[8. PUD 2024-13 Tidal 210. Request to rezone approximately 65 acres of land from Commercial Highway and Tourist (CHT) to Planned Unit Development (PUD) to allow for the development of a maximum of 297 townhome units; located on the east side of Sandy Creek Parkway, south of County Road 210 and east of I-95. (Part 1 of 2)]

>> IS THERE ANYONE ELSE FOR PUBLIC COMMENTS? SEEING NONE, IS THE APPLICANT FOR ITEM EIGHT HERE? IT IS MY UNDERSTANDING THAT YOU'RE GOING TO BE REQUESTING A CONTINUANCE TO DATE

CERTAIN OF APRIL 17TH. >> YES. ELLEN AVERY SMITH, ROGERS TOWERS. I AM THE ATTORNEY FOR THE APPLICANT FOR TITLE 210 PUD AND WE WOULD RESPECTFULLY REQUEST A CONTINUANCE UNTIL APRIL 17TH FOR THIS BOARD. WE HAVE HEARD FROM THE RESIDENTS AS WELL AS SOME OF YOUR BOARD MEMBERS ABOUT TRAFFIC ISSUES ON COUNTY ROAD TO TENANT SO WE WOULD LIKE A LITTLE MORE TIME TO TALK TO THE COUNTY STAFF, THE D.O.T. AND OTHER INVOLVED PARTIES TO FIGURE OUT IF THERE IS AN ALTERNATIVE TRANSPORTATION

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SOLUTION THAT CAN BE AIDED BY THIS PROJECT SO THAT IS THE REQUEST WE WOULD PUT BEFORE YOU TODAY. JUST FOR THE RECORD, I VERY MUCH APPRECIATE THE SANDY CREEK HOA BOARD WORKING WITH US AND HAVING OPEN DIALOGUE. I DID EMAIL THEM LAST EVENING ABOUT THE FACT WE WILL BE REQUESTING THIS CONTINUANCE SO I APOLOGIZE THE FOLKS IN THE AUDIENCE DID NOT GET THAT WORD . IT IS ENTIRELY OUR FAULT BECAUSE WE DID NOT DECIDE TO DO THIS UNTIL LATE YESTERDAY AFTERNOON. WE ARE HERE TO ANSWER WHATEVER

QUESTIONS YOUR BOARD MAY HAVE. >> IS APRIL 17 TAKE A DATE FOR THE AGENCY? OKAY. AT THIS POINT I WILL OPEN IT UP FOR PUBLIC

COMMENT ON THAT ITEM. >> JOE MCINERNEY 1005 BLACKBERRY LANE. I AM HERE TO OPPOSE THE REQUEST FOR A CONTINUANCE . I JUST HAVE FOUR SLIDES HERE. THAT NUMBER UP THERE IS THE CURRENT LEVEL OF SERVICE LOS FOR THIS LINK, 36.1. IT IS VERY OVERCROWDED AND HAS BEEN OVERCROWDED FOR DECADES.

ADDITIONALLY , YOU WOULD SEE IN THE STAFF REPORT THAT THIS LINK FOR 36.1 IS UNFUNDED. NO FUNDS ARE COMMITTED TO THIS. AND AS MISS AVERY SMITH JUST TOLD YOU LAST NIGHT AT 5:00 P.M., RESIDENTS, AND WE KNOW HOW DIFFICULT IT IS TO INFORM RESIDENTS, GET RESIDENTS TO PARTICIPATE, GET THEM TO SHOW UP. AT 5:00 LAST NIGHT AN EMAIL GOES OUT THAT EFFECTIVELY SAYS DON'T WORRY, YOU DON'T HAVE TO SHOW UP. I WANTED TO LET YOU KNOW THAT THE APPLICANT IS GOING TO REQUEST A CONTINUANCE OF THE PZA HEARING TO ALLOW THE TEAM MORE TIME TO WORK WITH ST. JOHNS COUNTY STAFF AND THE FLORIDA DEPARTMENT OF TRANSPORTATION.

MORE TIME. THIS ROAD HAS BEEN OVERCROWDED FOR DECADES. THIS APPLICANT KNEW, NOSE, AND KNOWS EXACTLY WHAT THE CONDITIONS ARE.

IT IS MY OPINION THEY DO NOT NEED MORE TIME . THEY HAVE PRESENTED YOU A THOROUGH APPLICATION SO THIS IS JUST ME TODAY. I HOPE THAT YOU DENY THE CONTINUANCE. I HOPE THAT YOU WILL HEAR THE PRESENTATIONS AND THE PUBLIC COMMENTS AND THIS IS JUST ME, VOTE TO RECOMMEND DENIAL. I'M SORRY, I SHOULD'VE SAID JUST WROTE. VOTE YOUR CONSCIENCE, VOTE THE WAY YOU WOULD RECOMMEND APPROVAL OR DENIAL BUT FIRST AND FOREMOST DENY THIS CONTINUANCE. LET'S GET ON WITH IT TODAY. THANK YOU.

>> THANK YOU. >> THANK YOU. HARRY CAMPBELL 22 JENNY LAKE COURT IN THE SANDY CREEK NEIGHBORHOOD. I'M SPEAKING TODAY IS A HOMEOWNER IN SANDY CREEK. I AGREE WITH WHAT HE SAID TO THE ST. JOHNS COUNTY PZA STAFF A LETTER ALONG WITH SEVERAL FINDINGS ACT WITH REGARD TO THE PROPOSED PLAN UNIT DEVELOPMENT AND I WOULD LIKE TO EMPHASIZE THAT A LAST-MINUTE EMAIL TO ONE BOARD MEMBER IS NOT A WAY TO REACH AN ENTIRE HOMEOWNERS ASSOCIATION SO IT'S VERY DIFFICULT FOR ME TO DIVORCE MYSELF FROM OVER 49 YEARS OF EXPERIENCE IN TRANSPORTATION.

I'M SPEAKING AS A HOMEOWNER, NOT AS A REGISTERED PROFESSIONAL ENGINEER BUT I HAVE HAD A WEEK TO LOOK AT THE TRAFFIC STUDY AND I AM VERY FAMILIAR WITH THE DIFFICULTIES OF ROAD-WIDENING AND INTERSECTION IMPROVEMENTS, SO AS PREVIOUSLY STATED, THE AMOUNT OF APPROVED DEVELOPMENT THAT ACCESSES TUTEN PLACES A SEVERE DIFFICULTY OF 173%. THIS DEVELOPMENT WOULD PUSH IT 176%.

THERE IS NOTHING IN THE WORK PROGRAM FOR INTERSECTION IMPROVEMENTS OR ROADWAY IMPROVEMENTS ON COUNTY ROAD 210.

THERE IS DISCUSSION BUT NOTHING IN THE WORK PROGRAM. ADDING ONE ADDITIONAL LANE WESTBOUND ON COUNTY ROAD 210 DOES NOT RESOLVE THE OVERSATURATION OF 173%. IT DOES NOT SOLVE THE FACT , AS I

[00:20:09]

HAVE PRESENTED , THE EXPRESSWAY HAS GOT TO TIE IN TO THE FUTURE I-95 AND THAT THERE WILL ONLY BE ONE ADDITIONAL LANE IN EACH DIRECTION OF I-95 AND THE OVERALL IMPACT THERE YOU SEE ON THIS MAP IS GOING TO BE IMPACTED BY THE FIRST COAST EXPRESSWAY.

THAT IS NOT IN ANY OF THE TRAFFIC ANALYSIS THAT YOU ARE LOOKING AT. THAT SIMPLE IMPROVEMENT, ONE-LANE WESTBOUND IN THE PROPOSAL FOR A THROUGH CUT AT THE MOON BAY PARKWAY AND COUNTY ROAD TUTEN INTERSECTION DOESN'T FIX THE LONG-TERM PROBLEM OF THE ROADWAY BEING OVERSATURATED. THE SANDY CREEK PUD HAS ADDITIONAL UNITS APPROVED THAT WILL USE UP AVAILABLE CAPACITY IN THAT SECTION OF CRT 10. THAT'S ALREADY APPROVED. ADDING MORE TO THAT EXACERBATES A SEVERE PROBLEM THAT IS NOT FUNDED IN THE CAPITAL IMPROVEMENT PROGRAM.

WIDENING A CONSTRAINED ROADWAY IS A CHALLENGE SO I WOULD SUBMIT TO YOU THE DENIAL TODAY OF THE CONTINUANCE .

>> THANK YOU. YOUR TIME IS UP. >> GOOD AFTERNOON. MY NAME IS KEITH MELINDA. I LIVE AT 226 CLEAR CREEK COURT WHICH IS IN THE SANDY CREEK SUBDIVISION. THE TWO PREVIOUS GENTLEMEN I BELIEVE STATED A VERY GOOD ARGUMENT AND WE ALSO AGREE, I AND MY NEIGHBORS, THAT WE SHOULD DENY THIS CONTINUANCE. THERE'S NO REASON TO CONTINUE IT. THEY MENTIONED, AS THEY SAID, THAT THIS PARTICULAR SECTION OF 210 IS AT 173% EFFICIENCY. THERE ARE NO FUNDS ALLOCATED TO WIDEN THAT ROAD AND EVEN IF THEY WERE I DON'T SEE HOW THEY COULD POSSIBLY DO IT. WITH THE SUNOCO STATION RIGHT THERE THEY WOULD BE RIGHT UP AGAINST THE GAS PUMPS. BUT I'VE NOT HEARD ANYBODY SAY YET IS THERE IS ALREADY A TOWNHOME DEVELOPMENT THAT HAS BEEN APPROVED AND IS CURRENTLY BEING BUILT FOR 800 TOWNHOMES RIGHT NEXT TO WHERE THIS PROPOSED DEVELOPMENT IS GOING TO BE. THEY ARE STILL WORKING ON THE FIRST 362 IN PHASE ONE. I JUST DON'T SEE HOW THEY CAN COME UP WITH ANY OTHER GOOD REASONS TO PROCEED ON THIS BECAUSE THIS IS A SATURATED TRAFFIC CONDITION. THE TRUCK STOP START GOING ANYWHERE THAT I CAN TELL. IT IS JUST SO DANGEROUS AROUND THESE TRUCK STOPS RIGHT NOW BECAUSE THE TRUCKERS ARE SO FRUSTRATED TRYING TO GET IN AND OUT OF THE TRUCK STOPS WITH ALL THE TRAFFIC THAT THEY ARE PULLING IN FRONT OF PEOPLE. IT IS JUST NOT A GOOD SCENARIO AND I DON'T SEE HOW WAITING FOR ANOTHER DATE, AND I'M SURE YOU GUYS HAVE A FULL AGENDA IN THE FUTURE , OF TRYIG TO GET THIS DELAYED AND FIND REASONS TO MOVE FORWARD WITH THAT I JUST DON'T SEE HOW IT'S GOING TO HAPPEN. LASTLY, THE OTHER DEVELOPMENT GOING IN IS A BUNCH OF COMMERCIAL ON THE BEACH SIDE. EACH WALK ON THE SOUTH SIDE OF THE LAGOON. THERE IS A HOTEL GOING TO GO IN THERE.

OTHER COMMERCIAL RESTAURANTS AND OTHER THINGS. I DON'T KNOW HOW FAMILIAR YOU ALL ARE WITH THAT AREA BUT IT'S VERY DIFFICULT.

THANK YOU. >> PLEASE REFRAIN FROM OUTBURST OF THE REMINDER, THIS IS FOR THE CONTINUANCE AND NOT FOR THE APPROVAL OR DISAPPROVAL OF THIS RECOMMENDATION.

>> MY NAME IS NORMAN GAGNON. I HOPE YOU CAN HEAR ME. I LIVE IN SANDY CREEK 2767 SPRING CREEK WAY. I'VE BEEN A RESIDENT THERE FOR ABOUT NINE YEARS. AS YOU KNOW, THIS GROUP DENIED AN APPLICATION FOR THE DEVELOPER HOWEVER YOUR NEXT LEVEL AUTHORITY APPROVED THE DEVELOPMENT FOR SANDY CREEK TO BE ADDING ADDITIONAL UNITS CONDITIONAL UPON PUTTING ANOTHER EXIT OUT ON THE SOUTH SIDE OF TUTEN. PRIOR TO DOING ANY DEVELOPMENT. THERE ARE NOT MANY ADDITIONAL DEVELOPMENTS SO THERE IS NOTHING THAT TELLS ME THAT'S GOING TO HAPPEN IN THE NEAR

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FUTURE TO EASE THE TRAFFIC COMING OUT OF SANDY CREEK PARKWAY. I RESPECTFULLY REQUEST YOU DENY THE CONTINUANCE AND MAKE A DECISION IN THE NEGATIVE FOR APPROVAL OF THIS. COUNT ME AMONG THOSE BEFORE THIS HAS BEEN PUT INTO BE THE VICTIM OF AN ACCIDENT WHEN I EXITED SANDY CREEK. IF YOU TURN RIGHT TRAFFIC IS COMING FROM WEST TO EAST AND TUTEN. TRAFFIC IS AS EXITING THE RAMP ON 25 NORTH AND IF THAT ISN'T ENOUGH TRAFFIC COMING SOUTH EXITING 95 AND GOING EASTBOUND YOU HAVE MOMENTS TO GET OUT IF THEY ARE NOT BLOCKING THE HIGHWAY IF YOU PLAN TO GO EAST OR TO EXIT SANDY CREEK. THIS IS GOING TO EXACERBATE THE TRAFFIC CONDITION. I'VE SEEN THE NUMBERS 173, MAYBE 225 BUT THAT'S GOING TO ADD ADDITIONAL UNITS. IF YOU ADD ADDITIONAL UNITS IN SANDY CREEK THAT'S GOING TO BE FURTHER EGRESS AND ENTRANCE ISSUES GETTING OUT OF THERE SAFELY. I'VE ALREADY BEEN THE VICTIM OF SOMEONE SPEEDING, OUT OF THERE AS THEY TRY TO BEAT THE LIGHT. I HOPE THERE ARE NO ACCIDENTS. I HOPE THERE ARE NO MORE FATALITIES. I DON'T BELIEVE THAT NEIGHBORHOOD CAN TOLERATE ADDITIONAL DEVELOPMENT AND RESPECTFULLY REQUEST YOU DENY THE EXTENSION AND DENY THE REQUEST. THANK YOU VERY MUCH.

>> THANK YOU. >> PLEASE REFRAIN FROM OUTBURST.

THANK YOU. >> CAROLYN WARD, 327 JENNY LAKE COURT. I JUST REQUEST THAT YOU DENY THE REQUEST FOR AN EXTENSION AND TO DENY THE APPLICATION ALTOGETHER. YOU HAVE HEARD OF THE ARGUMENTS. WAITING A MONTH IS NOT GOING TO CHANGE ANY DEFICIENCY. YOU ALREADY HEARD THE DEFICIENCY AS 173%.

THAT'S NOT GOING TO CHANGE IN A MONTHS TIME FRAME SO INSTEAD OF WAITING AND KICKING THE CAN DOWN THE ROAD I JUST ASK YOU DENY THE

REQUEST FOR AN EXTENSION. >> THANK YOU.

>> GOOD AFTERNOON. MY NAME IS ROB SELVES. I LIVE AT 113 LINVILLE LAKE LANE IN THE SANDY CREEK SUBDIVISION. I ALSO AM HERE TO ASK FOR YOU TO NOT ACCEPT THE CONTINUANCE ON THEIR BEHALF TODAY AND TO ALSO REJECT THE FOR THE PLANNING OF THIS AREA. ARE NOT GOING TO WASTE YOUR TIME REITERATING WHAT THE RESIDENTS HAVE ALREADY TOLD YOU. IT'S ALL BEEN FACTUAL AND CORRECT BUT I WILL TELL YOU IS , AS A HOMEOWNER I'VE BEEN LIVING IN SAINT JACK'S COUNTY FOR 27 YEARS SINCE I MOVED DOWN HERE AND I'VE NEVER BEEN TO A MEETING LIKE THIS. THIS IS THE FIRST TIME IN 27 YEARS BECAUSE THIS IS THE FIRST TIME I FELT I NEEDED TO BE HERE. MY VOICE NEEDED TO BE HEARD AS LITTLE AS IT MAY BE, MY VOICE NEEDED TO BE HEARD. COMING OUT OF THE SUBDIVISION IS AN ABSOLUTE HORRIFIC EXPERIENCE EVERYDAY OF OUR LIVES. WE HAVE TOTURN RIGHT OUT OF THEIR AND MAKE A U-TURN AND WHEN I MOVED IN 12 YEARS AGO THAT WAS FINE. I HAVE NO PROBLEM WITH IT BECAUSE TUTEN DIDN'T GO THROUGH SO THERE WAS NOBODY COMING FROM THE OPPOSITE DIRECTION. IT DID NOT GO OVER PHILLIPS HIGHWAY AT THE TIME. THERE WAS NO BEACH WALK. THERE WAS NO BEACON LAKES. THERE WAS NO HOME DEPOT AND LOWE'S . WE HAD HOME DEPOT WOULD NOT LOWE'S AND BJ'S AND ALL THAT. NOW ALL OF A SUDDEN WE HAVE ALL OF THIS TRAFFIC. 12 YEARS AGO I COULD HAVE PUSHED THE SEMI IN THAT U-TURN. THERE WAS NOBODY COMING.

IT WOULDN'T HAVE MATTERED BUT TODAY WE HAVE TO SIT AND WAIT AND WHAT DID THEY DO? THEY PUT UP A SIGN THAT SAYS FOR PEOPLE TO STOP AND THEY PAINTED FIVE DOLLARS WORTH OF PAINT ON THE STREET THE SAID DO NOT BLOCK THE INTERSECTION. THAT IS WHAT WE GOT. THE SUBDIVISION, THE PLANNING OF IT -- I LOVE LIVING THERE AND I LOVE THE PEOPLE THERE BUT THE ENTRANCE AND EXIT WAS PLANNED OUT VERY POORLY AND IT WAS NOT DONE WITH THE IDEA OF PROGRESS IN MIND. IT NEEDS TO BE FIXED. IF THEY ADD THESE NEW TOWNHOMES THAT ARE GOING IN, NOT TO MENTION 800 THAT ARE ALREADY APPROVED AND GOING I, THE TRAFFIC THAT IS GOING TO BE CREATED BY THIS HAS GOT TO BE STOPPED. THE INFRASTRUCTURE HAS TO BE FIXED FIRST BEFORE YOU CAN ALLOW MORE TRAFFIC TO COME INTO THIS AREA. IF YOU HAVE PRIVATE PROPERTY AND YOU BUILD A GARAGE ON THE BACK OF YOUR PROPERTY, DON'T YOU BUILD A ROAD TO IT? YOU GOT TO GET TO IT, RIGHT? YOU GOT TO BUILD A ROAD TO GET TO YOUR GARAGE SO I AM JUST ASKINGO YOU TO DENY THEM, TO STOP THIS.

PEOPLE ARE GOING TO GET HURT. MARK MY WORDS. PEOPLE ARE GOING TO GET HURT AND POSSIBLY KILLED. BECAUSE OF THE TRAFFIC ON TUTEN.

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I IS HORRENDOUS. THANK YOU. >> THANK YOU.

>> SUZANNE ) 109 LAURELWOOD WAY UNIT 102. WELL, THIS IS NOT MY NECK OF THE WOODS BUT I KNOW A NUMBER OF PEOPLE THAT LIVE UP THERE AND I HAVE BEEN COMING TO THESE MEETINGS LONG ENOUGH TO HAVE HEARD A NUMBER OF THESE PROJECTS THAT THEY ARE POINTING OUT THAT HAVE BEEN APPROVED THROUGH THE YEARS. THE AMOUNT OF DISCUSSION THAT HAS GONE IN TO EITHER APPROVIG OR DISAPPROVING THEM AND IT ALL BOILS DOWN TO THE ROADS IN THAT AREA JUST ARE NOT BUILT TO GET PEOPLE IN AND OUT IN A SAFE, APPROPRIATE TIME-FRIENDLY WAY. I GET IT AND I REALLY FEEL BAD FOR THESE PEOPLE. THIS PROJECT IS -- IT COULD VERY WELL BE A LOVELY PROJECT. MY QUESTION IS, YOU KNOW, WE HAVE NOT HEARD WHAT TYPES OF HOMES ARE GOING TO BE BUILT THERE. THERE IS TOWNHOMES AND THERE IS TOWNHOMES. I HAVE HEARD THROUGH THE GRAPEVINE THAT THEY SAY THAT THEY ARE GOING TO BE PREMIER , YOU KNOW, SO I KNOW THEY'RE NOT GOING TO BE WORKFORCE, AT LEAST NOT INITIALLY. WE WILL GET TO THAT LATER, I'M SURE, IF THEY ARE DENIED AND I'M LOOKING AT THE STAFF REPORT AND THE STAFF DOES A GREAT JOB FOR US. THEY HAVE A LITTLE CHART HERE. IT SHOWS ALL THE SURROUNDING PROPERTIES AND THE ENTITLEMENTS. NOW, I THINK IT WAS MENTIONED HERE ONE OF THE PEOPLE THAT CAME UP TO THE PODIUM SEEMS TO THINK THAT THESE ENTITLEMENTS, IF THEY ARE NOT BUILT YET, ARE NOT INCLUDED IN THAT 173% AND I THINK THAT IS INCORRECT. I THINK ONCE THEY ARE APPROVED, THEY DO GET THEIR NUMBER OF TRAFFIC CARS, HAVE A SPOT RESERVED, BUT ALL THAT ASIDE LET ME TELL YOU, 170% OR 110%, IT DOESN'T MATTER. THERE OVER THE CAPACITY FOR THE ROADS AND WE HAVE HEARD MANY GOOD ARGUMENTS WHY. YOU KNOW, I UNDERSTAND FROM YOUR POINT OF VIEW , THE STATE OF FLORIDA, THEIR MANTRA IS PEOPLE WANT TO COME AND WE WANT TO BUILD HOUSES FOR THEM. AND AGAIN THERE IS A BILL TO PUSH OUT ANY REFERENCES TO A LINE THAT YOU PUT IN YOUR COMP PLAN SAYING THAT THIS IS OUR BOUNDARY AND THEY'RE GETTING READY TO PUSH THROUGH A BILL SAYING THAT THOSE BOUNDARIES ARE GOING TO BECOME USELESS AND THEY'RE ACTUALLY GOING TO BE RETROACTIVE TO SOME THINGS THAT HAVE BEEN APPROVED BEFORE SO THE STATE IS NOT OUR FRIEND BUT YOU HAVE TO VOTE ACCORDING TO WHAT THE LAW SAYS AND IT IS MY UNDERSTANDING THAT THE LAW SAYS YOU HAVE TO GIVE THE APPLICANT A FAIR HEARING AND IN THE PAST, YOU HAVE ALLOWED CONTINUANCES. PERSONALLY, I DON'T THINK THERE IS A WAY TO RESOLVE THESE TRAFFIC ISSUES. I THINK THEY ARE GOING TO COME BACK AND IT IS NOT GOING TO BE TOO MUCH DIFFERENT THAN WHAT YOU HAVE SEEN NOW. I'M REALLY HAPPY AT LEAST HOPEFULLY MOST OF THE PEOPLE IN THAT NEIGHBORHOOD UNDERSTOOD THAT IT WAS NOT GOING TO BE HELD TODAY AND THEY WILL COME BACK THE NEXT TIME AND YOU KNOW, HERE IS WHERE WE ARE AT, BUT I THINK THIS IS A TERRIBLE IDEA.

>> THANK YOU. >> GOOD AFTERNOON. CHARLIE HUNT.

MILLCREEK ESTATES. FOR ATTENDING THESE MEETINGS OR LIVING IN THIS COUNTY IT IS A GOOD IDEA TO SEE WHAT THE COUNTY IS DOING, SEE WHAT IS GOING ON WITH THE COUNTY. ME, I WAS NOT BORN IN THIS COUNTY. I WAS BORN JUST UP THE ROAD THERE IN THE GREAT JACKSONVILLE AND WE TRAVELED DOWN HERE MANY TIMES. THROUGH HERE, 95 AND U.S. ONE OKAY, IT WAS GREAT BECAUSE THAT TRUCK STOP WAS THERE AND THE CITRUS BUSINESS WAS RIGHT THERE ON TUTEN AND THAT WAS SOME OF THE SCENIC THINGS ABOUT THIS AREA .

ON U.S. ONE THEY HAD THE OLD ALLIGATOR FARM RIGHT THERE, WHICH IS ALL TORN DOWN AND EVERYTHING BUT AS THIS COUNTY IS

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DEVELOPING , IT IS EASY TO DRAW PEOPLE INTO THESE VERY SECLUDED , REMOTE DEVELOPMENTS AND THEN LATER ON THEY ARE FINDING OUT THERE IS ALL THIS GOING AROUND US. THERE IS MORE TRAFFIC GOING IN HERE. WHY IS THAT? THEY SHOUDN'T HAVE THAT. BUT, ARE THEY ASKING THEMSELVES WELL I GUESS IF I MOVED INTO HERE I WOULD BRING MORE TRAFFIC OR ALL THE DEVELOPMENTS AROUND WE WOULD BRING MORE TRAFFIC INTO THIS AREA AND RIGHT THERE AT A MAJOR INTERSECTION OFF OF 95. IT'S A LITTLE BIT OF PRACTICALITY MAYBE IN TRYING TO REALZE WHAT IS HAPPENING. I WOULD SAY DON'T SIT FOR MANY YEARS UNTIL HE GETS RIGHT TO YOUR FRONT DOOR. YOU NEED TO LISTEN TO WHAT IS GOING ON AND SEE WHAT IS GOING ON. THE EXPANSION OF TUTEN THEY ARE DOING IT YES BUT WITH THESE PLANS TO TRY TO GET POSTPONED AND MOVED ON, I WILL AGREE WITH THAT. PUT THEM UP HERE. THEY WANT TO COME IN HERE. THEY HAVE GOT THE HIGH-PAID LAWYER TO RUN THIS STUFF FOR THEM. MAKE THEM STAND UP IN HERE AND DOING OKAY. THERE IS NO CHANGING ALL OF A SUDDEN OFF-THE-CUFF. BUT THERE ARE MANY PEOPLE WHO SOLD THEIR FARMS AND SOLD THEIR LAND TO GET THESE DEVELOPMENTS PUT ON AND NOW THE ONES WHO ON THE DEVELOPMENTS ARE COMPLAINING ABOUT OTHER DEVELOPMENTS OKAY. THAT IS A CONSTANT ISSUE THAT IS HAPPENING SO IF YOU ARE COMPLAINING ABOUT THE TRAFFIC THAT YOU BROUGHT INTO THE AREA BECAUSE IT WAS NOT LIKE THAT BEFORE IT IS KIND OF 61Y HALF A DOZEN OF ANOTHER IN A LOT OF SENSE. UNDERSTAND FOLLOW WHAT IS GOING ON WITH THE COUNTY NOT 20 YEARS AFTER. YOU NEED TO DO IT NOW BECAUSE WHEN IT HITS YOUR FRONT DOOR YOU WILL BE WORRIED. THANK YOU.

>> THANK YOU. ARE THERE ANY MORE SPEAKERS FOR THIS CONTINUANCE?

>> GOOD AFTERNOON. MY NAME IS ROBERT TAYLOR. I LIVE AT 105 HUMBERT WAY SANDY CREEK. I APPRECIATE THE OPPORTUNITY TO COME DOWN AND SPEAK WITH YOU. THIS IS THE FIRST TIME I'VE DONE THIS AS WELL BUT I FEEL COMPELLED TO COME DOWN AND SHARE SOME FACTS OR REITERATE THE FACTS AND SUPPORT YOUR FOCUS OF DENYING THE CONTINUANCE. A COUPLE THINGS TO POINT OUT. I HAVE DOWNLOADED 80 PAGES OF THE REPORT YOU HAD ONLINE . YOU KNOW, I NOTICED A COUPLE OF THINGS. WE ALREADY HAVE 383 HOMES IN SANDY CREEK. PROPERTY IN ONE OF THE AREAS THAT'S BEING DEVELOPED WE HAVE 816 MULTIFAMILY HOMES, PROPERTY THREE IS WHAT IS BEING POTENTIALLY CONTINUED. AND THEN WAS SANDY CREEK'S EXTENSION OF PROPERTY FIVE WE'RE LOOKING AT ANOTHER 457 SINGLE HOMES , 625 MULTIFAMILY HOMES ON YOUR SPREADSHEET. THIS 297 HOMES THAT IS GOING TO BE PART OF PROPERTY THREE OF THE TRAFFIC REPORT INDICATES 1907 IDEALLY TRIPS, 115 TRIPS PEAK A.M. AND 148 PEAK P.M. THE PEAKS HAVE ACTUALLY EXTENDED AND I DON'T KNOW IF THAT IS CONSIDERED IN YOUR TRAFFIC REPORT BECAUSE A TYPICAL PEAK PERIOD MIGHT BE 8:00 IN THE MORNING, 5:00 AT NIGHT. THAT IS NORMAL BUT WHAT WE ARE FINDING WITH THE TRAFFIC DELAYS AND THE CONGESTION IS THAT PEAK ACTUALLY EXTENDS TO ALMOST 9:30 IN THE MORNING, 10:00 IN THE MORNING THEN PEAK BEGINS AT 3:00 IN THE AFTERNOON SO WE HAVE TO REALLY PLAN HOW WE ARE GOING TO GET OUT OF THAT, THE ONE ROAD WE HAVE LEADING OUT A SANDY CREEK AND YOU HAVE ANOTHER THOUSAND WITH THIS PARTICULAR DEVELOPMENT LEADING OUT OF MOON BAY, I BELIEVE IT IS CALLED, SO IT IS A MAJOR CONCERN FOR THE CONGESTION. THE OTHER COMPONENT I HAVE READ THROUGH HERE IS THAT THIS LINK 361 WHICH I BELIEVE STARTS AT 95 AND GOES TO EW SOMETHING RIGHT AFTER THE TRACTOR SUPPLY , THERE ARE NO CURRENT PLANS IN THE COUNTY'S FIVE-YEAR CAPITAL PLAN TO DEAL WITH THAT CONGESTION AND IF WE ARE ALREADY HAD A CREDIT DEFICIENCY AND I HAVE NEVER WORKED ON THE BOARD FOR PLANNING AND ZONING BUT IF YOU ARE ALREADY AT A DEFICIENCY AND YOU DON'T HAVE A PLAN TO ADDRESS THAT DEFICIENCY, HOW CAN YOU SUPPORT APPROVING ANY ADDITIONAL DEVELOPMENT AT ALL WITHOUT

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ADDRESSING THE DEFICIENCY? SO, AS A CONCERNED CITIZEN I IMPLORE YOU TO DENY THE REQUEST AND I APPRECIATE YOUR TIME. THANK YOU.

>> HELLO. THANK YOU FOR HEARING ME TODAY. I AM ANDREW FLETCHER, BOARD MEMBER AT LARGE AND THE HOA AT SANDY CREEK AND I'VE BEEN A REAL ESTATE BROKER AND SALESPERSON SINCE THE 1900 SO I AM TYPICALLY A PRO-GROWTH PERSON AND I BELIEVE IN GROWTH AND COMMUNITIES AND IN THIS CASE I WOULD IMPLORE YOU TO DENY THIS CONTINUANCE BECAUSE I LIKE SMART GROWTH AND YOU DON'T HAVE TO DRIVE DOWN TO ATTEND TOO FAR FROM I-95 TO SEE THE DEBACLE WITH THE DEVELOPMENT THAT WENT ON WITH BEACH WALK IN THE ROAD THERE AT 210 AND I WAS SAY THIS WILL CREATE ANOTHER SITUATION LIKE THAT OR WE ARE RETROACTIVELY TRYING TO FIX THE TRAFFIC PROBLEM IN THIS HAS BEEN STATED. I WILL REITERATE WHAT HAS BEEN STATED BUT THIS IS A SERIOUS HEALTH AND SAFETY ISSUE FOR THE RESIDENTS AND CITIZENS IN THE AREA AND I WOULD LIKE TO -- I'M LOOKING FORWARD TO YOU DENYING THIS. DENYING THE CONTINUANCE RIGHT NOW I THINK IT IS PROPER FOR ME TO WEIGH IN ON

THAT SUBJECT. THANK YOU. >> OTHER ANY MORE SPEAKERS? SEEING NONE WE ARE GOING TO MOVE BACK INTO THE AGENCY FOR EMOTION, QUESTIONS, OR DISCUSSION.

>> THAT IS FINE AND APPROPRIATE. YOU SHOULD ALLOW THE APPLICANT

TO MAKE REBUTTALS THEY WANT TO. >> WILL THE APPLICANT PLEASE

APPROACH. >> THANK YOU FOR THE OPPORTUNITY. AGAIN, WE RESPECTFULLY REQUEST TO CONTINUE THIS HEARING UNTIL APRIL 17TH FOR THE REASONS I STATED BEFORE.

I AGAIN APOLOGIZE FOR REACHING OUT TO THE SANDY CREEK RESIDENCE JUST YESTERDAY BUT AGAIN, BASED ON THEIR INPUT THAT THEY HAVE EMAILED AND INPUT FROM YOUR BOARD WE UNDERSTOOD WE NEEDED MORE INFORMATION ABOUT TRAFFIC SO WE WILL LEAVE IT TO YOUR WISE

DECISION. >> THANK YOU.

>> MS. SPIEGEL. >> THANK YOU. MR. CHAIR , THANK YOU. IN MY THINKING , I HAD A PHONE CONVERSATION WITH MS. ELLEN AVERY-SMITH YESTERDAY. SHE IS VERY QUALIFIED AND CAPABLE AND ALWAYS DOES A VERY GOOD JOB IN HER PRESENTATION. I FOUND OUT THAT THERE WAS GOING TO BE A REQUEST FOR A CONTINUANCE THIS MORNING AT ABOUT 11:00 AND I SPENT MANY HOURS PREPARING FOR THIS AND IT SEEMED TO ME THE APPLICANT WAS ABSOLUTELY PREPARED ENOUGH YESTERDAY WHEN WE HAD A PHONE CONVERSATION AT NOON THAT I CAN IMAGINE WHAT INFORMATION SHE MIGHT BE ABLE TO GLEAN BETWEEN NOW AND THEN TO REALLY SWAY THE DECISION AND ALSO THERE WILL BE AN OPPORTUNITY TO GET UPDATED INFORMATION BEFORE THE BOARD OF COUNTY COMMISSIONERS. THIS IS ONLY A RECOMMENDATION HEARING. WE ARE NOT MAKING THE FINAL DECISION. I BELIEVE NEIGHBORS HAVE COME OUT. I DON'T BELIEVE THERE WAS ADEQUATE TIME TO TELL PEOPLE NOT TO COME AND I'M GOING TO BE IN FAVOR OF DENYING THIS CONTINUANCE AND ALLOWING THE PRESENTATION TO COME ON BOARD. I DON'T KNOW WHAT MY FELLOW BOARD MEMBERS THINK ABOUT THAT BUT THAT IS JUST MY

THINKING. THANK YOU. >> THANK YOU. MISS AVERY-SMITH, I HAVE A QUESTION FOR YOU. I HOPE YOU SKIPPED YOUR CARDIO THIS MORNING BECAUSE YOU'RE GETTING ALL THESE EXTRA STEPS.

>> I DID NOT, BUT IT'S OKAY. >> KNOWING THE NEIGHBORHOOD OPPOSITION , PERHAPS THE TENOR OF THE BOARD UP HERE , WOULD ONE OF THE THINGS YOU MIGHT CONSIDER AT THIS POINT BE EXPLORING FINDING ANOTHER WAY IN AND OUT IN ADDITION TO MOON BAY TO RELIEVE SOME OF THE TRAFFIC ISSUES?

>> MR. MATOVINA, FOR THE RECORD AND WE HAVE DISCUSSED THIS WITH THE HOMEOWNERS ASSOCIATION BOARD AS WELL. ORIGINALLY WHEN THE CONTRACT PURCHASER OF THIS LAND WAS LOOKING AT THIS PROPERTY, THEY WERE VERY CAREFUL TO NOT CONNECT TO SANDY CREEK PARKWAY

[00:45:06]

BECAUSE WE UNDERSTOOD WHAT THESE RESIDENTS ARE TALKING ABOUT, HOW DIFFICULT IT IS TO GET IN AND OUT OF THEIR COMMUNITY BECAUSE THERE IS A NOT A WAY TO TURN LEFT OUT. THERE IS A MEDIAN BECAUSE THE ROAD IS SO CLOSE TO I-95 SO IT WAS INTENTIONAL TO CONNECT THIS PROJECT ONLY TO MOON BAY PARKWAY WHICH CONNECTS TO COUNTY ROAD 210 AT A TRAFFIC SIGNAL AND SO THAT IS WHY THIS ACCESS, WHICH IS ONLY ONE FROM THIS PROPERTY. 210 IS VIA MOON BAY PARKWAY ARE NOT SANDY CREEK PARKWAY.

> ALL RIGHT, THANK YOU. MR. LABANOWSKI.

>> A QUESTION IN REGARDS TO THE CONTINUANCE . YOU KNOW, ACCORDING TO MS. SPIEGEL I AGREE WE DID NOT GET PROPER NOTIFICATION. THE HOMEOWNERS DID NOT GET PROPER NOTIFICATION.

THEY CAME OUT HERE SO I THINK THEY NEED TO HEAR THE THING FROM START TO FINISH AND MAKE THE DECISION AFTER THAT SO I AM

AGAINST THE CONTINUANCE. >> I WILL AGREE WITH MS. SPIEGEL AND MR. LABANOWSKI. I GOT A CALL YESTERDAY AFTER 1:00 FROM MS. ELLEN AVERY-SMITH AND SHE WAS ALL IN FAVOR OF BRINGING THIS FORWARD AT THAT TIME AND THEN I UNDERSTAND AT 5:00 YESTERDAY YOU WANTED TO PULL THE PLUG BUT I DID NOT FIND OUT ABOUT THIS CONTINUANCE POSSIBILITY UNTIL THIS MORNING WHEN JACOB SMITH FROM GROSS -- GROWTH MANAGEMENT CALLED ME AND I SEE HOW MANY PEOPLE CAME OUT ALREADY TO SPEAK AGAINST THIS. I CAN IMAGINE SINCE IT WAS ITEM NUMBER EIGHT, HOW MANY MORE PEOPLE MIGHT SHOW UP IN THE NEXT HOUR OR TWO. THINKING THIS WAS GOING TO TAKE A WHILE TO RUN THROUGH THE AGENDA BEFORE WE GET TO ITEM EIGHT. I JUST DON'T THINK IT IS FAIR TO THE PUBLIC , TO THE RESIDENCE, TO THE PEOPLE WHO CAME TO SPEAK ABOUT THIS ITEM TO CONTINUE THIS. I VOTED FOR CONTINUANCES BEFORE THEY VOTED AGAINST CONTINUANCES BEFORE BUT NOW I'M GOING TO HAVE TO VOTE AGAINST THIS BECAUSE I CANNOT SEE IN ONE MONTH YOU ARE GOING TO UNCOVER NEW INFORMATION ABOUT THIS TRAFFIC SITUATION THAT WE HAVE ALL KNOWN ABOUT FOR YEARS OUT THERE SO I CAN'T SUPPORT

THE CONTINUANCE. THANK YOU. >> MR. GREEN.

>> YES. AN EMAIL WENT OUT TO THE HOMEOWNERS ASSOCIATION THAT THIS WOULD BE CONTINUED, MIGHT BE CONTINUED?

>> CORRECT. AS SOON AS THE GROUP COLLECTIVELY DECIDED TO ASK FOR THE CONTINUANCE I SENT AN EMAIL TO THE HOA BOARD BECAUSE THOSE WERE THE ONLY CONTACTS I HAD IN THE HOA AND AGAIN THE FACTS ARE

WHAT THEY ARE. >> WHAT CONCERNS ME IS THERE PROBABLY ARE PEOPLE WANTING TO SPEAK AND NOT COMING, THINKING IT'S GOING TO BE DELAYED THAT IS WHAT BOTHERS ME VOTING FOR IT SO LET ME ASK OUR LEGAL. IF THIS CONTINUANCE IS DENIED , WHAT KEEPS HER FROM PULLING THE APPLICATION AND REAPPLYING?

>> NOTHING KEEPS HER FROM DOING THAT BUT IT WOULD PUT HER BACK AT THE VERY BEGINNING OF IT AND THERE ARE SOME EXTRA FEES BUT IT'S NOT THE WORST THING AND IT DOESN'T REALLY CHANGE MUCH.

NOTHING THAT THIS BOARD DOES TODAY CREATES ANY FINAL DECISION THAT WOULD KEEP THE APPLICANT FROM REAPPLYING AND BRINGING IT BACK IN THE FUTURE . IF A FINAL DECISION IS MADE BY THE BOARD OF COUNTY COMMISSIONERS AND THERE IS A DELAY OF AT LEAST A YEAR ON

THE PROJECT. >>. OKAY. WANT CLARIFICATION ON WHAT THE PROCEDURES WOULD BE IF WE VOTE IN FAVOR OR DISFAVOR.

>> WILL ENTERTAIN A MOTION FOR THE CONTINUANCE FOR A DATE CERTAIN OF APRIL 17TH FOR ITEM NUMBER EIGHT. MR. MATOVINA.

>> I WILL MAKE A MOTION TO CONTINUE THIS ITEM UNTIL APRIL

17TH. >> WE HAVE A MOTION ON THE

SECOND. >> MAY I SPEAK?

>> YES, SIR. >> OKAY. THERE PROBABLY ARE SOME PEOPLE WHO HAVE NOT SHOWN UP HERE AS A RESULT OF THIS ATTEMPT

[00:50:04]

TO CONTINUE THE MEETING. PARTICULARLY SINCE IT IS ITEM NUMBER EIGHT. NUMBER TWO, I ASKED MS. SMITH THE QUESTION I ASKED BECAUSE QUITE OFTEN WHEN FACED WITH THIS SORT OF OPPOSITION, AND APPLICANT WILL COME UP WITH SOME VERY NOVEL APPROACHES TO RESOLVING THE ISSUE AND SHE WAS THINKING ABOUT THE TWO EXISTING ENTRANCES BUT PERHAPS THE APPLICANT WILL LOOK AT SOME WAY TO BUILD A ROAD FURTHER TO THE EAST AND RELIEVE SOME TRAFFIC CONGESTION FOR MANY OF THE PEOPLE IN THAT AREA SO I THINK IT IS IMPORTANT THAT WE GIVE THE APPLICANTS THE TIME TO CONSIDER SOMETHIG A LITTLE MORE CREATIVE, GIVEN THE OPPOSITION THAT EXISTS AND THE TRAFFIC SITUATION.

>> MR. LABANOWSKI. >> THE MOTION WAS TO DENY, CORRECT? OKAY, TO APPROVE. THEN I NEED TO CHANGE MY VOTE. SORRY

ABOUT THAT. >> SO A YES IS TO APPROVE AND TO

KNOW IS TO DENY. >> A TIE UNDER THE RULES IS A DENIAL, SO IT IS A DENIAL OF THE MOTION. AT THIS POINT FOR ANYBODY THAT VOTED NO, THEN IF YOU WANT TO HAVE MORE CONVERSATION YOU CAN. OTHERWISE THIS WILL BE HEARD AS AGENDA

[1. Election of Vice-Chair. The Vice-Chair position is currently vacant, and the position must be elected by the Agency. Please see the attached recommended Nomination and Voting procedures.]

ITEM A LATER TODAY. >> I THINK WE WILL HAVE ITEM 8 THIS AFTERNOON LATER ON. THE NEXT ITEM IS ITEM NUMBER ONE.

AND THAT IS FOR THE ELECTION OF A VICE CHAIR.

>> THANK YOU , MR. PIERRE. WE HAVE A VACANCY AS A VICE CHAIR , AND THE BOARD WILL NEED TO ELECT ONE SO WE CAN CONTINUE THIS

MEETING IN A PROPER FORMAT. >> THANK YOU. ARE THERE ANY PUBLIC COMMENTS FOR THE ELECTION OF A VICE CHAIR? ANYONE WHO WOULD LIKE TO SPEAK? SEEING NONE , BACK TO THE AGENCY FOR A NOMINATION FOR THE POSITION OF VICE CHAIR. MS. SPIEGEL .

>> IT IS. I WOULD LIKE TO NOMINATE DR. RICHARD HILSENBECK

TO BE VICE CHAIR OF THE PZA . >> WE HAVE DR. HELSENBECK. IS THERE A SECOND? ANY MORE NOMINATIONS? SEEING NONE, DO WE

JUST VOTE ON IT? >> YES, YOU VOTE ON IT. THE MOTION IS ON THE FLOOR, SO YOU JUST NEED TO VOTE.

>> LOOK AT THAT. >> MOTION CARRIES.

CONGRATULATIONS, DR. HILSENBECK. THE CHAIR WILL NOT TAKE A FIVE MINUTE RECESS SO WE CAN REGROUP.

[2. ZVAR 2024-33 Hastings Dunkin Donuts. ZVAR 2024-33 Hastings Dunkin Donuts, a request for a Zoning Variance seeking relief from Section 6.08.16.A to allow for an Order Box to be within 103 feet of a residentially zoned property, in lieu of the required 200 feet, and seeking relief from Section 6.06.04 to allow for a 10-foot landscaped buffer along the western boundary of the Property, in lieu of the required 20-foot buffer., specifically located at the corner of W Church Street and S Main Street.]

>> WE ARE GOING TO RECONVENE THE MEETING. WE HAVE A ZONING VARIANCE. THIS IS ITEM NUMBER TWO. ZONING VARIANCE FOR HASTINGS DUNKIN' DONUTS. I WOULD FIRST LIKE TO CALL FOR EX PARTE . ANY EX PARTE FROM THE MEMBERS?

>> IN THE AUDIENCE PLEASE TAKE YOUR CONVERSATIONS OUTSIDE PLEASE OR JUST SIT DOWN AND DON'T SPEAK. SO YOU'RE UP AT

THE PODIUM. >> YES, MR. CHAIR. I WOULD LIKE TO REPORT EX PARTE COMMUNICATION ON THIS ITEM. I HAD A CONVERSATION WITH MR. GRIPPY, WHO I BELIEVE IS THE OWNER OF THIS FRANCHISE, AND WITH ELLEN AVERY-SMITH.

[00:55:07]

>> YES, I DID DROP BY. CALL THE SITE VISIT BUT I DID DROP BY AND TALK TO MS. SMITH YESTERDAY. TALK TO THE HOMEOWNER THERE AND

TALK TO THE OWNER. >> I HAD A CONVERSATION YESTERDAY WITH MS. SMITH ABOUT THIS AND WHETHER THERE WERE ANY

ALTERNATE SITES AVAILABLE. >> I ALSO SPOKE WITH ELLEN AVERY-SMITH YESTERDAY EARLY AFTERNOON.

>> SO, WITH THAT, TURN IT OVER TO YOU.

>> THANK YOU VERY MUCH, MR. CHAIR. FOR THE RECORD, ELLEN AVERY-SMITH , AND WITH ME TODAY IS JOHN GRIFFEY, WHO IS THE LOCAL DUNKIN' DONUTS FRANCHISEE FOR ST. JOHNS COUNTY. HE ALSO WAS BORN AND RAISED IN ST. JOHN'S COUNTY AND SO HE IS LOCAL AND IS GLAD TO HAVE A THRIVING BUSINESS HERE AND INVEST IN HASTINGS SO, I WILL WOULD ALSO BE REMISS IF I DID NOT MENTION CHRISTINA EVANS, WHO WAS THE PROJECT PLANNING FOR MATTHEWS D.C. CM WHO DID AN EXCELLENT JOB PUTTING TOGETHER THIS POWERPOINT. THE SITE WE ARE TALKING ABOUT TODAY IS LITERALLY AT THE CORNER OF STATE ROAD 207 AND SOUTH MAIN STREET IN HASTINGS. THE PROPOSAL IS TO BUILD A DUNKIN' DONUTS RESTAURANT ON THIS PROPERTY. HERE IS A MORE ZOOMED OUT VERSION. HERE IS AGAIN STATE ROAD 207 OR CHURCH STREET IN HASTINGS ARE HERE IS MAIN STREET AND HASTINGS. HERE IS THE SUBWAY RESTAURANT, CIRCLE K, THE PARK YEAR. HERE'S THE DOMINO'S PIZZA. I WILL CALL IT DOLLAR GENERAL DOMINOES AND WHETHER COMMERCIAL THAT IS IN THAT AREA. THIS PROPERTY, JUST BY WAY OF EXPLANATION, IS OWNED BY A GENTLEMAN NAMED MR. THE FORD .

HE OWNS THIS PROPERTY HERE WHICH WILL BE IMPORTANT AS WE HAVE THIS DISCUSSION AND MR. GRIFFEY IS THE PURCHASE OF THE PROPERTY FOR MR. DEFORD. THE PROPERTY HAS A FUTURE LAND USE DESIGNATION OF INTENSIVE COMMERCIAL AND THE ZONING OF COMMERCIAL INTENSIVE WHICH ALLOWS A RESTAURANT WITH THE DRIVE-THROUGH AS A MATTER F RIGHT. SO YOU SAY WELL, WHY ARE WE HERE TODAY. WELL, WE ARE HERE BECAUSE THIS PROPERTY IS, AS YOU CAN TELL, IT IS LONG AND THIN AND SO IN ORDER TO HAVE -- TO PROVIDE ACCESS HIM, BECAUSE WE HAD TO WRANGLE AROUND WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACTUALLY GET A RIGHT INTO THE SITE AND BLOW THROUGH TO WEST VIVIAN, THERE NEEDS TO BE A ZONING VARIANCE.

THE PROPERTY ITSELF, THERE IS NOWHERE ON THIS ENTIRE SITE THAT IS LOCATED MORE THAN 200 FEET AWAY FROM RESIDENTIALLY ZONED PROPERTY. I MENTIONED TO YOU, MR. DEFORD, WHO IS THE CONTRACT SELLER OWNS THIS PROPERTY AND ANOTHER LADY OWNS THIS PROPERTY.

WEST VIVIAN DRIVE IS AN OPEN RIGHT-OF-WAY USED BY THE NEIGHBORHOOD TO THE SOUTH AND WEST AND A SECOND REQUEST FOR A ZONING VARIANCE AS BUFFERS BETWEEN INCOMPATIBLE USES RELATED TO THE RESIDENTIALLY ZONED PROPERTY HERE AND HERE AND SO WE WILL TALK ABOUT THOSE DETAILS. I KNOW MS. O'HARA FROM HASTINGS MAINSTREET IS HERE, SO I WANT TO TALK A LITTLE BIT ABOUT THE HASTINGS MAINSTREET. HASTINGS HAS AN OVERLAY DISTRICT. IT DOES NOT INCLUDE ARCHITECTURAL REVIEW POWERS BUT MR. GRIFFEY WORKED HAND-IN-HAND WITH THE HASTINGS MAINSTREET PEOPLE EVEN GETTING THEM ON THE PHONE WITH THE DUNKIN' DONUTS CORPORATE PEOPLE TO DESIGN THIS BUILDING BECAUSE IT IS NOT A TYPICAL DUNKIN' DONUTS LOOKING RESTAURANT. THEY ARE BUILDING.

THEY ADDED THINGS LIKE THE BRICK FACADE IN DIFFERENT COLORS AND MATERIALS ON THE SIDING. THEY DO NEED TO KEEP THE ORANGE OUTINGS BECAUSE THAT IS DUNKIN'S CORPORATE COLOR AND OBVIOUSLY THE DOCTOR BLOWOUT -- DUNKIN LOGO BUT EVERYTHING ELSE HAS BEEN CUSTOMIZED IN CONJUNCTION WITH THE HASTINGS MAINSTREET GROUP. YOU CAN SEE THE SOUTH ELEVATION. HERE IS THE WEST ELEVATION WITH THE DUNKIN LOGO AND THE AWNING AND IN THE EAST ELEVATION SO TRYING TO FIT IN THE HASTINGS COMMUNITY AND THE LOOK THERE TRYING TO HAVE FOR THEIR MAINSTREET. WITH RESPECT TO THE VARIANCE REQUEST HERE IS STATE ROAD 207. LITERALLY YOU CAN ONLY MAKE A RIGHT AND IF YOU ARE COMING EASTBOUND 207 . IF YOU'RE COMING INTO THE SITE THE D.O.T. WOULD NOT ALLOW HER RIGHT

[01:00:01]

OUT BECAUSE THE DISCS ARE TOO CLOSE TO THE INTERSECTION SO THE DAYS -- DESIGN AS YOU COME IN AND THE DRIVE-THROUGH IS HERE AND THE ORDER BOXES DOWN HERE SO THIS ORDER BOXES 103 FEET FROM THIS RESIDENTIAL PROPERTY LINE AND THEN 112 FEET FROM THIS RESIDENTIAL PROPERTY LINE. BECAUSE THE CODE REQUIRES MEASUREMENT TO THE PROPERTY LINE NOT TO THE ACTUAL HOMELAND SO THAT IS THE FIRST VARIANCE REQUEST, JUST TO ALLOW THIS ORDER BOX TO BE LOCATED IN THIS AREA. THE ORDER BOX IS DESIGNED TO BE LOW-VOLUME. THEY ARE NOT THE SQUAWK BOX IS LIKE WE WERE USED TO IN THE OLD DAYS. THEY ARE DESIGNED TO HAVE LOW-VOLUME . THEY ARE SITUATED LOWER SO THE SOUND GOES RIGHT TO THE CAR AND NOT BOUNCING AROUND THE COMMUNITY, IF YOU WILL. AGAIN, THE ORDER BOX DOES NOT PROJECT SOUND MORE THAN 30 FEET AND WE WILL TALK ABOUT IN A MINUTE THAT THERE WILL BE ENHANCED LANDSCAPING PROVIDED IN THESE BUFFERS THAT ARE SHOWN ON THE PLAN AS WELL AS OFFENSE. SO, THE ENHANCED SOUTHERN BUFFER WILL BE 10 FEET WIDE IN LIEU OF THESE BUFFERS SO THERE WILL BE A SIX-FOOT SOLID FENCE AND RIGHT NOW IT'S PROPOSED TO BE INAUDIBLE ] BUT WE CAN TALK ABOUT THAT. THE ROLE OF EVERGREEN TREES AGAIN I WON'T READ IT TO YOU. YOU CAN READ, BUT THIS IS THE PROPOSED YOU KNOW CANOPY, ON CANOPY TREES, SPACE NOT MORE THAN 20 FEET APART. THE ORNAMENTAL SHRUBS AND GRASSES, ALL OF THIS WAS WORKED THROUGH FOR THE ENHANCED LANDSCAPING WITH THE HASTINGS MAINSTREET FOLKS AND SO AGAIN THIS IS MORE LANDSCAPING THAT IS REQUIRED BY CODE BUT MR. GRIFFEY HAS AGREED TO DO THIS ENHANCED LANDSCAPING TO BE A GOOD NEIGHBOR. AND THEN AGAIN THIS COMPATIBILITY BUFFER ON THE WEST SIDE AGAIN IT WILL BE 20 FEET WIDE . IT WILL INCLUDE THE SIX FOOT FENCE AND THE SAME KINDS OF PLANTINGS. AGAIN, ENHANCED LANDSCAPING ON THAT SIDE . IT IS PROPOSED TO BE REDUCED TO 10 FEET. I APOLOGIZE FOR RESTATING THAT, THEN PROVIDING NON-CANOPY TREES INSTEAD OF CANOPY TREES JUST FOR VISIBILITY SAKE AND AESTHETICS. AND AGAIN IN CONJUNCTION WITH THE PEOPLE AT THE HASTINGS MAINSTREET BOARD SO I KNOW THE LEGAL TEST FOR A ZONING VARIANCE IS THERE IS NOT A SELF-IMPOSED HARDSHIP AND SO THAT IS WHY I MENTIONED TO YOU THAT THIS IS A LONG, NARROW PIECE OF PROPERTY. IT IS ADJACENT TO TWO RESIDENTIALLY ZONED PROPERTIES. THERE IS NO LOCATION ON THIS PROPERTY THAT IS OUTSIDE OF THAT 200 FOOT RANGE FROM THESE PROPERTIES, AND THIS IS INTENSIVE COMMERCIAL LAND-USE PROPERTY AND COMMERCIAL INTENSIVE ZONED PROPERTY SO IT WAS INTENDED TO BE A COMMERCIAL USE. BY WAY OF FACT THE COUNTY COMMISSION DID APPROVE THE VACATION OF THIS RIGHT-OF-WAY THE OTHER DAY ON TUESDAYSO THIS ALLEYWAY NOW WILL BE SPLIT IN HALF, IF YOU WILL, FOR OWNERSHIP ON THE SIDE BY THIS PARCEL THEN ON THE WEST SIDE BY THE ADJACENT PARCELS TO THE WEST. WITH THAT, I WILL ANSWER WHATEVER QUESTIONS YOUR BOARD MAY HAVE AND MR. GRIFFEY IS HERE, TOO, IN CASE

YOU HAVE ANY QUESTIONS OF HIM. >> ANY MEMBER HAVE ANY QUESTIONS? OR COMMENTS? MR. LABANOWSKI.

>> GOT IT. IS THERE A MONUMENT THAT IS GOING TO BE PUT IN ON THE PROPERTY AT ALL? MONUMENT SIGN?

>> YES, I MEAN DUNKIN' DONUTS WILL HAVE TO HAVE SIGNAGE.

>> CURIOUS. I'M LOOKING AT THE LAYOUT AND I DON'T SEE NOTING

OF ANY TYPE OF MONUMENTS. >> YES.

>> IS THERE ANY CHANCE OF ANY KIND OF CANOPY TREES GOING IN, AND A COUPLE SPOTS ON THAT PROPERTY?

>> IT IS MY UNDERSTANDING, NEITHER CHRISTINA OR JOHN WILL HAVE TO LET ME KNOW, AND IT IS MY UNDERSTANDING THAT THE NON-CANOPY TREES ARE WHAT WORK REQUESTED BY THE MAINSTREET.

CHRISTINA, DO YOU KNOW MORE? >> CHRISTINA EVANS WITH MATTHEWS DCCM. THE NON-CANOPY TREES ARE WHAT WERE RECOMMENDED BY OUR LANDSCAPE ARCHITECT BECAUSE OF THE PROXIMITY TO THE FENCE IN THE PARKING AREA. THE NON-CANOPY TREES HAVE A SMALLER ROOT SYSTEM THAT WILL INTERFERE WITH THE VEHICULAR USE AREA.

>> ONE LAST QUESTION IN REGARDS O THE FENCE.IS IT POSSIBLE TO

[01:05:02]

HAVE A DIFFERENT TYPE OF MATERIAL OTHER THAN A WOODEN

FENCE THERE? >> JOHN SAYS YES. WE HAVE TO SAY IT ON THE RECORD SO ARE YOU AGREEING TO A VINYL FENCE? YES.

>> MS. SPIEGEL. >> SORRY. YES, MY ONLY CONCERN WAS THE PARKING RIGHT NEXT TO THAT RESIDENTIAL LOT AND I DO UNDERSTAND THERE IS NOT A PERSON LIVING THERE RIGHT NOW BUT THAT IS STILL ZONED RESIDENTIAL AND THAT IS THE ONLY PLACE EVIDENTLY THE PARKING COULD BE AND THAT WAS THE CONVERSATION I HAD WITH MR. GRIFFEY WAS IF YOU COULD KIND OF SCOOP THE BUILDING OVER AND PARK IN THE FRONT DUE TO THE ROAD CONSTRAINTS. THIS WAS THE ONLY PLACE THAT THE PARKING COULD BE, SO I'M JUST WONDERING ABOUT SHRUBS OR SOMETHING JUST TO -- I DON'T KNOW. I KNOW THERE IS GOING TO BE OFFENSE THERE BUT I'M JUST CONCERNED THAT IT'S RIGHT NEXT TO RESIDENTIAL, AND YOU ARE DECREASING THE AMOUNT OF THE BUFFER THERE SO JUST UP THE ROAD I DON'T WANT THERE TO BE A PROBLEM WITH PEOPLE GET DONUTS EARLY IN THE MORNING. THERE CAR HEADLIGHTS ARE STILL ON SO THAT IS REALLY THE ONLY CONCERN I HAVE ABOUT THIS. I UNDERSTAND ÚTHE BOX AND I UNDERSTAND THAT TECHNOLOGY HAS CHANGED, AND I'M SURE THAT YOU HAVE MADE EVERY EFFORT TO MAKE SURE THAT IS NOT A PROBLEM FOR THE RESIDENTIAL ZONING BUT THAT IS MY ONLY CONCERN IS JUST SOMEHOW TO MITIGATE THE FACT THAT THOSE CARS WILL BE PARKED IN PULLING IN WITH THEIR HEADLIGHTS ON IN THE MORNING RIGHT NEXT TO RESIDENTIAL .

>> IT IS AND JUST BY WAY OF EXPLANATION ON THAT, MATTHEWS DESIGNED TO THE GREAT JOB OF TRYING TO FINAGLE F D.O.T. INTO ALLOWING A DIFFERENT CONFIGURATION BUT UNFORTUNATELY BECAUSE THIS DRIVEWAY IS SO CLOSE TO THE INTERSECTION THEY WILL ONLY ALLOW A RIGHT AND, WHICH MEANS TRAFFIC IS GOING TO GO THIS WAY REGARDLESS. 207 IS A D.O.T. ROAD SO THERE'S NOTHING WE CAN DO ABOUT THAT, AND IT IS A LONG, NARROW PIECE OF PROPERTY BUT THERE AGAIN AS MS. EVANS TOLD YOU, THERE IS GOING TO BE OFFENSE THAT WILL BE SIX FEET TALL WITHIN THE BUFFERS ON THIS AREA, SO THAT SHOULD BLOCK HEADLIGHTS AND THEN THERE WILL BE LANDSCAPING ON THE INSIDE, MEANING THE DUNKIN' DONUTS SIDE OF THAT FENCE AS WELL AS ON THE OUTSIDE AND THE DETAILS OF THAT ARE IN THE NARRATIVE THAT IS IN YOUR AGENDA PACKAGE AND IT TALKS ABOUT -- SORRY, LET ME GET THIS. IT DOES GIVE YOU THE DETAILS OF NON-CANOPY EVERGREEN TREES NOT LESS THAN 10 FEET TALL AT THE TIME OF PLANTING, AND SPACE NOT MORE THAN 20 FEET APART OF THE INTERIOR SIDE OF THE FENCE THAT SAYS ORNAMENTAL GRASSES AND SHRUBS, A MINIMUM OF 18 INCHES IN HEIGHT AT THE TIME OF PLANTING SPACE 36 INCHES ON CENTER WILL BE PLANTED ON THE

EXTERIOR SIDE OF THE FENCE. >> OKAY, I AM STILL NOT SEEING HOW THAT IS GOING TO BLOCK HEADLIGHTS BUT I GUESS THE FENCE

WILL BE SOMETHING, SO. >> THAT IS WHY I POINTED OUT , THE TRAN23S ON THIS PROPERTY AND THEY ARE AWARE OF THIS. THEY HAD TO SIGN THE APPLICATION IS THE OWNER, SIGN AN OWNER OF'S AUTHORIZATION SO THEY KNOW THE CONFIGURATION OF THE SITE AND THEY WERE OKAY WITH THAT AS IT AFFECTS THE ADJACENT PROPERTY.

>> MY CONCERN IS A FUTURE OWNER IF THEY DECIDE TO GO IN AND BUILD A HOUSE THERE. I GUESS THEY MAYBE ONE AND PUT WINDOWS

ON THAT SIDE OF THE HOUSE. >> HOPEFULLY BY THE END OF THIS YEAR WE WILL HAVE A DUNKIN' DONUTS OPERATING IN HASTING THEN

THEY WILL BE ON NOTICE. >> THERE WE GO.

>> ANY OTHER AGENCY MEMBERS HAVE ANY QUESTIONS? I HAVE ONE COMMENT. WHEN I SPOKE TO ELLEN AVERY-SMITH YESTERDAY INAUDIBLE ] SO I'M HAPPY IT'S GOING IN. IT'S A GOOD LOCATION.

ANYONE FOR PUBLIC COMMENT ON ITEM NUMBER TWO? MR. HUNT .

>> IT IS. GOOD AFTERNOON. CHARLIE HUNT, MILL CREEK ESTATES. WHEN THE GREAT INTENTION OF FOCUSING ON HASTINGS ' SMALL-TOWN ENVIRONMENT COMES TO THE POINT WHERE DOWN THE ACTUAL MAINSTREET , HAS ANYBODY BEEN TO HASTINGS COFFEE COMPANY? HAS ANYBODY BEEN TO THE BAKERY NEXT DOOR? NO? WHO CARES. WE WANT A BIG MEGA CORPORATION ON THE CORNER. IF THE BASIC PRINCIPLE OF HASTINGS MAINSTREET IS TO GET SMALL

[01:10:06]

BUSINESSES, LOCAL BUSINESSES BY LOCAL PEOPLE TO WORK ON THAT SMALL AREA TO GET A LITTLE BIT BETTER FEELING OF THE SMALL TOWN EVEN THOUGH IT IS NOT A TOWN ANYMORE BECAUSE WHAT, 2018 OR SO THEY HAD TO GIVE UP THEIR TOWNSHIP ALL RIGHT , SO AND THIS LOCATION, THAT IS A PLACE, YES, BECAUSE I HAVE A HIGH REVENUE TURNOVER TO SUPPORT A PLACE LIKE THAT. ALL THE ELECTRICITY AND ALL THE SUPPLIES AND EVERYTHING THEY NEED TO HAVE, THEY WILL NEED A HIGH TURNOVER FOR THAT. WILL IT LOOK PRETTY? YES. DOES IT REALLY MATTER IF A MEGA CORPORATION PUTS BRAKES ON THE OUTSIDE OF THE BUILDING TO MAKE IT MORE HISTORIC? NO, IT DOESN'T MATTER. IF YOU ALL SUPPORT THE ACTUAL TRUE MEANING THIS IS OFF THE WEBSITE. WE BELIEVE IN THE POWER OF OUR LOCAL BUSINESSES, THE BEAUTY OF OUR HERITAGE AND THE STRENGTH OF OUR COMMUNITY SO PLEASE BRING IN DUNKIN' DONUTS TO SUCK THE LIFE OUT OF WHAT IS GOING ON DOWN THE STREET THERE. SO, LOOK AT IT IN THE BIG PERCENT OR THE BIG PICTURE. YES, THAT SUBWAY WAS THERE FOR 20 SOME ODD YEARS. THAT IS WHEN THEY WERE NOT REALLY DOING BUSINESS. THEY'RE STRUGGLING TO STAY IN. THE GAS STATION. GOT IT. THE LITTLE SHOP ON THE CORNER THERE. THAT HAS BEEN NUMEROUS DIFFERENT PLACES OR EXCUSE ME, BUSINESSES AND THERE BUT LADIES AND GENTLEMEN, IF THIS IS THE FACADE OF A MAINSTREET SMALL-TOWN SMALL ENVIRONMENT , WE NEED TO BRING IN THIS MEGA CORPORATION TO PUT ON THE CORNER TO DRAW EVERYTHING FROM THOSE TWO LITTLE SHOPS DOWN THE STREET BECAUSE THE SHOPS ARE NOT PAYING ENOUGH TO REVEAL THE -- REVITALIZE THE TOWN.

INAUDIBLE ] AND YOU HAVE A GOOD DAY.

>> SALLY O'HARA. I'M THE EXECUTIVE DIRECTOR OF HASTINGS MAINSTREET AND WE, TOO, HAVE CONCERNS ABOUT MEGACORPORATIONS COMING TO OUR NEWLY FORMED MAINSTREET DISTRICT THAT IS NOW TWO YEARS OLD AND WHAT WE ARE STRIVING TO DO IS TO MARRY HISTORIC PRESERVATION WITH ECONOMIC REDEVELOPMENT IN A LOGICAL, SMART MANNER . WITH THAT SAID, WE ARE CURRENTLY WORKING ON THE OVERLAY DISTRICT TO PUT SOME HISTORICAL PERSPECTIVES IN THE CODE AS WELL AS SIGNAGE REGULATIONS AND OTHER THINGS THAT ARE ALLOWED WITHIN REASON. WHAT WE WANT TO DO IS TO RECOGNIZE PROPERTY OWNERS HAVE RIGHTS, TOO, AND WE HAVE A COMMUNITY THAT WE WANT TO INVEST IN, GROW, AND DEVELOP IN A REASONABLE, THOUGHTFUL MANNER AND THAT IS THE INTENT OF THE HASTINGS MAINSTREET GROUP AND WE THANK THE COUNTY FOR REFERRING MR. GRIFFEY TO US TO DISCUSS SOME OF THESE ENHANCED, MORE COSTLY FEATURES FOR OUR MAINSTREET. THERE ARE SOME THINGS AT THE CORPORATE LEVEL THEY CANNOT DO AND WE RECOGNIZE THAT. THEREFORE, THE COMPROMISES WELL APPRECIATED. HE WILL BE AN ADDED VALUE TO THE COMMUNITY. HE IS A LONGTIME RESIDENT OF ST.

JOHNS COUNTY. HE HAS GOT ROOTS HERE AND HE HAS GOT A VESTED FINANCIAL CONCERN ALL OVER THE COUNTY TO MAKE US THRIVE AND HIM THRIVE, TOO. WHAT WE WANT IS MORE JOBS IN HASTINGS, MORE BUILDINGS AND GOOD, SMART GROWTH SO WITHIN THE MAINSTREET FRAMEWORK, HE MATCHES ALL THE CHECKBOXES . WE ARE GOING TO GET THE NEW FTC CENTER, A REDESIGNED WILKIE PARK ON NORTH MAIN. WE ARE DOING AS MUCH AS WE CAN TO HELP THE SMALL MOM-AND-POP ORGANIZATIONS THRIVE AND THAT IS OUR FUNCTION AS A MAINSTREET

GROUP. >> OKAY. ANYONE ELSE FOR PUBLIC COMMENT? I SEE ELLEN AVERY-SMITH IS COMING FORWARD FOR SOME

REBUTTAL. FURTHER,? >> I WANT TO THANK MS. O'HARA

[01:15:10]

FOR HER COMMENT. I ALSO WANT TO POINT OUT THAT MR. GRIFFEY, WHO DOES LIVE LOCALLY AND WHO WAS BORN AND RAISED HERE, IS INVESTING MORE THAN $3 MILLION IN HASTINGS. BY THE WAY, IF YOU LOOK AT THIS RESTAURANT YOU CAN SEE THERE IS NOT A LOT OF INSIDE SPACE. THIS IS NOT A RESTAURANT THAT IS DESIGNED TO HANG OUT IN WITH YOUR FRIENDS ON YOUR LAPTOPS AND HAVE MEETINGS. IT IS FOR PEOPLE WHO ARE COMMUTING FROM PUTNAM COUNTY BECAUSE PEOPLE GO BY THERE EVERY DAY SO WE DON'T FEEL LIKE IT IS TRUE COMPETITION TO THE COFFEE COMPANY DOWN THE STREET. THEY ARE A TOTALLY DIFFERENT TYPE OF VENUE, SO THANK YOU.

>> THANK YOU. WE ARE BACK IN THE AGENCY FOR EMOTION.

>> I WOULD LIKE TO MAKE A MOTION, SIR. I WOULD LIKE TO MOVE TO APPROVE ZONING VARIANCE 2024-33, HASTINGS DUNKIN' DONUTS, BASED UPON FIVE FINDINGS OF FACT AND SEVEN CONDITIONS AS

PROVIDED IN THE STAFF REPORT. >> WE HAVE A MOTION FOR APPROVAL. DO WE HAVE A SECOND? MR. LABANOWSKI.

>> SECOND. >> ANY DISCUSSION? MR.

LABANOWSKI. >> THE ONLY THING I WOULD LOVE TO SEE IS A LOW-PROFILE SIGN OUT ON THE HIGHWAY THERE, IF AT ALL POSSIBLE. I'M THINKING JUST LOW-PROFILE. I KNOW WE GOT TO HAVE THE SIGNAGE OUT THERE TO DRAW THE PEOPLE IN BUT I THINK

THAT WOULD HELP. >> ANYONE ELSE? THAT SAID, LET'S VOTE. THAT MOTION PASSES UNANIMOUSLY 6-0. THANK YOU. ALL

[3. ZVAR 2024-35 6947 Middleton Avenue. The applicant is requesting a Zoning Variance to Section 6.01.03.E.3 of the Land Development Code to allow for a second Front Yard setback of ten (10) feet in lieu of the required fifteen (15) feet to accommodate the placement of a detached pergola, located in the Residential, Single-Family (RS-2) zoning district, located at 6947 Middleton Ave.]

RIGHT, OUR NEXT ITEM IS ITEM NUMBER THREE , A REQUEST FOR A ZONING VARIANCE TO ALLOW FOR A SECOND FRONT YARD SETBACK RIGHT OFF OF MIDDLETON AVENUE. MR. LABANOWSKI WOULD LIKE TO SAY

SOMETHING. >> JUST A QUICK COMMENT. MR. GRIFFEY HAS AGREED TO PUT A NOT LOW-PROFILE. I JUST WANTED THAT

ON THE RECORD. >> OKAY. AND PRIOR TO YOU SPEAKING, I NEED TO ASK FOR EX PARTE FROM THE MEMBERS.

>> YES. I DID DO A SITE VISIT AND I HAD A CONVERSATION WITH KAMLI HOWARD, WHO IS THE APPLICANT.

>> I SPOKE WITH A NEARBY RESIDENT, PAT HAMILTON, EARLIER TODAY SO I COULD ASK HIS OPINION ON THIS SINCE HE LIVES RIGHT

THERE ON CHARLES STREET. >> GOOD AFTERNOON. MY NAME IS KAMLI HOWARD. I AM AN OWNER WITH MY HUSBAND OF THE SUBJECT PROPERTY AND THE REPRESENTATIVE FOR OUR VARIANCE REQUEST TODAY.

I'M HERE TODAY SEEKING A VARIANCE TO ALLOW FOR A SECOND FRONT YARD SETBACK OF 10 FEET INSTEAD OF THE REQUIRED 15 FEET TO ACCOMMODATE THE PLACEMENT OF A DETACHED PERGOLA ON OUR PROPERTY 6947 MIDDLETON AVENUE. HERE IS A PICTURE DEPICTING OUR INSPIRATION FOR THE DESIGN OF THE PERGOLA IT WOULD BE 10 BY 10 INSIDE, SIX TO EIGHT FEET IN HEIGHT. IT WOULD NOT BE EXACTLY LIKE THIS BUT IN GENERAL YOU GET AN IDEAL OF WHAT IS GOING TO BE LIKE. OPEN ON ALL SIDES EXCEPT THE BACK, THE MIDDLE PART WOULD BE SOLID WITH EITHER SIDE OF IT BEING SOMEWHERE TO LIKE A PLANTATION SHUTTERS SO WE HAVE THE OPTION FOR AIRFLOW WHILE MAINTAINING PRIVACY. TWO POLES AT THE FRONT SUPPORTING A SLANTED ROOF. THE PERGOLA WOULD BE LOCATED ON A PAVER AREA ALREADY ON THE PROPERTY AS YOU CAN SEE HERE, SO LOT COVERAGE IS NOT CHANGING. THE PAVERS THERE THAT YOU SEE START 10 FEET FROM THE PROPERTY LINE TO THE SOUTH ON THE BACK OF THE PERGOLA WOULD BE POSITIONED RIGHT AT THE EDGE OF THE PAVERS SO EXACTLY 10 FEET. HERE IS THE SITE PLAN SHOWING EXACTLY WHAT WAS DESCRIBED, PLACEMET OF THE PERGOLA , 10 BY 10, EIGHT FEET IN HEIGHT. 10 FEET FROM THE PROPERTY LINE AND FIVE FEET FROM THE HOUSE. SO, WHERE THE PERGOLA WILL BE, IT'S GOING TO BE PLACED IN AN ENCLOSED FENCES YOU CAN SEE PICTURED HERE. IT WILL NOT ALTER THE VISUAL CHARACTER OF THE NEIGHBORHOOD IS GOING TO MIRROR THE AESTHETICS OF THE HOUSE SO IT WILL BE THE SAME PAINT COLOR, SAME SIDING, SAME METAL ROOFING MATERIAL AND YOU WON'T BE ABLE TO SEE TOO MUCH OF IT FROM THE ROAD, AS YOU CAN

[01:20:01]

SEE ON THE FAR RIGHT PICTURE THERE. IT WILL BE PART OF THE HOUSE. HARDSHIPS FOR OUR VARIANCE. THE FIRST IS THAT IT IS AN UNCONVENTIONAL CORNER LOT WITH TWO FRONT YARD SETBACKS WHICH SIGNIFICANTLY RESTRICTS THE USABLE AREA OF THE LOT. THE PERGOLA DOES MEET ALL SETBACK REQUIREMENTS EXCEPT FOR THE SECOND FRONT YARD ON THE SOUTH SIDE THAT I'M SEEKING A VARIANCE FOR. IF THE LOT WERE NOT A CORNER LOT OR IF IT WERE A CONFORMING SIZE OF VARIANCE WOULD NOT BE NEEDED. WE DO HAVE PRIVACY CHALLENGES. THE ELEVATED HOME WE WERE REQUIRED TO BUILD.

THE COUNTY EXPOSES OUR BACKYARD TO NEIGHBORS. IT IS ON THE INTERSECTION OF MIDDLETON AVENUE AND GRACIE STREET. MIDDLETON AVENUE IS A MAIN ROAD AND THAT NEIGHBORHOOD SO IT IS FREQUENTED BY BIKES, TRAFFIC, SO FORTH AND THEN GRACIE STREET, THAT IS THE ONLY OUTLET FOR GRACIE TREET IN CHARLES STREET SO WE HAVE PEOPLE GOING BY ALL THE TIME. THE PERGOLA WOULD ABSOLUTELY ENHANCE OUR PRIVACY IN THE USABILITY OF OUR BACKYARD. FURTHERMORE, THE UNCONVENTIONAL CONFIGURATION SETBACK REQUIREMENTS REDUCE OUR OPTIONS. WE DO HAVE A BACK PORCH BUT IT JUST IS UNDER FOUR FEET, WHICH IS WAY TOO SMALL FOR FUNCTIONAL USE. IT ALSO GETS BLASTED BY THE AFTERNOON SON AND WE HAVE ZERO PRIVACY FROM THAT AS WELL. THE PERGOLA WOULD PROVIDE A NEEDED COVERED AREA FOR RELAXATION. THEY CANNOT OTHERWISE BE ACHIEVED WITHIN CURRENT SETBACKS. AS YOU CAN SEE, OR NEIGHBORS SEE THE ENTIRETY OF OUR BACKYARD SPACE. THE PICTURE ON THE LEFT IS FROM THE BACK END OF THE POOL THAT CAN BE SEEN ALL THE WAY THROUGH.

ON THE RIGHT IS EXACTLY WHERE THE PERGOLA WOULD BE. YOU CAN SEE HERE THAT THE NEIGHBORS ACROSS THE STREET AND GRACIE STREET SEE RIGHT INTO OUR BACKYARD. OR SO THE TWO-STORY BUILDING THERE WHICH IS ACTUALLY A DUPLEX. IT IS OCCUPIED BY TENANTS ON A FULL-TIME BASIS, THAT LITTLE -- THAT'S RIGHT HERE, THIS LITTLE DECK IS THE ONLY OUTDOOR SPACE FOR THOSE TENANTS SO THEY ARE OUT THERE OFTEN. THEY ARE SMOKERS. LOVELY PEOPLE BUT THEY ARE OUT THERE ALL THE TIME AND SEE RIGHT INTO OUR BACKYARD SO IF THE PERGOLA WAS WHERE IT'S GOING TO BE IN LIGHT OF THESE PAVERS, THIS WHOLE AREA WOULD BE BLOCKS. OF COURSE THEY WOULD STILL BE ABLE TO SEE INTO OUR BACKYARD AT LEAST IF WE ARE IN UNDERNEATH THE PERGOLA OR IN THE POOL DIRECTLY IN FRONT OF IT WE WOULD HAVE A LITTLE BIT OF PRIVACY WHICH WE JUST DON'T HAVE CURRENTLY. HERE ARE MORE PICTURES SHOWING THE PRIVACY ISSUE THAT IS EVEN WORSE FROM OUR BACK PORCH BECAUSE IT IS EVEN HIGHER AND LIKE I SAID , WE WALK OUT OUR FRONT DOOR THERE IS PEOPLE. WE WALK OUT OUR BACK DOOR THERE IS PEOPLE AND WE JUST WANT TO ENJOY A LITTLE BIT OF PRIVACY. DUE TO THE CONSTRAINTS OF THE LOT AND PLACEMENT OF THE POOL, WE HAVE CONSIDERED OTHER OPTIONS FOR THE LOCATION OF THE PERGOLA BUT IT IS JUST NOT FEASIBLE. AS YOU CAN SEE HERE TO THE TWO PICTURES ON THE RIGHT , THESE TWO PICTURES HERE AT THE NORTH SIDE THERE'S JUST NOT ENOUGH SPACE AND THEN MOVING THE PERGOLA CLOSER TO THE POOL HERE TO SATISFY THE 15-FOOT SETBACK REQUIREMENT WOULD INTERFERE WITH INGRESS AND EGRESS FROM THE BACK PORCH, INTERFERING WITH THE POOL ACCESS. THE BACK PORCH GOES HERE IN THE PERGOLA PULSE WOULD BE PUSHED FORWARD AND YOU WOULD BE RUNNING INTO THE PERGOLA. POSITIONING THE PERGOLA ALONG THE WEST SIDE OF THE PROPERTY SO THAT THE BACK OF IT IS TO THE WEST FACING EAST WE STILL HAVE THE HARDSHIPS. WE HAVE PRIVACY STILL AN ISSUE. ALL THE NEIGHBORS CAN STILL LOOK INTO OUR YARD AND ALSO, THE SUN. WE HAVE NO REPRIEVE FROM THAT AS IT MOVES EAST TO WEST UNTIL IT IS PRETTY MUCH SETTING BEHIND US ON THE WEST AND OUR BACK PORCH AS YOU CAN SEE HERE ON THE FAR LEFT PICTURE IS VERY SMALL. IT CAN ONLY ACCOMMODATE A SMALL CHAIR BARELY AND THE SIDE TABLE AND THEN AGAIN IT IS GETTING BLASTED BY THE SUN. THAT PICTURE WAS TAKEN AT 1:30 IN THE AFTERNOON SO IT'S GOING TO BE REALLY BAD HERE IN THE SUMMER. IT WOULD BE NICE TO HAVE SOME SHADE IN OUR BACKYARD SPACE. OPPOSITION. WE ARE NOT SURPRISED THAT WE'VE RECEIVED OPPOSITION TO THIS ZONING REQUEST. SINCE THE DAY WE'VE CLEARED THE LOT WE'VE BEEN ON THE RECEIVING END OF A LOT OF HOSTILITY AND NEGATIVITY BOTH DURING THE CONSTRUCTION OF HER HOME AND AFTER, AS YOU CAN SEE HERE. ONE OF THESE LOVE FIRST OF MANY NOTES LEFT OF OUR PROPERTY. THIS WAS THE FIRST ONE LEFT ON THE FIRST DAY WE CLEARED THE YET -- LOT SINCE THEN WE'VE BEEN CURSED AT AND YELLED AT ALL

[01:25:02]

FOR CLEARING A LOT WE HAD THE RIGHT TO DO MOSTLY FROM RESIDENTS IN THE AREA THAT JUST AREN'T KEEN ON CHANGE. THEY'VE LIVED THERE A LONG TIME AND ARE KIND OF OVER ALL OF THE CONSTRUCTION IN THE AREA, WHICH I GET, BUT NOT OUR FAULT. ALL WE WANT TO DO IS PEACEFULLY ENJOY OUR PROPERTY THAT WE'VE WORKED HARD FOR WITH JUST A LITTLE BIT OF PRIVACY AND SOLITUDE. I HOPE IS THAT THE BOARD WILL CONSIDER OUR HARDSHIPS ON THE FACT THAT THEY'RE NOT SELF-IMPOSED AND NOT JUST THE PERSONAL GRIEVANCES OF SOME OF OUR NEIGHBORS. WITH THAT SAID I'M GOING TO ADDRESS THE REASONS WHY YOU SHOULD OPPOSE, AT LEAST THE ONES I AM AWARE OF TO DATE. THE FIRST IS THAT THE PERGOLA WILL BE TOO CLOSE TO GRACIE STREET WHICH IS ALREADY NEAR A ROAD. THE PERGOLA IS NOT GOING TO HAVE ANY IMPACT ON GRACIE STREET WHATSOEVER.

THERE IS 14 FEET BETWEEN THE ROAD AND OUR FENCE AND AN ADDITIONAL 10 FEET BETWEEN THE FENCE AND WHERE THE PERGOLA WILL BE. YOU CAN SEE TO THE RIGHT OR THE PICTURE ON THE LEFT RATHER IS WHERE -- IS GRACIE STREET SHOWING THE SPACE BETWEEN GRACIE STREET IN THE FENCE AND IN THE PICTURE ON THE RIGHT SHOWS THE SPACE BETWEEN OUR FENCE AND WHERE THE PERGOLA WILL BE. THERE ARE MORE PICTURES OF GRACIE STREET SHOWING ON THE LEFT IS WHERE IT INTERSECTS WITH MIDDLETON AVENUE. OUR PROPERTY IS ON THE RIGHT THERE AND THEN ON THE BACK END OF GRACIE STREET TOWARD THE BACK END OF OUR PROPERTY WHERE IT INTERSECTS WITH CHARLES STREET, JUST TO GIVE YOU A BETTER IDEA OF THE AREA. AS YOU CAN SEE, WE HAVE ALLOTTED A LOT OF SPACE BETWEEN OUR PROPERTY AND GRACIE STREET, MORE SO THAN THE PROPERTIES ON THE OTHER SIDE OF GRACIE STREET WHICH HAVE STRUCTURES AND FENCES PRETTY MUCH RIGHT UP TO IT. THE NEXT REASON IS THAT THE PERGOLA WOULD EXACERBATE FLOODING IN THE AREA. WE BUILT THE HOME WITH WHAT THE COUNTY REQUIRED OF US INCLUDING PROPER DRAINAGE. I DON'T KNOW HOW A PERGOLA WOULD CHANGE THAT OR AFFECT THE FLOODING. IT HAS NO BEARING ON THE FLOODING NOR DOES HER HOME.

THE FLOODING ISSUES IN THE AREA WERE PRESENT FOR LONG BEFORE WE CLEARED THAT LOT. THE PERGOLA WILL NOT HAVE ANY ADVERSE IMPACT ON OUR NEIGHBORS IN TERMS OF FLOODING OR OTHERWISE AND I HAVE NOT SEEN OR RECEIVED ANY SORT OF EVIDENCE TO PROVE OTHERWISE. THE THIRD REASON IS THAT THE PERGOLA CAN GO ON THE OTHER SIDE OF THE PROPERTY. LIKE I SAID BEFORE, THAT'S JUST NOT POSSIBLE AS SHOWN BY THE SITE PLAN FOR THE PICTURES ARE PRESENTED HERE. THE NEXT IS THAT WE OWN THE LOT NEXT DOOR AND SHOULD'VE BUILT MORE ONTO THAT LOT. YES, WE OWN THE LOT TO THE NORTH BUT THE FACT THAT WE DO IS IRRELEVANT. THERE ARE TWO SEPARATE PARCELS AND I SHOULD NOT HAVE TO COMBINE THE PARCELS IN ORDER TO UTILIZE ONE AND IT WOULD NOT BE FEASIBLE TO DO SO BECAUSE THE STRUCTURE ON THE PROPERTY, NOT TO MENTION MONETARY ISSUES THERE, AS WELL.

THE LAST REASON IS THAT GRANTING THE VARIANCE WILL SET A BAD PRECEDENT AS OTHERS ON GRACIE STREET AND CHARLES STREET WILL SEEK A VARIANCE, TOO. AGAIN, NOT SURE HOW IT WOULD BE A BAD PRECEDENT. WE ARE THE ONLY PROPERTY IN THAT AREA ON GRACIE STREET OR CHARLES STREET THAT HAS THE HARDSHIPS WE DO IN TERMS OF PRIVACY AND NOT CONFORMING LOT SIZE AND IT BEING A CORNER LOT AND IF ANYONE DOES HAS -- HAVE THOSE HARDSHIPS AND THEY HAVE A RIGHT TO ADDRESS A VARIANCE FOR WHATEVER THEY NEED BECAUSE THAT IS WHAT THIS PROCESS IS BEFORE. WITH THAT I WANT TO END ON AN AERIAL VIEW OF THE PROPERTY TO GIVE YOU A BETTER IDEA OF THE LOCATION AND I THINK THIS PICTURE SHOWS HOW SMALL OUR PROPERTY IS IN COMPARISON TO OTHER PROPERTIES AROUND US AND HOW MUCH SPACE WE HAVE BETWEEN WHERE THE PERGOLA WILL BE , AND GRACIE STREET. NO IMPACT TO MIDDLETON AND CERTAINLY NO IMPACT TO CHARLES STREET SO WITH THAT SAID I AM HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE AND I APPRECIATE

YOUR TIME TODAY. >> ANY QUESTIONS FROM AGENCY MEMBERS? ANYONE FROM THE PUBLIC WHO WOULD LIKE TO SPEAK? ON THIS

ITEM. >> I HAVE A QUESTION OR TWO. MR. AUBREY SKILLMAN WROTE A LETTER. THAT IS THE ONLY ONE I SAW IN OPPOSITION. I NOTICED THAT YOUR FENCE IN THE BACK STEPS UP. IS THAT BECAUSE THERE IS STILL ON THE LOT AND THE LOT WAS BROUGHT

UP? >> WE WERE REQUIRED TO BUILD UP PER THE COUNTY. THAT IS JUST WHAT WE HAD TO DO BUT YES, AND BECAUSE WE HAVE THE CORNER LOT, WE HAD A HEIGHT REQUIREMENT FOR THE FENCE SO WE WERE JUST MEETING IN ACCORDANCE WITH THE COUNTY CODES. I WOULD'VE LOVED TO BUILD IT HIGHER BUT I

COULDN'T. >> YOU COULD'VE ASKED FOR A

VARIANCE THERE, TOO. >> WE WERE IN A LITTLE BIT OF A

TIME CRUNCH. >> IT'S A SIX FOOT FENCE CONSISTENT WITH THE ELEVATION, IT'S HYPOCRISY -- THE TOPOGRAPHY OF THE PROPERTY WITH THE PHIL?

>> YES. >> NO ONE TO SPEAK PUBLICLY ON THIS. WE ARE BACK WITH THE AGENCY FOR A MOTION. MR. GREEN.

>> MOTION TO APPROVE ZONING VARIANCE 2024- 35 AT 6947

[01:30:18]

MIDDLETOWN AVENUE BASED ON FIVE FINDINGS OF FACTS AND CONDITIONS

THAT WERE PROVIDED. >> MOTION BY MR. GREEN. IS THERE A SECOND? SECOND BY MR. LABANOWSKI. TIME TO VOTE. THAT MOTION PASSES 5-1. CONGRATULATIONS.

[4. MINMOD 2025-02 Remaly Pool. Request for a Minor Modification to the South Hampton PUD (Ord. 1997- 41, as amended) to allow for a Rear Yard setback of six feet six inches (6'6") for a swimming pool and five feet (5') for a screen enclosure in lieu of the required ten feet (10'), specifically located at 2404 Winchester Lane.]

>> THANK YOU SO MUCH. >> THANK YOU. ON TO ITEM NUMBER FOUR, WHICH IS A MINOR MODIFICATION OF REMALY POOL.

>> I HAVE EX PARTE. I DID A SITE VISIT AND HAD A CONVERSATION

WITH MR. REMALY . >> IT IS SITE VISIT AS WELL AND

TALK TO THE APPLICANT. >> ANYONE ELSE? PLEASE PROCEED.

>> I AM GREG REMALY AND LEAVITT 2404 WINCHESTER LANE. I'M REQUESTING A REAR SETBACK OF 6.5 FEET TO ACCOMMODATE THE PLACEMENT OF A SWIMMING POOL AND TO PUT IN A SCREEN ENCLOSURE. IT REQUIRES AN ADDITIONAL FIVE FOOT SETBACK TO ACCOMMODATE THAT.

THIS IS AN OVERVIEW OF THE LOCATION MAP THAT SHOWS WHERE MY PROPERTY IS RIGHT THERE. AND, THIS IS A PUD FOR SOUTHAMPTON.

THIS IS THE POOL PLAN AND THE BIG CONTENTIONS IS THE SPOT RIGHT THERE. THAT IS INSTEAD OF HAVING A STRAIGHT LINE THAT SHOOTS ACROSS LIKE THAT, I AM LOSING ALL THAT SPACE, WHICH IS FINE BUT BY PUTTING WITH A 10 FOOT SETBACK, THAT WOULD TAKE THE POOL AND MOVE IT FIVE FEET CLOSER TO THE HOUSE, WHICH LEAVES ME VIRTUALLY NO DECK SPACING AT ALL TO BE ABLE TO PUT IN FURNITURE AND THAT SORT OF THING, SO THAT IS WHY I'M REQUESTING THE SETBACK, JUST ADDITIONAL DECKING FOR FRIENDS, FAMILY, THAT SORT OF THING. THIS IS THE ENCLOSURE. IT IS A STANDARD ENCLOSURE YOU SEE ON MOST POOL PROPERTIES . NOTHING ELABORATE OR ANYTHING. AGAIN, THE HARDSHIP IS THE FACT THAT I HAVE THIS UNIQUE BACKYARD THAT HAS THAT -- JETS BACK TOWARD THE HOUSE . LIKE I SAID BEFORE, IF THAT LINE WERE STRAIGHT, WE WOULD NOT BE HERE. THERE WOULD BE NO PROBLEM. THE HARDSHIP IS NOT SELF-CREATED. IT RESULTS FROM THE CONDITIONS THAT ARE PECULIAR TO THE PROPERTY AND AGAIN, THAT IS THE REASON I AM HERE. FINAL THOUGHTS AGAIN IT'S A SIMPLE REQUEST FOR THE 6.5 FOOT REAR SETBACK FOR THE PLACEMENT OF THE POOL. FIVE FOOT FROM THE PLACEMENT OF THE SCREEN ENCLOSURE. THE HARDSHIP IS BASED ON THE UNIQUE SHAPE OF THE LOT. I PLAN TO USE IT FOR EXERCISE AND FRIENDS, FAMILY, THAT SORT OF THING. THE REAR OF MY SITE IS ADJACENT TO THE WETLANDS PRESERVED AND THE REQUEST SHOULD NOT PROVIDE A NEGATIVE IMPACT ON ANY ADJACENT PROPERTIES . I'VE SUPPLIED LETTERS OF SUPPORT FROM MY NEIGHBORS THAT ARE ADJACENT AND ALSO HAVE A COPY OF THE HOA APPROVAL. WITH THAT, WHAT ARE

YOUR QUESTIONS? >> ANYONE HAVE ANY QUESTIONS? ANYONE FROM THE PUBLIC LIKE TO SPEAK? WE ARE BACK IN THE AGENCY THAN FOR EMOTION. -- A MOTION. MR. GREEN. SORRY, GOT TO TURN

YOUR MIC ON. >> I MAKE UP MOTION FOR APPROVAL

[01:35:07]

FOR A MINOR MODIFICATION 2025-2. BASED ON SIX FINDINGS OF FACT AND SUBJECT TO SIX CONDITIONS THAT ARE IN THE STAFF REPORT.

>> WE HAVE A MOTION BY MR. GREEN TO APPROVE. IS THERE A SECOND? I

BELIEVE MR. PIERRE. >> SECOND.

>> ANY DISCUSSION? LET'S VOTE. >> MOTION PASSES UNANIMOUSLY.

[5. REZ 2024-21 247 Canal Blvd. Request to rezone approximately 0.53 acres of land from Open Rural (OR) to Residential, Single Family (RS-2). The 0.53 acre is a portion of a larger 2.5 acres parcel.]

ITEM NUMBER FIVE. THIS IS A REZONING REQUEST FOR 247 CANAL BOULEVARD. EX PARTE. EXCUSE ME. I HAVE TO ASK THESE AGENCY MEMBERS IF THEY SPOKE TO ANYONE ABOUT THIS OR DROVE BY SO THEY'RE GOING TO TELL ME NOW. BEFORE YOU START.

>> YES, I DID MEET WITH MR. BROEKEMA ON MONDAY.

>> I STOP BY AND IN THE HOME VISIT AS WELL AS SPEAK TO THE

LADY HOMEOWNER. >> MY NAME IS WILLIAM BROEKEMA.

I LIVE AT 247 CANAL BOULEVARD. I'VE LIVED THERE SINCE 1968.

THE PURPOSE OF MY REQUEST IS TO HAVE MY PROPERTY REZONED FROM OR TO RS2 WHICH IS SOMEWHAT CONCURRENT WITH WHAT IS GOING ON IN PALM VALLEY AT THE TIME. THIS IS A PICTURE OF MY LOT. IT IS 2.5 ACRES. IT IS PART OF ANOTHER LOT THAT I HAD BOUGHT. THAT'S WHY THAT YELLOW LINE IS THERE. MY NEIGHBORS ACROSS THE THREE -- STREET FROM ME JUST BUILT IN THE LAST THREE YEARS. IT IS THE SAME WITH THOSE THERE'S A LITTLE BIT DEEPER. THIS IS A PICTURE OF THE PROPERTY AS IT SITS NOW. A LARGE OAK TREE IN THE CENTER WHICH JUDY SAID, YOU KNOW, IS A HISTORIC TREE OR A HERITAGE TREE, AND I HAVE NO PROBLEMS WITH THEM TAKING THAT DOWN OR WHATEVER THEY'RE GOING TO DO. THAT'S NOT UP TO ME AT ALL. A ZONING CHANGE. I HAVE NOT HEARD ANY OPPOSING PEOPLE IN THE NEIGHBORHOOD SO I'M JUST ASKING TO HAVE THIS PASSED BY THE BOARD. IT MEETS ALL REQUIREMENTS THAT MUST HAVE FOR RS 2. IF YOU LOOK AT THIS, THIS IS A FUTURE LAND USE BUT ACROSS THE STREET FROM ME, THEY ARE ALL RS2. TO MY RIGHT IS A RS 2, I BELIEVE. THIS IS ANOTHER PICTURE OF THE SAME THING, THE SAME ZONING. THAT IS A PICTURE OF THE ACTUAL OUTLINE OF THE PROPERTY, THE BOUNDARIES ON THE SIZE OF THE PROPERTY. THAT IS ESSENTIALLY ALL I HAVE.