[Music] [Music] [Music] [Music] [Music] [Music] [Music] Board of County Commissioners acts as a quasi judicial body when ad hears requests for rezoning and conditional use permits applicants must provide competent substantial evidence establishing facts or expert witness opinion testimony showing that the request meets the zoning code and comprehensive plan criteria opponents must also testify as to facts or provide expert testimony whether they like or dislike a request is not competent evidence the board must then decide whether the evidence demonstrates consistency and compatibility with the comprehensive plan and the existing rules in the zoning ordinance property adjacent to the property to be reson and the actual development of the surrounding area the board cannot consider speculation non-expert opinion testimony or pull the Audience by asking those in favor or oppos to stand stand up or raise their hands if a commissioner has had Communications regarding a rezoning or conditional use permit request before the board the commissioner must disclose the subject of the communication and the identity of the person group or entity with whom the communication took place before the board takes action on the request likewise if a commissioner has made a site visit inspection or investigation the commissioner must disclose that fact before the board takes action on the request each applicant is allowed a total of 15 minutes to present their request unless time is extended by majority already vote of the board the applicant May Reserve any portion of the 15 minutes for rebuttal other speakers are allowed 5 minutes to speak speakers may not pass their time to someone else in order to give that person more time to speak welcome to the Thursday February 1st 2024 zoning meeting um I think you've just heard what uh needs to be done here but if you wish to speak on any item and you have not filled out a speaker card please address the board um shall have you've already heard that stuff I'm sorry I'm feel like I'm Joe Biden up here tonight excuse me so anyway the board of county commissioner requested speakers appearing under the public comment section of the agenda limit their comments or presentation to matters of the board jurisdiction it is a responsibility of the chair to determine the time limit comments under public comments and other agenda items there are no quasi judicial public hearings and quasi judicial proceedings there are special rules and regulations in regard to the amount of minutes that you can spend today so with that I would like to uh ask if we would please for an invocation by Reverend Jeff Jeffrey gr let us be in the spirit of prayer dear father mother parent God We Gather this evening intent on doing good work we seek to represent fairly and well those who have given us this task May our efforts be blessed with Insight Guided by understanding in wisdom we meet to serve our community to use our resources wisely and well to represent all members of our community and to make decisions that promote the good of everyone we recognize our responsibility to the past and to the Future and to the rights and needs of both individuals and Community as trusted servants we ask your blessing on our deliberations and on our efforts here today as we seek to serve all with respect guide our hearts and our minds and impart our wisdom upon our activities so that our Affairs May reach a successful conclusion thank you for being our source of God guidance today and every day amen am okay if we could please stand for the pledge by commissioner John toaya to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all thank you uh G1 Jeff are you handling this sir could I just real quick uh like thank you thank motion to allow uh commissioner Goodson to participate by phone there's a motion on the floor to allow commissioner Goodson to be remotely in this meeting and I believe commissioner Goodson's on the line now uh is there a second to that motion motion and a second motion by Comm commissioner feltner Comm second by commissioner toaya all in favor signify by saying I I all oppose nay very good commissioner Goodson you are in the meeting um thank you sir yes Jeff thank you sir uh item items G1 and G2 are companion applications I'm going to read them into the record simultaneously however you need to have separate motions for each of them so G1 is 3955 Kings Highway LLC requests a small scale comprehensive plan Amendment 23 as .11 to change of future land use designation from res 8 in cc to all CC um application number is 23 SS 000011 tax account number is 242 3666 located in District 1 item G2 is 3955 Kings Highway LLC requests a change zoning classification from Au and bu-2 to all be-2 application number is 23z 0049 tax account number is 242 3666 also located in District 1 thank you before we get into that I apologize I miss the approval of the minutes uh can I have a motion to approve the regular meeting minutes for 11:14 23 please so moved a motion is there a second I'll second motion by commissioner toaya seconded by commissioner felner all in favor signify by saying I I I'll oppose nay motion carries uh there is no consent agenda today and do you want to um this is in your District yes sir do you want go ahead and hear Brian first it's the applicant but this is super easy unless he wants to talk I was going to make a motion to go ahead and approve item G1 the small scale comprehensive plan amendment is there a second second a motion by commissioner pritet and a second by commissioner feltner any discussion hearing no discussion all in favor signify by saying I the motion carries sir I'd like to go ahead and do the companion motion and make a motion to request the change in the zoning classification from Au to bu2 to all bu2 there's a motion on the floor by commissioner pritet to approve G2 is there a second second there's a second by commissioner toaya any discussion hearing no discussion all in favor signify by saying I I all oppos May the motion carries okay G3 G3 is anab Beth nario requests a change The Zing classification from ru- 1-9 to ru- 1-11 application number is 23z 0079 tax account number is 23201 63 Lo district one thank you commissioner P do you want to hear same thing this is is easy to do so I was going to make a motion if the applicant's okay to go ahead and approve the applicant here okay thank you so we're going to uh make a motion to approve the zoning classification from ru 1 19 to ru11 motion on the floor to approve agenda item G3 is there a second second seconded by commissioner toaya any discussion hearing no discussion all in favor signify by saying I all oppos a motion carries G4 Jeff G4 is Florida Dealer Center LLC request a change of zoning classification from bu-1 and bu-2 with an existing bdp to all bu-2 and the removal of an existing bdp application number is 23z 0081 tax account numbers are 231 4551 231 4553 located in District 1 commissioner preet yes sir I need to ask Mr Moya a question on the record sir I do notice there was a change on the um bdp but I I just want to um make the request and that I love what you're doing with the project if we could make sure and it's it's it's in the bdp that Mr Jeffrey sent me that if there's outdoor storage you're going have it behind the building out of sight and that we are going to go ahead and allow everything that would be allowed on bu1 and but the bu2 part is you're going to be doing the storage yeah the the contractor trades all the things that are in the bdp draft that we submitted to the staff we concur with those two um two conditions that we sent to staff I don't know if you have a copy of what we drafted I do that makes it just such a lang good for you it's good for us so I'm going to make a motion to approve it with with the language Mr Moya thank you for that is there second second uh the motion by commissioner pritet and a second by Commission TOA on item number G4 any discussion hearing no discussion all in favor signify by saying I I all oppose an a G4 carries G5 Jeff is us I believe so items G5 and G6 are companion applications um uh for the record uh staff has received a correspondence from the applicant requesting that this item be continued or remanded back for staff review it was determined that there's a use said occurring on the property that would not be consistent with the request so the additional time would allow for the read vertising and the time for the applicant to revise his application and it'll be read vertising and brought it on either date okay that's fine do we need a motion to we need ation do that for both of them sir I'll I'll go ahead and make a motion to continue both of them to the next planning zoning is there a second second there's a motion by commissioner feltner and second by commissioner pritchet on items G5 and G6 for continuation to the next zoning meeting um G7 I think item G7 and G apologize hold on please pardon me all in favor signify by saying I okay all oppose nay the motion carries wow it's easy okay so we're now on G7 and we're back in commissioner Pritchard District again please Jeff so items G7 and G8 G8 are companion applications um they can be um I'm going to read them into the record simultaneously but you'll need to have separate motions for each so G7 is Travis and Rebecca plus request a small scale comprehensive plan Amendment 23 s23 to the Future land use designation from agricultural to Res one application number is 23ss 000023 tax account number is 22077 located in District 1 item G8 is Travis and Rebecca plus request a change of zoning classification from gu to RR mh-1 application number is 23z 000080 tax account number is 22077 located in district one sir on item G7 I'd like to make a motion to approve the future land designation from there's a motion on the floor to approve G7 is there a second second there's a second by commissioner toaya motion by commissioner pritchet any discussion hearing no discussion all in favor signify by saying I I all oppose nay the motion carries back down to G8 now please may make the motion to to uh make the zoning change classification from gu to rr1 RR mh1 there's a motion on the floor to approve G8 is there second second there's a second by commissioner toaya motion by commissioner pritchet uh any discussion hearing no discussion all in favor signify by saying I I all oppose nay the motion carries uh G9 Jeff please thank you Mr chair item G9 is John L hurton requests to change the zone and classification from EU to seu application number is 23z 000077 tax account number is 26 6 3310 located District 4 commissioner feltner I don't see the applicant here today I'm ready to make a motion to approve um the uh the change from EU to seu motion on the floor to approve G9 is there a second second there's a second by commissioner pret motion by commissioner feltner uh all in favor signify by saying I I all oppos n the motion carries all right uh G10 I have no problems with this whatsoever and but Jeff if you would please read it into the record sure Christopher H Griffin request to change the zoning classification from ru- 1-9 to Ru 1-11 application number is 23z 0084 tax account number is 286 4401 located District 5 would you like a motion sir yes please make a motion to approve there's a motion to approve second on G10 and the second by commissioner toaya uh any discussion all in favor signify by saying I I all oppos a motion carries back to district one Jeff please Virginia and Nelson request a change The Zing classification from gu to rr-1 application number is 23z 0082 tax account number is 21693 and 20001 1694 located in District 1 like to make a motion to approve that sir a motion on the floor to approve G11 is there a second please second there's a second by commissioner tobiah motion by commissioner pritet and uh any discussion on this issue hearing none all in favor signify by saying I I I all oppos nay motion carries all right moving on unfinished business uh I don't think we have any unfinished business tonight anybody have unfinished business how about new business any new business hearing no new business let's go to board reports County Manager please I have no report Alex you want to take care of County attorney tonight uh no report sir thank you okay commissioner pritchet no report sir commissioner Goodson do you have a report no sir thank you very much uh let's go to commissioner felner I have no report all right I do have a request from me I would like to uh ask the board to approve traveling to Washington DC with EDC and several of our large economic U businesses here in town from March 20th to March 23rd the purpose of the trip is is to determine ways to uh getting additional monies for infrastructure and also to uh find additional ways to get uh economic incentives for some of these businesses motion to approve a motion by commissioner pitet to approve is there a second there's a second by commissioner toaya is there any discussion hearing no discussion all in favor signify by saying I I all opposed and um motion carries all right commissioner Taya thank you Mr chair today is uh National GI Joe uh day um useless Florida fact uh Flo uh Four Corners an unincorporated community near Disney saw more lightning in 2022 than any community in the United States according to environmental technology company uh Four Corners ranked first in lightning density this year of 474 lightning events per square kilometer or 1,229 lightning events per square mile uh this day in Florida history the Bok Tower Gardens and bird sanctuary in Lake Wales was dedicated by president and Mrs Calvin kulage on this day in 1929 the brainchild of Dutch immigrant Edward W Bach and his wife Mary Lewis Curtis Bach uh who wintered in Florida uh the complex features 250 acre garden with thousands of different tree shrubs flowers designed by Frederick Los Olstead Jr the centerpiece of the garden uh however is the 205 foot tall Stone Gothic Revival an art deco Tower which houses a 60 Bell uh uh corillian whatever that is um and moving on to the most important part uh County employee recognition that would be Denny long today who I see back there uh Denny is a Code Enforcement supervisor with Planning and Development he began with scat as a radio operator in 2014 and has been in planning and development since 2017 uh he has a bachelor of uh science from San Antonio theological College Den he has developed his skills in a variety of ways including uh through toast Masters he has spent his uh career in Civil Service previously working as a social service casew worker at the VA he began his career with a county in Bard County trans Transit where he picked up valuable leadership skills from people such as Jim lefeld he came to Bard County Planning and Development to be a code enforcement officer and eventually earned a promotion to code enforcement supervisor uh his passion for his job is infectious and he leads uh by example in the way he goes about his work diligent and uh with great professionalism with code enforcement division he works to ensure that our employees remain knowledgeable and dedicated including through the fit program which is fellowship infused training which he founded he's a graduate of the employee development program and currently a class member of the executive Leadership Institute as a side note uh so is an employee of mine Bethany and she sits next to him at the Eli class she says he's always has a positive attitude and is continually encourage encouraging others and help boosting their confidence as an allaround wonderful person Denny uh thank you for uh uh your work to the county as well as being so nice to my uh employee uh thank you for all you do hopefully you'll be here for for quite some time we we greatly appreciate your service thank you okay I guess we're moving to public comments could you set the timer for us please thank you uh three I believe Rick you're up young man Rick H finger 2000 Juniper Drive beautiful district one um took your pin your your your uh suggestion and went to CoCo they had a wonderful little meeting there on January 23rd they were actually considering their uh Community Development District second hearing which is they're they're pretty far down the road on their little plan there to build our our nice development at the end of the road um they really weren't interested in my idea to cut a new road because I think as we discussed that would probably be expensive so they're going to push forward but um I wanted to let you know that we have the neighborhood has done an excellent job and we've reached out to St John's Water Management they're still considering their permits um we had a a member of the community that met with uh commissioner pitet and she was very attentive I understand and took our concerns and we'll be looking forward to working with her continuing because I it seems surprising that those guys had a plan it's a multi-year plan for that development in phases and I understand why they're phasing it they've got some traffic issues with 524 but um I think they still owe you guys a a water conveyance permit you shake your head yes I think that's true they still owe you um um I think vacating the James Road so they can put that road in so they still owe you that so we're going to have a hearing I think they're they're thinking they're going to start sooner than I think they're going to be able to start but those are things we're working on so I wanted to let you know that we're working that but I the guy at CoCo there was one of the lawyers there for the developer and he says well have you contacted us and I said why would hell would we contact you I don't live in Coco and he says well but you should meet with the developer so some people took a phone number and maybe we'll try that but I don't see us getting anywhere uh one thing that I do think is is interesting here and I hope maybe there's some traction when you vacate James Road I don't know if there's any safety aspect that you may consider when you're looking to vacate that road because that is a safety issue we think that a single point of exit is a safety for fire for traffic for emergency response and in the past people have been Coco told them hey all that stuff's coming on a County Road that's the County's problem well I don't think that's true when when somebody in that development were to call the cops Coco PD is supposed to you know respond of course if they don't I'm sure the Bard sheriff is always willing to help out and of course I think he builds us you know he he'll build those guys so that's not a problem but that single Point Road with traffic calming on James Road as part of the stipulation they're all going to come flying down Friday Road and if there is any blockage or any problem I see that as a safety and I hope that maybe that conveyance of the of letting them have that or vacating James Road maybe that's a consideration you guys should look hard at because I understand that the even the City Emergency Services were somewhat asked this is just rumor now I hear and they said well you know what do you guys think about the fire access and they said well it kind of sucks and they said well thank you very much we'll be moving forward with the project so just let you know I took your took your advice and we went down there and we'll be in touch and hopefully St John's because I think somebody was at St John's with the meeting with you is that correct so the St John's is aware they got over a 100 comments so they're slowing down I think and they're looking probably going to look for some activity out of the county to make sure that they don't jump the gun and issue a permit without having the the road I understand Roden Bridge does handle water so they'll be checking the conveyance so just want to give you status thank you thank you okay that's all right yes Miss Sullivan I do wish you to note there's three minutes on that board tonight thank you so much Sandra Sullivan so um to just talk about the storm water conveyance back when you guys approved the stipulated agreement um at the time uh the the assistant County Manager Mel Scott I think his name was uh former director of Planning and Zoning he actually made the recommendation to the County Commissioners that the storm water conveyance remain in Coco that all of the storm water remain on site because of the issues of storm water impacts and flooding in that area so I encourage you to go and read the uh minutes uh from uh from 20 7 when you approved the stipulated or not you guys but the bccc approved that okay so I'm here about another issue so save our mid-reach Reef this is something I've advocated on for a number of years I was down there and currently it's unburied because we've lost some sand and some storms recently uh it's a be it was a beautiful Reef right now it's pretty Barren because it's pretty destroyed but um so this was under the Magnuson Stevens fish FY conservation and management act which is a federal law it protects us as essential fish habitat is very important to the sea turtles and the Fisheries for the Lagoon so when you talk about the Lagoon it's important this is the problem this is what happened in 2020 they came in that the permit was only dun only restoration down at at uh low water this was 15 fet High all the way down into the ocean so start digging into records right start finding out um that in 2020 some modifications were made to to uh on the uh at the outfall a misrepresentation made that all the outfall issues had been taken care of and to increase the amount of sand that was allowed so per the federal uh fish and wildlife service biological opinion under Section 7 consult by the endangered and threatened Species Act only 300 cubic 300,000 cubic yards of sand was allowed well you guys made a permit change in 2020 and that put uh put over 400,000 cubic yards so it was only allowed for the top 6.2 miles by the biological opinion only 300,000 because that's the calculation used for the impacts to The Reef so you're only allowed 2.95 Acres of mitigate of of reef impacted so when you put more sand you impacted more mid reach now the midre six up where I am is 41% of the reef so we don't know what the impacts are because there's no monitoring on re six I'm asking for this project to stop until A Renewed biological opinion is done by fish and wildlife service thank you thank you m elivan uh there's no more cards do I hear a motion to adjourn motion by commissioner toaya second by commissioner felner all in favor signify by saying I all opposed May thank you the opinions expressed by any member of the public during any period of public comment do not necessarily 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