING THAT EVERYTHING LISTED IN THE PREVIOUS SENTENCE ARE PUBLIC FACILITIES AS DEFINED, DEFINED BY THE GENERAL NATURE OF SERVICES THAT THE CITY HAS TO PROVIDE.

WE HAVE NO CHOICE BUT TO PROVIDE SAFETY SERVICES.

OKAY. IS THERE ANY FURTHER QUESTIONS FOR STAFF FROM THE BOARD? I HAVE A QUESTION. SO WHAT HAPPENS IF WE'RE TABLING.

WE WOULD BE TABLING THIS FOR FOR 30 DAYS. IS THAT WHAT WOULD HAPPEN.

WELL, CURRENTLY FROM WHAT I HEARD FROM MR. FILIBERTO, I HAVE DOWN THAT WE'RE TABLING IT PENDING FURTHER DATA AND INPUT FROM THE POLICE CHIEF AND FROM THE CHIEF OF FIRE AND RESCUE AS IT GOES TOWARDS THOSE METRICS THAT YOU REFERENCED, CORRECT? SURE. AND I WOULD ALSO LIKE STAFF TO EXPLORE WHETHER OTHER METRICS CAN BE USED BESIDES THIS THE,

[02:50:06]

AND I WOULD LIKE TO ASK, HOW WOULD THIS HINDER OUR, THE CITY'S ABILITY TO MOVE FORWARD WITH DEVELOPMENT BETWEEN NOW AND WHEN THIS IS TABLED? I BELIEVE THAT WOULD BE THE SAME AS IT IS RIGHT NOW. I'M ASKING THE STAFF.

MAYBE LIKE MAKE A COMMENT. MR. CHAIR, I DON'T KNOW IF THIS HELPS, BUT AS NEW APPLICATIONS COME IN WE HAVE THE GENERAL CONCEPTS THAT ARE IN OUR COMPREHENSIVE PLAN THAT I STATED.

AND IN ADDITION TO THAT, WE WOULD BE APPLYING WHATEVER APPLICABLE ASPECTS OF OUR LAND DEVELOPMENT CODE APPLY TO THE NEW DEVELOPMENT.

FOR EXAMPLE, AS WE, AS WE DID TODAY, WHERE WE LOOKED AT THE CODE WITH RESPECT TO CONDITIONAL USES AND FUEL STATIONS.

SO WE IT WOULD BE STATUS QUO UNTIL. UNTIL THERE'S A CHANGE, BUT I THINK I DON'T WANT TO SPEAK FOR STAFF.

SO I JUST WANTED TO CLARIFY THAT, THAT WE DO HAVE SOME LANGUAGE IN OUR CODE THAT THAT'S GOING TO APPLY TO APPLICATIONS. OKAY. ALL RIGHT. I'M GOING TO GO AHEAD AND CALL FOR A VOTE.

AND CURRENTLY THE VOTE IS TO TABLE CP26-00001 UNTIL SUCH TIME THAT FURTHER DATA AND STUDY CAN BE PROVIDED TO THE BOARD. WE CAN GET SOME INPUT FROM THE POLICE CHIEF AS WE HAVE GOTTEN INPUT FROM THE FIRE CHIEF THIS EVENING.

AND FROM THE FIRE CHIEF REGARDING METRICS AND OTHER THE CURRENT METRICS THAT MR. FILIBERTO WAS DISCUSSING AND OTHER METRICS THAT IT WOULD GO TOWARDS ALLOWING DEVELOPMENT, BUT TO ALSO HAVE A STANDARD IN PLACE.

ALL OF THOSE IN FAVOR OF THIS MOTION DESIGNATE BY SAYING AYE, AYE, AYE.

ALL OPPOSED? AYE. NAY NAY NAY. OKAY. THANK YOU VERY MUCH, MR. MCNALLY. AND WARNER AND WARNER. YES. OKAY. I THINK WE NEED TO MOVE FORWARD WITH THIS SOMEHOW.

ALL RIGHT. WE'VE BEEN HERE FOR A LITTLE WHILE.

IT'S ALMOST 9:00. DOES ANYBODY NEED TO USE THE RESTROOM? YES. ALL RIGHT. WE'LL GO AHEAD AND TAKE FIVE MINUTES REAL QUICK, AND WE'LL MOVE ON TO OUR FINAL ITEM.

HERE WE GO.

* This transcript was compiled from uncorrected Closed Captioning.