[1. ZVAR 2024-10 Guerra Fence Variance. Request for a Zoning Variance to Section 2.02.04.B.12 of the Land Development Code to allow for portions of a fence to be developed at a developed at a height of eight (8) feet and ten (10) feet, as shown on the provided site plan, in lieu of the six (6) foot and four (4) foot maximum height requirements along the western property boundary, specifically, at 5513 Sunset Landing Circle.]

RESOURCED. THIS IS BASED ON REAL DATA FIGURES. NOT SOMEBODY'S PERCEPTIONS OF REALITY. OR SOMEBODY'S CONJECTURE. I WANT TO THANK YOU FOR YOUR TIME THIS MORNING.

>> THANK YOU VERY MUCH. >> ANYONE ELSE AND AUDIENCE HERE FOR PUBLIC COMMENT? WE ARE GOING ON TO ITEM NUMBER ONE. IS THERE ANY EX PARTE AGENCY MEMBER?

>> I HAD A PHONE CONVERSATION WITH MR. DAVENPORT LAST WEEK.

>> ACTUALLY SPOKE WITH A LITTLE BIT OF HISTORY IN THE MEDIA.

>> THANK YOU. >> HERE TODAY WITH MY CLIENT.

SITTING IN THE FRONT ROW. PROPERTY IN QUESTION, 5513 SUNSET LANDING. IF YOU ARE NOT FAMILIAR WITH IT, IT IS BETWEEN BROTHER BEACH AND CRESCENT BEACH. IT IS KIND OF LIKE AN ISLAND ON THE END. THAT LOCATION I HAVE HAD TO SHOW.

THE REQUEST, IS TO MAKE A PORTION FOR THE SITE AND AFTER

[00:10:08]

THIS. GOING BACK TO THE HOUSE. SHOWING ON THE SITE PLAN. THIS IS WHERE THE DECK IS. THIS IS THAT CORNER OF THE PROPERTY.

JUSTIFICATION IS THE UNUSUAL SIDE AND SHAPE. THIS IS FROM PREVIOUS AREAS. THIS IS ON THE CORNER. IT IS BENT. THEY ACTUALLY HAVEN'T BEEN IN THE HOUSE. BASICALLY, SETBACKS FROM BOTH SIDES ON THE STREET. THAT'S BASICALLY THE ONLY PLACE THAT THE HOUSE COULD BE. IT SITS ON TWO FRONTAGES. IT IS ELIMINATED FROM A USEFUL BACKYARD. HE BASICALLY HAD TO DECIDE THE THROWING CODE AS HIS BACKYARD. BASICALLY PUTS HIM RIGHT THERE ON HIS NEIGHBOR'S DRIVEWAY. BACK DECK, RIGHT UNDERNEATH IT. THE OTHER MAJOR FACTOR FOR THE HEIGHT, FIRST ONE ON THE INTERIOR PART OF THE SUBDIVISION. OVER 20 YEARS AGO, HE BUILT HIS HOUSE. SECOND FLOOR. THEY BUILT HIS HOUSE.

IMMEDIATE NEIGHBOR. OVER 20 YEARS LATER. INFLICTING CONCERNS AND STUFF LIKE THAT. FIRST FLOOR, BASICALLY GARAGE.

AREAS IN THE SECOND FLOOR, VETERANS ARE SEPARATE FROM THE THIRD FLOOR. THIS INCLUDES THE LIVING AREAS LOOKING DOWN. THIS

IS IN HIS BACKYARD. >> THIS IS A SHOT OF THE AREA.

THIS IS TO THE REAR. CAN SEE IT. BACK OF THE PROPERTY. YOU CAN SEE THE EDGE. IT HAS BEEN SCREENED WITH A LOT OF BAMBOO.

THIS IS PART OF THE FENCE PORTION. YOU CAN SEE IT FROM THE SIDE OF THE ROAD. THIS IS THE BACKYARD THAT THEY HAVE HAD TO USE OVER THERE. YOU CAN SEE A LITTLE BIT OF THE FENCE. YOU CAN SEE TO THE LEFT, HOW IT WAS DOWN SIX FEET. THIS IS FOR ANOTHER FACTOR. I WILL LET YOU KNOW. YOU CAN'T SEE THE FENCE AT ALL. FROM THAT SIDE, YOU CAN'T SEE THE FENCE AT ALL.

ONLY PLACE YOU COULD SEE THE FENCE WAS IN THE SLOT. NO APPLICANT FOR THE HLA. THEY AGREE TO ALL OF THIS FROM THE BEGINNING. WHAT LED US TO ALL OF THIS, LOOKING AT THE BASES.

GUIDELINES FOR DRIVING, IT STARTS BEHIND THE TREE. THEY HAVE GONE OUT THERE AND LOOKED AT IT. I REALLY DON'T SEE WHAT IT IS LIKE. 25 MILE AN HOUR SMALL ROAD. BIG CURVE. THERE'S REALLY NOTHING THAT HE WAS OBSTRUCTING. THIS IS JUST THE

OTHER BACKYARD. >> THIS IS PART OF THE BACKSIDE. AGAIN, THIS IS BASICALLY TO ACCOMMODATE HOW THESE ARE MUCH BIGGER THAN THE OTHER. CREATING SOME PRIVACY FOR THE PEOPLE. SHORT SECTION. THIS IS YOUR REQUIRED JUSTIFICATION. SCREEN FOR VEGETATION. NEIGHBORS ARE OKAY WITH IT. WITH THAT, I WILL TAKE MORE QUESTIONS.

[00:15:01]

>> ANY OTHER QUESTIONS? SEEING NONE, ITEM NUMBER ONE.

>> MOTION TO APPROVE ZONING VARIANCE. SIX CONDITIONS AS

[2. ZVAR 2024-06 Whole 9 Yards Outdoor Storage. Request for a Zoning Variance pursuant to Section 6.06.04 of the Land Development Code to allow for 10/A buffering and screening in lieu of the 30/C requirement, specifically located at 5285 Big Oak Rd S.]

PROVIDED. >> ANY DISCUSSION? NINE.

NUMBER TWO. >> PHONE CONVERSATION WITH THE OFFICE SECRETARY. LAND OWNER BY PHONE. GETTING PERMISSION.

>> ANYONE ELSE? >> I HAD A CONVERSATION.

>> OKAY. >> GOOD AFTERNOON. 255 81 9 SOUTH. HERE TO TALK ABOUT THE ZONING VARIANCE. THIS IS CLOSE TO THE REASON. SOME TIME AGO. GETTING TO ENGINEERING.

PROPERTY AGAIN, TO THE WEST OF U.S. ONE. HERE IN BLUE, IS THE ENTIRE PARCEL. THE ORANGE AREAS THAT YOU SEE HERE, ARE THE PORTIONS OF THE PARCEL THAT WE REQUESTED. I DO UNDERSTAND THAT STAFF RECEIVES SOME CORRESPONDENCE. HOWEVER THIS WEEK, WE ARE NOT ASKING FOR ANY VARIANCE OR ANYTHING ALONG THAT RIGHT-OF-WAY. WE WILL ADDRESS THEM LATER IN THE PRESENTATION.

THERE FOR DISTRICT, IT IS THE PROPERTY OWNER TO THE SOUTH.

AND TO THE WEST. INDUSTRIAL WAREHOUSE. THIS IS THE MASTER SITE PLAN. EXISTING HERE ON BIG OAK ROAD. SOUTHWEST CORNER. THE REST OF THIS IS BEING LAID OUT. IF THE ZONING REQUEST ON THE NORTH EASTERN BOUNDARY IS HERE, WE ARE JUST ASKING FOR RELAXATION. LOOKING AT THE SETBACK REQUIREMENTS. YOU HAVE LETTER OF SUPPORT FROM YOUR NEIGHBOR HERE. TO THE SOUTH.

THE AIRPORT PROPERTY IS AN EXISTING STRUCTURE. THAT WOULD NEED TO BE DEMOLISHED TO BE REUSED. THIS IS WITHIN THE PROPOSED 30 C SETBACK. WE ARE ASKING FOR THEM TO UTILIZE THE EXISTING STRUCTURE. THE AIRPORT AUTHORITY OWNS THE PROPERTY TO THE SOUTH. COULD BE RESIDENTIAL. STILL BEING ASSUMED OF A RESIDENTIAL OFFER. AGAIN, THREE LOCATIONS, WHERE WE ARE ASKING FOR THAT. QUICK SECTION ON THE STANDARDS AVAILABLE. 30 C BUFFER, REQUIRES 30 FEET, 10 FEET TALL IN THE PLANTINGS. 10 FOOT A SCREENING, IS PRETTY CONSISTENT HERE, WITH THE REQUIREMENTS FOR THE BUFFERING AND THE SETBACKS.

PHYSICAL COMPONENTS. THE ACTUAL HAS BEEN RAISED TO 10 FEET.

>> THE COLORS ARE LOOKING AT THESE AREAS. FIRST SECTION, YOU CAN SEE THAT WE HAVE THE PROPOSAL ALONG THE WATER. HEAVY PLANTINGS, AND CANOPY TREES. THIS IS ALONG THE PERIMETER FOR THE EXTRA BUFFER. JUST A CROSS-SECTION, SHOWING FOUR TREES. SECOND LOCATION. AGAIN, THE PROPOSED FENCE. PLANTING A

[00:20:04]

15 FOOT SETBACK. 10 FOOT BUFFER. THIS IS THE SECTION ON BIG OAK ROAD. JUST WANTED TO SHOW EVERYBODY. I KNOW THAT THE BUFFER HERE WAS LOOKING AT ANOTHER CONVERSATION. 15 FOOT BUILDING SETBACK PROPOSED WITH A 10 FOOT BUFFER. THE COMPONENT THAT CAME UP THIS WEEK WAS THE NEIGHBORS ASKING AT THIS POINT IN TIME, FOR A -- AN EIGHT FOOT FENCE INSTEAD OF A SIX FOOT FENCE. THE APPLICANT IS WILLING TO DO THAT. THE APPLICANT IS WILLING TO PUT THAT INTO THE SCHEDULE. AS WE GET TO THAT SOUTHERN BOUNDARY HERE, YOU CAN SEE THE EXISTING SHED COMPONENT. 25 FEET FROM THE PROPERTY LINE. WE ARE PROPOSING THE 15 FOOT SETBACK. THIS IS IN CONJUNCTION WITH THE I-W BUFFER ALONG THE SIDE. THIS SECTION, ALSO SHOWS STORMWATER BUFFERING. WITH THE SINGLE-FAMILY RESIDENTIAL NEIGHBORHOOD THAT WE HAVE. AGAIN, PROPOSING ADDITIONAL PLANTINGS. THIS INCLUDES A 10 FOOT BUFFER. JUST A QUICK TABLE HERE. LOOKING AT THE PROPOSED BUFFERING. LOOKING AT THE DEVELOPING CODE. THE HARDSHIP. WE ARE LOOKING AT THE COST OF ANY CONTRADICTORY NATURES. THIS IS WHERE WE ARE PROPOSING. WE ALSO HAVE SOME TOPOGRAPHIC REASONS HERE. THIS IS EVERYTHING ADJACENT. WE JUST TALKED ABOUT MAKING THAT AN EIGHT FOOT FENCE. THIS IS NOT A PROBLEM. AGAIN, WE ARE ASKING FOR A REDUCTION. WE HAVE THE ADDITIONAL PAINTINGS. WITH THAT, I WILL ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE

HEARD >> A COUPLE OF POINTS WITH IT.

SECTION D. I ASSUME, THEY WILL CARRY THE WATER. I'M WONDERING ABOUT THE ADVISABILITY. ULTIMATELY, THIS COULD LIKE IN 10 YEARS OR SO. I'M WONDERING IF THAT SHOULD BE THE EIGHT FOOT FENCE AS WELL. ASKING FOR COMMENTS AND QUESTIONS.

>> BEING ADJACENT, THIS IS MADE UP AFTER PRESSURE TREATING.

MOST FENCES DON'T HAVE A LIFECYCLE LONGER THAN 10 YEARS.

>> SECTION D. >> THEY GET FANCY WITH THIS.

TOO MUCH ANIMATION. D D, THAT IS LABELING. FENCES RIGHT HERE.

PROPERTY LINE IS RIGHT HERE. THE FENCE IS BACK HERE. THE

LABEL. >> MY MISTAKE. THIS IS IN THE

TEXT ALSO. GOOD. THANKS. >> HI. THANK YOU. I DID NOT THIS -- SEE THE EMAILS FROM SUPPORT. CAN YOU SHOW THE

DIAGRAM? >> WE ARE PROPOSING THE EIGHT

FOOT FENCE. >> YES.

>> EIGHT FOOT FENCE. THIS IS ALONG THE ROAD. SOUTH RIGHT

AWAY. >> THERE IS A BIG, BEAUTIFUL, CONCRETE BLOCK. THAT WOULD HAVE TO BE DEMOLISHED. I WILL BE IN

[00:25:04]

FAVOR OF THIS. THANK YOU. >> YOU MENTIONED, THE NORTHEAST CORNER. WILLIAM'S RECOVERY. YOU HAVE A LETTER OF SUPPORT?

>> YES SIR. >> WE TRIED.

>> YOU NOTIFIED THEM IF THEY HAD NOT RESPONDED?

>> ANY OTHER QUESTIONS? >> ARE YOU PROPOSING TO BUILD A

NEW BUILDING? >> NEW BUILDINGS PROPOSED, ARE ALONG THIS WESTERN BOUNDARY HERE.

>> THEY HAVE MORE OPEN AIR, POLE BARN STORAGES.

>> THEY ARE NOT SUBJECT TO THIS REQUEST.

>> YOU ARE ASKING FOR THE CRYPTIC SYSTEM?

>> ACCESS. STRICTLY OFF OF IT?

>> THAT IS CORRECT. ALL THE ACCESSES ARE OFF OF BIG OAK ROAD. IF THEY HAVEN'T BEEN DEMOLISHED ALREADY.

>> THIS IS DIRECTED TO YOU, MADAM CHAIR. IS THERE ANYTHING

ELSE ADDITIONAL? >> THIS IS SPECIFIC.

>> WE WILL GO TO THE AUDIENCE. ANYONE HERE WANTING TO SPEAK ON

ITEM NUMBER TWO? >> WILLIAM ROSSIGNOL. 230 BIG

OAK ROAD. >> ACTUALLY NOT A TRAP CODE. IT IS A SERIOUS AMOUNT OF ENERGIES.

>> THIS IS ALL IT. I SPOKE WITH CHRIS. 261 BIG OAK ROAD. THIS IS PART OF THE PERIMETER. MY CONCERN, THIS IS THE HOMESTEAD.

I JUST DON'T WANT TO WAKE UP FINDING IT.

IS ON THE NORTH SIDE AND ON THE SIDE. IT WOULD BE NICE. ALL FUTURE DEVELOPMENTS. -- KEPT AT A MINIMUM. I EXPECT THE COMMERCIAL DEVELOPMENT. THIS IS ACROSS STREET. YOU CAN'T SEE IT FROM THE ROAD. THEY HAVE FACTORS THAT YOU WOULD NOT BELIEVE. THIS IS JUST PLAIN.

>> THANK YOU VERY MUCH. >> ANYONE ELSE LOOKING AT THE

ITEM NUMBERS FOR TWO? >> HEATHER HARLEY DAVIDSON.

>> I AM SO DISGUSTED WITH THESE BUILDINGS THAT ARE COMING IN, AND JUST DEPLETING OUR WILDLIFE. THE DEVELOPERS CALLED ME A TREE HUGGER. THE TREE HUGGER IS CALLED ME WITH THE DEVELOPERS. THESE DESIGNERS, NEED TO DESIGN FOR THE TOPOGRAPHY OF THE LAND. THIS IS WHAT I DID WHEN I WAS BUILDING WE ARE SAVING THE NATURAL VEGETATION. WE ARE BUYING THESE ALL AROUND THE AIRPORT. I AM NOT SURE WHY. LASTLY, COMPREHENSIVE LAND PLAN, THEY PRETEND THAT IT DOES NOT EXIST.

I REALLY FEEL LIKE WE ARE GOING TO BE A WAREHOUSE COMMUNITY, IF WE DON'T GET A GRIP. THIS IS WHAT IS GOING ON. THEY ARE AN

[00:30:04]

EYESORE. WE ARE THE OLDEST CITY IN THE NATION. IT IS UP TO YOU GUYS TOO. BEING A ZONING BOARD. STICK TO IT. I WANT TO SEE THEM BE ENVIRONMENTALLY FRIENDLY. DEVELOPERS ARE RUNNING THE SHOW. THEY TRIED TO PUT THE BUILDERS AND WITH ALL OF THIS.

THAT IS NOT THE CASE. SMALL BUILDERS ARE WORKING FOR THE DEVELOPERS. NOT MANY CUSTOM BUILDERS OUT THERE. ANYWAY, WITH THAT IN MIND, I WISH THAT YOU WOULD BE ECOLOGICALLY CONSCIOUS, WHEN YOU ARE APPROVING IT.

>> NOT GOING TO CLAP, WE ARE NOT GOING TO SAY ANYTHING. WE ARE JUST GOING TO BE QUIET. NEXT TIME YOU DO START CLAPPING, I WILL TAKE A 10 MINUTE BREAK FOR YOU GUYS TO CALM DOWN. WE HAVE A LONG MEETING. WE ARE NOT GOING TO DO ANY OF THAT. OKAY? I HEAR YOUR GIGGLES. I LOVE IT. THANK YOU. I HAVE OTHER MEMBERS. WOULD YOU LIKE TO COME UP FOR PUBLIC COMMENT?

>> BRUCE ALVAREZ, 5296. DIRECTLY ACROSS THE STREET. I DIDN'T HAVE ENOUGH TIME TO PREPARE FOR ALL OF THIS. THE NOTICE I WAS SENT, WAS FOR THE PINE DROP LIKE THIS. I DIDN'T FIGURE IT OUT UNTIL THIS WEEKEND. THIS IS ONE I WILL SHOW TO THE OWNERS. I WROTE OUT A BUNCH OF STUFF. IT DOESN'T MATTER. THEY HAVE AN EIGHT FOOT FENCE. I AM FINE WITH THAT. WE HAVE A PROBLEM THAT THERE HAS BEEN A DISCUSSION WITH US LOOKING AT THE LANDSCAPE. THIS IS WHAT I HAD TO LOOK AT. RIGHT NOW THE EXISTING SHRUBBERY TREES, OR WHAT THEY ARE, THEY LOOK HORRIBLE. HALF OF THEM ARE DYING. THIS IS GROWTH SEASON.

THEY HAVEN'T BEEN TAKEN CARE OF SINCE THEY PURCHASED THIS PROPERTY. I DON'T UNDERSTAND ALL OF THIS SYSTEM. I JUST WANT THE ABILITY TO HAVE A LITTLE BIT OF SAY IN THE LANDSCAPE.

THIS IS WHAT I WANT TO BE FORCED TO LOOK AT. I ALSO WANTED TO KNOW IN THE FUTURE, WE ARE LOOKING AT THIS OTHER PROPERTY. WILL ANY OF THE STIPULATIONS BE TREATED THROUGH THE PAPERWORK? THE STRUCTURES WILL ALLOW THEMSELVES TO BE BUILT. THIS IS GOING TO BE THEM WRITING THAT WHEN THEY SAW THAT. RIGHT NOW, I WOULD LIKE IT TO BE TEMPORARILY. THIS IS AN AGREEMENT RIGHT NOW. I DON'T KNOW.

>> ANYONE ELSE HERE TO SEEK THE ITEM? EXPLAINING? WOULD YOU

LIKE TO RESPOND? >> I THINK THE FIRST SPEAKER FROM THE EIGHT FOOT FENCE, THIS IS ON THE EASTERN BOUNDARY. TWO THE LAST SPEAKER, RELATED TO THE STATUS OF THE SITE. CRUCIAL FOR THE CONSTRUCTION PLANS OF THAT APPLICATION. WAITING TO GET THE APPROVAL ON ITS HEARING. WE HAVEN'T BEEN ABLE TO COMMENCE ANY SITE IMPROVEMENTS. GETTING THROUGH THE PROCESS. I BELIEVE YOU WILL SEE THE SITE START TO TRANSITION. THIS IS PART OF THE APPROVAL. I BELIEVE THAT APPLICANTS WILL BE MORE THAN WILLING TO SIT DOWN WITH THE REZONING. THIS IS PART OF THE CONSTRUCTION LEVEL. I BELIEVE THAT THAT APPLICANTS ARE GOOD NEIGHBORS. WE ARE GOING THROUGH

[00:35:02]

THE CONSTRUCTION PLANS. THIS IS PART OF THE POINT SELECTION.

>> C9, WE ARE BACK FOR EMOTION.

[3. MAJMOD 2024-05 Bannon Lakes PUD. Request for a Major Modification to the Bannon Lakes PUD (Ord. 2015-11, as amended) to combine the permitted office and commercial development rights; revise project phasing dates based on recent emergency declaration extensions pursuant to Section 252.363 of the Florida Statutes; clarify buffering and screening; and revise the Master Development Plan (MDP) Text and Map to reflect the proposed changes, specifically located at 250 Duran Drive.]

APPROVAL. IS THERE A SECOND? THAT MOTION PASSES. THANK YOU

VERY MUCH. >> ITEM NUMBER THREE.

>> I SPOKE WITH ELLEN AVERY SMITH A COUPLE OF DAYS AGO.

CREW TEAM. >> THIS IS NOT AN ITEM

PREVIOUSLY STATED. >> WE HAVE A LITTLE BIT MORE DEFINITION OF WHAT IS HAPPENING.

>> THIS IS A CONVERSATION. >> ON TUESDAY. --

THANK YOU. >> I'M TRYING TO REMIND EVERYBODY TO TURN OFF THEIR PHONES. WE APPRECIATE IT. THANK

YOU. >> GOOD AFTERNOON, MOUNT CHAIR, BOARD MEMBERS. I WILL INTRODUCE YOU TO OUR TEAM. THERE WE GO.

WE ARE TALKING ABOUT A 4.3 PARCEL WITHIN THE OVERALL PUD.

THIS INCLUDES CUSTOM BUILDERS. PROJECT ENGINEER, LOOKING AT THE ASSOCIATES FROM MY ERROR. THIS IS OUR PROJECT TRANSPORTATION ENGINEER. WE ALL KNOW WHERE BENHAM LAKES IS.

INTERNATIONAL GOLF PARKWAY. YOU CAN SEE THIS OUT. HERE IS INTERNATIONAL GOLF PARKWAY. I-95. SINGLE-FAMILY HOMES.

DUPLEXES DONE IN THIS AREA. THIS IS REALLY A WATER PUMP STATION. THIS AERIAL PHOTOGRAPH, IS OUTDATED. THERE IS A WENDY'S, DOLLAR GENERAL, GAS STATION, APARTMENT COMPLEX IN THIS AREA HERE. AGAIN, THE ENTIRE LAKES IS 580 ACRES. IT ALLOWS RESIDENTIAL, COMMERCIAL, OTHER OFFICES. IT IS THAT VARIETY. THIS PROJECT IS IMPROVED. 99 RESIDENTIAL UNITS.

105,000 SQUARE FEET OF COMMERCIAL SPACE. 15,000 SQUARE FEET OF OFFICE SPACE. 105,000, IMPORTANT HERE. WE ARE CONTINUING THE DISCUSSION ABOUT WHERE WE ARE ACTUALLY ASKING TO CHANGE. AGAIN, BEEN ON THE BOOKS FOR NINE YEARS. IT HAS BEEN MODIFIED A COUPLE OF TIMES. REQUESTING A MODIFICATION. WE ARE ONLY ASKING FOR A VERY FINITE NUMBER OF CHANGES. AGAIN, WE ARE TALKING ABOUT THE PROPERTY SUBJECT TO THIS. ALREADY APPROVED FOR COMMERCIAL AND

[00:40:05]

OFFICE USES. WHAT WE WANT TO DO, YOU SEE THE NUMBERS OF 15,000 AND 105,000 SQUARE FEET. COMBINED, 120,000 SQUARE FEET.

THEY WANT TO DO MORE THAN 15,000 SQUARE FEET. WE ARE JUST ASKING TO COMBINE. ADDING 15,000 AND 5000. ADDING 500,000 TOGETHER. THE PROPERTY CAN HAVE 120,000 SQUARE FEET TOTAL. THIS IS SO THAT HE CAN DO MORE THAN 15,000 SQUARE FEET. TO THE POINT EARLIER, ACCORDING TO YOUR STAFF APPOINT, THERE ARE ONLY 19,000 SQUARE FEET OF OFFICE AND COMMERCIAL DEVELOPMENT. HIS MAXIMUM 40,000 SQUARE FEET, GETTING US TO 60,000 SQUARE FEET. THIS IS ALMOST BUILT OUT. WE ARE TALKING ABOUT NOTHING THAT IS GOING TO MATERIAL CHANGE.

LOOKING AT THE MARGIN TRAFFIC AS WELL. GIVEN THE NUMBER OF SQUARE FEET, THEY WERE NEVER BUILT INTO IT. MODIFIED BY THE COUNTIES REGULATION. WE ARE REQUIRED TO UPDATE CERTAIN PARAMETERS OR CONDITIONS FROM THE PUD TEXT. WE WERE ALREADY INCLUDING EXTENSIONS. COMPLETION DATES, FOR THE BENHAM LAKES PUD. BASED ON THE EMERGENCY DECORATIONS. WE ARE CLARIFYING. WE ARE NOT CHANGING CLARIFYING THE READING AND THE SCREENING. WE WILL TALK ABOUT THIS IN A MINUTE. WE ARE GOING TO PLAN TO REFLECT THE PROJECT DEVELOPMENT WITHIN ALL OF BENHAM LAKES TODAY. ALL OF THOSE RESIDENTIAL UNITS. ALL OF THAT CONSTRUCTION. SPECIFICALLY THE MAXIMUM 40,000 SQUARE FEET.

IF YOU LOOK AT THIS MASTER DEVELOPMENT PLAN, YOU CAN SEE ALL THE REST. THIS IS THE OVERALL THAT HAS BEEN UPDATED.

THIS IS TO WHAT IS ON THE GROUND TODAY. WITHIN THAT, YOU CAN SEE IT RIGHT HERE HIGHLIGHTED IN YELLOW. I JUST WANT TO BE CLEAR. HERE IS THE USE. THERE IS A 30 FOOT ACCESS RIGHT HERE. ALWAYS BEEN IN THIS PLAN. GETTING TO THE COUNTY UTILITIES SITE. THERE IS ALSO THE HLA BUFFER AREA. THIS IS OWNED BY THE HOMEOWNERS ASSOCIATION. TO BEGIN AGAIN, YOU CAN SEE THE SINGLE-FAMILY LOTS. YOU CAN SEE THE 31ST ACCESS. THIS IS PART OF THE SITE. THAT IS ON THE PROPERTY.

YOU CAN SEE THE PROPOSED 40,000 SQUARE FOOT BUILDING. THIS IS OFF OF DURAND DRIVE. GIVING YOU A LITTLE BIT MORE FLAVOR FOR

IT. >> WE ARE PLANTING TREES. WE HAVE DONE THAT FROM STAFF. WE ARE SCREENING. GOING TO PLANT ON EAST SIDE OF THAT ROAD. RESPECTFULLY REQUEST THAT WE HAVE MODIFICATION APPLICATIONS.

>> I JUST HAVE ONE QUESTION. WHAT HAPPENED TO THE EVENT SITE

SEVERAL YEARS BACK? >> BEEN LAKES WAS ORIGINALLY PLANNED. IT INCLUDED A RECREATIONAL FACILITY THAT WAS WITHIN HIS ENTIRE AREA. THE COUNTY STAFF, I DON'T REMEMBER IF IT IS WATER, WASTEWATER, OR WHATEVER. THEY NEEDED A TREATMENT FACILITY ON THAT SITE. THE DEVELOPER, AGREED TO CONVEY THAT UTILITY SITE. AT LEAST FIVE YEARS AGO, GOING FOR COMMERCIAL USE DURING THAT WHOLE --

>> NEVER SET FOR ANY OTHER PROPERTY.

>> ISRAEL CREATION. WE ARE TALKING ABOUT THE MOMENT AREA

[00:45:08]

DID ALL THE RESIDENTIAL, INCLUDES AMENITIES, DOG PARKS, PLAYGROUNDS. ALL OF THAT STUFF THAT IS BACK IN THE RESIDENTIAL AREA. YOU CAN SEE IT RIGHT HERE, HERE ARE THE AMENITIES.

PLAY FIELDS, DOG PARK, AND THERE ARE OTHERS. IT IS VERY HARD TO SEE ON THIS PLAN. STORMWATER, AND YOU ALSO SEE SOME RECREATIONAL AREAS FIRST THROUGHOUT.

>> RECREATIONAL AREAS, THIS IS THE LOWER CENTER.

>> IS THIS PART OF THE CAPACITY?

>> I DON'T KNOW. THIS WAS THE COMMERCIAL OFFICE. AT LEAST

FIVE YEARS AGO. >> I REMEMBER WHEN IT HAPPENED.

>> WE WILL GO TO THE AUDIENCE. ANYONE WANTING TO SPEAK ON ITEM NUMBER THREE? IS THIS GOING FORWARD? SEEING NONE, WE ARE BACK INTO THE AGENCY FOR A MOTION. MR. GREEN?

>> YES. I WILL MAKE A RECOMMENDED MOTION. MAJOR MARTA

[4. MINMOD 2024-10 Retail Plant Nursery (Cacique). Request for a Minor Modification to the St. Augustine Shores PUD (ORD 1974-16, as amended) to add Retail Plant Nursery as an allowable use, specifically located at the SW Corner of Cacique Dr and Shores Blvd.]

2024-05. BASED ON SIX FINDINGS OF FACT. THIS HAS BEEN PROVIDED

IN THE STAFF REPORT. >> WE HAVE A MISSION FOR -- MOTION FOR APPROVAL. REGISTERING TO VOTE. THAT MOTION PASSES. ON TO ITEM NUMBER FOUR. IS THERE ANY

EXPERT? >> SITE VISIT. IN MY NECK OF THE WOODS. SEVERAL EMAILS BOTH OPPOSING AND IN FAVOR OF THIS

PROJECT. >> ANYONE ELSE?

>> GOOD AFTERNOON. MCAFEE HAWTHORNE. ONE INDEPENDENT DRIVE. SUITE 1200. REPRESENTING THE OWNERS OF THE PROPERTY.

>> IS THE PRESENTATION HERE. ALL RIGHT, THANK YOU.

ENGINEERING HERE. OWNERS AS WELL. I WOULD LIKE THEM TO COME UP AS WELL. MINOR MODIFICATION REQUEST.CALLING IT THE RETAIL PLANT NURSERY. IT IS THE NURSERY AND PROPERTY. PROJECT WILL BE CALLED THE TERRA NURSERY. THIS IS A REQUEST FOR A MINOR MOD. RETAIL PLANT NURSERY. SPECIFIC USE OF THE PROPERTY. 2.27 ACRES. P.U.D., BROKEN OUT INTO USES INTERNALLY. THIS IS, COMMERCIAL BUSINESS USE PARCEL. SHORES BOULEVARD. THE RETAIL PLANT NURSERY, ALLOWED BY EXCEPTION IN THE P.U.D.. 1974 ORDINANCE, THIS WAS IMPLEMENTED BY WAY OF MINOR MOD. THIS WAS DONE AS ADOPTING THE MINOR MOD. SITE PLAN CONDITIONS. THIS IS THROUGH THE PROCESS IN THE COMMUNITY ITSELF. THERE ARE NO WILDLIFE SPECIES OF THE COMMUNITY. NO WAIVERS REQUESTED. YOU CAN SEE THE LOCATION RIGHT HERE. U.S. CAPITAL ONE THIS IS PART OF IT.

THIS IS A REGULAR SHAPE. THIS IS THE CORNER. ENSURING THE BOULEVARD RIGHT HERE. YOU CAN SEE THE RESIDENTIAL LAND USE.

THIS ALLOWS SOME COMMERCIAL LAND USES. OVERALL P.U.D.

ZONING. HERE IS THE UPDATED ARIAL OF THE PROPERTY ITSELF.

THIS ENSURES THE BOULEVARD GOING RIGHT HERE. THIS IS THE PROPERTY HERE. THERE IS A FAILURE FOOT UTILITY EASEMEN.

ADDRESSING MY CLIENTS PROPERTY. THIS WILL BE OBSERVED AS PART OF THE OVERALL SITE PLAN. HERE IS THE SURVEY. THIS IS THE LAND COVER. WE HAVE HAD THE WETLAND SCIENTISTS GO OUT THERE WITH THE TREES. THERE IS NOTHING WITH THE FLATWOODS. THERE ARE THE SOILS. THIS IS INDICATIVE OF WHERE WE ARE PUTTING THE PROPERTY AND THE USES ON THE SITE. I WILL EXPLAIN THAT THROUGH THE SITE PLAN. THEY HAVE BEEN NEEDED FOR THE DEPARTMENT APPLICATIONS AND THE DEPARTMENT ITSELF. THEY HAVE

[00:50:04]

DIFFERENT ACTIONS ONTO THE PROPERTY. VERY LOW INTENSE USE.

THERE ARE SOME VERY LIMITED ENCLOSED STRUCTURES ON THE PROPERTY. MOST OF IT IS A COVERED BARN ON THE PROPERTY TO ALLOW PLANS TO DO THEIR THING AS THEY GROW. PATRONS, IN THE SHADED AREA, LOOKING AT THE PLANTS. STORMWATER POND IS LOCATED IN THE MIDDLE. THIS IS CALLED THE WESTERN EDGE OF THE PROPERTY. YOU WILL BE COMPLETELY PRESERVED AS PART OF THE SITE PLAN. 50 FEET OF LANDSCAPING. UNDISTURBED IN THIS AREA. THERE IS THE NEIGHBORHOOD TO THE SOUTH. 30 FOOT EASEMENT. 20 FOOT LANDSCAPE BUFFER. 10, FRONTING ON LONGSHORE DRIVE. HERE ARE SOME RENDERINGS THAT COME WITH THE ARCHITECTURAL CONCEPTUALIZATION OF THE PROPERTY ITSELF. THIS IS COMING ONTO THE PROPERTY. TOTAL PARKING SPACES. INCLUDING A DIFFERENT SPACE. YOU CAN SEE THE PROPERTY. OPEN-AIR PAVILIONS, IF YOU WILL. THERE WILL BE THE ATTENDANT SHELTER IN THERE THAT WILL BE CLIMATE CONTROLLED. YOU CAN SEE THE PROPERTY IS A WALKING PATH AROUND THE POND. ALL OF THE AREAS INCLUDING THE GREENHOUSE IN THE BACK. MORE OF THE SHELTER AREAS. THIS IS THE AREA FOR THE PATRONS THAT CAN SIT. THEY BASICALLY CAN PATRONIZE IN THE PLANT NURSERY ITSELF. WE FELT IT WAS A NICE QUART LARD -- COURTYARD LOOK TO THE PROPERTY. WE ARE DISCUSSING WITH THE STAFF. DIFFERENT TYPES OF THINGS THAT WE WILL BE PURCHASING. THE PLANT NURSERY, AND THE IMPROVEMENTS, LOW INTENSITY. LISTEN TO THE OTHERS BY RIGHT. SUCH AS, BUT NOT LIMITED TO A RESTAURANT. RETAIL STORE, DRUGSTORE, MEDICAL OFFICE, LAUNDRY DRY CLEANER. NURSING HOME, BANK, PRIVATE CLUB, SERVICE STATION. PACK IT IN. WE ARE DOING A PLANT NURSERY. THIS IS COMPATIBLE WITH THE ADJACENT USES. WE WILL HAVE FAMILIES WITH THE SAINT AUGUSTINE ELEMENT SHORTS IN OUR AREAS. HIGH STANDARDS AS WELL AS OPERATIONS. ARE COMPLEMENT TO READ TO THE LOCAL NEIGHBORHOOD. WITH THAT, PRETTY SIMPLE PRESENTATION. HAPPY TO ANSWER ANY QUESTIONS AS YOU

HAVE THEM. >> HI THERE. MY QUESTION, MOSTLY, I WANT TO THANK YOU VERY MUCH FOR THE PRESENTATION OF THE ADDITIONAL BUFFERS BURIED THIS WAS A VERY THOUGHTFUL AND WELL DESIGNED NURSERY. THE ONLY QUESTION I HAD, IT SEEMED LIKE MOST OF THE OPPOSING, NEGATIVE COMMENTS, HAD TO DO WITH THE DRIVE-IN LOCATION. THIS IS RIGHT HERE.

THIS IS PART OF THE SCHOOL DISTRICT REPRESENTATIVE. I AM LOOKING AT THE MINOR MODIFICATION APPLICATION HERE.

I WAS WONDERING WHY THE VEHICLE ACCESS HAS TO BE OFF OF -- HE REFERENCED THE LAND DEVELOPMENT CODE. SECTION 6081 A. I LOOK THAT UP. THAT IS ABOUT CHILDCARE FACILITIES. NOT A NURSERY. I WAS WONDERING IF THE REASON IS NOT GOING TO BE OFF OF THE SHORES BOULEVARD. I DON'T MEAN TO PUT YOU ON THE SPOT. I JUST NOTICED IT TODAY. COULD YOU CLARIFY THAT?

>> THAT WAS OBVIOUSLY A MISTYPED REFERENCE. PART OF THE COMMERCIAL BUSINESS USE. WE MET WITH STAFF EARLIER ON. IT WAS ADVISED FOR US TO HAVE THE ACCESS POINT. DURING THAT ENTIRE PROCESS, ALL THE COMMENTS AND RESPONSES, IT WAS NEVER ASKED TO BE CHANGED OVER THERE. MY GUESS IS BECAUSE THEY ALLOW THE ABILITY TO GET ON AND OFF THE PROPERTY. SHORES BOULEVARD, THIS IS DIVIDED AS YOU SEE IN THE AERIAL DISPLAY.

BETTER CIRCULATION COMING OFF OF THAT ROAD. COMING OFF OF SHORES BOULEVARD. THIS IS THE WAY IT HAS BEEN LAID OUT AND DESIGNED SINCE DAY ONE WITH STAFF. WE KEPT THE P.U.D. IN CONCERT WITH THAT. I DON'T REMEMBER WHEN THE EXACT UPDATE WAS. IT HAS BEEN A WHILE. WE HAVE BEEN ON THIS FOR AT LEAST EIGHT OR NINE MONTHS. THIS IS WHERE WE COME OFF FOR THE ACCESS OF THE PROPERTY. YOU CAN SEE. WE HAVE DISCUSSIONS RELATED TO TRAFFIC ON THAT. THIS IS A VERY LOW AND INTENDS TRAFFIC USE. A LOT OF OTHER THINGS BY RIGHT ON THE COMMERCIAL BUSINESS PROPERTY. WE HAVE DONE THE ANALYSIS FOR THE PARKING GENERATION. I HAVE THE ENGINEER AND THE OWNERS HERE THAT CAN SPEAK TO THAT. WE ARE LOOKING AT STAFF, DIRECTING

[00:55:06]

US ON SHORES BOULEVARD. ACCEPTABLE RIGHT HERE.

PROVIDING THAT FREEWAY INTERSECTION, IF YOU WILL. I WILL POINT OUT THAT WE ARE EXEMPT FROM TRAFFIC CONCURRENCY. THIS IS PART OF THE COMMERCIAL USE.

NEVERTHELESS, WE ACTUALLY PRESENTED THAT FOR THE STAFF.

DAY ONE. THIS IS THE STAFF REQUIRING US TO HAVE ACCESS.

>> THIS WAS A VERY LIMITED TRAFFIC PRODUCER. FOR ME PERSONALLY, IF I'M GOING TO BE SOMEWHERE, IF I'M LOOKING AT THE LINE OF THE SCHOOL, I'M GOING TO WAIT LATER. DO YOU HAVE ANY OPERATING HOURS IN MIND?

>> I CAN BRING THAT UP IN A LITTLE BIT. 9:00, 9:00 A.M.

WOULD BE OPERATING. THIS WOULD BE INTO THE EVENING. TYPICAL NURSERY HOURS. NOT OPEN AT NIGHT. THERE IS NO NEED FOR LIGHTING. THE ONE ACCESS POINT THAT WE HAVE FOR VETERANS, IS OUT TO THE SIDEWALK CONNECTION. IT MEETS THE SIDEWALK. THIS IS THE SIDEWALK THAT GOES ACROSS THE STREET READ THIS GOES DOWN TO THE ELEMENTARY SCHOOL. WE HAVE ACCOMMODATED THAT SIDEWALK CONNECTION OUT THERE TO THE MAIN ROAD AS WELL.

>> ORGANIC NURSERY. NO PESTICIDES?

>> IT HAS BEEN THAT SINCE DAY ONE. WE HAVE SEEN THE COMMENTS ONLINE. PESTICIDES, THINGS LIKE THAT. IT IS MORE EXPENSIVE THAT WAY. THIS IS THE WAY THE OWNERS HAVE ENVISIONED THIS. WE HAVE A SHEET THAT WE CAN PROVIDE AS AN EXAMPLE FOR THAT. SHOWING WHAT THE ACTUAL SUPPLIERS WE WILL BE DOING TO USE FOR THAT. AS FAR AS NORMAL, CONVENTIONAL SURGERY -- NURSERIES.

>> SPEAKING OF THAT DAY CARE AND PRESCHOOL, THAT -- JUST MENTIONED, PAGE TWO OF THE MASTER DEVELOPMENT PLAN TEXT, UNDER D, YOUR ANSWER TO THAT, IT REFERENCES A DAY CARE AND PRESCHOOL IN THE TEXT. IT IS PROBABLY A HOLDOVER. PASTED DOWN FROM SOME OTHER APPLICATION. YOU ARE NOT

PLANNING ONE IN THIS AREA? >> ABSOLUTELY NOT.

>> THIS IS THE NURSERY. >> THIS WAS MY OVERSIGHT ON THAT. THIS WAS PROBABLY BECAUSE I DID THE CORNER. ONE YEAR AGO.

I WILL UPDATE THAT COMMENT. THANK YOU FOR BRINGING THAT TO

MY ATTENTION. >> I DO LIKE NURSERIES A LOT. I AM A PLANT ECOLOGIST. I REALLY DO LIKE PLANTS. IN THIS NURSERY, WHEN I WAS FIRST READING IT, I THOUGHT IT WAS A GREAT IDEA. I WAS READING THE LETTERS OF OPPOSITION ABOUT THE TRAFFIC. THIS IS HOW MY WIFE SAYS IT IS ANNOUNCED, BY THE WAY. I'M NOT GOING AGAINST THAT. WD HARTLEY, ELEMENTARY SCHOOL, JUST DOWN THERE. A LOT OF THE LETTERS, EVERYONE VIRTUALLY STATED THAT THE TRAFFIC REALLY BACKS UP. MAKING IT BASICALLY A ONE LANE ROAD DURING DROP-OFF AND PICKUP VARIED A COUPLE HAD BEEN SUGGESTED. I WOULD AGREE WITH THIS. I DON'T KNOW IF THAT IS GOING TO BE MORE EXPENSIE FOR YOU. YOU AND YOUR CLIENT, WOULD HAVE TO REDESIGN THAT. IF YOU PUT IT TOWARDS THE EASTERN END, PERSON GOING IN AND COMING OUT, ABOUT 100 YARDS DOWN OR LESS, 100 DOWN ON SHORES BOULEVARD.

GO DOWN THERE, GO BACK WEST. WHATEVER YOU WANTED TO DO. I AM

CONCERNED ABOUT THE TRAFFIC. >> THERE IS A PARAMOUNT CONCERN. YOU CAN'T HAVE ACCESS

>>> THERE WOULD BE I UNDERSTAND OPERATING HOURS THE SCHOOLS DROP OFF AND PICK UP. THAT IS THE CONGESTION. WE UNDERSTAND THE PARENT PICKUP LINE DOES GO OUT TO SHORES BOULEVARD. I DON'T KNOW WE WOULD BE FIXING THAT BY PUTTING OUR ACCESS ON SHORES BOULEVARD THE ISSUES WITH SCHOOL CONGESTION STILL EXIST. I DON'T THINK THAT MEANS WE SHOULDN'T HAVE THE RIGHT TO ACCESS AND DEVELOP OUR PROPERTY BUT WE HAVE EXTENDED THE SIDEWALK SO IN THIS CASE THE FACT THAT WE ARE EXEMPT FROM TRAFFIC CONCURRENCY AND THIS IS WHERE THE STAFF LAID IT OUT , THIS IS HOW THE ENTIRE THING HAS BEEN DONE TO THE

[01:00:04]

ENTIRE COMMENT RESPONSE PROCESS OF THIS PUD . WE HAVE NEVER LOOKED AT SHORES DRIVE AFTER MEETING WITH STAFF. BUT YOU KNOW, WE ARE NOT TAKING UP ANY ADDITIONAL RIGHT-OF-WAY WHERE WE UNDERSTAND FOLKS PARK, TO WAIT FOR THE SCHOOL. WE DON'T LIKE WE WILL BE A HINDRANCE. ESPECIALLY DURING MORNING DROP OFF TIME. I KNOW THE OWNERS WANT TO SELF PROFFER WE WILL NOT HAVE LARGE DROP-OFFS OR PICKUPS AND THAT CAN BE CONDITIONED DURING THE P.M. SCHOOL HOURS SO YOU DON'T HAVE TRUCKS DELIVERING SUPPLIES TO THE NURSERY OR VICE VERSA AND WE CONTROL IT. THEY ARE THE OWNERS OF THE PROPERTY AND OWNERS AND PROPRIETORS OF THIS NURSERY SO THEY WOULD SELF PROFFER THAT AS WELL TO BE GOOD NEIGHBORS. THEY DO WANT TO ALSO BE PART OF THE COMMUNITY SO FORTH THAT THEY WOULD OFFER FIELD TRIPS TO THE NURSERY ITSELF BECAUSE THEY HAVE SIGNAGE THROUGHOUT THE NURSERY EXPLAINING WHAT EACH PLANT IS, WHAT THE FLOWERS ARE. THEY HAVE DONE OUTREACH AND I KNOW YOU'RE FOCUSING ON THE OPPOSITION, BUT A LOT OF FOLKS ARE FOR THIS AS WELL AND THEY BEEN PART OF THE NEXT DOOR APP AND SO THERE'S A LOT OF COMMENTS FOR THIS PROJECT AND I KNOW SOME FOLKS ARE HERE TO SPEAK FOR IT. AS FAR AS ACCESS, THE ACCESS IS WHAT WE HAVE HAD SINCE DAY ONE AND WE UNDERSTAND THE REST OF THE TIME NOT INVOLVING SCHOOL DROP OFF THERE'S NOT ANY ISSUE AT THE INTERSECTION WITH SHORES DRIVE. SELF PROFFERING AFTERNOON HOURS AND THE FACT THEY DON'T OPEN UNTIL 9:00 A.M. MOST TRAFFIC IS DURING THE WEEKEND WHEN THE SCHOOL IS NOT OPEN SO THAT'S THE HIGHEST TRAFFIC GENERATION , DURING THE WEEKEND ITSELF WHICH IS WHEN THE SCHOOL IS NOT A THEY SELF PROFFER THAT AND WE CAN ADD THAT AS A CONDITION.

>> THERE WAS A STATEMENT IN THE APPLICATION. I DON'T HAVE THE PAGE, BUT THAT THIS PIECE OF PROPERTY IS ALREADY IN THE COMMERCIAL AREA OF SHORES. I THOUGHT IT WAS CONTIGUOUS WITH THE ONE-YEAR ZONING MAP, LOOKS CONTIGUOUS BUT NOT WITHIN

COMMERCIAL. >> IT IS KNOWN AS BUSINESS COMMERCIAL IN THE PUD, THIS SITE SPECIFICALLY. WHAT WE HAVE HERE IS THE ABILITY TO REVIEW THIS AND WITH STAFF, SINCE YOU BROUGHT IT UP , WE WOULD NOT BE HERE, WE WOULD GO TO PERMITTING IMMEDIATELY AND CONSTRUCTION PLAN REVIEW AT THE COUNTY IF WE WERE A RETAIL OUTLET FOR FOOD AND DRUGS, A PET SHOP, FLORIST OR GIFT SHOP, KEEP THAT IN MIND FLORIST, A BAKESHOP, DRUGSTORE, SERVICE ESTABLISHMENT SUCH AS A RESTAURANT. GYMNASIUM, DANCE OR MUSIC STUDIO, SELF-SERVICE LAUNDRY OR DRYCLEANER, LAUNDRY PACKAGE PLANT MEDICAL AND DENTAL OFFICE, CHURCH, HOSPITAL, NURSING HOME, COMMUNITY CENTER, LITTLE THEATER, RESEARCH LABORATORY, PROFESSIONAL BUSINESS OFFICE, BANK, PROTOCOL, FUNERAL HOME, VETERINARIAN , COMMERCIAL INDOOR RECREATION , HOTEL OR MOTEL, CELL OF ALCOHOLIC BEVERAGES WHICH WE WON'T HAVE AND SALE OF SECOND HALF MERCHANDISE. THOSE ARE THINGS PERMITTED BY RIGHT NO EXCEPTIONAL VARIANTS NO MODIFICATION. THEY COULD GO SHOVEL READY. SO, I ASKED FOR YOU TO CONSIDER THE FACT THAT THE MAIN HOURS OF OPERATION IN THE PEAK HOURS ARE DURING THE WEEKEND AND THEIR SELF PROFFERING LIMITATIONS ON WEEKDAYS AND ENGAGING THE ELEMENTARY SCHOOL SO THEY CAN WALK DOWN THE SIDEWALK AND OFFER TOURS FOR FIELD TRIPS.

>> THAT'S A GOOD ANSWER AND A LONG LIST. I THOUGHT THERE

WOULD BE MORE. >> THERE IS MORE, BUT I'M GLAD YOU SAID THAT. THERE IS A TON MORE AND I CAN READ THEM BUT I WILL PROVIDE THIS FOR A RECORD. I UNDERLINED A FEW OF THOSE AND

THERE IS MORE. >> WHEN I WAS LOOKING AT THIS TURN TO FIND IT I THOUGHT IT WAS FURTHER NORTH ON SHORES BOULEVARD OR JUST OFF U.S. 1. THERE ARE A LOT OF COMMERCIAL ESTABLISHMENTS RIGHT ALONG THERE. A COUPLE LETTERS POINTED OUT THIS IS WELL EAST OF ANY COMMERCIAL USE ON COULD YOU 1 OR IN THE AREA. SO THAT'S A CONCERN TO ME SO FAR EAST INTO THE NEIGHBORHOOD , RATHER THAN BEING OUT TOWARD U.S. 1. SEEMS A LITTLE INTRUSIVE INTO THE NEIGHBORHOOD HOUSING USE.

[01:05:03]

>> IF YOU WILL LET ME, I THINK THE LEAST INTENSE OF THE ITEMS OF PERMISSIBLE USE BY EXCEPTION. AUTOMOBILE SERVICE STATION, MINI GOLF COURSE, PRACTICE DRIVING RANGE, RETAIL ESTABLISHMENT MANUFACTURING GOODS , NIGHTCLUBS, PACKAGE STORE, DRIVE-IN RESTAURANT, RETAIL PLANT NURSERY, RETAIL OUTLETS FOR TIRES, BATTERIES AND AUTO ACCESSORIES AND BROADCASTING OFFICES. A RETAIL PLANT NURSERY IS THE LEAST ON THE LIST AND HERE WE ARE ASKING FOR MINOR MOD. WE CAN DO SHOVEL READY RESTAURANT RIGHT NOW OR DRYCLEANER RIGHT NOW. PEOPLE GO THERE DURING PEAK TIMES, PRIMARY USE OFF PEAK TRAFFIC HOURS. WE WILL BE ACCOMMODATING TO THE NEIGHBORHOOD, TO THE SCHOOLS AND PARENTS AND HAVE A LOT OF FOLKS SUPPORTING THE PROJECT. IT IS A GREEN PROJECT. NOT ONLY DO WE PROVIDE , NOT ASKING FOR WAIVER AN EXCEPTION FOR LANDSCAPE BUFFERS, BUT THE ENTIRE PLACE IS A BUFFER PROVIDING TREES AND FLOWERS AND VEGETATION FOR RETAIL SALE FOR THE COMMUNITY. OF THE PESTICIDE COMPARISON FROM TERROR NURSERY WHICH WILL PROVIDE AS AN EXHIBIT FOR THE RECORD. SHOWING THINGS LIKE OILS , THE THINGS BUILT INTO THE CROP THREE DEFENDER WHICH ARE SAFE BOTANICAL INGREDIENTS. THOSE ARE THE PESTICIDES THAT COME WITH THIS ORGANIC NURSERY. TOY ASK FOR CONSIDERATION OF

APPROVAL. >> MR. MATOVINA.

>> THIS IS RETAIL SALES ONLY. THEY WILL NOT BE GROWING PLANTS

HERE IN POTS? >> THERE IS A GREENHOUSE. THERE WOULD BE SOME ANNUALS AND PERENNIALS GROWN IN THE GREENHOUSE IN THE BACK. IF YOU CAN REPLENISH CURRENT STOCK ON SITE, BUT IT IS RETAIL. NOT A WHOLESALE DISTRIBUTOR LIKE A TREE FARM OR SOMETHING LIKE THAT. I DON'T BELIEVE THEY WILL DO DELIVERY. THEY WILL DO LOCAL DELIVERY. YES THEY WILL

DO DELIVERY. >> DO YOU HAVE A SLIDE THAT COULD SHOW US WHERE WD HARTLEY IS AND HOW THE TRAFFIC BACKS

UP? >> SO, THERE IS WD HARTLEY. SO, EVERYTHING IS COMING OFF INTO U.S. 1, SHORES BOULEVARD FINALLY INTO WG HARTLEY WITH SIDEWALK CONNECTIONS THROW INCLUDING OUR PROJECT TO THE EXISTING SITE. OUR ACCESS POINT. WE UNDERSTAND TRAFFIC TO BACK UP ON SHORES BOULEVARD 'S WE HAVE THE SAME SCENARIO IF WE PUT THE DRIVEWAY ON SHORES BOULEVARD EXCEPT THERE WOULD BE MORE IMPEDING OF NATURAL FLOW OF TRAFFIC COMPARED . WE HAVE WRESTLED WITH A NUMBER OF NAMES. SO HOPEFULLY THAT ANSWERS YOUR QUESTION

>> ANY OTHER QUESTIONS? SITTING ON WILL GO TO THE AUDIENCE.

ANYONE HERE TO SPEAK ON ITEM NUMBER FOUR? IF SO, COME FORWARD. CAN YOU STATE YOUR NAME AND ADDRESS FOR THE

RECORD? >> I'M AFFECTED BY THE TRAFFIC EVERYDAY AND THIS WILL NOT AFFECT THE TRAFFIC IN THAT NEIGHBORHOOD BECAUSE TRAFFIC IS ALWAYS MOVING NORTH TOWARD SHORES DRIVE OR BOULEVARD.

BECAUSE ALL THE PEOPLE TURNING AROUND COMING UP TO THE ENTRY POINT OF THE SCHOOL. IF ANYTHING THIS HAS SOME ALLEVIATION MAYBE WITH PARKING SPOTS SO I AM IN FAVOR BECAUSE IT'S LOW INTENSITY. NOT A HIDEOUS THING TO LOOK AT SO I AM IN FULL FAVOR AS ONE OF THE RESIDENTS OF THE AREA.

>> THANK YOU SIR. >> I WOULD ASK WE DO SOMETHING ABOUT THE TRAFFIC AND ANOTHER MEETING.

>> ANYONE ELSE HERE TO SPEAK ON ITEM NUMBER FOUR? YES SIR.

>> MY NAME IS OPPOSED TO THE APPLICATION CONSIDERING ALL THE OTHER KINDS OF BUSINESSES THAT COULD BE DEVELOPED. I AM OPPOSED TO THE LOCATION OF THE DRIVEWAY AND SHORES BOULEVARD IS A FOUR-LANE ROAD. IS A TWO LANE 2 LANE RD. AND WHEN THE SCHOOL IS AT DISMISSAL THE CARS LINE UP FROM THE SCHOOL TO SHORES BOULEVARD

[01:10:05]

AND THE ENTRANCE TO THE PLANT NURSERY WILL BE RIGHT ACROSS FROM THAT TRAFFIC. SO, IF YOU LOOK AT THE SITE PLAN THAT THE GENTLEMAN PRESENTED, THE PARKING LOT WAS RIGHT ON THE CORNER OF SHORES BOULEVARD AND IT LOOKED EASY FROM MY STANDPOINT JUST TO LOCATE THE ENTRANCE FROM SHORES BOULEVARD. I HAVE A LOT OF COMMENTS, BUT ONE OTHER THING I THINK HAD NOT BEEN BROUGHT UP WHICH IS ON THE STREET ACROSS FROM WHERE THE PLANT NURSERY IS , THERE IS A TREE AREA THAT BACKS UP TO THE SCHOOL. THERE IS A PROPOSAL WITH PLANNING AND ZONING TO PUT A DAYCARE CENTER AND A OFFICE BUILDING ON THAT SIDE OF THE STREET. RIGHT ACROSS FROM THE PLANT NURSERY AND THE ENTRANCE WILL USE SUGGEST YOU LOOK AT MAKING THAT ENTRANCE , SO RESIDENTIAL SINGLE-FAMILY HOME, AT THE HARTLEY SCHOOL. IT IS VERY VERY BUSY AT SCHOOL DROP OFF TIMES. IT IS SOMEWHAT OF A PROBLEM FOR RESIDENTS TO NAVIGATE THAT, AT THOSE TIMES.

AGAIN I'M NOT OPPOSED TO THE PLANT NURSERY PER SE, JUST TO THE LOCATION OF THE ENTRANCE WHERE IT'S GOING TO BE AND HAVE THAT BE DEVELOPED ON SHORES BOULEVARD AND

NAME ]. >> ALL RIGHT.

>> HONEST WITH YOU. IF THE RETAIL IS ACCESSIBLE FOR THE NEIGHBORHOOD AND THE PRODUCTS ARE PRICED AT A POINT WHERE THEY CAN BE AFFORDABLE THEN IT CAN WORK. IF YOU EXPECT TO USE CONTRACTORS IT DOES NOT LOOK LIKE THERE'S MUCH TRAILER ACCESS POINT IN THE DRIVEWAY . IF YOU MAKE SOME OPPORTUNITY FOR LOCAL TRADESMEN TO COME IN WITH THE TRAILER IT DOES NOT LOOK LIKE THERE'S MUCH ROOM TO DO A THREE POINT TURN SO I WOULD PUT IT IN THERE AND IT IS A LITTLE MORE EAST AND I HOPE YOUR PRODUCTS ARE PRICED TO PEOPLE CAN ACCESS THEM BECAUSE THERE IS A NURSERY ACROSS THE WAY A LEGACY NURSERY FOR 30 YEARS THAT JUST WENT ON A BUSINESS THREE YEARS AGO. SO YOU HAVE TO BE COMPETITIVE TO KNOCK OUT ALL THOSE TREES AND GO OUT OF BUSINESS IN THREE YEARS WOULD NOT DO US ANY FAVOR. HOPEFULLY THEY KEEP THE PRICES ATTAINABLE. CONSIDER THE TRADESMEN COMING IN WITH THEIR TAYLOR'S -- TRAILERS PLEASE.

>> YES MA'AM. >> I LIVE IN THAT AREA AND I AM FOR THIS NURSERY. WHEN THIS FIRST CAME TO LIGHT, SOMEONE FOUND OUT ABOUT IT PROBABLY THROUGH A NEIGHBORHOOD NOTIFICATION. RIGHT AWAY SLEPT IT UP ON NEXT-DOOR. PEOPLE STARTED PILING ON , THAT YOU KNOW THIS WOULD BE A HORRIBLE THING AND TRAFFIC AND PESTICIDES AND YOU NAME IT. AND THE OWNER CAME ON TO NEXT DOOR AND STARTED PUTTING OUT PICTURES OF WHAT HE WAS TRYING TO DO AND ENGAGING THOSE THAT WERE RECENTLY ATTACKING HIM. AT THE END OF THE DAY HE WAS WINNING MOST OF THEM OVER WITH HIS WILLINGNESS TO WORK WITH THE COMMUNITY, TWO THIS A COMMUNITY BUSINESS. NOW, I HURT THE DEVELOPERS LAWYER TALKING ABOUT THE FACT THAT THIS WAS COMMERCIAL. THERE IS TWO DIFFERENT TYPES OF COMMERCIAL IN THE AREA. COMMERCIAL ON U.S.

1 , THAT IS YOUR COUNTY DESIGNATED COMMERCIAL AREA. AND THEN THE PUD FOR THE SHORES THAT HAS BEEN THERE FOR AGES.

BEFORE WE KNEW WHAT A PUD WAS. AND CERTAIN PARCELS WITHIN THE

[01:15:02]

PUD HAVE BEEN DESIGNATED FOR OTHER PURPOSES , OTHER THAN RESIDENTIAL. THAT PARTICULAR ONE THAT HE IS PROPOSING IS ONE OF THOSE. WHETHER THAT COULD BE A GAS STATION AND ALL THE THINGS HE SAID, I DOUBT THAT. BUT THE FACT OF THE MATTER IS, SOMETHING IS GOING TO GO THERE AND HE'S WILLING TO WORK WITH THE NEIGHBORHOOD. THE WAY THAT THE TRAFFIC STACKS UP FOR THE MORNINGS WON'T BE AN ISSUE. HE WON'T BE OPEN YET AND IN THE AFTERNOON, WE IN THE AREA UNDERSTAND WHEN THE AREA IS JAMMED UP AND YOU DON'T GO THERE, PUTTING THE ENTRANCE OFF THE SHORES EVEN THOUGH IT'S TWO LANES , I THINK WOULD BE WORSE BECAUSE PEOPLE GET GOING ON THAT STRAIGHTAWAY . THEY ARE IN THE LEFT LANE. YOU HAVE THE ONES WAITING IN THE RIGHT LANE.

AND I THINK IT'S ALMOST BETTER , RATHER THAN INTERRUPT THE WAITING LINE TO MAKE THE RIGHT HAND TURN BECAUSE WHEN PEOPLE MAKE THE RIGHT TURN THEY ARE IMMEDIATELY THINKING WATCH FOR CHILDREN AND THANK YOU.

>> COME ON UP.

YES SIR. >> GOOD AFTERNOON.

ADDRESS ] SO I WOULD LIKE TO ALSO SPEAK IN FAVOR OF THE APPLICATION. IT IS VERY OBVIOUS WHEN YOU READ THE PLANNED UNIT DEVELOPMENT IT PREDATES THE LAND-USE PLANNING THAT WAS CONCEIVED PRIOR TO 1990 AND THIS WAS DONE IN THE 1970S. SO THE LAND-USE DESIGNATION RESIDENTIAL C DOES NOT EVEN APPLY. YOU HAVE BLANKETED THE NEIGHBORHOOD WHICH WAS PUD WITH COMMERCIAL PARCELS THROUGHOUT, COMMERCIAL PARCELS THAT ARE EVEN 1 MILE FURTHER IN TO THIS PUD. I WOULD LIKE TO SAY THAT THE INTENSITY OF THE USE , THIS ONE IN PARTICULAR IS PROBABLY THE LEAST ON THE ENTIRE LIST OF PERMITTED USE AND PERMITTED USE BY EXCEPTION. NO DOUBT IN MY MIND. YOU COULD GO THROUGH THE LIST 10 TIMES AND IF YOU ASK 10 PEOPLE, POINT TO THE ONE THAT'S LEAST INTENSE, THEY WOULD PROBABLY POINT TO THAT ONE. ANOTHER THING IS WITH REGARD TO ACCESS TO NAME ] BY HAVING THAT AXIS AND NOT HAVING IT ON SHORES BOULEVARD, IF YOU HAD TRAFFIC GOING IN AND OUT OF SHORES BOULEVARD, THOSE PEOPLE GETTING OUT ON U.S. 1 WOULD HAVE TO MAKE A U-TURN IN A BUSY INTERSECTION. I DON'T THINK THAT'S A GOOD IDEA. AS FAR AS COMPATIBILITY, IT IS COMPATIBLE IN TERMS OF USE. IT WOULD NOT BE ON THE LIST OF USE BY EXCEPTION IF IT WEREN'T AND I THINK IT'S A REALLY GOOD THING FOR THE NEIGHBORHOOD. SO I AM VERY MUCH IN FAVOR.

>> THANK YOU. IS THERE ANYONE ELSE? YES MA'AM.

TO YOU? >> GREAT WITH THE PLAN , ONCE AGAIN THE ACCESS IS REALLY BAD.

THESE PEOPLE ARE TALKING ABOUT CLOSE , BUT I LIVE IN THERE AND IT BACKS UP TO MY HOUSE NOW. THERE ARE KIDS WALKING EVERYWHERE AND I HAVE BEEN HIT TWICE ALREADY. BACKING OUT FROM THE SCHOOL. SO I KNOW THAT THIS IS A PROBLEM IF YOU LIVE IN THE AREA. I HAVE HAD TO MAKE DOCTORS APPOINTMENT WITH A WINDOW THAT I KNOW I HAVE TO LEAVE LIKE ONE HOUR EARLY. SO ANYWAY.

ELSE HERE TO SPEAK ON ITEM NUMBER FOUR? YES SIR.

[01:20:03]

>> OF THIS PROJECT. WHEN FOLKS TALK ABOUT THE TRAFFIC AT THE SCHOOL, MY BLOCK IS SEVERELY IMPACTED . AWAY FROM SHORES BOULEVARD AND I CAN ATTEST THAT THE TRAFFIC BACKUP ON THE PICKUPS IN THE AFTERNOON DISSIPATES WITHIN 15 MINUTES.

IT IS WHEN WE LOOK AT WHAT'S DISCUSSED ALREADY, WHEN YOU LOOK AT THE POSSIBILITIES OF WHAT COULD GO THERE AND WHAT IS PROPOSED, IT IS A DAY AND NIGHT DIFFERENCE. THANK YOU.

>> THANK YOU. ANYONE ELSE? AM VERY CONCERNED ABOUT THE WHOLE ISSUE BECAUSE I HAVE BEEN HERE SIX YEARS LIVING THERE AND PEACEFUL, QUIET, A VERY NICE NEIGHBORHOOD AND IT HAS ALWAYS HAD GOOD VIBES EVERYTHING IS GOOD. EVEN THE TRAFFIC WITH SCHOOL, IT WAS DIFFICULT BUT NOT A BIG DEAL FOR US BECAUSE WE ARE USED TO THAT. PUTTING SOMETHING ON THE CORNER DOWN THERE ON SHORES DRIVER BOULEVARD, IT WOULD MAKE IT VERY DIFFICULT BECAUSE PEOPLE NOW GETTING THROUGH THERE EVEN JUST DURING THE DAY YOU HAVE TO WATCH THE CORNER HERE, THE CORNER THERE.

THE TRAFFIC, THERE IS NO PLACE FOR TREVOR TO GO OTHER THAN BY THE ALUMINUM PLANT AND THAT'S NOT TECHNICALLY OUR ROAD. AND I KNOW THE CONDOS USE THAT AND I ALSO SAW SIGNS ABOUT THE PUD OFF OF THAT ROAD. SO IF YOU HAVE A ACCIDENT OR EMERGENCY DOWN THERE THERE IS NOT A GOOD WAY TO EVACUATE ALL OF OUR PEOPLE, 230 HOUSES. SO IT IS A VERY BIG CONCERN IF THEY DON'T HAVE IT OUT ON THE MAIN ROAD, THAT WOULD BE BETTER BECAUSE STREET NAME ] IS A SMALL AREA. IT IS JUST NOT GOING TO BE EASY TO GET OUT OF WITH ALL THE CONCERNS WITH THE SCHOOL AND WITH US AND EVERYBODY BACK THERE. SO I AM CONCERNED ABOUT THE SAFETY , SHOULD THERE BE AN EMERGENCY OR EVEN IF THERE ISN'T, HOW IT'S GOING TO FLOW BECAUSE IF IT GOES OUT ONTO THE MAIN DRAG IT MIGHT SLOW DOWN THE TRAFFIC UP AND DOW , THEY GO OVER 35 MPH SO DOWN OUR ROAD WE NEED IT, THAT'S WHAT I FEEL LIKE AND I FEEL LIKE IT MIGHT DRAG DOWN VALUES AND PROPERTIES

ALSO. SO THINK YOU. >> THANK YOU VERY MUCH.

] >> THANK YOU, ADDRESS ] I THINK THE OVERARCHING ISSUE AND CONCERN IS WHAT THE HECK TO CALL THE ROAD. I THINK I HEARD FIVE DIFFERENT VERSIONS. NEVERTHELESS I WANTED TO PUT SOMETHING ON THE RECORD AND IT IS PUBLIC RECORD BUT I WILL SUBMIT AS PART OF THE EXHIBITS. FROM TECHNICAL TRANSPORTATION ON IT WAS TO LIMIT ACCESS TO THOSE THINGS WERE DESCRIBED BY SOME FOLKS IN THE PUBLIC HERE AND I HIT ON IT AS WELL. HAVE A FOUR LANE DIVIDED SHORES BOULEVARD. NOTWITHSTANDING THE TRAFFIC FLOW AND SPEED LIMITS ON THE ROADWAY COMPARED TO DO A U-TURN. IF YOU COME ON THE PROPERTY ONE WAY OR ANOTHER YOU HAVE TO DO A U-TURN AND GO BACK THE OTHER WAY. THIS AFFORDS THE OPPORTUNITY TO COME IN OFF THE INTERSECTION, FEET OFF ON THE PROPERTY, LIKELY THAT'S WHY STAFF AND STAFF IS THE RESIDENT EXPERT, THEY DIRECTED US TO HAVE ACCESS AND DRIVEWAY OF OF THAT'S WHERE WE HAVE KEPT IT. WE LEAN HEAVILY ON THAT, THAT'S WHERE WE DESIGNED OUR PROPERTY BUT WITHOUT QUESTION IT IS TRAFFIC FLOW WITH ALL THE U-TURNS ACCOMMODATING THIS

[01:25:03]

COMMERCIAL PROPERTY. SO I ASK FOR YOUR CONSIDERATION IN THE INTEREST OF TIME I KNOW THERE'S A LOT OF FOLKS HERE TO SPEAK ON ANOTHER MATTER BUT I APPRECIATE THEM COMING UP TO SPEAK. WE DID TAKE TWO CONCERNS AND I WILL STICK UP FOR MY CLIENT BECAUSE THEY HAD BEEN EXTREMELY PARTICIPATORY IN THE OUTREACH FROM DAY ONE. ON THE NEIGHBORHOOD APP, NEXT DOOR APP, SHARING EVERYTHING VERY TRANSPARENT AND RESPONDING TO EVERY SINGLE OF THE THOUSANDS OF RESPONSES AND COMMENTS FROM THE FOLKS FOR IT AND AGAINST IT AND WHATNOT. SO IN THE INTEREST OF TIME THERE THERE AND PLAY WE CAN WRAP THIS UP BUT I ASK FOR YOUR CONSIDER FOR APPROVING THIS AND WE PLAN TO BE GREAT

NEIGHBORS. >> THANK YOU.

>> I DID READ IN ONE OR TWO OF THE LETTERS FROM THE CLIENT.

WHO HAS BEEN VERY RESPONSIVE SO THAT'S GREAT. ON THE FUTURE LAND USE MAP THAT YOU SHOWED IN THE PACKET, IT SHOWS THE PROPERTY IS RESIDENTIAL CMAC ZONING NOT MIXED-USE. SPEC I NEVER SAID ANYTHING ABOUT MIXED-USE.

>> OKAY WELL I AM. ON THE MAP IT SHOWS MIXED-USE CONTIGUOUS WITH YOUR PROPERTY. ON THE SOUTHWEST CORNER. THIS IS KNOWN

AS CMAC. CAN YOU JUST THAT? >> CMAC IS A LAND-USE CATEGORY IN THE COMP PLAN, BUT IT ALLOWS COMMUNITY AND NEIGHBORHOOD COMMERCIAL USE. MIXED-USE ALLOWS A LOT MORE COMMERCIAL AND INTENSE USE THAN THAT CATEGORY. SO, WE ARE COMPATIBLE. MIXTURE OF USE IS JUST THAT, DOES NOT HAVE TO BE EXACTLY SIMILAR BUT IT NEEDS TO BE COMPATIBLE AND IN HARMONY WITH THE MASS AND SCALE AND CONTEXT AND I THINK WE ARE PROVIDED SUBSTANTIAL EVIDENCE AND FACT THAT WE ARE THAT ON THIS PROPERTY SO I ASK FOR YOUR CONSIDERATION.

>> I'M GLAD YOU BROUGHT UP COMPATIBILITY, APPRECIATE THAT

THANK YOU. >> MR. GREEN.

>> AS I COUNT THIS I'M LOOKING AT ABOUT 12 PARKING SPACES

THAT'S ALL? >> YES OR.

>> LOOKS LIKE IT'S VERY SMALL. HAVE A DUMPSTER?

>> YES, EVERYTHING THAT ACCOMMODATES THE CODE. THAT IS A CODE REQUIREMENT FOR THAT TYPE OF SPACE, BUT WE'VE BEEN VERY ACTIVE IN CANVASSING AND RESEARCHING OTHER NURSERIES AND SOMETIMES THERE ARE FOUR CARS IN THE PARKING LOTS AT PEAK TIMES. HAS DONE STUDIES AND VIDEOS AT THIS INTERSECTION ON ALL TIMES OF THE DAY. HE'S GOT A BANK OF INFORMATION AND IS READY TO ADJUST AS NEEDED TO BE A GREAT CUSTOMER OR I'M SORRY A GREAT PATRON. AS THE OWNER OF THE PROPERTY AND IT'S NOT SPECULATIVE. THIS IS THEIR VISION, HE IS RETIRED SO HE AND HIS SOEMBARKING ON THIS ENDEAVOR. 12 SPACES IS WHAT THE CODE REQUIRES. IT IS A DERIVATIVE OF OUTDOOR SPACE FOR SALES AND THE AMOUNT OF ENCLOSED SQUARE FOOTAGE. VERY MINIMAL ENCLOSED SQUARE FOOTAGE ON THIS SITE.

>> I DON'T THINK, IT'S UP FOR US FOR CONSIDERATION BUT I DON'T THINK IT SHOULD DICTATE WHERE TRAFFIC SHOULD OR SHOULDN'T GO. WE HAVE PROFESSIONAL STAFF HERE AT THE COUNTY AND I HAVE BEEN THROUGH THE PROCESS AND THERE IS A LOT OF BACK-AND-FORTH WHERE DRIVEWAYS SHOULD GO. THAT IS A CONSIDERATION THAT WE ALL KNOW IS AN OVERVIEW . I'M NOT PROFESSIONAL ENOUGH IN MY FIELD TO MAKE THAT DECISION.

>> THANK YOU. >> OKAY. BACK TO THE AGENCY FOR

A MOTION. >> OKAY MR. GREEN.

>> MAKE A MOTION TO APPROVE MINOR MOD 2024 -11, RETAIL NURSERY. WILL TAKE THE PRONUNCIATION OF THE STREET BASED ON SIX FINDINGS OF FACT AND SEVEN CONDITIONS PROVIDED

BY STAFF. >> WOULD YOU BE OKAY WITH THE ADDED CONDITION OF NO DELIVERY PEAK P.M. HOURS?

[01:30:01]

>> ABSOLUTELY. >> THANK YOU FOR AMENDING ME.

>> MOTION FOR APPROVAL. >> I WILL SECOND.

>> ANY DISCUSSION? DR. HILSENBECK.

>> WELL, BRAD YOU HAD GOOD ANSWERS AND PEOPLE SPEAKING IN FAVOR. I'M STILL CONCERNED ABOUT THE TRAFFIC ON NAME ] BUT YOU DID HAVE THAT TRANSPORTATION SHEET THAT YOU SHOWED BUT I DON'T BELIEVE WAS IN THE APPLICATION MATERIAL. SO THAT WAS SOMETHING OF BEEN DOING WITH THE COUNTY WITH. THE FACT THAT

[5. MAJMOD 2023-03 Marsh Landing Golf Course Lots. Request for a Major Modification to the Marsh Landing PUD (ORD. 1975-15, as amended) to convert approximately 1.9 acres of golf course to one (1) single-family lot. This item was heard at the regularly scheduled February 1, 2024 Planning and Zoning Hearing and was continued with a vote of 7-0. The original request was for four single-family homes but has since been reduced to one single-family home on the Kingfisher parcel.]

NAME ] IS FAIRLY COMPELLING. AND IT IS A LOW INTENSITY USE AND I DO LIKE NURSERIES. SO I WILL PROBABLY SUPPORT IT, THANK

YOU. >> THANK YOU COME ANY FURTHER DISCUSSION? SEEING NON-LET'S REGISTERED THE VOTE.

OKAY THAT PASSES. >> THANK YOU VERY MUCH.

>> ITEM NUMBER FIVE. ANY THING FROM AGENCY MEMBERS?

>> I HAD A PHONE CALL WITH ZACH MILLER YESTERDAY. WE HAD A

CONVERSATION. >> I ALSO HAD A PHONE CALL YESTERDAY GOING THROUGH SOME OF THE DETAILS.

>> SAME, I HAD A CONVERSATION ABOUT HOW THIS HAS CHANGED

SINCE THE FIRST PRESENTATION. >> ANYBODY ELSE?

>> I TRIED. I WAS NOT SUCCESSFUL GETTING A PHONE NUMBER UNTIL IT WAS TOO LATE. MAYBE I WILL GIVE YOU MY NUMBER

FOR NEXT TIME. >> MDM. CHAIR. I WANT TO MAKE SURE, YOU KNOW THERE ARE TWO DESIGNATED REPRESENTATIVES THAT ARE ATTORNEYS WHO WOULD POTENTIALLY BE SPEAKING FOR THE PUBLIC FIRST IN LINE ON THIS ITEM. THEY ARE NAME ] REPRESENTING SEPARATE CLIENTS.

>> SPECIFIC AMOUNT OF TIME? >> 10 MINUTES EACH.

>> OKAY ALL RIGHT. >> GOOD AFTERNOON, ZACH MILLER THIS WILL EASILY BE THE MOST FLIGHTS YOU'LL EVER SEE FOR ONE ZONING FOR ONE SINGLE-FAMILY HOME. THIS IS THE LOCATION OF THE PROPERTY. APPROXIMATELY 2 ACRES. I FIND THIS INTERESTING THE DUVAL COUNTY BORDER IS JUST NORTH OF THE PROPERTY . THE APARTMENT COMPLEX I LIVED IN AFTER LAW SCHOOL IS OVER TO THE SIDE. THIS IS A CLOSE-UP VIEW OF THE SITE. THIS IS THE AREA ON WHAT USED TO BE NUMBER EIGHT ON THE MARSH LANDING GOLF COURSE, WHILE PENDING THEY FLIPPED THE NINES SO THIS IS 17. IT IS A PAR FIVE AND IT RUNS COME THE TOP OF THE SCREEN IS THE TEE BOX IN THE BOTTOM TO THE FAIRWAY , IF THE SCREEN WAS IN A LARGER BE STANDING WHERE THE GREEN IS. YOU CAN SEE THE HOME BUILT IN 2020 , WILL TALK ABOUT THAT MORE AND A SECOND. THAT'S THE DRIVER GOING TO CROSS.

KINGFISHER DRIVE TO THE WEST. PEOPLE IN OPPOSITION , THE HOME YOU CAN BARELY SEE TO THE SOUTH WITH THE POOL. LET'S TALK HOW WE GOT HERE. THE PROPERTY PRIMARILY THE GOLF COURSE WAS SOLD BY CHESTER STOKES ML PARTNERSHIP TO CONCERT GOLF.

THE HOA APPROVED A LOAN TO FINANCE THE SALE APPROVED BY 92%. AS PART OF THAT, THESE FLYERS WERE SENT OUT. AS PART OF THE FLYERS, I HAVE HIGHLIGHTED , THERE WAS , A MEMBER OF THE HOA , FOUR LOTS WOULD BE DEVELOPED, TWO BEHIND 15 AND TWO LOTS ON THE OLD NUMBER EIGHT AND 17. THIS WAS THE ORIGINAL PLAN USE ON FEBRUARY. THERE WERE TWO PONDS IN THE NORTHERN PART YOU CAN SEE ON BOTH SIDES OF THE DRIVEWAY AND THEN TWO LOTS . THIS IS THE PLAN AS WE ARE SHOWING TODAY. AGAIN I SUSPECT THIS WILL COME UP, BUT AS I MENTIONED THE PROPERTY IS JUST SHY OF 2 ACRES. IF YOU NOTICE IN THE STAFF REPORT AND TEXT WE ARE ASKING FOR A LOT OF 9600

[01:35:06]

FT.÷ AND SMALLER SETBACKS, WHY ARE WE DOING THAT? WE WANT FOLKS ABILITY TO BE OF THE DONATE THE PROPERTY WE ARE NOT USING BACK TO EITHER THE HOA OR TO THE GOLF COURSE. KEEPINGTHE LOT 9600 FT.÷ GIVES US FLEXIBILITY TO DO THAT. IS A BECOMES AN ISSUE WE ARE FINE MAKING THE LOT LARGER WITH A LOT OF HOMES IN THE AREA 20,000 TO 30,000 SQUARE-FEET. TAKING THE LOT LARGER ON THE TEXT THEN ON THE SITE PLAN WILL NOT CHANGE THE ACTUAL DEVELOPMENT OR THE AMOUNT OF OPEN SPACE, JUST THE NUMBER ON IT, THIS WILL ONLY BE ONE HOME. THE SMALLER THE LOT THE MORE FOLKS ABILITY WE HAVE TO GET BACK. I FIND THIS INTERESTING. BECAUSE THE DRI WAS APPROVED TO THE COMP PLAN YOUR COMP PLAN MAKES THIS ITS OWN DESIGNATION.

ORIGINAL DRI AND PUD WERE APPROVED IN THE 70S. YOU CAN SEE THE DUVAL COUNTY BORDER. THIS IS THE ORIGINAL DRI MAP.

TO YOUR LEFT IS THE NORTH DUVAL COUNTY BORDER AND TO THE SOUTH , I BRING THIS UP TO SHOW HOW MUCH THIS HAS CHANGED OVER THE LAST 40 OR 50 YEARS OF DEVELOPMENT. THE LITTLE NUMBERS ARE THE DENSITIES OF THE PROPERTY. THE PROPOSED DENSITY UNDER THIS DRI THE COMP PLAN IS TWO UNITS PER ACRE.

THIS WAS THE LATEST VERSION I COULD FIND AND STAFF COULD FIND OF THE OVERALL PUD. YOU CAN TALK ABOUT HOW THE PUD WAS DEVELOPED. A COUPLE THINGS TO POINT OUT, THERE IS A DRIVING RANGE ON IT, A CLUBHOUSE THAT'S CALLED OUT ON IT, THERE IS OFFICE SPACE. IT WAS A LITTLE BIT OF MULTIFAMILY CHANGING OVER THE YEARS WITH SOME COMMERCIAL. IF YOU NOTICE THERE IS NO GOLF COURSE SPECIFICALLY CALLED OUT IN THE ORIGINAL PUD. THE ORIGINAL PUD AND DRI , IN YOUR STAFF REPORT FOR OVER 12,000 DWELLING UNITS , 1000 WERE DEVELOPED. THE REASON I BRING THAT UP ON THE NEXT POINT IS WHEN I FIRST STARTED LOOKING AT THIS AND WAS BROUGHT ON BOARD I CONTACTED STAFF BECAUSE I CANNOT FIGURE OUT WHY THIS WAS A MAJOR MODIFICATION. WE HAVE THE DEVELOPMENT RIGHTS, LOOKING AT THE PROPERTY, ON THE PUD I CANNOT FIND OUT THE NEW USE OR CHANGE. STAFF AND THE COUNTY ATTORNEY BRIEFED US THIS WAS APPROVED AS MINOR MODIFICATION ONLY GETTING VOTED ON BY YOUR SO WHAT DID WE DO IS A MAJOR MODIFICATION? THOSE IN OPPOSITION SAID THEY WOULD APPEAL IF THEY LOST SO IN ORDER TO BE MOST EFFICIENT USE OF TIME WE DECIDED TO PROCESS THIS IS A MAJOR MODIFICATION IF YOU LOOK AT THIS, THIS IS THE FINAL DEVELOPMENT PLAN FOR THIS AREA OF MARSH LANDING THE WAY IT USED TO WORK IF YOU HAVE THE OVERALL BUBBLE PLAN THE ORIGINAL PUD AND DRI AND YOU HAD INDIVIDUAL FINAL PLANS THAT CAME IN AND IMPLEMENTED THE SECTIONAL THE MAP SECTIONS THAT YOU DO , THIS WAS SILVERLEAF. THIS IS HOW IT USED TO BE PROCESSED. THIS WAS ONE OF THE LAST SECTIONS OF MARSH LANDING PROCESSED WITH THE COMP PLAN. THE REASON THAT'S IMPORTANT, IS THE ORIGINAL PROPOSAL WAS 66 RESIDENTS AND OTHERS CAME UP , THE COMMISSIONER BROUGHT IT UP AT THE LAST MEETING. IS THERE A RED LINE BETWEEN THE TEXT OF WHAT YOU'RE PROPOSING VERSUS THE ORIGINAL, THE ORIGINAL DO NOT HAVE DEVELOPED STANDARDS BUT THE FINAL DEVELOPMENT LANDED. 20 FOOT YARD SETBACKS, 5 YARD SETBACKS, TWO TOTAL SIDE YARDS. THE KEY POINT TO FOCUS ON HIS IT WAS 66 RESIDENTS OVER AN AREA OF 80 ACRES. ONLY 65 OF THE LOTS WERE DEVELOPED. WHY IS THAT? HERE'S OUR PROPERTY.

LOOK AT THE PROPERTY IMMEDIATELY TO THE LEFT. THAT IS LOT NINE, LOT NINE WAS ORIGINALLY A SINGLE-FAMILY LOT AND IT WAS PLATTED AS A SINGLE-FAMILY LOT, THE 66 LOT DEVELOPED. WHAT HAPPENED TO IT? MR. STOKES DONATED IT TO THE SECTIONAL HOMEOWNER ASSOCIATION FOR THE AREA IN 2002. WE

[01:40:07]

HIGHLIGHTED THAT TO LET YOU KNOW THE PROPERTY COULD ONLY BE USED AS A COMMON AREA. THIS IS ANOTHER VIEW ZOOMING IN ON THE DEVELOPMENT PLAN FROM 1994. LOT NINE, THE LOT WE ARE PROPOSING IS RIGHT NEXT TO IT. THIS IS A VIEW OF LOT NINE FROM THE GOLF COURSE. I THINK THAT'S THE HOME, YOU CAN SEE THE ROOF IN THE BACK. THIS IS THE LANDSCAPE PLAN THAT I PUT FORTH, WE JUST GOT THIS LAST WEEK. SHOWING THE APPROXIMATE LOCATION OF THE HOME AND THE LANDSCAPING. AND OTHER CONCERNS ABOUT SETBACKS WHERE WE PUT THE HOME AND THE FACT THAT THE SITE PLAN SAYS THE HOME IS APPROXIMATION. WE WILLING TO COMMIT THE HOME SHOWN ON THE SITE PLAN WE ARE NOT MOVING THAT ANY MORE THAN 20 FEET IN ANY DIRECTION. WE HAVE TO HAVE SOME WIGGLE ROOM FOR FINAL ENGINEERING, BUT WE ARE COMMITTED TO MAKE SURE THE SITE IS AN APPROXIMATE LOCATION. FOR REFERENCE BETWEEN THE BACKYARD THE SOUTHERN PART CLOSEST TO US THERE 65 TO 70 FEET FROM THAT TO THE POND AND FROM THE POND TO THE SOUTHERN PROPERTY LINE IS 80 FEET. 130 TO 150 FEET FROM THE REAR OF THE HOME TO THE SOUTHERN PROPERTY LINE. I TOUCHED ON THIS EARLIER BECAUSE THERE WERE A LOT OF QUESTIONS. DENSITY HOME BUILT IN 2020, 2021. THE PROPERTY LINE GOES TO THE NORTH AROUND OUR PROPERTY. THEY DON'T HAVE A RECORDED EASEMENT AND MY UNDERSTANDING IS MR. STOKES ALLOW THEM TO BUILD THE DRIVER. THERE'S A LOT OF QUESTIONS WHATEVER DRIVEWAY ACROSS THE PROPERTY AND TO EXPLAIN WHY WE DID NOT HAVE THE HOME FURTHER AWAY. THIS IS A VIEW FROM THE SOUTHWEST CORNER OF THE PROPOSED HOME FACING SOUTHEAST. YOU CAN SEE HERE IS WHAT THAT LOOKS LIKE THAT'S WHERE THE PICTURE WAS TAKEN ON THE PROPERTY. TRYING TO APPROXIMATE THE DIMENSIONS OF THE HOME. THIS IS THE NORTHEAST CORNER FACING NORTHEAST. THIS IS THE SOUTHEAST CORNER FACING SOUTHEAST. YOU CAN SEE THE WALL OF THE HOME THERE AND AGAIN APPROXIMATE LOCATION. SOUTHWEST CORNER IN THE SOUTHWEST THAT'S LOT NINE FACING TOWARD THE OFFERED HOME. THIS IS A PICTURE FROM THE PROPERTY LINE OF THE NORTHWESTERN PORTION OF THE PEAK HOME FACING THE PROPERTY AND WE HAVE SOME RENDERINGS OF WHAT THE HOME WILL LOOK LIKE.

THIS IS THE VIEW FROM THE NORTH SIDE OF THE POND. FROM THAT LOCATION. THIS IS THE PLAN WE ARE COMMITTED TO. NOT MOVING THE HOME 20 FEET IN ANY DIRECTION. THIS IS DRIVING SOUTH ON KINGFISHER, THAT THE OAKLEY HOME TO THE LEFT, THE HOME WE ARE PROPOSING WITH TREES THERE. AGAIN NOW NOT ON KINGFISHER ANYMORE BETWEEN THE ROAD AND THE CART PATH. THIS IS NOT ON THE ROAD, THAT IS FROM THE CART PATH. THE FRONT OF THE HOME, THE REAR WOULD BE FACING SOUTH APPROXIMATELY DOWN THE 17. THIS IS THE VIEW OF THE HOME FROM THE SAME PICTURE THAT I TOOK FROM THE PEAK PROPERTY BOUNDARY. THERE WAS ONE WAIVER REQUESTED FOR ACTIVE RECREATION. I WAS NOT SURE IF THE WAIVER IS NECESSARY. THE CODE REQUIRED HAS EXCEPTION FOR PARCELS LESS THAN 10 ACRES. WE DON'T HAVE TO HAVE ACTIVE RECREATION, GENERALLY YOU HAVE TO DO 1 ACRE. IT IS NOT CLEAR IF THE PARCEL WAS ALL OF MARSH LANDING SO OUT OF ABUNDANCE OF CAUTION WE ADDED THAT. PRACTICALLY SPEAKING THE CODE ALLOWS FOR SUBSTANTIAL COMPLIANCE AND HAVING 1 ACRE OF RECREATION IS ESSENTIALLY A 2 ACRE LOT WITH A DRI EXISTING 50 YEARS FOR ACTIVE RECREATION. ONE OF THE OTHER REQUIREMENTS IS 25% BE OPEN SPACE. THE FOOTPRINT OF THE HOME IS APPROXIMATELY 3000 SQUARE-FEET MAXIMUM. THAT EQUATES TO 4% FOR

[01:45:05]

THE ENTIRE PROPERTY. FACTOR IN THE DRIVEWAY IT IS DOUBLING.

LOOKING AT 90% OF THE PROPERTY AND HAPPY TO ENTERTAIN ADJUSTING THE LOT SIZE IF THAT'S AN ISSUE WITH SETBACK JUST KEEP IN MIND WHATEVER WE DO THAT'S PROPERTY WE CAN GET BACK TO THE HOA AND THE GOLF COURSE. WITH THAT I HAVE DAVE TAYLOR TO ANSWER QUESTIONS ABOUT ENGINEERING. OR DRAINAGE.

HAPPY TO ANSWER QUESTIONS. >> ANY OTHER QUESTIONS? DR.

HILSENBECK. >> GIVEN THAT THERE ARE OTHER PLATTED LOTS, MAYBE 1100 OTHERS , MAYBE ALL OF THOSE CAN'T BE

BUILT ON, 100 COULD BE. >> HAVING SEARCHED ALL THE FINAL DEVELOPMENT PLANS AND PLATS I COULD FIND I COULD NOT FIND ANY OTHER UNDEVELOPED PLATTED LOTS DESIGNATED. ZERO I COULD NOT FIND ANY. GRANTED I WAS MOSTLY FOCUSED ON THIS AND THE PROPERTY BUT I DID NOT FIND ANYTHING. TALKING ABOUT LOTS

PLATTED DESIGNATING A LOT. >> LOOKING AT AERIAL PHOTOS ON GOOGLE EARTH AND I SAW THERE COULD BE A LOT OF LOTS IN THE AREA BUT I DID NOT HAVE THE PLAT .

>> THIS IS MORE , BUT ONE OF THE THINGS INTERESTING LOOKING AT THE PROPERTY AND A LOT OF AREAS THERE'S A LOT OF AREAS WITH THIS LARGE DEVELOPMENT NOT PLATTED AT ALL. JUST DESIGNATED AS NON-PLATTED AREAS. THIS AREA OF THE GOLF COURSE IS DESIGNATED AS A TRACK WITH RESTRICTIONS ALLOWING THE RIGHT TO CONVERT TRACKS INTO LOTS. I DID NOT LOOK AT THIS, UNIT 29 OR ANY FINAL DEVELOPMENT PLAN AND I DID NOT FIND ANY LOTS DESIGNATED FOR THAT AND FOR THE GOLF COURSE AS OF TWO YEARS AGO RESTRICTED TO GOLF COURSE USES .

>> JUST STRIKES ME AS TO WHY RIGHT THERE , WHY THIS LOT IS SO IMPORTANT ON THIS PIECE OF PROPERTY THAT HOUSE NEEDS TO BE

PUT ON IT. SOME CONCERN WHY. >> CAN GO TO ALL THE REASONS.

THERE WAS A LOT OF NEGOTIATIONS BETWEEN HOA AND MR. STOKES AND THE PICKED AT THE AREA AND THE HOA LOOK AT THIS. MY GUESS IS THIS WAS A LOT NEAR AN EXISTING ROADWAY AND THE ONLY OTHER HOME ON THAT SITE OF THE ROAD ALREADY CROSSES THE GOLF COURSE

>> I DON'T KNOW IF THOSE DISCUSSIONS CAME UP BUT THIS IS

NEXT TO PARCEL DESIGNATED. >> IF THIS IS APPROVED GOING TO TRY TO DENY THE PERSON WHOSE DRIVER COMES ACROSS THE PROPERTY? I DON'T THINK YOU COULD GET AWAY WITH THAT.

>> I DON'T THINK SO. >> THAT'S IT FOR NOW, THANK

YOU. >> MR. GREEN.

>> I MIGHT HAVE QUESTIONS LATER. GO BACK TO THE RETENTION POND. YOU DON'T HAVE TO PUT IT UP, BUT WHAT'S GOING TO HAPPEN IF THIS IS APPROVED? DOES NOT GO TO THE GOLF COURSE OR THE

HOA? >> SOMETHING THAT WILL DO WHAT THE HOME FOR NOW. IF THERE IS AGREEMENT WORKED OUT FOR THE GOLF COURSE WANT TO TAKE OVER MAINTENANCE.

>> THAT'S MY QUESTION. WHO WILL MAINTAIN?

>> RIGHT NOW THE HOMEOWNER HAS TO DO IT.

>> WOULD BE CONSIDERED A WET POND?

>> YES IT WOULD BE CONSIDERED A POND .

>> LOOKS LIKE IT'S GOING TO BE WET. OKAY THAT'S ALL.

>> ANY OF THE QUESTIONS? OKAY WE ARE GOING TO GO TO PUBLIC COMMENT, BEFORE WE DO WOULD YOU LIKE TO SPEAK?

>> JUST PAUSING RIGHT HERE. ATTORNEYS ARE SWORN AND REQUIRED TO PROVIDE TRUTHFUL TESTIMONY TO ANY JUDICIAL BODY SO ALL THE ATTORNEYS TESTIFYING ARE UNDER OATH. IF ANYBODY WANTS TO SWEAR IN WHEN THIS IS LET ME KNOW AND WE CAN SWEAR

THE MEN AT ONCE. >> FOR THE RECORD I ASK NO ATTORNEYS IDENTIFY THEMSELVES AS EXPERTS.

>> I DID NOT HEAR THAT . REPEAT THAT PLEASE.

[01:50:04]

>> FOR THE RECORD I WOULD ASK IF ATTORNEYS ARE NOT SWORN IN THEY NOT IDENTIFY AS EXPERTS. ONLY FACT WITNESSES CAN BE

EXPERTS. >> THANK YOU.

>> ANY WAY WE CAN JUMP TO THE OTHER POWERPOINT PRESENTATION? ST. JOHN'S LAW GROUP TO OVERLY LEGALIZE OR COMPLICATE THIS. I THINK YOU CAN QUICKLY FOCUS IN ON THE FACT THAT YOU HAVE A DEVELOPMENT PROJECT THAT IS WAY BEYOND DEVELOPMENT AND CONTINUING DEVELOPMENT. AS YOU HEARD FROM THE PRESENTATION THIS PROJECT WAS APPROVED 50 YEARS AGO. THE LAST FINAL PLAN MAP WAS 1994. WE ARE 30 YEARS INTO THE FUTURE. IS NOT DEVELOPING GOING ON. FOR THOSE OF US THAT LIVE HERE LOOKING AT MARSH CREEK WOULD WE BELIEVE MARSH CREEK IS STILL UNDER DEVELOPMENT? SAME THING HERE. YET HERE'S THE DEVELOPER COMING IN WITH SOME TECHNICALITY. GREAT QUESTIONS AS TO HOW ARE WE HERE? WHY THIS PARTICULAR PIECE OF LAND. KIND OF INTERESTING. LET ME SHOW YOU OTHER PHOTOS AND HOPEFULLY I CAN PRESENT SOME CLEAR PHOTOS THAT SHOW SO YOU CAN GET A PICTURE AND IDEA OF WHAT'S GOING ON. YOU CAN SEE THE ZOOMED IN AERIAL. SOME AREAS IN HERE TO TAKE A LOOK AND SEE.

THOSE ARE THE TEA BOXES FOR THE EIGHTH HOLE. AND THEN ALSO YOU CAN SEE A SIGNIFICANT AMOUNT OF WETLANDS. AS YOU HAVE HEARD FROM FOLKS TIME TO TIME COMING IN HERE OR TO THE BOARD OF COUNTY COMMISSIONERS AND COMPLAIN ABOUT DRAINAGE AND STORM WATER AND MARSH LANDING, IT'S A KNOWN PROBLEM THERE ARE DRAINAGE ISSUES IN MARSH LANDING. LOOKING UP IN THIS AREA, AGAIN MORE OF THE LOW-LEVEL AREA HOLDING WATER.

MY PICTURES BY THE WAY, THESE WERE TAKEN FROM THE COUNTY I MAP SYSTEM OR FROM THE APPRAISER DATABASE. AGAIN WETLANDS AREAS, DIRECTLY ADJACENT BETWEEN THE HOUSE AND THE HOME. HERE IS THE SITE PLAN WHERE YOU CAN SEE AND IT WILL COME BACK TO THIS, BUT THERE'S NOTHING IN THE PUD TEXT TO LIMIT WITHOUT CAUSE. IN FACT THEY SAY PUT IT WHERE YOU WANT.

IN THE PUD YOU HAVE CONSIDERATIONS. THIS IS THE POLICY PLAN AND IT APPLIES TO MAJOR MODS AS WELL. LOOK AT THE LANGUAGE IF I BLOW IT UP TO YOU CAN READ IT. NOW HERE TO ENSURE COMPATIBILITY OF ADJACENT YEARS, NO YOU SHOULD UNDULY NEGATIVE IMPACT ANOTHER COMPATIBILITY, MAINTAIN CHARACTER OF EXISTING DEVELOPMENT. COMPATIBILITY WAS RUNNING YEARS, AESTHETIC, NOISE, DRAINAGE, TO ARGOSY. ALL THOSE DIFFERENT FACTORS. COMPATIBILITY. IS NOT COMPATIBLE IT SHOULD NOT BE APPROVED. MORE ON COMPATIBILITY WHICH GOES ON TO TALK ABOUT THE CRITERIA FROM THE BOARD OF COUNTY COMMISSIONERS TO REVIEW AND LOOK AT IT. LET'S LOOK AT THE PUD TEXT NOW THAT WE HAVE THAT FRAMEWORK. HOW MANY SQUARE-FEET IS THE LOT? HERE IS THE LOT AND THE LOTS AROUND THEM, THEY ARE SIGNIFICANTLY LARGER AND THE ONE A 9600 SQUARE-FOOT LOT. IF YOU HAVE 9600 FEET DON'T LOSE SIGHT OF THE FACT THAT THEY WANTED TWO HOMES OF THE LOCATION. NOT JUST ONE. IF YOU APPROVE 9600 TO HAVE A TROJAN HORSE TO COME BACK AND GET MORE? WHEN THIS CAME TO YOU BEFORE IT WAS FOUR.

TWO HERE AND TWO ON THE 15TH. THERE PROCESSED APPLICATION FOR A SMALL ADJUSTMENT TO TRY TO GET THE TWO ON THE 15TH, THAT'S STILL PENDING OUTSIDE OF YOUR PURVIEW, BUT THERE IS MORE GOING ON HERE AND POTENTIALLY MORE IN THE FUTURE IF THIS GETS APPROVED BECAUSE IT'S THE BREAKING OF THE DAM POTENTIALLY. SETBACKS ARE SMALL, MINIMUM LOT THEY SAY THIS IN TWO PLACES AND THEN MINIMUM LOT COVERAGE OF 65%, THAT'S INTERESTING. THEY CAN PUT A GIANT HOUSE ON THIS. THEY ASKED FOR 65%. LOOK AT THE RESIDENTIAL LAND-USE IN THE CONFERENCE A PLAN DOESN'T MATTER , CLEARLY THERE WOULD BE

[01:55:04]

ONE OF THOSE, A AND B HAVE TO FIT IN SOMEWHERE BUT THEY WANT 65% LOT COVERAGE. ACCESSORY USE. WHAT THEY'VE GOT, THEY WANT TO PUT FENCES SO THEY CAN FENCE AROUND THE PARCEL. FOR ACCESSORY USE, THEY CAN PUT A GENERATOR WITH REDUCED SET BACK DOWN 5 FEET. THERE'S A LAUNDRY LIST OF ACCESSORY USE. THEY CAN PUT ANYTHING THEY WANT WITHIN 5 FEET OF THE PROPERTY WHICH MEANS THE POND ON THE SITE PLAN THEY COULD PUT THE POND IN THE FRONT YARD, THE GENERATOR IN THE BACK. THERE ARE SO MANY OPTIONS OF WHAT THEY CAN DO BECAUSE THEY HAVE FLEXIBILITY IN HOW THEY APPLY FOR THE APPLICATION. AND FOR STRUCTURE THEY DON'T NEED ANYTHING RELATED TO OPEN SPACE. WHEN I PROCESS A MAJOR MODIFICATION WITH THE COUNTY WHICH I RECENTLY DID FOR THE HAPPY ROAD PUD AND YOU WERE GRACIOUS ENOUGH TO GRANT THAT. IN A PUD THAT BEGAN IN 1980, MODIFIED MULTIPLE TIMES , WAS TO TAKE THE TEXT AND REWRITE IT INTO ONE DOCUMENT. TO THEN SHOW WHAT WAS MODIFIED AND HOW OPEN SPACE REQUIREMENTS AND RECORDATION REQUIREMENTS WERE MET. THAT'S NOT BEING DONE HERE. QUITE FRIENDLY NOT AN EVEN PLAYING FIELD FROM THAT PERSPECTIVE. THE PROJECT IMPACT AND BENEFITS GOING DOWN TO READ WITH EVERTON IT DOES NOT MATCH UP I DON'T BELIEVE IT IS ADDRESSING WHAT'S IN THE CONFERENCE A PLAN FOR CRITERIA REQUIREMENTS. BY THE WAY ONE OF THE JUSTIFICATIONS IS A NEW SINGLE-FAMILY HOME WILL FILL THE EXISTING NEED FOR NEW HOUSING IN THIS LOCATION OF PONTEVEDRA IN ST. JOHN'S COUNTY . THEY NEED ANOTHER HOUSE. AND THEN YOU LOOK AT THE WAIVERS. THIS IS A BIG ISSUE. NOT ONLY OPEN SPACE, THEY HAVE A WAIVER RELATED TO ACTIVE RECREATION BUT THEY HAVE NOT RELATED TO OPEN SPACE RELATED TO REDOING THE PUD TEXT TO SHOW WHAT'S CHANGED AND HOW THIS FITS INTO THE PROJECT. HAVE OVER 1000 UNITS THEY HAVE BUILT. THE WAIVERS ARE IMPORTANT BECAUSE OF THAT THE APPLICATION DOES NOT COMPLY WITH LDC. FROM A LEGAL STANDPOINT THIS , LEGALLY THE COUNTY CAN DENY FOR ANY REASON. THE MAJOR MOD IS REQUESTING A WAIVER WHICH DOES NOT COMPLY WITH THE COUNTY CODE SO YOU CAN DENY. IS NO COMPETENT SUBSTANTIAL EVIDENCE AND THE BURDEN HAS NOT SHIFTED FROM THE APPLICANT TO THE COUNTY OR FROM THE APPLICANT TO THOSE HERE IN OPPOSITION BECAUSE THEY NEVER THE BURDEN BECAUSE THEY DON'T COMPLY WITH THE CODE. LEGALLY HAVE THE ABILITY. THE COUNTY COMMISSION HAS THE ABILITY TO DENY OPEN SPACE REGULAR TEXT THEY'RE NOT EVEN ADDRESSING IT AND IS NOT ADDRESSED ON THE WAIVER. I WILL SKIP THROUGH HERE WITH LIMITED TIME. A COUPLE OF VIEWS. I KNOW THE ELEVATION, HOW DID YOU GET THE SIZE? I TOOK AN EXISTING HOUSE CUT AND PASTED INTO THE MIDDLE OF THE LOT THAT'S LOOSELY WHAT IT COULD LOOK LIKE FROM THE ROAD. IF YOU LOOK AT THE PEAK HOME FROM THE BACKYARD YOU CAN SEE THE POOL AND WHERE THERE COULD BE A HOME. THAT'S ABOUT WHERE IT WOULD BE IF THEY MOVE THE HOUSE. AGAIN THAT HOUSE JUST FLIPPED OVER TURNED AROUND BACKWARDS TO THIS HOUSE. 5 FOOT AND 10 FOOT SETBACK.

LOOKING FROM THE GOLF COURSE IT WILL CHANGE EVERYTHING TALKING ABOUT 30 YEARS LATER. TAKING AWAY THE GOLF COURSE VIEW. DOES ANYBODY BELIEVE THE DEVELOPER DID NOT SELL THOSE LOTS AT A PREMIUM WITH GOLF COURSE VIEW? THAT CAN BE SHOWN JUST BY THE FACT OF THAT'S WHAT HAPPENS IN THE INDUSTRY. IT'S A GOLF COURSE LOT, HOMES ARE BUILT ON THE GOLF COURSE. AGAIN THIS IS THEIR MAP LOCATION SINGLE-FAMILY HOME APPROXIMATION. THEY CAN MOVE IT AROUND. LOOKING FROM THE PEAK HOME TO THE AREA THIS IS WHERE YOU HAVE A HOUSE. THIS IS FROM THE DECK, YOU CAN SEE THE SUMMER KITCHEN HERE. PICTURE ON THE LEFT DOWN TO THE SUMMER KITCHEN AREA. THEN YOU HAVE MATERIAL CHANGE IN THE VIEW OF WHAT THEY LOOK AT IN THE BACKYARD OF THEIR OWN ENTERTAINING. YOU CAN HAVE A HOUSE BACKED UP WITH A POOL IN THE REAR YARD. TRAMPOLINES VERSUS THIS PASSIVE ACTIVITY. YOU CAN SEE THE SPACE IN THE REAR YARD. FUTURE MAJOR MODS. THIS DEVELOPER BEFORE

[02:00:01]

TRANSFERRING HAS 135 ACRES OF LAND THAT WE COULD FIND EASILY IDENTIFIED IN THE AREA. BECAUSE THE COVENANT SAYS THEY CAN PLOT THAT DOES NOT SAY THEY ARE ALLOWED TO REZONE, THEY CAN PLOT DURING THE DEVELOPMENT, NOW WE ARE 30 YEARS FROM THE FINAL PLAN AND THEY HAVE ALL THE LAND. WE MAY RUN THE RISK.

HOW MANY MORE WILL WE HAVE? THE GOLF COURSES ON SOME OF THESE PLOTS. IT HAS THE GOLF COURSE LISTED ON THE PLANTS IN GREELEY PEOPLE BOUGHT IN LINES OF THAT. THAT'S ALL I GOT OTHER THAN A FRONT VIEW OF THE PEAK HOME AND YOU CAN SEE WHERE IT COULD IMPACT THE FROM VIEW OF THE HOME. WERE THEY TO HAVE A HOUSE BACK DOWN TO THE RIGHT. THANK YOU.

>> EXCUSE ME, CAN YOU STATE WHETHER YOU WORK FOR THE CITY BECAUSE I DON'T KNOW IF HE IS YOUR REPRESENTING HOMEOWNER WHERE THE HOA.

>> HOMEOWNERS. >> I WOULD LIKE TO CLEVER BECAUSE THERE IS AN AGREEMENT WITH HOA, DOES THE HOA HAVE

TROUBLES WITH THIS? >> I'VE NOT SEEN ANYTHING RELATED TO THE HOA WHETHER OR NOT THEY ARE A PLAYER. I CAN SAY SOME OF THE INFORMATION PREVIOUSLY SUBMITTED IS NOT IN THE PACKET TODAY BUT I REPRESENT SPECIFICALLY GENE PEAK AND HIS WIFE AND OTHER RESIDENTS IN THE IMMEDIATE AREA.

>> GOOD AFTERNOON. FOR THE RECORD MY NAME IS JAMES WHITE HOUSE, ST. JOHN'S LAW GROUP HERE IN ST. JOHN'S COUNTY. I AM RECOGNIZED BY THE STATE OF FLORIDA AS AN EXPERT LEGALLY IN CITY COUNTY AND LOCAL GOVERNMENT LAW. I AM HERE ON BEHALF OF THE FAMILY PRIMARILY AT 333 HAS LIVED IN THE AREA MANY YEARS, MORE SPECIFICALLY AT THEIR HOME WHICH IS ADJACENT AS YOU HEARD HERE IN THIS AREA , THE GOLF COURSE AREA THEY WANT TO PUT A HOUSE. TEE AREA OF NUMBER EIGHT WHICH IS NOW 17. YOU CAN SEE THE OVERALL VIEW.

MARSHALL ENDING IN THE HEART OF THE MARSH LANDING SUBDIVISION WHICH WAS ESTABLISHED THREE AND HALF DECADES AGO FOR A PLANNED GATED COMMUNITY AS YOU KNOW INCLUDING HOUSING AREAS DESIGNATED A GOLF COURSE BETWEEN CUSTOM HOUSING AREAS AND LOTS OF PRESERVED AREAS. THE PLAN REMAINS TODAY AS APPROVED. THIS IS FROM THE MARSH LANDING WEBSITE, TALK ABOUT MARSH LANDING POSTING PRESERVES UPON THE NATURAL BEAUTY, BRAGGING WE TOOK TIME TO GET IT RIGHT, TO TALK ABOUT HOW MARSH LANDING IS A PREMIER GATED COMMUNITY A COUPLE MILES FROM THE OCEAN AND FOR MORE THAN 30 YEARS CONCERN FOR NATURE AND ENVIRONMENT HAS BEEN FOR MOST IN THE DEVELOPMENT OF MARSH LANDING. THEY TOOK THEIR TIME AND PRESERVED NATURAL BEAUTY OF THE OAKS, PINES AND PALM TREES THROUGHOUT. THIS IS THE AREA FROM THEIR WEBSITE THAT SHOWS WHERE THIS HOLE IS, IN PARTICULAR WHERE THEY WANT TO PUT A HOUSE. YOU CAN SEE A COMMENT FROM THE ALFRED'S AS PART OF THE RECORD IN THIS IS THE STATEMENT. WHAT'S DISTURBING ABOUT THE DEVELOPMENT IS MR. STOKES IS THE APPLICANT, IT IS SHOCKING THE DEVELOPER WHO DESIGNATED AND PLOTTED FOR THE NEIGHBORHOOD ON WHICH I AND MANY OTHER HOMEOWNERS HAVE RELIED NO DECADES LATER SEEK TO DESTROY THOSE IMPORTANT FEATURES TO MAKE A FEW ADDITIONAL DOLLARS ON HIS EXIT FROM THE COMMUNITY. YOU HEARD A LITTLE BIT ABOUT MR. MILLER TALK ABOUT HOW WHEN THE HOA AGREED, HE DID NOT TALK A LOT ABOUT HOW THAT HAPPENED. HE SHOWED YOU ONE OF THE PAMPHLETS THAT TALK ABOUT FOUR LOTS. DID NOT SAY WHERE THEY WOULD BE IN THE DISCUSSION WHICH YOU HAVE SEEN FROM THE PREVIOUS HEARING FROM MANY PEOPLE WHO SUBMITTED LETTERS THAT MAY OR MAY NOT BE IN THE PACKET TODAY. THEY DID NOT KNOW WHAT WOULD HAPPEN, THEY WERE TOLD THE GOLF COURSE WOULD BE PLOWED UNDER IF THEY DID NOT AGREE THAT THE DRIVING RANGE WOULD BE PLOWED UNDER THAT'S HOW THEY GOT 92% TO AGREE TO ALLOW THEM TO HAVE SOME LOTS IN HERE WHEN YOU HAVE A VOTE. IN ANY CASE YOU CAN SEE

[02:05:02]

HOW THIS LOT ITSELF, THE PARCEL WAS TRANSFERRED FROM ML PARTNERSHIP TO FROM KINGFISHER DRIVE. THAT'S WHERE THEY WANT TO PUT THE HOUSE OVER HERE. HERE IS A , I DON'T KNOW, WILL IT PLAY? MAYBE IT WON'T COME ANYWAY THIS WAS A VIDEO I SHOWED LAST TIME. THE OVERHEAD IS ON THEIR WEBSITE WHICH SHOWS A FLYOVER OF THE BEGINNING OF THE TEE. IN ANY CASE AS I SAID THEY WANT TO PLACE A HOUSE AND NEVER ENVISIONED AREA FOR HOUSING UNTIL AUGUST AREA FOR HOUSING UNTIL AUGUST 2023 WHEN MR. STOKES TRANSFERRED LAND TO HIMSELF OR HIS COMPANY . THE FAMILY HAS MAJOR CONCERNS ABOUT THE PROPOSED MODIFICATION RELATED TO THE SUGGESTED DEVELOPMENT ON KINGFISHER DRIVE, CONCERNS RISE TO THE LEVEL OF OPPOSITION TO THIS MAJOR MODIFICATION TO THIS LONG-ESTABLISHED PUD. THIS AREA WAS NEVER ENVISIONED IN THE ORIGINAL PLAN UNTIL NOW WITH MAJOR MODIFICATION TO THE DECADE-OLD PUD CONTAINING CHANGES THAT WOULD MATERIALLY CHANGE THE COMMUNITY AND USES THAT ARE INCONSISTENT AND INCOMPATIBLE WITH THE SURROUNDING AREA. THERE ARE MANY LONG-TERM RESIDENTS IN THE BEAUTIFUL AREA OPPOSED TO THE SUGGESTION AND WOULD DEVASTATE AREAS IN THE PUD THAT FOR DECADES STOOD AS PRESERVED AREAS AND GOLF COURSE AREAS . AGAIN THIS KIND OF SHOWS YOU A LITTLE BIT MORE ABOUT WHERE IT IS, THE RED AREA IS THE AREA THEY WANT TO MAKE FOR HOUSE, THE GREEN AREA , THE MAJORITY OF THE COMPLAINING RESIDENTS IN OPPOSITION TO THIS. HERE YOU CAN SEE WHERE THE FAMILY LIVES RIGHT HERE. THEY DO LOOK OUT , HE SHOWED YOU ANGLES FROM HERE WE LOOK AT THE VEGETATION, THIS , HE TALKED ABOUT THIS LOT BEING TRANSFERRED, IT WAS TRANSFERRED BECAUSE IT WAS ALL WET AND THEY WOULD HAVE TO PAY MEDICATION TO DEVELOP. THIS IS FROM THE INITIAL PLAN AS YOU SAW AND THEY DON'T REALLY TALK ABOUT WHAT THEY WILL DO TO THE WETLAND AREA, THERE IS NO PRESERVATION. SOME STATEMENTS FROM THE LETTER THAT IS IN THE RECORD FROM MR. ALFORD AND HIS FAMILY TALKING ABOUT FIRST-HAND EXPERIENCE ON THIS CORNER AND THE FLOODS AND THE NEW DEVELOPMENT WILL ONLY ADD TO THE PROBLEM THEREFORE THEY HAVE AN ISSUE WITH THIS AND THEY LIKE TO SEE MORE SENSIBLE STORMWATER MANAGEMENT. HERE'S THE NEW PLAN COMPARED TO THE OLD PLAN. THE LOCATION OF THE SINGLE FAMILY HOME IS THE APPROXIMATE LOCATION, THEY CAN MOVE ANYWHERE IN HERE. IT IS IMPORTANT TO NOTE WHEN YOU LOOK AT THE TEXT CLOSER, THEY TALK ABOUT MAJOR CHANGES BUT THESE ARE NEARLY STATED AS INTEND. THAT TALK ABOUT CONTROLLING STORM WATER, YET THEY SAY MAY INCLUDE THESE THINGS AND IT WILL BE DETERMINED AT THE APPLICANT'S DISCRETION. IF THEY DECIDE NOT TO, THEN THEY DECIDE NOT TO. THEY ALSO LIST UNDER DRAINAGE THE LOT OWNERS SHALL BE RESPONSIBLE FOR RETENTION OF STORM WATER UNLESS THE AREA WHERE MANAGEMENT EXISTS IS DEEMED AND OTHERWISE CONTAINED TO THE OWNERS ASSOCIATION. THAT'S WE GET TO THE POINT MAKING IT SMALL OR TRANSFERRING TO THE ASSOCIATION. THEN THEY DON'T WANT TO DO STORMWATER MANAGEMENT FROM THE OWN LANGUAGE THEY SUBMITTED AND THEY ALSO SUBMIT ON NUMBER SIX MAXIMUM ISR , SHOULD BE 70%? 70% IS MORE THAN COMMERCIAL ALLOWS IN THE AREA. MOST AREAS IN PONTEVEDRA ARE 40% RESIDENTIAL. MARSH LANDING GOLF COURSE ON KINGFISHER DRIVE WILL REMOVE BUFFERING, WILL DIMINISH OR ELIMINATE VIEWS, ADD TO FUNDING PROBLEMS AND ALTERED THE PUD, WHY SHOULD THE ADJACENT NEIGHBORS WITH SIGNIFICANT BUFFERS SUFFERED THIS PLAN THAT WAS INSTITUTED AND MAINTAINED OVER 3 1/2 DECADES TO REDO THE PLAN AND PLOW UNDER THE GOLF COURSE ON LAND NEVER INTENDED FOR HOMES. TO CODE 50305 WITH MAJOR MEDICATIONS HANDLED IN THE SAME MANNER AS THE ORIGINAL APPROVAL . FOR THE PUD UNDER CODE ALL REQUESTS SHOWN COULD COPY OF VIRGINAL PUD DOCUMENTS. I TALKED ABOUT THIS LAST TIME THEY'RE STILL NOT IN THERE. YOU DON'T HAVE THE FULL PUD DOCUMENTS. SUPPOSED TO HAVE LOCATION AND DRAWING INDICATING PORTIONS TO BE REVISED TO THE ENTIRE DISTRICT YOU DON'T HAVE THE. MR. MILLER SAYS THERE'S A BUNCH OF INCREMENTAL MAPS. YOU CAN SHOW THOSE SO WE DON'T KNOW WHAT HAPPENED IN THE OTHER AREAS. ALL THE OTHER AREAS WITHIN THIS PUD AND THE CODE

[02:10:05]

SAYS SUCH INFORMATION CONCERNING THE LOT AND OTHER INFORMATION MAY BE ESSENTIAL FOR DETERMINING WHETHER PROVISION OF THE DISTRICT IS BEING OBSERVED. ANOTHER, ANSWER PLAN, TALKS ABOUT REZONING ÚCON SHALL ENSURE COMPATIBILITY OF ADJACENT AND STRENUOUS, PREFERRING TO SENSITIVITY TO PROPOSALS MAINTAINING THE CARE , MAINTAINING THE CHARACTER OF EXISTING DEVELOPMENTS . REZONING REQUEST MAY BE APPROVED ONLY UPON DETERMINATION APPLICATION EVIDENCE PRESENTED ESTABLISHES ALL THE PROPOSED PERMITTED USES ARE COMPATIBLE WITH CONFORMING LAND USE LOCATED ON THE ADJACENT OPERATIVE. ADJACENT RESIDENTIAL FAMILIES HAVE A GENUINE AND REASONABLE MATERIAL OBJECTION TO THE MAJOR MODIFICATION. MAJOR CHANGES ARE INCONSISTENT AND INCOMPATIBLE WITH SURROUNDING AREAS. WE ASK YOU SINCERELY CONSIDER THESE REASONABLE FACT-BASED CONCERNS AND RECOMMEND DENIAL OF THESE REQUESTED MAJOR CHANGES TO THIS PUD. THANK YOU, I'M HERE TO ANSWER ANY QUESTIONS IF NEEDED.

>> ONE QUICK CLARIFICATION. I WANT TO PUT ON THE RECORD MR. WHITE HOUSE IS BOARD-CERTIFIED STATE AND LOCAL GOVERNMENT LAW.

THAT MAKES HIM AN EXPERT IN THE LAW. IS ALSO AN ADVOCATE REPRESENTING CLIENTS. ALL ATTORNEYS HAVE A DUTY TO PROVIDE TRUTHFUL TESTIMONY TO THIS BOARD AND SO, I DON'T WANT TO PUT ANY GREATER EMPHASIS OR IMPACT ON ANY TESTIMONY HE MAY PROVIDE OR FAX HE MAY PROVIDE BECAUSE HE IS A LEGAL EXPERT. HE IS CERTAINLY A LEGAL EXPERT BUT ALL THE ATTORNEYS HAVE A DUTY TO PROVIDE TRUTHFUL TESTIMONY TO YOU AND SO YOU HAVE ULTIMATELY, YOU HAVE THE DECISION TO DECIDE WHEN SOMEBODY IS AN EXPERT OR NOT AND THAT DUTY LIES WITH YOU

AS MEMBERS OF THE BOARD. >> THANK YOU. CAN WE MOVE ON TO PUBLIC COMMENT? SHOULD WE DO REBUTTAL FIRST?

>> MOVE ON TO PUBLIC COMMENT. >> OKAY WE'RE GOING TO PUBLIC COMMENT PERIOD ITEM NUMBER FIVE, PLEASE COME FORWARD. IF THERE ARE MULTIPLE PEOPLE YOU CAN LINE UP AT THE TWO OTHER PODIUMS AND WILL TAKE TURNS TALKING GO AHEAD STATE YOUR

PNEUMONITIS FOR THE RECORD. >> A SIMILAR TACTIC THE SAME DEVELOPER DID FORCING THE GOLF COURSE OUT OF MADEIRA. THIS GENTLEMAN IS A LARGE DEVELOPER, THE PUD HAS BEEN IN PLACE FOR A LONG TIME. IF WE DO THIS WE SET PRECEDENTS TO THE REST OF THE NEIGHBORHOOD. THERE'S A LOT OF OPEN AREAS WE NEED TO NOT SET A PRECEDENT FOR HIM TO REZONE OTHER AREAS HE HAS LEFT. THERE ARE 130 ACRES WHICH SEEMS HEAVY. I THINK YOU SHOULD CONSIDER THE FACTS THAT THESE PEOPLE DID POTENTIALLY BUY PREMIUM PROPERTY KNOWING WHERE IT WAS AND WHAT IT WAS AND HAVE A LARGE-SCALE HOME BUILT IN THE AREA TOUR THEY NEED TO DIG A DRAINAGE TO OFFSET WATER MITIGATION , THERE IS OBVIOUSLY WAYS TO BUILD IN A COMPATIBLE WAY TO YOUR AREA. IF YOU NEED TO BUILD STORM WATER RETENTION POND FOR WHAT YOU ARE PLANNING TO DO, THAT IS EXCESSIVE FOR ONE SINGLE PROPERTY INSIDE OF A WELL-ESTABLISHED PUD WHERE PEOPLE ARE FOR LACK OF A BETTER TERM WEALTHY. WHY WOULD WE IMPACT A VERY WELL KNOWN COMMUNITY TO SET PRECEDENTS BECAUSE THE SETTING OURSELVES UP FOR DISASTER. THAT AREA PRONE TAKING TIDES. WATER MITIGATION , WHAT IT IS NOW, IF YOU START TAMPERING WITH THAT, NO TELLING WHAT DAMAGE IT WILL DO TO THE HOMES AND PROPERTY VALUE. YOU BETTER BELIEVE THESE PEOPLE ARE SAFEGUARDING PROPERTY VALUE AS WELL SO TO LET THE PROPERTY BE BUILT AT THE BACK DOOR. AND WITH ALL THE DATA AND ALL THE PROOF THESE LAWYERS THAT CAME TO PRESENT , ALL OF THAT WAS FACTUAL AND I HOPE YOU CONSIDER THAT BECAUSE THEY'RE THE SAME GENTLEMAN WHO ARE HELPING TO DO THIS TO OTHER AREAS SO THEY'RE WILLING TO STEP UP PLEASE CONSIDER THE

FACT. THANK YOU. >> THIS, IT'S GOING TO SET A PRECEDENT. WE ARE A GOLF COURSE EVERYWHERE, TO THE COMMUNITY. I WOULD LIKE TO REMIND YOU ALL

[02:15:03]

THAT WE JUST BOUGHT $5.8 MILLION OF PGA WORLD GOLF VILLAGE BECAUSE OF A FEELING COMMUNITY. ARE GOING TO CONVERT ALL OF OUR GOLF COURSES TO HOMES ? THERE IS ALL OVER THIS AND I HOPE YOU ALL VOTE NO. THANK YOU.

>> AFTERNOON, 105 CLUB FOREST. I DID NOT COME HERE TO SPEAK, BUT LISTENING, I HAVE TO. 92% OF THE HOMEOWNERS THAT VOTED , I DID VOTE TO DO THIS. WHAT HE LEFT OUT IS THAT THERE WAS A GUN TO OUR HEADS AND THE DEVELOPER SUGGESTED THAT THE DRIVING RANGE, WHICH IS HUGE THAT HAD GONE UNDER ALONG WITH THE CLUBHOUSE AND A LOT OF THE OTHER PLACES , THE MONEY WAS NOT SPENT COME THE CLUBHOUSE WAS NOT SPENT AND IT WAS A DREAM THAT CONCERT GOLF OUT THE RECREATIONAL AREA. THE DEVELOPER SAYS IF THE HOMEOWNERS DON'T VOTE FOR THIS IN A HIGH NUMBER AND HE WILL BUILD MULTIFAMILY DWELLINGS OVER THE NEXT SEVERAL YEARS ON THE DRIVING RANGE. SO THE 92% IS A NUMBER THAT I WISH HE EXPLAINED WHY 92% OF US INCLUDING ME VOTING FOR CONCERT TO COME IN AND PAY HIM MILLIONS OF DOLLARS AND THESE LOTS. IT WAS NOT EXPLAIN CAREFULLY WHERE THE LOTS WOULD BE, IT WAS DEFINITELY NOT EXPLAINED IT WILL BE A DOUBLE LOT TAKING OUT ONE OF TWO SIGNATURE HOLES ON THE GOLF COURSE AND I DID NOT COME HERE TO TALK ABOUT THE GOLF COURSE BECAUSE I'M NOT SURE THE COUNTY SHOULD WORRY ABOUT MARSH LANDINGS GOLF COURSE. I HAVE BUILT IN THERE 35 YEARS AGO AND I BOUGHT THE LOT I BUILT ON 35 YEARS AGO BECAUSE IT'S ON THE NUMBER ONE TEE. AND WE SPENT A YEAR WITH THE DEVELOPER 35 YEARS AGO LOOKING DOWN THE FIRST FAIRWAY SO IT WOULD BE BEAUTIFUL, UNOBSTRUCTED AND NEVER CHANGED.

SINCE I MOVED IN IN THE LAST COUPLE YEARS, I ONLY CAME HERE TODAY BECAUSE I FELT SO BAD FOR THE PEOPLE BECAUSE I FELT THEY'RE GOING TO TAKE OUT THE 17TH HOLE. THAT IS A SIGNATURE PAR FIVE AND MAKE IT A PAR FOUR AND BUILD A MONSTROUS HOUSE THERE. I THOUGHT ABOUT ME 35 YEARS AGO AND I WOULD'VE WANTED SOMEBODY TO SPEAK FOR ME. THE VIEW IS GOING TO BE RUINED. AT LEAST THEY WILL BE DIFFERENT FROM WHAT THEY BOUGHT THE LOTS WHAT THEY WERE BUILT FOR. RUNNING OUT OF TIME ALSO I SAT IN THE MEETINGS IN THE 90S WITH THIS DEVELOPER WHERE THEY SAID WHIRLWIND COURT CANNOT BE BUILT. I ENDED UP LIVING THERE FOR YOU WHILE AFTER THEY DID BUILD. FOUNTAIN FORCE CANNOT BE BUILT BECAUSE IT WAS STAMP LOT SO WE DID NOT LOOK AT BUYING THEM. NOW THERE ARE ALL OF THESE HUGE HOMES THAT KEEP POPPING UP IN MARSH LANDING. THANK YOU VERY MUCH.

>> ANYONE ELSE?

>> WERE SQUARED OFF TO MAKE IT A MINOR MODIFICATION. I WISH WE WOULD HAVE SPOKEN ABOUT THAT TODAY. BECAUSE DOUG WOULD HAVE SPOKEN ON MY BEHALF. I JUST WANT TO SECOND WHAT THE GENTLEMAN SAID, 92% APPROVAL , IT WAS DID NOT BUILD THE TOWNHOMES ON THE DRIVING RANGE. THAT'S WHAT WE ARE TOLD WAS GOING TO HAPPEN SO THAT'S WHAT WE VOTED FOR, 92% NOT TO BUILD THERE. THE FOUR LOTS WERE NEVER APPROVED BY US AND MASTER ASSOCIATION APPROVED IT, IT WAS NOT THE RESIDENT. MR. HILSENBECK YOU SAY THERE ARE LOTS IN PLOTTED AREAS AND THAT PLOTTED AREA FOR MARSH LANDING. MY WIFE IS A GIS EXPERT AND SHE MAPPED OUT TONS OF AREAS WHERE STOKES COULD HAVE POTENTIAL PLOTS AND RESIDENCES , SEND THEM TO THEM AND THE HOA WHICH WENT BY THE WAYSIDE. HE JUST WANTS THESE LOTS ON THE GOLF

[02:20:03]

COURSE. SO ESSENTIALLY I AM ADJACENT TO THE LINK SIDE PROJECT. YOU TAKE MY PROPERTY VALUE OUT OF MY POCKET WHICH THIS WAS A DREAM HOME FOR ME ON MY WIFE AND YOU'RE GIVING IT TO HIM.

ADDITIONALLY, THE LINK SIDE PROJECT JUST AS OTHER PROJECTS THERE'S PROPOSED RETENTION PONDS , THAT WOULD BE FUTURE HOMEOWNER MAINTENANCE. TOTALLY DISAGREE WITH THAT. THE ADJACENT AREA NEXT TO MINE ASK IS A MAKESHIFT FLOODING AREA WHEN CABBAGE CREEK OVERFLOWS INTO THE AREA. IT ACCEPTS ALL THAT STORMWATER. CONFERENCE OF PLANS , THERE'S NO COMPATIBILITY HERE AT ALL FOR THESE BUDS. I WAS TOLD THAT , IN RECENT EMAILS , IT WAS SAID THAT THIS PLAN WAS APPROVED FOR LINK SIDE TO GO TO TWO RESIDENTIAL HOMES. HOW CAN THAT BE? IT'S GOING TO BE LIKE GUEST HOMES. YOUR SQUEEZING IN TWO HOMES INTO THE AREA.

I JUST DON'T SEE HOW THIS DEVELOPER IS GETTING THROUGH WITH ALL OF THIS. I HOPE YOU VOTE NO.

>> ANYONE ELSE IN THE AUDIENCE HERE TO SPEAK ON ITEM NUMBER FIVE? OKAY MR. MILLER.

>> IF I CAN HAVE MY SLIDE PRESENTATION BACK UP. JUST TO REITERATE THE ACTUAL LOCATION WAS SHOWN TO THE HOMEOWNERS , THIS IS THE FLYER THAT WENT AROUND. FOUR LOTS THE NUMBER EIGHT WHICH IS NOW NUMBER 17 AND ON 15 THIS WASN'T A MYSTERY TO ANYBODY FOR THE HOA. THIS IS A LOCATION. ON COMPATIBILITY I HAVE BEEN DOING THIS A LONG TIME, IT'S THE FIRST TIME I HAVE HAD TO JUSTIFY SINGLE-FAMILY HOMES INCOMPATIBLE WITH SINGLE-FAMILY HOMES. AS FAR AS THE EXPECTATIONS OF WHERE THE PROPERTY WILL BE.

THIS IS ACTUALLY THE PLOT PEAK RESIDENCE. LEFT SIDE IS THE NORTHERN AREA THAT IS ON PLOTTED, THIS DOES NOT DESCRIBE THE GOLF COURSE AT ALL. THESE ARE THE RESTRICTIONS FROM ASSOCIATION SEVEN , THIS IS WHAT GAVE THE ABILITY TO CONVERT TO THE TRACKS TO THE LOTS, SAME THING AS THE PROPERTY. AGAIN THIS IS APPROXIMATION FOR WHEN THE HOME IS LOCATED. COMMITTED TO THE SITE PLAN MORE THAN 20 FEET IN A DIRECTION. MOST OF THE SITES WE SHARE ARE RELEVANT THAT'S 250 FEET FROM THE EDGE OF THE PROPERTY IT'S INTERESTING MR. BURNETT POINTED OUT THE VIEW FROM THE HOLE. HE CROP THAT YOU COULD NOT SEE THE HOME IMMEDIATELY NEXT DOOR. THIS IS FROM THE PROPERTY GOING ACROSS LOT NINE AWAY. THIS IS THE VIEW FROM OUR PROPERTY LOOKING, I DON'T UNDERSTAND THERE IS ANY EVIDENCE TO SAY IT WILL IMPACT THE VIEW , THIS IS FROM ONE OF THE NEIGHBORS . A COUPLE OF POINTS I KEEP REITERATING, WE WILL MAKE THE LOT BIGGER BUT IT WILL NOT CHANGE WHAT IT LOOKS LIKE IT JUST CHANGES , AS FAR AS OPEN SPACE 90% OF THE PROPERTY IS OPEN SPACE , THE IMPERVIOUS SURFACE IS THE SAME THING. WILL MAKE THE LOT BIGGER BUT IT WILL NOT CHANGE. AS FAR AS OTHER PROPERTIES EVEN IF THEY WEREN'T THEY WOULD HAVE TO GO THROUGH THE SAME PROCESS WITH LINK SIDE A VERY INTERESTING SITUATION WITH THE

[02:25:01]

FINAL DEVELOPMENT PLAN CALLING FOR THE PROPERTY TO BE SINGLE-FAMILY. THAT'S WHY IT'S PROCESSED AS A SMALL ADJUSTMENT. QUESTIONS ABOUT THE POND YES WE HAVE TO BUILD THE POND. HAPPY TO ANSWER ANY QUESTIONS.

>> MR. MATOVINA. >> WILL THE CONSTRUCTION ON THIS HOUSE ON THIS LOT, WILL THE DEVELOPER BE EXEMPT FROM ARP APPROVAL FROM THE HOA? SO WHATEVER FENCE THEY WANT TO PUT UP, WHATEVER SWIMMING POOL ALL OF THAT IS IN THE CONTROL OF

THE ASSOCIATION? >> I CAN CHECK THE MASTER ASSOCIATION THAT I KNOW THE SUB ASSOCIATION AND .

>> I THINK THE CONDITION YOU HAVE SUGGESTED IS FINE. A LITTLE COMFORTABLE WITH THE LOT SIZE , YOU HAVE INDICATED WE ASKED FOR A BIGGER LOT SIZE ARE OKAY WITH THAT.

>> THE LOT IF IT HAS TO BE AVERAGING ABOUT 30,000 FT.÷, THAT'S FINE. IT DOES NOT REALLY CHANGE ANYTHING.

>> I WOULD BE HAPPY WITH A HALF-ACRE.

>> DR. HILSENBECK. >> PLEASE GO BACK ABOUT SIX SLIDES OR SO WHERE YOU HAD THAT HIGHLIGHTED IN YELLOW ABOUT THE DEVELOPMENT. I DID NOT GET A CHANCE TO READ THAT.

>> THIS IS FOR ASSOCIATION SIX FOR THE PROPERTY BUT IT'S THE SAME LANGUAGE OR PARTIALLY PLAT ANY LOT OR COMBINATION OF LOT. IS THE GOLF

COURSE A LOT OR TRACK? >> IT IS A TRACT. IT IS LABELED COME I BELIEVE IT'S EITHER TRACT YOU OR B .

>> OKAY AND THE OTHER SAID BASICALLY THE SAME THING. THE ONE BEHIND THAT. OKAY. ALL RIGHT, THANK YOU.

>> MISS SPIEGEL. >> WELL, I THINK MY ONLY COMMENT ON THIS, SO ADVERSARIAL. I AM TRYING TO FIND PUBLIC GOOD IN THIS, TRYING TO FIND A BENEFIT FOR THE COMMUNITY, FOR ST. JOHNS COUNTY. TRYING TO FIND A WAY THAT THE COMMUNITY CAN COMMUNICATE AND CAN MAKE THIS WORK IN A WAY THAT'S BENEFICIAL FOR ALL PARTIES . I DON'T SEE A LOT OF COMMUNICATION, IT SEEMS LIKE

PUSH PUSH PUSH. >> ON THAT POINT OR THE CHAIR, I EMAILED BOTH MR. WHITEHOUSE AND MR. BURNETT ASKING IF THEY WANTED TO DISCUSS THIS AND I CALLED MR. BURNETT. HE WROTE BACK HE WOULD TALK WITH THE CLIENT AND I NEVER HEARD FROM THEM. I FOLLOWED UP WITH THE SECOND EMAIL AND NEVER HEARD BACK. I HAVE WALKED THE PROPERTY SEVERAL TIMES. I WAS NOT CLEAR ON WHO MR. BURNETT REPRESENTS. NEIGHBORS CAME TO ME AND SAID WE HAVE TALKED WITH MR. BURNETT. I'M NOT ALLOWED TO ENGAGE THEM BECAUSE THEY ARE REPRESENTED BY AN

ATTORNEY. >> AGAIN ADVERSARIAL WITH NO CAN MEDICATION. I AM ALL ABOUT COMMUNITY AND COMMUNICATION AND I THINK THERE SHOULD BE A WAY TO MAKE THIS WORK. THAT DOES NOT SEEM LIKE IT IS DEMANDING MY OWN WAY AND THAT'S WHAT BOTH SIDES ARE SAYING HERE. SO I'M HAVING A REALLY HARD TIME WANTING TO PROVE THIS AND I'M SORRY. I THINK THERE WAS A DECISION MADE BY MR. STOKES AT ONE POINT TO HELP OUT WITH THE FEELING GOLF COURSE FROM WHAT I UNDERSTAND AND NOW MAYBE IS TRYING TO RECOUP SOME OF THAT. WHAT HE PUT OUT THERE. I'M NOT SURE THAT WE ARE ALWAYS ABLE TO DO THAT, TO GET BACK. YOU KNOW, WHEN WE MAKE A GRACIOUS GESTURE. SO I DON'T KNOW IF I WILL BE ABLE TO SUPPORT THIS. JUST WANTED TO EXPLAIN. THANK

YOU. >> SO, MR. BURNETT AND MR. WHITEHOUSE SHOWED A LOT OF SLIDES ON COMPATIBILITY, INCOMPATIBILITY, SUCH AS COMP PLAN POLICY . HOW DO YOU JUSTIFY THAT WHAT YOU ARE ASKING FOR IS COMPATIBLE?

>> SINGLE-FAMILY NEXT TO SINGLE-FAMILY. COMPATIBILITY GUIDELINES DO WITH INCOMPATIBLE USE. IT'S THE SAME USE.

>> UNDERSTAND SAME USE, BUT IT'S ON A GOLF COURSE THAT PEOPLE FOR 30 YEARS HAVE RELIED ON. WHEN YOU REVIEW THE

[02:30:06]

COMPATIBILITY POLICY THERE'S A LOT OF WIGGLE ROOM TO SAY THIS COULD BE INCOMPATIBLE. IN MY OPINION. I USUALLY GO WHEN I LOOK AT INCOMPATIBILITY WITH THE HOMEOWNERS THAT ALREADY EXIST THAT LIVE THERE IN THE AREA RATHER THAN A NEW CONSTRUCTION OR DEVELOPMENT. SO I DON'T THINK THE HOMEOWNERS WERE THERE HAVE THE PROPERTY RIGHTS. THIS SEEMS TO ME LIKE A VIOLATION OF THOSE RIGHTS POTENTIALLY DIMINISHING THEIR PROPERTY VALUES. SO HOW WOULD YOU RESPOND TO THAT?

>> AGAIN I SEE NO EVIDENCE , THE PROPERTY WAS DESIGNED 66 LOTS BUILDING RIGHT NEXT DOOR AND SINGLE-FAMILY NEXT TO SINGLE-FAMILY I RESPECTFULLY DISAGREE AS FAR AS PROPERTY RIGHTS IN THIS PROPERTY WITH RESTRICTION I DON'T THINK THERE'S ANY IMPACT TO PRIVATE PROPERTY RIGHTS.

>> OKAY, APPRECIATE IT. >> I WAS JUST INFORMED BY LEGAL COUNCIL THAT IF THERE'S INTEREST IN COMMUNICATION AND EVERYBODY IS NOT JUST DIGGING INTO THE POSITION THAT THEY DON'T WANT TO TALK OR CHANGE, THERE IS POSSIBILITY WE HAVE A CONFERENCE ROOM WITH A LONG AGENDA COMING UP ALL THE PARTIES ARE HERE AND MIGHT CONSIDER. I DON'T KNOW IF ANYBODY WOULD BE INTERESTED. GO TALK AND SEE IF THERE IS MEETING OF MINDS AND MIGHT BE ABLE TO BE ADDRESSED.

>> THIS YOU HAVE TO LOOK AT THE MOTIVATION OF SOMEBODY BUYING A GOLF COURSE FRONT HOME AND LOOK AT THE BIGGER PERSPECTIVE. WE GOING TO ENCOURAGE PEOPLE TO MY NECK THE GOLF COURSE FOR LOTS, LOOK HOW MANY GOLF COURSES ARE IN THE COMMUNITY. GOING TO BE

MINING GOLF COURSES FOR LOTS? >> THANK YOU.

>> I THINK THAT ANSWERS YOUR QUESTION.

>> IS GOING TO ASK DOUG BURNETT A QUESTION, SINCE YOU ARE STANDING UP THERE. HOW WOULD YOU FURTHER JUSTIFY THAT THIS IS INCOMPATIBLE USE? WE HEARD MR. MILLER'S ANSWER, HOW WOULD

YOU SAY? >> IF YOU GO BACK AND LOOK AT ALL THE CRITERIA LISTED, TAKE THE NOISE. YOU HAVE AN ENVIRONMENT AT A CERTAIN POINT AND TIME EVERYDAY GOLF COURSES ARE DONE. EVERYBODY GOES HOME. BECAUSE THE CLUB IS CLOSED, NO ONE IS GOLFING. HAVE NICE PEACEFUL BACKYARD. IF YOU PUT A HOUSE THERE THERE IS A POTENTIAL AND LOOK I'VE GOT FOUR KIDS. THEY ARE GROWN NOW BUT I HAVE FOUR KIDS THERE IS A POTENTIAL FOR A POOL IN THE BACKYARD WITH A BUNCH OF KIDS, PULL PARTY AND EVERY THING ELSE, THAT'S NOT WHAT THE OWNERS ON THE GOLF COURSE SIGNED UP FOR, THAT'S NOT WHAT THEY PURCHASED. THAT CREATES INCOMPATIBILITY. A GENERATOR, THE WAY THEY DRAFTED THE APPLICATION, LOOK AT THE DIFFERENT FACTORS THAT ARE IN THERE. ALSO A SCENIC ENVIRONMENTAL AND THE LIKE AND BY THE WAY THEY PLANNED ON THIS BEING DEVELOPMENT THEY WOULD'VE BEEN IN THE WATER MANAGEMENT DISTRICT PERMANENT. THE DEVELOPMENT, THIS IS NOT A SITUATION WHERE THIS IS LIKE THIS HAS BEEN TRUCKING ALONG.

NOW THE DEVELOPER NEEDS TO MODIFY TO MAKE IT A LITTLE BETTER IN THIS AREA OR THAT AREA WITH A DIFFERENT AMOUNT OF ROAD OR CHANGE SOMETHING. WE ARE BEYOND THAT. THIS IS NOT

CONTINUING DEVELOPMENT. >> OKAY THANK YOU.

>> ANY FURTHER DISCUSSION? OKAY SEEING NONE BACK TO THE AGENCY FROM OCEAN.

>> MR. MATOVINA YOU ARE IT.

>> I'M GOING TO MAKE A MOTION TO RECOMMEND APPROVAL OF MAJOR MUD 2023 -03 BASED ON SIX FINDINGS OF FACT ON THE STAFFING REPORT ADDING TWO CONDITIONS. ONE THAT THE HOUSE NOT BE MOVED MORE THAN 20 FEET FROM THE LOCATION PRESENTED AND NUMBER TWO THAT THE MINIMUM SIZE OF THE LOT BE RAISED TO

ONE HALF OF AN ACRE. >> IS THERE A SECOND?

[02:35:06]

>> I WILL SECOND THE MOTION TO GET IT ON THE FLOOR.

>> ALL RIGHT ANY DISCUSSION? MR. MATOVINA.

>> IT IS NOT I BELIEVE OUR PURVIEW TO DEAL WITH QUESTIONS OF RESTRICTIONS OR BOUNDARY ISSUES, THINGS OF THAT NATURE.

YOU CAN SPEAK TO THAT IF YOU WOULD PLEASE.

>> THE APPLICANT AND ANYBODY THAT WANTS TO COME IN CAN PROVIDE TESTIMONY THAT THEIR COVENANT AND RESTRICTIONS THAT MAY RESTRICT. IT IS WITHIN YOUR PURVIEW TO USE THAT AS EVIDENCE AS TO WHAT THE INTENT WAS WHEN THINGS WERE BUILT, WHEN THINGS WERE COMPATIBLE BUT IT IS NOT BINDING UPON YOU AND OUR STAFF DOES NOT DO ANY LEGAL RESEARCH OR CERTIFIED ANY LEGAL POSITION ON WHETHER OR NOT THOSE ARE STILL ENFORCEABLE OR THOSE KIND OF THINGS. NOT SUGGESTING THEY AREN'T, BUT THERE'S A LOT OF STEPS TO HAVE THAT BE BINDING ON THIS BOARD SO IT'S NOT. IT CAN BE SOMETHING YOU'RE TAKEN AS EVIDENCE THAT EXISTS AND MAYBE THAT HAS INTENTIONS WHEN IT WAS BUILT, BUT IT IS NOT BINDING UPON YOU AND YOU DON'T HAVE TO DO IT. IT CAN BE THE REASON TO DENY OR APPROVE, BUT IT'S NOT BINDING.

>> YOU KNOW IF WE DONE THIS DOWN AND SAY IT IS JUST A BOUNDARY DISPUTE BETWEEN NEIGHBORS, I THINK WE WOULD HAVE AN ISSUE WITH THAT. SO I HAVE MADE A MOTION TO THIS BECAUSE A, THERE IS ENOUGH DENSITY IN THE PUD TO ACCOMMODATE THE LOT AND B IT SEEMS TO ME THE OTHER REQUIREMENTS OF THE PUD IN TERMS OF RECREATION SUGGESTS THERE'S ENOUGH RECREATION. SO THAT'S THE REASON FOR MY MOTION AND BY I THINK THE APPLICANT IS ENTITLED TO

APPROVAL. >> THANK YOU. DR. HILSENBECK.

>> I AM PRETTY MUCH COMPLETELY BAFFLED BY THE WHOLE ITEM. I HAVE READ IT OVER AND LISTENED CAREFULLY TWICE NOW. I AM JUST, IN THE FIVE YEARS I HAVE BEEN SITTING UP HERE WE HAVE NEVER HAD AN ITEM QUITE LIKE THIS. THIS IS , I LOOK AT THE INCOMPATIBILITY POLICY AND I LISTEN TO BOTH EXPLANATIONS, I HAVE READ THAT OVER AT LEAST 100 TIMES. I FIND THAT OF ALL THE LISTED REASONS SOMETHING CAN BE INCOMPATIBLE, THAT THIS IS INDEED INCOMPATIBLE. I CANNOT SUPPORT IT. THANK YOU.

>> OKAY. ANY OTHER DISCUSSION? AS FAR AS INCOMPATIBILITY, I AGREE IT IS SINGLE-FAMILY UP AGAINST SINGLE-FAMILY. GOLF COURSES ARE REDEVELOPED ALL THE TIME AND IF THEY PUT MULTIFAMILY IN THE MIDDLE OF THAT IT IS NOT AN ARGUMENT INAUDIBLE ] AND THE INTENSITY OF THE DENSITY WILL BE AN ISSUE. IN THIS CASE PUTTING ONE SINGLE-FAMILY ON A MASSIVE LOT WHERE THE ORIGINAL PROPOSAL WAS FOUR. MR. MILLER THANK YOU FOR

[6. REZ 2023-23 Osceola Lakes (WF Housing). Request to rezone approximately 145 acres of land from Open Rural (OR) and Planned Unit Development (PUD) to Workforce Housing (WH) to allow for a maximum 640 single-family, duplex and townhouse dwelling units; specifically located south of Wildwood Drive and north of Watson Road.]

DOING IT WAY BETTER PRESENTATION THAN ORIGINALLY PRESENTED. IT CLARIFIED A LOT OF QUESTIONS AND I LIKE THE NEW SITE PLAN, YOU GIVE US SOME CERTAINTY WITH 20 FOOT, MOVING THAT EITHER DIRECTION SO I APPRECIATE THAT. WITH THAT BEING SAID WE WILL MOVE TO REGISTER THE VOTE.

>>> HELLO, GOOD AFTERNOON. WE ARE GOING TO GO AHEAD AND START THIS MEETING BACK UP IF YOU WOULD NOT MIND TAKING YOUR SEATS.

[02:40:08]

OKAY. BEFORE WE GET STARTED, AGENCY MEMBERS DO YOU HAVE ANY

EXPARTE ? >> I DO HAVE SOME EXPARTE. I WENT ON THE SITE LAST FRIDAY WITH RICHARDSON. WANTED TO LOOK AT IT, WE HAD A 1 1/2 HOUR TOUR OF THE PROPERTY ARRANGED SO I DID SPEAK WITH HER, I SPOKE WITH HER COUPLE DAYS AGO ABOUT THIS AGAIN AND I SPOKE WITH JEFF YOUNG WHO LIVES ON THE NORTH END OF THE PROPERTY. AND THEN, HELD IN JANUARY OF THIS YEAR. SO I HAVE SEEN THOSE, AS WELL.

THAT IS IT. >> I HAVE KIND OF A LONG ONE, I APOLOGIZE. I HAD A MEETING WITH DECEMBER 13. AND AN EMAIL FROM COMMUNITY LEADERS IN THE AREA FOR THE COMMUNITY MEETING THAT THEY GRACIOUSLY OFFERED. I HAD ATTENDED THE MEETING ON JANUARY 8. ON JANUARY 10 I HAD A BRIEF CONVERSATION WITH ABOUT THE PROJECT NOT BEING PUSHED FORWARD AT THAT TIME, ON JULY 19 AND JULY 30 I HAD PHONE CONVERSATIONS WITH I HAD A SITE VISIT WITH HOUR WITH MR. JEFF YOUNG ONE OF THE PROPERTY OWNERS.

CONVERSATIONS AND TEXT WITH SEVERAL NEIGHBORS. DISAGREE ABOUT HOUSING AND THE TRAFFIC AND DETAILS , NOT DETAILS OF THE PLANT BUT GENERALLY LISTENING TO THEM. MANY EMAILS , I THINK ABOUT EVEN OPPOSING AND IN FAVOR. I WENT TO CORONADO , TO DENISE JONES YESTERDAY. YESTERDAY MEETING AT CORONADO THE HOA ACROSS THE STREET FROM THIS PROPERTY. WE DID A LITTLE VISIT OF THE IRRIGATION ISSUES OF THEIR ISSUES WITH THE RETAINING WALLS AND OTHER THINGS NEEDED TO BE FIXED. I MET WITH KATHY FREDERICK, RANDY JONES ON THE HOA AND OTHER RESIDENTS FROM OTHER NEIGHBORHOODS AND I ALSO HAD EMAIL CONVERSATIONS WITH THREE OF THE SCHOOL BOARD MEMBERS REGARDING THIS PROJECT. THANK YOU VERY MUCH.

>> MANAGER I HAD A CONVERSATION WITH PRETTY NICE TOUR WITH PLANS WITH ME AND ANSWERED MOST OF MY QUESTIONS.

>> OKAY MR. GREEN. >> YES, I HAD A CONVERSATION WITH ELLEN AVERY SMITH, RANDY JONES AND ALSO I WALKED SOME OF

THE SITE. >> I SPOKE WITH MS. ELLEN AVERY SMITH ON TUESDAY AND PREVIOUSLY SPOKE WITH MR. MATOVINA BRIEFLY THE PREVIOUS WEEK BEFORE THAT.

>> THANK YOU MANAGER AND BOARD MEMBERS. ELLEN AVERY SMITH, ADDRESS ] BEFORE WE GET GOING ON OUR PRESENTATION. I WANT TO POINT OUT A COUPLE OF THINGS, FORMALITIES. THIS IS A WORK IN PROGRESS APPLICATION. SO YOU HAVING STEP REPORTING INFORMATION, WE HAVE BEEN WORKING WITH STAFF ON TRANSPORTATION ISSUES AND AVAILABILITY LETTERS FOR WATER AND SEWER AND THINGS LIKE THAT. SO WHEN WE GIVE OUR PRESENTATION WE ARE GOING TO INCORPORATE THESE DOCUMENTS WE HAVE PASSED OUT TO YOU, WE HAVE GIVEN IT TO THE CLERK, A COPY OF PLANNING STAFF AND A COPY TO THE COUNTY ATTORNEY SO WE WILL WALK THROUGH THE DOCUMENTS. IN THE EVENT YOU NEED TO SEE THINGS MORE CLEARLY LIKE WATER AND SEWER AVAILABILITY LETTERS THERE IS CONCURRENCY AND IMPACT FEE CREDIT AGREEMENT WHICH IS STILL UNDER REVIEW BY STAFF. THEN WE CAN LOOK AT THE DOCUMENTS IF WE NEED TO. THERE JUST HARD COPIES OF WHAT'S IN THE PRESENTATION. I WANT TO POINT OUT TO MEMBERS OF THE PUBLIC I DO RECOGNIZE THE FACT THAT WE HAVE A LOT OF PEOPLE HERE FOR AND AGAINST. I'M GOING TO ASK PEOPLE TO PLEASE LISTEN TO OUR PRESENTATION. LIKE I SAID IT IS A WORK IN PROGRESS. WE HAVE LISTEN TO PEOPLE IN THE COMMUNITY MEETING FROM A COUPLE MONTHS AGO. WE HAVE MADE CHANGES. THERE PUBLIC BENEFITS THAT WE BELIEVE WILL BE BENEFICIAL TO RESIDENTS IN THIS AREA AND WE WILL PROVIDE , FOR SALE WORK FORCE HOUSING. I