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CCMtg11-23-09SMMin IL~I~T~~fiI~~~ ~~'I~"~ ~~I'J~II~i~[I~~~~I~T~T ]L®r~gw®®~ ~~~y ~®~~g~~g®~n ~Irna~~~u ~ li~~ ~~~Tr ~J~rr~°e~n Av~~na~~ ~II{~IE~~r~~I., I~II~]E'IC~l~c~ I~~T`~lIT~1I'~~ I~tc~~I1EM1 ]~IE:I~ ~~9 Pxe~ente Mayo?° .Iro>f~~? M~fl?~g®t ~epr~ty l~!>tayo?° hoc ~IIIl?•~o Co?r??a?i~~io?IIe?° ~®lb C®II•tc~ ~ C®r???a?i~~ioIIaed )`rl[.~G. 66I~ant~>r?" >~t?ndy Co?g??II?is~?o?nem ~?•la?? Sa~k~att 1[~~tIl°i?na Powe?1<, City AdIIgei~iE,t~•a~:®?° ~ l Sarrah M1 ° Mirrars, C?try Cle?°l~ .LoYn?n Pe~terrs, Il?irectoY o~~IIgb><ic ~lorP~~/~;if~y >E??gi??ceu ~FIle?°g'1 l~owe?°,1<?i?°ect®?° off Coc?y?g?uIIfli~y Devefog~?x?enfc CEnII•i~ )i~tlc?f~al~~°,1PIa?an~?°/St©u°mIlwat~?' 71. CA>1J rL 7C~ ®~)El~. Mayor Maingot called the meeting to order at 7:03 p.m.. and then led in the 1?ledge of allegiance. lCD><SC><J~~1[®~1®1`~ ']<'lE~>E ~T~~')E R®~~ 4134 CL1J P1LAl~t~. Mayor Maingot said they would conduct this meeting so as to provide an effective and speedy discussion by first having staff give a presentation on each property. lIe stated property or business owners wishing to spear may do so immediately following the staff report, thei~t the Florida Department of 'Transportation (FDOT) will follow-up; if desired, after the staff and property owner discussions. The Commissioners will aslc questions orprovide coinrrient after FDOT has made their presentation. Ho requested a consensus of the Commission to follow this procedure. Commissioner Sackett moved to follow the proced.w e as described. Seconded by Deputy Mayor Durso and carried by a unanimous voice vote. 1VIs. 13ower advised that staff did meet with :FDOT ot1 each of thE; proposed cure plans and came to an agreement. FDO'I' made some revisions to those plans based on their meeting. She said they would be going over those changes that made the proposals more palatable to staff. She ;Mated based on the proposal the Commission will give a determination as to whether they can live with what FDOT has proposed fir the cure. She said this was not an approval and the _ property owners will be required to go tluough another process that will allow waivers or exceptions. CC 11-23-09/591 Parcel 130, Longwood Veterinary Clinic Mr. Peters said the property owner was looking to expand the use of the property. He stated they would handle this when the property owner meets with staff. Tonight, they are looking to get an agreement in concept as to what the cure is. The property owner will have ninety (90) days to come in and meet with staff in a pre-application to formalize the process. He said the cure was a plan the City can live with and the property owner has the ability to come in with this plan, or an alternative plan to be approved. At that point, the formal process of a waiver would come before the Commission. He advised the primary issue at hand with this parcel is the landscape buffer. The original plan was eight feet of buffer as opposed to ten feet. Secondly, the parking requirements are not met, but that would be part of the waiver process. He stated they would.loolc at the new parking standards that certain land-use requirements have.. He pointed out the landscape buffer area in question and the right-of--way taking. He said they have twenty (20') foot parking bays now and under the new parking criteria they can reduce those to eighteen (18') feet. He stated with that reduction, they believe the landscape buffer will work in this particular ease and staff supports this proposal. Paul Sherma, 646 94-tj' Avenue North, St. Petersburg, said he was the Civil Engineer for the property owner.. He stated they `submitted an alternate cure plan to Mr. Peters. The difference in comparing the FDOT plan is that their plan shows the ground monument sign at the driveway. He advised that ground monument sign and the first parking space adjacent to the driveway are within the visibility triangle. On the plan they submitted, they shifted the monument sign away from the driveway and eliminated a parking space. He said they were concerned about the landscape buffer in the after. They calculated the landscape buffer to be 7.1 to 7.7 feet. He stated their client's intention was to expand the building and put parking on the old Checkers site. He said they would like assurance that when their client comes in for that, he will not have to implement a ten foot landscape buffer. He stated if that is required, then they would lose all of the parking spaces along the front. He reiterated that they submitted their own cure plan. Mr. Peters said the reason staff does not want to deal with the property owner's alternate. cure plan this evening was vecause it is part of the pre-application process. He stated they were looking for the Commission to accept the cure plan. Once the cure plan is acceptable, then the property owner has ninety (90) days to come to the City for apre-application meeting. He said the property owner is concerned about the landscape buffer. Staff recorrunends approving the. buffer as shown on the cure plan which also works with their plan. He stated during the meeting with FDOT last week the sign location was discussed and staff accepted the alternative sign location. Mr. Sherma said they were talking about unifying this site.. Parcel. 133 is the Veterinary parcel. He inquired if when they talk about the waiver for the landscape buffer, was it across the Checkers parcel as well as the ~Ieterinary parcel: CC 11 23-09/592 Mr. Peters respo>rded in the affirmative. Hal Collins, Jr., P.E., Principal with :[belly, Collins, ~ CTentry, hzc., 1700 No1-th Orange Avenue, Suite 400, Orlando, said he was a ronsultant for FDOT and sair_l they understand that when a properly owner goes to redevelop property after the taking has occurred, he would expect a redevelopment plan that would be somewhat different. He stated the cures they are talking about tonight would represent one single development alternative. He said the Fight-of--Way Manager with FDOT; Mr. Jim Clark ~is also with ].iim tonight and Mr. Chad Smith from Seminole County was also here. Commissioner Bundy said with the proposed Fl>OT cure, the sign was not in the line of sight. He stated he was concerned about the process that staff may give assurances that they don't have a problem with this other plan, but without it being before the Commission, t11e Commissioners cannot agree upon that plan until it is before there. NII. Peters said staff's recommendation:; they are malting to the Commission this evening is based upon the set ofplans the Commission has. Staff has not been. privileged to review this alternative plan. Commissioner Bundy said he didn't wa::;rt anyone to go away with the impression that other than what they decide on tonight, the Commission is under no obligation. Mr. Peters said that vas correct. He refit+~rated that all they are dealing with tonight was the cure plans before the Commission. IIe stated the plan supposedly addresses staff's cornrnents made in the meeting last week, but they will be addressing this based upon the plans be~:ore the Cormzlission. He said the question here was in regards to the setback of the: landscape buffer. Ms. Bower said to .approve the cures, the property owner will. be required to come back and apply for t11e waivers. The Com.rnission is providing a conceptual blessing this evening. Commissioner Bundy said he thought the entire purpose of the eminent domain ordinance was to allow FDOT to he able to :present in the taking hearings what the City would accept. He stated if there was something else the Commission. may accept that could be proposed at a latertime would be on the property o«mer. Mr. Peters said that was correct. Staff is recommending approval of the cure plan being presented with the understanding that the property owner still has to go through a waiver process. Deputy MayorDurso said he had a lengthy conversation with stai:f from FDOT regarding ordinances around cure plans„ He stated he understands these plans are presented by the FDOT, and staff reviewed these plans and worked with FDOT. Staff is recommending the Commission accept these plans. Upon accepting these CC 11-23-Q9/593 plans, the City Commission does not bind any of the property owners to these solutions. He stated this says to t11e property owner, as a sign of good faith, when they come here to request the permits to do this work, it is acceptable to the Commission. As dart of the process, the property owner is entitled to ask for amendments to this clue plan and that will start another process. He said when the Commission votes on these cure plaits today, they will be viewed as being accepted by the City Commission. Mr. S11ei7na said on the I'DOT cure plan as well as their cure plan, they have taken into account the reduction of the parking spaces as explained by Mr. Peters. He stated the FDOT talciilg takes out-the twenty (20') foot buffer right up to the parking spaces. Fortunately for them, the drive .aisle between the parking stalls is quite wide at thirty five (35') feet. They are going to reduce that to twenty-four (24') feet and then the twenty (20') foot parking stall will be reduced to eighteen (1 S') feet. He explained this was how they got to the '7.1 to 7.7 foot landscape buffer. Commissioner Sackett inquired if they were sticking to this nine (9) by eighteen (18') feet on all of the cureplans, or just this one. Ms. Bower advised it would be on a case-by-case basis. Mr. Peters advised they have been using the FDOT standards for stopping .sight distances at intersections. He said it is correct that this was not in the City Code. Mr. Sheima said they would request a waiver to that since it is not per the City Code. Deputy Mayor Durso said if they want to change the location of a sign that was not going to legally impact anything, then he would assume the City was going to cooperate with them. Ms. Bowers said they want to help the property owner as much as possible. She said they have been looking at other standards .and. if they make .more sense, then staff will recoimnend approval. Commissioner Bundy said the reason. he brought up the line of sight was because they are waiving the City standards on that if this cure plan is approved. He stated the City would be obligated to what is in a cure plan when a cure plan is approved. Mayor Maingot said they need to work with the property owners to help them be successful in tei7ns of what is going to happen to their property. .Deputy Mayor Durso moved to approve the cure approval by FDOT on Parcel 13~, the Veterinary Clinic. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. CC 11-23-09/594 Parcel 129 Dental V~Iorld (Longwood Professional Centerl Ms. Sower said the parking they had before was sixty five (65) spaces and they are required to have fifty five (5'S} spac~,s. She stated with the cure plan they are bringing the pare<:ing down to fifty five (55) spaces and would be consistent with the Code. She advised with the landscape'uuffer they are required to have ten feet, and they had three feet thaw willbe going down to 1.9 feet. She stated they were using the same sign, but the setback would be further reduced. There are two signs .and they are only supposed to have one. the said staff agrees in concept to allow them. to restore they comparable nonconforming copy ai•oa on the sign and the height as in the before condi ion. Mr. Peters said staff was recommendin;; approval as presented. H:e stated they have asked them to place the parking out toward the road so to have the maximum turnuzg radius into the site. Kent Hipp, Esquire, GraylZ.obinson, P..Ei., 301 East Pine Street, Suite 1400, Orlando, said he was here on behalf ofs. couple of different properties. This property is Longwood Professional Center that includes Dental World. He stated they have reviewed FDOT's original cure that was submitted and the new cure. He said the new cure was very similar to what they had proposed. FIe stated they had some concerns, one with the grade of the driveway, but these types of things are not impacted by the waivers the Commission was being asked to grant. IIe said they understand the City was trying to go to monument signs, but they would like to keep the same sigiz. 1VIr. Collins said there were t~vopole si;;ns there now and this property has dual roadway frontage. The Code allows a sign for each roadway frontage. He stated it was important to mention in the before condition that there is 3.3 feet. of grass between the parking and the sidewalk along State Road 434. In the after condition there will be an additional three feet approximately from the right-of way to the back of the sidewalk for the proposed r~~adway. Collectively there will be a green space of almost five feet that will be available. He said it will be very similai to the before condition.. He stated in regards to the parking spaces, a. nine (9) by eighteen (1S) space is code compliant i;n the City of Longwood Code provided you have a wheel stop. Commissioner Sackett said he would like to see them prevent someone wanting to use this as a cut through in order to avoid the Traffic light at.Palm Springs Drive. 1VIr. Peters said their preference~would be to leave only one entra~xce to this site. However, when you. take away entrances there was a substantial penalty for FDOT to pay. I-Ie stated if it is already there, it was very difficult to take it away. Commissioner Bundy said without the second cut out, you would be forcing people on Palm Springs Drive to pull out on State Road 434 and making an iimnediate right turn. CC ].-23.09/595 Mr. Peters said it was worse to make people traveling west to be forced in to making a U-turn. Commissioner Sackett moved to accept the cure proposed for Parcel 129. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. Parcel 131, Office Buildin~(Island Lake Center) ' Ms. Bower said with this parcel the required parking was 120 spaces and they were bringing it down from 131 to 114-. She stated the required 10 feet of landscaping was being brought down to two feet. They will need a reduction in the setback for the sign. She advised they would be connecting this to central sewer and it has not been. in the past. She said staff was recommending approval. Mayor Maingot said, as previously mentioned, they need to beveiy careful of what landscape materials used in those areas. Mr. 1?eters applauded the FDOT in bearing with staff in this process. He said they have worked together and arrived to a lot of agreements during this process. Ms. Bower suggested as they bring these forward they should be specific with what types of landscaping the City would be looking for. Mr. Hi ~ said this was one cure plan they do not agree with. FIe stated this was a very substantial taking. This is athree-story, 39,000 square foot building with twenty (20) to thirty (3'0) tenanis at peak. He said there were a lot of people in and out of this building. One of the several investor owners of this building was an attorney and they are very concerned with the cure that was proposed. He advised they generally favor what the City Engineer had initially favored which was angled parking in the front. He stated angled parlcingprovided a much greater amount of safety in a one-way aisle. It also provides for keeping some green space. He said they would be coming forward with a cure at the time the ordinance, provides for and they hope to get t11at approved. ~Ie stated it would be. safer and better for the, City and better for this building. He said if the Commission approves this cure,. they are putting the City's stamp of approval on this and then they have the owner's facing the Department in an evaluation proceeding where they will have two cures. He affirmed one cure has less parking loss, and stated albeit that is certainly a goal,. you can't do that; at the expense of safety. The owners are put in the position of going forward with a safer cure with slightly less parking, but have t11e green space requireilients met as much as you can in this area for a nice office building. Eric Rahenkamp, Landscape Architect/Land Planner with Rahenl:amp Design Group, 2'$L6 Soutlz MacDill Avenue, Tampa, said they have several problems with this cure. The first problem. is for traffic traveling east on State Road 434 and entering the. eastern most driveway, they will leave a great deal of difficulty malting a 1~0 degree turn into the drive aisle. They suggest placing the drive aisle CC 11-23-09/596 to the south, have the parking to the north, and rather than. the packing against the building, by angling the parkitigthey can have a landscape buffer aild sidewalk along the building and a relatively sigrci:dcant landscape buffer along State Road 4-34. He stated this was more attractivE: and safer from a traffic circulation standpoint. IVIr. Collins said he had not had the opportunity to evaluate their cure, but at first bhish, he can tell it does result in substantial fti~i-ther reduction in parking which is one consideration in the evaluation process. He stated this was a case where the owner has a competing cure an'd that v~~ill be worked out >ll litigation through the valuation process. He did note about this pai~~icular property that would disth7guish it from some of the other o:i~es, was th~~t when you enter this site from either driveway along State Road 434-, you are confronted with the parking spaces directly in fiont of you as you enter thc; 6uilding.:[n this particular case, there is a clear alternative for the motorist to frerly enter the property. Commissioner Bundy asked Mr• Peters what the difference would be in the parking spaces with angled parking. Mr. Peters said according to what the owners submitted today, it would be '104- parking spaces which would be an additional loss. He stated one of the things he has been working on with Cornm.unity Development Department was that the City's current parking standards are based on 1969 standards. ~Ie said with this type of building, following the newer : taiidard, it requires substantially less parlc~ing than what the City currently requires. He stated he was tallci~7g about angled parking for the entire site and creating. one-way traffic around the building. die said this Helps with the buffer and those types of issues. He stated with one- way traffic all around, staff did not feel the minimal impact in terms of total parking with the new standards was an issue and it would create a better traffic circulation. He advised staff was open to an alternative plan. Deputy Mayor Durso inquired l1o~v the. parking spaces would be valued by FDOT. Mr. Collins said it would be somewhere in the range of $10,000 to $20,000 per space. IVIr. Hipp said it was rare that he would support a cure that reduces parking spaces more than the FDOT. He stated these property owners have a serious safety concern and said he didn't know if they could support all of the parkingbeing angled. They clearly believe they Have a safety issue that their cure resolves that the FDOT's cure does not resolve. Deputy Mayor Durso inquired iEhe was saying that safety outtiveighs the economic concerns. Mr. Hit?p responded in the affirmative for this particular instance. CC 11-23-09/597 Commissioner Bundy asked Mr. Peters if the FDOT's cure would result in an unsafe situation. Mr. Peters said he would riot have made the eon?ment he made originally if he did not think angled parking would be a better situation. Having said that, it is important that he said. to angle the entire site with one-.way circulation. He stated his concern with two-way traffic has to d9 with points of conflicts in people turning near the two entrances. He declared neither plan was any less or more safe than the other as far as he was concerned. He said he would not have made the recommendation for the cure if he thought it was an unsafe condition. Conunissioner Cortes said after the cure, does it also apply here that the property owner has ninety (90) days to submit something different. Mr. Peters said the property owner has ninety (90) days from when the FDOT transacts the take. Mr. Hipp reiterated the City Engineer was on record saying he preferred the angled parking for the whole property. He inquired if they shouldn't be negotiating toward a safe cure and said the owner would come forward to negotiate with the City. Mayor Maingot inquired what the. consequences would be if the_ Commission did not approve the cure this evening. Mr. Peters said it would force FDOT to come back to staff to by and work out an alternative plan. Mr. Hipp discussed the process for the .cures and said it will be incumbent upon the owner to do something or they will be stuck with a horrible situation and suffer damages far beyond the cost of doing the cure. He said something has to be done, or they devalue the entire property. Mr. Collins said he did not believe the cure was unsafe. He stated you can access this property efficiently and the spaces can be accessed in his professional opinion. He said the beauty of the City's ordinance was that they could have a situation where taking happens, t11e property owner takes the money and runs. He stated in this sittiiation, the owner has to come in within ninety (90) days and commit themselves. and follow-through. He said the FDOT appraiser will have to negotiate from that point. He requested the Commission let the process run its course. Mr. Peters said in negotiations you sometimes say things in trying to get a better deal and while he feels angled parking, in the long term, would be better for traffic circulation, as part of the tough negotiations with FDOT, there may have been some .comments made early in the process as a negotiation ploy. He cautioned people to take. liis notes at face value. CC 11-23-09/598 Mr. Collins said ifthe cure is a~provecL as presented, the process doesn't stop acrd is not over. He stated this was step or1e. He said in those meetings, Mr. Peters was referring to, there were a lot of ideas lci;ked around and they looked at ingled parking. He said the FDOT cure was or~~e alternative that could be implemented and the property owner was not here to cornrnit in that capacity tonight. Mi. Iiipt~ said he can agree that the ordinance the City has set up has a beautiful . section that protects the condemning authority in that ninety (90) days from. the date of that order of taking, the owner will have had to submit and bound themselves. He stated they were not asking to put FDOT in a bind, they were asking not to be behind in the negotiati~~ns. Deputy Mayor Durso said his concern was if they don't do this, it will drag out for a very long time. Commissioner Bundy said the ordinance also protects the City and that was laic conce-rrr. He stated if they don't.approv~~ a cure, then the City is subject to whatever FDOT and the property owner negotiate in front of a judge..[Ie said the valuation was based on the cure p1an.:F:[e stated if t:he taking occurs without a cure plan, then their client would no longer be grandfathered in. He said if the proper~cy owner gets paid for a loss of parking spaces, then they will have to comply with what the City was williZ~rg to do~becaus~; therewould no longer be any automatic accepting of a nova-conforming property. Mr. Collins said approving the cure plan does not mead it is over. He stated the City's ordinance allows this property owner to come in wiflrin nvaety (90) days and commit themselves to some.tlaing similar and that can change everything in the valuation. He said in the past there :have been issues where property owners are paid and they don't implement anything. He stated they were not here tonight to discuss this, but in ninety (90) days aom the date of value, and that property owner commits, that changes everything. He declared if this was not approved tonight, there would not be a tilting in .fanuary. Commissioner Cortes said the ordinance also allowed for an additional extension up to orie hundred and eighty (180) da~~s. Mr. Peters said there was a provision in the ordinance that does allow the property owner, prior to the taking, to have, a prf;-application with City staff fora non- binding eomrnitment. He stayed prior to the takilig, the property owner was within their right to come to the CiTy with. an alternative plan independent of the cure by I'DOT. 1VIs. Bower advised tyre property owner could apply for waivers and exceptions and obtain approvals prior to the taking. Commissioner Cortes moved to accept the cure on Parcel 131, as presented. Seconded by Courm~ssioner Sackett arid. carried by athree/two CC 11-23~~09/599 roll call vote with Deputy Mayor 1Jurso and Colnlnissioner Bundy voting. nay. Parcel 132, Longwood Stor-It Ms. Bower said the required parking for this parcel was nine `spaces and as cured,. they are offering twelve (12) spaces. S11e stated the landscaping. buffer. will go down. from 10 feet to 2.7 feet. She said they were proposing to move the sign back. She stated staff recommends approval. She advised the property owner will ' be coming for an alternative plan. Commissioner Sackett said the road would be right up by the building. Commissioner Cortes inquired about the line of sight coming out of Islander CoUI"f:. Mr. Collins said from Islander Court there shouldn't be any concerns as there would not be any left out turns. He advised for that situation there would not be application to draw a sight triangle. Discussion was held regarding the sight distance for this parcel. Commissioner Bundy moved to approve the cure plan as submitted on Parcel 132. Seconded by Deputy Mayor Durso and carried by a unanimous roll call vote. Parcel 134, Retail Strip Center. Ms. Bower advised with this parcel the parking. was less than required .before, thirty (30) parking spaces being required. and they were providing twenty-three (23) parking spaces. She said as cured, they will be down to twenty (20) parking spaces. 'The landscape buffer is 'increased and meets the Code requirement. She stated the sign becomes a conforming sign, except for the setback of seven feet. Staff recommends approval. 1VIr. Peters said that staff did struggle with the parking being two-thirds (2/3) of the required parking. He stated under the City's current parking standards there was no distinction between types of commercial parking. He said the newer parking standards have convenience stores and retail in a much larger group. He stated the owner needs to understand if they ever come in for redevelopment, they may be restricted in terms of what uses they will be allowed to place there. He said there were commercial and retail uses that would fall within the category of twenty (20) parl~ing spaces. Mr. Collins said that going from two driveways to one driveway does have an economic impact. He stated they did this. so to provide them with as much parking as possible. CC 11-23-09/600 Commissioner Sackett moved to approve the cure :for Parcel 134, Retail Strip Center. Seconded by Dept!ty Mayor Durso and carried by a unanimous roll call vote: Parcel 135., Flome Improvement Ms. Bower said this was another parcel where staff had some issues with the parking and if they do come back for waivers and exemptions they would have to place some limitations on the use. They are required to have twenty (20) parking spaces aild as cured they will be downl:o eleven (11) parking spaces, The landscapil~g will be reduced to 6.8 feet. She stated the sign. is brought to Code, except for the setback. Mayor 1blaingot inq~rired what the economic consequences were to the existing business. 1V1i•. Peters said the current use was okay. He stated this again was a situation - where the property ov~mer needs to be aware that future usage would be restricted. Commissioner Sackett moved to approve the cure for Parcel 135, Home Improvement. Seconded by Deputy Mayor Dtuso and carried by a unanimous roll call vote. Parcel 136, Fitness Center of Orlando Ms. Bower said this was a Women's hitness Center and there were some issues in that the required parking spares, are thirty-three (33) and as cured they are showing thirty-eight (3~). She stated it was their understanding the owner would like snore parking than that because of .:he current tike. Required landscaping of ten feet is reduced to five feet. She said the sign is brought back info Code, except they will request. more copy area. 1VIr. Peters said they have more than th.e; required parking, but as a business they realize they need. additional parking. H•, stated as part of their ninety (90) day process they will. have the opportunity .:o show an alternative way of ha~idling the parking. He said this was one of numerous parcels that are interconnected with cross access. He reiterated that staff was looking at alternative parking methods and this was an opportunity to 1oolc at shared parking. He stated staff was recommending approval of the cure plan. Commissioner Cortes moved to approve the FDOT cure on Parcel 136, as presented. Seconded by Commissioner Sackett and carried by a unanimous roll call vote. S Parcel 139/146 Shopt~es of Island Lake Ms. Bower said with this parcel they are required to have 1.09 parking spaces, as cured there will be 130 parking spaces. She stated the landscape currently is 9.5 CC 1.1••23-09/601 feet and they will go down to eight feet. She said the sign was the biggest issue on this parcel and Mr. Peters had come up with some creative ideas as to how to fix the sign problem. 1VIr. Peters said with regards to the sign the issue has been sight distance. If you go too far back you can't see it. He stated they suggested a monument sign, but nothing states the monument sign has to be the full width at the bottom. He said they were proposing, that they come up on two-thirds (2/3) of the back part of the . sign in a monument fashion and then cantilever out from there and go up so that you can see under the sign.of the sight distance. In this particular instance,, they will 1?e able to keep the sign as proposed, maintain sight distance, and meet Code. Iie stated this was an example of the cure being provided solves the problem, but the owner may have a better solution by placing the sign on an adjoining piece of property. He said the property owner did come in for apse-application and they know there is a solution they may like better, but the I'DOT cure is a solution. Mr. Collins reviewed the cure for these parcels. He pointed out th.e driveway that went into the old Checkers and said ideally they would like to place the monument sign in that area. However, the covenant does not allow them to propose that alternative. PIe stated what they are asking for today is their fallback and safety net,, but they feel there is abetter alternative to work on. Discussion was held regarding the height of the sign. Commissioner Bundy moved to approve as submitted. Secozided by Commissioner Cortes and carried try a unanimous roll call vote. Parcel 1~1, Township Plaza. Ms. dower said this was the Township Plaza and the parking requirement for this parcel was forty-eight (4S) spaces, as cured there are forty-two (~2) parking spaces. The landscaping goes from 3.2 feet to zero feet. She stated the cure does by to have some landscaping, but nowhere near what's required. She advised the sign was still non-conforming. Deputy Mayor Durso said with regards to this sign, it doesn't look like the sign is moving, and it is just coming closer to the road due to the taking. He stated he wanted to make sure the cure does not provide an exemption for Code when they go to replace their sign down the road. Mr. Peters advised they were recommending a condition that the sign be a monument sign with this cure. Ms. Bower said that doesn't preclude the Connnission from adding a condition on the exemption of the waiver that if the property does redevelop, then they have to come in with a conforming sign. CC 11-23-09/602 Mr. Peters explained that he was a proX~onent that when the: property owner comes in for the waivers that they do a; development agreement that goes with the property so that if the Commission wat-~.ts a condition for tt~.e future that if the sign is repaaced, it will have to come into compliance. Commissioner Bundy said when they issue; these waivers it needs to he very clearly understood that it is issued on the basis of this transaction only so that when that parcel is redeveloped. the waiver goes away. Mr. Collins said this was at Rangeline ]load and it was unique. in that there was a commercial property at the southern lel; of the intersection and it is signalized. Mr. Peters said staff was concerned regarding drainage in the.northwest corner of the property as the road will be somewhat higher. l:Ie stated I'DOT are to provide a mat~llole and stab out for drainage. 'Ha said as they get filrther along with this they will be lool<:ii7g at the drainage i1 ibis area. I:?Ir. Collins advised they put this question regarding the drainage issue to the roadway design engineers. He stated they provided the storm tab and checked it providing a memorandum directly front them where they checked the hydraulic grade line. Mr. Peters advised staff was recomrnen.ding approval of the cure. plan tivith the proviso that the sign ~~ould be a monument sign rather than a pole sign. NIr. Collins said they were in favor of improving the aesthetics of that sign. P[e advised this sign was moving back approximately thirty (30) feet. Commissioner Bundy moved to approve the cure plan as amended by staff. Seconded by Com~nissior.~.er Sackett and carried by a unanimous roll. call vote. Parcel 143, VJiml Dixie Ms. Bower said this was the ~Ni.nn Dixie Plaza Parcel. She stated the required parking is 305 spaces, and as cured these will be 311 spaces. She said the landscape buffer will go from 7.5 j'eet i:o 1.5 l:eet. She stated the sign was still non-conforming. Mr. Peters said they were .not proposing anything on the sign as it was not being moved or impacted by the right-of--way. Iie stated staff was recomtnetldiug approval. Mayor Maingot inquired about the improvement at Rangel.ine Road and State Road 434. Commissioner Bruldy said they were lf;ngthening the right turn lane for Rangeline Road. CC 1-23••U9/603 Mr. Peters said the project stops at Rangeline Road, but to the east of Rangeline Road there was some taking for the rig~lt turn lane. Commissioner Fundy moved to approve. Seconded by Deputy Mayor Burso and carried by a unanimous roll call vote. Parcel 144, Circle K Ms.l3ower said they also had a cure plan for the Circle K on t11e opposite side of the road. She. stated the parking required is eighteen (1 spaces anal as cured they will maintain eighteen (1~) parking spaces. The landscape buffer i.s reduced. She said the sign will remain where it is currently located. Conmissioner Lundy moved to approve. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. ~ID~t®>sJl~, Mayor Maingot adjourned the meeti"ng at 9:29 p.m. ' ?(/L ®laun (C. M g®t ~y ~T'~'IvS . i~ Sar'~h Imo, MIlff a.Il~~ MM1 Cy Ml~~ Katy ~Cflex°l~ CC 11-23-09/604