Clermont Planning and Zoning Transcript 4/7/2026

14:22 Good evening. I call to order the April 7th city of Claremont Planning and Zoning Commission to order at 6:30 p.m.
14:31 Will the clerk please call the role?
14:35 Commissioner Tidona present.
14:38 Commissioner May here. Commissioner Ensua here.
14:42 Commissioner Anemic just anemic. I'm sorry. Present. Anemic. [laughter]
14:51 Commissioner Colby here.
14:53 Commissioner Kramer here.
14:55 Commissioner Hoisington here. Thank you. Sorry. I'm used to it.
15:00 Thank you. Please stand as you are able for the pledge of allegiance.
15:04 I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation
15:13 under God, indivisible, with liberty and justice for all.
15:20 Thank you. I'll remind all the commissioners to uh please turn on your microphone uh before speaking this evening. Um when anyone from the
15:27 audience comes up to the lectern, we often call it a podium, but that's actually a lect turn that we have here in the front of the room. Um if anyone
15:35 comes up to the lectern to speak, the mic should already be on. Please speak clearly so the rest of the people in
15:42 attendance can hear and it can also be heard online. We are broadcasting this on the city's YouTube channel which you can find it at city of Claremont.
15:52 So please check that out. Um commissioners should have received the minutes from the March 3rd meeting.
16:01 Are there any additions or corrections to those minutes?
16:06 Hearing none, I will entertain a motion and a second for approval. I'll send a motion to approve the March 3rd, 2026
16:14 minutes. It's a motion. Do we have a second? I'll second. We have a second. All in favor?
16:23 I. Any against? All right. Approved unanimously.
16:30 All right. Um it's now time for uh commissioner reports. I would um let the commissioners know that uh we do have to
16:39 disclose this evening. um if you've had any any communication, any site visits,
16:44 any um exparte communications with anyone regarding any of the matters that are in front of us. Um but for reports,
16:52 I will start with Commissioner Hoisington. Good evening. Thank you, Mr. Chair. Um,
16:59 I just want to report that I attended the city council meetings um, last month
17:06 and there was some discussion at the meeting toward the end and it was also discussed by two of our um,
17:15 commissioners regarding whether to look at a magistrate
17:23 to start I guess overseeing planning and zone.
17:29 Um, and there's been some discussion. I want to go ahead and say, you know,
17:33 street committee talk about the demeanor of this commission.
17:42 And I personally take offense to that.
17:46 I do not like being associated with a commission, with an organization that
17:53 does not promote harmony. agreement
18:01 that it's okay for us to disagree because we all have the right to our opinions and we all have our our our our truth and what we believe.
18:14 But when we make a decision and we vote on something that is presented to us by staff and by the applicant,
18:21 that decision should stand as one decision from this commission. And it's a recommendation that goes to the council that we should not take it
18:31 personal that we should conduct ourselves in the utmost professional manner at all times.
18:38 And I just wanted to put that out because I felt some uneasiness within myself um listening to the comments and the possibilities
18:46 of this commission being dissolved and not allowing we the people to be a part of the process.
18:58 And I hope that all of us moving forward can understand that we each have our right to our opinion
19:05 that we review the information that is presented to us. If we have questions,
19:10 we refer to staff who are our subject matter experts and then we make the decision based on what is presented for us. Not the
19:18 whatifs or whatifs or it could be, but only the information that's presented before us. And I'm going to get off my
19:26 soap box and leave it right there. All right. Thank you for your report, Commissioner Kramer.
19:31 Good evening. I also want to briefly address something that's been discussed recently regarding this board, and that's been the suggestion that the
19:39 Planning and Zoning Commission may be a part of the problem in how Claremont's being perceived.
19:47 I see it differently.
19:49 I believe this board is part of the solution. We're here to ask questions,
19:55 to apply the code consistently, and to make sure decisions are thoughtful and defensible.
20:01 That's our job, and we should take it seriously. But how we do that matters.
20:10 The tone we set with applicants reflects directly on this city. We can ask the tough questions.
20:19 We should ask those tough questions.
20:22 But they need to be professional and constructive, not confrontational or dismissive.
20:32 We've all had the training and with that comes a level of expectation. If we want people to have confidence in this
20:39 process, we need to hold ourselves and each other
20:47 to the very standard every time. a very high standard every time we sit up on this dis and I'm committed to do that and I believe we all should be. So,
20:55 thank you. Thank you, Commissioner Neim. No reports. Commissioner Ensua,
21:03 I just want to say I hope that everybody had a happy Easter. Um, and other than that, no report.
21:12 Commissioner May,
21:14 thank you. And um I don't have to repeat uh in regards to Commissioner Paula and uh Kramer, I do agree with what you said
21:23 and I also spoke um against the special magistrate. So I won't add on to what you all said because I do agree.
21:31 [clears throat] Um I do want to say that I did attend uh the council meeting. Um and I also wanted to um let you all know
21:38 that u we have several new businesses coming to Claremont and I'm very excited about that. I just wanted to point it out. Kingdom Sushi is coming. Um, and
21:47 Cava supposedly is coming. So, more businesses are coming to Claremont,
21:52 which is a positive sign for our city. I also want to provide some kudos to Main Street and the city um and in
22:01 working together in a public private private partnership. um they started the phase one of their plantings on Montrose
22:09 and I don't know if anybody has had a chance to see it but I think it's exciting things exciting things are happening in our downtown and I just
22:16 wanted to uh make sure that Main Street and the city did get the kudos from from myself and probably from the the
22:23 community um and looking forward to phase two. I think there's really incredible things and I'm I'm happy to see that they're working together as a
22:32 partnership for the success for for our city. But other than that, I have nothing else to say.
22:38 Thank you, Commissioner. Commissioner Teddona.
22:41 Mr. Chair, could I uh pass out my please copies? And so um real quick, I'll try to do this as quick as possible. So,
22:53 um, periodically I will go on to the Florida crash dashboard. Uh, these numbers are from January 1st to
23:03 March 19th. Um, so so far in Lake County, uh, two bicycle fatalities,
23:12 two motorcycle fatalities, and one pedestrian fatality. So that's uh five folks um that lost their lives on
23:21 streets. So we had I brought up last year hopefully that there were some solutions in terms of bike lanes and
23:29 different things that the city and the county could do to help protect folks that are either on bicycles, motorcycles, or walking.
23:38 The second page is a proposal that is uh going through the motions in New York
23:46 City. So, what you're looking at is a rendition of any major street, whether it be Madison Avenue, Park Avenue, uh
23:55 Fifth Avenue. Uh it's known as Operation Open Streets. And what Open Streets is
24:02 proposing is to take advantage of New York City's walkability by extending sidewalks,
24:11 cutting down a little bit of the traffic. Um, and those green things that you see lining the street, those are called trees. So, they're going to be
24:20 planting a lot of trees if this proposal goes off. New York City is probably an excellent representative of a mixeduse area with shops on the first floor,
24:31 businesses second and third floor usually, and then above that are apartments. Again, whether it happens or
24:39 not, it's just interesting for me to see that New York City is actually uh trying to grasp onto some of the strong towns
24:48 tech. Um, one could only imagine how wonderful or beneficial something like that could be to the city of Claremont.
24:57 The last thing that you have, um, it looks like the governor signed House Bill 399
25:05 into into state law. Um, the article you have is from Florida uh, politics.
25:13 Um,
25:15 there's another site, News4 in Jacksonville, did a summary on the on it. I'll do a real read it real quick.
25:22 The new law focuses on denials tied to compatibility. In simple terms, it makes it harder for local governments to say
25:29 no to some housing proposals just because they just don't fit. If leaders want to deny a project for
25:37 compatibility, they must point to specific rules and explain exactly what does not match. The law also says general claims like community character,
25:47 neighborhood feel, or similar broad language by themselves are not enough to support a denial.
25:54 The bill also addresses situations where an applicant offers changes to try to resolve concerns. If a developer proposes mitigation measures,
26:05 the local government generally cannot deny the application on compatibility grounds unless it explains in writing
26:13 why the proposed mitigation is inadequate and why feasibility mitigation does not exist. So while I
26:20 would agree with my fellow committee members that part of our job is to be a certain line of defense to protect
26:29 Claremont to encourage development in business. While I would agree that there's a a definitely a certain level
26:37 of professionalism that needs to be exhibited on this deis, um it also looks like the state is taking away a whole
26:46 lot of our ability to negotiate with developers. Um I don't I don't know. I'm not trying to
26:54 be a naysayer or a doomsayer, but the way this is starting to look, counties and cities might not need a planning and
27:02 zoning department. They might not need a planning zoning committee, and maybe uh one guy or a gal of a magistrate, you know, is what we're leading into. So,
27:13 let's do the best we can. Um, but there's a lot of forces outside of this room that are actually working against
27:20 us, no matter how diverse and how respectful we are to each other and to the public. Thank you, Mr. Chair.
27:27 All right. Thank you. I also wanted to uh congratulate um Claremont Main Street for the the planting of Florida native
27:34 trees. Uh just a great effort going on there. And I wanted to thank and congratulate the city on what they do to to support and promote the different festivals that we have. the Pig on the
27:43 Pond was a was a great event. Brought a lot of people downtown and and we couldn't have all these things without the strong support of the city. So, I just want to thank them for that. And
27:51 the last item I want to address is is our next meeting. Uh our next meeting is scheduled for uh for May 5th, which happens to be my 25th wedding
27:59 anniversary. So, uh I've been told that it might not be in my best interest to be here on that day. Um so, um myself as
28:07 well as my vice chair um are both unavailable on May 5th. So, I just wanted to uh to ask council what what is
28:15 the best way for us to uh to to choose a chair for that meeting?
28:19 Uh there's there's no necessarily best way. I think what I'd recommend is that you establish tonight where you have a
28:26 full commission as to who you'd want as your backup to your backup to be um instead of us having to decide it at
28:34 that meeting with the members who are there. Okay. You have a suggestion, Vinnie?
28:40 Yes. Sarah uh I would like to go with seniority and uh ask commissioner insu
28:47 Ensua if you wouldn't mind since it's been on the planning and zoning [snorts] and also on the city council.
28:55 Is that something that you would accept? Yeah, sure.
28:59 All right. Do we need do we need to to vote on that or is is consensus Okay. Um, do we have a motion to have
29:06 Commissioner Ensua chair the May 5th meeting of the planning and zoning commission?
29:11 Since it's my suggestion, I'll set the first motion to have and sewer
29:19 be the chair temporarily while we're both in Italy and we will not be committing the sunshine there. He'll be in one part and I'll be in the other part.
29:28 All right. So we have um we have a a motion to have commissioner and SUA. We have a a second from Commissioner Kramer. Any discussion on this item?
29:39 All in favor?
29:40 I I All right, that is unanimous.
29:45 All right, we will move into the new business and uh item one, we will have a presentation from the city.
30:06 Good evening, planning and zoning commissioners and guests. Justine Day with development services uh presenting
30:12 agenda item number one. So the applicant Michael Leam with Gator Sketch is requesting to amend the end replace
30:21 resolution number 760 to expand their existing church use to parcels designated with the R3 residential professional zoning district. The
30:30 properties as shown on the map highlighted in yellow are located east of the Bloxom Avenue and East Monstro Street intersection and is approximately 93 acres.
30:42 So, as you can see on the larger map that was given to you guys within the supplemental packet, their original
30:51 parcel is that SPA3 and then the two parcels that they would be improving would be SPA 1 and SPA 2.
31:07 And just a better view zoomed in.
31:12 The church located on 709 East Monro Street, designated on the map as area 3,
31:17 is proposing to expand their use to construct a new 2,250 ft building on 743 East Montro Street,
31:25 depicted on the map as area 1. The existing building located on area 1 has a legal non-conforming church use that
31:33 has been operating in conjunction with the church since 1992. Based on the information provided on Lake County Property Appraisers website, the
31:41 proposed expansion is being requested so that the church may be able to accommodate their anticipated growth.
31:48 And just to show you what that would look like.
31:53 So up on the east side, that's the existing building and then their new building that they're proposing is going to be on the south side.
32:03 The new sanctuary would provide approximately 130 seats and allow the church to separate its uses between buildings. The current sanctuary would be repurposed for Sunday school use,
32:13 while 709 East Montro Street would support ancillary functions and provide for overflow parking when needed. The
32:20 applicant is requesting three waiverss along with their request to redevelop the church in a way to make use of their size constrained parcels. The first
32:28 would be to allow for off-site parking within a parcel outside of the central business zoning district as required by land development code section 115-17.
32:38 This will allow the church to utilize all three sites to accommodate for the minimum parking requirements.
32:44 Parking spaces would be placed mainly on the vacant parcel north of 743 East Montro Street designated as area two on
32:52 the map while 709 and 743 East Monstro Street would provide seven stalls on each site.
33:00 So just to show you this is going to be the parcel to the
33:07 north, the vacant parcel. So they are proposing 24 spaces to that north side.
33:13 And then the existing parcel on that corner with the existing church already has seven uh spots that they would be used for overflow parking.
33:27 The second and third waiverss are requests to allow for a reduction to the minimum landscape requirements per land development code section 12343D.
33:36 The applicant is proposing to reduce the landscape buffer width from 10 feet to 5 feet as well as a reduction to the minimum amount of plantings for the
33:44 perimeter buffers. Both areas in which the reduction would occur would be along the side and rear property lines for 743
33:51 East Montro Street and the vacant parcel to the north. This would allow the applicant to improve the site while still complying with the applicable land
33:59 development code requirements such as parking, storm water, and accessibility while still providing screening between the abuing properties. And just to show you guys again,
34:11 the reduction would be on the north's property, north vacant property on the west, north, and east property lines.
34:23 And then on 743 East Montro Street where that new building is going again on the east and west property lines and on that
34:31 south one and in place would be that fence.
34:36 Staff has reviewed the application and finds that the use would not be more obnoxious to the district due to the properties not having any substantial code complaints made since the church
34:44 has been in operation. The proposed expansion of the use does not appear to be detrimental to the health, safety,
34:51 and welfare of the surrounding community. And the city's comprehensive plan supports public facilities and or institutional land uses such as churches
35:00 within residential land uses pending approval of a conditional use permit.
35:07 The city has received one letter of opposition from the property located between 709 and 743 East Montro Street.
35:15 Since the letter has been received, the applicant and property owner has been in discussion regarding requested conditions to resend the letter of
35:22 opposition. While city staff has received the proposed conditions, the discussion has been handled privately and staff is unaware of a compromise has
35:30 been reached. That should be within your supplemental packet. Yes. And just to show you again
35:39 for that parcel that that conditions came through, it would be the one right between SPA3 and SPA 1.
35:47 Staff has no evidence that the proposed use cannot meet the general criteria for granting a conditional use permit per land development code section 101212 and
35:56 recommends approval of the conditional use permit with the conditions contained in resolution number 2026-7R.
36:04 This concludes staff presentation. Great. Thank you. Mr. Chair, may I just ask a question?
36:11 Um, so when when you indicated that there was a quote compromise, what are you saying that the applicant is okay with the conditions that are laid out in the supplemental?
36:20 So in the supplemental packet, the um letter of opposition, that person was saying that they would resend yeah
36:29 their conditions as long as those conditions in that letter was approved.
36:34 I see. Okay. and they reached out to the I believe the owner and the applicant regarding those conditions, but staff is unaware where that went.
36:41 Thank you.
36:43 All right, we'd like to hear from the applicant now.
36:52 Good evening, Michael Laam with Gator Sketch Architects, 1000 East Highway 50 Claremont.
37:00 So, I'm here to answer any questions you have. Um also uh there is a elder here
37:07 from the church as well as a number of members from the church.
37:14 Could you could you answer the the question that just came up um as far as these conditions? It is my understanding
37:20 from speaking with Bishop Forehand that he spoke to the individual in Texas
37:27 twice and that they were going to rescend their um issue with the um
37:35 property and uh Mr. Forehand is out of the country right now. So I'm not sure where it landed.
37:47 So I know that everyone was happy at the end of that conversation.
37:52 So there there was a letter saying that it would be rescended if if conditions were met, right?
38:02 So they my understanding is so if if we place oursel on the house uh
38:09 the property to the west which is the commercial one, they didn't want a fence on that one. Um, and we're okay with
38:18 that. We never had intentions of putting a fence on that one. Um, but there would still be a fence on the main one with
38:27 the church building going and that would be to act as a buffer in lie of the plantings.
38:35 So, it was my understanding they were okay with that.
38:39 Okay. But it also says no no reduction of of easement. So, so there is a um
38:46 electrical easement on both sides of the property which um is already there and
38:53 so we can't change that easement but the landscape buffer will still be 5 feet on either side.
39:03 Okay.
39:06 Do you need to have him read what the conditions are for the record? No, I mean it depends on what you want. You know, I it's just a member of the public
39:14 who was registering their position. It has no legal force validity at all to the unless you want to consider it.
39:21 Yeah. Know the the only question that I wanted to just verify. He asked for their no reduction of the easement from 10 feet to 5t. So there was no issue in regards to electrical. He just doesn't
39:29 want it smaller. He just he wants to keep it as 10 feet and not and and that is on the west property. Okay.
39:36 Yes. And we have no issue with that at all on the property. I'm sorry I can't see,
39:42 but the one that the building is on is Thank you so much, Justin,
39:46 which is SPA1. Um, we're still going with the 5T there and on the
39:53 property north where the grass parking is. Their main main concern was SPA3
40:01 and and we acknowledge their uh comments there. So these three are addressed from SPA3.
40:10 Yes, sir. Yes, sir.
40:17 Okay. We will bring it to the commission, but um so you're done with your your presentation and and I'm sure there'll be other questions, so you can stand by. All right.
40:27 Um now's the portion of the meeting for public hearing for resolution 2026-7R.
40:35 So, if there are members of the audience who would like to speak, I'd ask you to please come up to the lectern at this time.
40:45 Please state your name and address for the record.
40:48 Good evening. Uh, my name is Robert Halley. I'm a senior deacon in Emanuel Temple Church. I reside at Plum Lake Estates in Minnola.
40:57 I just have a statement here. Um, I've been in this area since 1981 and like the city, I've seen the enormous growth
41:05 and the continued growth of the city and like the city, I like to commend them for what they've done. You know, I was
41:12 an employee of the city for 38 years and um, matter of fact, when I came here, I called him Mayberry. That's can you can
41:20 see the difference in growth now. But uh, I commend the city for what it's done. has gone a long way and has
41:27 handled a tremendous growth and I appreciate that and like the city the church is trying to accommodate the growth. Right now we're at uh we have
41:36 approximately 100 me members and we're at capacity right now. We have uh uh children's church we had to renovate to
41:44 accommodate the children but that's at capacity also. And um we can't really have a double service because we share
41:52 our building with a ministry, a Spanish ministry. So we're we're pretty filled up. Amen. You know, um
42:03 let me see something else I want to say.
42:11 So if there's any question probably about financing, we'll be able to do it.
42:15 Um, all our properties are paid for and we currently have $55,000 in in our budget right now. And what the pastor
42:24 and all of us want to do, we'll get to a h 100,000 and then we'll leverage our properties to give us approximately
42:31 500,000 to do this work. So, there won't be any lacking. You know, that should uh be able to finish the building, I believe.
42:41 Um,
42:43 so I think that's all I needed to say unless there's any more questions. Um,
42:52 thank you for your consideration this matter. Thank you.
43:00 Yes, it's still Yes, it's still public comment. Um, is there anyone else who would like to speak on this issue?
43:11 Good evening. I'm Haddie McGriff. I am here representing my sister Denise Slatner who owns the property between
43:18 the two parcels on the south side of Montrose. And just want to clarify the conditions that when we talked to Bishop
43:26 forehand, it was that yes, we did not want the fence um along that along the
43:32 west side of the property nor the uh decrease and the easement nor hard surface parking. Those were the three
43:41 conditions that we talked about and that he was amendable to. We have a question, ma'am, for you. Thank you for coming this evening,
43:49 ma'am. I appreciate that because I do have a question. When you said no fence,
43:53 you're talking about Could you put no fence on the west side?
43:57 On the west side of the SP one or three? Three.
44:05 They don't want it along the east side of the property on SPA. SP3. Right. On the east side, she means.
44:13 Correct. On the west side of our property. East side of SPA3. Okay.
44:19 Gotcha. Okay, then that's that's really what I want to know because that was the answer. Correct.
44:26 You are aware if they have handicap parking according to the ADD, it has to be concrete.
44:33 Well, that was the thing because we don't want the house in the middle where family lives in and Denise come and visit often. It's literally is putting
44:41 us at between two parking lots. We would literally be looking like we're sitting on a church parking lot and that we
44:48 would prefer not to do. Ma'am, I live next to a church. I understand where you're going on this. Okay.
44:53 So, that's why we're like no hard parking then it'll still stay similar to what it is.
44:58 Okay. Very good. My final question is real simple and that's why you're the spokesperson for your sister.
45:05 Does she live in Texas or she just visit? It's just, you know, does she reside at this property or you rent?
45:11 Oh, she visits there. So, we have family that lives there. Oh, family that lives there. Okay. Okay.
45:16 I get it now. All right. family that lives there that attends the church. But, okay, now you're making it complicated.
45:22 All right. Complicated. No feds, no hard pe. Okay. Thank you, ma'am. All right. Thanks.
45:30 All right. Is there anyone else who'd like to speak on this issue?
45:40 Good evening, ladies and gentlemen. My name is Sheldick Thomas. Um,
45:45 I pretty much been a clerma all my life where uh with nothing but orange girls pretty much right behind us or whatnot. Um,
45:53 before I left uh joined the Marine Corps uh what was it 16 years ago? About 16 years ago, it wasn't that much traffic
46:01 coming through uh East Macho Street, but now it's it's it's very high. It's very
46:08 high. And uh one of my questions was I know the church is planning on building and expanding having more people come in
46:16 which means more traffic. Everybody on that street is pretty much elderly including my mother. So I was wondering
46:23 if what the council can do for like speeds uh speed bumps or or anything like that.
46:34 Not quite sure how to how to answer that. I think I'll defer to council on that.
46:38 Well, I mean, just as a this is the public's opportunity to give you input on on I don't know that we're necess I
46:47 can necessarily answer the question. Um there are options that the city has to address speed control and traffic
46:54 control and that kind of thing. Um whether or not it chooses to, I I don't know. Um so that's kind of a remains to be seen type item.
47:04 Okay. because I got I got four young children and even when I go visit my mother I I still live in Claremont. Uh I
47:10 live at uh 10942 Crescent Ridge Loop uh kind of along house road but um when we go visit her it's just a hard time
47:19 because everybody's doing 30 or 40 better going over there. I don't trust my kids. It didn't wasn't like that the whole time but now you know everything
47:28 since Columb got bigger. Um the streets didn't though. Um, and I was just wondering what can be done about that.
47:35 Council, I I would ask that and I I think I'll I'll bring it up once we actually once the board gets a chance to
47:42 actually discuss. Um, whoever makes the motion and whatever whatever direction we go, we should probably add in a recommendation of looking at something
47:50 in terms of doing something on that road, whether it's a speed table or a bump or a sign or something like that. So, um, I would
47:59 just bring that forward for the record to let you know that we have acknowledged it and I don't see that the I I can't see the applicant not wanting to be more safe on that street,
48:09 especially with children's.
48:11 Exactly. So, I'll just bring that up for the record and and I think it's a great idea and then making it a part of the if it is the way that the commission goes part of the
48:19 recommendation of the council to assess that. Yes. Yeah. Okay.
48:23 Does that that that answer your question? I appreciate it. I'll just be keeping up with it. Thank you.
48:30 Just to add to his comment, um, in the civil design, it is our intention to
48:36 promote the city to allow us to stripe the city as a crosswalk there. Um, and to put signs up, you know, crossing. Um,
48:46 now obviously the church is only there on Sundays and Wednesday nights, but but at least we can participate to help with that.
48:57 I mean, that's one good thing. At least we're just talking about churchgoers for the most part. It could be worse. So, okay. Are there any other comments?
49:05 Anybody else want to come up?
49:08 This will be the final call for public comment. [clears throat]
49:12 All right. We will close the the public hearing and uh and bring it back to the commission. Um we will start with you,
49:20 Commissioner Chadona. Thank you, Mr. Chair. Um, Sunday and Wednesday night, right?
49:28 Yes, sir.
49:29 Okay. Um, one service on Sunday, one service on Wednesday night.
49:35 So, there is on Wednesday there is also uh a second uh service there. So,
49:41 they're there for about two and a half hours. Okay. Currently, you got a 100 members,
49:49 correct? 100 members. I'm sorry. 100 members.
49:53 That's that's my understanding and that's what they the elders said. Okay.
50:00 Just out of curiosity, do we know how many people actually walk to the church?
50:05 I do not You're fine.
50:14 Uh as far as I know, we have a church bus and everybody takes their own personal vehicle. I don't not aware of any walking. Okay. Church.
50:23 Just curious. You know, it being a neighborhood church. Stay right where you are, Pastor Alder.
50:29 The Spanish mission ministry happens after mass on Sunday.
50:35 They Yes, that's correct. And they also have a Friday night ministry. Friday night. Okay. So,
50:43 do we know how many members are there? H I can uh approximate 45. Okay.
50:51 Yeah. Okay. When I when I look at this, all right,
50:59 130 seats is what's planned, right? Right. Okay. So, if I took four people per car,
51:08 that's 33 cars.
51:11 That's not including clergy wherever they live that they may be driving.
51:16 That's not including maybe your technician who's going to air the mass and that's not including maybe your security people. So just bear with me.
51:27 So if you I have 24 spots across the street and seven at 709 and 743. Two of which at 743 are handicapped.
51:39 And we got 38 parking spots, right? 7 + 7 24 is 38.
51:46 you are just about there where you're full.
51:50 Okay. No, knowing that you will fill those 130 seats. All right.
51:56 But that means that's going to happen at least four times a week. That's going to happen Sunday, twice on Wednesday night.
52:06 Actually, two more. Two on Sunday and a Friday. We're going to have people coming and going.
52:11 Yeah. We say we're at capacity, but those services don't always, you know,
52:15 they Right. We're not always full. Understood. I got you. Where is this bus going?
52:22 Um, currently it's on SB1 right now. That's where we park it.
52:28 Know where it goes like in the neighborhood?
52:30 Well, if I'm assuming that bus is either going to make a route and pick up people and then drop them off, but we're not talking about a bus in the packet. So,
52:40 where is the bus being parked while mass is happening?
52:44 It's at our uh pastor's house in Lakeland.
52:49 In Lakeland. Okay. So, it's actually out of sight, out of mind, so it's time to come get them. Perfect. Awesome. Awesome. Awesome.
52:57 I'm just going to piggyback on some of the concerns for traffic. Okay.
53:01 And I appreciate my fellow committee members saying that we will put in that stipulation.
53:08 Will there be any kind of traffic control when services are ending?
53:13 Oh yes. Well, uh uh like the tra regular crossing guard, somebody that's Okay. So, we will be directing traffic
53:20 and somebody who with all due respect because I did it knows what they're doing, you know. So, if this gentleman and the neighbors want to come off the
53:28 street, you know, you're going to hold up the people in the parking lot, let people pass and all that other stuff.
53:34 It'll be kind of It's got to be orderly at least four or five times depending on how many masses or services are letting out.
53:41 I have MLT DOT training on that. Awesome. Okay. On that traffic control. Okay. [snorts]
53:49 Um, thank you. Okay, that's all I have, Mr. Chair. Thank you. Thank you, Commissioner May.
53:58 Thank you for the questions, Commissioner Tona.
54:10 So, um, my question is to staff. Is a parking lot on a separate parcel considered a use and do they apply for that use?
54:23 Because we're doing we have three parcels. One has two of them have uses.
54:28 One has a use for a Sunday school and the services. The services.
54:35 The other one has an auxiliary uh anuxiliary. Yes.
54:38 And then the other one is going to be used for parking. Yes.
54:40 So it's a it's a separate parcel. So does that also because it's just for parking.
54:46 Is that considered a use? And do you need a cup or a variance for that?
54:50 This would be granting the use for that separate parcel without having that building on the parcel.
54:59 You're right.
55:00 And then I'm sorry, repeat the second question.
55:02 No, there wasn't a second. That's just um I just wanted to know if they had to apply for that and that should be in the resolution as well. I mean, are the
55:09 three parcel IDs in the resolution and for the CUP?
55:17 because I'm just, you know, I understand the CUP for a church and a CUP for the incillary, but I don't understand if there's, you know, parking lot is a
55:25 different use and there has been cases where people build just parking lots without having it be part of a building within the
55:34 comment. So in the code that zoning of the SPA2 allows church uses without a CUP to
55:42 begin with on the SPA2 or the SPA1. Two. I'm sorry.
55:50 Oh, I'm sorry. It's number three. Yeah, three. Yeah, I'm sorry. Yes.
55:54 Yeah, SPA1 already has an existing u structure and so does SP1 at that location that allows church uses without council approval.
56:04 Right. I'm talking about SPA2. That's just parking by itself.
56:08 That was part of the um Yeah, she she's mentioning that it should have been notated in the
56:14 resolution in the legal ad that we are also requesting parking along just separately.
56:22 It's sep because it's three different parals. They're not connected that they're and they're uh three different L
56:29 keys. So I don't know if you need us advertised it as could we have staff I'm sorry could we have staff come to the microphone and
56:36 just make sure that so everyone can hear. Thanks.
56:40 Sorry. So she she's mentioning that within the resolution and the legal ad it should have been notated that it
56:48 would be church and parking use but the parking and I am not sure of this so I might defer to Kurt for this one but I
56:56 believe that would be part of the church ancillary uses. Yes, it would be.
57:01 That's why we left it like So, I'll I'll Since you're real estate law since it's three parcels, three different alt keys,
57:09 do you need a cup for all three? Because sometimes you have a parcel that doesn't have a building, but you can build
57:16 parking on it and use it as a business and rent out parking. So, I don't know,
57:21 do you need a cup as well for that particular parcel? Because it's a separate al key. It's not connected to,
57:28 it's across the street. Do you need a cup as well? And and should that also be a condition in I mean, I'm sorry, not a condition. Well, I guess a condition under number two as a separate cup.
57:38 Well, I just want to make sure I'm following. So, are you asking whether or not the cup we have under consideration tonight encompasses all three parcels?
57:49 Correct. Uh, that's a good question, I guess. Um,
57:55 let me just see. I'm looking at the cup um language because when I looked at it, there
58:03 really wasn't any CUP uses that pertain to parking lot.
58:10 The I think everything is pretty well covered under the proposed CUP.
58:15 Um it would run with the land and all three parcels. I I do see the I mean I
58:22 see parking described in the cup language. So I guess I'm trying to figure out what the issue is,
58:31 right? No, I was just wondering that if you need a cup for separate if that paral yes for each one because if that parcel was by itself I see what you're saying. No parcel.
58:40 Okay. So we don't have to say church use ancillary uses and buildings used in conjunction with the church under two C parking lot.
58:48 No. Okay.
58:49 I mean, it's not necessary. You can write it how you Well, the only reason why is that if in the future, and I know they're not going to sell it, but in the future, then that
58:58 use they decide they want to sell that land and it's only parking,
59:03 then that is a separate parcel. It's a separate cup. That's the only reason because that could happen. I mean,
59:09 I mean, we've had this issue with another property recently. So,
59:13 the legal ad does encompass all of them as well.
59:15 Yeah. And I I've I've so I think commissioner to your point this does sometimes happen but it's a
59:22 problem for them not for us you know if that makes sense. No. Yeah. So that would be so anyways go ahead.
59:30 Sorry I just want to clarify one thing within the conditions as well. It also says that they would have to abide by
59:37 land development code section 115-17B which basically says if they don't use
59:44 the parking lot anymore then that use goes away.
59:48 Okay. So if the parking at the site is deemed to be any adequate are you talking about number seven? Uh one second.
59:53 No that's separate. Um, so there's that assurance as well in the CF language that if the city deems it's inadequate,
1:00:02 CP could be revoked. Um, but I think what staff is referring to as a code section, um, that means that they've got
1:00:11 to use it for what they say they're going to use it for, else it kind of may go away.
1:00:17 Okay. So the CU is attached to the church, church attaches to the parking lot. If they don't use both then in a manner of speaking.
1:00:25 Yeah. But I was just as just to make it just because it's three different parcels and and you can sell one of them, you know, that's the thing.
1:00:35 It's that's how I see it. Yeah. So that was my question. So if you guys are all okay with that, you're right. It's like zoning. I mean,
1:00:41 if it was reszoned, it's it's like as as one, you know, PUB use, for example, if
1:00:49 it all got PUB zoning and then only one parcel got sold, they're still stuck in the PUD conditions. It's the same thing here under a cup.
1:00:56 Got it. So, if you're comfortable that it the langu the resolution has that language of the parking and it's attached to the cup, then we're good.
1:01:04 I'm comfortable. Okay. For whatever that's worth,
1:01:06 as long as the legal I asked legal and they said okay. So, yeah. I mean, yeah, [laughter] just wanted us to Okay, perfect. So,
1:01:14 that was the one question. Um, 10 feet to 5 feet. Um, again, what was the
1:01:20 reasons behind the the the reduction was because of the parking? Okay. So,
1:01:28 the parking does not fit any other way.
1:01:32 So, are we going to be compliant with the parking we needed the five feet is the best way?
1:01:37 again. We're having trouble getting everyone. [laughter] We need it on the mic. It's okay. My apologies. No, no worries. So, I'll ask again. So,
1:01:44 the 10 ft to 5T, what was the reasoning behind that? And you're saying that it was because of parking. Because of the parking,
1:01:49 right? So, for me to be comfortable with that from going from 10 10t to 5t, then I would look to you and say, okay, what
1:01:57 can we do in lie of that? So, if you want the 5T, could we provide more vegetation on the parking lot? Uh
1:02:05 there's no shading at all in that parking lot. I mean it's it becomes hot in the summer um for me to be comfortable for that and I understand
1:02:13 that you want the parking. Is there could there be some more vegetation added you know to the site because I don't see any vegetation at all even
1:02:21 that is correct on the plans. There is no vegetation because the church is transient and there is no permanent staff to do
1:02:30 maintenance or um water it. The the staff the pastor and the staff live in Lakeland
1:02:38 and they come here for services and then go home.
1:02:42 So we didn't want this set the church staff or not staff one person the pastor
1:02:50 or the congregation to fail. That's why we did the um the vinyl fence privacy fence, the six foot as the buffer. Yes, ma'am.
1:02:59 Okay. But there's one neighbor here that instead of the fence, they would like to have the trees or shrubs serve as a barrier screening in their location.
1:03:08 And I understood that was on the SPA3.
1:03:11 That's on the It's on the west side of his property, which is the west side of 7-Eleven East Montro Street. Right. Okay. So, and you were okay with that?
1:03:20 Yes. Okay. So, um,
1:03:23 so that that answered my question on the 10 to 10 feet to five feet. Um,
1:03:30 can you show me again where this 6ft high wall alongside real property? So,
1:03:34 it's everything besides that one that one uh side the vinyl the vinyl. Yes.
1:03:42 Because you're you're reducing from 10 to five and in and and in place of that you're putting a vinyl fence. That's correct.
1:03:48 Okay. So the P So it's going on the west side, okay,
1:03:53 the um south side and east side of SPA up to um
1:04:01 there is a dimension there of 20 ft uh off the parking lot uh sidewalk, sorry.
1:04:09 And then also on this side too, right? Yeah. And on SPA2 and also on SPA2.
1:04:16 Okay. And then on the east side of SPA3 and at the bottom as well. Correct. On SPA3,
1:04:23 it is along the east side.
1:04:25 Right. And what about the We're not doing anything there at all.
1:04:31 We're trying to We're trying to maintain that piece of property essentially untouched. All we're adding is concrete wheel stops. Okay.
1:04:41 To define parking. That's got it. Okay. And SBA3 is C1 anyway. So that's commercial versus three. So you're trying to appease to the residents.
1:04:50 Yeah. To at least have the vinyl, which is important. And I understand that for the SPA3.
1:04:54 Okay. Perfect. And then um there was uh the u lady for the public comment that spoke on behalf. Yes. Her sister. She
1:05:03 said that uh it was she was concerned about the gravel, I guess, or or or parking. But based on my my I just want
1:05:11 to clarify based on my it's it's grass. It is grass.
1:05:16 Okay. So the so grass on spa 2 correct grass on spa 3. Correct.
1:05:23 And SPA1 is an existing is existing gravel. Correct. Gravel. Okay.
1:05:30 But the handicap obviously will be concrete.
1:05:33 Right. And the handicap is only on SPA 1. Correct.
1:05:37 Okay. So not on SPA 3. And that is not a requirement. Is that That's correct. It's not a requirement. Okay. Yes,
1:05:43 we we achieve the requirements that ADA and the city code asks for based on the number of parking.
1:05:52 Okay.
1:05:53 Okay, perfect. Um All right. And then on the parking, and this is probably a staff question, or
1:06:00 you can probably ask answer that. Um I understand how you got 33 because it's 130 seats and you divide that by four.
1:06:07 So you got 32.5 and then you add that.
1:06:10 But does this calculation also include the the existing Sunday school? It does. And and the ancillary building. It does.
1:06:17 So based on um um student teaching ratio
1:06:24 there, the parking calculation has a Sunday school teacher and an assistant. Okay.
1:06:32 In the Sunday school. Okay.
1:06:34 And their parking that body count is included. Okay. Yeah. So that satisfies that. Okay. Perfect.
1:06:42 And I think uh for me right now that is as of now all the questions and I appreciate your
1:06:50 time. Thank you. No trouble. Thank you. All right. Thank you, Commissioner May. Commissioner Ensua, I actually only just have one question.
1:06:56 Um for SPA2, uh is there a reason you guys decided to go with vertical parking in comparison to diagonal for for that lot?
1:07:06 We did.
1:07:09 So, we wanted it to be the safest type of parking possible
1:07:15 for people that were backing out and pulling in and that's what we came up with.
1:07:22 Great. Okay. Just wanted that out in the public. I wasn't sure because I know a lot of times with diagonal you obviously can get some more space and more density.
1:07:30 Absolutely.
1:07:31 Perfect. I don't have any other questions. You guys have already talked to your neighbors and they're fine with that and from a planning perspective,
1:07:39 this looks good. So, no other questions for me.
1:07:42 All right. Thank you, Commissioner and Sua. Commissioner Neck.
1:07:46 Good questions, Commissioners. Very good questions. Uh, I just have a few if you don't mind. Uh, number one to staff if
1:07:54 you since you're right there, Miss Justin. Yes. Is there street parking allowed?
1:08:00 Not that I'm aware of. No. However,
1:08:03 there are street parking on East Montro Street that's existing already. That's that's what I want to ask. Okay.
1:08:10 Okay. To the applicant. Thank you very much to the applicant. Uh okay, we found that one out.
1:08:19 You said you have a 100 members. So,
1:08:22 pretty much what is the age of the children's church? Would you know that off hand, sir?
1:08:26 I don't know. Elder, if you could answer that, I appreciate it to help me reach my decision.
1:08:35 Sorry to call you back up.
1:08:36 Um, mostly elementary. We we don't have any teenager church right now. Just elementary. So,
1:08:42 so their oldest is maybe seven or so. Okay. That leading to stay there.
1:08:49 Leading to my second question. Is there a pickup? Like when the children go into the school, do the parents go home or do they go to the church services?
1:08:58 Oh, they're in the church. Excellent. Good answer.
1:09:02 Thank you. Now, could you ask me and I'm uh we were told there was Sunday and
1:09:09 Wednesday nights and then you disclosed there was a Friday night. Are there any that you could think of? Are there any
1:09:17 other services besides Friday, two on Sunday, and two on Wednesday?
1:09:24 Of course, we're a church and we have revival sometimes or evangelistic meetings. Regular services. A regular service. That's about it. Yes.
1:09:32 Okay. Thank you. You answer those questions and I have no other further questions. I'm ready to set a vote. All right. Thank you, Commissioner Neck.
1:09:41 Commissioner Kramer. Thank you, Chair.
1:09:44 Um, I really don't have much. I just want to clarify one last time on the easement because I'm I'm getting confused and I want to make sure that
1:09:53 the resident at in between SPA3 and SPA 1 is asking for
1:10:02 no reduction in the 10 to 5 foot easement on the property that would be to the west of their their property. Is and and everybody's okay with that.
1:10:15 Yes, sir.
1:10:16 Okay. Because when I'm just asking so when we make the um when we start making a a a motion that we get this correct
1:10:24 because I want to make sure that we're not making any mistakes here. Um all my questions been answered. Thank you. I feel real good about this.
1:10:33 All right. Thank you, Commissioner Kramer. Commissioner Hoisington.
1:10:36 Thank you. Thank you, Mr. Chair. Um excellent questions from my fellow commissioners. they they practically asked or they did ask every question
1:10:44 that I had written down. Um I I do have a problem with the reduction in the easement. I also have a problem with the
1:10:52 reduction in the um the greenery.
1:10:59 Knowing that area, what it looks like now, and and and foreseeing what it would would look like when the church expands,
1:11:08 I would think that the church would want to beautify the area and put as much greenery around to make it feel, you know, just to build up the community.
1:11:19 And I saw where there was a statement here where they did not want to go, they wanted to reduce the amount of vegetation that they put in. And I have
1:11:27 a problem with that. the gentleman that spoke on the traffic and the speeding.
1:11:34 I don't think there's a council meeting that happens where there's not a community that's complaining about speeding.
1:11:43 There's not a council meeting that goes by, a community that's complaining about speeding. And this particular area,
1:11:50 the traffic has picked up tremendously.
1:11:54 Is it to avoid getting on 27 and 50? I don't know. But the traffic is constant.
1:12:00 Whether it's Saturday, Wednesday, or Friday, it's every day. The traffic is constant. And to add additional seats,
1:12:07 which means you'll be bringing in additional people, which would means you'll be bringing in additional traffic. That concerns me. And once the traffic leaves, it goes on um Bloxom,
1:12:19 then it goes on Dodto.
1:12:21 All of that I have a problem with. than I right now based on what I've heard. I can't support this. I can't support this
1:12:30 particularly if they're not wanting to beautify the area. I if I live there, I wouldn't want a fence going up on either side either and then my house being in
1:12:38 the middle. Um so those are just some concerns of mine.
1:12:44 Right. Thank you, Commissioner. Um, I I guess for for my comments, I I would just ask would the applicant like to to address um any of those items?
1:12:57 Well, I I'm not sure what to say to your objection um other than I know that um the church uh is part of the community.
1:13:10 They care about their community. I know that um we we want to make this project
1:13:17 successful for them and we didn't want to add things that would become a burden
1:13:23 to the church upfront costs and forever maintenance. So those are some of the driving forces in these decisions.
1:13:34 Can I piggy back on Yes, go ahead. on her questions. Um,
1:13:40 when I asked about the 10 foot to five feet, you answered it was because you wanted to fit the parking
1:13:48 because you wanted to you wanted to fit the number of parking. So,
1:13:52 if we decided not to do the the five feet and 10 feet to to you or to staff,
1:14:00 what what happens? I mean, does it reduce it to how many numbers? and the church cannot do this project. It's that simple.
1:14:09 Okay, that's I wanted to hear that. Thank you. All right. Um before I ask for a motion,
1:14:15 uh are there any other questions or comments from any members of the commission?
1:14:20 So, I'm going to go back one more time because this is where I got confused. Thank you, Commissioner.
1:14:25 No, no, no. Thank you for doing it to me again. And I I mean that sincerely.
1:14:30 Thank you because you raised exact you were the one that raised it originally.
1:14:33 Why? So, I want to be clear if I make a motion to pass this and one of the things I say is no. If I add four
1:14:42 caveats to this and number three would be no reduction of the easement from 10 to 5t that will be an impediment for you, won't it?
1:14:49 That would be on SPA3. Okay. Only.
1:14:53 So, that's what and that is exactly what we're trying to to make sure. So, so
1:15:00 only for SPA3 would the redu SPA3. There is no reduction of uh
1:15:09 setbacks or borders or anything. We're not doing anything to that parcel other than putting concrete wheel stops in to
1:15:17 define the number of parking spaces that already exist there.
1:15:22 So, I'm going to make a motion here and I'm going to try to craft a motion here and it gets a little complicated. So I you know I will say that um parking
1:15:32 shall be grass parking according to this yes sir letter that you have agreed that the parties involved have agreed and I
1:15:40 appreciate that no fence shall be installed on the left side uh that would use shrubbery and that no reduction of the ement from 10 to 5t
1:15:48 but if I say that in general should I say 10 to 5t for spa three three
1:15:55 yes sir and there reduction fence and there is no fence on SPA3
1:16:02 and there is no gravel or paved [clears throat] parking on SPA3.
1:16:09 There is grass parking on SPA2 and one. Understood.
1:16:16 Other than the two handicap spots.
1:16:19 Thank you. I really am just trying to make sure that that if I make a motion here, which I'm going to do.
1:16:25 Okay. Well, we're I'm have not called for a motion yet. Are there any any more uh questions, comments?
1:16:31 Yeah. In addition to the conditions, I would like to add what Commissioner Eva,
1:16:37 I can never say your last name, so I apologize. Um it's it's ensu practice.
1:16:42 Thank you. And I want to be I just didn't want to say it wrong. That's a lect turn and that's Ensua.
1:16:47 We'll get it right. He did bring up a very important um point in regards to the gentleman that brought it up about
1:16:54 this traffic and would like to get his comment if you can in regards to or or discussions on if you wanted to add
1:17:01 either a speed control or a speed bump um or maybe a crosswalk as well as you
1:17:08 know I understand that they're having uh somebody who's directing the traffic um and then commissioner neck you did a
1:17:17 good point in regards to asking about the school and also in regards to traffic. The one question that leads to
1:17:24 me is that is there parking do people now the members park on the street?
1:17:32 Yes, I believe there are three parking spaces already on the street that they do use.
1:17:40 But we're but you're going you're going to have a parking lot. So what I'm trying we based on I'm sorry to interrupt you.
1:17:48 My apologies. Um based on the code and staff told us we cannot count those
1:17:55 spaces because they are offsite and we can only figure and calculate based on on-site.
1:18:02 Okay. So the reason why I'm bringing that up is that's something that you know it's you know control of park you know. So, I would like for you to I know
1:18:11 you had talked about that and so if that could be a condition, I'm okay with having a condition like that added because of the people walking past in.
1:18:20 Do you want to comment on that, Commissioner Ensua?
1:18:23 Yeah. No, that's that's fine. I'm fine with that. All right. So, uh, no other questions, comments from from the commission. So,
1:18:32 at this time, I will entertain a motion.
1:18:36 I am going to attempt this. Hey, buckle up, folks. I make a motion to approve
1:18:44 20226-007R with the following
1:18:51 recommendations by the board. That the parking area on 709 East Montrose property,
1:19:01 let's see, shall be grass parking only.
1:19:04 Recommendation two, no fence shall be installed on the left west side of the property of 7-Eleven East Montrose and
1:19:13 the recommendation for shrubs or trees to serve as the barrier.
1:19:18 Recommendation three, no reduction of the easement from 10 to 5t for SPA3.
1:19:28 And number four, recommend speed mitigation that would be deemed most appropriate by staff.
1:19:38 That's it. Okay.
1:19:40 So, we have a motion. Does that sound like a proper motion to council? Yes. Okay. [laughter]
1:19:48 So, we have agreement that that sounds like a proper motion. Do I have a second for that motion? I'll I'll second it. Yes,
1:19:55 we have a motion and a second. All in favor, please say I. I. I. All right. I.
1:20:03 Any opposed? Chair votes I. Unanimous. Thank you very much. Thank you.
1:20:11 Thank you guys.
1:20:15 All right. We will move on to item number two and a presentation from staff.
1:20:23 I'm still confused about this family living there. They're host of the church. That one confused me.
1:20:29 And I'm trying to keep it simple tonight.
1:20:33 Why don't you give him a second to get out?
1:20:36 Yeah. We'll we'll we'll wait just a moment while while folks make their way out. Thank you for coming.
1:20:44 I think that's the largest besides my community. Thank you.
1:20:51 I ain't saying that. Listen, I'm okay. staff, would you like to present item number two?
1:20:58 Of course. Good evening, planning and zoning commissioners and guests. Nick Gonzalez, Development Services. This is agenda item number two. Wallberers at Home Depot CUP.
1:21:08 The applicant, Adaptive Provisions LLC,
1:21:11 is requesting a conditional use permit to allow the operation of a food truck on an improved on an on an improved parcel.
1:21:21 Good to go. You're good.
1:21:24 All right. I'll start from the beginning. The applicant adapted provisions LLC is requesting a conditional use permit to allow the operation of a food truck on an improved
1:21:32 parcel designated within the C2 general zoning district. The proposed location is 1530 East Highway Street Highway 50
1:21:41 within the Home Depot parking lot. The applicant proposes to operate a single food truck Wallberers offering takeout
1:21:48 service only. The use is intended to be a familyfriendly in nature and will not involve alcohol service. amplified entertainment or late night operations.
1:21:57 The proposed hours of operation are 7 days a week, 8:00 a.m. to 8:00 p.m.
1:22:02 Consistent with the Home Depot's business hours. The applicant has provided written authorization from Home Depot allowing the use of the property,
1:22:10 including access to restroom facilities for patrons and mop sinks for operational uses.
1:22:16 Uh here you can see the site that is the shopping plaza that is north of Highway 50 and that is off of Oakley Sver Drive.
1:22:27 Uh if we can go to a closer, this is the Home Depot that we is the subject
1:22:34 property and here is where the food truck location is proposed.
1:22:43 All right.
1:22:45 The food truck is proposed to be located near the prosection of Home Depot on the east side of the facility, positioned at least 10 ft from the building. The
1:22:54 placement will not impede the designated fire lane, and the final location will be confirmed during site review to ensure compliance with all applicable
1:23:03 building and fire safety codes. The food truck will also require connection to electrical power from Home Depot for
1:23:10 which the applicant will obtain the necessary permits prior to installation and operation. Additionally, the applicant has indicated that a
1:23:19 contracted service provider will handle the collection and disposal of gray water and waste oil. And again, here is the proposed location.
1:23:31 And this is where the pro shop is. and they designated that red area would be the designated fire lane that they will stay out of.
1:23:44 And here are some photos. This is uh an existing Wallberers food truck that is located at a different location at a
1:23:51 Home Depot store. And here is the proposed location at the Claremont Home Depot store.
1:23:59 That is uh where the pro shop is. this canopy. So, it would be around this area. Um, is the proposed location still
1:24:08 will need to be verified during site approval.
1:24:12 The uh city's land development code does not identify food trucks as permitted use within the C2 general general
1:24:19 commercial district. As such, section 125-
1:24:23 uh 313 requires approval of a conditional use permit for this type of operation. Although the C2 general
1:24:30 commercial district permits restaurants and food establishments when conducted within an enclosed structure, staff finds that the proposed use is
1:24:38 compatible with the district and what would not be more objectionable than any other permitted use. Additionally, due
1:24:45 to the recent food truck applications uh presented to planning and zoning council, uh the city council has directed staff to prepare an ordinance
1:24:53 that will allow food trucks or mobile food services operations meeting approved conditions to be permitted uh eliminating the need for a conditional
1:25:02 use permit. This ordinance amendment will be brought forward both to the planning and zoning commissioner commission and city council for consideration at a future date.
1:25:12 When evaluating a request for a conditional use permit, the land development code section 101-
1:25:18 uh 212 requires specific development standards that are required to be met.
1:25:22 Staff has reviewed the application as submitted in accordance with the development standards criteria and finds the proposed use can meet the general
1:25:30 criteria for granting conditional use permit. The proposed use will not be detrimental to health, safety, welfare of the surrounding community and staff
1:25:39 recommends approval of the conditional use permit with the conditions contained in resolution number 2026-009R.
1:25:47 And that concludes SAS presentation. Thank you.
1:25:50 Thank you very much. At this time, we would like to ask the applicant to come up.
1:26:02 Hi, my name is Briana. Um, I'm with Adaptive Provisions and I'm the NSO manager.
1:26:09 My name is Eden. I'm with Adaptive Provisions. I am our head of training and development. And today we are here
1:26:16 to discuss potentially coming to the Claremont area. We currently have three food trucks open already. One in Vieira,
1:26:24 one in Vero Beach, and one in Stewart.
1:26:27 Um we prioritize going to communities that are growing as well since we are growing in an early stages. Um we are
1:26:34 looking forward to the potential to really provide jobs in the community to provide a familyfriendly restaurant uh area that people can go to and enjoy and
1:26:43 to cater to many of the Wahberg fans that we have found at our other locations as well. And we are ready for questions.
1:26:52 All right. Thank you for your presentation. Are there any members of the public who would like to make a comment? All right.
1:27:00 Not many. Thank you for being here. I wasn't sure.
1:27:03 Zayn sometimes has a lot to say. I guess not on this one. [laughter]
1:27:08 His mouth watering for a Wahberger, I think. All right. Um we will bring it um to the commission for questions and
1:27:16 comments. And we will start to my right with Commissioner Hoisington.
1:27:20 Thank you, Mr. Chair. Um I just have one um question. So there will be no permanent seating structure. There will not be.
1:27:27 So it's all get you food and and leave takeout only.
1:27:30 And then I see where you said the hours of 8:00 a.m. to 8:00 p.m. Um what about holidays when Home Depot may be closed?
1:27:39 Will you still be in operation between 8 and 8?
1:27:42 If Home Depot is closed, we follow suit with their hours. If it's a holiday um that they're open, we we follow suit with those as well.
1:27:51 Okay. So, if they're closed, we're closed. If they're open, we're open. Okay. Thank you. That's all.
1:27:58 Thank you, Commissioner Kramer. Thank you, Chair. Um,
1:28:09 I like that this activates some commercial space. It's rarely rare that I go to a Home Depot or even a Lowe's where there's not the hot dog guy or
1:28:16 someone out there. So I I I get it and always wondered why we didn't have it here and realize it's because that's the
1:28:24 way we zone things. So um
1:28:31 this is precedent setting because it does change change things, but if I understand correctly from staff that that the city
1:28:40 realizes that this is a issue and it's we've dealt with food trucks several times lately. So, I'm I'm relieved to
1:28:49 see that the city is is taking this on as well. So, I right now I'm fairly neutral on this and I'll reserve any
1:28:57 more comments and I appreciate your time. Thank you.
1:29:00 Okay. Um yeah, I'll I'll insert myself here since I usually wait till the end and all the good questions have h have been asked, but but um but just I mean
1:29:09 it's interesting that that that you say the the word the word precedent, but I mean my my understanding is we take these case by case. Um would that be
1:29:17 correct council as a legal matter? Yes. Um you know in other words if if you recommend and the
1:29:25 city c well I guess regardless of your recommendation the city council adopts it um and approves it. It's not another
1:29:33 applicant can't rely on it as president to argue that they should get it as well um as a legal matter. They can make the
1:29:41 fairness case though and say well why not me? So I think you know technically no it's not precedent but you're going to hear the applicant say it regardless.
1:29:51 Okay. Just so it doesn't mean that because this happens something that must necessarily happen. Absolutely. Okay. I just wanted to to clarify with that.
1:29:59 And then um also I I just want to be clear on on this food truck. I can see it's on wheels. It's very mobile. Will this be moving every day? Are you
1:30:08 leaving it there? How how does this this work with this trailer? Do you are you kind of fixed in one spot? Yeah. Once we park it, it stays there.
1:30:16 It's not like we're moving it back and forth. Okay. So, it So, you come, you park it,
1:30:22 it is movable, but but it is really there to stay. Correct.
1:30:26 Exactly. If there's if there's ever a reason for us to need to move it, we can always do that. Um, really at the drop
1:30:32 of a hat. So, that's no worries. But, we never do really move it just up to us.
1:30:37 It's really if Home Depot thinks that we should move a little bit, you know,
1:30:40 closer to this side, we can take care of that.
1:30:43 And this is this is the model that you're doing in three other locations at this point, correct? Very similar to this. Yeah.
1:30:51 With with no seating or anything. People just come and it's it's grab and go. Yep. All right.
1:30:57 Okay. Commissioner Neim, your turn. Okay. Here we go.
1:31:04 It's a great vibration. effect.
1:31:08 I know somebody got it up there. [laughter]
1:31:11 All right. So, I guess my other question, uh, the chairperson, this is a trailer, not a truck. Correct. It is a trailer.
1:31:19 Okay. That takes care of that and it is on full-time site because it's a trailer. Okay.
1:31:26 My only question I have, are you self-sufficient or do you have a commissary letter?
1:31:31 All of the trucks that we have are self-sufficient. So, we can food prep everything inside the truck. Um, our
1:31:38 waste is picked up by a company and our fresh water is delivered as well. We have an oil company that picks it up as
1:31:46 well. Um, so we do not require a commissary kitchen and that is through DBPR.
1:31:52 Correct. Very good answer. Okay. So, the gray area, I heard you say Home Depot will take care of that for your gray area, your gray water.
1:32:00 The gray water. No, we actually have a company to come pick it up. They pump it out for us. Wow.
1:32:07 I have to tell you, [laughter] there's a lot of food trucks that came across my desk.
1:32:11 We're a little Okay. And I am very I got to watch how I word things because
1:32:19 people are listening. I'm very happy that number one, you met all the criterias. You met the lighting.
1:32:31 You met the parking.
1:32:35 You met the criteria of where your waist is going.
1:32:40 You also met the restroom that it's not going to be that. Let's just put it that way before I get in trouble on that one.
1:32:50 Okay. Uh I like it. Thank you. No, because you met the criteria. Okay.
1:32:58 Congratulations. Thank you so much. Hello.
1:33:02 Thank you, Vinnie. Commissioner, I'm glad [laughter] we could make you happy,
1:33:04 Vinnie. Commissioner Ensua out of all the food. He He's never been You don't realize it,
1:33:09 but he's never been this happy. So, this is this is fantastic.
1:33:13 Commissioner Ensua, um the only question, and this is actually I don't ask questions like
1:33:20 this, but I'm genuinely curious because you guys do not work for Wahberers, correct? We are a franchise. Okay.
1:33:27 Of Wallberers. Correct. So our company is Adaptive Provisions. Yes. And then Wallberers is corporate. Okay.
1:33:34 So we have a partnership within Home Depot, Wallburgers in our company.
1:33:39 We all work together to bring awesome food. Okay.
1:33:43 Okay. So again, if something say like an incident, again, I don't that I try to stick to planning, but I'm genuinely curious. something does happen usually
1:33:52 is it you all who takes the ownership of like an incident or something or is it well like I don't know I'm gonna be
1:33:59 really outlandish um a the company that comes and picks up your sewage drops it on somebody's leg they broke their foot
1:34:06 is it you all or is it Wallberers or is it Home Depot that usually would take care of it like I said that's very
1:34:14 Home Depot property yes but we also hold our own insurance. Okay. A thou a million dollar policy as well.
1:34:24 Okay.
1:34:24 I I don't want to give you the wrong answer, but it is on Home Depot property. Okay. So, you know what I mean?
1:34:31 So, so basically whoever if that I don't if that happens to somebody, there's multiple people they would go. Okay. They'll sue everybody.
1:34:39 Sorry. Yeah. I don't have Okay, that's that's perfectly fine. That was That's a good question.
1:34:43 That was just That was just my own um my own knowledge. I was curious. Go. You guys are great. Go ahead. That's a good question.
1:34:50 All right. Thank you, Commissioner. So, Commissioner May.
1:34:54 Perfect. So, I want to put on record this is not a food truck. This is a food trailer, but also known as a mobile food dispensing vehicle. So, is that what we're going to be call Okay. So, that's what we're going to be calling it. Now,
1:35:04 that is the license through DBPR that I file for with a plan review.
1:35:09 Got it. So, wanted to make sure um our
1:35:12 [laughter]
1:35:13 conditions. It does have hours for seven days a week, 8 8:00 am to 8:00 pm. So, I
1:35:19 think that to um satisfy I think um Commissioner Paula Hoisen, I think we should have some language there, I
1:35:28 guess. Uh basically saying that it's follows the Home Depot um hours. I mean,
1:35:34 I'm just adding that just in case. Um all signs shall be consistent with the city sign code. I know there's sign codes. I don't know what the sign code is for a mobile food dispensing vehicle.
1:35:45 Can the city staff tell me what that is?
1:35:48 The sign code is it is it what we're seeing in front there or are they going to have those flags? You know,
1:35:54 they they can't with our code, they can't have any flags, but those sandwich uh boards or A-frames are applicable in
1:36:01 our code. So, um yeah, you won't see any flag flags because I see flags around the city.
1:36:06 Well, that that [laughter] may be they may be in Lake County. Um,
1:36:09 yeah. I'm just So, so is there our code enforcement?
1:36:12 So, is there a minimum or a maximum or is that what we're going to see there?
1:36:15 The the four signs as as long as they're not uh it's not against the code. Um,
1:36:24 for sandwich what I see right there would be fine.
1:36:27 Yeah, because we don't have an ordinance on food trucks or mobile food dispensing vehicles. So, that was just a question that I wanted to have because signs are different for
1:36:35 our sign ordinance would would still apply.
1:36:37 Would still apply. Okay, perfect. Um the I see that the author authorization letter was part of the um was part of
1:36:46 that and I appreciate that. That was a good good to have that. Um do we have to have that letter as part of the
1:36:52 conditions as saying you know uh that has been satisfied or just attached to that's too legal?
1:37:01 Should we put I I guess well the letter was already authorized so you know so that there's no issues.
1:37:06 So we just add it to the resolution as a supplement as an attachment as an attachment. I don't mind that at all. Okay. Okay. Yeah, we could do that.
1:37:13 Yeah, cuz just so that people are satisfied that, you know, they've followed the rules and um and I think
1:37:20 Oh, I understand you showed us the fire lane. Now, my my issue because I go to Home Depot a lot.
1:37:27 Um I do a lot of work at my home. um that particular location. There's a lot of cars that go in and out and a lot of construction guys, you know, trucks. So,
1:37:38 will that impede um I'm looking at safety issues when somebody goes up in Wahberg. Trust
1:37:45 me, there's going to be a line. I'm waiting. I'm looking forward to it. Um there could be a line for people to buy burgers. It could fall into the location
1:37:54 of where these trucks are going in and out cuz sometimes there's a lot and there's also when it rains they bring in
1:38:02 their cars there. Would that be an issue? You know, let me let me rephrase the question. The location that was that
1:38:09 was um that was picked. Was that Home Depot that was okay with that? Knowing that they have trucks going in and out
1:38:17 or would you guys be okay to move it a little bit further out so that the I'm just concerned about the trucks coming
1:38:25 in and out? I mean, there's a lot of general contractors that pick up materials. No, you bring up a good point. Um,
1:38:32 the picture Home Depot is good with this location.
1:38:36 When you're looking at the photo, you see the sheds and everything. All of those will be removed. Okay. So it will free up a lot of space. Um and we can
1:38:44 design it so after they order they can be standing on the left hand side to you know not cause anything. The
1:38:52 picture doesn't do it justice but there is um plenty of space to avoid any incidences.
1:38:58 So will you be using like cones or you know traffic like the cones to to kind of direct the people?
1:39:05 Yes. Um they do that at all of our other locations currently also to prevent people from parking right there to endanger any pedestrians waiting. So
1:39:12 yes, Home Depot is actually on top of that really without us having to remind them uh since it is on their property. They're very mindful of that as well.
1:39:21 Um that was the only thing. Um I don't have any other issues. You guys have plenty of parking. Um you know the Home
1:39:28 Depot is authorizing you guys to use the the bathrooms inside something about mops. What is it? uh mop sinks for operational needs. Um and you have the
1:39:37 letter that satisfies that Home Depot's aware and they gave you permission. The only thing I had was in regards to the pedestrian the safety issue because the
1:39:47 because of the cars, but if you're using cones or anything like that to avoid that, I'm I'm good with that. So, I appreciate the the answers to those.
1:39:55 Thank you. Thank you, Commissioner May. Commissioner Tona.
1:39:58 Thank you, Mr. Chair. Um, I shared my commissioner's concern just looking at that picture at the bottom of page 48.
1:40:07 Um, so as long as you got cones and we're directing uh people away, that would be great. Um,
1:40:16 we're positioned at least 10 ft from the building. Absolutely.
1:40:19 Okay. It also says that the food truck is going to require an electrical connection, electrical power from Home Depot. How is that running to the trailer?
1:40:30 It's It would be a 220 volt into Home Depot with a permit.
1:40:37 Um I don't I think it's a 30 amp to the trailer.
1:40:43 Okay. But how are we putting a Oh, there's a cord. A cord underneath some sort of a track.
1:40:48 So there's a cord. So it would go from the building the trailer straight across and then we use the mat so no one trips. There's cones, everything.
1:40:57 Awesome. Um, any need for propane, gas,
1:41:02 or a generator, or is everything running on electricity on the food truck?
1:41:08 Electricity. Um, propane, we hire companies that deliver the propane. Okay.
1:41:14 Um, they do site checks every time that they deliver it as well for safety purposes. Okay.
1:41:20 So I'm assuming the even the fire it says fire safety codes fire marshall will have a say in making sure everything is up to snuff.
1:41:29 They have to sign off. So if this were to be approved um health inspection and then fire inspection.
1:41:37 Okay. So we'll cover everything.
1:41:39 Awesome. Thank you. I have no further questions.
1:41:42 Thank you. I do I do have a follow-up question as far as security. It looks like on on the trailer on the lefth hand side where the gentleman's hat is looks like that could possibly be a security
1:41:51 camera. Is is there um security part of this um you know to keep an eye on anything um keep something from happening to the to your property?
1:42:01 Absolutely. So we install um we've now made it so there's two cameras on the front, one camera on the side or the
1:42:09 back end. So it's a fisheye so we know what's happening. Also along with that, Home Depot has their own camera systems.
1:42:16 So, we got plenty of eyes on it.
1:42:19 Okay. And can we assume that part of your contract if there was any vandalism, if you know, worst case scenario, somebody spray painted or something, it's it's part of your
1:42:27 contract that you have to keep the unit pristine? Absolutely. Good question. Great.
1:42:32 All right. Um, any further questions? If I may, uh, chairman, I'd like to, uh,
1:42:39 disclose to the commission that actually I spoke to a few employees that I know from Home Depot.
1:42:48 Uh, I know the location very well, as some of our commissions, and I believe the manager actually said that there's
1:42:56 going to be like five feet of sidewalk before it goes into the fire lane. So, if
1:43:03 anything, I guess that's where your line would be. So, for the safety, I do understand where Commissioner May's coming from because I almost got it a
1:43:10 few times without a food truck looking at the fences there. But I just wanted to disclose that. Uh, now we are allowed
1:43:19 to go on site and since I was buying a shovel,
1:43:24 I asked my friends that work there, what do they think about this idea? And they're all for it.
1:43:30 All right, sounds good. And you know Mark Wahlberg is a is a Boston fan, not a New York fan. Correct.
1:43:35 Yeah, I know. But he supports Towers for Tunnels. Okay. And that's my Fallen brothers. Do we have any other questions?
1:43:44 All right. At this time, I will entertain a motion.
1:43:49 I'll Somebody wanted to add something to it. I believe I heard.
1:43:57 No, I was just asking um the commissioner who brought up the hours if she wanted to add any conditions.
1:44:03 All right, then I'll set a motion for resolution 2026-009R
1:44:11 for the Walberers at Home Depot conditional use permit for approval.
1:44:18 And I'll second it.
1:44:21 All in favor? I I Any opposed? Chair votes I.
1:44:28 They're good.
1:44:30 All right, it is approved. Thank you very much. Thank you so much. Thank you guys. Thank you all. When are we opening? When are you opening?
1:44:38 We have to get city council. [laughter] We're going to get right on it. I know. Have isn't there one more?
1:44:44 [laughter]
1:44:45 Very soon. Thank you so much you guys. Okay. Um we have items three and four.
1:44:52 Um, can staff confirm that you will present these together? We will I'm sorry. I will wait a moment.
1:45:00 You presenting three and four together and we will vote on them separately. Yes, sir. Great. Thank you. Yep. Give me just one second.
1:45:10 I'll just do this one for now.
1:45:20 All righty. Uh, good evening. Planning zoning commissioners and and guests Nick and Development Service agenda item
1:45:27 three and four. This is Koh's uh smallcale comp plan amendment and reszoning. The applicant is requesting a
1:45:34 voluntary annexation of smallcale comprehensive plan amendment and reszoning of the subject parcel for the
1:45:41 purpose of providing the existing commercial uses with enhanced city services. The property is approximately
1:45:48 15.9 acres and is located at 12305 US Highway 27. The subject property is
1:45:56 located within the inter service boundary agreement ISBA area as well as the JPA area, the joint planning area.
1:46:04 Uh this is the site that is highlighted uh in yellow. It's right off of US 27.
1:46:13 And here you can see that it touches uh this uh red [snorts] boundary which is a city limit. Uh that's the southern
1:46:21 boundary and also uh to the north is the fifth third bank that is also highlighted in red. It's kind of hard to
1:46:28 see it on there, but uh through coordination with the city's development liaison, Zayn Ertel, the city identified the site as a candidate for annexation,
1:46:38 which was determined to be mutual mutually beneficial for both the property owner and the city. Uh we'll only be looking at the future land use
1:46:46 and resoning. Uh today, the proposed map amendment,
1:46:55 Can you zoom out, John? Thank you.
1:47:02 The proposed map amendment would change the future land use designation from Lake County's Urban Low to City of Claremont's commercial
1:47:10 designation. The property is currently developed with a commercial retail department store. Policy 1.12.3 of the
1:47:18 city's comp plan encourages voluntary annexation, stating, "The city shall encourage requests for voluntary annexation into the city when those
1:47:26 lands are logical extensions of the existing city limits when service can services can be provided properly
1:47:33 provided and when proposed uses are compatible with the city's comp plan.
1:47:39 The property is located along US Highway 27 corridor, an area characterized by established and planned commercial uses.
1:47:47 Annexation of the site is a logical extension of the city boundary and is consistent and compatible with the existing development pattern along this
1:47:55 corridor. staff has reviewed the requests and finds that the proposed annex the proposed comprehensive plan amendment meets the requirements for
1:48:04 voluntary annexation that the city is capable of serving the property and that the request is consistent with the
1:48:11 city's comprehensive plan staff recommends approval of the smallcale comp plan amendment ordinance number 2026-016 Six.
1:48:29 The proposed reszoning would change the designation from Lake County's PUB plan unit development to the city's C2 general commercial zoning district.
1:48:41 The property is currently developed with a commercial retail department store.
1:48:46 The property was originally developed under Lake Countyy's PUD resolution number 1994-110
1:48:53 Spring Valley which entitled the area for 546 single family residential units and 20 acres for up to 160,000 square ft
1:49:02 of commercial development. The property owner, Spring Val Valley, entered into a utility service agreement with the city
1:49:10 on October 1st, 1999 to receive wastewater services. As the PUD area has reached full development and no
1:49:18 remaining entitlements or land use conditions apply to the Kohl's parcel,
1:49:22 the city's C2 general commercial designation is the most appropriate zoning district. C2 general's general
1:49:30 commercial is consistent with the existing use, aligns with the city's commercial standards along US27 corridor and removes the need to rely on an
1:49:38 outdated PUD document. Reszoning to C2 general commercial zoning will ensure consistent development regulations,
1:49:46 signage standards, and administrative procedures for the established commercial parcel.
1:49:51 staff has reviewed the applicant's proposal and finds the proposed zoning at this location is compatible with the uses in the area. The requested C2
1:49:59 general zoning com general commercial designation is consistent with the city's comprehensive plan land development regulations and staff
1:50:07 recommends approval of ordinance 2026-017.
1:50:12 Uh just wanted to add that the the applicant uh Kohl's they are actually based out of Wisconsin so they aren't present. uh but this was a collaboration
1:50:20 with the city and uh Zayn Zayer till can provide any additional background uh as well and that concludes staff's presentation. Thank you.
1:50:31 All right. Thank you very much. Uh any member of the public uh want to make a comment? Seeing none, um I will um Oh,
1:50:41 wait. I should have gone from right to the applicant. Does the would the applicant like to uh to add anything addition? Well, there's really not an applicant. the city is the applicant.
1:50:50 Well, and the gentleman's well, there's so many people in the audience, so I'm trying to keep us straight. [laughter] Um, so,
1:50:56 so, u, I think we'll bring it, um, up here to the commission uh, to ask, uh, questions. So, I'm going to start with,
1:51:02 um, the the commissioner that, um, I had served with some time ago and is back again. And, Commissioner Ensua,
1:51:09 [laughter]
1:51:10 I actually don't have Well, thank you,
1:51:12 chair. I I don't have any real questions. I know we've been talking about doing this for a very long time.
1:51:18 um even when I was on council and even before I was on council. So, I'm glad that we're finally taking the steps to
1:51:24 to to take pieces that fit what we're looking to do for the future. So, thanks Fisane for your hard work and staff, the
1:51:33 rest of you guys. Thank you for working with Kohl's. Um and uh yeah, that's it.
1:51:39 All right, Commissioner May.
1:51:43 I thought Zayn was going to speak before us, but that's good. Um,
1:51:49 so Zayn, I know you identified the site as a candidate for annexation, which was determined to be mutually beneficial for both the property owner and the city. So
1:51:58 my question to you, since we have these two outliers, um, right next to it? Yes. Did you speak to those owners as well?
1:52:06 Because you would think that those would be kind of a combination of a annexation as well because they're right next to each other. So
1:52:14 yeah, you'd think so. They're much harder to get get in contact with than Kohl's. They're under like 15 different
1:52:22 companies. So, I've been trying to track them down. We figured that the leverage of Kohl's being there and leaving them on an island would kind of bring them to
1:52:31 the table. So, that's where we're at with things. Got it. So, that's like your phase two. Yep.
1:52:35 Of this project. Okay, great. Um, so the question I'm assuming that they're voluntary uh
1:52:45 going into annexation because based on what they said in their application,
1:52:49 they are going to I guess build another retail as part of that. That's what it says in the application. So that's why I
1:52:56 just wanted to verify essentially everything is going to be the exact same from the county to the city. uh they will be saving about
1:53:04 $23,000 a year in taxes and we'll be adding about $80,000 to our tax role.
1:53:09 Okay. Because it says the change will permit the development of a retail building consistent with the city's land development regulations.
1:53:16 I think they just established established established. Okay. Yeah.
1:53:19 I just wanted to get verification on that. Um because I I believe the the the coal store is only 88,632 feet and the PUD allowed up to 160,000.
1:53:30 So there still should have the ability to build on that.
1:53:35 It would be nice. I mean, it's a big parking lot.
1:53:38 So huge parking lot with a with a huge parking lot. if they did want to build a, you know, let's say an additional retail in the front of the
1:53:47 of the east side of that parking lot parking lot. uh as long as they fall
1:53:54 under the C2 uses and they follow our code with the uh uh and our comp plan
1:54:01 regarding F and impervious then they are allowed to do that and there's a sufficient enough parking for both
1:54:08 Kohl's and the retail or whatever they decide to add.
1:54:11 Perfect. So there's no limitations in the resolution. So there it's open so that they would be able uses is there. That's awesome. Okay.
1:54:18 Yeah. Because I would love to see a little bit more being built on that.
1:54:21 they have the flexibility to do that they they choose to.
1:54:24 Perfect. And then the question that I have and probably would be the last um question and this might be to Christian.
1:54:34 It's on page 105 of the utility agreement and I actually did read this. Wow.
1:54:44 Um, it says, and I'm not sure if it applies anymore,
1:54:48 but um, in the event that the Spring Valley property is annexed into the city of Claremont, the date for the above obligations to purchase 50 ERC's shall
1:54:58 be the business days after the Spring Valley property has been annexed into the city of Claremont and all approvals for the development of the Spring Valley property has been obtained, both not
1:55:05 being subject to resisions or appeal. It just says annexation. So, we are annexing, you know, we're we're going to
1:55:13 be providing recommendations on an annexation. So, does that also apply that language?
1:55:20 Well, can you direct me to the exact I'm I'm looking at the utility agreement. You said page 105. It says 105 and mine and then six.
1:55:28 There's a six on top and a 10 page 105 at the bottom.
1:55:33 Do you need the paper version or is there any other hints that you could like a section
1:55:40 on top? On top it says book 176 through3 page 1652.
1:55:45 Oh, you know my version doesn't have that. So yeah, what's the record 1652? All right. Thank you.
1:55:52 So on section six that that's what I needed. Thanks.
1:55:56 Halfway down. Since we're annexing, I don't I wasn't sure if this applies because it says in the event that the Spring Valley property is annexed into the city of Claremont,
1:56:05 which it's going to happen, right? We're well, I don't know. After our recommendation, the date for the above obligations to purchase 50 ERC's I mean,
1:56:13 is there something that we need to I don't think you are making a recommendation on annexation. Okay.
1:56:18 You're making a recommendation on zoning and future. The annexation goes straight to council. Okay. Um,
1:56:24 but I just wanted to show you that because that wording was there.
1:56:27 In the event that the spring is annexed into the city, the date for the above obligation to purchase 50 ERC shall be the first business day afterward. Um,
1:56:36 and all approvals for the development have been obtained. Um, let's see.
1:56:41 Christian, if you continue, if it says with within 18 months after such initial payment has been made to the city.
1:56:48 So, maybe it's just something for you to be aware of. It's nothing for us cuz I wasn't This is um this is a I you know it's a Kohl's issue. I I'm not
1:56:57 No, no, no. It's the these ERC's. So I think Thank you for raising it to my attention. I'm not concerned. Okay. Yeah.
1:57:05 No, I I saw annexation, but if we're not doing annexation, then that's not a question that I'm going to be asking anymore. And I think Oh, uh but we are
1:57:14 going to um we are talking about a small scale versus a large uh small scale, right? We are recommending that. Yeah, this is uh under 50 acres. So,
1:57:23 it's a small scale and it'll be a recommendation.
1:57:25 So, it is 50 acres. I thought it was less less than Yeah, I thought it was less than 10.
1:57:29 It's now 50 acres. It's now 50. It was amended a few years ago.
1:57:32 Thank you. That just answered my question. And that is all. Thank you very much. Thank you. Commissioner Neck, do you have any?
1:57:41 Yes. I'd like to disclose I met with staff earlier this week and uh they answered all my questions. Thank you.
1:57:49 Uh just for future do I don't think we have to disclose if we speak to staff do we instead of disclosing they're the applicant that's why I'm I'm disclosing it.
1:57:58 Uh you know that's actually a really good question. Um I think you should but let me get back to you on that council. They're the applicant right?
1:58:08 I mean they're the one that they're still the applicant.
1:58:11 Oh they're still the applicant presenting [snorts] them right now. So that's why but but no to your point I mean actually yeah if you do have communication with
1:58:20 the the city beforehand and you're considering things outside the hearing it could be prejuditial to the applicant if you don't disclose that as well. So I think that's actually a good point.
1:58:30 Okay.
1:58:32 Christian just Mr. Kramer clarification. Is this because the city it was in collaboration with the Kohl's
1:58:40 on this or is this regardless of any project if you meet with city staff that it should be disclosed? Is that what you're
1:58:47 I I think that if it's if you're going to hear things that aren't presented at the meeting
1:58:54 if you hear things that aren't exactly what staff presents then it's like additional stuff. It is ex party in a way.
1:59:03 Okay. And yeah, I I do think it could be prejuditial to an applicant if um you know, but like for example, if staff is
1:59:11 opposing something, that's not the case here, but if staff was opposing it um and I'm the developer, I sure would want to know what the commissioners are hearing from staff outside. So,
1:59:22 actually, I'm really glad you raised the point. Um yes, I think that should be disclosed.
1:59:26 So, it's not this project specific, but correct. Gotcha.
1:59:29 All right. Thank you for the clarification, Commissioner Kramer.
1:59:32 Thank you chair. Um just a couple quick things. Um looks like this will align the land use with existing commercial
1:59:40 realy in that area. Cleans up some jurisdictional jurisdictional inconsistency. Just going to ask one question. Why are we doing this now?
1:59:50 So, it has been years from what I've heard uh to get in contact with Kohl's and we've been making active efforts for
1:59:57 years as uh Commissioner Ansua mentioned uh it's been years and uh I have a thing I always do when I can't reach someone
2:00:06 is call the media line and they finally picked up and that's why that's happening now is they finally picked up and we were able to move forward.
2:00:14 Thank you. Thank you. All right,
2:00:17 that's all the questions I have. I think again, this is a long time coming in.
2:00:21 This makes everything a little bit easier. Thank you, Commissioner Hoisington. I have no questions.
2:00:28 And Commissioner Teddona? No questions. All right.
2:00:35 Do we have a motion on I we will take them um one at a time. So um do we have a motion for item three?
2:00:46 I I'll set the motion for ordinance 20260-016
2:00:53 Cole smallcale comprehensive plan amendment. Okay. Uh for approval. Thank you.
2:00:59 All right. We have a motion. Do we have a second?
2:01:01 I'll second. Motion and a second. All in favor say I. I. I. I. Any opposed? Chair voted I.
2:01:10 And for item number four, do we have a motion?
2:01:15 I will sorry also made a motion for you said this was uh 2017 okay um also a motion
2:01:24 to approve ordinance 2026-017 um yeah thank you commissioner
2:01:32 do you have a second I'll second it second all in favor state I I
2:01:40 chair votes I that is also unanimous well All right. Um,
2:01:47 do we have any other business? Do I have a motion to adjurnn? I'll make a motion to adjurnn. Do I have a second?
2:01:54 Do I have a second to adjurnn? Second. Second. All right. Fourth.
2:01:58 Jumping at the
2:02:17 Oh, that is very fun.
2:02:24 Yeah, you know, honestly, I I But I'll get back to you if I have to change my advice, but that's I think it makes sense.
2:02:31 No, no, it absolutely makes sense. But I had always thought of the advisor.
2:02:36 I tell you, I just I never thought about it either until just now. So that but but yeah, sounds right. Right.
2:02:42 No, it does. It does. No, no, no. I'm not questioning it. And I was just was like it was just like I'm actually going to look into it because you know I never I never I just always thought
2:02:50 you know advisory like we're on the same team and you know but when it comes to an evidentiary hearing now I mean there's going to be
2:02:58 things like contracts council me you don't have to disclose anything about that but now I
2:03:06 got to rethink how I advise the city council. Awesome. Thank you. Um do you want to try it on? Good question.
2:03:14 Um, yeah. [laughter] So,
2:03:20 Jenny, this is Ensua.
2:03:28 I know, but I always like because I have I don't say it all the time, so I didn't want to.
2:03:33 You're fine. What did you call that again? The podium. Lectern. Electron.
2:03:39 Not a podium. Look it up. Look it up.