Planning and Zoning Commission - Regular Meeting

Hey, hey, hey. [music] Hey, hey, hey. Heat. Heat.

[music]

Everything Heat. Heat. Heat. Heat. Everything everything.

Everything. Hey, hey, hey. Heat. Heat.

Everything. Everything. Heat. Heat. Hey, hey, hey. Heat. Heat. Hey, hey, hey.

[music]

Hey, hey, hey. It's always 30 seconds. Put your glasses on. Good evening, ladies and gentlemen. My name is Commissioner Neim. I'm the vice chair. I'll be chairing this meeting. I'd like to call the first meeting of J uh 2026, January 6th of 2026 to call to order. I'd like to start off by asking each and every one of you if you could show respect by standing up facing our American flag for the pledge of allegiance.

I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Very good. Thank you very much. Uh according to this, I guess I'm going to read it off. Uh welcome back commissioners uh and sewer. All right. I personal note, it's an honor to be up here uh with a former PNZ person and a former council member. All right. [snorts] Uh also welcome back David Commissioner David Kobe. Congratulations. And welcome back uh Commissioner Vincent Neim. Okay. I Well, somebody should have said it. Nobody jumped in.

Congratulations and welcome. Thank you. Okay. Next on the agenda is the election of chair and vice chair. Starting off with a nomination for the chair. Since I'm a chairperson, I can't nominate unless I pass the gavl, which I might just do it to ebo. Oh, no. Wait, you're not Oh, I can't pass the No, I make I make a motion to have our chair be uh Commissioner Colby. And I'll second that motion. Okay. Is there anybody else that I saw you want to Oh, no. No. I think that's great. Okay. Sorry. Okay. Uh, anybody else wants to throw a name in the hat? Please do. I'm okay with the Commissioner Kobe as well.

Okay. Uh, we'll come to a vote then. Uh, all in f Well, do you accept the nomination? I do accept. Sorry, I should have asked first. [laughter] I'm just I should have asked you. Then there needs to be a motion to appoint him as chair and then a second. Well, she did. She said a motion. Oh, that was a motion. Okay. I didn't I said I was Gotcha. Yeah. My apologies that I didn't ask you first, but I would like to make the motion to make you Mr. Colby, Commissioner Colby, uh, chair, if you accept. And I would second that. Second the motion. Please say the word motion. I second the motion. Thank you. Okay. Uh, does it doesn't have to be roll call, right? Assuming there's no other nominations, then no. No, I already asked that question, but I'll repeat the question again. Is there other any other nominations for chair?

No. Of the planning and zoning commission? No, there is none. So, do I have to take a roll call vote? No. No, [clears throat] that's only for Okay. All in favor say I. I. I. Chair votes I as well. It passes unanimously. Congratulations. Now, we're moving on to nomination of vice chair. Do I have a motion? I have a I would like to make a motion to appoint Vincent Neim as vice chair. I second that. Oh, sorry. Go ahead. I second that motion. Thank you. And I do accept to clarify all that up. Uh, okay. I'm going to ask this silly question when it comes to me. [laughter] Uh, all in favor say I. I. I.

Councelor, can I vote for myself? Uh, you sure can. Okay. I vote I as well. Okay. At this time, uh, I'm going to pass the gavvel so I could go back to my chair. Thank you. Let's rearrange. All right. I got a new neighbor. Yes, you do. All right. [laughter] Well, thank you, sir.

Thank you. It's on the right hand side. There we go. You only got one because of the chair. All right, we have one piece of business on our agenda today and um I'd like to have staff um give us a report. It's minutes. Oh, I'm so sorry. I screwed up already in my first minute. We had need an approval for our last meeting which was November 4th. Can I have a motion to approve the minutes? I I'll set a motion for approval on the November 4th, 2025 minutes. We have a motion. Do we have a second?

I'll second motion. Motion second. Any discussion? All in favor? I I I. All right, that is unanimous. So now we will go to agenda item number one. Um yeah, before before we do that the staff um I do want to give an opportunity uh to do um staff reports. So um I will start um um at at my right with um Commissioner Hoisington. Do you any report?

Thank you, Mr. Chair. I do not have a report for this meeting. I just want to um wish everyone a very happy, blessed, prosperous, safe New Year. Mr. Kramer. Good evening everyone and welcome to our first planning and zoning commission meeting of the new year. I'd like to begin by congratulating our newly elected chairman, David Colby, and to express my support for his leadership. We are fortunate to have a chair who brings experience to this commission and I look forward to working collaboratively and constructively under his guidance in this next year.

Thank you. As we return to work following the holiday season, I want to recognize that we have at this table an experienced planning and zoning commission with commissioners returning who bring institutional knowledge, thoughtful judgment, and deep understanding of our community. That experience matters and it serves Claremont well as we move into the year ahead. This time of year is often one of reflection and for me it's also a moment to recommmit myself to public service. I remain deeply grateful for the opportunity to serve this community and to work alongside fellow volunteers who give their time and energy to do to do what we believe is right for Claremont. I approach this new year with both pride and humility. Pride in the city we serve it serve and in the work this commission does and humility in recognizing the responsibility that comes with continuing to serve the public. We may not always agree, but our shared purpose is to listen carefully, deliberate thoughtfully, and to act in the best interest of the community we represent. And with that, I look forward to working together with all of you in this year. Thank you.

Thank you, Mr. Neck. Sherry, I got to learn how to work test one. Okay. I would like to wish everybody a happy new year. Nice to see staff again. It's been two months. Uh I'm uh like to thank all my commissioners and uh I agree with Mr. Commissioner Grammar about we actually have a intelligent planning and zoning, not putting down the past boards, but seems like we're working well together. Thank you. No other reports, Mr. Chairman. Thank you, Mr. Ensu.

Thank you, Chair. Um, most of you all know who I am, but for those who don't, I was uh fortunate enough to be on this board a number of years ago and um actually served with uh Commissioner KBY for for a bit of time. Um so this is going to be a fun little blast from the past. Um but for for this board is incredibly important and it's very important that we have people who continue to care about the city. Um and then I was fortunate after to be on city council for a bit. Um and and now it's still a lot of fun to be involved in the city. So So I'm looking forward to the good work that we'll all do together. So um yeah, that's it. Thank you. All right. Thank you. Welcome back, Miss May.

Well, first of all, welcome back and uh excited to hear on your experience for this commission. So uh the only report that I was going to uh talk about is [clears throat] uh on the topic of live local. Uh so back in uh December of 19th, 2025, the 2025 Shimberg study has been released and I wanted to just highlight just a couple of things that was on uh an article that was written by [clears throat] a friend of mine who is an attorney down in South Florida who actually helped uh write the the bill in Tal in Tallahassee. So, um, the Shinberg Center for Housing Studies today released its annual report for 2025. Um, and within that, it states that the Orlando area, including Lake, Orange, Oyola, and Seminal counties, shows an increased lack of affordability resulting in a 1945 unit deficit in the workforce housing band [clears throat] up to the 120% of area medium income. So um just wanted to put that forward for you know fourth for the 2026 uh era. But however uh it did state uh which is kind of important for a lot of the local cities. Importantly the Shinberg study determines whether a taxing authority is eligible to opt out of the uh live local act middle market tax exemption. So, as a reminder, the live local act created the middle market tax exemption, which permits qualifying housing developments with [clears throat] 71 or more qualifying workforce housing units uh to receive a 75% ad valum. So, in [clears throat] this most recent um study, I mean, showing that Lake County does have a lack. I think um um you know, I think there's going to be some things coming up and I guess we just have to keep educating ourselves and and that's the reason why I'm bringing this

up. Um you know, I like to keep reading and especially for our county and our city and and live local continues to be a topic of conversation. Um, I just wanted to bring this [clears throat] u article up and if anybody would like a copy, I can have that sent out. So, anyways, that's it for now and I wanted to wish everybody happy to hear. Thank you very much, Mr. Teddon. Mr. Chair, I have some handouts for folks.

So, included in that packet, u yours might not be in the same order as mine is. I apologize. Uh but you have everything that is in my package. Um the first on top is a article from the Claremont son who did a interview with Claremont's fire chief dele. And in that interview uh chief was very concerned because some of his response times are well over 10 minutes. Um let me preface what I my report by saying I I welcome the new year. I'm still I feel in a learning phase but I think what I like to try to do is speak on behalf of some of the what I feel is the welfare of the residents of Claremont. So based on this article um I still am of the opinion that Claremont is entering if not has already entered into a life safety issue um that should be considered when we look at different kinds of developments. Other counties and cities have tripled or quadrupled their impact fees. Um, in speaking with my insurance agent, sometimes a higher response time results in a higher insurance rate, which means we're burdening the citizens of of Claremont with higher rates. The other thing that you're going to find in this article, it seems to be they allude to this wrestling match that goes on between city and county as to who's going to respond and who's going to have more of the ambulances. On top of that, you'll have the Florida Highway Safety crash dashboard. And I'm sad to say that for 2025, uh, Claremont beat the record of 2024 in a couple of sad categories.

So in 2024, there were 51 fatalities from crashes in all of Lake County. And if you look at the two sheets, um, it's it's divided into the sheriff's department, highway patrol, police department. So it's encompassing of Claremont and all of Lake County. In 2025, those fatalities were up to 73. So 22 more people died in 2025 than 2024. In 2024, there were a total of 93 bicycle crashes and three fatalities. In 2025, there were 90 bike crashes, but there were six fatalities. In 2024, we lost eight pedestrians, and in 2025, we lost 11 pedestrians due to crashes. Um, so really something should be done. Little side story, my brother-in-law and I go to the Eustus gun range every Sunday morning. There's always bike bikers on 561. There's no bike lane for these folks, so it's a very inconsistent little piece of asphalt outside of the the roadway. Um, we also noticed that bikers tend to bunch up and draft each other. So, if one has a problem, the other one is out in the middle of the road. I'm not too sure if that adds to the problem, but for a county that is looking to solicit bikers to come down here, we should at least try to make sure that they're safe um and taken care of. During the past uh since like early November, I beg you pardon, I've had a conversation with Florida DOT, a professional engineer

um who once again stated that in 2011 more power was supposedly given to the local governments. Uh I went and visited a couple of sites that he recommended and Florida DOT has many projects in a design and research phase. But the problem is the costs associated with these projects will more than likely not be approved because they are going to get into the tens of billions of dollars. So even Florida DOT is suggesting that mobility fees and other type of things need to be looked at. That's in your uh that's in some of the paperwork that you have. Uh, I had a conversation with a lawyer who was spearheading the fight against SB 180. So SB840 was introduced to fix SB 180, but unfortunately it didn't go far enough uh and it still allows developers to sue cities and counties. I had a conversation with Dwayne Jones who is a uh planning and zoning division manager for the city of Groveland. So although Groveland has updated design codes, they could still be sued. So in your packet, you'll see that Groveland had to add section 6.6 architectural patterns to try to again mitigate lawsuits while still maintaining their types of design codes. Uh had a conversation with the fine folks from Highlands County. It's in your packet. So, Highlands County does not have mobility fees, nor do they have impact fees. However, they have put stuff into their design codes

that talk about guarantees, shies, maintenance, other costs that are going on to developers so that these developers can actually make a investment into the town. There are funds that they are watching over to use uh if there is a problem, they use the funds that the developer puts out there so they don't have to spend city and county money. Um there's another article from the Claremont Sun. So Cl uh from the from the Claremont Sun. So Groveland by the way has a population of about 22,000 which is about a third almost a third the size of Claremont. And the article in the cler in the Claremont Sun goes on to talk about how Groveland's leadership were able to curb the growth of a uh by 45% of a development that they wanted to that was put towards them. So I guess part of my pro part of my point is if they can do it, I'm not too sure why we can't do it. In your packet is also what two real mixed use and walkable type neighborhoods [clears throat] um look like. And unfortunately they really don't look like anything that we wind up having to take a look at. Um, you know, neighborhoods that being mixed use could be walkable, they could have some residential, they obviously have commercial, but there's a whole lot of ways where people don't either need a car or parking is actually a little bit scarce to make sure that there's no real parking going on. The last conversation I had today was with the mayor of Ovido. She is awesome. She really is. uh and

she's been fighting the fight for about three years. But um what Oidto was able to do was a three-pronged approach. Uh they they enacted a mobility fee plan in order to get buyin from Seol County. They put together what was called a split fee with the county. So any of these jobs projects that were jointly covered, the county and the city were able to make money and she raised their impact fees. So, we could talk about taking on developers and we could take talk about, you know, what we have to do to mitigate them and combat them, but at the same token, things like this open up negotiations with developers because they already know that we're going to protect the city of Claremont and Lake County. Hopefully, maybe people are watching. We don't know. Um, but the point is if you could get to sit down and start negotiating a little bit and the city now has a say instead of looking at a thousand homes going up or 16 homes going 1,600 homes going up. I think that uh is a benefit to us. I realize that we are in the throws of updating our design codes. I also realize that that might be somewhere from 9 to 15 months out of the shoot. And these are things that I still feel can be done by our county commission uh city commissioners and county commissioners while we're waiting for design codes, which you're going to have to have a backup plan for anyway because SB840 does not do enough to cover a developer from suing us blind. Thank you for your time.

All right. Thank you. Thank you, Commissioner Teddona. We'll go to item number one. the city staff. Good evening, planning and zoning commissioners and guests. Put this. So, I'm presenting agenda item number one, crabs. Crab cakes on the lake. Could you uh could you put your mic just a little bit closer? Can you hear better now?

Cool. So, agenda item number one, crab cakes on the lake, uh, conditional use permit. So, CUP 2026001R. Um, the applicant and property owner, Rick Richardson, is requesting a conditional use permit to allow for a food truck to operate on a vacant parcel designated with the C1 Light Commercial Zoning District. The property is located at the northeast corner of the Lake Avenue and West Highway 50 intersection and is approximately 34 acres. On your screen, the site is outlined in yellow on the northeast corner of Lake Avenue and Highway 50. Below is a concept plan showing the location of the food truck outlined in red. The applicant is proposing to operate a single food truck as a takeout only service on the property. Operating hours would be two to three days a week. The applicant is also requesting a waiver for a reduction to the landscape buffer required by land development code section 12343 E1. This would allow for a 10-ft landscape buffer in place of the minimum 20 foot buffer required along West Highway 50 to the south. After careful review of the elevation contours, it is staff's determination that the reduced landscape buffer may still meet the intent of the code. The property currently has a burm along west highway 50 that then decreases in grade continually towards the north side of the property. The burm limits visibility on the site which would be enhanced by the proposed 10- foot landscape buffer. If you look on your screen, um there is a picture just

showing that burm along the sideway sidewalk of highway 50. And then that's just another uh view from the other side of it. Since the land development codes do not identify the requested use as a permitted use, section 125313 requires this type of use only through a conditional use permit. The current zoning is C1 light commercial district which permits restaurants and food establishments provided the use is conducted with an enclosed building. staff has reviewed the application and finds that the use would not be more obnoxious to the district due to the similarities in uses permitted. The owner is willing to make the necessary site improvements to accommodate access, parking, and storm water retention. It is staff's opinion that the use makes the most of a smaller constrained parcel while offering the property owner the ability to use their property. And just to show you guys the concept plan,

is it not? Not a colored version. You guys at least have this one, right? Yes.

Gotcha. So, when evaluating a request for a conditional use permit, the land development code section 101212 requires specific development standards that are required to be met. Staff has reviewed the application as submitted in accordance with the development standards criteria and finds the proposed use can meet the general criteria for granting a conditional use permit. The proposed use will not be detrimental to the health, safety, and welfare of the surrounding community. Staff recommends approval of the conditional use permit with the conditions contained in resolution number 2026-1R. This concludes staff's presentation.

Thank you. I'd like to invite the applicant to come up now. It was so polite.

Good evening. For the record, my name is Christopher Germana with Germana Engineering, 1120 West Manola Avenue, and I am the engineer record on behalf of the owners who um are also here. And I'll just give a brief summary of the project. Um but if there's any technical questions on the operations of it, the owners can assist with that as well. Um, so staff mentioned this is a um it's identified as a food truck, but actually it's a food trailer that will be utilized. So the owners have a a trailer kind of like similar what happens downtown. Uh some of the trailers, they come in with a pickup truck. Um they actually put into that pad that's shown on the drawing which is identified right here. Um so that pad is dedicated for the food trailer and then the truck um at the end of the day they will actually take the trailer offsite. Um the utilities everything is inhouse so they have disposal offsite so there's no water and sewer needs for this food trailer. So that's the reason why they're going to um take it off site. Um they're going to do this in the agenda package. It does say three times a day. But I do want to um make a request on the behalf of the owners. they actually would like to uh do this four times a week. So instead of three three three times a week, they want um four days a week to actually have this trailer on the property. So I don't want to at least identify that for the record. Um the parking is going to be grass parking and uh the only surface parking would be the handicap. Um, this is a to go operation, so there's not going to be any sit down, any seats. People are just going to come, they're going to get their to- go order, and then they're going to leave. Um, we do have an accessible route as well, sidewalk going to State Road 50 for the event that people actually want to walk to it

versus using a vehicle. In addition, we have a pond on the right hand side that is it's most likely going to be a dry pond. Uh, we're going to get some geotechnical borings on that, but we're handling the storm water management with St. John's and the maneuvering of the truck, just in case you're wondering about that. Um the vehicle will come in along this driveway right here, which is where um the customers will go, but the the actual truck will come here along this grass area, which will be stabilized, stabilized grass. Then the the uh trailer be um released here, and then the stabilized grass will continue and allow for exit of the pickup truck that will actually bring If I may, I just have a I'm a little confused. This does not coincide with what's in my packet. The grass is gravel in my packet. So, what are we going by? This pass planning and zoning before it came to your changes. Are they aware of your changes?

So, I I can clarify the difference between the color rendering and the black and white. So, in the legend of the black and white, it actually says stabilize grass in the legend. So when you see that, let me let me actually bring that up here. So this dark hatch pattern that you see and in the legend it says stabilized grass. Is that what you're referring to? Um that that is so it is consistent. We just actually differentiated between what's grass and what is going to be stabilized grass. And stabilized grass could be uh like a geog grid type of system which looks like honeycomb shaped mats. and they just allow the uh the seed of the grass to grow within it. So that's the difference that you're seeing that's probably um not consistent with the color rendering. So from the surface everything will be green in terms of this dark part here also going up the embankment of the landscape area as well.

Back to my initial questioning zoning this these changes. I'm I'm sorry. Can planning and zoning approve these changes you're bringing to our attention? This was in the original application package. So there were actually no changes. Um it's just how it's presented between tell me in your original application was four days not three days. And I can clarify that in the in the application package there was three days per week. The owner as of this evening requested four days per week. So that is the only change that we are presenting which I did identify. Are you aware of this planning and zoning?

John Cruz development services in the original application was three days and then tonight was requested four days but that would not change your recommendation. Okay, that's all I want to hear. But you just got notified tonight before the meeting or during the meeting? uh before the meeting tonight. It went to Thank you. four days right before the meeting. All right, let's let's let them finish the presentation, but I had Well, okay. We will have time for questions after the presentation. Okay. And and those were good questions, so I'm happy to clarify that.

Um I think I'm actually towards the tail end of the the presentation of it. I just wanted to kind of dive in a little bit more into the technical part of it of the operation of it and uh you know, what the proposed intention of this project will be. So, um, if there's any technical questions for me or for the owners on the operation of it, we'd be happy to assist further. All right. So, we'll bring it back to commission. Maybe don't go too far from the podium. And we'll start with Mr. Neck for any questions, any additional questions that you might have. Okay. I guess he who opens up the mouth first.

May I ask staff a question because I would like them to explain this because I'm not an expert on it. When it comes to impact fees, can you explain to me are we charging them impact fees? And if we're not charging them impact fees, why is that? And who do we charge impact fees to?

Usually impact fees are charged when building permits are pulled um for water, sewer, parks, transportation. Um in in terms of this um my understanding is they're not going to have any water or sewer hookup. Um, in terms of transportation, there wouldn't be any building permit. It would be more of a zoning clearance and a site plan. So, I to answer that question on impact fees, I would believe, and that's not handled our by our section, but more by building, I would not see where any impact fees would be paid. Could I ask Mr. Helil since he's the director of the building department?

Okay. Thank you. You answered my question. Uh, I notice since some of these things are added late like what I'm seeing on the screen. Is there a commissary letter of agreement? In other words, are you commissary? Do you have a commissary registration? And if you do, I'd like to see the form the DBPR-702.

Hello, my name is Toxy Ron. I live at 12819 Colon Circle, Claremont, Florida with my fiance Rick Richardson. We are a self-sufficient food trailer with the regulatory sinks. We have a fresh and wastewater tank and we have our own let me just think fresh and our own electrical supply to the trailer. So, we used a generator, Honda generator. And because of that, most all of our items, not most, all of our items are prepackaged. So, we prepare our items for sale on the food trailer.

Okay. Uh, pertaining to a food truck according to Florida State. Say it again, sir. Florida State requires you to have a condis letter of an agreement. No, I'm I'm incorrect on that one. You're you're correct sometimes. That's why she was talking about the self- sustaining and if if they're self-sustaining, an agreement is not required. Thank you. That's so she's not registered with the commissary. Well, I don't know if she is or if she isn't, but what she's saying is if she is indeed self- sustaining, she does. My understanding is that she is not required to have a commissary agreement. Okay. Yeah. And we are open for inspection whenever No. Well, that's when time comes.

Okay. I'm just a little confused uh when it comes to electricity. You said you have a generator. So, that was going to be my next question on illumination of the area because let's say it gets dark, you know, with the changing of the hours sometimes 5:30 and that means you're going to be open for over four hours. So, how do you plan to illuminate the area? The food trailer has lights all around it and we had proposed putting in a light pole on the property. So would that be considered electricity, Mr. Counselor?

Sorry, I missed I missed that part. The food trailer has lights all around it. We will not work Well, we know the time change. It may get dark before we complete the workday. However, we had anticipated and proposed to put a light pole on the project. There's one already there, but it's on the city's excuse me, it's on the city's portion of that property.

See, I'm just going back uh reason why I'm asking these questions because this came across my desk years ago. Uh I believe Mr. David Kobe was on the commission as well. uh on asking these questions that the city council asked on the three food trucks on a enclosed area right on 50 on the same side as you right.

Okay. And he was instructed to get a light pole and he spent money to get a light pole from SECO or Duke. Sorry, Duke. I remember that conver cuz I looked it up and uh my leads to my next question is you say your hours I don't want to jump around in my questions but your hours are from 11 in the afternoon to 10:00 at night correct?

No sir. No sir. Our hours will be that that was put apparently in the resolution to enable us to operate that long. We're not going to be able to operate that long. We will operate from 11:00 a.m. to 6 no later than 700 p.m. Okay. So, you're looking at 7 hours because it does state I believe it's in the auditance. That's why I don't like jumping around.

No, I I see that cuz you already changed that. Uh, no, it's actually on the first page of the resolution. Such use will not be detrimental to the health, safety, or general welfare of the persons residing or working in the vicinity. So, you're telling me you have no bathrooms on site because you don't have plumbing? We we have a potty toilet. Yes, we have a a a potty toilet. Okay. And that's inside the trailer. We have it outside. It's not sitting inside the trailer. Is it attached to the trailer? No. So, you're having a porter party on the grounds?

Well, let me let my I [snorts] mean, I'm I'm confused. I'm sorry. It's it's it's a porter party. We're not planning I mean, we're senior citizens. Uh we're not planning on being there for, you know, eight or nine hours. We're going to open up at 11. We'll close about five or six. I mean, and when once it start getting dark, uh we will be getting out of there. Okay. Yes, we do have the answer to your question. We have uh a porty uh potty. Okay. And it could be outside or it can be on the inside, but I don't foresee a real big need for a porta poly potty. We've been doing this for a period of about seven years.

Okay. So, leaning back to my initial, you own you're going to be owning the truck. Do I own it? Yes, we own it. We own the own truck and the land and we own the land. Okay, that's Well, that's was that's why they wanted to jump out of order. I apologize for

bringing you back on that. All right, my this is this is basically for staff. Staff approved this for approval on bringing the land the setback from 20 feet clammonts 20 feet to 10 feet. I'm really confused on this one. We're not talking five feet on a variance. We're talking about 10 feet. We're talking about 10 feet from the sidewalk of 50, then the street to where the the truck is pretty much. So my question is, okay, you're can you justify why you approve this?

No, the staff. I'm sorry, Mr. Richardson. One second just to pull up my notes for you. So I believe with the landscape buffer requirements they are allowed to do a 10- foot burm not heightwise but widthwise as well as the 10 foot for the landscape in order to help visibility on the property. So with the elevations when looking at the property from the lower part that seemed like it would still work with the requirements.

And how how tall is that burn? Estimated at based off of GIS's information. Uh the highest part is 130 of the property and all the way to the north is approximately 120. I'm asking the height from where the food truck will be parallel to the height of the sidewalk. The height of the burm. Like in other words, around my community, we have a burm of 7 feet. So that's why I'm asking. I'm not asking elevations. I don't have a calculator to tell me how many feet it is. It's estimated to be five feet.

Okay? Because I see stairs over there and that counted five stairs. That's why I'm asking to make sure I'm not seeing things. Okay? So that's for the front by 50. Why are you giving them an extra variance for the back property for 10 ft? There's no burn there. So the south side is 50. Not according to my conceptional plans or not. Are you look over the plans we get because I don't want to I'm So the north arrow is on the top right hand corner. Yeah. Okay. You know, it says right here that that says one zero, right?

Yeah. One one 10 ft landscape buffer. That's the back of the property, not the front where 50 is. What's the reasoning for that for approval? There's many council meetings I went to that people asked for a five foot variance and they were disapproved by the council. I don't want to w these waste these people's time by doing that. Actually, the 10-ft buffer does meet code on the north side because it's it's it's no road. It's not improved. It's a it's right here. They need the larger landscape buffer along 50.

So, you're telling me on the north side they don't need 20 ft as a buffer even though the setback is a 20 foot buffer. 20 foot setback. Well, we're talking two things. You have setbacks and you have buffers. We're talking buffers. landscape buffers. You have a line here that's a 25 foot building set back line. Okay, my bad. And then you have the 10ft landscape buffer. Okay, thank you. Uh, see, I don't want to jump around, but I'll take my sweet. Yeah, I see it. Thank you.

All right. So, we're not going to have no additional plumbing on this property because they're being self-sufficient. That is correct.

Okay, that answers this one. And it's a party party. All right. Is there any food trucks with porter parties in Claremont? Staff ree the question again. Is there any other food truck locations with a porter party? Because I remember the other location with the three food trucks. City council made them have working plumbing by having a bathroom.

Um the one the CU that was approved was for the one at 301, I believe, East Highway 50 with the three food trucks. There's no restroom facilities into the in the compound or in the truck area. No, but it there is a building for a restroom like a there is like like a gas station. There is a building for a restroom, but they also have seating parking for like permanent people to stay there and eat. It's our understanding this is pick up and go. But in terms of that, that's the only cup out there that we're aware of that. Okay. So, when you say pick up and go, John, you're saying they get the food, they go right in their car,

and they go straight home. They're not going to eat it on the hood, the trunk, or in their car. Well, I don't know. And the food is taste so good. I know that. That's why I'm asking. And do a circle and come right back again. Would you want to take a chance on that food getting cold or that cardboard tasting? Don't worry about that. It's not going to get cold once you taste it. That's it. Listen, I'm trying to find a compromise for approval on this. That's all I'm doing because I have a lot of questions that I just really don't understand. It's supposed to be an open close, but not when I was reading this. All right. Can we let the rest of the commission maybe we can come back to you at the end and have uh answer any other questions? No. No. I'm serious. No.

You're going to monopolize the whole meeting? Why monopolize? I mean, this is my job, Mr. Chairman, to go. Well, if you have you look like you were running out of questions. If you have another question, then go here. Look, these are the questions. I'm not You know what? You're right. All right. You're the chairperson. Knock yourself out. All right. Let's go to this side. Um, Commissioner Kramer,

let me turn on my microphone again. A little rusty after a few weeks. Okay. I I just have a couple of clarifying questions that I'd like to uh ask. Um, can staff speak to whether approval of this cup creates any unintended precedent for similar parcels along Highway 50 and whether each would be evaluated independently? I I'm just concerned that this is a unique situation. Um each uh parcel will be evaluated individually. Um again like I said we do have one cup for food trucks that staff reviewed prior to that. Um we also had a food truck park that came through that was evaluated but that was more like 16. So each side is evaluated in terms of number of trucks, how long they're there, how they're operating, um access and so on and so forth.

Thanks John. And I have a couple more just clarifying questions just making sure for the record. Um, if parking or traffic issues arise after the cup is approved, what authority does the city council retain to revisit or amend this approval?

There should be um should be a condition in the the resolution. It's a standard condition that we put in there. Um, actually it's uh item two number eight. It says parking, but also if parking backs up on the Lake Avenue, which is a city road, do we do have the right to readress this? Thank you, John. If the use were to operate outside the approved conditions, if they change their days, hours, or number of trucks, um what are enforcement mechanisms that are available for the city so we can fix this should there be a problem? How is that handled by enforcement? Well, that typically the first course of action would be a a talking to I think. I mean, I won't speak for staff on that, but you don't want to res resort to the nuke before it's necessary necessarily, but the second level would be code enforcement. Um, it is subject to code enforcement. A code enforcement officer can go out there, site, give them a reasonable time to comply. If they don't comply, it comes to the code board and then things really start happening. Um, additionally, there is possible CP revocation and other remedies.

Thank you, councelor. I have no further questions at this time. Miss Wisington. Um, thank you, Mr. Chair. Um, majority of my questions have been either asked or discussed, but I want to zone in on the request for 4 days, the hours, and how that's going to impact traffic getting in and out of 50. Um, have we considered that? And I'll let you answer that one first. The the project was considered to be dimminimous. It was dimminimous. Okay. Define that.

It means minimal or No, but I want I want staff, please.

I literally just had it. So the Lake Sumpter MO defines dimminimous development as any development for which the net average weekday peak hour two two-way volume generated by development is less than a 100 trip ends or driveway volume on adjacent roadways. Okay. When we look at this area for this food truck, you said that it was self-contained. That answered a lot of my questions before because reading this it didn't I didn't get the understanding that it was self-contained. Um, so I was concerned about the disposal of any waste. I was concerned about how it fits into that area, right? how it's going to impact the other area things that are in that area during that time. Um, and the 20 foot landscape buffer and the things that Commissioner Nemac addressed as far as why are we going from 10 to 20 from 20 to 10? So with the use itself in the conditions of the resolution there is a statement basically stating that no outdoor entertainment and loudspeakers and music should be allowed. So that was taken into consideration with the residential towards the east side of the property. with the north side of the property. Um, again, the request was to shorten it just based off of the applicant's request on the property and being able to configure everything on the property.

And then the review was based off of the burm that's already on the property and the land development codes basically saying that with the 20 foot requirement 10 of that can be a burm that then goes into the landscaping like plantings. So with the plantings and the burm already that is already helping screen it just based on the elevation of the property.

Okay. And are we required to notify the surrounding businesses and things that are there in that area of a potential um this food truck coming there and the impact that the additional traffic and whether they're coming in and just picking up this delicious food that you're talking about and leaving that's still going to impact the surrounding businesses and homes that are in that area. Are we required to notify them? The answer is yes and no. There is a notice requirement that this is happening. There is no specific notice requirement of the how it's going to work for them. You know, is this competition coming in the area?

Yeah. And and so people have an opportunity to be heard. Okay. Um and the only other thing I would say is that you know when you look at the conditions uh for a cup it does allow you to consider you know what are the neighborly what are the neighbor uses what is the transportation in and out everything you've raised is something you can consider. Okay. Okay. That's all I have for right now Mr. Chairman.

Thank you very much. Um well on this side we'll start with Mr. Teddona and then we'll work our way back to uh Vinnie who can have any additional questions answered. Thank you, Mr. Chair. Um, just a couple of concerns. So, if you go to Google Maps, the site is a lot different than what's on page 19. Um, so I'm not I'm not too sure what is going to happen with that existing gravel piece that's kind of at an angle. That's number one. The footprint on page 19 overlaps a tree that's next to that house. So, we haven't even talked about if we're going to lose a tree. Um, what's going to happen with that? The you have to drive past that site in order to get here. So, coming down 50 towards this building, I did notice the house. I did notice the tree. and then the property just kind of like opens up on you. Um, this food truck is going to be below 50 and then what really you don't show in any of these pictures, but you if you drive past the property, you'll see it. It pitches from 50 all the way down. I mean, you know, this is the algebra that you don't want to remember in school. So if this is 50, the whole piece of property is pitched this way. There's nothing level on that piece of property. It's all pitched. So I guess part of my concern is I know you're talking about having a storm water area which now is going to probably be according to this diagram right up against this house. Um, I'm not too sure how you're going to pitch all that water into a storm water

area when it's going to run off that entire piece of property. So, and again, just a list of things. It looks like the only piece of concrete on this property is going to be the handicap parking. Um, stabilized grass is a new one. We don't have anything like that in Brooklyn. Um,

there's a wheelchair accessible from 50, but on the left side of of that drawing, I'm I'm I'm not too sure what the elevation is. So, depending on what your codes are, if it's like, you know, you drop two inches for every foot or whatever. But if that's a wheelchair accessible, if that pathway is wheelchair accessible from 50, that might be a pretty steep run, I'm concerned about that. And it goes into a hard right-hand turn. So, you might be getting some speed while you're coming down there. And then if that person wants to get onto that wheelchair and go back on to 50 on that sidewalk, I'm not too sure what that elevation is where either I'm going to gain speed coming down to the food truck or I'm going to have a heart attack getting back up to 50 from from using my wheelchair. Um the fact that the food truck is below 50 leads to another kind of question of what kind of signage. I realize you said it's lit up, but you're going to have to put some sort of signage either on top of that trailer or truck or maybe line up along 50, which may or may not be a distraction. So, that's concerning. As I said, I think the whole property is pitched the wrong way. Um, we're talking about a takeout service only, no dining, which is fine, but between your diagram on 19 and even on Google Maps, which I try to explode the neighborhood, it's limited walkability. It's not like this food truck is sitting outside Lake Sumpter State College where you've got the ability of 2,000 students and a 30 thou a 360 foot view of your food truck.

You are below grade. You've got a tree line behind you. You've got a burm in front of you. So yeah, people will know that you're coming. With all due respect to Lake Sumpter MTO, I think there's a big difference between what they consider a trip count and what's his actual reality. Because if this were to take off and you've got four people parked on the grass, I don't know what you're going to do during hurricane season when there's like five or six inches of water. You might not get your four days of the week that you want, but part of the problem is with reality is, and God bless you if you are successful, you know, there's nothing that says you're not going to have cars staged trying to get in while other cars parked on grass trying to pull out onto Lake Street, which is really just an oversized one-way road, which is not going to be able to handle that traffic. So, uh I have it I said we'll overflow traffic stage on Lake Avenue, which is a one-lane road. I don't know what you're going to do when the water is saturated, uh the ground is saturated during hurricane season. You're you're going to have water coming off of 50 towards your food truck into all of this area. I mean, I'm not a rocket scientist, but that's inevitable. the the the water is the ground is pitched against you. If the if the if it was pitched the other way going towards a storm drain or something, it might be a different story. But I can't imagine how this place is not going to flood and how you're going to get all that water into a storm water area and I guess to my colleagueu's point, are we even alerting people to all of this that's going on? So, it's really not I beg your pardon. It's not a question. They're more of

like concerns. I mean, if this property was graded, it might make more sense, but you're basically putting this stuff on a on an incline. And um I I just don't it just doesn't make sense to me. It's not on a flat road. And like I said, if I was in business, I'd want this I'd want this thing in front of uh the hospital. I'd want it in front of the school. I want it in front where my my potential clientele is 4,000 people walking in and out. Not the potential of 40 40 people in the neighborhood and a damn load of more cars on a one lane road. There's nothing here. There's nothing that you can tell me after living in Claremont for eight years that this is not going to generate more traffic. There's nothing you could tell me. So don't even go into it. I don't believe trip trip counts. I believe in reality and what I see. So thank you, Mr. Chair.

All right. Thank you, Miss May. Thank you, everybody. And um some of the questions have been taken, but I will kind of go back um and ask the questions again just for clarity. Um so we're not calling this a food truck. We're calling it a food trailer with a truck pulling it uh in and out of the property when not in use. That is correct. So on the three or four days now,

well, we really going to be, you know, three days. I'm just trying to say a little cushion. Uh I'm looking at, you know, Thursday, Friday, Saturday, or Friday, Saturday, Sunday. I just thought of the extra day just to have a little cushion. Okay. But otherwise, the three days are fine with us. But we're going to be primary. But the question was for for the three or the four days that you guys are trying to do, every night you'll be taking No, every night it goes back is going to be removed. That is correct. That was just the question. Okay. Don't sit there at all.

All right. Um, in regards to any of the tenant improvements, I don't see any tenant improvements except for the sidewalk, which is what material? Is that gravel or is that concrete? That's concrete. That That is concrete. concrete. Okay. And then the driveway will also be asphalt or is that going to be gravel? Okay. If you don't mind. Yeah, no worries. Those are the questions that I It's just hard to see.

Yeah. Um so the um the sidewalk is going to be concrete as as stated. Okay. The um the driveway apron which is in the rideway Lake Avenue is identified as concrete which is per city code. the drive vial in the property uh will be of a imperous surface. It could be concrete, asphalt. Um so, but and that is accounted for in our storm water pond. Um could be gravel if it's within with allowed within the code, but it' be an impervious surface. Got it. Can you guys put that other picture so I can kind of visualize the color rendering? The colored one. Yeah. So, I can visualize.

Sure. And I do want to answer some of the questions as well on the storm water um when when we're done talking because I know that was a concern that was okay. So I'm looking at it now. So it says concrete apron and then the gravel. Yeah. Gravel drive and then the concrete sidewalk. Now that sidewalk connects to the the burm does not go to the end of the street. The burm ends exactly where the property line is. It does taper out a little bit. And that was the the point where we felt a good connection to State Road 50 would would occur. So then the sidewalk's going to go up.

It is. And I'll talk about that as well if you'd like. Um because I know that was a question that was raised. Yes. Um so on that note, um of course this is a concept plan and a lot of questions that were asked are these are more technical that will evolve into the engineering such as the grading um and and all those items, drainage, conveyance. Um, so the sidewalk will meet the accessibility code. Um, and it may change its configuration. It may have a kickback ramp. Um, but it will meet the intent of the accessibility code to provide access to the public way. So that will be in that will be demonstrated when we make a formal site plan application. So

now are the stairways going to be removed because they're like the stairways to heaven kind of. It doesn't really you're it just goes to the broom. I don't think it's been decided. I know they've been there forever. Um, and I don't it's I don't think it's been decided for its significance of what, you know. Yeah, I know. I just for somebody to, you know, try to climb and go over I just safety issues, but there's just just something. Um, and how wide do we know? It's just the requirements of the ADA uh ADA. So, the the sidewalk itself, the width of it

will so it's 5t wide once we leave the property. Um, but when you're closer to the food trailer, it's going to be a seven foot sidewalk, which allow for more flexibility for when people come up for the takeout. Okay. Um, does this property sit within the CBD or is it outside the CBD? It's it's outside. It's outside the CBD. And the reason why is because of the My next question is going to be about parking.

Okay. Um so in regards to parking uh based on the food truck park that uh Commissioner Neim had brought up that was um appro I guess uh denied first and I guess I I guess it was approved after with all the conditions. They base their parking requirements as one space per 200 square feet of the of event space. That's in the ordinance. So, I'm trying to figure out how you guys came to the parking requirements for this site if the trailer is not going to be more than

uh right 14t wide and 25 ft long. How did uh the staff or the it was based off of the use requirements within the land development codes for parking requirements of restaurant pickup only? Takeout only. Takeout only. So you're basing the one to 200 on the other one because that has seating. So it's more of a restaurant. Correct. And then your B well restaurant is one actually no restaurant within the code is one space to 100 square feet. for takeout. For takeout.

For takeout. Yeah. And the if you look at the square footage of the pad, it's 350 square feet. So 1 to 100 would put it right under it' be 3.5 spaces. So you're looking at four spaces. Four. Okay. So you have enough there for the price. Yeah. So I just wanted to make sure how you guys came to that parking requirements was based on the pad size, not the actual size of the trailer or truck. So it's based on the pad size. The the pad size. Okay. Usually it's on the square footage of the building, but um yeah, I was just Okay, that's a good question because that may give flexibility in the future if they get a I just want to make sure there's

we're going to have adequate parking, you know, because again, I know restaurants, you're basing it on the gross floor area, I guess, and not just on the the bottom of the bottom of the restaurant. Yeah. So, the requirement actually would be less than what we're providing. So we're in in advance of the code. So on a smaller truck, right? So this doesn't include staff parking or or because it's just it's just a takeout wouldn't include a staff parking. Okay. Um so ma'am, you had stated that electricity is coming from a generator. Yes. And then the water and I'm assuming the collection of uh water sewer that is also collected within a tank.

Yes. wastewater tank and freshwater tank. Okay. So, that's all collected and then that will be taken off every night. Each night. That's correct. Every night. Okay. And it's I think it's important to note that this is not a building that's going to stay any place. This we're going to move the trailer every time it's operated.

No, we understand that. So that in the event there's inclement weather or there's a lot of rain and and we're concerned about the wastewater, we don't have to operate. We don't have to be there. So we will wait and make sure the weather is permitting when we operate, but we wanted that fourth day in the event we have to miss a day to be able to make up for that. Got it. Um, is there a requirement on where you eliminate the water? I mean, is there a requirement in in regards to that where the water the elimination of water or grease from the property, where do you dump it?

We don't um this this is a special part about our business. We um prepare our food healthfully for individuals who want to eat healthy and seniors. So, we do not fry nor do we have grease. So, it's prepackaged food preparation. We only broil. It's broil. Okay. Yes. It's only broil. oil. So, uh, with that, there's no grease or oil, um, disposal necessary, and we will dump the water that we use doing the trailer at our, uh, site off of Ray Good Game dry.

Okay. Um, let's see. So, I think you answered. Okay. And then I guess you you'll also remove the trash every night as well. Okay. All right. Lighting. I think uh Mr. Commissioner Mimick had brought that up in regards to lighting at night uh because that could be a concern uh you know especially you know with any neighboring residents. But I guess you're saying that you're going to operate until dark. Yes. Because you're or put a light pole. Yeah. Until dark and everything. I was thinking about it would be nice to have a a nice pole light uh

on the property on the property. Uh it would be so I was going to talk with Duke Energy and see what right but so once you put a light pole does that now uh kind of jump start the impact fee because it would be considered a utility meter because I I understand that impact fees are required when a utility once a utility meter is part of a project. Is that just Can you kind of clarify on that? Yeah, impact fees are only paid on the water and sewer, not electric. Okay. That is Thank you, John. [laughter]

Did that answer that question? Uh yeah, the the what he addressed in regards to restrooms that was something uh that I had here 88 accessibility. Uh you spoke about the sidewalks. Um so no seating for customers or strictly just pickup. I mean that's just great pickup. So, you know, the concern there is how do you stop a somebody to sit on their hood or, you know, well, there's no only place to sit down is not on the grass. No one is going to be sitting down on right. So, how do we how do you kind of enforce it? I guess you'll just have to I mean, because when it starts hap when that starts happening, then you're going to be, you know, the parking's going to be it's going to start overflowing because nobody's leaving. and they want to eat that food hot and

right, you know, right? Um, so that's kind of a question mark there for me in regards to the customers showing up. Um, do you guys I mean we don't we're not going to have any tables or anything like that for people to sit sit down. It's a purely cash and carry uh business and everything. Okay. So, but it doesn't stop somebody from sitting on their hood or it doesn't stop somebody from sitting on their hood or in their car and eating away because I've done that, right? You know, cuz I'm hungry and that one, you know, right? Right.

So, just that was just a thing. And then, you know, do you have any inclination or uh information on like on third party deliveries, you know, Ubers? I mean, will you be accepting? You're not doing any of that Ubers and GrubHub or you're Are you guys going to be doing that or is it strictly just see we're just getting started out with this. Okay. Later on that might be a consideration, right? But then that becomes a problem because you know then you got Ubers and so you have

I have to come back for the council and get permission you know to do something like that. Any changes in what you make that's going to deviate from uh the CJ CJ the contract which we are going to be signing. Okay. Any changes we have to come back to the to you guys,

right? Because that was considered on the other just to let you know that was a consideration that they added. Um I think they they assumed that they were going to get at least 45% or 60% of Uber business. Um so that's something that you know has to be in consideration. uh, you know, one designated spot for that type of, you know, uh, pickup service, you know, that's going to be because, you know, the [clears throat] generation now, well, I mean, generation they they they love to do, you know, they love to do their Uber Eats and uh, and GrubHub and Well, well, you know, you you got the uh the robots are now delivering uh delivering food and everything. I mean, well, I don't know. I haven't seen them here. I've seen them in Miami and I've seen them in Nashville. You see from Walmart?

Oh. Oh, well, that's the drone. Yeah, the drone. Yeah, but they they got permission. That's that was a totally different Okay, but that's where we're going. Yeah, that's true. But um and if we do, we'll come back. So, in regards to like fire hazards or anything, is there any fire hydrants or anything close by? I mean, how how are you going to be considering? No, we carry two um sorry fire extinguishers with us that covers electric

brace and I mean that's what we did in Jersey. Okay. You go to the food Amen. Uh, inspector comes down to take a look. You got to have two fire extinguishers to cover all three uh, water, electric, but I think the fire uh, the this it's I guess the fire it's in the conditions. I think the food truck area will be inspected by the fire marshall for life safety requirements. So, that's all covered under the Thanksg.

Yeah, I just wanted to see how you guys were covering it. Um, signage is the last question. Is there going to be signage on the property? And if so, is that going to the staff? Is that something that has to be a separate um because it's not the condition is not in here in regards to signage size and it'll meet code but the the the language of signage is not in the in the ordinance. They would they would still have to meet land development code for the signage,

right? But, you know, the city that, you know, we have people that go kind of beyond sometimes the signage sizes and so then all of a sudden we have code enforcement going after them. And so, I mean, it might be nice to have some signage requirements in the ordinance. So, at least they know that they can't go beyond a certain Yeah, it's it's in their condition number um six. All signs shall meet uh shall be consistent with city sign code as amended. Okay. So, food trucks don't have a different sign size. They're all the same. Um, it's it's going to be dependent on in terms of the signage that they come through and do through the permitting. And does that include flags?

There is some banner flags. Um, and again, that's something that I'm going to defer more for um building and code. Um, the question is, could they put a a sign here like a permanent monument sign? I would not think so because there's no structure or building, but they would be able to put signage out while they're open by the road. They would be allowed or on the burm or something like they would have to it would have to be within their property. Okay. All right. So, um I think Oh, in regards to um and I'm you know what? I'm just going to let you uh Commissioner Neim in regards to the 10 foot. I understood what you were saying. I never got to finish. So,

yeah. what and I think what he was trying to say and I and I saw it and this is this will be my last one and so you can no I think um what my what I saw what what I was hearing from him is that we're giving a variance in regards to a 10-ft buffer on the north on the north side which is along the 50th but why are we doing a 10-ft buffer on the south side and I think John you were answering the question can you let us know again because we're trying to figure that out because If the if the requirement is 20 foot, would it be requirements of 20 foot on both sides of the property? No, that it it's based along the road frontage. When you even only on roadage,

right? If you look at residential subdivisions, they have wider buffer requirements along rightways, roads like that. Um, and that's how it's written in the code. Uh, in terms of that, again, on the on the north side, there's no road. It's adjacent parcel. Um, it's vacant. Um, they're going to do a 10- foot buffer and that meets the section of the code for that north. Yep. So, you don't own the property behind it. Just ends right there and then there's another property owner, right? Okay. So, and is that actually owned by by or is that city right away? This it's city own.

Oh, that's city. That's you guys. Okay. Okay. Perfect. And then what is the purpose of the storm water drain? Is that the retention pond? Is that a requirement by the city? I just I'm still trying to figure out why. I mean, I was looking at I'm like, wow, it's a pool. They're going to have a pool party, you know? I'm like, what's what's I mean, is that a requirement by the city? I just it just seems kind of Yeah, I can help you out. There is nothing there now. So,

there's nothing there now. Um, so it is a requirement by the city and also by the state with St. John's River Water Management District. Um, and I'm glad you mentioned that because also um, you had those questions as well. Um, so based on an increase in imperous area, which we do have that by the food trailer, the handicap parking space, the sidewalk, and the gravel, we're increasing impervious. So therefore, the runoff would increase. So we are required to capture that and treat it and um, treat it with water quality before we discharge. So um just regarding some questions what all the water goes downhill that's true um and it still will go downhill uh but by by rules we cannot increase the runoff in the postdevelopment conditions so we will have runoff going offsite but we will not exceed the pre-development runoff and that's by you know city of Claremont and also by the state for those rules. So we are going to capture it and grade it and maybe do some storm whether it's inlets or swailes to capture that that runoff bring it to the storm water pond but the boundary condition will not have an increase in storm water discharge to adjacent property owner.

Uh last yeah last question on the course. Do you guys are required to have a barrier around it? I'm just I just you know if anybody falls in or something I mean it seems very close. So there are there are requirements regarding a barrier which would probably be like a fence. Um but it all all dependent on the slope of it. Um so if it let's say a 4 to one slope St. John's does not require a fence. Anything steeper would require a fence. So right now we don't know um that how steep the pond will be how deep it will be. The footprint yes it appears big. Right now it's a placeholder until we get some geotechnical data and then we can kind of truth the size and the depth of it. as long as that truck doesn't fall in

because it seems you know based on this conceptual plan just seems so tight. So that was just you know my concern there. So okay understood. Um I think that is it sir and I appreciate you answering my questions. Sure. And then also on the grading I know that was something that you mentioned as well. Yes, the the food trailer will be below the runoff is going towards it. But when we actually do the grading plan, the site engineering plan that will be detailed of kind of the spread it away and have it go towards the pond or towards inlets that would convey the runoff. So that'll be further detailed in site plan application. Good. Miss May, I'm done. Thank you very much, Mr. Ensua.

Thank you, Chair. Uh first off, Mr. Jamanna, Mr. Richardson, Miss Rowan, thank you so much for coming and being a part of this process. Um, everybody here has asked some great questions. Um, and a lot of things that even to this day, things I don't think about. So, one, thank everybody. Thank you guys. Um, I'm I want to say this is obviously a work in progress. Um, and I know once you guys do come up in front of council, um, this process is very long. They're going to ask lots of questions. Um, from what I see here, it seems like you guys have done a good job in being creative. Um, everybody's basically asked all the major questions that I've had. Um, I think with I think it's one of those things where when you Yeah, because everybody seemed to ask all the questions that I've had at this point. Um, so one, great job everybody. Um, I don't think I have any other your outstanding questions in terms of what everybody else has. Um, and hopefully you guys are going to show the willingness to work with council and with us to make sure that everything is in line for what you all are planning to do.

Absolutely. Thank you. Thank you, Mr. Neck. Okay, let me continue please. So where the food truck is, how far away would you say that is, Mr. Germany? From Route 50

from the boundary line, which is not the travel lane of State Road 50. The boundary line, the the food truck is approximately 15 ft from the boundary. Um, if you want to take it to the travel lane of State Road 50 and of course this is not dimensioned though, but I would You got a sidewalk in there. That's why I'm Yeah, you have a sidewalk, a little grass strip. So, you would say 20 ft. I'm just worried about the debris if it's a windy day, a napkin going on traffic and all that. Uh, I'm also worried about like they're boiling. Okay. If they were boiling two weeks ago, you're going to get nothing but steam and that might reduce the safety of Route 50. I'm not trying to deny it. I want these answers

asked and answered before I reach my final decision. So, please don't take it that way. We don't have we don't have boiling. There's says right here in your application that you royal b o i l royal. So, we don't boil anything. Boil. Bacon. Yeah. So, we broil. We do not use a boiler at all. Okay. So, in other words, you're boiling like in the like my I'm not a cook. My wife is the cook. I'm sorry. I was just talking about that. All right. So, would that include any smoke? No. No smoke. Just oven. Okay. All right. That's answered.

This just seems way too healthy for me. Um, but well, thank you for your input, counselor. [laughter] I know you'll be the first customer if it gets approved. Okay. Uh, I'm just a little It seems like Good. My commission asked all the questions and all that page is done. So, yeah. Right. Uh, I just want to clarify. So, every day that food truck will be removed. from the premises. Correct. Okay. What size truck is required to move this large trailer? Well, I have a 2500.

Oh, so it's a pickup truck. Yeah. 2500. Pull anything. I'm sorry. It will pull anything. I take your word for it. I don't own a 2500 truck. Okay.

Okay. So, that takes care of that. and to the architect designer, you have enough clearance to make that turn because I'm worried about that retention pond. See, right now, I got to base the decision because I don't even know what the depth of that retention pond is. All right? So, if it's only a certain amount, it's still going to be going down at least 2, three feet. So, if he, like I said, forget about his truck and the trailer, what about the resonance coming in? For example, what I'm hearing is that their food is delicious. All right. I'm sorry. I disagree with you. People aren't just going to come and take your food. They're going to sit there and they eat it while they get it. They're hungry. That's why they're going there. So, I'm looking at these aren't enough parking spots. So, they're going to try to park anyway. I'm just worried about a car going down that retention pond. That's what I'm worried about. That's what I'm asking. What is the height of your trailer, Mr. Richardson?

Let's see. I would say on tires I think about No, no, no, no. It's about 9 ft. 9 10. So we'll be sticking four feet up from the sidewalk. Correct. Because that's a 5ft BM. That's a 5ft BM. So you're going to see four feet at the top of the trailer. Correct. Okay. Okay. There's are there going to be any illumination on the 50 side or only the illumination is going to be on the parking lot side? The illumination would be on the parking lot side. Okay. So, you're going to have no illumination. Huh? No illumination pointing towards 50.

I say we would have Duke Energy to come out. They have expertise in this particular area and based upon their recommendation. Okay. Now, as far as the trailer lights are concerned, we have ample lighting that lights up all all around the trailer and we use uh generator. Yeah, a generator. Okay. Okay. I have no other qu Oh, parking. Uh, that's Well, Miss Commissioner May hit it. I'm I'm sorry. I don't believe you're only going to have four cars parked at the same time on the property. All right. I'm firm believer because when it comes to staff, you're coming with the trailer. So, we don't need a parking spot for either one of you,

right? Or whoever's driving the trailer is going to be working that day. Okay. No further questions. And just to clarify, Commissioner Neim, on your uh question regarding the pond, um you're correct. This is just a concept plan. the level of detail that you're you're um looking for is going to be in the site plan application regarding the the depth of it, the size of it. Um an auto turn will be provided with our submittal showing that a a truck and a trailer can maneuver safely and not clip the area of the parking spaces in proximity to the pond. And there will also be a buffer of a flat area before the pond starts dipping down. So those those provisions will be provided when those details are

but it won't be provided for us. It'll be provided to city council. It'll be provided to staff with the site plan application process. Well, that's my question. When does the site plan application get who does it get submitted to? City council or after city council votes? Unless anybody It would be after the city council votes. If it's approved by the city council members, then it would be reviewed during the site plan review stage. Okay. Thank you. Thank you very much.

I just want to um I I just have two questions. Um one, I just want to confirm with the applicant there there's not going to be any permanent trash recepticles. There's no there's no dumpster. There's no city trash cans. There's nothing trash wise that will be on on this property on on a permanent basis. You're you're removing everything. Every day. That is correct. Okay. And if I might add, for convenience, if someone wants to eat what they've gotten from us right at the window, we will have a trash receptacle there, which we will dump each evening, take the bag out of and and dispose of it ourselves.

Okay. And uh my other question is is for council. this this business of of three or four days. If this was passed um this resolution passed um as it's written, would that be they asked for this extension, but if we approve this, is it 3 days or would it be four or do we have to have amend it to be four days? It depends on the motion. Um you know, I I think if I understand your question right, it as written it's three. So if there's a motion as written, if we wanted to give it to them for four, that would need to be an amendment. Yes. Okay. Y could I say something? I believe the way it's written it says up to uh three days. I believe

what it says on your application. Yes. So up to three if we did not I was just saying instead of up to three up to four. So it's up to you know because it all depends. Like I say we're senior citizens so we're going to be right. But but to give you to give you the fourth we would have to we would have to amend this. You agree with that Kurt? Oh I'm sorry. I know I I I I misunderstood, Mr. Chair. Just like you can put conditions on approval, so too you can say we recommend approval with up to 4 days. Okay. So, I'm sorry. I it doesn't require a formal resubmission and amendment of No, but but I just wanted to make sure if we if we pass this what what they're what they're getting. So, we we would have to tack something on to it for it to be four days

through the motion and approval. Yes. Yes. Great. Thank you. Any other questions before we look for a motion? All right. Do I have a motion? Mr. Chairman, I'll make a motion. I'll make a motion that we approve resolution 2026-001R, crab cakes conditional use permit, with the recommendation that we include the requested change from operating days from 3 to 4. All right. Do we have a second of that motion? I'll second it. Second.

Motion second. Any discussion? The only discussion is that they brought up the time since they have no lighting. 10 p.m. seems too late and dark and I think that they would uh the discussions that we heard from the the owners is that no later than 7 p.m. So, does that also have to be changed and added to the motion? I mean, and that we would have to that's up to you. Yeah. And that would be up to you all. Are you all I mean it says 2:10 p.m. Yeah, but we're not operating until 10 p.m. So would you all senior be at the time?

Right. So would you be comfortable then to changing that no later than 700 p.m. which is what you stated. Okay. So that's all that was just an additional thing that I heard from them because of the concern of the lighting since they don't have a pool. I hear you. It's it's light a little bit later than seven in the summer. Um Oh, okay. Well, maybe we can get something more reasonable. You just say something like dawn dust to dust to dawn. Dust to dawn. Dust to dawn might be better because it changes, right? With season they could work when the lights there for them. Does that sound fair to you? We're trying I'm trying to reach a compromise here. Repeat that again. He said he's saying dust the dawn is what he saying. Yeah.

And the and the reason why because of the change, you know, the the dawning the dusk. All right. Yeah. Yeah. because of the change, you know, sometimes, you know, in the the change of time, you know, sometimes 7:00 p.m. is still light. So that's why they're saying dust to dawn, which I think if that's okay. Okay. Well, that's that's good. Is that okay with staff? It's dawn till it's not dawn. We're going to say from 11 a.m. to till dusk. Dusk. What about right now 5:30? That's a good point. I'm I I think we should leave the resolution as as said we have it there. I still I'm still concerned.

The 10 p.m. for me is an issue because of traffic um and lighting. That's the that's for me is the concern is the 10 p.m. They don't have any lighting. The only lighting they have is the trailer. They have no lighting for the parking. And that's a safety issue for me. That's all I'm saying. So perhaps saying 8 would 8 800 PM be a good good compromise. Would 8 p.m. be a good compromise? Well, let me ask let me ask ask you this. You wouldn't have a problem with if we if we did in fact put a uh light on the property, would you? Then we would have to make it a condition, Mr. Richardson.

If we don't have a problem, we set those times. We would have to set a condition that you have to get a light pole. I'm not saying anything out of order because that's what they did with the other three food trucks. I think you were thinking what I was thinking as well, Commissioner Neim. Um that if if the they give the owners flexibility if they do operate when it's dark, there needs to be a condition that they need to have appropriate sight lighting.

Correct. So this way they have the flexibility if things are doing great um during daylight hours and they want to pursue at nighttime they need to have phototrics sight lighting for the safety factor. If that condition seems fair that's what is what I would suggest this way it gives them flexibility. Commission, would you mind h ask how help me craft the amending this one more time? Because I I included the request to change operating days from 3 to 4. How should we craft the remaining lighting? May

well, he's saying um I don't think it would be under the hours of operation. I think it would be a different condition. Um I guess number 10 or something saying that um that uh I guess once the establish Yeah. Once the establishment um I guess the dark I'm just trying to you're saying appropriate cyber lighting. I mean may I make a recommendation? Yes, please. Because you're the one that brought it up and I think that as long as we put it as a 10 separate to the hours of operation I think right. Sure. So thank you.

Yes. Yeah. So if conditions uh if the hours of operation um are after dusk u or when you know when it's dark then uh photoometrics or site lighting shall be implemented into the development something to that effect. This food truck you use it before, right? It's in use right now, right? It's in use. Yeah. In other words, it's not going to be brand new. You you used this before and other properties. I'm sorry, sir. We spent seven years on the show. I don't know that, sir. I didn't ask that [clears throat] question. That's why I'm asking you. Yes, sir. All right. Because I want to know the lumis of the lighting that you're saying you're providing. Yeah, there is lighting.

But what's the I know, ma'am. I'm sorry. I just want to know the lum of it. It's got to be about at least I'm trying to help you by not buying a pole. That's what I'm trying to do. Okay. Okay. But you know what? I'll just be quiet. I think it's about 60 lm. Uh somewhere along 60 70 uh lum. Okay. It's got very good lighting. It lights it up very nice around there. And I I guess to add on top of that, the the phototrics part would be sight lighting and would also account for what the the truck or trailer produces. So that would have to be submitted to staff for their review for the phototric part. So although we don't know what that is, it would just be part of that detail that would be illustrated with a phototric plan. Whenever you're ready, Mr. Kramer.

Well, I'm going to take another stab at this. I'm going to make a motion that we approve resolution 2026-00001R crab cakes conditional use permit with the re recommendation we include the requested change of operating days from 3 to 4 and the recommendation that if operating hours are after dusk additional lighting will be required to meet photometric needs pursuant to the city of Claremont Land Development Code pursuant to the City of Claremont Land Development Code. [snorts] All right. Good job. Do we have a second on that motion? There's a second. Second.

We have multiple seconds. All right. All in favor? I I. Any opposed? Nay. Nay. Nay. Three ns. All right. All right. I think that is uh all the the business. Do we have anything? Um thank you very much folks. Appreciate it. Appreciate it. Thank you very much. Um do we have anything else from from council? Any any upcoming trainings or anything like that?

Yeah, Mr. Chair, I think what I'd like to do is I'll get with staff, but I think I'd like to um have something on your next agenda about both training and taking your questions regarding relevant things like sunshine, public records, things like that. So, I would expect that. Chair Chair Colby, uh, one thing if you can let them know that these are just recommendations and that this goes forward to city council for approval. So, yeah, you didn't say that. So, I was I'm so used I know. [laughter] I just don't want them to know, you know, things that

you can say that. Uh folks, the the applicant, we just want to make sure I'm sure that your your engineer has been through this many many times, but this is just our recommendation to uh to city council that we'll take the um make this permanent decision. So, thank you so much. Thank you. All right. Motion to adjurnn. I'll make a motion to adjurnn. We are adjourned. Second. Great job, chair. Thank you. Vinnie said, "I don't need the responsibility." I don't need the responsibility. I don't want the responsibility.

I had to