[3. Public Hearing * 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. The Planning and Zoning Agency (PZA) heard this request at their regularly scheduled public hearing on August 16, 2024 and recommended approval with a vote of 5 to 1. Agency Member Jack Peter made a motion to recommend approval of the project, seconded by Agency Member Judy Spiegel. (Agency Member Elvis Pierre dissenting, Agency Member Henry Green was absent).]

WE'LL NOW GO INTO ITEM NUMBER THREE, WHICH IS A PUBLIC HEARING.

THE NORTH ROSCOE RESTAURANT.

THIS IS EX-PARTE.

WE HAVE EX-PARTE ON THIS AS WELL.

COMMISSIONER JOSEPH TWO OR MORE EMAILS MEETING WITH BRAD WESTER, ALEX AND KATHY KRONBERG MEETING WITH BRAD WESTER, ALEX KRONBERG AND

[00:30:10]

TRIP GULLIFORD MEETING WITH JAMES WHITEHOUSE, ERIC AND CAROLYN ETCHBERGER AT LEAST TWO TIMES AND I DRIVE BY THE THE PROPERTY ALL THE TIME, SO THANK YOU.

I HAD A FEW EMAILS IN FAVOR OF THE APPLICATION.

I ALSO MET YESTERDAY WITH BRAD WESTER, ALEX KRONBERG AND OUR STAFF IN THE OFFICE.

WE DISCUSSED THE SITE LOCATION, THE HISTORY OF THAT SITE, THE PRIOR USE, THE PROPOSED USE, SOME OF THE CONCERNS FROM THE FROM THEIR NEIGHBOR TO THE NORTH.

THEN I WENT AND MET WITH JAMES WHITEHOUSE.

I MET WITH MRS. EGGENBERGER AND SHE DISCUSSED SOME OF HER CONCERNS ABOUT NOISE PRIMARILY, AND JUST IMPACTS TO TO THE QUIET ENJOYMENT OF HER HOME.

OKAY. I HAD NO EMAILS, BUT I DID HAVE A MEETING WITH BRAD WESTER, ALEX KRONBERG CRANBERG AND GLENN FORD TO JUST GIVE A BRIEF OUTLINE OF THE PROJECT, SHOW ME THEIR VISION, WHAT THEY'RE LOOKING TO DO.

AND I HAD A MEETING WITH JAMES WHITEHOUSE AND ERIC AND CAROLYN EGGENBERG.

THEY ARE THE NEIGHBORS WHO ARE OPPOSING THE PROJECT.

THEY'RE NOT OPPOSING, BUT THEY'RE CONCERNED ABOUT THE NOISE AND SOME OF THE OUTDOOR ACTIVITY THAT CAN BE GOING ON.

COMMISSIONER DEAN? YES.

I HAD A MEETING WITH BRAD WESTER TO DISCUSS THE PROJECT.

BRAD WAS REPRESENTING THE APPLICANT.

THEN YESTERDAY I HAD A MEETING WITH JAMES WHITEHOUSE, ERIC AND CAROLYN EGGENBERGER, THE NEIGHBORS TO THE NORTH, WHO ARE EXPRESSING OPPOSITION TO THE PROJECT. LIMITED OPPOSITION.

THEY WERE TRYING TO WORK IT OUT.

THANK YOU. COMMISSIONER DEAN.

MR. WESTER, THROUGH THE CHAIR.

YES, MA'AM. THROUGH THE CHAIR TO THE BOARD.

JUST SO YOU'RE AWARE, YOU DO HAVE A RED FOLDER ITEM ON THIS.

AND THIS IS MAKING TEXT AMENDMENTS THAT WERE CONCESSIONS BETWEEN MR. WESTER AND THE NEIGHBORING PROPERTY THAT CAME IN AT THE 11TH HOUR.

AND SO YOU HAVE THOSE BEFORE YOU IN A RED FOLDER.

THANK YOU. THANK YOU.

GOOD MORNING. BRAD WESTER, DRIVER, MCAFEE, HAWTHORNE AND DEBONO.

ONE INDEPENDENT DRIVE, SUITE 1200, JACKSONVILLE, FLORIDA.

32202, REPRESENTING THE APPLICATION.

IT'S BEEN A LITTLE OVER A YEAR THAT WE'VE BEEN WORKING ON THIS.

WE SUBMITTED LAST OCTOBER.

AND I APPRECIATE THE OPPORTUNITY TO PRESENT TO YOU TODAY.

THIS IS A REQUEST FOR A NEW RESTAURANT TO REPLACE THE FORMER LULU'S WATERFRONT GRILL RESTAURANT ON ROSCOE BOULEVARD NORTH ALONG THE INTRACOASTAL WATERWAY IN PALM VALLEY.

THE EXISTING ZONING IS COMMERCIAL HIGHWAY TOURISM, AND THE FUTURE LAND USE MAP IS RESIDENTIAL.

A THE NEW COMMERCIAL NEIGHBORHOOD USES, SUCH AS A RESTAURANT ARE TO BE PERMITTED THROUGH A PUD.

AND THAT'S WHAT WE'RE SEEKING IN RESIDENTIAL A FUTURE LAND USE.

THE PROPERTY IS 1.38 ACRES, PLUS OR MINUS.

THERE ARE TWO WAIVERS REQUESTED WITH THIS.

ONE IS FOR IN THE PALM VALLEY OVERLAY THAT WAS APPROVED BY THE ARC, AND IT IS FOR SITES WHICH ADJOIN A RESIDENTIAL USE.

AND IT'S FOR TWO DIFFERENT SETBACKS INTEGRATED INTO A SINGLE BUILDING FORM WITH VARYING HEIGHTS.

AND I'LL GO INTO THAT ARCHITECTURALLY.

THE OTHER ONE IS FOR A REGULAR LAND DEVELOPMENT CODE ITEM FOR INTERNAL DRIVE RELIEF FROM 26FT TO 24.5FT, AND THAT IS TO MAINTAIN A 20 FOOT BUFFER ON THE NORTH PROPERTY LINE AGAINST THE RESIDENTIAL.

AND THEN THE SAINT JOHNS COUNTY FIRE MARSHAL APPROVED THIS DURING THE CIRCULATION.

WAIVER DURING THE PUD REVIEW WE ORIGINALLY SUBMITTED A CONFIRMATION LETTER TO GET AN OPINION FROM THE COUNTY STAFF AND THE COUNTY ATTORNEYS ON THE LAND USE ZONING AND THE VESTING STATUS OF THE RESTAURANT.

THE RESTAURANT DID CLOSE IN ROUGHLY 2001 2002.

TIME FRAME. DID NOT APPLY FOR A VESTING DETERMINATION LETTER.

AND IN ADDITION TO THE IMPROVEMENTS WE WANT TO MAKE ON THE SITE, WE WOULD BE REQUIRED TO DO A PUD BECAUSE OF THE COST VALUATION.

WE MET WITH THE ABUTTING NORTHERN PROPERTY OWNERS NUMEROUS TIMES, AND WE CAN GO INTO THAT OVER THE LAST 12 MONTHS TO SHARE OUR CONCEPTS AND IDEAS AND TO LEARN ABOUT THE CONCERNS AND ISSUES THEY HAD SPECIFICALLY, WHICH WE DID INCORPORATE INTO OUR DESIGN PLANS AND NOW TEXT UPDATES.

AS I MENTIONED, THE PUD WAS SUBMITTED LAST OCTOBER.

WE DID ALSO, IN ADDITION ABOVE AND BEYOND NORMAL ADVERTISING FROM THE COUNTY.

WE SENT OUTREACH FLIERS TO ALL THE SURROUNDING PROPERTY OWNERS.

THERE'S THE LOCATION, AS YOU'RE FAMILIAR WITH ON THE INTRACOASTAL WATERWAY ON NORTH ROSCOE.

HERE IS A ZONING MAP.

YOU CAN SEE THE COMMERCIAL HIGHWAY TOURISM ZONING OVERLAY NEXT TO THE RS THREE ZONING OUT THERE, AND THEN OPEN RURAL ACROSS THE STREET ON NORTH ROSCOE.

HERE IS THE GENERAL AND ENVIRONMENTAL OR FLEX CODES, AS WE CALL IT, BECAUSE WE'VE GOT URBAN LAND, AND THEN WE'VE GOT WATER THAT'S ASSOCIATED WITH THE INTRACOASTAL WATERWAY.

[00:35:04]

AND I'LL TAKE YOU THROUGH. THIS IS AN EXISTING AS BUILT SURVEY, AND I'LL TAKE YOU THROUGH SOME OF THE ITEMS AND REALLY WHAT THEY MEAN IN THE CONTEXT OF OUR REDEVELOPMENT PLANS.

SO YOU SEE A METAL SHED THAT GENERALLY HANGS OUT OVER THE THE PARKING LOT.

IT WAS THIS IS ALL CIRCA 1971 AND HAS BEEN BUILT OVER DECADES AND DECADES.

AND SO YOU SEE, THE PARKING AGAIN DIDN'T REALLY EVER MEET A SPECIFIC CODE IN ANY ONE SPECIFIC ERA OVER THOSE DECADES.

SO YOU SEE A METAL SHED, PROPANE TANK THE ADDITIONAL RIPRAP AREA OF THE INTRACOASTAL WATERWAY.

AND THE SIGNIFICANCE IS THAT IS WHERE THE PROPERTY AND THE BUILDINGS ARE ORIENTED FROM THE 70S.

AND YOU SEE, OVER TIME THEY'VE ADDED DIFFERENT STRUCTURES AND USES, INCLUDING RESTROOMS. AND THEN GENERALLY THE MAIN GATHERING AREA WHERE THEY HAD THE BAND, THE BATHROOMS AND THE PATRON GATHERING AREA FOR THE OUTDOORS WAS GENERALLY ON THE NORTH SIDE OF THE PROPERTY. AND ALL THE IMPROVEMENTS AND REALLY WHAT IT DID WAS PRESENT AN ELEMENT OF PROVIDING THE NOISE AND LIGHTING NUISANCE TO THE NORTHERN PROPERTY.

HERE'S AN AERIAL OF THE SUBJECT PROPERTY AS YOU'RE FAMILIAR WITH, AND YOU CAN SEE THE ORIENTATION OF THE PROPERTY, HOW IT'S KIND OF ALWAYS BEEN FRAMED AROUND THE INTRACOASTAL WATERWAY BOUNDARY AND THE PROPERTY EDGE THERE ALONG THE WATER.

SO IT'S ESSENTIALLY ORIENTED TOWARDS THE NORTHEAST, IF YOU WILL, OR NORTHERLY TO THE PROPERTY LINE IN THE NORTH.

SO WHAT WE'VE DONE IS RECONFIGURED THE ENTIRE PROPERTY IN CONJUNCTION WITH MEETING WITH THE PROPERTY OWNERS.

AND WHAT WE'VE DONE IS BUILT IN DIFFERENT LAYERS OF OUR OF OUR ARCHITECTURE.

SO WE'VE STEPPED THE BUILDINGS AWAY FROM THE PROPERTY LINE.

SO THIS IS THE WAIVER THAT WE'VE ASKED FOR.

THE WAIVER, THE COUNTY SUGGESTED WE APPLY FOR THIS WAIVER BECAUSE IT DOESN'T HAVE ANYTHING IN THE CODE THAT IS SPECIFIC TO THE TWO DIFFERENT SETBACKS INTEGRATED INTO ONE BUILDING. SO THE COUNTY THOUGHT IT'S BEST TO APPLY FOR THE WAIVER.

IF WE ACTUALLY HAD A SPACE BETWEEN THE 20 FOOT HEIGHT AND THE 35 FOOT HEIGHT, WE WOULDN'T NEED A WAIVER BECAUSE WE MEET THE SETBACKS.

SO WHAT WE'VE DONE IS BUILT IN THIS DEACTIVATION SPACE, WHICH IS FULL OF BUFFERS AND SCREENING ADJACENT TO THE RESIDENTIAL.

THERE ARE NO PATRONS, NO GUESTS OR ANYTHING AT A MINIMUM OF 20FT WHERE THE PARKING AREA IS.

AND THEN IT GOES TO ABOUT 30FT HERE AT THE ACTUAL BUILDING AREA, AND THEN CONTINUES TO MORE THAN 50FT AROUND THE NORTHERN SEGMENT OF THE BUILDING THERE.

SO THAT'S REALLY A DEACTIVATED SPACE THAT'S BUILT INTO THE TEXT, BUILT INTO THE LANDSCAPE AND THE SITE PLAN AND THE MDP MAPS TO PROTECT THE RESIDENTS TO THE NORTH OF NO ACTIVATION AREAS, INCLUDING NO DOORS, NO WINDOWS, NO ACCESSIBILITY OR PATIOS.

THIS IS AN INTERESTING OVERLAY, AND THIS KIND OF SUMS UP THE AERIALS AND THE AS BUILT CONDITIONS THAT WE SPOKE ABOUT.

YOU CAN SEE THE RED IS THE EXISTING.

THIS DOCK HAS BEEN THERE SINCE BEFORE 1970.

AND YOU CAN GO BACK INTO THE AERIAL PHOTOS.

I THINK 69 IS THE LATEST ONE WHERE IT SHOWS THIS DOCK IMPROVEMENT SPECIFICALLY IN THE EXACT SAME CONFIGURATION THAT WE'RE GOING TO KEEP IT.

BUT THERE ARE PHOTOS DATED BACK TO THE 40S THAT SHOW THIS PROPERTY UNDER CONSIDERATION FOR DEVELOPMENT.

AND THEN IT STARTS THROUGH THE 50S AND 60S WITH AS ROSCOE HAS BUILT UP OVER TIME WITH THE DOCK IN 1969 AND THEN 1971.

THIS CONFIGURATION, AS IS CONTINUED OVER THE DECADES.

SO YOU CAN SEE HOW THE RED IS ANGLED AND ORIENTED TOWARDS THE NORTHERN PROPERTY LINE, IF YOU WILL, WHICH REALLY DOESN'T PROVIDE A LOT IN TERMS OF ALLOWANCE FOR BUFFERING AND SCREENING FROM ANY NOISE OR LIGHTING.

AND THAT'S GENERALLY BEEN THE CRUX OF THE COMPLAINTS FOR THE OLD RESTAURANT.

UNDER THAT IS THE SHADED AREAS OF THE NEW IMPROVEMENTS THAT WE'RE GOING TO PLAN TO MAKE.

AND THIS IS A SITE PLAN THAT'S BEEN RENDERED.

SO THIS IS OUR ILLUSTRATIVE, ILLUSTRATIVE CONCEPT BUILDING IN THE ARCHITECTURAL COMPONENTS TO THIS.

AND WE DID RECEIVE A THE PALM VALLEY ARC OVERLAY APPROVAL ON THIS.

BUT THIS BUILDS IN THE COLOR DIAGRAM SHOWING THE THE PLAN ITSELF.

SO THIS ACTUALLY MARRIES UP WITH THE MDP PLAN AND THE LANDSCAPE PLAN.

AND YOU SEE WHAT WE'VE DONE AS THE DEACTIVATION AREA ALONG THE NORTH PROPERTY LINE.

WE'VE INCORPORATED THE STORMWATER POND AND THE PROPERTY EDGE AND THE STEPPED BACK OF THE BUILDINGS, AND THEN A PROTECTION ZONE FOR THE ADDITIONAL ENHANCED VEGETATION AND SCREENING. I'LL WALK YOU QUICKLY THROUGH SOME OF THE ARCHITECTURAL ELEMENTS, BECAUSE THEY DO PLAY INTO SOME OF THE COMPATIBILITY ELEMENTS AS MITIGATIVE DESIGN CRITERIA. SO YOU CAN SEE HERE THE EAST ELEVATION.

AS YOU KIND OF APPROACH THE PROPERTY FROM ROSCOE, YOU CAN SEE THE BUILDING HAS STEPPED AWAY FROM THE PROPERTY LINE AND THERE IT IS IN A RENDERED FORM, VERY BEAUTIFUL, VERY RESIDENTIAL ESQUE.

THIS IS FROM THE WATER'S EDGE.

AND THEN AGAIN, THIS IS THE WATER VERSION, SIDE VERSION OF THE RENDERING.

THIS IS THE NORTHERN ELEVATION, WHICH IS THE ELEVATION THAT ACTUALLY FACES THE RESIDENTIAL PROPERTY TO THE NORTH THERE.

SO YOU CAN SEE THERE ARE NO WINDOWS.

THIS IS JUST ARCHITECTURAL BATTING.

[00:40:02]

THERE ARE NO WINDOWS, NO DOORS, NO ACCESSIBILITY ON THE SECOND FLOOR OR THE FIRST FLOOR AS WELL.

THIS SECOND FLOOR IS JUST A VAULTED CEILING.

THERE'S NO SPACE INSIDE THAT BUILDING AT ALL FOR A SECOND FLOOR SPACE FOR DINING, IT'S JUST A VAULTED CEILING WHEN YOU WALK IN, AND HERE IT IS IN RENDERED FORM, YOU CAN SEE AGAIN DEACTIVATED AREAS ALL THE WAY AROUND THIS ENTIRE AREA, INCLUDING THE SCREENING THERE, WHICH WE'VE ACTUALLY ADDED, THAT IS NOW BECOMING A 100% OPAQUE WALL.

THAT WAS A LATTICE FRAME WITH SOME VEGETATION VINES ON IT.

WE'VE NOW CHANGED THAT TO 100% OPAQUE WALL OR FENCE UP THERE TO PROTECT FOR MORE LIGHT AND SCREENING.

THIS IS THE SIDE THAT FACES THE EXISTING POND VALLEY FISH CAMP RESTAURANT, SO YOU CAN SEE THE THE PURPOSE OF THIS IS WHERE IT'S THE LOADING AREA, THE KITCHEN SPACE AND GARBAGE CANS AND THINGS LIKE THAT, WHICH REALLY KIND OF BLENDS IN BETTER COMPATIBILITY SAKE WITH NEXT TO THE POND VALLEY FISH CAMP.

THIS IS A MORE OF A PERSPECTIVE RENDERING AGAIN FROM ROSCOE INTO THE PROPERTY.

AND WE CAN COME BACK TO THIS.

AND THIS IS FROM THE WATER'S EDGE AS WELL.

SO YOU CAN SEE THE COMPLETE DEACTIVATED AREA, A BUFFER AREA HERE WITH HIGH VEGETATION THAT'S BUILT INTO THE LANDSCAPE CODE.

THE EXISTING DOCK AND ITS SAME CONFIGURATION.

THIS SCREENING FENCE WILL NOW BECOME A 100% OPAQUE WALL.

THIS OUTDOOR AREA UP HERE, THERE IS NO DINING OR DRINK SERVICE UP THERE WHATSOEVER.

IT'S JUST WAITING AND SITTING.

AND THE ONLY DINING SERVICE IS RELATED TO THIS AREA OVER HERE ON THE SOUTHERN BUILDING.

THE BUILDINGS, AS YOU'VE SEEN, ARE BROKEN UP INTO TWO DIFFERENT MASSES, IF YOU WILL, WITH A BREEZEWAY IN BETWEEN.

SO IT'S DEPICTED HERE.

YOU CAN SEE THROUGH HERE.

WE FELT IT'S REALLY NICE TO HAVE SOME LIGHT AND AIR KIND OF TRAVEL THROUGH THAT REALLY KIND OF BLENDING IN THE WATERSIDE ELEMENT INTO THE PARKING LOT.

AND AS YOU PULL INTO THE PROPERTY FROM AN ESTHETIC STANDPOINT.

SO THE QUALITY OF THIS IS VERY HIGH IN TERMS OF ITS ARCHITECTURAL IMPROVEMENTS AND ITS MITIGATIVE ELEMENTS.

AND WE'VE BUILT SOME OF THAT ACTIVATED AREA INTO THIS BREEZEWAY TO THEN STAY AWAY FROM THE RESIDENTIAL PROPERTY.

AND YOU CAN SEE ALL THE DIFFERENT THEMES THAT ARE GOING ON WITH THE CONCEPT.

HERE IT IS AT NIGHT.

SO WE'VE GOT WE'VE DONE A FULL PHOTOMETRIC PLAN WITH OUR LANDSCAPE ARCHITECTURE AND IT'S ALL RESIDENTIAL SCALE LIGHTING, MOSTLY AMBIENT, NOT MUCH DIRECT POINT SOURCE AT ALL.

VERY BEAUTIFUL.

AND YOU CAN SEE HOW DARK IT IS ON THE PROPERTY EDGE OVER HERE ON THE RESIDENTIAL SIDE.

SO WHAT WE'VE DONE IS TRIED TO PAY HOMAGE TO THE RESIDENTS OVER HERE.

NO ACTIVATION IN THAT SPACE WHATSOEVER.

VERY DARK, BUT THEN ALL RESIDENTIAL SCALE LIGHTING VERY COMMENSURATE WITH OTHER RESIDENTIAL PROPERTIES ALONG ROSCOE IN THAT AREA.

SOME OF THE WAIVER, SUMMARY AND JUSTIFICATION, THE ARCHITECTURAL ORIENTATION, MASSING AND FUNCTION, AS WELL AS SCREENING, ARE DESIGNED WITH PURPOSE TO BE STEPPED AWAY FROM THE NORTHERN PROPERTY LINE IN CONJUNCTION WITH THE REQUIRED SETBACK DISTANCES OF 30 AND 50FT.

THOSE ARE CODIFIED 30 AND 50.

AND WE ACTUALLY MEET THAT WITH THE SPIRIT INTENT OF THE ARCHITECTURAL ELEMENTS OF THIS CODE.

AND WHAT MORE DEPICTION OF THAT IS THIS? YOU SEE THE 50 FOOT SETBACK WHERE ANYTHING OVER 20FT HIGH, YOU HAVE TO BE 50FT SETBACK, ANYTHING 20FT OR BELOW, IT'S A REQUIRED 30 FOOT SETBACK.

AND WE MEET THAT. AND IN FACT, THE 20 FOOT SETBACK ISN'T UNTIL ABOUT 40FT FROM THE PROPERTY LINE.

AND THEN THE PEAK OF ROOF HERE IS 50FT AGAIN, COMPLETELY CLOSED OFF.

NO WINDOWS, NO ACTIVATED SPACES, NO VENTS, NO DOORS.

A REDUCTION IN THE INTERNAL DRIVE AISLE.

WE THAT WAS APPROVED BY THE FIRE MARSHAL, 24FT.

THIS IS THE ENGINEERING.

CIVIL ENGINEERING AUTOCAD.

SO IT'S CALLED AUTOTURN, WHERE YOU ACTUALLY MIMIC A FIRE TRUCK TO GET IN THERE AND MOVE AROUND.

AND WE ACTUALLY MEET THE REQUIREMENTS FOR A FIRE TRUCK TO GET IN THERE AND MOVE AROUND 40, 40 FOOT LONG, 80,000 POUND FIRE TRUCK CONCURRENCY.

BECAUSE WE ARE COMMERCIAL AND CONTINUING WITH THE ZONING, WE ARE EXEMPT FROM CONCURRENCY ON THIS, AS NOTED IN THE ORDINANCE THAT WAS APPROVED IN 2018, BUT ALSO STAFF COMMENTS.

THE TRAFFIC ON ROSCOE IS OPERATING AT 72.2% OF ITS TOTAL CAPACITY AT AN OKAY DESIGNATION.

AND YOU CAN SEE SOME OF OUR OTHER ELEMENTS.

EVEN THOUGH WE'RE EXEMPT FROM CONCURRENCY, WE'VE STILL EVALUATED THE TRAFFIC LOAD ON ROSCOE.

THIS IS OUR PHOTOMETRIC PLAN.

THE MOST IMPORTANT THING TAKEAWAY FROM THIS IS WE ARE WELL BELOW THE MAX LIGHTING STANDARD.

ON THE NORTHERN EDGE, 0.3 IS THE STANDARD.

WE'RE AT 0.0 AND 0.1 ON THE NORTHERN EDGE.

WE'RE ACTUALLY VERY PROUD OF THAT.

YOU CAN SEE DOWN HERE ON THE COMMERCIAL SIDE IT'S ACTUALLY 0.2 AND OUT ON THE FRONT AS WELL.

SO IT'S A REALLY RESIDENTIAL SCALE LIGHTING.

AND IT'S MEANT TO BE THAT WAY BECAUSE OF THE HIGH QUALITY RESTAURANT.

THE EXISTING ZONING.

COMMERCIAL HIGHWAY TOURS. AS MENTIONED, SITES DEVELOPED AS THAT SINCE 1971.

NEIGHBORHOOD COMMERCIAL USES ARE ALLOWED IN RESIDENTIAL A AT THE APPROPRIATE SIZE AND SCALE.

THE PRIME VALUE OVERLAY SECTION ALLOWS UP TO 13,000FT² OF USES.

WE COULD HAVE BUILT A 13,000 SQUARE FOOT RESTAURANT, BUT THIS ONE WE ARE RESTRICTING IT TO 10,000FT² TOTAL, AND OF THAT, ONLY 8000FT² OF THAT IS ACTUALLY ENCLOSED

[00:45:05]

CONDITION SPACE. AND THEN 2000 IS ACTUALLY UNDERCOVER AROUND THE ENVELOPE OF THE BUILDING.

THE CURRENT LULU'S HAS GROWN TO OVER 6000FT², SO WE'RE NOT FAR FROM THAT AS FAR AS OUR CONDITION SPACE.

OTHER COMMERCIAL USES AND OTHER RESIDENTIAL LOTS.

EACH LOT ON THIS, IT'S MADE UP OF TWO LOTS OR 0.69 ACRES EACH.

AND THEY COULD OCCUPY MORE SQUARE FOOTAGE.

IF RESIDENTIAL HOMES WERE PUT THERE.

THEY COULD EACH BE UP TO TEN ZERO ZERO ZERO SQUARE FOOT, FOR A TOTAL OF 20,000 SQUARE FOOT TOTAL, WITH MULTIPLE DRIVEWAYS AND MULTIPLE DOCKS.

AND THEN WE'D HAVE SCHOOL CONCURRENCY TO DEAL WITH AS WELL.

WE DON'T HAVE THAT AS A COMMERCIAL PROPERTY TO SERVE THE RESIDENTIAL COMMUNITY.

ROSCOE BOULEVARD NORTH IS OPERATING A TRAFFIC OF OKAY 72.2%, AS I MENTIONED.

ACCESS TO THE SITE HAS BEEN ADJUSTED.

WE ORIGINALLY CAME IN AND MET WITH THE RESIDENTS TO THE NORTH.

THERE THE BURGERS AND HAD THE DRIVEWAY ON THE NORTHERN SIDE OF THE PROPERTY.

AND THAT WAS THEIR FIRST REQUEST, WAS TO KIND OF PUSH THAT BACK TO ITS CUSTOMARY LOCATION.

AND WE DID THAT. THE USE AND WAIVERS DO NOT NEGATIVELY IMPACT THE HEALTH, SAFETY AND WELFARE OF THE SURROUNDINGS AS DEPICTED.

THE TYPE USED HEIGHT, MASS SCALE COMPATIBLE WITH THE AREA.

THE SURROUNDINGS ARE COMPRISED OF EXISTING COMMERCIAL, RESIDENTIAL AND CHURCH PROPERTIES.

AND THEN, PER POLICY, 8.1.

3.11 COMPATIBILITY DOES NOT MEAN THE SAME AS REGARDING USES.

SO IT REFERS TO A SENSITIVITY, MAINTAINING CHARACTER AND MITIGATING ADJACENCY ISSUES, WHICH WE'VE SHOWN THROUGH THE PUD AND IMPLEMENTING INNOVATIVE ELEMENTS AND SCREENING LIKE ARCHITECTURE DESIGN, ESPECIALLY PER THE PUD BETTERMENTS THAT WE'VE PUT FORWARD AND NEGOTIATED AND COMPROMISED ON.

THE PURPOSE IS TO DEVELOP LULU'S WATERFRONT GRILL, A HIGH QUALITY RESTAURANT.

CHARACTER IS SYMBOLIZED BY TWO BUILDING MASSES WITH A BREEZE AND PASS THROUGH DEACTIVATED AREAS, AND THIS IS THE PROPERTY AS A PRIME EXISTING COMMERCIAL LOCATION IN PALM VALLEY THAT WILL POSITIVELY BENEFIT THE COUNTY BY SERVING THE SURROUNDING NEIGHBORHOODS AND AREA RESIDENTS, IN KEEPING WITH ITS CUSTOMARY RESTAURANT USE ON THE WATERFRONT, AS WELL AS INNOVATIONS IN HIGH QUALITY ESTHETICS AND DESIGN ENGINEERING, ARCHITECTURAL CHARACTER AND STANDARDS.

THE PALM VALLEY AOC APPROVED THIS IN JULY 24TH.

A UNANIMOUSLY PCA APPROVED THIS 4 TO 1 ON AUGUST 15TH, THAT PUBLIC HEARINGS FOR BOTH BOARDS AND THE APPLICANT TEAM HAS CONTINUALLY WORKED UP UNTIL, I THINK, 530 LAST NIGHT WHEN I SENT OUR LAST ITERATION OF THE PUD, AND I HAVE THAT HERE AS WELL HAS WORKED WITH NEIGHBORS AND THE ATTORNEY ON THE CLARIFICATIONS AND REVISIONS TO CERTAIN ELEMENTS OF THE PUD AND THE EXHIBITS RELATED TO THE INDOOR OUTDOOR AREAS, HOURS AND OTHER USES.

SO WITH THAT, I'M SORRY FOR SPEAKING SO QUICKLY, BUT I WANTED TO ALLOW THE COMMISSIONERS TO GET UP HERE AND SPEAK AS WELL.

AND ANYBODY ELSE THAT MAY HAVE COMMENTS, AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

ANY QUESTIONS OR COMMENTS FROM THE BOARD.

OKAY. WE'LL NOW GO INTO PUBLIC COMMENT.

BUT I BELIEVE, MR. WHITEHOUSE, YOU'RE PRESENTING FOR TEN MINUTES ON BEHALF OF THE GROUP.

YES. THANK YOU, MR. CHAIR.

I'LL PRESENT AND THEN NAGDCA WILL COME UP AND GIVE A FEW COMMENTS.

I'M PROBABLY NOT GOING TO NEED THE FULL AMOUNT OF TIME, BUT I GOT TO GIVE ME A MINUTE.

I JUST GOT TO PLUG THIS IN HERE.

DUANE'S GOING TO SHOW ME HOW.

THE CONTRACT IS. WITH THIS MESS, THAT SHOULD GO TO THE NEXT ONE.

CAN YOU GO BACKWARDS? OH, HERE WE GO.

HOW DO YOU GO BACK? OH.

RIGHT HERE. OKAY, I GOT YOU.

OKAY. ALL RIGHT. ALL RIGHT.

ALL RIGHT. THANK YOU, MR. CHAIR.

GOOD MORNING, MR. CHAIR. COMMISSIONERS.

FOR THE RECORD, JAMES WHITEHOUSE, SAINT JOHN'S LAW GROUP, 104 SEAGROVE MAIN STREET, HERE IN SAINT JOHNS COUNTY, FLORIDA.

I AM RECOGNIZED AS AN EXPERT IN CITY, COUNTY AND LOCAL GOVERNMENT LAW.

I AM HERE ON BEHALF OF THE EGGENBERGER FAMILY DOCTOR, MRS EGGENBERGER, WHO LIVE IMMEDIATELY NEXT DOOR TO THIS PROPERTY.

JUST TO GO OVER REAL QUICK, WE HAVE WORKED WITH MR. WESTER ON THIS.

THEY HAVE HAD AN OPPORTUNITY TO MEET WITH THE OWNERS ON IT.

THEY HAVE I BELIEVE THE EGGENBERGS HAVE BEEN VERY ACCOMMODATING IN THIS AREA, AND THEY JUST HAVE A COUPLE OF EXTRA CONCERNS THAT WE'D LIKE TO TALK TO YOU ABOUT TODAY. JUST TALKING FOR A SECOND ABOUT WHERE THIS IS LOCATED.

IT'S LOCATED IN PALM VALLEY, THE PALM VALLEY OVERLAY DISTRICT, RIGHT ON ROSCOE AS YOU COME AROUND THE CURVE FROM MARSH LANDING AND THE PLAYERS CLUB.

HERE'S AN AERIAL.

YOU CAN SEE HOW CLOSE THEIR HOUSE IS TO THIS PARTICULAR PROPERTY.

IT IS IN RESIDENTIAL.

A AGAIN, RESIDENTIAL.

A WITHIN OUR COUNTY IS THE LEAST DENSE FUTURE LAND USE CATEGORY WITHIN OUR COUNTY PERIOD.

AND AS YOU CAN SEE, IT'S WHERE THIS IS LOCATED IS FULLY SURROUNDED BY RESIDENTIAL A AGAIN, WITHIN OUR COMPREHENSIVE PLAN, IT LAYS OUT THE FACT THAT IT

[00:50:02]

MEANS SINGLE FAMILY OR MULTI-FAMILY DWELLING UNITS APPROPRIATE TO THE RESIDENTIAL DENSITIES AS DESIGNATED ON THE FUTURE LAND USE MAP.

THE LEAST DENSE OR THE LEAST INTENSE LAND USE IN SAINT JOHNS COUNTY.

THIS RESIDENTIAL CORRIDOR OF THE PONTE VEDRA OVERLAY DISTRICT IS LABELED WITH THAT RESIDENTIAL A.

THERE IS A SECTION OF OUR COMP PLAN THAT SAYS THAT THIS TYPE OF NEIGHBORHOOD COMMERCIAL MAY BE APPROPRIATE IF COMPATIBLE WITH THE SURROUNDING RESIDENTIAL AREA. AGAIN OUR COMPREHENSIVE PLAN TALKS ABOUT WAYS TO TRY TO MAKE THOSE COMPATIBLE.

I BELIEVE THEY'VE STARTED TO DO THAT.

I THINK, LIKE I SAID, THERE'S JUST A COUPLE OTHER MINOR DETAILS THAT THEY WANT TO ADDRESS WITH YOU TODAY.

AS YOU CAN SEE FROM THE OVERHEAD, IT'S SURROUNDED BY RESIDENTIAL.

A THIS IS FROM THE STAFF REPORT.

THIS THIS IS NOT A DOCUMENT WE MADE UP.

YOU KNOW, WHEN WHEN YOU'RE IN RESIDENTIAL A OR WHEN YOU'RE IN A LAND USE OR A ZONING THAT DOESN'T ALLOW THINGS BY RIGHT? THEY HAVE TO MEET CERTAIN STANDARDS.

AND WITHIN OUR CODE, A LOT OF THOSE ARE SPECIAL USE STANDARDS.

THOSE SPECIAL USES TALK ABOUT THE FACT THAT THEY HAVE TO BE COMPATIBLE AND CONTIGUOUS WITH THE SURROUNDING AREA.

AND THERE'S A HUGE RESPONSIBILITY ON THE APPLICANT TO SHOW THAT, NOT ONTO THE NOT ON THE NEIGHBORS.

AND NO USE OR CONDITION CAN BE UNDULY NEGATIVELY IMPACTED DIRECTLY OR INDIRECTLY BY ANY OTHER USE OR CONDITION.

AND SOME OF THE THINGS THAT ARE PARTICULARLY MENTIONED ARE NOISE LEVELS, WHICH IS WHAT WE WANT TO JUST TALK ABOUT TODAY FOR A MINUTE.

I'LL SKIP AHEAD. THIS IS THEIR HOUSE FROM THE FRONT, AS YOU SAW BEFORE.

THE RESTAURANT IS TO THE LEFT OF THAT ON THE.

ON MY LEFT, ON THAT SCREEN.

SOME OF THE SOME OF THE STUFF WE WE JUST WANT TO TALK ABOUT BRIEFLY WITH YOU IS THIS OUTDOOR AREA THAT YOU SAW.

THERE'S A COUPLE UPSTAIRS OUTDOOR AREAS.

WE'VE WORKED WITH THEM AND THEY'VE AGREED NOT TO HAVE ANY DINING OR DRINKING ON THAT NORTHERN SECTION, WHICH IS IMMEDIATELY ADJACENT TO THEIR HOUSE.

NUMBER ONE. NUMBER TWO, THEY'VE AGREED TO PUT THAT WALL UP ON THAT END.

THE ONLY THING THAT BRINGS CONCERN TO THEM IS THIS SOUTHERN END OUTDOOR PATIO AREA WHERE THEY ARE GOING TO HAVE DINING AND AGAIN AND AGAIN, I THINK THEY'VE THEY'VE COME TO THE FACT THAT THEY'RE THEY WANT TO BE ACCOMMODATING.

THEY WANT TO WORK WITH THESE PEOPLE BECAUSE THEY WANT IT TO BE A NICE THING NEXT TO THEIR HOUSE.

BUT THEY'RE CONCERNED ABOUT THE NOISE LEVEL ON THAT.

AND YOU CAN SEE, AGAIN, THIS IS THEIR DOCK.

THIS IS RIGHT NEXT DOOR AS TO WHERE THIS IS GOING TO BE.

YOU CAN SEE THIS IS THE PROPERTY LINE.

THEIR HOUSE IS RIGHT THERE.

THIS IS THE PICTURES THAT THEY PRESENTED.

AND YOU CAN SEE THAT THAT UPSTAIRS AREA IS GOING TO BE RIGHT OUT IN THE OPEN AND COULD HAVE NOISE CONCERNS FOR THEM IF IT'S NOT CONTROLLED AS TO TIME PERIODS OR WHAT'S GOING ON UP THERE.

WE'VE TALKED AND WE WERE AT PGA AND WE TALKED A LOT ABOUT THE NOISE CONTROL REQUEST.

WE TALKED ABOUT THE TRAFFIC.

WE TALKED ABOUT THE DRINKING AND AND THE WAITING AREAS.

THEY'VE ADDRESSED A LOT OF THAT.

WE APPRECIATE THAT AND EGGENBERGS APPRECIATE THAT.

BUT LIKE I SAID, WE'RE REALLY JUST COME DOWN TO THIS FACT THAT THE OUTDOOR AREA STUFF IS THE THING THAT REALLY IS GOING TO AFFECT THEM IN THEIR HOME, ESPECIALLY IF IT'S NOT CONTROLLED AS TO HOURS.

AND SO THESE ARE THE TEXTS THAT YOU HAVE IN YOUR RED FOLDER.

I BELIEVE THE GREEN ONES ARE THE ONES THAT THEY'VE ADDED IN AND ALSO THE RED MARK OFF.

SO IT DOESN'T JUST MEAN RESTAURANT, IT'S ANY KIND OF USE THERE ANY PATRONS THAT ARE ON SITE.

THE ONLY THING THAT WE WOULD ASK YOU, AND THIS IS WHAT THEY DIDN'T NECESSARILY WANT TO COMMIT TO, WAS A TIME PERIOD ON THOSE OUTSIDE AREAS.

AND WE REALLY WOULD ASK YOU TO LOOK AT THAT, BECAUSE IF THEY SAY THAT THE KITCHEN WILL CLOSE AT 1030 ON FRIDAY AND SATURDAY OR 930 ON SUNDAY THROUGH THURSDAY, THAT DOESN'T MEAN THAT THE ACTIVITY OUTSIDE STOPS.

THE ACTIVITY OUTSIDE COULD GO ON UNTIL 2 A.M., AND THAT REALLY CONCERNS THEM BECAUSE OBVIOUSLY THEY LIVE IN THEIR HOUSE AND THERE'S A BEDROOM RIGHT THERE ON THE NORTH END OF THEIR, I MEAN, I'M SORRY, ON THE SOUTH END OF THEIR PROPERTY.

SO WE WOULD SUGGEST THAT SOME TYPE OF LANGUAGE THAT SAID, ADDITIONALLY, THE OUTSIDE AREA SHALL CLOSE AT 9 P.M.

WOULD BE APPROPRIATE FOR THAT OUTSIDE AREA.

AND THEY'RE GOING TO COME UP AND TALK TO YOU FOR A MINUTE TOO.

BUT I THINK THAT THAT'S A REASONABLE REQUEST FOR THEM.

WE'VE TALKED ABOUT THE MUSIC.

THEY'D ALSO LIKE TO MAYBE HAVE THE FACT THAT THERE'S NO AMPLIFIED MUSIC.

I THINK THEY SAID THEY WERE GOING TO CONTAIN THEIR MUSIC TO THE COVERED AREAS AND TO THE BREEZEWAY ON THE LOWER SECTION AND YOU CAN SEE THAT IN THERE.

I CAN'T SHOW YOU WITH MY MOUSE, BUT YOU CAN SEE THAT ON THE HASHED AREAS THERE.

I THINK THE ONLY OTHER CONCERN WOULD BE THAT IF THERE'S AMPLIFIED MUSIC COMING IN THERE THAT COULD, THAT COULD, YOU KNOW, PROJECT OUT ON TOWARDS THE RIVER AND THEN ONTO THEIR PROPERTY. SO AGAIN, I THINK REALLY THE, THEIR CONCERNS AND LIKE I SAID, THEY'RE GOING TO COME UP AND SPEAK TO YOU, BUT REALLY, THEIR CONCERNS ARE THIS OUTSIDE NOISE AT ALL HOURS.

IF WE HAVE SOME KIND OF CONTROL AS TO THE HOURS, WHICH AGAIN, I THINK THE FACT WHEN YOU LOOK AT THEIR DIAGRAMS, YOU CAN SEE THAT IT PROTRUDES A LITTLE BIT AROUND EVEN WHERE THEY'RE GOING TO HAVE THAT WALL.

AND IF THERE'S NOISE TO A CERTAIN AMOUNT OF HOURS, THEY UNDERSTAND IF IT'S DURING THE DAY OR IF IT'S IN THE REASONABLE HOURS OF DINING IN THE EVENING, THAT'S A THING THEY WOULD

[00:55:05]

PREFER NOT TO HAVE IT. THIS IS IN RESIDENTIAL, BUT THEY'VE ACTUALLY BEEN VERY ACCOMMODATING.

THEY'D JUST LIKE SOME CONTROL OVER THE HOURS.

AND I THINK THAT'S REASONABLE BECAUSE THAT'S WHAT OUR CODE TALKS ABOUT.

IT TALKS ABOUT THE REASONABLENESS OF CONTROLLING NOISE AND TIME, ETC.

I'M GOING TO HAVE THEM COME UP HERE AND LET THEM TALK TO YOU FOR A MINUTE OR TWO, SINCE I HAVE A FEW MORE MINUTES LEFT.

I APPRECIATE IT. THANK YOU, MR. CHAIR. HELLO, I'M ERIC EGGENBERGER. WE ARE THE NEIGHBORS TO THE NORTH, 305 NORTH ROSCOE, AND WE DO HOPE TO BE GOOD NEIGHBORS.

AND IT'S BEEN A CORDIAL INTERACTION WITH THE DEVELOPERS.

OUR PRIMARY CONCERN IS THE NOISE.

AND NOISE IS GOING TO BE DICTATED IN TO A DEGREE BY THE MUSIC, AS YOU'VE HEARD JAMES PRESENT THE HOURS OF OPERATION AND THAT SECOND FLOOR BALCONY.

AND SO THOSE ARE OUR PRIMARY CONCERNS.

WE'RE HOPING WE CAN PUT SOME BOUNDARIES AROUND THAT SO THAT OUR PROPERTY VALUE AND OUR ENJOYMENT OF THE PROPERTY, WHICH WE INTEND TO CONTINUE LIVING IN, WON'T BE AFFECTED.

THANK YOU. HI, I'M CAROLYN EGGENBERGER, ERIC'S WIFE ALSO LIVED TO THE NORTH.

I JUST WANT TO SAY THAT I KNOW IT'S YOUR LANGUAGE, BUT WE ARE NOT OPPOSED TO THIS PROJECT.

I KNOW THAT'S WHAT THE LANGUAGE IS.

WE MOVED HERE.

THERE WAS LULUS.

IT PROGRESSIVELY GOT WORSE.

WE HAVE EXPERIENCED WITH THIS AS WE HAVE DISCUSSED.

AND SO THAT'S WHERE A LOT OF THIS COMES FROM.

WE'VE TALKED WITH THE WITH BRAD WESTER AND, AND MET WITH THE POTENTIAL OWNERS AND OPERATORS OF WELL OWNERS.

AND WE DON'T KNOW WHO THE OPERATOR IS GOING TO BE.

BUT OUR CONCERN IS NOT ONLY WITH WHAT THEIR PROJECT IS, IS WHAT IT'S GOING TO BE, BECAUSE THEY MIGHT NOT ALWAYS OWN IT AND THEY MIGHT NOT ALWAYS OPERATE IT.

AND SO THAT'S WHY WE REALLY WANT TO BUTTON THIS DOWN.

WHILE IT'S GOING TO BE A BEAUTIFUL RESTAURANT.

AND WE APPRECIATE THAT AND THE WAY THEY'RE PRESENTING IT TO US, IT'S GOING TO BE AN UPSCALE RESTAURANT.

AND A LOT OF THESE CONCERNS ARE NOT AN ISSUE.

WE DON'T KNOW WHAT THAT'S GOING TO BE IN YEARS TO COME.

SO THAT'S WHY WE JUST WANT TO GET THIS ALL REALLY BUTTONED DOWN.

WE WANT TO MAKE SURE THAT THE SCREENING, THE RIGHT NEAR OUR HOUSE IS GOING TO BE MATURE FROM THE GET GO SO THAT WE CAN ENJOY OUR BACKYARD, THE PRIVACY, OUR POOL.

WE WANT TO ADD THE WORD NON AMPLIFIED FOR THE MUSIC.

AND WE WANT TO MAKE SURE THAT BECAUSE THAT SECOND FLOOR HAS THE POTENTIAL TO US, OR EVEN THE WHOLE BUILDING OF BEING RENTED OUT FOR PRIVATE USE, WE WANT TO MAKE SURE THAT IF THERE IS MUSIC OR GROUPS OF PEOPLE AFTER THESE HOURS THAT WE, WE HOPE AND THE ORDINANCE FOR THE, THE NOISE THAT, YOU KNOW, IS IN PLACE BUT THAT THERE ARE DOORS AND THAT THE DOORS WILL HAVE THAT ENCLOSED MEANS ENCLOSED AFTER HOURS.

AND THEN WE WANT AGAIN, JUST A HARD WE'RE NOT CONCERNED WITH WHEN THE KITCHEN CLOSES.

WE WANT A HARD CLOSE TO THE OUTDOOR AGAIN.

OUTDOORS AGAIN. BECAUSE OF THE NOISE.

THANK YOU. MR. CHAIR. JUST IN SUMMARY, AND COMMISSIONERS, I THINK REALLY THE ONLY THING WE WOULD ASK YOU TO DO IS LOOK AT THE SMALL THINGS.

EVEN THOUGH THEY SEEM SMALL, THEY REALLY THANK THE APPLICANT AND MR. WESTER FOR WORKING WITH THEM TO TO FINALIZE THIS AND GET SOME OF THESE CONCESSIONS.

BUT I REALLY THINK THAT THESE LAST FEW THINGS AND THEY MAY BE WILLING TO WORK WITH THIS.

WE DO ASK THAT. YOU ASK THEM BECAUSE I THINK THOSE ARE VERY SMALL THINGS, AND THEY'LL REALLY HELP THESE PEOPLE'S ENJOYMENT IN THIS RESIDENTIAL CATEGORY.

THANK YOU. THANK YOU.

OKAY. WE'RE GOING TO CONTINUE WITH PUBLIC COMMENT.

AND THEN IF WE HAVE ANY QUESTIONS FROM THE BOARD, WE CAN BRING YOU GUYS BACK UP.

SO WOULD ANYBODY LIKE TO MAKE PUBLIC COMMENT ON AGENDA ITEM NUMBER THREE.

PLEASE COME FORWARD.

STATE YOUR NAME AND ADDRESS.

YOU'LL HAVE THREE MINUTES TO SPEAK.

MRS. BADGER, GOOD MORNING.

GOOD MORNING. SHERRY BADGER, 2772 SOUTH COLLINS AVENUE.

THESE PEOPLE HAVE EVERY RIGHT IN THE WORLD TO BE CONCERNED BECAUSE Y'ALL DON'T HAVE A CODE ENFORCEMENT.

Y'ALL ONLY ENFORCE WHAT YOUR LEADERS UP THERE WANT TO ENFORCE.

LIKE IN MY NEIGHBORHOOD, WE STILL HAVE TRASH TRUCKS, SEMIS.

THEY SLOSH STUFF ALL OVER OUR ROAD.

I'VE BEEN COMING HERE FOR SEVEN YEARS, AND AIN'T NONE OF YOU BEEN HERE DONE ANYTHING ABOUT IT.

SO IT'S BEEN LIKE GIVING A WHEEL SOME GREASE.

OKAY, Y'ALL, YOU'RE ENFORCEMENT, ISN'T THERE? YOUR SEMIS COME, YOUR TRASH TRUCKS COME, AND THESE PEOPLE HAVE EVERY RIGHT TO BE CONCERNED.

THANK YOU.

THANK YOU, MISS BADGER. WOULD ANYBODY ELSE LIKE TO SPEAK? MISS SPIEGEL? GOOD MORNING.

GOOD MORNING. GOOD MORNING.

I JUST HAVE A SMALL COMMENT TO MAKE AN ADDRESS, PLEASE.

[01:00:01]

OH, JUDY SPIEGEL, I'M SORRY.

101 GREEN WILLOW LANE, SAINT AUGUSTINE, 32086.

MY ONLY COMMENT IS I JUST APPRECIATE SO MUCH COMMUNICATION AND I APPRECIATE SO MUCH AN EFFORT OF A DEVELOPER AND A PLANNER TO REALLY WORK WITH THE NEIGHBORS.

AND I THINK THAT THAT'S A BIG FOCUS FOR ME IS JUST WE ALL GOT TO LIVE TOGETHER, WE ALL GOT TO WORK TOGETHER.

THIS IS HUGELY IMPORTANT.

AND SO I THINK I SAID IN HERE THAT THIS IS LIKE THE POSTER CHILD FOR A1 311.

YOU KNOW, THAT THEY REALLY WORKED HARD TO MAKE SURE THAT THE NEIGHBORS WERE HAPPY.

I THINK IT'S A BEAUTIFUL PROJECT.

IT'LL BE A GREAT IMPROVEMENT.

THAT IS NOT A PRETTY PLACE RIGHT NOW.

I'M SURE COMMISSIONER JOSEPH KNOWS SHE DRIVES BY IT.

SO I THINK IT'S AN IMPROVEMENT FOR THE COUNTY.

AND I THINK IT'S A BEAUTIFUL THING.

AND I THINK THAT THE APPLICANT HAS MADE A LOT OF CONCESSIONS TO BE SURE THAT THESE NEIGHBORS CAN BE HAPPY.

SO I THINK THIS IS A GOOD PLAN.

THANK YOU. THANK YOU, MISS SPIEGEL.

YES, SIR. GOOD MORNING.

GOOD MORNING. MY NAME IS CASEY STAMPS.

I LIVE AT 7500 FOUNDERS WAY, PONTE VEDRA AND MARSHALL LANDING, JUST DOWN THE ROAD FROM THIS SITE.

I WAS BORN HERE.

I'VE LIVED HERE MY WHOLE LIFE.

MY PARENTS RAISED ME HERE, AND NOW I'M RAISING A FAMILY OF MY OWN HERE.

I HAVE NO AFFILIATION TO THIS PROJECT NOR INVESTMENT IN IT.

THERE ARE FOLKS HERE TODAY WHO CAN SPEAK TO YOU ABOUT THE WHAT? WHAT THIS PROJECT WILL BE THE HOW, HOW IT WILL BE DONE.

I'M NOT A DEVELOPER NOR AN EXPERT ON THOSE THINGS, AND I CANNOT SPEAK TO THEM.

HOWEVER, I CAN SPEAK TO THE WHY AND IF THE WHY COULD BE ASKED AS WHY IS THIS PROJECT BEING DONE? AND IS IT ONE THAT WILL ALLOW ME TO SPEND MORE TIME WITH MY FAMILY, HAVE MORE OUTINGS AND DINNERS WITH MY FAMILY, BREAK BREAD WITH MY FRIENDS? THEN THE ANSWER TO THAT QUESTION IS YES.

AND I THINK IN THAT CASE, I THEREFORE SUPPORT THIS PROJECT BEING DONE.

THANK YOU. THANK YOU, MR. STAMPS. GOOD MORNING, SIR.

GOOD MORNING. MY NAME IS BRADLEY WADDELL.

I LIVE AT 20 SOUTH ROSCOE, AND I JUST CAME TODAY TO SUPPORT THIS PROJECT.

I THINK IT'S A MAJOR IMPROVEMENT ON WHAT'S THERE TODAY.

I LIVE DIRECTLY ACROSS FROM TWO RESTAURANTS AT 20 SOUTH, AND THE NOISE IS JUST NOT THE ISSUE THAT I THOUGHT IT WAS GOING TO BE WHEN I MOVED IN.

SO I FIGURED THAT WAS PRETTY IMPORTANT TO TALK ABOUT.

WHEN WE MOVED, WE WERE A LITTLE BIT CONCERNED ABOUT IT.

IT'S BEEN NO ISSUE.

WE THE TRAFFIC IS NO ISSUE, AND I JUST WANTED TO COME HERE AND SUPPORT THIS CAUSE.

AND I HOPE YOU ALL WILL CONSIDER VOTING YES TODAY.

THANK YOU. THANK YOU SIR.

HOW ARE YOU? GOOD MORNING JUSTIN RYAN.

I LIVE AT 303 SOUTH ROSCOE.

I'M ACTUALLY PART OF THE OWNERSHIP GROUP THAT'S GOING TO BE DOING THIS PROJECT.

I WANTED TO INTRODUCE MYSELF TO THE OWNERS.

I'M A NEIGHBOR.

I'VE BEEN THERE FOR FOUR YEARS.

I HAVE THREE CHILDREN.

ZERO INTENT ON SELLING THIS IN MY LIFETIME.

HOPEFULLY. SO THIS IS A LEGACY PROJECT I KNOW, FOR THE CRANBERRIES AS WELL.

SO I THINK WE CAN TAKE A LOT OF THOSE FEARS OFF THE TABLE.

I LIVE JUST DOWN FROM PALM VALLEY.

OUTDOORS. TRAFFIC'S NEVER BEEN AN ISSUE.

NOISE HAS NEVER BEEN AN ISSUE.

THE CURRENT LULU'S PLACE IS AN EYESORE.

IT TRULY IS. AND WE'RE REALLY JUST TRYING TO MAKE THE NEIGHBORHOOD A BETTER PLACE TO BE FOR MY FAMILY AND EVERY FAMILY UP AND DOWN.

ROSCOE. SO I JUST WANTED TO MENTION THAT AS YOU GUYS GO THROUGH THIS QUESTION.

THANK YOU. THANK YOU.

MR. HUNT. GOOD MORNING.

GOOD MORNING, CHARLIE HUNT, MILL CREEK ESTATES.

IF IT IF IT HASN'T BEEN ANY ISSUES WITH THE NOISE AND THE TRAFFIC AND EVERYTHING LIKE THAT, WHY DON'T YOU TAKE THE BUILDING AND ENLARGE IT TO HOLD MORE PEOPLE? WON'T THAT AFFECT THE TRAFFIC? WON'T THAT AFFECT THE NOISE BEING COMING OUT OF THE FACILITY.

IF ROSCOE ROAD HAS BEEN SEEN AS NOT BEING A VERY HIGH TRAFFIC THOROUGHFARE.

IF SOMETHING LIKE THAT GOES IN THERE, WON'T THE TRAFFIC PICK UP? I DON'T KNOW. I'M JUST TRYING TO BE USE A COMMON SENSE ON THIS BECAUSE THE LULU THAT WAS THERE, I REMEMBER YEARS AGO GOING THERE, AND IT WAS IT WAS AN OLD PLACE.

BUT IF IT'S LARGER, MORE CAPACITY, WON'T THAT MAKE MORE NOISE AND MORE TRAFFIC? MAYBE. ROSCOE ROAD NEEDS TO GET WIDENED.

THAT'D BE A GOOD IDEA.

SO THAT'S WHAT.

THAT'S WHAT MY, MY CONCERNS ARE JUST TO.

IF IT'S BIGGER, IT'LL BE MORE PEOPLE, MORE NOISE.

THANK YOU. THANK YOU, MR. HUNT. ANYBODY ELSE FOR PUBLIC COMMENT ON AGENDA ITEM NUMBER THREE? SEEING NONE, WE'RE GOING TO CLOSE PUBLIC COMMENT.

THANK YOU SIR.

MR. WOOSTER. BRAD WESTER.

[01:05:08]

DRIVER MCAFEE.

THANK YOU. AND IT HAS BEEN YEARS TIME THAT WE'VE WORKED WITH THE EGGENBERGER.

AND THEY'VE CORDIALLY INVITED US INTO THEIR HOUSE AND ONTO THEIR DOCK.

AND WE'VE SAT AT THEIR TABLE.

AND AND PRESENTED EVERYTHING WITH THEM FROM DAY ONE AND NEGOTIATED UP UNTIL YESTERDAY.

AND I JUST WANTED TO PRESENT A COUPLE OF THINGS TO YOU.

YOU KNOW, THEY'RE THEY'RE FORTHRIGHT.

THEY MOVED THERE IN 2016, AND THEY KNOW THERE WAS A RESTAURANT THERE.

BUT I DID WANTED TO PUT IT INTO CONTEXT OF THE OLD LULU'S.

I MEAN, IT'S OPERATED TENS OF THOUSANDS OF BUSINESS OPERATING HOURS.

AND I'VE DONE SOME PRELIMINARY CALCULATIONS ON IT, AND IT DOES APPROACH OVER 100,000 OUR BUSINESS OPERATING HOURS.

AND THERE'S ONLY TEN PRIDE COMPLAINT REPORTS LISTED FOR ANYTHING FOR THINGS LIKE LIGHTING, HITTING GOLF BALLS OFF THE DOCK.

A POWER WASHER GOING BECAUSE IT WAS LOUD.

AND OF THOSE TEN, ONLY NINE ACTUALLY APPLY BECAUSE TWO OF THEM ARE DUPLICATES.

AND OF THOSE NINE, ONLY TWO OF THEM ARE REGARDING LOUD NOISE FROM A BAND OR LOUD NOISE FROM MUSIC.

ELSEWHERE. SO THAT JUST PUTS IT INTO CONTEXT.

THAT'S NOT TO SAY THAT THEY HAVEN'T BEEN NUISANCE BY THE PREVIOUS RESTAURANT OPERATIONS, AND THEY PRESENTED THAT TO US FROM DAY ONE, AND WE UNDERSTAND THAT.

AND I THINK WE'VE SHOWN HOW WE'VE MITIGATED THOSE THROUGH A LOT OF ARCHITECTURAL ELEMENTS.

BUT I ALSO WANTED TO PRESENT TO YOU I MEAN, YOU KNOW, MR. WHITE HOUSE KNOWS THIS FIRSTHAND, HAVING DONE THE WITH HIS FIRM, THE, THE VALLEY SMOKE PUD DOWN THE ROAD.

I MEAN, THERE WEREN'T HOURS OF OPERATION LIMITATIONS PUT ON THAT.

THERE WEREN'T NOISE AND LIMITATIONS PUT ON THAT.

THERE WAS TEN WAIVERS WHERE WE ONLY HAVE TWO.

SO I THINK WE'RE BEING VERY KIND AND VERY GOOD AND ONLY BUILDING TO THE YIELD THAT THAT PROPERTY WOULD ALLOW IN TERMS OF ITS CONTEXT, NOT ONLY WITH THE ZONING AROUND THERE, BUT WHAT THE PROPERTY COULD HOLD, BUT WHAT WE'VE DONE AND WHAT OTHER RESTAURANTS HAVE NOT DONE IS INCORPORATE OUR HOURS OF OPERATION, INCLUDING WHEN THE KITCHEN CLOSES.

OKAY. WE'VE PUT THOSE IN THE TEXT AND I'D LIKE TO PRESENT THAT AND READ THAT.

AND WHAT WE'VE ALSO DONE IS PUT THE MODERN DAY NOISE ORDINANCE, WHICH IS ORDINANCE 20 1519.

WE'VE PUT THAT CITED IN OUR PUD TEXT.

OKAY. AND WE CAN ADD LAYERS AND LAYERS AND LAYERS OF REGULATION ONTO THIS.

BUT IF THE FIRST ISSUE IS REALLY ABOUT NOISE, AND I KNOW YOU GUYS HAVE A RECORD OF THE EMAIL THAT WAS SENT EARLY ON AND WE'VE HEARD IT, IT'S ALL ABOUT NOISE.

IT'S ALL ABOUT NOISE, NOT NECESSARILY WHO'S UP ON THE SECOND BALCONY OF THE SOUTHERN BUILDING NEAREST THE OTHER EXISTING RESTAURANT? WHO'S UP THERE ENJOYING A DINING EXPERIENCE OR A DRINK IN THE EVENING? IT'S ABOUT THE NOISE THAT'S GENERATED FROM THAT, RIGHT? WELL, WE HAVE A MODERN DAY NOISE ORDINANCE FROM 2015.

WE'VE INCORPORATED THAT LANGUAGE THAT'S ABOVE AND BEYOND ANY OTHER PUD IS DONE TO RECOGNIZE WHAT THAT ORDINANCE IS ABOUT.

AND I WOULD LIKE TO READ YOU THAT.

AND THIS IS SUBPART C OF THAT NOISE ORDINANCE.

THE OPERATION OF ANY INFORMATION DEVICES WHICH IS RADIOS, TELEVISIONS, PHONOGRAPHS, RECORDINGS AND PLAYBACK DEVICES AND SOUND REPRODUCTION EQUIPMENT.

HOURS OF 10 P.M.

UNTIL 7 A.M. ON SUNDAY THROUGH THURSDAY.

HOURS 11 P.M. TO 7 A.M.

ON FRIDAY THROUGH SATURDAY.

IN SUCH A MANNER AS TO BE PLAINLY AUDIBLE AND PLAINLY DISCERNIBLE INSIDE THE COMPLAINANTS CHAMBER OR DWELLING UNIT AT A DISTANCE OF 100FT OR MORE FROM THE SOURCE PROPERTY LINE, SHALL BE A VIOLATION OF THIS ORDINANCE.

WE'VE INCLUDED THAT AS A BACKSTOP TO THE HOURS WHICH WE'VE INCORPORATED, WHICH ARE 30 MINUTES LESS THAN THAT NOISE ORDINANCE.

OKAY. AND SO WHAT I'D LIKE TO PRESENT TO YOU AND READ HERE.

I KNOW WE HAVE NEW AV EQUIPMENT AND I'M THE GUINEA PIG ON THIS, SO HOPEFULLY THE WE CAN ZOOM INTO THAT, BUT I WILL READ IT.

THESE ARE THE LATEST ELEMENTS THAT WE'VE INCORPORATED.

AND AS YOU SAW FROM THE PCA HEARING, WE'VE INCORPORATED A FOOTPRINT.

A FLOOR PLAN DIAGRAM AND A FOOTPRINT DIAGRAM TO SHOW EXACTLY WHERE THE THE DINING AND RESTAURANT EXPERIENCE IS AND WHERE THE MUSIC IS LIMITED TO.

WE'VE ALL PROFFERED THAT WE'VE COMPROMISED ON EVERYTHING.

IN ADDITION TO THE ARCHITECTURAL BUFFERING AND LANDSCAPING AND ELEMENTS AND HARDSCAPE ELEMENTS AS DESCRIBED IN HERE, THEY'VE BEEN DESIGNED WITH PURPOSE, INCLUDING THE DEACTIVATED AREAS AS DEPICTED IN THE ARCHITECTURAL ELEVATIONS.

EXHIBIT C, MDP MAP, AND THE FOOTPRINT EXHIBIT AS PART OF THIS PUD.

THE BUSINESS HOURS AND OPERATIONS WILL BE COMMENSURATE WITH OTHER LIKE QUALITY RESTAURANTS IN PALM VALLEY AND PONTE VEDRA BEACH.

THE DINING SERVICE, FOOD AND BEVERAGE SERVICE WILL BE LIMITED TO THE ENCLOSED CONDITIONED SPACE AND THE UNCONDITIONED COVERED SPACE AREAS ONLY AS DEPICTED IN OUR ARCHITECTURAL ELEVATIONS, AND THE EXHIBIT C MDP MAP AND THE FOOTPRINT EXHIBIT, WHICH WE PROVIDED.

THE KITCHEN SHALL CLOSE FOR RESTAURANT SERVICE BY 10:30 P.M.

ON FRIDAY AND SATURDAY OR HOLIDAYS, AND BY 9:30 P.M.

ON SUNDAY AND THURSDAY SUNDAY THROUGH THURSDAY.

EXCUSE ME. MUSIC.

MUSIC IS ALLOWED. AND THIS IS AN IMPORTANT CONTEXT BECAUSE THIS IS NOT A LULU'S PITCH HERE.

MUSIC IS ALLOWED AND INTENDED TO SERVE AS AN UNOBTRUSIVE ACCOMPANIMENT AND ENJOYMENT AT AMBIENT SOUND LEVELS, WHETHER BY MUSICIAN OR SPEAKER, AND SHALL BE LOCATED

[01:10:06]

ONLY IN THE ENCLOSED CONDITION SPACE OR THE FIRST FLOOR COVERED AREA BREEZEWAY BETWEEN THE BUILDINGS.

IMPORTANT TO REMEMBER THE BREEZEWAY BETWEEN THE BUILDINGS WE SHOWED IN THE ARCHITECTURAL PLANS.

FURTHERMORE, THE RESTAURANT WILL COMPLY WITH THE SAINT JOHNS COUNTY ORDINANCE, 20 1519 REGARDING THE REGULATIONS FOR CONTROL OF NOISE FROM THE PROPERTY, NOT JUST CONTROL OF NOISE, BUT CONTROL OF NOISE FROM THE PROPERTY.

THERE SHALL BE NO WEBSITE PROMOTION.

THIS IS WHAT WE ADDED YESTERDAY.

NO WEBSITE PROMOTION BY THE RESTAURANT OF ANY LIVE AMPLIFIED MUSIC.

LULU'S CAN'T SAY THAT YOU CAN GO TO THE LULU'S WEBSITE RIGHT NOW AND YOU CAN GOOGLE IT.

THEY STILL HAVE A LIST OF BANDS FOR TWO WEEKS OUT AND WHO'S GOING TO SHOW UP? THAT'S NOT THIS TYPE OF RESTAURANT.

MORE IMPORTANTLY, A 100% OPAQUE WALL WOULD OR OTHER IN LIEU OF THE LATTICE SCREEN AS DEPICTED IN ARCHITECTURAL ELEVATION, SHALL BE INSTALLED ON THE NORTHERN EDGE OF THE SECOND FLOOR BALCONY AREA TO PROVIDE ENHANCED SCREENING AND BUFFERING.

AND SO WHAT WE ASK IS AS PRESENTED AND AS PROFFERED AND AS CONDITIONED THROUGH MANY ITERATIONS OF THIS, INCLUDING LAST NIGHT, THAT WE ASK FOR YOUR APPROVAL AS WHAT IS SHOWN, WE PREFER THE DINING AREA ON THE SECOND FLOOR OF THE SOUTHERN BUILDING BALCONY THAT IS FAR AWAY FROM THE NORTHERN PROPERTY LINE.

IT'S ACTUALLY CLOSER TO PALM VALLEY FISH CAMP RESTAURANT IN THE EXISTING COMMERCIAL.

AND AGAIN LETTING THE NOISE ORDINANCE AS CITED AND THE KITCHEN HOURS OF OPERATION DETERMINE YOU KNOW, THE THE CONTEXT OF THIS FOR THAT SPECIFIC SPACE IN THERE.

I THINK THAT'S WHAT THEY'RE MOSTLY WORRIED ABOUT.

IS THE NOISE. SO WE'VE ADDRESSED THE MUSIC, ADDRESSED THE NOISE, ADDRESSED THE DINING AND RESTAURANT EXPERIENCE AND THE KITCHEN HOUR CLOSURE TIMES.

OTHER PUDS ON ROSCOE.

CAN'T SAY THAT WE'VE DONE THAT.

WE'VE ADDED WE'VE GONE ABOVE AND BEYOND.

AND I THINK I'VE HEARD THAT SPECIFICALLY SAID TO US, WE'VE GONE ABOVE AND BEYOND AND WE WILL CONTINUE TO DO THAT.

WE'LL WORK WITH THEM ON THE ON THE LANDSCAPE ARCHITECTURE AS WE'RE PUTTING IN INSTALLING THE THINGS I THINK MISS EGGENBERGER DESCRIBED.

CAN WE HAVE MATURE STUFF PUT IN ROBUST BIG THINGS? WELL, WE HAVE A LANDSCAPE ARCHITECTURE PLAN AND I THINK YOU GUYS KNOW THIS.

BESIDES SOME OF THE SCENIC ELEMENTS IN THE NORTHWEST SECTOR, THE PALM VALLEY OVERLAY LANDSCAPE LANDSCAPE ARCHITECTURE CODE IS THE MOST STRICT IN THE ENTIRE COUNTY.

WE DIDN'T ASK FOR ONE WAIVER FROM THAT.

SO WE WILL WORK WITH THE BURGERS ON THIS, INCLUDING THE LANDSCAPING AND WHAT LOOKS BEST IN CERTAIN SPECIFIC AREAS.

BECAUSE AS YOU'VE HEARD, THE OWNERSHIP, THIS IS A PROJECT THAT THE OWNERSHIP IS TAKING ON.

WE ARE GOING TO HIRE A RESTAURATEUR TO COME AND MANAGE THIS, AND IT'S GOING TO BE VERY, VERY HIGH QUALITY, HIGH CLASS.

AND I THINK WE'VE REPRESENTED THAT AND PROVIDED THE MITIGATIVE ELEMENTS IN THIS FOR THE COMPATIBILITY.

SO WE ASK FOR YOUR APPROVAL ON THE CONDITIONS APPLIED.

THANK YOU. I HAVE A QUESTION.

THANK YOU, MR. WESTER.

QUESTIONS OR COMMENTS FROM THE BOARD COMMISSIONER JOSEPH.

YES. MR. WESTER CAN I JUST THE MY WHOLE PROBLEM WITH THIS AT ALL WAS THE NOISE OUTSIDE BECAUSE WE GO TO VALLEY SMOKE.

WE GO TO THE NORTH CAMP.

THEY DON'T HAVE OUTSIDE MUSIC.

IT'S AWESOME. YOU CAN HEAR THE RIVER, THE BOATS.

IT'S REALLY WELL DONE.

AND IT SOUNDS LIKE THAT'S WHAT YOU WANT AND THAT'S WHAT YOU'RE GOING TO DO.

AND MY ONLY QUESTION WOULD BE IF THE IF THE RESTAURANT CLOSES AT A CERTAIN TIME, CAN YOU CLOSE THE OUTDOOR AREA? A HALF AN HOUR LATER, THE THE RESTAURANT CLOSES A HALF AN HOUR LATER.

WELL, NO, NO, THE IF, THE IF THE THE INDOOR FOOD SERVICE CLOSES AT LET'S SAY 1030 AND THEN WHAT IS IT DURING THE WEEK NINE. IT'S 930.

YES. CAN CAN THE OUTDOOR SPACE CLOSE A HALF AN HOUR LATER? JUST NOT THE NOT THE EATING AREA BUT THE OUT, YOU KNOW, OUTSIDE PATIO.

JUST IT'S JUST A QUESTION.

YEAH. AND NORMALLY THE OUTSIDE PATIO AREA IS GOING TO BE FOR FOLKS WAITING FOR TABLES AND WAITING FOR SEATS AT THE RESTAURANT ITSELF OR ENJOYING A DRINK, MAYBE AFTER DINNER.

SO I FEEL THAT'S ACCEPTABLE.

THERE ARE ELEMENTS THAT, YOU KNOW, IF WE HAVE A PRIVATE EVENT WE CAN MANAGE THAT AND WE CAN ACTUALLY ADD THAT IN HERE, THAT IT IS JUST RELATED TO THE, THE INDOORS.

BUT THE WHOLE POINT OF BEING ON THE RIVER AND WE WANT TO PAY RESPECT TO THE OBVIOUSLY THE RESIDENTIAL ELEMENT NEXT DOOR.

BUT WE DO WANT TO BE ABLE TO ENJOY THE RIVER AND THE OUTDOORS.

SO 11, 11:00 AT NIGHT TO BRING EVERYBODY IN.

I MEAN, IS THAT I THAT'S NOT UNREASONABLE.

AND I DON'T KNOW HOW MUCH OF THE OTHER RESTAURANTS ARE EVEN HAVING PEOPLE AT 11 OR MIDNIGHT, EXCEPT FOR MAYBE NEW YEAR'S.

I MEAN, YEAH, RIGHT.

WELL, I MEAN, THAT'S JUST A QUESTION.

I UNDERSTAND.

IF THIS WERE RESIDENTIAL, WE WOULDN'T APPLY THE SAME CONDITIONS.

FOLKS CAN HAVE A GATHERING, A PARTY ON THEIR DOCK TILL 2 A.M.

TILL WHENEVER. THERE WOULDN'T BE RESTRICTIONS ON THAT.

AND THERE COULD BE TWO RESIDENCES HERE.

TWO DOCKS, TWO BACKYARDS, TWO POOLS, TWO WEDDINGS GOING ON AT THE SAME TIME.

WE WOULDN'T APPLY THE SAME FOR A RESIDENTIAL AND THEY CAN STILL HOST A PARTY, THEY CAN STILL HOST AN EVENT, THEY CAN HAVE TRAFFIC AND VALET OUT FRONT.

AND SO WE WOULDN'T ASK OR ENCUMBER A RESIDENCE TO DO THAT SAME REQUEST IF THEY HAD A PARTY OUT BACK.

[01:15:01]

WE'RE ASKING IN SELF PROFFERING A LOT OF THIS.

I MEAN, I WOULD SAY IF WE COULD LIMIT IT TO AN HOUR AFTER THAT.

SOUNDS GOOD. OKAY, THANKS.

THROUGH THE CHAIR. THROUGH THE CHAIR TO THE BOARD.

I JUST WANT TO CLARIFY SOMETHING ON THE RECORD.

AND I'VE SAID THIS BEFORE.

MR. WHITEHOUSE IS AN EXPERT IN LEGAL MATTERS, AND HE IS BOARD CERTIFIED.

HOWEVER, HIS KNOWLEDGE IS ONLY TO LEGAL KNOWLEDGE.

HE IS NOT A FACT EXPERT AS IT RELATES TO COMPETENT, SUBSTANTIAL EVIDENCE UPON WHICH YOU BASE YOUR DECISIONS.

THANK YOU. KELLY.

ANY OTHER QUESTIONS OR COMMENTS FROM THE FROM THE BOARD REGARDING THIS? AND WE'LL UPDATE THE TEXT WITH STAFF AS WE'VE COMMITTED TO AND SHOWN, AND WE'LL DO THAT AS WELL.

SHOULD I MAKE A MOTION? OH! OH, COMMISSIONER WHITEHURST.

MR. WESSLER, I.

YES, SIR. THE RESTAURANT LOOKS BEAUTIFUL.

THE RENDERINGS ARE BEAUTIFUL.

I AM POSITIVE THAT IF THIS IS APPROVED, THAT IT'LL BE PACKED SEVEN NIGHTS A WEEK.

BECAUSE THERE'S DEMAND FOR THIS KIND OF A RESTAURANT ON THE INTRACOASTAL WATERWAY.

MY WIFE AND I ARE OUT THERE FROM TIME TO TIME.

THE CONCERN I HAVE IS WITH THE AMPLIFIED MUSIC.

MRS. EGGENBERGER ASKED FOR NON AMPLIFIED MUSIC.

TELL ME, WILL THE AMPLIFIED MUSIC BE INDOORS WITH THE DOORS CLOSED OR IS IT IN THE BREEZEWAY? I WANT TO MAKE SURE I'M UNDERSTANDING WHEN IT SAYS IT'S IN THE ENCLOSED AREA.

WHAT THAT MEANS? YES, SIR.

YEAH. SO THE IT IS EITHER IN THE ENCLOSED AREA INSIDE COMPLETELY ENCLOSED OR THE BOTTOM BREEZEWAY BETWEEN THE TWO BUILDINGS.

THAT'S IT. SO THE AMPLIFIED MUSIC COULD BE IN THE BREEZEWAY.

RIGHT. AND THE AMPLIFIED STILL HAS TO ADHERE TO THE SOUND ORDINANCE.

OKAY. SO THIS ISN'T WHAT LULU'S USED TO BE.

IT MAY BE A PERSON LIKE YOU ME MAY SEE AT THE INNING CLUB OR THE OR THE LODGING CLUB WITH SOME NICE.

AND WE'VE PUT IT IN HERE BECAUSE WE WANT TO DEFINE IT.

THE AMBIENT ELEMENT OF THIS MUSIC.

IT ISN'T MEANT TO BLAST PEOPLE OUT OF THERE.

IT'S A REALLY CLOSE, INTIMATE SETTING.

AND AS YOU'VE HEARD FROM SOME FOLKS, THEY WANT TO BREAK BREAD WITH THEIR FAMILY AND FRIENDS.

YOU CAN'T DO THAT WHEN YOU'RE GETTING BLASTED BY AN AMPLIFIER.

SO IT'S NOT MEANT TO BE THAT.

AND I THINK WE'VE CODIFIED THAT IN OUR TEXT ON WHAT THE CHARACTER OF THAT MUSIC SHOULD BE IN HERE TALKING ABOUT.

YOU KNOW, THE MUSIC IS ALLOWED AND INTENDED TO SERVE AS AN UNOBTRUSIVE ACCOMPANIMENT AND ENJOYMENT OF AMBIENT SOUND LEVELS.

SO WHAT WE'VE DONE IS CODIFIED THAT WITH AN EXHIBIT SAYING TO ENCLOSED AREAS ONLY, YES, DOORS SHUT, WINDOWS SHUT, AND THEN ONLY IN THE BREEZEWAY AREA AS YOU WALK UP ON THE BOTTOM FLOOR.

THAT'S IT. NOT ON THE BALCONY OUT BACK, NOT ON THE BALCONY ON THE NORTHERN SECTION, AND NOT OUT BY THE WATER ON THE DOCK.

COULD I BE OUT THERE BEHIND A DRUM SET? IN MY PAST LIFE I WAS IN SOME GARAGE BANDS AND I KNOW HOW FAR THAT SOUND CARRIES WHEN YOU HIT THAT SNARE DRUM.

I MEAN, I'M I'M CONCERNED ABOUT THINGS LIKE THAT.

IF WE DON'T NARROWLY DEFINE WHAT IS ALLOWED IN THE BREEZEWAY SPECIFICALLY.

OKAY. COULD I BE OUT THERE IN A DRUM SET? NO. WHAT WE COULD DO IS ANY.

IF WE HAVE A, FOR INSTANCE, WE CAN PUT DRUM SET IN THERE FOR YOU.

FOR ME, I'M.

I'M THE DRUMMER. I'M VERY CONCERNED ABOUT THAT SOUND.

SPECIFICALLY THE CHRISTIAN WHITEHURST CODIFIED SECTION OF THIS TEXT.

ANY DRUM SET SHALL BE ENCLOSED INSIDE WHOLEHEARTEDLY.

SO I'LL CRAFT THAT LANGUAGE.

I MEAN, YES, I UNDERSTAND WHAT YOU'RE AFTER, AND WE CAN FURTHER CODIFY THAT.

BUT YES, ANY ANY DRUM SET THAT IS OUT THERE SHALL BE IN THE ENCLOSED AREA.

I DOUBT THAT'S GOING TO HAPPEN, BUT IF THERE IS A WEDDING THAT IS THERE, THEY MAY HAVE A BAND THERE, BUT IT NEEDS TO BE ENCLOSED.

YEAH I UNDERSTAND. THANK YOU.

AND THERE'S A METHOD TO MY MADNESS.

ANY RANK AND FILE SHERIFF'S DEPUTY THAT I'VE EVER SPOKEN WITH OR THE SHERIFF HIMSELF.

THEY HAVE A HARD TIME DETERMINING WHAT THE DECIBEL LEVELS ARE.

YES. AND SO THAT'S DIFFICULT.

I DO WANT TO MAKE SURE THAT THERE ARE SOME DEFINITIONS ABOUT WHAT IS ALLOWED IN THE OUTSIDE AREA VERSUS THE ENCLOSED BEHIND DOORS AREA.

YES, BECAUSE THE EGGENBERGS I THINK HAVE BEEN REASONABLE IN THEIR IN THEIR CONCERNS.

YEAH. AND AND THAT'S ONE AND WE ARE WE ARE AWARE OF THEIR CONCERNS.

WE'VE BEEN ON THEIR DOC.

WE'VE BEEN IN THEIR HOUSE. WE'VE WALKED THE PROPERTIES.

WE'VE SEEN IT. WE UNDERSTAND LULUS I'VE BEEN TO LULUS, I'VE BEEN TO PALM VALLEY FISH CAMP.

I'VE BEEN THERE BY BOAT.

SO I KNOW WHAT IT'S LIKE TO LIVE THERE AT NIGHT ON A BOAT.

BUT UNLIKE SOME OTHER RESTAURANTS ALONG ROSCOE AND SHORE, THEIR NAME NAMELESS BECAUSE I LIKE THEM AS WELL.

BUT THEY HAVE KIND OF SELF PROFFERED THROUGH OTHER MEANS, LIMITATIONS ON WHEN THAT BAND CAN BE OUT THERE AND THE LIGHTING AND THE NOISE.

AND THIS IS TOTALLY DIFFERENT.

INITIALLY, WE EVEN TALKED ABOUT HOW MANY BOATS ARE GOING TO BE OUT ON THE WATERWAY.

WELL, IT'S JUST FIRST COME, FIRST SERVE.

I'VE BEEN THERE'S TIMES WHERE I HAVEN'T BEEN ABLE TO GO TO FISH CAMP BECAUSE THE BOAT THAT THERE WERE TWO BOATS OUT THERE, AND THAT'S REALLY ALL I CAN HOLD.

SO SAME THING AS DOC.

I MEAN, IT'S NOT THAT BIG.

BUT INITIALLY THE CONCERNS WERE, OH, GOD, WE DON'T WANT TO BE THAT DOWN THERE.

SO I THINK WE'RE TRYING TO CODIFY THAT.

AND BUT NOT LIMIT OURSELVES TO THE RESTAURATEURS THAT ARE VYING TO BECOME PART OF THIS BECAUSE IT IS AN ELEMENT, FOR INSTANCE, AMBIENT MUSIC, SOMETHING VERY TASTEFUL AND HIGH QUALITY TO BE A PART OF A REALLY GOOD, HIGH CLASS, HIGH QUALITY RESTAURANT EXPERIENCE.

[01:20:02]

AND WE DON'T WANT TO LIMIT THAT.

SO I THINK TO THE BEST OF OUR ABILITY, WE WORKED WITH THEM AND WE'VE WORKED WITH YOU NOW TO KIND OF RE CODIFY THAT.

AND I'LL INCLUDE THAT LANGUAGE IN HERE ON THE ADDITIONAL HOURS AND THE MUSIC, THE DRUM SET CLAUSE.

CAN I HAVE AN ACCORDION CLAUSE.

YOU CAN HAVE AN ACCORDION CLAUSE.

YES, MA'AM. AND LET ME BE CLEAR, I'M NOT QUESTIONING THE INTENT OF THE GROUP OR ANYBODY INVOLVED.

I KNOW THAT YOU GUYS ARE GOOD NEIGHBORS AND THAT YOU WANT TO DO THE RIGHT THING.

JUST TEN YEARS DOWN THE ROAD, I WANT TO MAKE SURE THAT THERE'S SOME LANGUAGE.

I GET IT, BUT JUST TO PUT IT IN CONTEXT TO LIKE THEY ASKED FOR, IF YOU'RE GOING TO DO THE BALCONY ON THE SECOND FLOOR, UPPER LEVEL, CAN YOU PUT A SCREENING FENCE OR A SCREENING WALL THERE? WELL, THAT REALLY RUINS THE AMBIANCE OF BEING OUT THERE AND SEEING THE WATERWAY.

AND WHILE YOU'RE THERE.

SO WHAT WE'VE DONE IS BEEFED UP THAT SCREENING WALL IN THE NORTHERN SECTION, AND WE'VE LIMITED THAT TO NO DINING AND FOOD SERVICE AT ALL.

YOU JUST GO SIT THERE. YOU CAN WAIT FOR YOUR TABLE ENJOY THE EVENING OR WHATEVER.

SO WE'VE KIND OF SELF PROFFERED A LOT OF DIFFERENT THINGS.

I MEAN, WE'VE GONE FROM A LIST OF, YOU KNOW, 20 DOWN TO, I THINK 1 OR 2.

AND I THINK WE'RE CONTINUING THIS.

SO I ASK FOR YOUR CONSIDERATION ON THESE ADDITIONAL OPTIONS THAT WE'LL INCLUDE IN THE TEXT LANGUAGE.

OKAY. CAN I MAKE A MOTION? I'D LIKE TO MAKE A MOTION TO ENACT AN ORDINANCE.

2024 DASH 48 APPROVING PUD 20 2326 301 NORTH ROSCOE RESTAURANT BASED ON NINE FINDINGS OF FACTS AS PROVIDED WITHIN THE STAFF REPORT.

SECOND, OKAY, WE HAVE A MOTION AND A SECOND WE'RE GOING TO DO A VOICE VOTE.

COMMISSIONER JOSEPH. MR. CHAIR, DO WE WANT TO MAKE SURE THAT'S THE MOTION WITH CONDITIONS.

SO IT'S NOT WITH CONDITIONS, BUT YOU WOULD BE INCORPORATING THE LANGUAGE RELATED TO THE DRUM SET AND THE HOURS OF OPERATION AND THE ACCORDION AND THE ACCORDION.

I'LL GET THAT BACK TO STAFF. OKAY.

THANK YOU. OKAY.

YES YES YES, YES.

MOTION PASSES. THANK YOU.

ALL RIGHT. THANK YOU. APPRECIATE IT.

ALL RIGHT. MOVING ON TO AGENDA ITEM NUMBER FOUR, GREENBRIER.

[4. Public Hearing * DEVAGRMOD 2024-01 First Amendment to Greenbriar Helow HBIS Development Agreement. Greenbriar Property Holdings, LLC (Developer) has proposed a modification to the Greenbriar Helow HBIS Development Agreement (Agreement) to: 1) allow the County to utilize mitigation funds for the CR 210/Greenbriar Rd/Veterans Pkwy intersection improvements in addition to the widening of Longleaf Pine Pkwy, as originally contemplated in the Agreement; 2) to allow the developer additional time to complete the Greenbriar Road widening; and 3) to provide for wetland mitigation credits for Greenbriar Road widening in the County’s ROMA, if needed. There are no changes proposed to the approved development or limits on platting based on completion of mitigation. This is the first of two required public hearings to modify a Development Agreement. The second public hearing is scheduled before the Board of County Commissioners on November 5, 2024.]

HELLO, MISS ELLEN AVERY SMITH.

GOOD MORNING, MR. CHAIR.

COMMISSIONERS, GOOD TO SEE YOU.

ELLEN AVERY SMITH.

ROGER SOWERS, 100 WHETSTONE PLACE HERE IN SAINT AUGUSTINE.

AND BEFORE I GET GOING ON MY POWERPOINT I WANT TO TELL YOU A LITTLE STORY ABOUT WHY WE'RE HERE.

SO ONE DAY, A FEW MONTHS AGO, I WAS IN MY OFFICE AND I RECEIVED A CALL FROM SOMEONE ON THE COUNTY STAFF SAYING, WE HAVE.

THE COUNTY IS ALMOST FINISHED WITH THE CONSTRUCTION OF THE WIDENING OF LONGLEAF PINE PARKWAY BETWEEN GREENBRIAR ROAD AND VETERANS PARKWAY, AND WE'VE SAVED ABOUT $4 MILLION.

WILL YOUR CLIENTS AGREE THAT THAT $4 MILLION CAN BE USED FOR ANOTHER IMPROVEMENT TO A COUNTY ROAD? AND SO THAT'S THE GENESIS OF WHY WE'RE HERE TODAY, TO TALK ABOUT COOPERATION BETWEEN THE PUBLIC ENTITY OF SAINT JOHNS COUNTY AND A PRIVATE ENTITY OF THE LANDOWNER THAT I'M ABOUT TO INTRODUCE YOU TO, WHICH IS GREENBRIER PROPERTY HOLDINGS, WHICH OWNS, I'LL CALL IT HALF OF WHAT'S CALLED THE GREENBRIER HILO PROJECT.

AND WITH ME TODAY FROM GREENBRIER PROPERTY HOLDINGS IS KEVIN CRAMER.

ALSO ENGLAND HOMES.

AND MILLER IS THE PROJECT ENGINEER AND PLANNER.

AND THEN I'VE ALREADY INTRODUCED YOU TO MYSELF.

SO YOU MANY OF YOU WILL RECALL THAT ABOUT TWO YEARS AGO, THIS BOARD APPROVED A COMP PLAN AMENDMENT AND A PUD REZONING FOR ABOUT HALF OF THE PROPERTY THAT IS ON THIS MAP.

THIS MAP JUST SHOWS YOU WHAT'S OWNED BY GREENBRIAR LAND HOLDINGS.

THIS MAP SHOWS YOU THE GREENBRIAR HILO MASTER PLAN THAT INCLUDES NOT ONLY PROPERTY OWNED BY GREENBRIAR PROPERTY HOLDINGS, BUT HILO PROPERTIES. AND SO YOU'LL RECALL THAT THE COMP PLAN AMENDMENT AND THE PUD WERE APPROVED.

AND THE BOARD ALSO APPROVED TWO COMPANION DEVELOPMENT AGREEMENTS.

AND SO THOSE COMPANION DEVELOPMENT YOU CAN SEE ALSO, BEFORE I GET INTO THOSE COMPANION DEVELOPMENT AGREEMENTS, THE HILO PROPERTIES ARE THE ONES THAT ARE IN THE BLUE.

THAT INCLUDES ABOUT 1500 MULTI-FAMILY RESIDENTIAL UNITS AND A SEVERAL MILLION SQUARE FEET OF COMMERCIAL AND NONRESIDENTIAL USES.

AND THEN THE GREENBRIAR PROPERTY IS IN THE ORANGE, AND IT INCLUDES 2061 RESIDENTIAL UNITS, INCLUDING 917 117 AGE RESTRICTED.

AND SO THOSE WERE THOSE ARE THE LANDS THAT WERE INCLUDED IN THE COMP PLAN AMENDMENT, THE PUD AND THEN THE TWO COMPANION DEVELOPMENT AGREEMENTS.

THOSE DEVELOPMENT AGREEMENTS PAID A PROPORTIONATE SHARE OF $23.7 MILLION, IN ADDITION TO PREPAYING IMPACT FEES OF $5.2 MILLION.

AND A LOT OF THAT MONEY, INCLUDING 19.2 MILLION, WAS PAID TO THE COUNTY TO WIDEN FROM 2 TO 4 LANES.

THIS SECTION OF LONGLEAF PINE PARKWAY FROM HERE AT ROBERTS ROAD, SO JUST NORTH OF GREENBRIAR ROAD, ALL THE WAY AROUND TO VETERANS PARKWAY TO

[01:25:06]

TIE IN HERE.

AND THE COUNTY HAD PLANS AT THAT TIME TO BUILD THE ROAD, AND THE COUNTY IS ALMOST FINISHED BUILDING THAT ROAD.

AND SO GOING BACK TO THAT DAY, IN THE END OF 2022, WHEN THE BOARD APPROVED ALL OF THESE AGREEMENTS BETWEEN THE HILO FAMILY AND GREENBRIAR PROPERTY HOLDINGS.

THEY PAID $19.2 MILLION TO THE COUNTY IN THE FIRST QUARTER OF 2023.

SO THEY LIVED UP TO THE FIRST OBLIGATION IN THEIR DEVELOPMENT AGREEMENT BEFORE THE MONEY WAS DUE.

THE COUNTY TOOK THAT MONEY.

NOW YOU'RE ALMOST FINISHED WIDENING LONGLEAF PINE PARKWAY.

GREENBRIAR PROPERTY HOLDINGS STILL HAS TO WIDEN THIS PORTION.

THEY ARE CONSTRUCTING THE WIDENING, BY THE WAY, OF THIS PORTION OF GREENBRIAR ROAD FROM THE INTERSECTION OF VETERANS PARKWAY, COUNTY ROAD 210, COUNTY ROAD TWO, TEN WEST, AND GREENBRIAR.

SO THIS IMPROVEMENT WILL BE COMMENCED NEXT YEAR AND THEN WILL BE COMPLETED WITHIN THE TIME FRAME ALREADY SET FORTH IN THE DEVELOPMENT AGREEMENT.

SO NOTHING IS CHANGING WITH RESPECT TO THAT OBLIGATION FOR THE $9.7 MILLION ROADWAY IMPROVEMENT.

SO AGAIN, STILL $40 MILLION WORTH OF ROAD.

EXCUSE ME. ROADWAY IMPROVEMENTS.

SO AGAIN, IN DECEMBER OF 2022, THIS BOARD APPROVED THOSE TWO COMPANION DEVELOPMENT AGREEMENTS.

IN COMBINATION, THEY REQUIRED THE LANDOWNERS TO PAY $23.7 MILLION IN PROPORTIONATE SHARE FOR THE RESIDENTIAL UNITS THAT WERE INCLUDED, AND TO PREPAY APPROXIMATELY $5.2 MILLION.

AGAIN, THE FUNDS WERE PAID IN THE FIRST QUARTER OF 2023.

THE COUNTY HAS USED THAT MONEY ABOUT 19.2 MILLION, TOWARD THE WIDENING OF LONGLEAF PINE PARKWAY, AND THEN THE SECTION OF GREENBRIAR TO THE TUNE OF $9.7 MILLION IS FORTHCOMING.

SO GOING BACK TO THE TELEPHONE CALL, GET A CALL FROM THE COUNTY STAFF.

WE'VE SAVED $4 MILLION OF PUBLIC FUNDS THAT WERE SLATED FOR LONGLEAF PINE PARKWAY WIDENING.

WELL, THE DEVELOPMENT AGREEMENTS SAY THE $4 MILLION DOLLARS HAS TO BE USED FOR THE WIDENING OF LONGLEAF PINE PARKWAY.

AND SO WE ARE HERE TO JUST MODIFY ONE DEVELOPMENT AGREEMENT.

WE DIDN'T WE DIDN'T WANT TO WORRY ABOUT MODIFYING TWO.

SO IT'S NOT THAT MR. HILO IS HE WOULD BE HERE AS A COMPANION APPLICATION, BUT IT JUST WAS EASIER TO MODIFY ONE DEVELOPMENT AGREEMENT TO ALLOW THAT $4 MILLION TO BE MOVED OVER TO CONSTRUCTION OF THE INTERSECTION OF COUNTY ROAD TWO, TEN 210 WEST VETERANS AND AND GREENBRIAR.

SO THAT'S AN ONGOING CONSTRUCTION PROJECT THAT THE COUNTY HAS.

I'M SURE MR. CALDWELL, MR..

KENT, MR. DESOUZA CAN ANSWER WHATEVER QUESTIONS ABOUT THE STATUS OF THAT INTERSECTION.

BUT THE IDEA, AGAIN, IS TO MOVE THIS $4 MILLION THAT YOUR STAFF HAS SAVED TO THIS OTHER INTERSECTION TO ALLOW OTHER IMPROVEMENTS ON COUNTY ROADS IN THAT AREA.

WHILE WE WERE DEALING WITH THE DEVELOPMENT AGREEMENT.

SOME OF YOU MAY KNOW AND SOME OF YOU MAY NOT, THAT THERE IS AN ONGOING ISSUE BETWEEN THE FEDERAL GOVERNMENT AND THE STATE OF FLORIDA GOVERNMENT WITH RESPECT TO WETLAND PERMITTING. THERE WAS AN ISSUE WITH THE THE FEDERAL GOVERNMENT DELEGATING ITS FEDERAL PERMITTING RESPONSIBILITIES TO THE STATE OF FLORIDA DEP. A JUDGE HAS VACATED THAT DELEGATION, SO THAT DELEGATION HAS GONE BACK TO THE ARMY CORPS OF ENGINEERS.

NOW, WHICH I'M TELLING YOU THIS LONG STORY TO TELL YOU THAT THE PERMITS ARE SIGNIFICANTLY DELAYED AND PART OF THE CONSTRUCTION OF THE INTERSECTION OF 210 THAT THE COUNTY IS UNDERTAKING AND PART OF THE CONSTRUCTION OF THE GREENBRIAR ROAD WIDENING IS TIED INTO ARMY CORPS PERMITTING.

SO THERE IS ONE OTHER CHANGE TO THE DEVELOPMENT AGREEMENT THAT SAYS IF THINGS GET STUCK WITH THE ARMY CORPS OF ENGINEERS AND PERMITTING, ADDITIONAL TIME CAN BE GRANTED FOR THE CONSTRUCTION OF THE GREENBRIAR ROAD WIDENING BY GREENBRIAR PROPERTY HOLDINGS.

IT WILL NOT DELAY THE COUNTY'S WIDENING, EXCEPT THAT THE COUNTY DOES NEED TO CONSTRUCT A DRAINAGE FACILITY TO DRAIN THAT INTERSECTION.

I JUST TALKED ABOUT IT 210 210 WEST AND ALL TO THE POND THAT SERVES THAT INTERSECTION.

SO THIS CHANGE IS GOING TO BENEFIT BOTH PARTIES AS FAR AS THE ARMY CORPS OF ENGINEERS PERMITTING.

SO THIS IS THE FIRST READING OF THE DEVELOPMENT AGREEMENT.

IT HAS BY STATE LAW REQUIRES TWO READINGS.

AND SO WE WOULD RESPECTFULLY REQUEST THAT YOU SET THE SECOND AND FINAL READING FOR NOVEMBER 5TH.

[01:30:03]

AND WE CONTINUE CAN CONTINUE WHATEVER CONVERSATION.

OR WE'RE HERE TO ANSWER WHATEVER QUESTIONS THAT YOU MAY HAVE AND APPRECIATE YOUR TIME.

THANK YOU. MA'AM. ANY QUESTIONS OR COMMENTS FROM THE BOARD? OKAY. PUBLIC HEARING.

SO WE HAVE TO HAVE PUBLIC COMMENT.

OKAY. AT THE BOARD WILL HEAR PUBLIC COMMENT ON AGENDA ITEM NUMBER FOUR.

ALL RIGHT. SEEING NOBODY RISE TO SPEAK, I'M GOING TO CLOSE PUBLIC COMMENT.

MR. CHAIR, I HAVE A QUICK COMMENT JUST BEFORE I MAKE MAKE THE MOTION.

I SPENT ABOUT TWO YEARS WORKING WITH THE DEVELOPER, AND I THINK COMMISSIONER DEANE DID AS WELL.

AND THE COMMISSIONERS WHO WERE ON THE BOARD AT THE TIME, WORKING WITH THE DEVELOPER TO TRY AND GET TO A PLACE WHERE WE WE HAD A DEAL THAT WE COULD TRUST AND BELIEVE IN THAT WOULD ADEQUATELY ACCOMMODATE THE IMPACTS OF THIS DEVELOPMENT ON OUR ROADS, THE ROADS BEING THE PRIMARY CONCERN IN THE NORTHWEST SECTOR.

AND I JUST FEEL TODAY YOU'VE REWARDED US FOR FOR PLACING OUR TRUST IN YOU.

WE ARE GOING TO GET $4 MILLION OF TRANSPORTATION INFRASTRUCTURE THAT WE DID NOT ANTICIPATE WHEN WE MADE THIS AGREEMENT.

SO I JUST DEVELOPERS GET BEAT UP A LOT IN THIS AUDITORIUM AND SOMETIMES RIGHTFULLY SO.

I MEAN, WE WE ARE WE JUST COMPLETED A LAWSUIT WITH THE DEVELOPER.

WE'VE BEEN HOLDING DEVELOPERS ACCOUNTABLE IN THIS AUDITORIUM.

BUT THIS DEVELOPER DID SOMETHING, NOT JUST THEY DIDN'T JUST MEET THEIR OBLIGATIONS, THEY EXCEEDED THEIR OBLIGATIONS.

SO NOW WE'RE GOING TO GET $4 MILLION OF TRANSPORTATION INFRASTRUCTURE THAT WE DON'T HAVE TO DIP INTO THE GENERAL FUND TO BUILD.

SO I JUST WANT TO THANK YOU, MR. KRAMER. THANK YOU, MISS AVERY SMITH.

FOR FOR SORT OF VALIDATING THE TRUST THAT WE PLACED IN YOU WHEN WE APPROVED THIS BACK IN DECEMBER OF 2022.

I'M REALLY, REALLY PLEASED.

AND I THINK WE SHOULD VOTE YES ON THIS.

OR MOVE OR MAKE THE.

SO SET THE DATE.

YEAH. SET THE DATE FOR NOVEMBER 5TH BEFORE THEY CHANGE THEIR MIND.

THAT WAS GOING TO BE MY. SO I'M GOING TO MOVE TO SET THE DATE FOR NOVEMBER 5TH FOR THE SECOND READING.

YOU DON'T NEED A MOTION ON THAT.

THEY'VE ALREADY AS LONG AS YOU AGREE WITH THAT.

THE HAS BEEN ADVERTISED FOR NOVEMBER 5TH AS OUR SECOND READING.

CAN WE DO IT SOONER? NO, NO, WE CAN'T BECAUSE OF THAT.

ALL RIGHT. WELL, I JUST WANT TO PUT IN MY $0.02 WORTH.

AND AGAIN, I'M VERY, VERY PLEASED.

THANK YOU GUYS SO MUCH.

THANK YOU. GREAT COMMENTS. COMMISSIONER WHITEHURST SO WE DON'T NEED A MOTION THEN.

IT'S ALREADY BEEN PUBLICLY ANNOUNCED.

OKAY. THANK YOU.

THANK YOU. WE WILL MOVE ON TO AGENDA ITEM NUMBER FIVE WHICH IS THE SILVERLEAF NON ZONING VARIANCE.

[5. Public Hearing * NZVAR 2023-24 Silverleaf Non-Zoning Variance 6277 County Road 16A. NZVAR 2023-24 Silverleaf Non-Zoning Variance 6277 County Road 16A -Request for a Non-Zoning Variance pursuant to Section 6.06.02.G and H of the Land Development Code to allow for a 20 foot Scenic Edge in lieu of the required 30 feet, meeting requirements for enhanced landscaping performance standards, and to eliminate the required 35 foot Development Edge for Parcel 39B, located within the Silverleaf PUD.]

AND WE WILL START WITH OUR EX PARTE COMMISSIONER JOSEPH.

NO EMAILS NO MEETINGS.

COMMISSIONER WHITEHURST I RECEIVED A PHONE CALL YESTERDAY FROM ELLEN AVERY SMITH.

IT WAS A ONE MINUTE, TEN SECOND CONVERSATION ABOUT.

DID I KNOW ABOUT THE ITEM? I TOLD HER I HAD A BRIEFING WITH STAFF AND I DIDN'T HAVE ANY QUESTIONS.

OKAY, I HAVE NO EMAILS, NO MEETINGS.

I DID HAVE A CONVERSATION THIS MORNING BRIEFLY WITH TRAVIS HUDSON, JUST ASKING IF I HAD ANY QUESTIONS REGARDING THE PROJECT.

COMMISSIONER DEANE. NONE.

OKAY. NUMBER FIVE.

ALL RIGHT. THANK YOU, MR. CHAIR. COMMISSIONERS AGAIN, ELLEN AVERY.

SMITH, ROGERS TOWERS, 100 WHETSTONE PLACE.

TODAY I AM HERE ON BEHALF OF THE HUDSON COMPANIES.

WHITE'S WARD. TIMBER.

ALSO WITH ME TODAY ARE CODY HUDSON, JOHN METCALF, AND KIM BRIAN FROM THE HUDSON COMPANIES, AS WELL AS CASEY DENDER, WHO IS OUR PROJECT PLANNER FROM ENGLAND, THAMES AND MILLER. LITERALLY THIS APPLICATION IS ABOUT ONE ACRE OF LAND.

AND SO YOU SEE ON THIS MAP THE CONCEPT PLAN FOR ALL OF SILVERLEAF AND THE PARCEL WE'RE TALKING ABOUT HERE IS CALLED 39 B.

AND IT LITERALLY IS ONE ACRE ON THE SOUTH SIDE OR THE SOUTHWEST SIDE OF COUNTY ROAD 16.

A ZOOMING IN ON THAT, YOU SEE.

AGAIN, HERE'S THE LITTLE 39 B PARCEL.

IT IS PINK, SO IT'S MIXED USE DISTRICT UNDER THE DRY LAND USE.

WE ARE REQUESTING THAT TWO ITEMS IN THE NON ZONING VARIANCE.

YOU'RE AWARE THAT THERE IS A REQUIREMENT FOR DEVELOPMENT EDGES AND SCENIC EDGES IN THE NORTHWEST SECTOR.

THAT PROPERTY THAT WE'RE TALKING ABOUT TODAY IS AFFECTED BY BOTH, BECAUSE THE SCENIC EDGE WOULD BE ALLOWED ALONG COUNTY ROAD 16 A, AND THE DEVELOPMENT EDGE WOULD BE AROUND THE THREE OTHER PROPERTY BOUNDARIES ON THE EAST, WEST AND SOUTH.

AND SO THE REQUEST IS BECAUSE THE PROPERTY IS ONLY 160FT DEEP.

THE IDEA IS TO REDUCE THE SCENIC EDGE AGAIN ALONG 16 A FROM 30FT TO 20FT.

IT IS A COMMERCIAL PROPERTY.

AND THEN TO ELIMINATE THE DEVELOPMENT EDGE ON THE OTHER THREE SIDES OF THE PROPERTY INTERNAL NOT ALONG THE ROAD, BUT MAINTAIN THAT TEN FOOT REQUIRED PERIMETER BUFFER. AND SO THAT IS THE REQUEST TODAY TO SHOW YOU WHAT THAT LOOKS LIKE HERE AGAINST COUNTY ROAD 16.

[01:35:05]

A YOU SEE THE THIS WOULD BE WHAT THE PROJECT WOULD LOOK LIKE WITH THE REQUIRED DEVELOPMENT.

SEEING I'M SORRY, SCENIC EDGE AND THEN DEVELOPMENT EDGE AND YOU SEE THE POND, THE BUILDING AND HOW SMALL THAT FOOTPRINT WOULD BE IF THE REQUIRED EDGES WERE IN PLACE.

PART OF THE CONUNDRUM HERE IS NOT ONLY IS THE PROPERTY SHALLOW, BUT IT'S SURROUNDED ON THREE SIDES BY THIS U-HAUL FACILITY THAT IS BUILT A MASONRY MASONRY WALL AROUND THE THREE SIDES OF THE PROPERTY REALLY LIKE WALLING IT IN.

AND SO WE'RE JUST SHOWING YOU, THANKS TO CASEY AND HER EXPERT PHOTOGRAPHY SKILLS, YOU CAN SEE, YOU KNOW, ON THE VARIOUS SIDES OF THE PROPERTY WHERE THAT MASONRY WALL IS BEING CONSTRUCTED.

AND SO AGAIN, YOU SEE IT FROM THE NORTH, SOUTH, WEST, EAST, WEST AND SOUTHEAST AS FAR AS THE CONFINES OF THE PROPERTY WE'RE TALKING ABOUT WITHIN SILVERLEAF.

HERE'S A VIEW OF THE PROPERTY FROM THE NORTH.

AND THEN FROM THE WEST.

SO YOU SEE HOW LIMITED IT IS BECAUSE OF THE U-HAUL CONSTRUCTION GOING ON.

AND SO WITH THE REQUESTED REDUCTION OF THE SCENIC EDGE TO 20FT AND THEN THE ELIMINATION OF THE DEVELOPMENT EDGE, BUT LEAVING IN PLACE THAT PERIMETER BUFFER, THIS IS WHAT THE PROPOSED SITE PLAN COULD LOOK LIKE.

AND AGAIN A NONRESIDENTIAL STRUCTURE.

AND AGAIN YOU SEE THE WALL ALONG THE PROPERTY LINE.

AND THEN YOU SEE THE BUFFERS THAT ARE ON THE U-HAUL SIDE OF THAT WALL.

OOPS, SORRY. AND AGAIN, HERE, THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE SECTIONS FROM WHICH WE ARE SEEKING THESE NON ZONING VARIANCES BECAUSE OF THE EXCEPTIONAL SHALLOWNESS OF THE SITE AND THE PRESENCE OF THOSE WALLS.

AND SO WITH THAT BEING SAID, I'M HERE TO ANSWER WHATEVER QUESTIONS.

CASEY IS ALSO HERE IF WE HAVE PLANNING QUESTIONS AND APPRECIATE YOUR ATTENTION TODAY.

THANK YOU MA'AM. ANY QUESTIONS OR COMMENTS FROM THE BOARD? OKAY. WE'LL GO INTO PUBLIC COMMENT ON AGENDA ITEM NUMBER FIVE.

ANYBODY THAT WOULD LIKE TO SPEAK, PLEASE COME TO THE PODIUM.

MR. MCINERNEY. GOOD MORNING.

GOOD MORNING, JOE MCINERNEY, 1005 BLACKBERRY LANE.

SO I WAS PLEASED TO SEE MISS SMITH PRESENT THE COMPREHENSIVE PLAN SECTIONS THAT DO ALLOW FOR DEVIATIONS AND VARIATIONS TO SCENIC EDGES, DEVELOPMENT EDGES AND SO FORTH.

SO I APPRECIATE THAT.

I DID READ THROUGH THE APPLICATION MANY MONTHS AGO.

SO I'M I'M A LITTLE VAGUE ON IT RIGHT NOW.

AND I WILL SAY LOOKING AT THE EXISTING CONDITIONS, ALMOST ANYTHING'S AN IMPROVEMENT.

PRETTY, PRETTY AWFUL LOOKING AREA THERE, I HAVE TO SAY.

SO LOOK, MY ONE COMMENT THEN I GUESS IS, IS THIS I REMEMBER 2022.

I REMEMBER GOING THROUGH THE LARGE PROJECT THAT WAS PROPOSED AT THAT TIME AND THAT THE FDOT HAD RECOMMENDED, AND THIS BOARD ACCEPTED THAT NO DEVELOPMENT SOUTH OF 16 A WOULD OCCUR BEFORE 2030.

SO I KNOW THIS IS A SMALL PROPERTY, BUT IT IS SOUTH OF 16 A.

AND MY CONCERN IS, IS THAT, YOU KNOW, I DON'T WANT THIS TO BE A PANDORA'S BOX THAT SUDDENLY IS OPENED AND SETS A PRECEDENT.

IF IT CAN HAPPEN HERE, IT CAN CAN HAPPEN ELSEWHERE.

I HAVE TO SAY THAT'S PROBABLY MY ONLY CONCERN WITH THIS, WITH THIS PROJECT.

YOU KNOW, IT DOES APPEAR TO BE A BENEFIT IN IMPROVING VISUALLY A PRETTY UNSIGHTLY AREA THERE ALONG 16, SO I DO LIKE THAT.

SO IF MISS SMITH COULD, COULD, COULD ANSWER THE SOUTH OF 16.

A QUESTION I'D APPRECIATE THAT.

THANK YOU. THANK YOU, MR. MCINERNEY. ANYBODY ELSE FOR PUBLIC COMMENT ON AGENDA ITEM NUMBER FIVE? GOOD MORNING, MR. LEWANDOWSKI.

MORNING, CHUCK LEWANDOWSKI 1748 NORTH CAPITOL.

I'VE GOT NO PROBLEMS WITH THE PROJECT.

THE ONLY PROBLEM I HAVE IS WHERE IS THAT STORMWATER GOING? THEY HAVE TOTALLY REMOVED A POND THAT WAS SET IN THERE.

IS THAT GOING OUT ONTO 16 A DIRECTLY? YOU'VE TAKEN UP A LOT OF THE GROUNDS THERE WITH A BUILDING, YOU'RE ALMOST DOUBLING THE SIZE OF THE BUILDING, AND THEN YOU'RE ALSO ADDING MORE PARKING.

SO WHERE'S THE WATER GOING TO THAT IS ON THAT PROPERTY SINCE THEY'VE REMOVED THE POND? THANKS. THANK YOU.

ANY OTHER COMMENTS? PUBLIC COMMENT ON AGENDA ITEM FIVE.

SEEING NONE WE'RE GOING TO CLOSE PUBLIC COMMENT.

OKAY. THANK YOU, MISS SMITH.

[01:40:08]

MR. MCINERNEY AND I ARE TESTING OUR MEMORIES TODAY, WHICH IS A GOOD THING.

I'M GOING TO ANSWER HIS QUESTIONS FIRST, AND THEN I'LL GO TO.

WELL, LET ME, SINCE I'M GOING TO HAVE TO BACK UP THROUGH THE ENTIRE PRESENTATION, I'M.

I APOLOGIZE, BUT I'M GOING TO ANSWER MR. LEWANDOWSKI'S QUESTION FIRST.

THEN I CAN GO BACKWARD.

WITH RESPECT TO THIS SITE PLAN, CASEY, DO YOU WANT TO COME UP AND ANSWER ABOUT THE STORMWATER? CASEY DENDOR 14775 OLD SAINT AUGUSTINE ROAD.

THE STORMWATER CAN BE ACHIEVED FOR THIS SITE IN A VARIETY OF WAYS.

THE FIRST SITE PLAN SHOWED A WET STORMWATER POND.

AND THE REASON FOR THAT IS THAT THERE WAS NOT ADEQUATE AREA TO DO AN UNDERGROUND STORAGE FACILITY ON THIS SITE PLAN, WHERE WE'RE MAXIMIZING THE AREA FOR THE PURPOSES OF THE CONCEPT PLAN. YOU'RE ABLE TO ACHIEVE AN UNDERGROUND STORMWATER FACILITY UNDER THE PARKING AREAS.

HOWEVER, THERE'S A POSSIBILITY THAT ONE OF THE PARKING AREAS COULD BE CHANGED TO A WET FACILITY.

IT WOULD ULTIMATELY DEPEND ON WHO THE END USER WOULD BE.

HOWEVER, IN ANY EVENT, THE STORMWATER FACILITY, WHETHER IT'S WET ON SITE OR UNDERGROUND, WOULD BE REQUIRED TO MEET ALL OF THE STANDARDS OF THE SAINT JOHNS COUNTY LAND DEVELOPMENT CODE AND THE SAINT JOHNS RIVER WATER MANAGEMENT DISTRICT FOR BOTH QUALITY AND QUANTITY.

I HOPE THAT ANSWERS YOUR QUESTION.

THANK YOU. ALL RIGHT.

NOW WE CAN GO BACKWARD IN THE SLIDESHOW BECAUSE IT WAS EASIER TO ANSWER IT THIS WAY.

OKAY, SO, MR. MCINERNEY, GOING BACK TO OUR OUR MEMORY TEST IN THE SILVER LEAF PD AND DRY.

THIS PARCEL 40 IS NOT TO BE DEVELOPED UNTIL THE EARLIER OF THE FIRST COAST EXPRESSWAY OPENING OR JANUARY 1ST, 2030, WHICHEVER FIRST OCCURS.

AND THAT WOULD BE PARCEL THIS PARCEL 40.

SO THAT WAS THAT'S THE CONTEXT RELATED TO STATE OR I'M SORRY, COUNTY ROAD 16 A AND THAT WE'RE NOT ALTERING THAT AT ALL IN THIS APPLICATION.

THIS APPLICATION IS ONLY FOR THIS SMALL ONE ACRE COMMERCIAL PARCEL THAT'S CALLED 39 B.

OKAY. ANY OTHER QUESTIONS OR COMMENTS FROM THE BOARD? OKAY. THANK YOU. THANK YOU.

HAPPY TO MOVE. COMMISSIONER ARNOLD'S NOT HERE.

I'M GOING TO MOVE TO APPROVE NON ZONING VARIANCE.

20 2324 SILVER LEAF 6277.

COUNTY ROAD 16 EIGHT, BASED ON SEVEN FINDINGS OF FACT AND SUBJECT TO FIVE CONDITIONS OF APPROVAL AS PROVIDED IN THE STAFF REPORT.

SECOND. ALL RIGHT. WE HAVE A MOTION AND A SECOND VOICE VOTE.

COMMISSIONER JOSEPH.

NO. COMMISSIONER WHITEHURST.

YES. YES.

YES. MOTION PASSES.

THANK YOU. MOVING ALONG TO AGENDA ITEM NUMBER SIX, WHICH IS THE U-HAUL OF PALENCIA.

[6. Public Hearing * 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. This request was heard by the Planning and Zoning Agency at their regularly scheduled public hearing on Thursday, September 5, 2024, and was recommended for approval, 6-0.]

THIS IS A QUASI JUDICIAL.

SO WE HAVE EX PARTE COMMISSIONER JOSEPH.

TWO PLUS EMAILS, NO MEETINGS.

COMMISSIONER WHITEHURST, I HAD AN EMAIL CORRESPONDENCE WITH MISS TAYLOR WHERE SHE SENT ME SORT OF A RUNDOWN OF WHAT SHE'S PROPOSING AND THE APPLICATION.

SHE ASKED IF I HAD ANY QUESTIONS.

I RESPONDED THAT I DID NOT.

OKAY. I HAD TWO PLUS EMAILS AND NO RECOLLECTION OF ANY MEETINGS.

COMMISSIONER DEAN LIKEWISE, I HAD TWO EMAILS AND NO MEETINGS.

OKAY. SAVI.

KAREN TAYLOR.

KAREN TAYLOR, 77, SARAGOSSA STREET.

AND JUST A QUESTION.

SO I HOPE SOME OF YOUR TWO EMAILS.

ONE WAS FROM ME.

I DIDN'T GET ANY RESPONSE FROM YOU ALL.

AND DOUG BURNETT, I DID FROM I GOT A DOUG BURNETT ONE, TOO.

OKAY. OKAY. THANK YOU.

ANYWAY, KAREN TAYLOR, 77 SARAGOSSA STREET, AND I AM HERE FOR THE U-HAUL.

VALENCIA. WITH ME IS WOW TURNED YELLOW.

I DON'T KNOW WHERE WE GOT THAT.

ANYWAY BRIAN MANN REPRESENTING U-HAUL.

AND SILVERLEAF CAN THANK US FOR THE WALL THAT WENT IN THAT NOW WOULDN'T BE REQUIRED AS A RESIDENTIAL PIECE NEXT TO IT ON THE LAST ITEM. AND THE.

AND THE ENGINEER, WHICH IS JAMES DROSOS.

SO OKAY.

I'M NOT SURE WHAT HAPPENED TO MY PRESENTATION.

[01:45:02]

REASON. ANYWAY, SO IT'S TO REZONE 1.85 ACRES ON US ONE NORTH TO ALLOW FOR CONVERSION OF THE FORMER CORNWELL'S MARKET SHOWROOM, OFFICE AND WAREHOUSE FACILITY.

AND IF THEY'RE ALL LIKE THIS, I.

I REALLY DON'T UNDERSTAND WHAT HAPPENED.

SO, ANYWAY I GUESS I SHOULD HAVE A RUNDOWN FROM THEM.

SO THIS IS THE LOCATION.

AND SHOWING YOU KIND OF IN THAT PARTICULAR AREA.

AND IT IS AT ON THE EAST SIDE OF US, ONE NORTH AND THAT NORTH SIDE OF STOKES LANDING ROAD.

YOU CAN SEE THE GENERAL DOLLAR STORE TO THE TO THE SOUTH OF IT.

AND OTHER INDUSTRIAL ACTIVITIES TO THE NORTH OF IT.

STOKES LANDING ROAD.

AND SOME OF THE OTHER UNDEVELOPED PROPERTY.

BUT PART OF THE PART THAT WE'RE GOING TO BE TALKING ABOUT WILL HAVE THIS TO DO WITH IT AS WELL.

THIS IS JUST A REPRESENTATION OF THE FUTURE LAND USE, WHICH IS MIXED USE ALL ALONG THEIR INDUSTRIAL KIND OF ACROSS FROM IT.

AND A LITTLE BIT OF THAT CORDOVA PALMS. AND JUST TO BOY, THIS IS REALLY, REALLY MESSED UP ANYWAY, ANYWAY.

SO ANYWAY, THIS IS A SURROUNDING ZONING AND IT IS KIND OF, YOU KNOW, HARD TO SEE IN HERE, BUT CERTAINLY YOU CAN KIND OF GET THE IDEA OF WE'RE RIGHT IN THIS PARTICULAR AREA OF THE DIFFERENT TYPES OF ZONINGS WHICH I'VE GOT LISTED OVER THERE, THAT HAVE TO DO WITH ALL SORTS OF ACTIVITIES IN THE AREA.

AND THERE WE GO, BACK TO THE FUTURE LAND USE.

AND AGAIN, THAT'S CLOSER FOR THE SURROUNDING ZONING SO THAT YOU CAN KIND OF SEE HOW IT MESHES INTO THE OTHER SIDE.

AND SO THE REQUEST IS TO REZONE THAT 1.1.85 ACRES.

HAVING LOTS OF FUN TODAY.

IT'S AT THAT INTERSECTION AND IT'S TWO SMALL PARCELS.

BEEN CORNWALL'S MARKET HAS USED THE ONE FOR YEARS.

EVERYBODY'S FAMILIAR WITH IT.

IT WAS A KIND OF CONVENIENCE.

IT HAD A LITTLE BAR NEXT TO IT AND IT HAS ABOUT 400FT FRONTING ON US ONE NORTH AND 200FT ON STOKES LANDING ROAD.

AND THEY'RE PLANNING TO REMODEL IT.

AND ACTUALLY THEY HAD STARTED REMODEL IT UNDER CG AND FOUND OUT THAT THEY NEEDED TO TO CHANGE IT WITH THIS ONCE THEY GOT TO THE OUTSIDE IS, IS ACTIVITIES. BUT ANYWAY, SO IN THAT REMODELING IS GOING TO TAKE AWAY A LOT OF THAT PAVED PARKING AREA THAT IS ON BOTH SIDES OF THE BUILDINGS, AND HE'S GOING TO REPLACE THAT WITH OPEN SPACE, AND THE BUILDING ITSELF WILL STAY AS IT IS. THE ACCESS IS GOING TO BE LIMITED TO ONE DRIVEWAY ON STOKES LANDING ROAD, GOING TO KIND OF MOVE THAT A LITTLE BIT FOR CLOSER TO THE DOLLAR GENERAL.

AND THEN THERE WON'T BE ANY FROM THIS PARTICULAR PARCEL ONTO TO US ONE.

AND JUST THIS INFORMATION IS JUST THE OVERALL FACILITY.

AND I'M GIVING YOU THE OVERALL BECAUSE THE OVERALL IS ALREADY ZONED.

AND IF YOU LOOK THROUGH THE APPLICATION, I'M SURE YOU'VE READ THROUGH EVERYTHING.

YOU'LL REALIZE THAT THIS IS PART OF OF THE OVERALL FACILITY THAT U-HAUL IS PLANNING.

AND WE DO HAVE SOME UNUSUAL KIND OF ZONING ON THIS PARTICULAR PIECE.

SO YOU CAN KIND OF SEE.

SO IT HAS THE CW THAT WE'RE ASKING FOR.

IT HAS SOME I.W.

IT HAS SOME ORE.

AND THEN THIS IS THE PIECE THAT WE'RE THAT WE'RE TALKING ABOUT REZONING.

SO THIS IS THE SITE PLAN.

IT SHOWS THAT IT'S AGAIN 1.85 ACRES.

AND IT SHOWS THAT THE ONE ACCESS ON US, ONE WHICH I JUST SAID I THOUGHT WAS OVER, AND THE ONE ON STOKES LANDING ROAD.

IT IT RELATES TO THE REST OF THE SITE.

SO YOU'RE NOT SEEING ANYTHING LIKE STORMWATER.

BUT AS NOTED, THE ALL THE AREAS ALONG THE ROADWAY ARE GOING TO BE LANDSCAPED, WHICH THEY'RE NOT AT THE AT THE MOMENT.

AND THEN THERE'S ALSO A 30 FOOT BUFFER REQUIRED HERE THAT WILL BE FENCING AND VEGETATION ALSO.

THERE IS A SINGLE FAMILY HOME OFF TO HERE.

AND THEN NO BUFFERING IS NECESSARY WITHIN HERE BECAUSE IT'S TO IT'S ITSELF.

THERE'S A VERY SMALL SLIVER OF THE WETLANDS THAT COMES IN HERE JUST ABOUT RIGHT HERE.

[01:50:09]

AND THIS IS THE OVERALL PLAN.

AND SO YOU CAN SEE HOW IT FITS INTO THE OVERALL PLAN.

AND CHANGES THAT WHOLE ACTIVITY AREA.

IT SHOWS THE, THE ALL THE BUILDINGS THAT ARE PLANNED ALONG THE ROADWAY ACTIVITY AREAS IN HERE.

THIS IS BOAT AND RV STORAGE.

AND YOU CAN SEE THAT THE THE SOUTHEAST SIDE OF THE SITE IS TAKEN UP BY QUITE A LARGE RETENTION POND.

AND IN ORDER TO DO THAT.

THE WETLANDS WILL BE IMPACTED TO DO THAT, BUT THAT WILL SERVE THIS.

IT. ALSO, IN THE ORIGINAL ZONING, THERE WAS A 30 FOOT STRIP LEFT IN THE BACK.

THAT'S OR THAT SERVES AS THAT.

AND WE DID THAT IN PARTICULAR DURING THAT ZONING PROCESS TO MAKE SURE THAT THAT THAT WAS RELEVANT THERE.

AND ALSO ALONG THE SOUTH SIDE, WHICH IS NEXT TO THE TWO RESIDENTIAL UNITS.

AGAIN, THAT PIECE IS ALREADY ZONED.

SO IT'S NOT PART OF THIS, BUT I THOUGHT IT WAS RELEVANT AND I THOUGHT THIS WAS RELEVANT TO AND THIS WAS IN YOUR PACKAGE AS WELL.

KIND OF SHOWS YOU THE THE WETLAND AREAS THAT HAVE TO BE IMPACTED WHERE THE BUILDINGS ARE GOING TO GO AND WHERE THE PAVEMENT WILL BE GOING.

BY THE WAY, AND I JUST PUT IN THERE WHAT THAT PERIMETER BUFFER IS, IT'S A SOLID FENCE AND THE ROW OF CANOPY TREES AND THEN THE OTHER VEGETATION.

SO JUST SOME PICTURES OF CORNWALL'S MARKET FROM US ONE.

THAT'S FROM STOKES LANDING ROAD.

THAT IS LOOKING DOWN STOKES LANDING ROAD FROM THE DRIVEWAY FOR THE DOLLAR GENERAL.

AND YOU CAN SEE A LITTLE BIT OF THE HOUSE THAT'S NEXT DOOR TO US.

THAT IS THE HOUSE THAT'S THAT'S IMMEDIATELY NEXT DOOR TO THE PROPERTY AS WELL.

THAT'S LOOKING TOWARDS THE US ONE INTERSECTION WITH STOKES LANDING ROAD.

AND THIS KIND OF SHOWS YOU HOW MUCH OF THAT SIDE ON STOKES LANDING ROAD IS COVERED BY ASPHALT AT THIS TIME.

THAT WAS KIND OF HOW THEY USED TO DO IT IN THE DAY.

AND THAT'S THE FRONT OF IT TO SHOW YOU THAT ALL OF THAT IS ALSO CONCRETE AS WELL, WHICH WILL WHICH WILL GO AWAY.

THAT'S FOR US ONE.

SO JUST SOME I JUST SHOWING THE WHOLE FACILITY FOR WHAT IT IS RIGHT NOW.

THIS IS FROM THE THE REAR PART OF IT, WHICH IS ON THE NORTH SIDE.

AND THAT'S THE LOT THAT IS HASN'T BEEN HAS BEEN USED FOR PARKING AND STUFF, BUT ISN'T IS WHERE WE'RE DEVELOPING AS WELL.

AND I ALWAYS WANT TO PUT MY PICTURE OF THE SIGN UP THERE.

SO KIND OF LOOKING UP NORTH ON US ONE.

FATHER, SOME OF THE FACILITIES ON US ONE NORTH COMING BACK TOWARDS THE FACILITY, THE DOLLAR GENERAL ACROSS THE WAY AND THE RESIDENTIAL, THE WORKFORCE HOUSING.

AND YOU CAN KIND OF SEE THE BUFFERS TO THOSE.

SO THIS IS A WITHIN A MIXED USE DISTRICT.

AND THAT INCLUDES ALL OF THAT FROM THE AIRPORT DISTRICT ALL THE WAY UP TO VALENCIA, SO IT HAS A LOT OF DIFFERENT ACTIVITIES IN IT.

THE SITE IS REALLY ABOUT TWO, LIKE I SAID, A LITTLE UNDER TWO ACRES AND IT WILL BE CONSISTENT.

AND BECAUSE IT'S THE OFFICE TOO, IT'LL BE A LESS INTENSE THAN SOME OF THE OTHER, WHICH I'VE SHOWN YOU ON THE PLAN THAT THEY HAVE.

THEIR MORE INTENSE USES ARE ALONG US ONE AND THAT, AGAIN, THAT SITE PLAN HAS THAT LAYOUT TO DEMONSTRATE THE LIMITS OF THE DEVELOPMENT.

AND IT WILL PROVIDE THOSE BUFFERS AND PARTICULARLY YOU CAN BE ASSURED THEY'RE GOING TO BE PROVIDED TO THE RESIDENTIAL PROPERTIES IN THE AREA.

SO IT'S CONSISTENT WITH THE REQUIREMENTS OF THE LDC AS WELL.

AND I'M LOSING SOME OF MY TEXT.

I APOLOGIZE.

I REALLY DON'T KNOW WHAT HAPPENED TO MY POWERPOINT.

AND IT ALSO THE VEGETATION FOR THAT BUFFER IS ALSO HAS TO BE 75%.

SO WE'RE CONSISTENT WITH THE GOALS, POLICIES AND OBJECTIVES OF THE COMP PLAN COMPATIBLE THROUGH BUFFERING AS WELL AS USES.

[01:55:05]

AND WE'RE REQUESTING YOUR APPROVAL, AND I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU, MISS TAYLOR.

ANY QUESTIONS OR COMMENTS FROM THE BOARD? YEAH. AFTER.

COMMISSIONER. OKAY. THANK YOU.

KAREN, DID YOU SEE DOUG BURNETT'S MEMO TO US LAST NIGHT? THERE WAS A MEMO TO, YOU KNOW, I GOT A MEMO.

IT WAS AN EMAIL ABOUT 9:20 P.M..

I DON'T HE MIGHT HAVE SENT IT EARLIER AND IT ONLY CAME THROUGH.

THAT'S WHY THIS WAS SORT OF LATE BREAKING.

BUT OKAY, IT'S REAL SHORT AND I WANT TO JUST TAKE A SECOND TO READ IT.

I THINK. I THINK THE MAIN ISSUES ARE ADDRESSED THROUGH YOUR BUFFER DESCRIPTION THAT YOU'VE TAKEN CARE OF IN MY OPINION, BUT I JUST DIDN'T SINCE THIS CAME IN RELATIVELY LATE. THIS IS TO THE COMMISSIONERS.

PLEASE CONSIDER ADDING PERFORMANCE STANDARDS AS A CONDITION OF THE U-HAUL APPLICATION.

THIS MAY HELP TO AVOID NEGATIVE FEEDBACK FROM AREA RESIDENTS IN THE FUTURE.

POTENTIAL CONDITIONS TO ADD IN.

THERE ARE FOUR OF THEM ONE.

ENHANCED ARCHITECTURE OF AN OFFICE BUILDING APPEARANCE TWO PREVENTING THE STRUCTURES FROM APPEARING INDUSTRIAL OR WAREHOUSE IN NATURE.

THREE PROHIBITING ANY APPEARANCE OF LOADING DOORS FRONTING US ONE, US HIGHWAY ONE, AND FOUR REQUIRING EARTHTONE COLORS, PREVENTING BRIGHT COLORS.

ALL OF THE ABOVE CAN BE JUSTIFIED BASED ON A NEED TO MITIGATE FOR THE MASS AND SCALE OF THE PROPOSED SELF STORAGE STRUCTURE, SO AS TO MAKE IT CONSISTENT AND COMPATIBLE WITH THE SURROUNDING AREA.

PERHAPS THIS WOULD HAVE PREVENTED WHAT WAS BUILT AT STATE ROAD 16 AND AND COUNTY ROAD 16 A, WITH ORANGE LOADING DOORS FACING ROADWAYS.

RESPECTFULLY, DOUG BURNETT.

DOES MR. BURNETT UNDERSTAND THAT THIS ISN'T FOR THE WHOLE THING? IT'S JUST FOR THE TWO ACRE SITE.

WELL, I CERTAINLY CAN'T SPEAK FOR DOUG.

I KNOW, I GUESS RHETORICAL QUESTION IS THAT THOSE CONDITIONS THAT HE'S ASKING FOR WOULD BE MORE RELATIVE TO THE THE OVERALL STRUCTURE, WHICH IS NOT PART OF THIS APPLICATION OR REZONING.

THEY DON'T HAVE ANY PROBLEM THERE.

YOU KNOW, THIS IS FOR AN OFFICE AND, YOU KNOW, STORAGE BUILDING OR WHATEVER.

IT WON'T HAVE ANY THINGS TO THE FRONT.

SO WE COULD CERTAINLY PUT THOSE KIND OF CONDITIONS ON, BUT IT WOULD NOT APPLY TO THE WHOLE SITE.

WELL, MY PRIMARY QUESTION WAS, HAD YOU EVEN BEEN COPIED ON THE MEMO? NOT THAT I SAW THIS MORNING, AND I LOOKED THROUGH MY EMAILS BEFORE I CAME TO THE AGAIN, JUST AS AN ASIDE, I THINK THAT DURING THE COURSE OF YOUR PRESENTATION TODAY, I THINK THAT THE BUFFERS THAT ARE BEING PROVIDED REALLY TO ME, SORT OF ENCOMPASS SOME OF THE CONCERNS, TAKE CARE OF SOME OF THE CONCERNS RAISED IN THAT MEMO.

SO I DON'T HAVE ANY PROBLEM WITH THE APPLICATION.

SO THAT'S ANYWAY.

COMMISSIONER JOSEPH. YEAH.

WHAT'S THE SPEED LIMIT RIGHT THERE? IT GOES 45 TO 55 AND THEN AS YOU GO PAST IT.

YEAH. MY CONCERN IS IF YOU HAVE TRAILERS AND THINGS, IS THERE GOING TO BE ANY KIND OF A LANE AND YOU KNOW, WHERE YOU GO IN.

WHAT IS THAT CALLED A DECEL LANE? I KNOW THE ENGINEER IS WORKING WITH DOT AS TO THAT OR WHATEVER, BUT NOT THAT I KNOW OF.

I'M JUST CONCERNED BECAUSE IT'S SUCH A BIG AREA AND YOU HAVE THE TWO DIFFERENT DRIVEWAYS.

I MEAN, IF THEY'RE GOING TO I MEAN, YOU KNOW HOW YOU HAVE THOSE TRAILERS AND PEOPLE AREN'T USED TO DRIVING THE TRUCKS OR THE TRAILERS? IT JUST WOULD BE NICE TO GET THEM OFF THE FREEWAY OR THE US ONE.

YEAH. JUST MY OPINION.

AND DIESEL LANES USED TO BE THE REAL POPULAR THING.

THEY TEND NOT TO BE OR WHATEVER, BUT I KNOW HE'S IN CONSIDERATION.

JIM, DO YOU WANT TO ADDRESS THAT? JUST INSTEAD OF SLAMMING YOUR BRAKES ON AND.

HI, JIM WITH SDA ENGINEERING.

SO WE'VE WE'VE HAD OUR PRE-APPLICATION MEETING WITH DOT AND WE'VE MADE OUR APPLICATION FOR, FOR THE DRIVEWAYS.

BASED ON THE TRAFFIC VOLUMES, THEY'RE VERY ACTUALLY VERY SMALL.

AND THEY DO NOT REQUIRE A DSL LINE.

SO THAT'S THAT'S WHERE WE'RE AT RIGHT NOW.

CAN YOU DO IT.

THAT WOULD BE UP TO DOT.

OKAY. THANK YOU.

THANK YOU. ANY OTHER QUESTIONS OR COMMENTS FROM THE BOARD? SEEING NONE WE'LL GO TO PUBLIC COMMENT.

ALL RIGHT. THE BOARD WILL HEAR PUBLIC COMMENT ON AGENDA ITEM NUMBER SIX.

ANYBODY WISHING TO MAKE PUBLIC COMMENT, PLEASE COME FORWARD.

STATE YOUR NAME AND ADDRESS.

YOU WILL BE GIVEN THREE MINUTES TO SPEAK.

WELCOME BACK, MISS BADGER.

REALLY? IT'S BEEN A FUN DAY.

[02:00:01]

SHERRY BADGER, 2772 SOUTH COLLINS AVENUE.

I'D LIKE TO REMIND YOU ALL OF SOMETHING.

WHEN YOU HEAR FROM MR. BURNETT. MR. BURNETT WAS LET GO FROM THE AIRPORT DUE TO AN ETHICS INVESTIGATION.

SO Y'ALL REALLY, REALLY NEED TO BEWARE.

GOD BLESS AND HAVE A GOOD DAY.

ANY OTHER PUBLIC COMMENT ON THE AGENDA ITEM.

OKAY. SEEING NONE, WE'RE GOING TO CLOSE PUBLIC COMMENT.

THANK YOU SIR. MISS TAYLOR, DO YOU HAVE ANY CLOSING COMMENTS OR UNLESS YOU ALL HAVE ANY QUESTIONS? OKAY. AGAIN, REMEMBER THIS IS FOR THE FOR JUST THE 1.85 ACRES.

IT'S NOT FOR THE WHOLE THING, BUT U-HAUL WILL TAKE THAT THE COMMENTS INTO CONSIDERATION.

CERTAINLY. THANK YOU, MISS TAYLOR.

COMMISSIONER DEAN. YEAH. I'M PREPARED TO MAKE A MOTION IF THERE ARE ANY OTHER COMMENTS.

MOTION TO ENACT ORDINANCE 20 2449.

APPROVING REZONING 2020 408 U-HAUL OF VALENCIA.

BASED ON FOUR FINDINGS OF FACT AS PROVIDED IN THE STAFF REPORT.

WE HAVE A MOTION ON THE FLOOR.

SECOND. OKAY.

WE HAVE A MOTION AND A SECOND VOICE VOTE.

COMMISSIONER JOSEPH. YES, COMMISSIONER.

WEINER. YES, I'M A YES, COMMISSIONER.

DEAN. YES.

PASSES. YES.

NUMBER SIX PASSES.

ALL RIGHT. AGENDA ITEM NUMBER SEVEN, MISS JOANNE SPENCER.

[7. Consider appointments to the Industrial Development Authority. Currently, there are two (2) vacancies on the Industrial Development Authority (IDA) due to the expired terms of Viv Helwig and Kevin Kennedy. A vacancy ad was posted and ran (3) months. Please see attached for your review and consideration, a recommendation letter from the IDA and (4) applications: Kevin Kennedy Dist. 1. Heather Harley-Davidson Dist. 3, Paul Morris Dist. 3, Robert Will Dist. 4.]

GOOD MORNING. COMMISSIONERS.

JOANNE SPENCER, SENIOR ASSISTANT TO THE BOARD OF COUNTY COMMISSIONERS.

I'M HERE TODAY FOR AGENDA ITEM NUMBER SEVEN, WHICH IS TO CONSIDER APPOINTMENTS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY, ALSO KNOWN AS THE IDA.

THERE ARE TWO VACANCIES ON THIS BOARD DUE TO EXPIRED TERMS. THERE WERE FOUR APPLICATIONS THAT RAN WITH A VACANCY AD THAT RAN FOR THREE MONTHS.

FOR YOUR CONSIDERATION AND REVIEW.

THERE IS A RECOMMENDATION LETTER FROM FROM THE IDA TO PUT FORWARD MR. KENNEDY FOR A REAPPOINTMENT.

AND THIS IS STILL OPEN FOR ADDITIONAL APPLICATIONS TO COME IN.

AND I WILL BRING THIS BACK IN THE FUTURE WHEN WE CAN GET SOME QUALIFIED APPLICATIONS IN.

I'M ON STANDBY IF YOU HAVE ANY QUESTIONS.

OKAY. ANY QUESTIONS OR COMMENTS FOR.

YEAH. MR. CHAIR, JUST TO ADD TO WHAT MISS SPENCER JUST SAID AS THE THIS BOARD'S LIAISON TO THAT BOARD THE CONVERSATION WAS VIV HELWIG IS TURNING OUT HE CANNOT BE REAPPOINTED.

BUT THEY WANTED TO REAPPOINT KEVIN KENNEDY.

THEY WANTED TO PUT THE SECOND OPEN SEAT BACK OUT FOR MORE APPLICATIONS.

JUST THEY WANT TO MAKE SURE THEY GET MORE QUALIFIED APPLICANTS.

THE INDUSTRIAL DEVELOPMENT AUTHORITY DOES A LOT OF WORK WITH BONDS.

AND YOU HAVE TO HAVE, YOU KNOW, A BACKGROUND IN FINANCE OR AT LEAST IN THAT WORLD, TO TO EFFECTIVELY OPERATE ON THAT BOARD.

SO THAT'S THE RATIONALE FOR PUTTING THE SECOND SEAT BACK OUT FOR MORE APPLICATIONS.

AND TO CLARIFY ON THAT, WE DID ONLY HAVE FOUR APPLICATIONS.

ONE WAS KEVIN KENNEDY.

AND WE'VE ALREADY RECEIVED, I THINK, THREE OTHER APPLICATIONS SINCE WE REOPENED IT.

SO WE DO HAVE SOME OTHER APPLICATIONS TO CONSIDER WHEN I COME BACK.

THANK YOU. JOANNE.

PUBLIC COMMENT. PUBLIC COMMENT ON AGENDA ITEM NUMBER SEVEN.

ANYBODY WISHING TO SPEAK, PLEASE COME TO THE PODIUM.

SEEING NO ONE RISE TO SPEAK, WE'RE GOING TO CLOSE PUBLIC COMMENT ON AGENDA ITEM SEVEN.

OKAY. WE'RE BACK TO THE BOARD.

PREPARED TO MAKE A MOTION, MR. CHAIR. YES, SIR. I'M GOING TO MOVE TO REAPPOINT KEVIN KENNEDY TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A FULL FOUR YEAR TERM SET TO EXPIRE OCTOBER 1ST, 2028.

SECOND. WE HAVE A MOTION AND A SECOND VOICE VOTE.

COMMISSIONER JOSEPH. YES.

YES. YES, YES.

ALL RIGHT. MOTION PASSES.

THANK YOU. ALL RIGHT.

ON TO AGENDA ITEM NUMBER EIGHT, LEXI TAYLOR.

[8. Resolution declaring the public purpose and reasonable necessity to acquire certain real property situated along Vilano Beach for the USACE to complete future USACE beach nourishments, and authorizing the County Attorney to initiate condemnation proceedings to acquire the property as needed. On March 19, 2019, the St. Johns County Commission approved the St. Johns County and US Army Corps of Engineers (USACE) Project Partnership Agreement (Agreement) that would allow the USACE to construct a beach nourishment project on portions of the South Ponte Vedra and Vilano Beaches, and perform subsequent beach nourishments as needed (estimated nourishment interval of twelve years) over the next 50 years, along with emergency repairs under the USACE Flood Control and Coastal Emergencies program (FCCE). The Commission further authorized the execution of an amendment to the PPA on February 7, 2023. The USACE approved the initial construction of the project in 2020 with five missing easements, out of 136 properties, and the USACE subsequently completed an FCCE repair project in 2023 with two missing easements to restore the storm damaged beach. Prior to the authorization of the FCCE repair, the USACE notified the County that they have received clarification from USACE Headquarters that their policy requires 100% easement participation for the USACE to provide any further work on the project. In accordance with the terms, conditions, and requirements of the agreements with Army Corps of Engineers, the County is responsible for acquiring the two remaining easements necessary to continue nourishing portions of the beach in the South Ponte Vedra - Vilano Beach Coastal Storm Risk Management project area. As authorized by Chapter 127, Florida Statutes, and as contemplated by the Agreement, the County may exercise the right and power of eminent domain for certain public uses and purposes. In this instance, the owners of the two remaining properties that have not reached an agreement with the County for the purchase of the easements required to continue the project, and therefore, the County may need to exercise the power of eminent domain to acquire those easements. In accordance with section 127.02, Florida Statutes, the Board may not exercise its power of eminent domain unless it adopts a resolution authorizing the acquisition of real property for the use or purpose designated in such resolution. Attached for the Board's consideration is a proposed resolution, declaring the public purpose and reasonable necessity for exercising the right and power of eminent domain to acquire certain easements along Vilano Beach to continue the periodic nourishments and repairs, and authorizing the County Attorney to initiate condemnation proceedings as needed to acquire the easements. The County will be responsible for 100% of the total acquisition costs, including obtaining surveys, appraisals, title insurance and any costs incurred by proceeding in eminent domain. However, the USACE can credit the County for up to 22.3% of reasonable expenses towards future nourishment cost-shares.]

ALL RIGHT, COMMISSIONERS, AGENDA ITEM NUMBER EIGHT IS A RESOLUTION OF TAKING FOR EASEMENTS FOR BEACH RENOURISHMENT IN THE VILANO BEACH AREA.

THE COUNTY'S PARTNERED WITH THE ARMY CORPS OF ENGINEERS TO PROTECT THE BEACHES IN VILANO BEACH.

THE ARMY CORPS OF ENGINEERS HAS CHANGED ITS POLICY AND WILL NO LONGER ALLOW PROPERTIES TO BE SKIPPED IN THEIR BEACH RENOURISHMENT PROCESS.

IN THIS PROJECT AREA, THERE IS 136 LOTS LOTS WITH BEACH FRONT PROPERTY.

OF THOSE 136 OWNERS, 134 OF THEM HAVE WILLINGLY PROVIDED US CONSENT FOR THE ARMY CORPS TO PLACE SAND ON THEIR BEACHES. STAFF WILL CONTINUE TO ATTEMPT TO GET A VOLUNTARY EASEMENT TO PLACE SAND ON THE BEACHES FOR THESE LAST TWO LOTS, BUT THE ARMY CORPS IS REQUESTING THAT THE COUNTY DO EVERYTHING POSSIBLE TO OBTAIN THE FINAL TWO EASEMENTS.

FAILURE TO DO SO WILL JEOPARDIZE FUTURE FEDERAL FUNDING TO THIS PROTECTED PROJECT AREA.

ALSO OF NOTE, THIS IS NOT A FULL TAKING THESE PROPERTY.

[02:05:04]

THESE PROPERTY ARE ON THE PORTION OF THE PROPERTY THAT THE EASEMENT WILL AFFECT OUR BEACH PROPERTY.

AND THAT'S HEAVILY REGULATED.

SO THERE'S NOT A LOT OF DEVELOPMENT THAT THEY CAN DO ON THAT PORTION OF THE PROPERTY ANYWAY? THE EASEMENT IS ESSENTIALLY A CONSTRUCTION EASEMENT.

AND TO ALLOW THE ARMY CORPS TO PLACE SAND IN FRONT OF THEIR HOMES.