[00:00:35]
I WOULD LIKE TO ATTEND THIS MEETING ON APRIL 1ST OF THE JONI ZONING AND ADJUSTMENT BOARD.
>> I WILL READ THE PUBLIC NOTICE. THIS IS A PROPERLY NOTICED PUBLIC HEARING IN ACCORDANCE WITH THE REQUIREMENTS OF THE FLORIDA LAW. THE THE PUBLIC WILL BE GIVEN A OPPORTUNITY TO COMMENT ON TOPICS. BE GIVEN AN OPPORTUNITY OFFER COMMENT A DESIGNATED TIME DURING THE HEARING. AND A MEMBER OF THE PUBLIC DESIRING TO SPEAK MAY DO SO BY FILLING OUT THE SIGN IN SHEET AVAILABLE IN THE FOYER.
THE PUBLIC SHALL SPEAK AT A TIME DURING THE MEETING ON EACH ITEM FOR ANY LENGTH OF TIME IS DESIGNATED BY THE CHAIRMAN WHICH WILL BE THREE MINUTES. BECAUSE IDENTIFY THEMSELVES TO THE REPRESENT AND THEN STATE THEIR ADDRESS FOR THE RECORD.
THE SPEAKERS MAY OFFER SWORN TESTIMONY IF THEY DO NOT THE FACT THE TESTIMONY IS NOT SWORN MAY BE CONSIDERED BY THE AGENCY IN DETERMINING THE WEIGHT OR TRUTHFULNESS OF THE TESTIMONY.
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE HEARING SUCH PERSONS WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THE VERBATIM RECORD OF THE PROCEEDINGS IS MADE -- RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PHYSICAL OR DOCUMENTARY EVIDENCE PRESENTED DURING THE HEARING SUCH AS DIAGRAMS CHARTS PHOTOGRAPHS WRITTEN STATEMENTS SHALL BE PROVIDED TO THE CLERK FOR INCLUSION INTO THE RECORD. THE RECORD WILL THEN BE AVAILABLE FOR OTHER BOARDS AGENCIES COMMITTEES OR THE COUNTY IN A REVIEW OF THEIR APPEAL RELATED TO THEM. AGENCY MEMBERS ARE REMINDED THE BEGINNING OF EACH ITEM THEY SHOULD STAY WHETHER THEY'VE HAD ANY COMMUNICATION WITH THE CLIENT THE APPLICANT OR ANY OTHER PERSON REGARDING THE SUBSTANCE UP TO THE ITEM OUTSIDE THE FORMAL HEARING OF THE AGENCY. IF SUCH COMMUNITIES AND HAS OCCURRED AGENCY MEMBERS SHALL THEN IDENTIFY THE PERSONS INVOLVED IN THE MATERIAL CONTENT OF THE COMMUNICATION. DISABILITY CLAUSE. WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE. WE WILL
[Meeting Minutes for Board Approval: 9/11/23, 12/04/23, 01/08/24]
DIRECT ALL COMMENTS TO THE ISSUES. AND WE WILL AVOIDPERSONAL ATTACKS. >>> IN THE INTEREST OF THE AGENDA I WANT TO HAVE US GO BACK AND LET'S DO OUR PLEDGE
OF ALLEGIANCE. >> OUR FIRST ITEM IS MEETING MINUTES FOR BOARD APPROVAL FROM SEPTEMBER, DECEMBER AND JANUARY OF THIS YEAR. EVERYBODY READ DO WE HAVE ANY COMMENTS? THE SEPTEMBER 11TH MINUTES. ON PAGE 3 , THE MIDDLE OF THE PAGE IT SAYS THE OWNER JOHN PATTON SHOULD BE JOHN PAYTON.
I DO NOT OWN GATE PETROLEUM. IT WAS WISHFUL THINKING.
>> THAT WAS THE ONLY CORRECTION I HAD.
>> THE MOTION TO APPROVE WITH THE CORRECTION FROM PATENT TO
>>> WE HAVE A MOTION AND A SECOND. CALL A VOTE.
>>> WE WOULD DO A VOICE VOTE. >> MR. PATTON.
[1. VACROA 2023-04 Ferrell-Becker Petition. The applicant has requested the vacation of a portion of unopened and unimproved Second Street North right-of-way. The right-of-way vacation being requested is located within the Sun Valley Subdivision/plat in Ponte Vedra Beach. Based on staff's review thus far, no party will be unreasonably affected by the requested vacation.]
>> WE ARE NOW OPEN FOR PUBLIC COMMENT ON ANY ITEM THAT IS NOT ELSEWHERE ON THE AGENDA. IF ANYBODY HAS ANYTHING THEY WOULD LIKE TO DISCUSS THAT IS NOT GOING TO BE DISCUSSED ELSEWHERE ON THE AGENDA THIS IS THE APPROPRIATE MOMENT.
>>> SEEING NONE WE WILL MOVE ON TO OUR VERY FIRST ITEM VA CRO A 2023 E- 04. FARRELL BECKER PETITION.
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>>> WE COULD HAVE THE APPLICANT COME UP AND MAKE THE
PRESENTATION. >>> SURE. JUST BEFORE HE BEGINS YOU CAN COME FORWARD SARAH. CHRISTINE SENIOR ASSISTANT COUNTY ATTORNEY FOR THE RECORD. THIS IS A QUASIJUDICIAL ITEM SO YOU SHOULD GO FOR YOUR EX PARTE DISCLOSURES. THIS WILL BE FOR RECOMMENDATIONS OF THE BOARD OF COUNTY COMMISSIONERS.
THIS IS ONE OF THE RARE CIRCUMSTANCES WE ARE DEALING WITH A PLANT LOCATED WITHIN THE OVERLAY THE FIRST STOP IS TO
DISPORT FOR RECOMMENDATION. >> UNFAMILIAR WITH THE PROPERTY. I HAVE NOT SPOKEN TO ANYONE IN RELATION TO THIS
ITEM. >> I AM FAMILIAR WITH THE PROPERTY AND I HAVE NOT SPOKEN WITH ANYONE ON THIS ITEM.
>> I HAVE NOT SPOKEN WITH ANYONE. I VISITED THE SITE.
>> I'M FAMILIAR WITH THE SITE AND I HAVE NOT SPOKEN TO ANYONE
EITHER. >>> UNFAMILIAR WITH THE SITE AND I HAVE NOT SPOKEN TO ANYONE.
>> GOOD AFTERNOON CHAIRMAN MEMBERS OF THE BOARD. THANK YOU VERY MUCH FOR YOUR TIME. I WAS HOPING THERE WILL BE A BIT MORE EVERY CROWD. WE ARE HERE TO TALK ABOUT VA CRO A 2023'S DASH 04. PETITIONING TO RIGHT-OF-WY TO THE SOUTH OF THE PROPERTY WHICH WE OWN. MY NAME IS JEFF FERRELL. THE PROPERTY SUBJECT PROPERTY IS HIGHLIGHTED HERE. THE TWO PROPERTIES TO THE NORTH THAT YOU CAN SEE OUTLINED. THE TWO PROPERTIES IN WHICH WE INTEND TO BUILD. THE ROAD GOING NORTH AND SOUTH IS A ONE A. EVERYONE IS FAMILIAR. JUST FOR A DIFFERENT REPRESENTATION SECOND STREET NORTH WHICH IS THE PUBLIC RIGHT-OF-WAY HIGHLIGHTED IN BLUE OR SURROUNDED IN BLUE AND THE TWO PROPERTIES THAT WE OWN ARE IN RED. THE WAY I UNDERSTAND IT IS WHEN THE DEVELOPMENTS THE REST WEST WAS CONCEIVED AND DESIGNED THE RIGHT NUMBER OF ACCESS POINTS TO GET ACCESS IN AND OUT OF THE COMMUNITY. OVER A PERIOD OF TIME WHICH HAPPENS NORMALLY PLAN CHANGES. THEY AMENDED THEIR PLANS. THIS WAS NO LONGER AN ACCESS POINT IT IS NOT A CUL-DE-SAC. THIS ROAD SECOND STREET NORTH GOES RIGHT INTO THE BACK DOOR OF AN EXISTING HOME WHICH IS BEEN THERE FOR A NUMBER OF YEARS. YOU CAN'T REALLY BE BUILT AS A ROAD. AGAIN REQUESTING IT BE DISSOLVED. WHY ARE WE ASKING WHY AM I IN FRONT OF YOU TODAY? TO ELIMINATE THE PUBIC ROADWAY. THERE IS NO NEED THERE'S NOT GOING TO BE ENROLLED THERE. THIS ENABLES US AT THE PROPERTY OWNER TO THE NORTH TO ASSIST DEVELOPMENT GOALS. WE DO THIS IN A NUMBER OF DIFFERENT PLACES. THE BEST WAY TO BUILD A HOUSE -- [INAUDIBLE] BUT ALSO POSITION IT WELL IN THE LOT. THERE ARE A LOT OF TREES. SEVERAL OF YOU SAID YOU MENTIONED GOING TO THE PROPERTY. THERE IS A NUMBER OF TREES ON THE FRONT OF THE PROPERTY ALL THE WAY THROUGH IT IS WHAT IT. REPOSITIONING AS I WILL SHOW YOU A MOMENT THE ACTUAL LOT LINES AND I WILL GO BACK FOR REFERENCE. THEY GO NORTH AND SOUTH. THERE IS ONE THAT FACES A ONE A AND ONE BEHIND IT WHICH IS LANDLOCKED.
DEVELOPING AS THEY SIT IS AN OPTION. IT REQUIRES US TO PUT A COMMON ROADWAY IN. AND TO DRIVE BOYS OFF AT THAT WHICH IN TRANSLATION IS MORE CLEARING. SHIFTING THE LOTS THE WAY WE WANT ALLOWS US TO PUT A 25 YARD SETBACK 25 FOOT SETBACK IN THE REAR. MEANS MORE RETAINED TREES. SEVEN AND HALF FEET ON THE SIDE AND A LARGE FRONT SETBACK. IT ENABLES US TO DEVELOP THE PROPERTY WITHOUT CLEARING AS MUCH WITH THE ADDITIONAL ROAD. ADDITIONAL SETBACKS. TO CREATE A SINGLE LOT SINGLE AXIS ENTRY OFF OF A1 A -- DRIVEWAYS ON THE MAIN ROAD. REDUCING IMPACT TO NOT ONLY OUR HOMES BUT THE ADJACENT HOMES. HOMES IN THE REAR THAT OUR EXISTING THAT HAVE BEEN THERE FOR MANY YEARS. WE WANT TO REDUCE THE IMPACT OF OUR PROJECT TO THOSE HOMES. BY RETAIN ALL THE VEGETATION THAT WE CAN ON THE PROPERTY. [INAUDIBLE] WILL ALLOW US TO KEEP AS MANY TREES AS POSSIBLE PARTICULARLY ON THE REAR OF THE PROPERTY. ADJACENT TO THIS EXISTING OWNERS. THIS IS THE PROPOSED ORIENTATION. IN ORDER TO DO THIS IT TAKES 25 FEET OF THE 50 FOOT RIGHT AWAY AND ABSORBS IT INTO THE PROPERTIES THAT WE OWN. THE REMAINDER GOES TO OTHER ADJACENT PROPERTIES.
IN THIS WAY WE CAN CREATE SETBACKS TO GIVE ME FURTHER DISTANCE FROM BOTH A1 A AND THE REAR PROPERTY RETAIN MORE VEGETATION. THERE IS THE SETBACKS DRAWN ON THE DRAWING.
25 FOOT IN THE REAR. AGAIN WE WOULD DO A COMMON DRIVEWAY THAT WILL COME IN -- I'M GOING TO DRAW [INAUDIBLE]. THIS IS THE [INAUDIBLE]. GREAT DISTANCE AND WE WILL HAVE A LONG DRIVEWAY BACK TO THE HOMES. AND THEN IT WILL SPLIT INTO TWO GARAGES. WE WILL PUT THOSE INSIGHT -- EVERYTHING ELSE
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WILL KEEP AS MANY AS THE TREES AS POSSIBLE. THAT IS A GRAPHICAL REPRESENTATION OF WHAT WE WOULD LIKE TO BE ABLE TO DO. GRAY BEING THE PROPOSED DRIVEWAY IN THE GREEN AREAS IN THE REAR WHICH IS 25 FOOT OF EXISTING THESE ARE THINGS WE HAVE TO PLANS. [INAUDIBLE] IT IS THICK. WE WOULD RETAIN ALL OF THAT AS WELL. ENABLING DISSOLVING THE RIGHT-OF-WAY ENABLES US TO DEVELOP THESE LOTS IN THIS WAY. IN CONTRAST TO DEVELOPING THEM LIKE THAT WHICH YOU CAN IMAGINE THE AMOUNT OF SPACE [INAUDIBLE] THE ÚSAME SIZE TO SCALE. A LOT LESS ROOM TO WORK WITH WHICH MEANS A LOT MORE CLEARING. OUR GOAL IS TO CHECK TO KEEP AS MANY TREES THERE AS WE CAN. AND ONLY AGAIN FOR US BUT [INAUDIBLE]. THAT CONCLUDES MY PREPARED REMARKS.I'M HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.
>>> ONE QUESTION PROBABLY TWO QUESTIONS FOR STAFF.
CURRENTLY, WHAT COULD BE BUILT ON THE ACCESS EASEMENT?
>> GOOD AFTERNOON. TRANSPORTATION DEVELOPMENT. SO THAT IS NOT AN ACCESS EASEMENT. IT IS A DEDICATED RIGHT-OF-WAY.
IT IS INTENDED FOR INFRASTRUCTURE. ROADWAY INFRASTRUCTURE WOULD BE A GENERIC IMPROVEMENT YOU WOULD
EXPECT IN THAT. >> IT IS OWNED A ROAD COULD BE
BUILT ON THAT. >>> CORRECT. SECOND STREET NORTH DEDICATED FOR THE ROADWAY.
>>> WHO IS PAYING TAXES ON THAT PIECE OF LAND?
>> IT IS UNDER COUNTY DEDICATION. THERE WOULD BE NO
TAXPAYER. >> IF THE PROPOSAL GOES FORWARD, THE OWNERS OF THAT LAND WOULD PAY TAXING TAXES ON
IT. >> IF THE COUNTY GIVES UP THE RIGHTS TO THE LAND IT BECOMES TAXABLE PROPERTY TO THE
ADJACENT PROPERTY OWNERS. >> HOW BIG ARE THE HOUSES
INTENDED TO BE ON THOSE LOTS? >> THESE ARE TWO 2800 SQUARE
FOOT . ONE LEVEL. >> THAT YOU DEVELOP THE HOUSES
>> THIS IS YOUR FIRST DEVELOPMENT HERE?
>> IN THIS GENERAL AREA. WE HAVE OTHERS.
>> 2800 SQUARE FEET. THANK YOU. >> JOHN TOOK MY QUESTION.
ALMOST OF THE NORTH IS THERE SOMETHING ARE YOU FAMILIAR
WITH THAT QUESTIONING >> I AM FAMILIAR. I'VE BEEN IN THERE A NUMBER OF TIMES. SIMILAR TO THAT ALTHOUGH OUR GOAL IS TO RETAIN AS MANY TREES AS POSSIBLE. SPEAKING WITH ONE OF THE NEIGHBORS TODAY I JUST BELIEVE WE NEED TO KEEP THE SHADE AS MANY TREES AS WE CAN KEEP IS A GOOD THING FOR A HOME IN FLORIDA. IT KEEPS THE HOUSE AND BACKYARD COOL. THAT WOULD BE OUR INTENT TO KEEP AS MANY AS POSSIBLE. [INAUDIBLE].
>> IN THE PACKET OF INFORMATION WHICH I THINK YOU HAVE SEEN THERE IS COMMUNICATION FROM NEIGHBORS IN THE DEVELOPMENT OF THE WEST. HAVE YOU BEEN IN CONTACT WITH THE MAJORITY OF THOSE? HAVE YOU COME ACROSS MORE OBJECTIONS TO THIS? REQUESTING YOU THOUGHT YOU MIGHT. TALK ABOUT THE COMMUNICATION YOU PAT WITH THE FOLKS IN THE SUBDIVISION?
>> I WOULD SAY IT IS PRETTY TRADITIONAL COMMENT BASED ON DOING ANY DEVELOPMENT. ADJACENT GOING TO BE WORRIED ABOUT THE IMPACTS. I SPOKE WITH -- A NUMBER OF TIME. HE HAS MADE ME AWARE OF THE CONCERNS. I'VE SPOKEN WITH OR EMAILE WITH OUR NEIGHBOR DIRECTLY BEHIND US. SHE'S MADE SEVERAL -- [INAUDIBLE]. RIGHT HERE . HAPPY TO SPEND TIME WITH HIM AS WELL. THE MAIN CONCERN IS MAKING SURE WE ARE DOING THE BEST WE CAN TO RETAIN AS MUCH AS THE VEGETATION IS POSSIBLE. THAT IS OUR GOAL. IT WAS OUR GOAL BEFORE IT WAS RAISED AS A CONCERN. AS I'VE COMMUNICATED IT IS IN OUR BEST INTEREST TO KEEP US ME TREES AS POSSIBLE. IT KEEPS THE HOUSE COOL IN THE YARD USABLE. AND IT GIVES PRIVACY FOR NOT ONLY THE OWNERS OF THE HOUSE [INAUDIBLE] BUT THE AT JASON'S.
THE SAME GOALS IN THIS CASE MR. WILLIAMSON HAS, THE NEIGHBORS [INAUDIBLE] THEY ALL WANT TO SHADE THE PRIVACY.
[INAUDIBLE]. IT IS A PRIORITY. >>> CORRECT ME IF I'M WRONG ONCE THAT HOUSES SOLD AND THE HOMEOWNER HAS THE ABILITY TO CLEAR ANY AMOUNT OF TREES ON THEIR PROPERTY THAT THEY WANT.
AND SO WHILE IT IS NICE TO SAY YOU WANT TO MAKE SURE YOU PRESERVE THE SHADE YOU CAN'T COMMIT THAT FOR THE NEXT HOMEOWNER THAT WILL BUY THAT AND HE MAY VERY WELL DECIDE TO
CUT THE TREES. >> I CAN'T GUARANTEE WHAT ANYBODY IN THE FUTURE IS GOING TO DO. I WILL SAY THE TREES THERE ARE SEVERAL THAT ARE PROTECTED TREES. SO DOING IT WITHOUT A PERMIT WILL BE A PENALTY. MAGNOLIA TREES [INAUDIBLE] BIG CHUNKS. NOT ONLY DO WE NOT WANT TO DO IT
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BECAUSE OF PROTECTING THE TREES AND ALSO BIG EXPENSE TO IT.THERE ARE A LOT OF PROTECTED SPECIES -- YES THEY COULD PICK LIKELY WITHOUT NOT GOING TO A PERMIT PROCESS.
>> I GUESS MY FIRST QUESTION IS FOR STAFF. WHAT RIGHTS DOES THE CURRENT LANDOWNER HAVE TO BUILD A SECOND STREET NORTH AS
A COUNTY ROAD? >> THEY WOULD HAVE TO APPLY FOR A PERMIT. THEY WOULD HAVE TO HAVE THE ROADWAY ENGINEERED RENEWED BY STAFF. PERMITTED BONDED CONSTRUCTED AND THEN THEY WOULD MAINTAIN MAINTENANCE ON THAT ROADWAY FOR 26 MONTHS POST AZBILL. AFTER THAT THE COUNTY WOULD ABSORB MAINTENANCE -- A PUBLIC ROAD. IT WOULD BE THE COUNTY MAINTENANCE BURDEN FROM THAT POINT FORWARD. BUT RIGHT NOW ANYBODY WHO WANTED TO BUILD THAT ROAD COULD APPLY FOR A PERMIT AND HAVE IT CONSTRUCTED. WOULD HAVE TO MEET THE ROADWAY DESIGN
STANDARDS. >> JUST OUT OF CURIOSITY IF A FIRETRUCK CANNOT POSSIBLY TURN AROUND THAT. THERE IS NO WAY
TO BUILD A COUNTY ROAD THERE . >> THE FIRETRUCK REQUIRES IF IT IS GOING TO BE A LONGER ROAD THE 150 FEET THEY CAN'T BACK DOWN. IF IT IS 150 FEET UNLESS THEY HAVE THE ABILITY TO -- ANY LONGER THAN 150 FIGHT FEET THEY WOULD HAVE TO PROVIDE A
TURNAROUND. >> THANK YOU SIR. HOW IS THIS MIGHT BE INTERESTING QUESTION. HOW IS OWNERSHIP WHEN ABANDONING COUNTY PROPERTY HOW IS THAT DIVIDED?
>> GENERALLY THE LOT OWNERS ON EITHER SIDE RETAIN THE FEE INTEREST. THE DEDICATION IS ACTUALLY EASEMENT IN TERMS OF WHAT THE TYPE OF PROPERTY RIGHT IT IS. THERE IS UNDERLYING FEE OWNERSHIP. THAT IS A GENERAL STATEMENT. THERE ARE OTHER FACTORS DEPENDING ON CIRCUMSTANCES. THIS IS PRETTY A PRETTY GENERAL SCENARIO WHERE THE ADJOINING LOT OWNERS WOULD HAVE WHICH SHARE THE INTEREST IN THAT VACATED
RIGHT-OF-WAY. >> THANK YOU MA'AM.
>>> AND NOW YOU POINTED OUT THE RETAINED VEGETATION ON YOUR SLIDE. ARE YOU REQUESTING VEGETATION NATIONAL BUFFER? DO
YOU SEE MY QUESTION? >> IF I HAD THE RIGHT AT A HEARING FOR THE ROADWAY ABATEMENT I WOULD PROFFER IT WE WOULD NOT TOUCH THAT. IT IS NOT I CAN'T IT IS MY UNDERSTANDING I CANNOT PLACE A CONDITION ON THE APPROVAL BECAUSE IT IS NOT A LAND USE. IT IS AN ASSET. WE WERE DOING THIS IS A [INAUDIBLE] I WOULD PROFFER GENTLEMEN'S POINT WE ARE NOT GOING TO TAKE THE TREES DOWN. WE COULD DO IT AS A CONDITION OF THE DISSOLVING THE RIGHT-OF-WAY WE WOULD. IT IS NOT THAT IS NOT PART OF WHAT THIS PROCESS IS SO I CAN'T VOLUNTEER TO DO THAT. BUT I WOULD PICK IT WITH ME MY INTENTION TO LEAVE.-- I'M NOT FAMILIAR WITH THE PROCESS YOU'RE TALKING ABOUT. DEDICATION OR PUTS IT UNDER AN
EASEMENT. >> I HAVE NOT DONE ONE OF THESE STYLE PLATS BUT ON MY PLATS WE DO BMPS QUITE REGULARLY. AS A PART OF THE PLANNING PROCESS. IT IS AN EASEMENT ON THE PROPERTY. IN THIS CASE MIGHT BE A LITTLE MORE INTENSE THAN WHAT YOU REALLY NEED BECAUSE YOU DON'T HAVE THE RIGHT TO PULL OUT. YOU CAN MOLD INSIDE OF A BMB.
MOWING STAFF CAN ALWAYS CORRECT ME. I CAN MOLD WITH A BUSH HAWK. SO PALMETTOS IN THOSE KIND OF THINGS CAN GO.
THE IDEA IS TO SAVE TREES THAT ARE OF A CERTAIN SIZE. I THINK IT IS FOUR INCHES. IN LARGER INTERIOR AND THREE INCHES ON THE BOUNDARY. YOU KNOW YOUR FINISH FOR ELEVATION OF THIS
PROPERTY? >> WE HAVE NOT DONE THIS IS THE EXTENT OF THE SURVEY AND PLAN WORK WE HAVE DONE. POST BECAUSE I DON'T KNOW IF I'M GOING TO BE ABLE TO DO THIS
[INAUDIBLE] . >> CAN YOU TELL ME THE CURRENT SIDE SETBACK FOR LOT 2? THE CURRENT LOT AS IT IS?
>> SURE. [INAUDIBLE] . A-1 A IS THE FRONT. [INAUDIBLE] THE WAY TO DEVELOP THIS AS IS IS TO PUT IN A ROAD HERE [INAUDIBLE] WERE LIKELY SHARED DRIVEWAY. THEN PUT IN
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DRIVEWAYS HERE [INAUDIBLE] . DOING THAT AS YOU CAN SEE REALLY LARGE SETBACKS PLUS I'VE GOT TO CARVE OFF THE ROAD -- IT CLEARS THE SITE. WE LOOKED AT IT AS AN OPTIMAL WAY TO KEEPAS MANY TREES AS POSSIBLE. >> THANK YOU SIR. DO WE HAVE
ANY OTHER QUESTIONS? >> CHAIR IF I MAY. JUST FOR A POINT OF CLARIFICATION TO THE APPLICANT. I'M NOT -- TYPICALLY [INAUDIBLE] FRONT YARD SETBACKS ARE ATTRIBUTED TO WHENEVER THEY ARE ADJACENT TO A ROADWAY. IN THIS INSTANCE IN YOUR EXAMPLE WHAT YOU'RE PROVIDING YOU ARE CORRECT THERE WOULD BE A FRONT ALONG A-1 A. BUT I THINK YOUR SECOND FRONT WOULD BE ALONG SECOND STREET NORTH. THE INTERIOR SIDES THAT GO EAST TO WEST I BELIEVE THOSE WOULD GO [INAUDIBLE].
THE REAR WOULD BE APPLIED TO THE NORTHERNMOST PROPERTY LINE.
I DON'T HAVE LASER FOR YOU. I THINK WE COULD SEE IT IS THE FURTHEST NORTH TO THE TOP OF THE PROJECTOR. I THINK THOSE WOULD BE YOUR REAR PROPERTY LINES.
>> THE WEEDS AND WE STARTED GOING DOWN THIS PATH IS BECAUSE WE WERE INITIALLY TOLD BECAUSE THE STREET COULD THEORETICALLY BE BUILT [INAUDIBLE] THAT WOULD BE A ROAD TO NOWHERE.
THIS FRONT LOT HERE IS A CORNER LOT. 25 FEET 25 FEET. AND THEN THIS ONE WOULD BE 25 FEET HERE. REAR LOT OF 25. THAT IS WHAT
-- >> I THINK THE WAY YOU EXPLAINED IT INITIALLY YOU MAY HAVE MENTIONED THAT MIDDLE LINE IN BETWEEN THE TWO PROPERTY LINES WAS GOING TO BE ALSO A FRIEND. I JUST WANTED TO CLARIFY.
>> BASED ON THAT THE LINE BETWEEN LOT TWO AND ON THE WESTERN SIDE WOULD ONLY HAVE A 7 1/2 FOOT SETBACK.
>> AGAIN I'M SORRY I'M TRYING TO SEE WHICH ONE OF
THESE. >> THE RECTANGULAR LOT. SO THAT WOULD BE A 7 1/2 FOOT FOR THE LOT THE LINE IN BETWEEN THE TWO. THAT IS ADJACENT TO LOT TWO AND LOT THREE.
>> UNDER THE CURRENT PLAN THERE WOULD BE A LOT LESS TREES AS A BUFFER TO THE HOUSES IN SUMMERFIELD.
>> YOU WOULD ONLY GET A 7 1/2 FOOT SETBACK.
>> SO HIS SOLUTION IS A GOOD SOLUTION. VERSUS WHAT
PROTECTING TREES. THANK YOU. >> I WOULD LIKE TO OPEN THANK YOU SIR. I WOULD LIKE TO OPEN IT UP FOR COMMENTS FOR THIS
PARTICULAR APPLICATION. >> BEFORE YOU BEGIN IS A CLOCK RIGHT HERE. I WILL START IT WHEN YOU ARE READY. YOU
HAVE THREE MINUTES. >> IF YOU WILL GIVE US YOUR
NAME AND ADDRESS. >> MY NAME IS WILLIAM MCCOLGAN MY ADDRESS IS 116 MEADOW CREST LANE IN SUMMERFIELD. WHICH IS MY PROPERTY IS WHERE THE RIGHT-OF-WAY BACKS UP TO MY PROPERTY ON THE PICTURE THAT YOU SAW. I'M THE ONE THAT IS MOST IMPACTED BY WHAT IS GOING TO BE DONE AND HOW IT IS GOING TO BE DONE. I TALKED WITH THE BUILDER TODAY AND HE ASSURED ME HE WILL BE ECOLOGICALLY SOUND AND ENVIRONMENTALLY SOUND IN THE AREA. I'M JUST AS CONCERNED AS YOU ARE CONCERNING THE ECOLOGICAL ENVIRONMENTAL IMPACT ON THE AREA. AND I'M JUST TRYING TO PROTECT AS HE IS, THE AREA THEY WILL BE BUILT. I APPRECIATE YOU ALL BEING CONSCIOUS I WAS THE ONE -- ONE OF THE LETTERS TO YOU. YOU SAW WHAT I WAS TRYING TO SAY. JUST TRYING TO KEEP THE PRIVACY FOR ALL PARTIES INVOLVED. MAINLY BECAUSE OF THE FACT THEY ARE BUILDING A PROPERTY THEY WANT TO SELL AND GET THE MOST OUT OF IT. I ALSO WANT TO PROTECT SUMMERFIELD IN THE FOREST THAT HAS BEEN THERE FOR 33 YEARS. I'VE BEEN THERE FOR 33 YEARS. I WAS ASSURED AT ONE TIME THE RIGHT-OF-WAY WOULD NOT BE GIVEN UP. BUT OF COURSE I DID NOT KNOW THE RULES AND DID NOT KNOW THE LAW. TODAY I'M RUNNING THE LAWS AND RULES AS WE GO ALONG. BUT, ANYWAY THANK YOU FOR YOUR CONCERN AND EXCELLENT QUESTIONS TO BE ABLE TO MAKE THIS THING AS ACCOMMODATING AS POSSIBLE FOR ALL OF US. AGAIN I'M JUST A NOVICE GENTLEMAN. THIS IS THE SECOND TIME I'VE BEEN HERE TO SAY SOMETHING. SO IF YOU WOULD CONTINUE TO PROTECT MY INTEREST IN MY NEIGHBOR'S INTERESTS.
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BECAUSE THE ONLY REASON I'M HERE IS BECAUSE THE PROPERTY THAT WAS BUILT BEHIND MY NEIGHBOR'S HOUSE WAS TOTALLY CLEAR-CUT. JUST TOTALLY TAKE IT DOWN. WITH NO REGARD WHATSOEVER FOR THE ENVIRONMENTAL IMPACT AT ALL.SO, IMMEDIATELY WHEN I HEARD IT WAS GOING TO HAPPEN AND THE FACT THEY MIGHT BUILD A ROAD TO THE BACK OF MY PROPERTY THAT WOULD'VE BEEN TOO MUCH. SO I REALLY HAVE TO COMMEND THE BUILDER FOR SEEING THAT REALITY AND PROTECTING US. AS NEIGHBORS. TO BE ABLE TO DO IT RIGHT. SO, IF YOU ALL COULD CONTINUE TO DO THAT I REALLY AM NOT QUITE SURE HOW THE LINES ARE GOING TO BE DRAWN. IN TERMS OF THE GENTLEMAN TO THE SOUTH.
I JUST WANT TO TRY TO HAVE AS MUCH OF A BUFFER AS POSSIBLE. I DON'T KNOW HOW THE LAND IS GOING TO BE DIVIDED FOR EVERYBODY. IT SEEMS LIKE IT WILL BE TO THE BUILDER'S DISCRETION. I'M JUST HERE AS A CONCERNED MEMBER OF SUMMERFIELD AND I HAVE OTHER NEIGHBORS OBVIOUSLY 300 FEEDBACK ALL CONCERNED AS WELL. IF YOU GENTLEMEN COULD BE MINDFUL AS YOU SEEM TO BE ABOUT WHAT OUR NEEDS ARE IN TERMS OF SUMMERFIELD JUST BEEN THERE FOR A VERY LONG TIME.
AND I'M SURE YOU WANT TO PROTECT THAT ENVIRONMENT. THANK
YOU. APPRECIATE YOUR TIME. >>> IF YOU WILL TELL US YOUR NAME AND ADDRESS BEFORE YOU START.
>> I LIVE AT 568 A-1 A NORTH. I AM BOTH THE HOMEOWNER AS WELL AS THE BUILDER DEVELOPER FOR THE TWO NORTH PROPERTIES.
HAIR CLUB FOR MEN. I'M ALSO ONE OF THE OWNERS. I'M HERE TODAY TO SHOW MY SUPPORT FOR THE PROPOSED VARIANCE HAVING GONE THROUGH THIS EXERCISE MYSELF A COUPLE YEARS AGO UNFAMILIAR AS FAR AS WHAT THE DRIVEWAYS. ALSO CURRENTLY THE ORIGIN OF THIS VARIANCE IS THAT SECOND STREET THAT WAS PLANTED IN THE 1940S. AS A CROSSROAD. OF COURSE WITH THE DEVELOPMENT OF SUMMERFIELD THERE IS NO PURPOSE FOR THAT RIGHT NOW.
THERE IS ALSO A VARIANCE DIRECTLY SOUTH OF MY PROPERTY.
THAT IS OWNED BY THE COUNTY THAT UNFORTUNATELY IS NOT ABLE TO BE ABANDONED BECAUSE IT DOES HAPPEN EASEMENT SET.
UNFORTUNATELY THAT CANNOT BE ABANDONED. IT IS UNATTENDED.
THERE IS TRASH THERE. IT CAN'T REALLY IT IS ONLY MAINTAINED BY THE COUNTY. AND I FEEL THAT IF THE PROPOSED ABANDONMENT WAS OWNED BY THE HOMEOWNERS COME OF COURSE WITH THEIR INTEREST IN MARKETING THAT IT WOULD BE MORE PROPERLY MAINTAINED. I'M HERE TO SHOW MY SUPPORT FOR THAT.
>>> THANK YOU VERY MUCH. >> DO WE HAVE ANY MORE
COMMENTS FROM THE PUBLIC ? >> SEEING NONE I'M GOING TO CLOSE THE PUBLIC COMMENT. OPEN IT UP IT'S A BOARD MEMBER
DISCUSSION. >> I'M IN FAVOR OF THIS. I THINK IT IS A GOOD USE OF A PIECE OF LAND THAT WOULD NEVER BE USED OTHERWISE. IT TAKES IT FROM BEING OWNED BY THE COUNTY TO BEING OWNED BY SOMEBODY AND SOME TAXES PAID ON THAT PIECE OF LAND. THE SOLUTION AS FAR AS HAVING A BIGGER SETBACK ON THE WEST SIDE OF THE PROPERTY IS A BETTER IDEA THEN HAVING THE 7 1/2 FOOT SETBACK. I AM IN FAVOR OF THIS.
>>> I TOO AM IN FAVOR. I WANT TO TOUCH ON SAM'S COMMENTS TO STAFF ABOUT IS THERE A WAY TO DEEM THAT SETBACK IN THE BACK IS AN AREA THAT CANNOT BE REMOVED TREES? IS THERE A WAY
TO DO THAT DURING THIS PROCESS? >> IN THIS PROCESS PER SE, NO. THE QUESTION IS WHETHER THE COUNTY IS GOING TO VACATE THE PUBLIC INTEREST IN THE RIGHT-OF-WAY. THAT PUBLIC INTEREST IS FOR RIGHT-OF-WAY CONSTRUCTION. SO WE ARE TALKING ABOUT A DIFFERENT PROPERTY . BUT, THAT BEING SAID, IF THE APPLICANT WANTED TO OFFER TO REPORT A CONSERVATION EASEMENT ALONG THAT 25 FOOT WIDTH OF THOSE WHETHER IT BE JUST ON LOT TWO OR WHATEVER AREAS THAT HE PLANS TO HAVE THAT OFFER. A CONSERVATION EASEMENT COULD SERVE A PURPOSE OF GIVING THAT
PERMANENCE. >> THANK YOU. I THINK THAT IS
SOMETHING -- >> I'M SORRY WE NEED YOU TO
[00:30:02]
TURN THAT -- THANK YOU. >>> I AGREE WITH IF WE CAN FIND A WAY TO APPROVE IT WITH A CAVEAT THE CONSERVATION BUFFER
BE PLACED IN THE FUTURE PLAT. >> SORRY CHRISTINE, WILL THIS REQUIRE EVERY PLAT TO CHANGE THE LOTS AS HE HAS BECAUSE YOU'RE GOING FROM HORIZONTAL TO VERTICAL.
>> NOT NECESSARILY. THEY ARE NOT CHANGING THE CONFIGURATION OF THE LOT YOU ARE NOT GOING TO SEE A RE-PLAT. BUT YOU CAN STILL CREATE A LEGAL DESCRIPTION USING THE CURRENT
LOTS DESCRIPTIONS. >> TO DESCRIBE WHERE THAT
EASEMENT WOULD GO. >> SO IF THIS IS A RECOMMENDATION TO THE COUNTY COMMISSIONERS WE CAN INCLUDE THE CONSERVATION EASEMENT AS PART OF OUR RECOMMENDATION?
>> YES >> I JUST WANT TO MAKE SURE I UNDERSTAND. I THINK WE CAN DO A CONSERVATION EASEMENT WHEN WE SUBMIT THE SITE PLAN FOR APPROVAL. SEPARATE FROM THIS PROCESS. AT THAT POINT WE WOULD BE ABLE TO GO THROUGH AND GET TOPOGRAPHY SURVEYS -- I DON'T THINK I WOULD WANT TO PUT A CONSERVATION EASEMENT ON WHOLESALE. THERE IS SOMETHING THAT NEEDS TO BE CLEANED BECAUSE IT IS DEAD. WE WOULD NEED TO SURVEY AND SAY WILL PUT THESE TREES UNDER CONSERVATION FOR THIS AREA OTHER IT BE 25 FEET -- DEPENDS ON WHERE THE TREE CANOPY LAYS. THIS IS ALL NEW TO ME. THERE IS A DISTANCE FROM THE TRUNK THAT YOU HAVE TO PRESERVE AND ALL THESE THINGS. WE ARE HAPPY TO DO IT. I JUST DON'T KNOW EXACTLY WHAT THE DIMENSIONS ARE GOING TO BE. IT WILL DEPEND ON WHAT WE SEE WHEN WE MAP OUT THE TREES ON THE SITE. WE ARE HAPPY TO DO THAT AS PART OF MY UNDERSTANDING IT IS A BOUNDARY LINE ADJUSTMENT. THERE ARE TWO EXISTING LOTS ORIENTING THE LOT NUMBERS. THE ORIENTATION OF THE BOUNDARY OF THE LOSS CAN BE DONE [INAUDIBLE]. WHATEVER IT IS -- TO EXPLORE WHETHER OR NOT THAT IS A TREE BY TREE BASIS OR ON A DISTANCE. HOWEVER WE NEED TO DO IT. I'M HAPPY TO.
>> THANK YOU SIR. CHRISTINE ONE MORE QUESTION. WHAT HAPPENED DECIMATE WHAT HAPPENS TO THE I'M GOING TO CALL IT THE SOUTHERN PIECE OF SECOND STREET NORTH? WE APPROVE THE ABANDONMENT AND WITH THE CONDITION THAT CONDITION WOULD NOT APPLY TO THE SOUTHERN PORTION, CORRECT?
>> NO. NO. IT WOULD NOT APPLY TO THE SOUTHERN PORTION. WE DON'T HAVE THAT INFORMATION OR THAT OFFER BEFORE US EITHER. I'M NOT SURE HOW THEY PLAN TO USE WHAT THEY WOULD
ACQUIRE. >> WITH THE SOUTHERN PORTION ÚOF THE SECOND STREET NORTH AUTOMATICALLY -- SEEDS OF THE SOUTHERN LANDOWNER OR IS THAT DOES HE HAVE TO COME BEFORE
COMMITTEE? >> THAT IS A FUNCTION OF STATE LAW. COMMON LAW. THE COUNTY'S ACTION ITSELF THE VACATING OF THE PUBLIC INTEREST DOES NOT CONVEY ANY PROPERTY RIGHTS.
JUST SO YOU KNOW. THE OWNERSHIP OF THE UNDERLYING FEE INTEREST IS GOVERNED BY STATE LAW AND COMMON LAW.
>> THANK YOU. >>> I'M PRETTY SURE I'M IN AGREEMENT WITH EVERYBODY HERE. WE SUPPORT THE RECOMMENDATION OF THIS WITH THE CONDITION THE APPLICANT ATTEMPTED TO SAY THAT SHE'S. THE TREES. LET THE COUNTY COMMISSION FIGURE OUT EXACTLY HOW THAT FUNCTION SHOULD PROPERLY WORK. IF
SOMEONE WANTS TO MAKE A MOTION. >> I WILL MAKE A MOTION TO RECOMMEND APPROVAL OF THE VA CRO 820 23 E- 04 FERRELL BECKER POSITION. VACATE -- OPEN PORTION OF THE RIGHT AWAY KNOWN AS SECOND STREET NORTH LOCATED WITHIN THE SUN VALLEY SUBDIVISION WITH THE CAVEAT THAT THERE IS AN ATTEMPT TO SAVE AS MANY TREES AS POSSIBLE ALONG THE WESTERN EDGE.
>> DO I HAVE A SECOND? >> SO -- YOU SAID THERE IS A MOTION. YOU SET THE WESTERN EDGE. WHICH MEANS THE 25 FOOT
[00:35:04]
SETBACK WITH RECONFIGURED LOTS. OKAY. I SECOND.>> I HAVE A MOTION AND A SECOND. CAN WE CALL FOR A VOTE?
>> IT IS NOT WORKING. >> THERE HE GOES
[Staff Report]
>> THERE IT GOES. >> MOTION PASSES 5-0.
[Board Report]
>> THAT IS GOING TO DO IT FOR VA CRO 820 23 E- 04.
CONGRATULATIONS. MOVE ON TO STAFF REPORT. IF STAFF HAS
ANYTHING TO REPORT. >> NOTHING TO REPORT FROM
STAFF. >>> QUESTION BRANDON DOES IT LOOK LIKE ON THE AGENDA WE'RE GOING TO HAVE A MEETING IN MAY?
>> IT DOES >> I HAVE TWO ITEMS CURRENTLY LINED UP. HOPEFULLY THAT WORKS FOR EVERYBODY.
>> WHAT ABOUT JIM ? IS IT TOO FAR AHEAD? WHAT ABOUT JOAN.
>> YOU GUYS CAN EMAIL ME AND LET ME KNOW YOUR AVAILABILITY.
>> I'M OUT AND JOAN >> I AM TOO. I WAS GETTING THAT PROCESS GOING. I WILL BE OUT OF THE COUNTRY IN JUNE.
>> WE MAY HAVE A NEW MEMBER BY JUNE. WE NEED AT LEAST
FOUR. >> THAT
* This transcript was compiled from uncorrected Closed Captioning.