Planning & Zoning Board - Regular Meeting

Good evening. This is the planning and zoning board meeting for October 24 21st, 2025. I'm Kathy Herd, the town clerk. And if we can all please stand for the pledge of allegiance. I'm going to take roll call. When you speak into your mic, if you can please hit the button first and speak directly close to your mic when you do speak. Member Brown is absent. Member Elliot.

Member Kula Kowski. Member Ross is absent. Member Sutton present. We have a quorum. Our next item on the agenda is elections of chair and vice chair. Do I have a nomination for chair? You are able to nominate yourself. Nominate. We can nominate Zach even though he's not here to continue. I believe so. Yes. Nominate Zach as chair. Do I have a second? I second.

All in favor? I passes. Do I have a nomination for vice chair? Uh I uh I nominate Michael. Do I have a second? Second. All in favor? All right.

I will now ask the vice chair to take over this meeting. I do have a moment. All right. So we'll open for public forum. Uh is there anyone present who would like to speak once? All right, I will close the floor. Next on the agenda is approval of minutes. Are there any questions or comments on the minutes from November 19th of last year? I have none.

Can I have a motion? I move that we accept the minutes as written from the November 19th, 2024 planning and zoning meeting. Second. I second it. All in favor? I I.

Any opposed? Motion passes. New business. All right. So, first on the agenda is Brley Farm phase two, first amendment to development agreement and preliminary subdivision plan. Brad Cornelius with Wade Trim will present this item. Yes, sir.

Thank you, Mr. Chairman. PowerPoint. So, thank you again. I'm Brad Cornelius with Waitrim uh serving as your contracted town planner and also so you know with me is Sarah Masses. Also with me at Waitrim and she's also one of your contracted town planners. I'll tell you Sarah does most of the work. So what the first case we have for you tonight is as the vice chairman said is Brley Farm phase two. Um so a little bit on the project background. Go ahead. Oh, I can do it. Fantastic. Um, so you all may be aware um I'm sure you are of Bryley Farm. This project's been around um for some time since 20 2022. So the project overall is made up of three parts. Um it's Brley Farm phase one, which is 1 A and 1B that you see there on the screen. And then we have Daniel's Cove. And then the last piece here is phase two um of of the Riley Farm project. Um what you have before you tonight is only phase two. Phase one A and B and Daniels have already been fully approved by the town. So there's no action on that. I'm with you all for tonight. This is all on phase two. Um, why this is before you this evening is there was a development agreement already for phase 2 that was approved by the town commission in 2022 that provided for 111 single family lots in a certain lot arrangement. It also called for or said that there were architectural and design guidelines that were part of the development

agreement. However, what we found out and determined was those never existed. They were never actually done. Um, they were never they just were never done. Um, and we did confirm that with the town clerk who was a lease at the time and also we did contact the previous property owner and their representative and they also confirmed that that it never occurred. So, the reason why this is before you this evening is one, they're reducing the number of lots from 111 to 87. They have a revised lot layout than from what was previously approved. And lastly, now to actually approve design and architectural standards for this subdivision. That's why this is before you this evening. Next, please. Oh, I I'm sorry. All right. So, in terms of what the changes are that is in your packet and in the development agreement amendment that you have before you this evening, again, as I previously said, it's reducing the development from 111 to 87 lots with the new lot layout. on the right hand side, that little image there, you can see that's what the new lot layout looks like. Um, the adoption of the design and architectural guidelines for this project. And what's important um for you all to know is what you see in your agenda packet for the design guidelines match exactly what you had already approved for phase one. So basically what's happening with this design

standards for phase two, it's a continuation of the house designs and things that you've already approved for phase one um or for this part of the project. um related to transportation. Um what's in there now is the developer is going to pay the town a payment of $85,000 for transportation improvements that then the town can utilize for road paving or other road improvements that the town deems needed um using that $85,000. Um the developer will still be paying road impact fees though as part of their development with each of their building permits coming forward. Um, in terms of tree protection and mitigation, um, what's being required here is that they're going to have at least two trees per lot, um, as they build out the homes. And if there's additional mitigation that they're not going to meet based on their replanting, then they would pay a mitigation fee to the town. Um the other part of this tree mitigation where there's opportunity in phase two is there are some larger open space areas park area there's an area that's still being dedicated to the Oakland Nature Preserve. So there's opportunities throughout the subdivision for them to plant replacement trees for trees that would be removed from their development. And lastly is related to the regional uh lift station and force main. Um that was part of the original development agreement. Under this amended development agreement, the developer has agreed to pay their proportionate share their share of that lift station and force main which is $199,333. So the uh developer will be making that payment to the town that then the town can put towards that lift station construction and enforcement

construction. Again, they still will be paying utility impact fees. Water and wastewater utility um impact fees will also be paid for this project. So those are the the basic changes with this amendment and in the development agreement. Next, please. Now we'll go quickly through the design standards. So again as I said this is very this is the same as what you all had previously approved and the town commission had approved on phase one. Um the project is split up into these different lot type areas. So each of these lot types have their own um standards and guidelines in terms of setbacks and and those kinds of site issues for each lot. And and what what I think is good about doing this way, it makes it, you know, consistent with the character of the area and what fits best within the overall development scheme for it. So we it's laid out that way. Next, please. And as you can see, I won't spend much time on any of these. These are the different lot types. These are all in your agenda packet. Um so you can see like lot E. So each of these lot types have the development standards there on the lefth hand side and on the right hand side it just gives you a typical lot layout how the house and other structure may be oriented on that lot. Uh, next please. Here's type F. Again, you can see the same thing. Um, the lot typical lot layouts standards are on the lefth hand side. Um, and and where that lies within the subdivision. And what you can see, as you can see here, there's different layouts based on different locations within the subdivision. Next, please. And then lot G, these are the lots that are up on Lake Apka. Um and again the standards on the left and then the typical lot layout

there um for those lots on lot G on lot type G. Next please. And then lot type H that's there along the western edge. Um and those are the standards and again typical lot layouts for those lots. Next please. In terms of the architecture, this may look all familiar. This is exactly what was presented to you before on phase one. Um it'll be the colonial revival architecture type. Next, please. The Florida vernacular and the French farmhouse. Those are the three architectural types that are being proposed. Um again, consistent with phase one of Riley Farm. Next, please. And then there's also the standards for the out buildings. um whether it's garages or accessory structures. There is the same condition here that we have in phase one that if there are any accessory dwelling units, they can only be for family and they can't actually have a kitchen within them. So there are limitations on that which match what's in phase one for Bryley. Next, please. Um this these designs and the layout have been reviewed by your appearance review board at their meeting on October 7th and your appearance review board um unanimously recommended approval of the design as presented. So they had no concerns or objections to what's being proposed on the design. Next please. So the last part of your approval then is also the plary subdivision plan. Next please. And what again you have in your agenda, this is the preliminary subdivision plan that you have that they've submitted. Um it meets all the requirements. It's in the the development agreement. Um it has been reviewed by town public works by the

town's contracted engineer uh Alan Lane with CPH and as well as us. Um and we all have made a recommendation of approval of it. We we didn't have any objections to what they're doing. Um, again, just to make everybody aware, they are still doing the dedication of that western part of the project to the Oakland Nature Preserve. That's part of it. And also on that northwest portion, there's that portion that includes the PY uh storm water pond. That's not part of this project, but it does show up here on the inceptual plan or the preliminary plan. Next, please. So what happens after you after you all today make a recommendation then this will go to the town commission for first reading at their meeting next week on October 28th and then it'll come back to them for a final reading and determination on November 10th for this project. Next please. And again as I said our recommendation as your staff is we do find it consistent with your comprehensive plan and your land development code and we do recommend approval. Um, so we're here to answer any questions you may have of us and I know the applicant and their development team is here if you have any questions of them as well.

Thank you. Uh, any members have any questions or comments? I do. Um, first question is that um, uh, I see in in the amendment here there's transportation, tree mitigation and wastewater infrastructure. We've had a lot of discussion at the town commission meetings about audible water supply in the town and I I didn't see anything uh in here about audible water supply. Uh you mentioned impact fees for that but maybe you could uh provide some more information.

Abs. Absolutely. And I'm glad you're doing because that'll be a discussion we'll have at our next case as well. Um, so there has been a recent update to information that the town has about your capacity on your portable water system. Um, as recent as of this past Friday. So, the town still is in a position where there is a need for the utility system to expand to handle all this development that's coming towards the town. However, you're not in quite of a dire situation today as we sit particularly with these projects. So what CPH the town's contracted engineer who did the evaluation of the capacity issued a memo on Friday to the town that said they reassessed the capacities reassess the impacts of these developments coming through particularly Riley and your next one for street village and determine there is sufficient capacity within your water treatment plant to serve these projects without any expansion. The town is still in the process and they are in the process of updating what's called your consumptive use permit which is to allow additional withdrawals to feed your plant. But you don't have a limitation on your plant capacity today for these projects. But that doesn't mean a year from now or is we have four or five other projects that are in the pipeline that haven't gotten this far yet. That may be the time when that we may need to hit that more specifically on the water supply. But we have the confirmation from the town's engineers and and from town public works that specifically for this project for Bryley Farm phase 2 that

there's no concern with C water capacity and ability to serve and they would like any development in the town would have to do whatever improvements are required to connect to the system. whatever line extensions may be required or anything to do that to serve their project, but they're not required to do anything over and above that at this time. And and as you said, Mr. Clowski, is that they also will pay the portable water impact fees which then the town will be collecting that they could then put forward to the expansion of a future treatment pan plant expansion. All right. Thank you. And yeah, Bobby Johnson, the engineer, he actually did some of that analysis.

Yes, I my name is Bobby Johnson with Gemini Land Development. I'm the engineer for the project. And I also just want to kind of like uh expand a little bit. Uh in the developers agreement there was also uh contemplated where it's like we have to provide a uh water pipe connection for our irrigation over to the future alternative water supply system that is right now in permitting and so our system system proposes to go under the the nature preserve and connect to that. So all of our irrigation will be irrigated off of uh alternative water supply and not portable water. So that will be also enhancing the capacity of the system that was envisioned.

Okay. So what is the timing for the alternative water to come online as opposed to when you start residents residential construction phase two? Uh from my discussions with uh Mike Parker like right now they're still in permitting but he's from my discussions it sounded like they're to get wrapped up towards the end of this year. Not sure at what time construction is starting, but right now there's currently capacity in the system. And then when the alternative water supply does come online, that will take all the irrigation needs of Riley Farm off of the portable system.

Okay. So, you'll be then putting in the infrastructure throughout throughout phase two, correct?

To accommodate that alternative water supply. So, we'll be there and ready for when or we'll be constructing the same time probably at the alternative water supply uh is be constructing because like right now we're just going through our PD and PSP plan approvals. We'll still need to go through our construction plan approvals and then proceed into site construction. So our our demands will probably kind of be it might be matching up with the timing of water supply system comes online but yeah so we will have all the piping in the neighborhood to already be there in place for having like reclaim system.

Okay. So then what will your residents do suppose suppose they get constructed before there's some delay with the alternative water supply will they connect to uh the town potable water for irrigation? Uh typically how we do that currently is we will jumper the the reclaim lines off of the water manes and that's how um CPH did all their calculations assuming that all the future going forward connections have irrigation components to it but as soon as the alternative water supply comes online then we'll back out the the irrigation needs for farms.

Okay. Okay. Thanks. That that's a good answer. Um, I only have one other question. Is is there a a minimum uh residential uh house size in phase 2? I I don't I saw maximum sizes being a percentage of the lot, 60% of the square feet of the lot. There's there's not a minimum in the standards, but I think minimum proposed on the PSP. We don't show a lot smaller than 80 foot wide. Uh the old the previous improved plans had down to 45 foot wide lots. We we increased all of our lots to a minimum of 80 foot wide.

But but on the house size I I don't think there's specific minimum house size. But the reality is because of their design standards, people that are coming in to build would have to meet those house design looks. So somebody couldn't come in and do a small home. They would have to meet those design standards. 1,200 square foot house in a neighborhood would look pretty right. And it would not it would not it would not work. Yes. And I think Yes. Yeah. The the lock. Yes. That too. Yeah. I know. Um but I I was just wondering if there should be some specification for that. Like in my Southern Oaks neighborhood, we've got a minimum uh minimum structure size.

Yeah. Like in your Southern Oaks, what that is, that's not regulated by the town. that's actually regulated by the HOA and the private requirements. So, we have an HA introduce myself as well. Yeah, your name for the record. Address, please.

Andrew Jacobs. Wow. 1051 Stationside Drive. So I'm with Element Homebuilders here and also with uh Bri the Farm Development. So we have in phase one, we have the HOA controls the uh minimum house sizes and it depends on the lot. So it's not, you know, blankets. So depending on the halfacre, third acre lot, there'll be minimum lot sizes. I don't think we've established them for these, but they'll probably be 3,000 foot minimums on the smaller lots.

Okay. Thanks. Do we do we have timing for when they think that they'll start actually building houses in this phase two? Is that two years from now or

so after we get let's say if we get approvals uh they plus uh town commission next month into final engineering. Our plan is to submit once we have town commissal and then process through the town and through state district. Imagine Steve sounds pretty ready to go to uh start turning dirt. another six months after that till you start.

Thank you. I like uh I move that we accept the Brley Farms phase 2 plan development amendment number one as proposed. Second it. Any opposed? Motion passes. Thank you very much. All right. So, next item is the fourth street village first amendment to development agreement building design and preliminary subdivision plan. Brad Cornelius with weight trim will present this item.

Yes, sir. Um as the chair said we are uh this is the four street village PD amendment first amendment to the development agreement in Plymouth subject plan just like we had before. So this project as you all may all recall um was approved in last year in 2024. Um get the slideshow here real quick. So, just real quick, so this location is at the southeast corner tub and state road 50. Um, Gemini Land Development, Oakland West50 are the applicant and owner, which is M. Bobby and Steve that are here. So, same group that you just saw. Uh, the properties about 21 acres. And again, the request and the intent you see there that I already spoke about, Kathy, I need you again. So again, a little bit on the project background. Um, here's the location of the property there at that southeast corner. It's comprised of those those parcels with you can see the Florida Turnpike there on the south side of it and they're fronting on State Road 50 to the north. So, like I said, this was approved last year on by the on April 23rd by the town commission and the plan concept plan that the town commission approved at that time, which you all also reviewed and recommended approval on. Um, shows the buildings in that type of arrangement with the kind of the horseshoes there towards State Road 50. Um, the commercial is all on the north half of the property, north of that east west road you see there. That's all the commercial to the north. To the south, what was previously approved was where all the multif family would go. And then on that southeast section, you can see

that was where there was a community gatherings entertainment space. That's what was was previously approved um for this project. and there's a development agreement in place already that would allow that project to move forward in that manner. Um, also the the the the entitlements that were approved here was 190 multif family units and between I think it was uh 40,000 or a minimum of 40,000 square ft of commercial and office up to a maximum of 150,000 square ft of commercial and office. So that's what was previously approved by the town commission. Next please. But the developer came in with a revised plan and that's this is the revised project which is has generated the need for this amendment to the plan development and the amendment to the development agreement. Um what is important to to understand here is in terms of the entitlements are not changing. Um, even though the building arrangement and is different, they are still at 190 multif family units and they're at 73,500 square ft of commercial office. So, they're within what was already approved in terms of the total amount of development for this project. But, as you can see, the layout of the buildings and even the size of the buildings are different than what was originally approved. So going from the the northwest corner starting up there what you see at that corner and there's more details as we go through this is where now the entertainment public gathering space would be. It'd be up there at that north yeah northwest corner of the property. Then as you move across 50, uh you still kind of have that horseshoe arrangement there, that for first group

of commercial buildings, but then as you get to the east side of the property, um the buildings then are pushed up towards State Road 50. So that reorientation also as you see in the staff report um one of the things that gets approved if this does get approved under uh this request the building widths of buildings basically the three horizontal buildings that you see there the two that front on 50 then the one that runs parallel to 50 um to the west those are larger in terms of their width than what the standard is required under your code but again Because this is a planned development, it does give the the applicant the ability and you the ability to approve, you know, alternative building sizes as long as it does make sense and works for the project. Um, so that's what's happening there at the front on the southern half of the property where before there were several buildings shown for potential multif family, now that's been um integrated into one larger building um for the multifamily. Um again it's back on the south side next to the Florida Turnpike. Um one of the require one of the requests for this building again it is um deeper than what's allowed under your code and the square footage in terms of the uh footprint is also larger but again they can request that and it can be approved um by the town under the PD. Um then what happens on the southeast portion of the site where the entertainment complex public gathering place used to be that's now storm water retention and and and and wetland in that. So that's are getting preserved in that area. Um so that's that's the proposed project. Um the other change big change is that east west road when this was approved back in

2024 the idea was at that time was that would be turned over to the town as a future east west frontage road or or reverse frontage road off of 50 and that it would become a town public road. However, after this was approved, Orange County decided to buy the property to the east under their environmental lands program. So that property to the east is no longer developable. So that road would go nowhere if it you tried to extend. So what's being proposed now is that road would maintain private and it would be owned and develop owned and maintained by the developer would not be dedicated to the town in the future um as part of this project. Next please. Actually I don't need to go through the site because I just said all those things. So those are the summary of all what I just said. Next please. So what they're also requesting is approval of the building designs. They did not ask for this last year, but they are requesting that this year. So this is just an overall view of the project looking from the north that'd be the northwest into the project at the corner of 50 and fourth street in Tub. Next, please. So what they did is they gave us the renderings and and of the buildings for each of the building. You can see the key sheet there at the bottom right of the screen shows you what building that is. So this is building A. Gives you a look of the proposed design of that building. Next, please. This is now um this is also building A. Just some more renderings of of those buildings. This now is the next building B. And again, you can see what those look like. Again, more renderings of building B. This is now building C. This is one of

the ones that fronts up onto State Road 50. Next, please. And you can see the the renderings of of that building. And then we move to D, which is the other building that fronts up on the 50. And again, you can see the renderings there. Next, please. And the drawings there. close look of that building. And now uh and this is the uh building I think it's E. Um you can see where it's shown in the key sheet of what that would look like. And again more pictures of of that of that building. Now this is the multifamily structure that's on the south side of the property. Um it is four stories which is consistent with what was approved previously under the PD. The previous PD also had fourstory uh multif family buildings. Um so it is consistent with the height. Next please. Again you can see the the design of those buildings. Actually it's one building but next please. And this is renderings of what'll look at that entertainment public gathering area there at the northwest corner of the property. Next please. more drawings of what that would look like. And that's all more there at that at that corner there of the project. Next, please. So again, the ARB did review these designs at their October 7th meeting. They did recommend approval of these designs, but they did have a condition with their approval. um and what their condition was. They they requested that the developer provide some more architectural deal detailing on the rear of those two buildings that would front up to State

Road 50 because those two buildings, it's actually the back of those buildings that front State Road 50 with their front is internally faced um to the project. So that was the only comment that the ARB had was just requesting some additional architectural detailing on those buildings. Next, please. So in terms of the preliminary subdivision plan, um again, what you know, they they reoriented the the buildings. Um so they're but they're still maintaining that commercial zone to the north on 50 with the residential to the back. So that does maintain that original approved distribution of the uses. Um again as I said the roads are internal will be internal and it will be maintained by the developer and not turned over to the town. And in terms of tree mitigation, um, in the development agreement, it does say that they have to provide 1,224 DBH inches of tree replacement or paying a mitigation fee um, for trees that they don't replace. And so that's a requirement of this development agreement. Um, and getting to the portable water, a requirement of this project is that all their irrigation will come from private wells. they will not be connected to the town's portable water system. It'll be irrigated by by wells that will be provided by the developer. Um what I want to address now because this is the best time to do it is as you saw when you sat down this evening, there was a a revised development agreement with my very bad handwriting on it. Um this is a revised development agreement from what you have in your agenda packet. Um and I can go over it with you very briefly. um that was submitted to us actually um this morning. Um and

fortunately we were able to go through a review of it. Um this has been reviewed by our by myself. Um we also was reviewed by the town public works director and also by the town attorney and we all have no objection and and do recommend approval of this revised development agreement. But let me the the changes are pretty straightforward. So in section four of the development agreement basically just removes the dedication of that east west roadway and reflects that it's going to be privately maintained. So really no no issue with that at all. Um section five it removed reference that they would be build for solid waste. Well that's been removed because they would provide their own solid waste services. The town does not provide them solid waste services. So that's been corrected. Oh, there's Oh, yeah. They were They were double-sided. There is.

I'll still go through them and I'll explain what they are and then you can also see them when they come back. Um so like I said in section five um basically and just confirming about that the de owner developer has obligations for costs or improvements related to provision of utility services that then within the development agreement it gets into the more of the detail of that. So in 5A basically it's just cleaning that up a little bit. It's removing the word construction. It still includes the word extension. So what that part is doing is just saying that they are responsible to assure that they provide the extensions of the town's portable water and wastewater system to their project for their project. It's their responsibility to make that connection to their project. Um in 5B um what we what was clarified in there is that we simplified it but also we clarified that if they provide additional capacity within the portable water system or within the wastewater system beyond what they need for their project. They're responsible for their project. If they do provide additional capacity, oversize a pipe, something like that, then the developer would be entitled to impact fee credits because they're doing more than what's required for them to meet their project. But what we we clarified to is though that those impact fee credits that they could be could obtain would not exceed the amount that their project would generate. So there'd

be a cap on that. And also to clarify, we can't give impact fees to city of Claremont wastewater impact fees. I don't know if you're aware, but in the town, we also assess City of Claremont wastewater impact fees because they do the treatment of the wastewater, but we can't give credits to that um for that part of it. Um the next part is probably the biggest change in 5C and what this part is doing and this gets to our discussion we had earlier about there is capacity in the system now based on the the updated analysis is that if the developer want to what's called reserve capacity within the town's utility system portable water utility system meaning they lock up that amount of available capacity. It's held for them and we can't assign that as the town to any other development that may come in after them even though their development may lag after them. So they they they lock into that capacity. So in order for them to do that though, what they have to do is pay the town 20% of the portable water impact fees that would be due for this project. And there's a date certain for that to occur, which is February 9th, 2026. And so if they do that, if they pay the 20% of the portable water impact fees by February 9th, 2026, that then locks up their their impact or their their needed capacity within the town system. And and that's a very common thing to do. That's not an unusual thing that we have in here for that to occur. Um now what it also says though if the developer does not decide to do that then at the time they come through their

final engineering plan if there are other improvements that need to occur to the system then they would be responsible again for their proportionate share of that just for what responsible to meet their need and then again anything over that they would be eligible for impact fee credits and not to exceed what they would generate. and not related to the city of Claremont. And those are the main changes that are there. What I will say about this, the the concept of all this is in what you have before you that was in your agenda packet, but this the way it's now presented um as far as staff is concerned, we all believe it's clearer and better directed for this development. Um, it's also important to to know things that aren't being changed within this development agreement that's in their current development agreement still stay in effect. But I will say these are the core of the part of that development agreement that's there. So, we do believe that with these changes and and this development agreement they have before this evening that just was presented to you, um it provides a protection to the town that we know the developer will be paying their fair share and of what they need to do to make their project work and to get the utilities to them. The developers protected. they're not responsible to pay more than what their fair share is unless they get properly reimbursed through impact fee credits. So I I think this is a is a a positive for both parties. Um a big part of this and Mr. Kowski, this comes up to your point before and what Bobby said earlier. We weren't able to get to this way this is

structured today until we got this information this past Friday from CPH that relooked at the capacities and available that said there is capacity and I think the biggest change that really made that work and Bobby you can correct me if I'm wrong here is that like this project all the commercial projects like Oakland Exchange it's under construction right now they're all required to get their their irrigation water off of wells and not connect to the portable system. So that's been a a standard condition that public works has been putting in all development that commercial development in particular that has been coming through the last two three years that they're not able to connect to the town's portable water for irrigation like I said. So Oakland Exchange that way um the um harvest district they're on 50 that's not started construction yet. their their approval also says the same thing and anything I think you see coming forward any these commercial projects out there on 50 will all have that same requirement for it. So, next please. The plary substance plan. That's just the plan I already showed you. Again, they're just asking for that approval. And what this does mean is if this does get approved, then as Bobby said, after this gets approved by town commission, they can then come in with their final engineering plans to get things permitted and the project moving. Um, again, the next steps is this will go to the town commission on October 28th and again for a final decision on November 10th. And finally, again, as your staff, we do recommend approval of this amendment. Um, we have reviewed it. We do find it consistent with your comprehensive plan and your land development code. Again, I'm here to try to answer any questions. Again, the development team is here as well um to answer any questions.

Thank you. Uh, any members have any questions or comments? I do. Sorry. That's okay. So, uh, it was really hard on on this particular here to so small I can't read it. How many uh how many entrances into this project are there? Do do I see one on 50 and one off of Fourth Street or is it only off of Fourth Street? There's an entrance into this complex. I'll let the engineer answer that.

So, this project has uh two entrances. Uh the full like we call it a full access is off of Bor Street. It's like Fourth Street right there has is a signalized intersection.

So it's like you can come down Fourth Street and come into the the the project east west into the project. Yes. Yeah. Oh, you come in south down Fourth Street and come east into the project. Correct. Then there's also a secondary. It's a right in right out off of 50 right there in the center of the project where it's like you can as you're driving east on 50 you can turn right into the project or you could leave the project and turn right and head east but the the primary access would be at the the lighted fourth intersection. So we do have uh plans to like right now um four street is substandard. It's not a full width. So we have to widen four street up there to the existing 50 pavement to the full section.

Okay. And so that's still going to that's going to be how many lanes wide? Uh I believe it's uh yeah two two lanes wide.

Okay. So, so suppose I'm coming out of this complex and I turn north on Fourth Street. I'm going to have one lane to turn east onto 50. I'm going to have one lane to turn west onto 50. Um, I'm not going to have any lane to go north on Tub Street. And I I just look at this and I look at the number of parking spaces here and I just see gobs of traffic jam in the morning and evenings of people trying to get in and out and it just it doesn't Yeah. I look the event center and

and the event that was going to be one of my comments in the adjacency of parking. Yeah. I mean, the event center, you look at um you look at the view over in Claremont, similar kind of concept to this. And like parking is is a jam. There's a traffic jam up there. So, I have I have some concerns about entry and exit into the complex. Um especially since you can only uh it's only a right turn in right turn out onto 50 without any way to get to the other direction forcing everybody out out of fourth street if they want to go west. So

I I totally understand your Can you just talk to that some more? Were there traffic studies done on this? Yes.

Can you can you talk about those? So there was a traffic study done. Uh there was no uh recommendation of exit more lanes than the than the one lane or the the three access points that you were kind of three directions that you're talking about. Um we could um if it's fine with the staff, we could ask our traffic uh consultant to uh review that at final engineering. Uh but it's like that will be we can't If it's not warranted, we can't put an additional like turn lane, but we could uh look into that during final engineering to see if it is warranted to have a additional turn lane at that intersection.

Will there be a turn lane on 50 to turn into and out of uh this project? A turn lane on 50? No, there will not be. So, so lane, so there's going to be then a backup on 50 is people slow down to turn in to the project on 50 when you got everybody else speeding along at 55 miles an hour. Yeah. So to I didn't mean to interrupt you. I'm sorry.

So that's that's another serious consideration for me. Now the the state road 50 is a DOT road and um they don't um right now like 50 is fully widened and there is not a turn lane warranted to turn into the project for the for the traffic study. Yeah, we we can't force 50 or I know the only thing you could do is maybe put where where the other road was supposed to come out. Now it doesn't because of Orange County. Would there would it

Yeah, because our problem is there possible entrance on the east side of the project off of 50. Our problem is we don't own the land like there's certain separations that you have to do for connections to uh DOT rightway. It's uh 660s for the right in right out. Then the 1320 which is past the property is where they'd allow the next connection and that's right where that mobile home community is there. Yeah. And so that's that's where the where you can put the next connection point which is not

not your control, right? Not yours. So when the property or was it the city or Orange County you said acquired the property in store and it took that road away the drive?

Correct. Yeah. Orange County acquired the property to the east as part of their environmental lands program. Like you said that was already approved by the town to have a commercial center there on that front piece on 50. So, the idea was at the time was to make that connection out of here to that property to the east that had the commercial up on 50, but Orange County purchased it. They put it under conservation. Um, you may notice they recently cleaned it up and put up a fence. So, it is undevelopable. So there not be where that last building is to the east and exit out of the property at that that side too.

No, that would be a substandard uh connection they wanted to where right now there's currently about 100 ft to the right. They have a current directional opening at the median and that's past our property. They try to limit uh scrunching together, you know, like the connections points along say I forget what kind of classification they wrote 50 is, but they only allow certain number of openings and actually trying to openings along 50. They just did that right there at Katherine Ross where before that used to be a full like median opening and I don't know if you've seen it where it's like now there's a directional there which would have been great if there was like a full median open but you can see how the 50 and the swim school came in they were like we're not going to have a bunch of people going across here and they closed it down. So, it's it's problems running up that state.

Yeah. I just How many parking spots now versus the original plan that was approved? I don't have a comparison. Do you have that, Bobby? Uh, we don't have a comparison. The the plan before the count the parking was never counted. is more of a schematic plan where it's like now we've reduced down the commercial from like 150 to the specified 70,500. And so we're parked at two spaces per twobedroom, one and a half spaces per one bedroom. Then the commercial is parked at about I think 4.4 spaces per thousand. What about the entertainment venue?

That's part of the or so it's like the entertainment view of venue. It's kind of we don't know what to call it. It's kind of term that's been stuck around since the original and it's what it is. It's it's it's a um complex of like food stalls like it'll be like about about five or about seven or 10 vendors like seven vendors. So you can choose who you want to go to. It's like you somebody you want to go to like a burger place or hamburger place or a pizza place or a taco then having like a central gathering and like a a bar drink place or so it's like it's kind of like if it was food trucks but then you're in actual like buildings like concept then like

yeah it's not a concert venue. That's not the intent. It's more of like a community gathering place for eating and having a good time. Sounds like a great place for kids. We love that. My concern is just the parking in the adjacency of parking. It's false to the buildings are to the U. There's a lot of parking over there which is deep into the property. So getting out across I mean there's an event or something busy or the morning It's just it's going to be a challenge.

Yeah. Because so we have like the kind of like the desire because like we want to have it kind of like a the landscaping like be able to like walk from either far east side. You can kind of see where we did some breaks in between the the buildings. Then there's like a kind of like almost a plaza area as you get closer to the the event venue how we call it. So, it's we kind of like want people to kind of like walk through the community there. We do have parking out front of the venue location, but also like the partner that we've been talking to, he's been kind of explaining like a lot of what he's been seeing a lot more is where people come and either they walk or they ride bikes or like a lot of what he's seeing is also um a lot more people like will Uber to like like to the venue to have like a drink and so they don't have to worry about driving back or anything like that. So we do have like incorporated in you can't see it at this level on the screen but we do have like loading areas where it's like an Uber if you did Uber to it you could pull into the they would pull into like the loading zone to drop off safely within the the development area. you go. Can Sorry, can you step up please?

Sorry, Steve Healey. Uh developer. Um the the other thing too that we talked about a lot on the venue side was and our partner on that piece of it he brought up people will come they'll park and ideally it's a big thing for the tenants too because that's going to be a big draw. somebody want to go to their drink and eat if they have to walk a little further to their car, it brings them by the other tenants space. So, you know, for him, I thought it was it was a good idea. Architects thought it was a good idea. So, having some of that parking kind of pushes people to then have to experience some of the other tenants there that are within the space. So, that that was something we thought about because we want to have these businesses be successful.

That's important obviously now too. Yes. And you know, and so having reasons for people to park in and around the the place is ideal. The other thing we didn't want to have too is just a big sea of parking. That was a big thing we talked about with the town before. You know, you start having the buildings kind of moved around a little bit. You end up where you don't just have parking everywhere. And then, you know, Bobby's I mean, we do a lot of commercial stuff. Having four plus spaces per thousand is a significant number of parking spaces. Most of commercial is three per thousand when you go most places. So I mean we we definitely have exceeded the typical commercial center.

Did the size I I know the number of units for the multif family stayed the same. Did the square overall square footage of the multif family stay the same because it looks bigger now went down.

So we had uh we we reduced we had correct me if I'm wrong about we You think we cut out all the three bedrooms? Yeah. So, we cut out threebedroom units. We did reduce the overall square footage of the multi. So, cut we're doing all one and two bedroom units now. We just when we did our market studies, we saw that there was definitely a lot more demand for that, especially when you compare it to even the one on the corner, you know, three bedrooms were were sitting. So, um so we did that and then, you know, we looked at the, you know, the building and kind of optimizing it. We still have our amenities and all that stuff in there, but it's it's actually quite a bit less square.

What will go in the center of the U? That's just a white space, a pool, barbecue area, um, you know, hangout space, you know, for residents, like little green space, things like that. It's It's a pretty good size area. It's amenities. There's no opportunity for more parking or anything. No, no, it's 100%. And there's more than enough parking for for the units that we have back. I know when we looked at this last year, this like essentially matched exactly what the town had put in their comprehensive plan, right? Or whatever master plan.

There was the vision study that the town did that was actually never formally adopted. It was accepted by the town commission and never codified. So what you all actually what you all saw matched it pretty much exactly. However, when it went to the town commission, the town commission did not necessarily like that layout. That was going to be my next question is what drove this? Did town commission drive this change or was this

Well, not that particular change, but but the change in what they did ended up approving was different than what you all had saw because what you all had saw it did pretty much match up exactly with that vision plan. And the big difference was what that vision plan talked about was pretty much all those buildings would be mixed use. It' be retail, office, residential in every one of those buildings. the what the town commission wasn't comfortable with that. They wanted to move that multif family back away from 50. That's why they had the requirement when they approved it in 2024 to move all the multif family to the southern side of the property near the turnpike and only put the commercial and office up on 50. So they did get away from what that old vision plan said, but again that that vision plan was never codified. It was just an exercise that the town commission approved. So what's happened here is they then took still that general concept that the town commission approved with having the multif family to the back, the commercial to the front to the north and they've reoriented the buildings. They they assembled the buildings into the one building. So it does not match that vision plan, but it doesn't have to match that vision. My only my last comment is just it's what you started with. It's just the whole thing with the traffic in and out. As someone who's mission traffic studies before, I know the traffic study goes in whoever's paying for the traffic study. So, I think that um if it was a non-biased traffic study that there would be some alternatives for entering

in and out of this property. And and I think that's that's my only heartburn about this is I have um uh another question regarding this. How how are you going to identify to drivers on 50 that the main entrance to this complex is off of Fourth Street. I didn't see any signage there or anything. And it well well it it it said the name of the the project but it did but did it say enter here? I mean what how is somebody going to know

that that the Okay. So it was so I I understand the 50 entrance and that's great but but the the fourth street entrance is pretty far down. Can you go back to that corner that it was like with the very first rendering?

The rendering. Yeah, the rendering. Right there. Okay. So here I am. Driving down 50, right? It says uh my project here. Where does it say main entrance is is down to the right?

But you are you are going to do something for that address that issue. It's going to be important. Well, yeah. I think Yeah, like I'm driving by and oh yeah, well maybe I won't go there, you know, because I can't get in. One of too is from the one of the other things too, you know, talking to the RV was we realized like on the building facades, you know, we didn't show the signage for tenants, right? Which kind there is going to be signage on

Yeah, correct. Yeah. So there's because they're going to want it. So have building signage there. Um there'll be signage, you know, for all the tenants on that side of the building that faces that. There'll be additional obviously signage, you know, the venue will have a brand. So, we haven't gotten to that yet. I mean, this we could absolutely, you know, have, you know, this will be not what you see here, which is whatever the name of the shopping center is, you probably have that plus, you know, some directional along with, you know, tenant information also. Just like we'll have tenant information, which isn't shown here, on the 50 entrance, too. Yeah. All right. You're going to have tenant names. like a like an address board 100%. Yeah.

We want to give them as as much as the town obviously allows for signage, but we want to give them as much exposure as we can. Okay. Because the town signage is limited. We had that discussion on the exchange. Yeah, that's what I mean. It it'll be as much as Right. And the difference with this one, the exchange wasn't on 50. Your code has a larger allocation of signage for properties on State Road 50. So yeah, did you have anything? Okay. No, thanks.

So this is a public hearing. If there's anyone present who would like to speak on this item, you could state your name and your address, please. 284 South Fourth Street, which is right in front of my house. My concern is, which you've already touched on, is the traffic because if I'm looking at this one rendering right here, you've got the driveway coming in and out. Both of our driver we already have across the bridge are all traffic right now is not too bad. is going to increase because we are increasing 190 homes at least per home. And then you're going to all have them come out on fourth street in front of our house. Yeah, but you've got the driveway right in front of our house. Have you not seen where you put the driveway on this piece? On this this one here with the blue rendering, right? Okay. I'm just asking for some compromising. You know, we're my house to center my center of our driveway. It's 400 ft. Okay. And then the other 100 and then

I have to 20 minutes to get to my house. I mean, come on. Stop. Look at me like stupid. This is the way it's going to be. But come on. I have kids that are on the road. My grandkid babysid. If you ask your whatever you entertainment. You know, I'm ask I know the project's going to go in. Okay. All right. We have appreciate your comments. We'll thank you. Any other comments from the

uh if I may before the board uh makes its decision here, I would like to speak a little bit on the traffic issue. Uh under Florida law, traffic concurrency ensures that public road facilities are adequate to handle traffic from new development. However, concurrency is a management tool and not a basis for denial. Municipalities cannot reject a reasonzoning or development application solely because of anticipated traffic impacts. Instead, if the development causes or contributes to a deficiency in roadway capacity, the local government's role is to require mitigation consistent with a traffic study. This usually means that the the developer must fund or construct roadway improvements or contribute proportionally through impact fees, but it does not provide a basis for denial.

You just to add to what Miss Vo said, there was a traffic study done for this project back in 2024. It was reviewed by the town's own traffic engineer with CPH. So, it was not, you know, just accepted as is. It was reviewed and also approved by the town's traffic engineer. What I what's important was the analysis that was done back last year was actually for a much more intensive project. It actually was based on the 190 multif family units which is the same but it also included 110 hotel rooms and then it had 25,000 square ft of office and 125,000 square ft of shopping center. So 150,000 square ft of shopping center of commercial. So, as Miss Vo stated, we have a traffic study that was done was accepted that does show that it doesn't meet what's called the the requirements for turn lanes or any of those improvements. As as Mr. Johnson stated, they are going to have to improve that portion of fourth that goes from the driveway up to State Road 50 where they would be impacting with their traffic. So, they would be doing that. Um, but you do have in the record for this project a traffic study that was done that does show that it doesn't require any additional mitigation beyond that four street improvement.

Yeah. And and I don't I don't disregard that the changes are not positive because we are getting rid of the hotel rooms and that. I think the biggest change is just we're going from four entry and exit points. There used to be two along fourth and two along 50. If you consider the side road off of 50, now you're only having, you know, basically you have one one major point in and two in and outs from four. You're cutting. So, was the traffic study modified to to go from the four uh egress points to two down to two? Would would the traffic study not have to be modified to for the new for the new layout?

What the traffic study showed it just had a distribution of trips out to 50 and out to street. It didn't actually line up with driveways. It just had okay this percentage is coming out to the west. This percentage of the trips are going out to the north. So there would not necessarily need to be a revision. Um and also it's a significant reduction it in terms of the amount of trips that it was evaluated last year where we're basically half the commercial development than what was analyzed last year with the traffic study. So there is, you know, ba based on traffic analysis and and what I would have to say as your planner, it's a reduction in traffic impact. Now, how it goes onto the road is a separate question.

That's the right right. A separate question, but it does it is a reduction in traffic impact.

All right. Uh any other comments from here? No. Somebody want to a motion on this? Okay. All right. Um for the amended development agreement for the project known as Fourth Street Village Land Development. Uh this amended agreement I propose that we accept it as written and shown here tonight. You talking just on the development agreement or the whole Well, isn't everything embedded in the whole?

Yeah. Is that is that how the motion would be? Stephanie, am I making the wrong motion? I would ask that you make a separate motion to approve the preliminary subdivision plan, but that is sufficient for the development agreement. Yes. Okay. So, so let's do that first. Uh second it. All in favor? I I am that. All right. Okay. Second motion to uh accept the first amendment to the development agreement to preliminary subdivision plan for this project as presented tonight.

Second it. Can we put conditions on it or you can you can uh recommend approval with certain conditions? I just would like that the traffic study be or egress points be reconsidered because I don't I I think two eress points is not enough. I think they need to come back with a better plan for with traffic support the two egress points and where the driveways are located. Okay. Well, then let me withdraw that motion. And Stephanie, how do we how do we do that?

Well, I will note that you have just recommended approval of the development agreement. Um you you can recommend approval of the preliminary subdivision plan with with that additional recommendation um or condition rather. We could just modify the recommendation if they're in agreement. Do you mean modify the motion? That was just me with the recommendation that they reook at the traffic the egress in the traffic study. Yes. Well, he just re withdrew the last motion, so we need a new motion. Okay. Yes. Fire up a new motion.

Yes. We have to have it do over here. Okay. Well, can I speak for a second? I apologize. I think we closed, right? So, yeah. I'm sorry. I would allow the applicant to continue speaking. Yes. Allow you to speak, sir.

Good. I I I just want to provide some clarifications about uh access points because we are limited by the state of Florida on what we can do off of 50. So what we are shown we can't do anything more than what is currently shown along 50. Now speaking towards what some of the concerns that were raised along um street. So we are our location of our proposed driveway that we have is uh restricted by sorry our set back from we have to be set back sufficiently from state road 50. Right now we're showing 280 ft back from state road 50 that allows for stacking of traffic to come. So it's like you won't so our intersection won't conflict with people coming in and backing up against that traffic. Then our other restriction that we have is as you go south, you start coming up on the the overpass. So you're uh restricted from being able to put a uh driveway farther south. So right now where we have our proposed access point on Four Street, that's right where we can have our one access off of Fourth Street.

So the previous plan was uh that doable having two on Fourth Street. Yeah, there was that one farther to the south. There was a grade restriction. It was coming up to uh up to that overpass. So we couldn't fit that one in. the traffic study that we have is it's showing like the level of services on say Fourth Street 50 is what it was kind of analyzing not so much uh traffic at certain driveways. So based on that analysis, we're m keeping the level of service consistent on four street and 50. What that truck was saying

because I'll tell you, I mean, we're hearing his side of the story. Not saying you're incorrect or anything like that. I still would like something that you know as a consideration for the egress points to be reconsidered if at all possible. I don't know what avenue we have through further reviews and that.

No, you can make that as a recommendation with your motion. I would report that to the town commission. That was your recommendation. the applicants aware of your your concern and they could be ready to address it with the town commission be my right for you just like a second so do we have a okay new motion

I make a motion regarding the fourth street village plan development amendment First Amendment, the development agreement, the preliminary subdivision plan that we recommend that it be considered with the provision that an additional access point into the project be made somehow be considered be made. Okay. That's our that's our recommendation, right? And then it's up to the town commission to say or nay. Is there the approvers? Second. Yeah, I second that. All in favor? I

I opposed. Motion passes. Thank you very much. All right. This meeting is adjourned at 7:53 p.m. Thank you all. Thank you. in the middle of the city. Right.

Well, I understand your concern. 100% do.