good evening we're going to call to order the Planning and Zoning commission local planning Agency for the meeting of February 13 2024 we'll do the uh invocation and Pledge of Allegiance actually if commissioner Hart will do our uh invocation please heavly father we thank you for the abundant grace and mercy you've shown to us us to allow us to come together conduct the city's vs Lord we pray that you help us to come together under the spirit of unity even though we may disagree Lord help us not to be disagreeable we thank you for our brave First Responders our police and our fire fire officers are protecting us each and every day we say a special prayer for all our brothers and sisters in the armed services keeping us safe near and abroad in Jesus name we pray amen 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 roll call please chair lomnick here Vice chair forges here member Keller here member Williams here member Crocker here alternate member shakon here we have a quorum all right thank you uh consent agenda can get a motion for the Planning and Zoning minutes for December 12th motion to approve second all right we have a motion to approve by member Keller second by member Williams please vote carries all right consent agenda we did the minutes now we have old business this is going to be for 474 South blueford Avenue Condominiums comprehensive plan future land use map Amendment from low density residential to medium density residential and rezoning from r1aa single family dwelling District to PUD plan unit developing District this is going to be CPA 20225 and RZ 22245 zoning manager Whitfield thank you Mr chairman good evening everyone 474 South blueford Avenue Town Homes um so the issues before the commission this evening is whether or not to approve a smallscale comprehensive plan land use amendment to change the the land use designation from low deny residential which allows up to four units per acre to medium density density residential which is four to up to 8 units per acre and then the corresponding resoning from r1a to the Pud just a little bit of background is on the east side of blueford it's about just shy of an acre in size and it's currently a a vacant wooded lot this is the current 2022 areial the surrounding future Lin destinations and the surrounding zoning Maps so this item came before the commission the planning zoning Commission February 14th actually a year ago so a year ago tomorrow um and this is what they had originally proposed uh six uh units it was a apartment condominium product um with a driveway that's a right in right out driveway on the south side of the of the site um they were proposing three stories 45t 44t height with storm water in the rear since that time they've met with staff um uh and reconfigured the site the product is now um a single family attach which is a town home product Fe simple ownership lots and units the driveway has been moved to the north um and the storm worst is still in the back some other changes is that uh they reduced the number of units from six units to five units so the density is now from 6.4 units per acre to 5.3 which is a little bit above the low Mark of the medium density residential they reduced it from three stories to two stories um it's still a rear loaded garage um layout um and the proposed full access onto blueford will not impact City's blueford Street skatee project this slide essentially shows the location of the property you can see my mouse the location of the property and then they they util connection all the way to this point um some revised elevations again it's going from a three-story product to a two-story product single family uh attached town home units the north the top picture is the front elevation so that's what you would see from blueford the bottom picture is the back side of the unit so interior to between the the unit and the garage the top picture is the North so if you're as you're driving South on blueford that's what you would see the middle picture is the South View so as you're driving north on blueford that is what you will see and then the interior uh I'm sorry the um east side which is the garage doors facing the the lake North Lakewood area so DRC um just like last year considered this item and made a recommendation of approval subject to um addressing any outstanding staff comments specifically the one item that was outstanding at the DRC meeting was a note on the utilities plan showing that the utilities will be only maintained by the developer and not the city so as of yesterday they did make that revision um it's not in your packet because it just came in yesterday but that that comment was was addressed so with that staff is recommending um approval um of the small scale future langage map amendment to change the property from low density residential to medium density residential and then the corresponding resoning from r1a to PUD for the 474 property um subject to the condition uh if there's any other staff comments that they would be addressed when they submit the preliminary subdivision plan for review and that will be the next step if this item gets approved and I believe the applicant um team is here in the middle row over there that concludes the presentation for this one all right all right thank you are there any questions for staff I got one all the parking for the units is inside the garage right there's no I mean you got seven guest parking spots yes the units themselves will have garages and then there there will also be guest parking but the residents are would park inside garage not there's no outside parking for the residents right okay excuse me you'll get I'm sorry I apologize you'll get your turn he's asking staff right now okay problem okay yeah no that's all okay usually garages are full so so you got one parking guess spot basically yeah go ahead uh yes the each unit is fully parked per code all right any other questions for staff okay is the applicant would they like to come up just come on up there and state your name and for the record you have 15 minutes uh my name is Andrew seckler I'm the architect designer for it um I um don't have a lot to say I'm kind of making myself available to you guys if you have any questions um I know that um there was a Redevelopment of blueford Street a few years ago to sort of allow for some more development of the Main Street and uh see job is something that's kind of fitting in with that following through with that plan um so I did want to say that the building aesthetic is just this is just an idea it could look like anything that you want it to look like if you wanted to go the brick uh route I'm doing a lot of projects in Winter Garden and Oakland Park right now that look a little different so if there's as we move forward if there's some other look um you know that's achievable so um do you have any questions for me does anybody have any questions for the applicant all right thank you very much all right at this time we will uh open it up to the public comments I have several uh we are going to limit public comments to five minutes per uh I have one here from I believe it's y Rebeca Capo are you speaking on this matter which matter are you speaking on okay thank you all right I got you I'll call you up for that one okay so the first one will be Dan brigh you just come up and say your name and address for the record please and he has five minutes please okay thanks very much and I won't use all of that I don't think uh Dan bright my address is 601 South Lakewood Avenue so right around the corner um I was at the meeting a year ago and um and so one of the first thoughts I had coming to tonight was to see what some of the changes would be um from the three story to now it's a two story yes um uh what is the frontage how close to the road will the front of the building be between 10 to 15t 10 to 15 ft which I think is what it was before is that corre correct okay the um I just need to ask what the concern I have is what this is going to open up as far as resoning for that parcel the rest of that parcel if this will impact and make it more um likely that the rest of that area will be turned into an up the the res zoning is going to uh impact that um and what that's just going to mean as far as you know kind of a staircasing Down blueford um is that just going to open up more opportunities is it going to make it more difficult to maintain the low density status that we now have so is that something that can be addressed at this moment did you you does anybody have sort of a a vision of what potential this could have for other properties because we're seeing at the south end of blueford we're seeing buildings going up that are not residential that are exceeding two and um three stories and getting and larger and larger I'm just wondering what that encroachment might be looking like if we open up that parcel to a multi-use and reone that so can can anybody speak to that what what's uh the crystal ball showing do you want me to respond to that Mr sh sure so the property is part of the city's downtown um um Redevelopment area it's not in the downtown core but it is in the downtown R Redevelopment area so that Vision has been established by the city commission um in 2017 relative to encouraging um higher densities and mix of uses um in the down the city's downtown area so in speaking to the properties that are further south on blueford those are multi um those are apartment complexes so the apartment complex that's on the south side of old wi Garden Road is actually it looks like as you're driving just an apartment complex but realistically it's part of a PUD that includes Office Buildings uh at mixed use retail beyond the the where the apartment is um further to the east um on the other side of um Maguire if you were when the extension to open a garden goes in that will also be a mixed mixed use product at the higher densities um that will have a retail component the public infrastructure and departments so that is the vision uh in the CRA for those areas it's been planned out it's it's something that is captured in the CRA plan for the south side of blueford okay yeah I think what I would say is you know you have you have projects already right down the road that already meet those setbacks right I mean there's two warehouses across the street from the the cheer Center that are already there right the downtown which is only four more streets away from you are are is is going to have that look right I mean that's the the way it's going eventually so so the the answer is yes so so we're you're looking to to rezone this entire Corridor I mean that's that is the that's sort of the writing on the wall is that where what we're looking at yeah okay yeah thanks U Mike grumer development services director the the uh we want to state that from Geneva definitely Geneva up to Silver Star we consider the downtown uh at Geneva and blueford there used to be arches going into the aoi downtown and we started that with those two industrial buildings we moved them up on the road why did we do that because we have a plan we have the the actual 100% plans in some cases funded we're going to bring the blueford Avenue streetcape that you see in front of City Hall all the way down to Old Winter Garden Road and with that you have Street trees and you have a wide sidewalk so therefore you don't intentionally put big landscape buffers in the front you move the buildings closer to the front you park behind it that's that Urban feel so yes we intend to have that because blueford Avenue is an arterial Road it is a higher average daily trip Road it is a trip that has purpose it's not a local Road and with that we see we identify that to make our downtown work we need rooftops in the future we've identified the property to the South as a possibility a good possibility where you can get acreage to get a medium density get some rooftops and so we we are starting that process and making that visual feeling there so when blueford Avenue comes through with the wide walk and the street trees the building will have be up front have higher end architecture parking behind you'll see that all righty that answer your question that that helps and in the area you've got Elementary School behind it you've got a middle school to the north a fire station with admin buildings so you've got a mini city of just the schools right there and and you're on an arterial road with blueford Avenue you Orlando's a collector Road uh but it's it's appropriate as we work forward ideally we would The Dominoes would fall from City Hall to the next to the next to the next and you could see it coming but the downtown is from Geneva up to Silver Star and from the lakefront to the 429 thank you thank you very much can I have a couple more or another minute give you a couple more seconds couple more seconds okay so the question I have is what what will the tradeoff then be if if we're if is it possible then that we can have sidewalk a sidewalk actually on both sides that's what he's saying they're going to be very wide walks 10t 10 foot walks I wasn't sure about the exact blueford Avenue you see here the wide walks on both sides with the street trees we're bringing it all the way down to Old witer Garden Road Old Winter Garden Road and then safe um pedestrian walkway across Geneva and all that that from here and it's going to go phase there'll be a phase from Old Winter Garden up to 50 from 50 up to Geneva and then Geneva up to where the road pairs back down near Delaware it'll all look like it does out front here there won't be on street parking the whole way down but it'll be the wide walk with the street trees yes on both sides and lighting and and Street lighting and yes M and good Christmas lights and all that stuff oh well if you have Christmas lights better Christmas lights than what we have now T closed I mean you got Christmas I think we're we're done here thank you very much all right next up is uh David Blackwell David Blackwell come on up you're the next contestant you have five minutes sir please state your name and address hi I'm David Blackwell my address is 487 South blueford Avenue I live across the street from the um the piece of property so um we were here also at the meeting that they had about a year ago too too we had some concerns then the um I had just two questions one of them is is it firm that when it gets approved for the zoning that they can't exceed the five unit um restriction or could it is a risk that when they approve it three months from now they could change it to six units or something so the medium density residential if this were just a comp plan amendment by itself the comp plan amendment is the process to change entitlements to increase entitlements so without the Pud land use plan tied to this it could be up to eight um but with this one because the resoning is to a PUD that PUD land use plan that sets it at the five units is what they have until they go back through the whole hearing process the other constraints of this project is that on the south side of the site there's a a 30 foot easement that the city is not going to relinquish control of so essentially they only have the um from from here up so that's one of the reasons why the driveway shifted to the North and then there's a reduction in the number of units so parking uh infrastructure those are some of the components of development that's what it limits the number of units that someone could actually build there so I guess it's they can't change it without this whole process again okay okay that's good yes and then um well I one one other thing was on one of those um elevations that you were showing looked like there were six garage doors on it that bottom one are those is that the garage entrance it's just a an older um rendering for that so that would only be five yes just be five yeah and then the other thing was the gentleman mentioned about brick fronts our house has brick across the front it would be preferable if we're doing this and since this is probably one of the first ones that we're doing if we could start setting a standard for Brick along those to to kind of elevate would this have to come back sorry to interrupt you this has to come back at a final site plan if it gets approved it goes through a subdivision um and then preliminary subdivision and final subdivision so at that point if there were be approved that that point we'd be able to say you could discuss the elevations of the units when it comes in for the PSP okay and now they're building a be small scale five or less it wouldn't be wouldn't come before pnz for the final this one ended up I think being large scale it still go in front of the commission correct uh small scale subdivision is five units or less so it would be technically a small scale administrative it wouldn't reach that trigger to be large scale to come back through can we make it a caveat to make it come back through the you can make a a recommendation that we provide architectural detail on this we don't have architectural standards this far down in the downtown plan uh yet we are kicking off a Land Development code update that will address that but you can recommend that it has uh architectural detail to consist of what and that would be have to come that go to the commission and then if they adopt that as a condition perfect thank you that help all right that's it thank you very much very much got that's do you have a question all right all right next up is uh Jennifer Hawkins please state your name and address you have five minutes Jennifer Hawkins 321 South blueford Avenue um thank you is the pastor still here who said the prayer thank you for saying that you're you pray that we can be um um dis dis that we can disagree without being disagreeable okay thank you thank you okay I'll try that um I guess maybe I'm the only one at least so far to say that I live in a home single family home and my father he is deceased now but Mr Milton built um all the houses along I believe it's Delaware at least where Rusty Johnson lives and and I understand that they're going to be um building three other single family homes on that same street kind of towards the cesac and I'm just so surprised that we're here because I remember that not too long ago um there was some talk of making town homes or condos or something on the other side of blueford right near where this parcel is and that kind of went down in flames so I thought all right you know we can keep our our community we can keep our homes and our single family homes um and I'm not for depriving anyone of living in a a town home but I just really wish that we could keep our single family home area as just that um I know that there's a plan for blueford um because someone told my brother that who lives in at 375 South blueford and he has a a you know a two-story brick house and they said oh I can it was somebody in the city who might or might not be here um but they said oh we can see that is a law office or something and it's like wow we're just feel like we're being pushed out of our of our homes and uh so that's really all I wanted to say hope it wasn't too disagreeable but um thank you thank you very much all right that's all I have for this ises anybody else in the public want to speak about this matter please fill out a form when you're done oh cool come on up please state your name and address for the record thank you which one am I talking that one right there uh Scott lohe I live at 412 South Cumberland Avenue I'm just to the west of this proposed development um I similarly and wholly opposed to this I don't think anybody if you actually read the comprehensive plan the downtown Redevelopment plan is not within any of the outlines that are in that plan if you have the future Zone um do you have the future land use or either of those you can see so in that photo there's no other multif family zoning currently shown um all of the yellow is single family residence zoning I don't see how by any means you could provide any sort of reasonable transition from you know the intended downtown core right which is not within this area and with this property with all those single family home properties in the center I think if you were planning on tearing down the school and putting something else there in terms of multif family housing it'd be a little bit of a different story but there's just no way that this is going to provide any sort of transition I also you know disagree with using the Geneva industrial buildings as some sort of reasonable example of of a a best use uh I would think that's not a best use um and it's unfortunate that we have that there but I think that at this point the best way to do it is to not further to continue to sort of create those discrepancies and inconsistent uh you know zoning conditions for that street especially um I think that you know in terms of the variances that are inside I don't know if I came here a little bit late I don't know if they got into detail but there's quite a few variances that are included in the planned Urban Development proposal um that aren't in line with the Land Development code at all um to provide these variances you have to show some sort of hardship um I don't think that any hardship has been shown here I don't see any benefit to the community or the surrounding single family houses so um for those reasons I post thank you very much all right last chance anybody else well come on up let me close the public hearing and then then you can you can fill it out afterwards just say your name and address please yes Melanie Whipple 601 South Lakewood Avenue um I I am agreeing with you that I do believe that it we love our single family homes and I do believe that that is what we should be keeping here in that area that's all all right thank you very much why can't why can't everybody be like yours just like that short and sweet like me all right at this point we're going to close the public hearing bring it back up to the Das um does anybody else have any additional questions one more quick question for staff go ahead go ahead here we go go ahead um just to confirm are there any Varian is being asked of us for this project other than resoning and density um puds the zoning classification there isn't a variance it's the Pud L use plan document itself it's what sets the standards a p is a variance in itself right it's it's a design it's a mechanism to create the design standards so there are no variances um essentially the product meets the if it were just a strict R1 um medium density or an R2 medium density um it would essentially meet those requirements uh they're not required residential to residential is not required to buffer with each other um because of its location in the downtown area we staff would support like we're transitioning to the more urban form um the buildings being more upfront simply because of the the blueford streetcape we don't want to create a situation where there's a nice streetcape to encourage walkability 10ft sidewalk and then have driveways along our arterials um it causes people to have to back out of their garages and driveways onto an arterial which is more unsafe than having the building up front and then the parking in the back um the setback requirements for buffering they they meet that the parking they meet that the height they meet that um the only difference maybe is the impervious surface area they are proposing 60% um the maximum in any residential district is 50% I feel like they could probably address that by um reducing the parking the drive aisle between the garage unit and the parking stall um and then making accommodations for the storm water facility they're not required to provide amenities because of the number of units threshold so other than then the 10 foot and the 60 to going to 50 going to 60 that's it there are no variances okay do you have a question sir yeah uh one more uh question uh the I saw in the staff report that the height limit at one point was 45 ft that was reduced down to 35 ft right 33 ft this 33 ft but yes the standard for all zoning districts all residential zoning districts in the city is 35 they're proposing 33 okay and that would apply to this yes just to this all right if there are no other comments then uh we're going to need two motions on this so uh what's your pleasure uh Mr chair I'll make a motion to recommend to to recommend approval for changing the density from residential to Med to medium density um cp-22 d005 okay we have a a a recommendation for approval do we have a second I'll second all right we have a recommendation for approval by member forges and a second by member Williams uh anybody else have any other comments if not let's vote all right they passes 4 to one and I will make a comment why I voted no I uh I don't think this is uh we're not quite ready for this yet we will be I've been very clear about this every time this has come up that until uh we can rezone that whole area you know with Miss Ivy's property it's not ready we're going going to be there one day so I want all y'all to know that it's it's coming but it's not ready now in my opinion so uh we need another second motion for the uh rezoning all right go Mr chair I move that we um as the Planning and Zoning commission recommend approval of the rezoning from r1aa to PUD for the address of 47474 South blueford Town Homes thank you we have a uh would you like to address the conditions yes with the conditions I'm sorry with the conditions that are all outstanding in staff comments um specifically utilities comments and that are addressed that will be addressed at the time of preliminary subdivision plan submitt and review and the architecture the architect Architectural Review okay we have a uh recommendation for approval do we have a second I second it all right we have a recommendation from approval by member Williams and a second by member Crocker if there's no other uh issues let's go ahead and vote all right that uh also carries 4 to one and same thing for me I'm just not ready for it yet so I voted no but okay thank you very much congratulations good luck and to all you citizens you know I don't know what to say Mr Mr chairman speak of course you may um wanted to be clear on why I voted yes uh the reason for voting yes is because for one this goes to city council and there will be another opportunity for it to be fully vetted but the other reason why I voted yes is because at this point compatibility it is like uh staff has mentioned because it's residential to residential although it is a more dense it's still residential and it does provide an opportunity for us as a city to move forward with the plans that have already been approved uh and already agreed upon so that's why I voted yes and it is my desire that you continue to be involved and that you continue to watch and that you continue to have an opportunity to have a voice but that you understand that we as a community will benefit overall from this perfect thank you thank you very much all right new business this is going to be 440 koi Poco Road the parnello property annexation and rezoning from County A2 from County A2 Farmland rural District to City C 3 General commercial District ax 10237 and RZ 23110 zoning Man actually we'll we'll wait for everybody to get out real quick and thank you guys for coming and then zoning manager upfield can do her thing okay so this item is 440 uh aoia poka Road it is an annexation resoning from the county to the city um County A2 which is rural Farm uh Farmland rural district and going to the city's C3 so the property is located on the west side of aoya poka Road it's about a half an acre in size the current future land use is commercial um it's in the Waba steady area however there are no protective features um is currently occupied by a home um there are no proposed plans for it right now the property owner simply wants to um Annex into the city change the the classification um and the property is eligible for annexation because it's serviceable by water and it's adjacent to the city and it doesn't create any new enclaves so this is an area of the property um 429 Business Center is to the immediate North the pond to the to the left or to the West is the city's Pond this is the surrounding future L use map um and surrounding um zoning districts the DRC on this item on January 2nd um they made a recommendation to go from to Annex in and go from the County's designation to the city C3 again the C3 will bring the site into compliance with or into consistency with the future Lage designation and with that staff is also recommending that the planning zoning commission recommend approval of the proposed annexation and resoning from County A2 to C3 and I don't know if the applicant is here I don't see her thank you are there any questions for staff all right is the applicant here okay we're going to go ahead and open it up to the uh public comments does anybody here want to speak about this matter sweet we're going to close the public comments bring it back up to the dice anybody have any uh if hands or butts no if not I'll take a motion we need two motions so Mr chair I move that the Planning and Zoning commission recommend approval of the annexation ax 10237 perfect I have a motion to I have a second I have a second all right we have a motion to recommend in a second uh that's by member Williams and a second by member Keller if no questions let's go ahead and vote all right that passes uh 5 to zero and need the second motion please in the resoning uh Mr I make a recommendation for approval um RZ 23-10 d10 great thanks do have a second I'll second that as well perfect we have a a recommendation for uh approval by Vice chair forges and a second by member Keller any uh questions if not let's vote passes 5 to one congratulations all right our next one is going to be Manor property resoning from R1 single family dwelling District to C2 Community commercial district and uh that's rz2 31211 Zing manager Woodfield thank you so the property is located on the um south side of SilverStar Road near the intersection of aoya poka road is also um about half acre no I'm sorry that's not right it's one of at live it's 28 acres in size um it's vacant and there are no special features features on it so this is the the Arial of the property the future line use is commercial so the zoning conflicts with the future line use and the applicant wants to just change these zonings to match the future line use because otherwise they can't develop a residential or a commercial because of the conflict um the RC met on this item on January 2nd uh and made a recommendation of approval staff is also making a recommendation that the plan zoning um approve this uh resoning from R1 to C2 for the mansuit property thank you great thanks uh any questions for staff is the applicate applicant here all right anybody uh in the public like to speak of are you the applicant sorry Co anybody in the public like to speak about this all right we're going to open the public comments we're going to close the public comments anybody else have any other questions I will take a motion please so Mr chair I move that the local planning agency recommend approval of RZ 2321 great thank you do I have a second I'll second that we have a recommendation for approval by member Williams and a second by Vice chair forges no other questions let's go ahead and vote that passes congratulations all right number three West Delaware Street West Property small scale comprehensive plan Amendment from institutional that's interesting to ldr be part of the school TDR uh CPA 2024 001 zoning manager Woodfield yes um so just as a point of clarification the future Lage designation is public facilities SL institutional so we just shortened it to institutional um and it's going to low density residential the property is located on the north side of Delaware um it's about one acre in size the current zoning is r1aa however they can't build the houses because it conflicts with the future luse category um this is an aial of the property the surrounding future Lage designations is institutional because of the church use on the North and the surrounding zoning um DRC met on the sixth and did not make any um did not identify any concerns and made a recommendation of approval without conditions so staff is also recommending that the planning zoning commission make a recommendation of approval for the small scale comp plan amendment to go from public facilities institutional to low density residential for the West Property great anybody have any uh questions for staff I got a question what is low density with how many is that up to four up to four mhm and this is just uh west of Buford right yes MH okay interesting okay single family homes yeah yeah any anybody else have any other questions for staff I don't see the applicant here so we'll uh open it up to the public if uh anybody has anything thing if not we'll close the public hearing bring it back up to the dice uh I will uh just note it I'm going to vote but this uh my cousin owns this property but I don't have any financial gain over it so I just want to make sure it's uh noted but if anybody has any other questions I'll take a a motion shair you want me to vote for you no I can still vote thank you though I'll take a recommendation uh Mr chair I'd make a motion that we that we recommend approval of cpa-2 24-1 thank you we have a recommendation for approval do I have a second I'll second that great we have a uh recommendation for approval by member Keller any a second by Vice chair forges any other questions let's go ahead and vote all right that carries five to one okay this one we have some people that like to speak about this one this is number four AO Oaks joint venture large scale preliminary subdivision plan LS 20234 zoning manager Whitfield yes thank you so the property is um the it's the south southeastern um Southwestern 5.71 acre portion of the property address at 2011 South Clark Street uh South Clark Road um this site underwent a rezoning approval back in October of 23 to go from the A1 zoning District to the r1a zoning District um at that time the uh proposed subdivision was 18 Lots this is an a an aial of the property the surrounding future Line's designations um and the re and the zoning map and you'll see the r1a is the southern portion of the main property the preliminary subdivision plan is proposing an 18 lot um single family detach residential de development um there's a lot on this slide so I'll go through it piece by piece this is White Road here North is going left to right so going to the right is North the um development includes a new public road that extends from White heading north all the way to where this yellow line is um and then from this portion over to Clark will be a private 30ft roadway all of the Lots as required by code will front on a public road um the lot meets the minimum lot requirement size and dimensions the building setback uh so the building footprint is shown here um the proposed RightWay is 50 ft the city water and sewer capacities are available um they are still working out engineering designs with our engineering uh our utilities department in terms of their storm water um they will be sharing the storm water facility with the church property on the North and there is a utility easement uh drainage utility access landscape eement going through here and then going through this 30ft right away um of note both the White Road intersection and the Clark Road intersection will be limited right in right out only um there will be no proposal to cut open or alter the median on white roads to provide for a left in from White Road um the Landscaping um when we review the final will will comply with the city's land arbit code um essentially the layout as is shown here in their preliminary subdivision plan complies with the concept that they presented to the city Commission in October uh for the resoning um oh also there is this 30 foot RightWay here will also provide access to the cell tower site that was also approved last year the DRC met on this item um on January 2nd uh they made a recommendation of approval without conditions um again engineering will still need to be approved uh with that staff is recommending approval of the proposed preliminary subdivision plan for the koi Oaks joint venture for an 18 lot single family detached uh subdivision on the 5.71 Acre Site and the applicant team is here great thank you are there any questions for staff I got one who owns the private road I'm sorry who owns the priv Private Road it'll be the HOA the HOA for those homeowners yes okay so is this going to be gated no no okay so my my other question is uh or I'm sorry Mr chair roll okay um there's a lot of cut through around here in this area along White Road is this going to I see the little kind of I can't tell what they are is that narrowing the road to discourage those kinds of cut throughs to avoid that intersection or am I reading this wrong so um this is there'll be signage here for Resident access um this is basically a b um what we talked about at the technical staff meeting um I think there was contemplation of adding in a um an entrance gate I'm not sure if maybe the applicant can speak to whether or not they still want to do something like that um but this road is intended to just serve this lot originally when they came in there was no connection to Clark and so the concern from the neighbors to the east was the traffic coming in and off just on white only so the compromise was to have a relief Road that's private for the use of these residents um so they can head north on Clark if they want to without actually having to exit onto white go to the Clark and white intersection and then wait to turn um North Northbound so let me let me be clear then since it's since it's going to be a private road they can gate it but it won't be a gated community correct okay I just want to be make sure I'm understanding you okay thank you that that those are the only questions I had all right anybody else have any questions for staff for bring the up I do I do um the subdivision to the east does it have a left out uh I believe so yes it does a left out yes I believe they do because the the meeting stops just shy uh of this um let me go to the aerial so here there's the full opening here okay and then the Medan and there's no there's no plans to to open that median correct and what would that be is it I'm sorry I mean does it not meet some kind of a DOT criteria that that they open the med for this complex to go there a a couple of reasons why they had presented a traffic plan or a traffic study that showed the Medan cut there what that would have involved is uh actually shrinking the the queue for the westbound left like if someone were in the lane to go Westbound and then left turn lane in order for them to do that medium cut they would have to reduce that Q length of the left turn lane um staff was against that and plus the city had just done improvements to extend to improve the median and to extend the Q length of that left turn lane so we didn't want to um create yet another point of conflict with people traveling East and then wanting to turn left to go into to this site so as uh like I said as a compromise um providing that relief to Clark for the residents in this community will give them an opportunity to head north if they want to without actually going to the intersection okay no uh yeah I'm going to go back to that the gate for for a minute there so are they looking to include that gate or is there just discussions about it and the reason I ask and um if you go across from the mall off of um 50 the road that goes um and I can't remember what the name of the road is now but uh right across from the mall where that uh Thai restaurant is yeah that road actually up until you get to the church is a private road owned by the community okay everybody takes that road I it's even though it's a quote unquote Private Road um that you'll see people using that as the cut through to get over to Old wintergarten Road so I'm just wondering if you don't really put a gate in there are you go are you doing uh to member Williams Point you're just opening it up as a shortcut and people are going to be going through that Community to get to Clark Road so they can make their right turn and not have to wait at the track trffic light so the applicant actually brought that up when we discussed it at one of the prea meetings um from a planning perspective having that alternative route actually is safer because it one it takes away from the Q length at the intersection it whenever you have more connected roadway networks it's um it's better for movement of vehicles and it also helps alleviate the driver's stress of having to wait at the signal for so long so ideally it should still be left ungated um so basically you're making it a public road it so and that becomes the next part of the question make we have to make it private uh because there isn't enough land area to make it a 50ft r of way so the compromise was to have a private road that they would own and maintain um but it is also serving that access without that connection um it would have essentially been a dead project Mr chair um just because it's a private road doesn't mean that it can't be open to the public you know um if you go to Walmart you may be going on their private property but it's open to the public and if the applicant chooses to leave it open to the public they can secondly with the gate um you can't put a gate on a PIV on a public road you can put one on a private road so where it leads up to that that uh Private Road the gate wouldn't be able to be placed in the in the public right away yeah you don't only G to one side right unless they took over the road and and yeah until it becomes a private road I just yeah I just wanted to make sure of why we're because like I said when when I look at that you know everybody says oh yeah well it's a just a cut through over to Old wintergarten Road and technically it's a private road and just want to really make sure that we understand what we're doing here cool okay it will become a cut through a cut through yeah yeah that's what it will be traffic backs up on the park just just one more just one comment and I'm assuming the subdivision to the east does not have or would not agree to a cross assment from this subdivision to cross through their and and have a left out we I don't know if the development team has talked to them to do a cut through but I don't think that that's something that uh they would be interested in the community to the east all right this what they have to say all right I'm GNA let the applicant come on up the applicant's attorney looks very [Laughter] familiar I wonder if his uncle was on TV or anything good evening Logan opsol 215 North Yola Drive Orlando great to be with the commission um good evening everybody uh I'm going to give a brief presentation um and just some brief introductions as well we have with us uh our engineering team representative of the developer uh as well as uh representatives from the church property Theo Oaks Methodist Church and some neighboring uh property owner and support um not did a good job of of going through the site plan will keep this slide up for your purposes uh as as we've briefly discussed already there's been quite a bit of technical talk uh from the onset which has led to the product you see before you um I want to hit on some of the the main points here for your consideration when looking at this uh number one uh from a density standpoint this is a low density residential development what's being proposed before you is 18 Lots so you have about just North about 3.02 uh dwelling units per acre so about one under what would be allowed in again that low residential dwelling standpoint which Segways us into the traffic which was touched upon by staff uh very di Minimus traffic due to the small size of the project um not withstanding we you know we've had ongoing discussions about this road have have made this compromise with staff which I think helps us with the road connectivity which was touched upon which of course is a goal of the city as well um for all specific engineering questions I'm happy to bring up the team and answer any of those questions that you have um but what we do know is we have capacity from a utility standpoint from a traffic standpoint and what you see before you is a lot of uh brain power and collaboration to to get a well situated project that's compatible with the area and can still maintain that low density character so with that I'm happy to answer any questions and bring up anyone who's uh likely smarter than me to answer your specific questions as well anybody have any questions for the applicant yes um Mr chair um so in looking in in trying to resolve the cut through issue it's it's not the um 18 homeowners that will be in there that we're concerned about or that I'm concerned but I can speak for myself it's the people trying to get through so can you speak specifically about your plans are you are is there going to be a gate or no so and I and I can get a solid answer on that I think the issue with the gate access is they're being right away up more than half of that roadway connection and so um you know some to a specific point that Lou brought excuse me remember before just brought up was a potential cut through I don't even think there's an opportunity or an open lot to the division uh subdivision to the east um and so what what staff had focused on was the the notion of connectivity of the roadways and and that's what what brought us here from a from to answer your question more directly as it relates to a gate I think it would defeat the the purpose and which brought us to this um kind of compromise of connectivity uh because it would shut off that ability to connect those roadways so if I so I can make sure I'm really understanding what you're saying here and that I'm thinking it through as I'm thinking it through is that it staff is saying that if we don't put a gate there and what your argument is if we don't put a gate there it creates better connectivity even though it will be it could create more through traffic it's safer for the traffic that's coming through to come through that way than any other option that we have to be considered if if I may um member Williams if I would encourage the planning zoning commission to look at this road as not a cut through but rather as a reliever road to that intersection okay that helps thank you and I would also you know I would also remind the the commission here that when we saw this last this was one of our main things to tell them they needed a second point of entry and I think we all had a big comment about it need to be where the church was cuz I believe when another project came up it was a big point at least of mine to say you better watch what a project is cuz I know these people wanted to bring a second Road through right so I would say to comment to that that probably quells what we're talking about here and I wouldn't Focus so much on it being a through Road these people that are going to move in here are going to know what that road is that's their their business to move in there right plus that road is not far up from the light so it's not a big reliever for somebody to you know wait in traffic for is where they're going to be the the neighborhood behind that is where they really want to cut through if there was a road because this is not far off of Clark Road right but I do have a question uh for the engineering staff um if you would bring them up please I will be the first to say I Champion to Second entrance for this for this community I'm looking at this now one of my questions before and I'm going to ask again how are these people going to get to Publix on 50 or how are they going to get to the mall uh Dave Schmidt Dave Schmid engineering 12301 Lake Underhill Road Orlando 32828 um again working with staff working with the traffic consultant and I'm not the traffic consultant but um the idea is to allow them to go um right out on twight road to to go that route and then immediately take a U-turn correct if they needed to yes and that very congested intersection already uh yeah again I don't have the traffic study with me I can take you there at 5:00 in the afternoon yeah I'm sure just getting here on 408 at that time is is tough so all right cool thank you very much sure all right uh that I'm going to open it up to the the public Mr uh Mr gber you want to come up and speak you have five minutes I don't need that much all right I'm Doug gomber uh 405 Misty Meadow I live in the subdivision of white Hill and I'm also the president of the HOA there I am the subdivision directly to the east of this proposed project those of you that may have been here back in October of 23 remember when this first came up I was hotter in a firecracker on Fourth of July yes and you guys brought me down and said all right let's wait and see what happens when this goes to pass Planning and Zoning just to change the zoning and I want to tell you this is a good example of the community and and people staff you guys commissioner Wilson the people that want the developers and the people that at the church making a project work because the whole thing comes down to the access road on Clark Road and with that access the 55 people that are in my subdivision are unanimously in favor of this but it all came down to that and we had numerous meetings between uh M Miss Wilson and the people you know Carlos the law team and the Developers and this is what happens when it works right because this never would have gone anywhere and you knew it when it when it came in here that that was a problem to address Mr Keller your issue they're not going to try to cut through this subdivision they cut through white Hill and go out uh on the other side that and that's been a cut through ever since those roads were put together yeah so the the experienced people in aoi know the quick way through is to get through there so it's the people that'll be coming out of that new sub Vision they'll learn that they have to go up that way but that's not going to be a problem with only 18 developments in there so I compliment you I you know this is a great example that you could use with with anybody else of how a project that was DOA to my people turned into a a 53 of my 55 people are okay with this so I just want to let you know we are in favor of this and I'm happy to say that uh this is going to be a good project great thank you very much anybody else from the public wish to speak all right if that's the case we're going to to close the uh public dice bring it back up uh does anybody have any other questions I would just say I I think uh I think you guys hit the nail on the head this time you you listen to what we asked for and it's it's right so I I also recommend staff I want to uh say thank you to staff and and to the developer and for the first time I think I've ever done this I'm gonna hand this over and I'm going to make a motion to uh recommendation I don't even know how to do this you do what why should I do I'm going I going to make a recommendation to approve uh the uh large scale ply subdivision plan ls20 23-4 I'll second that all right recommendation make by chair lumni second by Miss Williams any discussion are in FA I'm sorry let's vote passes unanimously thank you very much all right you did well I did well there you go all right we're going to do this one and it's good to see you again Mr Offa yeah come back oh never mind all right we're going to do uh we're going to do five and then after we do five we're going to take a a five minute break but uh the next one up is uh 125 South lak Shore Drive this is the barenburg property variance request v241 and we're going to give just a second for the people to make their way zoning manager wet field thank you the variance for 125 South Lake Shore Drive um so the the issue is whether or not the commission the planning zoning commission should recommend approval of the variance to section 5-6 B subsection one in the Land Development code in order to allow an accessory structure specifically a pool and pool deck to be located in one of the three required front yards uh specifically the southeast front yard on the property located at 125 South Lake Shore so this is um the location map is3 acres in size the home was built in 1958 um the applicant purchased the property in 21 it has has a R1 AAA um zoning classification that has the highest um building setback requirements for the city um and it is unique in that it has three frontages so essentially three front yards and a side yard with no backyard this is an aerial of the property um the surrounding zoning map so this was just as a little bit of a recap the variance uh for setback that was approved in 22 um as you can see here this is the house the driveway um the house and a back porch it fronts on lakes Shore and then it turns and it fronts on Lafayette Street and again still on Lafayette Street so essentially the 30ft setep back is all the way here the existing dwelling right in this corner the South corner is already encroaching but the setback is not the question for here I just wanted to show you this as a point of reference um the garage is here and it has been issued a building permit under and constructed and has a it doesn't get a seal because it's not an occupiable space so this variance is requesting um some relief to the requirement that we don't allow any accessory uses or structures in the front yard for Corner Lots they typically have two fronts a side and a rear the code has a provision that gives some relief to double Frontage Lots um or through Lots in that there's two fronts on opposite sides of each other and then two sides where the accessory could be located in one of the sides um but it couldn't be located um in any of the fronts so like the the 2022 variants they had four criteria that they needed to meet the first one is that there are special conditions or circumstances that are specific to this property that applying the code literally would essentially deprived the applicant rights commonly enjoyed by other properties with similar conditions that the circumstances are not the result of the applicant's actions and that granting the variance doesn't confer any special privileges to this applicant so um some factors in the pool placement um definitely don't want a pool in the front yard in the front of the house facing Lake facing Lake Shore and the lake um they are constrained on this side because of their drain field they just finished constructing the um garage here because this side this location of Lafayette Street has an existing driveway cut so they're utilizing that cut in order to build the garage um they're drain their septic tank is here um and the applicants are still hopeful that at some point in the future the city will extend sewer to this area and they want it to leave this area free in case there's an opportunity for sewer connection so with that um the green area that you see here in this image is their property line they are um in addition to fencing it uh 5 ft here and 7 ft here on the South Side the pool is as far away from the house as um or as close to the house as they can go because of the building code requirements for separation between house and the pool like the pool the water's edge um their original design had the pool actually I lost my mouse there it is the original design had the pool closer here to the corner and then all of this was deck space we met with the applicant and came up with this design where the um deck space is here they remov some of the deck space in their original design and you are utilizing this sitting area and then the pool is here um we also looked at whether or not the lot complies with all the other zoning requirements so maximum impervious is not an issue um other setback other than the variance and the existing house Corner are not issues so the the I have to give credit to the applicant for providing this these renderings and slides um they he did a really good job on these depictions um what I asked them to do was to Super impose what the street views would look like if the fence were up so you won't be able to see the pool or or any of those things but you'll see the fence and how it interacts with the street so this is what they like to do it's not a a solid white vinyl fence it'll be with the ones with horizontal slats so it'll be a nice decorative fencing Landscaping along the fence line to help soften it um again the the request is to the placement of the access structure so this is a view from Lafayette this is their their driveway this is an existing fence the septic tank is here and this is a closer view um of the fence line oops I'm going in the wrong direction um this is the view of the fence um as someone is turning right onto Lafayette from Lake Shore that same similar view So based on the limitations of this lot the fact that it's essentially it has no backyard typically pools go in the backyard the side yard is less than 10 ft and they there would be no way to place an accessory structure there and meet the other code requirements so there staff feels that there are unique circumstances that are specific to this lot there are very few other Lots in the city where they essentially have no backyard and that the literal interpretation would deny this property owner the right to have um to enjoy a uh commonly enjoyed feature of their property um these conditions are not the result of their own actions and we feel that granting this variance would not confer any special privileges to this applicant that would otherwise be denied another applicant with similar situations um as a variance they don't go to DRC so it only comes straight to the planning zoning commission and then to the city commission and staff is recommending that the PCC recommend approval for the variance to section 5-6 B subsection 1 in order to allow an accessory structure in one of the three required front yards and the applicant is here great thank you any uh questions for uh staff all right the applicant want to come up and say something no you're you're good okay we're going to open up to the public I don't have any comments on this one anybody we're going to close the public comments bring it back to the dice anybody have any questions I need a u motion Please Mr chair I'll make a motion that we recommend approval of vr- 24- 01 I'll second great thank you we have a recommendation for approval and uh by uh member Keller and a second by member Williams all those in favor go ahead vote that pass is clear okay congratulations how many more of these we going to do for you is what I want to yeah all right on that note we are coming up we are going to take a uh a short recess uh all right everybody we're going to gabble back in now this all right we are on number six this is a Cambria sweets ooi large scale preliminary site plan ls20 2310 zoning manager Whitfield thank you Mr chair so the issue is a large scale preliminary site plan for the camer suits at hot at aoi hotel development with a 1500 foot restaurant um the property is on the south side of Main Street right near the um intersection of blueford is 2.68 acres in size is currently Zone C2 there are no environmental features um it is within the CRA uh Target area 2 Sub Area 1 this is an aerial of the property The Zone the surrounding future L use all commercial and um the surrounding zoning is all commercial C2 C3 um so just briefly the CR Target area it's this is the plan that the city had approved some time ago this is the target area two the yellow is sub area 2 this property is here in sub Area 1 so this is the site plan um the hotel is um snugged up against the corner of the Maguire and Main Street intersection they're proposing two full access driveways one on Main Street and one on Maguire um they are proposing a vehicle interconnection at staff's um comments because the ideally the hotel to the South will connect here to help alleviate um trips onto Maguire um so the bill and setback is included in their in their cover sheet there's a waiver table um the by virtue of the property being in the C it does give us some administrative opportunities to um have a lower setback the CRA sub area one building setback is zero they're just a little bit close to zero um pools on the first floor like I said the restaurants on the on the sixth floor um the building height is six stories um in L of five so sub area one is five stories sub area 2 is eight stories and um with the improvements to blueford um and the designations of Maguire and blueford as far as the functional classification of the road it um staff supports the change because ideally this the target area will go for more higher um higher number of stories so this is um an an elevation um some renderings of the the hotel building you have a portal cochet coming off of Main Street um this is Maine this is right there in the corner the um restaurant is up here they worked with our SI admin ministrator in terms of the look and feel of the hotel incorporating the city's colors um this artwork here is just conceptual that's this approval is not necessarily approving this artwork this is another elevation this is what you would see as you're traveling on Maguire Southwest traveling north on Maguire um Southeast the DRC met on this item on February 6th um and made a recommendation of approval subject to a few conditions um as you know with the blueford streetcape project the location of Main Street and blueford there's going to be a roundabout there it's it's the odd oblong shape roundabout um we have sent them the the sent the afcan team the design of the roundabout um because of the timing between this project coming in and the timing for the improvements we will continue to to look at the engineering of that to make sure that they can move forward with their project in terms of construction but at the time that the roundabout comes in we'll be looking at how we can re realign it as needed to ensure that the Turning movements are safe and that um circulation is still being maintained um that goes into the second condition with respect to the development agreement we'll work out those terms um in terms of the improvements um at the roundabout um the third item is with respect to parking they have submitted so in sub area 2 of the CRA Target area 2 there's some parking relief in sub Area 1 there isn't specific parking standards for a hotel use um but at staff's request they have provided a parking analysis where they have outlined the parking needs for the hotel units as well as the parking needs for the restaurant for the patrons as well as the employees based on shifts and um shifts of staff and Transitions and things like that so with that they are requesting a waiver to the parking standards um which is the typical uh LDC parking standard and there's a a slight reduction from 133 spaces to 118 spaces I believe I don't have my glasses so 18.8 um% reduction in parking um staff has expressed our concern with the parking they feel that it will work we don't have an issue with the the reduction but as a compromise um in trying to um promote development in this area in our Target area we and the applicant team have agreed to consist continue to look at parking needs as future projects come on they do have the opport opportunity to use the on street parking on the north side of Main Street by The Oasis the parking spaces on street are dedicated to the Oasis um apartment complex um so when the project when the property north of this site north of Main Street comes in we will be looking at that project in terms of you know parking relief or shared parking um there isn't a a staff concern like objection to the parking reduction which is as this project moves forward the blue first streetcape project moves forward future projects come in we will continue to look at parking for the entire area not just specific to this this user and this project so with that um we are recommending that the planning zoning commission recommend approval of the large scale preliminary site plan subject to making sure that in final uh we will continue to look at the inter interaction between the Main Street Street driveway and the roundabout um if needed develop a development agreement to address that and also again the parking and the applicant team is here all right anybody have any questions for staff would if I may uh Mr chair so we are comfortable that anybody who would be coming to stay overnight at the hotel will have enough space to be able to still stay at on Hotel property or based on their parking analysis yes sir okay that was thank you what is the breakdown of the parking for the hotel versus the restaurant how many spots are for a restaurant um they have eight for the employees eight for patrons um and the balance I think 117 is for the hotels the the hotel rooms the the remaining 102 the yes I'm sorry the the total um I don't have the I I think I have it I'm not sure if I have the parking study so the number of parking spaces for the hotel units or or rooms isn't anticipating 100% occupancy so there's still some percentage of vacancy that the parking spaces are planned for um and then eight spaces for the patrons because it is only 115 I mean a 1,500 ft restaurant use some of that area area um wouldn't be used by patrons so it'll typically 20 30% of the area is back of house so eight seats or so there's 117 rooms and 102 parking spots technically so you'd be at like 90% oy okay so there's small we setting a prent by I mean when the de next developer comes along and he says I don't quite have enough space for my parking so because the project the site is in the s we there's there's some negotiation and some give and take they've designed the site to meet the um comments of Staff in terms of the the driveway the accommodation for the um loading zone um the Landscaping adding the circulation to the South um making the sidewalks wider to 8 ft to mirror what's on blueford and and Maguire and Main Street um typically parking we have a minimum in the code just as a a standard but given that this is in the CRA where we're trying to promote more walking uh with the 10-ft white walk on the other side of blueford there's opportunities to look at parking for the area as a whole as opposed to um pece Milling it on each site so um you know we all know that when when you go to like a Trader Joe's for example a parking key to make or break a business they are confident that the parking that they're providing um based on their other locations will be sufficient for their needs um if it turns out that that that it's not sufficient then they will look towards finding alternative locations um the current parking code allows for shared parking for parking spaces within a 300ft radius of this site um I know that they are looking at the property to the north to see what could be done there so there's opportunities moving forward um that hasn't been officially submitted to the city yet that that where we will still continue to look at parking okay can you you mentioned that there were um there's on street parking somewhere where is that currently there yes right here if you see my mouse right here along the north side of mean I see it now there be a circle there yeah so just sorry did you have another question I that was just it that was it thank you I was to ask or you yeah I'm just going to say you know I mean there there's two other Lots on the other side of that eventually could be a shared parking agreement so I don't think it's that big there's enough space there there could be eventually right if there's a doctor's office going in there something that's not full 247 which would probably be the case they could push paired shared parking agreement together kind of like AC Texas Roadhouse in the dentist place which I don't know if they really have a shared parking but so anyway uh well I was going to ask so nearby is there another hotel that you can compare there's one right in front of it there's one just south of it this one Fair FS how is the parking situation there um I did not look specifically at the hotel on the south uh it's not bad it's not it's hardly ever full unfortunately and plus they're they have Shar it's may not be a share parking agreement but the the new the new auto place is right in front of it the Popeyes is right there so they can park anywhere there yeah so right here in this whole little corner there's it they're shared so a lot of our um to the general public they probably view those as roadways but they're actually just internal driveways Drive aisles so all of the parking I keep losing my Mouse um in this area it can be is there's an access um language shared parking shared access language in the development agreement for this corner um also should the oldtime pottery be redeveloped they're looking at possibly um parking along Maguire on the east on the west side of Maguire also the ult Tob kid site still has a medical office pad or an office pad where when they come in for their parking um there's an opportunity for share parking for nights and weekends there as well yeah my question was going to be uh about the shared access is that are they going to cut into that that driveway that's going into the apart that's going into the hotel that's going into Christian brothers are they going to tie into that same I don't think we have a mechanism to require the existing hotel to build it to it uh build it to this site but this site will be building their connection to their property line okay cool all right great uh we're going to go ahead and ask the applicant if they want to come up please state your name and rank hello Commissioners my name's Mitch Collins 801 East South Street uh Orlando 32801 I'm the project engineer involved with the project uh the rest of the development teams here with me tonight we'll be happy to answer any your questions do you feel that the uh the the restaurant use if it you know gets transient use it's going to change the effects of the parking lot no we have uh I believe uh the rest of the team can probably answer better about the restaurant but uh I believe that's not going to be signed differently as far as advertises a separate use and uh but it will have transi use though right it'll have non Hotel users um yes okay Robert Haywood uh 8101 violent Oaks uh 32835 um we're part of the management company uh paramont Hospitality we operate four other hotels in the Orlando market um I'm I drive through this area every single morning taking my daughtered IMO so uh relative to the parking uh we are at 88 spaces for guest juuse that's 75% occupancy uh that South Fairfield uh operates at around 60% occupancy based on what we've pulled from the market um to answer a question on transient yes we are anticipating some transient relative to the the community being able to come to the rooftop uh to to visit uh we don't believe that there'll be an issue and if we see a necessity for it we will in in a valley parking uh mechanism within that to be able to to handle any of the the parking needs the developer owns the north lot across from Main Street as well so we've we've have that flexibility of being able to to use that lot in the future if parking gets to a point where it's a uh any type of an issue have you named a tenant yet for the restaurant is it going to be uh what are we thinking no it'll be internally operated there's not it's not a third party it's not 41 great any other questions for the applicant whatever man I always want restaurants anybody else all right at this point we're going to open it up to the public does anybody have any comments or concerns all right we're going to close the public D public uh comments bring it back up to the DI thank you anybody else have any other questions for staff if not then we'll uh I'll recommend I'll take a motion well Mr chair I'll make a recommendation for approval for project number LS 2023 d010 thank you do I have a second I'll second all right is that including the staff recommendations on that say that uh um there were sta let me go back yeah there's uh conditions that are listed one through three L just just say with with staff recommendation with staff recommendation okay all right we have a motion to approve a motion to recommend by Vice chairman forges and a second by member Williams if there's no other questions let's vote congratulations can't wait to eat at your restaurant I'm not going to stay at your place but I'll eat there all right all right okay we've got a couple comments for this one all right this is going to be number s the gardinia point resoning from unclassified and r1a single family dwelling district and PUD planned unit development District RZ 23022 um Mike can I ask you a quick question and sorry to steal your thunder not to put you on the spot is there any way you can give a little history of this property first before we get started would that be worth a while yeah we it's part of our yeah I can certainly do that yes well then let her do it I didn't want to take it from I know you've got that in your SL yes she she's got it thank you zoning man zoning manager Woodfield has all the answers I wouldn't say that okay thank you um planning zoning members thank you everyone for your patience and and sitting through and and thank you for coming to the public hearing to voice your your comments and concerns so the project um is a resoning of 3737 Acres it's comprised of four Parcels from um unclassified and R1 a single family to PUD plan unit development and unclassified essentially is when a project a property comes into the city from the county but it doesn't have a designated zoning as it comes in like with the previous one you saw earlier this evening it was an annexation rezoning this one when it came in to the city some time ago it was unclassified so that's a little history on that one the location of the property again um 3737 acres in size is just North of the railroad tracks and AD Ms Road um the future Lage designation this aerial is a combination of low deny residential and some commercial I'm sorry some conservation on the North side this is the surrounding zoning map again this is the unclassified portion this is the r1a portion so as a a bit of History Mr chairman um the the road that'll be accessing this property is um off of a Vista Parkway turn my glasses on when um when these subdivisions um came in there had always been a planned roadway access to this property it's a dedication to the city back in 2006 and that tract is here a CO Vista Clark Road is here a CO Vista comes here the road ends with a culdesac right at this location this town home development this town home development access is accessed by that same thing with this town home development Prairie Meadows which I'll show in the next couple of slides but track D has been planned for a roadway um since 2006 so this is coming from the plat a Prairie Lake Preserve plat um you'll see the dedication here to this site and the property line for this site is right here these two images on the north is the Prairie Metals subdivision uh subdivision plan that was approved um it shows um future emergency access and um utility easements this is the actual Prairie metal flat where the 20ft emergency access and utility easements are here um because the plan has been to provide service via this route um and this track D because it would not be possible to provide that through the railroad track um this is an arrow of the site I just wanted to highlight some things um the town home subdivision adjacent to this is separated from this property um by an open space tract it also has a track K which is a wall and Landscape tract and then you've got the rideway for the future Road the subject property is here the property line is here and [Music] um staff measured the property width the RightWay width for the railroad line is 58.5 ft approximately 60 ft um there there is not sufficient room to cross the railroad track here because you have to have turnaround and a safe location so that the railroad arm can come down and and all that um this is just a an image showing that there are homes that are you know right next to to roadways this is another image of the railroad track this is um John sh joh Shores excuse me facing the subject property and um you can see the road track there there just wouldn't be sufficient room there um I planning had received some concerns about um the proximity of the future road to town home units and we just wanted to share this area to show that there are several locations where the co Vista and these Town Homes back up to an a tract that separates it from the roadway and also the roadway itself so there's four locations four buildings there that have the same situation that would be over here um this is just another example of town home subdivision separated by a road with an open space tract so this is the site plan itself uh or subdivision plan itself um the rezoning involves all three Parcels um but par Parcels 11 128 and 2011 will remain untouched the blue area is the wetlands as well as the 25 foot Upland buffer area that's required by the comprehensive plan all of those areas will stay untouched the um essentially the development will it'll be a public road through to here at their property line they will transition into a private road um which will be own and maintained by the HOA of this new subdivision um this these Lots on the exterior are wider Lots than the Lots on the interior um they are providing um 70 guest bases here some in the internal roadways here um the Tot Lot is here storm water is on the outside they have been very cautious to make sure that the stone water facility is outside of the of the wetlands area as well um some other amenities is that because of the I guess secluded of this development um the applicant team has agreed to provide Recreation for not by not just the Tot Lot but also um they've agreed to delineate the length of the sidewalk around the community and the and the roadway and it's going to be flagged and mapped so that when people are walking they know you know how many miles they've gone and things like that from a recreational perspective instead of just a TOD lot um they are meeting the parking requirements as far as the number of parking spaces for each unit and again um they're required 168 but they're providing 289 there will be no connections onto uh Prairie Lake Boulevard up here the one main reason for that is that they cannot cross over the wetlands so the only point of of access is via the aoi Vista Parkway um uh unapproved rideway which has been planned since 2006 so approvals um as I mentioned they have they've set aside more than the minimum 20 35% open space their net density is less than the ldr maximum um the external lots are 24t wide which are comparable to the two sub town home subdivisions that that you have on the two sides of a CO Vista as you enter this side um again and and the walk path so DRC met on this item on January 2nd um they did not identify any concerns the applicant team worked with staff to address all of our comments with the preliminary subdivision plan stage um and we are recommending that the PCC um make a recommendation of approval of the resoning from unclassified R1 and r1a to PUD for the development of the gardinia Point subdivision um and next steps will be the city commission hearing and then final subdivision plan and the applicant team is here thank you very much does anybody have any questions for staff um if I if I may uh Mr chair so uh couple of questions on that 11 128 and 2011 is that all um Wetlands then so there is no way they can uh go out onto Prayer Lake Boulevard I'm just wondering if at the front end of it because it looks like the back end is definitely Wetland but I'm just wondering if so right here um this inside line is the Wetland line and then this outside line is the 25ft buffer and so there are some open Upland tracks uh oh some Upland areas here in these three lots but because of this Wetland area here there's no way that they could cut across there um and then connect even though this tiny little triangular parcel is Upland they can't get to it from here well I was thinking more towards along the CSX right away if there's any way can they I mean I know it's been done in the past where it's like okay well we'll we'll take this and we'll give and we'll give you that in its place there's nothing we can do in that type of situation here so right now our comp plan doesn't allow encroachment into the flood Plano Wetlands they have to maintain a 25t set uh Upland buffer um comp plan policies aren't something that someone could request a variance to so until unless until they changed the comp plan to allow that they wouldn't be able to do that um if there weren't that restriction in the policy then someone could seek a um to provide some compensatory storage in some mitigation for Wetlands by paying into and mitigating but in this instance they've made a commitment by this land use plan um to not encroach into the wetlands at all and the second question is there is no way to improve that uh right away with the railroad uh I we can't see if we can get like a wider because part of the reason now is that they can't put the arms there for the for the crossings and all that so I guess the question is is there a way to be able to do that no that's why we made the track to the West we made it the developer give that as future right of way yeah cuz I remember doing that cuz I was in on it happened but I just want to make sure it doesn't require a four a four-way signalized intersection there's not enough room to have cars park at a stop before the arms okay it's too close to the Clark Road intersection that's why we had this alternative put in place yeah I just want to make sure nothing changed because like I said I remember passing this back in 2006 and if you remember cxx doesn't give up anything ask how that worked out so they don't they don't give up any rideway I just wanted to get it on record though thank you all right anybody else have any other questions for staff all right we'll uh bring up the applicant if they're here they'd like to speak say your name and uh address please good evening Jason surl Grey Robinson 301 East Pine Street Orlando here this evening on behalf of the contract purchaser of the property and the project engineer who's the actual applicant Jeff summon is here with me um we concur with all the staff recommendations and the DRC findings we very much appreciate all the efforts and collaborate collaborative spirit that we've worked with staff through this process I was looking at my notes when we came in um one of our first preap meetings was in October of 2022 so it's been quite a process I think the on-site considerations mainly in the name of wetlands and Wildlife preservation together with the off-site considerations that were very well spelled out by uh her presentation I had actually pulled those plats and was prepared to use those as part of my presentation so I very much appreciate that you already had that uh piece of it covered um results in what you have here which is an exceptional product for the city and the future residents we'd be happy to answer any questions you may have I do anticipate some public comment I would ask for a few minutes to respond or rort at the end of it that would be greatly appreciated thank you after the citizens you will get a 5 minute rebuttle all right that case let's go ahead and open up the public comments the first one I have is the just don't want to forget in this presentation We There is a eagle nest it is a hunting Nest I see which will have the appropriate Li uh permitting and during construction and and I've made the applicants know we had a similar situation up at Lake aapka Preserve at Crown Point no matter how much construction went on the Eagles made a nest and had babies and they lost three lots so but we don't do recognize that we'll per they will license that through FWC during the construction process thank you all right we're going to open it up to the public comments uh I'm sorry if I say this wrong is it y it's pronounced all right Miss uh Miss y capio I'm sorry it's difficult I I say they're everybody's first first and last name typically okay so it's yita Rebecca CIO um address is 1932 Compass power um my main concern with this um construction of the road is the increased traffic um as a resident of Prairie Lake Reserve um I'm very much concerned um when we're getting off of work or even when we're leaving in the morning to go um out for work you know getting on and off of a CO Vista Parkway I'm just wondering you know there's a possibility or the potential for um accidents there's also a fire station that sits right there on that corner so I want to know how is the developer going to address address that that situation okay we'll let him rebuttal that when he comes back up okay and then the other concern that I do have is um ocps that's a bus stop area for the students as well so I'm wondering a lot of times when the kids get off of the bus or a lot of times they're waiting on that corner it may create an unsafe um situation for those um students that are there as well so that's something I would like to be addressed yes ma'am and then I'm also concerned a third concern is um both communities have um what is it we have playgrounds that sit directly on that road and I've seen you know accidents taking place on different um parts of Orlando you know a COI and I'm just wondering is that going to be a safe road where possibly I don't know if a car may you know kind of run into the fence or something like that I don't know I'm just being a concerned parent um I'm also concerned um with individuals driving down that road and for years we've been in that community and a lot of people have not known that we were back there and so we've in recent years have had people coming onto our property are we going to you know be a Target now where people are going to actually be on our property or just kind of roaming on because they know that we're present so concerns thank you very much all right next we have Julie [Music] Hall hi I'm Julie Hall I uh live at 2024 switch grass Circle in aoi I live in Prairie Lake Reserve town home Community um our biggest concern is especially what was brought up here we have concerns about the traffic because Clark Road is getting busier and busier um aoi Vista Parkway is an issue to where we quite honestly could use a traffic like there already with because it it is kind of unsafe but it's too close to ad0 Mims and Clark Road to even do something like that uh we have a lot of traffic comes over that Hill speeding down because they're racing to get down the road we have the kids at the at the corner there and this developer is wanting to put in 80 Lots 80 lots of you could be anywhere from another 100 to 160 cars that could be accessing that road trying to get out safely because there is you're going to have to wait for traffic going both ways to get out in the middle um we also had there's also issues with I don't even think that area is ready for uh sewer at this time um so I think that is something that's in consideration but our biggest thing is safety is the amount of cars um in Prairie Lake Reserve we have had to I am on the board I'm the vice president on the HOA board we've had to add we do have people coming on our property but they're coming to access their playground they're coming to access our pool so the other communities there don't have those things um and even with it gated you can still get in uh we have issues where we had to put new security on our gate with key fobs to try to keep people out because when you start getting that many people and and you don't have a clear access maybe even for the younger kids getting to the gym beach Center because there's not like a a a bike route where the communities to the East which is Forest Glenn or whatever that is to the to that side trying to kids to get access and have a bike path that they could get down there you've got that very uh busy intersection of Clark and AD Ms so there's a lot of traffic issues and a lot of safety issues I think I don't know if there was a traffic report done on that but I have to say that with your kids being down there at the in at the corner trying to catch the bus and the amount of of influx in cars and no other access to get out on ad Ms I mean that would be perfect an ad Mims entrance could alleviate a lot of traffic that people are even coming down to get even get in those communities but safety for our kids and safety and the amount of traffic can I ask you a quick question so I was around when we approved your neighborhood and I mean do you think the people in joio Shores asked these same questions you're asking when you moved in about safety and traffic and oh I'm sure they did I'm they did but they also have multiple access points where they're looking at making us have one access point onto a busy road that's getting busier because we seem to be diverting all new uh developments going down Clark Road all onto Clark Road you know it's it's I just think that um we need to have more than one access point if there's something if there's an accident something blocking a CO Vista how is the police the fire anybody going to get down that that road and I can guarantee you the short little distance that oo Vista is now the cars speed up and down there now and if they make that turn too quickly coming down from from 80 Mims and making a right-and turn going downhill it it is a hard turn if you're if you don't know what you're doing and you haven't done it before I'm surprised we haven't had more we have had a couple accidents out in the middle intersection where a couple people have died if I'm not mistaken but there have been accidents okay thank you very much all right next is uh David Brennan David Brennan 1508 ice and Lane is this over here work yes oh you're the one with the overhead oops I'm sorry Melanie I messed you up he this is part of the um staff submitt part of it says that 56.5% of it is open space much of it wet land only leave 16.5 Acres left if you're making it r1a that's four houses per acre that don't lost 66 units ROP was asking for 84 was he asking for medium density that's one question uh another concern is in your and development code you want lesson congestion in the streets provide prevent overcrowding of land this is this is the city's Land Development code this is You' already seen this one several times I don't know why they own part of the lake and the conservation area but I guess they do the Wetland area this houses that are going in this is the road coming in from the fire station alledge of the railroad tracks They know the TR comes through at 3:00 in the morning Tor met with Mr mik there Mr gur we had a meeting several of our residents I live in Forest stes which is to the east and north of the proposed site turn it better so get this way we had service issues what about schools fire traffic water sewer playground areas oops sorry can't hear me at all and he assured me that this is all by taking and look there the school board has done its job and issued its reports the traffic they've had two separate studies done and it's been reviewed by the city so that's taken care of and the city's already planned for its police fire sanitation and water so that one there you've already looked at most of it the developer use plans if I understand this to be correct this is not a site plan this is a development plan which means that the developer has to follow this plan exactly if he doesn't then it has to go back through the board again the whole thing all over again because we were concerned in our meeting not much was given out when they mail that little piece of paper to us telling us they were going to do that we didn't know if they were going to put in fivestory apartments we didn't know was that just an architect's design or an artist's design we weren't sure and one of the other major issues for us or me anyways is the um conservation that area has become home with all the building going on around especially to the north for all kinds of animals question you know about the the Eagles Nest it's been there I've been there 35 years it's been there at least that long yeah and you see him flying all over the place plus the other types of eagles too the Ospreys and other eagles I've seen a golden eagle there these are some of the other animals that have been seen on that site black bears goer tortoises flota Bobcats of course the alligator we've seen deer there plenty of raccoons all kinds of wild life and birds and I'm pretty sure I've seen a whooping crane out there that's one with the black at the bottom of its wings and the black tail which is an endangered species and many reptiles some of those the black bear now I know the city really doesn't do anything with Wildlife that's up to Florida FWC Florida Wildlife Commission but you need to consider that these are the animals that that live in that area and they're going to come in conflict with these with us in our neighborhood and these new people coming in and the black bear is it's a Florida black bear management plan which I'm sure Florida the FW see we'll get into the bald eagle is listed as imp peral and Mr Mike says there has to be some room around it for a larger area for a breeding nest and a smaller area for hunting nests goer tortoise is considered vulnerable and must be relocated and the alligator is still considered threatened although I feel more threatened than he does um and I guess that's really all I have there but one of my neighbors across the way that has a back right up against this property gave me a couple of these that he found in his backyard you can see what those are or not but those are arrowheads and he's found more of them besides these but these are just some that you brought today just for display this is his fence borders this property the Wetland portion of this property I just want to make everybody aware that this is a truly Natural Area back in there and even the lake itself there's no boats boats are not allowed to have gas Motors on that Lake it's electric motors only it's pristine Lake sir I'm so sorry we have a five minute time I gave you a couple minutes over that's okay I apologize you get my I've let you talk all night long but you get my point though yes there I really think you guys look to look at this medium density versus low density before you go much further though okay thank you very much all right I'm I don't have any more comments does anybody else have anything else from the public okay come on up Ben peeper 198 switch grass Circle my property is grab that mic in front of your face if you would thank you my property is right up where the turn's going to be so my concern is so the bus stop we've uh established is on Clark Road my concern is the children coming up from the bus stop they can either take that roadway which I assume there's going to be a decorative fence between the roadway and the train tracks otherwise I was a kid once I know how appealing a train track is so a little concering that kids might be on that track is there a fence now between your property and the train tracks there is yes okay um my other concern is if they want to get to their property quicker they could cut through ours and like like they said before we have um uh we have a pool uh both uh Prairie Meadows and Prairie Lake Reserve have playgrounds so um it's just a concern young kids walk through using something that isn't theirs I believe this place is going to have a pool right is it I don't a toot lot no okay so my concern is you know cutting through the property using our things um and all the same concerns that's a rough turn to turn on to uh to that street I've ended up in the the wrong lane many times coming too fast and I still sometimes do it if I'm not really careful so gotta all my concerns thank you very much did we have one more come on up make sure you fill the form out please and give it back to the clerk good evening Alex Nasser 12:26 Stone Water Circle yeah I'm across the street from the the P and actually I used to work for the city from from 20 2003 to 2006 three years uh I have three questions here the first question is uh uh the trees between the access road and the railroad are they going to be cleared or saved and then the second question is uh between the access road and the railroad is there going to be a fence or no offence and then uh well the last one for the developer actually uh you know the train there comes by sometimes 2 3 4 in the morning everybody sleep they uh the train operator he blows the horn wide loud mhm and nobody on the road everybody sleep and it goes continuous so I think the buyers by the railroad they have to know that I mean I think when they I think when they see the models they see there's a train track there right I mean yeah I mean we all sleep and it goes continuous like for half a minute wake up everybody I'm here so I mean we got used to it no anyways y okay that's it thanks thank you yes ma'am come on up ask question you you have to do it from up here and you have to fill out a form baby especially since you've been holding that baby all night you can ask many questions you want long as than 5 minute period not a that's all right my name is Aubrey peeper I live at 1980s switch grass Circle um same residence as my husband obviously um my questions were initially when you were showing the pictures you mentioned the existing Road like when you turn into the fire station and there's a road that's already running up against the back of some of our community's town homes were you saying that the new road would be of equidistant to our town homes that that road that's already there currently is to the back of the the existing town homes does my question make sense I'm sorry did you want me to answer go ahead um not that they're equal distance but that there is a separation between the backs of the lots and then it's attract and then the roadway right away so you're not saying it would be the same distance okay will there be sidewalk on either side so outside of our gate will there be sidewalk on either side of that road that leads back to their new community yes um city code requires that streets have sidewalks 60 not 60 ft wide six feet wide um and also Street trees along as part of the construction of the roadway I know that Clark Road is also having the expansion done at the further end do they plan on continuing to expand the road that's up where that bus stop leads off because the reason people are zipping over the hill is directly after or before the fire station you merge immediately so what's happening is everyone's zipping over that Hill merge will go away to merge so the merge will go away and it will be expanded is that going to be done when what a year comparatively Community Clark Road it's four lane which is almost it's under construction now it's under constru I know but I'm just saying it it's closer than it was two years ago right I'm holding on hope that hasn't the construction hasn't started on our area unless I'm blind correct it's getting there so So eventually so we're going so okay then here's the question so as that construction's happening is the community going to be there before or after the construction thanks for your questions all right um I believe I had one more in regards we're going to let we're going to let Mike come up and answer your question the Clark Road widening is presently happening they're pouring the there's a lift station that is on the west side of the road across from the fire station a new driveway is being poured there the merge will go away it'll be four lane it's under construction now this Pro this site has to go through full engine engineering review and then they have to do site development so the four laning will be done before this before this breaks ground all right um I believe that's all for now thank you thank you very much all right I'm I'm G to allow one more and then we we I I'm trying to let everybody speak right you guys are it's very important but at the same time I think we're rehashing the same information over and over again um my question is what's your name and your address my name is Cheryl King I'm with I'm at 2024 switch grass Circle thank you um and I'd like to see is there any chance that a Coe Vista could continue and the city maintain um operating the this road that y'all are going to run parallel with the um railroad track could a CO Vista maintain that just so we could have some some um consistency and make sure that it's maintained because it is going to be right outside of our neighborhood sure does it does it have to cut off there at the end or can aoi Vista continue on to where the where Gardino will start at the old um where there is that Crossway of the railroad track um isn't it all going to be that same yes so Vista is being extended to City okay cuz the way that I was explained is that the were circled and that road was going to be the entrance into the neighborhood that's not going to happen it's all so let me go back to that the yellow so that is going to stay a CO Vista yes all of this is a CO Vista okay in the yellow and as far as the sewer it's the staff report said that there's not sewer ready do we have any information is that something that the city is going to incur or is the developer going to do that the developer the developer constructs all of their infrastructure and the sear access point will be right here where the easement was planned years ago okay and so they're covering all that yes perfect thank you one more and that's it I promise [Music] you my wife wants me home for dinner sometime soon just state your name and address please hello my name is uh Rick Carlson I live on 1505 I Lane our property backs up to what I hope will be the conservation area and my only concern is that once this is all said and done MH that there is a proper survey of that Conservation Area that the developer can't cross with construction equipment because that whole area back there behind our home that 5 Acres that comes from prayer Rel Lake down to the lake yep there's at least three uh Springs on that property that feed that lake property yep and in in conservation let's conserve it if we can I think that's the plan okay great thank you thank you for your time could you fill this out yes yeah please fill that out all right that's it I'm closing the public hearing I appreciate everybody's comments we're going to let the developer come back up for rebuttal and I have some questions for the developer great so uh and then I'll let you have your rebuttal so some of the questions uh uh were trees are is the are the trees staying there at the at that track D are those trees staying there is that where the road's going itself right that's where the road's going so some of them would have to come down is there going to be a tree buffer between that road and the track the track two there but guys I'm sorry I need to ask you not to make any loud chitchat I can't hear myself think about 60 ft 50 ft at least yeah Mr chairman the the the road it will be a publicly owned and maintained ride of way yep and within that ride of way you will have water and sewer running adjacent to uh the Water may be under the p but so that right the the trees will come out for the road and there's about 60t and there's not much wiggle room for in in there all right so thank you are you'all going to put a fence up down the this is for the developer y'all going to put a fence up uh this is the resoning stage your preliminary stage of development right the next stage that comes as final engineering and sight plan engineering that's when the fencing is going to come up but you you plan on putting a fence up I mean where yeah uh around the development around where the road's going to go okay cuz we don't there's not going to be a fence in the public road of course not behind the their houses there right sorry Mike I didn't mean to these are these are all good questions and things that we've thoroughly vetted through the you know year plus process so yeah and it's definitely going to come back for the for the uh side development I just uh you you think they plan on putting a fence there behind those houses that's a question for you I'll be happy yeah just real quick Jeff Summit with Summit Engineering 3667 Simon to Place Lake Mary we fought with the site plan for as Jason said over over a year and a half and so in regards we do have a sidewalk back there we haven't talked about the Landscaping plan or the hardscaping to date obviously that comes with with PSP and yep we'll do that brain damage I can't say yes I can't say no but obviously you're going to see it again and you're going to be able to make that determination I think at the end of the day I can't say yes hard but I'll say it would probably make good sense yeah so just keep it in mind right it's what they've asked for yeah okay I ask a question here Mr chair one second let me get mine out first I don't forget uh so big question about the about the the wetlands right it looks like for sure you you guys have a buffer is 25 ft what's the buffer and this is to a notch what's the buffer behind uh four Stokes uh and that Wetland oh it's a good distance uh and it's sort of meanders yeah so I don't know definitively what that number is but I do know that it's there's a like right here U I'm sorry for oh yes I'm we're gonna go on line real quick just guess well it yes the subdivision to the to the West developed under our new Land Development code which was maintain the Wetland put a 25ft buffer you can see when you go to the the property appraiser you can see that 25t hard buffer this development will match if you look to the development to the east no those old subdivision yep the Lots go right to the lake they move right to the lake so you can see the transitioning of the newer codes to the old codes so this will match exactly with the subdivision to it and have that 25 foot hard buffer from the Wetland line which they will flag and protect as part of the site permit process yes and so that is that is I want to just kind of show this so that's this that tract three is the 25ft buffer and that track will continue on uh it's the idea is at some point possibly in that 25 a buffer for the city to put maybe a passive Trail we've done that along Arden Park yep you can see where we have Arden Park South they provided the track all the way around this parcel is still in unincorp corporated Orange County the other development came in in the city it provided that Upland buffer the city owns the rest of the parcel around the lake uh this subdivision that's coming in it is providing the 25-ft buffer on all developments post 2006 2002 really we get that hard Upland buffer so yes it is matching it thank you very much all right Joe yeah I'm G to just I just want to tail off of your question about the fences now you're talking about the fence on the um homeowner side correct or are you talking about the fence on the railroad side because my question is are you putting a are you putting a fence there um to cordon off the railroad from track from the road so that as to to someone's point there that it's an it's an easy draw for kids if there's no fence there to stop them that was what I was addressing previously in regards to the comment from the chair was yes that area between the railroad tracks and where we have cuz keep in mind if you look at our sight plan I know it's not up right now but we don't have units directly adjacent to the tracks well I'm thinking along that that road that as it's coming as as that road makes the the left I guess it's a left-hand turn there and then goes into your development that whole section there you're you're talking about running parallel to the railroad track and I'm looking not necessarily just inside the subdivision but if we're continuing that road is part of that continuation are you going to look at putting a the fence extend that fence that whole area short of the right hand turn coming back out of your subdivision well be cognizant of the fact that track D is public right away so it's not it's not physically our property so if I put a fence in there it now becomes your fence yeah so that that's going to be a discussion that the city's going to have to have cuz I'm I'm yeah that's not going to be a maintenance issue from a development perspective it's going to be it's going to be the city's responsibility so when we look at what city's code is for standard roadway sections we don't have fences on on City roads for a reason and so that's something that staff's going to have to work out I can't say that I can I can't tell you I can do it because it's not my property so I have to I have to listen to staff's recommendations in regard to that section yeah Joel I think the goal is to just get it into the conversation right and when it comes up to the next phase yeah that's really when it needs to be discussed yeah but okay anybody else all right thank you very much in that case I'm going to close the public hearing Mr chair yes um to the gentleman's question regarding density it's it's calculated based on the gross land area Okay so they have well over a 100 units available thank you and and chair if I may I'll open it back up for just thank you just to wrap up the last couple comments the second lady that spoke asked about um did we prepare a a traffic study in fact we did and it was reviewed by the city staff a report was prepared um we covered utilities connections we've covered all the other items that I had in my notes so I just want to make sure the record reflected that thank you very much all right we'll close it back up bring it back to the dice uh if anybody doesn't have any questions I will entertain a motion so Mr chair I move that we um recommend approval of the rezoning number R23 wait yes 23022 along with staff recommendation thank you do I have a second I second it all right so we have a uh a recommendation for approval by member Williams and a second by by member Crocker this is normally where I would ask if any additional questions and I have one more a notch if we didn't approve this tonight if we said no it goes to the commission let's say they say no what is the developer I mean what what are their rights would they if we said no to them they have 30 days to appeal to the city clerk um and then that goes up to the actual Court what would the consequences be if we said no um I'll answer some and then we'll let the City attorney answer some yeah so the the denial by the city commission had um there would be a set reason for the denial and the denial would be something like number of units density of which the tough part is it complies so when the gentleman showed that we we looked at schools and we looked at fire the the land use is not changing so the level of service of up to four dwelling units an acre was always is perceived in our comprehensive plan they're not increasing that so it's really a physical site plan issue and so what are you denying you got to you got to have a a reason and that's what the circuit would be sent to the Circuit Court if the applicant wanted to uh go to the next level this is quasi judicial this is the first level of the court case City commission is a second what we're making evidence so I'll let attorney Mike expand so what you have you're you're you're a recommending body you're not the final decision maker in this your recommendation becomes part of the record and then at the next level uh the city council then makes the decision which then if that decision uh isn't based on competent substantial evidence supporting the rezoning uh their decision either party be it the city or the applicant and your question was specifically whether if it was denied if the evidence doesn't support it uh a court could overturn that decision and send it back to the city council to rule in favor of uh what their DEC what the court views the decision should have been or have them reway the evidence but that would require an heal to the Circuit Court and it would take some time um but at this level uh you should evaluate the evidence you have before you you should make your uh recommendation based on that evidence and uh if that recommendation then will become part of the record at the next level great thank you all right so we can I make a comment sir not a clock yall uh no thank you though we have a uh we have a motion and we have a second since there's no other questions let's go ahead and vote don't become the vice chair folks all right so it did uh pass uh four to one member Keller do you want to make a comment I just I just don't think the safety of of this is there and I think that's important for the people that live there and the people that are going to come okay so that's thank you very much really I can make a comment no all right do you really want to make a comment yes I do okay you can make a comment um you know the way I vote the way I voted was 100% objectively um based on staff study has been done um I don't know what's going to happen on Croc Road there's there's a lot of traffic going through there and I'm looking at the Wetland I'm looking at we don't have it we don't have any other way for the traffic to go anywhere else and I honestly cannot um objectively deny this application but personally I don't like it but like um C planner said it meets all the criteria for for me to make that decision so I hope in the future there'll be some there'll be some really you know some Road relief um to keep all this traffic off crck road but for today okay thank you very my V reflects the recommendation based on it meet to everything that was great okay we're moving on thank you everybody we'll give uh hey we got more y'all should listen to what's left I mean this is part of your city we're going to give folks a minute to disperse are you going to cover something we'll just give them one minute we would ask if we have more business folks so if you're leaving please please exit stage left all right next up we have uh Number Eight Annual comprehensive plan text amendment to adopt five-year schedule of Capital Improvements and update Capital Improvement element cpa2 23003 zoning manager Whitfield thank you Mr chair so the issue is whether or not the Planning and Zoning commission um approve make a recommendation of approval of an amendment to the Capital Improvements element and to update the 5-year schedule of Capital Improvements within the comp plan in accordance with Florida Statutes and our city policy 1.5 um most of you have heard this before each local government in the State of Florida has to adopt a comprehensive plan and each comprehensive plan has to have a Capital Improvements element um the also known as the cie um that cie element is a chapter in the comp plan has to have a schedule of Capital Improvements um that covers at least a 5-year period that schedule also includes publicly and privately funded projects that will be necessary to ensure that the city's adopted level of service standards for roads sewer water um parks recreation and um I'm missing one uh Solid Waste are maintained um by statutes this is not an amendment to the comp plan it is rather just required to be adopted by ordinance um it is not subject to State review but we do send it to the state as a courtesy the proposed fiveyear schedule that is in the ordinance reflects those capital projects that were taken directly from the fiscal year 23 24 City budget um which was approved by the commission on September 9th of last year here following two public hearings um it's not inclusive of all the projects in the CIP just those that are specifically capacity related um and it would be updating just Table Six in the cie that's um called out in policy 1.6 so uh again we physically typed in all these um improvements from the CIP the the city budget to reflect just those um capacity improvements um starting with roads um going into utilities going into storm water and Parks and Recreation so with that um again this item doesn't go to the DRC because they don't hear on um compline amendments um staff is recommending that the planning zoning commission make a recommendation of approval of the cie El element update and the fiveyear schedule update in accordance with Florida Statutes and policy 1.5 okay all right any questions for staff great we'll open it up to the uh dice anybody anybody close the DI bring it back up anybody have any questions for staff all right I'll take a motion Please Mr chair I'll make a motion that uh we recommend approval of project number cpa-2 23-3 for the comprehensive uh plan Amendment thank you very much D second I'll second that all right we have a recommendation for approval by member Keller and a second by Vice chair forges if there's no other questions let's vote passes five to zero all right next up number nine ordinance ordinance implementing live local act zoning manager Whitfield yes sir is the live local act Senate bill you know the American language home come one right now who cares it could be either one yeah just let it be okay so um the issue is whether or not the planning zoning commission acting as the local planning agency should recommend approval for an ordinance to implement um the statutory requirements in C Bill 102 which was adopted uh approved um very recently the whole topic of this air this um update is relative to qualifying affordable housing projects as opposed to just affordable housing projects so as some background Senate Bill 102 was approved by the governor on March 29th it became effective into the laws of Florida on July 1 um with the goal of increasing affordable housing throughout the State of Florida like some of the other um Senate bills that we brought before the planning zoning commission this one has certain preemptions as well to both counties and cities so just a quick highlight the bill itself is like uh 100 something pages but the key takeaway from the bill that impacts us procedurally is with respect to how we treat our multif family and mixed use projects so what the bill requires is that we allow affordable multif family and mixed use of residential um at the highest density that the city allows um in our comprehensive plan which right now is 16 units per acre um without the need for a comp plan Amendment um for the caveat to that excuse me what makes them qualifying is that they have to allocate a minimum of 40% of those units as affordable um housing units I'm sorry and the the definition of of affordability is defined by Florida Statutes so for mixed use residential projects the minimum set aside is 65% of the square footage of the development that goes towards affordable housing units the next issue is that um these affordable housing projects can be located in any lands in the city that is currently zoned for commercial industrial or mixed uses so all of our C1 C2 c3s i1 i2s and any puds um next is that they um can have the highest building height of any building within one mile of that project site so if there is a project site that's coming in let's say it's 5 acres and within one mile and that's measured as the public travel route not as the crow flies let's say if it happens to be next to the hotel which is six stories um that that housing project could have that that height um or if it's next to something that's no no taller than 35 feet in height then it couldn't be any taller than that or whatever the zoning would normally allow which for commercial will be 45 ft um the next issue is that regardless of whether or not it is a small scale project you know for us it's um I believe it's 12 units um so whether it's 10 units or 200 units it does not have to go through any public hearing process the statute preempts us from following our procedure to take that through a public hearing so those projects moving forward will not be coming to this body or to the city commission um it also um requires cities and counties to consider parking reductions if that site is within a half mile radius I'm sorry a half mile um of a major Transit stop or is otherwise accessible by transit so um it didn't specic specify what the parking reduction is it just it just says that the city must consider parking reductions so so um based on on all of that um we planning and development services worked with the city attorney to develop the proposed ordinance and what is being presented to to you all tonight is the creation of a new section 5-15 um creating subsection d uh you'll recall that I think the last one was tourist homes that was subsection c um the ordinance includes some definitions um some of those a lot of those definitions pull from the statutes clarifying specifically those zoning districts that are spelled out um the parking and the density and the height uhu including those in the definitions and how we as staff would look at those clarifying that um if any project comes in that isn't falling under these preemptions they will still have to meet our other regulations um and then creating an administrative approval process basically we currently have a section 4-3 which outlines how we take a large scale site plan through the process so pre-application DRC um PCC hearing City commission hearing and all that what this what we're saying is that these multi these qualifying affordable housing projects would have to follow 43 in terms of their submittal requirements um but they just would not have to go through the public hearing aspect of it so the ordinance lays out all the things that they would need to submit as documentation in their submission um a time period for the sufficiency review uh allocating 10 days for staff to look at the application and determine whether or not it has everything that we need to do our review if there's anything that's missing then we give them a uh we issue what's called an REI request for additional information and they have time to respond so it goes through one or two rounds of sufficiency and then we would have to deem the application complete or not complete um the statute also has some time periods for when the application has gone through site plan review and approval and goes into the building permitting stage where there's some timeline timelines in there as well that we will be um talking to the building team about um but but that lives outside of the LDC uh the ordinance also sets some requirements for um these projects to record date restrictions um and lean and annual certifications the statute does require that this is implemented through a 30-year time period so projects have to come in meet the criteria for the preemptions um get the approvals and then it will be on the city to monitor these projects on an annual basis for a period of 30 years um and it has to stay 40% for single f for residential 65% for multif family throughout the lifetime of that project for 30 years um it also provides for the equivalent treatment of all of these affordable housing units so as an example if there if there is a 200 uh unit site or project and 40% of those units are two bedrooms then um the regular units are two bedrooms the a certain amount of the affordable housing units also have to be two bedrooms um entrance ways have to be the same um access to amenities and resources and and all that the architecture design of the affordable housing units it has to be indistinguishable from the regular market rate units um the proposed ordinance also sets some parameters of how we would do that do the enforcement aspect through code enforcement um it's interesting and and and I need to we'll probably discuss this later but the the provision expires in I think 2033 which is funny because if you comes in in 2030 then we still have to maintain it for 30 more years after the sunset of this legislation um I went into this already uh violations it's in the ordinance as 250 per day per unit per violation um I spoke to the size of the units the number of bedrooms the exterior of the units um common areas and and driveways and all that so um um I I contemplated writing this this recommendation because we have to do it by State statutes so the issue before the commission is whether or not to make a recommendation of approval of the proposed ordinance to um create the new section 5-15 D in order to implement the requirements of Cate Bill 102 the lip local act and we can discuss anybody have any questions for staff I do but it's not related to us so I'll call I'll ask afterwards okay great all right we'll open it up to the public close the public I guess I would just say you know there's there's other cities right that are coming up with ordinances to to look at this measure well yeah this is one of the benefits of having a um City attorney that represents other cities so they were already looking at this they brought this to our attention as they were doing that a not was memorizing it miraculously while still doing variances and subdivisions and uh and so yes so it was it was letting them know that hey we understand the ACT but where we have the ability to have some controller teeth we're going to try to show that so it's it's not one mile as a crow flies it's one mile as a person would transect um and stuff like that so yeah I mean because to me you know we we just looked at a six story building and within a mile of there is a lot that would be big enough to hold a six story uh low income housing or affordable housing project we we couldn't do anything about they if it me the requirements it's not we don't want to do anything about it it's the ability to have it appropriately located so be because we don't get the opportunity to say uh this road is maybe would need a turn lane it kind of takes some of that review we we it it has to go through site plan review but it does take away some of those um aspects that we normally get the citizen input have you thought about this have you thought about that so um one thing for that's kind of a benefit the hotel sites um they're not within the half mile of a major Transit stop which for us would be the mall well that was giv me my next question is what is a major trans traffic stop are we considering a Link's bus stop it's not defined we've had this discussion so right now we're saying the mall transfer site because it's two lines would Pro would uh probably meet the criteria and so for parking reduction which it doesn't State what that parking reduction is there's a four story building on the other side of the mall right I think implementation wise as of right now our maximum density of 16 dwelling units an acre is not enough as soon as this law passed all of the affordable housing guys started calling sniffing around can you do better than 16 not right now right now uh a notch is uh another task while she's learning the statute she's uh sphere heading our comprehensive Plan update and in that we are going to look to up raise our uh high density from 16 to something probably 20 20 22 24 and but you guys will have an opportunity to discuss that so so that's still really not they want 30 40 units an acre with that other jurisdictions will give them so yeah great thank you so I'm I'm going to ask my question you might as well okay um valuation I I know that's outside of our scope but how will the property be valued will it be valued under its will the zoning have to be changed that's the stat under existing commercial and existing industrial they can go straight to site plan no resoning so it'll be I don't know so how does the property appraiser value it that's they're B that's yeah yeah okay that's what I was like well what do you well they they typically we get this a lot from residents they don't they'll look at a piece of land and it says oh it is residential and it's a commercial piece well that they value it off the use you'll see that code a lot okay they have different codes so physically how it's being used not by zoning we've had lots of inst instances where people are calling in appraisers will call to ask what um is the zoning of this property so they can sort of gauge what to Value it as but I've seen plenty of instances where the property appraisers valuation is based on what they see when their appraisers go out um of the use so I have had to deal with um explain to property buyers that what the use code is on the appraisers website sometimes it says retail but the house was never converted to retail what they bought was a single family home that's essentially non-conforming so they they essentially bought a problem um but their valuation is based on when their appraisers go out and see how the lands were actually operating so there there could be a situation where you've got an affordable housing development but it's being zoned I mean being being valued at commercial depending on what stage of development they're in well multif family is commercial um it's a it's it's a commercial product keep forgetting it's commercially the building codes that meets commercial codes yeah the permitting process for review is also commercial the fire requirements are also commercial yeah I keep forgetting that that's different yes four units or more all right anybody else um these ordinances I can talk now um I mean have you compared them you said the attorney to other cities I they seems like we should add more but at the same time we can't really act as a will we not adapting to the state laws it's it's still a new statute it's still people are um uh jurisdictions are trying to figure out what to do okay this is one that has been passed and it's and it's it makes sense it it also directs staff in in Commission in the future they know the process there's no guessing we we don't want to wait um on this one because we may get something in one that I did waigh on years ago was the um medical marijuana facilities the state put out a model ordinance the Planning Association put out a model ordinance all these people passed the model ordinance and that is was based off of uh per capita uh citizenry on how many units you could allow and we waited and waited and then they changed a rule to say okay you can no longer put rules if you're going to allow them you have to treat them like pharmacies or you don't allow them and we said okay you're not going to give us any ability we're not going to allow them and so I didn't adopt that initial model ordinance but this one is not a model ordinance it it points to those gray areas and says well you're going to comply with this okay so unless this legislature changes something um where it allows us the ability to have some Architectural Review or or something um this this does a good job of explaining things a little bit more and if you had to modify what would it take the state statute moving the yeah there's there's nothing in this ordinance which is against the statute it kind of fills in those gray areas right okay all right well I need a motion please I did but I can do it again anybody else want to talk no okay we're going to close it back up I'll make a Mr chair I'll make a motion that we approve the uh live local act thank you very much I have a recommendation do I have a second yes I'll second it all right we have a recommendation for approval by member Keller and a second by member Williams let's vote passes 5 to zero all right Mike what do you got going on the city anything good again I'd just like to commend anach had 10 items tonight absolutely somehow she got assigned all of them you saw it ran the gamut from an annexation a rezoning a subdivision a commercial a comp plan Amendment VAR variance it she it it was a lot of hard work while spearheading again this comprehensive plan which we look forward to Bringing to you all setting uh Workshop date here in the near future um so yes the na you're amazing so don't ever leave us hot button items North Lakewood is physically ready we are just the deals in the paperwork we just the finance you know direct Finance guy found one you know form that we didn't fill out and credit's not going through so it will one p it'll be open they've removed on Friday they're moving they said they're going to remove the maintenance of traffic which still puts keeps liability on them until we officially accept it we'll see if that comes through we are trying but is ready it's really get a document and it's accepted and it's opened great what else anything Center what's that what's that City Center the city center we have actual building plans in the building department submitted for review of the parking garages and of the retail and apartments condos structures wrapping around it one one other where are we at the bell tower since uh since that sort of came up in a a little bit with the coio property I'll tell you we've done everything we've we've approved the small scale site plan we approved the building permit we approved the temporary use for a cell on Wheels two cell on Wheels so they can put them on trailers did they put them out there okay they might have cell tower on wheels on a in the back but they've modified the plan since we've approved it and it's they've moved things like a couple of feet inside the fence area so it's it's all on we're waiting on it but they have done some temporary measures cows sell on Wheel all right all right anybody else do you know if the aoi village has uh if they've got a a tenant yet for the the grocery parcel there's no no until they to to sign a lease they've got to guarantee a an operation date of no more than 18 months away and they're not even yep there thank you yes there was a video going around on Facebook that said there was a tenant I was like I don't think so the what we saw on the news is that it's part of it's under uh foreclosure and we'll see what happens but we are monitoring that cool all right well if nobody has anything else motion to adjourn huh oh sorry there's announcements we did a new slide let's have announcements uh comp plan 45 so I told you the not is working on that we're going to be bringing that to you in a workshop we're going to go over data analysis which will show you the population we're projecting by 2045 showing uh how the housing is done how how we've built out how level of services uh then also just to make matters even worse we're doing a full Land Development code rewrite we've hired a consultant for that we're kicking that off internally tomorrow and so we'll be doing uh leavon can tell you commissioner Williams that it is a big undertaking and we're down to staff and we just loving every minute of it um now here's a cool thing the city of aoi is as providing the Lakes Shore Center for the uh American the Florida chapter of the American Planning Association they do a planning official training meant for pnz members people on boards and so we get 10 free spots it is April 19th in the Lake Shore Center you can go for free you just have to take that Friday off from work and you can have plan you can go through and have uh official training and maybe a certificate or something would rides what's that food provided I'm sure there is yeah because there's a cost they usually yeah and so so this is the second time we've we've used this lak Shore Center for a planning 101 from this chapter we had 60 planners from Central Florida they love the location once they get to aoi they're like this is close to everything they realize all roads lead to aoi that's why that's why we made it on Miranda sent me the Yahoo list in the top 10 growth cities in the state of Florida we made number four awesome you guys are doing a good job awesome all right is that all the announcements question how do you do a comprehensive plan if you don't even with with this live local live act when you com the plan is a 20year vision right you don't know how many residents you're going to have I mean take that up with the legislature yeah Daniel Webster yeah that's the US never mind State Legislature so for that training is there going to be a registration how does that work yes we will get that to you once they just did the save the date they'll be offering it and we'll send that all that information to you thank have a good night