Dec 05, 2019 Planning and Zoning Agency

[Call to Order]

[00:00:15]

>> GOOD AFTERNOON EVERYONE. WELCOME TO THE PLANNING AND ZONING AGENCY FOR DECEMBER 5.

I WOULD LIKE TO CALL THIS MEETING TO ORDER. WE WILL HAVE A READING OF THE

PUBLIC NOTICE STATEMENT. >> OF A PERSON DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE HEARING, SUCH PERSON WILL NEED A RECORD OF THE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PHYSICAL OR DOCUMENTARY EVIDENCE PRESENTED DURING THE HEARING, SUCH AS DIAGRAMS, CHARTS, PHOTOGRAPHS OR WRITTEN STATEMENTS WILL BE RETAINED BY STAFF AS PART OF THE RECORD. THE RECORD WILL THEN BE AVAILABLE FOR OTHER BOARDS OR THE COUNTY AND ANY REVIEW OF APPEAL RELATING TO THE ITEM.

BOARD MEMBERS ARE REMINDED THAT AT THE BEGINNING OF EACH ITEM THEY SHOULD STATE WHETHER THEY HAVE HAD ANY COMMUNICATION WITH THE APPLICANT OR ANY OTHER PERSON REGARDING THE SUBSTANCE OF THE ITEM, OUTSIDE THE FORMAL HEARING OF THE AGENCY. SUCH COMMUNICATION HAS OCCURRED THE AGENCY MEMBERS SHOULD THEN IDENTIFY THE PERSONS INVOLVED IN THE MATERIAL CONTENT OF THE CAN INDICATION. MEMBERS ARE REMINDED OF THE CIVILITY CLAUSE.

RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE. AVOID PERSONAL ATTACKS.

[Public Comments]

>> UP NEXT IS PUBLIC COMMENTS. THIS IS A TIME OF THE PUBLIC CAN SPEAK ON ANY TOPIC THAT IS NOT

ON THE AGENDA TODAY. >> WE DO HAVE ONE. >> GOOD AFTERNOON.

I AM RICHARD LANE, SAINT AUGUSTINE, FLORIDA. THIS PAST TUESDAY AT THE COUNTY COMMISSION MEETING I WAS APPOINTED TO BECOME A PTA BOARD MEMBER AND I AM LOOKING FORWARD TO THE CHALLENGE OF BEING ON THE PTA AND THE OPPORTUNITY GOING FORWARD. I AM VERY HONORED TO BE RECOGNIZED TO BE ON THE PCA BOARD. I REALLY LOOK FORWARD TO WORKING WITH EACH OF YOU ON THE STAFF WITH GOOD DECISIONS FORWARD FOR THE FUTURE OF THE COUNTY AND FOR MAINTAINING THE QUALITY OF LIFE FOR ALL OF THE SERVICES OF ST. JOHNS COUNTY.

IN MY PREVIOUS JOB, FOR MANY YEARS, I WAS RECOGNIZED WIDELY ACROSS THE STATE AS A FRIEND OF AGRICULTURE, PARTICULARLY RANCHING, AND FARMING ASPECTS. I AM VERY PLEASED TO BE JOINING YOU. I THANK YOU FOR THE OPPORTUNITY FOR THAT.

I WILL BE SEEING YOU. MY FIRST OFFICIAL MEETING, TWO WEEKS ON DECEMBER 19.

>> THANK YOU. IT IS A PLEASURE TO HAVE YOU COME ON BOARD.

FEELING A BIG SEAT THOUGH >> THANK YOU. ARE WE THROUGH WITH PUBLIC

[Item 1]

COMMENTS? >> NO OTHER PUBLIC COMMENT. WE ARE ONTO ITEM NUMBER ONE.

>> I WANTED TO CLAIRE X PARTAKE. I HAD A MR. WHITE HOUSE ON MATT KLEIN WHO ALSO PROVIDED A

LETTER. >> MR. WAINWRIGHT? >> MICROPHONE.

>> HAD A BRIEF CONVERSATION WITH DOCTOR PARKER ON ITEM NUMBER ONE.

SHE IS IN OPPOSITION TO IT AND SHE EXPLAINED HER POSITION. >> I HAD A BRIEF CONVERSATION WITH MR. WHITEHOUSE JUST DISCUSSING THE PROJECT. ANYONE ELSE?

ALL RIGHT. >> GOOD AFTERNOON AGENCY BOARD, VALERIE STUKES PRESENTING ITEM

[00:05:08]

THE SUBJECT PROPERTY IS LOCATED AT 1480 OLD A1A CELL. THIS IS ACCESSED FROM OLD A1A SELF. THIS IS A REQUEST FOR A SPECIAL USE THE SALE AND CONSUMPTION OF ALCOHOL BEVERAGES SPECIFICALLY ALLOWED AT THE EXISTING VILLAGE GARDEN FOOD TRUCK PARKED THE CONDITIONAL COMMERCIAL INTENT ZONING DISTRICT. ALLOWING THE SALE OF CONSUMPTION ALCOHOLIC BEVERAGES AS A SPECIAL USE. SUBJECT TO APPROVAL BY THE PZA.

THIS IS A LAND USE MAP OF THE SUBJECT PROPERTY SHOWING THE FAS COMMERCIAL.

THE ZONING MAP SHOWING THE SUBJECT PROPERTY AS THE CONDITIONAL CI ZONING.

THIS IS THE SITE PLAN SUBMITTED BY THE APPLICANT. THE OUTLINE OF THE SUBJECT PROPERLY WITH A DESERVED INVERSION THE AREA OF WHERE THE BEER AND WINE MAY BE CONSUMED AND SERVED. JUST TO GIVE SOME BACKGROUND ON THE PROJECT HISTORY.

JUNE 2016, THE SCHNECK FOOD PARK WAS APPROVED BY THE BOARD ORDINANCE 1627 WHICH REZONE THE PROPERTY FROM COMMERCIAL GENERAL TO COMMERCIAL INTENSIVE WITH CONDITIONS.

THE TWO CONDITIONS ARE AS FOLLOWS. ALL USES BY WRITE TO IN THE COMMERCIAL GENERAL ZONING DISTRICT ARE ALLOWED. USES ALLOWED BY SPECIAL USE OF THE COMMERCIAL GENERAL ZONING DISTRICT MAY BE ALLOWED PENDING THE APPROVAL OF A SPECIAL USE PERMIT. NO ADDITIONAL USES BY WRITE OR SPECIAL USE IN THE COMMERCIAL INTENSIVE ZONING TO -- DISTRICT ARE LOUD WITH THE [INAUDIBLE] WITH ASSOCIATED OUTDOOR SALES ACTIVITIES. IN DECEMBER OF 2017, THE APPLICANT REQUESTED A SPECIAL USE PERMIT FOR THE SALE OF BEER AND WINE AT THE FOOD TRUCK PARKED. JANUARY 2018 THE AGENCY APPROVED A SPECIAL USE PERMIT.

A COUPLE MONTHS LATER, THE TWO ADJACENT PROPERTY OWNERS FILED AN APPEAL OF THE AGENCY'S DECISION AND IN APRIL 2018 THE BOARD OF COUNTY COMMISSIONERS APPROVE THE APPEAL OVERTURNING THE DECISION OF THE PZA. THE BCC DID NOT FIND THE PROPOSED USE TO BE PRETTY COMPATIBLE WITH THE SURROUNDING AREA BECAUSE THE REQUEST WAS NOT IN COMPLIANCE WITH PART 12 OF THE LAND DEVELOPMENT DEFINING AS A THE REQUEST IS CONTRARY TO THE PUBLIC INTEREST AND A CONFLICT WITH THE SURROUNDING DEVELOP FINALLY THE REQUEST DID NOT MEET THE SPECIAL USE CRITERIA ESTABLISHED IN THE LDC. THE APPLICANT IS REQUESTING A SPECIAL USE APPROVAL FOR THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION WITHIN THE SPECIFIC AREA OF THE FOOD TRUCK PARK. STATING THAT THE FOOD PARK IS NOW PART OF THE COMMUNITY.

THERE IS SUFFICIENT PARKING PROVIDED. THE CONTROLLED USE OF THE PARK IS COMPATIBLE AND COMPLEMENTARY TO THE COMMUNITY. FINALLY, THE PROPOSED USE WILL NOT HAVE OR NEGATIVE IMPACT ON THE SURROUNDING AREA. THE FOLLOWING ARE THE GENERAL PROVISIONS FOUND IN LDC 20301A. RESTAURANTS ARE ALLOWED USE IN THE ZONING DISTRICT ON THE SALE OF ALCOHOLIC BEVERAGES IS ALLOWED BY APPROVAL OF A SPECIAL USE PERMIT BY THE PZA.

SUBJECT TO COMPATIBILITY CONCERNS BEING RESOLVED, THE SALE OF ALCOHOLIC BEVERAGE FOR ON-SITE CONSUMPTION UNDER STATE LICENSE WITH APPROVAL OF A SPECIAL USE COULD BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND COULD BE FOUND NOT TO SUBSTANTIALLY IMPAIR THE INTENDED PURPOSE OF THE ST. JOHNS COUNTY PLAN. THE APPLICANT IS PROPOSING A USE THAT IS GENERALLY COMPATIBLE WITH A NEIGHBORHOOD COMMERCIAL AREAS.

PART OF THE SUBJECT PROPERTY GIFT SHOP AND SMOKE SHOP AND OTHER RESTAURANTS EXIST TO THE SOUTH. THE SUBJECT PROPERTY AS STATED EARLIER IS LOCATED ALONG OLD A1A SOUTH. THE PROPOSED USE SUBMITTED HIS ALLOWED IN COMMERCIAL INTENSIVE ZONING AND COMMERCIAL FUTURE LAND USE DESIGNATIONS. THE APPLICANT REQUIRES SPECIAL USE APPROVAL BY THE PZA. SUBJECT TO COMPATIBILITY CONCERNS BEING RESOLVED AND CAN BE TO COMPLY WITH REGULATIONS AND STANDARDS. FINALLY, A PROVISION FOR NEARBY CHURCH AND NEARBY SCHOOL. NO VENDOR OF ALCOHOLIC BEVERAGES THAT IS LOCATED WITHIN THE UNINCORPORATED AREA OF ST. JOHNS COUNTY SHALL WITHIN A THOUSAND FEET OF AN ESTABLISHED SCHOOL, OR WITHIN A FEET -- THOUSAND FEET OF AN ESTABLISHED CHURCH LOCATED IN THE UNINCORPORATED OR INCORPORATED AREAS OF ST. JOHNS COUNTY. AFTER RESEARCHING SITE VISITS, NO CHURCHES OR SCHOOLS WITHIN A THOUSAND FEET PAPER CORRESPONDENCE, ONE PHONE CALL WAS RECEIVED WITH QUESTIONS ABOUT THE NOTIFICATION PROCESS OF THE SPECIAL USE PERMIT.

[00:10:05]

STAFF HAS RECEIVED A LETTER OF OPPOSITION FROM SHERIFF SURE. SOME REASONS FOR SUPPORT OF THE FOOD TRUCK PARK IS CONSIDERED TO BE A FUN, SAFE SPACE FOR EVENTS, FAMILIES AND YOUTH.

BUSINESS OWNERS THAT THE APPLICANTS ARE BUSINESS OWNERS THAT DEMONSTRATE RESPECT AND GREAT CUSTOMER SERVICE, AND HAVING THE BEER AND WINE LICENSE WOULD CREATE MORE REVENUE ALLOWING THE OWNERS TO CREATE MORE JOBS. REASONS PROVIDE A PROPOSITION ARE LIMITED PARKING,, TRAFFIC SAFETY ISSUES AND NOISE POLLUTION.

SHOULD THE AGENCY FINDING THE USE IS COMPATIBLE WITH THE SURROUNDING AREAS STAFF DOES NOT OBJECT TO APPROVAL OF 1912 VILLAGE GARDEN FTP. STAFF HAS PROVIDED 10 CONDITIONS IN EIGHT FINDINGS TO SUPPORT A MOTION. BASED ON THE APPLICATION OF MATERIALS SUBMITTED BY THE APPLICANT. THE CONDITIONAL ZONING DISTRICT WHICH ALLOWS FOR THE PROPOSED REQUEST APPROVED OF SOCIAL USE PERMIT AND FINALLY THE APPLICANT TO MEET ALL REQUIREMENTS OF THE LDC WITH THE REQUEST SUBMITTED. THIS CONCLUDES MY PRESENTATION.

THE APPLICANT IS PRESENT. >> THANK YOU. ANY QUESTIONS FROM STAFF? I SEE NONE. VERY THOROUGH. IF WE CAN HAVE THE APPLICANT

STEPPED FORWARD, PLEASE. >> BRANDON SCHNECK, OWNER OF THE VILLAGE GARDEN FOOD TRUCK PARK.

FIRST I JUST WANT TO ADDRESS SOME ISSUES THAT WERE IN THE PAPAL ARTICLE THAT WAS PUBLISHED YESTERDAY. THEY STATED WE WERE LOOKING FOR A LIQUOR LICENSE, THIS IS BEER AND WINE ONLY. ALSO THAT WE WOULD ONLY SELL BEER AND WINE IN THE COVERED PATIO AREA THAT IS DEEMED BY THE COUNTY AS OUR WAITING AREA AND IT WOULD BE MORE THAN THAT.

WE HAVE MET ALL OF THE CRITERIA TO BE GRANTED A SPECIAL USE PERMIT.

WE HAVE THE CORRECT ZONING ON DISTANCE FROM CHURCH CHURCH IN SCHOOLS.

THE ZONING WE WERE GRANTED BY WITH ALL THE RIGHTS PERTAINING TO THE COMMERCIAL GENERAL ZONING WHICH WOULD INCLUDE RESTAURANTS AND THUS INCLUDE OUTDOOR CONSUMPTION.

YOU ARE NOT ASKING ANY VARIANCES OR SPECIAL TREATMENT. THE MAJORITY OF THE RESTAURANTS AND THAT ALLOW FOR OUTDOOR ON-SITE CONSUMPTION OF BEER AND WINE, INCLUDING THE RESTAURANT THAT WAS PRESENT BEFORE ALMOST BEACHSIDE THAT HAD A 2COP. WHAT WE ARE ASKING FOR IS ANOTHER BEVERAGE OPTION FOR OUR GUESTS TO ENJOY WHILE DINING FROM THE FOOD TRUCKS AT THE PARK. THIS IS NO WAY IS GOING TO CHANGE OUR CURRENT BUSINESS MODEL. THE LAST TIME WE WERE HERE, THE BOARD VOTED 5-WANT TO GRANT US A BEER AND WINE LICENSE. WE MET ALL NECESSARY CRITERIA. IT WAS LATER APPEALED BY A FEW MEMBERS OF THE NEIGHBORHOOD AND THEN REVOKED BY A MEMBER OF THE COMMISSION THIS ALL HAPPEN BEFORE WE WERE OPEN. NOW I UNDERSTAND THAT PEOPLE HAVE CONCERNS FOR WHAT EXACTLY WE ARE GOING TO BE, OR HOW WE ARE GOING TO OPERATE. NOW WE ARE OPEN, IT IS CLEAR WE ARE A FAMILY FROM THE OPERATION AND OUR FOCUS IS ON THE AMAZING FOOD WE OFFER AND THE CONVENIENCE WE OFFER OUR GUESTS. WHAT WE ARE ASKING FOR IS FOR US TO ALLOW OUR GUESTS TO ENJOY A BEER OR GLASS OF WINE WHILE NOT DINING WITH US. SOMETHING THE VAST MAJORITIES OF RESTAURANTS IN THIS AREA CAN OFFER AND WE CANNOT. THIS PUTS US AT A DISADVANTAGE WHEN TRYING TO COMPETE WITH CORPORATE RESTAURANTS. I'VE BEEN TOLD THAT THE COUNTY WE ARE A SMALL LOCALLY OWNED BUSINESS WITH DEEP TIES TO OUR COMMUNITY THAT EMPLOYS DOZENS OF PEOPLE WHO IS TRYING TO SUPPORT THREE SEPARATE FAMILIES. WE HAVE DONE EVERYTHING IN OUR POWER TO DO GOOD NEIGHBORS. MANY WHO ARE GREATES SUPPORTERS AND CUSTOMERS.

ALL WE ARE ASKING FOR IS A FAIR AND DECENT SHOT AT BEING COMPETITIVE IN AN ALREADY CROWDED MARKETPLACE. I DIDN'T GET THE LETTERS OF OPPOSITION UNTIL RECENTLY, I JUST WANTED TO TOUCH A FEW ON THESE POINTS. MAYBE CONCERNS THE NEIGHBORHOOD HAS HAD. THE FIRST IS PARKING. WE EXCEED THE PARKING REGULATIONS MANDATED BY THE COUNTY. WE ALSO HAVE A SHARED PARKING AGREEMENT WITH THE SAFE NEXT DOOR VERY RARELY USED RATE IF YOU DRIVE BY OUR PARK AT ANY TIME THERE USUALLY 4-5 PARKING SPOTS OPEN. TALKING STARKLY TRAFFIC.

WHEN OUR TRIP COPULATION WAS GENERATED IT WAS MODELED AFTER A FAST FOOD RESTAURANT WITHOUT A DRIVE THROUGH. ACCORDING TO STAFF, THE IT MANUAL TENTH EDITION WAS ISSUED 10 DAYS AFTER THE FIRST APPEAL. THAT INCLUDED NEW MODELS THAT SPECIFICALLY USE A FOOD TRUCK ON SCENARIO INCLUDING ALCOHOL SALES. USING OUR PARK CAPULET OF THE NEW MODEL OUR PEAK HOURS PER DAY FELLOW FARM 46 DOWN TO 44. NOTICEABLE DECREASE.

THEIR NARRATIVE POINTS TO THE FALSE THE FACT THAT THE SALE AND CONSUMPTION OF ALCOHOL ON SITE WILL INCREASE TRAFFIC. NO INDIVIDUAL STUDY EXIST THAT WOULD POINT TO THE FACT THAT ALCOHOL SALES INCREASES AT THE LENGTH OF STAY FOR ANY GUEST AT AN ESTABLISHED MAN.

[00:15:06]

I FEEL THE SOME SORT OF EVIDENCE THAT THIS IS THE CASE. LASTLY.

I GOT A LETTER, AFTER THE DEADLINE, FROM PETER BURKART, THE OWNER OF BURKHART DISTRIBUTOR'S. HE BRINGS UP A REALLY GOOD. CURRENTLY THE LAW ALLOWS PEOPLE TO BRING A BEER AND WINE TO AN ESTABLISHMENT THAT DOES NOT HAVE A BEER AND WINE LICENSE.

THAT IS EXACTLY WHAT IS HAPPENING. PEOPLE ARE BRINGING IN BEER, WINE, MAYBE EVEN LIQUOR TO OUR FOOD TRUCK PARK AND WE HAVE NO WAY TO REGULATE IT.

THE COUNTY HAS REMOVED MY ABILITY TO DECIDE WHO IS DRINKING, WHAT THEY ARE DRINKING, HOW MUCH THEY ARE DRINKING AND ALSO WHAT THEY DO WITH THE TRASH WHEN THEY LEAVE.

IF THIS REALLY IS A SAFETY CONCERN THAT I THINK WE CAN ALL AGREE THAT REGULATION IS THE ANSWER. WITH US HAVING REGULATION, A BEER AND WINE LICENSE THAT WOULD CHECK IDS AND MAKE SURE EVERYONE IS OF AGE AND DRINKING RESPONSIBLY.

I THINK YOU FOR YOUR TIME. >> THANK YOU. [APPLAUSE] I KNOW WE GOT SEVERAL PUBLIC SPEAKER CARDS HERE. I DO HAVE A QUESTION THOUGH FOR THE COUNTY ATTORNEYS. IT IS UNKNOWN TO ME ABOUT THIS LAW WHERE YOU CAN JUST BRING IN YOUR OWN ALCOHOL. IT SOUNDS ENTICING. CAN YOU EXPLAIN THAT A LITTLE

BIT BETTER? >> YES. THANK YOU, MR. CHAIR.

I'M NOT FULLY FAMILIAR WITH THAT LAW EITHER IF THERE IS NOT A SALE ON PREMISES, THAT TYPE OF THING, THEN IT PROBABLY GOES TO WHETHER CONSUMPTION OF ALCOHOL IS PERMITTED OR UNPERMITTED ON A PARTICULR PROPERTY. FOR EXAMPLE THE ST. JOHN'S COUNTY BEACH IS A PROHIBITED AREA. THIS PARTICULAR PROPERTY, I DON'T KNOW THAT THERE IS ANY CODE PER SE, THAT PROHIBITS CONSUMPTION OF ALCOHOL ON IT. I THINK EACH OF THE MEMBERS OF THE AGENCY HAVE THEIR OWN PROPERTY IN THE COUNTY. THEIR PRIVATE PROPERTY, I DON'T KNOW THAT THERE IS ANYTHING THAT PREVENTS ANY INDIVIDUAL FROM CONSUMING ON THAT OR IT GOES.

THANK YOU. >> WE DON'T HAVE ANY QUESTIONS FOR THE SPEAKER, OR IF WE CAN

HOLD THEM LET'S GET TO THE PUBLIC COMMENT CARDS. >> WE HAVE A NUMBER OF PUBLIC COMMENT CARDS. I'M GOING TO RECOMMEND WE DO WITH THE COUNTY COMMISSION DOES.

WE HAVE TWO PODIUMS WITH MICROPHONES AND A TABLE IN THE MIDDLE.

WHY DON'T WE GET TWO LINES OF EACH AISLE, AS ONE SPEAKER FINISHES, THE NEXT SPEAKER GOES.

THAT WILL KEEP US MOVING ALONG. DON'T WAIT FOR ME TO CALL OUT NAMES.

JUST START LINING UP AT THE MICROPHONES. IF WE NEED A SPEAKER CARD FROM YOU, I WILL ASK FOR ONE. JUST REMEMBER, PLEASE STATE YOUR NAME AND ADDRESS BEFORE YOU

SPEAK. YOU WILL HAVE THREE MINUTES. >> THANK YOU.

DAVID PAGAN, MY ADDRESS IS 1370 HERNANDEZ PARK. I'M SPEAKING ON BEHALF OF THE AMENDED PARK ASSOCIATION TO OPPOSE THIS APPLICATION FOR SPECIAL USE PERMIT.

MENENDEZ PARK ASSOCIATION IS A FLORIDA NONPROFIT CORPORATION, ST. JOHN'S COUNTY REGISTER NEIGHBORHOOD ASSOCIATION AND A MEMBER OF THE SAINT JOHNSON COUNTY CIVIC OUR PURPOSE IS TO ADVANCE THE QUALITY OF LIFE IN THE COMMON PUBLIC INTEREST OF VENDETTAS PARK AND SAN JOSE FOREST RESIDENTS IN THE ENJOYMENT OF THEIR HOMES AND NEIGHBORHOODS.

WE ARE NOT AN HOA WITH AUTHORITY TO MENENDEZ PARK IN SAN JOSE FOREST ARE BOTH WELL ESTABLISHED RESIDENTIAL NEIGHBORHOODS WITH APPROXIMATELY 250 HOUSEHOLDS. A SIGNIFICANT NUMBER OF HOMEOWNERS HAVE LIVED HERE FOR DECADES. I'M GOING TO FOCUS ON THE PRIMARY REASON FOR OUR OPPOSITION TO THIS APPLICATION. WE ARE VERY CONCERNED THAT GRANTING A SPECIAL USE PERMIT TO THIS BUSINESS WOULD NEGATIVELY IMPACT PUBLIC SAFETY AT THE DANGEROUS INTERSECTION OF OLD BEACH ROAD AND OLD A1A WHERE THIS BUSINESS IS LOCATED.

THE INTERSECTION USED BY MANY RESIDENTS AS A PRIMARY ROAD HEADING SOUTH FOR BOTH EGRESS AND REENTERING THE NEIGHBORHOOD. ALREADY THERE HAVE BEEN OVERFLOW PARKING PROBLEMS ASSOCIATED WITH THE BUSINESS THAT CREATE A DANGEROUS CONGESTION AT THE OLD A1A INTERSECTION.

WE WANT TO THANK ST. JOHN'S COUNTY FOR INSTALLING NO PARKING SIGNS ADJACENT TO THE FOOD TRUCK PARK TO REDUCE THIS CONGESTION. A NUMBER OF THEIR PATRONS HAVE IGNORED THIS RESTRICTION.

WE ARE VERY CONCERNED THAT SERVING ALCOHOL WILL EXACERBATE THIS PROBLEM AND WILL RESULT IN TRAGIC CONSEQUENCES. MOST RESIDENTS ARE NOT OPPOSED PARK AS IT CURRENTLY OPERATES

[00:20:04]

IN FACT A NUMBER OF NEIGHBORS INITIALLY SUPPORTED THE OWNERS. AT THAT TIME NO MENTION WAS MADE BY THE OWNERS OF SERVING BEER OR WINE. I HAVE HEARD FROM SOME WHO INITIALLY GAVE THEIR SUPPORT THAT THEY NOW HAVE GRAVE CONCERNS AND FROM THE BEGINNING WOULD HAVE OPPOSED ALCOHOL BEING SERVED AT THIS PLACE OF BUSINESS HAD THEY KNOWN.

ALREADY THERE HAVE BEEN NUMEROUS TRAFFIC ACCIDENTS IN THE CLOSE PROXIMITY SINCE THE BUSINESS OPEN DECEMBER 2018. I UNDERSTAND THAT SHERIFF SURE HAS SUBMITTED A LETTER TO PZA ASKING YOU TO TAKE INTO CONSIDERATION THE SAFETY ISSUES AND NOT GRANT THE SPECIAL USE PERMIT. WE BELIEVE THAT THE COMBINATION OF LOCATION, OF THE SCHNECK FAMILY FOOD PARK ON A VERY SMALL PARCEL OF LAND WITH LIMITED PARKING AND A VERY BUSY AND DANGEROUS INTERSECTION IS ALREADY HAZARDOUS TO PUBLIC SAFETY.

THE ADDITION OF ALCOHOL WOULD SIGNIFICANTLY INCREASE THE LIKELIHOOD OF TRAGIC ACCIDENTS, EVEN MORE SO IF LIVE MUSIC OR OTHER ENTERTAINMENT WAS ADDED TO THE MIX.

THE SERVING OF ALCOHOL AND RELATED ISSUES THAT WILL ARISE AS A RESULT IS CERTAINLY NOT COMPATIBLE WITH THIS RESIDENTIAL AREA. THANK YOU VERY MUCH.

>> BEFORE THE NEXT SPEAKER ADDRESSES THE PZA. WE HAVE BEEN UNABLE TO FIND OR CONFIRM THAT LAW OR STATUTE THAT THE APPLICANT WAS REFERRING TO. I'M GOING TO SEE IF I CAN CONFIRM WITH THE APPLICANT ABOUT THAT DURING YOUR PUBLIC COMMENT. I JUST WANTED TO UPDATE THE BOARD. WE HAVE BEEN UNABLE TO CONFIRM THAT.

THANK YOU. >> MY NAME IS KYLE TUCKER. I LIVE AT 221 RED CREEK CREEK DRIVE IN SAINT AUGUSTINE. ON SPEAKING ON BEHALF OF A VILLAGE GARDEN.

MY WIFE AND I DINE IN THE AREA, SAINT AUGUSTINE, THE GENERAL AREA OF JACKSONVILLE QUITE OFTEN. WE HAVE BEEN TO VILLAGE GARDEN, PROBABLY 10 TIMES.

IT IS A WONDERFUL SITE. TO ADDRESS SOME OF THE OPPOSITION OPPOSITION CONCERNS.

I'VE NEVER HAD AN ISSUE FINDING A PARKING SPOT. I'VE NEVER HEARD ANY KIND OF NOISE THERE WHATSOEVER. I KNOW WHEN MY WIFE AND I GOT TO DINE WE ENJOY A GLASS OF WINE, OR A BEER WITH OUR DINNER. I WOULD BE A HUGE PLUS TO HAVE THAT TO SIT.

IT IS NOT THE KIND OF PLACE WHERE YOU JUST WANT TO HANG OUT AND HAVE MULTIPLE DRINKS.

YOU'RE GOING TO GET FOOD OR SOMETHING FROM ONE OF THE GREAT TRUCKS AND HAVE A DRINK I DON'T SEE HOW THESE CONCERNS ARE REALLY VALID. I WOULD ASK THAT YOU WOULD

APPROVE THIS REQUEST. THANK YOU. >> MY NAME IS EILEEN DARBY.

NORTHWEST 144TH PLACE, ALACHUA. I AM AN ELEMENTARY SCHOOL TEACHER AND APPRECIATE THE LOVELY AND PLEASANT FAMILY ATMOSPHERE A VILLAGE GARDEN.

MAKING IT ONE OF MY FAVORITE LOCAL PLACES TO GO. BRANDON AND KELLY HAVE WORKED HARD TO CREATE THIS ATMOSPHERE. IT REFLECTS CORE VALUES THAT THEY HOLD.

THEY HAVE NO INTENTIONS OF CREATING ANY KIND OF A PARTY PLACE.

THEY EVEN CLOSE AT 8:00 P.M. THEY HAVE GAMES FOR CHILDREN TO PLAY.

THEIR DESIRE HAS BEEN TO PROVIDE A BEAUTIFUL COMMUNITY SPACE THAT WOULD BE A POSITIVE OFFERING TO SAINT AUGUSTINE. THEY WOULD NEVER ALLOW IT TO NEGATIVELY IMPACT THE COMMUNITY.

THAT IS NOT WHO THEY ARE AS A PEOPLE. THEY TAKE GREAT PRIDE IN THEIR WORK, THEY HAVE AN UPSTANDING REPUTATION. I ENJOY A GLASS OF WINE WITH MY DINNER, AND I HAVE NOT TYPICALLY GONE TO VILLAGE GARDENS FOR DINNER.

>> THEY HAVE MET ALL REQUIREMENTS. I'VE NEVER SEEN THE PARKING LOT BE MORE THAN HALF-FULL, OR SEEN SAFETY TO BE ANY KIND OF A CONCERN.

SAINT AUGUSTINE SUPPORT IN THE PAST THE LOCAL BUSINESSES THAT HAS GIVEN THE CITY MUCH OF THIS APPEALING CHARACTER AND CHARM. VILLAGE GARDEN IS A CHARMING LOCAL BUSINESS THAT DESERVES THE

SUPPORT OF THIS COMMUNITY. THANK YOU. >> THANK YOU.

>> BRIDGET HEENAN, 115 SOUTH WINDOWS CIRCLE, SAINT AUGUSTINE FLORIDA.

GOOD AFTERNOON, MY NAME IS BRIDGET AND I AM A NEIGHBOR OF THE VILLAGE GARDEN FOOD TRUCK PARK AND A SUPPORTER OF THEM OBTAINING A BEER AND WINE LICENSE.

MY HUSBAND MICHAEL AND I ARE HUGE FANS OF THIS PART. I HAVE BROUGHT POSITIVITY AND

[00:25:01]

MICHAEL HENNESSEY, ROB SHANNON LAWRENCE, AARON AND LANDON JOHNSON, AND WINE LICENSE WILL NOT BRING ANY NEGATIVE EFFECTS TO THE FOOD TRUCK PARK.

IT WOULD NOT TAKE AWAY FROM THE FAMILY ATMOSPHERE THAT WE ALL ADORE.

THE FOOD TRUCK PARK IS A PLACE WHERE THE FAMILIES IN THIS COMMUNITY COME TOGETHER WE LOOK FORWARD TO SEEING IT CONTINUE TO FLOURISH. PLEASE CONSIDER SUPPORTING THIS LOCAL BUSINESS IN EATING THEIR BEER AND LOT -- BEER AND WINE LICENSE.

THANK YOU. >> ESTEEMED MEMBERS OF THE BOARD.

MY NAME IS DOUG DAVIS. 3505 HARVARD DRIVE, SAINT AUGUSTINE, FLORIDA.

BELIEVE IT OR NOT, I HAVE NEVER MET THE SCHNECK'S BEFORE. I'M HERE SPEAKING ON THEIR BEHALF. I HAVE BEEN UP SINCE 3:00 A.M., I JUST LEFT MY JOB AT THE MAYO HOSPITAL TO COME HERE AND SPEAK TODAY. FOR NO OTHER REASON THAT SPEAKS TO THE IMPORTANCE OF THIS FOR ME. MY FAMILY RELOCATED AND I GREW UP IN THE AREA. AFTER RETIRING FROM THE ARMY AND HAVING SERVED WITH THE NYPD.

I CAME BACK TO SAINT AUGUSTINE, BECAUSE OF THE SAFE ENVIRONMENT THAT WE ALL FEEL HERE.

THE SCHOOL SYSTEMS THAT WE HAVE HERE AND HAVING THAT WATERFRONT FAMILY ATMOSPHERE THAT WE ALL GREW UP AND LOVED. VILLAGE GARDEN HAS BEEN A BIG PART OF THAT FOR US.

IT'S A GREAT OUTDOOR ENVIRONMENT. WE ALWAYS FEEL SAFE THERE.

MY DAUGHTER IS SEVEN, HAVE A NEWBORN AT HOME. WE GO THERE AND EAT.

WE'VE NEVER HAD A PROBLEM WITH AS A FORMER LAW ENFORCEMENT OFFICER WITH THE NYPD.

I'VE NEVER FELT UNSAFE THERE FOR MYSELF OR MY FAMILY. I'VE NEVER ENCOUNTERED A TRAFFIC PROBLEM GETTING IN AND OUT OF THE NEIGHBORHOOD. AT THE END OF A LONG DAY, HELPING PATIENTS, WHICH IS WHAT I DO NOW, TO BE ABLE TO GO THERE AND HAVE A BEER, OR GLASS OF WINE COME, ENJOY DINNER WITH MY FAMILY, I THINK WOULD CERTAINLY ADD SOMETHING TO THE ATMOSPHERE.

WHAT I HAVE EXPERIENCED DURING MY YEARS OF TRAVEL WITH THE DEPARTMENT OF DEFENSE IN MY FORMER JOB AS A LOT OF CASES, ESTABLISHMENTS SUCH AS THIS THAT ARE DOING THESE MICRO FOOD TRANSACTIONS THAT ARE HUGE PERCOLATORS FOR LOCAL BUSINESS ECONOMY.

YOU SEE A LOT OF THESE, SMALL FOOD TRUCK OPERATORS THAT GO OPEN BRICK-AND-MORTAR RESTAURANTS HAVE BECOME SOME OF THE LEADERS IN THE BUSINESS COMMUNITY.

I THINK THE SCHNECK'S ARE PROVIDING THAT BUSINESS REGULATION.

I THINK THAT IS SOMETHING WE SHOULD DEFINITELY BE ENCOURAGING IN SAINT AUGUSTINE AT ST. JOHNS COUNTY I AM SPEAKING AS A PROPONENT OF THE SPECIAL USE PERMIT.

THANK YOU VERY MUCH. >> THANK YOU. >> SIR, IF YOU WANT TO GO AHEAD.

ON 29 PAUL DIXON. I LIVE AT 1824 OLD BEACH ROAD. I ALSO END THE OWNER OF THE ADJACENT COMMERCIAL PROPERTY AT 1829 OLD BEACH ROAD. THIS IS MY HOME.

THIS IS THE OVERHEAD OF THE MAP THAT SHOWS HOW MY HOME AND PROPERTY ARE ADJACET TO THE VILLAGE GARDEN. ALTHOUGH WE HAVE HAD SIGNIFICANT PROBLEMS WHEN THE VILLAGE GARDEN BURST OPEN. PARKING THIS IS DUE TO GOOD SCIENCE, AND THE VOLUME OF BUSINESS AT THE VILLAGE GARDEN FELL OFF AND SECOND QUARTER OF 2019.

THEY ARE CURRENTLY RIGHT SIZE FOR THE SIZE OF THE PROPERTY THAT THEY BOUGHT IN THE PARKING CAPACITY. NOW I WOULD LIKE TO SHARE MY MY WIFE AND I WILL HAVE BEEN AND REMAIN OPPOSED TO THE ALCOHOL SALES OF THE VILLAGE GARDEN. NUMBER ONE IS SAFETY.

WITH ALCOHOL THERE IS MORE CARS, IT'S A DIFFERENT MARKET, THE SAME CAPACITY.

THERE'S ONLY 15 PARKING SPOTS ON THE PROPERTY. HEAVY TRAFFIC BLOCKS THE VISIBILITY AND A SIGHTLINES AND PREVENTS EMERGENCY VEHICLES FROM GETTING THROUGH AND POSES RISK TO PEDESTRIANS. THE SECOND REASON IS THE IMPACT ON THE ADJOINT OF OUR PROPERTY

[00:30:15]

BASED ON EARLY INFORMATION THEY HAVE SHARED ON SOCIAL MEDIA, AND OTHER VENUES THESE IMAGES, WE PREDICT LIVE BANDS, AMPLIFIED MUSIC, LATE NIGHT HOURS WOULD BECOME PREDICTABLE AND REGULAR.

FINALLY, THIS IS AN UNCLEAR AND UNTESTED MODEL OF ALCOHOL DELIVERY WHICH DWELLS ON THE SAFETY AND QUALITY OF LIFE CONCERNS. WE DO NOT UNDERSTAND HOW AN OPEN AIR FOOD TRUCK PARK WOULD MANAGE ALCOHOL SALES. WE CANNOT IMAGINE HOW A COUNTER BASED SERVING MODEL LIKE MCDONALD'S WILL BE EFFECTIVE IN DETECTING AND PREVENTING UNDERAGE DRINKING. WE REMAIN OPPOSED TO ALCOHOL SALES BASED ON THE THREAT TO PUBLIC SAFETY. IN CLOSING I WANT TO ADDRESS A POINT THAT THE VILLAGE GUARD ORDINANCE HAVE MADE A PUBLIC FORUMS. THE LARGE AMOUNT OF MONEY THEY HAVE -- INVESTED IN THE FOOD TRUCK PARK. IT SEEMS LIKE A LOT OF MONEY TO INVEST IN A BUSINESS WHOSE PRIMARY SOURCE OF INCOME WOULD BE RENTALS FROM FOOD TRUCKS AND FOOD AND SMOOTHIE SALES. WHAT I WOULD ASK MEMBERS OF THE PLANNING AND ZONING BOARD TO CONSIDER AS THE CITIZEN RATE OF ST. JOHN'S COUNTY AND WE AS NEIGHBORS DO NOT OWE A SMALL BUSINESS OWNER A BLUEPRINT FOR SUCCESS. IF THIS WAS A POOR INVESTMENT IT WAS A FOREIGN INVESTMENT. THE NOTION THAT THE BUSINESS MUST BE ABLE TO SELL ALCOHOL TO REMAIN VIABLE IS NOT ENOUGH TO GRANT THE SPECIAL USE PERMIT. SAVING A SMALL BUSINESS IS NOT YOUR MISSION. PUBLIC SAFETY, PRESERVATION OF A WAY OF LIFE IN A HISTORIC

NEIGHBORHOOD IS. THANK YOU SO MUCH. >> THANK YOU.

IT SHOULD BE ON. JUST TO STATE YOUR NAME AND ADDRESS FOR THE RECORD.

>> MAUREEN LONG, 1821 CASTEEL STREET. I ASKED YOU TO DENY THE REQUEST FOR SPECIAL USE PERMIT THAT WOULD ALLOW BEER AND WINE -- CAN YOU HEAR ME? I ASK YOU TO DENY THE REQUEST FOR SPECIAL USE PERMIT THAT WOULD ALLOW BEER AND WINE SALES AT THE VILLAGE GARDEN FOOD TRUCK PARK. SINCE THE OPENING OF VILLAGE GARDEN, PARKING HAS BECOME A SAFETY ISSUE IN OUR NEIGHBORHOOD.

ADDING ALCOHOL SALES AT THE FOOD TRUCK PARK WITH ITS TIGHT SITE PLAN FOR THE BUILDING, FOOD TRUCKS, 45 SEATS AND TABLES, COVERED DECK AREA WITH BENCHES THAT CAN SEAT 44 PATRONS.

WITH ONLY 15 PARKING SPACES, TWO OF WHICH ARE RESERVED FOR TO GO ORDERS.

PARKING IS EXTREMELY LIMITED FOR THE POTENTIAL 89 PATRONS OR MORE.

PATRONS RELY ON THE RIGHT OF WAYS FOR PLACES TO PARK AND THEN WALKED TO THE BUSINESS.

THE NO PARKING SIGNS THAT THE COUNTY INSTALLED HAVE EASE THE ISSUE.

ILLEGAL PARKING THE PATRONS THAT CAN'T PARK AT THE VILLAGE GARDEN, NO PARKING FURTHER ON OLD WITH NO STREET LIGHTS IN THE, THIS LEAVES PATRONS IN DANGER.

THERE AREN'T ANY OTHER APPROVALS FOR OUTSIDE SALES OF BEER AND WINE, LIKE THIS IN THE COUNTY.

THE COUNTY CANNOT LIMIT THE AMOUNT TO PATRONS ON DUE TO THE FACT THAT THIS SITE IS OPEN AIR, NOT FENCED AND WITH NO ENCLOSED STRUCTURES. THE ST. JOHN'S COUNTY FIRE DEPARTMENT DOES NOT PROVIDING AN ARGUMENT LOAD CALCULATION. THE PROPERTY HAS NO CAPACITY LIMIT. I HAVE LIVED IN MENENDEZ PARK FOR 40 YEARS.

THE QUARTER OF ALL BEACH ROAD AND A1A IS A HEAVY TRAFFIC INTERSECTION WITH NOTHING MORE THAN A STOP SIGN. ALREADY THE SIDE OF MANY ACCIDENTS.

I HAVE CRASH DATA REPORTS FROM SHERIFF'S DEPARTMENT FOR THE HALF-MILE TRAVEL AREA.

THIS IS THE ROUTE TRAVELED TO AND FROM VILLAGE GARDEN FROM 2018 UP UNTIL NOW AND THERE HAS BEEN 75 CRASHES. HIGH RATIO FOR A SMALL AREA. JUST THIS PAST HOLIDAY WEEK THERE WERE THREE MORE SERIOUS ACCIDENTS RIGHT AT ALL BEACH AND SOUTH OLD A1A.

ADDING VILLAGE GARDEN PAID RENTS CONSUMING ALCOHOL, NAVIGATING THE CENTER SECTION JOINING TRAFFIC INTO THESE HALF-MILE ROADS BEYOND STATE ROAD 312 IT IS FEASIBLE TO SEE THE POTENTIAL FOR ACCIDENTS INCREASING. THIS INTERSECTION IS OUR MAIN ARTERY INTO AND OUT OF MENENDEZ PARK TRAVELED BY RESIDENCE AND CHURCH TRAFFIC, BICYCLIST, WALKERS FROM CHILDREN CATCH THE SCHOOL BUS ON THE CORNER OF OLD BEACH ROAD. I WANT THIS BUSINESS TO DO WON'T BE SUCCESSFUL. I DON'T WANTED TO BE AT THE EXPENSE OF OUR PUBLIC SAFETY IN THE QUIET ENJOYMENT OF OUR NEIGHBORHOOD. I REQUEST THAT YOU DENY THE SALES AND CONSUMPTION AT THE SITE. I APPRECIATE YOUR TIME AND ATTENTION. YOU SEE THE TABBED AREAS, IT HAS ALL OF MY FACTS THAT I HAVE

FOUND FOR YOU TO LOOK >> THANK YOU. 1020 HI THERE.

[00:35:06]

THAT PHOTO OF THOSE PEOPLE ENJOYING THEMSELVES WAS A BABY SHOWER, AND THE OTHER PHOTOS OF THE PARKING AND THE PARKING ISSUES, WE HAVE 24 HOUR SURVEILLANCE THAT WAS BEFORE WE AGREED TO PUT NO PARKING SIGNS ON THAT ROAD. I FEEL THAT IT IMPORTANT TO BE FAIRLY PUT IN CONTEXT BEFORE I BEGAN. THIS APPLICATION PAST FIVE TO GO NOT SHARE. IT WAS APPROVED BECAUSE THIS IS A GOVERNMENT BOARD AND WE MET ALL OF THE NECESSARY REQUIREMENTS. ANY NORMAL RESTAURANT PLATFORM THAT IS THE END OF THE PROCESS. THIS HOWEVER WAS THE FIRST APPEAL THAT IS TAKEN PLACE SINCE 2012, AND THAT WAS OVER BEACH CONSERVATION. WE UNDERSTAND THAT WE WERE NOT OPEN YET WHEN APPLYING LAST YEAR, THEREFORE IT WAS MUCH EASIER FOR MARINE LONG AND THE OLSONS TO GENERATE THE FEAR -BASED CAMPAIGN OF THE UNKNOWN, WE UNDERSTOOD, RESPECTED, THE DECISION TO WAIT UNTIL EVERYONE COULD SEE OUR FAMILY AND COMMUNITY CONCEPT BROUGHT TO LIFE. NOW IT HAS BEEN A YEAR AND WE HAVE PAID OUR DUES.

WE HAVE BUILT A SOLID AND HONORABLE REPUTATION FOR THE VILLAGE GARDEN.

NOT JUST WITHIN THE COMMUNITY, BUT AS YOU CAN SEE ALSO MENENDEZ PARK.

WE HAVE ALMOST 450 SIGNATURES ON OUR PETITION. MANY FROM THE NEIGHBORHOOD.

THERE ARE ONLY A HANDFUL OF PEOPLE IN OPPOSITION. THESE TWO INDIVIDUALS IN OPPOSITION HAVE BASED THEIR ENTIRE PLATFORM ON UNFOUNDED FEAR.

FEARS ARE NOT FACTS. IN A MILLION DOLLAR INVESTMENT SHOULD BE PUT IN JEOPARDY ON A FEELING THAT HAS NOT BEEN FACTUALLY PROVEN TO BE TRUE. PARKING WAS RESOLVED.

NEW STREET SIGNS WERE PUT IN PLACE. WHEN YOU MEET THEM THE LICENSE IS GRANTED. MY NEIGHBOR CANNOT AND SAY THEY ASSUME I WILL BE AN UNSAFE DRIVER AND THEREFORE BASED ON THEIR FEELINGS AND OPINIONS SHOULD NOT BE GRANTED A LICENSE.

THAT WOULD BE ABSURD. IT HAS BEEN A YEAR WE HAVE VERY PATIENTLY WAITED TO REAPPLY.

I DO NOT FEEL THAT OUR INVESTMENT IS BEING RESPECTED BY THE COUNTY.

HAVING A BEER AND WINE LICENSE IS ONE OF THE MOST FUNDAMENTAL BY A FOOD ESTABLISHMENT.

BY NOT HAVING THIS LICENSE YOU ARE CUTTING US OFF AT THE KNEES. WE ARE UNABLE TO FAIRLY COMPETE WITH 94% OF OTHER RESTAURANTS I DO. EXCLUDING FAST FOOD.

IT WAS ONE OF THE ESSENTIAL BUILDING BLOCKS FOR ANY SUCCESSFUL FOOD VENDOR.

ROUGHLY ACCOUNTING FOR 30% OF GENERATED REVENUE IN THE SERVICE INDUSTRY.

TO BE VERY CLEAR. THIS LICENSE WILL NOT DETERMINE IF PEOPLE ARE DRINKING IN THE PARK OR NOT. PATRONS HAVE BEEN DRINKING ON SITE SINCE WE OPENED.

THEY BRING COOLERS. MAY I FINISHED LAST PARAGRAPH, PLEASE?

>> 20 SECONDS. >> WITH REGULATION COMES A LICENSE.

IT IS NECESSARY TO KEEP WITHOUT A LICENSE, I HAVE NO IDEA HOW MUCH THEY ARE CONSUMING ON MY PROPERTY, OR THE STRENGTH. WE HAVE JOINED WITH PACKS, THE PREVENTION COALITION, REACH OUT TO THEM AND WE WILL HAVE ALL OF OUR STAFF ATTEND THEIR EXTENSIVE RESPONSIBLE VENDOR TRAINING PROGRAM. I ASK YOU TO RECONSIDER AND PLEASE SUPPORT THE DECISION YOU

ALREADY APPROVED BEFORE. THANK YOU SO MUCH FOR YOUR TIME. >> THANK YOU.

>> GOOD AFTERNOON, GENTLEMEN. I FEEL LIKE I SHOULD BE SINGING. MY NAME IS FRANCIS BACON.

I RESIDE AT 1340 CORONA STREET. MY PROPERTY IS AT THE CORNER OF CORONA AND OLD BEACH ROAD.

I AM RIGHT THERE. AS I HAVE TOLD YOU ALL, MY BEDROOM IS LESS THAN 100 FEET FROM WHAT IS GOING ON. I HAVE NOWHERE TO GO. IF THINGS GET CRAZY OVER THERE.

BACK IN JUNE, MAY AND APRIL OF 2016, MR. SCHNECK MET WITH JUST ABOUT EVERY PERSON IN MENENDEZ PARK AND PROPERTY OWNERS AND SURROUNDING AREAS. THIS IS WHEN HE WAS PETITIONING TO HAVE THE REZONING DOWN TO PUT THE FOOD TRUCKS. MR. SCHNECK PROMISED OVER 100 PEOPLE, MANY, MANY TIMES THAT HE WOULD NEVER PUT ANY TYPE OF ALCOHOL ON THE PROPERTY.

THAT IS SO HE COULD GET HIS REZONING FOR THE FOOD TRUCKS. AS SOON AS HE GOT THE REZONING, HE THEN WENT IN DECEMBER OF 2016 BEFORE THE ARB, WHICH NONE OF US EVEN KNEW THAT THIS MEETING WAS

[00:40:04]

THAT IS WHERE ALL NEW PLANS WERE SUBMITTED AND APPROVED. HE THEN APPLIED LATER FOR THE BEER AND WINE. I DON'T KNOW. I JUST DON'T TRUST PEOPLE THAT DO THIS. YOU KNOW, IT WAS BAIT AND SWITCH.

HE PROMISED AND PROMISED, AND PROMISED ORALLY CONTRACTED WITH THE NEIGHBORHOODS NEVER, ANY ALCOHOL OF ANY TYPE. NOW HERE WE ARE AGAIN. I JUST LOST ALL FAITH.

I KNOW THE HISTORY OF THAT PROPERTY. WE DO NOT WANT ANY ALCOHOL ON THE PROPERTY EVER AGAIN. BECAUSE OF WHAT HAPPENED. PEOPLE STARTS WITH GOOD INTENTIONS. BUSINESSES DON'T WORK. AND IN THE BEER AND ALCOHOL IS ALREADY ALLOWED ON THE PROPERTY AND WE ARE ENDING UP WITH ANOTHER MESS.

THANK YOU. >> THANK YOU. >> AS A BARTENDER, I KNOW HOW VITAL ALCOHOL, OR IN THIS CASE BEER AND WINE SALES ARE TO BUSINESS.

DENYING THE SCHNECK FAMILY THIS VITAL REVENUE STREAM IS UNFAIR AND PUT SOME OF THE HUGE COMPETITIVE DISADVANTAGE. I SUPPORT THEM GETTING THEIR BEER AND WINE LICENSE.

>> THANK YOU. >> I LIVE AT 1828 CASTEEL STREET, SAINT AUGUSTINE FLORIDA.

ON BEHALF OF MY HUSBAND AND THE VILLAGE GARDEN WITH A BEER AND WINE LIQUOR LICENSE.

MY HUSBAND AND I HAVE BEEN AT THE VILLAGE SEVERAL TIMES WITH OUR KIDS.

THEY DO HAVE MANY MEANS OF DIFFERENT ACTIVITIES FOR CHILDREN OF ALL AGES.

WE LIVE WITHIN WALKING DISTANCE TO THE LOCATION. NEVER ONCE HAVE HAD A PROBLEM WITH ANY KIND OF NOISE VIOLATION. ANY TIME WE DRIVE TO THE PROPERTY WE'VE NEVER HAD AN ISSUE WITH PARKING WHATSOEVER. WE DO SUPPORT THE VILLAGE AND WE DO ASK FOR YOU TO APPROVE THE REQUEST. THANK YOU.

>> MY NAME IS BOB AS RA, 14. I'VE BEEN COMING TO SAINT AUGUSTINE'S SINCE I 20 YEARS AGO. THUS SUPPOSED TO BE A JOKE. [LAUGHTER] -- SINCE I WAS 20 YEARS OLD. TWENTY YEARS AGO. THAT IS SUPPOSED TO BE A JOKE.

[LAUGHTER] THE LOCATION OF THIS PARK IS RIGHT NEXT TO THE BEACH.

I HAVE HEARD THE ARGUMENTS HERE, OUTDATED PARKING. GUYS, THAT IS A FALSE NARRATIVE.

THAT WAS PROBABLY ON OPENING DAY. THAT IS NOT REPRESENTATIVE OF THE PRESENT. IF YOU HAVE BEEN TO THE PARK YOU KNOW IT IS FAMILY-FRIENDLY.

PEOPLE COME THERE FOR THE EXCELLENT FOOD AND THE CAMARADERIE.

PEOPLE FROM THE AREA, THERE IS FOLKS FROM ALL OVER THE WORLD, ALL OVER THE COUNTRY.

BUT I HAVE BEEN THERE, AND I HAVE HEARD FOLKS THAT HAVE DRIVEN FOUR HOURS SPECIFICALLY TO GET TO THE PARK. THEY SEE IT, THEY LOVE THE VIBE. THE PLACE LOOKS LIKE BUSCH GARDENS. IT IS SUCH A COMPLEMENT TO THE CITY.

I MEAN, IF YOU HAVE SEEN THE LANDSCAPING, LOT OF MONEY. BECAUSE THEY WANTED IT TO BE A SHOWPLACE, A BEACON FOR SAINT AUGUSTINE. WHICH IT IS.

I'VE ALSO HEARD PEOPLE COME UP AND SAY HEY, WHAT DO YOU MEAN YOU DON'T SELL BEER? I JUST WANT A BEER WITH MY SANDWICH, MY BARBECUE, WHAT HAVE YOU.

SORRY KIDS. DADDY HAS DRIVEN FOUR HOURS TO GET HERE AND WERE GOING SOMEPLACE ELSE. IF THE ARGUMENT THAT SAFETY, I UNDERSTAND CONCERNS, FEARS, PHOBIAS. BUT THEY ARE UNFOUNDED. I'VE HEARD WORDS LIKE GRAVE CONCERNS. EVERYTHING IS IN THE FUTURE TENSE, NOT IN THE PAST OR IN THE PRESENT. COME ON. IT IS FUTURE TENSE.

[00:45:01]

IT WAS THE RIGHT DECISION LAST YEAR. IT IS THE RIGHT DECISION NOW.

FOLKS AND THINGS ARE NOT GOING TO GET CRAZY. OKAY.

THEY ARE GOING TO BE RESPONSIBLE GIVE THEM THE CHANCE. THANK YOU.

>> THANK YOU. BEVERLY FRAZIER HELLO. MY NAME IS RYAN TIERNEY, 1204

WILDE PALM COURT. >> BEFORE YOU START, I THINK WE'RE GOING TO NEED A SPEAKER CARD JUST FILL IT OUT AND HEADED INTO STAFF. -- AND HANDED IT INTO STAFF.

>> AM A SCHOOLTEACHER AND ALSO ONE OF THE OWNERS OF ONE OF THE FOOD TRUCKS AT THE VILLAGE GARDEN. I JUST WANT TO SAY THAT WE DEFINITELY APPROVE AND WOULD LIKE TO SEE BEER AND WINE SERVED AT OUR ESTABLISHMENT. THAT IS ONE OF THE TOP FIVE REQUESTS, IF NOT TOP TO REQUEST THAT WE GET FROM OUR PATRONS IS WHEN THEY GET A PIZZA, OR A BURGER, OR SOME OF OUR REALLY DELICIOUS FRIES. THEY SAY I WOULD LOVE TO ENJOY A BEER WITH THIS. NOT TO LOVE DRINK A SIXPACK OR WHOLE BOTTLE OF WINE OR I WOULD LOVE TO HAVE A BUNCH OF LIQUOR. IT IS A BEER, IT IS A WINE. IT IS NOT SOMETHING WE ARE TRYING TO CREATE A BIG PARTY ATMOSPHERE. IT IS A FAMILY-FRIENDLY PLACE.

I FEEL SAFE THERE. MY CHILDREN ARE THERE. THEY TRY TO HELP CLEAN UP THE AREA. WERE TRYING TO RAISE A FAMILY FUN PLACE WHERE THEY LOVE TO COME THERE. WE CELEBRATED MY DAUGHTER'S SIXTH BIRTHDAY THERE WITH A BUNCH OF HER FRIENDS AND A BUNCH OF OTHER TEACHERS AND THEIR FAMILIES.

I KNOW IT WOULD HAVE BEEN REALLY NICE IN THE EVENING, WHEN WE WERE DONE MAYBE HAVE A GLASS OF WINE, OR A BEER OR BE ABLE TO OFFER SOMETHING LIKE THAT TO OUR PATRONS.

THANK YOU VERY MUCH. >> THANK YOU. >> MY NAME IS PEGGY STEVENS.

I LIVE AT 130 WAS ON MENENDEZ PARK. I'VE LIVED THERE FOR 45 YEARS WE ARE PER MOST -- WE ARE PROPOSED TO THE PERMIT. I FIND IT INTERESTING, ALL BUT ONE PERSON THAT IS UP FOR IT DOES NOT LIVE IN THE MENENDEZ PARK NEIGHBORHOOD.

OVER THE YEARS, I HAVE WITNESSED MORE TRAFFIC, BICYCLES, DOG WALKERS, THIS HASN'T EVEN CHANGED IT HAS GOTTEN WORSE SINCE THEY HAVE PERMIT A YEAR AGO.

>> IT HAS BEEN STATED IN THEIR PETITION THAT OTHER BRICK-AND-MORTAR BUSINESSES HAVE BEEN ALLOWED TO SERVE BEER AND WINE AND THEY SHOULDN'T BE PUNISHED FOR THAT.

BUT THE DIFFERENCES, THEY ARE SERVING IN A CONFINED AREA AND ARE NOT OPEN IN THE EVENING THAT SPILLS OUT INTO THE NEIGHBORHOOD. THE EXAMPLE CLOSEST TO WHAT THEY HAVE IS A SMALL VERSION. WE ARE ALL FAMILIAR WITH THE DISTURBING FACTS THAT THE NEIGHBORHOOD HAS WITNESSED THROUGH THAT. IN CONTRAST, A SUCCESSFUL BUSINESS THAT DOES NOT SERVE BEER AND WINE IS OH STAINS. I HOSTED A MEET AND GREET GATHERING AT MY HOUSE WHEN THEY FIRST APPROACHED OUR NEIGHBORHOOD WITH THEIR DREAM OF TRANSFORMING THE UGLY CORNERSTONE TO MENENDEZ PARK. WE HAD CONCERNS OF INCREASE IN TRAFFIC AND QUESTIONS WITH THINGS THAT WERE GOING TO BE HAPPENING IF THEY WERE GRANTED THIS. A QUESTION CAME UP ABOUT THE SERVING OF ALCOHOL.

WE WERE TOLD, NO ALCOHOL WOULD BE SERVED THERE. WE AS A NEIGHBORHOOD ALL STOOD WITH THEM AND SUPPORTED THE CHANGE OF LAND USE TO MAKE IT POSSIBLE FOR THEM TO MAKE THEIR DREAM HAPPEN. THE ARTICLE ON THE RECORD THIS WEEK STATES THAT THEIR INTENTION ALL ALONG WAS TO SERVE BEER AND WINE. IF THIS IS GRANTED, WE SEE NO STOPPING BANDS, LATER HOURS AND OTHER ACTIVITIES THAT COME WITH SERVING ALCOHOL.

SUCCESS IS NOT BASED ON SERVING ALCOHOL. NOTHING GOOD COMES FROM IT.

I THINK YOU FOR YOUR TIME. >> THANK YOU. WE HAVE ONE MORE SPEAKER CARD, MR. ROBERT STORY. JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD.

[00:50:04]

>> I AM ROBERT STORY. I LIVE IT 1803 WISTERIA STREET IN MENENDEZ PARK.

I AM ONE OF THE FOUNDERS OF THE MENENDEZ PARK ASSOCIATION AND I MY CURRENT TRUSTEE THERE.

I AM HERE THIS MORNING AS A NEIGHBOR AND A MEMBER OF THE MENENDEZ PARK ASSOCIATION.

BEAR WITH ME JUST A MOMENT. ON JANUARY 18, 2018, MR. SCHNECK CAME BEFORE THIS AGENCY TO SEEK A SPECIAL USE PERMIT TO SELL BEER AND WINE BETWEEN NOON AND 10:00 P.M. SEVEN DAYS A WEEK IN CONJUNCTION WITH FOOD TRUCK SALES AT A SITE ON OLD A1A AT ALL BE TRUE.

ADDITION TO THE RESIDENTIAL NEIGHBORHOOD OF MENDOZA'S PART. YOU ARE ADVISED BY THE PLANNER, THAT THE PERMIT COULD BE GRANTED ONLY IF IT DID NOT CAUSE SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD OR SUBSTANTIALLY IMPAIR THE PURPOSE OR INTENT OF APPLICABLE CODES AND COMPANIES AND PLANS. VALERIE STUKES SAID THE PERMIT COULD BE PLANTED IF ONLY THE PROPOSED BEER AND WINE SALES AND CONSUMPTION ON SITE WERE COMPATIBLE WITH THE CONTINUOUS AND SURROUNDING AREA AND WERE NOT IMPOSE AN EXCESSIVE BURDEN BY A SUBSTANTIAL NEGATIVE IMPACT WHEN SURROUNDING OR ADJACENT USES. IN RESPONSE TO A QUESTION, VALERIE STUKES INDICATED THAT THE RESIDENTIAL NEIGHBORHOOD WAS LOCATED EAST OF THE FOOD TRUCK SITE. THE STAFF RECOMMENDED THAT THE SOUGHT AFTER SPECIAL USE PERMIT TO SELL BEER AND CONSUME WINE ON THE TRUCK SITE BE GRANTED. SUBJECT TO MINOR CONDITIONS.

HOWEVER, RESIDENTS OF MENENDEZ PARK APPEAL THIS AGENCIES' FINAL ORDER.

TO THE BOARD OF COUNTY COMMISSIONERS. ON APRIL 19, DENIED THE RESIDENTIAL USE PERMIT FOR REASONS THAT THE REQUESTER'S NONCOMPLIANCE WITH PART 12 OF A LAND OF ELEMENT CODE. THE REQUEST WAS CONTRARY TO THE PUBLIC INTEREST IN CONFLICT WITH THE SURROUNDING DEVELOPMENT. AND, THE REQUEST FAILED TO MEET THE REQUIREMENTS OF TABLE 2.0.31 OF THE LINKUP. AT THE GENDER 18 HEARING BEFORE THIS AGENCY, SCHNECK TESTIFIED THAT THE SALE AND CONSUMPTION OF BEER AND WINE AT THE SITE WOULD EITHER INCREASE TRAFFIC OR OPPOSE ANY TYPE OF PUBLIC THREAT. HE ALSO SAID "WE DO NOT PLAN OR ALLOW PEOPLE TO BRING THEIR OWN ALCOHOL ONTO THE SITE. IN A PETITION CIRCULATED BY THE FOOD TRUCK PARKED SEEKING COMMUNITY SUPPORT OF THIS NEW APPLICATION IT WAS SAID "PATRONS ARE CURRENTLY BRINGING IN THEIR OWN ALCOHOL. TAKING AWAY BUSINESS REVENUE.

THE OWNER'S WIFE CLAIMED NOT HAVING A LICENSE, I CANNOT RESPONSIVELY MONITOR HOW MUCH PATRONS ARE CONSUMING OR HOW MUCH ALCOHOL THEY ARE HAVING. WE ARE NOT A BAR, SHE SAID.

THIS IS NOT A SPACE WHERE PEOPLE ARE COMING TO GET WILD. THE MENENDEZ PARK ASSOCIATION WANTS TO KEEP IT THAT WAY. AND FOR THAT REASON AND OTHERS, WE REQUEST THAT YOU DENY THIS APPLICATION. IN ADDITION WE SAY WITHIN THE MEANING OF THE LAND OF ELEMENT CODE THE CURRENT OPERATION IS NOT A BONA FIDE RESTAURANT. THIS APPLICATION IS SIMPLY A TRANSPARENT SCHEME TO CIRCUMVENT THE INTENT OF THE CODE. THE CONSUMPTION OF BEER AND WINE AT THIS PARTICULAR LOCATION WILL NOT PROMOTE THE PUBLIC SAFETY MORALS.

A LIKELY INCREASE OF TRAFFIC ACCIDENTS INCLUDING AN ADEQUATE PARKING WI A DETRIMENT.

IF THAT BE SO, WHY IS THE APPLICANT SO ANXIOUS TO OBTAIN THE PERMIT.

WHO WILL ENSURE THAT MINIMUM CONSUMPTION WILL BE THE CASE. SERVING UP THE APPLICANT'S ATTORNEY. THE MENENDEZ PARK ASSOCIATION URGES YOU TO CONSIDER OUR OBJECTIONS AND TO HEED THE COMMONSENSE WISDOM OF THE RESIDENCE.

THEREFORE, WE RESPECT TO THE ASK THAT YOU DENY THIS PERMIT. THANK YOU.

TRAN30 MR. CHAIRMAN, THERE ARE NO OTHER SPEAKER CARDS. >> ANY OTHER PUBLIC SPEAKERS ON THIS ITEM? STEP FORWARD. GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND THEN YOU CAN TURN IN THE PUBLIC SPEAKER CARD TO THE STAFF.

>> I WOULD RECOMMEND IF THERE ANY OTHER SPEAKERS FOR THIS ITEM THAT THEY GO AHEAD AND APPROACH THE SECOND ELECTRON AT THIS TIME. IF THERE ARE.

>> MY NAME IS STREET. AS MY WIFE STATED, WE LIVE IN A NEIGHBORHOOD, OUR KIDS GO THERE, WE ENJOY THE ENVIRONMENT. EVERY TIME WE WALK OVER THERE, DOWN THE STREET, THERE IS NEVER A PROBLEM WE'VE NEVER HAD ANY ISSUES THERE. NO LOUD NOISE, NOTHING THAT CONCERNS US. AS A VETERAN, LIVING THERE, THEY HAVE BEEN GREAT TO US AND TO OTHER PEOPLE THAT HAVE COME THERE TO THE PARK. I ALSO WORK IN THE HOSPITALITY

[00:55:04]

THANK YOU. >> THANK YOU. LAST CALL FOR PUBLIC SPEAKERS.

SEEING THEN. IF WE CAN HAVE THE APPLICANT SUPPORT IF YOU'D LIKE TO RE- BUTTES OR ADD ANYTHING TO HIS PRESENTATION. NOW IS THE TIME TO DO IT.

THE APPLICANT. YES. >> THERE IS JUST IF FEW THINGS I WOULD LIKE TO TALK ABOUT. FIRST OF ALL, SINCE THIS LAST MEETING, YOU KNOW, WE HAVE NOT HAD ANY ISSUES. WE HAVE PROVEN OURSELVES THAT WE ARE RESPONSIBLE BUSINESS OWNERS.

YOU KNOW, AS FAR AS SOME OF THE PICTURES THAT WERE SHOWN. THOSE PICTURES ARE VERY, VERY OUTDATED, PROBABLY WHEN WE FIRST OPENED UP. THERE IS PLENTY OF OPEN PARKING SPOTS. THE LAST THING I WANT TO TALK ABOUT IS THE CRASH DATA THAT WAS SUBMITTED. THIS WAS BROUGHT UP AT THE LAST APPEAL.

THE SUPPORTING DOCUMENTS THAT INCLUDE THE CRASH DATA FOR OLD BEACH ROAD.

THEY ARGUING THAT OLD BEACH ROAD IS A DANGEROUS INTERSECTION AND OUR FOOD TRUCK IS GOING TO INCREASE THE AMOUNT OF ACCIDENTS ON THIS ROAD. I NOTICED THEY DECIDED TO INCLUDE ALL OF A1A WHICH MAX REPRESENTS THE DEBT DATA OF WHERE OUR PARK LIES.

I REACHED OUT TO THE COUNTY SHERIFF'S OFFICE WHO PROVIDED ME WITH THE CRASH IS WITHIN .2 MILES OF OUR PROPERTY. THIS CRASH DATA WHICH I HAVE PROVIDED LISTS EIGHT ACCIDENTS SINCE 2014 WITHIN .2 MILES OF OUR PART. I WOULD FURTHER CONCLUDE THAT COMMON SENSE WOULD SAY THAT OUR FOOD TRUCK PARK WAS SLOW DOWN TRAFFIC AND NOT INCREASE TRAFFIC. I WOULD ALSO SUGGEST YOU REACH OUT TO TRANS- ROTATION STAFFORD I KNOW THEY HAVE MORE DETAILED MODELS THAT SHOW EXACT POINTS OF WHERE

>> ANYTHING MORE TO ADD TO THE PUBLIC COMMENTS? >> I WOULD JUST SAY, YOU KNOW, WE ARE GOING TO GO THROUGH THE PROCESS OF MAKING SURE EVERYONE THAT IS SELLING BEER AND WINE GOES THROUGH THE TAX PROGRAM WHICH IS, YOU KNOW, WE WILL MAKE SURE THEY KNOW HOW TO SELL BEER AND WINE. RIGHT NOW PEOPLE ARE BRINGING BEER AND WINE ONTO THE PROPERTY AND WE CANNOT CONTROL THAT. REGULATION HAS TO BE MORE IMPORTANT THAN NONREGULATED AT

ALL. THANK YOU. >> YOU MIGHT WANT TO STAY UP

THERE. >> MR. SCHNECK, WOULD YOU BE WILLING TO AGREE TO A CONDITION THAT LIFT YOUR OPERATING HOURS ENDING AT 8:00 P.M. AT THIS POINT IN TIME FOR ANY OF THE

SPECIAL USE PERMIT? >> I WOULD PREFER 9:00 P.M. AS WE ACTUALLY ALREADY DISCUSSED INCREASING HOURS TO 9:00 P.M. REGARDLESS OF WHETHER WE GET A BEER, WINE LICENSE OR NOT.

JUST BECAUSE IN THE SUMMER HOURS IT DOESN'T GET DARK UNTIL AROUND 8:00 O'CLOCK.

9:00 P.M. WOULD BE FINE. >> HAVE A QUESTION FOR YOU THEN. WHAT HAS CHANGED IN YOUR BUSINESS MODEL SINCE THE BOARD OF COUNTY COMMISSIONERS DENIED THE ALLOWANCE BECAUSE OF THE

APPEAL? >> NOTHING HAS CHANGED IN OUR BUSINESS MODEL AT ALL.

THAT IS SOMETHING ELSE I WANTED TO TOUCH UPON. I HAVE NEVER SAID WE WOULD NOT SELL BEER AND WINE. IT HAS ALWAYS BEEN IN THE ORIGINAL PLANS.

I NEVER KNEW I HAD TO GET A SPECIAL USE PERMIT UNTIL AFTER WE GOT THE FIRST TO YOU KNOW, THE APPLICATION WAS APPROVED FOR THE FOOD TRUCK PARK. I WAS LATER TOLD THAT I COULD HAVE DONE BOTH SIMULTANEOUSLY. I HAD NO IDEA THAT WAS EVEN AN OPTION.

>> LET ME SAY THIS ANOTHER WAY. IF IT'S EVEN APPROVED TODAY, SOMEONE CAN GO AND APPEAL IT AND WE WILL GO BACK TO THE SAME FIVE FOLKS. WHAT HAS CHANGED AND HOW YOU ARE APPROACHING THIS? FROM THE TIME TO THE BCC REJECTED IT UNTIL NOW?

>> THE BIGGEST THING IS WE ARE OPEN NOW. PEOPLE DID NOT UNDERSTAND WHAT WE WERE HOW WE ARE GOING TO OPERATE. YOU KNOW, A LOT OF THIS WAS BASED OFF OF FEAR. THE FACT WE WERE NOT OPEN YET. NOW THAT WE ARE OPEN, PEOPLE CAN SEE WE ARE NOT A BAR. WE ARE A FAMILY FRIENDLY PLACE WHERE FAMILIES COME AND ENJOY.

>> HOW IS THE SALE OF ALCOHOLIC BEVERAGES GOING TO BE MANAGE THERE.

>> ARE NOT A RESTAURANT, AND YOU'RE REFERRING TO THAT, YOU AND YOUR WIFE, I GUESS.

WHERE IT'S DEFINED BY A DOOR, WALLS, AND YOU CAN GO IN WITHOUT, YOU KNOW, BEING APPROVED OR WHATNOT. HOW ARE YOU YOU DEFINING THIS AND HOW ARE YOU SELLING THIS?

>> LAST TIME WE WERE AT PLANNING AND ZONING THIS WAS BROUGHT UP. I THINK WHAT WE AGREED UPON AND WHY THEY APPROVED IT WAS THERE WAS A CONDITION THAT THEY WOULD PUT SOME TYPE OF DESIGNATED FENCE, OR SOME TYPE OF, YOU KNOW, WROTE, I DON'T KNOW EXACTLY THE CORRECT VERBIAGE

[01:00:03]

THAT WOULD DESIGNATE THE CONSUMPTION AREA. >> IS THE CONSUMPTION BEING SOLD VIA THE FOOD TRUCKS OR IS IT BEING SOLD FROM A DIFFERENT BOOTH THAT IS YOUR BOOTH?

>> THE SCHNECK FAMILY FOOD TRUCK PARK OWNS A CAFÉ WHICH IS ATTACHED TO THE BUILDING.

THAT WOULD BE THE ONLY PLACE THAT WOULD SELL BEER AND WINE. >> WILL CARD PEOPLE THERE.

ONCE IT PASSES THE COUNTERTOP IT'S HARD TO DEFINE WHO IS POTENTIALLY CONSUMING IT.

>> YEAH, THAT WE WOULD HAVE A BARTENDER WHOSE JOB IT WOULD BE TO DECIDE, YOU KNOW, IF THAT PERSON WAS CARTED OR NOT. AND WHERE THEY ARE DRINKING THE BEER AND WINE.

>> ALL RIGHT. >> MR. SCHNECK? I HAVE ANOTHER QUESTION FOR YOU.

I SHOW UP WITH FIVE OF MY FRIENDS AND DISCOVER, FOR THE FIRST TIME, THAT I CAN'T DRINK A BEER BECAUSE YOU DO NOT SELL BEER. WHAT IS TO KEEP ME FROM WALKING

ACROSS THE STREET AND BUYING AN IN OVER THERE DRINKING IT? >> RIGHT NOW NOTHING.

IF WE HAD A BEER AND WINE LICENSE THERE WOULD BE A DESIGNATED AREA AND A BARTENDER WHOSE SOLE MISSION IS TO MAKE SURE ALL OF THE BEER AND WINE CONSUMED ON PROPERTY SOLD BY US.

>> IF I BROUGHT THAT SIXPACK OVER THERE AND TWO OF THEM WERE LEFT OVER I COULD LEAVE WITH

THOSE TWO, RIGHT? >> CURRENTLY. >> THANK YOU.

>> WANT TO MENTION THE AGENCY, THE PREMISE OF BEING ABLE TO SORT OF BRING YOUR OWN ONTO THE PROPERTY AGAIN, JUST IN THIS VERY BRIEF TIME FRAME. WE HAVE BEEN ABLE TO CONFIRM OR DENY THAT THAT IS LAWFUL. JUST SAYING WE DON'T HAVE THE BOTTOM LINE.

FOR THAT ASPECT, AT THIS POINT, I WOULD USE THAT AS A BASIS ONE WAY OR THE OTHER.

THANK YOU. >> JUST TO GET ON THAT A LITTLE BIT.

YOU AS A PRIVATE PROPERTY OWNER, YOU CANNOT GO INTO A RESORT AND BRING YOUR OWN ALCOHOL.

THEY'RE GOING TO SAY STOP, YOU KNOW, RIGHT? THE PRIVATE PROPERTY OWNER HAS THE ABILITY TO CONTROL IF ALCOHOL IS BEING BROUGHT IN AND ALLOWED TO BE CONSUMED ON THE

PROPERTY. >> THINK THE PRIVATE PROPERTY OWNER HAS THE RIGHT TO RESTRICT THAT. THAT IS OUR PROPERTY RIGHT TO DO THAT.

WHETHER A COMMERCIAL PROPERTY OWNER HAS THE RIGHT TO ALLOW BASICALLY CONSUMERS, CUSTOMERS, TO COME IN AND BRING THEIR OWN. THERE IS SOME ASPECTS OF THE SO-CALLED BOTTLE CLUBS AND AGAIN WE JUST HAVE NOT HAD ENOUGH OPPORTUNITY TO REVIEW WHETHER THIS WOULD FALL UNDER THOSE RULES OR NOT. I THINK AT THIS POINT, IF THAT ELEMENT IS A CRITICAL ASPECT OF THE AGENCY'S DECISION, IF IT IS A CRITICAL ASPECT OF THE AGENCY'S DECISION, THE ABILITY TO DO THAT OR NOT TO DO THAT. WHAT I WOULD RECOMMEND IS, I THINK RESCHEDULING, OR BASICALLY CONTINUING THIS ITEM, I THINK UNTIL THE NEXT MEETING. BY THEN WE WOULD HAVE THE OPPORTUNITY TO INFORM THE AGENCY FOR THAT SCENARIO WHETHER IT IS A LAWFUL SCENARIO OR UNLAWFUL SCENARIO. SITTING HERE RIGHT NOW, TO REALLY GET TO THE BOTTOM LINE ON THAT. ENKE. -- THANK YOU.

>> ANY QUESTIONS FOR THE APPLICANT? >> THERE IS A CLEAR DIFFERENCE FOR WHAT HAS BEEN NARRATED HERE. A NUMBER OF FOLKS HAVE SAID THAT YOU TOLD HIM THERE WOULD NEVER BE ALCOHOL SOLD ON THE PREMISES. HERE NOW TODAY YOU ARE SAYING THAT YOU WANT TO SELL ALCOHOL ON THE PREMISES. TO ME THE ISSUE IS NOT HERE, BUT WHETHER THERE WAS A VARICK VACATION AND ALL THAT. I WOULD LIKE TO GET CLOSER TO THE REALITY OF WHAT WAS PROMISED

AND WHAT YOUR CURRENT POSITION IS? >> I WOULD GO ON THE RECORD SAYING I NEVER SAID WE WOULD NOT SELL ALCOHOL ON THE PROPERTY. WE SEND OUT NUMEROUS LETTERS TO THE COMMUNITY. IF THEY WANT TO BRING THOSE LETTERS UP IT WILL SHOW THAT WE NEVER SAID THAT WE WOULD NEVER SELL BEER AND WINE. IN PERSON I'VE NEVER SAID WE

WOULD NOT SELL BEER OR WINE AS WELL. >> THANK YOU.

>> THE AGENCY WOULD HAVE THE OPPORTUNITY OF PUTTING THE APPLICANT UNDER OATH AND PUTTING THE PUBLIC SPEAKERS WHO HAD MADE THE ALLEGATIONS OF THE STATEMENT UNDER OATH AND SEE IF THEIR

[01:05:01]

I JUST WANTED TO INFORM YOU. >> THANK YOU. ANY OTHER QUESTIONS FOR THE

APPLICANT? DOCTOR MCCORMICK? >> YEAH, MR. CHAIR, I HAVE BEEN AT THE FOOD COURT, SEVERAL TIMES, WITH MY FAMILY AND THAT INCLUDES MY GRANDKIDS.

I HAVE A VERY FAVORABLE OPINION OF THE FOOD PART. AT THE SAME TIME, I WAS VERY HAPPY, THERE WAS NO WINE AND BEER SOLD. THE LIQUOR STORE YOU'RE ALL TALKING ABOUT, I THINK THAT IS CLOSE TO. THAT'S NOT EVEN IN THE AREA ANYMORE. ONE OF THE THINGS WE HAVE HEARD FROM THE SHERIFF, WE RECEIVED A LETTER FROM HIM IN OPPOSITION FOR THE SAFETY REASONS. I SEE IN THE BACK, MR. CHAIRMAN, THE FIRE CHIEF FOR OUR COUNTY, AND I WOULD LIKE TO HEAR WHAT THE FIRE DEPARTMENT HAS TO SAY ABOUT THAT LOCATION, IF HE IS WILLING TO TESTIFY. I THINK HE IS.

>> IN THE MEANTIME MR. SCHNECK, I THINK THE FOLDERS YOU HAVE IN YOUR HANDS RIGHT NOW I HAD BORROWED FROM DOCTOR MCCORMICK. IF YOU ARE DONE WITH THOSE I AND RETURN THEM TO DOCTOR MCCORMICK.

>> THE CHIEF HAS NOT HAD AN OPPORTUNITY TO REVIEW THIS APPLICATION.

HE IS HERE FOR A ANOTHER APPLICATION. HE CAN'T COMMENT ON SAFETY

WITHOUT HAVING THOROUGH REVIEW. >> UNDERSTOOD. >> MR. WAINWRIGHT?

>> IF IT IS APPROPRIATE, I WOULD LIKE TO ASK THE OPINION OF THE COUNTY TRAFFIC EXPERT, IF THIS

IS AN APPROPRIATE TIME FOR THAT? >> NOW WOULD BE A GREAT TIME TO ASK.

>> COULD YOU HELP US WITH THAT. >> GOOD AFTERNOON. WHAT IS THE SPECIFIC QUESTION TO AN QUESTIONS. ARE THERE TRAFFIC CONDITIONS THERE MADE MORE HAZARDOUS BY THE PRESENCE OF THIS FACILITY? THE SECOND QUESTION IS, HOW WILL THE ADDITIONAL SALE OF ALCOHOLIC

BEVERAGES AFFECT THAT? >> CERTAINLY. IN TERMS OF THE LAYOUT OF THE ROAD, AND THE CONFIGURATION OF THINGS CURRENTLY. I DO KNOW WE HAVE THESE NO PARKING SIGNS POSTED THERE NOW. PARKING IS PROHIBITED ALONG THE RIGHT-OF-WAY THERE.

DEDICATED PARKING FOR THEM WOULD BE ON THE ACTUAL FACILITY. WE LOOKED AT CRASH DATA SINCE THEY HAVE BEEN OPEN. OF THE 12 CRASH AS WE WERE ABLE TO PULL OFF THE AREA, CURRENTLY IN THE MCDONALD'S PARKING LOT, THEY WERE JUST MISMATCHED. AND THEN A LARGE PORTION OF THE OTHER ONES WERE IN NORTHBOUND TRAFFIC, SOUTH OF THERE. GETTING INTO ACCIDENTS WITH EASTBOUND TRAFFIC ON OLD BEACH. MOST OF THOSE OTHER ACCIDENTS OCCURRED SOUTH OF WHERE THEIR LOCATION WAS. AGAIN, ANOTHER LARGE SHOP OF THE MCDONALD'S PARKING LOT.

I DIDN'T ACTUALLY SEE AS I REVIEWED THOSE TRAFFIC REPORTS ANYTHING THAT SPECIFICALLY CALLED OUT ANY OF THE PARTIES TO ACCIDENTS BEING FROM THE FOOD TRUCK.

HAVING RECENTLY VISITED THAT ESTABLISHMENT. IN TERMS OF GENERATION, I WOULD REFER TO THE TRANSPORTATION PLANNER IN TERMS OF WHAT THE STUDIES SHOW.

I'M NOT AS FAMILIAR WITH THAT. IN TERMS OF THE FUNCTIONING OF THE INTERSECTION, AND ANY TRAFFIC CHANGES THAT HAVE BEEN SEEN SINCE THEY OPENED. I WOULD SAY OF THE CRASH DATA THAT WE HAVE, THAT WE HAVE BEEN ABLE TO REVIEW. HAVE NOT SEEN ANYTHING THAT IS INDICATIVE THAT WE ARE SEEING ANYTHING THAT HAS BEEN CALLED OUT AS PERTAINING TO TRAFFIC TO

AND FROM THE FOOD TRUCKS. >> GOOD AFTERNOON. TRANSPORTATION PLANNING.

THE QUESTION REGARDING ALCOHOL? THERE IS NO STUDIES THAT I'M AWARE OF THAT WOULD GIVE US ANY DATA TO SUPPORT THE CLAIM THAT HAVING ALCOHOL WOULD CAUSE THE ESTABLISHMENT TO GENERATE ADDITIONAL TRAFFIC OR MORE TRAFFIC. THERE IS NO WAY FOR US TO ANSWER

THAT QUESTION WITHOUT THE DATA TO SUPPORT IT. >> THANK YOU.

>> AS I READ THE CATEGORIES OF USES THAT ARE ALLOWED BY RIGHT. CORRECT ME IF I AM WRONG.

BUT VEHICLE SALES AND RENTAL TRUCK STOPS, CARWASH FACILITIES, CONVENIENCE STORES, WITH OR WITHOUT GAS PUMPS. NEWSPAPER PRINTING, BARS, LOUNGES, NIGHTCLUBS, RESTAURANTS

[01:10:09]

I THINK THERE ALSO WAS AN ADULT AMUSEMENT GAME PLACES. I JUST LOST IT.

ARE ALL OF THOSE THINGS ALLOWED BY RIGHT IN THE DISTRICT? >> I'M GOING TO QUESTION THIS A LITTLE BIT DIFFERENT TOWARDS YOU, AND I APOLOGIZE FOR IT. THE CI USES, YES, BUT THIS IS A CI CONDITIONAL ORDINANCE. THE BOARD OF COUNTY COMMISSIONERS APPROVED.

WHAT IS ALLOWED IN THIS, ALL USES ALLOWED BY RIGHT IN THE COMMERCIAL GENERAL DISTRICT ARE ALLOWED. USES ALLOWED BY SPECIAL USE IN THE COMMERCIAL GENERAL ZONING DISTRICT MAY BE ALLOWED PENDING THE APPROVAL OF THE SPECIAL USE PERMIT.

AND THEN 2, NO ADDITIONAL USES BY RIGHT FOR SPECIAL USE IN THE COMMERCIAL INTENSIVE ZONING DISTRICT ARE ALLOWED WITH THE EXCEPTION OF MOBILE SALE UNITS. SPECIFICALLY MOBILE FOOD DISPENSING VEHICLES WITH ASSOCIATE OUTDOOR SALES AND ACTIVITIES.

THAT IS WHAT THE BOARD OF COUNTY COMMISSIONERS APPROVED FOR THIS PARTICULAR SITE.

>> THE USES THAT YOU NAME ARE NOT ALLOWED ON THE SITE. >> BUT ARE THE COMMERCIAL GENERAL USES ALLOWED, OR IT'S REALLY RESTRICTED TO THIS PARTICULAR USE?

I COULD FOLLOW. >> COMMERCIAL GENERAL USES ARE ALLOWED.

THERE COULD BE TRADE SCHOOLS, BED AND BREAKFASTS, SUPPLY CENTERS, OUTDOOR PLANT SALES,

GAS STATIONS, ALL OF THESE THINGS APPEAR TO BE? >> ANY USES WITHIN THE ZONING

DISTRICT. >> STAFF'S OPINION THAT SOME OF THOSE MORE INTENSE USES NAMED WOULD BE LESS COMPATIBLE THAN THE PROPOSAL HERE BEFORE US TODAY?

>> THOSE USES WOULD BE ALLOWED BY RIGHT, OR BY SPECIAL USE DEPENDING ON WHAT THAT PARTICULAR USE IS. WE HAVE SCREENING, BUFFERING SCREENING, AND LANDSCAPING STANDARDS THAT WE ARE TRYING TO ADDRESS SOME OF THOSE COMPATIBILITY ISSUES.

PROPERTY WOULD ALLOW FOR THOSE WITH THE ZONING HAD WHICH IS CURRENTLY ON THERE.

>> THANK YOU. >> DO WE HAVE ANY COMMENTS OR QUESTIONS.

IF NOBODY HAS ANY MORE QUESTIONS OR COMMENTS, I AM READY TO MOVE ON A MOTION.

>> I WANTED TO MAKE A COMMENT REGARDING THIS. IN MY OPINION OF A.

FIRST OF ALL THEY WANT TO THANK EVERYONE FOR COMING OUT TODAY. I ALWAYS ENJOY HEARING, YOU KNOW, THE CONCERNS AND PEOPLE COMING FORWARD EXPRESSING THEIR IDEAS.

I AM ALWAYS IN PHARAOH SMALL BUSINESSES. THESE YOUNG PROFESSIONALS COMING THROUGH, TRYING TO GROW THEIR BUSINESS. I'M ALSO A VERY BIG SUPPORTER OF THE FOOD TRUCKS. I THINK THEY HAVE BEEN GREAT. THEY HAVE GROWN VERY POPULAR.

YOU KNOW, THEY ARE OUTSTANDING. I DID APPROVE THIS THE LAST TIME.

I DID HAVE SOME CONCERNS WITH THE PARKING. HOWEVER, I REALLY FEEL LIKE, YOU KNOW, WE HAVE TO LOOK AT THE SAFETY ASPECT OF IT. IN MY CONVERSATION WITH THE UNDERSHERIFF YESTERDAY, AND THEN RECEIVING THIS LETTER FROM THE SHERIFF WHERE HE SAYS, INTRODUCING ALCOHOL SALES TO THE FOOD TRUCK MODEL WILL UNDOUBTEDLY CREATE A WHOLE HOST OF LAW ENFORCEMENT CHALLENGES AND LEGITIMATE PUBLIC SAFETY ISSUES, ESPECIALLY IN THE AREA IN QUESTION, CLOSE PROXIMITY TO THE RESIDENTIAL NEIGHBORS. THAT IS KIND OF LIKE THE ICING ON THE CAKE FOR ME. I HAVE TO STAND WITH OUR LAW ENFORCEMENT.

>> MR. CHAIR IF I MAY. IF THERE WAS ANY SUBSTANTIVE COMMENTS FROM THE UNDERSHERIFF, THAT ARE SORT OF OUTSIDE THE SCOPE OF THE LETTER, I THINK YOU SHOULD PROBABLY GO AHEAD AND DESCRIBE THOSE AND THE APPLICANT SHOULD HAVE AN OPPORTUNITY TO REBUT THOSE IF THEY ARE SOMETHING OUTSIDE OF THAT LETTER TRY 20 THANK YOU. I THINK THE LETTER PRETTY MUCH SPEAKS FOR ITSELF. MY CONVERSATION WITH THE UNDERSHERIFF WAS JUST BASICALLY WITH THIS LETTER REACHED AT THE COUNTY COMMISSIONERS GOT IT RIGHT.

TRENT MR. WAINWRIGHT A QUESTION? >> WANTED TO COMMENT BEFORE YOU GET A MOTION.

>> FOR ME THIS IS A CLOSE CALL. >> I WANT TO SUPPORT IT, BUT I CAN'T.

THIS CHANGES THE COMPLEXION OF THE NEIGHBORHOOD IN MY VIEW. THIS IS NOT COMPATIBLE WITH THE COMMUNITY THAT IS THERE. I ALSO VOTED POSITIVELY FOR THIS THE FIRST TIME THROUGH.

[01:15:06]

NEIGHBORHOOD THAT EXISTS THERE NOW. >> THANK YOU.

MR. MARTIN, AGAIN? >> I VOTED IN FAVOR OF THE APPLICANT'S LAST NIGHT.

I'M GOING TO VOTE IN FAVOR OF THEM THIS TIME. MY OPINION HAS NOT CHANGED.

I DON'T SEE ANY EVIDENCE THAT INTRODUCING BEER AND WINE TO THE ESTABLISHMENT TO THAT THEY HAVE CREATED WOULD HAVE ANY NEGATIVE IMPACT ON THE AREA. I THINK THEY HAVE PROVEN THAT THEY ARE NOT OUT TO RUN A BAR OR A ROWDY KIND OF BUSINESS. IT IS A FAMILY ATMOSPHERE.

I HAVE DRIVEN BY IT A NUMBER OF TIMES. I HAVE NOT HAD A CHANCE TO ACTUALLY VISIT AS A CUSTOMER. I'VE NEVER SEEN TRAFFIC PARKED ON THE SIDE OF THE ROAD THE SEVERAL TIMES I HAVE BEEN BY. THEY HAVE DONE SOME WONDERFUL THINGS TO APPROVE THAT -- IMPROVE THE PROPERTY. I AM GOING TO SUPPORT GROWING THEIR BUSINESS.

>> DOCTOR MCCORMICK. >> I AM NOT GOING TO SUPPORT THIS PROPOSAL.

IF IT COMES TO VOTE, I'M GOING TO VOTE TO DENY IT. >> MR. MIND YOU WANT TO MAKE A

MOTION. >> DOESN'T APPEAR I WILL HAVE THE VOTES.

I WILL MAKE A MOTION TO APPROVE. THE SPECIAL USE PERMIT TO ALLOW FOR THE ON-SITE SALE AND CONSUMPTION OF BEER AND WINE CONSISTENT WITH THE STATE OF FLORIDA TYPE TWO 2COP LICENSE.

SPECIFICALLY LOCATED AT 1480 SOUTH OLD AA, SUBJECT TO THE 10 CONDITIONS AND FINDINGS.

>> I WOULD LIKE TO SECOND THE MOTION, BUT I WOULD LIKE TO ASK THE MOTION IF HE WOULD ACCEPT A

FRIENDLY AMENDMENT TO RESTRICT THE HOURS OF OPERATION? >> YES, I WOULD.

9:00 P.M. WAS THAT? YES, I WOULD. >> THAT WOULD BE THE 11

CONDITION WITH THE HOURS OF OPERATION AT 9:00 P.M. >> WE HAVE A MOTION ON A SECOND

AND AMENDMENT. >> JUST FOR CLARIFICATION, WITH THOSE HOURS AS UNDERSTOOD BY THE AGENCY PERTAINING TO ALL ACTIVITY ON THE PROPERTY, NOT JUST THE SALE OF ALCOHOL?

>> I WOULD ASSUME THAT WOULD ALSO COVER THINGS LIKE AMPLIFIED MUSIC AND SALE OF FOOD.

THAT IS THEIR HOURS OF OPERATION. >> OKAY.

>> ARRAY. WE HAVE A MOTION AT A SECOND. I WILL NOTE MY THOUGHTS NOT THAT I'M TRYING TO PERSUADE ANYONE DIFFERENTLY. THIS IS AN INTERESTING SITUATION, BECAUSE, YOU KNOW, THIS WAS THE FIRST OF FOOD TRUCK EVER TO ROLL INTO THE COUNTY HERE, I THINK IT'S THE ONLY ONE. IT'S SOMEWHAT BEING COMPARED TO A FREESTANDING RESTAURANT THAT HAS DEFINABLE WALLS, A DOOR, YOU CAN GO INSIDE, YOU KNOW, AMPLIFIED MUSIC IS INSIDE ALCOHOLIC CONSUMPTION COULD BE OUTSIDE, BUT HAS A REGULATION TO IT.

IT'S MOSTLY INSIDE. SO I CAN SEE THE UNEASINESS. I SHARE THE UNKNOWN POTENTIAL THAT THIS THING COULD OR COULD NOT HAVE TO THE RESIDENTIAL AREA THERE.

WITH THAT SAID, YOU KNOW, THERE WAS A BAR BEFORE. FROM WHAT I UNDERSTAND A BIT OF A ROWDY PLACE. BUT, I WOULD SAY, I WOULD SUPPORT IT WITH JUST THE IDEA THAT ANYONE, YOU KNOW, AGAIN APPEAL THIS. I WOULD LIKE TO SEE IT TRY TO BE SUCCESSFUL BECAUSE ON THE MEANTIME. IF IT IS A COMPLETE NEGATIVE TO THE COMMUNITY, THEN I WOULD ABSOLUTELY BE AGAINST THAT AS WELL.

I THINK YOU HAVE TO GIVE THEM THE BENEFIT OF THE DOUBT. THERE IS NO BOX THAT THIS CODE

THING FITS IN MY OPINION HERE. >> I WOULD SUPPORT IT. IF THERE IS NO OTHER COMMENTS WE WILL GO AHEAD AND VOTE.

MOTION IS TIED WHICH IS A TECHNICAL DENIAL IS THAT CORRECT?

>> FAILURE TO RECEIVE A MAJORITY ACTION WOULD CONSTITUTE A DENIAL.

UNLESS THERE IS ANY OTHER MOTION TO BE MADE, BY THE AGENCY ON THIS ITEM, THE PRESENT VOTE

WOULD CONSTITUTE A TECHNICAL DENIAL. >> WE LOOK FOR ANOTHER MOTION,

OR ANY FURTHER DISCUSSION? >> MR. CHAIRMAN, I WOULD JUST SAY, I MEAN, IT APPEARS THERE IS

[01:20:04]

ELSE CAN RAISE THAT. >> NOW IS A TIME FOR ANYONE WHO HAS.

>> I JUST WANT TO ASK A STAFF, IS THE APPLICANT ABLE TO APPEAL FALLS ON THIS CASE TO THE BOARD?

>> MY QUESTION IS, IS THE APPLICANT ABLE TO APPEAL THE DECISION OF THIS BODY TODAY AS

IT CURRENTLY IS TO THE BOARD? >> YES, THEY WOULD. >> JUST FOR THE AGENCY SO THAT THE ORDER THAT WILL BE WRITTEN THROUGH STAFF PERTAINING TO THIS , WOULD INCLUDE THE SECTION HERE, FAILURE. TO RECEIVE MAJORITY ACTION. IT WOULD INDICATE THAT THE AGENCY WAS UNABLE TO FIND COMPLIANCE WITH THOSE SPECIAL USE CODE PROVISIONS AS OUTLINED IN YOUR AGENDA. IT WAS SORT OF GO UP AS A 3-3. TECHNICALLY WE HAVE TWO-POINT TWO THE CODE PROVISIONS. NOT TO SAY THAT THEY WERE FOUND TO BE NOT IN COMPLIANCE, JUST THAT THEY WERE UNABLE, BY AGENCY MAJORITY TO FIND COMPLIANCE WITH THAT.

THANK YOU. >> THIS IS WHEN I WISH WE HAD MUSIC BACKGROUND.

I THINK MR. WHITEHOUSE WANTED TO OFFER ANOTHER CONDITION. THE AGENCY MAY BEYOND THAT AT THIS POINT. IT'S REALLY UP TO THE AGENCY, OR IF THE AGENCY IS WILLING TO

ENTERTAIN? >> WE WILL ENTERTAIN. >> FOR THE RECORD MY NAMES IS JAMES WHITEHOUSE. ST. JOHN'S HERE AND SAINT AUGUSTINE.

ON BEHALF OF THE APPLICANT. AS YOU KNOW, I CEMENTED THE APPLICATION AND THE APPLICANT PRESENTED THE APPLICATION HIMSELF. ONE OF THE THINGS THAT CAME UP DURING THE PAST DISCUSSION HERE SINCE WE HAVE A SPLIT VOTE AND THERE HAS BEEN SOME SAFETY CONCERNS IN THE PAST AND I TALKED TO PATRICK ABOUT THAT. IN THE PAST, ON SOME APPLICATIONS FROM THIS AGENCY, ON THE BOARD OF COUNTY COMMISSIONERS OR OTHER BOARDS IN OUR LOCAL JURISDICTION. THEY PUT IN CONDITIONS AND THINGS LIKE THIS WHERE IF THERE IS OF FOUNDED COMPLAINTS WITHIN A SIX MONTH OR YEAR TIME FRAME THAT HAS TO COME BACK TO.

YOU KNOW, IF THAT WOULD HELP POSSIBLY WITH SOME OF THE SAFETY CONCERNS.

I SEE THAT THE SPLIT IN THE DISCUSSION, I UNDERSTAND ALL OF THE OPPOSING VIEWPOINTS ON THIS.

YOU KNOW, THE APPLICANT I THINK WOULD BE AMENABLE TO ADDING THAT IN AS A CONDITION IF ANY OF THE VOTES WHO ARE CONCERNED WITH THE NOW MIGHT BE WILLING TO CONSIDER THAT.

TO MOVE THIS FORWARD. I THINK THE LANGUAGE COULD BE WORKED OUT.

SOMETHING TO THE EFFECT IF THERE ARE, YOU KNOW, A CERTAIN NUMBER OF COMPLAINTS, FOUNDED COMPLAINTS WITHIN SIX MONTHS OR A YEAR, THAT THIS PARTICULAR SPECIAL USE PERMIT WOULD HAVE TO COME BACK BEFORE THIS AGENCY FOR REVIEW. AND THAT IF THOSE THINGS WERE FOUNDED BECAUSE LIKE YOU KNOW WHEN THIS WAS FIRST APPROVED FOZ HIM IN THE MAJORITY OF YOU GUYS GUYS APPROVED IT LAST TIME. YOU KNOW, WE DIDN'T KNOW WHAT THIS IS GOING TO BE AND THAT IS WHY, LIKE I SAID, THEY ARE BACK BEFORE YOU TODAY. THEY ARE AMENABLE TO PUT THAT CONDITION AND IF ANYBODY WOULD CONSIDER THAT. THANK YOU.

>> THAT SPECIFIC CONDITION -- THIS APPLICATION ACTUALLY HAD VARIOUS PERMITS.

ONE OF THOSE PERMITS IS DESIGN REVIEW PERMIT FOR ARCHITECTURAL. THAT CONDITION WAS ACTUALLY IN THEIR DESIGN REVIEW. I THINK IT WAS ONE FOUND A COMPLAINT WITHIN ONE YEAR.

THEY ACTUALLY DID HAVE TO GO BACK BEFORE THE DESIGN REVIEW BOARD AND TALK ABOUT THEIR LANDSCAPING. AND TALK ABOUT THE NONCOMPLIANCE WITH THE SITE DESIGN VERSUS WHAT WHAT HAS ACTUALLY BEEN CONCERNED GRADE YOU THAT IS A MECHANISM THAT THIS APPLICANT IS FAMILIAR WITH WITH ANOTHER BOARD. THAT CONDITION WAS PRESENT BECAUSE SOME OF THE MEMBERS OF

[01:25:07]

>> THANK YOU. I DO KNOW HOW COMFORTABLE THE THREE NO VOTES ON THAT?

>> MY QUESTION THERE WOULD BE WHO DETERMINES HOW MANY COMPLAINTS AND WHAT CONSTITUTES,

I FORGET THE WORD YOU JUST USE, BASICALLY >> THIS AGENCY WOULD DETERMINE BECAUSE IT IS YOUR CONDITION. YOU WOULD DETERMINE HOW MANY, WHAT AMOUNT OF TIME A WHAT CONSTITUTES A COMPLAINT. YOU KNOW KEEPING INTO ACCOUNT THE PROPOSED -- CONTRA 20 AM KIND WITH YOU MR. CHAIRMAN. I'M NOT SURE I'M COMFORTABLE WITH TAKING THOSE NUMBERS UP OUT

OF THE AIR. >> NEITHER AM I. YOU KNOW, WHAT IS A VALID COMPLAINT WOULD BE THE FIRST THING I WOULD QUESTION THERE. SOMEONE COULD EASILY SAY, SOMETHING HAPPENED WHICH MAY NOT EXACTLY HAVE HAPPENED. I DON'T PARTICULARLY WANT TO BE THE POLICEMAN IN THE SITUATION AND HAVE THEM COME BACK TO US AND TELL THEM TO PLANT ANOTHER

PALM STRING OR SOMETHING. >> IF THERE'S NO OTHER DISCUSSION ABOUT THAT, I WILL

FORGO MY COMMENT. >> WE HAVE TAKEN ABOUT. THIS HAS BEEN A VERY OPEN AND THOROUGH HEARING. WE HAVE GONE TO THE PROCESS. THEY STILL HAVE ANOTHER STEP THAT THEY CAN TAKE IF THEY WISH. IT SEEMS TO ME, I'M ONLY SPEAKING FOR MYSELF.

WE'VE DONE OUR JOB HERE. >> WE HAVE DONE A GREAT JOB. >> WE USUALLY DO A GREAT JOB.

ALL OF US. I THINK THAT JOB TODAY IS COMPLETE WITH RESPECT TO THIS

ISSUE. >> AS THE CHAIR, I DON'T SEE ANY OF THE OPPOSITION OF THE THREE VOTES IN THE NAE COMING FORWARD TO CHANGE THIS. I WOULD SAY LET'S MOVE ON.

YOU HAVE 10 SECONDS. ALL RIGHT, WE ARE GOING TO TAKE A SHORT RECESS BECAUSE WE HAVE

[Item 2]

>>> WE ARE BACK FOR ITEM NUMBER TWO. MR. CHAIR, IF YOU HAD ANY COMMUNICATIONS, OR ANY SITE VISITS, NOW WOULD BE THE TIME TO DISCUSS.

>> THANK YOU MR. CHAIRMAN, I DID HAVE A DISCUSSION YESTERDAY WITH AVERY SMITH REGARDING AGENDA

ITEM NUMBER TWO. >> ALSO HAD A DISCUSSION WITH AVERY SMITH THIS WEEK ABOUT THE

APPLICATION. >> MR. WAINWRIGHT? >> I ALSO.

>> MR. MARTIN? >> SORRY, MR. CHAIRMAN, I DID GET A PHONE MESSAGE FROM HER AND

TRIED TO RETURN HER CALL EARLIER TODAY I WAS NOT SUCCESSFUL. >> SPOKE WITH MS. AVERY SMITH,

AS WELL AS MR. MAYS ABOUT THIS PZA MEETING A WHILE BACK. >> WE EXCHANGED MESSAGES, SAYING

HELLO, HELLO. >> HELLO, HELLO. ALL RIGHT.

BEVERLY FRAZIER, HOW ARE YOU? THE FLOOR IS YOURS. >> CAN YOU HEAR ME NOW? AGENDA ITEM NUMBER TWO IS A MINOR MODIFICATION, 2019-15 OF THE PLAYERS CLUB PUD PGA TOUR.

THIS IS A REQUEST TO THE PLAYERS CLUB PUD ORDINANCE 2017-44 TO ALLOW FOR THE RELOCATION OF THE COMMUNICATION TOWER WITHIN A PARCEL AS DEPICTED ON THE MASTER DEVELOPMENT PLAN.

THE LOCATION OF THE SUBJECT PROPERTY WEST OF A1A NORTH. THE PLAYERS CLUB PUD.

AN AERIAL MAP SHOWS THE SUBJECT PROPERTY CURRENTLY UNDER CONSTRUCTION WITH A GLOBAL HOME OF THE PGA TOUR. IT DOES HAVE SURROUNDING DEVELOPMENTS OF RESIDENTIAL, OFFICE, COMMERCIAL AND PUBLIC SERVICE. THE MODIFICATION IS LIMITED TO THE MDP MAP CHANGE TO RELOCATE THE COMMUNICATION TOWER WITHIN THE TOUR NORTH PARCEL.

THE INITIAL REQUEST FOR THE TOWER RELOCATION FROM THE ANNEX PAREL TO THE TOUR PARCEL WAS

[01:30:05]

THE UPDATED MASTER DEVELOPMENT PLAN CONSOLIDATED THE 1 POINT-ACRE ANNEXED PARCEL WITH PARCELS CONSOLIDATED ALLOWABLE USES MODIFY THE UNIFIED SIGN PLAN AS WELL AS PROVIDED WAIVERS FOR THE POTBELLY OVERLAY DESIGN STANDARDS FOR THE GLOBAL HOME. THIS IS A LOOK AT THE APPROVED MASTER DEVELOPMENT PLAN MAP. AS YOU CAN SEE OUTLINED IN BLUE IS THE APPROVED LOCATION FOR THE RELOCATION TOWER ON THE NORTHERN PORTION OF THE NORTH SECTION OF THE PARCEL.

THE PROPOSED NDP MAP SHOWN ON THE RIGHT SHOWS IT IS RELOCATED TO THE SOUTHERN PORTION OF THAT SAME TOUR NORTH PARCEL. THE REQUEST SEEKS TO RELOCATE THE TOWER SITE THAT WAS PREVIOUSLY APPROVED ADJACENT TO COURT OR ROAD. APPROXIMATELY 1300 FEET SOUTH ADJACENT TO STADIUM HORSE WAY TO ADDRESS LOCATIONAL CONCERNS EXPRESSED BY THE SCHOOL AND COMMUNITY. THE PROPOSED RELOCATED TOWER WOULD BE APPROXIMATELY 1465 FEET FROM THE SCHOOL, AND 925 FEET FROM THE NEAREST RESIDENTIAL STRUCTURE.

THE TOWER WILL BE ENCLOSED WITHIN A 60 BY 65 FOOT COMPOUND. AS WELL AS ADDITIONAL SCREENING PROVIDED ON POT VALLEY ROAD WITH A 20-FOOT BUFFER FOR THE PD. THIS IS AN EXHIBIT PROVIDED BY THE APPLICANT THAT SHOWS THE DISTANCE LOCATIONS FROM THE EXISTING TOWER LOCATION THAT WAS WITHIN THE ANNEXED PARCEL AS WELL AS THE CURRENT REPLACEMENT TOWER THAT IS APPROVED FOR THAT SITE AND THE PROPOSED TOWER LOCATION. THE CURRENT REPLACEMENT TOWER AS WELL AS THE PROPOSED TOWER LOCATION BOTH MEET THE REQUIREMENTS OF THE 600 FEET FROM SCENIC A1A. AS WELL AS ANY PROVISIONS FOR A SPECIAL USE FROM RESIDENTIAL AT 250 FEET. THE REPLACEMENT TOWER COMPLIES WITH THE STANDARD SPECIFIED IN LAND OF ELEMENT CODE SECTION 203-26, THE SPECIAL USE CRITERIA FOR ANTENNA TOWERS AS WELL AS THE END OF ELEMENT CODE 608-12 WHICH PROVIDE SUPPLEMENTAL DESIGN FOR ANTENNA TOWERS IN THE COUNTY. THE MAJOR MODIFICATION PROVIDED THE ZONING APPROVAL FOR THE TOWER WITH IN THE PORTION OF THE TOUR PARCEL. THIS MODIFICATION SEEKS ONLY TO REVISE THE MDP MAP RELOCATING THE TOWER SITE MORE CENTRALIZED WITHIN THE TOUR PARCEL.

THE TOWER DESIGN AND PLACEMENT RECEIVED APPROVAL FROM THE PALM VALLEY ARCHITECTURAL REVIEW COMMITTEE ON NOVEMBER 20. SUBJECT TO THE APPROVAL OF THIS MODIFICATION.

>> STAFF HAS PROVIDED COPIES OF FIVE E-MAILS NOW THAT WERE RECEIVED FROM RESIDENTS THAT IS LOCATED TO THE SOUTH. THE PROPOSED TOWER LOCATIONS WHICH STATED CONCERNS FOR SAFETY AND LOSS OF PROPERTY VALUES DUE TO THE REQUESTED RELOCATION. STAFF ALSO RECEIVED FOR PHONE CALLS WITH GENERAL INQUIRIES AND QUESTIONS REGARDING PLACEMNT OF THE PROPOSED TOWER SITE.

STAFF RECOMMENDS APPROVAL OF THE 2019-15 SUBJECT TO SIX CONDITIONS THAT PROVIDES FIVE FINDING OF FACTS TO SUPPORT A MOTION OF APPROVAL OR DENIAL. THESE FINDINGS ARE BASED ON THE CONSISTENCY OF THE COPPER HAS A PLAN, THE LAND OF ELEMENT CODE AND THE PLANNING DEVELOPMENT ALLOWANCES OUTLINED IN THEIR MASTER DEVELOPMENT PLAN. STAFF NOTES THAT DENIAL OF THIS MODIFICATION REQUEST WILL ALLOW THE TO BE COMPLETED AS PREVIOUSLY IMPROVED.

FURTHER EVIDENCE PERTAINING TO THE REQUEST MAY BE PROVIDED DURING PUBLIC HEARING BY THE APPLICANT, STAFF AND TESTIMONY THAT CONCLUDES A PRESENTATION. WE WILL BE STANDBY TO ANSWER ANY

QUESTIONS. >> THANK YOU, MR. CHAIR. SINCE THIS CONCERNS A TELE- COMMUNICATION TOWER, THE FEDERAL COMMUNICATIONS ACT DOES TAKE INTO PLAY, WHICH DOES LIMIT AND RESTRICT DECISIONS BY A GOVERNMENT ENTITY, INCLUDING THE STATE ON DECISIONS ABOUT TOWERS.

WHILE IT DOES PRESERVE THE GENERAL ZONING AUTHORITY, THE FEDERAL COMMUNICATIONS ACT PREEMPTS THE COUNTY TO THE EXTENT THAT THE COUNTY IS NOT ABLE TO UNREASONABLY DISCRIMINATE PROVIDERS OF FUNCTIONAL EQUIVALENT SERVICES. ADDITIONALLY, YOU CAN'T TAKE ANY ACTION OR SUBMIT ANY REGULATIONS THAT PROHIBITS OR HAS THE EFFECT OF PROHIBITING THE PROVISION OF PERSONAL WIRELESS SERVICES. WHAT I WANT TO STRESS IS THAT THERE IS A PARTICULAR PROVISION OF THE FEDERAL COMMUNICATIONS ACT THAT PREEMPTS LOCAL DECISIONS PREMISED DIRECTLY, OR

[01:35:10]

ASSUMING THAT THEY ARE COMPLIANT WITH THE FEDERAL COMMUNICATION COMMISSIONS RULES.

THAT IS SECTION 332-67 OF THE COMMUNICATIONS ACT. IT STATES NO STATE OR LOCAL GOVERNMENTS, MAY REGULATE THE PLACEMENT, CONSTRUCTION AND MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES ON THE BASIS OF THE ENVIRONMENTAL EFFECTS OF RADIOFREQUENCY EMISSIONS TO THE EXTENT THAT SUCH FACILITIES COMPLY WITH THE COMMISSION'S REGULATIONS CONCERNING SUCH OMISSIONS. MY ADVICE TO THE AGENCY IS THAT THIS AGENCY NOT PREMISE ITS DECISIONS, OR ITS DISCUSSIONS EITHER DIRECTLY, OR INDIRECTLY CONCERNING THE ENVIRONMENTAL OR HEALTH EFFECTS OF RADIOFREQUENCY TRANSMISSIONS. THANK YOU.

BEVERLY FRAZIER >> CAN WE HAVE THE APPLICANT STEP FORWARD, PLEASE?

>> GOOD AFTERNOON AGENCY MEMBERS, MR. CHAIRMAN. I HAVE A LITTLE BIT OF A COLD SO I APOLOGIZE FOR BEING STUFFY TODAY. ELLEN AVERY AVERY SMITH WITH ROGERS TOWERS, 100 WHETSTONE PLACE HERE IN SAINT AUGUSTINE. WITH ME TODAY ARE PEOPLE FROM THE PGA TOUR AND BILL SCHILLING FROM KINLEY WARNER ASSOCIATIONS WHICH IS A PROJECT CIVIL ENGINEERING FIRM. WE ARE GOING TO GIVE YOU A LITTLE BIT OF HISTORY.

SINCE THIS IS MR. MORAN'S LAST DAY ON THE BOARD, AND HE -- NINE YEARS.

HE CAN GIVE US A HISTORY LESSON ABOUT THIS PROJECT. WE WILL GO THROUGH IT.

SO YOU ALL KNOW, STARTING ABOUT FOUR YEARS AGO, THE PGA TOUR DECIDED TO CONSOLIDATE ITS DRI ALCOHOL AND DEVELOP MEANT RIGHTS FOR ALL OF ITS LANDHOLDINGS FOZ WHEN THIS AREA.

ABOUT TWO YEARS AGO, 2.5 YEARS AGO, THIS IS THE FINAL PLAN THAT WAS APPROVED FOR THE PLANNED UNIT DEVELOPMENT WHICH IS THE SAWGRASS PLAYERS CLUB, THAT GAVE THESE VERY FANCY NAMES, TOUR NORTH AND SO FORTH TO THE VARIOUS PORTIONS OF THE PGA TOUR PROPERTY.

SO, AS PART OF THAT, YOU SEE THE VARIOUS COLORS HERE THAT GO WITH EACH OF THE VARIOUS PORTIONS WITHIN THE TOUR PROPERTY. YOU ALSO SEE THE APPROVED USES WITHIN EACH OF THOSE PROPERTIES.

YOU SEE THE TOUR NORTH PARCEL, WHICH IS THIS PARCEL RIGHT HERE, AND ANTENNA TOWERS ARE AN APPROVED USE THROUGHOUT THE ENTIRE TOUR NORTH PARCEL. THIS WAS APPROVED AND BY YOUR BOARD AND THE ST. JOHNS COUNTY COMMISSION. THE REASON WE ARE THE APPROVED PLAN FROM 2017 REPLACED THIS EXISTING LATTICE TOWER WHICH SITS HERE, THE PROPOSAL WAS TO TAKE DOWN THE TOWER AND PUT UP A POLE TOWER IN THIS AREA.

AGAIN, THE POLL WAS TO REPLACE THE EXISTING LATTICE YOU SEE, AND WE WILL GO OVER THE GALVANIZED FINISH IN JUST A MINUTE. THE NEW TOWER ALSO MADE THE ACTUAL PHYSICAL STRUCTURE MORE MODERN. IT IS A TIER ONE WIND RATED, VERSUS A TIER ONE. IT IS MY UNDERSTANDING FROM A LAYPERSON'S PERSPECTIVE THAT MEANS A CATEGORY 5 HURRICANE, WIND LOAD VERSUS A CATEGORY 3 HURRICANE WIND LOAD.

THE EXISTING TOWER, WHICH HAS ALREADY BEEN BUILT, WE WILL TALK ABOUT THAT COMPLIES WITH THE LAND OF ELEMENT CODE. NO WAIVERS WERE GRANTED INTO THE PUD AND GOING FORWARD WE ARE NOT ASKING FOR ANY WAIVERS FROM THE LAND OF ELEMENT CODE FOR THE RELOCATED TOWER.

THIS TOWER WHICH IS THE NEWLY CONSTRUCTED TOWER ON THIS PROPERTY.

IF YOU GO BY COMING OR GOING TO SEE THIS TOWER HAS BEEN CONSTRUCTED ALL OF THE FENCING

[01:40:01]

BECAUSE ST. JOHN'S COUNTY IS ON THE TOP OF THIS TOWER, IT WILL BE ON THE TOP OF THE NEW TOWER.

THE PROPOSAL IS TO MOVE THIS EXISTING TOWER FROM HERE TO HERE RIGHT HERE.

SO, AGAIN, IT IS WITHIN THE TOUR NORTH PARCEL WHERE A TENANT TOWERS ARE ALLOWED AS A MATTER OF RIGHT. THIS IS THE PROPOSED MASTER DEVELOPMENT PLAN YOU SEE IT MORE ZOOMED OUT, SO THE PROPOSED TOWERS HERE. AGAIN ON TOUR NORTH.

YOU CAN SEE AGAIN, THE ANTENNA TOWERS AS A MATTER OF RIGHT. THAT IS OF THE ONLY CHANGE IN THE MAP IS TO MOVE THE TOWER LOCATION FROM HERE TO HERE. WHEN WE LOOK AT THE AERIAL PHOTOGRAPH. I KNOW THERE HAS BEEN A LOT OF PUBLIC INTEREST IN THIS.

THE EXISTING TOWER WHICH, AGAIN, HAS BEEN CONSTRUCTED BUT NOT TURNED ON IS ABOUT 990 FEET AWAY FROM THE CLOSEST EXISTING RESIDENCE. THE NEW TOWER LOCATION WHICH IS HERE, SO THIS TOWER WOULD JUST BE PICKED UP AND MOVED HERE IS ABOUT 925 FEET AWAY.

AGAIN FROM THE CLOSEST RESIDENCE. IT'S 11-1200 FEET AWAY FROM MOST OF THE RESIDENTS DOWN IN THIS AREA. THE CLOSEST USER, REALLY, IF YOU LOOK AT THIS MAP IS THE PGA TOUR TO ITS OWN TOWER. THIS TOWER SITE ALSO SITS FURTHER BACK FROM PALM VALLEY ROAD. IT IS 370 FEET.

MR. SCHILLING WILL GO OVER THE LANDSCAPING DETAILS WITH YOU TO TALK ABOUT HOW THIS AREA WILL BE LANDSCAPED. WHICH WILL PREVENT IT'S A VIEW FROM VALLEY ROAD.

YOU SEE AGAIN, TREATING ALL OF THE NEIGHBORS FAIRLY, THIS TOWER AGAIN, IT IS 900 FEET AWAY FROM THE CLOSEST RESIDENCE. THIS TOWER LOCATION WILL BE AS WELL.

STILL CLEARLY WITHIN THE PGA TOUR CAMPUS. HANG ON.

I'M GOING TO LEAVE IT HERE. I WILL LET MR. SCHILLING COME UP AND TALK ABOUT HIS FAMOUS LANDSCAPING PLAN. AND THEN WE WILL TALK MOORE ONE A LITTLE WHILE.

>> AM SURE BILL IS GOING TO DO A BRIEF LANDSCAPING LANDSCAPING DESCRIPTION.

TWENTY YES, SIR, I WILL KEEP THIS BRIEF. BILL SCHILLING.

ON THE LANDSCAPING PLAN, THERE REALLY A COUPLE OF THINGS THAT I WANT TO POINT OUT.

THIS SHOWS, I WILL BACK UP. I KNOW IN THE ZONING MAP THERE IS AN TWO ACTUAL TOWER RELOCATION ZONE AS WE WOULD CALL IT. AT THIS.BECAUSE WE HAVE TRAVELED A LITTLE FURTHER DOWN THE ROAD AND HAVE ACTUALLY CITED WHERE WE FULLY ANTICIPATE THE COMPOUND TO GO AND THE TOWER. THOSE DIMENSIONS THAT WERE PROVIDED ON THE EARLIER EXHIBIT ARE BASED ON THIS TOWER LOCATION. A COUPLE OF THINGS THAT I WANT TO POINT OUT ON THE SLIDE. THIS SLIDE SHOWS THE LANDSCAPING THAT IS REQUIRED TO BUFFER THE COMPOUND ITSELF. REQUIRED BY THE LAND OF ELEMENT CODE.

AS MENTIONED, WE ARE COMPLYING WITH THE LAND DEVELOPMENT CODE FOR LANDSCAPING THE COMPOUND ITSELF. I THINK IT IS ALSO IMPORTANT TO POINT OUT THAT THE LANDSCAPING THAT IS SHOWN HERE, BASICALLY BETWEEN THE COMPOUND AND PALM VALLEY ROAD, WE HAVE GONE IN AND TURNED ON THE LANDSCAPE PLAN THAT HAS BEEN APPROVED AS A PART OF THE PGA TOUR LOCAL HOME.

NOT ONLY WILL THERE BE THE TRADITIONAL LANDSCAPING AROUND THE COMPOUND, BUT THERE IS GOING TO BE TREMENDOUS ADDITIONAL BUFFERING ALONG PALM VALLEY ROAD THAT WILL BE INSTALLED AS A PART OF A GLOBAL HOME PROJECT. THE OTHER COUPLE OF THINGS THAT HAVE GONE INTO THE SIDING OF THIS LOCATION. THESE THREE LARGE GREEN CIRCLES REPRESENT THREE SPECIMEN TREES THAT HAVE BEEN PRESERVED. THEY ARE LARGE OAK TREES THAT HAVE BEEN PRESERVED ON THE SITE AND WILL PROVIDE TREMENDOUS SCREENING FOR THE COMPOUND ITSELF.

THIS IS ALSO A PROTECTED TREE THAT WILL STAY ON THE SITE. THIS SITE IS GOING TO HAVE A TREMENDOUS AMOUNT OF LANDSCAPE BUFFERING ABOVE AND BEYOND WHAT WOULD BE TYPICAL OF JUST THE STANDARD COMPOUND. THIS ZOOMS IN, SHOWS THE ACTUAL COMPOUND LANDSCAPING THAT IS REQUIRED BY CODE WIDTH OF THE TREES AND SHRUBS AND THE FENCING AROUND THE BASE OF THE COMPOUND.

FINALLY, WHERE I WAS GOING TO CLOSE, WAS JUST SHOWING, WE HAVE TAKEN PHOTOGRAPHS OF BOTH

[01:45:01]

SO EVERYONE CAN SEE WHAT IT LOOKS LIKE. JUST TO PROVIDE A COMPARISON FROM ROUGHLY THE SAME DISTANCE BACK OF THE EXISTING LATTICE TOWER, VERSUS THE MORE MODERN, GALVANIZED FINISH. WE WANT TO PROVIDE THAT AS WELL, JUST FOR THE AGENCY TO SEE.

AND AS MENTIONED, THE INTENT IS FOR THE TOWER ON THE LEFT, THE NEW TOWER ESSENTIALLY TO BE REUSED AND RELOCATED TO THIS NEW SITE AREA WITH THAT, THE ENTIRE TEAM IS HERE TO ANSWER ANY QUESTIONS AND PROVIDE ANY INFORMATION REQUESTED. THANK YOU VERY MUCH.

>> THANK YOU. >> DO WE HAVE ANY QUESTIONS FOR THE APPLICANT?

>> I SEEN HIM. WE HAVE A FAIR AMOUNT OF PUBLIC SPEAKER CARDS.

LET'S GET THROUGH THOSE AND THEN MAYBE GENERATE SOME QUESTIONS ABOUT POINT.

>> MR. CHAIRMAN, I HAVE EIGHT PUBLIC SPEAKER CARDS. I WOULD JUST CALL THEM ONE BY ONE IF THAT IS OKAY WITH YOU? TYLER HODGES? AND THEN ALL SPEAKERS STATE YOUR

NAME AND ADDRESS FOR THE RECORD BEFORE WE BEGIN. >> THANK YOU, SIR.

GOOD AFTERNOON, MY NAME IS TYLER HODGES, 7400 SAN JOSE BOULEVARD, JACKSONVILLE FLORIDA, 32217.

I AM HEAD OF SCHOOL. I'M SPEAKING ON BEHALF OF THE ENTIRE BOWL SCHOOL COMMUNITY.

PARTICULARLY ON BEHALF OF OUR FACULTY, STAFF AND FAMILIES THAT TEACH OR GO TO SCHOOL ON OUR CAMPUS. WE FULLY SUPPORT THIS MOVE AND THINK THE PGA TOUR FOR WORKING

WITH US. THANK YOU. >> THANK YOU.

PHIL MAYS? OKAY, DICK WILLIAMS, NO STRANGER TO THIS AGENCY.

>> WHO IS THAT? >> GOOD AFTERNOON. DICK WILLIAMS, 193 PLANTATION CIRCLE. MR. CHAIRMAN, IF YOU WOULD ALLOW ME, I KNOW DIRECT COMMENTS TO INDIVIDUALS SPRAYED I HAVE TO SAY TO JEFF MARTIN, SINCE IT IS YOUR, AND TO JOHN WONDERED IF HE WAS HERE, THANK YOU FOR YOUR SERVICE, JEFF, I THINK YOU SAID NINE YEARS, YOU ARE STILL KID.

I HAD THE PLEASURE OF SERVING WITH MANY OF YOU DURING MY NINE YEARS SERVING IN THE PLANNING AND ZONING AGENCY. JEFF, THANK YOU, AND HAPPY RETIREMENT FROM THURSDAY

AFTERNOON. >> THANK YOU. >> DURING MY NINE YEARS, WE DID ENTERTAIN APPLICATIONS FOR A NUMBER OF CELL TOWERS. I LEARNED A COUPLE OF THINGS.

WHEN I LEARNED IS THAT WHILE EVERYONE AGREES THAT WE NEED ONE , NO ONE WANTS IT IN THEIR BACKYARD. IT DEFINITELY QUALIFIES. THE SECOND THING I LEARNED IS AS FOLKS COME FORWARD AS WE WILL HAVE TODAY, WHO HAVE CONCERNS AND QUESTIONS ARE OFTEN FRUSTRATED BY THE FACT THAT THIS BODY, ALONG WITH THE BOARD OF COUNTY COMMISSIONERS, ARE REALLY HANDICAPPED AND, WHICH YOU CAN CONSIDER IN YOUR DECISION. I KNOW MR. SORIA HAS ALREADY REGARDING THE FEDERAL COMMUNICATIONS COMMISSION AND WHAT THEY DO NOT ALLOW LOCAL GOVERNMENTS TO ENFORCE IN TERMS OF PUBLIC SAFETY. ALSO, I AM SURE HE WILL SHARE WITH YOU IF HE HAS NOT DONE IT ALREADY, THE FAMOUS DECISIONS BASED TODAY, MUST RISE TO THE LEVEL OF COMPETENT, SUBSTANTIAL EVIDENCE. I AM SURE HE WILL REPHRASE THAT A COUPLE OF DIFFERENT TIMES TWO. THOSE ARE THE TWO THINGS THAT I WANT TO, YOU KNOW, JUST TOUCH ON TODAY. I AM GOING TO SUPPORT THIS AREA ONLY BECAUSE ONE MAJOR CONCERN I HAVE IS THE COMMUNICATIONS FOR OUR FIRST RESPONDERS. I WOULD GET TO THAT IN THE SECOND. I'M NOT HERE AS AN EXPERT ON COMMUNICATION TOWERS.

I DID ENCOUNTER MANY TOWERS DURING MY BROADCASTING MANAGEMENT CAREER OF 30 YEARS.

I CAN TELL YOU DEALING WITH THE FEDERAL COMMUNICATIONS COMMISSION IS TIRESOME.

THEY REGULATE AND CONTROL, AND MONITOR ALL TOWERS, BROADCAST TOWERS, CELL TOWERS.

I CAN TELL YOU THEIR REGULATIONS, THEY WILL REGULATE THIS MONOPOLE THE SAME WAY THEY DO OTHER TOWERS REGARDING RF EXPOSURE AND IT IS ALL DESIGNED TO MAKE SURE THAT THE TOWERS COMPLY AND MEET, PROTECT, AND ENSURE PUBLIC SAFETY BOTH IN AND AROUND THE CELL TOWERS.

I THINK IT IS IMPORTANT TO ALSO.OUT THAT STAFF HAS REVIEWED THIS AND THEY HAVE AGREED THAT THIS PARTICULAR APPLICATION MEETS AND EXCEEDS ALL CURRENT PUBLIC SAFETY REGULATIONS.

MY POINT IS, AS A RESIDENT, AND I LIVE JUST A COUPLE OF MILES SOUTH OF THE TOWER LOCATION ON PALM VALLEY ROAD. THIS TOWER, WHICH IS BEING UPGRADED TO A TIER THREE WHICH IS 50 MILE-PER-HOUR POTENTIAL HURRICANE. I KNOW IF FEW YEARS AGO WE WOULD

[01:50:04]

IT IS IMPORTANT TO GET THE LATTICE TOWER DOWN AND REPLACED WITH THIS, IT IS THE SAME HEIGHT. BECAUSE OF THE COMMUNICATION HERE WHERE THE FIRE CHIEF IS HERE, HE MAY SPEAK ON IT. OBVIOUSLY THE SHERIFFS DEPARTMENT DEPARTMENT AND EMERGENCY MANAGEMENT IS ALL ON THERE. IT IS CRITICAL TO OUR PUBLIC SAFETY. WITH THAT I HOPE YOU GIVE IT AN UP VOTE TODAY.

THANK YOU. >> THANK YOU. >> JOEL CHRISTIANSEN?

>> JOEL CHRISTIANSEN, 408 EAST WOODHAVEN DRIVE. I AM A RESIDENT CLOSE IN A NEIGHBORHOOD CALLED THE WOODLANDS, LOCATED AT THE LOCATION THEY ARE PROPOSING TO BUILD A NEW TOWER, OR REPOSITION THAT TOWER. ONE OF OUR BIGGEST CONCERNS IN OUR NEIGHBORHOOD, WE HAVE A SIGNIFICANT AMOUNT OF CHILDREN. IT IS REALLY ONE OF A SAFETY CONCERN. I JUST THOUGHT I WOULD SHARE A VERY QUICK ARTICLE PUBLISHED IN SCIENTIFIC AMERICA WRITTEN BY JOEL MOSCOWITZ IN OCTOBER OF THIS YEAR CALLED "WE HAVE NO REASON TO BELIEVE IG IS SAFE". MY QUESTION STANDPOINT, I HAVE NOT HEARD WHAT TECHNOLOGY HERE TODAY IS GOING BE IN THIS TOWER. IT IS ASSUMING 5G IS GOING TO BE THAT.

A COUPLE OF EXCERPTS FROM THE ARTICLE. THE LATEST CELLULAR TECHNOLOGY, 5G WILL EMPLOY MILLIMETER WAVES FOR THE FIRST TIME. THIS IS A FIRST TIME TECHNOLOGY.

IN ADDITION TO MICROWAVES THAT HAVE BEEN USED FOR OLDER TECHNOLOGIES.

MILLIMETER WAVES ARE MOSTLY ABSORBED WITHIN A FEW MILLIMETERS OF HUMAN SKIN AND FALLS ON THE SURFACE LAYERS OF THE CORNEA. SHORT-TERM EXPOSURE CAN HAVE ADVERSE PHYSIOLOGICAL EFFECTS IN THE PERIPHERAL NERVOUS SYSTEM, THE IMMUNE SYSTEM AND THE CARDIOVASCULAR SYSTEM. THE RESEARCH ON THIS SUGGEST THAT LONG-TERM EXPOSURE MAY POSE HEALTH RISKS TO THE SKIN, MELANOMA, EYES, OCULAR MELANOMA, AND THE TESTES.

WE LIKE OUR SONS IN OUR NEIGHBORHOOD. WITH THAT, IT IS A SIGNIFICANT CONCERN OF OURS. WE KNOW THE DISTANCE, REALLY OUT OF ALL OF THE PROPOSED PIECES IT HAS BECOME A LAW CLOSER TO OUR NEIGHBORHOOD. WITH THAT, I WILL LET US MOVE

ON. >> THANK YOU. >> NEXT SPEAKER IS STEPHEN

PIERCE. >> GOOD AFTERNOON. STEPHEN PIERCE, 232 WOODY CREEK DRIVE. I ALSO LIVE HOUSE ON THE WOODLANDS WITH MY THREE KIDS, AND MY WIFE WHO IS A REAL ESTATE AGENT. I AM A MILITARY OFFICER.

IF I'M ASKED A QUESTION, IF I CAN DO THAT, WHY IS THE TOWER BEING MOVED FROM THE ONE THAT IS

ALREADY ERECTED? >> WE HAVE THE APPLICANT RESPOND TO THAT.

>> THAT IS OUT OF OUR KNOWLEDGE. >> OKAY. MY PREDECESSOR COME HE TALKED TO SOME OF THE HEALTH ISSUES AND CONCERNS THAT WE DO HAVE. PRIMARILY BE SPEAKING ABOUT THE REAL ESTATE DEPRECIATION THAT IS SHOWN TO BE, A VALID CONCERN AND RESEARCH HAS SHOWN, A DECREASE IN REAL ESTATE PRICES AFTER A CELL PHONE TOWER HAS BEEN INSTALLED.

HOWEVER GOING BACK TO MY PREVIOUS QUESTION ABOUT WHY IT NEEDS TO BE MOVED IS AS VALID, BECAUSE, I MEAN,, IT'S ALREADY THERE. WE DON'T WANT THE CELL PHONE TOWER CLOSER TO US. I KNOW SOME PARENTS WOULD BE CONCERNED WITH THE POSITIONING OF THE CURRENT TOWER AS IT IS AS WELL. THEY EXECUTED A GOOD CAMPAIGN, AND I THINK A VALID ONE, I AM SURE THEY WOULD NOT WANT THE CELL PHONE TOWER CLOSER TO ANY OTHER RESIDENTS AS IT WAS TO THEIR SCHOOL, SO THEY WERE ABLE TO PUSH IT AWAY BASED ON MANY E-MAILS, SIGNATURES, AND A NEWS CAMPAIGN, AND PROVEN RESEARCH AND HEALTH EFFECTS THAT THEY DO NOT WANT THEIR CHILDREN TO BE 72. I WANT THAT FOR THE RECORD.

SOME OF MY NEIGHBORS WILL FOLLOW ON THAT. AND THE TIME I HAVE REMAINING, IF YOU CAN DO A QUICK GOOGLE SEARCH OF CELL PHONE TOWER PLACEMENT AND HOME PRICES, A PLETHORA OF DIFFERENT REPUTABLE ARTICLES WILL SHOW IT. I CAN LEAVE SOME OF THOSE WITH YOU IF YOU WOULD LIKE THE MAJORITY OF US DO CORRELATE A BUYER'S WILLINGNESS PURCHASE A

[01:55:04]

IF I AM BUYING, I'M NOT BUYING A PROPERTY THAT IS CLOSE TO A CELL PHONE TOWER.

MOST OF THE ARTICLES CLOSE EQUATES TO 1000 FEET UP TO ABOUT .25 MILES.

IT IS INTERESTING THAT THE TOWER WAS MOVED ALMOST 1500 FEET AWAY FROM THE BULLS CAMPUS WHICH IS SOME OF THE PRODUCTS THAT I HAVE RECEIVED FROM THE SUBMISSIONS TO COMMISSIONER BLOCKER ABOUT WHY BOWLES WANTED TO MOVE THE TOWER REFERENCES TO 1500 FEET. WE CERTAINLY DO NOT WANT TO 1500 FEET FROM US. WE DON'T WANT TO 1500 FEET FROM ANOTHER SCHOOL AS WELL.

WE JUST WANTED MOVED 1500 FEET BACK TOWARDS THE NORTHWEST SIDE WHERE THE HEADQUARTERS IS LOCATED. MY TIME IS UP. I APPRECIATE YOU GUYS LISTENING TO OUR OBJECTIONS. TWENTY THANK YOU. NEXT SPEAKER CARD IS KATHY

SMALLWOOD. >> GOOD AFTERNOON, GENTLEMEN. I'M KATHY SMALLWOOD.

I LIVE AT 433 I AM ALSO FROM THE WOODLANDS. WE HEARD OF THE RIGHT OF THE PGA TO HAVE THAT TOWER IN APPLICATION. WE HEARD ABOUT THE BOWLS BEING ABLE TO HAVE THE TOWER MOVED OFF THEIR PROPERTY. AGAIN, THIS IS WAY OVER MY PAY GRADE. I AM ASSUMING YOU ARE ALL IN A MEETING THAT ALLOWED THAT TO HAPPEN. HOWEVER THAT DECISION WAS MADE, GOING TO ASSUME IT WAS MADE FOR CONCERN OF THE CHILDREN AT THE BOWLS SCHOOL. ANYTHING ELSE, PROBABLY WOULD NOT BE GOOD VALID REASON TO HAVE THAT HUGE THING MOVE TO. BUT NOW WE ARE TALKING ABOUT DOUBLE CHILDREN VERSUS THE CHILDREN IN OUR NEIGHBORHOOD. HOW ARE YOU GOING TO QUANTIFY WHICH CHILD, YOU KNOW, ARE WE GOING TO MOVE IT CLOSER TO THEM. WE KEEP HEARING ABOUT THE PGA AND THEIR ABILITY, OR THEIR RIGHT TO HAVE IT IN THAT AREA. WHY DON'T YOU JUST PUT IT WHERE IT IS CURRENTLY SITTING? THAT IS FAR ENOUGH AWAY FROM US. IT'S ALSO FAR ENOUGH AWAY FROM THEM. THEY HAVE A VERY BIG PARCEL OF LAND THERE.

I KNOW THERE MIGHT BE PLANS IN THE FUTURE, EVEN THOUGH IT IS NOT RIGHT NOW FOR THEM TO BUILD LODGING, HOTELS, AND RESIDENTS, WOULD YOU GUYS BE COMFORTABLE IF SOMEONE CAME AND SAID, WE ARE GOING TO BUILD IT OVER HERE, THOSE PEOPLE SAID TO CLOSE TO US , WERE GOING TO GO AND BUILD IT OVER THERE. JUST ASK YOURSELF, DO YOU WANT TO CLOSER TO YOU, OR IS IT BETTER, AND MIGHT COST THE PGA MORE MONEY TO BUILD IT RIGHT WHERE IT IS.

YOU MIGHT HAVE TO REDESIGN YOUR LANDSCAPING. YOU MIGHT HAVE TWO MAYBE TAKE A LITTLE BIT OF A LOSS, MAYBE ON THE FUTURE OR WHATEVER. ARE YOU GOING TO TELL ME THAT THE BOWLS SCHOOL AND THEIR CHILDREN ARE MORE IMPORTANT THAN THE KIDS THAT ARE IN OUR NEIGHBORHOOD 247? AM ASKING YOU TO MAKE A DECISION THAT IS FAIR.

IF YOU ARE ON THIS BOARD MAKING THE DECISION WHEN IT FIRST CAME UP, WHATEVER REASON YOU USED, HOW IT IT NOT APPLICABLE TO THE KIDS WHO LIVE IN THIS NEIGHBORHOOD.

THAT IS IT. THANKS, HAVE A GREAT DAY. >> I HAVE NO OTHER SPEAKER

CARDS. >> ANY OTHER PUBLIC SPEAKERS ON THIS ITEM? COME ON UP. YOU HAVE TO FILL OUT A PUBLIC SPEAKER CARD AND HANDED IT TO ONE OF THE STAFF MEMBERS. THE STATE YOUR NAME AND ADDRESS. WE WILL GET YOU IN THREE

MINUTES. >> MY NAME IS HASTINGS WILLIAMS. MY ADDRESS IS 244 WOODY CREEK DRIVE. I LIVE IN THE WOODLANDS. MATTER FACT, I WAS THE THIRD HOMEOWNER TO BUY A LOT OVER THERE AND BILL BEFORE THEY EVEN HAD INFRASTRUCTURE.

I AM A STRONG ADVOCATE OF THE TBC. I HAVE BEEN A MEMBER FOR YEARS.

I DON'T LIKE WHAT IS HAPPENING WITH THE PLACEMENT OF THE CELL TOWER.

I'M ALSO THE PRESIDENT, OUTGOING PRESIDENT OF THE WOODLANDS ASSOCIATION.

I HEARD A GROUP OF PEOPLE TALKING ABOUT PUBLIC SAFETY. I DID ALMOST 40 YEARS IN PUBLIC SAFETY. IN THE '90S, I WAS THE DIRECTOR OF EMERGENCY MANAGEMENT I DID LOGISTICS AND FOR OF THE HOMESTEADS. I DID 40 YEARS IN THE FIRE MARSHAL'S OFFICE IN JACKSONVILLE. I AM VERY KNOWLEDGEABLE OF FIRE SAFETY. I HAVE TAUGHT AS AN INTERIM PROFESSOR AT U AND.

I TAUGHT INDUSTRIAL I DON'T THINK IT IS RIGHT, BECAUSE SOMEONE HAS A DISAGREEMENT, IF IT SAFETY INVOLVED, THAT IS MY PROFESSION. BUT IF IT IS A DISLIKE, OR A BAD DECISION, THEN I THINK IT SHOULD BE REVISITED. ALSO, I HAVE SAID BEFORE, THEY

[02:00:07]

THEY HAVE BEEN VERY OPEN WITH EVERYTHING, AND THE TPC FAMILY. ALSO THE CONTRACTORS.

WE HAVE BEEN GOING BACK AND FORTH. THE RATIONALE IS, I ASKED BILL, AND HE WAS GIVING THE INFORMATION. THE LAST THING I HAVEN'T GOTTEN IS, I WANTED TO KNOW, ST. JOHNS COUNTY, THE DISTANCE FOR THE COUNTY, AS IT RELATES TO PUBLIC SCHOOLS AND CELL TOWERS AND RESIDENTIAL AREAS. I KNOW, AND I READ, I TAUGHT FEDERAL CODE. I KNOW ABOUT FEDERAL SAFETY REGULATIONS AND STANDARDS.

SO, ALL I'M SAYING IS, I HAVE BEEN THERE SINCE THE INCEPTION. THERE ARE A LOT OF ADVERSE IMPACTS. SUCH AS THE UTILITY, GRID THAT SITS RIGHT IN THE BACK OF US.

AND ALSO THE RACEWAY, RIGHT ACROSS THE STREET WHERE THE STORAGE FACILITIES ARE.

I THINK IT IS AN INJUSTICE TO TAKE, AND THAT IS PUTTING I DON'T THINK IT IS FAIR.

BECAUSE SOMEONE HAS A DISLIKE, OR IT MIGHT BE AN EYESORE. I WAS THERE BEFORE BOWLES GOT THERE. MOST OF THESE NEIGHBORS WAS THERE BEFORE BOWLES GOT THERE.

I LIVED IN THOSE APARTMENTS WHILE MY HOME WAS BUILT. THANK YOU FOR YOUR TIME.

I KNOW MY TIME IS UP. ALL I HAVE TO SAY IS, I HOPE YOU ALL ADDRESS IT IN A FAIR MANNER.

>> THANK YOU. >> ANY MORE PUBLIC? I SEE NONE.

>> COULD WE HAVE THE APPLICANT COME UP AND SPEAK TO ANY OF THOSE ITEMS?

>> YES, MR. CHAIRMAN. IF WE COULD GET OUR POWERPOINT BACK

>> JUST A COUPLE OF THINGS TO GO OVER. I WANT TO MAKE SURE THAT EVERYBODY UNDERSTANDS THAT WE ARE LEGITIMATELY TRYING TO DO HERE'S WHAT I'M GOING TO CALL BALANCE THE EQUITIES. SO, GOING TO THE MAP, WE ARE TALKING ABOUT THE CURRENT TOWER LOCATED HERE. THIS IS THE OUTDATED TOWER. THERE WAS A NEW TOWER THAT WAS APPROVED BACK IN 2017. THIS ENTIRE PARCEL WAS APPROVED TO ALLOW CELL TOWERS AS A MATTER OF RIGHT. THIS AREA WAS CHOSEN, THAT IS WHERE THE TOWER IS CURRENTLY CONSTRUCTED BUT NOT TURNED ON. IT IS 990 FEET AWAY FROM THE CLOSEST RESIDENTIAL UNIT.

THIS SITE, AGAIN, BALANCING THE EQUITIES 925 FEET AWAY FROM THE CLOSEST RESIDENTS IN THE WOODLANDS. SOME OF THE FOLKS WHO LIVE, AND WHO SPOKE EARLIER, OR AT LEAST THE THOUSAND, IF NOT FURTHER THAN A THOUSAND FEET AWAY, FROM THE NEW PROPOSED LOCATION.

I WANT TO MAKE THAT CLEAR. THERE IS ONLY SO FAR THAT THIS TOWER CAN BE MOVED, AND THE CHIEF CAN TALK ABOUT THAT. THIS HOUSES THE HOUND -- THE COUNTY'S COMMUNE ACACIAN SYSTEM WHICH THEY NEED DURING EMERGENCIES AND THEY CAN ONLY BE WITHIN A CERTAIN DISTANCE OF THE EXISTING TOWER. HENCE THIS CORRIDOR. AGAIN, WE ARE TRYING TO BE GOOD

NEIGHBORS TO ALL PARTIES CONCERNED. >> I WANT TO GO BACK, JUST A COUPLE OF SLIDES. YOU CAN SEE SOME OF THE TOWER LOCATIONS IN PONTEVEDRA.

SOME ARE 245 FEET AWAY FROM THE NEAREST RESIDENCE. 524 FEET AWAY.

ALL OF THIS. YOU SEE THE NUMBERS OF CELL TOWERS AND THEIR LOCATIONS WITHIN PONTEVEDRA RIGHT NOW. THIS IS THE TOWER WE ARE TALKING ABOUT TODAY.

YOU SEE MANY OF THEM ARE MUCH CLOSER THAN 950 FEET, OR 925 FEET FROM THE CLOSEST RESIDENTIAL PROPERTY. 950 FROM THE NEAREST RESIDENCE. ALSO, THE PROPOSED LOCATION, HERE'S THE VIEW FROM THE WOODLANDS. THESE ARE THE TWO CLOSEST HOMES.

THERE IS A HIGH POWER TRANSMISSION LINE THAT GOES HERE.

YOU CAN SEE THAT POWERLINE RUNS RIGHT BEHIND THE HOUSES IN THE WOODLANDS.

THIS HAS AGAIN, THESE TOWERS MAY AT SOME POINT HAVE ANTENNAS PUT ON THEM.

[02:05:02]

THIS IS THE VIEW FROM THE NEIGHBORHOOD NOW OF THOSE TRANSMISSION LINES.

>> THEY ARE MUCH CLOSER THAN THE TOWER WILL BE. AGAIN, HERE IS THE EXISTING CELL TOWER LOCATIONS. WE ARE TRYING AGAIN TO BALANCE THE EQUITIES BETWEEN ALL PARTIES CONCERNED HERE BY MOVING THIS TOWER AGAIN, EQUALLY DISTANCE BETWEEN RESIDENTIAL USES.

THE CLOSEST USER WILL BE THE PGA TOUR. THEY ARE PUTTING THEIR MONEY WHERE THEIR MOUTH IS LITERALLY. WITH THAT, IF YOU HAVE ANY QUESTIONS WE ARE HERE TO ANSWER

THEM. >> THANK YOU. >> MR. CHAIRMAN, IF YOU WILL INDULGE ME ONE SECOND. I JUST WANT TO MAKE SURE THAT IT IS CLEAR THAT THIS IS AN EXISTING 80-FOOT TALL ELECTRICAL POWER POLE. IT IS NOT THE COMMUNICATIONS TOWER. AS NOTED TODAY, BEACHES ENERGY HAS A SUBSTATION RIGHT HERE AND AN OVERHEAD POWER LINE THAT RUNS EAST WEST, AND AN EASEMENT HERE ACROSS THE NORTHERN EDGE OF THE WOODLANDS. THIS IS THE ACTUAL ELECTRICAL OVERHEAD LIGHT.

YOU CAN SEE THE ELECTRICAL LINES SO THE OTHER THING THAT IS INTERESTING, THERE IS ALSO A GOOD AMOUNT OF TREE COVERAGE, EXISTING TREE COVERS ALONG THE NORTH EDGE OF THE WOODLANDS, WHICH IS SHOWN HERE. SO THE ACTUAL TOWER THAT IS PROPOSED IN HIS NEW LOCATION, YOU WOULD CATCH HIM SINCE OF IT THROUGH THE TREES. THIS IS ACTUALLY THE PROPOSED TOWER RIGHT HERE BEHIND THE TREES. THIS IS THE VIEW FROM FRESH POND WHICH IS THE NORTHERNMOST ROAD IN THE SUBDIVISION. AGAIN THIS IS ANOTHER ANGLE OR VANTAGE., AT THE VERY END OF THE CUL-DE-SAC. AGAIN, THIS IS THE ELECTRICAL POLE. THIS IS THE ACTUAL COMMUNICATIONS TOWER.

AGAIN, YOU CATCH CLEMSON'S OF IT THROUGH THE TREES. I JUST WANTED TO MAKE SURE THAT

WAS CLEAR. THANK YOU. >> THANK YOU.

ALL RIGHT. QUESTIONS FOR THE APPLICANT? >> YES, THANK YOU MR. CHAIRMAN.

I DON'T KNOW IF THIS IS MORE FOR STAFF. WE SEEM TO GET A LOT OF, YOU KNOW, WHEN THESE THINGS ARE COMING FORWARD WHETHER IT'S A GAS STATION, SOLAR PANELS, CELL TOWERS. WE GET A LOT OF TALK OF PROPERTY VALUES BEING DIMINISHED.

I MEAN, HAS THERE EVER BEEN ANY, I KNOW THE ONES ON THEM AND MENTIONED, GOOGLE IT.

I'M A LITTLE SKEPTICAL OF WHAT I READ ON THE INTERNET. HAS THERE BEEN ANY KIND OF CONCRETE EVIDENCE THAT HAVING A CELL TOWER, 900 FEET AWAY WILL DIMINISH PROPERTY VALUE?

>> MR. CHAIR, AS WITH ALL THINGS FOR APPRAISING PROPERTY VALUES, IT IS KIND OF, DEPENDENT ON WHAT IS CONSIDERED EXTRA MALADY. IT'S REALLY LIKE FROM THE AREA, IS A PERSON WITH APPRAISAL EXPERIENCE, THAT SOMEONE WHO IS AN APPRAISER, OR SOMEONE HAD WHO HAS REALLY TO -- REAL ESTATE EXPERIENCE, BASED ON THE INFORMATION PRESENTED FOR THAT PARTICULAR HOUSE.

HOW WOULD THEY APPRAISE THE VALUE FROM A NEW THING. THE TOWERS ARE MORE SITE LINE BASED. I DON'T KNOW IF THERE IS ANYTHING CONCRETE JUST ABOUT THE SHEER DISTANCE WHEN THERE ARE, YOU KNOW, POTENTIAL THINGS IN THE WAY SUCH AS BUILDINGS, OR FOLIAGE, OR LANDSCAPING. I WOULD ONLY SAY THAT YOUR DECISION NEEDS TO BE BASED ON SUBSTANTIAL EVIDENCE WHICH IS FACT-BASED, RELIABLE EVIDENCE. PARTICULAR TO, YOU KNOW, THE AREA IN GENERAL. WHILE THERE ARE STUDIES THAT STATE, YOU KNOW, THIS IS AN EFFECT OF THE EXTRA MALADY OF X ON WHY. IT IS APPLICATION OF THOSE STUDIES TO AND SOME OF WITH THE EXPERIENCE AND KNOWLEDGE TO APPLY THAT, THAT, YOU KNOW, SHIFTED OVER TO BECOME COMPETENT AND SUBSTANTIAL. IT LEAVES THAT SPECULATIVE NATURE, AND IT STARTS TO BECOME VERY SPECIFIC. SOMETHING YOU CAN HINGE YOUR

APPROVAL OR DENIAL ON. >> THANK YOU. >> WE ARE BACK IN THE AGENCY THEN. ANY COMMENTS. MR. WAINWRIGHT?

>> WOULD LIKE TO KNOW IS THE PROCESS THAT YOU ARE CURRENTLY GOING THROUGH TO MOVE THIS

[02:10:03]

EARLIER LOCATIONS? >> AND BETTY GO BACK TO THE BEGINNING.

THE ANSWER TO YOUR QUESTION, I'M GOING TO SHOW YOU MAPS. >> IT IS OMINOUS WHEN YOU SAY IT

LIKE THAT. >> IT SHOULD BE. [LAUGHTER] ACTUALLY, THIS MAP WAS APPROVED AS WHAT'S CALLED A PUD MAJOR MODIFICATION.

BECAUSE WE WERE DOING THE ENTIRE DEVELOPMENT OF THE PGA TOUR'S PROPERTY.

IN .-DOT APPLICATION, THIS TOWN PARCEL CALLED TO HER NORTH WAS APPROVED FOR THESE USES, MIXED-USE, COMMERCIAL RESIDENTIAL, ANTENNA TOWERS ON GOVERNMENT.

THAT IS WHY IT WAS A MAJOR MODIFICATION. ON THIS MAP, WHICH IS THE MAP THAT ACCOMPANIED THAT UNIT DEVELOPMENT ORDINANCE. IF WE HAD NOT SHOWN THE CELL TOWER LOCATION AS BEING IN THIS AREA, WE WOULD NOT BE HERE TODAY.

IT COULD HAVE BEEN BUILT ANYWHERE WITHIN THIS TAN OR PEACH AREA.

THE ONLY REASON WE ARE HERE TODAY IS BECAUSE OF THIS LABEL BEING MOVED FROM HERE TO HEAR.

STILL WITHIN THE PERMITTED -- I ANSWERING THE QUESTION. THAT IS THE ONLY REASON WE ARE HERE TODAY. IT IS BECAUSE OF THE COUNTIES PROCEDURE, NEAR LAND OF ELEMENT CODE IT CONSIDERS ONE MAP CHANGE A MINOR MODIFICATION. THAT IS THE ONLY DIFFERENCE

BETWEEN THIS APPLICATION AND THE LAST APPLICATIN FOR 2017. >> WAS THE SAME NOTIFICATION PROCESS, SAME PEOPLE INVOLVED THAT WERE AWARE OF THAT AS THEY ARE AWARE OF THIS?

>> YES SIR. THE COUNTY FOLLOWS THE SAME NOTICING PROCEDURES FOR MINOR MODIFICATIONS AS MAJOR MODIFICATIONS. WE WENT LAST MONTH TO THE ARCHITECTURAL REVIEW COMMITTEE, JUST LIKE WE WENT IN 2017. THEY REVIEWED AND RECOMMENDED APPROVAL OF THIS APPLICATION. THEY LOOK AT THE LOCATION AS WELL AS THE ASCETICS OF THE TOWER IN THE LANDSCAPING. SO, YES, THE SAME NOTICE AND EVERY REQUIREMENT WAS FOLLOWED.

>> THANK YOU. >> ALL RIGHT. ACTUALLY, NO.

THE PUBLIC COMMENT HAS EXPIRED. WE HAD THE OPPORTUNITY FOR ALL PUBLIC COMMENT OF WHOMEVER WANTED TO SPEAK. WE ARE BACK IN THE AGENCY NOW TRYING TO DETERMINE WHERE THIS MIGHT GO. IF YOU ARE UPSET BY THAT, I'M SORRY, THIS IS HOW THE SITUATION IS HERE FOR THE PZA. IF YOU HAVE QUESTIONS THAT ARE STILL OUTSTANDING WHEN THIS IS ALL SAID AND DONE, YOU CAN CERTAINLY, YOU KNOW, FOLLOW THESE FOLKS OUT AND APPARENTLY THE PGA HAS BEEN QUITE HELPFUL ACCORDING TO SOME OF YOUR FOLKS. I'M SURE THEY WOULD BE HAPPY TO ANSWER THINGS ABOUT IT. I CAN'T HAVE THIS DECORUM WHERE IT'S GOING BACK HERE.

>> THE APPLICANT HAS THE ABILITY TO ANSWER IT, OR NOT ANSWER IT, FOR WHATEVER REASON.

[INAUDIBLE] I DUNNO. >> ANY APPLICATION CAN BE APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. YOU JUST NEED TO MAKE SURE YOU MEET THAT ADVERSELY AFFECTED PERSON STANDARD. 1020 OKAY.

SO, AGAIN, NOW WE'RE BACK IN IN THE AGENCY TO ANSWER QUESTIONS, TO RAISE THEM, GIVE US YOUR THOUGHTS AND TO HEAR A MOTION AT SOME POINT. TO BE SENSITIVE, I HAVE TWO WONDERFUL LITTLE KIDS MYSELF. IF I THOUGHT SOMETHING WAS THERE, THAT WOULD HARM THEM, I WOULD CERTAINLY, YOU KNOW, BE SITTING IN A PUBLIC FORUM TO FIGURE OUT AND UNDERSTAND IT.

I AM JUST A DUMB ARCHITECT AS I SAY. I DON'T HAVE THE ABILITY, ACCORDING TO LEGAL, TO STATE ANY KNOWLEDGE WHATSOEVER ABOUT RADIO WAVES, OR WHATNOT OF CELL TOWERS. I DON'T FRANKLY UNDERSTAND THE TECHNOLOGY.

I WOULD CERTAINLY ADDRESS THEM TO THE PGA, THEY ARE GREAT PEOPLE.

THERE WAS A LIVE IN THE SAME COMMUNITY. THAT TOWERS IN THE MIDDLE OF ALL OF THEIR STAFF, IT'S MUCH CLOSER, AND I DON'T THINK ANYONE WOULD WANT TO HARM ANYONE THEMSELVES AND THEIR STAFF IN MY OPINION. ANY QUESTIONS FOR THE APPLICANT?

[02:15:06]

MR. MARTIN? >> I WILL GO AHEAD AND OFFER A MOTION, IF THERE IS NO

DISCUSSION. >> I SEE NONE. >> TO APPROVE MINOR MODIFICATION 2019-15, PLAYERS CLUB PUD PGA TOUR. REQUEST TO THE PLAYERS CLUB PUD SPECIFICALLY ORDINANCE 2017-44 IS AMENDED TO ALLOW RELOCATION OF THE COMMUNICATION ANTENNA TOWER WITH A TOUR PARCEL AS DEPICTED ON THE MDP MAP SUBJECT TO THE SIX CONDITIONS AND FIVE

FINDINGS. >> SECONDED. >> ANY FURTHER DISCUSSION? SEEING ON. PLEASE VOTE. MOTION CARRIES UNANIMOUS.

[Item 3]

MOVING ON TO NUMBER THREE, VALERIE STUKES? >> GOOD AFTERNOON AGAIN.

FOR THE RECORD, VALERIE STUKES, AGENDA ITEM NUMBER THREE, REZONING 2019-21 TAYLOR RESULT.

THIS IS A REQUEST TO REZONE APPROXIMATELY 3.67 ACRES OF LAND FROM OPEN RURAL TO RESIDENTIAL MANUFACTURING MOBILE HOME OR SINGLE-FAMILY TO ACCOMMODATE FOR CONSTRUCTION OF TWO NEW SINGLE FAMILY HOMES. THE SUBJECT PROPERTY IS LOCATED AT SOUTH OF KINGS KINGS ESTATES AND JUST SOUTH OF WINES AT A ROW. THE SUBJECT PROPERTY IS APPROXIMATELY 3.6 ACRES AND WITH ACCESS FROM POINSETTIA ROAD. EACH OF THE TWO SINGLE-FAMILY HOMES ARE PROPOSED ON THEIR OWN .64-ACRE LOT FROM THE EXISTING MOBILE HOME WOULD OCCUPY THE REMAINING APPROXIMATELY 2 ACRES. THIS IS A ZONING MAP SHOWING THE CURRENT ZONING OF OPEN NUMERAL ADJACENT TO PRESIDENTIAL MOBILE HOME WITH OPEN ROAD TO THE NORTHEAST AND SOUTH.

COMPRISED LARGELY OF SINGLE-FAMILY HOMES AND MOBILE HOMES.

THE PROPERTY OWNER IS UNABLE TO ESTABLISH OR EXPAND SINGLE-FAMILY RESIDENTIAL USES ON THE SUBJECT PROPERTY IN THE CURRENT ZONING DISTRICT OF OWER. IN ORDER TO ACCOMMODATE ON VARIOUS SIZE LOTS, SUBDIVISION IS PROPOSED UNDER A ZONING DISTRICT WHERE DESIGN STANDARDS CAN BE MET. THIS IS THE TABLE OF ALLOWABLE USES.

THIS TABLE HERE IS THE COMPATIBILITY ANALYSIS SHOWING THE DESIGN STANDARDS FOR THE SURROUNDING DISTRICTS. THIS IS THE COMPATIBILITY MAP SHOWING THE USES OF SURROUNDING PARCELS IMMEDIATELY NORTH OF THE SINGLE-FAMILY HOME AND A SINGLE FAMILY SOUTH.

SOME MOBILE FAMILY HOMES WEST AND SOME VACANT PARCELS TO THE EAST.

THE ZONING OF THIS PROPERTY. STAFF DOES NOT OBJECT TO THE RECOMMENDATION OF APPROVAL FOR THIS REZONING. STAFF FINDS THE REQUEST TO REZONING SUBSTANTIALLY MEETS THE REQUIREMENTS AND THERE ARE FACTS TO SUPPORT A MOTION. THAT CONCLUDES MY PRESENTATION.

THE APPLICANT IS PRESENT >> CAN WE HAVE THE APPLICANT STEP FORWARD, PLEASE?

>> HELLO, MY NAME IS TODD MOREY, 851 POINSETTIA ROAD HERE IN SAINT AUGUSTINE.

I AM THE REPRESENTATIVE FOR WALTER TAYLOR, WHO IS MY FATHER FATHER-IN-LAW, WHO OWNS THE PROPERTY. I AM THE POWER OF ATTORNEY AND ALL OF THAT.

I'M SPEAKING ON HIS BEHALF. WHAT WE ARE DOING, MY FATHER-IN-LAW PURCHASED A 5-ACRE LOT BACK IN THE 80S. HE SUBDIVIDED 1 ACRE PARCEL TO MY WIFE AND I WHO LIVE ON THE LITTLE NICHE THAT IS TO THE NORTH EAST OF SAID PROPERTY. SO, NOW WE HAVE TWO CHILDREN.

HE WOULD LIKE TO DIVIDE HIS BACK HALF OF HIS PROPERTIES ARE TWO GROWN CHILDREN CAN BUILD HOUSES BACK THERE. IT IS CURRENTLY OPEN RURAL AND THE REASON WE HAVE TO REZONE OUR MH IS BECAUSE HIS PROPERTY, HIS HOUSE IS CURRENTLY A MOBILE HOME WE NEEDED TO MEET THE PROPER SETBACKS THAT WE ARE TRYING TO DIVIDE IT UP SO OUR TWO CHILDREN CAN BUILD HOUSES BACK THERE.

>> DO YOU HAVE A MAP THAT SHOWS HOW YOU GOING TO DIVIDE THIS UP? >> YES, I DO.

I ACTUALLY HAVE A SURVEY DONE. I DON'T KNOW -- >> YOU CAN PUT IT ON THAT CENTER ANGLED LOCK RIGHT THERE. THERE'S A CAMERA ABOVE YOUR HEAD.

>> THEY WOULD BE IN THE REAR PART OF THE PARCEL? >> YES.

THEY WOULD BE PARCEL A AND PARCEL B. >> ALL RIGHT.

[02:20:02]

ANY QUESTIONS FOR THE APPLICANT? MR. WAINWRIGHT? >> YES, PERHAPS YOU'RE NOT THE RIGHT PERSON TO ASK, LET'S TRY IT ANYWAY. CAN THE FOLKS THAT YOU ARE SUBDIVIDING THIS FOR, CAN THEY DISPOSE OF THE PROPERTY AS THEY WISH?

>> MAIN CAN THEY SELL IT OR WHATEVER? CURRENTLY THEY CAN'T BECAUSE.

IT WILL BE THEIR OWN PROPERTY, AND THEIR OWN NAMES. YES.

>> THEY CAN DISPOSE OF THIS IF THEY WISH? >> YES THEY COULD COME AGAINST

OUR WISHES. >> YOU ARE AGREEABLE TO HAVING HER TWO CHILDREN LIVE THAT CLOSE

[LAUGHTER] >> WHAT IS FUNNY, MY FATHER-IN-LAW OWNS THE ELECTRICAL BUSINESS, I RUN FOR HIM. BOTH OF MY CHILDREN WERE MY ONE SON IS GETTING MARRIED IN APRIL, THAT IS OUR WISH. WE GET ALONG WELL.

>> THAT IS WONDERFUL. >> MY QUESTION IS FOR STAFF. I KNOW IN THE PAST WE HAVE SEEN SOME OF THESE FLAGPOLE LOTS SUBDIVIDED AND THERE HAS BEEN COMMENTS FROM EMERGENCY MANAGEMENT ABOUT ACCESSING THE PROPERTIES, NEEDING SO MUCH FRONTAGE ALONG THE STREET, IS

NOT AN ISSUE HERE? >> MR. CHAIR, THIS STILL HAS TO BE EVALUATED WHEN THEY GO THROUGH ANY TYPE OF CLEARANCE SHEET, IF THERE ANY CONCERNS. WE DON'T WANT TO LAND LOCKED, SO THEY CERTAINLY HAVE TO HAVE ACCESS THROUGH THE EASEMENT. TYPICALLY, MY EXPERIENCE IN TALKING WITH THE FIRE DIVISION FOR SINGLE-FAMILY, THAT IS NOT AS MUCH OF A CONCERN IN TERMS OF SUCH OF A SUBDIVISION, ESPECIALLY WHEN THERE'S NOT A LONG DISTANCE TO TRAVERSE THROUGH. FOR EXAMPLE IF THIS WAS 1500 FEET AND IT WAS REAL, AND THE STABILITY OF THE ROSE WAS A CONCERN, BUT IN MY EXPERIENCE, LISTENING TO FIRE THEIR MANY MEETINGS, IT IS NOT SOMETHING THAT WOULD PROBABLY BE A CONCERN.

>> THANK YOU. >> ANY OTHER QUESTIONS FOR THE APPLICANT OR STAFF? ALL RIGHT. THANK YOU. YOU MAY SIT DOWN.

>> WE DO HAVE ONE CARD FROM SALLY O'HARE >> WENT TO GET TO THE PODIUM,

STATE YOUR NAME AND ADDRESS AND YOU WILL HAVE THREE MINUTES. >> I AM SALLY O'HARA, 2985 KINGS ROAD. SAINT AUGUSTINE FLORIDA. I HAVE LIVED IN ST. JOHNS COUNTY 47 YEARS. I HAVE LIVED ADJACENT TO THIS AREA.

WE HAVE A LITTLE SHY OF 15 ACRES THE BIG BLANK AREA TO THE EAST, OF THE PROPERTY IN QUESTION, IS MY FAMILY'S PROPERTY. IT IS OPEN -- OPEN RURAL. WE WANT TO KEEP IT OPEN RURAL.

I HAVE NO OBJECTION FOR PRIVATE PROPERTY OWNERS TO DEVELOP THEIR PROPERTY AS THEY WISH.

MY QUESTION WITH THIS PARTICULAR CHANGE IN ZONING. THE ROAD EASEMENT; I WOULD LIKE TO KNOW IF POINSETTIA ROAD IS GOING TO BE COMPLETED BY THE COUNTY, AND IF THE AREA IS GOING TO BE OPENED UP? IF IT IS I AM AGAINST IT. IT BACKS UP TO MY PROPERTY, TWO LARGE PARCELS. MY HUSBAND AND I OWNED AND OPERATED A TROPICAL FISH BUSINESS AND IT IS ZONED FOR AQUACULTURE. WE HAVE A LARGE POPULATION OF WILDLIFE IN THE AREA. ANY OTHER FUTURE DEVELOPMENT IN THE AREA WOULD BE ADVERSE TO THE WILDLIFE IN THE AREA. I WAS ALSO CONCERNED THAT MAYBE MORE MOBILE HOMES WOULD BE GOING IN THE AREA. I HAVE NO PROBLEM WITH AFFORDABLE HOUSING, BUT I DO WANT TO PRESERVE THE AREA AND AS I SAY, WE HAVE BEEN THERE, I WAS THERE BEFORE THEY WERE THERE.

WE LIVED SIX MONTHS ON A GENERATOR. I PREFER OUR PROPERTY REMAINED OR. I UNDERSTAND THE DESIRE TO WE DID BUILD A HOME FOR MY DAUGHTER, ON OUR PROPERTY. OUR 15 ACRES HAS MY HOME AND MY DAUGHTER'S PROPERTY.

I AM ALL FOR THAT. AS FAR AS NOISE IN THE AREA. NOISE CARRIES TO THE WOODS, AND EVEN THOUGH WE ARE, YOU KNOW, A LOT OF TREES AROUND AND DISTANCE AROUND, NOISE DOES CARRY THROUGH THOSE BACK WOODS. IT DOES DISTURB THE WILDLIFE, TOO.

I DO SUPPORT THE APPLICANT'S DESIRE TO BUILD FOR A FAMILY, JUST WANT TO MAKE SURE THERE ARE NO MOBILE HOMES ON THE ROAD IS NOT OPEN UP. THANK YOU.

>> THANK YOU. IF THE APPLICANT WOULD STEP FORWARD AND SPEAK TO ANYTHING

[02:25:01]

TRY TO ENABLE THEM. I APOLOGIZE, I TRIED TO VISIT MY NEIGHBORS, I MUST'VE MISSED YOU AHEAD OF TIME. I APOLOGIZE FOR THAT. IT WAS OUR INTENT TO LET OUR NEIGHBORS KNOW AHEAD OF TIME WHAT OUR DESIRES WERE. WE ARE ACTUALLY AGAINST CONTINUING THAT ROAD, 100%. WE LOVE THE WILDLIFE. MY FATHER-IN-LAW AND I FEED THE DEER, WE SEE THE SEVEN OF THEM THAT COME DOWN, WE ACTUALLY LOVE THE GOPHER TURTLES.

IT IS DEFINITELY SOMETHING I TRIED TO PURCHASE THE PROPERTY ON POINSETTIA ROAD, THE GENTLEMAN WILL NOT SELL TO ME. BECAUSE WE DO NOT WANT ANYBODY TO BE ABLE TO PURCHASE THAT AND CONTINUE THE ROAD THROUGH TO BUILD A HOUSE ON THERE. AND, THE ONLY REASON IT HAD TO GO OUR MH H IS BECAUSE OF THE SETBACKS. WE WANTED RS THREE SO THAT WE ENSURE THE COMMUNITY THAT IT WOULD BE HOUSES. BECAUSE HIS MOBILE HOME IS ALREADY EXISTING IT HAD TO GO TO OUR MHS. OUR INTENTION IS NOT TO DO A MOBILE HOME AT ALL. THEY ARE GOING BUILD TWO HOUSES THERE.

I THINK ALL OF YOUR CONCERNS ARE VERY VALID. I APOLOGIZE DID I DO NOT TALK TO

YOU AHEAD OF TIME. >> THANK YOU. CAN COUNTY STAFF SPEAK ABOUT THE POTENTIAL IF THERE IS ONE OF THE EXPANSION OF POINSETTIA ROAD. IF THE COUNTY COULD NOT PREVENT SOMEONE TO IMPROVE THAT, BUT IT WOULD BE A PRIVATE INDIVIDUAL THAT WOULD HAVE TO PAY FOR THE COMPLETION OF THAT ROAD. IF SOMEBODY HAD THE WHEREWITHAL TO COME IN AND DECIDED TO

CONNECT IT, THEY COULD DO IT. >> THE MAPS DON'T SHOW IF THAT RIGHT-OF-WAY CONTINUES INTO THIS

SPEAKER PROPERTY, IT DOESN'T SHOW PROPERTY LIES ESSENTIALLY. >> DOES IT JUST DEAD IN THEIR, I

SEE DESOUSA COMING UP. >> WE CAN BRING UP IF YOU LIKE AN ACTIVE MAP TO SEE IT, WOULD

THAT BE HELPFUL? >> IF IT CAN BE ANSWERED IN ANOTHER WAY.

>> BELIEVE WE HAD AN AERIAL IMAGE PRESENTATION. AS WE ARE WAITING HERE, TYPICALLY ROSE THAT ARE NOT OPENED USUALLY ARE NOT OPEN ANY TIME SOON, BECAUSE THERE IS A REASON FOR THEM NOT BEING OPEN. I DON'T KNOW IF MA'AM, YOUR PROPERTY IS ON BOTH SIDES OF THAT ROAD, AND YOU WOULD BE THE ONE TO DICTATE WHETHER THAT GETS OPEN OR NOT?

OR HELP DICTATE THAT. >> I AM A LITTLE BIT FAMILIAR WITH THE AREA.

I HAVE DRIVEN KINGS ESTATES AND KINGS ROAD AND FROM WHAT I AM SEEING ON THIS MAP ON PAGE TWO OF THE STAFF REPORT, POINSETTIA ROAD CURVES DOWN AND THERE IS NO RIGHT-OF-WAY SHOWN.

IT WOULD PRESUMABLY KIND OF GO STRAIGHT DOWN TO WHERE THAT CURVE IN KINGS ROAD IS.

I MEAN, THAT IS ALL KIND OF SINGLE LOTS. IT'S NOT REALLY LIKE, YOU KNOW, DEVELOPMENT AREAS. IT IS NOT SOMEONE COMING IN A BUILDING 20-30 HOUSES ANYWHERE AND THERE THAT I KNOW OF. IF SOMEBODY ARE GOING TO COMPLETE THAT ROAD DOWN THERE, THEY WOULD HAVE TO HAVE A PRETTY SUBSTANTIAL CHUNK OF CHANGE TO PAY THAT HOLE RIGHT-OF-WAY DOWN TO THE CURVE. IT DOESN'T SEEM LIKE SOMETHING THAT IS VERY LIKELY TO HAPPEN.

>> THEY WOULD HAVE TO BUILD OUT TO TODAY'S CURRENT COUNTY STANDARDS.

IT WOULD BE THE SAME SCENARIO HERE. SOME OF WANTING TO ACCESS THE PROPERTY AND OPEN ROAD FRONTAGE. AS WE CAN SEE FROM HERE -- I DON'T KNOW THAT ANYBODY IS PROHIBITING ACCESS FROM THEIR PIECES OF PROPERTY. GOING THROUGH THE PROCESS OF

GETTING RIGHT RIGHT-OF-WAY CONSTRUCTION PLANS APPROVED. >> MY QUESTION IS SATISFIED.

THANK YOU. MR. WAINWRIGHT? >> TO BE SURE I UNDERSTAND, IT DOESN'T SEEM TO ME THAT THIS REZONING AFFECTS WHAT HAPPENS OR THE POSSIBILITIES OF WHAT

[02:30:05]

HAPPENS TO THE ROAD. IS THAT CORRECT? >> IT IS.

>> BACK IN THE AGENCY. COMMENTS? >> YES, THANK YOU MR. CHAIRMAN.

AREA.VERY FAMILIAR WITH THE- I FIND THIS TO BE COMPATIBLE, IT'S NOT GOING TO, WE JUST VERIFIED WITH STAFF THAT THE CHANGE IS NOT GOING TO AFFECT THE ROAD.

I'M PREPARED TO OFFER A MOTION TO APPROVE. MOTION TO RECOMMEND APPROVAL OF 2019-21 TAYLOR REZONED, APPROXIMATELY 3.67 ACRES OF LAND FROM OPEN RURAL TO RESIDENTIAL MANUFACTURE MOBILE HOME OR SINGLE-FAMILY BASED UPON THE FOUR FINDINGS OF FACT.

>> SECOND. ANY FURTHER DISCUSSION? PLEASE VOTE.

[Item 4]

>> LAST ITEM ON THE AGENDA. >> MEMBERS OF THE AGENCY, CYNTHIA MAY WITH GROWTH MANAGEMENT. THIS IS AGENDA ITEM NUMBER FOUR. THEY ARE REQUESTING A MODIFICATION TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES, FOR OFF-SITE CONSUMPTION AS DEFINED WITHIN THE ST. JOHNS COUNTY LAND OF ELEMENT CODE. THE SITE IS LOCATED ON RACETRACK ROAD AND IT WOULD BE EAST OF THE I-95 AND WEST OF U.S. ONE. THE SITE IS ACTUALLY DIVIDED BY BERTRAM SPRINGS PARKWAY. THE EXISTING SHOPPING CENTERS ON THE THE WEST SIDE OF THAT ROAD.

THE PROPERTY HAS COMMUNITY COMMERCIAL LAND USE DESIGNATION. THERE IS A COMMERCIAL ACROSS THE STREET ALONG WITH AGRICULTURE. IT IS A PUD ALONG WITH A RURAL ACROSS.

FOR HISTORY OF THE SITE, IN 2018, THE PZA APPROVED A MINOR MODIFICATION THAT WAS SPECIFICALLY ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITH THE DRIVE THROUGH AND NO ON PREMISE DISCUSSIONS -- CONSUMPTION FOR THE PACKAGE LIQUOR STORE. THE APPROVAL WAS SPECIFIC TO HIS SUITE ONE BUILDING SIX WITHIN THE PROMENADE AT MERCHANT SPRINGS SHOPPING CENTER.

NOW THE LIQUOR STORE. THIS APPLICATION IS TO ALLOW ALCOHOLIC BEVERAGES SALES TO BE PERMITTED THROUGHOUT THE SHOPPING CENTER. THE PUD TEXT CURRENTLY PROHIBITS GENERAL BUSINESS SUCH AS RETAIL STORES, NEIGHBORHOOD CONVENIENCE STORES AND RESTAURANTS THE LAND OF ELEMENT CODE DEFINES A LIQUOR STORE OR PACKAGE STORE IS AN ESTABLISHMENT ENGAGED WAS WHEN THE RETAIL SALE OF PACKAGE ALCOHOLIC BEVERAGES FOR CONSUMPTION OFF PREMISES.

ALCOHOLIC BEVERAGES OTHER THAN MALT BEVERAGES AND WINE ARE SUBJECT TO THE PROVISIONS OF LAND OF ELEMENT CODE SECTION 203, REQUIRING A SPECIAL USE PERMIT SPECIFICALLY AT HEARING TO THE CONDITIONS AND LIMITATIONS IN SECTION 203-02. HERE'S A PLAN OF THE CURRENT LOCATION WHICH IS LOCATED, LIKE I SAID EARLIER, ON THE WEST SIDE OF THE BERTRAM SPRINGS PARKWAY.

THE APPLICANT PROVIDED SHOWING THE THOUSAND FOOT DEMARCATION FROM THE EDGE OF THE PROPERTY LINE WHICH IS THE REQUIREMENT OF THE SPECIAL USE PERMIT FOR SEPARATION FROM SCHOOLS AND CHURCHES AND THE THE BARTRAM SPRINGS ELEMENTARY SCHOOL. SHOWN TO THE NORTH OUTSIDE OF THAT. MODIFICATIONS CAN BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND WITHOUT SUBSTANTIALLY IMPAIRING THE INTENT AND THE PURPOSE AND LAND OF ELEMENT CODE. THE PROPOSED USE IS COMPATIBLE WITH THE SURROUNDING AREA AND WILL NOT HAVE A NEGATIVE IMPACT ON SURROUNDING OR ADJACENT USES. AND THE PROPOSAL MEANS ALL OF THE PROVISIONS OF THE LAND OF ELEMENT CODE DOES NOT APPEAR TO BE IN CONFLICT WITH THE COUNTY.

STAFF HAS NOT RECEIVED ANY CORRESPONDENCE REGARDING THIS. FINDS IT SUBSTANTIALLY MEETS THE REQUIREMENTS OF THE COMPREHENSIVE PLAN AND THE LAND OF ELEMENT CODE AND DOES NOT OBJECT TO RECOMMENDATIONS OF APPROVAL FOR THE REQUESTED MODIFICATION.

THERE ARE SIX FINDINGS OF FACT PROVIDED TO RECOMMEND APPROVAL. SEVEN FINDINGS TO RECOMMEND

DENIAL. THAT CONCLUDES MY PRESENTATION. >> I DON'T HAVE ANY QUESTIONS, MR. CHAIRMAN. I WANTED TO DECLARE THAT I DID SPEAK WITH MR. WHITE HOUSE

YESTERDAY ABOUT AGENDA ITEM. >> THANK YOU. MR. WHITEHOUSE?

[02:35:06]

>> GOOD AFTERNOON AGAIN, MR. CHAIRMAN. FOR THE RECORD MY NAME IS JAMES WHITEHOUSE. ST. JOHN'S ALONG GROUP. I AM HERE ON BEHALF OF OF THE OWNER, AND THE APPLICANT FOR THIS PARTICULAR APPLICATION. THIS IS A MAJOR MOD THAT WAS EXPLAINED TO YOU, AND SHE LAID IT OUT VERY WELL. THE PARK PUD ARE COMMERCIAL AREAS, SOME OF YOU MAY REMEMBER THAT THIS PARTICULAR AREA WAS BEFORE YOU LAST YEAR IN 2018 AS MS. MAY TOLD YOU FOR MINOR MODIFICATION TO PLACE THIS TYPE OF USE IN A PARTICULAR UNIT AND THAT COMMERCIAL AREA. THIS APPLICATION, TO MAKE A MODIFICATION TO THE PUD TO ALLOW THIS TYPE OF USE IN ANY TYPE OF THOSE COMMERCIAL AREAS. IN THE AREA TO THE WEST SIDE IS ALMOST ABOUT NOW. THEY ARE STILL TRYING TO DETERMINE THAT.

ENTER CODE TO BE ABLE TO PUT IT IN ANY ONE OF THOSE UNITS AND NEEDS TO BE A MAJOR MOD.

THAT IS WHY WE ARE HERE. I WANT TO LAY THE POINT ANYMORE. BUT I'M HERE TO ANSWER

QUESTIONS. IF YOU NEED ME TO. >> ANY QUESTIONS FOR THE APPLICANT? I SEE NONE. ANY PUBLIC SPEAKER CARD? WE ARE BACK IN THE AGENCY. THOUGHTS, EMOTIONS? COMMENTS?

MR. WAINWRIGHT? >> A QUESTION AND THEN A MOTION. IF WE AGREE TO THIS, WE RECOMMEND THIS, IS THE APPLICANT TIED DOWN TO ONE LOCATION, OR COULD HE OCCUPY THEM ALL?

>> UM, IT'S A COMMERCIAL AREA WHERE THERE A BUNCH OF DIFFERENT UNITS IN UM SOME OCCUPIED UNITS ON THE UM WESTERN AREA THAT IS FINISHED NOW, ARE ALSO FINISHED. THE AREA TO THE EAST OR -- THE EASTERN SECTION OF THIS COMMERCIAL AREA IS BEING UM, YOU KNOW, CONSTRUCTED NOW.

UM THIS PARTICULAR, WELL, I AM HERE ON BEHALF OF OBVIOUSLY THE OWNER OF THE PROPERTY AS WELL ON THE END-USER, TOO. THERE IS NO INTENT, IN OTHER WORDS FOR THIS PARTICULAR END-USER TO BE IN THE UNITS. THEY WOULD JUST BE IN ONE. IF YOU PUT THIS USE, WHICH, AS THE STAFF SAID IS AN ALLOWABLE USE IN THE LAND USE IN THE PUD. TO COVER THIS AREA.

THERE MAY BE MORE THAN ONE IN THE AREA. ARCHIE IS GOING TO MAKE A MOTION

UNLESS YOU HAVE A COMMENT. >> DO YOU WANT TO ARM WRESTLE OVER IT?

LET'S GIVE IT TO DOCTOR MCCORMICK. >> GO AHEAD.

>> HE IS GOING TO READ IT WITH HIS MICROPHONE ON, ISN'T HE? >> MY MOTION IS TO RECOMMEND APPROVAL OF MAJOR MODIFICATION 2019-07, BARTRAM PARK PUD, MAJOR MODIFICATION OF THE PARK PUD ORDINANCE 2001 ---3 AS AMENDED. TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AS DEFINED WITHIN THE ST. JOHN'S LAND DEVELOPMENT CODE BASED ON FINDINGS IN FACT.

>> EMOTION AND A SECOND. ANY FURTHER DISCUSSION. PLEASE VOTE.

[Reports]

I CARRIES UNANIMOUS. STAFF REPORTS. >> MR. CHAIR, MR. RITTER CAME AND SPOKE TODAY, ONE OF THE NEW PLANNING AND ZONING AGENCY YOU HAVE ANOTHER ONE, JUST A REMINDER FOR THOSE WHO DO NOT GET TO WATCH THE BOARD OF COUNTY COMMISSIONERS MEETING, HER NAME IS MEGAN PERKINS. SHE WILL BE PROVIDING ALL OF THE PAPERWORK THAT GETS TURNED INAPPROPRIATELY. THEIR FINANCIAL STATEMENTS OR WHATEVER ELSE NEEDS TO BE TURNED IN. WE VIEW THEM COMING TO THE NEXT PLANNING AND ZONING AGENCY MEETING. WE WOULD LOVE, RIGHT NOW, WE DON'T HAVE ANYTHING, BUT FOR THE MEMBERS THAT ARE LEAVING US, MRE WOULD LOVE TO MAKE SOME SORT OF PRESENTATION, BUT NOT AT THIS

[02:40:02]

THROUGH THE WHOLE THING. >> I WOULD RATHER NOT. >> I THINK THAT IS ALL WE HAVE.

>> AGENCY REPORTS? MR. MARTIN? >> I WOULD JUST LIKE TO SAY, IN CLOSING, THANK YOU TO EVERYONE. EXPRESSING MY GRATITUDE TO THE COUNTY COMMISSIONERS FOR.

WHEN I FIRST APPLIED I WAS 28 YEARS OLD. THEY COULD HAVE EASILY TOLD ME TO TAKE A HIKE. , THANK YOU FOR SEEING SOMETHING IN ME, THAT I WAS ABLE THANK YOU TO EVERYBODY ON THE BOARD WHO SERVES, I KNOW HOW DIFFICULT IT COULD BE AT TIMES.

BALANCING THE INTEREST OF THE APPLICANTS, THE PUBLIC, COMMUTERS, TAXPAYERS AND THEN WHAT THE STATUTE SAY WE CAN AND CANNOT CONSIDER. THANK YOU TO THE STAFF.

IT'S ALWAYS BEEN A TOP-NOTCH OPERATION EVERY TIME I'VE HAD TO ASK A QUESTION OF THE GROWTH MANAGEMENT STAFF. I'VE GOT PROMPT ANSWERS CLEARLY EXPLAINED TO ME.

I AM A LAYPERSON, I DON'T HAVE THE BACKGROUND AND ARCHITECTURE, ENGINEERING, OR SITE DESIGN.

THE ABILITY TO EXPLAIN THINGS IN A WAY THAT I CAN UNDERSTAND HAS BEEN WONDERFUL.

YOU KNOW, I LEAVE IN GREAT SPIRITS AND VERY GRATEFUL THAT WE HAVE TWO VERY HIGHLY QUALIFIED PEOPLE COMING ONTO THE AGENCY WITH THAT SAME WILLINGNESS AND SPIRIT TO SERVE.

IN CLOSING, I JUST WANT TO WISH EVERYONE FOSTER EARLY MERRY CHRISTMAS AND HAPPY NEW YEAR.

>> THANK YOU. DICK WILLIAMS, YOUR NICKNAME WAS "WITH THE KID.

I DON'T KNOW IF YOU WERE AWARE OF THAT. YOU WERE VERY YOUNG COMING ON.

I THINK YOU HAVE GROWN, AND OBVIOUSLY YOU KNOW A LOT MORE ABOUT IT NOW THAN EVER BEFORE.

>> THANK YOU, MR. CHAIRMAN. I WANTED TO THANK JEFF FOR NINE YEARS ON THE BOARD AND ALSO MR. WOODARD. LIKE I SAID, IT IS A THANKLESS JOB AND IT CAN BE DIFFICULT, AT TIMES. THANK YOU GUYS FOR SERVING AND ALL THAT YOU DO.

WELCOME TO THE TWO NEW MEMBERS WE ARE EXCITED TO HAVE THEM. QUESTION OF HER STAFF, IS THERE ANOTHER ELECTION SINCE JOHN WAS THE VICE CHAIR? DO WE NEED TO ELECT A NEW VICE

CHAIRMAN? >> YES. I WAS ACTUALLY GOING TO ASK THAT. WHEN WOULD YOU LIKE TO HAVE THE CHAIR/VICE CHAIR ELECTIONS? IN THE ABSENCE OF A VICE CHAIR, USUALLY ROBERTS RULES DICTATE THAT THE CHAIR CAN APPOINT AN INTERIM VICE CHAIR, YOU KNOW, ON AN AS IS BASIS. I THINK IT'S USUALLY AROUND THIS TIME. I DON'T KNOW, YEAH, JANUARY TIMEFRAME.

WANTS OUR TWO NEW MEMBERS HAVE A FEEL FOR THINGS AND KIND OF UNDERSTAND HOW THE PROCESS WORKS WE WILL TRY TO SET UP A CHAIR AND VICE CHAIR ELECTIONS. IN THE INTERIM, FOR ONE MEETING, THE SITTING CHAIR CAN SELECT A VICE CHAIR. IN THAT RARE OCCASION WHERE HE IS NOT PRESENT, THEN WE HAVE GONE THROUGH THAT PROCESS BEFORE , THE COURT BECAUSE THE MEETING AND THE FIRST ACTION IS TO SELECT AN INTERIM CHAIR WHO THEN SELECTS AN INTERIM VICE

CHAIR. >> WE WILL DO THE ROCK, PAPER, SCISSORS FOR THE NEXT MEETING

FOR VICE CHAIR. >> MR. MARTIN, IF YOU WOULD LIKE TO, WE WILL HAVE A PLAQUE HERE

IN A WEEK OR SO. >> I CAN TAKE A LATE LUNCH FROM WORK.

>> MR. WOODARD, IF YOU ARE OUT THERE LISTENING IN, TO JOIN US. WE WILL GET IT DONE FIRST THING.

MORE PATS ON THE BACK AND I APPRECIATE YOUR TIME AND SERVICE HERE.

I WOULD LIKE FOR YOU TO MAKE THE MOTION TO ADJOURN. >> I MAKE A MOTION TO ADJOURN.

* This transcript was compiled from uncorrected Closed Captioning.