Riverside Village 5 SR40 LLC PDD 227552 55 townhomes
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Machine transcription of 1h 18m of recording, with speaker names inferred from voice matching. 92% of 359 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
So um we're gonna move I on to item P six. Right. Uh for this item the Chairman has granted twenty minutes time to Ms. Will Hight and her team
If she needs it.
If Ms. Will Hight needs it, right. The request is for twenty minutes maximum time. Yes. So um if this item seems familiar is because uh the Planning Commission was provided a full presentation on this item. It's PDD 227552 on August 26th of 2021. This is SR40 LLC Riverside Village 5. It's for a change in zoning from an R2 low density residential district to an MF1 multiple family medium density district with a voluntarily agreed upon deed restriction
limiting the uses to a total of 55 townhomes. Villas or duplexes and for there to be street trees and or front yard trees. On August 26th, you received a full presentation at the Planning Commission. The Planning Commission requested that the rezoning address concerns related to trees, provide a concept plan, and show the layout of townhomes on the site. The applicant will be presenting a concept plan today. Additionally, the Planning Commission had asked
for folks from Stormwater to be here to address the overall stormwater issues in the area. We do have some folks on WebEx who have been promoted to panelists so that they can speak on those issues as well. So um do you want me to Turn it over to the applicant.
Yeah, that'd be fine. And uh uh before we do, do I have a motion to receive and file? So move this document. We have a motion to second. Any further discussion? All in favor? Aye. Aye.
Hi, good afternoon. Barbara Wilhite, 6327, Grand Boulevard, New Port Richey, Florida, 34652. We've come forward today with to address the items that you wanted more information on. We have added the deed restriction regarding the trees for the townhomes. Those were received by Ms. Snyder over here from the county, and we incorporated them into our deed restrictions. We also have um Chris Shear, the client, is going to present to you. He has an abundance of knowledge regarding the drainage in this area. He's brought his engine he's brought his engineer.
um Robert Gonzales and uh to be like to be able to address any questions. We also have um with us as well Steve Henry um to talk about traffic. He's joined our team because there was questions about traffic um at the Planning Commission, so we wanted to have somebody that could actually speak to that on behalf of the applicant. So I'm gonna just gonna turn it over to to Chris and he's gonna talk about the drainage and his concept plan. And then Steve will talk about traffic and then we'll go from there. Thank you.
Thank you.
Good afternoon, Commissioners. My name's Chris Shear. I live at [address removed], and I have been sworn in.
Okay.
Uh as has been discussed, uh there were concerns expressed about stormwater traffic impacts and the Planning Commission asked for a conceptual site plan which I brought with me today. Um And I'd like to flip to my first Look at that, it works. So um First thing I would like to hit with here is the uh causes of street flooding. and the causes of flooding that's occurring on my property and has been for decades. And two thousand fifteen I hired Robert Gonzalez, a professional
civil engineer. to determine the cause of flooding on my property and Alvernon Drive. And this is uh How we're not drive. And that's my property and this is River Chase along the bottom and this is Riverside Village at the top.
Um Mr. Gonzalez identified two causes of flooding in his stormwater report dated October fifteenth, twenty fifteen. on October eighteenth of this year Mr. Gonzalez issued an update inspection report confirming the two causes identified still exist today. And I provided you a copy of that letter. It should be the first one on your stack. Uh both the flood study and the letter reconfirming his findings have been submitted to staff. And Mr. Gal Gonzalez
is here today if you have any questions following up after I make this brief presentation.
Okay. Uh Mr. Gonzalez says first cause of flooding on my property. uh in Alvern Drive is the failure of the Riverside Village Unit 4 drainage system. Now The drainage system for Riverside Village is big. But the failures he found are along here, This outfall structure here. And the outfall structure here. uh which is causing water to rush across this wetland
and across the street and fill my property with water and flood Albanar Drive. I know I got a blow up of that area for you. Somewhere. Yeah. There you go. Is it possible to adjust that up a little?
So the um
No, okay just that's fine. This line
Oh, I'm hitting the wrong button myself. Okay. My bad. Okay. This red line here uh is where a ditch should be. The ditch is known as ditch KK, from the uh plans that were approved t in the eighties and it was built uh when the subdivision was built. That plan or that ditch KK is very important because the water from this pond, the water from this pond, and these houses are supposed to discharge
to that ditch. and they run down the ditch and then they are supposed to come across and feed into this pond for treatment and for storage. But the problem is, and also down here, it's supposed to pick water up off of Alderon Drive, put it back up here, and then put it into this pond. But that's a good Entire Ditch is non-existent. The second problem we have with Riverside Village is this
outfall structure here. and the alpha pipes. So when that pond gets up to where the level what it's supposed to design for the the water is supposed to go through those pipes and across the street to um to a drainage ditch uh n on the north side of Alv south side of Albernon and go this way and head towards the river. But this has completely failed. It's clogged up. Uh the water's not going in the the in the pipes at all. And in fact
the water is when it fills up it goes this way and then finds its way around and comes down and it fills up my property down here and it floods Alvernon Drive. The third failure that he identified in 2015 and re-identified just last two weeks ago is outfall structure number two here. This one, that outfall structure is operating at about a 50% capacity. So um Anyway, uh th those are the his findings
on that and what's It's really just causing a lot of flooding, but um wanna go to the next one.
Boom.
This is a picture of the area behind the wetland where um
There should be a ditch here behind these houses running along this uh uh wetland. There is no ditch. If there was, you would see it. It would be about three feet tall on each side and be flat in the bottom and be coming towards us, so to speak, in that picture. So that outfall structure, I mean that ditch KK is non-existent, hasn't been existent for a long a decade.
This is uh Mr. Gonzalez standing in front of outfall structure three that I just described that's totally failed. You can see he's circling his he's get three up so we knew what picture it was.
That is a picture of outfall structure number three. And that is the biggest source of flooding that Uh that pond right there, if you if that structure was working, you would see the drainage pipes. You can't see them because they're underwater. Because it's not draining. You got uh grass growing in here and weeds coming out and these are f totally impacted with mud and silt and dirt and grass. This pond is about three feet taller than it needs to be. Or it should be. And
every time it rains like today, the water fill hits that pond and then it starts coming from my property and Alvern Drive.
Uh when I took that picture I looked around behind me and I happened to take this picture And I noticed that the homeowner here has built a retention a retaining wall to prevent his sea it's almost a sea wall, to prevent his property from falling into the pond. Because the the pond is so high. You can see, I mean it's just uh it's out of control. So um
This is outfall structure number two. This is the third one that I told you was operating at 50% capacity. Uh it needs a little work right here on the outfall structure, but If you look at the drainage pipes, there's two drainage pipes in there. This pipe right here is full of water. This pipe is bone dry. which led us to believe that this pipe up here was functioning, And this one was completely uh stopped up. So at best it's operating at fifty can
percent capacity and when the storms like today hit and there's already a bunch of water in the pond. the water can't get in those pipes fast enough, so it just kinda rolls over into the street, you know. It's got nowhere else to go. So I wanted to talk to you about some solutions for that problem. because I would like to see solutions for that problem, even though it's not my property. It's it's flooding me and it's flooding the street. So I personally would like to rebuild Ditch KK.
I would like to rebuild the outfall structures two, three, and three and clean out the drainage pipes underneath Alvaron Drive so it can get to the drainage ditch and get out of the subdivision. I have submitted to you. uh a deed restriction to uh your staff that would require me upon Uh if I if my zoning application is approved. and uh at the start of construction development it would require me to fix the system. And
you have a copy of that uh Deed restriction. That sh should be the third one in your packet. So but I wanted to let you know though up front that These repairs will complement R permitted is uh planned? And drainage plans. and will increase the capacity in the area. But they're not a requirement. And they're not a requirement of my permits. My permits are good. for the the drainage s uh system I proposed. and they stand on their own, this would be an additional improvement
to the area that I'd like to do.
Okay, we'll move on to the uh second cause of flooding. Oh, by the way, if you would like to more information, these are the original civil engineering plans for the Riverside Village Drainage System, I've kinda highlighted them to show you where the water goes and stuff like that, but We can do that later. This one kinda This one shows you the
uh ditch KK and how it was supposed to be built. Um
And there's a copy of the deed restriction that's on top of your pile. Okay. Um The second cause of flooding on my property in Albernon Drive is the flawed design and construction of River Chase. Uh the shared property line, I think I'll go to the area. Again, this is River Chase right here. on on the south side of my property line. the shared property line between my
property And River Chase is approximately two thousand three hundred and forty feet long. Mr. Gonzalez discovered that the back fifty feet of the lots and river chase. and one half the rooftops all drained to my property. They're about four feet high and they just Shoot right to my property. Two thousand feet times fifty times some rooftops is a heck of a lot of water when it rains a lot. This water floods my property. And then
it commingles with the water from Riverside Village Unit four. So I got water flooding me all along this way, and then I got water flooding me from this direction. It all pools this way and starts running up this way along Almanon Drive and along in my property. And it goes all the way up here sometimes. Excuse me. And it contributes to the street flooding. There is no treatment. and there are no tr retention ponds designed in that design for that property. It just jet flows under the back of my In
the end of my l uh property. And I got some pictures of the typical houses back here. This is a typical house in River Chase, which is on my south side. I'm kind of standing on my property line. But as you can see, This pool deck. Right here is it leans towards my property, it drains here, and then it washes down. This I'm sorry. It th it does it as well over here. You can see all this water has coming my way.
Then we If you look. You'll see a little black spot here. I I I don't know if you can see that, but that black spot Is that drainage pipe at the corner? And what's going on is all the houses out here have tied drainage pipes into their um Um gutters and downspouts, and they're all piping water down to the back of the yard and then it all runs down to me. So that's where I'm getting the roof run runoff. Uh and the pool decks and All kinds of water. So Here's
another one you can see. This is the uh where the property breaks towards me and this is a house or right there. You can see that comes this way, you can see the fence comes this way. There's so much water coming bet off these rooftops that I'm getting a little creek to develop back here. So
There's another one. Another house you can see the where the water's coming down and hitting the backyard and then flooding into my property. It's doing at the corner as well. So it's very, very typical out there for me to get all this runoff. It shouldn't never been approved this way. There's there should have been a retention pond set up to catch that water and treat it. It's not being treated or anything like that, but it doesn't matter, it's the way it is. But so the solution to the problem is I will construct The two thousand
lineal foot ditch and drain pipe system between River Chase and my property as approved by Swiss Mud and Pasco. I already have permits to fix this. I'll build a thirty five foot ditch in there, put pi uh drain pipes in there, and then it will Go backwards.
When I build that dri uh ditch Along here. All this water We'll t travel this way. I have a pipe uh permitted to go under patrician dri uh drive. You know come out here and this is the main drainage dish for the whole area. And this is the one that sends it down to the Ancloat River where it belongs. So I already have this solved. I just need to get it under construction. And that's how we're gonna that will improve Th the ditch will remove the River
Chase stormwater from my property the general area and it will help prevent street flooding, which is what everybody's concerned about. So I have two options to g get W actually three, because my permit also calls for me to rebuild this drainage ditch along Alvern Drive. So You know, we we we real we rebuild this. I build that. Here. And I build another I rebuild this ditch here and boom, we got we're the water getting out of
there as fast as possible.
So with that anyway, with that, that's pretty much my uh what I want to tell you about drainage and that's what I know and that's what I propose. I would like to fix the problem. And and excuse me, I'd like to uh move on to uh my site plan. I'm trying to do it in the time limit. This is my conceptual type site plan. Um first thing I want you to notice is that Um this site plane that you're looking at is only half of the property. Um Alvernine
my property from the corner Alvernine Drive to the end of the road where it dead ends is two thousand one hundred ninety lineal feet. It's forty two percent of a w of a mile. There's very little traffic on this road and there's a dead end at the end. So this is the first part of it. Mm.
My proposal. For the site includes an interior Drywile. Which will minimize the openings on Alvernon Drive. I got one here, one here
Yeah. And then this is the second half of the property. And then I got one opening here. And then two here.
I w would like you to notice some of the neat features about the property. This property is two hundred feet deep. The setback is not a good thing. From Alvernon Drive to this first building. Will be eighty feet. That's l that's huge. The setback
from here to the second building, I'd like to stagger the buildings that look better. That'll be about eighty five feet. This the distance between Alvernon Drive and this green space This green space will be Thirty five feet in depth. And then it'll but it it goes between Alvernon Drive and the interior driveware.
A rear yard setback, a lot of people on Out uh River Chase are worried about rear yard. Right here. between that building is ninety one feet. Ninety one. That's uh the most h home sites aren't ninety one feet. This one is eighty six. I have twenty feet uh uh between each building, twenty feet between those, twenty feet between those. And I don't think they have anywhere close to that on River Chase.
Also, uh, I know that it's very important to some Commissioners, that we don't have townhomes stuck up against the road and little two-foot strips of grass be going between them. As you can see the grass areas between my driveways and my townhomes, this one will be twenty feet by twenty-two feet, this one will be eleven by twenty-two. So there'll be nice green spots in the middle for trees. And bushes and all everything that the landscaper would like to put in. Mm.
Amenities Well, actually for just a second I would like to Just cut contrast what I see here. how this was built, with everybody jammed up against the street, And everybody jammed together. I got Green space upon green space, a All over the place. And I carried that design All the way through. This is the end of the road. I got wetlands at the end. I got
a wetland break between the clubhouse area and the the play area and this last unit down here. Oh. On amenities
I'm playing on a clubhouse with a pool for the community.
And I got a nice little design for a playground and uh they call it a flex court. Now the um The benefit I can develop this, there's a lot of benefits to the area. One. The Homeowners Association will be responsible for the drainage ditch here. and the drainage ditch back here. So the drainage ditches will be maintained. They haven't been in the past. Uh two. I will com I will completely rebuild this drainage ditch and this
one will be a brand new Dana drainage ditch You know? And that's for the community. It's not just for me. It's for River Chase. They need to get their water out of there. It's just sitting there. Also, my plan calls for
2100 lineal feet of sidewalk running all the way down Alvarnon. Now, most of the areas out here don't have sidewalks. but this one does and it ties into the river chase. area, so there'll be a continuous sidewalk all the way down
To the end of the property.
I'm on over twenty minutes? No,
you've still got a minute left, I think.
Okay. Uh so that's a a good benefit. And then I I even have room for 'cause I keep being asked about it, you can't it's hard to see. You could probably see it on your plans. I got a little area here and I don't know if that's where it'll go, but I think we could put a nice little covered bus stop in there 'cause a lot of people have been asking for that. So That wouldn't be a problem. So uh anyway, in long or short I've identified stormwater problems that have present presented the solutions. I've developed a concept plan which to demonstrates compatibility
with my neighbors. and provides many benefits to the area. The repairs to Riverside Village Unit 4 and the new 2100 square uh lineal foot drainage chip ditch will be very costly. Therefore, that's why I am requesting the increase in density to help cover these additional costs. Uh and I and I I believe my neighbors are sincerely sincerely concerned about stormwater issues. They should support my drainage plans and this rezoning. So that's
pretty much what I wanted to go over with you today and I appreciate time. At this time I'd like to introduce Steve Henry because
before you do anything, let me just see if we have any questions from up here on the DS on the DS.
I do, Mr Chair. Just real quick, if if you could put up the aerial of the the uh Ditch KK? The the KK? Yeah, where you plan to repair that?
I think I'm going backwards, right?
There it was.
Yeah. Yeah. So so the area that it winds around looks like it's mostly cypress dome. Um have you explored the feasibility of actually being able to throw that?
This was just a line I drew. It's really supposed to go back through here and the cypress head stopped somewhere right in there. Um it's possible those bay heads have expanded I mean, because the ditch is not there. And it grew into the ditch. I don't know for sure. I I could ask my engineer if he w climbed all the way back through there. But um It can be rebuilt. There is space to rebuild it back there. Okay. Yeah. And there's an easement, and I don't think Swift Mob would give me a hard time about it because
It yeah, uh technically it should be an improvement, but I mean it just looks like you're building through a wetland there. So that's that's what I'm saying.
you know, s I'll I'll start finding you if you don't stop. So I'd have to check with them on that. Okay, fair
enough.
But rebuilding it would be the thing to do. Yes, sir.
I have a question.
Chris,
did you say that I just wanted some confirmation that this proposed ditch would be in the footprint of the existing what the ditch should have been and that it is actually on the the um HOA's property and it's not on private property. Have you explored that?
Yes, it's on their property.
HOA owned property?
It's it's an easement, and the easement runs over the back of these home sites. And these home sites, those home sites, the legal distribution actually extends into the wetlands.
Uh great question. Okay.
Um
Hear me?
Yeah, I mean that was one of my questions. There is an easement there. I guess you confirmed that. But I I guess and and maybe uh are you planning to have your engineer come up or? 'Cause I had some questions about the I had some questions about the drainage and the stuff that you were mentioned was problems and I was just having trouble following I mean from my understanding is there's a problem with the outfall out of the existing ditches, okay? holding more water back from getting to you. So I I was having trouble following how you were saying that was causing flooding on your property.
Well the water. It's supposed to I can have Bob answer that, but the water from this outfall is supposed to come to this ditch down here.
Okay.
And then it flows that way. Same thing with this outfall. Supposed to come down here and drain that way. But it never gets there.
So that causes flooding problems for the people to the north of you, not for you.
No. 'Cause what happens is this pond flat backs up. Right here. And then it comes through this channel here. And then it comes to me. And then it comes acr and also it comes across the road. uh comes across the road here. So it's it everything now out there heads south sooner or later towards the river.
Okay.
I I have just one question and it's kind of like a why question. Why has this not been maintained in the past and w will it be maintained going forward? And who is responsibil who has the responsibility for maintaining, especially the the uh KK ditch that you indicated that has uh significantly incurred the problem for your property and for the residents who live there. So
They the Home Ressociation has refused to maintain their system.
Do they have a responsibility
to do that? They absolutely do. It's their it's their drainage system.
And why was it not enforced?
I I can't get anybody to enforce it. I'm trying to enforce it right now. I'm I'm on litigating with them to try and get them to fix their system.
I I commend you for stepping up to try to repair some of this stuff out there.
Okay, if there's no other questions. One more question. Okay, I do too.
Um On your layout, if you go back to your layout, if you can just clarify for me one more time on the conceptual plan. How big are those units? units? And and what are the
units are forty five they're twenty two feet wide and and uh and uh Forty five fifty themselves. Ooh, how do I stop that?
I gotcha.
Oh okay. Actually if you we go a little further I have a I meant to attach that and I forgot to, but I can't blow that up. Darn. Oh, can you go there's a building dimension in here. For the th this building somewhere. Uh I don't see it there. Right there, yeah. Well, six it's gonna be six times twelve, you know, six times twenty is a hundred and
eighties. I was more concerned with the depth. Um 'cause I I did have some questions on how I mean so if I follow correctly you need you're gonna restore the ditch On the east side of the road. I mean on the south side of the road.
Yes.
And you're gonna have landscaping, you're gonna have the driveway. Then you gotta have a front yard, then you're gonna have the building, then you're gonna have behind the building. Yeah you show on your concept plan a row of trees, but then you also said you were gonna build a thirty five foot wide ditch to convey the water coming to you from the south.
Mm-hmm.
I just wondered where all that stuff was gonna fit in there, that's all.
Well you know some of the trees. You know, uh on the the uh architect got a little I can't.
Which way do you want to go? That one? Up or down?
Uh I'm uh let's go that way.
So the property lines here there'll be about a thirty five foot ditch that goes along here.
So those trees will be gone?
Not all of them. Some of them you know, some of 'em but Some of 'em stay, some of them will go. But there'll be a tree line in there.
I think you said those eighty-six and ninety one feet roughly from the backs of the buildings to the property line.
Yes. Yeah, that's ninety one feet right there, and then that's eighty six.
And the ditch you're building's thirty five feet wide, is that correct? Okay.
And I'm assuming had the ditch been built like it's supposed to have been, those trees wouldn't have been there anyway.
Any other questions? Yeah, just the the the county staff as you're watch looking at this and seeing it, is there anything that uh gives you pause or makes you think that's not gonna work or anything like that? Okay.
Yes. Yeah, I
think the
staff's recommending
approval, I believe. Well this I think Richard's suggesting the drainage staff if there's any
Pardon?
I think you're suggesting the drainage folks if there's any any issues.
Anybody any county staff that's on the line or listening or here? Hi, good afternoon, Commissioner
Yeah.
Good afternoon.
This is Sammy Huey. This is Sammy Huey Engineer at Public Works. Right. I'm in the stormwater management section. Uh my I did have one comment for the applicant. Uh if How is the uh roadway runoff going to be conveyed to uh you know basically from east to west where it is in the existing condition? Is there a proposed swell along the roadway as well? I
I'm I'm sorry, I didn't get the question. I didn't know it was that f for me. Which which uh ditch are you speaking about?
Um just south of Alvernon Drive, uh is there a proposed swale that's gonna convey the roadway runoff?
There is already one there. The road the road is there.
And the the plans have already been approved for that ditch along Alvernon Drive? Um I have a site development plans with uh Pasco County and was swift mud before that ditch to clear it out and convey the water into the ditch.
Okay. And a second follow-up question would be I I've seen some older plans and I don't haven't seen the latest updated plans that were committed. Um there were some culverts going from the north to the south. Uh basically where the bonds to the north outfall. And at one time those those pipes were scheduled to be plugged. Are those still scheduled to be plugged?
Bobby you know what you wanna come up here and answer some of these step numbers?
Yes, could you just give your name and address please? Robert Gonzalez,
[address removed]. Thank you, Robert. Uh I've never seen a plan I uh permitted this project back in 2006. and since uh prior to that I've never seen a plane that suggested plugging any drainage pipes. Oh. in two thousand fifteen I did the inspection and report Which found that uh the pipes in the ditch pipes w are plugged.
There's not water flowing from North to south underneath the road and the ditches KK and those do not exist. which causes the water to come around the end of Al Alvern. onto his property. It's probably flooded today. as it has been for the last ten years.
Yeah,
I was as I understand the uh Pipes that are plugged are part of the problem. Is that not correct?
Yes, yes. Uh that outfall structures to release water after it's been treated in that larger pond. And uh as you can see from the picture it uh has no water leaving it. And the structure's not performing it's it's uh Purpose. Uh I did a uh rational design. calculation in on a twenty four hour twenty four twenty-five year, twenty-four hour
storm. Within thirty minutes the water coming from the eastern portions that go around Albernon Start flood The property. Because it's not going into the main uh retention pond. So I can't get to the river. Right. It it comes to our our property ver Chris's property and and and it's been that way. We had quite a bit of problems
with the uh Swift mud in the jurisdictional line because The wetlands almost increased Three times. Just because this had so much water going to it. And um we provided that study to Swift Mud and they said that's correct. It it's man made, it's not natural and so they gave us back our old jurisdiction lines.
Okay. Any other questions? Mr. Gonzalez. Okay.
Uh just a
clarification
from uh from staff. This is Sammy Huey again. Uh just to confirm that the the so the pipes Uh underneath Alvernine. Um those will remain as they are now, uh they're not gonna be capped, right? Just confirmation on that.
No, there's no capping. Uh we would like to have them opened up. to release the water and stop it from coming around the east end of Al Alvernon Drive. And flooding our property.
All right. Thank you, Mr. McGonzales.
Barbara Will Hight. So we are on our twenty minutes. Steve Henry can talk and rebuttal. You might want to hear your citizens now. Yeah. Um and we'll just rebut you know, during rebuttal I can talk and see. So thank you.
Thank you for that.
Thank you. Okay, so is there anybody here from the public that would like to speak?
Mm-hmm.
Welcome. If you just come forward and pr uh give us your name and address, please. Thank you.
Thank you. It's good to be here again. I'm Miriam Butler. I'm from Riverside Village Estates. I live at [address removed] and I'm on the board of the HOA. And I want to commend Mr. Shearer's plan. I think it would be great with the single-family homes that that strip is currently zoned for. We would love to see those improvements.
We have we are aware of some um problems with some of our drainage. We have an engineering report though that says while it cites some of the same areas, it said that they we are not responsible for flooding on Mr. Shear's property. I want to point out too that Alvernon Drive does not flood right in fr at the end there, where he seemed to be indicating that it floods. It floods where the ditches join at patrician and where His ditch and the county ditch. We call it a county
ditch. There's still confusion over who's entirely responsible, but it's not us. It's not on the Riverside Village Estates property that cross ditch there. We have met recently with Sammy Huey and with John Powanda of Swift Mud because at the last meeting in August of the 26th. It was mentioned that it was our responsibility, as well as the county, that those ditches and all were flooding. We've met with them
and they said it's really not. The ditches are overgrown, including the one on Alvern that Mr. Shearer owns. And it's that that while we have some repairs that might need to be made to some structures, they are not impeding the way our spawn system is supposed to function. We Let's see. At this point I would like to submit an email communication from a resident. This was from 2018,
when the resident noticed that the county was outside and seemed to be working in and the culverts on Albernum. He wrote a message to the county asking why what was being done that he felt they they said they were plugging up the culverts. And when he asked about it Am I through already?
We have one more minute. Oh my goodness.
Okay, so the um those don't work now. They are plugged and in this it states what Mr. Shear's plan was and why the work was done for the county.
Right. Move to receive and file. Second.
Motion is second. Further discussion. All in favor? Aye.
Okay, so the plugging of the culvert seemed to have been proposed by him. Our weir at Alvernon, which is on Alvernon and near Oklawaha, that they pointed out at 50%. That that was flowing great during the recent stormy period, you know, with all the heavy rain. I live on that pond and I know that it was working the way it was supposed to. Whether it was all getting to The ditch on Albernon is hard to tell because it's so terribly overgrown. But two of the
other culverts that appear not to be working, they're bone dry. Nothing was flowing under that under the road. And we have that evidence that work was done without our HOA knowing. We want to see responsibility for that drainage system to be preserved. And we hope you will recommend that the zoning application be denied, please. Thank you.
Okay. Does anybody else would like to speak?
Okay.
Good afternoon. My name is Ralph Brooks, and I'm an attorney, and I represent the Riverside Villages Estates, HOA. Inc. Um I'm a certified city, county, and local government board lawyer. Um I was assisted Sarasota County Attorney. Um Bradyton Beach attorney, a town of Yankee town attorney. I'm currently serving as City of Naples attorney with Nancy Stuparich. Um I also was Monroe County's attorney. Um And
I have a few things I wanted to bring to your attention. Um This conceptual plan we've been asking for. Uh we asked for as early as this morning uh before I left left the office.
I'm sorry to interrupt. Can you state your address for the record, please?
Um my work address is Ralph Brooks Attorney, twelve seventeen East Cape Coral Parkway, Cape Coral, Florida, three three nine oh four. We've been asking for this conceptual plan ever since you asked for it. And I asked for a copy of it this morning. It still wasn't there. And uh David Goldstein said, well, the applicant said they were gonna turn it in today. I said, Well, David, that really doesn't make sense because staff doesn't have a chance to review it. Um the stormwater staff that's on the teams meeting um hasn't had a chance to review that. It
was just handed out to you. I never got a copy of it. Our stormwater engineers would like to review it. They couldn't be here today. Um as was mentioned, they're suing us. Um And so we're in court because they've dragged us into court. Uh there's another lawyer handling that case, but we have uh engineers and experts. Um it's our understanding. Um That the county uh may have also worked on some of these culverts. And I don't know the the details of that. Miriam's got an
email and she can answer more questions about that. Um
You're being asked to to rezone this property from single family. There was a nineteen single family residential plan that was submitted I think the applicant was mentioning I've got plans for this or I've got approved plans for that. I believe he's referring to the 19 single-family homes. So we don't object to the nineteen single family homes. Um we need time to review these drainage plans, uh as do you. Um I commend Mr. Girardi. Uh he's a PE and he's able to review these things pretty quickly. He looks
at them every day. Um but even Uh uh a pro licensed professional engineer needs some time to review these.
At least I still have one more minute. Um
Under the legal standard of Snyder versus Brevard County, you can deny a rezoning application if there's a legitimate purpose for keeping the existing zoning. Here there's single family homes to the north and single family homes to the south, albeit with smaller lot lines. But we would prefer to see this area remain single family homes for compatibility for the lifestyles. Um that are enjoyed in Riverside Village Estates H O A.
We don't own that cypress dome or any of the property. Um that's all private property. Um we are willing to uh talk and continue to talk with their engineers or even perhaps mediate the case that's between us to reach some kind of agreed drainage plan, but we need time to do that. Um please um continue this once more again until staff has a chance to review this and you and and us. Thank you.
Thank you.
All right. Anybody else?
Good afternoon. My name is Renee Whitehead. The address is [address removed]. So I live on Alvernon, directly across from this proposed change. I live just to the west of Patrician. and that bus stop right in front of my house, all this drainage right in front of my house, we see the flooding. Right now it's raining. When we came out, all those culverts were full when we came here. So if you guys
want a field trip right now is a good time to go see the flooding. Um where he's talking about the current flooding, I don't see that as the issue. I see it more in front of our homes near patrician. And they those I don't know what they're called, so forgive me, but the big concrete pipes that the water rushes out of in the current ditches. South of Alvernon, those rush really fast and they are full of water all the time. And I don't understand conceptually this new plan. I
would like time to look at it as well. Because if more water is going to be coming out of those ponds and towards his property to these new ditches that he's building, that's going to be more water on that land. How are you going to have all these buildings with more water? And that site plan that was shown with the land and then a road and then the houses, where are those ditches in there? Because you did show trees and I don't see where those ditches could possibly be. Um Uh there was a comment made earlier
that traffic is very light. I can tell you. My ring cameras, my security cameras, constantly going off. There's constant cars, constant traffic. I've told you before, I am literally scared to check my mailbox because people drive so fast, so many cars. If somebody pauses to even say hi to a neighbor, cars. Rush around them because it's just a giant speedway that is full of people. There's so many cars coming out of patrici right now because
that neighborhood is so full. You've seen how condensed it is. And now that dumps out right in front of my house. This is going to dump out right in front of my house. And I didn't get a chance to count how many townhomes there were. It didn't look like 55 townhomes, so I'd like to know the number that's actually going to be built. And then I don't know if this is a concern of anyone's, but it is a personal concern of mine, the wildlife. I've mentioned that before. Nightly, deer, coyote, gopher tortoises, all these animals are crossing
the street of Alverdon and more people, more traffic. Almost all of those trees are getting taken out. Where are our animals gonna go? So thank you for your time.
Thank you.
Anyone else?
If anybody else is gonna speak it probably just is easy for you to just come up front. That way you can get right up.
Yes, sir.
How are we doing, sir? My name is Marcus Coe. I live at [address removed]. Um a couple things that I wanted to be uh bring up at the last meeting that we didn't get to talk about. Um Conceptually in the first time he said the unpenetrable earth was fifty five thousand square foot for all the town homes that he was building.
I don't believe that to be accurate. He said if he built the nineteen nineteen nineteen homes on the property, it would be seventy nine thousand square foot approximately. I'm not a mathematician, but that looks like way more than 55,000 and way more than 79,000 square foot of unpenetrable earth. If you're having the drainage problems that they're all talking about More concrete makes more problems. Years ago somebody came up and they presented the stormwater issue c with engineer
drawings for the neighborhood behind the River State Estates or villas. And it was passed, saying that there's no issue. You're always gonna have contradictory stories, but if you look at the what's in front of you, you have a flooding problem. I think it's great if he wants to rebuild the collar woods, why hasn't his area that's been there been maintained? It's been his property. It hasn't been maintained, it's overgrown. identified by him and by the county. So that hasn't been taken care of. What's the change now? How is it going to be maintained in the future? With
the traffic problem, average household is two cars per house in the state of Florida. That's on, you know, public knowledge of what they estimate. So each one of those townhouses is gonna add two house two cars to the traffic. Is anybody actually I asked if somebody would go out and look at the traffic between four and five or six and eight in the morning. If anybody went out there, you'll see what it is. After four vehicles, if you're on the turn lane in St. Lawrence, you're not getting through that light. The traffic is so so from Alvaron
to Saint Lawrence it is point seven of a mile. up to the Heritage Lake Boulevard it is point nine of a mile. To the Alco exit is one point nine miles from the corner of his property. Where's all that traffic gonna go? It's gonna go between two streets. They're not gonna drive the one point nine miles. They're gonna drive the point seven or the point nine of a mile. The traffic is so bad at the Heritage Lakes that they no longer have a flashing l yellow light because there's been so many accidents. It is now a solid red light, you can only turn on green. If
you can't make it through on St. Lawrence and you're the fifth vehicle, when you had a hundred and ten cars, if he only does fifty-five, he just said he's asking for additional because of doing these drainage improvements. then you're adding more vehicles to the traffic. No one is gonna complain if it stayed the single the single family, not the multi b multiple family. I think everybody would be happy if you pro uh built his nineteen homes that he said was proposed and he had plans for, no one would be here arguing everybody would be a for
it because it maintains the structure of the community and everybody around it. When you start to change it and you're putting two stories, you're adding more impenetrable earth, you're adding more traffic, it changes a neighborhood. That's all I have.
Any questions?
Okay. Thank you.
Okay, I guess there was no one else?
I'm trying to uh get anybody that wants to speak to come up front. So we don't have to just wait for everybody to make the trip.
I'm so sorry, I just I have a problem with my voice so I didn't know if I wanted to speak or not. But we're that's fine. No I was not. Um
I'm uh Tamela Smith one oh one
five microphone down a little bit for you.
Uh Timela Smith, [address removed]. Um so I think that the the biggest thing was what Mr. Shear actually said with how River Chase Unit Two is. Um he said, I don't know why it was built that way. Who let it be built that way? I mean that was a really stinky design, you know, with all of that water running down into his property. Um And I think that that's
something that we should think about before we build all of these homes or, you know, put up more concrete is Where is this water gonna go? And if you looked at the other site plans and how close the ponds already are to those homes. I don't really know what you could do to not have some of those homes flooded. Um you know, if you build something on there. So that's all I would ask is that you know, you think about what this design is
going to do to the future instead of just approving it and saying, oh, we don't you know, it doesn't matter what happens in the future. But You know, I think he said it best when he said, Why were those houses even built like that? It shouldn't have been approved in the first place.
So that's my point. So thank you.
Okay, I I think that's it, Marva. Any anybody else?
Thank you. Um let me start out with Steve Henry if you'd like. He has looked at the intersections of St. Lawrence and Little, Saint Lawrence and Little and Herrige Lakes and Little, so he can uh tell you about it. We're not required to do a traffic analysis. Not required to do a concept plan. We're not required to talk about drainage at rezoning, but we really want to make sure that your questions are answered as we move forward and to answer the questions that have come up from the pub from the citizens out there. So with that, Steve will tell you uh you know what he looked at and what he found.
Thank you. Good afternoon. Steve Henry, Linkson Associates, 5023, West Floral, Tampa, 33607, and I have been sworn. As uh Ms. Woolheit had indicated, we weren't required to do a traffic study or timing and phasing analysis for this project. It generates less than 50 P.M. peak hour trips. Therefore, we're not required to do the analysis. analysis uh but but the the client had asked us to go ahead and do that analysis. In addition, the code only requires that we do timing and phasing for the PM peak
hour. We actually did it for both the AM and P.M. peak hours to look at at that section of of Little Road. So what we looked at was from Heritage Lakes to uh Old 54. Um and in fact, when you look at the timing and phasing in the criteria, we only look at where we're five percent of a roadway at best. In this case, we're actually less than one percent of the capacity of little roads. We have a very small impact. In fact, again. All the criteria we would not be looking at this, but the client had
asked us to look at it. So we we did, we went out and did the counts at all the intersections and we ran arterial analysis at Little Road, which shows it does meet the adopted level of service on Little Road. We also looked at the intersections of both Little Heritage Lakes Boulevard, St. Lawrence, and Old 54. each of those intersections meet the adopted VC and delay criteria for those intersections. And then finally we looked at the intersection of Saint Lawrence and uh Little Road as far as the turn
lanes, whether or not a northbound right turn lane is warranted. And based on the volumes, it is not warranted uh based on the code. In addition, we looked at the southbound left turn lane to make sure that that was long enough to accommodate both the existing traffic projected future traffic and our traffic. And based on that, that turn lane is adequate to be able to accommodate that traffic. So I'm happy to answer any questions you may have.
Steve, did did you guys look at um anything for the exit coming out of Riverside Village or out of at Saint Lawrence and Hunters? Or heritage lakes. Or did you just look at the little road?
Well we looked at at the intersections there. But we d we didn't look at at the individual inside the subdivision.
Yeah, I was just curious. I think the statement was made that only four cars can make it through the light at Saint Lawrence, for example. Well I I don't know is there twenty five cars there or is there five cars there?
Uh I c I can tell you exactly how many cars that are there. Um
during the peak season volume, um e exiting at uh Saint Lawrence uh in the morning, there's about Um adding in my head, but around a hundred and thirty, one hundred and forty for the for the for the hour. Uh and then the PM peak hour there's about It's about a hundred cars. Exit exiting uh St. Lawrence at Little Road. And those are based on actual counts that we we did, and they are factored to peak season. So that that's not a
high volume coming out out of that that streets.
But only if if only four cars in fact make it through the light, it takes you a while to get through the light. Well
you know and absolutely the the reality is the way is as you know the the the way the the county time signals is they're going to give the predominant green time to the
So will there ha will there be delays on the side street? Absolutely. But that that is the way in in every intersection on every arterial roadway, that's the way the the county and D O T times their signals. But but The The delay and the the the V C ratio, volume to capacity ratio, even for the side street, meet the adopted criteria in the code. But yes, or will there be delay? Yes, there will be. Very good.
Thank you.
Okay.
Thank you. I would just add a couple things. One regarding criticism regarding the concept plan. My client has offered to meet with Riverside. Um the information regarding his solutions were sent to I s watched it from the council that represents Mr. Shear go last week to the Homeowners Association. So there's lots of opportunity to to work in the past and work in the future. Not really this commission that needs to mediate, you know, whether people work together or
not. um and you or even try to decide of who was right and who's wrong, who worked together, who didn't. But we'll continue to work And take comment on the concept plan. My client did meet with a neighbor who's not here today and took his ideas on this concept plan. It was actually that neighbor's idea to have the the little frontage road so there wasn't all those drivew individual driveways. So going out going past here, he's gonna continue to take comments on the concept plan. To answer the question, there's forty-four units on that concept plan. It
is a concept plan, um hasn't been engineered. Um 55 is the maximum um that on the in the deed restriction. So We'd hope and as far as like the the zoning goes The staff didn't give their full presentation but MF1 townhomes are v are consistent with single family. There's clear precedent f precedent for MF zoning in the surrounding area. This property was zoned MF one at one time. And
if you look three hundred and fifty feet to the west, eight hundred and fifty forty feet to the north, eleven hundred feet southwest, thirteen hundred and twenty feet south, all MF1 zoning. The land use designation on this property is res nine. Nine units per acre, which would allow I think about ninety dwelling units. That's what the land use plan looks at. We've gone above and beyond to deed restrict the property. With the limiting the the types of units we can have in MF one. Because
apartments are allowed in MF One. And we've limited the ability to have apartments. We've prohibited it actually. Um maximum fifty five units we put in the street trees. Town homes are commonly maintained, common architecture. the difference between setbacks between what what Mr. Shears is proposing and is allowed for single family homes. You can have pools within five feet of a property line in an for single family homes. His pro his closest ho
rear of home is home, town home is gonna be eighty feet or whatever the numbers he gave you. So we're talking about significant difference between an efficient layout when you go to attached product. And then the day this is attached versus detached.
These aren't rentals, these are single family homes for people. It's just attached versus detached. But when you attach 'em, you free up all that green space and you can see visually in that concept plan how the land use pattern of single family homes looks versus the land the pattern of of town homes. And they're a a property association, they're commonly maintained, somebody mows the yard, somebody takes care of the outside, you have a common amenity, so you don't have pools in everybody's backyard. And so all of those things lead to benefit. And and when you speak about
impervious When you attach versus single family, generally speaking there's less impervious. Um we can't increase the pervious, we're not gonna increase the impervious for this project from what he's permitted for. So there's not gonna be this increase or bait and switch that we're all of a sudden gonna make the project have more impervious than than what it would at single family. So I would hope that she would recommend um this rezoning. Your staff has strongly recommended it. I'm I've never seen a presentation with from staff saying
how consistent this is. I think um uh my clients offer to actually do these improvements and to deed restrict the first deed restriction I've ever we usually restrict indeed restrictions the first deed restriction I've ever written where I'm obligating a client to do something and to tie that to the rezoning and the county will be able to enforce that restriction We've also offered to enter into an agreement with the Homeowners Association that mirrors that deed restriction. But even if they never want to work with
us and and and enter into an agreement one-on-one we have the deed restrictions the county can enforce. So If you have any other questions, um my rest of my team is available, but um but thank you for your consideration for these two hearings and going through and listening to to all of this. Thank you.
Okay. You you wrote the uh restrictive covenants. I wrote it with his land use litigation counsel. Okay, all right. Yeah, I just wanted to make sure that Robert
Lincoln.
I just wanted to ask about your paragraph uh two dat 2.4 termination. So if this actually if if he can't accomplish this and can't get the homeowners association to allow this to occur and so forth, the way I'm reading this. Is that the zoning will stay MF one and doesn't revert back to R two. So I think that's that's correct. Okay. Just wanted to make sure that that's we're reading it correctly. And then the other restrictive covenants are gonna be in a separate document. And this will outlive this.
Correct.
Okay. And Swift MUD permits aren't called out in here either. Is there a reason wh why that couldn't be a condition also in here? Because you
can't get those. I'm absolutely happy. I'm we're not executing that deed restriction today. Elizabeth, I'll be happy to work with you and and go over it and make it better. Um like I said the first one I wrote like that. That's so I actually called in Right. Hit my co-counsel, um Robert Lincoln, and uh I'd be happy to to make it better. Thank thank you.
Anyone else have questions? Yeah, I have a couple
for
Mr. Peter.
And uh excuse me. On page one of the declaration of Covet's it states there's three items in there. They restore the swell known as KK. Is that true? They're gonna restore it.
Yes. Okay. To its permitted condition. These were
The second one is to restore the outflow structure and associated pipes. Lane behind Plat Sixty Nine or Lot Sixty Nine. That's correct too.
That's correct. Okay. Platted so that's a plated lot.
The third one is to restore the outflow structure and associated pipes line in plat number thirty-nine.
I just want to call your uh uh attention to the Riverside Village Unit 4 Outflow Structure number three, if they want to put that up there. That's fine. It has it indicates to me that this has not been maintained by the HOA. And therefore, I think what your client has done here on those three items that I just uh elaborated on shows that he wants to do something constructive for that community. I mean this picture here is is if if this was my association or HOA, I would feel embarrassed
because it shows weeds growing. It shows that there's been no no uh attempt
to maintain this one particular pond. So for the association or their HOA to come up here and say, hey look, it's it's uh It's their concern is that uh let's see how I can put this There had been a number of people that spoke out about the water in the community, the the the drainage system. Based on what I see here, it shows that there's been very little if anything done to maintain the water structure or the water flowing within this community. Uh And I had I wrote down basically three people
who mentioned water just today. And I remember from the last time we discussed this issue, we put an overf an overlay showing the f areas that were flooded at the time, because their concern was about water. So I think their concern should be with somebody that maintains some of these areas that uh you have pointed out to us, in particular this one photo here. On the uh Riverside Village Unit four outflow structure. We're just in poor condition. So that's all I what statements I have.
What I like about what the client proposed to you today and we'll work on that deed restriction language is Doesn't doesn't we don't have to necessarily figure out who did what to whom in the past. We're offering a solution to move forward. And so that's really what you know, instead of was whose responsibility and who didn't do something or not. This is the solution to move forward and to make improvements. Um and so uh I command I have not had a client do a presentation like that and um bring forward a solution
and has paid f to study the problem himself and and to bring forward a solution. I think the solution will will resolve the issues and We only need to figure out, you know, who's right and who's wrong. Um we would like for you to support our our rezoning and the project and um Let my client get to work. Thank you.
Barbara, I I commend your client for for the commitment that he has to doing the drainage, but I mean you you hit the nail on the head. It who's gonna maintain it going forward? That's that's kinda my continue I you know, it seems like people are pointing fingers at each other as to who it is if it's county, HOA or whoever. So this problem's gonna
So it's more of a comment than it than a question. I think that's an important statement that. Whoever's responsible for maintaining it what you know at in the constructing condition actually steps up and and does that.
Understood. But I can tell you from my client system there'll be a POA in place. And for my client system that he's gonna construct with his project, it will be maintained. But you're right, that's gonna be a c ongoing issue the county You know, you've got Mr. Huey, you've got John Powanda, you they there's people involved in meeting on this larger issue of what goes on outside of my client's property, but But a strong step forward is to get some of these things fixed and then once they're fixed you can see that they're fixed, right? And so hopefully that'll start making a change.
Yeah, I'm I mean Grace, I I mean I I agree. I can't echo your thoughts more. I mean I I commend you for the efforts that have been put in. I just My concern with this whole thing is is you have A project in an area where You have problems as they are. There's all kinds of flooding problems in that whole neighborhood and there always have been. You shouldn't the owner shouldn't be put on you to fix it, but how can we approve putting more units out there and putting more people in harm's way when that we know and acknowledge that there is a problem already. But
Mr. Gerardi, you know that we you know, because you're an engineer, we can't make the situation worse. I And we're gonna make the situation better. You legally you can't make it worse. So it's really unfair to say because there's these problems, my client's not gonna make it worse. He's demonstrating he can make it better, but say that he can't develop his property.
Well I I I do agree. However, there there's there's a a laundry list of things that are not included in in the deed restrictions that are proposed. that have been represented here that are since it's Euclidean zoning, they're they're non-binding. They don't mean anything. That's I mean that's My I mean th there was mention of a ditch so it was going to get constructed along the south side of the property. That's nowhere in these documents.
If I I am happy to write documents. I'm not a person that gets up here and says something or allows a client to say something and not do it. So if if I need to put more things in a duty restriction, I have no problem doing that. So
You and this is no again no knock on on your client, but I mean you're you're you're proposing fifty-five townhome units, okay? This is a non-binding conceptual plan. They could go out there theoretically after they get the MF1 zoning and they could build 55 driveways. Well fifty five driveways along a ditch that's already clogged. is gonna provide fifty-five more opportunities for it to get clogged after it gets fixed and who's gonna be responsible to maintain it?
I am happy to work on the deed restrictions to make sure that what we're presenting to you isn't a bait and switch. I just
I mean I I just think that those things need to be addressed in here if there's I mean
Those are the concerns I have personally. I mean and that's nothing more than a personal concern.
I think production of the the sweat mud permits, you know, to the extent that they're you mentioned that you already have those for the Correct for the ditch on the on the south side? Is am I correct in stating that or
that's correct.
Okay. At least production of that or inclusion of that and the deed restriction would go a long way at least for that particular issue. Okay.
I am happy to go above and above and beyond here and and we'll continue to do that.
I mean uh personally, Barbara, I mean I I just hate to do it. I mean f for me personally, I just think there's too many things that still have to be worked out. I mean, would you guys accept a continuance?
I Okay. Well I guess you know I w it's very important to me and my client. It's very important to me and my client that that um we answer the questions of Planning Commission. Um But we're getting in down into design of projects and and all those things and and um at some point there's only so much of that you can do. But I can certainly work on um so that we don't have an issue of if we get approved and then we do something different. But we also have that understanding that at some point we have to actually go through construction
plan review. Sure. I understand.
Well why don't you
if you want
to then make a
motion
to
make a motion to continue.
Good date, sir to
the next meeting in New Port Richey?
The next Planning Commission meeting in New Port Richey is on November eighteenth. November eighteenth. At one thirty here in New Port Richey.
Well and could you be clear what you want us to do in between?
I mean I I think a lot of those items just have to be address personally I'd like to see 'em addressed in the deed restrictions 'cause that's the only way I think that you can restrict What's gonna happen on this property? I mean the the ditch on the south side of the property, the some of the layout of the property Um the the concept plan represents I mean I know at the last hearing we had there was a concern about the trees in these people's backyard and being able to look out at what was behind them. They would have less problem if it was single family and a common type of development, but it's not. It's townhome units, clustered units.
Um I personally I don't see how the trees represented on the concept plan are gonna remain if you have to build a thirty-five foot wide ditch in the back of the property.
Because there's ninety you can't just come up and speak. speak. And And I I can't answer
any of these questions?
Barbara, but are you yielding your time?
Of course I'm yielding my time.
All right. So the the ditches that you're talking about that you don't know that if they're gonna be bolted or not, you're not gonna be able to do that. We need your well, I need your
name so we know you're speaking.
What's up?
We had a motion more that that has not been either
What's just
we have we had a motion. It needed to either have a second or it needs to be uh Uh not seconded and turned down before we continue forward with speaking.
Well I think I don't think we got a second. No we've not seen it. We're waiting for h for him to answer this question. Yeah. Go ahead.
Do you go ahead? Okay. Go ahead and answer.
In anyway, the ditches that you were talking about, w are they gonna be built or not? I already have permits to build those ditches. I already have site development permits for that project. I already have uh set in stone the amount of impervious that I can have. I'm not gonna I'm not gonna do I don't wanna modify those permits. I don't wanna modify the ditch. I'm gonna build it the way it's already permitted because it works. Uh the digital on the front, I'm going to reconstruct it the way it's already been permitted because it works. So those things will be happening when
I build the subdivision. and hopefully when I get to repair the Riverside Village system that has broken and continues to flood me. Now who's gonna maintain the ditch in the front and the ditch in the back? will be the homeowners association. for the townhomes. When they get in there, they I will run the Homeowner Association until a certain percentage of people buy their homes and then they take over the Homeowners Association and they'll run it themselves and there'll be some guy that's the president and You know, they'll
have their board of directors and they'll take care of their own maintenance.
Yeah, I mean again my my concern is just if if I'm if I live in that association That's out there now. And I look at the conceptual plan that you provided today. It shows trees in two thirds of the backyard.
Yeah.
Okay. So so in a thirty five foot ditch in there that it doesn't leave you room to put all all those leave all those trees. There's some of those trees are gonna have to come out. I mean I I Uh maybe that fits between the trees in the back of the house. There's
Eighty, ninety feet. feet, less thirty-five, there's plenty of room for more trees. And there are new trees, old trees.
I asked the architect to put the site plan together. I said, Show the the houses, show the neighborhood that's surrounding it. I didn't ask her to draw a ditch on the back of it. That's my bad. But it's just thirty five feet.
That's why I mean honestly that's why my motion was to continue so you can incorporate some of those things for the next meeting. It hasn't been seconded yet. It might not be seconded.
Okay, so we have a motion. Do we have a second?
Yeah, I I will
second it.
Okay. Any further discussion on the motion?
Yeah, I I'm just going to address the issue of a continuance. I think this is the second time the second bite at the apple. I think the uh
The attorney has done her job or his job. I think the uh property owner has done his due diligence and he's just waiting to move this forward so they can can develop the site plans and move forward with it. And that's why I I I t I will vote no against the continuance. Yeah, and I
I will as well. I I applaud you for the efforts. I mean Uh my time here has been very limited on the uh commission, but the water issues are uh frequent in many and it's refreshing to have someone come in and attempt to Resurrect or create correct something that should have been corrected a long time ago. So I I applaud you for uh for the effort that you've put into this.
All right.
Can we do a roll call?
Sure. Okay, so all in favor of the motion signified by saying aye, roll call.
Do you mean you're already? John Anderson?
No.
Peter Hansel?
No.
Christopher Poole?
Yes.
No.
Yeah.
Start to three.
Richard vote. What'd you like to do? Richard
Yeys and four nays.
Okay, so the motion was denied failed. Okay
I'll make a motion to move forward with the project. As uh stated. And our
P P C P six.
All right. So we have a motion to uh approve. In accordance with the submission recommendation by the staff. Who have a second? I will second it. We have a motion and a second.
May I have a clarification on the motion before you call for vote? Is the clarification to also add um a Swift MUD permit on the the um deed the r restrictive covenants on the deed restriction?
That was part of some of the conversation before, so I just wanted to make sure if that wasn't added to that.
So I I'm I'm I just don't know which way to go. I I my my assumption is that Swift Mutt will be clear. So you don't want
it you'd want to include SWIMA.
I would th therefore I would say yes, Swiftma needs to provide some input on this project.
And I'll work with Elizabeth to write it up. That's that's what my understanding was was that the extra stuff to clarify what's being proposed is gonna be added as much detail as possible that we can, and maybe some attachments, you know, to this subjective covenant. Yeah.
And for clarification, there's two sets of deed restrictions, right?
That's great.
Okay. So we have a motion, we have a second, any further discussion of the motion? But the question when
when is the schedule to go in front of BCC?
December seventh.
Okay. So they're sufficient time to Okay.
Okay. Um all in favor? Signify by saying aye, roll call.
Jamie Gerardi? Johnny Anderson?
All right.
Peter Mantel?
Hi.
I
like
that.
Richard? Aye.
Why?
Thank you very much for your time.
Okay.