CITY OF LABELLE LOCAL PLANNING AGENCY JUNE 8, 2023 CALLTOORDER Mayor Wilkins called the regular June meeting oft the Local Planning Agency to order at 5:30 p.m. A roll call was taken. Members present were Commissioner Hugo Vargas, Commissioner Bobbie Spratt, Mayor. Julie Wilkins, Commissioner. Jackie Ratica and Commissioner Daniel Akin. Commissioner Vargas led the invocation. Commissioner Ratica then led the pledge ofallegiance. PROPOSED ORDINANCE 2023-11 OLD GROVE PUD AMENDMENT Alexis Crespo, City ofLaBelle Planner provided al briefp presentation explaining that the applicant was requesting to amend the permitted uses to include horticultural grinding as a temporary use until development commenced. She listed the proposed changes and conditions noted in her staff report. She explained that a site visit was done ofthe piles and that measurements were taken to confirm the current piles Wesley Hansen, the applicant, then addressed the Commission and explained that after the material was Mayor Wilkins noted that she and the Commissioners had ex-parte communication with the applicant due to Deana Hansen, also the applicant, provided an estimate of15-201 trucks daily that would visit the: site to of debris were conforming with the current PUD. Staffrecommended approval. ground, it would be sold as mulch. on-site visits that were conducted. deliver the horticulture debris material. Commissioner Spratt expressed her support for the applicant's request. There was then discussion on ai turning lane needed off Cowboy Way. Mr. Hansen noted that he had no Ryan Alexander, Associate Hendry County Planner explained to the Commission that the shoulder ofthe road was already deteriorating due to the truck traffic. He explained that the County wanted the shoulder of the road and the apron ofthe driveway expanded and that Shane Parker, Engineer for Hendry County had City. Attorney Derek Rooney clarified that this hearing was to review the request for the additional use and find whether it was consistent with the Comprehensive Plan. He noted that specific details and conditions Helen Gallegos voiced her concern about the possible fire danger to the nearby residential homes. Gail Perry noted that the site plan showed that the horticultural area was located int the same area as the Attorney Rooney explained that once the residential permits were pulled all horticultural uses would cease. objection to the County's requests. provided al list of conditions. would be addressed during future public hearings. future residential area. Wesley Hansen then stated that they would not be composting, and the product would not be sitting for long periods oftime because it would be shredded or chipped and sold thereafter. Kathy. Adams asked the Commission for clarification on the location oft the property. Commissioner Spratt motioned that the. PUD request was in compliance with the Comprehensive Plan. Mr. Hansen clarified that the grinding would bei in addition to the burning oft the material in the air burner Attorney Rooney clarified that the Commission would need to find that the burning and grinding uses were compatible with the comprehensive plan in order to move forward. He also noted that the County's There was discussion on how a fire had sparked on the property recently, and the necessary permitting Mr. Commissioner Vargas seconded the motion. burn box. conditions would be added to the Hansen would need to start burning again. The motion failed 1-4. Commissioner Spratt was inj favor ofthe motion, the remainder ofthe Commission was not. Attorney Rooney clarified that the proposed ordinance would move forward with a recommendation for Mrs. Hansen again addressed the Commission to explain that the grinding would aid in the removal ofthe Attorney Rooney explained that the applicant needed to meet with staff to develop ai revised plan based on There was additional conversation on the possibility of fire hazards and the noted concerns. Attorney Rooney explained that two more hearings were necessary prior to the use being approved and recommended that the applicant not purchase any equipment until such time that it was approved. denial. piles faster than the burning would. the comments made. PROPOSED ORDINANCE 2023-12 BIRKLAND PUD REZONE Ms. Crespo provided an overview oft the applicant's request to rezone the property from R-1A to a PUD. She noted staff concerns with traffic and density. She listed some ofthe staff's recommended additional conditions. The applicant's representative Amandal Martin with Johnson Engineering outlined the request to allow up to 128 multi-family units and 40,000 square feet ofcommercial units. She noted the changes in the oak tree mitigation requirements and density requirements since the pre-application meeting in 2020. She stated that FDOT: informed them that two entrances on State Road 80 were not permitted and presented additional Joseph Gellar with the firm Greenspoon Martar LLC, representing the applicant addressed the Commission. He discussed the traffic concerns in the area as well as the enhanced buffer between the abutting residential access option from Clay Street with emergency access on Ft. Thompson Avenue. single-family homes. 2 Doug Smith ofClay Street expressed his concern about traffic within the City. Mark Lapp ofCypress Street spoke in opposition ofthe applicant and in support oft the staff recommendation. He discussed the exceeded density, lack of compatibility with the area, and the need for Dennis Johns stated that Mr. Lapp had covered what he wanted to discuss and did not speak. prohibited access from Cypress Street. Kimber Smith ofCypress Street explained the contrast oft the size ofthe project to the surrounding area, she Dixie Sharp expressed his conçerns for East Oklahoma Avenue access, as well as the drainage issues in the Daniel Rodriguez ofFt. Thompson Avenue expressed his conçern fort traffic, lack ofinfrastructure, the Kathy Adams ofF Ft. Thompson Avenue told the Commission her concern for the school system being able to sustain the population increase, as well as the fire department and police department. She also noted her also noted that she was not pleased with the project architecturally. area. amount ofc development with the project, and the company's history. concerns with the drainage and water supply with the population increase. There was discussion on how the density of the project should be calculated. Ms. Martin then told the Commission that the request was al height ofup to 45 feet. There was further discussion on the entitled density in the area and thel bonus density requirements. She also discussed oak tree mitigation and civic space requirements. She noted the applicant's efforts to make the project compatible Discussion continued on the access points to the development. Attorney Rooney suggested that the possible Ms. Martin explained that an architect had been hired toi meet at least three ofthe requirements ini the code. She noted that there was water detention on-site and that they met the open space requirements at 50 percent. There was then briefconversation on how the developer was not experienced in building something to this Chief Brent Stevens stated that the height oft the building would affect their ability to provide fire protection Mr. Gellar told the Commission that the height of the buildings could be changed ifnecessary. Commissioner Akin expressed his concern with the compatibility oft the project with the neighborhood. with the surrounding residential areas. access point on Ft. Thompson Avenue be used for emergency services access only. scope. ifit remained three stories. There was then further discussion on the access roads to the project. Mayor Wilkins noted that the neighboring residents were concered about traffic from the development moving north through the neighborhood. 3 Commissioner Vargas discussed the possibility ofat transition area from the single-story buildings graduating into taller buildings away from the neighboring residential area. He also noted that the request for the removal of 50 percent ofthe oak trees seemed excessive. The Commission decided to hear additional public comments. Mark Lapp again addressed the Commission about the density oft the project and the proximity oft the project Leonard Enriquez also expressed that the project was not compatible with the surrounding areas, Penny Noel ofNorth Cypress Street addressed the Commission with her concerns about the access roads to to downtown and how they did not comply with the comprehensive plan. the project. Kimber Smith again spoke against thej plans for the project. Gail Perry spoke about the lack of compatibility and the possible strains on the infrastructure the project Greg Swann echoed prior residents' comments stating that the developer was asking for drastic changes that could cause. did not benefit the community. Dennis Sharp also spoke against the project. Amanda Martin addressed the comments made by the residents and Commissioners regarding buffering and enhanced landscaping. She asked the Commission for direction on possible access from North Cypress. She touched on the possible transition area and how that would affect the building heights in other areas ofthe Joseph Gellar again explained that the developer was willing to make changes to accommodate the project. She discussed the tree mitigation plan and the density on site. neighborhood. There was additional conversation on the allowed density ofthe project. Attorney Rooney recommended that the Commission note their concerns in the motion sO that the applicant Commissioner Vargas motioned to approve the Birkland. PUD Rezone amendment with the conditions noted in the staff report as well as amending the master concept plan showing 64 units and to discuss an had direction. emergency entrance on N. Cypress. Commissioner Ratica seconded. Commissioner. Akin noted that all the conçerns were: not able to be noted in one meeting but agreed with the staff's recommended conditions. Attorney Rooney clarified that the Commission found the applicant's proposal incompatible. The motion carried 3-2. Commissioner Spratt and Mayor Wilkins were noti inj favor ofthe motion. 4 Commissioner, Ratica made a motion to adjourn. Commissioner Akin seconded the motion. The meeting was adjourned at 7:20! p.m. APPROVED: Attest: Q Commissioner Daniel Akin, Vice-Mayor Apnolabotu Jess' Zubaty, beputy City Clèrk 5