[1:52] Good evening.

[1:53] Let us come to order.

[1:55] Welcome to the Nassau County Planning and Zoning Board

[1:58] meeting for August 4th 2026.

[2:00] Copies of tonight's agenda are available in the media table.

[2:04] Please come forward and obtain a copy if you wish.

[2:10] Please stand for the prayer and remain standing

[2:16] for the Pledge of Allegiance.

[2:19] >> Let us prayer.

[2:20] We pray and thank you for this new month

[2:25] that that you allowed us to see.

[2:27] With all of us we pray for all of our schools and pray

[2:30] for our school leaders and teachers and staff,

[2:33] and we pray for a safe school year and a successful school

[2:38] year.

[2:39] We pray for this board meeting tonight

[2:41] that God you would grant this board wisdom and knowledge

[2:46] and understanding.

[2:48] We pray for the staff and we pray for those

[2:51] that we are privileged to serve.

[2:53] And we pray most of all that this meeting tonight will

[2:56] be conducted in a manner that would be pleasing in your sight

[3:01] and be considered respectful common decent,

[3:05] and it's in your precious name we pray.

[3:08] Amen.

[3:09] I pledge allegiance to the flag of the United States of America

[3:14] and to the Republic for which it stands one nation under God,

[3:20] with liberty double indivisible with liberty

[3:25] and justice for all.

[3:34] >> Madam clerk please call the roll.

[3:36] >> Hodges, blue, Morris, board member Valenti,

[3:41] and chair Erickson.

[3:44] >> Here.

[3:46] >> Tap A is a legislative hearing.

[3:48] County attorney, please read the procedures.

[3:51] >> Thank you Mr. Chair.

[3:52] The following item is a legislative item

[3:54] that is tab A. These procedures are in place to give all that

[3:58] wish to speak for or against an item the opportunity to do so.

[4:01] Those wishing to speak in favor of or against the item

[4:05] being considered will have three minutes to address the board,

[4:08] and all statements should be addressed to the board

[4:10] only, and address only the item under consideration.

[4:14] Speakership not in double Dutch speakers

[4:17] should not engage in attacks on other speakers

[4:19] or board members please begin by stating your name

[4:21] and address for the record period please

[4:23] do not be repetitive or restate the same information

[4:25] as previous speakers.

[4:26] Sharing or transferring of time is not allowed.

[4:29] Clerk will control the time allocated, again

[4:33] is three minutes.

[4:34] Any speaker with documents or presentation --

[4:41] as part of the presentation should put it to the clerk.

[4:45] The meeting is being recorded so please no applause or outbursts

[4:48] because it does distort the recording.

[4:50] The board will close the public hearing

[4:52] and may ask questions of speakers or staff

[4:55] and then deliberate and vote on the item before them.

[4:58] Mr. Chair?

[5:00] >> Thank you.

[5:01] The floor is now open for public discussion for Tab A ,

[5:07] so begin the presentation. -- staff presentation.

[5:20] >> Good evening, board members, I am Will Ryder of the Planning

[5:23] Department.

[5:23] Let me get this full size there.

[5:25] This is a request -- >> Let me change it.

[5:57] >> This is a request to amend the commercial land use from

[5:59] commercial to transect based zoning district T 3/5.

[6:04] The owner is Judith Turner, L, and Nassau County

[6:08] is serving as the agent.

[6:09] To your left we have flume 11, future land use

[6:14] map 11, the regulating map.

[6:17] You can see on the right that the property is currently vacant

[6:20] and Becca Richard -- back over to the left,

[6:23] I blew this up a little bigger so you can see where it is

[6:26] in relation to the 200 corridor.

[6:27] It's about a quarter of a mile east to the Fillmore and Minor

[6:33] Road intersection.

[6:34] You can see the request is T dash 3-5.

[6:39] This is a accompanied by a application

[6:42] to rezone it to 3.5 later in the meeting period

[6:45] and this is the Urban Transitional zone,

[6:48] and if you imagine, I know you all are familiar with us

[6:53] 17 intersection further to the west.

[6:55] That's an urban zone.

[7:00] So this is the transitional zone leading up to that.

[7:03] Current land use is commercial, and the current zoning is

[7:07] commercial intensive, and again, the request is to change it

[7:12] to T-3.5.

[7:14] Its consistency with the comprehensive plan.

[7:16] It's an infill development, and we'll

[7:20] talk about uses later in the rezoning,

[7:21] but their appropriate to mention here as well.

[7:24] It's an opportunity that allows a mix of uses.

[7:28] There is a minimum residential requirement

[7:30] of five units per acre, and a possibility of a max of ten.

[7:35] So the most I could get here is 42 dwelling units --

[7:41] or that's the minimum is 42 dwelling units per acre.

[7:44] It can also be developed commercially

[7:46] with some standard commercial uses

[7:48] like retail and restaurants.

[7:51] And some office buildings.

[7:53] Mixed use developments on arterial street.

[7:57] If you go back to the map you can

[7:59] remember it's in the orbital transfer zone.

[8:01] This is an appropriate development requirement

[8:03] that complies with the regulating map.

[8:05] It's in a service area, and there

[8:09] are a lot of words there but per the Growth trends report,

[8:12] we need houses and jobs for our residents,

[8:18] so mixed use development enables that type of development

[8:22] to occur to provide jobs and housing.

[8:26] Specific traffic impacts purpose.

[8:30] This will be monitored with the project goes

[8:34] to the development review committee for the site plan

[8:37] development.

[8:38] It adheres to the site development plans of flume 11,

[8:41] if you remember back to the map.

[8:44] And as far as compact development,

[8:48] timber to tides to encourage that type of development.

[8:54] Staff finds this is consistent with the comprehensive plan

[8:57] and we recommend approval.

[9:01] >> Thank you sir.

[9:03] I have no public comment cards to speak on tab A.

[9:08] Does any member of the board have questions for staff?

[9:17] The board is now closed for public discussion on Tab A.

[9:21] Do we have any further board conversation?

[9:23] I will entertain a motion to approve or deny tab a.

[9:28] >> Mr. Chairman, based on the record evidence and testimony

[9:31] received, we find that the movement is consistent with

[9:34] policy 01.02 J one policy F oh two, and policy zero two of six,

[9:49] and policy F m .010 four A through G of the Nassau County

[9:56] Conference of Plan, and therefore my motion is

[9:58] to recommend approval of CPA26-007.

[10:11] >> We have a motion to second.

[10:12] All in favor say aye all opposed say nay.

[10:14] Motion passes.

[10:20] >> Tubs B and C are quasi judicial hearings.

[10:22] Please read the procedures.

[10:22] >> Thank you Mr. Chair.

[10:23] As stated, the following items are

[10:24] to be heard as judicial hearings.

[10:27] Those are to consider CU20 26.002,

[10:31] and the applicant is requesting a conditional use

[10:35] to allow a church in the open rural or zoning district.

[10:40] Church of God International Pentecostal Movement Inc.

[10:48] Samuel agent district three.

[10:55] Tab C, to consider R-26-007 an ordinance 26-053,

[11:02] the rezoning of approximately 8.52 acres located in the north

[11:07] side of State Road 200 between here and Green Road and Peebles

[11:11] Road.

[11:12] For commercial incentive to transitional zone T-3.5.

[11:21] Earner -- owner Judith Turner, agent Nassau County,

[11:26] district three.

[11:27] The quasi judicial hearing is different

[11:30] than a regular hearing conducted by this board

[11:33] and a quasi judicial hearing is less formal than a court hearing

[11:36] but similar in its procedure and evidence matters.

[11:38] Applicants have the burden of demonstrating

[11:41] competent and substantial evidence

[11:43] that his or her application is consistent with the following

[11:46] requirements.

[11:47] For Tab B, that is land Development code section

[11:51] 22.03 subsection K, and 504 subsections A through K

[11:58] with the conditional use review criteria for tab C, that

[12:03] is policy f l .01.02 j one.

[12:07] Policy f l .02.06 C one, policy f l .02.06,

[12:14] and policy f l dot 0.06 A through J of the Nassau plan,

[12:21] and section .502 C and oh two D one through eight of the Nassau

[12:28] Development Code.

[12:29] Those opposed must also demonstrate

[12:31] through competent substantial evidence

[12:34] that the application does meet these requirements.

[12:36] While the board welcomes comments

[12:38] from all who have an interest in these proceedings,

[12:41] follow the law requires that the board's decision

[12:43] in a quasi judicial action be supported

[12:46] by competent evidence presented to the board

[12:49] during the hearing of the application.

[12:52] Competent substantial evidence is

[12:54] evidence which a reasonable mind would

[12:56] accept as adequate to support a conclusion.

[12:58] There must be a factual basis in the record

[13:01] to support opinion testimony from both expert

[13:04] and non-expert witnesses, and email communications received up

[13:15] until the time of this meeting are

[13:16] a part of the public record for the hearing

[13:18] but are not without competent and substantial evidence.

[13:23] Applicants are entitled to be represented by counsel.

[13:25] If they desire, to obtain counsel,

[13:29] they must make a request to this board.

[13:31] It will be at your discretion to grant or deny

[13:34] that request to the hearing procedures will be as follows.

[13:36] Staff will be sworn in to support the applicant's request

[13:40] and they will have ten minutes.

[13:42] The applicants may reside rely on their comments.

[13:48] They do retain the right to rebut any testimony

[13:50] against their application.

[13:52] Do either of the applicants for tonight

[13:55] wish to waive their presentation and rely

[13:57] upon staff recommendations?

[13:59] If so I will need you to come to the podium and state

[14:02] that for the record.

[14:05] No one.

[14:07] The advocate of Representative will

[14:09] have the opportunity to present evidence for the application.

[14:12] They will have 15 minutes for that presentation.

[14:15] Public participants for or against the application

[14:18] will be sworn in and have three minutes each

[14:20] to present testimony to the board

[14:23] with evidence extension of time may only

[14:26] be granted through the chair and sharing insurance of time

[14:29] is not allowed.

[14:32] Evidence for or against the application

[14:34] will be addressed at the podium in any documents

[14:37] or photographs must be submitted to the Deputy Clerk.

[14:39] The documents will not be returned

[14:40] and they become part of the official record.

[14:42] The applicant or the representative

[14:44] will then have a maximum of ten minutes for any cross-exam

[14:48] or rebuttal.

[14:49] Staff will have five minutes to provide any comments

[14:53] to the board.

[14:54] The board will close the hearing and discuss the application

[14:57] and may ask questions if applicant staff or witness

[15:01] about the application.

[15:03] Any motion of the board must include whether the board member

[15:07] finds competence in substantial record in the record

[15:09] or testimony received to support the board's decision to approve

[15:12] or deny the agenda item.

[15:14] This meeting again is being recorded,

[15:16] so please no applause, outburst, or talking.

[15:19] It does restore the recording.

[15:21] If there are any questions to these hearing procedures,

[15:24] please ask them at this time.

[15:26] Mr. Chair you may continue.

[15:30] >> Thank you.

[15:31] Regarding tab, does any member have ex parte communication

[15:34] to disclose?

[15:36] Madam clerk, please identify the documents to be placed

[15:41] into the record for tab B.

[15:44] >> 002 application for conditional use 18 pages site

[15:49] plan five pages, staff report four pages,

[16:00] >> Motion to accept these into the documentation for Tab B?

[16:03] >> All in favor say aye and all opposed say nay.

[16:05] The floor is now open for public hearing

[16:07] on Tab B. We will begin with the staff presentation.

[16:21] >> Do you swear to tell the truth and nothing but the truth

[16:23] so help you God?

[16:23] >> I do.

[16:23] Catherine Davis, planner two with the planning Department.

[16:26] Good evening and thank you to board members and the public

[16:31] for your time and engagement.

[16:41] Please consider conditional use application 2026-002,

[16:47] conditional use permit to allow a church in the open Rural

[16:52] Zoning district.

[16:52] The owners being the Church of God,

[16:56] international Pentecostal movement incorporated.

[16:58] Their agent is Mr. Samuelson --

[17:05] Samuel Santana.

[17:06] This is in Commission district three,

[17:08] which is located West of highway 17, midway between State Road

[17:16] 200 and William Burgess Boulevard.

[17:18] On the east side of Cardinal Road.

[17:23] The Blue star is designation of the location.

[17:32] The zoning for this parcel and the surrounding area

[17:36] is an open rural district in the future land use map designation

[17:41] is medium density residential.

[17:43] A boundary survey and an early conceptual drawing

[17:50] of the proposed church was provided in the application.

[17:55] In reviewing the proposed church regarding inconsistency

[17:59] with the future land use development and zoning,

[18:04] pursuant to the Land Development Code 22 dash

[18:11] zero K. Medium density residential

[18:21] is compatible with community facilities,

[18:26] and residential neighborhood.

[18:28] This subject neighborhood -- the subject property is 3.7 acres.

[18:34] The church must adhere to the supplementary regulations

[18:37] in Land Development Code section 22.04 and 22.06.

[18:42] When submitting their application

[18:44] for Development Review Committee and site permitting.

[18:49] The following are included.

[18:51] The minimum requirements for a church are 150ft lot width,

[18:56] two acres minimum, for lot area, and the minimum yard

[19:03] requirements are 35ft for the front yard,

[19:05] 15ft for the side yard, and 25ft for the rear yard.

[19:08] The maximum building height is 45ft.

[19:10] The maximum lot coverage for a church is 50%.

[19:14] The Land Development Code section

[19:18] 5.04 conditional use criteria have

[19:22] been evaluated to maintain consistency with the future land

[19:26] use map and zoning, where the Land Development Code allows

[19:31] a church by conditional use the site development

[19:35] and will also be reviewed through submission

[19:38] to Development Review Committee and permit review.

[19:42] Item a, the church establishment does not

[19:47] present any endangerment of public health, safety

[19:51] or general welfare.

[19:52] Both the Department of Health and the Fire Department

[19:55] will actively review the site development.

[19:58] Item B, the development of the parcel

[20:02] should meet all site and building requirements

[20:04] in the applicable standards by the state County.

[20:08] Item C, the approximately 3.7 acre wooded lot on county

[20:16] maintained Cardinal Road and its rivers

[20:18] adjacent to an existing utility substation on a ten acre parcel.

[20:23] Off peak operating hours are expected to minimize the traffic

[20:29] impact on Cardinal Road.

[20:33] Item D. The surrounding area shares the same open role

[20:39] and medium density residential land use map designation.

[20:43] The proposed church should not impede

[20:45] the improvement or development of surrounding properties.

[20:49] Item E, the site is reserved by existing private will

[20:54] and on site sewage system which will be subject to state

[20:58] and county health regulations.

[21:00] Item F, access to the church will be through Cardinal Road,

[21:06] and the applicable William Bridges overlay and standards

[21:10] including parking, drainage, and accessibility standards

[21:13] will be subject to the federal, state, and county regulation.

[21:18] Item G, the church poses a minimal impact on traffic

[21:23] lightly, with light daily short term volume

[21:26] surges during off peak hours with outreach events.

[21:33] Item H, the screening and buffering

[21:37] will be evaluated at the time of site development.

[21:40] Item a-- item I, the signage and exterior lighting

[21:45] will have permanent review.

[21:47] Item j, the proposal of the church by conditional use permit

[21:50] is subject to -- subject to district regulations.

[21:56] Item k, the 2025 policy, f l .01.02 B permits community

[22:06] facilities and the medium residential land use element,

[22:10] and the objective F l .01 provides

[22:15] that the church is compatible with surrounding land use.

[22:20] As community land development.

[22:24] In conclusion, staff find the requested action

[22:29] to be consistent with the conditional review use material

[22:36] of the Land Development Code.

[22:39] And staff recommends approval of conditional use 2026-002

[22:45] for conditional use permit pursuant to section 22.03

[22:51] subsection K. For a church in the Open Rural Zoning District

[22:56] subject to the following conditions.

[22:59] One, the rights assigned by this order shall run with the land,

[23:05] and two, the applicant shall undergo review

[23:08] by the development Review Committee and receive approvals

[23:10] for all site improvements not limited to parking landscaping,

[23:17] public facilities and service ratio ,

[23:25] in the roadway and drainage standards of ordinance 99-17.

[23:29] I'm happy to answer any questions you have.

[23:33] >> Thank you.

[23:38] We will now call the applicant up for for the presentation.

[23:43] Is the applicant present?

[23:57] Please come up.

[24:18] >> If you'll just state the name for the record and address.

[24:21] If you wish to rely on staff's recommendation,

[24:23] you may waive your presentation.

[24:36] >> The address for the church?

[24:37] >> That will be sufficient.

[24:47] >> 864114 Cardinal road (indistinct)

[25:06] >> Do you wish to give us a presentation?

[25:08] >> Thank you for working and God bless you everybody.

[25:10] >> Thank you sir.

[25:17] >> We will now call to the podium those who have made

[25:19] a public comment card to speak on tab B.

[25:21] I do have one comment and that would be from Mr. Harper.

[25:49] >> Good afternoon.

[25:51] >> Do you swear and affirm the testimony you're about to give

[25:53] is the truth?

[25:53] >> I do.

[25:53] >> Will you state your name and address for the record

[25:55] >> John Everhart senior, 8609 Lithuania Lane and Uihlein.

[26:01] I live off of Cardinal.

[26:05] Athena is my private road, and we get a lot of traffic

[26:09] through there.

[26:10] We got people coming and they get off on William Burgess

[26:18] and come through that way to get away

[26:20] from that railroad track holding you up quite a bit.

[26:23] We've now got a yellow stripe that the county just

[26:28] added this week, and we've got speed bumps.

[26:31] But we've got people coming through there

[26:33] to take a shortcut, and also if you go across the railroad

[26:37] tracks, you're gonna go to Hart's Road

[26:40] and go down to Cardinal and if you

[26:41] want to make a quick turnaround, you

[26:43] can go back to Harkes or down Cardinal.

[26:46] We do have quite a bit of traffic.

[26:49] And it's pretty much all the time.

[26:54] My question is is this just going to be a church?

[27:00] I've heard rumors that they're going

[27:01] to have people living there.

[27:02] And if they're living there, that's not a church.

[27:07] That's apartment complexes.

[27:09] And I'd like to see that get cleared up tonight.

[27:14] Anyway, I've said my piece so thank you.

[27:20] >> Thank you, sir.

[27:21] We now call Courtney Burns.

[27:43] >> Do you swear your testimony is the proof in all truth?

[27:45] >> My name is Courtney Burns, 86465 Cardinal Road.

[27:47] After reviewing the conditional use application submitted,

[27:50] I have several questions regarding the application

[27:52] and staff report.

[27:53] The application instructs the applicant

[27:55] to provide as much detail as possible, however,

[27:57] much of the application lacks the information

[28:00] necessary for the board to fully appreciate the request.

[28:04] Question for ask for conditional use of what is requested.

[28:10] The applicant's entire response is church religious purposes.

[28:13] Can the applicant provide additional details?

[28:16] Will this property be used only for regularly scheduled worship

[28:20] services, or will it also include

[28:21] activities such as a daycare, preschool, food pantry,

[28:25] weddings, funerals, revival meetings, special events,

[28:28] or community outreach?

[28:31] On page seven, answers A through K

[28:34] are answered with only yes or no with no supporting information.

[28:39] Because they require basically no information,

[28:41] I question how the staff report can

[28:43] conclude that the conditional criteria have been satisfied.

[28:46] Question a addresses compatibility

[28:48] with surrounding usage.

[28:52] This has only occurring during off peak hours.

[28:57] How is that determined?

[29:02] It may be industrial, but compared

[29:06] to the residential use on Cardinal Road,

[29:08] it represents a substantial change.

[29:11] The proposed use is more traffic,

[29:17] and noise that does not currently

[29:19] exist in this residential area.

[29:21] What does the county consider off peak hours?

[29:23] Many church activities occur during evenings and weekends

[29:26] when families are outside walking,

[29:29] children are riding bikes, and residents are utilizing

[29:31] Cardinal Road for recreation.

[29:33] Cardinal Road has no sidewalks, and only limited shoulders,

[29:37] raising legitimate pedestrian safety concerns.

[29:41] Question F and G address roadway adequacy and drainage.

[29:45] The staff report concludes the property

[29:49] will meet roadway standards.

[29:52] Has the applicant submitted a traffic impact study?

[29:55] How many vehicle trips are inspected

[29:57] during regular services or special events?

[29:59] Has the county engineer determined

[30:01] that Cardinal Road can safely accommodate anticipated traffic?

[30:04] Has fire and Rescue reviewed the proposed site

[30:08] to ensure emergency access is adequate?

[30:12] I also asked the board to consider the neighboring home

[30:17] impact.

[30:18] Regarding drainage, the property is currently wooded.

[30:21] How much impervious surface is proposed?

[30:24] Will the site be filled before construction?

[30:27] Has any analysis been completed to determine

[30:30] whether stormwater runoff will affect neighboring homes?

[30:33] Question I addresses exterior lighting.

[30:35] Although any lighting may comply with county code,

[30:38] there's currently no streetlights.

[30:40] Even shielded lighting will address artificial light

[30:42] into an area that is currently rural and dark.

[30:45] Has that impact on homes been evaluated?

[30:50] I just want to be clear that my concerns are not

[30:54] about the religious nature of the application,

[30:56] but whether the location is appropriate for institutional

[30:59] use and whether the evidence required to confirm

[31:04] has been provided.

[31:19] >> Thank you.

[31:20] Next I will call James Thompson.

[31:28] >> Good evening.

[31:29] I am James Thompson.

[31:29] I appreciate you taking the time.

[31:29] >> We need to swear you in real quick sir.

[31:29] >> Do you swear that the testimony you're about to give

[31:31] is the whole truth and nothing but the truth?

[31:33] >> I appreciate the jobs that you all do.

[31:36] I was in public for a long time so I know what it's like.

[31:40] But I do appreciate it.

[31:44] I live at Cardinal Road, and this

[31:48] will impact the area that I live in,

[31:49] and it's right down the street from me.

[31:51] I'm not opposed to anything God is building

[31:55] and I want to say that right up front.

[31:57] What I am opposed to is if it will stay zoned for churches

[32:01] only.

[32:02] Is somebody going to you open a pig farm right down the road

[32:09] from me?

[32:10] Those are my concerns.

[32:13] I know several residents in here as well

[32:17] that have the same concern.

[32:19] I ditto everything that Mr. Burns said.

[32:22] I thought she had a great presentation

[32:26] and I wish I would have had time to look up and see.

[32:30] I see how these things impact emergency services

[32:33] and you know that as well.

[32:35] What I ask now is that you take this into consideration

[32:38] of things that she brought to your attention,

[32:41] and can these be changed in something else be built there?

[32:45] I don't know anything about this particular church group and I

[32:48] have nothing about -- nothing against God,

[32:51] and I'm all for church, but what can they do there?

[32:56] The Pentecostals have all kinds of different things,

[32:59] and I know that.

[33:00] Good and bad.

[33:01] So keep that in mind as well.

[33:05] But how is it going to impact our neighborhood?

[33:07] I'm not in favor of it.

[33:09] And I think it was going on one of y'all's roads,

[33:13] you would have the same things to be concerned about.

[33:15] Think about that.

[33:16] Thank you so >> Appreciate it.

[33:28] Thank you Mr. Thompson.

[33:29] Call for Barry Woods.

[33:29] If you will please step forward and get sworn in.

[33:29] >> Do you swear this is the truth and nothing but the truth

[33:31] so help you God?

[33:32] >> Yes Ma'am.

[33:33] My name is Barry Woods and I live at 86125 Cardinal Road,

[33:36] and I'm probably part of the reason why a lot of these people

[33:39] are here today.

[33:40] I worked in construction since I was a kid,

[33:43] so I know a lot about development,

[33:45] and one of the things that really concerns me is I

[33:49] ran a feasibility study of this land use,

[33:53] and they used environmental impacts,

[33:58] because our neighborhood is flooded with deer and gopher

[34:02] and turtles everywhere and they're an endangered species,

[34:05] so how would this impact that?

[34:06] Churches now have a lot of powers with religious land use

[34:10] and institutionalized people, in which it becomes a church,

[34:19] there's powers above what the board

[34:21] is allowed to hear and allow peer community churches do

[34:24] this as a flip for profit.

[34:26] The church that they're having currently was purchased

[34:34] for $130,000 in 2015, and currently the price

[34:40] of the property is $2 million.

[34:42] So they got $1.9 million windfall off the sign

[34:46] of it being conditional use.

[34:48] The same property would be impacted in our neighborhood

[34:50] the same way.

[34:52] So all these things are -- besides all the points that

[34:58] everybody has brought up, there's many other things that

[35:01] this could be and it's not particularly explained

[35:07] perfectly.

[35:08] I don't want our county being corrupt.

[35:15] I think it will have a huge impact on this neighborhood

[35:18] and I hope y'all deny it.

[35:21] Thank you very much.

[35:24] >> We will now call Mr. Lawrence France.

[35:45] >> Do you swear in affirm that this is the truth the whole

[35:47] truth so help you God?

[35:47] Will you state your name and address for the record?

[35:47] >> My name is Lawrence France and I live on Cardinal Road.

[35:50] I've been there since June of 89.

[35:51] It's been a residential area the whole time.

[35:55] Until just recently.

[35:59] Now on Dove Road and Cathy Road, there is a dump

[36:05] Trump double Dutch dump truck company,

[36:07] an all day long we have these dump trucks lumbering

[36:10] up and down the road.

[36:12] There's another commercial property there that y'all have

[36:15] recently approved.

[36:16] The church in the area --

[36:21] I don't think it's a good idea.

[36:23] Like Kathy Burns said, the lighting

[36:26] would be terrible for it, and I don't need all the traffic

[36:32] up and down there.

[36:33] We had a lot more traffic when you rerouted

[36:35] William Burgess for a while.

[36:37] That was terrible in our neighborhood.

[36:40] And I don't think a church is gonna help anymore.

[36:45] Also, I'm not against churches, but I

[36:49] think they should be in a commercial area and not

[36:53] in a residential area.

[36:55] That's pretty much all I have.

[37:12] >> Thank you sir.

[37:12] That is all the comment cards I have

[37:12] for tab B. I want to make sure I'm not missing anybody.

[37:15] If you'll bring that over to the court please sir.

[37:25] >> Do you swear or affirm that the testimony you're about

[37:27] to give is the whole truth and nothing but the truth so help

[37:27] you God please state your name and address for the record

[37:27] please.

[37:27] >> David Kennedy, 86023 Cardinal Road.

[37:29] This is my first meeting ever.

[37:30] I don't really come to these things.

[37:33] I'm actually new to the area and I've known --

[37:35] owned my house for about two years now.

[37:38] I moved there for my daughter who is nine,

[37:41] and it was a nice quiet neighborhood

[37:44] until about six months later when you guys built the thruway

[37:48] that the previous speaker talked about that

[37:50] built a ton of traffic through that area.

[37:54] Right where my daughter rides her bike and her scooter

[37:57] and plays outside, and all of my neighbors who have children

[38:01] are the same.

[38:02] For months and months, we were told over and over again that

[38:06] the roundabout was delayed and delayed ,

[38:11] and people came through that thruway until 2 or 3

[38:14] in the morning blasting music and speeding and doing things

[38:19] that make me concerned for my daughter's safety.

[38:22] Whenever you bring people from outside our community

[38:25] into the community, I believe it's

[38:28] proven that crime and other things can go up.

[38:33] We don't know who would be going to this church,

[38:36] but from what I've understood, it doesn't seem like they have

[38:41] very good numbers as far as understanding what

[38:43] the appearance --

[38:44] attendees would be and what traffic

[38:47] would be like and what time they would be open till.

[38:50] It doesn't sound like there's been really any for that

[38:53] into how this property would be used.

[38:56] I don't know if I'm allowed to ask a question

[38:58] and be allowed to get an answer.

[39:00] But if this is zoned, does that remain a commercial property

[39:04] forever?

[39:07] >> Mr. Chair, may I?

[39:09] This is not a rezoning.

[39:12] Conditional use is a use that has

[39:14] been identified as a proper use within its current zoning

[39:16] district.

[39:17] With certain conditions and limited number and location.

[39:22] So that's what's being approved is conditional use.

[39:26] And to answer another question or concern

[39:28] from earlier, the conditional use is for church only.

[39:32] No other use, conditional or not.

[39:36] Can be approved there without being back before this board.

[39:40] And there's a list of permitted uses

[39:42] that are by right that anybody can do on the land.

[39:47] The conditional uses have been identified as appropriate

[39:50] for this zoning district when they have conditions

[39:52] such as has been raised by staff tonight and approved

[39:56] by this board.

[39:57] It's not commercial at all.

[39:59] It doesn't change your zoning district at all.

[40:03] >> Well I've known churches to have farmers markets and giant

[40:08] events and funerals and weddings and all sorts of things that

[40:12] just because they're at church, they're operating

[40:16] as a commercial property.

[40:20] They have enough people to be in a commercial property.

[40:24] >> No sir, they are not acting as a commercial.

[40:27] It doesn't mean they're protected forever.

[40:30] Please no talking.

[40:37] It means we can't place undue restrictions on religious use.

[40:42] It is religious use, and that is not

[40:45] in our definition or the law a commercial use.

[40:49] >> I understand that and maybe that's strictly

[40:51] because they're not paying taxes or making money off the people

[40:53] that are coming in, but my point is it still has an impact

[40:57] to the community, and it has an impact to my daughter

[41:00] and the house that I just bought.

[41:02] So in my opinion, I don't really understand why it would even

[41:06] be warranted to put it there.

[41:08] It's a residential area so I don't know why there's a church

[41:13] -- there's a church right down the street.

[41:14] So that's what I think and thanks for listening.

[41:18] >> Thank you sir.

[41:33] >> I would normally ask for cross examination or rebuttal,

[41:35] but I'm not sure -- we will do this last one.

[41:50] >> Do you swear the testimony you're about to give is

[41:53] the truth and nothing but the truth?

[41:53] Please state your name and address for the record.

[41:53] >> My name is Beth Peshek and I live at 86342 Cardinal Road,

[41:55] which is directly parallel from the power lines from it.

[41:59] My big concern is the size of the road,

[42:02] and like everyone has discussed here, the traffic coming through

[42:06] here, because it has exponentially

[42:07] increased in the 12 years since I bought their.

[42:13] It's just a lot of -- the privacy and the in, and like I

[42:19] said when they did the roundabouts from William Burgess

[42:22] as a Thruway, it was all the time, and there's not the 35mph,

[42:28] and you really have to go slower to get two cars through there

[42:32] now, so my concern is just all that traffic that's already been

[42:37] there.

[42:37] Any other concerns, that's my main one.

[42:42] So thank you.

[42:45] >> Thank you.

[42:48] >> So normally with a cross-examination,

[42:49] we would do that with the -- >> If you wish to actually address

[42:55] any of the concerns tonight, Mr. Applicant,

[42:57] you are quite welcome to address or rebut any of the evidence

[43:01] presented.

[43:35] >> Good afternoon.

[43:36] I Kayla Thompson.

[43:36] >> Do you swear or affirm the testimony you're about to give

[43:36] is the whole truth and nothing but the truth?

[43:36] >> Yes.

[43:36] Mr. Santana has limited English proficiency,

[43:38] so I'm just here for translating if there are any questions.

[43:50] English

[44:13] >> So the church is not trying to create any problems

[44:15] for the community.

[44:15] The church is to heal the community.

[44:17] The building is inside of the property ,

[44:23] like any other house or residence.

[44:28] So pretty much the same driveway entry you have for a house

[44:33] is what you would expect when you drive up to the church.

[44:38] According to the regulations , the church has people that

[44:47] control the traffic.

[44:50] To avoid any problems.

[45:01] The church is a private property like any other house

[45:06] or residence or place.

[45:13] And what they're doing in the building

[45:17] is part of any church function.

[45:28] The construction of the church won't

[45:31] impede any form of traffic or anything in the community.

[45:40] So the church did not present -- the building of the church did

[45:46] not present any problems for the community.

[45:52] What they're going to do is for the people who have problems

[45:56] with the construction of the church -- before they begin ,

[46:08] the church is pretty much to heal people once again.

[46:11] And the church is for the well-being of the community.

[46:15] So there aren't any alcoholics, no drug addicts,

[46:20] and so the people change for the good.

[46:37] >> Can you ask him what would be the primary days of operation

[46:40] for that church?

[46:40] A lot of churches are basically Wednesdays and Sundays

[46:40] and limited activities through the week.

[46:40] But what would be the primary days in that community

[46:42] that that church would be in operation?

[47:05] >> And their church and service time.

[47:13] >> Said Thursdays and Sundays --

[47:14] Thursdays from 7 to 9 p.m.

[47:15] And Sundays from 12 to 4 p.m.. --

[47:22] 2 to 4.

[47:29] It's a rented place.

[47:33] So the place that they have currently is rented

[47:37] and they're trying to build this place so that they

[47:41] can hold their services better.

[47:46] Especially for the Hispanic community.

[48:07] >> We don't think it will be a lot of traffic.

[48:08] I understand the concern, but really as a community,

[48:11] we are very quiet, and we follow the rules,

[48:13] and also, we try to respect people.

[48:16] If I know the neighbors across, we

[48:19] are not people who will make big loud parties and music.

[48:23] We always respect people and -- it's not like we want to go

[48:36] and change it -- like a family.

[48:48] We're not going to do crime like I heard somebody say --

[49:01] every Sunday we have a meeting and we follow the traffic and we

[49:08] make sure that nobody is around the area when we go out.

[49:12] We have been for years in the church in renting

[49:16] and we don't have any problems.

[49:21] We don't have any problems with the neighbors or the people

[49:23] that go by.

[49:24] And thank you very much and I think

[49:26] that will be a good thing for our community.

[49:30] Because our neighbors and families

[49:35] need God and our meaning is for good

[49:39] in changing their lives for good.

[49:40] God bless you.

[49:43] >> I think we might have a few more if we could just go ahead.

[49:46] I have a couple really quick if you could ask.

[49:49] Do you know if they have plans on having a preschool

[49:52] or anything like that?

[49:54] Or any living quarters for a pastor

[49:57] or assistant pastor or anything like that?

[49:59] Do they have plans for that?

[50:18] >> Our plans in the future are not for housing or schooling.

[50:21] It's just for church come on Monday come

[50:21] on Wednesday come on Sunday.

[50:22] No Preschooling or housing is in our budget.

[50:28] >> And if you'll just wait there for one more question.

[50:35] If that was to change and they were

[50:38] going to put housing there or anything,

[50:40] would that end up being in the code enforcement issue?

[50:45] >> It would, but I would defer to planning that, as you said,

[50:50] a rectory or pastor is a supplementary use as there

[50:53] within conditional use as.

[50:55] That would be to allow a pastor to live on site.

[50:58] It would not allow for rental housing for anybody else.

[51:03] >> Just the pastor and immediate family?

[51:06] >> Correct.

[51:07] But no daycare.

[51:08] That would have to come back before you.

[51:12] This is church services and potentially if a pastor

[51:17] needed to live on site as a rectory,

[51:19] that would be allowed as a supplementary or accessory use.

[51:23] >> I wanted to ask that for me and I think Mrs.

[51:25] Burns was also asking along those >> To add to that

[51:40] in article 32 -- >> Do you swear and affirm that the testimony

[51:42] that you are saying is the truth?

[51:42] Say your name and address.

[51:42] >> I'm from the planning department.

[51:43] To refer you to article 32 from the Land Development Code,

[51:45] the devastation of a church is a building --

[51:49] the definition of a church is a building with established

[51:54] religions as a place of worship.

[51:56] Such building may include but is not

[51:58] limited to a residential area for the pastor

[52:00] or resident of the sect, educational facilities,

[52:03] and other structures.

[52:07] >> But notably, not child care.

[52:10] >> And through the chair, on the conditions of approval,

[52:15] is this rooms with the land.

[52:17] Is that correct?

[52:19] Which means it doesn't change to come into effect here.

[52:26] >> Correct, and to remind you all,

[52:28] conditional uses as a starting point don't run with the land.

[52:31] There are only specific times that we

[52:33] can allow that to happen.

[52:34] Cemeteries are a conditional use,

[52:37] but we don't expect them to give up their land.

[52:42] Here they are going to build an actual structure.

[52:48] Should they ever abandon your, it cannot be anything

[52:50] but a church.

[52:51] When it runs with the land, we will file that

[52:54] in the Clerk of courts so that's the only conditional use that's

[52:57] allowed there.

[52:59] >> And therefore it will be a restriction?

[53:03] >> Innocence, yes.

[53:06] >> So this usage is if the county VOC accepts it

[53:11] or whatever the case may be?

[53:13] It runs with the land for now.

[53:31] >> This does not go to the board of County Commissioners.

[53:34] It's filed and will be filed at the property itself.

[53:34] Does any other member have questions before we move on?

[53:36] Thank you very much.

[53:57] >> I have a question for staff.

[53:59] Elizabeth, would you clarify or --

[53:59] I know staff said, but if you could

[53:59] verify that all of the building restrictions

[53:59] as far as traffic study, buffering, landscape,

[54:00] or environmental will be done at the time?

[54:03] >> As you just stated and is in the conditions,

[54:06] this is just the first step in the approval process

[54:08] for the church.

[54:10] If approved, the applicant will be

[54:14] required to come back and go through the site engineering

[54:18] process and have a submittal application

[54:21] process with the Developmental Review Committee.

[54:23] After that they submit plans.

[54:26] We do have in the room somebody with developmental services

[54:29] engineers stormwater as well, but they will review it

[54:32] at that time so that all the drainage and stormwater

[54:36] requirements are ensured to be met,

[54:38] and buffering and screening requirements,

[54:40] and they will have complimentary land use

[54:43] buffers to the north, east and south of the property,

[54:46] and along the frontage of the property

[54:48] they will be required to have a perimeter landscape strip,

[54:51] and that consists of canopy trees, understory trees,

[54:56] and shrubbery within a defined distance.

[55:00] Environmental review, so tortoises are protected status

[55:05] in the state of Florida and it's illegal to destroy a burrow

[55:08] or relocate gopher tortoises.

[55:10] You have to go through the appropriate channels for that.

[55:14] There's wetlands on the site.

[55:16] If they do not mitigate against the wetlands,

[55:18] they have to maintain offers and cannot build on wetland system.

[55:24] If there's any flood, or special flood hazard area,

[55:28] they would have to maintain a 60% open space on the site.

[55:32] Additionally there in the William Bridges district

[55:35] overlay, so they do have to adhere

[55:36] to the design regulations that are in the William Burgess

[55:40] District blueprint.

[55:41] The context and Connectivity blueprint.

[55:45] So they will have architectural standards for transparency,

[55:49] windows, and more elevated standards

[55:54] than what the current buildings had to comply with in that area.

[56:00] And since they're in the William Burgess district,

[56:03] they do have to adhere to dark sky friendly lighting.

[56:07] So it will be downcast and there can be no lights

[56:12] village on adjacent properties.

[56:14] They have to submit a plan showing

[56:16] they're not having that light spillage on adjacent properties.

[56:21] >> Thank you.

[56:40] >> Can I have a follow up question?

[56:42] This was just clarify something that she answered that I asked.

[56:42] She said that before site work is

[56:42] done that it will be evaluated for stormwater

[56:42] drainage and that type of that type of thing.

[56:44] There were multiple deliveries of rock and dirt delivered

[56:46] to the site today.

[56:48] So the studies have to be done before work can start

[56:51] and those types of things start being delivered?

[56:54] Because there were multiple dump trucks in and out

[56:56] of the site today delivering those types of items.

[57:00] >> To respond to that, Katie P, our stormwater director is here

[57:04] in the room.

[57:05] So she and her staff can definitely follow up on that.

[57:25] >> If you believe that a violation has occurred.

[57:27] >> If we haven't established the stormwater,

[57:27] what runoff will happen with site build in that type of thing

[57:27] to the property?

[57:27] Like I say, multiple dump loads full of rock and gravel

[57:30] were delivered today.

[57:55] >> Mr. Chairman?

[58:00] >> Do you swear and affirm the testimony you're about to give

[58:03] is the truth and whole truth so help you God?

[58:03] >> Katie P, stormwater and drain management director.

[58:03] As far as fill being brought in, that is regulated through G c --

[58:05] DRC.

[58:05] If we know that's going through DRC,

[58:08] that's regulated through our developmental Services

[58:10] department.

[58:10] We do have old typography that we

[58:14] can look at if dirt was spread prior that we haven't had before

[58:19] and after, but we can definitely follow up on code enforcement

[58:23] if that's something that needs to be addressed at this time.

[58:44] >> Just a follow up Question, would you require them to change

[58:46] it?

[58:46] I'd like to remove the dirt that was put prior to removal

[58:46] back to its previous topography?

[58:46] >> Correct.

[58:47] For the stormwater drainage, they have to meet our review.

[58:52] >> And inspections are done throughout?

[58:54] >> Correct.

[58:56] >> Are you familiar with this parcel?

[59:14] >> I did look at it prior to this meeting.

[59:16] >> Are there wetlands on it?

[59:17] >> They have not been officially delineated.

[59:27] >> Thank you do we have any final comments from staff?

[59:29] >> Not unless you have any additional questions.

[59:38] >> I just want to make one comment,

[59:40] and I think this is the right way to look at things that come

[59:40] before us.

[59:40] It is a sequential process, and just becomes someone comes

[59:45] before this board -- if it is a yes ,

[59:52] that does not mean that that individual or entity can go do

[59:57] what they want to do.

[1:00:00] I'm pleased that we have a process in this county that is

[1:00:06] sequential, and the Development Review Committee is checks

[1:00:11] and balances and I've seen it work ,

[1:00:17] and these things will be addressed at the next level.

[1:00:21] What we're dealing with is property rights.

[1:00:30] Do we have any other board questions from anyone?

[1:00:36] >> To piggyback on my fellow board member,

[1:00:42] we take it to heart that what we're deliberating is the law.

[1:00:48] The process that follows this is an open invitation to pain

[1:00:54] if you haven't been through the DRC, you should try it one time.

[1:01:00] They will make you deliver on every single aspect and land

[1:01:06] development code.

[1:01:07] So this has to do with private property rights and the law,

[1:01:13] which we're here to deliberate, and appreciate the comments,

[1:01:16] but I have a whole string of notes here of speakers

[1:01:22] in their comments which I think must have been answered by staff

[1:01:26] or our county attorney.

[1:01:29] So I'm very happy that there is a deliberate process

[1:01:34] as my fellow board member said that follows this.

[1:01:39] It's an open invitation to pain.

[1:01:43] If you haven't tried it, go through it,

[1:01:46] but I applaud staff for the recommendation.

[1:02:09] >> Public hearing for Tab B is closed.

[1:02:10] Do we have any board deliberation?

[1:02:10] I will entertain a motion for approval or denial of see u

[1:02:13] 206-002.

[1:02:25] >> Mr. Chair, based upon the record evidence and testimony

[1:02:27] received, I find that there is competent and substantial

[1:02:27] evidence pursuant to the Land Development Code section 22.03 K

[1:02:27] and section 5.0 4k --

[1:02:27] A through K, conditional use reveal criteria,

[1:02:29] and therefore my motion is to approve

[1:02:31] CU2026-002, subject to conditions contained

[1:02:37] within the staff report.

[1:02:58] >> Motion made by board member Morriss and seconded by Hinson.

[1:03:00] Call the vote.

[1:03:00] >> Hodges, Hinson, blue, Morris, Valenta, and cherry Erickson.

[1:03:03] The motion carries.

[1:03:20] >> Regarding Tab, does any member have ex communication

[1:03:23] to expose?

[1:03:23] Please identify the documents being placed into the record.

[1:03:23] >> Application for rezoning nine pages, staff report six pages,

[1:03:25] and Nassau County business impact estimate two pages

[1:03:29] in staff presentation 12 pages.

[1:03:32] >> Thank you.

[1:03:33] I'll entertain a motion to accept

[1:03:34] the motions into documents for tap C. Motion is seconded.

[1:03:38] All in favor say I. All opposed say nay. >> The floor now

[1:04:29] open for public with Tab C. begin with staff presentation.

[1:04:36] >> you swear or affirm testimony you're about give is the truth

[1:04:39] the whole truth nothing but the truth?

[1:04:39] I do.

[1:04:39] >> your name for the >> Will writer, Department.

[1:04:39] This is a to rezone approximately and a half acres

[1:04:39] from commercial intensive to transect based zoning district,

[1:04:42] urban transitional zone T 3.5.

[1:04:45] This is the accompanying rezoning application

[1:04:53] to the comprehensive Plan Amendment application

[1:04:57] that you heard prior.

[1:05:24] Would you like me to proceed sir?

[1:05:28] I appreciate your attention.

[1:05:31] The owner is Judith Turner Ellie and Nassau

[1:05:35] County is serving as the agent.

[1:05:38] Again, this may look familiar to you

[1:05:41] tonight or previous to tonight, where

[1:05:45] we have a vacant property at the corner of SR 200 and Harry

[1:05:51] Green.

[1:05:51] It's outlined in red and about a quarter mile

[1:05:54] from SR 2200 section.

[1:05:59] This is the design overlay regulating map, otherwise known

[1:06:04] as flume 11.

[1:06:06] And you can see that the request to rezone it

[1:06:12] corresponds with this zoning district and future land use map

[1:06:18] designation.

[1:06:19] Current land use is commercial for recommendation

[1:06:25] previously to change that land use designation to T-1-5.

[1:06:32] Your recommendation to rezone this to T3-0.5 would make it

[1:06:38] consistent with the recommendation you gave earlier.

[1:06:41] Now a quick look at the permitted uses

[1:06:47] is it allows single family or multifamily townhouses,

[1:06:52] hotels, and mixed use resorts.

[1:06:55] The key here is as a minimum residential requirement

[1:06:59] of five units per acre, with a maximum of ten.

[1:07:04] You can also develop it with offices,

[1:07:08] and each type of officer as you can

[1:07:10] see on this slide, and service establishments

[1:07:13] and basic commercial uses like retail restaurants

[1:07:17] and supermarkets and that sort of thing.

[1:07:23] Also public and quasi public uses and education facilities .

[1:07:53] Like the list you entertain tonight

[1:07:55] like venues and automated drive thru facilities.

[1:07:55] It's consistent with a comprehensive plan.

[1:07:55] It's designated T3-5 on the future land use

[1:07:55] map which is an element of the Comprehensive Plan.

[1:07:57] It's intended for this type of development

[1:07:59] and it allows mixed use residential use, and it

[1:08:07] it's designed to promote the compact development

[1:08:12] that we're looking for and there's public sewers available,

[1:08:21] and I already mentioned it being an infilled opportunity.

[1:08:23] Can enable the extension of SR 200 intersection,

[1:08:27] all of which are as low -- labeled T3-5.

[1:08:32] And it's consistent with the zoning that we just mentioned,

[1:08:39] and it's compatible now with commercial land use designation

[1:08:45] and commercial intensive zoning, but will be as well if both this

[1:08:51] and its accompanying application and it's

[1:08:55] consistent with the comprehensive plan.

[1:08:59] I think most of all these were discussed

[1:09:03] when we looked at the map and we talked about the consistency

[1:09:08] with comprehensive plans.

[1:09:09] We find it's consistent with the comprehensive plan and the Land

[1:09:13] Development code.

[1:09:18] >> Thank you.

[1:09:22] And I have no public comment cards for Tab C.

[1:09:26] Do we have any cross examination or rebuttal quotes

[1:09:30] any final comments from Staff?

[1:09:33] Any more questions from anyone?

[1:09:39] Public hearing for Tab C is now closed.

[1:09:41] Do we have any final board deliberation?

[1:09:46] I will entertain a vote for this ordinance.

[1:10:12] >> Mr. Chairman, previously I made the motion earlier

[1:10:14] for the flow of this, and I want to make the recommendation that

[1:10:14] based upon the record evidence and testimony received,

[1:10:14] I find that there's competent and substantial evidence

[1:10:17] pursuant to these policies and policies 0806828 of the Nassau

[1:10:43] Comprehensive Plan in section 5.02 section C and section 5.02

[1:10:50] D, one through eight of the Nassau County Land Development

[1:10:54] Code, and therefore my motion is to recommend approval

[1:10:58] of our 26-007.

[1:11:05] >> Motion made by board member?

[1:11:08] Seconded by Doctor Blue.

[1:11:11] County Clerk, please call the vote.

[1:11:15] >>?

[1:11:16] Morris?

[1:11:17] Blu?

[1:11:17] Van dike?

[1:11:19] Hanson?

[1:11:20] And board member Hodges?

[1:11:24] Chair Ericksen?

[1:11:26] That's Seven Eyes and Zero nays.

[1:11:28] It carries.

[1:11:30] >> Do we have any general public comments?

[1:11:32] Do we have any further board business?

[1:11:36] Our next meeting will be September 1st?

[1:11:39] Have a good night.

Planning and Zoning Board

Agenda

Transcript