Deputy Clerk Miller inquired of any ex-parte communications and issued the Oath to all those who wished to participate.
The following ex -parte communications were revealed:
- Commissioner Cornell had a meeting with Mr. Dedenbach and the applicant in the managers conference room 1-2 years ago and they discussed trees, potential restaurants, and interactions with staff about things that needed to happen in accordance with code .
- Commissioner Prizzia had a meeting with the applicant via zoom and shared ideas around ways to address issues regarding code and discussed amenities that they may offer. Also the need for affordable housing in the activity center.
- Commissioner Wheeler had a meeting a couple years ago and suggested a swimming pool
- Commissioner Chestnut had a similar meeting to everyone with the developer to discuss issues with the site.
County Attorney Torres presented the rules of procedure for the hearing.
Development Review Manager Christine Berish presented the above item.
Preliminary Development Plan Overview:
Newberry Village TND
• TND with maximum of 639 units and 224,750 sf non-residential
• 7600 through 8500 Blocks of West Newberry Road
• Approximately 87.15 Acres
• Mixed Use Future Land Use
• Medium Density (R-2), Medium-High Density (R2-A), High-Density (R-3), Wholesale/Warehousing (BW) Zoning District
Traditional Neighborhood Developments:
Sec. 407.62. Purpose.
(a) TND. The TND is intended to provide flexibility in development, encourage a mix of residential housing types, and create the sense of community common in neighborhoods planned in accordance with traditional design principles and the policies of the Comprehensive Plan. Additionally, the design of TNDs allow for mixed-use centers integrated into new residential neighborhoods or combinations of new and existing residential neighborhoods.
Sec. 403. 02.5 New development within any of the single- or multi-family zoning districts, except for RE, shall comply with the following requirements.
• Projects that are not contiguous to a designated rapid transit or express transit corridor but contain three hundred (300) or more residential units shall be developed as a TND in accordance with Chapter 407 Article VII or shall be located within an activity center.
Tree protection areas per Sec. 406.12.5(c)(1):
According to Section 406.12.5(c)(1) for Physical protection during development activities states for undisturbed areas, “The area to be protected shall be equal to the area of the drip line of the tree unless the County determines a larger area is more appropriate due to the unique nature of the growth habit of the tree or unique site conditions. The required undisturbed area may be up to two (2) feet diameter of protection for every inch of diameter at breast height.”
The plans currently identify the trees over 60 inches dbh saved to the dripline only, instead of the two feet of diameter for every inches dbh outlined in Sec. 406.12.5(c)(1).The following is an outline of the dimensions for protected areas of each tree if calculated by two feet of diameter for every inch of dbh.
• Tree #532, 74-inch Live Oak: Protected area circle diameter of 148 feet. This tree has a skewed canopy and thus, following the dripline would not sufficiently protect the critical root zone. Increased root zone protection of the opposite side of the skewed canopy is required.
• Tree #1459, 70-inch Live Oak: Protected area circle diameter of 140 feet
• Tree #1509, 68-inch Live Oak: Protected area circle diameter of 136 feet
• Tree #857, 70-inch Live Oak: Protected area circle diameter of 140 feet. Limited impacts to the west side of the protected area may be allowed due to the location and alignment of the existing right-of-way connection to Newberry Road. Increased root zone protection is required to be undisturbed on the other remaining sides of this tree.
Conditions of approval – Tree protection areas:
• Trees #532 and #1509 must have additional protected areas equal to 2 feet of diameter for every 1 inch of diameter at breast height (dbh). The County may authorize construction impacts to the additional protected areas, per ULDC Section 406.12.5(c)(2). The impacts must not exceed 50% of the additional protected areas. The applicant must identify specific mitigation measures (e.g., mulching, irrigation, and other tree health strategies), as an element of the Final Development Plan, if impacts to the additional protected areas are proposed.
• Tree #1459 must have an additional protected area equal to 2 feet of diameter for every 1 inch of diameter at breast height (dbh). The County may authorize construction impacts to the additional protected areas, per ULDC Section 406.12.5(c)(2). The impacts must not exceed 50% of the additional protected area. The area of the surveyed dripline that extends beyond the additional protected area is credited toward the maximum allowed impacts of the additional protected area. The applicant must identify specific mitigation measures (e.g. mulching, irrigation, and other tree health strategies), as an element of the Final development Plan, if impacts to the additional protected areas are proposed.
• The proposed access point on Newberry Road is impacting the western dripline of tree #857. Tree #857 must have an additional protected area equal to 2 feet of diameter for every 1 inch of diameter at breast height (dbh) on the remaining sides. The County may allow impacts to the north and south side of the additional protected area, per ULDC Section 406.12.5(c)(2), if the east side remains undisturbed at Final Development Plan.
Conditions of approval - Transportation:
• The central/bypass lane within the circular roadway at the southern end of the project must be removed prior to submittal of the Final Development Plan.
• The applicant must provide a complete Traffic Impact Analysis (TIA) with the first Final Development Plan in Phase 2, which evaluates the appropriate mitigation strategy (i.e., signal and roundabout justifications) for the intersection of NW 15th Place and Fort Clarke Boulevard.
Implementation of the mitigation strategy, approved by the County, must be provided by the application before the county will permit a connection from the development to NW 15th Place.
• The applicant must provide a continuous sidewalk, on the north side of the east/west roadway connection to Fort Clarke Boulevard, to exceed the driveways per block face limitation in ULDC Sec. 407.68(c)(2)(c) and provide up to four (4) driveways on the northern block face of TSA1
using Alternative Compliance (ULDC Sec. 407.71). The applicant must construct the east/west sidewalk concurrent with the construction of Block TSA1.
• Any operational and safety improvements required by FDOT access permits are the responsibility of the developer.
Staff Recommendation: Staff recommends approval with conditions of the Preliminary Development Plan for Newberry Village TND and Resolution DR-24-40
Jerry Dedenbach presented to the Board on behalf of the applicant and presented the applicants exhibits to the clerk.
Commissioner Prizzia, Commissioner Cornell, Christine Berish, Jerry Dedenbach Jessica Hong, and Commissioner Wheeler presented comments.
Commissioner Cornell moved approval of staff recommendations with the following two conditions added:
- The applicant provides additional protection barriers for tree #8353 such as chain-link fencing. An acceptable area plan for the conservation management area.
- Build a multi-use trail connecting to 15th street during phase one
2nd Commissioner Wheeler
Public Comment
A citizen, and Melony Barr presented comments.
The motion carried 4-0.
Commissioner Cornell and Commissioner Prizzia, Commissioner Wheeler, and Commissioner Chestnut presented comments.