Zoning Hearing

Agenda Hybrid Zoning Hearing of Monday, March 15, 2021 Page 1 of 4 AGENDA HYBRID ZONING HEARING MONDAY, MARCH 15, 2021 – 7:00 PM VILLAGE HALL COUNCIL CHAMBERS 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157 Mayor Karyn Cunningham Village Manager Nick Marano Vice Mayor Leanne Tellam Village Attorney John C. Dellagloria Council Member Patrick Fiore (Seat 1) Village Clerk Missy Arocha Council Member Steve Cody (Seat 2) Council Member Marsha Matson (Seat 3) In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter, or hearing impaired to participate in this proceeding should contact the Village Clerk at (305) 259-1234 for assistance no later than four days prior to the meeting. THE VILLAGE OF PALMETTO BAY SHALL CONDUCT A HYBRID ZONING HEARING ON MONDAY, MARCH 15, 2021 AT 7:00 PM. THE ZONING HEARING WILL BE CONDUCTED USING A TELECONFERENCING PLATFORM AND BROADCAST LIVE. MEMBERS OF THE PUBLIC MAY ATTEND THE ZONING HEARING IN PERSON AT THE PHYSICAL MEETING LOCATION, OR, ALTERNATIVELY, MAY WATCH VIA THE VILLAGE’S OFFICIAL FACEBOOK PAGE, INCLUDING OUR GRANICUS WEB STREAM ON WWW.PALMETTOBAY-FL.GOV. FOR PERSONS WISHING TO PARTICIPATE VIRTUALLY AND PROVIDE PUBLIC COMMENT, PLEASE REFER TO THE INSTRUCTIONS AND OPTIONS ON THE PUBLIC NOTICE. 1. CALL TO ORDER, ROLL CALL, INVOCATION,PLEDGE OF ALLEGIANCE, AND DECORUM STATEMENT, IN THAT ORDER: Any person making impertinent or slanderous remarks, or who becomes boisterous, while addressing the Council may be barred from further appearance before the Council by the Mayor, unless permission to continue or again address the Council is granted by a majority vote of the Council. Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so quietly. All cellular telephones and beepers are to be silenced during the meeting. 2. REQUESTS, PETITIONS, AND PUBLIC COMMENTS

Agenda Hybrid Zoning Hearing of Monday, March 15, 2021 Page 2 of 4 Public comments forum (Option 1): Prior to the meeting, the public can submit a web form available at this address: https://www.palmettobay- fl.gov/FormCenter/Public-Comments-Form-10/Public-Comments-Form- 52. Form submissions received prior to the meeting will be read before the item is heard. Form submissions received after 7:00 p.m. will remain part of the record. Public comments forum (Option 2): Public attendees wishing to provide real- time, audible public comments during the meeting may do so using GoToWebinar’s desktop, laptop, tablet, or smartphone app. Once registered, attendees will receive GTW session information and call-in telephone numbers for those wishing to use a telephone. Telephone attendees may not participate in public comment as the system has no way to mute or unmute. Attendees wishing to speak during public comment time must use the GoToWebinar application on their desktop, laptop, or smart device. Attendees may not use a webcam whatsoever. In lieu if no availability to participate through the webinar, please submit your public comment using the web form as described above. Please register to attend the session as follows: https://attendee.gotowebinar.com/register/2174415498733885198 After registering, you will receive a confirmation email containing information about joining the webinar. 3. APPROVAL OF MINUTES: A. Zoning Hearing (February 22, 2021) 4. PUBLIC HEARING ITEMS: Item 1: The following items are being considered pursuant to Section(s) 30-30.3, 30.30-5, 30-50.23 of the Village’s Land Development Code: Location: 9701 Wayne Avenue, Palmetto Bay, FL 33157 Property Folio(s): 33-5032-007-0160; 33-5032-007-0170; 33-5032-007-0180; 33- 5032-007-0190 Applicant: Indigo at Palmetto Bay, LLC Application: VPB-16-008 Request: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO ZONING; REQUESTING A SITE PLAN APPROVAL FOR A MODIFICATION OF AN APPROVED SITE PLAN AT 9701 WAYNE AVENUE, ENTITLED “SANDPIPER VILLAGE OF PALMETTO BAY “PREVIOUSLY APPROVED BY RESOLUTION NO. 2017-79, FOR “INDIGO AT PALMETTO BAY, LLC”; USE IS BEING MODIFIED FROM A 5-STORY MIXED-USE

Agenda Hybrid Zoning Hearing of Monday, March 15, 2021 Page 3 of 4 DEVELOPMENT TO A 4-STORY MIXED-USE DEVELOPMENT INCLUDING 82 RESIDENTIAL DWELLING UNITS AND 10,000 SF GROUND FLOOR RETAIL SPACE; PURSUANT TO SECTION 30-30.3, “ADMINISTRATIVE DEVELOPMENT APPROVAL” AND SECTION 30-50.23 “DOWNTOWN URBAN VILLAGE CODE” (“DUV”); AND PROVIDING FOR AN EFFECTIVE DATE. Item 2: The following item is being considered pursuant to Section(s) 30-30.8 and 30-10.5 of the Village’s Land Development Code: Location: North of SW 152nd ST, south of SW 149th Terr (between SW 71st CT and SW 69th CT) Property Folio: 33-5023-000-0582 Applicant: Windsor Investments (Westminster Manor), LLC Application: VPB-19-007 Request(s): AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; AMENDING THE FUTURE LAND USE MAP, REFERRED TO IN SECTION 30-30.8, TO CHANGE THE FUTURE LAND USE DESIGNATION FROM “ENVIRONMENTAL PROTECTION” (“EP”) TO “ESTATE DENSITY RESIDENTIAL” (“EDR”); PROVIDING FOR CONFLICTING PROVISIONS AND PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) Item 3: The following item is being considered pursuant to Section 30.30-5 and 30.50-23 of the Village’s Land Development Code: Location: East of SW 97th Avenue/Franjo Road and North of SW 180th Street Property Folio: 33-5033-000-0860 Applicant: Shores at Palmetto Bay, LLC Application: VPB-20-010 Requests: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO ZONING; REQUESTING SITE PLAN APPROVAL FOR THE SHORES AT PALMETTO BAY WHICH SHALL BE A 3-THREE STORY MIXED-USE PROJECT INCLUDING 120 RESIDENTIAL DWELLING UNITS OF WHICH 6 ARE LIVE-WORK UNITS, TO BE LOCATED ON A SINGLE 2.74-ACRE PARCEL AT THE NORTHEAST CORNER OF FRANJO ROAD AND SW 179TH STREET; AND REQUESTING A PARKING VARIANCE TO ALLOW 180 SPACES WHERE 240 ARE REQUIRED, PURSUANT TO SECTION 30.30-5, “SITE PLAN APPROVAL”; SECTION 30.50-23, “DOWNTOWN ZONING DISTRICT”, “MAIN STREET” SECTOR; AND SECTION 30-30.6, “VARIANCES” OF THE VILLAGE OF PALMETTO BAY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

Agenda Hybrid Zoning Hearing of Monday, March 15, 2021 Page 4 of 4 WE, THE VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, HEREBY COMMIT OURSELVES TO MAINTAINING CIVILITY IN OUR PUBLIC AND POLITICAL DISCOURSE AND PLEDGE TO THE FOLLOWING PRINCIPLES: • We will respect the right of all citizens in our community to hold different opinions; • We will avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours; • We will strive to understand differing perspectives; • We will choose our words carefully; • We will speak truthfully without accusation and we will avoid distortion; • We will speak out against violence, prejudice, and incivility in all of their forms, whenever and wherever they occur. NOTICE OF APPEAL RIGHTS Decisions of the Village of Palmetto Bay Council (VPB) are appealed to the Circuit Court. Appeals to Circuit Court must be filed within 30 days of the execution of the Village of Palmetto Bay resolution. Pursuant to Florida Statutes 286.0105, the Village hereby advises the public that if a person decides to appeal any decision made by this Council with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, the affected person may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Village for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Further information and assistance may be obtained by contacting the Village Clerk at (305) 259-1234. For filing or status of Appeals to Circuit Court, you may call the Clerk of the Circuit Court at (305) 375-5955.

Welcome home. All right we are live I'm going to go ahead and call this hybrid zoning hearing for monday March fifteen twenty twenty one starting at seven 03 pm to order. Madam Clerk can you please call the roll er karen cunningham present vice mayor lee and tell him I wasn't council member patrick fiore's council member steve codey council member marsha madsen er we have quorum thank you. We were going to ask council member fiorita leaders in thank you Madam. We could please bow our heads in prayer and pray for all of those suffering and families that lost loved ones from coronaviruses over five hundred and thirty five thousand dead. We ask for blessings for our nation and healing as we move forward for all of those suffering from malnutrition and food insecurity and that are still suffering from unemployment. And we ask all of our better selves to come together for the good of our nation and the good of our community in his name we pray. Amen. Thank you. If I could get everybody to stand a member cody, can you lead us in the pledge? I pledge allegiance to the flag of the united states of america and to the republic for which thank you. I'm going to forego the quorum statement so at this time we'll take requests, petitions and public comments. We have a few people actually two people that have joined that are joining us virtually. I just want to make sure folks know that items one and item three are going to be continued . So we will read those to the record and if we have comments well they're submitted in form or individuals with us present or virtually that would like to speak Mr. De la gloria, just to double check we can roll those into the record for a previous for a future meeting that's correct. Great. Thank you. But this time we'll take requests, petitions and public comments. Madam Clerk by form first the public comments that have been submitted by form will be read into the record in the order they were received for the general portion of public comments. James woodard one seven zero zero one southwest 90th avenue palmetto regarding shaw's request for variant allowing for a twenty five percent reduction or any reduction in parking required, I am opposed . It is unrealistic to believe that the number of vehicle possessed by tenants can be effectively controlled and aggressive. Towing suggested by the developer would do incredible harm to our desired reputation as a shopping and dining destination. In my own experience I avoid areas that do not provide adequate parking. Others will as well. Howard cain seven seven six zero sw one seventy seven street palmetto bay in regarding to the shores at palmetto I oppose petitioner's request for parking variance. The developer has proposed limiting residents and third party parking in a manner that will force residents in third parties to cheat by violating developer rules limiting capacity residents with two cars or with visitors will be forced to park in adjacent areas including on private property. The village created a minimum requirement for developers to follow when planning to build in our village. These developers knew in advance of such restrictions tell them to comply or find another community to impose upon do not approve this requested variance to our existing zoning requirements. A kinkaid one seven three four or five sw 80th court palmetto bay in regards to the proposal to the shores parking situation in my experience the last four years the city palmetto bay has approved projects that only continue to congest areas and have no regard for the lack of peace in neighborhoods once enjoyed by residents. Guess the dollar speaks louder than the wishes of the palmetto bay residents. Christina ludvig one seven nine four five south west ninety seventh avenue palmetto bay. I urge you not to allow development with less than the required parking spaces if this is to become a thriving downtown palmetto there needs to be of wickett parking for the resident and the public to be able to come to this area. Parking is already an issue and only one development has been completed . >> no additional public comment been submitted by form for this section of the agenda such so could I get somebody to move the minute zoning hearing February 22nd twenty twenty one is there a second I believe I saw an email today that there were some corrections that need to be do you want to present those now the correction to be made is on page nine of nine. It has to do with the vote on request two for public hearing item four via a roll call vote it should read Councilman Council member patrick fiore yes. And council member steve codi no. Can I just take that as do we need to make a motion to amend them? Uh, Mr. Attorney, we have to make a motion to amend the minutes. >> yes, you do. Ok, so is that your I move that is there a second I got all those in favor for the amendment I anyone opposed ok so can we is that all you have Councilwoman? Thank you for your thoroughness ok we will go back can we take a vote on moving the minutes as amended all those in favor I want to post ok thank you so much. All right. We're going to move into item one for one for public hearing . I'm sorry. Would somebody move the item? Is there a second? Ok, thank you Madam Clerk for this move by council member yori. I'm not sure if you heard but can you read the item please? Item one the following items are being considered pursuant to section thirty thirty point three thirty point thirty five thirty dush fifty point twenty three of the village's land development location ninety seven zero one wayne avenue pomerol be applicant indigo at palmetto bay request a resolution of the mayor and village council of the village palmetto bay, florida relating to zoning requesting a site plan approval for any modification of an approved site plan at ninety seven or one wayne avenue entitled sandpiper village of palmetto bay previously approved by resolution seventeen seventy nine for indigo at pomerol be uses being modified from a five story mixed use development to a four story mixed use development including eighty two residential dwelling units and ten thousand square feet of ground floor retail space pursuant to section thirty dash thirty point three administrative development approval and section thirty dash fifty point twenty three downtown urban village code in providing for an effective date, no public comments were submitted by form for this item of the agenda. Do we have a representative for this particular item? Welcome back. I said welcome back. No no I have I ever told you to go back to I don't think the mic is on Mr. Farrell, thank you. >> May or May interrupt. I said the opposite on the minutes. I'm sorry in terms of the correction I had the opposite of what it should be. So Mr. Mr. Devilry, what should I do? I said the wrong wrong votes for the amendment and needs to be the other way. How what should I do call back if if you want to go to the trouble either that or we recognize what you intended to do unless you were corrected appropriately. Ok everyone else ok ok sorry. Thank you. sorry Madam Mayor. Yes yes. Before the item is heard as you know I need to ask questions regarding any ex parte communications. Hello. Yes I'm sorry you can't see us but yes we hear you ok so then let's just let me just go down the road in regard to this item Councilwoman Madsen, have you had any exploitation communications with the applicant or the applicant representative? >> no Councilman Sorry. >> I don't know mayor cunningham no vice mayor talum and Councilman Codi no thank you. >> right. Good good evening. Madam Members of the board my name is simon fera with offices of twenty five twenty five pantaleon boulevard. I represent indigo tolomato bay and as I had indicated to staff we are seeking a continuance of this application since we filed the application over a year ago obviously a lot of things have happened and this this there has been a change in architects. The applicant is our new architect. He wants to take a look at the site plan again just to make sure that you know, in terms of the product and the market where it is today that we have the right product so we would ask for a continuance to a date in the future we will pay for the advertisement of the application of the notices. Mr. Attorney, so and I still can't hear you a hundred percent so I don't maybe you could just speak a little bit closer to the main I'm so sorry . So it's to be continued to a date in the future. >> we don't need to have a date to continue. Well, I'm not sure what simon is asking and by the way, good evening, simon. Good evening. Are you saying that you need more time then let's say next month because if you're talking about the advertising then we're not going to continue the item. We'll just have it we advertised and then set for a future date. So what do you how long do you think it's going to be? Well, obviously we're there looking at the site plan I'm for sure it won't be a 60 days maybe 60 to 90 days, probably 90 days because once we if in fact we do resubmit a revised site plan which I'm not sure well but that is a possibility it would have to be reviewed again by staff obviously. And you know, there's the back and forth always comments so we we need enough time to be able to review the site plan if in fact there May be some changes to the site plan. It has to be resubmitted and it has to be reviewed by staff and we want to have time to do that . So that's why we ask for what would be an indefinite deferral so that when we went we bring it back we will either again submit new site plan or not submit a new site plan indicate to staff that we're ready to go and then we would pay for the advertisement in that case, Madam Mayor, there won't be a continuance. It'll just be a deferral of the item and then we'll get back to it when simon needs to get back to us. So do we need a motion for deferral? >> yeah, we can move to defer. Ok, can I get a motion for different mood there a second all those favor I only want to post. Thank you. Thank you all very much. Good to see you all again. Have a great evening. Thank you. Ok could I get somebody to move item to forward please sir a second ok Madam Clerk can you please read the item item two the following item is being considered pursuant to sections thirty dash thirty point eight and thirty dash one zero point five of the village's land development location north of west one fifty second street south of south west one forty nine terrace between south west seventy first court and south west sixty ninth court applicant wincer investments request in ordinance of the mayor and village council of the village of pompano beach ,florida amending the future land use map referred to in section thirty dash thirty point eight to change of future land use designation from environmental protection ep to estate density residential adr providing for conflicting provisions and providing for an effective date a do you have any um any any forms. Yes thank you matee write one fifty four fifty sw sixty seventh court pa madobe wincer investment application I applaud the fact that the village council and mayor rejected the developer's request to change the zoning to estates as mark stated should be done. However he is not the last say in this nor did he represent the natural aspects of the land that development started on by wincer before the change to estates was granted. I reject the fact that the mayor and council voted to remove the environmental protection status. I request that the council return this plot of land to its original status. There are several reasons for this request. First and foremost there are precious few plots of natural areas left in palmetto bay or in miami dade county for that matter in all of these need to be preserved as laid out by previous palmetto bay miami-dade county councils board members and this final remaining list of lands include other plots of land that this council has seen fit for their for their motives. This includes a borking land to strip the land of its natural protected status. This trump move by the palmetto bay council should not be happening at all. Secondly, there really is a connection to other zoning that is nearby that was conveniently not mentioned by the palmetto bay zoning coordinator nor by the lawyer from holland and knight when he gave his presentation and showed the surrounding end only as estates . How could they have missed the fact that the deering estate lands are across the street and take up as much of the surrounding estates zoning also close by are the natural areas where over the head power lines run and next to that are the pinelands. Please take a minute and ask yourself what other species frequenter these areas and travel back and forth between them by allowing this change from a natural protected area you are cutting out many types of birds insects let alone the bats that were mentioned. I'll wager that they are more species that are being shortchanged. Two weeks ago I saw a turtle from a during a state on the road side of the fence probably making his way back from a night travel looking for water like like the turtle used to do before the pond was filled in when the cart was put in front of the horse as quoted by mike chin who spoke at the last meeting and is one pound adjoining landowners I'm sure that's not all but it's part of the reasoning of why this particular piece of land was granted and protected status. People of course should have been able to buy and sell but not allowed to start work before the change of studies was stripped away. now the only option should be to allow the land to follow and return its original state. When winter bought it. This should atone for the permit we'll be building department granting the permit in the first place. The three minutes have exceeded in the remaining comments made on this form will remain part of the record and at this time there are no additional public comments submitted by form for item number two we do folks in the audience as anyone interested in speaking to this item know and we do have a couple of folks in the lobby but I don't see any hands up. Can I get confirmation of that ? Mr. Rodriguez, that evening there in council apparently there are two attendees in the virtual lobby and none of them have their hands to speak. Right. Thank you. Welcome back. Thank you, Madam. I said welcome back. Right. All right. You did say welcome back a step back. Yeah. I haven't told anyone to go back. Not yet. I got a good chunk out of that . Thank you, Madam Chair. Yes, I'm sorry. Go ahead. Thank you. As we just did previously when Mr. Were there I would like to ask the council if they in any communications with the applicant or the applicant representatives Councilwoman Mattsson no Councilman Fiore said no I didn't hear Madam Mayor no for vice mayor kelam oh Councilman Cardin no again thank you. Thank you again. Thank you mayor vice mayor the members of the council hugo rs7 a wonderful evening this is on can you hold it up? >> and I know that it's a pleasure to be back before you . It's rare that I'm the only person standing between you getting out of here in record time. So I'm going to endeavor to be very, very brief because I know the next item is being referred to. So I think we can be done quickly. But most importantly I think that most of what needs to be said in this application has been said this obviously we had a lengthy hearing and then and then had a that was deferred and then of course had a continuation of that hearing last month and so I do have a powerpoint presentation which has basically stripped out so you've seen this twice now it's stripped out all of the zoning aspects since that item was was dealt with last month and did not move forward for a second reading. So all I have before you here is are our slides regarding the the the land use element change which did pass on the first reading. So I'm going to run through incredibly quickly. But you know, we're again very familiar with the property the location of the property on the north side of a hundred and fifty second street. Ok, I thought I click the right buttons I, I apologize I click the button the first time and it went to the second page I looked the next time and it went black. Ok, here we go. So again the aerial slide of the property and here we go . This is the again this is just the land use existing in designation of eppy and then basically surrounded by a state density throughout zoning we just let the slide but that's no longer present are pertinent to the discussion this evening this is this is the request that we're making which is a second reading of your affirmative vote at first reading to take the property from environmental protection to estate density, residential and so the map on the right is what it'll look like the history of the information and I certainly will not bore all of you again with that information. But obviously we're I think at this point are familiar with the with the property in the history , the property this is an area of the site from back in 1999 a little over twenty years ago the environmental permitting timeline obviously a subject of a lot of discussion in the first two times that I met with this council. But again and just the the synopsis is that we secured all permits required of us at the time that we did our work and I don't think there's been any evidence introduced to the contrary. And and this just gives simply the the long two, three, four slide recitation of those permits and those efforts that we made staff recommendations and staff's conclusion that the existing flume designation is inconsistent. The environmental designation is inconsistent in that the property should be reclassified to the most compatible category which is a state density and that is the vote that you took in first reading that you have before you today for a second reading again since you do look at certain traffic analyzes again this this one probably overstates the minimal traffic because we were we did this for ten dwelling units what the zoning that would remain in place this change were effectuated. We would have a state than a one acre density so we would have approximately half five units but so those numbers would be slashed in half. So really you'd talk about six trips in the morning and five and a half six trips in the evening. So a negligible de minimis impact in traffic and again the staff recommendation approving the designation are really having been through a much more exhaustive presentation the first two times that was best was to quickly run through this in case a jog anyone's memory. Otherwise I'd be happy to answer any questions that you have and if not respectfully ask that you follow the lead of your your first reading vote and approve the approve the redesignation of the land. Pleasure to be before you and happy to answer any questions. Are there any questions council member for you. I thank him in thanking the stars for being here again of course. Happy birthday. I'm remiss before I forget because I won't get another chance to speak about this. I'll be getting my first pfizer shot on my sixty fifth birthday . Oh my God what a way to spend your birthday and I got six on wednesday. Listen I want to again I think everything was set before woulda coulda shoulda went back I this was not part of my jurisdiction at the time as I was not a member of this council and I'm probably the only member of this board that I stated before that was down there ten years ago when it was the pond and and kind of a wetland area that was ten years ago really the only concern I have going forward and had this discussion with with Mr. Chen and there's actually another neighbor and our other neighbor is not here and they to not get back to me and I can't I can't ask it as a condition of this. I can ask your word on the record that you would work with Mr. Chen to get that part of the water filled in up to the crown of his lot and just fix the fence. It's a simple to me. Ok, speaking in layman's terms again I would not want to make it a condition of this because I don't know how enforceable it is or it isn't. I leave that to our village attorney but I think you know, you're a man of character and on the record I think that would suffice. And if saying that and it's on the record then I would approve the application. Thank you, Madam. No counsel. No, no, absolutely. I will speak I and we spoken in the past I'll remind Mr. Chen or give him my card so that he's got my contact information . I know he's been represented by counsel in the past so if he wishes to call me or his lawyer but absolutely you have my word we'll reach out to him and whatever we can do to be a good neighbor, you know, as we move forward with whatever development plans we have, we will do so to to address the remaining pond. >> let's call it the remaining water that's left on his property. Well, I mean I'm talking about a little a little bit more than reach out, you know what I mean? Come to a commitment and and I give you my word we'll come to any reasonable commitment and want to get into a lot of details. But obviously if a lot of money is asked or something else happens, we get it. It's just a question of filling land. I think we can get a reasonable accommodation to address this issue which is simple, which is a simple filling of that water and fixed it. I don't think we're asking a lot that I can give you my word . I just, you know, open ended as you know, there's others on the council May appreciate. I just don't want to leave it so that it seems but absolutely filling in and addressing the water issue and making sure that we have a good fence which makes good neighbors. I think that's the least we can do and that won't be an issue. That's good to hear. Thank you. Thank you council member. Thank you Madam Mayor. This question is for our village attorney just to clarify if we adopt what's before us it will not change the one zoning designation currently on the property, correct? That's correct. All right. Thank you. Nothing further. Councilor madsen, I asked Mr. Torez, the public services director today for a map for the sewer line. Ok, and I don't know if Mr. Tauruses here but it looks to me in my examination of the map that the sewer line does run down one fifty second street. So I would like that affirmation from Mr. Tauruses if he's here, Mr. Manager, that you're Mr. Was the here I don't know if he's on that evening Dr. Madsen I can find out the answer to that. I I don't know because my concern here is that there have been no more septics, no more septic tanks on new developments. We already have a big problem. We we don't need to add to it. And as I understand it, if a sewer line runs within a certain distance of a new development, it should be hooked up to that rather than septic. So I guess I will I'm not sure how to do this whether to wait to hear from Mr. Torres. But from my examination on the map it looked like it was there . >> do you know I think what you're saying is absolutely true. But what I was told by our engineers is the fact that the line runs on 150 hundred and fifty second doesn't mean that because of the type of line I understand it's a gravity sewer line you can't tap anywhere along you can only tap at certain locations per engineering guidelines and that those locations are much further away. So yes, that's the line run in front on the street. Yes but but the engineers will not let you tap in right there . It's an engineering question. That's the answer that I got. So I'm I'm I think what you're saying is accurate. There was a sewer line that runs on one fifty second I think as it's been explained to me we cannot tap that we can't bring our sewer main and tap it right there because derm also won't allow us because you can only access a gr