PDD-23-7686

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TranscriptWhat was said at each appearance is below it. Machine transcription, with speaker names inferred from voice matching. 75% of 240 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

1. 1Feb 2, 2023
   Planning CommissionPC6Public hearingNo disposition in the minutes

   Open this item →▶ Play from 34:51
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   Liam Devine

   34:51Lume Divine Planning Development. The next item is actually PC six and we'll just wait for the PowerPoint to pop up. But it's PDD 23-7686 in the name of Oakley Junction AGLLC. It is a zoning amendment from AC Agricultural District to C2 General Commercial District. So the subject site is on the northeast corner of Oakley Boulevard and Old Pasco Road. This is an aerial view of the site. Oh, go back one. This is the aerial view of the site?

   35:18The surrounding future land use to the north is Res 3 and Res 6 and MU mixuse. To the east and south is MU Mixuse and to the west is Res 6 and MU. The surrounding zoning to the north is AC, AR, R1, and MF2. To the east is AR, to the south is AC, and to the west is AC and R1.

   35:41The subject site is currently undeveloped on approximately 1.98 acres. The applicant proposes to develop the develop in conformance with C2 General Commercial District standards for development. The applicant has voluntarily recorded a deed restriction limiting the maximum use to 22 square feet of commercial slash retail uses for the property. Access to the property is from Old Pasco Road, a county-maintained collector road with approximately 130 feet of right-of-way that varies. And

   36:11Oakley Boulevard, a county-maintained local road with approximately 90 feet of right-of-way, that also varies. The subject site has a future land use classification of MU, mixed use uses, under the Comprehensive Plan. And this is coming with a recommendation for approval from Planning and Development. department.

   Jon Moody

   36:29William to be clear I think you said twenty-two, but it's twenty two thousand. Twenty

   Liam Devine

   36:34two

   Jon Moody

   36:34thousand, sorry. Yeah, it was just

   Charles GreyChair

   36:36what is

   Jon Moody

   36:37a small volume. That would be fairly restrictive.

   Charles GreyChair

   36:39Yeah, right.

   36:42Turn around and

   36:45Okay. So uh is the applicant present?

   Chris Williams

   36:48Mr. Chairman, I had a question for Mr. Duby. Yeah, just

   Charles GreyChair

   36:52one second. Let me just applicant present. Okay. There's no applicant present, correct?

   Unidentified speakerVoice A

   36:59So it's a starter one light for the applicant.

   Charles GreyChair

   37:01Okay, Barbara. Um any comments?

   Unidentified speakerVoice A

   37:06Uh no, we're staff's uh recommendation and uh you're ready to respond to other comment by a client and my grazer, my transportation consultant are there in person.

   Charles GreyChair

   37:17Okay, very good. Um is there anybody in the audience that needs to comment on this? Okay.

   37:25So um Might I suggest that we hear what the objection or concern is first, Barbara?

   Jaimie GirardiVice Chair

   37:32Yes, that would be final thing. Chris had a question for the staff.

   Charles GreyChair

   37:36Okay. Yeah, I know he did. I just wanted to hear from this Let's let's get this out of the way 'cause we got one person that wants to speak. Let's let him speak.

   37:51Can you state your name and address,

   Unidentified speakerVoice B

   37:53please? Uh Sean Harold, my home address is what you want? Mm-hmm. That is [address removed].

   Charles GreyChair

   38:03[address removed]. Thank you. And you've been sworn, I think I saw you back there. I did not swear. Oh, I thought you stood up and held your right hand.

   Unidentified speakerVoice C

   38:13I objected. I had an objective.

   Charles GreyChair

   38:15Oh, that's what you were doing. Okay, I gotcha. And then you need to be sworn.

   Jon Moody

   38:19Is there anybody else that needs to be sworn so we can do this all at once? Okay.

   Charles GreyChair

   38:25Okay, if we s raise your right hand please.

   Unidentified speakerVoice D

   38:27Do you swear from the testimony you're about to give to the truth and help you back?

   Charles GreyChair

   38:33There you go.

   Unidentified speakerVoice C

   38:34Uh well I'm the principal at Faith Baptist Preschool and Academy, uh located right there at Faith Baptist Church, which is the property uh bordering The uh property that we're evaluating right now and we have several hundred feet that borders that same property. And we're just concerned because uh we got a church there, we got a preschool, we got um K through twelfth grade school as well. And uh you know, uh that Old Pasco Road and Oakley Boulevard

   39:04there are already very busy streets and uh we just wanna make it known that, you know, we're there, we're concerned about this property bordering us uh being opened up to a C two zoning which gives a lot of a lot of liberty what might be built there and you know some things would really concern us, especially like for instance a gas station if that were put there that might attract some people, uh some types of people that we don't really want really near the school. Um also there's the concerns about you know gas fumes and all that and and so just the

   39:34busyness that that might cause, that being that close to the school, it's definitely a very big concern and uh depending on what gets built there could cause even bigger concerns as well. We just want to make that known.

   Charles GreyChair

   39:46Okay. Um does the Do the alcohol restrictions apply?

   Denise

   39:52So there is a requirement that you can't serve alcoholic beverages within a thousand feet of a church, school, or y a place of worship, a park or a are they allowed

   Liam Devine

   40:02to sell them for like

   Denise

   40:03They can sell them from the convenience store, yes. That's that's preempted to the state.

   Chris Williams

   40:09Okay. Could you point out for your look? For for m Be

   Denise

   40:14a. That's correct. That's just the sale of beer which is a one APS. That is preempted to the state.

   Charles GreyChair

   40:20Beer or wine?

   Denise

   40:22When you bring wine into the equation, then there's the one thousand foot separation requirement.

   Charles GreyChair

   40:27Okay. Beer for package sale.

   40:31What was that? You probably have wine at the church too. We don't.

   Unidentified speakerVoice C

   40:36Pretty

   Charles GreyChair

   40:36strict on that. Grape juice. Grape juice. From church. Grape juice. Okay. It's pre-wine.

   40:45Chris, I think you had a question first. You're gonna defer to Pete. Okay.

   Chris Williams

   40:49Yeah the question was the traffic going in and out of your church, how will it I don't see it on this map here. I would like to know how the direction of the traffic would flow, how it would impact your facility.

   Unidentified speakerVoice C

   41:04Yeah, so we are the location, you know, just to the right there, just to the east of the highlighted property, and our main entrance is right in the corner of Oakley Boulevard there where it kinda takes a sharp left turn. And so just any any traffic that would be on Oakley Boulevard there would increase uh traffic and definitely some safety concerns for the uh preschool and academy kids at our school.

   Chris Williams

   41:29And what are your hours of operation? Or what? Hours of operation.

   Unidentified speakerVoice C

   41:34Yeah, seven A. M. to six PM.

   Chris Williams

   41:37So again,

   Unidentified speakerVoice C

   41:37please. Seven AM to six PM Monday through Friday as a school and then uh of course weekend stuff for the church as well.

   Chris Williams

   41:45Thank you.

   Jon Moody

   41:46Sir, do you I take a you're you also own the site that looks vacant that's immediately to the east of the site? Right,

   Unidentified speakerVoice C

   41:54yeah, so our property borders the highlighted line there, that's all our property right there, uh trees

   Jon Moody

   42:01and all that. Are you intending to leave all that sort of vegetated area the way it is, or are you planning to expand the church at some point into that area?

   Unidentified speakerVoice C

   42:08Yeah, you know at some point we'd love to use as much of our property as possible for the school and church and we just don't want to be a little bit more.

   Jon Moody

   42:21I mean this is the right-of-way. Well definitely on

   Unidentified speakerVoice C

   42:22Oakley Boulevard there, we're very close.

   Jon Moody

   42:25No, we don't have any structure. Your actual church doesn't seem like it's right next to the site, but are you saying that you might develop the piece that's immediately adjacent to it?

   Unidentified speakerVoice C

   42:37We we absolutely could, yeah. Yeah, we're definitely a growing school. We're looking at more enrollment this next year than ever before and and possibly growing from every year from there on. And so uh yeah we would definitely have some concerns with what might be placed right next to our property line there.

   Christopher Poole

   42:57Intersection by you that's not signalized, right? That's a three-way stop.

   Unidentified speakerVoice C

   43:02Yeah, no signal there. Okay.

   Jaimie GirardiVice Chair

   43:03How many students at the school?

   Unidentified speakerVoice C

   43:06Uh currently in the sixties and then there's almost forty in the preschool. So we're looking at over a hundred total in this next year though.

   43:16projecting for next year's thing.

   Jon Moody

   43:19And do most of your parents drop off using Oakley Boulevard?

   Unidentified speakerVoice C

   43:22Yeah, absolutely. So everybody would from Pasco or from the south?

   43:28Um both. I mean they come in from both directions and uh right there at the corner of Oakley Boulevard we that's where they all come in uh to our parking lot there, so

   Christopher Poole

   43:43Are you able to get the men to David's Point without them queuing out onto Oakley? Or do they queue out onto Oakley at all? Is there any issues there with Potential traffic safety issues there.

   Unidentified speakerVoice C

   43:58It's busy. It definitely is busy at all hours of the day. Um Yeah, especially during our pickup and drop off times for students and all that, so uh yeah, I would say there's concerns. Well I think Mr.

   Jon Moody

   44:11Poole's question is and your pickup and drop off times, are the is it is the queue line spilling out onto Oakley Boulevard?

   Unidentified speakerVoice C

   44:20We have had that issue at times, yeah.

   Jon Moody

   44:23How far back I mean does it all ever go back to El Pasco

   Unidentified speakerVoice C

   44:27Road? No, it doesn't go back that far if we're honest, but uh it definitely goes on to Oakley Boulevard at times. People waiting at that stop sign, uh not even pulling into our parking lot until space opens up.

   Charles GreyChair

   44:43Okay, well so what do you see as appropriate use for that property? Just curious what you think. If you owned it what would you do with it? Not you, but somebody.

   Unidentified speakerVoice C

   44:53Yeah. I love the idea of agricultural.

   Charles GreyChair

   44:57As well as maybe Agricultural.

   45:02Sort of a small

   Unidentified speakerVoice C

   45:03piece for

   Charles GreyChair

   45:03a farm for a

   Unidentified speakerVoice C

   45:07That would be our highest preference or even absorbing it one day as part of our school or and church property would be really awesome as well. That's

   Jaimie GirardiVice Chair

   45:15owned AC commercial and doesn't that require a minimum of five or ten acres? So that's would be like a non conforming A C lot.

   Denise

   45:25That's correct. Yeah. A C district requires a minimum of ten acres.

   Jaimie GirardiVice Chair

   45:28The reason they require five or ten acres is it's not really viable for them to conduct commercial agriculture there.

   Jon Moody

   45:37I think the Chairman's question, are there commercial uses that you would not object to on that site?

   Unidentified speakerVoice C

   45:44Um I would definitely say our preference is no commercial, but obviously light light use and light traffic and definitely nothing that would draw uh particular type of people. Like like even the sale of alcohol uh at a gas station. I know it's not for consumption right there, but even that would concern us and may draw in people that would concern us. And so very light use, very light traffic use and uh specific small businesses that you know wouldn't

   46:14draw in a particular type of person. Offices maybe not be too bad if they use lightly, you know. And we could move the ten thousand square feet of all the side.

   Jon Moody

   46:26That would depend if the applicant volunteers to report a game paper. Same applicant. Not the same

   Unidentified speakerVoice C

   46:32applicant, same return, same representative. Just kinda brainstorming now, but you know, it it would definitely help us if there weren't commercial access on Oakley Boulevard there, if it was kept minimally to just Pasco Road. Um that would definitely help the our situation with traffic on Oakley Boulevard. So Again, our preference is to not really see anything go there, but we understand that you know that may not be the option, but if you could work with us a little bit and just keeping our kids safe, that'd be great.

   Charles GreyChair

   47:03Yeah, I mean I'm not gonna speaking for the whole board, I'm just s thinking that, you know, from a practical point of view and a f and a fairness, I mean you you can't we can't just restrict somebody from using their property and it to uh for an appropriate use. Um

   47:21W we we're not compelled to give them, you know, just anything they want either. But um you know, everybody has the right to use the property to pay taxes on it. They you know, they just like you do. You know what you don't pay taxes on yours properly. But um Don't hold that against us. No, no, I I I don't some people I would, but no. Yeah. The uh but You know, I think there are uses that can go

   47:51there and C two to me I don't know what you you're certainly not gonna build a home on that property. Sure. You know. So you gotta find something within the C two uses I think that you know, that fits there. Obviously whoever buys it's gonna have to come in for approval for that.

   Unidentified speakerVoice C

   48:06Yeah.

   Charles GreyChair

   48:07Uh

   Unidentified speakerVoice C

   48:08yeah, so our desire would maybe just see it uh minimally used. In that way and then maybe some additional restrictions as to what type of businesses could go there.

   Jon Moody

   48:19So Mr. Chair, it might be a fair question to the applicant about why they're seeking C two instead of C one. C one tends to have lower intensity commercial uses, more neighborhood scale commercial uses. But I don't know if the applicant has something in mind as to why they're requesting C two as opposed to C one.

   Charles GreyChair

   48:37All right. Well I think we got you the flavor of what your concern is, so thank you for coming out.

   Chris Williams

   48:42Mr. Chairman just point out one thing to this gentleman. Oh I'm sorry,

   Charles GreyChair

   48:46sir. One

   Chris Williams

   48:47more thing. I just want to mention uh that whatever comes in there, you know, they're required to provide buffers and things like that. So certainly whatever eventually happens, you know, pay attention 'cause they'll be notifying you that they're coming in with their site plan and things like that and you can kinda have some input as to the type of buffer that's between you and the

   Unidentified speakerVoice C

   49:10Yeah, we we would certainly be watching it closely and and noting any concerns that we have.

   Charles GreyChair

   49:15Okay. Commercial is

   Unidentified speakerVoice C

   49:17definitely the highest and best use for it.

   Charles GreyChair

   49:18So Ms. Will High, uh your input? Sure,

   Unidentified speakerVoice A

   49:23um our role light for the applicant. I would we propose C2 uses because that is the appropriate use at the corner of it at the intersection here. Um

   49:35It's a major interception for the Google card. It picture men use mixed use. And which includes their property as well. It's the most intense and dense land use classification that you have. Mid to choose oils um 0.6 FAR and and if you did residential be 32 units per acre. So the future land use draw it is what guides the zoning of the property and its location. We certainly don't intend on

   50:05being a bad neighbor, we don't intend on drawing bad people in. We just intend on using the property for the uses that the plan contemplates here. We do have Mr. Razor in the audience who did the traffic study, the timing and phasing analysis and substantial road application to Access management will be reviewed. So specifics of how we access the property and how we relate to the church's use and traffic will be reviewed at site plan when we are an actual user.

   Charles GreyChair

   50:36All right, Barbara, I think we have somebody at the podium for ya.

   Mike Razor

   50:40Uh good afternoon. Michael Razor with Razor Transportation Consulting, 19046, Bruce B. Downs Boulevard Tampa, and I have been sworn. I produced a timing and phasing analysis for this particular project in conformance with the approved methodology statement and the land development code. The results of the analysis identified that the adjacent roadway segments have adequate capacity to combinate this project uh with the resulting level service at sea compared to an E standard. Um the intersections were

   51:10identified to operate acceptably as well pursuant to the requirements of the land development code. Um and as uh Ms. Will Hyde had had mentioned the um The site access portion of the analysis is deferred since this is a Euclidean rezone and more details would be forthcoming on that in regard to specific uses, specific access connections, and the need for transportation improvements associated with those would be deferred until site plan permitting. But of course I'm here to answer any specific questions that you may have. Thank you.

   Jon Moody

   51:40You know if you're can ask my Yeah, sure then. Are you you anticipate you'll get access off of Oakley or Old Pasco or both?

   Mike Razor

   51:48Um uh access is gonna be a relative challenge regardless of which location or both locations. Um uh currently the design plans for Pasco Road in uh involve a a median restriction, so a connection to old Pasco Road would would be restricted to right in right out. So I presume that we would be looking for some type of access connection to Oakley if we're able to meet access management standards. But again, we're it that that question's a little premature, I believe.

   Jon Moody

   52:19And did you do your traffic study just based on general retail or did you?

   Mike Razor

   52:23Yeah, so so the land development code, as everyone here may or may not know, um when you're doing a Euclidean rezone, the district that you're rezoning to has uh the the requirements for the the maximum development area. So the land development code includes um something called reasonable yield to identify what that square footage would be in lieu.

   52:46that number is calculated in this case was reduced to match the deed restriction um being proposed at twenty two thousand square feet of quote general commercial. Um so there's uses that would be having a higher trip rate, there would uses that have a lower trip rate, um but but this study was done con uh consistent with with all the other ones that I've done in the county under you know for Euclidean

   Connected City

   53:08What was the square footage that um that calculation was

   Mike Razor

   53:13a thirty two,

   Connected City

   53:14thirty-three thousand.

   Charles GreyChair

   53:17Okay, any other questions?

   Chris Williams

   53:18Yeah, I have one question. Uh your study, uh when was it conducted?

   Mike Razor

   53:24Uh the report is dated November fourth of twenty twenty two. Okay. So it was fall fall of of this past year.

   Chris Williams

   53:32You're you're you're aware of the fact that a significant number of apartments have gone in this particular area.

   Mike Razor

   53:37Excuse me.

   Chris Williams

   53:38There have been a number of apartments. That have been developed

   Mike Razor

   53:42recently in the survey. Yes, traffic patterns in this area generally have changed significantly, most notably because of the opening of the uh the new inner uh interchange at Old Pasco Road. So our traffic counts and everything we're basing it on includes traffic that's coming north from State Road 54 Wesley Chapel Boulevard, um, which Has been uh theoretically reduced since then. I haven't gone out and done the done the before and afters. Um I understand the um the traffic operations department is currently looking into doing that. But the uh the the traffic volumes in this report would reflect

   54:13a worst case scenario in regard to overall traffic, but does not specifically include the apartment development. Um rather growth rates were decided to be the um the the the mechanism to identify. identify background traffic. Again, considering the big overall changes that were forthcoming at the time we prepared the

   Jon Moody

   54:29What growth rate did you assume?

   Mike Razor

   54:31Uh the two the two percent per year David. This the county standard growth rate out of the MPO table.

   Jon Moody

   54:37And our staff was fine with our grocery

   Mike Razor

   54:39price

   Jon Moody

   54:39area?

   54:41And did are the does the county have any improvements planned on Old Pasco Road in this area?

   Mike Razor

   54:46Well this is the segment that's going to be four-laned.

   Jon Moody

   54:49So was that assumed as

   Mike Razor

   54:50It

   54:51is

   54:51not assumed in our study as being four lane. So was level service C we prepared our it's level service C. Even at two lanes. Based on two lanes, correct.

   Chris Williams

   55:01Yeah, I can tell you there's been significant work in at this intersection here, but there's also another church just south of this. I believe it's the uh south of Oakley Boulevard.

   Mike Razor

   55:10That's correct.

   Chris Williams

   55:11Yeah.

   55:14So you have two churches that are at that intersection basically, correct?

   Mike Razor

   55:18I d I believe that's correct, yes.

   Chris Williams

   55:21So

   Jaimie GirardiVice Chair

   55:21Mike, is there going to be any substantive amount, a substantive amount of right-of-way that needs to be granted a long old pass bill for border preservation?

   Mike Razor

   55:32No, I I don't know the answer to that specifically. I only know what I've heard through our client and the answer would be no, not a large amount of right-of-way, because um north of this site there was a large amount of right-of-way, as you can probably see. There's there's a linear pond within that within that there's a that swath.

   Jon Moody

   55:51There's a finding of fact in your agenda memo that talks about this that The the county needs sixty-two feet from the center line of Hope Lee and sixty-two feet from the center line of El Pasco, but also references a route study which may require more or less right-of-way than what I just mentioned.

   Mike Razor

   56:10And the applicant has, as I understand, met with uh transportation folks and has is aware of whatever that requirement would be upon them.

   Unidentified speakerVoice E

   56:21Nice to use it.

   Chris Williams

   56:22And Chris. And that was my question and Mike, I don't know if you know the answer or staff, but w where are we with the widening of Old Pasco Road? The route study, I guess, is the next thing or

   Mike Razor

   56:32I think that I'd have to defer to staff on the current timing.

   Chris Williams

   56:38Do any other questions? Do we have an answer to that or I don't have one for Mike, I have one for staff.

   Denise

   56:44Sure, we do have some folks online that may be able to answer that question.

   56:51Or we may even have someone here if present who might be able to answer that question as well.

   Jaimie GirardiVice Chair

   56:58Denise on the property that's the church. That's only AR? Yeah. Is a special exception or conditional use required for a church in that district?

   Denise

   57:09No, um a church is a principal

   Unidentified speakerVoice D

   57:12permitted in our agricultural residential district. Now if the church has like a daycare, for example,

   Denise

   57:18then that

   Unidentified speakerVoice D

   57:19would require a special

   Denise

   57:19exception and the church indeed has a special exception that was granted in nineteen ninety seven for a date here and

   Unidentified speakerVoice E

   57:26are there any hundred

   Denise

   57:27cap students.

   Unidentified speakerVoice E

   57:29And are there any conditions related to transportation or traffic?

   Unidentified speakerVoice D

   57:33Um I can take a look if you give me a few minutes to try to find a special exception.

   Unidentified speakerVoice E

   57:37No

   Chris Williams

   57:37there are two churches.

   Unidentified speakerVoice D

   57:40Yeah, yeah.

   Chris Williams

   57:41So we need to consider that factor. And they both have I believe they both have daycare.

   57:47Well at least we know one does. He indicated that.

   Jon Moody

   57:50So Mr. Williams had a question. I I'm not clear whether it's somebody online's answer that or we're gonna have Ms. Smith answer we but we should answer it.

   Denise

   57:58We we do have folks online that are they can unmute themselves if they uh have the answer to that question. They they're presenters.

   Charles GreyChair

   58:09Is there anybody coming online?

   58:14Not hearing

   Jon Moody

   58:15anyone, let's hear from Miss Smith.

   Engineer

   58:19Good afternoon. I'm Marcus Smith, County Engineer. Was was it you, Chris? Yes. Um there is a uh a route study that's been approved for Old Pasco Road. It's in the process of being looked at and updated. Okay. Um so it's still in that process. We haven't taken it back to the public. Sure. We we have, but we still we're making changes. So we have to go back one more time. Okay. So does that answer your question?

   Jon Moody

   58:41Is the Is construct design or construction in the CIP for that recruit?

   Engineer

   58:47Uh yeah, it is. There is there is it's um both both the design and the uh construction. Oh and a right-way because we will need some more right-way as

   Jon Moody

   58:57well. So it's Likely been done in the next five years or so approximately.

   Engineer

   59:02Uh I couldn't ex answer exactly. Uh who do we have online?

   Denise

   59:07Um

   Engineer

   59:08we have uh state Stacy

   Denise

   59:09Burgess and I think they're trying to reach out to traffic operations to see if they can get some.

   Engineer

   59:13No, it would be the CIP, Tracy. Let me get back with you on exactly when the right-of-design right-of-way instruction is to be funded.

   Chris Williams

   59:20That's helpful to know that you're route you're working on the route study and it's already in the CIP. So

   Engineer

   59:25it is, it is. Yeah. And and actually we're moving ahead with the design right at overpass. Not that that affects the This area but uh that's that's getting close to uh going out to ad. So but I'll I'll get back with you on on this exact point. Great, thank you. But uh fiscal years. All right. Okay.

   Denise

   59:44And to answer the question regarding the special I'm sorry, I'm gonna answer the question regarding the special exception. There isn't a specific trans uh transportation um condition on the special exception. I can continue to dig to see if there's something in the site plan that was required as a condition of approval of the special exception. I can continue to dig. But that's the answer regarding a special exemption. Cap the f capping two hundred, um have to go through a site plan. And yeah. Nothing regarding transportation.

   Unidentified speakerVoice E

   1:00:14You said he was in about sixty students today.

   Jon Moody

   1:00:17Yeah. I think she said there was a cap of 200. They're capped at 200 at 60 today.

   Unidentified speakerVoice E

   1:00:22Is that correct, sir? Yeah.

   Jon Moody

   1:00:28But to Denise's.

   1:00:33I was just gonna add Denise's point that there likely were some access related improvements at the time they came in for site plan approval, but we don't have those readily available.

   Unidentified speakerVoice F

   1:00:46Can I make a comment? It's also right experience. Can

   Unidentified speakerVoice A

   1:00:49I

   Unidentified speakerVoice F

   1:00:49just

   Unidentified speakerVoice A

   1:00:50add

   Charles GreyChair

   1:00:51Go ahead, Barbara.

   Unidentified speakerVoice A

   1:00:54Okay, sorry. Sorry for for that. The things I would add is and my client would probably be able to clarify more, but I recall that the Church of the South owners this property. Um and put over sale and the the the church is represented today, I assume could have purchased it, as my client did. Um that's that's my understanding. My my client could weigh in on that. The other thing I said is I said that the mixed use land use designation, I have the fluoria

   1:01:24ratio long. The fluoride ratio, maximum fluory ratio, and the MU is 3.0. Um that's 300%. So you're so it's and when you look at all the other land use classifications, you look at COM, it's 0.6, 60%. So you're looking in an area where the land use guides more intensity. I just wanted to explain that's how we arrived at the C2. As it's been stated here, we're going through access management review, we will be met to address

   1:01:54buffers, and we attend on the land of the neighborhood.

   Jaimie GirardiVice Chair

   1:02:00Did I hear the gentleman say you were already closer to 200? No,

   Unidentified speakerVoice C

   1:02:04I'm sorry. We have a preschool and a school, so our total number of students is closer to 100 right now.

   Connected City

   1:02:10Thank

   Unidentified speakerVoice C

   1:02:10you.

   Connected City

   1:02:14So I had a question to um kind of go back to um what Mr. Moody's uh discussion was on this last case. How did the uh twenty two thousand uh square foot cap deed restriction come about? And that's probably best directed to do you staff.

   Unidentified speakerVoice A

   1:02:32Mm-hmm.

   Connected City

   1:02:33Or Barbara Barbara, you're willing to Yeah. Go ahead. Yeah,

   Unidentified speakerVoice A

   1:02:38this my understanding that was it was uh in connection with the traffic analysis. It was decided that we wouldn't be exceeding um anywhere close to that amount, and so that uh for traffic analysis purposes we went ahead and capped it.

   Connected City

   1:02:50So the gentleman before that did the traffic study he mentioned that uh the analysis was about thirty two thousand square feet was their study. Um so that's why I wondered where the twenty two thousand k square feet came from.

   Mike Razor

   1:03:07Uh again for the record, Michael Razor. Um the the study did evaluate twenty-two thousand. Okay.

   1:03:15the deed restriction cap, so that was reflected in the traffic study. The thirty-two thousand would have been the number that came from the reasonable application of the reasonable yield formula.

   Unidentified speakerVoice E

   1:03:24So I think that's the question. How did it become from thirty

   Mike Razor

   1:03:27twenty? Ultimately it was a client driven need for twenty-two thousand square feet and not more additional square feet. So we we we did the study based on what what was required what he needed and uh had the deed restriction to capitate that to make the study and jive with the um with the request.

   Jon Moody

   1:03:45So it's fairly common for applicants to do this. which is another reason we have feed restrictions, um because otherwise they might have to analyze a higher trip generation from the site which might trigger additional improvements or failures and so they Instead, in lieu of triggering all those improvements and failures and say, I'm never gonna build that, so they agree to restrict it to something to what that they'll actually build. Okay.

   Unidentified speakerVoice A

   1:04:10Yeah, so that's that's correct. This was definitely self-generated. We we came in and said we we will do deeper fish for 22,000 square feet to match the traffic study. For no particular reason, no concern right other than the fact that that was the maximum yield we were thinking we were going to have on the property, so we went ahead and used the 22,000.

   Charles GreyChair

   1:04:31Okay.

   1:04:34All right. Any other questions?

   Chris Williams

   1:04:39Alright.

   Charles GreyChair

   1:04:40On your emotion?

   1:04:47Do I hear

   Jaimie GirardiVice Chair

   1:04:48a motion?

   1:04:50I'll move to approve item PC6 as presented.

   Connected City

   1:04:55I'll second that.

   Charles GreyChair

   1:04:57We have a motion and a second. Any further discussion on that motion?

   Chris Williams

   1:05:02Uh the only thing I can say is I still have concern about the traffic at that intersection and the fact that there are not one but two churches there. That's my concern.

   Charles GreyChair

   1:05:13Okay. Well we have a motion and a second. We need to go ahead and vote on this motion and if it fails we'll come back with another one. Pardon me? So we're

   Jaimie GirardiVice Chair

   1:05:23missing some

   Charles GreyChair

   1:05:24idea together. I believe he's

   Denise

   1:05:26recognized on this

   Jaimie GirardiVice Chair

   1:05:27one. No, that was the PC five he recused himself from. What were you recused from this item or

   Denise

   1:05:35that? PC five. Okay.

   Charles GreyChair

   1:05:39So we have a motion and a second and and if there's no further discussion, to be clear

   Jon Moody

   1:05:43the motion since we had somebody leave, the motion is for an approval of staff's recommendation as is.

   Charles GreyChair

   1:05:49Okay. Okay,

   Jon Moody

   1:05:51okay.

   Charles GreyChair

   1:05:53Okay. All in favor signify by saying aye. Aye, aye. Aye. Opposed, like, sign. Oh

   Chris Williams

   1:05:59no.

   Charles GreyChair

   1:06:01Pardon me?

   Chris Williams

   1:06:02I'm gonna vote no. I don't know.

   Charles GreyChair

   1:06:04Yeah. Okay. Motion carries. So one negative.

   1:06:11All right.