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IT.[I. CALL TO ORDER]
EVERYBODY TO THE PLANNING COMMISSION MEETING FOR WEDNESDAY, APRIL 22ND.IT IS 6:00 PM UM, SO LET'S GET STARTED.
CAN WE HAVE A ROLL CALL PLEASE? CHAIRMAN CHARLIE WETMORE.
COMMISSIONER WILL HOWARD HERE.
THE PLANNING COMMISSIONER WILL NOT HEAR NEW ITEMS AFTER 9:30 PM UNLESS AUTHORIZED BY A MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT ITEMS WHICH HAVE NOT BEEN HEARD BEFORE 9:30 PM MAY BE CONTINUED TO THE NEXT SPECIAL MEETING DATE AS DETERMINED BY THE COMMISSION MEMBERS.
UH, WE DO HAVE THE MARCH 25TH, 2026
[IV. ADOPTION OF MINUTES ]
MEETING MINUTES.DO WE HAVE ANY, UH, DISCUSSION ON THOSE OR A MOTION TO APPROVE? I MOVE TO APPROVE.
ANY DISCUSSION? UH, SEEING NONE.
[V. PUBLIC COMMENT ]
WE DO HAVE PUBLIC COMMENT.AND MR. KEEL, UM, YOU'VE SPOKEN TO US BEFORE SO YOU KNOW THE RULES JUST IN SUMMARY, BE NICE.
DON'T SINGLE OUT ANY INDIVIDUAL COMMISSIONER.
UM, BEFORE YOU START OR WHEN YOU START, STATE YOUR NAME AND YOUR ADDRESS SO WE HAVE IT FOR THE RECORD.
MY NAME'S ANDREW KEEL, LIVE AT 22 TRAIL RIDGE RETREAT IN LOUGHTON, SOUTH CAROLINA.
UH, I HAVE A FEW QUESTIONS ABOUT THE NEW POOLE DEVELOPMENT THAT IS, I BELIEVE ON THE AGENDA TODAY.
IS THAT OLD ANYHOW, UH, THE QUESTIONS I HAD WERE, I HAD SEVEN OF 'EM.
I DON'T KNOW IF YOU GUYS HAD THESE BEFORE.
FIRST QUESTION ISN'T REALLY AN ISSUE.
FIRST THING IS, SINCE THIS ONE, THIS NEW DEVELOPMENT IS GOING IN NEXT TO OR CLOSE BY THE, OUR MIDPOINT ONE AND THEN THE NEW MIDPOINT WILL THE MODEL HOMES, WHICH ARE, I GUESS THERE'S MODEL HOMES THAT ARE KIND OF SITUATED IN THE MIDPOINT CURRENT, THE NEW MIDPOINT DEVELOPMENT, THE, OR SORRY, THE OLD MIDPOINT.
THE MODEL HOMES ARE KIND OF IN OUR NEIGHBORHOOD, BUT ON THEIR LAND AS OPPOSED TO IN THE NEW NEIGHBORHOOD.
SO MY QUESTION IS, AND I COULD NOT TELL FROM THE PLAN, TELL FROM THE PLANS WHETHER OR NOT CRUELTY WILL BE USING THE MIDPOINT, NEW MIDPOINT MODEL HOMES TO SELL THE NEW DEVELOPMENT HOMES.
UH, WILL THEY BE USING THOSE MODEL HOMES AS SHOWCASE HOMES FOR THE NEW HOMES? AND WILL THAT BE THE SALES CENTER FOR THE NEW HOMES AND THE NEW DEVELOPMENT? SECOND QUESTION.
I DIDN'T NOTICE ON THE MASTER PLAN DIAGRAM WHETHER OR NOT THEY WERE GONNA BE PUTTING IN ANY AMENITIES.
THEY, THE NEW DEVELOPMENT, I KNOW WHEN THE NEW MIDPOINT DEVELOPMENT WAS, UM, THE MAN AMENDED MASTER PLAN WAS BROUGHT BEFORE YOU GUYS, IT SHOWED AN AMENITY AREA AND I DID NOT SEE AN AMENITY AREA ON THE NEW PLANS FOR THE NEW DEVELOPER.
UM, NUMBER FOUR, THE TRAFFIC STUDY THAT'S PART OF THIS SUBMITTAL.
I DON'T KNOW IF SOMEBODY CAN EDUCATE ME ON THIS, BUT IT LOOKS LIKE THEY'RE USING DATA FOR MARCH, 2025.
UM, OBVIOUSLY THINGS ARE GROWING AND I'M NOT SURE DATA FOR A TRAFFIC STUDY A YEAR AGO IS APPROPRIATE, BUT, UH, I'M JUST KIND OF CURIOUS IF THAT IS THE CASE OR NOT OR IF THERE WAS NEW DATA COLLECTED SINCE THINGS HAVE CHANGED IN THE YEAR.
NEXT QUESTION IS, WILL THE NEW DEVELOPMENT BE A GATED COMMUNITY? I DIDN'T SEE ANY GATES ON THE PLAN, SO I'M JUST CURIOUS IF THEY'RE PLANNING ON DOING GATES OR IF THAT'S SOMETHING THAT EVEN HAS TO BE ON THE PLAN OR IF IT CAN BE ADDED LATER.
WHEN I WAS GOING THROUGH THE DOCUMENTS, THE SCHOOL BOARD LETTER WAS, SIR, THAT'S WE'RE OFFICIALLY OUT OF TIME.
SO VERY BRIEFLY THE LAST TWO PLEASE.
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IF, UH, YOU GUYS THOUGHT THE SCHOOL BOARD LETTER WAS AN ACTUAL APPROVAL.DOES IT SEEMED TO NOT ACTUALLY SAY YES OR NO? WE APPROVE THE DEVELOPMENT AND UH, OBVIOUSLY IT SHOWS THAT THINGS ARE CORRECTED, WHICH WE ALL HAVE.
DO WE HAVE ANY MORE PUBLIC COMMENT? WE DO NOT.
[VI.1. Unified Development Ordinance Amendments (Planning Commission Workshop – No Action) – Discussion of Proposed Ordinance to Amend Town of Bluffton Code of Ordinances, Chapter 23 – Unified Development Ordinance (UDO) Relating to Wetlands, Article 5 – Design Standards, Sec. 5.10 (Stormwater); and Article 9 – Definitions and Interpretation, Sec. 9.2 (Defined Terms). (Staff - Andrea Moreno)]
GO AHEAD ON THE AGENDA TO THE WORKSHOP.ITEM NUMBER ONE UD, HERE WE GO.
UNIFIED DEVELOPMENT ORDINANCE AMENDMENTS, PLANNING COMMISSION WORKSHOP.
THERE WILL BE NO ACTION DISCUSSION OF PROPOSED ORDINANCE TO AMEND TOWN OF BLUFFTON, CODE OF ORDINANCES CHAPTER 23, UNITED DEVELOPMENT ORDINANCE RELATING TO WETLANDS ARTICLE FIVE, DESIGN STANDARDS, SECTION FIVE POINT 10 STORMWATER AND ARTICLE NINE, DEFINITIONS AND INTERPRETATION SECTION 9.2.
UM, VERY BRIEFLY, AND YOU MAY BE ABOUT TO ADDRESS THIS, BUT IF YOU DON'T MIND JUST, UM, TALK ABOUT THE HISTORY BECAUSE WE HAVE SEEN THIS BEFORE AND HOW IT WAS AN EMERGENCY BEFORE.
SO IT DOES COME UP IN A COUPLE SLIDES, BUT, UM, OKAY.
ESSENTIALLY THE ORDINANCE THAT IS IN PLACE IS WE'RE, WE'RE CALLING OUR INTERIM WETLAND ORDINANCE.
AND THE FULL INTENTION WAS TO COME BACK AND UTILIZE CONSULTANT RECOMMENDATIONS FROM OUR CONSULTANT TEAM AS
AND HOPEFULLY I WON'T BE BACK HERE IN A YEAR IN TOUCH.
WE ARE JUST HERE TO, UH, DISCUSS THE PROPOSED AMENDMENTS TO SECTIONS FIVE, 10 AND 9.2 SPECIFICALLY AS IT RELATES TO THE WHAT ONE ORDINANCE.
AND AGAIN, AS YOU MENTIONED, JUST REQUESTING THAT Y'ALL PROVIDE YOUR DIRECTION AND FEEDBACK ON THESE PROPOSED AMENDMENTS.
SO FOR A BIT OF BACKGROUND, UM, COUNCIL APPROVED AN MSA WITH MCCORMACK TAYLOR TO DEVELOP TOWN WETLAND AND RESILIENCE ORDINANCES, AND SPECIFIC TO WETLAND PROTECTIONS, THEY WERE MEANT TO REVIEW CURRENT TOWN POLICIES, IDENTIFY INVENTORY WETLANDS WITHIN THE TOWN'S JURISDICTION, DEVELOP A MAP OF THOSE WETLANDS TO BE PROTECTED, AND THEN ALSO DEVELOP A WETLAND ORDINANCE FOR THE TOWN.
NOW CONCURRENT YET INDEPENDENT FROM THIS MSA WORK, UM, TOWN COUNCIL BASICALLY, UH, PUSHED US TO DEVELOP WETLAND PRODUCTIONS MORE EXPEDIENTLY AND WE DEVELOPED OUR CURRENT INTERIM WETLAND PRODUCTION ORDINANCE IN JUNE OF LAST YEAR.
THIS ORDINANCE, UM, ESTABLISHED A 50 FOOT UNSERVED BUFFER AROUND THE PERIMETER OF ALL WETLANDS AND ALLOWED US TO HAVE ENFORCEMENT FOR ANY UN PERMITTING FILL, UNPERMITTED FILL OF WETLANDS.
AND IT FILLED GAPS LEFT BY LOOSE AND FEDERAL RULES AFTER THE, UM, U US SUPREME COURT SST DECISION.
AND IT ACTUALLY MADE LEFT END THE FIRST MUNICIPALITY IN THE STATE OF SOUTH CAROLINA TO DO SO IN DIRECT RESPONSE TO THESE FEDERAL CHANGES.
AS A REMINDER, THE TOWN'S 50 FOOT BUFFER DOES NOT APPLY TO DEVELOPMENTS WITHIN A PUD.
THE DEVELOPMENT AGREEMENTS OUTLINE THEIR OWN VEGETATIVE OR WETLANDS SETBACKS THAT ARE REALLY VEGETATED FILTER STRIPS.
SO ANYTHING IN PUD HAS TO ADHERE TO THOSE, UM, DISTANCES OUTLINED IN THE DEVELOPMENT AGREEMENTS, 8% OF THE TOWN NOT IN A BEAUTY, THAT'S WHERE A 50 FOOT BUFFER COMES INTO PLAY.
AND ALSO SINCE ADOPTION, UM, LAST YEAR, WE HAVE ONLY RECEIVED, AND HOPEFULLY THAT'S IT.
UM, ONE REQUEST FOR A VARIANCE THAT WAS LATER PULLED AND THREE REQUESTS FOR A WAIVER, ALL OF WHICH WERE GRANTED, UM, WITH CONDITIONS OF APPROVAL AND REMINDER VARIANCE, OBVIOUSLY BOARD OF ZONING APPEALS WAIVER, THAT STAFF LEVEL, WE ACTUALLY HAVE AN INTERNAL, UM, WETLAND WAIVER POLICY DOCUMENT THAT WE CREATED TO BASICALLY PROVIDE THAT CRITERIA CHECKLIST FOR STAFF TO GO THROUGH AND DETERMINE WHETHER OR NOT THAT THE WAIVER IS TRULY NECESSARY.
UM, AND THEN ALSO INCLUDE SOME CONDITIONS OF APPROVAL, WHAT I MEAN, BUT THAT IS WHAT SAY WE APPROVED AN IMPACT FOR A ROAD TO ACCESS A PROPERTY TO GO THROUGH A WETLAND OR WETLAND BUFFER.
AND, UM, WE AS A CONDITION OF APPROVAL COULD SAY, OKAY, WELL NOW WE'D LIKE TO SEE A GREATER BUFFER WIDTH ON THE NON IMPACTED PORTION OF THE BUFFER, IF THAT MAKES SENSE.
JUST WANNA GET THAT BACKGROUND.
SO AGAIN, THE CURRENT INTERIM ORDINANCE WAS ALWAYS MEANT TO BE TOUCHED.
AGAIN, TO DEVELOP A COMPREHENSIVE WETLAND ORDINANCE THAT WOULD TAKE THESE CONSULT RECOMMENDATIONS AND UTILIZE A TOWN OWNED WETLAND MAPPING TOOL.
ESSENTIALLY, AS WE KNOW, ACCURATE INFORMATION AND DATA ON WETLANDS REALLY ALLOWS US TO MAKE INFORMED DECISIONS.
UM, CURRENTLY THE TOWN RELIES ON THE NATIONAL WETLAND INVENTORY, WHICH IS MANAGED BY
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THE US FISH AND WILDLIFE SURFACE, AND IS ACTUALLY THE KIND OF PRIMARY SOURCE OF MAP WETLANDS ACROSS THE US BUT SPECIFIC TO THE TOWN, UM, IT HASN'T BEEN UPDATED, MEANING THE AERIAL IMAGERY HASN'T BEEN UPDATED SINCE OH SIX 2011.SO NOT EXACTLY ACCURATE FOR OUR AREA AS THAT'S WHEN WE EXPLODED.
AND IT'S ALSO NOT GOOD AT PICKING UP THESE SMALLER ISOLATED WETLANDS.
UM, SO STAFF ARE PROPOSING AMENDMENTS, UM, TO KIND OF MAKE SURE THAT WE ARE KEEPING UP WITH DEFENSIBILITY IN ALIGNMENT OF OUR ORDINANCE.
UM, AND AGAIN, ALSO INCORPORATE SOME OF THE FEEDBACK WE RECEIVED DURING THE TIME COUNCIL WORKSHOP AND ALSO THE PUBLIC COMMENT PERIOD, WHICH I JUST WANNA NOTE WAS ONLY FROM TWO ENGINEERS.
UM, SO WE ARE LOOKING TO INCLUDE CORRECTIONS OF SCRIBNER'S ERRORS AND GOOD HOUSEKEEPING EDITS.
WE ALSO ARE LOOKING TO INCLUDE RESILIENCE RELATED LANGUAGE.
UM, THIS IS REALLY BECAUSE, WELL, NOT ONLY IS IT IN OUR DEPARTMENT'S NAME, BUT ALSO BECAUSE THE TOWN IS MOVING FORWARD WITH A RESILIENCE PLAN AND A RESILIENCE ORDINANCE.
AND SO THIS REALLY JUST KIND OF TEES UP, UM, THOSE FORTHCOMING EFFORTS.
UM, AND THEN WE'RE ALSO LOOKING TO INCLUDE CLARIFYING LANGUAGE REGARDING THE AUTHORITY OF THE UDO ADMINISTRATOR AND, UM, CLARIFYING SOME EXEMPTIONS AND EXCEPTIONS TO OUR WETLAND ORDINANCE ITSELF.
UM, AGAIN, WE'RE GONNA INCLUDE REFERENCE TO THIS TOWN WETLAND WETLAND HOPPING TOOL TO AID APPLICANTS IN WETLAND AND WETLAND BUFFER IDENTIFICATION.
WE ARE HOPING TO ELABORATE ON SOME CORE EXCEPTIONS INCLUDE A LIST OF ALLOWED ACTIVITIES WITHIN WETLANDS THEMSELVES.
THE CURRENT INTERIM ORDINANCE ONLY ALLOWS FOR ACTIVITIES WITHIN WETLAND BUFFERS, NOT WETLANDS.
UM, AND THEN WE'RE ALSO LOOKING TO INCLUDE A LIST OF ASSURANCES FOR THE PROTECTION OF WETLANDS AND WETLAND BUFFERS.
AND THEN FOR DEFINED TERMS IN 9.2, WE'RE ADDING IN DEFINITIONS OF HEAVY MACHINERY AND WETLAND BUFFER AND THEN REVISING THE CURRENT DEFINITION OF WETLANDS DELINEATION IT.
OKAY, SO IN GETTING INTO THE SPECIFICS, UM, THERE WERE CONCERNS, AND THIS WAS ACTUALLY BROUGHT ABOUT DURING THE PUBLIC COMMENTARY, THERE WERE CONCERNS ABOUT SUBJECTIVITY OF THE UDO ADMINISTRATOR'S DISCRETION TO EITHER EXEMPT ACTIVITIES FROM THE WELL UNDER ORDINANCE ENTIRELY OR REQUIRE ADDITIONAL MEASURES PRIOR TO PROVIDING THAT EXCEPTION.
UM, SO WE'VE ADDED A SPECIFIC REFERENCE TO TOWN POLICIES AND GUIDELINES, WHICH IS THAT WAIVER POLICY DOCUMENT I MENTIONED EARLIER, UM, TO KIND OF HOPEFULLY HELP ALLEVIATE ANY OF THOSE SUBJECTIVITY CONCERNS.
WE ARE ALSO LOOKING TO, UM, REVISE THE EXCEPTIONS RELATED TO THE CORE PERMITS.
UM, CORE PERMITS TO JURISDICTIONAL WETLANDS, UM, WILL REQUIRE AN ACCOMPANYING JURISDICTIONAL DETERMINATION.
UM, AND THIS IS TO ENSURE THAT THE PROPOSED IMPACTS THAT WE'RE ALLOWING ARE IN FACT FOR JURISDICTIONAL WETLANDS.
UM, AS THE CORE IS THE ONLY, ARE THE ONLY ONES WHO CAN DETERMINE JURISDICTIONAL STATUS.
VERY BRIEFLY TO EXPLAIN THE CORE HAS TWO DIFFERENT TYPES OF PERMITS.
UM, ONE OF THOSE PERMITS INCLUDES A JURISDICTIONAL TERMINATION AS PART OF THAT, THAT'S THE INDIVIDUAL WETLAND PERMIT.
AND THEN THE NATIONWIDE PERMIT DOESN'T INCLUDE A JURISDICTIONAL TERMINATION, SO IT DOESN'T ACTUALLY TELL YOU IF IT'S NON-JURISDICTIONAL OR JURISDICTIONAL.
AND CERTAINLY FOR THE PURPOSES OF OUR WETLAND ORDINANCE WHERE WE'RE LOOKING TO PROTECT THOSE NON-JURISDICTIONAL WETLANDS, YOU NEED TO KNOW, UM, ALSO ONCE THE IMPACTS TO A JURISDICTIONAL WETLAND HAVE BEEN MADE, ANY REMAINING WETLAND ON THE PROPERTY IS SUBJECT TO THE TOWNS OF WETLAND ORDINANCE, INCLUDING BUT NOT LIMITED TO OUR 50 FOOT BUFFER.
THIS, UM, GRAPHIC HERE IS KIND OF DEMONSTRATING THAT, THAT ESSENTIALLY IT'S A JURISDICTIONAL WETLAND AND THEY HAVE A VALID COURT PERMIT.
OF COURSE, THEY CAN GO AHEAD AND PROVIDE THOSE IMPACTS, YOU KNOW, PER THE, PER THE PERMIT.
UM, BUT THEN AFTER THEY GET THEIR NEW WETLAND LINE, ESSENTIALLY OUR 50 FOOT BUFFER WILL THEN BE OPPOSED OR IMPOSED, RATHER.
THIS IS ALWAYS LEGAL'S INTERPRETATION OF OUR CURRENT WETLAND ORDINANCE.
FLORIDA'S LOOKING TO ADD IN THAT LIKE VERY DESCRIP LANGUAGE, SO THERE'S ANY CONFUSION.
WE ARE ALSO LOOKING AT INCLUDING PROHIBITION OF MOTORIZED VEHICLES ALONG MULTI-PURPOSE PATHWAYS AND WETLANDS AND WETLAND BUFFERS, WITH THE EXCEPTION OF A DA COMPLIANT MOTORIZED WHEELCHAIRS.
THIS IS VERY, VERY SIMILAR TO THE CURRENT GOLF CART ORDINANCE.
UM, IT'S ACTUALLY WHERE I TOOK IT FROM.
AND WE'RE ALSO, UM, LOOKING TO ADD IN CLARIFYING STATEMENT THAT, UM, CERTAIN ACTIVITIES ARE PERMITTED SO LONG AS THEY'RE CONDUCTED WITHOUT THE USE OF HEAVY MACHINERY.
WE'LL GET MORE INTO DETAIL ABOUT WHAT EXACTLY YOU MEAN BY HEAVY MACHINERY WHEN
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WE GET INTO, UM, THE DEFINITIONS UNDER NINE TWO.BUT, UM, THIS REFERENCE APPLIES TO TWO EXEMPTED ACTIVITIES FROM THE ENTIRE STORMWATER ORDINANCE.
SO NOT JUST THE WETLAND BUFFER ORDINANCE, BUT THE ENTIRE STORMWATER SECTION.
AND THAT IS PRUNING AND TRIMMING OF VEGETATION WITHIN A WETLAND AND WETLAND BUFFER AND, UM, SOIL RESEARCH FOR SOIL WATER DATA, ET CETERA.
AND BASICALLY THE WHOLE POINT IS ALTHOUGH THESE ACTIVITIES THEMSELVES ARE DON'T NEED TO STORM WATER PERMIT, WE WANNA MAKE SURE THAT THEY'RE NOT USING HEAVY MACHINERY AS THESE THINGS CAN CAUSE UNINTENDED LAND DISTURBANCE AND UNINTENDED CONSEQUENCES.
OKAY, SO THEN WE'RE ALSO LOOKING TO INCLUDE ALYSSA LOT OF ACTIVITIES WITHIN A WETLAND ITSELF.
AGAIN, THE CURRENT ORDINANCE, NO TOUCHY OF WETLANDS, SO WE'RE KIND OF OPENING THAT UP JUST TO REALLY BE REALISTIC ABOUT WHAT ACTIVITIES CAN OCCUR WITHIN A WETLAND SHOULD, SHOULD OCCUR, I SHOULD SAY.
UM, THAT INCLUDES, UM, PUBLIC BOARDWALK MULTI-USE PATHWAYS, OBVIOUSLY WATER DEPENDENT DEVELOPMENT.
UM, THIS ALSO INCLUDES, UH, WETLAND RESTORATION PROJECTS.
UM, AND TO GUARANTEE THE FUTURE WETLAND PROTECTIONS ASSURANCES FOR THE PROTECTION OF WETLANDS, UM, WILL BE PROVIDED BY THE APPLICANT AS PART OF THE APPLICATION CERTIFICATION PROCESS.
UM, THIS MAY TAKE THE FORM OF DEED RESTRICTIONS, CONSERVATION EASEMENTS, OR PERMIT RESTRICTIONS.
UM, AND ACTUALLY THESE PROTECTIONS ARE VERY SIMILAR TO WHAT'S ALREADY OUTLINED IN THE COASTAL ZONE MANAGEMENT PLANS, UM, MANUAL.
AND BY EXECUTING A PERMIT RESTRICTION FORM NO APPLICANT CAN SUBMIT FOR A, FOR WETLAND IMPACTS TO THE WETLAND SHOWN ON THE RECORDED SURVEY FOR A PERIOD OF FIVE YEARS.
AND WETLAND AND WETLAND BUFFERS MUST BE PLOTTED AND RECORDED ALONG WITH A DESCRIPTION OF THE SPECIFIC RESTRICTIONS.
UM, AN EXAMPLE OF THIS PERMIT RESTRICTION FORM WOULD BE THAT AN APPLICANT FOR A DEVELOPMENT WITH WETLANDS ON THE PROPERTY, EITHER THEY'VE PROPOSED IMPACTS TO THE WETLANDS THEMSELVES OR THEY DON'T.
UM, BUT THEY HAVE TO THEN PROVIDE A SURVEY, A RECORDED SURVEY SHOWING WHERE THERE'S WETLANDS ARE LOCATED.
AND IF THEY CHOOSE TO PROCEED WITH A PERMIT RESTRICTION FORM, THEN THEY CANNOT TOUCH THOSE WETLANDS, EVEN IF THEY SUBMITTED FOR A VARIANCE OR A WAIVER OR OTHERWISE, THEY CANNOT TOUCH THOSE WETLANDS FOR A PERIOD OF FIVE YEARS.
UM, THIS PERMIT RESTRICTION FORM IS ONLY FOR THE WETLANDS THEMSELVES, NOT THE WETLAND BUFFERS.
AND THE UDO ADMINISTRATOR DOES HAVE THE DISCRETION TO, UM, WAIVE THIS RULE FOR SOLELY FOR PUBLIC PURPOSES.
SO WE ARE LOOKING TO ADD DEFINITIONS OF HEAVY MACHINERY AGAIN, TO, UM, KIND OF CLARIFY WHAT ACTIVITIES MAY BE EXEMPT FROM OUR STORMWATER SECTION.
AND THIS IS, YOU KNOW, THINK SKID STEER EXCAVATOR DUMP TRUCK, RIGHT? THIS IS NOT INCLUDING LAWNMOWERS OR THINGS LIKE THAT.
UM, WE ARE ALSO PROPOSING A DEFINITION FOR A WETLAND BUFFER AS THE EXISTING BUFFER DEFINITION IN THE UDO IS REALLY TALKING ABOUT PROVIDING LIKE CONTINUOUS PROPERTY TO PRIVACY, WHICH IS NOT OBVIOUSLY THE INTENT OF A WETLAND BUFFER, WHICH IS REALLY MEANT TO PROTECT THE WETLAND ITSELF.
AND WE'RE LOOKING TO REVISE THE DEFINITION OF WETLAND DELINEATION.
OUR CURRENT DEFINITION REQUIRES THAT AN UPDATED DELINEATION BE PROVIDED IF IT WAS, UM, OR PREPARED IF IT OR PROVIDED IF IT WAS PREPARED MORE THAN, UH, THREE YEARS AGO.
BUT WE'RE ADVISING IT TO BE FIVE YEARS BECAUSE THAT ALIGNS WITH THE CORE.
AND ALSO PDC FOR THEIR REGULATIONS.
WE'RE ALSO, UM, SPECIFYING WHO CAN PROVIDE A DE DELINEATION THE CURRENT DEFINITION.
AND THE ORDINANCE JUST BASICALLY SAYS THAT AN INDIVIDUAL, ANY INDIVIDUAL CAN PROVIDE A DELINEATION AS LONG AS THEY'RE ADHERING TO THE CORE'S MANUAL FOR IDENTIFYING AND DELINEATING WETLANDS, WHICH IS NOT NECESSARILY WRONG WITH, UM, HOWEVER, MAYBE YOU DON'T WANT YOUR FINANCIAL ADVISOR GIVING YOU A WETLAND DELINEATION, EVEN IF THEY'RE IN FACT USING THAT MANUAL.
SO WE'RE JUST LOOKING TO ADD IN MAYBE SOME, LIKE SOME MORE SPECIFIC LANGUAGE ABOUT PROFESSIONALS WITH EXPERIENCE IN IDENTIFYING DELINEATING WETLANDS.
AND WE'VE EVEN INCLUDED SOME, UM, PROFESSIONAL DEGREES, YOU KNOW, ENVIRONMENTAL SCIENCE, WETLAND ECOLOGY AND BIOLOGY, THAT SORT OF THING, NOT AS A, UM, YOU KNOW, THAT'S JUST EXAMPLES NOW.
UM, WHILE FIELD DELINEATION OF WETLAND BOUNDARIES WILL BE THE ULTIMATE DETERMINANT OF WHERE A WETLAND AND WETLAND BUFFER BOUNDARIES ARE LOCATED, UM, THE TOWN'S WETLAND MAPPING TOOL, WHICH
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IS PLANNED TO GO LIVE WITH THE ADOPTION OF THESE PROPOSED AMENDMENTS, WILL ALLOW FOR BOTH THE TOWN AND THE APPLICANT TO KNOW IN ADVANCE OF SUBMITTING A DEVELOPMENT PROJECT, WHICH AREAS OF THE SITE ARE LIKELY TO HAVE WETLANDS PRESENT AND PLAN ACCORDINGLY.SO IN SHORT, THE APPROACH TO CREATING THIS MAPPING TOOL INVOLVED CONDUCTING AN OVERLAY ANALYSIS OR ESSENTIALLY A SCREENING OF SEVERAL WETLAND INDICATORS.
UM, OUR CONSULTANT THEN COMBINED THIS SCREENING WITH FIELD VERIFIED WETLAND LOCATION SHOWN ON APPROVED PLANS.
WE ACTUALLY PROVIDED A WHOLE BUNCH OF, UM, DEVELOPMENT PLANS FROM KIND OF ALL AROUND BLUFFTON ACTUALLY.
AND THEY WERE ABLE TO BASICALLY TAKE THEIR TOOL, TAKE THE TOOL THEY'VE CREATED AND TRUTH IT AGAINST APPROVED DEVELOPMENT PLANS, SHOWING THE DONATIONS TO KIND OF JUST CHECK IT FOR ACCURACY.
AND THEY USE SCIENTIFIC METHODOLOGIES TO DETERMINE HOW LIKELY LOW, MEDIUM, OR HIGH IT IS THAT A WETLAND IS PRESENT IN A PARTICULAR LOCATION.
SO AS YOU'LL SEE IN THAT KIND OF SNIPPET THERE, THAT'S WHAT THE WHOLE TOWN LOOKS LIKE.
SO IN TERMS OF LOW, IT'S, ARKANSAS HAS TOLD US IT'S LIKE 20% CHANCE, LESS THAN 20% CHANCE THAT A WETLAND IS PRESENT.
UM, BUT THE REALITY IS, IS I'VE HONESTLY, I'M COMFORTABLE SAYING LIKE LESS THAN 10% CHANCE, UM, WHEREAS YOUR MEDIUM AND HIGH, IT'S CHECKING MORE AND MORE OF THOSE BOXES OF THOSE WETLAND INDICATORS.
SO ESSENTIALLY THIS MEANS THAT AN APPLICANT OF A PROPOSED PROJECT SHOWING ANY MEDIUM OR HIGH WETLAND POTENTIAL SITES WILL, UM, NEED TO GIVE US A WETLAND DELINEATION RIGHT OFF THE BAT AS PART OF THEIR DEVELOPMENT APPLICATION AND OUR STORM WATER PERMIT.
WE WANNA KNOW WHERE THEY'RE ACTUALLY LOCATED.
WETLAND DELINEATIONS WILL TAKE PRECEDENCE OVER OUR TOWN WETLAND MAPPING TOOL UNLESS THERE ARE IN MAJOR DISCREPANCIES.
UM, AN EXAMPLE I WOULD GIVE OF THAT WOULD BE, LET'S SAY THERE'S AN ATTRACTIVE LAND WHERE ACCORDING TO THE TOWN'S, UM, MAPPING TOOL, THREE QUARTERS OF IT FOR THIS RENTS HIGH POTENTIAL WETLAND.
AND THEN WE GET A DELINEATION BACK THAT'S SHOWING LIKE, THIS MUCH IS WETLAND, WE'RE JUST GONNA HAVE, UM, KINDS OF QUESTIONS AND WANNA SEE EITHER A SECOND DELINEATION DONE OR SOMEONE COME AT SOMEONE GO OUT AND REALLY CHECK VISUALLY AND IN FIELD TO SEE IF THAT IS THE TRUTH.
UM, AND MAPPING IS TO BE UPDATED AS NEEDED BY TOWN STAFF.
THIS IS OUR WETLAND MAPPING TOOL.
UM, THIS IS NOT SOMETHING WE WILL RELY ON OUR CONSULTANT TO UPDATE.
AND ACTUALLY THE PLAN IS TO PUT IT ON BLUFF AND EXPLORE SO THAT, YOU KNOW, PEOPLE ARE ABLE TO ACCESS IT EASILY.
SO WHAT'S THE DIFFERENCE BETWEEN THE NNWI AND OUR TOWN WETLAND MAPPING TOOL? WELL, AGAIN, WE KNOW THAT THE NWI IS NOT GOOD AT PICKING UP THESE SMALLER ISOLATED WETLANDS, YOU KNOW, ONE TO THREE ACRE IN SIZE AND WE KNOW THAT WE HAVE AN ABUNDANCE OF THEM.
SO IT'S NOT NECESSARILY A SHOCK THAT WE IDENTIFY VIA OUR TOOL MORE THAN THE NWI.
THAT IS SOMETHING TO BE SHOCKED BY.
UM, WHICH CERTAINLY WE KIND OF FELT LIKE THIS WAS JUST MORE OF A JUSTIFICATION TO HAVE OUR OWN WETLAND MAPPING TOOL, RIGHT? SOMETHING THAT WAS TO BE MORE ACCURATE IN KIND OF A CURSORY IS THERE LIKELY A WETLAND PRESENT OR NOT? UM, BUT ALSO A GOOD REASON FOR US TO HAVE OUR OWN WELL PROTECTION ORDINANCE.
SO, UM, FOLLOWING TONIGHT'S MEETING, YOU GUYS WILL, UM, RECEIVE THE APPLICATION FOR UDO TAX AMENDMENTS IN MAY AND YOU'LL UTILIZE THE, UM, UDO SECTION 3, 5, 3 CRITERIA TO KIND OF JUDGE THESE AMENDMENTS.
AND THEN, UM, YOU'LL PROVIDE HOPEFULLY YOUR RECOMMENDATION FOR TOWN COUNCIL.
THESE ARE OBVIOUSLY TENTATIVE DATES, BUT OUR PLAN IS TO GET IN FRONT OF COUNSEL FOR FIRST READING IN JUNE AND SECOND READING OF JULY.
WITH THAT, DO YOU HAVE ANY QUESTIONS? START ON YOUR END STR UM, I, I HAVE A LOT OF QUESTIONS, BUT, UH, I MEAN, LET'S FACE IT.
I MEAN, YOU KNOW, I, I DON'T EVEN AGREE.
A LOT OF APP PREMISE OF, OF, OF THE S DECISION DID NOT, DID, DID, DID NOT RESULT IN A LOT OF UNREGULATED WETLANDS, BASICALLY DUE TO WHAT'S NOW BCM AND, AND DHES AND HOW ALL THE DE CENTER COASTAL COUNTIES HAVE TO APPLY TO THEM FOR IMPACTS TO THESE, TO THESE WEAPONS UNLESS ZERO AUTO COVERAGE.
CAN YOU PULL UP THE REFERENCE TO ARMY CORPS OF ENGINEER IF YOU HAVE A PERMIT, BUT THEN IT EXPIRES AND THEN
[00:25:01]
OH, A 50 FOOT BUFFER AND, YEAH, YEAH, YEAH.SO CAN YOU EXPLAIN THIS AGAIN? IS THIS, SO YOU HAVE, UH, A CORE APPROVED IMPACTS MM-HMM
AND THEN AFTER YOU DO THOSE IMPACTS, THE TOWN IS GOING TO IMPOSE AN ADDITIONAL 50 FOOT OR AN INCLUSIVE 50 FOOT.
IT WOULD BE FROM THE NEW LINE OF YOUR WETLAND BOUNDARY.
SO IF THAT MAKES ANY SENSE, YOU'VE IMPACTED YOUR WETLAND.
SAY THE WETLAND WAS HERE, THIS IS MY EXAMPLE, BUT IT WAS HERE AND YOU RECEIVED COURT, YOUR CORE PERMIT WAS TO IMPACT TO HERE.
SO NOW YOUR 50 FOOT COMES OFF THIS LINE.
AND THAT ALREADY, THOSE TWO KIND OF EXCEPTIONS THAT ARE IN THE, UM, IN THE ORDINANCE, IT'S A BASICALLY A PRE SECOND CORE PERMIT AND A POST-SECOND CORE PERMIT THAT ALREADY SITS IN THE, IN THE ORDINANCE.
AND THIS HAS ALREADY BEEN LEGAL'S INTERPRETATION OF THOSE TWO SECTIONS.
WE'RE JUST TRYING TO ADD IN REALLY, REALLY DEFINED LANGUAGE SO THAT THERE IS A CONFUSION.
I JUST, I, I MISUNDERSTOOD WHEN YOU EXPLAINED IT THE FIRST TIME.
UM, AND I, I DO THINK, UM, ALRIGHT, SO YEAH, THAT, I DON'T KNOW, THAT STILL BOTHERS ME THAT IT SEEMS LIKE YOU'RE, YOU'RE, YOU'RE TAKING AWAY AN ADDITIONAL 50 FEET OF WHAT'S ALREADY BEEN THE PROPERTY AFTER YOUR IMPACT.
SO AFTER THE, AND THEN I HAVE TO NOTE TOO, THIS IS ONLY OUTSIDE OF THE PDS, RIGHT? BECAUSE OTHERWISE INSIDE THE PDS WE CAN'T MAKE CHANGES TO BUFFERS AND SETBACK.
BUT YEAH, SO GOT YOUR CORE PERMIT, YOU'RE GOOD TO GO, AND THEN YOU'RE 50 FOOT, BUT ALSO REMEMBER THAT WITHIN YOUR BUFFER, YOUR WETLAND BUFFER, YOU CAN INSTALL UTILITIES, STORMWATER INFRASTRUCTURE.
IT'S NOT, I MEAN, IT'S ACTUALLY BEEN KIND OF NICE I THINK FOR DEVELOPERS TO BE ABLE TO DO THAT.
BUT IF YOU, IF YOU ARE SMALL TOWN, SMALL TIME PROPERTY OWNER WITH A HALF ACRE LOT AND YOUR NEIGHBOR HAS, UM, HAS A JURISDICTIONAL WETLAND THAT THEY'VE IMPACTED ON THEIR PROPERTY LINE AND IT, AND IT GOES UP TO YOUR PROPERTY LINE AND THEN YOU IMPOSE A 50 FOOT BUFFER OUTSIDE OF THAT, YOU'VE TAKEN AWAY 50 FEET OF THAT NEIGHBORING PROPERTY, NEIGHBORING PROPERTY OWNER'S PROPERTY THAT THEY ARE NOW UNABLE TO USE.
AND THAT 50 FEET ON A HALF ACRE LOT COULD AFFECT THEIR ABILITY TO EVEN CONSTRUCT OR OR DEVELOP THEIR PROPERTY.
AND THEN THAT MAY BE A CAUSE FOR A WAIVER.
AND THAT'S, THAT'S WHERE, AND THAT'S WHERE WE ARE.
WHY ARE WE CREATING SOMETHING THAT WE HAVE TO CONSISTENTLY GO BACK AND ASK FOR WAIVERS AND EXCEPTIONS.
I MEAN, THAT WOULD BE INTERESTING BECAUSE IT HASN'T PASSED YET.
BUT WHY ARE WE, WHY ARE WE CREATING SOMETHING THAT WE WE'RE JUST SAYING, WELL THAT'S OKAY BECAUSE WHEN THAT BECOMES A PROBLEM WE'LL JUST GO SEEK A WAIVER.
THE 50 FOOT BIT ALREADY EXISTS WITHIN THE ORDINANCE.
IT'S JUST NOT INCREDIBLY DESCRIP.
IT TOOK LEGAL PROVIDING THEIR LEGAL INTERPRETATION.
THE BUT WHEN YOU SAY IT ALREADY EXISTS, THIS IS THE EMERGENCY ORDINANCE WE PUT IN PLACE.
IT DIDN'T EXIST BEFORE THAT, CORRECT? YEAH, THIS WAS, SO IN MARCH OF 2025 IS WHEN THIS WAS RUSHED THROUGH AND WE'RE LIKE, WELL, WE'LL FIX IT LATER IN MARCH OF 2025.
THAT IS WHEN THIS WAS PUT PLACE.
I COMMISSIONER HOWARD, IF I CAN ADD ON, BECAUSE I, I AGREE WITH YOU ON THIS 50 FOOT.
I THINK IT'S A, I THINK IT'S CAUSE FOR CONCERN IF YOU HAVE TWO PROPERTY OWNERS AND NOW ALL OF A SUDDEN THE NEIGHBORING PROPERTY OWNER CAN COME ONTO YOUR PROPERTY WITH THIS, WITH THIS 50 FOOT BUFFER THAT WE IMPOSE, AND NOW ALL OF A SUDDEN YOU LOST 40 FEET OR 50 FEET OR 30 FEET OF, OF YOUR RIGHT TO BE ABLE TO DO SOMETHING ON YOUR PROPERTY.
THAT, AND I THINK WE NEED TO CHECK WITH LEGAL BECAUSE THAT COULD BE A TAKING.
OH, WELL LET ME CLARIFY ONE THING TOO, SO THAT IT IS ONLY WHERE OFF YOUR NEW WETLAND FOUNDRY LINE.
IT'S NOT LIKE, UM, OKAY, LEMME THINK ABOUT THIS SENTENCE.
IT'S NOT LIKE YOUR 50 FOOT WOULD BE HERE AND THEN AROUND HERE THE REST OF THE PROPERTY.
BUT IT'S STILL, WELL, LET'S JUST, SO IT'S NOT IMPACTING A ADJACENT, LET CREATE, CREATE AN EXAMPLE.
I, I OWN PROPERTY AND I'M ALLOWED TO IMPACT THE WETLAND THAT EXTENDS TO MY PROPERTY LINE THAT'S SHARED WITH MR. DELCOR.
SO AFTER MY IMPACTS ARE COMPLETED,
[00:30:01]
NOW THE TOWN WANTS TO IMPOSE A 50 FOOT BUFFER, WHICH FINE WITH ME BECAUSE IT'S ONLY GONNA IMPACT HIM.NOT, NOT HIS BECAUSE YOUR IMPACTS WERE ON YOUR SIDE.
THIS IS ONLY WHERE THE IMPACTS OCCURRED.
WELL, IT'S ALREADY MIGHT NOT MAKING SENSE.
SO HOW, SO THE, A PROPERTY LINE DETERMINES THE EFFECTIVENESS OF A WEAPON BUFFER.
NOW WEAPON YOU DON'T KNOW, BUT THAT'S WHERE YOUR, THAT'S WHERE YOUR IMPACT WAS FOR WAS ON YOUR NO, MY IMPACT WENT UP TO THE PROPERTY LINE.
SO YOU FILLED IT IN THIS SO YOU IMPACTED THE ENTIRE WETLAND ON YOUR PROPERTY? LIKE BASICALLY POSSIBLY, BUT ONCE, ONCE I IMPACTED IT, YOU'RE GONNA PUT A BUFFER SO IT COME BACK ON YOUR PROPERTY.
WAS IT GONNA HIT MY PROPERTY TOO? THAT'S, YOU SAID IT WASN'T AN THAT'S WHAT I ASKED.
WAS IT AN INCLUSIVE OR AN ADDITIONAL NO, IT IS.
DAN OVER HERE ALSO IN WETLAND ON HIS SIDE OF THE LINE.
BUT LET'S SAY THIS IS YOUR PROPERTY LINE BETWEEN THE TWO OF YOU.
YOU HAVE REQUESTED AN IMPACT TO HERE.
SO NOW 50 FEET COMES OFF OF THAT LINE ON YOUR PROPERTY AND NOTHING TO DO WITH DAN'S PROPERTY.
YEAH, BUT YOUR WETLANDS AND YOUR PROPERTY LINE.
LET'S JUST, AND THIS IS AN EXAMPLE.
YOUR AT WETLANDS END YOUR PROPERTY LINE.
WHEN DAN GOES TO DO IT, HE'S STILL GONNA BE IMPACTED BY YOUR WETLANDS.
CAN I ASK A QUESTION? AND PART OF THIS, SO IF I UNDERSTAND THIS CORRECTLY, YOU GUYS ARE ACTING LIKE WE'RE ADDING A BUFFER TO NON WETLANDS.
YOU'RE ACTUALLY TAKING WETLANDS AND MAKING THEM A BUFFER.
SO YOU ARE ADDING WHAT YOU'RE ALLOWED TO DO.
IT'S NOT LIKE THEY'RE COMING HERE.
THAT'S NOT WHAT, THAT'S NOT WHAT SHE SAID THOUGH.
THAT'S WHY I ASKED IF IT WAS IN NO, BUT IF YOU LOOK AT THE DIAGRAM, THE HATCH AREA IS THE WETLAND.
YOU'RE GETTING A PERMIT TO ENCROACH THE WETLANDS, THE 50 FOOT BUFFER, NO MATTER WHICH SIDE OF THAT ENCROACHMENT IS IN EXISTING WETLANDS.
SO THOSE WETLANDS ARE ALREADY ON YOUR PROPERTY.
SO YOU'RE TAKING A PIECE OF WETLAND AND TURNING IT INTO A WETLAND BUFFER.
THAT IS NOT A HARDSHIP TO ANYBODY.
YOU'RE ACTUALLY ALLOWED TO DO MORE THINGS IN THE WETLAND BUFFER THAN YOU CAN IN WETLANDS.
SO THE 50 FEET IS NOT OUTSIDE OF THE WETLANDS.
THE WHOLE THING IS IN THE WETLAND.
WELL, YEAH, IT WAS ALL WETLANDS TOO.
UM, YOUR NEW LINE, THEIR 50 B COMES THIS WAY.
SO IF ALL OF DAN'S PROPERTY IS A WETLAND OR IF HERE IT'S A WETLAND, HE STILL HAS TO IMPOSE A 50 FOOT PER PER OUR ORDINANCE PERIOD.
THIS IS JUST TALKING ABOUT CORE PERMITS.
AFTER AN IMPACT HAS BEEN MADE, IF YOUR CORE PERMIT IS TO IMPACT THE ENTIRE WETLAND, THERE IS NO BUFFER TO BE PUT IN.
CAN I PITCH AN EXAMPLE? JUST A WORKSHOP FOR INSTANCE? YEAH, COME ON ON PLEASE.
UH, IT'S 50 PARKER COMMERCE WAY.
SO THIS YOUR, BEFORE YOU GO ANY FURTHER, JUST FOR EVERYBODY IN THE ROOM, THIS IS A WORKSHOP ITEM.
THIS IS NOT A FORMAL AGENDA ITEM.
THAT'S WHY WE CAN CONVERSE, IF THAT MAKES SENSE.
SO THIS WHOLE THING'S A WETLAND.
WE GET A WETLAND PERMIT TO PUT A ROAD THROUGH THE MIDDLE OF IT.
WE ONLY IMPACT WHAT'S NEEDED TO BUILD THAT ROAD.
WE BUILT THE ROAD, IT CAN'T COME UP.
THAT'S A PERFECT DEFINITION OF WAIVER THERE.
SO, BUT THE ROAD WOULD ALREADY BE BUILT.
SO YOU WOULDN'T NEED A WAIVER.
I'M JUST NO, YOU, UM, SO YOU HAVE TO PROVIDE IT WITH ALL OF IT, BUT A WAIVER TO NOT HAVE TO DO IT.
I GUESS THAT IF THAT'S, YEAH, BECAUSE THAT'S THE REASON RIGHT.
IS TO FILL IT, TO BUILD A ROAD OR WHATEVER.
SO IF THAT'S ALLOWED, THEN I GUESS THAT'S OKAY.
I MEAN THE BUFFER, YOU'RE CHANGING ACTUAL WETLANDS TO A BUFFER.
YOU'RE NOT CHANGING UND DISTURBED LANDS THAT YOU COULD ALREADY DEVELOP.
SO IT'S NOT LIKE YOU HAVE AREA OF YOUR LAND THAT YOU CAN DEVELOP AND NOW THERE'S SOME 50 FEET WHERE YOU CAN'T DEVELOP IT'S AREA OF YOUR LAND THAT'S IN A WETLAND THAT YOU'RE NOT ALLOWED TO DEVELOP ANYWAYS.
AND NOW THERE'S A 50 FOOT BUFFER OFF OF IT.
SO YOU'RE ACTUALLY GAINING 50 FEET FROM BEFORE THE IMPACT TO THE WETLAND WAS DONE BECAUSE THE WHOLE THING WAS WETLANDS THAT YOU WEREN'T ALLOWED TO USE BEFORE YOU GOT THAT PERMIT.
SO WHEN YOU SAY SHE SAID EXPLAINING IT, YES.
WHEN YOU SAY 50 FOOT WETLAND BUFFER, IT'S NOT 50 FOOT OF NON WETLANDS, IT'S 50 FOOT IN THE WETLANDS.
NO, SEE THAT'S, THAT'S WHAT I'M HEARING.
YEAH, NO, THAT, LOOK AT THAT SHE'S SAYING LIKE THAT YOU, IF THE ENTIRE THING WAS WETLANDS TO BEGIN WITH, IT WAS NEVER TO BE DEVELOPABLE UNTIL YOU GOT THAT CORE IMPACT PERMIT.
SO US IMPOSING A 50 FOOT BUFFER, THIS ISN'T LAND YOU WERE LOSING THAT YOU HAD BEFORE.
[00:35:01]
UHHUH WILL, HAS WETLANDS THAT COME TO, LET'S CALL IT 10 FEET FROM WILL'S PROPERTY LINE, FORGET WILL.WHEN RICH GOES TO DEVELOP, CAN HE NOT DEVELOP 40 FEET FROM HIS PROPERTY LINE BECAUSE IT'S 50 FEET FROM THE WETLANDS? THAT DOESN'T MAKE ANY SENSE.
NO, BECAUSE YOU GET, ONCE HE DEVELOPS IT, YOU'RE SAYING, SO THE ORANGE PART THAT GETS DEVELOPED THAT'S NO LONGER WETLANDS, IT WAS APPROVED IMPACTS TO WETLANDS.
IF THAT TAKES YOU TO THE EDGE OF THE WETLAND, THERE'S NO WETLAND BUFFER BECAUSE THERE'S NO WETLAND.
SO IF THERE'S YOUR ONLY THING YOU'RE DOING, THE WAY I'M HEARING THIS ORDINANCE IS IT'S WHEREVER THE, THE WETLAND IS.
SO YOU'RE SAYING PROPERTY LINES, IT'S A NEW WETLAND LINE AFTER THE IMPACTS.
IF I MAY, I THINK Y'ALL ARE MIXING EXAMPLES FROM WHAT I'M HEARING.
AND CHARLIE, YOU CHIMED IN ON THIS EXAMPLE SPECIFICALLY ON A CORE PERMITTED IMPACT.
AND THEN IT SOUNDS AS THOUGH Y'ALL ARE TALKING ABOUT AN IMPACT TO A WETLAND THAT ISN'T NECESSARILY UNDER A CORE PERMITTED IMPACT.
IT SOUNDS AS THOUGH YOU'RE ASKING TWO DIFFERENT SCENARIOS BASED OFF THIS GRAPHIC IS WHAT I'M, IS WHAT I'M HEARING, AND I'M NOT SURE IF I'M CORRECT, BUT THAT'S WHAT I THINK OF AREN'T QUITE UNDERSTANDING WHAT I'M SAYING.
AND I'LL TRY TO EXPLAIN IT DIFFERENTLY.
BUT THE WHOLE HATCH AREA, SO THE WHOLE BOTTOM, UH, RIGHT QUADRANT OF THIS EXAMPLE IS WETLANDS.
AND YOU CAN PUT YOUR PROPERTY LINE ANYWHERE IN THERE.
IF THERE'S WETLANDS ON ONE SIDE OR THE OTHER, YOU'RE GETTING A CORE PERMIT TO DISTURB THE ORANGE PART OF THE WETLANDS.
THE OTHER HATCH PART IS STILL WETLANDS.
THE 50 FEET IS COMING OFF OF THAT CORE DETERMINED WETLAND DISTURBANCE.
AND IT IS CONVERTING WHAT WAS FORMERLY WETLANDS INTO A WETLAND BUFFER BASED ON THE NEW EDGE OF WETLANDS BECAUSE OF THAT IMPACTED PERMIT.
SO YOU AREN'T TAKING DEVELOPABLE LAND AND ADDING A NEW 50 FOOT BUFFER TO IT.
YOU ARE ADDING A 50 FOOT BUFFER TO THE EDGE OF THE WETLANDS, WHICH IS NOW SMALLER THAN IT WAS BEFORE THE IMPACTED PERMIT NEEDS TO BE.
AND WHICH SIDE OF THE CORE PERMIT 50 FEET DOESN'T REALLY RELATE TO THE PROPERTY LINE EXAMPLE YOU GUYS ARE GIVING? BECAUSE IT DEPENDS ON WHERE THE WETLANDS ARE AND IF THERE AREN'T WETLANDS, LIKE IF YOUR NEIGHBOR DEVELOPS TO THE EDGE OF THEIR WETLANDS, THAT HAS BEEN NOW KIND OF REMOVED FROM BEING A WETLAND.
'CAUSE YOU DON'T HAVE ANY WETLANDS ON YOUR LAND.
AND IF YOU HAD WETLANDS ON YOUR LAND, THE HATCHED AREA, LIKE YOU'RE TURNING WHAT WAS PREVIOUSLY WETLANDS INTO A WETLAND BUFFER.
SO YOU'RE NOT LOSING DEVELOPABILITY OF ANYBODY'S PROPERTY BY DOING THAT.
OLIVIA, YOU DO THE PRESENTATION NEXT TIME.
BUT SAYING, AND THAT'S, IT'S A COMPLICATED THING TO EXPLAIN, BUT IT'S NOT DO, WHEN YOU START SAYING 50 FOOT BUFFER, THE IMMEDIATE THING THAT COMES TO MIND IS YOU'RE TAKING PEOPLE'S LAND.
YOU'RE ACTUALLY LETTING THEM USE 50 MORE FEET OF THEIR THAN, THAN YOU COULD S OF A BOOKER.
NOW HOW DOES THIS APPLY TO THE MAP YOU WERE TALKING ABOUT THAT WE ARE GONNA DEVELOP, LIKE IF YOU GO TO YOUR PRO BONO BLUFF EXAMPLE MM-HMM
AND NOW WE'RE DETERMINING AS A TOWN THESE SMALLER, LIKE WHERE IT SAYS OVERLAY ANALYSIS CAPTURES SMALLER WEATHER.
HOW DOES THAT FACTOR IN? BECAUSE NOW WE'RE NOT TALKING JURISDICTIONAL, WE'RE NOT TALKING ARMY CORPS OF ENGINEERS.
HOW THIS IS, THESE ARE NOT DELINEATIONS, THIS IS JUST STATISTICAL PROBABILITY OF THE LIKELIHOOD OF WELL BEING PRESENT.
SO YOU STILL HAVE TO GO THROUGH OKAY, I HAD JUST A COUPLE MORE QUESTIONS.
I, I STILL, I STILL THINK THERE'S A, A LOT OF AMBIGUITY AS FAR AS THE WHAT THE UDO ADMINISTRATOR.
I WOULD JUST SUGGEST SOME MORE SPECIFIC LANGUAGE ON WHAT THE UDO ADMINISTRATOR IS, IS ALLOWED TO DO.
I'LL SAY THAT WE DIDN'T WANNA MAKE REFERENCE TO SPECIFICALLY THE WAIVER POLICY DOCUMENT ONLY BECAUSE EVERY TIME WE EXCHANGE A TAKE IT BACK IN FRONT OF COUNSEL.
UM, AND THEN SO A QUESTION ON THE FIVE YEAR RESTRICTION, YOU KNOW, ON THESE ISOLATED POCKET WETLANDS, I MEAN THEY CHANGE, BUT I CAN, I CAN TELL YOU PLACES THAT THE HYDROLOGY WILL LITERALLY CHANGE OVERNIGHT.
UM, I, I KNOW OF ISOLATED WETLANDS RIGHT NOW THAT IF YOU WENT OUT AFTER NOT HAVING SIX WEEKS OF RAIN, YOU SENT A WETLAND SCIENTISTS OUT THERE, THEY'RE GONNA TELL YOU IT'S NOT A WETLAND.
THAT'S ONLY ONE FACTOR THEY LOOK AT.
BUT, WELL, YOU JUST SAID BASICALLY ANYBODY CAN DO A WETLAND DELINEATION.
SO WELL ANYONE CAN IN THE STATE OR IN THE NATION.
[00:40:01]
A FIVE YEAR RESTRICTION MM-HMMCOULD YOU, COULD YOU WITHIN THAT FIVE YEARS COME BACK AND HAVE SOMEONE DO A, A DELINEATION AND THEY SAY, HEY, THIS IS, THIS IS NO LONGER A WETLAND.
IS THAT AN OPPORTUNITY FOR A WAIVER OR AN EXCEPTION OR, UM, NO, NOT AT THIS TIME.
UM, THE INTENTION IS TO PROTECT THOSE WETLANDS THAT ARE SHOWN IN THE RECORDED SURVEY, NOT TO COME BACK LATER AND SAY, ACTUALLY THEY'VE GOTTEN SMALLER.
UM, AT LEAST FOR THAT FIVE YEAR TERM.
NOW, JUST TO CLARIFY, WHEN WETLANDS ARE IDENTIFIED, THERE ARE SEVERAL INDICATORS OF WETLANDS THAT ARE ACTUALLY SOIL AND NO MATTER HOW DRY IT IS, EVEN IN TIMES OF DROUGHT AND WHEN A WETLAND IS BONE DRY, THERE ARE STILL INDICATORS WITHIN THE SOIL THAT CAN DETERMINE IF IT IS IN FACT STILL A WETLAND.
UM, AND THE THE LAST THING IS, AS, AS WITH THE U ADMINISTRATOR AND, AND MAYBE SOME MORE SPECIFIC LANGUAGE, I THINK YOU NEED TO DO THE SAME THING FOR THE WHO'S QUALIFIED TO DO WHAT WITH DELINEATION.
ARE YOU GUYS THINKING LIKE ADDING IN MORE SPECIFIC TITLES? WE DON'T WANNA MAKE IT LIKE JUST, I MEAN A TITLE OR A BACKGROUND.
I MEAN CERTIFICATION QUALIFICATION.
SO THERE, THERE IS A, THERE IS A WETLAND CERTIFICATION, BUT THE CORE DOESN'T EVEN ACKNOWLEDGE IT, NOR DOES THE STATE, NOR NOR DOES ANY STATE REALLY, I WISH THEY DID THAT WOULD ACTUALLY MAKE THINGS SO MUCH EASIER.
UM, BUT I MEAN THAT, THAT IS AN APPROACH.
WELL JUST 'CAUSE THEY DON'T, IF IT MAKES SENSE.
WELL, THAT AS APPROACH COULD TAKE JUST THEN HOW ACCESSIBLE IS THAT TEAM GET? I DON'T EVEN KNOW THAT PROCESS.
I MEAN, I JUST KNOW IF, IF I, IF I'VE GOTTA GET A, LET'S SAY IT'S DIFFERENT, BUT YOU KNOW, IF I HAVE TO GET A CRITICAL LINE DELINEATED MM-HMM
I HAVE TO HAVE A WETLAND SCIENTIST COME OUT AND FLAG THE CRITICAL LINE AND THEN I HAVE TO GET, HE HAS COME OUT TO CERTIFY THAT MM-HMM
SO MAYBE IT'S, YOU KNOW, A PROCESS SIMILAR TO THAT.
UM, IF, IF IT'S GONNA BE, IF WE'RE GONNA IMPOSE THIS, I JUST THINK IT NEEDS TO BE AS SPECIFIC AND AS QUALIFIED, BUT AS QUALIFIED AS POSSIBLE.
JUST A COUPLE THINGS AND NEXT TIME I'M GONNA GO BEFORE YOU, UM,
UM, BUT AGAIN, I QUESTION ON THE WAIVERS BECAUSE YEAH.
I HAVE A CONCERN THAT THERE'S BROAD DISCRETION OVER THE STANDARDS AND IT'S ALL IN UDO'S, UM, YOU KNOW, ADMINISTRATIVE DISCRETION.
YOU SAID THREE WAIVERS HAVE BEEN APPROVED? YES.
HOW MANY WERE SUBMITTED? THAT'S IT.
IT'S SORT OF LIKE IF THE WAIVERS ARE THAT EASY TO GET, IS IT REALLY HELPING US PRESERVE THE WETLANDS? SO WITHOUT GETTING INTO DETAIL ABOUT THOSE SPECIFIC PROJECTS, UM, THEY WERE, ONE WAS ABLE ACTUALLY TWO TECHNICALLY WERE ABLE TO SHOW OVERRIDING PUBLIC INTEREST AND THEY HAD DONE EVERYTHING THEY CAN IN TERMS OF REDESIGN TWO, RECONFIGURE IT.
SO THEY WERE HAVING AS MINIMAL IMPACTS TO THE WETLAND BUFFERS AS THEY COULD.
UM, THEY HAD INCREASED BUFFER WIDTHS ON THE REMAINING BUFFERS ON THE SITES.
UM, THEY HAD MADE IT SO NO DRAINAGE FROM THE SITE AND ALL, UM, LIKE EVEN SHEET FLOW WOULD GO TOWARDS THOSE WETLANDS.
UM, YOU KNOW, AND HAVE LIKE POLLUTANTS FROM THE SITE THEN DISCHARGE INTO THOSE WETLANDS.
UM, THE OTHER ONE IS A SAVING ME, BUT THEY, IT, IT IS NOT AS CUT AND DRY.
IT JUST SO HAPPENS IT ALL THREE OF THOSE WORK.
THE EXAMPLE THAT JP GAVE WHERE IT WAS LIKE, YES, OBVIOUSLY WE'RE GONNA ALLOW YOU TO HAVE ACCESS TO YOUR PROPERTY.
WOULD YOU AGREE THAT IF WE HAVE A HUNDRED PERCENT WAIVER APPROVAL ALL THE TIME THERE'S SOMETHING WRONG? YES.
THOSE THREE WERE SUBMITTED IMMEDIATELY UPON ADOPTION OF OUR ORDINANCE AND WE'RE ALL, WE FELT JUSTI BIBLE AS STAFF.
WELL LET ME ASK A FOLLOW UP TO THAT.
UM, BASED ON YOUR OPINION, WERE THEY CHANGED FOR THE BETTER BECAUSE OF THE ORDINANCE WE PUT IN? YES.
SO EVEN THOUGH THE WAIVERS WERE PASSED, THEY WERE A TOOL TO GET IT BETTER FOR
I STILL STAND TO MY POINT IF WE OH NO, IT'S VERY GOOD.
100% WAIVERS THAT YEAH, I UNDERSTAND.
WE'RE NOT, THEN WE NEED TO CHALLENGE THE UDO ADMINISTRATOR'S DISCRETION.
SO, SO THAT'S ONE POINT YOU DO THAT, HUH? NO, I KNOW THERE'S A PRETTY SMALL SAMPLE SIZE.
WE ALSO WILL SAY, I'LL SAY TOO THAT, UM, OBVIOUSLY
[00:45:01]
YES IT IS THE UDO ADMINISTRATOR'S FINAL AUTHORITY, BUT WE HAVE A GROUP OF SEVEN OF US BASICALLY THAT REVIEWED THEM.AND YOU ALSO SAID A NUMBER OF TIMES PS ARE EXCLUDED FROM ALL OF THIS.
SO WE'RE JUST TALKING BLUFFED AND PROPER YES.
JUST TO BE CLEAR, UM, THE ONE THING, PATHWAYS AND SO FORTH ARE MULTI-USE PATHWAYS, BOARDWALKS, WATER DEPENDENT DEVELOPMENTS.
WHY? AND THAT'S, UH, IN SECTION FIVE TEN SEVEN C.
WHY WOULD WE WANT TO SOFTEN OUR PROTECTION OF THE BUFFERS BY ALLOWING THOSE THINGS? UM, WE WANT PEOPLE TO ALSO BE ABLE TO ENJOY, UH, THESE WETLANDS AND ACCESS THEM.
AND WITHOUT PROVIDING BOARDWALKS AND MULTI-USE PATHWAYS, THEY CANNOT.
AND WHEN YOU DO THESE BOARDWALKS PATHWAYS AND SO FORTH, ARE YOU DOING 'EM IN A WAY TO PROTECT THE WETLANDS? YES.
LIKE THEY CAN'T BE PAVED PIECES OF IMPERVIOUS CAN THEY? YEP.
AND THEY'RE, DO THEY HAVE RULES LIKE THAT? IT IT SHOULD BE DESCRIP IN THAT SECTION OF THE VIDEO.
UH, AND I'M, I'M KIND OF WHERE HE WAS, THE DELINEATION NEEDS TO HAVE SOME SORT OF PROCESS IS WHAT I'D BE LOOKING FOR.
THAT THAT HAS THE, THE, THE RIGHT PEOPLE INVOLVED IN THAT.
IT, IT FEELS LIKE IT COULD BE, COULD A DEVELOPER DO THE DELINEATION FOR YOU? WELL, AND THAT'S WHAT EVEN THE CORE HAS IS THEIR STIPULATIONS.
THAT'S WHAT THEY SAY FOR WHAT ONE DELINEATION.
SO A DEVELOPER CAN DO IT AS LONG AS WHOEVER'S PROVIDING ONE IS UTILIZING THE PO'S MANUAL.
THAT'S WHY WE'RE LOOKING TO, SORRY, TAKE IT A STEP FURTHER AND ADD IN SPECIFIC, UM OKAY.
PROFESSIONAL, BUT KIND OF WHERE YOU ARE.
UM, ACTUALLY TO, TO ONE POINT ABOUT THE, UM, UH, PATHWAYS, THE BOARDWALK AND SO ON.
I THINK WE NEED TO HAVE LANGUAGE IN THERE IF IT'S NOT ALREADY.
UM, BUT TO EVERY EXTENT PRACTICAL, IT NEEDS TO BE OUS, IT NEEDS TO BE, YOU KNOW, AND I UNDERSTAND SOMETIMES THE PATHWAY HAS TO BE PAID FOR A DA.
BUT I THINK IF WE ADD THAT LANGUAGE IN THERE, THAT'LL HELP.
BUT MAYBE, MAYBE IT'S ON PEERS AND IT'S NOT JUST A FOUNDATION INTO THE WETLANDS.
ANYTHING ELSE? I WOULD JUST ASK FOR EVERYBODY TO CONSIDER.
UM, EVEN ALL THE OTHER UDO TEXT AMENDMENTS THAT WE'VE LOOKED AT AND THINGS THAT WE'VE THOUGHT ABOUT CARDBOARDS ALL THE, YOU KNOW, LOTS OF DIFFERENT THINGS.
WE'VE ALWAYS SAID, WE CAN'T THINK OF EVERY SINGLE SITUATION AND SO WE'RE GONNA APPROVE THE LANGUAGE ANYWAYS.
AND THE WAIVER IS ESSENTIALLY A VARIANCE AND THERE IS A PROCESS FOR VARIANCES FOR LITERALLY EVERYTHING.
AND PEOPLE CAN GO THROUGH THAT PROCESS AND GET VARIANCES ON ANY FACET OF THE UDO BASED ON THEIR SPECIFIC LOT.
UM, SO IT'S, I JUST THROWING THAT OUT THERE.
THIS IS A NORMAL PROCESS THAT HAPPENS ON ALL THE DIFFERENT THINGS AND WE CAN'T THINK OF EVERY SINGLE PERSON'S INDIVIDUAL LAW ON COMING UP WITH AN ORDINANCE.
UH, SEEING IS THERE IS NO OLD BUSINESS.
[VIII.1. Livewell Terrace (Street Naming): A request by Allyson Amstutz of Woda Cooper Companies Inc., on behalf of Livewell Terrace LP for approval of a Street Naming application. The project consists of the construction of a 120-unit apartment complex, future medical office building and associated infrastructure. The property is zoned Buckwalter PUD and consists of approximately 10.0 acres identified by tax map number R610 030 000 0712 0000 located east of Buckwalter Parkway within the Buckwalter Commons Planning Tract and Buckwalter Commons Phase 1 Initial Master Plan. (STR-04-26-020211) (Staff - Dan Frazier)]
BUSINESS.UH, NUMBER ONE, LIVE LIVEWELL TERRACE STREET NAMING A REQUEST BY ALLISON M STUTZ OF WATER COPPER COMPANIES, INC ON BEHALF OF LIVEWELL TERRACE LP FOR APPROVAL OF A STREET NAMING APPLICATION.
PRO PROJECT CONSISTS OF THE CONSTRUCTION OF 120 UNIT APARTMENT COMPLEX, FUTURE MEDICAL OFFICE BUILDING AND ASSOCIATED INFRASTRUCTURE PROPERTY IS ZONED BUCKWALTER, BUD AND CONSISTS OF APPROXIMATELY 10.0 ACRES IDENTIFIED BY THE TAX MAP NUMBER IN THE AGENDA AND LOCATED EAST OF BUCKWALTER PARKWAY WITHIN THE BUCKWALTER COMMONS PLANNING TRACK AND BUCKWALTER COMMONS PHASE ONE INITIAL MASTER PLAN.
THIS IS, UH, A STREET, NEW STREET NAME APPLICATION FOR LIVEWELL TERRACE.
IT'S A REQUEST BY ALLISON AMSTUTZ OF WATER COOPER COMPANIES INCORPORATED ON BEHALF OF LIVEWELL TERRACE LP FOR APPROVAL OF THE STREET NAME AND APPLICATION.
THE APPLICATION PROVIDES THE FOLLOWING POTENTIAL NAMES FOR THREE INTERNAL ROADS.
UH, LET'S SEE IF I HAVE IT HERE.
OKAY, I'LL RETURN TO THIS FOR A SECOND.
THE, THE FOUR NICHE, THE, THERE WERE FOUR STREET NAMES INITIALLY, UH, PROPOSED.
THAT WAS LIVEWELL WELLNESS WELLSPRING AND MEMORIAL AS, AS A ROOT STREET NAME WITH, WITH THE SUFFIXES AS SHOWN ON THE SCREEN.
UH, WE HAD
THEY ADDED THE THREE ADDITIONAL STREET NAMES YOU SEE THERE, WHICH IS SENTINEL, GLEASON AND
[00:50:01]
VISION WITH THE SUFFIXES OF DRIVE.ROADWAY, UH, PROJECT CONSISTS OF THE CONSTRUCTION OF 120 UNIT APARTMENT COMPLEX THAT YOU GUYS HAVE HAD COME BEFORE YOU AND, AND ALSO INCLUDES THE FUTURE MEDICAL OFFICE BUILDING AND ASSOCIATED INFRASTRUCTURE.
ON AUGUST 27TH, 2025, YOU APPROVED THE PRELIMINARY DEVELOPMENT PLAN FOR LIVEWELL TERRACE AND JUST RECENTLY THE LIVEWELL TERRACE DEVELOPMENT PLAN WAS FULLY APPROVED AND THAT WAS ON APRIL 17TH, 2026.
STAFF COMMENTS FOR THE APPLICATION WERE HEARD AT THE APRIL 22, TODAY, 2026 DEVELOPMENT REVIEW COMMITTEE MEETING AS A RESPONSE TO COMMENTS.
THE THREE ADDITIONAL STREET NAMES SAID I JUST LISTED WERE PROPOSED AND APPROVED AT DRC.
UH, THIS WAS THE EXHIBIT THAT WAS PROVIDED WITH, WITH THE SUBMITTAL.
UM, THE BUILDING, THE ACTUAL, THIS IS THE LEASING OFFICE COMING IN OFF OF THE MAIN ENTRANCE.
THAT'S A FUTURE MEDICAL BUILDING THAT'S BEING RESERVED.
UH, AND THESE ARE BUILDINGS 1, 2, 3, 4, AND FIVE.
MY UNDERSTANDING, TALKING WITH, UH, RYAN COLEMAN, OUR GIS MANAGER, IS, IS THAT THERE, THERE'S ACTUAL APARTMENT ADDRESSING PROTOCOL THAT, THAT WILL, WILL BE APPLIED AT THE TIME OF ASSOCIATED THE ADDRESSES TO THE STREET NAMES.
IT IS GRANTED BY THE POWERS AND DUTY SET FORTH IN SECTION 2 2 6 C FIVE OF THE UDO.
THE PLANNING COMMISSION HAS THE AUTHORITY TO TAKE THE FOLLOWING ACTIONS.
YOU CAN APPROVE IT AS SUBMITTED.
YOU CAN APPROVE THE STREET NAMES AS SUBMITTED, APPROVE THE APPLICATION WITH CONDITIONS OR DENY THE APPLICATION AS SUBMITTED BY THE APPLICANT.
THESE WERE THE REVIEW CRITERIA THAT, THAT, UH, THEY, THAT, UM, ARE USED TO APPLY TO THE PROPOSED STREET NAMES.
THESE ARE, THIS IS A LIST OF THE STREET NAMES.
STAFF RECOMMENDS THAT THE REQUIRED THAT THE REQUIREMENTS OF SECTION 3 15 3 HAVE BEEN MET AND RECOMMENDS THAT THE PLANNING COMMISSION APPROVE THE FOLLOWING SEVEN STREET NAMES LIVE, WELL, WELLNESS, WELLSPRING, MEMORIAL, SENTINEL, LEASON AND VISION.
I'M NOT INCLUDE THOSE ARE THE, THE, THE BASE NAMES.
I'M NOT INCLUDING THE SES WITH THEM 'CAUSE THEY CAN CHANGE.
UH, SO I HAVE A SUGGESTED MOTION.
I'LL OPEN IT UP FOR QUESTIONS.
AND WE DO HAVE THE APPLICANT HERE IF YOU HAVE ANY QUESTIONS FOR THE APPLICANT.
UM, JUST REAL QUICK, A POINT OF ORDER ON MR. FRAZIER, IF YOU WOULD, IF THIS HAPPENS AGAIN IN THE FUTURE, PLEASE SIGN AN EMAIL TO ALL PLANNING COMMISSIONERS WITH THE NEW STREET NAMES BECAUSE I KNOW WE HAVE AT LEAST ONE THAT WILL GOOGLE THE HECK OUT OF 'EM JUST TO MAKE SURE THERE'S NOTHING SIMILAR.
IT'S ALREADY, IT'S ALREADY THERE.
I'M SURE IT WAS, BUT IT, IF, IF IT, AND I KNOW IT'S VERY RARE THAT IT WOULD HAPPEN THE WAY IT DID TODAY.
BUT IF IT DOES, PLEASE SHOOT OUT THE PLANNING COMMISSION RIGHT AWAY AND THAT WAY WE CAN DO A LITTLE BIT OF RESEARCH TOO AND FEEL COMFORTABLE IN IT.
UM, COMMISSIONERS, ANY THOUGHTS, QUESTIONS, COMMENTS? I, GOOD JOB IN MAKING SURE IT'S NOT EVEN CLOSE TO ANYTHING.
WE'VE GOT, ESPECIALLY LIVEWELL WELLNESS, WELLSPRING MEMORIAL.
UH, THOSE ARE ALL BRAND NEW TO, TO OUR AREA.
I WAS SURPRISED MEMORIAL WAS, BUT YEAH, IT WAS.
THAT'S 'CAUSE SAVANNAH HAS THEM 'EM ON IT.
UM, AND REMIND, REMIND US, UM, THE ROAD NAMES THAT DON'T GET USED.
DO THEY DROP BACK INTO A BUCKET AFTER A CERTAIN AMOUNT OF TIME OR DO THEY JUST GO AWAY? NO, I DON'T THINK THEY DROP BACK INTO A BUCKET.
I, I, I KNOW LIKE THERE THEY CAN BE HELD AND RESERVED BY, BY THE APPLICANT.
IT, IT'S KIND OF LIKE YOU'RE GRANTING THOSE STREET NAMES TO BE USED BY THEM.
UH, I KNOW THERE'S A, THERE'S A COUPLE OF, OF DEVELOPERS APPLICANTS OUT THERE THAT HAVE A POOL OF STREET NAMES THAT THEY COULD DRAW FROM WITHOUT COMING BACK TO YOU BECAUSE THEY'VE ALREADY BEEN APPROVED THE STREET NAMES.
AND I MEAN, THAT'S A GOOD QUESTION.
IF, IF ONLY FOUR ARE GONNA BE USED, ONLY THREE ARE GONNA BE USED HERE.
SO FOUR ARE GONNA BE, UH, I I I THINK THEY COULD BE USED BY, BY ANOTHER, UH, BY ANOTHER DEVELOPMENT, YOU KNOW, BECAUSE THEY'RE NOT GONNA EVER BE USED HERE.
UH, SO SO YOU SAY WHERE I'M GOING WITH IT IS, IS DO WE KNOCK A NAME OFF FOREVER OR DO WE HAVE A PROCESS WHERE WE CAN RECLAIM THE NAME? ULTIMATELY IF BEAVER COUNTY GETS VETED BY EMS AND EVERYBODY ELSE, SO, SO IT DOESN'T EXIST.
HOW CAN IT KNOCK OFF IF IT DOESN'T EXIST IN SOME DATABASE OF NAMES? NO, WHAT I'M SAYING IS, DOES IT GET BACK INTO THE BUCKET SO IT CAN BE USED BY SOMEBODY ELSE? RIGHT.
WHAT IS THAT PROCESS? IT IT DOES UNTIL IT'S BEEN RECORDED ON A, YEAH, ON A PLAT.
SO THAT, YOU KNOW, BEAUFORT COUNTY, UM, YOU KNOW, IT GOES OUT TO BEAUFORT COUNTY, UH, FIRE EMS, BEAUFORT COUNTY GOES TO HILTON HEAD.
[00:55:01]
IT'S, THEY'RE LOOKING FOR DUPLICITY OR SIMILARITY IN ALL, ALL THOSE AREAS.SO UNTIL IT GETS, UNTIL IT'S IN USE IT, IT IS NOT DUPLICITY THAT'S SIMILAR.
THAT'S, THAT'S WHAT I WOULD EXPECT IT TO.
WE HAVE A MOTION I MOVE TO APPROVE THE FOLLOWING STREET NAMES FOR THE LIVEWELL TERRACE AS DEPICTED MOTION.
ANY DISCUSSION? ALL IN FAVOR? AYE.
[VIII.2. New Riverside - Parcel 8A (Initial Master Plan): A request by Rob Marek of Pulte and John Paul Moore of Thomas & Hutton on behalf of property owner Pioneer Land & Timber, LLC for review of an Initial Master Plan application. The project consists of 104 single family detached dwelling units with associated amenities, open space, roads, utility and stormwater infrastructure. The property is zoned New Riverside PUD and consists of approximately 100.69 acres identified by tax map number R610 044 000 0126 0000 located at the southwest corner of the intersection of New Riverside Road and Myrtle Ford Road. (MP-01-26-020100) (Staff - Dan Frazier)]
UH, NEW BUSINESS, NEW RIVERSIDE PARCEL EIGHT.A INITIAL MASTER PLAN, A REQUEST BY, OH, I, I HAVE TO RECUSE FOR THIS.
UM, WE HAVE TO TOGETHER PAPERWORK.
UM, NEW RIVERSIDE PARCEL EIGHT.
A INITIAL MASTER PLAN, A REQUEST BY ROB AMERICA PULTE AND JOHN PAUL MOORE OF THOMAS AND HUTTON ON BEHALF OF PROPERTY OWNER PIONEER LAND TIMBER LLC FOR REVIEW OF AN INITIAL MASTER PLAN APPLICATION.
THE PROJECT CONSISTS OF 104 SINGLE FAMILY DETACHED DWELLING UNITS WITH ASSOCIATED AMENITIES, OPEN SPACE, ROADS, UTILITY, AND STORM WATER INFRASTRUCTURE.
THE PROPERTY IS ZONED NEW RIVERSIDE, PUD, AND CONSISTS OF APPROXIMATELY 100 POINT 69 ACRES IDENTIFIED BY THE TAX MAP NUMBER AND THE AGENDA LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF NEW RIVERSIDE ROAD AND MYRTLE FORD ROAD.
THIS IS AN INITIAL MASTER PLAN APPLICATION FOR NEW RIVERSIDE PARCEL AID.
A THE APPLICANT ROB MERRICK OF PULTE HOME COMPANY LLC, AND JOHN PAUL MOORE OF THOMAS AND HUNT ON BEHALF OF PROPERTY OWNER OF PIONEER LAND AND TIMBER, LL CS REQUESTING APPROVAL FOR INITIAL MASTER PLAN FOR NEW RIVERSIDE PARCEL EIGHT A.
IT'S A 100.69 ACRE PROPERTIES ON NEW RIVERSIDE, PUD AND WILL CONSIST OF 104 TOTAL SINGLE FAMILY DETACHED DWELLING UNITS.
THE APPLICANT'S ALSO PROPOSING SEVERAL AMENITIES, INCLUDING LAGOONS, RECREATIONAL AREAS, A PARK, AND A NETWORK OF SIDEWALKS.
THIS IS A VICINITY MAP SUBMITTED BY THE APPLICANT.
IT, IT DOES A GOOD JOB OF, UH, I, UH, OF LOCATING THE PROPERTY OUT FROM, FROM A LARGER PERSPECTIVE.
THIS IS, THIS IS, UH, SC 46 MAY RIVER ROAD.
THIS IS, THIS IS OUR ROUNDABOUT AND NEW RIVERSIDE ROAD COMING IN.
SO YOU, YOU COME, OOPS, YOU DON'T DO THAT.
YOU, UH, AS YOU COME DOWN THROUGH HERE, YOU, YOU GET TO THE, THE MAY RIVER, UH, SCHOOL COMPLEX, BUT CONTINUING PAST THE SCHOOL COMPLEX ON YOUR, ON YOUR LEFT WOULD BE LAKES AT NEW RIVERSIDE AT THAT ENTRANCE.
OPPOSITE OF THAT IS THE PROPOSED ENTRANCE TO THE, THE NEW RIVERSIDE PARCEL EIGHT A PROPERTY.
THIS IS FROM OUR LEFT AND EXPLORER.
HERE'S AN AERIAL CLOSE UP THAT, HERE'S THE SCHOOL.
HERE IS THE ENTRANCE TO LAKESIDE, NEW RIVERSIDE.
AND OPPOSITE OF THAT IS WHERE THE PROPOSED ENTRANCE ENTRANCE IS TO THE PROPOSED INITIAL MASTER PLAN LOCATED HERE.
THE NEW RIVERSIDE, PUD HAS A LAND USE MASTER PLAN ASSOCIATED WITH IT.
IT CALLS OUT THIS PROPERTY AS PARCEL EIGHT A AND IT CALLS FOR IT TO BE, IT IS ZONED FOR RESIDENTIAL USE.
SO THE USE BEING PROPOSED IS CONSISTENT WITH THE NEW RIVERSIDE, PUD LAND USE MASTER PLAN ARCHITECTURAL GUIDELINES AND RESTRICTIVE COVENANTS WILL BE DEVELOPED BY A PULTE HOME LLC WILL.
AND THEN WE WILL SET THE STANDARDS FOR DESIGNING CONSTRUCTION MATERIALS AND WILL MEET OR EXCEED THE STANDARDS APPROVED WITHIN THE PUD UH, SINGLE FAMILY.
LOTS OF VARYING SIZE, APPROXIMATELY 45 TO 90 FEET WIDE, AND APPROXIMATELY 110 TO 140 FEET DEEP.
THE REQUIRED SETBACKS AND BUFFERS ALONG THE PLANNING AREA BOUNDARY INCLUDE A 50 FOOT BUFFER ALONG THE SOUTHERN PROPERTY LINE AND A 150 FOOT VEGETATIVE BUFFER ALONG THE NORTHERN AND EASTERN PROPERTY LINES.
I'LL SHOW YOU THE LOCATION OF THOSE ON THE NEXT SLIDE.
UH, ROADS OF RIGHT OF WAYS WITHIN PARCEL EIGHT A MAY BE PRIVATELY OWNED AND MAINTAINED BY A POA OR OTHER RESPONSIBLE ENTITY WITH A MINIMUM RIGHT OF WAY WIDTH OF 60 FEET.
HERE'S THE INITIAL MASTER PLAN PLAN, WHICH IS AN EXHIBIT WITH, WITH THE APPLICATION.
UH, HERE'S A KIND OF A ZOOMED UP VERSION OF IT.
UH, COMING IN OFF OF TWO ENTRANCES ACCESSING THE RIVERSIDE ROAD.
THIS IS THE PRIMARY ENTRANCE OFF OF LAKE CITY RIVERSIDE.
[01:00:01]
THIS IS THE SECONDARY ENTRANCE.UM, WE REQUIRE TWO FUNCTIONING ACCESS POINTS BECAUSE, UH, THIS, THIS SUBDIVISION IS IN EXCESS OF 10 RESIDENTIAL LOTS.
UH, WE HAVE A 150 FOOT BUFFER RUNNING ALONG THE RIGHT OF WAY OF NEW RIVERSIDE ROAD AND ALONG THE SOUTH LINE ADJACENT TO MYRTLE FORD ROAD.
AND THEN WE HAVE A 50 FOOT BUFFER RUNNING ACROSS THE BACK.
WE HAVE A COUPLE POCKETS AS YOU ENTER IN, IN COMMON OAK.
UH, THERE'S, UH, COMMON AREAS ON BOTH SIDES AS AS YOU ENTER IN, AND A SMALL ENTRY PARK OPPOSITE OF THE ENTRANCE.
SO AS YOU ENTER IN, YOU, YOU DON'T, YOU YOU, YOU'RE NOT ADJACENT TO ANY HOMES.
WHAT'S IN IT? MAKE A LEFT OR A RIGHT LOOP IT AROUND THE PROPERTY.
THERE'S WETLANDS THERE, THERE'S, THERE IS, UH, A PARK ASSOCIATED ADJACENT TO THE LAGOON.
THERE'S, UH, EXHIBITS THAT WERE, THAT WERE, UH, PROVIDED FOR CONCEPTUAL PLAN AT THE MASTER PLAN PARK.
THAT THAT WAS, UH, I JUST POINTED OUT IN THIS LOCATION.
THERE'S ALSO SUBMITTED A TREE SAVE MASTER PLAN THAT IDENTIFIES THE OVERALL 10 OF THE TREE SAVES, INCLUDING OPEN SPACE AROUND EXISTING TREES.
UH, WE'LL LOOK CLOSER AT THE ACTUAL TREE SAVES AND TREE MITIGATION REQUIREMENTS.
WHEN THIS IS FOLLOWED UP WITH INDIVIDUAL DEVELOPMENT PLAN APPLICATIONS.
THERE'S ALSO STREET TREES BEING PROPOSED TO THE, TO BE PLANTED ON EACH LOT.
THIS IS VERY SIMILAR TO WHAT WAS PROPOSED WITH MIDPOINT DEVELOPMENT.
HOWEVER, WHAT WE'RE FINDING WITH MIDPOINT DEVELOPMENT AND OTHER DEVELOPMENTS IS THE, IS THAT NEW PROPERTY OWNERS, UH, FIND THEY, THEY EITHER FIND CONFLICTS WITH, WITH THE TREES IN THE FRONT YARD DUE TO THE UTILITIES AND THE SIDEWALK DAMAGE, OR THEY WANT GRASS GROWING IN THEIR FRONT YARD.
THEY, THEY, THEY, WHAT THEY HAVE BEEN DOING, EVEN BRAND NEW PROPERTY OWNERS WITHIN MIDPOINT IS THEY'VE BEEN COMING UP TO US ASKING FOR A TREE REMOVAL PERMIT.
AND OUR, AND OUR RESPONSE IS WE HAVE AN APPROVED DEVELOPMENT PLAN BY THE DEVELOPER THAT THAT HAS, THAT HAS PART OF, PART OF THE APPROVED DEVELOPMENT IS ONE TREE BEING PLANTED IN EACH YARD.
THESE ARE SHADE TREES, UM, OVER STORY SHADE TREES.
SO WHAT WE'RE HOPING TO DO IS KIND OF HEAD OFF THAT IN A WAY WITH THIS DEVELOPMENT.
AND SO STAFF WILL BE REQUESTING ADDITIONAL DETAILS ON HOW LONG-TERM TREE PRESERVATION AND STREETS SCAPE LONGEVITY WILL BE INSURED.
SO WE'RE ASKING THE APPLICANT TO GIVE US SOME DETAILS ON HOW WE CAN AVOID THIS CONFLICT WHERE THE HOUSE IS SOLD, IT'S, IT'S NOW OWNED BY A PROPERTY OWNER, AND THE FIRST THING THEY WANT TO DO IS REMOVE A TREE ON THE FRONT YARD THAT IS PART OF THE APPROVED STREETSCAPE FOR THE PROJECT.
WE'VE BEEN DEALING WITH THAT FOR 30 YEARS.
I CAN THINK OF SPECIFIC EXAMPLES IN PINECREST WHERE THEY JUST WENT AND REMOVED THEIR TREES AND WAY TO COME AFTER 'EM.
SO I, I, I HOPE HE CAN DO IT AND, AND, AND I'M NOT SURE DEFINITELY IT'S GONNA, THERE NEEDS TO BE SOME COMMUNICATION BETWEEN, BETWEEN THE, UH, DEVELOPER HOME BUILDER AND THE NEW PROPERTY OWNERS ON, ON WHY THEY GOT A TREE IN THEIR FRONT YARD.
WE GO INTO OTHER DEVELOPMENTS AND FOUR SEASONS AND ELSEWHERE AND, AND, AND, UH, PEOPLE HAVE TAKEN UPON THEMSELVES TO REMOVE THE TREES.
YOU KNOW, SO THE FOLKS THAT COME IN AND TRY TO DO THE RIGHT THING AND GET A PERMIT TO DO IT, OR ALMOST PENALIZED IN A WAY.
UH, HAVING SAID THAT, WELL THIS IS A TREE SAFE MASTER PLAN.
THIS IS SHOWING THE SIGNIFICANT TREES ON THE PROPERTY.
A TREE SURVEY WAS NOT PROVIDED WITH, WITH THE SUBMITTAL, NOR WAS IT REQUIRED FOR INITIAL MASTER PLAN SUBMITTAL.
BUT AT, ON A DEVELOPMENT PLAN, THEY'LL HAVE TO IDENTIFY ALL SIGNIFICANT TREES.
THE APPLICANT IS MAKING AN EFFORT TO, TO PROVIDE POCKET PARTS IN CERTAIN LOCATIONS WHERE THERE ARE SIGNIFICANT TREES AND A NUMBER OF TREES ARE BEING PROPOSED BE REMOVED.
UH, THIS IS A TYPICAL CROSS SECTION.
THIS REFERS TO THE, UH, HERE'S WHERE I'M TALKING ABOUT THE STREET TREES THAT ARE BEING PROPOSED AND PLANTED IN, IN FRONT YARDS OF EACH OF THE, EACH OF THE LOTS THEY ACTUALLY GET PLANTED.
ONCE THE HOME IS BUILT, THE SIDEWALKS AND THE STREET TREES WILL GO INTO PLACE.
UH, UH, SO, SO THEY'RE, UH, THEY'RE NOT WELL ESTABLISHED.
THEY'RE TWO AND A HALF INCH CALIBER IN MOST CASES.
UH, AND, AND, UM, SO I THINK SOME OF THE NEW HOMEOWNERS EXCITED ABOUT HAVING A NEW HOME.
UH, YOU KNOW, SAY I, I'D RATHER HAVE 'EM LAWN OUT IN FRONT INSTEAD OF THE TREE.
THERE WAS A TRAFFIC IMPACT ANALYSIS ALSO INCLUDED WITH, WITH THE APPLICATION.
IT, IT IS, UH, IT'S ACTUALLY AN UPDATE.
UH, ORIGINALLY IT WAS SUBMITTED WITH A DIFFERENT ENTRY
[01:05:01]
POINTS.UH, THEY, THEY UPDATED THE TRAFFIC IMPACT ANALYSIS.
SO IT, SO IT SERVES, SERVES THE CONCEPTUAL PLAN AS IT IS, IS SHOWN AND PRESENTED.
SITE ACCESS ONE IS OPPOSITE OF IT, IS OPPOSITE OF MAINLAND LAKES DRIVE.
THAT'S THE LAKES AT NEW RIVERSIDE ENTRANCE.
UH, THAT WILL BE A FULL MOVEMENT ACCESS UNDER MINOR, MINOR STREET STOP CONTROL WITH ONE INGRESS AND ONE EGRESS.
UH, IT'LL, IT'LL ALSO BE SOME RES STRIPING TO ALLOW FOR A WESTBOUND APPROACH WITH AN EXCLUSIVE WESTBOUND LEFT TURN LANE WITHIN 200 FEET OF FULL WIDTH STORAGE.
UH, SITE ACCESS NUMBER TWO IS, IS, UH, FURTHER DOWN APPROXIMATELY 500 FEET WEST OF MYRTLE FORD ROAD.
AND THAT WILL BE CONSTRUCTED AS A WRITE IN, WRITE OUT ACCESS POINT.
TOWN STAFF WILL REQUIRE THE RECOMMENDED TRANSPORTATION IMPROVEMENTS FEE INCLUDED AT AT TIME OF DEVELOPMENT PLAN SUBMITTAL.
UH, SO WE ARE TALKING ABOUT THIS BEING A FULL MOVEMENT ENTRANCE.
AND THE SECONDARY ONE DOWN HERE WOULD BE TO WRITE IN, WRITE OUT ONLY.
THESE ARE THE REVIEW CRITERIA THAT YOU'RE FAMILIAR WITH.
THE STAFF REPORT PROVIDES RESPONSES TO THE CRITERIA, UH, WHERE WE ARE IN THE PROCESS.
WE HAD A PRE-APPLICATION MEETING BACK IN DECEMBER OF 2025.
UH, UH, IT WAS REVIEWED BY DRC ON FEBRUARY 18TH, 2026.
AND THEN AS A RESUBMITTAL WAS MADE BASED ON THE COMMENTS THEY RECEIVED.
WE ARE HERE TONIGHT AT THE APRIL 22ND, 2026 PLANNING COMMISSION MEETING FOR RECOMMENDATION TO COUNCIL.
UH, THIS WILL GO TO COUNCIL AT A DATE TO BE DETERMINED TOWN COUNCIL CONSIDERATION FOR APPROVAL OF A MAJORITY VOTE OF SO.
SO THEY ARE THE APPROVING AUTHORITY FOR THE INITIAL MASTER PLAN FINDING COMMISSION ACTION.
YOU CAN RECOMMEND APPROVAL OF TOWN COUNCIL OF THE APPLICATION AS SUBMITTED.
YOU CAN RECOMMEND APPROVAL OF TOWN COUNCIL OF THE APPLICATION WITH CONDITIONS OR YOU REC, YOU CAN RECOMMEND DENIAL TO COUNCIL OF THE APPLICATION AS SUBMITTED BY THE APPLICANT.
FINDS THAT THE REQUIREMENTS OF SECTION 3 9 3 OF THE UDO CAN BE MET WITH THE FOLLOWING CONDITION AND RECOMMENDATION THAT THE PLANNING COMMISSION PROVIDE A RECOMMENDATION OF CONDITIONAL APPROVAL TO TOWN COUNCIL FOR THE NEW RIVERSIDE PARCEL.
THE ONE STAFF RECOMMENDED CONDITION WOULD BE TO PROVIDE ADDITIONAL INFORMATION DETAILING THE PROCESS THAT WILL ENSURE THE LONGEVITY OF THE PROPOSED TREE SCAPES.
I HAVE THE SUGGESTED MOTION HERE.
UM, I CAN OPEN IT UP TO ANY QUESTIONS YOU MAY HAVE AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS AS WELL.
WHY DON'T WE GO AHEAD AND HEAR FROM THE APPLICANT, THEN WE CAN ADDRESS ANY QUESTIONS OR COMMENTS.
WE HAVE HER NAME AND ADDRESS AN ADDRESS.
REMAIN IN A COMPANY IN THIS CASE.
ROB ME, UM, WITH 14 HOMES AND, UH, ADDRESS.
SO, UM, BUT, UH, I WANT TO START BY THANKING Y'ALL THIS EVENING FOR TAKING YOUR TIME TO, TO SERVE THE COMMITTEE ON THE PLANNING COMMISSION AS, UH, AND ALSO DAN, THE STAFF FOR GETTING US TO THIS POINT WITH THE GUIDANCE THAT THEY PROVIDED TO US.
UM, A AS HE STATED, I WANNA BE ABLE TO ADDRESS A FEW OF THE COMMENTS THAT WERE MADE EARLIER ON TO ADDRESS THAT.
IF YOU SEE THE TURNAROUNDS THAT ARE BUILT AT FRONT ENTRANCES THERE.
SO, UH, THE PLAN IS TO GAIN THE COMMUNITY.
SO THAT WILL BE, UM, IN PLACE.
THERE ALSO IS ON THE FAR LEFT SIDE, UM, TO WHERE I'M LOOKING AT 'EM FOR THE PROPOSED LAGOON STORM, UM, WATER BEST MANAGEMENT PRACTICES.
THERE IS GOING TO BE A PAVILION THERE WITH THE GRILLING SECTION THAT'LL BE OVERLOOKING THE, THE LAKE AT THAT, UM, STAGE.
AS FAR AS MODEL HOME GOES, UH, YOU KNOW, WE HAVE PLENTY OF PHILOSOPHY TO PUT A MODEL HOME.
WE HAVE NOT MADE A DECISION, YOU KNOW, EXACTLY WHAT THAT'S GOING TO BE.
AND AS FAR AS THE AMENITIES, UH, RELATED OVER IN MIDPOINT, UM, THAT'S THE DECISION THAT, YOU KNOW, WE HAVE NOT MADE ON, IF ANYTHING WILL BE SHARED OR NOT SHARED OR ANYTHING LIKE THIS, WE'VE GOT A WAYS TO GO BEFORE WE GET TO THAT POINT.
UM, BUT MANY OF THE, UH, THINGS THAT WE'VE WORKED THROUGH, WE'VE WORKED WITH DAN FOR THE, AS FAR AS THE TREES AND THE THINGS LIKE THAT, THAT YES, THAT'S A CONVERSATION THAT'S CONSTANTLY COMES UP AND TRYING TO FIGURE OUT THE BEST WAY THAT WE COULD MITIGATE THIS.
THERE ARE SOME DIFFERENT OPTIONS.
ONE OF THE THINGS THAT, THAT WE TALK THAT, THAT WE'RE ACTUALLY DOING AT COMMUNITY IN RICHMOND HILL IS THAT AT THE CLOSING PACKAGE, WHAT WE PROVIDE THEM AT A CLOSING PACKAGE IS A DOCUMENT THAT'S IN THERE THAT TALKS ABOUT THE STREET TREE, WHY IT'S IN PLACE, AND TALK ABOUT, YOU KNOW, HOW IT'S MAINTAIN IT, THINGS LIKE THAT.
SO THEY KNOW WE ALSO BUILD THINGS INTO THE A RB GUIDELINES AND THINGS LIKE THAT.
THEY'RE COMING THROUGH THE CODES THAT REQUIRE ANY TYPE OF TREE REMOVAL THAT IT HAS TO COME BEFORE THE, YOU KNOW, THE A RB TO REQUEST THAT.
[01:10:01]
AS THE CHAIR SAID, YOU CAN'T CONTROL WHAT SOMEONE DOES, YOU KNOW, SO THEN AT THAT STAGE WE HAVE TO DEPEND ON THE HOA MANAGEMENT TO ENFORCE THOSE RULES, REGULATIONS, PROVIDE FINES AND THINGS LIKE THAT.SO, UM, AS FAR AS, LEMME SEE THE OTHER COMMENT THAT WAS MADE.
UM, GIA, AS DAN STATED, WE WENT THROUGH THE TIA, WE HAVE IT UPDATED TO BE ABLE TO SUPPORT THAT CRIMINALLY FORM AND WANTED THE, UM, YOU KNOW, PROBLEM TRAFFIC ENGINEERS IN THE AREA THAT DO A MAJORITY OF 'EM, YOU KNOW, UH, COMPLETED THIS, UM, SCHOOL BOARD.
AS FAR AS THE SCHOOL BOARD GOES, UM, I MEAN THEY STATED ON HERE, YOU KNOW, THE, SHOULD THE SCOPE OF THIS DEVELOPMENT CHANGE SIGNIFICANTLY, YOU KNOW, AN ADDITIONAL, UM, RES WITH ADDITIONAL RESIDENTIAL UNITS ARE PROPOSED IN THE SAME AREA, DISTRICT WILL REEVALUATE.
SO AT THIS STAGE THEY KNOW WHAT'S COMING.
I WAS ON THE PHONE TODAY WITH ROBERT, YOU KNOW, TALKING ABOUT THE, THE FUTURE, UM, TRAFFIC SIGNAL THAT'S COMING INTO PLAY.
SO, UM, WE'VE ADAPTED, WE'VE DONE EVERYTHING THAT'S BEEN REQUESTED OF US.
WE, WE HOPE YOU RECOMMEND APPROVAL FOR THIS PROJECT.
IF YOU HAVE ANY ADDITIONAL QUESTIONS, DON'T HESITATE TO ASK.
I'M, I'M GLAD YOU'RE GOING TO, UH, ADDRESS THE TREE THING THAT WE'VE TALKED ABOUT.
'CAUSE I WAS LOOKING AT THE DRC COMMENTS AND, AND STRONGLY AGREE WITH NOT ONLY THE TREE PRESERVATION ONCE IT'S THERE, BUT ALSO TAKING ANOTHER LOOK AT TREES THAT WE COULD PRESERVE, UH, AS, AS YOU DO A, A SITE SURVEY.
SO IT'S STRONGLY, UH, ENDORSE THAT IS, UH, AND YOU MENTIONED THIS IS A GATED COMMUNITY, IS THAT CORRECT SIR? YOU, YOU DID ADDRESSING THE, YOUR PUBLIC COMMENT, THE PLAN IS TO BE A GATED COMMUNITY.
IT IS NOT ARE, I MEAN, IT IS NOT 55 AND OLDER, BUT IT'S NOT, WELL, IT'S NOT AGE RESTRICTED.
THAT'S, THAT'S WHAT I WAS ASKING BECAUSE IT, IT MIGHT NULLIFY ANY WORRIES ABOUT SCHOOLS IF IT WAS, YOU KNOW, IF IT WAS 55 AND OLDER.
AND, AND SAME WITH THE AMENITIES.
THE AMENITIES IS TO BE DETERMINED IS WHAT YOU'RE SAYING.
I MEAN THE, THE AMENITIES BAKED INTO THIS INITIAL MASTER PLAN WILL HAVE THE, THE, THE AREA UP FRONT AS FAR AS THE OPEN SPACE.
AND THEN IT WILL HAVE THE PAVILION PICNIC AREA ALONG WITH THE GRILLING SECTION.
AND THERE IS A SECTION IN THE INP SUBMITTAL THAT YOU HAVE A PARKING, UH, THAT SHOWS IT DESIGN.
UM, I WILL SAY, UH, TWO, TWO POINTS.
UM, FIRST AND FOREMOST, THE SCHOOL DISTRICT BACK IN, WHAT WAS IT, 2004 OR 2005 WHEN THE NEW RIVERSIDE, UM, GREATER PLAN CAME ABOUT, THE SCHOOL DISTRICT WAS GIVEN THE OPPORTUNITY AT THAT POINT IN TIME OF THERE ARE GOING TO BE X THOUSAND HOMES HERE.
CAN YOU PROVIDE SCHOOLS FOR THIS? THEY SAID YES.
SO I PUT, AND I KNOW PEOPLE MAY HATE ME FOR THIS, BUT I PUT A LOT LESS WEIGHT IN INDIVIDUAL ONES BECAUSE THEY SAID YES TO EVERYTHING BACK THEN.
UM, IT'S HARD TO HOLD SOMEBODY ACCOUNTABLE TO CHANGE SOMETHING 20 YEARS LATER THAT THEY SAID, WE'LL, WE'LL BUILD THE SCHOOLS IN TIME, WE'LL PROVIDE IT.
UM, BUT ALSO ON THE TREES THERE IS IN THE TOWN'S TREE ORDINANCE, UNLESS SOMETHING IS CHANGED, THEY HAVE TO PROVIDE AN EQUAL OR GREATER NUMBER OF CALIPER INCHES TO WHAT THEY REMOVE HARDWOOD WISE IN HERE.
AND THAT'S WHY A LOT OF THESE NEIGHBORHOODS HAVE THAT HARDWOOD TREE IN THE FRONT YARD.
AND I, I MEAN, I, I DEFER TO THE COMMISSION AND WHAT THEY DECIDE.
I DON'T KNOW THAT WE NECESSARILY NEED TO PUT THAT CONDITION IN THERE.
I THINK STAFF NEEDS TO EXPRESS THAT OPINION TO COUNSEL.
UM, I DON'T KNOW THAT IT NEEDS TO BE IN THE LANGUAGE BECAUSE I, I, THEY HAVE TO DO IT AS PART OF THE, THE TREE ORDINANCE FROM WHAT I SEE.
AND IF PEOPLE ARE GONNA BE, HOPEFULLY THE POA HAS ENOUGH BITE THAT SOMEBODY'S GONNA BE AN IDIOT AND CUT DOWN A LIVE OAK IN THE FRONT YARD THAT THEY GO AFTER.
BUT THAT'S JUST MY THOUGHT ON THAT PROCESS, SIR, NOTHING, UH, NO.
I JUST WANTED TO, JUST SO EVERYBODY KNOWS, I THINK IT WAS MENTIONED THE TRAFFIC STUDY WAS FROM 2025, BUT IT WAS SIGNED AND UPDATED IN MARCH OF 2026.
JUST WANTED TO CLARIFY THE DATE.
A COUPLE OF HOUSEKEEPING ITEMS. UM, THE DRAWING ON THIS DOES NOT LOOK LIKE IT TAKES UP THE ENTIRETY OF THE EIGHT A PARCEL.
IS THIS ALL THE DEVELOPMENT THAT'S GONNA HAPPEN ON THAT EIGHT A PARCEL? THIS IS A PORTION OF EIGHT, A PAR OF THE EIGHT A PARCEL.
YOU HAVE A LARGE WETLAND THAT SEPARATES TWO AND THE CELLAR IS RETAINING THE OTHER PORTION OF IT.
SO WE MAY SEE SOMETHING FOR EIGHT A IN ADDITION AT SOME POINT IN TIME.
I DON'T THINK YOU'LL SEE, I, I CAN'T SPEAK TO THAT SELLER.
UM, THAT'S GONNA DETERMINE THE NUMBER OF ERUS THAT HE HAS ALLOCATED.
BUT YOU KNOW, I THINK IT'S MORE OF AN ACCESS POINT TO
SO WE, JUST SO WE KNOW THERE IS ADDITIONAL IN A A, UM,
[01:15:01]
THEN THAT COMES TO THE OTHER HOUSEKEEPING.UM, I'M ASSUMING STAFF HAS VERIFIED THAT YOU HAVE THE UNITS TO BE ABLE TO DEVELOP THAT, THE RIGHT TO DEVELOP 104 UNITS? WELL, WE DON'T, UH, WE DON'T HAVE TO VERIFY THAT THEY, THAT THEY'VE ALREADY HAD A TRANSFER OF DEVELOPMENT RIGHTS IN, IN, I MEAN, THIS COULD BE APPROVED AS A MASTER PLAN THAT ALLOWS UP TO 104 UNITS, EVEN IF THEY DIDN'T HAVE THE 104 UNITS AT THE MOMENT.
SO, BUT WE DO HAVE THE, THE TRANSCRIPT FOUR HAS BEEN DELETED.
YOU KNOW, THAT'S GONNA BE A HUGE STOP AT TIME, COUNSEL, EVEN IF WE DON'T CATCH IT, IF YOU ARE TRYING TO MANUFACTURE UNITS OUT OF THIN AIR.
UM, AND THEN THE ONLY OTHER THING, THIS IS MORE FOR STAFF.
I, I'VE RAISED THIS CONCERN IN THE PAST, AND I DON'T KNOW IF IT'S BEEN ADDRESSED, BUT MYRTLE FORD ROAD IS RIGHT NEXT TO THIS DEVELOPMENT.
MYRTLE FORD ROAD IS WHERE ALL THE CONTRACTORS ENTER POMO BLUFF IN THE MORNING.
AND IN THE PAST THERE'S BEEN A, AND I DON'T KNOW IF IT'S STILL THERE, I JUST HAVEN'T LOOKED LATELY IN THE PAST THERE'S BEEN A GATE RIGHT AT NEW RIVERSIDE ROAD THAT KEEPS THE CONTRACTORS FROM GETTING IN AND STACKING UP.
SO AT SIX 30 IN THE MORNING, THEY LITERALLY START STACKING IN FRONT OF WHERE THIS DEVELOPMENT'S GONNA BE BUILT.
DO WE KNOW IF THAT'S BEEN, I SEE.
HAD I, I HAD A, HAD AN ANSWER IN HERE.
I'M HERE ON BEHALF OF THE MASTER DECKLER RIVERSIDE, LLC.
AND FIRST THING I'D LIKE TO SAY IS, UH, WE ARE FULL SUPPORT OF THE COMMUNITY.
WE'RE IN FULL SUPPORTER THE DEVELOPMENT OF THIS.
UM, I DO WANT TO ADDRESS THAT PARTICULAR ISSUE IN A LITTLE BIT OF HISTORY ON, ON HOW WE GOT TO WHERE WE'RE TODAY.
UM, FIRST, UH, WE WERE GIVEN THE OPPORTUNITY TO REVIEW A MASTER PLAN FOR, FOR THIS PROPERTY BY THE APPLICANT.
AND UM, ORIGINALLY THERE WAS AN EMERGENCY ACCESS ROAD CONNECTED TO MYRTLE FORD ROAD.
AND IN FACT IT WAS ON THE SOUTHERN PORTION.
AND WE ASKED THEM TO MOVE IT TO THE NORTHERN PORTION BECAUSE WE HAVE OUR CONSTRUCTION DATA APPLICATION.
AND THEY ACCOMMODATED THAT REQUEST.
UM, THEY APPLIED FOR THE MASTER PLAN APPROVAL THROUGH THE TOWN, TOWN STAFF STATED THAT THAT OPENING HAD TO BE ACCESSED BY RESIDENTS AND IT WAS EMERGENCY ONLY AS, AS WE ALL HAD PLANNED.
UM, AND WHEN THAT WAS CONVERTED TO A FULL ACCESS, IT RAISED TREMENDOUS CONCERNS FOR US.
UM, NUMBER ONE, THERE, THERE ARE A BUNCH OF CONSTRUCTION TRUCKS THAT GO THROUGH THERE.
UH, THERE'S A GATE THAT STILL IS THERE AND WILL REMAIN THERE, UH, TO KEEP TRUCKS FROM GOING AND ENTERING THAT PROPERTY.
AND THEN, YOU KNOW, HAVING TO SIT THERE NOT BE ABLE TO, TO GET THROUGH AND HAVE TO BACK UP.
UM, SO WHEN THE TOWN ASKED FOR THAT ACCESS TO, TO BE FULL ACCESS, WE, WE SAID WE'RE NOT IN FAVOR OF THAT HAPPENING.
UM, TOWN STAFF SAID IT WAS THEIR POLICY THAT YOU HAVE TESTS OR POINTS OF ACCESS FOR ALL RESIDENTS.
AND THAT IS NOT A WRITTEN POLICY ANYWHERE THAT I'M AWARE OF IN ANY ORDINANCE OR IN, UH, THE DEVELOPMENT AGREEMENT OR WITHIN THE RIVERSIDE PUD.
SO WE TAKE SOME ISSUE WITH THAT.
AND THE ORIGINAL TRAFFIC STUDY, UH, DONE BY KIMLEY HORN DID HAVE A SINGLE ACCESS POINT.
AND UNDER THE FIRE CODE, THE STATE OF SOUTH CAROLINA, YOU CAN HAVE A SINGLE ACCESS POINT FOR FULL VEHICLES PROVIDED IN SECTION 5 0 3, 1 0.2.
THE SECOND ACCESS POINT FOR FIRE APPARATUS ACCESS, UH, CAN BE DONE THROUGH A DRIVEWAY PATHWAY COURT OR OTHER APPROVED FIRE LANE.
NOT ACCESSIBLE THE PUBLIC MOTOR VEHICLES WHEN DESIGNED BY A REGISTERED DESIGN PROFESSIONAL.
SO IT IS OUR OPINION THAT THE BEST CASE IN THIS MASTER PLAN, AND AGAIN, WE AREN'T SUPPORTIVE OF PROVING A MASTER PLAN, WE WOULD ASK THAT YOU CONSIDER THE ORIGINAL INTENDED DESIGN THAT WE SUPPORTED, THEY WERE OPEN AND SUPPORTIVE TO, WHICH WAS TO NOT HAVE TWO, TWO OPENINGS ON NEW RIVERSIDE ROAD, KEEP THE SINGLE OPENING FOR RESIDENTS, MAINTAIN A SECONDARY ACCESS FOR EMERGENCY VEHICLES, CLEAN UP THE NEW RIVERSIDE CORRIDOR, AND KEEP THAT CONFLICT FROM HAPPENING IN THAT GENERAL AREA.
OKAY, I HEAR WHAT YOU'RE SAYING, BUT WHAT I DON'T HEAR IS A SOLUTION TO 50 CONSTRUCTION VEHICLES STACKED ON A TWO LANE ROAD AT SIX 30 BECAUSE YOU DON'T OPEN THE GATE UNTIL SEVEN IN THE MORNING.
YOU'RE CREATING THE ISSUE THAT WILL BLOCK UP THAT SECONDARY ACCESS.
IF THERE WERE ONLY A PRIMARY ACCESS LOCATED ACROSS FROM HERBICIDE, IT WOULDN'T BE THE SAME ISSUE.
I LIVE IN THIS WORLD, I WORK FOR A CONTRACTOR.
I HAVE SAT IN THAT QUEUE ACROSS FROM THE ENTRANCE THAT'S MAINLAND LAKES BECAUSE IT GETS THAT FAR BACK.
AND THE SOLUTION TO THIS, IN MY OPINION, IS OPENING THAT GATE A HALF HOUR EARLY WHEN THEY START STACKING 'EM UP BECAUSE YOU'RE, YOU'RE, UM, GUARD GATE IS FAR ENOUGH DOWN THAT ROAD THAT, THAT WOULD RELIEVE THE PRESSURE ON NEW RIVERSIDE ROAD.
[01:20:01]
I KNOW YOU CAN DO PRETTY MUCH WHATEVER YOU WANT, BUT YOU'RE CREATING THIS ISSUE AND WHEN THERE'S A MAJOR ACCIDENT THERE, SO THEY'RE GOING TO COME AFTER YOU.WHAT I WOULD PREFER IS ENFORCEMENT BY THAT IS PALM OF BLUFF, RIGHT? THAT IS A PALM OF BLUFF, PRIVATELY MAINTAINED ROAD, RIGHT? PALM ABOVE SECURITY.
UM, IF TRUCKS ARRIVE BEFORE THEY'RE SUPPOSED TO AND IT'S STACKED ON NEW RIVERSIDE ROAD, I WOULD RATHER, AND WE CAN TALK TO SECURITY ABOUT ENFORCEMENT OF DISALLOWING, THE STACKING OF VEHICLES THAT WOULD GO BEYOND THAT LOCATION.
THAT WOULD BE A PERFECT IN, IN MY OPINION.
AGAIN, I'M ONE OF FOUR UP HERE.
THAT WOULD BE A PERFECTLY ACCEPTABLE SOLUTION TO IT.
I JUST SEE NOW THAT THIS IS GETTING DEVELOPED, I SEE THAT AS BEING A CHAOTIC SITUATION.
I SEE A GENTLEMAN BEHIND YOU WHO'S GONNA BE UPSET 'CAUSE HE CAN'T SELL HIS HOMES.
'CAUSE WHEN PEOPLE COME TO SEE THE HOMES, THERE ARE A BUNCH OF CONSTRUCTION VEHICLES STACKED AND WELL, PEOPLE DON'T COME TO SEE HOMES AT SIX 30 IN THE MORNING.
WELL, AND I DO THINK IT, IT WOULD BE BETTER TO DEAL WITH ENFORCEMENT BECAUSE THERE'S THE CONCERN THAT IF YOU WERE TO MOVE THE GATE, YOU THEN RUN THE RISK OF THEM FINDING OUT AT SIX O'CLOCK AND THEY'RE HAVING A BACKUP UP.
AND THEN YOU HAVE AN UNSAFE CONDITION.
SO WE WANT TO KEEP THE GATE UP AT NEW RIVERSIDE ROAD, THE FACT THAT FOLKS ARE ARRIVING EARLY.
I MEAN, YOU CAN'T PARK AT THE SIDE OF THE HIGHWAY.
YOU SHOULDN'T BE ABLE TO PARK AT THE SIDE OF NEW RIVERSIDE ROAD.
SO I THINK THAT'S AN ENFORCEMENT ISSUE.
EVERYONE THAT ENTERS THAT GATE HAS A COMMERCIAL TAG.
SO WE SHOULD KNOW WHO THEY ARE.
WE SHOULD HAVE THE ABILITY TO DISALLOW 'EM FROM ENTERING THE PROPERTY IF THEY CONTINUE TO, TO CAUSING DISRUPTION ON NEWER RECYCLED WEAPONS.
UNLESS THEY'RE AT THE COMPANY I WORK FOR
I GET THAT YOU UNDERSTAND THE CONCERN AND I DON'T WANT SURE.
I DON'T WANT THAT TO BECOME A PROBLEM FOR YOU.
I DON'T WANT THAT TO BECOME A PROBLEM FOR THE APPLICANT.
AND THEN AGAIN, OUR ONLY ASK IS THAT PLEASE CONSIDER, I THINK IT MAKES FOR A BETTER COMMUNITY.
I THINK FOR MAKES FOR SAFER ACCESS.
I THINK IT PROVIDES THE EMERGENCY VEHICLE ACCESS AND WE'RE WILLING TO PROVIDE EMERGENCY VEHICLE ACCESS ON MYRTLE FORD.
WE JUST CAN'T HAVE FULL ACCESS BECAUSE CONSTRUCTION TRAFFIC AND THAT IS A PROTECTED CORRIDOR FOR THE FUTURE SECONDARY ACCESS, THE PALM GLOVE.
PLEASE CONSIDER PULLING THAT, THAT FULL RIGHT OR THAT RIGHT AND RIGHT OUT IT'S LOCATED FURTHER TO THE EAST.
ALLOW IT TO BE AN EMERGENCY ACCESS ON A MURDER FORD ROAD.
CLOSE UP THAT FRONTAGE SO THAT CORRIDOR LOOKS MUCH CLEANER AND YOU STILL PROPERLY SERVE THE RESIDENCE TO THIS NEIGHBORHOOD.
WELL, I DON'T, AND I, I WILL SPEAK TO THIS.
I DON'T KNOW THAT YOU'RE GONNA GET THAT HERE BECAUSE WE DON'T HAVE SKETCHES GROWING OVER THERE.
ANYTHING, IF YOU WANT TO PUSH THAT ISSUE, I WOULD SUGGEST AT THE NEXT STEP YOU ADDRESS THAT ISSUE.
UM, THE ONE CONCERN I WOULD HAVE IS YOU'RE STILL GONNA HAVE A GATE.
SO YOU DON'T HAVE ACCESS FOR RESIDENCE TO GET IN AND OUT ON THAT SECONDARY.
AND THAT IS SOMETHING THAT WE CORRECT LOOK FOR AND, AND YOU WOULDN'T, WE WOULD NOT, I I DON'T KNOW THAT IT'S GOING TO, UH, AND OTHER COMMISSIONERS CAN SPEAK UP TO THIS IF YOU WANT TO, BUT I DON'T KNOW THAT IT'S GONNA FLY WITH COUNSEL 'CAUSE THEY'VE GIVEN US CLEAR DIRECTION THAT THEY WANT TWO OR MORE ENTRANCES FOR RESIDENCE.
AND I UNDERSTAND IT MAY NOT BE ENCODED, BUT THAT'S THE DIRECTION.
AND AGAIN, I'M HERE TO PETITION ON BEHALF OF THE MASTER CHECK WARRANT.
I'M NOT HERE TO HOLD UP THE PROCESS.
I'M NOT HERE TO IMPEDE THE APPROVAL OF THIS MASTER PLAN PROCESS CONSIDERATION AND POTENTIAL UNDERSTANDING THAT THAT ACCESS POINT IS SOMETHING THAT IS IMPORTANT, I THINK IS A BETTER SERVICE TO BOTH COMMUNITIES.
APPRECIATE YOUR THOUGHTS ON THAT.
ANY OTHER COMMENTS QUESTION, SPEAK TO SECOND.
THIS IS NEW RIVERSIDE, PUD WITH THE DEVELOPMENT AGREEMENT.
I DON'T KNOW IF WE HAVE THE EQUAL REQUIREMENT IN THE NEW RIVERSIDE PUD, BUT WE'VE ALWAYS ENFORCED IF YOU'VE GOT 10 LOTS OR MORE THAT, THAT YOU PROVIDE TWO POINTS OF ACCESS.
IT UH, IT'S ACTUALLY UDO SECTION 5 7 3 B ONE.
IT READS, UNLESS IT IS DETERMINED BY THE UDO ADMINISTRATOR, THAT SECONDARY ACCESS IS NOT FEASIBLE DUE TO PHYSICAL LIMITATIONS, ANY DEVELOPMENT AND EACH OF ITS PHASES, IF APPLICABLE, SHALL HAVE A MINIMUM OF TWO POINTS OF VEHICULAR INGRESS AND EGRESS FROM EXISTING AND SURROUNDING STREETS.
AS STAFF, WE'VE ALWAYS, WE, WE'VE ENFORCED THAT REGARDLESS OF THE DEVELOPMENT AND WE'VE, WE HAVE ALWAYS INTERPRETED THE SECOND POINT OF ACCESS AS NOT BEING EMERGENCY VEHICLE ACCESS ONLY, BUT BEING A TRUE RESIDENTIAL ACCESS.
UH, AND IT'S EXACTLY WHAT WE DID WITH MIDPOINT, UH, THAT'S BEING CONSTRUCTED RIGHT NOW IS, IS HAD THEM COME UP WITH A SECOND POINT OF ACCESS FOR THE 400 HOMES IN EFFECT.
DO YOU WANT TO, UH, GO TO THE SLIDE OF THE PROPOSED MOTION PLEASE? I ENTERTAIN A MOTION.
[01:25:02]
I MOVE TO RECOMMEND CONDITIONAL APPROVAL OF THE NEW RIVERSIDE PARCEL EIGHT.A INITIAL MASTER PLAN SUBJECT TO THE FOLLOWING CONDITION.
PROVIDE ADDITIONAL INFORMATION DETAILING THE PROCESS THAT WILL ENSURE THE LONGEVITY OF THE PROPOSED TREE SCAPES.
ANY DISCUSSION? ALL IN FAVOR A.
YOU HAVE ANY OTHER ITEMS FOR DISCUSSION? DOES ANYBODY WANNA SAY ANYTHING AT THIS POINT ON ITEM 10? MAKE A MOTION FOR ADJOURNMENT.