[1:52] Good evening.
[1:53] Let us come to order.
[1:55] Welcome to the Nassau County Planning and Zoning Board
[1:58] meeting for August 4th 2026.
[2:00] Copies of tonight's agenda are available in the media table.
[2:04] Please come forward and obtain a copy if you wish.
[2:10] Please stand for the prayer and remain standing
[2:16] for the Pledge of Allegiance.
[2:19] >> Let us prayer.
[2:20] We pray and thank you for this new month
[2:25] that that you allowed us to see.
[2:27] With all of us we pray for all of our schools and pray
[2:30] for our school leaders and teachers and staff,
[2:33] and we pray for a safe school year and a successful school
[2:38] year.
[2:39] We pray for this board meeting tonight
[2:41] that God you would grant this board wisdom and knowledge
[2:46] and understanding.
[2:48] We pray for the staff and we pray for those
[2:51] that we are privileged to serve.
[2:53] And we pray most of all that this meeting tonight will
[2:56] be conducted in a manner that would be pleasing in your sight
[3:01] and be considered respectful common decent,
[3:05] and it's in your precious name we pray.
[3:08] Amen.
[3:09] I pledge allegiance to the flag of the United States of America
[3:14] and to the Republic for which it stands one nation under God,
[3:20] with liberty double indivisible with liberty
[3:25] and justice for all.
[3:34] >> Madam clerk please call the roll.
[3:36] >> Hodges, blue, Morris, board member Valenti,
[3:41] and chair Erickson.
[3:44] >> Here.
[3:46] >> Tap A is a legislative hearing.
[3:48] County attorney, please read the procedures.
[3:51] >> Thank you Mr. Chair.
[3:52] The following item is a legislative item
[3:54] that is tab A. These procedures are in place to give all that
[3:58] wish to speak for or against an item the opportunity to do so.
[4:01] Those wishing to speak in favor of or against the item
[4:05] being considered will have three minutes to address the board,
[4:08] and all statements should be addressed to the board
[4:10] only, and address only the item under consideration.
[4:14] Speakership not in double Dutch speakers
[4:17] should not engage in attacks on other speakers
[4:19] or board members please begin by stating your name
[4:21] and address for the record period please
[4:23] do not be repetitive or restate the same information
[4:25] as previous speakers.
[4:26] Sharing or transferring of time is not allowed.
[4:29] Clerk will control the time allocated, again
[4:33] is three minutes.
[4:34] Any speaker with documents or presentation --
[4:41] as part of the presentation should put it to the clerk.
[4:45] The meeting is being recorded so please no applause or outbursts
[4:48] because it does distort the recording.
[4:50] The board will close the public hearing
[4:52] and may ask questions of speakers or staff
[4:55] and then deliberate and vote on the item before them.
[4:58] Mr. Chair?
[5:00] >> Thank you.
[5:01] The floor is now open for public discussion for Tab A ,
[5:07] so begin the presentation. -- staff presentation.
[5:20] >> Good evening, board members, I am Will Ryder of the Planning
[5:23] Department.
[5:23] Let me get this full size there.
[5:25] This is a request -- >> Let me change it.
[5:57] >> This is a request to amend the commercial land use from
[5:59] commercial to transect based zoning district T 3/5.
[6:04] The owner is Judith Turner, L, and Nassau County
[6:08] is serving as the agent.
[6:09] To your left we have flume 11, future land use
[6:14] map 11, the regulating map.
[6:17] You can see on the right that the property is currently vacant
[6:20] and Becca Richard -- back over to the left,
[6:23] I blew this up a little bigger so you can see where it is
[6:26] in relation to the 200 corridor.
[6:27] It's about a quarter of a mile east to the Fillmore and Minor
[6:33] Road intersection.
[6:34] You can see the request is T dash 3-5.
[6:39] This is a accompanied by a application
[6:42] to rezone it to 3.5 later in the meeting period
[6:45] and this is the Urban Transitional zone,
[6:48] and if you imagine, I know you all are familiar with us
[6:53] 17 intersection further to the west.
[6:55] That's an urban zone.
[7:00] So this is the transitional zone leading up to that.
[7:03] Current land use is commercial, and the current zoning is
[7:07] commercial intensive, and again, the request is to change it
[7:12] to T-3.5.
[7:14] Its consistency with the comprehensive plan.
[7:16] It's an infill development, and we'll
[7:20] talk about uses later in the rezoning,
[7:21] but their appropriate to mention here as well.
[7:24] It's an opportunity that allows a mix of uses.
[7:28] There is a minimum residential requirement
[7:30] of five units per acre, and a possibility of a max of ten.
[7:35] So the most I could get here is 42 dwelling units --
[7:41] or that's the minimum is 42 dwelling units per acre.
[7:44] It can also be developed commercially
[7:46] with some standard commercial uses
[7:48] like retail and restaurants.
[7:51] And some office buildings.
[7:53] Mixed use developments on arterial street.
[7:57] If you go back to the map you can
[7:59] remember it's in the orbital transfer zone.
[8:01] This is an appropriate development requirement
[8:03] that complies with the regulating map.
[8:05] It's in a service area, and there
[8:09] are a lot of words there but per the Growth trends report,
[8:12] we need houses and jobs for our residents,
[8:18] so mixed use development enables that type of development
[8:22] to occur to provide jobs and housing.
[8:26] Specific traffic impacts purpose.
[8:30] This will be monitored with the project goes
[8:34] to the development review committee for the site plan
[8:37] development.
[8:38] It adheres to the site development plans of flume 11,
[8:41] if you remember back to the map.
[8:44] And as far as compact development,
[8:48] timber to tides to encourage that type of development.
[8:54] Staff finds this is consistent with the comprehensive plan
[8:57] and we recommend approval.
[9:01] >> Thank you sir.
[9:03] I have no public comment cards to speak on tab A.
[9:08] Does any member of the board have questions for staff?
[9:17] The board is now closed for public discussion on Tab A.
[9:21] Do we have any further board conversation?
[9:23] I will entertain a motion to approve or deny tab a.
[9:28] >> Mr. Chairman, based on the record evidence and testimony
[9:31] received, we find that the movement is consistent with
[9:34] policy 01.02 J one policy F oh two, and policy zero two of six,
[9:49] and policy F m .010 four A through G of the Nassau County
[9:56] Conference of Plan, and therefore my motion is
[9:58] to recommend approval of CPA26-007.
[10:11] >> We have a motion to second.
[10:12] All in favor say aye all opposed say nay.
[10:14] Motion passes.
[10:20] >> Tubs B and C are quasi judicial hearings.
[10:22] Please read the procedures.
[10:22] >> Thank you Mr. Chair.
[10:23] As stated, the following items are
[10:24] to be heard as judicial hearings.
[10:27] Those are to consider CU20 26.002,
[10:31] and the applicant is requesting a conditional use
[10:35] to allow a church in the open rural or zoning district.
[10:40] Church of God International Pentecostal Movement Inc.
[10:48] Samuel agent district three.
[10:55] Tab C, to consider R-26-007 an ordinance 26-053,
[11:02] the rezoning of approximately 8.52 acres located in the north
[11:07] side of State Road 200 between here and Green Road and Peebles
[11:11] Road.
[11:12] For commercial incentive to transitional zone T-3.5.
[11:21] Earner -- owner Judith Turner, agent Nassau County,
[11:26] district three.
[11:27] The quasi judicial hearing is different
[11:30] than a regular hearing conducted by this board
[11:33] and a quasi judicial hearing is less formal than a court hearing
[11:36] but similar in its procedure and evidence matters.
[11:38] Applicants have the burden of demonstrating
[11:41] competent and substantial evidence
[11:43] that his or her application is consistent with the following
[11:46] requirements.
[11:47] For Tab B, that is land Development code section
[11:51] 22.03 subsection K, and 504 subsections A through K
[11:58] with the conditional use review criteria for tab C, that
[12:03] is policy f l .01.02 j one.
[12:07] Policy f l .02.06 C one, policy f l .02.06,
[12:14] and policy f l dot 0.06 A through J of the Nassau plan,
[12:21] and section .502 C and oh two D one through eight of the Nassau
[12:28] Development Code.
[12:29] Those opposed must also demonstrate
[12:31] through competent substantial evidence
[12:34] that the application does meet these requirements.
[12:36] While the board welcomes comments
[12:38] from all who have an interest in these proceedings,
[12:41] follow the law requires that the board's decision
[12:43] in a quasi judicial action be supported
[12:46] by competent evidence presented to the board
[12:49] during the hearing of the application.
[12:52] Competent substantial evidence is
[12:54] evidence which a reasonable mind would
[12:56] accept as adequate to support a conclusion.
[12:58] There must be a factual basis in the record
[13:01] to support opinion testimony from both expert
[13:04] and non-expert witnesses, and email communications received up
[13:15] until the time of this meeting are
[13:16] a part of the public record for the hearing
[13:18] but are not without competent and substantial evidence.
[13:23] Applicants are entitled to be represented by counsel.
[13:25] If they desire, to obtain counsel,
[13:29] they must make a request to this board.
[13:31] It will be at your discretion to grant or deny
[13:34] that request to the hearing procedures will be as follows.
[13:36] Staff will be sworn in to support the applicant's request
[13:40] and they will have ten minutes.
[13:42] The applicants may reside rely on their comments.
[13:48] They do retain the right to rebut any testimony
[13:50] against their application.
[13:52] Do either of the applicants for tonight
[13:55] wish to waive their presentation and rely
[13:57] upon staff recommendations?
[13:59] If so I will need you to come to the podium and state
[14:02] that for the record.
[14:05] No one.
[14:07] The advocate of Representative will
[14:09] have the opportunity to present evidence for the application.
[14:12] They will have 15 minutes for that presentation.
[14:15] Public participants for or against the application
[14:18] will be sworn in and have three minutes each
[14:20] to present testimony to the board
[14:23] with evidence extension of time may only
[14:26] be granted through the chair and sharing insurance of time
[14:29] is not allowed.
[14:32] Evidence for or against the application
[14:34] will be addressed at the podium in any documents
[14:37] or photographs must be submitted to the Deputy Clerk.
[14:39] The documents will not be returned
[14:40] and they become part of the official record.
[14:42] The applicant or the representative
[14:44] will then have a maximum of ten minutes for any cross-exam
[14:48] or rebuttal.
[14:49] Staff will have five minutes to provide any comments
[14:53] to the board.
[14:54] The board will close the hearing and discuss the application
[14:57] and may ask questions if applicant staff or witness
[15:01] about the application.
[15:03] Any motion of the board must include whether the board member
[15:07] finds competence in substantial record in the record
[15:09] or testimony received to support the board's decision to approve
[15:12] or deny the agenda item.
[15:14] This meeting again is being recorded,
[15:16] so please no applause, outburst, or talking.
[15:19] It does restore the recording.
[15:21] If there are any questions to these hearing procedures,
[15:24] please ask them at this time.
[15:26] Mr. Chair you may continue.
[15:30] >> Thank you.
[15:31] Regarding tab, does any member have ex parte communication
[15:34] to disclose?
[15:36] Madam clerk, please identify the documents to be placed
[15:41] into the record for tab B.
[15:44] >> 002 application for conditional use 18 pages site
[15:49] plan five pages, staff report four pages,
[16:00] >> Motion to accept these into the documentation for Tab B?
[16:03] >> All in favor say aye and all opposed say nay.
[16:05] The floor is now open for public hearing
[16:07] on Tab B. We will begin with the staff presentation.
[16:21] >> Do you swear to tell the truth and nothing but the truth
[16:23] so help you God?
[16:23] >> I do.
[16:23] Catherine Davis, planner two with the planning Department.
[16:26] Good evening and thank you to board members and the public
[16:31] for your time and engagement.
[16:41] Please consider conditional use application 2026-002,
[16:47] conditional use permit to allow a church in the open Rural
[16:52] Zoning district.
[16:52] The owners being the Church of God,
[16:56] international Pentecostal movement incorporated.
[16:58] Their agent is Mr. Samuelson --
[17:05] Samuel Santana.
[17:06] This is in Commission district three,
[17:08] which is located West of highway 17, midway between State Road
[17:16] 200 and William Burgess Boulevard.
[17:18] On the east side of Cardinal Road.
[17:23] The Blue star is designation of the location.
[17:32] The zoning for this parcel and the surrounding area
[17:36] is an open rural district in the future land use map designation
[17:41] is medium density residential.
[17:43] A boundary survey and an early conceptual drawing
[17:50] of the proposed church was provided in the application.
[17:55] In reviewing the proposed church regarding inconsistency
[17:59] with the future land use development and zoning,
[18:04] pursuant to the Land Development Code 22 dash
[18:11] zero K. Medium density residential
[18:21] is compatible with community facilities,
[18:26] and residential neighborhood.
[18:28] This subject neighborhood -- the subject property is 3.7 acres.
[18:34] The church must adhere to the supplementary regulations
[18:37] in Land Development Code section 22.04 and 22.06.
[18:42] When submitting their application
[18:44] for Development Review Committee and site permitting.
[18:49] The following are included.
[18:51] The minimum requirements for a church are 150ft lot width,
[18:56] two acres minimum, for lot area, and the minimum yard
[19:03] requirements are 35ft for the front yard,
[19:05] 15ft for the side yard, and 25ft for the rear yard.
[19:08] The maximum building height is 45ft.
[19:10] The maximum lot coverage for a church is 50%.
[19:14] The Land Development Code section
[19:18] 5.04 conditional use criteria have
[19:22] been evaluated to maintain consistency with the future land
[19:26] use map and zoning, where the Land Development Code allows
[19:31] a church by conditional use the site development
[19:35] and will also be reviewed through submission
[19:38] to Development Review Committee and permit review.
[19:42] Item a, the church establishment does not
[19:47] present any endangerment of public health, safety
[19:51] or general welfare.
[19:52] Both the Department of Health and the Fire Department
[19:55] will actively review the site development.
[19:58] Item B, the development of the parcel
[20:02] should meet all site and building requirements
[20:04] in the applicable standards by the state County.
[20:08] Item C, the approximately 3.7 acre wooded lot on county
[20:16] maintained Cardinal Road and its rivers
[20:18] adjacent to an existing utility substation on a ten acre parcel.
[20:23] Off peak operating hours are expected to minimize the traffic
[20:29] impact on Cardinal Road.
[20:33] Item D. The surrounding area shares the same open role
[20:39] and medium density residential land use map designation.
[20:43] The proposed church should not impede
[20:45] the improvement or development of surrounding properties.
[20:49] Item E, the site is reserved by existing private will
[20:54] and on site sewage system which will be subject to state
[20:58] and county health regulations.
[21:00] Item F, access to the church will be through Cardinal Road,
[21:06] and the applicable William Bridges overlay and standards
[21:10] including parking, drainage, and accessibility standards
[21:13] will be subject to the federal, state, and county regulation.
[21:18] Item G, the church poses a minimal impact on traffic
[21:23] lightly, with light daily short term volume
[21:26] surges during off peak hours with outreach events.
[21:33] Item H, the screening and buffering
[21:37] will be evaluated at the time of site development.
[21:40] Item a-- item I, the signage and exterior lighting
[21:45] will have permanent review.
[21:47] Item j, the proposal of the church by conditional use permit
[21:50] is subject to -- subject to district regulations.
[21:56] Item k, the 2025 policy, f l .01.02 B permits community
[22:06] facilities and the medium residential land use element,
[22:10] and the objective F l .01 provides
[22:15] that the church is compatible with surrounding land use.
[22:20] As community land development.
[22:24] In conclusion, staff find the requested action
[22:29] to be consistent with the conditional review use material
[22:36] of the Land Development Code.
[22:39] And staff recommends approval of conditional use 2026-002
[22:45] for conditional use permit pursuant to section 22.03
[22:51] subsection K. For a church in the Open Rural Zoning District
[22:56] subject to the following conditions.
[22:59] One, the rights assigned by this order shall run with the land,
[23:05] and two, the applicant shall undergo review
[23:08] by the development Review Committee and receive approvals
[23:10] for all site improvements not limited to parking landscaping,
[23:17] public facilities and service ratio ,
[23:25] in the roadway and drainage standards of ordinance 99-17.
[23:29] I'm happy to answer any questions you have.
[23:33] >> Thank you.
[23:38] We will now call the applicant up for for the presentation.
[23:43] Is the applicant present?
[23:57] Please come up.
[24:18] >> If you'll just state the name for the record and address.
[24:21] If you wish to rely on staff's recommendation,
[24:23] you may waive your presentation.
[24:36] >> The address for the church?
[24:37] >> That will be sufficient.
[24:47] >> 864114 Cardinal road (indistinct)
[25:06] >> Do you wish to give us a presentation?
[25:08] >> Thank you for working and God bless you everybody.
[25:10] >> Thank you sir.
[25:17] >> We will now call to the podium those who have made
[25:19] a public comment card to speak on tab B.
[25:21] I do have one comment and that would be from Mr. Harper.
[25:49] >> Good afternoon.
[25:51] >> Do you swear and affirm the testimony you're about to give
[25:53] is the truth?
[25:53] >> I do.
[25:53] >> Will you state your name and address for the record
[25:55] >> John Everhart senior, 8609 Lithuania Lane and Uihlein.
[26:01] I live off of Cardinal.
[26:05] Athena is my private road, and we get a lot of traffic
[26:09] through there.
[26:10] We got people coming and they get off on William Burgess
[26:18] and come through that way to get away
[26:20] from that railroad track holding you up quite a bit.
[26:23] We've now got a yellow stripe that the county just
[26:28] added this week, and we've got speed bumps.
[26:31] But we've got people coming through there
[26:33] to take a shortcut, and also if you go across the railroad
[26:37] tracks, you're gonna go to Hart's Road
[26:40] and go down to Cardinal and if you
[26:41] want to make a quick turnaround, you
[26:43] can go back to Harkes or down Cardinal.
[26:46] We do have quite a bit of traffic.
[26:49] And it's pretty much all the time.
[26:54] My question is is this just going to be a church?
[27:00] I've heard rumors that they're going
[27:01] to have people living there.
[27:02] And if they're living there, that's not a church.
[27:07] That's apartment complexes.
[27:09] And I'd like to see that get cleared up tonight.
[27:14] Anyway, I've said my piece so thank you.
[27:20] >> Thank you, sir.
[27:21] We now call Courtney Burns.
[27:43] >> Do you swear your testimony is the proof in all truth?
[27:45] >> My name is Courtney Burns, 86465 Cardinal Road.
[27:47] After reviewing the conditional use application submitted,
[27:50] I have several questions regarding the application
[27:52] and staff report.
[27:53] The application instructs the applicant
[27:55] to provide as much detail as possible, however,
[27:57] much of the application lacks the information
[28:00] necessary for the board to fully appreciate the request.
[28:04] Question for ask for conditional use of what is requested.
[28:10] The applicant's entire response is church religious purposes.
[28:13] Can the applicant provide additional details?
[28:16] Will this property be used only for regularly scheduled worship
[28:20] services, or will it also include
[28:21] activities such as a daycare, preschool, food pantry,
[28:25] weddings, funerals, revival meetings, special events,
[28:28] or community outreach?
[28:31] On page seven, answers A through K
[28:34] are answered with only yes or no with no supporting information.
[28:39] Because they require basically no information,
[28:41] I question how the staff report can
[28:43] conclude that the conditional criteria have been satisfied.
[28:46] Question a addresses compatibility
[28:48] with surrounding usage.
[28:52] This has only occurring during off peak hours.
[28:57] How is that determined?
[29:02] It may be industrial, but compared
[29:06] to the residential use on Cardinal Road,
[29:08] it represents a substantial change.
[29:11] The proposed use is more traffic,
[29:17] and noise that does not currently
[29:19] exist in this residential area.
[29:21] What does the county consider off peak hours?
[29:23] Many church activities occur during evenings and weekends
[29:26] when families are outside walking,
[29:29] children are riding bikes, and residents are utilizing
[29:31] Cardinal Road for recreation.
[29:33] Cardinal Road has no sidewalks, and only limited shoulders,
[29:37] raising legitimate pedestrian safety concerns.
[29:41] Question F and G address roadway adequacy and drainage.
[29:45] The staff report concludes the property
[29:49] will meet roadway standards.
[29:52] Has the applicant submitted a traffic impact study?
[29:55] How many vehicle trips are inspected
[29:57] during regular services or special events?
[29:59] Has the county engineer determined
[30:01] that Cardinal Road can safely accommodate anticipated traffic?
[30:04] Has fire and Rescue reviewed the proposed site
[30:08] to ensure emergency access is adequate?
[30:12] I also asked the board to consider the neighboring home
[30:17] impact.
[30:18] Regarding drainage, the property is currently wooded.
[30:21] How much impervious surface is proposed?
[30:24] Will the site be filled before construction?
[30:27] Has any analysis been completed to determine
[30:30] whether stormwater runoff will affect neighboring homes?
[30:33] Question I addresses exterior lighting.
[30:35] Although any lighting may comply with county code,
[30:38] there's currently no streetlights.
[30:40] Even shielded lighting will address artificial light
[30:42] into an area that is currently rural and dark.
[30:45] Has that impact on homes been evaluated?
[30:50] I just want to be clear that my concerns are not
[30:54] about the religious nature of the application,
[30:56] but whether the location is appropriate for institutional
[30:59] use and whether the evidence required to confirm
[31:04] has been provided.
[31:19] >> Thank you.
[31:20] Next I will call James Thompson.
[31:28] >> Good evening.
[31:29] I am James Thompson.
[31:29] I appreciate you taking the time.
[31:29] >> We need to swear you in real quick sir.
[31:29] >> Do you swear that the testimony you're about to give
[31:31] is the whole truth and nothing but the truth?
[31:33] >> I appreciate the jobs that you all do.
[31:36] I was in public for a long time so I know what it's like.
[31:40] But I do appreciate it.
[31:44] I live at Cardinal Road, and this
[31:48] will impact the area that I live in,
[31:49] and it's right down the street from me.
[31:51] I'm not opposed to anything God is building
[31:55] and I want to say that right up front.
[31:57] What I am opposed to is if it will stay zoned for churches
[32:01] only.
[32:02] Is somebody going to you open a pig farm right down the road
[32:09] from me?
[32:10] Those are my concerns.
[32:13] I know several residents in here as well
[32:17] that have the same concern.
[32:19] I ditto everything that Mr. Burns said.
[32:22] I thought she had a great presentation
[32:26] and I wish I would have had time to look up and see.
[32:30] I see how these things impact emergency services
[32:33] and you know that as well.
[32:35] What I ask now is that you take this into consideration
[32:38] of things that she brought to your attention,
[32:41] and can these be changed in something else be built there?
[32:45] I don't know anything about this particular church group and I
[32:48] have nothing about -- nothing against God,
[32:51] and I'm all for church, but what can they do there?
[32:56] The Pentecostals have all kinds of different things,
[32:59] and I know that.
[33:00] Good and bad.
[33:01] So keep that in mind as well.
[33:05] But how is it going to impact our neighborhood?
[33:07] I'm not in favor of it.
[33:09] And I think it was going on one of y'all's roads,
[33:13] you would have the same things to be concerned about.
[33:15] Think about that.
[33:16] Thank you so >> Appreciate it.
[33:28] Thank you Mr. Thompson.
[33:29] Call for Barry Woods.
[33:29] If you will please step forward and get sworn in.
[33:29] >> Do you swear this is the truth and nothing but the truth
[33:31] so help you God?
[33:32] >> Yes Ma'am.
[33:33] My name is Barry Woods and I live at 86125 Cardinal Road,
[33:36] and I'm probably part of the reason why a lot of these people
[33:39] are here today.
[33:40] I worked in construction since I was a kid,
[33:43] so I know a lot about development,
[33:45] and one of the things that really concerns me is I
[33:49] ran a feasibility study of this land use,
[33:53] and they used environmental impacts,
[33:58] because our neighborhood is flooded with deer and gopher
[34:02] and turtles everywhere and they're an endangered species,
[34:05] so how would this impact that?
[34:06] Churches now have a lot of powers with religious land use
[34:10] and institutionalized people, in which it becomes a church,
[34:19] there's powers above what the board
[34:21] is allowed to hear and allow peer community churches do
[34:24] this as a flip for profit.
[34:26] The church that they're having currently was purchased
[34:34] for $130,000 in 2015, and currently the price
[34:40] of the property is $2 million.
[34:42] So they got $1.9 million windfall off the sign
[34:46] of it being conditional use.
[34:48] The same property would be impacted in our neighborhood
[34:50] the same way.
[34:52] So all these things are -- besides all the points that
[34:58] everybody has brought up, there's many other things that
[35:01] this could be and it's not particularly explained
[35:07] perfectly.
[35:08] I don't want our county being corrupt.
[35:15] I think it will have a huge impact on this neighborhood
[35:18] and I hope y'all deny it.
[35:21] Thank you very much.
[35:24] >> We will now call Mr. Lawrence France.
[35:45] >> Do you swear in affirm that this is the truth the whole
[35:47] truth so help you God?
[35:47] Will you state your name and address for the record?
[35:47] >> My name is Lawrence France and I live on Cardinal Road.
[35:50] I've been there since June of 89.
[35:51] It's been a residential area the whole time.
[35:55] Until just recently.
[35:59] Now on Dove Road and Cathy Road, there is a dump
[36:05] Trump double Dutch dump truck company,
[36:07] an all day long we have these dump trucks lumbering
[36:10] up and down the road.
[36:12] There's another commercial property there that y'all have
[36:15] recently approved.
[36:16] The church in the area --
[36:21] I don't think it's a good idea.
[36:23] Like Kathy Burns said, the lighting
[36:26] would be terrible for it, and I don't need all the traffic
[36:32] up and down there.
[36:33] We had a lot more traffic when you rerouted
[36:35] William Burgess for a while.
[36:37] That was terrible in our neighborhood.
[36:40] And I don't think a church is gonna help anymore.
[36:45] Also, I'm not against churches, but I
[36:49] think they should be in a commercial area and not
[36:53] in a residential area.
[36:55] That's pretty much all I have.
[37:12] >> Thank you sir.
[37:12] That is all the comment cards I have
[37:12] for tab B. I want to make sure I'm not missing anybody.
[37:15] If you'll bring that over to the court please sir.
[37:25] >> Do you swear or affirm that the testimony you're about
[37:27] to give is the whole truth and nothing but the truth so help
[37:27] you God please state your name and address for the record
[37:27] please.
[37:27] >> David Kennedy, 86023 Cardinal Road.
[37:29] This is my first meeting ever.
[37:30] I don't really come to these things.
[37:33] I'm actually new to the area and I've known --
[37:35] owned my house for about two years now.
[37:38] I moved there for my daughter who is nine,
[37:41] and it was a nice quiet neighborhood
[37:44] until about six months later when you guys built the thruway
[37:48] that the previous speaker talked about that
[37:50] built a ton of traffic through that area.
[37:54] Right where my daughter rides her bike and her scooter
[37:57] and plays outside, and all of my neighbors who have children
[38:01] are the same.
[38:02] For months and months, we were told over and over again that
[38:06] the roundabout was delayed and delayed ,
[38:11] and people came through that thruway until 2 or 3
[38:14] in the morning blasting music and speeding and doing things
[38:19] that make me concerned for my daughter's safety.
[38:22] Whenever you bring people from outside our community
[38:25] into the community, I believe it's
[38:28] proven that crime and other things can go up.
[38:33] We don't know who would be going to this church,
[38:36] but from what I've understood, it doesn't seem like they have
[38:41] very good numbers as far as understanding what
[38:43] the appearance --
[38:44] attendees would be and what traffic
[38:47] would be like and what time they would be open till.
[38:50] It doesn't sound like there's been really any for that
[38:53] into how this property would be used.
[38:56] I don't know if I'm allowed to ask a question
[38:58] and be allowed to get an answer.
[39:00] But if this is zoned, does that remain a commercial property
[39:04] forever?
[39:07] >> Mr. Chair, may I?
[39:09] This is not a rezoning.
[39:12] Conditional use is a use that has
[39:14] been identified as a proper use within its current zoning
[39:16] district.
[39:17] With certain conditions and limited number and location.
[39:22] So that's what's being approved is conditional use.
[39:26] And to answer another question or concern
[39:28] from earlier, the conditional use is for church only.
[39:32] No other use, conditional or not.
[39:36] Can be approved there without being back before this board.
[39:40] And there's a list of permitted uses
[39:42] that are by right that anybody can do on the land.
[39:47] The conditional uses have been identified as appropriate
[39:50] for this zoning district when they have conditions
[39:52] such as has been raised by staff tonight and approved
[39:56] by this board.
[39:57] It's not commercial at all.
[39:59] It doesn't change your zoning district at all.
[40:03] >> Well I've known churches to have farmers markets and giant
[40:08] events and funerals and weddings and all sorts of things that
[40:12] just because they're at church, they're operating
[40:16] as a commercial property.
[40:20] They have enough people to be in a commercial property.
[40:24] >> No sir, they are not acting as a commercial.
[40:27] It doesn't mean they're protected forever.
[40:30] Please no talking.
[40:37] It means we can't place undue restrictions on religious use.
[40:42] It is religious use, and that is not
[40:45] in our definition or the law a commercial use.
[40:49] >> I understand that and maybe that's strictly
[40:51] because they're not paying taxes or making money off the people
[40:53] that are coming in, but my point is it still has an impact
[40:57] to the community, and it has an impact to my daughter
[41:00] and the house that I just bought.
[41:02] So in my opinion, I don't really understand why it would even
[41:06] be warranted to put it there.
[41:08] It's a residential area so I don't know why there's a church
[41:13] -- there's a church right down the street.
[41:14] So that's what I think and thanks for listening.
[41:18] >> Thank you sir.
[41:33] >> I would normally ask for cross examination or rebuttal,
[41:35] but I'm not sure -- we will do this last one.
[41:50] >> Do you swear the testimony you're about to give is
[41:53] the truth and nothing but the truth?
[41:53] Please state your name and address for the record.
[41:53] >> My name is Beth Peshek and I live at 86342 Cardinal Road,
[41:55] which is directly parallel from the power lines from it.
[41:59] My big concern is the size of the road,
[42:02] and like everyone has discussed here, the traffic coming through
[42:06] here, because it has exponentially
[42:07] increased in the 12 years since I bought their.
[42:13] It's just a lot of -- the privacy and the in, and like I
[42:19] said when they did the roundabouts from William Burgess
[42:22] as a Thruway, it was all the time, and there's not the 35mph,
[42:28] and you really have to go slower to get two cars through there
[42:32] now, so my concern is just all that traffic that's already been
[42:37] there.
[42:37] Any other concerns, that's my main one.
[42:42] So thank you.
[42:45] >> Thank you.
[42:48] >> So normally with a cross-examination,
[42:49] we would do that with the -- >> If you wish to actually address
[42:55] any of the concerns tonight, Mr. Applicant,
[42:57] you are quite welcome to address or rebut any of the evidence
[43:01] presented.
[43:35] >> Good afternoon.
[43:36] I Kayla Thompson.
[43:36] >> Do you swear or affirm the testimony you're about to give
[43:36] is the whole truth and nothing but the truth?
[43:36] >> Yes.
[43:36] Mr. Santana has limited English proficiency,
[43:38] so I'm just here for translating if there are any questions.
[43:50] English
[44:13] >> So the church is not trying to create any problems
[44:15] for the community.
[44:15] The church is to heal the community.
[44:17] The building is inside of the property ,
[44:23] like any other house or residence.
[44:28] So pretty much the same driveway entry you have for a house
[44:33] is what you would expect when you drive up to the church.
[44:38] According to the regulations , the church has people that
[44:47] control the traffic.
[44:50] To avoid any problems.
[45:01] The church is a private property like any other house
[45:06] or residence or place.
[45:13] And what they're doing in the building
[45:17] is part of any church function.
[45:28] The construction of the church won't
[45:31] impede any form of traffic or anything in the community.
[45:40] So the church did not present -- the building of the church did
[45:46] not present any problems for the community.
[45:52] What they're going to do is for the people who have problems
[45:56] with the construction of the church -- before they begin ,
[46:08] the church is pretty much to heal people once again.
[46:11] And the church is for the well-being of the community.
[46:15] So there aren't any alcoholics, no drug addicts,
[46:20] and so the people change for the good.
[46:37] >> Can you ask him what would be the primary days of operation
[46:40] for that church?
[46:40] A lot of churches are basically Wednesdays and Sundays
[46:40] and limited activities through the week.
[46:40] But what would be the primary days in that community
[46:42] that that church would be in operation?
[47:05] >> And their church and service time.
[47:13] >> Said Thursdays and Sundays --
[47:14] Thursdays from 7 to 9 p.m.
[47:15] And Sundays from 12 to 4 p.m.. --
[47:22] 2 to 4.
[47:29] It's a rented place.
[47:33] So the place that they have currently is rented
[47:37] and they're trying to build this place so that they
[47:41] can hold their services better.
[47:46] Especially for the Hispanic community.
[48:07] >> We don't think it will be a lot of traffic.
[48:08] I understand the concern, but really as a community,
[48:11] we are very quiet, and we follow the rules,
[48:13] and also, we try to respect people.
[48:16] If I know the neighbors across, we
[48:19] are not people who will make big loud parties and music.
[48:23] We always respect people and -- it's not like we want to go
[48:36] and change it -- like a family.
[48:48] We're not going to do crime like I heard somebody say --
[49:01] every Sunday we have a meeting and we follow the traffic and we
[49:08] make sure that nobody is around the area when we go out.
[49:12] We have been for years in the church in renting
[49:16] and we don't have any problems.
[49:21] We don't have any problems with the neighbors or the people
[49:23] that go by.
[49:24] And thank you very much and I think
[49:26] that will be a good thing for our community.
[49:30] Because our neighbors and families
[49:35] need God and our meaning is for good
[49:39] in changing their lives for good.
[49:40] God bless you.
[49:43] >> I think we might have a few more if we could just go ahead.
[49:46] I have a couple really quick if you could ask.
[49:49] Do you know if they have plans on having a preschool
[49:52] or anything like that?
[49:54] Or any living quarters for a pastor
[49:57] or assistant pastor or anything like that?
[49:59] Do they have plans for that?
[50:18] >> Our plans in the future are not for housing or schooling.
[50:21] It's just for church come on Monday come
[50:21] on Wednesday come on Sunday.
[50:22] No Preschooling or housing is in our budget.
[50:28] >> And if you'll just wait there for one more question.
[50:35] If that was to change and they were
[50:38] going to put housing there or anything,
[50:40] would that end up being in the code enforcement issue?
[50:45] >> It would, but I would defer to planning that, as you said,
[50:50] a rectory or pastor is a supplementary use as there
[50:53] within conditional use as.
[50:55] That would be to allow a pastor to live on site.
[50:58] It would not allow for rental housing for anybody else.
[51:03] >> Just the pastor and immediate family?
[51:06] >> Correct.
[51:07] But no daycare.
[51:08] That would have to come back before you.
[51:12] This is church services and potentially if a pastor
[51:17] needed to live on site as a rectory,
[51:19] that would be allowed as a supplementary or accessory use.
[51:23] >> I wanted to ask that for me and I think Mrs.
[51:25] Burns was also asking along those >> To add to that
[51:40] in article 32 -- >> Do you swear and affirm that the testimony
[51:42] that you are saying is the truth?
[51:42] Say your name and address.
[51:42] >> I'm from the planning department.
[51:43] To refer you to article 32 from the Land Development Code,
[51:45] the devastation of a church is a building --
[51:49] the definition of a church is a building with established
[51:54] religions as a place of worship.
[51:56] Such building may include but is not
[51:58] limited to a residential area for the pastor
[52:00] or resident of the sect, educational facilities,
[52:03] and other structures.
[52:07] >> But notably, not child care.
[52:10] >> And through the chair, on the conditions of approval,
[52:15] is this rooms with the land.
[52:17] Is that correct?
[52:19] Which means it doesn't change to come into effect here.
[52:26] >> Correct, and to remind you all,
[52:28] conditional uses as a starting point don't run with the land.
[52:31] There are only specific times that we
[52:33] can allow that to happen.
[52:34] Cemeteries are a conditional use,
[52:37] but we don't expect them to give up their land.
[52:42] Here they are going to build an actual structure.
[52:48] Should they ever abandon your, it cannot be anything
[52:50] but a church.
[52:51] When it runs with the land, we will file that
[52:54] in the Clerk of courts so that's the only conditional use that's
[52:57] allowed there.
[52:59] >> And therefore it will be a restriction?
[53:03] >> Innocence, yes.
[53:06] >> So this usage is if the county VOC accepts it
[53:11] or whatever the case may be?
[53:13] It runs with the land for now.
[53:31] >> This does not go to the board of County Commissioners.
[53:34] It's filed and will be filed at the property itself.
[53:34] Does any other member have questions before we move on?
[53:36] Thank you very much.
[53:57] >> I have a question for staff.
[53:59] Elizabeth, would you clarify or --
[53:59] I know staff said, but if you could
[53:59] verify that all of the building restrictions
[53:59] as far as traffic study, buffering, landscape,
[54:00] or environmental will be done at the time?
[54:03] >> As you just stated and is in the conditions,
[54:06] this is just the first step in the approval process
[54:08] for the church.
[54:10] If approved, the applicant will be
[54:14] required to come back and go through the site engineering
[54:18] process and have a submittal application
[54:21] process with the Developmental Review Committee.
[54:23] After that they submit plans.
[54:26] We do have in the room somebody with developmental services
[54:29] engineers stormwater as well, but they will review it
[54:32] at that time so that all the drainage and stormwater
[54:36] requirements are ensured to be met,
[54:38] and buffering and screening requirements,
[54:40] and they will have complimentary land use
[54:43] buffers to the north, east and south of the property,
[54:46] and along the frontage of the property
[54:48] they will be required to have a perimeter landscape strip,
[54:51] and that consists of canopy trees, understory trees,
[54:56] and shrubbery within a defined distance.
[55:00] Environmental review, so tortoises are protected status
[55:05] in the state of Florida and it's illegal to destroy a burrow
[55:08] or relocate gopher tortoises.
[55:10] You have to go through the appropriate channels for that.
[55:14] There's wetlands on the site.
[55:16] If they do not mitigate against the wetlands,
[55:18] they have to maintain offers and cannot build on wetland system.
[55:24] If there's any flood, or special flood hazard area,
[55:28] they would have to maintain a 60% open space on the site.
[55:32] Additionally there in the William Bridges district
[55:35] overlay, so they do have to adhere
[55:36] to the design regulations that are in the William Burgess
[55:40] District blueprint.
[55:41] The context and Connectivity blueprint.
[55:45] So they will have architectural standards for transparency,
[55:49] windows, and more elevated standards
[55:54] than what the current buildings had to comply with in that area.
[56:00] And since they're in the William Burgess district,
[56:03] they do have to adhere to dark sky friendly lighting.
[56:07] So it will be downcast and there can be no lights
[56:12] village on adjacent properties.
[56:14] They have to submit a plan showing
[56:16] they're not having that light spillage on adjacent properties.
[56:21] >> Thank you.
[56:40] >> Can I have a follow up question?
[56:42] This was just clarify something that she answered that I asked.
[56:42] She said that before site work is
[56:42] done that it will be evaluated for stormwater
[56:42] drainage and that type of that type of thing.
[56:44] There were multiple deliveries of rock and dirt delivered
[56:46] to the site today.
[56:48] So the studies have to be done before work can start
[56:51] and those types of things start being delivered?
[56:54] Because there were multiple dump trucks in and out
[56:56] of the site today delivering those types of items.
[57:00] >> To respond to that, Katie P, our stormwater director is here
[57:04] in the room.
[57:05] So she and her staff can definitely follow up on that.
[57:25] >> If you believe that a violation has occurred.
[57:27] >> If we haven't established the stormwater,
[57:27] what runoff will happen with site build in that type of thing
[57:27] to the property?
[57:27] Like I say, multiple dump loads full of rock and gravel
[57:30] were delivered today.
[57:55] >> Mr. Chairman?
[58:00] >> Do you swear and affirm the testimony you're about to give
[58:03] is the truth and whole truth so help you God?
[58:03] >> Katie P, stormwater and drain management director.
[58:03] As far as fill being brought in, that is regulated through G c --
[58:05] DRC.
[58:05] If we know that's going through DRC,
[58:08] that's regulated through our developmental Services
[58:10] department.
[58:10] We do have old typography that we
[58:14] can look at if dirt was spread prior that we haven't had before
[58:19] and after, but we can definitely follow up on code enforcement
[58:23] if that's something that needs to be addressed at this time.
[58:44] >> Just a follow up Question, would you require them to change
[58:46] it?
[58:46] I'd like to remove the dirt that was put prior to removal
[58:46] back to its previous topography?
[58:46] >> Correct.
[58:47] For the stormwater drainage, they have to meet our review.
[58:52] >> And inspections are done throughout?
[58:54] >> Correct.
[58:56] >> Are you familiar with this parcel?
[59:14] >> I did look at it prior to this meeting.
[59:16] >> Are there wetlands on it?
[59:17] >> They have not been officially delineated.
[59:27] >> Thank you do we have any final comments from staff?
[59:29] >> Not unless you have any additional questions.
[59:38] >> I just want to make one comment,
[59:40] and I think this is the right way to look at things that come
[59:40] before us.
[59:40] It is a sequential process, and just becomes someone comes
[59:45] before this board -- if it is a yes ,
[59:52] that does not mean that that individual or entity can go do
[59:57] what they want to do.
[1:00:00] I'm pleased that we have a process in this county that is
[1:00:06] sequential, and the Development Review Committee is checks
[1:00:11] and balances and I've seen it work ,
[1:00:17] and these things will be addressed at the next level.
[1:00:21] What we're dealing with is property rights.
[1:00:30] Do we have any other board questions from anyone?
[1:00:36] >> To piggyback on my fellow board member,
[1:00:42] we take it to heart that what we're deliberating is the law.
[1:00:48] The process that follows this is an open invitation to pain
[1:00:54] if you haven't been through the DRC, you should try it one time.
[1:01:00] They will make you deliver on every single aspect and land
[1:01:06] development code.
[1:01:07] So this has to do with private property rights and the law,
[1:01:13] which we're here to deliberate, and appreciate the comments,
[1:01:16] but I have a whole string of notes here of speakers
[1:01:22] in their comments which I think must have been answered by staff
[1:01:26] or our county attorney.
[1:01:29] So I'm very happy that there is a deliberate process
[1:01:34] as my fellow board member said that follows this.
[1:01:39] It's an open invitation to pain.
[1:01:43] If you haven't tried it, go through it,
[1:01:46] but I applaud staff for the recommendation.
[1:02:09] >> Public hearing for Tab B is closed.
[1:02:10] Do we have any board deliberation?
[1:02:10] I will entertain a motion for approval or denial of see u
[1:02:13] 206-002.
[1:02:25] >> Mr. Chair, based upon the record evidence and testimony
[1:02:27] received, I find that there is competent and substantial
[1:02:27] evidence pursuant to the Land Development Code section 22.03 K
[1:02:27] and section 5.0 4k --
[1:02:27] A through K, conditional use reveal criteria,
[1:02:29] and therefore my motion is to approve
[1:02:31] CU2026-002, subject to conditions contained
[1:02:37] within the staff report.
[1:02:58] >> Motion made by board member Morriss and seconded by Hinson.
[1:03:00] Call the vote.
[1:03:00] >> Hodges, Hinson, blue, Morris, Valenta, and cherry Erickson.
[1:03:03] The motion carries.
[1:03:20] >> Regarding Tab, does any member have ex communication
[1:03:23] to expose?
[1:03:23] Please identify the documents being placed into the record.
[1:03:23] >> Application for rezoning nine pages, staff report six pages,
[1:03:25] and Nassau County business impact estimate two pages
[1:03:29] in staff presentation 12 pages.
[1:03:32] >> Thank you.
[1:03:33] I'll entertain a motion to accept
[1:03:34] the motions into documents for tap C. Motion is seconded.
[1:03:38] All in favor say I. All opposed say nay. >> The floor now
[1:04:29] open for public with Tab C. begin with staff presentation.
[1:04:36] >> you swear or affirm testimony you're about give is the truth
[1:04:39] the whole truth nothing but the truth?
[1:04:39] I do.
[1:04:39] >> your name for the >> Will writer, Department.
[1:04:39] This is a to rezone approximately and a half acres
[1:04:39] from commercial intensive to transect based zoning district,
[1:04:42] urban transitional zone T 3.5.
[1:04:45] This is the accompanying rezoning application
[1:04:53] to the comprehensive Plan Amendment application
[1:04:57] that you heard prior.
[1:05:24] Would you like me to proceed sir?
[1:05:28] I appreciate your attention.
[1:05:31] The owner is Judith Turner Ellie and Nassau
[1:05:35] County is serving as the agent.
[1:05:38] Again, this may look familiar to you
[1:05:41] tonight or previous to tonight, where
[1:05:45] we have a vacant property at the corner of SR 200 and Harry
[1:05:51] Green.
[1:05:51] It's outlined in red and about a quarter mile
[1:05:54] from SR 2200 section.
[1:05:59] This is the design overlay regulating map, otherwise known
[1:06:04] as flume 11.
[1:06:06] And you can see that the request to rezone it
[1:06:12] corresponds with this zoning district and future land use map
[1:06:18] designation.
[1:06:19] Current land use is commercial for recommendation
[1:06:25] previously to change that land use designation to T-1-5.
[1:06:32] Your recommendation to rezone this to T3-0.5 would make it
[1:06:38] consistent with the recommendation you gave earlier.
[1:06:41] Now a quick look at the permitted uses
[1:06:47] is it allows single family or multifamily townhouses,
[1:06:52] hotels, and mixed use resorts.
[1:06:55] The key here is as a minimum residential requirement
[1:06:59] of five units per acre, with a maximum of ten.
[1:07:04] You can also develop it with offices,
[1:07:08] and each type of officer as you can
[1:07:10] see on this slide, and service establishments
[1:07:13] and basic commercial uses like retail restaurants
[1:07:17] and supermarkets and that sort of thing.
[1:07:23] Also public and quasi public uses and education facilities .
[1:07:53] Like the list you entertain tonight
[1:07:55] like venues and automated drive thru facilities.
[1:07:55] It's consistent with a comprehensive plan.
[1:07:55] It's designated T3-5 on the future land use
[1:07:55] map which is an element of the Comprehensive Plan.
[1:07:57] It's intended for this type of development
[1:07:59] and it allows mixed use residential use, and it
[1:08:07] it's designed to promote the compact development
[1:08:12] that we're looking for and there's public sewers available,
[1:08:21] and I already mentioned it being an infilled opportunity.
[1:08:23] Can enable the extension of SR 200 intersection,
[1:08:27] all of which are as low -- labeled T3-5.
[1:08:32] And it's consistent with the zoning that we just mentioned,
[1:08:39] and it's compatible now with commercial land use designation
[1:08:45] and commercial intensive zoning, but will be as well if both this
[1:08:51] and its accompanying application and it's
[1:08:55] consistent with the comprehensive plan.
[1:08:59] I think most of all these were discussed
[1:09:03] when we looked at the map and we talked about the consistency
[1:09:08] with comprehensive plans.
[1:09:09] We find it's consistent with the comprehensive plan and the Land
[1:09:13] Development code.
[1:09:18] >> Thank you.
[1:09:22] And I have no public comment cards for Tab C.
[1:09:26] Do we have any cross examination or rebuttal quotes
[1:09:30] any final comments from Staff?
[1:09:33] Any more questions from anyone?
[1:09:39] Public hearing for Tab C is now closed.
[1:09:41] Do we have any final board deliberation?
[1:09:46] I will entertain a vote for this ordinance.
[1:10:12] >> Mr. Chairman, previously I made the motion earlier
[1:10:14] for the flow of this, and I want to make the recommendation that
[1:10:14] based upon the record evidence and testimony received,
[1:10:14] I find that there's competent and substantial evidence
[1:10:17] pursuant to these policies and policies 0806828 of the Nassau
[1:10:43] Comprehensive Plan in section 5.02 section C and section 5.02
[1:10:50] D, one through eight of the Nassau County Land Development
[1:10:54] Code, and therefore my motion is to recommend approval
[1:10:58] of our 26-007.
[1:11:05] >> Motion made by board member?
[1:11:08] Seconded by Doctor Blue.
[1:11:11] County Clerk, please call the vote.
[1:11:15] >>?
[1:11:16] Morris?
[1:11:17] Blu?
[1:11:17] Van dike?
[1:11:19] Hanson?
[1:11:20] And board member Hodges?
[1:11:24] Chair Ericksen?
[1:11:26] That's Seven Eyes and Zero nays.
[1:11:28] It carries.
[1:11:30] >> Do we have any general public comments?
[1:11:32] Do we have any further board business?
[1:11:36] Our next meeting will be September 1st?
[1:11:39] Have a good night.