[c. Rezoning - Planned Development - St. Lucie Commerce Center 2431-800-0002-000-0, 2431-800-0003-000-7, 2431-800-0004-000-4 2431-800-0005- 000-1, 2431-800-0007-000-5, 2431-800-0006-000-8 ]

BOARD.

NEXT ON THE AGENDA IS ITEM C REZONING, PLANNED DEVELOPMENT ST. LUCIE COMMERCE CENTER SEVERAL LOT NUMBERS I BELIEVE TO THE PLANNING DEPARTMENT.

>> THANK YOU CHAIR AND PLANNING BOARD. THIS ITEM IS A REZONING PROPOSED OF SIX PARCELS WHICH ARE GENERALLY LOCATED AT OR NEAR ENERGY LANE IN THE CITY. THEY CONTAIN APPROXIMATELY 108.3 ACRES PLUS OR MINUS AND THE REQUEST IS TO MOVE FROM LIGHT INDUSTRIAL PLANNED DEVELOPMENT ZONING. THE OWNER OF THE PROPERTY REPRESENTATIVE TODAY IS DISTRICT PLANNING GROUP. YOU HAVE HEARD THE APPLICANT REQUEST AND THE LOCATION IS LOCATED SOUTHEAST OF GLADES CUT OFF ROAD AND WEST OF SOUTHEAST ROAD, TO THE NORTH AND THE PROPERTY LIES NORTH AND SOUTH OF ENERGY LANE. YOU MAY KNOW THE LOCATION WHICH IS THE LOCATION OF THE RELOCATED WASTEWATER TREATMENT PLANT. SIX PARCEL IDS. I DON'T INTEND TO CALL ALL OF THOSE OUT. THE SUMMARY OF THIS, THIS IS THE REQUIREMENT OR REQUEST FROM THE APPLICANT. LOOKING AT THE EXISTING INCREASING ALONG THE NORTHERN WESTERN SOUTHERN PROPERTY LINES . THIS DEVELOPMENT PROPOSES TO AMEND THE ZONING ATLAS TO ALLOW FOR STEP DOWN IN INTENSITY FROM THE INTENSE USES ON THE SUBJECT BOUNDARIES WHILE KEEPING THE EXISTING LIGHT INDUSTRIAL ENTITLEMENTS AS A BUFFER TO THE EAST. WHAT THEY ARE PROPOSING IS TO LOOK AT A SPLIT OF USE AND ALLOCATE VARIOUS USES TO VARIOUS PROPERTY PARCELS. GOING FROM LIGHT INDUSTRIAL TO MEDIUM INDUSTRIAL AREAS. YOU WILL SEE IN A MOMENT WE HAVE ONE OF THESE AGAIN, A TABLE OF USE WHICH OPENS AND DEMONSTRATES THE TYPE OF USE THAT WOULD BE ALLOWABLE IN THE LIGHT INDUSTRIAL AND THE MEDIUM INDUSTRIAL AREAS. SO HERE IS THE PROPERTY. YOU CAN SEE IT IS SIX PARCELS. ENERGY LANE. THERE IS THE WASTEWATER TREATMENT PLANT RECONFIGURATION OR RELOCATION. IT IS WELL WITHIN CITY LIMITS SURROUNDED PRIMARILY BY THE CITY. STREET VIEW NOT DEVELOPED AT THE MOMENT, BUT THE FAR END OF THAT STREET THERE WAS SOME ACTION GOING ON. AGAIN CURRENT FUTURE LAND USE ALL INDUSTRIAL SO THE SIX PARCELS ARE ALL INDUSTRIAL. THE CURRENT ZONING IS I-1 INDUSTRIAL, LIGHT INDUSTRIAL. IT IS PROPOSED TO MOVE THAT

[00:50:02]

INTO A PLAN DEVELOPMENT. THIS IS THE PROPOSAL. YOU CAN SEE WE HAVE DEVELOPMENT TO THE EAST WHICH IS COMING IN AND PROPOSING INDUSTRIAL STORAGE UNITS WITH SOME RESIDENTIAL HERE. THE INTENT IS TO MAINTAIN LOW INTENSITY LIGHT INDUSTRIAL AND INCREASE INTENSITY OF INDUSTRIAL USE TO NOT HEAVY INDUSTRIAL BUT MEDIUM INDUSTRIAL WITH SOME CONDITIONS ON THAT. THE PROPOSED USE TABLE. WE HAD A PROPOSED USE OF LIST WITH STAFF REGENERATION OF THAT SEPARATING WHAT STAFF PROPOSES TO BE LIGHT INDUSTRIAL AND MEDIUM. YOU CAN SEE THE MAIN AREAS OF DIFFERENTIAL ANYWHERE WITHIN A WOULD REQUIRE AN ADDITIONAL AMENDMENT TO THE PLAN DEVELOPMENT IF THAT USE CAME IN AND PRIMARILY THOSE ARE ONLY ALLOWED IN THE MEDIUM INDUSTRIAL. LET'S GO THROUGH THE LIST OF USES OUT OF ALL OF THESE WHICH ARE PRIMARILY ALL THE USES YOU WHICH YOU NORMALLY IN INDUSTRIAL LOCATION. WE HAVE PULLED OUT SOME OF THESE LIKE CONCRETE MANUFACTURING, GLASS MANUFACTURING. STONE MANUFACTURING WHICH ARE PRIMARILY INDUSTRIES THAT COULD CREATE DUST AND THEN PRIMARY METAL INDUSTRIES. MEDIUM HEAVY INDUSTRIES AND TREND IT USE AND ALSO COMMUNICATION , COMMUNITY DOLLARS AND SO FORTH THAT WOULD MEAN FOR THEIR APPROVAL. THE REASON WE HAVE CALLED OUT THE PARTICULAR USE THAT REQUIRE ADDITIONAL APPROVAL AND ALL THOSE WOULD NEED TO COME BACK TO THE PLANNING BOARD SHOULD THIS COULD PROVE ANYTHING THAT COMES BACK ON THIS DEVELOPMENT WOULD NEED TO COME BACK TO THE PLANNING BOARD FOR A SITE PLAN APPROVAL OR SOMETHING. JUST IN THAT CASE, BUT THESE WITH THE A WOULD REQUIRE SPECIAL ATTENTION AND WE ARE COGNIZANT OF COMMENTS RAISED BY THE OPERATION OF THE WASTEWATER TREATMENT PLANT AND POTENTIAL IMPACT OF THE DUST ON THAT OPERATION. SO THAT IS PART OF THE CONDITIONS ATTACHED TO THIS AND THE USE TABLE ATTACHED. IF THOSE TYPES OF USES DID COME FORWARD THEN THERE WOULD BE A VERY DETAILED ANALYSIS CARRIED OUT WITH SOME COMMITMENTS RELATED TO DUST CONTROL OR HOURS OF OPERATION. ALL THOSE THINGS THAT WE SEE CONCERNING RESIDENTS TALKING ABOUT PROXIMITY TO THESE TYPE OF USES. THIS USE IS NOT SUCH AN CLOSE PROXIMITY AS WE HAVE OTHER USES ALONG AND TO THE EAST, HOWEVER WE ARE CONCERNED AND FPUA ARE CONCERNED ABOUT DUST WHICH A LOST -- WASTEWATER TREATMENT PLANT IS NOT RESIDENTIAL. IT DOES REQUIRE OPERATING PARAMETERS. SO, THE RECOMMENDATION IS TO MOVE THE ZONING AMENDMENT FROM LIGHT INDUSTRY TO PLANT DEVELOPMENT WITH RECOMMENDATION OF APPROVAL TO CITY COMMISSION SUBJECT . I SHOULD POINT OUT WE HAD SOME INFORMATION FROM THE TRAFFIC ENGINEER AND IN THE STAFF REPORT IT DOES SAY THERE IS A PREVIOUS SITE PLAN GRANTED ON THIS PROPERTY FOR ESSENTIALLY LIGHT INDUSTRY USE, WAREHOUSE TYPE BUILDINGS. AND, THOSE WOULD, IN ESSENCE MOVE AWAY AND THIS PLAN DEVELOPMENT WOULD OVERLAY THAT. THE LIST OF USE, PARTICULARLY THE ONES THAT REQUIRE FURTHER INVESTIGATION WOULD ALSO REQUIRE A MORE DETAILED TRAFFIC IMPACT

[00:55:01]

STATEMENT AND ALL OF THAT STUFF AND THAT WOULD BE REVIEWED WITH EVERY SITE PLAN ANYWAY. THOSE WOULD BE REALLY SIGNIFICANTLY MORE ANALYZED THAN THE ONES WHICH OF THE FOLLOWING TO THE EXISTING SITE PLAN APPROVAL AND TRAFFIC IMPACT PROPOSED WITH OR ASSESSED WITH THAT SITE PLAN. SO AS THESE USES COME FORWARD WE WILL BE RECEIVING SITE PLANS, IF THOSE TRIGGER AMENDMENTS TO THE PLAN DEVELOPMENT THAN THEY WOULD BE COMING FORWARD TO THE PLANNING BOARD. AND LET ME ADD ALSO , THE REASON WHY WE HAVE ALSO , SO WHATEVER THE CIRCUMSTANCE, ANY OF THOSE USES WHICH INDICATE WITH THE A WOULD ALWAYS COME BACK TO THE PLANNING BOARD, EVEN IF IT WAS A TRANSFER OF USE FROM A STRUCTURE THAT ALREADY HAD BEEN BUILT AND MOVED FROM ONE USE TO ANOTHER USE, WE WOULD WANT TO SEE THAT, SO IT WOULD BE A CONDITIONAL USE. THAT'S WHY WE CALLED THOSE OUT THERE WOULD ALWAYS BE A REVIEW OF THOSE TYPES OF ACTIVITIES.

SO THAT FINALIZES STAFF VISITATION. THE APPLICANT IS HERE TODAY AND MAY WANT TO TALK.

>> TALKING ABOUT WORRYING ABOUT DUST AND STUFF GETTING TO THE WATER TREATMENT PLANT, WHAT ABOUT GOING THE OTHER WAY? I SEE YOU HAVE FOOD AND CATERING, SOMETHING LIKE THAT. WOULDN'T THEY BE IN A GOOD SPOT ALSO OR IS THAT NOT?

>> THEY WOULD BE AFFECTED BY ANY USE THAT WAS "A" . ANY THAT CREATED DUST OR HAD PROPENSITY TO CREATE DUST.

>> I'M WORRIED ABOUT THE OTHER WAY.

>> THAT WOULD STILL BE RELEVANT NO MATTER WHICH WAY IT WAS GOING THE OTHER USE WHAT ALL NEED TO BE ANALYZED. SO IT'S NOT JUST GOING WEST, IT'S ALSO GOING EAST, NORTH AND SOUTH.

WHENEVER THE DEVELOPMENT COMES IN THE POTENTIAL TO CREATE

DUST, WHEREVER THE DUST. >> MAYBE I DID NOT SAY IT RIGHT. I AM THINKING IF WE PUT IN A FOOD MANUFACTURER THERE SHOULDN'T IT BE SOMETHING WE LOOK AT BEFORE WE AGREE TO SOME ANY FRACTURE BEING IN YOUR THE WASTEWATER MANAGEMENT NOT WHAT THE FOOD MANAGEMENT DOES TO THE WASTEWATER SYSTEM BUT VICE VERSA. SHOULDN'T WE HAVE THE "A" AND WHAT WE DON'T WANT?

FOOD AND CATERING. >> DIFFICULT FOR ME TO SAY WHEN I DON'T KNOW THE OUTCOME OF THE EXHAUST FROM THE WASTEWATER TREATMENT PLANT IN TERMS OF OTHER USE AROUND THERE . I THINK SOMEBODY WAS WANTING TO MANUFACTURE FOOD IN CLOSE

PROXIMITY. >> WE SHOULD LOOK AT IT A LITTLE BIT TIGHTER ON BOTH SIDES, THAT'S MY THOUGHT JUST

THROWING IT OUT THERE. >> IF IT IS A SITE PLAN IT WOULD BE GOOD ANYWAY. WITH WHATEVER USE COMES IN.

>> I SEE THE ROADS HURTING FOR WORK, SO IT'S ALREADY INDUSTRIAL. WE ARE NOT GENUINE COULD GO IN.

>> WE WOULD BE OBVIOUSLY , WE WOULD BE SUBJECT TO REVIEW OF THE INTERSECTION. I'M SURE THE COUNTY WOULD WANT TO LOOK AT THE INTERSECTION SHOULD WE HAVE SIGNIFICANT CHANGES TO THE SITE PLAN. KNOW WE HAVE APPROVED DEVELOPMENT.

>> THAT'S MY HEARTBURN. WE SAY STUFF WE SHOULD NOT BE ABLE TO DO IN THE COUNTY SHOULD BE ABLE TO SAY WE NEED TO DO SOMETHING WITH THE ROADS BUT WE ARE NOT.

>> WE ARE. >> I WISH THE COUNTY WAS SITTING HERE WITH YOU. I WOULD LIKE TO HAVE AGREEMENT THAT YEAH, WE NEED TO DO SOMETHING WITH THE ROADS.

>> IF YOU LOOK AT THE CONDITIONS WE HAVE ATTACHED TO THIS THEY REFER TO FUTURE PLANS THE COUNTY HAVE, ANALYSIS COMING FORWARD. WE WENT THROUGH A LOT WITH DISCUSSING WITH THE COUNTY JUST RECENTLY AND WE HAVE HAD SITDOWN MEETINGS WITH

[01:00:05]

COUNTY IN TERMS OF ENGINEERING AND TRANSPORTATION. WE WILL NOT APPROVE ANY DEVELOPMENT THAT THE COUNTY DOES NOT SIGN OFF

ON. >> GREAT.

>> THE COMMISSION ULTIMATELY COULD, BUT WE WOULD NOT RECOMMEND APPROVAL OF THE COUNTY WERE NOT SIGNING OFF.

>> WHILE WE'RE WAITING ANY OTHER QUESTIONS OR COMMENTS

FROM THE BOARD? >> THAT IS THE SITE PLAN THAT WAS PREVIOUSLY APPROVED. THOSE WERE THE PHASING THAT WAS APPROVED AND IS NOW SORT OF MOVING ON TO THE PLAN DEVELOPMENT. SO HERE ARE THE CONDITIONS. THERE ARE 25 . SO WHATEVER IS BUILT AND IF IT'S IN PHASE MUST BE PLANNED AND RELATED TO PREVIOUS ELEMENTS SURROUNDING PROPERTIES AVAILABLE SERVICES FAILURE TO PROCEED WILL NOT ADVERSELY IMPACT DRAINAGE UNTIL THE TRAFFIC FLOW AND COMPLETED PHASE. IT WILL ALWAYS BE CONSIDERED AS A HOLE, IF IT'S PUT IN PHASES EACH PHASE WOULD NEED TO DEMONSTRATE THAT IT CAN WORK ON ITSELF IN TERMS OF WHAT IMPACT IT WOULD HAVE ON THE REMAINING SURROUNDING AREA. IT WILL SET OUT PHASES AND MAXIMUM SQUARE FOOT ALLOWED FOR EACH PHASE. IT WILL SET MINIMUM OPEN-SPACE STANDARD, IMPERVIOUS AREA STANDARD. IT WILL SET OUT USE AND AS WE SAW PRESENTED WITH THE ADDITIONAL USE CONSIDERED IN DETAIL . LET ME SEE, THE WETLANDS , HABITAT ASSESSMENT , STORM WATER DRAINAGE . TRAFFIC IMPACT ANALYSIS. WHEN THE FINAL PD COMES THROUGH. THAT COULD BE BASED ON THE ANALYSIS PREVIOUSLY APPROVED AND MAY BE ADJUSTED SLIGHTLY FOR ADDITIONAL USE. ALL OF THE STUFF YOU WOULD NORMALLY LOOK FOR IN THE SITE PLAN DETAILED .

EVALUATION OF A CONTRIBUTION TO POTENTIAL ENERGY LANE SHALL JOIN THE SITE PLAN PROCESS. SO WHEN SOMETHING COMES IN IF IT SUBSTANTIALLY AFFECTS TRAFFIC FLOW AROUND THE AREA THAN THE COUNTY MAY WANT TO DISCUSS ON SIGNAL LIGHTING AND I PUT THAT OUT BECAUSE WE HAVE HAD RECENT DEVELOPMENT WHERE THAT WAS ALREADY ON THE TABLE. SO NOW WE ARE LOOKING IF THERE'S A TRIGGER POINT THE COUNTY WILL LOOK AT THAT IN DETAIL. WE ALSO MENTION THE 2045 LONG-RANGE TRANSPORTATION PLAN. THE SITE IS TO BE USED IN ACCORDANCE WITH THAT. AND CONTROL MITIGATION PLAN SUBMITTED AND APPROVED 20 FIDO FINAL PD PLAN THE CONTROL PLAN WILL NEED TO BE SUBMITTED AND

[01:05:05]

ANALYZED AND IT WOULD BE DISTRIBUTED TO NEIGHBORS FOR

COMMENT. >> I KNOW WE ARE DOING MITIGATION AND EVERYTHING ON THE FINAL PD, BUT IF THEY DO IT

IN PHASES? >> THAT WOULD BE PART OF THE FINAL PD. THEY WOULD NEED ALL THE DOCUMENTATION COMING FORWARD FOR THE FINAL SITE PLAN. YOU WOULD SEE ANYTHING USING LANDSCAPE, DRAINAGE, TRAFFIC , STATEMENT OR STUDY OR WHATEVER THAT WOULD NEED. ARCHITECTURAL. ALL THOSE THINGS WOULD COME IN AT THAT POINT. THIS IS JUST THE FIRST STEP AND THEN MORE DETAILS AS THIS MOVES FORWARD DEPENDING ON THE USE AND HOW THE SITE IS TO BE ÚDEVELOPED OR WHAT SORT OF END USERS THE PROPERTY OWNER IS MOVING FORWARD WITH.

>> ANY OTHER QUESTIONS? IS THAT THE END OF THE PRESENTATION?

>> THAT IS HOPEFULLY THE END OF MY PRESENTATION YES.

>> NO MORE QUESTIONS FROM THE BOARD WE WILL OPEN THE PUBLIC PORTION. ANYONE COMING TO SPEAK PLEASE STEP FORWARD. WE HAVE

THE APPLICANT, THANK YOU. >> THANK YOU MDM. CHAIR AND MR. FREEMAN FOR THAT GREAT INTRODUCTION AND THANK YOU SO MUCH FOR HELPING US GET THIS ON THE AGENDA. MY NAME IS LESLIE OLSON. PRINCIPAL DISTRICT PLANNING GROUP REPRESENTING OUR APPLICANT TODAY. HOPE COMMERCIAL HOLDINGS AND ON THE SITE ST. LUCIE COMMERC CENTER. THANK YOU. I'M JUST GOING TO LEAVE MY ADDRESS HERE. THANK YOU FOR HEARING US TODAY AND FOR GETTING THIS BACK ON THE AGENDA. I WANT TO ORIENT YOU A LITTLE BIT, IN FORT PIERCE WE ARE IN THE INDUSTRIAL HEART OF THE CITY AT THE GLADES CUT OFF . THIS IS , YOU'LL SEE OUTLINED IN THE RED. AS YOU CAN SEE WHEN YOU ZOOM IN ON THE MAP THIS IS AN LONG ENTITLED INDUSTRIAL PLAT . IT HAS BEEN BUILT SINCE AT LEAST 2008 WHEN THE FLORIDA MUNICIPAL POWER ASSOCIATION GAS POWER PLANT WAS BUILT SO OUR ELECTRICITY IN THE CITY OF FORT PIERCE COMES FROM THIS ROAD, ENERGY LANE AND IT IS A ACTUAL GAS PLANT. SO THE SIX LOTS THAT YOU CAN SEE OUTLINED IN RED ARE OWNED BY OUR CLIENT. THEY HAVE COME IN, IN 2022 THEY GOT APPROVAL FROM CITY COMMISSION TO DEVELOP THIS HAS A SITE PLAN AS YOU SAW EARLIER ON KEVIN'S PRESENTATION. TO CREATE 1,200,000 FT.÷ OF INDUSTRIAL , LIGHT INDUSTRIAL SPACE FOR THE , FOR THIS SITE CREATING GOOD JOBS, A GREAT PLAN, TRAFFIC WAS CONSIDERED, EVERYTHING WENT THROUGH AND GOT APPROVED. SO YOU CAN SEE THE POWER PLANT HERE TO THE LEFT WEST OF THE SITE AND YOU CAN SEE NORTH OF THAT, RIGHT NOW ON THIS AERIAL IT LOOKS LIKE NOTHING AND IF YOU GO OUT TODAY YOU WILL SEE A LOT OF CONSTRUCTION WITH THE NEW WASTEWATER TREATMENT FACILITY. STATE-OF-THE-ART. IT IS PRETTY AMAZING WHAT THEY ARE DOING. WHAT YOU CAN ALS SEE IS THAT THERE IS A LOT OF INTENSITY. USUALLY WHEN YOU SEE A LOT OF WHITE STUFF ON THE SITE THAT MEANS YOU HAVE AN EXISTING INTENSE INDUSTRIAL SITE. TO THE NORTH OF THIS SITE YOU CAN SEE ACROSS THE CANAL TO THE NORTH , YOU WILL SEE THE SITE FOR A LARGE CONCRETE BATCH PLANT. AND THEN SOUTH OF THE

[01:10:06]

SITE DOWN HERE THAT I AM CIRCLING WITH THE MOUSE, THAT IS ANOTHER CONCRETE PLANT AND AT THAT PLANT THEY MANUFACTURE CONCRETE FIXTURES. SO WE HAVE CONCRETE, GAS BURNING POWER PLANT, ALL THE SEWER IN FORT PIERCE AND ANOTHER CONCRETE PLANT TO THE NORTH. SO WHEN THE WASTEWATER TREATMENT FACILITY CAME IN FOR CONSIDERATION BEFORE THIS COURT AND BEFORE THE CITY COMMISSION, MY CLIENT SAID IT FEELS LIKE THINGS ARE CHANGING. THIS DOES NOT FEEL IDEALLY TO YOUR POINT LIKE THE IDEAL SPOT FOR LIGHT INDUSTRIAL WHICH HAS THOSE USES LIKE CATERING AND THINGS LIKE THAT. WHEN WE BUILD THESE IS A LIGHT INDUSTRIAL USER GOING TO WANT TO BE IN THE AREA? AT THE SAME TIME THEY UNDERSTAND HEAVY INDUSTRIAL USE CAN CREATE IMPACTS AND SOMETIMES ARE NOT PRETTY. OFTEN HEAVY INDUSTRIAL USE ARE NOT PARTICULARLY PRETTY. SO THEY WERE WILLING TO REALLY CONSIDER THE NEIGHBORS AND CONSIDER ADJACENCY TO THE ROAD AND SAY OKAY LET'S KEEP THE LIGHT INDUSTRIAL BECAUSE LIGHT INDUSTRIAL GENERALLY LOOKS BETTER AND OVER LONG-TERM IT LOOKS BETTER IN THE OTHER PARCEL THAT'S EXCLUDED THE LONG PARCEL HERE, THIS IS OWNED BY ST. LUCIE COUNTY AND THEY HAVE PLANS FOR A TRANSIT FACILITY. SO THEY SAID WE WILL KEEP THIS ONE NEXT TO THE COUNTY PARCEL LIGHT AS WELL, BUT WE WILL CREATE A STEP DOWN ZONING FOR MEDIUM INTENSITY.

INDUSTRIAL USE. THOSE WOULD BE THE USES MORE APPROPRIATE ADJACENT TO THE HEAVY INDUSTRIAL USES. SO, AGAIN WE HAVE AN APPROVED SITE PLAN. THIS IS APPROVED TODAY SO THEY CAN GO PULL BUILDING PERMITS. ALL THE TRAFFIC IS APPROVED, ALL THE IMPACTS ARE APPROVED AND EVERYTHING IS APPROVED. WE CAN TURN AROUND TODAY AND WALK OUT AND SAY AND SO WHEN MR. FREEMAN MENTIONED, WHEN THE DEVELOPMENT TO THE EAST , THERE IS ONE ENTRANCE THAT ALIGNS WITH ENERGY LANE. WHEN APPROVED WE WERE IN PROCESS KIND OF WAITING FOR THE NEW PLAN DEVELOPMENT STANDARDS AND WE WERE IN LINE WAITING TO COME FORWARD. WHEN I CAN I CAME TO THE CITY COMMISSION AND I SAID WE HAVE AN APPROVED SITE PLAN WITH APPROVED TRAFFIC IMPACT.

THEY HAVE CHOSEN TO ALIGN WITH OUR ENTRANCE. YOU ARE NOT REQUIRING THEM TO PUT IN A SIGNAL AND YOU KNOW WHERE THE TRAFFIC IMPACTS ARE, ALREADY APPROVED. WHAT WE DON'T WANT TO DO IS COME IN FOR THIS BETTER PROJECT AND THEN GO BACKWARDS ON TRAFFIC AND HAVE TO CONTRIBUTE TO SOMETHING THAT OTHER PEOPLE DID NOT HAVE TO CONTRIBUTE TO. I WOULD LIKE TO PUT THAT ON THE RECORD. AGAIN THIS AFTERNOON. SO THAT IS A CONCERN FOR US, THAT PIECE OF IT BECAUSE WE CAN BUILD IT TODAY. WE ARE TRYING TO DO THIS IN A WAY THAT BOTH PROTECTS THE FUTURE USERS FROM HEAVY DUTY IMPACTS THAT ARE ADJACENT TO US AND THE FACT THAT WE TRY TO DO THIS THROUGH PLANNED DEVELOPMENT WITH NUANCE AND DURATION OF USE TO BE A PROBLEM IN THE FUTURE. SO MY SLIDE HERE SHOWING THE HEAVIER USE WE HAVE AROUND US WHICH WE HAVE DISCUSSED ALREADY AND CONTEXTUAL CHANGES WHICH CREATES LIGHT INDUSTRIAL ON THE EASTERNMOST TWO PARCELS AND THEN MEDIUM INTENSITY INDUSTRIAL ON THE WESTERN PARCELS. SO, THE MID INTENSITY USE, A GREAT JOB WALKING THROUGH THOSE SO I'M NOT GOING THROUGH THOSE. ONE OF THE THINGS YOU WILL NOTICE IS WITH THE NEW PLAN DEVELOPMENT PROCESS THAT MR. FRIEDMAN HAS CREATED WE HAVE THE MASTER DEVELOPMENT PLAN BEFORE YOU TODAY AND THEN YOUR FINAL SITE PLAN WHICH IS WHAT HAPPENS AS

[01:15:04]

THE INDIVIDUAL PARCELS ARE READY TO BE DESIGNED FOR THE END USER. ONE OF THE THINGS YOU DON'T SEE IS ANY REQUEST TO WAIVE OR MAKE MORE LIBERAL ANY SETBACKS, LOT COVERAGE, HEIGHT, ANY OF THOSE THINGS WE ARE NOT ASKING FOR FAVORS BEYOND THE CODE ON ANY OF THOSE THINGS BECAUSE THIS PLAN DEVELOPMENT IS HERE EXCLUSIVELY TO ENSURE THAT THE RIGHT USE GOES IN HERE. WE ARE HAPPY TO FOLLOW CODE IN ALL OTHER WAYS.

BASICALLY THIS IS A PLAN DEVELOPMENT THAT'S A LIST OF USES. WE HAVE OUR TRAFFIC ENGINEER HERE AS WELL TO SPEAK TO THE TRAFFIC IMPACT, BUT WE DID CAREFUL ANALYSIS TO ENSURE THAT THERE WOULD BE NO NEW NET TRIPS AS A RESULT OF CHANGE OF USE. AS A GENERAL RULE OF THUMB MOST LIGHT INDUSTRIAL USES ARE HEAVIER TRAFFIC GENERATORS THAN HEAVY INDUSTRIAL USE. YOU DON'T HAVE AS MANY TRIPS COMING BACK AND FORTH. A LOT MORE CUSTOMER INTERACTION, USUALLY WITH LIGHT INDUSTRIAL.

A LOT MORE EMPLOYEES MOVING LITTLE THINGS AROUND. AND AS INDICATED THESE ARE THE MAIN CHANGES FOR MEDIUM INTENSITY.

THOSE KINDS OF USES THAT CREATE IMPACTS THAT COULD BE NOISE OR DUST OR VIBRATION, THOSE ARE THE USES THAT WOULD BE MORE APPROPRIATE FOR THOSE INTERNAL MEDIUM INTENSITIES. THAT IS THE END OF MY PRESENTATION AND I AM AVAILABLE FOR QUESTIONS. WE HAVE THE ENGINEER AND TRAFFIC ENGINEER HERE FOR ANY OF THOSE SMART PEOPLE QUESTIONS THAT YOU GUYS MIGHT HAVE.

>> THANK YOU.

>> OKAY JUST TO BE ON THE RECORD ALSO. I AM ALREADY BEHIND THE GAME WITH THIS BECAUSE WE ARE FLOODING AND I'M SAYING WE ARE WET. THESE ROADS , THEY ARE AN ISSUE SO I WOULD LIKE TO HEAR WITH THE TRAFFIC ENGINEER SAYS. YOU DON'T HAVE TO BE A TRAFFIC ENGINEER TO KNOW IT NEEDS TO BE REDONE AND QUIETER. WHAT WE'RE DOING EVERYWHERE ALONG THERE.

MY ISSUE IS NOT WITH YOU BECAUSE I LOVE THE IDEA, I LOVE THE LADY INSIGHT AND IT IS A GOOD PLAN DEVELOPMENT, THE OUTSIDE INFRASTRUCTURE WE ARE CONSTANTLY HAVING ISSUES WITH AND THAT'S MY BEEF ALL THE TIME WITH EVERYTHING WE ARE DOING IN THE COUNTY AND THE CITY AND THAT'S PROBABLYWHY I'M RUNNING FOR NEXT OFFICE, BUT IT IS THE INFRASTRUCTURE.

YOU CANNOT GET THE GRIP ON A PERSON WILL SAY YES, TWO WHAT YOU'RE PUTTING IN WORK WELL AND NOT HAVE ISSUES DOWN THE ROAD AND SAY NOW IT'S FALLING APART WE NEED TO DO SOME MORE SO WE ARE ON THE SAME TRACK I LOVE WHAT YOU GUYS ARE DOING WITH THIS AND I DON'T LIVE THAT FAR AWAY FROM THAT SO I'M NOT SCARED OF THAT. IT'S THE IDEA WHERE THE INFRASTRUCTURE

IS NOT WORKING OUT. >> A GREAT POINT AND I APPRECIATE THAT FOCUS I TOO LIVE IN FORT PIERCE AND HAVE GREAT CONCERN FOR THE QUALITY OF ROADS AND FOR THEIR CONDITION. AND TO BE ABLE TO HANDLE THE TRAFFIC THAT WE ARE CREATING. TO THAT END THAT IS THE INTENT OF IMPACT FEES, TO HANDLE THAT PROPORTIONAL IMPACT THAT OUR DEVELOPMENT HAS ON INFRASTRUCTURE. IT IS ALSO THE REASON THE COUNTY AND THE CITY AND THE CITY'S ADOPTED THE HAVE SENT INFRASTRUCTURE SURTAX SOMETIMES YOU DRIVE AROUND AND YOU'LL SEE THIS SURTAX PROJECT, INFRASTRUCTURE SURTAX SO THOSE ARE IMPORTANT THINGS TO DO, INFRASTRUCTURE SURTAX HANDLES THE IMPACTS OF OLDER LOCAL ROADS THAT NEED TO BE REDONE AND THE IMPACT FEE HANDLES THE EXPANSION OF ROADS THAT NEED TO BE DONE. THOSE ARE THE DIFFERENT POTS OF MONEY YOU CAN TAKE FOR THOSE THINGS. WHAT INDIVIDUAL DEVELOPERS HAVE TO BE RESPONSIBLE FOR IS THERE IMPACTS. IF WE CREATE IMPACTS REQUIRING SIGNAL LYSING OR REQUIRES A TURN LANE OR ANY OF THESE VARIOUS THINGS, THOSE ARE THE THINGS WE WOULD HAVE TO BUILD OUT OF OUR OWN POCKET IN ADDITION TO IMPACT FEES AND IN ADDITION , WHILE EVERYBODY PAYS THE SURTAX. THAT IS HOW THAT WORKS. WHAT STATUTE DOES LIMIT

[01:20:07]

IS REQUIRING A DEVELOPER TO PAY FOR PROBLEMS THAT ALREADY EXISTED. SO THAT'S THE PLACE WHERE IT GETS TRICKY SO, AVAILABLE FOR ANY OTHER QUESTIONS.

>> FOR THE RECORD THE CITY SURTAX INFRASTRUCTURE OVERSIGHT I SAT ON, I LOVE WHAT WE'RE USING USING THAT EXPERIMENT.

ESPECIALLY FIXING THE ROADS . MY ISSUE IS THE BIGGER ROADS MOST OF THEM ARE NOT COVERED BUT I WILL LEAVE IT AT THAT.

>> ANY OTHER COMMENTS FROM THE BOARD? SEEING NONE, ANYONE ELSE FROM THE PUBLIC SPEAKING ON THIS MATTER? WE WILL CLOSE THE PUBLIC PORTION. OPENING AGAIN TO THE BOARD.

NO OTHER COMMENTS OR ANY CONCERNS. WE WILL ACCEPT A MOTION AT THIS TIME.

>> MOVE FOR APPROVAL. >> SECOND.

>> PROPERLY MOVED AND SECONDED. PLEASE CALL THE ROLL.

[d. Conditional Use with No New Construction - Play Money Family Fun Center 2765 Peters Road]

>> OKAY NOW ITEM D. NEW BUSINESS CONDITIONAL USE WITH NO NEW CONSTRUCTION. PLAY MONEY FAMILY FUN CENTER, 2765 PLAY MONEY FAMILY FUN CENTER, 2765 PETERS RD.

>> GOOD AFTERNOON. PLANNING BOARD. BEFORE YOU WE HAVE A CONDITIONAL USE NO NEW CONSTRUCTION FOR PLAY MONEY FAMILY FUN CENTER AT 2765 AT 2765 PETERS RD. APPLICANT IS NAME ] PARCEL ID IS 23243110005 232431100050001. CONDITIONAL USE NO NEW CONSTRUCTION APPLICATION SUBMITTED FOR REVIEW PROPOSING TO OPERATE PLAY MONEY FAMILY FUN CENTER AT 2765 AT 2765 PETERS RD. 22 THROUGH 28. THE PROPERTY IN THE C3 GENERAL COMMERCIAL ZONING DISTRICT WITH FUTURE LAND USE DESIGNATION OF GENERAL COMMERCIAL. PROPOSED ALL GAMES ARE SET ONE FREE PLAY MEANING NO COINS OR CARDS. WRISTBAND FORMAT UNLIMITED PLAY TO GAMES LIKE PINBALL AND SKI BALL.

PERSICO CONDITIONAL USE , THE PURPOSE OF THE CONDITIONAL USE PROCESS IS TO ALLOW WHEN DESIRABLE, USES NOT APPROPRIATE GENERALLY OVER THE RESTRICTION THROUGHOUT THE PARTICULAR ZONING DISTRICT BUT WHICH IS CONTROLLED AS TO NUMBER AREA LOCATION OR RELATION TO THE NEIGHBORHOOD WOULD NOT ADVERSELY AFFECT HEALTH, SAFETY, COMFORT, GOOD ORDER, APPEARANCE, CONVENIENCE AND THE GENERAL WELFARE. HERE IS AREA LOCATION OF THE SITE. ZONING C3 GENERAL COMMERCIAL LAND USE , THE SITE AREA ITSELF 18.61 ACRES GIVE OR TAKE.

HERE IS EXISTING PHOTO PROVIDED BY THE APPLICANT OF THE PLAZA AS IT STANDS WITH SOME OF THE EXISTING BUSINESSES.

THE LOCATION OF THE BUSINESS WITHIN THE PLAZA AS WE SEE LAID OUT OPERATING PAIN NUMBERS 22 THROUGH 28 TAKING UP 13,600 FT.÷. IN THE PROPOSED BAY HIGHLIGHTED IN RED. SUBMITTED SITE PLAN BY THE APPLICANT. THE EXISTING LIGHTING PLAN

[01:25:11]

SUBMITTED BY THE APPLICANT. AS IT STANDS, THE PARKING LOT DIRECTLY IN FRONT OF THE BAY TO BE UTILIZED HAVE 5 FOOT CANDLES. HERE IS A NIGHT VIEW OF THE ELIMINATION THOSE 5 FOOT CANDLES WOULD PROVIDE.

HERE IS A PROPOSED FLOOR PLAN OF THE UNITS TO BE USED.

THERE IS A BREAK AREA, STORAGE, WAREHOUSE, PLAY AREA ASSEMBLY, THE PINBALL ROOM ASSEMBLY, OFFICE, BAR, CASHIER STATION AS WELL AS THE RESTROOMS. THIS IS A COLOR COORDINATED FLOORPLAN SUBMISSION BY THE APPLICANT. WHICH SHOWS ISOLATION OF THE PLAY AREA, THE STORAGE, THE BREAK AREA, BAR SIT IN, OFFICE AND THE POOL TABLE AREA.

SO HERE ARE SOME PHOTOS FROM THE EXISTING LOCATION IN THE NEIGHBORING COUNTY. A FEW PHOTOS PULLED FROM THE WEBSITE TO SHOW SOME OF THE GAMES BEING PROPOSED IN THE CENTER THIS FAMILY FUN CENTER.

CONDITIONS OF APPROVAL. NO GAME SHALL BE PLAYED BY PERSONS UNDER 18 YEARS OF AGE UNLESS EXCEPTION IS GRANTED BY SITTING COMMISSION. ALCOHOL SALES OR CONSUMPTION SHALL BE PROHIBITED IN AMUSEMENT ARCADESAND ARCADE CENTERS AND LESS EXCEPTION IS GRANTED BY CITY COMMISSION AND AMUSEMENT ARCADES OR ARCADE AMUSEMENT CENTERS SHALL NOT EXCEED 9000 FT.÷ UNLESS EXCEPTION IS GRANTED BY CITY COMMISSION. RECOMMENDATION FROM STAFF IS TO MOVE THE PROPOSED APPLICATION TO THE CITY COMMISSION WITH APPROVAL OF THREE PREVIOUS LISTED CONDITIONS. ALTERNATE RECOMMENDATION RECOMMENDING APPROVAL WITH ADDITIONAL CONDITIONS OR TO RECOMMEND DISAPPROVAL. THANK YOU.

>> THANK YOU. I WILL START WITH MY QUESTIONS. SO WE ARE VOTING FOR THEM TO APPROVE TO MOVE FORWARD WITH THE PROJECT TO THE COMMISSIONERS BUT WE DON'T GET TO VOICE OR OBJECT TO WHETHER OR NOT IT'S FOR ADULTS ONLY, THE ALCOHOL USE, AND THE SIZE ?

>> CHAIR, YOU CAN STILL MAKE RECOMMENDATIONS ON THESE

THINGS. >> YOU TO HAVE THE OPTION TO RECOMMEND APPROVAL WITH ADDITIONAL CONDITIONS.

STRUCTURE, THERE ARE OTHER CONDITIONS THAT SHOULD'VE BEEN ATTACHED. BECAUSE THEY ARE CODE RELATED AND I THINK THEY WERE PROVIDED TO THE APPLICANT. SPECIFIC CODE REQUIREMENTS RELATED TO TINTED WINDOWS. BIKE RACKS . I KNOW REGISTRATION REQUIREMENTS INCLUDED IN THE CODE THAT WOULD NEED TO BE

ADDRESSED. >> HOW MANY ADDITIONAL CODES ARE THERE? YOU LISTED THREE JUST NOW.

>> SO WITH THE UPDATE THERE WOULD BE 12 TOTAL CONDITIONS.

>> LET'S JUST GO THROUGH THOSE.

>> I FEEL VERY UNCOMFORTABLE RIGHT NOW WITH THIS.

>> WE HAVE ALREADY ADDRESSED ONE SO IT WON'T BE THAT MANY.

WE HAD A REQUIREMENT FOR CONFIRMATION THAT THE LANDSCAPE

[01:30:01]

PROPERTY IN COMPLIANCE WITH LANDSCAPE CODE. THAT COULD BE ACHIEVED BY AN EXAMPLE OF THE PLAN ALREADY APPROVED OR FROM A STATEMENT BY A LANDSCAPE ARCHITECT. THE CODE SAYS TINTED WINDOWS SHOULD NOT BE USED , BUT I KNOW THE APPLICANT HAS REQUESTED THAT THEY DO HAVE TINTED WINDOWS SO THAT WOULD NEED TO BE DISCUSSED THE PLANNING BOARD. OUR CONCERN IS WHAT DOES IT LOOK LIKE? WHAT'S THE MATERIAL? IS THERE ADVERTISEMENT PROPOSED ON THE GLASS. WE HAVE HAD ISSUES THROUGHOUT THE CITY WITH ARCADES BEING TOTALLY DARK FROM ADVERTISING ILLUMINATED AND NOT A GOOD LOOK. CONVERSELY, WE UNDERSTAND THE TYPE OF USE THAT IS BEING PROPOSED IS VERY SIMILAR TO A DAVE AND BUSTERS WHICH WE HAVE SEEN IN A NEIGHBORING CITY. SO WE WOULD LIKE MORE DETAILS OF THAT. SO, THERE IS A REQUIREMENT THAT GAMES SHOULD NOT BE VISIBLE , SO AGAIN , I THINK WE NEED MORE DETAILS ON THAT. WE HAVE SEEN THE LIGHTING PLAN WITHIN THE PRESENTATION AND I THINK THAT'S GOOD ENOUGH TO ACCEPT. THE CODE REQUIRES BICYCLE RACKS AND THE APPLICANT DOES NOT WANT TO PROVIDE BICYCLE RACKS. OTHER ACTUAL SPECIFIC . REGISTRATION REQUIREMENTS FOR THE FEE REGISTRATIONS, FEES FOR GAMES, POLICE DEPARTMENT, VETTING OF EMPLOYEES. REGISTRATION OF SERIAL NUMBERS AND IF ANYTHING CHANGES OUT, WE WOULD NEED TO BE INCLUDED IN THAT. NOW, THERE WAS A RECENT PROPOSED AMENDMENT TO THE CITY CODE REGARDING CONDITIONAL USE, BUT THAT WAS AIMED AT ALLOWING THIS TYPE OF USE WITHIN THE DOWNTOWN BUSINESS DISTRICT. WHICH DID NOT GO FORWARD BECAUSE THAT USE WITHDREW AND IT'S THE SAME USE THAT WANTS TO GO IN A DIFFERENT LOCATION. SO WE'VE GOT TO BE COGNIZANT OF EXISTING CODE AND WHETHER OR NOT THOSE PARTS OF THE EXISTING CODE ARE GOING TO BE REQUIRED FOR THE CONDITIONAL USE. I THINK THE APPLICANT HAS SENT A NUMBER OF, I HAVE AN EMAIL HERE RECEIVED TODAY ABOUT THEIR OPINION ON THE APPLICABLE HE OF THIS CODE. AS FAR AS STAFF ARE CONCERNED THE CODE EXISTS, ALL WE CAN DO IS MENTION THAT AND WE CANNOT VARY THAT WITHOUT THE PLANNING BOARD AND CITY COMMISSION.

>> THANK YOU. SO YES, NOT SIMPLE.

>> I AM A LITTLE TORN WITH THIS. I KNOW WE LIKE TO MOVE FORWARD AND HAVE FAMILY THINGS IN THE CITY FOR PEOPLE TO DO.

BUT I AM VERY UNCOMFORTABLE WITH WHAT HAS BEEN PRESENTED BECAUSE THERE'S A LOT OF QUESTION MARKS. I DON'T THINK IT WOULD BE FAIR TO THE APPLICANT OR THE PUBLIC TO SEND THIS FORWARD WITH ALL THOSE THINGS UNANSWERED. ANY OTHER

COMMENTS? >> QUESTIONS. ONE IS THE NAME FAMILY YET IT HAS TO BE OVER 18 KIND OF BOTHERS ME WHEN WE HAVE A SIGN THAT SAYS FAMILY FUN CENTER AND YOU CAN'T HAVE KIDS THEN IT'S NOT A FAMILY FUN CENTER. THAT IS ONE ISSUE THAT I HAVE. THE DOWNTOWN ONE HAD BEEN CALLED FAMILY AND THERE

WAS KIDS A LOT OF. >> THAT WOULD BE ACCOMPANIED BY A CODE CHANGE TO ADDRESS THOSE ISSUES , BUT SINCE THE

[01:35:05]

APPLICATION WAS WITHDRAWN THE CODE CHANGE DID NOT GO FOR

>> HE DID PRESENT AS ALLOWING CHILDREN.

>> THIS IS IN ESSENCE THE SAME PROPOSAL, WITH THE CITY CODE

THAT HAS REQUIREMENTS. >> I WAS WONDERING EITHER THE APPLICANT OR STAFF CHECKS THE PRIME RATE BEFORE AND AFTER THIS BECAUSE THAT AREA ALONE WE HAVE PROBLEMS , THAT'S A GIVEN WHEN YOU COME OFF THE TURNPIKE , THAT AREA FROM THE TURNPIKE THROUGH 25TH ST. I HAVE BEEN HERE 20 YEARS AND IT'S ALWAYS AN ISSUE IN THE AREA. I DON'T KNOW WHAT KIND OF , I DON'T KNOW THE WORD FOR IT. THAT WOULD EITHER HELP THE CRIME RATE OR MAKE IT WORSE. I WOULD THINK WE COULD GO TO A CRIME RATE AREA BEFORE AND AFTER FROM A NEIGHBORING COMMUNITY AND SEE THIS MAY BRING MORE CRIME RATE. I AM CONCERNED WITH THE IDEA OF PEOPLE HANGING OUT COMING OUT WITH MONEY AND HAVING ISSUES.

IT BRINGS PROBLEM PEOPLE. MY WIFE IS A CRIMINAL DEFENSE ATTORNEY. THIS IS A THING WE SEE ALL THE TIME AND IT BRINGS UP THE CRIME RATE IN MY OPINION BUT I DON'T HAVE THE FACTS THAT'S WHY I WAS WONDERING IF STAFF OR APPLICANT WOULD BE ABLE TO ANSWER THAT. AND THEN YOU SAID THERE IS OTHER NEIGHBORING COMMUNITIES THAT HAVE THIS BUT I WOULD LIKE TO SEE PICTURES FROM THE OUTSIDE WITH SCREENING OR FILM SO WE KNOW WHAT IT'S GOING TO LOOK LIKE FROM THE OUTSIDE INSTEAD OF JUST INSIDE AND SHOWING GAMES THAT REALLY DOES NOT HELP. IF ANYTHING IT'S NOT VERY EXCITING LOOKING. MY THE QUESTION I WOULD JUST THROW THESE OUT. LANDSCAPING , WOULD THEY BE REQUIRED TO TAKE CARE OF THE WHOLE PARKING LOT? IT'S A BIG PARKING LOT. SO WE HAVE A NICE PRETTY AREA THAT THEY PUT A LOT OF MONEY FOR TWO IT LOOK PRETTY BUT THE REST OF THE PARKING LOT LOOKS LIKE CRAP , WHAT ARE WE GAINING FROM THAT? I GUESS THAT WAS THE LAST, 12 CONDITIONS BOTHER ME. 12 CONDITIONS WHAT THE 12 HOUR I JUST ADDED FIVE THAT BOTHER ME.

>> THE 12 CONDITIONS HAVE BEEN MODIFIED BECAUSE THE CONDITIONS MR. FREEMAN READ OFF, SOME WERE INCLUDED SO WE ARE PROBABLY

LOOKING AT ABOUT NINE. >> WE DON'T HAVE IT FULLY FLESHED OUT WITH CONDITIONS SO I THINK THAT NEEDS TO BE

ADDRESSED. >> IN REGARDS TO THE ADDITION OF PHOTOS THE APPLICANT CAN TOUCH ON THIS TODAY BUT I WAS APPROACHED WITH UPDATED PHOTOS FROM THE INSIDE SEE YOU CAN GAUGE WHAT IT WOULD LOOK LIKE INSIDE AND OUTSIDE WITH THE TENT. THERE NOT PRESENTED IN THIS PRESENTATION BECAUSE THEY WERE PROVIDED TODAY. SO MAYBE THEY CAN GET PAST THE ROUNDS.

>> I HAD ONE MORE THING. WHAT WE TALK ABOUT ALL THE TIME, SAFETY AND GOOD ORDER AND GENERAL WELFARE. THE COMMUNITY IN THAT AREA NEEDS TO BE LIFTED UP AND I DON'T KNOW IF THIS WOULD BE SOMETHING THAT WOULD LIFTED UP. I WOULD HAVE LOVED TO SEE IT KIDS ARE ALLOWED AND IT WAS THAT CAN A PLACE AND THEN TURNING DOWN BICYCLE RACKS. THAT IS A THORN IN MY SIDE. JUST BEING ME, THANK YOU.

>> I HAVE ANOTHER CONCERN. THERE IS A SCHOOL DIRECTLY IN THE PARKING LOT WITH THIS ESTABLISHMENT AND TRYING TO HAVE A FAMILY FUN CENTER THAT DOES NOT ALLOW KIDS THAT'S A LOT OF MISDIRECTION. THAT'S WHY I OPEN WITH MY QUESTION OF IS THAT SOMETHING WE CAN ADDRESS OR DOES IT GO TO COMMISSION TO LET THEM ADDRESS IT? FOR ME PERSONALLY IF IT'S NOT ADDRESSED AT THIS LEVEL WE ARE NOT STATING WHAT WE WANT AND FOR ME TO HAVE A SCHOOL IN THE AREA AND HAVE THE ADULT ONLY GAMING CENTER SENDS THE WRONG SIGNAL. THAT'S MY PERSONAL EXPERIENCE. NOT TO SAY YES OR NO JUST THERE'S A LOT

[01:40:02]

OF UNANSWERED QUESTIONS AT THIS POINT FOR ME. ANYONE ELSE? SEEING NONE, OTHERS FROM THE BOARD WILL ASK THE APPLICANT TO STEP FORWARD.

>> CHAIR AND MEMBERS OF THE BOARD MY NAME IS HAVE FOUND THE LOCATION FOR THE APPLICANT. THAT IS THE APPLICANT RIGHT HERE WHO OWNS PLAY MONEY AND I BROUGHT WITH

ME THE OWNER OF THE PLAZA. >> PLEASE SPEAK INTO THE

MICROPHONE >> I AM NOT SURE WHERE WE KEEP COMING UP WITH THE DISCONNECT HERE. EVEN IT BEING MENTIONED THAT CHILDREN ARE NOT ALLOWED IN THE FACILITY IS MIND-BOGGLING TO ME. THIS ALL STARTED OUT WHERE WE DID HAVE SPACE IN THE ORANGE BUILDING THE 111 BUILDING. UNFORTUNATELY THE OWNER CANNOT COME UP WITH A LEGITIMATE LEASE. WE WANTED NOTHING MORE THAN TO BE IN THE BUILDING. FEBRUARY 5 WE WENT IN FRONT OF THE COMMISSIONERS AND EVERYONE AGREED WHAT A WONDERFUL SPACE THIS WOULD BE. WE HAVE IT IN STUART, FLORIDA NOW. I BRING MY TEENAGERS THERE. AT THIS POINT I AM DROPPING THEM OFF DURING THE SUMMER. IT'S A FREE PLAY AREA 20 BUCKS, THEY GET IN, THERE IS NO TICKETS SO MY SON IS NOT SPENDING ALL OF MY MONEY, YOU KNOW. SO THIS IS ACTUALLY, AND I HAVE HERE JUST THE COMMUNITY COMING TOGETHER TO SAY HOW THIS IS , IT IS GREAT TO HAVE PINBALL AND SKI BALL, THERE IS NOT ONE GAMBLING THING IN THERE. THIS IS AN ACTUAL FAMILY FUN ACTIVITY LEVEL. IT IS THE WHOLE NO CHILDREN, I DON'T EVEN KNOW WHY THAT WOULD BE SAID.

>> THE CITY IS MAKING IT A CONDITION?

>> IT HAS TO BE A CONDITION BECAUSE THE CODE SAYS.

>> I DO APOLOGIZE FOR THAT. MAYBE THIS IS WHERE WE ARE HAVING CONFUSION. FEBRUARY 5 WE DID HAVE A MEETING. IF YOU LOOK AT THE 2011 ORDINANCE STATUE 849 THIS IS TOWARD GAMBLING.

THESE ARE THE THINGS. ANYONE UNDER 18 CANNOT GO TO GAMBLING FACILITY. IN 2019 HOUSE BILL 641 STATUTE 546.10. FAMILY AMUSEMENT GAMES ACT, THAT'S HOW DAVE AND BUSTERS COULD GO INTO PORT ST. LUCIE. THAT'S HOW YOU HAVE CHUCK E CHEESE AND THAT'S WHAT THEY ARE. WE FOUND THIS FACILITY IN THAT AREA IT IS COMPLETELY CHANGED. WE WENT AND PUT SOMETHING OVER THERE FOR THE SIGN HAS A LENGTHY LEASE. BECAUSE AFTER THIS IS APPROVED AND I GO FIND THE SMALLER SPACE DOWNTOWN AND KEEP GROWING. THE THOUGHT, I WON'T GET ON THAT BECAUSE IT'S BEEN SO HARD FOR US, WE JUST WANT TO EXPLAIN WE ARE NOT THESE THINGS, YOU CAN SEE IN THE FRONT HERE, IT HAS A LITTLE PAC-MAN AND EVERYTHING. AND ON THE INSIDE YOU CAN SEE THROUGH

IT. >> IF I WOULD'VE KNOWN, BECAUSE EVERY TIME I BRING IT UP AND COME TO THE CITY IT'S LIKE THAT SOUNDS GREAT AND THEN I MEAN TO MAKE A STATEMENT THAT UNDER 18 IS NOT ALLOWED IN A PINBALL VIDEOGAME TYPE OF PLACE IT JUST BLOWS MY MIND. THE OWNER OF THE PLAZA HAS ALREADY POKEN WITH MANY POLICE OFFICERS BECAUSE THERE'S NOTHING THEY WANT MORE THAN SAFETY IN THE PARKING LOT.

TESLA HAS CHARGING STATIONS NOW , THEY JUST PUT ALL OF THOSE NEW CHARGING STATIONS IN THERE. THE WHOLE AREA IN THE MIDDLE OF 95 AND THE TURNPIKE IS BEING DEVELOPED BEAUTIFULLY. I THINK THIS WOULD BE A GREAT THING FOR THE CITY TO HAVE SOMETHING FOR FAMILIES TO BE ABLE TO DO TOGETHER. BECAUSE WHEN I GO I DO ENJOY MY GLASS OF WINE WITH MY KIDS AS I'M PLAYING PINBALL AND JURASSIC PARK AND THOSE THINGS. IT KEEPS ME THERE FOR SURE, BUT IT IS JUST LIKE DAVE AND BUSTERS. JUST LIKE CHUCK

[01:45:01]

YOU CHEESE. EXACTLY LIKE THAT. WHEN WE WENT IN FRONT OF THE COMMISSIONER ON FIFTH, IN FRONT OF THE COMMISSION THIS WAS ALL DISCUSSED ON HOW THEY WERE OKAY WITH THIS, BUT THEN WHEN I GET OVER TO PLANNING, I DON'T UNDERSTAND HOW WE ARE BEING MISREPRESENTED IN ANY WAY. ACCORDING TO THESE STATUTES AND BEING A FACILITY THAT YOU PAY ONE PRICE , THE STATUE IT IS GAMEPLAY AREA. WHEN I WAS YOUNGER , MY PARENTS WOULD GIVE ME PLAY MONEY TO GO OVER TO THE ACTUAL ARCADE. THIS HAS BEEN VERY TOUGH BECAUSE OF THE GAMBLING , BUT THERE IS 100%, YOU DON'T EVEN GET TICKETS. YOU CAN'T WIN ANYTHING. WHAT YOU CAN DO IS HAVE AN AFFORDABLE PLACE FOR YOUR FAMILY. WE WOULD LIKE TO START THERE AND I WILL FIND A PLACE DOWNTOWN TO WHERE WE CAN HAVE A LEGITIMATE LEASE BECAUSE THAT WAS NOT GIVEN TO US. WE WERE ALREADY IN THE WORKS OF HAVING THIS STATUTE COMPLETELY CHANGED FOR US TO BE IN THERE. AND THEN I HEARD IT STOPPED SO WHAT'S GOING ON? SO I'M LIKE OKAY MR. FREEMAN THEN SAID GO DO THE CONDITIONAL USE. I WAS ON THE FLOOR IN CITY HALL MAKING SURE YOU GUYS GOT EVERYTHING YOU NEEDED SO IT COULD BE UNDERSTOOD. I JUST THINK THIS WOULD BE ABSOLUTELY GREAT FOR THE CITY. I HAVE HERE, THE PUBLIC GOING ON AND ON ABOUT HOW THEY WOULD LOVE THIS IN THE CITY AND HOW THEY LOVE BRINGING THEIR KIDS. SO THE WHOLE DISCONNECT IS DISHEARTENING AND I WANT TO SEE, ESPECIALLY IN THE BEAUTIFUL PLAZA IN THE MIDDLE WHERE PEOPLE ARE COMING AND GOING BY ON 95 AND THE TURNPIKE TO HAVE SOMETHING TO CHECK PEOPLE TO THE CITY. AND JUST BECOME A FIXTURE.

>> MR. FREEMAN. >> BELIEVE ME, STAFF WOULD LIKE TO BE IN A POSITION TO APPROVE THIS WITHOUT CONDITIONAL USE, WITHOUT TO WHERE THE CONFLICT CODE THAT WE HAVE AND THE ORDINANCE AT THE MOMENT. IF YOU LOOK ON SCREEN NOW, WHERE WE ARE, IN THE TABLE OF USE. QUITE CLEAR, ARCADE AND AMUSEMENT CENTER, AMUSEMENT ARCADE IS CONDITIONAL USE IN C-3 ZONING.

STAFF HAS HAD WITH CITY ATTORNEY FOR A NUMBER OF WEEKS AMENDMENTS TO THIS PARTICULAR TABLE WHICH WE WOULD BE DEFINING THE FAMILY ENTERTAINMENT CENTER. SO WE HAVE TWO PIECES OF CODE IN THE THE MOMENT WHICH NEED TO GO THROUGH THE PROCESS. LEGAL ARE SHORTSTAFFED SO THEY HAVE BEEN ON HOLD FOR YOU WHILE ONE WOULD BE THE AMENDMENT TO THIS TABLE IN FRONT OF YOU AND IT WOULD PUT IN THERE THE DEFINITION OF FAMILY ENTERTAINMENT CENTERS. THE OTHER PIECE OF CODE IS TO GO INTO THE DEFINITIONS PIECE OF THE CODE WHICH WOULD DEFINE WHAT A FAMILY ENTERTAINMENT CENTER WOULD BE AND THEY WOULD MAKE IT PERMITTED USE IN THE C-3 ZONING DISTRICT. WE WERE JUST CAUGHT UP IN TRYING TO GET THE CODE CHANGED, THE APPLICATION WAS WITHDRAWN, THE PRIORITY TO DO THAT HAS DROPPED DOWN THE LIST. UNFORTUNATELY, THE APPLICANT HAS BEEN CAUGHT IN THAT VOID IN THE MOMENT. SO WE HAVE TO STEP BACK AND SAY THIS IS THE CODE , THE CONDITIONAL USE IS THE ONLY WAY AT THE MOMENT YOU COULD MAKE PROGRESS BUT YOU WOULD HAVE TO ASK FOR SOME EXCEPTIONS. ONE OF THOSE WOULD BE TO ALLOW CHILDREN TO USE THE PREMISES. CAN YOU PULL UP THE EXCEPTIONS THAT YOU HAD ON? THE EXCEPTIONS THAT YOU RECOMMENDED. SO THE EXCEPTION WOULD BE SUPPORTED BY THE PLANNING BOARD TO GO TO CITY COMMISSION TO ALLOW PERSONS UNDER 18 TO BE ABLE TO PLAY. THE EXCEPTION, THE PLANNING BOARD WOULD MAKE THE

[01:50:06]

RECOMMENDATION TO ALLOW SALES AND CONSUMPTION OF ALCOHOL ON SITE. THE EXCEPTION BROUGHT FORWARD TO MOVE TO CITY COMMISSION WOULD BE TO ALLOW THE INCREASE IN THE MINIMUM 9000 FT.÷ TO BE INCREASED WHICH WOULD BE RECOMMENDATION TO THE CITY COMMISSION. THAT WOULD BE CONDITIONAL USE. DOES THAT MAKE

MORE SENSE? >> A LOT MORE.

>> AT THE SAME TIME THERE WERE OTHER PIECES OF THE CODE THAT WE WOULD NEED TO ENSURE WE WERE NOT IN CONFLICT WITH BECAUSE THEY WILL BE BROUGHT UP TO THE CITY COMMISSION AND I DID NOT WANT IT TO GO FROM HERE. WITHOUT THE PLANNING BOARD EITHER MAKING SOME RECOMMENDATION ON THOSE THINGS OR ADVISING THE APPLICANT IN THE DIRECTION TO FIGURE THESE THINGS OUT. I HAVE MET WITH THE APPLICANTS ON NUMEROUS OCCASIONS WHEN THEY WANTED TO COME DOWNTOWN. I WAS INSTRUCTED BY CITY COMMISSION TO CHANGE THE CODE, TO BE ABLE TO FACILITATE. WHEN THAT WENT AWAY I THINK THE PRIORITY TO CHANGE THE CODE WENT WITH IT. IT IS STILL IN PROCESS OF BEING CHANGED. I CANNOT DO ANYTHING UNTIL THAT COMES OUT AND THE PLANNING BOARD COMES AND IS PRESENTED TO THE PLANNING

BOARD. >> THOSE CHANGES WERE FOR THE DOWNTOWN OVER THE ONLY NOT FOR THE CITY OF FORT PIERCE.

>> SINCE THAT WENT AWAY I AM ENDED THE PROPOSAL TO LOOK AT C-3 ZONING AND THE DEFINITION OF INDOOR FAMILY ENTERTAINMENT CENTERS BECAUSE OF THE STATE STATUTE CHANGES WE EXPERIENCED.

UNFORTUNATELY AS I KEEP SAYING , THE CODE AS WE HAVE IT NOW, I AM NOT PERMITTED TO APPROVE IT WITHOUT SOME EXCEPTIONS BEING GRANTED BY THE PLANNING BOARD AND THE CITY COMMISSION. SO I APOLOGIZE TO THE APPLICANT FOR THE CONFUSION. BUT WE ARE IN A TRANSITION POINT AND THEY HAVE BEEN CAUGHT IN THE MIDDLE.

>> THANK YOU. STATE YOUR NAME AND PLEASE SEND AN.

>> GOOD AFTERNOON I SEND IN. MY NAME IS OWNER OF THE PROPERTY. ALSO FOR BACKGROUND AND THE PRESIDENT OF THE TREASURE COAST RESEARCH CORP. ASSOCIATION AND THE KINGS HIGHWAY CORRIDOR ASSOCIATION WHICH IS MADE UP OF ALL THE PROPERTY OWNERS FOR THE PART OF THE CITY. ALSO MEMBER OF THE ECONOMIC DEVELOPMENT COUNCIL AND FOR YEARS I MANAGED ORANGE BLOSSOM AND I COULD TELL YOU WHERE ORANGE BLOSSOM WENT BAD.

IT ALL HAD TO DO WITH POLICE AND SECURITY. AND WE WILL NOT HAVE THIS PROGRAM WITH THIS PROPERTY. I AM SPEAKING TO THE CHIEF OF POLICE, MAKING SURE DAY ONE WE HAVE TONS OF SECURITY. THAT THE GANGS AND OTHER PEOPLE KNOW THIS IS NOT THE PLACE TO HANG OUT, BUT ALTERNATIVELY WE ARE GIVING PEOPLE SOMETHING ELSE TO DO AND A PLACE TO GO THAT IS HEALTHY SO THEY DON'T HAVE TO GO DOWN TO PORT ST. LUCIE OR VERO BEACH TO GET THIS DONE. WITH WHAT I'M DOING OUT WEST WE ARE WORKING ON THIS LIVE, WORK AND PLAY ENVIRONMENT. THERE IS NO HOUSING GOING ON, AFFORDABLE HOUSING ON PRUITT ROAD , THERE IS ONE NEW PROJECT GOING ON. THERE IS LOADS OF HOUSING GOING INTO THE AREA. WE HAVE ABOUT 4,000,000 FT.÷ OF EMPTY INDUSTRIAL. SOME PEOPLE WITH DEEP POCKETS WANT TO BUILD THESE BUILDINGS. WHY DID THEY WANT TO BUILD THE BUILDINGS, ARE ALL THESE PEOPLE CRAZY? THEY ARE NOT CRAZY, THERE IS DEMAND AND AT MY BOARD MEETING LAST MONTH I WAS TOLD THERE ARE PROPOSALS OF 2 MILLION TO 3,000,000 FT.÷ WHICH IS REALLY EXCITING. SO WHAT WILL HAPPEN IN THE CITY? BRING THE JOBS IT BRINGS THE HOUSING AND THE PEOPLE BUT YOU ARE MISSING ONE ELEMENT, THE PLAY. THEY HAVE TO GO ELSEWHERE FOR RESTAURANTS, THEY HAVE TO GO ELSEWHERE FOR AMUSEMENT. WE WANT THAT HERE IN FORT PIERCE. SO THAT IS MY TAKE ON THE AREA. I KNOW IT WELL AND I DON'T KNOW IF YOU HAVE BEEN THERE LATELY. UP BY 95 I GET COMMENDED ALL THE TIME BECAUSE I HAVE OWNED THE PROPERTY SINCE 2003, COMPLETELY EMPTY, KEPT IT PAINTED, LANDSCAPE, LOOKING

[01:55:04]

NICE. I WORKED WITH PAUL WILLIAMS YOUR ARBORIST FOR THE CITY. I MEET EVERY LANDSCAPE CODE OR EXCEED IT. WE PUT IN NEW TREES FIVE OR 10 YEARS AGO. LANDSCAPE IS PERFECT. I KNOW IT IS NOT TODAY'S CODE BUT WHEN WE BUILD IN 84 IT MET THE COAT OF 84. I KNOW WE ARE IN COMPLIANCE. I THINK THE ISSUE THAT WE REALLY HAVE IS THEIR CODE WRITTEN AND THE CODE WAS WRITTEN PROPERLY, IT WAS WRITTEN SO WE DID NOT HAVE GAMBLING ESTABLISHMENTS IN THE CITY. TRY TO SCARE THEM OFF. I THINK THERE NEEDS TO BE A DIFFERENTIATOR BETWEEN FAMILY ENTERTAINMENT AND ARCADE. YOU HAVE THE COUNTY, CLOSING EVERY SINGLE ARCADE. YOU CANNOT GO INTO PLAY MONEY, PUT A QUARTER IN THE MACHINE AND WIN , YOU CANNOT WIN ANYTHING. YOU CAN'T EVEN PUT MONEY IN A MACHINE THIS IS FREE PLAY. SO A PARENT BRINGS THE KIDS, SPENDS $20 TO GET IN, PLAY FOR AS LONG AS THEY WANT AND THEN LEAVE. THAT'S THE WHOLE PLAN. THEY DO KNOW THAT THE ADULTS AND AT NIGHT WE PROBABLY HAVE MORE ADULTS, AND THE DAY MORE KIDS AND ADULTS LIKE WINE AND THEY WANT TO OFFER THAT BEER AND WINE AT THE PROPERTY. WE DISCUSSED BICYCLE RACKS WAS ONE OF THE ITEMS. THIS PLACE WILL HAVE APPROXIMATELY 200 VIDEOGAMES, PINBALL MACHINES, SKI BALL MACHINES, 200 GAMES TO PLAY. THEY WOULD NEED ONE BIKE STALL FOR EACH FIVE GAMES SO YOU WOULD NEED 40 BIKE STALLS FOR THE CODE. A LITTLE BIT OF OVERKILL ESPECIALLY CONSIDERING YOUR 95 TO THE EAST, THE TURNPIKE TO THE WEST WITH NO RESIDENTIAL NEARBY. THERE MIGHT BE SOME PEOPLE RIDING BIKES.

THERE COULD BE, BUT WE DON'T SEE MORE THAN MAYBE FIVE BIKE STALLS NEEDED . WE WILL DO WHATEVER YOU FEEL IS RIGHT BUT I DON'T THINK WE NEED MANY MORE OF THOSE. THE SPACE FACES EAST, THE SUN COMES RIGHT IN THE WINDOW, EVERY SPACE IN MY PROPERTY HAS TINTED GLASS. THERE IS NOT ONE WITHOUT TENT.

WE WOULD HAVE TO REMOVE THE TENT, THE PLACE WOULD HEAT UP AND IT DOES NOT SEEM LOGICAL TO DO THAT. NOW THEY ARE DOING BEAUTIFUL TENT WITH PAC-MAN AND GAMES AND THINGS LIKE THAT ON THE TENT OUTSIDE SO PEOPLE KNOW IT IS FAMILY FUN ENTERTAINMENT.

FROM THE INSIDE IT IS COMPLETELY CLEAR. IT IS NEAT HOW THEY DO THAT. THE COMIC BOOK PLACE GOT THAT APPROVED AND THEY HAVE THAT, REALLY NICE LOOKING. AS YOU KNOW WE RECENTLY DID 40 T SUPERCHARGER STATIONS THAT SHOULD BE OPENING UP THIS WEEK. PEOPLE WHEN YOU PARK YOUR CAR THERE'S NOTHING TO DO. YOU CAN GO INTO GOODWILL OR BRAVO OR GO TO PLAY MONEY.

IT TAKES HALF AN HOUR TO ONE HOUR TO CHARGE HER CAR SO PEOPLE HAVE TIME ON THEIR HANDS. AND THEN ME AND THE POLICE DEPARTMENT , VETTING OF EMPLOYEES. UNDERSTANDING THIS IS NOT A GAMBLING ESTABLISHMENT. THE OWNERS DO VET THE EMPLOYEES, BUT MOST EMPLOYEES ARE KIDS WORKING MINIMUM WAGE OR MAYBE A LITTLE BIT OVER, BUT MOSTLY KIDS WORKING OUTSIDE OF THE OWNER AND A MANAGER OR TWO. THE INCOME IS DERIVED BY THE $20 FEE, NOT PER MACHINE SO NOBODY IS PUTTING QUARTERS AND THE MACHINES. SO YOU CAN TAX $20 THAT SOMEBODY PAYS FOR ADMISSION BUT YOU CANNOT TAX EACH MACHINE INDIVIDUALLY BECAUSE THERE IS NO INCOME FROM EACH MACHINE INDIVIDUALLY. THAT WAS ANOTHER CONDITION THAT DID NOT SEEM TO MAKE ANY SENSE. THE POLICE DEPARTMENT WOULD LIKE A

[02:00:04]

REGISTRATION SERIAL NUMBER OF EVERY MACHINE. I BELIEVE THAT ALSO CAME ABOUT BECAUSE OF THE ONE ARMED BANDITS , THAT PART OF THE LAW, I DON'T THINK THEY CARE ABOUT SERIAL NUMBERS AND REGISTRATION OF PINBALL MACHINES AND SKI BALL. THE PROBLEM IS WE HAVE A CODE THAT IS WRONG FOR THIS USE SO THE SMARTEST THING WOULD BE TO CHANGE THAT WHICH TAKES A LONG TIME, WE'RE TRYING TO GET IT OPEN FOR THE SCHOOL SEASON. WE WOULD RESPECTFULLY LIKE TO SEE CONDITIONAL USE GIVEN FOR THE PROJECT. WHILE I THINK YOU SHOULD BE WORKING ON CHANGING THE CODE A FAMILY ENTERTAINMENT VERSUS ARCADES. THAT'S ABOUT IT. DAVE AND BUSTERS OPENED LAST WEEK, 30,000 SQUARE LAST WEEK, 30,000 FT.÷. PARKS PACKING LOT DOING GREAT BUSINESS. THIS IS A MINI DAVE AND BUSTERS. WHEN I TAKE MY KIDS TO DAVE AND BUSTERS WE ARE SPENDING ABOUT $50 A HEAD IN THE GAME ROOM, THEN I WANT TO SUCK THE MONEY OUT OF YOUR. SO HERE YOU ARE SPENDING 20 AND IT'S GIVING YOU LOCAL PEOPLE WHO CAN GO. IT GIVES THE ALTERNATIVES TO THE NEIGHBORHOOD. I CANNOT SEE HOW IT WOULD HURT AND I WOULD LOVE TO ANSWER ANY QUESTIONS.

>> FIRST WANT TO START OFF WITH I THOUGHT I DID DUE DILIGENCE BEFORE COMING HERE WITH EVERYTHING AND HAD SOMETHING IN MY HEAD, BUT I ALSO HAD QUESTIONS BEFORE YOU MAKE A DECISION. I APPRECIATE WHAT BOTH APPLICANTS HAVE SET AND IT DOES CHANGE MY VIEW. I WISH I WOULD HAVE UNDERSTOOD WHAT STAFF DID PUT IN AS FAR AS AGE 18. I REMEMBER IT WAS GOING TO BE KIDS DOWNTOWN AND I WAS IN THE DISCUSSION SO I DID NOT REALIZE THE BACKGROUND , WE HAD TO CHANGE THE CODE TO MAKE IT WORK, BUT I'M GLAD I POINTED THAT OUT. ONE THING I WAS BOTHERED WITH WAS ON THE ADULTS AND I WAS WORRIED IT WOULD BE A GATHERING OF ADULTS SO FORGET KIDS IN THERE I AM ALL FOR IT.

I LIKE THAT SET UP SO I DID LIKE THAT IDEA. I DO SEE THE CHANGE IN THAT PARKING LOT. I MAY HAVE SOUNDED NEGATIVE, BUT OVER 20 YEARS IT HAS COME BACK UP I USED TO BUY FURNITURE OUT THERE WHEN IT WAS OFFICE FURNITURE. SO THE BIKE RACKS, 40 SOUNDS RIDICULOUS. SO I WOULD LIKE TO SEE YOU COME TO SOMETHING LIKE MAYBE EVEN 10 OR SOMETHING LIKE THAT. SOMETHING SO KIDS CAN DO IT SO THE BIKES ARE NOT LAYING ON THE GROUND.

I VOTED NO ON THE PLANNING BOARD FOR DOWNTOWN AND I THINK I WAS THE ONLY ONE WHO SAID NO. MY ISSUE WAS WITH THE LANDLORD BECAUSE I BROUGHT UP SECURITY AND I SAID IS SOMEBODY GOING TO BE THERE , ANY KIND OF SECURITY FOR THE KIDS PLAYING ALL DAY LONG? I DON'T WANT A GROWN MAN SELLING DRUGS WERE ALL THE KIDS ARE, JUST SOMEBODY OVERLOOKING. SO HIS ANSWER WAS NO I AM NOT RESPONSIBLE FOR THAT AND I'M NOT WORRYING ABOUT THAT. SO SECURITY YOU BOTH RODDED UP AND IT'S GREAT. THAT WAS MY BIGGEST HEARTBURN, GLAD TO HEAR THAT ON THE TABLE FOR

DISCUSSION, >> SECURITY , FORT PIERCE POLICE HAVE BEEN TALKING WITH ME ABOUT DOING A SUBSTATION IN MY PROPERTY. FORTUNATELY FOR ME I AM 100% LEASED FOR THE FIRST TIME IN 20 YEARS. I OFFERED THEM A LITTLE OFFICE WHERE MY OFFICE IS THEY COULD BE NEXT-DOOR BUT THEY SAID WE WANT TO BE MORE VISIBLE. THEY ARE LOOKING TO DO A SUBSTATION SOMEWHERE IN THE MARKET. THEY UNDERSTAND THE NEED TO BE THERE, THE HOUSING IS COMING AND THEY WILL BE THERE. WE ALL KNOW IT IS VERY IMPORTANT. POLICE ARE VERY IMPORTANT TO

US. >> SO THANK YOU FOR THAT.

CLEARING UP. >> ANY OTHER QUESTIONS?

>> ANYONE ELSE? THANK YOU. OKAY MR. FREEMAN. HOW DO WE GET ALL

OF THESE CONDITIONS PROPERLY? >> I DO HAVE AN IDEA NOW.

THE ARCADE CONDITIONAL USE. RIGHT. ALL RIGHT OKAY, ARCADE.

[02:05:18]

) RIGHT, LET'S HAVE A LOOK. SO ESSENTIALLY WE ARE ASKING FOR EXEMPTIONS TO SECTION 1, -- 125- 325 GENERAL OPERATING STANDARDS, DESIGN STANDARDS AND PERMITTING REQUIREMENTS. THAT WOULD ADDRESS ALL OF THE OUTSTANDING ISSUES THAT RELATE TO ARCADES AS DESCRIBED. SO INSTEAD OF HAVING SPECIFIC EXEMPTIONS WE ARE LOOKING TO EXEMPTIONS FOR THIS PART OF THE

CODE. >> IS THAT INCLUDE THE BIKE

RACKS? >> SO YOU COULD ASK FOR EXEMPTIONS FOR THESE AND THEN ADD WHATEVER YOU WANT TO SEE

INSTEAD. >> HOW MANY BIKE RACKS WOULD THEY BE REQUIRED BASED ON SQUARE FOOTAGE, NOT THE CODE OF

PARKS? >> 50.

>> IT SEEMS MORE SENSE TO HAVE BETWEEN FIVE AND 10. 10 WOULD SOUND LIKE A LOT TO ME, BUT FIVE.

>> FIVE SEEMS SMALL TO ME. I THINK 10 WOULD BE MORE

REALISTIC. >> I THINK 10 IS FINE. A RECOMMENDATION.

>> ADD THAT AS ONE OF THE CONDITIONS LISTED. 10 BIKE RACKS. AND BEFORE I CLOSE THE PUBLIC PORTION I KNOW WE HAVE THIS EMBRYOS CONVERSATION. ANYONE ELSE IN THE PUBLIC WHO WANTS TO SPEAK TO THIS MATTER? ALL RIGHT.

>> CHILDREN. IT BLOWS MY MIND. I CAN'T EVEN TELL YOU HOW MANY GROUPS WE HAVE COMING FROM YMCA, WE BRING IN COUNTY RECREATION, WEST PALM BEACH RECREATION. THEY TAKE A GREYHOUND BUS OF 70 KIDS TO PLAY MONEY DURING THE DAY AND THE SAME WITH WEST PALM BEACH. PALM BEACH GARDENS, THE TAKE GROUPS. 12 FIELD TRIPS ARE BOOKED WITH THESE KIDS.

AMAZING, THE COUNTY LOVES US BECAUSE WE BRING WEST PALM MONEY INTO THE COUNTY. WE DON'T EVEN SELL FOOD . WE HAVE A PIZZERIA PLACE A MOM AND POP PIZZERIA WHERE THEY ORDER FOOD AND THEY EAT AT PLAY MONEY DURING THE FIELD TRIP OR BIRTHDAY PARTY. WE BUILT 12 TO 16 BIRTHDAY PARTIES A MONTH AND HAVE A GOOD BAKERY , THEY GO ORDER BIRTHDAY CAKES FOR BIRTHDAY PARTIES. SO THE WAY EVERYTHING WAS EXPLAINED BLOWS MY MIND. THE TOTAL OPPOSITE OF WHAT WE ARE AND WHAT WE DO AND WHAT WE DO FOR THE COMMUNITY. WE ARE A GREAT CONTRIBUTOR.

DOING THIS FOR FREE ALL THE TIME ME AND MY WIFE. THE CENTER ON THE TREASURE COAST. WE RUN A NONPROFIT PANIC FOR FREE BUT WE COVER 100% BECAUSE OF PLAY MONEY AND THINGS WE CAN DO FOR THE COMMUNITY ALSO. SO WHAT WAS EXPLAINED AND HOW DIRTY PLAY MONEY SOUNDED LIKE IN THIS ROOM HURTS ME BECAUSE WE ARE THE TOTAL OPPOSITE. MY WIFE, MY DAUGHTER , THEY WORK FOR ME, MY BROTHER-IN-LAW. IT IS UPSETTING AND IT HURTS, THE WORK WE PUT INTO IT , JUST TRYING TO DO SOMETHING ELSE AND IT BOTHERS ME BAD . EVERYTHING WAS EXPLAINED. I FEEL LIKE I JUST GOT IT FROM THE SITE WITHOUT EVEN KNOWING. ESPECIALLY WHAT WE ARE AND WHAT WE DO FOR COMMUNITIES AND KIDS AND IF YOU

[02:10:04]

DON'T FIT IN, WE HAVE A PLACE TO GO FOR YOU. IF YOU'RE 16 YOU CAN GO TO THE BARS OR 18 WOULD YOU GO? MOVIES BY YOURSELF? DO YOU GO BOWLING BY YOURSELF? YOU GO TO PLAY MONEY AND PLAY VIDEO GAMES LIKE A STATION, XBOX, RACECAR GAMES, BASKETBALL, AIR HOCKEY. THAT'S WHAT HAPPENED, EVERY DAY, EVERY WEEKEND. WE CHARGE A FLAT FEE SO RICH OR POOR YOU PLAY THE SAME AMOUNT. AS THAT GET OVER THERE BECAUSE YOU ARE ALL THE SAME. KNOW BETTER AND NO WORSE. THAT'S MY FEELING OF THE BUSINESS AND HOW WE RUN IT. I FEEL I CAN DO A BETTER HERE IN FORT PIERCE THAN I CAN IN MARTIN COUNTY. WE HAVE SPACE AVAILABLE TO DO WHAT WE WANT TO DO AND MAKE IT REALLY GROW AND BECOME SOMETHING AND THIS COMMUNITY IN MARTIN COUNTY WITH HOUSE OF HOPE OPENING UP A NONPROFIT THERE AND THE HUMANE CENTER FOR ANIMALS. SO THAT'S MY PIECE THAT I HAVE TO SAY.

THAT'S ALL I'VE GOT, I'M SORRY.

>> THANK YOU, PLEASE SIGN IN. ANYONE ELSE SPEAKING FROM THE PUBLIC. SEEING ON WE WILL CLOSE THE PUBLIC PORTION BRING IT BACK TO THE BOARD. ADDITIONAL COMMENTS OR QUESTIONS? MR. FREEMAN HOW MANY TOTAL CONDITIONS DO WE HAVE?

>> THIS WOULD BE MY RECOMMENDATION. I THINK WE NEED TO GO THROUGH THIS SECTION 1, TWO AND THREE AND HIGHLIGHT THE PIECES THAT THIS PARTICULAR PROPOSAL WOULD NEED TO BE EXEMPT FROM. SO, IF I GO DOWN THEM CAN WE JUST HAVE THE BOARD SAY THEY WANT IT IN OR TAKING OUT? THANK YOU. SO STARTING WITH SECTION 125, 325 , GENERAL OPERATING STANDARDS, THE FIRST IS THE TIMES OF OPERATION.

BETWEEN MIDNIGHT AND 8:00 A.M. IN BETWEEN 2:00 ARE YOU AND 8:00 A.M. ON THE WEEKEND. SO THAT CAUSES A BIT LATER POTENTIALLY ON THE WEEKEND. SO I THINK WE SHOULD KEEP THAT OPERATING TIMELINE IN. YOU WILL KEEP IN.

>> DO WE KNOW WHAT MARTIN COUNTY DOES? IS THAT THE HOURS

THEY ARE USING? >> THOSE ARE GENERAL ARCADE OPERATING HOURS. EVEN WITH DAVE AND BUSTERS.

>> 1B , IF THAT WAS REMOVED WOULD ALLOW CHILDREN TO PLAY GAMES. WE WANT TO REMOVE THAT.

>> NO ARCADE CENTER LOCATED A DISTANCE OF PROXIMITY REQUIREMENT , I THINK BECAUSE OF THE TYPE OF USE I DON'T THINK WE NEED THE DISTANCE AND PROXIMITY SO I RECOMMEND THAT WOULD BE REMOVED. THAT IS NOT APPLICABLE IT IS DOWNTOWN SO WE DON'T NEED TO REMOVE IT IN ESSENCE. SO AGAIN E IS NOT REALLY APPLICABLE. F I THINK WE WANT TO ALLOW POTENTIAL FOR ALCOHOL SALES OR CONSUMPTION IN THE CENTER. SO WE WOULD REMOVE THAT. G , LARGER SPACE THAN 9000 SQUARE , LARGER SPACE THAN 9000 FT.÷ SO WE WANT TO REMOVE THAT ONE. LEAVE THIS IN PLACE BECAUSE WE DO HAVE STATE LAW ESSENTIALLY WHICH DEALS WITH FAMILY ENTERTAINMENT CENTERS. MOVING TO SECTION 2. DESIGN STANDARDS , SO THE APPLICANT HAS SAID THEY WOULD LOOK TO PUT SIGNS IN THE WINDOW AND I DON'T KNOW WHAT THE PLANNING BOARD FEELING ON THAT IS. IF IT WAS A SIGN IT WOULD STILL NEED TO MEET THE SIGN SIZE REQUIREMENTS AND REGULATIONS.

[02:15:01]

>> HAVE TO HAVE PAC-MAN IN THERE.

>> MAYBE WE GET A BETTER IDEA OF WHAT THOSE THINGS ARE.

PLACEMENT OF GAME MACHINES ALONG FRONT WINDOWS ARE PROHIBITED AND FROM WHAT WE HEAR IF IT IS TINTED THEN THAT MIGHT GO AWAY. REALLY THIS IS MORE, IF THERE WERE GAMING MACHINES CLOSE TO THE WINDOWS IT'S MORE OF AN ATTRACTION FOR KIDS TO GO INSIDE I WOULD INC.

THE APPLICANT SAYS THE MAJORITY OF WINDOWS ARE ALREADY TINTED BY DESIGN SO, WHETHER WE COULD ACCEPT THAT AND ACCEPT THIS TYPE OF USE DOES HAVE REQUIREMENT FOR TINTED WINDOWS.

ALL ENTRANCES SHOULD BE ADEQUATELY LIGHTED SO RELIEVED THAT WOMEN. E REALLY WE WOULD ASK FOR SOME SIGNS IN THERE SPECIFICALLY RELATED TO SMOKING, DRUGS AND ALCOHOL.

AMUSEMENT ARCADES SHALL PROVIDE BICYCLE RACKS AND PLANNING BOARD ARE RECOMMENDING 10? ALL AMUSEMENT PROVIDE PUBLIC RESTROOMS AND I THINK THAT WOULD BE REQUIRED. LIGHTING FOR PARKING LOTS. WE KNOW THAT'S REQUIRED. LANDSCAPING IS REQUIRED AND THE APPLICANT HAS SAID THAT IS IN ORDER.

SIDEWALKS, THEY ARE LOCATED CLOSE IN PROXIMITY TO THE POTENTIAL LOCATION. ANY PROPOSED EXTERIOR CHANGES A BUILDING USE FOR EXTERNAL CHANGE , YES THAT WILL STILL APPLY. THERE ARE NOT PROPOSING TO CHANGE THE EXTERIOR OF THE BUILDING. PARKING ALREADY LOCATED ON SITE AND THEY COULD MEET THAT REQUIREMENT. PERMITTING REQUIREMENTS. I THINK THIS IS ALMOST ENTIRELY RELATED TO FEES, BACKGROUND CHECKS BY THE POLICE , REGISTRATION, SO I THINK THIS ENTIRE SECTION PERMITTING REQUIREMENTS.

>> IT TALK ABOUT FOOD. WILL THIS LOCATION BE PROVIDING FOOD? I WAS GOING TO SAY IT HAS A KITCHEN SO I WAS CONCERNED

ABOUT THAT. >> THEY MUST BE LICENSED.

>> WE HAVE TO LEAVE THAT IN. >> I THINK D AND E ARE BOTH IMPORTANT FOR SAFETY, FIRE SAFETY AND LIFE SAFETY. D AND E , THE OTHERS RELATE TO POLICE DEPARTMENT REQUIREMENTS. FEES FOR MACHINES, REGISTRATION AND I THINK THESE ARE NOT GAMBLING MACHINES SO I THINK WE COULD REMOVE THREE ABC REMAINING WITH THE NDE AND THEN MACHINE REGISTRATION REQUIREMENTS, I THINK WE CAN REMOVE THOSE.

THAT RELATES TO SERIAL NUMBERS AND CHANGES MACHINES, THE INVENTORY.

WAIVER OF DISTANCE, I THINK THAT IS STILL IN THERE.

SIX, PRE-EXISTING AMUSEMENT ARCADES DOES NOT REALLY RELATE TO THIS APPLICATION. SEVEN FLORIDA LAW COMPLIANCE . AGAIN I THINK WE LEAVE IT IN. COMPLIANCE WITH FLORIDA LAW. SO THAT IS REALLY WITH THE PLANNING BOARD WOULD BE RECOMMENDING TO GO TO THE CITY COMMISSION. TO REMOVE OR EXEMPT A LOT OF THESE CONDITIONS THAT ARE RELATING TO ESSENTIALLY

[02:20:01]

FEES AND LICENSING, REGISTRATION. ALCOHOL, POTENTIAL FOR ALCOHOL. AGE RESTRICTIONS AND I THINK THAT

IS MAINLY , AND BIKE RACKS. >> WE JUST BUILT IT FOR CHILDREN. PUT IT LIKE THAT .

>> AS I SAID THE PROPOSED CODE CHANGES WOULD TAKE IN HER FAMILY ENTERTAINMENT CENTERS AWAY, OUT OF THE CODE AND IT WOULD NOT EVEN NEED TO COME INTO THE CODE.

>> I AM OPEN FOR RECOMMENDATION. EMOTION.

>> MOTION TO APPROVE THE CONDITIONS STATED.

>> SECOND. >> PROPERLY MOVED AND SECONDED

. CALL THE ROLL PLEASE >>

>> CONGRATULATIONS. >> I HOPE YOU FEEL A LITTLE BETTER. THAT'S WHAT THIS WHOLE THING , GOVERNMENT AT WORK. YOU MADE YOUR POINT AND IT WORKED. GREAT.

>> DEFINITELY CLEARED UP A LOT OF THINGS.

NEXT ON THE AGENDA IS ITEM D. MOVING ON ITEM E MAJOR SITE

[e. Major Site Plan Amendment - Kings Highway Commerce Center 2313-332-0000-010-0, 2313-333-0001-000-7, 2313-331-0000-000-4]

PLAN AMENDMENT KING COMMERCE CENTER. ALL RIGHT. THANK YOU, BEFORE YOU WE HAVE KING COMMERCE I WAS IN A MAJOR SITE PLAN AMENDMENT DEVELOPMENT AND DESIRE DEAL FOR THE DISPLAYED THREE PARCEL IDS. THE REPRESENTATIVE IS VOTE ] AUTHORIZING AGENT THREE PROPERTY OWNERS. LEGACY DEVELOPMENT PARTNERS. CHAT PROPERTIES THESE ARE THE THREE SUBJECT PARCEL IDS. THE REQUEST IS TO CONSTRUCT TWO FLIGHTS THE REQUEST IS TO CONSTRUCT 2 FLIGHTS PL. BUILDINGS TOTALING 390 SQUARE 390 FT.÷ OF OFFICE AND WAREHOUSE AND DISTRIBUTION SPACE WITH APPROVED ASSOCIATED SITE IMPROVEMENTS. A LITTLE BACKGROUND, GENDER 70 A LITTLE BACKGROUND, GENDER 7020 23 CITY COMMISSION APPROVED, FOR THE SAME SUBJECT SITE WITH INCLUSION OF A FOURTH PARCEL TO FLEX BASED BUILDINGS THAT TOTALED 442,000 FT.÷ OF OFFICE AND WAREHOUSE DISTRIBUTION SPACE. HOWEVER, DUE TO A MARKET STUDY A DECISION WAS MADE TO REDUCE SQUARE FOOTAGE AND REDESIGN THE ORIGINAL APPROVED SITE PLAN. STAFF DETERMINATION THAT THIS IS A MAJOR SITE PLAN AMENDMENT DUE TO THE FACT THAT SQUARE FOOTAGE IS ABOVE 4000.

SUBJECT PROPERTY IS APPROXIMATELY 26.52 ACRES LOCATED AT THE NORTHEAST CORNER OF S. KINGS HWY. AND WHITE ROAD . FUTURE LAND USE GENERAL COMMERCIAL WITH ZONING CP 1 COMMERCIAL PKWY. ZONE. THIS IS THE ORIGINAL APPROVED SITE PLAN AS YOU CAN SEE, PHASE 1 WAS A WAREHOUSE APPROXIMATELY 206,000 FT.÷ WITH OFFICE 15,000. PHASE 2 WAS BASICALLY MIRRORING PHASE 1. SO THIS IS ONE OF THE PROPOSED SITE PLAN AMENDMENTS.

THE APPLICANT, THERE WAS DISCUSSION WITH STAFF FOR PHASE 1, FLIPPING OF THE BUILDING. STAFF IS RECOMMENDING THE ONE BEFORE YOU. HOWEVER, THERE WAS DISCUSSION ABOUT HAVING ALTERNATIVE SITE PLAN AND LOADING WOULD BE THE OPPOSITE.

WE WILL SHOW YOU THAT WHEN THE APPLICANT IS PROPOSING A 6 FOOT TALL CONCRETE WALL . OUR RECOMMENDATION IS IF YOU DECIDE TO PROVE THAT IT IS THE SAME SQUARE FOOTAGE. INSTEAD THE LOADING WOULD BE ON SOUTH , THE CONCRETE WALL WOULD BE MOVED AND I WILL EXPLAIN THAT IN THE NEXT SLIDE. THE FIRST PHASE INCLUDES A BUILDING AREA OF 188,000 , WAREHOUSE 175, 130

[02:25:12]

PARKING SPACES, SIX HANDICAP, AID BICYCLE, 55 LOADING SPACES, PHASE 2 WOULD BE 020-2000 TOTAL FEET , 9000 OFFICE, 193 193 FT.÷ OF WAREHOUSE, 98 SPACES, SIX HANDICAP, AID BICYCLE, 39 LOADING SPACES. SO, THE ALTERNATIVE THAT THE APPLICANT WOULD LIKE FOR YOU TO RECOMMEND POSSIBLY IS WHAT IS BE FREE WITH LOADING FACING THE OPPOSITE . HOWEVER, THE APPLICANT HAS THE WALL ABUTTING THE ROAD WITH THE LANDSCAPING AND INTERIOR. IF YOU SO CHOOSE TO RECOMMEND APPROVAL OF THIS ONE OUTSIDE OF THE RECOMMENDATION WE WOULD ASK THAT YOU ASK THAT THE WALL BE PAINTED AND ARCHITECTURAL EMBELLISHMENT BE ADDED AND IT ALSO BE MOVED WITH LANDSCAPING OUTSIDE BECAUSE CURRENTLY, HE HAS IT WITH LANDSCAPING IN THE INTERIOR. AND IT IS PRETTY MUCH THE SAME SQUARE FOOTAGE PARKING SPACE AND EVERYTHING BUT THE BUILDING IS FLIPPED. THIS IS A LANDSCAPE PLAN FOR THE ONE WE ARE PROPOSING APPROVAL FOR .

WITH THE LOADING TO THE NORTH NOT FACING THE RIGHT-OF-WAY .

AS YOU CAN SEE THE TOTAL PROPOSED TREES, 247, NATIVE TREES 200, TOTAL , 209 PROPOSE NATIVE PALMS NATIVITY SEVEN, TOTAL SHRUBS 13,088 . PROPOSED NATIVE SHRUBS 11,925.

THIS IS AN ALTERNATIVE LANDSCAPE PLAN FOR THE ALTERNATIVE SITE PLAN THAT THE APPLICANT IS ALSO PROPOSING IF YOU SO CHOOSE TO SELECT THIS ONE. ONCE AGAIN AS YOU CAN SEE, THE WALL WOULD BE IN THE FRONT OF THE LANDSCAPING WHICH KIND OF DEFEATS THE PURPOSE OF THE AESTHETICALLY PLEASING ALONG WHITE ROAD SO IF YOU CHOOSE THIS ONE, THAT'S WHY STAFF IS RECOMMENDING OF ALL BE PAINTED WITH ARCHITECTURAL EMBELLISHMENTS ADDED AND IT ALSO BE MOVED NORTH WITH LANDSCAPING ON THE OUTER SIDE OF THE WALL IF YOU SO CHOOSE THIS ONE . OKAY. DESIGN ELEMENT SITE ELEMENTS PROPOSED, A LIGHTED FOUNTAIN WITH THE LAKE ALONG KINGS HIGHWAY VERTICAL AND HORIZONTAL PROJECTIONS WITH COVERED WALKWAYS, ARCHITECTURAL FEATURES ON THE WALL TO BREAK UP BLANK WALLS OF THE BUILDINGS. ROOF CREATION OF BUILDING CORNERS COVERED ENTRIES CONCEALED, LIGHT FIXTURES. NATION PLANTINGS, GREEN LIVING WALLS, AND OTHER PLANTINGS. THIS IS A ELEVATION OF THE PROPOSED BUILDINGS. AND THIS IS A RENDERING OF ONE OF THE PROPOSED , THE BASIC DESIGN PRETTY MUCH. OKAY. ALL AFFECTED DEPARTMENTS REVIEW CONSISTENCY WITH ESTABLISHED ORDINANCES OF THE CITY CODE. STAFF IS RECOMMENDING APPROVAL OF THE FIRST SITE PLAN WITH LOADING FACING THE NORTH . HOWEVER, YOU HAVE THE OPTION OF APPROVING THE OPPOSITE WITH THE STAFF RECOMMENDATIONS SO WE HAVE THESE FOUR CURRENTLY ON THE FIRST ONE. NUMBER ONE PRIOR TO CERTIFICATE OF OCCUPANCY LANDSCAPE MAINTENANCE BOND REQUIRED. LANDSCAPE MAINTENANCE BOND SHALL NOT APPROVE LANDSCAPING SHALL BE INSTALLED IRRIGATED MAINTAINED IN PERPETUITY IN ACCORDANCE WITH SECTION 123-7 CITY CODE OF ORDINANCE IN ORDER THAT IT CONTINUES TO PRESENT A HEALTHY NEED AND ORDERLY APPEARANCE FREE OF DEBRIS IN CONFORMITY WITH THE FOLLOWING REQUIREMENTS. WHICH IS A AND B. WE ALSO MENTIONED IN CASE OF VIOLATION , THE CONSEQUENCES. NUMBER TWO PRIOR ISSUES OF ANY SITE PERMITS THE APPLICANT SHOULD PROVIDE TREE MITIGATION SURVEY AND COORDINATE WITH CITY OF FORT PIERCE ARBORIST FOR THE MITIGATION OF CITY RELATED TREES TO BE REMOVED AS A RESULT OF CONSTRUCTION ACTIVITY. UNITY OF TITLE WITH THE CLERK OF

[02:30:03]

COURTS AND PARCEL, NATION WITH PROPERTY APPRAISER CONDUCTED BEFORE THE ISSUANCE OF A BUILDING PERMIT. AT THE COMPLETION OF UNIT TITLE PLEASE SUBMIT GENERAL ADDRESS REQUEST FORM FOR THE NEWLY CREATED PARCEL ID FOR EACH BUILDING.

STAFF ONCE AGAIN RECOMMENDING APPROVAL WITH THE CONDITIONS ALTERNATIVE RECOMMENDATION IS RECOMMENDING MODIFIED APPROVAL OR RECOMMEND DISAPPROVAL. THANK YOU.

>> THANK YOU, MR. GILORE. QUESTIONS FROM THE BOARD?

>> YOU JUST FLIPPED DURING THE TWO FOR A MINUTE?

>> YOU WANT TO SEE THE LANDSCAPE ONE? THIS IS THE ONE WE ARE RECOMMENDING APPROVAL. AND THEN THIS IS THE ONE THE APPLICANT AND OUR SUGGESTION, IF YOU CHOOSE THIS ONE THE WALL WOULD NEED TO BE MOVED TO THE NORTH WITH LANDSCAPING OUTSIDE THE WALL . THE WALL WOULD NEED TO BE PAINTED AND ARCHITECTURAL

EMBELLISHMENTS ADDED. >> GO BACK TO THE OTHER ONE PLEASE ONE MORE TIME. THERE IS NO WALL AT ALL BECAUSE EVERYTHING IS BEHIND THE BUILDING.

>> HE ALSO HAS A POWERPOINT AND MAYBE HE CAN JUSTIFY.

>> ADDITIONAL QUESTIONS? COMMENTS?

>> THIS ONE YOU DON'T HAVE TO HAVE A WALL.

>> CAN YOU PLEASE SPEAK IN THE MICROPHONE?

>> I THINK THE ONE WE PROPOSED LOOKS NICE BECAUSE EVERYTHING IS BEHIND. WE DON'T HAVE TO HAVE A BIG WALL. THE BEAUTY OF THE BUILDING EVEN WILL HIDE BEHIND THE WALL, AS WELL.

>> NO ADDITIONAL COMMENTS FROM THE BOARD WE WILL OPEN THE PUBLIC PORTION. IF THE APPLICANT CAN STEP FORWARD

PLEASE. >> MDM. CHAIR, BOARD MEMBERS GOOD AFTERNOON. ON BEHALF OF THE APPLICANT.

>> CAN YOU PLEASE SIGN IN? >> CAN I LEAVE MY CARD? THANK YOU. THIS IS THE PREVIOUSLY APPROVED SITE PLAN. I'M NOT GOING TO GO THROUGH THEM, THIS WAS DUBIOUSLY APPROVED. THIS IS WHAT WE ORIGINALLY SUBMITTED WITH LOADING ON THE SIDE PORTION. THE SAME THING. HERE IS THE REASON WHY THE PROPOSED LOADING ON THE SOUTHSIDE. FOR PROJECTS SUCH AS THIS, EXTREMELY IMPORTANT FOR THE TRUCK CIRCULATION TO GET IN AND OUT THE HIGHWAY WITHOUT MINGLING WITH CAR TRAFFIC AND SO THE EASY, GETTING TO THE LOADING AREA IN AND OUT IS VERY IMPORTANT. AS YOU CAN SEE WE HAVE TRUCK CIRCULATION IN HERE.

MOST OF THESE TRUCKS COME FROM SOUTH WITH THE TURNPIKE AND 95 AT THE END OF KINGS HIGHWAY. MAIN ENTRY TO KINGS HIGHWAY DOES NOT HAVE A LEFT TURN OUT, TRUCKS CAN ONLY GET IN AND OUT WITH A RIGHT TURN. SO THE TRUCKS WOULD HAVE TO USE, ESPECIALLY PHASE 1 THE TRUCKS WOULD HAVE TO USE WHITE ROAD TO GO SOUTH. THIS IS THE REASON WE WOULD PREFER THE ALTERNATE. AS YOU CAN SEE, THE TRUCK CIRCULATION GOING SOUTH BETWEEN THE BUILDING AND THE LAKE IS A DIFFICULT TURN IN THERE FOR TRUCKS. WE DO IT IN A COMPUTER EASY, BUT THE GUY BEHIND THE TRUCK, A LITTLE MORE DIFFICULT PLUS THE INTERACTION WITH VEHICULAR TRAFFIC AND PEOPLE GOING THE OTHER WAY. SO THIS IS THE ONLY REASON WE PREFER TO HAVE THIS SITE PLAN BECAUSE TRUCK CIRCULATION IS A LOT EASIER AND THAT'S VERY IMPORTANT FOR THIS SITE. THIS IS THE LANDSCAPE PLAN AND THIS IS WHAT WE ARE PROPOSING. THIS IS WHITE ROAD. THIS IS OUR 6 FOOT WALL. WE ACTUALLY DO HAVE LANDSCAPING UPFRONT, THE BALL IS BACK 8 FEET OR SO, SO WE WILL BE PUTTING TREES AND LANDSCAPING IN FRONT. AS YOU CAN SEE WITH LINE OF SIGHT THE PURPOSE OF THE WALL IS THAT THEY WILL NOT SEE THE LOADING

[02:35:01]

BAY WHERE THEY WOULD JUST SEE THE UPPER END OF THE BUILDING.

AS YOU CAN SEE THERE IS SO MUCH LANDSCAPING , THE TREES WILL OFFER PROVIDE ADDITIONAL BUFFERING, BESIDES THE 10 FOOT LANDSCAPE OFFER WE ALSO HAVE A BIO SWELL IN THE AREA WHICH WILL HAVE ADDITIONAL TREES. SO THIS IS WHAT YOU WILL SEE FROM WHITE ROAD. THAT IS THE REASON WE WOULD APPRECIATE YOUR CONSIDERATION FOR THE ALTERNATE SITE PLAN.

>> ANY QUESTIONS FOR THE APPLICANT?

>> I LIKE THE IDEA OF HAVING THE LOADING DOCKS OUT OF SIGHT PERSONALLY. IS THERE A WAY TO WORK IT WHERE THEY CAN? WIDENING THE ROAD TO MAKE THE TURN , LOOKS LIKE THERE IS A

SECTION THERE THAT CAN BE. >> THESE ROADS ARE 34 FEET WIDE. WE DESIGNED THIS FOR TRUCKS, NOT 24 FEET, ALL THE ROADWAYS ARE 34 FEET WIDE AND THESE ARE SIX OR SEVEN AND THESE ARE SIX OR 7 FOOT TRUCKS. WE ARE 34 FEET AND AT LEAST 35 FEET ON THE SOUTHSIDE. AND YOU CAN ONLY WIDEN SO MUCH, BUT AS YOU CAN SEE THE TRUCKS HAVE TO COME FROM THE NORTH SIDE OF THE BUILDING. IT'S THE LOADING AREA, THEY BECOME AROUND, GO BACK IN HERE AND MAKE THE TURN. REGARDLESS OF HOW WIDE IT IS IF ANOTHER TRUCK COMES IN HERE OR A VEHICLE IS PARKING IN THERE THAT'S GOING TO BE IN THE WAY. SO THIS CIRCULATION IS IMPORTANT FOR US TO HAVE EASY ACCESS AND THAT'S WHY WE DON'T LIKE THIS MOVEMENT HERE COMPARED TO THE OTHER SITE AS YOU CAN SEE HOW EASY IT IS, THE TRUCK GETS IN GOES TO THE LOADING AND GETS OUT ON WHITE ROAD. THERE IS NO INTERACTION WITH EMPLOYEE TRAFFIC AND CARS.

>> SEEMS TO ME ANY OF THOSE BAYS RIGHT THERE NORTH OF LIGHT ABOUT THOSE TO YOUR LEFT OR EAST ARE ALL , I'M SORRY, YES TO THE EAST. GOING LEFT WITH THE ARROW. SEEMS LIKE THAT'S GOING TO HAVE THE SAME POSITIONING COMING OUT OF THERE , THE SAME SITUATION. HAVE TO MAKE THE SAME TURN TO GET ON

WHITE ROAD. >> THIS IS WHITE ROAD BEGINNING

AND WE GO TO THE BASE. >> CAN YOU MOVE OVER A LITTLE BIT WITH THE ARROW. SAME SITUATION WHERE YOU COME OUT AND HAVE TO MAKE THE TURN. FACING OUT OR NOT.

>> COMING THERE WE ARE BACK INTO THE SPACE , BUT WE DON'T HAVE TO GO TO THE SIDE OF THE BUILDING ON THE ROADWAY. YOU KNOW WE DON'T HAVE TO MAKE THE TURN, COMING IN. WE DON'T HAVE TO MINGLE, LET ME GO BACK TO THE OTHER.

>> THE TURN IS RIGHT AT THE ENTRANCE AND EXIT OF WHITE

ROAD, CORRECT? >> RIGHT, BUT THIS IS FOR ALL THE TRUCKS. AND THIS IS THE NEXT ONE. YOU ARE TALKING ABOUT THESE TRUCKS IN HERE COMING OUT. THERE'S GOING TO BE FOUR OR FIVE TRUCKS. MOST OF THE VEHICLES TRUCKS ARE NOT DOING THAT, PLUS THERE IS NO CAR PARKED IN HERE. SO THE CARS AND TRUCKS WON'T MINGLE TOGETHER COMPARED TO THIS ONE , THIS IS PARKING WITH VEHICLES AND THE CARS.

>> THE SECTION BETWEEN THE TWO ROADS BETWEEN WHITE ROAD AND THE PARKING LOT IS PRETTY WIDE. WHITE ROAD ON THE ANGLE COULD

AND THAT YOU WIDENED? >> THIS SECTION?

>> TO YOUR LEFT. >> THIS AREA IS PRETTY WIDE

LIKE 44 FEET. >> SEE HOW IT'S WHITER THERE , THE WHITE AND BLUE LINES? THAT WOULD TAKE CARE OF THE TURN.

>> WELL, THE ENTRY IS WIDE, THAT'S WHAT WE DESIGNED FOR THE TRUCKS GETTING IN AND OUT. THE PROBLEM WITH THIS IS TRUCKS HAVE TO COME ALONG THE ROADWAY , MAKE A TURN AND GO OUT. SO THIS IS LIKE EXTRA TRAFFIC AND EXTRA TRAVELING AND ALSO GETTING INVOLVED , THE CARS TRYING TO GET IN AND OUT. SO WE REALLY DON'T LIKE TO GET EMPLOYEE PARKING MIXED WITH TRUCKS FOR SAFETY AND TO EASE OF ACCESS. I THINK OF COURSE

[02:40:02]

THE OTHER ONE IS ON THE ALTERNATE , THE BUILDING EXCUSE ME. THE BUILDING IS ALSO 120 FEET FURTHER AWAY FROM WHITE ROAD. WE AGREE WITH THE CONDITIONS AS FAR AS THE CONCRETE WALL, IT WOULD MATCH THE BUILDING, AND THE COLORS AND TEXTURES. AND, THE LANDSCAPING IN FRONT OF THE WALL WOULD ACTUALLY MAKE IT PRETTY PLEASANT. YOU WILL SEE THE LANDSCAPING ON THE WALL BEHIND AND YOU WILL NOT SEE THE

LOADING DOCKS. >> WHAT ABOUT DRIVING STRAIGHT THE ENTRANCE STRAIGHT DOWN THE ROAD? I'M JUST TRYING TO MAKE IT SIMPLE. I USED TO HAVE A CDL, I AM JUST TRYING TO MAKE IT EASIER. I'M PICTURING A GUY DRIVING. COMING DOWN FROM BEHIND THE BUILDING, COMING STRAIGHT WITH THE EXIT WAY

RIGHT THERE ON WHITE ROAD. >> WE CANNOT THAT IS A D.O.T.

CONDITION. PLUS IT LINES UP WITH ACCESS TO THE PROJECT TO THE SOUTH. WE HAVE THE SAME TYPE OF THING SO THESE LINEUP.

UNFORTUNATELY WE CANNOT, PLUS AGAIN, THIS ONE THE LOADING DOCK IS MUCH FURTHER AWAY FROM WHITE ROAD SO THEY HAVE TO TRAVEL MORE. WE NEED THEM TO GET IN. AS A SHORT DISTANCE AND

AS QUICKLY AS POSSIBLE. >> YOU DO SEE WHERE THE CITY

VIEW IS? >> ABSOLUTELY, THAT'S THE REASON WHY WE OFFER THE WALL AND LANDSCAPING IN FRONT OF THE WALL TO MAKE IT PLEASANT AS FAR AS THE WHITE ROAD THE WHITE ROAD IS A SHORT ROAD WITHIN PETERS AND KINGS HIGHWAY, BUT STILL THE OFFERING CONCRETE WALL WITH LANDSCAPING IN FRONT

OF IT TO MAKE IT PLEASANT. >> SO WITH THE WALL, HAS THAT BEEN REVIEWED BY FIRE OR TRAFFIC? ANYBODY? CONCERNING THE SETBACK AND OBSTRUCTING THE VIEW LIKE OF A TRUCK COMING OUT AND THE SAME TRAFFIC OR VICE VERSA?

>> THIS SITE IS DESIGNED WITH SITE DISTANCE FOR THE TRUCK. WE ARE USING THE D.O.T. WHICH IS 300 FEET OR SO. TRUCKS GETTING IN AND OUT WILL HAVE FULL ACCESS. THERE WILL BE NO VISIBILITY ISSUE. THERE WILL BE D.O.T. REQUIREMENT FOR SITE

DISTANCE FOR ENTRANCE. >> I SAW THE ORIGINAL PLAN AND IT HAD TWO LAKES. NOW IT'S ONLY ONE? SO HOW WAS THE WATER MAINTAINED AND TAKING AWAY THE ONE LIKE?

>> WE HAVE ONE LAKE AND WE ALSO HAVE A COMBINATION OF DRY DETENTION AND BIO SWELL. ALL OF THESE, THE BLUE AREA IN HERE.

AS YOU CAN SEE WE HAVE THE BIO SWELL HERE. WE HAVE BIO SWELL, DRY DETENTION, DRY DETENTION, DRY DETENTION AND THE LAKE. SO WE MEET REQUIREMENTS FOR WATER QUALITY AND DRAINAGE.

>> ANY OTHER COMMENTS OR QUESTIONS? THANK YOU. ANYONE ELSE FROM THE PUBLIC SPEAKING TO THIS MATTER? SEEING NONE WE WILL CLOSE THE PUBLIC PORTION COME BACK TO THE BOARD WITH ADDITIONAL QUESTIONS OR COMMENTS.

>> I'VE GOT ANOTHER QUESTION. SO, FOR STAFF, A LOT OF CONDITIONS, WERE ALL OF THOSE OR MOST OF THOSE MET? IN YOUR

COMMENTS? >> SO, THESE ARE STANDARD CONDITIONS . IF YOU SO CHOOSE THE ALTERNATIVE, THOSE WOULD BE SUBJECT TO THE DESIGN REVIEW STANDARDS FOR WHITE ROAD. ALL OF THESE ARE STANDARD BASICALLY FOR LANDSCAPING. WE NO LONGER REQUIRE LANDSCAPE BOND, NOW WE REQUIRE A MAINTENANCE AGREEMENT. TREE MITIGATION IN THE CODE THERE IS A CODE SECTION FOR THAT AND UNITY OF TITLE COMBINATION ADDRESSES

THOSE. >> DO YOU HAVE A FIX FOR THE DRIVERS COMING OFF THAT TURN? OR ANY THOUGHTS ON IT? HAVE YOU LOOKED AT THAT PART OF IT? WITH THE POINT BEING MADE DRIVERS

COMING OUT ONTO WHITE ROAD. >> YES, BOTH LAYOUTS IN TERMS OF VEHICLE MOVEMENTS IT IS, ONE IS THE EASE , THE ALTERNATIVE

[02:45:06]

IS THE EASE OF GETTING IN AND OUT FOR THE DRIVERS. THE ONE THAT STAFF ARE RECOMMENDING WORKS IN TERMS OF THE TURN RADIUS AND WHATEVER, BUT IT MEETS MORE CLEARLY CITY DESIGN

GUIDELINES. >> ANY OTHER COMMENTS OR

QUESTIONS? >> I'M HAVING A HARD TIME GOING AGAINST STAFF RECOMMENDATION. THE AESTHETICS IS IMPORTANT. JUST LOOKING AT THAT PICTURE IT DOES LOOK LIKE A HARDER WAY FOR DRIVERS TO COME BACK OUT.

>> IF IT IS SUCH A HARD WAY OF GETTING OUT THEN YOU CAN HAVE EASIER TURNS. YOU CAN DO OTHER THINGS TO THE SITE PLAN LAYOUT.

THIS MAXIMIZES FLOORSPACE.

IF THE CITY ARE WANTING TO MOVE TO A BETTER DESIGN AESTHETIC, IN ITS ROADWAYS AND THIS IS WHY STAFF ARE PUTTING THE OPTION FORWARD. AND SOMETIMES IF THAT MEANS THAT A BUILDING MAY NEED TO BE REDUCED OR WHATEVER TO GET INTO THE TURNING AREAS, AND THAT IS ONE OF THE CONSEQUENCES. THIS WORKS WITH FLOORSPACE OPPOSED . TURNING SHOWS ON THE AUTO TURN TO BE ACCEPTABLE. IT IS MORE DIFFICULT, I ACCEPT THAT. FROM EASE OF OPERATION , IT IS, WHETHER THIS IS , THE ARGUMENT OF FUNCTIONALITY OVER FORM AND THAT IS HERE WE ARE WITH MOST

OF OUR APPLICATIONS. >> QUESTIONS OR COMMENTS?

>> I DON'T HAVE ANY QUESTIONS, BUT THAT WAS MY THOUGHT. WOULD ONLY PRODUCE THE BUILDING A LITTLE BIT TO MAKE IT MORE EASE FOR THE DRIVER TO TURN? BECAUSE WE TRY TO FIX THE BEAUTY OF THE PLACE.

THERE IS ENOUGH SPACE TO AT LEAST REDUCE THE BUILDING A LITTLE BIT I THINK. TO MAKE IT WORK.

>> NO ADDITIONAL COMMENTS OR QUESTIONS? OPEN FOR A MOTION.

>> MOTION FOR THEM TO GO BACK AND REDUCE, SEE HOW THEY CAN GO TO REDUCE THE BUILDING TWO SPACE FOR EASE OF DRIVING.

>> I THINK FIRST WE HAVE TO ADDRESS THE ITEMS THAT WERE RECOMMENDED BY STAFF. WHETHER OR NOT WE AGREE OR DISAGREE OR HAVE CONDITIONAL CHANGES. YOUR MOTION HAS TO ADDRESS THAT? CAN YOU BRING UP YOUR RECOMMENDATIONS?

>> FOUR CONDITIONS AND ONE PRIOR. RECOMMENDATION NOT

CONDITIONAL APPROVAL. >> OKAY SORRY.

>> FIRST MAKE A MOTION WHETHER OR NOT WE LIKE PLAN A OR B.

RECOMMENDATION? THAT WOULD BE IN YOUR MOTION. IF WE HAVE ADDITIONAL CONDITIONS OR ANYTHING WE WOULD BE ADDING

ONTO THE MOTION. >> SO TO BE CLEAR, A IS THE ONE STAFF RECOMMENDS AND B .

>> STAFF SAYS >> CAN YOU SPEAK INTO THE

MICROPHONE? >> YOU DON'T WANT TO HEAR MY VOICE. THE PUBLIC DOES. I WOULD RECOMMEND MODIFIED APPROVAL .

[02:50:03]

>> DO YOU RECOMMEND PRESENTATION A OR B? THE ONE STAFF RECOMMENDED FOR THE APPLICANT RECOMMENDED?

>> I TOLD YOU, YOU DON'T WANT TO HEAR MY VOICE.

>> MAKE YOUR MOTION. >> MOTION TO MOVE FOR APPROVAL

. >> STAFF?

>> FOR STAFF. >> SECOND.

>> WITH THE CONDITIONS? >> YES.

>> CAN YOU STATE YOUR MOTION IN THE MICROPHONE PLEASE?

>> MOTION TO MOVE FOR APPROVAL AS FOR STAFF SORRY. WITH

CONDITIONS . >> MOTION TO APPROVE STAFF RECOMMENDATIONS FOR CONDITIONS.

>> MOVE TO APPROVE STAFF RECOMMENDATION. WITH CONDITIONS. WITH THE FULL CONDITIONS. I AM REALLY SORRY.

>> THAT'S WITH THE WALL AND PAINTED?

>> NO NO NO. >> JUST TESTING YOUR.

>> I MANAGED TO CONFUSE EVERYONE.

>> I WILL SECOND. >> PROPERLY MOVED AND SECONDED.

PLEASE CALL THE ROLL. >>

>> OKAY. >> GOOD DRIVERS.

[f. Waiver of Distance - Convenience Store - 908 Avenue D ]

>> MOVING ON ITEM F. WAIVER OF DISTANCE CONVENIENCE STORE 908 AVENUE D. WELCOME UP.

>> HELLO AGAIN. BEFORE YOU TODAY WE HAVE A WAIVER OF DISTANCE APPLICATION FOR CONVENIENCE STORE AT 908, AVENUE D . THE APPLICANT IS ESTATE INVESTMENT PARCEL ID IS 24106010086 241060100860006. IN SUMMARY WAIVER OF DISTANCE APPLICATION SUBMITTED FOR REVIEW BY REAL ESTATE INVESTMENT . PROPERTY LOCATED AT 908 AVENUE DUNN IS TO WORK LINKIN PARK DISTRICT.

APPLICATION HAS BEEN SUBMITTED FOR APPROVAL TO ALLOW APPLICANT TO SELL BEER AND WINE OBTAINING A TWO-WAY LICENSE FOR OFF PREMISE CONSUMPTION.

HERE IS THE SITE LOCATION. SITE AREA IS .34 ACRES. OPERATING STORE 1800 FT.÷. THE EXISTING FUTURE LAND USE AND ZONING OF THE PROPERTY FUTURE LAND USE GENERAL COMMERCIAL. ZONING IS C3 GENERAL COMMERCIAL. ) HERE IS THE FLOOR PLAN SUBMITTED BY THE APPLICANT. SHOWING AVENUE D WITH THE FRONT ENTRANCE OF THE PROPERTY AS WELL AS THE BACK OF THE PROPERTY. TO THE RIGHT OF THE PROPERTY IS A EMPTY LOT UTILIZED FOR PARKING.

[02:55:03]

>> INFORMATION ABOUT BUSINESS OPERATION. THE BUSINESS NAME NINTH STREET FOOD MARKET. I WAS OF OPERATION 7:00 UNTIL 11:00 SEVEN DAYS A WEEK NUMBER OF EMPLOYEES, ONE. PARKING NOT FORMERLY PROVIDED ADJACENT TO THE LOT CUSTOMARILY USED FOR PARKING LOT. LANDSCAPE, NO CURRENT LANDSCAPES OR ANY LANDSCAPE PLANS. THERE IS NO LIGHTING ON THE ADJACENT EMPTY LOT, USED CUSTOMARILY AS PARKING. LIGHTING ON THE ROAD 3 FEET LONG FROM MAIN ENTRY CONSISTING OF ONE ELECTRIC LANTERN. THE CITY CODE WAIVER DISTANCE SECTION 4-6. AREAS OF CELL OF A CALLING BEVERAGES, THERE IS A REQUIREMENT CONTINGENT WHERE THEY PROPOSED BUSINESS IS , IN THE DISTANCE FROM CHURCHES AND SCHOOLS. THIS PROPERTY ITSELF LOCATED WITHIN 500 FEET OF CHURCHES AS WELL AS DAYCARE'S.

SECTION 4-14 MINIMUM STANDARD FOR WAIVER DISTANCE ACTUAL LOCATION AND DISTANCE TYPE AND SIZE OF ESTABLISHMENT WITH ADEQUATE PARKING AND LANDSCAPING FACILITY WELL BUFFERED ALL ADJACENT RESIDENT ZONE AREAS AND FIVE GENERATED TRAFFIC.

PHOTOS TAKEN OUTSIDE OF THE PROPERTY IDENTIFYING THE ADJACENT PARKING EMPTY LOT CURRENTLY USED FOR PARKING.

CONDITIONS OF APPROVAL. ONE, IMPROVE LANDSCAPE ACCORDING TO SECTION 123, TWO ACCESS CONTROL. SECTION 125-316. WHICH HAS BEEN REQUESTED TO BE BROUGHT UP TO CODE. THREE, OFF THE PARKING UNLOADING SECTION 125 315 PROVIDED. MEET THE FOLLOWING ACCESSIBILITY REQUIREMENTS, ACCESSIBLE ROUTE ADA PARKING SPACE AND MEANS OF EGRESS.

GIVEN SUBMISSION OF THE APPLICANT STAFF RECOMMENDATIONS FOR PLANNING BOARD TO MOVE OPPOSED APPLICATION TYPE DISAPPROVAL TO CITY OF COMMISSION DUE TO PREVIOUS LISTED CONDITIONS NOT BEING MET. ALTERNATIVE RECOMMENDATION TO RECOUNT APPROVAL WITH ADDITIONAL OR NO CONDITIONS OR

RECOMMEND DISAPPROVAL. >> CAN YOU GO BACK TO THE AERIAL PLEASE ? IF YOU KNOW FROM THE AERIAL THE APPLICANT DOES NOT CONTROL THE CORNER LOT CURRENTLY USED.

>> THANK YOU. >> THANK YOU.

>> COMMENTS OR QUESTIONS FROM THE BOARD?

>> NOT SURE IF IT'S FOR YOU GUYS ARE THE APPLICANT. IS THERE A POSSIBILITY OF THEM OBTAINING THAT NEXT-DOOR BECAUSE HE HAS TO HAVE EGRESS, A PARKING LOT IN THE BACK, BUT THAT IS A AUTOMATIC NO FOR ME AS FAR AS PARKING ON THE STREET. I WILL LOVE THEM TO PUT A PARKING LOT BEHIND THE BUILDING AND HAVE ACCESS TO IT. ONLY OPTION WOULD BE TO BUY THE LOT NEXT DOOR.

>> THAT'S A THOSE LOT. THAT ARE USED FOR PARKING LOTS AND NOT

BEING CARED FOR. >> FOR ME IT'S MORE OF A CONCERN THAT WE WANT TO PUT ALCOHOL USE ACROSS THE CORNER FROM THEIR. AS WELL AS AFTERSCHOOL CARE. THEY ARE THERE ALL DAY. AND WE'RE NOT PROVIDING ANYTHING ADDITIONAL.

NOT LIKE WE'RE OPENING IN A GROCERY STORE THERE. IT'S ALREADY THERE. MY BIGGEST CONCERN IS THE ALCOHOL. THAT'S WHAT WE'RE COMING IN FOR THE ALLOWANCE. CORRECT.

[03:00:07]

>> FOR ANOTHER TWO CENTS I DID WALK THE STREET AND TALK TO SEVERAL PEOPLE TWO SATURDAYS AGO. I ASKED PEOPLE AROUND ABOUT IT. THE NEIGHBORS DID NOT LIKE THE IDEA. IT DEPENDS ON WHO YOU ASK. I ASKED A LOT OF PEOPLE IN CHURCH TWO STREETS UP. KIND OF SWAYED ME WITH THAT BUT OPEN-MINDED.

>> AND THE OTHER COMMENTS OR QUESTIONS?

>> WHAT WOULD BE THE MINIMUM FOR PARKING AT 1800 SQUARE

FEET? >> THAT'S A GOOD QUESTION.

WHAT I CAN TELL YOU IS THAT THEY ARE REQUIRED TO HAVE AT LEAST 188 PARKING. PROBABLY MAXIMUM BECAUSE OF THE SPACE THE ARE USING, MAYBE FIVE. THEY ARE REQUIRED PER CODE TO HAVE AT LEAST ONE A.D.A. PARKING'S BASE.

>> IT'S NOT JUST THE PARKING PERMITS THE CHURCH AND THE

DAYCARE RATING. >> IN YOUR COMMENTS OR QUESTIONS? SEEING NONE. WE WILL OPEN THE PUBLIC PORTION TO ASK

THE APPLICANT STEP FORWARD. >> GOOD AFTERNOON. I AM THE OWNER OF THE BUSINESS. AS FAR AS THE PARKING WISE, THE BUILDING IS VERY OLD AS YOU KNOW. THE ONLY OPTION WE HAVE, I WILL DISCUSS WITH THE DRIVER AND THINK HIS NAME IS. THE PARKING THE HANDICAP PARKING BEHIND THE BUILDING. NOTE THE TRAIN, PHARMACIST. THEY ARE TAKING IT IN THERE GOING HOME.

THERE IS NO PLACE FOR THEM TO SIT AND DRINK AROUND THEIR. THE ONLY WAY BECAUSE THE LOT NEXT TO US DOES NOT BELONG TO THE BUILDING. NOW MOST RESPECTED, THE DRIVER AND THE STAFF FOR THE LONGEST A FEW MONTHS BACK. WE'RE TRYING TO REACH ALL THE CODES, WHATEVER I CAN. WE'RE STUCK HERE WITH THE OLD BUILDING. IT DOESN'T HAVE MUCH TO DO WITH IT WHERE YOU CAN REACH THE CITY CODE. WITH ALL THE RESPECT, THOSE CODES, THE BEEN BUILT FOR NEW BUILDINGS OF THIS BUILDING IS OLDER THAN ME.

IT'S A VERY OLD BUILDING. SPENT A LOT OF MONEY AND NOT PLACE. OBVIOUSLY THERE DON'T HAVE NOTHING. VERY LONG-DISTANCE FOR THEM TO WALK.

>> IS COMING YES. >> SO THEY DON'T HAVE TO WALK

ANY ADDITIONAL DISTANCE. >> YOU'RE ABSOLUTELY RIGHT. TO HAVE THE EVERYBODY HAS -- THAT WILL HELP MY BUSINESS OFF OF.

AND ALSO SERVE THE AREA BECAUSE THE AREA HAS NO STORES SELLING ALCOHOL. THAT STORE HAS BEEN BEFORE A GROCERY STORE WHERE IT USED TO BE SELLING ALCOHOL AND LIKE BEER AND WINE. BUT LIKE I SAID, NOT TO BE LIKE SITTING AND DRINK AROUND THE FACILITY.

>> I THINK YOU WANT TO BUILD YOUR BUSINESS AND USE THE ALCOHOL TO DO IT. COMMENDABLE THAT YOU WANT TO HOLD THE BUSINESS. THE ISSUE THAT WE HAVE TO LOOK AT IS PARKING. I KNOW THE NEIGHBORS DON'T WANT TO. THE ISSUE WITH THE CHURCH.

[03:05:07]

>> I GOT A LOT OF CUSTOMIZED. THEY LOVE THE STORE BEING THERE. BUT THAT'S PART OF IT. AND YOU KNOW THAT'S A COMMON TO HAVE A BEER. EVERYBODY WANTS BEER. COME BY THEIR CIGARETTES, THE LOTTO, BY THEIR BEER AND GO HOME. IT'S NOTHING REALLY FOR THEM TO SIT AND DRINK AND BOTHER ANYBODY IN PUBLIC. IT'S

ALL PACKAGED TO GO. SO -- >> HOW LONG HAVE YOU OWNED THE

BUILDING? SORRY? >> HOW LONG HAVE YOU ON THE

BUILDING? >> I DON'T OWN IT. I OWN THE

BUSINESS. >> HAVE YOU TRIED TO BUY THE

LOT NEXT DOOR? >> WELL, SEE THE PROBLEM WE ARE FACING, THE PROBLEM WE FACE THERE, THAT IN THE BEGINNING AND TOLD ME THAT I CAN DO THE PARKING LIKE AN EMPTY LOT IT TURNS OUT THAT LOT ALONG TO A DIFFERENT PERSON. THEN WE START DOING AND START BUILDING PARKING ON IT. SPOKE TO THE DRIVER AND THEY TOLD ME IT'S ONLY ONE LOT, THE WHOLE THING.

WHEN I SPOKE TO THE OWNER, THE ONLY OPTION WE HAVE IS JUST TO PUT THE HANDICAP PARKING TO THE BACK, WHICH I HAVE AN INTEREST

AND I COULD KEEP IT OPEN. >> THEY HAVE ACCESS FROM --

>> THAT'S JUST RIDING ON SOMEBODY'S LOT TO GET THERE.

YOU DON'T HAVE LEGAL ACCESS. >> I HAVE NO IDEA. I'M NOT AN

ENGINEER. >> SEE THE THING IS THE PARKING LOT THE EMPTY LOT HAS LONGED TO THE MOTHER AND THE BUILDING BELONGED THE SUN. I DON'T KNOW WHAT IS THE ISSUE BETWEEN THEM.

I'M NOT TRYING TO GET INTO THAT. I'M JUST TRYING TO MAKE MY BUSINESS GROW AND SUCCEED AND BE SUCCESSFUL THERE.

THAT'S ALL. >> MY STREET NOT THAT BUSY.

THEY'RE NOT GOING TO STAY THERE TO DRINK. IT'S NOT LIKE YOU'RE GOING TO SPEND 30 MINUTES OR ONE HOUR OR ANY THING. IT LIKE THEY CAN PARK ON THE STREET OR IN THE FRONT AND

GRAB SOMETHING AND GO. >> IT'S A MATTER OF LESS THAN

MINUTES, YOU KNOW. >> QUICK. I THINK THE PROBLEM HERE IS THAT A.D.A. GUIDELINES ARE LATERAL. THAT'S NOT A LOCAL LAW. THAT'S NOT A GUIDELINE. IF YOU MAKE ANY CHANGES TO THE APPLICATION AND THE STATUS THAT YOU HAVE YOU HAVE TO MEET IN EUROPE WIRE MEANT. YOU CAN'T EAT AROUND THAT. WE ARE GOING TO SHOOT IT DOWN AGAIN. BASICALLY YOUR ONLY OPTION IS THAT YOU HAVE TO GET THE HANDICAP PARKING. LEGALLY YOU DON'T HAVE ACCESS TO THAT LOT FROM THE STREET TO PUT WHETHER THE PERSON CAN GET TO YOUR HANDICAP PARKING SPACE IF

YOU PUT IT IN THE BACK. >> I'M SORRY.

>> AS IT STANDS, YOU CURRENTLY DON'T HAVE EGRESS TO PUT PARKING IN THE BACK OF YOUR STORE. WHICH MEANS YOU DON'T HAVE ACCESS TO THE ROADS. EVEN IF WE WENT TO THE PROCESS OF PROVING IT, YOU WOULD NEVER ACTUALLY GET A PERMIT FOR THE BEER AND WINE BECAUSE YOU DON'T HAVE THAT GUIDELINE

THAT. >> ALREADY SPOKE TO THE CITY COMMISSIONER, THE ONE WHO IS RESPONSIBLE FOR IN THE DISTRICT AND HE TOLD ME HE HAD NO PROBLEM WITH THAT. SO I MET WITH HIM AT HIS OFFICE. WE ARE READY TO DISCUSS THAT WITH HIM.

THEY HAVE THE PARKING SPACE IN THE FRONT OF THE STORE AND TO THE SIDE OF THE ROAD. SHE SAYS HE HAS NO PROBLEM WITH THAT. I WAS EXPECTING YOU GUYS TAKING IN CONSIDERATION THAT THE BUILDING IS A VERY OLD BUILDING, WHICH HAS BEEN A STORE BEFORE. YOU'RE NOT TELLING ME ANYTHING NEW.

HOWEVER AGAIN LEGALLY YOU'RE LOOKING AT THE PROSPECT OF IT NEVER BEING APPROVED SIMPLY BECAUSE YOU'RE NOT MEETING

THOSE A.D.A. GUIDELINES. >> THAT'S UNDERSTANDABLE. BUT

[03:10:02]

IN THE MEANTIME I WILL APPRECIATE YOU GUYS HELPING ME OUT TO BUILD THAT BUSINESS FOR YOUR IDEAS. I UNDERSTAND. MY VISION FOR ME BEING A BUSINESS OWNER, SEEN THE SIGN PLACE FOR MANY YEARS, THE STORE, IT'S JUST LIKE I CAN'T PICTURE A

PLACE SUCCEEDING WITHOUT THAT. >> SO BY THE LOT NEXT DOOR AND

MAKE IT A PARKING LOT READ >> THE LADY AND HER SON, LIKE I SAID, I DON'T WANT TO GET IN BETWEEN THEM BECAUSE THAT'S THE WORST THING TO DO, GET BETWEEN THE FAMILY. I'M JUST TRYING TO DO A BUSINESS AWAY FROM ALL THE PROBLEMS, YOU

KNOW. >> SINGLED IN BETWEEN TWO LOTS, RIGHT? THE OTHER ONE, DID YOU SPEAK TO THEM AND SEE IF THEY WANT TO SELL OR THE WANT TO GIVE YOU ACCESS OR EASE WAKE?

>> YOU FOR BY THE BUILDING I WAS HAVE A PROBLEM WITH THE MOTHER. THE MOTHER OWNS THE EMPTY LOT. WHEN SHE CAN , THEY TOLD ME TO PUT THE HANDICAP PARKING ON THE EMPTY LOT, SHE CAN, SHE FREAKED OUT. SHE SAYS SHE'S GOING TO CALL THE POLICE, CALL THE CITY. I DON'T KNOW WHAT IS THE PROBLEM BETWEEN THEM. LIKE I SAID AGAIN, NOT TRYING TO GET INTO IT. I'M JUST TRYING TO -- I SPOKE TO THE SON AND HE SAYS TO ME I COULD PUT THE PARKING IN BEHIND. I DON'T KNOW HOW FAR HE HAS BACK WHERE HE HAS ACCESS TO THE BACK FROM THE NINTH STREET OR THE 10TH STREET ACCESS.

>> HE DOES NOT HAVE ANY ACT TONIGHT STREET OR EIGHTH STREET. SHE IS IN BETWEEN TWO LOTS. THAT'S THE PROBLEM.

THERE IS NO ACCESS TO EITHER ROAD. UNLESS YOU COME WITH SOME AGREEMENT FROM THE OTHER PROPERTY OWNERS BEFORE YOU

PURCHASE THE PROPERTY. >> SURE. THAT LADY, HIS MOTHER IS MAD AT HAND. NOT THE ONLY -- IS NOT GOING TO GIVE HIM.

>> I GET THAT, BUT THAT'S THE DILEMMA THAT YOU HAVE BUT WE CAN'T APPROVE IT WITHOUT THOSE THINGS IN PLACE.

>> THE ONLY THING I THINK COULD DO THE OWNER FROM THE WEST SIDE OF THE BUILDING. THAT'S THE ONLY ACCESS THAT I COULD GET OKAY FROM THEM TO HAVE THE CAR ACCESS TO THAT.

>> HERE IS THE PROBLEM. RIGHT NOW YOUR APPLICATION DOES NOT PUT ANY OF THOSE THINGS. IT BASICALLY HAS COME TO US WITH US GIVING YOU IDEAS ON HOW TO COMPLETE YOUR APPLICATION.

RIGHT NOW YOUR APPLICATION IS INCOMPLETE.

>> SURE. >> THIS IS WHERE IT COMES YOUR BALL. WE CAN SEND IT BACK, GO BACK AND WORK WITH THE LANDING DEPARTMENT AND COME BACK WITH A COMPLETED APPLICATION WITH THOSE THINGS, OR WE CAN VOTE ON IT TODAY WITH A DISAPPROVAL AND

START ALL THE WAY OVER. >> DON'T DO THAT.

>> THOSE ARE YOUR OPTIONS. I'M TRYING TO MOVE THIS ALONG

>> GIVE ME MORE TIME TELL, TO JUST WORK THIS OUT WITH SOMEONE. THE ONLY OPTION IS I HAVE TO TALK TO THE OTHER

OWNER. >> IS THERE ANYONE ELSE IN THE PUBLIC YOU WOULD LIKE TO SPEAK TO THE MATTER?

>> I'M SORRY? >> AND ASKING IF ANYONE ELSE IN THE PUBLIC WOULD LIKE TO IT? NO ONE ELSE?

>> THAT'S MY BROTHER. HE DOES NOT WANT TO SPEAK TO YOU.

>> OKAY, SEE YOU WOULD LIKE US TO GIVE YOU THE OPPORTUNITY TO

GO BACK? >> SURE. I NEED MORE TIME TO

SOLVE THIS PROBLEM. >> APPRECIATE IT. THANKS A LOT.

>> NO PROBLEM. BOARD MEMBERS, DO YOU HAVE ANY QUESTIONS OR

COMMENTS? >> IT'S A LEGITIMATE PARKING

LOT. >> CAN WE GET A MOTION TO HAVE THIS SENT BACK TO THE PLANNING DEPARTMENT?

>> I WILL MAKE A MOTION TO SEND IT BACK. FOR FURTHER REVIEW, YES. CAN YOU PLEASE CALL THE ROLE?

[8. DIRECTOR'S REPORT]

GOING TO BE THE HARDEST ONE TODAY. GOING TO MOVE ON DOWN TO

THE DIRECTORS REPORT. >> THANK YOU, MADAM CHAIR AND

[03:15:02]

COUNTY BOARD. IT A GREAT EFFORT TODAY. HE DID NOT KNOW THAT THE AMENDMENT TO THE PLAN DEVELOPMENT ORDINANCE WENT TO THE CITY COMMISSION AND WAS APPROVED ON FIRST READING AND THEN THAT GOES TO JUNE 17TH. CITY COMMISSION. THAT WOULD BE APPROVED THEN HOPEFULLY. YOU'RE GETTING A FAIR AMOUNT OF PLAN DEVELOPMENT APPLICATIONS. AS WE SAW TODAY, THE ISSUE OF DESIGN, HOW THINGS ARE GOING TO LOOK, THE STANDARD THAT WE ARE GOING TO BE SETTING. I WANT YOU TO BE VERY AWARE OF THAT IN TERMS OF ONE THINGS GO THROUGH AND ENDS OF THE ARK THAT TURN THE LANDS GAPING, TRAFFIC, STORM WATER. EVERYTHING THAT YOU KNOW THAT YOU CAN ASK FOR IMPROVEMENTS THROUGH PLAN DEVELOPMENT OF WHAT THE CODE SAYS. BECAUSE THE PLAN DEVELOPMENT IS INTENDED TO HAVE A BALANCE BETWEEN WHAT THE DEVELOPER GETS AND ASKS FOR, AND WHAT THE CITY GETS IN RETURN. AND SO I MADE THAT COMMITMENT TO THE CITY COMMISSION TO BRING FORWARD GOOD-QUALITY APPLICATIONS TO THEM. WE HAVE A LOT OF DISCUSSIONS, JUST LIKE WE HAVE TODAY ON HOW DEVELOPMENTS ARE GOING TO WORK. WHAT ARE THE APPLICANTS GOING TO DO FOR THE CITY, AND DOES THAT ALLOW THE BOARD AND STAFF AND THE CITY MISSION TO ACTUALLY RECOMMEND SOMETHING FOR APPROVAL? THAT'S THE MAIN THING THAT'S GOING TO HAPPEN. HE ALSO MENTIONED IN THE ARCADE ISSUE TODAY NOT ONLY, DEFINITIONS AND CHANGED BECAUSE OF THE STATE STATUTE REQUIREMENTS. A NUMBER OF CATEGORIES FOR USES IN ZONING DISTRICT BEING AMENDED. WE ARE MOVING FORWARD AND AGAIN, THIS IS COMING FORWARD TO THE LANDING BOARD WITH DIFFERENT WAYS OF ENABLING SINGLE-FAMILY DEVELOPMENT ON MOELLER LOT. SO THAT'S COMING FORWARD. A LOT OF THESE THINGS ARE AWAITING APPROVAL FROM THE LEGAL DEPARTMENT BEFORE WE MOVE THESE THINGS THROUGH. WE WANT TO GET THEM RIGHT. SO WE WILL HAVE SOME REALLY GOOD DISCUSSION POINTS COMING UP THIS SUMMER. APART FROM THE HECTIC WORKLOAD THAT WE HAVE AND I DIDN'T HAVE ANY OTHER OF DATE. THANK YOU.

[9. BOARD COMMENTS]

>> THANK YOU. ANY BOARD COMMENTS? SEEING.

>> ONLY ONE THING I WANT TO ADD, IT IS A DRAINAGE. YOU KNOW, WHEN IT'S RAINING IT'S ALWAYS FLOODED. I DON'T KNOW HOW WE ARE GOING TO DO SOMETHING TO IMPROVE THAT, BUT ADDING ALL THOSE BUILDINGS IS KIND OF LIKE --

>> I THINK WHAT YOU HAVE TO REMEMBER IS THAT THERE IS A LOT OF DEVELOPMENT IN COURT PIERCE THAT HISTORICALLY WOULD NOT MEET THE NEW STORM WATER REQUIREMENTS. SO WHEN YOU GET NEW DEVELOPMENT COMING IN, THEY ARE NOW MEETING A DIFFERENT RHETORIC WIRE MEANT. AS WE DO IMPROVE THE BUILDING OR PUT NEW BUILDINGS AND THEY ARE BUILT TO A HIGHER STANDARD IN TERMS OF HOW THEY HANDLED THE WATER. THE ISSUE IS AS WE HAVE PROPERTIES AGE, THE LAND IS ESSENTIALLY TOO LOW AND DOES NOT ACCOMMODATE STORM WATER AS IT SHOULD WITH NEW REGULATIONS.

ONE THING TO LOOK FOR IS WHEN SOMETHING COMES FORWARD AND IT'S A NEW PROPOSAL, CAN WE GET MORE? CAN WE GET THE DEVELOPMENT TO DO JUST A BIT MORE WITH THE CODE SAYS IT DOES. THAT'S THE BENEFIT OF PLAN DEVELOPMENT. LET'S JUST UP THE STANDARD A BIT SO EACH NEW DEVELOPMENT DOES MORE THAN IT DID IN THE PAST. WE ARE GOING TO SEE SOME REDEVELOPMENT HOPEFULLY DOWNTOWN. ONCE THAT STARTS TO HAPPEN, HOPEFULLY WE WILL SEE MORE ECONOMIC DEVELOPMENT DOWNTOWN AND THAT

[03:20:07]

ACTUALLY PAYS FOR ITSELF IN TERMS OF THE STORMWATER INITIATIVES AND ROADWAY INITIATIVES THAT START GETTING PUT IN PLACE. THE OLDER NEIGHBORHOOD WILL HAVE A PROBLEM FOR SOME TIME UNTIL A LOT OF THOSE PROPERTIES ARE BROUGHT BACK TO THE NEW CODE, AND THEY ARE DIFFERENT BUILDING REGULATIONS, DIFFERENT VARMINTS FOR STORM WATER, WADDING, DIFFERENT REQUIREMENTS FOR LANDSCAPING. A LOT OF THOSE THINGS WORK TOGETHER. TO HELP WITH FLOODING THAT IS ALREADY HAPPENING. OTHER THAN MAKE SURE, AND I KNOW OUR PUBLIC WORKS AND ENGINEERING DEPARTMENTS ARE ALWAYS WORKING ON ENSURING THAT THE FLOODWAY'S AND THE STORM WATER DRAINS ARE WORKING, THAT'S OUR LIMITATION AT THE MOMENT UNTIL WE, YOU KNOW, LOOK AT SOME OTHER SITE AND AREAS THAT HAVE BEEN PREVIOUSLY BUILT. FOR EXAMPLE, THE GATEWAY PLAZA THAT'S GOING IN NOW. THAT WOULD NOT NOW MEET STORMWATER STANDARDS. SO IT COMES IN, IT'S BEEN REDEVELOPED. THE PARKING LOT IS GOING TO BE COMPLETELY REBUILT. ONE THAT'S BEEN REBUILT, IT WILL MEET THE NEW STORMWATER STANDARDS. SO THAT DEVELOPMENT -- INSTEAD OF FLOODING, THAT DEVELOPMENT NOW ALMOST IT IS A REALLY LARGE DORM SHOULD BE ABLE TO ACCOMMODATE ALL THE WATER THAT IT SHOULD DO. AND THIS HAPPENS ALL THE TIME. WHEN WE GET REDEVELOPMENT OF AN EXISTING PROPERTY, WE ARE FINDING THAT THEY HAVE TO STEP UP AND DO IMPROVEMENTS BECAUSE THEY HAVE NOT BEEN BUILT IN THE PAST WITH NEW REGULATIONS. AND WE ALL KNOW THE WATER IS GETTING A BIT HIGHER, YOU KNOW, AS WE KNOW THROUGH, AND WE ARE GETTING HEAVIER RAIN. HOPEFULLY YOU'LL GET TO SEE THAT AGAIN AS THINGS COME THROUGH.

* This transcript was compiled from uncorrected Closed Captioning.

CITY PLANNING BOARD BOARD AGENDA Planning Board Regular Meeting - Monday, June 10, 2024 - 2:00 p.m. City Hall - City Commission Chambers, 100 North U.S. #1, Fort Pierce, Florida

6. NEW BUSINESS

6. NEW BUSINESS

Jun 10, 2024 Planning Board

CITY PLANNING BOARD BOARD AGENDA Planning Board Regular Meeting - Monday, June 10, 2024 - 2:00 p.m. City Hall - City Commission Chambers, 100 North U.S. #1, Fort Pierce, Florida

6. NEW BUSINESS

6. NEW BUSINESS

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