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02.02.2021 P & Z MinutesCity of Clermont MINUTES PLANNING AND ZONING COMMISSION February 2, 2021 The meeting of the Planning & Zoning Commission was called to order on Tuesday, February 2, 2021 at 6:30 p.m. by Planning & Development Coordinator Nicholas Gonzalez. Members present were: David Colby, Joe Gustafson, Max Krzyminski, Jane McAllister, Vincent Niemiec, Lavonte Rogers, and Chuck Seaver. Also present for City staff was City Attorney Mantzaris, Planning & Development Director Curt Henschel, Senior Planner Regina McGruder and Planning and Development Coordinator Nicholas Gonzalez. SELECTION OF CHAIR AND VICE -CHAIR: City Attorney Mantzaris opened the floor for nominations of chair and vice -chair. Board Member Colby nominated Max Krzyminski for chair, seconded by Board Member McAllister. Board Member Niemiec nominated Joe Gustafson, seconded by Board Member Rogers. Mr. Mantzaris clarified the motion in the order of the vote to be taken. Mr. Mantzaris brought forth the first motion as which to nominate Max Krzyminski as chair. Motion approved 5-2. Board Member Niemiec and Board Member Rogers voting in denial. Gavel was passed to Chairman Krzyminski to open the floor for nominations of vice -chair. Board Member Colby nominated Joe Gustafson, seconded by Board Member Niemiec. Passed unanimously. MINUTES: MOTION TO APPROVE the December 1, 2020 minutes of the Planning & Zoning Board made by Board Member McAllister. Motion was seconded by Board Member Gustafson. Passed unanimously. REPORTS FROM THE COMMISSION: Board Member Colby congratulated former Board Member Entsuah in his recent election to City Council. Board Member Gustafson thanked Mr. Mantzaris and City staff for the informative documents included in the recent packet. Chairman Krzyminski expressed that it was good to see the Police Department receive the numerous accolades in the last City Council meeting. City Attorney Mantzaris wanted to address some of the items that were included in the packet related to the services that the board members will provide on the Planning and Zoning Commission. The board will make quasi-judicial decisions based on the information and applications presented. The board will rely on facts that are presented within the chambers either by staff, applicant, or members of the public. If information has been presented to members outside of the chambers, board members should disclose that a conversation was made. Also, the Florida Sunshine Law applies to the Planning and Zoning commission and members should not speak on issues with other members that would come before the commission. If the documents you receive have been altered, they have become public record and you must retain those documents or give them to city staff. Emails and text messages are public record when it comes to the business regarding the Planning and Zoning commission and emails and text messages must be retained. Lastly, the law states that members must vote on every matter unless there is a conflict of interest. Chairman Krzyminski asked Mr. Mantzaris what the length of time for retaining the documents for public record. Mr. Mantzaris stated it depends on the document that is being retained and Florida has special guidelines on different types of documents. He stated typically, its 3-5 years, but some documents are longer. NEW BUSINESS Item #1: Ordinance No. 2021-001— Hooks Street/Skorman Multi -family PUD Rezoning Request: A rezoning request to a Planned Unit Development for 17 +/- acres southwest of the Hooks Street and Excalibur Road intersection for 204 apartment units. Director Henschel presented the staff report as follows: The applicant is requesting to rezone the property from Urban Estate to Planned Unit Development (PUD) for a 204-unit apartment complex. The future land use, Residential/Office, allows up to 12 dwelling units per acre with a conditional use permit or through a planned unit development (PUD). The PUD zoning category is being requested since it allows the flexibility necessary, through waivers to the Land Development Code, to develop the site and at the density necessary to construct the multi -family project. The property is located within the City of Clermont and will be served by the City's water and sewer systems. The property is located adjacent to East Ridge Middle School and across from East Ridge High School. The project is proposing two (2) full access points, one access on Hooks Street and another access on Excalibur Road. A traffic impact analysis has been performed. The study did not identify any new roadway deficiencies as a result of the project. The study did identified a failing level of service (LOS) and delay during the AM peak hour due to existing school traffic at the full access driveway on Excalibur Road. The applicant's consultant indicated that during peak times of school traffic, it is more likely that most of the apartment complex will use the Hooks Street full access point and avoid the access point on Excalibur Road. Lake County Public Works will have final jurisdiction of where the access points and number of access points will be developed on the site. The applicant, as part of the proposed project, is requesting one waiver to the Land Development Code. The applicant has requested a waiver for cut/fill over the project site that exceeds the Land Development Code, which is 10 feet for residential projects. A grading plan variance exhibit has been provided that shows the area on the site that will have more than 10 feet of cut/fill. The maximum cut/fill will be up to 13 feet. The area is approximately 10% of the site. The applicant has revised the site plan to reduce the cut/fill from the original 30 feet to 13 feet. Since the applicant has revised the site plan to incorporate the current topography into the site, through the construction of split level buildings, staff s concern over the amount and extent of cut/fill on the project site has been reduced and staff can support this waiver. Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for a Planned Unit Development. The location is suitable for multi -family use since the future land use of Residential/Office allows this type of land use. The property has access to major road networks. The City's water and sewer service will be required in order to develop the property and capacity is available to serve the multi -family project. The project is located within walking distance of the assigned high school and middle school. School concurrency shall be met as a requirement prior to site plan approval. The proposed project, as presented in the revised conceptual plan, does preserve the natural topography of the site as much as possible. Staff is able to support the request and recommends approval of Ordinance 2021-001. Chairman Krzyminski turned it over to the Applicant/Representative to present their request. Jimmy Crawford, 702 W. Montrose St, representing the Skorman Construction, Inc. Mr. Crawford mentioned the city's multifamily moratorium and Ordinance 2020-19 directing multifamily towards Wellness Way and the Hooks St. corridor with an additional density bonus for affordable house. He stated the applicant has reviewed the bonus density and it wouldn't work on the site because of topography and economic justification. The applicant is proposing a high -end multifamily that would work with the topography providing split level buildings of 3 and 4 stories. Mr. Crawford pointed out on the conceptual layout that parking is provided in the interior and the buildings and landscape on the exterior. Mr. Crawford explained that the traffic study doesn't cause any additional levels of service or effects causing a failure in traffic. He states there is a morning deficiency on Excalibur Rd. and the applicant has worked with the county to provide two entrances/exits. He stated that most residents will exit from Hooks St. to avoid the morning school traffic. Mr. Crawford stated that representatives from the project, Project Engineer, Chuck Hyatt and Mark and Kevin Skorman, builders of the project are present to answer any questions. Chairman Krzyminski brought it to the Board. Board Member Gustafson stated that the estimated taxes presented in the report was helpful to understand what the City and citizens are getting in return for a large-scale project coming in the city. He stated he hoped in the future the City could present the estimated taxes and impact fees. Mr. Crawford clarified that the estimated taxes is the land in its vacant state and can be up to $35 million after the project's completion. Board Member Rogers asked if the applicant planned to perform another traffic study because the current study was done in September 2020 during the pandemic and when students were not in school. Mr. Crawford clarified that the study is good for one year and would have to be done again during site review. Board Member Niemiec asked who performed the traffic study and if it can be provided. Mr. Crawford stated the study was provided to the City and the study was conducted by Kimley-Horn. Board Member Niemiec asked what the LOS was for Excalibur Road. Mr. Crawford stated at the intersection of Excalibur and Hooks is graded a C, with a p.m. peak hour being a B. Board Member Niemiec asked what the amount of 4 story buildings in the project, and whether it would be on the low side of the elevation. Mr. Skorman clarified that there would be three buildings on the west side of the property that would be split 3/4 floor building but would look like a 3 story building working with the topography. Board Member Niemiec asked whether the garbage disposal would be on the property line and Ms. McGruder explained that these details would be worked out in the site plan review to meet the Land Development regulations. Board Member McAllister asked if the cut/fill map presented was the entirety for the project or only the cut/fill that were exceeding 10 ft. Mr. Crawford answered that it was the cut/fill of over 10 ft. Board Member McAllister expressed she is pleased the project is working with the topography and not utilizing retaining walls. Board Member Niemiec asked if they could provide the square footage of the units. Mr. Skorman answered that the smaller units would be approximately 700 sq. ft. and the larger units ranging from 1,200 —1,300 sq. ft. Board Member Niemiec asked staff if Lake County School Board school capacity accounted for unfinished residential projects in Clermont. Ms. McGruder answered that the applicant works directly with the Lake County School Board and that the numbers presented are from the School Boards formulas. The public was invited to comment on this item; no public chose to comment. Chairman Krzyminski brought it back to the Board and entertained a motion. Action: MOTION TO APPROVE Ordinance No. 2021-001 made by Board Member McAllister. Motion seconded by Board Member Colby. Passed unanimously. Item #2: Ordinance No. 2021-002 — Ford of Clermont Request: Consider ordinance to change the zoning from C-2 General Commercial to Planned Unit Development (PUD) for property located at 1101 East Highway 50 and 1075 State Road Highway 50. Senior Planner Regina McGruder presented the staff report as follows: The applicant is requesting to rezone the property from C-2 General Commercial to Planned Unit Development (PUD) to allow for a remodel and expansion to the existing automobile sales and services dealership. The future land use is Commercial. The PUD zoning category is being requested to allow some development flexibility that includes waivers/variances request to the Land Development Code, without a separate public hearing process. The proposed remodel and expansion as designed will required five (5) waivers to the Land Development Code. Staff can support the request for PUD rezoning to allow development flexibility; however, Staff cannot support four of the five requested waivers to the Land Development Code. The applicant, as part of the proposed project, is requesting five waivers/variances to the Land Development Code. The requested waivers are listed below in more detail with the provisions of the code. (1) The applicant is requesting a waiver to allow landscape islands to be less than the 300 square feet required by the Land Development Code, Section 118-38. The Code requires a minimum 300 square feet landscape island with one Canopy Tree for vehicular interior parking areas. Staff comments, the purpose of landscape parking areas is to enhance the aesthetics of a property with landscaping to break up the expanse of paving and reduce impervious surface through environmental design concepts. The requested wavier is inconsistent with other similar uses and because of the large automobile inventory and storage on site, the landscape islands and buffers are needed to provide sufficient screening and be complementary to adjacent properties. Staff cannot support this wavier to the Land Development Code. (2) The applicant is requesting twenty five (25) continuous parking spaces without a landscape island break instead of the maximum 10 (ten) continuous parking spaces allowed by the Code, Section 118-38. The proposed 25 continuous parking spaces will be for employee parking and inventory parking areas. Staff comments, the purpose for landscape islands is to provide a visual screen to compensate for massive impervious surface and onsite storage of inventory. Similar automobile dealerships have been allowed up to 15 continuous parking spaces without a landscape break for inventory only areas. The employee and customer parking areas should be limited to the code requirements of ten (10) continuous parking spaces on site. Staff cannot support this wavier to the Land Development Code. (3) The applicant is requesting a waiver to allow a reduced landscape buffer width of 10 feet instead of the 20 feet width along State Road 50 as required for the code, Section 118-37. Staff comments, the proposed 10-foot landscape buffer width adjacent to State Road 50, would be inconsistent with other properties along the commercial corridor. The redevelopment of the site requires code compliance to the land development regulation for existing sites that are nonconforming to allow for an expansion. A sufficient perimeter landscaping screening provides an attractive display at the property line. Staff cannot support this wavier to the Land Development Code. (4) A waiver request to allow a decrease of the parking space size to 10'x18' feet for inventory only parking spaces instead of 10' x 20' as required by code, Section 98-6. Staff comments, this request is consistent with other similar permitted uses and shall only be used for inventory and storage of vehicles and not for public parking. Staff can support this wavier to the Code. 3 - Ford of Clermont PUD Rezoning (5) A waiver request to exceed the maximum 80% percent impervious surface ratio (ISR) permitted for commercial development; this request would allow up to 84% percent (ISR). The Land Development Code, Section 122-225 allows a maximum impervious surface coverage of 80% percent. Staff comments, the impervious surface ratio is a performance standard used to measure the site development intensity. The environmental and site benefits of not exceeding the permitted ISR of 80% is to reduce pollution; water that runs over impervious surfaces carries pollutants such as litter and vehicle waste fluids to rivers and streams. Impervious surface limits is an environmental effort encouraged by state and federal agencies to help minimize runoff from these impervious surfaces. Staff cannot support this wavier to the Land Development Code. Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for a Planned Unit Development. The Ford of Clermont use is existing at this location and because the applicant is requesting to remodel and expand the existing use; the code requires either a Conditional Use Permit and Variance process or a PUD to allow the expansion. The property has access to major road networks and the City's water and sewer services has capacity to accommodate the expansion. Staff can support the Planned Unit Development (PUD) rezoning to allow flexible development standards for redevelopment of the site. The project conceptual plan design as submitted, with the requested waivers to the code will allow the site development intensity of up to 84 percent impervious surface ratio (ISR), The National Pollutant Discharge Elimination System (NPDES) Stormwater Program indicates stormwater runoff is generated from rain events that flow over land and impervious surfaces, and does not soak into the ground. The runoff picks up pollutants, trash, chemicals and oils that can harm our natural water bodies. To protect these resources, municipalities have adopted performance standards to regulate and limit the maximum impervious surface permitted, known as Best Management Practices (BMP), to manage and control development runoff. The project could be designed in a less intense manner to meet impervious surface requirement for site development. The existing use of automobile sales allows outside storage and display of vehicles, which requires screening from public view and streets. The required landscape buffers and interior landscape islands will help improve the aesthetic appearance of the site and preserve natural resources that provides a visual pleasing screen to enhance the community. Staff recommends approval of Ordinance No. 2021-002 as amended to approve a waiver request to allow a parking space size reduction to 10'x18' feet for inventory only parking spaces. Staff recommends denial of all other requested waivers to the Land Development Codes. Chairman Krzyminski turned it over to the Applicant/Representative to present their request. Jimmy Crawford, 702 W. Montrose St, representing Pablo River Clermont, who purchased the dealership in 2019 and has worked to improve the 30 year old dealership. Mr. Crawford explained this site would be considered half the size of a normal dealership and would like to work with staff so that applicant does not abandon site and work with the existing site. Greg Crawford, project engineer showed the landscape island that are shown on the proposed site plan that does not be the 300 sq. ft. requirement and added landscape. Jimmy Crawford explained that the inventory storage issue has been a problem within the city and showed the land use code definitions of parking showing that the parking requirements does not pertain to the inventory storage areas. Board Member Krzyminski asked Mr. Mantzaris for clarification. Mr. Mantzaris stated that Mr. Crawford was stating that the applicant does not need staff's recommendations based on their interpretation of the code pertaining to the definitions of parking. Mr. Crawford explains that he has stated that the recommendation is not needed but would want to work with the City to make the project work. Mr. Crawford expressed the same argument for the continuous parking space waiver but would like to work with the City. He also withdrew the landscape buffer waiver and will abide the 20 ft. that is a code requirement. Mr. Crawford also stated the impervious surface ratio waiver is also not needed but would want to work with the City because of the additional pervious surface that is added. Greg Crawford showed the areas of new landscape areas and the impervious surface will also be mixed with some pervious concrete to allow drainage and the treatment that is required by the Water Management District. Board Member Niemiec asked what is considered inventory space. Greg Crawford pointed out the inventory areas, employee parking, and customer parking. Jimmy Crawford also stated the owners are present to answer any questions. The public was invited to comment on this item; no public chose to comment. Chairman Krzyminski brought it back to the Board and entertained a motion. Board Member Niemiec asked the owners, Charlie Tomm and Jason Burhyte, how many existing landscape islands are on the property and if they are cars parked on those islands. The owners answered that were very few island present and there are no cars parked on any existing island. Greg Crawford stated that there are currently 3 landscape buffers. Board Member Niemiec asked how many vehicle inventory are between those existing islands. The owners did not know the exact number and Ms. McGruder stated the code allows for 10 spaces between islands but for other dealerships the City has allowed up to 15 spaces between islands. Board Member Niemiec asked where the extra 4% is located for the impervious surface ratio. Greg Crawford explained that they are currently at 78% and the additional impervious surface will not be dedicated in one location but landscape will be moved around the site. Board Member Gustafson stated the City and Commission wants to work with developers within the City Code. He asked the owners what the plan for this proposed project would be. Mr. Burhyte stated the purpose would be to sell more inventory onsite and parking for the increase of employees. Mr. Crawford explained the PUD process is designed for situations such as this so that waivers are needed instead of individual variances and a conditional use permit. Board Member Gustafson is concerned with other dealerships coming back to ask for similar waivers but also would want to help a project that is limited to what the other dealership have with larger sites. Board Member Rogers asked how long have they been at the current location. Mr. Burhyte answered the dealership has been there since 1986 and they have owned it since December 2019. Board Member McAllister asked if the City is amenable to pervious concrete. Director Henschel stated that it would be an engineering question but in the past the City has not been amenable to pervious concrete because of the maintenance. Board Member Colby expressed this is an important project not only for the jobs but also for the sales tax. He would like to see the City be more flexible with the project that is currently at a disadvantage with surrounding dealerships. Board Member Gustafson asked when the codes were created. Director Henschel explained that codes vary and are updated when the City finds a code to be outdated by City Council. Mr. Mantzaris explained that there is a process that interprets the code for each waiver, which the applicant can exercise when a waiver has been denied. Board Member Niemiec stated that he has a problem with waiver 1 and 2, landscape buffers and space between buffers because of the current inventory situation at the site. Mr. Crawford explained that they are grandfathered in and there is currently no restriction in the spaces between buffers. Board Member Rogers asked when the last substantial update was on -site. Mr. Crawford believed it to be over 20 years before the last large-scale renovation. Board Member Seaver explained that the existing islands were filled with concrete and the site hasn't had the ability for growth and would need the renovation to keep up with competition. Board Member Colby stated the site has very limited parking for customers and most of the parking is inventory. Board Member McAllister asked what the proposed sq. ft. of landscape island that will be less than 300 sq. ft. Greg Crawford stated there would be 9 landscape islands less than 100 sq. ft. but would be big enough to serve a tree to be planted. Board Member McAllister asked what the total number of landscape buffers that would be provided. Greg Crawford stated there would be roughly around 27 landscape islands. Action: MOTION TO APPROVE Ordinance No. 2021-002 made by Board Member Gustafson. Motion seconded by Board Member Colby. Passed 5-2. Board Member Niemiec and Board Member McAllister voting in denial. Item #4: Ordinance No. 2021-003 — Victory Village & Market PUD Rezonin Request: Consider rezoning from CBD Central Business District and C-1 Light Commercial to Planned Unit Development (PUD) for a 1.04 +/- acre site located northwest of the West Avenue and Minneola Avenue intersection for a mixed -use project consisting of 25 residential units and up to 8,000 square feet of commercial use. Planning & Development Director Curt Henschel presented the staff report as follows: The applicant is requesting a rezoning from CBD Central Business District and C-1 Light Commercial to PUD Planned Unit Development for a 1.04 +/- acre site located northwest of the West Avenue and Minneola Avenue intersection for a mixed -use project consisting of 25 residential units and up to 8,000 square feet of commercial use. The concept plan prepared by Highland Engineering, Inc, shows the layout of the residential and commercial areas on the site. The property is located in the Downtown Mixed Use future land use category. Under Policy 1.7.3 of the City's Comprehensive Plan, the downtown mixed -use category is intended to provide for a mixture of residential and business uses, as well as cultural and tourist facilities, recognized as characteristic of the City's established downtown central business district. The applicant is proposing a residential component and various commercial uses that meet the intent of this policy. The Downtown Mixed Use category may allow up to 40 units per acre with a Community Benefit Agreement as provided for in the Land Development Code, Section 122, Division 12 CBD/Central Business District. The applicant is proposing 25 units per acre, which is the maximum residential density permitted in the central business district. The Comprehensive Plan limits the commercial portion of the project to a floor area ratio (FAR) of 3.0. The applicant is proposing a FAR of 0.18, which is well below the 3.0 FAR. Staff has analyzed the request and finds no conflict with the City's Comprehensive Plan. Majority of the property is currently zoned CBD Central Business District with the remainder zoned C-1 Light Commercial. The C-1 portion is completely surrounded by CBD zoning in the area, which is spot zoning. The applicant is requesting a rezoning to PUD with CBD uses since it allows the flexibility necessary, through waivers to the Land Development Code, to develop the site. The residential portion of the project is 25 dwelling units, which is at the permitted 25 units per acre under Section 122-249 of the Land Development Code. The commercial portion is approximately 8,000 square feet of retail and take- out food uses through the proposed market and cider shack building and two food trailer pads. The conceptual site plan indicates an open plaza area between these retail uses and small stage venue. The applicant has provided elevations of the project, which meets the City's Architectural Standards. The structure will not exceed the maximum building height of 55 feet. The elevations are included in Exhibit B of the ordinance. The site will be developed with some parking on -site and a waiver for off -site parking is being requested. The concept plan shows 48 parking spots beneath the residential portion of the project on -site in a lower level garage area. The retail portion of the project will be up to 8,000 square feet of commercial space. The required parking spaces for this use is 20 spaces. In addition to the 20 spaces, consideration in the displaced parking for the Woodhouse Spa (8 spaces) will also have to be included in the overall count. The total spaces needed for the development, including the displaced spaces, is 69 spaces. The applicant will construct 48 spaces on -site, thus leaving a deficiency of 21 spaces. The applicant is offering to construct 23 spaces within the City's right-of-way for public use. The applicant, as part of the proposed project, is requesting four waivers to the Land Development Code. The applicant has requested a waiver for cut over the project site that exceeds the Land Development Code of 10 feet for the residential portion of the project. The red hatching on the Concept Plan shows less than 1 % of the site will have more than 10 feet of cut, up to 12 feet maximum. This area is where the lower level parking garage area is located. The extent and amount removed is very minimal and staff supports this waiver. The applicant is requesting a retaining wall height up to 15 feet for the interior portion of the lower level parking garage. The retaining wall will face the interior parking spaces of the lower level garage and will not be exposed towards public view. In order to transition the site from the residential portion to the commercial portion and provide parking on -site, this retaining wall is being requested. Staff supports this waiver. The applicant is requesting a waiver to the on -site parking space width. The applicant has requested 9 feet wide by 20 feet long for the lower level parking spaces. Code currently requires 10 feet wide by 20 feet long. In order maximize the on -site parking under the residential portion of the building, the applicant is requesting this waiver. Staff supports this request. The applicant is requesting the ability to construct 23 off -site parking spaces along Minneola Avenue and Victory Way to accommodate the deficiency of spaces on the project, which is 21 spaces. The spaces will meet the minimum requirement of the code for sizes and would be fully funded and constructed by the applicant. The spaces would serve the development but they would not be dedicated or reserved strictly for the development. With the recent addition of parking spaces along West Avenue adjacent to the site and these spaces, the total number of spaces in the general vicinity appear to be adequate to serve the project and area. There will be 74 on -street parking spaces on West Ave once the streetscape project is completed, which is within walking distance to the project. Staff supports this request. Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for a Planned Unit Development. The location is suitable for a mixed -use project consisting of residential and commercial uses, especially since the future land use of Downtown Mixed Use promotes this type of land use. The property has access to the City's road networks and is easily accessible via pedestrian trails and sidewalks. The City's water and sewer service is readily available to serve the project and stormwater will be conveyed to Victory Pointe. The site was previously used for a stormwater pond and restaurant, which is being redeveloped to improve the site and take advantage of the location to downtown amenities and the trail. School concurrency shall be met as a requirement prior to site plan approval for the 25 residential units. The proposed project is a redevelopment opportunity to create a better urban environment in the Central Business District. Staff is able to support the request and recommends approval of Ordinance 2021-003. Chairman Krzyminski turned it over to the Applicant/Representative to present their request. Jimmy Crawford, 702 W. Montrose St, representing the applicant, stated that this redevelopment project is consistent with the Master Plan with adding much needed residential. He stated the redevelopment in downtown has increased traffic and parking has become an issue and the proposed development has been able to park all residential parking inside of the site but would also be adding much needed parking downtown. Jeff Powell, architect is present, who also designed the neighboring Victory Pointe to keep it consistent with the architectural standards. Jeff Banker, engineer is present as well as Darren Johnson, owner of the project. Jeff Banker, 16316 Lakeshore Dr., explained that the cut/fill that is being requesting is about 1% of the total site to accommodate the lower level parking and that the project utilized as much as they could with the existing grade. Mr. Banker explained that the retaining wall would be in the interior of the property and would harmonize with the land and not be visible from the exterior while keeping the Market at grade with West Ave. Mr. Banker explained that the waiver in parking width would only pertain to the resident parking that will be in the lower level garage and all off -site parking will meet the dimensions required in the code. He also explained that the right-of-way parking were non-existent and will be utilized for surrounding areas for parking. The public was invited to comment on this item; no public chose to comment. Chairman Krzyminski brought it back to the Board and entertained a motion. Board Member McAllister asked if the retaining wall would be seen from the outside. Mr. Banker showed a different angle in elevation that would showed a foot of retaining wall being above grade. Board Member McAllister likes the project and applauds the use of parking in a lower level garage. Board Member Colby asked Mr. Powell what the materials to be used on the exterior of the building. Jeff Powell, 713 W. Montrose St., stated the material would be consistent to what was used for Victory Pointe and the entry gateway features of Downtown which would consist of hardie wood siding, stucco, and natural stone. Board Member Rogers asked the amount of employees they expect for the project. Darren Johnson, 1075 W. Lakeshore Dr., stated the total employees would be 10-15 employees determining the time of day. Board Member Rogers asked at one given time how many employees would be working regarding parking spaces. Mr. Johnson stated that during a shift there could be 6 employees working. Board Member Niemiec asked if the parcel was leased by the City for parking spaces. Mr. Johnson confirmed that the city leased the land prior to him purchasing. Board Member Niemiec asked why the barriers were placed on Victory Way. Director Henschel explained Victory Way wasn't designed for vehicles to enter at the time except for the city's maintenance vehicles and bollards were made to be removable for events. Board Member Niemiec asked if the road is wide enough to make a U-turn. Director Henschel answered that it is not but the developer will include a loop for the parking spaces on Victory Way. Board Member Gustafson asked how the developer will build the parking spaces. Mr. Johnson stated he is proposing to use the unused right-of-way to create parking spaces by moving the trail along Victory Way up to the property line. Board Member Gustafson asked who would be using the 8,000 sq. ft. marketplace. Mr. Johnson explained the marketplace would be open to public and would be a smaller version of Lucky's Market to accommodate fresh produce, a butcher, and cider with an open public plaza. Board Member Niemiec asked what the safety precautions would be for the interior retaining wall. Mr. Johnson stated there would be a safety handrail along the retaining wall. Board Member Seaver asked staff if there would be any impact to the Historical Village. Director Henschel stated there would be no impact and the project is on private property. Action: MOTION TO APPROVE Ordinance No. 2021-003 made by Board Member McAllister. Motion seconded by Board Member Niemiec. Passed unanimously. With no further comments, Chairman Krzyminski adjourned the meeting at 9:15 P.M. ATTEST: Curt Henschel, Planning & Development Director