[23:55] All right. Good morning, ladies and gentlemen, and welcome to our

[23:58] public hearing to discuss the proposed land development code amendments.

[24:02] if you'd please stand with me for the pledge of allegiance. I pledge allegiance to the flag

[24:08] of the united states of america and to the republic for which it stands one ation.

[24:14] under god, indivisible with liberty and justice for all. Right, madam clerk.

[24:21] good morning. If you call the roll. Chairman alec here, vice

[24:25] chairman mcclain here. Commissioner curry. Commissioner bryant here.

[24:28] commissioner stone. All right. And proofs of publication.

[24:31] I have six proofs of publication. I approve publication of legal

[24:34] aid entitled notice of public hearing by the board of the county commissioners of marion

[24:37] county, florida to consider a land development code amendment related article four zoning

[24:41] division three special requirements section 4.3.6 manufactured home park trailer

[24:47] and recreation vehicle regulations I have proof of publication of notice of public

[24:51] hearing by the board of county commissioners of marion county, florida to consider a land

[24:55] development code amendment related to the article four zoning division three special

[24:59] requirements section 4.3.1 to roadside vendors I pray for publication of legal aid

[25:04] entitled notice of public hearing by the board of county commissioners of marion county

[25:06] ,florida to consider a land development code amendment related to article four zoning

[25:10] division three special requirements section 4.3.30 smoke shops I approve

[25:14] publication of legal aid entitled notice of public hearing by the board of county

[25:18] commissioners of marion county, florida to consider a land development code amendment

[25:21] related to article one administration division two definitions I approve for

[25:26] publication of legal aid and title notice of public hearing to by the board of county

[25:30] commissioners of marion county ,florida to consider a land development code amendment

[25:33] related to article six technical standards and requirements division seven

[25:36] tree protection and replacement and I approve a publication of legal ad entitled notice of

[25:41] public hearing by the board of county commissioners of marion county, florida to consider a

[25:44] land development code amendment related to article six technical standards and

[25:48] requirements division eight landscaping all published on the publicly accessible website

[25:51] marion flora legal notices on august 10th 2026. All right.

[25:58] >> thank you, madam clerk. All right. Good morning muneer, kick us

[26:03] off. I will turn it over. Commissioner to the, you know,

[26:09] services staff to present uh, the changes. Good morning, kathleen burke

[26:14] nolan growth services this is going to. Be um, the first item on the

[26:19] agenda. This is section 4.3.6 manufactured home park trailer

[26:24] and recreation vehicle regulations. Um, the changes that are being

[26:30] proposed are under the subsection for a temporary use. Um number three the for

[26:37] agriculturally um zoned properties there where there is a 60 day period in any 365 day

[26:45] period, um, where someone could get a temporary use permit to have their rv m or travel

[26:52] trailer on heir own property. Um, where this came about was um from a citizen who um wrote

[26:59] in suggesting a change um, they noted that some of the um equestrian related circuits

[27:06] that happen locally um, happen for periods going past the 60 days some of them being 90

[27:12] days. I know there's a winter circuit um, that's for a three month

[27:16] period. So they suggested a change um, which we're proposing which

[27:19] would be 90 days in a 365 day period with the option for a 30 day extension by growth

[27:27] services director approval. Um, which was not something that we had previously but it

[27:31] would give the opportunity um should there be a situation where an extension um ould be

[27:36] appropriate it would give the director the opportunity to do that.

[27:40] um, the other change in that subsection three was uh, a change from a limit of five

[27:47] travel trailers to four um, five or more by department of health is considered an v

[27:53] park. So at the five that would be where we would be looking for a

[27:58] special event permit. Um, those have some more rules regulations, more things that

[28:04] need to be provided um to growth services and those are only for a seven day period.

[28:08] um, so there is a restriction on the special event. Permits should they be wanting

[28:13] more than four travel trailers at one time to be on the property?

[28:17] and then lastly um the subsection b parking of recreation vehicles this was a

[28:24] change that um while we were going through this ldr c um suggested that the rv and

[28:30] travel trailers may be permitted to be parked beside or behind the residence um,

[28:35] which is similar to what we see with accessory structures um unless stored in the driveway.

[28:40] if they are stored in the driveway they can't be um blocking the right of way or

[28:45] sidewalks anything like that. And if they are parked beside or behind the property they

[28:50] need to be at least the ten feet away from the property line.

[28:53] um so those are the proposed changes. Um, we're looking for any

[28:58] feedback you may have on those. Measures.

[29:02] >> uh. Mister chair. Um I've had some calls.

[29:07] from people who have children who come to the community to compete during the season and

[29:15] so extending that timeline, um ,for them to keep their families um rv on their

[29:24] property and then giving them that one month extension um um very much in support of.

[29:33] and it brings it down to four right. From 5 to.

[29:39] >> for health department reasons, correct?

[29:41] >> yes. There.

[29:42] >> yeah. Just a comment. Um, something that seems a

[29:46] little off just so you go from . Four you're.

[29:51] allowed to have. 90 days to do. Something plus an optional 30.

[29:54] day extension but the minute you add one more you're allowed a.

[29:59] maximum of. >> seven days with a special

[30:01] event permit, correct? Yes.

[30:03] >> and so what is the department of health I mean. Y'all see what I'm saying?-

[30:09] >> you go. >> from.

[30:10] 4 to 5 and all of a sudden you're going down from possibility of 120.

[30:14] days to seven. It's a.

[30:16] >> state statute of some sort though I think. But I'll let them explain it.

[30:22] they have to provide public bathhouses if you go to that five.

[30:27] yes, sir. Can we work across services. At the fifth rv that does.

[30:32] trigger an rv park to the department of health and that's where they require an on site

[30:35] like physical bathhouse would uh, restrooms and ll that other stuff and laundry.

[30:40] um, so we did not want to have any issues with folks who are just trying to have family out

[30:46] there for a little bit of time. Um have been told that now they got to provide a full on

[30:52] bathhouse but they're not an rv park. Right.

[30:54] so that's the intention is this is very temporary. You come in, you do what you're

[30:59] supposed to do for up to 90 days and then you go go back to wherever you come from.

[31:07] okay? >> thanks.

[31:13] commissioners. Any other questions or comments on the section?

[31:20] and we do signed up for public. Is there anyone in the audience I want to talk about this

[31:25] section on the rv park or rv element okay back to the board I mean we move this section I

[31:34] think. >> this is just.

[31:35] for this part of the other one. Yeah.

[31:38] >> so this. >> is the first of the two eek

[31:41] hearings. Um the next one um if you choose you would be confirming

[31:45] to the second public hearing the change september 14th. We just need a motion to move

[31:50] it to the next well we can do. Consensus o move this to the next.

[31:55] yes. Um.

[31:56] >> public hearing without any changes. Yes.

[31:59] there you go. Which is september.

[32:02] >> 14th t 5:30 p.m.. Okay.

[32:04] >> bring it. All right. Thank you.

[32:32] sir. >> you did.

[32:33] I'll let the. Vice chair do that. Okay okay.

[32:36] we're getting ready. Cancer can wear off. Deputy director, growth

[32:39] services uh, this is item two. This is section 4.3.12 temporary roadside vendors.

[32:46] only previously was or currently in the code it is labeled roadside vendors.

[32:52] uh we've added the temporary to it so we're looking at this includes roadside food vendors

[33:00] uh food trucks um it includes. Uh fireworks things I think are separate but it includes.

[33:07] um like your produce stands on the side of the road and stuff like that.

[33:12] so fruits, vegetables produce peanuts, uh, christmas trees, firewood and then your, um,

[33:21] florida department of business and professional regulation division of hotels and

[33:25] restaurants approved, um, food carts. Um.

[33:31] so he language provided today is we're looking at trying to clarify what the language

[33:39] trying to provide better clarity of the language that's in the um code oday while.

[33:43] um being it. We think it's less restrictive .

[33:46] it's currently today if you have more than two workers on the site you have to have you

[33:52] have to provide restrooms and stuff like that here where um specifying that.

[33:58] uh per parcel. To two roadside vendors or two food trucks can be on a parcel

[34:03] with property um, ownership permission and. Um.

[34:09] >> you know, they can't be in a right away so can't be in the easements and that they are

[34:14] intended to be temporary so that services such as electric water sewer are not permitted

[34:19] and that's existing code today . And if they're going to be in

[34:26] permanent structures. Uh.

[34:29] >> you know ermanent structures are not are not prohibited or are prohibited.

[34:33] so I'm sorry which is urrent code today is just worded a little bit different where we

[34:38] say shall be prohibited and now we say are prohibited. Um if it's a roadside vendor

[34:43] for like a or um a protest and they have to get permits or that if it's um adjacent to a

[34:51] farm. Um and we do look for them to have a driveway permit coming

[35:01] off of the right of way, especially on county roads. We wanted to clarify that here

[35:05] in uh. One uh, because oftentimes we're seeing where these

[35:10] roadside vendors are just pulling off the road and sometimes their vehicles are a

[35:14] little bit heavier and over time that is uh tearing up or messing up the apron of the

[35:19] road. So wanting to clarify that a driveway permit needs to be

[35:25] obtained, um, and that they have to have adequate parking, a stabilized area for ada

[35:32] access and then. If there are more than two employees site on the site we

[35:42] just wanted to clarify temporary restroom facilities which are before for just a

[35:46] restroom facilities which could have been interpreted either needing to be a brick and

[35:51] mortar type facility. But this does say that you can have temporary facilities.

[35:57] um clarifying that. Mr. Chair, can we go.

[36:01] >> back to that section again? Yes ma'am. So I.

[36:04] >> just have a question on-site. Temporary facilities are to be

[36:07] provided when more than two employees are present. So that does not include an

[36:13] owner. It would.

[36:15] >> just be the owners employee . Or anybody working in the in

[36:19] the roadside vendor. So if somebody was there all day working and as an owner to

[36:23] collect supervising I don't I don't know. I mean I think that you're you

[36:27] could be in a great you could be in an area there. We can add owners to.

[36:32] people you know to. Yeah you need to do persons instead of you're ever going to

[36:38] try to do that because lots of you know so we also have these small businesses the owner is

[36:45] that. We would go back to more than two persons language which is

[36:49] what's currently in the code today. And would that include

[36:52] customers. No okay so. We may need to clarify that

[36:55] you. >> need.

[36:56] to clarify that. Yeah.

[37:00] >> because everything is you know up for how someone interprets it.

[37:13] and we'll wordsmith that after we get out of here. Oh I also have a question bout

[37:17] the parking. So what how do we what what's the process for determining

[37:23] adequate parking? There currently today when so code enforcement if they were

[37:30] to come out to he place where a roadside vendor is it would be just doing a spot check you

[37:37] know, does t look stabilized so that there's at least somewhere safe for um, somebody

[37:42] with disabilities to park so that they could park, get out and go to the stand and get

[37:48] back to their vehicle safely. We don't have a whole lot of. Um.

[37:53] >> regulation here as far as what that what the standards are is just just as adequate

[38:01] and it's more of a um. A call on the site, you know, so if it if it looks dangerous

[38:08] and you ask them can you fix this if it's if it looks okay then they just leave it alone.

[38:17] where's robin at here. Yes. Get you an answer?

[38:27] I think this is I don't know this is more about judging the parking as much as it is like

[38:32] hey, if you're obviously in the right of way. So robin, can you help us?

[38:37] so just as you look at these. Yes, sir. Code enforcement manager robin.

[38:42] hough for. Um, growth services code enforcement manager.

[38:46] um. >> what we're looking for is

[38:49] that there's adequate amount of parking on the private property so that the people that are, uh

[38:54] ,patronizing these locations are not just driving off the side of the road and parking

[39:00] along the edge of the page or the roadside. So why can't.

[39:03] >> we just put. Why can't we just put. That into.

[39:05] the the. Language that parking. Parking must be contained.

[39:08] >> on site because adequate that. Just it's I don't know.

[39:12] as a as a vendor how you're supposed to try to comply with something that's so subjective.

[39:16] I mean just say that parking shall be contained on site. I mean we could put in there if

[39:22] you want to commissioner, just to make it have a little bit of you know yeah you have to have

[39:27] at least two spots that are on private property. You're causing an issue where

[39:32] traffic is backing up then you need to manage that or something like that something.

[39:36] uh yeah I mean. Yeah or. Just parking contained on site

[39:40] I don't know this so designate spots.

[39:42] >> because. There's not I mean they just. Try to draw lines and stuff

[39:45] like that and ou don't want to get into all that and you just you just parking needs to be

[39:49] contained on site if the if the goal is to keep them off. Of the.

[39:51] right of way off of the road parking just needs to be we stay on site we.

[39:55] >> can. Clarify that because you know different trucks different

[39:59] amount of customers we saw um you know remember remember big lease when they were a food

[40:04] truck. >> out there.

[40:05] you didn't get there arly. They sell out and there might be 30 people there.

[40:08] so well and then some of the food trucks you know they have to they end up having to

[40:13] go into some of these bigger parking lots because you may have a big crowd.

[40:16] yeah I was I went to lowe's to go pick up something and there was a egg one was there and I

[40:22] was like man that'd be great to get one. And then you see the line and

[40:26] the whole half of the parking lot is, you know, taken up by the egg roll truck.

[40:30] so yeah. Okay. Okay.

[40:34] yeah. >> those aren't very.

[40:36] healthy. >> I know I'm just saying there

[40:38] was a long line I saved myself probably lost a pound right there by not going.

[40:46] no hating the egg roll people. No no no no we've.

[40:50] >> all been trying to be a little healthier. And trying.

[40:54] the next uh. Clarify we're trying to clarify that overnight food.

[40:59] vegetables. >> produce and storage is not

[41:01] permitted. Everything has to be inside of the vehicle.

[41:03] um, they can't leave stuff outside. Um, arch advertising signs,

[41:08] trash tables, chairs and other necessities shall be removed when the temporary roadside

[41:13] vendor ceases business. Where do they and the maximum number of signs shall not

[41:18] exceed for signs per endor. Is that is that include for uh for a stand like a sign about

[41:26] stand there we just talked about the truck both. Oh yes.

[41:29] so when you're when you're I guess when you're driving down the road you see like the

[41:33] different fruits and vegetables they would need to limit that to four per vehicle per per

[41:39] stand. What does that mean I'm sorry. Um so I don't know if you're

[41:44] when you're driving and you start seeing like mangos and peaches and tomatoes they would

[41:50] need to consolidate there was a little bit and limit there were still just for signs for that

[41:55] one stand. Sure.

[41:56] >> yeah I understand f it's a temporary but we also have some ag pieces where they have

[42:00] basically almost permanent. Like um um fixtures you know what I mean?

[42:06] like the stand part is there and and you have lots of people popping up these um, you know,

[42:13] lttle wooden reas where people can come and buy, you know, something, ight?

[42:18] so does that have to be movable? If so.

[42:25] so that's what I'm trying to figure out because people you know, they're working the

[42:28] weekend they're probably going to leave that farm stand. They might take all the produce

[42:31] away but they're probably still going to have the farm stand. I believe the ones.

[42:34] >> that are there maybe for the weekend or for the week I don't know.

[42:37] we can look into that and give you a better understanding of the peanut.

[42:40] thing at sollers has been there for I don't know how long it's been long and longer than me so

[42:47] um right and so what do we do with that particular peanut stand that's pretty much there

[42:53] but it operates significantly during gator football season right.

[42:57] and so you just have those kind of elements there aybe that should have a special use

[43:03] permit if it's going to be there all year long right. Or if it's a permanent thing it

[43:07] probably should have a special use permit of ome. Sort and but we'll.

[43:11] we'll work through those pieces I guess I'll. Bring you that information back

[43:14] at the next meeting okay. >> thank you can appreciate

[43:16] that as long. >> as your commissioner on.

[43:17] it talks about the farm stance okay. What side stands you want to

[43:24] help you. Ammonia it. Reference uh state statute

[43:27] right. So I think the stands are allowed to remain.

[43:32] yes perfect. So we're good to go then right.

[43:35] >> and I believe that's looking at it's on the premise where the food on the premise.

[43:38] yeah so. There's a little bit different rules there and they get some

[43:41] different signage rules based on our sign code as well and within the statutes and we

[43:46] can bring back some specifics about that okay. To clarify.

[43:49] >> that. But if if it's another farm stand that's selling both maybe

[43:52] what's produced there and a couple other things then it might fall into a different

[43:57] category or no. Maybe but probably not because if it's on if it's on the farm

[44:02] that it's some of the stuff's produced. Okay it would be okay.

[44:06] it would fall under that um statute all. Right to farm.

[44:10] yeah and that's fine. I want to make sure I just don't want to cause some other

[44:13] kind of unintended consequence . Yes.

[44:17] one thing to clarify in the stuff that was published it did say tables and chairs were

[44:24] prohibited. That was a mistake. Um, we had a lot of

[44:28] conversation through elders. So you're trying to work that out?

[44:31] what what is everybody comfortable with? And we agreed that tables and

[44:34] chairs should be limited to two tables with chairs because at one point we had a question

[44:40] well what if somebody brought out a table that fit 40 people and that as you know, you get

[44:45] into those discussions and it's it is if we have those issues we'll deal with it then okay.

[44:50] it was basically what we came up with. Okay okay.

[44:53] >> um and then section g is talking about if there's more than two temporary roadside

[45:02] vendors or vendors on site they do need a special use permit because that would be a food

[45:08] truck park and that's where we're looking at. While the statutes say we have

[45:12] to treat roadside vendors and food trucks or food trucks like restaurants, we're not asking

[45:18] them to go do um, site plans and traffic studies for everything.

[45:22] however, we have seen a couple of food truck parks that come in and um, one try to you know

[45:28] what came in and they were at a place where they had to do a uh a full traffic study with 15

[45:33] trucks or more. Um, but this clarifies the path that if you want more than two

[45:38] trucks and ou're going to be somewhat permanent there, here's the process that we're

[45:42] looking for you to follow. And here are some of the um, minimum standards that we're

[45:47] looking to address within that special use permit. And then you will do a site

[45:50] plan and provide paid parking or get waivers if that's a potential um, but you're going

[45:58] to ave permanent restrooms and all that ther stuff and if you're within connection

[46:01] distance to water sewer you will have water sewer on the site for your um for your

[46:05] vendors. Tose are the um proposed changes to the section.

[46:11] did we? I'm looking through this right now.

[46:17] did we clarify I mean are they supposed to be in and out each allowed to.they.-

[46:23] keep it there in. If they're going. To or.

[46:27] if they're going through the special use permit they would address that during the

[46:32] application. I'm talking about the ones that fall underneath.

[46:35] the the. Minimum like when there's two food trucks.

[46:40] yeah we're just asking that they pack up all their stuff at night because if they have

[46:45] permission to park there on that site, we're not making them leave the site every day

[46:50] as long as or temporary but they can leave that.

[46:52] >> it's not temporary if. If it's staying there all the time.

[46:56] and we can put that in there I think.

[46:59] >> I think. We least need to put it in there that it needs to stay or

[47:02] have. I think the one problem that we're seeing is that it needs.

[47:05] to be able to be moved out. Serviceable like it has to be serviceable if somebody comes

[47:09] up and says hey, we haven't seen you moving, you know all the tires are flat and it's on

[47:15] blocks now or you know what I mean? You can't right?

[47:17] it can't go to some other kind of permanent structure uh because.

[47:20] >> they. Don't know how to evaluate yours.

[47:24] it we probably need to talk about that rocess because having them leave every single

[47:30] day is maybe something but maybe we do need some kind of I don't really know.

[47:37] okay. Um maybe if it's.

[47:40] >> you talking about move the. If it's permanently basically parked there right.

[47:44] so I mean the whole premise of a food truck is for it to be able to ove around right?

[47:48] and it's supposed to be mobile. It's you know, but we do have some of them that are staying

[47:53] in fixed locations and then we have the problem in some locations where they they just

[47:57] ended up building they get. Security and stuff.

[48:00] >> I don't know that one spot down in marion oaks had right? I don't even know how many food

[48:04] trucks permanently partner in other things. And so it becomes a problem

[48:08] because then they can't run water and sewer, they can't put in the bathrooms, they can't do

[48:12] all these things and they're actually drawing lots of customers and you know now now

[48:17] it's. >> a fixed location.

[48:19] it's a fixed location and a fixed location needs to be like a restaurant.

[48:22] and so that we've got to figure out that. Okay.

[48:25] >> to allow the entrepreneur to be able to do their business but it needs to be what it was

[48:30] purpose to be in a food truck and to be able to be mobile and then that's fine and once it

[48:34] becomes a fixed location well then they become under the code of all the other state

[48:38] regulations that a restaurant would have to have. And so we're trying to parse

[48:41] that line and figure out your point like how do we put in the right things for the good

[48:47] actors that want to do the good business and want to, you know ,aren't causing the issues

[48:51] right so. We can work but we also have to be able to weed out the bad

[48:56] actors that are causing issues and bad recommendations for the rest of the community.

[48:59] and so that's and that's what we're trying to figure out. But we'll we'll bring you back

[49:05] some language. U, I'll work with our code enforcement to make sure it's

[49:09] something that I think we need. To have.

[49:10] >> something that's enforceable for robin and her team. Yes, that is common sense

[49:14] policy, right? That that that makes sense that and any normal business

[49:20] operator would be okay with that. We're not restricting them but

[49:22] we're also not impacting right away. He's not putting people in

[49:27] dangerous positions not having you know, groups of people in places with no restrooms.

[49:32] yeah. All of those kind of issues that we run into.

[49:36] the other um thing that I was looking for in here commissioners.

[49:39] was I mean I have had some complaints of some locations where they're playing loud

[49:46] music and. Well that should be an easy noise ordinance.

[49:48] well I understand but if we address it within this section of our land development code

[49:55] and we don't allow it, then it's not a problem. It's a food truck.

[50:00] you're supposed to be walking up getting your food and leaving.

[50:02] yeah. >> I gotcha.

[50:07] it shouldn't be a hangout spot. Where we have said tables and chairs well are not permitted.

[50:19] to. You now have to change that. But still.

[50:22] and I mean having a ittle bit of music is fine I don't have a problem with that I mean but

[50:26] but I don't it doesn't need to be blaring. Where it is though.

[50:29] okay you know what I mean. It could be next to it in some of these locations to a

[50:35] residential spot. Yeah. In you know in some of our more

[50:39] agricultural locations. Well why isn't that just enforceable by our right?

[50:43] how do we have no amplified sound equipment allowed? But that would be part of our

[50:49] noise ordinance lready. I understand, but why should somebody have to call code

[50:54] enforcement and have code enforcement come out and deal with this?

[51:00] we can just put it in the code and then have to argue with the person who is there saying oh

[51:06] I'm not playing loud music if it's already in the code code enforcement gets called out

[51:11] they can say no, it's in the code. Okay we can do it.

[51:16] as well okay with. That I. It's a way so that is way not

[51:20] having it in the code and having code enforcement have to go out and pull out the decibel

[51:24] meter and all that stuff is a waste of staff's time if they can just go out there and say

[51:29] I'm sorry but you're not allowed to have amplified sound equipment.

[51:35] what? >> okay.

[51:36] >> I don't know what I don't know what. What does that mean to find

[51:38] amplified right. So an I have a bluetooth speaker?

[51:40] all those can be quite loud as well. And hat's my point is I like

[51:45] that's fine I'm just trying to figure out like amplified do you mean why.

[51:49] >> don't we let staff work on that and bring us something back?

[51:51] okay. Robin, are you seeing that as a problem?

[51:54] robin come on. Can you come here for a second, please?

[51:57] robin. Can I bother you again? Uh, think.

[52:05] that's why I'm here. Yeah.

[52:06] >> robin, what are you running into in this regard. So we don't get a lot of

[52:12] complaints about music being played t, a single food truck location.

[52:18] but we. Have had. Complaints few and far between

[52:22] . And what we do is we do apply the plainly audible noise

[52:27] ordinance. So it's plainly audible. You don't get to bring the

[52:29] stuff ut there. If we if we can hear the music off the property that they're

[52:33] on then they could very possibly be in violation of the plainly audible sections.

[52:38] okay so. To address the amplified so anything coming through a

[52:42] speaker or live instrument is um covered under our plainly audible.

[52:49] noise ordinance okay yeah so so I mean just like if you're in an rv and some of them have

[52:55] built in, you know, speakers I've seen food trucks with built in a little bit of built

[53:00] in audio. Is that going to be considered amplified?

[53:02] yes. >> hey would need to.

[53:04] be ike a car tereo right? Correct. It would need to e turned

[53:08] down. .

[53:10] >> you need to hear it off site. So you can't hear it outside.

[53:12] well that's fine I mean I'm okay with that I just I don't want to if somebody does have a

[53:16] little coffee truck and they have people staying there for a few minutes talking I you know

[53:20] and they have a little bit of jazz music playing in the background.

[53:23] all anybody's complaining about that but they are. Complaining one of those that

[53:26] huh so can you tell me where there's one.

[53:28] >> right by gator joe's on like we are. Yeah lady in the and she's

[53:33] she's got one yeah there you go. And we can exempt the ice.

[53:37] cream truck. >> oh no.

[53:38] yeah we we'll be okay. >> with the ice cream truck

[53:41] because they play music all the time. That's how we know they're

[53:43] coming. Yeah. All right.

[53:47] good. >> we're covering.

[53:48] >> on that. I think they're playing unless we get a bunch of complaints.

[53:51] I think we're okay with plainly audible. Okay.

[53:54] gotcha. >> uh.

[54:02] >> you. >> uh those are all the

[54:07] proposed changes for the section okay. Or any other questions?

[54:11] any other questions? Commissioners for staff? If not, I got some folks signed

[54:15] up. Uh, don landry uh, and then butch torched.

[54:20] uh, you can both come to the podiums uh, right here and right here.

[54:25] you get two minutes to speak if you please give your name and address for the record for the

[54:29] clerk of the court, please. Good morning, john. Landry 11930 southeast 123rd at

[54:35] arthur aw. Thank you sir. So I'm.

[54:39] >> with sprinkles ice cream. And we have a powerful.

[54:43] >> put in there. Uh it's been there for.

[54:45] >> over nine. Years and now all f a sudden we can't have a power pole.

[54:49] or they're not wanting to. Power pole.

[54:51] >> they're I don't understand. Why not? Sir?

[54:57] >> it's because it's supposed to be temporary. Probably power pole makes it

[55:00] permanent, but, uh, I'll ask staff once we're done with this and I don't know what the issue

[55:04] is exactly. Uh, I don't know either. Uh, they don't want no more

[55:08] power pole there. Um.

[55:09] >> we made a few runs off the power pole, but there should be no reason.

[55:13] duke energy. Put the power pole there. Marion county, uh, allowed the

[55:18] power pole would be there. >> I'm not even sure how you

[55:20] got a power pole and I'm in a blank spot on I. Purchased a trailer, came with

[55:23] the pole. >> uh, okay.

[55:24] um, but I do ice cream so without the power there and shutting down, unplugging and

[55:30] moving every day, it's going to be a little difficult, right? I don't know.

[55:34] oh, you. Stay there pretty consistently but you do move for events uh,

[55:38] about how it works. Well, the we're there all the time.

[55:40] w don't we don't do events. Okay okay. Yeah.

[55:44] so you probably we probably just need to have a pecial use permit if you need power and

[55:48] and you're in a permanent you're in a semi-permanent location.

[55:52] yeah probably we just need a special use permit for that particular entity because it's

[55:55] different than probably the classification we're trying to address in food trucks right.

[55:59] so we need to figure that out okay. That's it for.

[56:02] me that's good feedback thank you sir thank you. Um margaret is up next over

[56:09] here yes sir. I don't know do you.

[56:13] >> have a name and address for the record? Uh.

[56:14] but to say. Um 17320 northeast 37 court citra.

[56:21] thank you sir. Um.

[56:23] >> I'll shorten this down. Um, if my food truck leaves the property every night, is it

[56:30] still considered temporary if I return regularly? Yes, I believe every night.

[56:33] but I come back to the same spot every day. Yes, sir.

[56:36] okay. >> that's my understanding I

[56:40] will I will get corrected. Staff will correct me if I'm wrong but I believe that's

[56:43] correct. Yeah, because I was trying to figure out at what point does a

[56:46] rear crank food truck location become not perating on a temporary basis?

[56:48] yes, sir. >> as long as you can move,

[56:51] it's temporary. Okay.

[56:53] > um, and how does this affect food trucks hat are operating at established businesses?

[56:57] um. >> as far as the like how many

[57:01] foods how many customer parking spots are required and ada spots are required if we're

[57:06] operating at an already established business. Um yes sir.

[57:09] so as we talked about earlier, I think robin is just looking to make sure that t's adequate

[57:14] parking and that it is accessible um and meaning that we're not parking vehicles in

[57:19] the right of way in those things. So if you're at an established

[57:22] business it's probably even easier because it's got a parking lot and people can pull

[57:25] into those spots so that shouldn't be an issue. Um, but we can.

[57:30] >> I can get. Some staff feedback if there are issues.

[57:33] okay. >> um and he mentioned earlier

[57:35] about the overnight storage that it has to go inside. So if my trailer is parked

[57:40] overnight I do obviously barbecue and tacos. Yes sir.

[57:44] so I have refrigeration and a freezer in my trailer. If my trailer is going to be

[57:49] parked there overnight I can leave my food inside that refrigerator freezer inside my

[57:52] trailer. I believe so. Okay well I said.

[57:56] >> it's contained. It's contained. Okay because it said it can't

[57:59] be on site overnight so I just want to make sure. It's not permitted.

[58:02] oh it does say it's not for me all right so we'll we'll talk with staff about that.

[58:06] so basically leaving. You want to leave food in your refrigerator on your trailer

[58:13] overnight. That could be an issue okay. We need to address that and

[58:17] look at it sir okay. Um and it said about the signs I'm assuming that it's just

[58:22] signs that aren't attached to the trailer because ike my menu board is attached to my

[58:26] trailer. Does that count against my six square feet?

[58:28] that's a great question. Let's have that answered. Okay.

[58:32] >> um and if a special use permit or a minor a major site plan is required who has to

[58:39] obtain it? Is it the third truck? You're talking about of more

[58:45] than the two trucks parked there? Yeah it says it you know and.

[58:49] so the the um the. At the end of the day. Uh quite onestly the unless

[58:54] the food trucks are the property owner the property owner has to do it.

[58:58] so if if the property owner makes the decision to allow more than two trucks then they

[59:04] are obligating themselves as the property owner with in all honesty I don't know that

[59:09] the county cares. Who they leased to and how ll that works.

[59:13] we care to make sure that the infrastructure that's our that's what we have to make

[59:18] sure is done right. So it would be the onus of the property owner.

[59:21] okay so therefore the special use permit stays with the property owner not the

[59:25] individual food truck. That's correct yeah no special use permit would be to the food

[59:28] truck unless it was the entity that owned the property okay. And how do we verify before

[59:34] setting up whether or not a special use permit? It's been a call to our growth

[59:38] services department okay. Or an email and we an verify any special use permit.

[59:43] okay so now I just need to make sure I get his contact. Absolutely yes.

[59:46] our team would be more than happy to help you. All right.

[59:50] if you're looking for if you're you know if you're looking for a piece of property.

[59:53] yes. Well and I also think that it would be something if that they

[59:56] need that would need to be a conversation they would need to have with the property owner

[1:00:00] as well. Yeah because they don't know what a property owners thinking

[1:00:03] and a property owner might say sure you're good and then ll of a sudden he's got three

[1:00:07] trucks in there. >> and they might not know and.

[1:00:09] he's getting t code enforcements coming right and saying hey you're not in

[1:00:14] compliance. So and they're in you you lie on the property because the

[1:00:19] property. >> owner had to figure out

[1:00:21] which one they don't want any longer. Well you might have a property

[1:00:23] owner in new york and then you got three businesses renting that property from said

[1:00:26] property owner. It's not even in the state of florida.

[1:00:29] yeah and we will notice that property owner because we can't all right are as far s our

[1:00:35] process goes it has to o to the property owner. It can't go to the food trucks

[1:00:39] now we can cite you for other things operationally but we can't cite you.

[1:00:42] for um. The property piece I don't think.

[1:00:46] I know we'll find out though. Yeah.

[1:00:48] >> the only other thing I wanted clarification on um, is the tables and chairs.

[1:00:52] I understand that miss bryant feels like people shouldn't be allowed to enjoy hanging out at

[1:00:57] a food trailer. Not but what I. Said occasionally.

[1:01:00] um. >> occasionally actually your

[1:01:02] words were that they should take their food when they're supposed.

[1:01:06] >> to be getting it. But I do understand sometimes people sit down and they

[1:01:09] actually eat their food. But what my intention was so just so I can clarify it was

[1:01:14] that it should it become a hangout spot because we did have a large area that ended up

[1:01:18] becoming a hangout spot. So I apologize if my words came out like that.

[1:01:22] well ironically part of my business plan is I have a canopy set up with a

[1:01:26] self-contained battery operated down and there's ceiling fans- inside the canopy that are

[1:01:33] lighted to make people more comfortable because customer comfort is one f my things.

[1:01:37] and then I lso have standing bar height tables without chairs so that people

[1:01:42] can actually stand there and eat food and perchance talk to each other nd hang out.

[1:01:47] yeah. >> so would that be permitted

[1:01:50] or is that one of those things that you want to prohibit. You can I mean under this thing

[1:01:55] at least what's proposed so far and we're and we're making adjustments but you would be

[1:01:59] able to have two of them if I understand correctly. Um but what is your

[1:02:05] recommendation? Well I'm just curious because my bar height tables are, u,

[1:02:09] six feet long. So okay.

[1:02:12] >> it's for more than for people to be able to so if you can get at.

[1:02:16] all I mean technically I don't think we're going to and that was the debate that they were

[1:02:21] having at the land development code. But you technically you could

[1:02:23] have two of them. Yep.

[1:02:24] >> but commissioner I mean what he just said he has is he's got a canopy and I'm assuming that

[1:02:29] canopy stays there every day. It sets up when I set up. Okay it sets up so you take it

[1:02:34] and does your truck stay there. So it's it's an outside area that you've created.

[1:02:39] you have a anopy you have a fan you have misters. And you have the.

[1:02:44] table I have a 24 foot. I have a 24 foot food trailer with a smoker on the porch.

[1:02:49] okay off to the side of that I have actually 210 by ten canopies that I set up

[1:02:56] every morning with battery operated and misting systems. To keep people cool.

[1:03:01] we're ceiling fans inside the canopies and then the six foot bar height standing table so

[1:03:07] people can get their food and have somewhere to set it down and eat so you don't have to

[1:03:11] take it and run while at the same time I'm trying to cool them off a little bit

[1:03:15] because florida hot. Oh well because you're putting it up and down every day.

[1:03:18] it's it's it's still a temporary use and your table seems fine to me we'll we'll

[1:03:24] just make sure that that's what we're looking at. Yeah I thought you were saying

[1:03:28] it was a permanent fixture and you're pulling your truck in every day.

[1:03:32] that's what I heard the first. >> oh no, ma'am.

[1:03:34] sorry. >> okay.

[1:03:35] >> we'll address those questions with staff there writing them down.

[1:03:38] thank you. Um. Megan's next.

[1:03:41] yes, ma'am. >> hi.

[1:03:43] >> good morning. Good morning. I'm argaret renard.

[1:03:46] I am a lifelong resident here in marion county and I own not. One but.

[1:03:50] >> two food trucks. Um, my address is 4001 southeast 20th terrace here in

[1:03:56] ocala. Um, I think that one of the things that we haven't talked a

[1:04:01] lot about you guys have mentioned.

[1:04:03] >> it a few times though. A lot of the language in the proposed ordinance is not

[1:04:09] specific enough. Um, item article number nine in here you need to define what

[1:04:16] temporary actually. Means because as you can see here from today from the

[1:04:22] comments that you're hearing there's.

[1:04:24] >> a lot of. Confusion as to is my is my business temporary?

[1:04:27] am I mobile enough? Is it permanent? I understand there's been

[1:04:30] issues with several. Um both formal. And informal.

[1:04:36] food truck parks but part of that. Language stipulate it's very.

[1:04:42] contradictory in that section. Being temporary is okay. So you can have.

[1:04:47] >> more. Than two. Or can you not because f.

[1:04:50] you're two trucks. Set up at one location or two vendors.

[1:04:53] >> a farm. >> tent, whatever the case

[1:04:55] might be do you now are you. Now considered a food truck park?

[1:04:58] they are separate things. I pop up on occasion. With my friends.

[1:05:03] from red riding coffee. That's two of us now what if what if our riend who makes

[1:05:08] soap brings her tent and sets up to do we need a special use. Permit or are.

[1:05:16] we still temporary. Enough that we don't require that so.

[1:05:19] >> that language needs to be. >> a little bit more specific

[1:05:22] so that vendors know exactly regulation is fine. It's necessary in many cases we

[1:05:29] many of us will follow. > the rules.

[1:05:31] but we need. >> to.

[1:05:32] understand what's being expected of us. But second to that something

[1:05:36] that's not been talked about and. Forgive me if I missed

[1:05:39] something and. Didn't read it that there.

[1:05:41] >> had. Been a change. But isn't.

[1:05:43] there something about notarized permission from the. Parcel owner for every

[1:05:47] time somebody sets up somewhere? Is that part of.

[1:05:52] oh I haven't seen it but. Yeah so. Yeah and part of the problem is

[1:06:01] and that's what we were talking about is that it's it it's hard for us right just just like

[1:06:06] anything else we can enforce regulation land development cde on the property owner

[1:06:13] right. We don't go and get in the middle of the business if

[1:06:17] publix leases part of their space to some other folks in the shopping center right where

[1:06:22] but if the shopping center is out of compliance we got to go to he owner nd they have

[1:06:27] to fix it with their tenant. And so that's the process that that we're in.

[1:06:31] so yeah we don't. We don't like go to the property owner and check and

[1:06:35] see if they have a notarized agreement with ou and then try to get in the middle of your

[1:06:39] agreement and make sure you e we don't police that. No, I completely.

[1:06:43] understand that and I understand from the comments that we've had today, the

[1:06:47] majority of the language of this ordinance is to address these quote unquote food truck

[1:06:53] parks whether they're formal or informal. However, the language is

[1:06:57] extremely broad and it does put every food truck or roadside vendor it makes them question

[1:07:05] what is allowed for them and it's a hardship if. I so I'm I'm very mobile

[1:07:10] completely mobile I own a dessert trailer a bakery. And a.

[1:07:14] mobile ice cream shop. Which hasn't even opened its. Doors yet.

[1:07:18] I've spent substantial money on my brand, on my trailers, on just hard work and I know that

[1:07:25] every other food truck person in here or oadside vendor has done the same trying to build.

[1:07:31] something for themselves. >> or for their families.

[1:07:33] absolutely. >> so to most of the time when

[1:07:37] I'm setting up it's a casual text to a friend hey jana, can. I set up at your place on

[1:07:42] saturday? Yeah, you're good to go. No problem.

[1:07:45] so now jana who rents her. Building it is a commercial property.

[1:07:51] she leases. >> her property.

[1:07:52] do I now need to go to the parcel. Owner and get a notarized

[1:07:57] document from said parcel owner. Or what's so.

[1:08:01] why is specifically the owner? Why not an. Authorized manager or.

[1:08:04] I don't even see it in here. We don't have.

[1:08:07] >> that language so you don't have to get me no no I. Where do I have it at

[1:08:11] chris because I've read through it. Where is that in there

[1:08:13] somewhere can. See es that is um in part b section.

[1:08:18] b okay I missed it too so I apologize. I want to make sure we're

[1:08:24] addressing language that's not prohibitive because where I still don't want to say it's

[1:08:29] not in our. Yeah it's not where we are though can.

[1:08:34] it's just. >> not in the published stuff.

[1:08:37] it is not in what is published right here in my docs. Okay so what yeah so where is

[1:08:43] it what section of what line is it. It's b but it.

[1:08:46] comes right after that online not here for us. Okay okay I got it man.

[1:08:50] thank you. So so we were removing um proposed language I think it's

[1:08:58] proposed language of uh this facility shall e located on private property which is

[1:09:02] either owned or leased by the vendor. So there would be some kind of

[1:09:05] a lease agreement. Um, and instead we're adding otain notarized written

[1:09:11] permission from the parcel owner because there was a there's concern that there are

[1:09:17] vendors who are just pulling up on vacant properties where the owner may be absentee, may even

[1:09:23] live out of town and they have no idea what's going on. So it's just a question of do

[1:09:27] you actually have the owner's property, um, permission to remain on their property?

[1:09:31] okay, I see what you're trying to get to. And through the ldc.

[1:09:36] um the notarized part came that was an agreement. So that's a decision that we're

[1:09:43] looking for the board for direction on. Ten is that for every time they

[1:09:47] come on and off the property or was it just like uh they could. There's an easy ix for that.

[1:09:52] banket permit just to add vendor shall obtain notarized.

[1:09:56] >> written. Permission from the parcel owner.

[1:09:59] slash or representative. But I don't know if it needs to be notarized.

[1:10:05] how about just written. Permission from the owner slash representative?

[1:10:09] yeah I mean do y'all want it to be notarized? Then you can make it up.

[1:10:14] yeah, I'm gonna. Say how uch do you want o police it?

[1:10:18] yeah, I. Kow what. Problem we're we trying to

[1:10:24] solve here though. Let's let's just talk about.

[1:10:25] >> people pulling up on property and property that they don't have permission from the

[1:10:30] owner or a representative and just setting up shop and it's bad actors, right?

[1:10:36] that's what this all comes down to. And as.

[1:10:42] usual when we have to take care of that it always the uintended consequences affect

[1:10:48] the people that are following the rules. Commissioners I think it's the

[1:10:52] duty of the property owner to make sure that their property is secured.

[1:10:57] and f they didn't if they're if they're having a problem with this they need to go fix

[1:11:03] it. They need to put up a fence and a gate on their property and

[1:11:05] that allow people to. >> pull up.

[1:11:06] >> on their I think the problem that we've had though and ask robin about it yeah I mean you

[1:11:10] might as well bring robin up. She's probably the one that's had issues with it right.

[1:11:13] and and this. Is a business I mean businesses do have to take certain.

[1:11:19] steps o operate. Just like.

[1:11:22] >> a brick. And mortar business. That's true.

[1:11:24] I'm not trying to overextend. For the business. So I I'm in agreement.

[1:11:36] but you know it will be interesting right? Especially for the folks that

[1:11:40] are very mobile then that means single time right?ure out every- I mean every single time you

[1:11:47] know I mean any of these folks are somewhere else, you know? I mean every time you

[1:11:53] go somewhere then you have to have. Well but if they're.

[1:11:55] on site at a business yeah, they already have the permission and the business is

[1:12:00] open I got to step inside and prove that. But if you're on a vacant piece

[1:12:04] of property then that's where. >> it becomes questionable.

[1:12:08] >> who then. Can we specify that language? Because I completely.

[1:12:11] understand where the concern comes from and I agree I do think that.

[1:12:16] >> the. Land owner does have a certain responsibility and I think that

[1:12:19] the law protects them. Should they file a complaint they.

[1:12:22] can put it in a trespass request and then if somebody breaks that rule.

[1:12:26] then they have to. >> pay the consequences for

[1:12:28] that for being a bad operator as you said. But for me to have to go and

[1:12:33] get paperwork notarized every. >> single time that I'm going

[1:12:37] to set up and that might be 3 or 4 locations. In a week.

[1:12:39] and maybe eight. I own two. Trucks and it's not like they

[1:12:44] can just take a paper. Well maybe they could attest to it.

[1:12:50] maybe you could be the one attesting to it that you've received permission but it's

[1:12:53] still your take. It can be very blanket. Of you have permission to use

[1:12:57] this property t your discretion. Certainly and.

[1:13:01] >> being able. To say that we have to.

[1:13:03] >> get permission I'm a fan. >> of even to a certain.

[1:13:07] extent having to prove. That you have said permission but the step of actually asking

[1:13:12] us to. >> have it notarized.

[1:13:13] >> for every single time that we're. Setting up or even say hey,

[1:13:16] it's blanket you can set up. Here anytime. Nonetheless, if I'm setting up

[1:13:21] at eight. Locations in a week. I am a tiny business that I

[1:13:24] now. Have to find a. Notary, coordinate multiple

[1:13:27] schedules. Pay said. Notary as.

[1:13:29] an extra. Expense to my small business. Well it's a hardship you know

[1:13:34] it's not ne time. If it is a blanket you have permission to use that

[1:13:38] poperty. >> one not for that one

[1:13:40] business and by nature. Were mobile. So do you have to.

[1:13:43] carry insurance. >> I do okay.

[1:13:46] and all those papers have to be on site with you and okay this is no different.

[1:13:51] it becomes a. Piece of.

[1:13:52] >> paper that you pull out and show I have permission to use this property and again it

[1:13:59] doesn't have to be date specific. I have permission to use this

[1:14:02] property. >> I don't have an issue with

[1:14:04] that. My issue. Is again the.

[1:14:06] notarization one. Time you get it notarized. One time ma'am.

[1:14:11] just like. >> you got if the eal if you

[1:14:14] had. >> any if every store that you

[1:14:16] went to you had to get your your receipt notarized. Would you have an issue with

[1:14:20] that? That's not what we're talking about.

[1:14:22] even if you only had to do it one.

[1:14:24] >> time when you went to walmart.

[1:14:25] >> one time when you went to publix. That's what I'm talking about,

[1:14:28] ma'am. That's not what.

[1:14:29] >> we're talking about there. So is there.

[1:14:31] >> anything else that you need? Yes.

[1:14:32] >> so yeah a couple. >> of things.

[1:14:34] some of the regulation that's in here is being duplicated by dpr um and.

[1:14:39] the department of agriculture. So for example. The expectation of restrooms

[1:14:44] once you exceed the threshold of two employees we are here are.

[1:14:48] expectations already. >> in the laws that govern us

[1:14:52] as food businesses. So it's redundant. It's not I mean do it if you

[1:14:56] want it's just. A statement.

[1:14:57] >> that. It is edundant.

[1:14:58] >> but we. Need it in our codes in order for our code enforcement to be

[1:15:01] able to enforce it okay. Unlike state statute they're there folks will be able to

[1:15:05] force it. So lot of our ordinances and laws follow that of state

[1:15:09] statute okay. And then it was.

[1:15:11] >> brought up. So I just want to kind of touch on it and um just.

[1:15:15] reiterate or say for from my end. The sound.

[1:15:20] ordinance I think that kind. >> of goes back to.

[1:15:23] again duplicating law. And regulation. There is an.

[1:15:26] expectation by every. Business, every. Person that you follow.

[1:15:31] the rules of. >> code enforcement and.

[1:15:34] if someone is violating that. There are already. Regulations in.

[1:15:37] place to address it already addressed it. We did.

[1:15:40] but yes, you've addressed it with.

[1:15:42] >> the. Statement that you want to add regulations.

[1:15:44] I'm going. >> to.

[1:15:45] we're just going to follow the noise. When we had a conversation when

[1:15:50] robin came up. Okay I appreciate that. And I.

[1:15:53] just ask that you consider it. >> that every grouping of food.

[1:15:56] trucks or vendors. Is not a food truck park. So consider that as this is

[1:16:02] redrafted. Um.

[1:16:03] >> to be specific about what addresses foods. You know, food.

[1:16:06] truck parks as opposed to. Groupings or smaller. Groupings in the community of

[1:16:11] food. Trucks and vendors. Okay.

[1:16:13] >> thank you. >> thank you.

[1:16:15] megan and rachel. Uh, megan knits, 65 olive road ocala.

[1:16:23] uh, a lot of what I was going to bring up is actually already been addressed.

[1:16:26] I have a question of when it's two or more does that count as far as food trucks serving

[1:16:31] burgers, things like that or is that could also include things like what we do with the frozen

[1:16:37] kiwi. We do desserts, we do ice cream, we do drinks.

[1:16:40] how is that going to be navigated?

[1:16:42] >> I don't think food type matters okay? It's just how many.

[1:16:46] because again just like. Before you know we. Collaborate with other food

[1:16:50] vendors we brings in the crowd, it brings in income from us but this is our primary source of

[1:16:54] income. So we do want to make sure that we're following rules but we

[1:16:57] also want make sure it's going to be profitable for us as well as business owners.

[1:17:00] another question that I have and this will probably be my last one everything kind of got

[1:17:03] addressed already. Um as far as school events, sporting events, churches,

[1:17:07] apartment complexes, things like that. If there are more than two

[1:17:10] trucks how are we going to address that for like more private areas like schools and

[1:17:14] churches things like that for carnivals, community events a lot of times they have more

[1:17:18] than two food trucks. Yes ma'am.

[1:17:20] >> that's probably addressed when that. School or.

[1:17:25] apartment complex generally they'll come in for a special event.

[1:17:28] permit okay. What about.

[1:17:30] >> like local church fairs things like that and such same kind of thing.

[1:17:35] it should be we'll we'll work through the clarification. I think that was the other

[1:17:38] point of several of the other vendors is that we just need to clarify some of that language

[1:17:42] to make it more. Okay.

[1:17:43] >> in general I would even say I mean that goes back to the property owner that is inviting

[1:17:50] you on. So it wouldn't fall to the food truck.

[1:17:53] >> and what we're talking about as far as food truck park is is more so not really a emporary

[1:17:59] event right? You're having an event on a weekend and you go to that.

[1:18:01] we're not talking about events. We're talking about people that are set up.

[1:18:04] yeah I'm for. And in most of the cases that we're having issues with

[1:18:10] they're set up for a long period. They're basically not moving

[1:18:13] and they're setting up two, three 4 or 5 trucks and they're just parking there and they

[1:18:19] don't move them and they become by essence a restaurant. Yeah right.

[1:18:23] and that's that's the difference. And so we need to clarify that

[1:18:27] we need to make sure the law that we want to work through is very clear about the

[1:18:31] differences between it doesn't matter if ten of you re getting set up for, you know,

[1:18:35] marion county day or whatever else or 4th of july. Right?

[1:18:38] that's an event. >> okay.

[1:18:40] what we're worried of what we're talking about is what a food truck park is and then if

[1:18:45] they want to become a food truck park, then they need to go through the proper

[1:18:49] regulation process for that. So we're trying that's why we're having these meetings so

[1:18:53] we can get your input to make this all better. Yes ma'am.

[1:18:57] thank you. >> my name is rachel next 13

[1:18:59] for drive. Um I have red riding coffee and have been invited to the rose

[1:19:07] barn drive-thru flower shop that recently opened this year and.

[1:19:11] we collaborate together. I advertise for for them. They advertise for us.

[1:19:15] I's just a really good combination and the community like we have just been loved on

[1:19:20] by the community so much that it's just been growing. We're out there about three

[1:19:25] days a week thursday friday from 630 in the morning till like two saturday from 9 to 3.

[1:19:34] um unless we get hired for an event. .

[1:19:37] but again the person leasing that property invited us to come.

[1:19:41] so just to clarify as far as like the representative would that be the person

[1:19:47] leasing the property or is it still like somebody from the property owners like office?

[1:19:54] I mean technically it would still be the property owner but maybe again maybe we can tweak

[1:20:00] that language and maybe we just need to have something in there it.

[1:20:03] shouldn't be a representative should be if.

[1:20:06] >> somebody is leasing a property they have the authority and.

[1:20:10] >> they were to use. >> that property and they can.

[1:20:13] so yeah I mean. I don't know what's in.

[1:20:16] >> there. And I don't think it should fall back on the food truck

[1:20:18] vendor if they've been invited by that business to be on site. Right.

[1:20:23] they're not I think. >> we can maybe solve that by

[1:20:27] just saying hey, if they got invited or something else basically just having that

[1:20:30] information there that the code enforcement officer when they come up if they have a question

[1:20:34] they come up and you can say hey I was invited by this person.

[1:20:38] there's a name and phone number. You give them a call a code

[1:20:41] enforcement officer checks keep going.

[1:20:43] >> yeah I think. Maybe we can.

[1:20:44] >> solve it at anybody. And then actually the owner of the property comes and gets

[1:20:48] coffee from s. Sure. Same with his office.

[1:20:50] yeah. >> um, and then.

[1:20:53] to what is the maximum number of days that you can be there because I like.

[1:20:57] for me to set up my husband and I built our trailer so it's not typical.

[1:21:02] um, we converted a horse trailer. It's all wood on the inside.

[1:21:06] it's a lot of work. I work.

[1:21:08] >> like 16 18 hour days. I have a full time job and I do this on the side trying to

[1:21:11] build it up, but it's like a two hour process between packing it up, bringing it, you

[1:21:16] know, going and dumping, refilling, bringing it there, setting it up and then

[1:21:21] basically closing it back up getting it ready for shop. It's probably about a three

[1:21:25] hour deal to have to move it every so often like it's. Like aren't you moving it once

[1:21:31] a week anyway or are you leaving it there all the time?

[1:21:34] >> well I'm leaving it there for about three days straight right now for if it's just.

[1:21:37] >> too hot to pack up because. Sometimes I'm just like I'm done.

[1:21:40] but I was looking into maybe adding like a ednesday but now I was like after seeing this

[1:21:45] yesterday I was flipping out thinking we're done. Like are you moving it once a

[1:21:50] week? Yes okay I again we need to tweak that but I think that's

[1:21:54] fine because that in my mind that still. That's still a temporary type

[1:21:58] of thing. And I think some of the maybe the.

[1:22:02] the reasoning behind we have a thank goodness we've been very blessed we haven't had

[1:22:08] hurricanes or anything coming through if there is bad weather forecasted those things need to

[1:22:13] be packed up, moved away or they become so I think that is another piece of why they need

[1:22:19] to be mobile right? Even if it's sitting there consistently but you don't have

[1:22:23] the food on site. I mean all of that is addressed .

[1:22:27] it's got to be able to be moved immediately. That means the tires are ready

[1:22:31] . You hook it up. To the vehicle and it always

[1:22:34] is. Exactly. So I think that is.

[1:22:36] and that's the spirit of temporary right is that it has to be wheels.

[1:22:40] so as far as electric. Light because I am a coffee trailer I have a generator on

[1:22:49] my back. So when I'm in when I'm operating I have the generator

[1:22:53] going but when I'm not the generator goes off. I plug in just a long extension

[1:22:59] cord. Is that an issue? You know.

[1:23:03] >> I don't know I don't know if that's overed in our code or if that's an issue.

[1:23:06] I don't know that it is but we'll ask our team. Kind of safety issue I.

[1:23:12] >> don't I don't know if it's a. Safety issue but I'm sure I got

[1:23:14] you know I don't know there's there's all kinds of electrical code that I don't completely

[1:23:17] understand right? I mean. And it's just for refrigeration

[1:23:22] right. So.

[1:23:23] >> I an answer that one really quick in the existing code today they're not supposed to

[1:23:29] be connected to electric water or sewer. So they're supposed to be

[1:23:34] self-contained and not connected to anything. Okay that's.

[1:23:37] existing code today that part has not changed.

[1:23:40] >> gotcha. So just asking a question if we're not able to or if they're

[1:23:48] not able to put electric in for people to hook up how can like why do we have that owntown?

[1:23:53] what's time. You have where we can hook up electric 50 and 30 amp

[1:23:58] downtown? Oh that's ot us that's the city of ocala.

[1:24:01] but I just I'm wondering like how that's how they're able to do that.

[1:24:05] >> but if. Say the rose balm wanted to put in that I still wouldn't be

[1:24:10] able to connect. Yeah we need obviously that's a great question.

[1:24:18] we need to we need to figure that out. Okay.

[1:24:21] >> um and then technically like the chairs and table. I think here we're going to

[1:24:26] end up just so you know, is that if you're oing to hook up to electric, you're probably

[1:24:30] going to have to force a special use permit. Okay.

[1:24:34] > but I'm not 100% sure yet. You mean. As in just taking an extension

[1:24:39] cord and plugging it in? Well, technically they shouldn't be plugging in an

[1:24:42] extension cord. Technically they should be the rose barn or somebody else

[1:24:45] should actually put a service in and you should plug in to that service right.

[1:24:48] like that's how it should work. Is that.

[1:24:51] >> what you do downtown? Yes I mean that's that's. Like an rv set up right down

[1:24:56] but that's what they actually have a 30 or 50 amp service you're.

[1:24:59] talking about down where the market is the market right. Yeah well I mean that's a.

[1:25:02] >> that's a market. I mean I know I mean I just didn't get.

[1:25:05] >> it's set up for that particular thing and so I. Think if if.

[1:25:08] you're going to want to use electric you would have to figure out the service the same

[1:25:11] thing this gentleman over here right he's got an ice cream shop and he's got to set up a

[1:25:15] service then those things are probably if you're going to plug n to a permanent

[1:25:19] structure you may have to get a special use permit for that. And so we're going to ave to

[1:25:24] figure out what the right code is for that I don't think that's necessarily addressed in

[1:25:27] in these comments today, but it's a great question that we're going to have to work

[1:25:31] through. Right.

[1:25:32] >> nd then as far as the for signs, if it's like a flag on the trailer which I don't have

[1:25:37] right now. Mhm. But if that was.

[1:25:39] attached to the trailer like that does that count as one of those signs.

[1:25:43] I'll ask our team is the same the same question. The gentleman had the same

[1:25:47] question over here in regards to the signage on the trailer itself if it counted or not.

[1:25:51] um I we need to make sure how our team is anticipating addressing that.

[1:25:56] and then. Let's see. I think there was um something

[1:26:00] about tents so like I'm licensed through dpr. Yep.

[1:26:04] and I'm able to also have a tent set up somewhere else if I wanted to under the same

[1:26:09] license. Okay. So they just added that this

[1:26:12] year. Oh okay. Okay.

[1:26:14] >> um just because. It's like a separate location. It can be a separate location

[1:26:18] or it can even be same location. Um, if I wanted to say they

[1:26:22] have like a big event going on and I want to be set up one end to the other, okay, I'm able to

[1:26:27] do that. Um. And I think what I was.

[1:26:33] >> going. To ask.

[1:26:34] >> do different rules apply to that? You mean same vendor wo spots

[1:26:39] on the same location though. I mean we follow all the rules through the dpr, right?

[1:26:45] we're going to have to have our team check. The db pr regulation and then

[1:26:50] maybe modify our code. Mister chair yes. When you're done answering that

[1:26:54] I want to ask staff a question. Okay go ahead. Let me let's just have her

[1:26:58] finish. And then I think I have one more question to um so at

[1:27:02] rotary baseball I did get approved for being a vendor there okay.

[1:27:07] so I was just told to contact the county every time I go out there.

[1:27:12] I mean that's still do the same thing. Yeah you can do that or we

[1:27:18] can set up a like if you're if you're if you're going to rotary and then we can just

[1:27:21] you go out there too if it's.- jim can. Probably jump on top of that

[1:27:26] work for that. Thank you ma'am thank you. Good morning.

[1:27:31] uh, jim. Coulthard, parks and.

[1:27:33] >> recreation director. >> we do have a.

[1:27:34] mobile food vendor packet. >> that we we issue.

[1:27:37] uh, we also work with our municipalities.

[1:27:40] >> even down in belleview. Uh, we work with. Down there, uh, chauncey.

[1:27:44] shawna chauncey. So if.

[1:27:46] >> people want to apply to have food trucks there you have to coordinate.

[1:27:49] to the city. Then they have our packet. A an overlap but it works out

[1:27:52] well okay. So they don't have to call every time necessarily once

[1:27:57] they get approved they're approved. How does that work?

[1:27:59] well we'd. Like to know the dates that they're having in there but

[1:28:02] we'll we'll keep the packet nd just make sure they're insurance and we do have

[1:28:05] background reason why we ave background screening requirements.

[1:28:08] we want to make sure that all those drivers are background screening if they're going to

[1:28:12] be in the parks um individually like that that's real important.

[1:28:15] but once they go through the package they just need to notify us what things are going

[1:28:18] to be there. >> yes sir.

[1:28:19] and our staff is really great at walking people through the process.

[1:28:21] very helpful. Thank you.

[1:28:23] >> all right tiffany and todd are up next. It's it's tiffany here.

[1:28:33] oh okay. Come on down sir. Name and address for the

[1:28:37] record. Hi my.

[1:28:41] >> name is todd foster I own odd todd's over in salt springs 735 nfr 75 fort mccoy.

[1:28:48] um. I woke up the other morning to read this in the newspaper and

[1:28:52] I was. Like.

[1:28:53] >> holy cow, what's going on here? Um, I mean, I'm shocked uh, if

[1:28:59] you would go and look at our present um, on facebook google you would see a very successful

[1:29:05] business. Uh, and we uh, nine years ago we started actually a little

[1:29:11] over nine years ago we started this uh, process looking in multiple counties to find a

[1:29:17] location a complete atrix for every county that allows, uh, open air produce, uh, food

[1:29:25] truck. Is it open ir? Uh or is it, uh, open air under

[1:29:30] an enclosure? Saint johns county has a huge matrix.

[1:29:34] we put um, hundreds of thousands of dollars we own uh uh, the whole front section of

[1:29:41] commercial property in salt springs uh, next to the sunoco um and when I woke up and I

[1:29:51] looked at this. Uh.

[1:29:54] >> I was like okay, what does this mean? So then I called down to the

[1:29:57] county. She said okay, go here and I and I, I read it my wife read

[1:30:01] it to me and everything that's in there is contradictory to what we started nine years ago.

[1:30:08] okay. All of the regulations and we don't move.

[1:30:12] I have two food trucks one for catering, one stays there okay so I'm one of those that maybe

[1:30:18] is the bad guy that doesn't move but my place is very clean okay?

[1:30:22] it's very organized. It's uh um there's temporary tnts.

[1:30:26] uh, I would consider like if you went down south to uh uh I mean we have produce.

[1:30:33] uh. >> it's just it's a it's a

[1:30:36] wonderful place people come for an experience. If I was to go and look at this

[1:30:40] and like, uh, do under the sunshine act and say how in the world did this come about?

[1:30:45] why did. Who brought this up to bring to you guys in the first place?

[1:30:50] how did this start? I think we can. I could.

[1:30:53] uh, logically say that there's been problems with food trucks getting together that created

[1:31:00] this situation. Okay, well, te state has regulations that we have to

[1:31:05] follow what we can hook into what we can't we have to have a commissary.

[1:31:09] we have all these regulations. Um, I'm listening to music I was driving uh, can we have

[1:31:15] music? Not have music. I was thinking of the vfw out

[1:31:19] there in salt springs and they have music out there and then all of a sudden they have seven

[1:31:23] food trucks around the baseball field. Heck, they're going to be in

[1:31:27] violation of everything we're talking about here. Um, are they hooked up to

[1:31:33] power? There's power out there. Can you hook up to power, not

[1:31:35] hook up to power? Um, all of a sudden we have all this stuff that's struck of the

[1:31:42] parking lot. Um, what's on the parking lot? What's not on the parking lot?

[1:31:47] I've never had code enforcement out there o to get on my case about any of that stuff.

[1:31:51] yeah. Road side, you know, some some signage, um.

[1:31:56] that are on the early days uh, you know, people complaining that kind of stuff.

[1:32:01] let me tell you what I've got photo photographs for this very reason right now of fire

[1:32:08] trucks. Sheriff.

[1:32:10] >> the sheriff cars, everybody how they're parked. Okay, we're out in the woods

[1:32:15] and last thing they want is oversight of being told how and what.

[1:32:20] now I understand there's got to be rules. But my.

[1:32:25] whole business in I mean, I will make it through this. Trust me, I mean, I this isn't

[1:32:31] going to stop me from what I'm doing. I can do other things to go and

[1:32:35] maneuver around some of these things like two tables. You got to be kidding me.

[1:32:40] two tables I have a it's like a restaurant and. The rules uh, so I'm going to

[1:32:48] be punished because I have a very successful business and it comes out of a food truck.

[1:32:53] um hmm. As I drove by the wilderness, uh, rv park out here, I was

[1:33:01] thinking to myself ow these how these poor people every time they go around to all

[1:33:07] these locations and they have to have a, um. A signature and there's got to

[1:33:13] be notarized they may be in a month they may go to 35 different places.

[1:33:20] that's 35 notaries just to go around. Um, that makes no sense to me.

[1:33:26] uh, and especially when and then I own a 30 acre farm. So that even complicates this

[1:33:32] because I have a farm and I'm doing, uh. Do the uh, ight to farm act

[1:33:39] selling my. Product at my food truck that people come to buy organic

[1:33:46] food. Okay. And you're going to take away

[1:33:49] my right to be able so there's there's this gray area of if do I have power?

[1:33:53] the very first thing that came from my mind is I have to prove to putnam county because I live

[1:33:59] in putnam county. That my farm produces through my schedule f how I sell my

[1:34:06] product. Okay and I'm making a profit. Well then now now now my right

[1:34:12] is being taken away because I'm selling my product at this roadside stand.

[1:34:18] it's been part of florida history for a very long time now we have two issues

[1:34:24] going on. We've got. This conglomeration of food

[1:34:27] trucks and individuals like myself and others and I think that there's a lot of ambiguity

[1:34:33] in in these documents and there's stuff that's been stricken.

[1:34:36] um, again, I don't have issues with anybody coming out to my place of business and giving me

[1:34:44] a hard time. I follow the laws. I follow the regulations.

[1:34:47] um, but I just think that this is. This document n itself needs a

[1:34:54] lot of it needs lot of work and it will leave me no right other than how this is written

[1:35:00] up. If you give me two tables. You will kill my you will kill

[1:35:04] my business. If my business gets killed then I have to come back and I have

[1:35:09] to say look at where like that's that's going to cause friction between the county and

[1:35:16] myself and then not only that it's going to kill my farm. Okay, walden farms like if

[1:35:22] sheriff I want to set up and I want to do agritourism I have the ight I have a full green

[1:35:26] belt on my property. I can do all those things. Um, but the fact of the matter

[1:35:32] is I have a massive amount of money invested in salt springs and that business is very

[1:35:38] successful. And mrs. Alec, I know those people are chewing on you all

[1:35:41] the time out there in salt springs about things going on. This business means a lot to

[1:35:47] the people that are out there, okay? And there's not a lot of places

[1:35:50] to eat. Um, but I myself am not a fan of the language that's in this

[1:35:56] document yet. So appreciate. Your testimony.

[1:36:00] uh, and I've been to your place a handful of times and so thank you for that.

[1:36:04] and you know, the good thing about yours is that, you know, you're you own it.

[1:36:08] right? And nd it's on a piece of commercial property and so it

[1:36:12] is a little different but these are the cases that we need to look at to understand.

[1:36:16] um and if it's outside of the requirements for a temporary or moving or whatever then again

[1:36:22] we may have to go through a special use process. But I again I think all of

[1:36:27] those things to your point are solvable.

[1:36:28] >> you know the hard and the hard thing with that I, I bought and paid okay I owed no

[1:36:35] money on this thing. I I purposely did what I did and now I had to come back and

[1:36:41] I got to ask the government for especially in trust me I have. It's a busy.

[1:36:46] place and so how how it zoned so many lots back or b2. Behind me.

[1:36:52] >> is residential. >> um I.

[1:36:55] >> have a couple I have a couple of folks that are in that neighborhood.

[1:36:58] they probably would love to see me gone now. Now you're introducing these

[1:37:04] folks into my livelihood that they're going to get a say hey ,that.

[1:37:09] what? I don't like him. Make him k make him go away and

[1:37:13] now I have to deal with that when I followed the rules from the eginning many years go

[1:37:21] and now I see this flashing and you know, being able to pass this on to our children to be

[1:37:27] able to carry this on I'm like ww, this is this is shocking. So all right.

[1:37:34] thank you sir. Yeah thank you. All right anyone else want to

[1:37:38] speak on food trucks yep okay. Come on down. Hi.

[1:37:41] my name is carmen mervin 2166 northwest 10th street ocala. I've been following, um, these

[1:37:48] meetings and unfortunately I've only been able to attend one, but I've written a couple of

[1:37:53] letters and just like this gentleman who's four food trucks.

[1:37:57] um, I have a lot of problems with what's going on here. I feel like you're trying to

[1:38:03] regulate, um, two businesses that are very foreign. You have food vendors and then

[1:38:08] food trucks and then you have produce sales. That's like trying to regulate

[1:38:12] publix the same way you o mcdonald's. I mean, it's two totally

[1:38:16] different types of businesses. So on one hand you tell the vegetable salesman that he

[1:38:23] can have a permanent structure but then you tell the food truck he can't have a permanent

[1:38:27] structure. So I'll get to some of my real issues that I have problems

[1:38:32] with. Number one, my big issue the reason that drew me to this was

[1:38:36] because a lot of these food trucks are coming out to a-1 properties.

[1:38:40] I don't agree with food trucks locating in a-1 properties unless they are truly there for

[1:38:46] one day and then they move because a-1 we live in farm areas.

[1:38:51] um michelle stone, you live in a-1 property. I don't think you want to drive

[1:38:56] out of your driveway and see a food truck sitting there, especially when now you're

[1:39:00] going to tell the food truck if he has more than two employees he has to set up a port, a

[1:39:05] toilet and a wash stand. So let me ask you does the porta toilet go on the back of

[1:39:10] the food truck and leave when the food truck leaves and does the washed and leave when you

[1:39:14] know I mean it's not realistic you know it's just not realistic and then you're

[1:39:20] giving them four signs. My business gets one sign on the road and one sign on the

[1:39:26] building. So it's different rules you know and I think you have to

[1:39:30] have some consistency and I don't mind the food trucks in commercial areas or rural

[1:39:36] activity centers I don't mind that at all. But he problem is when the

[1:39:40] food trucks come out into a1 territories they tend to make themselves permanent.

[1:39:44] and just like you said a minute ago karl, the lady wanted to keep her coffee station for 3

[1:39:49] or 4 days. I understand for her it's a tremendous amount of ork to

[1:39:53] pack up and leave. Yeah, but for us living in one area we don't want

[1:39:58] permanent set ups next door to us. We don't want permanent food

[1:40:01] trucks. You know, I've been in marion county a long time.

[1:40:05] I have various businesses and every time I do a business I have to jump through the

[1:40:10] regular hoops. I have to pay the bill. I have to pay the licensing.

[1:40:13] I have to dig retention areas and do all these things. And I'm not asking that the

[1:40:18] food trucks have to do this, but I think you need better rules and I know that the land

[1:40:24] development group has worked very hard on this, but I still think you need a segregation

[1:40:28] between food sales which are also governed by the state under the farm, you know,

[1:40:34] trying to make farmers thrive and food trucks and when you say they have to have wheel

[1:40:39] they're they're a mobile unit. They have wheels for a reason. They have wheels so they

[1:40:43] can move and the minute you tell them hey can set up permanent structures oh you

[1:40:47] can set up a tent. Well unfortunately then your poor code enforcement officer

[1:40:52] now that tent stays there now she's going to have to be called out more often.

[1:40:56] they set up lights they there are many ood trucks right now in marion county.

[1:41:00] maybe not these nice people who are attending the meeting but there are many that are set up

[1:41:04] permanently. They're not moving at all. There's one out by um the high

[1:41:09] school on on 80th here's one down on 475. They have lights, they're set

[1:41:14] up permanently and they're operating. I don't have an objection to

[1:41:16] that so much when they're on commercial property but when they're on a1 property doing

[1:41:21] that it's a no go for me and I think it should be not allowed at all ctually in a one.

[1:41:27] but you have a hard job in front of you because you have to come up with rules that work

[1:41:31] and rules that don't work your code enforcement officer to death thank you.

[1:41:36] thank you appreciate it. Yes ma'am. Is there anybody else that

[1:41:42] wanted to speak? Come on. If you come to this podium.

[1:41:45] good morning. My name is. Katrina bakewell and I

[1:41:48] apologize for not signing up ahead next time.

[1:41:50] >> oh no. >> no it's fine.

[1:41:52] uh, and I appreciate being heard. I'll make it as brief as I can.

[1:41:56] um, I live at 16053 south highway 475. Probably live right next.

[1:42:02] door to the food truck that's. Being mentioned. And I may be a little.

[1:42:06] late to the party. Um, I bought of a farm and building a horse farm on um the

[1:42:14] property that I purchased and it is zoned a1 uh, as are all of the properties along the

[1:42:21] stretch where my uh, farm is located. I'm investing looking to buy uh

[1:42:26] ,area of acreage next door that's vacant and to build as there are a number of horse

[1:42:34] farms along that stretch. Very nice ones, very high end ones that are being.

[1:42:39] developed and um. ,so.

[1:42:42] >> about a year ago my next door neighbor. Nice nice fellow um I think he

[1:42:50] had a food truck that was uh part of that group that was disbanded over by marion oaks.

[1:42:55] I go out and suddenly there's a a food stand next door to me and it's grown and now has a

[1:43:03] like a tent structure. It's got tables and chairs. I has lighting.

[1:43:07] uh, we see all kinds of trash a couple times week I make the trek out in front of my

[1:43:13] property to go pick up all the trash because. We're very careful with that.

[1:43:17] kind of. >> thing and, um, it's got big

[1:43:20] signs that blow in the wind sometimes there's music and um, I guess I have the same concern

[1:43:27] I just heard voiced no problem at all with food trucks. I mean I'm a fan of them

[1:43:32] actually operating out of commercial spaces or semi commercial spaces.

[1:43:38] but it's this kind of uh, location where we are I didn't buy the property to invest and

[1:43:46] build it up and be part of that whole network of um forced businesses along there so that

[1:43:53] I be next to ind of. Um noisy colorful uh uh, taco stand basically.

[1:44:02] and o a slippery uh, I understand I'm late to the party n it but uh, now we're

[1:44:09] talking about two. Uh.

[1:44:12] >> food trucks per property. What if a year rom now we're talking about three suddenly

[1:44:16] we're back to the whole location. So it is a slippery and it's

[1:44:21] going to be a disincentive I'm now considering do I stay here and build and put more money

[1:44:26] into building my farm and make that whole area in there kind of um, you know, to uh, upgrade

[1:44:33] it in terms of the farm qualities or do I look to move to another location because

[1:44:40] it's not the character of the property that I wanted o purchase and thought I did

[1:44:46] purchase? Um.

[1:44:47] >> second question really has to do with the code enforcement which I've called talked to a

[1:44:53] very nice gentleman there several times very helpful. But um, as I understand it,

[1:44:59] there's a limit to what can be done to bring uh, people like my neighbor into compliance

[1:45:05] because he said 've been out there uh, we've sent letters cited the property.

[1:45:12] um, but uh and the minute that they've done that everything goes back right?

[1:45:18] right the way it was it's almost laughable. And uh and so the the lights

[1:45:23] are back, the tables and chairs are back, the tent is back, the big signs are.

[1:45:28] back and um, you know, I don't know where the teeth are in trms of the enforcement but

[1:45:36] you know it's. It's and the laws are there for a reason but they only do so

[1:45:42] much if there's no uh, force. Behind them. So I appreciate the chance to

[1:45:47] be heard. Thank you.

[1:45:48] >> appreciate it. Yes, ma'am. Good morning.

[1:45:50] my name is. Tika johnson to. Cedar tree terrace.

[1:45:53] um, I think that this ordinance is probably. Speaking about a food truck,

[1:45:58] um, area. >> that my husband and I own.

[1:46:00] there are. >> four food trucks there.

[1:46:02] and a farm stand. Um.

[1:46:04] >> the. Food trucks. Are not in commission monday

[1:46:06] through wednesday and they open . Thursday through saturday.

[1:46:11] so my question is um and they are on a. Property that is owned by the.

[1:46:16] church and we all have um adequate. Permission from the church to

[1:46:20] be there. So does it work out better or is this ordinance.

[1:46:24] saying that if we're not there monday.

[1:46:27] >> through. Wednesday we. Need to move the trucks.

[1:46:29] and then bring them back. For thursday through saturday? But the reason.

[1:46:34] >> why. They are. There seven.

[1:46:36] days a. Week is. Because we are hooked up o.

[1:46:39] electric, right? Um so I just want further. Clarification so that.

[1:46:43] >> I can bring this information back to the. Property owner to see who he

[1:46:47] needs to. Speak with or what. He needs to do.

[1:46:50] >> to get the. Special permit. Or if.

[1:46:52] >> that is something that's needed. Yes.

[1:46:54] >> yes ma'am. >> I mean and that's and that's

[1:46:56] the case we're kind of not not in your particular case but that is the scenario we're

[1:47:01] talking about where people are just there all the time. They're hooked up to electric,

[1:47:05] they're having those kind of things they're having when you have four trucks you're

[1:47:08] bringing in more people a lot of times without adequate restrooms and all those kind of

[1:47:12] things and it triggers that that part that we were talking about where really you need to

[1:47:17] make sure you know, you would need to go through a site plan just like everybody else would

[1:47:20] to build a permanent business. Right. And so um, I don't know that

[1:47:25] all the answers that's the part of the process I'm going to have our staff walk through

[1:47:29] like what what criteria but it sounds like you would meet that criteria.

[1:47:33] you can either go down to wo okay right. Or you would need to then

[1:47:39] go into building permanent. Infrastructure on the site. Right.

[1:47:43] if you wanted to have 3 or. >> 4 or more.

[1:47:45] of them because then at this point I think our our staff would look at you um

[1:47:51] as becoming a food truck park. Okay.

[1:47:53] >> so even if. Permanently there. Even if we made it through

[1:47:56] wednesday, if. >> you.

[1:47:57] moved it off site. That's going to. Come back.

[1:47:59] >> when it's in service. But they have. Four trucks and a produce

[1:48:04] stand. Yeah.

[1:48:05] >> and so that's. That's the part I. Don't understand.

[1:48:07] and so uh let me allow our our our team to address your particular situation as well.

[1:48:12] uh I exactly what would need to happen okay. But I think today if they

[1:48:16] pulled up on site and they were there seven days a week and not moving.

[1:48:20] it would technically be a a food truck park. I think.

[1:48:23] even if. >> you.

[1:48:24] had four of them on the weekends you would still be a food truck park.

[1:48:27] all right. So that's what I don't. 100% know if that qualifies,

[1:48:32] but I want. >> to get our team to.

[1:48:33] answer that and help walk through that process with you. Okay great.

[1:48:37] thank you so much. Yes, ma'am. Hi.

[1:48:39] >> my name is eric. Martinez and my 500 on. Southwest 20th street.

[1:48:45] um I am a local vendor here. In ocala and. This touches a little deeper to

[1:48:52] me because. Waldron farms has. Been supportive.

[1:48:55] >> of. Me as a vendor and I've had the.

[1:48:57] opportunity to also be supported. By the city amongst many other

[1:49:01] things. I think we have to lead by example.

[1:49:04] because obviously. Not many and even the biggest, maybe smallest part here in.

[1:49:09] ocala that supports the food trucks is also not in. Compliance.

[1:49:13] >> and the code. Enforcement for. Enforcement that's.

[1:49:17] >> trying to be placed. >> it's not.

[1:49:19] clear enough. Even for them when they speak. Up here.

[1:49:22] and when you go to. Other cities in florida you see that.

[1:49:25] the food trucks have. You know what you are looking for.

[1:49:28] here but. >> it's because.

[1:49:31] the city has these. Parking lots. Parks ready.

[1:49:34] for them to be there. >> we also have to show them

[1:49:37] the support so that they can comply with what we are looking for.

[1:49:42] that's all I have to say. No and you're right in others in other cities and other towns

[1:49:47] . It's not usually the city or the town but it is a property

[1:49:51] owner will go through the process of building. The elements of a food truck,

[1:49:56] parking them and allowing people to lease those out. Right.

[1:49:59] and so um, in those cases that's fine. But it's it's it's when people

[1:50:05] start setting up in higher numbers especially um without the infrastructure in place

[1:50:10] that is necessary for the state.

[1:50:12] >> and we have. >> to be fair to you, right?

[1:50:14] I mean if you were investing I mean same thing if you have a food ruck and you pull up and

[1:50:17] you compete with another small business, right, that spent $5 million to buy a building and

[1:50:23] put in, you know, all of the infrastructure and all the things required and hooked up

[1:50:27] to water and sewer and right like we have to be fair o those businesses as well.

[1:50:31] and so again that's why the food truck thing it needs to be temporary.

[1:50:37] if it becomes permanent well. >> then.

[1:50:39] they need to be under. The same regulation. To be fair as a permanent

[1:50:44] business is nd. That's that's the. Difference I think I don't know

[1:50:48] commissioner if I'm wrong but. Yes there. Is the.

[1:50:51] >> battle. This is the. Battle that.

[1:50:52] >> we're that we're trying to figure out because I love the entrepreneurial spirit of a

[1:50:57] food truck, right? I mean I love the hustle that something that people can go in

[1:51:00] and do that but it needs to stay in that frame of being a temporary process versus when

[1:51:07] you become permanent when you set down your stuff and you stay.

[1:51:10] >> there 24 hours. >> a day and you hook up to

[1:51:12] electric. As soon as you hook. Up to electric.

[1:51:15] in all honesty. Now that infrastructure. Requires a different set of

[1:51:19] rules. Um.

[1:51:20] >> you're no longer mobile. You're no longer. Running off your own power uh,

[1:51:25] in essence. Right. And so.

[1:51:28] we're we're. Trying to figure out what's the right balance to allow those

[1:51:32] operators to have. To have that and then also be fair to our uh, local

[1:51:36] businesses as well that have to come under, you know, excessive uh, some in some case when you

[1:51:42] have to run water and sewer and do all those things and parking lots and site plans and drc

[1:51:47] and. Right right.

[1:51:49] >> so and. >> so we're figuring.

[1:51:50] that out the. Food trucks have to find a spot and not only do they have to

[1:51:54] find a spot, they have to find a spot that needs to be compliant.

[1:51:57] okay yes I. Know that. That's there.

[1:52:00] >> so another thing that's their responsibility. Absolutely.

[1:52:02] when their whole point was being mobile so there should be certain spots that should

[1:52:07] already readily be available for those mobile. Trucks but private the private

[1:52:13] sector the private. Sector is not government is. Not government.

[1:52:17] >> job right. >> it's right it's not but not

[1:52:20] everybody's complying. And the main area that we have here which is downtown market

[1:52:25] obviously someone said you have to connect and they shouldn't be connecting.

[1:52:28] so we. What do they have. .

[1:52:31] >> yeah no they can kind of throw it out. Yeah right.

[1:52:34] you can. Connect downtown because it's set up for that.

[1:52:36] and there. >> are other places that could

[1:52:38] be set up for that and and they're listen that one at some point a property owner will

[1:52:43] find it profitable enough to set up like a mini you.

[1:52:48] >> know. Rv park where you have. Slots and people ould come in

[1:52:51] there with their food trucks and come in and set it up and if they want to do that.

[1:52:55] that's fine. But you.

[1:52:56] >> can't do it. Set up a uh a temporary uh or a permanent food truck park

[1:53:01] without the nfrastructure in place. So um so those are the

[1:53:05] differences. Thank you.

[1:53:07] >> thank you, mister goody. Give me going 1531. Southeast 36th avenue.

[1:53:12] I'll be brief. This is a really good public hearing.

[1:53:14] um. >> I recently.

[1:53:15] got appointed ldc. And attended their last meeting on this issue and.

[1:53:18] frankly I didn't. Realize as.

[1:53:20] >> many issues as they were. It looks to me like y'all had to decide a couple of things or

[1:53:24] get staff to work on them. One is this a1 zoning issue. The second is the electric

[1:53:29] hookups but my concern is not related to that particularly my concern is that it appears that

[1:53:34] we are headed to a scheme that's going to require more special use permits.

[1:53:40] um, you already have capped those at ten a month. Um, I'm going to ask you all to

[1:53:46] be thinking in the back of your heads just not right to this issue about perhaps increasing

[1:53:49] that cap. We've been hitting that cap lately and postponing

[1:53:54] applications because of it. Now we're going to put another layer on them including I think

[1:53:58] what's going to be a rush to get more than two uh uh, food trucks approved on the existing

[1:54:05] site. So that's ust for y'all to be. Thinking about later.

[1:54:08] but I did want to mention it because it is of a concern. My last concern is it's really

[1:54:13] I'm not here for this. It's really tough. Listen to this.

[1:54:15] I'm a big food truck fan, can I ask I know e're not supposed to speak to them, but.

[1:54:19] I know their. Trucks set up outside that we could.

[1:54:22] >> go. After this year.

[1:54:23] >> you know. >> you wouldn't.

[1:54:24] it would have happened. Somebody would have.

[1:54:25] >> brought a thought that they. >> would have brought us some

[1:54:27] barbecue. Ice cream or some. Coffee and you know what I

[1:54:30] mean? You know. Just kidding.

[1:54:32] thanks, jimmy. Thanks.

[1:54:33] >> okay. >> he might be kidding, but I'm

[1:54:35] not because I'm getting hungry and we all know how grumpy I get when I get hungry.

[1:54:39] all right, we. Got a lot I can. Tell you.

[1:54:41] >> there was a lot of. Questions there. Let's talk through.

[1:54:43] okay? Let's talk through the questions that the he the

[1:54:46] folks had and and let's um. And let's work on bringing back language that helps o address

[1:54:54] these things and and uh and I think to um I believe was carmen's point we may need to

[1:55:01] differentiate these produce stands and I think that point may be well taken, uh, because.

[1:55:08] I think that helps us to address the ag issue as well because the.

[1:55:12] farm stand on. >> a on a piece of ag hat

[1:55:14] produces there ain't nothing we can do about that that needs to be held in right by by by the

[1:55:19] farm act but a food truck in there maybe we need to be looking at so.

[1:55:23] and mister chair yes what I was going to talk about earlier but now that we've are we done with

[1:55:27] public comment. >> as far as I know yes.

[1:55:28] there was no one else right. Got everybody yes ma'am. Okay we're done.

[1:55:32] so the other thing that I think staff needs to do is they do need to take a look at an ldr,

[1:55:36] see if they have to if they have another meeting before our next public hearing because

[1:55:40] this is I. >> don't think so.

[1:55:41] I mean not on this. We may.

[1:55:43] >> have to push this we might have. To push this one off.

[1:55:46] but we need to look at the regulations that dpr does require and instead of having

[1:55:53] that incorporated into our land development code, that could just be a sheet that goes along

[1:55:58] that you could say referencing that they have to meet all the requirements of dpr and you

[1:56:03] reference what those requirements are instead of making them separate elements

[1:56:08] within the land development code. And also take a look at what

[1:56:12] all that what are the requirements from dpr are. It ight already answer some of

[1:56:20] the stuff hat we're talking about right now. So I definitely think there to

[1:56:25] be a whole lot more work on this before it's brought back.

[1:56:27] >> and I would. I do we need.

[1:56:29] >> to have that. Some of those references from dpr.

[1:56:31] >> in. Our ordinance or no. Not if you just say.

[1:56:36] blanket statement meets requirements.

[1:56:39] >> just like we have. Yeah to.

[1:56:41] >> the state. Statute correct? Yeah like that's adequate.

[1:56:45] all right can. And for one to as they change we wouldn't have to go back and

[1:56:50] amend. This correct. So a couple of things.

[1:56:54] a lot of notes here. Um connecting to electric. The for signs with the same

[1:57:03] with the size um as. No more no larger than six square feet in size um site

[1:57:11] restrooms for two or more employees and wash stations. Um all.

[1:57:15] of that has been in the code since 2013 with all of that came into the code and um.

[1:57:23] so but just to answer the questions on the signage right is is the sign on the truck

[1:57:28] counted to the four or they can have the for like basically yard signs going down the

[1:57:33] street or flags on the truck or whatever like what counts as signage let's just so.

[1:57:39] flags and signs are the same thing. Okay no code.

[1:57:44] um if it's a menu board on the truck. Yes sir.

[1:57:47] I don't believe we view that as a we do not really view that as a sign.

[1:57:51] common sense would say wanted. I wanted just to make, um confirmation code enforcement

[1:57:55] since they're the ones I'm. Sure no I want to make sure. Um, so we're looking at just

[1:58:00] the actual signs that are posted out and they can't be in the right of way and they can't

[1:58:03] be in the easement. So if you have a flag that counts as one if.

[1:58:06] you and then you can have three more signs yard signs or whatever, right?

[1:58:10] >> as long as they're under six feet and six square foot and signs.

[1:58:13] um um so on the ice um so just one note um the nest over at kolesar that's being.

[1:58:21] built um, when they came in with their pd modification most recently they included food

[1:58:26] trucks as a and they put in parking and pedestals for those food.

[1:58:31] >> trucks to be able to come in and hook up right. So so it's.

[1:58:34] made for that. So yes they went through the process to do that.

[1:58:37] um anything that has a power pole connected to electricity they would need a special use

[1:58:42] permit. More than two trucks on site. They need a special use permit.

[1:58:46] uh, we can look into if they were going to have it for the weekend and they're going to

[1:58:52] have a bunch of trucks over. That would be a special event permit.

[1:58:54] ideally the church school apartment complex business has filed the appropriate package

[1:59:00] for the special use permit and they can or special event permit and they can do a

[1:59:05] special event permit once per quarter. Um so if it but and answer the

[1:59:11] young lady's question if if they have four trucks on site at the church.

[1:59:15] they can. >> they can have a special

[1:59:17] event if they're doing something per quarter or for whatever.

[1:59:20] right. And then they can have that many otherwise they have to

[1:59:23] go down under two if they're going to have them there. And that one the most recent

[1:59:28] one. So they.

[1:59:28] >> also have. The four trucks produce stand and a electric connection.

[1:59:32] um so that one they would they really need a special a special use permit because they're

[1:59:37] there every week you know they're not moving they're just.

[1:59:40] they're they're just they're okay. Um and.

[1:59:44] ken are we calling I mean connecting to electric. We're I mean, that's as simple

[1:59:48] as running an extension cord from an existing. Yes.

[1:59:51] >> yeah. >> and that's the way we've

[1:59:53] been. Um.

[1:59:55] >> doing the regulations series 2013. So is that a building permit.

[2:00:04] issue or is that a building and safety issue? Yes okay.

[2:00:08] and we would require special and for. The rose barn that's inside the

[2:00:14] city of ocala. So right there code nforcement will take care of that if

[2:00:17] that's an issue. We're just talking about marion county right.

[2:00:19] and and understanding that. Um food truck vendors. While the workers are inside

[2:00:26] the truck, most of their activity is outside and in most of you know, most of our, uh,

[2:00:32] commercial zoning we require everything to happen in an enclosed building.

[2:00:35] so there's also a concern when it comes to these regulations is we're now allowing outside

[2:00:43] uses outside tables. Um, uh, one question that I'll have to look into is.

[2:00:49] uh a. Couple of them come up and they said they have generators.

[2:00:52] it seems like running 24 seven. Um especially in like one like so if somebody had a commercial

[2:00:59] vehicle the first regulation we put on it is no commercial refrigeration.

[2:01:03] no. Yes.

[2:01:04] >> yeah. Um so that's a that is a concern because you don't want

[2:01:07] that noise to be a nuisance to the neighbors and residential or agricultural areas.

[2:01:13] u. >> when it when we're looking

[2:01:19] at when we're looking at the um notarized permission robin and I were speaking and she

[2:01:26] mentioned if we were to get written permission from the owner with the owner's contact

[2:01:31] information. So it became an issue. What I thought would be.

[2:01:34] good let's let's just be able to check let's contact the owner okay.

[2:01:38] so they don't need it. So we did hat they don't need a notarization we just need to

[2:01:42] be able to contact the owner if it seems a little iffy right.

[2:01:45] >> so if we approach if code enforcement approaches somebody on a piece of property they

[2:01:48] just need to be able to produce proof that they got permission from the property owner with a

[2:01:51] name number and a contact information. Right I like that and that's

[2:01:55] easier. For the owner and commissioner. Yeah it probably need.

[2:01:58] >> to be more than just the owner. It could be the lease holder.

[2:02:01] it could be the agent. One of those three people who represent the property.

[2:02:05] it hould. >> be satisfactory right?

[2:02:08] yes foreign language for that. And as.

[2:02:11] >> far as. It having to be notarized. I think he just pulled that

[2:02:13] out. >> yeah we would pull that out.

[2:02:15] so an authorized signature. And authorized like there's. Some business folks.

[2:02:19] um or even if you wanted to do it from the if somebody was leasing from a property if they

[2:02:25] if they signed off on it and it was an issue we would then go after the property owner.

[2:02:29] right. And then they would have to go after their tenant and.

[2:02:31] or but at least. >> at least we know that the

[2:02:34] food truck got permission from somebody right. And so.

[2:02:37] that's that's the whole thing. So at that. Point it's not the food.

[2:02:39] truck exactly. Oh it's. Somebody else doing.

[2:02:42] >> something um talked about special events maintaining mobility.

[2:02:49] we discussed that early earlier and we I think that would help you know for the vehicles

[2:02:55] as long as they an maintain mobility and they can leave the site if needed to especially in

[2:02:59] cases of emergencies. Um, there ay be a desire to rework the a1 portion a little

[2:03:07] bit because if there are trucks there just parked there the whole time I don't know what

[2:03:12] you want to do with that. Um.

[2:03:14] >> you ant them to come and go every day? We don't have a they can only

[2:03:18] be open from this time to this time.

[2:03:21] >> I. Think I think that I'm not sure that they should be allowed by

[2:03:23] right and they want anyway I think that's probably the bigger conversation.

[2:03:27] and okay and then going back to the um the zoning classifications, I did forget

[2:03:31] to mention that we are proposing to add to our c1 and g2 is those three zoning are

[2:03:38] more commercial in nature or industrial. Yeah.

[2:03:41] so I think if we take out the a's then we'll be fine. And do the a's by special use

[2:03:47] permit. Yeah they got to go especially if.

[2:03:49] >> they want to be. >> there for more than you know

[2:03:51] like a weekend right. And for now we'll add that language to this so that it's

[2:03:55] at least listed. I think so um unless the board has a.

[2:03:59] different due to the you can't ask for a special use permit in a1 unless it's specifically

[2:04:05] listed somewhere so we can add it here. And list it so that they

[2:04:10] can apply. Yes okay. I think that would be better.

[2:04:12] and then when we come back to the a1 here in a little bit that ould be a listed special

[2:04:16] use permit request. Mhm mhm. And what.

[2:04:19] wre we adding into our c1 and. Greek government use. So right.

[2:04:26] there yeah yeah. >> so that allows them to

[2:04:28] operate in our. Parks or in. Some other event or.

[2:04:32] here at a library okay at fire station if they wanted to do I mean when I was a kid they did

[2:04:38] the halloween at the fire station out in the florida highlands and.

[2:04:42] >> right you want to make sure that that's available. When it comes to produce stands

[2:04:51] so we don't allow permanent structures through the the roads temporary uh, roadside

[2:04:56] vendors. But if it's a produce stand on a farm that's under the state

[2:05:01] statutes, right. They have to get permits or that stand everything else.

[2:05:05] we don't allow for a permanent structure. However, if it is a temporary.

[2:05:08] tent pole barn facility or temporary structure they do need to get permits and that

[2:05:13] might be for like your. Um christmas trees and stuff like that when they put up the

[2:05:18] big tent for the christmas trees. I don't think we see a whole

[2:05:20] lot of those in the county um anymore mostly. Populated area.

[2:05:27] yeah they do have in town but. Yes, I don't know if we do any in the in the county anymore I

[2:05:32] think. So but that's been in the code since 2013 okay.

[2:05:39] and then we need to address the the gentleman's question about you.

[2:05:42] know the. The food inside the trailer. So yes.

[2:05:48] right now it says overnight food vegetables produce and that storage is not permitted.

[2:05:53] did you. >> mean.

[2:05:54] inside the trailer or. >> did.

[2:05:56] you we can clarify if you would like to. Put it.

[2:05:58] >> we need to put contained must be contained. It is not restored outside or

[2:06:02] whatever. Then t becomes a question of if it's a do they have a

[2:06:06] generator to keep it nice and cool. You know.

[2:06:09] > where are they located, what's adjacent to them kind of question and that's here I

[2:06:15] understand it was a question you know you know we regulate but we do regulate publix at

[2:06:19] mcdonald's the same when that came up. But so we're trying to treat

[2:06:22] everybody the same here. You know we're not saying if you're in on a highway 200

[2:06:28] corridor and be two away from all the way from any residential uses, you do this

[2:06:33] but if you're out somewhere where in the in the rural areas next to a bunch of homes then

[2:06:39] you do this. We don't have that and built into this.

[2:06:41] so well yeah but. There's also I mean in essence listen if they want to run

[2:06:46] their generator and it's not causing an issue. Right right.

[2:06:49] because there's a lot of them out there that are really quiet now.

[2:06:51] oh yes right. And so they may I've run to several of them they make no

[2:06:55] noise. Yeah so it could be a non-issue.

[2:06:59] right that's true. But if it is an issue and it's audible off the property then

[2:07:03] we take care of it through the sound ordinance that generator can't run.

[2:07:08] I think we can do it that way. >> so you're just going to put

[2:07:11] no outside. No outside overnight. Food vegetable produce it's

[2:07:17] better for storage. >> there is going to be no

[2:07:19] matter which one of these whenever they close up the food truck they're going to have

[2:07:22] food in. >> it.

[2:07:23] at ome sort right? I mean that's okay right?

[2:07:28] >> I mean how do you how do you not have something in there? Okay we can put it outside.

[2:07:31] and robin mentioned that this may be covered under the dpr. I bet you most f it is.

[2:07:37] can we just check that? Yeah. Before we.

[2:07:38] mister chair, can I just. Make a suggestion? Let's have staff go back and

[2:07:43] look at everything that we've. >> asked.

[2:07:45] them to look at and bring this back revised. It's way too many changes.

[2:07:50] >> there's a I mean and then we're going to have to have another we're.

[2:07:53] going to have. >> to.

[2:07:54] have some more. Time to look over it. I mean they have a list of all

[2:07:57] the questions and and all the concerns. We're trying to work through

[2:08:00] this on the dais and. Yes it needs it needs a lot of work.

[2:08:07] >> all right well. We'll we'll take it back going to be.

[2:08:08] able to dated. September 14th.

[2:08:12] >> no no but. >> I think they want to send it

[2:08:14] back so send it back and then we can maybe hear this in october or something like that.

[2:08:18] we can we will have I don't know. In the land development codes

[2:08:21] meetings. We will have one drc meeting before the september.

[2:08:24] >> 14th okay. And we can put this on there. Put it on there and see what we

[2:08:28] can do. Then we if we come. Back if it's ready bring it

[2:08:31] back. If it's not we'll. Bring it back and.

[2:08:33] may I squeeze. >> it I mean yeah give him some

[2:08:36] elders he's looking at a lot. Yeah I wouldn't say it's to try and squeeze this.

[2:08:39] okay o we'll we'll. Just get let's get time to work on this.

[2:08:42] we'll put it back into the cycle let it work through drc and come back with it.

[2:08:46] yeah and I. >> would say too I would give

[2:08:48] all of the people that have come out today make sure that we have all their contact

[2:08:52] information so that they know when that ldr rc meeting is happening so they can come and

[2:08:57] be a part of the process. >> well they've all been here

[2:09:00] today and have heard what we're trying to do and it's not no one's trying to shut them down

[2:09:04] or hurt them. So if you have suggestions about how we can fix the

[2:09:08] problem that we're trying to fix without impacting you know the people who are doing it

[2:09:12] right, send us those suggestions of how we can how we can do that.

[2:09:14] yeah. >> can you have somebody from

[2:09:17] staff meet everybody out in the lobby when we move into the next portion of our public

[2:09:21] hearing so that we ake sure we have everyone's contact information?

[2:09:24] can someone take one of these sheets and give it to who's presenting next, who's who's

[2:09:31] not presenting next. I'm presenting next them. There you go check and grab

[2:09:37] this. I know.

[2:09:41] >> but then we can we can get the information on there and get a copy.

[2:09:43] >> of it. Thank you.

[2:09:44] >> thanks 14. I think he's got people out there.

[2:09:49] all right so commissioners we're going to send this back to ask you to

[2:09:53] work through. Yes yes. All right.

[2:09:54] item number one of six. Moving to.

[2:09:58] >> number two moving to. Number three. Oh yes three.

[2:10:05] I just. >> is reminding us what.

[2:10:08] we have in. Front of us. Yeah why how did this happen.

[2:10:13] this was a. >> yeah how did we end up with

[2:10:16] all of this with a scheduled to our public hearing. Because we should have been

[2:10:21] better. We're counting on you to be better.

[2:10:23] no way. This should not have been scheduled like this is what I'm

[2:10:28] saying. Um.

[2:10:30] >> should have been taken in a couple of different. We can take it differently.

[2:10:33] all right. >> so thank you.

[2:10:35] all for being here. We appreciate it. Um.

[2:10:38] all right, you guys need. All good. We need a couple.

[2:10:42] minutes now. We need to move along. Let's go.

[2:10:44] all right. >> henry, deputy director,

[2:10:46] growth services, this is section 4.3.30. .

[2:10:53] >> we were scheduled for. Uh, this is a this would be a new section under, um, special

[2:11:00] requirements of zoning. Spoke shops. So the.

[2:11:06] one note hat we would like to say from what was published versus what's here today in the

[2:11:12] red you'll see. Um we have changed the language a little bit just to include

[2:11:20] schools, licensed daycare center, church place of worship or public park to be consistent

[2:11:26] throughout the whole document so that they're in the same order.

[2:11:29] and every time one of these items were mentioned all of them were mentioned and we

[2:11:35] mimic this language off of the separation for alcohol.

[2:11:40] >> sales or. You know, for on-site consumption or offsite

[2:11:43] consumption and. Um.

[2:11:46] >> you want to go through this line by line or. Mister just.

[2:11:51] >> want me to summarize what. I'm good with.

[2:11:53] >> you can just. >> give us a summary.

[2:11:54] I just have one addition I'd like to include and that would be to insert language for the

[2:12:01] synthetic kratom. That that's not in here. Yeah that was one of the things

[2:12:07] commissioner stern that I wanted to do as well. Um, except that I think I think

[2:12:12] trying to put synthetic in there is going to be an issue. I'm okay with just saying

[2:12:17] kratom in general at smoke shops next to schools. I don't care if it's that way.

[2:12:22] we don't get into this thing of having to have code enforcement go test if this is synthetic or

[2:12:26] not. Okay there.

[2:12:26] >> you go. >> yeah I'm fine.

[2:12:28] oay so this is. >> it's.

[2:12:30] not banning it. It's just. Only in these shops next to

[2:12:34] schools in these places where. You want that item to only be sold in these two shops.

[2:12:38] so what you're asking. Not to be sold in these shops in these locations.

[2:12:43] not to be sold in these locations. So where it says no commercial

[2:12:48] establishment use for premises selling consumption of tobacco ,tobacco, tobacco products,

[2:12:53] tobacco paraphernalia or kratom . Okay exactly.

[2:12:55] as my thought. But yes. So how does.

[2:12:58] that goes? I fall into place it with a c store.

[2:13:04] that already in those locations . Well those are those are

[2:13:07] grandfathered. We can't do anything about that.

[2:13:09] it's just that there will be no new establishments. But I would note though that.

[2:13:12] um ike we had in the discussion last week uh, you know, we're waiting on dea to

[2:13:19] do whatever they're going to do but there's currently the statute the 500.092 that all

[2:13:26] florida statute that already bans sale of even the leaves or t to people under 21.

[2:13:33] right. >> so if it's close to school

[2:13:35] presumably all those kids. Those tobacco though. Yeah and.

[2:13:39] that's the. >> that's the.

[2:13:41] >> point okay. Back when tobacco products are not supposed.

[2:13:47] over 18 year. Why why do we I mean why. Do we.

[2:13:52] >> need to I'm just out of curiosity why do you call out. Great freedom?

[2:13:56] I mean. When you're not calling out tobacco or any other derivative

[2:13:59] of that we. >> are we.

[2:14:01] are calling it out tobacco. >> we're calling out tobacco

[2:14:03] tobacco products and tobacco paraphernalia. Yeah.

[2:14:05] >> and I just want to include kratom after that so that you don't have a standalone kratom.

[2:14:10] I'm not a smoke shop. I'm just selling kratom. Okay.

[2:14:13] >> yeah okay. I see what you're saying.

[2:14:15] > mr.. Sure.

[2:14:16] >> thank you. Yes, commissioner. Um or any of the changes.

[2:14:20] um. Do we have any current businesses that are operating

[2:14:25] that would. Violate these. Changes and.

[2:14:29] is there. >> going to be a grandfather

[2:14:32] clause. Or what. If here is.

[2:14:34] >> a grandfather in here. I know, I know there's one shop this next to anthony.

[2:14:38] it's going to be the one at least that I know of and there might be more but I know that

[2:14:43] there's that because I get complaints on the one and anthony.

[2:14:45] all the time. But is it.

[2:14:47] >> going to be grandfathered? >> it has to be grandfathered

[2:14:49] okay. Yeah so there needs to be some. Line yeah.

[2:14:54] it's so on the item see here I apologize we don't have the. Um line numbers here but item

[2:15:01] c. Yeah it says. Establishments existing.

[2:15:05] um on this the effective date of this code do not that do not meet the above requirements

[2:15:10] shall be deemed preexisting and nonconforming uses so it would just be preexisting

[2:15:15] nonconforming and we would let them live out their business life if they happen to close

[2:15:21] they try to come back later than they would have to follow the code.

[2:15:26] okay okay. Any other questions or comments for staff?

[2:15:30] anyone in the public want to speak on this? Any anyone else?

[2:15:35] mhm. >> come on down.

[2:15:39] southeast 36th avenue I would suggest instead of adding the word kratom that you say kratom

[2:15:44] product as defined in section whatever it was or as defined in florida law because all

[2:15:50] somebody has to do is put a different label on it and say oh this isn't right um this is

[2:15:56] k12 or something. So you need to define what it is with kratom and mr. Minor

[2:16:01] cited the correct statute you can either get definition out of that or you can say create

[2:16:06] product as defined in section. So it's just a.

[2:16:09] >> suggestion. Thank you right mhm. Good suggestion for ra.

[2:16:18] morning. My name is joseph walker. I live at 18820.

[2:16:23] southeast fourthly. Oklahoma florida 32179. And I see we're going to be

[2:16:30] talking about smoke shop just also going to include alcohol places too around schools and

[2:16:35] parks. That's already in place that's been in place yes sir.

[2:16:39] well I. >> my my biggest problem is.

[2:16:41] they don't maintain the properties. We have.

[2:16:44] them in the forest area. We have. People they buy.

[2:16:48] >> the liquor there and they go on to a county park. And also on our first.

[2:16:53] slide library. >> which is coming property and

[2:16:55] grant can do the drugs back in there. Are we going to have.

[2:16:58] something in here that said. We have to they.

[2:17:00] >> have. To. Maintain the properties.

[2:17:02] along side here. And then when in push from beginning to get from these.

[2:17:06] so-called stores and stuff. That don't comply with the. Laws on.

[2:17:11] it we have garbage, we have litter, we have them you know, we have fences down because

[2:17:17] they're not repaired. On a here. And we need to have something

[2:17:22] called here says we have to maintain properties on here even with the alcohol stuff

[2:17:28] here so we don't get the kids to start. Happening and.

[2:17:31] >> there's no reason why we don't have an enforcement. Of litter laws and garbage laws

[2:17:35] in here that require them to maintain the properties. You know, it just ain't the

[2:17:42] smoke shops only it's and liquor stores also it's the. Whole that about that issue

[2:17:48] mr.. Um walker thank you and mr. Chair if you don't mind me

[2:17:53] saying um yeah that that's not necessarily what we're addressing here today in this

[2:17:58] particular well. >> I.

[2:17:59] understand what I'm looking at. What I'm looking at is here is we have an orange n there.

[2:18:05] it says when they don't maintain the property and let illegal activities go on here

[2:18:10] we can pull their license and get it out of here. That's what I'm.

[2:18:14] looking at. >> yeah.

[2:18:15] >> and mr. Walker, we can enforce, you know, regulations and littering and

[2:18:19] loitering and all that kind of stuff on their property. But you know we can't if

[2:18:24] somebody walked across. >> the street.

[2:18:25] I don't know how you would enforce that on on a county property enforce that against

[2:18:30] them. The law says e ain't supposed to have liquor on the property

[2:18:34] anyhow and our our county property and nobody nobody enforces it.

[2:18:39] so well we enforce it when we see it or we get a complaint. So thank you for your comment.

[2:18:45] all right commissioner. Hey I got one more I mean is this going to cover tobacco?

[2:18:51] is this going to cover vape vape products I mean is that considered tobacco and.

[2:18:57] yes but we can clarify just to be sure please we can. Because I think because that's

[2:19:03] because that's you know, I just says smoke shops and is this tobacco tobacco products

[2:19:07] tobacco paraphernalia I don't know f vape products are considered tobacco.

[2:19:10] um, now that we're talking about definitions and statute and stuff that's what brought

[2:19:14] it up. The vape part I think is even more so the the concern if

[2:19:18] someone were to just say well I don't have any tobacco, I only have nicotine products.

[2:19:22] um, that's actually more of. >> the issue that.

[2:19:26] >> you're. Trying to. Capture is all.

[2:19:27] these all. >> these.

[2:19:28] color off and you look at that for us please. Raspberry flavored vapes.

[2:19:31] and stuff. We need we need a definition for that.

[2:19:35] we I think you should do it. If we're going to get into legal definitions.

[2:19:44] all right. >> any other questions or

[2:19:47] comments. Mhm.

[2:19:48] >> and can you get from us. I'm good. All right.

[2:19:50] so move this on to the. September chairman. Uh yes.

[2:19:54] uh what mr. Walker was just referring to um uh is here any chance of incorporating ome of

[2:20:02] that wording in the litter ordinance in terms of responsibility keep things

[2:20:09] clean property requirements? Um, that would be the place for it.

[2:20:14] yeah. Maybe a better place for it. Associated not here but if we

[2:20:20] could just look at that and see if it could be as simple as and inserting something in that

[2:20:26] ordinance. Any other questions or comments ?

[2:20:31] commissioners you go ahead and move this on. September september 14th all

[2:20:35] right we're good to go. All right number four. Uh good morning

[2:20:45] cmmissioners jim cooler your county's landscape architect. Uh uh, number four is actually

[2:20:50] definitions and if if I may entertain you of moving trees ahead of definitions because

[2:20:55] there's some discussions within the tree code that will affect definition.

[2:20:58] oh that's a. >> good point okay.

[2:21:00] could move on to number five. Yes, sir. Uh, that'd be great.

[2:21:03] um. Yes, sir. Uh.

[2:21:06] >> uh, commissioners, I did provide you with a packet on the left side of each one of

[2:21:18] your, um, workstations there that had some, uh, hard copies .

[2:21:22] these were these are and the clerk has this the county administration team has it

[2:21:25] as well. Um.

[2:21:27] >> staff went through all of the ldr changes. We found a couple of things

[2:21:32] that we think we should adjust. Um, and we can go line item by line item through uh, the drc

[2:21:38] version so we can uh, tell you where we align and uh where we do not align.

[2:21:43] okay. >> uh so we're going to start

[2:21:46] first with um tree protection. Uh. Hans got.

[2:21:51] >> this up on the screen and this includes our our edits as well.

[2:21:55] um and I'm going to use the term support or not support when we come across some of

[2:22:00] their changes for you. So we're clear and then we're going to just keep on moving

[2:22:03] okay. Uh so your first one is n line uh page one and line b or

[2:22:09] excuse me on line 11 uh with the word trees uh being replaced by new we support

[2:22:14] that. Um go ahead scroll down the bottom can uh here's the, u

[2:22:21] agricultural clawback. We support the removal of that as well.

[2:22:24] um, you're on ine 30 here. It's that item d yep. Uh, we're going to go to the

[2:22:31] next page line three here's a proposed change. Um, so the tree removal of

[2:22:36] trees that have a dba of less than the current code which was approved on july 7th or eighth,

[2:22:43] uh, this commission has t as 20in but going back through this code uh, and shade tree

[2:22:50] credits and everything else and the other credits that they're being they're asking for uh

[2:22:54] we're proposing to go back to the 2013 definition of regulated tree going back down

[2:22:58] to ten inches. Uh, 've talked o some of our local landscape architects and

[2:23:03] they're at all that we actually raised it to 20. There's a lot of good trees

[2:23:07] that are between 10 and 19in um that we should be preserving as well and count those

[2:23:13] as trees that need to be re uh re replaced so we support the the strikethrough of as in

[2:23:21] conservation and the add of as replacement. Yet the change that we're

[2:23:25] looking for today would be to go from ten inches or may 20th inches down to ten.

[2:23:30] uh and there's more discussion about that and some of the future tables to help anchor

[2:23:36] your decision. Um what um know we're going to get there at some point, but

[2:23:41] just since we're here now. Um.

[2:23:43] >> hen we do the the the credits for the trees, what size do they start up?

[2:23:47] uh, right now they're being proposed from 4 inch to 9 inch and then above and I think

[2:23:53] that's where the disparity is if we're going to give credits for shade trees uh, reserving

[2:23:59] four inch trees we should regulate at ten inches and move over.

[2:24:03] thank you. >> and that's what I was going

[2:24:06] to allude to in the future. Bt thank you. Uh, commissioner mcclain.

[2:24:09] uh, the next change, um, is on line 19 of page two we support um we that is a staff edit uh,

[2:24:17] you see the strike through uf ifas assessment of non-native plants in the landscape code we

[2:24:23] did shift over to the florida invasive species council. Uh, so I just made that change

[2:24:29] to be consistent between trees uh, the the tree section and the andscape section.

[2:24:37] um this next section here which says the area on line 30 uh, we support that uh we also support

[2:24:46] the item uh in five except for the word as non-viable. Uh, we'd prefer to have that

[2:24:53] removed. Uh, but the rest of the the additions and deletions in that

[2:24:57] section are so we support. There's no changes on page three.

[2:25:05] that's all about the tree protection and the critical zones we get into.

[2:25:10] um page four um item 14 the county's landscape architect designee we do we are proposing

[2:25:19] a change um in this section because this relates to the. Pre construction inspection and

[2:25:27] the final tree inspection at the bottom of this this uh article um so we can we'll get

[2:25:35] to that and refer back to this. But what this is actually showing is that a pre clearing

[2:25:41] grubbing grading on site review of all required tree protection barricades shall be conducted

[2:25:47] in accordance with section 6.7. 12 which is at the bottom of this section and required

[2:25:55] certification shall be provided to the county's landscape architect or their designee.

[2:26:00] ecuse me uh on that typo prior to any clearing grubbing grading operations.

[2:26:07] um so that would effectively replace their proposed uh if the county fails to inspect

[2:26:12] within ten days, they can proceed with. The work we can get.

[2:26:16] if you'd like, I an jump down to 6.7. 12 to see how that ties in.

[2:26:22] uh or we can get there. I would discuss it when we get there and then follow back up

[2:26:26] with that. Either way I'm prepared. Yep.

[2:26:29] >> go ahead. You want to.

[2:26:30] >> go to it. Please jump to it. Commissioner mcclain would like

[2:26:33] to see it. >> yes, sir.

[2:26:36] what page is that on? Uh, so it is on page. Where are we at here.

[2:26:43] make sure age ten. Page ten. Page ten I don't have the page

[2:26:47] dividers up. Thank you.

[2:26:48] >> there we go. So, um, so what we've done here uh, with the re-construction

[2:26:56] remember this was something that we had as our team would go out and do the

[2:27:01] pre-construction inspections. Uh, dr rc came n with the proposal uh or the

[2:27:08] appropriately licensed design professional designated by the applicant so the or in that

[2:27:14] would pretty much default to them using their la or their engineer whoever that

[2:27:18] pofessional is. So what we're proposing is to say uh to remove the county's

[2:27:25] landscape architect, our team's job of going out and do those inspections and putting it

[2:27:30] solely on the appropriately licensed design professional whether it's the la or the

[2:27:35] civil engineer for the project . And then they would certify

[2:27:38] that they've completed that post or pre-construction through a certification signed

[2:27:43] and sealed letter to our department saying yes they have done that.

[2:27:47] they have inspected the tree barricades, they are installed prior to construction that

[2:27:52] takes us out of the mix. It does not delay anything on our end.

[2:27:56] we are not uh. Cog a block any cog in any wheel.

[2:28:01] um it also helps defer liability uh, towards the county and that's important.

[2:28:07] um, the same idea is in the post construction um opportunity here where we've

[2:28:15] also removed the county's landscape architect and our designee and put it solely on

[2:28:21] the design professionals license. Sure.

[2:28:24] um, there is an option that we do have provided an item c in lieu of applicant designating

[2:28:31] their appropriately licensed design professional to onduct the preconstruction inspection

[2:28:36] or the final inspection. They may equest us to do that for an appropriate fee and our

[2:28:42] fes resolution. That's good.

[2:28:45] >> hey on the pre-approval. >> yes sir.

[2:28:48] besides just a letter can we also have them provide you know the documentation that

[2:28:53] it was done for photographs? I mean typically they had to do that anyway right?

[2:28:58] I that may be a little redundant if they're if they're providing a letter on their

[2:29:02] letterhead that signed sealed then uh that's good enough. We'll put that into the epl

[2:29:07] system will be on the record for that parcel and then the same thing would happen at the

[2:29:11] final okay. >> so if.

[2:29:13] >> they've disturbed any root zones or if they've created any danger positions or these trees

[2:29:16] are no longer viable that's that's for them to take care.

[2:29:20] >> of. Okay I'm good.

[2:29:22] >> with that. So it all ties together back up with the original section 6.7.3

[2:29:27] and we're going to go back to uh page. We're going to jump to page

[2:29:32] five then um which starts off with some uh of the shade tree credits that we were talking

[2:29:40] about just a moment ago. On the table. Ys, sir.

[2:29:43] there's a couple of words up here. Uh, some changes we support all

[2:29:46] of these changes. You'll see assessment substituted with the word

[2:29:50] evaluation which we are fine with. Uh other other a little clean

[2:29:55] up in here is all good. It's been very helpful. Jessica and her team have been

[2:29:59] great with some of these changes and made everything a lot more consistent.

[2:30:02] um, so here's the shade tree credit table. Um, and you can see that they

[2:30:08] had gone down to 4 inch to 9 inch on getting credits for shade saving trees that small.

[2:30:16] if we're giving people credit for saving trees that small, then let's make sure that we're

[2:30:21] at a decent level for protecting and regulating trees .

[2:30:25] um, even with the proposed uh hey, they're only going to get credit if they meet a certain

[2:30:31] standard. You can see that sub note underneath the table it would

[2:30:35] have read to receive credit preserve shade trees under ten inches gain uh shall be uh

[2:30:42] florida number two quality or better established by grades and standards.

[2:30:45] so that means their la or their engineer which I've cautioned them about is going out and

[2:30:51] evaluating every tree as a potential save if you just lump them in is regulated trees at

[2:30:57] ten inches it over you've automatically drawn the line at ten inches.

[2:31:01] anything below ten inches you can remove without without permission.

[2:31:05] I saves a lot of time, it saves a lot and. It removes lot.

[2:31:08] of confusion in the shade tree and the credits and the replacement requirements.

[2:31:12] put remove the 4 to 9 yes. >> yep so our suggestion was

[2:31:16] remove 4 to 9 and then they did consolidate the sizes. So yes.

[2:31:22] you're good with that. Yes sir.

[2:31:23] >> yes I am very um and they did consolidate the sizes for trade you credits from uh 10

[2:31:31] inch to 29 inch it's one credit and then you can see down there from 30 to 35 it's two and 36

[2:31:35] and above is three. We're good with all this changes.

[2:31:41] um the the next uh edit here on e they have uh minimum size caliper 3.5in.

[2:31:49] this is just repeating and clarifying what's in the landscape code as this is the

[2:31:54] tree code they brought it in which is an appropriate reference.

[2:31:57] so we support that. Um I am skipping ahead um and just just for reference I make

[2:32:04] sure everybody knows this the black text you see is. What we what.

[2:32:07] >> we already done right? Yep. It's what you already adopted.

[2:32:10] um um 6.7.7 at the top of page 11 or excuse me page 711 um item b is uh, a strikethrough

[2:32:22] request. Uh, the applicant will be required to revise and update

[2:32:25] to the tree preservation information. We support that removal.

[2:32:28] uh, edit um here's one that we do not support and that would be under perrin three the

[2:32:36] protected tree eplacement requirements. Um, that sentence under

[2:32:41] parentheses is in no case shall the replacement tree count exceed 100in per acre.

[2:32:46] that automatically brings us back to the 2013 ode. Yeah.

[2:32:51] >> uh, so we we do not support that addition. And get rid of that.

[2:32:56] we didn't even have it in our other correct. We only do a different system.

[2:33:00] yep. Very good.

[2:33:03] >> yeah okay next one uh. The one below that where regulated trees do not have

[2:33:09] federal exemptions we support that uh we support uh the the part underneath here which is

[2:33:15] permissible the typo correcting that and then the assessment the evaluation um this this is

[2:33:21] another one we do not support per into the specimen tree is located within or materially

[2:33:27] interferes with the proposed building footprint. Uh, this would essentially take

[2:33:31] your specimen tree regulation and throw it out the window. Uh, we'd still believe and the

[2:33:37] opportunity to work with applicants to to see what we can do is a balance between

[2:33:42] their proposed tree preservation and their desire to develop a site and that'll

[2:33:46] work out well, um, we have w've had great success doing that.

[2:33:51] that's what we've talked. About that they have to if they have to remove it and it's

[2:33:54] special and they have to at least demonstrate it. Yes.

[2:33:56] okay. So we need to go back to what we had.

[2:33:57] yes like that okay. Uh bottom of that you see existing change preserve that's

[2:34:05] fine. Um then we get into page eight item 14 uh, removal of 25% of

[2:34:13] the trees cannot canopy ithout the approval of an arborist or landscape architect.

[2:34:17] this is about tree abuse. This is a good addition. We support that.

[2:34:20] okay. >> uh, then we get into item g

[2:34:26] where you see the preservation of existing regulated says noninvasive I would strike

[2:34:32] noninvasive so we don't support that and I would keep the term regulated here um because then

[2:34:37] you start going down into the whole tree replacement criteria uh tree preserve criteria and

[2:34:44] it starts at ten inches. So again we're going back to the ten inches consistently.

[2:34:48] we were okay with leaving that uh as they're proposed but that top section there we would like

[2:34:53] to strike uh noninvasive and leave the term. Regulated.

[2:34:57] >> okay. >> quick question.

[2:35:00] um I think I asked you this before I can't remember what your answer or any of our

[2:35:05] regulated trees considered invasive. No.

[2:35:09] >> they're not invasive anyway . Right.

[2:35:13] >> um, we do require the removal of invasive species within the project area and

[2:35:19] that's been a change in hat it's not.

[2:35:21] >> the entire project site. We're only. Looking for he project area

[2:35:23] within that. So if they're working on large piece of property they

[2:35:27] just want to. Do a project n a corner of it. Then we only focus on the

[2:35:31] removal of invasive species in that. Um it makes a lot more sense uh

[2:35:36] this big uh strikethrough on h item line 15 we support that because uh, through mr.

[2:35:42] gooding's help we were ble to combine h in the eye and clarify that the only change

[2:35:48] that we need to make is on line 20 where it's reference is 20 inch.

[2:35:53] we want to make sure that we're consistent and use ten inch uh the rest of that paragraph we

[2:35:58] support. Uh tree mitigation fund. Uh this was a revision comes

[2:36:06] from county administration uh, that last sentence there this fund shall be used to enhance

[2:36:10] tree replacement on county owned and or managed property period.

[2:36:15] um um that's good. That'll allow for parks libraries right of ways

[2:36:20] whichever we can do to help the county enhance our our ssets. .

[2:36:25] um and then we have we support the tree the strike through the tree mitigation section here on

[2:36:31] item b and then the uh the solid the the point down in paragraph c about the process

[2:36:38] of determining the cost for tree mitigation. That's what we do already and

[2:36:42] we support that. There was a typo in the reference to development review

[2:36:47] it said commission we clarified that with committee and then in paragraph d on the following

[2:36:52] page we had the same the same edit uh committee was uh changed or commission was

[2:36:58] changed to committee. Um and tree maintenance and management uh the we support

[2:37:07] this addition and strike through here appropriate notice and governing documents for the

[2:37:10] community. . Um and then we get into tree

[2:37:15] inspections. We've already talked about 6.7. 12 and how that system would

[2:37:19] change for preconstruction and final uh inspections. Um, that.

[2:37:26] mr. Chair, board members summarizes all the changes that we support and do not support.

[2:37:31] for are e are we keeping that in in 067 12. Um things forgot.

[2:37:40] the pre the preconstruction inspection can be done by any anybody the designee and the

[2:37:47] post. Uh yeah for both of them would be consistent so hey're

[2:37:51] they're um licensed professional can do that. Uh liz just jumped up and

[2:37:56] pointed out. Which section was. That was.

[2:37:57] >> 710 d okay. Um I need to go back up I miss I lew by a rather.

[2:38:07] quickly here. I am back on page ten at the very top line one payment into

[2:38:17] the tree mitigation fund and it was proposed to be shall uh actually it was right.

[2:38:27] proposed to be may and with um . We partial and now they're

[2:38:35] proposing striking shall and proposing may. Yes we wanted to change that

[2:38:40] back. Shall yes.

[2:38:42] >> and then jim can you. Go to um there's another strike through six 712.

[2:38:49] on item c um that's. Through because.

[2:38:54] >> I uh that's right. We do not support that.

[2:38:58] >> we don't support right. So they damage it. They should have to replace it.

[2:39:02] yes. Reconstruction we do ot support that okay.

[2:39:05] commissioners, are you okay with keeping that? It's um.

[2:39:09] page 11. Line for item c. If the tree you know if

[2:39:16] basically the save the tree and then the ree is is damaged during.

[2:39:19] construction there should be. No point is to say right tree and if they don't correct then

[2:39:24] we need to have the ability to replace the tree. Or whatever that is.

[2:39:30] they struck it. Right right.

[2:39:32] >> we want we don't we don't. Support the donation. Right.

[2:39:36] >> okay so that was everything there. Yes okay commissioners any

[2:39:42] other questions for. >> staff.

[2:39:43] yeah can I go back to six 710 the last one that you just did. So you're changing made a shout

[2:39:48] or show why what's. The yeah um. I don't understand what they

[2:39:56] were originally. And just refer to my notes that on my document. T circle-

[2:40:09] so what what that says if it's if it's we already know the difference between shall and

[2:40:14] may but I do believe it needs to stay is may because now you're saying that it has to be

[2:40:21] approved. You want it to.

[2:40:24] >> stay my getting confused. >> yeah.

[2:40:25] you're getting it confused. I was gonna say.

[2:40:28] >> you're sorry. I was like getting enamored with smoke shops and trucks

[2:40:31] and. And we want to make it commissioner.

[2:40:37] either way, if it's not approved by the by then they go to the.

[2:40:40] >> it. Does it.

[2:40:41] >> all and brc would make the. All of this does.

[2:40:43] >> yeah. So may is fine then. Yes ma'am.

[2:40:46] mayo shell would. >> work I'll.

[2:40:48] put a. >> slash there like a.

[2:40:51] there were some relief so we're leaving may as well as the rest of the green line.

[2:40:54] yeah yeah yes. And we're adding. Uh adding anything back.

[2:41:00] there okay. On the other places that we talked about.

[2:41:03] yeah I just heard a comment from the audience that might come up so subject.

[2:41:07] >> for approval. Um.

[2:41:08] >> we'll discuss that in public. Comment okay.

[2:41:11] >> anything else? Okay. Yes.

[2:41:13] guy jim, did you go over he um, comments at the top f page 11?

[2:41:20] yes. >> okay.

[2:41:21] >> you covered then. Okay. Yep.

[2:41:25] >> that was all the inspections okay. Are we good guy yeah.

[2:41:30] all right. I had jessica eisenman signed up.

[2:41:39] getting your not signed up. I'm just kidding. No, sir.

[2:41:45] oh. I think we need to keep things in order here.

[2:41:48] so, mr. Goodwin, can you go sit back down? I was going to preface I was

[2:41:52] going to ive a introduction for her. Kind of.

[2:41:56] >> jimmy gooding 1531 southeast 36th avenue. Um.

[2:42:00] >> I'm glad to say I got two minutes. I'm glad to see that staff's

[2:42:04] okay with some of this, but I'm a little confused by this late document here.

[2:42:07] um, we went to great lengths at these ldc meetings to try and get input from staff and some

[2:42:15] of these things. In jim's defense he brought out he wasn't happy with them.

[2:42:19] um but others are a great surprise to me. What's even more surprising and

[2:42:24] disturbing is that we weren't given a copy of this. Before we.

[2:42:27] walked in here. It's extremely difficult to follow these changes on the

[2:42:31] board. Mrs. Herman went through this stuff in great detail and

[2:42:37] worked laboriously to try and get something that avoids the problems that we had with the

[2:42:41] laughter ordinance where some people felt disenfranchized by it.

[2:42:45] I find it. It's disturbing to me not to be given a copy of this in advance

[2:42:51] and for mrs. Herman now to have to respond to all of these by memory ithout even having a

[2:42:57] copy of it up here. Um, I'm I'm. I'm so so all.

[2:43:02] jim did was. Tell us what he liked and didn't like the the land

[2:43:05] development code. No he didn't. Some of these changes may e

[2:43:09] okay. Some of them may not be.

[2:43:11] >> we don't. >> have a copy of them.

[2:43:13] >> we're having to. Go from memory of what he showed up on the screen there.

[2:43:15] w still don't have this I mean. Here.-

[2:43:19] >> I understand. But it's a.

[2:43:20] >> and it's a. Hearing we got.

[2:43:22] >> into. This problem.

[2:43:23] >> but there should have been. Maybe copies of it out there I mean it is.

[2:43:26] pretty what jim. I do have I do have extra copies right here if they want.

[2:43:30] there you go. Yeah I mean I know we just jumped into trees but we do

[2:43:34] have more work to take a look at. Commissioner, this is.

[2:43:37] >> the first hearing. A staff were. Asked to.

[2:43:41] >> look at the document that came from ldc and provide your comments.

[2:43:45] that those. >> came to us yesterday or

[2:43:48] today. It's a.

[2:43:49] >> lot. Nicer and they have. I'm sorry go ahead.

[2:43:52] I should have interrupted no watch us. That's the direction that was

[2:43:57] given to staff. Look at this document. Provide your comments and what

[2:44:01] you. Suggest. And that happened in the last

[2:44:05] couple days and this is the first hearing I.

[2:44:10] >> mean. We received development agreements from you all the

[2:44:12] time like. >> the day.

[2:44:13] >> you're. You're right you're on. The dais.

[2:44:14] you're right. But we did we went.

[2:44:16] >> through this process to avoid a fight here. Um we went to great lengths to

[2:44:21] try and do that. >> we knew that jim.

[2:44:23] wasn't okay with some of these. Look, I respect him. He knows more.

[2:44:26] >> about trees. >> than I ever will, but but

[2:44:27] there's a process here and I appreciate it. Um, uh, mr. A's, um, that they

[2:44:34] may not have gotten it until yesterday but there's no reason it could have been emailed to

[2:44:38] us last night so we can at least look through it to see if we're okay with it.

[2:44:42] uh, rather than have to argue about it. I think it puts mrs. German at

[2:44:46] a disadvantage to have to go through this thing page.

[2:44:48] >> by. Page and try and see what we have a problem.

[2:44:51] I'm objecting to the process. I'm not objecting to his positions.

[2:44:54] um, although I do think he's right on the may um uh but but in any event, um, I'll I'll let

[2:45:01] mr. Smith speak. We have.

[2:45:02] >> another public hearing. Yeah.

[2:45:03] >> not we're not. We're not voting today. Okay.

[2:45:05] >> I just. >> I was trying to avoid a big.

[2:45:10] >> fight up here. And I think we're fighting. Well, uh.

[2:45:22] good after. Almost afternoon. Good morning, mr. Chair.

[2:45:25] I will say, um, when I had my one on one tracy was extremely complimentary of miss iseman.

[2:45:31] oh, yes. And how much she did work with .

[2:45:34] staff to. >> put what we.

[2:45:35] >> had. Before us today together. So I thank you.

[2:45:37] we do. Appreciate your work on it. Thank you.

[2:45:39] you're welcome. Uh, this has not been an inexpensive endeavor.

[2:45:42] this if you would call just jessica. Yes I.

[2:45:46] dress oh I'm sorry, I'm. Sorry.

[2:45:48] >> jessica seman. 401 east jackson street. U.

[2:45:51] >> suite. 2100.

[2:45:51] >> tampa, florida. Um, a you know, I'm here.

[2:45:56] >> you know, I worked with a lot.

[2:45:58] >> of individuals. >> in.

[2:45:59] our. Development community and unfortunately due to the length

[2:46:01] of the hearing, it was delayed. Um, some people had to leave. So you're just.

[2:46:06] >> left with. The remainders. All right.

[2:46:09] >> so to. >> give you just a recap to

[2:46:13] how. >> we got.

[2:46:14] here. >> his ordinance was brought.

[2:46:15] before you and I came. And spoke and mentioned senate bill 180 as a ossibility.

[2:46:20] you directed you sent the ordinance back to the rc and directed.

[2:46:25] staff and the ldr. Specifically you know, mister tillman directed him.

[2:46:29] okay, let's. Work together and see if we can come up with a.

[2:46:32] solution to avoid a senate bill 180.

[2:46:35] >> because. Staff put in so much work. To update and revise.

[2:46:39] >> the landscaping the. Tree protection ordinances. So that's what we did.

[2:46:42] we went. >> back to lrc and I presented

[2:46:46] that numerous meetings before drc and got everyone's input, got staff's input to the extent

[2:46:52] that they were willing to provide the input at that time. And we came.

[2:46:57] >> up with a what I believe was a very. Well compromised solution.

[2:47:01] we're not going we're not. Going back to.

[2:47:04] >> what. The old code is where. You don't et any of the great

[2:47:09] staff improvements that have been made to date. And we.

[2:47:14] thought we came up with a very great ordinance and today my intent was to come up here and

[2:47:22] say I have no comments. We we hope you. Adopt this.

[2:47:26] ordinance now I. Need to go back and completely regroup.

[2:47:31] >> with. All the the.

[2:47:32] >> proposed edits and some. >> of which I heard.

[2:47:35] are unacceptable. To the development community. So I will regroup.

[2:47:41] >> and we will hopefully. >> work together.

[2:47:43] between now and the second meeting and maybe we will come up with a compromise solution.

[2:47:47] with with mr. Yard and your staff but maybe not. Thank you.

[2:47:56] anyone else in the audience like to speak? For mr. Walker?

[2:48:00] mhm mhm. Is there anybody else close it after you.

[2:48:10] good morning. My name is joshua walker I live at 18820 shellfish very.

[2:48:15] importantly ocala florida 32179 in district one now we talk about trees here.

[2:48:22] my biggest problem is we have a developer coming in. He takes all the trees away and

[2:48:29] then e developed part of the property and part of it doesn't you know hester.

[2:48:33] well we got weeds growing. We don't want it to go up there and not maintain it.

[2:48:39] so we had to they put the sidewalks in, we took over the sidewalks.

[2:48:45] we got the fire hydrants in here. You can't even find them on a

[2:48:49] tree. We got to stop signs that the weeds are now up there about

[2:48:53] five feet tall and by the time they cut it into it mary combustible area they'll be

[2:49:00] as high as the stop signs. Nothing's maintained. Why don't we have an ordinance

[2:49:05] in here that says they have to maintain the property because they cut the weeds.

[2:49:10] we are there. Trees are gone. So what's growing the weeds and

[2:49:14] we don't maintain this weed bank. I don't know how many thousands

[2:49:18] of dollars the county has spent over there with code enforcement, solid waste and

[2:49:22] our utility company you know, fire department, you know, utilities that come in there

[2:49:27] for maintaining the you know, the. Fire hydrants stuff in here and

[2:49:32] if they come along and. >> just.

[2:49:34] mow 5 or 6ft in on the property line and get bear on it and down in front of the stop sign

[2:49:40] we won't have this problem but we don't. We only auburn addresses the

[2:49:44] trees today here once the trees are gone we got to have something put in there.

[2:49:49] why are we going through this every year and keep john was here we keep on.

[2:49:54] but what's his problem? Why is this happening? Why can't we get this just

[2:50:00] secured here? What you do when you take a tree out of here you

[2:50:03] can maintain the property. At least keep them maintained. But we just up along the right

[2:50:08] of ways but we're not doing that so I appreciate that you guys get together here and get

[2:50:14] it taken care of. We've been on this over three years now.

[2:50:17] on it. >> so thank you.

[2:50:19] thank you mr. Walker. Mr. Chair can I ask mr. Minter a question?

[2:50:23] yeah. Mr. Minter. Do we require the property

[2:50:26] owner to keep their right away maintain can we legally because it.

[2:50:32] well even on any property based on.

[2:50:36] >> oh t's a private subdivision really the commercial property in there is

[2:50:39] a private private property. Exactly.

[2:50:42] >> now the roads are dedicated in some instances right mounir. So how I.

[2:50:48] mean how does that work? Cmmissioner I think if I understand your question we do

[2:50:53] not we don't have an ordinance in lace requiring how properties are being maintained

[2:51:00] or should be maintained during the. The right of way.

[2:51:04] even the right of way. We don't have an ordinance in place requiring how to

[2:51:08] maintain. >> it.

[2:51:09] if I want. >> to.

[2:51:10] we have. >> a.

[2:51:11] policy on public ight of way how to maintain it. That's policy.

[2:51:15] but if it's. Not an.

[2:51:17] >> ordinary roadway. And it is a county roadway in the county mows it every

[2:51:23] quarter, I'm not. Required o mow my right away. Because it's county property.

[2:51:29] >> that's correct. Thank you. You can't make me go mobile

[2:51:34] right away. The right of way that. Belongs to the county.

[2:51:38] well yeah. What about the. I think I think.

[2:51:43] what mr. Walker is talking about that that right away doesn't that right away doesn't

[2:51:48] belong to us in that particular instance.

[2:51:49] >> but. In subdivision where it's private right of way it's

[2:51:52] private. Thoughtful private subdivision or most.

[2:51:55] >> basic. Private subdivision would be private right of way.

[2:51:57] so we still. You can.

[2:51:59] >> have a you'd have to have an ordinance. That but we don't.

[2:52:02] >> don't have to have it right. You'd have to have an ordinance.

[2:52:04] that said you have to maintain that private right away right. Yeah I mean there are standard

[2:52:10] good housekeeping expectations but no there s no ordinance. And and.

[2:52:16] probably what you should do is a developer's agreement when you approve those.

[2:52:20] some level maybe that's what you should boland. Homeowners associations they.

[2:52:24] your homeowners. Expect oh.

[2:52:26] >> yeah the whole to be maintained. Right yeah this is a commercial

[2:52:29] the. Particular project he's talking about is.

[2:52:32] basically like is it a commercial subdivision. Basically I think the one he's

[2:52:37] talking about is commercial subdivision. I took it very.

[2:52:41] open broad. I didn't zero. In on a particular.

[2:52:47] subdivision. >> the examples he keeps he was

[2:52:50] you if I recall correctly I think it's a commercial subdivision and we do have a

[2:52:57] mr. You that recently was established but it's not going to take effect till october.

[2:53:02] then we can provide a little bit more better maintenance and routine maintenance that

[2:53:07] doesn't exist today. Good question. And just to clarify mr. Walker

[2:53:12] did. Reach out to us about. Issues around forest community

[2:53:15] center sandhill park. >> and I've.

[2:53:18] >> already asked my team to meet with him and take a look at property ownership and who

[2:53:21] owns what to see what we an do to help and if we can we will. I not we'll we'll turn things

[2:53:25] over to code. Enforcement thanks to you. You're welcome.

[2:53:28] all right commissioners, any other questions or comments on this?

[2:53:30] I think we can, uh we can get this back. I mean.

[2:53:33] uh I mean look at it again. That's fine. Um, and then we'll bring it

[2:53:36] back to the next hearing. Okay.

[2:53:37] >> um, do you want to do you want to go too? Yeah, definitely.

[2:53:40] yep. It's up.

[2:53:41] >> on the screen already. Um there was there seems to be this missing sentence that

[2:53:46] keeps falling off the definition of critical root zone.

[2:53:49] we we found it and added it back in so it just ended after crc with a critical reason with

[2:53:56] a comma. And the rest of the sentences is established by definition um

[2:54:01] or based on an onsite. Review and assessment by either a certified arborist or

[2:54:05] landscape architect uh prior to construction that. That language.

[2:54:09] >> should have never been removed. And it just.

[2:54:11] >> seemed. To drop off. It's not onerous.

[2:54:12] it's it's in line with the code. And then the other one was the

[2:54:16] tree regulated and this is where we changed from 2010. That aligns with the changes

[2:54:22] that we just talked about. And uh division seven. That wraps up that.

[2:54:28] section and you were good with the shade tree. Yes.

[2:54:31] >> yep okay. >> those are all fine.

[2:54:33] u they did they did uh, ask for the longleaf pine to go down to uh to line up with

[2:54:39] 20in uh, we're fine with that. It was 18 and that's fine with us.

[2:54:44] any other comments on the definitions commissioners. Or questions for staff?

[2:54:51] jim you changing the design? You're the only one I had signed up for that.

[2:54:54] that's what they. >> did right?

[2:54:56] >> yeah okay okay okay. Anyone else in the audience like to speak on the

[2:54:59] definitions? All right seeing none we'll move on.

[2:55:02] uh number six. Okay so number six is division uh eight landscaping.

[2:55:07] I'm going to get right into it um, globally and the h proposed code the the word

[2:55:13] fences was added in front of walls. Uh, so it implies it's that's

[2:55:19] the priority or it could be the number one, you know, it could be considered the number one

[2:55:24] option when it comes into the code. Uh, so all did on this

[2:55:28] section were you see it was showing fences or walls I. Struck walls put it in front of

[2:55:34] fences. So it s. Walls or fences.

[2:55:37] um just. Just for context and clarity for staff.

[2:55:40] um but it doesn't. >> change the meaning of of any

[2:55:43] of the code and there's references. Okay.

[2:55:45] >> um I got it. So the 683 line was. I see.

[2:55:54] 132 right 30 um so removal of eradication prohibited. We support all these changes on

[2:56:02] this page. Okay, good. Uh the next section here the

[2:56:09] top of um section 8.4 uh we support that change um and talks with uh, tracy about the

[2:56:18] solid side slopes and the solid bottoms of drugs counting as landscape areas.

[2:56:23] she did not support that. >> and so.

[2:56:26] we were presenting that to you. Yeah.

[2:56:28] >> so the landscape and or side of and we're striking sided back out right okay.

[2:56:33] any roblem I mean. I don't know what the board wants to do staff is

[2:56:37] recommending I don't know. >> I understand I'm.

[2:56:38] asking you guys are okay with that I don't know how I got in there so.

[2:56:46] all right. >> let's move on for now that.

[2:56:48] uh we're all the way down the bottom of this page would be um these are about ffl florida

[2:56:54] friendly landscaping and encouragement of use of that 20 lots or more in any development

[2:56:59] we support these changes this roll this rolls over to the next page.

[2:57:04] we support all of these uh strikethrough and additions. Um we get into buffers and this

[2:57:11] is the uh pretty much the description of how buffers work.

[2:57:16] so they did change trying to go to the amount of deciduous trees from 25% up.

[2:57:22] to 50% within a buffer. We prefer to stick with the 25% as buffers are a screening

[2:57:30] mechanism. Commissioners.

[2:57:31] >> are you okay with that? You want to stick with the 25 or you want to go to 50 and

[2:57:36] deciduous trees and buffers. Take deciduous trees in the subdivision are fine or do you

[2:57:42] want them in I guess the question jim's asking is do you want deciduous trees in the

[2:57:45] buffers more than 25%. So right. So I think.

[2:57:50] it's a good. >> question is good.

[2:57:52] >> but when they do. They're going to lose all their lives right.

[2:57:54] >> nd that's just. Point half half of it. Would be.

[2:57:57] less okay. >> and the buffer is something

[2:57:59] that you actually want to try to keep somewhat opaque. In the spirit of buffers.

[2:58:02] yes I don't know but it's a great conversation. So commissioners uh.

[2:58:05] you want to stay at 25? Yeah.

[2:58:07] >> everybody okay stay at home. All right. Um, see, uh, we're.

[2:58:16] >> just now we're good. >> so that was just, uh.

[2:58:18] we're just moving that. Yep. Okay.

[2:58:20] >> then we're on page four. Uh, excuse me page five. Okay.

[2:58:26] >> um line 14. Let me get that. Up on the screen.

[2:58:30] so we did do some of the word swaps with walls and ences. Uh, the the group elder c

[2:58:36] proposed to authorize drc uh to to approve the placement of required buffer and landscaping

[2:58:43] yet that can be deemed uh something that we can review. This is for where we have the

[2:58:48] areas where it's hard. To yeah I just want to go above that I saw the change from to

[2:58:53] design professional design for oh my gosh yeah who is the design professional.

[2:58:58] so we don't support striking that from registered landscape architect and that you know

[2:59:05] that you would. >> hate that but I just want to

[2:59:07] understand by definition what is the design. Use either a licensed uh

[2:59:10] egineer or a certified landscape architect. Either or.

[2:59:14] >> it could be more than that. Well it does. A design.

[2:59:17] professional I yeah. >> is that a is that a

[2:59:21] licensee? Yeah it could be a draft person.

[2:59:25] uh it. >> licensee it doesn't say

[2:59:28] licensed. So it could be. Tat's what I was concerned

[2:59:32] about is it could be someone that's just a a draftee. It'd be it.

[2:59:37] >> could be an engineer and there might not be as good at maybe.

[2:59:39] or an intern. Or intern. I mean if you want to say

[2:59:43] licensed design professional that probably would limit. Um somebody was a licensed.

[2:59:49] if I may be. So I use the. Registered landscape architect.

[2:59:56] they drew me up some plans it was going to cost me. Enough to build another home.

[3:00:01] to design. The landscape in my house around.

[3:00:05] my house? Yes ma'am. I went to.

[3:00:08] a local. Um. ,plant place.

[3:00:13] they designed me something great that I could afford. To do and.

[3:00:18] I did it and I love it so I'm not I.

[3:00:23] >> I prefer to stay with a. Design professional in this. And that will include that

[3:00:32] experience. Those people will be able to do it.

[3:00:34] yeah. >> so I am.

[3:00:36] in your yard that's not a subdivision. Well I've seen the.

[3:00:41] work that. This group is a very big. Group and.

[3:00:44] >> yes sir it it's. >> I get.

[3:00:46] >> it but that's if. We've got plants that says we already have.

[3:00:51] a list you can use these number of trees and all. Why not.

[3:00:56] and you go ahead. I've missioner so these plans are required to be.

[3:01:02] signed and sealed. So the. Landscape designers that work

[3:01:05] at those shops are not licensed to sign and. Seal drawings.

[3:01:08] so um that's part of the. Submittal requirements earlier in the.

[3:01:12] code just like a stormwater plan we can draw those but we hand them over to the ngineers

[3:01:17] to make them permeable and everything else. Um, but landscape plans and

[3:01:21] other plans are required to be signed and sealed. Well, they can take in maybe I

[3:01:26] just on't. Understand the process.

[3:01:27] >> they have to work directly under a licensed landscape architect for that.

[3:01:31] >> to happen. I think that company has a la and they're doing that as part

[3:01:34] of their their design build business that's appropriate. Um.

[3:01:38] >> but just hiring a landscape designer out of the phone book to say design this and let me

[3:01:43] get it signed and seal that's. That's against state law. I like that.

[3:01:48] but if you want if if you're looking for a medium it could be the same reference that we

[3:01:52] have in other sections of the code and that would be. The licensed design

[3:01:57] professional. Uh phrase that you see. And that would mean.

[3:02:00] somebody that does have that a license.

[3:02:02] >> that they can see you. Comfortable with licensed design.

[3:02:04] yes that'd be fine I think if as long as you had a license in there then it would comply

[3:02:08] with. The rest of the.

[3:02:09] >> code okay. All right now jump to the next section okay.

[3:02:12] um the next section. Will uh that uh was the perin one here and the ldcs version

[3:02:21] wanted to default to automatically to uh drc for these no man land buffers where

[3:02:28] you have a development that has a wall with landscaping outside of the wall and then next to it

[3:02:33] you would have had another similar development that had a wall with landscaping outside

[3:02:38] of it. So you'd have two walls with an unacceptable landscape strip.

[3:02:42] we'd like to be able to provide an administrative approval of working with the later

[3:02:47] applicant of moving the landscaping on the inside or possibly doing away with it for

[3:02:52] redundancy purposes. And if they don't like our decision of supporting that or

[3:02:56] if they don't if we don't support it then they can appeal to drc and go through the

[3:02:59] process. But spelling it out specifically in this section of

[3:03:03] code of uh automatically jumping to uh drc is not necessary.

[3:03:07] okay. >> so the.

[3:03:09] >> change that we have there highlighted is what we're.

[3:03:11] >> looking for. But I mean I want to process I want to make sure the process

[3:03:16] is streamlined. If you want to go through drc to waive any of the codes, it's

[3:03:20] going to be a waiver process in those situations when you are looking at improvement plans

[3:03:24] for example the county engineer makes decision yeah the landscape architects make a

[3:03:29] decision if the developer doesn't agree they do have a process they can go to drc was

[3:03:36] a waiver request or they can escalate the issue up to assistant county administrator

[3:03:41] or county administrator or it can come to the board if they want to at the end of the.

[3:03:45] day okay. So that problem we have.

[3:03:47] >> so we have so much flexibility how we can get a plans through the final.

[3:03:52] approval commission. The best place is to. Work at it that's going to and

[3:03:57] then if you have a problem with the. Staff level.

[3:03:59] go to drc. But the review team. Aren't we do that a lot already

[3:04:02] and. It's not.

[3:04:04] >> I'm sure. Um the uh the rest of this is just changing walls and fences

[3:04:08] around on uh line 30. They've changed the type c buffer for this is the um,

[3:04:14] equestrian or agricultural themed rail fence buffers uh, from 25 to 15 foot wide.

[3:04:21] that's consistent with the buffer tables. And the.

[3:04:24] >> changes that they've made. There to. That's for the buffer buffers

[3:04:27] adjacent to the following roadways. Yes, sir.

[3:04:38] um the next section is on page six under uh buffer walls fences and berms.

[3:04:44] so the proposed language notwithstanding any reference in section 6.8.6 to buffer

[3:04:50] fences. Buffer fences may be used as a substitute for buffer walls

[3:04:54] only if approved by the drc through the waiver process. This is something that we do

[3:05:01] not support and that if they want to get a waiver to go from a wall to a buffer.

[3:05:06] >> that should be just through the.

[3:05:07] >> normal waiver process and. >> commission.

[3:05:10] what we. Talked about.

[3:05:11] >> the. Nonsupport here. Is is thematic.

[3:05:14] we don't we don't feel that statements need to be added right.

[3:05:18] there is a process any time you want to waive any technical issue in the code there's a

[3:05:23] process to do it through drc. Okay adding calling out specifically that item with the

[3:05:30] waiver process I don't know what it does to any other requirements in the code that

[3:05:36] also are available. We already have this process in place.

[3:05:41] the process. Is um your from your perspective okay.

[3:05:43] and I think there has been discussion between tracy and jimmy specifically related to

[3:05:50] that. Section to that item.

[3:05:54] >> no no okay to. Leave for doctor's. Appointments I'm going to.

[3:06:00] day and I'm seeking okay. Excellent thank you guy thank you.

[3:06:05] okay but just just so we're clear ammonia you believe that this sentence we already have

[3:06:09] this process. We already have the process.

[3:06:12] >> we already have the process. I mean if. They are adamant it needs to be

[3:06:18] here I don't know that it will hurt anything but cause a little confusion.

[3:06:23] yeah. >> it's just redundant.

[3:06:26] all right. >> jim.

[3:06:28] um, line 15. Uh.

[3:06:30] >> line all. That's the typical. Swapping words around for walls

[3:06:33] and fences. We jump down the line 18 uh and 19 uh, ldcs proposing to bring

[3:06:39] the buffer wall height back down to six feet. Okay.

[3:06:43] >> um, and then we get down to uh, this this addition here about buffer walls and

[3:06:49] maintenance and this is something that I wanted to make sure that we were clarifying

[3:06:53] and. Um.

[3:06:54] >> this is a staff edition. And I would like to propose this language.

[3:06:58] >> where a. Buffer wall or fence s required and in public view the

[3:07:02] property owner must maintain it in good repair and parents in perpetuity any buffer walls or

[3:07:08] fences that are damaged, deteriorating or removed without authorization.

[3:07:12] must be fully repaired and replaced within.

[3:07:15] >> 30 days of receiving notice from the marion not marino um county.

[3:07:19] uh if you could type that for me. Um code enforcement so this is

[3:07:25] in line with your buffer requirements where you do have a buffer maintained in

[3:07:29] perpetuity clause. That was added back in 2013. Um, but what we're seeing is

[3:07:34] the conditions of if you're using excess walls are going to be fine.

[3:07:38] they're going to be a lot easier to maintain. But in high wind tornadic

[3:07:41] activity hurricanes we're going to have to work with vinyl fences.

[3:07:45] when you have just. Hundreds of feet of it they will pitch and they will all

[3:07:50] down like dominoes. We've seen it happen in the villages.

[3:07:53] we've seen it happen on three and one down in hat area. Any type of heavy wind those

[3:07:58] things aren't when rated. Other other structural walls would be fine but with vinyl

[3:08:03] fences and we didn't want to just isolate vinyl fences in this this particular comment

[3:08:08] just maintain them especially in public view so they're not you know, broken and stay that

[3:08:13] way for months and months. That's not how we want your community.

[3:08:16] >> do we have them on 60th uh today or in disrepair? Yep.

[3:08:20] >> leaning over so. Commissioners any comments on that language?

[3:08:26] are you okay with it? Uh next up is the land use categories for buffers.

[3:08:36] uh, you can see the changes that ldc proposed. The first one is in single

[3:08:41] family residential against uh they've recommended going from a type d which is narrow with a

[3:08:47] wall back to a type e. Which is ten feet wide, double staggered road hedges and

[3:08:54] trees. Every 20ft 25ft. This is your old.

[3:08:59] type e buffer. Uh multifamily against ag there's a or b um just.

[3:09:08] >> a little. Clarification on that. Those are tied to optional

[3:09:11] buffers keeping in the table and it actually gives you options.

[3:09:15] to decide. Whether you want one with a wide landscape buffer.

[3:09:19] uh. >> or one with a slightly

[3:09:21] narrow buffer with a wall depending on the site design that you're reviewing, distance

[3:09:27] can be a better buffer, but there may be concerned with. Constituents about.

[3:09:31] building next to other areas. >> where they do want to have

[3:09:34] security. Away from these sorts of things that a wall may be more

[3:09:36] appropriate. So we just. Lft that flexible thing with

[3:09:40] public against ag both of those a or b. Commercial against single

[3:09:50] family a six foot opaque fence may be used in lieu of the vegetative.

[3:09:56] >> buffer that was recently um . A.

[3:10:07] or is. >> that that?

[3:10:09] yes sir. That's single family again single.

[3:10:13] family that single family yes but what about. Commercial against it.

[3:10:19] that stays as a b with a wall. With a wall okay. Ad then.

[3:10:24] and then. Line two there the. The whole thing we were talking

[3:10:29] about previously with a residential against the right away that's going to have.

[3:10:38] uh a four lane right d4. He's talking about footnote two.

[3:10:48] right right. Um are you talking about against.

[3:10:51] yeah ken's. Confusing me.

[3:10:53] >> got me a little. Messed up here. So, uh, the.

[3:10:55] are you talking about sub note two? Yes.

[3:10:58] >> so a type. A a type buffer d buffer is required where residential is.

[3:11:04] adjacent to opposite right. Away in a road less than four lanes.

[3:11:08] so yeah ou're. >> up here single family

[3:11:10] against right of way. Um is actually. Number four down at the bottom

[3:11:16] with a. Six foot wall and this. Um this ice from it actually

[3:11:20] provided. You with additional. Language on that that you.

[3:11:24] have uh in the packet. At the.

[3:11:32] >> very top of it it's just the a copy of the email that she she sent in to administration

[3:11:37] in the rest of the review team. Jim.

[3:11:40] >> before you get. To that.

[3:11:41] >> yeah. >> commissioner note number two

[3:11:45] applies industrial against right of way if across from the right of way there is a

[3:11:51] residential subdivision and that applies only between industrial and right of way in

[3:11:58] that condition that's where you see the do the d with a uh footnote to um.

[3:12:08] so how would that work? It works if you have an industrial development

[3:12:13] happening here. There's that road adjacent to it across from that road there

[3:12:19] is a subdivision d two will apply right. Here okay.

[3:12:30] and d2 is going down from a 25 foot buffer to a 15 foot buffer or d in general it's.

[3:12:37] >> not right. All of these got smaller right ?

[3:12:42] the flexibility if you flip over to the next page. Um they went back to the old

[3:12:49] yeah. So they basically. Removed the.

[3:12:52] options of going from. Y smaller to wider or wider to narrower.

[3:13:01] how much time did we pend. >> on this?

[3:13:04] I prefer not to. Think about we uh. And now it's coming back.

[3:13:08] >> to us and going back. >> to what we had originally.

[3:13:11] oh, you mean. The whole.

[3:13:14] >> process that so buffer buffer workshop stopped. Started back in april of 2024.

[3:13:20] okay anything we need to change on this? Uh, actually only.

[3:13:28] >> footnote yeah. Do I need to address that?

[3:13:43] I believe the biggest concern, commissioner, is the requirement of wall adjacent to

[3:13:49] highways. Right.

[3:13:50] >> and I think it was not discussed during drc and then mrs. Isom and send us this note

[3:13:58] I mean that's what her client has been. Talking about.

[3:14:00] and they she sent us this recommendation. That was handed out to you

[3:14:05] today. Yeah it's a and.

[3:14:07] >> we. Hve told you about it before. All ight.

[3:14:09] so how will that apply. It ill apply you can use a fence instead of a wall without

[3:14:15] any waiver or any uh. ,other approval. Now if you put a wall there is

[3:14:24] an incentive to reduce the width of your, uh. Buffer buffer.

[3:14:29] yeah. And that that incentive says. Um, is.

[3:14:34] provided in lieu of a fence. The required buffer shall be.

[3:14:39] >> reduced and. That was one.

[3:14:41] >> I wanted to change to may. Oh okay. Yeah.

[3:14:45] >> because you may have a developer who doesn't want to. Reduce and.

[3:14:48] >> it might be fine with it. >> don't make it show.

[3:14:49] me I mean. That's good but. Um and that.

[3:14:53] that basically goes ack to our code previously then right where you could put a fence or

[3:14:57] a wall. Is that correct? Even sure we had a fence.

[3:15:06] I don't know that. >> we I don't know.

[3:15:07] we yeah. Even have a fence it's clear.

[3:15:11] >> well there. Was still a buffer requirement of some sort.

[3:15:13] yeah doesn't have to be a fence could have been a vegetated buffer.

[3:15:17] s it says without. A drc waiver um. I don't know.

[3:15:24] I don't think in the past we even required a. Fence right, ight.

[3:15:27] so at the end of the day at least there would be a fence vegetative buffer and a wall or

[3:15:32] a wall and that was the compromise we talked about or at least they're proposing.

[3:15:36] is that correct jessica okay. Yeah it went from um okay. Anything else on this

[3:15:41] no I think that that one here I want to make sure we're okay with this as long as we change

[3:15:48] that uh, from a may o. A, uh, shout out to a may as far.

[3:15:52] >> as the. Buffer size reduction.

[3:15:54] >> I. Don't think that really necessarily matters.

[3:15:56] okay, ask if it matters. I actually ave a 12:00 doctor's appointment.

[3:16:02] thank you. So I. Appreciate your time for me.

[3:16:04] thank you. >> sorry.

[3:16:06] I thought we were. Scheduled until 11. Uh, um.

[3:16:10] >> yes. >> I am right, I am down.

[3:16:14] where are we. >> at now?

[3:16:15] >> yeah I'm getting on the right document. You are on parking lot areas.

[3:16:18] these changes are all uh, fine. These are just expansions of.

[3:16:22] >> all of the ther, uh, parking lot islands, which is fine.

[3:16:25] mhm. Um, to accommodate root growth ,um, landscape building

[3:16:30] landscape. Public side view sides proposed structure that's clarification

[3:16:33] that we support. Um then I'm on page ten uh item c which is line item 25.

[3:16:42] we support these changes as well as far as biodiversity goes these are good changes.

[3:16:48] uh excuse me commissioners at the top you see line item five where they added the word large

[3:16:53] in front of shade tree. So large shade rees not. Shall not be located within

[3:16:57] 20ft of a building with good, uh, lines good with their table uh, of trees.

[3:17:02] mhm. >> um and then you I'm.

[3:17:05] >> glad you were able to put the first thing in here. Yeah looks that looks good.

[3:17:08] you got. >> that and.

[3:17:09] >> it's retty. Clear now. Yes sir.

[3:17:11] and then on page uh page 12 lines even underneath the table changing palm trees um

[3:17:18] back to. Shall not be substituted for uh shade trees.

[3:17:24] oh yeah okay. >> all right.

[3:17:27] and then this last page is the last page of adjustments. Um and we support all of these

[3:17:33] as far as uh the after the first 24 months of the maintenance period that's the

[3:17:38] initial buffer inspection. Um, and down at the bottom you hear you talk.

[3:17:43] about. >> uh, tree trimming approved

[3:17:44] by a certified arborist or survival. And that wraps up all the

[3:17:48] proposed changes back from ldc . And staff edits.

[3:17:52] uh, for this section of. Them on page commissioner, if you don't if you would allow.

[3:17:56] yes, sir. On page. On page eight.

[3:18:06] yes, sir. Uh, buffer. Description um.

[3:18:10] and buffer type e. Um we went back to five. I think the elder c is

[3:18:17] recommending going back to the five feet wide uffer, but then they added double row of

[3:18:23] continuous shrub. Um I mean is that practical? It's going to be tight because

[3:18:31] I know the type of plants are going to be specifying to meet. That growth height or.

[3:18:34] in e what did we have I mean what was in the 13 code. Kept that.

[3:18:39] >> section uh with me um. The duncan's going to. Bring that up because.

[3:18:47] >> I'm not really sure we should have any buffer that's less than like ten.

[3:18:50] >> foot. No, 13. No, we had mean.

[3:18:52] five foot stuff. Yeah.

[3:18:54] >> I don't know what the plan thing was. Ssan's telling me that this

[3:19:00] is. >> the 13 code.

[3:19:02] okay? >> this is the 13 code.

[3:19:04] um. >> do you think it's wise to

[3:19:07] keep double? Um.

[3:19:09] >> it does. Provide a solid screen, but you're going to end up seeing

[3:19:13] what you had. Before, which is oak. Trees or magnolias every.

[3:19:16] 2ft and in. >> double row.

[3:19:18] >> of sweet by verse um um. >> and that can get very

[3:19:21] crowded. >> in a five.

[3:19:22] >> foot. Strip it would be best to. Go to ten uh to give room.

[3:19:25] >> room for growth. It may be an idea you we discuss with.

[3:19:31] yeah okay. It really would be I mean you're going from 15 to 5 if if

[3:19:36] we could meet in the middle there with ten foot. For that type of double.

[3:19:39] row that would. >> give.

[3:19:40] it room. >> to growth and you wouldn't

[3:19:42] be forced to put the trees in the hedge. That's what you've seen before

[3:19:46] . And then they start limit up the tree to accommodate the

[3:19:49] hedge to grow up. Uh the john deere up on 44 to 41 just ripped out all their

[3:19:54] sweet viburnum. So you have clear. Story magnolias that are.

[3:19:57] six feet tall which shouldn't be they shouldn't be allowed to be pruned like that.

[3:20:02] um I think robin's working on. >> that one okay.

[3:20:07] >> and that type buffer is only between residential and residential.

[3:20:11] yeah or residential and. Eg um. Before 2013 that.

[3:20:15] >> was your right of way buffer. All right.

[3:20:17] that's the. Way he saw a lot. Of very thin okay pleasure

[3:20:22] pleasure me oh mr. Gooding I guess. Southeast 6th avenue.

[3:20:32] could we show up the page again. Which is the language.

[3:20:35] >> that staff now wants to, uh ,do away with which one? Jim?

[3:20:38] um, it was the one, uh, line six on page six out of 17. Let me explain.

[3:20:46] this is my language and why I put it in here. I put it in the county under

[3:20:52] the under the code that existed before y'all did what you did several months ago.

[3:20:57] fences were only allowed if permitted by drc. The language was in there.

[3:21:04] one of the changes that was made in this ldc revision is they added fence before wall.

[3:21:11] I wanted to make sure. That fences were only permitted if drc approved them like was

[3:21:19] the case in the old code. Thus I suggested this language notwithstanding any reference

[3:21:26] in this to fit buffer fences may be used only as a substitute for buffer walls

[3:21:32] only if approved by drc. That was my language at the drc meeting they said they wanted

[3:21:38] it done through the waiver process and I don't know if any engineers are still here but it

[3:21:43] was the engineers that wanted it done that way. This language other than the

[3:21:49] waiver process was put in to protect the county. Um.

[3:21:52] >> I think dana was there and remembers that this wasn't this isn't an effort to do anything

[3:21:57] that's not already required under the old code. Drc has to approve fences and

[3:22:04] that's why that language is in there. Now we can talk about the

[3:22:07] waiver process. Maybe jim remembers it better than I do or tracy may

[3:22:10] remember. It in jimmy. I believe even in the past when

[3:22:14] we did that through drc, I believe it came through a waiver process but I could e

[3:22:19] mistaken. Yeah that's something we need but.

[3:22:21] there's and there's some confusion on that I, I wasn't I didn't advocate the waiver

[3:22:26] thing I can't vote in any way but I'm an alternate but but I. Don't the waiver process to me

[3:22:31] is the only thing that should be just the subject of debate. I think the sentences needed

[3:22:36] and I think if dana's given enough time to look at it she'll agree.

[3:22:39] but but in any event I put that in there now the only exception is the new footnote that

[3:22:44] they're. Uh adding I think in. For um uh.

[3:22:48] that allows fences without a. Drc waiver. But I.

[3:22:51] >> just I just wanted to point out that language is the same as the old code in that you

[3:22:56] can't put a fence up unless drc is okay with it. I don't care if it's a waiver

[3:23:00] process r not but but that language needs to stay in there.

[3:23:03] that's that's. My only point.

[3:23:04] >> you're still talking about the same paragraph. Yeah but.

[3:23:08] if we talk about the waiver process. Yeah.

[3:23:14] >> jeremy before you sit down, uh. On six egarding the berms.

[3:23:20] um uh. And you go through the. Explanation of the use of the

[3:23:25] berms because I remember. When we went to an eight foot wall the berms kind of made

[3:23:35] sense if you're going to put a to foot berm and six foot wall to get eight feet, but now

[3:23:41] we're coming down to a six foot wall. Uh, how are the berms?

[3:23:45] figured. Um, tell us. The commissioner.

[3:23:48] >> can you use berm? Thank you.

[3:23:50] >> totally. Yes.

[3:23:52] >> yeah. >> okay.

[3:23:53] >> yeah. >> if you have the space and

[3:23:54] the resources. Yes. Bill largo did that years ago

[3:23:57] out on state road 200. That's a lot bigger than six.

[3:23:59] >> feet but. It works. Um, but it does.

[3:24:02] >> it takes. Space and that and that's valuable land.

[3:24:05] uh, o using a combination either a fence, a wall, a berm or any they're n uh,

[3:24:11] combination. Is suitable for a. Farm and a two foot wall.

[3:24:15] you can. Accomplish the opacity with a berm at six feet and

[3:24:20] landscaping on it. You're good. And that's always been

[3:24:23] permitted. It always has. That's always been permitted in

[3:24:25] the case that's. >> not.

[3:24:27] no yeah. And honestly commissioner it's a very good combination.

[3:24:30] it gives you a different character to the perimeter. I'm not opposed to it I just.

[3:24:35] but I like jim's example. Bell largo that's ne of my clients and that is the most

[3:24:40] extraordinary berm I've. Ever seen. Uh, yeah.

[3:24:44] that was designed by the same client that tried to sell you a new house with their.

[3:24:48] landscape package. Jim.

[3:24:50] >> jimmy, you haven't seen. You haven't. Seen summer glen.

[3:24:54] I haven't seen summer glen. I must not have. Because if.

[3:24:58] >> their buffer is better than that, then I haven't. Seen, uh, anyone else.

[3:25:02] um. It almost. Afternoon jessica isom 401 east

[3:25:10] jackson street, suite 2100, tampa, florida. Um, you do have a handout.

[3:25:15] >> that was provided to you. In mr. Cool yard's packet? Um, it does say.

[3:25:20] >> at. The. Top provided by.

[3:25:21] jessica iseman august 19th the track. Changes are.

[3:25:24] changes from what the. Drc approved. At their or recommended for

[3:25:29] approval at their public hearing. So this is not the existing

[3:25:31] code. This is. Changes to the what is.

[3:25:34] >> being proposed. So because. Jimmy alluded.

[3:25:38] to it just now initially when this was ordinance was drafted. It was.

[3:25:43] >> that fences were allowed basically by right. With approval.

[3:25:48] >> of drc. That changed during one of the ldr sees that last ldr see

[3:25:52] public hearing it changed from abuy right to a. Waiver which.

[3:25:56] >> is why jimmy is talking about that language. Well in that shift we idn't

[3:26:00] catch this change because. With the.

[3:26:03] >> right away so what we're really talking about with. That said.

[3:26:07] that footnote. Four we're only. Talking about single family and

[3:26:11] multifamily next to right away. That's the only time this footnote applies.

[3:26:14] so with single family and multifamily next to right away that.

[3:26:18] >> used. To be a type c buffer in the old.

[3:26:20] code that does not require a. Wall or a fence. So as a compromise what we are

[3:26:25] proposing is requiring a ence in that condition instead of nothing.

[3:26:30] provide a fence. And if a wall is provided. Have an incentive.

[3:26:34] to provide the wall by reducing. The buffer to ten feet.

[3:26:37] so that's what's proposed. >> with this um language change

[3:26:42] and doing that shift from a fence by right to by waiver we had to make this language

[3:26:46] change to make it clear. That you do get in the instance of single family and

[3:26:50] multifamily next to right way. You do get a fence by right. You don't have.

[3:26:55] >> to go. Through the drc waiver process. But it.

[3:26:58] is required. >> a ences required and if a

[3:27:01] wall is provided then you get. A reduced buffer. That's hat.

[3:27:05] >> we're proposing. Again with the additional language changes I'll have to

[3:27:09] go back. These are not I believe a lot of these.

[3:27:11] are are usable. Um so I would I am hoping just so we're all on the same page

[3:27:18] is when we come back to the next public hearing staff and the development community may

[3:27:23] have different ordinances proposed if we cannot come to an agreement hopefully we.

[3:27:27] do but if we don't. I will give. You an ordinance that's being

[3:27:31] proposed by the development community and so that you can make a decision basically

[3:27:36] and decide make no changes, staff changes or changes. Or potentially revert back to

[3:27:44] the old. Code if you have to.

[3:27:47] >> do. A reversion under a senate bill.

[3:27:48] 180 right. Thank you. One question essica, before.

[3:27:53] >> you leave. That same footnote, uh, we.

[3:27:56] >> are. Suggesting we change shell to may.

[3:28:00] I if you. Guys would onsider that because if you have a developer

[3:28:03] that does not want to reduce the buffer I think may will give us that flexibility.

[3:28:09] yeah. >> my thought was.

[3:28:11] the the shall meaning the required. Buffer shall be reduced.

[3:28:15] but of course an applicant can always go more than what code is required.

[3:28:19] and what I did and what I'm concerned about with may instead of shell is that staff

[3:28:24] could say o even though you're putting in a wall I'm going to say no even though you've

[3:28:29] designed a wall and put it on your plans and designed your community with a ten foot.

[3:28:32] buffer. >> we're saying no because you

[3:28:35] want even bigger. And so. This that's why we said may

[3:28:40] reduce the required buffer. With yeah because if it says there if it says the

[3:28:45] requirement may the only one who can waive the requirement is the county.

[3:28:50] so the requirements on us not on them. So that's.

[3:28:54] >> the part. >> so we.

[3:28:55] need to figure out a way how to clarify that. Right and I will.

[3:28:58] but can't can't any it can't any applicant go above and beyond the code.

[3:29:03] so a wall is more intensive is a more intense buffer than a fence.

[3:29:07] we would allow that anyway right. And it's saying if if.

[3:29:12] >> a wall is. Provided in those situations and in only those situations

[3:29:17] the buffer width could. >> be.

[3:29:19] reduced to ten at the option of that I.

[3:29:21] >> think it's fine. Yeah to. Keep it well.

[3:29:22] I mean I think it's. >> good but I to your point.

[3:29:26] I think. Shall require the I mean what she's saying is.

[3:29:30] that your requirement shall change. Correct your discretion doesn't

[3:29:35] change. Maybe we just need to tweak it so that.

[3:29:38] we can see those. That hey I still have the discretion to leave it.

[3:29:41] I can see a situation when a reviewer see that it's still. 15 foot.

[3:29:49] >> why did they say. You need to get a waiver to change to keep it the way it.

[3:29:54] >> is right? Even to go bigger? A waiver to have a bigger

[3:29:57] buffer. Than what's.

[3:29:58] >> required I can. See because of the shell then that you were saying well just

[3:30:01] oh it's not. What work.

[3:30:03] >> on it. >> but well.

[3:30:04] >> I'm not I don't know. What you want. It makes a lot of sense so I

[3:30:08] think that's good right. >> and if.

[3:30:10] you'd like when we come back for a second public hearing I'd be happy to do a larger

[3:30:14] presentation or more than two minutes. Um, to explain some of our

[3:30:18] decision points. Absolutely.

[3:30:20] >> if you're to clarify jessica and she. Said jessica if you if you'll

[3:30:23] um. Just send me a note o. Jen how much time you want and

[3:30:28] set it up and then if you can get the presentation to. Us.

[3:30:31] >> okay. Um. We'll give you the

[3:30:34] time necessary to go through. The work that you did. Okay.

[3:30:37] >> sounds good. >> thank you.

[3:30:38] could you step here? I know I'm not supposed to speak again, but I'd.

[3:30:40] like appreciate. >> to.

[3:30:41] clarify something she said the development community this is ldcs product.

[3:30:45] it's not just miss isom and some other client. She brought some changes.

[3:30:50] ldc accepted some of them and not others. So this this is an ldr rc

[3:30:55] proposal. Some of us who represent developers are sitting up here

[3:30:59] making changes that we thought protected the county um and may our clients.ily be the best for-

[3:31:04] so so this is an ldr she's representing developers. I just want to let y'all know

[3:31:09] that this product. Was the. Drc okay thank you.

[3:31:13] so what ordinance would you be bringing in on behalf of the developers.

[3:31:18] so well yeah she was working for the developers. I'm working right with the

[3:31:21] development community and what I what the. Drc approved.

[3:31:25] at their. Public hearing is completely acceptable.

[3:31:28] so if you accepted. These ordinances with only this one edit change on the footnote

[3:31:34] four. >> we.

[3:31:35] would have absolutely no objections without mr. Cooley or to added changes that were

[3:31:39] presented today. Now it's on us. We need to go back and speak

[3:31:43] with mr. Cooley, art and his staff and determine is there some meeting of the minds

[3:31:47] there? If there is. We're not going to say no but.

[3:31:50] there could be some conflict and so that's why.

[3:31:53] >> so if there's conflict you'll bring back your proposal.

[3:31:55] right? Tim and our eam will bring back their proposal and the

[3:31:59] commission will decide. Yeah, exactly.

[3:32:00] >> I want you to be very clear. With what.

[3:32:02] >> your options. Are and what the consequences are.

[3:32:05] >> and that'll be a little actually that'll be a little bit clearer han today's.

[3:32:07] yes mixed ordinance. Yes we appreciate that I appreciate that.

[3:32:12] so are we going to end up getting okay. So are we going to end up

[3:32:16] getting an ordinance from yep jim and staff one from drc and then one from.

[3:32:20] her no no no. But we won't get another one from el drc.

[3:32:23] we will get. The proposals changed that jim had today.

[3:32:27] this is not going back to el paso is going to be this and. You're going.

[3:32:32] >> to get staff. Version that we might like just one that I agree on.

[3:32:36] that I. Appreciate you saying that or. We might get to.

[3:32:38] and and if there are any differences why don't we prepare a single document with

[3:32:43] just he differences? Yes that's what my intent is is to highlight where.

[3:32:46] our differences are. And just focus on those issues .

[3:32:50] and to show you. Both options correct.

[3:32:52] >> we appreciate that very much. Because we appreciate all your

[3:32:54] percent aligned right. We are we're.

[3:32:57] >> getting we're close we're getting we're getting real close.

[3:32:58] and I'm. >> glad that we've taken the

[3:33:00] time. To go. Back and forth and have all

[3:33:02] these debates. And in your time with ld, rc and in the time of the land

[3:33:06] development code committee they they've done some really good work.

[3:33:08] they help us get to a good spot you know.

[3:33:11] >> because. At the end of the day everybody does care about the community

[3:33:14] and wants to be exactly and so I ppreciate your time as well thank you or anything else.

[3:33:19] we don't need to go back to elder c right now we can meet with.

[3:33:23] we can just meet we'll set. >> that up right away.

[3:33:26] hopefully we. Could just meet meeting come up with the right compromises and

[3:33:28] tweaks that we can both all live with it.

[3:33:30] >> we'll set that up right. >> away okay.

[3:33:32] >> and so that one will come back to us september.

[3:33:34] >> 14th and that everything will come back to us on the 14th.

[3:33:36] the only thing that comes back to us on the 14th. Is unless we have some magic

[3:33:40] happen with vendors but otherwise the food trucks will come back at a different date

[3:33:45] maybe in october. >> the food.

[3:33:46] truck ordinance it's very complicated commissioner you're talking about I mean some very

[3:33:51] good public comments you've been talking about different. Lots of.

[3:33:55] >> different issues. >> we are combining everything

[3:33:57] in one short ordinance to help .

[3:33:59] >> us help. Us with that one. Jessica.

[3:34:01] yeah? >> do you.

[3:34:03] >> have. Any food truck? Hi, jessica.

[3:34:04] all right, all right. Anything else y'all? If not, we'll e adjourned.

[3:34:13] thanks, guys. Appreciate the work. Let's go.

Board of County Commissioners Public Hearing Meeting on 2026-08-26 9:00 AM - Public Hearing to Discuss Proposed Land Development Code (LDC) Amendments

Agenda

Transcript