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[Call meeting to order]

[00:00:34]

>>> GOOD AFTERNOON. WE ARE GOING TO CALL THE MEETING TO ORDER. PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.

>> ÊI PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.Î ALL RIGHT, MR. PIERRE, WILL YOU PLEASE READ THE PUBLIC NOTICE.

>> AND BE GIVEN THE OPPORTUNITY TO OFFER COMMENT AT THE DESIGNATED TIME DURING THE HEARING. THE PUBLIC SHALL SPEAK AT A TIME IN THE MEETING ON EACH ITEM FOR A LENGTH OF TIME DESIGNATED BY THE CHAIRMAN WHICH SHALL BE TWO-MINUTE .

SPEAKERS MAY OFFER SWORN TESTIMONY. IF THE TESTIMONY IS NOT SWORN THE AGENCY WILL DETERMINE THE WEIGHT OF THE TRUTHFULNESS. -- TO ANY MATTER AT THE HEARING SUCH PERSONS WILL NEED TO BE SURE THAT THE WRITTEN RECORD -- INCLUDING TESTIMONY . ANY PHYSICAL DOCUMENTARY EVIDENCE SUCH AS DIAGRAMS , PHOTOGRAPHS, OR WITNESS STATEMENTS MUST BE PROVIDED TO THE CLERK. WE RECOMMEND THAT YOU BE AVAILABLE FOR REVIEW OF THE APPEAL. AGENCY MEMBERS ARE REMINDED THAT BOARD MEMBERS WILL STATE IF THEY HAD ANY COMMUNICATIONS WITH ANYONE ON THE SUBSTANCE OF THE -- CONTENT OF THE CONVERSATION.

ALL COMMENTS TO THE BOARD. >> WE WILL MOVE ON TO PUBLIC COMMENT. IF YOU ARE HERE FOR ANY KIND OF PUBLIC COMMENT OR ANYTHING NOT ON THE AGENDA THIS IS THE TIME TO SPEAK. IF YOU

[1. ZVAR 2024-12 5324 A1A South Pool. Request for a Zoning Variance to Table 6.01 of the Land Development Code to allow for a Side Yard setback of three (3) feet in lieu of the required eight (8) feet to accommodate the placement of a swimming pool in Residential, Single Family (RS-3) zoning. (Part 1 of 2)]

WANT TO SPEAK ON A CERTAIN ITEM, WILL DO THAT AT THE TIME.

IS THERE ANYONE HERE FOR PUBLIC COMMENT? SEEING NONE, WE WILL

MOVE ON TO ITEM NUMBER ONE. >> WE ARE NOT GOING TO TAKE A VOTE ON THE MINUTES FOR THE PZA MINUTES BECAUSE THERE WERE SOME CORRECTIONS. ON TO ITEM NUMBER ONE. MR. LARRY EINHEUSER.

>> I HAVE SOME EX PARTE. I HAD A CONVERSATION WITH MR. WILSON,

THE NEXT-DOOR NEIGHBOR . >> ANYONE ELSE?

>> YES. MADAM CHAIR, I DROVE BY THE AREA.

>> I DID A SITE VISIT AT THE NEIGHBORS HOUSE AND THE NEXT DAY AT THE HOME OF THE APPLICANT.

>> ANYONE ELSE? >> MY NAME IS AXEL PAIN AND I AM THE OWNER OF -- AND I AM JOINED BY MY WIFE WHO IS IN THE FRONT ROW. I THINK MY CONTRACTOR IS STUCK IN TRAFFIC.

I HOPE HE IS OKAY. I AM HERE TO REQUEST A ZONING VARIANCE TO PLACE A SWIMMING POOL IN OUR UNIQUELY FIGURED LOT. AS REQUIRED YOU WILL FIND AN AERIAL MAP AND WE PURCHASED OUR HOME IN FEBRUARY 2023 WITH PLANS TO MOVE HERE IN NOVEMBER 2023. WE HAVE ABOUT A 2000 SQUARE-FOOT HOUSE AND WE ARE

[00:05:05]

LOCATED DIRECTLY ACROSS THE STREET FROM ST. JOHNS WINDOWS AND DOORS AND THE WINDSWEPT ACRES PARK. YOU CAN SEE THE FUTURE LAND USE MAP AND WE ARE DESIGNATED RESIDENTIAL C. AND THE AREA ACROSS FROM US IS PUBLIC. YOU CAN FIND THE ZONING MAP HERE AND WE ARE ZONED RS 3. I WOULD LIKE TO TAKE YOU THROUGH OUR PLANS. WE SEEK TO PLACE A REASONABLY SIZED POOL ON THE LOT. ON THE PROPERTY IS A HOT TUB. THIS WILL BE MOVED TO THE NORTH SIDE OF THE PROPERTY IF THE VARIANCE IS GRANTED. THE PREVIOUS OWNER ERECTED A SUMMER KITCHEN THAT WILL BE REMOVED AND THEY BUILT THAT WITHIN THE SAID BACK.

BRANDON ON STAFF MADE SURE TO POINT THAT OUT TO ME SO THAT WILL BE REMOVED. THE SURVEY PROVIDED TO THE STAFF NOTES THAT WE WILL OBTAIN A 50.1% -- RATIO WHILE THE MAJORITY OF THE SWIMMING POOL GOES INTO THE BACKYARD, THE VERY TIP WOULD BE 22 FEET SIX INCHES FROM THE ADJACENT PROPERTY. I HAD TO BREAK OUT MY THUGGERY HIM THEOREM FROM HIGH SCHOOL. THE DISTANCE FROM OUR HOT TUB IS 29 FEET AS IT STANDS NOW. I KNOW THAT MISS SPIEGEL DID A SITE VISIT . THIS IS A PICTURE OF THE SIDE YARD AND YOU CAN SEE THE MULCHED SIDE YARD DIVIDED BY A FENCE AND A HOT TUB. THE SECOND PHOTO ON THE RIGHT SIDE IS LOOKING EAST TOWARDS THE OCEAN. THE SWIMMING POOL WOULD START ON THE RIGHT SIDE AND EXTEND BACK TO THE WALL. TO ADD ADDITIONAL CONTEXT THIS IS OUR BACKYARD. IT IS HEAVILY VEGETATED AND THE SUMMER KITCHEN IS ON THE RIGHT SIDE.

THIS WAS TAKEN FROM THE BALCONY OF OUR MASTER BEDROOM. THIS IS VEGETATION AND THE RETAINING WALL IS EXTREMELY SOLID. I WOULD LIKE TO EXPLAIN THE HARDSHIP THAT BRINGS US HERE TODAY. IN ORDER TO PLACE A POOL IN THE BACKYARD WE WOULD NEED TO REMOVE -- COMPLETELY REMOVE A LARGE SECTION OF THE DUNE BEHIND OUR PROPERTY AND RUNS THROUGH THE ENTIRE AREA OF BUTLER BEACH. IT'S VERY TALL AND PEAK SET 31 FEET BEHIND OUR PROPERTY. THE LAND BEHIND US IS UNDEVELOPED AND VACANT. THERE ARE NEIGHBORS ABOVE AND WE HAVE NEIGHBORS ON BOTH SIDES. A SWIMMING POOL WOULD RISK DESTABILIZING AND THAT COULD RESULT IN A SLIDE DURING A HURRICANE PLACING NEIGHBORING PROPERTIES AT RISK. ANY CHANGE TO THE DUNE OR THE WALL COULD BE CATASTROPHIC AND IT IS A RISK WE SEEK TWO-MINUTE -- MITIGATE. WE KNEW THE MOMENT THAT WE PUTS AN OFFER IN THAT THE ONLY PLACE TO PUT IN A POOL WOULD BE ON THE SIDE YARD BUT WE PROCEEDED WITH THE PURCHASE. POOLS ARE UNCOMMON IN OUR AREA.

ON THE IMAGE ABOVE YOU WILL NOTE UNIQUE STRATEGIESMUST BE PURSUED TO GET A SWIMMING POOL IN. IN THE UPPER LEFT-HAND CORNER IN THE ORANGE BOX IS THE ADDRESS AT 5313 AND THEY PUT THE SWIMMING POOL IN THE FRONT OF THEIR YARD INSTEAD OF THE DUNE. AN EXCELLENT STRATEGY. OUR NEIGHBORS, THE WILSON'S HAVE A SWIMMING POOL AS WELL AND THEIR HOUSE SITS ON A DOUBLE LOT BUT OUR SITS ON A SINGLE LOT THE BUILDER AT THE TIME KNEW THAT SOMETHING WAS GOING TO HAPPEN WITH THE DUNE AND MOVED THE PROPERTY FORWARD. AN EXCELLENT ANGLE TO OBTAIN A POOL. IN EARLY JUNE WE REACHED OUT TO OUR IMMEDIATE NEIGHBORS.

THAT IS THE MYERS AND PAULA WILSON. IN A PHONE CALL ON JUNE 13, -- SUBMITTED A LETTER TO ME SHORTLY AFTER. OUR NEIGHBOR

[00:10:05]

LYNN LEARNED OF THE PLANS AND VOLUNTEERED TO SEND US A LETTER. THE SUMMARIES ARE THERE AND ON THE NEXT SLIDE. I HAD A CONVERSATION WITH PAULA ON JUNE 16 AND I FOLLOWED UP WITH THE DETAILED EMAIL SUMMARIZING OUR PLANS ATTEMPTING TO GAIN SUPPORT AND DOCUMENTING THE PROJECT. WE DID NOT GET A RESPONSE AND NO SPECIFIC CONCERNS WERE MADE TO US BETWEEN JUNE AND SEPTEMBER. IN SUMMARY, IN THE COMMENTS ABOVE THERE ARE CONCERNS ABOUT THE INTEGRITY OF THE DUNE. IT IS AN INTEGRAL ASPECT OF THE OVERALL COMMUNITY. IT IS CRITICAL FROM THEIR PERSPECTIVE AND IN THE PUBLIC INTEREST TO KEEP THE DUNE INTACT AND UNDISTURBED. I HAVE INCLUDED SCREENSHOTS OF THE LETTERS OF SUPPORT FOR THE RECORD. NEXT, DESPITE REACHING OUT IN JUNE TO JIM AND PAUL WILSON WE WERE MADE AWARE LAST WEEK OF CONCERNS FROM THE WILSON FAMILY THAT WE WOULD HAVE GLADLY ADDRESSED AND BEEN WILLING TO ALLEVIATE . NOW THAT WE HAVE RECEIVED THOSE CONCERNS WE ARE WILLING TO TAKE THE TIME TO ADDRESS THEM. WE CAN SUM UP AND ADDRESS THE CONCERNS RATHER SISSON, LEE. FIRST AND FOREMOST, YOU WILL NOTE IN SOME OF THE COMMENTS FROM THE EMAILS THAT OUR NEIGHBORS HAVE DISTANCE AND PRIVACY CONCERNS, UNDERSTANDABLY SO. THE PROPOSED SWIMMING POOL WOULD BE 22 FEET FROM THE ADJACENT HOME AND THE HOT TUB IS 29 FEET AWAY. OUR PROPERTIES ARE DIVIDED BY A PRIVACY FENCE AND THE FENCE BETWEEN OUR SHARED PROPERTIES IS 6 FEET TALL AND IS DOUBLE LAYERED. SO WE HAVE ABOUT ONE INCH ON OUR SIDE AND PLANK WALL ON THE REAR AND IT IS IN GREAT SHAPE. SECOND IS NOISE CONCERNS. THE PROPERTY IS A PERMANENT RESIDENCE. WE MOVED HER PERMANENTLY IN NOVEMBER AND WE FILED OUR DOMICILE PAPERWORK ON THE ADVICE OF THE LAWYER AND THERE HAVE BEEN NO COMPLAINTS OF NOISE FROM GUESTS AND HAD THERE BEEN WE WOULD HAVE ADDRESSED IT SWIFTLY. ANOTHER POINT IS THE IMPACT ON PROPERTY VALUE. WE HAD A DISCUSSION WITH OUR REALTOR WHEN WE PURCHASED THE HOME . THEY NOTED THAT NOT ONLY WOULD A SWIMMING POOL INCREASE THE VALUE OF THE HOME BUT ALSO THE PROPERTY VALUE OF THE HOMES NEARBY. PROPERTY VALUES HAVE RISEN DRASTICALLY AND EVEN IN THE TIME WE HAVE OWNED IT IT HAS GONE UP DRASTICALLY. NEXT IS STRUCTURAL INTEGRITY. THE SWIMMING POOL WILL HOPEFULLY BE NO MORE THAN 5 FEET DEEP AND THE EXCAVATION WILL NOT BE AS SEVERE. JIM IS CONCERNED THAT EXCAVATION EQUIPMENT COULD COMPROMISE THE RETAINING WALL BEHIND HIS POOL. OUR POOL IS SIGNIFICANTLY OFF THE AND WOULD NOT IMPACT THE RETAINING WALL AND BY USING THE DUNE WE WOULD NOT HAVE ANY SAND SPREAD ON EITHER SIDE. NEXT, WE OWN OUR HOME ON THE LLC. THIS WE DO THAT FOR ESTATE PLANNING PURPOSES AND FOR ASSET PROTECTION , WHICH IS A COMMON PRACTICE. LASTLY, MOVING TO THE HARDSHIP. THE UNIQUE CHALLENGES OF THE PROPERTY JUSTIFY THE REQUEST FOR THE VARIANCE AND THE ALTERNATE LOCATIONS WOULD COMPROMISE THE DUNE AND BE UNTENABLE. THANK YOU FOR LISTENING AND I WOULD LIKE TO WRAP UP WITH A FEW POINTS THAT DRIVE HOME OUR REASONING FOR WHY THE PROPOSED PROJECT MEETS VARIANCE CRITERIA . IT IS NOT CASH AND ENSURES THE INTEGRITY OF THE DUNE SHARED BY THE NEIGHBORHOOD REMAINS UNDISTURBED. AS DISCUSSED TODAY SUBSTANTIAL EVIDENCE EXISTS TO SUPPORT THE SPECIAL CONDITION AT THE REAR OF THE PROPERTY. ENFORCEMENT OF THE CODE WOULD INCLUDE US FROM BUILDING DASHWOOD PRECLUDE US FROM BUILDING. WE WANT TO PROMOTE HARMONIOUS DEVELOPMENT AND WITH THIS IN MIND , USING AN AREA OF OUR PROPERTY THAT IS FLAT IS

[00:15:03]

CLEAR. THANK YOU FOR YOUR TIME AND WE WOULD LIKE TO SAY THANK YOU TO STAFF. BRANDON AND I EXCHANGED MANY MANY EMAILS AND WITHOUT HIM THIS WOULD NOT HAVE BEEN POSSIBLE. THANK YOU FOR

YOUR TIME. >> DOES ANYONE HAVE ANY

QUESTIONS? >> I HAVE ONE QUESTION.

INAUDIBLE ] AT THE BACK OF YOUR HOUSE FOR THE DUNE WHERE IT HAS THAT GRAY

>> THAT IS A GREAT QUESTION. IT IS A COVERED PATIO THAT RUNS THE WIDTH OF IT IS A DUCK OVER TOP. THE PHOTO THAT I TOOK IS THE DECK THAT EXTENDS FROM THE MASTER BEDROOM. ONE OF THE RISKS TO PLACING THIS ONE POOL IN THE BACKYARD IS NOT ONLY THE DUNE BUT THE ENTIRE BACKYARD WOULD NEED TO BE REMOVED.

>> SO YOU HAVE A VERY CONFINED SPACE BETWEEN THE BACK PATIO

AND THE RETAINING WALL? >> A VERY CONFINED SPACE AS

MISS SPIEGEL CAN TELL YOU. >> WHAT I AM LOOKING AT IS WE HAVE THE PATIO GOING TO THE RIGHT. IS THAT THE RETAINING WALL THAT SETBACK, THE SQUIGGLY LINE IS THE RETAINING WALL.

>> AND YOUR PROPERTY LINE IS BEHIND THAT?

>> YES. >> OKAY. THAT IS WHAT I WAS

LOOKING AT. >> WHEN WE SAW THE PROPERTY THE FIRST TIME WE THOUGHT ABOUT DOING A STRAIGHT WALL BUT THAT DOES ADD SOME AESTHETIC VALUE . IT IS IMPORTANT TO NOTE THAT MY NEIGHBOR TO THE NORTH DOES NOT HAVE A RETAINING WALL SO SHE IS COMPLETELY EXPOSED TO THE DUNE. MY BIGGEST FEAR IS THAT WE PUSH THE WALL BACK HERE AND WE GET SPILLOVER INTO HER BACKYARD COMPROMISING THE PROPERTY. AT 5313 IT IS TEETERING ON THE TOP

OF THE DUNE. >> SO, ON THE NORTH SIDE OF YOUR PROPERTY IS THERE A RETAINING WALL?

>> NO, SIR. >>

>> SIMILAR TO THE PRIVACY PET FENCE ON THE SOUTH SIDE, THE PROPERTY IS EXTREMELY PRIVATE WITH TALL FENCES AND DEFENSE RUNS THE LENGTH OF THE PROPERTY.

>> WHAT I SEE FROM THE ROAD CONTINUES?

>> YES, SIR. >> ANY FURTHER QUESTIONS? IF ANYONE IS HERE IN THE AUDIENCE TO SPEAK ON ITEM NUMBER ONE,

PLEASE COME FORWARD. >> I AM JIM WILSON AND I LIVE AT 553 AIKEN STREET. WE ARE VERY OPPOSED TO THIS.

>> CAN YOU PULL THE MICROPHONE DOWN PLEASE?

>> I KEEP HEARING 27 PETE FROM THE PROPERTY BUT IT WILL BE 3 FEET FROM THE PROPERTY. IT IS OWNED BY AN LLC AND WE UNDERSTAND THIS TO BE THE ADDRESS OF THE PEOPLE THAT OWN THE LLC. THE CORPORATION, THEY OWN THE PROPERTY. THIS IS USUALLY SOMETHING YOU FIND WITH INVESTMENT PROPERTIES. THE -- HE IS CLAIMING A HARDSHIP BECAUSE OF THE LOT SIZE BEING 50 FEET. EVIE -- EVERY PROPERTY , OVER TWO MILES OF LOTS HAVE A 50 FOOT LOT AND EVERYBODY HAS BEEN ABLE TO BUILD HOUSES ON THEM WITHOUT A VARIANCE. THIS IS 80 FEET FROM THE SETBACK.

THE HOUSE WAS BUILT BACK THERE AND IT WAS WOODED FOR YEARS

[00:20:01]

BECAUSE THE OWNERS OF THAT HOUSE WANTED TO BE ISOLATED FROM THE NEIGHBORS. THERE IS NOT A HARDSHIP WITH THE PROPERTY. THIS ONE IS DEEPER THAN EVERYWHERE ELSE. MY WIFE OWNS A 50 FOOT LOT AND IT IS ONLY 105 FEET AND THIS ONE IS 170 METERS. THEY BROUGHT -- BOUGHT THE PROPERTY WITH KNOWLEDGE OF THIS AND THEY FEEL THAT THE CORPORATION JUSTIFY THE APPLICATION. I AM A LAWYER AND THEY SAY LAWYERS SHOULD NOT REPRESENT THEMSELVES. I SHOULD NOT BE DOING THIS BUT IN ANY EVENT, THE LETTERS SUBMITTED WERE FROM PEOPLE THAT WILL NOT BE AFFECT DID. MY HOUSE IS BETWEEN ONE OF THOSE HOUSES AND THE OTHER IS A AN AIRBNB HOUSE. WE HAVE TO GO BACK AND LOOK AT THIS. IF THE PROPERTY IS EXCEPTIONALLY NARROW OR ODDLY SHAPED YOU MIGHT BE ABLE TO GET A VARIANCE BUT THERE IS NOTHING ODD ABOUT THIS. THIS EXPENSIVE WALL IS NOT A HARDSHIP EITHER.

THERE IS NOTHING IN HERE THAT WAS A HARDSHIP THAT WAS NOT CREATED BY THE PREVIOUS OWNER INSTEAD OF HOLDING IT CLOSER TO THE ROAD. THEY DID THAT FOR THEIR OWN REASON. IT IS NOT A HARDSHIP . IT IS JUST WHAT THE NEIGHBOR WANTED TO DO. THEY ARE USING THIS AS AN EXCUSE. I HAVE NEVER BEEN NERVOUS IN PUBLIC LIKE THIS IN MY LIFE BUT THANK YOU.

>> THANK YOU. >> MR. WILSON, CAN I ASK YOU A

QUESTION? >> YES.

>> CAN WE GET THE AERIAL PHOTOS POSSIBLY? PAGE 8? I SEE. THERE WAS ANOTHER ONE , THERE WE GO. THERE IS YOUR SWIMMING POOL HIGHLIGHTED IN YELLOW AND I ASSUME THAT IS THE RETAINING WALL PAST THE DECK AND YOU HAVE PROPERTY LINES BEHIND THAT AS

WELL? >> THE RETAINING WALL IS 7 FEET TALL AND IT EXTENDS PRETTY CLOSE TO THE PROPERTY LINE OF THE APPLICANT SO I AM THINKING IT IS GOING TO BE WITHIN 10 FEET OF THE RETAINING WALL BECAUSE MINE EXTENDS FURTHER.

YOU CAN TELL WHERE THE END OF IT IS.

>> SO DOES YOUR RETAINING WALL , DOES IT GO ALL THE WAY TO THE PROPERTY LINE OR JUST BEHIND THE SWIMMING POOL?

>> IT IS BEYOND THE POOL 3 FEET. IT IS NEXT TO THE APPLICANT FENCE. ABOUT 7-10 FEET FROM THE APPLICANT FENCE WHICH WILL END UP BEING 2 FEET FROM OUR PROPERTY LINE.

>> YOU ARE SAYING FROM YOUR HOUSE?

>> YES. >> SO, THAT RETAINING WALL, YOU

HAVE ONE ACROSS THE BACK? >> ALL THE WAY ACROSS, YES. IT IS 7 FEET TALL AND DIRECTLY BEHIND US THE SWIMMING POOL AND THEN PASS THE L-SHAPED PART OF THE HOUSE, IT IS 10 FEET TALL.

>> IS THERE ANYONE ELSE HERE TO SPEAK ON ITEM NUMBER ONE?

>> GOOD AFTERNOON. MY NAME IS LYNN ATLAS AND I LIVE IT 5342 A1A NEXT TO MR. AND MRS. WILSON EVERYBODY SEEMS TO BE TALKING ABOUT RETAINING WALLS AND I WOULD LIKE TO POINT OUT ONE THING. MR. AND MRS. WILSON DID HAVE THE RETAINING WALL REPAIRED OR REPLACED SEVERAL YEARS AGO. WHILE THAT CONSTRUCTION WAS GOING ON, THEY DID FLIP INTO MY BACKYARD .

WHEN YOU IMPACTED BE DUNES, BECAUSE THEY ARE SAND, THEY WILL SLIP AND THAT IS WHY I DO SUPPORT PUTTING A SWIMMING POOL ON THE SIDE OF THE KING HOUSE, WHICH I HAVE BEEN TOO MANY TIMES. I REALLY FEEL LIKE THAT IS THE BEST LOCATION FOR THE POOL. THERE IS NO BRICKWORK AND THE EXCAVATION SHOULD BE SIMPLE

[00:25:05]

AND I DON'T THINK IT WILL CAUSE DAMAGE TO THE WILSON HOME. ANOTHER POINT MADE ON THE OPPOSITION SIDE IS WHERE THEY SAID THERE WAS A LOT OF NOISE. WE ARE SURROUNDED BY A AIR BNB'S. ONE NEXT TO ME HOUSES A LOT OF YOUNG PEOPLE WILL LIKE A HOSTILE. BUT THE KINGS ARE VERY RESPECTABLE PEOPLE TO HAVE IN THE NEIGHBORHOOD. I KNOW FROM MEETINGS WITH THEIR PARENTS THAT IT IS THEIR PERMANENT RESIDENCE AND THEY DO PLAN ON LEAVING HERE PERMANENTLY OTHERWISE THEY WOULD NOT HAVE THEIR PARENTS MOVE. AS FAR AS THE DEVALUATION IS CONCERNED, IN 2018 THAT HOUSE SOLD FOR $399,000. IN 2019, $400,000.

2021, $800,000 AND 2023, PURCHASED FOR $975,000. THERE IS NO SUCH THING AS DEVALUATION IN THIS NEIGHBORHOOD. AT THE SWIMMING POOL WOULD INCREASE THE VALUE OF THAT HOUSE AND MINE. JAMES JUNIOR ALSO HAD OPPOSITION AND I WOULD LIKE TO POINT OUT THAT JAMES JUNIOR HAS SEVERAL RENTAL PROPERTIES OF HIS OWN INCLUDING AN AIRBNB WITH A SWIMMING POOL. I SERIOUSLY HOPE THAT YOU CONSIDER THAT THIS YOUNG COUPLE WANTS TO STAY IN THE NEIGHBORHOOD AND THEY WANT TO HAVE A SWIMMING POOL AND ENJOY LIFE AT THE BEACH LIKE THE REST

OF US. >> IS ANYONE ELSE HERE TO SPEAK ON ITEM NUMBER ONE? OKAY, MR. KING , WOULD YOU LIKE TO COME

UP AND RESPOND? >> THANK YOU. THE ONLY THING I FORGOT WAS THE DECLARATION OF DOMICILE ON RECORD WITH THE CLERK. WE TRACK OUR LOCATION EVERY SINGLE DAY TO MAKE SURE THAT WE ARE PLEASE STAY PUT. MISS SPIEGEL.

>> HELLO. >> WELCOME TO ST. AUGUSTINE. WE HOPE IT MEETS YOUR EXPECTATIONS.

>> IT IS WARM DURING THE WINTER.

>> WELL, MY MAIN THRUST WHEN I SIT IN THIS CHAIR AND WATCHING IS THE COMMUNITY AND I REALLY AM AN ADVOCATE OF COMMUNICATION AND TRYING TO DIVIDE THE BABY, IF YOU WILL, IN A WAY THAT MAKES EVERYONE HAPPY. A FEW THINGS BROUGHT UP, THESE ARE STATEMENTS THAT WILL LEAD TO QUESTIONS, BUT YOUR YOU ARE A NICE LOVELY QUIET COUPLE AND YOU PLAN TO LIVE HERE BUT THINGS CHANGE AND HOUSES SO. HAVING A SWIMMING POOL RIGHT BETWEEN THE WALL OF YOUR HOUSE THAT CLOSE IN THE ENCLOSED SPACE WITH A WOODEN FENCE AND ANOTHER SMALL YARD AND THEN A BEDROOM, SWIMMING POOLS ARE A LOT MORE NOISY THAN HOT TUBS.

LET'S SAY YOU HAVE TRIPLETS. AND WE ARE GOING FOR A LONG SWAM, IT CAN BE NOISY. THE WILSON'S HAVE LIVED IN THAT HOME FOR 25 YEARS. SO 10 YEARS FROM NOW IT COULD BE A CHALLENGE FOR THEM. SO WE CANNOT BASE A VARIANCE ON YOUR CHARACTER AS FAR AS YOUR CONTENTION -- INTENTIONS. WE HAVE TO CONSIDER WHAT COULD HAPPEN. THERE ARE THINGS TO CONSIDER. CAN YOU EXPLAIN TO ME WHY THE SWIMMING POOL COULD NOT BE SHIFTED FORWARD TOWARDS THE FRONT YARD. NOT IN THE FRONT YARD. THIS LOCATION IS GREAT AND YOUR YARD IS FABULOUS AND I THINK IT WOULD BE GOOD TO HAVE A SWIMMING POOL THERE BUT CONSIDERING THE POTENTIAL AND COMPATIBILITY WITH THE NEIGHBOR THE SWIMMING POOL DOWN TOWARDS THE FRONT YARD AND AWAY FROM

[00:30:01]

THE BAFFLED BETWEEN YOUR WALL AND THERE WALL TO POSSIBLY REDUCE THE NOISE? IS THERE A POSSIBILITY THAT YOU AND THE WILSON'S COULD DISCUSS THESE CHANGES? AS SOME POSSIBLE ALTERNATIVES. I DON'T KNOW IF HE IS WILLING TO DO THAT BUT

THAT IS MY QUESTION. >> I APPRECIATE THE COMMENT. I AM GOING TO TRY TO USE THIS TOUCHSCREEN. IF I UNDERSTAND CORRECTLY, I'M JUST GOING TO DRAW A LINE ON HERE, IS YOUR QUESTION RELATED TO MOVING THE SWIMMING POOL IN THAT

DIRECTION? >> YES.

>> WE COULD DO THAT. WE PLACED IT AWAY FROM THE RETAINING WALL SO WE DON'T IMPACT THAT AREA AND IT MAXIMIZES THE DISTANCE BUT ONE THING WE COULD DO IS SHORTEN THE SWIMMING POOL SO INSTEAD OF 30 FEET, 25 FEET AND THEN WE INCREASE THE DISTANCE AS WELL. WE HANG OUT IN THIS AREA RIGHT HERE TYPICALLY. WE HAVE A SMALL FIRE PIT AND OUR DOG SITS OUT THERE WITH US.

THIS IS THE ZONE WHERE EVERYONE HANGS OUT SO IT IS MY ANTICIPATION THERE WOULD NOT NOISE WITHIN EARSHOT OF THAT BEDROOM. WE ARE IN BED BY 10:00 EVERY SINGLE NIGHT. SO, I CAN UNDERSTAND THE INTENT AND I CAN ASSURE YOU THAT WE JUST LIVE IN OUR HOUSE AND ENJOY IT. SO, DIRECT TO YOUR QUESTION, WE COULD SLIDE IT BUT IT WOULD INCREASE THE DISTANCE FROM THEIR HOME. RIGHT NOW THE SWIMMING POOL IS 3 FEET SIX INCHES OFF THE WATERS EDGE. ONE CONCERN THAT I HAVE IS OUR NIECE AND NEPHEW JUMPING INTO A NARROW SWIMMING POOL THAT COULD BE PLACED IN THE SETBACK BUT THAT WOULD BE UNSAFE. ANOTHER OPTION IS TO REDUCE THE SETBACK TO 4 FEET . THAT WOULD DECREASE THE WIDTH OF IT BUT STILL MAKE IT SAFE. ANY FOLLOW-UP?

>> SO, THE LOCATION THAT I WAS PICTURING IS YOU HAD THAT SLAB THERE AND THE SWIMMING POOL BEING IN THAT REGION WHERE IT IS NOT RIGHT NEXT TO THEIR HOUSE. AND I UNDERSTAND YOUR LIVING AREA IS IN THE BACK AND YOU WANT YOUR SWIMMING POOL TO BE BACK THERE . I'M JUST OFFERING OPTIONS.

>> THAT IS A GOOD QUESTION. ONE LIMITING FACTOR IS RIGHT HERE .

>> THE TREE? >> THE TREE REALLY HELPS.

HONESTLY, WHEN WE PULLED UP TO THE HOUSE THIS FIRST TIME WE SAW INCREDIBLE BIRDS OF PARADISE AND THE PRIVACY OF THE HOME IS TRULY DICTATED BY THE FACT THAT IT IS PUSHED BACK A BIT. THERE TRULY IS A GOOD LIVING AREA IN THE BACKYARD.

>> THAT WOULD HURT THE TREE AND I DON'T WANT TO HURT THE TREE.

I DO AGREE WITH YOU ON THE DUNES. KEEPING THINGS AS STABLE AS YOU CAN. IT IS WORKING SO FAR AND YOU DON'T WANT TO MESS WITH SOMETHING THAT IS WORKING.

>> THE OTHER THING TO NOTE IS IF YOU PUSH THAT CLOSER TO THAT LOCATION, THERE IS EXTENSIVE PLUMBING THERE. WE RECENTLY HAD TO DO PLUMBING WORK SO WE ARE VERY FAMILIAR WITH WHERE THE PLUMBING IS. THE MAIN WATER LINE COMES HERE AND CIRCLED HERE IS A MANHOLE COVER AND WHEN THE HOME REMOVED ITS SEPTIC TANK IT PLUGGED INTO THE WATER SYSTEM SO THAT CIRCLE THAT I JUST MADE COMES DIRECTLY FROM THEIR HOUSE. WE SUSPECT THE DRAIN LINES COME FROM HERE AROUND HERE SO MOVING IT WOULD BE DIFFICULT FROM THAT PERSPECTIVE.

>> IT SOUNDS LIKE YOU HAVE BEEN VERY THOUGHTFUL IN YOUR PLANNING. SO, I AM SURE EVERYBODY ELSE HAS QUESTIONS BUT MY HOPE WOULD BE THAT WE COULD COME TO A CONSENSUS THAT MAYBE EVEN THE WILSON'S COULD HAVE A DISCUSSION ABOUT SOME

POSSIBLE CHANGES. >> YES. THAT WOULD HELP ME.

[00:35:03]

>> THE COMMENTS FROM THE COMMUNITY ARE VERY RELEVANT. WE KNOW QUITE A FEW FOLKS IN THE AREA AND WE WANT TO BE A GOOD

NEIGHBOR. >> THANK YOU.

>> MR. MATOVINA >> WHAT ARE THE PLANS FOR

LIGHTING? >> NOTHING. WE ONLY HAVE STRING LIGHTS THAT EXISTED WHEN WE MOVED THERE. ALONG THE PRIVACY WALL TO THE HOT TUB ARE ADDITIONAL STRING LIGHTS. THE ONLY COMPLAINT WE HAVE EVER RECEIVED ON THE PROPERTY IS DUE TO FLOODLIGHTS. WE HAD DUAL SWITCHES WITH FLOODLIGHTS IN THE BACK AND THE REAR AND WE HAD FRIENDS OVER FOR THANKSGIVING LAST YEAR AND THEY INADVERTENTLY FLIPPED A SWITCH AND LEFT THE FLOODLIGHTS ON ALL NIGHT LONG BLASTING IN OUR NEIGHBORS BEDROOMS. WE RECEIVED THAT COMPLAINT AND HAD AN ELECTRICIAN OUT AND TURNED OFF THAT DOUBLE SWITCH. WE WILL NOT

ADD ANY ADDITIONAL LIGHTING. >> ANY OTHER QUESTIONS? ALL

RIGHT. BACK TO THE AGENCY . >> I WOULD LIKE TO SEE IF WE HAVE CONSENSUS AND IF MR. WILSON IS WILLING TO HAVE A CONVERSATION IN THE CONFERENCE ROOM.

>> IF THAT IS THE DIRECTION OF THE AGENCY I WOULD BE HAPPY TO

[2. SUPMIN 2024-05 460 Aiken Street Mobile Home. Request for a Special Use Permit to allow for the placement of a Manufactured/Mobile Home as a residence in Residential, Single Family (RS-3) zoning, pursuant to Land Development Code, Section 2.03.08, specifically located at 460 Aiken Street,]

CHECK AND SEE IF THAT IS AN OPTION.

>> IS THAT OKAY WITH YOU? >> WE ARE ALWAYS OPEN TO TALK.

CAN WE TABLE THIS AND GIVE YOU THE OPPORTUNITY TO SPEAK WITH MR. WILSON AND WHEN YOU ARE READY TO TALK, IF WE ARE NOT IN THE MIDDLE OF ANOTHER AGENDA ITEM WE WILL MOVE ON TO YOURS.

>> OKAY. >> WE ARE GOING TO MOVE ON TO ITEM NUMBER TWO. DO WE HAVE ANY EX PARTE?

>> I HAD A SITE VISIT. >> OKAY. MISS SMITH.

>> MY NAME IS BRENDA AND I WILL BE PRESENTING THE COURT TODAY.

-- THE CASE TODAY.

>> MA'AM! MA'AM! OKAY. I AM SORRY ABOUT THAT.

>> I HAVE BEEN WORKING WITH MR. SMITH SEVERAL YEARS THROUGH THE PROCESS OF GETTING A MOBILE HOME IN THIS DISTRICT. THIS IS THE LOCATION, 460 AIKEN STREET. THESE ARE ALL MOBILE HOMES IN THE NEIGHBORHOOD. THESE ARE PICTURES OF THE NEIGHBORS.

THERE ARE SEVERAL THE LAST KNOWN INDIVIDUAL THAT OWNED THE PROPERTY WAS -- IN 1975. ON AVERAGE TAXES WERE ONLY $200 PER YEAR. DEVELOPING THE PROPERTY CREATED MORE REVENUE .

I DO NOT BELIEVE THAT DEVELOPMENT WILL CREATE ANY HARDSHIP TO SAVE THE MONEY AND THEIR TRAILER IS OUT OF MORTGAGE. AT THIS POINT IN TIME THEY ARE READY TO MOVE AND WE HAVE A PERMIT. AT THIS POINT WE ARE JUST ASKING FOR ANOTHER YEAR OR

TWO. >> ANY QUESTIONS? IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM NUMBER TWO. SEEING

[00:40:02]

NONE, WE WILL GO TO THE AGENCY FOR A MOTION.

[3. MINMOD 2024-05 473 Servia Drive Pergola & Deck. Request for a Minor Modification to the Durbin Crossing PUD (Ordinance 2004-07, as amended) to allow for reduced Side Yard setbacks to accommodate an existing pergola and deck.]

>> I WILL MAKE A MOTION TO APPROVE SUPMIN 2024-05 460 AIKEN STREET MOBILE HOME BASED UPON EIGHT FINDINGS OF FACT AND 10 CONDITIONS AS PROVIDED IN THE STAFF REPORT.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. PLEASE REGISTER THE VOTE. THE MOTION PASSES

>> OKAY. LET'S MOVE ON TO ITEM NUMBER THREE.

>> GOOD AFTERNOON. I AM THE OWNER OF 473 SERVIA DRIVE. THIS WAS BUILT IN 2020 AND APPROVED BY THE HOA. AS I MENTIONED BEFORE, WE WANT TO REDUCE THE SIDE SETBACK FOR A DECK AND THIS IS THE AERIAL VIEW ON THE SIDE OF THE PROPERTY. I AM REQUESTING TO REDUCE 2 FEET FROM THAT LINE CITING THE FUNCTIONALITY AND INTEGRITY OF THE PROPERTY. LESS THAN THAT WILL IMPACT THE AESTHETIC AND FUNCTIONALITY. HERE IS WHAT I AM PLANNING TO DO. ON THE PROPERTY LINE I AM TRYING TO MAXIMIZE THE SPACE. IT WAS COMPLETED BY THE HOA AND I WOULD LIKE TO MOVE THE DECK 2 FEET FROM THE PROPERTY LINE AND THEN THE BEAM WILL BE ONE FEET FROM THE PROPERTY LINE. THAT IS IT. I DO HAVE HERE APPROVAL BACK IN SEPTEMBER 2020.

>> THIS IS THE APPROVAL FROM THE HOA?

>> YES. >> AND IT WAS APPROVED AS IT IS

BUILT RIGHT NOW? >> YES. WHAT I SUBMITTED TO THE HOA AND I HAVE THE SURVEY HERE OF THE AREA.

THIS IS WHAT I SUBMITTED BACK IN JULY OF 2020.

>> OKAY. DO WE HAVE ANY EX PARTE?

>> SO, YOUR INTENTION IS, I WAS OUT THERE AND I LOOK AT THE PERGOLA AND YOU ARE JUST GOING TO CUT OFF 2 FEET OF THE DECK.

THESE PROPERTY OWNERS PURCHASED THE PROPERTY AFTER THE PERGOLA

WAS IN PLACE? >> YES.

>> AND MOVE THE OVERHEAD PART?

>> YEAH. BASICALLY CUT OFF A LITTLE BIT OF THE BEAM. IT WILL BE ONE FOOT FROM THE

>> THOSE SLATS LOOK A LITTLE BIT IN DISREPAIR SO YOU MAY CONSIDER REPLACING THOSE. OKAY. ON THE OTHER SIDE, HOW FAR ARE

YOU FROM THAT PROPERTY LINE? >> IT IS ALMOST 5 FEET. BUT IT IS A NARROW SPACE. THE NEIGHBORS USE THE WHOLE SPACE THAT THEY HAVE AND THEY FENCE THE AREA AND WE CAN IMPROVE IT

TO MAKE IT LOOK NICER. >> COOL AND I WOULD LIKE TO HAVE A THING LIKE THAT IN MY YARD BUT I CAN UNDERSTAND IT MIGHT BE A PROBLEM FOR THE NEIGHBORS.

THANK YOU COUGH SYRUP. >> ANY OTHER QUESTIONS? SEEING

[00:45:06]

NONE, IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM NUMBER THREE ? WE ARE BACK TO THE AGENCY FOR A MOTION. MR.

GREEN . >> SEEING NOBODY OBJECT IT AND THE HOA APPROVED IT, I WILL MAKE A MOTION TO APPROVE MINMOD 2024-05 473 SERVIA DRIVE PERGOLA AND DECK BASED ON SIX

[4. MINMOD 2024-15 V-Pizza Longleaf Pine Parkway. Request for a Minor Modification to the Durbin Crossing PUD (ORD. 2004-7, as amended) to increase commercial development rights for parcel 023630-0083 from 44,561sq. ft. to 46,561 sq. ft. to allow for the construction of an 8,000 ft. V-Pizza restaurant with an outdoor patio and bar.]

FINDINGS OF FACT AND SUBJECT TO SEVEN CONDITIONS, AS PROVIDED

WITHIN THE STAFF REPORT. >> WE HAVE A MOTION FOR APPROVAL. DO WE HAVE A SECOND?

>> SECOND. >> IN THE DISCUSSION? SEEING NONE, PLEASE REGISTER THE VOTE. THE MOTION PASSES. THANK YOU.

ON TO ITEM NUMBER FOUR. IS THERE ANY EX PARTE?

>>

>> I AM CHRISTINA EVANS. THIS IS A MODIFICATION REQUEST FOR THE COMMUNITY. IT HAS A LAND USE OF RESIDENT-C. THIS PARCEL IS 10 ACRES AND LOCATED WITHIN THE VILLAGE CENTER THAT IS 74,000 SQUARE FEET OF RETAIL COMMERCIAL DEVELOPMENT. ALREADY DEVELOPED WITH THE DURBIN CROSSING STATIONS TO THE WEST AND THE EASTERN PORTION OF THIS PROPERTY. THE ENDOSCOPY CENTER IS ABOUT -- SQUARE FEET AND THEWOULD LIKE 8000 MORE SQUARE FEET. SO, RIGHT NOW THEY HAVE DEVELOPMENT RIGHTS FOR THE 6000 SQUARE FEET RESTAURANT AND BAR AND THE ADDITIONAL 2000 FEET WOULD BE OUTDOOR PATIO SEATING. IF YOU ARE FAMILIAR WITH THE LOCATION IT IS IN THE BOTTOM LEFT-HAND CORNER AND THERE IS OUTDOOR PATIO SEATING RIGHT NEXT TO THE LARGE GRAY AREA.

THIS REQUEST MEETS THE CONDITIONS OF A MINOR MODIFICATION AND THERE ARE NO CHANGES TO THE PARKING STANDARDS ACCESS OR SETBACKS AND THEY ARE NOT ASKING FOR MORE THAN 2000 SQUARE FEET THAT WOULD REQUIRE A MAJOR MODIFICATION. THE ADDITIONAL CAR TRIPS USING THE COMMERCIAL GENERATOR ONLY INCREASES ABOUT 3% AND AS STAFF NOTED , THIS ACTUALLY REDUCES THE TRIP SLIGHTLY AND IS CONSISTENT WITH THE MAXIMUM INTENSITY OF 12,000 SQUARE FEET PER ACRE AT ONLY 4200 AND IS COMPATIBLE WITH THE MIXED-USE IN THE DURBIN CROSSING AREA. I AM AVAILABLE FOR QUESTIONS.

>> ANY QUESTIONS? SEEING NONE, DO WE HAVE A MOTION FOR

APPROVAL? >> I WILL MAKE A MOTION TO

[5. MINMOD 2024-14 Shoppes of Mill Creek Signage. MINMOD 2024-14 Shoppes of Mill Creek Signage, Request for a Minor Modification to the Shoppes at Mill Creek Forest Unified Sign Plan (Ordinance 2018-45, as amended) to correct a scrivener's error on the Signage Standards Table to match the text, so that Outparcel Building Signage shall be in accordance with Land Development Code Section VII]

APPROVE MINMOD 2024-15 V-PIZZA LONGLEAF PINE PARKWAY BASED UPON SIX FINDINGS OF FACT AND SUBJECT TO SEVEN CONDITIONS, AS PROVIDED WITHIN THE STAFF REPORT.

>> WE HAVE A MOTION FOR APPROVAL. DO WE HAVE A SECOND?

[00:50:02]

ANY DISCUSSION? SEEING NONE, PLEASE REGISTER THE VOTE. THE MOTION PASSES. THANK YOU, MS. EVANS. ON TO ITEM NUMBER FIVE.

IS THERE ANY EX PARTE? >> JUST A SITE VISIT. I DON'T SEE MISS CASEY DENDOR. IS THE APPLICANT HERE FOR ITEM NUMBER

FIVE? >> GOOD AFTERNOON. I AM FILLING IN FOR CASEY DENDOR. I AM THE VICE PRESIDENT OF PLANNING AT -- AND MY ADDRESS IS 14775 IN JACKSONVILLE. CAN WE GO TO THE NEXT ITEM THIS REQUEST IS A MINOR MODIFICATION TO THE SHOPPES OF MILL CREEK SIGNAGE. MORE SPECIFICALLY THE UNIFIED SIGNAGE PLAN. THE SUBJECT PROPERTY IS HIGHLIGHTED IN YELLOW ON THE LEFT AND IS ON EITHER SIDE OF THE PARKWAY AND IN THE AERIAL PHOTO ON THE RIGHT YOU CAN SEE THE LEFT SIDE OF LONGLEAF PINE PARKWAY -- AND ON THE EAST SIDE OR THE RIGHT SIDE ARE A NUMBER OF PARCELS THAT ARE IN SOME FORM OF BEING UNDER CONSTRUCTION. WE WERE IN THE PROCESS OF PERMITTING ON THE SOUTHEAST CORNER ALONG THE PARKWAY. WHEN THE SIGNAGE ISSUE CAME UP. AGAIN, THE MODIFICATION ONLY APPLIES TO THE SIGNAGE PLAN WITHIN THE PUD AND SPECIFICALLY THE SIGNING STANDARDS TABLE RELATED TO OUT PARCELS. THE CLARIFICATION IS TO SPECIFY THE STANDARDS FOR GROUND AND MONUMENT SIGNS.

OVERALL THERE IS NO INCREASE IN SIGNAGE. THERE IS ACTUALLY A DECREASE. STAFF HAS HAD SOME DIFFICULTY ADMINISTERING PARTS OF THE UNIFIED SIGNAGE PLAN SO THEY ARE REQUESTING THAT WE PROCEED WITH A MINOR MOD SO THAT IS WHY WE ARE HERE TODAY.

THIS IS THE SPECIFIC CHANGE IN THE RED LINES. YOU CAN SEE THE TENANT SIGN FOR OUT PARCELS AND THAT WAS A BIT CONFUSING IN TERMS OF A FREESTANDING SIGN AND MULTITENANT BUILDINGS SO WE PUT THIS IN TWO SEPARATE CATEGORIES. ONE DEALS WITH A MONUMENT SIGN AND THAT THE STANDARD FOR THAT IS MAXIMUM 100 SQUARE FEET OF ADVERTISING AREA AND A MAXIMUM OF 10 FEET HEIGHT. THE OTHER STANDARD IS FOR BUILDING SIGN THAT IS CONSISTENT WITH LAND DEVELOPMENT CODE. YOU CAN SEE THE SIGNED TYPE, THE NUMBER OF SIGNS UP AND DOWN THE STREET FRONTAGE AND THE MAXIMUM SIGN IS UNDER 50 SQUARE FEET. WE ARE REDUCING THAT WITHIN THE SIGNAGE PLAN. FOR BUILDING SIGNS THE STANDARD WILL BE THE SAME FOR THIS MODIFICATION. IT IS 1.5 SQUARE FEET PER LINEAR FOOTAGE OF A BUILDING. THESE GRAPHICS ARE INTENDED TO GIVE YOU SOME PERSPECTIVE FOR WHAT THIS WILL LOOK LIKE FROM THE PUBLIC ROADWAY AND THE ONE ON TOP IS IN THE INITIAL PLANNING STAGE AND THE MATURITY SHOWS THE WE ARE JUST CLARIFYING THE SIGNAGE ONLY FOR OUT PARCELS IN THE PUD AND IT IS CONSISTENT WITH THE DEVELOPMENT PLANS AND THE PUD ITSELF. WE DO HAVE A RECOMMENDATION OF APPROVAL FROM

[00:55:06]

THE STAFF. I WILL ANSWER QUESTIONS.

>> ARE THERE ANY QUESTIONS? SEEING NONE, IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM NUMBER FIVE ? SEEING NONE, WE ARE BACK TO THE AGENCY FOR A MOTION. MR. GREEN .

>> YES . I WILL MAKE A MOTION TO APPROVE MINMOD 2024-14

[6. REZ 2024-08 U-Haul of Palencia. Request to rezone approximately 1.85 acres of land, located at the northeast corner of the US 1 North and Stokes Landing Road intersection, from Commercial General (CG) to Commercial Warehouse (CW) with conditions to allow for a Self-Storage and Rental Vehicle facility]

SHOPPES OF MILL CREEK SIGNAGE BASED UPON SIX FINDINGS OF FACT AND SUBJECT TO SEVEN CONDITIONS, AS PROVIDED WITHIN

THE STAFF REPORT. >> OKAY. WE HAVE A MOTION FOR APPROVAL. DO WE HAVE A SECOND?

>> SECOND. >> ANY DISCUSSION? PLEASE REGISTER THE VOTE. THE MOTION PASSES . LET'S MOVE ON TO ITEM

NUMBER SIX. >> MS. TAYLOR, IT IS ALL YOURS.

>> KAREN TAYLOR 77 -- STREET AND WITH ME IS BRIAN MAN AND -- WITH -- ENGINEERING SO THEY CAN HELP IF I CAN'T ANSWER QUESTIONS. THE REQUEST HERE IS TO REZONE 1.85 ACRES ALONG INAUDIBLE ] ROAD. THIS IS A PICTURE OF IT. THIS WAS KIND OF A CONVENIENCE STORE AND HAD A BAR OUT IN FRONT OF IT FOR YEARS. IT HAS A LONG-TERM REPUTATION HERE. THE U-HAUL FOLKS HAVE PURCHASED IT TO BE A SHOWROOM, OFFICES, AND WAREHOUSE SPACE FOR THE NEW BUSINESS THEY ARE CONSTRUCTING ADJACENT TO THE FACILITY. THE LOCATION IS ON THE NORTH SIDE OF STOKES LANDING ROAD. SO, OR ON THE SOUTH SIDE. YOU CAN SEE HOW IT RELATES TO PARKWAY AND THAT GIVES YOU A CLOSER LOOK, IT IS NORTH OF THE DOLLAR GENERAL STORE. THE STOKES LANDING RESIDENTIAL TOWNHOMES. THERE ARE ALSO INDUSTRIAL USES AND THE ROAD BEHIND STOKES LANDING ROAD IS RESIDENTIAL .

TO THE WEST, MOST OF IT IS VACANT. THE VERY TIP OF CORDOVA PALMS IS OPEN IS MIXED-USE IN VARYING INCLUDING INDUSTRIAL ACROSS CORDOVA PALMS. SURROUNDING ZONING AND THIS IS KIND OF THE SAME OUTWARD THING TO SHOW YOU THE VARIETY OF ZONING ALONG THERE. IT IS ALL SORTS OF DIFFERENT THINGS AND RIGHT NOW IT IS COMMERCIAL GENERAL BUT THERE IS COMMERCIAL WAREHOUSE, GENERAL, PUD. AND THEN JUST GIVING YOU THAT PARCEL INAUDIBLE ] IMMEDIATELY ADJACENT. SO, SO YOU CAN KIND OF SEE THE ONES THAT ARE ADJACENT AS WELL, THE BALANCE INAUDIBLE ] I GUESS, IS THAT NOT WORKING? ANYWAY, THE BALANCE OF THE PROPERTY TO THE NORTH ALONG U.S. ONE , THIS MAY HAVE BEEN REZONED. IT HAS A CW AND SOME IW AS WELL. THE REQUEST IS TO REZONE THE 1.85 ACRES . THAT IS PART OF THE 12.2 ACRES BUT THAT IS NOT BEING REZONED. THAT HAS A LOT MORE FRONTAGE AND IT IS ONLY THESE 800 FEET ON THESE TWO

[01:00:05]

SMALL PARCELS THAT HAS BEEN USED FOR THE MARKET FOR YEARS.

THEY CLOSED DOWN A NUMBER OF YEARS AGO AND IT HAS BEEN A PLACE FOR U-HAUL SALES AND RENTALS AND THINGS LIKE THAT OVER THE YEARS, GRANDFATHER TYPE USE OR WHATEVER. THE U-HAUL FOLKS PLAN TO USE THIS SITE. THEY GOT A BUILDING PERMIT FROM THE COUNTY TO REMODEL THE INTERIOR OF IT. IT WAS LISTED AS COMMERCIAL SO IT WENT THROUGH AND UNTIL THEY DECIDED THEY NEEDED TO PUT A NEW SIDEWALK TO THE BUILDING TO A DIFFERENT LOCATION FOR THE DOOR IS WHEN THIS CAME UP AND THEY SAID WE NEED A HIGHER ZONING CATEGORIES SO THAT IS WHY WE ARE HERE TODAY, TO DO THAT. THERE IS ACCESS ON STOKES LANDING ROAD. I THOUGHT THEY WERE ALIGNING WITH DOLLAR GENERAL BUT THAT IS A BIT FAR FOR THIS. THAT IS SOMETHING BETWEEN THE COUNTY AND THE ENGINEER TO WORK OUT WHERE THAT WILL BE BUT ONE THING REALLY NICE ABOUT IT IS, RIGHT NOW, IT IS CONCRETE ALL THE WAY DOWN IN FRONT OF THE BUILDING TO THE ROAD ALONG STOKES LANDING AND CONCRETE FROM THE ROAD , THE BUILDING TO HIGHWAY 1 AND THAT WILL BE REPLACED WITH LANDSCAPING SO WHAT WILL LOOK NICER THAN IT HAS OVER THE YEARS. THERE IS MORE INFORMATION ABOUT THE FACILITY ONLY FOR RELATIONSHIP AND I DO HAVE PICTURES FOR YOU. THIS KIND OF EXPLAINS WHAT I JUST EXPLAINED ABOUT THE ZONING ON THE OTHER PIECES OF PROPERTY AND WHAT WILL REMAIN. THE THING THAT IS KIND OF UNIQUE IN THIS SITUATION IS THEY OWN THIS PIECE OF PROPERTY BUT IT IS ZONED O.R. BUT THAT WILL NOT CHANGE. THIS IS THE SITE PLAN FOR THE SITE. AND AS I SAID, THE AREA -- WHERE DID THAT GO? OKAY. I AM NOT SURE. TO THE RIGHT IS THE DRIVEWAY THAT I WAS TALKING ABOUT AND IT SHOWS YOU AN ENTRANCE TURNAROUND FOR ACCESS TO THE BUILDING BUT THE REST OF THAT FRONTAGE WILL BE GREEN SPACE. ALONG U.S. ONE AS WELL AND ONE OF THE ENTRANCES YOU CAN KIND OF SEE ON THIS SITE PLAN ON THE NORTH SIDE RIGHT NEXT TO WHERE THE PAVEMENT IS AND THAT 30 FOOT BUFFER WE DO HAVE A 30 FOOT BUFFER THAT HAS A SOLID WOOD FENCE ALONG THAT SIDE AND THERE IS A LITTLE TINY PIECE OF THE WETLANDS ALONG THAT SIDE THAT WILL BE MITIGATED. THIS SHOWS YOU THE RELATIONSHIP TO THAT SITE AND IT KIND OF SHOWS YOU WHAT THEY ARE DOING WITH IT.

WHEN THEY DID THE REZONING A NUMBER OF YEARS AGO THEY LEFT A 25 FOOT PIECE OF OPEN RURAL THAT WOULD NOT BE PART OF THE DEVELOPMENT EXCEPT FOR BUFFER . WE HAVE 40 FEET TOTAL AND FOR ANY OF THE ONES TO THE NORTH OF THIS -- BUT ANYWAY -- MOST OF THIS PARTICULAR SITE IS EITHER RETENTION POND OR THIS OFFICE THAT WOULD NOW HAVE THE 30 FOOT BUFFER AND THAT KEEPS ALL OF THE DEVELOPMENT AWAY FROM THE ADJACENT HOMES. THIS IS IN THE PACKAGE AND IT SHOWS YOU THE WETLANDS AND THERE WAS A QUESTION FROM ONE OF THE NEIGHBORS REGARDING REMOVAL OF THOSE. THOSE WILL ALL BE REMOVED BUT THERE WILL BE A TINY PORTION AND THERE WILL BE A 30 FOOT BUFFER IN THERE. JUST SOME VIEWS ALONG THE FRONT. AND THIS SHOWS YOU THE CONCRETE I

[01:05:07]

WAS TALKING ABOUT. THIS IS STOKES LANDING ROAD AND THIS IS GOING EAST ON STOKES LANDING ROAD AND TO THE EAST IS THE MAILBOX FOR THE FIRST HOUSE THAT IS ADJACENT TO THE U-HAUL AND I AM STANDING AT THE DOLLAR GENERAL. FROM THE DOLLAR GENERAL LOOKING OVER THE STREET, THAT IS PERMANENT ACCESS AS WELL SO KIND OF BACK TO THE INTERSECTION OF US-1.

THAT SHOWS THE AMOUNT OF CONCRETE THAT DID NOT HAVE LANDSCAPE STANDARDS BACK IN THE 60S OR 70S , WHENEVER THIS WAS BUILT. THAT IS ALONG THE FRONTAGE. THIS GIVES YOU LOOKING NORTH AND YOU CAN SEE HOW THE VIEW IS. THEY HAD STARTED ON SOME OF THEIR REMODELING AND THEY STOPPED DOING THAT WHEN THIS WAS FOUND. THAT KIND OF SHOWS YOU THAT BACKYARD . THAT IS A LOT THAT WAS NOT DEVELOPED. THIS IS THE VIEW ALONG MISS SPIEGEL -- US-1 NORTH. THAT IS NORTH TOWN. THAT IS COMING BACK GOING SOUTH AND SHOWS YOU THE TURN LANES.

STOKES LANDING ROAD HAS TURN LANES COMING BOTH WAYS. JUST FOR RELATIONSHIP TO DOLLAR GENERAL THEY ALSO HAVE THEIR OWN VEGETATION AND STUFF AND WORKFORCE HOUSING IS RIGHT BEHIND THAT. SO, THIS IS A MIXED USE DISTRICT ALONG THE CORRIDOR AND IT HAS ALL TYPES OF COMMERCIAL ACTIVITIES. THIS IS A LITTLE UNDER TWO ACRES AND IT IS CONSISTENT WITH THE OTHER ZONING THAT WE HAVE. WE HAVE SUFFICIENT BUFFERING TO THE RESIDENTIAL HOME THAT IS IMMEDIATELY ADJACENT TO THIS ONE BUT WE WANTED TO SHOW YOU THAT AS WELL. AGAIN, THIS SITE SHOWS YOU THE LIMITS OF DEVELOPMENT AND THE CONTROLLED ACCESS THIS HAS NOT HAD IN THE PAST SO THIS WILL BE NICER LOOKING AND IT WILL BE COHESIVE WITH THE DEVELOPMENT THAT THEY HAVE. IT IS CONSISTENT WITH THE LAND DEVELOPMENT CODE WITH ACCESS, PARKING, STORMWATER RETENTION, OPEN SPACE AND LANDSCAPING. CONSISTENT WITH THE GOALS AND POLICIES OF THE COMP PLAN AND MIXED USE DOES ALLOW FOR THIS. THIS INCLUSION IS APPROPRIATE IN THIS DISTRICT. THIS ALLOWS THEM THE FLEXIBILITY TO BE ABLE TO USE IT. WE ARE REQUESTING A RECOMMENDATION FOR APPROVAL AND WE ARE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

>> THANK YOU. ARE THERE ANY QUESTIONS? MR. GREEN.

>> SO YOU ARE REZONING A PART OF A BIGGER PARCEL ? THAT IS

THE WAY I UNDERSTAND IT. >> IT WAS TWO SEPARATE PARCELS.

>> SO, THIS IS JUST A CUTOUT? >> JUST THE TWO ACRES ON THAT

CORNER. 1.58 ACRES. >> SO IT IS JUST A CUTOUT. THAT

IS WHAT I MEANT. >> I WANTED TO TO INCLUDE IT SO

YOU CAN SEE THE RELATIONSHIP. >> OKAY. YES. IS THIS U-HAUL FACILITIES STRICTLY A RENTAL? SOME PLACES HAVE STORAGE AND MAINTENANCE. IS THIS STRICTLY A RETAIL RENTAL LOCATION?

>> THIS HAS SELF STORAGE NOT QUITE AS LARGE AS SOME OF THE

OTHER FACILITIES. >> IT DOESN'T HAVE ANY

[01:10:05]

DECISION-MAKING

>> THE 1.8 ACRES IS BASICALLY SHOWROOM AND RENTAL STORAGE UNITS. BOTTOM LEFT-HAND CORNER, THAT BUILDING WILL ALL BE STORAGE THERE. THERE IS NO MAJOR MAINTENANCE GOING ON ON THIS SITE. THAT IS DONE AT OUR SHOP IN JACKSONVILLE. JUST STABLE MAINTENANCE LIKE CHECKING THE OIL AND THE TIRES.

THINGS LIKE THAT. >> THAT WAS BASICALLY IT. I WAS JUST CURIOUS. I KNOW YOU HAVE FACILITIES ALL THE WAY DOWN TO CONVENIENCE STORES. I WAS JUST CURIOUS. THANK YOU.

>> MY ONLY QUESTION WAS, ARE YOU GOING TO MAKE THIS LOOK NICER? AND IT SOUNDS LIKE YOU WILL. THAT WILL BE APPRECIATED.

>> ANY MORE QUESTIONS? IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM NUMBER SIX?

>>

>> I LIVE AT 120 STOKES LANDING ROAD AND THE AREA OF STOKES LANDING ROAD IS A WORKING-CLASS NEIGHBORHOOD. I WANT TO VOICE THE CONCERNS OF MY NEIGHBORS. AS THE COMMISSIONER I AM HERE TO REPRESENT STOKES LANDING. WE KNOW THAT THERE IS NO STOPPING DEVELOPMENT AND WE DON'T WANT TO IMPOSE ON NEW BUSINESS AND SMALL BUSINESS BUT THERE IS A REASON WE ALL LIVE WHERE WE LIVE. IT ALMOST COST DOUBLE TO LIVE WHERE WE LIVE INSIDE THE SUBDIVISION AND THAT IS BECAUSE OF THE PROPERTY AND THE PRIVACY OF THE PROPERTY. LIKE I SAID, WE ARE NOT TRYING TO STOP THE PLAN BUT WE WANT TO HAVE IN WRITING THAT WE WILL HAVE A 30 FOOT BUFFER THAT REMAINS UNTOUCHED AS IT IS TODAY AND NOT CLEAR-CUT AND THAT APPLIES TO THE 90 FOOT BORDER NORTH OF MY PROPERTY. FOR SOME REASON IT IS NOT ON THE MAP . I CAN SHOW YOU THAT IN JUST A MINUTE. AFTER LOOKING AT THE CONCEPTUAL DRAWINGS WE CERTAINLY DO NOT WANT PEOPLE WALKING AROUND THE STORAGE FACILITIES -- IT SEEMS LIKE IT WILL BE A NICE THING WITH STORAGE FOR BOATS AND RVS AND THE POND BUT OUR SWIMMING POOLS ARE BACK THERE SO WE WANT TO MAKE SURE THAT THE TREES ARE THERE TO GIVE US PRIVACY. WE DON'T WANT PEOPLE THAT LIVE INSIDE OF STORAGE CONTAINERS WATCHING US AND WE ARE WORRIED ABOUT BEING STALKED OR ROB. WE DON'T WANT ANY OF THAT. IF THEY ALLOW THE BOUNDARY TO REMAIN AS IT IS AND THE BOUNDARIES OF THE OTHER HOMES AS WELL THIS WILL ALLOW US TO KEEP OUR WAY OF LIFE AND KEEP OUR PRIVACY. AS INDICATED IN THE PROPOSED CONCEPTUAL DRAWINGS THAT THEY PLAN TO PUT A DRIVEWAY ON THE EAST SIDE OF THE PROPERTY AND IT SHOWS THAT IT WILL BE CLEAR-CUT AND WILL HAVE FLAT GRASS AS A 30 FOOT BUFFER. THIS DOES NOT APPEAR TO BE UP TO CODE WITH CLEARCUTTING AND PLACEMENT OF THE VEGETATION AS THE DRAWING JUST SHOWS GRASS. MAYBE THAT IS JUST FOR THE DRAWINGS BUT IN MY OPINION, GRASS IS NOT A OFFER AS IT IS SHOWN ALONG THE WAY. IN SPEAKING WITH PERMIT PERSONAL THEY SAID THAT VEGETATION REMOVAL WOULD HAVE TO BE RETURNED BUT ALL OF THE VEGETATION THAT IS THERE ARE VERY LARGE TREES. WAS THAT MY

THREE MINUTES? OKAY. >> WOULD YOU LIKE TO SAY ONE

MORE THING TO FINISH UP? >> WE WOULD LIKE TO ASK TO KEEP THE BOUNDARY INSTEAD OF CLEARCUTTING , TO KEEP THE

[01:15:01]

TREES THERE. >> THANK YOU.

>> IS THERE ANYONE IN THE AUDIENCE TO SPEAK ON ITEM NUMBER SIX. SEEING NONE, WOULD YOU LIKE TO RESPOND?

>> I SHOULD HAVE MADE IT A BIT MORE CLEAR. THEY ARE GOING TO TRY TO KEEP AS MUCH OF THE BUFFER AS THEY CAN WITH THE TREES. YOU WILL NOTE FROM SOME OF THE PICTURES THAT I SHOWED SOME OF THOSE TREES ARE NOT WITHIN THAT 30 FEET. BUT, THE REQUIREMENT FOR THE SCREENING IS THE FENCE. THE SIX FOOT FENCE AND IT IS ALSO TREES PLANTED 20 FEET APART, SPACED 20 FEET APART AND THEY HAVE TO BE A CERTAIN SIZE WHEN YOU PLANT THEM SO IT WOULD BE A COMBINATION OF THAT. ANY TREES THEY CAN SAVE THEY WILL BECAUSE THEY GET CREDIT FOR THAT. PINE TREES THEY DON'T GET CREDIT FOR BUT THEY WILL. ADJACENT TO HER PROPERTY -- AND AGAIN, THIS PROPERTY ONLY TOUCHES HERS ON THAT ONE PARTICULAR SIDE, THE WEST SIDE OF HER, THAT IS ANOTHER REASON THEY ARE WORKING WITH THE COUNTY ON SCOOTING THAT DOWN SO THE 30 FEET CAN STAY AS IT IS NOW.

YOU CAN KIND OF SEE HERE THE PROPERTY BOUNDARY COMES UP TO ABOUT HERE. THERE IS FENCING ALONG IT. AND SHE HAS ACTUALLY GOT A LOT OF TREES ON HER SITE. THE BUFFERING, I CANNOT PROMISE, AND WHEN THEY DUCLAIR THE WETLAND AREA BEHIND HER THAT IS THE OTHER SITE I CAN'T REALLY PUT A CONDITION ON THAT BUT, SO, WHERE IT TOUCHES HER BACK HERE , THAT AREA WILL BE -- AND THIS WILL ALL BE LANDSCAPING. THE ENGINEER JUST TALK TO ME AND WE HAVE THOSE MOVING ALONG BUT THEY ARE WAITING ON SOME PERMIT STUFF FROM THE D.O.T. BEFORE THEY SUBMIT THAT. I UNDERSTAND THEIR CONCERNS BUT ALSO, THEY WILL BE PUTTING LANDSCAPING TO THE TREES AND VEGETATION AND SHRUBBERY AND THINGS ALONG THE ROADWAY TO THAT EIGHT-FOOT REQUIREMENT IN THE LAND DEVELOPMENT CODE. ANY OTHER

QUESTIONS? >> BACK TO THE AGENCY FOR

QUESTIONS? >> ARE WE READY?

>> LOOKING AT WHERE THIS RESIDENCE IS, I KNOW THEY HAVE TO PUT QUITE A BIT OF SCREENING UP. THIS IS A MOTION TO RECOMMEND APPROVAL OF REZ 2024-08 U-HAUL OF PALENCIA BASED ON FOUR FINDINGS OF FACT, AS PROVIDED IN THE STAFF

REPORT. >> OKAY. WE HAVE A MOTION FOR APPROVAL. DO WE HAVE A SECOND? MISS SPIEGEL .

>> WE HAVE A SECOND. >> I DON'T KNOW IF THIS IS POSSIBLE OR NOT BUT I DO KNOW OF A PROJECT RECENTLY WHERE THERE WAS INCOMPATIBILITY AND THE DEVELOPMENT PUT THE FENCE INSIDE OF THE BUFFER INSTEAD OF BEHIND THE BUFFERS SO I DON'T KNOW IF THAT IS SOMETHING THAT WE CAN CONSIDER AS YOU GO FORWARD. I JUST WANTED TO BRING THAT UP AS SOMETHING TO THINK ABOUT. IF WE ARE GOING TO A MORE INTENSIVE PARCEL , I JUST WANTED TO BRING THAT UP AS SOMETHING TO THINK ABOUT.

[1. ZVAR 2024-12 5324 A1A South Pool. Request for a Zoning Variance to Table 6.01 of the Land Development Code to allow for a Side Yard setback of three (3) feet in lieu of the required eight (8) feet to accommodate the placement of a swimming pool in Residential, Single Family (RS-3) zoning. (Part 2 of 2)]

>> THE ONLY PROBLEM WITH THAT THOUGH IS WE SORT OF HAVE A NO

[01:20:01]

MAN'S LAND . I UNDERSTAND WHAT YOU ARE SAYING. SO WE HAVE A MOTION FOR APPROVAL AND A SECOND. PLEASE REGISTER THE VOTE. THE MOTION PASSES. THANK YOU MISS TAYLOR. MR. KING, HAVE YOU COME UP WITH A RESOLUTION?

>> HELLO FOLKS. JIM AND I HAD A REALLY NICE CONVERSATION. WHERE WE LANDED IS IT WOULD BE AGREEABLE TO DO A FOUR FOOT SETBACK AND REDUCE THE LENGTH OF THE POOL SO IT WOULD BE 25 FEET. WE WOULD NOT OBJECT TO THAT.

>>

>>

NORTH. >>

>> OKAY . SO YOU WOULD ALLOW FOR A SETBACK OF 4 FEET RATHER

THAN 8 FEET? >> YES AND THE SWIMMING POOL WOULD BE 25 FEET BY 8 FEET LONG.

>> IN THE RECORD. CAN I HAVE A MOTION?

>> I CAN DO THIS. PLEASE CORRECT ME. IF I DO IT WRONG.

MOTION TO APPROVE ZVAR2024-12 5324 A1A SOUTH POOL BASED UPON FIVE FINDINGS OF FACT AND SUBJECT TO SEVEN CONDITIONS, AS PROVIDED WITHIN THE STAFF REPORT. NOTING THAT THE SETBACK APPROVAL IS FOR A FOUR FOOT SETBACK

PROVIDED BY THE APPLICANT. >> WHAT WE ARE GOING TO DO IS THERE IS AN EXHIBIT B THAT IS THE SITE SO WE WILL HAVE AN UPDATED SITE PLAN THAT WILL INCLUDE WHAT WE ACCOMPLISHED TODAY. AS RED THE MOTION REDUCES THE SETBACK. I THINK

[Staff Reports]

EVERYBODY UNDERSTANDS THAT. THAT IS HOW WE WILL HANDLE IT.

WE HAVE A MOTION FOR APPROVAL?

>> SECOND. >> ANY FURTHER DISCUSSION? SEEING NONE, PLEASE REGISTER THE VOTE. THE MOTION PASSES.

THANK YOU FOR WORKING IT OUT. ONTO STAFF REPORTS.

]

>> WE COULD HEAR YOU. >> OKAY. SEPTEMBER 30.

>> SEPTEMBER 30, THE COMP PLAN OPEN HOUSE. THERE ARE TWO SESSIONS AND THE FIRST IS FROM 10-12 YOU CAN COME DURING THAT PERIOD OF TIME AND IT WILL BE HELD HERE AT THE AUDITORIUM AT 500 STAN SEBASTIAN VIEW. -- ARE THE CONSULTANTS WILL BE HERE

[Agency Reports]

AND IF YOU NEED ANY MORE INFORMATION ON THE COMP PLAN YOU CAN VISIT THE WEBSITE AND PROVIDE ADDITIONAL FEEDBACK

[01:25:09]

BECAUSE IT IS AN ONLINE PROCESS. THAT IS WHAT WE HAVE.

>> THANK YOU. ANY AGENCY REPORTS?

>> MADAM CHAIR

* This transcript was compiled from uncorrected Closed Captioning.