hello hello hello my name is Logan hop and today's J you want me to do roll well I just let want know who to ask to do he G ask me I'll do it oh okay I was gonna ask Catherine but she's not here what did I do all right that's yes wondering right that's what I thought okay I read the short very short very short it's more just a beautification Thing versus anything ready okay okay welcome everybody it's 5:30 p.m. on March 21st 2024 and we are ready to call to order the meeting of the local planning Agency for the village of taquesta Florida Dylan did you want to do roll call absolutely chair Leslie Dasher here Vice chair Teresa magio here member Elizabeth shower here member Cherry Ambrose absent member Jean Mel Downey here alternate number one Marie subir here alternate two Marco Valdez here alternate three Jared Gaylord absent okay chair we have a quorum and you may proceed with the meeting thank you has everybody had a chance to read the agenda for tonight yes okay I'll make a motion to approve the agenda okay have a second I'll second that motion all in favor I I I okay agenda is approved has everybody had a chance to read uh the meeting's minutes for the last meeting yes in December okay no changes no okay I'll make a motion to approve the minutes for December 19th 2023 I second all in favor I okay minutes are approved okay Dylan did you want to I will read the item uh Miss chair the first agenda Zing that implements certain recommendations contained in the October 20122 Village of taquesta commercial Corridor master plan as prepared by the Treasure Coast Regional planning Council and adopted by The Village Council on November 10th 2022 specifically amending the following section 78-44 formula business formula restaurant overlay District facade transparency and Civic open space 78-96 discontinuance of non-conforming uses by adding language to explain the continuation of non-conforming uses in an overlay Zone section 78 176 C1 neighborhood commercial District by adding permitted and special exception use regulations applicable to Overlay zoning at section 78177 C2 Community commercial District by adding permitted and special exception use regulations applicable to Overlay zoning at section 78 178 C3 General commercial District by adding permitted and special exception use regulations applicable to Overlay zoning at section 78-1 180 mixed use District by adding permitted and special exception use regulations applicable to Overlay zoning and resolving any conflict between mixed use zoning and overlay zoning in favor of overlay zoning further creating an entirely new article section article 6 division 3 entitled overlay districts with new code sections 78-20 through 78- 204 adopting section 78-20 to quested drive overlay creating and Def finding this overlay District providing purpose and ATT 10 providing design setback facade parking formula business and restaurant open space and Landscaping guidelines providing for payment in lie of certain open space requirements providing for waivers resolving any conflict between General regulations and overlay zoning regulations in favor of overlay zoning regulations also adopting section 78202 US Highway 1 overlay creating and defining this overlay District providing purpose and intent providing design setback for parking formula business and restaurant open space and Landscaping guidelines providing for payment in lie of certain open space requirements providing for waivers resolving any conflict between General regulations and overlay zoning regulations in favor of overlay zoning regulations also adopting section 78 203 Village Center overlay creating and defining this overlay District providing purpose in ATT tent providing design setback facade parking formula business and restaurant open space and Landscaping guidelines providing for payment in Li of certain open space requirements providing for waivers resolving any conflict between General regulations and overlay zoning regulations in favor of the overlay zoning regulations and adopting section 78- 204 waivers to provide a process for obtaining waivers from The Village Council from certain overlay District requirements providing for application and providing criteria for the granting of a waiver providing that each and every other section and subsection of chapter 78 zoning shall remain in full force and effect as previously adopted providing conflicts a separability clause and an authority to codify an effective date and for other purposes thank you so much for S bearing with me as I read that insanely long time can you make the audience any longer I don't think I could have even if I tried it's one of the longest ones we've ever had it is we have uh Lance Lily here this evening to provide us with a presentation regarding these changes thank you Mr brandenberg can I say something first um absolutely uh Lance if you will stop when you feel it's a good time for the board to ask questions and we will wait to be called on by him and if we can keep everything on point so it's going to be long so um if we can just keep everything on point and um so thank you good evening for the record Lance Lily with uh CMA as well as helping Community Development uh this presentation that we have before you is a presentation that you actually saw last month which is related to the code text Amendment for the commercial corridors in taquesta and it's based on Treasure Coast Regional planning council's report that was conducted in 2022 so just to refresh your memory in 2022 Treasure Coast conducted a 5-day charette which obtained feedback from the community as well as the business community and residents following that they created this document which was adopted in 2022 November 2022 by The Village Council following that we had presentations By Dana little which is the uh director at Treasure Coast as well as our village manager Mr Jeremy Allen presentations were also conducted with this board in 2023 and then we had several workshops with the Village Council which started in May and most recently in January and as I mentioned we had a presentation last month with this board as well as the presentation today that I am providing to you right now so what were some of the key recommendations that were provided by Treasure Coast it was District centers Frontage standards Civic Open Spaces the way that P would be measured drive-thru buildings gas stations location of parking primary Street dark sky night lighting and Green Design This was the actual map that was conducted or created by Treasure Coast you will notice that this map is going to look fairly similar but maybe a little bit more tailored down with this design right here that we put together so as you notice there is three overlays there's the quested drive overlay there is the US1 overlay and the Village Center overlay and as chair Dasher mentioned what I'm actually you're going to do is I'm going to go through each one of the overlays I'm going to pause to allow for you guys to ask me questions and then I'll move on to the next overlay after your questions are conducted so I'll start with uh the toqua drive overlay toqua Drive overlay is an overlay which includes the C1 C2 and C3 zoning districts as you see that purple um notation or hashing is where the overlay would be included and right here is the intent so the intent is to preserve and protect the local Hometown Village character Aesthetics by limiting permitted um permitted within the corridor So within this it would allow for formula businesses which formula businesses I'll go over shortly is would be allowed strictly through special exception formala restaurants would be prohibited small scale character would be and charm would be the purpose of this this overlay facades would be closer to the corridor parking in the rear as well as Civic Open Spaces landscape and tree canopies this is as the code shows right now for the site requirements right now if you were to look in the code it shows that there's a 15t front setback requirement for C1 25 ft for C2 and 15 ft for c 3 with the proposed code that we have we're actually saying that there is a maximum rather than a minimum being that there's also a minimum landscape buffer requirement we are allowing for particular encroachments if you have a frontage uh standard which I'll go over shortly so what are those Frontage standards so Frontage standards would be items or amenities such as porches Stoops uh bracketed balconies for quarts arcades and shopf fronts and this chart right here actually mentions or demonstrates what would be allowed and what would be uh not allowed prohibited So based on the location of where you're at it would be to quester drive West certain am ities will be allowed uh SE Brook certain amenities would be allowed and then also Cypress Drive certain amenities will be allowed also we wanted to Define primary streets for secondary streets similar to how Treasure Coast put it in their presentation where we have tester drive and C C Road and Cypress Drive would be the primary streets for this particular thoroughfare or Corridor and all other streets such as maybe Willow or some of those other smaller streets or local Collective streets would be secondary roads so what's a formula business so formula businesses means an establishment that offers Health Care Medical Dental retail personal services or even real estate uh Services which standardize an array of services or merchandise or employee uniform so essentially when you think about it it' be like your bigger scale businesses and examples of that would be a Staples or even Trader Joe's or Home Depot which are shown or depicted on the left- hand side formula business as I mentioned would be a special exception use and would be required to meet the special exception use criteria as well as this criteria so this criteria is the special exception use I mean not the special exception the formula business criteria which we have embedded in this ordinance So currently if you look it says that it has to comply with the regulations of section 78 363 as well as section 78 364 which are the special exception use criteria that is currently in the code and that is not changing that's exact uh code session that's provided already also the applicant would have to demonstrate that it will not alter the identity of the zoning District that it will contribute a some type of diverse or appropriate blend of businesses it will complement the existing businesses as well as be compatible with the uh surrounding uses and that will preserve the character have some type of facade design colors that are compatible with the surrounding neighborhoods as well as that it will have that corporate structure uh that's harmonious with the the district so Frontage standards as I mentioned so the maximum requirements that we have we have a maximum requirement so you can actually put the building closer than what's allowed however if you're doing a for example a porch or something to that extent then you can actually encroach a little bit further into that 25 or that 20 ft so as you see there's a 16t notation but then also there's landscape buffers that you can also encroach into that landscape buffer if need be uh the frontage will be required to be close to the RightWay as mentioned and that will that will allow for pedestrian interaction between the whether it be the sidewalk or ride of way with the building and then the frontage standards will be as shown this is an example of what could be conducted or what can be done if we happen to implement this code so this is actually on US1 currently I know that's not in this particular overlay but this is just an example where you have some some type of landscape buffer in the front and you still have that building that's relatively close to the road and still allows for that pedestrian interaction and I'm going to stop here are there any questions related to Testa Drive overlay I have one question yes um is there a reason why arcades are not allowed on what on any of the overlays it looks like so everything is based off of what Treasure Coast put together which I know you were a part of that charet and I can't remember the exact rationale why ourc were not allowed but we really just tailor this space off of what Treasure Coast put together in their recommendations as well as we tweaked some things because as you know Treasure Coast is familiar with the village but they're not more so in the weeds so we tailored it accordingly okay can I ask a question yes so on page 13 of item two it's under 70 section 78-40 spaces typically take the form of a green a pla green a plaza a playground a square or others my question is Lance do we need to be more specific under others uh you said page are you 13 of 57 and it's section 78-43 of 57 of my agenda it's not page 13 of the right right well it's on oh okay it's page four it's going to be page four of your document right of the ordinance yeah so you're referring to the definition of civic open space Oh yeah page four I'm sorry I'm looking at the bottom page four sorry you're just where it says a PL Civic Open Spaces typically take a form of I'm thinking in the future a green green space a plaza a playground a square or others do we need to be more specific under others I don't believe so okay all right I I was just you know because I was trying to think you know somebody can always come up with something okay now on um Can can I interrupt uhhuh cuz if you if you go further down in the code to page 40 there's a Civic open space section in each overlay and there's the different types so I believe they they didn't list all the different types in that definition just because it'd be more inclusive if you have others rather than including each one of them and then let's say like you said in the future something else pops up okay all right um okay if you go to page five and I'm just going back to where I've been on the board too long many years ago there was talk of having a McDonald's here and a lot of people didn't want the logo my question is will we be able to change a company logo for example if we don't think it's amable to the Village Under the definitions of like it's on the top where it says on top of page five it is the same symbol of name trade name trademark you know menus and then you go into exterior design or architecture so do we do we will we still have the ab ability to change something so when it comes down to tra trademark businesses or formula businesses or things of that nature for example in Testa shops as well as Village Square there are multiple different uh yes formula businesses that are there also when they came through for site plan review for example there's a uniform sign code that was approved or whatnot for those so let's say for example the uniform sign code said specifically that they don't want this particular logo or um Trad Mark or signage to be there that can be accompanied with the site plan that's usually how Okay so that's when we get to do that and as I mentioned this would be more of a special exception use so it wouldn't necessarily come before the board here it would go before Council first and then come back after after the fact however Council can say they don't want it to be you know approve it based off of whatever criteria that they believe does not meet that criteria all right so that would be part of the signage approval correct well the signage would be associated with the site plan usually for site plans or special exception uses the applicant would provide the criteria but they also would provide usually like a site plan or something that would give Council a little bit more teeth to review and then they would make their approvals or denials based on yeah I seem to recall when Dunkin Donuts they were the exact same signs that used to be Wendy's but the little coffee cup there was a question it should say entrance exit without the logo they end up getting the logo because they really went back and said we're not doing anything different than the previous correct location okay okay but um this is for the attorney not under formula businesses it's on um page six under 78- 176 when when we're talking about formula uh businesses I went and um I did formula business restrictions and I read it and they was saying that some municipalities had problems with the dollar store restrictions and stuff like that so then I went a little deeper into it and then it says here at the back it says legal issues and when I was reading this I we we hit the nail on the head on everything in this ordinance so I don't think we should have a problem well that's I'm not a lawyer but when enacting a formula business ordinance a city should articulate within the ordinance and its legislative history the public purposes the law will serve and specify how the restrictions will fulfill those purposes this is a key to crafting a Sound Ordinance that will not be susceptible to Legal challenges the ordinance should be referenced the city's comprehensive plan Iden if Ying goals which we've done within the plan that a formula business restriction will help to fulfill and then it just goes to commonly include so I think we really hit everything from from the res I mean this this took me like an hour and a half so to address I guess the question or the concern is we believe legal believes this this is a legally sufficient ordinance we wouldn't be bringing it up to you if we didn't um part of that is the village has previously already adopted its commercial Corridor master plan right which identified all the objectives of uh the corridor today you are considering a development regulation that implements the objectives of that document so to answer your question I believe it's it's very clear that we are implementing the goals and objectives that were already previously adopted they've been outlined uh they've gone through multiple public meetings shetes uh so I I do believe that we are uh sufficiently have stated on the record the the public purpose and how these regulations are implementing that public purpose thank you that's it yes um I do have a question about like formula businesses on to the to quested drive overlay um like there's a bagel boys and I know there's a few Bagel Boys around um so that would CL classify as being a formula restaurant since there's more than three in the country um how do they handle those I mean is that just okay because it's not a big flashy sign or so Bagel Boys ended up not opening it's it's kasaka now so it's the same owner the same gentleman owns um oh KAS uh yeah that operates cakana ALS and locals pub now um operates Bagel Boys he was initially going to going to do a bagel boys and maybe even do Bagel Boys in the morning kasak in the evenings but he does not do that and I and I believe there is only is there is there only one other Bagel Boys the one Stuart and Jupiter and I'm not but nobody was buying the bagels sorry he was doing it for brunch when he was having brunch MH so okay so that was why he asked the alcohol ability to sell alcohol is to be a different Resturant is actual number that that would change it from being that to a formula well the definition does include it says three does it say or more yes so it says three or more at the end of the definition it says and one of a chain or group of three or more in the nation or more and so that would um now would that fall under a special exception correct if it if it meets this definition then yes and then restaurant are outright prohibited corre the formula wait on public comment Bagel Boys which is a restaurant would be different from formula business because that's a formula restaurant I was just more so speaking from formula business standpoint that if it that there's also a definition for formula restaurant which is yeah hold on so what is that one it start it starts with the same thing it says formula restaurant means any establishment that is one of one that is one chain or a group of three or more restaurants in the nation so it's the same thing it's just one's it's more depicted on businesses versus restaurants that's really just the difference between the two of them and then there's like the if I get the name wrong here Waterfront realy I think they have a few offices um how does that work in that District if same so it's it's okay as long as it's approved yeah it just would have to go through the special exception process and then show that it meets the criteria okay all right so because there really aren't any chain restaurants in Thea Drive area the the council thought it was appropriate to um prohibit formula restaurants in that area whereas there are a few on us one you know Dylan Keith our attorneys have have said it legally it's a it's a little bit tougher to to prohibit them on us one because there's already you know several in that area and and also the purpose of intent of that particular overlay for taquesta Drive is to keep that Hometown field so if you were to add in a formula business or a formula restaurant I should say it might alter that yes and we wouldn't want the traffic on that two-lane road coming through um it just changes the potentially change the character right I agree yes okay and the traffic say the traffic back to a real estate office yes no they can only have three three other offices say it was William Ravis real estate um who has offices all over the country um they're not prohibited they just come in as a special exception so it's just adding another layer for the approval process that's really all that is just another layer we're not we're not saying that they can't be there right for example if it was let's say a Chili's or something we're saying for this particular overlay that Chili's meets the definition of form Restaurant They're not allowed to be in that overlay however real estate companies or even yeah I don't know all state or something like that wanted to come in insurance company and they wanted to come in we're not saying they're not allowed to be there they just need to come through the process of getting and there's some you know I think that the thinking is there's some formula businesses that that could be a good fit you know uh aesthetically and um there's probably you know many that you know if let's say if Lily Pulitzer wanted to come in I'm sure a lot of people would think oh that kind of fits the the vibe and character of taquesta but if it was a Dollar Tree that wanted to come in over here that might not kind of that might not really fit what people look for so the way that it's written there's there's a little bit of discretion um so that you can really look into see if that formula business fits the character of of the area well Ryan plus we don't want um too many of the same kind of exactly stores exactly okay I think that's about anything Forester Drive oh okay okay I think we'll wait till the end for public comment after the staff presentation yeah and then we transition to the US1 overlay us one as Jay alluded to is more the commercial commercial Corridor it has a C2 designation as well as mixed use and it is shown in the green hashing what's allowed C2 allows for a 25t front setback as well as mix use depending on the use if it's residential is 10 ft if it's commercial at zero feet and as I mentioned for all these overlays you'll notice a reoccurring theme we want the buildings to be more tailored towards the front or push towards the front so it does have a maximum rather than a minimum and that does include the minimum l Cape uh buffer and that 4ot encroachment that I mentioned earlier so currently in the village code it allows for drive-throughs off the US1 Corridor or US1 um Street it limits gas stations to the mix use as well as C2 which are uses that are allowed in this particular Street and overlay commonly commonly use these gas stations and fast food restaurants use uh drive-throughs that are fronting the road with this proposed ordinance we would Lim to strictly the US1 overlay uh to Quest a drive Village Center would not allow for a drive-thru drive-throughs would be permitted to be in the side as well as the rear of the building but they also need to have some type of landscape or screening for that particular drivethru uh drive-throughs are prohibited in the front of the building except for fuel stations or gas stations and that also needs to be screened what is the intent of this particular overlay is to encourage provide pedestrian friendly commercial Corridor with enhanced uh physical appearance and clustering of complimentary uses as Jay alluded to earlier formula businesses and formula restaurants and this particular overlay would be a special exception use so essentially what we're saying is is that yes it is allowed it's not prohibited but it just needs that extra layer to go to council and be you know meet that criter that I'll show you shortly parking would also be encouraged to be in the rear of the facilities facades closer to the road way and also we'd have Civic open space landscaping and tree canopies would be included in this overlay what are the front to standards porches would not be allowed in this particular overlay uh Stoops back bracketed balconies for courts arcades no and shot fronts would be a yes the main primary streets in this particular overlay would be to Quest a drive as SW as US1 and everything else would be a secondary Street to those and what is a Formula restaurant we already went over formula business formula restaurant would be similar definition it's a restaurant that has one uh it's one of a chain or group of three and then it has to meet one of these three two at least two out of the three descriptions which would be it has a same or similar name trademark or or trade name or trademark to other chains or groups has a standardized or limited uh menu including ingredients food beverage preparation and it offers the following characteristics which which would be exterior design architecture interior design or uniforms and formula businesses I'm not going to go over just because we did talk about that just a while ago and these are examples of it which would be as I mentioned Staples uh Trader Joe's Panera and Starbucks which we do already have on US1 Frontage standards as I mentioned we'd rather to build them to be a at a maximum rather than the minimum which would be a maximum of 20 ft and as you go up higher then we would as well have the building to be pushed back potentially with a um facade treatment pushing it back and I will stop here for us you'll notice there's a lot of reoccurring themes totally I do have one general question um the overlay Maps appear to cover 100% of the businesses in the village is that accurate like to hope so um well I'm why do we still have the C1 C2 C3 is that just for the um property appraiser purposes or or what a lot of municipalities will have is you'll have your zoning map which is what we have on the wall and that kind of starts with your basic allowable uses but then when you start including overlays which is what this does it I guess it's more specific of what you can do definitely yeah so what we did was we tailored it based on the location because for example if you're in C2 but C2 also is inqua drive then you might have some type of difficulties as far as what's allowed in this particular area rather than this area if that makes sense so we're trying to do the overlays to make sure that it's only on one particular overlay rather than the district as a whole the zoning District as a whole whe everybody whether you're mixed use see 2 or C3 you'd all have to follow the basic same rules correct based on where you're located if you're in Village Center you have to abide by Village Center's overlay rules if you're in toester drive you have to abide by that us one you have to abide by that it just defines them yes correct just because the village is relatively small but the O not the overly but the zoning districts are throughout they're spaced out throughout so we just want to make sure that if you're in particular area of the village that it meets that particular regulation and keeps that particular characteristics and character and um and look overall pars and I do have another one about um screening of like gas stations drive-throughs um is the screening such that it it's low enough that you can exit and enter so you'll still be able to get in and get out it's more so if you're driving down we don't want it to just be you know this intrusive or big drive-thru that you see we just want something to kind of buffer it a little bit and have it look a little bit more aesthetically pleasing well okay Aesthetics I get it I was concerned about it yeah they still have to meet the requirements that are set forth by the regular landscape regulations uh there's regulations as well for like site triangles and things like that so all that stuff would be vetted through the site process okay okay okay I I just have a question it's in regard to um when they want to pay the village for for maintenance it's on page 23 maintenance and operation and the payment in Lou I mean um how many municipalities charge for doing this and is this a common factor I don't ever remember seeing anything like this it's item number three and four and then it goes gone to four goes a c d it's on 32 the one I pr Lance you have slides specific to that Civic open space right yes can you it might be best to talk about that so he's going to go over the Civic open space first oh right and and and then that's probably a good spot to ask him he's got some information s yeah so I'll if there's no more questions just hold that thought I will give don't worry is there more for us one no okay pH Village Center so Village Center is where I guess you can kind of say is that middle area of the village which is Old Dixie uh Testa Drive Paradise Park area uh as well as Village Boulevard what's allowed there currently is C2 C3 as well as mix use and it is in this baby blue or blue hashing the front setback requirements is 25 ft for C2 C3 is 15 ft and as I mentioned before residential for mixed use is 10 and Commercial is zero so what is the intent of this particular overlay it's to encourage architectural character and divver diversity of uses such as residential commercial Civic spaces while providing a pedestrian friendly environment connectivity between Testa Drive Bridge Road and Old Dixie and what would allow what would be allowed here would be formula businesses by special exception and formula restaurants would be prohibited except for new development or Redevelopment of parcels that are 2 Acres or more so if you have a parcel that's a larger parcel then it would essentially be able to go through that special exception process for a formall restaurant parking in the rear would be encouraged uh facade treatments would be close to the road as mentioned before and we'd like to see specific Open Spaces landscape and Street canopies I'm going to skip this just because we've talked about formul businesses quite a bit y front standards the same here this just more so defines what the front of standards would be for this particular overlay we have sequester Drive old di SE Highway Main Street Bridge Road as well as Village Boulevard and these would be what's allowed and what would not be allowed based on the particular roadway that you're fronting primary streets and secondary streets for this the primary streets would be toester Drive Bridge Road Old Dixie Main Street as well as B Village Boulevard and every other Street that's associated in that overlay would be a secondary Street I know I keep talking about different Frontage standards this is just a diagram or picture of the different types that you can see shot fronts top left four quarts below that Stoops would be in the middle then you have bracketed balconies in the center bottom uh porch on the right hand side and arcades in the corner right and this just defines more so what we'd like to see as far as Landscaping within each one of the corridors we'd like to have some type of street trees that are there to have some type of streetcape and separate The Pedestrian environment from the veh vehicular environment and we'd like to see them planted in the RightWay directly in front of the property which will enhance the high quality and Architectural compatibility of this particular development or area that you have I'm not sure if you guys remember Steve Parker about year ago beginning of last year we changed the code and we beefed up the landscape buffers that are for private property so we actually changed it from 10t to 15t just to include more landscaping and vegetation in these particular areas should I stop or should I because that was the US one overl I'll stop for Village Center just I'll stop because then I'm going to start getting to Civic Open Spaces to answer this question so do you have any questions related to Village Center no okay I'll keep going then so Civic open spaces so Civic Open Spaces are privately maintained outdoor spaces which allows for accessible by general public improve the profession environment aesthetically pleasing and it provides open space so what are the types of Open Spaces that are allowed green which is approximately less than 1,000 sare ft Plaza Which is less than 1,000 square ft playground Which is less than 2500 ft and then you have square which is a larger uh Civic open space which would be at least 10,000 sare ft attach green which is generally between 2,000 and 6,000 and then we you'll have some of those particular Parcels that might not be able to have these larger Civic open spaces so the two at the bottom which will be four quarts as well as pedestrian passageway will have a lower square footage Which is less than 25 uh 250 sorry Civic Open Spaces within the districts new developments or additions which are which have a gross floor area that is 20% or more of the existing building shall provide 5% of their lot as Civic open space and I'll give you actual calculations after this just to see how it it would affect two particular properties landscape buffers on the front as well as the side may be reduced no greater than 25 ft I mean 25% which that Di at the bottom shows that where you see the Green in the center and as well as in the corner also we actually changed this from the last time you might have heard this which we actually allowed for civic Open Spaces to be counted towards your minimum landscape open space and also the maintenance may be dedicated to the Village or it might be the it may be the responsibility of the property owner so if a property owner chooses that they want to dedicate it to the Village they may do so if not then it's their resp responsibility to maintain that Civic open space so Civic open spaces between these two two properties as you see on the left hand side which is right across the street we have three toester drive it's a smaller property if they had to provide a Civic open space it would be approximately 578 square fet of Civic open space which which requirements would they meet would be four court or pedestrian passageway whereas to the right you have Village Square which is a shopping plaza as you guys know and that would require about 12,000 ft of Civic open space which would allow for virtually all of the Civic open space uh requirements that we have or AMS that you have as well as we have payment and loot so if you happen to go through the process and you say that I cannot meet the Civic open space or I don't want to meet the Civic open space and the property is less than 2 Acres you can go through this process which would be a payment in lie it's based off the market apprais value they'd have to provide us with the information that has been appraised at X number uh the location and size and natural uh condition of it would have to be depending on it would be whether it's in the best interest or not in the best interest of the Village Council may decide whether or not they'd like to go through the payment in Loop process if they say we don't think this is to the best interest of the village no you have to provide it or or uh you can provide us with a payment and Li the payment and Li shall be allowed for acquisition and or development of Village parks recreation or land systems and they also are allowed to be used in conjunction with waivers which we will talk about shortly parking in the rear I'm sure you all understand the concept it's more so just pushing the building to the front and having parking more so in the back so if you're driving down US1 to question drive whatever Street that you choose that you're not seeing a lot of asphalt or a lot of parking vehicles in the front they more hidden behind the I really like that good thank you these are just diagrams of how parking in the rear can be done uh you have on the left hand side which would be building front of two primary streets so essentially if you're in the corner and then you have one that is facing a primary Street and a secondary Street and then you have a building that is facing a primary Street a secondary Street and an alley which that one we don't have very many of but you might have a case that you have that facade transparency what this is is we're trying to eliminate having these St or blank walls so almost like how you see it behind you it's just a wall we want to have some type of whether it be doors or Windows or something to that extent that would allow for more aesthetically pleasing buildings rather than just having a blank wall so uh glass windows or other approved openings to eliminate the creation of blank or Stark walls along the street Frontage side and waivers what's a waiver an applicant or property owner May seek a waiver if they're unable to meet whether it be site requirements or landscape requirements and they may request these waivers from certain regulations all waivers must be granted by The Village Council in conjunction with the site plan it would not it would come before this board so let's say for example an applicant has a site plan and they're saying that they want to seek these waivers they would come before you for a recommendation of the site plan but that waiver would be traveling along to it to the Village Council and Council would approve s waivers the waivers can not be used for adding of uses so let's say for example it happens to be in the Testa Drive overlay and formula restaurants are not allowed they cannot add a formula restaurant to that particular overlay just because they seek the waiver that's not how it works uh let's see increase of density or intensity if there's a certain amount of intensity or density that's allowed there they're not allowed to exceed that and also they're not allowed to exceed the hey requirements and I'm sure you're wondering that sounds like a variance well it's not so variances are as you know we have variances that come before this board which is for fences or a dock or gate Gates yes with this typically speaking variances are associated with the land it's based on hardship so whether it be I don't know you have everyone's lots are typically a square or a rectangle and someone has a circle for whatever reason or they choose that for whatever reason the fence couldn't meet the requirements so they re seek that variance based on some type of hardship land hardship and that would essentially be approved by elected officials so whether it be this board or the Village Council depending on the severity of the application whereas waivers waivers are typically associated with puds which plan unit developments but they also can be with other types of developments and they usually run with the development not with the land so let's say for example a development happens to come in gets approved with a waiver but then 10 years from now it gets knocked down for whatever reason those waivers no longer exist they traveled with that development if a new development wants to come in they then would have to seek additional or different waivers for that particular project and that would have to be approved by the V Council and that's good and then this essentially concludes my presentation today we have the meeting which is the March 21st meeting with this board LPA depending on whether or not this board approves or disapproves recommend recommendation of approval or disapproval it would then travel to the Village Council next month and depending on what the Village Council provides us with it would then go for second reading in May also there was maps that were shown in here Maps as you notice were not included in this ordinance they'd be in a separate ordinance which would travel along after this ordinance and that concludes my presentation I'm open to questions my question is how many municipalities charge for you know the maintenance is this a very common thing I've never seen it before that's why I'm asking it's on page 23 when you say charge so so they can it payment in L I mean I've never seen this paying for for maintenance you know so what that what the the dedication part means they can they can deed it over to the village where we would take on ownership of it and we could actually in some cases count it as one of our Parks okay so and this is common with some of the municipalities and doing that okay yeah because I've never seen that before okay thank you and um this I do have one little question if this is a typo I'm not sure it's on my page 41 is it's just under the um in lie of section um payment in Li of down at 4 d it does say at the very last sentence to is required to pay the Fel for this said page 41 page 41 on the 33 it's 33 this is in this is in the last um Village Center overlay but it says it on all three of them it I don't know if that's a typo or is applicant is required to pay the pay the fee L you missing in there okay okay that is and it's on all three of the yeah and also up above where it talks about the two oh two acres two acres or less not of less yeah okay that's that's in um subsection four and it's it's repeated as well that was a typo yeah so there like there's two in that it's section oh gosh it's so hard to go back far enough here I've got I've got it noted already we'll change that okay good catch thank you and uh I got the waivers and now in um this is the village overlay just a quick question formula restaurants and drive-through facilities are prohibit in the Village Center overlay um it does say that one formula restaurant May apply for special ex exception but that would be without the drivethru correct okay so only the possibly the formula restaurant but no drive-throughs there for any reason okay the intent behind that is you could still potentially have let's say a chili or TJ Friday or cheesecake or something like that but not McDonald's or Starbucks or something like that that would be more so limited to the US one and I did have one other simple one um this is more in the definitions but it's regarding the open or Civic space um four and the definitions in the beginning um it's after all of the where as and then there's section one oh um does Public Safety have the right to go and move people out or um it it isn't and there could be other ordinances I just don't know and um just keep keeping their you know you you you read about some of the problems they have down like West Palm Beach downtown area um there being some problems and that's why I said that they needed to be more specific yeah as far as like the if the general public is allowed on there at what hours and what's their what conduct is allowed and when can law enforcement go in that's a that's a good point so we could we could probably clarify it and say accessible to the public during reasonable hourss hours Sunrise sun sunrise sunset like a park because that's what they do with the park because that's why I said you have to be a little bit more specific with that because you're just opening up for you know another kind of a problem yeah that's a great suggestion yeah well taken okay that's that was my only big concern was my question was similar to that that these are all areas that are um can be accessed through the streets and so if it's a courtyard or a plaza some of them yeah yeah it would be it might not be right close to the street it might be on the back side backside or somewhere else yeah so does law enforcement generally have I mean I see them coming down our street all the time I mean do they have the right to go and you know say you you don't belong here so it it depends on whether it's private or public property right so um if it's a private property um they would need to get some kind of indication from the property owner okay whether those individuals are allowed to be there or not if it's or a complaint from a neighbor right okay well that that's my main concern was just Public Safety and no thank you Marie um is this board comment or so is this the time where we're do doing everything or are we just asking questions right now just want asking Lance okay um on the waivers I guess I'll go down my list um what page it's the waivers the general section the 78204 I can see last page or second to last page conceptual SO2 42 is on my page yeah the well um the so the issue that I see with the waiver concept um and the language that we have is that it doesn't mention I appreciate that you said that the waivers would come through the board but that's not clear in the way the statute is drafted so I think to make sure that it that it needs to be amended to make make it clear that the board reviews waiver requests as it does currently for variance applications um and the reason for this is that we one we want to ensure that o fully understand the process when they read the text of the code um and also we definitely too we definitely want to ensure that the board as the representatives of Village residents and also the public have the usual opportunity to formally review discuss and make recommendations to the council um so in the interest of making good decisions for the entire Village I think it's critical that we include specifically that the Planning and Zoning Board is involved in the waiver process and has the same procedure so that I think that means we need to amend um I think it's 2253 as well which is not in this but where it delineates the responsibilities of the Planning and Zoning Board I think we need to tie those two together um okay I have a lot of other notes do you want to hear everything now or did somebody else have questions for Lance I'm happy to okay I'll I'll proceed um so I first I wanted to thank the council the Treasure Coast Regional planning Council and all of our many Village residents and small business owners who came to the charet and participated in the subsequent meetings which were numerous um at to discuss the master plan and the village staff for all of their efforts um there have been years of work and residents in particular have volunteered many hours to finding a solution to the problems that the code update addresses it should be noted that legitimate public concerns prompted this C code update and it was the expressed desire of residents at the sheret and in the council and the council in many meetings over the course of the past two years to find a reasonable solution to them so the proposed code updates are based on the expert recommendations of the Treasure Coast Regional planning Council leaders who are leaders in their field of Urban Design planning and architecture and the purpose of the shet and the updates to the code is to maximize the value of all properties by making the village a more beautiful space and one that is more conducive to local business um I wanted to really EMP emphasize that the purpose of this is to maximize the value of the entire community and that was clear in the shet and has been clear throughout this process um by improving the health safety and Welfare interests of the village which are impacted by development projects and it's the responsibility of the leadership of the village to find solutions to adequately address these concerns um that said I do have in addition to the making it explicit the planning Zing board is involved in the waiver process um I had a couple other points also in waivers um in the in section 78- 204a on page 42 of the internal the PDF's Pages um I think there should be amendments here it says quote in the Testa Drive US Highway 1 or Village Center overlay districts waivers may be requested from certain regulations in this code an applicant requesting a waiver shall demonstrate that the waiver provides a public benefit including by way of example high quality architectural design pedestrian amenities no cost dedication of Rights way construction of public parking public art or other improvements adjacent to the property preservation of in environmentally sensitive lands provision of public parks and or Open Spaces or mixed uses which reduce impacts on Village services and I would propose that we remove the mention of high quality architectural design because all projects should have that um and I would also recommend that we remove public art because in general the public art in the area is mostly not a public benefit um unless we're going to review the public art that's coming to us um I think we should make sure that and tell give further guidelines as to what kind of public art we want to see I don't I think we can take that out um and finally the last clause on other improvements needs to be strengthened to protect Village interests in particular it should be specified that the environmentally sensitive lands are in the village or on the property and the provision of mixed uses I think should be struck because there is no mixed use in some of the overlaid Lays and in the one where there is mixed use that's already required and so it would not be a new public benefit where are you referring to for the part that you said others you just mentioned others yeah so the um that's in I believe it's in 78- 204a it is yeah it's at the end um very end of the it's at the end of the long there's a long sentence of the applicant request a waiver she demonstrate that the waiver provision provides a public benefit and then it's going through the things that might be public benefits and I'd like to be clear about what we consider a public benefit and also that we want to see high quality architecture everywhere so that's not a special public benefit okay um okay the other point that I think is very important and I think um Mrs shaer brought it up in section 78-20 page sorry page 23 um and the all the other mentions of Civic open space regarding the maintenance of Civic open space I think it needs to be clarified that the property owners may offer the Civic open space to the village for maintenance and operations but that the council doesn't have to accept the offer um the reason for this is that the village doesn't get to decide what type of open space is on the property so it would be seem inappropriate to allow Property Owners to burden taxpayers with the maintenance of that space in an involuntary fashion I I think that's a good suggestion um we talked about that yesterday I I like I like that one okay I believe the village would have to accept a dedication regardless but we but it can't hurt to clarify I would just like to clarify these are not but but if you put it in then it is specified and and and the more specific I think that you are in certain things I mean it's better I mean because this ordinance has been a really Challenge from the beginning but I think that that one's just an easy clarification right because you know Marie brought up the point that somebody could put in an really expensive Fountain and then you know require you know if if it's not clear that we can say we don't want to maintain that then they can say well the code looks like it says that you have to accept it so it doesn't hurt to just say that we that the count the council May opt to accept maintenance but it's not I can give you a specific in regard to that and that's going down to where the tester drugs is that little circle and you'll see a round thing years ago we wanted to have a clock tower put in there and the developer said that he would put a clock tower in so we said okay you put it in and you maintain it he didn't want to maintain it the village would so it just so we don't have a clock tower there you go well and also if the village took over the land they would be free to um take out the fountain I mean they could make it something that was easier to I mean you know that's an option too so um my next suggestion is that in the list of types of open space on page 22 and all the other references to Civic open space I would recommend adding the word living everywhere it says lawn so it would read living lawn to clarify that we're getting turf grass yeah well we can't have anything else yeah well well you can't have turf grass so you don't have to say artificial so I mean real grass living grass yeah you can't have it right but they can through they did the council I think did change it it might have been after you guys saw it well they they said that somebody a commercial business can apply for a special exception to have turf in so in this so there is a path where they could they could do it restricted to Green because part of the purpose of the Civic open space was to since they have an open space requirement to consolidate some of it so that we got a larger amount of green space on these properties rather than have small pieces part small bits of open space that count toward the open space so in this case we were consolidating to the 5% so that and it should be as a result it should be landscaped Green Space right predominantly with the exception of a the what I think the plaza is the only one that has maybe a little less screen space but yes living lawn is what you me right living Lawns just for everywhere there's the word lawn if we could put living in front of it that would be live lawn do you think it would make do you think it' be better just explicitly say you know Turf shall not be used yeah rather than just say living lawn cuz then that so artificial turf or artificial either I'm happy either way I I just would like live Landscaping yeah I didn't think they could put fake I'm just trying to avoid the special exception use we we did that whole ordinance on the turf grass and that the building official has got to go and check it out so why don't we just say that there's no turf grass allowed in the Civic open space perfect turf grass Turf artifici artificial grass artificial sufficient whether we put living living I guess living lawn or artificial no artificial turf does it's easier to regulate if we just say no artificial I think so I that's more specific yeah and then the payment in lie of Provisions um in section 78201 G4 and I'm sorry I didn't write down the page number here um and all the other sections where the there is a payment in Li of provision I would recommend adding the amending the proposal to cover properties consisting of one acre or less right now it's to and the because the like I said the point of the open space requirement is the consolidation of the open space on a parcel to add aesthetic interest and ensure a minimal consolidation of the required open space um so if a parcel is at least one acre my understanding is that the 5% would be well over a th000 square feet which gives the parcel the full range of options in our menu of Civic open space space possibilities so in that case having a buyout provision would end up dramatically undercutting the intention of the code so I would propose instead of the two acres or less take it down to one so that we we we would have it would also reduce the number of buyouts that we would be having to process as well do you guys understand what she the coming for the two so the two ACR I was looking for that yeah for waivers I didn't see so instead be be consisting of one acre or less or less and I think the reason that we even put that payment and L in in place was kind of that example that Lance brought up with that small lot you know the0 five acre lot it it's kind of honorous to make somebody put a Civic open space on a tiny property um but certainly and as you get larger it makes more sense where you you have to have it on site and um and it's you know reasonable to expect that they would do that so the honestly the two the two acre number I don't think that was there was any exact science behind it so if if you guys think one acre or less or less is good I don't think we would have any issues at staff level but we just didn't want to overly burden you know people with smaller properties well but how many would do that can't predict the future I don't know well I know um I had a couple other smaller items in the mixed use District change in section 78-1 180 on page 13 um in D6 the last sentence says quote The Village Council May relax this requirement on a case-by casee basis when the development or Redevelopment project Parcels are too small to comply or when other circumstances necessitate the need to provide a solely commercial or residential development project end quote um my two points here first there should be clarification as to what parcel size is to too small to comply um and I don't have a recommendation as to how to do that precisely but I would ask my fellow board members if that would and the staff to consider that um and second I think the problem in our mixed use district is that the commercial space that exists in the mixed use District could be further reduced and that would leave the village with very little commercial space and too few Commercial Services for residents particularly if we're adding additional residences through new development so in the last sentence we should remove the words or residentials as well that's 781 180 yes in D6 in the last sentence D6 this this is a complicated one right sorry so the The Village's comprehensive plan says in the mixed use District that overall it should be a 8020 mix split of residential and Commercial so that's not purely residential or purely commercial and you're truly getting a mix of uses but there was nothing really in the code to clarify that so we wanted to put that in here to to clarify it but there's also instances on a on a smaller property where it's it's for instance um the old Bank of America site they're they're looking at developing that it's been developed as a you know small office building I think it might come forward as a restaurant in the future but it's difficult for them to put residential on that property right then you're requiring somebody to put two or three tow houses over an existing building and so in that case it doesn't really make sense to do a mix of uses or if somebody did buy a small 2 acre one acre parcel or Halfacre parcel and put up five tow houses you you don't want to make them put in a restaurant there so so so there there's time but then on a larger project like like Village Square or Paradise Park it's reasonable to expect a large project like that to have a mix of uses so we we wanted to write it to give Council a little bit of discretion when they could give people relax that a little bit and when they could say hey you need to have you're going to need to put some commercial uses in here to keep with the theme of the comprehensive plan which is that 8020 yeah right I would just point out that many of the mixed use developments are actually residential and that we've had so I think we're on our I I don't know exactly what the percentages are but that's the reason why in I would recommend removing the or residential words here because I think that we're have we're we are much closer in the situation of running the risk of not having enough space for local businesses to operate than we are and not having sufficient residential units in especially in the mixed use um partly because of how the mixed use district has functioned in the past so in this case and to address this particular situation I think that the best scenario here is to make sure that we're getting enough commercial so that we are fulfill we're meeting the the comprehensive plans um how are we going a word it well now the Village Council has the ability to say no well I understand so one one suggestion so Marie and I did talk about this yesterday um you know some other places have things where there there's a threshold where if you're doing x amount of residential units you have to provide some commercial uses so you could say something like where development proposes 50 or more residential units x amount of commercial space shall be provided or if you're providing 100 residential units you shall provide x amount of commercial space that way it's not you know it's it's not arbitrary there's there's a little bit of kind of math to it you could also just make it a more open-ended recommendation to council where you say you know you don't have you don't have to give them the exact number but you you maybe tell them to to further evaluate how to how to quantify that or or or determine when when relief could be granted and when someone has to put commercial uses in because that you you would be more specific in regard to that than having somebody just say oh well opt out to that the more specific you are the better off everybody will be um so that they don't I mean come back for a VAR for a variance okay the more specific I mean this is the time that we get to do that to be specific and not to have any lay leeway I mean Leslie and I don't like variances that all sorry so I know you have more if you if you so fit when you come through the recommendation portion if you do happen to say you want to approve it then that might be a condition that we can put oh well I didn't write it down Lance I've got most I've got most of my things in a format um I just my last item thank you for bearing with me um in section 78-22 in the chart on page 26 about buffer encroachments um in this case and this was why I was asking about arcades on US1 um I I would from my opinion would be that including arcades as one of the possibilities would be okay on us one because part of the goal here is to make this more walkable and I would like to see US1 become a more able place and having the transition space between the outside and inside can make that I think more appealing to I I just just one of the options that specific developers could allow yeah just on or on us one and the rest of them and the rest of them no the rest of them are fine leave everything else alone just on the on us one okay the arcade on US1 would just make it very noisy for the businesses is when there are people that are outside and if they have an eating area that's outside it just makes the noise level that's why we didn't allow it during the charet because of the noise level but we well I guess we already have arcades along us one right I mean most of the yeah but not like the arcade that that Lance has but you know it just the decimal of of the the volume of the noise just makes it yeah it B it's just it just doesn't it's not I'm sorry it's not feasible but um yeah because that's why we didn't allow it well I mean a development can technically have it but it wouldn't it wouldn't be it wouldn't be allowed to be encroach like for example if you look at Village Square or some of those other ones you you can kind of say that those are arcades in a sense but they're yeah they are but but they have they're open so they would this would be open well yeah but you have to be specific an arcade has got a special architectural design to it so you that's why we said no to the arcade um because of of the noise level I'm sorry I'm just uncomfortable it's okay I put a note okay um so those were I'm done thank you very much and I'm interested in hearing any other thoughts thank you any other questions for Lance no okay okay we will open now to public comments Marco if you will come forward and state your name and address for the record and please start the three minute clock I don't know what to say yeah Marco valz uh 10 102 beach with Trail uh first question is uh formula restaurants definition uh you say three uh in the whole us so for instance uh three natives has at least one definitely two if not three different branches they have the same menu they may look different you know they were so I'm just trying to see if three is the right number given that's kind of local I mean it's founded by local taquesta people but they have three different stores so great great thing so Lance and I actually brought this up at at one of Council workshops because a friend of mine looked at our code and said hey um santelle has a formula business code but they have a thing where they exclude businesses that were founded in or near santel so that three natives or you know even a blue line or you know stuff that's kind of in the general vicinity of Testa wouldn't be considered a formula business so the council didn't seem supportive of that but you know I think if you guys made that a recommendation they might reconsider it um but the the idea is that you would you would still say you know formula businesses how but you would exclude anything founded you mean you could you could do exclude just businesses founded into Quest or maybe the number three is too too too restrictive in other words to put three natives in the same conversation as McDonald's is the problem is three natives now has probably north of 10 I think they're opening in like Jacksonville so yeah so they're they're they're growing pretty quickly I didn't think they were that big yeah so anyway I just wanted to understand more about that being specifically their local establish or originally a local establishment how that comes to play TBC would be another uh potential I know they have other shops that are under different names so I guess they wouldn't technically be the same correct but but if if they wanted to Branch out that could be a problem so I I just wanted to make sure we weren't overly restrictive um um the drive-thru uh requirement I was just curious so is the Dunkin Donuts by Publix compliant with the current current R uh code or the as as as uh had an existing drivethru which it has a landscape buffer on the front yeah so does it's still going to be different because there's different landscape departments now so the landscape requirements before were 10t now it's 15t so I can't say comp oh the setback because you can't see the but you can't see the dri idea obscur okay so it might meet the spirit may not be the exact uh compliant okay I just wanted to ground myself a little bit um oh the Civic open space things that you were showing the slide that you were showing earlier one was a vacant lot right on uh crossy yeah yeah and so that would be easy and I guess the question would be is on the Village Square um is that currently compliant or how does that come into play if if is that completely not compliant or kind of compliant based upon as as the new code you're saying for cic Open Spaces correct correct I don't recall they have any space I mean they have a few benches and some squares and stuff but may not be even so if that's the case then it doesn't meet the 12,000 foot that's there okay all right I just want wanted to get a better example uh waiver versus exception uh you made a comment about um the exception stays with I'm sorry yeah the exception stays with the property and the waiver goes with the business did I see it no the variance that runs with the land yeah variance is an exception is that is is variance an exception no no so okay so variances are more so deviation it's a deviation of the the code related to whether it be setbacks or particular requirements so for example as I mentioned before we have specific requirements related to fences which this board is very familiar with okay and it says that you're not allowed to pass the front of your home well we have some properties in taquesta that they came before this board and seek the hardship and received the variance because that passed that front of the home whereas a waiver differs because it runs with that particular development not really the property property would be more so like a Varian say but it runs with the development so let's say Village Square had waivers whether it be for landscaping or some other type of waiver Village Square got knocked down for whatever reason you bought it or someone bought it and said all right I don't want this anymore those waivers no longer run with that particular property or that that business because it's no longer there let me restate my question then is there's a whole section about special exceptions and then there's a section called waivers corre are they different special is based on use so for example if you have if you look at the code there is a permitted section which says if you come in outright for example in the single family area you're allowed to put a home up you don't have to come before the village and seek any type of additional approvals whereas there are specific special exception uses that say you need to meet these particular requirements it's hard and it might be I don't know it needs to be harmonious or it won't be injurious to the land and things like that and then once once you get that approval from The Village Council you then proceed with your site plan process so if you if the Village Council says that they don't want that particular development doesn't meet the requirements that is that use is not allowed if that makes sense yeah so as if it's a permitted use it's allowed out right special exception use it's allowed but it means to meet the particular requirements and then prohibited means it's not allowed at all gotcha so that's more so with a use perception instead of uh a particular code requirement relief from okay okay okay all right and last question can can you you talked about uh arcade definition when when Marie mentioned arcade I was thinking about the kids you know playing in the arcade and and the gambling things that got busted in think that's what she was was I'm with you so and if that's better off L to educate me AR kind of got my attention was that everything Marco we talk on here about architectural Styles and it says based on this particular guidelines so if someone were to look for a particular architectural style they just go through this guidelines and it has particular requirements that are in here and we're still using that book aren't we right we still have that book right can I can I ask one question or can I can I wait till we close public comments are you all done okay okay we're closing public comments now and we're open for board comments Marie I do have one question um on the waivers when the waivers end isn't specified in here so what do we need to do that or is that a matter of common law or state law something that we're out of curiosity where so if someone were to like partially renovate their building like Dam or dramatically change it but not knock it down does the waiver end at that point or are if does it run until the believe the intent would be to run with the business untils okay development order the part of the development order okay if there's a substantial change to the structure okay but that's all clear and in some other I think there's something that says like 50% um there's like 50% um change or something like that there was yeah and and then they have to go back to the Village Council yeah for for the considered like a new yeah I I will review that item though and make a recommendation if we think it needs to be included within the actual definition okay I just I'm I think that would be good includ yeah because they could come back and ask for another waiver couldn't they then they ask right then they can just return if they needed to if so I think it'd just be good to have clarity as to what when a waiver is extinct or extinguished I feel like it went with the business it's usually tied to the development order so somebody would come in with a site plan the site plan would if approved would would say it would have an order written up by our attorneys and it would say the site plan was approved as submitted with the following waivers and those waivers can be um put into use through a building permit but if they never submit a building permit the waivers you know they don't exist they expire with a development order similar to like a variance if a variance isn't if a homeowner gets a variance for something with the land but they never build it the variance expires development orders have expirations and that's why we also put it here related to the in conjunction with the because with the development order it would have the waivers asso but it's like if you don't you get build but then you don't get the weight you don't get the you can do the wording so that it's you know when the building doesn't exist anymore the waiver is gone but would that need to be in here I I think it might would I'll confer with Dylan and Jay and we'll if need if we feel fit then we'll include It Maybe not maybe we're not sure yeah does that need to be part of any motion or does that happen without okay not not quite ready for that I just make sure my checklist is yeah um all right we do I go ahead go ahead Mar I'm sorry go ahead um on the to since we're we returned briefly to the arcades do do we want to include arcades on us one or no no I think it's formally three or would it be called something else I mean arcade does have another meaning I think these are they they didn't they didn't want something like that during the charet and it was basically because the decimal level and the noise level because it was closed in the way they have them right now is fine and sometimes it is still loud um but it's just yeah I I prefer not to right well and one comment about the arcade if if the building is close to the street 20 ft close to the street yeah the that's the frontage the you would enter the business from the backside so the arcade really wouldn't serve much of a purpose the reason that what I my from my perspective the reason to include them is so that they is to Foster The Pedestrian elements there um so that people will walk down the down I would like to have people walking down us one with trees in between the cars sidewalk sidewalk and then landscape buffer and then arcade with passageways into the business was what through the that was the vision that I think was of having it more um I think right so it's that that that gives it the transition space and the only they can still like Lance said they could still put an arcade in they just have to they couldn't in get the four feet is that correct or I think correct correct yeah they could still do when they just can't encroach for so if they could still do it I mean I think yeah but then you have the problem with vandalism well I I understand what Marie's talking about but like so many of these out here they're too small there is no cut through to the businesses it's you they're well so when it's going to be in a Redevelopment scenario so I think that in that case pretty much everything would be on the table like they could put in a passageway have an arcade and that could probably look really neat to have it would if it was a big enough and yeah well they on so on us one those Parcels are pretty large there's maybe two in the malls right yeah the malls but um but then again you know it yeah I don't know the bit the noise I think would just be bouncing and echoing yeah and all your windows the people behind the windows um that work yeah okay it would be I'll but I do understand what you're saying Mar it's sure problem it looks cute but yeah and it's covered it's a nice area to walk under yeah you know covered Archway yeah you got your sidewalk you know then you have in the evening and you've got vandalism you've got teenagers you got teenagers being teenagers and you don't you don't know I'm just kids of kids I I I do worry about the public safety aspect that's the public that's one reason why we didn't want them was because it was it's enclosed it's it's yeah it's just no I'm sorry I'll say no on the arcades yeah I I understand both your points it's just it's Public Safety yeah okay so um there um we made so many changes I didn't want Genie do you have any comments Liz are you no I I everything has been addressed addressed okay so are we ready to decide what sure can I can I so I've heard a few things that were mentioned as possible recommendations forgive me I've Maria probably a few of yours but um I'll I'll read them out and then if if I miss anything feel free to add to it so there a few scrier errors where were suggested to correct we'll take care of those um update the definition of civic open space to say that the spaces are only open to the public during reasonable hours so that so that that people don't have to allow them to be open all night I think that was yours M Mich uh make it clear that the pzb does review and make a recommendation on waivers to council um make it clear that we do not have to accept the maintenance of Civic open space that we could and you know opt to to not accept that reduce the size um res reduce the size to one acre where properties are eligible to to do a payment in lie of the Civic open space make it clear that Civic open space cannot have artificial turf and then quantify when relief can be granted on the 80 to 20% mix of uses I had one more um I would amend section 78 204a to that's this is the defining or not defining public benefit but the examples of public benefit to remove the strike the language or the phrase high quality architectural design and then leave pedestrian amenities leave no cost dedication of Rights of way but add the word public to it um and then construction of public parking leave that strike public art and then in the last clause or other improvements adjacent to the property pres preservation of environmentally sensitive lands in the village at in the village and provision of public parks Andor Open Spaces in the village and then that put a period there and strike everything else okay I am not in agreement with that I I I like the thought that there being special architectural yeah it all has to come before us in a as a um site site plan Amendment even to get the waiver so we'd have the chance to look at the architectural detail but I'm you know I'm I'm for new stuff and things like that I'd like I'd like the opportunity for people to present but just to be clear this is when is the what would be a public benefit in terms of the waiver so they're asking for something different so they're trying they need to show a public benefit so the problem with keeping the highquality architectural design is that that implies that we're okay with substandard architectural design in other I don't get that at all we don't read it that way yeah I think that you'll find other people do but we have the option to change it and and to get the right to build in the first place it has to be up to standards yeah I think it would be when something exceeds what you would normally see in taquesta right so there's an expectation of what someone has to do let's say that's a eight out of 10 on the architectural scale but if someone came in with a nine or a 10 and really wowed you then you could say well this is above and beyond what we would have expected you to do here yeah but yeah it gives you a little leeway and it's a site it's it's a recommendation for us to do the site plan then it goes on to counsel so you've got like a lot of different eyes looking sure looking at it and um I I know one example architectural detail over on Riverside Drive somebody put in these gargantuous light fixtures out by their driveway it's hideous every time it's been how many years I drive by there I think God that's so horrible I mean to me that'd be an example of something I'd say no no no and you know we've we've had people want to put some hideous color on something oh my goodness you remember that one yes that was awful it was it was like no it's just no you know so I mean she wanted toed would you like to include public rights of way and I remove public art as one of the options we're leaving it in you would like public yeah just I'd like the option for 10 different people to be able to look at it and say I think um I would also I would recommend removing the or mixed uses because mixed jues only apply in the mixed use Zone um and that so they have to have it there um and they should not we don't want it in the other areas it does so other than than that last thing was there anything else and was everyone the ones that I read was everyone generally in agreement with those okay so then we're just down to this the waivers okay um are we not going to recommend an exception for started formula businesses or restaurants started in or near to Questa is that that was the other yeah that was something Marco brought up um when and he said the council wasn't really Council wasn't supportive of it but you guys can always if if you think it's good ide but the council wasn't supportive it I understand that but my question to you is at the most recent Workshop we included a slide that just asked for the council provide us with feedback related to local businesses that either started in Testa or started like in this general area just because as you know there's Hope Sound and uh juper there's Jupiter and things like that so we included that and they weren't too I'd say in favor of that particular yeah well I I do agree that three in the country is a little tight I bet if if it can just be a special exception then I don't have a problem you know if a if a business can be allowed because it's Unique we need it we don't have anything else like it then I don't have a problem with allowing you know they can keep the language of three but I I think there should be special exceptions you know for for businesses that are or restaurants that are would add to the benefit of the people in taquesta really because they're Pro only prohibited only restaurants are outright prohibited in the taquesta drive so so so really it just means three natives couldn't open a second location in taquesta which they likely wouldn't do and for the record um three natives it's their website says they have 30 locations in the works and they're opening one in New York and Arizona so they're yeah they're really yeah the formula restaurants is only for the drive Corridor anyway or overlay overlay yeah that's yes so I I just want to why don't we just leave it as is just leave it as is okay yeah that's because it can be always change down the road if the need arises and just one more thing the code contemplates a lot fast food restaurants and things like that as special exception use so this kind of just keeps it in line with what I'm sorry what say it again so for example Starbucks was a special exception use uh Dunkin Donuts those type of facilities are special exception uses already in the code yes which just keeps it in line with the code is what we're okay just gives it a more defined definition for form business restaurants just leave it as it is and Subway and Subway and okay are we ready to go forward with one point on the waiver provision where we're adding the planning zoning Board in do we need to specify that we need to go back and amend the 22 I think it's 85 to include include waivers just so we have it in both places too yeah we we can do that so there's a there's a provision in the code that that lists the um the powers of the the pzb and LPA and I because waivers is a kind of a new thing to Marie's point we probably should go and go and add that more specific and then just make sure that everything is covered it just means Dylan or Keith have to read another like 20 seconds when they rewrite the organs a little bit okay now Lance did say that the the um waivers would come in in a site plan review or they' come in with a site plan it it'd be part of the site plan we have to review those you have to review it anyway anyway yeah okay so we would be okay we would be covering that too okay so how do we now do we need to read that over again or what can they make a motion based on what I read um or do we need to clarify which ones we're including yeah that's what I'm trying to write one final time here trying to write J oh gosh that's lfic go ahead okay um do we want to do the motion first and then with the following yeah you doesn't he have to read what we want to add on to it correct okay so so let's do that first okay and please remember this will be as as I want J to read it but let me say first this will be as a recommendation yes I know okay okay go ahead so okay so update the definition of civic open space to say that um the Civic open space only has to be open to the public during reasonable hours make it clear that the pzb reviews waivers makes a recommendation to Council on waivers and update section I believe it's 2285 2285 which enumerates the powers of the pzb and LPA um make it clear that the village does not have to accept the maintenance of Civic open space reduce the size where properties are eligible for payment in lie of Civic open space to one acre make it clear that Civic open space cannot have artificial turf and quantify or have have Village Council quantify when relief can be granted on the 8020 mix of uses am I missing anything that's it to what when when relief can be granted from the 8020 mix of uses in the mix use District okay I'll make a motion to approve the recommendation to recommend approval yeah to recommend approval with the conditions read into the record with the conditions with the conditions that Jay just said read into the record yeah yep I'll second that okay um we have before us the a motion to recommend approval of ordinance number 1-24 with the conditions right into the record and by J okay and U we can all in favor I all opposed motion carries thank you thank you good job great job and is there any other were before we adour we do not have any staff updates tonight no staff comments okay okay and okay do we need public comments before no I'll make a motion to adjourn I'll second it all in favor I I'll oppose I think we should stay till tomorrow okay I don't think my back could handle it so sorry