Jun 15, 2023 Planning and Zoning Agency

[Call meeting to order.]

[00:00:28]

LET STAND FOR THE PLEDGE OF ALLEGIANCE PLEASE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

MEGAN WE PLEASE READ THE PUBLIC NOTICE STATEMENT. >> THIS IS A PROPERLY NOTICED PUBLIC HEARING HELD IN CONCURRENCE WITH REQUIREMENTS OF FLORIDA LAW.

THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO COMMENT ON TOPICS RELEVANT TO THE AGENCY'S AREA OF JURISDICTION. THE PUBLIC WILL BE GIVEN THE TOUGHER COMMENT DURING THE HEARING. ANY MEMBER OF THE PUBLIC DESIRING TO SPEAK MAY INDICATE BY COMPLETING A SPEAKER CARD WHICH IS AVAILABLE IN THE FOYER.

ANY ADDITIONAL SPEAKERS MAY BE HEARD ONLY THE DISCRETION OF THE CHAIRMAN.

SPEAKER CARDS MAY BE TURNED INTO STAFF. THE PUBLIC WAS SPEAK DURING A TIME WHEN EACH ITEM AS DESIGNATED BY THE CHAIRMAN WHICH SHALL BE 3 MINUTES.

SPEAKERS IDENTIFY THEMSELVES, WHO THEY REPRESENT AND STAY THERE ADDRESS FOR THE RECORD.

SPEAKERS MAY OFFER SWORN TESTIMONY. IF THAT TESTIMONY NOT SCORN MAY BE CONSIDERED BY THE AGENCY AND DETERMINING THE WEIGHT OR TRUTHFULNESS OF THE TESTIMONY.

IF A PERSON DECIDES TO APPEAL ANY DECISION WITH ANY MATTER CONSIDERED AT THE HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. INCLUDES A TESTIMONIAL EVIDENCE UPON WHICH THE APPEAL IS TO BE MADE. ANY PHYSICAL DOCTOR TO MARRY EVIDENCE OF JUST DIAGRAMS, CHARTS, OR WRITTEN STATEMENTS WILL BE RETAINED BY STAFF AS PART OF THE RECORD.

[Public Comments.]

AS SUCH COMMUNICATION HAS OCCURRED THE AGENCY MEMBER SHOULD IDENTIFY THE PERSONS INVOLVED IN THE MATERIAL CONTENT OF COMMUNICATION. WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN IF WE DISAGREE. YOU WILL DIRECT COMES TO THE ISSUES AND AVOID PERSONAL

CHATS. >> THANK YOU. WE ARE NOW GOING TO OPEN THE FLOOR FOR PUBLIC COMMENT. THERE WILL BE A PUBLIC COMMENT TIME FOR EACH ITEM AS IT COMES UP. THIS IS A TIME WHEN YOU CAN COME ON UP ON ANY ITEMS ON THE AGENDA OR NOT ON THE AGENDA. DO WE HAVE ANY SPEAKER CARDS? IS THERE ANYONE WHO WOULD LIKE TO MAKE A PUBLIC COMMENT AT THIS TIME? YES SIR? YOU CAN FILL OUT THAT AFTERWARD SIR. JUST COME ON UP AND GIVE YOUR

NAME AND ADDRESS FOR THE RECORD. >> EVERY BARKER, 102 OAKLEAF POINT. I WANTED TO DO THIS LAST TIME I WAS HERE.

I HAVE A MINOR SUV. I THINK IT'S ABOUT BEEN 2 YEARS.

THE PLANNING OFFICE WAS ABLE TO DO THE PRESENTATION AND THE COUNTY PLANNER.

GO THROUGH THE PRESENTATION REAL QUICK. BE ABLE TO SHOW YOU EVERYTHING AND NOW IT'S BEEN PUT ON US. I DIDN'T DEVELOP THE PRESENTATION.

IN ORDER TO KEEP THINGS AFFORDABLE FOR CITIZENS OF THE COUNTY THAT COME UP HERE WITHOUT HIRING A PROFESSIONAL PLANNER. IT WOULD BE HELPFUL FOR THE COUNTY PLANNING OFFICE WHO I BELIEVE, THE COUNTY PLANNING OFFICER TO REPRESENT THE CITIZENS AND PEOPLE TO YOU. THE PEOPLE. THAT CAN'T AFFORD TO HIRE.

WERE NOT A CORPORATION WERE NOT ABLE TO HIRE PROFESSIONAL PLANNER FOR $35,000.

[5. REZ 2023-05 Strickland Oil Brothers.]

I JUST DON'T THINK IT GOES SMOOTHLY AND CONFUSES US IT MIGHT CONFUSE YOU.

THAT IS MY COMMENT. >> THANK YOU. >> THANK YOU.

>> OKAY, ANYONE ELSE? SEEING NONE, WE ARE GOING TO MOVE ITEM NUMBER 5 TO THE FIRST ITEM ON THE AGENDA HERE AT THIS POINT I'M GOING TO ASK THE MEMBERS OF THE COMMITTEE, TO HAVE ANY X PARTAKE COMMUNICATION WITH ITEM NUMBER 5?

[00:05:13]

MR. YOU HAVE THE FLOOR. >> I'M HERE TODAY REPRESENTING RDP GROUP FOR PROPERTY THAT THEY ARE INTERESTED INTO FILMING ON NORTHEAST CORNER OF 207 AND SOUTH HOLMES BOULEVARD.

THE PROPERTY INTENTION AS YOU CAN SEE THE SCREEN IS TO PROVIDE OF LUBE OIL CHANGE FACILITY. TODAY'S FOCUS WILL BE THE REZONING OF THE PROPERTY.

LOOKING TO REZONE FROM OPEN RULE TO COMMERCIAL INTENSIVE. AS YOU CAN SEE UP ABOVE THE CURRENT ZONING ON THIS PROPERTY IS THE OPEN RULE AS MENTIONED AND YOU CAN SEE A PROPERTY AROUND IT IS DEVELOPED AS PUD'S AND COMMERCIAL INTENSIVE. FURTHER TO THE NORTHEAST AND AS YOU CAN IN THE FUTURE LAND USE IS A MIXED-USE LAND USE. THAT IS IN THIS CORRIDOR.

THE MIXED USE LAND USE WAS PLACED THERE TO PROVIDE FOR OPPORTUNITIES FOR MULTIPLE ZONING CLASSIFICATIONS. AS YOU CAN SEE FROM THE AERIAL THERE ARE A NUMBER OF COMMERCIAL PROPERTIES THAT HAVE BEEN DEVELOPED ON THIS CORNER. I SURELY ALL OF YOU KNOW IT IS A VERY BUSY CORNER. LOTS OF ACTIVITY OCCURS AT THAT CORNER.

FOR THAT REASON IT'S A PRIME LOCATION TO DEVELOP THE PROPERTY INTO SOMETHING USEFUL FOR THE COMMUNITY. ON THAT NOTE AS YOU SEE EARLIER IN THE OPENING PAGE THIS IS OUR CONCEPTUAL SITE PLAN. THE CONCEPTUAL SITE PLAN HAS BECOME MORE FORMAL.

IT HAS BEEN SUBMITTED AS A SITE PLAN FOR REVIEW WITH THE COUNTY CURRENTLY.

WE ARE CURRENTLY GOING THROUGH ALL THE NECESSARY REQUIRED STEPS TO MAKE THIS COME TO FRUITION AND BE A GOOD NEIGHBOR AND PART OF THE COMMUNITY IN THIS LOCATION.

I BRIEFLY WANTED TO GO OVER WITH YOU THE CRITERIA THAT WAS LISTED IN THE COMP PLAN FOR DOING THIS REZONING. JUST TO BE CLEAR, WE'RE DOING EVERYTHING WE CAN TO MEET THE RECURRENCE OF THE COMP PLAN. I'M NOT GOING TO GO THROUGH ALL OF THESE AS YOU CAN SEE THEM UPFRONT AND A LOT OF THIS IS IN YOUR STAFF REPORT AS WELL. HITTING SOME HIGHLIGHTED NOTES HERE. THIS IS PROBABLY GOING TO BE THE BIGGEST CONCERN FOR MANY OF YOU. REZONING THIS TO COMMERCIAL INTENSIVE OPENS THE DOOR FOR A LOT OF USES THAT THIS PROBABLY PROPERTY CAN BE USED FOR. HOWEVER, THIS PROPERTY IS SMALL. IT'S ROUGHLY .87 CRES. THE SHAPE OF THE PROPERTY AND LOCATION OF THE Y PRESENTS A VERY UNIQUE CHALLENGE IN EVELOPMENT.

IT LIMITS THE DEVELOPMENT SUBSTANTIALLY. THAT COULD EVEN GO BACK TO THE ORIGINAL OPEN RULE ZONING WERE THAT CURRENTLY ONLY ALLOWS RESIDENTIAL USES, INSTITUTIONAL L USES THEM A MINIMUM AMOUNT OF COMMERCIAL SUCH S DAYCARE, ADULT CARE, NOT APPROPRIATE FOR BUSY CORNER AND ACCESS IS THE MAIN ISSUE. SO, BY REZONING IT TO COMMERCIAL AND INCREASES THE ABILITY FOR LANDOWNER TO HAVE MORE OPTIONS TO BUILD ON THE PROPERTY AND BE CONSISTENT WITH ITS NEIGHBORS. AND THE RIGHTS THAT THEY SHARE.

IT WILL ALSO BE A NATURAL LIMIT ON THE PROPERTY DUE TO ITS SIZE.

ALL OF THE USES IN THE COMMERCIAL INTENSIVE WILL NOT ACTUALLY BE APPLICABLE UNDER ITS NATURAL CIRCUMSTANCES. A SIGH FROM THAT, LET'S MOVE ON.

AFFIC. EVERYONE IS A CONCERN ABOUT TRAFFIC.

THIS WAS GIVEN THAT WHENEVER WE WERE LOOKING FOR THIS PROPERTY FOR DEVELOPMENT.

THE PROPERTY, AS I SAID SINCE IT'S LIMITED OUR OPTIONS ARE SMALL.

THERE ARE STILL SMALL OPTIONS OR PRODUCE A LOT OF TRAFFIC. WE ARE NOT PRODUCING A LOT OF TRAFFIC ON THIS PROPERTY. IT'S NOT HEAVY IN TRAFFIC DRIVER.

IT INDICATES THIS PROVIDES AT THE MOST ON A GOOD DAY A 10 PEAK HOUR TRIP GENERATOR.

THIS IS GENERALLY A LOW TRIP GENERATOR. THE IDEA IS TO CAPTURE.

LOOKING TO CAPTURE TRAFFIC. TRAFFIC THAT IS ALREADY THERE. MOST LIKELY WE ARE NOT A DESTINATION FACILITY FOR THIS PLAN. WE ARE TRYING TO CAPTURE LOCALS. WERE TRYING TO CAPTURE THE COMMUTERS COMING THROUGH.

ALSO AS FAR AS NUISANCES GO. THE PROPERTY IS A LOW GENERATOR AS IT APPEARS FOR NOISE ISSUES.

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THE BASE HAVE BEEN SET UP ON THE PLAN TO BE GENERALLY CLOSER TO 207 GOING TOWARDS THE HIGHWAY TRAFFIC. AT THE REAR OF THE BUILDING IT POINTS TOWARDS THE MORE WOODED AREA. IF I RECALL I THINK IT'S 500 FOOT SEPARATION FROM THE BUILDING TO THE PROPERTY LINE FOR THE RESIDENTIAL STARTS. PLUS A PILE OF TREES IN BETWEEN. THE NOISE IS NOT EVEN AN ISSUE. ADDITIONALLY ANY NOISE THAT WOULD TRESPASS OFF OF THE SITE ON THE HOMES WITH THE AMOUNT OF TRAFFIC ON HOMES IT WOULD NOT SURPASS THAT ROADS TRAFFIC NOISE. TO NOISE AND TRAFFIC IN GENERAL THESE ARE NOT ISSUES LOOKING AT THIS TYPE OF FACILITY. LOOKING AT MANY FACILITIES HAVEN'T BEEN ON THIS PROPERTY. URBAN SPRAWL.HIS IS AN APPLICABLE TO URBAN AREA.

LOTS OF COMMERCIAL IS APPOINTED OUT IN THE AERIAL EARLIER. ADDITIONALLY THEN NATURAL ENVIRONMENT. THERE IS A SECTION IN THE STAFF REPORT THAT TALKS ABOUT ENVIRONMENTAL REVIEW. THERE WAS A CONCERN OF WETLANDS.

WE HAVE SINCE RESUBMITTED AN ENVIRONMENTAL ASSESSMENT FOR THIS PROJECT AND IT'S CURRENTLY UNDER REVIEW BY THE COUNTY PLANNING STAFF. WE'VE ALSO PROVIDED WITH A SPECIFIC WETLAND ASSESSMENT LETTER INDICATING THERE IS NO WETLANDS ON THE PROPERTY.

THE SOIL THOUGHTS OF THE PROPERTY IS NOT CONDUCIVE OF WETLANDS.

THAT WE ARE INDICATING THERE IS NONE. THAT IS BASICALLY HOW WE ARE ADDRESSING THAT ISSUE. THAT ISSUE WILL CONTINUE TO BE ADDRESSED THROUGH THE COUNTY'S PLANNING DEPARTMENT AND WE WILL MAKE SURE TO DO EVERYTHING REQUIRED TO UPDATE THAT INFORMATION OR PLAN AROUND IT AS NECESSARY. ANY QUESTIONS?

>> ANYBODY HAVE ANY QUESTIONS? DO WE HAVE ANY SPEAKER CARDS? WE ARE BACK IN TO THE AGENCY

[1. SUPMIN 2023-01 Porter MH- 2980 Bay Street.]

FOR A MOTION. MEGAN? >> MOTION TO RECOMMEND APPROVAL REZONING 2023 Ã05 STRICKLAND OIL BROTHERS BASED UPON PLANNING IN THE STAFF REPORT.

>> ANY DISCUSSION? LET'S REGISTER THE BOAT. THAT MOTION PASSES 6 Ã 0.

LET'S MOVE BACK UP TO THE TOP OF THE GENDA. MR. GEOFFREY BATTEIGER WHO IS

PRESENTING THIS ITEM. >> MY NAME IS GEOFFREY BATTEIGER 102 WEEKLY POINT.

>> MY NAME IS JAMIE PORTER. WHERE THE PROPERTY OWNERS. THE REQUESTING THE SPECIAL

PERMIT. >> WHAT IS YOUR ADDRESS MA'AM? ADDRESS?

>> 2988 BAY STREET SAINT AUGUSTINE. >> CAN I MAP? I DON'T KNOW HOW TO TURN ON THE POYNER. IT'S ON THE CORNER DEL MONTE AND BAY STREET. I WILL MENTION ON BAY STREET SOUTH OF BRUIN ARE SEVERAL MOBILE HOMES ON DEL RIO. THERE IS MANY MOBILE HOMES AND ON BRADFORD STREET THERE IS MANY, MANY MOBILE HOMES. I THINK I COUNTED 26 MOBILE HOMES WITHIN 3 BLOCKS OF THIS LOCATION. FUTURE LAND USE MAP. ZONING MAP AT THIS TIME IS RS 3. YOU SEE THE AREA, OPEN RULE SOUTH ON BAY AND BRUIN STREET. THERE IS QUITE A FEW MOBILE HOMES RIGHT THERE IN THE AERIAL MAP SHOWING YOU THAT HERE. A SITE PLAN SHOWING THE SETTING OF THE HOME. I DO ALSO HAVE A PHOTOGRAPH. WE WILL ENTERTAIN ANY

[00:15:29]

QUESTIONS. >> CAN I ADD SOMETHING? OUR FAMILY HAS OWNED THE PROPERTY AT THAT ADDRESS AND 290 BAY STREET FOR OVER 50 YEARS.

MY MOTHER-IN-LAW LOST HER HUSBAND LAST YEAR. WE REALLY NEED TO BE THERE WITH HER TO HELP TAKE CARE OF HER AND THAT IS OUR MAIN PURPOSE TO AFFORDABLY PUT HOME NEXT TO HER

TO BE ABLE TO TAKE CARE OF HER. >> SHE IS IN THE HOME JUST SOUTH OF BASE STREET.

>> THANK YOU. ANY QUESTIONS FOR THE PLICANT? IS THERE ANY X PARTAKE MEDICATION? DO WE HAVE ANY SPEAKER CARDS? MR. GEOFFREY BATTEIGER YOU DID FINE WITH THE PRESENTATION. YOU REALLY DID. IT DOES MOVE THE PROCESS ALONG FASTER BECAUSE WHAT USED TO HAPPEN TO STAFF WOULD MAKE THE PRESENTATION AND THE APPLICANT

WOULD STAND UP AND MAKE THE SAME PRESENTATION. >> I APPRECIATE THAT

EXPLANATION. >> YOU DID FINE. DON'T EVER HESITATE TO ASK

STAFF OR US FOR HELP. OKAY? >> THANK YOU.

>> OKAY I WILL ASK THE AGENCY FOR MOTION. >> WE HAVE A MOTION AND A

[2. MINMOD 2023-02 St. Augustine Shores Daycare and Preschool.]

>> THANK YOU. >> LET'S MOVE ON TO ITEM NUMBER 2. BRAD, ARE YOU HERE? X PARTAKE MEDICATIONS? DOES ANYONE HAVE ANY TO DECLARE?

YES MEGAN. >> I SPOKE WITH BRAD EARLIER THIS MORNING AND HE DISCUSSED THE APPLICATION I HAD. I HAD A QUESTION AND HE ANSWERED IT.

>> ANYBODYELSE? >> OUT OF WISEMAN FROM BRAD YESTERDY ASKING ME IF I HAD ANY QUESTIONS. I CALLED THEM BACK THIS MORNING AND GOT HIS VOICEMAIL AND TOLD HIM I DID HAVE A COUPLE OF QUESTIONS BUT I THOUGHT THEY COULD BE ANSWERED AT THE HEARING TODAY SO I DIDN'T ASK HIM. I DID LEAVE THE QUESTIONS FOR

HIM. >> BRAD WESTER, DRIVER MCAFEE HWTHORNE & DIEBENOW.

ONE INDEPENDENT DRIVE SUITE 100 JACKSONVILLE FLORIDA. I'M HERE REPRESENTING THE APPLICANT IN THE MATTER WHICH IS 8 MINOR MODIFICATION TO THE PUD.

THIS IS A PUD IN SAINT AUGUSTINE SHORES. IT'S A MID MOD 20 2302 APPEARED

IT'S FOR ÃUSA. >> WHAT WAS THE NAME? >> KIDS CITY USA.

THEY HAVE ABOUT 100 LOCATIONS. THEY'RE VERY EXPERIENCED. SAINT AUGUSTINE SHORTS MID MOB IS A VERY LARGE ONE OF THE ORIGINAL LARGE MASTER-PLANNED COMMUNIIES AND ALL OF THE NORTHEAST FLORIDA. HERE IS THE MASTER PLAN MAP. THE PROPERTY ITSELF IS GENERALLY IN THIS LOCATION HERE WHERE THE POINTER IS. THERE IS AS WELL.

THIS IS A REQUEST TO INCLUDE A DAYCARE PRESCHOOL IN A COMMERCIAL BUSINESS DISTRICT OF THE PUD. THE 2.25 ACRE SITE. IT'S VACANT AND UNDEVELOPED.

IT'S LOCATED IN A COMMERCIAL CORRIDOR ALONG SHORES BOULEVARD.

THE DAYCARE PRESCHOOL USE IS USED BY EXCEPTION IN THE SINGLE-FAMILY RESIDENTIAL DISTRICTS IN THE PUD. NOT EXQUISITELY LISTED IN THE COMMERCIAL BUSINESS DISTRICT OF THE PUD ITSELF. IT ALSO IS NOT EXPRESSLY PROHIBITED.

THERE ARE NO WAIVERS, NO WETLANDS OR ENVIRONMENTAL ISSUES ON THE PROPERTY.

HERE IS A LAND USE AND ZONING MAPS. LAND USES RESIDENTIAL SEAT WHICH CAPTURES THE ENTIRE PUD AND IT HAS A ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT. IT'S BEEN MODIFIED A FEW TIMES OVER THE YEARS.

YOU SEE HER LOCATION AND CONTEXT TO IT. A VERY LARGE COMMUNITY.

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THE PROPERTY SITS IN THE SHORES BOULEVARD WHICH IS A LOOP AROUND THE ENTIRE COMMUNITY.

THIS IS THE COMMERCIAL BUSINESS DISTRICT. THERE ARE SOME CHURCHES THERE.

THE SPIRIT PROPERTY PUTTING US UP TO THE NORTH HAS COMMERCIAL PERMIT REVIEW SUBMITTED IN 2023. FOR ALMOST 20,000 SQUARE FEET A MULTIPLE BUILDINGS AND A RESTAURANT. THAT'S AN REVIEW BY THE COUNTY RIGHT NOW.

YOU CAN SEE THE SEPARATION THERE. THIS IS THE VALENCIA PUD HERE.

THAT THE STORM WATER POND, OPEN SPACE, WETLANDS AND HOMES THERE.

YOU CAN SEE THERE IS A 3 NORTH 90 FOOT DISTANCE TO ONE NEAREST HIM AND THE OTHER IS 505 FEET ON SHORES BOULEVARD. YOU CAN SEE AND CONTEXT TO THE SEPARATE RESIDENTIAL UNITS TO THE UNCOMPLIMENTARY LAND-USE STANDPOINT. THIS IS OUR TOPOGRAPHIC AND BOUNDARY SURVEY. NOT MUCH FALL OR RISE AND RUN OVER THE ENTIRE LENGTH OF THE PROPERTY. IS PRIME FOR DEVELOPMENT. THERE IS NO WETLANDS, NO GOPHER TORTOISES, NO ENVIRONMENTAL FEATURES AND NO FLOODPLAIN. HERE IS OUR PUD SITE PLAN CONCEPT. WHAT I'VE DONE IS TAKEN THE LIBERTY TO SHOW SOME COLORATION TO IT WITH CONTEXT OF THE STORMWATER PONDS. THE BUILDING ITSELF AND THE PLAY AREA WHICH IS A GREEN AREA. THE PLAYGROUND IS SPECIFICALLY IN THIS AREA WILL HAVE ITS OWN SMALL PLAYGROUND. IT'S FURTHER SEPARATED FROM THE RESIDENTIAL AND BUILDING PROTECTS IT FROM THE BRAINERD 90 FOOT DISTANCE.

MORE PORTLY WITH THE STORMWATER PONDS, SEPARATION AND UTILITY EASEMENT THERE AS WELL.

THE VEHICLE QUEUING AND STACKING AND PARKING ANALYSIS WHICH IS THIS.

THIS WAS A REQUIREMENT FOR THIS PUD SUBMITTAL. OBVIOUSLY BEING A NONRESIDENTIAL COMPONENT. IT'S EXEMPT FROM CONCURRENCY BUT, THE COUNTY ASKED US TO PROVIDE THIS WE DID THIS IN CANADA. IT SHOWS THE STACKING AND QUEUING ATTORNEY LANCE AND CONTEXT OF THE PARKING LOT OF THE VEHICLE USE AREAS FOR THE A.M. AND P.M. DROP-OFFS. THIS IS A COMPATIBLE COMMERCIAL AND THE DISTRICT USE.

SERVE THE FAMILIES OF AUGUSTINE SHORES. IT'S A DISTANCE FROM ADJACENT RESIDENTIAL LOTS. BY THE WEBSITE LAYOUT, UTILITY EASEMENT, STORMWATER PONDS, OPEN SPACE AND WETLANDS WHICH ARE OFF-SITE. THE PLAN AND TO BUILDING ON RESIDENTIAL SCALE AND HEIGHT AND MASS. IT'S A SINGLE STORY BUILDING AND IT LOOKS RESIDENTIAL. WE MET WITH GROWTH MANAGEMENT OF SAINT AUGUSTINE SHORES REGARDING THE PROCESS, CONCEPT AND USE AND BACK OF THE JANUARY TO FEBRUARY TIMEFRAME.

THE DELTA CORPORATION WHICH IS PROPERTY OWNER AND ORIGINAL MASTER DEVELOPER WHICH AFTER THE PUD IN THE DEED RESTRICTION SUPPORT THIS MINOR MODIFICATION WITH NO AMENDMENT TO THE DEED RESTRICTIONS AS NEEDED. THIS DOES MEET THE COMPREHENSIVE PLAN FOR CONSISTENCY AND THE LTC CRITERIA. WITH THAT I WANT TO BE EXPEDITIOUS WITH MY PRESENTATION. I KNOW WE HAVE SOME FOLKS TO SPEAK AND AM AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> RICHARD? >> BRAD, IT'S A HEAVILY WOODED SITE ARE YOU GONNA SAVE ANY

TREES ON THE SITE? >> RIGHT NOW THAT'S A GREAT QUESTION.

I DON'T KNOW. WOULD IMAGINE WE WILL CUT AS MANY TREES AS POSSIBLE.

THEY ARE PINE TREES, THEY ARE SIGNED THE POINTS WE WILL REPLANT FOR THE LANDSCAPE CODE AT ST. JOHNS COUNTY. I DON'T HAVE A PRESERVATION AREA.

WE MAXIMIZE A SITE WHETHER BUILDING, VEHICLE USE AND STORMWATER PONDS.

I WOULD THINK ANY OF THE PINE TREES THAT ARE LEFT OVER WOULD BE ON THE OUTER PERIMETER AND EDGES BUT AGAIN, WE DON'T WANT THAT ROOT SYSTEM IN THE ROOT BALL TO BE COMPROMISED.

PINE TREES HAVE A LOW ROOT SYSTEM. IS PREDOMINATELY PINE-SOL THERE. WE WILL REPLANT WITHIN THE CODE.HEN NOT ASKING WAIVERS FROM ANY SETBACKS, HEIGHT VARIANCES FOR THE LANDSCAPING AND PROTECTED TREES AS WELL.

> OKAY, THANK YOU. >> ANY OTHER QUESTIONS FOR THE APPLICANT?

ALL RIGHT. DO WE HAVE ANY SPEAKER CARDS? >> ROBERT STAINTON.

>> THANK YOU LATEST ADJUSTMENT. I HOPE YOU CAN HEAR ME OKAY. THANK YOU.

ROBERT STANDS IN FOR 52 Ã CIRCLE, SAINT AUGUSTINE SHORES 32086.

I'M HERE AS A CONCERNED RESIDENT. I'M NOT OPPOSED TO THE IDEA OF A CHILD CARE FACILITY IN THE AREA. I THINK IT'S A DAMN GOOD IDEA HOWEVER, IT'S A PROCESS THAT'S BEEN GONE THROUGH THAT CONCERNS ME.

[00:25:02]

THEY'VE BEEN HANDED OVER TO THE COMMUNITY. THE DEED RESTRICTIONS ON THESE ISSUES SAID THAT ANY DEVELOPMENTS ON COMMERCIAL PROPERTY HAS TO BE IN ACCORDANCE WITH THE COUNTY ORDINANCE 7973. HOPE YOU ARE AWARE OF 7973.

IT'S A DEED RESTRICTION SPECIFIC TO THE SHORES. LISTED IN THAT DEED RESTRICTION OR ORDINANCE IS NOTHING ABOUT A CHILDCARE FACILITY. WHICH IS UNFORTUNATE.

I CAME HERE IN MARCH I SPOKE TO AN ENGINEER ABOUT MY CONCERNS. I HAVE SOME EMAILS BETWEEN ME, HIM AND A LAWYER WHO SEEM TO THINK WELL, THIS IS JUST A REQUEST OF A CHANGE OF A PUD.

NOTHING TO DO WITH THE DEED RESTRICTIONS. ANY CONCERNS THAT THE COMMUNITY MIGHT HAVE ARE THERE PROBLEM WITH THE OWNER. AGAIN, I THOUGHT WAS A DIFFICULT AND KIND OF ABRUPT. WITH REGARD TO THIS PROPERTY THE GENTLEMAN SAID HE'S BEEN TO THE ARCHITECTURAL CONTROL COMMITTEE AND TALKED ABOUT IT. WE HAVE THE CHAIR LADY OF THE COMMITTEE WITH US AND SHE DOES NOT RECALL THAT. THAT CONCERNED ME AGAIN.

THEY HAVE ALREADY PUT UP BOARDS ON THIS AREA. THEY PUT UP 2 BOARDS WHICH ISN'T IN CONTRAVENTION OF THE ORDINANCE 7973 WHICH SAID ONE BOARD.

AGAIN, THEY HAVEN'T BEEN TO THE ACC FOR A PERMIT TO PUT UP THE BOARDS EITHER.

I WILL BE QUICK. THIS IS ALSO THROWN UP ANOTHER ISSUE INASMUCH AS BACK IN 2000 ANOTHER CHILD CARE FACILITY WAS SET UP WITHOUT ANYONE'S KNOWLEDGE.

IT IS A FAITH-BASED CHILDCARE AND WE PROBABLY WILL HAVE TO GO BACK AND LOOK AT THAT.

WHAT I'M REQUESTING IS RATHER THAN MESS WITH THE PUD, CHANGE THE ORDINANCE, CHANGE THE COUNTY ORDINANCE TO SAY CHILDCARE FACILITY. WE COULD DO IT AND THAT WAY WE CAN ALL LEAVE HERE HAPPY. SO, THAT'S EVERYTHING I HAVE TO SAY.

THANK YOU. >> THANK YOU SIR. >> MANUEL MENDEZ.

>> GOOD AFTERNOON, MY NAME IS MINIMAL MENTOS I CURRENTLY RESIDE IN 400 G ON AWAY IN SAINT AUGUSTINE FLORIDA. I JUST HAPPENED TO BE THE HEAD OF THE SAINT AUGUSTINE CHURCH THAT IS AN ADJACENT NEIGHBOR TO THE PROPERTY THAT IS GOING TO REQUESTING THE MODIFICATION FOR THE ZONING. FROM THE CHURCH, OUR CHURCH POINT OF VIEW WE BELIEVE THIS IS ONE OF THE BEST IDEAS FOR THIS COMMUNITY. WE FEEL VERY COMFORTABLE IN HAVING THEM AS A NEIGHBOR IN A CHILDCARE FACILITY IN PRESCHOOL.

IT'S HIGHLY COMPATIBLE WITH WHAT WE BELIEVE IN. KNOW MANY NEIGHBORS NEED THIS SUPPORT. THERE MANY YOUNG FAMILIES MOVING INTO ST. JOHNS COUNTY AND ESPECIALLY TO THIS AREA APPEARED NEW TO FILM IS BEING BUILT IN THE NEIGHBORHOOD.

WE ARE PRO. WE WANT THAT TO BE KNOWN AS A CHURCH AND IT ADJACENT LOT WE SUPPORT THE CONSTRUCTION OF THIS FACILITY NEXT TO US. THAT'S ALL.

>> THANK YOU SIR. >> DIRK SCHROETER. >> GOOD AFTERNOON.

DIRK SCHROETER, 428 GALLARDO CIRCLE, SAINT AUGUSTINE SHORES. UNIT 7. THAT'S ADJACENT TO UNIT 6 WHERE THE PROPERTY IS LOCATED INSIDE THE PUD. AS YOU HEARD THE SUBJECT PROPERTY IS LOCATED IN UNIT 6 AND IS IN THE MIDDLE SECTION OF THE NEIGHBORHOOD.

ALONG THE MAIN FEEDER ROAD, SHORES BOULEVARD. IT'S LOCATED BETWEEN THE EXISTING CHURCH THAT THE GENTLEMAN JUST CAME UP. AN ADULT CARE FACILITY AT THE TOP OF THE HILL AND THESE PARCELS AND THE ONES ACROSS THE BOULEVARD, THERE'S ABOUT A DOZEN OF THEM APPEARED RIGHT IN THE MIDDLE OF THE RESIDENTIAL NEIGHBORHOOD.

OUR DESIGNATED COMMERCIAL IN THE DEED RESTRICTIONS AND THEIR USES ARE DESCRIBED IN AND ORDINANCE 79 Ã73. BEFORE THAT REFERENCED HERE TODAY.

AS A POINT OF DISCLOSURE I'M SPEAKING FOR THE OWNER OF THE PROPERTY, DELTONA CORPORATION.

I AM THEIR BROKER AT CENTURY 21 SAINT AUGUSTINE PROPERTIES. WHEN I READ THIS EMAIL FROM SHARON HOMER HILLMAN WHO IS HER EXECUTIVE VICE PRESIDENT AND WHO HAS BEEN WITH THE

[00:30:14]

PRESUMING THE PCA IS WILLING TO ALLOW THE DAYCARE AS A PERMITTED SE TO ST. JOHNS COUNTY ORDINANCE 79 Ã73, IT WOULD NOT BE NECESSARY TO AMEND THE DEED RESTRICTIONS SINCE UNDER SECTION 1 THAT 01, THOSE DEED RESTRICTIONS RECORDED IN OFFICIAL RECORD PAGE 921 THROUGH 925 AND ALREADY ALLOWS ALL PERMITTED PRINCIPAL USES PERMITTED ACCESSORY USES AND PERMISSIBLE USES BY EXCEPTION IN THE ST. JOHNS COUNTY ORDINANCE 79 Ã73.

IF FOR ANY REASONABLE PURPOSE AND AMENDMENT TO THE DEED RESTRICTIONS WAS REQUIRED, SECTION 11.01 OF THE DEED RESTRICTIONS PROVIDES THE SUB DIVIDER MAY INSOLE JUDGMENT TO BE REASONABLY EXERCISED, MAKE REASONABLE MODIFICATIONS, EMINENCE OR ADDITIONS TO THESE DEED RESTRICTIONS. THAT SAID, NO A MOMENT TO THE DEED RESTRICTIONS IS NECESSARY IN THIS INSTANCE. I'VE GOT ABOUT 27 SECONDS LEFT. LINDA SPIEGEL WHO IS HERE IS KIND ENOUGH TO GIVE ME HER TIME IF YOU WOULD GIVE ME JUST A COUPLE OF MORE MINUTES.

I WILL BE BRIEF. >> LINDA, YOU'RE NOT GONNA GET UP AND Y'ALL? [INAUDIBLE] THAT WILL BE FINES SIR. WE WILL GIVE ANOTHER 3 MINUTES.

>> THANK YOU, I APPRECIATE AT. THERE ARE AN ESTIMATED 8000 RESIDENTS IN THE SHORES.

IF I WERE ADDRESSING THEM THIS IS WHAT I WOULD SAY TO THEM. EIGHBORS, I WISH THESE PARCELS WERE PARKED LOTS BUT, THEY ARE NOT. I WOULD LOVE AT.

THEY BEEN COMMERCIAL FOR ALMOST 50 YEARS. I WISH THEY WERE RESIDENTIAL.

BUT, SOMEONE WOULD NEED TO ASK FOR A MINOR MODIFICATION TO THE PUD IN ORDER TO BUILD HOMES THERE. I'VE HAD SUCH REQUEST AS THEIR BROKER.

WE HAVE MANY ELDERLY IN OUR COMMUNITY. WE HAVE A GREAT ADULT DAY CARE, WELL, SORRY ADULT CARE FACILITY IN THE MIDDLE OF OUR NEIGHBORHOOD THAT CAN TAKE CARE OF THEM WHEN THE TIME COMES. WE ALSO HAVE MANY FAMILIES IN THE NEIGHBORHOOD.

YOU MAY NOT BE AWARE BUT TAKE CARE IS A PERMITTED USE BY EXCEPTION AND ALL THE RESIDENTIAL AREAS IN SAINT AUGUSTINE SHORES. VACATION BIBLE SCHOOLS AVAILABLE AT ALL 3 OF THE CHURCHES THAT ARE THERE RIGHT NOW I THINK.

IS THAT CORRECT? WE ACTUALLY HAVE A DAYCARE ALREADY IN EXISTENCE ON SANTA MARIA BOULEVARD. AT THE FRONT OF SAINT AUGUSTINE SHORES, IT'S CALLED A RAIN RIVER LEARNING CENTER. IT'S ALLOWED UNDER ORDINANCE 79 Ã73 BECAUSE THEY SUBMITTED AS A SCHOOL. NOT A DAYCARE. ESSENTIALLY DAYCARE IS ALLOWED ALMOST EVERYWHERE IN THE SHORES EXCEPT FOR WHERE IT'S SUPPOSED TO EXIST.

IN THE COMMERCIAL AREAS. THAT WOULD ALSO HELP BECAUSE IT WOULD BE REGULATED BY THE STATE OF FLORIDA. RIGHT NOW THE MEMORY CARE FACILITY ON SHORES BOULEVARD IS 400 FEET NORTH OF THE SUBJECT PROPERTY AT THE TOP OF THE HILL AND THEY TAKE CARE OF OUR ELDERLY. IT SHOULD ALSO BE APPROPRIATE TO TAKE CARE OF OUR YOUNG PEOPLE AT THE BOTTOM OF THE HILL RIGHT NEXT TO THE CHURCH. I PERSONALLY DON'T LIKE MODIFICATIONS TO PUD'S EXCEPT FOR WHEN THE REQUEST IS APPROPRIATE AND REASONABLE.

I THINK IT IS. I RESPECTFULLY REQUEST THAT YOU APPROVE OF THE USE OF THIS PROPERTY AS AN ALLOWED USE AND ORDINANCE 79 Ã73. WITHIN UNIT 6 OF THE PUD.

THANK YOU. >> THANK YOU. DO WE HAVE ANY OTHER SPEAKER CARDS? OKAY. WITH THE APPLICANT LIKE TO

OFFER SOME INFO? >> BRAD WESTER, TRINITY, THANK YOU DIRK, THANK YOU MR. STANTON FOR COMING UP. WE BEEN A PARTY TO A LOT OF CONVERSATION AND CORRESPONDENCE BACK AND FORTH VIA EMAILS AND COPIED FOR A COUNTY ATTORNEY'S OFFICE AND WHATNOT.

WE PERFORMED EXTENSIVE DUE DILIGENCE DATING BACK TO NOVEMBER ON THIS PROPERTY.

WE MET WITH THE GROWTH MANAGEMENT. AT THE TIME GROWTH MANAGEMENT

[00:35:09]

SUBMITTED THAT TO CHRISTINE. CHRISTINE SAID, WAIT UNTIL AFTER THE PCA HEARING.

WE HAVE THAT EMAIL AND CAN SUBMIT ON THE RECORD AS WELL. WE ARE DOING WHAT WAS PRESENTED TO US AFTER SUBMITTING BASED ON MY ADVICE WE HAVE DISMISSED THE H WAIT, THAT'S GOOD DONE IN RUNNING CONCURRENT. IT WAS SOLD TO US AFTER THAT PCA REPORTING.

THAT WAS WHAT WAS REPORTED TO US FROM CHRISTINE HART. REGARDING, I WILL ADD ANOTHER EMAIL ON TOP OF DORKS. THIS IS FROM SHARON EXECUTIVE VICE PRESIDENT OF DELTA DELTONA CORPORATION. DELTONA DISCOURAGEMENT SYSTEMIC DOES NOT BELIEVE A DEED RESTRICTION A MOMENT WILL SERVE AS A VIABLE PURPOSE. THIS IS A COMMERCIAL MRS. MANUS IS GOVERNED BY THE PUD ORDINANCE SO DEED RESTRICTION AMENDMENT TO HIGHLIGHT THE SUB DIVIDER'S INTENT WILL NOT OVERRIDE PUD PERMISSIBLE USES. WE ARE HERE TO CLARIFY THAT THROUGH THE MINOR MOD PROCESS. AT THIS TIME JUST LIKE GETTING A TREE CLEARING PERMIT OR WATER MANAGEMENT DISTRICT PERMIT OR IN DEP WATER SEWER PERMIT OR DRIVE A PERMIT, WE HAVE A LOT OF PERMITTING TO DO ON THIS PROPERTY. INCLUDING AN APPROVAL TO GET FROM THE HOA WHICH IS ALWAYS BEEN OUR INTENT AND WELL DOCUMENTED.

IT'S DOCUMENTED IN THE EMAILS AND THE RECORDS FROM SAINT AUGUSTINE SHORES.

WE ARE HERE AND WE RESPECTFULLY ASK FOR YOUR CONSIDERATION OF APPROVAL ON THIS.

AS YOU SEE THERE USES UP THE ROAD. THERE IS AN ASSISTED LIVING CARE FACILITY/MEMORY CARE FACILITY UP THE STREET. IF CONSTRUCTION GOING IN NEXT DOOR TO US. THERE'S A LOT OF SEPARATION ON THIS PROPERTY THAT PROTECTS IT.

IN ADDITION TO THE SCREENING STANDARDS WE ARE APPLYING AND NOT ASKING FOR WAIVERS FROM.

ONE OTHER THING, YOU ASKED ABOUT TREES. APOLOGIZED I COULD ON ANSWERED IT. IN THE CHILDREN'S PLAYGROUND AREA WE ARE KEEPING OAK TREES AND BIGGER TREES THAT'S COMING FROM OUR ENGINEERING. HE JUST REPORTED THAT TO ME.

THAT WILL PROVIDE SHADE AND WHATNOT. KEEPING TREES IN THAT GREEN AREA THE SITE PLAN THAT I COVERED UP. HOPEFULLY THAT HELPS.

WE HAVE COMMERCIAL PERMITS INTO THE COUNTY RIGHT NOW. RUNNING A CONCURRENT AND YES IT'S ALL AT RISK. THOSE ARE BEING REVIEWED RIGHT NOW.

WE HAVE A SET OF COMMENTS BACK TO THE COUNTY. WE ARE PROCESS WITHOUT AS WELL.

WE WILL IMMEDIATELY AND WILLFULLY PROVIDE THIS DOCUMENTATION TO THE ARCHITECTURAL CONTROL PERMIT PERMITTING, THE HOA FOR PROCESSING AND KEEPING WITH THE DEED RESTRICTIONS. AND I TURN IT BACK TO YOU WITH ANY QUESTIONS.

>> RICHARD? >> BRAD, JEFF COPIES OF THE EMAILS THAT YOU HAVE SENT BACK

AND FORTH WITH CHRISTINE? >> I DON'T HAVE THE PRINTED. I WILL PRINT THEM AND GET THEM

TO MARIE. I DO HAVE THOSE, YES. >> I LIKE TO SEE THEM BEFORE A VOTE IF YOU HAVE THEM. I SEE PEOPLE SHAKING THEIR HEAD BACK THERE THAT THEY HAVE NOT RECEIVED SUCH EMAILS. I JUST WANT TO CLARIFY THAT. I'M NOT AGAINST THIS AT ALL.

>> NEITHER ARE THEY APPEARED IS JUST A MATTER PROCESS. WE CAN PROVIDE THAT.

THERE'S NO WAY TO PRINT IT RIGHT NOW, I'M SORRY TO LAPTOP. I WASN'T SURE WE NEEDED AN ANIMAL FROM CHRISTINE HART TO DEFEND AGAINST A PRIVATE MATTER WHICH IS A DEED RESTRICTION

THROUGH HOA ON THE ZONING MATTER. >> YOU STATED YOU HAVE THOSE AND SHE SHAKING HER HEAD NO. I GUESS THAT'S HER SITTING THERE.

HIS. >> IS CHRISTINE HART HERE? MAYBE SHE SHOULD COME I THINK

THAT'S UP TO THE BOARD . >> JUST TO CLARIFY, SHE WORKS IN THE OFFICE, SHE IS NOT THE OFFICE MANAGER. I'M NOT QUITE SURE WHY SHE WOULD BE GIVING ADVICE AND ACC.

>> THAT'S NOT HER SITTING BACK THERE? >> OKAY, I WILL PUT THE LAPTOP

UP. >> GREAT THANKS. >> AS I SAID I'M NOT OPPOSED TO

THIS AT ALL. >> MARIE I WILL PROVIDE THIS TO YOU HARD COPY JUST FOR TESTIMONY AND RECORD. WE CONSUME INTO THAT. CHRISTINE HART IS WHO WE WERE TOLD TO GO TO TO START THIS PROCESS FOR THE HOA. I CAN READ IT AND I CAN PROVIDE THIS. THIS IS JUNE 6. WE HAVE STUFF BACK FROM JANUARY.

I SUBMIT IT NOW THE ACC WILL NEED TO WAIT UNTIL THE MEETING ON THE 15TH TO DECIDE.

[00:40:01]

THAT IS CERTAINLY OUR PREFERENCE. WE'VE BEEN ASKING OVER AND OVER TO MEET AND GET IT ON THE BOARD TO BE HEARD. THEY'VE BEEN WAITING FOR THIS HEARING. I DON'T KNOW WHAT ELSE TO PROVIDE.

>> OKAY, THANKS. I APPRECIATE IT. >> ADDITIONALLY FOR THE RECORD I WOULD LIKE TO STATE THAT MR. STANTON DID STATE HE REPRESENTS HIMSELF AS A PRIVATE SENTENCE IN AND OUT SOMEONE ON THE HOA BOARD AND CANNOT SPEAK THE HOA BOARD HIMSELF.

IS NOT LISTED IN THE PROPER RADIUS OF HER NOTIFICATIONS AS LEGAL COMPETENT STANDING CITIZEN WITHOUT IMPACT AREA. HE IS A RESIDENT OF THE NEIGHBORHOOD WHICH HAS NOTICED BY THE ROLES OF THE NEIGHBORHOOD BILL OF RIGHTS. I WANTED TO MAKE THAT

CLARIFICATION. >> OKAY, THANKS. ANYBODY ELSE HAVE QUESTIONS? I HAVE ONE. I HEARD SO MUCH REFERENCE TO 79 Ã73 THIS COULD BE DIRECTED TO STAFF. IS THAT THE IMPLEMENTING ORDINANCE FOR THE PUD?

>> IT WAS A MODIFICATION THAT WAS DONE. THE PUDWAS IMPROVED IN 1974 BY

ORDINANCE 74 Ã16. >> SO THERE IS NO SEPARATE ORDINANCE THAT DEALS WITH SOME

SORT OF MATTER HERE IN THE SHORES? >> TO THE BEST I CAN TELL, NO SIR. IT'S A PUD ORDINANCE THAT WAS A MODIFICATION THAT WAS DONE TO

THE 74 ORDINANCE. IT IS 79 Ã73. >> WHAT'S HAPPENING HERE IS

WERE MODIFYING IF WE AGREE TO THIS. P>> YES, SIR THROUGH MINOR

MODIFICTION. YES SIR. >> OKAY.

HER BACK INTO THE AGENCY FOR A MOTION. MEGAN?

>> MOTION TO APPROVE MINOR MOD 2023 Ã02 SAINT AUGUSTINE SHORES DAYCARE AND PRESCHOOL

BASED ON FACT AS PROVIDED IN STAFF REPORT. >> SECOND BY JACK.

A FIRST BY MEGAN.NY DISCUSSION? I HAVE ONE THING TO SAY.

THIS BOARD MAKES DECISIONS WITH REGARD TO THE COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT

[3. MINMOD 2023-04 Case Residence (104 Seychelles Ct).]

WE DON'T MAKE DECISIONS AS TO BOUNDARY DISPUTES AND THINGS OF THAT MATTER.

THAT'S NOT WHAT WERE HERE FOR. THAT'S WHAT THIS IS ALL ABOUT TODAY.

THANK YOU. LET'S REGISTER THE VOTE. THAT MOTION PASSES 6 ÃTHE MAC.

ALL RIGHT, THAT'S MOE TO ITEM NUMBER MRS. SMITH AND MRS. JOHNSON.

GOOD GOSH THIS IS A POWERFUL PAIR RIGHT HERE. >> THAT'S RIGHT.

IT'S LADIES DAY AT THE PODIUM. [LAUGHTER]. FOR THE RECORD WITH ME IS CORA

JOHNSON WHO WAS THE PRESIDENT OF GENERATION HOMES. >> LET ME INTERRUPT YOU FROM MOMENT. ANY X PARTAKE COMMUNICATION? SORRY.

>> BEFORE I GET STARTED I WANT TO THANK THE STAFF FOR GETTING US HERE TODAY.

AS YOU KNOW IN THE HOMEBUILDING BUSINESS TIME IS MONEY. LITERALLY.

WE APPRECIATE THE OPPORTUNITY TO BE HERE. WE WILL MAKE THIS QUICK BUT HOPEFULLY THIS IS RELATIVELY EASY. WHAT WERE TALKING ABOUT, THE PROPERTIES LOCATED WITHIN THE SEYCHELLES NEIGHBORHOOD WHICH IS IN CRESCENT BEACH.

YOU CAN SEE THE LOCATION ON THIS MAP. EAST OF A 1A BUT, NOT ON THE OCEANFRONT. YOU SEE IT IS A COMMUNITY WITH ONE MASTER WROTE IN AND OUT.

HERE IS AN AERIAL PHOTOGRAPH. YOU SEE AGAIN HERE'S A 1A. THERE IS ONE OAD THAT COMES IN FROM THE COMMUNITY AND THIS IS THE LOT WE ARE TALKING ABOUT. IT'S A SECOND ONE IN FROM A 1A. JUST GIVING YOU THE FUTURE LAND USE IGNATION RESIDENTIAL SEE AND THE ZONING IS PS A D. THIS WAS DONE IN 1987. WHAT WERE TALKING ABOUT TODAY IS A MINOR MODIFICATION TO THAT FOR THIS PARTICULAR LOT. THE MINOR MODIFICATION SEEKS TO DO 2 THINGS. ALLOW FOR LIVING SPACE ON THE FIRST FLOOR OF THE UNIT.

THE PST SAYS THERE CAN'T BE LIVING SPACE ON THE FIRST FLOOR.

IT HAS TO BE ON THE SECOND AND THIRD. ALTHOUGH, I WILL SHOW YOU IN A MINUTE HOMES THAT HAVE LIVING SPACE ON THE FIRST FLOOR. THAT WERE APPROVED BY YOUR OARD OR GENERATIONS OF YOUR BOARD. AND FOR THE REDUCTION OF THE REQUIRED SETBACK TO 2 FEET IN

[00:45:01]

IT IS 2 STORIES AND YOU SEE THE SIDE YARD SETBACK AND WITHOUT AIR CONDITIONING UNIT THAT WOULD BE IN THE SIDE YARD. HERE IS A PHOTOGRAPH OF THE LOT.

YOU SEE AND SLANTED DOWN BECAUSE YOU'VE GOT THE DUNE SYSTEM OUT THERE.

THIS IS THE HOUSE NEXT DOOR. BUT YOU CAN SEE ON THE RIGHT-HAND SIDE.

IT'S ALSO MENTIONED THERE IS A 10 FOOT EASEMENT IN THE REAR OF THIS PROPERTY THAT ALLOWS PEOPLE WHO LIVED IN TREASURE BEACH NOT WITHIN THIS COMMUNITY BUT, IN OTHER PARTS OF TREASURE BEACH TO ACCESS THE BEACH. THAT'S WHAT THIS RAMP LOOKS LIKE.

IT'S WITHIN THE EASEMENT WHICH MAKES IT VERY DIFFICULT TO HAVE ANYTHING IN YOUR REAR YARD BECAUSE OF THIS 10 FOOT EASEMENT. WHICH IS WHY THE MECHANICAL EQUIPMENT NEEDS TO BE IN THE SIDE YARD. THIS IS INFORMATION THAT IS IN YOUR PACKAGE. GENERATION HOMES PUT TOGETHER THIS COMPARISON OF EACH LOT WITHIN SEYCHELLES. YOU CAN SEE THERE ARE SEVERAL EXISTING 2 HOMES.

THERE IS ONE, 2 AND 3 THAT WERE ALREADY APPROVED IN THIS MMUNITY.

THE LOCATIONS ARE SHOWN. WE ARE TALKING ABOUT A PROPOSED 2 STORY HERE, A 2-STORY NEXT DOOR AND ADJACENT TO THAT. THEN ONE ACROSS THE STREET. I ALSO SEE THE AREAS THAT HAVE FOR THE AIR-CONDITIONING UNITS ARE ALREADY APPROVED IN THE SIDE YARDS.

WITHIN THAT 5 FOOT SETBACK. HERE IS THE PICTURE AGAIN OF ONE OF THE 2-STORY HOMES.

ANOTHER OF THE 2-STORY HOMES. 3RD OF THE 2-STORY HOMES. AND SO, WE APPRECIATE STAFFS WORK ON THIS TO GET US HERE TODAY. WE'RE HERE TO ANSWER WHATEVER

QUESTIONS YOU MIGHT HAVE. THANK YOU FOR YOUR ATTENTION. >> ALL RIGHT, ANY OTHER QUESTIONS FOR THE APPLICANT? DO WE HAVE ANY SPEAKER CARDS? WE ARE BACK INTO THE AGENCY FOR

A MOTION. MEGAN? >> MOTION TO APPROVE MINOR MOD

[4. REZ 2023-03 Elkton Center.]

REPORT. >> A MOTION BY APPROVAL BY MEGAN.

APPROVAL BY RICHARD. ANY DISCUSSION? HEARING NONE, LET'S REGISTER TO VOTE. MOTION TAXES 6 ÃCMAC. SUCCESSFUL LADIES.

SEE YOU TER. ALL IGHT. MS. TAYLOR.

>> GOOD AFTERNOON, KAREN TAYLOR 77 SARAGOSSA STREET. UNFORTUNATELY MY CLIENT, HE LIVES IN COSTA RICA AND IS UNABLE TO BE HERE TODAY. SO ANYWAY, I WILL HAVE TO BE ABLE TO ANSWER ANY QUESTIONS IF YOU HAVE ANY. THIS IS THE ELKTON CENTER REZONING. THIS IS FROM COMMERCIAL GENERAL AND RESIDENTIAL SINGLE-FAMILY 3 TO COMMERCIAL RURAL. JUST A BROAD LOCATION SHOWS YOU WHERE IT IS.

IT'S HARD TO GET LOCATIONS OUT HERE BECAUSE IT'S SO FAR OUT. ANYWAY, THE AREA OF ELKTON IS IN HERE. YOU CAN SEE SAINT AMBROSE CHURCH, 305 GOES UP AND DOWN AND THEN HERE'S 207. THIS BRINGS IT IN CLOSER TO SHOW YOU WHAT ELSE IS AROUND IT. THEN, THIS IS THE LITTLE TOWN OF ELKTON BASICALLY.

IT GIVES YOU THAT IDEA. THIS IS A SUBJECT PROPERTY. THE RESIDENTIAL BACK INTO THIS AREA FROM ROSE AVENUE. THIS IS 207. THERE SAINT AMBROSE CHURCH AND HERE IS 305. AS FOR THE LAND USE, FUTURE LAND USE IN ALL OF THIS AREA EXCEPT FOR THE ONE PIECE YOU SEE THAT WOULD BE IN THE COMMERCIAL IS RURAL COMMERCIAL.

MY CLIENT OWNS OTHER ONES OF THIS PARTICULAR AREA AS WELL. WE'VE BEEN REZONING THEM AS WE GO. AS YOU GET TO THE FULL AREA YOU SEE ALL THE COMMERCIAL IS SET IN ONE PARTICULAR AREA IN THIS ELKTON AREA. AS FOR ZONING, IT'S KIND OF STRANGE. THIS ONE HAS A DOUBLE ZONING ON IT.

THE FRONT IS THIS COMMERCIAL GENERAL AND THE BACK IS RESIDENTIAL.

[00:50:06]

THERE IS A BIT OF CI THERE AS WELL. ANOTHER THING TO SHOW YOU THE ISOLATION OF THAT. THE REQUEST IS TO REZONE .76 ACRES AT THAT INTERSECTION.

TO BRING IT INTO COMPLIANCE WITH THE RURAL COMMERCIAL LAND USE THAT COVERS IT AND PROVIDE A CONSISTENT ZONING BECAUSE THERE IS DOUBLE ZONING RIGHT NOW.

IT'S 4 LOTS. THEY RUN BETWEEN 207 AND AN OPEN STREET BEHIND IT WHICH IS ALL OF STREET. IT'S CURRENTLY IN OFFICE. IT WAS A REMODELED HOME FROM A LONG TIME AGO. IT WAS USED AS A VETERINARIAN CLINIC BY DOCTOR SHELTON WHO HAD THE PET CLINIC NEXT DOOR. DOCTOR SHELTON DIED A LITTLE WHILE AGO.THAT IS STILL SHELTON VETERINARIAN CLINIC FOR YEARS. WHEN HE FINALLY BOUGHT THE PIECE NEXT-DOOR THIS ONE FROM HIS WIFE USED THIS AS AN ACUPUNCTURE CLINIC FOR NUMBER OF YEARS. DURING ALL THAT TIME THE BACK PIECE WAS USED PARTICULARLY WHEN IT WAS A VET CLINIC EVEN THOUGH IT WAS RESIDENTIAL. IT WAS USED FOR PUTTING HORSES THAT MIGHT HAVE TO GET THERE EARLY OR THINGS LIKE THAT. HE WAS A VET THAT DID ALL SORTS OF DIFFERENT ANIMALS. IT HAS THAT CG ZONING. THE RS 3 DOESN'T ALLOW FOR THOSE KIND OF USES. THAT THEY HAVE BEEN ACCESSORY TO IT.

THE RURAL COMMERCIAL LAND USE COVERS ALL THE THINGS THAT IT'S SUPPOSED TO BE AND IT'S ALREADY THAT LAND USE. THE COMMERCIAL RURAL ZONING HAS THAT SAME TYPE OF CATEGORIES WHICH IS THE NEIGHBORHOOD BUSINESS AS WELL AS THE RULE COMMERCIAL, L, CULTURAL AND NEIGHBORHOOD BLIC SERVICE RESIDENTIAL AS AN ACCESSORY. SOME PICTURES.

THAT'S A VET CLINIC NEXT DOOR. THUS LOOKING SOUTH. YOU CAN KIND OF SEE THAT.

THAT'S FROM THE SITE IMMEDIATELY SOUTH JUST THE OTHER ACTIVITIES THERE.

THERE'S JIM'S RESTAURANT, THERE IS A REPAIR PLACE. THIS IS THE HOUSE THAT'S ON THE SITE. THIS IS THE DEPONENT OF THE SITE RIGHT NOW.

THIS IS LOOKING TO THE NORTH JUST AS THE SITE DOES AND HE HAS FENCED IT.

RIGHT NOW THERE ISN'T ANYONE IN IT. THIS IS AGAIN LOOKING NORTH.

THERE'S NOT MUCH ELSE THERE. THE CHANGE WE FEEL IS APPROPRIATE.

RESOLVE THAT CONFLICT. PUTS IT IN CONFORMANCE WITH THE LAND USE.

IT'S CONFUSING WHEN YOU HAVE CG ZONING PICTURE ONLY GET CERTAIN USES THAT ARE ALLOWED UNDER THAT TYPE OF LAND USE. IT CERTAINLY IS COMPATIBLE.T MEETS ALL THOSE REQUIREMENTS ALONG THERE FOR THE SAME ZONING THE SAME TYPES OF USES. IT'S REALLY WELL BUFFERED FROM THE PROPERTIES BEHIND IT BECAUSE THERE'S A UN-OPEN STREET PLUS A LOT OF UNDEVELOPED LOTS AND THINGS LIKE THAT. THAT SHOULDN'T BE A CONCERN.

IT'S REALLY NOT FEASIBLE TO OPEN UP THAT ROAD EITHER. CONSISTENT WITH THE POLICIES, GOALS AND ACTIVES OF THE COMPREHENSIVE PLAN AND COMPATIBLE.

HELP IT MEETS THE NEEDS OF THE COMMUNITY A LITTLE BETTER BY GETTING THIS.

HAVE ALL THE REQUIRED BUFFERS AND THAT ADDITIONAL BUFFERING. WE ARE REQUESTING A

RECOMMENDATION FOR APPROVAL. >> DOES ANYBODY HAVE ANY EX PARTE COMMUNICATIONS TO

DECLARE? ALL RIGHT, RICHARD? >> OF ONE CLARIFICATION QUESTION AND I'M NOT AGAINST THIS AT ALL. YOU SHOWED A GRAPHIC IF I'M NOT INCORRECT THAT THE PROPERTY WAS 95 FEET BY 865 FEET? IS THAT CORRECT? THAT COMES OUT TO ONLY 15,675 SQUARE FEET WHICH IS JUST OVER 3RD OF AN ACRE.

>> EITHER GOT ONE OF THE MEASUREMENTS WRONG. >> THAT'S WHAT I'M WONDERING.

>> I WILL CHECK THAT. >> IT'S REALLY .76 ACRES. >> IT IS.

I MUST HAVE MADE AN ERROR IN MY CALCULATIONS. >> ANY OTHER QUESTIONS? ANY SPEAKER CARDS? BACK INTO THE AGENCY FOR A MOTION.

MEGAN? >> MOTION TO RECOMMEND APPROVAL OF REZONING 2023 Ã03 ELKTON

[Agency Reports]

[00:55:11]

FAIRFAX PROVIDED IN STAFF REPORT. >> MOTION APPROVED BY MEGAN SECOND BY ¦ LET'S REGISTER THE VOTE. WE ARE AN AGREEABLE BUNCH TODAY. MOTION PASSES 6 Ã0. WE WILL MOVE BACK INTO OUR REGULAR

BUSINESS. ANY STAFF REPORT? >> NO SIR.

>> REMINDER TO THE AGENCY MEMBERS. WE ARE NOT HAVING A MEETING IN THE FIRST MEETING OF JULY. IT IS COUNSEL. BRING YOUR SLEEPING BAG AND PILLOW FOR THE SECOND MEETING IT SOUNDS

* This transcript was compiled from uncorrected Closed Captioning.