Planning Commission - Regular Meeting

Thank you, Madam Secretary. Would you like to do roll call? Chair Philip Landry, present. Vice Chair Russell Alexander, present. Member Megan Marshall, present. Member Don Griggsby present. Member Ruby Bridgefor here. Teresa Riley Oderity here. Amit Patel. Mr. Chairman, we have a quorum. All right. Thank you.

I should I guess one point of order before we begin. Um, I've been informed by staff that agenda item, they'll probably make they'll clarify this, but agenda item K, Chisma States incumbrance annexation, um, they would like to present that after the uh, why plat items which are BC and D. So, inserting item K after the way plat uh, grouping. Yep. Okay. Okay. All right. And then city staff informed me that they wanted to do an introduction very quickly.

Good evening. Good evening, Commissioner. Tisha Manny. Um, I've been serving as the interim director for community development, but I am pleased to introduce to you Jeffrey Ball. He is now the community development director, and he started with us on Monday. Welcome. Good evening. Um, thank you for uh your service. I know we have a long agenda, so I just wanted to take a minute to introduce myself as a new community development director. So, it's nice to meet you. Welcome. Welcome to St. Cloud.

All right. So, first order of business is approval of the minutes from the planning commission meeting held on February 17th, 2026. Everybody had a chance to review the minutes. Do we have any questions, comments, concerns? If not, could I get a motion to approve? I move that we accept the minutes of the February 17th meeting. All right. I have a motion. I second. And a second. All in favor of approving the minutes? I I

Motion passes. Minutes approved. All right. First resolution is We have three. Uh, well, I'm sorry. No, I'm skipping ahead there. Uh, action item A is resolution number 2026-23R for Graceful Christian Academy. This is a conditional use CNU25-00008. Good evening, ladies and gentlemen of the commission. My name is Sean Raja. Uh I'm a senior planner with the community development department. I'm here today to present uh DRC case number CNU 25-00008, Graceful Christian Academy, which is accompanied by resolution number 202623R for conditional use. The site as seen in the aerial is an existing institutional site. The location of the and it's the location of the alter. The applicant Luke Anthony of the alter is proposing to operate a private school from two modular buildings on the site. Here is an image of the site plan. The two modular buildings you can see as modular building number two and number three. Um, the use was previously approved by the city council on September 11th of 2025 of last year under a previous conditional use which was CNU25-00001 which was to be the alter academy for CNU25-00008 the graceful Christian academy the ownership of the church is the same but the private private school is to be operated by graceful Christian academy nothing else has changed since the council approval last year. However, one

of the conditions of approval for CNU 251 for the alter academy was that the previous conditional use was for the alter academy only. Thus, the name and operational change requires that this conditional use be brought forth for your recommendation and future council approval. Right. Um the current future land use uh is institutional with a zoning designation of R1B residential per city uh of St. Cloud land development code chapter 3 article 5 section 3.5.1. The use as a private school in the R1B zoning designation requires conditional use approval. The proposed operation times as stated by the applicant are to be on weekdays approximately from 8:00 a.m. to 3:30 p.m. with each modular structure having a maximum capacity of 20 students and two teachers. On the screen is a graphical depiction of the current future land use uh of institutional. Um, and here we have the graphical depiction of the current zoning designation of R1B. Again, depiction of the existing site and indications of the location of the proposed modular buildings that will operate as a private school under Graceful Christian Academy. Staff has reviewed the submitted application and concept plan on or before February 25th of 2026 and recommends approval of residential uh resolution number 202623R with the following stated conditions. Condition one, the approval of the requested conditional use does not constitute the approval of the provided concept plan. Changes to the site will

require approval of a site development plan and any additional plan approvals required by the land development code. Condition number two, no reduction in parking shall be permitted. Conditional number three. Uh this approval is for a private school, Graceful Christian Academy, subject to land development code 1.3.3E and is valid only while the initial initial certificate of use remains active. If the certificate of use expires or the school changes ownership, the new operator must apply for a conditional use permit to continue operating. Additionally, there was a fourth condition that was unfortunately omitted on the staff report and this PowerPoint that is a condition that had been recommended by the council with the previous Alter Academy conditional use approval. That condition that staff would like uh the commission to recommend is that for as long as the use permitted here uh under here continues in the event that stacking or standing of vehicles encroaches into the public right ofway or otherwise interferes with the flow of vehicular traffic as determined by the city. The resolution may be brought back before the city council for review and consideration of additional conditions to address traffic issues or possible revocation of the rights granted here in perpetuity. Likewise, staff requests planning uh the planning commission recommends approval with the conditions as stated by staff of resol resolution 2026 23R. Thank you for your time and consideration.

Thank you. Is the applicant present? Would you like to speak? Please state your name and address for the record. Luke Anthony, 1215 Old Hickory Tree Road, St.Cloud, Florida. And uh me again with this school, but yeah, the uh same plan, just a different name and uh run by Graceville Christian Academy instead. Okay. Does anybody have any questions for the applicant? No. And my understanding from reading the report is you haven't had any issues with stacking or

none at all. Yeah. Been great. We've done drive up pantry. So they come, they log in, register everything, and yeah, it's been great. Okay. Excellent. All right. At this time, uh, we will open for public comment. Is there anybody in the audience that would like to make a comment on resolution number 2026-23R? All right, I don't have anybody in the audience, so we will close public comment. Any other further questions or comments? I just by the commission to clarify on the on the slide it said 20 students per building. In the report it says 20 students total. So which is it's uh 20 students per structure in the

per structure. Yeah. Okay. And that's a maximum amount of students. So 40 students maximum. The maximum is 40 students, 20 per building with two teachers. Okay. Just curious, uh, do they have to for the conditional use permit, is there a yearly fee on that or is it just a onetime fee? It's just the onetime fee for the application and the process. Okay. Um but again, like we said, the condition that was stated explicitly requires us to go through this process,

right? Yep. Understood. Different name. All right. Uh any other comments, questions, discussion? Okay. I' like to call for a motion. I'd like to make a motion to recommend approval of resolution number 2026-23R based on the 16 finding based on the six factual matters within the land development code and with the conditions as stated by staff just for clarification miss the four conditions the the added fourth condition um that was specified at the end of the presentation by staff that was absent from the report she did say stated

I did stated by staff. I didn't know if I needed to specify how many with conditions as stated by staff. Okay. Okay. Thank you. They made an amendment. All right. So, we have a I second a motion for approval and we have a second. All in favor? I I I.

Any opposed? All right. Motion passes. 5-0. All right. Next ordinance number 2026-06. This is Wh Plat. So, there's three of these. I assume we should be reading them all together. All right. All right. So, like I said, first one is 2026-06. This is for the voluntary annexation NX25-000020. We also have ordinance number 2026-07. This is for a comprehensive plan amendment. This number is CPA25-000011. And then the last one is ordinance number 2026-08. And this is a zoning map amendment ZMA25-000014.

Good evening, ladies and gentlemen. Um, for the record, Marcus Bastian, deputy director, community development. And I would like to just uh welcome uh those of you who are just joining us and um thank you for being here. Uh before I continue, I just have a couple of things uh that I would like to introduce into the record. Uh prior to um um this hearing, we did receive some information request from the um Orange from the Oella County School District um and it's part of your packages. So all of you should have this but in order to also introduce to the record uh here I would just like to briefly read the condition that was requested. Uh actually it's I'm sorry it's not a condition it's a comment that was uh requested for us to add to the staff report. Uh that comment u states that the proposed way plat is a development that may generate up to 4650 residential units uh being that being 2200 single family and 2450 multif family dwelling units uh per the east uh of Lake Dohoo element approved by the school board of county commissioners uh I'm sorry by the board of county commissioners on August 16 2010 275 acres were denoted as additional land uses. The school board maintain its rights and entitlements um consistent with the applicable laws and ordinances to collect educational system impact fees for all residents and development within um for development within the way plat development. Uh additional the school board has requested dedication uh and they say here no not donation but it's a dedication of improvements required of a 20 acre net usable K8 school site with off-site retention infrastructure uh to

support the school site and other improvements uh required by the SDOC uh to ensure impacts uh on school capacity are addressed appropriately. Um the school board is respectfully requesting a hold to be placed on all STPs related to the way plat development until such time uh as an agreement to mitigate impact of the development on student capacities executed. So before I continue I just want to let you know this is not a condition of approval. It's just a note that uh they have requested. So the school board and the I'm sorry the school district and the uh developer should be working this during the next uh steps of the development process. So um with that we can go to our cases. Thank you.

Can you just clarify for the commission SDP is site development plan.

Site development plan which is not under consideration tonight. So a site development plan is uh frankly quite far away from where we are today. Thank you. Uh as already uh was already mentioned this uh is a presentation for the annexation comprehensive plan amendment and zoning amendment for the way plat uh development. Uh this is a fairly complex project. You guys are going to be hearing this quite a lot in the coming uh year um or years probably. And I wanted to just put in context here before we uh begin. Uh you all remember um couple or most of you will remember that a couple of um meetings ago we discussed nail city south which is what's shown on your screen right there. the remaining uh area. This is all um um to the southwest of the turnpike um in the southwest corner of our jurisdiction. And you're going to recognize here too also perhaps cross prairie village which u has been subject of other meetings in the past and obviously Edgewater East and Edgewater West. We also have Bellaterara and two other communities that uh at this point are still in Oella County. So that's Eonten and Waterland. So today we are talking about WH Plat, which is what you're seeing on your screen right now. Um and as far as the annexation goes, this is um in accordance to the Florida statutes is continue continuous to our jurisdiction and it's reasonably compact. Uh it's adjacent to the city limits. Uh it's located within the joint planning area boundary and um it has approximately 743.53 acres. The current uh future land use

for this area is mixed uh use uh county and depending future land use after next will be uh mixed use uh within the city. The existing zone is MXD which uh denotes mixed use for the county and we have a similar designation in the city that is M MIX or mix. Um the development is compatible with surrounding area and there are no adverse impact uh on city facilities. What you're seeing here is the existing feature land use map uh the blue area and you can it's a little bit hard to see on the screen but you have that yellow outline for the subject property. Uh and I apologize we'll make it thicker for the uh following presentations. Uh but this area here that you just see in uh kind of this uh light pink area now is um the proposed future land use which is the mixed use. The existing zoning for that subject prop for the subject property is um current currently MXD and this is uh the proposed zoning uh for mix. Now this property as part of the annexation process there is also something else that is not under consideration tonight but it's it's going to become u a part of a future hearing. I don't think it goes through uh your board but it's the development agreement. Um and the development agreement is where we recognize the prior existing uh county approvals. So what you're seeing here is that this project in 2021 uh had a concept plan that was approved by uh Oella County. That's the CP2108. Um and uh with that in 2022 they had a preliminary subdivision plan that was also approved. That's the PS2207 or 00007.

Um and uh subsequently they had uh PSP uh amendment. Uh so that PSP is uh essentially changes to the project that you saw before and the development uh started with the NSDP which is uh you know the site development plan that was done through the county. Uh but that was only for phase one which is roughly the northeast corner of the development. What you're seeing here is that concept plan. So going back that is that CP2108. Uh this is what the level of detail that you have on that concept plan that was approved by the county. This is where they establish the uh place types and the neighborhood types that are within the development and also give you the full uh development approvals for that project. Um later they are uh this is the an example of their phase one SDP. Um, and I just want to again highlight that this is only for your information. I just wanted to give you that information so you're aware of what exactly we're talking about, but it's not part of any of today's u requests. Uh, so that's the SDP and this is a phase phasing plan which is a little bit harder to see, but um it it just tells us what sequencing of development they're going to uh they're going to provide us as the next steps. So with that, um staff has um reviewed this um cases on or before 313 uh March 13th. Uh we recommend approval and we request action of approval of ordinance uh 2026 uh 20267 2060 and staff uh is available if you have any questions and the applicant is also here.

Thank you. Thank you. Does anybody have any questions for city staff? Prior concept plans are like still they stay in effect. They just are adjusted as needed on that little list that you had.

Uh yes. So um the the concept plan um is a process. So, so there's a a a conceptual master plan and this is going to back a little bit geeky but u the way that this is developed it's a framework that gives us the assurance of the character development over time right so it starts very early with what's called a conceptual master plan and that conceptual master plan has like a a a pretend grid uh and I'm just putting air quotes here because they create a preliminary grid that under ideal situations that's what would that's what would happen in that particular uh area and those are done for very large areas. You can see here that is this is 750 acres but when you go to edge water it's like thousands of acres and this is done uh uh normally by the county although we may at any point do the same framework it it's allowed um our framework allows us to do that but as a general rule we get that from the county from from Oella County so they do those sector plans or those concept plans and then after that they break down that conceptual master plan into smaller concept land plans which are more at the scale of what you're seeing here 750 acres right and at that point then uh is when uh between these two first phases is where we know what is going to be developed how many units um uh and what is the distribution of neighborhoods um once that's done then uh is when really uh the the work with real conditions begins. So yes, they can go through amendments of the concept plan uh each one of these concept plans. They can even be required to go to amendments of the conceptual master plan which uh will be going all the way back to the beginning. But as a rule uh those plans

get amended to conform with a real world constraints like a new wetland that was found that was not you know at at the high level of planning was not anticipated or so forth and so forth. And then they also adjust some of this um network the train station network so the framework roads and how should they be aligned. Um so once they have those two in place that's when we start seeing things like the PSPs and uh and so forth as long as the future phases remain consistent and we can discuss what consistent means or not right but they as long as they remain consistent with the prior approvals we don't go back right but at any point if let's say they next more area they want to they want to do something that substantially change the character of the original development, then we can go back and say, "Okay, you're going to have to make your future SDPs, right? Or your site subdivision plans to be they they have to go retroactively change the concept plan to make sure that they are aligned."

So, they can make a change, but also the city could make a change too if something we can have staff initiated changes, but but that's an entitlement. Once we you receive those, that's an entitlement. So we wouldn't go back and and remove entitlements from them, but we can have minor adjustments and we do that all the time, especially for things that are minor adjustments to environmental lines or to transportation. Okay. And the reason I'm asking that is because if the p the these concept plans were already approved or in place, then we're really just bringing this into the city's realm.

That is correct. So we are bringing those entitlements from the county. So a big part of what I mentioned with the development agreement is that there's a lot of conversation between us the developers and uh we have a document that is prepared that says we are hereby accepting the following and so everything we try to do as much as possible of the prior entitlements that they have with the county. We try to make it as seamless as possible. So we we try not to revoke any of those prior approvals. However, uh it is uh within the city council's authority to say no, we do not accept certain things. Right? So that's part of the development agreement that is not here today. So it's that's a different process going to come as a different uh application.

Okay. And and I want to say I'm going to look at Tisha here because I don't believe that the actual development agreement comes to you. It goes straight into into the city council. Is that correct? Yeah, that's correct. I guess I'll just add to your question that you don't need to give us a lengthy description, but um I'm unable not to.

So, well, uh so this is a we're going from mixed use district county to mixeduse city and part of the goal with mixed use is to have exactly what it sounds like, mixture of commercial and residential. Correct. But what we continue to see is, you know, developers continue to just build residential because that's what brings the quick money in and whatnot. So, what do you guys have in place to help kind of mitigate that and make sure that so mixed uses actually are

I want to set I want to set a few expectations here that mixed use doesn't mean that everything will be mixed. Uh I wish that that was the case. Uh what a mixeduse concept plan does is that it it gives certain balances between uses. So uh just to use this example uh what you see there is that everything that you see in yellow and um and kind of like this light orange color that is supposed to be residential and then those red areas are areas where other uses are introduced. that balance has been negotiated back as far back as like let's say 2010 when the concept plans uh were accepted right and so certain areas of the development will be uh will will have mixed use it doesn't mean that is mixed use everywhere um and in an ideal world uh that will be correct that we would want cities to have all of these uses um intermingled right but that's not the reality of how development happens here. So, and here by here I mean this country not not here some cloud.

Thank you for the quick description. Uh is the applicant present and would the applicant like to speak?

I'll just be very brief. Loganopsaw 215 North Yola Drive. Appreciate the the overview and summary. No notes. So, thank you. Um yeah, this this project's been going on a long time, years and years. And as noted, uh, we got quite a bit of runway, uh, with the staff before we deal with, uh, development agreements, site plan approvals, things like that. Um, but but appreciate the exchange and the back and forth, and it's it's it's accurate. Uh, the it's it's like for like really, we're taking from the county to the city, and there's certain things that we have to work out with the city, and we look forward to doing that. So, um, some additional comments that came through recently. Uh this has been pretty exhaustively reviewed by the county uh by the school board and we'll continue to work with them to to sort out those comments. But uh any other specific questions I'm happy to answer.

Thank you. Do we have any questions for the applicant? Just a clarification. I bring these things up because it's the basic of basics and sometimes just people like me who sit out in the outside world, I just happen to be hopefully asking questions that they would because why are we doing it? Are we approving something? Well, this has been approved before. We're just So that's my reason for asking.

Yep. I appreciate that. Um, and I should have mentioned as well, you know, too, the you probably got this in your brief and staff report or other notes, but um, this property is is also within your joint planning agreement between the county and the city. And so although we have, you know, quite a bit of approvals through the county, we're at the point really and the joint planning agreement where it's appropriate to come into the city and avail ourselves to those policies and procedures. All right. Thank you.

Thank you. Uh at this time we will open for public comment. I don't have any submitted uh comment forms. Is there anybody in the audience that would like to speak on either of these three ordinances? Okay, we will close public comment. Any other discussion? The commission. It's uh it's the same thing from the county just coming into the city all right like to call for a motion

for let's start with resolution I'm sorry let's start with ordinance number 2026-06 the voluntary annexation I'd like to make a motion to recommend approval of ordinance number 2020 26-6 based on the 16 findings within the land development code. All right. I have a motion. Do I have a second? Second. All right. Motion and a second to recommend approval. All in favor of recommending approval? I I I. Any opposed?

All right. Motion passes 5-0. Next one is ordinance number 2026-07. And this was the comprehensive plan amendment CPA25-000011. Do I have a motion? Keeping things moving, I'd like to make a motion to recommend approval of ordinance number 2026-7 based on the 16 findings within the land development code. I was I think they want you to include in there the motion to transmit to DOC on that for the school. No, we're not. I don't not asking for that. We are Yes, you're correct. Yes, we're we're we're adding the the transmitter as well. Thank you.

Uh uh, additionally with the submission of the schoolboard information, sorry, you'll have to give me more guidance. It's the it's it's in the report. It's a a recommendation to transmit to DOC for their review because of the I believe the size of the Yes. of the uh the issue, the land use. And if if you need more information, I'll be happy to uh to clarify what that means. So I'm not sure that I need to ask for more clarification, but how to manage it in my motion. I'm going to amend with the recommendation of uh the report. Yes. To transmit the report. Thank you.

To from the doc to do. Thank you. Second. All right. I have a motion and I have a second. All in favor say I. I. I. Any opposed? All right. Motion passes 5-0. Next one is ordinance number 2026-08. This was the zoning map amendment ZMA25-000014. Do I have a motion for that one? I'd like to make a motion to recommend approval of ordinance number 2026-8 based on the 16 findings within the land development code. Second. All right. I have a motion for approval to recommend approval and a second. All in favor? I I

Any opposed? All right. Motion passes 5-0. All right. Next, we have uh we're skipping, I believe. Yes, you're correct, Mr. Chair. This is item number K.

Item K. Yes, sir. All right. So action item K is ordinance number 2026-16 and this is Chisum Estates encumbrance annexation number ANX25-000025 and the applicant is requesting consideration of an incumbrance annexation of plus or minus 44.33 acres of land known as Chisum Estates encumbrance annexation pursuant to Florida statute 171-044 171.044, I'm sorry.

Thank you. Once again, Marcus Bosian, deputy director. Um, and this is an encumbrance annexation for approximately 44 acres of land um just um uh adjacent to our existing um city limits on the west side of Narusi. Uh the background is that uh this uh just as our prior annexation case it's u according to Florida statutes uh section 171044. Uh it's contigu contiguous to our um uh it's it's has contiguous borders and it's reasonably compact. It's adjacent to our city limits and it's within the joint planning area agreement agreement area and uh it is um uh also continues to the city limits. I'm sorry this is kind of repeated. Um the existing future land use uh varies. There are multiple future land uses and there are multiple future uh multiple zoning designations. Uh this is a brief uh or an overview of the location. What you see here, the subject properties are uh within the uh yellow boundary, excuse me uh in the aerial view of the area and the existing uh future land use here as you can see is uh mostly um u low density residential and I'm I'm going to apologize here because in our reports as there are multiple I don't see any other and less visual Usually I'm missing something but uh I don't see the other than LDR uh the existing zone and it's a mixture of mostly residential zones and our staff recommendation is for

approval of ordinance 202616 with the following comments uh from public works um and comments one through five are just for the Chisum state um parcels. Uh the storm water pond was constructed to support this development uh platted as track C and dedicated to the public. This storm water pond is maintained through an MSTU. Uh the street lights were installed to support the development and at the cost and the cost of maintenance and electrical costs are paid through an MSTU. Residents of the Chisum states are currently paying MSTU fees for maintenance of the stormwater pond and street lights. In 2025, uh in the 2025 tax bill, residents paid uh $213 for the storm water pond and $291 for street lights. Uh with the annexation, the cost uh and responsibility of maintenance of these facilities are um is transferred to the HOA. Once annexed, uh the transfer of the cost and responsibility of maintenance. Um I'm sorry, it's kind of hard for me to read there, but the maintenance street water pond of the storm water pond and an uh street lights from the MSU to the Chisum states HOA would occur on October 1st, which is the beginning of the next fiscal year. Residents of the Chisum states are currently paying MSU fees for solid waste services. Uh in the 2025 tax bill, residents pay $396 for solid waste service waste services and the city will begin providing uh those services uh on October 1st and the Ageway will also be responsible for infrastructure including but not limited to storm water ponds, street lights, irrigation, entrance features, open

space tracks and etc. um hon or before the uh February 26 of 2026 um staff has evaluated these cases and uh recommends approval of uh ordinance 202616 with the following comments from public work. Um general comments for all parcels with annexation. Uh the city will begin uh transfer of maintenance of the um right away from Oella County to the city of Suncloud as described in J in the JPA. The following rights away shall be transferred. Uh Chisum Straits uh Chisum Estates Drive, Twisted Branch Lane, Settle Court, uh Chisum Road, and portions of Albany Avenue. The staff uh uh recommends approval of ordinance 202616 uh with the following comments. Uh Oella County Community Development uh Oella County staff has reviewed the proposed annexation application and has identified items that need to be addressed concurrently or within a specific time frame of annexation. The following information is provided as background for your review and incorporated incorporation to staff report. uh uh and associated ordinances. The proposed annexation is within the ultimate city limits um of the JPA. Uh the county has updated our permit review our meaning the county's permit review system to note that this properties are pending annexation to the city of Suncloud and the county will continue to coordinate with the city of Suncloud if any new development applications are submitted uh to the county within this uh while this annexation is in process. The county records indicated that there are no outstanding building code violations uh within those properties. And as outlined

in the March 2014 JPA, uh the annexation ordinance shall include the full um the full width of any u adjacent rightaways. Uh Oella County also had the following u items to be addressed. Uh as far as roadways go, uh per JPA, the transfer maintenance of our next roadways, we will c within 18 months and this request creates um a series of enclaves that are outlined there. Um and then according to our interlocal agreement, this and ordering clays will be um annexed in a timely manner. And the fire assessment for an next parcels will be reflect on the tax bill for the properties annexed. And as an advisory note, the county also uh states that they will not continue to maintain the pond located within Chisum states uh through the MSTU assessment. as we already mentioned that gets transferred to the HOA responsibility. So our recommended action for you today is uh that per section 133B2 of the land development code, the planning commission shall review uh nextation land use and zoning petitions and submit uh its recommendation to the city council based on the 16 uh required findings identified in section 133 C2A of the land development code. And our recommendation is approval. All right. Thank you. Do we have any questions for city staff? Yes. That's a lot, right?

What is an MSTU? Oh, it's a municipal service taxing unit, which is essentially when certain improvements are made uh to things like ponds or um um street lights or any kind of other infrastructure, uh you can create an assessing um instrument that then charges the residents for those improvements over time. So that means that that payment is is um is made um in um you know ahead of time like it's it's it's it's I'm the word is actually escaping me here but it's like is it in advance?

I'm sorry the payments are made in advance. Thank you. In advance that was that but the payments are made in advance by the county or the city and then they are charged over time to the residents. So um so that is uh essentially you can tax any type of development for any type of improvement as long as that uh tax is uh is uh reverted back to to the developer right so let me ask when the HOA takes over does it just start at zero or is there any debt that the HOA takes on or is there any

No that's an ongoing cost so that means that uh what happens here is that the um that that uh that uh responsibility that is on a monthly comes on a monthly bill from the county today, right? So that means that they are paying the county I'm sorry that that means that the they're paying the county in on their MSU taxes. Now they're going to become part of the uh HOA fees for the maintenance of those facilities. Right. Well, the reason I'm asking is because uh if if anybody lives in an HOA, I'm sure some of you do, right? Fees go up

because the cost of things go up, right? And so, um I mean, do we know that the charges, the taxes that they've been paying accurately reflect the actual cost of the maintenance? Because, you know, if the HOA takes it over, you know, they have to take over the cost and they have to figure out how much do they charge each of the residents. And as a general rule, actually, if anything, they might go down because there's certain um benefits from being part of the HOA that they might do this in a more

uh nimble way, right? So, so for instance, for maintenance, so for instance, for maintenance of the pond, for instance, they might already have a pond uh u um a loan maintenance service that that does all the common areas. They're just adding the pond. So, that you know, $300 or whatever that they pay. Oh, and I said monthly. I apologize. That's actually an yearly fee, not a monthly fee. Um so that yearly fee that they they that they pay would then get re um uh reverted to the HOA and the HOA would just uh uh take those costs on and if it's not fiscally um balanced then that mean that the HOA would just have to uh to assess that appropriately. Yeah. Okay.

So all of the properties that we're talking about are already in an HOA. They just have not been organized the way that it's being proposed. So I don't know why it was at the time created as an M MSTU. So there's a good chance that it was just because um it was a choice of the developer to do an MSU at the time. So I I have no background on that was established after. Yeah. Yeah. And it could have been too that the AOA came after the fact. There's a a million reasons why that MSU would would have been created. Miss Griggsby, can you put your mic if every Sorry, I moved it so I could see my screen. That's got to give it on the record all those things.

Can you go back to the slide to add that information in it about the MSU? Yes. I think it's in every slide, but um let's take a look at the one that talked about uh that one. That one. So, has the city um surveyed the condition of the roads and things like that to understand what the maintenance what kind of maintenance they're taking over?

Um we have reviewed as part of uh the annexation um like when we do the annexation um the case intake and the case review. Yes, we have a team that does that. Now, uh I cannot speak to that because I'm not part of the team, but the reality is that we do take uh those streets every time we annex a different piece of property. And as you all know, we have been annexing a lot of land lately. Uh so that is just uh part of the uh the cost benefit that that we all do.

And that's not so much for our board per se, but sometimes I like to mention things like that for our council members that watch these. Maybe they didn't think about that, you know, and Well, I'm I'm pretty sure that is in everybody's mind. It's a cost that the city is taking on. I mean, yes. Yes, the city is going to get the advorarium taxes, but you know, they also take on the maintenance cost and things like that. So,

yes, and I think that in this case it's it's not such a huge deal because they are local roads. It becomes much more of a a factor if we're talking about, you know, larger scale roads with. In that case, a lot of times though, those might remain as county roads. So if it is already a county road, it might remain as a county road if it's a framework street. So So I I want to clarify in the tax bill, residents paid $213. That's not all residents. That's each household. Or is it all res? Uh it's per household. Per per unit. Yes. Just wanted to make sure.

Would you elaborate on number four on the solid waste? Uh does do they pay the city now? What happens there? Uh I believe that we don't charge for solid waste. I think it's um I believe in the Toho we charge for solid waste. Yeah. Yeah. It's part of So that is one of the things that that is going to go away and it's already Yeah.

So um we did have there's and I I don't know if anybody here from the public is is going to be speaking on that. Uh but that was a concern we had. I forgot to mention we did have a meeting on uh March 9th with the residents. So, it was a community meeting uh where we sent notices to the uh residents that were impacted by the annexation and we had nine attendees plus or minus here but nine attendees and I think we actually our staff outnumbered the attendees because we had the city manager, we had fire uh chief, uh the police chief, um our communications director, uh there were a lot of us there and the concern that you hear is what you're alluding to, which is what's going to happen to my taxes. Yeah,

the reality is that in most cases it will depend on the very specific improvements and the the current condition of each property. Uh it's likely that they might increase um because um millages will be different uh and also uh like this transfer of fees might change things, right? However, um it is part of our longterm plan with the that's the whole reason for the JPA is that we will continue to enact those areas, right? So even though um this uh has taxing implications for the residents, the the reality is that when uh the whole the whole reason an incumbrance exists is because they got services from the city. So we have been serving uh uh providing them with this infrastructure already. So um the incumbrance agreement was given by the developer probably 20 years ago. So I don't know when

I looked in the report and some of these were from 2003. Exactly. And and so what happens is that when uh as part of that agreement it is uh u the developer and I know that some of those owners might not even know you might be signing 300 pages when you buy a home right of like something that you don't really know but one of those documents would have been this transfer of the incumbrance agreement that goes from the developer uh and stays with the land. So uh unfortunately u and I I empathize with with all of them right it might be something that you are not aware but it is within the interest of the city to enact those lands over time because we're already paying for those services

and your goal in this public meeting was to uh underscore the benefits of of being part of the city.

Exactly. because because our and and I again I don't want to speak for others here because I could put you know Chief Kirky here or or or Chief Miller here and they would give you all of the benefits of how our response times are better uh all of the technology that we have in our public uh safety and our police in you know all of the programs that uh we uh believe that our services are superior to what they are getting today and again I don't want to get into the details because it's not my area but Yes, there are obviously a myriad of benefits of being part of the city. What services are the city currently providing to this area? Do they have water and sewer? Water.

Yes. So, they installed the water and sewer at the time that the subdivision was uh developed. This part of the incumbrance agreement, you know, basically we provide water and sewer. Eventually, when you become contiguous to the city limits, you know, that's when the encumbrance agreements are cashed in, so to speak. Yes. This item would create enclaves which could further be annexed as part of an enclave agree. Enclave agreement or enclave annexation. Yes. And and we tend to do those in groups, but those folks never sign an agreement. Correct.

Yes. but they are within the JPA and part of our JPA or the the whole point of the joint planning agreement with the county is that whenever an area is adjacent to our boundaries or u contiguous or enveloped by development that is already within the city, we will tend to try to make our boundaries uh as cohesive as possible and as uh compact as possible for a series of reasons, including discourage sprawl. And I know that that doesn't sound like what what this is, but it's it discourages in pro sprawl and increases our ability to provide efficient services because if you do have those enclaves now they're having to be serviced by uh the county. And so that means that if you have a small pocket of units that is in the county and there's let's say a fire emergency who gets uh you know to serve them.

Well thankfully we don't have to worry about that because of our interlocal agreements. But to your point, a garbage truck for the county would have to go exactly through the city, collect the county garbage. Yeah. So, were were those people notified of this because this would directly affect those people as well? Um, I don't have the details here, but usually we send notifications uh uh within 300 ft of uh the properties that have been uh within the boundary. I'm looking Ralph. Um, is it 300 is our standard notification boundary? Okay.

300 300 ft. Is anybody here to speak on this tonight? No. Okay. That meant that the staff must have done a good job of answering their questions March 9th. We sure hope so.

Okay. So, uh officially I'm going to open public comment. Uh but I don't think anybody's here to speak on it. So then if not I will close public comment at this time. Uh I mean yeah I mean I don't think these things are easy right? these incumbrance annexations. Uh, but we're going to continue to see more of them.

I don't like the fact that it creates enclaves that people didn't sign up for to be annexed that would then be annexed. Yeah, I personally I I think that the I'd asked this question before, but I don't know that we got a clear answer because it's not really your jurisdiction, but um I wasn't sure if the value of the homes were reassessed at the time that the um that it changes over to where you're, you know, paying the city millage rates or if it just basically continues on whatever um assessment you've already had. I mean because normally those uh I think it's 3% per year now that they can go up.

I might be wrong here but I believe that the assessment itself does not change until the property is sold. Uh but the the millage will change it would change between you be paying on whatever value uh was recorded in the uh property appraisers. Yeah. And they, as you said, they have the uh annual increases that are established by the property appraiser. Yeah. Okay. Any other questions? All right. Like to call for a motion. This one might be a tricky one.

Okay. I would like to make a motion to recommend resolution number ordinance number 202616 Chisum states encumbrance based on the six uh based on the 16 findings of the land development code recommend to recommend approval not oh I recommend approval I'm sorry all right we have a motion from Mrs. Bridgefor approval. Do I have a second? Second. All right. I have a motion and a second. All in favor say I. I. I. Any opposed? No. All right. Motion passes 4 to one.

Thank you very much. Thank you. All right. Should we go back to where we to E left off? Yes, sir. At E. Okay. E, F, and G, I believe, is where we are. Yep, we are at E. All right. So, E is ordinance number 2026-10 and uh there are actually three here I believe that we will read in together. Correct. Yes, please.

Uh so this is Narusi and Starline. Uh the first one is a annexation and the number is ANX26-0000001. Uh second one is ordinance number 2026-11 which is a comprehensive plan amendment excuse me number CPA26-00001. And then the third is ordinance number 2026-12 and this is a zoning map amendment number ZMA26-0000001 excuse me. Good evening Ralph Keith associate planner with community development. It's great to see you all and happy St. Patrick's Day.

Thank you. Happy St. Patrick's Day

to tonight we will be going over a case for annexation comprehensive plan amendment and zoning map amendment for the project known as Narusi and start line. The boundaries are contiguous and and reasonably compact is adjacent to the city limits and located within the joint planning agreement. The project is for 9.79 acres. Currently the future land use is lowdensity residential county with a pending future land use of commercial city. The existing zoning is H agricultural and conservation county and R2 rural development county. We are proposing a zoning designation of HB highway business city as well as the development is compatible with the surrounding area and will have no adverse impacts on on city facilities. Here is a graphic representation of the existing future land use showing the current lowdensity residential as well as a graphic representation. So showing the proposed commercial future land use. Here is a representation of the existing zoning showing that AC agriculture and conservation designation as well as the R2 And as well they are proposing the HBI highway business designation within the city limits. Honor before March 13, 2026 staff rec staff review this project and recommended approval. Likewise is recommended that the planning commission recommend approval of ordinance number 2026-10, 2026-11, and 2026-12. the applicant and the and staff are available for any questions.

Thank you. You're welcome. Uh can you go back one slide? Is this just two parcels? Is that why we're seeing the uh Yes. So, one of the reasons we wanted Chisum and Estates to go first because they're right adjacent to the bottom. Um this will be two parcels that will eventually be combined into one that kind of shows both parcels. So half the parcel is that R2 designation and the other half is the agricultural.

I do want to remind city staff, hopefully somebody will write this down, but I had asked in our last meeting that we have a legend on these so that we can see so that the commission can see the surrounding either future land uses, current zoning, you know, because we don't unfortunately remember what all the colors represent. Yeah. And I apologize for that. It's my fault because um we are in the process of actually redoing our staff report structure and we're going to have those legends, but um I will try to have that by next month for you guys. So, thank you. My I appreciate it.

All right. Does anybody have any questions? Yeah, I'm surprised this stayed rural for so long considering the location along Narusi Road here. Is there any plan of what they're putting in there or they're just prepping it?

Uh, as of right now, they are prepping for commercial. I am not aware what type of shops, but it will be to benefit the community because it is very rural. Um, we have gotten some feedback from people within the area who are very excited to see it come in. Is the applicant here this evening? Yes. Would you like to speak? Good evening.

Good evening, commissioners, staff. Thank you. My name is Chris Blton with Interplan LLC representing the homeowners and the applicant uh 220 East Central Parkway, Altimont Springs, and I'm here to answer any questions that you may have. I believe there was a question regarding potential users. Uh as mentioned, this is still just kind of prepping the properties, the two parcels for future commercial development. They are looking at several uh different commercial users including somehow parcels up front that would be pushed up to Narusi Road per the Narusi road overlay standards as well as some larger format retailers and mostly retailers and services that would be located in the rear of the property and I'm here to answer any questions that you may have. Okay. Thank you. Thank you.

Does anybody have any questions for the applicant? Is the parcel directly on Narusi Road is that even is that large enough to have or is it are you just trying to combine them? Can you go back to one of the previous slides? That particular slide is what you're referring to. Yeah, that is actually and it's it's very confusing that is taken from the property appraisers website or the county's GIS system. There is apparently then there is a title search that's been performed on the two properties to confirm that that little strip that you see there uh that looks like two separate parcels that is actually an old railroad rightway apparently and I forget what the name of the railroad was. It was like

I'm glad I asked these questions. That's interesting to me. Yes. You probably never knew that there was a at least a planned railway St. Cloud here at least that particular location. Uh it was abandoned quite a few years ago, but that was an actual railroad right ofway for and again I don't think it was like the St. Cloud Railway uh maybe Lake Tohjo railway. As far as I know, there were no actual tracks ever there historically. However, that's that's why you see what looked like two separate parcels, but if you go back to the previous slide, I believe you'll see those are the actual two separate parcels. There's a larger one on the north that's approximately I want to say around seven eight acres and the smaller one to the south that's approximately two acres. Okay, thank you for the clarification. You're welcome.

No questions. Okay. Well, do we have anybody in the audience that would like to speak on this? We will open public comment. No. Okay. This time we will close the public comment session. Any other discussion on this questions, concerns? If not, I'd like to call for a motion.

I'd like to make a motion to recommend approval of ordinance number 20 26-10 based on the 16 findings within the land development code. All right, I have a motion to recommend approval. Do I have a second? Second. All right, motion and a second. All in favor of recommending approval say I. I. I. Any opposed? All right. Motion passes 5-0. Uh, can I get a motion on the second one? Yes, sir. I would like to make a motion to recommend approval of ordinance number 2026-11 based on the 16 findings within the land development code. Do I have a second?

Second. All right. Motion and a second. All in favor of recommending approval say I. I. Any opposed? Motion passes 5-0. Do I have a motion on the next one? Yes, sir. I would like to make a motion to recommend approval of ordinance number 2026-12 based on the 16 findings within the land development code. Have a second. Second. All right. I have a motion and a second. All in favor say I. I. I. I.

Any opposed? All right. Motion passes 5-0 to recommend approval. All right. Next item is H I and J. Who want to read these together? Correct. Yes, please.

All right. This is for the Hickory Tree Road Community Center. And the first one is ordinance number 2026-13. This is for the consideration of voluntary annexation number 25-000026. Second one is ordinance number 2026-14. This is for the comprehensive plan amendment and it's number CPA25-000016. And the third is 2026-15 and this is for the zoning map amendment. And this one is number ZMA25-000020.

Good evening. Rob Keith, associate planner with community development. The case before you tonight is for Annex Station comprehensive plan amendment and zoning map amendment for the project known as Hickory Tree Road Community Center. Currently the parcel is contiguous and reasonably compact is located within the joint planning area boundary and is contiguous to city limits. Currently is 4.85 acres. The current future land use is community center within the county. The pending future land use will be community center city. The existing zoning is CCCCC, Community Center Core County, and the proposed zoning will be CCC C, Community Center Core City. The development is compatible with the surrounding area and will have no adverse impacts on city facilities. Here is the existing future land use showing the community center future land use designation as well as the JPA community center proposed future land use. Here's the existing community center court core zoning designation within the county as well as the proposed community center court zoning designation within the city on or before March 13th. Staff reviewed this project and recommended approval. Likewise, it's recommended that the planning commission also recommend approval of ordinance number 20266-13, 2026-14, and 2026-15. Staff and the agent are available for questions.

Thank you. Can you go back one slide uh to the image? I just want to make sure I understand. Yeah. Where's the elementary school? This is it. This is my elementary school is north of this. So, do you know where Noli and Hickory Tree Road is? I'm I go down it every day. That's why I'm saying it's right next to the corner of road and take a right on Well, I go down Hickory Tree every day and I'm going I will go past the the elementary school before I got to this property. Well, the elementary school would be further down on Old Hickory Tree Road. This is right. I'm sorry. further up. Further north. It's beyond the 7-Eleven.

Yeah. North. Oh, okay. So, it would be So, it would be further north. Then I need to turn it around then because I'm I would also like to point out that on the corner right there is the 7-Eleven if that might help you pinpoint. Wait, where does the 7-Eleven on the corner of Ny and and Hickory Tree and then Chapman's B just above the next to that? 7-Eleven Chapman's Berries. No, no, no. I'm at because I'm at Old Hickory Tree. That's why over here is the school. Well, the school is actually over here because if you remember, Hickory Tree used to It's on But it's on Old Hickory Tree School. But where Noly is used to be where old Hickory Tree.

Yeah, because it goes all the way around. Well, still it goes down. It doesn't go straight across across Noly. It does. And then it and then it turns. I was just what I mean is the hickory tree that the school is on is actually further west on this plan. It's over here. So, we are on regular hickory tree with the 7-Eleven. Yeah, got it. Just north of that giant storage facility that looks like a tower. What

what are the uh what's allowed on the on the uh community center property? It's commercial, isn't it? Yeah, it's commercial. I can't remember. So, I can't remember the specifics. And please correct me if I'm wrong, but it is my current understanding that it is a mix of both commercial as well as residential. Oh, I I I guess I I had thought that the the um community centers were supposed to be the centers of activity, not the housing. But go ahead, John. Good evening. Uh good evening.

John Adams, RJ Whit and Associates, 8 Broadway, Florida 347441, excuse me. Uh the agent for the applicant. Uh your community centers are part of the urban infill that you guys recently adopted with uh your update to your comprehensive plan amendment to the different centers and neighborhood centers, employment centers, community centers. Community center focuses mostly around retail and commercial, but also does allow for residential and the medium to high residential. Uh, as far as the commercial uses, uh, going straight from the county code, which is my understanding that you guys adopted, there is a minimum requirement of 4,000 feet per acre of commercial that's required uh, inside the core. And then in the perimeter, it's 1,000. So, this being in the core, 4.85 acres, you're looking at just over just below 20,000 required commercial that needs to be built. But once that commercial does get started, then you have a 0.5 F, which is just over 105,000 square feet that would be required commercial at this site. Now, the residential that's allowed is 18 to 40 dwelling units an acre. At 4.85 acres, it's not marketable for that to happen. Uh, so I can tell you that our client is a commercial developer. Uh, they have we've done several site plans on this site. uh for all commercial uh twotory minimum requirement and meeting that minimum 105,000 square feet of commercial retail.

Well, they need it out there. Probably not a storage facility since there's already one there. Not a storage facility. Those are come hard to come by though. And and I'm just curious, uh, would you be able to do something like a where you had commercial on the first floor and residential above? Yes.

You would be allowed to do mixed use in this, but again, if you do residential is not required, but if you do any residential at all, you've got a requirement to meet 18 dwelling units to an acre. So out here, you'd probably have a single floor of commercial.

So which F would you go by then? you'd have to go by the So, if I wanted to do residential, I have to set aside 4,000 ft of raw land for commercial. So, it's the county put that in because all their infill centers were starting to get developed with all residential and not the commercial. So, they were seeing the commercial land getting taken up. So, they put that provision in that in their cores, you have to set aside either the raw land or go ahead and plan for the commercial right now. So, if we were to do residential, we'd have to set aside again 4,000 feet of raw land per acre or plan the commercial. And once you start planning the commercial, you've got to meet that minimum F requirement of.5.

Yeah. Or, you know, half an acre per acre of development. Okay. Anybody have any questions? Just to state the obvious. So what we're hearing is this is a commercial spot. Yes. With interconnectivity that's required. So it would connect down to the south into that storage facility. Have to connect to the west as well where there's more community center that would eventually go out to Old Tory Road. So you would be able to cut through over to it and get up to the elementary school. So would it actually connect to the storage facility or to the

It would connect to the storage facility. behind the storage facility there's those town homes that have been built that all back up to this site. So there's the only opportunity would be able to connect into this because the town homes are already occupying the other area. Okay. And that uh the site plan for that facility of the storage facility does connect to the north and then actually that gas station up there that doesn't come close to meeting any of the urban infill standards uh has a crossaxis easement as well. So there would be a connection in there as well. So you can leave your town home, hit your storage facility, and then go to car wash all in one trip without leaving without being on Hickory Tree Road. Yes,

that's good. That's what we want. We want people to be able to do those things without getting on the road and you can walk to the stores that would be in this.

But just to clarify, we're not approving any development tonight. We're just requesting exactly what we have in the county right now. Yep. Well, thank you because we haven't talked about community centers for a little while. So, I needed that update. We recent there was one that we had recently represented uh that was out off Nova Road just north of the apartments that was community center core as well uh out there on the east side and north of the apartments. That's relatively new term in the comprehensive plan. Yes.

All right. So, I guess we still have to do public comment. Uh, is there anybody here for either of three of these ordinances, 2026-1, 12, or 13? Nope. Okay, we'll close public comment. Any other discussion? These are 13, 14, 15. Oh, I'm sorry. Thank you for clarification. 13, 14, and 15. Yes, sir. Those I'm still stuck in the past. Yeah, it's okay. All right.

All right. Uh, any other discussion? Feel comfortable with this? Commercial potentially? Pretty high probability, just not a car wash. Well, they have one of the 7-Eleven, so. All right. So, would someone like to make a motion? I'm make a motion to recommend approval of ordinance number 202613 based on the 16 findings within the land development code. All right. I have a motion to recommend approval. Do I have a second? Second. All right. All in favor say I. I. I.

Any opposed? Motion passes 5-0. Can I get a motion for the next one? 2026-14. I'll make a motion to recommend approval of ordinance number 202614 based on the 16 findings within the land development code. I have a motion. Do I have a second? Second. All right. All in favor of recommending approval say I. I. I. Any opposed? Motion passes 5. And can I get a motion for 2026-15? Then I'll jump over the opportunity.

I'll make a motion to recommend approval for ordinance 2026-15 based on the 16 findings within the land development code. Second. Motion. Do we have a second? Yes. All right. We have a second. All in favor of recommending approval say I. I. I. Any opposed? Motion passes 5. Thank you. All right. So, that was H, I, and J.

We already did K. So, that brings us to L, which is This one should be fun. Ordinance number 2026-09, entertainment district hours for alcohol consumption. Good afternoon, council, this commission. This is Tisha Manny. Oh, sorry. Wait. Let me Sorry, we went out of order. Patrick's Day. Let me get all the way.

Um, good. Good evening. Um, Commissioner Tisha Manny, zoning manager for community development. The, um, ordinance that's put before you, uh, 2026-09 for project KC CDA 26-00001 is for an amendment to the entertainment district hours. Um, this was brought forth, uh, made suggestion by city council, um, based upon some feedback from the business owners in the entertainment district area. So, the current hours right now are 11:00 a.m. to 12 and they're asking for those hours to be extended until 1:00 p.m. Um, the days and time are also Wednesday. Um,

sorry, just to clarify, you mean 1:00 a.m., right?

1:00 a.m. I'm so sorry. Yes, 1:00 a.m. not 100 p.m. um 1:00 a.m. and to um remove the Wednesday through Saturday restriction. So current the current time is 11:00 a.m. to 12:00 a.m. Wednesday through Saturday. So we're going to remove the Wednesday through Saturday restriction. So they'll be able to do it pretty much seven days a week and it's to 1:00 a.m. That is that is the change that's being made to the entertainment district hours. Um and this is going to help support of course economic development. We do have the entertainment district where they can do the um cups and walk to the different businesses in the different locations in the area in conversations with the um police chief. There has not been any type of um arrest or any type of disturbances that have happened in the area. Um so they were in support of extending those hours. So, it's extending it to 1:00 a.m. from 12:00 a.m.

Correct. Okay. And seven days a week. And so, yes, for some reason, I thought it was the other way around when I read it. I don't know why. I just You didn't have enough to drink. Yes. Yeah. I needed to drink maybe coffee. So, we've That was the first thing that went forth. So you are corre correct um chair Lantry because after we had that discussion then they went back to they want to remain the out they want to take the hours back to 12:00 a.m. So you will see that in your staff report where we originally requested an extension to 1:00 a.m. Okay. And then we backed it back to 12 a.m. Well, I did watch the city council meeting so maybe that's why I got confused.

Yes. Yes. So, um, so yeah, it was to extend it to 1:00 a.m., but they backed it back to 12:00 a.m., but they left the days to be the seven days a week. They didn't take the restriction of the days away. So, we're actually voting on only changing the number of days. Correct. Right. Correct. Yes. Yes. So it went so it would remain 11:00 a.m. to 12:00 a.m. It would remain 11:00 a.m. to 12:00 a.m. exception of Monday through you know Sunday through Saturday.

So does everybody understand what this is? This is the overlay the entertainment district a while back that they allow the sale of alcoholic beverages and you can basically walk around within that entertainment district within the entertainment district boundaries. Yes. Sunday, Monday, and Tuesday. With a clear cup and a sticker. Putting Sunday, Monday, and Tuesday into what's already there. Yes. That's it. Yes. Yes. With a clear cup with a sticker. Correct. Okay.

Yes. Um and so staff does recommend the approval. Again, a lot of discussion took place about this. Um we wanted to ensure that, you know, people are safe. We didn't have any complaints in the area. um make sure you know we we're growing and allowing for economic you know vitality without being disturbances to the residents in that area. So um staff does recommend um approval of this ordinance and we ask that planning commission also recommend approval of 2026-09 and staff is available for any questions because this is staff initiated. Thank you very much teacher.

You're welcome. I have a question regarding um letting the residents in the area know there's obviously nobody in chambers right now. There there is I live right over there. No, she meant there wasn't anybody in the audience in the audience. Thank you for clarifying that. Is there any literature that's being sent to those residents so that they're aware? Um obviously one to avoid unnecessary phone calls to the police because this isn't something that's otherwise permitted. um just making them aware of this change because it will you know it very well could impact their their lives.

Um no no literature was sent out um as far as the extension of the days. Um that is something that you know it it was not sent out. Okay. I'd be surprised if many people know that there isn't even an ordinance on time or days. I'd be more surprised if they knew that. But is that something you want to recommend to the council that they I think it's a good idea to let the residents know. There's some new people here. There's some older people that are like you said, they're not aware of it. So the more you know it's because you can see it if you're walking around, you can see the placards on the sidewalks.

Um but other than that, there's really not much, you know, information provided. So I don't I I did see one peeling up though. I think it needs to be

correct. They are peeling up. So, um, as we move forward with the entertainment district, um, we're also having a workshop on entertainment district as well. That's coming up on April 16th at the next city council workshop is when it's tentatively scheduled for. Um, so we are discussing other ways to make it visible that you are within the boundaries of the entertainment district. Um, yes, those stickers that are on the ground have been peeling up. So they are looking at some other options to you know maybe put something on the wall of the building so you understand that you're within the boundaries and that this building is participating. So there is a lot of conversation happening about the entertainment district and ways to number one make it more visible but also um more recognizable for people that want to participate to kind of drive some of that business to the downtown area. Yeah, I agree uh uh that it is an idea to let people know that because that is what will enhance the downtown. I just think we have to be really careful about what we send out to educate people because it is as citizens it's our responsibility to go and know the ordinances not to have to open up everybody's door and make sure they know them all. So I I think it's a a good idea if you we made a recommendation just to beef up the idea of the entertainment district and happens to be that these are the some of the guidelines within it. So

yeah to announce the changes it's because yeah it's our job to know what it is but if we're changing it and we didn't notify anybody you know we let we let other people know when there's a surrounding project within 300 feet. So I just it would make sense to me within 300 you know not saying you need to send it out to the entire grid but in the you know immediate impacted area I think it's a really good idea

maybe the city could coordinate with Main Street from historical markers you know that could double as marking the entertainment district or something. I think it's so that this item wasn't sent to notify any of the residents in the area that could have been impacted by it.

So, this item um because it is an amendment to our land development code does not require and it city initiate does not require us to send out any mailers. It does require advertisement. So, it was advertised for this meeting as well as city council and it's a full it's a legal ad um of the changes that will be made. So, uh an advertisement is required, but the mailers, the buffering that you're used to that goes out on projects for like annexations, CPAs, EMAs, that's not necessary. So, those were not sent out. What are the boundaries for the entertainment district? Yes. Pennsylvania,

Massachusetts to I believe Massachusetts. So, if we go east west, I think it's And then I think it goes Does it go to 192 or 12th Street? I think it goes to 192 back to 9th Street. Yeah, that sounds accurate. Okay, thank you. Well, officially, is there anybody in the public? No. Okay. Well, we'll close public comment at this time. What do we think? I I think it's a lot of I think it's a lot of days and a lot of drinking going on,

seven days a week. Well, I would I would recommend if you are concerned about it, watch the uh city council meeting where they do talk about it. uh police and fire, you know, both from my perspective said that they haven't really had any issues and they they didn't have, you know, they didn't feel like extending the days would have any repercussions, so to speak. I just know and I don't I don't know that it would be related to this because the bars are still open whether or not you're drinking on the street. Um, just where I live at specifically, the people leave there, they're walking, they're they do create issues. Yeah. I mean, this is purely not everything gets a police call. This is purely for people that are carrying an alcoholic beverage.

Yeah. In the approved cup from especially during events, right, when there's events going on.

Typically, it probably would only occur for the most part during events. Council, if I commission, if I may, um, to clarify for Commissioner Alexander, so when you're in the within the entertainment district, say you get a beverage from one location, you can leave that location with the specified cup with your beverage and you can walk within the entertainment district. You cannot enter another business location with that beverage. So, it has to be consumed prior to entering another business location. you have to stay within the boundaries of the entertainment district with your open container beverage. So people can't get a beverage from, you know, one of the local businesses, um, bars or restaurants and then, you know, walk down the street outside of the district while they're still consuming their beverage. So they have to stay within those boundaries.

Okay. Can I add to that? Sure. Okay.

Absolutely. Um the addition on the days is Sunday, Monday and Tuesdays, right to what is currently Wednesday through Saturday. And consistently Sunday, Monday and Tuesdays are the slowest day uh days of um bars and restaurants. as a previous restaurant owner I know and typically Sunday and Mondays are days that restaurants and bars close because of the lack of um you know just um individuals coming in but personally I don't think that those additional three days would enhance any additional you know public nuisance um to the city within the grid of the downtown entertainment center.

Yeah. I mean, the hope is that it would actually help with economic development, right? So, right, people could have events say on the Sunday nights that they maybe wouldn't normally and possibly, you know, alcohol could be served and help them, you know, kind of patronize the other, you know, businesses within that location. Okay. That's kind of an experiment, right? I mean, the the whole entertainment district thing, you know, isn't that hasn't been around that long? What, maybe two years? I believe 2023, right, at the end of Okay. So, almost three years. All right. So, it's relatively new, right, in its existence.

So, I think it's still kind of an experiment, but right. Plus, it's it's we have to be careful not to say what we think other people are going to do. We don't know that. if you can happen to be off and you go out on a Sunday night or a Monday night, you're not doesn't mean you're drinking seven nights of the week. So, I think it's just uh again adding to the economic develop as the chair says I'm not trying to encourage anybody to vote a certain way though. I'm just I'm not being encouraged. I just know that if you get I respect everybody's a beer at fire and then you walk over to the cigar place, you should be allowed to do that if they let you.

All right. So, is this one This is a little bit of a different type of ordinance. Do do we still have discussion? Anybody else? So, I don't know how how we read this one in as far as making a motion. I think you just can structure it as just recommend to approval of the way that staff presented it. Approval of ordinance such and such as proposed. All right. Anybody like to make a motion? Like to make a motion for approval of ordinance number 2026-9 as recommended by staff.

Okay. This is CDA26-0000001. Uh, changing the entertainment district hours. Um, do I have a second? Days. Changing the days. I'm sorry. Change the days. Thank you. Yes, sir. Changing the days. Do I have a second? Second. All right. I have a motion for to recommend approval and a second. All in favor of recommending approval say I. I. I. Any opposed? No. No. All right. So I believe we had three eyes and two nos, right? Mrs. Bridgeforth and Mr. Alexander, right?

Passes three.

Passes. Motion passes 32. Thank you. All right. Last order of business here is ordinance number 2026-17 and this is for accessory dwelling units uh land development code amendment and this is number CDA26-00002. This ordinance is to amend chapter 3 article 4 agricultural zoning districts and article 5 residential zoning districts and article 14 use regulations section 3.14.30 accessory dwelling units ADU of the land development code providing for severability conflicts codifications publication and an effective date.

Yes, thank you so much Tisha Manning manager for community development. Um so yes, we are bringing this or ordinance back forth. Um we originally approved accessory dwelling units in 2023 and with that approval um accessory dwelling units were impacted because they had to provide two additional parking spaces as well as pay impact fees for any accessory dwelling units they wanted to um build because they could be attached, they could be detached. So, if you were converting your garage into an accessory dwelling unit, you were subject to providing two additional parking spaces as well as paying impact fees on that. Um, so we're bringing this ordinance back forth to remove those requirements to take away the requirement for the two additional parking spaces and to take away the requirement for the impact fees for at the single family rate. Um, we also allowed for you to build a detached accessory dwelling unit with the garage. We're also removing that ability. Well, not removing it, restructuring. If you build a detached accessory dwelling unit with a garage, the garage will count towards your square footage. Right now, any garages does not count towards square footage. And the reason why is because if you bu if you your maximum that you can build is 50% of your home and your home is 1,000 square feet, you can build a 500 square ft accessory dwelling unit with a garage. Well, the garage doesn't doesn't apply. So, what we were having or what we've experienced is that someone comes in, builds the minimum living area, and then build the garage. So, you now essentially have two single family homes on one lot. and that is not the purpose of the accessory dwelling unit ordinance. So, we made those changes

in the accessory dwelling unit. Um, and we also, you see it here, it prohibits um garages for detached accessory dwelling units. Um, if you're not counting that garage space toward your livable space for the sake of not allowing developers or people to develop two single family homes on the lot and to use it for what its intended purpose is as in a sexy dwelling unit. um these the numerical um listings that you stated when you read the ordinance structure is because when we did a reorganization of our land development code, we broke out residential into the many different zoning district. So we have to now amend each one of those sections. So the ordinance is fairly long because it is amending each one of the sections of the land development code. The language is the same every single time we enter it. um it's just very long because of how we reorganize our land development code. And then we're also making sure that we remove the parking requirements from our off- streetet parking. And those are the changes. So staff does recommend approval of the ordinance for 2026 for accessory dwelling units. We do ask that planning commission also recommend approval of this ordinance. And I'm available if you have any further questions.

I would just like some clarification. I I Thought I had read that you were limited to a thousand square feet if your lot size was less than one acre. Correct. And then other if it's more than one acre up to 60% of the square footage of the primary residence. Correct. That is correct. Now you removed the requirement for parking, but what if somebody wanted to have parking? They they are still allowed to construct the parking. Okay. Um, it's just no longer a requirement that you construct the tube. Yes.

Very good. I'm glad that came up because that was something we discussed, I don't know, a year ago whenever we looked at this previously. Okay. Questions? No. Yes. What is the justification? Where are these cars going to be parked if there's no parking requirement for this additional unit? Um, so right now the city I need help with that one.

So right now the city for any single family development, um, we require 4.5 parking spaces. Um, if these accessory dwelling units are in the grid and we'll just use that. The grids typically have a little bit larger lot sizes than what you find in subdivisions. So they are able to accommodate the the parking. It may be grass parking, but they're still able to accommodate the parking. Um, and the grid is also whenever we do any type of reviews for improvements of homes in the grid, we look at it at 2.5 parking spaces, how it was built. A lot of times their the parking lots in those the parking or the yard space in those areas are a lot larger. But going forward, any residential developments that we have developed is at 4.5 parking spaces.

Okay. Answers my question. I doubt you're going to see any HOA any neighborhoods with HOAs allowing this. I mean,

I think it's a good thing because I mean, we all know the cost of renting in this area is extremely high. And so the goal, correct me if I'm wrong, but the goal is for the city to offer more options for people to have affordable housing. So this is an option where if you have a family member or somebody that you know doesn't have enough money to get their own apartment, you can build a a small unit. But there was some other restrictions, right? Like you can't use it for you can't like rent it out, right? Correct. There's some other you can't have a short-term rental and there was some other uh restrictions on it

within the ordinance. Um that would prevent people from you know buying a home and then building an accessory dwelling unit and renting them both. You the the property owner has to be in the primary structure. They have to live and it has to be homesteaded in the primary structure. But some of that renting is going to go by the wayside because of the state regulations that have come down. So it's you're you're going to be absolutely allowed to rent them out. Now

my only So the only reason I brought that up, my only fear with that too is with some of these newer developments and maybe even some spots on the grid is the parking requirements if you restrict it or you don't require it. I'm glad to hear that it's four and a half, but in some of I it may it may need to be on a case- by case basis because you don't want to put cars in the road or in the right of way because if you're so inundated with cars in a certain area, then there's obviously fire and police issues. You know, getting a fire truck through, you don't want somebody's house burning down because somebody's parking in the street the wrong way. Um it's a very real issue. So, that was my only concern with it. though

well parking if there's any type of parking in the rightway we do have code enforcement that can go out and you know kind of satisfy that situation um by a lot of times it's about education yes you can't park in that rightway area um right now in the city we don't have a lot of people parked in rightaways um we do you know we do face challenges just because in the grid area and this is specifically what we're talking about but in the grid area um we do have some of the smaller streets, but again, the yard sizes are typically much larger, so they're able to accommodate the additional cars. Thank you. You're welcome.

Any other discussion, questions? No, that's great. Get rid of the impact fee. So, no impact. Well, the impact fee wouldn't be the same as a single family home, but is there would be some impact fee? No. Or or no impact fee whatsoever? No impact fee. Right now, the impact fee is the same as a single family home. So, someone that comes in today and wants to pull a permit to build an accessory dwelling unit would be subject to paying roughly about $25,000. Wow. And creating two additional improved parking spaces.

So, this would amend that. So they don't have to pay the the high impact fee and they're not required to create the the space for the two and a half correct cars. Yes. Okay. I get my kid out of the house. Yep. That's another benefit. Yeah. All right. Well, any other discussion? Would somebody like to call or would somebody like to make a motion?

I'd like to make a motion to approve ordinance number 2026-17, the accessory dwelling unit uh impact fee adjustments as proposed by staff. All right. So, I have a motion. Do I have a second? I'll second it. All right. I have a motion and a second to re recommend approval of this ordinance 2026-17. All in favor of recommending approval say I. I. I. I. Any opposed?

Motion passes 5-0. And that is all on our agenda for this evening. Uh our next planning commission meeting is April 21st, 2026 at 6 pm. Can I have a motion to adjurnn? So moved. Do I have a second? Second. All in favor of adjournment say I. I. I. Any opposed meeting a journal.