[1. COMM 2026-60 AeroBase Building Addition. A request for Site Plan Approval to allow for the build-out of one (1) 7,500 square foot building onto the site, located on property within that portion of land rezoned by Ordinance 1987-01 designated Industrial Warehouse (IW) with conditions, specifically located at 3555 Agricultural Center Drive.]

THE THANK YOU. >> THANK YOU.

APPRECIATE IT. WELCOME ABOARD.

ALL RIGHT. WE'RE NOW ON TO ITEM NUMBER 1, PRESENT IS PATRICK SOWELL, AND THIS IS A COMMERCIAL BUILDING REVIEW, AND WE NEED EX PARTE MR. GREEN.

>> THIS IS FOR THE COUNTY ATTORNEY QUESTION.

ON ITEM ONE. AEROBASE HAS RENT FOR ME.

HE'S A TENANT OF MINE IN A DIFFERENT LOCATION THAN THIS.

I DO HAVE CONFLICT OF INTEREST AND SHOULD I RECUSE MYSELF?

>> THAT SOUNDS LIKE A CONFLICT OF INTEREST BECAUSE YOU'RE RECEIVING MONEY FROM THE APPLICANT.

SO, MY ADVICE TO YOU WOULD BE TO RECUSE YOURSELF AND I'LL FILL

OUT THE APPROPRIATE FORM FOR. >> OKAY, I'LL RECUSE MYSELF FROM VOTING ON THIS OR SPEAKING ON THIS.

>> ALL RIGHT, THANK YOU FOR BRINGING THAT TO OUR ATTENTION.

AMERICAN LABANOWSKI. >> YES, I VISITED THE SITE.

ANYONE ELSE? ALL RIGHT, I ASSUME YOU'RE

PATRICK SOWELL. >> YES, WITH MAVERICK

ENGINEERING. >> THE FLOOR IS YOURS SIR.

THIS IS OUR PROJECT AEROBASE BUILDING ADDITION.

HERE YOU SEE A LOCATION MAP AERIAL GIVING A IDEA WHERE IT IS OFF AGRICULTURAL CENTER DRIVE NEAR INTERSECTION OF 16 AND 95, SHOWING CONDITION AS IT IS TODAY WITH THE EXISTING BUILDING PARKING LOT STORM WATER FACILITY IN THAT OVERFLOW AREA WHERE WE

ARE PROPOSING THE NEW BUILDING. >> THE SCOPE OF WORK IN GENERAL IN A NUTSHELL THE MAIN COMPONENTS PROVIDING A SIDEWALK ON THE PROPERTY FRONT DAMAGE FOR REDEVELOPMENT TAP A SIDEWALK ACCESS FROM THE SITE TO NEW CONNECTION.

THE MAIN PURPOSE OF THIS PROJECT, PROPOSING A 7500 SQUARE FOOT PREENGINEERED BUILDING WHICH WILL SERVE AS STORAGE ONLY SO NO NEW UTILITIES TO THIS BUILDING.

ANOTHER BIG COMPONENT WAS BRINGING THE SITE INTO COMPLIANCE WITH THE NEW STATE WIDE STORM WATER CRITERIA AND SHOULD BE NOTED WE DID RECEIVE THAT PERMIT JUST AFTER I UPLOADED THIS POWERPOINT ON TUESDAY.

SO WE DO HAVE THAT. THE THE LAND ESCAPING REQUIREMENTS INTO COMPLIANCE WITH THE LDC, WHERE WE HAVE A REAR BUFFER THAT WAS MISSING SOME TREES SO WE ADDED TO IT HERE'S A COUPLE OF OUR PLAN SHEETS JUST KIND OF SHOWING OUR PROPOSED IMPROVEMENT A'S YOU SEE THE NEW SIDEWALK ON THE FRONT DAMAGE WITH THAT SIDEWALK CONNECTION FROM THE EXISTING BUILDING. IT ALSO SHOWS WHERE THAT NEW 7500 SQUARE FOOT BUILDING WILL GO.

THIS IS OUR GRADING PLAN JUST SHOWING THAT BRINGING IT INTO COMPLIANCE WITH THE NEW STATEWIDE CRITERIA WE HAVE ADDED DIVER RETENTION AREAS SO IN ADDITION FORM OF TREATMENT TO HELP MEET THAT NEW COMPLIANCE. ALSO SHOWING THE ROUTE, HOW WE'RE GETTING THAT WATER TO THE PROPOSED POND.

HERE IS OUR LANDSCAPE PLAN SHOWING WHERE THOSE PROPOSED TREES ARE GOING IN THE REAR OF THE PROPERTY.

AS YOU SEE ON THE TREE CALCULATION TABLES THERE IS MORE THAN ADEQUATE NUMBER OF TREE INCHES ON THE SITE.

THAT CONCLUDES MY PRESENTATION ANY QUESTIONS?

>> OKAY, THANK YOU. ANY QUESTIONS FROM BOARD

[00:10:04]

MEMBERS? SEEING NONE, I WAS CONCERNED ABOUT ARE YOU NOT GOING TO NEED THAT PARKING THAT'S GOING TO

BE -- >> IT'S NOT REQUIRED PARKING.

>> OKAY. SO YOU'RE NOT GOING TO NEED IT?

>> NO, SIR. >> OKAY.

ALL RIGHT. >> DOESN'T NEED IT.

>> OKAY. WE ARE BACK.

ANY PUBLIC COMMENT ON THIS ITEM? ITEM NUMBER 1.

SEEING NO PUBLIC COMMENT WE ARE BACK IN THE AGENCY FOR DISCUSSION, AND MOTION. MS. SPIEGEL.

>> RIGHT, I'LL MAKE A MOTION TO APPROVE SITE PLAN FOR COMM 2 2026-060 PURSUANT TO ORDINANCE 180791 AS PROVIDEED IN THE STAFF

REPORT. >> WE HAVE A MOTION BY MS. SPIEGEL. MR. OLSON.

>> YES, I'LL SECOND THAT MOTION. >> SECOND BY MR. OLSON.

ANY DISCUSSION? SEEING NONE LET'S VOTE.

OKAY. THERE WAS A STICKY NOTE OVER MY SCREEN HERE. WE NEED ONE MORE VOTE DON'T WE? OH, THAT'S RIGHT. THANK ALL RIGHT, THAT PASSES

UNANIMOUSLY 5-0. >> THANK YOU VERY MUCH,

[2. MINMOD 2025-10 Port St. John Fence Height. Request for a Minor Modification to the Port St. John PUD (Ordinance 2003-97) to allow for a fence height of ten (10) feet along both the northern and southern boundaries of the PUD, updating the previously approved Minor Modification (MINMOD 2023-17) that granted a maximum fence height of eight (8) feet only along the northern PUD boundary. Located at Holly Berry Lane and State Route 13 North.]

EVERYONE. >> OKAY.

ITEM NUMBER 2, IS A MINOR MODIFICATION FOR PORT ST. JOHN FENCE HEIGHT AND HOLLY BERCKMILLER IS PRESENTER.

MR. LABANOWSKI. >> YES, I VISITED THE SITE AND ALSO TALKED TO TODD KELLER, AND ALSO TALKED WITH JAMES

WHITEHOUSE. >> MR. OLSON.

>> I VISITED THE SITE, I GUESS I SHOULD SAY THE OTHER BACK SIDE OF THE SITE BECAUSE THE SITE IS THE GATED SITE, RIGHT? AND I ALSO RECEIVED A CALL AND SPOKE BRIEFLY CALL FROM YESTERDAY, FROM JOE MCINERNEY, WHO SHARED SOME OF HIS VIEWS ON

THE PROJECT. >> MS. SPIEGEL.

>> I PREVIOUSLY VISITED THE SITE BUT I DIDN'T SEE THE BACK SITE.

I HAD AN EMAIL FROM JOE MCINERNEY AND PHONE CALL AND A COUPLE OF TEXTS FROM JAMES WHITEHOUSE.

>> MR. GREEN? >> CONVERSATION WITH M

MR. WHITEHOUSE. >> I HAD A CONVERSATION WITH MR. WHITEHOUSE YESTERDAY. ALL RIGHT, THE FLOOR IS YOURS

WHO WILL. >> I OKAY.

GOOD AFTERNOON PCA BOARD MEMBERS, I'M MY NAME IS HOLLY BERCKMILLER, AND I'M PRESIDENT OF THE PORT IS ST. JOHN'S, HORMUZ ASSOCIATION. WE HAVE A NUMBER OF OUR HOMEOWNERS HERE TODAY I TWO LIKE TO ASK THEM TO STAND TO SHOWED A MOMENT OF SUPPORT FOR THIS REQUEST.

THANK YOU. SO, I WAS OPERATING ON THE ASSUMPTION THAT MANY IF NOT ALL OF YOU HAVE NEVER BEEN INSIDE OF OUR NEIGHBORHOOD. SOUNDS LIKE IT MIGHT BE QUESTIONABLE. NOT INSIDE? OKAY. THERE WE GO.

SO, PLEASE ALLOW ME TO GIVE YOU JUST A QUICK 30-SECOND TOUR OF WHAT OUR COMMUNITY IS TRYING TO PROTECT.

OUR COMMUNITY SPANS APPROXIMATELY 25 ACRES ALONG A GATED, SINGLE LANE PRIVATE ROAD. UPON ENTERING THROUGH OUR MAIN GATE YOU IMMEDIATELY SEE OUR ENTRANCE DRIVE AND APPROXIMATELY 6.5 ACRES OF OPEN NATURAL SPACE. CONTINUING ROUGHLY A QUARTER MILE DOWN OUR PRIVATE ROAD, BRINGS TO YOU THE THRESHOLD OF OUR COMMUNITY. DRIVING THROUGH, YOU'LL FIND A UNIQUE WELL MAINTAINED NEIGHBORHOOD, FILLED WITH MATURE TREES BEAUTIFUL LANDSCAPING AND PRIVATE OWNERSHIP.

OUR HORMUZ HAVE MADE SIGNIFICANT INVESTMENTS IN THEIR HOME BASED ON OUR UNIQUE WATERFRONT COMMUNITY.

AT THE VERY END OF OUR STREET, THE CUL DE SAC OPENS UP INTO A NATURAL COMMON AREA LEADING DOWN TO A COMMUNITY GAZEBO AND BEAUTIFUL WATERFRONT SUNSETS. SO, LET ME EXPLAIN WHY WE'RE

[00:15:04]

HERE TODAY, ASKING FOR AN ALLOWANCE FOR A 10 FOOT HIGH FENCE. AS YOU CAN SEE FROM THE SITE MAP WHERE OUR COMMUNITY IS OUTLINED IN RED, WHICH IS THIS AREA RIGHT HERE, AND THE ADJACENT PARCELS ARE FILLED IN BLUE, OUR NEIGHBORHOOD FACES A VERY UNIQUE SPACIAL HARDSHIP.

WE ARE A COMPACT SINGLE LANE RESIDENTIAL NEIGHBORHOOD, SITUATED SQUARELY BETWEEN TWO INCOMPATIBLE PROPERTY USES.

EXCUSE ME. TO OUR NORTH, ASSIST THE AMITY MARINA BAR AND MOBILE HOME PARK WHICH IS A COMMERCIAL HIGHWAY TOURIST AND RESIDENTIAL MOBILE HOME.

RATHER THAN RECOUNTING TWO DECADES OF HISTORY ON THIS PARCEL I WANTED TO FOCUS ON THE IMMEDIATE RAL ADVERTISEMENT OUR HORMUZ FACE UPON GOING SEVERE QUALITY OF LIFE DISRUPTIONS AND WE ARE DEALING WITH COMMERCIAL NOISE POLLUTION VISUAL CLUTTER TRANSIENT TENANTS LOUD BAR PATRONS AND DEBRIS THROWN DIRECTLY OVER THE PROPERTY LINE INTO OUR BACK YARDS AND COMMON AREA. THE LOSS OF OUR MATURE TREE CANOPY HAS LEFT US ENTIRELY EXPOSED.

ALL THEY HAD CODE ENFORCEMENT HAS STEPPED IN TO RESOLVE CERTAIN SPECIFIC VIOLATIONS THE STRUCTURAL PROBLEM REMAINS.

COMMERCIAL NOISE AND VISUAL BLIGHT STILL SPILL DIRECTLY ACROSS OUR PROPERTY LINES DISRUPTING OUR YARDS AND PENETRATEING THE PRIVACY OF OUR HOMES.

THAT IS CLEAR CASE OF INCOMPATIBLE LAND USE AND APPROVING A 10 FOOT FENCE ON OUR NORTHERN BOUNDARY WILL SERVE AS A VITAL BUFFER DIRECTLY MITIGATEING THE NOISE AND PROTECTING OUR COMMUNITY'S VISUAL INTEGRITY.

EXCUSE ME. TO OUR SOUTH, IS A 20 ACRE PARCEL ZONED OPEN RURAL. WHILE THIS PROPERTY DOESN'T CARRY COMMERCIAL BAR ACTIVITY OR TRANSIENT TENANTS IT PRESENTS A DIFFERENT SET OF CHALLENGES. OVER THE PAST YEAR SIGNIFICANT TREE BUFFERS WERE CLEARED, AND A 35 FOOT HIGH 4700 SQUARE FOOT BARN WAS' VEKTD JUST TEN FEET FROM ONE OF OUR HORMUZ REAR PROPERTY LINES. WHILE IT WAS FULLLY PERMITTED AND LEGAL IT DOES HIGHLIGHT OUR COMMUNITY'S VULNERABILITY.

OUR HORMUZ FULLY AWARE OF THE 20-YEAR HISTORY ON THE NORTH SIDE HAVING ABOUT INCREASINGLY CONCERNED WHAT THE SOUTH SIDE FUTURE MIGHT HOLD. WHAT MIGHT ACTUALLY HAPPEN WHEN THE CURRENT OWNERS OF THIS PARCEL SELL THIS PROPERTY, THE HEAVY MAINTENANCE REQUIRED FOR OPEN RURAL LAND SUCH AS CONTINUOUS TREE TRIMMING AND COMMERCIAL SCALE MOWING CREATE CONSTANT ODD FRIDAY INTRUSION, FURTHERMORE HIGH MOUNTED EXTERIOR LIGHTS ON THIS BARN FLOOD INTO SEVERAL ADJACENT HOMES. WHILE A TEN FOOT FENCE CANNOT FULLLY ELIMINATE LIGHT POLLUTION IT ACCOMPLISHES SPECIAL BASELINE BY INTERRUPTING THE DIRECT PATH OF INUSE THE I HAVE LIGHT AND AMBIENT NOISE. BALLS OUR COMMUNITY IS BUILT ALONG A SINGLE LANE, OUR RESIDENTS DO NOT HAVE THE SPACIAL BUFF THERE LARGER SUBDIVISIONS ENJOY N. A STANDARD NEIGHBORHOOD HOMES ARE INSULATED BY LAYERS OF SURROUNDING STREETS AND HOUSES AND IN OUR COMMUNITY, ALMOST EVERY HOME IS ESSENTIALLY A PERIMETER HOME. COMMERCIAL EQUIPMENT ON EITHER SIDE CAN SOUND AS THOUGH IT'S OPERATING RIGHT IN SOMEONE'S LIVING ROOM. BECAUSE OF THESE INTENSE ADJACENT USES A STANDARD 6 FOOT FENCE OR EVEN AN 8 FOOT NENS IS.

>> NET RICCIARDELLI INACCURATE. STANDARD FENCE LEAVES OUR RESIDENTS LEAKINGING A TRAILERS TALL RV'S AND ACCESSORY BUILDINGS. THIS MODIFICATION WILL ESTABLISH NECESSARY VISUAL SCREEN THAT ALSO SERVES TO DISRUPT AND DULL AMBIENT NOISE FOR OUR SINGLE LANE COMMUNITY.

OUR APPROACH DOES NOT PENALIZE OR RESTRICT OUR NEIGHBORS IT REQUESTS A TOOL FOR LONG-TERM BOUNDARY MANAGEMENT.

IF WE LOOK DIRECTLY AT THE FRAMEWORK.

ST. JOHN'S COUNTY LANE DEVELOPMENT CODE THE INTENT IS CLEAR, HIGH IMPACT AREAS REQUIRE SUBSTANTIAL BOUNDARIES AND UNDER STANDARD RULES A RESIDENTIAL PARCEL IS CAPPED AT A 6 FOOT FENCE WHILE COMMERCIAL PROPERTIES TECHNICALLY FACE NO HEIGHT RESTRICTIONS. THE COUNTY'S CODE ALREADY ESTABLISHED THIS VITAL PRECEDENT.

WE'RE SIMPLY ASKING FOR A MINE OR MODIFICATION TO GRANT OUR RESIDENTIAL ENCLAVE THAT VERY SAME STANDARD OF DEFENSE.

[00:20:01]

BY APPROVING THIS COMMUNITY WIDE TEN FOOT ALLOWANCE TODAY YOU'RE ALSO CREATING ADMINISTRATIVE EFFICIENCY.

YOU'RE SAVING COUNTY STAFF FROM REVIEWING DOZENS OF INDIVIDUAL REPETITIVE AND COSTLY VAIRPIANS APPLICATIONS FOR THE EXACT SAME STRETCH OF ROAD. EXCUSE ME.

IN SUMMARY, THE OBJECTIVE OF OUR REQUEST IS TO PROTECT OUR UNIQUE SINGLE LANE RESIDENTIAL COMMUNITY THROUGH SENSIBLE LONG-TERM BOUNDARY MANAGEMENT. BEFORE I WRAP UP, I WANTED TO ADDRESS A MATTER TO WHOMEVER CAN ANSWER MY QUESTION.

I JUST RECENTLY RECEIVED A COPY OF THE RESOLUTION AND AFTER REVUPG CONDITION NUMBER 6 OF THE RESOLUTION I DID HAVE A CONCERN.

IT STATES, THE MINOR MODIFICATION SHALL COMMENCE WITHIN ONE YEAR OF THE SIGNING. FINAL ORDER.

FAILURE TO COMMENCE WITHIN THE PRESCRIBED TIME SHALL REVEREND TER ORDER INVALID AND ALL RIGHT GRANTED HERE IN SHALL BECOME NULL AND AVOID. WE WOULD ASK THAT THE RESTRICTS TO COMMENCE WITHIN ONE YEAR BE LIFTED.

WHEN A CITY OR COUNTY PASSES A NEW BUILDING CODE THEY DON'T FORCE EVERY EXISTING HOME TO COMPLY OVERNIGHT THEY OFFER STANDARD TROE PLACEMENTS. WE'RE ASKING FOR THE SAME STANDARD OPERATING PROCEDURE. ON BEHALF OF PORT ST. JOHN I THANK YOU FOR YOUR ATTENTION TO OUR REQUEST.

DO ANY BOARD MEMBERS HAVE QUESTIONS?

>> WE WILL GET TO THAT LOOKS LIKE HER ONLY STOP DOES AND.

THANK YOU FOR YOUR PRESENTATION. >> YES, I MAY HAVE MORE BUT I JUST WANTED TO FOLLOW UP ON YOUR LAST AREA OF STATEMENT.

AND THAT IS, AS I'M INTERESTING, BASED ON WHAT YOU SAID, IT'S NOT THE INTENT OF THE HOA TO CON INSTRUCT TON INSTRUCT THE ENTIR WHILE IN ONE FEES. IT WOULD GIVE INDIVIDUAL OWNERS THE RIGHT TO GO TO UP 10 FEET ON THEIR WALL.

IT -- I'M SORRY. >> I I GUESS I'VE GOT CONCERNS ABOUT THIS WALL BEING SEPARATELY CONSTRUCTED OVER TIME, AND WITH CONCERNS ABOUT ABOUT THE AESTHETICS OF ONE WALL HEIGHT AND ONE OTHER WALL HEIGHT, PROGRAMS DIFFERENT CONSTRUCTION METHODS OR MATERIALS, ALL OF THAT.

IT WOULD, MOST DEVELOPMENTS, HOA DEVELOPMENTS THAT HAVE OREGON MEANTAL WALLS BRICK WALLS FOR WHATEVER REASON A WALL AROUND THEM, PLANNED UNIT DEVELOPMENTS HAVE A UNIFIED APPEARANCE OF WALL. AND SO, THAT'S I GUESS THAT'S

MAIN QUESTION AT THIS POINT. >> OKAY.

YOU ARE CORRECT, IN THAT HOA IS NOT REQUIRING ALL HORMUZ TO DO THIS FENCE ALL AT THE SAME TIME. THE EXISTING FENCE WAS PUT IN BY THE DEVELOPER AND IT WAS YOUR STANDARD WOODEN PRIVACY FENCE.

I BELIEVE IT'S THE INTENT OF MOST HORMUZ TO REPLACE THE SAME FENCE, WHICH IS TO THE PRIOR HEIGHT.

AND I ALSO DO UNDERSTAND YOUR CONCERNS YOU KNOW REGARDING THE POTENTIAL FOR THE VARYING FENCE HEIGHTS.

BUT WE WOULD NOT WANT TO FORCE AN IMMEDIATE COMMUNITY WIDE FENCE REPLACEMENT AS THAT MAY IMPOSE AN B AN UNFAIR FINANCIAL BURDEN ON SOME RESIDENTS. IT ALSO YOU KNOW, WE HAVE MANY HORMUZ THAT HAVE REPLACED THEIR FENCES OVER THE LAST NUMBER OF YEARS AND SOME MIGHT SAY IT'S KIND OF ENVIRONMENTALLY IRRESPONSIBLE AND FINANCIALLY WASTEFUL TO DISCARD AN ASSET THAT STILL HAS SEVERAL YEARS OF MEAN FULL LIFE SPAN.

OUR COMMUNITY IS JUST ASKING FOR THE ABILITY TO UP GRADE OUR FENCES OVER TIME, RATHER THAN MEND FRIDAY ASSESSMENT.

I CAN SAY WHEN YOU'RE DRIVING DOWN OUR ROAD, YOU DON'T EVEN SEE THE FENCES BECAUSE THEY'RE JUST ALONG THE BACK PROPERTY LINE BETWEEN OUR COMMUNITY AND THE OTHER COMMUNITY.

>> OKAY. WELL, I'LL JUST ADD IN LISTENING TO YOU THAT THERE'S A BIG DIFFERENCE BETWEEN A SIX FOOT HIGH WALL AND EIGHT FOOT HAS A LOT MORE LATERAL, HAS TO BE DESIGNED FOR STRONGER LATERAL WIND FORCES AND REQUIRES ADDITIONAL SUBSTANTIAL STRUCTURAL SECURITY.

SO THE DESIGNS MAY NEED TO BE SUBSTANTIALLY MORE AMBITIOUS.

[00:25:04]

THAT'S ALL I'LL ADD. >> I THINK THAT IS SOMETHING THE HOA COULD RESOLVE THROUGH ARCHITECTURAL REVIEW COMMITTEE.

>> WE COULD PUT SOME RULES IN PLACE TO MAKE SURE THAT IT IS A CONSISTENT SOME TIME AND THAT FOR THOSE THAT DO GO UP TO THE TEN FEET HAVE THE STRUCTURAL POST THAT WOULD BE REQUIRED.

>> AND I GUESS IN LISTENING TO YOU, IS NOISE THE MAIN PROBLEM?

>> IT IS A BIG PROBLEM. BUT THERE'S ALSO THE VISUAL IMPACT, AS I WAS DESCRIBING. EVEN THOUGH YOU KNOW THE FENCES ARE NOT GOING TO COMPLETELY ELIMINATE THE NOISE EVEN THE HIGHER THE FENCE, IT GOES DOWN A LITTLE BIT.

>> I'LL JUST ADD, NOISY NEIGHBORS ARE NOT UNUSUAL AND WE WOULD HAVE A LOT OF TEN FOOT FENCES IN THIS COMMUNITY IF THAT

WERE THE MAIN REASON. >> MM-HMM.

WELL, I GET THAT AND I COMPLETELY DO BUT UNFORTUNATELY ESPECIALLY ON THE NORTH BORDER IT'S A BAR AND IT'S VERY INCOMPATIBLE LAND USE IN ALL THESE RESIDENTIAL AREAS.

THAT WAS SOMETHING THAT HAPPENED 20 YEARS AGO.

>> OKAY. THANK YOU.

ANY OTHER QUESTIONS FROM BOARD MEMBERS? NOT RIGHT NOW? ALL RIGHT, PUBLIC COMMENT.

ANYONE HERE WISH TO SPEAK TO THIS ITEM? PLEASE COME UP, GIVE US YOUR NAME ADDRESS AND YOU'VE GOT 3 MINUTES. YOU CAN GO TO ANYONE OF THE

MICROPHONES UP HERE. >> THANK YOU.

I HAVE MY PRESENTATION. I TURNED IN SOME NEIGHBORS NUMBERS SO THAT I COULD HAVE TEN MINUTES.

DEBBIE SHARP. >> WE HAVE DEBBIE SHARP

PRESENTATION. >> THANK YOU SO MUCH.

THANK YOU BOARD. THANK YOU SO MUCH FOR THE TIME AND HOPEFULLY ALL OF YOU HAVE THE PRESENTATION I SUBMITTED AND I'M SORRY. DEBBIE SHARP, 1040 HOLLY BERRY LANE. NOT SURE IF HAVE BEEN HAS SEEN THIS PRESENTATION. BEFORE I START WE HAVE AN UNUSUAL SITUATION THE PROPERTY ADJACENT TO US IS, I'M ON THE IN ORDER SIDE OF THE PROPERTY, LOOKS LIKE THIS.

THE RED IS CHT AND THE GREEN IS RM.

SO I'M JUST SHOWING THAT. THIS PROPERTY IS 100 FEET AT ITS LARGEST OR WIDES OF THE AREA, AND I THOUGHT THAT WAS IMPORTANT POINT FOR PEOPLE TO KIND OF BE ABLE TO SEE AND VANISH ACTUALIZE WHAT THIS LOOKS LIKE. THEN IF I GO BACK TO THE SLIDES, OH, THANK YOU. I'M SORRY ABOUT MY BACK AND FORTH TOO. I'M GOING TO SKIP AHEAD.

OKAY. SO, WE WERE HERE THREE YEARS AGO, AND THIS BOARD GRACIOUSLY APPROVED AN 8 FOOT FENCE FOR YOU. WE ARE VERY THANKFUL FOR THAT FENCE AND THINGS WERE GOOD FOR A WHILE.

WHAT REALLY HAS HAPPENED SINCE THEN IS A LOT, AND I'M NOT GOING TO BORE WITH YOU ALL OF IT YOU ABOUT SHARE SOME OF IT 3 YEARS AGO YOU APPROVED THE 8 FOOT BECAUSE OF THE CONDITIONS.

WE CAME UP AND BASICALLY SHOWED A LOT OF THE CHALLENGES WE HAD, A LEGAL BURNING, A LOT OF THE TRAILERS DIDN'T HAVE HEAT SO PEOPLE WOULD BURN ALL NIGHT LONG CONSISTENT NOISE CAT SANCTUARY IN BACK VIOLENT ALTER OCCASION AND I THINK I SUBMITTED A VIDEO THAT GOT BANNED. I DON'T KNOW IF YOU ALL REMEMBER ME BUT WAYS THE ONE WITH THE BANNED VIDEO.

SO OVER THE LAST COUPLE OF YEARS, THE NEWEST OWNER HAS INCREASED THE SCOPE AND THE USE OF THIS PROPERTY.

CLEARED THE VEGETATION, AND THAT IS ONE OF THE BIGGEST CHALLENGES THAT WE FACE. IS THAT THERE WAS A NATURAL BUFFER BEHIND THAT EIGHT FOOT FENCE AND SO WHEN YOU LET US PUT UP THAT 8 FOOT FENCE WE HAD VEGETATION BACK THERE AND IN THE LAST THREE YEARS HE'S WIPED OUT ALL OF THE VEGETATION.

THERE'S NO BUFFER BETWEEN THOSE MOBILE HOMES AND OUR FENCE LINE.

AND SO THAT'S A BIG THING. THE OTHER THING THAT'S HAPPENED IS HE ILLEGALLY PAVED THE ROAD. THIS USED TO BE A DIRT ROAD THAT DIDN'T HAVE A LOT OF TRAFFIC BECAUSE PEOPLE TODAY TRAVEL DOWN. THIS I WISH I HAD A PICTURE OF THIS ROAD BUT THIS LITTLE SINGLE LANE DIRT ROAD SO NOT A LOT OF TRAFFIC CAME DOWN. MOST PEOPLE ACTUALLY CAME IN BY

[00:30:01]

BOAT BUT NOW IT'S BEEN PAVED AND IN MAIFG IT BRINGS MORE TRAFFIC.

THEY SPEED TOWN THE ROAD. DO BURN OUTS, YOU NAME IT AT ALL HOURS SO THAT ILLEGAL PAVED ROAD BRINGS IN MORE TRAFFIC AND A LOT MORE NOISE. THE OTHER THING THAT HAPPENED THAT WAS REALLY HUGE AND TOOK US NINE MONTHS WAS WE WENT FROM SEEING ALL THE TREES CLEARED AND VEGETATION REMOVED TO RV'S AND BOTH AND STORAGE AND EVEN SOME PEOPLE LIVING OUT OF THOSE RV'S AND THEN WHAT HAPPENED NEXT JUST A COUPLE MONTHS AGO WAS A U-HAUL BUSINESS APPEARED, AND I MEAN, I HAVE A PICTURE I'M GOING TO SHOW YOU. THIS IS NOT AN A.I. IMAGE.

THIS IS WHEN YOU DROVE INTO OUR PROPERTY YOU WHAT SAW ON THAT SIDE. 50 U-HAUL TRAILERS.

IT TOOK CODE TEN MONTHS TO GET RID OF U-HAULS.

YOU CAN IMAGINE WHEN THEY HIT SPEED BUMS THE SOUND THOSE EMPTY THINGS MAKE WHEN THEY'RE RIGHT BEHIND YOUR HOUSE OR WHEN THEY BACK UP UPAND PARK AGAINST YOUR FENCE AND THE BEEPING IS GOING ON BECAUSE THEY'RE TURNING INTO A COMMERCIAL U-HAUL THAT LASTED NINE MONTHS TO GET RID OF THIS. OTHER CONDITIONS.

IF I GO BACK -- I'M SORRY. THANK YOU.

I OWE SOMEBODY DINNER FOR THIS. OKAY.

SO WHY IT'S NOT ENOUGH. SO, NOT ONLY CLEARED THE BUFFER AND INCREASED THE SCOPE ILLEGALLY PAVING THE ROAD THE U-HAULS THERE ARE OTHER THE CONDITIONS AND HE HAS RECENTLY PAINED ALL THE TRAILERS RIVER TOWN BLUE.

AND THEY DO LOOK BETTER, BUT THEY STILL DON'T HAVE HEAT AND AIR. THERE ARE STILL PEOPLE THAT LIVE OUT OF RV'S ON OCCASIONS ON THIS PROPERTY.

THERE IS A CAT COLONY. THAT IS AN ACTUAL PICTURE.

THE TRAILER IS BLUE. CATTY CORNER TO ME IS A LADY THAT LOVES CATS AND PEOPLE JUST COME AND DROP THEM OFF AND WE HAVE BEEN TOLD IT'S A CAT SANCTUARY AND IT'S ALLOWED BUT THOSE CATS COME INTO OUR PATIO, THEY RUIN YOUR CUSHIONS OR YOUR PILLOWS AND IT'S NONSTOP, AND SO THAT'S ANOTHER REASON FOR THE FENCE. THE OTHER THING IS ILLEGAL DRILLING HAS BEEN USED FOR RENT. YOU CAN IMAGINE THIS LOVELY PARCEL HERE, IT HAS NO RUNNING WATER.

IT WAS RENTED OUT UNTIL IT GOT BROUGHT TO CODE'S ATTENTION AND CODE CANCELED IT BUT THERE WAS SOMEBODY LIVING IN THAT SHED AND IT'S NOT FAR. CAN YOU SEE THE CLOSE TO THE FENCE LINE THERE THAT IT IS. THESE ARE JUST SOME OF THE PRIDE REPORTS THERE. ARE HUNDREDS OF THEM, JUST HUNDREDS OF PRIDE. THAT'S NOT THE SHERIFF REPORTS, THAT'S NOT THE FIRE PERIOD, THAT IS JUST PRIDE TICKETS HOV 2025 ALONE HAD OVER 25, IN 2025 ALONE SOME OF THE BIG ONES THE U-HAUL THE ILLEGAL TREE CLEARING THE ILLEGAL ROAD PAINING EXPOSED LIVE WIRE, WIRE FRAUD SHED RENTAL, I CAN'T MAKE THIS STUFF UP. IT'S JUST INCREDIBLE.

THE TREE CLEARING, I WANTED TO PROVIDE YOU EVIDENCE OF WHEN WE SAY THE BUFFER WAS REMOVED. THOSE TWO, THAT CIRCLE, THOSE TWO TREES WERE ACTUALLY ON MY PROPERTY THAT THEY TOOK DOWN AND WHEN THEY TOOK IT DOWN, IT ACTUALLY TOOK DOWN THAT LOVELY 8 FOOT FENCE AND NOW MR. GREEN I KNOW YOU VOTED FOR LAST TIME THAT 8 FOOT FENCE WENT UP AND HE CUT DOWN MY TREES AND TOOK DOWN THAT 8 FOOT SENSE SO THAT'S WHAT THIS PICTURE IS.

THAT IS ONE OF THOSE TREES ONE OF MY TREES THAT HE TOOK DOWN IN DESTROYING THE REJ TAKES BUFFER AND HE TOOK DOWN MY NEW 8 FOOT FENCE AND HEDGES THAT YOU ALL GAVE ME PERMISSION TO PUT UP LAST TIME. THIS IS NOW WITH THE BACK OF THAT PROPERTY LOOKS LIKE. IT USED TO HAVE BEAUTIFUL TREES AND VEGETATION. THIS IS MY BACKYARD.

AND ON THE LEFT, WHERE AS BEFORE THE RIGHT SIDE THAT SAYS "AFTER" WAS ABOUT SIX MONTHS AGO. IT NOW NO LONGER HAS THOSE TWO TREES ON EITHER SIDE AND ALL THE VEGETATION YOU SEE IS ON AND ADJOINING PROPERTY OF A ENABLE OR THAT IS HERE TODAY SO THAT VEGETATION BUFFER EXPOSES TRAILERS THAT WEREN'T THERE BEFORE. THAT'S A LOVELY NEW TRAILER THAT

[00:35:02]

GOT ADDED OVERNIGHT, MIDNIGHT GOT DROPPED ONE NIGHT AND THIS IS HOW CLOSE THOSE TRAILERS ARE TO OUR PROPERTY LINE.

SO THAT YELLOW LINE AND THAT WONDERFUL MAN IN THAT PICTURE ON THE LEFT IS MY HUSBAND AND HE'S GOING THE GET UP AND TALK TO YOU ALL TO BUT THE YELLOW LINE THAT IS THERE IS OUR PROPERTY LINE.

AND YOU CAN SEE HOW CLOSE THOSE TRAILERS ARE TO OUR PROPERTY LINE. SOME OF THEM I'M SURE ARE NOT TEN FEET BACK. AND AGAIN, THAT'S THE CAT LADY AND SHE'S A NICE LADY. SHE JUST LOVES CATS AND IT'S MORE THAN ENOUGH, AND THE OTHER PERSON IN THE PICTURE THERE, THE ONE IN THE MIDDLE THAT TREE IS ACTUALLY RIGHT ON THE PROPERTY LINE. THAT BIG TREE IS RIGHT ON THE PROPERTY LINE. SO YOU CAN SEE THE TRAILERS.

IF THE FENCE WAS ON THE PROPERTY LINE EXACTLY HOW CLOSE THOSE TRAILERS ARE TO OUR PROPERTIES. SO, YOU KNOW, YOU GUYS KNOW THE LDC BETTER THAN EVERYBODY. MY BIGGEST CHALLENGE IS IT CLEARLY SAYS GRANDFATHERED PROPERTIES ARE NOT TO BE ENCOURAGED TO SURVIVE AND THEY'RE NOT TO BE ENHANDLE AND THEY'RE NOT TO BE EXPANDED OR INTENSIFIED AND I CONTINUE NOPE WHAT ELSE A COMMERCIAL U-HAUL BUSINESS IS AN ILLEGAL PAVED ROAD ILLEGAL RENTING OUT OF TRAILERS IF NOT EXPANDING THE SCOPE OF A PROPERTY. AND IF THAT WOULD HAVE TO BE BROUGHT UP TODAY'S STANDARDS IT WOULD REQUIRE A 230 FOOT VEGETATION BUFFER AND THAT WOULD BE ON HIM NOT US AND ALL WE ARE ASKING FOR IS TO BE ABLE TO PROTECT OUR OWN PROPERTIES SO MY ASK FOR YOU IS TO HELP US. HELP US GET A LITTLE BIT

NORMALCY BACK AND THANK YOU. >> THANK YOU.

APPRECIATE IT. ANY OTHER PUBLIC COMMENT? NAME AND ADDRESS FOR THE RECORD PLEASE.

GOT THREE MINUTES. UNLESS YOU HAVE A LETTER THAT

YOU HAVE MORE TIME. >> NO.

>> OKAY. >> MY NAME IS BRIAN CHEEK.

AND MY ADDRESS IS 149 HOLY BERRY LANE.

>> GOOVNLT I TWO LIKE TO HAVE THE OPPORTUNITY TO REQUEST BUILDING A TEN FOOT FENCE IN MY. OVER THE LAST YEAR NEIGHBORS SOUTH OF ME HAVE PLACED EYESORES AND PROPERTY INVASIONS ON THE PROPERTY LINE. FOR EXAMPLE HERE IS A PHOTO OF TWO DISCONNECTED JOINED FENCE SEGMENTS THE OWNER ERECTED THERE IN THE RED CIRCLES. THERE IS ABOUT, I GUESS 230 -- 20 FEET BETWEEN THOSE. ALSO, THEY UP A TRAIL CAMERA POINTING AT OUR KITCHEN WINDOW WHERE MY FAMILY EATS.

THAT'S MY WINDOW AND THE RIGHT SIDE IS THE ACTUAL TRAIL CAMERA ITSELF. I DON'T BELIEVE THEY'RE ACTUALLY IMPACTED BY THESE EYESORES BECAUSE I DON'T THINK THIS PROPERTY IS NOT THEIR HOMESTEAD, SO ALLOWING A TEN FOOT FENCE IS THE A STRAIGHT FORWARD NON-INVASIVE WAY TO PROTECT MY PROPERTY LINE AND PRESERVE MY FAMILY'S PRIVACY.

THANK YOU FOR YOUR TIME AND CONSIDERATION.

>> THANK YOU. ANY OTHER SPEAKERS OR PUBLIC COMMENT? IF THERE ARE MORE SPEAKERS YOU ALL CAN COME ON UP TO ONE OF THE MICROPHONES AND GET IN LINE.

ALL RIGHT. NAME AND ADDRESS FOR THE RECORD.

>> MARY SCHROEDER 144 HOLLY BERRY.

I ACTUALLY LIVE ON THE NORTH SIDE AS WELL.

THIS IS THE AERIAL VIEW OF MY HOME FROM 2021 TO 2025 AND AS YOU CAN SEE THE ENTIRE BUFFER IS GONE FROM THE BACK OF AMITY.

THIS IS GHAIT USED TO LOOK LIKE WHEN WE BOUGHT THE HOUSE.

THIS IS 2024 WHERE YOU SEE SOME OF IT AND THIS IS 2025 WHERE IT'S ALL GONE. SO I DO APPRECIATE MY EIGHT FOOT FENCE BUT DO I HEAR TRACK FORCE AT 11-12:00 AT NIGHT.

I DO SEE FIRES THAT ARE AT LEAST SIX FEET FROM MY FENCE THAT ARE NOT IN BARRELS. THEY ARE NOT PROTECTED.

THEY'RE JUST WILDFIRES THAT PEOPLE ARE BURNING AT ALL HOURS OF THE NIGHT, AND HAVING BEEN CANCER-FREE FOR 12 YEARS I DON'T NEED EXTRA SMOKE IN MY LUNGS SO AN EXTRA 10 FOOT FENCE EVEN THOUGH YOU SAY IT PROBABLY ISN'T GOING TO BE VERY BENEFICIAL, YOU WOULD BE SURPRISED AT HOW IT WOULD HELP.

[00:40:01]

SO THANK YOU. >> THANK YOU.

>> GOOD AFTERNOON. I'M GEORGE SHARP, 144 HOLLY BERRY LANE. HERE TO RESPECTFULLY REQUEST YOUR APPROVAL FOR 10 FOOT FENCE ASKING FOR THE SITE OF TO PROTECT MY HOME AND SAFETY. THE JAYS ENLT PROPERTY TREATING IT COMMERCIALLY HE REMOVED ALL THE NATURAL VEM TATE I HAVE BUFFER THAT PREVIOUSLY SEPARATED OUR LOTS.

I BROUGHT TWO PHOTOGRAPHS TO SHOW THIS IS FROM PROPERTY APPRAISERS WEB SITE IT SHOWS YOU COULDN'T EVEN SEE MY HOUSE ON THE PASS BETWEEN THESE TWO TRAILERS.

THERE IS THE ILLEGAL TRAILER THAT HE MOVED AT ONE POINT AND THEN SHOVED IN THIS BLUE THING AFTERWARDS.

BUT NOW YOU CAN ACTUALLY CLEARLY SEE IT'S MY HOUSE IN THE BACKGROUND WHICH WASN'T VISIBLE SO HE'S REMOVED EVERYTHING DOWN THE ENTIRE FENCE LINE AND I SAID, WITHOUT THE NATURAL BARRIER MY PROPERTY IS NOW ENTIRELY EXPOSED TO AN ON GOING MULTI-FACETED NUISANCE SO IT'S FIRST THERE IS THE DAILY DISRUPTION, WE CONSTANTLY HAVE TRASH BEING THROWN IN OUR PROPERTY FROM THE COMMERCIAL SIDE.

DIRTY DISHES FROM DINNER BOTTLES AND CANS, ZIP LOCK BAGS FULL OF HUMAN FECES, THE NOISE POLLUTION IS SEVERE UNRELENTING DURING EVENTS AT THE EVENT BAR, HOSTING LIKE BIKE EVENTS AND STUFF WHERE THERE'S HARD LIST LIKE RACE FROM SPEED BUMP TO SPEED BUMP BLASTING MUSIC, I FEEL BAD FOR TRAILERS THAT HAVE TO LIVE AROUND THAT. ON TOP OF THAT, THERE'S A KUBOTA TRACTOR FIRE UP 2-3 A.M. IN THE MORNING AND JUST RUN ALL NIGHT LONG TRANSPORTATION BACK AND FOR THE OR SOMETHING.

ALSO, SERIOUS HEALTH AND SAFETY AND CODE VIOLATION OCCURRING AGAINST THE PROPERTY LINE, MOBILE HOMES SITUATED BACK THERE ARE LOUD AND KEPT IN SUBSTANDARD CONDITIONS, THEY LACK BASIC NECESSITIES LIKE HEAT AIR CONDITIONING AND PROPER PLUMGS WHICH INVITES A HIGHLY PROBLEMATIC ELEMENT INTO THE IMMEDIATE AREA. WORSE, THE OWNERS OPERATE ILLEGAL RV STORAGE WHERE PEEL HAVE BEEN ON AND OFF ACTIVELY LIVING IN THE RV BECAUSE THERE IS NO PROPER SEWAGE HOOK UP THEY'RE DUMPING RAW SEWAGE ON THE GROUND.

YOU MIGHT ASK WHY I HAVEN'T TRIED TO RESOLVE, THE OWNER IS UNREASONABLE AND OPERATES IN BAD FAITH WE HAD A NEIGHBOR ASKED TO HAVE A TREE TRIM THAT HAD DEAD LIMB HE AGREED OFFERED TO PAY AFTER OF IT SAID I DIDN'T WANT THE TREE TRIMMED AND BACKED OUT OF IT. THAT'S THE KIND OF GUY WE DEAL WITH. HE SAYS HE OWNS THE COUNTY AND

GETS BY WITH HAVING SO I WONDER. >> BY THE WAY, I'M REMINDED ANY SPEAKER SHOWS ON THE OVER HEAD YOU NEED TO PLEASE TAKE OVER TO THE FOREIGN OVER THERE. GIVE IT TO THOSE LADIES AND THEY NEED THOSE FOR THE RECORD. THANK YOU.

GOOD AFTERNOON. >> I'M GEORGE E CAN KENROW, 108 HOLLY BERRY LANE FIRST HOUSE ON THE RIGHT I TWO LIKE TO SEE THE FENCE GO HIGHER MOSTLY ON NOISE POLLUTION.

THERE AT LEAST TWO OR THREE FAMILIES THAT LIVE OVER ON AMITY SIDE THAT ARE VERY LOUD BIKE MOTORCYCLE PEOPLE AND THEY DON'T CARE WHAT TIME THEY GO IN AND OUT AND USE THAT STRETCH IT'S ONE MILE STRETCH NOW PAVED ROAD TO GO AS FAST AS POSSIBLE.

THERE ARE NO SPEED BUMPS SO THEY JUST LEAVE.

THERE HAVE BEEN A COUPLE OF COLLISIONS CARS ACTUALLY GOING OFF THAT ROAD WHEN THEY GET TOO DRUNK FROM THE BAR.

THAT'S HAPPENED AND WE ARE THE FIRST PROPERTY, LIKE I SAID, SO I SEE ALL. THIS NOW WHEN HE DID CLEAN OUT ALL THE VEGETATION BEHIND ME, THERE IS PLENTY OF WOODS THERE NOW MISSING. IT'S NOW BECOME BECAUSE HE TOOK THE U-HAULS OUT BUT HE PUT BOAT TRAILERS IN AND NOW HE'S MOVING THE BOLT TRAILERS AROUND AGAIN AND LOCAL KIDS OUTSIDE OF OUR NEIGHBORHOOD ARE COMING IN WITH DIRT BIKES BECAUSE IT LOOKS BEAUTIFUL TO BURN UP THE LAWN WITH DIRT BIKES SO IT'S BECOMING

A REAL DISASTER THERE. >> THANK YOU.

APPRECIATE YOUR COMMENTS. >> THANK YOU.

ANYONE ELSE TO SPEAK? MR. WHITEHOUSE.

[00:45:07]

>> THANK YOU MR. CHAIR, FOR THE CHAIR JAMES WHITEHAWES 134 SEA GROVE ROAD ST. JOHNS FLORIDA, I'M HERE ON BEHALF OF KELLER ON STATE ROAD 13 NORTH WHICH IS DIRECTLY TO THE SOUTH OF THIS PROPERTY. THEY OWN THAT FULL 20 ACRES THEY'RE A RETIRED SENIOR COUPLE LIVING IN A SINGLE FAMILY HOUSE ON 19 PLUS ACHEERS THAT IS PREDOMINANTLY WOOD AND OPEN FIELDS. YOU HEARD A LOT OF DISCUSSION ABOUT THE NORTH SIDE OF THIS PROPERTY.

YOU DIDN'T HEAR A LOT ABOUT THE SOUTH SIDE TIME TALKING ABOUT THE FAMILY THAT LIVES ON THE SOUTH SIDE IN THE ANY CASE THIS IS THEIR REQUEST FOR REASONABLE CONSIDERATION OF THEIR CONCERNS AGAINST INCREASED FENCE HEIGHT TO BE INSTALLED AT RANDOM INTERVALS ON THEIR EXPANSIVE PROPERTY LINE.

YOU SEE FROM YOUR STAFF REPORT THAT THE REQUEST IS DUE TO PRIVACY AND NUISANCE CONCERNS BUT PARTICULARLY WHAT YOU HEARD IT'S ABOUT THE NORTH SIDE AND SO MY UNDERSTANDING IS THAT AFTER THEY APPLIED FOR THE NORTH SIDE WHEN YOU HAVE THE 8 FOOT VARIANCE PREVIOUSLY THE WHOLE NEIGHBORHOOD WANTED TO DO IT FOR BOTH SIDES, AND AGAIN, THIS IS THE SOUTH SIDE AS YOU SEE OUTLINED IN GREEN HERE. THE MIDDLE PROPERTY YOU SEE THE RED LINE IS THE FENCE LINE THAT THEY WANT ALONG MY CHINA'S PROPERTY. THE ORANGE LINE IS THE PART WHERE AMITY MARINA IS AND WE ARE NOT HERE TO TALK ABOUT THAT.

WE DON'T HAVE A PROBLEM WITH THAT AT ALL BUT WE DO HAVE A PROBLEM SOUTH SIDE ON THE PROPERTY LINE I BELIEVE IT'S INAPPROPRIATE REQUEST AS RLTS TO THE KELLER PROPERTY AND WHY PORT ST. JOHN SHOULD NOT BE GIVEN THE MINMOD.

THERE'S NO JUSTIFICATION FOR 10 FOOT FENCE ON THE SOUTH SIDE OF PORT ST. JOHN. THE APPLICANT HAS PROVIDED KNOW EVIDENCE TO SUPPORT INCREASED HEIGHT ON THE SOUTH PROPERTY LINE IT'S A RETIRED SENIOR COUPLE ON 19 ACRES NO BUSINESS OR COMMERCIAL ACTIVITY ON THEIR PROPERTY AND THERE EXISTING PVC PRIVACY FENCE AS ON THIS PICTURE HERE ON THEIR PROPERTY LINE THAEKSISTS. THE HOA IS REQUESTING INDIVIDUAL HORMUZ RANDOMLY BE ALLOWED IF THEY WISH TO INSTALL TEN FOOT FENCES ON THE KELLER PROPERTY LINE, HO HA IS NOT INSTALLING ANY FENCE AND THEREFORE WOULD BE UP TO EACH INDIVIDUAL OWNER AND THEREFORE COULD CREATE A HODGEPODGE APPEARANCE AS DEPICTED HERE INTENDED CONSEQUENCES IF THE MINMOD IS GRANTED. FINALLY AGAIN THE HOA IS REQUESTING INDIVIDUALS ON BOTH SIDES THE COMMUNITY BE ALLOWED IF THEY INSTALL IT A FEW OF THEM HAVE INSTALLED 10 FOOT FENCES IN VIOLATIONS OF COUNTY ORDINANCES. THE ONLY ONE OUR SIDE WHEN THE OWNER BOUGHT I REMOVED IT THEMSELVES AND REMOVED THEMSELVES FROM THE REQUEST. THIS IS WHAT IT LOOKED LIKE BACK

THEN. >> SUMMARY LACK OF JUSTY CASE FOR TEN FOOT FENCE SIDE SOUTH, EXISTING SIX FOOT FALL PVC PRIVACY FRIENDS SOUTH LINE SOUTH AS YOU IS FREE STAFF REPORT THERE'S NO EVIDENCE PROVIDED OF SIMILAR ISSUES ALONG THE SOUTH PROPERTY LINE. FINALLY AS WE TALKED ABOUT, YOU DON'T USUALLY SEE THIS BUT THE PEOPLE THAT APPARENTLY ARE THE MOST AFFECTED BY IN STRUCTURE THAT WAS LEGALLY CONSTRUCTED ON MY CLIENT'S PROPERTY, THEY'VE SPECIFICALLY REMOVED THEMSELVES FROM THIS MINOR MOD. YOU SEE THAT IN THE STAFF REPORT. THE PROPERTY ADJACENT TO THE PROPERTY THE OWNERS ELECTED TO WITHDRAW AND THEREFORE DO NOT NEED THIS MINOR MODIFICATION SO ONES THAT SAY THEY MAYBE AFFECTED BY THIS HAVE REMOVED THEMSELVES FROM.

THIS AGAIN THIS IS THE CURRENT FENDING THE UNINTENDED CONSEQUENCE OF A MINMOD VARIANCE IS GRANTED IF APPROVED THIS COULD BE THEIR SIDELINE WITH A HODGEPODGE OF FENCES.

>> THANK YOU. >> YES, SIR.

>> MY NAME IS DR. DONALD FREEDMAN.

I'M OWNER OF THE PROPERTY NORTH OF THE AMITY PROPERTY.

I'VE OWNED THAT PROPERTY SINCE 2006.

AMITY BAR AND MARINA WAS NOT THERE IN 2006.

[00:50:03]

IT WAS A HOMESTEAD, DUE TO AN ILLEGAL REFORMING OF THAT PROPERTY AND DUE TO A CORRUPT COMMISSIONER IN 2007 WHEN THE PROPERTY WAS SOLD, THE COUNTY ALLOWED A BAR AND MARINA WITH ONLY BEER AND WINE SOLD, PER STATE, EXCEPT THEY DO OTHER ALCOHOLIC BEVERAGES AT THE SAME TIME.

I BUILT MY HOUSE IN 2007. FORMER OWNERS OWNED IT THEN AND THEY MADE JAWS MESS OF IT, IT THE BAR IS A JOKE.

THEY DON'T ADHERE TO HOURS AND THEY DON'T ADHERES HERE TO THE REGULATIONS THE COUNTY SET FORWARD FOR THEM AND IT HAS BECOME KNOWN AS THE MANDARIN BIKER BAR.

THAT'S BAD ENOUGH FOR PEOPLE THAT GO THERE AND SPEND THEIR MONEY THERE BUT WE ARE RIGHT NEXT DOOR.

MY HOUSE IS 30 FEET FROM THEIR BAR.

I'VE HAD PEOPLE COME INTO MY YARD DISPOSING OF TRASH AND WE SOMEBODY COME INTO MY YARD, PULLS HI PANTS DOWN AND PEED ON MY GRASS. THIS IS A CLASS-ACTION IN THIS BAR DEAL AND YOU ALL NEED TO KNOW I FULLY SUPPORT A TEN FOOT FENCE. I OWN THE ENTIRE PROPERTY ON THE NORTH SIDE OF THE AMITY PROBLEM AND ALSO HALF OF FRIENDSHIP DRIVE BY DEED AND HAVE THE NOTHING BUT OVER THE AMITY PROPERTY THE ROAD FRIENDSHIP DRIVE THEY ILLEGALLY DUMP ON MY LAND AND THEY DUG THEIR LITTLE PONDS FOR THE ROAD CORRECTION, THEY DUMPED THE DIRT ON MY LAND. AND THEN THEY FILLED THE HOLES.

LIVING THERE IS A NIGHTMARE AND I THEN A 10 FOOT FENCE WOULD CERTAINLY ADD TO THE VALUE, THE BEAUTY AND AMBIENCE AND LIVEABILITY OF BOTH OF OUR PROPERTIES.

THANK YOU. >> THANK YOU VERY MUCH.

ANYONE ELSE TO SPEAK ON THIS ITEM? THIS IS GOING TO BE IT. THIS IS GOING YOUR LAST CHANCE TO SPEAK. ALL RIGHT.

I'M GOING ASK YOU A QUESTION. Y YES. YOU HAD THE TEN MINUTES, RIGHT?

>> I WAS GOING TO INQUIRE ABOUT A REBUTTAL.

IS THERE SOME ONE ELSE THAT NEEDED SPEAK?

>> SOMEONE ELSE WANTS TO SPEAK? [INAUDIBLE]

>> WELL, SHE WAS SORT OF THE REPRESENTATIVE OF YOUR NEIGHBORHOOD, SO I'LL ASK HER THE QUESTION, BUT YOU CAN DO A REBUTTAL. IF YOU WISH, SINCE THERE ARE NO

OTHER PUBLIC SPEAKERS >> SHOULD DO I MY REBUTTAL FIRST OR DO YOU WANT TO ASK YOUR QUESTION FIRST?

>> LET ME ASK A COUPLE. HOW MANY HOUSES IN YOUR NEIGHBORHOOD AND HOW MANY OF THE OWNERS ARE IN FAVOR OF THE

FENCE? >> OKAY.

WE HAVE 24 HOMES IN OUR NEIGHBORHOOD.

FOUR OF THEM ARE ON THE RIVER. AND ONLY ONE OF THEM IS ALONG THE SOUTH BOUNDARY, SO THE OTHER THREE HOMES ARE NOT REALLY AFFECTED BY IN. AND THEN THERE'S ONE INTERIOR HOME, SO IT IS 20 HOMES THAT ARE ACTUALLY AFFECTED BY THIS FENCE, AND THEY ALL SIGNED AN OWNER'S AUTHORIZATION FORM EXCEPT FOR

ONE. >> AND WOULD A FENCE ONLY ON THE NORTHERN BOUNDARY SATISFY THE REQUIREMENTS AND CONCERNS OF

YOUR NEIGHBORHOOD? >> THAT, IT WOULD BE -- I WILL ADMIT IT'S THE ABSOLUTE MAJORITY OF WHAT NEEDS TO HAPPEN.

BUT IN RESPONSE TO M MR. WHITEHOUSE.

>> MR. WHITEHOUSE. >> WHITEHOUSE I'M SORRY.

SO THE KELLERS THEY DO LIVE ON THAT PROPERTY BUT THEY DO NOT LIVE THERE FULL-TIME. THEY OWN ANOTHER PROPERTY IN WHICH THEY LIVE A GOOD PORTION OF THEIR TIME AS WELL.

HIS DRIVEWAY ON HIS PROPERTY IS ON THE COMPLETE OPPOSITE SIDE OF HIS 20 ACRE PARCEL SO THE CONCERNS, WHILE I UNITED STATES HIS CONCERNS ABOUT THE VISUALNESS OF YOU KNOW VARYING FENCE HEIGHTS, A GOOD PORTION OF THAT FENCE LINE STILL HAS SOME VEGETATION. I KNOW OF ABOUT I THINK IT'S FOUR HORMUZ, WHERE A TREE FROM THE KELLER PROPERTY FELL DOWN AND IT WAS OUT THERE FOR A COUPLE OF WEEKS.

THERE WAS NO ACTIVITY SO THEY REACHED OUT TO MR. KELLER TO

[00:55:02]

INFORM HIM THAT A TREE HAD FALLEN DOWN SO IF HE'S DRIVING UP HIS DRIVEWAY ON THE OTHER SIDE OF THE PROPERTY AND HE'S NOT SEEING HIS TREES FALLING DOWN, I'M NOT SURE THERE'S A REAL -- I WOULD PROBABLY DISAGREE THAT THE VISUAL PROBLEM FOR VARYING FENCE HEIGHTS IS GOING TO BE A SEVERE ISSUE.

THAT'S MY OPINION. >> ALL RIGHT.

LET ME ASK MR. WHITEHOUSE THIS QUESTION BEFORE YOU PROCEED.

JAMES, THAT IMAGE YOU SHOWED IT TWICE, YOU SAID THIS WAS THE VISUAL SITE LINE FROM THE KELLER PROPERTY OF WHAT VARYING FENCE HEIGHTS TWO LOOK LIKE. WAS THAT AN A.I. GENERATED?

>> YES, SIR. >> OKAY.

THAT'S WHAT I THOUGHT. IT'S NOT AN EXIST.

>> NO NO THAT WAS WHAT IT COULD BE.

>> OKAY, THANKS. APPRECIATE THAT.

THANK YOU. OKAY.

>> THAT WAS MOST OF MY REBUTTAL, AS FAR AS THE SOUTH SIDE.

I DO AGREE FLORIDA THE NORTH SIDE IS 98 PERCENT OF OUR COMMUNITY'S ISSUE. THE CONCERN, THE PEOPLE ON THE SOUTH SIDE HAS IS, AS MR. WHITEHOUSE STATED, OLDER SENIOR RETIRED COUPLE, AT WHAT POINT DO THEY SELL THEIR PROPERTY, AND ARE WE GOING TO HAVE TO DEAL WITH WHAT WE ARE DEALING WITH ON THE NORTH SIDE. I MEAN, MANY OF OUR HOMEOWNERS

ARE JUST VERY CONCERNED. >> I'M SURE THEY ARE.

>> I'M LOOKING TO WE ARE JUST PROTECTING OUR COMMUNITY.

WE ARE IN THE MIDST OF TWO INCOMPATIBLE LAND USES AND WE ARE LOOKING OUT FOR OUR INVESTMENTS.

>> UNDERSTOOD. OKAY.

QUESTIONS FROM THE BOARD, MR. LABANOWSKI.

>> MR. WHITEHOUSE A QUICK QUESTION.

THERE WAS A CONCERN ABOUT THE LIGHTS COMING OFF OF THE LARGE BUILDING AND WHEN I WAS OUT THERE, I NOTICED THE LIGHTS WERE ON DURING THE DAYTIME. CAN THAT BUT PUT ON MOTION

SENSOR? >> SURE.

>> THE HEIGHT DOES SHINE RIGHT INTO THERE.

SO PUT A MOTION SENSOR ON THAT. >> YES, SIR.

>> I DON'T SEE AN ISSUE ON THE SOUTH SIDE.

SOME OF THE FENCING WAS ACTUALLY MOVED AROUND TREES.

>> PROBABLY SO YES. >> YES TWLERKS MOVED AROUND THE TREES SO THE PEOPLE ON THE NORTH SIDE OF THAT FENCE THEY GAINED A LITTLE BIT OF PROPERTY FOR THEMSELVES TO USE BECAUSE IT BROUGHT THE FENCE MORE INTO HIS PROPERTY TO CLEAR THE TREES.

SO I WAS HAPPY THE TREES WEREN'T TAKEN OUT.

I KNOW I AM A LITTLE CONCERNED ABOUT THE NORTH SIDE.

THE NORTH SIDE IS BAD. >> VERY BAD.

>> WHEN I DROVE THROUGH THERE I DID NOTICE THERE'S VARIOUS SIZES OF FENCES ON THE WOODEN FENCE. IT LOOKED LIKE EIGHT APPEARED THERE WAS SOME OF THEM WERE SIX AND SOME OF THEM WERE AT EIGHT.

I DIDN'T GET OUT AND MEASURE. >> OKAY, YEAH.

>> BALLS YOU CAN'T TRESPASS. >> WELL, HISTORICALLY JUST TO PROVIDE SOME BACKGROUND WHEN THE NEIGHBORHOOD WAS DEVELOPED THAT FENCE THAT GOES ALONG THE NORTH SIDE PROPERTY, THEY HAD THE DEVELOPER HAD BUILT A BERM AND PUT THE FENCE ON THE BERM AND OVER TIME SOME OF THE HOMEOWNERS HAVE REMOVED THE BERMAN IT'S HARD TO MAINTAIN SO THAT'S PROBABLY A PORTION OF THAT.

SO WHAT YOU SAW. >> THE ONLY CONCERN I HAVE IS WITH THE NORTH SIDE COMMUNITY AMITY GOING IN THERE AND CLEARING PROPERTY THAT WASN'T EVEN THEIRS.

I HAVE CONCERNS OVER THAT MR. JACOBS I HAVE A QUICK QUESTION IS. IS THERE ANY OUTSTANDING PRIDE REPORTS RIGHT NOW? THERE'S A LIST SHOWN BUT SOME OF THOSE ARE PROBABLY EXPIRED OR CLOSE.

>> FOR THE RECORDS JACOB SMITH WITH GARTH MANAGEMENT TO MR. LABANOWSKI'S QUESTION I DON'T BELIEVE THERE ARE CURRENT PRIDE VIOLATIONS FOR THE AMITY PROPERTY.

>> I NOTICE THE U-HAUL IS GONE BUT I DID NOTICE THERE WAS A LOT OF MISHMASH IN THERE AND I HAVE NO IDEA ON THE SEWER SO IT'S HARD TO TELL THAT. THE TWO FOOT DIFFERENCE BETWEEN EIGHT FOOT AND TEN FOOT IS MAJOR.

WITHOUT THE PROPER SUPPORT THAT MUCH TEN FOOT, YOU GET A STORM, A BAD WIND STORM, IT'S COMING DOWN.

SO THAT'S ONE OF MY CONCERNS AND IT'S GOING TO HAPPEN I WOULD HATE TO SEE A MISHMASH OF FENCING.

OKAY, I DON'T WANT A TEN FOOT I'M GOING TO PUT UP A SIX FOOT.

THIS ONE IS GOING TO PUT UP PVC SO YOU'RE GOING TO HAVE A MISHMASH ON THE PROPERTY LINE. I'D MUCH RATHER HAVE IT SO

[01:00:03]

THAVSH HOWEVER IT GOES I'M GOING WITH THE NORTH SIDE.

ON THE NORTH SIDE EVERYBODY NEEDS TO PUT UP THE SAME FENCE AT THE SAME TIME NOT TWO YEARS FROM NOW OR FIVE YEARS FROM NOW.

IT SHOULD ALL HAPPEN AT THE SAME TIME BECAUSE IF THERE'S AN ISSUE ONE PROPERTY PUTTING UP THAT FENCE LEAVES BOTH SIDES OPEN,

SORRY THAT ARE BETTER ACCESS. >> I'M NOT SURE I UNDERSTAND.

>> YOU ARE TALKING ABOUT CATS GOING INTO NEIGHBORS YARDS.

OKAY. SO.

>> BUT EVERY HOMEOWNER ON THAT SIDE HAS A FENCE, BECAUSE IT WAS INPUT, IT IS INSTALLED BY THE DEVELOP EARLY SO THERE'S NO OPEN

AREA. >> LOOKED LIKE SOME OF IT WAS

DILAPIDATED A LITTLE BIT. >> TO BE HONEST, I CAN'T SEE WHEN IT I'M DRIVING DOWN THE ROAD.

>> I UNDERSTAND. I THINK WHL I WAS THERE I DIDN'T SEE EVIDENCE OF VEHICLES DOING BURN OUTS ON THE ASPHALT.

TY COULD SUPPORT IN BUT ONLY FOR THE NORTH SIDE.

>> MAY I ASK A QUESTION TO MR. WHITEHOUSE?

>> WHY NOT? SURE.

>> I KNOW YOU AND SORRY I THINK IT WAS YOU MR. LABANOWSKI THAT ASKED ABOUT THE LIGHTS ON THE BARN.

>> YES. >> TO BE TURNED OFF DURING THE

DAY. >> NOT DURING THE DAY.

PUT ON MOTION SENSOR. >> MOTION SENSOR WOULD PROBABLY BE BETTER. THEY ARE VERY HIGH AND UNFORTUNATELY THERE ARE SEVERAL HOMES WHERE THE LIGHT JUST FLOODS IN AND I'VE BEEN INSIDE ONE OF THOSE HOMEOWNERS IN THE

EVENING. >> I WAS THERE IN THE DAYTIME AND THE LIGHT WAS ON AND AFTER A HOMEOWNER COMMENTED THAT WAS PUT ON MOTION SENSOR THAT TWO TAKE CARE OF THE ISSUE REAL QUICK.

>> COULD THEY LOWER THEM DOWN? >> IF YOU HAVE IT ON MOTION SENSOR IT SHOULD TAKE CARE OF SITUATION.

>> YES AND THEY WILL. >> WOULD THEY DO THAT?

>> YEAH. >> OKAY I THINK IT TWO MAKE

THOSE FEW HOMEOWNERS HAPPY. >> THANK YOU.

THANK YOU. >> MS. SPIEGEL.

>> OKAY. THANK YOU.

YEAH, I DEFINITELY HAVE A COMPASSION FOR Y'ALL ON THE NORTH SIDE. I JUST AGREE SOMETHING NEEDS TO BE TAKEN CARE OF WITH THAT BUT I'M COMPLETELY NOT IN FAVOR OF JUST LEAVING THIS AS AN OPEN THING FOR PEOPLE TO DO MISHMASH.

I'M IN HOA LEADERSHIP AND A BIG THING LIKE YOU HAVE ASSESSMENT YOU PAY AND YOU HAVE IT ALL DONE RIGHT A. 10 FOOT FENCE DONE IN SEGMENT SOCIAL SECURITY A DISASTER BECAUSE YOU'VE GOT WIND SHEARS THAT ARE GOING TO COME THROUGH, I'M NOT A ENVIRONMENTAL ENGINEER BUT I THINK IF THIS IS AS SERIOUS A PROBLEM IT APPEARS TO BE THIS IS SOMETHING YOUR HOA NEEDS TO DO AND IF ONLY HALF NEED TO PAY, I'M IN FAVOR OF GIVING YOU TWO YEARS BUT I DON'T WANT TO LEAVE IT OPEN ONE YEAR ALL AT ONE TIME BY ONE CONTRACTOR WITH GOOD STEWARD OVER 6 BY 6 FOOT POSTS IT'S EXPENSIVE I KNOW BUT QUALITY IS LIFE IS IMPORTANT AND WE WANT TO HONOR I DON'T BELIEVE WE HAVE MET THE BURDEN OF SHOWING THERE'S A PROBLEM ON THE SOUTH SIDE, HIGHLIGHTS, A TEN FOOT FENCE IS NOT GOING TO CHANGE THAT AND WE DON'T OFFER VARIANCES OUT OF FEAR OF SOMETHING THAT MIGHT HAPPEN SOME DAY THAT MIGHT BE DAY WE HAVE SEEN THE MISTAKE AT AMITY AND THEY'RE NOT GOING REPEAT THAT IN THE COUNSELSI SO I WOULD BE IN FAVOR OF SAYING YES TO A TEN FOOT FENCE ON THE NORTH SIDE WITH A TWO-YEAR COMMENCEMENT IT HAS TO BE KMEBSED IN WHITEHORSE YEARS AND DONE ALL AT ONCE WITH CONSISTENT MATERIALS WOULD YOU BE IN FAVOR OF THAT. IS THAT SOMETHING THAT THE HOA

WOULD APPROVE? >> I PERMANENTLY WOULD BE IN FAVOR WITH THAT BUT I NEED TO RUN THIS BY THE HORMUZ.

MOST OF THE ONES HERE TODAY ARE ON THE NORTH SIDE.

>> WE CAN'T, GENERALLY SPEAKING. >> I THIN GENERALLY SPEAKING

IT'S A GOOD IDEA. >> TWO OF US HAVE INSTALLED A TEN FOOT. WE USED THE SAME CONTRACTOR.

THEIR 6 BY 6 ENGINEERED POSTS. IT'S AN INCREDIBLE FENCE.

>> SO THAT NEEDS TO BE DONE AT AT ONE TIME.

>> IF MY NEIGHBORS CANNOT COVER IT I WILL COVER IT.

>> THAT'S VERY GENEROUS. >> YOU HEARD THAT IS ON THE RECORDS. [LAUGHTER].

>> THAT'S MY COMMITTMENT THAT IS MY COMMITMENT.

>> THAT'S WONDERFUL. YOU ALL ARE SUCH A BEAUTIFUL

[01:05:03]

NEIGHBERHOOD AND IT'S SO BEAUTIFUL OUT THERE AND BEING ON THE LAKE REALLY I WOULD SAY THIS IS AN INVESTMENT YOU NEED FOR YOUR COMMUNITY. BAD NEIGHBORS THERE'S JUST NOT YOU CAN DO BUT BLESS THEM INSTEAD OF CURSE THEM AND SOMETIMES THAT CHANGES THE DYNAMIC OF THINGS SO I'M

PREPARED TO MAKE A MOTION. >> MR. GREEN AND MR. OLSON WOULD LIKE TO SPEAK. MR. GREEN.

>> YES. THIS IS A QUESTION FOR THE HOA AND MR. WHITEHOUSE. HRA IS NOT RESPONSIBLE FOR THE

INDIVIDUAL FENCES SNIND. >> THAT IS CORRECT.

>> SO, I THINK THAT SORT OF HAS BEEN SOLVED IF WE WANT TO SEE CONSISTENCY ON THAT SIDE. YOU ALSO WOULD LIKE THE OPTION OF A 10 FOOT FENCE ON THE SOUTH SIDE.

SO MR. WHITEHOUSE MY QUESTION TO YOU FOR YOUR CLIENT IS, IT IS A VINYL FENCE THAT THE DEVELOPER PUT IN ORIGINALLY.

AM I CORRECT ON THAT? >> THAT'S WHAT MY CLIENT PUT IN

YES. >> YES, THE KELLERS PUT IT IN.

>> ON THE SOUTH SIDE. >> OKAY.

SO WHOSE FENCE IS IT? >> THE VINYL FENCE? MR. KELLER, IT'S THE KELLER FAMILIES ON THE SOUTH SIDE.

>> OKAY. >> THAT'S CORRECT.

>> ALL RIGHT. SO, THAT SORT OF MESSES UP MY IDEA. IF THERE WAS THE HOA, I WOULDN'T MIND AT THE FUTURE THEY COULD GO TO TEN FOOT AS LONG AS IT WAS A SOLID VINYL FENCE ALL THE WAY DOWN FOR APPEARANCE REASONS.

BUT YOUR CLIENTS WANT TO ACTUALLY USE THAT FENCE? INTO YES, MY CLIENT OWNS THAT FENCE AND THE ONLY PROBLEM IS IF YOU LIKE MS. SPIEGEL SAID WE DON'T REALLY DO IT FOR THINGS THAT MAY HAPPEN IN THE FUTURE OBVIOUSLY LIKE THEY CAME BACK ON THE 8 FOOT ONE TO ASK FOR THE 10 FOOT ONE IF THEY SOLD THIS AND SOMETHING ELSE ONE THIS IS OPEN PROPERTY NOT RURAL PROPERTY.

>> OKAY. MY IDEA WENT DOWN THE DRAIN.

[LAUGHTER]. >> SO I WASN'T SURE WHO OWNED WHAT FENCE AND THAT'S ALL I WAS SOLVE THE PROBLEM.UT TO TRY TO - BECAUSE EVENTUALLY WHEN IT'S VINYL OR WHATEVER, THEY EVENTUALLY DETERIORATE SO I'M FOR SOMETHING.

THAT'S ALL. THANK YOU.

>> MR. OLSON. >> YEAH, I AGREE WITH SOME OF THE TESTIMONY AND THE DISCUSSION THAT THE CASE FOR THE WALL ON THE NORTH, OR THE ANDED FENCE HEIGHT ON THE NORTH SIDE IS JUSTIFIED. I ALSO AGREE THAT IT SHOULD BE CONSTRUCTED AS ONE PROJECT RATHER THAN INDIVIDUAL PROJECTS BUT I WOULD URGE WHOEVER IS APPARENTLY READY TO MAKE THE MOTION, THAT THAT MOTION INCLUDE A REQUIREMENT THAT IT BE ENGINEER REVIEWED AND STAMPED, THE CONSTRUCTION I NOTED ON ONE OF THE PHOTOS OF POSSIBLY THE FENCE THAT HENRY DEAN APPROVED THAT YOU REFERRED TO, HENRY DEAN WHEN YOU SHOWED IT, IT LOOKED LIKE IT WAS ALREADY FAILING. IT WAS OUT OF PLUMB ALREADY.

>> I THINK I KNOW WHAT FENCE HE'S REFERRING TO THE THERE'S

ONLY TWO IN OUR COMMUNITY. >> AGAIN, AS HAVE ALSO SAID, BUILDING A 10 FOOT FENCE IS MUCH MORE AMBITIOUS PROJECT TO MAKE IT BE ABLE TO WITHSTAND WIND LOADS.

>> OKAY. MS. SPIEGEL YOU WANT TO MAKE A

MOTION I BELIEVE? >> I THINK THEY'RE READY FOR

THAT. >> JUMPING THE GUN.

ALL RIGHT. LET ME TRY.

THIS LET ME KNOW IF I'M GETTING ANYTHING WRONG.

MOTION TO APPROVE MINOR MODIFICATION 2025-10 PORT ST. JOHN FENCE HEIGHT BASED UPON SIX FINDINGS OF FACT AND TEN CONDITIONS, PLUS THE CONDITION THAT THE FENCE BE DONE IN WONE - PERIOD, ONE SINGLE PHASE. THANK YOU SIR.

THAT WAS PERFECT. ONE SINGLE PHASE WITH PROPER ENGINEERING STUDIES FOR A 10 FOOT FENCE TO BE TO WITHSTAND WIND LOAD AND WITH A TWO-YEAR COMMENCEMENT RATHER THAN A ONE-YEAR COMMENCEMENT AND NLS ONLY ON THE NORTH SIDE.

THE SOUTH SIDE DOES NOT HAVE ANY PERMISSION FOR A 10 FOOT FENCE IN THIS ORDINANCE. PROCEED SFLOOID THE STAFF

REPORT. >> I WAS GOING TO REQUEST IS IT POSSIBLE TO EXTEND IT TWO-YEAR TO THREE-YEAR? OUR NOA IS CURRENTLY IN THE MIDDLE OF SOME LITIGATION AND SO

[01:10:06]

YOU KNOW FOR COSTS. >> THREE YEARS REASONABLE? TOO LONG? [INAUDIBLE]

>> CAN YOU COME BACK. CAN THEY COME BACK FOR AN EXTENSION IN THAT TIME OR WOULD THEY HAVE TO REHEAR THE WHOLE THING? JACOB?

MR. >> IF THE APPLICANT DID NOT COMMENCE AND BUILD THE FENCE AS CONDITIONED THEY WOULD ULTIMATELY COME AND HAVE TO SUBMIT A BRAND NEW APPLICATION.

>> A BRAND NEW APPLICATION. >> SO IS YOUR MOTION FOR 3 OR 2? WE HAVE A MOTION BY MS. SPIEGEL A SECOND BY MR. LABANOWSKI.

ANY FURTHER DISCUSSION? AND LET ME ASK YOU, YOU DID SAY THAT A FENCE ONLY ON THE NORTH SIDE WOULD SATISFY 98 PERCENT OF

YOUR CONCERNS? >> I WOULD THINK SO YES.

AND THE LIGHTS BEING LOWERED ON THE BARN.

>> OKAY. GREAT.

OKAY. OUR VOTING SCREENS UP PLEASE.

PASSES UNANIMOUSLY. >> THANK YOU ALL VERY MUCH.

APPRECIATE YOUR TIME. >> THANK YOU.

[3. MINMOD 2026-04 125 Ashton Oaks (Private Helicopter Landing Site). A request for a Minor Modification to the Ashton Oaks PRD (Ordinance 2007-49, as amended) to allow for a Private Helicopter Landing Site on a platted residential lot, specifically located at 125 Ashton Oaks Drive.]

APPRECIATE IT. ALL RIGHT.

ITEM NUMBER 3 IS A MINE ON MODIFICATION, DUSTIN ZEPP IS THE PROPERTY OWNER. AND I HEARD EARLIER YOU WEREN'T HERE BUT YOU ARE NOW. SO.

>> YES, SIR. >> OKAY.

WE NEED EXPARTE ON THIS SO MR. LABANOWSKI.

>> I GOT EIGHT EMAILS, ALSO TALKED TO PAUL CUNNINGHAM AND US VISITED THE AREA OFF OF, SINCE IT'S A GATED COMMUNITY, OFF OF

OSCAR ASHTON ROAD. >> MS. SPIEGEL.

>> YES. PROBABLY THE SAME MULTIPLE EMAILS, AND I DID SPEAK WITH A ENABLE OR THAT IS HERE NOW.

THAT'S ALL. >> MR. GREEN.

>> DROVE THROUGH THE NEIGHBORHOOD, AND OF COURSE, WE HAVE THIS WHOLE STACK OF EMAILS WE GOT.

>> MR. OLSON. >> YES, I RECEIVED AT LEAST 8

EMAILS AND I VISITED THE SITE. >> I ALSO RECEIVED A NUMBER OF EMAILS. SO, ALL RIGHT.

THE FLOOR IS YOURS, SIR. >> WELL THANK YOU MR. CHAIRMAN AND BOARD. MY NAME IS DUSTIN ZEPP.

I'M THE PROPERTY OWNER AT THAT TIME 125 ASHTON OAKS DRIVE, HERE TODAY. SORRY.

CLICKER. I REALIZE THAT THERE IS AN ERROR ON THE SLIDES, THE DATE, BUT IN THE SPIRIT OF NATIONAL BACK TO THE FUTURE DAY, I APOLOGIZE FOR THAT OVERSIGHT, BUT IT IS IN FACT NOVEMBER 5TH. SO, THE PURPOSE OF THIS REQUEST IS TO REQUEST MINOR MODIFICATION AND SPECIAL USE APPROVAL UNDER THE EXISTING ST. JOHN'S COUNTY LAND DEVELOPMENT CODE REVISION AND THIS REQUEST GOES BACK QUITE A WAYS IN DECEMBER OF 2025 I MET WITH MS. FRAZIER AND WILL PROBABLY BUTCHER HER NAME MS. PASALAKWA AND TO FACILITATE THIS REQUEST IT WAS TO INITIATE MINOR MODIFICATION Q-PRD AND SECTION THAT IS HIGHLIGHTED THERE, AND THEN ALSO, OBVIOUSLY THE MORE PLIBLGABLE SPECIAL USE FOR AIRCRAFT LANDING FIELD WHICH IS HIGHLIGHTED IN THAT SECTION.

I'M NOT LAND DEVELOPMENT CODE EXPERT.

I'M JUST AN AVERAGE JOE LITERALLY.

DEFINITION SEEMED TO ME LIKE IT WHAT MORE APPLICABLE FOR THE AIRCRAFT LANDING FIELD FOR FIXED WING OPERATIONS BASED ON LARGE ACREAGE SET BACK, CONSIDERATIONS ET CETERA BUT THERE REALLY WASN'T ANYTHING IN THAT PARTICULAR SECTION THAT REFERENCED ANYTHING TO HELICOPTER OPERATIONS, HELIPADS OR EVEN FAST FORWARD TO TODAY, YOU KNOW, THE ELECTRIC VERTICAL TAKE OFF AND LANDING VEHICLES WHICH FLORIDA IS ONE OF THE FEW HANDFUL OF STATES THAT IS PIONEERING AND PILOTING THAT PARTICULAR PROGRAM. SO, TRYING TO OBVIOUSLY SEEK CLARIFICATION SURROUNDING PRIVATE HELIPAD USE, I DO KNOW THERE ARE PRIVATE HELIPADS IN ST. JOHNS COUNTY, BUT THIS WAS A RECOMMENDED COURSE OF ACTION BY WITH AND THROUGH THE PLANNING CODES AND BY THE WAY, EVERYBODY HAS NOTHING SHORT OF FANTASTIC TO WORK WITH THROUGHOUT THE PROCESS AND I'M TRYING TO FIGURE OUT A WAY TO COME UP WITH HOW DO WE GET TO YES AND FAVORABLE

[01:15:05]

RESOLUTION, KNOWING THAT THIS REQUEST IN SPIRIT WAS ALWAYS TEMPORARY. IT WASN'T SOMETHING THAT WAS, YOU KNOW, SET TO BE PERMANENT. IF ANY FOLKS ANY ANYTHING ABOUT MANNING AR SPACE, IT COMES AT A PREMIUM.

I'VE BEEN ON THE WAIT LIST AT ST. AUGUSTINE WAITING LIT, IT WAS A 6 AND A HALF YEAR WAITING LIST SO I'M NUMBER 26 AS OF TWO MONTHS AGO SO STILL WAITING. SO THE HUMAN ELEMENT.

I'M A SERVICE DISABLED ARMY VET. FLYING TO ME IS FREEDOM.

I SPENT 25 YEARS DOING BAD THINGS TO BAD PEOPLE.

SO, IT'S EXTREMELY THERAPEUTIC FOR ME.

I'M BLED TO BE RETIRED. AVIATION IS A PASSION AND IT'S NOT MY LIVELIHOOD AND I'M NO DOING THIS TO MAKE AN ENTRANCE TO HAVE THE COOL GUY FACTOR. IT'S REALLY ABOUT GIVING BACK TO THE LOCAL COMMUNITY SO MY MISSION FOCUS AS SHIFTED AND REALLY IT'S TWOFOLD. FIRST AND FOREMOST, IT'S CARE GIVING. SO MY DAD HAS A TERMINAL ILLNESS AND I'VE BEEN FOCUSED AND HIS CARE, NOT SO MUCH ON THIS PROCESS. AND THEN NONPROFIT WORK AND OBVIOUSLY MAKING UP FOR LOST TIME WITH MY FAMILY AS WELL.

EVERYTHING THAT I'VE DONE TO DATE, BY WITH AND THROUGH THE HELICOPTER WITH THE EXCEPTION OF A FEW FLIGHTS FOR MAINTENANCE HAS FALLEN INTO ONE OF THESE CATEGORIES AND REALLY THE SPIRIT OF WHAT I'M TRYING TO DO IS GIVE BACK TO THE LOCAL COMMUNITY THAT HAS BEEN PUT ON HOLD FOR PROBABLY THE LAST 18 MOTHERS GIVEN THAT I'M CARING FOR MY DAD BUT THE HOPE IS THAT I'LL BE ABLE TO START THINGS UP AND SUPPORT VETERANS SUPPORTING KIDS YOUNG AVIATORS AND I'VE DONE EVERYTHING WITH THE EXCEPTION OF AUXILLIARY BECAUSE I HAVEN'T GOTTEN TO IT.

THE REDIE-HARD OUTCOME USE OF MY PROPERTY IS OBVIOUSLY TO PRESENT RESERVE USE OF MY PROPERTY IN SUPPORT OF THE MISSION OBJECTIVES I JUST TALKED ABOUT. I'M NO LAND DEVELOPMENT EXPERT AS I SAID, YOU KNOW I'M NOT AN ATTORNEY.

I DON'T PLAY A ROLE ON TV. DIDN'T STAY AT HOLIDAY INN EXPRESS NONE OF THAT AND I'M SEEKING THE MINOR MODIFICATION.

THIS WOULDN'T HAVE BEEN THE PROFESSOR PATH BUT FORCING FUNCTION BASED ON A COMPLAINT THAT WAS LAUNCHED.

IN THE LAST THREE YEARS SINCE THIS HAS BEEN AN ONGOING ISSUE THERE BEEN HAS BEEN ONE COMPLAINT THAT I'M AWARE OF THAT WAS THE IF THE MAIN REASON WE ARE HERE TODAY.

SO JUST A LITTLE BACKGROUND. BEFORE WE MOVED TO FLORIDA, I REACHED OUT THE HOA AND THE BOARD MEMBERS.

AND EXPRESSED INTENT DESIRE INTENT I'M THINKING ABOUT DOING THIS, ARE THERE ANY ISSUES, CAN YOU CANVAS THE COMMUNITY WHAT I WAS TOLD IN UNOFFICIAL CAPACITY THERE'S NO ISSUES AND THAT WAS MARCH OF 2023. FAST FORWARD, TO 12 OF 23 YOU KNOW THOSE GOALS AND ASPIRATIONS BECAME A LITTLE BIT MORE REAL SO I REENGAGED THE HOA IN MORE OF A OFFICIAL CAPACITY AND ENDED UP PURCHASING A HELICOPTER. WHEN I PURCHASED THE HELICOPTER THERE WAS HANGAR SPACE THROUGH FRIENDS AND FAMILY SO THAT'S WHERE I KEPT THE BUT GETTING TO BLACK OUT TO SUPPORT SOME OF THE MISSIONS I TALKED ABOUT IT'S AN HOUR 10 MINUTE DRIVE FROM OUR LOCATION SO IT JUST WAS REALLY INCONVENIENT TO GET DOWN THERE AND THERE'S FRANKLY NO HANGAR SPACE BETWEEN A HUNDRED MILE RADIUS AS IT WERE. SO IN PARALLELING KNOWING KIND OF THE CIRCUMSTANCES I MENTIONED BEFORE THE SIX-YEAR WAITING LIST AT ST. AUGUSTINE AIRPORT 26 ON THE LIST.

SO HURRY UP AND WAIT. SO THINGS THAT HAD HAPPENED I PRACTICALLY ENGAGED WITH HOA BOARD AND THE POTENTIAL ALTERNATIVES SO THE SOLUTION WE CAME UP TEMPORARY SOLUTION WAS BUILD A HANGAR ON SITE AND THAT TOOK FORM AS A STORAGE BUILDING THAT FOLLOWED ALL THE NECESSARY PROCEDURES AND PROTOCOLS NOT ONLY THROUGH THE HOA BUT THROUGH THE COUNTY SO APPROVAL THROUGH THE BOARD, THROUGH THE ARCHITECTURAL REVIEW COMMITTEE AND YOU KNOW, WE GOT A BUILDING ON THE LOT.

THERE WAS A CONCERN THAT WAS BROUGHT UP AT ONE OF THE BOARD MEETINGS, A FEW MINOR CONCERNS ABOUT PREVIOUS NEIGHBOR ONE OF WHICH WAS ON SITE FUEL STORAGE WHICH SIMPLY I DON'T DO AND

[01:20:03]

THERE WAS ANOTHER ONE THAT WAS POTENTIAL TO SPOOK THE HORSES IN THE PASTURES AND SO, YOU KNOW, LATER ON THE PRESENTATION I'LL SHOW YOU SOME OF THE FLIGHT PASS ET CETERA.

I PRIDE MYSELF IN BEING A COURTEOUS NEIGHBOR.

I ALSO ACKNOWLEDGE THIS IS A PRETTY UNIQUE REQUEST.

I DON'T THAT IT'S NECESSARILY AN UNREASONABLE ONE GIVEN ITEM PERRY AND WHAT I HAVE IN ALTERNATIVE I CERTAINLY INTEND TO EXERCISE THAT THE SO ARC APPROVAL WITH AN GRANTED IN JANUARY 2024 GOT THE PER MINUTE FINAL INSPECTION IN '4 SO MY ACTION WERE CONDUCTED IN NOTHING BUT GOOD FAITH.

I WAS OPEN HONEST ABOUT MY INTENT THROUGHOUT THE PROCESS, NO MINCING OF WORDS AND FELT LIKE I DID EVERYTHING ABOVE BOARD. AND OBVIOUSLY SUPPORTING DOCUMENTATION HAS BEEN PROVIDED, WHICH I ASSUME EVERYBODY ON THE BOARD HAS SEEN. FLIGHT BACK GROUNDS, FIRST HELICOPTER WAS PURCHASED IN 12/23 IT OPERATED 12 MONTHS WITHOUT ANY COMPLAINTS FROM NOA NEIGHBORS TO BEST OF MY KNOWLEDGE. CURRENT HELICOPTER WAS PURCHASED IN 12 OF 24 OPERATED SIX MONTHS WITHOUT A COMPLAINT.

AND THEN IT WAS BROUGHT TO THE ATTENTION OF THE HOA PRESIDENT AND WAS ADDRESSED 5/2025. SUBSEQUENT COMPLAINTS TO THE CODE ENFORCEMENT FOLKS IS ONGOING BUT I HAVEN'T HAD ANY FLIGHTS PREPARING FOR MY FATHER. SO IT REALLY HASN'T BEEN AN ISSUE. AT THIS TIME, YOU KNOW THE SLIDE CREATION I WAS UNSURE AS TO THE ROOT OF THE COMPLAINT GIVEN THAT I, YOU KNOW, CERTAINLY EXPRESSED MY DESIRE AND INTENT, THOUGHT I HAD ALL THE NECESSARY PROOUFLS AND I DIDN'T HAVE ANY HUMAN INTERACTION WITH THE EXCEPTION OF A COUPLE OF FOLKS IN THE NEIGHBORHOOD. SO, TO DATE THERE HAS BEEN 22 TOTAL FLIGHTS IN THE LAST 34 PLUS MONTHS, VERY INFREQUENT AVERAGE LESS THAN ONE FLIGHT A MONTH DAYLIGHT HOURS ONLY, ONLY IN GOOD WEATHER, FLIGHT OPERATION ALWAYS CONDUCTED WITH FAA AND SAFETY BEST OPERATING PRACTICES AND A BASEMENT PROCEDURES IN LINE. I DO PRIDE MYSELF IN BEING A COURTEOUS NAUB OR. I DON'T TAKE ANY OF THIS PERSONALLY. IF I HAD ALTERNATE OPTION I WOULD CERTAINLY TAKE IT. BUT YOU KNOW HERE WE ARE TODAY AND I DO ACKNOWLEDGE THAT THIS IS A PRETTY UNIQUE REQUEST.

SO ASSUMING THAT NOISE IS CERTAINLY AN AREA OF CONCERN THE HELICOPTER THAT I CURRENTLY HAVE FOLKS THINKS HELICOPTERS ARE LOUD AND BY AND LARGE SOME OF THEM ARE LOUD.

THIS ONE IS NOT REALLY LOUD IN THE GRAND SCHEME OF THINGS SO THIS IS BASICALLY TO SAY LIKE HEY, YOU KNOW, THE NOISE, THAT IS GENERATED FROM A HELICOPTER IS ON PAR WITH A LAWNMOWER OR HARLEY-DAVIDSON, AND THE NOISE IS KPAISHL TO AMBIENT NOISE IN THE SURROUNDING NEIGHBORHOOD OR ENVIRONMENT.

WE HAVE A LARGE RECYCLING CENTER THAT JUST WENT IN BEHIND OUR COMMUNITY THAT GENERATES A LOT MORE NOISE THAN WHAT MY HELICOPTER DOES. AS FAR AS THE LOCAL AVIATION CONTEXT THERE IS 500 PLUS OPERATION OR FLIGHTS A DAY OUT OF ST. AUGUSTINE AIRPORT ALONE. THESE STATS DON'T ACCOUNT FOR SURROUNDING AR TRAFFIC AND SUFFICIENT TO SAY IT'S BUSY AIRSPACE THE GRAPHIC ON THE RIGHT IS A 30 SECOND SNAPSHOT ALL THE BLUE TRIANGLE THAT'S AIRCRAFT OF SOME SORT SO IT'S BUSY. WITHIN OUR NEIGHBORHOOD, WITHIN TWO AND A HALF NAUTICAL MILES THERE IS TWO GPS WAVE POINTS THAT AIRCRAFT USE ROUTINELY FOR NAVIGATIONAL PURPOSES SO AIRCRAFT ARE ALWAYS OVERFLYING OUR NEIGHBORHOOD, WE ARE IN A FLIGHT CORRIDOR, GENERAL AVIATION COMMERCIAL AVIATION, FLIGHT MILITARY TRAINING OPS, IF-18'S FLY OVER MY BACKYARD AT 500 FEET WITH NSA JACKSON THERE'S ALWAYS BLACK HAWKS FLYING OVER THE NEIGHBORHOOD CREATING RUCKUS, A LOT OF LOW ALTITUDE OPERATIONS ARE COMMON DO YOU TO THE RURAL LAND USE IN THAT AREA. SO THIS IS OVER HEAD SHOT OF THE PROPERTY, THE FLIGHT PATTERNS SO THE PROPERTY SIZE IS 17 ACRES THE TAKE OFF AND LANGUAGING IS ALWAYS CONDUCTED IS OVER WATSON STATE FOREST COMPANIES FROM THE SSE OR SW DEPENDING ON THE PREVAILING WIND DIRECTION AND I NEVER OVERFLY ANY RANCH CLUB HOMES OR PASTURES, BY DESIGN ONCE AGAIN TRYING TO BE RESPECTFUL. THE NEAREST JASEN HOME IS 250 FEET FROM THE HELIPAD LOCATION. THERE HAS CHANGE.

[01:25:04]

SO THE FORMER SUPPORTER WAS NEXT DOOR NEIGHBOR WHO WAS ONE OF ONES THAT PROVIDED LETTERS OF SUPPORT AND GAVE FULL CONTEXT AND COLOR COMMENTARY THAT UN-FOLD AND YOU MENTIONED EMAILS GOTTEN OVER THE LAST COUPLE DAYS LAST WEEK OR SO.

AND THEN OPERATIONS ARE GUIDED WITH SAFETY IN MIND.

AS FAR AS RECOMMENDED DIMENSIONS YOU KNOW THE FINAL APPROACH AND TAKE OFF AREA, SEVERAL PROVISIONS SO IT'S RECOMMENDED FOR PRIVATE HELIPAD HUNDRED BY HUNDRED, MINUS 130 BY 180 SO 80 PERCENT OF PROVISION EXPENSED FREE OBSTACLES.

TOUCH DOWN AND LIFT OFF AREA RECOMMENDED IS 30-50 FEET.

IT'S A 50 FOOT MINIMUM CLEARANCE ONCE AGAIN ERRING ON THE SIDE OF CAUTION TO PROVIDE ADDITIONAL SAFETY BUFFER AND AS FAR AS THE LIGHTING, ALL THE LIGHTING THAT IS THERE IS SOLAR.

IT'S AUTOMATIC. GREEN BLUE RED IN ACCORDANCE WITH FAA STANDARD AND SO FROM FAA REGULATORY PERSPECTIVE THEY PERMIT LANDING ON PRIVATE HELICOPTERS WITH LANDING PERMISSION AND FLIGHT OPEN RAINING TEND TO BE CONDUCTED ASSUMING THE FLIGHT OPERATION CAN BE DUCKED IN SAFE MANNER THERE'S A SUITABLE ZONE ESTABLISHED AND NO FEDERAL PROHIBITION ON PRIVATE HELICOPTER OPERATIONS.

AS I STATED BEFORE FAA REQUIRES A APPROVAL FOR PUBLIC OR COMMERCIAL USE HELIPADS. NOT PRIVATE.

CERTAINLY ONES THAT THERE IS NO DESIRE AND OR INTENT TO HAVE THEM ON AN FAA CHART SO TEMPORARY UNTIL ALLIVE BECOMES AVAILABLE AND THAT REQUIRES APPROVAL.

NOT ONLY AT THE FEDERAL LEVEL BUT ALSO AT THE STATE DEVELOP.

SO, MY GOAL IS CONTINUE PRIVATE USE, MEETS MY NEARMY TERM GOALS UNTIL A MORE PERMANENT ST. LOUIS IS VIABLE AND LOCAL APPROVAL PROCEEDS FOLLOW ON STATE AND FEDERAL PROCESSES.

AND THEN THAT CONCLUDES MY PRESENTATION.

I WELCOME ANY QUESTIONS AND I THANK YOU FOR YOUR TIME AND

CONSIDERATION. >> THANK YOU FOR THAT, VERY INFORMATIVE. THANK YOU AND ANY QUESTIONS FROM BOARD MEMBERS? MR. GREEN.

>> OKAY. IT'S MY UNDERSTANDING OR YOUR UNDERSTANDING I GUESS AT THE FAA DOESN'T REQUIRE YOU A PERMIT? BALLS THE WAY I UNDERSTAND A PRIVATE HELIPAD WOULD BE THAT THE COUNTY WOULD HAVE TO ISSUE YOU THE PROPER ZONING.

THEN YOU PRESENT THAT TO THE FAA.

>> YES CIRCUMSTANCES. >> FOR AIRSPACE.

>> YES, SIR. >> AND THEN FROM AIRSPACE, YOU GO TO AND IF THEY DETERMINE THE PROPERTY AS THE RIGHT ZONING AND THE RIGHT AIRSPACE YOU ALSO TO GET A PERMIT FROM FDOT.

>> YES, SIR THAT IS CORRECT, SO THIS INITIATES THE SUBSEQUENT

PROCESSES. >> YES RIGHT AND I DON'T KNOW WHAT THEY'VE GOT TO GO THROUGH BUT THEN THERE WILL BE A PRIVATE HELIPAD, AND IT WILL BE ON SECTIONS, RIGHT?

>> YES, SIR THAT IS CORRECT WHICH DEFEATS WHAT I'M TRYING TO DO OUT OF RESPECT FOR THE NEIGHBORHOOD SO IF I HAD AN OPTION TO HAVE MY HELICOPTER AT A LOCAL HANGAR ON AN AIRPORT THAT WOULD BE THE PREFERRED OPTION.

>> SO, ONCE YOU'RE WITH FAA ON A SECTIONAL AS A PRIVATE AIRPORT,

DO YOU HAVE TO RENEW THAT? >> YES, SIR DO YOU.

>> HOW OFTEN DOES THAT GET RENEWED?

>> I BELIEVE THAT'S EVERY TWO YEARS AND REQUIRING A SITE

SURVEY AS THEY COME OUT. >> DOES DOT DO THAT OR FDOT OR

FAA? >> I BELIEVE THAT THE FDOT DOES THE INITIAL SITE SURVEY AND THE FAA IN ORDER TO KEEP THAT HELIPAD AS PRIVATE OR COMMERCIAL USE HELIPAD, FOR A LONGER TERM USE THEN THERE'S RECURRING THINGS THAT YOU NEED TO DO IN

ORDER TO MAKE THAT HAPPEN. >> SO THERE'S NO GUARANTEE IF WE GRANT YOU THIS, IS IT A VARIANCE, OR A MINOR MOD.

>> YES. >> THAT YOU GET THE HELIPAD

ANYWAY? >> THAT IS CORRECT.

YES. >> I THINK THAT WHAT NEEDS TO BE REPRESENTED TO THE BOARD, THAT THIS IS JUST A BEGINNING OF A

[01:30:02]

LONG JOURNEY NEITHER ONE OF THREES AGENCIES WORK AT A FAST

PACE. >> UNDERSTOOD AND YES, SIR.

>> SO IS THERE A REQUIREMENT FOR SIZE OF HELIPAD VS. WROTE FOR

RIP? >> THERE IS AND IT'S COVERED IN

THAT BUFFER AREA I MENTIONED. >> YOU GOT THE ROOM?

>> YES, SIR. >> TO DO A CERTIFIED PAD?

>> YES, I'VE OVER PROVISIONS IN EVERY ASPECT.

>> FOR WHAT EQUIPMENT YOU'RE FLYING IN THERE.

>> I'M SORRY, SAY AGAIN SIR. >> YOU'VE GOT ENOUGH ROOM TO

BUILD THE SIZE PAD YOU NEED. >> YES, SIR.

>> FOR THE TYPE OF EQUIPMENT YOU'RE FLYING.

>> YES, SIR. >> FOR THE HELICOPTER YOU'RE

FLYING. >> THAT IS CORRECT.

>> SO WE GOT TO GET THIS YOU GO TO FAA.

>> AND THEN TO FDOT. >> AND THEN AFTER THAT FAA WILL

ISSUE YOU THE PERMIT TO USE? >> THAT IS CORRECT.

SO, THIS IS A LONG -- >> FDOD DOESN'T ISSUE THE

PERMIT. >> NO.

>> FAA DOES. >> YES, SIR.

>> JUST SO I UNDERSTAND. >> SO THIS IS A BEGINNING OF A VERY LONG JOURNEY TO GET TO SOMETHING THAT IS ULTIMATELY IN MY MIND VERY TEMPORARY, IF I CAN GET TO ST. AUGUSTINE AIRPORT THAT'S THE PREFERRED OPTION. I JUST DON'T HAVE THAT OPTION AND IT'S A LOWER PRIORITY GIVEN I'M CARING FOR MY DAD.

THAT'S FIRST AND FOREMOST. >> OKAY.

I JUST WANT TO MAKE SURE I UNDERSTAND BECAUSE THAT WASN'T QUITE LAID OUT IN YOUR PRESENTATION THAT YOU HAVE UP HERE ON THE BOARD OR ON THE SCREEN.

>> YES, SIR. >> OKAY.

MR. LABANOWSKI. >> THANK YOU MR. GREEN FOR BRINGING IT IS ALL UP BECAUSE I DID A LOT BEACH ON IT ALSO.

THEY DON'T EVEN ISSUE A PERMIT? IT'S A LETTER OF AUTHORIZATION FROM THE FAA. SO.

>> OKAY. >> YOU COVERED EVERYTHING ELSE.

THAT'S FOR SURE. >> I'M AWFUL WITH DETAILS BUT

IT'S THE STEPS. >> THE STEPS.

>> THIS DOESN'T ALLOW HIM TO DO IT.

>> MM-HMM. >> OKAY.

>> WHEN WE APPROVED YOUR STRUCTURE THERE THAT'S GOING TO BE A HANGAR NOW IN JANUARY OF 2024.

>> YES, SIR. >> WASN'T THAT PRESENTED TO US

AS A BARN? >> I BELIEVE IT WAS PRESENTED AS

AG STORAGE BUILDING. >> HA G STORAGE BUILDING?

>> YES, SIR. >> BUT NOT AS A HANGAR NO.

>> NOT PRESENTED AS A HANGAR THAT'S TRUE.

>> THAT'S WHAT I RECALL. THANK YOU.

AND YOU DO OBVIOUSLY YOU'VE BEEN DOING THIS.

YOU HAD 22 NIGHTS. >> YES CIRCUMSTANCES.

>> IN THE PAST 34 MONTHS. >> YES, SIR.

>> YOU HAVE ENOUGH ROOM TO TAKE OFF BETWEEN YOUR HELIPAD SITE AND THE STATE FOREST THERE? BECAUSE IT LOOKED LIKE THAT WAS ABOUT 125 FEET AND I KNOW YOU CAN GO STRAIGHT UP IN A

HELICOPTER. >> YES, SIR.

>> THAT'S ENOUGH ROOM TO MANEUVER?

>> YES, SIR IT'S PLENTY OF ROOM. LIKE I SAID IT'S OVER PROVISION ABOUT 30-80 PERCENT AND THAT HELICOPTER HAS PLENTY OF PERFORMANCE TO DO THE VERTICAL TAKE OFF AND LANDING WITHOUT ISSUE AND I OWN THE LOT NEXT DOOR SO THERE'S TWO LOTS THAT WERE COMBINED INTO A SINGLE LOT SO GENERALLY I'LL GET HOVER THE TOP OF MY HANGAR GO OUT THAT WAY AND BEND OUT BEFORE I GET OVER ANYONE ELSE'S PROPERTY LINE, PASTURES, HOMES ET CETERA.

>> AND IN A PREVIOUS LIFE AND JOB THAT I HAD, I HAD TO FLY, HAD TO, IT WAS FUN IN A LOT OF HELICOPTERS.

AND NEAR MONTHLY BASIS AND EYE EXPENSIVE.

REALLY EXPENSIVE F. WE COULDN'T GET ONE SAY THE SOUTH FLORIDA

WATER MANAGEMENT DISTRICT. >> YES, SIR.

>> OR SOMETHING LIKE THAT WE HAD TO RENT ONE AND IT'S REALLY EXPENSIVE SO DO YOU HAVE ANY FINANCIAL ASSISTANCE FOR THIS SERVICE YOU'RE DOING FOR VETERANS?

>> SO, THE ANSWER IS I'M IN A BLED SITUATION.

YOU KNOW, GIVEN THAT I AM RETIRED AND I OWNED A DEFENSE CONTRACTING COMPANY AND ENDING SELLING TO PRIVATE EQUITY SO LIKE I SAID MY NEW MISSION IN LIFE IS TO GIVE BACK.

I DID A LOT OF BAD THINGS TO BAD PEOPLE NOW IT'S GOOD THINGS FOR GOOD PEOPLE SO IN TERMS OF FINANCES THAT'S NOT AN ISSUE.

I HAVE VARIOUS MEETINGS. THIS IS NOT A FOR PROFIT BUSINESS. YOU HAVE NONPROFITS THAT HAVE STOOD UP TO DO THINGS SIMILAR TO THIS SO HAVING THE FINANCES TO

BACKSTOP IS A NON-ISSUE. >> ALL RIGHT.

APPRECIATE THOSE COMMENTS. I MAY HAVE SOME MORE QUESTIONS LATER. YES, SIR.

>> PUBLIC COMMENT. IF YOU TWO LIKE TO SPEAK TO THIS

[01:35:03]

ITEM, PLEASE COME TO ONE OF THE MICROPHONES AND LET US HEAR WHAT YOU HAVE TO SAY. YOU'VE GOT 3 MINUTES.

UNLESS SOMEBODY GOT A BUNCH OF SIGNATURES TOGETHER.

>> MY NAMED IS RICH PARATI. I RESIDE AT [INDISTINCT].

I'VE BEEN AUTHORIZED BY THE BOARD OF DIRECTORS TO REPRESENT THE H HO A. AS SUCH CAN I REQUEST DISH NATURAL COMPANY MINUTES TO PRESENT OPPOSITION TO THIS

MODIFICATION? >> YES.

>> OKAY. THE CONCERNS I'M PRESENTING WERE DETAILED IN MY OCTOBER 30TH LETTER SUPPORTED BY PLOOUFD BOARD MINUTES. OKAY.

THIS PROPERTY IS LOCATED WITHIN THE RANCH CLUB COMMUNITY PRD AND SUBJECT TO THE ASSOCIATION GOVERNING DOCUMENTS BYLAWS AND DOCUMENTS OF RESTRICTIONS. SO,BASED ON THAT THERE'S LACK OF HOA AUTHORIZATION FOR THIS CHANGE.

MR. ZEPP IS A INDIVIDUAL LOT OWNER AND WE FEEL DOES NOT HAVE THE AUTHORITY TO INDEPENDENTLY REQUEST THIS MODIFICATION.

AFFECTING THE COMMUNITY AND ITS COMMON AREAS WITHOUT PROPER BOARD APPROVAL. OKAY.

THERE ARE NO RECORD. RETO GO MR. ZEPP'S PROPERTY OR HIS HELICOPTER IN THIS ASSOCIATION RECORDS BEFORE OR AFTER JANUARY 25TH, '24. MAY I GET A DRINK OF WATER

PLEASE? >> SURE.

>> THANK YOU. >> I APOLOGIZE FOR THAT

INTERRUPTION. >> NO PROBLEM.

>> OKAY. AND PREVIOUS DEMONSTRATIONS MR. ZEPP WAS GIVEN APPROVAL FOR METAL STORAGE BUILDING AND ALSO, HE WAX GIVEN APPROVAL, I WOULDN'T SAY MUCH AS PLOOUFL ALWAYS A WHATEVER ALLOWING HIM TO BRING HIS HELICOPTER AND STORE IT. THAT'S WHAT THE APPROVAL WAS FOR. THERE WAS NO RECORDS -- SORRY.

I'M READING THE WRONG PART. OKAY, TEMPORARY STORAGE AND NOT OPERATIONAL HELIPAD IN THE FACT A CONCRETE HELIPAD WAS NEVER A APPROVED IN THE ARC OR APPROVED IN THE ARC APPLICATION.

AS MR. ZEPP NOTED, WHICH WAS GIVEN TO HIM IN THE 24-25 BOARD MINUTES THAT APPROVAL WAS TEMPORARY WHILE HE ASSAULT PERMANENT STORAGE SPACE AND REGULAR HELICOPTER OPERATIONS BETWEEN THE RANCH CLUB WOULD RAISE SERIOUS CONCERNS OVER THE ASSOCIATION'S NUISANCE PROVISIONS DUE TO NOISE WROTE AR WASH VIBRATION AN AIRCRAFT NOT TO MENTION EXCITING HORSES ON THE THE BRADLB TRAIL. THE OPERATION OF A HELIPAD IS INCOMPATIBLE OF THE EQUESTRIAN CASHING TRIBS PARTICULAR OUR COMMUNITY AND ESTABLISH UNWANTED PRECEDENT FOR ADDITIONAL AIRCRAFT THERE. ARE ALSO CONCERNS ON THE INSURANCE SIDE WITH AIRCRAFT OPERATIONS IN THE NEIGHBORHOOD WOULD INCREASE THE LIABILITY EXPOSURE FOR THE COMMUNITY ASSOCIATION ALSO AND SURROUNDING PROPERTIES.

OKAY. 19 OF THE 27 COMMUNITY MEMBERS - OPPOSING THIS. THAT GIVES TUESDAY SUPER MAJORITY AND THE BOARD IS SUPPORTING THIS PETITION AND IS PROCEEDING WITH AMENDMENTS TO THE COMMUNITY RECOMMEND STRINGS TO EXPRESSLY PROHIBIT PRIVATE PERSONAL AIRCRAFT OPERATION AND STORAGE WITHIN THE COMMUNITY. FOR THESE REASONS, THE BOARD RESPECTFULLY REQUESTS THE PZA DENIED THIS MINMOD BASED ON OUR POSITION THAT IT LACKS THE REQUIRED ASSOCIATION AUTHORIZATION AND IS INCONSISTENT WITH THE GOVERNING RESTRICTIONS AND SPECIALLY ESTABLISHED CHARACTER OF THE COMMUNITY. I THANK YOU FOR YOUR TIME.

>> THANK YOU. ANY QUESTIONS?

THANK YOU. >> YES.

>> HELLO, HIGH MY NAME IS JULIE GRAY, 127 ASHTON DRIVE OVER THE YEARS I SERVED AS THE HOA BOARD AND THE ARC WHERE I SERVED A CHAIRMAN MANY YEARS. I WAS PART OF THE ARC WHO REVIEWED MR. ZEPP'S SUBMISSION AND EVEN THOUGH HE SWERTD HE RECEIVED HOA CONCURRENCE FOR PERMANENT HELICOPTER LANDING SITE I BELIEVE YOU'LL SEE FROM THE DOCUMENTS THAT WASN'T ENTIRELY TRUE. HERE IS MR. ZEPP'S INITIAL JANUARY 12 KWIRP I AND ARC REQUEST FOR METAL BUILDING.

THERE WAS NO MENTION OF HELICOPTER HANGAR STORAGE ON LANNING SITE. I WAS AT THE JANUARY 15TH MEETING MR. ZEPP STATED THE PURPOSE OF HIS METAL BUILDING WAS TO STORE CARS AS A PROJECT TO FIX UP WITH HIS SON.

[01:40:03]

IF HE HAD RELAYED WHAT HE WAS ACTUALLY DOING I WOULD NOT HAVE VOTED TO APPROVE THE SUBMISSION. INSTEAD I WOULD HAVE RECOMMENDED WE REFER THIS TO THE BOARD TO ANNOUNCE TO THE COMMUNITY FOR DISCUSSION. 10 DAYS AFTER THE ARC MEETING THE BOARD GRANTED MR. ZEPP THE APPROVAL TO LAND HIS HELICOPTER IN THE BACKYARD FOR STORAGE, UNTIL PERMANENT HANGAR AVAILABLE AT AVAILABLE AT LOCAL AIRPORT. HE RECEIVED NO AUTHORITY TO MAKE THIS HAD A PERMANENT NENLT FIXTURE.

WE WERE NOT AWARE OF MR. ZEPP'S ATTEMPT TO FERRELLLY MODIFY OUR PRD UNTIL HE POSTED SIGN. HE RELATED HIS ATTENTION TO THOSE WHO ASKED FOR PELLETERS OF THE SUPPORT AND NOT THE REST OF THE COMMUNITY. PART OF YOUR REPORT MENTIONS THAT NOT MANY COMPLAINTS WAS RECEIVED LIKELY IN LARGE PART BECAUSE WE WERE TOLD THIS WAS A VERY TEMPORARY SITUATION AND HAD THE MAJORITY OF THE NEIGHBERHOOD KNOWN OF MR. ZEPP'S ACTUAL INTENTION I CAN GUARANTEE THE COUNTY AND HOA BOARD WOULD HAVE BEEN RECEIVING COMPLAINTS FROM MULTIPLE RESIDENTS INCLUDING MYSELF ON A DAILY BASIS. I REVIEWED THE PRIDE NOTES IN THE COUNTY PRIDE SYSTEM. HERE IS A NOTE WHERE MR. ZEPP ADVISED CODE ENFORCEMENT HE BEEN WOULD BE OUT OF TOWN A WEEK FOR A WORK BECAUSE HE'S A DOCTOR. I CHECKED THE FLORIDA DEPARTMENT AND FOUND NO MEDICAL LICENSES FOR MAR ZEPP.

I ALSO READ IN THE PRIDE NOTES HE WAS REFERRED TO SPECIAL MAGISTRATE BY CODE ENFORCEMENT FOR HIS HELICOPTER OPERATIONS IN OUR NEIGHBERHOOD AND WOULD BE REMOVED FROM THE MAGISTRATE REFERRAL IF HE AGREED TO FILE TO IN ORDER IF I OUR PRD WHICH NOW EXPLAINS THIS TIMING. MR. ZEPP STATED IN HIS APPLICATION HIS ACTIONS WERE CONDUCTED IN GOOD FAITH THROUGHOUT THE PROCESS. COULD THIS ENTIRE SITUATION BE A GREAT BIG MISUNDERSTANDING OR IS THIS A MASTER MANIPULATION TO CIRCUMVENT OR STEPS OF GOVERNANCE? THE FACT REMAINS THAT OPERATING HELICOPTERS IN A RESIDENTIAL EQUESTRIAN NEIGHBORHOOD CREATES A VERY REAL SAFETY HAZARD AND DANGER TO THE SURROUNDING COMMUNITY COMMON SENSE NEEDS TO PREVAIL AND PROPOSED APPLICATIONS NEEDS TO BE DENIED

AND NEEDS TO STOP. >> THANK YOU.

LET ME ASK YOU THIS, THE ARC IS THE ARCHITECTURAL REVIEW

COMMITTEE? >> YES.

>> OKAY, MR. ZEPP STATED IN HIS PRESENTATION THAT THE CURRENT NOA PRESIDENT AND I'M SURE IS ARC IS COMMITTEE OF THE HOA.

THE CURRENT NOA PRESIDENT IS IN FAVOR OF THIS SORRY SUPPORTS IT,

IS THAT TRUE? >> THE CURRENT PRESIDENT JUST SPOKE AND HE WAS I BELIEVE THE PRESIDENT AT THE TIME THAT --

>> OKAY. >> THAT THE TEMPORARY REQUEST

WAS GRANTED. >> I DIDN'T REALIZE WHEN YOU CAME UP WERE THE PRESIDENT. I THOUGHT YOU HAD AUTHORIZATION

FROM THE HOA TO SPEAK. >> THE PERSON WAS PRESIDENT THE

PAST YEAR. >> NEED TO GET ON THE MIC.

>> HE DID NOT SUPPORT

[INDISTINCT]. >> OKAY.

THANK YOU. I'M NOT SURE WE GOT THAT ALL ON TAPE SINCE YOU WEREN'T STANDING AT A MICROPHONE.

WHAT DO YOU THINK LEX? >> OKAY.

I THINK HE SAID THE PERSON -- >> I HEARD IT.

I DON'T KNOW. >> JUST TO REPUT IT FOR THE RECORD. I WASN'T GOING TO.

PLEASE REPEAT IT FOR THE RECORD. >> OKAY, THE LETTER OF SUPPORT CAME FROM A PAST PRESIDENT OF THE ASSOCIATION, NOT ACTING AS PRESIDENT BECAUSE HE DOESN'T HAVE THE AUTHOR SAYINGS TO DO SO BUT MORE SO AS A NEIGHBOR OF MR. ZEPP IN SUPPORT.

THIS NOA AND BOARD AND ME AS PRESIDENT ARE NOT IN FAVOR OF

THIS APPLICATION. >> OKAY.

THANK YOU VERY MUCH FOR THE CLARIFICATION.

ALL RIGHT. YES, SIR.

YOU'RE HERE TO SPEAK. >> YES, SIR.

MY NAME IS MICHAEL GREAT AI 1777 ASHTON OAKS, RETIRED NAVY SEAL.

I SERVE AS HOA BOARD MEMBER AND HAVE FOR SEVERAL YEARS AND I'M HERE TO EXPRESS OPPOSITION TO MR. ZEPP E PROPOSED DEVELOP TO ALLOW A HELICOPTER LANDING SEAT IN ASHTON.

THIS DECK LAIRGS MAYBE AMENDED BY THE VOTERS REPRESENTING 6 PERCENT OF VOTES IN THE ASSOCIATION.

MR. ZEPP HAS REQUESTED OR RECEIVED A 67 PERCENT MAJORITY OF OUR HOA AND DO NOT BELIEVE HE HAS THE AUTHORITY TO REQUEST AND RECEIVE PER SUBMISSION FROM ST. JOHNS COUNTY TO AMEND THE PRD. ON OCTOBER 26, 2026 WE HELD A SPECIAL HOA MEETING TO DISCUSS MR. ZEPP'S PROPOSED CHANGE TO

[01:45:05]

OUR PLANNED RULE DEVELOPMENT INCLUDING A DISCUSS OF A COMMUNITY PROPOSAL TO AMEND OUR GOVERNING DOUBTS TO EXPRESSLY PROHIBIT AIRCRAFT IN THE NEIGHBORHOOD.

OVER 70 PERCENT OF THE HORMUZ VOTED IN SUPPORT ADDING A RETRICKS EXPRESSLY PROHIBITING PRIVATE AIRCRAFT IN THE NEIGHBORHOOD. THE COMMUNITY IS STILL IN THE PROCESS OF ADDING THE RESTRICTION IN THE DECLARATION AND WE WILL NEED TIME AND APPROPRIATE NOTICE BEFORE MAKING

THE CHANGE. >> DID YOU SAY 70 PERCENT.

>> YES, SIR. DURING THE MEETING THE BOARD ACKNOWLEDGED AND VOTED UNANIMOUSLY THE AIRCRAFT OPERATIONS IN OUR COMMUNITY BE REGARDED AS NUISANCE.

IN ADDITION MANY HOMEOWNERS WERE UNABLE TO ATTEND THIS MEETING DUE TO WORK TRAVEL OR ILLNESS AND AS SUCH EXPRESS OUR PER ST. JOHNS COUNTY LAND DEVELOPMENTAL.

CODE HELIPOURS SHALL BE LOCATED 500 FEET FROM ANY UNIT DWELLING OR RESIDENTIALLY OWNED PROPERTY. MR. ZEPP'S LANDING TAKE OFF AREAS APPROXIMATELY 134 FEET FROM HIS OWN HOME AND UNDER 500 FEET FROM THREE OTHER PROPERTIES NOT EXCLUDE EQUESTRIAN RIDING ARENA WHICH IS ALSO UNDER THE REQUIRED DISTANCE AND FOR THESE REASONS I RESPECTFULLY ASK ST. JOHNS COUNTY TO DENY HER ZEPP'S PROPOSED MEASUREMENT TO ALLOW A HELICOPTER LANDING PAD.

>> WE ASK THE COUNTY TO APPROVE REVIEW THIS STATEMENT.

>> THANK YOU VERY MUCH. APPRECIATE IT.

YES. PLEASE COME ON UP.

>> CINDY APPLEWHITE 113 ASHTON OAKS DRIVE.

I'M HERE IN SUPPORT OF MY NEIGHBORHOOD AND REQUEST YOU TO

DENY THE MODIFICATION. >> PULL THAT DOWN.

>> ASHTON OAKS IS EQUESTRIAN COMMUNITY WITH 27 LOTS OPERATING A HELICOPTER INQUEST TREND COMMUNITY IS NOT APPROPRIATE FOR OUR NEIGHBORHOOD, OR ANY RESIDENTIAL NEIGHBORHOOD.

HORSES ARE BIG, BEAUTIFUL ANIMALS.

THEY'RE STRONG, BUT ANYONE THAT IS FAMILIAR WITH HORSES KNOWS THAT THEY ARE A PREY ANIMAL AND SPOOK EASILY, ESPECIALLY WITH YOUNG LESS CONFIDENT RIDERS ON BOARD.

IN IS A DOCUMENTED HORSE ACCIDENT THAT OCCURRED FROM DUE TO LOW FLYING HELICOPTERS. I'M NOT GOING TO GO THROUGH THESE BUT OF THESE 5 EXAMPLES TWO RESULTED IN SEVERE INJURY TO THE HORSES TWO RESULTED IN INJURY TO HUMANS A ONE RESULTED IN A HUMAN DEATH. THE ROAR AFTER FLOW FLYING HELICOPTER CAN EASILY PANIC SOME HORSES AND A STARTLED HORSE CAN BOLT CRASH THROUGH FENCES DUMP THEIR RIDE EARTH AND TRAMPLE PEOPLE WHO GET IN THEIR WAY. YOU SAW THIS BEFORE, BUT THIS IS OUR NEIGHBORHOOD. THIS IS WHERE I'M TALKING ABOUT THE HELICOPTER PAD IS CURRENTLY THERE, AND 485 FEET AWAY IS OUR RIDING REASON AMOUNT ALSO, ON EACH SIDE OF ASHTON OAKS DRIVE IS A DECEMBER NAILTD BRIDLED TRAIL.

GOOSH THERE IS THE POTENTIAL FOR HEMP ACCIDENT.

CITIES LICKTY HELICOPTERS OF MORE ACCIDENTS THAN FIXED WING AIRCRAFT. PRIVATE HELICOPTERS HAVE A HIGHER THAN COMMERCIAL. ACCORDING TO DATA FROM NTSB 50-60 PERCENT OF HELICOPTER ACCIDENTS TOE OCCUR DURING TAKEOFF APPROACH AND LANDING. I DON'T KNOW FOR A FACT THAT OUR COMMUNITY HOA LIABILITY INSURANCE PREMIUMS WOULD GO UP TO THIS OR -- CANCEL BUT MY STRONGLY URGE TO YOU CONSIDER THE SAFETY CONCERNS THE QUIET ENJOYMENT OF OUR PROPERTIES AND POTENTIAL PROPERTY VALUE IMPACTS.

FOR THEM REQUEST THE APPLICANT RECEIVES THE BENEFITS WHILE THE NEIGHBOR'S PROPERTY OWNERS BEAR MANY OF THE CONSTANT CONSEQUENCES AND COSTS. THANK YOU.

>> THANK YOU. APPRECIATE IT.

>> GOOD AFTERNOON. MY NAME IS LAURIE BIRMINGHAM, I LIVE AT 134 ASHTON OAKS DRIVE. I'M A PAST BOARD MEMBER AND SERVED TWICE ON THE BORE. MY HUSBAND I RESPECTFULLY

[01:50:03]

RESPECT THE COUNTY DENY THE THIS MINE OR MODIFICATION.

I WANT TO ASK YOU AND PUT YOURSELF.

COULD WE PREP THAT VIDEO THAT HELICOPTER ONE? WAIT JUST ONE SECOND PLEASE. IMAGINE THAT YOU ARE OUTSIDE ON YOUR FRONT YARD AND I6 YOU HAVE AIRPODS IN AND YOU'RE LISTENING TO MUSIC AND ALL OF A SUDDEN SOUNDS LIKE PRESSURE WASHING RIGHT NEXT TO YOU. I TOOK OUT A HELPED PHONE AND LOOKED OVER AND SAW THIS. THAT'S FROM MY FRONT YARD.

WE HAVE MET WITH MR. ZEPP TWICE AND WE WERE ONE OF THE NEIGHBORS HE MENTIONED THAT WE WANTED TO GET HIS SIDE OF THE STORY.

HE'S A VERY CHARMING AND INSPECTOR SUAVE MAN.

HE CAME TO OUR HOME. WE ARE GRATEFUL FOR THAT HOWEVER WE REALLY DON'T LIKE THE HELICOPTER AND IN OUR HOME MR. ZEPP TOLD US HE RECEIVED ALL THE APPROVALS HE NEEDED IN 2023 AND YET HERE WE ARE. HE PROMISED US COPIES BUT NEVER SENT THEM. HIS PRESENTATION WOULD LEAD TO YOU BELIEVE THAT HE'S OPERATING WITHOUT OBJECTIONS FROM OUR RESIDENTS AND AS YOU HAVE HEARD THAT'S NOT TRUE IN THE FEBRUARY OF 2024 GREG AND I MY HUSBAND AND I CONTACTED THE COUNTY REGARDING THE LE GALTY IN OUR NEIGHBORHOOD AND RECEIVED A CLEAR REPLY FROM TAMMY REACH MA IRISH BISHOP AND MARIE COLLEE.

WHEN FLIGHTS CONTINUED, WE SUBMITTED A FORMAL THE COMPLAINT THROUGH THE PRIDE SYSTEM. THE COUNTY SHUT DOWN HIS FLIGHTS AND COMPELLED HIM TO THIS HEARING SO THERE WERE NO PER MISSIONS FROM FAA OR FDOT OR THE COUNTY.

THESE ACTIONS CONTINUE TO VIOLATE MANY SECTIONS OF THE LDC FOR EXAMPLE THE FROEMD SPECIAL USE IS NOT REMOTELY CAPABLE WITH THE SURROUNDING AREA AND IMPOSE EXCESSIVE BURDEN ON OUR FACILITIES AND SERVICES. FOR EXAMPLE OUR PRIVATE COMMUNITY PUMP DOES NOT HAVE THE CAPACITY TO MANAGE A DANGEROUS THREAT OF JET FUEL FIRE EVEN IF IT'S JUST ON BOARD THE HELICOPTER. NEARLY 600 POUNDS OF JET FUEL ARE WITHIN A FEW FEET OF THREE STRUCTURES THE WATSON STATE FOREST AN ONLY 130 FEET FROM HIS OWN HOME.

HE COULD AS MENTIONED SEE INCREASES IN OUR HORMUZ INSURANCE, OUR PROPERTY VALUES COULD INCREASE SUBSTANTIALLY AND OUR HOA INSURANCE COULD BE SUBSTANTIALLY ALTERED N.

CLOSING, MY RESEARCH HAS SHOWN THAT THERE ARE NO PRIVATE HELIPADS IN RESIDENTIAL KMUNLTS. I'M SURE THERE ARE GHOUT IN PRIVATE COMMUNITY. WE ASK YOU CONSIDER THE WISHES OF OUR COMMUNITY AND NOT OPEN PANDORA'S BOX.

THANK YOU. >> THANK YOU.

>> HELLO. I'M GREG BIRMINGHAM.

I'M LAURIE'S HISS HUSBAND. WE LIVE ACROSS THE STREET FROM THE PROPOSED HELIPAD. WE AGREE WITH THE GIANTS OFFICER WHO WROTE A HELIPORT ORELI STOP DOES NOT WHICH IS EQUESTRIAN RESIDENTIAL. ANY SUCH MINMOD APPROVAL TWO OPEN A PANDORAS BOX FOR THE WHOLE COUNTRY.

AFTER MEETING MYER ZEPP IT WAS DISAPPOINTING HE HAS DISGUISED THE USE OF HIS HOA AND COUNSEL TY BUILDING PERMIT SO-CALLED METAL BUILDING NEITHER APPLICATION MENTIONED HANG AND AND NEITHER APPROVAL WAS GRANTED FOR A HANGAR OR LANDING PAD.

HE HAS NO FORMAL HOA PROOUFLS FOR HANGAR FLIGHTS OR OPERATIONS. MR. ZEPP'S STATEMENT OF 22 NIGHTS IN THE LAST 32 MONTHS IS MISLEADING AS HE ACTUALLY FLEW ALL THOSE 22 NIGHTS AGAIN JANUARY AND MAY OF '25 A PERIOD OF LESS THAN FOUR MONTHS AT WHICH POINT I BELIEVE HE WAS ORDERED TO CEASE BY THE COUNTY. ALSO REGARDING LDC PARK 12 SPECIAL USE FLYING A JET HELICOPTER IN AND OUT OF A QUESTION TREND RESIDENTIAL NEIGHBORHOOD IS COMPLETE ANY IN CONFLICT WITH LETTER AND SPIRIT OF THIS SECTION.

SOME QUOTES FROM COUNTY OFFICERS, FROM A PRIDE CODE ENFORCEMENT OFFICER MAY 19 '25 SPEAK WITH B. FRAZIER OFFICER WILL SEND WARNING ADVISING THIS IS NOT INTENDED USE FOR RESIDENTIAL ZONE AND WILL NEED TO STOP FLYING IN AND OUT OF THERE. WARNING SENT VIA CERTIFIED MAIL

[01:55:03]

ON 5/19. WAY TOTALLY AGREE.

LANGE AND ZONING OFFICER NOVEMBER 123 '25 QUESTIONS EXTENSIVELY ARTICLE 20.02 PARAGRAPH B THE AIRCRAFT LANDING FIELD SHALL BE LOCATED ON PROPERTY AT LEAST 100 ABERS IN SIZE AND MR. ZEPP HAS ABOUT 178. PARAGRAPH E THE PRIMARY SURFACE OF THE RUNWAY SHALL BE SET BACK AT LEAST 500 FEET FROM PROPERTIES, THE ZEPP PROPERTY IS 150 FROM EAST EASTBOUNDRY AND WITHIN A HUNDRED OF AT LEAST THREE OTHER RESIDENTIAL PROPERTIES BESIDES HIS OWN HOUSE FROM PARAGRAPH C HE APPARENTLY HAS NO FAA FORM 7480 SUBMITTED OR APPROVED OR FDOT APPLICATION APPROVED PER FLORIDA STATUTES 330.30 REGARDING NEW AIR FORTS AND HELI PORTS. WE AGREE WITH IN OFFICER'S CONCLUSION THIS PROPERTY DOES NOT MEET THESE STANDARDS.

PLEASE TRY TO IMAGINE THIS HAPPENING TO YOU IN YOUR NEIGHBERHOOD AND WE ASK YOU TO PLEASE DENY THE MINMOD.

THANK YOU. >> THANK YOU.

ANYONE ELSE LIKE TO SPEAK TO THIS ITEM.

>> GOOD AFTERNOON I'M GERALD BURKHART, 144 ASHTON OAKS DRIVE AND I WANT TO THANK YOU FOR HEARING OUR CONCERNS ABOUT THE PLANNED HELIPAD AT 125 ASHTON OAKS DRIVE.

DUSTIN THANK YOU FOR INJURE SERVICE AND YOU'RE SURROUNDED BY OTHER VETERANS IN THAT NEIGHBORHOOD.

RANCH CLUB PRD ITS DEFINING IS HORSES, TRAILS ET CETERA.

THE COMMUNITY IS HAD A LARGE LOT, SEVERAL ACRES PER HOMESTEAD GATED EQUESTRIAN COMMUNITY RATHER THAN TYPICAL DENSE SUBURBAN NEIGHBORHOOD THAT GIVES MORE PHYSICAL ROOM FOR SET BACKS AND BUFFERS AND MOST RESIDENTIAL AREAS AND MARKETED AND DEVELOPED AS PRIVATE EQUESTRIAN COMMUNITY. HELICOPTERS CREATE SIGNIFICANT NOISE AND DOWN WASH. YOU'VE HEARD THE HAZARDS TO HORSES AND YOU'VE SEEN THE FLIGHT PATH OVER THE WALT SON ISLAND STATE PARK. WHICH WILL AFFECT HUNLDERS IN THE FUTURE AND ALSO IS AFFECT WILD LIFE AS HE'S USING THAT AS HIS ENTRY AND EXIT TO THE NEIGHBORHOOD THAT BRINGS CONCERN FOR I THINK ENVIRONMENTAL CONCERNS, WHICH WERE REQUESTED ACTUALLY BY YOU AND HE SAID HE HAS VERIFIED AND SAID IT WOULD NOT CAUSE IMPACT. HOWEVER I DO NOT SEE ANY DOCUMENTATION ABOUT ENVIRONMENTAL STUDIES ALONG THOSE LINES. SO, I TWO LIKE TO SEE AN EXPERT MAYBE COME THROUGH ON THAT THE WE HAVE ALSO HEARD FROM A COUPLE OF GENTLE TALKING ABOUT FDOT 330 AND THE FAA REQUIREMENTS.

THEY ARE REQUIRED ALTHOUGH DURING HIS PRESENTATION MR. ZEPP STATED HE DID NOT FEEL HE NEEDED IT BECAUSE IT WAS A PRIVATE THE HELI PORT AND STATED ABOUT OTHER FLIGHT TRAFFIC IN THE AREA IS WHY THE FAA REQUIRES EVEN A PRIVATE HELIPAD TO BE ON CHARTS.

I SAW DURING HIS MINMOD, APPLICATION, THAT HE TWO ADVERTISE IT AS A PPR OR PRIOR AUTHORIZATION REQUIREMENT.

HE SAYS HE IS GOING TO KEEP IT PRIVATE, BUT IT NEEDS TO BE POSTED SO THAT OTHER AIR TRAFFIC IN THE AREA NEEDS TO KNOW WHAT POSSIBLE TRAFFIC THEY COULD SEE. LDC ARTICLE VI OF REQUIRES 150 FEET FROM ZONING AND 45U7B FEET FROM DWELLINGS.

>> HE IS REQUIRED TO FILE A 70 -- FORM 7800-1 WITH THE FAA IN ORDER TO GET THIS HELIPAD APPROVED.

LADIES AND GENTLEMEN THANK YOU FOR YOUR TIME.

AND I PRODUCE APPRECIATE YOUR SUPPORT IN DENYING THIS

APPLICATION. >> THANK YOU VERY MUCH.

APPRECIATE IT. >> HELLO.

MY NAME IS DR. ERIC BLOOMFIELD. I RESIDE AT 128 ASHTON OAKS DRIVE I'M RETIRED FROM THE MAYOR CLINIC AS AN ANESTHESIOLOGIST

[02:00:04]

AND I SEE YOU. PHYSICIAN.

BUT I'M ALSO RETIRED FROM THE UNITED STATES AIR FORCE RESERVE AS A FLIGHT SURGEON AND ALSO AS AN ANESTHESIOLOGIST I'VE FLOWN IN VARIOUS DIFFERENT TYPES OF AIRCRAFT, F-16S, F-15S, KC 135 TANKERS. AND ALSO HELICOPTERS BEING STRAPPED TO THE SIDE WITH A SEAT BELT AND FLYING.

15150 FEET OFF THE DECK REALLY EXCITING.

LOVED IT. DON'T WANT TO DO IT AGAIN IT'S A YOUNG MAN'S GAME. I VOMITED IN THE BACK SEAT AND HAD THE PILOT HELP ME OUT AFTERWARDS, BUT NO MORE AFTER THAT. BUT AFTER TALKING TO TWO COLLEAGUES OF MINE AND THE TWO STAR GENERALS THAT ARE RETIRED, THIS IS INSANITY. IT'S PURE INSANITY.

WE ARE AN EQUESTRIAN COMMUNITY. WE HAVE HORSES.

I HAVE FIVE HORSES. I DON'T RIDE THEM.

I DRIVE THEM. I HAVE FOR CLYDESDALES LIKE THE BUDWEISER HORSES. AS A MATTER OF FACT, I DO COME FROM ANHEUSER-BUSCH. I GOT 8,000 POUNDS OF HORSE POWER. AND ONE OF THEM GETS EXCITED SEEING A DONKEY. IMAGINE A HELICOPTER COMING DOWN AND IF THEY SPOOK AND RUN. WE COULD CAUSE SOME MAJOR DAMAGE. NO.

IT'S NOT SAFE. THIS IS NOT MEANT TO BE.

THERE ARE OTHER PLACES WHERE WE CAN HAVE AVIATION LANDING SITES.

IN SPECIFIC NEIGHBORHOODS. LIKE, I BELIEVE A FAMOUS MOVIE STAR HAS ONE IN OCALA, 100 ACRES OUR COMMUNITY WAS NOT MEANT FOR AVIATION IT'S MEANT FOR HORSES, THAT IS THE SPIRIT OF OUR COMMUNITY. DON'T FEEL SAFE THEY'RE HAVING A LANDING OF A HELICOPTER THERE COULD BE WIND SHEAR FACTOR.

THAT HELICOPTER CAN GO OFF SITE AND CAN CRASH INTO SOMETHING.

I LOST A VERY DEAR FRIEND IN AN AIRCRAFT.

HE WAS A NAVAL ACADEMY GRADUATE. HE WENT DOWN DUE TO ICING ON HIS WINGS. BECAUSE HE GOT WRONG WEATHER INFORMATION. IT CAN HAPPEN.

I DON'T WANT IT TO HAPPEN IN OUR NEIGHBORHOOD.

I DON'T WANT THAT AIRCRAFT CRASHING INTO THE WRONG HOUSE AND SOMEBODY GETTING KILLED. PLEASE DENY THIS REQUEST.

IT'S THE RIGHT THING TO DO. THANK YOU.

CHAIR HILSENBECK: THANK YOU. ANYONE ELSE LIKE TO SPEAK TO THIS ITEM? ALL RIGHT, DOWN.

>> MY NAME IS GREG DAN AT ASTOR ROAD IT'S JUST SOUTH OF THAT COMMUNITY. I JUST WANT TO SAY, FIRST OF ALL, THANK YOU FOR YOUR SERVICE AND AS FOR I'M NOT PART OF OSCAR OF THE OCEAN OAKS GROUP. BUT BEING ADJACENT TO IT.

HE HAS FLOWN OVER AND WHEN HE HAS STARTED UP AND LEFT I HAVE A DONKEY. MY DONKEY DOES NOT LIKE THIS STUFF LIKE THAT. SO PLEASE, I HATE TO SAY IT BUT DENY IT BECAUSE I BELIEVE IN PRIVATE PROPERTY RIGHTS.

BUT THE NIGHT IS BECAUSE IT IS NOT IN THE RIGHT PLACE TO HAVE IT. ALSO ONE THING THAT SOMEBODY BROUGHT UP WAS INSURANCE. I PAY RIDICULOUS AMOUNTS OF INSURANCE RIGHT NOW BECAUSE I DON'T HAVE A HYDRANT AT MY PLACE. IF THIS IS I KNOW, BY MY INSURANCE COMPANY, I'M NOT SURE WHAT MY INSURANCE IS GOING TO BE FLYING OVER WATSON ISLAND. THAT SOUNDS GREAT, BUT IF THERE IS A PROBLEM, IT DOES CRASH. IT IS VOLATILE WITH THE FOREST OUT THERE. YOU CAN HAVE A WILDFIRE, AND BY THE TIME ANYONE GETS TO IT, WE HAVE AN ISSUE OF OUR HOUSE BECAUSE MY HOUSE, MY FATHER'S -- THE RENTAL HOUSE AND ANOTHER NEIGHBOR IS THE ONLY THREE PEOPLE BACK THERE ON OSCAR ASHTON. AND TO GET SOMEBODY OUT THERE ON TIME TO PREVENT THE WELFARE. EVEN THOUGH WE HAVE A FIRE DEPARTMENT JUST 4 MILES AWAY. SO AGAIN, WE HOPE THAT YOU WOULD DENY THIS REQUEST. THANK YOU.

>> CHAIR HILSENBECK: THANK YOU. APPRECIATE IT.

WHENEVER YOU PREFER. >> MY NAME IS SANDY DAN.

MY LATE WIFE AND I OWN PROPERTY.

WE'VE HAD IT SINCE 2008, THIS IS THE FIRST TIME I'VE EVER HAD ANYTHING FROM YOUR BOY. YOU EVIDENTLY IT'S LIKE TWO TALES HERE. YOU GOT ONE SIDE HEADING SITTING UP THERE ON THE BOARD, AND YOU'VE GOT A WHOLE BUNCH OF PEOPLE THAT CONTRADICT THAT. THE PROBLEM I SEE IS THAT YOU ALL HAD SOME DEALINGS WITH THIS GENTLEMAN BEFORE AND THEN HE

[02:05:05]

DIDN'T DO WHAT YOU SAID, HE WAS SUPPOSED TO DO.

AND YET HE'S BEEN FLUNG ACCORDING TO HIS OWN RECORDS, OUT OF THAT HOME FOR THE LAST THREE YEARS, WHICH IS AGAINST THAT VIOLATION OF ZONING BOARD AS I UNDERSTAND IT.

THE PROBLEM I SEE IS THAT WHO ARE YOU GOING TO BELIEVE? YOU'RE GOING TO BELIEVE SOMEBODY THAT BOUGHT A PIECE OF PROPERTY THAT WENT AHEAD AND KNEW WHAT THAT PROPERTY WAS ZONED FOR, AND THEN OVER. OF THREE, FOUR, FIVE YEARS, SUDDENLY GOES AHEAD AND MAKES CHANGES WITHOUT PROPER AUTHORITY? OR ARE YOU GOING TO BELIEVE THAT NEIGHBORS THAT ARE TELLING YOU THERE'S A PROBLEM? I HAVE PROPERTY THAT I BELIEVE I CAN'T SEE FROM YOUR MAPS.

IS RIGHT NEXT TO HIS. WE HAVE A COMMON AREA AND I'M WELL WITHIN 500 500 FEET AND I T WANT A HELICOPTER WITH A FUEL DUMP EVEN CLOSE TO IT. ONE OTHER THING THAT WAS BROUGHT UP, BECAUSE I OWN AN INSURANCE AGENCY AND THESE PEOPLE ARE RED.

THEIR H.O.A. -- HARVEY WOULD BE CANCELED IF THEY HAD NOTICED THAT THERE WAS GOING TO BE AN AIRPORT OR A HELIPAD.

THE OTHER PROBLEM I SEE IS, AND CHECK THIS OUT, 11 MINUTES AWAY FROM WHERE THIS GENTLEMAN LIVES, THERE'S A PLACE CALLED -- LET'S SEE MY NOTES HERE. EXCUSE ME.

I'M RUNNING OUT OF TIME. REBELS AIRSTRIP.

CONTACTED THEM. THEY HAVE NO PROBLEM PUTTING IN A HELIPAD. IT'S 11 MINUTES AWAY FROM WHERE HE LIVES. WHY DOES HE HAVE TO HAVE A PROPERTY, WITH A HELIPAD ON IT WHEN HE CAN HAVE 111 MILES AWAY? 11 MINUTES AWAY. IT DOWN NEAR ROBERTSON ROAD AND 13. THE OTHER THING THAT BOTHERS ME, I'M A FORMER COUNTY COMMISSIONER OF LUCIA COUNTY AND I SAT WHERE YOU'RE SITTING AND I'VE HEARD THESE TALES, WHERE PEOPLE EMBELLISH WHAT THEY WANT TO DO TO MAKE IT BETTER FOR THEM AT THE MEANING OF THE PEOPLE THAT LIVE AROUND THEM.

BECAUSE THEY KNEW REAL GOOD AND WELL THAT THERE WAS PROPERTY, AND THAT'S HOW IT WAS OWNED. THEY DON'T LIKE IT, BUT THEY BUY IT IN ANYWAY, AND THEY TRY TO EAT IT AND TRY TO GET YOU ALL TO GO AHEAD AND CIRCUMVENT. THEY MADE A MESS OF.

IT MAKES A BIG PROBLEM, NOT ONLY FOR THE PEOPLE THAT LIVE THERE, BUT FOR US WHO LIVE AROUND THERE.

THAT FORCE WAS IN PLACE. I'D HATE TO SEE IT.

AND I'VE SEEN WHAT HAPPENS WITH OTHER PLACES LIKE THAT.

AND IF YOU'RE WORRIED ABOUT YOUR HEALTH INSURANCE, CHECK WITH SPRUCE CREEK FLY AND TELL YOU HOW MUCH IT COSTS.

THANK YOU VERY MUCH, AND I HOPE THAT YOU DO TONIGHT THANK YOU.

>> CHAIR HILSENBECK: THANK YOU, SIR.

ANYONE ELSE? SEEING NONE WOULD YOU LIKE TO GIVE A REBUTTAL TO ANY OF THOSE COMMENTS? THANK YOU. COMMISSIONER.

COMMISSIONER. SO IT MAY NOT SEEM LIKE THIS.

I'M IN AGREEMENT WITH A LOT OF THE COMMUNITY AS IT RELATES TO THIS REQUEST, THIS WAS NOT A REQUEST THAT I WANTED TO GO DOWN THIS PATH. MY HAND WAS FORCED IN THIS REGARD. IN MY HEART OF HEART I'M NOT EMBELLISHING I'M NOT TELLING TALL TALES.

I THOUGHT I WAS DOING EVERYTHING IN GOOD FAITH.

THROUGHOUT THE PROCESS. YOU KNOW, OTHERS DO NOT FEEL THE SAME WAY. WHICH I THINK IS UNFORTUNATE.

BUT THE OTHER THING THERE WERE SOME COMMENTS MADE JUST TO SET THE RECORD STRAIGHT ABOUT ME BEING A DOCTOR.

THAT DIDN'T COME FROM ME IN ANY WAY, SHAPE OR FORM THAT CAME FROM THAT. WHO I THINK SHE MISUNDERSTOOD THAT I WAS TRAVELING BACK AND FORTH QUITE A BIT TO TAKE CARE OF MY DAD, BECAUSE I HAD TO GET HIM TO DR. APPOINTMENTS.

SO THAT'S JUST A MISUNDERSTANDING AS IT RELATES TO THAT I'M NOT A DOCTOR. I NEVER CLAIMED TO BE A DOCTOR IN ANY WAY SHAPE OR FORM. LIKE I SAID, I'M LOOKING FOR ANALYSIS ALTERNATIVES. THE WHOLE NOTION OF THIS ORIGINALLY WAS SAID TO BE TEMPORARY.

THERE WAS NOTHING THAT I RECEIVED THAT SAID CEASE AND DESIST FROM A COUNTY PERSPECTIVE AS IT RELATES TOO FLYING IN OR OUT OF. OBVIOUSLY, I TRIED TO KEEP OUT OF RESPECT FOR THE COMMUNITY AND THE NEIGHBORHOOD ONCE THIS

[02:10:03]

PROCESS GOT GOING. I DID CEASE AND DESIST ON MY OWN ACCORD, BUT I DIDN'T RECEIVE ANYTHING CORRESPONDENCE FROM THE CODE ENFORCEMENT OR ANY FOLKS SAYING THAT I COULDN'T FLY IN AND OUT AS THIS PROCESS OUT. SO YEAH.

I THINK IT'S THAT THERE IS NO WINNERS AND LOSERS IN THIS SCENARIO. IF I COULD HAVE MY HELICOPTER, IN AND SAINT AUGUSTINE, IT WOULD BE THERE TOMORROW BECAUSE I JUST DON'T HAVE THAT LUXURY. THE REBEL AIRFIELD IS NOT A MATTER OF INSTALLING A HELIPAD. IT'S THE FACILITY, THE STRUCTURE O HOUSE THE AIRCRAFT --S NONEXISTENT.

THAT'S THE CORE OF THE ISSUE. AND WHY I'M IN THE SITUATION THAT I'M IN I DO APPRECIATE THE COMMITTEE'S WILLINGNESS TO SUPPORT TEMPORARY PROVISION, WHICH HAS BEEN GREAT TO KEEP THE HELICOPTER ON THE ELEMENTS. ONCE AGAIN, I HAVE NOT FOCUSED A LOT OF TIME AND ENERGY ON THIS OR TO INCLUDE THE SUBSEQUENT.

LOSSES, BECAUSE THIS IS THE FIRST STEP IN A LONG, LONG JOURNEY AND MY METER'S BEEN PEGGED YOU CAN TELL FROM HOW THIS HAS REALLY UNFOLDED AND I WISH IT WAS A DIFFERENT OUTCOME.

I DON'T THINK ANYTHING PERSONALLY.

IT IS WHAT IT IS. I OPERATED PROBABLY ON SOME BAD INFORMATION INITIALLY, BUT EVERYTHING ELSE I FELT LIKE I CERTAINLY HAD THE RIGHT KIND OF APPROVALS AND HERE WE ARE.

THIS BRINGS US TO THE TODAY I DO THANK YOU FOR YOUR TIME AND

CONSIDERATION. >> THANK YOU.

ANY QUESTIONS FROM BOARD MEM MEMBERS?

MR. >> MR. LABANOWSKI: THANK YOU, MR. DUNN BECAUSE I WAS GOING TO USE HIS FARM ANIMALS AS AN EXAMPLE, WHICH IS DOWN ON THE OSCAR.

AND THE FLIGHT PATH GOES RIGHT OVER AND THE RESIDENTS THERE AND GUARANTEE YOU THE FARM ANIMALS THERE WILL BE HAPPY ABOUT IT.

AND NEITHER THE HORSES. THIS IS AN EQUESTRIAN COMMUNITY.

HORSES AND I'VE SEEN IT AROUND THAT HE WAS FOR A LONG TIME AND IT'S UNDERSTANDABLE PEOPLE GET FRIGHTENED, NOT JUST PEOPLE, BUT ANIMALS REGARDLESS OF WHETHER IT'S DOMESTIC ANIMALS OR WILD ANIMALS, BUT MORE SO DOMESTIC BECAUSE THEY COULD DO A LOT OF DAMAGE, ESPECIALLY IN THE FENCE IN AREAS.

SO THERE ARE CONCERNS THERE IT'S NOT REALLY COMPATIBLE WITH THE COMMUNITY IS WHAT I'M LOOKING AT RIGHT NOW.

AND THAT'S MY BIGGEST CONCERN. >> CHAIR HILSENBECK: ANY OTHER BOARD MEMBER COMMENTS? OK.

MISS SPIEGEL. >> VICE CHAIR SPIEGEL: I JUST HAVE A QUESTION. THANK YOU VERY MUCH FOR YOUR SERVICE AND THANK YOU FOR LETTING YOURSELF BE INJURED TO HELP US THANK YOU FOR THAT. I JUST HAVE A QUESTION FOR MR. TAYLOR. I DON'T REMEMBER THAT WE'VE EVER HAD A MINOR MODIFICATION THAT WAS BROUGHT FORTH BY ONE PERSON WITHOUT APPROVAL OF THE H.O.A. OR I MEAN, THAT JUST SEEMED ODD, ESPECIALLY THE WHOLE H OH IN OPPOSITION TO THIS.

>> HE DOESN'T NEED APPROVAL. THERE'S BEEN A RECENT STATUTE.

I CAN'T REMEMBER FIVE YEARS AGO. >> THIS ALLOWS FOR SOMEONE THAT'S ATTACHED TO BRING THIS KIND OF REQUEST FOR TO YOU.

IT DOESN'T MEAN YOU HAVE TO GRANT IT.

IT JUST MEANS THEY'RE ALLOWED TO BRING IT.

BUT IT IS ALLOWED UNDER FLORIDA LAW FOR THEM TO BRING IF YOU DO.

AS LONG AS IT ONLY AFFECTS THEIR PORTION THAT THEY ACTUALLY OWN.

>> VICE CHAIR SPIEGEL: OK, THANK YOU SIR.

IT SEEMS LIKE IT AFFECTS MORE THAN JUST YOUR PROPERTY TO ME, IT SEEMS LIKE UNINTENTIONALLY, I THINK YOUR MOTIVES ARE PROBABLY VERY GOOD AND I UNDERSTAND THAT DELIGHT IN BEING ABLE TO DO THIS. SO ANYWAY, THANK YOU.

>> ALL RIGHT, IF THERE'S NO MORE DISCUSSION, DO WE HAVE A MOTION?

MR. >> MR. LABANOWSKI: I'LL MAKE A MOTION TO DENY. THE LANDING SITE BASED ON FIVE FINDINGS OF FACT AS PROVIDED WITHIN THE STAFF REPORT.

>> CHAIR HILSENBECK: OK, WE HAVE A MOTION FOR DENIAL.

WE HAVE A SECOND FROM MS. PERKINS.

ANY FURTHER DISCUSSION? OK, OUR VOTING BOARD IS UP.

THEY VOTE YES IS TO DENY. >> THANK YOU.

>> CHAIR HILSENBECK: THAT IS DENIED UNANIMOUSLY.

>> CAN YOU PUT A CEASE AND DESIST ON THAT?

[02:15:05]

>> CHAIR HILSENBECK: STATS. PROBABLY ABOVE MY PAY GRADE, WHICH IS VERY LITTLE AND I'M NOT A COUNTY COMMISSIONER ACTUALLY.

[LAUGHS] >> IT'S A SUDDEN VIOLATION AND YOU ASKED THEM TO START THIS PAPERWORK?

>> THE COUNTY, GENERALLY SPEAKING WITH ITS CODE ENFORCEMENT, DOES IT BY COMPLAINT.

WE DON'T JUST GO OUT AND DO SOMETHING, BUT ANY CITIZEN THAT PUTS IN A COMPLAINT IF THERE'S NOT EVERYONE, IF THERE'S A COMPLAINT THAT'S BEEN IN THE SYSTEM ALREADY AND JUST PAUSED FOR THIS HEARING, THEN IT WILL, OFF AND IT WILL GO BACK TO CODE

ENFORCEMENT FOR COMPLIANCE. >> CHAIR HILSENBECK: OK, IT'S AS GOOD AS IT'S GOING TO GET. THE ATTORNEY HAS SPOKEN.

ALL RIGHT, WE ARE FINISHED WITH THIS ITEM, AND I THINK WE NEED TO TAKE A 10-MINUTE BREAK. BEFORE WE GO ON TO TWO DIFFERENT

ITEMS. >> 3:35.

[4. MINMOD 2026-10 359 White Horse Way Pool. Request for a Minor Modification to the Oxford Estates PUD (Ordinance 2013-16, as amended) to allow a Rear Yard setback of five (5) feet in lieu of the ten (10) foot requirement to accommodate placement of a swimming pool, specifically located at 359 White Horse Way.]

TRAVEL OK, WE'RE BACK IN SESSION.

WE ARE TO ITEM NUMBER FOUR, WHICH IS A MINOR MODIFICATION ON WHITE HORSE WAY PICKETS UP FOR APPROVAL, APPROVAL.

ERIC AND ERIC ADAMS,, FORWARD. LET US HEAR WHAT YOU HAVE TO SAY. AND WE NEED EXPERTISE FROM OUR BOARD MEMBERS. MR. LABANOWSKI.

>> YES, I WAS ABLE TO GET THROUGH THE GATE.

THE GATE WAS OPEN. [LAUGHTER]

AND I VISITED THE SITE. >> MR. OLSON I WAS AT THE SITE LAST SUNDAY MORNING AND SAT AT THE GATE AND REALIZED I WOULDN'T BE ABLE TO LOOK AT THE PROPERTY. [LAUGHTER] IT WAS A NICE DRIVE. ANYWAY.

ALL RIGHT. THE FLORES YOURS.

>> ALL RIGHT, GOOD AFTERNOON. MY NAME IS ERIC ADAMS AND THIS IS MY WIFE ALICIA ADAMS. I'M GOING TO GO TO THE FIRST SLIDE HERE. REQUEST FOR MODIFICATION IS BASICALLY A RIVER OF AUTOMATION TO THE REAR, SETBACK FOR THE RESIDENTIAL PULL. WERE TRYING TO DO IT FROM -- REDUCE IT TO 5 FEET. HERE'S THE REGULATON SETBACKS FOR AIR POD. AND SO JUST -- WE -- OUR REQUEST TODAY IS JUST SIMPLE WE'RE REQUESTING A 5-FOOT SETBACK.

AND EVERYTHING ELSE WITH THE POOL.

SETBACKS, BLOCK COVERAGE. THE ISR.

IT'S FULLY IN COMPLIANT WITH THE CODE.

N OUR RELIEF IS JUST 5 FEET TO THE REAR.

AS YOU CAN SEE THE REQUIREMENTS ARE SET FOR OUR NEIGHBORHOOD IS 10 FEET. FRONT YARD IS 10 FEET.

REWARD IS 10 FEET. CORNER LOT IS ADJACENT TO THE LAND CODE. AND AIR FLAG LOT IS MINIMUM WIDTH OF 25 FEET. ALL RIGHT.

THERE IS THE ACCESSORY STRUCTURES AND THE EQUIPMENT PADS AS WELL. ALL RIGHT, SO HERE'S THE EXISTING FOUR OUR HOME. THE TOTAL LOT IS 10,100.

IT'S 45 SQUARE FEET. THE HOUSE IS AS IT CURRENTLY STANDS, IS AT 4506 SQUARE FEET FOR THE DRIVEWAY AND WALKWAY IS 54. 954 FEET.

AND THE AC EIGHT -- 38 SQUARE FEET.

THE POOL AND THAT IS AT 691. >> VICE CHAIR SPIEGEL: AND THE PRIVACY WILL BE AT 32 FEET THE TOTAL CALCULATION WITH THAT 606,221 FEET SQUARE FEET. AND IT'S EQUAL TO 61 TOTAL LOT COVERAGE. HERE'S OUR RSR.

FOR OUR NEIGHBORHOOD. AS IT CURRENTLY STANDS, OUR ISR TO FIT THE NEIGHBORHOOD IS AT 70%.

WITH THAT ADDITIONS WILL BE AT 61.

TOTAL LOT COVERAGE. ALL RIGHT.

[02:20:07]

OUR CONDITIONS -- EXCUSE ME. THE HARDSHIP HERE IS PHYSICAL AND UNIQUE TO THIS LOT. IT'S NOT FINANCIAL IT'S NOT PERSONAL. OR ITS NOT SELF-CREATED.

FIRST LOT IS ROUGHLY 83 FEET. THAN THE EXISTING GROUP.

M SIDE LOTS CONSUMED MOST OF THE WIDTH.

SECOND, THE REAR OF THE LOT ADJACENT TO THE PROTECTED UPLAND BUFFER AND PRESERVATION AND THE BILL YARD IS SHALLOWER THAN IT APPEARS ON PAPER. THIRD, THE REAR YARD HAS A SIGNIFICANT DROP IN GRADE, WHICH FURTHER REDUCES UNIQUELY USABLE AREA BEYOND THE HOUSE. WHEN YOU STACK THE 10-FOOT REAR SETBACK ON THE TOP OF THOSE CONSTRAINTS, THERE'S NO PARTICULAR PRACTICAL LOCATION ON THE LEFT FOR A POOL.

IMPROVEMENT IS COMMON THROUGHOUT THIS COMMUNITY.

DISTRICT APPLICATION OF SETBACK WILL DENY THE OWNERS A REASONABLE USE OF THE YARD THAT THE OTHER NEIGHBORS ALREADY ENJOY. NO IMPACTS TO OUR NEIGHBORS.

IT'S APPLICABLE WITH THE AGRICULTURE AND ESTHETIC STANDARDS AND DEVELOPMENT. REQUIREMENTS FOR NEIGHBORHOODS.

NEIGHBORS HAVE SIMILAR EXISTING SETBACKS.

THE SPIRIT OF AND PURPOSE OF THIS CODE.

THAT REQUEST FOR THE BALL SETBACK IS IN THE INTENT AND THEN PURPOSE OF ST. JOHN'S COUNTY LAND CODE AS IT PERTAINS TO PROTECTION OF NEIGHBORING PROPERTIES.

PUBLIC SAFETY AND OVERALL COMMUNITY CHARACTER WHILE WITHIN REASONABLE USE OF THE PROPERTY. APPROVAL OF THIS VARIANCE WILL NOT CREATE ANY UNDUE HARDSHIP OR NEGATIVE IMPACT ON ADJACENT COMMUNITIES OR THE SURROUNDING COMMUNITY.

AS YOU CAN SEE. ALL RIGHT.

THIS REQUEST ALL RIGHT. LASTLY, THIS IS THE SLIDE PLAN OF THE POOL. WE DO HAVE THE -- THE POOL THAT'S GOING TO BE BUILDING OUR POOL A REP WITH US HERE TO ANSWER ANY ONE OF YOUR QUESTIONS REGARDING THAT.

AND THESE THREE PHOTOS IS HELD A THAT WILL LOOK WITH THE NEW POOL INSTALLED. AS YOU CAN SEE ON THE END, YEAH, IT'LL BE ENCODED WITH THE CURRENT H.O.A. COMPLIANT.

AND HERE'S THE OVERVIEW. THANK YOU FOR YOUR TIME AND I'LL

TAKE QUESTIONS. >> CHAIR HILSENBECK: THANK YOU VERY MUCH FOR THE PRESENTATION.

MISS SPIEGEL? >> VICE CHAIR SPIEGEL: HI, YOU DID A GOOD JOB, I CAN TELL YOU WERE A LITTLE NERVOUS, BUT I JUST HAVE A QUICK QUESTION. WE HAD AN EMAIL FROM A NEIGHBOR CONCERNED. WE'LL THERE BE ANY TREES CUT

DOWN IN ORDER TO BUILD THIS? >> ONLY TREES WILL BE WITHIN MY

PROPERTY. >> VICE CHAIR SPIEGEL: NOTHING IN THE CONSERVATION AREA WILL BE TOUCHED?

>> WE CAN SHOW YOU WHERE I COULD SHOW YOU ON ONE OF THE SLOTS.

>> VICE CHAIR SPIEGEL: I KNOW ACCORDING TO THE RULES, YOU CAN'T CUT DOWN TREES IN THE CONSERVATION AREA ANYWAY BECAUSE IT'S AGAINST THE LAW. I JUST WANT TO GET THAT ON THE

[02:25:01]

RECORD THAT THERE WILL BE NO TREES CUT DOWN OUTSIDE OF THERE.

THANK YOU VERY MUCH FOR YOUR PRESENTATION.

>> CHAIR HILSENBECK: MR. >> MR. LABANOWSKI: JUST A QUICK QUESTION ON THE H.O.A. SIDE INTO DOCUMENTS ON THE H.O.A., WHAT IS THE MINIMUM SETBACK FOR THE H.O.A.? I DIDN'T SEE IT IN -- 10 FEET, BUT THE H.O.A.? HAVE YOU CLEARED THIS TO THE H.O.A. ALREADY? FOR IS THE H OH APPROVAL, PD THIS?

>> THOUGH, SIR. WE WANTED TO COMPLETE THIS FIRST AND GET APPROVAL BEFORE WE PROCEEDED.

>> MR. LABANOWSKI: OK, THAT'S ALL.

>> MR. OLSON. >> MR. OLSON: YES, JUST A QUICK QUESTION AND I SEE THAT IN STAFF REPORT THAT THERE WAS A SIMILAR SITUATION THEN YOUR APPLICATION. IN WHAT 2020 THAT WAS APPROVED IN THE NEIGHBORHOOD OR THAT H.O.A. AND POSSIBLY A SECOND ONE. THE WAY IT'S WORDED, IT'S NOT EASY TO PRECISELY UNDERSTAND WHAT THAT WAS.

SO MY ONLY QUESTION IS, DOES THE ILLUSTRATION OR RENDERING POOL MEASURING PRETTY WELL DEPICT YOUR NEED TO -- YOUR BUILDING OUT ON A DROPPING GRADE. SO YOU'RE HAVING THIS HIGHER LEVEL OR THIS CONTAINMENT FOUNDATION THAT, THAT THAT COMES OUT. SO YOU'RE NOT DOING ANY REGRADING. YOU'RE ESSENTIALLY BUILDING TO THE ACTUAL GRADE THAT'S THERE. IS THAT CORRECT?

>> YES. THIS IS OUR POOL CONTRACTOR.

SO WE COME TO ANSWER ANY SORT OF TECHNICAL QUESTIONS.

>> HI, SO IT WILL BE BUILDING A RETAINING WALL.

THERE'LL BE NO CHANGE TO THE ACTUAL ELEVATIONS THAT THERE ARE ENTRY CONTAIN ALL THE DIRT WITHIN THAT.

WELL AS YOU CAN SEE THERE ON THAT THREE D.

THAT POOL WELL WE WERE ON A RETAINING WALL IN THAT AREA.

AND THEN THE REST OF THE DECKING WILL BE AN ACTUAL RETAINING

WALL, BASICALLY. >> MR. OLSON: ALL RIGHT, OK, THANK YOU. THAT WAS MY ONLY QUESTION.

>> CHAIR HILSENBECK: ON. ANY OTHER QUESTIONS FROM THE BOARD? ANYONE ON THE IN THE AUDIENCE WISHES TO SPEAK TO THIS ITEM? SEEING NONE, REBECCA IN THE AGENCY FOR DISCUSSION FOR MOTION, WHATEVER.

MR. GREENE. >> 359, WHITE HORSE WAY.

BASED ON THE SIX FINDINGS OF FACT AND THE CONDITIONS.

SORRY. >> CHAIR HILSENBECK: APPROVAL FROM MR. GREENE, SECOND FROM MR. ANY DISCUSSION? SEEING NONE. PASSES NOW IT PASSES UNANIMOUSLY. THANK YOU.

[5. MINMOD 2026-12 102 Quadrille Way Pool. Request for Minor Modification to the Players Club/Marsh Landing PUD (Ordinance Number 1975-15, as amended) to allow for a Rear Yard setback of five (5) feet in lieu of the required ten (10) feet to accommodate construction of a new swimming pool.]

>> THANK YOU. >> CHAIR HILSENBECK: THANK YOU.

ALL RIGHT, NEXT IS ADAM NUMBER FIVE.

ALEX SMITH ANOTHER MINOR MODIFICATION, ANOTHER APPROVAL.

ANY EX PARTE ON THIS? SEEING NONE, THE FLORES YOURS.

MR. OK, THANK YOU MY NAME IS ALEX SMITH. I LIVE AT 102 FORD WAY AND JUST TO GIVE YOU A QUICK BACKGROUND, WE PURCHASED THE PROPERTY ABOUT A YEAR AGO. QUADRILLE IS A SMALL.

DEVELOPMENT CONSISTING OF ABOUT 20 HOMES INVOLVED IN BUILDING WITHIN THE LAST THREE TO FOUR YEARS.

16 OF WHICH WERE CONSTRUCTED WITH PULL STRINGS.

THE INITIAL CONSTRUCTIONS. UNFORTUNATELY, OURS WAS NOT ONE OF THEM. AND WE ARE THE FIRST HOME OWNER TO AT APRIL ■POST HOME CONSTRUCTION.

THIS IS KIND OF THE MERGING OF WHAT WE'RE TRYING TO DO AND AGAIN, IN ORDER TO GET THIS, WE'RE GOING TO VERY SIMILAR TO THE PREVIOUS PRESENTATION, WE ARE GOING TO NEED A VARIANCE IN THAT REAR SETBACK FROM 10 FEET TO 5 FEET.

SHORT OF LETTING EVERYBODY DOWN AND DOING A SITE VISIT, WE CAME UP WITH THIS SLIDE HERE, THAT KIND OF GIVES A SUMMARY OF SOME OF THE CHALLENGES THAT WE HAVE FACED AND OUR PROPOSED SOLUTION.

SO THIS IS ABOUT VIEW. AS YOU LOOK BACK INTO OUR BACKYARD OF OUR DECK, AND WHEN WE FIRST LOOKED AT THE PROPERTY.

KNOWING THAT WE WANTED A POOL, WE LAID DOWN A TAPE MEASURE AND MEASURED FROM THE PORCH OUT TO THE FENCE SURROUNDING THE RETAINING WALL AND GOT 24 FEET AND MY WIFE AND I ALTERED THAT 24 FEET WOULD BE APPROPRIATE AMOUNT OF SPACE TO PUT PEOPLE IN AND AS WE MOVED FORWARD WITH THE PROJECT, ONE OF THE FIRST THINGS THAT WE DID WAS WE GOT AN UPDATED SURVEY OF THE PROPERTY AND ONE OF THE FINDINGS THAT WE FOUND OUT IS THAT THE PROPERTY LINE IS NOT ACTUALLY AT THE FENCE.

THE PROPERTY SITS ABOUT A FOOT AND A HALF TO 2 FEET.

[02:30:04]

INSIDE OF THE ACTUAL FENCE SURROUNDING THAT RETENTION POND, AND THEN WHEN WE MET WITH OUR POOL BUILDER, WHAT WE FOUND OUT IS, UNLIKE MANY OF OUR NEIGHBORS WHO BUILT THEIR POOL AS THEY WERE BUILDING THEIR HOMES, IS THAT THEY WERE POURING THE FOUNDATION AND THE FULL AT THE SAME TIME, OFF THAT THEY COULD JUST SEE THE FITTINGS A LITTLE BIT LOWER AND BRING THE POOL MUCH CLOSER TO THE HOUSE WITH THE POOL DESIGNER, TOLD US.

IS THAT THERE IS A 1-1 RATIO KIND OF, OF SOME DEPTH TO DISTANCE RATIO THAT HE WOULD DO KIND OF ADD AN EQUAL ONCE THE HOUSE IS UNDER FULL STRUCTURAL LOAD.

SO FOR US TO GET A STANDARD 5-FOOT DEPTH POOL, WE WOULD HAVE TO BE OFF THE BACK PORCH 5 FEET. AND REALLY THE KICKER WAS THIS SETBACK THAT TREATED THE EVEN WHEN THAT WAS BUILT AT GROUND LEVEL WAS NO SCREEN ENCLOSURE, NO DIFFERENT TO THE HOME ITSELF, AND SO THAT WOULD LEAVE US WITH APPROXIMATELY 7 FEET, AND THAT'S WHEN THE BUILDER LOOKED AT US AND SAID, I BUILT POOLS AS MUCH AS I'D LIKE TO BUILD YOUR POOL. THIS IS JUST NOT THE RIGHT REINVESTMENT. I WOULD RECOMMEND SEEKING A VARIANCE. SAYS THE COUNTY'S USUALLY VERY REASONABLE. SO I JUST GOT TO WITNESS ON REQUEST LIKE THIS ESPECIALLY WHEN YOU HAVE NO PROPERTY OWNER IMMEDIATELY TO YOUR REAR. THAT COULD BE IMPACTED BY PUSHING THAT BACK A LITTLE BIT CLOSER TO THE PROPERTY LINE.

SO WITH THIS 5-FOOT MODIFICATION THAT WE'RE ASKING FOR, WE WOULD GET A 12-FOOT POOL, WHICH HE THOUGHT WOULD BE A SIZE POOL FOR THE HOME. SO WE DECIDED TO GO AHEAD AND REQUEST THAT VARIANCE, I JUST WANT TO RECOGNIZE I'M NOT SURE IF HE'S THERE, TREVOR STEVEN, WHO WAS VERY, VERY GENEROUS WITH HIS TIME AND EXPLANATION OF WHAT THIS WOULD TAKE AND THE ONE THING THAT STANDS OUT FROM THAT CONVERSATION A YEAR AGO IS THAT HE REALLY RECOMMENDED START WITH YOUR NEIGHBOR.

START WITH YOUR H.O.A. AND KIND OF WATCHING SOME OF THESE PREVIOUS PRESENTATIONS, I'M REALLY GLAD I DID THAT, FOLLOWED HIS ADVICE, BUT LUCKY FOR ME, MY IMMEDIATE NEIGHBOR TO THE EAST WAS JUST ELECTED THE NEW H.O.A. PRESIDENT.

SO ONE OF THE FIRST THINGS I DID WAS SAT DOWN WITH HIM AND WENT THROUGH THE VERY EXPENSIVE 50-PAGE, CARRIES TO MAKE SURE I UNDERSTOOD THAT WE WERE ON THE SAME PAGE WITH ALL THE REGULATIONS AND THE H.O.A. POLICIES REGARDING POOLS, AND WHAT THE ACTUAL APPLICATION PROCESS.

SINCE THIS WAS THE FIRST POOL THAT THE ARCHITECTURAL REVIEW BOARD WOULD BE KIND OF MEETING WITH AND REVIEW JUST WHAT THOSE PASSES WERE. THREE THINGS THAT WE REALLY WANTED TO DO IS, NUMBER ONE, WHEN WE READ THE, THERE WAS A VERY CLEAR STIPULATION THAT THE POOLS WITHOUT SCREEN ENCLOSURES COULD CROSS SETBACK LINES. AND SO THAT WAS ONE OF THE THINGS THAT WE WANTED TO BE SURE THAT WE DIDN'T HAVE A SCREEN ENCLOSURE AS A PART OF IT. BUT THE SECOND THING IS THAT WE KEPT THE POOL, WHEN YOU LOOK AT KIND OF THE PLOT MAP WITHIN THE LIMITS OF THE EXISTING PORCH, SO IT DIDN'T KIND OF PUSH UP TO ONE SIDE OR THE OTHER OF THE ADJACENT PROPERTY LINES.

AND THEN THE SECOND THING IS JUST KEEP EVERYTHING AT GROUND LEVEL. SOMETIMES IT PULLS HAVE SPARS, THAT KIND OF RAISE UP OUT OF THE GROUND IF YOUR FEED.

WE WANTED TO MAKE OURS AS INCONSPICUOUS AND SUBTLE AS POSSIBLE SINCE WE WERE PUSHING IT FIVE EXTRA FEET BACK OUT INTO THE LOT. SO THE GOOD THING AND I'M REALLY GLAD THAT I INCLUDED THIS SLIDE. HEARING SOME OF THE PREVIOUS PRESENTATIONS IS THAT HERE'S THE DOCUMENTS AND THE SUPPORTS AND THE APPROVALS THAT WE RECEIVED FROM THE ARCHITECTURAL REVIEW BOARD. SECONDLY, FROM THE H.O.A.

ITSELF. ONE ADDITIONAL THING THAT WE DID SINCE WE WERE PUSHING CLOSER TO THAT RETAINING WALL TO THE BACK OF OUR PROPERTY IS WE GOT AN INDEPENDENT ENGINEERING ASSESSMENT THAT EXCAVATION WOULD NOT ANY WAY COMPROMISE THE INTEGRITY OF THAT RETENTION RETENTION POND WALL.

SO WE HAVE EXCAVATION AND INSTRUCTIONS SAYING THAT AS LONG AS WE ARE WITHIN 8 FEET AND WE ARE AT LEAST 10 OR 11 FEET, WE'RE GOOD TO GO. THE LAST ONE THAT REALLY WORRIED ME IS DURING THE MIDDLE OF THIS WHOLE PROCESS, WE GOT A NEW NEIGHBOR. AND SO I HAD THAT KIND OF AWKWARD THING WHERE I GO, A, NICE TO MEET YOU.

OH, BY THE WAY, WE'RE PUTTING IN A NEW POOL.

YOU KNOW? WE'RE GOING TO HAVE -- AND WE'RE SEEKING APPROVAL AND A VARIANCE OF AND LAURA DE VICENTE'S,.

>> CHAIR HILSENBECK: NEIGHBORS, HAVE BEEN GREAT AND THEY

[02:35:01]

UNDERSTAND THAT PUTTING UP WITH A FEW WEEKS OF CONSTRUCTION AND THE BIG SCHEME OF THINGS WILL BE GOOD FOR PROPERTY VALUES IN THAT NEIGHBORHOOD AND THINGS LIKE THAT.

WE'VE GOT THEIR APPROVAL INCLUDED THAT AS WELL.

SO JUST TO KIND OF ROUND OUT THE PROPERTY, IF YOU'VE SEEN THE.

KIND OF WHAT IT LOOKS LIKE TO THE BACK.

IF YOU WALK OUT INTO THE YARD AND LOOK TO THE WEST TO THE LEFT, YOU CAN SEE THAT OUR NEIGHBOR ON THE LEFT, WE'VE GOT GOOD PRIVACY FROM EXISTING LANDSCAPING.

AND IF YOU LOOK RIGHT, KIND OF KIND OF THE SAME THING.

SO THAT THIS POOL, EVEN THOUGH IT'S PUSHING OUT A LITTLE BIT FURTHER, WILL STILL MAINTAIN GOOD PRIVACY.

THEN WHEN YOU LOOK AT THE OVERHEAD VIEW, YOU CAN SEE THAT THERE'S STILL WILL BE SOME SPACE BEYOND THE LIMITS OF THE POOL AND THAT WE HAVE THAT WIDE RETENTION POND.

AND THEN THE MARSHLAND. BEFORE YOU GET TO THE ADJACENT PROPERTY OVER IN MARSH LANDING, WHICH IS, I WOULD SAY, COMING CLOSE TO 7500 FEET AWAY. I'VE PUT ALL THIS IN MY ORIGINAL APPLICATION. SO I'LL JUST KIND OF FOCUS HERE ON THE UNDUE HARDSHIP. AND I WOULD SAY THE UNDUE HARDSHIP IS REALLY KIND OF THE ESSENCES THAT WE WOULD NOT BE ABLE TO REALIZE KIND OF THAT FLORIDA LIFESTYLE THAT WE FIRST ENVISIONED WHEN WE WALKED INTO THE HOME.

AND LOOK AT THE PROPERTY AND KIND OF THOUGHT ABOUT PUTTING A POOL IN. 80% OF OUR NEIGHBORS DO HAVE THIS AS OUR REALTOR SAYS, IT'S THE NUMBER ONE AMENITY PEOPLE ARE LOOKING FOR WHEN THEY MOVE TO THIS AREA.

AND THERE'S A REAL ECONOMIC ASPECT TO THIS AS WELL.

WHEN WE BID ON THE HOME, ONE OF THE THINGS THAT WE SAID IS, GREAT HOME. WE'RE GOING TO HAVE TO PROBABLY SPEND SIX FIGURES TO PUT IN A POOL.

MIGHT NOT SCENARIO IS NOT JUST MAYBE NOT HAVING THAT POOL AND WHAT IT WOULD MEAN FINANCIALLY, BUT AS IF I EVER HAD TO SELL THE HOUSE AND DISCLOSE TO A FUTURE BUYER, LIKE, THERE'S NO POOL HERE. BUT YOU CAN'T PUT IN A POOL.

WHERE TWO DOORS DOWN PICK MY NEIGHBORS HAVE IN A VERY SIMILAR SIZED HOME, A 15 BY 40-FOOT POOL AND 814 BY 30-FOOT POOL.

AND WE WOULD KIND OF BE FOREVER RELEGATED TO KIND OF LIKE THIS SECOND TIER PROPERTY WITHIN OUR OWN DEVELOPMENT.

SO WITH THAT, I THINK I WOULD JUST CLOSE BY SAYING WE WOULD INVEST IN OUR COMPANY, WE WANT TO IMPROVE OUR PROPERTY.

WE'D LOVE TO PUT IN THIS POOL. WE'VE GOT THE APPROVALS.

AND WE THINK THE BENEFITS GREATLY OUTWEIH ANY POTENTIAL RISKS OR DOWNSIDE OF MOVING FORWARD AND WITH THAT, I'D BE

HAPPY TO ADDRESS ANY QUESTIONS. >> CHAIR HILSENBECK: GREAT.

THANK YOU SIR. MR. OLSON.

>> MR. OLSON: YEAH. YOUR RESPONSE AS TO THE HAR HARDSHIP, THAT ENFORCEMENT OF THE CODE WOULD CAUSE UNDUE HARDSHIP. YOUR RESPONSE REALLY EMPHASIZES AND FOCUSES ON MAXIMIZING REAL ESTATE -- RESALE VALUE, PLACING -- I'M TRYING TO RED LINES FROM IT.

INCREASING APPEAL TO FUTURE BUYERS.

AND PART OF HOW WE REVIEW A SITUATION LIKE THIS IS THAT WE HAVE TO REVIEW IT AGAINST WHAT THE HARDSHIP BASIS FOR ZONING VARIANCE AND SO LOSS OF PROSPECTIVE PROFITS IS NOT A BASIS FOR SEEKING THIS MODIFICATION.

I GUESS WHAT I'M LEADING TO IS, DID YOU WANT TO ADD TO YOUR HARDSHIP STATEMENT? BECAUSE THIS IS A LITTLE BIT DIFFERENT FROM THE PRIOR APPLICATION THAT YOU JUST WITNESSED. BECAUSE THAT WAS -- HAD ANOTHER -- ONE OR TWO OTHER VERY SIMILAR VARIANCES ALREADY, GRANTED, WHICH WAS ANOTHER FACTOR IN CONSIDERING THAT ONE.

THIS STAFF REPORT DOESN'T REFER TO ANY OTHER SIMILAR VARIANCES THAT HAVE BEEN GRANTED. SO AGAIN, MY QUESTION IS, DID YOU WANT TO ADD TO ANYTHING THAT MIGHT CONNECT WITH OUR BASIS FOR GRANTING A VARIANCE ON THIS PROJECT OTHER THAN INCREASING THE VALUE OF THE PROPERTY QUOTE ABSOLUTELY.

FIRST OF ALL, I WOULD JUST SAY YOU'VE SEEN NO OTHER REQUESTS, EVERY OTHER POOL THAT WAS BUILT IN OUR COMMUNITY WAS BUILT WITH THE INITIAL CONSTRUCTION OF THE HOME.

[02:40:03]

AND IF WE LOOK AT -- I KNOW, ONE IS THE SHAPE OF THE PROPERTY.

BUT IT'S ONE OF THE KIND OF THE CRITERIA.

IT'S NOT SO MUCH ABOUT THE SHAPE OF THE PROPERTY IT'S KIND OF THE SHAPE OF THE PROPERTY THAT WE HAVE BEEN LEFT WITH BASED UPON THE CONSTRUCTION DECISIONS OF THE PREVIOUS OWNER.

IF WE BUILT THE HOUSE AND WANTED, WE WOULD HAVE BEEN ABLE TO PUT THAT IN KIND OF OUR COMPREHENSIVE PLAN IN DETERMINING WHERE WE PLACE THE HOME ON THE PROPERTY, WHAT THE DIMENSIONS OF ROOMS OR THE PORCH WAS, OR EVEN THE DEPTH OF THE FOUNDATION. AND I THINK IF WE BUILT THIS HOUSE, THERE WOULD PROBABLY BE NO NEED FOR US TO REQUEST THIS VARIANCE, WHICH IS PROBABLY WHY EVERY OTHER HOMEOWNER WAS ABLE TO DO SO WITHOUT -- BUILT A POOL, WAS ABLE TO DO SO WITHOUT A VARIANCE. AND WE'RE IN A UNIQUE SITUATION WITH THE FIRST ONE TO ADD A POOL.

AND THAT 80% OF OUR FELLOW HOMEOWNERS IN ERROR, DEVELOPMENT ALL BUILT THEIR HOMES WITH. EDWARDS.

I FIRST ONE TO TRY TO ADD ONE AFTER THE FACT, AND WE JUST HAVE DIFFERENT CONSIDERATIONS BASED UPON HAVING TO PUSH BACK 5 FEET AND US REALIZING THAT THE ACTUAL PROPERTY LINE IS SURPRISING AS ALL, INCLUDNG SEVERAL OF MY NEIGHBORS, WHO BUILT IN THE NEIGHBORHOOD, THAT FENCE WAS NOT ACTUALLY THE PROPERTY LINE.

THAT KIND OF ROBBED US RIGHT THERE ARE PROBABLY 3 FEET OR 5 FEET THAT WE WOULD, WE WOULD HAVE BEEN ABLE -- THAT WE'RE TRYING TO SEEK BACK WITH THIS REQUEST.

ON THE VARIANCE. DOES THAT MAKE SENSE?

>> MR. OLSON: IT WAS MY ONLY QUESTION I'LL JUST SAY THAT.

THANK YOU. >> YES.

>> CHAIR HILSENBECK: THANK YOU. ANY OTHER QUESTIONS FROM BOARD MEMBERS? ANYONE IN THE AUDIENCE WISH TO SPEAK TO THIS ITEM? SEEING NONE, BACK TO THE AGENCY FOR A MOTION. AND DISCUSSION.

MS. PERKINS. >> MS. PERKINS: OUT MAKE A MOTION TO APPROVE MINOR MOD 2026-12 BASED ON SIX FINDINGS.

EFFECT AND SUBJECT TO SEVEN CONDITIONS AS PROVIDED IN THE

STAFF REPORT. >> SECOND.

WE HAVE A MOTION AND A SECOND ANY DISCUSSION SEEING NONE, ALL RIGHT, VOTING SCREENS UP. YOU'RE APPROVED, BUT IT'S NOT UNANIMOUS. BUT 5-1, YOU'RE APPROVED.

[6. REZ 2026-10 3240 Parker Drive. Request to rezone approximately ten (10) acres of land from Industrial, Warehousing (IW) with conditions to Commercial, Intensive (CI).]

CONGRATULATIONS. ALL RIGHT, LET'S MOVE ON TO ITEM NUMBER SIX, WHICH IS A REZONING REQUEST ON PARKER DRIVE.

PRESENTER IS GENE ARBOR, AND DID I GET THAT RIGHT OR GENE?

>> IT WAS CLOSE. >> CHAIR HILSENBECK: I DIDN'T KNOW UNTIL I SAW YOU. OK.

ANY EX PARTY ON THIS, MR. LABANOWSKI?

>> MR. LABANOWSKI: YEAH, THAT WAS --

>> CHAIR HILSENBECK: MISSED. BEAGLE?

>> VICE CHAIR SPIEGEL: YES, SITE VISIT AND EMAIL ON

OPPOSITION. >> CHAIR HILSENBECK: MR. OLSON?

>> MR. OLSON: LET'S SEE IF I VISITED THE SITE AND LET'S SEE.

OK. I RECEIVED A CALL FROM -- O.

I'M NOT SURE IF THIS -- I'LL >> CHAIR HILSENBECK: MR. GREENE

>> MR. GREEN: I DID A SITE VISIT THIS MORNING.

>> CHAIR HILSENBECK: OK, THE FLORES YOURS, SIR.

>> MR. ABI-AOUN: THANK YOU FOR THAT, CHAIRMAN.

COMMISSIONERS. MY NAME IS JOHN PICKETT WITH THE ENGINEERS REPRESENTING THE EQUIPMENT CHAIR AND MY CLIENT.

THEY'RE IN NATIONAL FIRM FOR CONSTRUCTION EQUIPMENT RENTALS.

>> CHAIR HILSENBECK: SORRY I BUTCHERED YOUR NAME.

>> MR. ABI-AOUN: IT'S OK. I'M USED TO IT.

WE ARE REQUESTING A REZONE FROM INDUSTRIAL WAREHOUSING TO A COMMERCIAL INTENSIVE FOR A SITE THAT IS ABOUT 10 ACRES IN SIZE.

LOCATED AT 32440 PARKER DRIVE. THE SITE IS UNDEVELOPED WITH ABOUT A 2-ACRE WITH THE RETENTION POND THAT WE WILL BE USING AS PART OF OUR FUTURE DEVELOPMENT OBVIOUSLY WITH IMPROVEMENTS. WHEN WE MOVE INTO THE ENGINEERING SIDE OF THE SITE PLAN APPROVAL.

SO AS I MENTIONED, MY CLIENT BASICALLY IS IN THE CONSTRUCTION

[02:45:03]

EQUIPMENT RENTAL. AND WE MET WITH YOUR STAFF ABOUT OVER TWO MONTHS AGO FOR A PRE-APPLICATION MEETING.

AND WE EXPLAINED TO THEM REALLY THE INTENT OF OUR PROJECT.

AND THE INTENT IS TYPICALLY MY CLIENT HAS A STANDARD CONCEPT.

IT'S USUALLY A BUILDING 10,000 TO 11,000 SQUARE FEET WITH OFFICES IN THE FRONT AND SOME MAINTENANCE SPACE IN THE REAR OF THE BUILDING. AND THAT MAJORITY OF THE SITE IS, LET'S SAY, BETWEEN TWO TO 3 ACRES TYPICALLY THEY HAVE OUTSIDE STORAGE OF CONSTRUCTION EQUIPMENT.

SO WHEN WE MET WITH STAFF, WE ARE INDUSTRIAL WAREHOUSING.

WE MET EVERY BOX OF THAT CHECKLIST FOR WHAT WE'D NEED, EXCEPT FOR ONE. AND THAT ONE IS WE LEASE OUR EQUIPMENT. SO IF I WAS A CONTRACTOR, I CAN BUILD EXACTLY THE SAME FACILITY UNDER THE CURRENT ZONING.

SO LONG AS I DON'T LEAVE THAT EQUIPMENT, THEN I'M FINE.

SO IT TURNED INTO AN OPERATION ISSUE.

HOW CAN WE LEASE THAT EQUIPMENT AND BE APPROVED? SO STAFF RECOMMENDED THAT WE DO, COMMERCIAL INTENSIVE.

SO TODAY, WE ARE REQUESTING TO REZONE OUR PROPERTY TO COMMERCIAL INTENSIVE. AND BASICALLY REALLY A REALITY, AND I SHOW YOU THIS WAS THE NEXT SLIDE.

WE HAVE BETWEEN INDUSTRIAL WAREHOUSING AND COMMERCIAL INTENSIVE, THERE ARE A LOT OF COMMENT USES FOR WHAT OUR NEED IS, AND I'LL GET TO IT IN A MINUTE BECAUSE THE OTHER BIG ITEM IS WE HAVE A FUTURE LAND USE OF MIXED USE DISTRICT, WHICH IS IMPORTANT FOR THE SITE. SO THE FUTURE -- THE MIXED USE DISTRICT ALLOWS BOTH FOR COMMERCIAL INTENSIVE AND FOUR INDUSTRIAL WAREHOUSING. OK, SO THERE IS NO NEED TO AMEND THE FUTURE LANGUAGE, WHICH IS AN IMPORTANT COMPONENT OF OUR REQUEST. NOW, WHAT I HAVE DONE HERE IS BASICALLY SO YOU COMMENT AREAS BETWEEN THE TWO ZONING DISTRICT WITH RESPECT TO OUR USE. SO BASICALLY, IF YOU LOOK UNDER THAT INDUSTRIAL WAREHOUSING, THE FOURTH BULLET STORAGE YARDS AND EQUIPMENT AND MACHINERY, WHICH THAT'S WHAT WE HAVE PICKED AT THAT LAST ONE IS OUTDOOR STORAGE.

NOW, IF YOU LOOK UNDER COMMERCIAL INTENSIVE, IT'S THE SAME THING. BECAUSE THEY HAVE THE SAME USE EXCEPT ON TOP, IT'S AUTOMOBILE RENTALS, WHICH IS REALLY THAT THE MISSING ITEM FOR US. SO STAFF SAID, HEY, TAKE IT TO COMMERCIAL INTENSIVE BECAUSE THEN YOU CAN LEASE YOUR CONSTRUCTION EQUIPMENT. SO THAT'S WHAT LED US TO THIS POINT, AND OBVIOUSLY, IF YOU LOOK AT THE MAP, I HAVE, WE ARE COMPATIBLE WITH THE SURROUNDING PROPERTIES BECAUSE THEY ARE INDUSTRIAL AND COMMERCIAL. SO FROM A COMPETITIVE POINT OF VIEW, WE'RE COMPATIBLE WITH THE SURROUNDING PROPERTIES.

SO IN CONCLUSION, BASICALLY, WE ARE COMPATIBLE WITH THE SURROUNDING PROPERTIES, WHICH IS COMMERCIAL AND INDUSTRIAL.

AND AS I SHOWED YOU, THE ALLOWABLE USES REALLY ON BOTH ZONING WITH RESPECT TO WHAT WE NEED, THERE'S A LOT OF COMMON AREAS WITH THE EXCEPTION OF THE LEASING PART.

SO TODAY, WE RESPECTFULLY ASK YOU TO APPROVE OUR REZONING REQUEST TO COMMERCIAL INTENSIVE. JUST FOR THE FACT THAT WE NEED TO LEASE OUR EQUIPMENT AND EVERYTHING ELSE IS THE SAME UNDER THAT CURRENT INDUSTRIAL WAREHOUSING.

SO THERE IS REALLY NO BIG CHANGE.

WE ARE COMPATIBLE WITH THE FUTURE THAT YOU.

WE'RE NOT CHANGING THAT AND THAT'S ANOTHER IMPORTANT ELEMENT. SO WITH THAT, I AM READY FOR ANY QUESTIONS YOU HAVE. AND IF YOU HAVE SEEN THE SITE, I HAVE A CONCEPTUAL THAT GIVES YOU REALLY THE SCOPE OF WHAT WE DO.

BECAUSE IT'S A VERY SMALL ELEMENT, SMALL BUILDING, A LOT OF OUTDOOR STORAGE, AND A FAIRLY BIG POND.

AND WITH THAT, I WILL BE HERE TO ENTERTAIN ANY QUESTIONS YOU MAY

HAVE. >> CHAIR HILSENBECK: OK, THANK YOU VERY MUCH. ANY QUESTIONS FROM BOARD MEM MEMBERS? MR. GREEN?

>> MR. GREEN: WHAT TYPE OF EQUIPMENT DOES CONSTRUCTION TYPE STUFF? LIKE CONSTRUCTION?

>> MR. ABI-AOUN: THEY HAVE EXCAVATORS, TRACK HOLDS, BOOM LIVES, STREET SWEEPERS, THAT'S THAT.

>> MR. GREEN: OK, I'M JUST CURIOUS.

MS. SPIEGEL? >> VICE CHAIR SPIEGEL: WE JUST RECENTLY APPROVED ONE OF THESE. THERE'S AN UNUSED ONE IN MY NECK OF THE WOODS IN THE BEAUTIFUL PART OF SAINT JOHNS COUNTY.

I WAS CONCERNED ABOUT THE NOISE AND THE TRAFFIC AND REALLY, I DRIVE BY THAT SITE A LOT AND IT REALLY ISN'T THAT BUSY.

I MEAN, YOU GET A PERSON WHO COMES.

I MEAN, I CAN'T REALLY SAY. I'M NOT AN EXPERT IN THAT, BUT I

[02:50:04]

WANTED TO SAY THAT IT REALLY SEEMED A LOT LESS INTENSE THAN A LOT OF THE USES THAT YOU COULD HAVE HAD EVEN UNDER I W.

>> MR. ABI-AOUN: THEY ARE VERY LESS INTENSE.

JUST TO GIVE YOU AN IDEA OF THE OPERATION, THEY HAVE DONE A ONE-YEAR CHECK ON THE TRAFFIC ON SIMILAR FACILITIES THAT THEY HAVE. THEY HAVE ABOUT 17 TRUCKS A DAY, 12 CARS FOR CUSTOMERS AND ABOUT 10 CARS FOR STAFF.

SO YOU'RE TALKING IF YOU TAKE IT LIKE 40 TO, 45 TRIPS PER DAY, THAT'S FOUR HOMES, THAT'S FOUR AND A HALF HOMES AND ONE HOME IS

ABOUT 10 TRIPS. >> VICE CHAIR SPIEGEL: WE'RE

TALKING ABOUT THE TYPES OF TRIPS >> MR. ABI-AOUN: SURE, OBVIOUS%

Y, YEAH. >> VICE CHAIR SPIEGEL: THERE ARE DEFINITELY TRAFFIC ISSUES. OUTLET MALL ROAD, THAT IT'S ON.

SO. BUT IT SEEMS LIKE MAYBE IT'S A STEP DOWN FROM WHAT IT COULD BE. I JUST WANTED TO MAKE THAT

COMMENT. >> MR. ABI-AOUN: THANK YOU.

>> VICE CHAIR SPIEGEL: THANK YOU.

>> CHAIR HILSENBECK: ANY OTHER COMMENTS OR QUESTIONS FROM BOARD MEMBERS, MAGAZINE NONE, ANYONE IN THE AUDIENCE WISH TO SPEAK TO THIS ITEM? SEE NONE WE'RE BACK INTO THE AGENCY FOR DISCUSSION AND MOTION.

AND VOTING. MR. GREEN.

>> MR. GREEN: I'LL MAKE A MOTION TO RECOMMEND APPROVAL REZONING 2026-10 LOCATED AT 3240 PARKER DRIVE, BASED ON THE FOUR

FINDINGS OF FACT. >> SECOND.

>> CHAIR HILSENBECK: OK, WE HAVE A MOTION AND A SECOND.

I DID WANT TO SAY THAT GO, A FEW WEEKS AGO, -- WAS IT JUST TWO WEEKS, THREE WEEKS AGO, WHATEVER, WE HAD AN ITEM IN THE SAME NEIGHBORHOOD THAT WAS MUCH LARGER PROJECT, IT WAS GOING TO GENERATE A LOT MORE TRAFFIC AND THAT WAS DENIED BY THIS BOARD.

THIS IS A MUCH SMALLER SITE, IT'S NOT GOING TO GENERATE NEARLY AS MUCH TRAFFIC AND PROBABLY NONE AT ALL.

SO I'M INCLINED TO VOTE FOR THIS BOOK I WAS JUST WONDERING IF THERE WAS ANYTHING YOU COULD POSSIBLY DO IN A WAY, TO ALLEVIATE TRAFFIC, SUCH AS MAYBE TRY TO ELIMINATE RETURN OF EQUIPMENT OR EQUIPMENT GOING OUT AT PEAK HOUR TRAFFIC TIMES.

I DON'T KNOW HOW THAT WOULD IMPACT YOUR BUSINESS.

>> MR. ABI-AOUN: I CAN'T SPEAK TO THAT OBVIOUSLY I CAN'T SPEAK TO THAT, BUT I CAN TELL YOU MR. CHAIRMAN, THAT THEY DON'T REALLY HAVE CLIENTS COMING IN AND OUT TAKING EQUIPMENT.

THEY DELIVERED THE EQUIPMENT, SO THEY'RE IN CONTROL OF WHAT WHEN THEY TAKE IT AND WHEN THEY BRING IT BACK.

SO IT'S VERY CONTROLLED. BUT I CANNOT TELL YOU WHETHER THIS. IF YOU THINK ABOUT IT, IF YOU TAKE 40 TRIPS PER DAY, THAT HE IS SMALLER THAN THE 40.

SO YOU MAY HAVE 10 OR MAYBE SEVEN TRIPS PER DAY AT A PEAK TIME. IT'S DISTRIBUTED ALONG THE ENTIRE DAY. SO TO BEGIN WITH, THE OVERALL NUMBER IS SMALL AND IT IS CONTROLLED BY MY CLIENT.

SO IT'S NOT LIKE SOMEBODY, IN, TAKE AN EQUIPMENT AND DRIVE SNOW. SO IT'S VERY CONCERNED.

>> CHAIR HILSENBECK: ALL THAT'S AN INTERESTING ASPECT OK.

THANK YOU. WE'RE READY TO VOTE.

PASSES UNANIMOUSLY. CONGRATULATIONS.

[7. REZ 2026-18 Trinca Commercial. Request to rezone approximately 2.03 acres of land from Industrial, Warehousing (IW) to Commercial, General (CG), specifically located at 1260 State Road 207.]

>> MR. ABI-AOUN: THANK YOU. APPRECIATE IT.

>> CHAIR HILSENBECK: ALL RIGHT, NEXT WE HAVE ITEM SEVEN.

IT'S A REZONING TRINKET COMMERCIAL OUT ON 207.

PRESENTER IS SHANNON ACEVEDO. I HAVEN'T SEEN YOU IN A WHILE.

WELCOME BACK. ANY EXPERT ON THIS, MS. SPIEGEL?

>> VICE CHAIR SPIEGEL: I MADE A PHONE CALL TO MISS SHANNON

ACEVEDO, AND I DID A SITE VISIT >> CHAIR HILSENBECK: MR. LEWAND

OWSKI? >> MR. LABANOWSKI: I DID A SITE VISIT AND I RECEIVED AN EMAIL FROM SHANNON.

>> CHAIR HILSENBECK: MR. OLSON? >> MR. OLSON: I RECEIVED AN

EMAIL FROM MS. ACEVEDO. >> CHAIR HILSENBECK: ALREADY,

THE FLORES YOURS. >> MS. ACEVEDO: THANK YOU, SHANNON ACEVEDO FOR THAT RECORD, AND MY ADDRESS IS 912, SALTWATER CIRCLE. AND THIS REQUEST IS TO THE ZONE 2 ACRES OF PROPERTY AT 1250 STATE ROAD 207 FROM I W 2CG.

IT'S VERY TRIANGULAR PIECE OF PROPERTY, AS YOU CAN SEE FROM THE AERIAL MAP. AND THE IDEA HERE IS TO BE ABLE TO HAVE THE ABILITY TO DO SOMETHING THAT WOULD BE AN INFILL NEIGHBORHOOD RELATED COMMERCIAL DEVELOPMENT.

THIS JUST ZOOMS IN A LITTLE BIT SO YOU CAN SEE IT A LITTLE MORE

[02:55:01]

CLEARLY, AND HOW IT RELATES TO THE IMMEDIATE ADJACENT LAND DEVELOPMENT. YOU CAN SEE THE APARTMENTS ARE ACROSS THE STREET THERE. THERE'S SOME OUTDOOR STORAGE WAREHOUSE TYPE USE TO THE SOUTH. AND THEN WHAT WE'RE LOOKING AT HERE IS THE THIRD ZONING. SO IT IS I W.

AND THE PROPOSED ZONING WOULD BE C G.

THIS ENTIRE SWATH OF AREA IS IN THE MIXED USE FUTURE LAND USE DESIGNATION. AND THAT'S PART OF THE REASON WHY YOU SEE KIND OF A COLORFUL STATION OF DIFFERENT USES, EVERYTHING FROM MULTIFAMILY TO WAREHOUSE TO DIFFERENT LEVELS OF COMMERCIAL INTENSTY. ALONG THIS CORRIDOR.

AND THEN YOU CAN SEE HOW THAT MIXED USE DISTRICT FOLLOWS THAT CORRIDOR. THIS IS THE SURROUNDING DEVELOPMENT. I THOUGHT THIS WOULD BE IMPORTANT JUST TO KIND OF UNDERSTAND FROM A COMPATIBILITY STANDPOINT, AND ALSO FROM AN INFILL STANDPOINT, LOOKING AT THE CORRIDOR AS A WHOLE. SO WHAT I TRIED TO DO IS SORT OF COLOR COORDINATE THE DIFFERENT USES ALONG THAT CORRIDOR AND HOW THIS SITE FITS INTO IT. SO YOU HAVE EVERYTHING FROM A VA CLINIC TO ENCOMPASS HEALTH TO APARTMENTS AND THEN IF YOU GO A LITTLE BIT FURTHER NORTHEAST, YOU HAVE THE EPIC THEATER AND THAT COMMERCIAL DEVELOPMENT. YOU GO A LITTLE FURTHER SOUTH WEST, AND THEN YOU HAVE THE PUBLIC SHOPPING CENTER AND SOME OF THOSE OTHER TYPES OF COMMERCIAL USES.

SO I BELIEVE THAT THIS SITE IF IT WERE TO BE REZONED FOR COMMERCIAL, COULD PRODUCE SOMETHING THAT WOULD BE OF VALUE TO ESPECIALLY THE SUPPORTING RESIDENTIAL, WHICH ARE THOSE AREAS IN YELLOW. AND PURPLE, SINGLE FAMILY AND MULTIFAMILY. THIS IS JUST CONCEPTUAL.

IT WAS PART OF A SITE FEASIBILITY THAT WE WANTED TO PROVIDE, JUST TO GIVE YOU AN IDEA OF SCALE OF THE SITE.

SO THIS IS A SITE FIT FOR JUST OVER 12,000 SQUARE FEET OF RETAIL. THE INTENTION HERE WOULD BE TO DO EITHER RETAIL OR PERHAPS OFFICE.

IT IS A COMPACT SITE. AND THIS HELPS KIND OF UNDERSTAND WHAT THE SCALE OF DEVELOPABLE OPTIONS WOULD BE WITH THIS REZONING. AND SO THE PROPOSED REZONING IS COMPATIBLE WITH SURROUNDING AREA.

THE TRAFFIC FLOW WOULD BE VERY SIMILAR TO THE OTHER USES ALONG THIS CORRIDOR. IT WOULD NOT CAUSE NUISANCE.

IT WOULD NOT CAUSE FOR SPRAUL, IN FACT, I THINK THIS WOULD BE A NICE INFILL ADDITION TO THE AREA.

AND IN TERMS OF THAT NATURAL ENVIRONMENT, THERE REALLY AREN'T ANY DIFFERENCES BETWEEN THIS AND THE EXISTING ZONING.

EXCEPT THAT I BELIEVE THE PERVIOUS IS ACTUALLY A LITTLE BIT HIGHER IN THIS ZONING DISTRICT THAN THE CURRENT I W.

AND IT IS COMPATIBLE WITH THE ADJACENT PROPERTIES.

AND SO WITH THAT, I REQUEST YOUR RECOMMENDATION FOR APPROVAL, AND

I'M AVAILABLE FOR ANY QUESTIONS. >> CHAIR HILSENBECK: ANY.

QUESTIONS FROM BOARD MEMBERS? SEEING NONE, ANYONE IN THE AUDIENCE WISH TO SPEAK TO THIS ITEM? SEEING NONE. OH.

I DON'T SEE ANYONE WHO WANTS TO SPEAK SO DID YOU WANT TO MAKE A

MOTION? >> MR. LABANOWSKI: I HAVE A COMMENT. ARE YOU WILLING TO EXCLUDE THE LOCAL ONES IN THIS PIECE OF PROPERTY QUOTE.

>> MS. ACEVEDO: YES, THAT WAS ONE OF THE COUNTY STAFF'S SUGGESTIONS AND WE'RE OK TO DO THAT.

>> MR. LABANOWSKI: HOW ABOUT RESTRICTING VAPE SHOPS?

>> MS. ACEVEDO: OH, A.I. DON'T SEE WHY NOT.

THE OWNER ISN'T HERE, BUT I CAN CERTAINLY BRING THAT TO HIS ATTENTION AS A VIABLE CITIZEN FOR RESTRICTION.

>> MR. LABANOWSKI: YEAH, I'D LIKE TO HAVE THAT AS A CONDITION. THANKS.

>> CHAIR HILSENBECK: OK. ALL RIGHT.

WE'RE BACK AT THE AGENCY FOR A MOTION AND DISCUSSION.

OH, MR. GREEN. OH, MS. PERKINS, SORRY.

>> MS. PERKINS: I'LL MAKE A MOTION TO RECOMMEND APPROVAL OF RESULTING 2026-18 COMMERCIAL BASED ON FOUR FINDINGS OF FACT, AS PROVIDED IN THE STAFF REPORT WITH THE CONDITION THAT YOU DON'T APPLY FOR THE , AND SHE NEEDS TO GET WITH THE OWNER ON

[03:00:11]

THAT. >> CHAIR HILSENBECK: OK, WE HAVE A MOTION SECONDED BY MR. GREEN. ANY DISCUSSION? SEEING NONE, ALL RIGHT, VOTING SCREENS UP.

[8. CPA(SS) 2026-02 Lee Family Property. Request for a Small-Scale Comprehensive Plan Amendment to change the Future Land Use Map designation of approximately 39.49 acres of land from Agricultural-Intensive (A-I) to Residential-A (RES-A) with a text amendment limiting the property to a maximum of five (5) residential dwelling units; located at 7550 State Road 207.]

PASSES UNANIMOUSLY. CONGRATULATIONS.

ALL RIGHT, NEXT IS NUMBER EIGHT, LEE FAMILY PROPERTY.

IT IS A COMP PLAN AMENDMENT AND IT'S ADDED TO A 7206 WHEN THOSE ROADS COME TOGETHER. WE DON'T NEED.

X PARTY FOR THIS COMP PLAN. SO THE FLORES YOURS, SIR.

AND YOU MUST BE TIRELESSLY. >> YES.

>> AND NUMBER NINE I'M SORRY I'VE JUST BEEN TOLD SOMETHING WILL COME. WE'RE GOING TO DO -- OK.

THE FLOOR IS YOURS, SIR. >> SORRY.

SO I ACTUALLY OWN THE PROPERTY STRAIGHT ACROSS THE STREET FROM IT, TOO. I JUST WANT TO DON'T WANT TO GET IT CONFUSED. SO WHERE IT SAYS RACE A, THAT'S MY PERSONAL HOUSE. I DON'T KNOW WHERE IT KEEPS

GOING. >> CHAIR HILSENBECK: WELL, I GUESS WE'RE ADJOURNED, SORRY. SORRY.

>> SO DID IT JUST -- IT WENT -- THERE WE GO.

OK. SO WE'RE AT THE 16.7 ACRES IS.

THAT'S MY PERSONAL PROPERTY. THE 16 .78.