1 00:01:52,766 --> 00:01:53,499 Good evening. 2 00:01:53,499 --> 00:01:55,286 Let us come to order. 3 00:01:55,286 --> 00:01:58,570 Welcome to the Nassau County Planning and Zoning Board 4 00:01:58,570 --> 00:02:00,771 meeting for August 4th 2026. 5 00:02:00,771 --> 00:02:04,766 Copies of tonight's agenda are available in the media table. 6 00:02:04,766 --> 00:02:10,320 Please come forward and obtain a copy if you wish. 7 00:02:10,320 --> 00:02:14,832 Please stand for the prayer and remain standing 8 00:02:16,662 --> 00:02:19,460 for the Pledge of Allegiance. 9 00:02:19,460 --> 00:02:20,600 >> Let us prayer. 10 00:02:20,600 --> 00:02:25,438 We pray and thank you for this new month 11 00:02:25,438 --> 00:02:27,748 that that you allowed us to see. 12 00:02:27,748 --> 00:02:30,638 With all of us we pray for all of our schools and pray 13 00:02:30,638 --> 00:02:33,714 for our school leaders and teachers and staff, 14 00:02:33,714 --> 00:02:38,826 and we pray for a safe school year and a successful school 15 00:02:38,826 --> 00:02:39,396 year. 16 00:02:39,396 --> 00:02:41,814 We pray for this board meeting tonight 17 00:02:41,814 --> 00:02:46,459 that God you would grant this board wisdom and knowledge 18 00:02:46,459 --> 00:02:48,166 and understanding. 19 00:02:48,166 --> 00:02:51,126 We pray for the staff and we pray for those 20 00:02:51,126 --> 00:02:53,518 that we are privileged to serve. 21 00:02:53,518 --> 00:02:56,716 And we pray most of all that this meeting tonight will 22 00:02:56,716 --> 00:03:01,960 be conducted in a manner that would be pleasing in your sight 23 00:03:01,960 --> 00:03:04,696 and be considered respectful common decent, 24 00:03:05,506 --> 00:03:08,406 and it's in your precious name we pray. 25 00:03:08,406 --> 00:03:09,286 Amen. 26 00:03:09,286 --> 00:03:14,800 I pledge allegiance to the flag of the United States of America 27 00:03:14,800 --> 00:03:20,726 and to the Republic for which it stands one nation under God, 28 00:03:20,726 --> 00:03:24,326 with liberty double indivisible with liberty 29 00:03:25,446 --> 00:03:27,846 and justice for all. 30 00:03:34,706 --> 00:03:36,206 >> Madam clerk please call the roll. 31 00:03:36,206 --> 00:03:39,806 >> Hodges, blue, Morris, board member Valenti, 32 00:03:41,626 --> 00:03:43,626 and chair Erickson. 33 00:03:44,552 --> 00:03:46,206 >> Here. 34 00:03:46,206 --> 00:03:48,286 >> Tap A is a legislative hearing. 35 00:03:48,286 --> 00:03:51,346 County attorney, please read the procedures. 36 00:03:51,346 --> 00:03:52,796 >> Thank you Mr. Chair. 37 00:03:52,796 --> 00:03:54,830 The following item is a legislative item 38 00:03:54,830 --> 00:03:58,520 that is tab A. These procedures are in place to give all that 39 00:03:58,520 --> 00:04:01,886 wish to speak for or against an item the opportunity to do so. 40 00:04:01,886 --> 00:04:05,286 Those wishing to speak in favor of or against the item 41 00:04:05,286 --> 00:04:08,960 being considered will have three minutes to address the board, 42 00:04:08,960 --> 00:04:10,694 and all statements should be addressed to the board 43 00:04:10,694 --> 00:04:14,126 only, and address only the item under consideration. 44 00:04:14,126 --> 00:04:17,346 Speakership not in double Dutch speakers 45 00:04:17,346 --> 00:04:19,586 should not engage in attacks on other speakers 46 00:04:19,586 --> 00:04:21,699 or board members please begin by stating your name 47 00:04:21,699 --> 00:04:23,366 and address for the record period please 48 00:04:23,366 --> 00:04:25,533 do not be repetitive or restate the same information 49 00:04:25,533 --> 00:04:26,566 as previous speakers. 50 00:04:26,566 --> 00:04:29,866 Sharing or transferring of time is not allowed. 51 00:04:29,866 --> 00:04:33,142 Clerk will control the time allocated, again 52 00:04:33,142 --> 00:04:34,466 is three minutes. 53 00:04:34,466 --> 00:04:38,666 Any speaker with documents or presentation -- 54 00:04:41,219 --> 00:04:45,326 as part of the presentation should put it to the clerk. 55 00:04:45,326 --> 00:04:48,686 The meeting is being recorded so please no applause or outbursts 56 00:04:48,686 --> 00:04:50,921 because it does distort the recording. 57 00:04:50,921 --> 00:04:52,765 The board will close the public hearing 58 00:04:52,765 --> 00:04:55,486 and may ask questions of speakers or staff 59 00:04:55,486 --> 00:04:58,262 and then deliberate and vote on the item before them. 60 00:04:58,262 --> 00:05:00,262 Mr. Chair? 61 00:05:00,806 --> 00:05:01,371 >> Thank you. 62 00:05:01,371 --> 00:05:07,398 The floor is now open for public discussion for Tab A , 63 00:05:07,398 --> 00:05:11,598 so begin the presentation. -- staff presentation. 64 00:05:20,260 --> 00:05:23,286 >> Good evening, board members, I am Will Ryder of the Planning 65 00:05:23,286 --> 00:05:23,786 Department. 66 00:05:23,786 --> 00:05:25,926 Let me get this full size there. 67 00:05:25,926 --> 00:05:31,326 This is a request -- >> Let me change it. 68 00:05:57,469 --> 00:05:59,886 >> This is a request to amend the commercial land use from 69 00:05:59,886 --> 00:06:04,860 commercial to transect based zoning district T 3/5. 70 00:06:04,830 --> 00:06:08,140 The owner is Judith Turner, L, and Nassau County 71 00:06:08,140 --> 00:06:09,286 is serving as the agent. 72 00:06:09,286 --> 00:06:14,686 To your left we have flume 11, future land use 73 00:06:14,726 --> 00:06:17,126 map 11, the regulating map. 74 00:06:17,846 --> 00:06:20,702 You can see on the right that the property is currently vacant 75 00:06:20,702 --> 00:06:23,866 and Becca Richard -- back over to the left, 76 00:06:23,866 --> 00:06:26,241 I blew this up a little bigger so you can see where it is 77 00:06:26,241 --> 00:06:27,966 in relation to the 200 corridor. 78 00:06:27,966 --> 00:06:33,512 It's about a quarter of a mile east to the Fillmore and Minor 79 00:06:33,512 --> 00:06:34,262 Road intersection. 80 00:06:34,262 --> 00:06:39,662 You can see the request is T dash 3-5. 81 00:06:39,766 --> 00:06:42,758 This is a accompanied by a application 82 00:06:42,758 --> 00:06:45,859 to rezone it to 3.5 later in the meeting period 83 00:06:45,859 --> 00:06:48,838 and this is the Urban Transitional zone, 84 00:06:48,838 --> 00:06:53,336 and if you imagine, I know you all are familiar with us 85 00:06:53,336 --> 00:06:55,912 17 intersection further to the west. 86 00:06:55,912 --> 00:06:58,312 That's an urban zone. 87 00:07:00,190 --> 00:07:03,990 So this is the transitional zone leading up to that. 88 00:07:03,990 --> 00:07:07,806 Current land use is commercial, and the current zoning is 89 00:07:07,806 --> 00:07:12,998 commercial intensive, and again, the request is to change it 90 00:07:12,998 --> 00:07:14,310 to T-3.5. 91 00:07:14,310 --> 00:07:16,886 Its consistency with the comprehensive plan. 92 00:07:16,886 --> 00:07:20,900 It's an infill development, and we'll 93 00:07:20,900 --> 00:07:21,592 talk about uses later in the rezoning, 94 00:07:21,592 --> 00:07:24,262 but their appropriate to mention here as well. 95 00:07:24,262 --> 00:07:28,400 It's an opportunity that allows a mix of uses. 96 00:07:28,400 --> 00:07:30,406 There is a minimum residential requirement 97 00:07:30,406 --> 00:07:35,354 of five units per acre, and a possibility of a max of ten. 98 00:07:35,354 --> 00:07:41,914 So the most I could get here is 42 dwelling units -- 99 00:07:41,914 --> 00:07:44,584 or that's the minimum is 42 dwelling units per acre. 100 00:07:44,584 --> 00:07:46,126 It can also be developed commercially 101 00:07:46,126 --> 00:07:48,260 with some standard commercial uses 102 00:07:48,260 --> 00:07:50,426 like retail and restaurants. 103 00:07:51,146 --> 00:07:53,351 And some office buildings. 104 00:07:53,351 --> 00:07:56,951 Mixed use developments on arterial street. 105 00:07:57,240 --> 00:07:59,116 If you go back to the map you can 106 00:07:59,116 --> 00:08:01,112 remember it's in the orbital transfer zone. 107 00:08:01,112 --> 00:08:03,290 This is an appropriate development requirement 108 00:08:03,290 --> 00:08:05,652 that complies with the regulating map. 109 00:08:05,652 --> 00:08:09,343 It's in a service area, and there 110 00:08:09,343 --> 00:08:12,918 are a lot of words there but per the Growth trends report, 111 00:08:12,918 --> 00:08:17,718 we need houses and jobs for our residents, 112 00:08:18,306 --> 00:08:22,614 so mixed use development enables that type of development 113 00:08:22,614 --> 00:08:26,579 to occur to provide jobs and housing. 114 00:08:26,579 --> 00:08:28,979 Specific traffic impacts purpose. 115 00:08:30,620 --> 00:08:34,310 This will be monitored with the project goes 116 00:08:34,310 --> 00:08:37,578 to the development review committee for the site plan 117 00:08:37,578 --> 00:08:38,780 development. 118 00:08:38,780 --> 00:08:41,592 It adheres to the site development plans of flume 11, 119 00:08:41,592 --> 00:08:44,600 if you remember back to the map. 120 00:08:44,600 --> 00:08:47,606 And as far as compact development, 121 00:08:48,806 --> 00:08:54,206 timber to tides to encourage that type of development. 122 00:08:54,746 --> 00:08:57,706 Staff finds this is consistent with the comprehensive plan 123 00:08:57,706 --> 00:09:00,106 and we recommend approval. 124 00:09:01,179 --> 00:09:03,179 >> Thank you sir. 125 00:09:03,457 --> 00:09:08,617 I have no public comment cards to speak on tab A. 126 00:09:08,617 --> 00:09:14,617 Does any member of the board have questions for staff? 127 00:09:17,366 --> 00:09:21,379 The board is now closed for public discussion on Tab A. 128 00:09:21,379 --> 00:09:23,756 Do we have any further board conversation? 129 00:09:23,756 --> 00:09:28,752 I will entertain a motion to approve or deny tab a. 130 00:09:28,752 --> 00:09:31,766 >> Mr. Chairman, based on the record evidence and testimony 131 00:09:31,766 --> 00:09:34,126 received, we find that the movement is consistent with 132 00:09:34,126 --> 00:09:41,926 policy 01.02 J one policy F oh two, and policy zero two of six, 133 00:09:49,186 --> 00:09:56,600 and policy F m .010 four A through G of the Nassau County 134 00:09:56,600 --> 00:09:58,758 Conference of Plan, and therefore my motion is 135 00:09:58,758 --> 00:10:02,358 to recommend approval of CPA26-007. 136 00:10:11,281 --> 00:10:12,531 >> We have a motion to second. 137 00:10:12,531 --> 00:10:14,239 All in favor say aye all opposed say nay. 138 00:10:14,239 --> 00:10:16,239 Motion passes. 139 00:10:20,865 --> 00:10:22,698 >> Tubs B and C are quasi judicial hearings. 140 00:10:22,698 --> 00:10:22,702 Please read the procedures. 141 00:10:22,702 --> 00:10:23,372 >> Thank you Mr. Chair. 142 00:10:23,372 --> 00:10:24,902 As stated, the following items are 143 00:10:24,902 --> 00:10:27,366 to be heard as judicial hearings. 144 00:10:27,366 --> 00:10:30,366 Those are to consider CU20 26.002, 145 00:10:31,614 --> 00:10:35,294 and the applicant is requesting a conditional use 146 00:10:35,294 --> 00:10:40,398 to allow a church in the open rural or zoning district. 147 00:10:40,398 --> 00:10:44,598 Church of God International Pentecostal Movement Inc. 148 00:10:48,806 --> 00:10:51,206 Samuel agent district three. 149 00:10:55,254 --> 00:11:00,654 Tab C, to consider R-26-007 an ordinance 26-053, 150 00:11:02,226 --> 00:11:07,526 the rezoning of approximately 8.52 acres located in the north 151 00:11:07,526 --> 00:11:11,246 side of State Road 200 between here and Green Road and Peebles 152 00:11:11,246 --> 00:11:12,396 Road. 153 00:11:12,396 --> 00:11:16,596 For commercial incentive to transitional zone T-3.5. 154 00:11:21,286 --> 00:11:26,860 Earner -- owner Judith Turner, agent Nassau County, 155 00:11:26,356 --> 00:11:27,476 district three. 156 00:11:27,476 --> 00:11:30,494 The quasi judicial hearing is different 157 00:11:30,494 --> 00:11:33,290 than a regular hearing conducted by this board 158 00:11:33,290 --> 00:11:36,206 and a quasi judicial hearing is less formal than a court hearing 159 00:11:36,206 --> 00:11:38,766 but similar in its procedure and evidence matters. 160 00:11:38,766 --> 00:11:41,112 Applicants have the burden of demonstrating 161 00:11:41,112 --> 00:11:43,279 competent and substantial evidence 162 00:11:43,279 --> 00:11:46,526 that his or her application is consistent with the following 163 00:11:46,526 --> 00:11:47,110 requirements. 164 00:11:47,110 --> 00:11:51,486 For Tab B, that is land Development code section 165 00:11:51,486 --> 00:11:55,686 22.03 subsection K, and 504 subsections A through K 166 00:11:58,686 --> 00:12:03,583 with the conditional use review criteria for tab C, that 167 00:12:03,583 --> 00:12:07,183 is policy f l .01.02 j one. 168 00:12:07,277 --> 00:12:12,770 Policy f l .02.06 C one, policy f l .02.06, 169 00:12:14,699 --> 00:12:21,886 and policy f l dot 0.06 A through J of the Nassau plan, 170 00:12:21,886 --> 00:12:28,366 and section .502 C and oh two D one through eight of the Nassau 171 00:12:28,366 --> 00:12:29,566 Development Code. 172 00:12:29,566 --> 00:12:31,526 Those opposed must also demonstrate 173 00:12:31,526 --> 00:12:33,926 through competent substantial evidence 174 00:12:34,406 --> 00:12:36,866 that the application does meet these requirements. 175 00:12:36,866 --> 00:12:38,672 While the board welcomes comments 176 00:12:38,672 --> 00:12:41,460 from all who have an interest in these proceedings, 177 00:12:41,460 --> 00:12:43,574 follow the law requires that the board's decision 178 00:12:43,574 --> 00:12:46,952 in a quasi judicial action be supported 179 00:12:46,952 --> 00:12:49,728 by competent evidence presented to the board 180 00:12:49,728 --> 00:12:52,183 during the hearing of the application. 181 00:12:52,183 --> 00:12:54,600 Competent substantial evidence is 182 00:12:54,600 --> 00:12:56,780 evidence which a reasonable mind would 183 00:12:56,780 --> 00:12:58,790 accept as adequate to support a conclusion. 184 00:12:58,790 --> 00:13:01,316 There must be a factual basis in the record 185 00:13:01,316 --> 00:13:04,342 to support opinion testimony from both expert 186 00:13:04,342 --> 00:13:09,142 and non-expert witnesses, and email communications received up 187 00:13:15,389 --> 00:13:16,806 until the time of this meeting are 188 00:13:16,806 --> 00:13:18,965 a part of the public record for the hearing 189 00:13:18,965 --> 00:13:23,486 but are not without competent and substantial evidence. 190 00:13:23,486 --> 00:13:25,976 Applicants are entitled to be represented by counsel. 191 00:13:25,976 --> 00:13:29,576 If they desire, to obtain counsel, 192 00:13:29,742 --> 00:13:31,912 they must make a request to this board. 193 00:13:31,912 --> 00:13:34,152 It will be at your discretion to grant or deny 194 00:13:34,152 --> 00:13:36,814 that request to the hearing procedures will be as follows. 195 00:13:36,814 --> 00:13:40,543 Staff will be sworn in to support the applicant's request 196 00:13:40,543 --> 00:13:42,539 and they will have ten minutes. 197 00:13:42,539 --> 00:13:47,339 The applicants may reside rely on their comments. 198 00:13:48,454 --> 00:13:50,952 They do retain the right to rebut any testimony 199 00:13:50,952 --> 00:13:52,270 against their application. 200 00:13:52,270 --> 00:13:55,526 Do either of the applicants for tonight 201 00:13:55,526 --> 00:13:57,859 wish to waive their presentation and rely 202 00:13:57,859 --> 00:13:59,182 upon staff recommendations? 203 00:13:59,182 --> 00:14:02,939 If so I will need you to come to the podium and state 204 00:14:02,939 --> 00:14:05,339 that for the record. 205 00:14:05,766 --> 00:14:07,780 No one. 206 00:14:07,780 --> 00:14:09,526 The advocate of Representative will 207 00:14:09,526 --> 00:14:12,526 have the opportunity to present evidence for the application. 208 00:14:12,526 --> 00:14:15,416 They will have 15 minutes for that presentation. 209 00:14:15,416 --> 00:14:18,373 Public participants for or against the application 210 00:14:18,373 --> 00:14:20,206 will be sworn in and have three minutes each 211 00:14:20,206 --> 00:14:23,806 to present testimony to the board 212 00:14:23,921 --> 00:14:26,106 with evidence extension of time may only 213 00:14:26,106 --> 00:14:29,598 be granted through the chair and sharing insurance of time 214 00:14:29,598 --> 00:14:31,598 is not allowed. 215 00:14:32,726 --> 00:14:34,952 Evidence for or against the application 216 00:14:34,952 --> 00:14:37,246 will be addressed at the podium in any documents 217 00:14:37,246 --> 00:14:39,493 or photographs must be submitted to the Deputy Clerk. 218 00:14:39,493 --> 00:14:40,910 The documents will not be returned 219 00:14:40,910 --> 00:14:42,853 and they become part of the official record. 220 00:14:42,853 --> 00:14:44,311 The applicant or the representative 221 00:14:44,311 --> 00:14:48,166 will then have a maximum of ten minutes for any cross-exam 222 00:14:48,166 --> 00:14:49,766 or rebuttal. 223 00:14:49,766 --> 00:14:53,490 Staff will have five minutes to provide any comments 224 00:14:53,490 --> 00:14:54,998 to the board. 225 00:14:54,998 --> 00:14:57,816 The board will close the hearing and discuss the application 226 00:14:57,816 --> 00:15:01,646 and may ask questions if applicant staff or witness 227 00:15:01,646 --> 00:15:03,646 about the application. 228 00:15:03,902 --> 00:15:07,384 Any motion of the board must include whether the board member 229 00:15:07,384 --> 00:15:09,551 finds competence in substantial record in the record 230 00:15:09,551 --> 00:15:12,350 or testimony received to support the board's decision to approve 231 00:15:12,350 --> 00:15:14,286 or deny the agenda item. 232 00:15:14,286 --> 00:15:16,654 This meeting again is being recorded, 233 00:15:16,654 --> 00:15:19,326 so please no applause, outburst, or talking. 234 00:15:19,326 --> 00:15:21,386 It does restore the recording. 235 00:15:21,386 --> 00:15:24,590 If there are any questions to these hearing procedures, 236 00:15:24,590 --> 00:15:26,672 please ask them at this time. 237 00:15:26,672 --> 00:15:29,672 Mr. Chair you may continue. 238 00:15:30,600 --> 00:15:31,350 >> Thank you. 239 00:15:31,350 --> 00:15:34,739 Regarding tab, does any member have ex parte communication 240 00:15:34,739 --> 00:15:36,126 to disclose? 241 00:15:36,126 --> 00:15:41,206 Madam clerk, please identify the documents to be placed 242 00:15:41,206 --> 00:15:44,766 into the record for tab B. 243 00:15:44,766 --> 00:15:48,366 >> 002 application for conditional use 18 pages site 244 00:15:49,126 --> 00:15:53,326 plan five pages, staff report four pages, 245 00:16:00,770 --> 00:16:03,228 >> Motion to accept these into the documentation for Tab B? 246 00:16:03,228 --> 00:16:05,486 >> All in favor say aye and all opposed say nay. 247 00:16:05,486 --> 00:16:07,886 The floor is now open for public hearing 248 00:16:07,886 --> 00:16:13,886 on Tab B. We will begin with the staff presentation. 249 00:16:21,240 --> 00:16:23,482 >> Do you swear to tell the truth and nothing but the truth 250 00:16:23,482 --> 00:16:23,486 so help you God? 251 00:16:23,486 --> 00:16:23,534 >> I do. 252 00:16:23,534 --> 00:16:26,306 Catherine Davis, planner two with the planning Department. 253 00:16:26,306 --> 00:16:31,792 Good evening and thank you to board members and the public 254 00:16:31,792 --> 00:16:34,792 for your time and engagement. 255 00:16:41,246 --> 00:16:44,846 Please consider conditional use application 2026-002, 256 00:16:47,112 --> 00:16:52,155 conditional use permit to allow a church in the open Rural 257 00:16:52,155 --> 00:16:52,822 Zoning district. 258 00:16:52,822 --> 00:16:56,960 The owners being the Church of God, 259 00:16:56,960 --> 00:16:58,496 international Pentecostal movement incorporated. 260 00:16:58,826 --> 00:17:02,426 Their agent is Mr. Samuelson -- 261 00:17:05,859 --> 00:17:06,606 Samuel Santana. 262 00:17:06,606 --> 00:17:08,819 This is in Commission district three, 263 00:17:08,819 --> 00:17:14,819 which is located West of highway 17, midway between State Road 264 00:17:16,694 --> 00:17:18,995 200 and William Burgess Boulevard. 265 00:17:18,995 --> 00:17:23,460 On the east side of Cardinal Road. 266 00:17:23,460 --> 00:17:27,846 The Blue star is designation of the location. 267 00:17:32,600 --> 00:17:36,854 The zoning for this parcel and the surrounding area 268 00:17:36,854 --> 00:17:41,666 is an open rural district in the future land use map designation 269 00:17:41,666 --> 00:17:43,946 is medium density residential. 270 00:17:43,946 --> 00:17:48,746 A boundary survey and an early conceptual drawing 271 00:17:50,398 --> 00:17:55,746 of the proposed church was provided in the application. 272 00:17:55,746 --> 00:17:59,556 In reviewing the proposed church regarding inconsistency 273 00:17:59,556 --> 00:18:04,246 with the future land use development and zoning, 274 00:18:04,246 --> 00:18:08,446 pursuant to the Land Development Code 22 dash 275 00:18:11,726 --> 00:18:14,726 zero K. Medium density residential 276 00:18:21,956 --> 00:18:24,956 is compatible with community facilities, 277 00:18:26,206 --> 00:18:28,206 and residential neighborhood. 278 00:18:28,539 --> 00:18:33,939 This subject neighborhood -- the subject property is 3.7 acres. 279 00:18:34,510 --> 00:18:37,659 The church must adhere to the supplementary regulations 280 00:18:37,659 --> 00:18:41,259 in Land Development Code section 22.04 and 22.06. 281 00:18:42,166 --> 00:18:44,860 When submitting their application 282 00:18:44,860 --> 00:18:48,286 for Development Review Committee and site permitting. 283 00:18:49,446 --> 00:18:51,386 The following are included. 284 00:18:51,386 --> 00:18:56,819 The minimum requirements for a church are 150ft lot width, 285 00:18:56,819 --> 00:19:02,819 two acres minimum, for lot area, and the minimum yard 286 00:19:03,486 --> 00:19:05,366 requirements are 35ft for the front yard, 287 00:19:05,366 --> 00:19:08,346 15ft for the side yard, and 25ft for the rear yard. 288 00:19:08,346 --> 00:19:10,950 The maximum building height is 45ft. 289 00:19:10,950 --> 00:19:14,366 The maximum lot coverage for a church is 50%. 290 00:19:14,366 --> 00:19:17,366 The Land Development Code section 291 00:19:18,306 --> 00:19:20,706 5.04 conditional use criteria have 292 00:19:22,286 --> 00:19:26,186 been evaluated to maintain consistency with the future land 293 00:19:26,186 --> 00:19:31,686 use map and zoning, where the Land Development Code allows 294 00:19:31,686 --> 00:19:35,414 a church by conditional use the site development 295 00:19:35,414 --> 00:19:38,686 and will also be reviewed through submission 296 00:19:38,686 --> 00:19:42,166 to Development Review Committee and permit review. 297 00:19:42,166 --> 00:19:46,366 Item a, the church establishment does not 298 00:19:47,706 --> 00:19:51,186 present any endangerment of public health, safety 299 00:19:51,186 --> 00:19:52,526 or general welfare. 300 00:19:52,526 --> 00:19:55,752 Both the Department of Health and the Fire Department 301 00:19:55,752 --> 00:19:58,366 will actively review the site development. 302 00:19:58,366 --> 00:20:02,566 Item B, the development of the parcel 303 00:20:02,982 --> 00:20:04,936 should meet all site and building requirements 304 00:20:04,936 --> 00:20:08,606 in the applicable standards by the state County. 305 00:20:08,606 --> 00:20:14,600 Item C, the approximately 3.7 acre wooded lot on county 306 00:20:16,246 --> 00:20:18,646 maintained Cardinal Road and its rivers 307 00:20:18,646 --> 00:20:23,976 adjacent to an existing utility substation on a ten acre parcel. 308 00:20:23,976 --> 00:20:29,554 Off peak operating hours are expected to minimize the traffic 309 00:20:29,554 --> 00:20:31,954 impact on Cardinal Road. 310 00:20:33,126 --> 00:20:39,126 Item D. The surrounding area shares the same open role 311 00:20:39,626 --> 00:20:43,878 and medium density residential land use map designation. 312 00:20:43,878 --> 00:20:45,836 The proposed church should not impede 313 00:20:45,836 --> 00:20:49,580 the improvement or development of surrounding properties. 314 00:20:49,580 --> 00:20:54,822 Item E, the site is reserved by existing private will 315 00:20:54,822 --> 00:20:58,678 and on site sewage system which will be subject to state 316 00:20:58,678 --> 00:21:00,886 and county health regulations. 317 00:21:00,886 --> 00:21:06,222 Item F, access to the church will be through Cardinal Road, 318 00:21:06,222 --> 00:21:10,686 and the applicable William Bridges overlay and standards 319 00:21:10,686 --> 00:21:13,406 including parking, drainage, and accessibility standards 320 00:21:13,406 --> 00:21:18,366 will be subject to the federal, state, and county regulation. 321 00:21:18,366 --> 00:21:23,426 Item G, the church poses a minimal impact on traffic 322 00:21:23,426 --> 00:21:26,790 lightly, with light daily short term volume 323 00:21:26,790 --> 00:21:31,590 surges during off peak hours with outreach events. 324 00:21:33,966 --> 00:21:37,300 Item H, the screening and buffering 325 00:21:37,300 --> 00:21:40,366 will be evaluated at the time of site development. 326 00:21:40,366 --> 00:21:45,766 Item a-- item I, the signage and exterior lighting 327 00:21:45,966 --> 00:21:47,790 will have permanent review. 328 00:21:47,790 --> 00:21:50,996 Item j, the proposal of the church by conditional use permit 329 00:21:50,996 --> 00:21:55,796 is subject to -- subject to district regulations. 330 00:21:56,654 --> 00:22:02,540 Item k, the 2025 policy, f l .01.02 B permits community 331 00:22:06,296 --> 00:22:10,326 facilities and the medium residential land use element, 332 00:22:10,326 --> 00:22:13,926 and the objective F l .01 provides 333 00:22:15,438 --> 00:22:20,838 that the church is compatible with surrounding land use. 334 00:22:20,982 --> 00:22:23,382 As community land development. 335 00:22:24,912 --> 00:22:29,112 In conclusion, staff find the requested action 336 00:22:29,870 --> 00:22:35,270 to be consistent with the conditional review use material 337 00:22:36,560 --> 00:22:39,560 of the Land Development Code. 338 00:22:39,606 --> 00:22:44,406 And staff recommends approval of conditional use 2026-002 339 00:22:45,706 --> 00:22:49,906 for conditional use permit pursuant to section 22.03 340 00:22:51,254 --> 00:22:56,582 subsection K. For a church in the Open Rural Zoning District 341 00:22:56,582 --> 00:22:59,582 subject to the following conditions. 342 00:22:59,746 --> 00:23:05,199 One, the rights assigned by this order shall run with the land, 343 00:23:05,199 --> 00:23:08,460 and two, the applicant shall undergo review 344 00:23:08,460 --> 00:23:10,934 by the development Review Committee and receive approvals 345 00:23:10,934 --> 00:23:16,334 for all site improvements not limited to parking landscaping, 346 00:23:17,696 --> 00:23:20,696 public facilities and service ratio , 347 00:23:25,692 --> 00:23:29,766 in the roadway and drainage standards of ordinance 99-17. 348 00:23:29,766 --> 00:23:33,886 I'm happy to answer any questions you have. 349 00:23:33,886 --> 00:23:35,886 >> Thank you. 350 00:23:38,126 --> 00:23:43,566 We will now call the applicant up for for the presentation. 351 00:23:43,566 --> 00:23:45,966 Is the applicant present? 352 00:23:57,926 --> 00:23:59,926 Please come up. 353 00:24:18,587 --> 00:24:21,870 >> If you'll just state the name for the record and address. 354 00:24:21,870 --> 00:24:23,400 If you wish to rely on staff's recommendation, 355 00:24:23,400 --> 00:24:26,400 you may waive your presentation. 356 00:24:36,730 --> 00:24:37,323 >> The address for the church? 357 00:24:37,323 --> 00:24:39,723 >> That will be sufficient. 358 00:24:47,409 --> 00:24:49,409 >> 864114 Cardinal road (indistinct) 359 00:25:06,514 --> 00:25:08,222 >> Do you wish to give us a presentation? 360 00:25:08,222 --> 00:25:10,430 >> Thank you for working and God bless you everybody. 361 00:25:10,430 --> 00:25:12,430 >> Thank you sir. 362 00:25:17,192 --> 00:25:19,400 >> We will now call to the podium those who have made 363 00:25:19,400 --> 00:25:21,670 a public comment card to speak on tab B. 364 00:25:21,670 --> 00:25:28,267 I do have one comment and that would be from Mr. Harper. 365 00:25:49,735 --> 00:25:51,190 >> Good afternoon. 366 00:25:51,190 --> 00:25:53,732 >> Do you swear and affirm the testimony you're about to give 367 00:25:53,732 --> 00:25:53,735 is the truth? 368 00:25:53,735 --> 00:25:53,738 >> I do. 369 00:25:53,738 --> 00:25:55,988 >> Will you state your name and address for the record 370 00:25:55,988 --> 00:26:00,188 >> John Everhart senior, 8609 Lithuania Lane and Uihlein. 371 00:26:01,406 --> 00:26:04,406 I live off of Cardinal. 372 00:26:05,494 --> 00:26:09,758 Athena is my private road, and we get a lot of traffic 373 00:26:09,758 --> 00:26:10,814 through there. 374 00:26:10,814 --> 00:26:17,414 We got people coming and they get off on William Burgess 375 00:26:18,510 --> 00:26:20,446 and come through that way to get away 376 00:26:20,446 --> 00:26:23,897 from that railroad track holding you up quite a bit. 377 00:26:23,897 --> 00:26:28,670 We've now got a yellow stripe that the county just 378 00:26:28,670 --> 00:26:31,966 added this week, and we've got speed bumps. 379 00:26:31,966 --> 00:26:33,722 But we've got people coming through there 380 00:26:33,722 --> 00:26:37,176 to take a shortcut, and also if you go across the railroad 381 00:26:37,176 --> 00:26:40,166 tracks, you're gonna go to Hart's Road 382 00:26:40,166 --> 00:26:41,679 and go down to Cardinal and if you 383 00:26:41,679 --> 00:26:43,179 want to make a quick turnaround, you 384 00:26:43,179 --> 00:26:46,326 can go back to Harkes or down Cardinal. 385 00:26:46,326 --> 00:26:49,126 We do have quite a bit of traffic. 386 00:26:49,126 --> 00:26:53,326 And it's pretty much all the time. 387 00:26:54,726 --> 00:27:00,690 My question is is this just going to be a church? 388 00:27:00,690 --> 00:27:01,799 I've heard rumors that they're going 389 00:27:01,799 --> 00:27:02,966 to have people living there. 390 00:27:02,966 --> 00:27:07,726 And if they're living there, that's not a church. 391 00:27:07,726 --> 00:27:09,686 That's apartment complexes. 392 00:27:09,686 --> 00:27:14,526 And I'd like to see that get cleared up tonight. 393 00:27:14,526 --> 00:27:19,326 Anyway, I've said my piece so thank you. 394 00:27:20,206 --> 00:27:21,714 >> Thank you, sir. 395 00:27:21,714 --> 00:27:24,714 We now call Courtney Burns. 396 00:27:43,303 --> 00:27:45,678 >> Do you swear your testimony is the proof in all truth? 397 00:27:45,678 --> 00:27:47,761 >> My name is Courtney Burns, 86465 Cardinal Road. 398 00:27:47,761 --> 00:27:50,526 After reviewing the conditional use application submitted, 399 00:27:50,526 --> 00:27:52,946 I have several questions regarding the application 400 00:27:52,946 --> 00:27:53,846 and staff report. 401 00:27:53,846 --> 00:27:55,256 The application instructs the applicant 402 00:27:55,256 --> 00:27:57,215 to provide as much detail as possible, however, 403 00:27:57,215 --> 00:28:00,286 much of the application lacks the information 404 00:28:00,286 --> 00:28:04,779 necessary for the board to fully appreciate the request. 405 00:28:04,779 --> 00:28:10,731 Question for ask for conditional use of what is requested. 406 00:28:10,731 --> 00:28:13,946 The applicant's entire response is church religious purposes. 407 00:28:13,946 --> 00:28:16,446 Can the applicant provide additional details? 408 00:28:16,446 --> 00:28:20,126 Will this property be used only for regularly scheduled worship 409 00:28:20,126 --> 00:28:21,918 services, or will it also include 410 00:28:21,918 --> 00:28:25,590 activities such as a daycare, preschool, food pantry, 411 00:28:25,590 --> 00:28:28,659 weddings, funerals, revival meetings, special events, 412 00:28:28,916 --> 00:28:30,916 or community outreach? 413 00:28:31,246 --> 00:28:34,589 On page seven, answers A through K 414 00:28:34,589 --> 00:28:39,241 are answered with only yes or no with no supporting information. 415 00:28:39,241 --> 00:28:41,158 Because they require basically no information, 416 00:28:41,158 --> 00:28:43,806 I question how the staff report can 417 00:28:43,806 --> 00:28:46,726 conclude that the conditional criteria have been satisfied. 418 00:28:46,726 --> 00:28:48,806 Question a addresses compatibility 419 00:28:48,806 --> 00:28:50,806 with surrounding usage. 420 00:28:52,446 --> 00:28:57,246 This has only occurring during off peak hours. 421 00:28:57,406 --> 00:28:59,806 How is that determined? 422 00:29:02,196 --> 00:29:05,796 It may be industrial, but compared 423 00:29:06,906 --> 00:29:08,894 to the residential use on Cardinal Road, 424 00:29:08,894 --> 00:29:11,312 it represents a substantial change. 425 00:29:11,312 --> 00:29:14,912 The proposed use is more traffic, 426 00:29:17,462 --> 00:29:19,638 and noise that does not currently 427 00:29:19,638 --> 00:29:21,300 exist in this residential area. 428 00:29:21,300 --> 00:29:23,696 What does the county consider off peak hours? 429 00:29:23,696 --> 00:29:26,856 Many church activities occur during evenings and weekends 430 00:29:26,856 --> 00:29:29,326 when families are outside walking, 431 00:29:29,326 --> 00:29:31,806 children are riding bikes, and residents are utilizing 432 00:29:31,806 --> 00:29:33,526 Cardinal Road for recreation. 433 00:29:33,526 --> 00:29:37,886 Cardinal Road has no sidewalks, and only limited shoulders, 434 00:29:37,886 --> 00:29:40,886 raising legitimate pedestrian safety concerns. 435 00:29:41,126 --> 00:29:45,566 Question F and G address roadway adequacy and drainage. 436 00:29:45,566 --> 00:29:49,166 The staff report concludes the property 437 00:29:49,686 --> 00:29:52,860 will meet roadway standards. 438 00:29:52,276 --> 00:29:55,682 Has the applicant submitted a traffic impact study? 439 00:29:55,682 --> 00:29:57,996 How many vehicle trips are inspected 440 00:29:57,996 --> 00:29:59,906 during regular services or special events? 441 00:29:59,906 --> 00:30:01,506 Has the county engineer determined 442 00:30:01,506 --> 00:30:04,766 that Cardinal Road can safely accommodate anticipated traffic? 443 00:30:04,766 --> 00:30:08,526 Has fire and Rescue reviewed the proposed site 444 00:30:08,526 --> 00:30:12,126 to ensure emergency access is adequate? 445 00:30:12,806 --> 00:30:17,286 I also asked the board to consider the neighboring home 446 00:30:17,286 --> 00:30:18,199 impact. 447 00:30:18,199 --> 00:30:21,856 Regarding drainage, the property is currently wooded. 448 00:30:21,856 --> 00:30:24,421 How much impervious surface is proposed? 449 00:30:24,421 --> 00:30:27,450 Will the site be filled before construction? 450 00:30:27,450 --> 00:30:30,366 Has any analysis been completed to determine 451 00:30:30,366 --> 00:30:33,886 whether stormwater runoff will affect neighboring homes? 452 00:30:33,886 --> 00:30:35,832 Question I addresses exterior lighting. 453 00:30:35,832 --> 00:30:38,726 Although any lighting may comply with county code, 454 00:30:38,726 --> 00:30:40,519 there's currently no streetlights. 455 00:30:40,519 --> 00:30:42,686 Even shielded lighting will address artificial light 456 00:30:42,686 --> 00:30:45,606 into an area that is currently rural and dark. 457 00:30:45,606 --> 00:30:49,806 Has that impact on homes been evaluated? 458 00:30:50,159 --> 00:30:54,398 I just want to be clear that my concerns are not 459 00:30:54,398 --> 00:30:56,666 about the religious nature of the application, 460 00:30:56,666 --> 00:30:59,166 but whether the location is appropriate for institutional 461 00:30:59,166 --> 00:31:03,966 use and whether the evidence required to confirm 462 00:31:04,656 --> 00:31:06,656 has been provided. 463 00:31:19,795 --> 00:31:20,337 >> Thank you. 464 00:31:20,337 --> 00:31:23,937 Next I will call James Thompson. 465 00:31:28,832 --> 00:31:29,499 >> Good evening. 466 00:31:29,499 --> 00:31:29,503 I am James Thompson. 467 00:31:29,503 --> 00:31:29,509 I appreciate you taking the time. 468 00:31:29,509 --> 00:31:29,519 >> We need to swear you in real quick sir. 469 00:31:29,519 --> 00:31:31,246 >> Do you swear that the testimony you're about to give 470 00:31:31,246 --> 00:31:33,446 is the whole truth and nothing but the truth? 471 00:31:33,446 --> 00:31:36,158 >> I appreciate the jobs that you all do. 472 00:31:36,158 --> 00:31:40,352 I was in public for a long time so I know what it's like. 473 00:31:40,352 --> 00:31:43,352 But I do appreciate it. 474 00:31:44,526 --> 00:31:48,110 I live at Cardinal Road, and this 475 00:31:48,110 --> 00:31:49,860 will impact the area that I live in, 476 00:31:49,860 --> 00:31:51,926 and it's right down the street from me. 477 00:31:51,926 --> 00:31:55,696 I'm not opposed to anything God is building 478 00:31:55,696 --> 00:31:57,608 and I want to say that right up front. 479 00:31:57,608 --> 00:32:01,570 What I am opposed to is if it will stay zoned for churches 480 00:32:01,570 --> 00:32:02,700 only. 481 00:32:02,700 --> 00:32:09,460 Is somebody going to you open a pig farm right down the road 482 00:32:09,460 --> 00:32:10,678 from me? 483 00:32:10,678 --> 00:32:13,780 Those are my concerns. 484 00:32:13,916 --> 00:32:17,252 I know several residents in here as well 485 00:32:17,252 --> 00:32:19,552 that have the same concern. 486 00:32:19,552 --> 00:32:22,166 I ditto everything that Mr. Burns said. 487 00:32:22,166 --> 00:32:26,246 I thought she had a great presentation 488 00:32:26,246 --> 00:32:30,556 and I wish I would have had time to look up and see. 489 00:32:30,556 --> 00:32:33,326 I see how these things impact emergency services 490 00:32:33,326 --> 00:32:35,257 and you know that as well. 491 00:32:35,257 --> 00:32:38,472 What I ask now is that you take this into consideration 492 00:32:38,472 --> 00:32:41,166 of things that she brought to your attention, 493 00:32:41,166 --> 00:32:45,806 and can these be changed in something else be built there? 494 00:32:45,806 --> 00:32:48,726 I don't know anything about this particular church group and I 495 00:32:48,726 --> 00:32:51,710 have nothing about -- nothing against God, 496 00:32:51,710 --> 00:32:56,876 and I'm all for church, but what can they do there? 497 00:32:56,876 --> 00:32:59,486 The Pentecostals have all kinds of different things, 498 00:32:59,486 --> 00:33:00,812 and I know that. 499 00:33:00,812 --> 00:33:01,912 Good and bad. 500 00:33:01,912 --> 00:33:05,117 So keep that in mind as well. 501 00:33:05,117 --> 00:33:07,514 But how is it going to impact our neighborhood? 502 00:33:07,514 --> 00:33:09,608 I'm not in favor of it. 503 00:33:09,608 --> 00:33:13,126 And I think it was going on one of y'all's roads, 504 00:33:13,126 --> 00:33:15,506 you would have the same things to be concerned about. 505 00:33:15,506 --> 00:33:16,242 Think about that. 506 00:33:16,242 --> 00:33:19,242 Thank you so >> Appreciate it. 507 00:33:28,950 --> 00:33:29,530 Thank you Mr. Thompson. 508 00:33:29,530 --> 00:33:29,570 Call for Barry Woods. 509 00:33:29,570 --> 00:33:29,326 If you will please step forward and get sworn in. 510 00:33:29,326 --> 00:33:31,784 >> Do you swear this is the truth and nothing but the truth 511 00:33:31,784 --> 00:33:32,966 so help you God? 512 00:33:32,966 --> 00:33:33,583 >> Yes Ma'am. 513 00:33:33,583 --> 00:33:36,946 My name is Barry Woods and I live at 86125 Cardinal Road, 514 00:33:36,946 --> 00:33:39,838 and I'm probably part of the reason why a lot of these people 515 00:33:39,838 --> 00:33:40,805 are here today. 516 00:33:40,805 --> 00:33:43,486 I worked in construction since I was a kid, 517 00:33:43,486 --> 00:33:45,170 so I know a lot about development, 518 00:33:45,170 --> 00:33:49,419 and one of the things that really concerns me is I 519 00:33:49,419 --> 00:33:53,712 ran a feasibility study of this land use, 520 00:33:53,712 --> 00:33:56,712 and they used environmental impacts, 521 00:33:58,126 --> 00:34:02,631 because our neighborhood is flooded with deer and gopher 522 00:34:02,631 --> 00:34:05,600 and turtles everywhere and they're an endangered species, 523 00:34:05,600 --> 00:34:06,406 so how would this impact that? 524 00:34:06,406 --> 00:34:10,860 Churches now have a lot of powers with religious land use 525 00:34:10,860 --> 00:34:15,486 and institutionalized people, in which it becomes a church, 526 00:34:19,760 --> 00:34:21,686 there's powers above what the board 527 00:34:21,686 --> 00:34:24,360 is allowed to hear and allow peer community churches do 528 00:34:24,360 --> 00:34:26,436 this as a flip for profit. 529 00:34:26,436 --> 00:34:31,236 The church that they're having currently was purchased 530 00:34:34,286 --> 00:34:37,886 for $130,000 in 2015, and currently the price 531 00:34:40,446 --> 00:34:42,526 of the property is $2 million. 532 00:34:42,526 --> 00:34:46,126 So they got $1.9 million windfall off the sign 533 00:34:46,126 --> 00:34:48,116 of it being conditional use. 534 00:34:48,116 --> 00:34:50,746 The same property would be impacted in our neighborhood 535 00:34:50,746 --> 00:34:52,636 the same way. 536 00:34:52,636 --> 00:34:58,656 So all these things are -- besides all the points that 537 00:34:58,656 --> 00:35:01,390 everybody has brought up, there's many other things that 538 00:35:01,390 --> 00:35:06,190 this could be and it's not particularly explained 539 00:35:07,446 --> 00:35:08,246 perfectly. 540 00:35:08,246 --> 00:35:12,446 I don't want our county being corrupt. 541 00:35:15,832 --> 00:35:18,406 I think it will have a huge impact on this neighborhood 542 00:35:18,406 --> 00:35:21,326 and I hope y'all deny it. 543 00:35:21,326 --> 00:35:23,726 Thank you very much. 544 00:35:24,206 --> 00:35:28,406 >> We will now call Mr. Lawrence France. 545 00:35:45,380 --> 00:35:47,797 >> Do you swear in affirm that this is the truth the whole 546 00:35:47,797 --> 00:35:47,802 truth so help you God? 547 00:35:47,802 --> 00:35:47,812 Will you state your name and address for the record? 548 00:35:47,812 --> 00:35:50,229 >> My name is Lawrence France and I live on Cardinal Road. 549 00:35:50,229 --> 00:35:51,710 I've been there since June of 89. 550 00:35:51,710 --> 00:35:55,710 It's been a residential area the whole time. 551 00:35:55,710 --> 00:35:57,710 Until just recently. 552 00:35:59,766 --> 00:36:05,646 Now on Dove Road and Cathy Road, there is a dump 553 00:36:05,646 --> 00:36:07,874 Trump double Dutch dump truck company, 554 00:36:07,874 --> 00:36:10,664 an all day long we have these dump trucks lumbering 555 00:36:10,664 --> 00:36:12,134 up and down the road. 556 00:36:12,134 --> 00:36:15,416 There's another commercial property there that y'all have 557 00:36:15,416 --> 00:36:16,766 recently approved. 558 00:36:16,766 --> 00:36:20,366 The church in the area -- 559 00:36:21,657 --> 00:36:23,780 I don't think it's a good idea. 560 00:36:23,780 --> 00:36:26,358 Like Kathy Burns said, the lighting 561 00:36:26,358 --> 00:36:32,277 would be terrible for it, and I don't need all the traffic 562 00:36:32,277 --> 00:36:33,201 up and down there. 563 00:36:33,201 --> 00:36:35,626 We had a lot more traffic when you rerouted 564 00:36:35,626 --> 00:36:37,896 William Burgess for a while. 565 00:36:37,896 --> 00:36:40,566 That was terrible in our neighborhood. 566 00:36:40,566 --> 00:36:45,846 And I don't think a church is gonna help anymore. 567 00:36:45,846 --> 00:36:49,470 Also, I'm not against churches, but I 568 00:36:49,470 --> 00:36:53,379 think they should be in a commercial area and not 569 00:36:53,379 --> 00:36:55,460 in a residential area. 570 00:36:55,460 --> 00:36:58,646 That's pretty much all I have. 571 00:37:12,236 --> 00:37:12,944 >> Thank you sir. 572 00:37:12,944 --> 00:37:12,952 That is all the comment cards I have 573 00:37:12,952 --> 00:37:15,244 for tab B. I want to make sure I'm not missing anybody. 574 00:37:15,244 --> 00:37:21,244 If you'll bring that over to the court please sir. 575 00:37:25,403 --> 00:37:27,778 >> Do you swear or affirm that the testimony you're about 576 00:37:27,778 --> 00:37:27,791 to give is the whole truth and nothing but the truth so help 577 00:37:27,791 --> 00:37:27,802 you God please state your name and address for the record 578 00:37:27,802 --> 00:37:27,803 please. 579 00:37:27,803 --> 00:37:29,386 >> David Kennedy, 86023 Cardinal Road. 580 00:37:29,386 --> 00:37:30,910 This is my first meeting ever. 581 00:37:30,910 --> 00:37:33,126 I don't really come to these things. 582 00:37:33,126 --> 00:37:35,812 I'm actually new to the area and I've known -- 583 00:37:35,812 --> 00:37:38,600 owned my house for about two years now. 584 00:37:38,600 --> 00:37:41,946 I moved there for my daughter who is nine, 585 00:37:41,946 --> 00:37:44,446 and it was a nice quiet neighborhood 586 00:37:44,446 --> 00:37:48,726 until about six months later when you guys built the thruway 587 00:37:48,726 --> 00:37:50,846 that the previous speaker talked about that 588 00:37:50,846 --> 00:37:54,780 built a ton of traffic through that area. 589 00:37:54,780 --> 00:37:57,214 Right where my daughter rides her bike and her scooter 590 00:37:57,214 --> 00:38:01,214 and plays outside, and all of my neighbors who have children 591 00:38:01,214 --> 00:38:02,286 are the same. 592 00:38:02,286 --> 00:38:06,600 For months and months, we were told over and over again that 593 00:38:06,600 --> 00:38:09,606 the roundabout was delayed and delayed , 594 00:38:11,832 --> 00:38:14,708 and people came through that thruway until 2 or 3 595 00:38:14,708 --> 00:38:19,534 in the morning blasting music and speeding and doing things 596 00:38:19,534 --> 00:38:22,859 that make me concerned for my daughter's safety. 597 00:38:22,859 --> 00:38:25,426 Whenever you bring people from outside our community 598 00:38:25,426 --> 00:38:28,646 into the community, I believe it's 599 00:38:28,646 --> 00:38:33,299 proven that crime and other things can go up. 600 00:38:33,299 --> 00:38:36,918 We don't know who would be going to this church, 601 00:38:36,918 --> 00:38:41,166 but from what I've understood, it doesn't seem like they have 602 00:38:41,166 --> 00:38:43,312 very good numbers as far as understanding what 603 00:38:43,312 --> 00:38:44,626 the appearance -- 604 00:38:44,626 --> 00:38:47,272 attendees would be and what traffic 605 00:38:47,272 --> 00:38:50,186 would be like and what time they would be open till. 606 00:38:50,186 --> 00:38:53,782 It doesn't sound like there's been really any for that 607 00:38:53,782 --> 00:38:56,614 into how this property would be used. 608 00:38:56,614 --> 00:38:58,496 I don't know if I'm allowed to ask a question 609 00:38:58,496 --> 00:39:00,117 and be allowed to get an answer. 610 00:39:00,117 --> 00:39:04,232 But if this is zoned, does that remain a commercial property 611 00:39:04,232 --> 00:39:06,232 forever? 612 00:39:07,566 --> 00:39:09,908 >> Mr. Chair, may I? 613 00:39:09,908 --> 00:39:12,496 This is not a rezoning. 614 00:39:12,496 --> 00:39:14,280 Conditional use is a use that has 615 00:39:14,280 --> 00:39:16,886 been identified as a proper use within its current zoning 616 00:39:16,886 --> 00:39:17,552 district. 617 00:39:17,552 --> 00:39:22,352 With certain conditions and limited number and location. 618 00:39:22,762 --> 00:39:26,182 So that's what's being approved is conditional use. 619 00:39:26,182 --> 00:39:28,796 And to answer another question or concern 620 00:39:28,796 --> 00:39:32,859 from earlier, the conditional use is for church only. 621 00:39:32,859 --> 00:39:36,459 No other use, conditional or not. 622 00:39:36,902 --> 00:39:40,586 Can be approved there without being back before this board. 623 00:39:40,586 --> 00:39:42,590 And there's a list of permitted uses 624 00:39:42,590 --> 00:39:47,453 that are by right that anybody can do on the land. 625 00:39:47,453 --> 00:39:50,626 The conditional uses have been identified as appropriate 626 00:39:50,626 --> 00:39:52,774 for this zoning district when they have conditions 627 00:39:52,774 --> 00:39:56,950 such as has been raised by staff tonight and approved 628 00:39:56,950 --> 00:39:57,862 by this board. 629 00:39:57,862 --> 00:39:59,254 It's not commercial at all. 630 00:39:59,254 --> 00:40:03,886 It doesn't change your zoning district at all. 631 00:40:03,886 --> 00:40:08,606 >> Well I've known churches to have farmers markets and giant 632 00:40:08,606 --> 00:40:12,454 events and funerals and weddings and all sorts of things that 633 00:40:12,454 --> 00:40:16,294 just because they're at church, they're operating 634 00:40:16,294 --> 00:40:18,694 as a commercial property. 635 00:40:20,406 --> 00:40:24,646 They have enough people to be in a commercial property. 636 00:40:24,646 --> 00:40:27,976 >> No sir, they are not acting as a commercial. 637 00:40:27,976 --> 00:40:30,666 It doesn't mean they're protected forever. 638 00:40:30,666 --> 00:40:32,666 Please no talking. 639 00:40:37,286 --> 00:40:42,366 It means we can't place undue restrictions on religious use. 640 00:40:42,366 --> 00:40:45,186 It is religious use, and that is not 641 00:40:45,186 --> 00:40:49,315 in our definition or the law a commercial use. 642 00:40:49,315 --> 00:40:51,232 >> I understand that and maybe that's strictly 643 00:40:51,232 --> 00:40:53,857 because they're not paying taxes or making money off the people 644 00:40:53,857 --> 00:40:57,680 that are coming in, but my point is it still has an impact 645 00:40:57,680 --> 00:41:00,252 to the community, and it has an impact to my daughter 646 00:41:00,252 --> 00:41:02,590 and the house that I just bought. 647 00:41:02,590 --> 00:41:06,556 So in my opinion, I don't really understand why it would even 648 00:41:06,556 --> 00:41:08,542 be warranted to put it there. 649 00:41:08,542 --> 00:41:13,200 It's a residential area so I don't know why there's a church 650 00:41:13,200 --> 00:41:14,752 -- there's a church right down the street. 651 00:41:14,752 --> 00:41:18,600 So that's what I think and thanks for listening. 652 00:41:18,600 --> 00:41:20,600 >> Thank you sir. 653 00:41:33,239 --> 00:41:35,656 >> I would normally ask for cross examination or rebuttal, 654 00:41:35,656 --> 00:41:42,256 but I'm not sure -- we will do this last one. 655 00:41:50,850 --> 00:41:53,580 >> Do you swear the testimony you're about to give is 656 00:41:53,580 --> 00:41:53,650 the truth and nothing but the truth? 657 00:41:53,650 --> 00:41:53,740 Please state your name and address for the record. 658 00:41:53,740 --> 00:41:55,574 >> My name is Beth Peshek and I live at 86342 Cardinal Road, 659 00:41:55,574 --> 00:41:59,446 which is directly parallel from the power lines from it. 660 00:41:59,446 --> 00:42:02,402 My big concern is the size of the road, 661 00:42:02,402 --> 00:42:06,600 and like everyone has discussed here, the traffic coming through 662 00:42:06,600 --> 00:42:07,886 here, because it has exponentially 663 00:42:07,886 --> 00:42:12,686 increased in the 12 years since I bought their. 664 00:42:13,860 --> 00:42:19,566 It's just a lot of -- the privacy and the in, and like I 665 00:42:19,566 --> 00:42:22,306 said when they did the roundabouts from William Burgess 666 00:42:22,306 --> 00:42:28,746 as a Thruway, it was all the time, and there's not the 35mph, 667 00:42:28,746 --> 00:42:32,374 and you really have to go slower to get two cars through there 668 00:42:32,374 --> 00:42:37,260 now, so my concern is just all that traffic that's already been 669 00:42:37,260 --> 00:42:37,951 there. 670 00:42:37,951 --> 00:42:42,151 Any other concerns, that's my main one. 671 00:42:42,392 --> 00:42:44,392 So thank you. 672 00:42:45,366 --> 00:42:47,366 >> Thank you. 673 00:42:48,490 --> 00:42:49,716 >> So normally with a cross-examination, 674 00:42:49,716 --> 00:42:55,424 we would do that with the -- >> If you wish to actually address 675 00:42:55,424 --> 00:42:57,856 any of the concerns tonight, Mr. Applicant, 676 00:42:57,856 --> 00:43:01,886 you are quite welcome to address or rebut any of the evidence 677 00:43:01,886 --> 00:43:03,886 presented. 678 00:43:35,923 --> 00:43:36,673 >> Good afternoon. 679 00:43:36,673 --> 00:43:36,676 I Kayla Thompson. 680 00:43:36,676 --> 00:43:36,688 >> Do you swear or affirm the testimony you're about to give 681 00:43:36,688 --> 00:43:36,697 is the whole truth and nothing but the truth? 682 00:43:36,697 --> 00:43:36,699 >> Yes. 683 00:43:36,699 --> 00:43:38,532 Mr. Santana has limited English proficiency, 684 00:43:38,532 --> 00:43:45,132 so I'm just here for translating if there are any questions. 685 00:43:50,966 --> 00:43:52,966 English 686 00:44:13,579 --> 00:44:15,787 >> So the church is not trying to create any problems 687 00:44:15,787 --> 00:44:15,790 for the community. 688 00:44:15,790 --> 00:44:17,290 The church is to heal the community. 689 00:44:17,290 --> 00:44:21,490 The building is inside of the property , 690 00:44:23,520 --> 00:44:26,652 like any other house or residence. 691 00:44:28,766 --> 00:44:33,390 So pretty much the same driveway entry you have for a house 692 00:44:33,390 --> 00:44:38,126 is what you would expect when you drive up to the church. 693 00:44:38,126 --> 00:44:43,526 According to the regulations , the church has people that 694 00:44:47,570 --> 00:44:49,570 control the traffic. 695 00:44:50,702 --> 00:44:53,102 To avoid any problems. 696 00:45:01,886 --> 00:45:06,286 The church is a private property like any other house 697 00:45:06,286 --> 00:45:08,686 or residence or place. 698 00:45:13,406 --> 00:45:17,266 And what they're doing in the building 699 00:45:17,266 --> 00:45:20,866 is part of any church function. 700 00:45:28,526 --> 00:45:31,846 The construction of the church won't 701 00:45:31,846 --> 00:45:37,846 impede any form of traffic or anything in the community. 702 00:45:40,406 --> 00:45:46,557 So the church did not present -- the building of the church did 703 00:45:46,557 --> 00:45:50,757 not present any problems for the community. 704 00:45:52,646 --> 00:45:56,460 What they're going to do is for the people who have problems 705 00:45:56,460 --> 00:46:02,460 with the construction of the church -- before they begin , 706 00:46:08,680 --> 00:46:11,534 the church is pretty much to heal people once again. 707 00:46:11,534 --> 00:46:15,600 And the church is for the well-being of the community. 708 00:46:15,600 --> 00:46:19,806 So there aren't any alcoholics, no drug addicts, 709 00:46:20,726 --> 00:46:25,526 and so the people change for the good. 710 00:46:37,640 --> 00:46:40,223 >> Can you ask him what would be the primary days of operation 711 00:46:40,223 --> 00:46:40,226 for that church? 712 00:46:40,226 --> 00:46:40,235 A lot of churches are basically Wednesdays and Sundays 713 00:46:40,235 --> 00:46:40,241 and limited activities through the week. 714 00:46:40,241 --> 00:46:42,408 But what would be the primary days in that community 715 00:46:42,408 --> 00:46:46,608 that that church would be in operation? 716 00:47:05,476 --> 00:47:09,760 >> And their church and service time. 717 00:47:13,504 --> 00:47:14,837 >> Said Thursdays and Sundays -- 718 00:47:14,837 --> 00:47:15,920 Thursdays from 7 to 9 p.m. 719 00:47:15,920 --> 00:47:20,120 And Sundays from 12 to 4 p.m.. -- 720 00:47:22,811 --> 00:47:24,811 2 to 4. 721 00:47:29,126 --> 00:47:31,526 It's a rented place. 722 00:47:33,152 --> 00:47:37,102 So the place that they have currently is rented 723 00:47:37,102 --> 00:47:41,220 and they're trying to build this place so that they 724 00:47:41,220 --> 00:47:44,220 can hold their services better. 725 00:47:46,806 --> 00:47:49,806 Especially for the Hispanic community. 726 00:48:07,470 --> 00:48:08,964 >> We don't think it will be a lot of traffic. 727 00:48:08,964 --> 00:48:11,131 I understand the concern, but really as a community, 728 00:48:11,131 --> 00:48:13,392 we are very quiet, and we follow the rules, 729 00:48:13,392 --> 00:48:16,782 and also, we try to respect people. 730 00:48:16,782 --> 00:48:19,934 If I know the neighbors across, we 731 00:48:19,934 --> 00:48:23,686 are not people who will make big loud parties and music. 732 00:48:23,686 --> 00:48:31,486 We always respect people and -- it's not like we want to go 733 00:48:36,726 --> 00:48:40,926 and change it -- like a family. 734 00:48:48,752 --> 00:48:55,952 We're not going to do crime like I heard somebody say -- 735 00:49:01,566 --> 00:49:08,306 every Sunday we have a meeting and we follow the traffic and we 736 00:49:08,306 --> 00:49:12,891 make sure that nobody is around the area when we go out. 737 00:49:12,891 --> 00:49:16,339 We have been for years in the church in renting 738 00:49:16,339 --> 00:49:19,939 and we don't have any problems. 739 00:49:21,126 --> 00:49:23,934 We don't have any problems with the neighbors or the people 740 00:49:23,934 --> 00:49:24,561 that go by. 741 00:49:24,561 --> 00:49:26,202 And thank you very much and I think 742 00:49:26,202 --> 00:49:30,792 that will be a good thing for our community. 743 00:49:30,792 --> 00:49:33,792 Because our neighbors and families 744 00:49:35,636 --> 00:49:39,340 need God and our meaning is for good 745 00:49:39,340 --> 00:49:40,706 in changing their lives for good. 746 00:49:40,706 --> 00:49:42,706 God bless you. 747 00:49:43,829 --> 00:49:46,412 >> I think we might have a few more if we could just go ahead. 748 00:49:46,412 --> 00:49:49,731 I have a couple really quick if you could ask. 749 00:49:49,731 --> 00:49:52,742 Do you know if they have plans on having a preschool 750 00:49:52,742 --> 00:49:54,454 or anything like that? 751 00:49:54,454 --> 00:49:57,238 Or any living quarters for a pastor 752 00:49:57,238 --> 00:49:59,292 or assistant pastor or anything like that? 753 00:49:59,292 --> 00:50:02,892 Do they have plans for that? 754 00:50:18,962 --> 00:50:21,462 >> Our plans in the future are not for housing or schooling. 755 00:50:21,462 --> 00:50:21,470 It's just for church come on Monday come 756 00:50:21,470 --> 00:50:22,637 on Wednesday come on Sunday. 757 00:50:22,637 --> 00:50:27,437 No Preschooling or housing is in our budget. 758 00:50:28,386 --> 00:50:34,386 >> And if you'll just wait there for one more question. 759 00:50:35,966 --> 00:50:38,439 If that was to change and they were 760 00:50:38,439 --> 00:50:40,640 going to put housing there or anything, 761 00:50:40,640 --> 00:50:45,366 would that end up being in the code enforcement issue? 762 00:50:45,366 --> 00:50:50,600 >> It would, but I would defer to planning that, as you said, 763 00:50:50,600 --> 00:50:53,366 a rectory or pastor is a supplementary use as there 764 00:50:53,366 --> 00:50:55,166 within conditional use as. 765 00:50:55,166 --> 00:50:58,886 That would be to allow a pastor to live on site. 766 00:50:58,886 --> 00:51:03,366 It would not allow for rental housing for anybody else. 767 00:51:03,366 --> 00:51:06,166 >> Just the pastor and immediate family? 768 00:51:06,166 --> 00:51:07,142 >> Correct. 769 00:51:07,142 --> 00:51:08,886 But no daycare. 770 00:51:08,886 --> 00:51:12,422 That would have to come back before you. 771 00:51:12,422 --> 00:51:17,159 This is church services and potentially if a pastor 772 00:51:17,159 --> 00:51:19,346 needed to live on site as a rectory, 773 00:51:19,346 --> 00:51:23,468 that would be allowed as a supplementary or accessory use. 774 00:51:23,468 --> 00:51:25,426 >> I wanted to ask that for me and I think Mrs. 775 00:51:25,426 --> 00:51:31,426 Burns was also asking along those >> To add to that 776 00:51:40,259 --> 00:51:42,842 in article 32 -- >> Do you swear and affirm that the testimony 777 00:51:42,842 --> 00:51:42,849 that you are saying is the truth? 778 00:51:42,849 --> 00:51:42,854 Say your name and address. 779 00:51:42,854 --> 00:51:43,800 >> I'm from the planning department. 780 00:51:43,800 --> 00:51:45,886 To refer you to article 32 from the Land Development Code, 781 00:51:45,886 --> 00:51:49,774 the devastation of a church is a building -- 782 00:51:49,774 --> 00:51:54,760 the definition of a church is a building with established 783 00:51:54,760 --> 00:51:56,116 religions as a place of worship. 784 00:51:56,116 --> 00:51:58,190 Such building may include but is not 785 00:51:58,190 --> 00:52:00,206 limited to a residential area for the pastor 786 00:52:00,206 --> 00:52:03,486 or resident of the sect, educational facilities, 787 00:52:03,486 --> 00:52:05,486 and other structures. 788 00:52:07,190 --> 00:52:10,190 >> But notably, not child care. 789 00:52:10,566 --> 00:52:15,122 >> And through the chair, on the conditions of approval, 790 00:52:15,122 --> 00:52:17,909 is this rooms with the land. 791 00:52:17,909 --> 00:52:19,686 Is that correct? 792 00:52:19,686 --> 00:52:25,686 Which means it doesn't change to come into effect here. 793 00:52:26,286 --> 00:52:28,478 >> Correct, and to remind you all, 794 00:52:28,478 --> 00:52:31,824 conditional uses as a starting point don't run with the land. 795 00:52:31,824 --> 00:52:33,366 There are only specific times that we 796 00:52:33,366 --> 00:52:34,846 can allow that to happen. 797 00:52:34,846 --> 00:52:37,512 Cemeteries are a conditional use, 798 00:52:37,512 --> 00:52:42,632 but we don't expect them to give up their land. 799 00:52:42,632 --> 00:52:48,320 Here they are going to build an actual structure. 800 00:52:48,486 --> 00:52:50,779 Should they ever abandon your, it cannot be anything 801 00:52:50,779 --> 00:52:51,426 but a church. 802 00:52:51,426 --> 00:52:54,483 When it runs with the land, we will file that 803 00:52:54,483 --> 00:52:57,446 in the Clerk of courts so that's the only conditional use that's 804 00:52:57,446 --> 00:52:59,446 allowed there. 805 00:52:59,566 --> 00:53:03,326 >> And therefore it will be a restriction? 806 00:53:03,326 --> 00:53:05,326 >> Innocence, yes. 807 00:53:06,526 --> 00:53:11,502 >> So this usage is if the county VOC accepts it 808 00:53:11,502 --> 00:53:13,759 or whatever the case may be? 809 00:53:13,759 --> 00:53:17,959 It runs with the land for now. 810 00:53:31,679 --> 00:53:34,540 >> This does not go to the board of County Commissioners. 811 00:53:34,540 --> 00:53:34,640 It's filed and will be filed at the property itself. 812 00:53:34,640 --> 00:53:36,356 Does any other member have questions before we move on? 813 00:53:36,356 --> 00:53:38,756 Thank you very much. 814 00:53:57,747 --> 00:53:59,390 >> I have a question for staff. 815 00:53:59,390 --> 00:53:59,450 Elizabeth, would you clarify or -- 816 00:53:59,450 --> 00:53:59,530 I know staff said, but if you could 817 00:53:59,530 --> 00:53:59,600 verify that all of the building restrictions 818 00:53:59,600 --> 00:54:00,977 as far as traffic study, buffering, landscape, 819 00:54:00,977 --> 00:54:03,686 or environmental will be done at the time? 820 00:54:03,686 --> 00:54:06,310 >> As you just stated and is in the conditions, 821 00:54:06,310 --> 00:54:08,946 this is just the first step in the approval process 822 00:54:08,946 --> 00:54:10,326 for the church. 823 00:54:10,326 --> 00:54:13,926 If approved, the applicant will be 824 00:54:14,940 --> 00:54:18,360 required to come back and go through the site engineering 825 00:54:18,360 --> 00:54:21,860 process and have a submittal application 826 00:54:21,860 --> 00:54:23,556 process with the Developmental Review Committee. 827 00:54:23,556 --> 00:54:26,490 After that they submit plans. 828 00:54:26,490 --> 00:54:29,966 We do have in the room somebody with developmental services 829 00:54:29,966 --> 00:54:32,870 engineers stormwater as well, but they will review it 830 00:54:32,870 --> 00:54:36,860 at that time so that all the drainage and stormwater 831 00:54:36,860 --> 00:54:38,960 requirements are ensured to be met, 832 00:54:38,960 --> 00:54:40,526 and buffering and screening requirements, 833 00:54:40,526 --> 00:54:43,152 and they will have complimentary land use 834 00:54:43,152 --> 00:54:46,831 buffers to the north, east and south of the property, 835 00:54:46,831 --> 00:54:48,522 and along the frontage of the property 836 00:54:48,522 --> 00:54:51,106 they will be required to have a perimeter landscape strip, 837 00:54:51,106 --> 00:54:55,906 and that consists of canopy trees, understory trees, 838 00:54:56,990 --> 00:54:59,699 and shrubbery within a defined distance. 839 00:55:00,246 --> 00:55:04,446 Environmental review, so tortoises are protected status 840 00:55:05,734 --> 00:55:08,982 in the state of Florida and it's illegal to destroy a burrow 841 00:55:08,982 --> 00:55:10,480 or relocate gopher tortoises. 842 00:55:10,480 --> 00:55:14,506 You have to go through the appropriate channels for that. 843 00:55:14,506 --> 00:55:16,419 There's wetlands on the site. 844 00:55:16,419 --> 00:55:18,856 If they do not mitigate against the wetlands, 845 00:55:18,856 --> 00:55:24,518 they have to maintain offers and cannot build on wetland system. 846 00:55:24,518 --> 00:55:28,966 If there's any flood, or special flood hazard area, 847 00:55:28,966 --> 00:55:32,806 they would have to maintain a 60% open space on the site. 848 00:55:32,806 --> 00:55:35,246 Additionally there in the William Bridges district 849 00:55:35,246 --> 00:55:36,866 overlay, so they do have to adhere 850 00:55:36,866 --> 00:55:40,112 to the design regulations that are in the William Burgess 851 00:55:40,112 --> 00:55:41,176 District blueprint. 852 00:55:41,176 --> 00:55:44,176 The context and Connectivity blueprint. 853 00:55:45,228 --> 00:55:49,966 So they will have architectural standards for transparency, 854 00:55:49,966 --> 00:55:52,966 windows, and more elevated standards 855 00:55:54,660 --> 00:56:00,799 than what the current buildings had to comply with in that area. 856 00:56:00,799 --> 00:56:03,430 And since they're in the William Burgess district, 857 00:56:03,430 --> 00:56:07,158 they do have to adhere to dark sky friendly lighting. 858 00:56:07,158 --> 00:56:12,846 So it will be downcast and there can be no lights 859 00:56:12,846 --> 00:56:14,756 village on adjacent properties. 860 00:56:14,756 --> 00:56:16,326 They have to submit a plan showing 861 00:56:16,326 --> 00:56:21,726 they're not having that light spillage on adjacent properties. 862 00:56:21,886 --> 00:56:23,886 >> Thank you. 863 00:56:40,875 --> 00:56:42,333 >> Can I have a follow up question? 864 00:56:42,333 --> 00:56:42,344 This was just clarify something that she answered that I asked. 865 00:56:42,344 --> 00:56:42,351 She said that before site work is 866 00:56:42,351 --> 00:56:42,359 done that it will be evaluated for stormwater 867 00:56:42,359 --> 00:56:44,234 drainage and that type of that type of thing. 868 00:56:44,234 --> 00:56:46,702 There were multiple deliveries of rock and dirt delivered 869 00:56:46,702 --> 00:56:48,246 to the site today. 870 00:56:48,246 --> 00:56:51,846 So the studies have to be done before work can start 871 00:56:51,846 --> 00:56:54,626 and those types of things start being delivered? 872 00:56:54,626 --> 00:56:56,948 Because there were multiple dump trucks in and out 873 00:56:56,948 --> 00:57:00,166 of the site today delivering those types of items. 874 00:57:00,166 --> 00:57:04,176 >> To respond to that, Katie P, our stormwater director is here 875 00:57:04,176 --> 00:57:05,910 in the room. 876 00:57:05,910 --> 00:57:11,691 So she and her staff can definitely follow up on that. 877 00:57:25,820 --> 00:57:27,820 >> If you believe that a violation has occurred. 878 00:57:27,820 --> 00:57:27,890 >> If we haven't established the stormwater, 879 00:57:27,890 --> 00:57:27,101 what runoff will happen with site build in that type of thing 880 00:57:27,101 --> 00:57:27,768 to the property? 881 00:57:27,768 --> 00:57:30,446 Like I say, multiple dump loads full of rock and gravel 882 00:57:30,446 --> 00:57:32,446 were delivered today. 883 00:57:55,540 --> 00:57:57,540 >> Mr. Chairman? 884 00:58:00,627 --> 00:58:03,169 >> Do you swear and affirm the testimony you're about to give 885 00:58:03,169 --> 00:58:03,179 is the truth and whole truth so help you God? 886 00:58:03,179 --> 00:58:03,187 >> Katie P, stormwater and drain management director. 887 00:58:03,187 --> 00:58:05,346 As far as fill being brought in, that is regulated through G c -- 888 00:58:05,346 --> 00:58:05,846 DRC. 889 00:58:05,846 --> 00:58:08,241 If we know that's going through DRC, 890 00:58:08,241 --> 00:58:10,366 that's regulated through our developmental Services 891 00:58:10,366 --> 00:58:10,974 department. 892 00:58:10,974 --> 00:58:14,166 We do have old typography that we 893 00:58:14,166 --> 00:58:19,198 can look at if dirt was spread prior that we haven't had before 894 00:58:19,198 --> 00:58:23,946 and after, but we can definitely follow up on code enforcement 895 00:58:23,946 --> 00:58:30,546 if that's something that needs to be addressed at this time. 896 00:58:44,222 --> 00:58:46,805 >> Just a follow up Question, would you require them to change 897 00:58:46,805 --> 00:58:46,806 it? 898 00:58:46,806 --> 00:58:46,818 I'd like to remove the dirt that was put prior to removal 899 00:58:46,818 --> 00:58:46,823 back to its previous topography? 900 00:58:46,823 --> 00:58:47,323 >> Correct. 901 00:58:47,323 --> 00:58:52,320 For the stormwater drainage, they have to meet our review. 902 00:58:52,320 --> 00:58:54,726 >> And inspections are done throughout? 903 00:58:54,726 --> 00:58:56,726 >> Correct. 904 00:58:56,966 --> 00:59:00,566 >> Are you familiar with this parcel? 905 00:59:14,819 --> 00:59:16,569 >> I did look at it prior to this meeting. 906 00:59:16,569 --> 00:59:17,736 >> Are there wetlands on it? 907 00:59:17,736 --> 00:59:21,336 >> They have not been officially delineated. 908 00:59:27,500 --> 00:59:29,255 >> Thank you do we have any final comments from staff? 909 00:59:29,255 --> 00:59:33,455 >> Not unless you have any additional questions. 910 00:59:38,633 --> 00:59:40,910 >> I just want to make one comment, 911 00:59:40,910 --> 00:59:40,105 and I think this is the right way to look at things that come 912 00:59:40,105 --> 00:59:40,605 before us. 913 00:59:40,605 --> 00:59:45,860 It is a sequential process, and just becomes someone comes 914 00:59:45,860 --> 00:59:50,486 before this board -- if it is a yes , 915 00:59:52,966 --> 00:59:57,846 that does not mean that that individual or entity can go do 916 00:59:57,846 --> 01:00:00,379 what they want to do. 917 01:00:00,379 --> 01:00:06,582 I'm pleased that we have a process in this county that is 918 01:00:06,582 --> 01:00:11,382 sequential, and the Development Review Committee is checks 919 01:00:11,958 --> 01:00:16,158 and balances and I've seen it work , 920 01:00:17,492 --> 01:00:21,766 and these things will be addressed at the next level. 921 01:00:21,766 --> 01:00:25,966 What we're dealing with is property rights. 922 01:00:30,166 --> 01:00:35,566 Do we have any other board questions from anyone? 923 01:00:36,326 --> 01:00:40,526 >> To piggyback on my fellow board member, 924 01:00:42,766 --> 01:00:48,746 we take it to heart that what we're deliberating is the law. 925 01:00:48,746 --> 01:00:54,246 The process that follows this is an open invitation to pain 926 01:00:54,246 --> 01:01:00,366 if you haven't been through the DRC, you should try it one time. 927 01:01:00,366 --> 01:01:06,940 They will make you deliver on every single aspect and land 928 01:01:06,940 --> 01:01:07,822 development code. 929 01:01:07,822 --> 01:01:13,606 So this has to do with private property rights and the law, 930 01:01:13,606 --> 01:01:16,832 which we're here to deliberate, and appreciate the comments, 931 01:01:16,832 --> 01:01:22,838 but I have a whole string of notes here of speakers 932 01:01:22,838 --> 01:01:26,926 in their comments which I think must have been answered by staff 933 01:01:26,926 --> 01:01:29,326 or our county attorney. 934 01:01:29,758 --> 01:01:34,906 So I'm very happy that there is a deliberate process 935 01:01:34,906 --> 01:01:39,230 as my fellow board member said that follows this. 936 01:01:39,230 --> 01:01:42,830 It's an open invitation to pain. 937 01:01:43,238 --> 01:01:46,323 If you haven't tried it, go through it, 938 01:01:46,323 --> 01:01:50,523 but I applaud staff for the recommendation. 939 01:02:09,214 --> 01:02:10,797 >> Public hearing for Tab B is closed. 940 01:02:10,797 --> 01:02:10,803 Do we have any board deliberation? 941 01:02:10,803 --> 01:02:13,178 I will entertain a motion for approval or denial of see u 942 01:02:13,178 --> 01:02:15,178 206-002. 943 01:02:25,700 --> 01:02:27,424 >> Mr. Chair, based upon the record evidence and testimony 944 01:02:27,424 --> 01:02:27,433 received, I find that there is competent and substantial 945 01:02:27,433 --> 01:02:27,443 evidence pursuant to the Land Development Code section 22.03 K 946 01:02:27,443 --> 01:02:27,448 and section 5.0 4k -- 947 01:02:27,448 --> 01:02:29,323 A through K, conditional use reveal criteria, 948 01:02:29,323 --> 01:02:31,566 and therefore my motion is to approve 949 01:02:31,566 --> 01:02:35,166 CU2026-002, subject to conditions contained 950 01:02:37,286 --> 01:02:39,686 within the staff report. 951 01:02:58,710 --> 01:03:00,654 >> Motion made by board member Morriss and seconded by Hinson. 952 01:03:00,654 --> 01:03:00,657 Call the vote. 953 01:03:00,657 --> 01:03:03,240 >> Hodges, Hinson, blue, Morris, Valenta, and cherry Erickson. 954 01:03:03,240 --> 01:03:05,240 The motion carries. 955 01:03:20,765 --> 01:03:23,570 >> Regarding Tab, does any member have ex communication 956 01:03:23,570 --> 01:03:23,590 to expose? 957 01:03:23,590 --> 01:03:23,680 Please identify the documents being placed into the record. 958 01:03:23,680 --> 01:03:25,693 >> Application for rezoning nine pages, staff report six pages, 959 01:03:25,693 --> 01:03:29,150 and Nassau County business impact estimate two pages 960 01:03:29,150 --> 01:03:31,550 in staff presentation 12 pages. 961 01:03:32,312 --> 01:03:33,790 >> Thank you. 962 01:03:33,790 --> 01:03:34,806 I'll entertain a motion to accept 963 01:03:34,806 --> 01:03:38,278 the motions into documents for tap C. Motion is seconded. 964 01:03:38,278 --> 01:03:45,478 All in favor say I. All opposed say nay. >> The floor now 965 01:04:29,170 --> 01:04:35,170 open for public with Tab C. begin with staff presentation. 966 01:04:36,435 --> 01:04:39,600 >> you swear or affirm testimony you're about give is the truth 967 01:04:39,600 --> 01:04:39,690 the whole truth nothing but the truth? 968 01:04:39,690 --> 01:04:39,720 I do. 969 01:04:39,720 --> 01:04:39,840 >> your name for the >> Will writer, Department. 970 01:04:39,840 --> 01:04:39,407 This is a to rezone approximately and a half acres 971 01:04:39,407 --> 01:04:42,765 from commercial intensive to transect based zoning district, 972 01:04:42,765 --> 01:04:45,165 urban transitional zone T 3.5. 973 01:04:45,786 --> 01:04:49,386 This is the accompanying rezoning application 974 01:04:53,326 --> 01:04:56,926 to the comprehensive Plan Amendment application 975 01:04:57,906 --> 01:05:00,306 that you heard prior. 976 01:05:24,286 --> 01:05:28,246 Would you like me to proceed sir? 977 01:05:28,246 --> 01:05:30,646 I appreciate your attention. 978 01:05:31,438 --> 01:05:35,997 The owner is Judith Turner Ellie and Nassau 979 01:05:35,997 --> 01:05:38,860 County is serving as the agent. 980 01:05:38,860 --> 01:05:41,586 Again, this may look familiar to you 981 01:05:41,586 --> 01:05:45,186 tonight or previous to tonight, where 982 01:05:45,917 --> 01:05:51,200 we have a vacant property at the corner of SR 200 and Harry 983 01:05:51,200 --> 01:05:51,502 Green. 984 01:05:51,502 --> 01:05:54,939 It's outlined in red and about a quarter mile 985 01:05:54,939 --> 01:05:56,939 from SR 2200 section. 986 01:05:59,606 --> 01:06:04,994 This is the design overlay regulating map, otherwise known 987 01:06:04,994 --> 01:06:06,820 as flume 11. 988 01:06:06,820 --> 01:06:12,860 And you can see that the request to rezone it 989 01:06:12,860 --> 01:06:18,860 corresponds with this zoning district and future land use map 990 01:06:18,346 --> 01:06:19,326 designation. 991 01:06:19,326 --> 01:06:23,526 Current land use is commercial for recommendation 992 01:06:25,112 --> 01:06:31,112 previously to change that land use designation to T-1-5. 993 01:06:32,476 --> 01:06:38,886 Your recommendation to rezone this to T3-0.5 would make it 994 01:06:38,886 --> 01:06:41,686 consistent with the recommendation you gave earlier. 995 01:06:41,686 --> 01:06:46,486 Now a quick look at the permitted uses 996 01:06:47,600 --> 01:06:51,806 is it allows single family or multifamily townhouses, 997 01:06:52,446 --> 01:06:55,246 hotels, and mixed use resorts. 998 01:06:55,246 --> 01:06:59,512 The key here is as a minimum residential requirement 999 01:06:59,512 --> 01:07:04,146 of five units per acre, with a maximum of ten. 1000 01:07:04,146 --> 01:07:08,102 You can also develop it with offices, 1001 01:07:08,102 --> 01:07:10,386 and each type of officer as you can 1002 01:07:10,386 --> 01:07:13,379 see on this slide, and service establishments 1003 01:07:13,379 --> 01:07:17,579 and basic commercial uses like retail restaurants 1004 01:07:17,966 --> 01:07:22,166 and supermarkets and that sort of thing. 1005 01:07:23,806 --> 01:07:29,206 Also public and quasi public uses and education facilities . 1006 01:07:53,624 --> 01:07:55,820 Like the list you entertain tonight 1007 01:07:55,820 --> 01:07:55,890 like venues and automated drive thru facilities. 1008 01:07:55,890 --> 01:07:55,950 It's consistent with a comprehensive plan. 1009 01:07:55,950 --> 01:07:55,733 It's designated T3-5 on the future land use 1010 01:07:55,733 --> 01:07:57,816 map which is an element of the Comprehensive Plan. 1011 01:07:57,816 --> 01:07:59,786 It's intended for this type of development 1012 01:07:59,786 --> 01:08:05,186 and it allows mixed use residential use, and it 1013 01:08:07,918 --> 01:08:12,118 it's designed to promote the compact development 1014 01:08:12,186 --> 01:08:17,586 that we're looking for and there's public sewers available, 1015 01:08:21,860 --> 01:08:23,546 and I already mentioned it being an infilled opportunity. 1016 01:08:23,546 --> 01:08:27,686 Can enable the extension of SR 200 intersection, 1017 01:08:27,686 --> 01:08:32,866 all of which are as low -- labeled T3-5. 1018 01:08:32,866 --> 01:08:38,866 And it's consistent with the zoning that we just mentioned, 1019 01:08:39,486 --> 01:08:44,886 and it's compatible now with commercial land use designation 1020 01:08:45,432 --> 01:08:51,166 and commercial intensive zoning, but will be as well if both this 1021 01:08:51,166 --> 01:08:54,766 and its accompanying application and it's 1022 01:08:55,998 --> 01:08:58,998 consistent with the comprehensive plan. 1023 01:08:59,226 --> 01:09:03,958 I think most of all these were discussed 1024 01:09:03,958 --> 01:09:08,366 when we looked at the map and we talked about the consistency 1025 01:09:08,366 --> 01:09:09,846 with comprehensive plans. 1026 01:09:09,846 --> 01:09:13,899 We find it's consistent with the comprehensive plan and the Land 1027 01:09:13,899 --> 01:09:15,899 Development code. 1028 01:09:18,646 --> 01:09:20,646 >> Thank you. 1029 01:09:22,966 --> 01:09:26,668 And I have no public comment cards for Tab C. 1030 01:09:26,668 --> 01:09:30,506 Do we have any cross examination or rebuttal quotes 1031 01:09:30,506 --> 01:09:33,506 any final comments from Staff? 1032 01:09:33,958 --> 01:09:36,958 Any more questions from anyone? 1033 01:09:39,566 --> 01:09:41,979 Public hearing for Tab C is now closed. 1034 01:09:41,979 --> 01:09:46,179 Do we have any final board deliberation? 1035 01:09:46,406 --> 01:09:51,206 I will entertain a vote for this ordinance. 1036 01:10:12,705 --> 01:10:14,913 >> Mr. Chairman, previously I made the motion earlier 1037 01:10:14,913 --> 01:10:14,926 for the flow of this, and I want to make the recommendation that 1038 01:10:14,926 --> 01:10:14,934 based upon the record evidence and testimony received, 1039 01:10:14,934 --> 01:10:17,184 I find that there's competent and substantial evidence 1040 01:10:17,184 --> 01:10:22,584 pursuant to these policies and policies 0806828 of the Nassau 1041 01:10:43,426 --> 01:10:48,226 Comprehensive Plan in section 5.02 section C and section 5.02 1042 01:10:50,142 --> 01:10:54,546 D, one through eight of the Nassau County Land Development 1043 01:10:54,546 --> 01:10:58,686 Code, and therefore my motion is to recommend approval 1044 01:10:58,686 --> 01:11:00,686 of our 26-007. 1045 01:11:05,366 --> 01:11:08,460 >> Motion made by board member? 1046 01:11:08,460 --> 01:11:10,446 Seconded by Doctor Blue. 1047 01:11:11,151 --> 01:11:14,751 County Clerk, please call the vote. 1048 01:11:15,966 --> 01:11:16,630 >>? 1049 01:11:16,630 --> 01:11:17,294 Morris? 1050 01:11:17,294 --> 01:11:17,958 Blu? 1051 01:11:17,958 --> 01:11:19,958 Van dike? 1052 01:11:19,966 --> 01:11:20,756 Hanson? 1053 01:11:20,756 --> 01:11:23,156 And board member Hodges? 1054 01:11:24,106 --> 01:11:26,660 Chair Ericksen? 1055 01:11:26,660 --> 01:11:28,846 That's Seven Eyes and Zero nays. 1056 01:11:28,846 --> 01:11:30,666 It carries. 1057 01:11:30,666 --> 01:11:32,870 >> Do we have any general public comments? 1058 01:11:32,870 --> 01:11:36,126 Do we have any further board business? 1059 01:11:36,126 --> 01:11:39,654 Our next meeting will be September 1st? 1060 01:11:39,654 --> 01:11:42,540 Have a good night.