Jul 09, 2026 Planning and Zoning Agency

[ Call meeting to order]

[00:00:10]

>> GOOD AFTERNOON. DE SAINT JOHNS COUNTY PLANNING AND ZONING AGENCY BOARD WILL NOW COME TO ORDER.

WOULD YOU PLEASE RISE AND JOIN US IN THE PLEDGE OF ALLEGIANCE.

THANK YOU. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND

JUSTICE FOR ALL. >> THANK YOU ALL.

MISS SPIEGEL, WOULD YOU PLEASE READ THE PUBLIC NOTICE

STATEMENT. >> THIS IS A PROPERLY NOTICE PUBLIC HEARING HELD IN CONCURRENCE WITH THE REQUIREMENTS OF FLORIDA LAW. THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO COMMENT ON TOPICS RELEVANT TO THE AGENCY'S AREA OF JURISDICTION AND BE GIVEN AN OPPORTUNITY TO OFFER COMMENT AT A DESIGNATED TIME DURING THE HEARING.

THE PUBLIC SHALL SPEAK AT A TIME DURING THE MEETING ON EACH ITEM AND FOR A LENGTH OF TIME AS DESIGNATED BY THE CHAIRMAN WHICH SHALL BE 3 MINUTES. SPEAKERS SHOULD IDENTIFY THEMSELVES, WHO THEY REPRESENT AND THEN STATE THEIR ADDRESS FOR THE RECORD. SPEAKERS MAY OFFER SWORN TESTIMONY. IF THEY DO NOT, THE FACT THAT THE TESTIMONY IS NOT SWORN MAY BE CONSIDERED BY THE AGENCY IN DETERMINING THE WEIGHT AND TRUTHFULNESS OF THE TESTIMONY.

IF A PERSON DECIDES TO REPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE 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 SHALL BE PROVIDED TO THE CLERK FOR INCLUSION INTO THE RECORD FOR THE RECORD WILL THEN BE AVAILABLE FOR ALL OTHER BOARD AGENCY OR COMMITTEE OR THE COUNTY IN REVIEW OF APPEAL RELATED TO THEM.

AGENCY MEMBERS ARE REMINDED THAT AT THE BEGINNING OF EACH ITEM THEY SHOULD STATE WHETHER THEY HAD ANY COMMUNICATION WITH THE APPLICANT OR ANY OTHER PERSON REGARDING THE SUBSTANCE OF THE ITEM OUTSIDE THE FORMER HEARING OF THE AGENCY.

IF SUCH COMMUNICATION HAS OCCURRED, THE AGENCY MEMBER SHOULD THEN IDENTIFY THE PERSONS INVOLVED AND THE MATERIAL CONTENT OF THAT COMMUNICATION. CIVILITY CLAUSE.

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

[Public Comment]

PERSONAL ATTACKS. >> THANK YOU, MISS SPIEGEL.

NEXT ON THE AGENDA, WE HAVE PUBLIC COMMENT.

BUT LET ME SAY A FEW THINGS ABOUT THAT, THERE'S GOING TO BE AMPLE OPPORTUNITY FOR PUBLIC COMMENT.

THIS IS PUBLIC COMMENT FOR SOMETHING THAT IS NOT ON THE AGENDA. YOU'LL BE GIVEN AN OPPORTUNITY TO SPEAK TO THINGS ON THE AGENDA WHEN IT'S APPROPRIATE BUT IF YOU WANT TO SPEAK NOW, YOU ARE NOT GOING TO BE ALLOWED TO GET UP LATER AND SPEAK. THERE WILL BE A SMALL TWEAK TO THAT AS WE GO DOWN AGENDA ITEMS HERE.

IF SOMEBODY IS HERE FOR GENERAL PUBLIC COMMENT THEY CAN COME UP

NOW AND SPEAK FOR 3 MINUTES. >> BEFORE YOU CLOSE GENERAL PUBLIC COMMENT, THE COUNTY IS GOING TO REQUEST A CONTINUANCE ON BOTH THE WELLHEAD ITEMS AND AT THIS POINT COMPLYING IS DIFFICULT. WE HAD A CONVERSATION WITH THE COMMERCE DEPARTMENT LAST WEEK. WE PRESENTED THEM TWO DIFFERENT OPTIONS FOR A COUPLE OF DIFFERENT WAYS TO MOVE FORWARD WE ARE WAITING ON THEM TO TELL US WHAT WOULD POTENTIALLY BE OKAY. AND SO THERE IS NO REASON TO MOVE THIS FORWARD YET. AND SO WE'RE GOING TO ASK TO CONTINUE THIS TO THE JULY 23RD MEETING, THAT'S WHY I'M LETTING YOU KNOW NOW IN CASE ANYONE WANTED TO TALK ABOUT THOSE ITEMS BECAUSE WE THINK IT WOULD BE APPROPRIATE TO MOVE INTO THAT

MEETING. >> THAT SEEMS FINE TO ME.

DOES ANYONE WANT TO SPEAK TO THAT?

>> THOSE ARE ITEMS NUMBER 1 AND 2, THE WELLHEAD PROTECTION.

CHANGES TO THE LAND DEVELOPMENT CODE AND THE COMP PLAN, ST. JOHN'S COUNTY COMP PLAN. SEEING NONE, WE ARE GOING TO CLOSE THIS PUBLIC COMMENT. WE ARE SKIPPING OVER ITEMS ONE AND TWO BECAUSE I GUESS WE NEED TO VOTE ON CONTINUANCE.

PUBLIC COMMENT IS NOW OVER BECAUSE NOBODY GOT UP TO SPEAK.

CHARLIE, DO YOU WANT TO SPEAK? IF YOU WANT TO SPEAK FOR PUBLIC COMMENT RIGHT NOW ON ITEMS ONE AND TWO, BUT WE ARE GOING TO VOTE ON THE CONTINUANCE AND THEN YOU CAN SPEAK.

[00:05:05]

NOBODY GOT UP. LEX WANTS TO CONTINUE ITEMS ONE AND TWO. WE ARE GOING TO VOTE ON THAT.

IF YOU WANT TO SPEAK TO THAT ITEM, YOU WILL BE ALLOWED TO APPEAR HOW ABOUT THAT? OR DO YOU HAVE A GENERAL PUBLIC

COMMENT YOU WANT TO MAKE? >> WE ARE NOT TRYING TO CONFUSE

YOU. >> MR. HUNT, DO YOU HAVE SOMETHING YOU WOULD LIKE TO SAY THAT IS UNRELATED TO ITEMS ON THE AGENDA? I HAVEN'T SEEN YOU IN A WHILE HERE. I LIKE YOUR COMMENTS, TYPICALLY.

BUT NOW I'M GETTING A LITTLE WORN THIN WITH IT.

BUT GET UP AND LET US HEAR WHAT YOU HAVE TO SAY BEFORE WE VOTE ON THE CONTINUANCE FOR ITEMS ONE AND TWO.

HOW ABOUT THAT? AND YOU WILL HAVE 30 SECONDS.

I AM KIDDING. YOU WILL GET YOUR FULL

3 MINUTES. >> LADIES AND GENTLEMEN, I AM CHARLIE HUNT. I AM A PERMANENT REGULAR PERSON WHO COMES HERE. I DO NOT HAVE AN ASSIGNED SEAT OR IT IS NOT ALWAYS GUARDED SO NOBODY ELSE CAN SIT IN IT, BUT, YES, IT WAS CONFUSING ON MY PART OF LEADING INTO ONE.

SO THAT'S WHAT IT IS. BUT, YES, I WOULD LIKE TO MOVE INTO THE PUBLIC COMMENT SECTION. LADIES AND GENTLEMEN, AS YOU KNOW, THIS PAST WEEKEND, WE CELEBRATED A HIGH RESPECT FOR THE NATION THAT WE ARE IN CACTI FOURTH OF JULY, SHOWING THAT THE NATION WAS SET AND WE SET TO% MAKE THE NATION AS IT IS TODAY.

YES, WE HAVE OUR ISSUES, OUR PROBLEMS. EVERYTHING DOESN'T GO RIGHT. BUT IF IT WENT RIGHT, IT WOULD PROBABLY BE WORSE BY NOW. BY SAYING THAT, IT'S A GREAT, ESTABLISHED IDENTITY THAT THE CONSTITUTION PLAYED OUT ON MONDAY, THIS PAST MONDAY WITH THE CERTAIN SWORN STATEMENTS AND AFFIDAVITS THAT CAME OUT TO BE PART OF THE UNITED STATES CONSTITUTION OF SEEKING JUSTICE. WE ARE LOOKING FOR JUSTICE, AND JUSTICE WILL BE DECIDED. THAT IS WHAT WE ARE HERE FOR.

WE CAN LOOK AT PUTTING WHATEVER WE HAVE ON THE AGENDA.

THAT'S FINE. I UNDERSTAND.

BUT MANY TIMES IN MY CAREER, I STOOD AND SAID I WOULD DEFEND THE CONSTITUTION FROM ALL ENEMIES BOTH FOREIGN AND DOMESTIC. IT DOESN'T MEAN PHYSICAL ENEMIES -- DOES IT MEAN PHYSICAL ENEMIES OR DOES IT MEAN THE MISDEMEANOR TYPE ENEMIES? WHO KNOWS.

BUT AS WE MOVE ON, WE CAN LOOK AT WHAT HAPPENED ON THE FOURTH OF JULY AND SEEING WHAT THIS COUNTY HAS IMPACTED SINCE THEN THAT WE WILL BE STRAIGHTFORWARD OF GOING ON AND MOVING AND FINDING THE ENDS TO THE ISSUES THAT HAVE BEEN DRAGGING THIS COUNTY DOWN. AND IT SHOULD BE DONE AND IT WILL BE DONE JUSTIFIABLY. THANK YOU.

>> THANK YOU. WOULD ANYONE ELSE LIKE TO SPEAK AT GENERAL PUBLIC COMMENT THAT YOU -- BUT YOU WILL NOT BE ALLOWED TO SPEAK LATER IF YOU ADDRESS THE ITEM.

[1. COMPAMD 25-01 Wellhead Protection Adoption Hearing. Since the original St. Johns County Land Development Code in 1999 and Comprehensive Plan, significant technological and regulatory advancements have been made related to wellhead protection. Based on increased density in the County and its need for future well sites, SJCUD proposes to bring the County Comp Plan and Land Development code into compliance with State law and alignment with current best practices. This Comprehensive Plan Amendment was sent to the State for Review. This is the second reading and public hearing of the proposed Comp Plan Amendment. If approved to proceed through the public hearing process, the Comp Plan Amendment will be sent to the State for recommendations.]

[2. LDCA 25-07 Wellhead Protection. Since the original St. Johns County Land Development Code in 1999 and Comprehensive Plan, significant technological and regulatory advancements have been made related to wellhead protection. Based on increased density in the County and its need for future well sites, SJCUD proposes to bring the County Comp Plan and Land Development code into compliance with State law and alignment with current best practices. This is the first reading and public hearing of the proposed Land Development Code Amendments that correspond with COMP Plan Amendment 2026-01 on Wellhead Protection goals and regulations.]

NOW WE ARE GOING TO VOTE ON WHETHER WE ARE GOING TO CONTINUE AT LEXA'S REQUEST ITEMS NUMBER 1 AND 2.

THAT'S THE WELLHEAD PROTECTION, ITEM FOR COMP PLAN AND LDC CHANGES. WE HAVE A MOTION AND A SECOND.

WE ARE GOING TO DO A VOICE VOTE ON THIS.

ALL IN FAVOR SAY I. ALL OPPOSED THE MOTION PASSES.

[3. ZVAR 2025-35 Bushrangers Brewery. Request for a Zoning Variance, pursuant to Section 2.03.02.A of the Land Development Code, to allow Alcoholic Beverage Sales and Consumption within 1,000 feet of a Church, specifically located at 470 State Road 207. This request is a companion application to SUPMAJ 2025-30. ]

[4. SUPMAJ 2025-30 Bushrangers Brewery. Request for a Special Use Permit, pursuant to Section 2.03.58 of the Land Development Code, to allow for a Microbrewery in Industrial Warehousing (IW) zoning, specifically located at 470 State Road 207. This request is a companion application to ZVAR 2025-35.]

[00:10:06]

DOUG. >> THANK YOU MR. CHAIRMAN I APPRECIATE THE OPPORTUNITY TO BE HERE.

IT HAS BEEN A WHILE. THIS IS A PRETTY NEAT PROJECT BECAUSE IT IS ONE THAT IS A LOCAL BUSINESS SUCCESS STORY.

THIS IS A BUSINESS WHERE THE FOUNDERS OF A COFFEE SHOP HAVE DECIDED TO EXPAND MAIN OPERATIONS.

I WILL SHOW YOU THE MAP HERE IN A MOMENT ON MY POWERPOINT PRESENTATION HERE BUT THE INTERESTING THING ABOUT IT IS THEY ARE LOOKING AT DOING A RESTAURANT WITH A MICROBREWERY TO EXPAND BUT IT'S ALSO AT THEIR MAIN LOCATION, THE MAIN LOCATION WOULD BE EXPANDING AND ADDING WAREHOUSE FACILITIES AS WELL.

I ALSO WANT TO SHARE WITH YOU AS I GET STARTED HERE THAT WITH ME IS MEGAN AND SPENCER, PRINCIPALS OF THE BUSINESS AND ALSO WITH US IS PATRICK FROM OPEN CITY ARCHITECTURE AND JEREMY CALLOWAY FROM MAVERICK ENGINEERS. WE'VE GOT OUR ARCHITECT AND ENGINEER HERE IF YOU HAVE TECHNICAL QUESTIONS FOR EITHER.

>> AT THAT POINT, MAY I INTERRUPT YOU FOR ONE MOMENT.

IN ALL OF THE COMMOTION, I AM NOW FORGETTING TO ASK FOR EX PARTE. ANY EX PARTE ON THIS ITEM? SORRY. MISS SPIEGEL.

>> YES -- SEEING NONE OTHER. I'VE DRIVEN BY THE SITE MANY TIMES BUT NOT WITH THIS ITEM IN MIND.

BUT GO ON, I'M SORRY TO INTERRUPT YOUR FLOW.

>> I COMPLETELY UNDERSTAND. IT'S A GOOD POINT.

I'M GLAD YOU'RE ALL FAMILIAR WITH THE LOCATION.

JUST TO HIT THE LOCATION, I KNOW WE ALL KNOW BASICALLY WHERE THIS IS AT BUT REALLY CENTRAL TO THE COUNTY, DEAD CENTRE IN THE COUNTY, CLOSE TO THE CITY, LOOKING AT PROPERTY APPRAISER'S, AERIAL, YOU CAN SEE STATE ROAD 312 COMING ACROSS THIS LOCATION.

YOU CAN SEE US ONE AND PROBABLY ONE OF THE MORE IDENTIFIABLE INTERSECTIONS OF OUR COUNTY U.S. 1312, YOU CAN SEE IT ON THE BOTTOM RIGHT HERE YOU CAN ALSO SEE WHERE 312 INTERSECTS WITH 207. YOU CAN SEE THE PROXIMITY FROM 312 AND 207 AND ONE OTHER THING TO NOTE AND WE WILL COME BACK TO THIS IN A PRESENTATION BUT THIS IS THE RAILROAD TRACKS WHICH ARE RIGHT ALONGSIDE OUR SITE. TAKING A LITTLE DIFFERENT VIEW, THIS IS GOOGLE MAPS. I WANTED TO ADD THIS BECAUSE IT DOES GIVE YOU SOME CONTEXT OF LOCAL BUSINESSES THAT ARE AROUND AND SORT OF A GOOD AERIAL. HERE IS OUR SITE HERE, THE SITE IN RED HERE IS THE CHURCH. I WILL COME BACK TO THAT IN A MOMENT BECAUSE I KNOW IT'S CRITICAL TO THE DISCUSSION.

THE SITE HERE IS COMPLETELY CLEARED TO.

THIS IS A BOAT AND RV STORAGE LOCATION.

IT IS COMPLETELY CLEARED. IT LOOKS LIKE A DIRT CLEARED LOT. THIS IS THE LONGTIME BELLSOUTH AT&T, I SUPPOSE, SWITCHING STATION WHERE THEY PARK VEHICLES. THIS LOCATION HERE, YOU CAN SEE THERE'S WHISPERING PINE APARTMENTS NEARBY.

THERE IS A RETAIL CENTRE IN THE FRONT BUT EVERYWHERE WHERE YOU SEE THE ROADS INSIDE THAT LIGHT GREEN COLOUR IS NOW AN APARTMENT PROJECT THAT NOT ONLY IS THE LAND CLEARED BUT THE APARTMENTS ARE NOW BUILT I WANTED TO USE THIS BECAUSE IN THE CONTEXT OF ROAD FRONTAGE SHOTS, IT GIVES YOU A GOOD IDEA OF OKAY, THIS IS WHERE THIS CAME FROM. SO IF WE LOOK FROM THIS PERSPECTIVE ON THE LEFT OF THE MAP, THE STREET LEVEL VIEW, THIS IS THE LOOK THAT YOU SEE. WITHIN THE YELLOW CIRCLE THERE IS APPROXIMATELY THAT CORNER OF THE PROPERTY.

IF WE GO BACK TO THE AERIAL AND LOOK STRAIGHT FROM STREET LEVEL VIEW ONTO THE EXISTING BUILDING, YOU CAN SEE THE BUILDING LOCATION HERE. N TO THE LEFT IS THE TREES WHICH THE AREA WOULD BE CLEARED AND WOULD ACCOMMODATE THE NEW BUILDING IF YOU'RE LOOKING AT IT FROM A BIT OF A 3D AERIAL FROM GOOGLE, THE AREA OF THE BREWERY WOULD GO ROUGHLY IN THIS LOCATION AND YOU CAN SEE FOR SURROUNDING USES, YOU CAN SEE THE PROXIMITY OF THE RAILROAD TRACKS, YOU CAN SEE THE WIDTH OF THE RIGHT OF WAY OF 207 AND ALSO TO THE RIGHT OF KOOKABURRA,

[00:15:04]

GOING BACK TO AN AERIAL AND TAKING ANOTHER SHOT, YOU CAN SEE OUR SITE AND HOW IT FILLS IN HERE.

TAKING A VIEW FROM THIS LOCATION, YOU CAN SEE THAT IS THE ROAD ENTERING DOBBS ROAD TO THE RIGHT WHERE I WAS SHOWING YOU THE PARKING LOT OF THE ATV. TAKING A SHOT TOWARDS STREET LEVEL TOWARD COLONIAL CHURCH, THIS IS THE NEARBY COLONIAL CHURCH. IS WITHIN 1000 FEET.

WE DO HAVE A LETTER IN THE RECORD THAT WE ARE ABLE TO OBTAIN. IN FACT, I WILL SHARE WITH YOU THAT BEFORE THIS APPLICATION WAS FILED, DISCUSSIONS WERE MADE WITH THE CHURCH TO MAKE SURE THERE WOULDN'T BE OPPOSITION TO IT BEFORE THE APPLICATION WAS FILED.

WE'VE GOT A LETTER DATED JUNE TENTH OF THIS YEAR.

JUST LAST MONTH, TO THE PLANNING AND ZONING AGENCY AND COUNTY STAFF AND YOU WILL NOTE IN THIS LETTER, IT SPECIFICALLY REFERENCES THAT THE CHURCH DOESN'T OPPOSE AND REFERENCES THE SPECIFIC SPECIAL USE PERMIT AND SPECIFIC VARIANTS.

THEY WERE WELL INFORMED OF WHAT WAS GOING ON AND THE SENIOR PASTOR FROM COLONIAL CHURCH IS THE ONE WHO SIGNED THIS.

YOU MAY RECOGNIZE MATT BECAUSE HE'S A FREQUENT FLIER HERE AT THE BOARD OF COUNTY COMMISSION MEETINGS, OFTEN GIVING THE PRAYER INVOCATION. HE IS VERY FAMILIAR WITH THE COUNTY, MEMBERS OF HIS STAFF ARE ALSO VERY FAMILIAR WITH THE COUNTY. THEY DO NOT OPPOSE THE APPLICATION. WE GOT A LETTER TO THAT EFFECT.

ONE FINAL VIEW AND THIS IS ALSO IMPORTANT, THERE IS A BIG SEPARATION BETWEEN THE CHURCH. THESE TWO BUILDINGS YOU ARE SEEING HERE ARE THE INDUSTRIAL BUILDINGS, WAREHOUSE BUILDINGS THAT SEPARATE THE CHURCH FROM THE KOOKABURRA AND MAIN BUILDING BEFORE YOU WOULD EVEN GET TO WHAT IS BEING PROPOSED TO BE BUILT S. QUITE A BIT OF SEPARATION.

LOOKING AT IT FROM YOUR AERIAL MAP, YOU CAN SEE AGAIN THE CHURCH DOWN THERE ON THE BOTTOM LEFT AND THE BUILDING THAT SEPARATES THE CHURCH FROM THIS PROPOSED USE.

THERE'S QUITE A BIT OF SEPARATION.

AGAIN, YOU CAN SEE THE RAILWAY TRACKS AS WELL SEPARATING THE PROJECT FROM ANYTHING FURTHER TO THE EAST.

THE ONE MAP THAT WE SHOULD APPROXIMATELY -- LAND USE AND ZONING, I DON'T THINK YOU CAN GET A BETTER LAND USE AND ZONING FOR THIS KIND OF USE FROM A LAND USE PERSPECTIVE.

IT'S MIXED USE DISTRICT. YOU ALL KNOW THIS.

13 UNITS AN ACRE. IT'S ONE OF THE MOST DIVERSE USES YOU POSSIBLY CAN GET WITH INDUSTRIAL AND THE LIKE BEING ALLOWED WITHIN MIXED USE. OF COURSE THE PROPERTY WE ARE TALKING ABOUT IS ALREADY ZONED FOR INDUSTRIAL WAREHOUSE.

YOU CAN SEE DOWN DOBBS ROAD WHERE WHERE YOU'VE GOT WAREHOUSE USE ZONING AS WELL. AND JUST INDUSTRIAL WAREHOUSE, OBVIOUSLY, RESIDENTIAL, LIGHT INDUSTRIAL.

I'M TALKING FASTER THAN THE COMPUTER IS RUNNING TODAY.

I'M NOT SURE WHY THAT IS. TRUCK AND RAIL TRAFFIC ARE COMMON IN LIGHT INDUSTRIAL, WAREHOUSING.

EXACTLY WHAT YOU SEE HERE, LUMBER YARDS, VEHICLE RECYCLING FACILITIES, GARBAGE HAULERS, BODY SHOPS BUT ALSO IN THAT LIST AT THE BOTTOM IS MICROBREWERIES. MICROBREWERIES OF CARS ARE SPECIAL USE. SO HERE WE ARE.

AND FINALLY, FOR WHAT IT'S WORTH, MINING AND EXTRACTION IS EVEN ALLOWED IN THE ZONING CATEGORY.

THE CONCEPT, JUST TO WALK YOU THROUGH THAT QUICKLY, YOU CAN SEE HERE THE BUILDINGS IN THE CENTRE LOCATION IS THE EXISTING COFFEE SHOP AND ROASTING BUILDING.

THERE WOULD BE A NEW ROASTING BUILDING AS WELL AND OF COURSE THE MICROBREWERY/RESTAURANT. ONE THING TO POINT OUT IS IF YOU LOOK AT THE EXISTING ACCESS POINT, WHICH I WILL SHOW YOU A PICTURE OF THAT IN THE MOMENT, VERSUS THE SITE PLAN, THE SITE PLAN MOVES THE ACCESS REALLY FAR AWAY.

IF YOU LOOK AT THE AERIAL DOBBS ROAD CLOSE THE ACCESS IS TO 207, IT DOES MOVE THAT ACCESS POINT FURTHER BACK SO WE DO GET A HUGE BENEFIT FROM THIS EXPANSION JUST IN GENERAL FOR

[00:20:02]

SOME STORAGE AREA, THEN YOU'VE GOT THE DINING AREA, TWO SEPARATE AREAS, ONE INDOOR AND ONE OUTDOOR.

YOU'VE GOT RESTROOMS SHOWN THERE IN PURPLE, THE KITCHEN AREA AND SOME ADDITIONAL BREWERIES/STORAGE AREAS.

THE VARIANCE, FOR WHAT IT'S WORTH, IT'S TO GET THIS 1000 FEET BECAUSE WE ARE WITHIN 1000 FEET OF A CHURCH AND THERE ARE NO OPEN COMMENTS ON THE APPLICATION AND ALSO ON SPECIAL USE, THAT IS TO ALLOW MICROBREWERY WITHIN THE ZONING CATEGORY AND THERE IS NO OPEN COMMENTS ON THAT APPLICATION EITHER. WITH THAT, I WILL END MY PRESENTATION. AGAIN, THE PRINCIPAL ARCHITECT IS HERE AND THE ENGINEER IS HERE.

>> THANK YOU, DOUG. APPRECIATE IT.

ANY QUESTIONS FROM BOARD MEM MEMBERS? SEEING NONE. ANYONE IN THE AUDIENCE LIKE TO

SPEAK TO THIS ISSUE? >> FOR A RECORD, THIS IS ON ITEMS THREE AND FOUR PUT TOGETHER.

>> MR. HUNT. >> OKAY.

I DON'T WANT TO BE LATE. YOU KNOW WHERE THIS IS GOING.

WHAT IS THE ACTUAL ARTICLE THAT THIS COUNTY HAS LIVED ON FOR DECADES NOW ABOUT CHURCHES AND SCHOOLS BEING WITHIN THE DISTANCE OF FACILITIES LIKE T THIS? AS WE'VE SEEN IT, A COUPLE OF WEEKS AGO WITH THE BAPTIST CHURCH IN HASTINGS HAD TO GO UP AND FIGHT FOR THEMSELVES TO GET THIS SAME ISSUE DENIED BY THE COUNTY COMMISSIONERS.

AND IT HAS HAPPENED BEFORE WHERE ANOTHER CHURCH SAID SURE, THAT LIQUOR STORE CAN GO RIGHT DIRECTLY BESIDE ME, WITHIN 50 FEET OF BOUNDARY BUT THEY ARE GOING TO HELP SUPPORT THE CHURCH'S YOUTHFUL ACTIVITIES. SO THAT'S WHAT I'M QUESTIONING, OBVIOUSLY THE COUNTY STILL OVER THESE YEARS OF WHEN IS THE COUNTY GOING TO MAKE IT, ARE THEY GOING TO ACTUALLY CHANGE OR REVIEW THIS POLICY FOR THE THOUSAND FOOT SETBACK OR JUST WAIT UNTIL IT COMES UP EACH TIME AND USE SPECIAL VARIANCES OF SAYING MOST LIKELY YES, BECAUSE PUBLIC IS ALWAYS IN HERE SAYING THAT THE CHURCH SAYS OKAY, THE SCHOOL BOARD NEVER SAYS ANYTHING BUT THAT'S THE PROBLEM. THAT'S JUST ANOTHER ISSUE WITH THIS COUNTY IS THIS ONE ITEM IN THE LAND DEVELOPMENT CODE THAT HAS BEEN BROUGHT UP MANY OF TIMES.

HOW CAN IT BE JUSTIFIED? IS IT JUSTIFIED BY SAYING 500 FEET? YOU CAN'T DO IT.

THERE'S NO OTHER WAY. IT DOESN'T MATTER IF THE CHURCH SAYS YES, THE SCHOOL BOARD SAYS YES, IT IS 500 FEET.

IS IT 750 FEET? IS THERE A TREE IN THE MIDDLE THAT SETS IT OFF? IT IS CONFUSING AND IT WILL STAY LIKE THAT OBVIOUSLY BUT I WOULD SAY THAT SOMEBODY, PLEASE FIGURE OUT WHAT TO DO WITH THIS THING BECAUSE IT KEEPS ON COMING UP AND IT WILL KEEP ON SAYING WE SPOKE TO THE CHURCH AND THEY SAID YES, AND DEEP IN IS IT AN ETHICAL ISSUE, FAULT PROCESS OF WHAT A DECISION COMES TO OR IS IT SAID IN THE LAND DEVELOPMENT CODE ON WHAT IT IS? IT'S NOT A RECORD FOR THE BREWERY, IT'S THE COUNTY. LADIES AND GENTLEMEN, IT IS THE

COUNTY. >> THANK YOU, MR. HUNT.

I'M GOING TO ADDRESS THAT QUICKLY.

I DO THINK THAT THIS SUBJECT IS WORTHY OF A WORKSHOP BY THE PLANNING AND ZONING BOARD TO ADDRESS THIS BECAUSE IT DOES KEEP COMING UP HERE BUT WE TAKE THEM ON A CASE-BY-CASE BASIS.

THERE ARE A LOT OF EXTENUATING CIRCUMSTANCES WHEN THESE ITEMS COME UP. SO I THINK FOR A WHILE, THEY ARE GOING TO BE ON A CASE-BY-CASE BASIS HERE ALL RIGHTS ANY OTHER

[00:25:04]

NO OTHER PUBLIC COMMENT? DO WE HAVE A MOTION?

MISS PERKINS? >> ITEM NUMBER 3, I MAKE A MOTION TO APPROVE THE ZONING VARIANCE,.

>> WE HAVE A MOTION. I WILL SECOND IT.

WE HAVE A MOTION AND A SECOND ANY DISCUSSION? AND I WILL SAY THAT KOOKABURRAS IS AN OUTSTANDING MEMBER OF THIS COMMUNITY. THEIR COFFEE SHOPS ARE A FIXTURE NOW IN THIS COUNTY AND I THINK THEY ARE A WONDERFUL, INNOVATIVE BUSINESS AND A LOT OF PEOPLE REALLY DEPEND ON THEM, INCLUDING MY DAUGHTER THAT JUST MOVED HERE RECENTLY.

ANYWAY, I LIKE THEM AND I THINK THEY ARE A GOOD BUSINESS TO HAVE IN THE COUNTY AND I HAVE NO PROBLEM AT ALL WITH SUPPORTING THIS ITEM. THAT SAID, LET'S GET OUR VOTING SCREEN UP. IT PASSES UNANIMOUSLY.

THANK YOU. ALL RIGHT NEXT ITEM.

>> I WILL GLADLY MAKE A MOTION MOTION TO APPROVE SPECIAL USE MAJ2025-30, BUSHRANGERS BREWERY BASED ON THE NINE CONDITIONS

PROVIDED IN THE STAFF REPORT. >> WE HAVE A MOTION.

DO WE HAVE A SECOND? SECOND BY MR. OLSEN.

ANY DISCUSSION? ALL RIGHT LET'S VOTE.

[5. CPA(SS) 2025-13 Daily's Place. A request for a Small-Scale Comprehensive Plan Amendment to change the Future Land Use Map designation of approximately 7.7 acres of land, located at 600 State Road 13 N, from Residential-B (RES-B) to Community Commercial (CC), with a Site Specific Text Amendment limiting commercial uses on the southern portion of the subject property to those uses allowed within the Commercial General (CG) Zoning District and a maximum 20,000 square feet; limiting uses on the northern portion of the subject property to passive uses including a stormwater retention system and associated vegetation/green space; a 30’ Scenic Edge provided along State Road 13 N; a 35’ Development Edge provided where the property abuts residential uses; and no Development Edges where the property abuts commercial uses.]

NOW WE ARE GOING TO GO TO ITEM NUMBER 5 WHICH IS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT. 600 STATE ROAD 13 NORTH.

I WOULD LIKE TO ASK FOR EX PARTE WHILE JASON GABRIEL MAKES HIS

WAY TO THE PODIUM. >> I'VE HAD 18 PLUS EMAILS, A PHONE CONVERSATION BRIEFLY WITH JEREMIAH MULLIGAN.

A BRIEF CONVERSATION WITH JOE MCINERNEY, A MEETING WITH THE COMMUNITY ON JANUARY 24TH. THE COMMUNITY MEETING HELD AT THE MIDDLE SCHOOL ON APRIL 14TH AND I'VE VISITED THE SITE

MULTIPLE TIMES. >> IT JUST OCCURRED TO ME WHILE YOU WERE SAYING ALL THAT AND WHAT I WAS GOING TO SAY BUT THIS IS A COMP PLAN AMENDMENT SO IF WE DON'T HAVE TO HAVE EX PARTE.

I STILL WANT TO SAY I THINK IT'S BACKWARDS.

BUT THAT IS THE WAY IT IS COMP PLAN AMENDMENTS DON'T NEED ANY EX PARTE. BUT REGULAR ITEMS DO.

SO WE DON'T NEED TO PICK BUT THANK YOU FOR THAT THOROUGH ACCOUNTING. MR. GABRIEL?

>> GOOD AFTERNOON. JASON GABRIEL WITH THE LAW FIRM BURR AND FORMAN. ON BEHALF OF THE APPLICANT -- I'M HERE WITH THE TEAM TODAY. BEFORE WE GET STARTED I DO WANT TO RESPECTFULLY REQUEST A TWO CYCLE CONTINUANCE OF THIS ITEM TO AUGUST SIXTH. I THINK THAT IS THE MEETING THAT IS TO MEETINGS FROM TODAY FOR A FEW REASONS.

ONE IS WE HAVE PROVIDED A PRETTY THOROUGH, COMPREHENSIVE TRAFFIC STUDY. IT TOOK A LITTLE WHILE TO GET IT TOGETHER, TO DO SOME COORDINATION AND MEETINGS WITH THE FDOT AND COUNTY STAFF WE HAVE PREPARED IT.

WE ARE VERY PLEASED WITH IT BECAUSE I THINK IT'S GOING TO OFFER, WHEN WE GET TO THE MERITS OF THIS, SOME VERY ELEGANT SOLUTIONS TO WHAT IS A PRIMARY CONCERN THERE TRAFFIC HOWEVER, IT IS 116 PAGES AND I UNDERSTAND I THINK IT WAS CIRCULATED YESTERDAY TO YOU ALL. I WANTED TO HAVE AN OPPORTUNITY FOR THE BOARD TO DIGEST IT AND TAKE A LOOK AT IT AND REVIEW IT AND CONSIDER IT IF WE WANT TO HAVE AN OPPORTUNITY SO I UNDERSTAND OPPOSITION ALSO HAS A TRAFFIC STUDY THEY HAVE PROCURED FROM DR. BUCKHOLTZ. AND WE HAVE REVIEWED IT BUT WE WANT TO HAVE AN OPPORTUNITY PERHAPS FOR OUR ENGINEER AND THEIR ENGINEER TO HAVE A CONVERSATION HERE SO WE WANTED SOME TIME FOR THAT. SECONDLY, WE WANTED AN OPPORTUNITY TO MAYBE HAVE ANOTHER DISCUSSION OR TWO WITH SOME OF THE INTERESTED STAKEHOLDERS IN AN EDUCATED AND HOPEFULLY CIVIL FORMAT TO GO OVER SOME OF THE FINDINGS.

I DO UNDERSTAND THERE HAS ALSO BEEN SOME OPPOSITION MATERIALS THAT HAVE BEEN PROVIDED TO STAFF THAT I'M NOT SURE WE ARE PRIVY TO BUT WE WOULD LIKE AN OPPORTUNITY TO TAKE A LOOK AT THAT AND HAVE ANY FURTHER DISCUSSIONS AND LASTLY TO PROVIDE COORDINATION BETWEEN U.S. COUNTY STAFF AND ALSO THE

[00:30:01]

WE ARE NOT TRYING TO PULL A FAST ONE.

I'VE HEARD THAT FROM A COUPLE OF FOLKS.

THIS IS THE OPPOSITE. WE ARE TRYING TO TAKE TIME TO BE CONSIDERATE AND THOUGHTFUL ON THE APPROACH ON THIS WHOLE THING. I'M CERTAINLY AVAILABLE FOR ANY QUESTIONS OR COMMENTS OR ANYTHING LIKE THAT.

BUT WE WANTED TO PRESENT THAT REQUEST.

>> ANY COMMENTS ON THE BOARD? WE ARE NOT GOING TO VOTE ON THIS YET. IT'S A LITTLE UNUSUAL BUT I SPOKE WITH OUR ATTORNEY AND WE ARE GOING TO ALLOW THE PUBLIC TO SPEAK TO THE IDEA OF THE CONTINUANCE.

PEOPLE THAT COME FORWARD FOR THAT WILL GET ONE MINUTE TO SPEAK ABOUT THIS REQUEST FOR THE CONTINUANCE.

AND IF WE MOVE ON TO THE ITEM, IF IT IS NOT CONTINUED AND WE MOVE ON TO THE ITEM, YOU WILL BE ALLOWED YOUR FULL TIME TO SPEAK.

AND THEN AS THE SPEAKERS HAVE EXTRA TIME FROM GETTING SIGNATURES IN THEIR COMMUNITY BUT WE WILL ALLOW PEOPLE TO SPEAK TO THE IDEA OF A CONTINUANCE.

BUT FIRST, I WOULD LIKE TO HEAR FROM THE BOARD AND WHAT THEY THINK ABOUT A CONTINUANCE ON THIS ITEM.

MRS. SPIEGEL? >> MR. GABRIEL IS CORRECT, THERE WAS A HUGE TRAFFIC STUDY THAT CAME IN YESTERDAY, AND I DID NOT HAVE TIME TO DO MY DUE DILIGENCE IN THAT.

BUT I ALSO DID MEET WITH THE NEIGHBORS YESTERDAY AND I DO UNDERSTAND -- THEY ARE READY TO MOVE ALONG WITH THIS.

I'M ALWAYS ABOUT COMMUNITY AND COMMUNICATION.

I'M NOT SURE AT THIS 11TH HOUR BUT I WOULD LIKE TO HEAR WHAT THE PUBLIC HAS TO SAY BEFORE I MAKE A DECISION.

>> MR. MATOVINA. >> QUITE FRANKLY, WHEN I REPEAT THIS PACKAGE AND SAW WE WERE DEALING WITH A 2023 TRAFFIC REPORT AND THAT IS MY DISTRICT, I DRIVE PAST THAT SPOT TWICE A DAY, AT LEAST JUST ABOUT EVERY DAY, INCLUDING SUNDAYS.

I'VE RUN PAST THAT SPOT PROBABLY A THOUSAND TIMES IN MY LIFE.

I AM VERY FAMILIAR WITH IT. I AM VERY FAMILIAR WITH THIS ITEM BECAUSE I THINK I VOTED ON IT TWICE BEFORE.

AND SO I PROBABLY WOULD HAVE ASKED THAT EVEN THOUGH IT MAY NOT BE REQUIRED, I WOULD HAVE ASKED TO CONTINUE THIS ITEM ABSENT A NEW TRAFFIC REPORT HAD WE NOT RECEIVED A NEW TRAFFIC REPORT THAT BEING SAID, WE GOT A 121 PAGE DOCUMENT YESTERDAY AT 11:30. WE GOT ALONG WITH IT A 61 PAGE DOCUMENT. THIS MORNING WE GOT ANOTHER 60 PAGE DOCUMENT AND I BELIEVE THAT JASON JUST MENTIONED ANOTHER DOCUMENT THAT I DON'T THINK WE HAVE SEEN WHICH IS ANOTHER TRAFFIC REPORT. AND SO I DON'T SEE ANY WAY OR SHAPE OR FORM THAT I'M IN FAVOR OF MOVING FORWARD TODAY WITH

THIS. >> ANYONE ELSE LIKE TO COMMENT.

>> WE GOT THE PACKETS LATE YESTERDAY.

WE ALL HAVE FAMILIES. THIS ISN'T OUR REAL JOB.

THIS IS A VOLUNTEER POSITION. SO NOT NECESSARILY A PRIORITY TO READ IT AT 11:00 AT NIGHT. SO IT WOULD BE HELPFUL IF WE HAD TIME TO REVIEW ALL OF THE DOCUMENTS.

>> I DID READ THE DOCUMENT LAST NIGHT UNTIL 12:00, WHICH IS PARDON MY LANGUAGE, IT'S RIDICULOUS.

WE NEED TO HAVE A CUT OFF TIME FOR DOCUMENTS TO BE SUBMITTED FOR ANY OF THESE. FIVE DAYS IN ADVANCE.

IF IT DOESN'T GET TO ADMINISTRATION WITHIN FIVE DAYS BEFORE THE MEETING, IT SHOULDN'T BE INCLUDED.

UNFORTUNATELY CHARACTER IS NOT JUST THAT PORTION OF THE APPLICATION BUT ALSO FROM THE HOME OWNERS.

WE'VE GOT INFORMATION THAT CAME IN FROM THE HOMEOWNERS FAIR AND NOW WE'VE HEARD THERE'S ANOTHER ONE.

SO I HATE TO SAY IT BECAUSE OF ALL THE PEOPLE THAT ARE SITTING OUT HERE TO BE FAIR TO EVERYONE, ESPECIALLY YOU, THE HOMEOWNERS, I WOULD RECOMMEND THAT WE DO CONTINUE THIS TO A LATER DATE.

>> OKAY, I AM GOING TO TAKE THE OPPOSITE STANCE HERE AND SAY THAT THIS ITEM HAS COME BEFORE SEVEN TIMES.

IT'S BEEN OVER TEN YEARS IN THE MAKING.

IT IS NOW APPROVED FOR 52,100 SQUARE FEET COMMERCIAL RETAIL

[00:35:05]

I HAVE TO TELL YOU THAT. EVERYTHING I NEEDED TO KNOW ABOUT THAT REPORT WAS FOUND ON PAGE 4, THE EXECUTIVE SUMMARY.

IT WAS A SINGLE PARAGRAPH, FOUR SENTENCES.

THE THIRD SENTENCE WAS THE KEY. IT SAID THAT THIS STUDY IS DETERMINED THAT THERE NEEDS TO BE A TRAFFIC LIGHT AT OTTO'S PLACE AND STATE ROAD 13 NORTH. THAT IS THE GIST OF THE WHOLE STUDY. AND THEN THERE ARE 83 VERY SMALL AND DIFFICULT TO DIGEST TABLES THAT FOLLOW THAT.

AND SO 83 OUT OF 116 PAGES OF THESE DETAILED TABLES, THAT IS 71% OF THE DOCUMENT ARE THESE TABLES.

YOU COULD HAVE A TRAFFIC ENGINEER, SOMEONE LIKE BILL SCHILLER OR SOMEONE EXPLAINED THE REPORT TO US BUT I THINK THE FINAL GIST OF THAT REPORT IS IT IS DETERMINED THAT BY 2028, AT FULL BUILD OUT, IF IT'S A GAS STATION AND CONVENIENCE STORE AND CAR WASH, THE LIGHT AT OTTO'S PLACE AND STATE ROAD 13 NORTH SHOULD BE PUT IN. SO GIVEN THE FACT THAT THIS HAS GONE ON FOR SO LONG AND THAT THE OTHER ITEMS THAT WE GOT, I LOOKED AT THOSE AS WELL, INCLUDING ONE THIS MORNING AND I AGREE, WE'VE GOT TO HAVE A CUT OFF POINT ON THESE.

WE NEED THE ITEMS AND ALL OF THE MATERIALS A WEEK AHEAD OF TIME.

WE'VE BEEN GETTING THOSE UP UNTIL THIS POINT AND THEN THERE'S A FLOOD OF THESE NEW ITEMS COMING IN.

I DON'T EVEN KNOW WHAT THE OTHER ITEM MENTIONED IS.

IT LOOKS LIKE PEOPLE ARE IN FAVOR OF THIS BUT I JUST CAN'T PROVIDE WITH ALL OF THE PEOPLE HERE THAT ARE TAKING THEIR TIME TO PREPARE FOR THIS MEETING TO CONTINUE THIS FOR A MONTH WHEN IT HAS BEEN GOING ON FOR OVER TEN YEARS.

I THINK IT IS TIME TO HEAR IT AND TO GET THIS OFF THE DOCKET AND MOVE IT BACK TO THE COUNTY COMMISSIONER BUT THAT'S MY SAY.

MR. MATOVINA. >> I WOULD JUST LIKE TO SAY, AND I CAN'T FIND IT IN HERE BECAUSE I READ IT RATHER HURRIEDLY THIS MORNING BUT I WOULD SAY TWO THINGS ABOUT THE APPLICANT'S TRAFFIC STUDY. NUMBER 1, I BELIEVE IT SAID IT ONLY MET ONE OF THE SEVEN WARRANTS THAT THE D.O.T. LOOKS AT, WHICH GENERALLY MEANS THE DOT MAY NOT -- WOULD LEAN HEAVILY TOWARD NOT APPROVING A TRAFFIC LIGHT AT THAT LOCATION WHICH LEADS ME TO THE SECOND POINT WHICH IS THEY HAVEN'T DISCUSSED THIS WITH -- WITH THE DOT WHO IS THE ULTIMATE DECIDING FACTOR ON WHETHER A TRAFFIC LIGHT GOES THERE OR NOT AND SO I WOULD SAY IF THEY COME BACK TO US IN AUGUST AND HAVEN'T HAD THAT DISCUSSION, WE ARE GOING TO BE SITTING IN THE SAME SPOT AGAIN BECAUSE THE DOT IS THE ULTIMATE DECISION MAKER.

THEY CAN PROVIDE INPUT BUT THEY ARE NOT THE ULTIMATE DECISION

MAKER. >> THAT IS A CORRECT OBSERVATION. ANYONE ELSE BEFORE WE GO TO ONE MINUTE PUBLIC COMMENT? YOU WILL BE ALLOWED TO SPEAK TO THIS AND SPEAK AGAIN ON THE ITEM ITSELF.

WE ARE GOING TO ALLOW THIS. I KNOW IT IS UNUSUAL BUT IT LOOKS LIKE YOU'VE GOT PRETTY STOUT OPPOSITION UP HERE ON THE BOARD. SO JUST COME FORWARD, PLEASE LINE UP HERE LET'S GO THROUGH THIS QUICKLY.

YOU WILL GET ONE MINUTE TO SPEAK ONLY ON THE CONTINUANCE.

WE ONLY WANT TO HEAR WHETHER YOU ARE IN FAVOR OR NOT OF THE CONTINUANCE. SO COME ON UP.

ANY OF THE MICROPHONES HERE, LET US KNOW WHAT YOU THINK.

>> I AM NOT SPEAKING IN FAVOR OR AGAINST IT, I JUST WANT TO PROVIDE INPUT. THEY DID ACCOUNTS BACK IN APRIL FOR THEIR STUDY, IT'S DATED JUNE OF THIS YEAR YET IT WASN'T GIVEN TO YOU UNTIL YESTERDAY. ALSO, THERE IS NO ACTUAL DATE ON IT AND THE PE SIGNING AND SEALING REQUIREMENTS REQUIRE YOU TO PUT AN ACTUAL DATE ON THE DOCUMENT.

THAT WAS NOT DONE. MY STUDY, WHICH IS IN YOUR WHILE, WAS COMPLETED AND SUBMITTED BACK IN EARLY JUNE.

OUR INFORMATION ON THE CITIZEN SIDE WAS IN IN A TIMELY FASHION.

YOU ARE GETTING A VERY LATE WHO KNOWS WHY SUBMISSION AND IT WAS

[00:40:03]

>> THANK YOU. STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOU'VE GOT ONE MINUTE.

>> MICHAEL DUNLOP. MR. GABRIEL PAINTS A PICTURE OF BEING A GREAT COMMUNITY, I WOULD ARGUE DIFFERENTLY.

IT IS A PATTERN WITH THEM. THEY PLAYED SOME SHENANIGANS, CANCELLING, SCHEDULING, CANCELLING THE COMMUNITY MEETING. THEY INITIALLY TRIED TO DO IT IN A SMALL VENUE. WE PROTESTED.

THEY SAID THEY WOULD CANCEL. EIGHT HOURS LATER THEY SAID THEY THEY WOULD HOLD IT, THEN THEY WOULD CANCEL.

THOSE OF YOU WHO CAME TO THE COMMUNITY MEETING KNOW THAT THEY BASICALLY DISENFRANCHIZED EVERYBODY IN THAT MEETING WITH A TINY SCREEN NO INFORMATION. IT WAS QUITE HONESTLY INSULTING TO US AS THE PUBLIC. THIS IS ANOTHER DELAY IN TACTIC.

THEY SEE A WELL ORGANIZED OPPOSITION AND THEIR WAY TO DISRUPT US IS TO MAKE ALL THESE PEOPLE GO AWAY WHO HAVE GIVEN UP TIME AND MONEY AND RESEARCH AND MAKE US COME BACK.

I IMPLORE YOU TO NOT FALL FOR THIS AND ALLOW US TO CONTINUE TO DE. THEY HAVE HAD SEVEN MONTHS TO

PREPARE FOR THIS. >> THANK YOU.

NAME AND ADDRESS FOR THE RECORD, PLEASE.

YOU HAVE ONE MINUTE. >> MY NAME IS ABBY TETRICK, I'M NATURE'S HAMMOCK ROAD WEST. I WOULD ALSO SAY THAT I THINK THAT THIS BEHAVIOUR WAS PREDICTABLE.

IN APRIL, WE POINTED OUT IN THAT COMMUNITY MEETING THAT THE STUDY WAS FROM 2023. I GUESS I'M A LITTLE CONFUSED NOW WHY THIS WASN'T ADDRESSED EARLIER AND WHY THEY DIDN'T COMPLETE THE STUDY AT THAT TIME. PERHAPS RED CABBAGE IN A SALAD.

THANK YOU. >> THANK YOU.

NAME AND ADDRESS FOR THE RECORD. YOU HAVE ONE MINUTE.

>> CHRIS HEWITT. I RISE IN OPPOSITION TO THE MOTION FOR CONTINUANCE. THIS HAS BEEN GOING ON AS HAS BEEN NOTED FOREVER. THERE IS NOT A JUDGE THAT WOULD ALLOW AN ATTORNEY TO COME IN THE DAY OF A HEARING WITH WHAT YOU'VE GOT, A FULL NEIGHBORHOOD OF PEOPLE WHO AREN'T BEING PAID TO BE HERE, TAKING THEIR TIME, SPENDING THEIR MONEY, HIRING ATTORNEYS TO DEFEND US FOR THE THIRD TIME.

AND DAILIES COMES IN, NOT NOT LAST WEEK, TODAY AND ASKED FOR CONTINUANCE. IT IS ABSURD.

IT ABSOLUTELY SHOULD BE DENIED. EVERYBODY HERE IN THE NEIGHBORHOOD THAT'S GOING TO BE AFFECTED GOD PREPARED, THEY GOT HERE, THEY ARE LOSING MONEY, THEY ARE LOSING TIME.

LET'S HAVE A HEARING, PLEASE. THANK YOU.

>> THANK YOU. NAME AND ADDRESS FOR THE RECORD, PLEASE. YOU'VE GOT ONE MINUTE.

YOU MAY NEED TO PULL THAT MICROPHONE DOWN.

>> , I AM TOO SHORT. I AM SHARON HARTZELL.

I LIVE AT 1471 FRUIT COVE ROAD NORTH.

I'VE LIVED THERE FOR 64 YEARS. I KNOW THIS NEIGHBORHOOD A LOT.

I HAVE A LOT TO SAY ABOUT THAT BUT IN TERMS OF THE CONTINUANCE, I WOULD TELL YOU THAT TODAY JUST LIKE THESE PEOPLE DID I MADE THE TIME TO COME TALK TO YOU TODAY. I LEFT A PREPARATION MEETING FROM OUR CHURCH'S VACATION BIBLE SCHOOL TODAY.

I LEFT MY TEAM THERE AT WORKING. I LEFT MY GRANDSON WHO IS STARTING PITCHER AT THIS MOMENT AT HIS COLLEGE SUMMER BALL.

I WOULD HAVE LIKED TO HAVE SEEN HIM SPIT TODAY -- LIKE TO SEE HIM PITCH TODAY. I LEFT BOTH OF THOSE THINGS, WHICH ARE HIGH PRIORITY TO BE HERE BECAUSE THIS IS A PRIORITY THAT NEEDS TO BE SETTLED ONCE AND FOR ALL BECAUSE IT WILL MAKE A TREMENDOUS DIFFERENCE TO THE COMMUNITY THAT I HAVE LIVED IN

FOR 64 YEARS. >> THANK YOU.

NEXT, PLEASE COME FORWARD. NAME AND ADDRESS FOR THE RECORD,

YOU HAVE ONE MINUTE. >> GOOD AFTERNOON MY NAME IS HARRY FAIRFIELD. MY WIFE LAURIE AND I LIVE IN FRUIT COVE ESTATES. THIS TRAFFIC STUDY IS NOTHING MORE THAN A RED HERRING. IT'S TYPICAL OF WHAT THESE PEOPLE DO. THERE ARE SO MANY OTHER ISSUES AT PLAY HERE. IN ADDITION TO TRAFFIC, WE REALLY NEED TO BE HEARD. YOU CAN MAKE DECISIONS WITHOUT KNOWING ALL OF THIS TRAFFIC INFORMATION BECAUSE WE HAVE GOT SO MUCH MORE INFORMATION TO SHOW YOU WHY THIS IS A HORRIBLE DECISION AND TO FALL PREY TO THE INEPTITUDE OF FIRST COAST ENERGY AGAIN JUST MAKES ABSOLUTELY NO SENSE.

I IMPLORE YOU, LET'S GO AHEAD AND GET THIS THING OFF THE TABLE. LET'S GET IT DONE AND I'LL GO HOME. THANK YOU.

>> THANK YOU. NAME AND ADDRESS FOR THE RECORD,

YOU HAVE ONE MINUTE. >> I AM REPRESENTING -- I'M

[00:45:04]

I HEARD YESTERDAY THERE WAS GOING TO BE A TRAFFIC LIGHT.

HOW STRANGE THAT IS BECAUSE THE PREVIOUS TRAFFIC STUDY WAS IN 2023 I WROTE TO MY PEOPLE AND I SENT YOU THEIR ANSWER AND IT SAYS WE MET ON MAY 20TH, 2026. SIGNALIZATION WAS NOT A PART OF THE PRE-APPLICATION DISCUSSION. AS OF TODAY, YESTERDAY, THERE HAS BEEN NO NEW PERMITS OR TRAFFIC STUDIES SUBMITTED.

WE HAVE HEARD BEFORE THAT THIS SEEMS TO BE A DELAY TACTIC BECAUSE CERTAINLY THERE HAS BEEN SEVEN MONTHS AND WHAT YOU RECEIVED WAS A 2023 STUDY. THEY KNEW EIGHT MONTHS AGO THIS WAS A GAS STATION. WHERE WAS THIS STUDY THEN? WHERE WAS THE STUDY WHEN THEY MET ON MAY 20TH? WHY DIDN'T WE RECEIVE IT THIS MORNING?

VOTE NO, PLEASE. >> THANK YOU.

NEXT, PLEASE. NAME AND ADDRESS FOR THE RECORD.

>> MY NAME IS CINDY DUNLOP, 1455 TAMARIND PLACE.

I ALSO LIVE IN FRUIT COVE ESTATE SUBDIVISION.

WE HAVE REQUESTED THIS TRAFFIC STUDY FIVE TIMES.

WE HAVE IT IN EMAILS. WE WERE PROMISED THIS STUDY A MONTH BEFORE THIS HEARING. I DON'T REMEMBER ANY REASON REALLY STATED AS TO WHY IT WAS JUST DELIVERED YESTERDAY.

I'M JUST REALLY HARD PRESSED TO THINK THAT A COMPANY OF DALY S.

SIZE REPRESENTED CAN'T GET THEIR TRAFFIC STUDY ON TIME.

THIS IS DISINGENUOUS AND THIS HEARING NEEDS TO GO ON.

THANK YOU. >> THANK YOU.

NEXT, PLEASE. NAME AND ADDRESS FOR THE RECORD,

PLEASE. >> MY NAME IS MARGARET.

MY ADDRESS IS 1450 FRUIT GROVE ROAD NORTH.

I THINK THIS IS JUST ANOTHER PLOY THAT THEY USE.

THEY SAID THE LAST MEETING THAT WE WOULD GET A STUDY FROM THE D.O.T. IN APRIL, THEY WERE GOING TO TALK TO THEM.

OBVIOUSLY THEY DIDN'T. I FEEL LIKE EVERYBODY HERE AND MYSELF, I HAVE THREE GRANDCHILDREN, GREAT, GREAT GRANDCHILD, I HAD TO FIND SOMEONE TO COME LOOK FOR THEM.

IF I CAN MAKE TIME AND DO THINGS, THEY HAVE A LOT OF PEOPLE WORKING FOR THEM, THEY COULD HAVE HAD THE STUDY DONE ON TIME. THANK YOU.

>> THANK YOU. NAME AND ADDRESS FOR THE RECORD.

YOU HAVE ONE MINUTE. >> MY NAME IS CHRISTA DUBAY.

MY ADDRESS IS 1474 TAMARIND PLACE.

I JUST WANT TO LET YOU KNOW THAT I HAVE GONE THROUGH A LOT OF PREPARATION TO GET TO WHERE WE ARE AT.

I'VE GOT A DESIGNATED SPEAKER FORM.

THESE ARE ALL OF THE SPEAKERS THAT WANT TO SPEAK TO YOU TODAY.

AND IT IS NOT JUST ON TRAFFIC, WE HAVE COMPATIBILITY, SAFETY, ENVIRONMENTAL AND JOE MCINERNEY OF COURSE WITH THE SCENIC HIGHWAY. WE HAVE DIFFERENT PERSPECTIVES RATHER THAN TRAFFIC. I WOULD IMPLORE YOU NOT TO ALLOW THE CONTINGENCY AT THIS TIME AND LET US SPEAK.

WE ARE ALL HERE. A LOT OF PEOPLE TOOK TIME OFF AND THEY ARE NOT GETTING PAID TO BE HERE THANK YOU FOR LETTING ME

SPEAK. >> THANK YOU.

YES, SIR. NAME AND ADDRESS FOR THE RECORD.

YOU HAVE ONE MINUTE. >> MY NAME IS ANDREW BRIGHAM.

I LIVE AT 1233 OAKWOOD LANE. I HAVE TAKEN OFF NUMEROUS TIMES TO ADDRESS THIS SITUATION AND TRY TO PRESENT MY FEELINGS.

I LIVE RIGHT AROUND THE CORNER FROM IT.

THE IMPACT WILL BE DRAMATIC TO THE NEIGHBORHOOD.

WE HAVE NUMEROUS GAS STATIONS ALREADY THERE.

I FEEL WE SHOULD CONTINUE TO GET THIS OVER WITH AND DONE AND COMPLETED. THANK YOU FOR YOUR TIME.

>> THANK YOU. NEXT PLEASE, NAME AND ADDRESS FOR THE RECORD. YOU HAVE ONE MINUTE.

>> BEN OLIVER. I LIVE AT 1392 FRUIT COVE FOREST ROAD NORTH. AS YOU MENTIONED, THIS THING HAS GONE ON TEN PLUS YEARS, OVER AND OVER AGAIN.

AND IT'S NOT SO MUCH A DAILY PROPOSAL AS WELL AS THE QUALITY OF LIFE. DAILIES SHOULDN'T HAVE THE RIGHT TO PUT ANYTHING THEY LIKE. WE ARE ASKING THEM TO BE A LITTLE MORE RESPONSIBLE AND PUT SOMETHING LESS INVASIVE.

I KNOW YOU HAVE MENTIONED THE TRAFFIC LIGHT AND THAT WOULD HELP SOMEWHAT BUT IF ANYONE WOULD ENJOY DRIVING DOWN WITH A TRAFFIC LIGHT EVERY 10 FEET, IT CAN TAKE EXTRA TIME AND IT REALLY WOULD JUST DESTROY THE QUALITY OF THE AREA.

DAILIES SHOULD CONSIDER SOMETHING LESS INVASIVE.

>> THANK YOU. MR. HUNT, NAME AND ADDRESS FOR

THE RECORD. >> CHARLIE HUNT, MILL CREEK

[00:50:02]

IS THAT THEIR PROFESSIONALISM? IT PROBABLY IS.

OR THEY KNOW HOW TO WORK THE SYSTEM.

160 STORES OWNED AND OPERATED AND THEY SHOW UP AT THE LAST MINUTE. COMMON SENSE SOMETIMES.

I KNOW IT'S A HARD THING TO REALIZE.

THANK YOU. >> THANK YOU.

SEEING NO OTHER PUBLIC COMMENT ON THIS ISSUE, NORMALLY WE ALLOW REBUTTAL SO I'M GOING TO ASK MR. GABRIEL IF HE WANTS TO SAY ANYTHING FURTHER BEFORE WE DISCUSS THIS AND VOTE ON THE

CONTINUANCE. >> I APPRECIATE IT.

WE ARE CERTAINLY SENSITIVE TO THE COMMUNITY.

>> LET HIM SPEAK, PLEASE. >> IT DOES TAKE TIME TO PREPARE THESE THINGS. THERE IS COORDINATION.

WE DO WANT AN OPPORTUNITY TO FURTHER DISCUSS WITH COUNTY STAFF AND FDOT THE FINDINGS OF THE SIGNALIZATION STUDY.

YOU HAVE TO DO THE STUDY FIRST BEFORE THEY ACTUALLY EVEN LOOK AT WHAT WE ARE PROPOSING. WE ARE VERY CONFIDENT ABOUT THIS IMPROVEMENT. ON ONE HAND, I DON'T WANT TO UNDERPLAY THE SIGNIFICANCE OF THE TRAFFIC STUDY.

ON THE OTHER HAND, I WANT TO NOTE WE ALSO DON'T HAVE AN AREN'T PRIVY TO SEVERAL OTHER ITEMS THAT I HEARD DISCUSSED TODAY FROM THE OPPOSITION THAT WE WOULD LIKE AN OPPORTUNITY TO TAKE A LOOK AT. AGAIN, WE'D LIKE TO HAVE AN OPPORTUNITY TO NOT JUST LOOK -- I'M TALKING BEYOND THE TRAFFIC STUDY. I DON'T KNOW WHAT THE 60-PAGE REPORT IS THAT WAS SUBMITTED.% THAT WAS SOMETHING ELSE I HEARD ABOUT. THERE'S SEVERAL THINGS I'M UNDERSTANDING AT THIS POINT IN TIME PROVIDED BY THE OPPOSITION.

I JUST WANT TO BE CLEAR, EVERYTHING WE PUT IN THE APPLICATION WE HAVE BEEN PROVIDING TO MR. DUNLOP AS THE HOA PRESIDENT. EVERY IOTA AND DOCUMENT AND PAGE IN THE APPLICATION IS IN THEIR PURVIEW.

ON THE OTHER HAND, I DO NOT BELIEVE THAT WE AS THE APPLICANT AND PROPERTY OWNER WITH PROPERTY RIGHTS HAVE HAD AN OPPORTUNITY TO LOOK AT ALL THE THINGS SUBMITTED BY SOME OF THE FOLKS IN THE COMMUNITY. I THINK 30 MORE DAYS IS APPROPRIATE. WE DID THE BEST WE COULD.

WE DID REACH OUT AS SOON AS WE MADE THE DETERMINATION THAT THIS WAS NEEDED YESTERDAY. I REACHED OUT TO MR. DUNLOP AS A STAKEHOLDER IN THE COMMUNITY. AND SO WE ARE DOING OUR BEST ERIC WE ARE NOT TRYING TO PULL A FAST ONE.

WE ARE TRYING TO BE VERY APPROPRIATE AND TRANSPARENT AND CANDID AND HAVE A FACTUAL BASED CONVERSATION.

AGAIN, 28 DAYS, WHATEVER IT IS, AUGUST 6 WOULD BE THE APPROPRIATE TIME. WE WANT AN OPPORTUNITY TO LOOK AT OTHER INFORMATION THAT WAS PROVIDED.

>> THANK YOU FOR YOUR COMMENTS. I WILL SAY THAT A 60 PAGE ENVIRONMENTAL STUDY CAME OUT SIMULTANEOUSLY WITH YOUR STUDY THAT WAS SENT TO US BY -- SENT TO US YESTERDAY AT 11:33 A.M.

IT WAS YOUR TRAFFIC STUDY AND A 60 PAGE ENVIRONMENTAL REPORT SUBMITTED BY KEITH DUBAY. WE GOT BOTH OF THOSE AT THE SAME TIME. I HAVE LOOKED AT BOTH IN DETAIL THIS MORNING, WE DID GET ANOTHER SUBMITTAL FROM MR. DUBAY, WHICH IS ALSO ENVIRONMENTALLY ORIENTED.

IT HAS SOME OF THE SAME INFORMATION BUT SOME DIFFERENT INFORMATION AS WELL. BUT WE DID GET THAT.

I DON'T KNOW WHAT OTHER REPORT IS OUT THERE SO COULD I ASK JACOB SMITH TO PLEASE INFORM US AS TO WHAT OTHER REPORTS HAVE BEEN SUBMITTED THERE THAT WE HAVE NOT SEEN OR THAT THE

APPLICANT HAS NOT SEEN? >> FOR THE RECORD, JACOB SMITH, I'M NOT AWARE OF ANY ADDITIONAL ONES.

MY APOLOGIES TO THE APPLICANT IF THEY DIDN'T RECEIVE THE ENVIRONMENTAL REVIEW SENT TO US. WE RECEIVED IT VERY RECENTLY AND THE PLANNER IS OUT SO THERE MAY HAVE BEEN A SLIGHT MISCOMMUNICATION ON THE TIMING OF THAT BUT I AM NOT AWARE OF ANY OTHER APPLICATION OTHER THAN THE ENVIRONMENTAL PACKET.

>> OKAY, THANK YOU. MR. MATOVINA.

>> I HAVE A COUPLE OF QUESTIONS. JACOB, THE FIRST SPEAKER REFERENCED THE TRAFFIC STUDY BY THE OPPOSITION AND SAID WE HAVE IT IN OUR PACKET. I'LL BE DARNED IF I CAN FIND IT

IN THIS PACKET. >> YES, YOUR PACKET OF 246

[00:55:04]

STARTS ON PAGE 223. >> MY SECOND QUESTION IS A TRAFFIC STUDY REQUIRED FOR PLAN AMENDMENT APPEAR.

>> FOR A COMPREHENSIVE PLAN AMENDMENT, ULTIMATELY THIS BOARD AND BOARD OF COUNTY COMMISSIONERS ARE ABLE TO JUDGE WHETHER THE INTENSITY OF THE PROPOSED LAND USE IS CONSISTENT AND COMPATIBLE WITH THE SURROUNDING AREA AND SO BY DEMONSTRATING TRAFFIC, THAT MAY GIVE YOU A BETTER UNDERSTANDING.

IS IT WHOLLY REQUIRED? I WOULD SAY WE HAVE PROCESS COMPREHENSIVE AMENDMENTS WITHOUT TRAFFIC STUDIES.

THEY ARE NOT UNIVERALLY REQUIRED.

>> ANY OTHER QUESTIONS OR COMMENTS FROM BOARD MEMBERS? SEEING NONE, I WOULD LIKE TO TAKE A FORMAL VOTE ON THIS FOR THE CONTINUANCE. IF WE COULD PUT THE VOTING SCREEN UP. IT IS ON THE FLOOR TO CONTINUE THIS OR NOT. DO WE NEED A MOTION TO ENTERTAIN THIS? LEX, DO WE NEED -- WE ACTUALLY NEED A MOTION TO GO AHEAD AND ENTERTAIN? I WILL LET SOMEONE ELSE DO IT BECAUSE I AM NOT PERSONALLY IN FAVOR OF IT. MR. MATOVINA.

>> I WILL MAKE A MOTION TO CONTINUE CPA 2020 5-13, DAILY'S PLACE, FOR TWO CYCLES UNTIL THE FIRST MEETING IN AUGUST.

>> WE HAVE A MOTION BY MR. MATOVINA.

AND I HEARD MISS PERKINS SECOND THE ITEM.

WE ARE READY TO VOTE. THAT MOTION FAILS.

WE ARE GOING TO PROCEED WITH THE HEARING.

MR. GABRIEL, THE FLOOR IS YOURS. >> ALL RIGHT THANK YOU.

JASON GABRIEL WITH BURR AND FURMAN, THE REPRESENTATIVES OF THE APPLICANT AND OWNER. I AM HERE TODAY WITH OUR ENGINEERING TEAM, ETM, AND OBVIOUSLY WE WILL BE AVAILABLE FOR ANY QUESTIONS YOU MIGHT HAVE FOR I THINK THIS GOES WITHOUT SAYING BUT MY SLIDE, EVERYTHING WE PRESENT HERE TODAY, I WANT TO MAKE SURE THAT IT IS PART OF THE RECORD FOR THE WHOLE PROCESS FOR OKAY. THIS REQUEST IS NARROW.

WE ARE ASKING YOU TO CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL B TO COMMUNITY COMMERCIAL.

WE ARE NOT ASKING FOR A REZONING, NONE IS NEEDED BECAUSE THIS PROPERTY IS ALREADY ZONED COMMERCIAL GENERAL AND IT HAS BEEN ZONED COMMERCIAL GENERAL SINCE THE ADOPTION OF THE COUNTY'S CURRENT CODE FOR WHAT WE ARE ASKING YOU TO ADOPT AS A BINDING COMPREHENSIVE PLAN POLICY IS A SITE SPECIFIC TEXT AMENDMENT THAT CAPS THE ENTIRE SITE AT 2000 SQUARE FEET, RESTRICTS EVERYTHING NORTH OF OTTO'S PLACE TO PASSIVE USES, A STORM WATER SYSTEM AND A GREEN SPACE, BASICALLY, AND LOCKS IN A 30-FOOT SCENIC EDGE ON STATE ROAD 13 IN A 35-FOOT DEVELOPMENT EDGE AGAINST EVERY PART OF THE PROPERTY ADJACENT TO RESID RESIDENTIAL. THIS IS AN AERIAL, WE TOOK THIS FROM THE STAFF REPORT, I BELIEVE IT'S FROM DECEMBER OF 2024.

THE SITE IS OUTLINED IN YELLOW. PARCELS THAT STRADDLE OTTO'S PLACE. I DRAW YOUR ATTENTION TO THE SITE'S IMMEDIATE NEIGHBORS ALONG THE HIGHWAY, THE SHOPPING PLAZA TO THE NORTH CACTI SHOPPING PLAZA TO THE SOUTH AND ON THE GROUND CACTUS FRONTAGE ALREADY READS AS A COMMERCIAL EDGE.

THE RESIDENTIAL CHARACTER OF FRUIT COVE ESTATES BEGINS TO THE WEST, BEHIND THE SITE, WHICH IS EXACTLY WHERE OUR 35-FOOT DEVELOPMENT EDGE WOULD GO. THIS IS THE ZONING MAP.

BOTH SUBJECT PARCELS ONCE AGAIN ARE ZONED COMMERCIAL GENERAL AND HAVE BEEN SINCE THE DAWN OF THE COUNTY'S CURRENT CODES.

[01:00:01]

CG ACROSS STATE ROAD 13. SRD COMMERCIAL JUST UP THE HIGHWAY. THE RESIDENTIAL ZONING RS2 BEGINS BEHIND THE SITE TO THE WEST.

THE ZONING QUESTION WAS ANSWERED DECADES AGO.

THIS IS COMMERCIAL LAND AND A COMMERCIAL CORRIDOR.

THE USE WE PROPOSED IS ALLOWED BY RIGHT NC G..

THE ONLY DOCUMENT THAT LAGS IS THE FUTURE LAND USE MAP AND THAT IS THE SINGLE THING THIS APPLICATION SEEKS TO FIX.

HERE IS THE FUTURE LAND USE MAP. ONCE AGAIN, AS YOU CAN SEE ON THE LEFT, THAT IS THE CURRENT STATUS TODAY.

ON THE RIGHT WOULD BE THE PROPOSED EXHIBIT A FOR THE FUTURE STATUS. THE ORANGE IS THE EXISTING COMMUNITY COMMERCIAL AND SO NOTICE WHERE IT IS IT IS RUNNING DOWN STATE ROAD 13, THAT CORRIDOR THERE FROM RACETRACK ROAD TO THE SITE'S NORTH PROPERTY LINE.

THE COUNTY ESTABLISHED THE COMMERCIAL PATTERN YEARS AGO.

YOU CAN SEE FROM EXHIBIT A THE PROPOSAL IS TO SIMPLY EXTEND THE DESIGNATION TO THE TWO ADJOINING PARCELS THAT ALREADY CARRY THE MATCHING COMMERCIAL ZONING AND THEN IT STOPS THERE.

THE RESIDENTIAL B DESIGNATION ON EVERY PARCEL AROUND US REMAINS UNTOUCHED HERE ONCE AGAIN, IT'S NOT A NEW DIRECTION FOR THE CORRIDOR, IT'S SIMPLY A COMPLETION OF THE COUNTY'S OWN DESIGN. SO WHY ARE WE HERE? BECAUSE THE MAP AND THE ZONING DISAGREE.

THE ZONING ORDINANCE, THE DOCUMENTS THAT ACTUALLY REGULATES WHAT CAN BE BUILT SAYS COMMERCIAL GENERAL.

THE FUTURE MAP SAYS RESIDENTIAL B.

STAFF'S REPORT, WHICH WAS VERY COMPREHENSIVE, CONFIRMS BOTH POINTS. AND CONFIRMS THAT THIS SITE SITS IN THE CORRIDOR WHERE THE ADJOINING PROPERTIES NORTH, SOUTH AND ACROSS STATE ROAD 13 ARE ALL ALREADY ZONED COMMERCIALLY. SO STAFF'S REPORT CONFIRMS SOMETHING IMPORTANT ABOUT THE HIGHWAY BECAUSE THIS PARCEL HAS BEEN ZONED CG SINCE CODE ADOPTION.

IT IS EXEMPT FROM THE COMMERCIAL SETBACK UNDER THE POLICY.

I THINK IT IS POLICY 8.1.4 POINT A BUT WE ARE NOT RELYING ON THE EXEMPTION TO DO LESS, WE ARE COMMITTED TO THE FULL 30-FOOT SCENIC EDGE WITH ENHANCED LANDSCAPING ANYWAY.

SO THIS AMENDMENT DOESN'T INTRODUCE COMMERCIAL CHARACTER TO THIS CORNER OF THE COUNTY, IT RECOGNIZES THE COMMERCIAL CHARACTER OF THE COUNTY'S OWN ZONING MAP WHICH IT HAS BEEN ASSIGNED TO FOR DECADES. WHAT WE ARE PLANNING ON DOING IS RESTRICTING IT SO RECOGNIZING THE COMMERCIAL THAT IS THERE AND DECREASING AND RESTRICTING IT. WHAT THE TEXT LOCKS IN, AND THIS IS AT THE HEART OF THE APPLICATION, COMMUNITY COMMERCIAL WOULD ORDINARILY ALLOW 12,000 SQUARE FEET PER ACRE OVER 92,000 SQUARE FEET ON SITE HERE WE ARE CAPPING IT IN A SITE SPECIFIC TAX POLICY AT 20,000 SQUARE FEET PER YEAR AND ALL ON THE SOUTHERN PARCEL, NOTHING NORTH.

THAT IS A 78% REDUCTION FROM THE DESIGNATION CEILING, BASICALLY THE 2600 SQUARE FEET PER ACRE. AGAIN, IT'S A 78% REDUCTION.

NORTH OF OTTO'S PLACE, NO BUILDINGS AT ALL.

PASSIVE USE ONLY, STORM WATER SYSTEM, GREEN SPACE.

BECAUSE THESE LIMITS WOULD BE ADOPTED AS PART OF THE COMPREHENSIVE PLAN POLICY, NO FUTURE OWNER CAN ENLARGE THEM ADMINISTRATIVELY. ANY CHANGES WOULD HAVE TO COME BACK BEFORE YOU THROUGH THESE CHAPTER 163 PUBLIC HEARINGS FOR THIS CHART REALLY IS THE CONTEXT THAT EPITOMIZES THE WHOLE REQUEST UNDER THE CURRENT RESIDENTIAL B. DESIGNATION, THE PLANS OWN COMMERCIAL PATHWAY, NEIGHBORHOOD COMMERCIAL AT 10,000 SQUARE FEET PER ACRE SUPPORTS ROUGHLY 77,000 SQUARE FEET ON THIS SITE WITHOUT ANY AMENDMENT.

THE COMMUNITY COMMERCIAL WITHOUT A TAX POLICY WOULD ALLOW FOR, AGAIN CACTUS IS GENERAL IN THE ABSTRACT BUT WOULD ALLOW FOR 92,400 SQUARE FEET. BUT THIS IS PROBABLY THE MOST IMPORTANT ONE WHICH YOU SEE THAT YELLOW BAR RIGHT THERE, THE THIRD ONE FROM THE LEFT, WHICH DEPICTS 52,100 SQUARE FEET, WHICH ISN'T THEORETICAL SQUARE FOOTAGE, THOSE ARE APPROVED CONSTRUCTION PLANS UNDER APPLICATION COMM202343, WHICH

[01:05:02]

THAT PROJECT CAN BE BUILT UNDER THE CURRENT MAP TONIGHT WITH NO FURTHER HEARING. THAT'S UNDER THE ENTITLEMENT THAT IT HAS TODAY. SO OUR REQUEST IS THE FOURTH BAR, THE GREEN BAR, AS YOU CAN SEE THERE.

AGAIN, IT'S A CAP OF 20,000 SQUARE FEET, LESS THAN 40% OF WHAT'S ALREADY APPROVED WITH 46% OPEN SPACE INSTEAD OF 32 AND 120 TREES PRESERVED INSTEAD OF 75. IT IS A BIT QUIRKY BECAUSE WE ARE TALKING ABOUT SMALL SCALE LAND USE AMENDMENT BUT IT'S NO SECRET. THE IDEA IS TO DO A DAILIES CONVENIENCE STORE AND SO THERE'S A SITE PLAN AND A PACK OF MATERIALS FOR I'M SAYING 20,000 SQUARE FEET AS A SITE SPECIFIC POLICY CAP BUT REALLY WHAT THE PROPOSAL IS IS A GIVE OR TAKE 7500 SQUARE FOOT CONVENIENCE STORE WITH THE CAR WASH AND GAS STATION USES. EVEN THAT PARTICULAR USE IS WAY UNDER WHAT'S ALLOWED THERE. SO NOW WE ARE GETTING INTO, THIS IS GETTING INTO THE TRAFFIC WHICH REALLY IS THE FRONT END CENTRE ISSUE. I KNOW THERE ARE OTHER ISSUES THAT HAVE BEEN BROUGHT UP BUT PROBABLY THE PRIME MATTER.

AND I KNOW THIS IS A PRINCIPAL CONCERN FOR THE COMMUNITY.

AND AGAIN, IT WAS STATED AT THE APRIL COMMUNITY MEETING, WE WERE ASKED WHERE OUR TRAFFIC STUDY WAS, AGAIN IS IN YOUR PACKET SPIRIT WE WANT TO FINESSE IT AND HAVE SOME FURTHER CONVERSATION WITH FDOT AND THE COUNTY. BUT A FULL ACCESS ANALYSIS AND SIGNAL WARRANT ANALYSIS, WHICH IS THEIR, HAS BEEN PROVIDED HERE THOMAS HATCHER, WHO IS THE CIVIL ENGINEER IS THE AUTHOR OF IT.

IF THERE'S ANY QUESTION ABOUT THAT OR, I HEARD SOMEONE SAY IT WASN'T SIGNED OR SEALED OR DATED IT CERTAINLY WAS AUTHORED BY MR. HATCHER, AND HE IS HERE TODAY AS AN EXPERT ON THE MA MATTER. WHAT YOU WILL SEE IN THERE IS THE FINDINGS WHICH ARE VERY INTERESTING.

AFTER PASSED BY CAPTURE CACTUS PROJECT ADDS 142 NET NEW TRIPS IN THE PM PEAK HOUR, WHICH IS FEWER THAN THE 227 FROM THE APPROVED RETAIL AND OFFICE PROJECT FOR I WILL GET INTO THIS IN A MOMENT BUT WITH THE SIGNAL GOING IN THERE, IT BASICALLY BRINGS A FAILING CORRIDOR OR JUNCTURE THERE, WHICH IS AT AN LOS OR LEVEL OF SERVICE OF B. I WANT TO BE CLEAR THAT THE FAILURE IS TODAY WITHOUT ANY DEVELOPMENT.

THE LEVEL OF SERVICE OF B WOULD BE WITH THE IMPROVEMENTS.

SO NET NEW TRAFFIC. AND LET ME ADDRESS REAL QUICK A NUMBER THAT YOU MIGHT HEAR. THE GROSS DRIVEWAY COUNT AT A GAS STATION. STAFF'S REPORT SAYS 4880 DAILY TRIP ENDS. BUT THEN THE STAFF REPORT ANALYSIS GOES FURTHER IN THAT SAME PARAGRAPH IT GOES ON TO SAY THAT 66 TO 67% OF THOSE VEHICLES ARE PASSED BY TRAFFIC.

AND THAT'S A VERY IMPORTANT FEATURE IN ALL OF THIS TRAFFIC ANALYSIS. THOSE ARE CARS ALREADY DRIVING ON STATE ROAD 13 TODAY. THAT IN TURN WOULD REFUEL AND CONTINUE TO TRIP -- TO CONTINUE THE TRIP THEY WERE ALREADY MAKING. IN OTHER WORDS, A CONVENIENCE STORE DOESN'T CEMENT TRAFFIC TO THE CORRIDOR, IT CAPTURES TRAFFIC THAT IS ALREADY THERE. WHAT THE ROAD NETWORK ACTUALLY ABSORBS, THE NET NEW TRIPS IS LOWER IN EVERY TIME.

THAN THE RETAIL AND OFFICE PROJECT THIS COUNTY HAS APPROVED FOR THE EXACT SAME GROUND FAIR THE SIGNAL THIS APPLICATION DELIVERS SOMETHING THAT COULD GO IN TODAY WOULD NOT, A SOLUTION AT THAT INTERSECTION. THE SIGNAL WARRANT ANALYSIS, AGAIN, BEFORE YOU, IT LOOKED AT A TRADITIONAL FOUR LEG SIGNAL AT STATE ROAD 13 ODO'S PLACE. IT FOUND IT WOULD BE WARRANTED THERE. OUR ENGINEER RECOMMENDS IT.

IT'S PROJECTED TO OPERATE AT A LEVEL OF SERVICE OF B.

[01:10:01]

SO THINK ABOUT WHAT THAT SIGNAL MEANS FOR THE VERY PEOPLE THAT WOULD LIVE THERE OR COMMUTE AROUND THERE.

FRUIT COVE ESTATES TODAY HAS ONE WAY IN AND ONE WAY OUT.

TODAY, RESIDENTS PULL OUT INTO GAPS IN THAT 45-MILE-AN-HOUR ARTERIAL TRAFFIC. CHILDREN WALK TO A BUS STOP AT AN UNSIGNALIZED CROSSING. SIGNAL GIVES THE NEIGHBORHOOD A PROTECTIVE, RECURRING GREEN AND A PROTECTED PEDESTRIAN PHASE, INFRASTRUCTURE THAT THIS GROWTH CORRIDOR WILL NEED REGARDLESS AND FUNDED THROUGH THE DEVELOPMENT AND NOT THROUGH THE TAXPAYER PEER THE RESIDENTS HAVE PROVIDED A TRAFFIC REPORT.

I GUESS YOU COULD CONSIDER IT A TRAFFIC STUDY FOR THE RESIDENTS OF FRUIT COVE ESTATES I WOULD SUBMIT THAT THAT SUPPORTS OUR REQUEST YOUR DOCTOR BUCHOLTZ ANALYZE THE INTERSECTION AS A TWO-WAY NO SIGNAL, USING APRIL 2023 COUNTS GROWN FORWARD BY AN ASSUMED 2% PER YEAR. UNDER THOSE ASSUMPTIONS, FOUND THAT UDO'S PLACE APPROACH AT A LEVEL OF SERVICE OF F, AS I MENTIONED EARLIER. OUR ENGINEER ESSENTIALLY AGREES WITH THAT DIAGNOSIS. AN UNSIGNALIZED PLACE FAILS AS THIS CORRIDOR GROWS WITH OR WITHOUT THIS PROJECT.

WHERE THE TWO STUDIES DIFFER IS OURS ANALYZED A CURE -- PROVIDES A CURE, A WARRANTED SIGNAL. FOUND THE INTERSECTION WOULD OPERATE AT A LEVEL OF SERVICE OF B.

SO THE OPPOSITION STUDY IS IN TRUTH A STUDY OF WHAT DENIAL WOULD PRESERVE, AND WHAT WE ARE PROPOSING IS WHAT THE APPROVAL WOULD FIX. ON THE ENVIRONMENTAL PROTECTION SIDE, THE MODERN FLORIDA FUEL SYSTEMS ARE AMONG THE MOST HEAVILY REGULATED INFRASTRUCTURE IN THE STATE UNDER FDP S.

STORAGE TANK RULES. THESE ARE ALL ON LINE.

YOU CAN REVIEW THESE RULES. TANKS AND PIPING ARE DOUBLE WALLED SO FUEL NEVER CONTACTS SOIL.

SENSORS BETWEEN THE WALLS ALARM INSTANTLY, AUTOMATIC GAUGING DETECTS A LOSS AS SMALL AS A TENTH OF A GALLON PER HOUR AND SHUTS THE SYSTEM DOWN AUTOMATICALLY IF IT DOES.

SPIEL BUCKETS CATCH DELIVERY DRIPS, AUTOMATIC OVERFILL PROTECTION STOPS FILLING AT 95%. AND THERE IS ACCOUNTABILITY BEHIND THE HARDWARE. STATE CERTIFIED OPERATORS, UNANNOUNCED INSPECTIONS AND MANDATORY FINANCIAL RESPONSIBILITY. THE LAW REQUIRES FUNDED CLEANUP CAPACITY. A COMMUNITY HOLDING THE BILL.

ONE MORE THING WORTH STATING IS THAT FUEL DELIVERY WILL COME ON STATE ROAD 13. TYPICALLY ONCE A DAY AND THERE IS NO TANKER TRUCKS ON OTTO'S PLACE.

RESIDENTS RAISED TWO MAIN WATER CONCERNS, PRIVATE WELLS IN FRUIT COVE ESTATE AND RUNOFF FLOWING WEST.

THIS PLAN IS DESIGNED AROUND BOTH.

THE ENTIRE NORTH PARCEL, A GROUND WHERE 17,000 SQUARE FEET OF OFFICE BUILDING IS APPROVED TODAY BECOMES UNDER THIS PROPOSAL A STORMWATER RETENTION SYSTEM AND GREEN SPACE PERMANENTLY UNDER THE AMENDMENT. RUNOFF IS CAPTURED, TREATED BY THE WATER MANAGEMENT DISTRICT STANDARDS AND DISCHARGED INTO STORMWATER INFRASTRUCTURE, NOT TOWARD THE NEIGHBORHOOD.

STAFF REPORT NOTES THAT THE COUNTY'S REGIONAL MODEL SHOWS 100 YEA STORM INUNDATION ON THE SOUTH PARCEL AND THAT'S PRECISELY WHAT STATE AND COUNTY CONSTRUCTION PLAN PERMITTING EXISTS TO RESOLVE, AND NOTHING CAN BE BUILT UNTIL IT IS.

ON THE NOISE AND LIGHTING FRONT, THE CAR WASH USES ENCLOSED MODERN EQUIPMENT, FUELING AND LOADING ARE ORIENTED TO STATE ROAD 13. CANOPY LIGHTING IS RECESSED AND FULL CUTOFF AND SITE LIGHTING IS GOING TO MEET THE LAND DEVELOPMENT CODES. PHOTOMETRIC LIMITS AT THE PROPERTY, THE RESIDENTIAL PROPERTY LINE IS ZERO SPILLAGE FOR THESE ARE NOT PROMISES, THEY ARE ENFORCEABLE PERFORMANCE STANDARDS VERIFIED UPON CONSTRUCTION PLANS AND PERMITTING ON -- ON THE GENERAL CHARACTER, THE SITE ADJOINS COMMERCIAL PLAZAS TO THE NORTH AND TO THE SOUTH FAIR PLAZAS APPROVED IN 2001 AND 2002 THAT WERE NEVER REQUIRED TO PROVIDE

[01:15:03]

THE COMPREHENSIVE PLAN, YOUR COMPREHENSIVE PLAN ITSELF, AND IT'S IN POLICY A1411, STATES COMPATIBILITY DOES NOT MEAN THE SAME AS COMPARE IT MEANS COEXISTING STABLY WITH IMPACTS MITIGATED. SO EVERY IMPACT RAISED IN THIS RECORD HAS A DESIGN CODE ENFORCEABLE ANSWER.

YOU WILL HEAR TONIGHT PERHAPS A CONVENIENCE STORE WITH FUEL IS INCOMPATIBLE WITH NEARBY HOMES. THE COMPREHENSIVE PLAN DOES NOT DEFINE COMPATIBILITY AS A FEELING.

AGAIN, IT DEFINES IT AS USES THAT COEXIST IN RELATIVE PROXIMITY TO EACH OTHER IN A STABLE FASHION OVER TIME.

WE TESTED THAT DEFINITION AGAINST THE COUNTY'S OWN PRACTICE. THIS TABLE IS A SAMPLE OF SEVERAL LOCATIONS WE STUDIED, CONVENIENCE STORES WITH FUEL OPERATING BESIDE HOMES ACROSS ST. JOHN'S COUNTY AND SEVERAL ON THE RESIDENTIAL FUTURE LAND USE DESIGNATIONS, INCLUDING RESIDENTIAL B AT ROBERTS ROAD. INCLUDING ONE ON THIS VERY CORRIDOR AT 1790 STATE ROAD 13. EXACTLY OUR POSTURE, COMMERCIAL GENERAL ZONING UNDER A RESIDENTIAL MAP DESIGNATION.

LOOK AT THE SEQUENCING COLUMN. AT 1790 STATE ROAD 13 AND DUNCANVILLE ROAD, THE HOMES CAME AFTER THE STORE.

FAMILIES LOOKED AT AN OPERATING FUEL STATION AND IT WAS CHOSEN TO BUILD NEXT DOOR ANYHOW. IN ONE CASE, 23 FEET AWAY.

THE BOTTOM THREE ROWS ARE NOT HISTORIC, THESE ARE THE COUNTY'S MODERN DECISIONS, GAS STATION APPROVED IN 2006, BESIDE EXISTING HOMES AND TWO APPROVED IN 2024, ONE BESIDE HOMES BUILT THE YEAR BEFORE. NOT ONE OF THOSE LOCATIONS HAVE A 35-FOOT ENHANCED DEVELOPMENT EDGE THAT WE ARE COMMITTING TO.

BY THE WAY, IN OUR PLAN, THE CLOSEST PUMP TO HOME DISTANCE IS OVER 300 FEET AWAY. SO THIS IS THE COUNTY'S LIVED PRACTICAL EXPERIENCE. YOU MAY HEAR THAT THIS WAS DENIED BEFORE. I HEARD THIS A FEW TIMES TODAY.

THIS WAS HEARD IN 16 AND 19. THOSE ARE SEPARATE APPLICATIONS.

RESPECTFULLY CACTUS IS NOT THAT APPLICATION.

THOSE REQUESTS OUGHT 45000 SQUARE FEET WITH COMMERCIAL OR OFFICE DEVELOPMENT ON THE NORTH PARCEL.

THIS REQUEST CAPS THE ENTIRE SITE AT 20,000 SQUARE FEET.

A FURTHER 56% CUT, INTAKES THE NORTH PARCEL OUT OF DEVELOPMENT ENTIRELY. AGAIN, SPECIFIED IN THE TAX.

IN 2019, THERE WAS NO SIGNAL SOLUTION BEFORE THIS BOARD.

TONIGHT, THERE IS A STUDY AND AN FDOT METHODOLOGY WITH A WARRANTED SIGNAL AT A LEVEL OF SERVICE OF B.

SO THINGS HAVE CHANGED FUNDAMENTALLY.

IN 2019, DENIAL AT 52,000 SQUARE FOOT RETAIL AND OFFICE PROJECT WHICH IS CLEARED FOR CONSTRUCTION.

MORE SQUARE FOOTAGE, MORE NET NEW TRIPS, NO SIGNAL AND A BUILDING WHERE NOW WE ARE PROPOSING GREEN SPACE SO A LEGISLATIVE BODY CAN ALWAYS REACH A DIFFERENT RESULT ON MATERIALLY DIFFERENT FACTS. I KNOW YOU KNOW THAT.

THESE FACTS ARE MATERIALLY DIFFERENT FROM THOSE APPLICATIONS. THESE ARE JUST SOME ANTICIPATED ANSWERS TO QUESTIONS. I WON'T GO THROUGH ALL OF THEM.

THEY COVER EVERYTHING FROM NEED, PROPERTY VALUES, HOURS OF OPERATION. I HEARD SOMETHING ABOUT THE COUNTY'S LANE ACQUISITION PROGRAM.

LONG TERM STEWARDSHIP. I WILL LEAVE IT DISPLAYED.

WE WILL ADDRESS ANY QUESTIONS YOU HAVE AS THEY MAY COME UP.

AND FINALLY, THE LEGAL STANDARD WHICH ARE COUNTY ATTORNEY'S OFFICE HAS SET FORTH IN THE STAFF REPORT.

THIS IS A LEGISLATIVE POLICY MAKING DECISION REVIEWED UNDER THE FAIRLY DEBATABLE STANDARD. EVERY REVIEWING DEPARTMENT HAS CLOSED ITS COMMENTS. STAFF, AS YOU KNOW, IS PROFESSIONAL AND THOROUGH. J HAS CONFIRMED WATER AND SEWER CAPACITY. NONRESIDENTIAL DEVELOPMENT IS EXEMPT FROM TRANSPORTATION CONCURRENCY UNDER THE COUNTY'S OWN LAND DEVELOPMENT CODE A POLICY CHOICE OF COUNTY COMMISSIONERS MADE TO ENCOURAGE EXACTLY THIS KIND OF INVESTMENT.

ROAD IMPACT FEES REMAIN DUE AT PERMITTING AND THE REQUIRED SITE ACCESS STUDY HAS BEEN COMPLETED. AGAIN, SUBJECT TO A LITTLE FINESSING AND COORDINATION WITH FDOT AND THE RECORD SUPPORTS EACH OF THESE STEPS FOR FINDINGS OF FACT FOR APPROVAL.

[01:20:04]

>> COULD YOU GO BACK TO SLIDES FOR A MINUTE.

I WASN'T ABLE TO READ EVERYTHING I WANTED TO READ THERE.

HOLD ON. >> I CAN LEAVE THAT UP.

>> THAT IS OKAY. THANK YOU.

I SEE MR. MATOVINA HAS A QUESTION.

WE HAVE HAD A REQUEST TO LET THE SEVEN PEOPLE THAT HAVE BEEN ALLOTTED EXTRA TIME THROUGH A VARIETY OF SIGNATURES FROM THEIR NEIGHBORHOOD AND OTHERS TO SPEAK BEFORE THE PCA ASK QUESTIONS.

I DON'T KNOW WHAT THE BOARD THINKS ABOUT THAT FEAR.

>> MY QUESTION IS A SIMPLE, FACTUAL QUESTION.

I SAW SOMETHING SOMEWHERE, WE ARE TRYING TO HURRY THROUGH THIS MATERIAL. I CAN'T REMEMBER WHERE BUT I SAW SOME DISCUSSION ABOUT A NORTHBOUND LEFT TURN IN THAT DID NOT SEEM TO BE AT THE INTERSECTION.

AND THEN I SAW A DRAWING, I'M GOING FROM MEMORY HERE, WHICH ISN'T GOOD AT MY AGE, BUT I THOUGHT I SAW A DRAWING THAT SHOWED A SOUTHBOUND LEFT TURN TO NOWHERE IN FRONT OF THE RIGHT TURN. AND I JUST WANT TO CONFIRM WHAT IS BEING PROPOSED IS THE CONNECTION TO OTTO PLACE, AND A RIGHT IN, RIGHT OUT AT THE SOUTHERN END OF THE PROPERTY.

>> THAT IS MY UNDERSTANDING. IF YOU DON'T MIND, I'M GOING TO DEFER TO THOMAS HATCHER WHO IS OUR PROJECT ENGINEER ON THIS.

>> FIRST OFF, GOOD AFTERNOON EVERYONE.

MR. MATOVINA, THE NORTHBOUND LEFT FROM WHAT I UNDERSTAND IS ALREADY PRESENT AT THE SOUTHERN ENTRANCE.

IT'S A LEFT AND RIGHT. >> HOW CAN THAT BE? THERE IS ANOTHER DRIVEWAY RIGHT THERE TO THE SOUTH OF THAT THAT

GOES BACK INTO THE CHURCH. >> I WOULD LOVE AN AERIAL RIGHT NOW BUT I AM CONFIDENT THAT IT IS THERE.

>> I'M TRYING TO REMEMBER THE TURNING MOVEMENTS OF CARS HERE.

>> CAN WE SHARE THIS? >> I'M SURE AN AERIAL CAN BE PUT UP HERE. WHICH THAT IS NOT.

>> THIS IS NOT AN AERIAL. THIS IS THE SOUTHERN ACCESS POINT TO THE SITE. THERE IS A NORTHBOUND LEFT TO SERVE THE SOUTHERN ENTRANCE THAT WOULD SPLIT TRAFFIC BETWEEN OUR SOUTHERN DRIVEWAY. A LOT OF TIMES THESE DIRECTIONAL MEDIAN OPENINGS ARE CO-LOCATED SO THERE'S A SOUTHBOUND LEFT

THERE. >> I SEEM TO REMEMBER THAT NOW BECAUSE I REMEMBER PEOPLE TURNING AROUND TO GO TO THE WORKOUT PLACE AND THE SHOPPING CENTRE TO THE SOUTH.

BUT THE PLAN IS ONLY THE OTHER TWO ACCESS POINTS TO THE

PROPERTY SHOWN ON THIS MAP? >> THE ACCESS PLAN THAT WE ARE PROPOSING IS TO MAINTAIN THAT DIRECTIONAL MEDIAN OPENING AND THEN THIS FULL MEDIAN OPENING HERE, HOWEVER THIS FULL MEDIAN OPENING, WE ARE SHOWING THAT IT WILL NEED TRAFFIC SIGNAL WARRANTS. IT WOUL HAVE TO GO THROUGH THE

ICE PROCESS. >> OKAY, THANK YOU.

>> YES, SIR. >> OKAY, THANK YOU.

I'M SURE YOU WILL HAVE MORE QUESTIONS LATER.

WHAT DOES THE BOARD THINK ABOUT ALLOWING THE SEVEN PEOPLE WHO

[01:25:07]

DO YOU WANT TO VOTE ON IT? OKAY.

LET'S DO A VOICE VOTE ON ALLOWING THAT.

ALL RIGHT. ALL IN FAVOR? OPPOSED. ALL RIGHT DO WE NEED TO TAKE A BREAK?

[GAVEL] >> ALL RIGHT, TIME TO GET BACK IN SESSION HERE. AFTER 10-MINUTE BREAK.

BEFORE WE CALL UP THE SEVEN SPEAKERS I WOULD LIKE TO APOLOGIZE TO THE NEIGHBORHOOD THERE ABOUT THE ROAD.

I HAD NEVER HEARD THE WORD OTOE'S PRONOUNCED AND CALLING IT OTOE'S PLACE AND NOW KNOW IT'S OTOE'S PLACE.

AND SEVEN SPEAKERS AND FIRST ON THE LIST IS JEREMIAH MULLIGAN, BUT WE SPOKE YESTERDAY AND HE IS GOING TO SUM UP AT THE END WITH HIS TIME. I WILL CALL MICHAEL DUNLAP, THE HOA PRESIDENT TO THE PODIUM. AND YOU HAVE FIVE MINUTES, SIR.

YOU MIGHT WANT TO INTRODUCE YOURSELF AND ADDRESS AGAIN FOR

THE RECORD. >> OKAY, GOOD AFTERNOON, MY NAME IS MIKE DUNLAP, THE PRESIDENT OF FRUIT COVE ESTATES HOMEOWNER'S ASSOCIATION, 1455 TAMRON PLACE AND MY WIFE AND I HAVE ENJOYED 16 HAPPY YEARS AT RESIDENCE. I HAD A GREAT PLANNED PRESENTATION, I WILL GO OFF SCRIPT, STILL PRESENT MY PRESENTATION BECAUSE I WANT TO ADDRESS ISSUES THAT I HEARD MR. GABRIEL PRESENT. HE SPENT A LOT OF TIME DRAWING A COMPARISON BETWEEN WHAT IS CURRENTLY ALLOWED IN COMMERCIAL RETAIL AND THEIR PROPOSAL. I WANT TO STATE QUITE CLEARLY AS AN HOA AND AS A COMMUNITY. WE HELD AN OFFICIAL MEETING AND WE VOTED WE WERE OKAY WITH WHAT IS CURRENTLY PROPOSED.

>> EXCUSE ME, PAUSE THE TIME, COULD TOM, COULD YOU PLEASE ZOOM IN ON HIS MATERIALS THERE, SO WE CAN READ THEM.

>> I'M GOING A BIT OFF SCRIPT NOW.

>> FINE I WOULD LIKE TO SEE THEM BETTER, OKAY, GO AHEAD.

CLOSER IF YOU COULD TOM. >> WE COMPLETELY UNDERSTAND WHAT IS PROPOSED THERE, IN LINE WITH THE CURRENT LANDUSE MAP.

IT'S OKAY. WHAT WE'RE NOT OKAY WITH IT AND NOW MATTER HOW YOU TRY TO DRESS IT UP, 24/7 HIGH INTENSITY REGIONAL GAS STATION. IT IS DIFFERENT.

IT CAN'T BE BUILT THERE WITHOUT A VOTE.

AS MUCH AS WE WOULD LIKE TO SAY THAT THE ZONING IS OUT OF CHARACTER, IT'S NOT INLINE WITH THE FUTURE LANDUSE MAP.

WE'RE GOING TO USE OUR TIME AT THIS PODIUM TO STATE WHY THAT IS INCORRECT. I MADE THE COMMENT ABOUT FAMILIES ARE CHOOSING TO LIVE NEAR GAS STATIONS.

NO, DEVELOPERS CHOSE TO BUILD NEAR GAS STATIONS AND FAMILIES MADE AN EDUCATED CHOICE TO THEN BUY THAT HOME.

WE HAVE LIVED PEACEFULLY IN OUR NEIGHBORHOOD OVER 30 YEARS WITH THE EXPECTATION THAT ZONING REMAIN REZ-B.

NOT WHAT THEY ARE CURRENTLY PROPOSED WHICH IS COMMUNITY COMMERCIAL. BIG DIFERENCE.

THE COMMENT THAT NOTHING HAS CHANGED.

IT HASN'T CHANGED. IT IS STILL A 24/7 HIGH INTENSITY REGIONAL GAS STATION. AND WE CAN DRESS IT ANY WAY WE LIKE, BUT THAT IS WHAT IS PROPOSED TO BE BUILT.

BACK TOWARDS WHAT WAS CURRENTLY APPROVED THERE, A GAS STATION, MR. GABRIEL MADE THE COMMENT ABOUT NET NEW TRIPS.

CERTAINLY IN ALL THE RESEARCH I HAVE DONE THE PROPOSAL FOR WHAT IS CURRENTLY PROPOSED HAS 22-2300 DAILY TRIPS AS PROJECTION. THE GAS STATION IS UP AROUND OVER 5,000. WE CAN SPIN THOSE NUMBERS AND SURE THAT MR. BUCKHOLZ WILL TALK ABOUT IT AND PUT TO YOU, FOR SOME REASON THE TRAFFIC FOR A WHAT IS CURRENTLY ZONED IS HIGHER, THEN WHY WOULDN'T TO GET A TRAFFIC LIGHT AS WELL?

[01:30:04]

TO TALK TO FDOT, THEY TALKED TO FDOT OVER A MONTH AGO AND HAD PLENTY OF TIME TO GET THEIR DUCKS IN A ROW BEFORE THIS BOARD. AND THEN TO COME BEFORE YOU AND PROPOSING A TRAFFIC LIGHT THAT WE DON'T KNOW IS ISSUED OR APPROVED IS QUITE FRANKLY LUDICROUS.

HOW CAN YOU ALLOW A LAND USE CHANGE BASED ON A PROMISE? I DON'T THINK YOU CAN, I HOPE YOU CAN'T.

IT MAKES NO SENSE TO STAND UP WITH A NICE NEW SHINY PENNY AND PUT IN A TRAFFIC LIGHT AND HAVE NOT DONE THE DUE DILIGENCE TO MAKE SURE THAT CAN ACTUALLY HAPPEN.

TALKED ABOUT NEED. AS WE LOOK AT THE NEED, THERE IS NO NEED FOR THIS GAS STATION. THERE ARE 13 GAS STATIONS WITHIN SIX MILES. THERE ARE SIX GAS STATIONS WITHIN THREE MILES. TWO OF THOSE ARE ALREADY DAILY'S. WE HAVE MULTIPLE CONVENIENCE STORES, WE HAVE GAS STATIONS, WE HAVE SUPERMARKETS, THERE IS NO NEED FOR LAND ZONE CHANGE TO BE CHANGED TO NOW PUT GAS STATION IN A SPOT ZONE AND DISRUPT OUR LIVES ENTIRELY.

I ACTUALLY ASK YOU TO HONOR WHEN THIS WAS DESIGNATED AS RES-B.

DID IT TO PRESERVE WHAT IS THERE AND NOT ALLOW SUDDENLY A LARGE CORPORATION TO COME IN AND CHANGE IT.

WE DON'T NEED IT AND I ASK YOU TO DENY IT.

THANK YOU. >> THANK YOU SIR.

NEXT IS DR. BUCKHOLZ AND YOU HAVE 10 MINUTES.

NAME AND ADDRESS. >> THANK YOU, JEFF BUCKHOLZ.

I HAVE A PHD IN TRAFFIC ENGINEERING AND DOING SINCE 1988 WORKING WITH D.O.T. AND COUNTY ALL OF THOSE YEARS.

MY PURPOSE HERE IS NOT TO ADVOCATE FOR OR AGAINST THIS DEVELOPMENT, I DON'T CARE. I DON'T LIVE ANYWHERE NEAR IT.

I WANT TO BE SURE THAT YOU HAVE ACCURATE TRAFFIC INFORMATION AND AT THIS POINT YOU ARE NOT GETTING ACCURATE TRAFFIC INFORMATION. THE DEVELOPER STARTED FIRST STUDY IN 2023, AND TOTALLY IGNORED ANALYZING THE INTERSECTION AND THAT'S THE 300 POUND GORILLA THAT INTERSECTION, HOW TO OPERATE. AND IGNORED IT AND DIDN'T LOOK AT IT AND KNEW IT WAS GOING TO BE A PROBLEM.

WHEN I DID MY STUDY I ANALYZED THE INTERSECTION AND YOU HAVE TRIPS AND 13 VEHICLES AND DELAYS FOR EACH VEHICLE, WHAT THAT CAUSE? SAFETY PROBLEM AND RIGHT NOW SHORT CUES AND NO SAFETY ISSUE BUT WITH THIS SERVICE.

IT'S EQUIVALENT HOT, 90° BUT COULD BE 130° AND THAT'S A BIG DIFFERENCE OF 90. AND A MUCH LESS OF SERVICE WITH THIS DEVELOPMENT. DON'T BE MISLEAD, THIS DEVELOPMENT IS GOING TO BE HAVE A VERY NEGATIVE IMPACT ON THAT INTERSECTION. AFTER MY STUDY, THEY CAME BACK WITH THEIR STUDY OH, I GUESS WE NEED TO PUT A SIGNAL IN.

THE ONLY PROBLEM WITH THAT, NO WAY, YOUR CHANCE TO GET A SIGNAL AT THAT LOCATION FROM FDOT ABOUT 10%.

AND I HAVE BEEN DEALING WITH FDOT ON TRAFFIC SIGNALS MANY YEARS. IT'S NOT BIG ENOUGH DEVELOPMENT, IT MEETS THE NUMBERS AND HAS TO BE WARRANTED BY THE SIZE OF THE DEVELOPMENT THERE. IT'S NOT BIG ENOUGH DEVELOPMENT, A GAS STATION IN A HOUSING DEVELOPMENT IN SOME RETAIL ACROSS THE STREET, THAT'S NOT BIG ENOUGH THESE DAYS FOR FDOT TO PUT IN A TRAFFIC SIGNAL. AND TOO CLOSE TO RACE TRACK ROAD, NOT ALLOW THAT SIGNAL. 10% CHANCE.

IF POLITICAL ARM TWISTING MAYBE A SIGNAL, WHAT IT WILL TAKE, THE TECHNICAL PEOPLE OF FDOT NEVER ALLOW IT.

THE BOTTOM LINE HERE IS WITHOUT A TRAFFIC SIGNAL THE INTERSECTION IS GOING TO BE VERY BAD.

AND THEY KNOW IT. AND MY STUDY THAT I SUBMITTED SHOWS THAT WILL BE VERY BAD. THERE WERE OTHER THINGS IN THE REPORT DISINGENUOUS, IN THE REPORT ANALYZE USING ACCEPTED PRINCIPLES FOR TURN-LANE WARRANTS AND IF NEEDED AND DRIVEWAY. AND THEY CONCLUDED YES, THEY ARE WARRANTED. AND THEN SAY, NO, DON'T PUT THEM

[01:35:01]

WHAT? YOU DON'T THINK WE CAN PUT IN A RIGHT TURN LANE WITHOUT ACCOMMODATING PEDESTRIANS AND BICYCLES. LOOK AT FRUIT COVE SOUTH IT HAS RIGHT-TURN LANE AND ACCOMMODATES PEDESTRIANS AND BICYCLES.

WHY TRAFFIC ENGINEERING SAY NO WE DON'T NEED THOSE RIGHT-TURN LANES. BECAUSE HE KNOWS THAT HIS CLIENT DOESN'T WANT TO PAY FOR THEM. THERE IS ALSO TECHNICAL DEFICIENCIES IN THE REPORT, I WON'T GO INTO THOSE BUT COULD.

THERE IS USE OF NONACCEPTED TECHNICAL PROCESSES IN THE REPORT, BUT NOT GOING INTO THOSE.

I WANT TO KEEP IT BASICALLY FOCUSED ON THAT ISSUE, THE ZEKZ IS GOING TO BE A MESS. WITHOUT A TRAFFIC SIGNAL AND NOT GET A TRAFFIC SIGNAL FROM FDOT. AND I WOULD LIKE TO TAKE THE REST OF MY TIME TO HAVE YOU ASK ANY QUESTIONS YOU WOULD LIKE ABOUT THAT. IF YOU HAVE ANY.

>> I HAVE A QUESTION ABOUT, IT'S NOT ABOUT THE TRAFFIC SIGNAL PER SE BUT STATED A MOMENT AGO, THAT THERE ARE FEWER NET TRIPS WITH THE GAS STATION THAN WHAT IS APPROVED NOW.

IS THAT CORRECT? >> WELL, IT DEPENDS WHAT YOUR TRIPS YOU ARE CONCERNED ABOUT. IF YOU'RE TAKING OUT THE PASS-BY TRIPS, THE TOTAL TRIPS MORE AT THE GAS STATION THAN WITH THE DEVELOPMENT THEY PREVIOUSLY APPROPRIATED IN 2023.

MORE TOTAL TRIPS. BUT WHEN YOU TAKE OUT THE PASS-BY TRIPS AND LESS NET TRIPS.

WHAT COMES OUT OF THE DEVELOPMENT INTO THE INTERSECTION NOTHING TO DO WITH PASS BY.

ALL THE TRIPS THAT GO IN COME OUT.

YOU LOOK AT ALL TRIPS. THE PASS BY IS ONLY USED FOR REDUCTION ON THE MAIN LINE. SOME PEOPLE WILL COME OFF AND USE THE GAS STATION AND COME BACK OUT, EVERY TRIP WILL COME BACK ON THAT INTERSECTION AND EVERY TRIP AFFECT THE INTERSECTION AND THAT'S THE 300 POUND GORILLA.

AND IGNORING PASS-BY TRIPS, CUTTING OUT THE PASS-BY TRIPS DOESN'T AFFECT THE INTERSECTION, YOU HAVE TO INCLUDE ALL TRIPS IN THE INTERSECTION ANALYSIS. THEY INCLUDED ALL THE TRIPS IN

SIGNAL WARRANT ANALYSIS. >> OKAY, THIS 66-76% CAPTURE

RIGHT? >> THAT MEANS PEOPLE COMING OFF INTO IT AND HAVE TO COME OUT AT THAT INTERSECTION WITH A RIGHT TURN. AND IF NORTH OF JACKSONVILLE WHERE 75% OF TRAFFIC, COME OUT AT OTOE'S PLACE.

ALL THE TRIPS AFFECT OPERATION OF THE INTERSECTION.

>> OKAY, CAUSE I HAVE DRIVEN BY THOUSANDS OF GAS STATIONS IN MY LIFE, AND I WISH THAT 76% OF THE PEOPLE IN FRONT OF ME WOULD PULL

OFF AND GO IN THE GAS STATION. >> WHAT THEY ARE SAYING, IF YOU WENT IN AND ASKED SOMEBODY AT THAT GAS STATION, WERE YOU JUST PASSING BY WHEN YOU STOPPED IN, 76% SAY YES ON MY WAY HOME, AND THAT'S THE DIFFERENCE BETWEEN PASS-BY AND PRIMARY TRIP.

>> THANK YOU FOR CLARIFYING. OKAY.

ANY OTHER QUESTIONS? MR. MATOVINA.

>> I'M GOING TO SPECULATE HERE BUT YOU MAY HAVE THE ANSWER, SOUTHBOUND ON 13 THERE IS NO RIGHT-TURN LANES FROM THE BRIDGE TO THIS LOCATION. WHICH INCLUDES A TURN IN INTO PUBLIX. AND BASED WHAT I KNOW THE DISTANCE OF THE SIDEWALK AND ASSUMING THAT THE SIDEWALK IS ON THE OUTSIDE EDGE OF THE RIGHT-OF-WAY, I SUGGEST PERHAPS

NOT ROOM FOR RIGHT-TURN LANE? >> WELL THERE IS ONE AT FRUIT COVE SOUTH AND THE CLIENT OWNS THAT RIGHT-OF-WAY, THE CLIENT COULD DONATE RIGHT-OF-WAY. THAT WOULD HAVE TO BE LOOKED AT OBVIOUSLY. BUT THE CLIENT DIDN'T COME BACK AND SAY INSUFFICIENT RIGHT-OF-WAY.

NOT WHAT THEY SAID IN THE REPORT, BIKE AND PED

RAMIFICATIONS AND NOT PUT IN. >> THAT WOULD BE A BIKE AND PED RAMIFICATION BECAUSE YOU DIDN'T HAVE ROOM TO PUT THE SIDEWALK

BACK. >> WELL, YOU DEFINITELY HAVE ROOM TO PUT THE BIKE LANE IN. NO REASON, THE BIKE LANE GOES NEXT TO THE THROUGH LANE. AND THE RIGHT-TURN LANE AND THE SIDEWALKS ON THE OUTSIDE. I HAVEN'T DONE THAT ANALYSIS TO SEE IF ENOUGH RIGHT-OF-WAY. AGAIN RIGHT-OF-WAY COULD BE DONATED AND COULD BE TAKEN BY EMINENT DOMAIN IF NECESSARY TO EXTEND THE RIGHT-TURN LANE IF NECESSARY.

DEFINITELY SOUTH OF DRIVEWAY, THEY OWN THAT PROPERTY.

[01:40:04]

AT OTOE'S PLACE HAVE TO BE LOOKED AT.

I AGREE WITH YOU THERE. >> MR. OLSON.

>> YES, I HAVE A COUPLE OF QUESTIONS, TRAFFIC ENGINEERING RELATED. ABOUT OTOE'S PLACE, I BELIEVE IN THE STAFF REPORT SOMEWHERE IT MAKES THE POINT THAT IF THIS LAND USE MODIFICATION IS APPROVED AND THE PROPOSED DEVELOPMENT GOES FORWARD, THAT OTOE'S PLACE WOULD NEED TO BE RECLASSIFIED FROM A LOCAL STREET TO A MINOR COLLECTOR.

WOULD THAT REQUIRE A RECONSTRUCTION OF OTOE'S PLACE THAT NOW IS A STREET THAT MEANDERS AROUND LARGE OAK TREES AND LIMITED IN ITS FUNCTIONALITY.

>> VERY GOOD POINT. GENERATES OVER 5,000 TRIPS A DAY, THIS CAR WASH AND GAS STATION AND CONVENIENCE STORE.

IF HALF OF THOSE GO TO OTOE'S PLACE AND MORE THAN HALF, THAT 2,000 CARS A DAY THRESHOLD FOR COLLECTOR AND SIDEWALKS AND THE LANES WIDE ENOUGH AND GIVEN TREE CANOPY, ISSUES WITH HOW TO GET

THAT DONE. >> WHAT IS THE APPROXIMATE OF NEW CONSTRUCTION RIGHT-OF-WAY NEEDED FOR THAT?

>> I DON'T KNOW WHAT THE ANSWER TO THAT.

I DO KNOW ALSO IF YOU PUT A TRAFFIC SIGNAL IN THERE D.O.T., IN THEIR 10% CHANCE THEY WOULD, ALMOST FOR SURE REQUIRE THAT YOU HAVE MORE THAN ONE APPROACH LANE.

TO HAVE ONE APPROACH LANE TO THE TRAFFIC SIGNAL, A SEPARATE RIGHT-TURN LANE AND THROUGH LEFT TO OTOE'S AND MEANS YOU CUT DOWN

TREES. >> ON SR13?

>> OTOE'S PLACE. >> FDOT WANT TO PROTECT THEIR MAIN ROAD, WHAT THEY WANT TO DO, AND GIVE MINIMUM GREEN TIME TO THE SIDE STREETS TO HAVE MAXIMUM LANES.

SELDOM THEY APPROVE A SIGNAL LANE WITH ONE APPROACH LANE, VERY SELDOM, MULTIPLE APPROACH LANES.

>> WOULD THAT IMPROVEMENT BACK THAT THIS PROPERTY LINE THAT

WE'RE TALKING ABOUT? >> IF YOU PUT IN ADDITIONAL TURN LANE BACK A COUPLE HUNDRED FEET PROBABLY.

>> OKAY, AND MY LAST QUESTION. THE IDEA OF--OR THE NEED FOR A SIGNAL AT OTOE'S PLACE AND 13, WOULD THAT ACTUALLY CREATE A SITUATION WHERE ACTUALLY MORE CARS WOULD WANT TO USE THE SIGNALIZED INTERSECTION AND THEREFORE MORE TRAFFIC ON OTOE'S THAN THE DIRECT IN AND OUT ON TO 13, THE OTHER ACCESS POINT.

AND THE REASON I'M ASKING THAT IS JUST PERSONAL EXPERIENCE, IF I TRY TO MAKE A LEFT TURN INTO A SITE, AND THERE IS AN OPPORTUNITY TO USE A SIGNALIZED INTERSECTION, TO DEAL WITH ONCOMING TRAFFIC, I PROBABLY WOULD USE THAT.

>> THAT WOULD OCCUR ON THE EAST SIDE FOR SURE, WHERE THEY HAVE MULTIPLE OPPORTUNITIES TO GET OUT.

ON THE WEST SIDE OF OTOE'S PLACE, I'M NOT SURE.

>> THEN MY LAST QUESTION, WOULD LARGE HEAVY TRUCKS THAT DELIVER SUPPLIES TO THE CONVENIENCE STORE AND THE FUEL TO THE FUEL STATION, FUEL TANKS. WOULD THEY BE LIKELY WANT TO USE THE SIGNALIZED INTERSECTION AND THEREFORE OTOE'S PLACE FOR THAT

ACCESS? >> OF COURSE, IT WOULD BE GOOD, WE DON'T HAVE IT, IT WOULD BE GOOD TO HAVE THE APPLICANT TO PROVIDE TURNING RADIUS FOR BIG TRUCKS IN AND OUT.

HASN'T BEEN DONE YET BUT DEFINITELY THE BIG TRUCKS USE

THE SIGNAL. >> THANK YOU.

>> I WOULD LIKE TO INTERSECT BEFORE MS. SPIEGEL SPEAKS--EXCUSE ME, DR. BUCKHOLDZ, THE REASON ARE GETTING EXTRA TIME BECAUSE WE ASKING QUESTIONS, I CLARIFIED WITH THE ATTORNEY, AS LONG AS WE ASK QUESTIONS AND YOU ARE AN EXPERT IN YOUR FIELD, YOU ARE PRESENTING YOURSELF AS AN

EXPERT. >> I AM.

>> GOOD. SO WE CAN CONTINUE TO ASK YOU QUESTIONS. PLUS YOU ARE NOT LIKELY GOING TO GET ANY OTHER CHANCE TO SPEAK AFTER THIS.

AND THEY'RE GOING TO HAVE REBUTTAL THAT HAS UNLIMITED

TIME. >> HAPPY TO ANSWER QUESTIONS.

>> ANY OTHER QUESTIONS FREE TO ASK THOSE, MS. SPIEGEL.

>> WELL, THANK YOU FOR CLARIFYING THAT, WONDERING IF I WAS GOING OVER. OKAY, YOU SENT AN E-MAIL

[01:45:05]

>> WELL, I THINK I HAVE EXPRESSED THE FACT THAT THEY ARE ASKING FOR A SIGNAL AND DON'T THINK THEY WILL GET ONE.

>> SOMETHING TO DO WITH DATES AND SEALS.

>> OH, YEAH. >> I JUST READ YOUR E-MAIL AND I WOULD LIKE YOU TO CLARIFY THOSE COMMENTS.

>> OKAY, WHEN YOU PRODUCE AN ENGINEERING REPORT, YOU SIGN AND SEAL IT. ELECTRONICALLY THESE DAYS AND END UP WITH THIS BIG THING ON THE FRONT THAT SAYS DIGITALLY SIGNED AND SEALED AND GIVES THE TIME AND DATE.

IF THAT'S NOT DONE, THAT'S NOT AN OFFICIAL SIGNED AND SEALED REPORT AND THAT REPORT WAS NOT SUBMITTED TO YOU BY APPLICANT.

AND NOT SUBMITTING AN ENGINEERING REPORT THAT IS NOT SIGNED AND SEALED, FOR PUBLIC ASSUMPTION YOU VIOLATED THE PRINCIPLES OF THE BOARD. SIMPLE, YOU HAVE TO SIGN AND SEAL, NOT HAND IN SAYING THAT WE SIGNED AND SEALED.

>> SO THAT MIGHT EXIST AND WASN'T PROVIDED AND THEREFORE NEGATES THAT AFFIDAVIT TO THE REPORT.

>> YOU GOT TO SEE THIS. THAT'S HOW YOU KNOW.

USED TO STAMP REPORTS WHEN DONE NONELECTRONICALLY, NOW YOU HAVE

TO SEE THIS. >> THANK YOU SIR.

>> ANOTHER OBSERVATION HERE THAT I WOULD LIKE YOU TO ADDRESS.

ONE OF MR. GABRIEL'S SLIDES EARLIER ON IN THE PRESENTATION AND DESCRIBED THE D.O.T. MEETING THEY HAD, AND SAID SIGNAL WARRANT REPORT AND DATED JUNE 6, 2026.

BUT WE APPARENTLY DID NOT GET THAT REPORT UNTIL YESTERDAY, JULY 8, 2026. I SHOULD BE ASKING SOMEONE ELSE THIS, AND I WILL. DID YOU SEE THAT?

>> AGAIN HAD IT BEEN SIGNED AND SEALED ACTUALLY AND YOU WOULD HAVE THE ACTUAL DATE ON IT AND ON THE FRONT OF THE REPORT, JUNE 2026, AND HAD IT DONE BY JUNE 30, EIGHT DAYS BEFORE THEY GAVE

IT TO YOU. >> OKAY, IN YOUR PROFESSIONAL OPINION WHICH USE IS GOING TO CREATE MORE TRAFFIC? A GAS STATION? CONVENIENCE STORE AND CAR WASH OR WHAT IS ALREADY APPROVED 52

52,100 SQUARE FOOT. >> THE QUESTION IS WHICH WILL HAVE DETRIMENTAL EFFECT IS THE GAS STATION.

BECAUSE OF THE TRAFFIC COMING OUT OF OTOE'S PLACE.

>> GOING IN AND COMING OUT, HAS TO COME OUT.

>> YES. >> BUT YOU DON'T HAVE AN OPINION ON HOW MUCH TRAFFIC IS GOING TO BE GENERATED ON STATE ROAD 13.

>> ON STATE ROAD 13 IT'S BETTER WITH THE GAS STATION.

THE MAIN LINE OF 13 IS BETTER WITH THE GAS STATION THAN THE OTHER DEVELOPMENT. BUT WHAT COMES OUT ON OTOE'S PLACE IS WORSE WITH THE GAS STATION THAN THE DEVELOPMENT.

>> OKAY, AND YOU STICK PRETTY MUCH TO YOUR 10% CHANCE OF A

SIGNAL BEING INSTALLED. >> THAT WOULD BE MY ESTIMATE, WITHOUT POLITICAL PRESSURE, WITH POLITICAL PRESSURE FDOT CAN DO

ANYTHING. >> SURE, OF COURSE.

OKAY. ALL RIGHT.

ANY OTHER QUESTIONS, OKAY, SEEING NONE.

THANK YOU VERY MUCH SIR. OUR NEXT SPEAKER HOLD ON IS--OKAY WE HAVE TWO, AND THEY ARE GOING TO DIVIDE 10 MINUTES INTO TWO FIVE-MINUTE SEGMENTS, CINDY DUNLAP AND CHRISTIAN

LIBBY. >> GOOD AFTERNOON, CINDY DUNLAP AND I LIVE AT 1455 TAMRON PLACE. I HAVE GREW UP IN ST. AUGUSTINE AND SERVED AS A COMMERCIAL LENDER IN THE AREA FOR 35 YEARS.

I UNDERSTAND AND SUPPORT DEVELOPMENT.

BUTWE'RE NOT HERE TODAY TO TALK ABOUT WHETHER I AM PRODEVELOPMENT OR AGAINST DEVELOPMENT.

WE ARE HERE TO TALK IF THIS MAKES SENSE.

IS THIS SENSIBLE FOR WHERE IT'S GOING? IS IT COMPATIBLE. WE ARE BACK AND FIND OURSELVES HERE FOR THE THIRD TIME TELLING OUR STORY AND TRYING TO DECIDE WHETHER THE ALL-IMPORTANT QUESTION, DOES THIS PROPOSAL MEET THE COUNT'S'S STANDARDS OF COMPATIBILITY, THAT'S WHAT I WILL TALK TO YOU ABOUT TODAY. THE CORE ISSUE FIRST THE

[01:50:06]

THIS IS NOT A QUIET NEIGHBORHOOD SHOPPING CENTER WE ARE TALKING ABOUT, THIS IS A 24/7 HIGH-TURNOVER REGIONAL GAS STATION WITH A CONVENIENCE STORE, CAR WASH AND SITUATED ON THE PROPERTY LINE OF FRUIT COVE ESTATES.

I KNOW SOME OF YOU HAVE BEEN OUT TO OUR NEIGHBORHOOD AND WE APPRECIATE THAT. AND THERE ARE HOMES THAT BACK TO IT. A 35 FOOT BUFFER DOESN'T RESOLVE WHAT THIS COMES WITH, WITH TRASH AND RODENTS AND CANOPY LIGHTING.

AND THE BUFFER THEY ARE STATING CANNOT RESOLVE ALL THAT COMES WITH FOR THOSE HOMEOWNERS. THE APPLICANT STATES BECAUSE UNDERLINING ZONING IS CURRENTLY COMMERCIAL G, THE FLUM SHOULD ACTUALLY MATCH IT. AS YOU WELL KNOWN FLORIDA LAND USE LAW, THE COMP PLAN IS SUPREME.

ZONING MUST CONFORM TO THE PLAN, NOT THE OTHER WAY AROUND.

THE COMP PLAN DICTATES THAT THE LAND IS COMPATIBLE AND COMPLEMENTARY. AS MR. GABRIEL STATED THE TWO HAVE TO CO-EXIST. BUT FORCING A COMMUNITY COMMERCIAL HUB WITH SUCH AN INTENSE USE INTO A RES-B SECTOR VIOLATES THE TRUE MEANING OF COMPATIBILITY AS OUTLINED BY THE COMP PLAN. LET'S TAKE A LOOK AT OTOE'S PLACE AND SAFETY ISSUES. AS HAS BEEN STATED A FEW TIMES PRIOR FRUIT COAST ESTATES HAS ONE ACCESS PLACE OTOE'S PLACE AND TO HAVE VEHICLE ACCESS ON THIS MINOR ROAD.

THE STATEMENT THAT THEY PROVIDED THEY WILL PROVIDE DETAILED MITIGATION FOR TRAFFIC. MIXING THIS KIND OF FUEL TANKERS WHICH THEY SAY AND DELIVERY TRUCKS THAT GO STATE ROAD 13 THAT JUST CAN'T BE POLICED. AND MIXING THAT TRAFFIC AND COMMUTER CUT THROUGH WITH CAR WASH ISSUES WITH OUR NEIGHBORHOOD AND CHILDREN, IT ISN'T COMPATIBLE AND ISN'T CO-EXISTING WELL. TO ME UNMITIGATABLE SAFETY HAZARD AND DOES NOT MEET THE COMPATIBILITY TEST.

AND VIOLATES THE PRINCIPLES OF LAND DEVELOPMENT AND CODE.

SO WHERE DOES THIS LEAVE US? THIS LEAVES US WITH THE REQUIRED FINDINGS HAVE NOT BEEN MET. COMPATABILITY HASN'T BEEN DEMONSTRATED AND THE AMENDMENT CRITERIA NOT SATISFIED AND ADVERSE IMPACT STILL REMAINS EVEN THOUGH AS THE APPLICANT IS DIFFERENT AS MR. GABRIEL MENTIONED.

STILL A GAS STATION WITH A VERY INTENSE USE.

IN CONCLUSION I FEEL THIS PROPOSAL FAILS TO MEET THE COUNTY'S COMPATIBILITY TEST. I URGE THE BOARD ONCE AGAIN TO PLEASE VOTE NO ON THIS PLAN AMENDMENT CHANGE REQUEST.

THANK YOU FOR YOUR TIME. >> THANK YOU.

NEXT CHRISTIAN LIBBY. NAME AND ADDRESS FOR THE RECORD.

>> HELLO, CHRISTIAN LIBBY, 1452 TAMROW PLACE.

RESIDENT OF FRUIT COVE ESTATES, PURCHASED MY HOME IN 2012 AND RAISED TWO BOYS THERE. AND CONTINUE TO RAISE MY FAMILY THERE. THE PAPERWORK THAT THE APPLICANT FILED FOR THE REQUEST USED A LOT OF POLISH PLANNING WORDS.

CALL THIS PROJECT SMALL SCALE DEVELOPMENT MINIMIZE URBAN SPRAWL AND THAT'S MISLEADING. TRUE DEVELOPMENT IS TO BLEND INTO THE NEIGHBORHOOD AND SERVE THE PEOPLE LIVING THERE AND A HIGH-INTENSITY GAS STATION WITH CAR WASH AND BLOWERS ON 24/7 WOULD DOMINATE AND FOREVER CHANGE THE CHARACTER.

AND HOW THE FUTURE LAND USE IS NOW, WHEN YOU LOOK AT THE MAP, THE HIGHER INTENSITY COMMERCIAL TAPERS OFF TO THE LOWER

[01:55:02]

AND I KNOW PART OF THE JOB OF THE PZA IS TO CONTROL URBAN SPRAWL AND IN REALITY THEY ARE SHOVING A LARGE FUELING STATION NEXT TO RESIDENTIAL PROPERTY. THE EXACT DEFINITION OF HIGH IMPACT. THERE IS NO NEED FOR CHANGES LIKE THIS. IF YOU HAVE TRAVELED THE AREA, YOU KNOW THAT THE AREA IS SATURATED WITH GAS STATIONS AND CONVENIENCE OPTIONS AND NO PUBLIC NECESSITY THAT JUSTIFIES TO AS MORE FUEL PUMPS. AND LAND USE CODE EXISTS TO PROTECT THE SURROUNDING COMMUNITY.

AND APPEARS THAT ONLY THICK THAT THIS TEXT AMENDMENT PROTECTS IS THE INTEREST OF THE ENERGY COMPANY.

THE APPLICANT HAS COMPATIBILITY BUFFERS TO MAKE IT SEEM OKAY BUT NO BUFFER TO FILTER OUT THE NOISES OF GAS STATION.

AND ALSO THE TRAFFIC OVERFLOW THAT IS HAPPENING ON OTOE'S PLACE IS NIGHTMARE FOR THE HUNDREDS OF RESIDENTS THAT BATTLE TO GET OUT. FRUIT COVE ESTATES IS A PEACEFUL ESTABLISHED NEIGHBORHOOD AND BEEN THERE FOR OVER THREE DECADES AND RELY ON THE PLANNING AND ZONING BOARD TO BE OUR LINE OF DEFENSE AGAINST COMMERCIAL ENCROACHMENT, WHICH IS WHAT THIS IS. AND THIS BREAKS THE PROMISE OF GROWTH MANAGEMENT PLAN. SO PLEASE PROTECT OUR NEIGHBORHOOD AND THE SURROUNDING NEIGHBORHOOD'S CHARACTER AND VOTE NO ON THIS APPLICATION. THANK YOU.

>> THANK YOU. APPRECIATE IT.

NEXT WE HAVE CHRISTOPHER HEWLETT, YOU HAVE FIVE MINUTES.

SAYS ATTORNEY AND RESIDENT AND SPEAK ON SAFETY.

>> YES, SIR AND I DON'T LIKE TO ADVERTISE THAT I AM ATTORNEY,

GOT IN THERE. >> SORRY.

>> NO-- >> IT'S NOT A BAD WORD, REALLY

IT'S NOT. >> 613 IRENE COURT AND THIS IS MY DAUGHTER HARPER HEWLETT THAT, AND BROUGHT HER TODAY, GOVERNING AND IMPORTANT AND IMPACTS HER. I GO THROUGH SOME SLIDES QUICKLY AND MAY HAVE TO SLIP SOME BUT HAVE A FULL COPY FOR THE CLERK.

THIS DEVELOPMENT IS INCOMPATIBLE FOR THE SURROUNDING AREA FROM SAFETY STANDPOINT. AS DISCUSSED AND IMMEDIATELY BEHIND THE GAS STATION A 44-HOME SMALL NEIGHBORHOOD.

I WOULD ASK WHAT HAS CHANGED? WHAT HAS CHANGED IN THE THREE TIMES THEY HAVE BROUGHT THIS APPLICATION AND IT'S NOTHING THAT HELPS THEM NECESSARILY. I THINK IT'S COMMON SENSE THAT GAS STATIONS AND CONVENIENCE STORES GENERATE CRIME.

I THINK WE HAVE ALL HAD OUR OWN COMMON SENSE EXPERIENCE BUT YOU DON'T HAVE TAKE MY WORD FOR IT, ONLY RELY ON YOUR OWN COMMON SENSE. FBI CRIME STATS FOUND IN 2022, 5% OF VIOLENT CRIME IS COMMITTED AT GAS STATIONS AND ACCOUNTED FOR ROBBERIES. AND IN 2024, GAS STATIONS WERE PRIME PLACE OF CRIME. 2% OF HOMICIDE COMMITTED AT GAS STATIONS AND CONVENIENCE STARS. AND FROM ARTICLE MORE GAS, MORE CRIME, BASICALLY BUILT ON PRIOR CRIME RESEARCH AND TALKED ABOUT CRIME GENERATORS AND CRIME ATTRACTORS AND IN THIS PARTICULAR LOCATION, THE GAS STATION AND CONVENIENCE STORE CAN OPERATE AS BOTH. THE QUESTION IS WHY? WELL YOU ARE FORCING NEW INTERACTIONS WITH PEOPLE THAT DON'T KNOW EACH OTHER, PEOPLE THAT ARE GOING ABOUT THEIR DAY.

KIDS THAT ARE TRYING TO GET TO OUR SCHOOL BUSES.

IT'S AN OPPORTUNITY WHERE CASH ON HAND, AND USUALLY ATM AND PEOPLE STANDING AND PUMPING GAS, COULD HAVE CAR STOLEN.

CONCLUSION OF THE STUDY EVENTUALLY THAT GAS STATIONS AND CONVENTION STORES ARE CRIME GENERATORS AND CREATE INCREASE IN BOTH PROPERTY AND PERSONAL CRIMES.

AND NOT HYPOTHETICAL, AND IN 2026 WALKED IN A GAS STATION AND

[02:00:06]

AND POLICE SET UP THE SCENE AND SHOT THE GENTLEMAN WITH THE AIR SOFT GUN, ABSOLUTELY HAD TO DO THAT.

AND THE LOCATION OF THIS GATE GAS STATION WAS APPROPRIATE ONE, I-95 AND BALDWIN ROAD, GREAT SPOT FOR A GAS STATION.

THIS IS THE OFFICER'S RIFLE, YOU CAN SEE POINTING AT THE GAS STATION. FROM OUTSIDE IN THE STREET.

HERE'S A PICTURE, DOESN'T COME OUT GREAT BUT BROKEN GLASS FROM THE GUN SHOTS. SO UNDER DAILY'S PROPOSAL IF THIS HAPPENED AT FRUIT COVE ESTATES AND SHOOTING ACROSS FROM THE SCHOOL BUS OR INSIDE THE GAS STATION, I DON'T KNOW WHICH IS PREFERABLE. MAY 2024, INCIDENT AT DAILY'S 5:25 IN THE MORNING, SHOOTING SUSPECT TOOK OFF RUNNING AFTER A SHOOTING IN THE STORE. AGAIN WHAT WOULD HAPPEN IF AT FRUIT COVE ESTATES AND LOOK AT THE TIME, 5:25 A.M. 24/7 GAS STATION IS NOT COMPATIBLE WITH OUR NEIGHBORHOOD.

ANOTHER INCIDENT AT DAILY'S, AND 4 O'CLOCK A.M. CLERK ROBBED AT KNIFE POINT, SUSPECT TOOK OFF RUNNING IN ADJACENT AREA, THAT WOULD BE OUR NEIGHBORHOOD IF THAT WERE TO HAPPEN AT FRUIT COVE ESTATES. TWO SHOOTINGS A DAY APART CIRCLE K. NOT PICKING ON DAILY'S AND NOT PICKING ON ANYBODY IN PARTICULAR, IT'S THE DANGEROUS BUSINESS AND NECESSARY BUSINESS BUT NO PLACE IN FRONT OF 44-HOME NEIGHBORHOOD. WHAT HAS CHANGED? BUS STOP. THEY HAVE TO COME TO 13 AND HAVE TO CROSSOVER. I UNDERSTAND OUT OF TIME.

CAN I RECLAIM TIME? >> NO, THANK YOU.

SORRY, APPRECIATE THAT, BUT THANK YOU.

KEITH DUVET, RESIDENT ON ENVIRONMENTAL ASPECTS.

AND YOU HAVE 10 MINUTES, SIR. NAME AND ADDRESS FOR THE RECORD.

>> KEITH DUVET, 1474 TAMRAN PLACE.

MY PRESENTATION FOCUSES ON SEVERAL ENVIRONMENTAL COMPATIBILITY CONSIDERATIONS THAT I RESPECTFULLY ASK YOU TO CONSIDER. AS YOU--

>> CAN YOU PULL THAT MIC DOWN A LITTLE BIT?

>> YES, SIR. EVA EVALUATE, CONSIDER AS YOU EVALUATE THIS COMPRISED COMPREHENSIVE PLAN AMENDMENT. THIS INFORMATION THAT I PRESENT IS BASED ON THE COUNTY STAFF REPORT AND ST. JOHNS COMPREHENSIVE PLAN AND THE FLORIDA DEPARTMENT ENVIRONMENTAL RECORD AND APPENDIXES PREPARED BY RETIRED ENGINEER.

MY GOAL TODAY IS TO EXPLAIN THE EXISTING ENVIRONMENTAL CONDITIONS DISCUSSED APPLICABLE PLAN POLICIES AND HIGHLIGHT WHY THESE FACTORS ARE IMPORTANT AS YOU DETERMINE THIS PROPOSED AMENDMENT IS APPROPRIATE FOR THIS LOCATION.

BEFORE DISCUSSING THE PLANNING POLICIES I WOULD LIKE TO BEGIN LOOKING AT THE PROJECT SITE AND THE SURROUNDING NEIGHBORHOOD.

UNLIKE MANY DEVELOPMENTS, FRUIT COVE ESTATES WAS DEVELOPED BEFORE MUNICIPAL WATER AND SEWER SERVICE TO THE AREA.

AS A RESULT THE NEIGHBORHOOD DEPENDS ON PRIVATE DRINKING WELLS AND ELEVATED SYSTEMS AND UNDERLAID BY SHALLOW [INAUDIBLE]. THE DEVELOPMENT IS ADJACENT TO FRUIT COVE ESTATES, 44-HOME COMMUNITY THAT RELIES ON PRIVATE WELLS AND ELEVATED SEPTIC SYSTEM.

BEFORE CONSIDERING THE PROPOSED DEVELOPMENT ITSELF, IT'S IMPORTANT TO UNDERSTAND WHAT THE COMPREHENSIVE PLAN REQUIRES EVALUATING ENVIRONMENTAL COMPATIBILITY.

TODAY'S DECISION WHETHER COMPREHENSIVE LAND DEVELOPMENT AND PROPOSED HIGH INTENSITY DEVELOPMENT ARE COMPATIBLE WITH THIS LOCATION. PARDON ME, THIS SLIDE WAS OUT OF

[02:05:15]

THE EXISTING ENVIRONMENTAL CONDITIONS SHOULD BE CONSIDERED WHEN EVALUATING THE COMPATIBILITY OF PROPOSED LAND USE. GROUNDWATER IS THE SOLE SOURCE OF DRINKING WATER FOR FRUIT COVE ESTATES, PROTECTING IS ESSENTIAL. UNDERSTANDING THE IMPORTANCE OF GROUNDWATER LEADS TO THE NEXT QUESTION, HOW CAN COMTAMINANTS IF RELEASED MOVE THROUGH THE ENVIRONMENT AND POTENTIALLY AFFECT GROUNDWATER. BENZENE CAN MIGRATE THROUGH THE SOIL AND INTO DRINKING WELLS, IMPORTANT COMPATIBILITY CONSIDERATION. TRANSITIONING TO THIS SLIDE, LOOK AT AIR QUALITY EMISSIONS. THE PROXIMITY OF A FUEL FACILITY TO EXISTING HOMES IS A CONSIDERATION FOR PLANNING AND ZONING AGENCY REVIEW. ON THIS SLIDE HERE, THE NEXT SLIDES MOVE FORWARD FROM PLANNING POLICY TO PUBLICLY AVAILABLE ENVIRONMENTAL RECORDS MAINTAINED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR EXAMPLE.

PUBLIC RECORDS DEMONSTRATE THAT PETROLEUM REMEDIATION CONTINUES FOR YEARS AFTER THE RELEASE OCCURS.

THE PROBLEM IS FLORIDA MAINTAINS AN EXTENSIVE PETROLEUM CLEANUP PROGRAM, AND SOME CONTINUE LONG AFTER THE FACILITIES ARE CLOSED.

THIS NEXT SLIDE LOOKS AT PUBLICLY AVAILABLE DEP RECORDS INVOLVING THE PARENT COMPAN OF DAILY'S DEVELOPMENT AND HOW FLORIDA OVERSIGHT PROCESS CONTINUES UNTIL CLEAN-UP REQUIREMENTS ARE SATISFIED. THIS IS AN EXAMPLE INVOLVING FIRST CHOATE ENERGY AND THOUSANDS REQUIRING LONG-TERM INVESTIGATION AND CLEANUP. HAVING REVIEWED FLORIDA'S REGULATORY OVERSIGHT PROGRAM I WOULD LIKE TO LOOK AT SYSTEMS AND WHY FLORIDA REQUIRES TESTING AND MAINTENANCE THROUGHOUT THEIR SERVICE LIFE. POLICY A-1-411 REQUIRES THAT COMPATIBILITY USING FACTORS INCLUDING GROUNDWATER RESOURCES AND AIR QUALITY AND SURFACE WATERS AND PROTECTION OF SURROUNDING LAND USES. THIS PLAN HAS CONTINUES WITH INTENSITY OF PROPOSED LAND USEMENT I--USE.

I WOULD LIKE TO RETURN TO THOSE CONSIDERATIONS.

WHETHER A PROPOSED COMPREHENSIVE PLAN AMENDMENT IS PROPOSE TODAY, WHAT HAS MATERIALLY CHANGED? BEFORE CONCLUDING I WOULD LIKE TO REVIEW FINDINGS DOCUMENTED BY COUNTY, STAFF THAT I BELIEVE ARE PARTICULARLY RELEVANT TO YOUR DELIBERATIONS.

PAST DECISIONS PROVIDE IMPORTANT CONTEXT WHEN EVALUATING WHETHER A PROPOSED COMPREHENSIVE PLAN AMENDMENT IS APPROPRIATE TODAY.

AGAIN WHAT MATERIALLY HAS CHANGED? COUNTY STANDINGS FOR EVALUATING UNDER THE COMPREHENSIVE PLAN AS

[02:10:05]

FOR THESE REASONS I RESPECTFULLY REQUEST THAT THE PLANNING AND ZONING AGENCY RECOMMEND DENIAL OF CPA(SS) 2025-13, THANK YOU FOR YOUR TIME. YOUR SERVICE TO ST. JOHNS COUNTY AND YOUR THOUGHTFUL CONSIDERATIONS.

AND AGAIN IN CONCLUSION, WHAT HAS CHANGED?

>> THANK YOU. NEXT IS JOE MCINERNEY, AND YOU

HAVE 10 MINUTES, SIR. >> THANK YOU 1005 BLACKBERRY LANE AND I AM HERE REPRESENTING THE WILLIAM BARKLAY HIGHWAY AND VOTED UNANIMOUSLY TO OPPOSE THIS PROJECT.

JIM, PLEASE, THERE WE GO, THANK YOU.

SO IN THAT OPPOSITION WE CERTAINLY DO LOOK AT THE 2050 COMPREHENSIVE PLAN PARTICULARLY "A," AND THE COMPANION LAND DEVELOPMENT CODE. WHEN YOU LOOK AT THAT AND SEE A21, NORTHWEST SECTOR OVERLAY, 821111, RECOGNIZES THE NEED FOR COMMERCIAL AND RETAIL IN THE NORTHWEST SECTOR.

BUT IT ENCOURAGES THAT COMMERCIAL BE PLACED AT NODES AROUND MAJOR COLLECTOR INTERSECTIONS.

YOU CAN SEE THE NODAL APPLICATION I HAVE MADE.

AND YOU CAN GO TO THE WEBSITE AND FIND ALL ORDINANCES IN WHICH COMMUNITY COMMERCIAL WAS APPROVED IN THAT NODE SPACE.

THE APPLICANT SAYS THAT COMMERCIAL SHOULD CONTINUE BUT FAIL TO MAKE A DISTINCTION BETWEEN COMMUNITY COMMERCIAL, AND A HUGE DISTINCTION AND WHY WE ARE HERE TODAY.

BECAUSE OUR FUTURE LANDUSE MAP SHOWS RESIDENTIAL B FOR A PURPOSE. THE COUNTY INTENDED THAT MOVING SOUTH FROM IN THAT--FROM THAT NODE AND ENTER NEIGHBORHOOD AREA AND LOW INTENSITY COMMERCIAL USES.

AND PARTICULARLY WHEN YOU LOOK AT LAND DEVELOPMENT CODE, IT SAYS THAT NEIGHBORHOOD COMMERCIAL USES SHOULD BE PRIMARILY DAY TIME OR EARLY EVENING HOURS.

A PHOTOGRAPH THAT I TOOK OF A DAILY'S GAS STATION ON ROUTE 13 IN DUVAL. DEFINITELY NOT DAY-TIME EARLY AND I APPRECIATED THAT OUR NEIGHBORHOODS MENTIONED THE TERM, 24/7, THAT'S A BIG TERM AND A BIG DIFFERENCE THAT YOU HAVE TO CONSIDER. SO THE COMPREHENSIVE PLAN SHOULD CONSIDER COMPATIBILITY OF ADJACENT AND SURROUNDING LAND USES. AND THE NEIGHBORS HAVE DONE AN EXCELLENT JOB TO LOOK AT FACTORS AND NOT SPEND MUCH TIME TO TRAFFIC, IN COMPATIBILITY IF YOU WANT MORE, TRAFFIC IS SOMETHING TO LOOK AT. AGAIN I'M NOT GOING TO SPEND ANY TIME ON THAT, I THINK BOTH THE ENGINEERS HAVE PRESENTED HUGE FACTUAL INFORMATION. BUT I DO NOTE IN YOUR STAFF REPORT NOTES THAT STATE ROUTE 13 IS OVER CAPACITY, OVER CROWDED.

AND MENTION THERE IS A GREATER IMPACT IN GAS STATION 24-34% GREATER IMPACT. NOT GOING TO ELABORATE ON THAT AND YOU CAN ASK THE QUESTIONS OF THE ENGINEERS.

THAT'S LANGUAGE IN OUR STAFF REPORT.

SO LOOK, LET'S CONSIDER ALSO THE 2050 COMPREHENSIVE PLAN ELEMENT J, ECONOMIC DEVELOPMENT. THE COUNTY, WE'VE HEARD ABOUT THE TRANSPORTATION CONCURRENCY WAIVER INTENDED TO BRING IN COMMERCIAL. YES INDEED.

AND IN 2018, AN ORDINANCE WAS PASSED THAT DID WAIVE THE TRANSPORTATION CONCURRENCY WITH SPECIFICALLY THE IDEA OF WINNING MORE NONRESIDENTIAL. AND OUR NEW COMPREHENSIVE PLAN CAPTURES THAT IN ITS GOAL. ST. JOHNS COUNTY SHALL ENHANCE THE PROSPERITY OF ITS CITIZENS WHO PURSUIT OF COMMUNITY,

[02:15:04]

ECONOMIC DEVELOPMENT OPPORTUNITIES LEADING TO EXPANSION AND DIVERSITY OF COUNTY'S EMPLOYMENT AND TAX BASE. SO LADIES AND GENTLEMEN, YOU HAVE BEFORE YOU TWO CHOICES. YOU REALLY DO.

THAT ADDRESS OUR COMPREHENSIVE PLAN ELEMENT J.

EMPLOYMENT. AND TAX BASE.

I MADE AN EFFORT TO CONTACT OUR ECONOMIC DEVELOPMENT OFFICE ASKING FOR SOME SPECIFIC QUESTIONS ON JOB CREATION.

THEY DEAL WITH SPECIFIC PROJECTS, I DO NOT HAVE A SPECIFIC PROJECT. EXCUSE ME, I WENT TO GOOGLE AND RECEIVED THESE ANSWERS FROM AI. I THINK THEY ARE RELIABLE BECAUSE AI DID USE METROPOLITAN WASHINGTON, IF I CAN READ IT, COUNCIL OF GOVERNMENT. I WILL SAY IT'S A RELIABLE ESTIMATE HERE AND IT IS AN ESTIMATE.

BUT LOOK AT WHAT THEY SAY. 35,000 SQUARE FOOT COMMERCIAL RETAIL, ALREADY APPROVED, IT CAN BE BUILT AND BRING 8500 JOBS.

THE OFFICE BUILDING IS APPROVED AND CAN BE BUILT AND BRING 25-45 JOBS. 7400 CONVENIENCE GAS STATION, 15-25 JOBS. SO EMPLOYMENT IS IMPORTANT.

AS IS PROPERTY TAX INCREASE. PART OF THE ORDINANCE PASSED IN 2018 NOT ONLY WAS INTENDED TO INCREASE EMPLOYMENT BUT TO TAKE THE BURDEN, TAKE THE TAX LOAD BURDEN OFF OF US.

EACH OF US AS RESIDENTS. WE ARE RELYING TOO HEAVILY AS A BEDROOM COMMUNITY FROM PROPERTY TAX FROM HOMEOWNERS.

MORE NONRESIDENTIAL WILL BRING IN MORE PROPERTY TAX AND RELIEVE THE BURDEN ON YOU AND US AND EVERY COUNTY RESIDENT.

WE HAVE A CHOICE HERE, WE REALLY HAVE A CHOICE.

I LOVE THE COUNTY'S PROGRAM OF LIVE HERE, WORK HERE.

GOSH ALL OF THOSE NEW JOBS, LIVE HERE.

WORK HERE. SAVES PEOPLE FROM DRIVING TO JACKSONVILLE. THEY DON'T HAVE TO DRIVE TO JACKSONVILLE. RELIEVES PRESSURE ON OUR ROADS.

IT GIVES JOB OPPORTUNITIES FOR MORE OF OUR VERY OWN RESIDENTS.

LOOK HERE, FROM OUR PROPERTY TAX REMARKS PRAISER OFFICE AND I TALKED TO THEM ABOUT THIS. AND I'M NOT GOING THROUGH ALL THE MATHEMATICS HERE BUT TELL YOU USING EXAMPLES SUCH AS SHOPS AT ABERDEEN WHEREBY, YOU TAKE THE LAND OUT OF THIS, TAKE THE LAND VALUES OUT OF THIS AND JUST LOOKING AT BUILDINGS.

A BUCK 74 SQUARE FOOT FOR A COMMERCIAL RETAIL.

35,000 SQUARE FOOT HAS BEEN APPROVED AND CAN BE BUILT AND BRING IN POSSIBLY $60,000. A 17,000 SQUARE FOOT OFFICE HAS ALREADY BEEN APPROVED AND COULD BE BUILT.

AND COULD BE BRING IN AN ADDITIONAL $21,375.

A DAILY'S GAS STATION, THE EXAMPLE IS THEIR DAILY'S GAS STATION ON 210 AT BUCK 37 SQUARE FOOT, WHAT IS PROPOSED TODAY, 7400 SQUARE FOOT, $11,776. WHEN YOU LOOK AT THE TOTALITY OF OUR ECONOMIC DEVELOPMENT ELEMENT J.

WE ARE TRYING TO INCREASE EMPLOYMENT.

WE ARE TRYING TO INCREASE NONRESIDENTIAL PROPERTY TAXES.

ON THE LEFT ALREADY APPROVED COMMERCIAL AND RETAIL OFFICE BUILDINGS AND YOU HEARD, THE NEIGHBORHOOD HAS NO OBJECTIONS TO THOSE. EMPLOYMENT 110-165 JOBS.

AD VALOREM 82,000. COMPARED TO WHAT IS PROPOSED TODAY IN FRONT OF YOU, 15-25 JOBS, $11,000.

THAT'S THE CHOICE, WE'RE NOT ONLY LOOKING AT THE GAS STATION.

THE PRO'S AND CON'S OF THE GAS STATION, YOU ARE LOOKING AT BOTH PROJECTS. YOU REALLY HAVE AN OPPORTUNITY.

YOU HAVE AN OPPORTUNITY HERE TO MAKE A CHOICE.

THAT WILL INCREASE EMPLOYMENT AND PROPERTY TAX AND HELP ST.

JOHNS COUNTY RESIDENTS. AND SO I JUST CONCLUDE SAYING THAT DOES SOUND TO ME, IT'S CLEAR THAT THE CURRENT PROPOSAL FAILS TO MEET EXISTING COUNTY LAND USE, I SAY ZONING, THAT'S WRONG. LAND USE.

AND THAT'S WHY WE ARE HERE. THEY ARE TRYING TO CHANGE THE LAND USE. IT PROPOSES CHANGES THAT ARE INCOMPATIBLE WITH THE EXISTING CHARACTER OF THE AREA.

I LOOK AT A BRIGHT LIGHT THERE 24/7, NOT WHAT THE COUNTY

[02:20:04]

OUR RECOMMENDATION BECAUSE INCOMPATIBLE AND ADVERSE EFFECTS ON STATE ROUTE 13 AND POORLY ACHIEVES COUNTY GOALS FOR EMPLOYMENT AND TAX BASE, YOU RECOMMEND DENIAL OF DAILY'S PLACE APPLICATION. THANK YOU.

>> THANK YOU. AND OUR LAST SPEAKER BEFORE THE BOARD WILL ASK QUESTIONS, BUT IF YOU CAME HERE TO SPEAK TODAY AND THOUGHT YOU WOULD GET A CHANCE TO SPEAK, YOU WILL INDEED HAVE AN OPPORTUNITY. BUT WE WERE TAKING THESE SEVEN EXPERTS AHEAD OF TIME AND THEN WE'LL ASK QUESTIONS.

THEN YOU WILL GET AN OPPORTUNITY TO SPEAK IF YOU SO DESIRE.

JEREMIAH MULLIGAN. YOU HAVE--AND YOU ARE

REPRESENTING CLIENTS. >> I AM, I AM REPRESENTING THE BRIMWELLS AND RESIDENTS OFF OF OTOE'S PLACE.

>> WE CAN PROVIDE MORE THAN FIVE MINUTES.

>> HONESTLY, I DON'T THINK I NEED FIVE MINUTES AFTER THE PRESENTATIONS AND INTERESTED PARTIES OF STAKEHOLDERS.

I DON'T NEED TO GO THROUGH AND REITERATE ALL OF STUFF THEY SAID, THEY DID A PHENOMENAL JOB. I DO WANT TO GO THROUGH AND IDENTIFY SOME ISSUES THAT I SAW WITH INITIAL APPLICANT PRESENTATION AND HIGHLIGHT THINGS THAT STAKEHOLDERS IN THE COMMUNITY BROUGHT UP. JUST FOR CLARIFICATION TOO, JEREMIAH MULLIGAN, MALLORY LAW FIRM, HERE IN ST. AUGUSTINE.

I AM AN ATTORNEY AND REPRESENTING THE NEIGHBORS THAT THEIR PROPERTY LINE ACTUALLY ABUTS NEXT TO PROPOSED DAILY'S PLACE. SO THEY ARE VERY INTERESTED PARTY AND THAT'S WHY THEY DECIDED TO RETAIN AND TRY TO MAKE SURE THEIR INTERESTS WERE REPRESENTED AND BEING HEARD.

I FEEL PRETTY CONFIDENT THAT THEY ARE BEING HEARD AND I FEEL REALLY CONFIDENT IN THE INFORMATION THAT YOU ALREADY HAVE BEEN PROVIDED. I WANT TO TALK ABOUT MR. GABRIEL'S PRESENTATION AND DISCUSS THINGS THAT HAVE BEEN BROUGHT UP. I THINK AT THE OUT SET WE NEED TO CLARIFY THIS IS A COMPREHENSIVE PLAN AMENDMENT.

RIGHT, THIS ISN'T THE REZONING. THIS ISN'T A CONSTRUCTION PLAN APPROVAL. RIGHT, THERE HAS BEEN A LOT OF DISCUSSION ABOUT TANKER TRUCKS NOT GOING OTOE'S PLACE AND LIGHTING AND VARIOUS THINGS THAT IF THIS IS APPROVED WILL HAVE TO COME LATER. WHAT WE'RE HERE FOR TODAY SHOULD THE COMPREHENSIVE PLAN BE CHANGED.

RIGHT, SHOULD YOU RECOMMEND TO THE BOARD OF COUNTY COMMISSIONERS THAT IT BE CHANGED.

THAT THEY BE ALLOWED TO GO FROM RES-B TO COMMUNITY COMMERCIAL TO ALLOW THE CONSTRUCTION OF THIS PROJECT.

AND I THINK THAT WHAT IS REALLY CLEAR FROM THE COMMUNITY THAT YOU HAVE SEEN AND YOU SEE A LOT OF RED OUT HERE TODAY, IF YOU WERE AT THE COMMUNITY MEETING IN THE NORTHWEST SECTOR AND SEE A LOT OF RED THERE. WHAT YOU SEE THAT THE COMMUNITY DOES NOT WANT THIS. THAT THE VOCAL MAJORITY OUT AND FRUIT COVE DON'T WANT TO SEE THIS PROJECT BUILT.

DON'T WANT IT OUT THERE. THEY DON'T THINK IT'S NOT COMPATIBLE. AND NOT ONLY DO THEY NOT THINK THAT IT'S COMPATIBLE BUT INTELLIGENT AND ARTICULATE AND EXPLAIN WHY NOT COMPATIBLE. YOU HEARD FROM SEVERAL PEOPLE THAT ARE QUALIFIED AND BONIFIED AND GAVE YOU INFORMATION AND RUNNING THROUGH TIME. JUMP INTO IT.

MR. GABRIEL DID SPEND A LOT OF TIME TALKING ABOUT THE ZONING.

YOU MENTIONED THAT THE ZONING FOR THIS PIECE OF PROPERTY HAS BEEN CONSISTENT SINCE INCEPTION OF LAND DEVELOPMENT CODE SINCE THE CURRENT DEVELOPMENT CODE. SO HAS THE LAND USE.

THIS PROPERTY OWNER PURCHASED THE PROPERTY IN JUNE--SORRY, JULY 26, 2016. THAT DATE IS IMPORTANT BECAUSE THIS AGENCY, THE PLANNING AND ZONING AGENCY DENIED THE FIRST APPLICATION ON APRIL 21, 2016. THREE MONTHS BEFORE THEY PURCHASED THE PROPERTY. AND THEN THEY WITHDREW THE APPLICATION BECAUSE PLANNING AND ZONING RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS NORMALLY GO AND YOU MAKE THE

[02:25:02]

AND WITHDREW PROPRIETORSHIP --PRIOR TO MAKING IN 2016.

AND THE IDEA THAT IT WAS ZONED THIS IS TRUE AND IT HAS BEEN RES-B THE ENTIRE TIME. AND HAVE KNOWN THE ENTIRE TIME THAT RES-B DOESN'T ALLOW FOR A GAS STATION THEY ARE PROPOSING.

SO IT'S NO MYSTERY AND IT HAS BEEN THERE FOR A DECADE NOW AND SINCE OWNED IT. AND SO THEY HAVE COME BEFORE, AND HERE WE ARE AGAIN, AND THE QUESTION IS, WHAT HAS CHANGED.

MR. HEWLETT, HE GOT CUT OFF AND ONE OF THE THINGS TO BRING UP, ONE OF THE THINGS THAT CHANGED AND AT THE END OF OTOE'S PLACE IS A BUS STOP. THE CHILDREN HAVE TO GO TO OTOE'S PLACE TO CATCH THE BUS AND IT USED TO COME INTO OTOE'S PLACE AND TRAVERSE AND TURN AROUND.

THAT'S IMPORTANT, WHEN YOU TALK ABOUT ADDING THIS NUMBER OF TRIPS AND TALKING ABOUT THE TRAFFIC STUDIES THAT HAVE BEEN PRESENTED. AND TALKING ABOUT WHAT NEEDS TO CHANGE ON OTOE'S PLACE FOR THIS PROJECT TO GO FORWARD.

IT'S PRETTY MASSIVE. THE USE THAT THEY ARE PROPOSING, THE USE THAT DAILY'S PLACE WANTS TO PUT ON THIS ROAD IS NOT COMPATIBLE. AND CERTAINLY NOT COMPATIBLE WITH MR. HEWLETT'S DAUGHTER WALKING TO THE BUS STOP.

THE INFORMATION THAT WAS PRESENTED I THINK IS JUST VERY CLEAR. LET'S TALK ABOUT IT.

WHAT ARE THE POLICIES THAT YOU AS THE PLANNING AND ZONING AGENCY ARE TO REVIEW TO RECOMMEND APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS. POLICY 8.1.3.4 IN THE PACKET, ALL TO PROVIDE JUSTIFICATION FOR THE PROPOSED AMENDMENT AND NEED OF PROPOSED AMENDMENT TO NOT ADVERSELY IMPACT NATURAL RESOURCES. AND EVALUATING PROPOSED AMENDMENTS. THE COUNTY CONSIDER EACH OF THE FOLLOWING. ALL VERY GOOD POINTS AND SKIP TO C, TO THE EXTENT OF ADEQUATE INFRASTRUCTURE TO ACCOMMODATE PROPOSED INFRASTRUCTURE TO EXIST.

THE AMENDMENT, DOES NOT HAVE ADEQUATE INFRASTRUCTURE.

YOU HEARD IT, YOU HEARD FROM BOTH THE APPLICANT AND MR. BUCKLES THAT TOLD YOU, THAT YOU NEED A TRAFFIC LIGHT.

YOU HEARD FROM MR. BUCKHOLDZ, A PROFESSIONAL TRAFFIC ENGINEER IN THE COUNTY AND WORKING WITH FDOT THAT 10% CHANCE TO GET THIS.

SO THERE IS NOT ADEQUATE INFRASTRUCTURE.

THERE IS NOT--YOU DON'T HAVE THE RESOURCES HERE TO BE ABLE TO BUILD THE PROJECT THAT THESE FOLKS ARE SUGGESTING.

IT'S JUST NOT THERE. POLICY 8.134 SUBF, THE EXTENT TO WHICH THE AMENDMENT WILL RESULT IN SUSTAINABLE LAND USES THAT IS DETERMINED AND INTERRELATED AND THE USE OF LAND.

AGAIN YOU HAVE HEARD FROM THE NEIGHBORS, YOU HEARD FROM THE PEOPLE MOSTLY AFFECTED BY THIS. AND THEY HAVE SPOKEN TO THIS EXACT ISSUE. THEY TOLD YOU, THE PLANNING AGENCY, WHAT THE AFFECT IS GOING TO BE AND THE EFFECT IS GOING TO BE NEGATIVE. YOU HEARD FROM THE HOA PRESIDENT. YOU HEARD FROM THE RESIDENTS IN THE NEIGHBORHOOD, THEY HAVE COME OUT AND EXPLAINED WHAT THE IMPACT IS GOING TO BE. YOU HEARD ABOUT THE ENVIRONMENTAL IMPACT AND THAT WAS, AGAIN MY JOB IS A LITTLE DIFFICULT HERE BECAUSE THE FOLKS THAT CAME BEFORE ME DID A REALLY GOOD JOB. THEY CAME IN AND GAVE YOU A LOT OF REALLY PERTINENT INFORMATION AND NOW I HAVE TO COME BACK BEHIND THEM AND MAKE MYSELF LOOK INTELLIGENT, THEY CRUSHED IT AND SHOWED YOU WHAT THE ENVIRONMENT IMPACT AND THE CRIME STRATEGIES AND WHY NOT A COMPATIBLE USE. SUB-G...

MR. MCENERY JUST TOLD YOU IN GREAT DETAIL WHY THE ECONOMICS OF THIS PROJECT DOESN'T MAKE SENSE.

NOT COMPARE WHEN WHAT EXISTS. AND POLICY 8.1411, IT HAS TO BE, WHEN A COMPETREHENSIVE PLAN IS CONSIDERED TO CONSIDER THE COMPATIBILITY OF LAND USES. OVER AND OVER YOU HEARD TODAY THIS IS NOT COMPATIBLE. THE APPLICANT HAS TO COME TO YOU AND SHOW YOU WHY THIS MAKES SENSE.

THEY HAVE TO COME TO YOU AND SHOW YOU WHY THIS PIECE OF PROPERTY THEY HAVE OWNED FOR A DECADE, WHEN THEY PURCHASED HAD THIS LAND USE DESIGNATION. THEY HAVE TO COME TO YOU AND SHOW YOU WHY WE SHOULD CHANGE THIS POLICY.

[02:30:03]

AND THAT'S NOT COMPATIBILITY, THAT'S NOT A REASON TO CHANGE YOUR COMPREHENSIVE PLAN. THAT'S NOT A REASON TO ALLOW THEM TO AFFECT ALL OF THESE OTHER PEOPLE.

AND SO WE'LL ASK THAT YOU DO RECOMMEND DENIAL OF THE

APPLICATION. >> OKAY, THANK YOU VERY MUCH.

I DID WANT TO CLARIFY FOR THE AUDIENCE AND OTHERS IN THE ROOM THAT THE REASON YOU ARE GIVEN MORE TIME IS BECAUSE YOU ARE AN ATTORNEY REPRESENTING CLIENTS. AND LEX TAYLOR, OUR COUNTY ATTORNEY HAD APPROVED YOU GETTING MORE TIME.

YOU HAD ABOUT 10 MINUTES THERE OR MORE, IT WAS GOOD.

>> THANK YOU FOR THE CONSIDERATION, I REALLY APPRECIATE IT. THANK YOU ALL.

>> ALL RIGHT. >> JUST FOR CLARIFICATION IT'S THE CHAIR THAT DECIDES THOSE THINGS.

I SAID THAT THE CHAIR COULD GIVE HIM MORE TIME AND UP TO YOU.

IF YOU THINK IT'S REASONABLE. >> BUT YOU HAD USED A PHRASE IN E-MAIL THAT THEY WERE IN THE ACTION OR SOMETHING LIKE THAT.

OKAY. >> THEY'RE NOT A PARTY.

THEY POTENTIALLY COULD BE BUT NO ONE REQUESTED PARTY STATUS.

>> OKAY, THANK YOU FOR THAT CLARIFICATION.

ALL RIGHT, SO WE SAID WE WOULD LET THOSE SEVEN PEOPLE SPEAK BEFORE THE BOARD ASKED QUESTIONS.

WE HAVE DONE THAT. SO WE'RE GOING TO HOLD OFF ON OTHER PUBLIC COMMENT UNTIL THE BOARD HAS ASKED QUESTIONS.

I THINK WE'RE PRETTY WELL HAVE A LOT OF INFORMATION HERE.

BUT MR. OLSON. >> I MAY HAVE OTHER QUESTIONS BUT MY FIRST ONE IS TO CITY STAFF.

IF THE TRAFFIC STUDIES ARE SHOWING THIS PROJECT, THAT THIS PROJECT IS REALLY CANNOT FUNCTION PROPERLY WITHOUT A SIGNAL, TRAFFIC SIGNAL AT OTOE'S PLACE.

WOULD THE COUNTY WITHHOLD PERMITTING FOR THE DEVELOPMENT UNTIL THAT TRAFFIC SIGNAL WAS IN PLACE? OR DEFINITELY SCHEDULED FOR A DATE IN TIME?

>> DIRECTOR FOR GROWTH MANAGEMENT, TO ANSWER YOUR QUESTION, SHOULD A PROPERTY WARRANT A TRAFFIC SIGNAL AND A REQUIREMENT FOR THE COUNTY OR D.O.T., YES THERE IS A REQUIREMENT TO BE FUNDED AND ANY COO TO BE OBTAINED AND DOWN TO THE TIMING WHEN THAT SIGNAL IS INSTALLED AND AMONGST A NUMBER OF OTHER THINGS THAT STAFF CONSIDER.

YES THAT WOULD BE A REQUIREMENT ON THE CONSTRUCTION PLAN LEVEL.

AND FOR THE ACTUAL APPROVAL FOR CERTIFICATE OF OCCUPANCY.

>> OKAY, THANK YOU. AND FROM A PRACTICAL STANDPOINT, I'M NOT SURE IF THIS IS A QUESTION, MAYBE YOU WANT TO FIELD THIS. WHAT IS THE LENGTH OF TIME TO ACTUALLY GET A SIGNAL OPERATIONAL FROM AN INFORMAL DISCUSSION STAGE WITH FDOT ABOUT NEEDING ONE?

>> SO I CAN SAY FROM PRIOR SIGNALIZATION PROJECTS I HAVE SEEN COME THROUGH BOTH ON THE DEVELOPMENT SIDE AND THE COUNTY SIDE, YOUR ENGINEERING TIMELINE COULD BE UPWARDS OF 6-9 MONTHS TO GET ALL OF THAT DONE FOR THE SIGNAL DESIGN AND THEN HAS TO GO INTO PRODUCTION. WHICH IS LIKELY ANOTHER NINE MONTHS AND CONTEMPORANEOUS WITH THAT NINE MONTH IS SITE WORK AS WELL, LOOKING AT 18 MONTH AS SHORTEST TIMELINE FROM WHEN DETERMINED THAT IT NEEDS TO GO IN AND UP AND FUNCTIONING.

AND WOULDN'T FDOT NEED TO DO ITS OWN STUDIES ALSO OR RELY ON THIRD-PARTY STUDIES TO MAKE THAT DECISION?

>> AND SO IN EVERY INSTANCE THAT I HAVE BEEN INVOLVED IN THE REVIEW PROCESS THE APPLICANT IS PRODUCING THE STUDY, FDOT, PERMITTING AGENCY REVIEWING THAT INFORMATION AND GOING THROUGH THE WHOLE PROCESS. AS WAS ELUDED TO PREVIOUSLY, D.O.T. HAS PROCESS, I.C.E., AND GO THROUGH A NUMBER OF DIFFERENT SCENARIOS TO MANAGE THAT TRAFFIC, WHETHER LOOKING AT TRADITIONAL SIGNAL OR A NUMBER OTHER OPTIONS.

THAT IN AND OF ITSELF IS A PROCESS THAT HAS A NUMBER OF STEPS WITHIN IT BEFORE YOU CAN MOVE INTO THAT DESIGN PHASE.

>> OKAY. >> THE COUNTY IN THIS INSTANCE

[02:35:03]

COMMUNICATION WITH THE AGENCY. >> OKAY, THANKS, THANK YOU VERY

MUCH. >> THANK YOU, MS. SPIEGEL.

>> NOT SURE IF FOR YOU OR MR. SMITH, BUT ASK AND COME BACK IF YOU WANT. GIVEN THE CONVERSATION THAT YOU HAD WITH MR. OLSON REGARDING COP, CERTIFICATE OF OCCUPANCY.

HOW FAR INTO THE DEVELOPMENT PROCESS WOULD THIS APPLICATION IF APPROVED BE ABLE TO GO, WOULD THEY BE ABLE TO START THE CONSTRUCTION SIMULTANEOUSLY? WITH THIS APPROVAL PROCESS GOING ON, AND NOT BE ABLE TO OCCUPY UNTIL THE LIGHT IN PLACE OR IS

THAT MR. SMITH. >> AGAIN THAT GOES BACK TO STAFF IN TERMS OF REVIEW PROCESS. OFTEN STAFF UNDERSTANDS THAT THE SIGNALIZATION AND TIMELINE RUNS IN A DIFFERENT WAY THAN NECESSARILY THE CONSTRUCTION AND APPROVAL THROUGH THE COUNTY'S PROCESS. AND OFTENTIMES SO LONG THE FUNDING MECHANISM IS THERE TO ENSURE THAT IMPROVEMENT IS IN PLACE. AND LET A PROJECT GO WITH CONSTRUCTION PLANS TO CITE SITE WORKS AND UP TO OCCUPANCY WORKING IN PARALLEL WITH D.O.T. AS THE OTHER PERMITTING AGENCY TO MOVE FORWARD WITH WHAT INTERSECTION IMPROVEMENTS NECESSARY. THEY WOULD RUN SEPARATELY BUT HAVE A DEPENDENCY ON THEM AT THE END OF THE DAY WHEN IT COMES TO

OCCUPANCY. >> THOSE COULD BE SIMULTANEOUS

PROCESS. >> YES, MA'AM AND DEPENDING ON THE FUNDING BEING SECURED AND THE LEVEL OF COMFORT THAT D.O.T.

HAVE AS THE PERMITTING AGENCY TO ALLOW SOMEONE TO OPERATE WITH A SIGNAL FORTHCOMING OR IN PLACE. AND THAT KIND IS AT THEIR

DISCRETION SEEING THEIR ROAD. >> OKAY, LET ME ASK YOU ANOTHER QUESTION THEN. IF THIS APPROVE IS DENIED AND THE OWNER DECIDES TO GO AHEAD WITH THE COMMERCIAL.

IT SOUNDS LIKE THAT COMMERCIAL IS GOING TO TRIP SOME NUMBERS ANYWAY. SO HOW DOES THAT WORK?

>> IT WOULD BE THE EXACT SAME PROCESS.

>> OKAY AND THEY ARE REQUIRED TO PAY FOR THE LIGHT, EVEN THOUGH OFFERING TO PAY FOR IT, REQUIRED TO PAY FOR THE LIGHT.

>> THE LAND DEVELOPMENT CODE IS SPECIFIC, IF A SITE ACCESS IMPROVEMENT WARRANTED BY YOUR DEVELOPMENT, YOU ARE FUNDING THAT ACCESS IMPROVEMENT ARTICLE 6-4-07.

>> GOOD FOR YOU. HOW ABOUT THE CHANGING OF OTOE'S PLACE. I USED TO LIVE ON OTOE TRAIL BY THE WAY IN NEBRASKA, KIND OF COOL.

FUNDING OR THE ACTUAL CONSTRUCTION OF MAKING THAT A COLLECTOR ROAD IF THEY ARE REQUIRED BY TRIP GENERATION TO CHANGE THAT. THERE'S THAT MEDIAN THERE THAT GOES FURTHER BACK AND ALL OF THAT WOULD HAVE TO BE CHANGED IN ORDER TO GET THE PROPERTY WIDTH AND EASEMENT ON THE SIDE

RIGHT-OF-WAY. >> I WOULD SAY, ONE, THE RIGHT-OF-WAY THERE COULD ACCOMMODATE ANY FUNDAMENTAL CLASSIFICATION IMPROVEMENTS THAT ARE NECESSARY SHOULD THAT OCCUR.

AND THAT WOULD OCCUR AT THE STAFF LEVEL, STAFF WOULD CERTAINLY WANT TO TAKE INTO CONSIDERATION THAT TREE CANOPY AND SOME EXISTING INFRASTRUCTURE THERE AND INCLUDING THAT DIVIDED MEDIAN. STAFF DOESN'T WANT TO SEE THAT STRIPPED AWAY. MAYBE SURE WHATEVER IS THERE AND FUNCTIONS IN THE SPIRIT OF THE CODE.

IF THERE ARE WAYS TO WORK AROUND THE EXISTING WE WOULD LOOK TO DO THAT. TO BE THE LEAST DISRUPTIVE.

I'M SURE SOME PEOPLE TOOK LEWIS SPEEDWAY TO GET HERE TO THE BUILDING TODAY AND PROBABLY SAW THE MASSIVE CONSTRUCTION GOING ON WITH THE SINGLE LANE CLOSURE. AND DISRUPTIVE TO THE GENERAL PUBLIC AND DO OUR BEST TO AVOID THOSE SITUATIONS IF POSSIBLE.

>> YEAH, WE HAVE A GREAT COUNTY, THANK YOU FOR WHAT YOU DO.

THAT'S ALL. >> ANY OTHER QUESTIONS FROM BOARD MEMBERS? MS. PERKINS.

>> MR. GABRIEL, I HAVE A COUPLE OF QUESTIONS ON THE SITE PLAN.

RIGHT NOW YOU HAVE TWO ACCESS POINTS.

IS THERE A REASON WHY YOU CAN'T HAVE JUST ONE AND HAVE ACCESS IN AND OUT OF STATE ROAD 13 AND NOT MESS WITH OTOE'S PLACE.

>> I DEFER TO THE ENGINEERS ON THAT ONE.

DO WE HAVE ANY--AND I WANT TO BE CLEAR ABOUT SOMETHING, THERE ABSOLUTELY, I STATED THIS BEFORE, THERE IS NO--THERE WILL BE NO TANKERS AND NO TRUCKS AND THERE ISN'T FEASIBILITY TO HAVE

[02:40:08]

AND AS FAR AS COMMITTING TO STATE ROAD 13, THOMAS YOU WANT

TO SPEAK TO THAT? >> GOOD AFTERNOON AGAIN, TALKING ABOUT SIGNAL WARRANTS AND WHETHER THIS WOULD MEET SIGNAL WARRANTS OR NOT AND WHAT D.O.T. WOULD OR WOULDN'T ALLOW.

I DEFINITELY UNDERSTAND WHAT D.O.T. WOULD OR NOT ALLOW.

THEY ARE THE PEOPLE THAT TRAINED ME AND I WAS IN THEIR ACCESS MANAGEMENT GROUP, I DO UNDERSTAND WHAT THEY WOULD OR NOT APPROVE. THE TRUTH IS THAT VOLUMES SO

HIGH ON 13. >> LET ME STOP YOU THERE, MY QUESTION WASN'T ABOUT THE SIGNAL.

>> SORRY, WHAT WAS YOUR QUESTION.

>> MORE ABOUT THE ACCESS POINT, THE TWO ACCESS POINTS AND ACCESS POINTS OFF OF OTOE'S PLACE CAUSES CONCERN AND DISRUPTION FOR THAT NEIGHBORHOOD. WAS THERE ANY THOUGHT AND IS IT ALLOWED TO HAVE ACCESS ONLY OR MAYBE TWO ACCESS POINTS JUST OFF OF STATE ROAD 13 AND THEREFORE NO ACCESS POINT OFF OF OTOE'S ROAD AND HAVE THE RESIDENTS HAVE THEIR ROAD UNTOUCHED.

>> WE COULD GET THE ONE ACCESS, I DON'T KNOW ABOUT A SECOND.

WHENEVER WE WENT THROUGH FDOT PERMITTING WE TRIED TO GET ANOTHER ACCESS POINT BUT WOULDN'T ALLOW US.

IF YOU ONLY HAD THE ONE, YOU JUST WOULD BE PUSHING A TON OF U-TURNS AND NO ONE WANTS TO GO NORTH AT RACE TRACK, NOT IDEAL.

>> IT'S NOT IDEAL BUT IT'S POSSIBLE.

>> IT WOULD BE ENOUGH U-TURNS SUCH THAT D.O.T. WOULD CONSIDER

SOME SIGNALIZATION. >> YOU THINK IF YOU ONLY HAD ONE ACCESS POINT YOU STILL WOULD BE REQUIRED TO PUT IN A

SIGNALIZATION ON OTOE'S ROAD? >> WE WOULD HAVE TO DO SOME--D.O.T. WOULD ASK ME THOMAS WHY ARE YOU ONLY CONNECTING RIGHT THERE AND I HAVE TO COME BACK--

>> I GET IT BUT THEY ARE NOT HERE IN THIS HEARING.

I APPRECIATE IT. THAT'S MY ONLY QUESTION.

>> YEAH, THANKS FOR STOPPING ME, SO SORRY.

>> THAT'S OKAY. >> MR. LABANOWSKI.

>> JUST A COUPLE OF QUESTIONS. FOR THE AUDIENCE.

DO YOU HAVE RETENTION PONDS ON SITE RIGHT NOW, WHERE DO THOSE

RETENTION PONDS DRAIN INTO? >> PETER MAUDE, OUR HEAD

ENGINEER WILL SPEAK TO THAT. >> THE STORMWATER POND.

ALL ON-SITE IMPROVEMENT WOULD BE COLLECTED INTO THE STORMWATER SYSTEM INTO A STORMWATER POND. AND THE POND DISCHARGES INTO STORMWATER SYSTEM AND STATE ROAD 13.

AND IT'S LIMITED WITH CERTAIN VOLUME.

THAT'S WHY OUR PONDS ARE MUCH LARGER THAN A TYPICAL

DEVELOPMENT. >> SO BOTH PONDS WILL BE

DRAINING INTO 13? >> YES, SIR.

>> WHICH THEN GOES INTO THE RIVER?

>> I BELIEVE IT GOES TO ANOTHER STORMWATER POND.

THEIR SYSTEM IS CONNECTED TO. >> OKAY.

THE ONLY--I DID A LOT OF LOOKING ON THIS ENVIRONMENTALLY THEY ARE TALKING ABOUT THE CONTAMINATION OF THE GROUNDS THERE BY POSSIBILITY OF GAS LEAKING. THE QUESTION I GOT, I KNOW THEY IMPROVED THE HOLDING TANKS. DID A TREMENDOUS JOB ON THAT.

WHAT ABOUT THE LINES BETWEEN AND THE CONNECTIONS BETWEEN THE TANKS AND THE PUMPS? AS FAR AS I CAN RESEARCH, THAT HAS NOT BETTER THAN IMPROVED, AM I CORRECT?

>> I BELIEVE ALL OF THOSE ARE SEAL.

THEY ARE GOING TO BE SEALED ONE WAY OR THE OTHER.

AND I BELIEVE THERE IS A DETECTION SYSTEM AS WELL; RIGHT?

>> DETECTION ON THE TANK I KNOW. >> IT'S KIND OF A THREE-LAYERED PROTECTION. SO ON PREVENTION, FDP MANDATED DOUBLE WALL TANKS AND PIPING AND AUTOMATIC TANK GOUGING SENSITIVE TO AMOUNT PER HOUR AND LINE LEAK DETECTOR AND SPILL BUCKETS AND OVERFUEL SHUT OFF. FUEL IS NEVER IN CONTACT WITH THE SOIL AND DETECTION SYSTEM, 24/7 ELECTRIC MONITORING WITH AUTOMATIC SHUTDOWN AND OF COURSE THE TYPICAL STATE INSPECTIONS

[02:45:01]

>> THE BIGGEST CONCERN I HAVE, YOU DON'T GET RID OF THE GAS, MAYBE GET RID OF THE LIQUID BUT CONTAMINATION HAS BEEN STARTED.

ANYONE THAT FILLS THEIR TANK AND SPILL OVER IT GOES INTO THE GROUND, YEAH EVAPIATES AND THE CHEMICALS THERE.

AND YOU HAVE 44 HOMES ON WELLS AND ASKED ABOUT THE RETENTION POND WHERE DRAINING TO. AND THE WATER TABLE THERE IS SHALLOW, NOT VERY DEEP WATER TABLE.

MY CONCERN IS THE CONTAMINATION, POSSIBLE CONTAMINATION OF THE WELLS THAT THEY ARE LIVING OFF OF RIGHT NOW.

>> I MEAN ONCE AGAIN THE RUN-OFF WILL BE RETAINED AS TREATED TO TODAY'S ST. JOHNS WATER MANAGEMENT DISTRICT STANDARDS AND DISCHARGED INTO THE EXISTING COUNTY STORMWATER LINES.

AND WE'LL BE MEETING AND EXCEEDING ALL FEDERAL/STATE

REQUIREMENTS ON THAT. >> THANK YOU.

>> ANY OTHER QUESTIONS FROM THE BOARD AT THIS TIME? ALL RIGHT, I'M GONNA, LEX, OUR COUNTY ATTORNEY TOLD ME I HAVE BROAD DISCRETION. I WILL ALLOW ACTUALLY IF YOU WOULD LIKE NOW TO DO REBUTTAL BEFORE PUBLIC COMMENT.

THERE ARE PEOPLE SPEAKING OVER THE LAST HOUR AND A HALF AND WHILE EVERYTHING IS FRESH AND DO REBUTTAL NOW AND BRING UP EXPERTS OR WHATEVER. AND AFTER FURTHER PUBLIC COMMENT ALLOWED ANOTHER ONE. I AM TRYING TO BE VERY REASONABLE AND FAIR HERE TO THE APPLICANT AND YOU.

SO IF YOU WANT TO DO REBUTTAL NOW, PLEASE FEEL FREE.

>> SURE, I APPRECIATE THIS AND THANK YOU AND BE COGNIZANT OF YOUR TIME AND SENSITIVE, HEARING A LOT OF INFORMATION AND ASKED FOR MORE TIME TO MAKE CONNECTIONS ON THE COMMUNICATIONS. I APPRECIATE YOUR TIME.

TRY TO BE HIGH LEVEL HERE I DON'T WANT TO GET REPETITIVE INTO THIS. SOME THINGS BROUGHT UP AND HIT THE HIGH POINTS FROM MR. DUNLAP TO MR. DUVIA AND OTHERS.

AND TRAFFIC 5,000 TRIPS, AND THAT FIGURE IS GROSS DRIVEWAY COUNTS AND STAFF'S ONLY STAFF REPORT THAT YOU HAVE EXPLAINED WHY THAT IS MISLEADING. 66-76% GAS STATION TRAFFIC IS PASS BY. VEH VEHICLES ALREADY ON STATE HIGHWAY 31 AND NET TRIPS, 152 A.M. PEAK TRIPS AND 142 P.M. PEAK TRIPS LOWER IN EVERY PERIOD THAN APPROVED RETAIL OFFICE PLANS AND I CAN THROUGH THE NUMBERS AND WON'T BORE YOU WITH THAT.

AND THAT TRIP NUMBER EXCEEDS GROSS ITE FIGURES AND DON'T KNOW WHERE IT CAME FROM. AND BE AS IT MAY.

AND LEVEL OF SERVICE AND DR. BUCKHOLZ FAILS AS A TWO-WAY STOP. WHICH IS TODAY'S CONDITION.

AND DENIAL WOULD PRESERVE THAT. DR. BUCKHOLZ ANALYZED THE 2023 COUNTS GROWN TO 2027, WITH NO SIGNAL.

NEVER ANALYZED WITH THE SIGNAL. AND OUR STUDY DEMONSTRATES WITH THE WARRANTS THAT ARE MET, THAT A SIGNALIZED INTERSECTION OPERATES LOS-B. SO BOTH OF OUR ENGINEERS AGREE ON THE DIAGNOSIS AND ONE STUDY, OURS EVALUATES WHAT SOLVES THAT.

AND AGAIN ON THE COMMERCIAL TRAFFIC, CUT THROUGH, OTOE'S PLACE, THE SITE DESIGN DOES ANSWER THIS.

THE PRIMARY ACCESS IS RIGHT IN AND LEFT OUT ON STATE ROAD 13.

AND ALIGNED WITH THE DIRECTIONAL OPENING.

LET OTOE'S PLACE DRIVEWAY IS ABSOLUTELY SECONDARY.

AND OUR ENGINEERS OWN Q ANALYSIS IDENTIFIES THAT THE EXISTING LEFT-TURN LANES CAN ACOMIDATE PROJECTED CUES.

AND TANKER TRUCKS AND NO FUEL DELIVERIES ACCESS FROM OTOE'S PLACE, FROM STATE 13 ONLY AND PHYSICAL AND GEOMETRIC REALITY.

AND ON ENVIRONMENTAL SIDE, MR. DUVET BROUGHT POINTS UP AND TALKED ABOUT THE LEVEL AND RETENTION AND RESPONSIBILITY AND

[02:50:03]

THERE IS ALSO MODERN DISSPENCERS RELATED TO GUIDELINES AND ONCE AGAIN WE HAVE THE 35-FOOT ENHANCED DEVELOPMENT EDGE AND PRESERVED CANOPY. I HEARD, AGAIN WHAT HAS CHANGED.

IT'S A SEPARATE APPLICATION. YES, IT'S THE SAME PROPERTY OWNER, IT'S A VERY PATIENT PROPERTY OWNER THAT HAS OWNED IT FOR 10 YEARS. AND THE PROPERTY OWNER HAS PROPERTY RIGHTS TO DEVELOP IT, AND ABSOLUTELY WANT TO BE GOOD NEIGHBORS AND DO IN A WAY THAT IS COMPATIBLE.

WE SUBMIT THIS IS A HIGHLY COMPATIBLE AND SUBMIT IT'S WAY MORE COMPATIBLE COMMERCIAL DEVELOPMENT THAN WHAT CAN BE BUILT THERE TODAY. WE DON'T WANT TO BUILD WHAT WE CAN BUILD TODAY, WE WANT TO BUILD A GAS STATION WITH THE CONVENIENCE STORE AND CAR WASH, THAT IS WHAT WE WANT TO BUILD THERE. THAT'S WHAT THIS IS APPROPRIATE FOR NEIGHBORHOOD COMMERCIAL AMENITY.

THE REASON TO SEEK A LAND USE MAP CHANGE IS TO CONFORM WITH THE ZONING, YES AND USUALLY THE ZONING CONFORM TO THE LAND USE, THIS IS AN ESTABLISHED COMMERCIAL CORRIDOR AND HAS BEEN FOR A LONG TIME. WE ARE NOT INTRODUCING COMMERCIAL HERE, MERELY RECOGNIZING IT AND IN FACT LESSENING AND REDUCING WHAT SORT OF COMMERCIAL CAN DO INTO THIS SITE. WE SUBMIT THAT THIS MEETS ALL CRITERIA FOR THE FAIRLY DEBATABLE STANDARDS THAT A COMPREHENSIVE PLAN CHANGE WOULD REQUIRE.

IT'S BEEN THROUGH YOUR COMPREHENSIVE PROFESSIONAL STAFF REVIEW WITH MULTIPLE BACKS AND FORTHS ON THAT.

AND IT MEETS ALL THE CRITERIA AND ONCE AGAIN WE RESPECTFULLY REQUEST YOUR RECOMMENDATION OF APPROVAL FOR THIS GOOD NEIGHBORHOOD AMENITY AND WE ARE AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE. APPRECIATE IT.

>> ANY BOARD MEMBERS HAVE ANY ADDITIONAL QUESTIONS OF MR. GABRIEL AT THIS TIME? SEEING NONE.

WE'RE GOING TO TAKE GENERAL PUBLIC COMMENT.

SO IF YOU HAVE SOMETHING TO SAY, YOU HAVE NOT SPOKEN BEFORE.

AND YOU WOULD LIKE TO COME UP AND HAVE THREE MINUTES.

PLEASE COME FORWARD AND LET'S HEAR WHAT YOU HAVE TO SAY.

COME ON, LINE UP. IF YOU COULD.

>> I HAVE A LIST OF PEOPLE THAT HAD DONATED TIME TO THE DESIGNATED SPEAKERS AND I WILL BE WATCHING THAT AND CHECKING

THAT OFF. >> OKAY.

>> MA'AM, I KNOW THAT YOU SPOKE BRIEFLY BEFORE BECAUSE YOUR HUSBAND I BELIEVE MADE A PRESENTATION BUT YOU PREPARED IT I SAW ON YOUR POWERPOINT. BUT I CAN'T REMEMBER HOW LONG YOU SPOKE, NOT SURE THAT YOU ARE ELIGIBLE TO SPEAK AGAIN.

OH, YOU DID THE ONE-MINUTE. >> YEAH.

>> OKAY, THANK YOU. >> AM I OKAY?

>> YES, YOU ARE OKAY. >> OKAY, WANT TO MAKE SURE.

YOU MAKE ME NERVOUS UP THERE. OKAY, ALL RIGHT.

THANK YOU AGAIN FOR LETTING ME SPEAK.

MR. CHAIRMAN AND MEMBERS OF THE PLANNING AND ZONING AGENCY.

MY NAME IS KRISTIN DUVET AND MY HUSBAND AND I ARE PROUD RESIDENTS OF FRUIT COVE ESTATES, THANK YOU FOR THE OPPORTUNITY TO SPEAK AGAIN. WE ARE NOT HERE BECAUSE WE OPPOSE GROWTH. WE ARE NOT HERE BECAUSE WE OPPOSE COMMERCIAL DEVELOPMENT. IN FACT THE PROPERTY IS ALREADY APPROVED FOR COMMERCIAL DEVELOPMENT.

WHAT WE ARE ASKING IS SOMETHING MUCH SIMPLER, WE ARE ASKING THAT THE ST. JOHNS COUNTY COMPREHENSIVE PLAN MEAN WHAT IT SAYS. WHEN MY HUSBAND AND I CHOSE FRUIT COVE ESTATES AS OUR HOME WE TRUSTD THAT THE COUNTY'S COMPREHENSIVE PLAN WOULD GUIDE FUTURE GROWTH IN A WAY THAT BALANCED PRIVATE PROPERTY RIGHTS WITH A PROTECTION OF ESTABLISHED NEIGHBORHOODS. WE BELIEVE COMPATIBILITY WASN'T JUST A WORD AND POLICY, IT WAS A PROMISE THAT GROWTH WOULD BE PLANNED THOUGHTFULLY, RESPONSIBLY AND FAIRLY.

TODAY YOU ARE NOT DECIDING WHETHER DAILY'S IS A GOOD COMPANY OR WHETHER GAS STATIONS SERVE A PURPOSE.

THEY CERTAINLY DO. YOU ARE DECIDING WHETHER THIS IS THE RIGHT LOCATION FOR THIS INTENSITY OF DEVELOPMENT.

24/7. THE PROPERTY CAN ALREADY BE DEVELOPED WITH LOWER INTENSITY COMMERCIAL USES THAT EVERYONE HAS POINTED OUT THAT IS CONSISTENT WITH ITS CURRENT

[02:55:03]

THIS DECISION IS FAR BEYOND FRUIT COVE ESTATES.

IF THIS AMENDMENT IS APPROVED, IT MAY INFLUENCE HOW FUTURE REQUESTS FOR HIGH COMMERCIAL DEVELOPMENT ADJACENT TO ESTABLISHED NEIGHBORHOODS ARE EVALUATED THROUGHOUT ST. JOHNS COUNTY. THIS IS WHY I BELIEVE THIS IS NOT SIMPLY A NEIGHBORHOOD ISSUE. IT IS A COUNTY WIDE PLANNING ISSUE. AS RESIDENTS WE ARE SIMPLY ASKING THAT THE COMPREHENSIVE PLAN BE APPLIED CONSISTENTLY.

WE ASK THAT COMPATIBILITY REMAIN MEANINGFUL.

AND THAT ESTABLISHED NEIGHBORHOODS CONTINUE TO BE PROTECTED AND AMENDMENTS TO THE COMPREHENSIVE PLAN BE SUPPORTED BY A CLEAR, PUBLIC PLANNING PURPOSE.

FOR THOSE REASONS, I RESPECTFULLY ASK THAT YOU RECOMMEND DENIAL OF CPA(SS) 2025-13.

THANK YOU. >> THANK YOU, YOU CAN FINISH YOUR SENTENCE-- CPA(SS) 2025-13.

>> OKAY. >> THANK YOU VERY MUCH.

>> THANK YOU. >> NEXT PLEASE, NAME AND ADDRESS FOR THE RECORD PLEASE AND YOU HAVE THREE MINUTES.

>> HELLO, I AM ABBEY TETRICK, 724 NATURE HAMMOCK WEST.

I LIVE NEAR THIS SITE AND THIS NEIGHBORHOOD SAYS IT ALL HAMMOCK. AND THE EAGLES RETURN TO NEST, RAISE THEIR YOUNG. THE WILD TURKEYS STRUT IN THEIR BACKYARD AND YESTERDAY AN EAGLE ON MY DOCK AND A BEAR.

THIS IS FRUIT COVE AND IS A GEO-MARKER FROM 1923 AND FRUIT COVE ORCHARDS AND A 1900 SHIPPING DOCK THAT SHIPPED CITRUS NATIONWIDE. WE ARE CHARGED WITH MAINTAINING ITS NATURE AND CHARGE. I AM ONE OF THE FOUNDING MEMBER OF FRUIT COVE, AT RISK FOR FUTURE DEVELOPMENT, APARTMENTS.

THEY WERE NOT COMPATIBLE, WE MAINTAIN A STRONG GROWING RESIDENCE OF 1500 RESIDENTS ABOUT PROTECTING THE AREA.

I FEEL THAT DAILY'S DOESN'T FIT. THE STD OF COMMERCIAL DEVELOPMENT IN OUR AREA WITH THE ABILITY TO NEGATIVELY IMPACT US ALL WITH SERIOUS CONSEQUENCES AND NEGATIVE IMPACTS THAT WE WILL PAY DEARLY FOR. I UNDERSTAND THE STRATEGY OF POWER AND GREED AND WHO OWNS WHO A FAVOR.

AND LOOPHOLES THAT TEETER ON THE EDGE OF LAW, AND MAGIC TRICK ELUSION OF TRUTH. CORPORATIONS HIRE TO BEND THE TRUTH PUSHING BOUNDARIES FOR A WIN, THAT DOESN'T LEND THEIR LEGENDARY AS TRUTH. AI BOTS ARE USE FOR FACTS, ARE AWARE THAT YOU MUST DIRECT CHATGPT NOT TO LIE WHEN INQ INQUIRING TO CREATED TO FACTS REQUESTED.

ULTIMATELY YOUR DECISIONS ARE SIMPLE ABOUT LOGIC, TRUTH AND FACT. NOT SMOKE AND MIRRORS WITH PROMISES THAT CANNOT BE MAINTAINED.

IT'S YOUR RESPONSIBILITY TO REVIEW THE HISTORY OF LAST TWO REQUESTS VOTED DOWN. ASK YOURSELF WHAT CHANGED, WHAT CHANGED FROM THE LAST TWO TO THIS REQUEST.

THE COUNTY DECISION MAKERS HAVE BECOME MORE VIGILANT IN PRESERVING FRUIT COVE, AND THE COUNTY AS A WHOLE.

PLATFORMS TO BE SLOW IN GROWTH. IT'S BLACK AND WHITE, PERHAPS THIS IS A MERE ATTEMPT TO REARRANGE THE DECK CHAIRS ON THE TITANIC. THANK YOU FOR YOUR CONSIDERATION

AND TIME. >> THANK YOU, NEXT PLEASE.

NAME AND ADDRESS FOR THE RECORD, YOU GOT THREE MINUTES.

>> NEAL WHITE, 1620 RAIN COVE DRIVE.

THANK YOU FOR YOUR SERVICE, I AM RETIRED BATTALION CHIEF AND SPENT WHOLE LIFE IN ST. JOHNS COUNTY, AND A REASON THEY LIVE IN ST. JOHNS COUNTY, DUVAL, I DIDN'T WANT TO LIVE THERE.

AND ENCROACHED BY JACKSONVILLE, THE WHOLE STATE HAS TURNED INTO

[03:00:04]

DOESN'T MATTER IF YOU CAN'T BREATHE, IF MINUTES OR SECONDS, IF MINUTES YOU DON'T NEED THE FIRE DEPARTMENT AND CALL THE CORONER'S OFFICE. AND LOOK AT ST. JOHNS COUNTY AND 24/7 AND GO AT 2 OR 3 O'CLOCK IN THE MORNING AS I WAS A FIREFIGHTER AND LOOK AT WHAT IS HANGING OUT.

AND WE HAVE FROM DUVAL AND ST. JOHNS COUNTY WITH PANHANDLERS AND BEGGING FOR MONEY, I DON'T APPRECIATE.

AND MY TAX DOLLARS SHOULD BE BETTER SPENT THAN PEOPLE BEGGING FOR MONEY. AND JA RUNS A SEWER TREATMENT PLACE AND HALF THE TIME SMELL TERRIBLE AND COMPLAINED AND A WHOLE ANOTHER STORY AND COMMISSION, I DON'T KNOW HOW THIS AFFECTS THIS. IT'S DIRTY AND SEE HOW THAT COMES OUT. WE HAVE HOMELESS OUT THERE, WHICH IS A PROBLEM. THE 24/7 IS A HANG OUT FOR SCUM BAGS AND DIRTBAGS THAT COME FROM WHERE WERE AND PREY ON PEOPLE IN THE NEIGHBORHOODS. ASK YOU THIS, HOW WOULD YOU LIKE TO LIVE YOUR HOUSE BESIDE SOMETHING LIKE THIS? I WOULD NOT, GETTING TOO CROWDED AS IT IS.

LET ME SEE IF I GOT SOMETHING ELSE.

THE TRAFFIC LIKE I SAID IS TERRIBLE OUT THERE CERTAIN TIMES AND WHAT HAVE YOU. AND RESPONSE TIME FOR FIRE AND POLICE IS DELAYED AND GOING TO BE GETTING WORSE.

I GUESS--I APPRECIATE WHAT YOU ARE DOING AND CONSIDER ALL OF THESE THINGS AND WHAT I SAY, DO YOU WANTED TO LIVE BY? YOU HAVE TO DO --HAVE TO ASK YOURSELF THAT QUESTION AND DIRTBAGS AND HANGING AROUND AND YOUR HOUSE THERE AND LEFT THE STORE DRINKING THEIR COLT 45. I RATHER NOT HAVE IT LIKE THAT,

THANK YOU. >> THANK YOU, NEXT PLEASE.

AND I KNOW THAT YOU SPOKE FOR THE ONE-MINUTE TIME PERIOD.

>> YOU ARE CLEAR TO GO FOR THREE MINUTES.

>> THANK YOU. SHARON HARTSWELL, 1417 FRUIT COVE ROAD AND I HAD TO RESPOND TO YOUR QUESTION ABOUT THE ACCESSES. I DON'T WANT TO CALL MYSELF AS AN EXPERT, BUT I HAVE EXPERIENCE SPENT EIGHT YEARS ON THE SCHOOL BOARD OF THIS COUNTY AND AFTER I LEFT THE SCHOOL BOARD SPENT 20 YEARS CONSULTING SCHOOL BOARDS AROUND THE STATE, TRAINING THEM.

I HAVE HAD EXPERIENCE WHAT CHILDREN AND BUSES HAVE TO DO.

AND I APPRECIATED YOUR COMMENTS. MY OPINION, AND THIS IS TOTAL OPINION, HAS NOTHING TO DO WITH EXPERTISE, THERE SHOULD NOT BE AN ACCESS OFF OF OTOE'S ROAD. DOESN'T NEED TO BE THERE.

SOME OTHER ACTION CAN HAPPEN. THOSE CHILDREN HAVE NO CHOICE BUT TO WALK DOWN THAT ROAD TO 13, TO PICK UP THEIR BUS.

NO CHOICE AT ALL. STATE LAW SAYS SO.

SCHOOL BOARD CANNOT COLLECT MONEY TO PAY FOR THOSE BUSES AS LONG AS THEY DON'T HAVE--IF THEY HAVE TO TURN AROUND OR BACK UP, THEY CANNOT PUT A BUS IN A ROAD. WE HAVE THAT ALL OVER THE COUNTY WHERE WE HAVE SHORT ROADS, BAD ROADS, WHATEVER.

WHERE THEY CAN'T DO THAT. KIDS HAVE TO WALK TO THE END, THAT'S NOT THE ONLY BUS STOP ON STATE ROAD 13.

BECAUSE OF THE DEVELOPMENT COMING FROM HOUSES NEARBY THAT THE BUS CAN'T GO THERE. THAT'S NOT GOING TO CHANGE.

THAT'S REGULATIONS THEY HAVE TO LIVE WITH.

THOSE CHILDREN HAVE TO WALK DOWN THERE OR BE DRIVEN DOWN THERE WITH THEIR PARENTS WAITING IN THEIR CAR UNTIL THE BUS GETS THERE. THAT HAPPENS EVERY DAY.

NO CHOICE. I LIVE 300 FEET FROM THE TRAFFIC LIGHT AT STATE ROAD 13 AND FRUIT COVE ROAD.

ON BOTH SIDES OF THE DEVELOPMENT, THE COMMERCIAL DEVELOPMENT OF FRUIT COVE ROAD ARE SECONDARY ACCESS ROADS TO WALGREENS AND THE PUBLIX. IM HERE TO TELL YA, THERE IS NEVER A TIME I'M NOT IN THE TURN LANE TURNING INTO MY HOUSE THAT

[03:05:03]

AS OPPOSED TO GOING OFF OF 13. IT'S HARD TO GET OFF OF 13.

THEY CHOOSE TO GO OFF WHERE THERE IS A TRAFFIC LIGHT AND CAN GO IN FROM THE SIDE. THAT IS WHAT WILL HAPPEN, WHETHER TRAFFIC LIGHT OR NOT THE ACCESS EASIER TO TURN RIGHT OR LEFT OFF OF OTOE'S ROAD TO GET TO THE STORES AND GAS STATIONS THERE. THAT'S A TRAFFIC HAZARD.

CHILDREN ARE WALKING THERE EVERY DAY.

IT'S DANGEROUS. IT'S NOT [INAUDIBLE] AT PUBLIC HEARING AT THE SCHOOL I SAID THE CHILDREN'S SAFETY IS NOT NEGOTIABLE. AND I'M HERE TO TELL YOU I WILL STAND ON THIS PULPIT IF I CAN, TO TELL YOU IT'S NOT NEGOTIABLE.

THANK YOU. >> THANK YOU, NEXT PLEASE.

AND I KNOW YOU SPOKE DURING THE ONE-MINUTE TIME PERIOD.

>> YES I DID. NAME AND ADDRESS AGAIN.

>> IS THIS--GOOD, THANK YOU. GOOD AFTERNOON, NAME IS BARRY FAIRFIELD, WE LIVE AT 4046 OTOE'S PLACE.

15 YEARS AGO OUR REALTOR TURNED ON OTOE'S PLACE AND IF THE HOUSES LIKE LOOK THE ENTRY WAY, WE FOUND OUR FOREVER HOME.

MUCH TO OUR DELIGHT AND PULLED INTO THE SUBDIVISION AND FOUND FOUR DOZEN BEAUTIFUL CUSTOM-BUILT HOMES SITUATED ON WELL MANAGED ACRES AND I KNEW BEFORE A BID ON THE HOUSE WE NEEDED TO DO DUE DILIGENCE. WE LOOKED AT THE CONTROLLING DOCUMENTS TO BE SURE THAT WE HAD NO ISSUES WITH THEM.

AND MOST IMPORTANTLY WE LOOKED AT THE BIG HUNK OF LAND AT THE MOUTH OF NEIGHBORHOOD TO SEE WHAT IS PLANNED.

ONCE WE SAW WHAT THE ZONING WAS, AD LOOKED IT UP, YEAH, WE CAN LIVE WITH THAT, THAT MIGHT BE KIND OF NICE.

SO WE BOUGHT OUR FOREVER HOME AND THIS YEAR WE ENCOUNTERED FOR THE THIRD TIME SOMEBODY WANTS TO PUT A GAS STATION ON THAT PIECE OF PROPERTY. I CONTACTED A WELL RESPECTED LOCAL REALTOR THAT EXPERIENCED NOT ONLY EXPERIENCED IN NEIGHBORHOOD BUT SUBDIVISION. AND PROVIDED THE SALES FOR SIX MONTHS AND I HAVE THAT HERE, NOT SURE IF YOU CAN READ IT BUT SUMMARIZES THIS DATA. THE AVERAGE HOME IN NORTHWEST SECTION OF ST. JOHNS COUNTY SOLD FOR 550,000 AND LAST HOMES IN FRUIT COVE ESTATES 66,000 ABOVE AVERAGE.

THE AVERAGE HOME IN NORTHWEST ST. JOHNS COUNTY SOLD FOR $234 A SQUARE FOOT, OUR HOME SOLD FOR $242 A SQUARE FOOT.

NOW ESTABLISHED WHAT OUR VALUES ARE AND TAKE A LOOK WHAT HAPPENED IN FRUIT COVE ESTATES WITH THE LAST SALES THAT HAPPENED IN THE LAST MONTHS WHEN MARKETS WERE UP.

SELL ONE IS A PROPERTY THAT HAD ZILLOW MARKET VALUE OF $605,000, SOLD FOR 460,000. $182 PER SQUARE FOOT, 50 LESS THAN FRUIT COVE ESTATE SUBDIVISION.

$126,000 UNDER ESTIMATED MARKET VALUE.

THAT HOUSE IMMEDIATELY ABUTS THE GAS STATION PROPOSAL.

SELL 2 IS A HOME TWO OR THREE HOUSES AWAY FROM GAS STATION AND ZILLOW VALUE OF 609,000. AND SOLD FOR 475,000, $46 PER SQUARE FOOT UNDER AND LAST SALES IN FRUIT COVE SUBDIVISION IS QUARTER OF A MILLION DOLLARS UNDER MARKET VALUE.

>> THANK YOU, WE HAVE TO END YOUR PRESENTATION.

>> THE ONLY THING THAT CHANGED IS THE GAS STATION.

>> THANK YOU. APPRECIATE IT.

NAME AND ADDRESS FOR THE RECORD PLEASE.

>> HI, JEANA PARTNER, I LIVE AT 405 SHARON COURT.

PONDER THIS, DOES RECOMMENDING THIS REQUEST SERVE A PURPOSE TO

[03:10:02]

AND HEADING DOWN STATE ROAD 13 THREE CHURCHES, AND LESS THAN THREE MILES AND MANY HAVE SCHOOLS AND CAMPS AND IN ADDITION TO WEEKLY SERVICES WITH TRAFFIC OFFICERS TO MANAGE THE FLOW. THE CLOSEST CHURCH, FRUIT COVE BAPTIST CHURCH HAS 4,000 MEMBERS AND HAVE ISSUES ON STATE ROAD 13 WHEN WE HAVE SERVICES AND ACTIVITIES.

AND LESS THAN A MILE AWAY ON RACE TRACK ROAD AND STATE ROAD 13 THERE IS ALWAYS A LARGE BOATING POPULATION GATHERING AT ANOTHER GAS STATION. CAN YOU IMAGINE THE OVERCROWDING TO BRING THEIR BOATS AND TRUCKS TO THIS? I SEE A REASON A LAND USE APPLICATION WAS SUBMITTED.

BECAUSE IT'S NOT THE SAME, THIS DOES NOT MIRROR OUR LOCAL COMMUNITY. FRUIT COVE ESTATES IS NOT THE NEXT FRUIT COVE BUC-EE'S. THAT'S FRIGHTENING.

THEY OFFER FUEL, CAR WASH, ALCOHOL, VAPES, LOTTO TICKETS AND MILK SHAKES AND A CAFE WITH MADE-TO-ORDER ITEMS. AND THE ITEMS IS A FAST IN AND OUT MODEL WITH CUSTOMERS IN A HURRY. THEIR GOAL IS TO SERVE THOSE UNDER ONE CIRCUS TENT. IN THE FRENZY THIS IS A STRESS LOCATION AND THE MOST IMPORTANT RISK IS OUR CHILDREN GETTING IN AND OFF THE SCHOOL BUS. AND OTOE'S PLACE IS THE ENTRANCE FOR FRUIT COVE ESTATES. AND THE ONLY STOP AND THIS IS DOCUMENTED WITH ACCIDENTS AND TOTALITIES.

AND THE ACCESS TO OTOE'S PLACE TO DIRECT SMALLER VENDORS LIKE BEER AND BEVERAGE SALES AND NOT THE FUEL TANKERS AND I APPRECIATE THE RECOGNITION THAT IS NEEDED FOR THE OVERFLOW.

HOW IN THE WORLD CAN YOU ENFORCE, YOU KNOW, PEOPLE NOT USING OR BLOCKING UP THIS. THERE IS A HUGE IMPACT ON SUCH A SMALL, CHARMING, FAMILY ORIENTED COMMUNITY THAT IS PROTECTED HISTORICALLY AND FINDS ITSELF MAINTAINING OLD FLORIDA CHARM.

HOW IS A 24-HOUR VOLUME COMMERCIAL TANKER--THANK YOU.

>> THANK YOU, APPRECIATE YOU WRAPPING THAT UP.

NAME AND ADDRESS FOR THE RECORD. >> ANDREW BRIDGEMAN, I LIVE AT 1233 OAK WOOD LANE FOR PAST 30 YEARS.

IN 1988 FEDERAL LAW REQUIRE THAT ALL FUEL TANKS AND LINES FOR GAS STATIONS DOUBLE WALLED. AND TRAVEL UP 13 AND HOW MANY CLOSED AND A TRAILER ATTACHED TO THAT BUILDING OFF THE SIDE.

THAT TRAILER IS DESIGNED TO SUCK OUT THE CARBONS AND THE EMISSIONS THAT HAVE LEACHED INTO THE GROUND OVER THE YEARS AND A LOT OF GAS STATIONS WEREN'T BUILT IN '88, BUILT AFTER '88.

THE IMPACT THAT OCCURRED DUE TO THIS GAS STATION, WE'RE HUMAN, WE'RE GOING TO--THE SIGN SAYS DO NOT LEAVE GAS PUMP UNATTENDED.

AND LOOK HOW MANY TIMES YOU SEE THE FUEL ON THE GROUND.

AND TRUCK DRIVERS ARE ON HUMAN, AND ON TO THE DAILY'S ON MARLEN ROAD. AND FUEL TRUCKS TO GO OUT THE FRONT AND NUMEROUS TIMES OUT THE LIBRARY, AND LOOK AT THE CURBS CRUSHED FROM THE TRUCKS GOING OVER AND COME OUT MARVIN ROAD AND SMALL TWO-LANE ROAD AND EXIT THERE AND TURN ON SAN JOSE BOULEVARD. ROBERT'S ROAD AND SPEEDWAY GAS STATION, IMPACT. COME FROM THE NORTH AND SOUTH AS THEY LEAVE AND ENTER THE GAS STATION.

THIS GAS STATION I DON'T SEE HOW THEY CAN REGULATE THESE TRUCKS ONLY COMING IN ON STATE ROAD 13, I IMPLORE YOU TO DENY THE ZONING, THANK YOU FOR YOUR TIME AND VOLUNTEERING.

>> THANK YOU, NEXT PLEASE. NOT GOING TO SAY NAME AND

ADDRESS--THREE MINUTES. >> HOLLY, I LIVE AT 1462 OTOE'S

[03:15:06]

AND NOISE AND LIGHTING CONCERNS BECAUSE 24/7 SITUATION AND NO WAY THAT LOW LIGHTS IN A BUSINESS CLOSED AFTER 8 P.M.

AND WHAT ABOUT THE WILD CARS THAT PEEL IN AND OUT AT 1 A.M.

SURE THE NOISE IS ENFORCEMENTABLE BUT NOT SOMEONE ENFORCING IT. AND FUEL SYSTEMS ARE SAFE BUT WHAT BE USER LEAKS AND IS THAT CONTAINED.

AND WHEN IT STORMS IN THE NEIGHBORHOOD, INTO THE NEIGHBORHOOD POND AND OUT TO ST. JOHNS EVENTUALLY AND NOT NORTH ACROSS THE STREET. AND WHAT ABOUT VAPORS AND BREATHING IN FUMES WHILE WE WALK, AND BIKE AND WAIT FOR THE BUS. HOW MANY APPROVED EXISTING GAS STATIONS ON WELL WATER. AND RECOMMENDATION IS 1,000 TO 1500 FEET, BUT THE REQUIREMENT FOR DAILY'S TO DESIGN TO IS MUCH LESS. THERE IS AN INTERESTING JOHNS HOPKINS STUDY THAT SHOWS THAT WE SHOULD PAY ATTENTION TO THE SMALL SPILLS, AND EVEN IF YOU DON'T SEE A DROP FALL TO THE GROUND, DOESN'T MEAN THAT A SPILL DOESN'T OCCUR.

I FELL IN LOVE WITH THE NEIGHBORHOOD WHEN OBSERVE THE LIVE OAK CANOPY ON OTOE'S PLACE AND BOUGHT A HOME BECAUSE OF THE COMMUNITY AND SUPERB SCHOOLS. MY YOUNGEST IS TURNING SIX TOMORROW AND STARTED ELEMENTARY SCHOOL LAST YEAR AND PLAN TO STAY FOR YEARS. BUT IF A GAS STATION IS BUILT HERE I DON'T TRUST THAT OUR WELL WATER IS SAFE.

I AM CONCERNED AT OTOE'S IN CAR OR BIKE AND OUR KIDS LIKE TO BIKE TO SCHOOL OR WAITING AT BUS STOP.

IN SUMMARY I URGE YOU TO HOLD THE ZONING PLAN AS YOU HAVE BEFORE. GAS STATION NOT MOST ECONOMIC USE OF THIS LAND, REDUCES THE HEALTH OF OUR WONDERFUL NEIGHBORHOOD AND THE PUSHING OF THIS PROJECT COULD BE INCOME AND EMPLOYMENT IF A DIFFERENT COMMERCIAL PROJECT HAD BEEN BUILT. THANK YOU.

>> THANK YOU. >> HI, KIM WILLIAMS, 1471 FRUIT COVE ROAD, I HAVE LIVED THERE 57 YEARS, BEEN THERE SINCE BORN.

I HAVE WATCHED THE NEIGHBORHOOD DESTROYED BECAUSE OF OVER GROWTH. THIS AREA ALONE WHETHER HE TALKED ABOUT HOW IT IS COMMERCIALIZED.

THE DIFFERENCE BETWEEN THE PUBLIX AND THE SHOPPING CENTER PRIOR TO AND SHOPPING CENTERS AFTER ON THE WEST SIDE OF THE ROAD. THERE ARE FAMILIES AND SUBDIVISIONS THAT WERE THERE. THAT USED TO BE A PLANT NURSERY AND A HORSE PASTURE WHERE THE PUBLIX WAS.

NO FAMILIES AND NO SUBDIVISIONS. SOUTH OF THERE SUBDIVISIONS.

AND FRUIT COVE ROAD IS DEVELOPED FROM THE INSIDE-OUT WITH DIFFERENT NEIGHBORHOOD. HAS NEVER BEEN A BIG COMMERCIAL AREA, IT'S A SINGLE FAMILY RESIDENTIAL AREA.

WE LOVE OUR LITTLE COMMUNITY UP THERE THAT WE WANT TO PRESERVE.

IT'S FINE FOR A LITTLE SHOPPING CENTER, BECAUSE IT'S NOT GOING TO CHANGE THE DIFFERENCE. WHEN HE TALKS ABOUT THE 35-FOOT BUFFER, WE'RE 200 FEET FROM THE CORNER OF BRODIES.

AND I CAN TELL YOU THERE ARE 35 FOOT BUFFER DOES NOT MUFFLE THE NOISE. DOES NOT KEEP THE SOUND OUT.

DOES NOT BUFFER THE LIGHTS FROM THAT WHOLE AREA.

I SEE IT EVERY NIGHT. THE ONLY GOOD THING I CAN WALK ON THE BACKSIDE OF MY BARN AND AT LEAST GET SOME PROTECTION FROM IT. THE 35, AND ONE THING THAT WE FOUND OUT THAT A 35-FOOT BUFFER NEEDS TO BE AN UNDISTURBED BUFFER. AND A 35-FOOT BUFFER BACK TO THESE PEOPLE'S NEIGHBORHOODS IS NOT GOING TO CHANGE THE NOISE, THE LIGHTING, THE SMELL OF GASOLINE.

ANYTHING ELSE. IT NEEDS TO NOT BE CHANGED BECAUSE THESE PEOPLE AND EVERYBODY IN OUR NEIGHBORHOODS

[03:20:03]

WALKING DOWN THE ROAD AND NOT HAVE TO WORRY ABOUT PEOPLE PEELING IN AND OUT OF A GAS STATION THAT WE DON'T NEED.

THERE ARE SEVEN OTHER GAS STATIONS LESS THAN THREE MILES AWAY FROM THAT AREA. WE DON'T NEED IT.

KEEP IT AS A STRIP WHERE OFFICE BUILDINGS AND WE HAVE THAT AND JUSTED TO IT. WE DON'T NEED ANOTHER GAS STATION. THANK YOU FOR YOUR TIME.

>> THANK YOU, NEXT PLEASE. >> I AM DAVID KISS MER, 1446 TAMRA-PLACE IN FRUIT COVE. I WANT TO THANK YOU AND BEEN AROUND WITH DIVISIONS THAT I KNOW AND HOW HARD YOUR JOB IS.

AND YOU ARE TRYING TO BALANCE THE NEEDS OF OUR COMMUNITY, COUNTY AND GROWTH. AND WE GET THAT, AS YOU HEARD FROM THE PEOPLE WE ARE NOT OPPOSED TO DEVELOPMENT.

WE FEEL THIS IS A BAD DEVELOPMENT.

I KNOW YOU GUYS HAVE DONE THIS FOR A LONG TIME.

WHEN YOU SEE THIS COMMUNITY RESPONSE AND YOU SEE HOW CAREFULLY PREPARED THEIR ARGUMENTS.

HOW THEY HAVE COME IN REASONABLY AND WITH FACT AND NOT JUST EMOTION. I HOPE YOU RECOGNIZE HOW IMPORTANT TO THIS COMMUNITY. I AM THE NEW GUY, MY WIFE AND I BOUGHT IN 2024. ONLY THERE FOR TWO YEARS.

WHILE NEW TO ST. JOHNS COUNTY NOT NEW TO THE AREA.

MY SISTER-IN-LAW WAS A TEACHER AT FRUIT COVE ELEMENTARY SCHOOL AND MY SON WENT TO UFF, WE MADE A DECISION TO MOVE HERE AND SOUTH OF THE CREEK TO MOVE TO ST. JOHNS, BECAUSE ST. JOHNS IS A SPECIAL PLACE AND YOU KNOW THAT.

WHAT MAKES IT SPECIAL HOW WELL YOU HAVE MANAGED AND CARED FOR THE UNIQUE PROPERTY,THE UNIQUE CULTURE THAT EXISTS HERE.

AND THAT'S WHAT WE ARE ASKING YOU TO SAVE.

WE ARE LOOKING AT THIS AND SEEING AS A DISASTER.

BECAUSE IT HAPPENED AGAIN AND AGAIN.

I ALSO HAVE A BACKGROUND IN REAL ESTATE AS MY NEIGHBOR SAID, DID MY DUE DILIGENCE. AND HEARD THIS PROPOSAL CAME UP TWICE AND UNANIMOUSLY TURNED DOWN BY COMMISSION TWICE.

I AM THINKING THAT ONE IS DONE, BEHIND US.

AND NOW HERE IT IS AGAIN. THEY SAY IT'S CHANGED.

I LOOK AT THE CHANGES AND WHAT I SEE, THEY ARE TRYING TO ACCOMMODATE. TRYING TO MAKE ADJUSTMENTS TO APPEASE. BUT THAT'S NOT ACTUAL CHANGE.

THAT'S AN EMERGENCY PLAN. WE LIVE IN AN AREA WHERE HURRICANES HAPPEN AND YOU WOULD BE FOOLISH NOT TO HAVE AN EMERGENCY PLAN WHEN A HURRICANE IS COMING.

AND ASKED AS HOA WHAT IS MINIMUMS TO HAVE IF GOES FORWARD. WE DON'T WANT TO LIVE UNDER AN EMERGENCY PLAN, WE WANT TO CONTINUE LIFE AS WELL AS WE CAN.

WE BELIEVE YOU HAVE AN OPPORTUNITY TO USE THE ANALOGY TO STOP THIS HURRICANE. IT DOESN'T HAVE TO COME AND DAMAGE OUR HOMES. YOU CAN SAY ENOUGH IS ENOUGH.

IT'S BEEN DENIED AND WE ARE ASKING YOU ONE MORE TIME PLEASE HEAR YOUR RESIDENTS. HEAR YOUR CONSTITUENTS AND HEAR THE NEIGHBORS AND UNDERSTAND THIS IS NOT GOOD.

FOR US OR ST. JOHNS AND ENCOURAGE YOU PLEASE TURN DOWN

THIS REQUEST. >> THANK YOU VERY MUCH.

NEXT PLEASE. >> IS IT GOOD EVENING YET--CLOSE, MARK SMITH. LOOKING AT THE DATA THAT WE DISCUSSED AND ADDRESS ISSUES ON TRAFFIC AS DEPUTY IN THE COUNTY FOR A COUPLE OF DECADES. FAMILIAR WITH THE AREA AND ACCIDENT PATTERNS AND BUS STOPS AND CONCERNS OF CONVENIENCE STORE GAS STATIONS AND 24/7 OPERATIONS.

DATA REAL QUICK, 2015 WE HAD 254 COUNTY CRASHES.

IF 2025, UP TO 5573 TRAFFIC CRASHES.

FROM THIS STRETCH OF ROAD FROM RACE TRACK ROAD SOUTH WHERE PUBLIX IS TO DAVIS POND ROAD, IN THE PAST THREE YEARS THREE TRAFFIC HOMICIDE INVESTIGATIONS, FATALITYS IN THAT SMALL STRETCH OF ROAD. IF YOU LOOK WHERE THE PROJECT IS PROPOSED AND ON THE NORTH IS FED BY EGRESS ROADS.

[03:25:03]

AND NORTHWEST QUADRANT IS BLUE SINCE 2021.

WHEN YOU LOOK AT THE STATISTICS OF SERIOUS ACCIDENTS AND FATALITIES. 52% TO 69% OF ACCIDENTS OCCUR WITHIN 5 MILES OF YOUR HOME. NOW ASKING RESIDENTS OF TWO NEIGHBORHOODS, NORTH AND SOUTH OF THIS PROJECT TO BE FORCED OUT INTO THIS QUAGMIRE, THIS TRAFFIC CONFUSION.

WHICH I WILL TELL YOU THAT A TRAFFIC LIGHT WILL NOT FIX IT.

IT MIGHT MAKE IT A LITTLE BETTER BUT SO MANY COMPELLING OTHER FACTORS THAN A TRAFFIC LIGHT. ASK WHERE MOST MAJOR ACCIDENTS OCCUR, AT AN INTERSECTION WITH A TRAFFIC LIGHT.

ALONG WITH THE CARELESS AND RECKLESS BEHAVIOR OF OTHER DRIVERS. IT CAN BE EXTREMELY CONFUSING IN THIS WHOLE GENERAL AREA AND PROFFER THAT TO YOU IN GOOD FAITH THIS IS NOT A GOOD PROJECT FOR THE SAFETY OF CITIZENS IN THAT AREA. THANK YOU.

>> THANK YOU, APPRECIATE IT. NEXT PLEASE.

>> GOOD AFTERNOON, LADIES AND GENTLEMEN, I LIVE AT 472 FRUIT COVE ROAD. AS MY NEIGHBORS ALL STATED THEIR CONCERN ABOUT THE TRAFFIC, THE IMPACT OF NEIGHBORHOOD, MY CONCERN IS WHAT CHEMICALS ARE THEY USING IN THIS CAR WASH? BECAUSE IT GO INTO THE WELL SYSTEM.

WE LIVE ON WELL WATER. I BATHE, I COOK, I DO EVERYTHING WITH WELL WATER. I RAISE MY GRANDCHILDREN USING THAT WATER. WHAT CHEMICALS ARE THEY USING? I JUST BURIED MY MOTHER A COUPLE YEARS FROM PANCREATIC CANCER, ALL OF THAT COULD BE CONTAMINATION THAT WOULD GO INTO THE WATER THAT AFFECT EVERYBODY IN THE NEIGHBORHOOD.

I WOULD LIKE TO KNOW WHAT THEY ARE USING AND ASKED IN APRIL WHAT CHEMICALS THEY ARE USING IN THE CAR WASH, STILL WAITING TO HEAR. NO ONE HAS ADDRESSED THAT.

THANK YOU. >> THANK YOU.

>> GOOD AFTERNOON, WAYNE HOLLAND, 1452 OTOE'S PLACE.

I HAVE A QUICK STORY TO SHARE WITH YOU.

LAST WEEK I FILLED UP MY GAS TANK AT GATE STATION.

ACROSS THE BRIDGE OVER IN DUVAL. AND I TOOK THE PUMP, PUT IT IN, GOING TO GET A FULL TANK. TURNED AROUND AND LEANED UP AGAINST THE CAR, SET THE LEVER. AND THE NEXT THING I KNEW MY LEG STARTED BEING SPLATTERED AND TURN AROUND AND LOOK AND IT WAS OVERFLOWING. BECAUSE SHUT OFF DIDN'T WORK.

AND SO I QUICKLY TOOK IT, PUT IT UP AND WENT INSIDE AND TOLD THE ATTENDANT, LISTEN I SPILLED AT LEAST A GALLON OF GASOLINE BY THE PUMP. HE GOES, OKAY.

I WOULD LIKE TO TELL YOU THAT HE COME OUT RUNNING OUT AND THREW STUFF ON THE GROUND AND SWEPT IT UP AND THREW IT IN A CONTAINER.

BUT HE DIDN'T DO THAT. I WENT BACK AND GOT IN THE CAR AND LEFT. WHERE DID THE GAS GO? I THINK IT RUN OFF AND BECOME PART OF THE RUN OFF.

THAT'S WHAT WE ARE TALKING ABOUT HERE, I KNOW THEY HAVE ALL SOPHISTICATED THINGS THEY TALKED ABOUT, I DON'T THINK THEY WILL

WORK. >> THANK YOU.

ANYONE ELSE, I SEE AT LEAST ONE PERSON.

>> HI, ROBIN CLARK, 609 IRENE COURT.

IN THE NEIGHBORHOOD. I JUST DIDN'T HAVE ANYTHING PLANNED TO SAY, I TOOK NOTES OF WHAT WAS SAID AND WHAT WAS NOT SAID AND THINGS THAT I THINK SHOULD BE BROUGHT UP.

I SORT OF QUESTIONED DAILY'S INTEGRITY IN ALL OF THIS AND WHAT CAME UP TODAY TRYING TO POSTPONE ALL OF THIS.

PAR OF THE COURSE FOR THEM. AND ONE OF THE THINGS POSTED THAT THE 35 FOOT BUFFER AND A LOT OF TALK ABOUT THAT.

A FEW MONTHS AGO AND CUTTING DOWN THAT 35 FOOT BUFFER UP TO

[03:30:04]

AND MS. PERKINS AND YOU BROUGHT UP WHY NOT TWO ACCESSES ON 13.

THERE WERE TWO ACCESSES ON 13 AND SINCE THEY OWNED THE PROPERTY A FEW YEARS BACK THEY CEMENTED IT UP OR DID WHATEVER, THEY CLOSED OFF THE MOST NORTHERN POINT ACCESS OF WHERE DAILY'S WOULD BE. THERE WERE TWO, I'M ASSUMING THEY DID IT. I DON'T KNOW IF D.O.T. DID IT, I DON'T KNOW, I ASSUMED DAILY'S AND ONCE SAID AND DONE WHO WILL CONTROL AND POLICE THAT. AND COMMUNITY OPPOSITION, NOT JUST US, WE HAVE ONLINE PETITION GOING AROUND AND I CHECKED AND CURRENTLY 2,173 SIGNATURES ON IT AND NOT JUST PEOPLE IN THE NEIGHBORHOOD, THERE IS 42 HOMES THESE ARE PEOPLE IN THE COMMUNITY WHERE WE LIVE THAT DON'T WANT THIS.

AND ANOTHER NOTE, TRUCKS IN AND OUT OF OTOE'S AND IF A LIGHT DID GO IN AND REDO THINGS, WHAT KEEPS TRUCKS FROM FRITO-LAY AND THE TANKERS NOT IN BUT SUPPLIERS AND DEALING WITH THOSE TRUCKS IN. AND I'M SURE IF A LIGHT IS IN THERE, OF COURSE THEY COME IN WHY NOT, THAT'S THE SAFEST ROUTE, WHAT I WOULD DO AS A TRUCK DRIVER.

AS FAR AS RESPONSIBLE DEVELOPMENT, WE DON'T NEED IT, NOT THAT WE DON'T WANT IT. IF ANYONE ELSE WANTED TO PUT IN A GAS STATION IN THE AREA, I WOULD BE OPPOSED.

WE ALL RIGHT HAVE SEVEN WITHIN THREE MILES OF THIS LOCATION.

WE DON'T NEED ANYMORE GAS STATIONS IN GENERAL, I OPPOSE ANY GAS STATION PERIOD. SAFETY AND CRIME ON A PERSONAL NOTE. MY DAD WAS A BROWER COUNTY JUDGED AND TOLD WHEN YOU LEAVE THE HOUSE AS A KID DON'T GO TO THE GAS STATION, GET BEFORE DARK.

IT'S SAFETY AND I WORRY ABOUT THAT AND THINGS THAT I WANTED TO

BRING UP. >> THANK YOU VERY MUCH.

>> THANK YOU. >> ANYONE ELSE IN THE AUDIENCE LIKE TO SPEAK ON THIS ISSUE? MR. GABRIEL, IN AN UNUSUAL MOVE LETTING YOU COME BACK UP AND SAY WHAT YOU NEED TO SAY.

>> ONCE AGAIN APPRECIATE YOUR TIME AND COMMUNITY'S TIME.

I KNOW THAT EVERYONE IS TIRED, YOU HEARD A LOT, BE QUICK, LESS

THAN A MINUTE. >> TAKE THE TIME THAT YOU NEED.

>> SO THIS COLUMN RIGHT HERE IS WHAT CAN BE BUILT TODAY.

THIS COLUMN RIGHT HERE IS WHAT IS PERMITTED TO BE BUILT TODAY.

THIS COLUMN RIGHT HERE IS WHAT WE ARE PROPOSING IN A SITE TAX LIMITED POLICY. IT'S COMMERCIAL NO MATTER HOW YOU CUT IT. AND THE REASON WE'RE SEEKING THE LAND USE AMENDMENT FROM RES-B TO THIS COMMUNITY COMMERCIAL IS BECAUSE IN YOUR CODE THE WAY THAT IT'S ARTICULATED IT REQUIRES FOR A CONVENIENCE STORE/GAS STATION COMBINATION, THAT SORT OF COMMERCIAL USE REQUIRES IT TO BE IN THE CATEGORY THAT IS CALLED COMMUNITY COMMERCIAL.

WHY WE ARE SEEKING IT. IT COULD BE WRITTEN A DIFFERENT WAY, HOW IT'S WRITTEN. THAT'S THE REASON FOR IT.

AND WE RESPECTFULLY SUBMIT THAT, AND ALL THE ITEMS THAT WE PUT IN THE RECORD FOR THE APPLICATION ITSELF, THE TRAFFIC REPORT, EVERYTHING TO DATE. IS A SUFFICIENT RECORD.

YOUR PROFESSIONAL STAFF HAS PREPARED A VERY COMPREHENSIVE PROFESSIONAL STAFF REPORT, WE MEET ALL THE CRITERIA AND WE RESPECTFULLY REQUEST YOUR APPROVAL OF THIS LAND USE AMENDMENT. THANK YOU FOR YOUR TIME.

>> CAN I ASK A QUESTION. YES IT'S COMMERCIAL DEVELOPMENT BUT WOULD YOU AGREE THERE IS A DIFFERENCE IN INTENSITY OF DEVELOPMENT WHAT ALLOWED IN COMMERCIAL GENERAL AND WHAT IS

ALLOWED IN GENERAL COMMERCIAL? >> GENERALLY SPEAKING SURE AND THIS GAS STATION AND CONVENIENCE STORE IS LESS INTENSE THAN A VARIETY OF COMMERCIAL USES INCLUDING THE RES-B THERE TODAY.

>> UNDER THE COMP PLAN WHAT IS ALLOWED UNDER COMMERCIAL GENERAL

DOES NOT ALLOW GAS STATIONS. >> THE COMBINATION.

>> RIGHT. OKAY.

[03:35:02]

>> CORRECT. >> RIGHT.

OKAY. THANK YOU.

>> THANK YOU. >> WE MAY HAVE OTHER QUESTIONS,

MS. SPIEGEL. >> SORRY, IS THERE WAY TO GO BACK TO YOUR PRESENTATION AND MAYBE ASK SOONER, CONFUSED ABOUT THIS PROCESS. IF YOU COULD GO BACK TO THE SLIDE WHERE YOU HAD A LIST OF APPROVED CAR WASHES, I MEAN GAS STATIONS NEAR RESIDENTIAL. IN THE COUNTY.

FIVE SLIDES BACK FROM THE END. >> GIVE ME ONE SECOND, I WILL GET THERE. THERE IT IS.

>> DO YOU HAVE ANY IDEA ON THOSE PROPERTIES HOW MANY PUMPS THEY HAVE, AS MANY AS 24 AND IF THEY HAVE CAR WASHES AS WELL?

>> I DON'T HAVE THAT INFORMATION BUT IF I GIVE ME A MOMENT I WILL CHECK WITH AN ENGINEER, RAY, DO WE KNOW THE ANSWER TO THAT QUESTION? WE DO NOT KNOW THE ANSWER TO THAT QUESTION OFF THE TOP OF OUR HEAD AND I SUSPECT MAYBE SOME AREN'T THE COMBINATION AND MAYBE ONE OR TWO THAT ARE, I AM GUESSING BUT GET THAT INFORMATION.

>> OKAY, THAT'S A CURIOSITY REGARDING THAT.

I WANT TO SEE IF ANY OTHER QUESTIONS OR MAKE A COUPLE OF COMMENTS. ONE THING THAT PEOPLE BROUGHT UP THAT HADN'T OCCURRED AND PEOPLE GASSING UP THEIR BOATS AND A DIFFICULT MANEUVER IN OTOE'S PLACE AND THAT'S A CONCERN PERHAPS. AND REGARDING THE DEVELOPMENT AS YOU HEAD NORTHWARD ON THE SCENIC HIGHWAY, YOU ARE RIGHT THERE IS A LOT OF DEVELOPMENT AS YOU PASS ON AND AS YOU SAID BLENDS INTO THAT COMMERCIAL NODE. TO ME COMING THE OTHER DIRECTION, THIS IS THE END OF THE SCENIC HIGHWAY, NOT 100% CONVENIENCED THAT A GAS STATION IS THE MOST APPROPRIATE THING TO GO THERE. MY COMMENT, IT SOUNDS NOBLE AND GOOD THAT YOU WANT TO SAY NO TRUCKS OR GAS TANKERS WILL ENTER ON OTOE'S PLACE. IT'S A RIGHT IN/RIGHT OUT IF I READ THIS CORRECTLY. I THINK SOMEONE MENTIONED AND I WAS A TRUCKER, I DON'T KNOW HOW YOU ENFORCE THAT.

ESPECIALLY IN THE MIDDLE OF THE NIGHT.

>> I CAN ADDRESS THAT BY THE FEWER PHYSICALITY AND GEOMETRY OF OTOE'S PLACE THERE IS NOT A TURN RADIUS FOR THE TRUCKERS AND

TANKER. >> BUT THE SMALLER TRUCKS.

>> A PICK-UP TRUCK SURE BUT NOT OTHER BIGGER TRUCKS.

>> AND THEN MAYBE A CAR PULLING A BOAT, TRUCK PULLING A BOAT.

>> I GUESS IT DEPENDS ON THE SIZE.

>> THESE THINGS ARE HARD TO POLICE, JUST TRYING TO BE PLANNING AND ANTICIPATING WHAT ELSE MIGHT COME.

I HAVE COMMENTS ABOUT THE GAS TANKS AND FOR ME YOU HAVE GONE FROM 12 PUMPS TO DOUBLE, EVEN THOUGH THE FOOTPRINT IS SMALLER

BUT HIGH INTENSE. >> THAT MIGHT BE A MISNOMER, HOW

YOU DEFINE PUMP. >> CAN YOU EXPLAIN THAT?

>> 24 IS HOW MANY PUMP GUNS THERE ARE THERE, 12 REFERS TO

THE PAIRING OF IT. >> OKAY, I LOOKED AT YOUR PICTURE HERE AND YOU GOT SIX, IT LOOKS LIKE JUST IN YOUR SITE PLAN IT LOOKS LIKE SIX ROWS WHERE CARS CAN COME IN AND PARK AND GET GAS. AND IF YOU LOOK AT THAT, THEN IT WOULD BE TWO--FOUR ON EACH TO MAKE THE 24.

>> THAT'S CORRECT. >> TWO ON EACH.

24 OVER 12, I DON'T KNOW JUST SEEMS HIGHER TO ME.

THAT'S ALL I HAVE, THANK YOU SIR.

>> MR. LABANOWSKI. >> DO YOU HAVE THE LAYOUT THAT WAS IN OUR PACKAGE? FOR THE SCREEN OR--

>> I HAVE THE SITE PLAN. >> I HAVE IT IN FRONT OF ME BUT I HAVE A QUESTION FOR YOU. YOU KEPT SAYING THAT THE TANKERS ARE NOT GOING IN AND OUT OF OTOE'S PLACE.

>> CORRECT. >> HOW ARE THOSE TANKERS GOING TO BE TURNING AROUND MAKING AN U UH--U-TURN IN THAT PARKING LOT. WHEN THEY COME IN AND LEAVE, THE LOCATION OF THE TANKS. I'M LOOKING AT IT HERE NOW.

THE TRUCK IS NOT ABLE TO MAKE A U-TURN.

[03:40:05]

YOU ARE LOOKING AT 15 FEET BETWEEN THE VEHICLE'S SPACE, BETWEEN THE BUILDING AND THE PUMPS.

YOU ARE LOOKING THE SAME WAY ON THE OTHER SIDE, FROM WHAT I AM SEEING HERE ALMOST IMPOSSIBLE FOR TANKER TRUCKS TO MAKE A

U-TURN IN THAT PARKING LOT. >> IT'S GOING TO BE A THREE-POINT TURN. WHAT YOU SEE IN THIS SITE PLAN.

[LAUGHTER] >> OKAY.

I DON'T MEAN TO LAUGH. WHAT YOU SEE IN THE SITE PLAN IS IS A BIGGER TANKER, WB67, YOU COME IN OFF OF STATE ROAD 13 AND YOU COME IN AND GO RIGHT IN HERE AND YOU MAKE A THREE-POINT TURN

AND THEN COME OUT. >> SO THIS IS THE ONLY WAY--

>> REFRAIN PLEASE IN THE AUDIENCE.

>> THIS IS THE ONLY WAY THAT THE TANKERS COME IN AND OUT.

NO WAY LIKE MR. GABRIEL SAID COMING OFF OF OTOE'S THE

GEOMETRY DOESN'T WORK FOR THAT. >> I WILL RECOGNIZE AS LONG AS

MR. LABANOWSKI IS FINISHED. >> I STILL DON'T SEE HOW DO THAT, WITH THE TRAFFIC GOING ON IN THAT PARKING LOT IT WILL BE VISUALUALLY IMPOSSIBLE TO DO THAT.

I SEE AT BUC-EE'S AND THEY HAVE A WIDE-OPEN SPACE THERE AND THEY

HAVE ISSUES THERE. >> WE HAVE A MUCH SMALLER GAS

STATION. >> UNDERSTAND BUT JUST SAYING THEIR AREA IS WIDE OPEN OVER THERE WHERE THEIR TANKS GO IN AND OUT AND THEY HAVE ISSUES WITH TRAFFIC.

ALL IT TAKES IS A FEW CARS TO BE IN AN IMPROPER PLACE AND NOT GET THAT TANKER IN AND OUT. MY CONCERN, THEY WILL BE USING OTOE'S ONE WAY OR THE OTHER, I KNOW YOU SAY THEY WASN'T USE IT.

I GUARANTEE IF THAT DRIVER WANTS TO GET THE HECK OUT OF THERE AND TAKE OTOE'S TO GET OUT OF THAT GAS STATION.

>> YEAH, I DON'T KNOW--I MEAN WE CAN ONLY--

>> I KNOW YOU DON'T CONDONE IT BUT IN ALL REALITY, EVERYBODY, YOU, ME, TAKES THE EASY WAY OUT AND I SEE THE DRIVER TAKING THAT TRUCK THROUGH OTOE'S MAKING IT WORSE.

THAT WAS ONE OF MY MAIN CONCERNS THAT TRUCK GETTING IN AND AND OUT WITH THE WAY THAT YOU CONFINED IT.

THANK YOU. >> MR. OLSON.

>> YES, FOLLOWING UP ON MR. LABANOWSKI'S LINE OF QUESTIONING, IN A WAY I THINK WE MAY BE BEATING THIS AND IGNORING THE LARGER FUNDAMENTAL INCOMPATABILITY LAND USE ISSUE, I WILL ASK THE QUESTION. WHAT FOR YOUR APPROVALS FROM D.O.T. INSIST THESE TRUCK MOVEMENTS CANNOT EXCLUSIVELY HAPPEN ON 13 IN AND OUT, ESPECIALLY THE BIG TRUCKS.

AND THAT THEY REALLY DO NEED SIGNALIZATION TO MOVE ON AND OFF OF 13. YOU THEN NEED TO DO WHAT YOU NEED TO DO TO FIX THE GEOMETRY THAT YOU ARE REFERRING TO ON O OTOE'S PLACE.

I ASSUME THAT'S FIXABLE FOR SOME COSTS.

HOW DO YOU RESPOND TO THAT? AND AGAIN I'M TAKING UP THOUGHT TIME FROM THE FUNDAMENTAL THING THAT IS CONCERNING AND THAT'S THE OVERALL LAND USE COMPATIBILITY, IF YOU ADDRESS THAT POINT I WOULD LIKE TO HEAR. I THINK AS SENIOR PLANNER AND APOLOGIZE HIS TITLE AND WE HAVE TO GO THROUGH THE GAUNTLET OF STATE PERMITTING AND FDOT INCLUDING, AND FOLLOW EVERY IOTA AND FROM THE OPINION OF DR. BUCKHOLZ AND REFER TO THAT.

>> CAN YOU REPEAT IT? DON'T WANT TO BE DOUBLE

[03:45:04]

OFFENDER. >> I KEEP HEARING FROM Y'ALL'S TESTIMONY THAT IT'S IMPOSSIBLE FROM A GEOMETRIC STANDPOINT FOR LARGE TRUCKS TO ENTER AND LEAVE THROUGH OTOE'S PLACE.

GEOMETRY HAS A WAY OF BEING FIXED; RIGHT.

DON'T ENGINEERS DO THAT EVERY DAY? SIMPLY IS A COST. 13 WE HAVE HEARD IS A BUSY ARTERIAL ALREADY AND TO HAVE THOSE LARGE TRUCKS ATTEMPT LEFT-TURN MOVEMENTS. IN LIGHT OF THE TRAFFIC.

COULD BE VIEWED BY FDOT AS SOMETHING THAT SHOULDN'T HAPPEN.

>> YES, SIR, THAT'S VERY POSSIBLE.

AND WHEN WE GO THROUGH THE DO.T. PERMITTING PROCESS THERE IS ALWAYS THINGS THAT YOU DON'T FORESEE COMING.

VERY POSSIBLE. THE RIGHT TURN LANES AND SIGNALIZATION AND CONFIGURATION OF INTERSECTION AND GO THROUGH I.C.E. TO FIGURE OUT. BUT IT'S POSSIBLE, IF THEY SAY THAT. POSSIBLE THAT THEY SAY OKAY, WELL, YOU CAN PUT IN A SOUTHBOUND RIGHT TURN LANE AT SOUTHERN ENTRANCE TO INCREASE THE RADII TO ENTER, INSTEAD TO

MAKE IT WIDER TO FIT THE TRUCKS. >> I GUESS THE POINT THAT WE BOTH AGREE ON, YOU CAN'T ANSWER THAT QUESTION CERTAINTY THAT LARGE TRUCKS WON'T BE ON OTOE'S PLACE, YOU CAN'T ANSWER THAT WITH CERTAINTY LIKE YOU CAN'T ANSWER THERE WOULD BE A LIGHT THERE WITH CERTAINTY AT THIS POINT.

>> WE DO--I DON'T THINK I CAN PERMIT THIS WITHOUT REQUIRED OF

A TRAFFIC SIGNAL. >> OKAY, THANK YOU.

>> ONE OF OUR ENGINEERS TO BRING UP A POINT APPROVED PLAN TODAY LARGE TRUCKS CAN ACCESS THROUGH THERE.

TO YOUR POINT. MS. SPIEGEL.

>> I AM PREPARED TO MAKE A MOTION.

>> I CAN MAKE COMMENTS AND STATE MY REASONS BUT I THINK A LOT OF THIS IS GOING OVER AND OVER. GO AHEAD AND MAKE A MOTION.

>> OKAY, THANK YOU SIR. I WOULD LIKE TO MAKE A MOTION TO RECOMMEND DENIAL OF ADOPTION OF CPA(SS) 2025-13 DAILY'S PLACE BASED ON FOUR FINDINGS OF FACT IN THE STAFF REPORT.

>> OKAY, WE HAVE A MOTION AND A SECOND.

I WANT TO GIVE SOME REASONS. BECAUSE LEX SAYS IT'S GOOD TO HAVE SPECIFIC REASONS ON THE RECORD.

AND I HAVE ABOUT 10 BUT I WILL FOCUS IN ON THREE.

AS THE ATTORNEY MR. MULLIGAN HAD SAID, HE CITED COMP PLAN POLICY A.1.3.4, STATING THAT ALL COMPREHENSIVE PLAN AMENDMENTS SHALL PROVIDE JUSTIFICATION FOR THE PROPOSED AMENDMENT.

I DIDN'T REALLY HEAR ANY OTHER SPECIFIC JUSTIFICATIONS THAN WE WANT A GAS STATION HERE AND NOT OUR COMMERCIAL OFFICE AND RETAIL. SO THAT IS A CONCERN.

UNDER THAT SAME POLICY A-1.3.4G. IT SAYS TO THE EXTENT THAT THE AMENDMENT RESULTS IN POSITIVE MARKET AND ECONOMIC AND FISCAL BENEFITS OF THE AREA DEMONSTRATED THROUGH MARKET DEMAND ANALYSIS, ECONOMIC DEMAND ANALYSIS AND FISCAL DEMAND ANALYSIS. I DIDN'T SEE ANY OF THAT--THE ECONOMIC ANALYSIS IS NEGATIVE IN TERMS OF GAS STATION THAN THE COMMERCIAL AND RETAIL. AND THEN MY REAL MAJOR CONCERN IS INCOMPATIBILITY, AND UNDER POLICY A.1.4.11, SAYS THIS HAS BEEN STATED BEFORE TODAY, COMPATIBILITY MEANS LAND USES THAT CO-EXIST IN PROXIMTY OF STABLE FASHION AND SUCH USE IS

[03:50:08]

I THINK PUTTING A GAS STATION AND CONVENIENCE STORE AND CAR WASH THERE IS NEGATIVELY IMPACTING DIRECTLY AND INDIRECTLY THE USE OF THAT NEIGHBORHOOD AND RESIDENTIAL AREAS SURROUNDING THAT. I FIND IT'S INCOMPATIBLE AND THIS INCLUDES THINGS LIKE INTENSITY, AND APPEARANCE AND AESTHETICS, ODORS, NOISE, OTHER THINGS, TRAFFIC GENERATION.

I WAS GOING TO BRING UP TRAFFIC AND MENTIONED, AND I AM WORRIED ABOUT OTOE'S PLACE AND HAVING THAT TRAFFIC THERE.

AND IF A STOP LIGHT EVER GETS PUT IN THERE OR NOT.

I THINK THIS IS INCOMPATIBLE, THOSE ARE MY REASONS.

IF ANYONE ELSE HAVE COMMENTS, ENTERTAIN THEM AND THEN I THINK WE WILL VOTE. ANY OTHER COMMENTS? SEEING NONE. THERE IS OUR SCREEN.

SO THE MOTION IS TO DENY A YES VOTE IS TO DENY THE APPLICATION.

THAT IS DENIED UNANIMOUSLY. [APPLAUSE] ALL RIGHT. WE HAVE SOME OTHER BUSINESS SO IF YOU WANT TO TALK AMONGST YOURSELVES PLEASE GO INTO THE

[Staff Reports ]

>> THANK YOU MR. CHAIR, NO STAFF REPORTS OF NOTE.

TWO QUICK THINGS. JULY 23-- [GAVEL] COULD Y'ALL PLEASE, HEARING FROM OUR COUNTY PERSON, COULD YOU TAKE THE CONVERSATION OUTSIDE

PLEASE. >> BE REAL QUICK, JULY 23 IS NEXT UPCOMING MEETING. IT OCCURRED EARLIER IN THI MEETING CONVERSATION ABOUT THE ALCOHOL DISTANCE REQUIREMENTS.

I DO HAVE THAT SCHEDULED AS A WORKSHOP ON THE BACK END OF AUGUST 20 MEETING. THOUGHT I WOULD LET YOU KNOW,

PREPARING FOR THAT. >> REPEAT THAT LAST SENTENCE OR TWO. WHAT IS SCHEDULED AS WORKSHOP?

>> SAY IT AGAIN--SORRY, JULY 23 IS OUR NEXT MEETING AND ON AUGUST 20 I HAVE A WORKSHOP SCHEDULED TO PUT ON THE END OF THE MEETING TO DISCUSS ALCOHOL SEPARATION REQUIREMENTS.

FROM CHURCHES AND SCHOOLS. >> EXCELLENT, I THINK THAT'S

GOOD. >> ALL I HAVE.

>> APPRECIATE THAT, THAT'S VERY GOOD, THANK YOU.

[Agency Reports ]

MR. OLSON. >> OH, YES.

LAST MEETING WE HEARD ABOUT A CHANGE IN STATE STATUTE THAT AFFECTS HOW WE DO BUSINESS HERE RELATIVE TO ZONING.

I BELIEVE THAT ISSUE WAS LOCATION OF MOBILE HOMES.

BUT NOW THERE'S THE LEGISLATURE HAS COMPLETED ITS SESSION FOR THIS PAST LEGISLATIVE SEASON. AND I'M WONDERING IF IT WOULD BE POSSIBLE FOR THIS BOARD TO BE UPDATED ON NEW TWISTS THAT ARE AFFECTING HOW WE DO LAND USE AND ZONING DECISIONS IN THIS COUNTY.

BASED ON RECENT LEGISLATION. WOULDN'T NEED TO BE A WORKSHOP BUT ESSENTIALLY SOMETHING ON THE AGENDA THAT COULD JUST TICK OFF

WHAT THOSE THINGS ARE. >> I'M HAPPY TO PUT A STAFF REPORT ON EITHER JULY OR AUGUST UPCOMING MEETINGS AND DO OVERVIEW OF THE CHANGES THAT HAPPENED IN STATE LEGISLATURE

THIS YEAR. >> THAT WOULD BE HELPFUL.

I WOULD APPRECIATE IT, WHY DON'T YOU DO IT FOR AUGUST SO YOU ARE NOT TOO STRESSED. ANY OTHER DISCUSSION OR REPORTS OR

* This transcript was compiled from uncorrected Closed Captioning.