Good evening.
Let us come to order.
Welcome to the Nassau County Planning and Zoning Board
meeting for August 4th 2026.
Copies of tonight's agenda are available in the media table.
Please come forward and obtain a copy if you wish.
Please stand for the prayer and remain standing
for the Pledge of Allegiance.
>> Let us prayer.
We pray and thank you for this new month
that that you allowed us to see.
With all of us we pray for all of our schools and pray
for our school leaders and teachers and staff,
and we pray for a safe school year and a successful school
year.
We pray for this board meeting tonight
that God you would grant this board wisdom and knowledge
and understanding.
We pray for the staff and we pray for those
that we are privileged to serve.
And we pray most of all that this meeting tonight will
be conducted in a manner that would be pleasing in your sight
and be considered respectful common decent,
and it's in your precious name we pray.
Amen.
I pledge allegiance to the flag of the United States of America
and to the Republic for which it stands one nation under God,
with liberty double indivisible with liberty
and justice for all.
>> Madam clerk please call the roll.
>> Hodges, blue, Morris, board member Valenti,
and chair Erickson.
>> Here.
>> Tap A is a legislative hearing.
County attorney, please read the procedures.
>> Thank you Mr. Chair.
The following item is a legislative item
that is tab A. These procedures are in place to give all that
wish to speak for or against an item the opportunity to do so.
Those wishing to speak in favor of or against the item
being considered will have three minutes to address the board,
and all statements should be addressed to the board
only, and address only the item under consideration.
Speakership not in double Dutch speakers
should not engage in attacks on other speakers
or board members please begin by stating your name
and address for the record period please
do not be repetitive or restate the same information
as previous speakers.
Sharing or transferring of time is not allowed.
Clerk will control the time allocated, again
is three minutes.
Any speaker with documents or presentation --
as part of the presentation should put it to the clerk.
The meeting is being recorded so please no applause or outbursts
because it does distort the recording.
The board will close the public hearing
and may ask questions of speakers or staff
and then deliberate and vote on the item before them.
Mr. Chair?
>> Thank you.
The floor is now open for public discussion for Tab A ,
so begin the presentation. -- staff presentation.
>> Good evening, board members, I am Will Ryder of the Planning
Department.
Let me get this full size there.
This is a request -- >> Let me change it.
>> This is a request to amend the commercial land use from
commercial to transect based zoning district T 3/5.
The owner is Judith Turner, L, and Nassau County
is serving as the agent.
To your left we have flume 11, future land use
map 11, the regulating map.
You can see on the right that the property is currently vacant
and Becca Richard -- back over to the left,
I blew this up a little bigger so you can see where it is
in relation to the 200 corridor.
It's about a quarter of a mile east to the Fillmore and Minor
Road intersection.
You can see the request is T dash 3-5.
This is a accompanied by a application
to rezone it to 3.5 later in the meeting period
and this is the Urban Transitional zone,
and if you imagine, I know you all are familiar with us
17 intersection further to the west.
That's an urban zone.
So this is the transitional zone leading up to that.
Current land use is commercial, and the current zoning is
commercial intensive, and again, the request is to change it
to T-3.5.
Its consistency with the comprehensive plan.
It's an infill development, and we'll
talk about uses later in the rezoning,
but their appropriate to mention here as well.
It's an opportunity that allows a mix of uses.
There is a minimum residential requirement
of five units per acre, and a possibility of a max of ten.
So the most I could get here is 42 dwelling units --
or that's the minimum is 42 dwelling units per acre.
It can also be developed commercially
with some standard commercial uses
like retail and restaurants.
And some office buildings.
Mixed use developments on arterial street.
If you go back to the map you can
remember it's in the orbital transfer zone.
This is an appropriate development requirement
that complies with the regulating map.
It's in a service area, and there
are a lot of words there but per the Growth trends report,
we need houses and jobs for our residents,
so mixed use development enables that type of development
to occur to provide jobs and housing.
Specific traffic impacts purpose.
This will be monitored with the project goes
to the development review committee for the site plan
development.
It adheres to the site development plans of flume 11,
if you remember back to the map.
And as far as compact development,
timber to tides to encourage that type of development.
Staff finds this is consistent with the comprehensive plan
and we recommend approval.
>> Thank you sir.
I have no public comment cards to speak on tab A.
Does any member of the board have questions for staff?
The board is now closed for public discussion on Tab A.
Do we have any further board conversation?
I will entertain a motion to approve or deny tab a.
>> Mr. Chairman, based on the record evidence and testimony
received, we find that the movement is consistent with
policy 01.02 J one policy F oh two, and policy zero two of six,
and policy F m .010 four A through G of the Nassau County
Conference of Plan, and therefore my motion is
to recommend approval of CPA26-007.
>> We have a motion to second.
All in favor say aye all opposed say nay.
Motion passes.
>> Tubs B and C are quasi judicial hearings.
Please read the procedures.
>> Thank you Mr. Chair.
As stated, the following items are
to be heard as judicial hearings.
Those are to consider CU20 26.002,
and the applicant is requesting a conditional use
to allow a church in the open rural or zoning district.
Church of God International Pentecostal Movement Inc.
Samuel agent district three.
Tab C, to consider R-26-007 an ordinance 26-053,
the rezoning of approximately 8.52 acres located in the north
side of State Road 200 between here and Green Road and Peebles
Road.
For commercial incentive to transitional zone T-3.5.
Earner -- owner Judith Turner, agent Nassau County,
district three.
The quasi judicial hearing is different
than a regular hearing conducted by this board
and a quasi judicial hearing is less formal than a court hearing
but similar in its procedure and evidence matters.
Applicants have the burden of demonstrating
competent and substantial evidence
that his or her application is consistent with the following
requirements.
For Tab B, that is land Development code section
22.03 subsection K, and 504 subsections A through K
with the conditional use review criteria for tab C, that
is policy f l .01.02 j one.
Policy f l .02.06 C one, policy f l .02.06,
and policy f l dot 0.06 A through J of the Nassau plan,
and section .502 C and oh two D one through eight of the Nassau
Development Code.
Those opposed must also demonstrate
through competent substantial evidence
that the application does meet these requirements.
While the board welcomes comments
from all who have an interest in these proceedings,
follow the law requires that the board's decision
in a quasi judicial action be supported
by competent evidence presented to the board
during the hearing of the application.
Competent substantial evidence is
evidence which a reasonable mind would
accept as adequate to support a conclusion.
There must be a factual basis in the record
to support opinion testimony from both expert
and non-expert witnesses, and email communications received up
until the time of this meeting are
a part of the public record for the hearing
but are not without competent and substantial evidence.
Applicants are entitled to be represented by counsel.
If they desire, to obtain counsel,
they must make a request to this board.
It will be at your discretion to grant or deny
that request to the hearing procedures will be as follows.
Staff will be sworn in to support the applicant's request
and they will have ten minutes.
The applicants may reside rely on their comments.
They do retain the right to rebut any testimony
against their application.
Do either of the applicants for tonight
wish to waive their presentation and rely
upon staff recommendations?
If so I will need you to come to the podium and state
that for the record.
No one.
The advocate of Representative will
have the opportunity to present evidence for the application.
They will have 15 minutes for that presentation.
Public participants for or against the application
will be sworn in and have three minutes each
to present testimony to the board
with evidence extension of time may only
be granted through the chair and sharing insurance of time
is not allowed.
Evidence for or against the application
will be addressed at the podium in any documents
or photographs must be submitted to the Deputy Clerk.
The documents will not be returned
and they become part of the official record.
The applicant or the representative
will then have a maximum of ten minutes for any cross-exam
or rebuttal.
Staff will have five minutes to provide any comments
to the board.
The board will close the hearing and discuss the application
and may ask questions if applicant staff or witness
about the application.
Any motion of the board must include whether the board member
finds competence in substantial record in the record
or testimony received to support the board's decision to approve
or deny the agenda item.
This meeting again is being recorded,
so please no applause, outburst, or talking.
It does restore the recording.
If there are any questions to these hearing procedures,
please ask them at this time.
Mr. Chair you may continue.
>> Thank you.
Regarding tab, does any member have ex parte communication
to disclose?
Madam clerk, please identify the documents to be placed
into the record for tab B.
>> 002 application for conditional use 18 pages site
plan five pages, staff report four pages,
>> Motion to accept these into the documentation for Tab B?
>> All in favor say aye and all opposed say nay.
The floor is now open for public hearing
on Tab B. We will begin with the staff presentation.
>> Do you swear to tell the truth and nothing but the truth
so help you God?
>> I do.
Catherine Davis, planner two with the planning Department.
Good evening and thank you to board members and the public
for your time and engagement.
Please consider conditional use application 2026-002,
conditional use permit to allow a church in the open Rural
Zoning district.
The owners being the Church of God,
international Pentecostal movement incorporated.
Their agent is Mr. Samuelson --
Samuel Santana.
This is in Commission district three,
which is located West of highway 17, midway between State Road
200 and William Burgess Boulevard.
On the east side of Cardinal Road.
The Blue star is designation of the location.
The zoning for this parcel and the surrounding area
is an open rural district in the future land use map designation
is medium density residential.
A boundary survey and an early conceptual drawing
of the proposed church was provided in the application.
In reviewing the proposed church regarding inconsistency
with the future land use development and zoning,
pursuant to the Land Development Code 22 dash
zero K. Medium density residential
is compatible with community facilities,
and residential neighborhood.
This subject neighborhood -- the subject property is 3.7 acres.
The church must adhere to the supplementary regulations
in Land Development Code section 22.04 and 22.06.
When submitting their application
for Development Review Committee and site permitting.
The following are included.
The minimum requirements for a church are 150ft lot width,
two acres minimum, for lot area, and the minimum yard
requirements are 35ft for the front yard,
15ft for the side yard, and 25ft for the rear yard.
The maximum building height is 45ft.
The maximum lot coverage for a church is 50%.
The Land Development Code section
5.04 conditional use criteria have
been evaluated to maintain consistency with the future land
use map and zoning, where the Land Development Code allows
a church by conditional use the site development
and will also be reviewed through submission
to Development Review Committee and permit review.
Item a, the church establishment does not
present any endangerment of public health, safety
or general welfare.
Both the Department of Health and the Fire Department
will actively review the site development.
Item B, the development of the parcel
should meet all site and building requirements
in the applicable standards by the state County.
Item C, the approximately 3.7 acre wooded lot on county
maintained Cardinal Road and its rivers
adjacent to an existing utility substation on a ten acre parcel.
Off peak operating hours are expected to minimize the traffic
impact on Cardinal Road.
Item D. The surrounding area shares the same open role
and medium density residential land use map designation.
The proposed church should not impede
the improvement or development of surrounding properties.
Item E, the site is reserved by existing private will
and on site sewage system which will be subject to state
and county health regulations.
Item F, access to the church will be through Cardinal Road,
and the applicable William Bridges overlay and standards
including parking, drainage, and accessibility standards
will be subject to the federal, state, and county regulation.
Item G, the church poses a minimal impact on traffic
lightly, with light daily short term volume
surges during off peak hours with outreach events.
Item H, the screening and buffering
will be evaluated at the time of site development.
Item a-- item I, the signage and exterior lighting
will have permanent review.
Item j, the proposal of the church by conditional use permit
is subject to -- subject to district regulations.
Item k, the 2025 policy, f l .01.02 B permits community
facilities and the medium residential land use element,
and the objective F l .01 provides
that the church is compatible with surrounding land use.
As community land development.
In conclusion, staff find the requested action
to be consistent with the conditional review use material
of the Land Development Code.
And staff recommends approval of conditional use 2026-002
for conditional use permit pursuant to section 22.03
subsection K. For a church in the Open Rural Zoning District
subject to the following conditions.
One, the rights assigned by this order shall run with the land,
and two, the applicant shall undergo review
by the development Review Committee and receive approvals
for all site improvements not limited to parking landscaping,
public facilities and service ratio ,
in the roadway and drainage standards of ordinance 99-17.
I'm happy to answer any questions you have.
>> Thank you.
We will now call the applicant up for for the presentation.
Is the applicant present?
Please come up.
>> If you'll just state the name for the record and address.
If you wish to rely on staff's recommendation,
you may waive your presentation.
>> The address for the church?
>> That will be sufficient.
>> 864114 Cardinal road (indistinct)
>> Do you wish to give us a presentation?
>> Thank you for working and God bless you everybody.
>> Thank you sir.
>> We will now call to the podium those who have made
a public comment card to speak on tab B.
I do have one comment and that would be from Mr. Harper.
>> Good afternoon.
>> Do you swear and affirm the testimony you're about to give
is the truth?
>> I do.
>> Will you state your name and address for the record
>> John Everhart senior, 8609 Lithuania Lane and Uihlein.
I live off of Cardinal.
Athena is my private road, and we get a lot of traffic
through there.
We got people coming and they get off on William Burgess
and come through that way to get away
from that railroad track holding you up quite a bit.
We've now got a yellow stripe that the county just
added this week, and we've got speed bumps.
But we've got people coming through there
to take a shortcut, and also if you go across the railroad
tracks, you're gonna go to Hart's Road
and go down to Cardinal and if you
want to make a quick turnaround, you
can go back to Harkes or down Cardinal.
We do have quite a bit of traffic.
And it's pretty much all the time.
My question is is this just going to be a church?
I've heard rumors that they're going
to have people living there.
And if they're living there, that's not a church.
That's apartment complexes.
And I'd like to see that get cleared up tonight.
Anyway, I've said my piece so thank you.
>> Thank you, sir.
We now call Courtney Burns.
>> Do you swear your testimony is the proof in all truth?
>> My name is Courtney Burns, 86465 Cardinal Road.
After reviewing the conditional use application submitted,
I have several questions regarding the application
and staff report.
The application instructs the applicant
to provide as much detail as possible, however,
much of the application lacks the information
necessary for the board to fully appreciate the request.
Question for ask for conditional use of what is requested.
The applicant's entire response is church religious purposes.
Can the applicant provide additional details?
Will this property be used only for regularly scheduled worship
services, or will it also include
activities such as a daycare, preschool, food pantry,
weddings, funerals, revival meetings, special events,
or community outreach?
On page seven, answers A through K
are answered with only yes or no with no supporting information.
Because they require basically no information,
I question how the staff report can
conclude that the conditional criteria have been satisfied.
Question a addresses compatibility
with surrounding usage.
This has only occurring during off peak hours.
How is that determined?
It may be industrial, but compared
to the residential use on Cardinal Road,
it represents a substantial change.
The proposed use is more traffic,
and noise that does not currently
exist in this residential area.
What does the county consider off peak hours?
Many church activities occur during evenings and weekends
when families are outside walking,
children are riding bikes, and residents are utilizing
Cardinal Road for recreation.
Cardinal Road has no sidewalks, and only limited shoulders,
raising legitimate pedestrian safety concerns.
Question F and G address roadway adequacy and drainage.
The staff report concludes the property
will meet roadway standards.
Has the applicant submitted a traffic impact study?
How many vehicle trips are inspected
during regular services or special events?
Has the county engineer determined
that Cardinal Road can safely accommodate anticipated traffic?
Has fire and Rescue reviewed the proposed site
to ensure emergency access is adequate?
I also asked the board to consider the neighboring home
impact.
Regarding drainage, the property is currently wooded.
How much impervious surface is proposed?
Will the site be filled before construction?
Has any analysis been completed to determine
whether stormwater runoff will affect neighboring homes?
Question I addresses exterior lighting.
Although any lighting may comply with county code,
there's currently no streetlights.
Even shielded lighting will address artificial light
into an area that is currently rural and dark.
Has that impact on homes been evaluated?
I just want to be clear that my concerns are not
about the religious nature of the application,
but whether the location is appropriate for institutional
use and whether the evidence required to confirm
has been provided.
>> Thank you.
Next I will call James Thompson.
>> Good evening.
I am James Thompson.
I appreciate you taking the time.
>> We need to swear you in real quick sir.
>> Do you swear that the testimony you're about to give
is the whole truth and nothing but the truth?
>> I appreciate the jobs that you all do.
I was in public for a long time so I know what it's like.
But I do appreciate it.
I live at Cardinal Road, and this
will impact the area that I live in,
and it's right down the street from me.
I'm not opposed to anything God is building
and I want to say that right up front.
What I am opposed to is if it will stay zoned for churches
only.
Is somebody going to you open a pig farm right down the road
from me?
Those are my concerns.
I know several residents in here as well
that have the same concern.
I ditto everything that Mr. Burns said.
I thought she had a great presentation
and I wish I would have had time to look up and see.
I see how these things impact emergency services
and you know that as well.
What I ask now is that you take this into consideration
of things that she brought to your attention,
and can these be changed in something else be built there?
I don't know anything about this particular church group and I
have nothing about -- nothing against God,
and I'm all for church, but what can they do there?
The Pentecostals have all kinds of different things,
and I know that.
Good and bad.
So keep that in mind as well.
But how is it going to impact our neighborhood?
I'm not in favor of it.
And I think it was going on one of y'all's roads,
you would have the same things to be concerned about.
Think about that.
Thank you so >> Appreciate it.
Thank you Mr. Thompson.
Call for Barry Woods.
If you will please step forward and get sworn in.
>> Do you swear this is the truth and nothing but the truth
so help you God?
>> Yes Ma'am.
My name is Barry Woods and I live at 86125 Cardinal Road,
and I'm probably part of the reason why a lot of these people
are here today.
I worked in construction since I was a kid,
so I know a lot about development,
and one of the things that really concerns me is I
ran a feasibility study of this land use,
and they used environmental impacts,
because our neighborhood is flooded with deer and gopher
and turtles everywhere and they're an endangered species,
so how would this impact that?
Churches now have a lot of powers with religious land use
and institutionalized people, in which it becomes a church,
there's powers above what the board
is allowed to hear and allow peer community churches do
this as a flip for profit.
The church that they're having currently was purchased
for $130,000 in 2015, and currently the price
of the property is $2 million.
So they got $1.9 million windfall off the sign
of it being conditional use.
The same property would be impacted in our neighborhood
the same way.
So all these things are -- besides all the points that
everybody has brought up, there's many other things that
this could be and it's not particularly explained
perfectly.
I don't want our county being corrupt.
I think it will have a huge impact on this neighborhood
and I hope y'all deny it.
Thank you very much.
>> We will now call Mr. Lawrence France.
>> Do you swear in affirm that this is the truth the whole
truth so help you God?
Will you state your name and address for the record?
>> My name is Lawrence France and I live on Cardinal Road.
I've been there since June of 89.
It's been a residential area the whole time.
Until just recently.
Now on Dove Road and Cathy Road, there is a dump
Trump double Dutch dump truck company,
an all day long we have these dump trucks lumbering
up and down the road.
There's another commercial property there that y'all have
recently approved.
The church in the area --
I don't think it's a good idea.
Like Kathy Burns said, the lighting
would be terrible for it, and I don't need all the traffic
up and down there.
We had a lot more traffic when you rerouted
William Burgess for a while.
That was terrible in our neighborhood.
And I don't think a church is gonna help anymore.
Also, I'm not against churches, but I
think they should be in a commercial area and not
in a residential area.
That's pretty much all I have.
>> Thank you sir.
That is all the comment cards I have
for tab B. I want to make sure I'm not missing anybody.
If you'll bring that over to the court please sir.
>> Do you swear or affirm that the testimony you're about
to give is the whole truth and nothing but the truth so help
you God please state your name and address for the record
please.
>> David Kennedy, 86023 Cardinal Road.
This is my first meeting ever.
I don't really come to these things.
I'm actually new to the area and I've known --
owned my house for about two years now.
I moved there for my daughter who is nine,
and it was a nice quiet neighborhood
until about six months later when you guys built the thruway
that the previous speaker talked about that
built a ton of traffic through that area.
Right where my daughter rides her bike and her scooter
and plays outside, and all of my neighbors who have children
are the same.
For months and months, we were told over and over again that
the roundabout was delayed and delayed ,
and people came through that thruway until 2 or 3
in the morning blasting music and speeding and doing things
that make me concerned for my daughter's safety.
Whenever you bring people from outside our community
into the community, I believe it's
proven that crime and other things can go up.
We don't know who would be going to this church,
but from what I've understood, it doesn't seem like they have
very good numbers as far as understanding what
the appearance --
attendees would be and what traffic
would be like and what time they would be open till.
It doesn't sound like there's been really any for that
into how this property would be used.
I don't know if I'm allowed to ask a question
and be allowed to get an answer.
But if this is zoned, does that remain a commercial property
forever?
>> Mr. Chair, may I?
This is not a rezoning.
Conditional use is a use that has
been identified as a proper use within its current zoning
district.
With certain conditions and limited number and location.
So that's what's being approved is conditional use.
And to answer another question or concern
from earlier, the conditional use is for church only.
No other use, conditional or not.
Can be approved there without being back before this board.
And there's a list of permitted uses
that are by right that anybody can do on the land.
The conditional uses have been identified as appropriate
for this zoning district when they have conditions
such as has been raised by staff tonight and approved
by this board.
It's not commercial at all.
It doesn't change your zoning district at all.
>> Well I've known churches to have farmers markets and giant
events and funerals and weddings and all sorts of things that
just because they're at church, they're operating
as a commercial property.
They have enough people to be in a commercial property.
>> No sir, they are not acting as a commercial.
It doesn't mean they're protected forever.
Please no talking.
It means we can't place undue restrictions on religious use.
It is religious use, and that is not
in our definition or the law a commercial use.
>> I understand that and maybe that's strictly
because they're not paying taxes or making money off the people
that are coming in, but my point is it still has an impact
to the community, and it has an impact to my daughter
and the house that I just bought.
So in my opinion, I don't really understand why it would even
be warranted to put it there.
It's a residential area so I don't know why there's a church
-- there's a church right down the street.
So that's what I think and thanks for listening.
>> Thank you sir.
>> I would normally ask for cross examination or rebuttal,
but I'm not sure -- we will do this last one.
>> Do you swear the testimony you're about to give is
the truth and nothing but the truth?
Please state your name and address for the record.
>> My name is Beth Peshek and I live at 86342 Cardinal Road,
which is directly parallel from the power lines from it.
My big concern is the size of the road,
and like everyone has discussed here, the traffic coming through
here, because it has exponentially
increased in the 12 years since I bought their.
It's just a lot of -- the privacy and the in, and like I
said when they did the roundabouts from William Burgess
as a Thruway, it was all the time, and there's not the 35mph,
and you really have to go slower to get two cars through there
now, so my concern is just all that traffic that's already been
there.
Any other concerns, that's my main one.
So thank you.
>> Thank you.
>> So normally with a cross-examination,
we would do that with the -- >> If you wish to actually address
any of the concerns tonight, Mr. Applicant,
you are quite welcome to address or rebut any of the evidence
presented.
>> Good afternoon.
I Kayla Thompson.
>> Do you swear or affirm the testimony you're about to give
is the whole truth and nothing but the truth?
>> Yes.
Mr. Santana has limited English proficiency,
so I'm just here for translating if there are any questions.
English
>> So the church is not trying to create any problems
for the community.
The church is to heal the community.
The building is inside of the property ,
like any other house or residence.
So pretty much the same driveway entry you have for a house
is what you would expect when you drive up to the church.
According to the regulations , the church has people that
control the traffic.
To avoid any problems.
The church is a private property like any other house
or residence or place.
And what they're doing in the building
is part of any church function.
The construction of the church won't
impede any form of traffic or anything in the community.
So the church did not present -- the building of the church did
not present any problems for the community.
What they're going to do is for the people who have problems
with the construction of the church -- before they begin ,
the church is pretty much to heal people once again.
And the church is for the well-being of the community.
So there aren't any alcoholics, no drug addicts,
and so the people change for the good.
>> Can you ask him what would be the primary days of operation
for that church?
A lot of churches are basically Wednesdays and Sundays
and limited activities through the week.
But what would be the primary days in that community
that that church would be in operation?
>> And their church and service time.
>> Said Thursdays and Sundays --
Thursdays from 7 to 9 p.m.
And Sundays from 12 to 4 p.m.. --
2 to 4.
It's a rented place.
So the place that they have currently is rented
and they're trying to build this place so that they
can hold their services better.
Especially for the Hispanic community.
>> We don't think it will be a lot of traffic.
I understand the concern, but really as a community,
we are very quiet, and we follow the rules,
and also, we try to respect people.
If I know the neighbors across, we
are not people who will make big loud parties and music.
We always respect people and -- it's not like we want to go
and change it -- like a family.
We're not going to do crime like I heard somebody say --
every Sunday we have a meeting and we follow the traffic and we
make sure that nobody is around the area when we go out.
We have been for years in the church in renting
and we don't have any problems.
We don't have any problems with the neighbors or the people
that go by.
And thank you very much and I think
that will be a good thing for our community.
Because our neighbors and families
need God and our meaning is for good
in changing their lives for good.
God bless you.
>> I think we might have a few more if we could just go ahead.
I have a couple really quick if you could ask.
Do you know if they have plans on having a preschool
or anything like that?
Or any living quarters for a pastor
or assistant pastor or anything like that?
Do they have plans for that?
>> Our plans in the future are not for housing or schooling.
It's just for church come on Monday come
on Wednesday come on Sunday.
No Preschooling or housing is in our budget.
>> And if you'll just wait there for one more question.
If that was to change and they were
going to put housing there or anything,
would that end up being in the code enforcement issue?
>> It would, but I would defer to planning that, as you said,
a rectory or pastor is a supplementary use as there
within conditional use as.
That would be to allow a pastor to live on site.
It would not allow for rental housing for anybody else.
>> Just the pastor and immediate family?
>> Correct.
But no daycare.
That would have to come back before you.
This is church services and potentially if a pastor
needed to live on site as a rectory,
that would be allowed as a supplementary or accessory use.
>> I wanted to ask that for me and I think Mrs.
Burns was also asking along those >> To add to that
in article 32 -- >> Do you swear and affirm that the testimony
that you are saying is the truth?
Say your name and address.
>> I'm from the planning department.
To refer you to article 32 from the Land Development Code,
the devastation of a church is a building --
the definition of a church is a building with established
religions as a place of worship.
Such building may include but is not
limited to a residential area for the pastor
or resident of the sect, educational facilities,
and other structures.
>> But notably, not child care.
>> And through the chair, on the conditions of approval,
is this rooms with the land.
Is that correct?
Which means it doesn't change to come into effect here.
>> Correct, and to remind you all,
conditional uses as a starting point don't run with the land.
There are only specific times that we
can allow that to happen.
Cemeteries are a conditional use,
but we don't expect them to give up their land.
Here they are going to build an actual structure.
Should they ever abandon your, it cannot be anything
but a church.
When it runs with the land, we will file that
in the Clerk of courts so that's the only conditional use that's
allowed there.
>> And therefore it will be a restriction?
>> Innocence, yes.
>> So this usage is if the county VOC accepts it
or whatever the case may be?
It runs with the land for now.
>> This does not go to the board of County Commissioners.
It's filed and will be filed at the property itself.
Does any other member have questions before we move on?
Thank you very much.
>> I have a question for staff.
Elizabeth, would you clarify or --
I know staff said, but if you could
verify that all of the building restrictions
as far as traffic study, buffering, landscape,
or environmental will be done at the time?
>> As you just stated and is in the conditions,
this is just the first step in the approval process
for the church.
If approved, the applicant will be
required to come back and go through the site engineering
process and have a submittal application
process with the Developmental Review Committee.
After that they submit plans.
We do have in the room somebody with developmental services
engineers stormwater as well, but they will review it
at that time so that all the drainage and stormwater
requirements are ensured to be met,
and buffering and screening requirements,
and they will have complimentary land use
buffers to the north, east and south of the property,
and along the frontage of the property
they will be required to have a perimeter landscape strip,
and that consists of canopy trees, understory trees,
and shrubbery within a defined distance.
Environmental review, so tortoises are protected status
in the state of Florida and it's illegal to destroy a burrow
or relocate gopher tortoises.
You have to go through the appropriate channels for that.
There's wetlands on the site.
If they do not mitigate against the wetlands,
they have to maintain offers and cannot build on wetland system.
If there's any flood, or special flood hazard area,
they would have to maintain a 60% open space on the site.
Additionally there in the William Bridges district
overlay, so they do have to adhere
to the design regulations that are in the William Burgess
District blueprint.
The context and Connectivity blueprint.
So they will have architectural standards for transparency,
windows, and more elevated standards
than what the current buildings had to comply with in that area.
And since they're in the William Burgess district,
they do have to adhere to dark sky friendly lighting.
So it will be downcast and there can be no lights
village on adjacent properties.
They have to submit a plan showing
they're not having that light spillage on adjacent properties.
>> Thank you.
>> Can I have a follow up question?
This was just clarify something that she answered that I asked.
She said that before site work is
done that it will be evaluated for stormwater
drainage and that type of that type of thing.
There were multiple deliveries of rock and dirt delivered
to the site today.
So the studies have to be done before work can start
and those types of things start being delivered?
Because there were multiple dump trucks in and out
of the site today delivering those types of items.
>> To respond to that, Katie P, our stormwater director is here
in the room.
So she and her staff can definitely follow up on that.
>> If you believe that a violation has occurred.
>> If we haven't established the stormwater,
what runoff will happen with site build in that type of thing
to the property?
Like I say, multiple dump loads full of rock and gravel
were delivered today.
>> Mr. Chairman?
>> Do you swear and affirm the testimony you're about to give
is the truth and whole truth so help you God?
>> Katie P, stormwater and drain management director.
As far as fill being brought in, that is regulated through G c --
DRC.
If we know that's going through DRC,
that's regulated through our developmental Services
department.
We do have old typography that we
can look at if dirt was spread prior that we haven't had before
and after, but we can definitely follow up on code enforcement
if that's something that needs to be addressed at this time.
>> Just a follow up Question, would you require them to change
it?
I'd like to remove the dirt that was put prior to removal
back to its previous topography?
>> Correct.
For the stormwater drainage, they have to meet our review.
>> And inspections are done throughout?
>> Correct.
>> Are you familiar with this parcel?
>> I did look at it prior to this meeting.
>> Are there wetlands on it?
>> They have not been officially delineated.
>> Thank you do we have any final comments from staff?
>> Not unless you have any additional questions.
>> I just want to make one comment,
and I think this is the right way to look at things that come
before us.
It is a sequential process, and just becomes someone comes
before this board -- if it is a yes ,
that does not mean that that individual or entity can go do
what they want to do.
I'm pleased that we have a process in this county that is
sequential, and the Development Review Committee is checks
and balances and I've seen it work ,
and these things will be addressed at the next level.
What we're dealing with is property rights.
Do we have any other board questions from anyone?
>> To piggyback on my fellow board member,
we take it to heart that what we're deliberating is the law.
The process that follows this is an open invitation to pain
if you haven't been through the DRC, you should try it one time.
They will make you deliver on every single aspect and land
development code.
So this has to do with private property rights and the law,
which we're here to deliberate, and appreciate the comments,
but I have a whole string of notes here of speakers
in their comments which I think must have been answered by staff
or our county attorney.
So I'm very happy that there is a deliberate process
as my fellow board member said that follows this.
It's an open invitation to pain.
If you haven't tried it, go through it,
but I applaud staff for the recommendation.
>> Public hearing for Tab B is closed.
Do we have any board deliberation?
I will entertain a motion for approval or denial of see u
206-002.
>> Mr. Chair, based upon the record evidence and testimony
received, I find that there is competent and substantial
evidence pursuant to the Land Development Code section 22.03 K
and section 5.0 4k --
A through K, conditional use reveal criteria,
and therefore my motion is to approve
CU2026-002, subject to conditions contained
within the staff report.
>> Motion made by board member Morriss and seconded by Hinson.
Call the vote.
>> Hodges, Hinson, blue, Morris, Valenta, and cherry Erickson.
The motion carries.
>> Regarding Tab, does any member have ex communication
to expose?
Please identify the documents being placed into the record.
>> Application for rezoning nine pages, staff report six pages,
and Nassau County business impact estimate two pages
in staff presentation 12 pages.
>> Thank you.
I'll entertain a motion to accept
the motions into documents for tap C. Motion is seconded.
All in favor say I. All opposed say nay. >> The floor now
open for public with Tab C. begin with staff presentation.
>> you swear or affirm testimony you're about give is the truth
the whole truth nothing but the truth?
I do.
>> your name for the >> Will writer, Department.
This is a to rezone approximately and a half acres
from commercial intensive to transect based zoning district,
urban transitional zone T 3.5.
This is the accompanying rezoning application
to the comprehensive Plan Amendment application
that you heard prior.
Would you like me to proceed sir?
I appreciate your attention.
The owner is Judith Turner Ellie and Nassau
County is serving as the agent.
Again, this may look familiar to you
tonight or previous to tonight, where
we have a vacant property at the corner of SR 200 and Harry
Green.
It's outlined in red and about a quarter mile
from SR 2200 section.
This is the design overlay regulating map, otherwise known
as flume 11.
And you can see that the request to rezone it
corresponds with this zoning district and future land use map
designation.
Current land use is commercial for recommendation
previously to change that land use designation to T-1-5.
Your recommendation to rezone this to T3-0.5 would make it
consistent with the recommendation you gave earlier.
Now a quick look at the permitted uses
is it allows single family or multifamily townhouses,
hotels, and mixed use resorts.
The key here is as a minimum residential requirement
of five units per acre, with a maximum of ten.
You can also develop it with offices,
and each type of officer as you can
see on this slide, and service establishments
and basic commercial uses like retail restaurants
and supermarkets and that sort of thing.
Also public and quasi public uses and education facilities .
Like the list you entertain tonight
like venues and automated drive thru facilities.
It's consistent with a comprehensive plan.
It's designated T3-5 on the future land use
map which is an element of the Comprehensive Plan.
It's intended for this type of development
and it allows mixed use residential use, and it
it's designed to promote the compact development
that we're looking for and there's public sewers available,
and I already mentioned it being an infilled opportunity.
Can enable the extension of SR 200 intersection,
all of which are as low -- labeled T3-5.
And it's consistent with the zoning that we just mentioned,
and it's compatible now with commercial land use designation
and commercial intensive zoning, but will be as well if both this
and its accompanying application and it's
consistent with the comprehensive plan.
I think most of all these were discussed
when we looked at the map and we talked about the consistency
with comprehensive plans.
We find it's consistent with the comprehensive plan and the Land
Development code.
>> Thank you.
And I have no public comment cards for Tab C.
Do we have any cross examination or rebuttal quotes
any final comments from Staff?
Any more questions from anyone?
Public hearing for Tab C is now closed.
Do we have any final board deliberation?
I will entertain a vote for this ordinance.
>> Mr. Chairman, previously I made the motion earlier
for the flow of this, and I want to make the recommendation that
based upon the record evidence and testimony received,
I find that there's competent and substantial evidence
pursuant to these policies and policies 0806828 of the Nassau
Comprehensive Plan in section 5.02 section C and section 5.02
D, one through eight of the Nassau County Land Development
Code, and therefore my motion is to recommend approval
of our 26-007.
>> Motion made by board member?
Seconded by Doctor Blue.
County Clerk, please call the vote.
>>?
Morris?
Blu?
Van dike?
Hanson?
And board member Hodges?
Chair Ericksen?
That's Seven Eyes and Zero nays.
It carries.
>> Do we have any general public comments?
Do we have any further board business?
Our next meeting will be September 1st?
Have a good night.