WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=N2P11cV6H8Q

NOTE
MEETING SECTIONS:

Part 1 (Video ID: N2P11cV6H8Q):
- 00:00:00: Initial Chatter & Weekend Recaps Among the Group
- 00:12:18: Local Planning Agency Meeting Call To Order
- 00:12:53: Public Comment: No Speakers, Public Comment Closed
- 00:13:08: Deviation Request Discussion: Cemetery Fence Setback
- 00:13:27: Public Hearing: Rhett Wilson explains the deviation request
- 00:14:17: Staff report presented to the local planning agency
- 00:20:24: Board discussion and vote on the deviation request
- 00:21:36: Public Hearing: Land Development Code Update Discussion


Part: 1

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Hopefully they'll show up tonight. >> Are they here? >> No. No. I said I wonder they were here last week. >> That's the deviation. Yeah, >> I know the deviation was actually from the church. It was some engineering firm or something like that.

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>> Yeah, it had a different name. >> Yeah, I noticed that, too. >> Yeah. Maybe that's the company that's going to install it, >> right? >> Central Florida Equity Building. >> That's it. >> Hey, Sam. >> Sam.

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>> Hey. >> How you doing? >> How are you? >> What's that? >> Yeah. I didn't get clearly this picture. >> We were doing like one of these

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like a few months ago and like my wife just been like dry and stuff like in the back. So >> no, >> we found some other fine picked up the washer and uh just kind of just ignored it.

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And then like we got a lot. >> Yeah, it was eventful. >> The mics are live. >> Huh? >> Mics are live. I couldn't get this to be clear. >> I figured that's what it said.

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How early? >> Yeah. like >> everybody >> what is it >> and trying situation. >> Well, he definitely

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>> getting very effective. understand. >> Right. >> Absolutely. >> Yeah. >> Not really. See, they said >> I tend to like the label. >> My parents are my in-laws came in

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yesterday hamburger. That was about traveling the week before we didn't really do much. >> I did yard work over the weekend. >> I did. I didn't do a lot. >> I did some yard work. >> Sunday I donated my account.

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kind of >> donated blood and then my wife took me out to lunch the rest of the afternoon. >> Donated a lot on Sunday. Was that like maybe church? >> No, they were actually at the Lowe's parking lot. >> Sometimes I see churches have pass out there.

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>> Yeah, they had the van outside. >> Okay. >> We had gone to the gym together at the gym and we were open to >> the van was there. I was like, >> "Okay, so it wasn't a plan thing, >> right?" No, it just felt like it was the right type of weekend to donate blood

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and everything. So, >> donated some blood, >> had some lunch, laid low the rest of Sunday >> at the yard yesterday morning, >> grilled some hamburgers, and that was about as much excitement as I feel.

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>> I am a huge >> well beyond the age of going out or trying to go to the beach or Leave the >> amateur hour to the >> Thank you.

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And then you do anything over the weekend. >> It's just too much crazy people. We used to >> gotten to the age where I'll leave that stuff to the younger people. >> Nothing bad's going to happen in the backyard and tank tops and flipflops. >> But then they decided

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>> had some family over grill some hampers and it's just too crazy. Even Fourth of July is even more >> Fourth of July, St. Patrick's Day. >> No thanks. >> Yeah.

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Not their current answer. >> They didn't want to do it. >> It might be a scam. I don't know. >> Interesting. We would take him for a walk and he could care less. He was in the house. Whatever the 95

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>> I think the bigger they are. >> We got our money. >> We've had big dogs all the way. >> Say, "Hey, would you have enjoyed the chess game?" >> Yeah. If you have a big thank you

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situ boxer pit my dad >> bark rattle >> we traveled chicken the one we had previous I want my watching it

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like if he tried me that big chest like >> did not I mean and >> did you huge fun >> he's huge up there

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>> okay yeah I do remember that >> I mean we've been together lucky >> I mean there's still I usually >> it's probably somehow I don't know coming home from shopping with them. She's like want to

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get up there. >> They come home. They're lovely. Oh, hi Daddy. >> I think snapping at the big ones. >> Yeah. I'm like, "Okay, there's trying to show something or smaller

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dog." >> But I mean, normally that doesn't go out and and fortunately or >> Yeah. So, she was a lot older. >> I don't have any complaints. >> She doesn't do good with men.

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>> No kidding. >> Yeah. You love to be >> most of our dogs too. >> Well, your personality is all >> my wife is that way sometimes too.

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>> She has a vision of what it all is. >> You do it goes to hell. which I get, >> but I get three. >> It's rare.

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>> I mean, real rare. >> Is it typically over the summer? Is it kind of >> I would say over the whole year we meet once or that technology twice. >> Yeah. Would you do a compl we were meeting all the but normally is he

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introverted or extroverted >> he could be shy actually because the way the new >> guidelines were used to do a lot just taking more go up we've gotten less and then

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there used to be 20%vation But that 5% a week, two weeks. So that group is not >> I would say like >> in a normal year that we're supposed to be twice >> Yeah.

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>> I'm getting ready to start the LPA meeting. >> Fortunate also good money. My daughter wants to hang out. >> The boss at all? Oh yeah, >> these new hearing aids that I have. You just have to >> my wife said the perfect age usually

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like most of her students if they're siblings too much three years apart other issues >> in a lot of context not >> I mean maybe the fact that they're a boy

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and a always helps to call son's friends. >> Good evening. Welcome to the regular session of the local planning agency for May 26. And will you please have a roll call? >> Yes. Present tonight we have Daryl

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Lopez, Katherine Hunt, Ryan Hulcom, David De, James Griby, Bruce Kavanagh, Dr. Arian Bryant confirmed but not here. >> Okay. Thank you. Uh if we can all please silence our cell phones so that we can conduct business in a proper manner.

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Next item is approval of our of our May 19th meeting. Is there a motion or discussion? >> I'll make a motion to approve the minutes from May 19th. >> Second. All right. James, >> we have a second. James, >> thank you. >> Is there any discussion on the minutes?

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Seeing none, I'll call the vote. All those in favor say I. >> All oppose say nay. The motion carries. Next item is public comment. Anyone wishing to speak to the board on an item that is not on the agenda. Seeing none, I will close the public

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comment. Next item we have is public meeting item. We have one request for a request for deviation request for project 25-00212-dev. Is the applicant here? Would you come up and set state your name and address for the record, please?

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Uh, my name is Rhett Wilson at 2582 Connection Point, Novito, Florida. >> Okay. You want to give us a little rundown on what's >> Yeah. So, I'm a a member of the Methodist church that owns the cemetery. Also, the uh company that's applying to help them with the permit for it. Um,

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the the main issue here is the CMU columns not having the setback requirements for that, asking to move those forward all the way because they're going to impede on grave sites if if we don't get that twoft variance. Okay, >> that's the gist of it. >> Okay.

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>> All right. If we have any questions, we'll call you back up. We ready for staff? >> Yep. Cool. Thanks, Mr. Chair. Okay. So, this is a request for the local planning agency to approve the following. It's a twoft deviation to the minimum twoft required fence uh rightway setback

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representing a 100% deviation to fence rightaway setback requirements to permit the proposed fence to be developed on the west property lot line. Uh the applicant for the project is uh Edward Petro III with Central Florida Equity

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Builders. Uh Rhett uh who just spoke with y'all is here representing the company tonight. Um, so, uh, LDC section 24D1E states that the LPA shall review and act upon building permit applications, including amendments that require a deviation

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greater than 20% of a minimum LDC requirement. This requested uh, rightway setback deviation represents a 100% deviation to the standards outlined in LDC section 5.1D1C, uh, which is the height and setback requirements for fences and walls. As

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such, uh, the LPA shall have the final approval authority. The subject property, uh, it's the Ovito Cemetery. It's located along the east side of Oland Avenue between Broadway Street and Clark Street. Uh, the property's, uh, future land use designation is public,

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and the zoning district is public lands and institutions. The uh, 4ft tall aluminum fence is proposed to be developed the length of the property along Owen Avenue. Uh fences 4 feet tall or less are required to meet a two-foot

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minimum setback from the rightway. The proposed rightaway setback deviation will permit the applicant to develop the fence on directly on the west property line. The applicant submitted an application for the requested deviation and has provided a written narrative per the criteria for approval as required

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LDC section 2.7C. Staff has reviewed the deviation application per LDC section 2.7 and summarize the findings below. Number one, existence of special conditions. Uh there's a a significant number of existing graves are located at

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various points within inches of or in at least one case almost completely above the west property line. In addition to the existing graves, there are a number of old growth canopy trees which are also situated very close

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to the west property line. Uh and then during the Ovito High School football season, I'm sure some of you are familiar or aware uh the Ovito Cemeterian formerly functions as a basically a spillover parking area for football game attendees. Uh and while

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the Ovito Cemetery has made it abundantly clear to staff, they don't mind uh folks uh sort of informally parking at their site, um there have been instances where vehicles have, you know, been parked on top of existing graves and they're they're not uh they

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don't want to entertain that. Uh number two is compatibility. The proposed fence will be made of aluminum and be uh 4t tall, which will resemble many fences in the area. and you'll see the graphic. It's an example

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uh of the sort of material and style that they would like to install. Three is proper use of mitigative techniques. Uh the applicant is proposing to plant a large uh canopy tree from the Florida friendly list in an area of the cemetery that uh could

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use some canopy reinforcement to further beautify and shade the site. uh for protection of environmentally sensitive areas. Uh this this deviation uh is necessary to conserve and protect several large old growth canopy trees um

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that would otherwise have to be removed to make room for the fence. Uh five, only the minimum deviation granted. Uh given that there are portions along the west property line where literally there is almost no room to set back from the rightway, a 100% deviation is the

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minimum request that the applicant uh must ask for to avoid disturbing existing graves and uh some of the old growth canopy trees. Six is open space and other facilities. The proposed deviation will not provide more usable and suitable located open

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space, but the applicants uh meet their lot open space requirement. uh seven existing non-conforming uses of other property not on basis for approval. No non-conforming situations on neighboring properties or districts were considered during the review of the proposed deviation. Uh aid is other information

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and that's that's going to be the written narrative they provided. Uh staff's recommendation is approval of this deviation development order which grants the following deviation along with one condition of approval. a two-foot deviation to the minimum two-foot required fence rightaway

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setback representing a 100% deviation to fence rightaway setback requirements to permit the proposed fence to be developed on the westside property lot line uh with one condition of approval that the applicant shall plant a large uh lot from the Florida friendly list to reinforce the canopy and further

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beautify and shade the site. Um the LPA has the following options to approve the deviation as submitted. Approve the deviation as submitted with conditions. Approve a lesser deviation. approve a lesser deviation with conditions or deny the deviation. And that concludes that presentation. >> Thank you. Anybody on the board have any

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questions? >> No. Um, so yeah, I did looking at the map here. So it looks or the diagram. So even with this, it looks like it's still, am I reading it right? It's 17 feet from actually the edge of the pavement. >> Correct.

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>> You can come up. >> Oh, yeah. Yeah. Yeah, >> want to speak to that. >> The we still have almost I don't know if it was quite 17t from pavement, but it is a significant distance that the fence will be set back. >> Yeah. Okay.

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>> The it you're right, the rightway in includes a grass area. So, currently there's a even if the fence was built to the line, there would be a according to the plans roughly 17 ft. So what they told us during meetings is look cars are cars will still actually be able to fit

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on this grass area. We just don't want them inching up. >> Yeah. No, I get that. Right. >> I get that. And I mean I know where this area is. There's actually some big trees that are probably going to be outside the fence. I assume that. Right. >> There most of the trees none of the trees actually will be affected and a few will still be outside of the fence.

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I I believe maybe two or three. Not much. >> Okay. Anybody else? Seeing no one other questions, what is the pleasure of board? >> I'd like to approve uh for council the

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deviation request for Ovito project number 25-0012-dev parcel ID number 1621313001 1 0 0000 O veto cemetery fence. Is there a second? I'll second that. >> All right.

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Any discussion between us before we take a vote? >> It seems like a good plan. >> It does. >> David, do you have anything you want to add? >> No. Okay. Anybody else? Seeing none, I'll

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call a vote. All those in favor say I. >> I. All those post say nay. Motion carries. Good luck. Okay. Next item is uh public hearing ordinance number 1767

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land development code update. M beer you're up right. >> Yes. >> Thank you Mr. Chair. This is a request for the local planning agency to recommend adoption of ordinance number 1767 and it's an amendment to the city's land

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development code. Both Florida statutes as um 1633174 as well as the land development code requires the local planning agency to make a recommendation to the city council. So you all are a recommending body tonight. Mhm.

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>> The proposed amendment um clarifies when a special exception special event permit is um required. It exempts not only places of worship from special event permitting, but also organizations with events located on

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properties owned by places of worship. This change also allows special events to occur once per month instead of once per year. It also reduces the time frame of the special event from 14 days to 3

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days and provides for consistency um with the definition of a special event that's located in the land development code. So that's basically a summary of what these amendments do. The actual um language is provided in your staff

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report as well as provided in the actual ordinance and is shown with strike through and underline. So we have um advertised this in accordance with the statutes and um it is recommended that the local planning

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agency recommend adoption of ordinance number 16 1767. This ordinance is going before city council on June 15th as well as on July 6 for the actual public hearing. This concludes staff's presentation and I'm

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available for questions. >> Thank you. >> Any questions? >> Yeah. So So what actually brought this about? I mean obviously this is in the the current plan. So what what prompted us coming up with this change? >> So we've had um a work session with city

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council on this. We've had um in recent months um years actually we've had situations where people want to conduct more than one special event. Um and so what's been happening is they will

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change the name of the event so that it's not the same event. Um so we have the reoccurring events with the name changes. Um, we also have situations where um there's been if it's if the event is

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on a church property, does it need to be organized by the church? Because we exempt churches, we exempt schools. Um, so we tried to make it a little bit more flexible um so that people can have more than one special event without having to

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change the name. So, we limited the days to no more than three days as opposed to 14 days um in a calendar year. So, you can have it three days once per month now because that's what's been happening. So, we've been trying to get around them changing the names so that

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it's a different event. Um and we've had this discussion with city council. City council is also on board with it. We had some people from the mall who came during the work session that we had u with city council and they were requesting uh were all in favor of the

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change as well. Um typically if you have a special event on your property and it's less than 200 people um you're exempt and as long as you don't need city services you're exempt. You don't need a special event um application. But the mall we discussed the mall at that

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work session. the mall is such a huge property. Um they still have to comply with the same um regulations. Um but we've been seeing a lot of activities on the mall where they've been changing the name and that's typically where it

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happens. It happens on the mall property. So we wanted to just make sure that no one has to kind of skirt around the code. We just wanted to institute it, implement it into the code. So does the um so we're shortening it

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from 14 days to three. So if someone had an event that would be five days, they need a permit then or they need a special exempt. >> They would still need a special special event permit. Yes. >> Okay. And what about >> and even with three days they need a special event permit?

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>> I thought we said house Okay. Houses of worship don't though according to this, right? >> House of worship, they're exempt. >> They're exempt. >> Yes. So it doesn't have to be organized by the place of worship. As long as it's on that property, we're exempting them in this regulation. >> What if they anticipate more than the

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You had 200 people. What if we anticipate more than 200 people? >> Then it's going to be a special even for even for a church. >> Yes. Because we want to make sure there's enough parking. We want to make sure because there's going to be an impact on the road.

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>> So if it's inside, if it's inside of the house of worship, we're not going to care. But if it's on the outside is where we look at it. >> Okay. So outside they still need some sort of permit if they're anticipating more than 200. That's the part as I read it I was kind of confused. I didn't I

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saw the 200 I saw the houses of worship but I didn't see where house of worship with more than 200 was but still going to need a permit. >> So it's like the church has a festival outside. Exactly. They need a permit. >> Is that correct?

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>> So I'm looking at exempt So the city what the city uh good evening. >> So I'm sorry let me just if you look at that that section again you'll see it says events organized at at properties owned by places of worship in public and

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private elementary schools provided all of the following conditions are met. >> Which one are you where you read >> and that's under two under on your staff >> exempt activities. >> Yeah. So you'll see what's not exempt. You have to meet all of these criteria. So the activity is contained wholly

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within the limits of the property owned by the place of worship. The activity is organized by the place of worship or school. And the activity does not require city services for its implementation as determined by the land use administrator designate. So as long

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as it does not require um any city services. So the moment you have more than 200 people, our police department will probably get involved. And at that point you're requiring it's you're going to need city services. >> When does it when does the police department have to get involved for

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traffic and all that kind of stuff? >> So they have their own criteria. Whenever they tell us that police is needed, >> then it kicks it into a special event. >> But we leave it up to them to >> We do. We leave it up to the police department. >> No, I mean you leave it up to the person

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organizing the event >> to contact us. Yeah. >> Yes. We we um we sometimes find out through social media and then sometimes we'll find out because the applicant themselves will coordinate with the city. Yeah. And I guess that's the kind

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of thing that I'm more concerned about is an event happening. It fits these definitions here, but all of a sudden there's a thousand people there and nobody knew about it. >> Could that happen? >> Sure. >> It could happen. >> Sure. >> Well, usually So we we control impact,

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right? That's what we are. the code is is planned to um check impact on the city. That's impact. That's what we want. >> So if there's a thousand people, most probably police will know because they will, you know, the organizer will ask and and we talking about churches and

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schools. So it's, you know, >> we would count on them to do the right thing. Um if they have a big space and they can accommodate in their own, you know, area, that is fine. We wanted to because schools have a lot of gathering

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in their area, right? So we don't we did not want to say to limit the number of people. It's really the impact if it the impact spill over the property, right? That you need to have you know either um um police or fire you know present then

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that is when it would require a special event. >> Yeah. Anybody else? >> What's the um talk to me real quick about what I'm reading here. What's the exemption for the um monthly or

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bimonthly whatever it is now? Um farmers market. Is that is that a city-run event? Is that exempted? What am I reading on that? >> That's right. It's on school property. >> Yeah, because it's on school property, too, right? >> Well, I don't know. It's lot property. >> I don't think that's school property. I

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think it's Lton House. I don't know. >> I mean, they use the school parking lot. >> Parking school parking lot. >> Yeah. >> Yeah. >> So, um the farmers market um is usually once a month, right? >> Once or twice, I don't know. Twice a month. >> Yeah. Or or twice a month in in some in

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some places. Here it's once a month, you know. So far has been, you know, once a month, right? >> It's once a month, but he also has other events for the month. >> I know. But farmers market, right? once a month. So um um the farmers market had

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a different situation because it's in city's property >> in the lotton house. The city owns the the lotton house. But what we um so before there was an exemption that they did not need to have the limitation of one special event per year. Now we are

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granting that to other um special events as well. So we had the and it was the goblin market at the mall um that they have every month. So they are not a farmers market but they have the same function they do that every month and

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what they you know um they were doing and city was staff was accepting in a way was that they were changing the names every month. So we brought to council to discuss if there was willingness to change the code to flex it for you know the mall is also a huge

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property they can accommodate events every month. Um uh and that's why we changed the the the time frame here that you could instead of having one event special event issued per year then it you can have one per month and then we

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limit the the the days because we haven't had events that would take 14 days you know great day all the events that we have it's usually one day two days not you know >> I think the only thing I can think of maybe is the mall carnival comes a

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couple that's more 3 days, but there's an exemption in here to extend past 3 days. Is that correct? The language. >> Is there ability to request more than 3 days? >> Yes, you can request more than >> I mean the the big events I think that are reoccurring would be more than three

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days or when the Veto Mall has a carnival, something that's set up for more than 3 days, but >> it provides for an exemption. >> Yeah, I would think that'd be a special event. they can they can request an exemption. But going back to farmers market, farmers market today is considered an

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outdoor sales event. Um so we struck through that language to con so that we can consider it a special event so that they can have the you know once a month for 3 days. Our outdoor sales event has that no more than two non-reoccur

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reoccurring um event per year. So, we removed the um farmers market and put it under special events so they can have it once a month. So, we made that more flexible as well. >> Right. Ryan does bring up a good point

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though because >> the carnival was once a year and it was more than three days, >> but it's here. There is language saying that the three consecutive days duration may be extended upon written request. So they just have to get a variance or

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>> No, they send a request to the land use administrator >> requesting an ext an extension. >> Okay. >> And everybody was on board with this >> that yes, >> this was created to help the situation. >> Yes.

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>> Okay. >> So I'm still kind of confused on one thing as I'm reading the the part where they need the permit. It's just not li including but not limited to street races. I didn't know we had street races. I didn't think street racing was a legal thing. But >> language

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>> unless that's not you're talking like 5K races. >> Whatever happens in street races, >> we're talking 5K, right? Okay. But here's the thing that I'm I'm still confused about. So in >> street races or the mayor >> 5ks. Yeah. That's not where my mind went when I

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read street races. But anyway, so under where you need to permit, it says activities held on non city property with more than 200 attendees. But then under exempt activities, it talks about events located within a city park or facility that don't require street closure. Okay. So

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are we assuming that means it's a cityrun event or could it just be somebody that is having a large event in a city park like Riverside Park? >> So you have a lot of confused about that. >> You have weddings that take place at city parks. You have the Babe Ruth um

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sporting that's generates tons of people. Um >> so where does the 200 come in? The 200. >> So the 200 has nothing to do with city parks. The 200 we have exempt city parks. The parks and recreation department has their own process. You have to have insurance. There's an

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application you have to fill out. There's so many things you have to do um that is similar to our process for special events but it's for parts. So we have exempt them because otherwise anyone who would come have a wedding um there's so many sporting events that

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take place there. Okay. Um we we wanted to exempt them. >> So those people are coming to the city maybe not this but they're going to recreation and parks to get the okay to hold their event within the park is what >> within the park. They don't have to have an extra layer of a special event permit.

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>> Right. That's that's kind of what I was trying to figure out because that wasn't clear to me the way it's written here. Anybody else? What is the pleasure report? Let's >> make a motion language.

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>> I'd like to make a motion to accept the ordinance number 1767, land development code update. >> All right. >> Second. >> Second. All right. Any discussion between us? >> Everybody's happy.

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>> I think we had it. You good? >> All right. Seeing no discussion, I'll call the motion. All those in favor say I. >> I. I. >> Oppos say nay. Motion car passes. >> All right.

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Discussion items where there's none. Future meetings. We got June 2nd and June 16th. Do we have anything scheduled for those days yet? Not that I'm aware of. No. >> Okay, then we are adjourned. Thank you everyone. >> Okay, >> perfect.

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>> Thank you. >> When's your next vacation? >> It's not. I don't believe that you're not going to fly off somewhere.