Zoning Amendment (Consent) – Reima Investments LLC/Apple Enterprises Trust – Change in Zoning from a R-2 Low Density Residential District to a C- 2 General Commercial District – South Central Pasco County – On the South Side of Catfish Lake Road, North of State Road 54 – Containing Approximately 8.39 Acres

1:44:05Aye. Okay. P one oh seven.

1:44:11Thank you very much for coming forward.

1:44:17Liam Devine, Planning and Development. Before I begin item P one oh seven, um I have received several expertise for each of the commissioners and I have provided them to the clerk's office. Um I would also like to request to receive and file a conceptual for this rezoning.

1:44:34Move to receive five. Oh, so can someone make that motion?

1:44:38Move to Stephen Powell. Second.

1:44:41All in favor say aye. Aye. Aye.

1:44:45Um PDD 23-7665 in the name of REMA Investments LLC Apple Enterprises Trust. It is a rezoning amendment from R2 Low Density Residential District to C2 General Commercial District. The subject site is located on the southwest side of Catfish Lake Road, north of State Road 54. This is an aerial view of the project?

1:45:10This is the surrounding future land use. To the north is res six, to the east is com commercial, to the south is res twelve and res three, and to the west is com commercial as well. The surrounding zoning to the north is R2, to the east is C two, to the south is AR and MPUD, and to the west is R2.

1:45:31The subject site is currently undeveloped on approximately 8.39 acres. The applicant proposes to develop the property with a daycare and restaurant in conformance with the C2 General Commercial District standards for development. Access to the property is from State Road fifty four, a F dot maintained R trailer roadway with approximately two hundred feet of right of way that varies, and Camp Indian Head and Catfish. Catfish Lake Road, a can county maintained local road at the approximately fifty feet of right-of-way that varies. The surrounding area is characterized

1:46:01by commercial and residential development, and the subject site has a feature land use classification of commercial.

1:46:10Here are updated conceptual plans for the rezoning.

1:46:17And here's a zoomed in ver version as well.

1:46:23This is coming with a recommendation. From Planning Commission and Planning Development Department for approval. I'm here if you have any questions. Okay. Thank you. Any questions?

1:46:33Yes, um I'm looking at um Google Maps, I guess, and there's a five foot sidewalk to the west of this. Are there any plans to I know this is the old part of fifty-four and before we went to complete streets and put multi-use on the north side um in other places line 54. What what is the plan? If any, for this area.

1:47:01So I I can double check on that while you accept public comment um and see if there are any plans. Are you referring to to um

1:47:09The frontage.

1:47:10The frontage, just along fifty four.

1:47:12Yeah, there's a sidewalk there now. I just didn't know if if in our master plan there was a hope or dream of having something other than a five foot sidewalk. That may be a four foot sidewalk. I'm not even sure.

1:47:25I I will double check and I can answer that after public comment if that's all right with you.

1:47:29Thank you.

1:47:30Mr. Chairman Mariano.

1:47:31Yes. So am I missing something? You've distributed a conceptual plan for Euclidean straight Euclidean zoning to C2. Is there a conditional use that's going with this?

1:47:44There is not. Um the applicant submitted a conceptual and I believe there are several um individuals here that have concerns and they reviewed that conceptual with the applicant and wanted to speak with to that today. Um and if they were going to reference it, I wanted to make sure you guys had it in front of you.

1:48:02C two the applicant can do can submit a site plan for whatever they want. Correct. Okay. Just making that clear.

1:48:11Yep. There there is no district deed restriction for uses either. So this would be allow any of the C2 uses that are permitted.

1:48:18Okay.

1:48:21Okay, would the applicant like to come forward?

1:48:31Good afternoon. My name is Jason Glazer, 19940, Northeast 21st Court. Um as discussed, our application.

1:48:41What city

1:48:41is that?

1:48:42I'm actually from Miami.

1:48:44Have you been sworn? Yes.

1:48:45Well,

1:48:46did you get you sworn in? Yeah. Then you're good to go.

1:48:48Thank you. So we are looking to rezone the property to C2 commercial, which is part of the future land use. We are proposing to build a 12,000 square foot daycare facility, a Class A facility, actually run by a franchisee, a local Pasco County resident. It's not a commer uh uh corporate use, as well as a proposed restaurant for the front. We have spoken with a couple of the residents in regards to some of their concerns, and I wanted to address some of those

1:49:18concerns. First being the postings, we had sent all the postings that we were required to via mail, have sent uh the planning and zoning department copies of the postings as well as we have a lot of the return receipts. We also posted our sign as properly required. It had blown over, which we then fixed. and sent proof of that to the planning and zoning department. Secondly, we have heard concerns about traffic. Our original proposed site

1:49:48plan had two exits onto Catfish Lake Road with three buildings proposed. We toned that down to two buildings with one exit onto Catfish Lake Road, one direct straight lane coming in off State Road 54, and heading out the back. We purposely put the daycare facing the back so that there's no playground in the rear causing noise for children during the day, also for the safety of children, not having that along the back road. And we feel that it's proper adequately spaced

1:50:19so that way there would not cause any backup in traffic. Uh furthermore, I want to reiterate this is not a school, this is a daycare. There is no drop-off, no stacking. You have to physically park and walk your child into the property. Uh the property usually gets busy from one to three o'clock most of the day. Uh, it won't interfere with afternoon traffic, morning traffic. It would probably, if it was maxed out at all times, would hold 160 kids,

1:50:50but uh drop off occurs by age group, so it's never full all at the same time. So we're alleviating traffic with that. And furthermore, we've heard issues in regards to the wetlands. The property is about 8.39 acres, of which only three acres are uplands. We will have to mitigate some of the wetlands based on our wetland studies. They are not high-quality wetlands. We have done endangered species studies. There are currently no endangered species found on the property.

1:51:21We will be mitigating about a half acre of the wetlands. We will have to enhance those wetlands, adding about another half acre to the property. Furthermore, we understand that sometimes when it rains, uh, there is ponding. Uh, that is probably due to the quality of the wetlands. It's not draining properly. We will be adding retention as well as connecting to the sewer system, which should alleviate some of those issues.

1:51:52Uh excuse me. Uh and and furthermore, with the wetlands, excuse me, there are no endangered species specifically in the areas that will be impacted. We believe that the new proposed site plan takes care of a lot of the issues that we've heard from the local community. And we believe, as heard from some of the residents earlier this morning, that the use proposed is of high quality and is not just another Burger King or McDonald's and is actually supporting the local community by building a use for a

1:52:22local resident. Um We've built about twelve of these throughout Central and West Florida. Uh that we've never had issues with parking, we've never had issues with big traffic areas, and we do believe that it's a use that will provide a benefit to the whole community.

1:52:39Yeah. Any questions? Mr. Chairman Yes sir. For your Commissioner Weightman. Thank you.

1:52:44What's your name again?

1:52:45Jason

1:52:46Glazer. Mr. Glazer, what's your hours of operation for your daycare?

1:52:50The daycare is open from about eight AM to five PM, but with staggered drop-offs. Yeah,

1:52:55and your restaurant would be run tilt?

1:52:57Right now we don't have a restaurant. It's just a proposed retail building. We don't have anything

1:53:01lined up. Okay,

1:53:03thank you.

1:53:04Any other questions?

1:53:05Is that billboard yours?

1:53:07The billboard is not ours.

1:53:10I'd love to see that come down. Be be prepared for your signs.

1:53:17All right. Um very good. We appreciate your coming forward. Now we're gonna take some public comment.

1:53:22Thank you.

1:53:25Uh Brad, do you want to add something?

1:53:26Yes, I did want to add something real quick, just uh clarification. And I think uh Mr. Schneid Schneider was speaking to it earlier. Uh this is a zoning, Euclidean zoning. Uh the conceptual plan and the different aspects that he's talked about and different uses are not confirmed as part of this process. Um the site has not gone through any form of approval with uh. So some of those claims of access points and things like that are subject to change. We just want to make sure that that was clear that this hasn't been gone through the process yet. Very good.

1:53:57And we have some residents that want to speak?

1:53:59Yes. Um I have A couple individuals signed up. The first I have is Veronica Sanchez, followed by Cindy, I think it's Miner. MLiner. Mliner, thank you. And then uh Stephanie Rose. There's m there's others, but

1:54:15those are the first three.

1:54:15Okay.

1:54:17Hi, good afternoon. Um I wanted to start by uh saying thank you for your time. I did send an email yesterday asking for extra time.

1:54:25If I could stop

1:54:26you

1:54:26though. Let's have your name, address, and then have you been started.

1:54:29Apologies. My name is Veronica Sanchez, [address removed], and I have been sworn in.

1:54:36Thank you.

1:54:38Um so I did send an email asking for a little extra time uh since I ki am kind of leading our community with this. I don't believe I may need the extra time, but just to be safe.

1:54:49How much extra time do you want?

1:54:50Um just two minutes.

1:54:52Okay.

1:54:52So Um

1:54:56So I have sent emails to the commission. I'm not sure if you had an opportunity to take a look, but the first thing that I would love to impress is the fact that our community is not against rezoning. We are not here to stop this rezoning. As a matter of fact, I did have an opportunity to speak with the applicant, John, from EG3 Development. And we are actually very welcome to their business coming into our community. We know that this is a family-based community. We

1:55:26know that it's going to be a place for children. And we are very open to that. Our big concern as a neighborhood is our safety and the ability to come in and out of our neighborhood very easily. I understand that they're talking by The drop off times and um And that's okay. It's just where our community is. It's kind of hard to get in and out already. And some of my neighbors who are here with me will

1:55:57give you those presentation points here in just a little bit. As just mentioned, I do know that the conceptual can be changed. So I would like to bring up a couple of the concerns that we have. The first conceptual actually was very concerning for us. Because it was showing two entrances on the backside. One of those entrances was actually across the street. From a couple of the homes. We are much more comfortable with the new conceptual and one of the things that

1:56:27we would like to have is a safeguard that there will only be one back entrance. We would like to request that that back entrance remain approximately three hundred and fifty feet away from Camp Indian Head. Uh because the new conceptuals are a little bit more zoomed in, it's difficult to see exactly where it sits along uh Catfish Lake Road. So it's it's a little bit difficult to see where it is

1:56:57in conjunction with uh Camp Indian head. So one of the things that we are asking is to please keep the back entrance at least three hundred and fifty feet away from Camp Indian Head, which would be more ideal for that entrance to not be across the street from Homes. I also understand when I spoke with John, one of the things that he told me was the fact that when they're coming in that they are actually planning on improving the land, which I appreciate very

1:57:27much. And on the conceptual I see where they're doing the the wet pond and everything. We would also like to request some um some trees, maybe some buffering, just to make sure that there is some sort of green that is still going to kind of separate where the homes are. n on camp Indian head, away from Just that whole property in general. Uh we just we would like to be able to just have a little bit of separation. We're not asking for a whole lot.

1:57:58And uh that is another one of the things in consideration with just the site plan itself. That is another one of our concerns is to make sure that we have proper buffering. Also because of the fact that homes are so close to this site. One of our concerns is also the lighting of the property. We want to make sure that it doesn't interfere. We're not getting a lot of light pollution. on the homes that are on Camp Indian Head. So if we could get directional lighting to make sure That remains

1:58:29a nice private area for our residents, and they're not getting a big spotlight going like right into their house. Um so you know the directional lighting The issue with the back entrance. Um we're open to having the back entrance there because I do understand my husband is actually a first responder, so we understand the need for being able to have several points of ingress and egress from the property. One of the ideas that uh I would like to present is perhaps On

1:59:00the back end you can have to have the entrance, but perhaps make it an exit only to the right, maybe exit to the right onto catfish, that way you're not getting increased uh traffic coming into the Camp Indian Head residence. So um I believe that for me that's all I have. I'm sorry, let me just take a look at my notes since I have 30 seconds here. So

1:59:30again, I just really want to impress The fact that we are not trying to stop this rezoning. We're not saying we don't want you here. We are very open for Kitty Academy to come into our neighborhood. We just want to make sure that this remains a safe place for us. for the families who are going to come in and be part of Kitty Academy and to make sure that everyone is gets in and out of our neighborhood easily.

2:00:03Okay, uh so we don't we'll respond to what you say, but we'll just take public comment. But

2:00:09Well I'm sorry. I I'll I'll ask some questions, but I'll wait for the rest of the public. Okay.

2:00:14Well thank you very much.

2:00:16Thank you.

2:00:18Cindy Milner.

2:00:27Good afternoon. I'm Cindy Millener. Um a resident [address removed]. And yes, I have been sworn in. Um we have a presentation, I'm hoping.

2:00:43Just one moment. They're they're loading it. Okay. Okay, there you go. Right.

2:00:47Um the couple of items I wanted to address with you today is really about the safety and the quality of the road, specifically Catfish Lake Road. As you can see from these photos, it really depicts a lot of the Safety issues, it has not been kept, it's an unkept road. We don't have any sidewalks. We have no bike trails. We don't have curbs. We are literally walking on the road. Um it's a very narrow road. It's

2:01:17only twenty feet wide, so that's It's clearly not allowing a lot of traffic to flow in and out. Um the you know the ideal scenario would be to get sidewalks at least for taking our dogs out, or my son actually goes to um Pasco County, he's a high school student, he just started this year. Um his first day was Actually, the worst part of it was walking to the bus stop in the morning. Um he had he's

2:01:48never been one to be vulnerable like this. So um he said to me, Mom, I I honestly could hear things, but I couldn't see anything in front of me. All I saw was black. I couldn't even find the road where I was walking. Um Coincidentally, two days later, my husband and I were driving home and it was dark, same pi pathway he walks to the bus to the bus stop, and a gator, a six-foot gator, crossed my path. Obviously not a position we want any of our children

2:02:18to ever be in, especially when they're on a narrow, dark road without a sidewalk or curb to help guide their path. So that was frightening. But the road itself is up here in the screen, and it just again depicts the lack of sidewalk.

2:02:38No curbs, we talked about that a little bit.

2:02:46No. There. So thank you for your time. Sorry.

2:02:54I'm sorry.

2:02:55You have another minute.

2:02:56Oh good. I thought that just told me to stop.

2:02:58No, one minute together.

2:02:59Um so really the amount of vehicle traffic that can come in and out is is limited again by that narrow roadway. Um the the road itself is is really unkept and that's I think the biggest concern. I mean we live within a mile of Publix. you literally want to take your bike there and avoid fifty fours traffic altogether, but when you don't feel safe riding a bike down to the grocery store that's sad because you know, we have a great community and Um

2:03:30it's just in dire need of cleaning up. Um especially when you think about the projections of a daycare that hosts 180 students in a day. Now they said max capacity 160. Every other number I've seen is 180, so don't know if there's any discrepancy there. Um but between drop-offs, pickups, faculty, staff, you're looking at about 320 vehicles plus the townhomes of what, 24 townhomes, which would actually double our residential population as

2:04:00from what it is today. So

2:04:03Thank you. Um Stephanie Rose, followed by Heather Willis, followed by Jacob Luchensky. Luchenko. Followed by Patty.

2:04:18Hello, good afternoon. Thank you so much for your time. My name is Stephanie Rose. I also live in Camp Indian Head Road and I have been sworn in. As you can see on the PowerPoints here on the slides, intersection road, just to kind of give you guys a perspective of where we're at. I'm a realtor and a broker, and we are on 54 between 41 and Collier Parkway. So we're three and a half miles from the outlet mall on 75. So we're extremely, extremely busy. We have 10 folks, 10, 10,000 folks moving in per week. Uh

2:04:49uh for the last two years since since COVID has hit. But regardless, intersection 54 and Camp Pen Indian Road, as dangerous as it is now, if you've ever traveled it. Uh we see accidents daily uh between on 54 between Collier Parkway and uh 41. Vehicles traveling very fast. Um they're about 50, about 60 to 70 miles, which is not uncommon. Um, our wait times just to make a left-hand turn, which I I'll be showing here shortly, or typically anywhere between three and five minutes. We talked about putting a light up there, possibly that might help, but again, we can't

2:05:19have a light every block down 54, but something to be concerned about. Um Uh the median is often filled with vehicles where you'll see uh the U-turns and attempting to go into Hearing Cove, which is a condo complex, uh townhome complex across from us, as well as our neighborhood. Um and then at any any amount of time during the day, uh I I appreciate Mr. Glazer. He said he was uh lives in Miami, Florida. If you live here in in Pasco County in Lando Lakes, our busy times are not one done. Mm.

2:05:50They're just our busy times are seven to ten, eleven to one, and four to seven for our particular community that we're discussing today. Oh go to our next slide. So right here, as you can see right here, the lines showing the traffic, there is eight different ways. A car again. We we would be coming out, we are the we're the blue line, we'd be coming out uh to make a left hand turn on to fifty-four. Uh we can also go into our community by the orange line. Those are our two main lines. Herring

2:06:21Cove is just uh south of us. That's the purple line. They can go left and they can go right. And then we've got folks going westbound on fifty-four. They can go uh they can go uh left or they do a U-turn. So in that median at any given point in time, uh you'll see here on the next uh slide, uh there's there's multiple cars at all times. Um and this is an older version, but there is a shop a comp community complex here that also went in about two years ago that

2:06:51you'll see here shortly. Uh this is uh from a dash cam, from one of our dash cams. This is when we go to make a left hand turn. That's the Camp Indian Head Crossing uh stores and there's multiple businesses in there currently right now. The daycare would be going on the other side of that. Um this is a slow day actually. There's someone coming from uh number three from here in Cove to make a left on to fifty four. That person number two is making a U turn and number one is trying to get onto Camp Indian head. At any given point in time, usually around

2:07:21rush hour rush hour traffic, you'll see about nine cars and four are in the middle right there. So and that's just from me coming and going with our little ones, uh school and stuff like that. So just wanted to point that out to you and um Yeah. That's what I got. Thank you.

2:07:36Thank you. Heather Willis? Mr. Murray's capable.

2:07:49Hi. Um Heather Willis, [address removed]. I'm going to speak to you have been sworn. Yes, I have been sworn. Now you

2:08:00may proceed. Thank you.

2:08:01Um I'm going to speak to the fact that uh we have no Dedicated slowdown lanes where they propose this daycare to be built to turn on the catfish lake. You're coming. From the east or the west, there's I'm sorry, from the east, there is no slowdown lane to turn onto catfish and there would be I assume they would have a Slow down lane for turning into the daycare. Also, when you get around to Camp Indian

2:08:31Head, there is no slow down lane there. Um we have 65,000 cars that come down this road on a daily basis. Um Sorry, I'm nervous, I'm not a speaker. Uh slowing traffic behind the vehicles and also risking rear-in collisions. This turn comes before the proposed front entrance to the plaza, which means that people may likely opt to use the back entrance. Um this turn is also frequently used by the residents And

2:09:02um The patrons of Pet Boys and AutoZone. AutoZone also test drives its cars on this back road. constantly, um which it's a lot of traffic. and makes it dangerous for us also walking. In regards to There being lines. As she stated, there's different times where one to three is not the busy time. The busy times can be six in the morning I'm sorry, six thirty in the morning till nine thirty and then

2:09:32anywhere from eleven to two. Um and then of course from four to six thirty you still cannot get out. Um And in regards to this, the other day I was coming out of Camp Indian Head and there were eight vehicles in this turning area just trying to go different directions, whether it's making a U turn or going straight or Um

2:09:59trying to turn left to go north or s I'm sorry, east or west. It just crowds up the area. It's become very dangerous. As a matter of fact, I was leaving today and there was a car accident right there as I was leaving. Um

2:10:18Sorry, one second.

2:10:24Um the F D OT, we did try to research that and look up some information in regards to the F DOT uh crash. There are no statistics at this time because they're updating the systems. Um but It shows that we had an F rating and the map shows consistency in collisions along the 54 vicinity where this proposed commercial development is.

2:10:51Thank you. Thank you.

2:10:55Jacob Lucenko. Followed by Patty Yovino.

2:11:01Hi, Jacob Luchenko, um [address removed]. Um I've been sworn in. Thank you. Thank you for your time. Um here's a picture of a recent fatality or accident. It was fatal. Um that was on October twelfth. I think that was in the newspaper. So you know. Um This is a good one. There's close calls like this constantly.

2:11:31Um it took me five minutes to make a right turn to come here today. It's a little ridiculous. Uh

2:11:40Discussion points against uh uh rezoning application. Um SR fifty four has a grade of F. Um as was just said, the incorporation of the Plan 5441 intersection project will increase speed and traffic flow. Making it even more difficult to come in and out of the neighborhood. Um That'll be a problem. Um The the intersection we've seen concerns me. Uh my wife goes out there. um in the mornings

2:12:10when it's dark and she makes her left hand turn if anybody coming from east or west is not Have headlights on Someone's gonna get hurt because you can't see there's no there's no light, there's there's no traffic uh signals Um But again, you can't put 'em. You know, every block. Uh So we just wanted to point out that we're going to be able to do If if this moves forward, we just ask that due diligence is done in in making sure that everybody's safe. I mean I've got kids growing up who are gonna start driving

2:12:40at some point in their lives. Everybody's been through this. We just want the safest thing for our kids. Um this isn't safe for half the people that are driving out there. Um Uh proposal to close off the median at 54 and Camp Indian head will create an even greater danger, uh forcing everyone, anyone exiting the neighborhood to make a unsafe U-turn uh to head east on 54. That's a problem. Like I said, it took me five minutes. I have video too, so I know I'm under oath, but I have video showing that it took five minutes to take a

2:13:10right turn. The traffic has gotten increasingly heavy as of late. And it it's a little troubling. There's a lot of people out there. But that is it for me, and I'm gonna give my time back to you guys. So thank you. Thank you.

2:13:28Thank you. Patty Yovino?

2:13:32Yeah.

2:13:34Mm mm.

2:13:43Good afternoon. My name is Patricia Yovino and I live at [address removed], and I've been living at that address for 34 years and I was sworn in. Um last week I emailed a letter to you and uh stating my concerns about the rezoning. And in my letter I mentioned that my family and probably most of the people in this neighborhood moved there because of the peaceful, quiet, and natural setting. It's a special

2:14:13place. I went to the camp a couple times. My neighbors have addressed a multitude of traffic and safety concerns, which definitely will be compounded with this commercial project. In addition, The potential townhome project on the corner of Camp Indian Head Road and Catfish Lake Road would even further exacerbate the traffic concerns, noise, construction traffic, and other impacts to our neighbor to our neighborhood. Improvements

2:14:44to Catfish Lake Road are needed. Sidewalks and road riding are needed. This is a small neighborhood and as you have heard residents walk, ride bikes and walk. Pets on the road. We have elderly residents and small children. With commercial development this road will be even more hazardous and needs to be improved. Just an example, I was walking yesterday and a car came speeding very fast toward me in the middle of the road. Fortunately I was paying attention, but a sidewalk would

2:15:14eliminate a situation like that. As has been stated, we are open to responsible development. and welcome EG three development and the economic growth they bring. I am concerned about the mention of a restaurant because that would have bring in a great deal more traffic and I was only aware of the daycare. So it would be nice to know what is going to go there. Um

2:15:45our main concern is the community safety, the safety of the children who'll be attending Kitty Academy. and all of those who drive in and out of our neighborhood. We are also concerned about the preservation of our residential. Neighborhood atmosphere. About reducing the impact to the natural environment as much as possible. Buffers and barriers with landscaping andor walls. are needed to help reduce traffic noise and visibility from State Road 54. In

2:16:15closing, as a community, we're asking what what are our next steps? How can we achieve these improvements and mitigations? What steps can be taken to hold uh The Florida Department of Transportation, Swift MUD, the developer, and the county accountable for these needed improvements. So as Veronica and everyone have said, we didn't come here to demand a stop to the rezoning, but we are very concerned about the things that have been addressed

2:16:46and the safety concerns and The preservation of our neighborhood environment. So thank you very much for your time today.

2:16:55Thank you.

2:16:57And Mr. Chair, that is all that I have who has signed up to speak on 107, and I do not have anyone on WebEx for P107.

2:17:07Okay. Um I don't know if we should have maybe

2:17:11Bradman that might call for

2:17:14public comment that

2:17:15has not

2:17:15been signed

2:17:16up. Anyone else in the public would still like to speak? Didn't sign up.

2:17:23Now if you keep moving it.

2:17:26Okay. I couldn't could sorry, could

2:17:28couldn't read your money across my house. I live in [address removed] for the last eighteen years. Uh when they developed the coroner or camping and he had on fifty four with a multiple use uh

2:17:43have

2:17:43you have been s

2:17:44have you been sworn

2:17:45in barman and so forth. Um They elevate the ground about three, four feet over the road. All that ran off. There's where it comes to my yard. And that's only one small commercial development. And then the second thing is, you may not say all this now, but every square mile that we pave in Florida is one square mile less than a quiver is going to replenish.

2:18:17And fairly. It's not uncommon that the peak hours of traffic The red light and lows. Backs up all the way to the entrance of Camping and Hill. We cannot even make a turn because it's a parking lot. Thank you very much. And sir sir, sir,

2:18:35sir. Sir. Sir.

2:18:39We need your name, address, and have you been sworn. We need your name, your address, and have you been sworn.

2:18:46Sorry, I'm very hard.

2:18:51My name is Luis E. Gutierrez.

2:18:55[address removed]. Thank you. [address removed].

2:19:01And were you sworn in with everybody else?

2:19:03Did you earlier did you raise your right hand and swear in?

2:19:06I swear very good.

2:19:10I think that's

2:19:11a yes.

2:19:14Okay,

2:19:15I

2:19:15well prefer that way.

2:19:21Bureaucracy is making our life very miserable. You know, there is so many rules, regulations and if and what and um fine print that the average person of my age is starting to wish that we were dead instead of living in this atmosphere.

2:19:38Thank you.

2:19:41Is there anyone on WebEx?

2:19:51My name is Corinne Weiss, [address removed]. And yes, I was sworn in. I live in Lakes at Heron Cove, which is directly across the street from Indian Head. So every day I face that intersection that the ladies from the Indian Head were graciously enough to provide slides to show you. It is a major

2:20:22traffic issue. And we again, our community is not against a daycare center being across. We're not really against the rezoning. But we really need to address the traffic situation. It is extremely dangerous. It's hard for us to get in and out of our complex, even making a right-hand turn. And while there are traffic lights at Lowe's, which is about half a mile from us, and

2:20:52call your parkway, there's nothing in between. So what we are requesting is please look at adding a traffic light. at that intersection across Indian Head and Heron Cove, Because it will help to slow down the traffic. I don't know why people think it's a speedway, but they do. You come around that bend and it looks just like a racetrack. And so they think, oh, I can go 60, 70 miles per

2:21:22hour. So, yes, on a daily basis, and I just passed a very bad accident at the Lowe's traffic light, just a few. You m you know Right down from my intersection. So I had not seen the second proposal from the developer. I was very concerned about fast food restaurants going in. I don't think that's a very good idea behind there. A restaurant possibly,

2:21:53but you know we're right down from the mall. We have a million restaurants now in our area. So again, I think if we could just take a look at adding a traffic light. That might suffice. Thank you for your time.

2:22:08Thank you.

2:22:13Yeah. See none anybody else on WebEx?

2:22:17No one's on WebEx for this item.

2:22:19Okay. So it was back to the board. Um Brad, would you like to address some of those Topics.

2:22:26I think it I think it'd be good if you could if kind of went over the things that the people have brought up.

2:22:30Uh yeah, well well mainly I just need to again reiterate that this is a rezoning. Um that what was shown was a concept plan. There is no commitment to that plan. That plan has not been approved. The types of uses on the site are not at all restricted. Anything in C2 could be used on the site. If it is able to be designed and meet the approval process based on the land development code. I very much appreciate all of the the neighbors coming in. I hope the applicant listen to them and will incorporate some of those ideas and concepts into their design when they do submit it

2:23:00ultimately for approval if this is rezoned. But this particular hearing, those types of engineering scale questions we cannot answer. We do not have a design, we don't have anything like that, this being a rezoning. This is not an MPUD or a conditional use or a special exception or anything like that where you're approving a specific plan or a specific use. So I I don't know that I can answer too many questions in that regard.

2:23:24Okay. So as far as like when they when they talk about sidewalks, when they talk about access, when they talk about the trips Um The entry, the far as right in, right out. That's all gonna go through a process through your development.

2:23:36Through when they w if this is rezoned to C two and they do come in uh with the site plan, they will need to meet land development code requirements for all of those items.

2:23:44And we have codes designed to protect all those things. Yes. But you really don't take any public comment when that's coming forward.

2:23:52I'm not sure. I I think that uh a lot of what was discussed was safety related issues related to the area and our county engineer has been very good about identifying those. Um so if those come up during the review process, uh she'll make sure that we address them.

2:24:06Brad, are you still doing site plan notification?

2:24:08I'm sorry.

2:24:09Are you still doing site plan notifications?

2:24:11Yes, within thirty days of the final approval of the site plan, notification is sent out to the neighbors. Uh so they would get that notice and they could come and look at the plans to see what the uh proposed design is.

2:24:25And the problem is if it's consistent with code, you're required to approve it.

2:24:31Yes.

2:24:32Okay. So if the board has If the board is very concerned with the use or some of these other things, the only in a Euclidean category, the only way to address it would be to continue the matter. and have the developer come back with it with a developer development agreement. Um if you wanted to limit uses, if you wanted to limit access points, that sort of thing. That but in But as I started and

2:25:02Brad finished up for me. Um you know, a straight C two can be anything from a Chick-fil-A to Um You know, uh Any uh high uh high generation retail. Yeah. Yeah. You're not y if you approve this today at C two, you're not guaranteed that this will be a daycare.

2:25:25Okay.

2:25:27But k before well Is there any way to know before we'd make a decision on this the quality and shape of Catfish Road or what I mean the community.

2:25:45But the applicant is Saying come on. Uh he wants that's going to add to this road. I mean, looking at it, Google Earthing, it looks like people are using potentially using the bypass. Uh the more eastern entrance looks a lot safer than the westward entrance, but you gotta have your head on a swivel looking like you're coming in and out of there. Um

2:26:08So the traffic volume I I am concerned with that. Depending on what we're doing. They're warning.

2:26:16I think it bring br the people have brought up a lot of b good points. You're bringing up a lot of good points there. I think um The applicant knows we want to try to help him out as far as coming in, but we need to protect what's out there as well. Uh I think if you are willing to work with us at the attorney's suggestions, we could probably make Make it go that way. Does any anything that you heard overly objectionable?

2:26:36Uh no. And I actually want to just clarify a few things that the community brought up. Our intent safety is our number one concern. We're going to have children on site. So we we don't want to create an unsafe environment. I did misspeak. It will be 180 kids of capacity, and I apologize for that. Just a quick stat: 30% of these kids are dual children homes, so there's not going to be 360 cars or trips a day. People carpool, teachers carpool, things like that. Another clarification: when I

2:27:06have said the peak hours are one to three, I meant of the daycare. I don't know what the peak hours are. Hours of the community are. We will be required to do a traffic study from DOT regarding State Road 54. Another reason to keep in mind is not all cars will exit onto Catfish Lake Road. We do have a proposed right-out onto State Road 54, so it's not going to be flooding Catfish Lake Road. And I do believe that a one-way exit off the back would actually clog up more. Traffic and create more issues

2:27:37and more safety concerns. And as you all mentioned, when we do come in for the site plan approval, we will have to comply with DOT, Environmental Protection Agency, South Florida Stormwater Management District, and any other regulations you all put in place which we're willing to comply. Our goal is not to create a burden for the residents of the community. We want to bring a use. that complements the community, all the growth in the community, not another Chick-fil-A, not a gas station, not a car wash. We want to bring

2:28:07a real use that would benefit everyone here. And we're happy to meet with the neighbors and work with the neighbors to address all their concerns. I've heard concerns about lighting. Obviously, if we build something, we will have lighting out there, which should lighten up the area. I've heard requests for sidewalks and road improvements. We submitted a substandard road review application to the county, which was reviewed and does require us to do some improvements to Catfish Lake Road, which we are willing to do. Generally, sidewalks

2:28:38And roads are a county issue, but we're happy to work to uh to improve those as needed. Um and really, as I said, we're not we're not trying to make anybody's life more difficult here. Um I've heard everyone say they are pro-development. We're hopeful that the use that we're we're providing is uh something that will benefit everybody here, and we're willing to work with everybody to make it a safety. Environment.

2:29:03My um Commissioner Yeager

2:29:05Stark.

2:29:05Um I just wanted to mention uh landscaping was brought up. Um anytime you have a commercial against residential, there's there are buffer requirements, so those would all kick in. We already have a dark sky lighting ordinance, so any lighting has to sh go down and can't spill onto your property. Um That is a state road. I don't I don't know what the story would be with a a light there but I'm sure our staff will look at it. Mm I'm o I think a daycare is a great use

2:29:35here. My my only fear is and I I hear you saying it but I sure don't I I I worry about fast food. That's the only thing I worry about coming in there because it just generates so much traffic.

2:29:48Understood. Yeah. And and to your landscaping point, if you look and I can provide uh evidence of all the other sites we've built, it will be flush with landscaping. Uh we're gonna be bringing trees, hedges, all types of uh landscaping that will lively up the area. Also in terms of uh blocking view. Use. The daycare is a lot like a medical office building with a pitched shingled roof, so it'll block a lot of the noise and visibility from State Road 54 to Catfish Lake Road. It'll be, you know, pitched

2:30:18up high. It'll uh you won't be able to see the restaurant in front of it or all a lot of the cars passing along 54 anymore. Um so Again, we're happy to work with the county and and the city to address any major concerns and And see this through.

2:30:37Any other any other thoughts?

2:30:42No.

2:30:43and this is not a school, this is a daycare.

2:30:47transported there from schools at all?

2:30:49No. You have to drop your you have to tr uh park and physically walk your child in, check them in and leave. There's no tra uh there's no uh buses or group transportation unless they carpool with another child.

2:31:03And also the road, the new proposed road is actually three hundred and fifty seven feet away from Indian Head. Uh road.

2:31:11Okay. Question for you. And we again with the zoning, et cetera, we can't bind you far up, but I will ask the attorney to speak to the suggestion he had earlier that he made. Uh just for the residents of the for the back road. Um, are you willing to put like a ten foot wide path along your property line? Uh

2:31:29but you path you mean like a sidewalk?

2:31:31Sidewalk, yes.

2:31:33Uh yeah.

2:31:33Okay. All right. So Mr. County Attorney, would you make that recommendation for us as far as

2:31:41we had a lot of concerns here, and I think he's willing to meet them and and we can't control what our regulations are and we can't obviously go through them all now, now, but but uh uh if if they've got a notice to looking at a site plan, you've got a chance to incorporate all that. I think there's a win win here, but

2:31:56Well so the Like I like I said in my conversation with Brad, the the site plan notice is is they're gonna get notice of what the applicant is proposing. If they don't like what the applicant is proposing, at that point it's too late to do anything about it. If the board has concerns about uses that go on this site and they want to limit those uses The the recommendation, like in many other Euclidean zoning

2:32:26categories, would be To require a deed restriction. That says what the applicant

2:32:36Um in other words, limiting the number of C two uses that could be that could be put on this property. Or to do a development agreement that would do that same that same sort of thing. Deed restriction is generally the Less expensive way of doing it and less onerous way of doing it.

2:32:59Right. Um

2:33:01ninety-five percent of the ones we do are need restrictions.

2:33:03Yeah. And s but that would require this item to be continued to your January twenty fourth meeting.

2:33:10Are you okay if we continue to give you a chance

2:33:12to incorporate all that? My preference would be not to, but if it's a nuss, if it's a must then

2:33:18if you if we go with it to a vote there's a risk for you. If you just continue it, I think you get some The support uh Uh let you get give a chance to g get the residents and 'cause there are a lot of concerns that they need to get looked at. I think they're all doable and I think you're a seem like a smart man that's that wants to help with the community, a compassionate guy. So I think if I were you I would let us continue it, give you a chance to take all those concerned to play, work with your own team to put it together and And let it let us rehear it back in January. Yeah.

2:33:50So you're okay with the continuance?

2:33:53D. I'll move approval for continuance to January

2:33:59M move for a continuance to January twenty fourth. Uh twenty twenty three at one thirty or soon at thereafter is Can

2:34:08I can I just clarify something? The continuance is for the rezone or this is for deed restrictions? It's

2:34:14for the rezone. You're not basically you're not getting the rezon until The property is restricted.

2:34:24Two uses that are more palatable or or that

2:34:32I don't think the use was the issue here if I'm if I'm not mistaken. It was more of a safety issue, which is the site plan.

2:34:47Oh fast food C two zoning would allow if it there's no need restriction. I don't think anybody's saying they have a concern with the daycare on the site, but CTU zoning allows m far more than daycares. That's the unless there's a deed restriction. You could put Chick-fil-A there. That's the issue. This this way here you can. Yeah,

2:35:06I understand that.

2:35:09Sure, we'll we'll agree to a continuum.

2:35:11Okay.

2:35:12Okay.

2:35:15So can I just get clarification from the board? The the use part Liam and I can easily figure out how to draft that. Were there anything else that you heard today that you want to see Restricted on the site or are you comfortable relying on the Land O' Lakes for everything else?

2:35:30Um I think if we make sure we put that ten foot wide path along that back road.

2:35:35So you want to see a sidewalk on catfish? Catfish, yes.

2:35:38I'm not sure there's room there for ten foot.

2:35:40No.

2:35:41Mm-hmm.

2:35:43The applicant is correct that they are required to bring that roadway up to standard, but our substandard road criteria do not require the construction of a sidewalk. So that would have to be an additional Requirement.

2:35:54I would want to see at least a sidewalk of six feet. If it can be ten, great. I frank and frankly I I wouldn't mind even giving a credit for some of the impact fee to help offset the cost for that if it's not

2:36:08cat I don't know what catfish road is, but I would doubt it based on the condition it's in, I would doubt it would be creditable. Okay.

2:36:16Probably not. And We'd have to check the right-of-way too, because I don't know how much right-of-way we have for catfish. Yeah.

2:36:23All right, so I'd I'd look I'd look to see what can fit and and see what we can get get for a some type of at least a six foot wide path on the back.

2:36:30Yeah.

2:36:32Any other things you want to incorporate? The code's pretty good from there?

2:36:37It's a good start.

2:36:40All right, so I have a motion to continue January twenty fourth.

2:36:44Yes, the District Two.

2:36:48All in favor say aye. Aye. Aye. Okay. Thank you very much.

2:36:53Commissioner Starkey, if you if you will allow me to to answer her question before I didn't get to jump in here, you were asking about if there was any trails planned along State Road 54. There isn't currently any trails planned along State Road 54 in this area, but I can tell you I did reach out to Tina Russo, who did say that they are planning on looking on that whole corridor to for a complete street design and future safe safety improvements.

2:37:20They don't have that opportunity right now.

2:37:22Yep.