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[Call meeting to order]

[00:00:30]

>>> AND WE ARE GOING TO CALL THE MEETING TO ORDER . PLEASE STAND UP FOR THE PLEDGE OF

ALLEGIANCE. >> ÊI PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR GOD, INDIVISIBLE, WITH LIBERTY FOR ALL.Î OKAY, MR. PETER, WILL YOU READ THE PUBLIC NOTICE STATEMENT.

>> THIS IS A PROPERLY NOTIFIED PUBLIC HEARING IN CONCURRENCE WITH FLORIDA LAW. THE PUBLIC WILL BE GIVEN PERMISSION TO COMMENT ON TOPICS PERTINENT TO THE AREAS OF JURIST DICTION AND WILL BE ALLOWED TO PROVIDE COMMENTS AT A TIME DESIGNATED DURING THE PUBLIC SHALL SPEAK ON EACH ITEM AND FOR A LENGTH OF TIME DESIGNATED BY THE CHAIRMAN, WHICH SHALL BE THREE MINUTES. YOU MUST IDENTIFY YOURSELF, YOU REPRESENT, AND STATE YOUR ADDRESS YOU MAY OFFER SWORN TESTIMONY. THE FACT THAT IT IS NOT SWORN MAY BE CONSIDERED IN DETERMINING THE WEIGHT OF THE TESTIMONY. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE WITH ANY ITEM MADE, THEY MUST ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MAY. THAT INCLUDES THE TESTIMONY AND EVIDENCE IN WHICH THE APPEAL IS TO BE BASED. ANY PHYSICAL OR DOCUMENTARY EVIDENCE SUCH AS DIAGRAMS, CHARTS, PHOTOGRAPHS, OR WRITTEN STATEMENTS SHALL BE PROVIDED TO THE CLERK FOR INCLUSION INTO THE RECORD. THE RECORD WILL BE A BE AVAILABLE FOR OTHER BOARD MEMBERS, THE COUNTY, FOR OTHERS FOR APPEAL.

AT THE BEGINNING OF EACH ITEM YOU MUST STATE IF YOU HAD

[PZA Meeting Minutes for Agency Approval: 7/18/2024 and 8/01/2024]

COMMUNICATION WITH THE APPLICANT OR ANY PERSON REGARDING THE SUBSTANCE OF THE ITEM. IF SUCH COMMUNICATION HAS OCCURRED THE AGENCY MEMBERS SHOULD IDENTIFY THE PERSONS INVOLVED IN THE MATERIAL CONTENT OF THE COMMUNICATION.

WE WILL BE RESPECTFUL OF ONE ANOTHER, EVEN IF WE DISAGREE AND WE WILL DIRECT ALL COMMENTS TO THE ISSUES AND WE WILL AVOID

PERSONAL ATTACKS. >> THANK YOU, MR. PETER. WE HAVE TWO MEETING MINUTES FOR APPROVAL. ONE FROM JULY 18, 2024 AND ONE FOR AUGUST 1 GOT 2024.

>> SO MOVED. >> SECOND.

>> IN THE MINUTES, THE -- WAS A VOTE OF 3-2, NOT 4-2.

[Public Comment]

>> WHICH DATE? >> THIS IS AUGUST 1.

>> ANY FURTHER DISCUSSION ? SEEING NONE , LET'S GO AHEAD AND TAKE A VOICE VOTE. ALL IN FAVOR SAY AYE .

>> AYE. ANY DISCUSSION? SEEING NONE, THE MOTION PASSES. AT THIS TIME WE WILL HAVE PUBLIC COMMENT. IF YOU WOULD LIKE TO

SPEAK, PLEASE COME FORWARD. >> GOOD AFTERNOON. CHARLIE HUNT FROM OAK CREEK ESTATES. THERE WAS AN ISSUE BROUGHT UP THAT IS NOT -- IN THE COUNTY AND IT IS FLORIDA SENATE BILL STATE -- STATE BILL 12. AND IT ALLOWS DEVELOPERS TO ACQUIRE UP TO 50% OF PERMANENCE ON RESIDENTIAL SUBDIVISIONS AND PLANNING COMMUNITIES. WHAT THIS SEEMS LIKE IT IS, IF WE ARE SLOWING THE GROWTH, THAT IS HAPPENING AND IT COMES FROM THE STATE, YES. AND THE PERSON WHO SAT ON TWO OF THE COMMITTEES, OBVIOUSLY, TRAVIS HUDSON HAD A BIG PART OF IT. ALSO, THE STATE REP WHO , WELL, HE WAS BACKING FOR THIS BILL TO GET PUSHED IN

[00:05:02]

AND DONE WITHIN EIGHT OR NINE MONTHS. THAT ACTUALLY STARTS ON OCTOBER 1, 2024. BUT, AS I AM FINDING OUT AND GOING AROUND AND ASKING QUESTIONS, IN 2028, THE FIRST DAY OF 2028 THAT WOULD MOVE IT UP TO 75% THAT THE DEVELOPER CAN PUT IN TO ACQUIRE PERMITS OF THE PLANNED DEVELOPMENT. SO, IF WE ARE LOOKING AT SLOWING THE GROWTH, THIS COMES DOWN FROM THE STATE AND IT SAYS, IT IS BASED ON THE SIZE OF THE COUNTY AND THE CITY. AND, ST. JOHNS COUNTY FALLS RIGHT INTO THAT AND THAT IS BECOMING A VERY BACKDOOR TYPE POLICY THAT HAS BEEN BROUGHT IN AND IT IS GOING TO DEVELOPMENT AND IT SAYS IT NEEDS THREE MORE PEOPLE THAT CAN HELP WITH THE EXPEDITING OF THE PERMITS. I SPOKE WITH THE PERMIT DEPARTMENT AND, YES, A $13 MILLION BUILDING THAT IS GOING TO GO BEHIND WHERE THEY ARE LOCATED NOW IS GOING TO MAKE IT LARGER. SO, $13 MILLION THAT THE COUNTY IS PUTTING IN FOR A BUILDING AND IT WILL BE SUPPORTING THIS BILL DIRECTLY. THAT HAS BEEN SIGNED BY GOVERNOR DESANTIS. THAT COME 2028, 75% OF DEVELOPMENT ,

[1. ZVAR 2024-11 AOMH Expansion. Request for a Zoning Variance to Section 6.06.04 of the Land Development Code to allow for mechanical equipment and the eaves of the building to encroach within a portion of the required 20/B buffer; and to allow for the use of evergreen understory trees in lieu of required canopy trees for the "B" screening standard along a portion of the east property line, specifically located at 2860 South Collins Avenue]

DEVELOPERS CAN PUT IN FOR PERMITS. OUTRAGEOUS. AND IT IS GOING TO START RIGHT HERE IN THIS COUNTY. IT IS BACKED BY

HUDSONS. >> THANK YOU. IS THERE ANY ADDITIONAL PUBLIC COMMENT? SEEING NONE WE ARE MOVING ONTO ITEM NUMBER ONE. AGENCY MEMBERS, IS THERE ANY EX PARTE?

MISS SPIEGEL. >> YES. I HAD A PHONE CALL WITH -- AND I HAD AN IN PERSON CONVERSATION. AND I HAD A PHONE CONVERSATION WITH AUTUMN MARTINAGE AND I DID A SITE

VISIT. >> ANYONE ELSE? ALL RIGHT. THE

FLOOR IS YOURS. >> GOOD AFTERNOON. I AM CHRISTINA EVANS WITH TRAN73 REPRESENTING THE ZONING VARIANCE FOR ALPHA OMEGA MIRACLE HOME. WE PROVIDE HOUSING AND SUPPORT TO SINGLE WOMEN . WE ARE LOCATED OFF OF STATE ROUTE 16 E. OF COLLINS AVENUE AND THIS QUALIFIES AS SPECIAL CARE HOUSING. SPECIAL CARE HOUSING IS COMMITTED BY RIGHT AND OPEN RURAL AND THE MAJORITY OF THE PROPERTY IS ZONED AND THERE IS A SMALL PORTION TO THE EAST THAT IS RS 3 AND IT IS PERMITTED BY SPECIAL USE. THAT IS NOT BEING DEVELOPED AT THIS TIME. THE VARIANCE REQUEST HAS THREE PARTS. IT IS TO ALLOW THE MECHANICAL EQUIPMENT TO BE IN THE BUFFER, TWO AREAS OF THE BUFFER AROUND TWO OF THE BUILDINGS IN THE NORTHERN SECTION OF THE PROPERTY. IT IS ALSO TO ALLOW THE BUILDING EAVES TO OVERHANG 24 INCHES INTO THE BUFFER AREA AND THE THIRD IS TO ALLOW THE USE OF NON-CANOPY TREES INSTEAD OF THE -- INSTEAD OF TO USE EVERGREEN INSTEAD OF CANOPY TREES IN ONE SECTION WHERE THERE IS EXISTING UTILITY LINES THAT WOULD BE DAMAGED. SO, THIS IS THE PROPERTY AND THERE ARE TWO EXISTING STRUCTURES THAT WILL BE THAT WILL BE -- THAT WILL REMAIN ON THIS SITE LOCATED IN THE SOUTH AND THE WEST SECTIONS. THEY AREA FOR THE VARIANCE REQUEST IS IN THE NORTHERN MORE NARROW PORTION.

SO, HERE IS A DIAGRAM OF HOW THE BUFFER WITH THE VARIANCE APPROVALS WOULD WORK. MECHANICAL EQUIPMENT WOULD ONLY PROJECT 5 FEET INTO THE BUFFER AND IF I GO TO THE NEXT SLIDE

[00:10:06]

YOU CAN SEE IT IS THE TWO BUILDINGS IN YELLOW AND THE BUFFERS ARE TO THE WEST AND THE EAST. SO THERE WOULD BE, THE EAST UNITS WITHIN THE FIRST 5 FEET AND THEN YOU WOULD STILL HAVE 15 FEET REMAINING OF THE BUFFER WITH LANDSCAPING AND THEN A SIX FOOT SOLID FENCE. YOU CAN SEE THE 24 INCH OVERHANG OF THE BUILDING WITHIN THE B BUFFER AND THAT IS IN THE SAME AREAS AND ONLY TO THE EAST OF BUILDING C , THAT IS WHERE THE EXISTING UTILITY LINES ARE WHERE WE ARE REQUESTING THE USE OF EVERGREEN UNDERSTORY TREES INSTEAD OF CANOPY TREES. THE ROOT SYSTEM FOR THE CANOPY TREES WOULD DAMAGE THE EXISTED -- EXISTING SEWER LINES IN THE AREA. HERE IS A DIAGRAM AND YOU CAN SEE THIS PORTION OF THE PROPERTY UP TO THE NORTH. AND IN A READ YOU CAN SEE DOES THE EXISTING UTILITY LINES AND THAT IS WHERE WE ARE ASKING FOR THE DIFFERENT TYPE OF TREES TO NOT DAMAGE THE UTILITY LINES AND THEN WE HAVE DETAILED ALL OF THE TREES WITHIN THE 20 B BUFFER AND WHERE THE PADS WOULD BE LOCATED. SO, THAT NORTHERN PORTION OF THE PROPERTY IS NARROWER SO THERE IS NOT MUCH ROOM FOR DEVELOPMENT AND THAT IS WHY WE ARE ASKING FOR THE SMALL ENCROACHMENT INTO THE 20 FEET BUFFER ON EITHER SIDE AND THEN THE EXISTING SEWER LINES , WE DON'T WANT TO DAMAGE THOSE, WHICH IS WHY WE ARE ASKING FOR DIFFERENT TREES BUT WE STILL MEET THE INTENT OF THE B BUFFER WITH THE DIFFERENT TYPES OF TREES. AND THEN, HERE ARE SOME DRAWINGS OF WHAT IT WILL LOOK LIKE. LOTS OF GREEN SPACE. SOME GREAT RENDERINGS. SO, I AM AVAILABLE FOR QUESTIONS.

>> THANK YOU. MISS SPIEGEL . >> HELLO AND THANK YOU. I AM A HUGE FAN OF ALPHA OMEGA HOUSE AND I THINK THEY ARE A HUGE BENEFIT TO THE COMMUNITY AND I AM VERY EXCITED THAT THEY HAVE THIS PROJECT PLANNED. AS I WAS READING THE APPLICATION THE COMMENT ABOUT THE EVERGREEN TREES KNOTS AND CROUCHING ON THE SEWER LINE STUCK OUT TO ME. JUST ON MY EXPERIENCE, PROBLEMS WITH EVERGREEN TREE ROOTS IS CAUSING PROBLEMS. I REACHED OUT TO DANNY LIPPI, A CERTIFIED ARBORIST IN ST. JOHNS COUNTY AND I ASKED HIM ABOUT THE IMPACT THAT PLANTING EVEN A MAGNOLIA OR EVERGREEN TREE WOULD HAVE ON THE SEWER LINES AND HE SAID, YOU CANNOT PLANT A TREE WITHIN 20 FEET OF SEPTIC.

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

SOME DWARF WAX MYRTLE OR A REGULAR WAX MYRTLE. I KNOW THAT

[00:15:06]

IS NOT WHAT WE ARE TALKING ABOUT HERE BUT IF WE CAN BE FORWARD THINKING , IF THE AGENCY AGREES, THAT WE CREATED HAVE IN THE PLAN RIGHT NOW AND THAT COULD POSSIBLY PREVENT PROBLEMS IN THE FUTURE. THAN I HAVE A CONCERN ABOUT THE PHONES. I WONDER IF THERE MIGHT BE A POSSIBILITY OF A BLOCK FENCE IN THAT AREA FOR SOUND MITIGATION. MAYBE THAT WOULD BE SOMETHING THAT YOU COULD CONSIDER.

>> I KNOW THAT THE OWNER DISCUSSED HAVING VINYL FENCING IN THAT AREA AND THAT IS SOMETHING THAT WE CAN DISCUSS MORE WITH THE NEIGHBORS BUT I DID -- I BELIEVE THEY DID NOT WANT SOMETHING SO SOLID BECAUSE OF THE WIND BUT I WOULD HAVE TO CONSULT WITH THEM DURING COMMENTS TIME.

>> CONVERSATIONS WITH NEIGHBORS IS ALWAYS GOOD. I THINK IT IS WILL A WONDERFUL PROJECT AND I AM VERY EXCITED THERE WILL BE MORE OPPORTUNITY FOR PEOPLE TO LIVE AT ALPHA OMEGA HOUSE. I KNOW PEOPLE THAT LIVE OUT THERE AND WORK OUT THERE AND IT IS JUST A VERY NICE PROJECT. THANK YOU.

>> DR. HILSENBECK. >> I WOULD LIKE TO COMMENT ON A COUPLE OF THINGS AND THEN I HAVE A SPECIFIC QUESTION.

HAVING SOME SHRUB PLANTS LIKE WAX MYRTLE WOULD BE GOOD AND WOULD PROBABLY BLOCK MORE SOUND THAN A CANOPY TREE WHICH WOULD BE MAINLY TRUNK AT THAT POINT SO HAVING SOME SHRUBS AND WAX MYRTLE IS NATIVE AND EASY TO GROW AND CHEAP TO BUY. THAT IS PROBABLY A GOOD SUGGESTION FOR BLOCKING MORE NOISE. PALMS WOULD NOT BLOCK A LOT OF NOISE, ACTUALLY. AND A MAGNOLIA IS ACTUALLY A CANOPY TREE. IT BECOMES A CANOPY TREE. THEY COULD GET 40 OR 50 FEET TALL. SO, LET ME ASK YOU THIS. DANNY LIPPI SAID THAT THE ROOTS OF THE TREE WOULD GO FOR A SEPTIC

SYSTEM? >> YES .

>> BUT THIS IS SEWER? >> THEY ARE UTILITY LINES. NOT

SEPTIC. >> OKAY. I DID NOT BUY YOUR ARGUMENT THAT IT WOULD DAMAGE SEWER PIPES. MY HOUSE WAS BUILT 29 YEARS AGO AND I HAVE LARGE OAK TREES AND SO FAR I HAVE HAD NO ISSUES BUT WITH THE SEPTIC, I AGREE. THEY WOULD GO STRAIGHT FOR THE SEPTIC TANK. I WAS GOING TO ASK YOU ABOUT THE SEWER TANK. DO YOU KNOW IF THEY ARE CONCRETE SEWER PIPES? ARE THEY PVC? ARE THEY ORANGEBURG?

>> I WOULD HAVE TO CHECK. >> BECAUSE, ORANGEBURG PIPES WOULD BE INVADED QUICKLY AND EASILY. CONCRETE AND PVC, NOT SO MUCH. I SUPPORT THE ITEM BUT IT COULD BE TWEAKED A LITTLE BIT AND THE IDEA OF A BLOCK FENCE IS NOT A BAD IDEA. IN ONE DRAWING YOU HAD SHOWED AN AIR CONDITIONER UNIT WAY OUT FROM THE STRUCTURE AND I THOUGHT THAT WAS A BIT EXCESSIVE BUT THE DRAWINGS THAT YOU SHOWED OUR DIFFERENT. THERE WAS ALSO ANOTHER ONE THAT HAD THE UNITS WAY FAR AWAY FROM THE STRUCTURE. I JUST HOPE IT WILL BE MORE LIKE YOU SHOWED TODAY.

>> OURS IS WITHIN THE FIRST 5 FEET OF THE BUFFER CLOSEST TO

THE PROPERTY. >> OKAY. I APPRECIATE IT.

>> ANY OTHER QUESTIONS? MR. MATOVINA.

>>

MICROPHONE IS ON. >> THERE SEEMS TO BE A LOT OF ROOM BETWEEN THE FRONT OF THE BUILDING OF THE BACK OF THE

SIDEWALK. >> THAT WAS THE FIRST QUESTION THAT I ASKED THE ARCHITECT. THAT 20 FEET SPACING IS REQUIRED FOR THE BUILDING FIRE SPACING REQUIREMENTS BASED ON THE TYPE OF OCCUPANCY AND THE TYPE OF CONSTRUCTION.

>> OKAY. THANK YOU. >> ANY OTHER QUESTIONS? DR.

[00:20:01]

HILSENBECK. >> I HAVE A COMMENT BECAUSE WE HAVE A LETTER FROM A NEIGHBOR CONCERNED ABOUT NOISE. IT LOOKS LIKE THERE WAS SOME EXCAVATING GOING ON OR THE DIGGING OF A POND , MOVING DIRT AROUND AND THAT WOULD PROBABLY BE NOISY AS WELL WITH THE HVAC UNITS TODAY, THEY ARE VERY QUIET. IF THEY ARE 15 FEET OFF THE FENCE LINE AND WITH A SIX FOOT FENCE, I DON'T THINK THEY WOULD BE THAT DISRUPTIVE SO I WOULD SAY THAT TO THE NEIGHBOR BUT, I ALWAYS LIKE TO CONSIDER THE COMMENTS

OF NEIGHBORS. >> OKAY. ANY FURTHER QUESTIONS? SEEING NONE, LET'S GO TO PUBLIC COMMENT. IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM NUMBER ONE? IF SO, PLEASE COME FORWARD. ONE AT A TIME. ITEM 01. STATE YOUR NAME AND

ADDRESS FOR THE RECORD. >> I AM RUTH THOMAS FROM 481 BOURBON STREET. WE ARE THE HOUSE WEST OF THE BUILDING. I DON'T THINK THEY NEED TO HAVE THAT VARIANCE. IT IS JUST SO CLOSE TO OUR HOUSE. VERY CLOSE. MY HUSBAND IS AN INVALID AND HE CANNOT STAND. WE CAN ONLY ENJOY THE PORCH. THIS WILL GREATLY IMPACT THE QUALITY OF OUR LIVES AND THEN TO BRING IT CLOSER TO OUR HOME, WE HAVE BEEN THERE SINCE 1966. I JUST AM VERY UPSET ABOUT THEM WANTING TO GET CLOSER TO OUR PROPERTY. ALSO, I DON'T THINK THEY ARE GOING TO PLANT ALONG THERE BUT OUR SEWER LINE RUNS ON THE EAST SIDE OF OUR PROPERTY. AND, THE AIR CONDITIONING NOISE AND HEAT WILL GREATLY AFFECT OUR QUALITY OF LIFE. JUST TRYING TO SIT ON THE PORCH AND ENJOY. WE ARE BOTH 83 AND THIS HAS BEEN VERY UPSETTING. I DON'T KNOW IF YOU

HAVE ANY QUESTIONS? >> NO QUESTIONS.

>> I HOPE THAT YOU WILL CONSIDER THAT. I DON'T KNOW WHAT ELSE TO SAY. I DON'T KNOW. I JUST HOPE THEY WILL CONSIDER THAT. THE VARIANCE IS CUTTING INTO THAT SMALL PORTION OF LAND BETWEEN US AND THE HUGE BUILDING THAT WILL GO UP THERE.

>> YES. THANK YOU, VERY MUCH. >> OKAY. MA'AM, I THINK ANOTHER LADY WAS IN FRONT OF YOU. COME ON UP. YOU CAN COME UP TOGETHER BUT ONLY ONE PERSON CAN SPEAK AT A TIME.

>> MY NAME IS FRANCIS BRIGHT AND I HAVE PROPERTY THAT SHE IS AND RESIDENTS OF, 354 BRUINS STREET WHICH I IMAGINE IS PARALLEL TO THAT LADIES HOME. FIRST OF ALL I WANT TO SAY, BY ALL ACCOUNTS THIS IS A WORTHWHILE PROJECT AND I WOULD THINK, AT LEAST SPEAKING FOR US, MAYBE NOT SO MUCH THE NEIGHBORS ON THE OTHER SIDE, IT IS A TWO-WAY STREET. BECAUSE OF THAT BEING SUCH A WORTHWHILE EFFORT AND THE PEOPLE THAT NEED THE HELP OUR CITIZENS, IT IS A GOOD THING. NOW, ALL OF THESE QUESTIONS THAT YOU HAD THE FORETHOUGHT TO ASK ABOUT THE TREES AND THE FENCING AND EVERYTHING ELSE, IT LOOKS LIKE THERE WILL BE A BIT MORE INVESTIGATION TO SEE WHAT THE IMPACT WILL BE. THE LADY THAT SPOKE PREVIOUSLY, THE REALITY IS, THIS IS A COMMERCIAL ENDEAVOR AND IF IT WAS AN APARTMENT BUILDING THERE PROBABLY WOULD NOT BE MUCH VARIANCE TO SEE , IF THE AIR-CONDITIONERS ARE GOING THERE, THEY ARE GOING THERE . IF THE EASEMENT ROAD IS GOING THERE, THAT IS GOING TO HAPPEN BUT I THINK THAT THE PEOPLE

[00:25:03]

HERE JUST WANT TO BE GOOD NEIGHBORS BUT THEY WANT TO KNOW THAT THERE IS CONSIDERATION ON THE PART OF THE PEOPLE DOING THE BUILDING AND ALPHA OMEGA. I KNOW THEY DON'T WANT A BUNCH OF ISSUES WITH THIS STUFF BEFORE IT GOES IN. IT SO THE FACT THAT YOU ARE GOING TO INVESTIGATE THIS A BIT FURTHER -- THE QUESTION I WANTED TO ASK, WHO DO THEY CONSULT FOR THE LANDSCAPING OF THIS AS FAR AS THE SELECTION OF TREES? OR THE TYPE OF SHRUBS? I AM A RETIRED FOREST RANGER SO I AM FAMILIAR WITH THE TREES THAT CAN MAKE AN IMPACT OR NOT SO I WOULD THINK THEY WOULD WANT ONE THAT WOULD NOT CAUSE PROBLEMS. ANOTHER ISSUE, THE PROPERTIES THAT ARE THERE ARE OLDER HOMES.

IT IS NOT NEW DEVELOPMENT. THERE ARE EXISTING INFRASTRUCTURE ISSUES THERE AS WELL LIKE DRAINAGE. STANDING WATER. I THINK EVERYBODY THAT IS HERE WANTS TO BE SURE THAT WHATEVER IMPACT THAT WORTHWHILE PROJECT HAS , IT IS NOT GOING TO NEGATIVELY AFFECT SOMETHING THAT NEEDS TO BE ADDRESSED ON OUR PROPERTY AS IT IS. I HOPE IF THERE IS A CONTINUANCE ON THIS, AND THIS MIGHT BE TWEAKED OR MAYBE GET TOGETHER WITH THE RESIDENCE AND GET SOME INPUT FROM THEM. NOT JUST A MEETING LIKE THIS BUT MAYBE A MEETING OF THE PEOPLE THAT ARE GOING TO ACTUALLY MANAGE THE PLACE AND THE MANAGEMENT OF ALSO OMEGA .

THAT IS THE ONLY WAY IT WILL NOT BE CONFRONTATIONAL OR ADVERSARIAL. WE WANT TO DO SOMETHING THAT IS WORKABLE AND WE HOPE YOU WILL HELP IN THAT REGARD.

>> MA'AM, DO YOU WANT TO SAY ANYTHING ADDITIONAL? STATE YOUR NAME AND ADDRESS IF YOU DO. YOU DON'T HAVE TO IF YOU DON'T

WANT TO. >> I'M NOT SURE WHAT TO SAY.

MY NAME IS ANNA BRIGHT AT 453 BRUINS STREET. I HAVE A SEPTIC SYSTEM RIGHT NEXT TO THAT FENCE AND I AM CONCERNED ABOUT, LIKE YOU WERE SAYING, THE DIFFERENT TREES AND I AGREE WITH WHAT YOU ARE SAYING. A PALM TREE WON'T DO ANYTHING BUT CAUSE ISSUES.

BUT THE WAX MYRTLE , DID YOU SAY?

>> YUP. >> JUST THE CONCERN OF GETTING IN AND OUT OF THAT PROPERTY, IS THAT GOING TO BRING TRAFFIC DOWN MY ROAD? THAT IS A LITTLE SHORT ROAD AND THERE IS NOTHING THERE BUT MYSELF . I AM CONCERNED ABOUT THAT AND IN GENERAL WITH THE FLOODING ISSUE. LAST YEAR I HAD MASSIVE FLOODING BUT THAT WAS DUE TO A LOT OF THE CONSTRUCTION THAT WAS GOING ON. THEY DID NOT DIG PROPER DITCHES AROUND THE PROPERTY. BUT WE DO HAVE THE WETLAND ACROSS THE STREET . BUT , MAINLY, I HAVE A RELATIONSHIP WITH LISA AND WE WILL TALK FROM TIME TO TIME , WHEN I GET TIME TOHER. BUT, LIKE I SAID, I AM CONCERNED ABOUT WHAT THE FUTURE IS GOING TO BRING THERE BECAUSE I BOUGHT THE HOUSE EIGHT OR NINE YEARS AGO AND I LIKE THE COMMUNITY AND THE PEOPLE OF THE AREA. I AM JUST WORRIED ABOUT WHAT KIND OF PEOPLE WILL BE LIVING THERE.

I JUST WANTED TO TURN INTO WESTSIDE JACKSONVILLE. WHAT KIND OF PEOPLE ARE GOING TO BE MOVING TO THESE APARTMENTS? YOU KNOW, THAT'S IT. THAT'S ALL I HAVE.

>> THANK YOU. IS THERE ANY ADDITIONAL PUBLIC COMMENTS ON ITEM NUMBER ONE? SEEING NONE, WOULD YOU LIKE TO RESPOND,

AUTUMN? >> FOR THE LAST COMMENT, SPECIAL CARE HOUSING IS PERMITTED BY RIGHT SO THE REQUEST IS REALLY ABOUT THE BUFFER. OUR LANDSCAPE ARCHITECT ON STAFF THAT IS A CERTIFIED ARBORIST CAME UP WITH THE

[00:30:04]

RECOMMENDATIONS FOR THE TREES AND I KNOW THAT , MISS SPIEGEL, WHEN YOU SPOKE WITH AUTUMN YOU MENTIONED A CERTAIN TYPE OF TREE BUT HE IS NOT OPPOSED TO THE WAX MYRTLE. WE DON'T WANT TO USE PALM TREES BUT, WE ARE BASICALLY LOOKING FOR A TREE THAT WILL NOT HAVE AN EXTENSIVE ROOT SYSTEM THAT WILL DAMAGE THE EXISTING UTILITIES AND I WAS NOT ABLE TO GET A RESPONSE YET ABOUT WHAT TYPE OF MATERIAL THEY ARE. THE CURRENT CODE REQUIRES THE MECHANICAL EQUIPMENT TO BE SETBACK ONLY 5 FEET FROM THE PROPERTY LINE SO, WE ARE STILL PROVIDING 15, WHICH IS THREE TIMES THAT AMOUNT SO WE ARE EXCEEDING THE CODE ON THAT SPACING REQUIREMENT. WE ARE JUST ASKING TO LOCATED WITHIN THE BUFFER, 15 FEET FROM THE PROPERTY LINE.

>> IS THERE NO WIGGLE ROOM TO MOVE THE BUILDING? I KNOW YOU SAID IN THAT NORTHERN PORTION YOU COULDN'T BECAUSE OF REQUIREMENTS FROM THE FIRE DEPARTMENT. BUT IS THERE ANY WAY TO MOVE OTHER BUILDINGS AROUND SO THAT YOU STILL

COMPLY? >> I HAVE A VERSION WHEN I GOT THE OPPOSITION LETTER AS I WAS PARKING TODAY AND I CONSULTED WITH THE ARCHITECT AND HE SENT ME A QUICK SITE PLAN WHERE WE ARE ABLE TO MOVE . IT WOULD BE THE SECOND AND THE THIRD, RIGHT HERE. WE CAN MOVE THESE TWO IT WOULD BE CLOSEST TO HER HOME FROM THE WEST TO THE NORTH PART, WHICH WOULD NOT REQUIRE A VARIANCE. SO, WE CAN MOVE THOSE TWO AC UNITS UP THERE.

>> AND YOU ARE WILLING TO DO THAT?

>> YES. >> BUT YOU WOULD STILL NEED A VARIANCE TO PUT THE TWO LOWER AC UNITS?

>> THERE IS ONE TO THE NORTH THAT WOULD BE HERE AND ONE HERE THAT IS CLOSER TO THE POND. SO WE WOULD STILL NEED THREE ON THIS SIDE LOCATED WITHIN THE BUFFER IN THESE TWO IT WOULD BE CLOSEST TO HER HOME COULD BE MOVED TO THE NORTH.

>> OKAY. DR. HILSENBECK. EXPECTED TO MEET WITH THE

NEIGHBORS ABOUT THIS? >> I KNOW THAT ALPHA OMEGA HAS SPOKEN WITH THEM SEVERAL TIMES PREVIOUSLY AS PART OF THE VARIANCE APPLICATION. I, MYSELF, DID NOT .

>> THEY ARE SHAKING THEIR HEADS NO.

>> I'M SORRY, WHO? >>

>> NO, NOT A FORMAL MEETING. >> I THINK THIS IS GREAT BUT WHERE YOU ABLE TO TALK WITH ALPHA OMEGA ABOUT THE BLOCK

WALL? >> IT IS A SIX FOOT SOLID FENCE. IF WE ARE MOVING THE AC PATHS I DON'T THINK WE WOULD NEED THAT. THEY WILL NOT BE LOCATED NEAR HER HOME. SO, WE WOULD PREFER NOT TO DO THE MASONRY WALL BUT MOVE THOSE

UNITS. >> YOU SAID YOU CAN ONLY MOVE

SOME OF THEM? >> THE TWO LOCATED CLOSEST TO THE PROPERTY TO THE WEST. BUT THE OTHER ONES WILL NOT BE

LOCATED NEAR HER RESIDENCE. >> ANY ADDITIONAL QUESTIONS?

>> SO, THERE WILL STILL BE OFFENSE THERE?

>> YES. THE FENCE IN THE LANDSCAPING, 15 FEET BUT THESE WOULD BE TO THE NORTH. NOT BY HER HOME.

>> OKAY. THANKS. >> SEEING NO QUESTIONS I MOVE IT BACK TO THE AGENCY FOR A MOTION. MISS SPIEGEL.

>> I WOULD LIKE TO. I WOULD LIKE TO SUGGEST A MOTION TO APPROVE ZVAR 2024-11, AOMH EXPANSION BASED UPON SIX FINDINGS OF FACT AND SIX CONDITIONS AS PROVIDED IN THE STAFF REPORT. AND ADDING A CONDITION THAT THE PLANTS WOULD BE A WAX MYRTLE OR SOMETHING THAT WOULD BE SOUND BUFFERING

[00:35:03]

AND THE AC UNITS WOULD BE MOVED TO A DIFFERENT PORTION OF THE

BUILDING. >> WE HAVE A MOTION FOR APPROVAL WITH CONDITIONS. I'M SORRY, THERE IS NO FURTHER PUBLIC COMMENT. WE HAVE A MOTION FOR APPROVAL WITH CONDITIONS. DO WE HAVE A SECOND?

>> SECOND . >> OKAY. ANY DISCUSSION?

>> YES, THERE IS 6.45 ACRES HERE. AS MUCH AS I LIKE THE PROJECT ITSELF AND THE PEOPLE THAT WILL BE SERVED, IT SEEMS LIKE WE ARE SHIPPING OVER THE ISSUE HERE. I DON'T HAVE A PROBLEM . BUT I DON'T UNDERSTAND WHY WE HAVE TO PUT THE AC UNITS ON THE PROPERTY LINES. I DON'T KNOW WHY THE BUILDINGS ARE THERE. SO, I AM NOT GOING TO VOTE FOR THIS.

>> SO, THERE IS NO WAY TO MOVE THE BUILDING SOUTH? I KNOW YOU WERE GOING TO HAVE AN OFFICE BUILDING OUT THERE AS WELL?

>> YES. WE HAVE THE -- -- SO, THOSE TWO BUILDINGS TO THE -- THIS ONE HERE IS THE EXISTING BUILDING THAT THEY ARE KEEPING AND THIS ONE OVER HERE THAT THEY ARE KEEPING, AND THESE WILL BE DIFFERENT STRUCTURES. THE EXISTING LINK WOULD BE HERE . THEY ARE SHIFTING IT DOWN BUT KEEPING THE GENERAL FOOTPRINT. THEY ARE NOT KEEPING THAT EXACT POND FOR STORM WATER. SINCE THIS PORTION IS NOT INCLUDED, IT IS RS 3 AND WE ARE NOT DEVELOPING THAT . WE ARE KEEPING THE PLAYGROUND RECREATION OPEN SPACE NEAR THE EXISTING LAKE SO, YOU KNOW, THE BUILDINGS WITH THESE TWO RETAINED, THERE IS ONLY SO MUCH ROOM.

>> HOW MANY SQUARE FEET IS THAT ONE BUILDING -- THE LARGER OFFICE BUILDING? IT JUST STEAMED -- SEEMS LIKE YOU COULD MOVE EVERYTHING TO THE SOUTH. THERE IS AMPLE PARKING THERE.

>> I WOULD HAVE TO LOOK INTO THAT AGAIN. I HAVE THE ARCHITECTURAL DRAWINGS BUT NOT THE CIVIL ONES. THIS WAS ALSO CONSTRUCTION PLANS COMPLETED BEFORE THESE BUILDINGS WERE DESIGNED SO THIS IS THE LAYOUT THAT WAS APPROVED IN THOSE CONSTRUCTION PLANS PREVIOUSLY. THEN, WHEN WE WERE GOING THROUGH THE LANDSCAPE AND THE ARCHITECTURE OF THESE BUILDINGS THAT IS WHEN WE CAME INTO THIS. THE VARIANCE REQUEST IS STILL MEETING THE INTENT OF THE CODE. WE ARE EXCEEDING THE SETBACK FOR MECHANICAL FROM THE PROPERTY LINE. WE HAVE THE FENCING , LANDSCAPING, THE EAVES , WE ARE MEETING ALL OF THE INTENT OF THE CODE AND, WITH THAT SPACE, IT WILL NOT BE A NUISANCE TO THE NEIGHBORS MORE THAN A SINGLE-FAMILY

RESIDENCE MIGHT BE. >> ANY FURTHER DISCUSSION? SEEING NONE, PLEASE REGISTER THE VOTE.

NO, WRONG PEOPLE. WE ARE GOING TO GO AHEAD AND -- NOT IT.

[00:40:16]

LET'S GO AHEAD AND DO A VOICE VOTE. I WILL GO DOWN THE LINE.

THIS HAS THE WRONG PEOPLE. >> OH, THAT.

[2. SUPMAJ 2024-04 US 1 N Pickleball Courts. Request for a Special Use Permit to allow for Indoor Commercial Recreation in Industrial, Warehousing (IW) zoning per Section 2.03.43 of the Land Development Code; specifically located at 6480 US 1 North.]

>> THIS MOTION FOR APPROVAL. WE CAN GO AHEAD AND VOTE. THAT MOTION CARRIES, 4-2. CAN YOU PLEASE GET WITH THE NEIGHBORS AND HAVE CONVERSATION WITH THEM? ON TO ITEM NUMBER TWO.

DOES ANYBODY HAVE EX PARTE? >> I HAD A SITE VISIT MADAM

CHAIR. >> ANYBODY ELSE?

>> I AM THE CIVIL ENGINEER FOR THIS PROJECT LOCATED ON TRINITY JUST NORTH OF ST. AUGUSTINE AIRPORT. THIS IS A SPECIAL USE PERMIT FOR THE PLACEMENT OF PICKLEBALL COURTS INSIDE OF AN EXISTING METAL BUILDING ON SITE. SO, WHAT WE ARE REQUESTING IS A SPECIAL USE PERMIT FOR AN INDOOR RECREATION FACILITY IN A INDUSTRIAL WAREHOUSE ZONING. BECAUSE IT IS INSIDE WE HAVE TO GET A SPECIAL USE PERMIT. THE PROJECT IS LOCATED ON US-1 NORTH JUST NORTH OF THE AIRPORT. IT IS IN A MIXED USE DISTRICT SO, THAT SEEMS TO WORK WELL. THE ZONING IS DESIGNATED WAREHOUSE. THIS IS AN AERIAL VIEW OF THESE SITES AND YOU CAN SEE THE LARGE BUILDING AND THIS WING BUILDING. THAT IS THE BUILDING WHERE THE PICKLEBALL COURTS WILL BE LOCATED. HERE IS THE SITE PLAN. THE HATCHED BUILDING IS THE BUILDING THAT WE ARE TALKING ABOUT PUTTING IN TWO PICKLEBALL COURTS. I HAVE PARKING FOR FUTURE DEVELOPMENT AS WELL AS THIS DEVELOPMENT HERE. AND , I CAN ANSWER

QUESTIONS IF THERE ARE ANY. >> ANY QUESTIONS FROM THE

AGENCY MEMBERS? >> I DID NOT HAVE THIS UNTIL YOU SAID YOU HAVE PARKING FOR A FUTURE DEVELOPMENT. WHAT ARE

YOU PLANNING? ANOTHER COURT? >> ANOTHER BUILDING ABOUT THE SAME SIZE FOR TWO MORE PICKLEBALL COURTS?

>> WIDENING YOU COME FORWARD WITH THAT TODAY?

>> THE OWNER DID NOT REALIZE IT WOULD TAKE AS LONG AS IT TOOK SO HE WENT WITH WHAT HE HAD . AS SOON AS WE FINISH THIS, WE WILL DO THIS ALL OVER AGAIN. THIS TIME I WILL BE PUTTING IN PARKING FOR IT. PARKING WILL MEET ALL OF THE REQUIREMENTS

FOR PERMITS. >> OKAY. THANK YOU.

>> ANY OTHER QUESTIONS? ONTO PUBLIC COMMENT. NO ONE -- IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM ITEM 02. I WILL ENTERTAIN A MOTION. MR. MATOVINA MOTION TO APPROVE SUPMAJ 2024-04 US 1 N PICKLEBALL COURTS, BASED UPON EIGHT FINDINGS OF FACT AND TEN CONDITIONS AS PROVIDED IN THE

[3. SUPMAJ 2024-06 Bella Vista Italian Restaurant. Request for a Special Use Permit to allow for on-premise consumption of alcohol in conjunction with an existing restaurant under the regulation of a State of Florida Type 4COP/SFS beverage license pursuant to Land Development Code Sections 2.03.02 – Alcoholic Beverages, and specifically located at 540 State Road 13 North.]

STAFF REPORT. >> DO WE HAVE A SECOND? WE HAVE

[00:45:12]

A MOTION FOR APPROVAL AND A SECOND. ANY DISCUSSION? SEEING NONE, PLEASE REGISTER THE VOTE. THE MOTION PASSES WE WILL SEE YOU BACK HERE SOON. OKAY. ON TO ITEM NUMBER THREE. IS THERE ANY

EX PARTE? SEEING NONE, >> HELLO, I AM THE OWNER OF BELLAVISTA RESTAURANT. I JUST WANTED TO INTRODUCE MYSELF I WOULD LIKE TO INTRODUCE THE PROJECT AND WHAT WE WERE GOING

TO DO. >> OKAY. THANK YOU, VERY MUCH.

>> HELLO. >> NAME AND ADDRESS FOR THE RECORD AND THEN YOU MAY BEGIN.

>> >> EVAN --. THIS IS AN EXISTING RESTAURANT HOLDING A BEER AND WINE LICENSE. THIS IS A SUPER BELOVED RESTAURANT IN THE AREA AND THE GOAL IS TO EXPAND THE RESTAURANT FOOTPRINT SLIGHTLY TO MEET THE MINIMUM REQUIRED SEATING TO OBTAIN A TYPE 4 COP SFS LICENSE. ITALIAN FOOD AND LIQUOR AND WINE GO HAND IN HAND. WE WANT TO PROVIDE A TRADITIONAL ITALIAN EXPERIENCE. THAT IS BASICALLY THE GIST OF

IT. PRETTY SIMPLE. >> DO YOU HAVE THE SPACE NOW TO EXPAND WITHOUT COMING BACK HERE?

>> RIGHT NOW IT IS AN ENDCAP UNIT AND WE WILL BE TAKING OVER THE UNIT -- WHERE YOU CAN SEE THE LITTLE RED DOTS AND THE SPACE DECIDED. WE ARE JUST GOING TO PUNCH A HOLE IN THE WALL WHICH IS APPROVED ALREADY. AND EXPAND THE SEATING TO REACH THE OCCUPANCY LOAD THAT WE NEED.

>> ANY QUESTIONS? SEEING NONE, IS THERE ANYONE IN THE AUDIENCE HERE TO SPEAK ON ITEM NUMBER THREE? MR. MCINERNEY. YOU CAN

HAVE A SEAT. >> JOE MCENERY , 1005 BLACKBERRY. I VERY MUCH LIKE THIS RESTAURANT. THE FAMILY THAT STARTED THIS RESTAURANT SERVES DELICIOUS FOOD AND I LIVE IN THE AREA. THEY HAVE ACTUALLY DONE SOMETHING THAT THE PACKET DID NOT SHOW WHICH IS TO HAVE A NICE SCREENED IN DINING AREA OUTDOORS. THEY ARE REALLY DOING SOME NICE THINGS WITH THIS RESTAURANT AT THIS LOCATION. SO, WITH NO OBJECTIONS FROM ANY OF THE NEIGHBORS, I THINK THIS IS A REASONABLE REQUEST AND I WOULD ASK THAT YOU APPROVE IT.

>> THANK YOU. IS THERE ANYONE ELSE IN THE PUBLIC? SEEING NONE WE COME BACK TO THE AGENCY FOR A MOTION. MR. MATOVINA

[4. SUPMAJ 2024-07 Big Oak Assistance Center. Request for a Special Use Permit pursuant to Sections 2.03.28 and 2.03.53 of the Land Development Code to allow for More Than One Main Use Structure on a Residential Lot and a Social Assistance Center. ]

>> I WILL MAKE A MOTION TO APPROVE SUPMAJ 2024-06 BELLA VISTA ITALIAN RESTAURANT, BASED UPON EIGHT FINDINGS OF FACT AND 11 CONDITIONS AS PROVIDED IN THE STAFF REPORT.

>> WE HAVE A MOTION FOR APPROVAL. AND A SECOND. DO WE HAVE ANY DISCUSSION? SEEING NONE, PLEASE REGISTER THE VOTE.

THE MOTION PASSES. THANK YOU. ON TO ITEM NUMBER FOUR. DOES

ANYONE HAVE ANY EX PARTE? >> I RECEIVED AN EMAIL FROM JOE MCENERY -- MCINERNEY A FEW DAYS AGO AND HE BROUGHT UP SOME GOOD

[00:50:06]

POINTS. ABOUT THIS ITEM. SOME QUESTIONS THAT I HAD ALSO. BUT, I HAVE TALKED WITH SOME OF THE STAFF ABOUT THIS BRIEFLY AND IT SEEMS LIKE SOME OF THE MATERIAL AND INFORMATION WE ARE ALLOWED TO KNOW IS INTENTIONALLY VAGUE OR CONFIDENTIAL SO I WILL LEAVE

IT AT THAT. >> ANY OTHER EX PARTE?

>> I DID HAVE A PHONE CONVERSATION WITH AUTUMN MARTINAGE YESTERDAY MORNING AND I ALSO DID A SITE VISIT.

>> AT THE BOTTOM HERE. WHO WILL BE PRESENTING? FOR NUMBER FOUR, IS THE APPLICANT HERE? THANK YOU.

HELLO MISS EVANS. WE ARE READY FOR YOU.

>> OKAY. I WAS JUST GETTING THEIR CONTACT INFORMATION.

OKAY. CHRISTINA EVANS WITH TRAN97. THIS IS A SPECIAL USE PERMIT FOR A SOCIAL ASSISTANCE CENTER. IT IS ON BIG OAK ROAD AND THE FUTURE LAND USE IS AIRPORT DISTRICT AND THE ZONING IS OPEN RURAL. THE PARCEL IS A LITTLE OVER ONE ACRE. THERE IS SPARSE RESIDENTIAL DEVELOPMENT AROUND AND TO THE WEST IS THE 12 MILE SWAMP. NEAR THE REGIONAL AIRPORT. SO, THE REQUEST IS FOR A SPECIAL USE PERMIT , ONE FOR THE OPERATION OF A SOCIAL ASSISTANCE CENTER AND TWO , FOR MORE THAN ONE STRUCTURE ON A RESIDENTIAL LOT. THE PROPERTY CURRENTLY HAS THE MOBILE HOME AND THEY WANT TO ADD A SECOND STRUCTURE TO ADD MORE HOUSING FOR THEIR PROGRAM. AS YOU CAN SEE, THERE IS ON APPROVED RIGHT AWAY DIRECTLY BEHIND THE PROPERTY AND A LOT OF UNDEVELOPED LOTS AND LAND, MOST OF IT OWNED BY THE COUNTY AND TO THE WEST THERE WERE OTHER SINGLE-FAMILY MOBILE HOME AND UNDEVELOPED PROPERTIES AS WELL AS SEVERAL OWNED BY THE COUNTY. THIS IS OUR SITE PLAN AND WOULD BE WE WOULD BE ADDING A SECOND STRUCTURE TO THE NORTHEAST AND IT WOULD BE A RESIDENTIAL STRUCTURE . THEY WANT A FRONT PORCH AND THEY WANTED TO APPEAR RESIDENTIAL AND IT IS GOING TO HAVE BEDROOMS, MEDITATION ROOMS, COUNSELING ROOMS. THERE WILL BE EIGHT 10 FOOT OFFERED TO THE WEST AND WE HAVE A 20 B BUFFER TO THE NORTH AND SOUTH AND ALONG BIG OAK ROAD WE HAVE A 25 FOOT SETBACK AND WE HAVE INTENTIONALLY SCREENED THE ADDITIONAL PARKING SPACES BEHIND THE NEW STRUCTURE. SO, YOU CAN SEE ALL OF THE BUFFER AREA AND THAT WOULD REQUIRE FENCING AND ADDITIONAL TREES. THAT WOULD BE 20 FEET ON CENTER AROUND THE PROPERTY. FOR THE CONDITIONS OF THE SPECIAL USE PERMIT IT WOULD BE TEMPORARY HOUSING AND SUPPORT SERVICES FROM 12-18 MONTHS AND THERE WOULD BE A MAXIMUM OF 14 RESIDENTS AND TWO ON-SITE PROGRAM MANAGERS THAT WOULD LIVE THERE FULL TIME. WE WOULD UPGRADE THE PRIVATE WELL AND SEPTIC. IT IS IN THE ST. AUGUSTINE UTILITY DISTRICT.

[00:55:03]

RIGHT NOW THERE ARE NO PLANS TO ADD ANY AND THERE WOULD THE NO SIGNAGE RELATED TO THE CENTER. IT WOULD LOOK LIKE A RESIDENTIAL STRUCTURE WITH A MOBILE HOME OR ACCESSORY DWELLING UNIT IN THE REAR. WE WOULD NOT NEED AN EXCESSIVE AMOUNT OF PARKING AND THERE WOULD NOT BE ALL OF THESE EXTRA TRIPS BECAUSE RESIDENTS ARE NOT PERMITTED TO HAVE PERSONAL VEHICLES. THEY WOULD TRAVEL SHOP ALL OF THESE THINGS TOGETHER AND WE ARE NOT OFFERING ANY PERSONAL CUSTODIAL OR MEDICAL CARE SERVICES. SO, THIS IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE RESIDENTIAL DENSITY AND THE AIRPORT DISTRICT LAND USE IS UP TO 13 . IT DOES NOT INCLUDE UTILITIES OR ROADWAY. IT IS CONSISTENT WITH THE SURROUNDING RESIDENTIAL DEVELOPMENT. IT WILL BE A RESIDENTIAL HOME IN FRONT WITH LOTS OF SCREENING AND THEN THERE ARE A LOT OF ACCESSORY DWELLING UNITS THAT ARE MOBILE HOMES IN THE REAR OF THE PROPERTY AND WE HAVE ENHANCED BUFFERING AROUND THE RESIDENTIAL AND AGAINST THE ROADWAY. THERE IS NOT GOING TO BE ANY EXTRA TRAFFIC FROM THIS DEVELOPMENT. I AM HERE FOR ANY

QUESTIONS. >> I HAVE A FEW. I AM JUST CURIOUS, WHAT SORT OF A CURRICULUM WILL THE RESIDENCE

STUDY? >> WE DID REQUEST FOR IT TO BE CONFIDENTIAL, THE OWNERSHIP SO I DON'T KNOW EXCEPT IT WOULD FALL UNDER THE SOCIAL ASSISTANCE CENTER CRITERIA.

>> SINCE THE RESIDENTS ARE NOT ALLOWED TO HAVE VEHICLES, ARE THEY GOING TO HAVE JOBS? AND IF SO, HOW WILL THEY GET THERE.

>> I THINK FURTHER IN THE PROGRAM THEY ARE PERMITTED TO HAVE JOBS BUT THEY WOULD NOT BE ABLE TO HAVE THEIR OWN VEHICLE.

THEY WOULD HAVE TO GET RIDES FROM VOLUNTEERS OR THE PROPERTY

MANAGER. >> IS THIS COUNTY OR STATE INVOLVEMENT? FEDERAL? BOTH? IS THERE A PARTNER HELPING WITH

FUNDING? >> THEY ALREADY OWN THE PROPERTY SO THIS WOULD JUST BE EXPANSION OF THE FACILITY BUT THEY ARE NOT REQUIRED TO BE LICENSED FOR THE SPECIAL CARE HOUSING DESIGNATION THAT IS IN THE CODE. THEY DON'T FALL UNDER THAT. JUST UNDER THE SOCIAL ASSISTANCE CENTER.

>> OKAY. THANK YOU. >> ANY OTHER QUESTIONS?

>> YES. >> ARE THE PROGRAM MANAGERS

GOING TO LIVE IN THE HOUSE? >> THERE WILL BE ONE IN THE MOBILE HOME AND ONE IN THE MAIN HOUSE.

>> ANY OTHER QUESTIONS. SEEING NONE, IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM ITEM NUMBER FOUR. IF SO, PLEASE COME

FORWARD. >> GOOD AFTERNOON. CHARLIE HUNT , MILL CREEK ESTATES. THE STARTED OFF IN THE RIGHT DIRECTION. IF THIS IS SUCH A PLANNED DEVELOPMENT WITH ALL OF THE PAPERWORK READY TO GO AND A COUPLE OF MINUTES CALLING THE PERSON UP TO PRESENT THE OFFER TO THE COUNTY, WE CAN'T FIND THEM? WHY ? BECAUSE THEY ARE OUTSIDE CATCHING UP ON THE PAST ISSUE THAT NEVER HEARD FROM THEM. THAT IS ONE THING AND ANOTHER IS, WHAT IS THE BASIC STRUCTURE OF THE PROGRAM? MAYBE THAT WILL HELP . WILL THERE BE PUBLIC TRANSPORTATION TO GET THEM IN AND OUT? WILL THERE BE A DESIGNATED VEHICLE? CAN THEY BE ABLE TO GET A JOB. IT SEEMS LIKE THAT SHOULD BE PART OF THE PRESENTATION BECAUSE IT HAPPENS LIKE MANY PRESENTATIONS DO. WE WILL FIGURE IT OUT LATER. LET'S JUST GET THIS PASSED AND WE WILL FIGURE OUT THE PROGRAM LATER. SO, YES. THOSE QUESTIONS SHOULD BE ANSWERED. THANK YOU.

>> THANK YOU.

[01:00:08]

>> MY NAME IS WESLEY CRAIG AND I LIVE AT 1400 JONES ROAD BUT I OWN 5251 PINE DRIVE LIKELY BEHIND THE RESIDENCE THAT THEY ARE TRYING TO BUILD ON. MY MAIN CONCERNS ARE WE ARE IN THE PROCESS OF TRYING TO BUILD A HOUSE BACK THERE AND WHEN I CALLED BEFORE THEY SAID THEY COULD NOT TELL US WHAT THIS WAS. I HAVE TWO SMALL CHILDREN . IT KIND OF SOUNDS LIKE A HALFWAY HOUSE. WE'RE TALKING NO JOBS. MY CONCERN IS WHETHER THE SAFETY IMPLICATIONS FOR MY CHILDREN AND MY FAMILY IF WE CAN'T EVEN KNOW WHAT IT IS AT THIS POINT. IT IS KIND OF A PLACE THAT WE WANTED TO BUILD OUR FAMILY AT AND WE LIKE THE PROPERTY BECAUSE IT IS TUCKED AWAY BUT KIND OF CLOSE TO TOWN BUT NOT TOO FAR AWAY. I GREW UP IN A SMALL TOWN SO I LIKE BEING IN THE COUNTRY BUT IF WE HAVE SOMETHING LIKE THIS THAT WOULD BE WRITE DIRECTLY IN FRONT OF MY HOUSE, AND I CAN'T EVEN KNOW, IS IT SAFE? IS IT NOT SAFE? PEOPLE AREN'T GOING TO HAVE JOBS AND JUST BE THERE FOR 12-18 MONTHS? I WOULD JUST LIKE TO KNOW MORE INFORMATION AND WHAT WILL BE GOING ON THERE. I WOULD URGE YOU TO AT LEASE -- LEAST TAKE THE TIME TO INVESTIGATE FOR THE SAFETY OF MY CHILDREN AND MYSELF.

>> THANK YOU. IS THERE ANYONE ELSE HERE IN THE AUDIENCE TO SPEAK ON ITEM NUMBER FOUR? YES, MA'AM .

>> MY NAME IS DEBBIE MORALES AND I AM THE DIRECTOR OF THE PROGRAM THAT THEY ARE PRESENTING. WE HAVE BEEN IN OPERATION THERE SINCE 2005 AND WE ASSIST THE COMMUNITY AND THE SURROUNDING AREAS. WOMEN COME FROM ALL OVER AND IT IS PROTECTED. WE DON'T SHARE TOO MUCH. WE HAVE BEEN UNDER THE RADAR HELPING WOMEN GET BACK ON THEIR FEET. WE DO HAVE A PROGRAM AND I DID BRING MATERIAL. WE DO HAVE A WEBSITE IF ANYONE WANTS TO CHECK IT OUT AND SEE WHAT WE ARE ABOUT. WE ARE RESIDENTIAL PROGRAM FOR WOMEN THAT COME FROM ALL WALKS OF LIFE. AT SOME WE DO JAIL MINISTRY AND SOME COME FROM HOSPITALS. WE HAVE AN APPLICATION PROCESS AND WE HAVE A BOARD PRESIDENT, MR. DENNIS OO HOLLINGSWORTH IS THE PRESIDENT OF THE ORGANIZATION. IF ANYONE THAT WANTS TO KNOW MORE, I DON'T KNOW IF I CAN SHARE MORE HERE AT THIS TIME BUT, DO YOU

HAVE ANY QUESTIONS? >> AFTER YOU ARE DONE SPEAKING, WILL YOU PLEASE SPEAK WITH THE GENTLEMAN THAT JUST CAME UP?

>> THAT IS EXACTLY WHAT I WAS GOING TO ASK. IF YOU CAN HEAR HAVE THE CONVERSATION WITH THE DIRECT NEIGHBOR. I GET THE THESE -- THIS NEEDS TO BE PRIVATE AND THESE PEOPLE ARE VULNERABLE. WE DON'T WANT A LOT OF NOISE ABOUT IT AND THAT IS UNDERSTANDABLE BUT I WOULD LOVE TO HAVE SOME OF YOUR

LITERATURE. >> THANK YOU.

>> THANK YOU, VERY MUCH. ANYONE ELSE HERE TO SPEAK ON ITEM NUMBER FOUR. GO AHEAD, MA'AM. I'M SORRY, YOU HAD YOUR TIME.

MA'AM, YOU CAN COME UP. >> TIFFANY PEACOCK, 364 INAUDIBLE ]. I AM A VOLUNTEER AT THE PROGRAM THAT WE ARE TALKING ABOUT. I CAN COMPLETELY UNDERSTAND THE CONCERN . IT IS A VERY REGIMENTED PROGRAMAND VERY STRICT. WE TALK ABOUT JOBS AND NOT HAVING JOBS AND ALL OF THAT. IT IS SUCH A STRICT PROGRAM THAT SOMEWHERE ALONG THE WAY THERE MAY BE EMPLOYMENT. THERE ARE HOUSE MANAGERS . IT IS A VERY CONTROLLED INDISCIPLINE PROGRAM THAT HAS BEEN AROUND FOR A VERY LONG TIME SO WE ARE IN EXPANSION MODE AND TRYING TO EXPAND BUT THE PROGRAM HAS BEEN AROUND FOREVER WITH VERY MANY SUCCESS STORIES. I WOULD ASK YOU TO CONSIDER THAT.

>> MISS EVAN ? >> JUST REITERATING THAT THEY ARE ALREADY OPERATING THERE AND THE INTENT IS TO EXPAND AND THE

[01:05:01]

CONDITIONS OF THE PERMIT ARE NOT TO CHANGE THE CHARACTER .

IT WILL STILL BE RESIDENTIAL. THERE WILL NOT BE EXCESSIVE TRIPS OR VEHICLES. THEY WILL CONTINUE TO OPERATE AS A

RESIDENTIAL ENVIRONMENT. >> OKAY.

>> MR. MATOVINA. >> MY QUESTION IS FOR STAFF.

THE CRUX OF THIS IS, DOES THIS QUALIFY AS SOCIAL ASSISTANCE? WE ARE AWAITING INFORMATION IN OUR PACKET TO DETERMINE THAT.

AND HAS STAFF DETERMINED THAT IT IS A QUALIFIED SOCIAL

SERVICE FACILITY? >> WE HAVE LOOKED AT THIS AND WE HAVE HAD CONSIDERABLE CONVERSATIONS WITH THE APPLICANT. MOST SOCIAL SERVICE AGENCIES DON'T FALL UNDER THAT PROTECTION. THIS IS ONE OF THE VERY FEW NARROW EXCEPTIONS BUT IT DOES FALL UNDER A SOCIAL ASSISTANCE CENTER SO, IT

CLEARLY FALLS INTO THAT USE. >> THANK YOU. THAT IS WHAT I

WANTED TO HEAR. >> ANY OTHER QUESTIONS. BACK TO

[5. SUPMAJ 2023-15 CR 305 Borrow Pit. Request for a Special Use Permit pursuant to Land Development Code Section 2.03.10 and Section 6.04.09 to allow for a Borrow Pit within Open Rural (OR) zoning, specifically located at 6310 County Road 305.]

THE MOTION FOR A MOTION. MR. MATOVINA.

>> MOTION TO RECOMMEND APPROVAL OF SUPMAJ 24-07 BIG OAK ASSISTANCE CENTER BASED ON EIGHT FINDINGS OF FACT AND EIGHT CONDITIONS AS PROVIDED IN THE STAFF REPORT. WE HAVE A MOTION FOR APPROVAL. DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION FOR APPROVAL. AND A SECOND. PLEASE REGISTER THE VOTE. THE MOTION PASSES. ONTO ITEM NUMBER FIVE. IS THERE ANY

EX PARTE? >> I DID MAKE A PHONE CALL TO MATTHEW H. LAHTI AND DID NOT HEAR FROM HIM.

>> WE DID GET AN EMAIL FROM STAFF SAYING THAT LAHTI WANTED

TO SPEAK WITH US. >> I ALSO DID RECEIVE THE EMAIL ABOUT MR. LAHTI WANTING TO SPEAK WITH US AND I DID GO TO GULFSTREAM DESIGN GROUP, LLC ON TUESDAY.

>> ANYONE ELSE? MR. LAHTI. >> SORRY ABOUT THE MISSED CALL.

WE DO HAVE A POWERPOINT TO GO THROUGH QUICK. ONE ITEM TO NOTE THAT IS A PART OF THE POWERPOINT, WE DID GET THE PERMIT FOR THIS SITE LAST WEEK. THIS IS COUNTY ROAD 305 BORROW PIT IS EAST OF COUNTY ROAD 305 NEAR THE FPL SOLAR FARM . IN THE ZONING DISTRICT , IN A THE OR DISTRICT. WE DID EMAIL A COPY OF -- EARLIER THIS WEEK. THERE ARE WELLHEADS ON SITE THAT WERE REMOVED AND THE SITE IS CURRENTLY OPERATING AS A SOD FARM UNDER THE AGRICULTURAL USES. JUST SOME RECENT PHOTOS THERE. HERE IS A PICTURE OF THE PROPOSED PROJECT WITH THE BORROW PIT BEING HERE. A BASIN AND A DITCH SURROUNDING THE PERIMETER OF THE PIT. THIS WILL HELP TO RE-INFILTRATE THE WATER THAT IS PUMPED OUT AND KEEP THE WETLANDS IN THE ADJACENT FIELD HYDRATED. OUR PIT IS NOT WITHIN 200 FEET OF A PUBLICLY OWNED RIGHT-OF-WAY NOR IS IT WITHIN 1000 FEET OF A SCHOOL, HOSPITAL, OR HOUSE OF WORSHIP. GROSS PROPERTY ACREAGE IS ABOUT 58 ACRES IN THE PROJECT LIMITS ARE ABOUT 40. WITH A LITTLE OVER 18 OF THAT BEING THE ACTUAL BORROW PIT. RESTORATION PLAN WILL INCLUDE LINKING THIS TOGETHER. REMOVING AND REFILLING THE DUTCH AND SOME PERIMETER PLANTINGS. ALSO, UPON RESTORATION, I KNOW A LOT OF THE QUESTIONS BECOME, WHAT IS THE USE AFTERWARDS. THIS HAS AN INTERESTING USE. THE HORSE PLAY THERAPY FACILITY OPERATES JUST OFF OF 207. THEY PROVIDE

[01:10:05]

SERVICES FOR FILTERING, VETERANS, ETC. AND THEY HAVE OVERGROWN THEIR FACILITY AND WILL BE MOVING HERE POST OPERATION OF THE PIT. HORSEPLAY, THEY HAVE A VISION THAT THE FUTURE SITE WOULD BE FOR THEIR RISE UP VETERANS FACILITY. ABLE TO USE THE PIT AND POND FOR WATER FOR THE HORSES. JUST A QUICK LOCATION MAP OF THE CHURCHES. ST.

AMBROSE IS TUCKED BACK IN HERE AND HOLY CHURCH OF ZION AND ARMSTRONG ALL OFF OF THE MAIN HALL ROAD AND THIS WILL GO EAST OR WEST. SCHOOLS, TO THE EAST, WE DO HAVE MASON ABOUT SIX MILES AWAY, EAST OF 95 AND SOFTWOODS IS OFF OF STATE ROAD 206. WE DID OUR DEPARTMENT OF HEALTH WELL RESEARCHED. WE DID HAVE A GEOTECHNICAL ENGINEER WITH A DRAWDOWN ANALYSIS AND THAT SHOWS THAT THIS KEEPS THE WELL HYDRATED DURING THE OPERATION OF THE PIT. BORROW PITS ARE ALLOWED WITHIN THE RURAL AGRICULTURE USE. WE FEEL THAT THIS USE IS CONSISTENT WITH THE RURAL NATURE AND EVERYTHING THAT IS ALLOWED WITHIN THAT DISTRICT. ACCESS , WE WILL BE ACCESSING FROM OUR PARCEL TO COUNTY ROAD 305 AND THAT DRIVEWAY CONNECTION WILL BE APPROVED WITH OUR COMMERCIAL BORROW PIT APPLICATION AND CONSTRUCTION PLANS. AS TYPICAL WITH BORROW PITS, THE HAUL ROUTES ARE RESTRICTED TO THE SCHOOLS AND WE WILL MAKE SURE DRIVERS ARE AWARE OF THOSE ROUTES. SCREEN AND BUFFERING IS COMPLIANT. WE DO HAVE A 50 FOOT EXCAVATION SETBACK AROUND THE PERIMETER AND THE REST OF THE BUFFERING WILL BE IN ORDINANCE.

I HAVE A FEW CROSS-SECTIONS HERE THAT WE COULD JUST RUN THROUGH TO SHOW YOU THE 20 FOOT BUFFER ALONG THE EASTERN PROPERTY. THE CROSS SECTION THERE . SOME OF THE TREES WILL REMAIN. POST DEVELOPMENT SCREENING HERE WITH TREES THAT WOULD BE PLANTED ALONG THAT SECTION. THE NORTH PROPERTY LINE HERE, THE 30 FOOT BUFFER WITH PLANTINGS IN IT. THE SITE WILL BE FENCED AND GATED ALONG COUNTY ROAD 305, LOOKING AT A TYPICAL GATE AND FENCED AND THAT WILL BE OPERATED ON SITE.

ALL OPERATIONS WILL BE IN ACCORDANCE WITH A SPECIAL USE PERMIT. WE DID RECEIVE OUR ERP PERMIT AND THE INTENDED DEVELOPMENT OF THIS IS THE HORSEPLAY CENTER FOR VETERANS.

I CAN NOW ANSWER ANY QUESTIONS YOU MIGHT HAVE.

>> DR. HILSENBECK. >> WHEN WE MET AT THE OFFICE THERE WAS SOME QUESTION AS TO IF THE FILTER MATERIAL WAS TAKEN OFF-SITE AND SOLD OFF-SITE AND WE HAVE THE LETTER FROM MR. WILLIAMS THAT SAYS NO MATERIAL WAS REMOVED FROM THE SITE OR SOLD SO, I ASSUME THAT IS CORRECT AND YOUR

UNDERSTANDING? >> YES. THAT IS MY

UNDERSTANDING. >> COULD YOU GO BACK ABOUT MAYBE 25 OR 30 SLIDES? YOU HAVE A DRONE SLIDE THAT YOU SHOWED ME IN YOUR OFFICE, THAT PARTICULAR PHOTO TAKEN FROM A DRONE IT LOOKED LIKE. IT SHOWED HOW SHALLOW -- NOT THAT ONE -- THIS KIND OF SHOWS IT HERE . YOU CAN SEE SOME OF THE LG AND THE GIRLS COMING UP THROUGH THE BOTTOM.

>> THERE WAS ANOTHER ONE THAT SHOWED IT EVEN BETTER.

>> YOU CAN SEE HOW SHALLOW THAT IS. YOU HAVE A LOT OF VEGETATION GROWING UP THROUGH THERE SO THAT CAN'T BE MORE

[01:15:04]

THAN A COUPLE FEET DEEP AND YOU SAID THAT MATERIAL WAS SCRAPED

OUT OF THERE? >> YES, THIS WAS IN A PRETTY -- CONDITION. TO GET THE SOD TO GROW THEY USE THAT MATERIAL UNDER THE AGRICULTURAL LAND USE .

>> I VOTED AGAINST SEVERAL BORROW PITS BUT THAT WAS BECAUSE OF THE LOCATION. WHICH, TO ME, DID NOT SEEM SUITABLE I WILL HAVE TO SAY THIS IS A GOOD LOCATION FOR A BORROW PIT. SO,

I AM GOING TO SUPPORT IT. >> MISS SPIEGEL.

>> I AGREE WITH DR. HILSENBECK. I DID NOT KNOW ANYTHING ABOUT BORROW PITS BUT NOW I KNOW MORE THAN I EVER COULD. WITH ALL OF THE DEVELOPMENT HERE IT IS AN IMPORTANT THING. THE LOCATION IS PROBABLY A GOOD LOCATION. I QUESTIONS WERE JUST SORT OF -- IMPACT ON THE ROADS AND I DON'T KNOW IF I HAVE A QUESTION PARTICULARLY FOR YOU. 65 FEET DEEP AND 18 ACRES. HE SAID THE HORSEPLAY THERAPY CENTER IS OVERGROWN AND THEY ARE GOING TO WAIT 10 YEARS TO COME OUT HERE?

>> 10 YEARS IS THE EXPECTED DURATION BUT I BELIEVE THAT THEY CAN ALSO OPERATE OUT HERE ON THE WEEKENDS OR OTHER TIMES WHEN THERE IS NOT HEAVY ACTIVITY GOING ON. THERE CAN BE PASTOR AND PADDOCKS AND A BURN . HOPEFULLY WE CAN EXPAND ON

THAT. >> I WOULD BE INTERESTED TO HEAR HOW THAT WOULD IMPACT THE HORSES AS WELL. I CONCERN WAS THE ENTRANCE AND EXIT AND IT IS GOING TO BE THE MAIN ROAD RIGHT THROUGH THE MIDDLE OF THE PROPERTY?

>> THE HALL ROAD IS ON SITE AND THEN WE CONNECT TO COUNTY ROAD 305. THIS IS ON PRIVATE PROPERTY. COUNTY ROAD 305, WE ENTER INTO A MAINTENANCE BOND AGREEMENT AND THAT IS WHAT WILL COVER THE MAINTENANCE ON COUNTY ROAD 305. AND THE HAUL ROADS , GAS TAX MONEY HELPS TO FUND THOSE IMPROVEMENTS.

>> THAT IS WHAT I WAS GOING TO ASK. IT MY QUESTION WAS ABOUT THE CONTRIBUTION. IT IS A GOOD NICE ROAD AND IT DOESN'T HAVE A LOT OF TRAFFIC BUT I DO APPRECIATE -- I DID NOT KNOW ABOUT THE AVOIDANCE OF THE SCHOOL TRAFFIC. THAT IS ALL

THAT I HAD. THANK YOU. >> THANK YOU.

>> ANY OTHER QUESTIONS? SEEING NONE, IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM ITEM NUMBER FIVE? IF SO, PLEASE COME FORWARD. YOU NEED TO HIT THE RED BUTTON. THERE WE GO.

>> CAN YOU HEAR ME? I AM JONATHAN MYERS AND I LIVE AT 117 BASELINE TRAIL JUST UP THE ROAD. TWO PARCELS SOUTH OFF OF 305 TOWARDS THE WOODS. THERE IS RECREATIONAL HUNTING OR A HUNTING CLUB BEHIND US IN THE WOODS. PALM TREES RIGHT ACROSS FROM OUR PROPERTY ON THE NORTH SIDE SO, I HAVE BEEN THERE 20 YEARS AND I HAVE ONE CONCERN BUT BEFORE THAT I WANT TO SAY, THAT WHEN THEY WERE DEVELOPING AND EXCAVATING THE HORSEPLAY PROPERTY THERE WAS A PROBLEM. ALL OF OUR SURROUNDING AREAS, THERE WAS A PROBLEM WITH THE PREVIOUS AGRICULTURAL DRAINAGE DITCHES. WHEN MR. WILLIAMS BECAME AWARE OF THAT, HE THREW ALL OF HIS COMPANY RESOURCES AT IT AND HE CAME OUT AND TOOK CARE OF IT. HE BROUGHT GRAVEL TO REPLACE WHERE OUR DRIVEWAY HAD WASHED OUT. IT WAS A SEVERE PROBLEM AND HE WENT BEYOND WHAT HE WAS REQUIRED TO DO. HE PRETTY MUCH CURED THE PROBLEM.

I HAVE BEEN THERE 20 YEARS AND 305, IN THAT 20 YEARS, I MOVED OUT THERE WHEN 207 WAS STILL TWO LANE. THE TRAFFIC ON 305

[01:20:02]

NOW , IT JUST GETS EXPONENTIALLY WORSE. WE ARE HERE ABOUT WATSON ROAD COMING OUT AND DUMPING ON 305. THERE MAY BE ROOM FOR IMPROVEMENT. I'M NOT SEEING THIS WOULD CAUSE MORE PROBLEMS THAN ARE ALREADY THERE BUT PROGRESSIVELY I SEE THAT 305 SHOULD BE SIGNIFICANTLY IMPROVED. AS FAR AS WHAT IS GOING ON WITH THE PIT, JUST ONE PAIR OF EYES FROM THE NEIGHBORHOOD, I DON'T SEE A PROBLEM WITH IT. I THINK YOU OUGHT TO GIVE THEM THE PERMIT AND LET THEM GO AHEAD. MA'AM,

DO YOU WANT TO COME UP? >> IT MY NAME IS GAIL NELSON AND I DON'T LIVE ON 305 BUT I LIVE UP OFF OF 206 AT 6800 WEST SEA COVE. MY QUESTION IS, I DON'T LIVE THERE BUT MY HORSES DO AND NEXT DOOR TO THIS PROPERTY THERE ARE 20 MORE OF US WITH HORSES AND I HAVE A QUESTION ABOUT THE AIR QUALITY AND I THINK IT WOULD BE INCONVENIENT FOR US IN TERMS OF THE NOISE BECAUSE WE ALREADY HEAR ALL OF THE INDUSTRIAL WORK AT THIS PROPERTY AND ALSO THE TRAFFIC. I AM MORE CONCERNED ABOUT THE AIR QUALITY WHEN YOU ARE FOR WORRYING SAND. IF IT IS GOING TO BE GOING ON THAT LONG I THINK WE WILL HAVE TO MOVE OUR HORSES. I DID NOT READ THAT IT IS INTENDED TO BE COMPATIBLE WITH ADJACENT LAND-USE. WHERE I KEEP MY COURSES THAT FACILITY HAS BEEN THERE 20 YEARS. THERE ARE ABOUT 20 OF US THAT KEEP OUR HORSES THERE. AND I THINK WE WILL HAVE TO LEAVE. I HAVE NOT BEEN SENT HERE BY ANYONE OTHER THAN MYSELF BECAUSE I DRIVE BY IT EVERY DAY AND I SAW THE ORANGE SIGN. HAS ANYBODY -- CAN YOU TELL ME WHAT THE AIR QUALITY IS GOING TO BE?

>> I CANNOT BUT THE APPLICANT WILL RESPOND.

>> I WOULD SAY, PLEASE DON'T DO THIS TO US. THERE ARE A PRECIOUS FEW HORSE FACILITIES AND I CAN'T IMAGINE THAT HORSE THERAPY WILL WANT TO BE AROUND A SAND PIT EITHER. I'M ONLY ME BUT THERE ARE 20 MORE PEOPLE LIKE ME NEXT DOOR.

>> IS THERE ANYONE ELSE HERE TO SPEAK ON ITEM NUMBER FIVE? STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD.

>> MY NAME IS VICKI -- AND I RUN -- CREEK HORSE THERAPY CENTER. WE ARE LOOKING TO USE THIS PROPERTY FOR OUR EXPANSION OF OUR VETERANS PROGRAM. WE SEE VETERANS AND FIRST RESPONDERS AND THE PROGRAM IS GROWING AND THAT IS AWESOME BUT WE NEED MORE SPACE SO THIS OPPORTUNITY AROSE AND OUR HORSES ARE VERY TOLERANT, I GUESS THE BEST WAY TO SAY. OF THINGS HAPPENING AROUND. THEY ARE ABLE TO WORK AND PERFORM IN THE SURROUNDINGS SO IT WOULD BE A GOOD OPPORTUNITY FOR US. WE ARE HOPING THIS WILL GO THROUGH AND AM AVAILABLE TO ANSWER ANY SPECIFIC QUESTIONS THAT ANYBODY HAS.

>> MISS SPIEGEL . >> ARE YOU CONCERNED ABOUT THE

AIR QUALITY FOR THE HORSES? >> NOT SPECIFICALLY. THAT HAS

NOT BEEN A BIG RED FLAG. >> ANY OTHER QUESTIONS? MA'AM, WOULD YOU LIKE TO TALK? I APPRECIATE IT. IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM NUMBER FIVE. CAN YOU COME UP?

[01:25:17]

BRING THE MICROPHONE CLOSER TO YOU. YOU TURNED IT BACK ON.

>> MY NAME IS JENNIFER BIRD AND I LIVE AT 6190 COUNTY ROAD 305 SO, I AM JUST NORTH OF THIS PROPERTY. MY HUSBAND AND I, YEARS AGO, OWNED WHERE THE OTHER HORSE LOT IS. THAT WAS OUR FARM LAND. TO THE SOUTH OF ME I OWN PART OF THE DITCH AND THEN THERE IS A BURN ALL THE WAY DOWN FULL OF TREES AND THEN THE CANAL BELONGS TO THE COUNTY AND THEN THERE IS COUNTY ROAD.

BEFORE THE PROPERTY IN QUESTION HERE. SO, THERE IS PLENTY OF SPACE BETWEEN US. I CAN HEAR WHAT IS GOING ON SOMEWHAT DURING THE DAY. THE ONLY TIME THERE IS TRAFFIC, AT THIS POINT, ON 305, WHICH IS SUPPOSED TO BE FOUR LANE ONE DAY, THE ROAD THAT IS THERE WAS FINISHED 50 YEARS AGO. IT IS ORIGINAL. MY BROTHER WORKED ON IT SO THAT IS HOW I KNOW. THE ONLY TIME 305 IS REALLY BUSY, IF THERE IS BUMPER TO BUMPER TRAFFIC, IT IS BECAUSE THERE IS A WRECK ON 95 AND YOU CAN TELL WHICH SIDE . NORMALLY THERE IS TRAFFIC ON 305. I HAVE LIVED THERE 43 YEARS AND I AM NOT IN A FLOOD ZONE. THE TRAIL IS ACTUALLY A FLOOD ZONE. THANK YOU.

>> GOOD AFTERNOON. CHARLIE COOK , MILL CREEK STATES. THE WOMAN THAT CAME UP AND TALKED ABOUT HER 20 HORSES AND THE PIT THAT COULD BE PUT IN, YOU ASKED A QUESTION AND YOU SAID YOU CAN'T ASK QUESTIONS. BUT THEN YOU ASK THEM QUESTIONS DURING THEIR TIME. HYPOCRITICAL. IF YOU TELL A PERSON TO COME UP HERE AND SAY YOU CAN'T ASK QUESTIONS, THAT IS WHAT IT IS

ABOUT THIS. >> IT IS NOT HYPOCRITICAL, BY THE WAY. SHE WAS ASKING A QUESTION OF US THAT WE DON'T KNOW THE ANSWER TO. WE ARE ALLOWED TO ASK THEM A QUESTION, SHOULD WE NEED TO THAT, THANK YOU FOR YOUR FEEDBACK. I

APPRECIATE IT. MR. LAHTI. >> ADDRESSING THE AIR-QUALITY

-- >> THERE ARE OTHER MEMBERS OF THE PUBLIC THAT WANT TO SPEAK.

>> I'M SORRY. I DID NOT SEE YOU BACK THERE.

>> GREG SIEVERT, AND I OWN THE SPIRIT STABLES RIGHT NEXT DOOR . I WOULD BE HIS NEIGHBOR TO THE NORTH. ADDRESS IS 6160 305.

THE HORSE STABLES THERE , I DON'T SEE WHERE THE AIR-QUALITY WOULD BE AFFECTED BY DIGGING A PIT . WE GO OUT THERE AND WE MOW MAYBE ONCE A WEEK EVERY OTHER WEEK WITH TRACTORS SO, THAT IS MORE POLLUTION THAN DIGGING A PIT .

I DON'T HAVE ANYTHING WRONG WITH HIM DIGGING A BORROW PIT.

>> THANK YOU. ANYONE ELSE? OKAY. NO FURTHER COMMENT. MR.

LAHTI. >> TO COMMENT ON THE

[01:30:07]

AIR-QUALITY. IT ALL HAS EXHAUST TYPICAL TO CONSTRUCTION. THERE IS PROBABLY MORE DUST AND AIRBORNE PARTICULATE FROM THE AGRICULTURAL ACTIVITIES FROM A BORROW PIT. TYPICALLY, THEY ARE WATERED WITH A WATER TRUCK. THOSE ARE REALLY THE ONLY DUSTY COMPONENTS OF A BORROW PIT OR THE HAUL ROADS AND IT IS IN THE INTEREST OF THE OPERATOR TO KEEP THE DUST DOWN SO IT IS NOT DRAGGED OUT ONTO 305. WE ARE NOT POUNDING, DRILLING, BLASTING. THIS IS JUST PURE EXCAVATION AND PUMPING.

>> I THINK THERE ARE A COUPLE OF QUESTIONS. MISS SPIEGEL.

>> I JUST WANT TO COMMENT THAT I APPRECIATE THAT THE HORSEPLAY PEOPLE ARE HERE SINCE THEY ARE PART OWNERS OF THIS PROPERTY AND I THINK IT WAS APPROPRIATE FOR THEM TO COME UP AND SPEAK.

I DON'T KNOW HOW THAT REALLY WORKS SO I WAS JUST INTERESTED IN HEARING THAT RESPECT VON THE AIR-QUALITY AS WELL AND I APPRECIATE THAT THEY CAME UP AND SAID THAT THEY THOUGHT THAT THEIR HORSES WOULD BE SUITED TO WORK WITH THAT ACTIVITY. THANK YOU LADIES FOR COMING AND THANK YOU MR. LAHTI FOR EXPLAINING.

>> DR. HILSENBECK. >> I AM CONCERNED ABOUT WHAT THE WOMAN SAID ABOUT MINING SAND OR HARVESTING AND BORROWING SAND. MAP, DIDN'T YOU TELL ME THIS IS AN EXTREMELY WET SITE AND BASICALLY WHAT IS COMING OUT OF

THERE IS FILLED OR? >> THIS IS NOT A MINE. NO PROCESSING. THIS IS FILLED DIVERTS AND THE EXISTING WATER

TABLE IS BELOW GRADE. >> SO, IT IS NOT A SANDY SITE.

OFF OF DOBBS ROAD, THIS WAS A CONCRETE BLOCK FACILITY. I UNDERSTOOD THE CONCERNS PEOPLE HAD ABOUT SILICOSIS AND THOSE ARE VALID CONCERNS BUT, YOU HAVE BORINGS FROM THIS SITE TO

65 FEET OR SO? >> CORRECT.

>> WHAT DOES THAT SHOW IN TERMS OF MATERIAL? IS IT FAIRLY

UNIFORM? >> I DO NOT THINK THERE WAS BEACH TYPE OR CONCRETE TYPE FANS IN THERE.

>> OKAY. SO, SILICOSIS CONCERNS WOULD BE VALID IF THIS WERE A SAND HILL SITE. AND THEY WERE HARVESTING THAT AND MINING IT AND PERHAPS MANUFACTURING IT ON THAT SITE, IT COULD BE VALID BUT WITH THE DIRT COMING OUT OF THERE AND TO THE POINT ABOUT AGRICULTURAL FIELDS BEING PLOWED AND KICKING DIRT UP INTO THE ATMOSPHERE, THOSE ARE INTERESTING POINTS. THOSE POINTS ARE WELL TAKEN. I THINK THAT IS IT. I WANTED TO SAY TO MR. HUNT, I DO HAVE QUESTIONS AND I DO ASK THEM SO I AM NOT HYPOCRITICAL IN ASKING QUESTIONS LATER ON. I DID NOT COME UP WITH ALL OF THEM AT THE FRONT END. I HOPE YOU WILL TAKE THAT STATEMENT BACK. THANK YOU, VERY MUCH.

>> ANY OTHER QUESTIONS? MR. MATOVINA.

>> DO YOU KNOW OF THE HORSES ARE KEPT AT THE FRONT OR THE

BACK ? ALONG 305? >> I BELIEVE THAT --

>> I'M TALKING ABOUT THE NEIGHBOR.

>> OH. LET ME GO BACK TO THE AREA. I BELIEVE THAT THE HORSES WOULD BE HERE. SO, WE ARE TALKING SOMEWHERE BETWEEN 470

OR SO FEET . >> AND YOUR ENTRANCES TO THE

WEST? >> IT IS DOWN HERE. YES, SIR.

910 FEET THERE SO ABOUT 1000 FEET FROM THIS PROPERTY LINE TO HEAR AND PROBABLY 500 OR 600 FROM HERE TO HERE.

>> OKAY. THANK YOU. >> ANY OTHER QUESTIONS? SEEING

[6. MAJMOD 2024-03 4560 Race Track Road PUD. Request for a Major Modification to the 4560 Race Track Road PUD (Ordinance 2017-02, as amended) to add approximately 0.1 acres to the project boundary and update the Master Development Plan Map by adding an interconnectivity access point to the adjoining Parkway Place PUD to provide access to CR 2209 (Saint Johns Parkway).]

[01:35:08]

NONE, WE ARE BACK TO THE AGENCY FOR A MOTION. MR. MATOVINA .

>> I WILL MAKE A MOTION TO RECOMMEND APPROVAL OF SUPMAJ 23-15 CR 305 BORROW PIT BASED ON EIGHT FINDINGS OF FACT AND 12 CONDITIONS AS PROVIDED IN THE STAFF REPORT.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. WITH THAT, SEEING NO DISCUSSION, PLEASE REGISTER THE VOTE. THE MOTION PASSES. ONTO ITEM NUMBER SIX. IS THERE ANY

EX PARTE? >> I DID A SITE VISIT. THAT IS

IT. >> ANYONE ELSE ? MISS ELLEN

AVERY-SMITH. >> GOOD AFTERNOON. I AM ELLEN AVERY-SMITH AND NONE OF YOU HEARD FROM ME THIS WEEK BECAUSE THIS IS LITERALLY THE SIMPLE LISTS PUD MODIFICATION I HAVE EVER PRESENTED TO THIS BOARD. LITERALLY. SO, LET'S TALK ABOUT IT. THE PROJECT , THE PROPERTY IS LOCATED AT RACETRACK ROAD AND ST. JOHN'S PARKWAY AND THE PROPERTY EXISTS HERE TODAY . THE PROPERTY THAT IS BEING ADDED, 1/10 OF ONE ACRE IS RIGHT HERE AND THIS IS THE PARKWAY PLACE PUD THAT WAS DONE ABOUT 10 YEARS OR SO AGO. SO I WILL TALK ABOUT THE PUD AND HOW THESE WORK TOGETHER. THE FUTURE LAND USE IS COMMUNITY COMMERCIAL AND THE ZONING IS EXISTING PUD. THIS IS ALREADY APPROVED FOR DEVELOPMENT OF A MAXIMUM OF 170,000 SQUARE FEET OF RETAIL, RESTAURANT, AND OTHER USES. NO RESIDENTIAL USES ARE INCLUDED IN NO RESIDENTIAL USES ARE BEING REQUESTED. THE CURRENT PUD HAS ONE FACE. THE PURPOSE OF THE MODIFICATION IS TO ADD 1/10 OF AN ACRE AND TO UPDATE THE MASTER DEVELOPMENT PLAN TO SHOW SIDE ACCESS THROUGH THE PUD TO ST. JOHN'S PARKWAY. SO, THIS LITTLE PARCEL IS WHAT IS BEING ADDED AND THEN THAT PARCEL AND AN AXIS ARROW ARE BEING ADDED TO THIS PUD SO THE PARK PLACE PUD, IT INCLUDES AN ACCESS ARROW TO ALLOW THIS INTERCONNECTION . SO THE PARKWAY PLACE PUD ALLOWS THIS CONNECTION THROUGH A SMALL ADJUSTMENT BECAUSE IT ALREADY HAS AN ACCESS ARROW INTO THIS PROPERTY. WE ARE ADDING AN ACCESS ARROW GOING TO THE WEST TO ALLOW THIS INTERCONNECTION FROM THIS PUD DOWN TO ST. JOHNS PARKWAY . OUR CLIENT HAS ACQUIRED THAT PROPERTY SO THAT IS THE 10TH OF AN ACRE. THAT ALLOWS CONNECTION FROM RACETRACK ROAD AND THEN ST. JOHNS PARKWAY . NOW BOTH SIDES ARE DESIGNED TO ALLOW THAT. THERE ARE NO OUTSTANDING STAFF COMMENTS AND WE WOULD RESPECTFULLY REQUEST THAT YOU APPROVE THIS MINOR MODIFICATION.

>> THANK YOU. >> ANY QUESTIONS? SEEING NONE, IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM NUMBER SIX?

MR. MCENERY. >> JOE MCENERY, 1005 BLACKBERRY LANE. I LIVE TWO MILES FROM THIS PROPERTY AND I HAVE BEEN THERE 20 YEARS. I THINK IT IS A GOOD ADDITION. IT WILL IMPROVE THE TRAFFIC FLOW . I HAVE NOT READ A STAFF REPORT TO SEE IF THEY AGREE BUT CERTAINLY, ACCESS OFF OF ST. JOHNS PARKWAY AND RACETRACK ROAD WOULD SEEM TO BE BETTER THAN ALL ACCESS OFF OF RACETRACK ROAD. THIS SEEMS TO BE A LOGICAL CONNECTION. I WISH IT WAS A PARK BUT, SO BE IT. I THINK THIS WILL IMPROVE THE TRAFFIC CONDITIONS.

>> THANK YOU. >> THANK YOU, SIR, ANYONE ELSE HERE TO SPEAK ON ITEM NUMBER SIX? HEARING DONE, WE GO BACK

[7. CPA(SS) 2024-02 Arnold Family Legacy. Request for a Small-Scale Comprehensive Plan Amendment to change the Future Land Use Map designation of approximately 11.29 acres of land from Rural/Silviculture (R/S) to Residential-A (RES-A) with a text amendment limiting the property to a maximum of seven (7) residential parcels; property is located on unaddressed parcels located on the east end of Pine Island Road.]

[01:40:07]

TO THE AGENCY FOR A MOTION. MR. MATOVINA

>> I WILL MAKE A MOTION TO RECOMMEND APPROVAL OF MAJMOD 2024-03 4560 RACE TRACK ROAD PUD BASED UPON SIX FINDINGS OF FACT AS PROVIDED IN THE STAFF REPORT.

>> SECOND. >> ANY DISCUSSION? SEEING NONE, PLEASE REGISTER THE VOTE. THE MOTION PASSES. MOVING ONTO ITEM NUMBER SEVEN.

>> GOOD AFTERNOON. KAREN TAYLOR, 77 -- STREET AND WITH ME IS PETE ARNOLD AND HIS SON TIM. PETE IS MY EXPERT ON THIS SITE SO IF WE HAVE QUESTIONS OR ANYTHING, CHANCES ARE HE HAS BEEN INVOLVED. SO, THIS IS THE ARNOLD FAMILY LEGACY AND IT IS A SMALL SCALE COMP PLAN REQUEST. IT IS FOR A FAMILY PIECE OF PROPERTY AND THE REQUEST IS TO CHANGE THE LAND USE FROM RURAL/SILVICULTURE TO RESIDENTIAL-A. THE CHANGE FROM RURAL/SILVICULTURE TO RESIDENTIAL-A IS JUST TWO PARCELS AND IF WE ARE LOOKING, YOU CAN DEFINITELY SEE PINE ISLAND ROAD. IT IS PART OF SWEETWATER CREEK. IT IS 11 POINT 29 ACRES AT THE EASTERNMOST PORTION OF PINE ISLAND ROAD AND WAS PURCHASED IN THE 1940S. AGAIN, IT HAS BEEN IN THE FAMILY FOR QUITE SOME TIME. PROPERTY OWNERSHIP .

THE FAMILY OWNS THREE PARCELS AND I KNOW THAT HAS BEEN CONFUSING. THIS REQUEST IS FOR WHAT IS IN THE SOLID LINES.

THIS IS A PARCEL THEY ALSO ON THAT DOES NOT BORDER THIS. THE PARCEL TO THE WEST IS WEST OF THOSE TWO PARCELS AND SEPARATED BY WETLANDS AND ANOTHER PIECE OF PROPERTY SOLD OUT OF THE PROPERTY IN NUMBER OF YEARS AGO AND THE PARCEL THAT THEY STILL OWN IS ONE POINT EIGHT -- 1.8 ACRES. THEY ARE ALLOWED TO HAVE ONE HOME WITHOUT CHANGING THE LAND-USE SO WE LEFT THAT ONE OUT. THERE IS ALSO A PARCEL THAT LOOKS A LITTLE FUNNY IN HERE AND THAT WAS SOMETHING SOLD. THERE IS AN EASEMENT THAT WILL REMAIN A PART OF THIS AS WELL SO THEY DON'T ON THAT PARTICULAR LOT. AGAIN, TOGETHER, THE TWO DIFFERENT PARCELS , THE 6.06 AND THE 5.23, THEY HAVE ABOUT 1000 FEET FRONTAGE ON PINE ISLAND ROAD AND ABOUT 2000 FEET ON SWEETWATER CREEK. IT FALLS WITHIN THE DEEP CREEK STATE FOREST , THAT I DID NOT EVEN KNOW WAS THERE UNTIL I STARTED WORKING ON THIS. THERE IS A STATE FOREST THERE THAT IS A PRESERVED AREA. THE WATERFRONT IS PRETTY MUCH MARSH AND SMALLER CREEKS AND LEADS A THE SHORELINE WITH ELEVATIONS WITH PINE ISLAND ROAD BEING HIGHER THAN THE MARSH AREA. IT IS A HEAVILY VEGETATED PIECE OF PROPERTY AND THEY HAVE USED IT FOR YEARS. JUST TO PICNIC ON AND KAYAK FROM AND ALL OF THE DIFFERENT THINGS THAT FAMILIES DO. THE NORTH SIDE IS EAST OF US-1 AND DOWN TOWARDS THE END. THE STATE PARK IS HERE AND THE SWEETWATER CREEK THAT I POINTED OUT AND THE INTRACOASTAL WATERWAY. ALL OF THE DEVELOPMENT YOU SEE TO THE NORTH IS NOT, T AND THE SOUTH IS LAS COLINAS AND SOME OF POLLEN SEE A. -- NEXT TO PINE ISLAND ROAD AND THAT IS AT THE LOCATION OF THE SCHOOL . THERE IS ALSO A NEW FIRE STATION THAT

[01:45:04]

WAS CONSTRUCTED NOT THAT LONG AGO THAT IS AT US-1 AT THE BEGINNING AND AGAIN, THE SCHOOL IS PINE ISLAND ACADEMY. IT IS KIND OF SANDWICHED BETWEEN THOSE FAIRLY INTENSE DEVELOPMENTS. IT IS ON A SMALL ISOLATED PORTION OF THIS UNDEVELOPED LAND IN THIS AREA. THIS IT KEEPS IT FROM BEING A PLACE THAT GIVES IT THE PRIVACY THAT THEY LIKE AND THAT UNPAVED STABILIZED ROAD IS MAINTAINED BY ST. JOHNS COUNTY. THE CURRENT LAND USE, THAT IS THE RURAL/SILVICULTURE BUT THERE IS ALSO THE NEW TOWN, NOCATEE . THERE IS PARKS AND RECREATION, THE INTRACOASTAL WATERWAY AND THEN THERE IS A RURAL COMMERCIAL AT THE END OF THE ROAD HERE BEFORE YOU GET TO THE WATERFRONT AND THAT WAS PART OF WHERE THE FISH CAMP WAS THAT WAS RELATED TO THE COUNTY AT ONE POINT. THIS CHANGE WOULD JUST TAKE THIS PIECE AND CHANGE IT TO RESIDENTIAL-A. ZONING IS OPEN RURAL AND THERE IS NO PLAN TO CHANGE THAT. THEN WE HAVE PUD'S AND PRD AT THE END. I PUT THIS AS A DEVELOPMENT AREA BOUNDARY BECAUSE IT IS KIND OF INTERESTING THAT IT CREEPS RIGHT OUT OF THAT AND IT COMES AROUND THAT PARTICULAR AREA.

EVEN THOUGH THAT IS HOW THE DEVELOPMENT BOUNDARY IS DRAWN ON THE COMP PLAN. IT IS 11 POINT 29 ACRES AND IT REALLY, RS ALLOWS FOR AGRICULTURAL TIMBER TYPE THINGS AND IT DOES ALLOW FOR SINGLE-FAMILY AND ONE RESIDENCE PER PARCEL. RS REQUIRES 40 ACRES OR MORE OR A VESTED PIECE OF PROPERTY. THE ZONING IS OPEN RURAL AND YOU HAVE TO HAVE A MINIMUM OF ONE ACRE LOTS. I EXPLAINED THE THIRD PARCEL, BASICALLY, THAT IS WHY WE DON'T NEED TO KEEP THAT THERE. THERE IS VERY SIGNIFICANT DEVELOPMENT AROUND THIS AREA AS I POINTED OUT AND AGAIN, WE ARE PLANNING ON THE FRONTAGE TRAFFIC ON THE CREEK AND THAT WILL BE PROTECTED BY THE BUFFER IN THE COVE . IT WAS BOUGHT A LONG TIME AGO AND OVER THE YEARS, IT WAS PUT INTO FAMILY PARTNERSHIPS SO THE FAMILY PARTNERSHIP IS IN THE HANDS OF FOUR SIBLINGS AND THEY EACH WANT TO TAKE A PORTION OF THE PIECES OF PROPERTY AND HOPEFULLY PUT THEIR OWN HOMES OUT THERE SO, THAT IS WHERE WE CAME UP WITH THIS REQUEST THAT YOU ARE SINGING TODAY. AGAIN, THEY COULD, WITH THE RS CHANGE, THOSE TWO LOTS -- THOSE TWO PARCELS THAT WE ARE TALKING ABOUT COULD BE THAT DIVIDED ONCE EACH SO YOU COULD HAVE FOUR PARCELS BUT THERE IS A NON-ZONING VARIANCE REQUEST AND A TEXT AMENDMENT THAT YOU WILL SEE IN HERE TO ALLOW THAT TO BE SEVEN PARCELS. AGAIN, WE CHOSE THE RES-A BECAUSE WE DID NOT THINK IT WOULD BE APPROPRIATE FOR ANYTHING ELSE IN THE AREA.

YOU CANNOT MOVE THIS PIECE OF PROPERTY. IT IS NOT YOUR TYPICAL TYPE OF DEVELOPMENT. THERE IS A LOT OF OTHER HIGHER DEVELOPMENT AND THIS IS AN OPPORTUNITY TO KEEP THIS RURAL SO WE FEE FEEL IT IS VERY APPROPRIATE FOR THE LOW DENSITY DIVISION. THIS SHOWS YOU THE PARCELS. THE TWO DIFFERENT PARCELS -- AND WE KIND OF GIVE YOU THAT INFORMATION. IT

[01:50:01]

DEMONSTRATES THE 50 FOOT BUFFER REQUIRED BY THE COUNTY. THE LAND ELEVATION START AT ABOUT 5 FEET AT THE CREEK AND THEN THEY GO UP TO ABOUT 12-13 FEET AT PINE ISLAND ROAD. YOU CAN SEE WITH THE FLOOD MAPS HOW THAT WORKS. IT IS ALL VEGETATIVE AND THERE ARE NO IMPROVEMENTS. THIS IS THE PROPOSED DIVISION AND THIS IS NOT SOMETHING YOU WOULD BE VOTING ON TODAY EXCEPT THE OPPORTUNITY AND THE TEXT AMENDMENT TO BE ABLE TO DO THIS. WATER AND SEWER DOES NOT EXTEND OUT THIS FAR. WITH THE FIRE SERVICE THEY WILL BE REQUIRED TO HAVE WELLS WITH AUTOMATIC FIRE SPRINKLER SYSTEMS IN EACH UNIT AND THEY HAVE AGREED TO DO THAT. THERE WAS SOME ENVIRONMENTAL WORK DONE AND THERE WERE CONCERNS WITH BACK-AND-FORTH WITH THE DEPARTMENT. THERE WAS -- LOCATED ON AN AN ADJACENT PIECE OF PROPERTY. THERE IS AN OPPORTUNITY FOR THAT TO HAPPEN BUT WHEN WE TALK WITH THEM WE ALSO EXPLAINED, BASICALLY, IN THAT SITUATION WE WOULD BE BETTER TO DO THAT LOT BY LOT AS THEY COME IN RATHER THAN DO IT NOW WHERE SOMEBODY 10 YEARS FROM NOW GOES TO BUILD A HOUSE AND THINGS COULD CHANGE AND IT COULD BE THERE OR NOT. SO, THEY WOULD STILL HAVE TO GO THROUGH THE SAME REQUIREMENTS THAT EVERYBODY ELSE WOULD WHEN THEY BRING IN A PARCEL TO PUT A HOUSE ON. HERE IS A COPY OF THE MAP AND IT SHOWS YOU BASICALLY THE PRIMARY IS THE TEMPERATE HARDWOOD AREA AND THEN YOU HAVE THE SALTWATER MARSH AREA ALONG THE EDGES. THAT IS ALSO, THIS OTHER SITE ALSO ENDS UP BEING THE SAME BASIC WAY. THIS IS A FLOOD ZONE MAP AND IT IS IN THE APPLICATION BUT IT DOES KIND OF SHOW YOU, IN RELATION TO THE OTHER PROPERTIES THAT ARE DEVELOPED, WE ARE THE SAME. WE ARE OUT OF THE FLOOD ZONE HERE AND THEY CALL THIS A SECONDARY RANGE AND THEN, OF COURSE, YOU DO HAVE THE WATERFRONT AREA. IT SHOWS YOU THAT SAME ELEVATION CHANGE AS WELL. ALSO INCLUDED, THE STORM SURGE AREA SHOWS YOU THE SAME THING. EVEN THOUGH THIS PROPERTY HAS BEEN HERE FOR YEARS UNDISTURBED, IT IS ACTUALLY CONSISTENT WITH WHAT IS DONE IN SOME OF THE NEWER DEVELOPMENTS IN THE LAST 15 OR 20 YEARS. MAYBE. JUST SOME PICTURES IF YOU DID NOT GET A CHANCE TO LOOK. THIS IS LOOKING EAST AND THE PROPERTY IS TO THE LEFT. THIS IS A SUMMERTIME PICTURE. I PULLED THIS OUT OF SOMETHING ELSE JUST TO SHOW YOU THE VEGETATION. THIS IS JUST AN INTERIOR ONE . COUPLE OF MY PHOTOGRAPHS COME FROM THE ARCHAEOLOGICAL STUDY DONE ON THE SITE. I REALIZE THAT WAS NOT IN YOUR PACKAGE SO I THOUGHT I SHOULD INCLUDE SOMETHING ABOUT THAT JUST TO GIVE YOU A VIEW FROM THE WATERFRONT LOOKING AT THE MARSH TO THE NORTH AND WHEN THEY WERE OUT DOING THE ARCHAEOLOGICAL WORK YOU COULD SEE THAT VEGETATIVE LINE IS PRETTY STABLE. SO THAT IS JUST SWEETWATER CREEK . THIS IS THE BEGINNING OF THE UNPAVED PORTION AND THIS IS WHERE THE CROSS WATERPARK WAY AND PINE ISLAND ROAD INTERSECTION, WHICH LOOK LIKE A DIFFERENT AREA. THAT IS THE PINE ISLAND ACADEMY ACROSS THE ROAD FROM THAT SO THAT IS THAT PARTICULAR INTERSECTION THAT I POINTED OUT EARLIER. THESE ARE HOMES BEING CONSTRUCTED IN NOCATEE ON THE NORTH SIDE OF PINE ISLAND BEFORE -- PART OF IT IS DEVELOPED BEFORE THE PAVED AND THEN WHEN IT COMES UNPAVED. THAT IS THE SCHOOL SIDE LOOKING DOWN TOWARDS WHERE THE PAVEMENT IS. AGAIN, YOU CAN KIND OF SEE WHERE THAT IS STABILIZED. SO, WE ARE BACK IN THE WOODS, WHICH

[01:55:08]

IS WHERE THEY WANT TO BE AND THEY WANT TO DO THIS. SO, REALLY, OUR JUSTIFICATION IS THIS HIS FAMILY OWNERSHIP AND THIS IS SOMETHING THAT THEY WANT TO BE ABLE TO DIVIDE AND KEEP IT IN THE RURAL TYPE THING. THEY DON'T WANT TO SELL IT OFF TO ANYBODY FOR LOTS OF LOTS OR ANYTHING LIKE THAT THEY ARE IN CLOSE PROXIMITY TO OTHER APPROVED RESIDENTIAL DEVELOPMENT FACILITIES AND IT IS NOT LIKE THEY HAVE TO GO A LONG WAY AND THEY CAN EASILY GET TO THE COMMERCIAL ACTIVITIES IN CODE NOCATEE . IT IS RIGHT OUTSIDE THE DEVELOPMENT AREA BUT IT IS RELATED TO IT AND HAS ACCESS TO THE SCHOOLS AND, AGAIN, IT IS KIND OF A AND AREA THAT CAN'T BE -- DEVELOPMENT AREA THAT CAN'T BE MOVED. OUR REQUEST IS TO CHANGE IT FROM R/S TO RES-A . IT WOULD ALLOW FOR UP TO HER -- UP TO 10 AND WE ARE PROVIDING AN AMENDMENT FOR SEVEN AND THE REASON IT IS SEVEN, EVEN THOUGH THERE ARE FOUR. IT ALLOWS FOR THE SAME USE AS WHAT IS ALLOWED RIGHT NOW. WITH THAT WE REQUEST A RECOMMENDATION FOR APPROVAL.

PETE IS WITH ME AND HE IS THE EXPERT.

>> ANY QUESTIONS? MISS SPIEGEL.

>> COULD I SPEAK TO PETE? >> MY NAME IS PETE ARNOLD .

>> IT IS NICE TO MEET YOU. I HAVE WALKED YOUR PROPERTY AND SO FAR I HAVE NOT FOUND ANY TICS BUT THOSE YELLOW FLIES ARE NASTY. I GUESS YOU GREW UP WITH THIS.

>> THEY LIKE YOUR BLOOD BETTER THAN MINE I GUESS.

>> THEY WERE CERTAINLY FEISTY. IT IS A BEAUTIFUL PROPERTY. I LIKE THE IDEA OF LEGACY AND THE IDEA OF PRESERVING WHAT YOU HAVE GROWN UP WITH ALL OF THESE YEARS. THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO WALK AROUND AND IMAGINE WHAT IT MUST HAVE BEEN LIKE GROWING UP THERE. I THINK IT IS GREAT THAT YOU WANT TO PASS THIS ON TO YOUR CHILDREN. I DO WANT TO ASK YOU A QUESTION. I WAS STUCK AT NO TRESPASSING SIGNS IN THE MIDDLE OF THE ROADS. YOU KNOW WHY THEY WERE PUT UP?

>> THE NO TRESPASSING SIGNS? THAT ARE ON EITHER SIDE? OR THE

PRIVATE DRIVE? >> IT SAYS NO TRESPASSING ON THE DIRT ROAD BEFORE WE GET TO YOUR PROPERTY, BEFORE THE

MAILBOX PROPERTY. >> WE HAVE NO TRESPASSING SIGNS ON SOME TREES AS YOU WERE GOING THROUGH . WHERE THE CREEK GOES UNDERNEATH THE ROAD THERE ARE TWO PRIVATE DRIVE SIGNS AND THEN THERE IS A SIGN THAT CAME FROM THINK IT WAS THE COUNTY SHERIFF. AND, TO BE HONEST WITH YOU, THEY JUST SHOWED UP ONE DAY. I'M SURE SOMEBODY ON THE ROAD MIGHT KNOW BUT, IT IS LETTING YOU KNOW I GUESS, THAT IT IS PRIVATE PROPERTY. THE ROAD IS NOT PRIVATE. WE HAVE HAD , ESPECIALLY SINCE THE NEW DEVELOPMENT, CONTINUOUS PEOPLE COMING DOWN. WHETHER IT IS LANDSCAPE COMPANIES OR PEOPLE DUMPING ON THE PROPERTY. THAT IS WHY WE HAVE CHAINS ACROSS. I GO OUT THERE. I WORK AT INTERNATIONAL GOLF AT 95 SO I GO OUT THERE ONCE OR TWICE A WEEK. IT IS MY HAPPY PLACE. BUT IT IS A CONTINUOUS PROBLEM.

EVEN AFTER THE SIDES CAME UP. I KNOW SOME OF THE RESIDENCE THAT HAVE BEEN THERE, I BELIEVE THERE HAS BEEN A PUSH ON

[02:00:01]

GETTING SOME SIGNAGE THERE BECAUSE BETWEEN EXCESSIVE TRAFFIC, JUST OUT OF CURIOSITY, SOME OF THE RESIDENCE, THEY WANT MORE PRIVACY PERSONALLY. AND IT IS A PUBLIC ROAD.

>> OKAY. IT IS A DIRT ROAD AND THERE IS A WASHBOARD BUT, AS I WAS LEAVING, THE ROAD WAS BEING GREETED BY THE COUNTY. SO, EVIDENTLY THEY COME OUT AND KEEP THE ROAD IN GOOD SHAPE?

>> THEY DO. OBVIOUSLY, THOSE SIGNS PROBABLY DON'T PERTAIN TO THE ROAD BUT MORE TO THE WOODS AND MAYBE THAT ISWHERE MY CONFUSION WAS. THANK YOU FOR THE OPPORTUNITY. I LIKE FAMILY AND I LIKE THAT YOU HAVE TALKED WITH YOUR NEIGHBORS AND PEOPLE SEEM TO BE ON BOARD. THANK YOU.

>> DR. HILSENBECK >> I DROVE OUT AND LOOKED AT THE PROPERTY AND IT REALLY IS SPECTACULAR. IT IS REALLY NICE.

IT IS THE TYPE OF HABITAT I WOULD LIKE TO LIVE IN MYSELF. I AM CURIOUS, AND THIS IS REALLY FOR KAREN, CONGRATULATIONS ON OWNING THAT PROPERTY. I DON'T REALLY HAVE AN ISSUE WITH THE REQUEST BUT I AM CURIOUS AS TO WHY YOUR ENVIRONMENTAL CONSULTANT DECIDED TO USE FLUX CODES TO THIS JUST DESCRIBE THE VEGETATION RATHER THAN GO WITH THE NATURAL AREA COMMUNITY CLASSIFICATION, WHICH INCLUDES THINGS LIKE MARITIME --. OF THESE SIX SOURCE 6 1/2 SIGNIFICANT NATURAL COMMUNITIES WITHIN ST. JOHN'S COUNTY THAT ARE RECOGNIZED BY THE COUNTY COMMISSION OR IN THE LDC, THOSE ARE FLORIDA NATURAL AREAS. THEY DON'T GO BY FLUX CODES AND THE FLUX CODE IS TEMPERATE HARDWOOD. IT IS DOUBTFUL THAT WE HAVE MANY TEMPERATE HARDWOOD FORESTS. I CAN SHOW YOU WHAT FLORIDA NATURAL AREA WOULD CALL THIS TO BE CONSISTENT WITH WHAT THE COUNTY RECOGNIZES. I WOULD CALL THIS A MARITIME HAMMOCK AND THAT IS ONE OF THE SIX SIGNIFICANT . I WISH CARTER WAS HERE.

>> I CAN'T REALLY ADDRESS WHY THEY WOULD DO A DIFFERENT ONE.

>> IT SEEMS DISINGENUOUS TO USE FLUX CODES WHEN WE ARE LOOKING AT THE COMMUNITY TYPES. IT IS A MARITIME HAMMOCK IN MY OPINION.

I DID PARK OUT THERE AND LOOK AT IT FOR A WHILE FROM THE ROAD

AND IT IS REALLY NICE. >> I WILL DEFINITELY MENTION IT TO HIM. MAYBE THEY CAN MAKE SOME ALTERATIONS BEFORE IT GETS

TO THE COMMITTEE. >> ACROSS THE ROAD, IT SEEMED A BIT MORE HIGH PINE AND FLATWOODS IN THERE SO, THE SOIL

SEEMS TO CHANGE A LITTLE BIT. >> PROBABLY NOT THAT, AS WE KNOW -- THEY DO CROSS THE ROAD SOMETIMES.

>> THEY DO WALK ACROSS THERE. LOOKING FOR SOMETHING DEEP.

THERE IS NOT A LOT TO EAT ON ONE SIDE. IT HAS TOO DENSE OF A CANOPY. THE REASON THAT I BRING UP MARITIME HAMMOCK IS THERE HAS TO BE A 10% SET-ASIDE ON THE MOMENTS OVER 10 ACRES. I DON'T KNOW IF YOUR 50 FOOT BUFFER ALONG THE SALTMARSH COVERS THAT 10% BUT, IT IS SUCH NICE PROPERTY THAT I HOPE THEY WOULD BE SENSITIVE IN THEIR DEVELOPMENT AND LEAVE AS MANY TREES AS POSSIBLE. IT IS GREAT PROPERTY. SO, I WAS CURIOUS, WAS THERE A TREE SURVEY DONE? I DID NOT SEE THAT.

>> NO. >> THERE WASN'T AND WE KIND OF THOUGHT THAT WOULD BE MORE APPROPRIATE TO DO. RATHER THAN KIND OF FIGURE OUT BUT, I CAN LET PETE TALK BECAUSE PART OF

[02:05:09]

THEIR THING IS WANTING TO KEEP IT AS MUCH LIKE IT IS. THAT DOESN'T MEAN -- I CAN'T GUARANTEE THAT FOR YEARS AND YEARS BUT, THEY WOULD WANT TO BE ABLE TO KEEP THE TREES. JUST AN ENTRANCE DRIVEWAY INTO THAT KIND OF THING. IT DOES COME THROUGH THE COUNTY REQUIREMENTS FOR A PARCEL SO, NOT NECESSARILY FOR THE PRESERVATION BECAUSE EACH ONE WILL BE THAT. BUT, THAT 50 FEET, THAT SHOULD COVER THAT EASILY. THEY DON'T WANT THEM RIGHT UP AGAINST THE ROAD

EITHER. >> THERE IS A NEW HOUSE BEING BUILT WITH A BURN ON THE SOUTH SIDE AND THEY WERE FAIRLY SENSITIVE TO THE SURROUNDING VEGETATION SO THAT WAS NICE.

BUT, GOOD. CONGRATULATIONS ON OWNING THIS PROPERTY. IT IS

REALLY PRETTY. >> ANY OTHER QUESTIONS? SEEING

[8. PUD 2023-26 301 North Roscoe Restaurant. Request to rezone approximately 1.34 acres of land from Commercial, Highway and Tourist (CHT) to Planned Unit Development (PUD) to allow for a maximum 10,000 square feet of restaurant space, consistent with the allowed Neighborhood Commercial uses within the Residential-A (RES-A) Comprehensive Plan Future Land Use Map designation, specifically located at 301 North Roscoe Blvd.]

NONE, IS THERE ANYONE ELSE IN THE AUDIENCE HERE TO SPEAK ON ITEM NUMBER SEVEN. BACK TO THE AGENCY FOR A MOTION. MR.

MATOVINA. >> I WILL MAKE A MOTION TO RECOMMEND APPROVAL OF CPA(SS) 2024-02 ARNOLD FAMILY LEGACY BASED UPON FOUR (4) FINDINGS OF FACT AS PROVIDED IN THE STAFF

REPORT. >> SECOND.

>> WE HAVE A MOTION AND A SECOND. PLEASE REGISTER THE VOTE. THE MOTION PASSES. ONTO ITEM NUMBER EIGHT. ANY EX

PARTE? >> I HAD A PHONE CONVERSATION THIS MORNING WITH MR. WESTER TO REVIEW DETAILS IN THE

APPLICATION. >> I HAD A PHONE CALL WITH MR.

WESTER THIS MORNING . >> WE DID GET THE EMAIL FROM

THE NEIGHBORS. >> YES.

>> OKAY. MR. WESTER . >> BRAD WESTER, DRIVER MCAFEE HAWTHORNE & DIEBENOW . THE APPLICANT AGENT. I DO JUST WANT TO CLARIFY, AS I WILL BE TALKING ABOUT THE FLUX CODES TOO. THOSE ARE THE FLORIDA LAND USE CLASSIFICATION. THIS IS WHAT SWC AND THE WATER MANAGEMENT DISTRICTS USE. IT IS KIND OF A STANDARD CLASSIFICATION.

>> YOU DON'T HAVE ANY ON YOUR PROPERTY.

>> I DO HAVE A MAP THAT HAS FLUX CODES. THIS IS FOR THE 301 NORTH ROSCOE RESTAURANT AND IT IS PUD 2023-26. THIS IS TO REPLACE LULUS ALONG THE INTERCOASTAL WATERWAY. THE EXISTING ZONING IS COMMERCIAL OR COMMERCIAL HIGHWAY TOURIST AND THE FUTURE LAND USE IS RESIDENTIAL-A. -- TO ALLOWED THROUGH --. THIS IS 1.3 ACRES ON THE SIDE. THERE ARE TWO WAIVERS REQUESTED IN THIS PUD. THE FIRST IS AN OVERLAY WAIVER IN THE PALM VALLEY OVERLAY AND IT IS FOR SITES THAT ADJOIN A RESIDENTIAL USE FOR TWO SETBACKS INTO A SINGLE FORM AND I WILL EXPLAIN THAT THROUGH THE EXAMPLES HERE IN A MINUTE. THIS WAS APPROVED BY THE PALM VALLEY AIR SEE UNANIMOUSLY. THE NEXT WAIVER IS 60501 AND THAT IS FOR THE INTERNAL DRIVE. TO MAINTAIN THE 20 FOOT BUFFER ON THE NORTH SIDE OF THE PROPERTY LINE AND THE FIRE MARSHAL HAS APPROVED THAT. WE DID SEEK A CONFIRMATION LETTER BACK IN JUNE 2023 FOR THE LAND-USE ZONING ON THE STATUS OF THE RESTAURANT AND FROM THAT POINT WE STARTED MOVING FORWARD. WE DID MEET WITH NEIGHBORING PROPERTIES AT LEAST THREE TIMES. TO SHARE CONCEPTS AND IDEAS AND LEARN ABOUT THEIR ISSUES KNOWING THAT THE LULU'S WATERFRONT GRILL EXISTED THERE A NUMBER OF YEARS. THE APPLICATION WAS SUBMITTED ON OCTOBER 2023 SO WE MET WITH THE OWNERS. AND THE PALM VALLEY -- AND WE DID ALSO SEND OUT

[02:10:09]

ADDITIONAL FLYERS SENT OUT TO PROPERTY OWNERS IN ADDITION TO WHAT THE COUNTY SENDS OUT. HERE IS THE LOCATION ON NORTH ROSCOE ON THE INTERCOASTAL WATERWAY. WITH THE OVERLYING LAND-USE AS RESIDENTIAL-A. WE HAVE STREAMS AND WATERWAYS AND THAT IS THE SMALL PORTION OF THE INTERCOASTAL WATERWAY THEN WE HAVE THE COMMERCIAL SERVICE URBAN LAND DEVELOPMENT ON THE PROPERTY AS IT HAS BEEN DEVELOPED SINCE 1971. THIS IS A SURVEY OF THE CURRENT CONDITIONS OF THE SURVEY. THE REASON I AM SHOWING THESE HIGHLIGHTED ITEMS IS IN CONCERT WITH THE PROPERTY AND COMPATIBILITY WITH THE NEIGHBORING PROPERTY. YOU CAN SEE THE METAL SHED ON THE PROPERTY LINE AND THE PARKING SPACES WITHIN 5-10 FEET OF THE PROPERTY EDGE. ANOTHER FRIENDS. THE PROPANE TANK AND YOU SEE THE WOODSHED THERE . THE INTERCOASTAL WATERWAY IS BUILT WITH DOCKAGE SPACE SO YOU CAN SEE HOW IT TRAVERSES UNEVENLY AND THEN THE DIFFERENT STRUCTURES IN BUSINESSES THAT HAVE GROWN OVER SINCE 1971, INCLUDING THE RESTROOM FACILITY NORTH OF THE MAIN PROPERTY BUILDING. THIS IS GENERALLY THE BANDSTAND OUTDOOR GATHERING. WITH THAT, ALL OF THE SOUND BOUNCES BACK TO THE RESIDENCE ON THE NORTH. ANYBODY THAT HAS BEEN TO LULU'S WATERFRONT GRILL CAN ATTEST TO THAT. YOU CAN SEE ALL OF THE THINGS THAT I POINTED OUT ON THE SURVEY, THE PARKING, THE SHED THAT IS OVER THE PROPERTY LINE, THE MAIN GATHERING AREA OF THE OUTDOOR RESIDENCE -- RESTAURANT PATRONS AND THAT IS WHERE THEY WOULD HAVE BANDS AND OUTDOOR MUSIC. THE OTHER THING TO CONSIDER IS THIS PROPERTY IS ORIENTED WITH THE LINE OF THE RIFFRAFF SO WHAT IS ORIENTED AND TURNED TOWARDS THE NORTH PROPERTY LINE. THIS IS OUR CURRENT SITE PLAN SO IT IS SHOWING THE USES AS THEY WOULD BE DEVELOPED WITH THE PARKING IN THE STORM WATER. ONE OF THE VARIANCE, ONE OF THE WAIVERS WE REQUESTED WAS FOR HEIGHT. THE CODE DOES NOT SPECIFY THAT BEING IN ONE BUILDING SO WE HAVE A STANDOFF REQUIREMENT OF 30 FEET AND 50 FEET . THE WAY THAT IS PLAYED OUT HERE IS ANY BUILDING THAT IS UP TO 20 FEET HIGH, YOU HAVE TO BE 30 FEET BACK FROM THE RESIDENTIAL PROPERTY AND ANY THAT IS ABOVE 20 FEET HIGH, YOU HAVE TO BE 50 FEET BACK. THIS IS INTEGRATED INTO ONE BUILDING AND WE STILL MEET THE HEIGHT AND THE SEPARATION DISTANCES OF THE VARYING HEIGHTS AND STAFF FELT IT WAS BEST TO APPLY FOR THE WAIVER BECAUSE THERE IS NOTHING THAT IS REALLY CLARIFIED IN THE CODE THAT INTEGRATES THAT INTO ONE BUILDING MASS. SO IF WE SPLIT THE BUILDINGS UP WE WOULD NOT NEED A WAIVER. HERE IS THE LANDSCAPE CODE AND THIS IS A REQUIREMENT OF THE PINE VALLEY OVERLAY. THROUGH PROGRAMMING WITH THE NEIGHBORS WE HAVE DEACTIVATED THE NORTH SIDE OF THE PROPERTY LINE AND WE HAVE ADDED MANY BUFFERS AND WE HAVE ADDED STORM WATER IN THAT AREA AND WE HAVE TURNED OUR BACK TO THE NORTHERN PROPERTY LINE AND DEACTIVATED THAT AREA. I WILL GO MORE INTO THAT WITH THE ARCHITECTURAL ELEMENTS. I HAVE MY LANDSCAPE ARCHITECT. IF I CAN'T ANSWER ANYTHING I WOULD LIKE TO HAVE THOSE TASKS EXPERTS UP AS WELL. THIS IS AN OVERLY SURVEY THAT SHOWS THE CURRENT LULU'S WATERFRONT GRILL IMPROVEMENTS. INCLUDING THE SHED, THE PARKING, THE PETROLEUM TANK . THEN, THE GRAY IS THE NEW PROPOSAL FOR THE NEW WATERFRONT RESTAURANT. YOU CAN SEE HOW IT IS ANGLED TOWARDS THE NORTHERN PROPERTY LINE AND YOU CAN SEE IN THIS AREA, WHERE THE PATRONS GATHERED, WHERE THEY HAD A BAND SHOW, HOW THAT NOISE COULD BE PROJECTED TO THE NORTH. THIS IS AN ARCHITECTURAL VERSION OF THE SITE PLAN SO THIS MARRIES UP WITH THE CODIFIED ELEMENTS OF THE MASS.

THIS HAS BEEN HERE AT LEAST 30 YEARS, IT IS THERE FROM 1999 ON. SO, WE ARE PLANNING TO KEEP THE SAME DOCK CONFIGURATION BUT EVERYTHING ELSE WILL BE RETOLD AND REDESIGNED. THESE ELEVATIONS AND THE ARCHITECTURE WAS IMPROVED IN 2024 IN THE

[02:15:05]

SHOWS THE CHARACTER OF THE PROPERTIES SPLIT AND WE HAVE PROVIDED A BREEZEWAY AND A PASS-THROUGH. WE HAVE TURNED OUR BACK ON THE PROPERTY TO THE NORTH SO WHERE THE POINTER IS, THIS IS THE NORTH PART OF THE PROPERTY AND WE HAVE STOPPED THE BUILDING BACK AND I WILL EXPLAIN THAT IN JUST A MINUTE.

YOU CAN SEE IT THERE WITH THE LIKENESS AND COLORATION AND HOW WE STEPPED AWAY FROM THE PROPERTY LINE. THIS IS THE WEST ELEVATION FROM THE INTERCOASTAL SIDE AND HERE IT IS IN RENDERED FORM. THIS IS THE NORTH ELEVATION SO THIS IS THE ELEVATION THAT FACES THE RESIDENTIAL PROPERTY TO THE NORTH. WHAT WE HAVE DONE IS DEACTIVATED THIS AREA SO THERE ARE NO PATRONS, NO WALKING, NO WINDOWS. NO DOORS, NO PASS-THROUGH . EVERYTHING HAS BEEN DEACTIVATED . THIS IS THE SOUTH ELEVATION THAT FACES THE OTHER EXISTING RESTAURANT WITH THE PALM VALLEY FISH CAMP AND THAT IS WHERE THE SERVICE AREA IS. YOU CAN SEE THAT IN RENDERED FORM AND THIS IS MORE OF AN AERIAL PERSPECTIVE SHOWING THE POND, THE PARKING.

HERE, YOU CAN SEE THE NORTHERN HALF IN CONCERT WITH THE REQUIREMENT , BASED ON THE SETBACKS AND THE HEIGHT VARIATIONS OF THE ROOF. SAME DOCK AND CONFIGURATION BUT WE HAVE ADDED LANDSCAPING AND THIS IS PUT INTO THE CODE LANDSCAPE PLAN AND THEN WE HAVE THE ADDED -- THE VISUAL SCREEN BUFFER.

HERE IS SOME MORE RENDERINGS OF THE ENTRYWAY AND MORE INTIMATE SETTINGS PROGRAMMED INTO THE INTERIOR SPACES. AND THEN AT NIGHT, IT IS HIGH QUALITY AMBIENT LIGHTING . ON THE BACKSIDE THIS IS FROM THE INTERCOASTAL WATERWAY. NO POINT SOURCE LIGHTING EXCEPT FOR THE INTERIOR. YOU CAN SEE NO HEAVY LIGHTING AND WE ACTUALLY EXCEED THE LIKE CODE REQUIREMENTS AND I WILL EXPLAIN THAT IN JUST A MINUTE. THE ARCHITECTURAL ORIENTATION PURPOSE IS TO BE STEPPED AWAY IN CONJUNCTION WITH THE REQUIRED SETBACK. FOR BEARING ROOF FIGHTS INTEGRATED INTO ONE BUILDING, WHICH MEETS THE SPIRIT AND THE INTENT OF THE CODE, AND I WILL EXPLAIN THAT MORE HERE. 30 FEET BACK ON THE BOTTOM LEVEL AND THEN THE A HIGHER POINT ROOF IS A 50 FEET SETBACK. IT IS HIGHLIGHTED WITH THE VARIOUS SETBACK FROM THE ROOF AND I'VE HIGHLIGHTED THIS AREA IN YELLOW. THE METRIC IS 20 FEET AND ANYTHING UP TO 20 FEET MUST BE 30 FEET BACK SO WE DON'T GET TO 30 FEET HIGH TOLD THE SETBACK. THIS IS JUST ONE POINT OR PEAK OF ROOF AND NOT A LONG LINEAR PEEK ACROSS THE RESIDENTIAL LINE. THE OTHER WAIVER WAS A REDUCTION , WHICH IS AN EXCEPT A TOLERANCE. THIS WAIVER IS A MINIMAL VARIATION AND PROVIDES COME LINES WITH THE PALM VALLEY OVERLAY AND OCCLUDES AND PROTECTS THE BUFFER SCREENING ABUTTING THE PROPERTY TO THE NORTH. THIS DOES MEET FIRE DEPARTMENT ACCESS. THAT DIAGRAM IS AN AUTO CAD ENGINEERING WHERE THE FIRE DEPARTMENT -- FIRE DEPARTMENT SEES IF IT WORKS AND THEY HAVE SIGNED OFF ON THAT. WE ARE EXEMPT FROM CONCURRENCY AND THAT IS NOTED AND THE LINK ON THE ROSCOE, WHICH IS THE TRAFFIC LINK IS OPERATING AT 72.2% AND IT IS OPERATING AT A LEVEL OF OKAY. OUR FINE DINING RESTAURANT IS PROJECTED TO GENERATE 78% TRIPS. WE ACTUALLY EXCEED THE FOOTCANDLES STANDARD SO IT IS REDUCED DOWN TO 0.0 AND 0.1, GENERALLY ACROSS THE NORTHERN PROPERTY LINE AND THE METRIC IS 0.3. EXISTING ZONING IS COMMERCIAL, HIGHWAY, AND TOURIST. THE CUSTOMARY USE HAS BEEN RESTAURANT. THE NEIGHBORHOOD COMMERCIAL USES

[02:20:01]

ARE ALLOWED AT AN APPROPRIATE SIZE AND SCALE ON THE OVERLAY SECTION AND ALLOWS JOSH THE PUD RESTRICTED TO 10,000 SQUARE FEET TOTAL. THE OVERLAY SAYS YOU CAN DO -- THE TYPE OF USE SIZE, HEIGHT MASS AND SCALE ARE COMPATIBLE WITH THE AREA AND THEY ARE COMPRISED OF RESIDENTIAL AND CHURCH PROPERTIES. OTHER ARE USE AN RESIDENTIAL LOTS. THEY MAY OCCUPY MORE SQUARE FOOTAGE SO EACH RESIDENTIAL HOME COULD BE UP TO 10,000 SQUARE FEET FOR A TOTAL OF 20,000 SQUARE FEET WITH TWO DRIVEWAYS AND 2.US. THE ROSCOE BOULEVARD NORTH TRAFFIC IS OPERATING OKAY AND POLICY A1 311 DOES NOT MEET THE SAME. IMPLEMENTING INNOVATIVE ELEMENTS LIKE ARCHITECTURE AND DESIGN. WE ARE DOING A BETTERMENT PROGRAM COMPARED TO THE OLD LULU'S AND THE OLD ORIENTATION. THE PURPOSE OF THIS IS TO REDEVELOP THE LULU'S WATERFRONT GRILL PROPERTY AND STRUCTURES. IT IS CIRCA 1971 AND KEEPING WITH THE CUSTOMARY NEIGHBORHOOD USE AND WATERFRONT ACCESS. THERE IS A BREEZEWAY IN BETWEEN THEM TO BREAK OUT THE VISTA FROM EAST TO WEST. ALONG WITH THE PROPERTY STEPPED AWAY TO THE NORTH. THE PROPERTY IS IN A PRIME LOCATION ALONG THE ICW AND COULD BENEFIT THE COUNTRY BY SERVING SURROUNDING NEIGHBORHOODS AND RESIDENTS IN KEEPING WITH ITS CUSTOMARY RESTAURANT USE WITH WATERFRONT ACCESS ALONG WITH HIGH QUALITY ASCETICS AND ARCHITECTURAL CHARACTERISTICS AND STANDARDS.

WITH THAT, THANK YOU VERY MUCH. EXPECT QUESTIONS? DR.

HILSENBECK. >> IT'S NOT REALLY A QUESTION.

I WANT TO CONGRATULATE YOUR ARCHITECTURE. IT LOOKS LIKE A

FABULOUS PLAN. >> THANK YOU. WE TOOK INTO CONSIDERATION NORTHERN PROPERTY RESIDENTS AND WE HAVE BEEN VERY CORDIAL AND THEY HAVE BEEN REALLY NICE TO MEET WITH. I KNOW THEY WILL GET UP AND SPEAK TODAY AND SO, WE TOOK ALL OF THEIR CONSIDERATIONS TO HEART AND BUILT THAT INTO THE DESIGN AND THE ARCHITECTURE TO STEP AWAY FROM THE PROPERTY LINE.

THE FIRST ITERATION HAD THE DRIVEWAY CLOSER TO THEIR RESIDENCE AND WE MOVED IT BACK TO IT -- IT'S CURRENT

LOCATION. >> YOU MIGHT HAVE TO CHANGE YOUR FIRST NAME TO ROSCOE BECAUSE YOU HAVE HAD A LOT OF

ITEMS. >> FOR YOU, DR. HILSENBECK, I

MAY CONSIDER THAT . >> MISS SPIEGEL.

>> YES, I ALSO APPRECIATE YOUR EFFORTS. IT REALLY SOUNDS LIKE YOU HAVE DONE SOME REMARKABLE RENOVATIONS. YOU ARE KIND OF THE POSTER CHILD FOR INNOVATIVE ELEMENTS. I APPRECIATE THAT VERY MUCH. IT SEEMS TO ME, WHEN I LOOK AT PROJECTS, I ALWAYS WANT TO SEE HOW IT BENEFITS THE COUNTY AND IF IT IS AN IMPROVEMENT OR NOT. I WAS OUT THERE AND THIS IS A BIG IMPROVEMENT. THIS LOOKS LIKE A REALLY NICE RESTAURANT AND A REALLY NICE LOCATION. I KNOW THAT THE RESIDENTS TO THE NORTH WILL PROBABLY GET UP AND SPEAK BUT I IMAGINE THEY PROBABLY HAD SOME HAIR-RAISING EXPERIENCES WITH THE PREVIOUS RESTAURANT THERE. I WAS JUST TRYING TO IMAGINE WHAT IT MUST HAVE BEEN LIKE IN THIS REALLY DOES LOOK LIKE AN IMPROVEMENT AND I JUST WANT TO APPLAUD YOU FOR BEING SO THOUGHTFUL AND CAREFUL AND TRYING TO BE A GOOD NEIGHBOR. VERY IMPORTANT.

>> ANY OTHER QUESTIONS? SEEING NONE, IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM EIGHT?

>> WHILE THEY ARE COMING UP THERE IS AN ATTORNEY REPRESENTING ONE OF THE NEIGHBORS THAT IS IN TRAFFIC AND ON THE WAY HERE. HE WAS IN A HEARING IN ST. AUGUSTINE. I WANT TO LET THE PUBLIC COME IN AND TALK TO WITH THE BOARD TO KNOW HE IS ON THE WAY AND TRYING TO GET HERE.

>> MY NAME IS ERIC AIKEN BERGER AND WE ARE THE NORTH NEIGHBORS.

OUR PRIMARY CONCERNS REALLY COME DOWN TO THREE ITEMS. ONE

[02:25:01]

IS TRAFFIC AND TRAFFIC ON THAT 35 MILES PER HOUR ROAD IS NOT INCONSEQUENTIAL. TWO OR THREE WEEKS AGO THERE WAS A MOTORCYCLE ACCIDENT ON THAT ROAD AND WE WERE OUT STABILIZING C-SPINE WAITING FOR EMS TO ARRIVE. THE WATER IS ALSO A CONCERN SO RUNOFF, ESPECIALLY THIS TIME OF YEAR, IS AN ISSUE FOR US. DEPENDING ON THE ELEVATION , IT COULD BECOME MORE OF AN ISSUE SO WE WOULD HOPE THAT THE ENGINEERING WOULD ADDRESS THAT. LASTLY, THE BIG CONCERN THAT I THINK WE HAVE IS NOISE. WE DID LIVE NEXT TO LULU'S MANY YEARS. IT WAS NOT INITIALLY AS BAD AS IT BECAME. AND THE MANAGEMENT CHANGED AND IT WENT TO A DIFFERENT FORMAT WE HAD REALLY NO RECOURSE TO GET ANY MOVEMENT ON FULL ROCK BANDS SO SEVERAL DAYS A WEEK, THAT WOULD BE PLAYING AND WE HAVE NO WAY TO CHANGE THAT. THOSE ARE OUR PRIMARY CONCERNS AND WE HOPE TO HEAR FROM JAMES WHITEHEAD .

>> I DON'T HAVE A LOT MORE TO ADD OTHER THAN I WOULD JUST LIKE TO SPEAK -- WE HAVE GOTTEN TOGETHER THREE TIMES, ACTUALLY, WITH THE DEVELOPERS OF THE LULU'S PROJECT. I THINK THEY UNDERSTAND WHAT OUR CONCERNS ARE BUT OUR MAIN CONCERN IS MUSIC. THE OUTDOOR MUSIC LEADS TO , EVEN 20 OR 30 FEET FROM OUR PROPERTY, IT CARRIES OUT ON THE WATER OF THE TWO STORY PROPERTY, WE HAVE -- OUTSIDE OF OUR HOUSE SO WE WOULD POTENTIALLY HAVE A PERSON SLEEPING AND THEIR SECOND STORY THERE COULD BE OUTDOOR MUSIC OR MAYBE THE SECOND STORY COULD BE USED AS A PRIVATE CLUB AND THAT COULD MEAN PRIVATE RENTALS.

THAT COULD BE A WEDDING EVERY FRIDAY OR SATURDAY NIGHT. THE DOORS OPEN. THEY DON'T EVEN KNOW WHAT IT IS GOING TO BE YOUR WHO WILL OCCUPY IT SO ALL OF THE UNKNOWNS, FROM OUR PERSPECTIVE, MUSIC IS THE MAIN CONCERN. AND HAVING NO MUSIC, NO OUTDOOR MUSIC, NO SCREENED IN MUSIC, WE HAVE A RIGHT TO PRIVATE ENJOYMENT OF OUR PROPERTY. I GUESS MAYBE I DON'T UNDERSTAND YOUR PROCEDURES QUITE ENOUGH BUT WHY IT WAS NOT ADDRESSED THAT THIS PROPERTY IS NOT ZONED FOR OUTDOOR SEATING AND THAT IS AN ISSUE . WHICH BRINGS PEOPLE IN FROM THE WATER. THIS IS THE NEAREST POINT ON THE ICW AND WE ARE CONCERNED ABOUT IF THIS IS GOING TO BE A HIGH-END PROPERTY, HIGH-END ESTABLISHMENT, IF PEOPLE WANT TO COME IN FROM THE WATER, THEY WILL JUST BE THERE TO DRINK AND HANG OUT ON THE PROPERTY BECAUSE THEY CAN'T AFFORD THE FOOD INSIDE. WE HAD A BAD EXPERIENCE WITH THIS. WE HAVE FIRSTHAND KNOWLEDGE AND TESTIMONY THAT WE WANT TO PROVIDE SAYING THAT THIS IS NOT A SITUATION THAT IS

>> WE ARE GOING TO GO AHEAD AND RECONVENE. MR. WHITEHOUSE, GO

AHEAD. >> THANK YOU, MA'AM .

>> FOR THE RECORD, JAMES WHITEHOUSE , WHITE HOUSE LAW

[02:30:10]

GROUP. ST. JOHNS , FLORIDA. I AM HERE ON BEHALF OF THE EGG AND BURGERS. I APPRECIATE YOUR PATIENCE. IN FOR YOUR INDULGENCE. I HAVE HEARD ALL OF YOUR COMMENTS ABOUT THE PROJECT GETTING HERE IN TRAFFIC. AS YOU HEARD , THEY LIVE AT THE ROLF -- 305 NORTHWEST ROSCOE. THIS IS A FRONT PICTURE OF THEIR HOUSE FROM ROSCOE. THE PROPOSED RESTAURANT IS OVER HERE ON THIS SIDE. YOU CAN SEE IT FROM THE OVERHEAD HERE. THIS IS THE OLD LULU'S AND THIS IS THEIR HOUSE ON THE NORTH END. THIS IS ACTUALLY A PICTURE FROM THE DOCK. THIS IS THEIR DOCK RIGHT HERE. THIS IS THE PROPOSED RESTAURANT. IT IS VERY CLOSE IN PROXIMITY TO WHERE THEY LIVE. THIS IS THE OVERLAY DISTRICT .

THIS IS THE PONTE VERDE OVERLAY. THIS IS THE EIGENBERGERS HOUSE. HERE IS A GOOD PICTURE OF THIS. I THINK SOME OF THE DIAGRAMS SHOWED THEIR HOUSE AS A WALK THAT THEY DO LIVE HERE. THIS IS THE SWIMMING POOL AND THIS IS WHERE THEY WANT THE RESTAURANT. RESIDENTIAL A IS THE MOST RESTRICTIVE RESIDENTIAL -- IN THE CORRIDOR RUNS ALONG THE OVERLAY DISTRICT, AS YOU SAW. THE THING ABOUT RESIDENTIAL-A, YOU CAN APPLY FOR NEIGHBORHOOD COMMERCIAL IN RESIDENTIAL-A AND B. ESPECIALLY AT .1 AND .2. I HEARD THE COMMENT SAYING THAT THEY WORKED WITH THE STAFF AND THE NORTHERN NEIGHBORS TO TRY TO GET THROUGH THIS AND WOULD LIKE THE ARCHITECTURE AND WE LIKE THE FACT THAT IT WAS LULU'S BEFORE AND THAT NOT INTO A LOT OF TROUBLE AND THIS WILL IMPROVE THAT BUT THERE ARE THINGS WE NEED TO TAKE INTO CONSIDERATION. YOU HEARD FROM THE EGGENBERGERS THEMSELVES BUT I WANT TO GO THROUGH THIS. THEY ASK FOR THIS WAIVER WHERE THE BUILDING -- THE HEIGHT OF THE BUILDING, WITHIN A CERTAIN NUMBER FEET OF THE PROPERTY LINE , WITHIN OUR CODE, IT CLEARLY SAYS THAT PARTICULAR SECTION IS INTENDED TO HELP COMPATIBILITY BETWEEN COMMERCIAL AND RESIDENTIAL A AND THEY ARE ASKING FOR THAT.

YOU ALSO HEARD MR. EGGENBERGER TALK ABOUT THE TRAFFIC ISSUES AND THIS IS IN THE STAFF REPORT . I DID NOT HEAR THIS TALKED ABOUT. THEY ARE TALKING ABOUT YOUR TRANSPORTATION -- THEY MAY NEED TURN LANES ON ROSCOE. IT IS A TULANE RD. OUT THERE END OF TURN LANES ARE REQUIRED THERE MUST BE A LITTLE BIT OF ISSUE WITH THE COMMERCIAL USE. I THINK PART OF IT, WE HAVE TO TALK ABOUT, IN THE STAFF REPORT IT SAID THAT THIS IS A USE THAT IS ALLOWED BY RIGHT BUT IT IS NOT. IT IS A USE THAT HAS TO COME TO YOU AS A PUD SO THEY HAVE TO ASK YOU FOR SOMETHING SO IT IS NOT TECHNICALLY ALLOWED BY RIGHT. ANOTHER IMPORTANT POINT IS YOU DID SEE STAFF SAY, AND THEY ARE CORRECT IN SAYING, IF THEY CAME TO YOU TODAY IN THE CURRENT ZONING CATEGORY, THE REQUIREMENTS WOULD REQUIRE SPECIAL USE PERMITS FOR OUTDOOR SEATING, SETBACK AND BUFFERING REQUIREMENTS. THOSE ARE ALL IMPORTANT THINGS TO NOTE WHEN YOU TALK ABOUT COMPATIBILITY BETWEEN RESIDENTIAL AND COMMERCIAL, PARTICULARLY IN YOUR LEAST DENSE FUTURE LAND USE CATEGORY WHICH IS RESIDENTIAL-A AND THE BURDEN IS ON THE APPLICANT UNDER YOUR CODE. REALLY, UNDER THE

[02:35:07]

SECTIONS OF THE CODE THAT THEY WOULD BE REQUIRED TO DO, IF THEY WERE DOING A SPECIAL USE PERMIT, AND IF WE ARE GIVING THEM A PUD, IT WOULD BE LIKE A WAIVER. YOU NEED TO CONSIDER THE PUD, YOU SHOULD LOOK AT THE CHARACTERISTICS FOR A SPECIAL USE PERMIT WHEN TALKING ABOUT IT. SOME OF THOSE THINGS ARE TALKED ABOUT INCLUDE INTENSITY, HEIGHT, NOISE, TRAFFIC GENERATION. I FAILED TO MENTION THIS WHEN I STARTED. AT THE EGGENBERGERS ARE REASONABLE PEOPLE . THEY HAVE MET WITH THE APPLICANTS AND THEY HAVE TALKED WITH THEM AND THEY HAVE TRIED TO COME UP WITH SOLUTIONS THEMSELVES AND I THINK THERE ARE SOME CHARACTERISTICS OF THE PROJECT ITSELF. REALLY THE COULD COME IN HERE AND ARGUE, RESTAURANTS ARE NOT APPROPRIATE IN RESIDENTIAL-A, ESPECIALLY NEXT TO OUR HIGH SCALE RESIDENTIAL HOME IN PONTE VERDE. THEY ARE JUST SAYING WE DON'T WANT TO HAVE THE SAME PROBLEMS THAT WE HAD BEFORE AND WHEN YOU HAVE GENERAL TERMS WITHIN A PUD YOU CAN HAVE THE SAME PROBLEMS. I JUST WANT TO GET TO -- I THINK IT IS ALSO IMPORTANT TO NOTE THAT YOU HAVE THIS PIECE OF PROPERTY THAT THEY WANT TO PUT A RESTAURANT IN BUT ALL OF THESE PROPERTIES CIRCLED IN YELLOW ARE RESIDENCES IN RESIDENTIAL-A.

AGAIN, I THINK SOME OF THESE ARE THE CLOSE PROXIMITY. AND THE FACT THAT THEIR HOUSE IS RIGHT NEXT TO IT. AND THIS UPSTAIRS AREA DUCK IN THE OUTSIDE AREA DECK AND THE PARKING HERE. YOU CAN SEE THE ARCHITECTURAL RENDERINGS AND IN THE PICTURES, I THINK A BIG THING TO TALK ABOUT IS, SOME OF THIS STUFF MIGHT BE APPROPRIATE TO HAVE OUTSIDE. THEY MIGHT SAY, THEY CAN HAVE A PARTY EVERY WEEKEND BUT IF THIS WAS NEXT TO A RESIDENTIAL REV INCIDENTS AND THERE WAS A GRADUATION PARTY OR A RECEPTION EVERY DAY, THIS IS A RESTAURANT THAT WILL BE OPERATING EVERY DAY SO WE NEED TO PUT REASONABLE REGULATIONS TO PROTECT THEIR LIFE, WHICH IS WHAT THE COMPREHENSIVE PLAN SAYS WHEN YOU PUT COMMERCIAL NEXT TO RESIDENTIAL. SOME OF THE REQUEST THAT THEY HAVE OF YOU TO CONSIDER ARE NOISE CONTROL BECAUSE, LIKE I SAID, IF THEY HAD TO COME HERE FOR A SPECIAL USE, WHICH IS WHAT THEY WOULD HAVE TO DO, YOU WOULD TALK ABOUT NOISE AND TRAFFIC.

THERE REALLY IS NOT ANY MENTION ABOUT THE OUTDOOR MUSIC. THEY, AS THEY LIVED NEXT-DOOR, THEY WOULD REALLY LIKE SOME LANGUAGE THAT TALKS ABOUT NO OUTDOOR MUSIC AND FOR IT TO BE SPECIFIC. NOT IN SCREENED AREAS, RIFT AREAS, OR PIPED OUT THE DOORS AND NOT ON THE DECKS OR THE DOCS. THAT SEEMS REASONABLE BECAUSE THAT IS WHAT WE HAVE DONE WITH OTHER PLACES ALONG ROSCOE THAT HAVE COME HERE. ALSO, THEY REALLY KNOW THAT THEY WANT OUTDOOR DINING. THEY MAY BE WILLING TO CAPITULATE TO SOME OF THAT, WHICH IS WHAT WE HAVE WITH SOME OF THE OTHER COMMERCIAL NEIGHBORHOOD RESTAURANTS ALONG ROSCOE BUT IT IS VERY LIMITED. IF THEY WANT TO HAVE SOME OUTSIDE DINING I THINK NUMBER ONE, THE OUTDOOR MUSIC NEEDS TO SAY NO. IF THEY WANT TO HAVE OUTDOOR DINING THAT IS FINE AND IT SHOULD BE LIMITED BUT NO OUTDOOR MUSIC. SECONDLY, MAYBE LOOK AT THE PARKING BECAUSE THEY LIVE RIGHT NEXT DOOR TO THIS AND MAYBE THE APPLICANT SHOULD BE REQUIRED TO PROVIDE ADDITIONAL PARKING BEYOND WHAT IS REQUIRED BY CODE AND UNDER PUD YOU CAN REQUIRE THAT. MAYBE THEY SHOULD HAVE TO ENFORCE THE PARKING ON ROSCOE AND NOT PUT IT ON THE COUNTY OR THE POLICE.

THERE ARE NO REAL REGULATIONS AS TO DECKING AND MAYBE YOU CAN PUT THAT IN YOUR PUD BECAUSE THEY CAN COME AND ASK TO CHANGE THAT. REALLY THAT IS NOT TAKING INTO CONSIDERATION WHEN YOU TALK ABOUT THE CAPACITY. THIS IS A 207 SEAT RESTAURANT THAT THEY WANT TO PUT NEXT TO SOMEBODY'S HOUSE. YOU CAN SEE THOSE AREAS AND THEY HAVE DONE SOME STUFF. I AGREE THAT THEY HAVE DONE GOOD THINGS TO TRY TO MAKE THIS COMPATIBLE. THERE ARE A FEW THINGS THAT WE NEED TO ADD TO THE PUD AND I THINK NOW IS THE TIME TO DO THAT. AND TALK ABOUT COMPATIBILITY TO TRY TO HELP THESE PEOPLE THAT LIVE NEXT DOOR., THEY WOULD JUST

[02:40:03]

LIKE THESE FINER POINTS. THIS IS A THEIR DOCK. WHERE IT WILL BE. RIGHT NEXT TO THEIR HOUSE. YOU KNOW, THEY ARE HERE AND THEY CAN ANSWER QUESTIONS AND I CAN ANSWER QUESTIONS BUT WE APPRECIATE YOUR TIME, CONSIDERATION, AND COURTESY.

THANK YOU.

>> >> I WANTED TO POINT OUT A COUPLE OF FACTS. I WANT TO MAKE SURE THAT WE ARE ON THE SAME PAGE HERE. IN THIS AREA THAT I AM POINTING TO WE SEE OUTDOOR SEATING ON DRINKING. WE HAVE HAD THIS APPROVED BY THE ARC ON JULY 24 BECAUSE OF THE DESIGN CONSIDERATIONS WE PUT INTO PLAY TO MITIGATE THE ADJACENCY STANDARDS. I WILL SAY THAT THE OVERLAY HEIGHTS, WE MEET THE 30 FOOT AND THE 50 FOOT SETBACK.

THE REASON WE ARE ASKING FOR A WAIVER IS BECAUSE IT'S IS NOT LISTED TO INTEGRATE THOSE METRICS INTO ONE BUILDING ABOUT IS WHAT WE HAVE DONE. IF WE SPLIT THAT BUILDING DOWN THE MIDDLE WE WOULD NOT BE HERE FOR THE -- BECAUSE THIS IS 30 FEET BACK AND IS NO HIGHER THAN 20 FEET HIGH. THE PEAK OF THIS ROOF IS 50 FEET BACK AND THERE IS NO SPACE FOR ANY PATRONS WHATSOEVER ON THAT ROOF. IT IS JUST A CEILING BECAUSE THE GRANTOR, THE BETTER IN TERMS OF THE VIEW AND THE AESTHETICS TO LET LIGHT IN. THE ONLY SECOND FLOOR SPACE IS THIS BUILDING ADJACENT TO THE POND VALLEY FISH RESTAURANT. WE MENTIONED THE DOCK SPACE. THAT DOC HAS BEEN THERE AT LEAST 30 YEARS IN THAT CONFIGURATION AND WE INTEND TO KEEP IT THERE. WE ARE GOING TO DO SOME RESILIENCY WORK TO WORK ON THE BULKHEAD.

JUST LIKE THE EGGENBERGERS, THEY DID SOME WORK ON THEIR BULKHEAD. WE HAVE BUILT THIS FROM DAY ONE BLENDING OUR ARCHITECTURE, DESIGN, THE HARD SCAPE IN THE LANDSCAPE INTO THIS TO MITIGATE LIGHTING AND NOISE SPECIFICALLY. WE UNDERSTAND THAT HAVE TAKEN THIS INTO CONSIDERATION. TRAFFIC , WE ARE EXEMPT FROM CONCURRENCY. THE PUD AND THE OVERLAY, I THINK ANYBODY CAN ATTEST THAT PALM VALLEY IS ONE OF THE MOST RESTRICTIVE WHEN IT COMES TO BUFFERING AND LANDSCAPER AND WE ARE NOT ASKING FOR ONE WAIVER. I THINK IT IS SPECULATIVE TO SAY THAT WE WILL BE HOSTING WEDDINGS AND PARTIES EVERY DAY OF THE WEEK. OUTDOOR DINING . WE NEED TO PUT THE OUTDOOR DINING IN CONTEXT. WE HAVE OUTDOOR DINING AND SEATING IN THE PUD AND WE WILL REDEFINE THAT IN CONTEXT. IOWA LED AN EXHIBIT FOR THE RECORD AND WE WILL INCLUDE THIS IN THE PUD.

WE WILL WORK WITH JAMES AND THE EGGENBERGERS ON THIS TO MAKE SURE THEY UNDERSTAND WHERE WE'RE COMING FROM. WE WILL PUT THIS IN THE PUD BETWEEN NOW AND BCC TO BE SURE IT IS CLARIFIED.

MOVING OVER TO THIS MICROPHONE, SO, ON THIS DIAGRAM , THIS IS THE FIRST FLOOR PLAN. WHAT WE SHOW HERE IS CONDITIONS SPACE, UNCOVERED. THE ONLY PLACE THAT WE WILL HAVE RESTAURANT SERVICE IS IN THE CONDITIONED SPACE AND THE UNCONDITIONED COVERED SPACE HEARD THE BUILDING CODE. YOU ARE ALLOWED TO DO THAT AS LONG AS IT IS UNDERCOVER. THE SECOND FLOOR PLAN, SAME CONSIDERATION.

[02:45:08]

CONDITIONED SPACE AND UNCONDITIONED SPACE. ANY RESTAURANT ACTIVITIES WILL BE ISOLATED TO THAT AREA. WILL THERE BE OTHERS SITTING AROUND NICE CHAIRS AND CLOSER TO THE DOCK AREA? ABSOLUTELY. THAT IS THE ENTIRE POINT OF HAVING A WATER RESTAURANT USE. THERE IS ONLY ONE PLACE TO PUT THIS RESTAURANT. ON THE WATER WITH PARKING OUT FRONT BUT WE HAVE SPLIT THAT BUILDING AND HAVE SO PEOPLE CAN ENJOY THE WATERWAY .

I DO WANT TO SAY A COUPLE MORE THINGS. THESE ARE AERIAL PHOTOS THAT DATING BACK TO -- THIS ONE IS FROM 2014 AND THE SIGNIFICANCE OF THAT IS 2014 PREDATES WHEN THE EGGENBERGERS LIVED THERE. I WANT TO DRAW YOUR ATTENTION TO THE DOCK AND THE HOUSE CONFIGURATION. THIS IS HOW THEY PURCHASED IT. THEY PURCHASED IT KNOWING THERE IS A RESTAURANT NOT NEXT-DOOR AND THAT THE DOCK SPACE IS RIGHT AGAINST THE PROPERTY LINE. HERE IS THE 2016 AERIAL IMAGING SHOWING THE EXACT SAME THING AND HERE IS THE CURRENT, 2022, THAT IS THE WAY IT WAS LEFT IN DECEMBER 2021 WHEN THE RESTAURANT CLOSED, YOU CAN SEE THE ACTIVATED SPACE FOR THE PATRONS, ORIENTED TOWARDS THE RESIDENTIAL PROPERTY LINE. YOU KNOW, THE EGGENBERGERS, IN 2016 PURCHASED IT KNOWING THAT HER RESTAURANT IN COMMERCIAL ZONING EXISTED THERE AND THAT IS THE EXACT SAME CONFIGURATION. I WILL ALSO INCLUDE THIS FOR THE RECORD. I HAVE DONE A PRELIMINARY ESTIMATE. WE CAN SAY THAT LULU'S HAS OPERATED FOR TENS OF THOUSANDS OF HOURS. THEY HAVE BEEN THERE FOR DECADES. THERE HAVE BEEN 10 PRIVATE COMPLAINTS LISTED. THAT IS THROUGH ST. JOHNS COUNTY COMPLAINTS. NINE OF THOSE ARE LEGITIMATE. THESE ARE PUBLIC INFORMATION. THEY DEAL WITH SIGNS, HITTING GOLF BALLS OFF THE DOCK, LIGHTS AND NOISE, DOCK LIGHTS OVER THE WATER. MORE LIGHTING. DOCK IN DISREPAIR. VEHICLE WITHOUT A TAG. LIGHTING TOO BRIGHT.

SIGNAGE. NOISE FROM MUSIC AND A DUPLICATE CASE IN 2020. SO TENS OF THOUSANDS OF RESTAURANT OPERATING HOURS AND ONLY NINE COMPLAINT IS. ONLY TWO RELATED TO NOISE. NOT TO SAY IT HASN'T EXISTED BUT THAT IS GOOD THE LEGITIMATE COMPLAINT I HAVE TO GO ON. WE ARE HERE AND THIS IS PROOF THAT WE REACHED OUT TO THE NEIGHBORING PROPERTY OWNERS TO INCLUDE THEIR CONCERNS AND THE ISSUES THEY MIGHT HAVE SO WE CAN INCORPORATE THAT INTO A SMART INNOVATIVE DESIGN. WE ARE HIGHLY REGULATED AS AN OVERLAY AND A PUD. JUDGING BY THE RENDERINGS THAT IS A HIGH-QUALITY RESTAURANT. THIS WILL NOT BE A LULU'S. THIS IS NOT GOING TO HAVE AN OUTDOOR BAND. YOU CAN SEE THE CALENDAR OF EVENTS STILL HAS BANDS LISTED TO PLAY IN 2021 BUT WE ARE WILLING TO PROFFER TO SHOW THE FLOOR PLAN REGARDING RESTAURANT SERVICE. THERE HAS BEEN A LOT OF TALK ABOUT OUTDOOR SEATING. IT HAS TO BE RELATED TO RESTAURANT SERVICE.

OUR HOURS OF OPERATION WILL BE COMMENSURATE WITH OTHER RESTAURANTS ON ROSCOE AND WE WILL ADHERE TO THE NOISE ORDINANCE. WE WILL PUT THAT LANGUAGE IN THE PUD TO KNOW THAT THEY WILL RECITE THAT. I THINK WE HAVE PROVEN THAT WE WILL BE GOOD NEIGHBORS. THE FOLKS BUYING THIS ARE LOCAL AND THEY HAVE PROVEN THEY WANT TO BE GOOD NEIGHBORS. I THINK WE HAVE PROVED THAT. WE WILL WORK WITH THE ATTORNEY AND THE RESIDENCE TO INCORPORATE THIS SO THAT WE CAN MOVE THE NEEDLE A BIT FURTHER IN TERMS OF MAKING SURE THAT THEIR CONCERNS AND ISSUES ARE ADDRESSED. LET ME SEE IF I HAVE ANYMORE. SO, AGAIN, OUTDOOR DINING, THERE WILL NOT BE ANY. AND THE WAIVER, WE ARE NOT ASKING FOR A WAIVER FOR PARKING COUNT. WE MEET THE CODE AND WE ARE PROUD OF THAT BECAUSE THAT HELPED

[02:50:01]

BRING A RIGHT SIZE IN TERMS OF THE RESTAURANT SEATING CAPACITY. AS I STATED BEFORE, THERE IS A COMPATIBILITY MATRIX IN PLAY. RESTAURANTS ARE ALLOWED AS A NEIGHBORHOOD % COMMERCIAL USE. THAT IS ALLOWED IN RESIDENTIAL-A AS LONG AS YOU PROVIDE INNOVATIVE WAYS TO ALLEVIATE CONCERNS FROM RESIDENCES. THERE ARE CHURCHES IN COMMERCIAL RIGHT NEXT-DOOR.

WE HAVE A COMMERCIAL RESTAURANT RIGHT NEXT DOOR. WE KEEP TALKING RESIDENTIAL. RESIDENTIAL , RESIDENTIAL. WE HAVE PROVEN AND THEIR OVERLAY, THE OVERLAY HEIGHT AND SETBACK REQUIREMENT THAT WE ARE NOT DEVIATING FROM IS AN OVERLAY REQUIREMENT AND THE ARC BOARD APPROVED THAT. WE PLEDGE TO WORK WITH THE EGGENBERGERS ON THIS AND TO INCORPORATE SOME NEW LANGUAGE INTO THE PUD TO MAKE SURE THAT WE HAVE THE PROTECTIONS NEEDED MOVING FORWARD AS A HIGH-QUALITY RESTAURANT AND I STAND BY WHAT WE ARE PROVIDING TODAY AS EXHIBITS AND I WILL STAND BY FOR ANY FURTHER QUESTIONS YOU

MIGHT HAVE. >> DO YOU ALL HAVE ANY QUESTIONS? MR. WHITEHOUSE, WOULD YOU LIKE TO SPEAK TO MARK

>> YES. JUST TO ADDRESS THE THINGS THAT HE BROUGHT UP. MR. WESTER DOES A GREAT JOB PRESENTING. UP PART OF THIS IS , THE DEVIL IS IN THE DETAILS A BIT. ESPECIALLY WITH PUD'S. I DO THEM ALL THE TIME AND THEY BRING THEM BEFORE THE CITY AND YOU AND OTHER JURISDICTIONS. ANOTHER OF NO OTHER RESTAURANTS THERE ARE ALLOWED OUTSIDE MUSIC AND I THINK THAT SHOULD BE A SPECIFIC MENTION WITHIN THE PUD. THEY MAY PROMISE THEY WON'T DO IT. THEY MIGHT BE GOOD NEIGHBORS. BUT IF THEY SELL IT TOMORROW IT DOES NOT MEAN THE NEXT PEOPLE WON'T COME ENDED DOESN'T MEAN THAT LULU'S WON'T COME BACK AND BUY IT BACK OR SOMEBODY LIKE THEM. WHEN THEY DID BUY IT THEY ARE THE ONES THAT MADE A LOT OF THE COMPLAINTS. THEY ARE THE ONES HAVING A PROBLEM WITH IT. THIS IS A NONCONFORMING ZONING DISTRICT UNDER CODE. THIS IS RESIDENTIAL-A SO WE NEED TO BE CAREFUL FOR THE NEIGHBORS THAT LIVE AROUND US. THEY HAVE DONE A GREAT JOB AND WE APPRECIATE THE EXHIBIT BUT I THINK THIS, YOU NEED TO GIVE THE COUNTY BOARD OF COMMISSIONERS SOME GUIDANCE. THERE IS BARBARA JEANS ON THE WATER. BALLY SMOKE. THE PALM VALLEY FISH CAMP RIGHT NEXT TO THIS. NONE OF THEM HAVE OUTSIDE MUSIC ALLOWED. THEY MAY SAY THEY WON'T BUT I THINK THAT IS AN IMPORTANT THING TO PUT WITHIN THE PUD BECAUSE THIS IS A PUD AND THE OTHER PART ABOUT IT IS, I THINK, TALKING ABOUT THE UPSTAIRS SPACE, THEY MAY SAY THEY ARE NEVER GOING TO USE IT BUT THAT DOESN'T MEAN THEY CAN'T USE IT SO WE WOULD APPRECIATE IF THERE WERE SOME KIND OF LANGUAGE OR GUIDANCE TO THE COUNTY BOARD OF COMMISSIONERS THAT MAYBE IT IS NOT APPROPRIATE TO HAVE UPSTAIRS DINING OR DRINKING ON THIS DECK THAT IS NEAR THESE PEOPLES HOUSE. THEY DID BUY IT KNOWING THAT THERE WAS A RESTAURANT THERE BUT THERE WAS NO OUTSIDE MUSIC AND NO OUTSIDE DINING AT THAT RESTAURANT ITSELF SO THEY KNEW THAT AND THEN WHEN THEY TRIED TO DO THAT, THEY COMPLAINED AND THAT PARTICULAR OWNER STOPPED DOING IT AND THEN THEY SOLD AND STOPPED OPERATING. THESE ARE GREAT PEOPLE AND IT SOUNDS LIKE A GREAT PROJECT BUT THESE DETAILS ARE IMPORTANT TO THE EGGENBERGERS WHO LIVE RIGHT THERE. NO OUTDOOR MUSIC AND NO WAY TO PIPE OUTDOOR MUSIC AND PREFERABLY NO DINING OR DRINKING ON THESE UPSTAIRS DECKS. I APPRECIATE YOUR TIME.

>> THANK YOU. DR. HILSENBECK .

>> CAN YOU LIMIT THIS TO ACOUSTIC MUSIC?

>> AGAIN, WE ARE GOING BACK TO LULU'S. WE WILL COME UP WITH SOME LANGUAGE THAT IS APPROPRIATE . WE PLEDGE TO WORK WITH THE ATTORNEY AND THE RESIDENCE TO COME UP WITH SOMETHING THAT IS, RINSE IT -- COMMENSURATE WITH WHAT I JUST PITCHED . I DON'T THINK THE INTENT, AND WE CAN CODIFY THIS, IS TO HAVE ANY MUSIC PLAYING OUTSIDE ON THE DOCK SPACE OR ON THE EDGE OF THE WALKWAY PATIO AREAS. IT IS MEANT TO BE UNDER THE ENVELOPE OF THE BUILDING SPACE. DO WE WANT POTENTIALLY

[02:55:04]

SOME AMBIENT MUSIC OR MAYBE SOMEBODY WITH AN ACOUSTIC THAT ARE, ABSOLUTELY. YOU SEE THIS AT NICE HIGH-END PLACES BUT WE DON'T WANT TO LIMIT OURSELVES. WE WANT TO BE ABLE TO PROVIDE CREDENCE TO THE CONTEMPORARY NOISE ORDINANCE THAT WE WILL ABIDE BY. THE PREVIOUS RESTAURANT DID NOT DO THAT AND THEY HAVE BEEN THERE SINCE 1971. THAT PREDATES THE CLEAN WATER ACT SO THEY WERE NOT HELD TOO MUCH OF A STANDARD IN TERMS OF THEIR ORIGIN AND GENESIS OF THEIR IMPROVEMENT. BUT, THE DEVIL IS IN THE DETAILS AND WE HAVE ONE OF THE BEST ARCHITECTURAL FIRMS IN THE UNITED STATES DEFINING THIS AND THEY HAVE BUILT A LOT OF INNOVATIVE ELEMENTS IN THIS AND WE THINK IT IS A FANTASTIC DESIGN THAT REALLY ACCOMPLISHES A LOT. TO ANSWER YOUR QUESTION, WE WILL WORK WITH THEM TO PROVIDE CLARITY ON MUSIC BUT TO CALL IT NOISE, IT IS NOT NOISE.

WE WILL NOT BE IN THE BUSINESS OF DOING EXTRANEOUS NOISE OR LET THINGS OR DISTURBING OUR NEIGHBORS. OUR NEIGHBORS ARE

OUR CLIENTS. >> I HAVE A COUPLE OF QUESTIONS FOR STAFF. THE FIRST ONE IS , WE HAVE THE CHT ZONING WITH EXISTING STRUCTURES. CAN THE APPLICANT OPEN A RESTAURANT TODAY WITHOUT GOING THROUGH THE PUD PROCESS?

>> JACOB SMITH, THROUGH THE CHAIR, TO THE QUESTION FROM MR. MATOVINA. I BELIEVE THE APPLICANT IS GOING THROUGH THIS PROCESS THE RIGHT WAY. A NEIGHBORHOOD COMMERCIAL YOU SHOULD BE APPROVED AND IF WE CONSIDERED THAT LULU'S WAS A NONCONFORMING ENTITY BAYOUS, IF WE DID, THAT PARTICULAR USE HAS 365 DAYS TO BE RENEWED SO I BELIEVE IT SOUNDS LIKE THAT PERIOD OF TIME HAS PASSED. IT IS POSSIBLE THAT TH APPLICANT COULD COME IN WITH A VESTING REQUEST AND WE WOULD BE ABLE TO MAKE A DETERMINATION ON IF THEY CREATED BILLED UNDER CHT AND TO MY KNOWLEDGE THAT HAS NOT BEEN DONE. SO I THINK THIS PROCESS SEEMS TO BE THE APPROPRIATE ROUTE.

>> SO, ON THE NOISE SIDE OF THINGS. LET'S POSE THIS FOR SINGLE-FAMILY RESIDENCE INSTEAD OF A RESTAURANT. AND SOMEBODY TURNED THIS INTO A VRBO AND NOW YOU HAVE 10 PEOPLE STAYING IN AN EIGHT DRAMA HOUSE. I ASSUME THE NOISE LEVEL ALLOWED TO COME FROM THAT PROPERTY OVER TO THE NEIGHBORS TO THE NORTH IS THE AMOUNT THAT IS ALLOWED BY CODE . IT IS THE SAME NO MATTER THE

USE. IS THAT CORRECT? >> I DON'T WANT TO MISSPEAK BECAUSE I DON'T HAVE THE NOISE ORDINANCE UP BUT GENERALLY SPEAKING, I WOULD SAY YES. I FEEL THAT NOISE IS SOMETIMES A DIFFICULT TOPIC TO ENFORCE AS FAR AS CODE ENFORCEMENT DURING THE DAY. IT IS FAIRLY EASY FOR OFFICERS TO SHOW UP AND SEE IF THEY ARE IN VIOLATION BUT IT NIGHT IT DOES FALL UPON THE SHERIFF'S OFFICE AND IT DOES BECOME MORE DIFFICULT TO

ENFORCE. >> MR. MATOVINA, TO BE SLIGHTLY MORE PRECISE WITH WHAT JACOB SAID, THE NOISE ORDINANCE DOES CONTEMPLATE COMMERCIAL USES HAVING DIFFERENT TYPES OF NOISES AND DIFFERENT NOISE USES THAN RESIDENTIAL SO, AND AGAIN, I HAVE NOT GONE THROUGH THE ENTIRE ANALYSIS. THE STANDARD IS ROUGHLY THE SAME BUT THERE ARE SOME DIFFERENCES BUILT IN SO THERE MAY BE SOME SOUNDS ASSOCIATED WITH RESTAURANTS THAT MIGHT CAUSE ISSUES AND CAUSE THAT TO BE A SLIGHTLY DIFFERENT DETERMINATION FROM RESIDENTS.

>> ANY OTHER QUESTIONS? SEEING NONE, WE ARE BACK TO THE AGENCY

FOR A MOTION. MR. PETER . >> I WILL MAKE A MOTION TO

[Agency Reports]

RECOMMEND APPROVAL OF PUD 2023-26 301 NORTH ROSCOE RESTAURANT PUD, BASED ON NINE FINDINGS OF FACT, AS PROVIDED

WITHIN THE STAFF REPORT. >> WE HAVE A MOTION FOR APPROVAL. DO WE HAVE A SECOND? SECOND. AND A DISCUSSION? SEEING NONE, PLEASE REGISTER THE VOTE. THE MOTION PASSES,

[03:00:09]

5-1. THANK YOU, MR. WESTER. ONTO STAFF REPORTS.

>> NO STAFF REPORT FROM ME, MADAM CHAIR.

>> ANY AGENCY REPORTS? >> I WOULD LIKE TO

* This transcript was compiled from uncorrected Closed Captioning.