Architectural Review Board - Regular Meeting

Let's go ahead. I will call to order our architectural view board meeting here Monday, June 29th, 2026. Hope everyone's doing well. Let's go ahead and stand for the pledge. OK, Kelly. So next on the agenda, we have appointment of chair and vice chair for this next coming year.

So do we have a nomination for chair?

I'd like to nominate Stacy Summers as chair.

Are there any other nominations for a different person for chair? No. Okay. So we have a first. Do we have a second?

I'll second.

I'll second. All right. And all those in favor? Aye. All those opposed? Hearing none, congratulations. Thanks. Thank you. And do we have a nomination for vice chair?

I'd like to nominate John Green.

Okay.

Thank you, Mary.

Are there any other nominations for vice chair? Okay. So we have a first. Do we have a second?

Second. Second.

All those in favor? Aye. Aye. All those opposed? Hearing none, congratulations. Thank you. Thank you. Thank you.

Or condolences.

Thank you. Or condolences, yeah.

You're afraid someone's going to have to use it? So you jump in first? I got you.

I like how she just jumped in with that. Perfect. Damian, Kelly, do we have any additions, deletions, or reordering or anything of tonight's agenda? No. Okay. Okay. Can one of you swear in the speakers for tonight, please?

Sure. If you are providing testimony tonight, can you please raise your right hand? Do you swear to tell the truth, the whole truth, and nothing but the truth?

You are sworn in. Thank you. Thank you. Board, is there any ex parte communication?

Yes. Go ahead.

I did do a drive-by and looked very carefully at two of the applications, the Florida Center for Aesthetic Dentistry signage and then the mattress warehouse signage.

Okay.

And I can be fair and impartial.

I also drove by and took a good hard look at the mattress warehouse and center for aesthetic dentistry.

Can you be fair and impartial?

Yes, I can.

Anyone else? I drove by both as well. And yes, I can be fair and impartial. OK, so moving on to new business. ARB-394, petition number 2026-0016-ARB, 1641 South Club Drive, alternative design. Before we get started, I'm going to pass this on to you. Can we just tap on it? That's our order of things. So you're going to take your first vice chair business. I need to recuse myself, as I have a business relationship with the owner of this property. I've sold him his house where I've received funds. So I'm going to step in the back, and you all can get me when you're done. Okay.

All right. Kelly, before we get into some of the business here on this particular issue, you know, we've seen a lot of these pergolas come to this board, and I thought we gave direction, and maybe it just hasn't evolved to that final approval yet with council or whatever the process is, but we're still seeing the pergolas come in.

So, yeah, so we did look at the text for the zoning text amendment for the pergolas to be approved administratively. It is going to council for first reading tomorrow night. And so unfortunately, you are seeing a few pergola applications because the text hasn't changed yet. And these are just a few that kind of are in the middle.

I just didn't know if there was something I missed. But all right. So we're all still moving in that direction. So these... Okay. Staff giving a presentation?

So the owner, David White, at 1641 South Club Drive, is located in Lakefield. This is Lakefield North. And they're requesting approval of an alternative design for a 16 by 12 solid flat roof detached aluminum pergola. The property was purchased just recently and consists of a single family residence and pool. The owner applied for a building permit for pergola, but zoning returned it as it did not match the principal structure. And our code requires all accessory structures to match with colors and materials. And any alternative design would require ARB approval. This is the existing conditions of the house, and the temporary pergola is where the proposed pergola will be in this picture. Again, this is the survey showing where the pergola will be. It will be located directly behind the house, not visible from the street. And this is just an example of what it would look like. It would not be injurious to the neighborhood. It's located directly behind the house and it's screened by the neighboring lot because it's a zero lot line property and the side of the house is directly on the side where the pergola is going. And it's the minimum alternative needed to accomplish the look and privacy the owner is attempting to achieve. It meets all the required setbacks and the combined flat roof on the property is below the minimum or the maximum that we are proposing in the zoning text amendment. And it says HOA approval pending, but they did receive HOA approval. And for this one, because of it being postponed at the last meeting, so it delayed the project even more, we did advise the owner that because of the pending zoning text amendment And because of the delay, we offered to give him a building permit at risk. So he would get his building permit knowing that if something were to happen where ARB somehow didn't approve their permit, request or the zoning text amendment didn't get passed, he was aware that he would have to possibly change it. So he did get a building permit, but with knowing that he possibly could have to remove it if something weren't to get approved.

But if it gets approved by ARB and council doesn't pass it, he's still good.

He still has it. Yep.

Yeah, he wouldn't have a problem.

Yep. So and that concludes my presentation. And these are the conditions of approval that are listed in the staff report.

Is anybody speaking on behalf of the applicant?

mr. Smith is here or mr.

I'm sorry mr. white is here if you want to add anything okay that being said I guess we'll make a motion open up public hearing having no cards or no comments from anybody make a motion to close and I think my only question, David, if you could come up for one second, and it doesn't necessarily impact my feeling, but the way the application is presented, at least your HOA approval, you're doing a 12 by 16 pergola, which, Kelly, you said falls below the maximum size that we would allow that's being presented to council. But you're doing an island, 12 foot by 12 foot kitchen island?

Or is it an L shape? It's like an L shape and then with a tasting table, yeah.

OK, all right, because the way it's written is 12 by 12 island, which, OK, so it's 12 by 12 by 24, probably. It's inside underneath the priority, yeah. Gotcha. I just want to confirm that.

Yeah, so like a galley kitchen, yeah.

All right. Anyway, any comments from any of the members? Questions? All right. I guess at this point, I'll entertain a motion.

Motion to approve.

OK, we have a motion to approve. Is there a second?

Second.

Motion and a second. All in favor?

Aye.

Any opposed? Hearing none, motion passes.

Thank you. I'll send you a letter tomorrow. Have a good one.

Good luck.

And so that will probably be the last one that you'll see.

We'll wait for Stacey to come back. I don't know how you do it, Stacey. Nobody called. Okay, shoot. It's all yours.

Okay. Okay, so moving on to ARB-401, petition number 2026-2026. See, I'm already out of it. 2026-0025-ARB, mattress warehouse signage at Wellington Green, MUPDE.

Good evening. Damien Newell, Planning and Zoning. Again, this is the Wellington Green MUPDE Mattress Warehouse Petition Number 2026-0025ARB. This project, as the board is familiar, is located in the previous Office Depot building, and they are requesting signage for the mattress warehouse. The parcel is approximately 10.25 acres. It has a regional commercial and a multi-use plan development zoning. This project was approved last year by staff to expand the Office Depot location, and they also received approval from the ARB for the exterior modifications, which also included the signage for the four tents that are proposed within this building. Since then, they have narrowed down the tenants, and more specifically for Suite 103, they have a mattress warehouse tenant that is looking for to deviate from the allowed sign area. So these are the proposed signs along the north facade, which is the principal facade, and the east facade, which is located along State Road 7. The deviations that they're requesting are for the primary wall sign along the north facade. They are requesting deviation from the sign area. The deviation in this situation is only three square feet. And they're also requesting to deviate from the sign height, which the code allows a maximum of 30 inches. They are at 59 inches, so a 29-inch deviation. And the secondary sign, which is allowed, as the board may recall, at 50% of what's allowed for the primary wall sign. So in this instance, they are requesting a deviation because the sign height as boxed and shown on this slide is at 41 inches, which allowed is 15 inches. So they are requesting a deviation of 26 inches. this does conclude staffs presentation and we do if the board does approve it we provided four recommended conditions of approval which are in your staff report the applicant is here with a presentation if you'd like them to review it or if you have any questions thank you um if any of any if you would like to come up and say something and if you are gonna talk if you could just please say your first and last name

First of all, I'd like to thank every single one of you for being here this evening. I know you'd probably prefer to be with your families, so I'll make it quick. My name is Fabio. I'm here on behalf of JBL Asset Management. We own commercial properties in three different states, and I'm here for the Mattress Warehouse deviation. You guys don't know who I am. My name is Fabio. I'm a project manager. You might know who Michael Rem is.

He's usually the one that takes care of these meetings, so he extends his apologies for not being here.

I'm the next best thing, I guess.

Me too.

So before I get into my request, I'd like to show you guys a little bit about our construction project progress. So like Damien said, we got the approval to expand the building into four different spaces, enclosing one of the loading docks, which was a very impressive project in my opinion. Tilt wall was built. The loading dock was flush level. We added new storefronts, windows, landscaping. We're actually on track to completing very soon. We're really happy with the progress in the timeline. These are the renderings that were approved. And I added a couple pictures so you guys can see the before the approved renderings and what they look like as of Friday of last week. That's from the north elevation. This is the east elevation. then this is the west elevation for suite 104. We signed a lease with Mattress Warehouse, which is the reason why we're here. And we're complying with every single ARB approval that we did on October of last year. There's just a couple points, like Damian pointed out, the height of the signage that we would like to increase for the north and the east elevation. So you might be thinking, why don't you just Why don't you just put the sign into the approved deviation. We actually apologize. We did not know that we'd be getting a tenant that has this amount of letters, mattress warehouse. I mean, it's a very rare occasion. So as you can see, we have a a sign ban of allowable 20 feet. So it would actually run across because it would be about 32 feet. And we'd like for it to be up to Wellington's standards. So I added some of the tenants we have in the shopping center that that sign ban would work for. And as you can see, not even in my presentation mattress warehouse fit. So these are the LDR code standards prior approval and the proposed measurements we're requesting. So it would be an increase in height and in the square footage by three square feet. So we comply if it came down to code on every single one except for the height. And this one's for the east elevation. Also increasing the height, as I've said a couple times now. But we are, the physical appearance is channel letters, aluminum retainers. It's a beautiful sign that we're proposing. And the lease is essentially contingent upon this variance approval. So it could mean that the tenant walks from this deal. I really appreciate the time again and hope you guys are happy with these renderings, how they look.

Thank you. Thank you. Thank you. At this time, I'll motion. Did you? Yeah, sure. Come on. Yep, just share your name, please.

No. My name is Juan Restrepo. I'm the head of leasing for the company. And I will tell you, thank you, Fabio, for showing all this, kind of establishing the base. Honestly, these are great renderings. You can see the signage. I wanted to drive home the point of what it is that we're really asking here. I think you saw a lot of information. But there's about 40 feet of frontage of the storefront. And when we did these signage approvals beforehand, we didn't realize, obviously, that it's kind of cut in half because there's a facade that goes front and there's a back piece. So, obviously, their signage would adhere completely to the village regulations if they just put it across. It's 40 feet. I mean, that's what they're allowed, what they're putting on here. But because of that difference in the facade, they have to stack them. And so because they have to stack them, even though both rows of letters are the appropriate size per everything that was approved by ARB, obviously the height now doesn't approve because they're stacked one on top of the other. So I just want to drive that point home. This is all we're asking is... know unfortunately the the first time we came we didn't realize that it was going to be a long and we didn't realize of course it's 40 feet but unlike the yoga joint one where it's a similar uh frontage their whole frontage is in one part in one facade in this case the mattress warehouse is in essentially two facades and we can't put mattress on one and then warehouse on the other because it would look strange they are just not level. So that is all really we're asking for. I appreciate your time. I wanted to just drive that home. Hopefully it makes it a little clearer. I appreciate everybody's time.

Yes, thank you.

While you're standing there, before you sit down, is there anything contingent upon your lease that the signage has to be approved for the lease to be valid? Or is it just like, you know, they've signed the lease, they're moving in, they'd like to get the sign they want, but it's not contingent upon it?

Oh no, it's completely contingent on this because the fact of the matter is that if they were to adhere to the specific CHI requirements while stacking their letters, you would not even be able to see the sign. Unfortunately, that's what would happen. Because if you can imagine where you see signage there on the right next to the yoga joint, imagine mattress warehouse in that small space, like stacked. You wouldn't be able to see the lettering. Obviously, they're a major retailer. I don't know if you're familiar with Mattress Warehouse. They're not as large here in Florida yet, but I've developed all throughout the mid-Atlantic. They were huge over there. So they're a big national brand, similar to Mattress Firm. And they've actually acquired quite a bit of mattress firms. We like their use for the project. Sometimes it's difficult. Obviously, everybody thinks that owners of real estate, all we want is money. Oh, whoever's going to pay the most rent. But honestly, what matters to us, and we're long-term holders of real estate. We're not flippers. We're not just developers flip and sell. We want this to be a legacy asset. It's going to go on forever. We're going to own it for the foreseeable future. So we wanted the best tenant mix. We feel like we put that there. Yogi Joint was a great use. But you also, as owners of the project, have to balance the uses and the parking. That's one of the main things with merchandising. And in this case, we have... A mattress tended to seem like the perfect fit because they don't take up a lot of parking. We wanted to make sure that it was something that fit within. Yoga joint obviously is going to take up a good amount of parking a few times a day, but they're more of an evening use. We have the other medical uses that are really a nine-to-five uses. So we put a lot of thought into merchandising and tenant mix here. We would love to get this deal done with Mattress Warehouse, and we're here at your mercy, as you will. So just pleading on that. Do you have any more questions for me?

I do. I mean, I'll open this up to the other board members, but I wanted to kind of confirm that, but it seems like a very sort of tough requirement for this lease to be valid, that if they can't deviate from what the code currently allows, that these guys are going to walk? um yes interesting okay we can we can provide the the section if you will of the contingency of the lease unfortunately it's the only way it happens look i think most of this board's probably in real estate so we get it um um but it just didn't i don't know that came to my head and i wanted to just see if there really was anything contingent upon this deal we fought we fought to not have it but unfortunately that's the way to the hand we were dealt

Okay. Thank you. You may want to stay up there for others. Yeah. I'm going to go ahead and motion to open to the public.

Second, please.

I'm going to go ahead and motion to open to the public. Thank you. Any comments from the public?

thank you hearing no comments from the public I'll go ahead and close the motion board did you have something yes couple of questions in this picture right here I've seen red lettering on the north but on the east it looks like it's black that is correct that is to adhere to the ERB approvals it doesn't allow for a red lettering on the side facing state road 7

only on the side facing the north. If red lettering is an issue, I mean, I know that they'll back off of it.

It's not an issue to change.

Is that true, Kelly? Or Damien? I'm sorry.

Correct. That was a condition of approval at the last ARB meeting. for the signs along the east facade to be the same colors. The concern at that time was the amount of signage on that elevation. And one of the items that the applicant did agree to was having those signs be all the same color. And also, if you recall, having the ALO effect at nighttime, halo effect at nighttime, for the signs to be backlit with white lighting.

Okay. Keeping on that, Fabio, can you go back to the one slide where you showed the other renters or tenants in that area? You had Four Eyes, you had... Flanagan's. Yeah, there it is. It's just, to me, this red just like jumps out. Not only are we looking at a large sign, we're looking at a big red sign.

Am I allowed to speak?

Yes. I don't know if I'm able to speak. Go ahead. Yeah, they actually can make it white on the front facade as well. The only reason why it's red is because that's their brand colors and there was nothing preventing it from being red in the code. But I know that they'll make it white if that's a condition. It's not a problem.

It's not a company color. It is a company color. That's their preference.

That's their brand.

What I'm saying is, you know, to get the approval, if that's something. It's not a deal breaker. Yeah.

Damien, is there an issue with color as far as the city is concerned? No. Okay. Just curious. Okay. Okay.

i can echo the applicant's perspective that that is the brand that i recognize from being from the mid-atlantic it is red lettering yeah did you have something else maria

Driving by it today, you've got on that north, you have the smooth section, and then over on the east side, you've got lines going through the, how do you call it, the facade. Yes. So the warehouse, mattress warehouse, would go all the way to that edge, correct? Correct.

I don't believe it would go all the way to the edge, because it still has to adhere.

It's more like that, like what it looks like there.

It'd have to be centered. It'd be centered in that section. Because there's still, you can't be so far into the edge. So we're trying to obviously be as conscious as possible.

If it's shorter than the approved length, this would be 16 instead of 18.

Length.

16 linear feet of length. Okay.

Lily, did you have a question? No.

Yeah. I just wanted to offer one, I don't know, observation the for staff would be helpful being new to the to the arb there was mention of the prior application that didn't mention anything about vegetation and i noticed in the photos there was a lot of vegetation there in the existing condition along with a lot of overhead power lines that are not reflected along state route 7. so it would have been helpful if there was a note to reflect that change had been approved just so it was clear that The site landscaping and other elements were addressed in the prior application.

That stuff probably isn't in there because it has nothing to do with the sign. It has nothing to do with what they're bringing to us now.

For the sake of this application, I noticed the area along State Route 7 that there was vegetation blocking the area where the sign would be mounted. So just to have that clarity that the prior application... addressed that and it wasn't subject to an approval that the city's already taken action on from an ARB perspective would have been helpful just for my sake coming new to this application I appreciated that the applicants only coming forward with the you know total surface area three square foot in addition to what it's our standard here in the village so I appreciate that the applicant put forward an in-brand sign package that I personally find would be appropriate and in context with the surrounding development and signage elsewhere on the site. So I'm personally supportive of this particular application based on those facts. While the height is considerably larger, I don't have an issue with that. It seems appropriate and in context to the site.

What about the color?

And the color I because I know from experience mattress warehouse that's their brand that's to me an instantly recognizable color for their brand. I would be supportive of the red. The I wasn't familiar with the black on the state route 7 side, but it sounds like a inappropriate as long as there's consistency along state route 7 that that would be appropriate.

I'm just concerned which with the aesthetics of that whole shopping center.

Yeah, and I'd say also Office Depot's brand is red, if I recall correctly, so it would basically replace a red sign with a red sign, so that's also kind of in keeping with what was there before.

No, Nathan, you bring up the vegetation issue. I mean, driving by today, it didn't look like there was a lot, maybe because of construction going on. I don't know if that vegetation's been cleared, but your renderings looking at it on that east elevation show significant vegetation. So if all that vegetation's going to be there, how visible is that sign really from State Road 7?

Well, actually, yes, we did have permits. We had to remove some vegetation in order to install the new one per what was approved. So how visible it is, I mean, we wish there wasn't any vegetation, to be honest with you. We wish it would be more visible. But unfortunately, you know, it is from a property owner's perspective, we would just want to put some palm trees in there and allow everything to be visible, I believe. The village was the one that said, you know, you have to have all this vegetation. So we will adhere to what the village has demanded. A brand-like mattress warehouse is going to need the signage there regardless. Their lease is not contingent on how visible that signage is, essentially. It is what it is. It's what the city will approve. So if you want to give us more visibility from the road, we will take it.

Well, that's not our purview here is this board to decide on vegetation. But, you know, as you drive around the village of Wellington, you look at the landscape and you look at the vegetation, there's a reason why Wellington is Wellington and other communities, you know, sort of strive to look as nice as Wellington. So, you know, we've spent a lot of time looking at this particular site and signage on this building and we've added a lot of signage that wasn't previously there. And if the comment is, it's really only a little bit of an ask above what we're permitted to do, I can counter the argument and say, well, if it's not that big a deal, why don't you just do what you're permitted to do by code? And we call it even.

You mean in terms of the signage variance?

If your argument is that the deviation isn't really significant, it's only three feet or 30 inches, whatever the maximum deviation is, three square feet, why not just do what you're permitted to do and make the sign that fits the standards?

Well, if that were the case, we wouldn't be here. Here, what we're coming here, you know, in front of you to ask for is the fact that because of the particular conditions of this space, what I mentioned about the differences in facade, it's 40 feet in width, but it's really split up into 20-foot facades, right, two 20-foot facades. So because of those particular conditions, is the reason why we're here. It's not because they couldn't adhere to the signage. They really could and that's what their intention was, to make it all across. If they were in the yoga joint spot, we wouldn't have to come here for this variance, unfortunately. Because of the way that it's shaped, which I do think it brings a nicer aesthetic to the building. Just in my personal opinion. And obviously all the different upgrades from what it was previously as an office depot. I think that it was dated, didn't look that nice in terms of the village. Now we're getting a, essentially looks like a completely brand new building to the aesthetics of the village, to the beautiful landscaping, to the, you know, the beautiful colors, the, you know, the little, the awnings or what do you call those specifically? Yeah. The metal awnings, just very nice, beautiful. Also hail lit. It is the ones on the road is black during the day, white during the nighttime. The front ones are also going to light up beautifully during the night. How visible is it really going to be from the road? I don't think a lot of the signage is visible from the road because of the way that, you know, look, I live in Coral Gables. Same thing. You know, you love I love vegetation is the reason I live there. Right. Like I love the the atmosphere of just driving in. And I'm originally from Columbia. Got nature everywhere. You got trees everywhere. So trust me, I'm I'm I'm a huge proponent of it. And I'm not asking for anybody to take away foliage here. In this particular case, I wouldn't minimize what we're asking. I know that you guys have to consider it and it's not something you just rubber stamp. It is something you have to put some thought into. But I would say please consider the particular situation here. We didn't think, maybe it was just an oversight and we apologize for that in the first ARB to not really think about the fact that, you aren't going to be able to fit a sign. Since it's a 40-foot facade, we probably should have just popped up the whole facade, but then it's just going to look like a box, and it wouldn't have this architectural feature that it has today. So it's a give and take. I would just plead with the board to please consider that this is really a one-off situation that we didn't foresee.

Yeah, and like, you know, I like the Stack logo better than it's sort of all sort of horizontally across. That's personal opinion, and I think you guys did a nice job with the building, the architectural details. You know, it looks clean, fresh, updated. It doesn't look like something that was built, you know, 25 years ago, so I do appreciate that. You know, my point and my position sitting here is, you know, I kind of look at, you know, all the variables that we've discussed that, you know, staff and everybody's put into creating standards for this community, and how we tackled this once before. And the two things that stand out for me is, one, the deviation isn't that significant, so I can kind of talk myself into going either way with this. Being not that significant, just comply with what the standards allow, and you wouldn't have to come in front of this board. and i say that because as i drive by and i see currently it's pretty open so that visibility that eastern elevation is significant but you know that's going to change once you get all your landscaping in to get your ceo and so the visibility of that sign east facing is really not going to be that significant so um I just don't know why we need to modify your request to meet the code when the code allows you to do something that's very, very close to that. So that's my opinion.

OK, so I have a question for you, Damian. So looking at under the primary, the north facing, so they're allowed 32 feet in width. Is this correct? And they're using 17 feet. I'm looking at the chart on my paper. So they're allowed 32, but they're using only 17 feet. So they're not using 15 feet that they're allowed when it comes to the length. So then the height, they're allowed 30 inches. So they're looking for 59 inches So they're looking for 2 feet 4 inches in height and giving up 15 feet in length overall.

just wanted to make sure i think reading that right and the important part of it is as we as we discussed is the proportion on the building and the layout obviously the stack layout is the best option in the situation and if they were to do what was approved you probably end up with a sign that maybe is much smaller and not necessarily aesthetically compatible with the space that they have And then the other thing that we talked about was the landscaping. The landscaping, what was there before versus what's proposed now, it does allow for openings so that you can see the signage, meanwhile softening the facades a little bit. And they do have more palms versus what they had before, which were the ligustrums, if I remember correctly, that kind of covered that entire facade. So it's going to be a different aesthetic look and still provide some visibility while not overtaking the space with just signage. I think there's going to be some breaks, some openings along that frontage.

Thank you. Any other comments?

I don't like to kill real estate deals. We have attorneys to do that stuff. So I don't know if I have enough of an issue with this to cost you a tenant. So I think the stacked look is much better. And it's not that much of a deviation to really

get me to worked up so I would support it yeah there was a lot of other colors when they showed all of that like when you talked about the colors yeah okay so if there's no more discussion or if nobody else has any more questions or thoughts would anybody like to make a motion please confirm something so the way it's being presented it's the red mattress warehouse lettering stacked on the front and black on the east-facing correct

I'll make a motion to approve 2026-0025-ARB. I'll second.

As per staff's recommendations.

Staff recommendations, correct.

And we have a second. Okay. All those in favor, say aye.

Aye.

Any opposed?

Yes.

You have that, Kelly? Okay. Thank you. Motion carries.

Good luck, guys. Thank you.

Thank you so much for your time. We took too much of it.

Thank you very much.

Thank you. Have a good night. Okay, moving on to ARB-400, petition number 2026-0026-ARB, Florida Center for Aesthetic Dentistry sign.

The applicant is going to be here, but they're not here. So it's really up to the board whether they would like to hear the item or if we postpone it to the next meeting. I'm just kidding.

I'm always the bad guy. It's all right. I'm used to it.

We love it. We love you. Am I allowed to just ask a question? Sure. You are. Since we drove by it. It looks to me like the change has already occurred. Correct. It has. Is this another at risk?

No, it was just done after they installed it and they applied for the permit and they didn't know that they had to get a permit for it because it was just such a... sign company does yeah so yeah but they're not here so it's up to the board if they'd like to hear the item or if you'd like to if you want to postpone it to the next meeting so if it's already up and we postpone it so their building permit is still still hasn't gotten approved yet so I don't know if they have a code case on them but everything just they can't close out anything so

Well, that being said, it's interesting that they have so much at stake, and yet they don't feel it's important enough to show up in front of this board and plea their reason why they did this.

They confirmed attendance, so I don't know. That's why I was looking at my phone just to make sure I – but they did confirm it on Friday, so.

Well, I personally have no interest in hearing this.

Maybe something, gosh forbid, happens. Yeah. Are you making a motion?

I'll be happy to support kicking this down the road and giving them three days. Could I offer a question before we move on?

We can discuss. Go ahead.

Just a staff question. I noticed in the staff recommendations, there was discussion about a lot of pre-application, like prior to fabrication, prior to installation is the way that it was phrased in here. Am I reading that incorrectly? No.

i can find it on the page i was looking electronically so so the conditions um the condition number one which just explains like the deviations that were that were uh requesting and approving um and then condition two is just a generic um two and three are pretty much generic um Where, two, is they're required to have a permit prior to installation. Again, that's generic. That's how you're supposed to get it. And three, that they have to get this approved plan prior to the installation. Again, these are kind of like generic conditions that all these signs get. But because this was after, kind of like after the fact, we still have to apply these conditions to it.

So these are just basically...

Generic conditions, but they're not and they need our inspection after they install it Yeah staff doesn't take the extra step to say you guys did this without permit and you know provide that clarity in this For corrections through building permit, so I mean we aren't code enforcement so I mean I the conditions really can't be, like, penalizing them.

Okay. I just wanted to make sure I had the correct reading.

Yeah, because then it would just get moved on to permit and stuff. So the only thing we're looking at is as if, like, we can't look at it, like, we're not here to say, oh, you're bad, you did this, so we're not going to, like, you're not getting a permit, you're not getting this. We're just here to say, based on this sign, and We can take into consideration per se that they did this without coming in, but at the end of the day, it's are we going to approve the deviations that they're asking for as if they didn't put this sign up? And then whatever we decide about the sign itself, then it's up to the city permitting building and them to then... Do whatever like if we say no that's gonna take them down a whole other So presumably the next step if this board were to say no as a code enforcement to go out Yeah

Typically, you know, the penalty is if they get something out of permits, when they go and file their permit, it'll be four times the permit fee. So, there are some costs associated with them sort of not doing this the right way. You know, my big issue is the fact that, you know, they know that there's something at risk, that they've spent money, and honestly, aesthetically, If I didn't know there was some deviation from what's permitted, I wouldn't have a problem with their sign. My issue is the fact that they don't take this seriously enough to show up here. So I'd love to make a motion to postpone this if I can even add a condition that if they miss the next meeting, this board denies that. I don't know if we can do that. I would make a motion to see if there's support for that, number one. But I don't know if that's a condition that we can add.

I can ask. I was going to say, I don't know if we can because people don't have to be present. That's an option for them.

I realize that. And if it's a normal case, but when you've already done something that you need permission on, I would take it more seriously than they're taking it.

Oh, yeah. So I don't know. You would have to find out if that is something that... Just to make sure, is that something we require?

No, it's more conversation, Kelly, than it is. I want these guys to know I'm not happy that we spend our time to come here. They've got a business in this town that we want to support, but they need to take these code situations seriously. And their absence, I think, sends a message that I'm not very happy about.

Well, on its merits, I have questions for the applicant, so I would not be inclined to support without having my questions answered. So I agree with you, John.

Okay, so we have a motion to postpone.

I guess postpone, and that's what, 30 for the next meeting?

Yep. I'll second. Thank you. Okay.

All those in favor? Aye. All those in favor, aye. Aye. Any opposed? Hearing none, that motion carries.

i trust kelly you'll let them know the sort of tone of this uh yeah application um okay any comments um any other comments kelly um we do our next meeting is july 22nd we do have a few items that are going to be on that meeting we have some elevations for the newly annexed artistry lakes which is along southern boulevard

What's it called again?

Artistry Lakes. It's just east of Arden. Artistry Lakes.

Has everybody confirmed their dates? Is that a problem for anybody, the 22nd?

I can send out a reminder to see if everybody is in town.

I'm out until the 25th.

Okay.

You're out too?

I'm out too.

Are you out? I will have to confirm. Okay. I'll send an email, and if you guys could just send me your summer schedule, that would be great.

Okay.

and we can um there's an extra week in july so we could probably move it to the following week if that was that's an issue um we have possibly r b tennis facility they're getting they're going to council um July 14th and they wanted to be on the next possible ARB meeting. So if they get their approval By council on the 14th, then they'll be on the next ARB meeting and then the Florida Center for aesthetic dentistry and We have a few mall applications as well Thank you, it'll be busy.

Um any comments from the board? I

I just want to touch on one thing because leaving some of these sites obviously took me around the mall, and I couldn't help but notice that big red around JCPenney, around their doors.

What's going on with that? I believe it's still in code. I don't think they ever came back. They never came back, but they are.

I missed a meeting, so I wasn't sure.

What I can do is I can provide an update tomorrow. I can double check, but I believe they went to magistrate and they are in violation. So I could double check, though, and send you an update tomorrow.

I'm more curious. I know at this point it's kind of out of our hands unless they come back to this board. And that's my issue with the, you know, the dentistry sign is like, you know, people are getting into this pattern where if we just do it, we come and we either sort of ignore the process or, you know, we ask for forgiveness and, you know, we get to keep it. And then when you don't show up even to express your sorrow for not following the rules, it just doesn't sit well with me.

Question for this since this is our first meeting for this fiscal year Our meetings are on which days of the week typically what are what is our schedule?

So our meetings are the fourth Wednesday of every month at 630. Okay, this was just one off because we had some we had some conflicts with the one item and they are already postponed and So we wanted to get as much people here as possible. And it was at 7 because we did have council agenda review. And luckily, I did push it to 7 because they were still in there at 6.30. Okay.

Thank you. I just want to make sure that we all knew what those windows were. Fourth Wednesday at 6.30. Fourth Wednesday. Okay.

If we could do the fifth this year, but you'll send out an email, but the 29th works better.

Yeah, I will send out an email with the JCPenney's update, and then asking for your summer schedule.

Okay.

And just an update with JCPenney's, what happened was they wound up, if you ever drive around the mall, they painted their entrances on all three sides red and gray, and they installed a really big sign with... They painted the frame of it without our approval. And any changes that are done in a commercial project has to come to ARB. So you'll see some small requests for signage, like we saw today. And you'll see some requests for complete exterior renovations or exterior color changes for projects. So in that instance, they were supposed to come in for signage approval and exterior elevation approval. They did the updates, they got code on them, and so now I'm just going to double-check to see where they are. They came once.

It was like an assistant store manager, someone that had no authority. He was just here and he seemed lost. I felt bad for them.

They did come, they applied, they came, but then we postponed them because they needed to do a little bit more research and provide us alternative designs. And then we just haven't heard from them since.

They came after they had already painted. Yes.

Yeah. Yep.

Yep.

I would say that was probably a year ago.

Yeah, it was a while ago. I know it was like last year. But I know that the last update was that the code case was still active, and I think it was going to magistrate. But I will double check tomorrow.

Okay.

Thank you. Any other comments? I do have a question, Kelly. So does it happen a lot when these commercial tenants do that? Like is there a reason why they don't know? I don't.

feel like often not that often i mean sometimes you get homeowners also that it's because you'll see homeowners too in here that come in i feel like it's more homeowners yeah for fences a lot you get a lot of fences um you'll get well we had pergolas but we don't we won't have any more

We were getting so many pergola requests that we said, why don't we just make – we kept approving every one of them, and they were all the same. I think there's one company that does pergolas in Florida, and it was always the same company coming in front of us.

So I think the board said – I think like two meetings ago we said, can we just – Just make this part of – Because we've got a fence board and a paint color board into this, so can we go up and we add pergolas to that? Yeah. To that board. It's everybody's.

so frequently requests you get are fences alternative fence designs you'll see vegetation yeah edges yeah hedge heights you'll see um you'll see sometimes painting people paint without um without getting our so we have an approved color chart um in the lobby that we worked really hard on a couple years ago and um so you're not required to get a building a permit to paint your house but you are required to get to paint the house one of the colors on the board. So sometimes people don't know that and they paint their house a color that's not on the board and their options are to come here and add the color to the board for the entire village or to repaint. So you'll see that sometimes and a lot of times it's done after the fact.

Those were fun meetings.

I can think of one in particular that I remember.

Yeah. Well, I'm just wondering, like, to save, since we have so many new communities and, you know, with, like, all the new development happening, is there like a booklet when they come in, like a new person, like a new homeowner coming in to open, turn on the water? It's like, Hey, by the way, here's the booklet. And you know, if you want to do anything exterior, you might want to.

There's not, I've mentioned several times I've brought up to many different like people saying that when the first water bill comes out, when there's like a new homeowner, I feel like there could be like a flyer insert. Not that they're going to do it, but at least the city can then say, Hey, we sent out to you. So it just says like, If we're going to do color, if we're going to do this, we're going to do a couple different things. Like, hey, this is what happens with the city.

A lot of people opt for paperless billing. So I don't get a bill in the mail.

We do do a lot of PSAs. They get their first one. We started two just recently. So we did recently do a painting one, which are on our website and then on channel...

A lot of people watching Channel 18 at night?

Yeah. Or if you go in our lobby, I saw my vegetation one that I was in last month. So we do have... We are, you know, making... PSAs for the community, and we post things on our social media a lot too, but we don't have like a welcome packet.

But typically in those planned communities, I mean, the developers know, you know, what's permitted. You know, I mean, even before they get into the sales cycle, you know, all of those elevations and the master plan of, you know, colors, roof, materials have all come before, you know, ARB. So there's probably not a lot of options for homeowners that are just moving into some of those planning communities.

I think it's more in the non-association communities because they think, oh, I'm moving in here. I don't got to listen to anybody. There's no rules. I can do whatever I want. Little do they know.

Well, that's how I met Damien 12 years ago. Because when I moved to Pinewood, I didn't want to be in an association. So I figured, you know what, it's Pinewood Estate. There's only 33 homes. But then we removed four dead trees because we bought a short sale. Oh, you got a violation. I got a violation. And then I met Mr. Damien.

And I said, I didn't know.

I took a picture of the dead tree. So he actually said, oh, okay. Because it was. It wasn't taken care of.

So just real quick, do we have any more, are there any more comments or anything in regards to what we've talked about or coming up, anything?

I think so.

Okay, meeting adjourned.

Good.

Thank you.