[00:00:05] >> WE ARE GOOD? WE WILL OPEN OUR PLANNING BOARD [1. CALL TO ORDER] MEETING. CITY OF FORT PIERCE. JANUARY 9. I BELIEVE IT IS JANUARY 9. AGAIN, HERE WE ARE IN JANUARY. YESTERDAY WAS JANUARY 1. I WOKE UP THIS MORNING, AND I SAID I BETTER GET MYSELF READY. I HAVE TO GO TO A MEETING TODAY. IT WAS ALREADY JANUARY 9. I DON'T KNOW WHAT HAPPENED IN BETWEEN. BUT I MADE IT. I'M GLAD THAT SOME OF YOU ALL MADE IT. THE COMMISSION CERTAINLY MADE IT, DIDN'T THEY? THEY HAD A LONG MEETING. IN FACT, I SAT DOWN HERE, AND THE SEAT WAS STILL WARM, SO OKAY. IF YOU WOULD, PLEASE STAND WITH US. THE PLEDGE OF ALLEGIANCE. >> I PLEDGE ALLEGIANCE 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. >> THANK YOU. IF ANY ONE OF US, AND I'M SURE ALL OF US HAVE OUR BRAINS IN OUR POCKETS THESE DAYS, IF YOU WOULD, PLEASE TURN THAT OFF. I'M DOUBLE-CHECKING THIS MONTH. I TOLD EVERYBODY LAST MONTH ABOUT A LITTLE BUTTON I FOUND ON THE SIDE OF THE PHONE THAT TURNED IT OFF. AND HERE WE WERE IN THE MIDDLE OF SOMETHING, AND THE STUPID THING WENT OFF ON ME. I GUESS I WASN'T VERY GOOD WITH THAT LITTLE BUTTON YET. I HAVE GOTTEN BETTER WITH IT. IT IS NOT RINGING IN THE MIDDLE OF THE NIGHT ANYMORE. SO I THINK I HAVE FIGURED THIS OUT NOW. ALL THESE COMPLICATED ELECTRONIC DEVICES. I CAN'T GET PAST THEM. WILL YOU PLEASE CALL THE ROLL? >> MR. KREISL? >> PRESENT. >> MR. HEANING? >> PRESENT. >> MR. EDWARDS? >> MS. CLEMONS? >> PRESENT. >> MS. DANIEL? >> PRESENT. CHAIRMAN CREYAUFMILLER, YES, [4. CONSIDERATION OF ABSENCES] MA'AM. PRESENT. >> NO ABSENCES. >> MR. EDWARDS CALLED IN WITH A REASONABLE EXCUSE FOR NOT ATTENDING TODAY. >> OH, MR. EDWARDS IS NOT HERE. OH. WE TOOK HIS NAME OFF... WE WERE PUTTING IT UP. WE TOOK IT DOWN. SEE HOW EASY IT IS FOR YOU TO CONFUSE ME? OKAY. CALLED IN WITH A GOOD EXCUSE. >> YES, SIR. >> VERY GOOD. I'M SURPRISED HE IS ABLE TO MAKE MOST ALL THE MEETINGS AS IT IS WITH HIS CAREER CHOICE. HE IS A SCHOOLTEACHER, AND... WELL, MR. BURGE WAS A SCHOOLTEACHER ALSO. DURING HIS CAREER, WE MET AT NIGHT. SO IT WAS A LOT EASIER FOR HIM. [5. APPROVAL OF MINUTES] I WOULD ENTERTAIN A MOTION FOR APPROVAL OF THE MINUTES. >> I MOVE FOR APPROVAL. >> SECOND. >> WE HAVE A MOTION BY MS. CLEMONS. SECOND BY MR. ALBURY. >> CALL THE ROLL, PLEASE. >> BEFORE WE GO ANY FURTHER, WE HAVE TWO NEW BOARD MEMBERS. MR. BURGE WHO HAD TO LEAVE THE BOARD LAST MONTH WAS COMMISSIONER PERONA'S APPOINTMENT. COMMISSIONER PERONA RETIRED AS A COMMISSIONER. MR. BURGE HAD TO RETIRE WITH HIM OR CONVINCE SOMEONE ON THE COMMISSION TO PICK HIM UP. AND MR. BURGE SPENT, I THINK WE TALKED ABOUT IT LAST WEEK, SPENT 12 YEARS ON CITIZEN'S BOARDS, AND MR. BRODERICK JUST APPOINTED HIM TO ONE OF OUR OTHER CITIZEN'S BOARDS. HE HASN'T FINISHED YET. HE IS STILL ON CITIZEN BOARDS. AND HE DID A VERY GOOD JOB FOR US. AND I KIND OF HATED TO SEE HIM GO, IN SOMEMENTS ARE. IN SOME RESPECTS. HE WAS REALLY A GOOD HISTORIAN FOR US. DID I PRONOUNCE THAT RIGHT? >> YES. >> OKAY. GOOD. KEEP ME STRAIGHT. I'M GOING TO TURN TO MS. CLEMONS. SHE IS OUR VICE-CHAIR. THAT IS HER JOB NOW TO. KEEP ME STRAIGHT. GOOD LUCK. BUT HE, HE KNEW THE HISTORY OF EVERYTHING IN THIS CITY, IT SEEMED LIKE. HE WAS VERY VALUABLE TO US IN THAT RESPECT, ALONG WITH HIS OTHER KNOWLEDGE. AND HE HAS BEEN REPLACED, HOWEVER, BY MS. DANIELS. >> YES. [00:05:01] >> CORRECT? NOW, WHAT I WOULD LIKE TO DO AND I THINK THE CITY WOULD LIKE TO KNOW IS A LITTLE BIT ABOUT YOU. WE PUT YOU RIGHT ON THE SPOT. (LAUGHTER). >> MY NAME IS MS. DANIEL. I MOVE HERE IN 2055 WITH MY FAMILY TO HERE. IT WAS KIND OF QUIET FOR ME. I LOVE IT. WE DECIDE TO MOVE HERE. AND THERE IS A LOT OF CHANGES. YOU KNOW, FROM 2005 TO 2023. I HAVE TO... I HAVE TWO CHILDREN. ONE 18, ONE 16. SO YOU KNOW, TEENAGERS. I STUDIED BUSINESS MANAGEMENT. I WAS A FORMER CANDIDATE FOR CITY COMMISSIONER. DISTRICT TWO. I WILL MAKE IT SHORT. RIGHT NOW I'M SERVING ON THE PLANNING BOARD. APPOINTED BY MR. BRODERICK. >> WE WELCOME YOU. >> THANK YOU. >> AND ALSO, MR. HEANING? >> YES. EXACTLY. >> HEANING. HAS JOINED OUR BOARD. HE IS THE MAYOR'S APPOINTEE. RIGHT? >> YES. >> AND THE MAYOR HAD APPOINTED MR. BRODERICK. MR. BRODERICK RAN AND BECAME COMMISSIONER. HIS SEAT BECAME OPEN. IN ONE MOTION OF ELECTING A NEW COMMISSIONER, WE OPENED TWO SEATS ON THE PLANNING BOARD. SO IT GAVE TWO NEW SEATS AVAILABLE, AND WE HAVE TWO NEW PLANNING BOARD MEMBERS. PERHAPS YOU COULD TELL US A LITTLE BIT ABOUT YOURSELF. >> SURE. I MIGHT BE A LITTLE LONGER. I KIND OF LIKE TALKING ABOUT MYSELF. I HAVE A 26-YEAR CAREER FROM THE UNITED STATES NAVY THAT I RETIRED FROM. I OPENED UP A HOME INSPECTION BUSINESS HERE IN 2001 RIGHT HERE IN FORT PIERCE. FOR 18 YEARS, THEN I BECAME A REALTOR. I HAVE BEEN A REALTOR FOR THE LAST SIX. I WORK FOR A COMPANY RIGHT HERE ON THE WATERFRONT. I LIVE AND WORK IN FORT PIERCE. MY WIFE IS AN ATTORNEY HERE IN FORT PIERCE. FOR OVER 25 YEARS. AS A PERSONAL ATTORNEY. THAT IS CRIMINAL DEFENSE. BUT ALSO I'M A CHAMBER BOARD MEMBER. I HAVE BEEN PART OF THE CHAMBER FOR THE LAST 20 YEARS. I'M ON THE PARKING COMMITTEE. I KNOW THAT IS A LITTLE SHAKY IN THIS ROOM. I'M ALSO ON THE SURTAX OVERSIGHT COMMITTEE. AND ONE THING ABOUT THAT THAT I LIKED, THAT I LEARNED IS WE HAVE SOME GOOD PEOPLE HERE TO MANAGE THE MONEY. WHEN THEY DO ROADS IN FORT PIERCE, THERE IS A LOT INVOLVED. I LEARNED A LOT FROM THAT BOARD. I'M STILL ON IT. OH, THAT IS ABOUT IT. I'M GLAD TO BE HERE. AND I LOOK FORWARD TO HELPING TO MAKE FORT PIERCE BETTER. I LOVE IT HERE. >> AND I WELCOME YOU TO THE BOARD AS WELL. ITEM 6-A. [a. Future Land Use Map Amendment - 33rd Street - 1503 33rd Street] WE OPERATING AS THE LOCAL PLANNING AGENCY ON THIS CASE. WE HAVE TWO FUNCTIONS ON THE PLANNING BOARD. ONE IS THE... TO FUNCTION AS LOCAL PLANNING AGENCY AS WELL AS THE PLANNING BOARD. WE WILL BE HEARING FUTURE LAND USE MAP AMENDMENT FOR 33RD STREET, 1503, 33 RESTRAINING ORDER STREET. ... 33RD STREET. THAT IS WRITTEN KIND OF ODDLY. AND MR. ALTIZER IS GOING TO PRESENT. >> GIVE ME ONE SECOND THERE. WE GO. PLANNING BOARD MEMBERS, PLANNING CHAIRMAN, TODAY I'M PRESENTING A FUTURE LAND USE MAP AMENDMENT FOR 1503, 33RD STREET. THE APPLICANT IS RED TAIL AND THE PROPERTY OWNERS ARE JTJ ENTERPRISE, INC. IN SUMMARY, THE REQUEST FOR REVIEW OF AN APPLICATION FOR A FUTURE LAND USE MAP AMENDMENT OF TWO PARCELS OF LAND TO CHANGE THE ZONING CLASSIFICATIONS FROM NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL. THIS IS THE SITE LOCATION. YOU CAN SEE VERY CLOSE TO OKEECHOBEE ROAD. [00:10:07] THE EXISTING FUTURE LAND USE IS CURRENTLY AT NEIGHBORHOOD COMMERCIAL, AS YOU CAN SEE IN THE ORANGE. AND THE PROPOSED FUTURE LAND USE IS TO GO TO GENERAL COMMERCIAL. THE SECOND RECOMMENDATION IS FOR THE PLANNING BOARD TO REMOVE THE MAP AMENDMENT FOR APPROVAL TO THE CITY COMMISSION. HOWEVER, THERE ARE ALTERNATIVE RECOMMENDATIONS THAT THE PLANNING BOARD CAN GIVE. ONE BEING A RECOMMENDATION OF APPROVAL WITH CONDITIONS. OR THE RECOMMENDATION OF DISAPPROVAL. THANK YOU. >> THANK YOU. ANY QUESTIONS FOR MR. ALTIZER? >> WHAT IS THE DIFFERENCE BETWEEN NEIGHBORHOOD COMMERCIAL AND GENERAL COMMERCIAL? >> IT IS PRETTY MUCH JUST THE... NEIGHBORHOOD COMMERCIAL, YOU... THERE IS MORE RESTRICTIONS ABOUT THE DIFFERENT BUSINESSES THAT CAN GO IN. NORMALLY, THEY ARE MORE ABOUT OFFICES AND THAT KIND OF USE. WHEREAS GENERAL COMMERCIAL IS A LITTLE MORE OVERREACHING. A LOT MORE COMMERCIAL DEVELOPMENT IS ALLOWED TO HAPPEN IN GENERAL COMMERCIAL. YOU CAN STILL HAVE THE OFFICE, SO GENERAL COMMERCIAL KIND OF GIVES IT A BROADER USE. >> THANK YOU. >> MM-HMM. >> THE SURROUNDING AREA MAP, YOU SHOW HERE WHICH... I SEE ONE SPECIFIC PARCEL IS LISTED AS GENERAL COMMERCIAL NOW. ARE WE TO ASSUME THAT ALL THE REMAINING RED SHADED SPACES ARE ALL GENERAL COMMERCIAL? >> YES. YEAH. WHAT I TEND TO DO IS GIVE YOU JUST THE COLORS AND WHAT THEY ARE. ANY OF THE RED IS GENERAL COMMERCIAL. THE, LIKE, LIGHT ORANGISH-YELLOW IS THE MEDIUM RESIDENTIAL. YEAH. >> AND ANYTHING NOT SHADED IS OUTSIDE OF THE... >> ST. LUCIE COUNTY. YUP. >> OTHER QUESTIONS? I, AS ALWAYS, DO SITE VISITS TO EVERY ONE OF OUR APPLICATIONS. I ALWAYS RECOMMEND THAT THE BOARD DO THAT. THERE IS SOME RESIDENTIAL IN THIS AREA. THERE IS... IN THAT SHADED GENERAL COMMERCIAL AREA DIRECTLY ACROSS THE STREET FROM THIS APPLICATION, IN FACT, THERE IS SOME RESIDENTIAL MIXED INTO THAT. >> YEAH. BECAUSE I ALSO WENT OUT. I THINK THAT SOME OF THOSE RESIDENTIAL AREAS WERE GRANDFATHERED INTO A GENERAL COMMERCIAL, AND SOME OF THE ST. LUCIE COUNTY TO THE NORTH IS ZONED ALSO NEIGHBORHOOD COMMERCIAL, BUT THERE ARE A COUPLE OF RESIDENTIAL AREAS AS WELL. >> YEAH. IT KIND OF LOOKS TO ME LIKE IT IS COMPLEXION OF THE GENERAL AREA THERE. MOVING MORE TOWARD COMMERCIAL FROM THE LOOKS OF IT. >> YES. >> EVEN A COUPLELE OF RESIDENCE A... RESIDENTS ACROSS THE STREET, IT LOOKED LIKE THEY WERE OPERATING COMMERCIAL BUSINESSES OUT OF THEIR HOMES. >> YES, SIR. >> THAT IS MORE MOVING IN THAT DIRECTION. WHEN I FIRST LOOKED AT THE MAP, STRICTLY I KIND OF LOOKED AT THAT, AND I SAW THE SMALL LOT SIZES. I THOUGHT, WHAT ARE WE DOING HERE? >> YEAH. >> IT MAKES SENSE AFTER I TOOK A RIDE BY. ARE THERE ANY OTHER COMMENTS OR QUESTIONS? NONE? I WILL OPEN THE PUBLIC PORTION OF THE MEETING. ANYONE SPEAKING TO THIS, PLEASE COME FORWARD. I'M SURE THAT I HAVE ONE, IN PARTICULAR. WE ARE GOING TO CHECK OVER AT H.R. AND SEE IF THEY ARE CUTTING YOU PAYCHECKS YET. >> NONE AT THIS POINT. >> NOT YET? >> NO. >> OH, THEY ARE NOT CUTTING US ANY EITHER. DON'T FEEL BAD. >> NO. BUT FORTUNATELY, WITH YOUR PLANNING STAFF, KEV IS SUCH A PHENOMENON HERE, HE IS COMING ONBOARD IN A GREAT WAY. I DON'T THINK YOU NEED ANY NEW STAFF TO DO ANYTHING, BUT WHAT HE IS ALREADY DOING. I APPRECIATE THAT. MY NAME IS TODD HOURY WITH REDTAIL. IT IS FUN TO BE A PART OF PUBLIC SERVICE IN NEW WAYS, ESPECIALLY ON THIS BOARD. WE APPRECIATE YOUR SERVICE. I WANTED TO THANK STAFF AGAIN FOR THEIR PRESENTATION ON THAT. I DON'T HAVE ANYTHING REALLY TO ADD. I DO NOTICE ONE... WHEN YOU START LOOKING AT AN AREA. I'M GLAD YOU MENTIONED THE ANNEXATION PIECES. >> YOU LOOK AT THAT MAP THERE, BOTH TO THE NORTH AND AS WELL AS THE SOUTH, THOSE PIECES ARE ALREADY WITHIN THE COUNTY. ANYBODY HAS THE RIGHT TO PETITION TO COME INTO THE CITY, AND SO AT SOME POINT, YOU MAY SEE THAT MAP BEGIN TO MOVE. WHEN IT COMES TO A PLANNING AND ZONING STANDPOINT, GENERALLY, STAFF IS LOOKING TO MAKE SURE WE ARE NOT DOING WHAT T THEY CALL SPOT-ZONING. THEY WANT TO SEE WE ARE NOT TAKING, SAY, SOMETHING THAT IS LIGHT YELL LIEU THERE TO THE EAST AND DROPPING IT INTO AN AREA THAT IS SURROUNDED BY COMMERCIAL OR INDUSTRIAL OR OTHER TYPES OF ACTIVITIES. WE TRY TO CREATE A COMPATIBILITY ELEMENT. THAT BRINGS ME TO MY POINT. THE ITEM THAT YOU HAVE, THERE ARE TWO ITEMS, ACTUALLY. LY MAKE BOTH COMMENTS NOW. YOU WILL HAVE BOTH THE LAND USE REQUEST, THE LAND USE IS WHAT WE SEE AS THE FUTURE FOR HOW YOU WANT AN AREA TO LOOK. [00:15:01] THEN WE HAVE A ZONING REQUEST. THAT IS WHAT CAN BE USED TODAY WITH THAT PIECE OF PROPERTY. AND SO WHEN WE TALK ABOUT LOOKING AT THESE TYPES OF CONSIDERATIONS, I LIKE TO REFERENCE THOSE IN TERMS OF WHAT I CALL THE THREE C'S. WHICH WOULD BE COMPATIBILITY, CONSISTENCY, AND CAPABILITY. COMPATIBILITY IS, IS IT COMPATIBLE WITH YOUR EXISTING LAND USE PLAN? DOES IT CREATE CONFLICT WITH THE ORDINANCES IN PLACE? SECOND WOULD BE THE CONSISTENCY. IS IT CONSISTENT WITH THE NEIGHBORHOOD AND WITH THAT SURROUNDING AREA? AS YOU CAN SEE, FROM A SITE VISIT, THAT IS, IN FACT, THE CASE. WHEN YOU CONSIDER ANY REQUEST, YOU GENERALLY WANT TO LOOK AT THE CONSISTENCY OF THAT AREA. THAT AREA IS BEGINNING TO GO MORE TOWARDS COMMERCIAL. THAT C-3 ZONING CATEGORY THERE ON THE BRIGHT RED, YOU WILL SEE BOTH THAT TO THE SOUTH AND TO THE EAST. THAT AREA IS DEFINITELY DEVELOPING IN THAT NATURE. THEN THE FINAL CAPABILITY, WHETHER OR NOT THE SITE IS CAPABLE OF ACTUALLY HANDLING THE USES THAT WOULD BE ALLOWED. IN EVERY ZONING DISTRICT, YOU HAVE PERMITTED USES. THEN YOU HAVE SOME THAT ARE SPECIAL CONSIDERATION USES. SPECIAL EXCEPTION USES. THOSE ARE ALLOWED IF YOU CAN MEET SPECIAL CONSIDERATIONS. THEN THERE ARE USE THAT IS ARE TOTALLY EXCLUDED. YOU OBVIOUSLY REALIZE IN A COMMERCIAL ZONING DISTRICT, YOU CAN'T PUT A NUCLEAR POWER PLANT. YOU CAN'T PUT CERTAIN INDUSTRIAL USES. THEY ARE PRECLUDED FROM THE DISTRICTS. WITH THIS SITE, WE HAVE TWO PARCELS. ONE IS .85. OF AN ACRE. THE OTHER ONE IS .38. THOSE TWO PIECES TOGETHER, WE HAVE LOTS OF CAPABILITY TO DEVELOP ANY OF THE DIFFERENT GENERAL COMMERCIAL USE THAT IS WOULD BE ALLOWED ON THE SITE. ANY SITE HAS TO BE ABLE TO HAVE STORMWATER PARKING, HAS TO BE ABLE TO HAVE LANDSCAPE BUFFERS, SETBACKS AS WELL AS BUILDINGS FOR THOSE SITES. THESE TWO PARCELS CLEARLY HAVE WHAT WOULD BE AVAILABLE FOR. THAT WITH THAT, AGAIN, I APPRECIATE STAFF AND THEIR ASSISTANCE WITH THIS. AGAIN, WE ARE PLEASED TO BE HERE. THANK YOU. >> QUESTIONS TO THE APPLICANT? >> MORE OF A QUESTION FOR STAFF. I WAS GOING TO ASK, BUT... >> GO AHEAD. >> WHAT IS ALLOWED IN GENERAL COMMERCIAL? LIKE, BECAUSE IT IS REALLY CLOSE TO RESIDENTIAL. I'M JUST CURIOUS WHAT WILL BE ALLOWED IN THAT AREA. >> THERE ARE QUITE A BIT. GENERAL COMMERCIAL IS THE ZONING AND THE FUTURE LAND USE WITH THE MOST ALLOWED USES WITHIN IT. SO YOU ARE GOING TO HAVE SHOPPING MALLS. YOU CAN HAVE OFFICES. YOU CAN HAVE PLACES THAT SELL ALCOHOL. IT'S PRETTY MUCH GIVING A WIDE RANGE OF USES. I WOULD SAY THINGS THAT AREN'T ALLOWED ARE, LIKE, A HEAVY INDUSTRIAL OR A LIGHT INDUSTRIAL KIND OF USE. SO IT'S A VERY KIND OF LONG LIST OF USES THAT CAN BE ADDED GENERAL COMMERCIAL OR A C-3 ZONING. >> OKAY. ALL RIGHT. THANK YOU. NO OTHER QUESTIONS FOR THE APPLICANT? WE ARE GOOD. THANK YOU VERY MUCH. ANYONE ELSE SPEAKING TO THIS PROJECT? NOT SEEING ANYONE, I'LL CLOSE THE PUBLIC PORTION OF THE MEETING. COME BACK TO STAFF. ANY FURTHER QUESTIONS OR COMMENTS? NOT HEARING ANY, I'LL ENTERTAIN A MOTION. >> I MOVE FOR APPROVAL. >> I'LL SECOND. >> WE HAVE A MOTION FOR APPROVAL. MS. CLEMONS. SECOND BY MR. ALBURY. PLEASE CALL THE ROLL. >> MS. CLEMONS? >> YES. >> MS. DANIEL? >> YES. >> MR. ALBURY? >> YES. MR. KREISL? >> YES. >> MR. HEANING? >> YES. >> CHAIRMAN CREYAUFMILLER? >> YES, MA'AM. WE NOW MOVE ON TO NEW BUSINESS. [a. Zoning Atlas Map Amendment - 33rd Street - 1503 33rd Street] OUR NEXT ITEM IS 7-A. AND THIS IS OPERATING AS THE PLANNING BOARD NOW. FIRST ITEM OF BUSINESS A IS ZONING ATLAS MAP AMENDMENT AGAIN FOR 1503, 33RD STREET. >> ALL RIGHTY. >> PLANNING BOARD, PLANNING BOARD CHAIRMAN, TODAY I'M PRESENTING THE REZONING FOR 1503, 33RD STREET. THE APPLICANT IS REDTAIL." THE PROPERTY OWNERS ARE JTJ ENTERPRISE INC. IN SUMMARY, THE REQUEST FOR REVIEW OF AN APPLICATION FOR A ZONING ATLAS MAP AMENDMENT OF TWO PARCELS OF LAND TO CHANGE THE ZONING CLASSIFICATION FROM NEIGHBORHOOD COMMERCIAL C-2 TO GENERAL COMMERCIAL. C-3. THIS IS THE SITE LOCATION. THE SITE AREA IS 1.31 ACRES. GIVE OR TAKE. THE EXISTING ZONING IS RIGHT NOW NEIGHBORHOOD COMMERCIAL, C-1. THE PROPOSED ZONING IS GOING TO [00:20:01] BE C-3 FOR GENERAL COMMERCIAL. THE STAFF RECOMMENDATION IS FOR THE PLANNING BOARD TO MOVE THE PROPOSED AMENDMENT FOR APPROVAL TO CITY COMMISSION. HOWEVER, THERE ARE SOME ALTERNATIVE RECOMMENDATIONS THE PLANNING BOARD CAN MAKE TODAY. THE FIRST BEING A RECOMMENDATION OF APPROVAL WITH CONDITIONS OR A RECOMMENDATION FOR DISAP DISAPPROVAL/DENIAL. THANK YOU. >> QUESTIONS FOR STAFF? NOT HEARING ANY, I'LL OPEN THE PUBLIC PORTION OF THE MEETING. ANYONE SPEAKING TO THIS, PLEASE STEP FORWARD. >> AGAIN, THANK YOU, MR. CHAIR. TO HELP STAFF AS WELL AS THE APPLICANT, THERE IS AN EASY REFERENCE YOU CAN ALWAYS LOOK AT ON YOUR ELECTRONIC DEVICE. IT IS A PLACE WHERE YOU CAN FIND THE MUNICIPAL ORDINANCES FOR MOST EVERY CITY, VILLAGE, TOWN, COUNTY IN THE U.S. AND IF YOU TYPE IN FLORIDA AND FORT PIERCE, IT WILL PULL UP THE ZONING ORDINANCE. THERE IS A TABLE FOR THE NEW MEMBERS. THAT TABLE WILL LIST EVERY USE FROM A BREW PUB TO A COFFEE SHOP, NEIGHBORHOOD CAFE, BISTRO. IT GOES DOWN THROUGH THE LIST. AS YOU GO ACROSS TO THE RIGHT, IT WILL ACTUALLY SHOW YOU EVERY SINGLE ZONING DISTRICT. FROM THE RESIDENTIAL DISTRICTS TO THE COMMERCIAL DISTRICTS, WHICH THE CITY HAS A C-1, C-2, C-3, C-4. AS YOU GO ACROSS THOSE, IT WILL SAY WHETHER IT IS PERMITTED USE OR WHETHER IT IS A C, CONDITIONAL USE. IF IT HAS NOTHING IN IT, IT MEANS IT IS NOT ALLOWED IN THAT DISTRICT. IT IS KIND OF A NICE WAY FOR YOU. IF PEOPLE ARE ASKING YOU, HEY, CAN I DO THIS ON THE REAL ESTATE SIDE? CAN I DO THIS HERE WITH A PIECE OF PROPERTY? JUST A SECOND. I PULL THAT UP AND SEE. FOR THOSE QUESTIONS, IF YOU ARE ASKING, YOU WANT TO KNOW, PULL UP THE CODE. YOU CAN LOOK ACROSS AT THAT. IT IS ONE WHERE IF YOU CAN'T SLEEP, THAT IS SOMETHING ELSE AS WELL. (LAUGHTER) I DON'T HAVE ANYTHING ELSE TO ADD. THANK YOU FOR YOUR TIME. >> THANK YOU. ANYONE ELSE SPEAKING TO THIS? NOT SEEING ANYONE, I'LL CLOSE THE PUBLIC PORTION OF THE MEETING. AND COME BACK TO THE BOARD. ANY FURTHER COMMENTS OR QUESTIONS? NOT HEARING ANY,LY ENTERTAIN A MOTION. >> MOTION FOR APPROVAL. >> SECOND. >> WE HAVE A MOTION FOR APPROVAL BY MR. KREISL. >> CLOSE ENOUGH. >> I DIDN'T REALLY LOOK AT MY I SHOULD HAVE LOOKED AT IT, HUH? AND SECONDED BY MR.... MS. CLEMONS. CALL THE ROLL, PLEASE. >> MS. DANIEL? >> YES. >> MR. ALBURY? >> YES. >> MR. KREISL? >> YES. MR. HEANING? >> YES. >> MS. CLEMONS? >> YES. >> CHAIRMAN CREYAUFMILLER? >> YES, MA'AM. OUR NEXT ITEM IS BUSINESS... [b. Site Plan - Privilege North - 3315 Sunrise Boulevard] ITEM 7-B. SITE PLAN, PRIVILEGE NORTH. 3315 SUNRISE BOULEVARD. AND MR.... YOU ARE STILL ON THIS. >> YES, I AM. YES, SIR. >> ALL RIGHT. >> ALL RIGHTY. PLANNING BOARD, PLANNING BOARD CHAIRMAN, TODAY I AM PRESENTING TO YOU A REQUEST FOR PRIVILEGE NORTH SITE PLAN. THE APPLICANT IS ENGINEERING DESIGN AND CONSTRUCTION INC. AND BRAD CURRY IS THE APPLICANT. PROPERTY OWNERS IS PRIVILEGE DEVELOPMENT LLC. 24286010252006. IN SUMMARY, THE REQUEST FOR REVIEW OF AN APPLICATION FOR A SITE PLAN WHICH NEEDS DEVELOPMENT AND DESIGN REVIEW OF A MULTIFAMILY DEVELOPMENT LOCATED EAST OF SUNRISE BOULEVARD AND NORTH OF DADE ROAD. 216 RESIDENTIAL UNITS ARE BEING PROPOSED, TOTALING 21.686 GIVE OR TAKE ACRES. IT IS LOCATED ON TWO PARCELS WITH A FUTURE LAND USE OF MEDIUM DENSITY RESIDENTIAL AND ZONING OF MEDIUM DENSITY RESIDENTIAL R-4. THIS IS A SITE LOCATION MAP FOR YOU. AND AGAIN, THE SITE AREA IS ROUGHLY 21.686 ACRES. THE FUTURE LAND USE IS MEDIUM DENSITY RESIDENTIAL. YOU CAN SEE THE OTHER FUTURE LAND USES SURROUNDING THE AREA. IN THE WHITE ARE THE ST. LUCIE COUNTY FUTURE LAND USES. AND THEN FOR THE ZONING CURRENTLY, THE TWO PARCELS ARE R-4 MEDIUM DENSITY RESIDENTIAL. YOU CAN ALSO SEE THE ST. LUCIE COUNTY AND FORT PIERCE ZONINGS AS WELL. THIS IS THE SITE PLAN FOR THE PRIVILEGE NORTH RESIDENTIAL, AND THIS IS A BREAKDOWN OF THE SITE [00:25:06] PLAN. THERE ARE THREE, THREE-STORY CONDOMINIUM UNITS. 7 BUILDINGS. TWO-STORY CONDOMINIUM BUILDINGS, THERE ARE THREE. ALL TOGETHER, WE HAVE 216 UNITS, AND THEN ALSO GIVING TO YOU ON THIS THE PARKING TABULATION WHERE THEY MEET THE PARKING AS WELL AS THE CLUBHOUSE. THIS IS THE LANDSCAPE PLAN. AND THEN THIS IS THE BREAKDOWN OF THE LANDSCAPE. I WILL SAY THAT WHEN YOU ARE LOOKING AT THE SPECIES, YOU DEFINITELY WANT TO SEE A LOT MORE OAKS AND SLASH PINE. THOSE ARE IN NEED OF SPECIES TO FLORIDA. HERE ARE THE ELEVATIONS. THIS IS THE THIRD-STORY BUILDING. ELEVATIONS FOR THE TWO-STORY. THIS IS THE CLUBHOUSE. TODAY FOR THE RECOMMENDATION, THE STAFF RECOMMENDS APPROVAL WITH TWO CONDITIONS. A COMPLETION CERTIFICATION BY A LANDSCAPE ARCHITECT, SHALL BE REQUIRED BY THE FINAL CERTIFICATION OF OCCUPANCY IS APPROVAL FOR THE SITE. THE SECOND, PRIOR TO THE ISSUANCE OF BUILDING PERMIT APPROVAL, A UNITY OF TITLE WITH THE ST. LUCIE COUNTY CLERK OF COURTS. FOR THE STAFF RECOMMENDATION, IT IS FOR THE PLANNING BOARD TO MOVE THE PROPOSED SITE PLAN, THE DEVELOPMENT AND DESIGN REVIEW IF THE TWO CONDITIONS FOR APPROVAL TO CITY COMMISSION. HOWEVER, THE PLANNING BOARD CAN ALSO GIVE ALTERNATIVE RECOMMENDATIONS. ONE BEING A RECOMMENDATION OF APPROVAL WITH ALTERNATIVE CONDITIONS. OR TWO, A RECOMMENDATION OF DENIAL. THANK YOU. >> ANY QUESTIONS BY OUR BOARD OR STAFF IN. >> YES. TWO QUESTIONS. I WANT TO CONFIRM THAT THE EXIT OF THIS COMPLEX ON TO DADE IS JUST FOR EMERGENCY USE? ONLY? >> YES. I DO BELIEVE SO. YUP. THE MAIN WOULD BE ON THE SUNRISE BOULEVARD. >> ALL RIGHTY. THEN FOR THE MAIN GOING OUT ON SUNRISE, RIGHT DOWN THE STREET IS A FOUR-WAY STOP SIGN. WHICH IS PRETTY HEAVILY USED ON WORKING HOURS. IS THAT BEING LOOKED AT ALSO FOR MAYBE A CIRCLE OR TRAFFIC LIGHT, SOMETHING? >> TO BE HONEST, I'M NOT SURE. IT IS ENGINEERING WHO IS USUALLY OVER THE ROADS. IF THEY DID, THEY ACTUALLY HAD THIS SPECIFIC PROJECT RE-SUBMITTED THREE TIMES TO ENSURE. I DIDN'T SEE ANYTHING ABOUT ADDING A SIGNAL TO THAT LIGHT. I CAN GO BACK AND TALK TO THEGIU WOULD LIKE ABOUT THAT FOUR-WAY STOP. >> I WOULD LIKE TO RECOMMEND SOMEONE TO LOOK AT IT. AND JUST MAYBE... BECAUSE IT IS A HEAVY USED FOUR-WAY NOW. >> YES. >> ALL THESE HOUSES EMPTYING UP ON SUNRISE MAY ADD TO IT. JUST A THAWSMGHT. >> AWESOME. >> YES. >> JUST TO KIND OF IMRIGBACK ON MR. HEANING'S COMMENT. MY SPECIFIC QUESTION WAS WHETHER OR NOT THERE HAD BEEN ANY TRAFFIC STUDY DONE ON THE IMPACT OF THIS SITE AT ANY POINT IN THE APPLICATION PROCESS. >> YES. >> THERE WAS? >> A TRAFFIC STUDY IS REQUIRED. >> OKAY. >> AND THEN MY OTHER QUESTION WAS SO PRIOR TO THIS PROJECT COMING ON-LINE, WAS THE... WAS THE ZONING USE FOR THIS AREA ALREADY THE MEDIUM DENSITY RESIDENTIAL? OR DID THAT HAVE TO GO THROUGH SOME KIND OF APPLICATION TO CHANGE THE FUTURE LAND USE? >> IT WAS ALREADY THE LAND USE. >> IT WAS ALREADY... OKAY. >> ARE THERE GOING TO BE, LIKE, SIDEWALKS ALONG THE MAIN ROAD? OR NO? ARE THEY REQUIRED TO ADD A SIDEWALK IS WHAT I'M ASKING. I DON'T THINK THERE IS ANY OUT THERE. >> I DON'T THINK THERE IS ANY. THEY HAVE ADDED JUST TO WHERE THE ENTRANCE IS TO THE COMPLEX, BUT THERE WAS NO OTHER ONES REQUIRED ALONG SUNRISE BFL. THEY ARE GOING TO BE ADDING A LITTLE BIT OF THE SIDEWALK TO, AS YOU CAN SEE IN THE THING, KIND OF A SMALL STRIP... >> WHO OWNS THAT ROAD? IS THAT THE COUNTY OR CITY? >> I BELIEVE SUNRISE BOULEVARD IS THE COUNTY. >> COUNTY? DO THEY PLAN ON PUTTING SIDEWALKS ON THAT ROAD? >> NOT TO MY KNOWLEDGE THEY ARE. THAT IS SOMETHING I COULD GO BACK AND ASK, IF YOU WOULD LIKE, TO THE COUNTY. >> I MEAN, YOU KNOW, THAT IS MEDIUM RESIDENTIAL. AND THEN ON THE OTHER SIDE IS ALREADY RESIDENTIAL. EVENTUALLY, PROBABLY EDWARDS ROAD IS GOING TO BE BUILT OUT AS [00:30:01] WELL. WHEN MORE PEOPLE START TO COME. THE ACCESSIBILITY TO THE REST OF THE CITY WITHOUT A CAR IS NOT SAFE FOR THE REST OF THE CITIZENS. ALSO, A BIKE LANE AS WELL. >> I WOULDN'TRY. IN THIS PROJECT BUT JUST ON A COUNTY LEVEL. A BIKE LANE. AND THE POND OR... HOW BIG IS THAT? LIKE, HOW MUCH ARE WE REQUIRING FOR THEM TO HAVE? >> THE TOP OF MY HEAD, I'M NOT SURE EXACTLY HOW MANY ACRES THIS IS. I WANT TO SAY IT IS THE ENGINEERING DEPARTMENT ALSO LOOKING AT THE DRAINAGE. THAT IS WHERE THE SIZE OF THE POND COMES IN AND WHAT THEY RECOMMEND. I DO BELIEVE THE POND HAS CHANGED ITS SIZE OFF THE TOP OF MY HEAD. WITH SOME OF THE RESUBMITTAL. I THINK IT WAS... I BELIEVE IT WAS ENLARGED. >> AND ONE MORE QUESTION. THE BUILDINGS THAT ARE CLOSER TO THE RESIDENTIAL... SO THE OUTER BUILDINGS, ARE THOSE GOING TO BE TWO STORIES OR THREE STORIES? >> I BELIEVE THEY ARE... IT IS TOO SMALL FOR ME TO SEE. >> AND OFF THE TOP OF MY HE HEAD,... >> THESE ONES HERE? >> YEAH, WELL... >> I BELIEVE MOST OF THEM ARE THE THREE. >> TWO? >> WHICH AREA ARE YOU SPEAKING TO? >> THE MOST OUTER OF THE COMPLEX. THAT WOULD BE, LIKE, CLOSER TO THE OTHER BUILDING. >> THE SUNRISE? >> YES. >> I'LL LET THE APPLICANT ANSWER THAT QUESTION. >> OKAY. >> YEAH. THE APPLICANT WILL BE UP IN A MOMENT. HE CAN PROBABLY CLARIFY THAT. ANYTHING FURTHER? NOT HEARING ANYTHING, I'VE GOT A LOT OF QUESTIONS, BUT I'M GOING TO RESERVE THEM FOR WHEN THE APPLICANT COMES UP. IN REGARD TO THE QUESTIONS AND ANSWERS FROM THE TRC MEETINGS. BUT I HAVE A COUPLE OF QUESTIONS HERE. AND YOU MAY OR MAY NOT BE ABLE TO HANDLE THIS. IT MAY BE BETTER FOR THE APPLICANT. I NOTICED IN SOME RESEARCH THAT THE PROPERTY WAS PURCHASED BACK IN 2006. I'M GOING TO ASSUME THAT IT WAS PART OF THE COUNTY AT THAT TIME, AND WHATEVER NEEDED TO BE DONE TO BE ANNEXED INTO FORT PIERCE WAS DONE PROBABLY IN THOSE YEARS. OF COURSE, THAT WAS, A, AT THE HEIGHT OF THE MARKET BUT ALSO BEFORE THE DOWNTURN OF THE MARKET. SO I'M ASSUMING THAT WHATEVER WAS PLANNED HERE CAME TO A HALT WHILE WE WERE WAITING FOR THE MARKET TO RECOVER. THERE IS DISCUSSION IN BOTH THE TRC NOTES... WELL, I GUESS THAT IS WHERE ALL THE DISCUSSION WAS. CONCERNING A, AN EASEMENT FOR PROPERTIES THAT ARE FRONTAGE O ON... APPEAR TO BE FRONTAGE ON SUNRISE. HOWEVER, THE EASEMENT APPEARS TO BE A PRIVATE STREET, AND THAT STREET IS NAMED, BY THE WAY. AND I'M LOOKING FOR MY NOTE TO SEE WHAT THE NAME OF THE SILLY STREET IS. SHINING... SHINING TERRACE. THERE IS A NAME ON THAT. AND I'M GUESSING THAT IS A PRIVATE STREET. AND PERHAPS THE APPLICANT IS GOING TO BE BETTER SERVED TO ANSWER THIS, BUT IF IT IS A PRIVATE STREET, HOW IS IT THAT THIS APPLICANT OWNS IT AND NOT THE PROPERTIES THAT ARE FACING AND UTILIZING THAT STREET OFF OF SUNRISE? NUMBER ONE. FURTHER, I HAVE SEEN IN THE TRC REPORTS DISCUSSION CONCERNING, AS ALWAYS, BUS STOPS, AND UNFORTUNATELY, MR. SANDERS IS NOT HERE TODAY SO IT IS GOING TO BE DIFFICULT TO GET GOOD POSITIVE ANSWERS TO WHETHER OR NOT HE IS SATISFIED. >> YES. UNFORTUNATELY, MR. SANDERS E-MAILED ME TODAY. I HAVEN'T GOTTEN TO REVIEW IT AS MUCH AS I SHOULD. BUT HE HAD THREE COMMENTS TO MAKE. USUALLY, COMMENTS ARE MADE BEFORE... OR AFTER... DURING THE TRC AND NOT AFTER. BECAUSE THAT MAKES IT VERY HARD ON THE PLANNING DEPARTMENT, TO THEN GO BACK AND TELL AN APPLICANT TO DO SOMETHING. BUT I WILL GET THOSE. I CAN EMAIL THOSE TO YOU IF YOU WOULD LIKE. >> OKAY. WELL, WERE THEY ANYTHING AT ALL SIMILAR TO THE COMMENTS THAT HE HAS ALREADY MADE? [00:35:01] >> I BELIEVE SO, YES. >> SO WE HAVE RECORD OF THAT FROM THE TRC MEETING. NO? >> THERE SHOULD BE THE COMMENTS ON THERE THAT YOU CAN SEE, IF HE DID LEAVE THEM. >> THE SCHOOL BOARD HE HAD THREE COMMENTS. THREE COMMENTS ON THE TRC REPORT. >> OKAY. >> FROM THE SCHOOL BOARD. AND BASED ON THIS, THE APPLICANT, I THINK, WAS RESPONDING TO THE PLANNING DEPARTMENT. I THINK. THEY RESPONDED THAT THE SCHOOL BUS STOP IS PROPOSED AT THE ROUND-ABOUT FROM THE ENTRANCE OF SUNRISE. I SEE WHERE THAT IS CLEARLY MARKED ON THE DRAWING THAT THERE IS A BUS STOP PLANNED ON THAT ROUNDABOUT. IN PREVIOUS CONVERSATIONS WITH MR. SANDERS, IT HAS COME TO LIGHT IN OTHER COMPLEXES, THAT THE SCHOOL BOARD... AND I'M NOT TRYING TO PUT WORDS IN MR. SANDERS' MOUTH. I'M ONLY REPEATING WHAT I UNDERSTAND THAT HE HAS SAID FROM HIS SEAT. THAT THE SCHOOL BOARD REALLY PREFERS NOT TO HAVE A BUS STOP IN A ROUNDABOUT. >> RIGHT. >> IT APPEARS AS THOUGH THAT IS THE WAY THIS IS LAID OUT. AGAIN, THAT IS SOMETHING THE APPLICANT CAN SPEAK TO EASILY. WHAT I'M TRYING TO DO, IS GIVE YOU A LITTLE BIT OF UP-FRONT BEFORE YOU STEP UP TO THE MIC SO I'M NOT BLINDSIDING YOU ENTIRELY. ALSO, ONE OF THE COMMENTS FROM THE SCHOOL BOARD WAS THAT FORT PIERCE CENTRAL AND FOREST GROVE MIDDLE SCHOOL ARE WITHIN PROXIMITY OF WALKING DISTANCE. THIS DISCUSSION THAT MR. ALBURY OPENED CONCERNING SIDEWALKS IS SOMETHING THAT WE OUGHT TO SPEAK TO A LITTLE MORE CLEARLY. AND IN THE DRAWINGS AND IN THE NOTES, I SAW WHERE AT ONE TIME, THE INGRESS AND EGRESS TO DADE ROAD WAS PLANNED AS PART OF THIS. BUT THE COUNTY CLEARLY STATED THAT DADE ROAD WAS AN UNAPPROVED ROAD AND WOULD NEED TO BE WIDENED. AND OFFERED TO GIVE IT TO THE CITY FOR US TO HAVE THE RESPONSIBILITY OF IMPROVING THAT ROAD AND WISELY, I THINK WE HAVE TURNED THAT DOWN. BUT IN THAT DISCUSSION, THERE IS ALSO FURTHER DISCUSSION BY THE APPLICANT IN WIDENING OF THE RIGHT-OF-WAY, THAT THE STREET WIDENED, AND I HAVE GONE THROUGH ALL THE MATH, AND IT IS VERY ELEMENTARY MATH, VERY, VERY ELEMENTARY MATH. I CAN'T MAKE MY NUMBERS COME UP TO THE NUMBERS THAT ARE BEING PROMOTED, I THINK, I THINK BY THE APPLICANT OF 65 FEET. I CAN'T GET THERE FROM WHERE I'M AT. FURTHER, THE COUNTY WOULD REQUIRE 70 FEET ANYWAY. IT STILL WOULDN'T MEET THE REQUIREMENTS THAT THE COUNTY WOULD BE LOOKING FOR, BUT THERE WAS DISCUSSION ABOUT SIDEWALKS ON DADE ROAD. NOW, I SPENT A LITTLE TIME OVER THERE. AFTER SCHOOL WHEN SCHOOLS WERE LETTING OUT. I SAT BACK THERE ON DEATH A ROAD. I GOT SOME DIRTY LOOKS. I THINK SOME PARENTS THAT WERE CUTTING ACROSS DADE ROAD WERE WONDERING, WHAT IS THIS GUY SITTING AROUND HERE IN HIS CAR? MY KIDS ARE WALKING DOWN THE STREET HERE. CONSIDERABLE CHILDREN WALKING UP AND DOWN DADE ROAD. OBVIOUSLY, THEY ARE WALKING BACK AND FORTH TO SCHOOL. SO AGAIN, I THINK THE CONVERSATION MR. ALBURY OPENED CONCERNING SIDEWALKS IS SOMETHING THAT WE SHOULD REALLY TAKE A CLOSE LOOK AT. BECAUSE THE BEST I CAN GATHER IS THAT THE APPLICANT WOULD LIKE TO, TO PAY SOMEBODY IN LIEU OF SIDEWALKS, AND I THINK THE DISCUSSION WAS ABOUT DADE ROAD. I HAVE NOT SEEN ANY DISCUSSION ON SUNRISE WHICH SURPRISED ME. SUNRISE IS THE PRIMARY TRAVELED ROAD THERE. HERE IS A BUNCH OF DISCUSSION HERE ABOUT 70 FEET, 60 FEET, 45 FEET ON DADE ROAD. THAT IS GOING TO BE INTERESTING HOW THAT SHAKES OUT. FURTHER, AND MORE IMPORTANT TO ME, WHEN I LOOK AT YOUR PAPERWORK, OUR PAPERWORK, I SEE THAT THIS PARCEL APPEARS TO BE IN TWO DIFFERENT PIECES. STILL TODAY. AND THIS IS... AND WHEN I LOOKED AT THE ORIGINAL PURCHASING DOCUMENTATION... NOT SO MUCH DOCUMENTATION BUT THE WAY THE COUNTY... ON THE COUNTY SITE, I SAW THAT THE PROPERTY WAS PURCHASED IN 2006 FOR A TUNE OF SEVERAL MILLION DOLLARS. IT DIDN'T APPEAR AS THOUGH THERE WERE TWO PARCELS INVOLVED IN [00:40:02] THAT PURCHASE. IT APPEARS THERE WAS ONE PARCEL. SO I EITHER CAN FIND THE RECORDS ON THE MAIN BODY OF THE PARCEL, THE RECTANGLE, AND IT IS NOT INCLUDING THIS ODD-SHAPED PIECE THAT IS INVOLVED IN THE EAS EASEMENT, OR I'M MISSING A PIECE OF THAT PUZZLE WHICH ISN'T PARTICULARLY IMPORTANT EXCEPT FOR THE DISCUSSION ABOUT THE EASEMENT. AND THE EASEMENT IS GOING TO BE SET UP WITH A LEASE AGREEMENT BETWEEN THE APPLICANT AND THE OWNERS OF THE TWO PROPERTIES FRONTING THIS STREET... PRIVATE STREET IS WHAT I BELIEVE IT TO BE. INVOLVING THE EASEMENT. SO THERE IS... I THINK THE STREET RUNS... I DIDN'T PUT A COMPASS ON IT. I THINK IT RUNS MORE EAST THAN WEST. AND THE PROPROPERTIES, ONE IS FACING SOUTH. ONE IS FACING NORTH. THE LICENSING OR THE LICENSING AGREEMENT IS DRAFTED FOR TWO OWNERS. S A BEVERLY BUSTON, I THINK IS CORRECT. AND A MARY REINER. WHEN I WENT INTO THE COUNTY SITE AND RESEARCHED IT, WE FOUND THAT THERE HAS BEEN A QUITCLAIM DEED FILED ON JULY 27, 2022 BY MARY REINER, I BELIEVE. QUITCLAIMING THE PROPERTY. THERE IS TWO PROPERTIES. 206 AND 207. 702 AND 701. I'M SORRY. AND MARY REINER QUITCLAIM-DEEDED 702 TO BARELY... BEVERLY BUSTON. 703 TO BARRY BUSTON. YOU ARE SHAKING YOUR HEAD OVER THERE. I'M TRYING TO FOLLOW A ROAD MAP HERE THAT IS GETTING VERY, VERY COMPLICATED. I ONLY BRING IT UP BECAUSE IN OUR DOCUMENTS PRESENTED HERE IN FRONT OF US, AND I THINK WHEN WE ARE TALKING ABOUT ITEMS OF LAND LEASE AGREEMENTS AND SO ON, IT SHOULD BE OF IMPORTANCE TO THE CITY THAT WE KNOW THAT ALL THESE DOCUMENTS ARE DONE CORRECTLY. AND IT DOES NOT APPEAR THAT THE OWNERSHIP IS CORRECT BASED ON THE INFORMATION I CAN FIND ON THE CITY SITE. AND IT WAS 70 #... 70 # WAS QUICK-DEEDED OVER TO BEVERLY BUSTON ON 7-27 OF 2022. BEVERLY BUSTON, THE BEST I CAN DETERMINE, OWNS BOTH PROPERTIES, NOT JUST ONE OF THEM, AND MA MARY... MARY REINER DOESN'T OWN ANY OF THEM ANY LONGER. SO THIS AGREEMENT NEEDS TO BE REDRAFTED. >> THAT IS NEWS TO ME. JUST BECAUSE ON OUR... ON THE CITY'S PAGE, WHO WE HAVE IS THE... LET ME FIND IT FOR YOU. I FOUND... WE HAVE THE PROPERTY OWNERS AS PRIVILEGE DEVELOPMENT LLC. THAT IS WHAT I SAW. >> THAT IS ON THE MAIN BODY OF THE PROPERTY. >> YOU ARE TALKING ABOUT THE EASEMENT SPECIFICALLY? >> THE EASEMENT IS RESPECTIVE TO TWO PROPERTIES, AND THE REASON FOR THE EASEMENT IS BECAUSE SHANNON... WHAT IS IT? WHAT IS THE NAME OF THE TERRACE? I'M LOOKING FOR IT AGAIN. SHANNON TERRACE? THE EASEMENT INVOLVES THE PRIVATE STREET THAT SERVICES THESE TWO PROPERTIES. ONE HAS BEEN QUICK-DEEDED. THE AGREEMENT IS THE AGREEMENT OF EASEMENT TO THE TWO PROPERTIES WITH TWO SEPARATE OWNERS. AND THE AGREEMENT HINGES ON THOSE TWO OWNERS CONTINUING TO OWN THE PROPERTIES. SO IF THERE IS ALREADY A CHANGE OF OWNERSHIP ON ONE OF THOSE TWO PROPERTIES, THIS IS MISREPRESENTED IN ITSELF BECAUSE OF THAT, AND TWO, IF THAT ISN'T COMPLETED YET, THE EASEMENT THAT I'VE GOT PAPERWORK ON, THAT IS... THAT HASN'T BEEN FULLY COMPLETED YET. WHEN IT IS COMPLETED, IF THIS HAS ALREADY BEEN SIGNED, IT IS GOING TO BE NULL AND VOID IMMEDIATELY. THE NEXT QUESTION I'VE GOT IN CONJUNCTION WITH THIS IS IF THERE IS AN EASEMENT BEING PROVIDED THAT INCLUDES A PRIVATE [00:45:05] STREET THAT IS A CONCRETED STREET, WHO IS RESPONSIBLE TO MAINTAIN THE STREET MOVING FORWARD? I DON'T SEE ANYTHING REFERRING THAT IN THIS DOCUMENT. AND I THINK THESE ARE ALL THINGS THAT THE CITY SHOULD BE CONCERNED ABOUT. >> WE WILL MAKE SURE THESE DOCUMENTS ARE CORRECT BEFORE WE MOVE FORWARD. >> I CAN'T ANSWER ANY OF THOSE QUESTIONS FOR YOU. >> I'M NOT SUGGESTING I WANT TO STOP THIS ACTION TODAY. I WANT TO MAUK MAKE SURE THAT WE KNOW WHAT WE ARE TALKING ABOUT. AND WITH THAT, IF THERE IS NO FURTHER QUESTIONS BY OUR BOARD, TO THE STAFF, THEN I'LL OPEN THIS TO THE PUBLIC PORTION OF THE MEETING AND ASK THE APPLICANT TO COME UP. NOW THAT I HAVE TOTALLY CONFUSED THIS THING. I'LL LET MR. CAREY STRAIGHTEN ME OUT. >> THANK YOU. MR. CHAIRMAN, BOARD MEMBERS, GOOD AFTERNOON. I'M HERE REPRESENTING THE PROPERTY OWNER FOR ABOUT 21.69 ACRES ALONG THE WEST SIDEST OF SUNRISE. I PRESENTED IN FRONT OF A LOT OF BOARDS, AS YOU GUYS CAN IMAGINE. I ALWAYS ENJOY COMING TO THIS BOARD BECAUSE OF THE HOMEWORK THAT YOU GUYS DO. (LAUGHTER). >> THE RESEARCH THAT YOU DO. NOT JUST ON THIS PIECE BUT FOR EVERYTHING. I BELIEVE I DO HAVE FAIRLY GOOD ANSWERS FOR EVERYTHING THAT WAS BROUGHT UP. I'M NOT SURE EXACTLY WHERE TO START. LET'S START ABOUT THE HISTORY OF THE PROPERTY. CHAIRMAN, AS YOU STATED, IT WAS PURCHASED IN 2006. THE PROPERTY WENT THROUGH A COMPLETE APPROVAL PROCESS. WHEN I SAY COMPLETE, I MEET SITE PLAN APPROVAL. THEN ALL THE WAY TO CONSTRUCTION PLAN APPROVAL. IT WAS READY TO START CONSTRUCTION. FOR ABOUT 216 DWELLING UNITS. THE SITE PLAN PROCESS IS KIND OF... YOU KNOW, TOUGH TO GET THROUGH THE CITY AND THROUGH THE BOARD. THIS CLIENT GOT ALL OF THEIR CIVIL CONSTRUCTION PLANS... THEY WERE READY. THEY DECIDED NOT TO MOVE FORWARD BECAUSE OF THE ECONOMY. BASICALLY, WHAT YOU ARE SEEING HERE WAS GENERALLY DONE BEFORE WITH THE ONE ACCESS POINT OUT TO SUNRISE. THEN THEY DIDN'T HAVE AN ACCESS OUT TO DADE ROAD. AND THE EASEMENT ISSUE AND THE PROPERTIES BEING ACCESSED OFF OF OUR PROPERTY WAS NEVER BROUGHT UP BEFORE. IT WAS A LITTLE BIT OF A SURPRISE TO ME WHEN WE GOT INVOLVED. SO THIS DEAL WITH THE ROADWAYS AND SIDEWALKS, FIRST OFF, TYPICALLY, MUNICIPALITIES REQUIRE AN APPLICANT TO INSTALL A SIDEWALK ALONE... ALONG THEIR FRONTAGE. THAT IS THE GENERAL RULE ACROSS... IF ANYBODY COMES TO PRESENT BEFORE YOU GUYS, THE GENERAL RULE IS YOU BUILD A SIDEWALK ACROSS YOUR FRONTAGE. NOW, FOR MANY DIFFERENT REASONS, AND YOU GUYS MAY SEE THEM AS EXCUSES, FOR REASONS, SOMETIMES A DEVELOPER DOESN'T WANT TO BUILD A SIDEWALK. THE MAJORITY OF THE TIME, IT IS BECAUSE THE RIGHT WAY ISN'T BUILT TO THE MAX NUMB EXTENT. FOR US TO INSTALL A SIDEWALK TODAY WOULD BE A COMPLETE WASTE. IT WOULD PROBABLY HAVE TO BE TORN UP IN THE FUTURE. IT DOESN'T CONNECT TO ANYTHING ELSE. IT IS NOT IN A LOCATION WHERE IT MAKES SENSE. SOMETIMES WE MAKE THE DECISION TO GO AHEAD ANYWAYS. THAT IS WHAT WE DID HERE ALONG SUNRISE. ALONG THE FRONTAGE. WE WILL INSTALL A SIDEWALK ON SUNRISE. DADE ROAD IS A COMPLETE MESS, TO PUT IT POLITELY. IT IS A 40-FOOT EXISTING RIGHT-OF-WAY. IF MY NOTES ARE CORRECT. THE EXISTING 40 RIGHT NOW, WE ARE GIVING 15, AND THEN IN THE FUTURE, SOMEONE ON THE SOUTH SIDE OF THE PROPERTY WOULD GIVE OTHER 15. THEREFORE, YOU WOULD MAKE THIS 70-FOOT RIGHT OF WAY. EVERY PROJECT IS HANDLED THAT WAY. I'M ONLY RESPONSIBLE FOR GETTING HALF OF THE SUBSTANDARD RIGHT OF WAY. THE PROPERTY OWNER TO THE SOUTH WOULD GIVE OTHER HALF. THEN WE TALK ABOUT, IF WE WANTED TO HAVE ACCESS, MAIN ACCESS, OUR FIRST PLAN DID SHOW MAIN ACCESS OUT TO DADE ROAD. ROAD ALONG THE FRONTAGE. IT WOULD HAVE TO BE IMPROVED. AND WE WOULD HAVE TO GET ADDITIONAL RIGHT OF WAY. THE ISSUE BECOMES DADE ROAD GETS TO BE SMALLER RIGHT OF WAY ONCE YOU GET OFF OF OUR PROPERTY. RIGHT NOW, EVEN IF I WANTED TO BUILD ALL OF DADE ROAD, I COULD NOT DO IT BECAUSE I DON'T CONTROL THE RIGHT OF WAY. IT WOULD BE A SUB STANNARD RIGHT OF WAY. INSTEAD OF GETTING RID OF THE ACCESS COMPLETELY, WE NEGOTIATED WITH THE COUNTY. WE DECIDED WE WOULD HAVE EMERGENCY ACCESS ONLY. AND THE COUNTY WOULD NOT REQUIRE US TO IMPROVE DADE ROAD. NOW, WE WILL STILL HAVE TO PAY A FEE IN LIEU OF BUILDING A SIDEWALK ON DADE ROAD. IN THEORY, THAT... WE ARE STILL GOING TO BE GIVEN MONEY. IT DOESN'T MAKE SENSE TO BUILD A SIDEWALK THERE. THERE IS NO OTHER SIDEWALKS THERE. >> THE COMMENTS CONCERNING PAYING IN LIEU OF IS ONLY CONCERNING THE SIDEWALK ON DADE ROAD? >> YES, SIR. THAT IS CORRECT. >> OKAY. DADE ROAD IS NOT MUCH MORE THAN A SIDEWALK NOW. >> THAT IS CORRECT. YES, SIR. THERE IS TALK ABOUT THE INTERSECTION AT SUNRISE AND DADE. THAT HAS NOT COME UP IN ANY OF THE REVIEWS. AGAIN, DADE AND SUNRISE ARE BOTH COUNTY ROADWAYS. [00:50:02] THAT INTERSECTION WAS NOT DISCUSSED WHEN WE MET WITH... SO THIS PROCESS, WE GO THROUGH IT WITH THE CITY DEPARTMENTS. CITY ENGINEERING, UTILITIES, ALL OF THOSE THINGS. WE ALSO HAVE TO GET REVIEWED BY ST. LUCIE COUNTY. THERE WAS NEVER A MENTION OF STOP SIGNS. I CAN DEFINITELY TAKE A LOOK AT IT. IT WASN'T BROUGHT UP. MAYBE IT IS AN OVERSIGHT BY ME. OR BY THE COUNTY STAFF. IT WASN'T ANYTHING THAT... IT WASN'T LIKE IT WAS BROUGHT UP AND I SAID, NO, WE ARE NOT DOING ANYTHING. IT WAS NEVER BROUGHT UP. >> IT WASN'T DADE AND SUNRISE THAT WAS BROUGHT UP. IT WAS BELL. >> OH, BELL. >> THAT IS WHY I ASKED ABOUT IT. IT IS ALREADY A FOUR-WAY. >> NEVER BROUGHT UP. NOT TO MEAN THAT IT WASN'T IMPORTANT. IT JUST WASN'T DISCUSSED. THERE IS TALK ABOUT POND SIZES. FOR A MOMENT. THIS IS A GOOD SUBJECT. I'M A PLANNER. I'M NOT AN ENGINEER BY PROFESSION OR TRAINING OR EDUCATION. I WORK FOR AN ENGINEERING FIRM. I HAVE BEEN DOING THAT FOR A COUPLE OF YEARS NOW. THERE IS A PART OF ME THAT IS AN ENGINEER AT THIS TIME. MOST OF THE TIME FOR A SITE, WE TELL OUR CLIENTS, YOU NEED TO HAVE AROUND 15% OF THE SITE IN STORMWATER RETENTION. NOW, YOU MAY SAY HOW DID YOU COME UP WITH THAT NUMBER? THERE HAS BEEN HISTORY OF WHY THAT COMES UP WITH. TYPICALLY, THERE IS AN AMOUNT OF WATER YOU HAVE TO RETAIN ON SITE DURING EVERY RAINFALL EVENT. YOU CAN ONLY STORE FROM THE WATER TABLE. YOU STORE WATER FROM THE WATER TABLE UP. SO YOU TYPICALLY HAVE TO RAISE YOUR SITE. ... RAZE YOUR SITE. THE 15% IS A GOOD NUMBER TO SAY THAT IS ENOUGH TO STORE THE WATER I NEED. IT IS ALSO ENOUGH FOR ME TO GET THE FILL OUT OF THE LAKE TO RAZE THE SITE AND THE PARKING LOT. WE OFTEN SAY A PARKING LOT COULD BE RAZED ONE TO TWO FEET. THERE IS A TON OF FILL THAT IS REQUIRED IN ORDER FOR THAT TO HAPPEN. I DON'T HAVE A PERCENTAGE. SHOULD BE AROUND 15%. NOW, YOU CAN ACTUALLY MAKE IT SMALLER BECAUSE THERE IS A LITTLE BIT LAKED ON THE NORTHWEST PART OF THE PROPERTY. THE GREEN SPACE ACTS AS DRY RETENTION. YOU DON'T HAVE A 100% IMPERVIOUS AREA. THIS IS A GREAT PLAN, IN MY OPINION. NOT JUST BECAUSE OUR OFFICE DID IT. I THINK IT TOOK INTO CONSIDERATION THE SURROUNDING PROPERTIES. AS WE DISCUSSED, ALL PERIMETER BUILDINGS ARE TWO STORIES IN HEIGHT. ON THE EAST SIDE IS ABOUT 160 FEET FROM THE PROPERTY LINE TO WHERE THE BUILDING STARTS. I'M SORRY. THE EAST SIDE ALONG THE WEST SIDE, IS 50 FEET FROM THE PROPERTY LINE TO WHERE THE BUILDINGS START. WE ARE ALSO TRYING TO SAVE AS MANY NATIVE TREES AS POSSIBLE. YOU CAN SEE THE DARK LOTS. I MEAN, THERE IS NOT THAT MANY ALONG THE WEST SIDE. THERE IS SOME ON THE EAST SIDE. WE ARE TRYING TO SAVE THOSE TREES. THIS PLAN, YOU KNOW, DOES HAVE OPEN SPACE. WE WERE ABLE TO TRY TO SAVE AS MANY TREES AS WE COULD. DURING THAT TIME. I MEAN, I LOOK AT MY NOTES. THE OTHER THING IS THIS. SHANNON TERRACE. WE HAD SEEN THAT THERE. THIS BOARD AND WHEN YOU HAVE BEEN IN THE BUSINESS LONG ENOUGH, YOU SEE CRAZY THINGS. AND THIS IS AN EXAMPLE OF SOMEONE ELSE USING MY CLIENT'S PROPERTY FOR MANY, MANY YEARS, AND NOBODY SAYING ANYTHING ABOUT IT. SO IF WE DID NOTHING TODAY, THEY WOULD CONTINUE ON TO BE ABLE TO USE THEIR PROPERTY. THE CITY STAFF WASN'T HAPPY WITH THAT. THEY ASKED US TO PUT THAT AGREEMENT TOGETHER. I'LL BE HONEST WITH YOU, MR. CHAIRMAN. I HAVE NOT READ THAT AGREEMENT. WORD FOR WORD, LIKE YOU HAVE. TYPICALLY, WHEN WE DO AGREEMENTS LIKE THAT, IT TYPICALLY SAYS PROPERTY OWNER OR HIS OR HER SIGNS: THAT IS TYPICALLY WHAT IT SAYS. MEANING THAT EVEN IF THAT PROPERTY OWNER WERE TO SIGN IT TODAY AND THEN IT MOVED ON AND TRANSFERRED TO SOME OTHER OWNER, THAT THAT AGREEMENT WOULD FLY ALONG WITH IT. I THINK... I KNOW THE GENTLEMAN WHO WROTE THAT, AND HE IS A PRETTY GOOD ATTORNEY. I CAN'T IMAGINE THAT HE WOULDN'T HAVE PUT HIS OR HER SIGNS. IF HE DIDN'T, WE WILL DEFINITELY TAKE A LOOK AT THAT. AND THEN AS FAR, YOU KNOW, THE PROPERTY... OFF THE PROPERTY. THE PIECES THAT ACCESS OFF OF OUR PROPERTY. YOU KNOW, WE ARE NOT WILLING... WE DON'T WANT TO KICK THOSE PEOPLE OUT. WE DON'T WANT TO MAKE IT TO WHERE THEY CAN'T GET ACCESS. THAT EASEMENT WAS OUR ATTEMPT TO GIVE THEM FULL-TIME ACCESS. THE MAINTENANCE, I GUESS THEY WOULD MAINTAIN IT EXACTLY HOW THEY HAVE BEEN MAINTAINING IT OVER THESE YEARS. WHICH IS PROBABLY THEMSELVES. I THINK I ANSWERED ALL THE QUESTIONS. IF I DIDN'T, I WOULD BE HAPPY TO ANSWER ADDITIONAL... >> YOU ARE SAYING THAT YOU ARE NOT CONCERNED WITH THE FACT THAT THE WRONG PROPERTY OWNER IS IDENTIFIED HERE. >> WE CAN FIX. THAT IT WILL BE CORRECTED. >> THAT NEEDS TO BE LOOKED. A. >> YES, SIR. >> I DON'T WANT TO GO TO THE POINT THAT I'M GOING TO RECOMMEND THAT WE DO THAT AS PART OF A RECOMMENDATION IN THE MOTION. I WOULD LIKE TO KNOW AND BE [00:55:02] ASSURED, AND I TREUS YOU. YOU HAVE BEEN VERY GOOD WITH WORKING WITH THE CITY. I TRUST THAT YOU WILL CONTINUE TO DO THAT. I THINK THIS NEEDS TO REALLY BE LOOKED AT VERY CLOSELY. AND MADE SURE THAT THE RIGHT OWNERSHIP IS IDENTIFIED. I DON'T SEE HERE ANY VERBAGE TO THERE ASSIGNED. GENERALLY, THING LIKE THIS FOLLOW THE TITLE OF THE LAND. YOU OWN THE LAND. SO IT IS... >> YOU COULD PROBABLY GO ON THE PROPERTY OWNER. IT WOULD GO ON THEIR TITLE AS WELL. >> OKAY. >> ONE MORE THING. I HATE O'INTERRUPT. I WANT TO MAKE SURE... AFTER WE GET DONE WITH THIS PROCESS, IF WE ARE SUCCESSFUL, WE HAVE TO GO THROUGH THE CIVIL CONSTRUCTION PLAN PROCESS WHICH THE CITY CALLED A DCPR. I'M SURE THE ENGINEERING DEPARTMENT IS GOING TO MAKE SURE THAT THAT AGREEMENT IS PERFECT BEFORE THEY SIGN OFF ON MY DPCR. YOU DON'T JUST HAVE FAITH IN ME. I APPRECIATE THAT YOU DO HAVE FAITH IN ME. YOU ARE GOING TO HAVE FAITH IN YOUR ENGINEERING DEPARTMENT AND YOUR PLANNING DEPARTMENT THROUGH THE REMAINDER OF THE APPROVAL PROCESS FOR THIS PROJECT. >> OKAY. >> ONE THING. I WANT TO ADD. MY KIDS GO TO ST. JOE. THERE IS HEAVY TRAFFIC. BUILDING ALL THOSE UNITS, I THINK WE DEFINITELY ON KT BELL KT AVENUE, WE NEED THE LIGHT. SOMETIMES YOU HAVE TO TRY... IF ALL THAT TRAFFIC IS GOING TO ADD ON, WE DEFINITELY NEED THE SIDEWALK. YOU CAN REQUEST IT FROM THE COUNTY OR SOMETHING. SOMETHING HAS TO BE DONE. BEFORE THEY GET HURT. BECAUSE THERE IS A LOT OF... ESPECIALLY ON A CIRCLE-AROUND. NO. WE NEED LIGHTS. I ALWAYS SAY THAT WHEN I DROP MY KIDS OFF. WE NEED THAT. PEOPLE DON'T STOP. THEY JUST KEEP GOING. SOMETIMES I HAVE TO STOP ALMOST RIGHT IN THE MIDDLE BEFORE THEY HIT ME. SO YES. WE NEED A LIGHT THERE. >> I'M GOING TO ASK A QUESTION ABOUT... THAT EMERGENCY ENTRANCE OR EGRESS. ARE KIDS ABLE TO WALK IN AND OUT THROUGH THERE NOW? I MEAN, ONCE IT IS DONE? BECAUSE THAT WOULD SAVE A LOT OF ISSUES WITH CHILDREN WALKING ALONG SUNRISE TO DALE AND THEN MAKING A RIGHT AND WALKING DOWN DALE? >> CURRENTLY RIGHT NOW, WE ARE NOT SHOWING ANY ACCESS OUT THERE. THERE IS NO SIDEWALK THERE TODAY. WE DON'T WANT TO ENCOURAGE PEOPLE TO WALK OUT TO A ROADWAY WHERE THERE IS NO ACCESS. RIGHT NOW WE ARE NOT SHOWING ACCESS THERE. >> WHAT DO YOU THINK? INSTEAD OF IT BEING... ASKING FOR A SIDEWALK ALONG SUNRISE TO DALE AND THEN THEY STILL HAVE TO WALK ALL DOWN DALE TO BOTH OF THOSE SCHOOLS. IF THEY HAD A WALK-THROUGH GATE, MAYBE RIGHT THERE, THAT WOULD TAKE THEM... ALL THE KIDS OFF OF SUNRISE. AND NOT HAVE TO WALK ALONG THE GRASS AT SUNRISE. JUST A THOUGHT. IT SEEMED LIKE IT WOULD SAVE LOT OF CHANCES WITH KIDS WALKING ALONG SUNRISE. >> IT IS A SHAME, MR. SANDERS IS NOT HERE BECAUSE I THINK HIS NOTES CONCERNING THE WALKABILITY TO THESE TWO SCHOOLS WASN'T GEARED SO MUCH THAT THAT IS GOING TO BE REQUIRED BY STUDENTS TO DO AS IT WAS... THE SCHOOLS WERE CLOSE ENOUGH THAT SHOULD THE STUDENTS CHOOSE TO WALK, THEY COULD. AND I THINK THAT THIS DISC DISCUSSION, WE CAN KEEP PICKING THIS APART, BUT DADE IS NOT MUCH MORE THAN A SIDEWALK. >> THAT IS WHAT I MEAN. >> IT IS. >> LET THEM USE DADE. I DON'T KNOW. LEGALLY, WHAT THAT WOULD IMPACT. >> I'LL TAKE A LOOK AT IT. I WILL ASK. >> ESPECIALLY WITH THE COUNTY AS WELL. >> ONE THING I FORGOT TO TALK ABOUT WAS THE SCHOOL BUS STOP. MR. CHAIRMAN, YOU MENTIONED MR SANDERS HAD SAID IN MEETINGS THAT HE DIDN'T LIKE TO HAVE BUS STOPS ON ROUNDABOUT. I DON'T REMEMBER HIM SAYING THAT. I KNOW HE WANTS THE STOPS OFF THE BEATEN PATH AND NOT ON THE MAIN ROAD. I DON'T REMEMBER HIM SPECIFICALLY SAYING... >> YEAH. >> THE PROBLEM WASN'T THE ROUNDABOUT. IT IS THE FACT THAT THERE IS NOT ENOUGH PASSING FOR THE PARENTS THAT ARE PARKING THERE TO PICK UP THEIR KIDS. IT GETS CONGESTED. THE BUSES CAN'T COME THROUGH. THE PARENTS ARE ALREADY THERE WAITING. USUALLY, THERE IS, LIKE, A PATH OR INVITATION SO THEY CAN PULL THE CARS TO THE SIDE. >> WE CAN DEFINITELY DO THAT. THE INTENT OF WHAT WE HAD PROPOSED HERE WAS THAT WE HAD CLUBHOUSE AREA THERE WITH MORE THAN SUBSTANTIAL PARKING. THAT THE PARENTS COULD BE THERE. AND THE KIDS COULD BE AT THE BUS STOP. THAT IS WHAT WE WERE THINKING. WE HAVE PLENTY OF ROOM TO PROVIDE ADDITIONAL PULLOFF FOR [01:00:01] THE SCHOOL BUS. >> THAT IS FROM MY RECOLLECTION, THAT WAS THE CONCERN. >> IT WOULD NEED TO BE CERTAIN THAT THERE IS SIDEWALK CONNECTION LINKAGE TO THE BUS PRESENTLY, THE DRAWING THAT WE ARE LOOKING AT ON THE SCREEN DOES NOT SHOW THAT. YEAH. YOU ARE ABSOLUTELY RIGHT. THE DISCUSSION WAS THE ROUNDABOUT AND THE ABILITY TO PASS THE SCHOOL BUSES. YES, SIR. >> QUESTION. IS THIS GOING TO BE A GATED COMPLEX OR NO? >> RIGHT NOW WE DON'T HAVE THAT IDENTIFIED. IT. AS YOU CAN SEE, WHEN IT COMES IN BEFORE THE ROUNDABOUT. IT WILL BE GATED AFTER. I'M SORRY. THIS WILL BE A RENTAL COMMUNITY. AND I ALWAYS TELL PEOPLE THAT AFTER HAVING A SON AND A DAUGHTER THAT HAVE MOVED INTO EVERY APARTMENT I THINK IN ORLANDO AND THE GAINESVILLE AREA, I HAVE TOURED EVERY APARTMENT COMPLEX. WHEN WE DO A DESIGN LIKE THIS, WE MAKE IT TO WHERE A PERSON THAT IS COMING IN HERE TO CHECK THE FACILITY OUT, THEY WOULD COME IN AND PARK IN THAT PARKING AREA OUTSIDE THE CLUBHOUSE. THEY WOULD MEET WITH THE REALTOR, SELECT A UNIT. THEN THEY WOULD GO BACK OUT WITHOUT HAVING TO GO BACK THROUGH THE GATES. PAST THAT AREA, WE ARE PROPOSING TO HAVE GATES IN THAT AREA. IF YOU WERE A RESIDENT HERE, IT IS GATED. >> WILL THIS COMMUNITY ALSO HAVE SPEED BUMPS AS WELL? >> WE HAVEN'T GOTTEN THAT FAR YET FROM A CONSTRUCTION STANDPOINT. THE SITE... THE PLAN DOES A PRETTY GOOD JOB OF NOT HAVING THESE LONG STRAIGHT-AWAYS EXCEPT ALONG THE WEST SIDE. THE REST OF THE FAL FACILITY IS BROKEN UP ENOUGH TO WHERE WE THINK IT WOULD SLOW PEOPLE DOWN. IF THERE IS A DESIRE TO HAVE SPEED BUMPS, THERE WOULD BE ONE LOCATION. THAT WOULD BE ALONG THE WEST. THE REST OF THE SITE, I THINK, IS SUCH SHORT STRAIGHT-AWAYS. IT IS TOUGH TO GO TOO FAST THERE. >> WELL, I MEAN, SOMEONE WHO HAS LIVED IN AN APARTMENT COMPLEX, IF I LIVED ON THE FAR WEST OF THE COMPLEX, SOUTHWEST OF THE COMPLEX, I HAVE SEEN MANY PEOPLE RUN THROUGH TURNS, CURVE, ROUNDABOUT LIKE IT IS NOTHING. I'M NOT TOO BIG OF A FAN WITH SPEED BUMPS. I KNOW, LIKE, IF THERE IS GOING TO BE CHILDREN THERE, THAT THAT WEST SIDE IS SOMETHING THAT WILL BE... YOU KNOW, RAN THROUGH LIKE A DRAG RACE. SO ME PERSONALLY, I WOULD WANT TO RECOMMEND HAVING SOME FORM OF TRAFFIC CONTROL WITHIN THE APARTMENT COMPLEX. I MEAN, THE RENTAL COMPLEX. ALSO WHAT ARE THE CURRENT AMENITIES? THAT THE PLACE WILL HAVE. >> CURRENTLY, WE ARE PROPOSING THE CLUBHOUSE. THEN THERE WILL BE THE POOL AREA OUTSIDE THE CLUBHOUSE. WE ARE HAVING SOME OUTDOOR PLAY AREAS EITHER SIDE OF THE CLUBHOUSE. DOG-WALKING, EVERYTHING YOU TYPICALLY SEE IN A RENTAL COMMUNITY THESE DAYS. >> OKAY. >> PLUS, THE WALKWAY AROUND THE LAKE AS WELL. >> THAT IS A NICE FEATURE. WILL IT ALSO HAVE CHARGING STATIONS? >> I KNEW YOU WERE GOING TO ASK THAT. (LAUGHTER). >> I DON'T HAVE... I MEAN, I CAN'T IMAGINE WHY IT WOULDN'T. I CAN'T SAY YES OR NO AT THIS POINT. AS WE HAVE DISCUSSED, IT IS SOMETHING THAT IS COMING TO THE MARKETPLACE. WE BELIEVE THAT MOST PEOPLE WILL HAVE THE NEED FOR SOME SORT OF THAT. I MEAN, I'M OKAY WITH THE CONDITIONS BECAUSE IT IS NOT A BIG DEAL TO HAVE SOMETHING LIKE. THAT I DON'T KNOW EXACTLY WHERE IT WOULD BE LOCATED AND HOW MANY. I BELIEVE THAT ALL OF THE NEW APARTMENT COMPLEXES THAT YOU GUYS ARE GOING TO BE SEEING HERE WILL HAVE THAT AS AN AMENITY. IT IS JUST A MATTER OF TIME BEFORE IT BECOMES A REQUIREMENT. >> I WAS GOING TO SAY, I HAD TO MENTION THAT. >> AT THE BARE MINIMUM, YOU KNOW, INFRASTRUCTURE FOR FUTURE EXPANSION IS ALWAYS RECOMMENDED. YOU KNOW, THAT IS MORE OF A NOTE FOR THE CONSTRUCTION DOCUMENTS. I SEE THAT VERY, VERY FREQUENTLY IN THE WORK THAT I DO. IT IS A VERY EASY WAY TO ENSURE COMPLIANCE IS NOT GOING TO BE TOO MUCH FOR THE DEVELOPER, THE RESIDENTS IN THE FUTURE. >> ARE WE GOING TO ADD THAT INTO OUR CONDITIONS? AT THE TIME OF MOTION? >> THE RECOMMENDATION. >> WE DID THAT LAST MONTH ON A COUPLE OF APPLICATIONS. >> I WANT TO COME BACK TO THE QUESTION ABOUT WHETHER OR NOT IT WAS GOING TO BE A GATED COMMUNITY. >> IT IS GATED. >> IT IS GATED? >> YES, SIR. >> WE WERE DISCUSSING PEDESTRIAN ACCESS. AT DADE. THE WAY THAT THE PLAN, THE SITE PLAN IS BUILT NOW, IT WOULD NOT BE POSSIBLE FOR PEDESTRIANS TO EXIT TO THE SOUTH. >> I AGREE WITH YOU. WE COULD MAKE THAT CHANGE. >> OKAY. >> AND YOU KNOW, BACK TO WHAT MR.... WHAT WE WERE DISCUSSING. IF I LIVE IN THIS COMMUNITY AND I GO TO CENTRAL, THAT IS THE ACCESS POINT. 100%. I'M NOT GOING TO WALK ALL THE WAY OUT TO SUNRISE. >> NO. >> IF IT MEANS I'M... YOU KNOW, JUMPING A FENCE. [01:05:04] (LAUGHTER). >> THAT IS MY KIND OF COMMENT TO THIS. LIKE, YOU KNOW, FENCE NO, FENCE, GATE, NO GATE. KIDS ARE KIND OF GOING TO BE WALKING TO CENTRAL ON DADE. THAT IS GOING TO HAPPEN. WE NEED TO START UNDERSTANDING THAT. AS WE LOOK AT POSSIBLE IMPROVEMENTS FOR DADE. WHAT YOU HAVE DONE HERE IS REALLY GOOD. YOU KNOW, YOU HAVE ASSUMED THE SETBACK FOR THE POTENTIAL EXPANSION OF DADE. AND MEETING RESPONSIBILITY. YOU KNOW, IF IT EVER GETS TO THE POINT WHERE A SIDEWALK IS HAPPENING THERE, YOU CAN ACCOMMODATE IT WITH THIS. >> I AGREE WITH YOU. THAT IS A GOOD PLAN TO HAVE. >> ANY FURTHER? IS THERE A SOUTH FLORIDA WATER MANAGEMENT PERMIT IN PLACE ON THIS? >> YES, SIR. EVERYTHING EXPIRED. >> THEY HAVE TO RENEW IT? >> THERE WAS ONE ISSUED. IT HAS EXPIRED. >> IS THAT NOT PART OF THE ORDINANCE REQUIREMENT, BRINGING THE PLAT TO THE PLANNING BOARD AND COMMISSION THAT PERMITS ALL THIS ON DRAINAGE? >> WE MAKE APPLICANTS AWARE THAT THEY NEED THAT BEFORE... SORRY. >> THERE IS 17 ITEMS IN THAT ORDINANCE. I BELIEVE THAT WAS ONE OF THEM? >> THAT WE MAKE APPLICANTS AWARE OF THE FACT THAT THEY DO NEED STATE, FEDERAL, AND... BODY PERMITS BEFORE THEY GET A FINAL SAY. >> OKAY. >> THE STATE STATUTE LIMITS THE CITY'S ABILITY TO ENSURE PERMITS ARE IN PLACE AT CERTAIN POINTS. SO WE CAN ENSURE THEY ARE IN PLACE BEFORE THEY GET EITHER A SITE PERMIT OR A FINAL SAY, I BELIEVE. >> I SEE ITEM 6-A FROM THE TRC MEETING ENGINEERING COMMENT, THE DRAINAGE PLAN WAS REVIEWED AS A CONCEPTUAL PLAN AND WILL BE FURTHER REVIEWED AT THE TIME OF BUILDING PERMIT SUBMITTAL. >> YES. THIS PLAN BEFORE YOU WOULD BE CONSIDERED A CONCEPTUAL DRAINAGE PLAN. >> YUP. OKAY. ANYTHING FURTHER? NOT HEARING ANYTHING, THANK YOU VERY MUCH. ANYONE ELSE COMING FORWARD TO SPEAK TO THIS PROJECT? NOT SEEING ANYONE, I'LL CLOSE THE PUBLIC PORTION OF THE MEETING. COME BACK TO THE BOARD. ANY FURTHER COMMENTS OR QUESTIONS FOR STAFF? NOT HEARING ANY, I WILL ENTERTAIN A MOTION. >> I DO HAVE A QUESTION. (LAUGHTER). >> IT WENT TOO QUICK FOR ME. DOES THIS MEAN THAT WE ARE GOING TO DO SOME RECOMMENDATIONS ALONG WITH WHAT'S ALREADY UP HERE? >> YOU MAY. YOU MAY. >> I DON'T KNOW IF WE CLEARED THAT UP WITH THE SIDEWALKS OR... GATE. WALK-THROUGH. ON DADE. >> LET'S DISCUSS... >> ARE WE GOING TO DISCUSS OR VOTE ON THAT? >> WE CAN DISCUSS THAT, YES. >> RECOMMEND IT? >> WE CAN DO ALL OF THOSE THINGS. >> ALL RIGHTY. I'M LOOKING FOR HELP ON THIS ONE. (LAUGHTER). >> I'M NOT HELPING YOU, AM I? (LAUGHTER). >> WHAT WOULD YOU LIKE TO SEE? >> AT THE TIME OF MOTION, ANY OF THESE ITEMS THAT WE HAVE DISCUSSED THAT WE WOULD LIKE TO SEE AS PART OF THE MOTION. THAT IS WHEN WE MAKE IT PART OF THE MOTION. SO YOU ARE SAYING THAT YOU WANT TO BE CERTAIN THAT THE SIDEWALK OR AT LEAST THE EGRESS OR... FOR PEDESTRIANS TO DEAD IS... DADE IS ONE OF THE CONDITIONS? >> YES. OR SIDEWALK ALONG SUNRISE. >> SO I THINK THIS IS AN ISSUE... >> THE SIDEWALK ALONG SUNRISE IS GIVEN. THAT IS THERE. >> HE IS GIVING A SECTION. >> ON THEIR FRONTAGE. >> ALONG THEIR FRONTAGE. >> YES. >> SOUTH OF THEIR FRONTAGE. >> YES. I SEE WHERE THEY ARE PUTTING THEIR SIDEWALK. >> WE CAN ASK THEM TO BE... >> I'M NOT ASKING THEM. THE IDEA THAT THE CITY SHOULD STEP IN AND FINISH. >> WE CAN'T TAKE THAT TO THE CITY OR THE COUNTY. >> ALL RIGHTY. NO PULL THERE. HUH? >> AM I STATING THIS CORRECTLY? >> YES. THAT IS SOMEBODY ELSE'S PRIVATE PROPERTY. WE ARE NOT ALLOWED TO... >> WHAT ABOUT A RECOMMENDATION FOR A WALK-THROUGH GATE AT THE DEAL ENTRYWAY? >> YES. THIS IS REAL WHERE INTERESTING. RIGHT? IF WE ASSUME THAT... YOU KNOW, WHEN IT COMES TO PEDESTRIANS, I LIKE TO IMAGINE THE PATH OF LEAST RESISTANCE. PEOPLE ARE GOING TO WALK WHERE THEY WALK. >> RIGHT. AND WHAT WE WOULD WE DO? >> 16-YEAR-OLD ME WOULD HOP THE FENCE. (LAUGHTER) THE QUESTION IS. DO WE WANT TO AVOID THAT AND RECOMMEND THAT THEY PUT IN A GATE? I THINK THAT, YOU KNOW, FOR ME, THE GREATER RECOMMENDATION IS, YOU KNOW, MORE OF A NOTICE FOR WHAT WE COULD EXPECT TO SEE ON DADE. YOU KNOW, AS A RESULT OF THIS COMMUNITY COMING ON-LINE. BUT AS FAR AS THE RESPONSIBILITY TO THE DEVELOPER HERE, YOU KNOW, DO WE WANT TO MAKE A [01:10:02] RECOMMENDATION THAT WE, THAT WE ALLOW THE PEDESTRIAN ACCESS IN DO WE WANT TO MAKE A RECOMMENDATION THAT THEY TRY TO PREVENT THAT ACCESS? I THINK THAT IS THE QUESTION. >> ALL RIGHT. WELL, MY THINKING IS WHAT IS THE CHANCE OF US GETTING DADE FIXED AND RUNNING AND WIDENED AND SIDEWALKED BEFORE HE CAN PUT A WALK-THROUGH GATE IN? I WOULD THINK THAT SOME SORT OF WALK-THRU GATE IS... IS THAT ASKING TOO MUCH? >> I'LL ALLOW THE APPLICANT TO STEP FORWARD. >> THANK YOU, MR. CHAIRMAN. >> NO. I THINK THAT IS... I WROTE THAT DOWN. A SIDEWALK CONNECTION TO DADE AS A CONDITION OF APPROVAL. I ACTUALLY WROTE THREE OF THESE HERE. >> WE WILL ADD THAT AS A CONDITION, THEN. PLEASE? OKAY. >> THAT IS WHAT I'M TALKING ABOUT. >> OKAY. >> THE SECOND ONE WOULD BE POTENTIALLY SOME SORT OF TRAFFIC CALMING ALONG THE WEST SIDE. THAT IS WHAT WE WOULD CALL IT. SPEED BUMPS. >> THAT IS A POLITE WAY TO SAY IT. ISN'T IT? YOU ARE NOT SAYING THE WORD "SPEED BUMP." I MADE THAT MISTAKE AT... >> TRAFFIC CALMING IS A MUCH HNICER WAY OF SLOWING PEOPLE DOWN. >> I WILL HAVE TO TRY TO REMEMBER THAT. >> AND THEN SOME E.V. CHARGING STATIONS AS WELL. THOSE ARE THE CONDITIONS. >> YOU WILL ASSUME THOSE CONDITIONS EXIST. YOU WILL MAKE SURE THAT THEY DO. OKAY. WHEN WE MAKE OUR POTION M.S.... MOTION COMMENT TO THE THREE ADDITIONAL AGREE-TO CONDITIONS. >> YES. >> THANK YOU. >> GOOD JOB. >> THANK YOU. >> I WAS MAKING IT HARD FOR YOU. >> YOU WERE SEEING IF I WAS PAYING ATTENTION. >> WELL, I DON'T KNOW IF I WAS DOING THAT ALL ALONG. >> KREISL, THOUGH. >> ARE YOU SURE? THIS IS THE SECOND BOARD WE HAVE BEEN ON TOGETHER. >> ONLY TOOK ME TWO YEARS TO GET BURGE DOWN. RIGHT? THEN RIGHT UP TO WHEN COMMISSIONER BRODERICK LEFT THE BOARD, I WAS STILL CONFUSING THE TWO NAMES. SO ANYWAY... OKAY. I'LL ENTERTAIN A MOTION. >> I WILL MAKE A MOTION THAT WE APPROVE WITH THE RECOMMENDATIONS STATED EARLIER. >> SECOND. >> WE HAVE A MOTION BY MR. KREISL. SECONDED BY MR. HEANING. >> YOU WERE DOING SO GOOD. >> I'M NOT EVEN LOOKING AT THE SHEET, THOUGH. THAT IS PART OF MY PROBLEM. CALL THE ROLL, PLEASEMENT. >> MR. ALBURY? >> TO MAKE SURE WE ARE CLEAR ON THE CONDITIONS. THREE ADDITIONAL CONDITIONS? >> YES. >> ON RECORD. OKAY, GREAT. >> YES. >> MR. KREISL? >> YES. >> MR. HEANING? >> YES. >> MS. CLEMONS? >> YES. >> MS. DANIEL? >> YES. >> CHAIRMAN CREYAUFMILLER? >> YES, MA'AM. >> THANK YOU, PLANNING BOARD. >> THANK YOU, MR. CAREY. >> THANK YOU. >> WHERE AM I? (LAUGHTER). [c. Site Plan - Wallace Hyundai- 5553 S. US Highway 1] >> 7-C. >> OKAY. ITEM 7-C. SITE PLAN. WALLACE HYUNDAI, 55 # SOUTH U.S. HIGHWAY ONE. MR. GILMORE IS ON THE HOT SEAT. >> YES. GOOD AFTERNOONST. CHAIRMAN, BOARD MEMBERS, BEFORE YOU WE HAVE A SITE PLAN, DEVELOPMENT REVIEW AND DESIGN REVIEW FOR THE SUBJECT PROPERTY LOCATED AT 5553 SOUTH U.S. HIGHWAY ONE. WALLACE HYUNDAI. THE APPLICANT IS LEE SMITH, PRESIDENT OF WALLACE AUTO GROUP, PROPERTY OWNERS WILLIAM WALLACE ENTERPRISES LLC. THIS IS FOR ONE PARCEL, AS YOU CAN SEE. THE APPLICANT IS SEEKING TO CONSTRUCT AN APPROXIMATELY 25,740-SQUARE-FOOT SALES AND SERVICE FACILITY WITH ASSOCIATED SITE IMPROVEMENTS. IT SHALL INCLUDE 253 PARKING SPACES. AND THE SOUTHWEST PORTION OF THE SITE WILL ALSO INCLUDE A DRY RETENTION AREA AND EXISTING WETLANDS. THIS IS THE SITE LOCATION. WHICH IS LOCATED, AS YOU CAN SEE, THERE IS A SUNRISE TO THE NORTH. AND WALLACE LINCOLN TO THE SOUTH. CURRENT FUTURE LAND USE IS GENERAL COMMERCIAL WITH THE ZONING OF C-3 GENERAL COMMERCIAL. BEFORE YOU IS THE PROPOSED SITE PLAN. THE ROAD TO THE NORTH OF THE SUBJECT PROPERTY WHICH IS LOCATED ACTUALLY ON THE PROPERTY IS A PRIVATE ROAD. IT IS SHARED ACCESS. BETWEEN THE SUNRISE FORD AND THE EXISTING LINCOLN... WALLACE LINCOLN. THIS IS THE PROPOSED LANDSCAPE [01:15:01] PLAN. WHICH INCLUDES TREES AND PALMS, SHRUBS AND GROUND COVER, MULL, MULCH ANDED SO SOD. THIS IS THE FRONT EAST EXTERIOR ELEVATION AND THE RIGHT NORTH EXTERIOR ELEVATION FOR THE PROPOSED PROPERTY. I ALSO HAVE A COLOR REMEMBEREDDERING... RENDERING WHICH I WILL BE SHOWING YOU ALL. THIS IS THE REAR WEST EXTERIOR ELEVATION AND THE LEFT SOUTH EXTERIOR ELEVATION. OKAY. THAT IS COLOR RERNDING OF WHAT THE SUBJECT PROPOSED PROPERTY WILL LOOK LIKE. FACING WEST. OKAY. PLANNING STAFF IS RESMING APPROVAL OF THE PROPOSED SITE PLAN. WITH THE FOLLOWING CONDITIONS. TWO CONDITIONS. NUMBER ONE, A COMPLETION CERTIFICATION BY A LANDSCAPE ARCHITECT. COST ESTIMATE, LANDSCAPE PURSUANT TO CITY CODE SECTION SHALL BE REQUIRED. BEFORE THE FINAL CERTIFICATE OF OCCUPANCY IS APPROVED FOR THE SITE. NUMBER TWO, PRIOR TO ISSUANCE OF SITE-CLEARING, THE APPLICANT SHOULD PROVIDE A TREE MITIGATION SURVEY. >> FOR YOUR RECOMMENDATION, YOU ALSO HAVE THE CHOICE OF ALTERNATIVE RESM DAYS. ONE WITH THE MODIFIED APPROVAL OR RECOMMEND DISAPPROVAL. THANK YOU. >> VERY GOOD. ENOUGH QUESTIONS FOR MR. GILMORE? NO QUESTIONS? HMM, OKAY. AM I MISTAKEN OR IS THIS BUILDING LANED IN ON THE DRA DRAWING... MIRROR-IMAGED TO WHAT THE ARCHITECTURAL PICTURES SHOW? >> YES. IT IS. >> IT IS? >> YUP. SEE? WELL,... WHAT YOU GAVE ME TO LOOK AT... >> OH, I SEE. >> THIS IS THE RIGHT-HAND ENTRANCE TO SERVICE. WHAT YOU GAVE ME IN THE PACKET WAS A LEFT-HAND ENTRANCE TO SERVICE. I'M NOT CLEAR WHERE THE ENTRANCE TO SERVICE IS ON THE PLAN VIEW THAT I'M LOOKING AT NOW. WHICH IS C-600. >> YES. I WILL DEFER TO THE APPLICANT. THAT CAN BE FIXED. IT SEEMS LIKE THEY MAY HAVE CHANGED THEIR MIND. >> IT IS NOT A BIG THING. >> IT COULD BE THE MISTAKE ON THE RENDERING. >> THIS COULD HAVE BEEN DONE A YEAR AGO. AND THIS IS WHAT WE ARE TRYING TO BUILD. >> YES. ACTUALLY, WE HADED A PRE-APPLICATION MEETING WITH THEM OVER A YEAR AGO. THEY SHOWED US THAT. AND THEY CAME IN WITH THIS. >> I MEAN, THERE WAS A FORMER DIRECTOR INVOLVED AT THE TIME. I CAN CLEARLY REMEMBER THE DISCUSSION AT THE TRC MEETING. >> YES. YES. >> THIS IS ANOTHER ONE OF THOSE THAT KEVIN, YOU ARE KIND OF FALLING INTO THE MIDDLE. YOU KNOW, GOING, OKAY. (LAUGHTER). >> SORRY. >> I JUST WANTED TO OVERALL MAKE A COMMENT MORE FOR THE BENEFIT OF OUR BOARD. >> YES. >> BECAUSE WE DO HAVE SEVERAL NEW RELATIVELY NEW AND NEW BOARD MEMBERS. WHEN YOU LOOK AT ELEVATIONS ON DRAWINGS LIKE THIS, I'M SURE THAT THOSE OF YOU INVOLVED IN REAL ESTATE UNDERSTAND THAT THOSE ELEVATIONS ARE FROM SEA LEVEL. THAT DOESN'T... IF YOU READ SOMETHING THAT SAYS 23.34 FEET, IT DOESN'T MEAN THAT IT IS 23.34 FEET HIGH. RIGHT? IT MEANS THAT IT IS FROM SEA LEVEL. 23.34 FEET. IT COULD ONLY BE TWO FEET HIGH ON THIS LOT. >> YES. >> OKAY. I DID SEE, I BELIEVE, TO BE AN ERROR ON THE SAME DRAWING AS C-6.0. >> WHICH ONE? >> C-6.0. A MINOR ERROR. BUT I BELIEVE IT TO BE AN ERROR. DOWN WHERE IT SAYS "SECTION B-6." DOWN ON THE BOTTOM LEFT-HAND SIDE OF THE PAGE. ON THE VERY LOWER PORTION OF THAT, IT SHOWS AN ELEVATION OF [01:20:04] 121.0. I BELIEVE IT SHOULD BE 12.0. >> OKAY. >> IT IS NOT A BIG THING OVERALL. A DOZER, A BACKHOE. WHATEVER THEY ARE GOING TO DO TO MOVE THE DIRT OUT OF THAT MITIGATION POND. I DID ALSO NOTICE THAT THERE IS CONSIDERABLE WETLANDS ON THE PROPERTY. IT APPEARS AS THOUGH THEY ARE BEING PROTECTED? I WAS HAPPY TO SEE THAT. WHERE DOES THIS DRAIN TO? OUTSIDE OF OVERALL, IT DRAINS INTO THE WHITE CITY WATERSHED. HOW DOES IT... HOW DOES THE WATER GET FROM HERE? DO WE HAVE ANY IDEA? TO THE ST. LUCIE RIVER THROUGH THE WATERSHED? WHEN I WENT AND I KIND OF WALKED SOME OF THAT THE OTHER DAY. AND NOT WALKING IT VERY MUCH WITH MY CANE AT THE MOMENT. BUT I DID WALK THAT AREA A LITTLE BIT. I COULDN'T FIND ANY CONNECTIONS TO CANALS TO GET ME FROM HERE TO THERE UNLESS IT HAPPENS TO GO UNDER U.S. ONE, EAST TO THE WATER CONTROL MITIGATION PONDS ON THE EAST SIDE OF U.S. ONE. I MEAN, I WAS TRYING TO FIGURE OUT HOW IT GOT OUT OF HERE AND GOT OVER THERE. AND I JUST COULDN'T FIND IT. I WAS HOACHING THAT MAYBE SOMEBODY FROM ENGINEERING WOULD HAVE COME IN TODAY. THE LAST APPLICATION, BY THE WAY, ALONG WITH THIS ONE NOW, WE HAVE HAD APPLICATION... QUESTIONS THAT ENGINEERING COULD HAVE BEEN HERE TO ANSWER. WOULD HAVE MADE A MUCH CLEANER CONVERSATION. THAT IS NOT DIRECTED AT Y'ALL, OBVIOUSLY. IT IS DIRECTED TO THE COMMISSION. >> WE WILL MAKE THE REQUEST TO THE ENGINEERING DEPARTMENT. >> OH, I'M GOING TO KEEP REQUESTING. TRUST ME. I MAKE A LOT OF NOISE. I HAVE TO SAY THAT. ANY OTHER QUESTIONS, COMMENTS? >> CAN WE GO BACK TO THE AERIAL VIEW OF THE ZONING? GO BACK ONE MORE. I THINK IT WAS... IS THIS THE SAME PROPERTY WHERE BEHIND IT, YOU KNOW, CAME THROUGH THE PLANNING BOARD WITH THE COMPLEX? OR NO? >> NO. THAT IS OWNED BY THE COUNTY. THAT IS A PRESERVED AREA. >> YEAH. THAT IS PART OF THE WATERSHED. >> YES. >> NO. NOT SOUTH OF IT. I'M SO SORRY. WEST OF IT. >> WEST OF IT. THAT IS PART OF THE WATERSHED. >> OKAY. >> BUT AGAIN, I DON'T KNOW HOW THE WATER GETS OUT OF THAT WHOLE AREA. I COULDN'T FIGURE IT OUT. >> YOU ARE SPEAKING OF SAVANNAH PRESERVE. >> NO. HE WAS SPEAKING OF THE WOODS PROVMENT. >> RIGHT. >> OH, THAT IS TO THE NORTH. YES. >> TO THE NORTH. >> TO THIS... >> YEAH. THIS IS PROBABLY, LIKE, I WOULD SAY, TOWARDS THE END OF THE CITY LIMITS. CLOSER TO THE BOTTOM OF THE CITY LIMITS. >> NEAR OLD RIDGE. THE CITY LIMITS STARTS THERE. >> WE DID HAVE ACTION ON THIS LAST MONTH. >> YES. >> OR THE MONTH BEFORE ON THIS PROPERTY. >> WE DID SOMETHING LAST MONTH, I THINK. I QUESTIONED THE ADDRESS WHEN YOU BRING IT UP ON GOOG... GOOGLE, THE ADDRESS IS AT THE DRUGSTORE UP ON THE CORNER OF MIDWAY AND U.S. ONE. >> THAT MIGHT HAVE BEEN TRC. YEAH. THAT WAS TRC. >> OKAY. SOMEWHERE, I BROUGHT IT UP. >> SO THAT PIECE OF LAND THAT IS TO THE WEST, THE CHUNK OF LAND, THAT IS OWNED BY THE COUNTY. >> THAT IS OWNED BY THE COUNTY. >> AND WHAT IS THE ZONING NAR AGAIN? >> FOR THAT ONE, I DON'T THINK IT IS IN THE CITY. I'M NOT SURE. IT IS PRESERVED. I DON'T THINK IT WILL BE EVER BUILT. >> OKAY. AWESOME. IN CASE, YOU KNOW... I'M THINKING FUTURE TERMS. I DIDN'T KNOW WHAT THE ZONING WAS FOR NOT KNOWING HOW MANY HIGH RESIDENTIAL OR PEOPLE THAT WOULD BE COMING IN FOR THAT. SO JUST THINKING ABOUT, LIKE, WHAT WOULD BE THE ROUTES IN THAT LITTLE AREA. >> UNDERSTANDABLE. >> IS THAT, LIKE, A NATURE TRAIL, BY CHANCE? ANYBODY KNOW? >> I'M NOT SURE WHAT THEY ARE DOING IN THERE. >> OKAY. >> AT ONE TIME, IT WAS A CHAIN LINK FENCE. TALL CHAIN LINK FENCE AROUND THAT WHOLE PARCEL. I'M NOT SURE EXACTLY WHAT THEY ARE DOING IN THERE. THAT COULD BE ONE OF THOSE NUCLEAR AREAS THAT WE DON'T WANT TO TALK ABOUT. (LAUGHTER) WHO BROUGHT THAT UP A LITTLE WHILE AGO? SOMEBODY. OKAY. NO FURTHER COMMENTS? TO STAFF? I'LL OPEN THE PUBLIC PORTION OF THE MEETING. IF THE APPLICANT WOULD LIKE TO STEP FORWARD, PLEASE. [01:25:06] >> GOOD AFTERNOON. I'M SCOTT MONTGOMERY, FOR THE RECORD. REPRESENTATIVE OF WALLACE AUTO GROUP FOR THIS APPLICATION. WOULD YOU LIKE ME TO ADDRESS THE QUESTIONS? LET ME START BY THE MOST RECENT ONE, HAVING TO DO WITH THE PROPERTY TO THE WEST. THAT IS NEW STA. THE AERIALS ARE A LITTLE DATED THERE. IF YOU LOOK TODAY, IT IS RECENTLY CONSTRUCTED FROM WATER TREATMENT AREA BY THE COUNTY. I WON'T HAVE ANY FUTURE RESIDENTIAL... >> IT IS PART OF THE WHITE CITY WATERSHED. IS IT NOT? >> CORRECT. IT WAS SPECIFICALLY FOR A CERTAIN PORTION OF THEIR PROPERTY THAT THEY UTILIZED FOR THE TREATMENT AT THIS LOCATION. >> OKAY. >> A PORTION OF THE COUNTY. NEARBY. THE OUTFALL FOR OUR SITE... FIRST, THE WETLAND HAS BEEN PREVIOUSLY BEEN PERMITTED. THERE IS AN ESTABLISHED PERIMETER FOR IT. WE ARE MAINTAINING THE BUFFERS. EXCEEDING THE MINIMUM BUFFERS. AND THIS PROPERTY OUTFALLS TO THE SOUTH THROUGH THE ADJACENT PROPERTY. AGAIN, THROUGH AN ESTABLISHED AND PERMITTED DRAINAGE OUTFALL. SO WE JUST CHARGE... WE DISCHARGE ON THE SOUTH SIDE OF THE WETLAND THROUG A STRUCTURE, CONTROLS OUR DISCHARGE RATE. WE HAVE A PERMIT FROM SOUTH FLORIDA THAT WE ARE MODIFYING. FROM THERE IT KIND OF MEANDERS. ULTIMATELY, IT DOES MAKE IT THROUGH THE RIVER WATER CONTROL DISTRICT FACILE DISAND NORTHWARD. >> OKAY. I WANDERED AROUND OVER THERE. I'M LIMITED ON HOW MUCH WANDERING I CAN DO RIGHT NOW. >> OH. WERE THERE SPECIFICALLY ANY OTHER QUESTIONS YOU WOULD LIKE ME TO ADDRESS? THIS IS OUR CLINED, WALLACE AUTOMOTIVE GROUP. THEY ARE OPERATING A HYUNDAI FACILITY THERE TODAY. FOR THE MOST PART, THERE IS THREE BUILDINGS. THAT DEALERSHIP OPERATING OUT OF A MODULAR UNIT. >> YOU WILL. THERE IS A DETACHED OIL AND LUBE FACILITY WHICH WILL BE DEMOLISHED, OF COURSE. THE NORTHERLY BUILDING IS A FORMER CAR-WASH THAT IS NOT ACTIVE AT THIS TIME. WALLACE OWNS THE PROPERTY TO THE SOUTH. AND WE HAVE MAINTAINED SOME INTERCONNECTIONS BETWEEN THE. TWO SO VEHICLES DON'T NEED TO GET OUT ON U.S. ONE AND... TO GET FROM ONE SITE TO THE OTHER. THERE WILL BE COMMON STAFFING FOR BOTH WHICH CAN MINIMIZE, I THINK, SOME OF THE TRIPS. TRIP GENERATION IS NOT VERY SIGNIFICANT. WE ARE MODIFYING THE STORMWATER, MAINTAINING THE AREA, A SLIGHT INCREASE. FROM WHAT'S THERE NOW. THERE IS... IF YOU WERE TO LOOK AT THE SITE, IF YOU WERE AT THE SITE, THE EXISTING DETENTION AREA LOOKS ALMOST LIKE A YARD AREA. WEED-GRASS MIX. VERY SHALLOW. WE ARE HAVING TO... WE ARE EXPANDING BUT AS WELL ALLOWING FOR GREATER DEPTH, RIGHT? AS IT STANDS NOW, THERE IS ONLY LESS THAN A FOOT. TEN INCHES OF DEPTH IN THAT DETENTION AREA. THEN IT BEGINS TO BACK INTO THE PARKING LOT. SO WE ARE EXPANDING WITH SOME NEW IMPERVIOUS AREA. WE ARE COMPENSATING THAT, OFF-EFFORT ISING THAT ADDITIONAL RUNOFF WITH ADDITIONAL DEPTH TO THE MODIFIED DETENTION AREA. AND AS I SAID, WE ARE PROTECTING THE WETLAND AND THE BUFFER. THIS SITE HAS BEEN PREVIOUSLY DISTURBED FAIRLY RECENTLY. IF YOU LOOK AT THE AERIALS. ALMOST ALL OF THE REGROWTH IS EXOTICS. PEMER AND MALALUKA. THERE ARE FIVE OR SIX TREES IDENTIFIED IN THE WESTERLY PORTION THAT APPEAR TO BE TREES WE CAN PROTECT AND KEEP. IF YOU HAVE ANY QUESTIONS... >> QUESTIONS FOR THE APPLICANT? >> JUST TO GO BACK TO THE AERIAL OF THE PLANS. HOW MUCH OF THE WETLANDS ARE YOU GOING TO BE GOING INTO? [01:30:03] >> NOT AT ALL. >> NOT AT ALL? SO THE PARKING THAT IS TO THE NORTH OF THAT IS NOT ENTERING THE WETLANDS? >> NO. IT IS NOT. AS A MATTER OF FACT, BETWEEN THE PARKING AND THE WETLAND BUFFER, WE HAVE DETENTION AREA... THE EARLIER PLANS THAT WE PRESENTED AT THE PRE-APPLICATION MEETING HAD MUCH MORE OF THE PARKING IN THAT AREA. NOW THEY SHOW FOR STORMWATER. AND WE JUST MADE A DECISION TO PULL THAT BACK TOWARDS THE FR FRONT, PUT SOMETHING WE FELT WAS MORE COMPATIBLE WITH THE WETLAND AND THE BUFFER. WHICH IS THE DETENTION AREA. AND IT KEEPS IT AS WELL. WE ARE ADJACENT... THE DETENTION IS MORE ADJACENT TO THE STORMWATER TREATMENT FACILITY TO THE WEST OF US. BUT NO IMPACT TO THE WETLAND. >> OUT OF CURIOSITY, HOW MANY CARS ON AVERAGE, WILL THIS PARKING LOT HOLD AS FAR AS, LIKE, YOU KNOW, CARS THAT WILL BE PURCHASED? >> I BELIEVE WE HAVE A TOTAL OF 25 # 253. I WOULD HAVE TO GIVE A DETAILED BREAKDOWN BETWEEN WHAT IS STAFF OR EMPLOYEES, VISITORS, VEHICLES. THERE IS DISPLAY FOR THE BUILDING. THEN THE BALANCE OF THAT IS THE INVENTORY. I WOULD HAVE TO WORK THROUGH THAT A LITTLE BIT TO GIVE YOU EXACTLY HOW MUCH OF THAT IS INVENTORY. I THOUGHT I SAW SOMETHING ON. THAT IT MIGHT HAVE BEEN AN OLDER VERSION, THOUGH. >> I HAVE BEEN GETTING MIXED UP ON THIS. I SEEM TO REMEMBER THE STUFF DONE PREVIOUSLY. >> SO WE HAVE A CALCULATION FOR THE FACILITY OF WHAT THE REQUIRED PARKING IS. AGAIN, BASED ON EMPLOYEES, VISITORS, BASED ON THE AREA OF THE BUILDING. THERE IS A COUPLE OF DIFFERENT RATES THAT I BELIEVE APPLY IN THIS CASE. GENERALLY, THE DIFFERENCE WOULD BE THAT NUMBER, TOTAL PROVIDED. WHICH WOULD BE YOUR INVENTORY. >> THAT IS, LIKE, 130? >> YEAH. >> REQUIREMENT IS 129. THEY ARE PROVIDING 253. >> A TOTAL OF 253. YOU ARE LOOKING AT ABOUT 130 EMPLOYEES AND SO ON? >> WELL, YOU MIGHT WANT TO REFINE THAT. I BELIEVE SOME OF THE INITIAL IN THAT FIRST CALCULATION FOR THE RATE DOES INCLUDE SOME DISPLAY VEHICLE. THAT IS WOULD BE CONSIDERED INVENTORY. PRACTICALLY, INVENTORY NUMBER WILL BE GREATER THAN THAT DIFFERENCE. >> OKAY. ANYTHING FURTHER? >> IT APPEARS FROM THE SITE PLAN HERE THAT IS YOUR VEHICLE ENTRANCE INTO THE SITE IS TO THE NORTH WHERE YOU ARE PRETTY MUCH WHERE THE EXISTING ENTRANCES ARE CURRENTLY. IS THAT CORRECT? YOU ARE NOT ADDING ANY NEW ENTRANCE, VEHICLE ENTRANCE ON U.S. ONE, RIGHT? >> NO. NO NEW CONNECTION TO U.S. ONE. AT ONE POINT, AGAIN, IT MIGHT HAVE BEEN THE PRE-APPLICATION STAGE, BASED ON SOME PLANS PROVIDED THROUGH THE HYUNDAI CORPORATE PLANNING DIVISION, THAT THE DRIVEWAY, EASTERLY DRIVEWAY CLOSEST TO U.S. ONE, THEY PROPOSED TO PUSH FORWARD CLOSER TO U.S. ONE. WE BROUGHT IT BACK TO THE EXISTING LOCATION. PUSHED THE BUILDING BACK FURTHER. THERE WILL BE CONNECTIONS THERE. THERE IS A SECOND CONNECTION WEST OFF THIS PRIVATE DRIVE. WE HAVE PUSHED THAT FURTHER WEST. PRIMARILY FOR FIRE VEHICLES AND DELIVERY VEHICLES. I WILL SAY ONE THING. AS IT RELATES TO THAT, IN FACT, THE BUILDING HAS BEEN MIRRORED SINCE THE PREAPPLICATION MEETING. IT FELT LIKE IT MAILED MORE SENSE TO GET THE ENTRY FOR SERVICE TO THE SOUTH SIDE OF THE BUILDING. AND NOT SO WELL EXPOSED TO U.S. ONE. AND THE ENTRANCES. >> I KNOW YOU SAID BEFORE THAT, YOU KNOW, THERE IS SOME KIND OF SHARING OF THE EMPLOYEES WITH THE OTHER FACILITY TO THE SOUTH. WHAT IS YOUR EXPECTED INCREASE OF, YOU KNOW, STAFF ONCE THE NEW BUILDING IS BUILT? DO YOU HAVE ANY IDEA? >> I CAN'T SAY FOR SURE. BECAUSE AGAIN, THEY ARE ALREADY OPERATING A HYUNDAI FACILITY [01:35:02] THERE. BUT I WOULD BE HAPPY TO REQUEST THAT FROM WALLACE. >> OKAY. >> WHAT THAT NUMBER WOULD BE. >> ANYTHING FURTHER? >> AS WE ARE MOVING INTO ELECTRIC, (LAUGHTER) YEAH. I MEAN, BECAUSE YOUR CAR IS, I THINK... ISN'T THERE A LINE OF ELECTRIC CARS IN HYUNDAI? >> YES, THERE IS. >> THERE ARE ABSOLUTELY ELECTRIC VEHICLE CHARGERS PROPOSED. >> IN THE PLANS? >> MM-HMM. >> OKAY. >> I MIGHT HAVE THIS. >> YEAH. THEY ARE ON THE EAST SIDE OF THE BUILDING IN THE PARKING AREA. RIGHT UP TO THE BUILDING THERE. >> OKAY. >> ON THE EAST SIDE FACING U.S. ONE. THERE IS A CHARGING STATION THERE. >> JUST ONE STATION? >> WELL, IT DEPENDS. A CHARGING STATION CAN CHARGE UP... DEPENDING ON THE MODE EL, CAN CHARGE UP TO HALF A DOZEN CARS IF YOU WANT IT TO. YOU ARE CREATING A CHARGING STATION WITH MULTIPLE PARKING SPACES TO IT WITH MULTIPLE LEADS ON THEM. >> THERE ARE MULTIPLE CHAR CHARGING... INDIVIDUAL CHARGERS. I WILL HAVE TO VERIFY THAT NUMBER. SIX, AS I RECALL. >> YOU WILL BE SELLING ELECTRIC CARS. YOU HAVE TO CHARGE THEM. (LAUGHTER). >> I DON'T KNOW HOW OUR ELECTRIC GRID IS GOING TO HANDLE IT. EVERYBODY IS GOING TO HAVE CHARGING STATIONS. >> I THINK THE NUMBER IS SIX IN THE PARKING AREA. THEN THEY HAVE THE CAPABILITY OF CHARGING AS WELL WITHIN THE FACILITY IN THE SERVICE AREA. >> FUTURE REFERENCE. OR NOT FUTURE REFERENCE BUT JUST THINKING IN THE FUTURE, ARE YOU POTENTIALLY GOING TO INSTALL SOME FORM OF SOLAR SO YOU ARE NOT PULLING FROM THE POWER GRID SO MUCH? >> (LAUGHTER). >> I CAN'T ANSWER FOR THE FUTURE. I KNOW THEY HAVE ALREADY COORDINATED... THIS IS IN THE CITY, OF COURSE. IT IS NOT FBUA. IT IS FPL. THEY ARE WORKING THROUGH THE ENGINEERING OF HAVING TO UPGRADE NOT JUST FOR THE LARGER BUI BUILDING, BUT IT INCORPORATES THE DEMAND FROM THOSE CHARGING STATIONS. >> BECAUSE I CHUCKLED A LITTLE BIT WHEN I SAW THE PARKING ONLY BECAUSE IT IS, LIKE, IT IS GOING TO BE EXTREMELY HOT FROM THE ASPHALT, ONE. IT IS NOT REALLY SERVING EVERYTHING. HAVING SOME FORM OF OVERHEAD VIA SOLAR PANELS WOULD SERVE NOT ONLY YOU BUT, YOU KNOW, YOUR CUSTOMERS AS WELL. >> SHADING AND PROTECTION OF THE CARS. >> OKAY. GOOD ENGINEERING. >> I'M GOING TO RELAY THAT BACK TO THEM AND SEE IF THERE IS... >> ANYTHING FURTHER? THANK YOU VERY MUCH. FOR YOUR INPUT. YOU HELPED ME BECAUSE I WAS... I HAVE GOT AN LITTLE CONFUSED WHEN I WAS GOING THROUGH THIS PROJECT. >> I GUESS I CLEARLY REMEMBER THE TRC MEETING. THE BUILDING WAS FACING THE OTHER WAY. THIS WAS HAPPENING. THAT WAS HAPPENING. NOW WE HAVE CHANGED IT ALL UP WHICH IS GREAT. IT LOOKS GOOD. >> THANK YOU. >> ANYONE ELSE SPEAKING TO THIS PROJECT MAY STEP FORWARD. NOT SEEING ANYONE, I'LL CLOSE THE PUBLIC PORTION OF THE MEETING. COME BACK TO THE BOARD. ANY FURTHER COMMENTS OR QUESTIONS? NOT HEARING ANY, I'LL ENTERTAIN A MOTION. >> MOTION TO APPROVE. >> SECOND. >> WE HAVE A MOTION BY MR. ALBURY FOR APPROVAL. SECOND BY MR. KREISL. HE IS SHAKING HIS HEAD YES. >> IT IS GETTING BETTER. >> CALL THE ROLL, PLEASE. >> MR. KREISL? >> YES. >> MR. HEANING? >> YES. >> MS. CLEMONS? >> YES. >> MS. DANIEL? >> YES. >> MR. ALBURY? >> YES. >> CHAIRMAN CREYAUFMILLER? >> YES, MA'AM. >> THANK YOU. >> AND IT WAS MS. ROSEN CHAL, OUR CLERK THAT GOT ME STRAIGHTENED OUT WITH YOU. I STILL WITT HERE WHEN I CAN SEE IT. >> A BIG, BOLD PHONETIC SPELLING? >> YEAH, YEAH. (LAUGHTER). >> IT GETS BURIED, THOUGH. OKAY. >> I'M REALLY GLAD THERE IS A PUBLIC RECORD OF THIS. >> THERE IS DEFINITELY PLENTY OF PUBLIC RECORD ON THIS ONE. [d. Zoning Text Amendment - Edgartown Settlement Zoning District] OKAY. NEXT ITEM OF BUSINESS. 7-D. TEXT AMENDMENT EDGARTOWN SETTLEMENT. ZONING DISTRICT. THE FIRST ORDER OF BUSINESS ON THIS ITEM IS WE HAVE TO MAKE A MOTION TO LIFT THIS FROM THE TABLE. [01:40:01] FOR THOSE OF YOU THAT ARE NEW ON THE BOARD, I'LL GIVE YOU A BACKGROUND ON THAT. THIS CAME BEFORE, I BELIEVE IN NOVEMBER... IT MIGHT HAVE BEEN OCTOBER'S MEETING. >> NOVEMBER 14. >> NOVEMBER 14. IN FACT, YOU HAVE IT IN THIS THING, DON'T YOU? >> YUP. >> THIS ITEM IS EXCLUSIVELY RELATING TO EDGARTOWN. EDGARTOWN IS UNDER A ZONING DISTRICT OF ITS OWN. IS THAT FAIR TO SAY? >> YES. >> AND AS SUCH, OUR BOARD FELT THAT IT WOULD BE NECESSARY FOR THE HISTORICAL PRESERVATION BOARD WHO HAS AUTHORITY OVER MOST ACTION IN EDGARTOWN, TO REVIEW THE AMENDMENT PRIOR TO OUR REVIEWING IT IN DETAIL. WE DID AN OVERALL REVIEW OF IT. WE THEN MADE A MOTION TO SEND THIS TO THE HIS TO-TO-HISTORICAL PRESERVATION BOARD TO GAIN THEIR COMMENTS. AND I DON'T KNOW IF ANY OF YOU WATCHED THAT BOARD MEETING. IF YOU HAVE GONE BACK AND LOOKED AT THE VIDEO OF IT. BUT THERE WAS A TREMENDOUS AMOUNT OF COMMENTS. I'M NOT SURE THAT I GAINED WHAT I THOUGHT OUR BOARD MIGHT NECESSARILY NEED OVER THE MAIN BODY OF THE AMENDMENT. WHAT WAS GAINED OUT OF IT WAS THE PRIMARY CONCERN WAS NOISE. AND AS A RESULT, EDGARTOWN EDGAE BEFORE THE COMMISSION THIS MORNING IN THE COMMISSIONER AGENDA MEETING. THEY HAD A CONSULTANT COME IN. AND DID A WONDERFUL JOB IN A PRESENTATION ON NOISE, HOW READINGS SHOULD BE TAKEN, DISCUSSED, ORDINANCES AND HOW YOU CAN APPLY THOSE READINGS OF DBA'S VERSUS DBC'S. I'M NOT GOING TO GET INTO THAT TOO DEEP. SOME OF WHAT HE STARTED TO TALK ABOUT, STARTED TO ELEVATE ABOVE MY PAY GRADE. I WAS ABLE TO KEEP UP WITH MOST OF IT. HE DID AN EXCELLENT JOB. I HAD TEXTED TO MR. KREISL AND ASKED HIM TO TUNE IN ON THAT MEETING BECAUSE HE IS A SOUND ENGINEER, I THINK WOULD BE A GOOD TITLE FOR YOU. >> CORRECT, YES. >> I THOUGHT HE MIGHT ENJOY HEARING THAT PRESENTATION. SO HE DID. HE DID ENJOY IT. WHAT I WANT TO BE CAUTIOUS OF HERE BEFORE MR. FREEMAN MAKES THE PRESENTATION OF THIS AMENDMENT, IS THAT I WOULD LIKE OUR BOARD NOT TO GET CAUGHT UP IN THE NOISE DISCUSSION. WHAT I WOULD LIKE THE SEE IS T TO... WHAT I WOULD LIKE TO SEE US DO IS VENT THIS AMENDMENT UNDERSTANDINGST THAT IT IS GOING TO THE COMMISSION, AND THAT WITH THE INFORMATION THE COMMISSION GATHERED TODAY, THEY ARE NOT ONLY LOOKING AT THIS AMENDMENT, BUT THEY ARE ALSO LOOKING AT NOISE ORDINANCES THAT APPLY OVERALL TO THE CITY. THEY MAY OR MAY NOT MASSAGE THIS FURTHER ON NOISE AND SO ON AND SO FORTH. REALLY I WOULD LIKE TO NOT GET TOO TANGLED UP IN THAT. AT THE SAME TIME, WE NEED TO BE SENSITIVE OF THE CONCERNS OF THE RESIDENTS OF EDGARTOWN. I'M NOT SURE WHERE WE DRAW THE LINE THAT SAYS WE ARE GETTING TOO FAR INTO A DARK GRAY AREA WITH THAT DISCUSSION. >> I'LL DO MY BEST WITH THE PRESENTATION. I THINK I'M GOING TO TRY AND FOCUS THE BOARD... HAVE 20 MINUTES TO THINK ABOUT IT. >> AND THROUGH LUNCH, I THOUGHT ABOUT WHAT THE COMMISSION HAD DISCUSSED DURING THE CONFERENCE MEETING THIS MORNING. AND I WILL BRING THAT TO YOU NOW. >> THEY CERTAINLY TOOK THE TIME ON THIS ISSUE. >> ABSOLUTELY, YES. >> SO... BEFORE WE MOVE FORWARD, DO YOU WANT TO GET A MOTION TO... >> YES, MA'AM. I NEED THAT MOTION TO LIFT THIS FROM THE TABLE. >> MOTION TO LIFT THIS FROM THE TABLE. >> LIFT THIS AMENDMENT FROM THE TABLE. >> YES. >> TO REHEAR IT. >> ITEM 7-D. >> WE HAVE A SECOND FROM MS. CLEMONS. AND WOULD YOU CALL THE ROLL, PLEASE. >> MR. HEANING? >> YES. [01:45:02] >> MS. CLEMONS? >> YES. >> MS. DANIEL? >> YES. MR. ALBURY? >> YES. MR. KREISL? >> YES. CHAIRMAN CREYAUFMILLER? >> YES,. MA. >> THANK YOU, CHAIR. KE VE FREEMAN FOR THE RECORD. TODAY I'M BRINGING BACK TO THE BOARD THE PROPOSED TEXT AMENDMENT TO THE EDGARTOWN SETTLEMENT ZONING DISTRICT. THOSE OF YOU WHO DON'T KNOW, THE DISTRICT IS SITUATED NORTH OF BACKS, WEST OF NORTH INDIAN RIVER DRIVE. SMALL AREA. SMALL LOTS. PRIMARILY, RESIDENTIAL IN NATURE. THERE ARE SOME COMMERCIAL USES IN THERE. AND THE REASON... THERE ARE TWO REASONS REALLY WHY THIS CAME BEFORE THE PLANNING BOARD AND ALSO TO THE CITY STAFF'S ATTENTION. ONE IS A NUMBER OF COMPLAINTS WERE RECEIVED FROM RESIDENTS REGARDING THE ACTIVITIES OF COMMERCIAL ENTITIES AROUND THERE AND THE NOISE THAT THEY WERE CREATING. THERE WAS ALSO AGO A LEGAL QUESTION FROM INTERNAL AS WELL OF THE ABILITY AND THE LEGALITY OF DIFFERENTIATING BETWEEN ACOUSTIC OR AMPLIFIED SOUND GENERATION. SO STAFF PROPOSED THIS, BEARING IN MIND, THE COMPLAINTS THAT WE HAVE HAD AND ALSO THE LEGALITY OF SOME OF THE LANGUAGE THAT WE FACE IN TERMS OF RESOLVING. ESSENTIALLY, IT WAS JUST TO COMPRESS AS MUCH AS POSSIBLE WITHOUT ALER THING... ALTERINGST THE INTENT OR CONCEPT OF THE ZONING DISTRICT. TO YOU KNOW, REALLY REFOCUS WHAT IT IS ALL ABOUT THERE. NOT TO CHANGE THE CODE ESSENTIALLY IN PARTS THAT DIDN'T NEED TO BE CHANGED. WE DID RECOGNIZE WHEN WE REVIEWED IT, THAT THE CODE WAS A BIT MESSY. WE HAD DESCRIPTIONS, DEFINITIONS PEPPERED THROUGH THE CODE. WE BROUGHT THOSE TOGETHER. WE REORGANIZED IT. ESSENTIALLY, THE LANGUAGE DID NOT CHANGE. OUTSIDE OF THE NOISE OR THE USE ISSUES HERE. SO I WANT TO BRING THOSE TO YOU. I NEED TO POINT OUT A TYPO ON THIS. IT SAYS CITYWIDE LEVEL OF 65DBA. IN EFFECT, IT IS 60KBA. THAT SHOULD HAVE BEEN CORRECTED. THIS WAS BRAWTION TO THE PLANNING BOARD IN NOVEMBER. IT WAS THE DECISION OF THE PLANNING BOARD TO PUSH IT FORWARD TO THE HISTORIC PRESERVATION BOARD TO GET SOME INPUT BACK REGARDING THAT BOARD AND... BECAUSE PRIMARILY, APPLICATIONS THAT COME IN THROUGH EDGARTOWN ARE HEARD THROUGH THE HISTORIC PRESERVATION BOARD. FROM CONDITIONAL USES ON DIFFERENT VARIANCES AND SO FORTH. ABOUT THEIR OPINION. AND THOSE OF YOU AWE SOMEWHAT OR ATTENDED THAT, SAW THAT. THERE WAS A POLARIZED, IF YOU LIKE, DISCUSSION REGARDING THE IMPACT OF NOISE IN THAT AREA AND THE IMPACT OF CERTAIN USES WITHIN THAT AREA. THERE WAS AN ATTORNEY PRESENT THAT WAS REPRESENTING A NUMBER OF NEIGHBORS OF THAT DISTRICT. AND THEY PROPOSED AN ALTERNATIVE NOISE LEVEL OF 55DBA. AND THAT CERTAIN COMMERCIAL USES BE APPROVED IN THE FUTURE BY A CONDITIONAL USE PROCESS. AND ALSO THEY MENTIONED THAT THE LIMIT OF 800 SQUARE FEET EXTERIOR AREA USE FOR OUTSIDE ENTERTAINMENT BE STRICTLY ENFORCED. WE ARE NOT ANTICIPATING CHANGING THAT LIMIT, BUT WE WILL WORK WITH THE ENFORCEMENT OFFICE TO LOOK AT IF THAT NEEDS TO BE INVESTIGATED FURTHER. SO TODAY, ONLY THIS MORNING, AND I MANAGED TO GET THIS SLIDE IN. DURING LUNCH. THE CODE WAS FURTHER DISCUSSED AT THIS MORNING'S COMMISSION CONFERENCE MEETING. THAT WAS ACCOMPANIED BY A PRESENTATION BY AN ACOUSTIC SOUND ENGINEER WHO DEMONSTRATED VARIOUS DBA'S... I SHOULDN'T SAY DBA, I SHOULD SAY DECIBEL LEVELS. VARIOUS FREQUENCIES. AND PROVIDING AN EXPLANATION BETWEEN THE DIFFERENTIAL MEASUREMENTS OF DBA, DBC AND D DBX. SO THERE WAS A DISCUSSION BY CITY COMMISSION. AND REALLY AT THE END OF THAT, THERE WAS NO... THERE WAS A [01:50:02] GENERAL FEELING OF WHAT THEY MIGHT WANT TO SEE, BUT NO REAL ULTIMATE DIRECTION. WHAT I BROUGHT FROM THAT WAS THAT THE APPROPRIATE CITY-WIDE NOISE LEVEL OF 60DBA, IN EFFECT, 60DBC SHOULD BE APPLIED TO OUTDOOR ENTERTAINMENT IN EDGARTOWN WITH A RETENTION OF A 9:00 P.M. CUTOFF FOR THAT ENTERTAINMENT. AND THAT ALREADY EXISTS IN THE EDGARTOWN CODE. THE 9:00 P.M. IS EXISTING IN EDGARTOWN NOW. AND THERE IS ALSO DISCUSSION MADE TO LIMIT CERTAIN FUTURE USES TO THE APPROVAL OF THE CONDITIONAL USE PROCESS. NOW, THERE WAS A BIT OF DISCUSSION REGARDING WHETHER OR NOT THAT SHOULD BE SPECIFIC TO THE BAR, RESTAURANT, AND SO FORTH USE THAT IS WERE LISTED IN ED EDGARTOWN OR WHETHER OR NOT THAT EXPANDED TO BE ANY USE WITHIN EDGARTOWN THAT GENERATED AN EXTERNAL NOISE. SO THE CODE THAT YOU HAVE IN FRONT OF YOU TODAY HAS BEEN SLIGHTLY AMENDED WITH REFERENCE TO WHAT I SUSPECT MAY HAPPEN AT THE CITY CONFERENCE THIS MORNING. AND FROM WHAT WAS PRESENTED ORIGINALLY AT PLANNING BOARD. THE REVISED CODE NOW LOOKS AT CONDITIONAL USE PROCESS REQUIRED FOR BREW PUB, NEIGHBORHOOD BISTRO, AND WINE AND CIGAR BAR USES, WHEREAS THE EXISTING CODE ALLOWS THOSE BY RIGHT. SO AGAIN, LOOKING AT THE PRESENTATION THIS MORNING, FROM THE ACOUSTIC ENGINEER AND ALSO THE COMMENTS BY COMMISSION, THE CONDITIONAL USE PROVIDES AN OVERVIEW OF... HOW AN OPERATION OPERATES IN A BUSINESS... IN THAT DISTRICT. IT GIVES IT AN OPPORTUNITY FOR THE BOARDS AND COMMISSION TO OVERLAY CONDITIONS. ONE OF THE CONDITIONS THAT WERE LOOKED AT THIS MORNING WAS THE APPLICABILITY OF AN ACOUSTIC CONSULT AND REVIEW OF A PROPOSED USE BEFORE IT GOT APPROVAL. AND THAT BEING AN ESTABLISHED PART OF THE CONDITIONAL USE. THAT IS SOMETHING THAT STAFF ACTUALLY SEE BEING OF VALUE ANYWAY. AND WOULD LIKE TO ENCOURAGE THE PLANNING BOARD TO MOVE ALONG WITH THAT. ESSENTIALLY, THEN REGARDING THE SOUND ISSUE IS THAT THE COMMISSION WILL BE LOOKING AT THE CITYWIDE SOUND LIMITS AND DECIBEL LEVELS. AT THE MOMENT, WE ARE RECOMMENDING, WITH THE ED GUARDTOWN AMENDMENT, TO REFER SOUND LIMITATIONS AND SOUND LEVELS TO THE CITYWIDE PROCESS. HAVING NO DIFFERENTIAL BETWEEN ACOUSTIC OR AMPLIFIED. IT IS WHATEVER SOUND IS BEING MADE, AND THERE WAS A POINT MADE THIS MORNING THAT A SET OF DRUMS WOULD BE CLASSED AS AN ACOUSTIC INSTRUMENT. SO THE REASONING BEHIND REMOVING THAT DIFFERENTIAL BETWEEN ACOUSTIC AND AMELIE FLIED AMPLIFIED IS TO STANDARDIZE THAT ANY NOISE THAT COMES OUT FROM AN OUTDOOR ENTERTAINMENT IS LIMITED TO A CERTAIN LEVEL, NOTWITHSTANDING ITS ACOUSTIC OR AMPLIFIED. THE DEMONSTRATION THIS MORNING, I THOUGHT, SHOWED THE LIMBTATIONS OF THE DBC. 60 DECIBELS WAS QUITE EFFECTIVE WHEN IT CAME TO THE NOISES THAT ARE LIKELY TO PROPAGATE INTO NEIGHBORING PROPERTIES. SO A STAFF RECOMMENDATION IS TO MOVE ALONG WITH THE ORDINANCE AS PROVIDED. TO REORGANIZE THE SECTIONS TO MAKE THEM MORE CLEAR. TO UNDERSTAND, TO READ AND TO WORK THROUGH. AND TO LOOK AT THOSE THREE USES. BREW PUB, NEIGHBORHOOD BISTRO, WINE AND CIGAR BARS, AND MAKE ANY NEW... THE EXISTING USERS WILL BE GRANDFATHERED IN. THEY WILL NOT BE AFFECTED BY THIS. NEW USES WOULD BE REQUIRED TO GO [01:55:02] THROUGH CONDITIONAL USE. THAT WOULD BE AN OPPORTUNITY, AS I SAID BEFORE, TO HAVE AN ACOUSTIC CONSULTANT LOOK AT THOSE AND PREPARE A REPORT. AND THEN USE THE CITY'S CITYWIDE NOISE ORDINANCE THAT IS ALREADY IN PLACE TO GOVERN THE ACTUAL VOLUME OR DECIBEL LEVELS OF NOISE WITHIN EDGARTOWN AND THE CITY COMMISSION WILL BE REVIEWING THAT OVERALL CITYWIDE NOISE ORDINANCE AS A SEPARATE ISSUE. SO REALLY THAT IS THE SIMPLEST WAY I COULD DESCRIBE IT. I'LL LEAVE IT TO THE PLANNING BOARD FOR QUESTIONS OR FURTHER DISCUSSION. >> DO YOU RECOMMEND... YOU ARE SUGGESTING THAT THE PLANNING BOARD CONSIDER CONDITIONAL USE REQUIREMENTS FOR... A BREW PUB IS ALREADY SHOWN AS CONDITIONAL USEMENT. >> CERTAIN ASPECTS OF THE BREW PUB ARE, I THINK, YES. A BLANKET CONDITIONAL USE WOULD BE... FOR THOSE USES IN PARTICULAR WOULD BE BETTER. THE ALTERNATIVE IS TO HAVE A CONDITIONAL USE FOR ANY OUTDOOR ENTERTAINMENT. AND THAT WOULD CAPTURE... >> WELL, THAT WAS GOING TO BE MY NEXT QUESTION TO YOU. WE SHOW SEPARATELY OTHER TYPES OF EATING ESTABLISHMENTS, WINE AND... >> YES, YES. >> WINE BARS AND SO ON AND SO FORTH. I MEAN, IT WOULD SEEM TO ME THAT AN EATING ESTABLISHMENT MIGHT WANT... >> YES. >> ... TO HAVE A STEEL DRUM PLAYING ISLAND MUSIC. >> SORRY, CHAIR, TO INTERRUPT YOU. THE DISCUSSION THIS MORNING DID GO ON TO THAT. AND WHETHER OR NOT IT WOULD BE A SPECIFIC CONDITIONAL USE FOR VARIOUS PARTICULAR USES OR A BLANKET. >> WE WANT TO BROADEN IT WHICH WOULD COVER ANY APPLICATION FOR NOISE. >> I THINK FROM HEARING... WHAT YOU HAVE BEFORE YOU TODAY BECAUSE IT WAS PREPARED EARLIER, IS THAT CONDITIONAL USE, JUST FOR THOSE THREE USES, WHAT I HEARD THIS MORNING WAS MORE OF AN INTENT REALLY TO CONTROL, IF YOU LIKE, OR TREAT EQUALLY ANY OUTDOOR USE ACTIVITY OR NOISE GENERATOR THROUGHOUT EDGARTOWN. >> SO THAT MEANS ALSO RESIDENTIAL. >> YES. YES. >> IF SOMEONE CHOSE TO HAVE A BLOCK PARTY, THAT WOULD INCLUDE AND COVER THE BLOCK PARTY. THEY WOULD HAVE TO COME FOR CONDITIONAL USE. IN ORDER TO DO THAT WITH NOISY STRUSSMENTS. >> YES. >> I WAS TRYING TO PIECE ALL OF THE CONVERSATION THIS MORNING TOGETHER. I MENTIONED, I MENTIONED THIS MORNING THAT I CAME THIS MORNING WITH THE HOPE OF GETTING A CLEAR UNDERSTANDING OF WHAT THE COMMISSION'S THOUGHT WAS CONCERNING THIS WHOLE ISSUE. AND I WASN'T SURE THAT I WASN'T LEAVING WITH A LITTLE MORE CONFUSION THAN I SHOWED UP WITH. BUT I HAD TO SIT AND DIGEST IT QUIETLY FOR A LITTLE BIT MYSELF. I'M SURE THAT IS WHAT YOU HAD TO DO. >> ABSOLUTELY. >> WHEN YOU LEFT THE CHAMBERS. I WAS FOOLISH ENOUGH TO STAY IN THE CHAMBERS AND LISTEN TO SOME MORE STUFF THAT GOT CONFUSING. OKAY. SO WHEN WE ARE GETTING READY TO MAKE A MOTION, I WOULD LIKE YOU TO ASSIST IN THE LANGUAGE. >> BUT IF I UNDERSTAND THIS CORRECTLY, WE ARE ESSENTIALLY LOOKING AT WHETHER OR NOT WE ARE GOING TO MAKE A MOTION AND APPROVE THESE RECOMMENDATIONS AS YOU HAVE THEM BULLETED OUT HERE. >> THAT IS THE STARTING POINT. >> WITH CONDITIONS TO LOOK AT THE POSSIBILITY OF EXAMPLE CONDITIONAL USE FOR ANY ENTERTAINMENT VENUE. SO THAT IT DOESN'T GET LOCKED IN TO JUST A BEER PUB OR... >> BISTRO, WINE AND CIGAR BAR. >> RIGHT. SO THESE THREE TYPES OF USES WHICH ARE CURRENTLY ALLOWED BY RIGHT... >> YES. >> WE WANT TO SUGGEST AMENDING TO MAKE ANY FUTURE DEVELOPMENT HAVE TO GO THROUGH A CONDITIONAL USE APPLICATION FOR JUST THOSE THREE. THOSE WERE THE ONLY THREE THAT ANYBODY HAD IDENTIFIED? THOSE ARE THE ONLY THREE THAT THEY ARE CONCERNED ABOUT? >> WELL, THAT IS FROM THIS MORNING. THE DISCUSSION WIDENED TO WHAT IF ANOTHER USE... YOU KNOW, THE SPA DECIDED TO HAVE, YOU KNOW, A BAND PLAYING OUT BACK. [02:00:01] FOR ENTERTAINMENT OF THEIR CUSTOMERS. I DON'T KNOW. THAT THEY SHOULD BE SUBJECTED TO THE SAME LIMITATIONS AS BREW PUB. SO THAT WOULD BE A BLANKET CONDITIONAL USE FOR ANY OUTDOOR ENTERTAINMENT THAT WOULD BE TAKING PLACE. AS A CONDITIONAL USE IN EDGARTOWN. >> YOU LOOK AT TWO RECOMMEND... RECOMMENDING OF TWO CONDITIONAL USES. ONE WOULD BE THE CONDITIONAL USE FOR ANY... ANY ESTABLISHMENTS SELLING ALCOHOL IRK... ALCOHOLIC BEVERAGES. THEN CONDITIONAL USE FOR ANY VENUE OFFERING OUTDOOR MUSIC. >> YES. THAT WOULD BE A GOOD WAY OF... RIGHT. >> LIVE OR PRERECORDED. AMPLIFIED. >> YES. DOESN'T MATTER... >> I DON'T WANT TO GET INTO... >> WE ARE NOT GETTING INTO. THAT THEY DEALT WITH THAT EARLIER. MY POINT IS THAT THE PERCEIVED VOLUME AT THE PROPERTY, RIGHT? >> THAT IS THE THIRD ITEM, THEN. WE SHOULD RECOMMEND, I BELI BELIEVE,... >> WELL, WE HAVE TO BE VERY SPECIFIC IF WE ARE TAWSHING ABOUT CONDITIONAL USE. >> WE ARE TALKING ABOUT RECOMMENDATION TO THE CITY COUNCIL TO MAKE A DECISION ON HOW THEY WANT TO DO. >> OKAY. >> RIGHT? >> WE ARE NOT GOING TO SUGGEST TO THEM, WE WANT THIS WORDING. WE ARE SUGGESTING THAT ANY ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES NEEDS TO BE REVIEWED AS A CONDITIONAL USE. WE ARE TALKING ABOUT ANY OUTDOOR VENUE WITH MUSIC TO BE A CONDITIONAL USE. AND THEN THE THIRD DISCUSSION WOULD BE TO TIE IN THE NOISE ORDINANCE IN EDGARTOWNRA. THEY ARE THAN HAVE THEM... THEIR OWN WORDING, JUST PUT A CLAUSE IN THE NEW AMENDMENT AT SOME POINT. TO REFER TO THE CITYWIDE NOISE ORDINANCE. THAT PUTS THE COMMISSION IN A SLOT THAT THEY SAY YEAH, THIS IS A GOOD WAY TO DO THIS. WE NEED TO REVISE AND AMEND OUR CITY-WIDE NOISE ORDINANCE. >> I HAVE ONE QUESTION. >> YES. >> IS IT ON GENERAL COMMERCIAL ZONE OR NEIGHBORHOOD? >> THIS IS LIKE A MIXED-USE. YOU CAN HAVE RESIDENTIAL AND COMMERCIAL IN THE SAME AREA. >> DID WE LOOK AT HOW MANY, LIKE HOUSING OR BUSINESSES, WHICH ONE IS... YOU KNOW, THE MAJORITY IN THERE. >> THE MAJORITY IS RESIDENTIAL: BUT WE DO HAVE A NUMBER OF... >> THERE IS A NUMBER OF... A MIX OF 32-38 PROPERTIES, LOTS, HOWS, COMMERCIAL USE, COMBINATIONS THAT ARE THERE. IT IS A VERY SMALL NUMBER. IT IS AN OVERLAY DISTRICT. SO THIS OVERLAY DISTRICT IS HANDLED SEPARATELY FROM EVERYTHING ELSE IN THE CITY. F AND RATHER THAN TO INCLUDE INTO THE... STRICTLY INTO THE ORDINANCE OF THIS OVERLAY DISTRICT, THIS QUESTION AND DISCUSSION ABOUT NOISE, THE THOUGHT PROCESS IS MOVING TOWARDS SAYING REFER TO THE NOISE ORDINANCE OF THE CITY OF FORT PIERCE. BECAUSE THAT ORDINANCE NEEDS TO BE CONCLUSIVE ACROSS THE CITY. >> I THINK 9:00 P.M. IS JUST TOO EARLY. >> 9:00 P.M. FOR WHAT IS TOO EARLY? >> ITHE NOISE. IT IS TOO EARLY TO CUT IT OFF. >> TO ME. >> WELL, IF YOU LIVED IN A RESIDENCE NEXT-DOOR TO A FACILITY THAT WAS PLAYING MUSIC AT 60DBA WHICH COULD POSSIBLY FILTER TO YOUR PROPERTY, YOU MIGHT NOT THINK 9:00 WAS TOO SOON. SEE, AGAIN, THIS IS A VERY UNIQUE NEIGHBORHOOD OVER HERE. RIGHT? IT IS A HISTORICAL NEIGHBORHOOD. IT IS ONLY 38 PROPERTIES. 32-38. I'LL GET THAT ANSWER HERE IN A MOMENT, I'M SURE. >> YES. 34. >> 34 PROPERTIES. >> YES. >> INVOLVED. IT IS AN OVERLAY DISTRICT THAT HAS BEEN CARVED OUT AND LOOKED AT AND VIEWED SEPARATELY BY THE CITY. IT IS VERY UNIQUE NEIGHBORHOOD. SO THEREFORE, THINGS THAT HAPPENED THERE DON'T ALWAYS HAPPEN THE SAME WAY THEY MIGHT HIN THE REST OF THE COMMUNITY. ONE OF THE THINGS WE NEED TO KEEP IN MIND TALKING ABOUT EDGARTOWN, IN THE ORIGINAL DEVELOPMENT OF EDGARTOWN, I MEAN, I HAVE BEEN AROUND HERE FOR A LITTLE OVER 50 YEARS, AND [02:05:04] I CAN REMEMBER WHEN THERE WAS A TOWER IN EDGARTOWN. AND THERE WERE TIMES THAT I WOULD COME ROLLING INTO TOWN, AND TAKE A SUIT OVER THERE TO GET SOMETHING DONE TO IT OR A PAIR OF SLACKS TO GET THEM LENGTHENED PROPERLY, AND THE TAILOR WAS THERE. HE HAD A TAILOR SHOP, WHAT LOOKED LIKE IT MIGHT HAVE BEEN HIS FRONT PORCH ORIGINALLY. HE WAS OPERATING OUT OF HIS HOUSE. THOSE ARE THE KINDS OF BUSINESSES, THAT I BELIEVE WHEN THE OVERLAY WAS FIRST CONSTRUCTED, THEY WANTED TO PROTECT THAT ABILITY TO CONTINUE TO DO THAT IN THIS HISTORICAL DISTRICT. NOW, BECAUSE OF THE WORDING AND THE WAY THE ORDINANCE WAS ORIGINALLY DRAFTED, IT KIND OF LEFT THE DOOR OPEN FOR SOME OTHER THINGS. THE COMMUNITY HAS GOTTEN SOMEWHAT AGGRAVATED ABOUT SOME OF THE ACTIVITIES. AND WE CAN'T PREVENT THE ACTIVITIES FROM TAKING PLACE THAT ARE THERE NOW. BUT I THINK THE THOUGHT PROCESS NOW BY THE COMMISSION AND THE CITY AS A WHOLE, IS THAT WE NEED TO LOOK AT IT AND SEE WHAT WE CAN DO TO TRY TO SOFTEN SOME OF THESE DISCUSSIONS IN THE FUTURE. AND THIS IS ONE WAY TO DO IT. >> OKAY. S IF. >> AND TO NOT MOVE THIS AMENDMENT FORWARD, I DON'T THINK IS THE RIGHT THING TO DO. I THINK THAT KEVIN IS CORRECT IN HIS JUDGMENT AND SUGGESTION, AND I THINK OUR DISCUSSION THIS MORNING ABOUT IT A LITTLE BIT... WE WERE BOTH AT THE SAME PLACE. AFTER LISTENING TO THE... I DON'T KNOW HOW MANY HOURS OF DISCUSSION THE COMMISSION HAD ON IT. IN THE AGENDA MEETING. THAT WE SHOULD MOVE FORWARD WITH THIS. BUT WE SHOULD MAKE RECOMMENDATIONS TO THE COMMISSION TO MAYBE TRY TO FINE-TUNE A COUPLE OF AREAS THAT THEY WERE STRUGGLING WITH. COMMISSIONER GAINES STRUGGLED WITH THE IDEA THAT EVERYTHING IN EDGARTOWN WAS HANDLED DIFFERENT THAN EVERYWHERE ELSE IN THE CITY. THAT SHOULDN'T BE. WELL, I'LL MAKE NOTE FOR MR. GAINES' BENEFIT AT THE MOMENT. I TEND TO AGREE WITH HIM TO A CERTAIN DEGREE. THAT IS WHAT ZONING IS. IT SAYS THIS PART OF THE CITY CAN DO ONE THING. THIS PART OF THE CITY CAN DO SOMETHING ELSE. THAT IS WHY WE HAVE ZONING. THE WHOLE CITY NEVER OPERATES THE SAME. IT ALWAYS HAS AREAS THAT OPERATE DIFFERENTLY. EDGARTOWN SHOULD BE ABLE TO OPERATE DIFFERENTLY, BUT I THINK IT SHOULD OPERATE DIFFERENTLY, AND WE SHOULD USE GOOD JUDGMENT IN DOING IT. I THINK THERE WERE SOME HOMES LEFT IN THE ORIGINAL DOCUMENT. ... SOME HOLES LEFT IN THE ORIGINAL DOCUMENT. I THINK WE ALL HEARD LOUD AND CLEAR FROM THE HISTORICAL PRESERVATION BOARD MEETING THAT NOISE WAS REALLY THE BIG HOT BUTTON. THERE WAS A SEPARATE SIDE NOTE THAT I ALSO PICKED UP OUT OF THAT. ABOUT THE 800 SQUARE FEET OF OUTSIDE ENTERTAINMENT AREA WHICH I WOULD LIKE PEOPLE TO UNDERSTAND THAT THAT WOULD BE A STRIP OF GROUND TWO FEET WIDE AND A HUNDRED FEET LONG. OR 20 FEET WIDE AND 40 FEET LONG. 20 BY 40. RIGHT? THAT WOULD BE 800 SQUARE FEET. WE ARE NOT TALKING... 20 BY 40 IS A 25% OF THIS ROOM. MAYBE NOT EVEN THAT MUCH. OF THIS ROOM. WE ARE NOT TALKING ABOUT A BIG AREA FOR AN OUTSIDE VENUE WITH OUTSIDE ENTERTAINMENT. YOU KNOW? AND I THINK DULY NOTED BY REPRESENTATION THROUGH EDGARTOWN, THAT IF THAT ORDINANCE EXISTS AND IT DOES, AND IT EXIST IN THE COMMENT IN HERE REFERRING TO THAT ORDINANCE, THEN IT SHOULD BE ENFORCED. AND IT DOESN'T APPEAR THAT IT HAS BEEN, I DON'T THINK. SO I THINK THE THREE ITEMS IS TO MAKE ANY VENUE WHO OUTSIDE ENTERTAINMENT IS CONDITIONAL USE. THAT IS WHAT WE ARE TALKING ABOUT. REFER TO THE CITYWIDE NOISE ORDINANCE. REGARDING NOISE IN EDGARTOWN. AND SOMETHING ELSE CONDITIONAL USE. OH. ANY, ANY FACILITY... ANY BUSINESS SELLING ALCOHOLIC BEVERAGES WOULD BE CONDITIONAL USE. I THINK THAT IS A GOOD IDEA TO [02:10:01] INCLUDE BECAUSE... FROM THE POIT WHERE YOU START SELLING ALCOHOLIC BEVERAGES IS ALL OF A SUDDEN WHEN SOMEBODY SAYS "OH, LET'S HIRE THAT GUY WE HEARD OVER AT SUCH AND SUCH TO PLAY MUSIC." AND THEN WE ARE GOING TO BE SITTING RIGHT BACK HERE AGAIN IN THE CHAMBER HAVING THE SAME DISCUSSION. AND THERE IS NO POINT IN THAT. ANY OTHER COMMENTS? FURTHER COMMENTS? >> I THINK THAT IS... I MEAN, YOU ARE 100% RIGHT. I AGREE WITH YOU. KEVIN, FOR THE SECOND CLARITY, COULD YOU JUST SO WE UNDERSTAND, MAYBE CLARIFY WHAT THE 9:00 P.M. ORDINANCE IN EDGARTOWN IS? >> SO THAT, THAT... THAT IS EXISTING IN THE CODE AT THE MOMENT. AND IT WAS SET, I BELIEVE, I UNDERSTAND, TO UNDERSTAND THAT THERE WERE RESIDENTIAL PROPERTIES IN THE LOCATION WHERE THE CITY AT THAT POINT, WANTED TO ENCOURAGE COMMERCIAL ACTIVITIES. AND THE 9:00 P.M. WAS SET SO WE HAD THIS ACCEPTABLE DIVISION BETWEEN COMMERCIAL, NOISE ACTIVITIES, AND PEOPLE LIVING IN THAT NEIGHBORHOOD. SO THAT WAS... THAT LENS WE ARE NOT ANTICIPATING WANT TO CHANGE THAT. WHAT WAS SAID AT THAT TIME, THOUGH, WAS THAT OUTDOOR ENTERTAINMENT WOULD BE ACOUSTIC ONLY. IT DIDN'T SAY NOISE LEVELS. IT DIDN'T SAY ANYTHING ELSE APART FROM, AGAIN, REFERRING TO THE 60 DECIBELS. WHICH IS THE STANDARD DECIBELS. THE ISSUE FROM THAT 9:00 P.M. AND FROM THE ACOUSTIC PIECE OF THAT IS THAT ANY AMPLIFIED SOUND IS IMMEDIATELY ENFORCEABLE. CAN'T BE ALLOWED. ANYBODY PLAYING A RADIO, ANYBODY PLAYING THROUGH SPEAKERS. THAT IS NOTWITHSTANDING, ANY NOISE LIMITATIONS. THAT BECOMES ENFORCEABLE. THAT IS NOT ALLOWED. BUT IT DOESN'T REALLY GIVE YOU A GOOD READING OF WHAT THE VOLUME OF ACOUSTIC NOISE COULD BE. >> SO JUST TO MAKE SURE I UNDERSTAND THIS, 9:00 P.M. IS THE CUTOFF FOR OUTDOOR ENTERTAINMENT. >> YES. >> OF ANY KIND? >> YES. YES. >> THAT IS 7 DAYS A WEEK? >> ON THOSE THREE LOCATIONS. >> (LAUGHTER). >> ON THOSE... >> IF YOU WANT TO DO IT IN YOUR BACKYARD, YOU ARE OKAY. >> THIS IS THE LITTLE... THERE IS A THUMB WERE OF LITTLE... THERE IS A NUMBER OF LITTLE PIECES HERE. >> RIGHT NOW, IT READS ENTERTAINMENT OUTDOORS. PERMITTED SUBJECT TO CHAPTER 29, ARTICLE 2. NOISE, THE CITYWIDE NOISE ORDINANCE. EXCEPT THAT NO OUTDOOR ENTERTAINMENT SHALL OCCUR AFTER 9:00 P.M. >> NO OUTDOOR ENTERTAINMENT. >> IN EDGARTOWN. >> YES. >> OKAY. I MEAN, TO SUMMARIZE... >> DOES THAT GO FOR EVERYBODY? >> NO. NO. OUTDOOR ENTERTAINMENT. HARD SHUTOFF AT 9:00. OUTDOOR ENTERTAINMENT. HARD SHUTOFF AT 9:00 P.M. NOBODY HAS ANY ISSUE WITH THAT. NOBODY IS ASKING THAT TO CHANGE. >> THERE HAS BEEN NO ISSUE TO THAT. THAT I'M AWARE OF. >> BUT BEFORE 9:00 P.M., THE WAY THE CODE WAS WRITTEN NOW, THAT OUTDOOR ENTERTAINMENT IS PERMITTED BUT IT IS SUPPOSED TO ONLY BE ACOUSTIC. >> YES. >> WHICH IS SOMETHING THAT IS FUNCTIONALLY NOT REALLY HELPFUL BECAUSE IF WE BRING IN TEN BAGPIPERS OUT AT 8:30, WE ARE GOING TO HAVE AS MUCH OF A PROBLEM AS IF I HAVE A P.A. SYSTEM. >> YES. >> THAT ALL MAKES SENSE. THE 60D.B., IS THERE A TIME-CONDITIONAL ELEMENT OF THAT? IS THAT ACROSS THE BOARD ANY TIME OF DAY? >> NO. THAT CHANGES DURING DIFFERENT PARTS OF THE DAY. DEPENDING ON WHETHER YOU ARE IN A COMMERCIAL OR RESIDENTIAL RECEIVING PROPERTY. THERE IS A LOOPHOLE, AGAIN THAT, WE HEARD ABOUT THIS MORNING, THAT THERE IS A PARTICULAR PART OF THE DAY THAT IS NOT COVERED. CITYWIDE. EDGARTOWN IS DIFFERENT IN THAT IT DIFFERS FROM THE CITYWIDE CODE IN THAT IT CUTS OFF 9:00 P.M. IN EDGARTOWN. CITY BYE, IT CUTS OFF AT 11:00 P.M. >> RIGHT. >> NOT AFFECTING THAT CITYWIDE ISSUE IN WHAT WE ARE DISCUSSING HERE. >> I REALIZE THAT THEY HAVE THE 9:00 P.M. CUTOFF, SO WHAT IS THE START TIME? >> START TIME IS AT $7:00 A.M. >> A.M. >> OKAY. >> POTENTIALLY. 7:00 A.M. >> I MEAN, IF YOU STOP AT 9:00 [02:15:02] P.M., CAN YOU START BACK AT MIDNIGHT? >> NO. >> NO. >> YOU SEE WHAT I'M SAYING? >> THEY DON'T TECHNICALLY SAY IT? >> YOU CAN START BACK AT 7:00 A.M. IT IS SAID IN AN ABOVE ITEM. HOURS OF OPERATION. BETWEEN 7:00 P.M.... 7:00 A.M.... >> WHAT ABOUT A RESIDENTIAL? WHICH DOES NOT HAVE HOURS OF OPERATION. >> IN ESSENCE, THE RESIDENTIAL NOISE IS CONTROLLED BY THE CITYWIDE ORDINANCE NOW. >> WHICH IS THE SAME AS WHAT THIS IS WRITTEN. >> OKAY. >> SO THIS IS MONDAY THROUGH FRIDAY. I MEAN MONDAY THROUGH SUNDAY. >> SUNDAY VARIES SLIGHTLY. AND THAT IS WHERE WE FOUND A LOOPHOLE. THIS MORNING. THAT WAS MENTIONED. THAT IT... THERE IS A GAP BETWEEN 1:00 A.M. AND 7:00A. THE CITY CODE. THE CITY NOISE ORDINANCE. THAT IS A SEPARATE ISSUE. SOMEBODY ELSE WILL DEAL WITH THAT FOR A LITTLE WHILE. >> OKAY. SO THERE IS NO... BECAUSE I MEAN, ON CERTAIN DAYS LIKE, PEOPLE DO LIKE TO GO OUT ON THOSE DAYS. I'M PRETTY SURE THAT IS WHEN BUSINESS IS BOOMING FOR THEM. SO ME PERSONALLY, FEELING LIKE IT IS A... I'M OKAY WITH, YOU KNOW, THE MONDAY THROUGH THURSDAY KIND OF THING. WHEN IT COMES TO FRIDAY AND SATURDAY, WE ARE NOT GIVING ANY BUSINESSES IN THAT AREA ANY LEEWAY TO EXTEND THAT PAST 9:00 P.M. >> THAT IS CORRECT. >> NOT WITH THIS CODE. NO. >> NO. IF YOU WERE A BUSINESS OWNER AND YOU WANT TO MOVE TO FORT PIERCE, OBVIOUSLY, THEN, YOU WOULDN'T MOVE TO EDGARTOWN. WHICH IS 34 PIECES OF PROPERTY. I MEAN, IT IS NOT LIKE IT IS... THERE IS A MAP IN YOUR, IN YOUR PACKET. THIS IS A MAP OF EDGARTOWN. I MEAN, WE ARE NOT TALKING ABOUT A CITYWIDE... THIS IS PROBABLY A BETTER ONE. IT HAS STREET NAMES ON IT. >> NO. I KNOW THE AREA ALL WELL. >> YOU KNOW, OF COURSE, THE QUESTION THIS MORNING CAME UP ABOUT KING'S LANDING AND THE ROOF BAR. THAT IS BEING DISCUSSED. WELL, I THINK THE SOUND ENGINEER CLEARLY DEMONSTRATED THAT IF THERE IS NOISE ON THAT BAR, EDGARTOWN MAY HEAR IT. I'M SURE THAT THE RESIDENTS, AND THERE IS A COUPLE OF THEM HERE TODAY, SO I'M GOING TO PUT MY HEAD OUT THERE AND GET SMACKED. THAT IS OKAY. I HAVE DONE THAT A LOT OF TIMES. IF THEY ARE UPSET WITH THE NOISE COMING OFF THE KING'S LANDING ROOFTOP BOOR BAR, THAT IS A SEPARATE DISCUSSION OTHER THAN WHAT'S GOING ON IN THEIR OWN AREAS THAT THEY HAVE ASKED FOR PROTECTION FROM. I RESPECT WHAT THEY ARE TRYING TO DO HERE. I RESPECT WHAT THE CITY IS TRYING TO DO IN RESPONSE TO THE SITUATION. BUT I ALSO DON'T THINK THAT... I THINK THIS IS WHERE YOU ARE HEADING. WE CAN'T IMPOSE RESTRICTIONS OF EDGARTOWN OUTSIDE OF EDGARTOWN. >> OH, NO. I'M NOT... YOU KNOW... >> IF I'M A BAR OWNER AND I WANT TO COME INTO FORT PIERCE AND OPEN UP A BAR, THERE IS A LOT OF REAL ESTATE IN FORT PIERCE. I CAN OPEN UP A BAR. I DON'T HAVE TO OPEN IT UP NEXT TO MRS. SMITH IN EDGARTOWN AND KEEP HER UP UNTIL MIDNIGHT BECAUSE I'M PLAYING MUSIC. NOW, SEE? I LOOK AT THINGS DIFFERENTLY BECAUSE I'M NOT YOUNG. I'M OLD. >> NO. YOU KNOW, I HAVE SEEN... >> WHEN SOMEBODY PLAYS LOUD MUSIC AROUND MY PLACE, I GET CRANKIER. >> THERE ARE A LOT OF QUAINT AREAS WHERE, LIKE, A STRIP LIKE THIS WOULD BE... AND INKNOW IT IS NOT THE SAME. A STRIP LIKE THAT WOULD BE BUSINESS/RESIDENTIAL THROUGHOUT, AND THERE WOULD BE MUSIC PLAYING ALL THE TIME. I GUESS THAT IS SOMETHING THAT THE RESIDENTS ARE ALL COMFORTABLE WITH, AND WE ARE FACING THE ISSUE CURRENTLY WHERE THE RESIDENTS AREN'T OKAY WITH THAT. >> I THINK THE INTENT WAS EVER TO... FOR EDGARTOWN TO BECOME PART OF THE ENTERTAINMENT DISTRICT OF FORT PIERCE. I DON'T THINK THAT WAS EVER THE INTENT. >> I DON'T THINK THAT IS THE INTENT WITH A LOT OF AREAS. >> I'M NOT SURE... >> IT JUST HAPPENS. ORGANICALLY. >> I REVIEWED THE HISTORY ON THIS PARTICULAR... LET'S FACE IT. I'M NOT... THERE IS NO NEWS COMING OUT OF THIS. THERE IS ONE FACILITY IN PARTICULAR THAT IS, THAT IS INVOLVED IN THE IMPACT OF THIS DISCUSSION. AND I WENT BACK AND TRIED TO FOLLOW SOME OF THE HISTORY ON THAT FROM THE TIME THAT IT BECAME A PREWRY, AND IT WAS A [02:20:09] BREWERY BREWING BEER THERE. THEY MOVED TO THE OLD PENNIES BUILD THE PENNEY'S BUILDING. RIGHT? THEY ARE BREWING BEER THERE NOW. THE AND THE OWNER OF THE CIDER BREWERY WENT IN. I DON'T KNOW WHETHER OR NOT THE SAME EQUIPMENT WAS LEFT BEHIND FOR HIM BECAUSE HE WAS GOING TO OPEN A BREWERY OR WHAT THE STORY IS. BUT HE OPENED UP THE SITE. I DON'T THINK INITIALLY ANY DISCUSSION WAS HAD OVER WHETHER OR NOT THERE WAS A BREWERY THERE. THE DISCUSSION DIDN'T START UNTIL ALL OF A SUDDEN, THE ENTERTAINMENT SHOWED UP. IT STARTED TO BECOME BASICALLY AN OUTDOOR NIGHTCLUB. >> ANY DEVELOPMENT IS GOING TO GROW ORGANICALLY, AND I THINK, YOU KNOW, HAVING SUCH A STRICT OR A HARD HAND ON IT, IT IS NOT LEADING THE DEVELOPMENT OR ANY AREA TO GROW ORGANICALLY AND BE SHAPED IN THE WAY... AND MOVING WITH TIME. I'M NOT TALKING JUST ABOUT THAT BECAUSE I KNOW THERE IS ANOTHER AREA... CEDAR? THAT LITTLE AREA. THEY HAVE BUSINESSES RIGHT THERE. IT IS LIKE, WHO KNOWS WHAT THOSE BUSINESSES CAN BECOME? WHO KNOWS HOW THAT AREA CAN BE? I THINK EDGARTOWN, IN GENERAL, I DON'T WANT TO SAY DOESN'T HAVE A DEFINED HISTORICAL AREA, BUT IF YOU ARE BRINGING IN SMALL LITTLE BUSINESSES OR, YOU KNOW, SOMETHING THAT IS PUSHING AND MOVING THAT AREA AROUND, IT IS NOT ENCOURAGING ANY OF THE FLOAT TO HAPPEN OR TO PRESERVE. THERE IS PLENTY OF PEOPLE THAT WOULD LOVE TO COME IN AND STILL PRESERVE THE LOOK AND ENHANCE IT AS WELL. YOU KNOW? >> F ARE WE ENHANCING IT BY BRINGING BUSINESS IN? THAT IS NOT NECESSARILY ENHANCING A PRIMARILY RESIDENTIAL AREA. >> THEN THE CODING... THE ZONING FOR THAT AREA SHOULD BE LOOKED AT EVEN MORE. IF THAT IS THE CASE. SO IT IS NOT RESIDENTIAL. I MEAN, SO IT IS NOT COMMERCIAL OR, YOU KNOW, COME DOWN... IF WE ARE TRYING TO PRESERVE IT TO BE RESIDENTIAL, THEN THAT LITTLE AREA THAT HAS BUSINESSES, THE CODE NEEDS TO CHANGE. IF THAT IS THE CASE, THE CODING NEEDS TO CHANGE. SO FUTURE PEOPLE DON'T WASTE THEIR TIME, THEIR MONEY, THEIR ENERGY TO, YOU KNOW, SEE A GREAT IDEA AND TRY TO GO IN AND IMPLEMENT IT. THEN THEY ARE HIT WITH ALL THESE WALLS E. THAT IS A WASTE OF TIME. I DON'T THINK THAT IS GOOD FOR ANYONE. >> WELL, MAYBE THIS IS A GOOD TIME TO OPEN UP THE PUBLIC PORTION OF OF THE F MEETING ANT SOME INPUT FROM A COUPLELE OF RESIDENTS. >> I'M DOWN FOR IT. >> WOULD THAT BE OKAY? >> ALL RIGHT. WE WILL OPEN UP THE PUBLIC PORTION OF THE MEETING. ANYONE SPEAKING TO THIS, PLEASE STEP FORWARD. DON'T BE BASHFUL. WE WANT TO HEAR THE GOOD, THE BAD, AND THE UGLY. >> I WAS THE CHAIR OF THE HISTORIC BOARD. I WAS COME OFF THAT BOARD AFTER 12 YEARS. I HAVE LIVED IN EDGARTOWN FOR 20 YEARS. MY HUSBAND AND I WERE ONE OF THE SECOND FAMILIES TO BUY A HOUSE THERE AND RESTORE IT. IT IS A VERY SMALL AREA. IT IS ABOUT, I WOULD SAY, 90% RESIDENTIAL AND PEOPLE BUY HOUSES AND DUMP THEIR TIME, MONEYEN AND ENERGY EVERY DAY INTO TRYING TO KEEP THESE HISTORIC HOMES RESTORED AND THE UPKEEP. IT IS A CHORE. WE DO HAVE WHITE'S BAIT AND TACKLE ACROSS THE STREET FROM ME. THEN IT TURNED INTO A DRESS SHOP. NOW IT IS STING-RAY. THE ONLY OTHER BUSINESS IN THE AREA IS THE DIVE SHOP AT THE VERY END OF THE STREET. AND THEN THE BARBECUE PLACE. I THINK IT IS SHUT DOWN FOR RIGHT NOW. THERE ARE NO OTHER BUSINESSES IN THE AREA. EVERYTHING ELSE HAS BEEN BOUGHT BY PRIVATE OWNERS, AND THEY HAVE SPENT A CONSIDERABLE TIME AND MONEY TRYING TO LIVE THE AND HAVE A QUIET ENJOYMENT OF THE TOWN AND KEEP THESE HISTORIC HOMES PRESERVED. I UNDERSTAND WHAT HAROLD IS SAYING ABOUT, YOU KNOW, I HAVE SEEN KEEP DOWNTOWN AREAS WHERE THEY TURN INTO, LIKE, YOU KNOW, SHOPS AND BOOKSTORES AND BISTROS AND THINGS LIKE THAT. BUT FRANKLY, THE UPKEEP OF THESE HOUSES AND HOW SMALL THEY ARE, THEY DON'T REALLY... YOU KNOW, MOST OF THEM ARE BETWEEN 1,200 AND 1,600 FEET. [02:25:02] THERE ARE A COUPLE OF BIG TWO-STORIES. THEY ARE USING THEM AS AIR B&B'S. THE LOTS AREN'T BIG ENOUGH. THEY ARE SIDE BY SIDE. IT DOESN'T TURN INTO THE CUTESY ARTS CRAFTS KIND OF THING. IT IS BETTER SUITED FOR RESIDENTIAL. IT IS A BIG PART OF DOWNTOWN'S DEVELOPMENT. ALL THESE PEOPLE HAVE COME IN AND SPENT A LOT OF TIME AND MONEY INVESTING IN THIS AREA WHICH BROUGHT IT UP AND MADE IT MORE ATTRACTIVE TO BRING OTHER BUSINESSES DOWNTOWN AND MAKE IT MORE OF A WAUKEE NEIGHBORHOOD IN BETWEEN US AND FISHERMAN'S WHARF. I DO WANT TO SAY WE CAN HEAR EVERY SINGLE WORD OF THE SONGS THEY ARE SINGING AT THE TIPSY TIKI. WE NEVER CALL. WE REALIZE THAT WE ARE IN THE MIDDLE OF DOWNTOWN. WE DON'T WANT IT RIGHT UP... WE ARE PREPARED TO HEAR IT FROM KING'S LANDING. WE HEAR IT FROM TIPSY TIKI, CROCK DILLIA'S. WE CAN HEAR THE SINGING PALM TREES IF THE WIND BLOWS RIGHT. WE ARE IN THAT TYPE OF AREA. WE WOULD LIKE TO PRESERVE IT FOR RESIDENTIAL USE. IT IS THE BEST USE FOR THE HOUSES. I PRESERVES THEM THE BEST. >> YOU WOULD NOT LIKE IT TO HAVE IT COMING OUT OF YOUR AREA. >> RIGHT. >> YOU DON'T MIND THE CONTAMINATION OF SOUND COMING INTO THE AREA. YOU UNDERSTAND THAT IS GOING TO HAPPEN. >> RIGHT. WE UNDERSTAND THAT. >> THE LOCATION... THE FACILITY THAT IS YOU ARE REFERRING TO ARE ACTUALLY ON THE NORTH SIDE OF SEAWAY DRIVE ARE. THEY NOT? >> RIGHT. YEAH. >> I MEAN, YOU CAN HEAR EVERYTHING. YOU CAN HEAR EVERY FESTIVAL. CHRISTMAS PARADE. YOU CAN HEAR THE PIRATE FESTIVAL. SANDY SHOES. EVERYTHING. THAT IS PART OF THE DESIRABILITY OF LIVING THERE. YOU CAN WALK TO THINGS AND STUFF LIKE THAT. BUT IT IS ALSO TO BE CONSIDERED THAT WE ARE THE OLD EEST SECTION OF FORT PIERCE. THE WEAR AND TEAR ON SOME OF THESE BUILDINGS IF YOU PUT THEM TO COMMERCIAL USE WOULD BE A DETRIMENT TO THE BUILDINGS AS WELL. A LOT OF THEM ARE 125 YEARS OLD. >> THAT WAS PRETTY CLOSE TO BEING ONE OF THE FIRST RESIDENTIAL DEVELOPMENTS IN FORT PIERCE. IF I RECALL CORRECTLY. >> YES, IT IS. THE LADY THAT OWNED... SHE BOUGHT IT IN 1897. >> AS FAR AS THE DISCUSSION WHETHER IT IS HISTORICAL, IT IS HISTORICAL. >> YES. WE JUST DON'T WANT IT TO BE THE POINT WHERE WE CAN'T ENJOY, YOU KNOW, OUR HOMES THAT WE HAVE WORKED SO HARD TO KEEP AND WORK FOR. >> THAT IS THE GENERAL CONSENSUS OF THE COMMISSION THIS MORNING. THAT, YOU KNOW, LET ESTRY TO PRESERVE THIS HISTORICAL NEIGHBORHOOD, AS A HISTORICAL NEIGHBORHOOD. >> YEAH. I THINK IT CONNECTS TO FISHERMAN'S WHARF DEVELOPMENT AND THE KING'S LANDING DEVELOPMENT DOWNTOWN. PEOPLE LIKE TO COME DOWN AND WALK AND SEE. IT MAKES IT MORE OF A... YOU WALK A NEIGHBORHOOD TO HAVE QUIET SPACE. THEN YOU ARE AT VETERAN'S PARK. DOWNTOWN. YOU ARE THERE AT FISHERMAN'S WHARF. I UNDERSTAND THAT IS GOING TO BE DEVELOPED FAIRLY... FOR AN ENTERTAINMENT TYPE DISTRICT. IT IS NICE TO HAVE A LITTLE BUFFER IN THERE. IT HELPS THE DOWNTOWN WHEN PEOPLE LIVE THERE. YOU DON'T HAVE AS MUCH UNDESIRABLE TRAFFIC AND CRIME. THEY KNOW THAT PEOPLE ARE LIVING THERE. WE ARE A BUNCH OF NOSY PARKERS. WE WATCH EVERYBODY. IT HELPS. IT IS LIKE LIVING AT A MARINA. WE ARE STILL THERE WATCHING. >> YOUR A NEIGHBORHOOD WATCH SHARE. >> THANK YOU. >> THANK YOU. >> I KNOW MS. TUNES HAS SOMETHING TO SAY. >> HELLO. MY NAME IS HOLLY TUNES. DAY. DID YOU STEAL THE PEN? YOU DIDN'T WRITE YOUR NAME DOWN. I'LL PUT YOU. >> THANK YOU. >> MY NAME IS HOLLY TUNES. I LIVE NEXT DOOR TO PIERCE CIDER. I BOUGHT MY PROPERTY IN 2012. IT WAS REALLY A HORRIBLE NEIGHBORHOOD. EDGARTOWN WAS. SUSIE AND PAUL LIVED A FEW BLOCKS DOWN. OTHER PEOPLE HAVE MOVED IN AND REGENERATED IT. MY HOUSE IS A 1905. THE ONLY THING THAT MADE IT STAND UP WHEN I BOUGHT IT WAS THE TERMITES HELD HANDS. THERE WAS A HOLE IN THE SECOND STORY. AND THEY HAD BLACK TRASH CANS DOWN TO THE DINING ROOM TO CATCH WATER. THE GUY HAD BEEN A HOARDER, FALLEN DOWN ON HIS LUCK. AND THE PLACE WAS ABSOLUTELY TRASHED. COMPLETELY TRASHED. BUT I BOUGHT IT BECAUSE IT HAD A NEWEL POST THE SIZE OF A BUELLING BALL WHEN YOU FIRST WALKED IN. ONE OF MY BEST FRIENDS WAS A STRUCTURAL ENGINEER. HE WENT WITH ME. I SAID, THIS IS CRAZY. [02:30:01] HE SAID "YEAH. BUT IT IS NOT CRAZY BECAUSE OF THE STRUCTURAL ISSUES." SO I KNEW STRUCTURALLY, THE HOUSE WAS SOUND. IT WAS JUST COSMETIC... YOU KNOW, SIX TO EIGHT FEET DEEP. I BOUGHT IT AND RENOVATE IT. I MOVED IN. I LOVE LIVING THERE. PIERCE CIDER BOUGHT THE PROPERTY NEXT-DOOR TO ME IN 2017. MY NEIGHBORS AND I WENT ACROSS THE STREET AND SAID, HEY, WE HAD PROBLEMS WITH SHELLFISH. THEY WOULD SHUT DOWN THE STREET WITHOUT TELLING US. THEY WOULD HAVE LOUD BANDS. THEY WOULD HAVE COMPETITIONS. IT IS AGAINST THE ORDINANCE. WE ARE NOT GOING TO GIVE YOU AN INCH. WE GAVE THEM AN INCH, AND IT WAS A PROBLEM. NO. I WOULD NEVER DO THAT. NEVER, NEVER, NEVER. NOT IN THE BUSINESS PLAN. NEVER GOING TO HAPPEN. OKAY. WELL, GO ALONG TO THE PANDEMIC. THEY CLOSED ALL THE BARS DOWN. WELL, THEY NEEDED OUTDOOR PLACES FOR PEOPLE TO HAVE ENTERTAINMENT. WAS A OF THE PANDEMIC. THEY STARTED BRINGING IN BANDS. JOHN SAID "WELL, WE BROUGHT IN A BAND AND I MADE A LOT OF MONEY." THE NEXT NIGHT WE BROUGHT IN ANOTHER BAND. I BROUGHT IN A LOT OF MONEY. WE ARE GOING 7 NIGHTS A WEEK UNTIL 10:00 WITH LOUD BANDS. AND WE ARE... YOU KNOW, THE NEIGHBORHOOD IS TRYING TO EXPLAIN TO HIM, IT IS NOT WITHIN THE ORDINANCE. YOU CAN'T DO THAT. WELL, DEFINE ACOUSTIC. THERE IS NO DEFINITION. DEFINE ACOUSTIC AND I'LL STOP. WELL, FINALLY, THE CITY ATTORNEY AND THE POLICE DEPARTMENT DEFINED ACOUSTIC. ON APRIL 7, THEY SHUT DOWN THE LOUD MUSIC. ON APRIL 8, THEY PUT A SPOTIFY RADIO ON THE STAGE IN THE BACK, AND THEY STARTED PLAYING SPOTIFY RADIO MUSIC FROM 10:30 IN THE MORNING TO 9:00 AT NIGHT. 7 DAYS A WEEK. WHETHER THERE IS A SINGLE HUMAN BEING ON THAT PROPERTY OR NOT. AND THE NEIGHBORS AND I WOULD CALL THE POLICE. WE WOULD ASK TO HAVE THE DECIBEL LEVELS READ. NOTHING EVER HAPPENED. IT IS OKAY UNTIL 11:00. OR YOU KNOW, THEY FIND OUT THAT THE POLICE WERE COMING. YOU KNOW, IT WOULD SHUT DOWN LOWER. WELL, FINALLY ON THE 15TH OF DECEMBER, THANKS TO MR. MIMMS SENDING THROUGH A REQUEST THROUGH THE... YOU KNOW, HIS CHANNELS. THEY CAME AND THEY MEASURED THE DECIBELS OF THE RADIO. THREE MEASUREMENTS. 60, 62, AND 64 WERE THE AVERAGES. IT WAS SPIKING AT 70. IT HAS BEEN PLAYING AT THAT LEVEL FOR EIGHT MONTHS. 12 HOURS A DAY. THIS BUSINESS IS SUCCESSFUL. THEY WOULD BE SUCCESSFUL WHEREVER THEY CHOSE TO LOCATE. THEY DON'T NEED TO BE IN OUR RESIDENTIAL NEIGHBORHOOD. JOHN NALLY IN A NEWSPAPER ARTICLE SAID "YEAH I KNEW ABOUT THE ORDINANCE WHEN I BOUGHT THE PROPERTY. BUT I FORGOT." I'M SORRY. I CAN'T USE MY PORCH. I CAN'T WORK OUT IN MY BUTTERFLY GARDEN. I USED TO HAVE BIRDS. I DON'T HAVE BIRDS ANYMORE. CONSTANT NOISE. SO I WOULD LIKE TO THINK THAT THE ORDINANCE T THAT WAS IN PLAE WHEN I INVESTED A SIGNIFICANT AMOUNT OF MONEY IN DOWNTOWN FORT PIERCE TO PROTECT ME, I DID MY DUE DILIGENCE. I KNEW THERE WAS A TRAIN. I KNEW ABOUT EVERYTHING DOWNTOWN. I ALSO KNEW THAT THERE WAS AN ORDINANCE THAT SAID ONLY UNTIL 9:00 AND ACOUSTIC ONLY. I COULD LIVE WITH THAT. I MADE A DECISION TO INVEST AND BUILD OUT. AND I FEEL LIKE I KIND OF MAKE A CONTRACT WITH THE CITY. YOU KNOW? I'LL BUY A HOUSE, A FALLEN-DOWN HOUSE IN A REALLY BAD NEIGHBORHOOD, AND BRING IT BACK INTO SOMETHING REALLY SPECIAL. TO LIVE HERE. AS MY HOME. IF YOU PROTECT ME FROM... IN PROPER USES. AND NOW FIVE YEARS LATER, THIS GENTLEMAN HAS DECIDE, WELL, I CAN MAKE A BUNCH OF MONEY. THIS ISN'T FAIR. WELL, LIFE ISN'T FAIR. YOU BOUGHT THE PROPERTY KNOWING THAT THERE WAS AN ORDINANCE IN PLACE. YOU HAVE CHOSEN TO IGNORE THE ORDINANCE ON A NUMBER OF LEVELS. I WON'T BORE YOU WITH ALL OF THAT. IF YOU WANT TO STAY, FOLLOW THE RULES. AND IF YOU WANT TO HAVE THE KIND OF LOUD MUSIC BUSINESS THAT YOU HAVE NEXT-DOOR, FIND ANOTHER LOCATION. AND HAVE THAT SUCCESSFUL BUSINESS SOMEWHERE ELSE. THERE IS 34 PARCELS IN EDGARTOWN. 29 OF THEM HAVE STRUCTURES ON THEM. AS OF LAST YEAR, 70% OF THE STRUCTURES WERE IN EXCESS OF 100 YEARS OLD. IN FIVE YEARS, 80% OF THE STRUCTURES WILL BE IN EXCESS OF 100 YEARS OLD. THERE IS A PARKING LOT. THERE IS PIERCE CIDER. THERE IS THE MARINE ELECTRONICS AND MAIN STREET. THERE IS ONE INCOMPATIBILITY BUSINESS. YOU COULD BRING IN AS MANY INCOMPATIBLE BUSINESSES AS YOU WANT TO. INCOMPATIBLE BUSINESSES DESTROY OUR ABILITY TO ENJOY OUR HOMES. I CAN'T SIT OUT ON THE DECK AND [02:35:04] HAVE COFFEE AFTER DINNER IF I WANT TO. BECAUSE THERE IS A RADIO PLAYING. 12 HOURS A DAY. 7 DAYS A WEEK. AT 60-PLUS DECIBELS. IS THAT THE KIND OF NEIGHBOR THAT YOU WOULD WANT TO HAVE AT YOUR NEIGHBORHOOD? I CAN'T BELIEVE THAT THOSE PEOPLE WOULD ALLOW THAT TO HAPPEN NEXT TO THEIR PRIVATE HOMES. SO I HAVE JUST... I THINK 60 DECIBELS. ENFORCEMENT. HOW DO WE ENFORCE IT? GO WITH 60 DECIBELS. GO WITH THE 800, YOU KNOW, SQUARE FEET OUTDOOR SPACE. GO WITH THE ORDINANCE. HOW DO WE ENFORCE IT? IT HAS FALLEN ON THE NEIGHBORS TO CALL THE POLICE. AND GET A SUPERVISOR AND TRY AND ARGUE. COULD WE PUT SOME TEETH INTO THE ORDINANCE? AUTOMATICALLY... CROCK DILLO'S. THIRD STRIKE, HE WENT TO JAIL. THE MAN WENT TO JAIL. I DON'T KNOW. I'M JUST ASKING FOR HELP TO ENJOY... I MEAN, I LIVE IN THE BEST CITY IN FLORIDA. I HAVE THE COOLEST HOUSE IN FLORIDA. AND THE ONLY THING WRONG WITH IT IS THERE IS THIS LOUD BAR NEXT TO ME. THAT VIOLATES ALL THE ORDINANCES TO BE THAT WAY. AND WE HAVE ORDINANCES THAT PROTECT US. LET'S ENFORCE THEM. >> YOU MENTIONED CROCK DILL YO'S. >> IT WAS ON THE OTHER SIDE OF SEAWAY DRIVE. >> BUT THE DISCUSSION ABOUT THE THIRD STRIKE... >> THREE STRIKES AND YOU ARE OUT. THAT GUY USED TO HAVE REALLY LOUD MUSIC. >> WHERE IS THAT? >> THAT WAS... WEAPON HAD NEIGHBORS WHO MOVED FROM OUR NEIGHBORHOOD BECAUSE OF THE BASE. THE BASS. >> I'M TRYING TO GET AN UNDERSTANDING OF WHERE THIS THREE STRIKES AND YOU ARE OUT CAME TO PLAY IN THE ORDINANCE. >> IS IT IN THE NOISE ORDINANCE? ARE THERE ANY PENALTIES? >> I DON'T KNOW THAT I HAVE EVER SEEN ANYTHING IN ORDINANCE THAT IF YOU ARE A BAD BOY THREE TIMES IN A ROW YOU ARE GOING TO GO TO JAIL. >> THIS GUY ACTUALLY WENT TO JAIL. >> I DON'T KNOW THAT WE COULD EVER DREAM OF PUTTING THOSE KINDS OF TEETH INTO THE ORDINANCE. I MEAN, BUT... >> HOW DO WE MAKE PEOPLE FOLLOW THE ORDINANCES? WE CAN'T COUNT ON PEOPLE TO BE UPRIGHT, UPSTANDING CITIZENS. >> YOU ARE WELL AWARE THAT EVEN ON THE STRUGGLE PRESERVATION BOARD, THERE IS ORDINANCES INVOLVED. PEOPLE QUESTION THAT ALL THE TIME. HOW DO WE MAKE PEOPLE FOLLOW THE ORDINANCE? HOW DO WE CALL THE POLICE? . >> YEAH, YOU DO. THAT IS KIND OF HOW MUNICIPALITIES OPERAT. >> ALL RIGHT. >> YOU KNOW, I'M NOT... >> NO. I KNOW. I'M COOL WITH CALLING THE POLICE. I HAVE BEEN DOING IT FOR YEARS. I SHOULDN'T HAVE TO. >> I UNDERSTAND EXACTLY WHERE YOU ARE COMING FROM. IN MY LIFETIME, WITH ALL THE PROPERTIES I HAVE OWNED, COMMERCIAL AND RESIDENTIAL, I HAVE HAD SOME SITUATIONS WITH SOME BAD NEIGHBORS. AND THERE HAVE BEEN A COUPLE OF TIMES WHEN I WAS MUCH YOUNGER THAT I HAD TO TAKE IT INTO MY OWN HANDS AND SOLVE THE PROBLEM. I'M NOT SUGGING THAT. NO THAT IS NOT WHO I AM. >> THE THING THAT I LIKE TO DO HERE TODAY IS TO KEEP THIS AMENDMENT MOVING FORWARD. I THINK WE HAVE DISCUSSED A COUPLE OF WAYS THAT WE COULD. >> I THINK EVERYTHING... >> I LIKE YOUR COMMENTS ON THAT. FROM THE HOME OWNERS' STANDPOINT. >> I THINK 55 OR 60 DECIBELS IS REASONABLE. I WILL TELL YOU, THOUGH, I HAVE 24 DOUBLE-IMPACT WINDOWS. THREE DOUBLE-IMPACT DOORS AND BLOWN-IN INSULATION THROUGHOUT MY ENTIRE HOUSE. I HEAR THE RADIO NEXT-DOOR INSIDE MY HOUSE. >> WELL, I THINK TODAY, THIS MORNING'S MEETING AND YOU SHOULD GO BACK AND WATCH THE TAPE IF YOU WANT TO. >> I WOULD. I'M VERY UPSET THAT NO ONE IN MY COMMUNITY WAS ADVISED OF THE MEETING, INVITED TO THE MEETING, TOLD IT WAS GOING TO HAPPEN. >> I CAN'T COMMENT TO ANY OF THAT. . >> NO. >> I MEAN, YOU KNOW, THE NORMAL MODE OF OPERATION TO HOW WE ADVERTISE WHAT'S ON THE... I FOUND OUT WHAT WAS ON THE AGENDA. I WENT TO THE WEBSITE AND LOOKED. >> I GET THE EMAILS. >> ALL OF A SUDDEN, I'M GOING, WHAT THE HELL ARE WE DOING HERE? I HAVE THE AMENDMENT ON MY AGENDA, AND THE CITY COMMISSION IS GOING TO BE TALKING ABOUT THE SAME THING. I MEAN, YOU KNOW... BUT NO. >> I'M GLAD THEY DID. I THINK IT WOULD HAVE BEEN HELPFUL IF, YOU KNOW, PEOPLE FROM OUR NEIGHBORHOOD COULD HAVE HEARD IT AS WELL. WE WILL GO ON TV AND WATCH IT. >> I AGREE. I'M SURE YOUR WHOLE COMMUNITY IS GOING TO WIND UP STREAMING IT. >> WE SHOULD HAVE A PARTY. >> THAT IS THE RIGHT TERM. IS THAT THE RIGHT TERM? STREAMING? >> BOY, I'M GETTING BETTER AT THIS TECHNOLOGY STUFF. >> MY WORD. I SURPRISE MYSELF SOMETIMES. [02:40:01] BUT THE MEETING TODAY BROUGHT OUT SOMETHING THAT WAS VERY INTERESTING. I MEAN, I'M TRYING TO... BACK IN A PAST LIFE, SOME THEATERS DAYS THAT I FOOLED AROUND WITH HEAT THER A LITTLE BIT, WE LEARNED THAT YOU COULD DIRECT SOUND. AND THERE IS WAYS THAT PERHAPS SOME OF THAT SOUND COULD BE DIRECTED AWAY FROM YOU. >> AS OPPOSED TO TOWARD ME? >> I DON'T KNOW HOW TO MAKE THAT HAPPEN. >> I DON'T EITHER. >> AND THAT IS ALL PART OF WHAT YOU ARE TRYING TO ACCOMPLISH. I UNDERSTAND THAT. >> WELL... >> I THINK WHAT WE ARE DISCUSSING HERE TODAY AND THE SUGGESTION THAT IS WE ARE MAKING ON OFFERING SOME ADDITIONAL ITEMS THAT THE COMMISSION SHOULD CONSIDER IN THIS AMENDMENT... >> I THINK THOSE ARE GREAT. I DO. >> ... I THINK WE ARE GOING IN THE RIGHT DIRECTION. I THINK UTILIZING THE CITYWIDE NOISE ORDINANCE IS A GOOD WAY TO DO IT. THAT IS MASSAGED. >> I WOULD POLITELY SUGGEST THAT WE DO SOME POLICE TRAINING ON THAT. THAT THERE IS AN AREA THAT HAS A DIFFERENT ORDINANCE. ON OCCASION, MY NEIGHBORHOOD HAS CALLED THE POLICE AND SAID NO, THEY CAN GO UNTIL 11:00. NO, MA'AM. THEY CAN'T. WE ARE IN THE EDGARTOWN SETTLEMENT DISTRICT. THERE IS A SEPARATE ORDINANCE. IT IS UNTIL 9:00. NO. IT IS UNTIL 11K. COULD I SPEAK WITH THE VEUP EYESOR, PLEASE? >> YOU ARE RIGHT. THAT IS AN ISSUE. >> IT IS DIFFERENT. I REALIZE THAT IS INCONVENIENT FOR THE POLICE. IF WE DID SOME TRAINING POSSIBLY, WE COULD, YOU KNOW... >> THEN COMMISSIONER GAINES WAS TRYING TO ALLUDE TO THAT A LITTLE BIT THIS MORNING IN THE MEETING WHEN HE WAS TALKING ABOUT, YOU KNOW, HAVING DIFFERENT RULES FOR DIFFERENT PARTS OF THE CITY. YOU KNOW, I LOOKED AT IT FROM THE ZONING STANDPOINT. I THINK THAT THAT IS A GOOD POINT. YOU MENTIONED THAT TO ME BEFORE. THE DIFFICULTY IN TRYING TO GET A RESPONSE BECAUSE OF THE MISUNDERSTANDING ABOUT THE FACT THAT EDGARTOWN HAS GOT ITS OWN 9:00 P.M. ORDINANCE. INVOLVED. AND WE ARE TALKING ABOUT KEEPING IT THAT WAY. I DON'T KNOW THE ANSWER TO THAT. >> WELL, POSSIBLY THE 60 DECIBELS WILL HELP. BECAUSE IF MY NEIGHBORS CAN'T PLAY THEIR RADIO AT 60 DECIBELS, I DON'T SEE HOW THEY COULD POSSIBLY HAVE THEIR BANDS AT 60 DECIBELS. THEY HAVE MADE STATEMENTS IN THE PAST THAT THEY CAN'T CONTROL HOW LOUD A BAND PLAYS ON THEIR PROPERTY BECAUSE YOU CAN'T TOUCH THE BAND'S EQUIPMENT. IT IS NOT DONE. I DON'T UNDERSTAND... I'M NOT A MUSICIAN. I DON'T UNDERSTAND THE ETIQUETTE THERE. THEY CAN'T CONTROL THE VOLUME THAT PEOPLE WHO THEY HIRE... >> THE PROPERTY GETS DEFINED. THE BAND DOESN'T. >> WELL, THE DRUMMER LEADS IT. HE GETS REAL LOUD AND THEN EVERYBODY ELSE GETS LOUD. >> THEY NEED TO FIGURE OUT HOW TO CONTROL THE NOISE. >> HE HAS NEVER BEEN FINED. IT IS NOT ENFORCED. >> WELL,... >> BUT THANK YOU FOR YOUR EFFORTS. AND FOR CARING AND FOR TRYING TO MAKE FORT PIERCE A GREAT PLACE TO LI FOR EVERYBODY. AND YOU KNOW, WE WILL FIGURE IT OUT. ILL KNOW WE WILL. WE HAVE TO. I DON'T WANT TO MOVE. I DON'T WANT TO MOVE. >> I DON'T WANT YOU TO MOVE. >> I DON'T WANT TO MOVE. >> YOU WORK TOO HARD IN THE CITY. >> I DON'T WANT TO. I WANT TO FIX THINGS. IF WE COULD, YOU KNOW, START ENFORCING THE 800 SQUARE FEET OF OUTDOOR SPACE. THAT WOULD HELP, TOO. >> THEY HAVE 20,000-SQUARE-FOOT PARCEL AS MY PARCEL IS. THEY UTILIZE ALL OF IT. MORE THAN HALF OF IT FOR OUTSIDE. >> LIKE I POINTED OUT, 20 BY 40 IS NOT A VERY BIG SPACE. TWO FEET BY 800 FEET. NOT A BIG SPACE. >> THAT IS PERFECT FOR SOMEONE. ACOUSTIC WITH A GUITAR. BUT THANK YOU FOR YOUR ATTENTION. >> THANK YOU. >> ONE SECOND. CAN I SAY SOMETHING? >> CERTAINLY. FIRST OF ALL, I WANTED TO SAY THAT I APPRECIATE WHAT YOU DID WITH THE BUILDING. I HAVE BEEN THROUGH THAT BEFORE. IN 1905 ON DELAWARE. I APPRECIATE EVERYBODY YOU DID WITH. THAT I FEEL YOUR PAIN. I SEE IT ON YOUR FACE. WHEN SHE SPOKE, TOO. BECAUSE THE MUSIC IS BOTHERING YOU, AND IT'S AGGRAVATING. WHEN YOU CAME UP, YOU SAID SOMETHING ABOUT WHEN YOU FIRST MOVED HERE, IT WAS 9:00 AND IT WAS 60-SOMETHING DECIBEL RULE. IS THAT... >> NO. WHEN I MOVED HERE IN 2012, THIS ORDINANCE, THE ORDINANCE THAT IS IN PLACE NOW WAS DEVELOPED BY... WITH THE NEIGHBORHOOD, WITH DIFFERENT DEPARTMENTS WITHIN THE CITY OVER ABOUT A TEN-YEAR PERIOD. TO CREATE... EDGARTOWN USED TO BE HIGH-RISE. ZONED HIGH-RISE. AND THE CITY LOOKED AT IT AND SAID, WELL, THAT MAKES NO SENSE. WE DON'T WANT TO LOSE THIS HISTORIC NEIGHBORHOOD. IF I COULD MAKE MORE MONEY PUTTING IN A HIGH-RISE AND TEARING MY HOUSE DOWN, YOU DON'T WANT ME TO HAVE THAT OPTION. [02:45:02] THE CITY WANTS TO PROTECT THESE HOMES. SO WE TRADED THOSE POTENTIAL BUILD-OUT RIGHTS FOR THE PROTECTION OF OUR RESIDENTIAL NEIGHBORHOOD. >> I UNDERSTAND. >> IN 2012. BY ORDINANCE. >> SO WHAT WAS IT WHEN YOU MOVED IN? WAS IT 9:00 THEN? >> NOT IN MARCH WHEN ENMOVED. IN IN SEPTEMBER IT BECAME 9:00. SAILFISH HAD NOT MOVED IN YET WHEN I MOVED. IN I DON'T BELIEVE. >> IF WE GO BACK TO AGREEING AND PUSHING THIS FORWARD AT 9:00, AND 60DB'S, THE NEIGHBORS ARE OKAY WITH THAT. >> YES. THE NEIGHBORS WILL SUPPORT THAT. >> SO THAT PRETTY MUCH CLEARS UP WHAT WE NEED TO DO. >> RIGHT? >> WE ARE SAYING LET'S DO THIS. THE NEIGHBORS ARE HAPPY WITH IT. >> I'M ONE PERSON. OKAY? >> YOU ARE HERE. >> I'M NOT AUTHORIZED TO SPEAK FOR MY NEIGHBORHOOD. >> NO. YOU SPEAK UP... YES. IT IS VERY IMPORTANT WHAT YOU SAY. IF WE ARE SAYING SOMETHING THAT IS PLEASING TO THE NEIGHBORS, I DON'T SEE WHY WE HAVE AN ISSUE AT ALL. BUT TO MOVE FORWARD WITH IT. >> I THINK THERE IS ANOTHER LADY HERE THAT IS GOING TO SPEAK FOR THE OTHER LADIES. >> YES. MS. WILLIAMS. THANK YOU VERY MUCH. >> GOOD MORNING. MY NAME IS LANEY FRANCISCO FOR CLARITY OF THE RECORD. IN NOVEMBER, I APPEARED AS LANEY WILLIAMS. I'M WITH THE FIRM... >> YOU CHANGED YOUR NAME. >> YES, SIR. >> A BIG EVENT HAPPENED. >> YES, IT DID. >> WELL, CONGRATULATIONS. >> THANK YOU. I'M FROM THE FIRM JONES FOSTER. WE ARE AT 505 SOUTH FLAGLER IN WEST PALM. I REPRESENT RESIDENTS LIVING WITHIN EDGARTOWN. I'M REALLY GLAD WE HAVE HAD A DISCUSSION FACILITATED BY DR. FREEMAN AS WELL AS THE RESIDENTS. ON WHAT EDGARTOWN IS. IN IT IS ENTITLED TO SPECIAL PROTECTIONS. THAT IS WHAT THE OVERLAY DOES. YAS YOU HAVE HEARD TODAY AND OUR CLIENTS AS WELL BOUGHT PROPERTY IN THAT AREA IN RELIANCE ON THE ORDINANCE AS IT CURRENTLY STANDS. THE RESIDENTS HAVE BEEN ATENTING TO WORK WITH THE CITY, AND THE CHANGE TO CONDITIONAL USE HAS BEEN GREATLY APPRECIATED. WE HAVE HAD A PRODUCTIVE MEETING WITH DIRECTOR FREEMAN. WE ARE STILL CONCERNED ABOUT THE NOISE LEVEL BECAUSE WE FEEL THAT IT IS CONTRARY TO OBJECTIVE 1.9, 6.5, 12.11 OF THE COMPREHENSIVE PLAN AS WELL AS POLICY 1.15.7 AND 12.1.1.2. THE COMPREHENSIVE PLAN, I'M SURE, AS YOU KNOW, SERVES AS THE LAND USE CONSTITUTION. THE RESIDENTS HAVE PROPERTY RIGHTS THAT STEM FROM THAT CONSTITUTION. AND THE CURRENT DRAFT VIOLATES THOSE RIGHTS. AND SO OUR CLIENTS ARE RAISING THAT CONCERN. YOU KNOW, THEY BOUGHT SOMETHING IN RELIANCE ON THIS ORDINANCE AND RELIANCE ON THE COMP PLAN. AND NOW THE ORDINANCE IS BEING CHANGED IN A WAY THAT IS NOT NECESSARILY REFLECTED BY THE OVERARCHING COMP PLAN AS IT CURRENTLY STANDS. THE RESIDENTS HAVE NOT YET BEEN ABLE TO GET A MEETING WITH THEIR COMMISSIONER. THEY WOULD LIKE TO DO THAT. THEY HAVE NOT BEEN ABLE TO HAVE A MEETING WITH THE CITY ATTORNEY'S OFFICE YET. THEY WOULD LIKE TO DO THAT AS WELL. WE ARE WORKING REALLY HARD TO TRY TO GET THAT MEETING. NOR REASON, YOU KNOW, WE ASK THAT YOU TAKE A LOOK AT THE NOISE LEVEL. IT SOUNDS LIKE THAT IS WHAT'S HAPPENING. RECOMMEND ADDING SOME TEETH TO THE AMENDMENTITTE. WE WOULD PREFER TO SEE 55DBA HAS IT HAS BEEN MENTIONED AT 60DBA. YOU CAN HEAR IT IN THE HOMES. IN OUR CLIENT'S HOME AND OTHER RESIDENTS IN THE NEIGHBORHOOD. THAT IS 12 HOURS A DAY. IT IS NOT MUSIC THAT YOU CHOSE. IT CAN BE A LITTLE RATTLING. THESE PEOPLE HAVE CHOSEN TO MAKE AN INVESTMENT INTO THE COMMUNITY AND HAVE REALLY BROUGHT THE NEIGHBORHOOD TO WHERE IT IS A WALKING AREA FROM ENTERTAINMENT DISTRICT TO ENTERTAINMENT DISTRICT. AND THERE ARE PLENTY OF PLACES TO OPEN, YOU KNOW, A LARGER OUTDOOR ENTERTAINMENT AREA IF YOU WOULD LIKE TO. BUT ED GUARDTOWN IS ONE OF THE OLDEST NEIGHBORHOODS IN FORT PIERCE. IT IS VERY SPECIAL TO MANY RESIDENTS IN FORT PIERCE. AND FOR THAT REASON, I WOULD ASK YOU TO TREAT THIS WITH A LITTLE BIT MORE CARE AND SENSITIVITY TO RESIDENTS. BUT AS WELL AS THE LISTRY THE OF FORT PIERCE. AND GIVEN THAT THE CHANGES ARE CONTRARY TO THE OBJECTIVE OF POLICIES AND THE COMPREHENSIVE PLAN AND THAT RESIDENTS ARE STILL TRYING TO ENGAGE IN THIS PROCESS WITH THEIR ELECTED OFFICIALS, I WOULD ASK THAT YOU DENY IT OR SEND IT FORTH WITH THE RECOMMENDATION THAT IS WE ARE DISCUSSING TODAY WITH THE FOLLOW-THROUGH THAT THIS IS GOING TO BE VERY SERIOUSLY LOOKED AT AND THE NOISE LEVEL WILL CONTINUE TO BE DISCUSSED BY THE CITY COMMISSION. AND IF YOU HAVE ANY QUESTIONS FOR ME, I'M HAPPY TO TAKE QUESTIONS. [02:50:01] >> YOU HAVE HEARD WHAT WE HAVE BEEN DISCUSSING HERE TODAY. THE POTENTIAL OF THREE RECOMMENDATIONS TO INCLUDE WITH A MOTION ON THE EXISTING RECOMMENDED AMENDMENT. >> YES, SIR. >> ARE YOU STILL OBJECTING? >> WE ARE OBJECTING TO THE 60DBA. WE WOULD PREFER 55. >> OUR INTENTION AT THE MOMENT IS TO SEPARATE THE DBA DISCUSSION FROM THIS AMENDMENT ENTIRELY AND RECOMMEND THAT THE DBA DISCUSSION BE HANDLED THROUGH THE NOISE ORDINANCE OF THE CITY OF FORT PIERCE. >> AND WE ARE OBJECTING TO THE OVERLAY BEING CHANGED TO SUPPORTING... TO GOING WITH THE OVERARCHING CITY NOISE ORDINANCE. WE THINK THAT BECAUSE THIS IS EDGARTOWN, THE 55DBA RECEIVING HIS OR THE PROPERTIES IS MORE REASONABLE. >> NOW, I DON'T KNOW IF YOU PAID ATTENTION TO THIS MORNING'S MEETING AGENDA. >> LAST TIME I CHECKED THE WEBSITE, FLOFS AGENDA POSTED FOR THAT. I WAS NOT ABLE TO OBSERVE THE MEETING. I WILL BE WATCHING IT THIS EVENING. . >> I RECOMMEND THAT YOU WATCH IT. THIS WHOLE DISCUSSION ABOUT... AND I AM AN ENGINEER. I HAVE BEEN IN BUSINESS FOR MANY, MANY YEARS. I DESIGN, BUILT, INSTALLED HEAVY-DUTY INDUSTRIAL EQUIPMENT. AND WE CONTINUOUSLY WORKED WITH DISCUSSIONS OF DBA THROUGH OSHA AND MUNICIPALITIES AND SO ON AND SO FORTH. AND TODAY, I'M ALMOST EMBARRASSED TO SAY, BUT TODAY WAS THE FIRST TIME I EVER HEARD IN DETAIL A DISCUSSION CONCERNING DBC. AS BEING A BETTER SOURCE OF READING SOUND. THAT IS WHAT I GOT OUT OF THAT DISCUSSION. SO THIS WHOLE IDEA OF DBAS AND THEN... I DON'T KNOW IF THE COMMISSION IS GOING, WELL, MAYBE WE NEED TO INCLUDE THE DISCUSSION OF DBA VERSUS DBC. AND HAVE A CITYWIDE ORDINANCE DEMONSTRATING SOUND ORDINANCE. AND THE DIFFERENCE... I KNOW I'M GOING TO GET BEAT UP LATER, AND PROBABLY GET A TELEPHONE CALL. I'M GOING TO DO THIS ANYWAY. THE DIFFERENCE BETWEEN THAT FIVE DBA IS MINUTE. NOW, I CAN SAY THAT SITTING HERE BECAUSE I'M NOT LISTENING TO IT 12 HOURS A DAY IN MY BACKYARD FROM NEXT-DOOR. I DON'T KNOW IF THAT DIFFERENCE OF FIVE DBA, DBC WOULD HAVE THAT GREAT OF AN IMPACT. I'M LOOKING DOWN HERE AT THE END TO OUR RESIDENT SOUND ENGINEER. WOULD HAVE THAT GREAT OF AN IMPACT OUTSIDE. I'M TRYING TO... AND I SAW THE NOTES IN HERE. ALL YOUR NOTES ARE IN HERE. AND WHAT YOU ARE REQUESTING AND SOME OF THE COMMENTS I SAW THE 55DBA. I'M... AFTER THIS MORNING, I'M STARTING TO THINK WHAT IS THAT GOING TO ACHIEVE IF WE START TO TRY TO... I'M TRYING TO QUIET THIS WHOLE THING. THAT IS A BAD WORD. (LAUGHTER). >> I'M TRYING TO QUIET THIS WHOLE THING DOWN A LITTLE BIT AND SOFTEN IT AND ALMOST MEDIATE PART OF THIS DISCUSSION TO A POINT THAT... AND MY OPENING COMMENT WAS I WOULD LIKE TO MOVE THE SOUND OUT OF THIS DISCUSSION SO WE DON'T GET HUNG UP ON IT. AND HERE WE WOUND UP GETTING HUNG UP ON IT. I GUESS THERE IS NO WAY TO DO THIS OTHERWISE. WHAT IS THAT CHANGE FROM 60 TO 55DBA OUTSIDE GOING TO DO? >> SO OUR REASONING FOR REQUESTING 55DBA IS THAT IS TYPICAL FOR RECEIVING RESIDENTIAL PROPERTIES IN MOST OF THE MUNICIPALITY THAT IS WE REPRESENT. MY BOSS THOMAS BAIRD, A CERTIFIED CITY LOCAL GOVERNMENT ATTORNEY, THAT IS THE STANDARD OUR SOUND EXPERT SAYS THAT IS THE STANDARD ALSO. THAT IS WHAT WE ARE GOING WITH. WE ARE NOT TRYING TO BE UNREASONABLE. WE BELIEVE THAT OUR CLIENT'S HOME IS ENTITLED TO, YOU KNOW, A [02:55:01] LITTLE, A LITTLE MORE LEEWAY WHEN IT COMES TO THE NOISE LEVEL IN THE NEIGHBORHOOD THAT THEY SELECTED, THAT WHEN THEY SELECTED THE NEIGHBORHOOD, IT DIDN'T HAVE THESE ISSUES. IN THAT WAY, YOU KNOW, WE ARE, WE ARE ALSO TRYING TO EYE IT IT DOWN A LITTLE BIT. >> OKAY. >> ALL RIGHT. THANK YOU VERY MUCH FOR YOUR TIME. >> THANK YOU. THANK YOU. WHAT IS YOUR... FROM WHAT I HEARD THIS MORNING, WHAT I EXPERIENCED THIS MORNING, DB KRS IS BY FAR THE BEST WAY, THE METHODOLOGY FOR OUTDOOR NOISE FROM ENTERTAINMENT, WHICH INCLUDES VERY LOW BASS LINE BEATS. IT IS MORE, FAR MORE RESTRICTIVE ON THE FREQUENCIES THAT CAN GET OUT. >> AM I RIGHT IN... >> AND THE DIFFERENTIAL BETWEEN 60 AND 55... SO 60DBC IS PROBABLY WHAT WE SAW THIS MORNING, VERY CLOSE TO 55DBA IN CERTAIN RESPECTS. SO I'M NOT A SOUND ENGINEER. I'M GOING ON WHAT I EXPERIENCED THIS MORNING. THE DIFFERENTIAL BETWEEN 55 AND 60... >> CAN WE BRING UP ANY OF THOSE CHARTS? >> I DON'T HAVE ACCESS TO THEM HERE, UNFORTUNATELY. IT'S NOT A LINEAR... AS WE HEARD THIS MORNING, IT IS NOT A LINEAR PROGRESSION OF, YOU KNOW, 55... IT IS NOT LIKE TURNING THE HEAT DOWN ON YOUR COOKER OR YOUR OVEN FROM, YOU KNOW, 300 TO 250. YOU KNOW WHAT THAT IS GOING TO BE. TURNING IT DOWN FROM 60 TO 55 IS NOT A LINEAR MOTION. >> IT IS THE WAVELENGTHS COMING INTO PLAY. WE LEARNED SO MUCH THIS MORNING. >> YES. IT IS A VERY COMPLEX ISSUE. WHAT I COULD... YOU KNOW, WHAT I SHOULD SAY REALLY IS THAT THE 60DB HAS BEEN CONSISTENT THROUGHOUT THE CITY. THE DBA. AND ALSO THE DBC IS MONITORED IN THE CITY. I DON'T KNOW WHEN THE ENFORCEMENT OFFICERS GO OUT. WHETHER OR NOT THEY ARE SETTING THEIR MACHINE TO DBA OR DBC. THAT WOULD MAKE A LARGE DIFFERENCE IN THE PERCEIVED VOLUME WHEN IT IS MEASURED. THAT IS WHAT I TOOK AWAY FROM THIS MORNING. THAT IF THE CITY WAS CONSISTENT IN MEASURING THINGS IN DBC, WHICH IS WEIGHTED AGAINST CERTAIN FREQUENCIES, TO BE MORE CONSERVATIVE, THEN THAT WOULD BE FAR MORE APPROPRIATE AND FAR CLOSER TO THE 55DBA THAT WE ARE BEING ASKED TO RECOMMEND. I MEAN, I WOULD LEAVE THIS DISCUSSION TO THE COMMISSION. THEY ALL EXPERIENCED THIS PRESENTATION. AND YES, THERE IS A FAR LARGER DISCUSSION TO BE HAD OVER THE CITY'S CITYWIDE NOISE ORDINANCE. AND I THINK IF... MY CONCERN WITH EDGARTOWN IS THE ENFORCEMENT. I THINK WE HAVE ENOUGH IN PLACE AT THE MOMENT, AND ALSO WITH WHAT WE ARE PROPOSING, REINFORCES THAT. IF THAT IS ENFORCED, THAT WOULD MAKE A LARGE DIFFERENCE TO WHAT THE CITIZENS ARE EXPERIENCING OUT THERE. THE 9:00 P.M. CUTOFF, AGAIN, LARGE, IF THAT WAS ENFORCED... YOU KNOW, WITHOUT QUESTION, AT THAT MOMENT, I THINK THAT WOULD MAKE A HUGE DIFFERENCE. >> PERHAPS IN OUR RECOMMENDATION WE SHOULD RECOMMEND THAT IF THE GENERAL CONSENSUS IS TO REFER TO THE NOISE ORDINANCE OF THE CITY FOR THE NOISE LEVEL, PERHAPS WE SHOULD ALSO MAKE A RECOMMENDATION THAT THE NOISE ORDINANCE OF THE CITY SHOULD BE AMENDED TO NOTE SECTION 11, ITEM I WHICH IS TO TABLE, SHOWING THAT 9:00 P.M. IS THE CUTOFF TIME IN EDGARTOWN. SO THAT WHEN THE CITY POLICE IS GOING THE MAKE A CALL TO EDGARTOWN. IF THEY LOOK AT THE NOISE ORDINANCE, IT SHOULD BE CLEARLY NOTED THERE THAT 9:00 IN EDGARTOWN IS THE NOISE [03:00:03] ORDINANCE. FOR EDGARTOWN. I MEAN, IF WE ARE GOING TO, IF WE ARE GOING TO SUGGEST REFERRING TO THIS ORDINANCE FROM THIS ORDINANCE ON THE LEVEL OF NOISE, THIS ORDINANCE SHOULD BE REFERRED TO THIS ORDINANCE ON THE TIME. IT SHOULD BE A TWO-WAY STREET. IN TERMS OF THE QUESTION OF 60 VERSUS 55, THAT IS REALLY IN THE COMMISSION'S HANDS, AND I THINK THAT THE CONTINUED ACTIVITY IN ATTEMPTING TO PULL MEETINGS TOGETHER WITH THE COMMISSIONERS, AND YOU HAVE TO MEET WITH EACH COMMISSIONER INDEPENDENTLY BECAUSE OF SUNSHINE LAWS, I'M VERY SUCCESSFUL IN DOING THAT. I CALL THE CITY CLERK. SET UP A MEETING AND A TIME. AND I GO TO THEIR OFFICE AND THEY ARE SITTING THERE WAITING ON ME. AND TWO MINUTES LATER, THEY WANT TO THROW ME OUT. BUT THEY DON'T. SO I MEAN, GETTING A MEETING WITH A CITY COMMISSIONER IS NOT THAT DIFFICULT IN FORT PIERCE. I HAVE NOT EXPERIENCED IT. OF COURSE, I HAVE NOT BEEN HANDLING AND WORKING ON THE EDGARTOWN ISSUE. SO MAYBE IT IS DIFFERENT. BUT MOST OF THEM, THEIR DOORS ARE OPEN, AND THEY ARE VERY OPEN AND RESPONSIVE TO ALL COMMUNICATION. I THINK WE BEAT THIS UP. I'M NOT SURE THAT WE... THAT WE ARE IN A DIFFERENT POSITION RIGHT NOW THAN WE WERE WHEN WE STARTED DICUSSING IT. I THINK THAT WE NEED TO RESPECT AND NOT TRY TO UPSET THE APPLE CART IN TERMS OF EDGARTOWN AND THE FACT THAT THERE ARE... THEY ARE A SEPARATE... LOOKED AT AND VIEWED SEPARATELY FROM THE REST OF THE CITY. THAT IS PRETTY MUCH CAST IN STONE. BUT I THINK THAT I WOULD VOTE YES FOR A MOTION TO APPROVE WITH NOW FOUR CONDITIONS. AND THE FOURTH CONDITION WOULD BE TO RECOMMEND AN AMENDMENT TO THE CITYWIDE NOISE ORDINANCE TO REFER TO EDGARTOWN'S 9:00 P.M. CUTOFF ON OUTSIDE ENTERTAINMENT. SO WE NOW HAVE, THEN, THE CONDITIONAL USE FOR ANY VENUE THAT HAS OUTSIDE ENTERTAINMENT, CONDITIONAL USE FOR ANY VENUE THAT IS GOING TO OFF AND SELL ALCOHOLIC BEVERAGES. THERE WAS ANOTHER ONE THAT YOU HAD TALKED ABOUT. REFER TO THE CITYWIDE NOISE ORDINANCE FOR THE NOISE LEVELS. >> YES. AND AMEND THE CITYWIDE ORDINANCE TO REFER TO THE EDGARTOWN ORDINANCE IN TERMS OF CUTOFF TIME FOR NOISE. >> YES. >> MR. CHAIR, I WANT TO CLARIFY THAT LAST CONDITION. ARE YOU SUGGESTING THAT WE JUST MOVE THE LOCATION IN THE CODE FOR... YOU ARE NOT TALKING ABOUT IMPOSING A 9:00 P.M. CUTOFF FOR OUTDOOR ENTERTAINMENT. >> NO. I'M SUGGESTING IS LEAVING THE 9:00 P.M. CUTOFF TIME IN THIS AMENDMENT. BUT IDENTIFYING IN THE NOISE... OVERALL CITY NOISE ORDINANCE THAT THIS EXISTS. >> SO IT IS EASIER TO LOCATE FOR LAW ENFORCEMENT. >> AT THE PRESENT TIME, THE ISSUE HAS BEEN WHEN A RESIDENT CALLS IN FOR A COMPLAINT, THEY TALK TO CITY POLICE. CITY POLICE LOOKS AT THE NOISE ORDINANCE. THEY SAY IT IS 11:00. THEIR ORDINANCE SAYS 9:00, AND THE CITY POLICE DOESN'T KNOW WHERE TO GO TO FIND IT. >> RIGHT. >> SO IF WE ARE GOING TO DIRECT ONE DISCUSSION ONE WAY, WITH WE OUGHT TO DIRECT THE OTHER DISCUSSION THE OTHER WAY. >> MAKES SENSE. >> SO THERE IS FOUR, FOUR CONDITIONS, I GUESS IS WHAT WE ARE SAYING. FOUR RECOMMENDATIONS. >> RECOMMENDATIONS. YES. >> TO GO ALONG WITH THE APP APPROVAL, IF WE CHOOSE TO APPROVE THIS. I THINK IT IS TIME FOR A MOTION ONE WAY OR THE OTHER. THE BOARD, IT IS AT THE BOARD'S PLEASURE TO MAKE THAT DECISION. >> I MOVE FOR A MOTION WITH THE FOUR CONDITIONS THAT WERE STATED. >> SECOND. >> WE HAVE A MOTION BY MR. ALBURY TO APPROVE WITH FOUR CONDITIONS AND SECONDED BY [03:05:02] MS. CLEMONS. CALL THE ROLL, PLEASE. >> MR. HENNING? >> YES. >> MS. CLEMONS? >> YES. >> MS. DANIEL? >> YES. >> MR. ALBURY? >> YES. MR. KREISL? >> YES. CHAIRMAN CREYAUFMILLER? >> YES, MA'AM. AND I THANK THE RESIDENTS FOR COMING AND SPEAKING TO US. IT HELPS CLEAR THINGS UP. >> ARE WE GOING TO FIX THE SOUND LEVEL YET. >> THAT IS UP TO THE CITY. THAT IS BEYOND MY PAY GRADE. (LAUGHTER) MR. FREEMAN WANTS TO TRY TO KEEP IT AT THE COMMISSIONER LEVEL AS WELL. THE NEXT ITEM IS COMMENTS FROM THE GENERAL PUBLIC. ARE THERE FURTHER COMMENTS FROM THE GENERAL PUBLIC? NOT SEEING ANY, NOT SEEING ANY,LY MOVE ON TO THE NEXT. [9. DIRECTOR'S REPORT] COMMENTS, REPORTS FROM THE DIRECTOR. >> THANK YOU, CHAIR. FIRST OF ALL, HAPPY NEW YEAR TO YOU ALL. IT IS GOING TO BE A VERY EXCITING YEAR. I'VE GOT A FEELING IN MY BONES HERE. THAT THE CITY IS GOING TO BE... YOU ARE GOING TO BE SEEING A LOT OF INTERESTING PROJECTS. THE CITY IS ON THE... I THINK ON THE EDGE OF FULFILLING A LOT OF THE THINGS I HAVE BEEN PUTTING IN PLACE BEFORE I ARRIVED. WE ARE WORKING TOWARDS THOSE INITIATIVES. WE HAVE WORK ON THE CITY PORT. WORK ON THE CENTRAL BUSINESS DISTRICT. WORK ON POTENTIALLY GETTING A BRIGHT LINE STATION. WE ARE DOING A LOT OF WORK ON THAT AT THE MOMENT. LOOKING AT TRAFFICS IF. I HAVE A VERY EXCITING PROPOSAL REGARDING HOUSING. THAT IS MILLING AROUND INTERNALLY WITH STAFF AT THE MOMENT. IT IS PART OF AN OVERFALL AIM... OVERALL AIM THAT I HAVE AND MY STAFF HAVE OF CREATING WHAT WE ARE GOING TO CALL A HOLISTIC SPECTRUM OF HOUSING WITHIN THE CITY THAT IS A PROVISION OF HOUSING THROUGHOUT THE WHOLE RANGE OF ACCOMMODATIONS, AND WHETHER IT IS AFFORDABLE, WORKFORCE, ATTAINABLE, MARKET RATE OR WHATEVER THAT IS, WE ARE GOING TO BE ADDRESSING THE WHOLE SPECTRUMOS OF HOUSING AND LOOKING AT PROGRAMS AND INITIATIVES TO ENGAGE PARTS OF THAT SPECTRUM. SO WE HAVE FIGURED OUT SOME, SOME POTENTIAL MOVEMENTS. WE ARE GOING TO BE WORKING WITH THE GRANT DEPARTMENT ON HAVING A COORDINATED EFFORT OF WHERE THOSE HOUSING GRANTS GET LOCATED. AND I HOPE YOU ARE GOING TO BE SEEING SOME PRESENTATIONS ON THAT AS WE MOVE FORWARD. JANUARY IS A VERY IMPORTANT DAY FOR THE CITY IN TERMS OF ITS PLANNING, STRATEGY. I WILL BE MEETING THE DEPARTMENT... THE DEPARTMENT HEADS WILL BE MEETING WITH THE CITY COMMISSION AND CONSULTANTS TO DISCUSS THE STRATEGY, THE PLANNING STRATEGY AND THE CITY STRATEGY FOR THE 2023 YEAR. (LAUGHTER). >> YEAH. AND SO YOU KNOW, YOU WILL BE HEARING THAT ONCE THAT IS SETTLED OUT AND AGREED, I WILL BE COMING BACK TO THE PLANNING BOARD AND PRESENTING THAT STRATEGY TO YOU. AND GIVING YOU THAT BACKGROUND. SO WHEN WE ARE GETTING APPLICATIONS COMING FORWARD, I HOPE TO BE MENTIONING WHICH PART OF THE STRATEGY OR STRATEGIES THEY WILL BE ADDRESSING. SO WE CAN MOVE ON AND KEEP ON A PLATFORM. I KNOW THAT I, TOGETHER WITH THE DIRECTORS, ARE GOING TO BE TASKED WITH FULFILLING THOSE POLICY AIMS THROUGHOUT THE YEAR. I WANT TO KEEP YOU APPRISED OF THOSE. I HAVE BEEN HERE SIX MONTHS ALMOST TO THE CLOCK. IT'S BEEN FANTASTIC. REALLY HAS. A GREAT STAFF. A GREAT BOARD. ENJOY EVERY MEETING THAT I COME TO. CITIZENS OUT THERE ARE VERY RESPONSIVE AND RESPECT STAFF AND BOARDS. IT IS GREAT TO SEE. AND SO I'M HOPING THAT THIS NEXT YEAR WILL BE AS GOOD OR IF NOT BETTER THAN WHAT WE HAVE JUST COME THROUGH. SO THANK YOU ALL. THANK YOU ALL FOR YOUR SERVICE AS WELL. [10. BOARD COMMENTS] >> THANK YOU, KEVIN. I HAVE A COUPLE OF COMMENTS. I WANT TO THANK THE BOARD MEMBERS THAT WERE HERE LAST YEAR ONCE AGAIN. FOR ALL THE DEDICATION AND HARD WORK THAT YOU HAVE PUT IN. ON A... AGAIN, I WANT TO CONGRATULATE THE TWO NEW MEM MEMBERS. [03:10:03] WE ARE LOOKING FOR A LOT OF HARD WORK AND SWEAT AND PAIN OUT OF YOU, TOO. AT, AT TIMES, WE GET INTO MEETINGS. AND IT WAS INTERESTING LAST MONTH, MS. CLEMONS SAT DOWN. WE CHATTED FOR A MOMENT. CHEF SAYS "ALL RIGHT. IT IS A LONG AGENDA TONIGHT, TODAY, BUT I DON'T THINK IT IS GOING TO BE A TOO BAD." IT WAS A FIVE-HOUR MEETING. TODAY HAS BEEN A THREE-HOUR MEETING. THREE HOUR AN TEN MINUTES. UP TO DATE. >> LAST MONTH I BROUGHT A SNACK. (LAUGHTER). >> JUST ABOUT THE TIME THAT YOU GO THROUGH YOUR APPLICATIONS, AND YOU LOOK AT IT, AND YOU GO, I THINK THIS ONE WILL GO EASY. JUST REMEMBER, THERE ARE SEVERAL OTHER BOARD MEMBERS. IT MAY NOT BE SO EASY AFTER ALL. I THINK THIS BOARD... I HAVE SAT IN NOW THROUGH OCTOBER I HAD AN OPPORTUNITY TO SIT IN ON A PLANNING BOARD MEETING IN PORT ST. LUCIE. AND IN WEST PALM BEACH. AND IN AUGUST, I SAT IN A PLANNING BOARD MEETING IN TAMPA. AND I HAVE BEEN TO SEVERAL WORKSHOPS THIS YEAR. I HAVE FORTUNATE ENOUGH TO SIT ON A QUESTION PANEL AT ONE OF THOSE WORKSHOPS. I HAVE TO SAY THAT FROM WHAT I CAN SEE IN SURROUNDING GOVERNMENTS, FORT PIERCE, THE WAY THAT WE MOVE PROJECTS THROUGH THIS CITY, I THINK WE ARE PRETTY MUCH SPOT ON. I THINK THE TWEAKING THAT WE HAVE TALKED ABOUT A LITTLE BIT, I THINK IT WILL HELP IMPROVE THAT. I DON'T KNOW WHEN THAT IS ALL GOING TO HAPPEN. I THINK IT WOULD HELP IMPROVE IT. THE COMMENTS THAT I GET BACK FROM APPLICANTS THAT COME BEFORE US, AND THERE IS OCCASIONS THAT I PICK THE PHONE UP. NEXT WEEK SOMETIME, I MIGHT CALL ONE OF THESE APPLICANTS AND HAVE A SIDE BAR DISCUSSION WITH THEM BECAUSE I'M INTERESTED TO SEE WHAT THEIR REAL INPUT IS. IF I ASK THEM HERE AT THE PO PODIUM, AND NINE TIMES OUT OF TEN, THEY SAY OH, IT IS WONDERFUL. WHAT ARE THEY GOING TO TELL ME WHEN I TALK TO THEM ON THE PHONE AND IT IS JACK AND I TALKING ON A TELEPHONE? THIS IS GOING TO BE A LITTLE DIFFERENT. I TELL YOU, I RARELY GET NEGATIVE COMMENTS. THE FIRST COMMENT I GET GENERALLY, IS EVERYBODY THAT I CAME IN CONTACT WITH IN PLA PLANNING, WENT OUT OF THEIR WAY TO HELP ME. AND WE HAVE GOT ONE OF THE... AND WE NEED MORE PEOPLE IN PLANNING. YOU NEED A BIGGER STAFF. I KNOW IT. I THINK THE CITY KNOWS IT. YOU NEED A BIGGER STAFF. I THINK THE PEOPLE WE'VE GOT IN PLANNING, THE PEOPLE THAT YOU ARE OVERSEEING, YOU HAVE A HELL OF A GOOD TEAM. >> I HAVE. >> I KNOW SOME OF THE PLANNERS IN OTHER CITIES. THEY WORK VERY HARD, BUT I THINK ALSO THAT WHAT MAKES THIS TEAM WORK SO WELL, AND WE GET SO MANY GOOD COMMENTS BACK FROM APPLICANTS IS BECAUSE OF THE APPROACH THAT CITY GOVERNMENT AS A WHOLE TAKES TO PLANNERS. ... TO PLANNING. FROM THE MAYOR STRAIGHT THROUGH CITY GOVERNMENT. THE COMMISSION AND THE PAYOR... AND THE MAYOR, THEY ARE BEHIND PLANNING AND THE PLANNING BOARD 100%. THEY RELY ON THIS BOARD ON EVERY CONTROVERSIAL PROJECT OR MAJOR PROJECT, THEY RELY ON THIS BOARD. AND I GET AN AWFUL LOT OF COMMENTS BACK FROM OUR COMMISSIONERS ON A REGULAR BASIS. THAT, YOU KNOW, YOUR BOARD DID AN EXCELLENT JOB ON X, Y, Z PROJECT. AND YOU OUGHT TO PAT YOURSELVES ON THE BACK. Y'ALL ARE GOING TO COME ALONG AND YOU HAVE ALREADY STARTED JUMPING IN. I LIKE IT. DON'T STOP. I WILL TRY TO DIVERT A LITTLE BIT IF I FEEL LIKE WE ARE GOING OFF IN A DARK GRAY AREA. AND WE ARE GOING OFF IN THE WOODS SOMEWHERE. OR IF I FEEL LIKE WE ARE GETTING INTO AN AREA THAT COULD CREATE A LEGAL... POTENTIAL LEGAL ISSUE. I WANT TO GET THAT STOPPED. [03:15:03] WE DON'T HAVE A CITY ATTORNEY. WE DON'T HAVE ANY LEGAL REPRESENTATION ON THIS BOARD. I WOULD LIKE TO SEE LEGAL REPRESENTATION ON THIS BOARD JUST SO THAT WE DON'T GET INTO THOSE AREAS THAT COULD AT SOME POINT, OPPOSE A LEGAL ISSUE TO THE CITY. WE DON'T HAVE THAT. JUST KEEP UP THE GOOD WORK. AND YEAH. WWE HAVE A LOT OF GOOD STUFF COMING AHEAD OF US. A LOT OF GOOD STUFF. THERE IS A LOT OF GOOD... THERE IS A MEETING COMING UP TO DISCUSS... I THINK YOU TOLD ME ABOUT IT A COUPLE OF MONTHS OR SO AGO. A MEETING COMING UP TO DISCUSS OUTFLOW OF WATER. AND WE NEED THAT DISCUSSION IN A BIG WAY. BECAUSE I HAVE BROUGHT ENOUGH OF THAT DISCUSSION TO THE TABLE OVER THE LAST SEVERAL MONTHS. I'M NOT GOING TO STOP ON THAT EITHER. THANK YOU. ANYBODY ELSE HAVE ANYTHING TO SAY? >> GO AHEAD. >> SO THERE WAS... THIS WAS SOMETHING I WAS GOING TO BRING UP BACK IN OCTOBER, I BELIEVE. WE RAN OUT OF TIME. NOT LIKE WE ARE NOT RUNNING OUT OF TIME HERE. SORRY TO KEEP EVERYONE A FEW MINUTES MORE. I WANTED TO BRING UP FOR DISCUSSION WITH THE BOARD SOMETHING THAT I HAD SOME PERSONAL EXPERIENCE WITH WITH THE CITY CODE OF ORDINANCES. THAT IS THE LACK OF PROVISION FOR ACCESSORY DWELLING UNITS WITHIN THE RESIDENTIAL CODE OF FORT PIERCE. WE DO HAVE VERY SELECTIVE PROVISIONS FOR GUEST HOUSES, FOR VERY LARGE PROPERTIES WITH VERY SPECIFIC RESTRICTIONS. WHICH I IMAGINE ARE PROBABLY VERY DIFFICULT, IF NOT IMPOSSIBLE TO ENFORCE. BUT MORE TO THE POINT, YOU KNOW, WHAT I HAVE FOUND, WHAT I FOUND IN MY EXPERIENCE AND WHAT I HAVE ALSO FOUND IN TALKING TO SOME OF MY NEIGHBORS AND OTHER PEOPLE THAT HAVE ATTEMPTED TO GO THROUGH THIS SAME PROCESS, IS THAT ACCESSORY DWELLING UNITS, SPECKLY FOR... SPECIFICALLY FOR AN EXTENSION OF A SINGLE-FAMILY RESIDENTIAL SPACE ARE SOMETHING THAT I BELIEVE THAT THERE IS A VERY GOOD DESIRE AND NEED FOR. AND I KNOW A LOT OF OTHER MUNICIPALITIES HAVE ADOPTED CODE ALLOWANCES FOR THESE TYPES OF STRUCTURES. WE DO NOT HAVE ANY ABILITY TO DO THAT HERE WITH OUR CURRENT CODE. SO THIS IS REALLY JUST A REQUEST FROM ME TO START THAT CONVERSATION AT THE BOARD AND STAFF LEVEL. PERHAPS THIS IS SOMETHING THAT YOU GUYS COULD FOLD INTO THE INVESTIGATION WHICH YOU WERE SPEAKING OF EARLIER. I'M A PROPONENT. SOME OF YOU MAY NOT BE. IT IS SOMETHING THAT IS WORTHY OF OUR DISCUSSION AND LOOKING INTO, TO SEE IF IT'S SOMETHING THAT WOULD BE A GOOD FIT FOR FORT PIERCE. >> GIVE ME AN EXAMPLE. >> SO A PROPERTY UNDER 30,000 SQUARE FEET IN A RESIDENTIAL NEIGHBORHOOD, R-3, R-4, R-2, EVEN, I BELIEVE, YOU KNOW, YOU CAN IN 0,000 SQUARE FEET, THAT IS A GOOD SIZE CHUNK OF LAND. UNDER THE CURRENT PROVISIONS, YOU ARE ONLY ABLE TO HAVE ONE DWELLING UNIT ON THE PROPERTY. RIGHT IN SO YOU KNOW, A MOTHER-IN-LAW SUITE, A POOLHOUSE OR YOU KNOW, MAYBE IF YOU CONSIDER IT... I MEAN, A MOTHER-IN-LAW SUITE IS PROBABLY THE NUMBER ONE USE THAT I WOULD SEE FOR SOMETHING LIKE THIS. YOU KNOW, ASSUMING THAT YOU COMPLY WITH ALL THE OTHER PROVISIONS OF THE CODE, MAINTAIN SETBACKS, HEIGHT REQUIREMENTS AND EVERYTHING ELSE, THIS IS SIMPLY JUST AN EXTENSION. THE LIVING SPACE IS NOT PHYSICALLY CONNECTED TO THE EXISTING BUILDING. FROM A RENOVATION STANDPOINT, THESE ARE CHEAPER AND EASIER TO BUILD. YOU DON'T HAVE TO RIP OPEN THE ROOF AND TEAR DOWN EXTERIOR WALLS. BUT FOR ALL INTENTS AND PURPOSES, THEY ARE PERMITTED JUST LIKE ANY OTHER ADDITION. THEY HAVE TO BE CODE-COMPLIANT. >> ANY HOUSE. >> NOT NECESSARILY... YES. NOT ON ITS OWN. I MEAN, IT IS STILL, IN MOST CASES, THERE ARE PROVISIONS THAT IT IS STILL FED ON THE SAME WATER, SEWER SSSMENTS ELECTRIC SERVICE. IT DOESN'T GET ITS OWN ADDRESS. S IF AN ACCESSORY STRUCTURE THAT IS A LIVING SPACE. THERE IS KIND OF A GRAY AREA IN OUR CODE RIGHT NOW. WE HAVE PROVISIONS FOR ACCESSORY STRUCTURES. BUT YOU KNOW, IT IS SOMETHING THAT IF SOMEBODY WANTS TO BUILD EXACTLY THIS, WHAT I'M DESCRIBING AND THEY WANT TO BE 100% CODE-COMPLIANT, WE REALLY DON'T HAVE ANYTHING IN OUR CODE THAT ALLOW THEMS TO DO THAT. THAT MIGHT PUSH THEM TO BEND THE RULES A BIT, SEARCH FOR LOOPHOLES OR JUST ABANDON THE PROJECT. ALL THINGS BEING CONSIDERED, THAT MIGHT NOT NECESSARILY BE THE BEST THING FOR OUR CITIZENS. I THINK IT IS WORTHY OF [03:20:01] DISCUSSION. I WOULD JUST LIKE TO MAYBE RECOMMEND THAT WE HAVE STAFF INVESTIGATE THIS AND POSSIBLY PRESENT TO US SOME OPTIONS OR MAYBE BRING IT UP FOR, YOU KNOW, AN OFFICIAL ITEM ON A FUTURE MEETING. >> ACTUALLY,... MR. GILMORE, YOU NEED TO SPEAK IN THE MICROPHONE. COME TO THE PODIUM. >> ACTUALLY, R-4 ZONING DISTRICT WHICH IS MEDIUM DENSITY RESIDENTIAL DOES ALLOW FOR IT. HOWEVER, MOST PEOPLE THAT WE ARE GETTING, THEY WANTED AN R-1 OR R-2 WHICH IS THE SINGLE FAMILY WHICH IS MORE RESTRICTIVE. R-4 WHICH IS MORE... >> SPECIFICALLY, IS IT DEFINED AS AN ACCESSORY DWELLING UNIT? >> ITS SAYS... I CAN READ IT, ACTUALLY. I NOTICED THIS A WHILE AGO. WE DON'T GET MANY PEOPLE WHO WANT TO DO IT IN R-4. >> I KNOW THE EDGARTOWN OVERLAY DISTRICT HAS A PROVISION FOR AN ACCESSORY DWELLING UNIT. THE ONLY ONE THAT I FOUND. >> IT SAYS "ON ANY LOT USED FOR RESIDENTIAL PURPOSES OTHER THAN A MULTIFAMILY HOUSING DEVELOPMENT, NO MORE THAN ONE RESIDENTIAL BUILDING WOULD BE ALLOWED ON THE LOT EXCEPT ONE BUILDING WITHOUT KITCHEN FACILITIES WHICH IS THE SAME THING T THAT IT SAYS FOR THE 30,000 OR MORE." IT DOES FOR THE OTHER ZONING DISTRICTS. FOR R-4, IT DOESN'T SAY IT HAS TO BE 30,000 SQUARE FEET. YOU CAN HAVE ANOTHER. YOU CAN'T HAVE KITCHEN FACILITIES. THAT IS ACROSSWORD THE BOARD. >> IS THE KITCHEN... THAT IS GETTING PEOPLE. >> THAT IS THE DISCUSSION WE GOT INTO. >> EVERYBODY WANTS A KITCHEN. >> THAT IS WHERE WE NEED TO RESOLVE. THIS. >> YEAH. I MEAN, EVEN YOU KNOW, A GUEST HOUSE IS DEFINED AS... I MEAN, A GUEST HOUSE IS NOT A MOTHER-IN-LAW SUITE. IF YOU GO TO THE LETTER OF THE CODE, IT IS SOMETHING INTENDED FOR TRANSIENT OR TEMPORARY OCCUPATION. I MEAN, YOU KNOW, IT IS NOT THE SAME AS JUST AN ADDITION ON YOUR HOUSE. I THINK THERE IS SOME ROOM FOR IMPROVEMENT OR, YOU KNOW, MORE INCLUSIONAL LANGUAGE. JUST A CLEARER PATH, GETTING PEOPLE FROM, HEY, I WANT TO DO THIS THING TO HOW THEY GET TO THAT POINT. >> IT IS WORTH LOOKING AT NOW. >> AND THE LOT HAS TO BE A CERTAIN SIZE BEFORE YOU START THINKING OF... >> YEAH. I MEAN, I BELIEVE IT IS 30%. YOU CAN'T EXCEED 30% OF THE PROPERTY WITH PERMANENT STRUCTURE. THAT IS PRETTY MUCH ACROSS THE BOARD. >> 30% WOULD BE... >> YOU NEED TO COME AND SPEAK DIRECTLY INTO THE MICROPHONE. (LAUGHTER). >> IT IS DIFFERENT PERCENTAGES PER ZONING. >> IT IS. OKAY. >> R-1 WOULD BE 0%. IT IS MORE RESTRICTIVE. WITH R-3, IT IS 40%. IT IS DEPENDENT ON THE ZONING. >> ALL THIS DISCUSSION IS SET FOR A WHOLE DIFFERENT ITEM. IT IS PART OF THE WHOLE STRATEGY THAT WE ALL THINK ABOUT THESE THINGS. >> YOU ARE WORKING ON IT KIND OF SORT OF ALREADY. YEAH. >> THERE IS GOING TO BE A LOT OF DIFFERENT PIECES OF THIS HOUSING STRATEGY THAT I WOULD LIKE TO BRING FORWARD. >> THE TIMING WAS GOOD. >> PERFECT. >> YEAH. TIMING WAS GOOD. YES, SIR. >> ON HOUSING, WHEN WE TALK ABOUT AFFORDABILITY, AND YOU KNOW, THE RECENT THINGS THAT HAS BEEN COMING IN AS FAR AS APARTMENT COMPLEXES AND THINGS LIKE THAT, IS THERE ANYTHING IN THE CODE OR IS THAT SOMETHING THAT IS GOING TO BE LOOKED AT WHERE WE ARE REQUIRING A CERTAIN PERCENTAGE, NO MATTER WHERE IT IS BEING BUILT... AFFORDABILITY? >> I'M WORKING ON A LITTLE PIECE THAT IS QUITE EXCITING. I THINK IT WOULD ADDRESS WHERE YOU WANT TO GO. I NEED A BIT OF LEGAL INPUT ON THIS. BUT AGAIN, I WOULDN'T BE TALKING ABOUT IT IF I DIDN'T THINK IT HAD SOME LEGS. YOU WILL BE EXCITED ABOUT WHAT WE CAN DO IN FORT PIERCE. >> ALSO, PIGGYBACKING OFF OF WHAT HE WAS SAYING, FORT PIERCE ISN'T... I DON'T SEE IT NOW OR IT PROBABLY MIGHT BE IN THE FUTURE WITH THE NEW DEVELOPMENTS PUTTING FORT PIERCE FORWARD, WHEN IT COMES TO DENSITY AND IN CERTAIN AREAS THAT COULD HAVE ANOTHER DWELLING UNIT ON IT, YOU KNOW, ARE WE LOOKING TO EXPAND UPON THAT WHEN IT COMES TO... LET'S BE HONEST. RENT IS HIGH. MORTGAGE IS HIGH. PEOPLE ARE GOING TO NEED ANOTHER SUPPLEMENT INCOME. I THINK TO PRESERVE AN AREA WHERE SOMEONE HAS BEEN LIVING THERE FOR SO LONG, LET'S SAY SOMEONE'S GRANDMA, FOR EXAMPLE, [03:25:02] WHO DIDN'T HAVE THAT GOOD OF A RETIREMENT SAVED UP... IF SHE CHOSE TO PUT ANOTHER HOUSE ON HER LOT, THAT IS SUPPLEMENTED INCOME THAT COULD HELP HER OUT IN THE LONG RUN. >> YES. >> SO... PUFF YOU HAVE BEEN READING MY MIND. >> A LOT OF YOUTUBE AND, YOU KNOW. THINGS LIKE THAT. AND ANOTHER THING I WANTED TO TALK ABOUT. A COUPLE OF THINGS. KIND OF MAKE IT QUICK. BUT IN EDGARTOWN, USING AN EXAMPLE SINCE IT CAME UP. HAVING SOUND BEING... BE AN ISSUE AND WE HAVE A COUPLE OF HISTORICAL DISTRICTS IN FORT PIERCE. WHEN IT COMES TO THAT ISSUE... I DON'T WANT TO SAY I'M SUGGESTING BUT JUST THROWING IT OUT THERE, HAVING SOME FORM OF TAXATION ON THE SOUND THAT WILL EVENTUALLY GO INTO A POOLING THAT THE HISTORICAL PRESERVATION... THE PEOPLE THAT OWN THOSE PROPERTIES CAN PULL OUT OF FOR, YOU KNOW, MANY DIFFERENT USES. SINCE YOU KNOW, THAT BUSINESS IS BENEFITING FROM THAT COMMUNITY. SO TO PAY FOR EVEN MORE AND TO CONTINUE TO PRESERVE IT, HAVING SOME FORM OF... YOU KNOW, TAXATION ON IT. LIKE, YOU KNOW, IN CERTAIN AREAS OR CERTAIN BUSINESS DISTRICTS, THEY HAVE A FORM OF TAXATION ON THE BUSINESS SO THAT IT CAN CONTINUE TO PRESERVE THAT AREA. EDGARTOWN IN A CUP... AND A COUPLE OTHER DISTRICTS LIKE LINCOLN PARK, FOR AN EXAMPLE, YOU KNOW, IF THERE IS SOME FORM OF TAXATION FOR THAT, THEN THAT ENTIRE DISTRICT CAN PULL FROM IT TO CONTINUE TO PRESERVE IT. THROWING THAT OUT THERE. ALSO BIKE LANES. AND ACTUAL, LIKE, NOT LINES IN THE ROAD. I THINK THAT IS SO DANGEROUS. I DON'T THINK... I DON'T LIKE TO SEE ANYONE DOING IT. IT IS KIND OF CHAOTIC. HEY, YOU LIVE ON THE WILD SIDE. BUT TO HAVE ACTUAL DESIGNATED BIKE LANES WHERE THERE IS A MEDIAN THAT IS SEPARATING THE BIKE FROM THE MAIN ROAD IN A COMPLETE STREET, SOMETHING TO LOOK INTO. BECAUSE THERE IS PLENTY OF GRAY AREAS WHERE... GREAT AREAS WHERE THAT COULD BE IMPLEMENTED THROUGHOUT THE ENTIRE CITY. SUNRISE, FOR AN EXAMPLE, COULD BE... I DON'T WANT TO SAY A STARTER. IT CAN HAVE THAT. IT SHOULD HAVE IT. ESPECIALLY BECAUSE OF ALL THE DEVELOPMENT THAT IS ALREADY THERE. AND THEN WE ARE GOING TO GET MORE DEVELOPMENT. FURTHER DOWN THE LINE, CONNECTING WHITE CITY TO THE REST OF FORCE PIERCE AS WELL, THERE SHOULD BE A FORM OF PEDESTRIAN CONNECTIVITY WHERE PEOPLE... ONE THING I HAVE BEEN LEARNING IS THAT, YOU KNOW, PLANNING KIND OF INFLUENCES HOW PEOPLE OPERATE AND HOW THEY DO THEIR DAY-TO-DAY NEEDS. SO IF OUR CITY IS NOT PROMOTING OR MAKING IT TO WHERE OKAY, I CAN GO ACTUALLY RIDE MY BIKE, I CAN WALK. AND PROMOTE HEALTHIER LIVING, YOU KNOW, THEY ARE NOT GOING TO DO IT ON THEIR OWN. BECAUSE OF WHERE THEY LIVE AND HOW, YOU KNOW, CONSTRICTED IT IS. SO BIKES IS DEFINITELY... WELL, BIKE LANES AND COMPLETE STREETS IN GENERAL IS DEFINITELY SOMETHING THAT, YOU KNOW, I HOPE WE ARE TALKING ABOUT, AND LIKE, LOOKING FORWARD TO ACTUALLY IMPLEMENTING. >> I HAVE BEEN WATCHING THE SIDEWALK PROJECT ON OLEANDER AVENUE. EVERY TIME I GO DOWN ON OLEANDER AVENUE, I KIND OF SHAKE MY HEAD. IT HAS BEEN A YEAR AND A HALF PUTTING IN A FRIGGIN' SIDEWALK. BUT OLEANDER IS GOING TO HAVE TO BE WIDENED AT SOME POINT. IT IS A COUNTY ROAD. I DON'T KNOW HOW MANY DOLLARS WE ARE SPENDING PUTTING THIS SIDEWALK IN, AND IT IS WEAVING ALL OVER THE PLACE BECAUSE IT'S GOT TO GO AROUND THIS AND THAT AND THE OTHER THING RATHER THAN REENGINEERING THE WHOLE COMPLEX. AND THAT IS WHAT YOU ARE REFERRING TO. LET'S ENGINEER A BIKE LANE IN. YOU KNOW, WE HAVE A LOT OF NARROW STREETS HERE IN FORT PIERCE. PERHAPS ONE-WAYS WOULD BE A GOOD WAY TO DO BIKE LANES. YOU CREATE ONE-WAY TRAFFIC. NOW YOU HAVE ROOM FOR A BIKE LANE. I KNOW. YOU DON'T WANT THAT. YOU KNOW, THIS IS A WHOLE [03:30:02] DIFFERENT DISCUSSION WITH ENGINEERING AND PROBABLY THE COUNTY, TOO. BECAUSE OUR SYSTEM HERE IN FORT PIERCE, AND I THINK YOU MAY HAVE LEARNED SOME OF THIS, I KNOW MY EYES OPENED UP. WE ARE WORKING... WE ARE LOOKING AT THIS PROJECT OVER HERE IN THIS AREA, AND SOMEWHERE ALONG THE LINE, WE FIGURE OUT THAT... WELL, THAT IS NOT EVEN A CITY STREET. THAT BELONGS TO THE COUNTY. BUT TWO BLOCKS DOWN THE ROAD, IT UNDER INTO A CITY STREET. YOU KNOW? AND SO WE NEVER KNOW WHETHER OR NOT WE ARE ON THE CITY STREETER, A COUNTY STREET, A STRAIGHT ROAD OR WHAT THE DEVIL IT IS IN FORT PIERCE SOMETIMES. JUST A DISCUSSION A COUPLE OF MONTHS AGO OVER THE LAST COUPLE OF MONTHS. ON ORANGE AVENUE. I MEAN, PART OF IT IS... I FOUND OUT PART OF IT IS STATE. PART OF IT IS COUNTY. PART OF IT IS CITY. I MEAN, YOU KNOW, WHERE DO YOU WANT TO BE? I'M NOT EVEN TALKING ABOUT GOING WEST TO THE 95 AT THAT STAGE. I'M JUST TALKING ABOUT BETWEEN 95 TO U.S. ONE. SO OKAY. ANYTHING ELSE? >> ONE MORE. SORRY. I MEAN, YOU KNOW, WE ARE ONLY HERE ONCE A MONTH. (LAUGHTER) THE PROPERTY THAT WERE SOLD... THAT THE CITY SO SOLD... THE SURPLUS, WHAT IS THE UPDATE ON THOSE? BECAUSE WE WERE SUPPOSED TO HAVE... WELL, WE WERE SUPPOSED TO SEE SOME FORM OF CONST CONSTRUCTION. I DON'T KNOW... >> IT IS 24 MONTHS. >> 24 MONTHS? DO WE KNOW IF THERE IS ANY FORM OF WORK BEING DONE? BECAUSE I KNOW THERE WERE SUPPOSED TO BE, LIKE... >> THEY HAVE TO PULL A PERMIT. >> THEY DID, WHAT, LIKE, ALMOST 12 OF THEM. ONE MEETING? >> MAYBE WE COULD GET A REPORT FROM THE CITY MANAGER'S OFF OFFICE/BUILDING DEPARTMENT TO SEE IF THERE IS PERMITS OR ANYTHING ISSUED. THAT WOULD BE GOOD TO KNOW. >> YEAH. >> BECAUSE YOU KNOW... >> YEAH. I MEAN, YOU DO ALL THAT WORK AND YOU DON'T KNOW WHAT HAPPENED TO IT. THE BIG STUFF WE SEE. EVENTUALLY. THE LITTLE STUFF LIKE THAT, YOU ARE RIGHT. WE DON'T KNOW. >> IS IT POSSIBLE TO GET THAT, LIKE, E-MAILED OR... >> YEAH. I THINK WE CAN FIGURE THAT OUT. >> OKAY. >> SWEET. >> YOU DON'T LIKE SNAIL MAIL, HUH? >> I... LOOK. >> OKAY. ANYTHING ELSE? WE ARE ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.