I'd like to reconpean the Board of County Commissioners meeting at 501 PM The first item will be the budget a lot of County Board of County Commissioners budget Okay, I'm ready to proceed Okay Sure, okay, you ready? I'm ready to proceed. Okay. Sure. Okay. You ready? Sorry. All right. The Allotra County Board of County Commissioners convene the public hearing on the Allotra County Physical Year 2025 final military and a physical budget as required by the Florida Statute Chapters 129 and 200. And as advised, as advised in the Truth and Millage trim notice, as well as the Ellectra County Legal Notices website on Friday, September the 20th, 2024. If anyone in our audience is here for the purpose of contesting their assessment. A petition for adjustment with the value adjustment board should have been filed by 5 p.m. Friday September 13, 2024. This information was included in the trim notice sent to each taxpayer. The petition forms were available from the Property Affairs Office. This evening we will take a number of actions relating to the adoption of the physical millichrate and budget for the physical year 2025. I encourage you, if you have not already done so, to get a copy of the agenda. So you may easily follow the proceedings this evening. Citizen comments will be taken following the overall of the tentative budget by the county manager and the assistant county manager for budget and physical service. The county attorney will now present an overview of the truth and millage legislation that followed by the County Manager's explanation of the final and rollback millage rate. Great. Okay, Mr. Chair. In 1980, the Florida legislature adopted what is known as truth and millage legislation or trim as it's called. The goal of the legislation is to ensure that taxpayers are advised of the public hearings at which the local taxing authorities budgets and milligrates are considered and adopted. Each year the property appraiser completes an assessment of the value of all property and certifies to each taxing authority the taxable value of the property within its jurisdiction. Each taxing authority then notifies the property appraiser of its proposed military. It's rollback rate and the date, time and place of the public hearing to consider the proposed military and the tentative budget. Once a property appraiser receives the information, she sends the notice that includes all of the reference information by first class mail to every taxpayer on the assessment roll. The notice is sent to taxpayers, it's called the information by first class mail to every taxpayer on the assessment roll. The notice is sent to taxpayers. It's called the trim notice. The trim notice lists what the taxes were for the prior year, what the taxes will be if the proposed budget changes are made, and what the taxes will be if no budget changes are made. This information is listed for each taxing authority. The notice also lists all voted levies for debt service. The purpose of the tram notice is to provide taxpayers with sufficient basic information to enable them to participate in the public hearing process. One of the requirements of the Truth in Millage Legislation is to provide information about why final milligrates differ from the rolled-back Millage rates the final millage for the Board of County Commissioners Countywide Levy is 7.6180 mills which is 6.92% greater than the rolled-back rate of 7.1286 mills the final millage for the Board of County Commissioners Municipal Service Taxing Unit, law enforcement levy, is 3.5678 mills, which is 7.78% greater than the rolled back rate of 3.3103 mills. Rollback millage rate is defined as the millage rate which exclusive of new construction construction additions to structure, deletions and property added due to geographic boundary changes will provide the same advalorum tax revenue for each taxing authority as was levied during the prior year. The trim process requires that a notice of a budget hearing be advertised when the current year final aggregate millage rate equals the calculated aggregate rollback milled rate. The aggregate rollback milled rate is calculated by dividing the prior year estimated property tax revenue by the current year taxable property value multiplied by 1000. The current year taxable value does not include new construction or tax increment CRA values. For the 2024 tax year, the proposed aggregate milled rate of 9.0866 is 6.92% greater than the aggregate rollback milled rate of 8.4985 resulting in advertising and notice of tax increase. The current year, fiscal year 24, property tax revenue for all taxing units, excluding voted millage is $195,636,204 is $17,478,980 greater than fiscal year 24. The increase in property tax revenue is necessary to fund the appropriations to operate the general county and MSTU law enforcement taxing units. Tommy Crosby, assistant county manager for Budget and Fiscal Services will now present an overview of the final budget for fiscal year 2025. Mr. Chair, the total county final budget for fiscal year 2025 is $866,896,138, which is equal to the tentative budget adopted by the board during the September, 2020, 24 public hearing. We'd like to take the time to explain the differences between the fiscal year 24 and the fiscal year 25 budget, because there's this substantial increase if I could get the overhead please. Thank you. Thank you. So, obviously we have spent many months and many meetings discussing this in-depth. So this is more for the public than the board. The board is well aware of what's gone into building this budget and provided advice and direction as we built it out. But this is more for the public to understand why the changes in the budget. So taxable values increased by 9% over 2024 that generated approximately 18.4 million dollars. There was approximately 2.2 billion dollars in additional taxable value in the general fund and one billion dollar in the MST for law enforcement. We did decrease the millage for the eighth year in a row. Over that time, we went from 8.9 to 9 mils. So right at 9 mils down to 7.6, 1, 8 mils. So that's a 14 to 15% drop in millage rates over that period of time. The budget increased by approximately $110 million. In this budget, about $23 million for public safety, that would be law enforcement and fire rescue both. It's about a 16% increase. $27 million for all other operations, which is a 10% increase, which aligns with taxable value increases, which woulds with taxable value increases, which would be really economic pressures. We did increase our debt payments by about $4 million, but also compensation, general inflationary costs that we've been talking about quite a bit, driving cost up. So our 10% for operational costs are in line with our taxable value increases that reflect the market. The bigger items that are driving the budget up are capital improvements that we're going to issue debt for. So we've added another $36 million for the courthouse. Now this is additional over last year's budget, not total. That number is going to be north of $50 million when we come back to you. But we've added $36 million in additional dollars in 25. We talked about the $10 million to advance purchase some of the large vehicles that we have large lead times on. I think we're still waiting on an ambulance from two, that we ordered two years ago. So we need to get some of these orders in for the fire rescue, some of the large equipment, public works, as well as the mobile command center that the sheriff had requested. So those are all built into that debt issue. And then we've notified of a $15 million FDOT grant for the Archibray Kanapa Hot Trail. So those three is about $61 million. So that makes up your $110 million to kind of give you an idea that we're not throwing money away, we're investing it mostly in the capital and in the public safety and I'm trying to stay up with the economic factors of the time. So with that, Mr. Chair, this concludes my comments on the final budget. I will be happy to answer any questions about the budget at this time. Are there any questions? Okay. Okay. Okay. So, okay. Now, I like to invite citizens to comment on the physical year 2025 final millilitre rate and final budget. Please come forward to either to the podium to either podium. If you wish to address the board, we do request each speaker try to limit his or her comments to three minutes. The hearing will continue until everyone who wishes to address the commission has had an opportunity to speak. Okay. Are there any citizens comments? These citizens comments are divided. Okay, seeing that. Going back. Okay. I will now close the public comment section of this public hearing. Mr. Chair, the budget documents before you, the fiscal year 25 final budget is equal to the ten of budget adopted by the board during the September 10th, 2024 public hearing. Any additional adjustments to this budget can be made by motion of the board at this time. We do we do have budget and it was during the year does a revised. You all know that already do that. Florida statutes require the name of the taxing authority the millage rate to be levied the rolled back rate and the percentage change over rolled back rate be publicly announced. Accordingly the Alachua County Board of County Commissioners has determined that a final millage rate of 7.6180 mills is necessary to find the final general county budget. The final millage rate represents an increase of 6.92% over the rollback rate of 7.1286 mills. Mr. Chair, I would move adoption of Resolution 2024-075 establishing fiscal year 25 final general county military So you got a motion of a second any further comments those in favor of the motion vote by the sign of our Those opposed same sign motion carries Move adoption of resolution 24076 nothing revenue estimates in the final FY 25 general county budget. Second second. Got a motion there a second. Can you hear the comments to the motion that's on the floor? Hearing none of those in favor of the motion, both by the sign of I. I those opposed same sign motion carries. Florida statutes require the name of the taxing authority, the milled rate to be levied, the rolled back rate and the percentage change of a rolled back rate be publicly announced. Accordingly, the Elach County Board of County Commissioners has determined that a proposed millage rate of 3.5678 mills for the municipal service taxing unit, law enforcement, is required to fund the final municipal service taxing unit law enforcement budget. The final millage rate represents an increase of 7.78% over the roll back rate of 3.3103 mils. Mr. Chair, I move adoption of resolution 2024-077 establishing physical fiscal year 25 final municipal service taxing unit law enforcement millage rate. Second. I got a motion in a second. Any further comments to the motion? municipal service taxing unit law enforcement millage rate. Second. I got a motion in a second. Any further comments to the motion? Those in favor of the motion vote by the sign of I? Aye. Those both same sign, motion carries. Mr. Chair, move adoption and resolution 204-078, dopting revenue estimates and fiscal year 25 final municipal service taxing unit for the law enforcement budget. We got a motion in a second. Any further discussion to the motion of those in favor of the motion. We'll buy the sign of I those opposed same sign motion carries. This concludes the final budget public hearing. Chair, we'd like to thank the board and the manager for their leadership in this. And but also the OMB team and led by Moe and they've done a great job. We appreciate it. So thank you. Really good job, Tommy. Thank you. Thank you. Thank you. I think our next item is going to be the reorg by the county manager. We have a hearing this that assert. You wanted to move that special okay. Yes. Oh, okay, I'm sorry. We have the public hearing on the. I'm moving too fast. No, very good. You're getting great. You're getting great. You're getting great. Right, so we have the public hearing for the non-advalorant special assessment, hospital assessment. We'll let Moe. Mr. Chair, this is something that has come forth from the federal government. It's related to the hospital properties and the nonadvalorem assessment, which then when those assessments are charged, they are utilized to provide for Medicaid and Injigin care. It's something new and we've been asked to put it forward. So I am requesting that we hold the public hearing and that you approve the resolution set forth. And if I can't just to be clear, these are these are requested by the hospitals to be charged to the hospitals that will then be reimbursed to the hospitals to support in-engine care. So it's sort of a recycling of funds. With an intermediary. With an intermediary and federal government. Added something else to do. Okay, correct. And it will only be assessed to those that the hospitals that qualify, I believe there's four that will list. HCA, UF Health Rehab, select specialty hospital and UF Health Shans. Correct. Move to approve the recommendation for the non-ablorim special assessment for hospitals. Okay. We got a motion in a second. We open a public hearing. Okay. Open it. Are there any citizen comments? Okay. Seeing none. Those in favor of the motion vote by the sign of aye. Aye. Those opposed. Motion carries. Thank you. Now would be the time to do that. motion carries. Thank you. Now would be the time to do that. Yes. Okay. So yes. So, Mr. Chair, earlier today we put off the portion of my agenda because I was not here yet regarding the reorganization and the administrative order that was on the agenda. So we're going to do that really quickly before the I am required to bring that to you at a regular meeting per our ordinance. I think it's getting a feedback from something. Yeah, I think it's that. I think it's that. Is it my computer? Oh, it's that computer. Okay. Yeah. It's open. It's open. It's open. It's open on it. It's open on it. It's open on it. It's open on it. It's open on it. It's open on it. It's open on it. Testing one, two. Does anyone have their zoom on up at the dice? there. Is anyone in the I'm sorry Mr. Chair we're kind of troubleshooting this. Okay no problem. You still hear it? I don't know because I can't hear it from my position. I don't see it here at the end. You don't hear the echo anymore? I hear it now. Yeah I hear it. Okay good. That's one about hearing something. Testing one two It's not gonna I think it's when we talk down there. You're like hearing us come back at you. I think it's going now, too Yeah, okay, so is that? Okay, okay, as I for everyone, pursuant to our ordinance and our rules, you all have 30 days if you wish to raise any objections or concerns. So we do have at least two more meetings before that 30 days passes. So I don't need a motion. I don't need it adopted. It will simply take effect under our rules unless something is brought up and there's a desire to, basically veto what I've proposed. Okay. So, and that is it. Okay. All right. Thank you. Okay. I guess we'll move to our next item. Which is the preliminary plan for the Newberry Village. Just a reminder for the board that we will have another public comment period here. Yeah, shortly. We can do it now. Yeah. I see five, thirty. About thirty somewhere. 530 somewhere. You're right. And this is quasi judicial. So we need to be sworn. So by the time we do that, then we'll pause for public comment after that. Okay. Yes. All right. Any extra more to your communication? Okay, yes. All right, so are there any x-mortaid communications at all? Okay, so I had a meeting with Mr. Dedenbach and I think the applicant in the manager's comfort room. I believe maybe a year ago, maybe, maybe, between one and two years ago. And that's the only export that I can remember. And we discussed trees. We discussed a lot of potential restaurants and a lot of interactions with our staff about things that needed to happen in accordance with our code. That's what I remember talking about. Name ahead of meeting with the applicant and their consultant. Yeah and shared some of their ideas around ways to address issues in our code and at the time also we're talking about amenities that they might offer like solar and charging stations and things like that. And I brought up the need for affordable housing in that activity center. Right, I had a similar meeting and I think at that meeting I brought up a swimming pool. So it's been a couple of years ago but I do remember seeing the plan as it was laid out. It was an in-person meeting. As chair I had the same privilege to to meet with the developer to discuss those issues for that site. And Mr. Chair, I think the board has all received quite a few emails. Yes. Yes. Yes. Thank you. Thank you. Yes. Yes. I have a little script. Okay. So this is a quasi-judicial hearing. All persons wishing to testify or present evidence during this hearing will be sworn in prior to speaking during this proceeding. All persons have the right to the chair to ask questions of staff or other speakers to seek clarification of comments and to respond to comments or presentations. All persons who present random materials to the commissioners for consideration must ensure that a copy of such materials is provided to the clerk for inclusion in the board's record of the proceedings in official minutes. While we welcome comments from all persons with an interest in the proceedings, Florida Law requires that the County Commission's decision in a quasi-judicial action be supported by competent substantial evidence presented to the board during the hearing on the application. Competent substantial evidence is such evidence as a reasonable mind would accept as adequate to support a conclusion. There must be a factual basis in the record to support opinion testimony from both experts and non-expert witnesses. Persons presenting testimony may rely on any factual information in the record to support their testimony. My understanding is that we haven't had any party requests. At this time, Mr. Chair, we would ask if anybody wants to be considered as a party and they need to explain to the board how they are more directly or substantially impacted by the application than the public at large and they have to explain why they weren't able to put in their application during the time that they were supposed to put in their application. Okay. Are there anyone that wants to be an effective party? Okay, seeing none. All right, swearing at anyone wishing to swearing if you could raise your right hand a stand for him. We're going to go ahead and take public comments at this point and if there are any citizens that would like to make any public comments please do so. Not related to the item that's on the agenda. Yes. If I could have the screen to, could I show this on the screen? Yeah, you can. So basically you may have seen a study that was widely reported across the media several weeks ago. Basically in the city of St. Louis, they took a whole bunch of neighborhoods that had no tree canopy and had fairly high heart attack rates. And they wanted to see starting in 2018 if they did a very ambitious program of planting basically the biggest trees they could along homeowners own lots, along city streets, along anywhere they could to see if it would reduce the heart attack rate. And so they conducted the study as a randomized controlled trial. They took a gridded sections of the neighborhood to either get the trees or to continue the current practice, which was not to have any tree canopy. And so over several years, over the past six years, they recruited volunteers to measure certain biological markers for heart attacks and other risk. And what they found was statistically significant consistent reduction in the risk of heart attacks and the risk of overal mortality. So basically somewhere around the order of about 10 to 15 percent. And that's just from trees like just starting to produce canopy to plant it in 2018 and just starting to produce some canopy now. So heart attacks are the number one killer of people nationwide every year, somewhere around 600,000 deaths. So if you get a 10% to 15% reduction, that's quite a lot of people. So increasing tree canopy in our urban areas might be a very important public health measure. And just around county, give you some examples of different soil development. This is some 1970s offices off of Northwest 13th Street. I apologize about the color. But basically the live-oaks are older than the buildings. I was trees a bit around as long as I can remember and I get to this look to be about 1960s, 70s offices. On the other hand, you see areas that didn't do a very good job of tree canopy. This is a aerial photo of the Oakmont subdivision. It was approved by prior commissions about 10, 15 years ago. It had fair to stinted in. It was pasture before they developed. It's there wasn't a lot to work with. But as you can see, the houses are space so that they're never going to have canopy, unfortunately. It's important to go forward that we make sure that it's possible to comment today. I encourage you to, if you Google the study, you'll find the dues article about it. They have a whole video. They interview the professor at the University of St. Louis who conducted it. Okay. Thank you. Are there any further citizen comments? If not, okay, we're back. Thank you Good evening, Mr. Chair Christine bearish. I'm the development review manager with growth management I've been sworn in copy of my resume is on file and This item that you're about to hear has been properly advertised and since some of the comments that came in in the last day or two Have been relating to notice. I thought I'd just briefly go over the public notice requirements of this preliminary development plan application. When a preliminary development plan is over threshold and is required, I hear him before the Board of County Commissioners, instead of the DRC, all the forms of notice are required. The first one would be the neighborhood workshop that the applicants required to conduct with mail outs and things and notices for that. They conducted their neighborhood workshop actually in August 15th of 2022. They combined that workshop with the COMP plan amendment which you guys all have heard and adopted earlier this year. And so they had a workshop and met that requirement. Then when they submitted in September of 2023, they're required to post signs along the edge of the property. And they did that. They collected their signs, and they're supposed to give us back enough a David that states that they posted their signs within a certain time frame. They did that as well. We received that notice on September 11th of 2023. Now we have these projects. They take a while to review and it's not uncommon for them to need to replace their signs and which they have done. In fact this application before you today was accepted by us on August 6th which was actually the day after our last hurricane and I do remember them coming in and collecting a whole new batch of signs to replace. We also make sure we ask every applicant when they resubmit to check their property for signs. And we always make more signs available whenever they need so that they can replace the signs throughout. Due to weather, panhandlers love our signs, mowers sometimes destroy the signs, all kinds of things could happen to the posted notice signs during the review process. As you were aware, the signs fell down, they replaced the signs last week, they gave us photo verification of that. The other two forms of notice that we require are published notice, which used to be Gainesville Sun, but now that's our legal ad website, and we went ahead and we had that published to the county site on September 11th, and we also have mailed notice, the written notice requirement, and sending those postcards out to all of our citizens, and we also sent that out on September 6th. Therefore, we've met all of our notice requirements, and we're pretty comfortable with this today. We've also been checking Monday.com every day to make sure anyone that's received a mail out that's put in a comment or requested party status has been heard or received, and we actually haven't had that many comments come in that way either. So we're pretty comfortable with our mail outs, our published notice, our posted notice, and all the other notice requirements in table four or two, 12, one. I just have a quick question. With regards to the neighborhood workshop, it was conducted in 2022. It's now 2024. I'm just wondering what are, I mean, it sounds like it's now 2024 I'm just wondering what are I mean it sounds like it's it meets our our it checks our box But I mean I'm their development plan and their concepts have probably Shifted quite a bit from 2022 till now Do we not require a second neighborhood workshop or a workshop within a certain time frame of the hearing We don't have any limitations like that and it is pretty common for them to combine a rezoning and a PDP layout. Gotcha. Or in this case, it was their comp plan a moment, which took a little bit more time to even have to come back with you for revision, which wasn't really in their control either. Right. So we don't have a requirement for a second workshop at all or an expiration on your workshop. Okay. Thank you With that we will proceed with the preliminary development plan for newberry village traditional neighborhood development It's a T&D with a maximum of the 639 units 224,750 square feet of non-residential uses. It's in the 7600 block through 8500 blocks of West Newberry Road. This is on approximately 87.15 acres. It's mixed use future land use. And then it has a few different zoning. We've got medium density, medium high density, high density, and wholesale warehousing zoning districts. And then these couple of next sides kind of just give an overview of what the purpose of our TNDs are for by providing some sort of flexibility and housing types and commercial uses in zoning districts that may not typically have them. And that's, this is our zoning regulations that states if you propose a development that's over 300 units, it's required to be a T&D. And here we have a general location of the property. You can see I-75. There's a newberry road and newberry village and all the zonines are shown. And then this is a nice GIS map we have that kind of shows some of our approved development plans. You see the project is on Newberry Road. Here's Fort Click to the west, and you can kind of see a small, low water T&D there. Here's an aerial view of the property. You can see a lot of planted pine from the civil culture uses from previous uses of the property. We do not count that civil culture in our tree canopy preservation calculations. I just wanted to point that out. I think we're all familiar with the, you know, Newberry Crossing and Fun Works and Skate Station. Once again, that's that little water property over there across Fort Clark. And then here, you can kind of see a little bit more detail of it overlaid over the area of how this would be laid out with connections to 76th and Newberry, as well as Fort Clark in a future phase, as well as there will be a connection also to 15th Avenue. So these are just some street views of existing conditions. This is the existing driveway that serves this property on Newberry Road. This is also the location of the main entrance to Newberry Village. This is Fort the location of the main entrance to Newberry Village. This is Fort Clark Boulevard. If you recall, there's a big square base on the Fort Clark. This is the western edge of the project where an entrance will also be added. And then this is that kind of dead end you see over by Skate Station. That is always intended to be a connection to this property that they will be connecting to at 76 Boulevard. And then here is 15th Avenue, which runs along the northern edge of the property. I think there's some office parks and warehouses up there that a newberry village will also connect to on 15th. So here we have, this is our general T&D master plan that we have for all T&Ds. And the important things that it shows here are the layout of the blocks in the streets and the network and that the blocks meet all of our required sizes and minimum sizes for blocks. We also have a central point which in this case is a big tree in a roundabout. The pink sort of polygons are what's considered the village center. The yellow ones are what we call transit supportive areas which has a little bit different standards. We also have all their stormwater shown. The main road networks and connections to 1576 in Newberry. We also have their conservation areas and open space shown on this. You can see there's some wetlands and trees, and then of course these 60-inch trees in the village center which we're going to talk about in great detail soon. So they're required to provide 10% open space in a T&D, and they've exceeded that by preserving all of the conservation resources, which there's some surface waters, wetlands, and buffers. There's also flood plain here. You kind of see this hatched area that isn't green. It's just, you know, flood plain and drainage easement that exist on the property. They've also incorporated more tree canopy around the conservation resources and between some of the conservation resources that also counts to their canopy preservation, as well as the small common areas that will be around the 60-inch trees. Therefore they've exceeded their requirement for open space. Oh, and one other thing I want to point out, they're required to have access to the open space. So this orange pathway is their open space trail to give people a way to kind of walk along some natural area, west of the basins, and it will connect into the pedestrian network in the road there. There's also an orange line here kind of going through the trees, and an area that we think could support a trail without creating much of impacts or no paving will probably just have a hard surface path to connect that open space from one end to the other, also tying into the pedestrian network of those roads. There's also like multi-use paths and things throughout the development as well as multi-use paths in the roadways as well. We'll talk about that in a minute. So let's talk about trees. I believe your backup had an incorrect number up here. I think it said 22% and that's an error. This plan is correct, the staff report is correct. So what I'd like to point out is how we got to this number. They're required to protect 5%. And you are familiar with our tree code has a list of a hierarchy. The number one thing on that list is conservation management areas. So first, they've met that by setting aside the wetlands and the buffers and come up with that calculation. And that is the total that we have right now is 9.35 acres. And so the initial canopy is actually 4.43 acres, which is made up of CMA. So that's 9%. Then we added in the 60-inch trees to that calculation. And that gives you another 0.82 acres, another 1.8 percent. And then the rest of it is these tree areas that are kind of in between and around the conservation resources on these other edges, and then there's some planted, there's some pine trees over here in the north, the west corner, and that also is an additional 4.10 acres. So the total that we have is 9.3 by Bakers, which is 20.9% overall for the T&D. So they exceed the minimum requirement, but we also made sure that we carefully calculated to ensure that it followed the hierarchy list, and that anything you see here in yellow is just extra canopy that they propose to save. And then we have some 60-inch trees. And our Azure Aware trees over 60 inches diameter breast height have additional protections in our code. We have one tree that's actually in the CMA and it's sufficiently protected. And so I'm not going to go into much detail about that particular tree. But we created this map to kind of give you a layout of where these other trees are in the village center. So we can talk about the protected areas that we're asking for in our conditions for those trees. So here we have this is tree 532. It's a 74-inch live oak. I wanted to make sure that it was clear in the record, you know, the work that the forester does when she conducted her site visit. This is just some language that we use. The trees rated 3.5. It's above average health and bigger for its size, co-dominant, bark inclusion, 60 percent crown density, girdling roots. These are technical terms the forester provides and also uses to analyze and rate these trees health. This is tree 1459, which is a 70-inch live oak in this round about here. That's also the central point of this development. It's rated 3.5 above average health and vigour for its side, codominant trunk, 65% crown density, and root flare present. And then, you know, the, are these both slides? I think the title of the slides incorrect. This is tree 1509, which is the one right next to it. It's a 68-inch live oak. It's also rated 3.5 for above average health and vigor for its size. It can't be structures even, and it's a 60% crown density. And then here we have tree 8.57. It's 70-inch live oak. It's right near the entrance there. It's rated four. It's in good health and vigor for its size. It's got lower dead branches. 68-5 to 75% crown density. You can see some staff there in the photo. So now let's talk about the protected areas. According to section 406.12.5C1 for physical protection during development activities, it states for undisturbed areas, the area to be protected, it shall be equal to the area of the drip line of the tree unless the county determines a larger area is more appropriate. Do the unique nature of the growth habit of the tree or unique site conditions. The required undisturbed area may be up to two feet diameter protection for every inch of diameter at breast height. The plans that you see show two different circles. The green circle is the drip line that they surveyed in the field, and that dashed line is that additional protected area. If you calculated that, and we asked them to show that on the plan. The plans currently identify the trees to be saved to the drip line only instead of the two feet diameter of every inch at rest height. And the following lists sort of what that maximum protected area would be if we were asking for that maximum protected area. But I also need to point out and I'd like to go over this list carefully with you, that not all the trees are symmetrical. You know, some of the drip lines are outside that dashed line circle. Some of the drip lines are lopsided, you know. So it's not a perfect way, you know, neither requirement is a perfect way to protect these trees. So an effort to give them some clarity of what they can do in their design, between preliminary and final, we came up with some conditions. But before we talk about the conditions, I want to go over this sort of maximum protected area in this list because this is what we're using as our baseline to calculate the protected area in those conditions, okay? So, tree 532, 74 inch live oak, the protected area circle diameter of 148 feet would be that maximum protected area. This tree has a skew canopy and thus following the drip line would not sufficiently protect the critical root zone. So an increased root sow protection on the opposite side of the skew canopy is required. So kind of adding extra area on one side of the tree to capture the root zone is what we would need here. For tree 1459, it's a 70 inch live oak. The protected area, the maximum protected area would be a diameter, circle diameter 140 feet. Tree 1509 is a 78 inch live oak. It would be protected area of 136 feet. And then tree 857, that 70-inch live oak near the entrance, the maximum protected area circle diameter would be 140 feet. But there's limited impacts to the west side of this protected area may be allowed due to that location and alignment of that existing road and that right-away connection right there at Newberry Road. So we're asking for increased root zone protection for the undisturbed area on the remaining sides of that tree. So one side could be impacted, but the rest of the tree on the other sides, we would like to see more area. So here's the conditions, and I went ahead and added these pictures as well, since your backup presentation to kind of help us see what we're talking about here. So for trees 532 and 1509, we must have additional protected areas equal to two feet of diameter for every inch of diameter at breast height. The county may authorize construction impacts to the additional protected areas per ULDC section 406.12.5, C2. The impacts must not exceed 50% of that additional protected area. So what we're talking about is the 50% of this extra area between that survey dripline and that maximum dash line circle that we're giving them a little bit of flexibility at final to work with, but also still ensuring that we're gonna have enough room to ensure, like in this case, it's a skewed canopy. So, you know, we wanna make sure the other sides of the trees are also protected for the root zone. So we're also asking that the applicant must identify specific mitigation measures, such as mulching, irrigation, and other tree health strategies as an Element of final development plan if impacts to the additional protected areas are proposed. So those are just some other things that aren't really in our code, but that we would like to see like a management plan perhaps for these trees and for their health and care after construction. For tree 1459, must have an additional protected area equal to two feet of diameter for every one inch of diameter at breast height. The county may authorize construction impacts to the additional protected areas per ULDC section 406.12.5C2. The impacts must not exceed 50% of the additional protected area. The area of the survey drip line that exceeds beyond the additional protected area is credited towards the maximum allowed impacts. That's the one here where it kind of goes outside the circle. That's what we're referencing. The area of surveybbling that extends beyond the additional protected areas credited towards the maximum allowed impacts of the additional protected area, the applicant must identify specific mitigation measures. For example, mulching, irrigation, and other tree health strategies as an element of final development plan if impacts to the additional protected areas are proposed. 3-857, this is the one at the entrance. The proposed access point on Newberry Road is impacting the western drip line of 3-857. 3-857 must have an additional protected area equal to two feet of diameter for every one inch of diameter at breast height on the remaining sides. The county may allow impacts to the north and south side of the additional protected area per ULDC section 406.12.5C2 if the east side remains undisturbed at final development plan. The applicant has worked closely with staff and analyzing these protected areas and getting clarity on these conditions and they have agreed to all the conditions proposed in this preliminary development plan. Next, let's talk about transportation. This looks a lot like our typical T&D master plan with the addition of a couple of other features. One thing I didn't point out before is that this will be constructed in one, two, or three phases. Phase one is everything south of this sort of aqua colored line. I don't know what else you would call that. So everything south and everything to the right is south. And then phase two would be these last TSA blocks and this connection to 15th Avenue. I also want to point out the bus rapid transit route in this TND is 76 and as well as this north south road, and it'll circle around the roundabout. There's a transit station right here in the village center, cross from that roundabout. There's also another transit station over here, kind of closer to 76. You can barely see it. It's just a tiny little triangle that says T. Also, one other thing I want to point out, 76 can barely see it. It's just a tiny little triangle that says T Also one other thing I want to point out as staff has found this One way bypassing to seem unnecessary and unsafe so we recommended a condition to remove that That's also going to help with protecting both of those trees that probably share root zones together So that's a win-win for both of those things. Also, I just want to point out all the right-away shown on this preliminary development plan have sufficient area to provide the required sidewalks, multi-use paths, bus lanes, bike lanes, and all of those things we require in our T&Ds. We also have some other, before we get to conditions, let me talk about alternative compliance. This board doesn't usually see alternative compliance for T&Ds. We usually deal with that at final through DRC, but we asked them to propose anything they were thinking that they might, you know, want to request. And we thought we would go ahead and analyze it now and just let you know that for this one block at TSA-1, they're requesting alternative compliance for the limit of two dryways per block face. And that's due to this sort of narrow track dimension here on this kind of southwest edge of the project and the connection to four Clark. We also feel that with they have a pedestrian sidewalk, a connection, on the north side of that road that provides a safe pedestrian access into Newberry Village where someone wouldn't have to cross any driveways anyway. So because of those two reasons, we feel that we would support this alternative compliance proposal for this block and we've included a condition as well for preliminary development plan approval and then there will be evaluated and implemented at final at the DRC. So here are the conditions of approval relating to transportation. The central bypass lane within the circular roadway at the southern end of the project must be removed prior to the middle of final development plan. The applicant must provide a complete traffic impact analysis with the first final development plan in Phase 2, which evaluates the appropriate mitigation strategy, i.e. signal or roundabout justifications for the intersections of Northwest 15th place and Fort Cork Boulevard. Implementation of the mitigation strategy approved by the county must be provided by the applicant before the county will permit a connection from the development to Northwest 15th place. The applicant must provide a continuous sidewalk on the north side of the east west roadway connection. Excuse me, to Fort Clark. To exceed the dryways per block face limitation in ULDC section 407.68, C2C, and provide up to four dryways on the northern block face of TSA1 using alternative compliance, the applicant must construct the east west sidewalk concurrent with the construction of block TSA1. And then any operational and safety improvements required by FDOT access permits are the responsibility of the developer. This preliminary development plan is consistent with Elachua County's conference of plan and unified land development code and we're recommending approval with conditions of the preliminary development plan for new Berry Village T&D and resolution to your 2440. That concludes my presentation.R. 2440. That concludes my presentation. Okay. Thank you. Okay. Titian. You hold our questions to the applicant as presented. Uh, yeah. Yeah, that's fine. Yeah, I think. Yeah, too. Applicants presentation next. Yeah. Okay. Set up for just a little bit of housekeeping here. Good evening, Mr. Vice Chair, commissioners, madematerny, mademot system county manager, madem clerk. Before I start, I wanted to enter the applicant's exhibits one through 13 into the public record here this evening. I've provided an index and these packets for you and due to the size of these materials here, we've also included a pair of jump drives here that will have all the elements in here. And this document also contains the resumes of myself, Jerry Dedenbach, AICP, lead AP, accredited professional, Mr. Robert Walpole, professional engineer, lead accredited professional, Mr. Jim Harriet, professional engineer, licensed registered to practice in the state of Florida. Mr. Craig Brazier, here, AICP planner, who's also participated in this application. Mr. Andy Woodruff, who is our Vice President and Director of Environment and Ecological Services at our office. And then Mr. John Michael Simpton, who I'm sure was looking for parking outside. He's also a professional in Landscape Architect in St. Florida. And he came in after you swore everyone in. So if you wanted to do another loop and catch people that walked in that might be appropriate because he may have to testify Can we go ahead and swear that Sorry, we're gonna have to stand Raise your right hand for me. Do you suddenly swear or affirm that a testimony you're about to give is a truth, the whole truth, and that's about the truth? Thank you. Thank you, sir. So thank you for allowing me to put that into the record and do a little bit of housekeeping because we have several people that worked on this. And as you know, we've been in this process for a few years. When we came to speak to you all before initiating the Comprehensive Plan Amendment, which had text-specific policies, we sat down with you and talked to you about the things that you all wanted to see from a land use perspective in Elatua County as we continue to develop inside the urban cluster here. My presentation isn't tremendously long, and as Christine stated, the applicant is accepting all the conditions here. So I'm going to jump into this. We are here tonight on behalf of Fuqua Development and the purchaser who is actually Fuqua acquisition to LLC, and I'm also here with Ms. Patrice Boyce of Stern's Weaver. Okay and she is legal counsel to this process. Last I didn't have a resume in here but Ms. Donna Calla Barria who has a master's in landscape architecture and works in our office in both our planning and landscape architecture departments so she's been in invaluable resource during the course of these years. So the applications before you this evening are for a preliminary development plan for a mixed use traditional neighborhood development, TND. And the intent is to design engineer and permit a mixture of uses consistent with the comprehensive plan and unified land development code requirements as your staff has just text-stified to as they conclude their presentation. The potential uses here include a mixture of multi-family residential units, restaurants, commercial retail, office and a hotel with associated parking, open space, and the urban infrastructure to support and interconnect this approximate 90 acres on West University Avenue or New Berry Road with the surrounding context area. I wanted to include that, again, your staff has done an excellent job. This has been a very interesting process because it is a very large site inside the cluster just under 100 acres. And we have worked diligently with all of your departments to achieve this recommendation of approval. And that doesn't go lightly here in our minds. So as you might remember a couple of years ago, when representatives from few quite development were here, they talked and showed you other examples of mixed use projects that they have successfully created across the Southeast United States. And I believe that they are the number one developer of mixed use in the Southeast United States. This is Peachtree Corners, which is a very similar sort of footprint in the sense that it is a mixed use project surrounded with blocks that are fronting residential and seamlessly integrate in civic open spaces. As you can see here, and then integrating retail with residential, with large open green connectors, and this is a fairly new project that they worked on up in the Atlanta area. They are the contract purchaser of the project site. They are the sponsor of this application, and they will be the site developer. They've done over 40 projects in the Southeast United States, including four million square feet of retail off-space and over 7,000 multi-family units. They're known for their innovative high quality, mixed-use development and urban sub-urban settings across the southeast of the United States. And they have one ward from the Urban Land Institute, the International Council of Shopping Centers, City of Atlanta, DeCab County, and also the Atlanta Business Chronicle for best in Atlanta real estate. And they have been pursuing this project diligently over the last three years. These are some additional shots, and they have particular relevance, because when we showed you these years ago, when we started the comprehensive plan amendment process, we identified things like centralized roundabouts and walkable main streets that connect into civic areas. And so these are examples that are going to be carried over. The detail that you see here will not necessarily show forward because we are still at preliminary development plan and there will be multiple final development plans where you will see additional detail about things like tree plantings and specific block treatments. But the PDP or the preliminary development plan lays out the groundwork for how this 90 acres will proceed forward through final development plans. The idea is to create spaces that engage people, that allow people to live in a setting where they can walk to recreation, walk to restaurants, work in an area where they live and play, and also create safe spaces that are interconnecting our existing built environment. Most of you know to the north of this project is 15th. Charles Perry Partners OEC, the Gainesville-Latric County Association of Realtors, there are a lot of businesses on the north side. There are also multifamily residential projects to the north side and to the west side and single family residential subdivisions to the south. This is an interconnecting piece of the urban puzzle inside the urban cluster, very, very proximate to Interstate 75. So just as a little bit of housekeeping, we've conducted neighborhood workshops on this. This is from our 2023 workshop which was held in July and myself, Mr. Braser, I believe Donica were there at the Tower Road Library and we had four people. We sent out direct mailings. We had an ad in the Gainesville Sun and Mr. David Salter who owns and operates OEC was present. One of the property managers from the Abutting Department Complex was there, and there were two other individuals. The comments that we received during the neighborhood workshop process was, are you going to interconnect us? Will our residents in the apartment complex have a way to walk to your restaurants, work in your development, go to the grocery store, or utilize your trails and the answers to all those questions were affirmative. Yes, we had no opposition at the neighborhood workshop. So here's the historical timeline. You recall that we started talking to you about this project in early 2022 and the yellow portion of this timeline here represents your action to amend the Electric County Comprehensive Plan, specific to the text-related policies on this property that came forward from the 2005-2006 and then 2010 settlement agreement. The green line below here is our PDP process, which is why we are here tonight. We began with our pre-application meeting in July of 2023, about one year ago, held our neighborhood workshops submitted. We've been through four rounds of staff comments. So during our time working with staff, there have been four cycles of revisions to materials, requests for additional information, and polishing the application to reach consensus on all items with staff. As you would remember, the comprehensive plan amendments did primarily two things. Number one, I believe Mr. Brewington was standing here that evening, is they removed what was redundant language from the site-specific policies in favor of your adopted TND and TOD policies. So under that premise of removing the redundant language, in favor of your adopted TND and TOD policies. So under that premise of removing the redundant language, you cleaned up this portion of the comprehensive plan specifically for these parcels. What you also did though was you retained the site-specific transportation thresholds in the comprehensive plan. So under the settlement agreement that El Hatchewa County came to when this project was originally envisioned in 2005 and 2006, you held those in place. So we have a trip capacity or a cap on our trips here and that was retained in the comprehensive plan and is being met through the mixture of uses and the limitation of residential and commercial on the site. So a little bit of context, this is the project site immediately west of I-75 on State Road, 26 Newberry Road, and you can see the city of Gainesville has portions of the land that's here, north of Newberry Road, Home Depot here, but this is largely all in the urban cluster of Alachua County. This is also in the Oaks Mall Activity Center, and you can see to the north of here, this is the Santa Fe College Activity Center, and this is portions of the Spring Hill Activity Center. So as such, we are in filling a viable property that is surrounded to the north, the south, the east and the west with urban development. This is the 87.15 acre site and as I told you before when I stood here for the comprehensive plant amendments in the 1980s when I put myself through college working at the frame factory in Galleria I used to sit here behind the building and eat my lunch on the hood of my Jeep and watch the farmer chill these feces of property, watch the dust out there as he would plant water melons or different crop come in plant peanut and stuff And so I've watched this property personally since the 80s when I worked right here in between the publics and what then was a came art The property has mixed used land use and therefore it is eligible for a TND specifically as stated during the course of staffs report presentation and the documentation is consistent with several policiesatio County Comprehensive Plan. The property has four different types of zoning, R2A, R3, BW, and R2 up here in the corner. And it is consistent as staff has stated during their professional presentation with Chapter 407 and therefore it is eligible to be AT&D. And on page six of the staff report, you can see here staff's documentation that the PDP is consistent with the Unified Land Development Code for Elatio County. So I wanna talk back a little bit about history because that's a very important consideration. What we have before us here on this left slide, this is the historic aerial from 1937. Just prior to the Second World War, after the Depression, and on site there were one, two trees, and a tree down here at Newberry Road. You can see that all of this area was in active farm and agricultural uses in the 1930s. In the 1950s, you can see the introduction of planted pine here in the southeast corner and civic culture activities that were occurring less than 20 years into the future. So, 89 years ago, the site had three trees, basically, on it, a low-lying area here, one along what was probably a dirt road in 37, and then that little area there is a depression area here that sits in this overall floodplain. But the site has largely been in agricultural use over the last 90 years. Here is 1974, and you can see the cameart and the publics weren't there at that point in time and there were still active agricultural uses throughout this entire area here. If you jump 20 years into the future, 1994, you can see that now Newberry Square shopping center is here. 76 Boulevard comes up and stubs to this portion of the property and those trees that were there in 1937 are still there and they've had some additional secondary growth that's occurred along farm row lines in that area here. But this road was stubbed up to that property for the ultimate interconnection. And to note, the area here of 15th to the north had not yet been developed in 1994. This project sitting in western Elatua County is in an area that has cast mapped resources and you can see from the northwest where the floodplain is and where it illustrated just a few moments ago. There's a little wet spot right there down here along the south. But this property is no different than any other property that's out here in this area with portions of car sensitive areas beneath portions of the project site. This is the Federal Emergency Management Agency's FEMA Flood Plane Map and you can see consistent with that carst area there and that wetland that I showed you from the 30s shares a little bit of flood zone with this portion of the property here but as you can see flood zoning exists throughout 15th and Fort Clark Boulevard west side of Fort Clark Boulevard in south of Newberry Road here so this project site is virtually similar to all other lands in Proxima area now looking specifically at property, we want to talk about the site area, and Elatio County's development process is largely a process of elimination. When you get a site, you look at the gross area of the site, and then our goal, working with your comprehensive plan and your staff, is to identify areas of specific environmental, ecological, or cultural type significance and protect those first. So we have a nice map set, hopefully, that we've created here that talks specifically about those areas. Our conservation area has 1.17 acres of wetlands that are identified here, here, and here, and there are associated buffers. So there's going to be a conservation management area of 4.82 acres. There's the floodplain, and you can see that 6.83 acres of that is included in the project site, and over the top of this FDOT base, and there's a little portion there that'll also be in our site. So those areas will be protected. The existing canopy, as shown in here in green exists here. The siliculture activity of the planted pines is excluded from that canopy but not unimportant. Our canopy preservation area A represents those original trees that you saw from the 1930s that are sitting here and the reason that there is a wet area here is that when the creation of these properties to the northeast, skate station and splits and their retention basin were formed, they have been historically draining across this property into the farm field. During the course of our Comprehensive Plan Amendment and also during the course of our PDP, there were times when we found that water was being pumped into this site. So it has created what we would call a swallowed there, basically a scoured out sort of ditch. To address that and additional areas on site, we are creating a conservation management area. The trees that are over 60 inches, 100% of them are being protected. And area around this area where the wallet is, and additional canopy, and additional canopy here, will also be protected. So as you know from your Unified Land Development Code, a TND requires 5% tree canopy. As stated by Christine, and as documented in our application, we are protecting 400% of your requirement. We are four times the requirement at 20.9% of tree canopy. So that's four times what's required. And your staff has acknowledged that in their staff report. And again, you see this is page 8 of 21 of the staff report here that the developer has met that and Christine stated that during her presentation. So working with the City of Gainesville and the regional transit system, there is a mapped transit route for a dedicated transit lane to come up through Newberry Village, Newberry Place, and go through here. Mr. Harriet and myself met with Haysu's Gomez and we met with RTS staff to ask them how they would like this to proceed because in addition to creating that essential link that will connect into 15th which will then interconnect places like the Oaks Mall, North Florida Regional Medical Center, and other residential properties it'll go in between our two residential areas here and connect residents directly up to Santa Fe College and the Spring Hill Activity Center. We are also making a leg that comes down into the Village Center and the property and the project as consistent with the preliminary development plan will have a superstop here that will serve this residential area and this residential and we'll have a transit superstop down here in the village center core. So that is the linkage and we've designed that large roundabout to do two things. Protect those larger trees that are down in the center of the property as well as create an adequate wide space for vehicles, pedestrians, cyclists, and buses to get around. And a bus pull out, superstop here that will serve the non-residential kind of core of the village center. So that is what we're going to do for Rapid Transit. And the city is greatly appreciative of that. So here is our actual green space map. This represents the PDP, this is the Village Center, this is the Transit Supportive Area, and again, we will be connecting that road that went through the old Newberry Plaza there at 76, sweeping it up to miss these wetland areas here. We can't do anything about this that has been impacted historically by previous development, but we're going to sweep that road up to the north and then bring it down into the village center and create a transit stop here that will serve this residential area, and then a transit second superstop here that will serve this entire area for future bus rapid transit. So here are the conservation management areas illustrated. This is that swallow it where you can see comes right off that retention basin and that portion of the road and drains through the property site. We are going to protect that entire area right there. There will be 9.35 acres of canopy preservation here, here and through these 60-inch trees. And our stormwater basins will integrate to create large centralized open spaces that run almost the entirety north south that will be served by a trail system. So residents here, as well as employees at work at CPPI or OEC, could get on this trail system, leisurely walk down here, or if they're coming down for lunch at a restaurant or if they live over in the apartment complex here to the west side on 15th they can access this by non-vehicular means as well as we will have a pedestrian connection from this apartment complex into the village center and interconnecting into this trail system. We'll have additional open space that will cover the area in between retention areas and tree canopy areas. So in total, we will have an additional 4.66 acres of common space pretty much all along the western side of this project up against legacy on Fort Clark, as well as the other residential community that is here. Then our primary development areas are abutting the existing development pattern to the east and then along Newberry Road with our first non-residential component here and then here. So you can see how this protection scheme works. Bustrapper Transit will come in, drop down, run through the village core and then out, serve these businesses, and then on up to Santa Fe College in the north. So the total pervious green space area in this project is 33.16 acres out of 87 acres. So we have managed to keep 38% of the site in green space. Our travel lanes, much like if you've ever been in Butler Plaza or if you've driven through celebration point, we will be preserving 36 feet in a 100 foot right of way for future transit facilities in here. We will have modest size travel lanes at 15 feet and over on one side we will have actually protected bike lanes, landscaping and then sidewalks and then on one side a multi-use path. And again, as documented in your staff report, this is consistent with section 407.142 parent A and this meets the requirements of the Unified Land Development Code for TNDs. I am sure that you have questions. Myself, Ms. Boys, Mr. Brasier and Mr. Harriet, Andy and John Michael Simpson are here to answer those questions. I know that you have received emails over the last several days, so I would like to reserve the opportunity when things come forward to talk to present additional documentation, because some of the things that I know that you're going to be asked or in the course of public comment are actually requesting lesser protections than what we are offering in this plan. And I think we'd like to be very clear about what our intention is in tree canopy as well as open space and buffering. So unless you have any specific questions right now, I will take a breath. Commissioner Prinsig. I guess it's not necessarily a question for the applicant. I guess I'll say thank you for working around the big trees. I know that was not the original plan and I can see that you really took to heart what our commission said when we originally spoke with you about those trees and the importance of protecting them. So thank you for that because I know it wasn't easy to figure it out. And I appreciate that you're also creating the conservation management space and expanding the protections there. It sounds like the buffers of the wetland areas are beyond. It looks like they were in the report. It said 35 feet. But then there's additional green space beyond the buffers. And so it looks as if those buffers will actually be larger due to the protection of the adjacent areas. I'm just interested because we talk about a 50% average, 35% minimum, and I'm just, it been, it looks like the buffer itself is, I'm guessing, the spot around those actual areas and then the green space beyond that really ultimately acts as an additional buffer so getting us to that 50% at least. And I can speak to that and I actually anticipated that question. Thank you Mr. Chair. The areas that are identified as wetlands you can see two lines around them and I'm going to talk about this little pool area here and the little squiggle. The interior lighter line that you see is 35 feet. The exterior line that you see, the darker line, is 50 feet. So there is a wetland identified area there. The lighter line around that is 35 feet and the darker line is 50 feet. Your standards for wetlands less than half of an acre, and these are totaling like 0.18 and 0.17, so it's 0.35, it's less than half an acre. It requires 35 foot minimum, 50 foot average. But as you can see, if someone were to say, I think they should do a 75 foot buffer. I can tell you that the area from the actual feature to the edge of this conservation management area is often 200 feet. So in this area, if one were to ask us to go back to 75 feet, you would be getting lesser protections because what we have done is in this entirety, we have gone well beyond what the 35 or 50 foot buffers are, and we've protected the whole area. Inside of a 7-point, I believe, 4-6 acre area. So in spots, we have several hundred feet to the edge of the protection. So it's been greatly exceeded. And then the other question that I have right now is with the work, the little two things. One is, there is quite a bit of topography on this site, correct? It's not like a... There's a fair amount of topography. And so I was just wondering, it appears that you're working with the topographic features in terms of all of the, obviously all the stormwater you have to, otherwise you'd have flooding. But I'm just wondering how you're minimizing sort of the potential of flooding and runoff issues on such a high-to-backed topographic site. And particularly during construction is what I'm concerned about sort of run off and silt and issues during the phases of construction and being able to make sure that we don't have major issues with that in these lower lying areas. Okay. Topographically, Mr. Chair, the low portion of the site exists kind of in this area where the floodplain is. And you can see back historically, there was a wetland area that was even there in the 1937, riding right around here around the fence line. As I explained to you during the presentation, these areas that are largely impervious, parking lots, bowling alley, skate station, and so forth. They have their stormwater here, and as I've explained, it has crept over and gone through this area. What we are doing is, since the low-sportion of the site is the western, we've kind of created this conservation and stormwater management crescent. So the idea is to buffer these areas, contain, stage, and then ultimately discharge. So as you go from the highest points of the site, which are the eastern portions here, to the western portions, we have an interconnected storm water system. And you can see, and I'm going to back up, and you'll lose a little bit of color here, but our system ultimately will interconnect this off-site drainage into this pond. This will connect to this pond. This pond connects to this pond and here and here. So we will stage that topographically down the hill and we will have sedimentation and erosion control that exists. So during during construction we're not crossing over. Now you climb the hill when you start to go this direction here toward these properties over on Fort Clark Boulevard. So our concern as is yours is to maintain that construction activity inside that line and this will be effectively preservation area because it is flood plain and that area there as wetland. So we will keep it in the valley, so to speak, on our property, Mr. Chair. And then thank you for that, that's helpful. And then my final question is in our, in our comp plan and policy 2.1.8, we require low impact design techniques for storm water management in carst areas and which yours is. So I'm wondering if you all have plans for that as you move into your design plans, things like around the streets scabying or parking areas if you're planning low impact development already or if that's something that will be considered more as you move into the phases of design and development. Mr. Chair, we are considering low impact design techniques and technologies on this and we are doing it over multiple areas of this site. As you can see there's not a lot of storm water in this area here and there's a basin here that sits between the old came art, now Florentacore and the strip connector or inline tenants and the publics. We will have both surfacial basins as well as underground and other techniques that interconnect the urban spaces in here. Since the site has a variety of soils and it has been till chilled historically for agricultural uses. There are some areas where the top soil, which has good permeability is much thinner. You said it's been moved off to, yep, it's been flipped. So these basins are actually pretty large in sith and scale, which will be open space areas, but we are going to connect within our different blocks of VC1, Village Center 1, VC2, VC3, and TSA1. We are going to connect these stormwater systems to interlink, hold for quality, okay? Scower out the, you know, refuse that people throw on the ground, right? People still smoke, people still throw straw wrappers out the windows and stuff like that. But we are going to create a system here of a combination of underground and low impact techniques before it gets to these basins. It will all be an interconnected system. And that's why this phase one I might add is so big here because it takes in the core of all this urban infrastructure. Okay and from day one it interconnects the roads, water, sewer, electric gas, fiber as well as having an interconnected storm water system, Mr. Chair. Thank you. The last thing that was more of a comment than a question and that is the bottom sections are all primarily commercial development and then the middle section and the top section are residential. Is that your yeah? So I understand in commercial sections it's going to be this comment is going to be much harder than although there are still parking areas where it can be done but certainly in those residential areas one of the conversations that we've been having is regarding trees. As you know you just had lots of conversations about them. But one of the things that we're starting to have conversations about under begin to try to understand is the fact that a lot of our tree canopy that could be protected during the development for individual trees on residential lots or in parking lots get nixed because they don't, you don't want to worry about impacts to them because then you're going to be charge mitigation, et cetera, et cetera. So I guess my comment to you slash sort of just question request, I guess, is, you know, I'm really interested in learning what those impacts could be, like what trees could you all protect with your development plans as you're moving forward? And how can we look at what those impacts might be to the trees and would it be viable to be able to protect those trees and how can we begin to make different decisions about protecting existing trees versus just clearing sites and planting new trees? So I know that's not something we have in our code or in our conference went currently. And so it's not requirement and I'm not planning a condition on that. But it is something that I'm very interested in, beginning to understand. And it's conversations that we've had that, our requirements, requirements on drip line impacts, and things like that can ultimately lead to more of our tree canopy disappearing than we would like. And instead of having houses that have existing trees that get protected and then the house gets built and they get nice canopy from the get go, they get some spin-lead tree that gets planted and takes 30 years for them to get canopy. So to all us to say, if there are additional trees in your residential areas or commercial areas where there's parking etc. that you might be able to protect that aren't currently on this plan for protection. It'd be very interested in understanding that and seeing how we might work together to make that happen in your plan moving forward. OK. So with that comment, Mr. Chair, in our conversation that we were having today reading some of the comments that you will receive during public comment, I want to assure you that as trees got larger from 20 inches to 30 inches to 40 inches to 50 inches to 60 inches and above we increasingly increased the Quantity of the larger trees on the site We did that specifically from a design ethic because removal of the secondary and tertiary invasive exotics, which are documented in your staff report, will help increase the canopy health on site. Now the ones that we're saving, you saw that there are 3.5, they're of great quality, they're beautiful trees. Okay, so we're going to save those. But we really do feel strongly that, as stated, Mr. Chair, prioritization and select thinning will help make the canopy out there healthy. Right now, it's a mess. I mean, it is tertiary growth. It has lots of invasive exotic, core allodesian things like that out there. So what we do when we design these residential areas and then specifically come in with the final development plans will be very important because one of the comments you will probably receive tonight is how is this going to have tree canopy in 20 years? Well we, and I don't know that number because we haven't prepared a final development plan, but imagine that we will be literally planting thousands of new high-quality trees that you want out there, live-oaks and not water-oaks, not laurel-oaks. So we will be putting better quality trees with less competition so that canopy can be healthier and provide more comfort to the pedestrian realm, the residents as well as the mixed-use thing. And Mr. Chair, I thought the question was going to say, are you going to put any residential on top of the commercial and the answer to that would be it is a part of the design plan. But you didn't go there, so. Well, I figured you didn't have, you weren't quite there yet with all of your design in terms of heights of buildings and numbers of units per building so I didn't want to go there. But it is a question I'm interested in as well as the affordability of the housing on this site. Yep. Okay. Okay. I think we should go down. Commissioner Cunnell. Thank you, Mr. Chair. So my first comment is we're inside the urban cluster. And I remember the conversation with Commissioner Byrly and Hutchinson, Chuck, you on the board. When we talked about four-clock boulevard and that, we talked about if we're going to develop, it's got to be inside the urban cluster. In looking at what was presented tonight, I'm a little bit blown away, Jerry, because it looks nothing like our first meeting. Our first meeting did not really, in my mind, consider the topography and the live-oaks and just the way the land moves. I mean, when you look at the right side, the eastern, it's 134 feet. Drops down to 86 feet. It goes back up to 112 feet on the road. I appreciate the 1974 pictures. That's what I remember when I rode my bike to 7-O-Leather and it was a pastor. So I appreciate those pictures. And what I saw with the conditions is a lot of work, I mean down to the foot level of each of the trees with staff. And I want to thank staff for all that work. I mean, that's a lot of work and it shows. And I appreciate it being in the conditions. That's very hot out there when everyone's out there sweating underneath those trees. Well, when you look at the pictures though, when you look at the pictures of 1509 and 1459, those two look like they're married. They really do those two trees in the middle. And you know those root structures are connected underneath, and it really is the center of your development. You have created that as the center of the development. And then, I mean, I'm blown away by tree 857, the entrance way. That tree is like the tree my kids got married under. I mean, it's really fabulous so my first question to you is how are you going to protect those during construction I saw something about fencing I saw I mean like like walk me through okay we're approved and now we're starting. Tell me what happens. I want the public to understand how important those are and how the developer and the staff is planning to protect them. Well, first we have, it's in the staff report, they're called comments for final. Our tree code does allow us to ask for additional fencing, like chain link fencing, stronger fencing. And that is one of their comments for a final that we're expecting to see at a minimum for those 60 entries. You know, if they, a little orange bearcade has no chance against an excavator. So, we also have better coordination, I feel like now, through all county departments, in our construction permitting process. So like, they're not gonna get a construction permit until the forest or has been out there to inspect those barricades. And sometimes things come up like maybe there's pruning needed or maybe you saw one of the trees that has a skinny little water oak up in the branches. Do we keep that? How do we carefully take that out? If there's trash or any other things like that. But we inspect that and we withhold their construction permit until we verify that all the barricades are in place according to our approved plans. Great. I don't know if we want to talk about maybe when we get to final if we need any additional protected barriers for the CMAs. I mean, there is a lot of topo that we were talking about and that was one of the things I was thinking about since there's so much going around on all of these CNNs. Yeah, I mean, I'll just say to the applicant and to our staff, I mean, I trust that you all will take care of it. It's a tough site, you know? I mean, it's really slanted. And to me, that's the whole, that's the whole enchilada right there. Yeah. It's the protection on the front end so that you can then really do that development. Jerry talked to me a little bit about if you could, kind of the plan for the tree planting. I heard you say planning of 1,000 trees, or that seems like a lot, but how are you going to kind of fill in that conservation area, or what are you gonna leave in the conservation area? What's the plan for that? Mr. Chair, ask us that question at final development plan. Okay. Seriously. for that. Mr. Chair, ask us that question at final development plan. Okay. I still know if you, I mean, knowing what's out there, what, what, there's a lot of it need to come out, or is there stuff that you're going to save. There's, there's a lot that will come out. There's a lot that's in poor health or in such grave situation because of the competition out there. John Michael has done an amazing job of synthesizing and we have spreadsheets that will tell us by tree type, by tree size and condition what we have. So I think when we develop that during FDP, we'll probably come back and really, you know, we have licensed our worst in our office at CHW. We'll kind of holistically reweave that forestry palette there. But trust me in saying this, it has been such an immense amount of work to get to this point. That's really FDP. But I understand and you know we hear your comments and at least three people are writing them down and more. And we'll address that that time. I appreciate that. I really appreciate the comments you heard when we had that initial meeting two years ago or whenever the heck that was. Because I see it right now. NTSA1, which I guess is phase two, Map Genius is showing that is literally a wetlands. Is that not a wetlands? It's not. OK, so that's just wrong on the map genius. You've found there's a lot of over mapping, Mr. Chair. The actual wetlands that are on site are illustrated here. As you saw too in that over mapping that I'm talking about. It shows this FDOT very rectilinear basin as being part of floodplain and mapping over the top of this area. A lot of that is inaccurate mapping to the edge. Okay. This is all field verified by Mr. Andy Woodruff and his staff as well as Elatio County staff. Okay. And I covered a little impact design. Thank you. Quickly. Well, you're before we leave that, that the additional protection. I do think it's important for us to think about that. I mean, we say we trust us to care about it and it's not that I don't, but I do think lately I have been noticing that a lot of our developments are really slacking on silt fencing and fencing areas, particularly when they're doing large sections like this, you know, like I'm actually thinking about our own project along 16th, the new construction that they're doing for our multi-use path. I mean, the the amount of runoff that we're getting when we get these storms is pretty great. And it's really hard to do silt-fencing when you've got a linear project that's that long, but this is gonna be an also really big project. So I think silt-fencing, especially given the the topography is gonna be really, really important for you when you're doing some of the construction around these conservation areas. Fortunately, Mr. Chair, to Commissioner Prisya's comment, we're working inside of a closed site. So we don't have to have people driving down at 24 hours a day, seven days a week while we're building it. And we can be more conscientious to obviously sedimentation and run off and stuff because we're inside a closed site. But yes, I drove that corridor twice on Saturday and I was like, well this is interesting because yeah, after a big rain, you get gullies and washouts there on 23rd Avenue going to Santa Fe College. Okay, Ms. Bearish. Can I talk to you about some of the conditions? So the first two are regarding those first three trees, 530 to 1509 and 1459. 5509 and 1459 are are the two that are married together. Would it make sense and would the applicant object is if in these conditions we added like fencing as a condition? Is that something that we would do? It's already in the staff report as a comment for final and it's a pretty standard comment that most of our developers are aware of. Yeah, the only additional thing I was thinking of is these conservation management areas, since there is so much going on around them. That's not been contemplated in this review, but I have seen in some of these size projects that that might help keep people from parking in those areas or things like that. So if there's any condition needed, that might be one you might want to ask the applicant about about additional barriers for the Conservation Management Area or Tree Protection areas. I think right now we would probably be going with orange bear cades in those areas. Okay, but fencing around the trees. But yeah, the sixteenth trees are definitely going to get the chain link venting around them. Okay. We'll stay on top of that as well. Now that we have two foresters, we can inspect the site throughout construction, which is our goal. Okay. And then what's the condition, the condition four and five? So I guess we didn't really talk about that. The conservation management area condition and the go for tortoises condition. Those okay so under comments to be addressed at final development plan those aren't conditions they're just information for you all sometimes they're in here these are just things that we want the applicant to know to be prepared for to address with your final plan. Some of these things might end up as conditions at DRC a final. Okay where is everybody going to park during construction? Have you thought about that or is that another way to final? Mr. Chair, these things happen in phases as well. So I don't know if construction staging has been- Oh, you have a thought about that yet. That's final. The venting for the trees will also happen for tree number 8 316. It's in the conservation area or I think to that end maybe it's fencing all along that bear that Ed. Yeah, I think typically it would be orange bear cades and silt fencing along anything you see that's going to be paved or graded. There's going to be silt fencing anyway. And then the orange bear cades usually follow like the tree preservation areas. There's a 67-inch tree that's being protected as a part of one of those conservation management areas. Yes, that's the one that is, I think I have a better map right here that kind of shows it because it doesn't have. I'm wondering if that one is also going to require chain link fencing or if that one would be. Hopefully, it's right next to the road. Right, that's why I'm wondering. Well, that's what I was thinking is, should we have additional types of fair cates even along some of these edges with the CNA? So Jessica Hong, Senior Forester, we're not requesting chain link fence for that particular tree, but it could be added as a condition for that area to have chain link fence for that particular tree, but it could be maybe added as a condition for that area to have chain link. Any objection from the applicant? Okay, let's add that. Okay. Okay, did this, so I heard Mr. Dean Bock mentioned it had four different reviews. Did I hear of a deficiency notice? Was there ever an efficiency notice? Insufficiency reports are provided to our application, every application that goes through review. If it still has comments and it's not ready for hearing, we issue an insufficiency report. There's actually the chronology on the first page of your staff report outlines each of the dates that they submitted when they received a report and when they resubmitted. And for a project of this scale, I don't think the number of reviews or resubmittles is out of the ordinary for this size of a project. And I appreciate all of the input back reports. Okay, Mr. Chair, those are all my questions. Thank you. So. Thank you. Thank you. Just very quickly, I know we've talked trees to death, but what I'm realizing as we're talking about the trees is that with what we're looking at, people used to want to build by water. Now it's trees, you know, because of what we're looking with climate issues in heat. And so I think it really is part of the climate ready building that we're hearing more about. You know, I don't know, Mr. Dean Mock, if you all are picking up on some of those things that we're hearing here from people who are coming into the boardroom and giving us ideas for new ways to build that make us climate ready. And I think that's pretty interesting. My concern is the roads, that the access, that their roads coming off to Fort Carte Boulevard, that's pretty heavily used road. And I'm looking at, I don't know what phase those roads would be coming out to Fort Carte, but I know with Hidden Oak and Borkhart Middle School over there, there are always cars backed up, you know, trying to get pick kids up from school, which will slow traffic down, and I think that's been one of the concerns that we saw come through in our, I mean, emails is not so much the number of traffic. I mean, because it's going to increase traffic, it's how quickly traffic can then move through that area. So I don't know if it would require then stop lights, more stop lights around it. That's our road at it. Worklark, that's not it stays. Is it County Road? It's County, right? So we would be concerned about that traffic up 23rd going up that hill and then coming, because there's three schools over there actually there's another school too. So I think that you know talking about road access is probably a concern that we have a lot of folks that are worried about too. Not only on Newberry Road but Fort Clark Boulevard. I believe there is a condition requiring an intersection analysis, or I'd say roundabout analysis, in phase two at the connection of 15th and for Clark. So would that be when it actually accesses that road? I mean, when they roads actually open up. Yes. For what I understand, phase two, and this is the north to the left, is that connection to 15th, where that connection at Fort Clark would be analyzed, and also phase two is the other connection to Fort Clark down here at the very kind of southwest as well. I don't think that's requiring an intersectional analysis, I believe. It's just the connection at 15th that potentially have a lighter roundabout. And maybe we'll let could answer any particular questions about the timing of that. But that was also part of the traffic impact analysis. They provided it at preliminary. And that's why we have those conditions today. When that phase comes in, they will have to evaluate that. So that's, I guess that's a question then. Then I have that you don't mind if I come back home. No, go ahead. If two of the three other road connections aren't going to be built until the second phase, that means that all of the first phase, which is the majority of the project, is going to still only have the Newberry Road entrance and exit? Well, there's three on Newberry Road and one in the middle. Well, there are multiple access to Newberry Road and one in there are multiple There's three up to very road and then yes to 76 And that's a right that's still newberry road newberry road newberry road. It's not well then and one coming in on Newberry 7376 that goes out to the light Newberry crossings and newberry crossing. I mean it just seems like we need Connections to those other roads to move 15th out. Yeah, like I just don't know how we would I mean it just seems like we need connections to those other rows to move. Fifteenth. Out. Yeah. Like I just don't know how we would, I mean I just feel like the whole, the majority of the project and most of the transit and stuff is coming when all that commercial development that's going to be at the south end of the property. South end of the property? Yeah. South end. South end of the property. So I guess I just, I worry about not having that connection, that connectivity at 15th that, the first phase. I would need an engineer to speak to this. Yeah. I have a little bit of my knowledge of that area is that, that, that location will primarily be for people coming. Well, in, I guess if you're going... I mean, not to mention keeping the people that want to go to the shopping center from having to go all the way to Newbury and then turn left and then turn left into the shopping center you know. Mr. Chair commissioners try to answer your question. The traffic analysis was done looking at all the access points out to 15th and out to Fort Clark. They've spun the drawing around. So the access point down north is to the left. But you know, down in here to Fort Clark, also an access point down into here. And then the access point here and then the obvious connections to do very road. The traffic analysis was done as though it's one development coming through and we've done that from day one and looked it at that way. So the condition is is when you make this connection to 15th we also then if we go back and re-analyze the need for a roundabout or traffic signal. The preliminary work, the work that we've always done, or already did based on the planned trips that we have there, shows that it meets forance. So we're anticipating that'll need a traffic signal. But it also showed that it needs a traffic signal today without the connection being made by this development. So the idea was to plan out the connection with the development so it comes along together. Just a clarification on traffic signal warrants or around about doesn't mean you have to put one in. If it meets warrants that just tells you there's conditions that may need a signal, but ultimately it's a decision to put the traffic signal in at that point. And obviously it's a decision that is either made to put one in or not put one in because it's met warrants for a while. And the county hasn't decided to put one in at that location. So the analysis looked at building the development up, adding the phases as they come in, and then connecting to the various roadway segments. OK, thank you. I guess that felt like a lot of engineering speak that I didn't totally follow, and eventually I got to the point where you're still not going to build any connections except for to newberry Red and 75th until like no north or eastern connection or western connections. I'm sorry until phase two. Is that correct? I would build the connections when the development there starts to necessitate. A much like you would do in any development. For example, in Tioga, the connection didn't go to eighth avenue until the development got to eighth avenue and then you connected eighth avenue out to 120 seconds. Its only connection was to Newbury Road. I mean, I could do this goes the same thing through Okmot was the same way. It only connected to one roadway until it reached a point and then it connected out. It's just kind of the way it works and the way you build. That way you're not tearing up, you know, as you work your way this way with development, you're not tearing up the entire site, taking down all those trees, displacing everything. I get what you're saying, but you're also saying that this is going to be this bus rapid transit supportive neighborhood and that people are going to be able to reach these commercial areas by bus and the bus rapid transit lane goes up to 15,000. So that means that the bus rapid transit lane and your bus stops that are going to be at that tree and for that neighborhood that's there aren't going to be able to use that bus rapid transit until you decide that it's financially feasible to build phase two. Which for me is problematic because we want people to start using bus rapid transit now and part of the reason we're doing TNTs and TOTs is to get people off the road. And so if we just, we don't know when phase two is going to get built. And so if we only approve, if we approve no connection to 15th and the roadway that's going to be the bus rapid transit lane only when phase two happens then we may never get that bus rapid transit lane all the way to 15. You know what I'm saying? You'll get the bus rapid transit lane up to 15th as soon as the development happens. It'll happen much like Butler Plasas happening today. You have a infrastructure, the land for the bus rapid transit, but they haven't put it in yet. It just doesn't fit with the transit system today. And that's probably the bigger issue with bus rapid transit is the rest of the transit infrastructure is supporting bus rapid transit right now. So, bus buses at all period, really, through the neighbor. And we have talked to RTS and they've indicated that they want to reach into this development. They like the idea of coming up into 76 working the way down in the interim, probably down into this area once that connection is made, maybe back out to here, but it gives them more access to more commercial and more residential to increase ridership. It's just an evolution that happens over the course of the development that will just take time. So you're saying the plan is to work with RTS to create a bus route through the neighborhood in the interim that would pick up the traffic in those commercial residential areas now and then eventually connect it to the north once that development happens. Absolutely. And the infrastructure that goes with it, the transit stops and the station stops and so on. As long as there's a plan for bus transit to come through that neighborhood and pick up this residential and commercial clients and give them the opportunity to use alternative transportation. And I'm very excited about the people being able to walk, like from the areas to the west and to the north. And I do think people will use that with good sidewalk connections. And so I guess that's why it's just a little frustrating to see a lot of it happening in the second phase. Because it just means that for a long time, people are going to be driving. And ostensibly, it going to be great amenities here. People are going to drive all the way down for a clock and turn left, and then have to turn left into this development just to get to a lot of these amenities for a really long time, which is sort of cutting off our nose to spite our face, because we're trying to build these transit subordinate development. But I hear what you're saying, and I do appreciate that at least you're working with RTS to come up with transit options. What is phase one? The right of the blue line. The right of the blue line. I can see if I can pull up a better picture of you here or so. Wait, where are you poking? All of the air. I mean, this is the corner. Mr. Chair, I'll use my mouse. It's a very light aqua line here. That is the demarcation between phase one and phase two. So everything to the right or south of that would be phase one. And then this one block that is called, what is that? TSA one, as well as the residential portion and some store-modder and the connection to 15th would be phase two. There's also a condition about traffic at phase two traffic reports required for phase two. So it's a residential and commercial in there? Okay. Okay, that's center. There is residential. All of the commercial was in phase one. Okay, that's what. There is residential. All of the commercial was in place one. Okay, that's what I believe so. Yes. Okay, and one other quick question it may come later at the planning too, but the residential, we've had trouble downtown trying to get businesses. You guys got some ideas for businesses coming into there. Okay, you do. Okay, people want to be there, putting it, okay. Okay, we just don't need any more empty buildings. That's all. Would it not make sense for you all to make your roadway connections at the start of the project? To 15th, that Northern roadway that, like, I mean, literally to stop it and start it again just to do that final. They may change their minds and not want to do second two. So I hear all of your concerns. My opinion on that is that the traffic study will be very different after phase one is built for that area, for exiting out on 15th and down on 4th Carp Over. Then it would be if we try to do it now. What I see them, what I see the RTS route going is taking a right into Newberry, what is it called Newberry Plaza? Plaza going into this development, circling around and then if that route is continuing to go west it would go down take a right on Newberry road and take another right on 4-carpool of art and go that way. If it even goes west, it may turn around and then go back into the city. And I think when they build, Cherry's moving all around on me, but when they build that residential and that commercial first in the middle of development and into the south part of the development. I think the traffic study will be significantly different out on 15th once that's all built. So I hear my colleagues' concerns and I understand them, but I think we probably will get a better product at the roundabout intersection. I hope it's around about on 15th heading north, then we would if we asked them to build it on the front end. Mr. Chair, I would agree with that for the dozen years or so that I was a transportation planner. I think it was very astutely stated a moment ago that today the transit can come up through Newberry Square. It will be able to drop down in here and then it will interconnect. In the future, when we have connectivity across there, when we introduce phase two here and that little piece there, there will be a much different traffic pattern that's occurring in this area. I was on the phone yesterday with representatives of this property and change may be a catalyst for more change. This was a very auto-oriented development that was done in the 1980s. The excitement at the neighborhood workshop of these folks being able to walk here. What we could do is we could investigate since we have stormwater here of building a trail connection up here at least at this point to bring the residents that are here or the business folks here. If they wanted to walk a trail system down here, we can cross the trail line and that'll get at least a multimodal connection across there and it probably wouldn't necessitate the heavier lift and I have a problem looking at this thing west east either I mean you've got help me out Commissioner Cornell a thousand plus people that are in employment up here in this area. Yeah. Easy now. Easy. And hundreds of residents here, if we could, you know, if it would be okay with you all and not violate the phase line, because now here you can clearly see the phase. If we could work a trail in there across the phase line and just a multi-use trail. That would be a way to get access. These folks could easily access because they're a button phase one, but you could get people down here at least without having to break into it. One other consideration and not crying poor here. This is very expensive to build. And you are talking about interconnecting major Gainesville Regional Utilities, potable water, sanitary sewer, Networks. And so we've got to establish a core infrastructure area here. Then once that is up and running with people accessing Newberry Road from multiple turn points, as well as up through here, then we make our connections. You will get a better result in a traffic study in a couple of years. And I don't think this is going to be a very slow development, actually. Yeah. Questions, Lizzie? Yeah, are you too, concrete? I was going to make a motion add those to conditions. I quickly do want to say something that's not, again, it's another comment, and it's certainly a condition at all. But I do. I mentioned this to the developer when we met two and a half, two years ago, or whatever it was a year and a half ago, and I just want to say it again, you know, our TND and TOD policies, which you know very well were designed to create live workplace spaces. And right now the way that they're being built, the only people who can live there are not, are the architects and the engineers and the doctors and the lawyers that happen to work in the office buildings, and not necessarily the people who work at the Starbucks or the Bass Pro Shop or whatever retail is there. And so I just really want to encourage the developer to consider affordable housing options on this site and to let them know that we have an open RFA for developers who are interested in doing workforce housing to work with us and using our infrastructure surtax to do so. And so I just want to put that out there because this is a perfect project to be a highlighted example of how we can create mixed use development that allows everyone who's going to be there to live work and play there. And so that's my comment. It's not necessarily a condition, but I do hope that they will hear that and help us prove that what we try to do with our comprehensive plan and creating activity centers and these dense urban developments can work for everyone and not just those who can afford it. Mr. Chair, I hear the comment and I believe the quote was, I want the person who owns the cupcake shop to also be able to live in the neighborhood where her shop is located. So we're building true spaces. And but for whether our clients would be here personally, but they are watching. So thank you for that comment. Okay, so Jerry, the two conditions I was gonna add was the applicant provide additional protection area for tree number 8316, which is an acceptable protection area plan for the conservation management area. Is that okay? The lake's acceptable. And then I love your suggestion of building a multi-trial connection to 15th Street. Yeah, during phase one. During phase one. Is that okay, Chair? Mr. Chair, I'd like to go to the other side. During phase one. Is that okay, Chair? Mr. Chair, I'd like to clarify in that condition you said additional protective area but the areas are already protected. Did you mean the additional barriers such as chain link fencing for that tree 8316 as well as the conservation management areas. Yes. That's what I meant. Yeah, and that's acceptable, Jerry. As well as a multi-use trail connecting to 15th during phase one. Patrice and Jerry, you're talking, did you hear that one? Is that one okay? And then the second condition would be the build of multi-use trail connection to 15th or... Oh, got it. Okay. They're in a court with trail. They are. Okay, great. Thompson, so I just wanted to clarify, 83-16 is actually, I don't think the tree you wanted to protect. Okay. Which one do I want? Looking for 83-53? 83-53, oak that we saw that was in very poor condition and it is close to death. Okay, 83, 15, is that the one? 83, 16 was the one that is in poor health. 83, 53, I believe is the live oak you guys were talking about that's in the conservation management area. Yeah, so I was, yeah. Is that right, Christine? I'm going to check my presentation. I think your presentation. And your presentation, Christine, it's 8316, 67-H5OQ. The one that's not in poor health. Yeah. All right, so. Can we have tangling around the conservation management areas, what they said they were okay with. I would like staff to look at the survey really quick to get that number corrected. And I'd like Ms. Hong to clarify it for me. That's possible. I have a typo in my presentation. I see it. I have a way there in the conservation management area and we are putting a condition of additional protection for the conservation management border. So it's already protected. Both of those trees should be all right. So maximum circle. It's just, I think, clarification on how we're protecting it if you want something other than just the orange bearer cane. What you're doing with the other ones. OK. So then we need a condition that asks for the stronger barriers during construction, such as chain-leaf fancy. All right, so I would move approval with the seven staff conditions and the two additional conditions that were just added of the preliminary development plan for new bear village TND resolution DR 24-40. Second. Okay. You got motion there a second? Okay. Are there any public comments to the motion that's on the floor? Did you get it? Yeah. I think John Michael was right, but if you have a condition about CMAs it covers that tree as well. Thank you John Michael. the Thank you. Good evening. Thank you for the opportunity to speak. First of all, the development has improved a bit since the original application. Originally, there's going to be a hotel place where the wetland-reveed creek system is. And now we're up to a 35-foot buffer. The original Insufficiency Report 1, that to be 75 feet. My biggest concern of the development, Puzzle No. 1, is basically Heritage Trees. The applicants, the applicants tree and date of vegetation report, shows 42 groupings of Heritage- size trees. And out of those, it appears the only ones that are getting protected are the ones that are 60 inches above. And that's five of them. So basically we're getting five out of 42 protected and 37 out of 42 removed. So about 88% of the heritage trees are being removed, or at least not designated for protection. And I'll quickly walk through some of the above here. We have a lot of about our 40 inches, 52 inches, 54 inches. These are pretty large trees, but they don't quite beat that 60 inch threshold. So, 27, 25, and 57 inches in this room. The condition score for 1.5, 22.2640. The condition score 3.5, 48 inches for either the 7-inch one that is going to be preserved. Now here 54 inches, 3.5 inches, 45 inches, 3.5 inches, 46 inches, 4 inches. I think the report is we keep coming through all 14 pages of the report. We see a similar pattern of a lot of very high quality trees and just this, that 60th threshold, it aren't getting any connections so far. Here's another 50, you board to one. Very nice. I appreciate the pictures of ladies to see pictures of the tree survey of the actual trees. So my suggestion to you is that we work really hard on preserving trees that go beyond the ones that are getting the perfect protection. I understand that in development you're not going to get able to protect every single heritage tree with perfect protection out to the end of the dripline. I appreciate that they're doing that for the 60 inch above ones. And what I would ask is that they going back to the sheet of just gave you that you make all additional efforts to protect the other heritage trees when possible Knowing that we're not going to be able to protect out to the outer dripline Indeed the land development code and subsection 4 6 12 a 4 says that all efforts should be made to retain regulated trees beyond the requirements of subsection 3 Subsection 3 I believe was the one about the 60 inches of the conservation areas And we used to see a lot more and older developments. I've lived in greedily for a while and that was available in the early 80s. They did a very good job of protecting everything where they did physically put a building. The other conditions I quickly wrap up is the 30% over 20 years. There's a hurry up because I'm keeping it in try to, and anybody else comes up and gives a try to do too. So the 30% after 20 years, I haven't seen it yet. We need to make sure that the development complies with that, the buffer issue, and the buffer along the blueberry row is to try to leave whatever is there when possible. Thank you. Thank you. Any further citizen comments? Hi, I'm Melanie Barr and I'm usually here to speak about saving old houses and old buildings of old. Today I'm here to speak about saving old trees and I do consider a tree that's 70 years old. It's probably older than most of the people in the room. So I am speaking to the trees that are on the site of the Newbury Village Dense Commercial Development and along Newbury Road. And like Matthew said, I do think there should be a buffer. That's the highway is a heat sink. You want some trees to relieve that. You want to provide shade. And as he noticed before, as he noted before, that trees help prevent cancer and heart attacks, and they are good for our climate. So I do agree we need to save more trees than just the few heritage trees and allow some of them that are a little bit smaller to get to be heritage trees. So I'm speaking for the trees, please think of that. I know we've already made your motion, but I do encourage you to look at mortuary canopy, the peach tree corners picture from Georgia. Mostly was asphalt, concrete, and rooftops. I didn't see green space. There's some, but it's not what an average person wants to see. You want to see those heritage trees and you want to trees see trees get to be heritage trees. If you cut them down while they're younger, they don't have that opportunity. Thank you. Any further citizen comments to the motion? Seeing none back to the board. Are there any more questions? Yes. Commission of prison. I guess I had a question of the applicant. I was wondering if you all have plan, again, it's preliminary. So we don't see all the trees that you're planning to protect that aren't heritage trees. Like you don't really talk about that because, but do you have plans to create a buffer along Newberry Road for the development and protect some of those trees along the corridor? Mr. Chair, we were looking having received that comment earlier this afternoon. John Michael Simpson and myself and Donna Craig and others were looking at that. It's a point well taken. There's a possibility, but again, we're at preliminary and so we met this county's requirement for fold. As I stated earlier, selective thinning in there may allow some of the older canopy to thrive more once in base of exotic Get out there, but that's not part of the preservation area. We've got 400% of the county requirement in the other areas, but we can continue to look at that and just allow us the latitude. We hear what you say every time we're here. Next time we're back with more details, I hope to give you more good news as we consistently deliver that. Thank you. Yeah, I hear you and I'm proud of the fact that you guys have gotten this far with the protections. But I get their point as well, May, that we're in the process of trying to make newberry road less of a difficult place for people to travel, and particularly when they're sitting in traffic, if there's some shade on that road it's nice and those trees are still in pretty good health despite their pressure from Ardija which it looked like was the primary invasive there so they seem to be doing okay and anything you can do to protect them we just appreciate you taking a look at that as you're doing your design. Thank you. Mr. Chair, I have a question too. Are we still requiring a business to be right up against the road? Right, I mean, are we giving any latitude to move businesses back away from the road? If you look at the network along Newberry Road, there will be a sort of parallel road along newberry that I think the code requires it to have parking on one side of the road now rather than parking on both sides. So I believe that's what they're planning for here. So no, there's not going to be a building directly with an entrance on newberry road. It will be, you know, sidewalks and newberry road leading into the roadway network to these blocks and streets. And just very village. I was just thinking though it would be really nice if we had the latitude to move these backs so that we could put trees between the road and the buildings. So anybody who was walking could be walking under shade rather than right up against the road. And is that fort carc, though, is that along? That's new very much. It's just cross-site. Okay, that's new. There is a roadway buffer that would be required here. It's usually 10 feet wide and there's some minimal landscaping required. Also these roads will have street trees. So you don't see that now. But there's usually some street trees required So you don't see that now. But usually I'm trying to understand. Some street trees required, you know, on any roadway. Also they tend to sometimes be in between parking spaces to meet their overall canopy. That's your purpose. I just noticed that downtown, particularly off 34th where they put the new publics there and those businesses are buttoned right up to the road. wall-wire off of 13th is right up against the road and it's dangerous, I think, to walk on streets that close to the road. It's also hot and it's not pleasant, you know. So I didn't know if we were allowing buffers now between buildings and their streets. So that may, no, we did that. I know, I watched you guys do that on this board. Well, I think sure they put that business right up against the sidewalk. They will be required to have the businesses along these internal streets. And that's a requirement of the TND. They have build two lines, minimum and maximum build two lines that we require depending on the use. But these also, they tend to be room for landscaping along a pedestrian. Any kind of sidewalk will have some landscaping and shade. Any multi-use path will also have shade. And what you don't see here are if there is a parking lot, and a T&D it's required to be shaded 50% in 20 years. Yes, there's the 30% requirement for the entire T&D, but any block that has a parking lot will also have shade shoes required in that block. These are the elements you don't really see at preliminary, and I think, yes, there's clearing that will be involved eventually at final, but there's also a lot of areas that they're going to be required to plant back. That's part of the T&D design code as well. Okay, thank you. Commissioner Cornell. Thank you, Commissioner. I really appreciate the comments. We had another development that we had this a whole discussion about this. And you know, Jerry and to the applicant in that discussion, they met the code, we approved it. And I'm gonna vote for this. I'm gonna approve it. I think we're gonna approve it. But they also, they had one tree and they came back to us and they were able to protect the floor after they went back and looked at it. Because it was pretty evident that there were a couple in the mid-50s. And I think when they came back and showed us what they did after saving those, I think they actually made it a much better project because to Matthew Melony's point, you can't recreate a 55 inch live-up. You just can, it's been there a hundred years or 70 years or 60 years. And so I hope the applicant will take a really hard look at attempting to save some of those that are in the 50s. I will tell you that this board is having a climate summit in November. And one of the things we've talked about is lowering that threshold from 60 down to a number. And this is ready to be approved. But I also will tell you that I got on the board and felt the wrath of what happened with the live folks celebration point which was previously improved. And that had a lot of impact and the different policies that happened it's kind of where we are now. And what I don't want to happen is that a repeat of that. It's everybody knows this is like the one of the last development places and how it's developed will have an impact. It will have an impact with the community. We're going to hear about it. And that's why I started my first discussion with this is inside the Urban Cluster. You know, this is a golf plan that was developed in 2000 written by Penny Wheat Mike Beireley and and and Hutchinson and to the extent we can save some of these that are below that threshold between 45 and 60 it'll be really really important and I would ask that you take a look at that before you get the final thank you Mr. Commissioner Prisid oh no I'm I'm okay I just a quickly to your point, I just wanted to point. I think that oftentimes that building up against the idea is that the front, the facade of the building is facing pedestrian corridors and facing places where people are moving and then the parking and all the things are kind of in the back. But I think our stuff I've done a really good job in the comp plan that we have now of creating those landscape buffers in the tree so that it's also walkable and it's fun and it's enticing to use those corridors instead of getting in your car and driving from target to lows to home depot to whatever else publics and whatever else you need to do because it's too hot to be able to use those pedestrian corridors and walk. And I did also, I would be remiss if I didn't bring this up. And that is across Newberry Road, there's, like, in proximity to Fort Clark Boulevard, there's a whole neighborhood that's on that other side. And there's a signal at that spot. And there are crashes there a lot. And the way that the terms are aligned, it's really difficult for them to see coming in and out. It's a kind of a difficult intersection that was poorly designed. So I just want to bring that up now while you all are thinking about the transportation in the way in which you align your entrances and exits and all that because that intersection is a problem and it's something that I've been meaning to bring up an MTPO to talk to DOT about because we're seeing more and more collisions at that intersection. So I just, something else for your transportation engineers to think about. Mr. Chair. Yes. I do very quickly. I was really impressed when I first saw this, this development, this, when it was first presented. I still am. You know, I'm'm because we're so weary of looking at ugly, uncreative, unimaginative developments. You know, so we're really hoping that this is going to be an ace. The way it has been presented all along, at least I am you know something that's aesthetically pleasing and attractive and will draw folks into its core and that's what I'm hoping you all will do with this because we've seen some really awful stuff coming into our area and that's unfortunate because we're culture and nature meet you know but we're not seeing a lot of culture in some of these things they're really aesthetically offensive to tell you the truth. So thank you all for putting the energy into it. And going forward, please take that as a pep talk, you know, to keep that creative energy going that direction. Thank you, Mr. Chair. Okay. Thank you. I'm going to make a couple of comments. Two years ago, when this project, or two and maybe a two and a half, maybe I don't know, it's been a while that it came before us. I thought it was a great idea, I think I shared that with Jerry. But we got a lot of complaints about how it's going to look, how the design is going to look. A lot of people in the area did not like it, did not want it, that kind of stuff. And so today, we've seen the preliminary, it looks great to me. I think it's a great plan. I think that you guys took some time. And I think that you guys hear us when we talk. So in the past, and I think you hear us now, and I think that you guys as this process developed through to development, I think that you guys are going to probably meet a lot of those concerns in terms of the trees that are less than a heritage tree to maybe consider. So I think that you guys are going to do the right thing. And so I just wanted to say I'm supporting this today and all of that stuff and hope that as you come back for us that we see it much more better and improved so that the citizens all come along and be happy. So I'm happy at this point because it's a preliminary and it meets all of our guidelines so I'm in support of it. So with that we're going to have a vote those in favor of the motion vote by the sign of I Those opposed same side motion carries Thank you, Mr. Chair. Thank you all They too could be a park for right now y'all you're going to have a path going through there Just make it a park and if you don't get to phase two, it will still be a part. Right to say it. Oh, anyway. I don't have any. I don't think that there are any other business. We adjourn.