do for e SC for not good it's well it is what it is okay well we're coming up stand by all right I guess we're ready well good morning everyone I think we're 
now it is 8:30 Plus and it is time for the uh   Board of adjustment to convene we're happy all 
of you are with us today and we look forward   to hearing your uh your cases which will be 
called in just a few minutes uh we would ask   uh everyone to please turn your phone off or 
put it on silent that really will be a real   big help uh to everyone and so having said that 
good morning the meeting of the escamia County   Board of adjustment for March the 20th 20124 is 
hereby call to order with six me members present   so uh we're glad to have all our members with us 
and uh um will the clerk please swear in members   of the staff please raise your right hand do you 
Solly swear and affirm that the testimony you're   about to give will be the truth the whole truth 
and nothing but the truth so be God I do thank   you members of the board copies of the staff's 
resumés have previously been provided and remain   on file for reference the board has previously 
recognized the staff as expert Witnesses does   anyone have any questions regarding their 
qualifications and abilities to offer expert testimony seeing n the vaa meeting package for March the 20th 2024 
with the development services staff findings of   fact has previously been provided to board members 
the chair will now entertain a motion to ex accept   the boa meeting package into evidence do I 
have a motion Mo I have a motion do I have   a second second I do have a second all those 
in favor of the motion please raise your right hand the motion uh passes unanimously 
with all members in favor of it Madame clerk do we have proof of 
publication yes sir did the publication   meet all the legal requirements yes sir 
the chair will now entertain a motion   to wave the reading of this legal uh 
advertisement move we have a motion   from the second uh and also we have a second 
uh all those in favor please raise your right hand the motion uh passes unanimously 
with all members uh voting in favor of   the motion members of the board have you 
reviewed the resume and transcript for   the board of adjustment meeting held on 
January the 17th 2024 upon your review of   the resume and the transcript are 
there any additions deletions or Corrections seeing none the board will now 
entertain a motion regarding the hearing   resume for the board of adjustment 
meeting held on January the 17th   2024 do I have a motion motion I have 
a motion do I have a second I have a second all those in favor of the 
motion please raise your right hand let the record reflect the motion passes 
with all members uh voting in favor of the motion   and now we come to the purpose of the board of 
adjustment and how the uh the conduct of this   meeting uh will be accomplished with and uh we'll 
hear from our vice chairman do you have it well and the circus immediately falls apart and we were doing so good oh okay all right okay uh purpose of the board of 
adjustments and conduct of the meeting   the board of adjustments here is Administrative 
appeals variances and conditional use requests   these hearings are quasi judicial in nature 
quasi judicial hearings are like evidentiary   hearings in a court of law however less formal 
all public testimony will be taken under oath and   anyone testifying before the boa may be subject 
to cross-examination all documents and Exhibits   that the boa considers are entered into evidence 
and made part of the record the giving of opinion   testimony will be limited to experts and closing 
arguments will be limited to the evidence in the   record after hearing the testimony and Arguments 
for and against the proposed action and before   making its decision the boa will consider the 
relevant testimony the exhibits inent evidence   and the applicable law because decisions of the 
boa relating to variances conditional uses and   and extensions of development order for bite 
plan approval are final unless overturned by   a court of competent jurisdiction the County 
May issue development orders and permits for   properties in accordance with the decisions of the 
boa however if applicant requests the issuance of   any such order or permit and such order or permit 
is issued the applicant and not the county shall   bear any risk that that such decision may be 
set aside the development order or permit may   be revoked or the development may be otherwise 
enjoined by the reviewing Court any applicant   for relief from a decision of the boa for set 
actions or any agreed party as defined by state   law May seek review of such decision by filing 
an appropriate pleading in a court of competent   jurisdiction within 30 days of the boa decision 
the date of the boa decision shall be the the boa   voted at the conclusion of the hearing whenever 
the boa denies an application no new application   for an identical action on the same parcel shall 
be accepted for consideration within a period of   180 days of the boa decision any person grieved 
by a decision of the boa relating to an appeal   of an administrative decision May within 15 
days thereafter apply to the Circ court for   review each individual who wishes to address the 
board regarding a particular issue must complete   a blue request to speak form and submit it to 
the clerk of Clerk of board these forms are   located on the table at the back of the commission 
Chambers you will not be allowed to speak until   we receive one of these completed requests to 
speak forms we must have these completed forms   for public record ex parte communication all 
written or oral communication outside of this   hearing with members of the boa regarding 
matters under review today are considered   expar Communications expar Communications are 
presumed prejudicial under Florida law and must   be disclosed as provided in Bo in Board of County 
Commission resolution 96-13 before a decision by   this board on any administrative appeal variance 
or conditional use request the chair would ask   as each case is heard that any board member who 
has been involved in any exart a communication   regarding the respective issue to please identify 
themselves and describe the communication thank you we now turn to our first case it's 
case number CU 2024 d04 1800 uh Patricia   Avenue uh it is a conditional use uh it has 
been requested by Meredith Bush agent for   Earnest uh commercial Investments LLC 
the owner and I see Miss bush is with us good morning good morning members of 
the board um yes we're here requesting an   approval for liquor sales within a restaurant 
in the low density mixed juice zoning District   um I'm happy to go through our presentation 
and Report Mr Jones has advised that this may   be eligible for an expedited process since uh 
County staff is in agreement with the findings   and we've already been through a resoning hearing 
um outlining the proposed use but if you wish I'm   happy to go through um the criteria uh generally 
we would the board uh has by custom heard uh a   sometimes abbreviated uh presentation but uh we 
would uh I am speaking for the board I hope we   would like to go through the uh presentation 
uh before you get started let me be sure   board members we haven't had any ex uh expart 
Communications regarding this case have we now   would be the time to announce that has anyone 
gained any knowledge or information obtained   from a site visit or other sources I see none 
for the record uh will any board member intend   to refrain from voting due to a vo uh voting 
uh conflict of interest and I see none there uh and miss would you uh like to make a 
presentation or would you uh uh prefer   that the staff present its findings and then 
uh add whatever additional information you'd   like um it's really the will of the 
board I mean I can be very brief on   hitting the high points um but it's whatever 
the board prefers I'll tell you what let us   hear from the staff and then we will 
come back to you thank you thank you Andrew Alison yes okay good morning Allison 
Lindsay urban planner development services   so this is the case conditionally use 20244 
at 1800 Patricia and they are requesting the   conditional use for alcohol or liquor sales so 
this is the location map showing the location   on Patricia this is the R uh 500 radius zoning 
map showing the zoning currently LD muu and a   small portion of ldr this is the future land 
use map showing mixed use Suburban this is   existing land use showing the parcel and the 
surrounding areas this is our Wetlands map as   you noticed a lot of the parcel is have uh 
Wetlands on the uh around the subject this   is the aerial photography showing the site and 
this is our public hearing sign that's posted on   uh site on Patricia and this is looking onto the 
subject property across Patricia this is looking   from the uh subject parking lot across Patricia 
this is looking South along Patricia from the   subject site looking North along Patricia 
from the property and that's the maps and photographies so the uh as it was stated earlier 
this case it did meet all the criteria so just   kind of briefly the 2.68 plus or minus partiel 
it's on Patricia which is on a local Road and   um they are proposing to sell liquor in an 
established uh restaurant um and there will   be uh there is currently there is Wetlands that 
could act as a buffer between this partial and   the low density residentials to the north so 
for the facilities and services um they are   available through ECUA and um also solid waste 
they will have all on-site solid containers will   be located on the site and have access limited 
um offsite visibility um Ingress egress will be   from the existing connection on Patricia and this 
property um as far as nuisance and Hazards um it   will have the operating hours of a restaurant 
and it shouldn't have any unreasonable noise   glare smoke or dust um for any of the surrounding 
properties um screening and buffering as mentioned   um they must meet all screening and buffering 
requirements of the Land Development code and   the wetlands that are located um will remain and 
um serve as a buffer so any site uh any signs   and lighting it will also be reviewed during the 
development review process and will'll have the   any exterior lighting should be deflected from 
any adjacent Properties or public rideways the   site characteristics the location was previously 
a bar um but it has not been in operation for some   time the location appears adequate for the scale 
of the proposed use and the uh specific County   requirements the use requirements the the parcel 
is low density mixed use zoning which does allow   for restaurants including on premise consumption 
of alcohol and this request is just to include   the sale of liquor and the staff findings we 
do recommend the approval of this conditional use and just as a reminder for 
everyone uh when they do come in   for the license um to add liquor sales 
on their alcohol license uh staff will   do the usual search for uh any place to 
worship Day Care schools within a th000 ft which also which also was not noted just by 
staff doing a the pictures and the site visit um   that no schools or daycares or churches were 
noticed within the thousand feet uh does the   board have any questions any board members I 
have clarification uh because I was confused   on this um it's zoned low density mixed use 
and according to one of the pages that we   got there is a permitted use for restaurants 
including on premise consumption of alcohol   um but excluding drivein or drive-thru service 
this can this uh liquor SA Sals is it like a um   like a liquor store that they're wanting 
off premises I believe they also want to   sell liquor at The Establishment not just for 
on premise consumption but the applicant can   can verify that but I that's our understanding um 
so the conditional use is for the sale of liquor off premises yes okay so like a liquor store 
yes okay so they'll have a restaurant SL bar   and then they'll be able to sell like a package 
door okay so the zoning under the permitted uses   um under retails it does allow for um sales of 
beer and wine but it excludes sales of liquor or   motor vehicles uh and that's why it gets bumped 
down to a conditional use okay yeah that always   throws me because I think wine and beer are also 
alcohol same active ingredient just different   concentration yeah I but that's the way the codes 
written okay so it's because they're s selling um   what I would consider hard liquor um but is it 
on premise or off premise well they have they   can they're having a restaurant so they can have 
on premise consumption um because the low density   mixed juice allows for that however the liquor 
sales is the conditional use can okay because   they're they're two they're different licenses 
well I I I'll tell you what I think Mrs Bush in   just a second will be coming up and and I'm sure 
she will uh give us a a more detailed answer uh   I have one question also how far is it from these 
uh the Housing Development to the liquor uh to the   propose site okay so on on the screen you see 
the aerial um photo of the site if you look up   to the Northwest that's a mobile home park and 
then there's some the houses up there up to the   north on the other side of that Wetland now can 
you pleas the wetlands map on for me so you'll   see the Wetland map encompasses a lot of that 
so that's a all natural buffer between those   residential houses on more Avenue um so that is 
a distance so I can't tell the exact distance   but then down to the south on Fairfield there's 
no houses on the other side up till you get to   the Fairfield I I I guess uh another question is 
for me then is that going uh to be perpetually a   wooded area or will it be available in coming 
years or time uh for uh Housing Development no   sir no sirry no sirry those areas M drones have 
you been yes I have okay yes sir yes sir yes sir   that area is fully buffered when I when I said 
those are State Jewish Wetlands I I I'll go by   every Sunday morning and I that property been 
intact for a long time uh you are not going to   be able to develop on that at all I mean it's it 
it is so if they do it it will cause an exorbitant   amount of money because those are all under D 
Army Corps all of it well you know one thing we   here we don't want to create is a coming to 
the nuisance situation that and alcohol and   homeowners backto back usually is not a been a 
happy combination a lot of times so that was my   concern and I also noted that it said hours of 
operation for the restaurant so it's not like   it's going to be open you know 12 midnight 2:00 
in the morning like a bar would I would assume   but the applicants here again can address that 
um are there any more questions for the staff   from any other board member I've got a can you 
scroll up I want to see the zoning Maps again   you said something that confused me okay so we got 
low density mixed use now it recent it it was a   restaurant previously was the was the zoning the 
same at that time the z um from 2015 we had the   repeal and replace for zoning so on the previous 
zoning was R2 I believe so it was there prior to   the zoning I believe because it's been there 
for a long time I think okay and then the next slide okay the future land use is mix use 
Suburban right yes and then the next slide   that shows the the parcel in question in red 
and then the surroundings have you see most of   them are vacant because a lot of the wetlands and 
then across the street what does it say a vacant commercial so it's uh the building currently 
according to the property appraiser um it's   commercial building predated the code MH um um 
and currently I can pull it up I think that's   how the property appraiser classified it when 
they probably did their appraisal yeah they   had it as a nightclub but it's currently 
not in operation okay so that really has   no bearing on the actual zoning correct okay 
so the the previous zoning um it was split uh   it had R2 in the top and then SD which was 
special development District um basically   because of all the wetlands right and that 
was sort of an organic shape so it sort it   was split zoned by that right um because that 
is quite a bit of wetlands in that area and the the low density mix use m um can you can you read the purpose of the 
low density mixed use at paragraph a for   me low density mixed use District establishes 
appropriate areas and land use regulations for   a complimentary mix of low density residential 
uses and compatible non-residential uses within   mostly Suburban areas the primary intent of the 
district is to provide for a mix of neighborhood   scale retail sales services and professional 
offices with greater dwelling unit density and   diversity than the low density residential 
district additionally the LMU district is   intended to rely on a pattern of well connected 
streets and provide for the separation of suburban   uses from more dense and intense Urban uses 
residential uses within the district include   most forms of single family two- family and 
multif family dwellings okay I was just trying   to wrap my head around all that sure thank you 
I have a question the parcels across the street   we discussed the ones uh on the side of the 
street where the applicant is uh property are   those also uh subject to development or are they 
uh perpetually going to be wetland you mean the   ones right across the street in the Wetland areas 
yes the ones that here again they're wetlands   and they would have to be by the core D um and 
that so they have strict requirements and and uh   restrictions and there may not be enough Uplands 
to build it appears if that is a contigous type   of of wetlands or but it's all connected it's 
it's all connected to that huge Wetland right   landfill yes like Alon stated that small portion 
of of of what's on the map that possibly uplift   and maybe more than that uh uh uh that's that's 
really an undevelopable area okay and Patricia   Road Drive is considered a local road is that 
correct yes and Fairfield is a minor arterial yes I've never I don't think I've ever been on 
Patricia um when I think of local Road I think of   like a residential street yeah if you go further 
up Patricia to the north where those subdivisions   start that's more where the residential starts 
and it it goes into C I believe it's the next   major road that goes to east and west and so 
there's not really any residential development   really south of this parcel um when because 
even on the other side of Fairfield there's   all businesses Fairfield and okay that's a a 
business oh yeah yeah there's a used car there's   repair shops there's a barber shop okay are there 
any other questions for the staff from the board members uh Miss Bush if Mrs Bush 
would you like to to help us also   sure I'm happy to um address some 
of your concerns so if you'll pull   up page seven of our report we submitted 
it's the photograph of the buildings on site so you'll see here in the existing 
development this is the old Anglers   Restaurant and Lounge it's been out 
of operation for a number of years   but there are two buildings um one would be 
the restaurant the other would be a liquor   sales or package type store and uh what 
about the hours for this package store and uh um I have a representative 
here from the development if   you'll allow me just to ask her briefly yeah so the package door may be 10:00 a.m. to 
midnight um oh seven days a week or five   days a week or I'm assuming seven days 
a week whatever the county would allow okay and um you know notice was sent to all the 
surrounding areas and we received nothing but   positive comments from the neighborhood requesting 
that you know excited that the restaurant was   coming back and and that the liquor cells were 
going in okay all right and board members Mrs Bush   are there any specific questions before she makes 
her remarks that you might have so once again we are we are deciding not on the restaurant but to 
allow a liquor store here basically liquor sales   yes correct the restaurant's permitted as right 
right which allows for the sell of alcohol for   consumption with the meal right exactly and and 
I got that and that's part that you're allowed   to do that all day long you don't have to come 
see us for nothing but the liquor store is why   we're here today right Drew yes yes sorry um 
the code isn't 100% perfect in every way uh as   we know um when you look for as I read to you 
from uh retail sales um it it excluded liquor   sales when you get to the conditional use um 
number two under retail sales says it just says   liquor sales okay there are different licenses 
uh with the state there's um for whatever reason   beer and wine get treated differently um disagree 
I well like I said same active ingredient uh it   but that is the way it's written based on those 
licensing requirements so let's say they have a   strictly a restaurant they have a beer and wine 
license they want to add a license to allow out   uh liquor well at that point then we're because 
the code doesn't specify if it's a restaurant this   if it's a package store that it just simply says 
liquor sales the I I'm like the vice chairman on   my concern and maybe Miss Bush I'm sure will help 
us further on this we actually have two cases here   the restaurant uh and the sale of uh I'll say 
hard liquor with uh as part of a meal uh is one thing it's another thing to have a separate 
building in which essentially is going to be   a liquor store and they've been joined together 
in this application and um I'm a I am uh would   like to learn more I guess about uh the liquor 
store if I me Mr U Mr God one we really do not   have two separate cases the Cod is clear the Cod 
is black and white now if there's any if there's   any interpretation that that is needed that's a 
separate process for that but as far as what we   deciding today as Drew stated the C allows for 
restaurants period That's we don't that's you   let me let me let me confin my train of thought 
by right now the cold as it may not be written   as as as it should be but it clearly says liquor 
sells which allows for conditional use approval   now the state rules Miss bass I'm not well I'm not 
drink I don't I don't get all that but the state   is what governs the type of licenses whether it's 
B wine they I guess they they say that's a little   different but when but when they come to those I 
it's four cop two cops there's a different type of   procedures and I will C address that as well our 
code says alcohol this alcohol but the distinction   was made because the restaurants being wine now 
there's a process they got to go through that   the Cod talks about that there's another process 
in the Cod about that but but what liquor Sals   because of the low density mixtures requirement 
they want to make that a condition just in case   if there are some citizens that may have some 
concerns that's why it's for conditional use   approv for use that has the potential for adverse 
impact and we know that sometimes it does jebas   have been in two separate buildings is it's it's 
really it's it's it's it's it's the same just like   there could be Applebees they got to come into the 
same thing with us all they if they have boss in   their thing they got come and see us I don't well 
Mr Jones I don't have really too much of an issue   uh with inside restaurant sales of the alcoholic 
beverages my concern is this separate it we have a   separate facility uh that's going to be a package 
store in effect and uh which is a different deal   do you know by any chance is the are these two 
separate legal entities no it's all owned by   Everest commercial um it would be operated by 
the same individual Mr John truskowski um who   owns and operates um establishments of this 
nature throughout the county he's very well   known in the community um has been before the 
um various boards several different times and   runs a good a good solid business okay um and 
site scan we see it all the time throughout s   planing process site scan have different uses on 
one parel and that's I mean they have multiple   uses that's why we have these regulations on 
these type of uses that has the potential to   Coexist on the same site we see that's all over 
the place and so so that's why we have separate   rules for certain type of uses that may be on 
the same parcel of the land so when I'm looking   at the code under a low density mixed use alcohol 
is not the same as liquor it it is under when you   look at Retail Services restaurants including on 
premises consumption of alcohol that includes all   alcohol for the restaurants so restaurants can 
serve both beer wine and hard liquor so it's   already as of right under sub paragraph threee 
okay so the only reason we're here is because   of the package stor of the package store corre 
well it's the way that it was presented though   and that and this is not a understand this is not 
a criticism of your presentation at all this is   directed at the staff and but when I read it the 
emphasis was this is a restaurant that wants to   sell hard liquor yes that's that's my assumption 
that's not the case correct this is an application   for a package store right uh right in which 
there is a restaurant that will also be selling   regardless of of this issue yeah right doesn't 
matter if so it's a and again I and and I and   I I'm not being critical of the staff either and 
I I don't want because undoubtedly Andrew and Mr   Jones and his analysts or the some of the finest 
planners that that I've ever known that's for sure   and they do wonderful work no problem but this 
was not presented I I just have to tell you when   I read it last night that's not until Miss Bush 
got up here and explained it again uh it wasn't   presented as to what we're dealing with here and 
the question in my mind and I could be wrong and   I'd like to hear from the board the question is 
whether or not we're going to permit a package   store to sell hard liquor and that's why I wanted 
Drew to read the purpose of the low density miuse   District um for everyone to hear because if we're 
talking about a package store um to me that's a   different light um that I shine on this type 
of zoning as opposed to a restaurant that sells   mixed drinks mixed drinks thank you it's a it's 
an entirely different different game now I would   like you've heard the vice chair when you've heard 
me but I I would like to hear the other some other   thoughts because it's important that everyone on 
the board feels they have they have thoughts do   you want to have M Miss Bush do her presentation 
first yeah Miss Bush I'm sorry given not been time   not been uh uh I won't say treating you the way 
I should but I'm certainly not uh I I'm I'm kind   of ignoring you and I'm not really uh we get 
all wrapped up and sometimes uh it's best that   M Mr chairman before Miss Bush's presentation I 
I would just uh ask the board to consider since   it's they already sell liquor alcohol what what 
difference does it make if it's a package so is   my my my question well to me it is a different 
uh an entirely different situation uh from a   restaurant uh it's it's not the it's not the same 
level of I w't say intensity that's not the word   I'm looking for but it it's not the same kind of 
thing we're talking about we're it's one thing to   sit down go to a restaurant order a drink and 
have a meal it's another thing to drive into a   liquor store with all the attendant issues that 
sometime develop with that sort of availability   uh that's that to me is an entirely different kind 
of kind of situation and the fact that it's on a a   local Road um concerns me because it's it to me a 
local road is more of a residential thorough fair   if you will as oppos to 9 m road or Fairfield or 
um sort of thing noted thank Marty did you have   yes um if I understand what's been said um the 
package store would require a different liquor   license than the restaurant is that correct 
that is that is correct corre um just yeah   so you know um with all the different licenses 
and the distinctions between them our code makes   a definite distinction between a beer and wine 
license and a liquor license um it let let's let's   take the occasion this isn't the case here but 
the board has heard many of these in the past if   um let's say you've got a CVS Walgreens what have 
you um they have a license it is for off- premise   beer and wine sales the code doesn't prohibit 
that uh within that thousand foot requirement for   churches schools daycares what it does prohibit 
is liquor sales for off- premise same like I said   you know beer and wine you can do that liquor you 
can't then it becomes a conditional use to do the   exact same thing it's just when you add that extra 
product to it is is what kicks it over so this is   just another example of the code pulling that one 
type of alcohol separate from the others so clear   as mud I know also also too if if the buildings 
were connected it would it it could be the same   outcome if the buildings were connected again 
it's one site with with multiple uses uh uh uh   it's it's the site now if there's any concern over 
over the zon and classication of the C that is a   different process now let's say they do let's say 
they still let's say they have to they need a full   cop that's what they my mind there's another 
process for that they if they got to come back   to see us if there's any churches or schools of 
dayc carees schools completely out loud no it's   a Prohibition if there's a school within a th000 
foot radius if there's churches or something they   will have to see this board again for that it 
depends upon the license type when they come and   see us so but but this is for the to to get this 
use there that the board the intent was to say   hey there could be some neighbors who concerned 
with having liquor sales in a low density mixed   use let's have conditional use approval for so 
that the neighbors can show if there's concern   because it has the potential it has the potential 
for that that's it is it is separate but the low   density mix juuse it does allow for this to come 
through a condition use approval the road type of Patricia that's really it's it's of concern but 
it's really because we don't get through traffic   PS Patricia could be functioning as a Maj as 
a minor ATT because of the traffic pattern   so so so so Jeff the loc Ro that's still don't 
mean it's not functioning as a road work it's   travel people come back and forth so those type 
of issues sometimes it takes another process to   determine that site plan review process for that 
but on this we're just looking at if it meets the   if it meets the conditional use approval to 
have this type of sales and low density mix   use whether it's in the same building or on or 
on the same parel let me finish uh my question   um because the state would require a separate 
license for the package store does that mean   that this board would have to and the county 
would have to approve um the request um before   they could issue a license for package Goods 
correct for for the staff to sign off on the   Z uh for liquor sales um the code does require 
it be a conditional use Ab yes sir yes it does   Mr chairman um if he's done with his question 
um I just had a quick question so we um what   we um voting on is um the site itself and not 
the restaurant or the package store to be able   to have um to sell liquor on the site is that 
correct correct that that particular land use   at that location okay so it has nothing to do 
with whether it's a restaurant or a package   um store um is the site itself to be able to 
um obtain the liquor license and also um Miss   bus you had um stated that the neighborhood um 
was in agreeance with it um did you guys hold   um some type of meeting or um how did you guys um 
you know speak with the neighborhood about it in   this case we did not hold a town hall meeting or 
anything like that it would just be the responses   received from the notification of the fact that 
this was happening okay that everyone has been   um in agreement we also initially looked at this 
property for a resoning and held a hearing on that   yes um at which I I recall at least one neighbor 
maybe more than one appeared and spoke in favor   of it um because it is a revitalization of the 
use uh that restaurant has been closed for quite   some time and and the neighborhood is wanting 
um and while it is you know as you stated a use   that would apply to the site as a whole they're 
not intending to do any modifications to the   structures so um you know the structures would 
remain as they are with one the larger being the   restaurant and then the smaller side building 
being used for the uh liquor sales off off off   site and I would just remind the board while I 
this is all healthy discussion and you know of   course we appreciate a robust presentation really 
what we're looking at here today is whether or not   the criteria of the code has been met to allow for 
this conditional use and staff's findings as well   as our presentation all presents that that the 
criteria has been met so if there's something we   can address related to the code criteria um that 
causes concern but even you know access to the   site um you know the transportation all that is 
addressed in the criteria um and I agree with Mr   Jones statement that Patricia may be functioning 
as a minor arterial I've driven um the area in   preparation for this hearing and it's certainly 
not a narrow you know neighborhood type Road at   least not in the location of this building um It's 
relatively wide and you know when you're driving   it it feels like you're still going down barefield 
or one of the other larger streets we do have in   Escambia County a large number of streets that 
are classified as local streets but they collect   traffic from other side streets and funnel them 
North and Southeast and West if you think of uh   you know Bowman Ashlin Fowler any any of those 
roads are similar in that they're local streets   but there are neighborhoods that connect to 
them and they're essentially functioning as   collector roads I only bring that out because 
I know that there's a lot of things in the code   um that base their ability to uh do different 
uses based on whether or not they're next to   or with in so many feet of an arterial Road or a 
collector Road or or what have you um so if it's   p important then it's got to be important now so 
you're referencing to location criteria um it and   those are for each different zoning District you 
have location criteria that falls in when you're   looking at the rezoning and at the development 
review stage um there's options there um there's   a process whereby someone you you'll see this 
generally in um a rezoning they'll they'll turn   in a compatibility study um quite often that has 
to happen when we have these infill type ideas   like this um you know before the county got 
zoning anything went anywhere essentially um   so you do have a lot of these Legacy commercial 
type buildings that wouldn't and may not today   meet that that requirement um but that infill 
type provision is how staff handles those that   may not meet each uh District's location 
criteria can you show me an aial of the area and just for your information we did for the 
rezoning case provide a compatibility analysis   for this as infill development and uh the 
compatibility with the surrounding surrounding   area because that's not one of the criteria in the 
code for conditional use it's not included here   but it was given to the county on that resoning 
case um it didn't actually go to the planning   board well it went to the planning board um and 
we were I believe seeking commercial initially   um with the idea of it being a bar because of the 
grounding um area would have been spot zoning the   county staff and planning board wanted to give us 
high density mixed use um which when we looked at   it even high density mixed use would have required 
the conditional use approval for the liquor sales   for the package store so rather than coming back 
to the planning board for high density mixed juice   and then coming to you guys we just came straight 
straight to the boa can I can I also ask you a   question question the package store will it allow 
in store consumption absolutely not no okay and   one other question it's my understanding let's 
assume for the sake of argument that there is no   package store involved in this matter now it's 
just the restaurant did I understand correctly   as a matter of of right you can have uh hard 
liquor sales within the restaurant without e   without boa permission that that's a matter of 
right yes sir so the question again helped me   uh boils down to whether or not uh we should 
Grant uh this application for sales uh from   the package or or to allow the package store 
to operate is that right yes is is that in in   a nutshell yes the ultimate question is whether 
or not the allowance of sales of liquor bottles   of liquor from the site has met the criteria 
of the code um but yes the the question is   not related to any sells of liquor within the 
restaurant that's allowed it's just whether or   not for off- premise consumption there can be 
liquor sold from the site right and so really   and truly the restaurant is not involved in in 
our considerations uh as to it us granting it   any authority to sell hard liquor no sir it's 
only involved to the extent that it gives you   an overall picture of what the ultimate site 
would be developed as and uh and I I appreciate   you clearing that up for for me uh I have to 
say and this is not uh intended for you I I   am disappointed at the way this was presented by 
the staff report because the way the staff report   was presented was just the opposite and and it it 
just isn't helpful and again I'm I don't mean to   be critical and I guess I am being in a way it's 
not helpful to us that have to make this decision   if we don't understand what we're supposed to 
decide and I was just I'm just disappointed   at the way this was presented this doesn't have 
anything to do with a restaurant this is strictly   a package store issue and it wasn't if it were 
presented like that it would have given us all   at least means last night when I went over this 
file again I'd have a different perspective than   I'm finding out uh as it is unfolding this 
morning so according to this map we have a   heavy residential north of um on Patricia is that 
correct yes that's that's all residential up that   way there's a lift station that is just south of 
if you would zoom in that is just south of the   mobile home park on the west side of the road 
uh but those are all residential neighborhoods   to the north what's that thing with all the cars 
right there looks like a whole bunch of car yeah   that what's that mobile home park that's a mobile 
home park a mobile home okay a mobile home it just   look like cars okay so mob home park a large 
mobile home park go go uh South yep so you go   south to where it connects with Fairfield and you 
have commercial uses along Fairfield absolutely okay okay it looks like it's oh looks 
like a a two-lane road Pat says a two lane road yeah okay that's what I need to know Miss 
Bush would you like to go ahead and sum up your   uh presentation and uh I think we're getting down 
towards the time I know you're anxious to know how   we and the board is anxious to make a decision 
so yes absolutely um Mr chair I will um avoid   going through all the criteria but just remind the 
board that um as outlined in our submitt which is   part of your record for review and as presented 
by the staff we have met all the criteria of the   code um the adjacent properties are vacant and 
undeveloped and will not be developed due to   the wetlands the wetlands do create a natural 
buffer um you know this is an Adaptive reuse   of this vacant parcel um that's remained dormant 
for quite some time that would really breathe life   back into the community it's by a well-respected 
entity here in Escambia County um they run their   establishments well they don't have problems 
with you know any nuisance conditions um and   you know the creation of a nuisance is something 
that staff looked at in in preparing its findings   um you know I am anxious to see how the board um 
votes on this I I do believe we have you know met   what's required by the code and really that is 
the ultimate question for you today is whether   or not the criteria has been me met based on 
competent and substantial evidence presented   and I believe all the evidence presented by both 
staff and in our written submitt um supports and   approval of this um you know if I could see into 
the future I would know how you're going to go and   and maybe willing to offer if it's your concern 
about the existing residen is there to the north   um rather than denying this based on something 
that's not criteria of the code and us going   through an appeal to Circuit Court based on the 
criteria of the code we're happy to hold a town   hall meeting but because and the reason we didn't 
in this case is because we had the resoning with   notices sent out to all the radius in which only 
people supporting came in my understanding from   staff is that the only phone calls they've had on 
this have been supportive comments um related to   what we're asking to do so we would just ask that 
you look to the criteria of the code find that we   along with staff have met that criteria and Grant 
the conditional use but before you deny it if you   direct us to have a town hall meeting we would 
do that Mr chairman I have another question yes   I understand you didn't have a town hall meeting 
but that you did mail out information to all the   neighbors regarding this proposal correct all 
neighbors received notification of both the   resoning and what was happening there and and 
this meeting today okay in that notice did you   identify that you were requesting a package it 
it did not use the words package store no sir so would would someone reading that document 
that you sent them um give them any indication   that there was a packaged Goods they were 
notified that there would be liquor sales um   um but it was it did not say package store so the 
neighbors could be as confused as we are it's not   a restaurant request for liquor sales inside 
the restaurant but drive up uh liquor store potentially and and and and and and and I'm 
anxious to hear the findings decision as well   but I I do not want won't um is this up to you 
I mean we could since there since they since   they are Indica that they were confused on staff 
findings but staff findings still suppored with   the presentation that we presented today staff is 
still in support and they indicating that staff   did a a poor job and I don't want that to to be 
the case of of anything being denied because of   something that maybe that we have done and we 
could if there's if there's Unity for another   meeting and we'll we we'll pay for the answer 
again because I like to be clear for the board   how I want the board to be said based upon what 
staff did and then that's why if if it goes up to   appear that could be a concern so so that's why 
I want to that that alternative is is on the is   on the board is on the U table as well I have a 
question as well that that meeting uh that they   did um have um what time of day was it um hell 
that the plan Wasing more the time the resoning   okay exact time I mean it was so I just don't 
basically I don't want nobody to hold it against   the community for not being there I mean because I 
mean everybody don't have the flexibility the way   some of us do as business owners or whatever we do 
um you know people have to work and you know so I   don't want you know I mean it to be put out there 
like everybody's in ingredients of it because you   know they're not here basically I mean they have 
to work people have to work and some people you   um I'm glad he bought up about the um notices 
you know um where they playing where they can   understand that it was a package store um you know 
I'm here to abide by the law I'm not a drinker but   you know I'm not going to turn something down 
because I don't do something you know I'm G try   I'm always try my best to do what's right and 
but I do feel like the community needs a fair   chance of with a you know a plain understanding of 
what's going on and I'm everybody don't understand   the same um it's not a one siiz fits all when 
it comes to individuals so um and and and let   me let me clarify something I want to be I want 
to be clear the notice said liquor sells and   that's what the Cod says the Cod says liquor 
sells everyone that received notification if   they had deter look and believe me we have had 
cases where it it would resoning per it's not   a reson we need to be separate where the intent 
where you going have re alcohol as one of those   permitted uses they show up tremendously so when 
the code says liquor sells we have to be careful   ful that we stay within the bounds of state law 
indicating what the code says whether not be a   pack St because we don't then they said so the 
code didn't say that the state law we have to   be careful we do our notification on what it says 
liquor says is indicating that this site will have   opportunity to sell liquor that's that's rational 
plain language of the way we interpret these   things plain language the opportunity to sell but 
there's a difference between I'm going to sell you   an alcoholic drink and I'm G to give you a fifth 
of bourbon I understand that but I'm understand   what the but you're right but I'm saying what 
the we have to go by what the land velopment   code says we do notifications so that's why we 
send out what what the notice is per the Land   Development I understand the intent I understand 
the understanding I'm not say that's not rational   thinking but this what we got to do you're making 
these these citizens have to question what does   that mean does that mean off premise liquor cells 
does that mean I'm going to have a u a Jack and   Coke um I'm going to have you know a fifth of 
vodka you know I understand this V but this   is why we have these meetings so that if there 
are concerns they could kind have the question   to come and ask questions like we do like we have 
had but again I can't I can't we have to be very   careful when we're doing these notifications I 
understand can you include the language of off premise because the way I read it it was this 
restaurant's going to sell alcohol liquor and   you're going to have a a drink whenever 
you eat your chck court on Blue you know   um that's the way I read it yeah I didn't 
read that he was going to come and get his   vodka and then come back and get his bottle 
of rum and then come back and get his gin   and then come back and get whatever else 
you drink right essentially went through   me and again and I'm it pains me uh to because I 
appreciate our staff so much to to say it but um this really was never about the restaurant uh 
this was all about the package store but that   was never uh the staff findings never talked 
about that it's only when you piece it together   this morning and sort of like for me last night uh 
I have no wish I think really we need Lord knows   we need economic development in in that area and a 
restaurant functioning there would surely I would   think be a good thing and they have by right 
now as Mrs Bush has stated for the record the   right to sell alcoholic beverages the question 
that we have before us is whether or not uh the   package store proposal which essentially was not 
addressed I know Mr Jones mentioned that uh the   staff would be willing to go back and readdress 
and actually rework the findings if I understand   uh his his thought pattern on this where the 
central question is is going to be presented   whether or not there will you know the virtue 
uh of having a package store there and whether   it meets the requirements and not confuse it with 
this restaurant issue now Mr chairman if if I may   um I did hear you say something but I want to clar 
make sure I understand what you're saying so under   the permitted uses on retail sales it it says but 
excluding the sale of liquor it says and then the   permitted use restaurants including on premise 
consumption of alcohol but excluding Drive-In   and drive-thru so if I go to this restaurant and 
I'm having dinner and I want to have a beer or   wine or I want to have a mixed drink that comes 
with my meal but that doesn't mean that I can go   in the restaurant and say Hey I want to get 
a burger but yet I want to get a Jack and or   I want to get a bodka I'm leave you know I'm 
buying just the bottle and leaving so right so   it's I yes ma'am I I understand that point that's 
not the building we're talking about and actually   we were they talked about restaurant and they 
didn't distinguish between buildings it just a   restaurant with also a thicker sale I know it but 
the facts do okay so for the sake of everyone's   peace of mind yes the applicant I've spoken with 
representative for the applicant unfortunately   Mr trakowski is in Atlanta today and not here 
um but there is someone here for him and we   would be willing to go back send a notice to all 
notified parties and say liquor sales for off-   premise consumption and then put ascendants 
in there the proposed development includes a   package store or liquor store or something to 
that effect however I would remind the board   that that's not a requirement of the code nor is 
General objections related to alcohol a criteria   of the code it really comes down to have we met 
the specific criteria related to site design   where are the garbage cans where do the lights 
go how is it buffered I mean that's what you're   looking at the code allows this as a use but says 
because it is this type of use you have to make   concessions related to lighting related to access 
related to you know where is the dumpster placed   and that really is the question before the board 
not whether or not a liquor store is bad because   the code allows for liquor stores it's just these 
additional criteria have to be met but I realize   you've spent a lot of time and you know I'm before 
you a lot and to continue to have goodwi with the   board and rather than have this denied based 
on an idea that a liquor store is bad or that   the neighborhood would object to a liquor store I 
would rather rather have an opportunity to have a   meeting at night at a community center we do 
it all the time where people are invited out   come between you know 5:30 and 6:30 to if you 
have questions about the development come back   before you next month Mr Jones has advised that 
we could get back on the agenda next month with   you know to be able to report we sent notice to 
this radius of people and if you want to tell me   what radius I'll send it to as big as you want 
to go um but I mean the facts remain that you're   really here to look at whether or not we've met 
the criteria of the code and we have and this is   the thing and I do not want this board to to to 
because I I don't drink um but we will have to   make these determination based upon the findings 
not based upon what we think or what we may like   or or not I'm I'm don't I don't know for certain 
that our findings will change because the code   does not give us specific determinations about 
package stores if there was some criteria that   was pertaining to package stores but this is 
this is the criteria and J and I we would have   to basically look at it to make sure that it meet 
the intent that it meet the purpose that it meet   the black and white language of the LDC with with 
with these criteria so whether or not our findings   may change or not it's well I would submit to you 
that your findings won't change corre because I   don't yet liquor sales it's no different than if 
the restaurant had a side corner with a stocked   bar that said on your way out the door you can 
pick up a bottle and go the fact that it's in a   separate building um right so chairman so B you 
can make your decision if you is it fair for me   to make a motion right now to take to take Miss 
Bush but is but bush bush up on the offer and um   we see this next month after the community um 
um has a opportunity after work hours um to um   know what's going on whether they show or not and 
then I feel like Miss Bush and um people that she   represents um I have a more fair uh vote at that 
time let's be clear now just now just because I   want to be clear just because the whole now this 
not like the planning board just because this more   specific just because a whole bunch of citizens 
may call me and object to it because they don't   like it I still not I I can't be subjective in my 
determination based upon they just don't like it   or because she may have 20 or 30 citizens showing 
up that'll be on her I I you understand I'm trying   to say I got to be I got to be fa if not I totally 
understand I totally understand cuz like I say I'm   not a drinker my I'm ready to make a decision 
today if need to be I just don't feel like um   honestly the rest of the bo some of the board 
members aren't comfortable of making a decision   based on how it was presented and I understand 
that and you know um if you know she's willing and   agreeing to come back next month I think that'll 
be good you know especially if the neighbors I'm   always concerned you know like like you say a 100 
people can come and say hey we don't want it but   like I stated before we still have to abide by the 
law and make sure you know if you guys are meeting   criterias for for whatever you're here for you 
know we have to make our decision based on that   on facts of findings and but cuz we could go on 
and on we could throw rocks over there at staff   we can throw rocks wherever we want to throw it 
and we're not going to get nowhere this morning   so you know if I can make a motion for us to 
just move on into next month and um you know   get it together and come back and give Miss 
Bush a fair vote you've heard uh Willie has   made a motion if I understand correctly that we 
would just continue this matter until next month   she's uh graciously on behalf of the applicant 
indicated that there a public hearing would be   held uh it a town hall based upon them staff won't 
be involved with that I want to be clear for the   record it would not be a public hearing it would 
be a town hall based upon they're doing they pay   for the notifications they set it up they get the 
location staff won have anything to do with that   I want to be clear for the record because we are 
being tap it is a quad judicial proceeding that   there will be a uh town hall meeting that Mrs Bush 
will coordinate I I would and also so the only   thing that I would uh add to that is is that we 
do review the findings in the way they were were   presented and and to include language that we're 
talking about a separate building and a u a uh a   a takeout basically a package store included 
in this Arrangement uh I think that would be   helpful be helpful for the record uh and I believe 
that that I know at least as far as I'm concerned   that would be helpful to me in my decision I was 
and again I don't mean to u sound like I don't   appreciate the very hard work that the staff does 
uh uh Lord knows I I did it for 37 years and it   can be a thankless task sometimes so uh but if we 
might just address the findings so that we know a   little more about what we're talking about that 
would be good so so M would you you present more   of a narrative but basically fin be the same 
because be met but based upon a narrative for   the record so that we can go off of what you're 
telling us that you really your intention would   would that be sufficient because the findings 
I don't think the findings would vary from us   but for for the for the bo so they can be clear 
going forward we can put that it's going to be aage language they read yes I'll update our 
submittal to include the words Package Store   okay we have a motion by Willie do I have 
a second second we we have a second all in   favor of continuing uh this uh proceeding adver 
until uh next month uh please raise your right hand and what do we have how many is it 51 Let's do let's do the vote again because 
I was confused with the vote again okay uh   we will now uh or I'll tell you what 
before we do that maybe I thought that   I had a feeling we probably talk this thing 
to death but is there U is there a feeling I   guess I'm obligated to ask this question uh 
is there is there a feeling that we decide   this matter this morning uh for discussion 
purposes there is a motion on the table does   anybody have a thought on that or we uh or 
would we like to continue it to the next month no I I I think Mr Jones asked 
some people they was doing this went   back here yeah that's why come by said 
they went it wasn't so let's be clear   I I stand with that motion if there's no 
further um discussion you stand with the   motion yes sir all right I stand with a 
motion you stand with a motion okay then   uh all those in favor of continuing this 
matter until next month raise your right hand we have uh what three four 
4 to two is that is all right 4   to two thank you sir and thank you 
we appreciate your patience Miss Bish all right well now we move to our next case this is case number CU 20246 4735 
mobile Highway a conditional use uh yeah   approval to allow a restaurant not among 
the permitted uses I did we just do this   one I thought all right okay can we go 
back to the agenda my agenda just ran out okay all right our next case is uh CU 20245   1100 North Blue Angel Parkway 
to allow salv yard Robert chilo owner Mr and uh Mr CH go with us today oh 
okay would you like to come forward and Mr   chairman yes Mr chairman if I may um want to 
introduce the board to Melissa Shirley she's a   new planner with our office uh she handled this 
case and she wasn't here for the staff swearing   in so she's going to be sworn in the same time 
as the applicant Mr Cho did I pronounce your   name correct I'm sorry celico I'm sorry celico 
okay I'm I butcher everybody so please forgive   me and welcome we're glad to have uh uh a new 
face to join us all right uh let me ask the   clerk if she will swear in you sir please raise 
your right hand do you solemly swear and affirm   that the testimony you're about to give will 
be the truth the whole truth and nothing but   the truth so be God do yes I do thank you um 
and sir did you receive the findings of fact   from the staff yes I did did you read them sir 
and are you in agreement yes I read them and   I do agree with them okay uh let me ask the 
board are there any have has there been any   experte Communications res uh regarding this 
matter by any board member all right seeing   none uh is there knowledge uh or information 
obtained from a site visit or other sources seeing none uh does any board member uh intend 
to refrain from voting due to a voting conflict   of interest seeing none okay all right sir 
would you like to make a short presentation   or would you like for the staff to make their 
presentation and then you can of course uh uh   make whatever additional comments you'd like 
okay yeah I would like to defer to the staff   please okay all right Andrew I I I do want to 
point out um so just just so you know you are   going to need to at some point through this go 
ahead and address the criteria and you're you   need to make your case um staff staff is 
not responsible for the applicant's case right well I'll let you hi my name is Melissa 
Shirley I'm an urban planner I'm here with   scambia County ma'am could I'm sorry can you hear 
me sorry okay I I'll use my big voice okay uh my   name is Melissa Shirley and I'm an urban planner 
here with the scambia county um this is the   location map um off of North Blue Angel Parkway 
of the existing parcel um this is uh the zoning   uh around the parcel it and if we could just for 
one second I'm sorry to interrupt U since it's   topic of the day I thought I might uh refresh for 
everyone the zoning on site heavy commercial light   industrial na refers to no alcohol uses uh this 
was something that was done back with the old   code that it was an option if to to sever alcohol 
uses from heavy commercial light Industrial which   at the time was C2 this property was rezoned um 
in 2014 to C2 at the time na which then converted   in the new code to heavy commercial light 
industrial no alcohol sorry does it alcohol or liquor no form no form at all thank you very 
much just uh so now there's no uh right to sell   alcohol or liquor however you want to call it 
on is that a new Zone I've heard that this came   about back it's been years ago um more than 10 
years ago we just don't have that many of them   yeah um it it was it was given uh the BCC you 
know put forth this idea as a way of um let's   say somebody wants a heavy commercial light 
industrial zoning uh and there's folks nearby   neighborhoods nearby um that don't want any of 
the alcohol uses the the applicant can ask for   this designation so they they could do whatever 
they needed to with that heavy commercial light   industrial but they can't sell alcohol correct 
so they can have a cement plant but they can't   sell alcohol correct correct okay cuz remember 
um I mean y'all don't y'all don't do rezonings   but when property comes in to be rezoned it's 
not s plan specific okay if if I come in and   say Hey I want to rezone this to commercial uh 
to build a store well it doesn't matter what I   say because once that property is rezoned every 
use that's allowed by that zoning District could   go in there so this was uh this was the board 
solution to resolve those concerns can can you   put that designation that na designation on any 
zoning no someone would have to request it at the   time they go to Res request it but could it say 
commercial na or uh no no it's specific to this   uh heavy commercial light industrial which is 
you know it brought in all the old C2 District   uses okay okay history lesson yeah all right sir 
where were we oh sorry um this is also the um 500   uh foot radius of the uh future land use in the 
location um and this is a uh aerial that shows the   wetlands that are located on this parcel um which 
is pretty extensive um this is the public hearing   sign um this is uh looking onto the property 
from the entrance at uh Blue Angel Parkway this   is um viewing further into the property from that 
entrance um this is um looking at the uh Salvage   operation um as you can see to the right there's 
um a structure there for uh work to be done um and   then this is looking Southwest um from that same 
entrance down um Blue Angel and this is directly   um across uh west from the parcel and then this 
is um looking north um again from that same entrance okay um okay so uh the requested conditional use 
was to allow for a salvage yard um with outside   storage and towing activities um the conditional 
use is um salvage yards not authoriz excuse me   not author otherwise requiring approval as 
Solid Waste processing um facilities um for   General compatibility um the Salvage jard uh 
could be conducted and operated in a manner   that is um otherwise uh compatible with other 
hcli zoned properties um it shows uh the site   is already um conducting such business um 
the facility and services um the applicant   again has existing utilities um as necessary 
um to conduct the proposed Salvage and Towing   operations um for on-site circulation um Ingress 
and egress uh would be accessible through the   existing driveway connection which already had a 
do um permit for that um it's the responsibility   of the owner to ensure that the P truck um 
would be able to maneuver in and out of that   existing driveway without obstructing the traffic 
along Blue Angel um nuisances and Hazards um the   applicant is requesting the additional use of 
Salvage activities um to the existing automotive   repair and use Auto Sales um and this would 
be incumbent upon the applicant to not create   any new nuisances with the new uh proposed use 
um for solid waste um again there's already um   adequate um for the retails uh excuse me for 
the um current use which is automotive repair   and use sales and he would just need to um again 
that would be incumbent upon um the applicant to   properly continue to screen all of those solid 
waste from view um and then again with this   property we're looking at a similar situation 
this parcel is buffered um quite extensively   by Wetlands along the um Corridor uh and local 
area there off of north um Blue Angel and then   um for signs and lighting um there is an existing 
um on-site um pylon so um the signage will have   to be permitted for the change of use stating um 
the new use if approved um site characteristics   everything um size shape location and topography 
appears to be adequate to accommodate um the   proposed use of Salvage activities um 
yeah I think I think that's pretty much everything you uh have you you finished your 
report yes oh I'm sorry I'm sorry about that   um staff findings is that the applicant 
has submitted um the documentation to um   address all the conditional use criteria 
um and I um recommend approval um for the   conditional use as as requested sir would 
you like to make your comments now yeah   I've haven't done this before so I'm not 
really sure how to present this case but um we've been operating a towing business mechanic 
shop since 2014 uh when I purchased the property   uh shortly after it was rezoned um I started 
the um formal uh development review in 2020   and I thought uh I submitted my payment and I 
submitted my application and I thought that the   um that was actually as a result of uh code 
enforcement violation and uh I thought that   that uh development review process had been 
completed um The Code Enforcement violation   case was closed at that time so I just assumed 
everything was good to go so uh we had another   code U enforcement violation brought against 
us um last year and as a result of that um just   recently it exposed that um we are not supposed 
to be uh storing Vehicles outside for more than   72 hours uh which obviously is part of a towing 
operation that's not you can't uh conduct a towing   operation and Only Store Vehicles outside for 
72 hours uh so at that time it was recommended   to me that we that I go in for this conditional 
use um so that that was a reason behind um doing   this formal application for conditional use um 
like I said we're really not looking to change   anything in our operation um this business has 
been in operation for 10 years and um we really   haven't had any complaints um from our neighbors 
uh we try to be a good neighbor um if there's   anything in the um review process that needs 
to be addressed we'll obviously address it so uh do we have any questions for the 
applicant yes sir oh I just have a   quick question um um how do you guys um 
prevent like you know oil spills or like   leaking vehicles um from you know um just 
contaminating the area in the back back there so um we do have a work area that's it's 
uh concrete um it's it's um a 1200t work area   attached to a shop area and that's where the 
mechanic does his work um and he is responsible   for um disposing of antifreeze and oil um he does 
have a manifest he does properly dispose of any   fluids that are in the vehicles that need to be 
removed um in terms of Salvage activities we're   not really dismantling and doing anything you 
know out in the yard itself so we're not really   having to be concerned with oil spills and things 
like that from my for my understanding of salvage   vehicles that that wrecked or something may have 
happened to them and they get a Savage title is   that correct and um do they come in leaking 
sometimes you know while they're sitting back   there I mean how do you prevent that so most of 
the fluids that are so we're a towing operation   so we're Towing for law enforcement we're going 
to uh remove disabled Vehicles off the roadways   most of what happens in terms of spills and 
whatnot happen there at the accident scene   and um we're just basically responsible for 
putting oil dry on the road to absorb it any   fluids we don't actually we're not responsible for 
actually removing the oil dry with the absorbed   fluids they're they're left at the scene of the 
oxone um so okay basically my question was just   for the yard once it gets there say a car has a 
a a bad oil gasket or something in the oil pan   and it's it just leaks on a daily that was my 
concern you know how do you guys prevent that   stuff like that from happening in the back back 
there yeah so uh other than the the yard being   completely graveled we don't put like a oil pad 
or something down under each car as we bring it   in so we're really not if there is a leak 
there there will be an occasion where some   oil or whatnot will leak onto the ground yeah all 
right thank you you're welcome any other questions   I have a question uh maybe for for or Melissa 
I got right is this concerned after the pack permit so I wanted Melissa to answer oh 
I'm sorry um I I do believe this um does   impact um due to Prior um existing views 
um that this was uh requested after the   the fact you said that in 2020 you had a code 
enforcement violation and then again a year   a year ago you had a code enforcement 
violation can you tell me what those were um it in [Music] 2020 somebody um stated that our property wasn't 
properly zoned for the activities that were   taking place um and that turned out to be 
false the rezoning that happened in 2014   didn't um whoever is responsible for updating 
that information on the website didn't update   the fact that we were reasoned so that actually 
turned out to be false um but as a requirement   of that we were told that we needed that we never 
formalized our development review so we needed to   formalize our development review so that's when 
I did the application um submitted it and I never   received any comments but code enforcement said 
that they were going to close their case when that   process had been completed so code enforcement is 
the one that was I was in communication with they   contacted me and said they reviewed everything 
it looked like everything was good to go and   they closed my case I never did receive any 
comments um from development services so I   just assumed it was good to go um the most recent 
um code enforcement had to do with vehicles that   were put out in front of my yard and um so it was 
more of a cleanup type code enforcement violation   that I had cars that shouldn't have been out front 
that were disabled like on the RightWay you mean   when you not on the right away more I was using 
the vacant parcel that is to the north of me um   to store some cars okay and um then at that time 
I was told that I couldn't have any cars whether   they were disabled or functional out front and 
that's when we got into this conversation about   the fact that I thought as a car sales car lot 
that we could have cars out in front and then we   started talking about outside storage of vehicles 
so savaging activities okay Horus yes again again   let me let me let me let me um um yes it goes 
back but the gentleman we met with him a couple   of months ago about a few weeks ago he came in 
trying to trying to make him trying to make it   whole and complete there was some perhaps uh uh 
uh miscommunication that was done on the part of   of another agent that was in violation that that 
was looking at the cold site so that's need to he   that he he came back in we met we gave him a path 
to go forward it appear there's an existing call   now he want to again this multiple use he want 
to have savaging activities with this type of use   with this use as well now the whole cyc still have 
to go through the Cy plan process and he he he G   this time he know he got to complete it there was 
some there was some miscommunication that was done   but he came in he said Thank you Mr Jo let's try 
to get me hold and so I can comply if the board   with everything so it it is a he is a use now he 
want to have condition use approval for savaging   activities the whole site again going St have to 
come back to the development order so that he can   make sure once he start if the board approve the 
development order for savaging he can have that   used and if they does not he still going to have 
to have site plan review process for the other   operation that's ongoing that's and my my major 
my major concern is this has been going on for 10   years and this has been a salvage operation for 10 
years and it's located right by a wetland um which   I believe is connected to to a larger Wetland and 
we're we've got cars here that are deteriorating   and leaking um I would be willing to bet that 
at least 50% of those cars have started leaking   without anyone's knowledge and we're leing into 
gravel area which is running into the wetlands and   my concern is is any environmental issues being 
looked at during this site plan process it will be   they believe me they will be they will be looked 
at you're right because that's you're right they   will be looked at it wholeheartedly and I think 
and I think and and and according to the officer   which is not here I think the site some a whole 
bunch of stuff been cleared from that picture   so so so so so code enforcement he has made some 
some cleanup activities because of the because of   the citation now he just got to try to comply with 
the rest of the regulations now jebus of use is in   operation that still don't mean that it complies 
with the cold so but that's need there now he's   trying to make it whole to get the opportunity 
to a path going forward that's what we if the   board so desire but the site plan review Wetlands 
all of those things will be looked at Mr jomer   and our team and storm water we going to look at 
that wholeheartedly what is the um buffer that's   required um for this type of use uh for a wetland 
next to a wetland so they need to average a uh 25   foot buffer I would caution uh the wetlands layer 
that layer um is for reference only when and it   may be more and it may be less correct you can't 
you can't really make decisions based off of that   it is simply an indicator that there are wetlands 
in that area it would require flagging to go out   can I add to this pleas see if you look at page 
26 of the case findings that actually gives uh   delineation that was done by Wetland science 
in 2020 I had that updated I actually had it   done originally in 2014 before I ever started 
operating the site and then I had it as part   of the um application that was done in 2020 I had 
it updated on April 24th of 2020 and so and based   on that we actually pulled out some of the where 
it's real close to the boundary we actually cck   cleared off several of those cores so that we have 
an appropriate buffer um so we are very aware of   the wetlands on the site and we aren't trying 
to get in any trouble with the environmental people so our we go back to this thing so our 
what what you're here before us today is for   conditional use to allow a salvage yard 
and the definition of a salvage yard is what so not not not to get too deep in 
the weeds here um our code doesn't   address what's considered an impound lot we we 
don't go there um and when it comes to salvage activities if it's a matter of vehicles being 
placed there and parts coming off going in and   out um that would come to this board as as salvage 
yard that's not processing the vehicles okay um   that goes to the board of County Commissioners 
as a conditional use but that if the difference   being if you've got vehicles that are being 
stored you may be taking some parts off of   them uh that's not the same as rendering Vehicles 
into uh something else as in recycling crushing   tearing them apart that's more that's where it 
falls into that Solid Waste processing so we if   it's not a recycling operation a solid waste 
Creator um it falls under this vague category   of Salvage operation and Def thank you for that 
very definition that's why we an industrial sale   or area for the collection storage sale Salvage 
talking about Salvage y or exchange dis assimil   shredding compaction bailing or other handl 
of scrap or discard material or equipment for   Savage including Metals paper Rags tires bottles 
and cans Motor Vehicles Machinery appliances and   structur still so it it's a very very broad 
category that's why the code says conditional   use approval for these type of activity that's 
what indicating that he is that he would like   to do along with his existing operation and 
uh under that as as Mr Jones was saying under   that very broad umbrella of Salvage um this 
is on the lighter end and it comes to this   board right when you go to that the heavier end 
where you're rendering absolutely materials into   something else that's when it goes to the BCC 
yes it does and you may not know this answer   and I I I go back to the fact that there's a huge 
wet l and um and that's my ultimate concern here is does the thises EPA or um any other agencies 
have um an idea that this is going on um is is it   uh something that is uh regulated this activity 
regulated by maybe you know the state as far as as far as these chemicals um and 
the removal or containment uh of such chemicals uh not to my knowledge but um 
I understand the concerns I just don't   agree that that is what's happening with these 
cars that are being parked in in the yard that   they're deteriorating and leaking fluids I just 
that's not something that we see um that would   you don't think that a 10-year-old car that's 
sitting outside won't deter we're not keeping   we're not keeping the cars for 10 years I mean 
we basically um again this is more to support   my Towing operation we're we're not trying to 
be a junkyard um this is this conditional use   is really to just allow a longer stor storage 
period for the vehicles that we're impounding   through our Towing operation okay how long are 
they impounded for um well I would say we can   safely say that within a Year's period you know 
the cars would be removed um but in terms of the   impound I mean a normal impound is going to be 
um maybe so in in terms of the towing operation   there's a tow and storage lean process so when 
somebody doesn't claim a vehicle um if it's a   newer vehicle we have to hold on to that vehicle 
legally for 52 days okay so so at a minimum for   those situations um depending on the age of the 
vehicle it's 37 days or 52 days at a minimum   that we have to keep those vehicles um so it's 
a case by case and thenar what happens to the   vehicle after 52 days so it again it's there's 
just multiple scenarios um that what what could   happen um we do try to get if there's no insurance 
involved we do try to get the people to come in   and bring their titles and and once that happens 
then we can sell the vehicle as is or we can um   you know if it's an older vehicle we'll scrap it 
so we basically take it over to one of several   local scrapyards there's also other people that 
we would sell these vehicles to just in their   complete so this outour storage is um short-term 
outside storage correct I would classify it as   short term but it's longer than 72 hours yeah 
the that I call requir outdoor stores of 7 to2   hours and and and and and that and that's what 
I call requires um um but all of those concerns   about environmental we we we we we definitely 
could reach out to to to to Mr Chips C for Tim   day our environmental uh experts to look at those 
things and and and we could put those some special   project condition on the site plan review if 
that is a concern but we definitely have them   looking at that as well because I understand your 
concern Mr Bass on your repair shop do you have any state licenses that you have to uphold um 
well we have the motor vehicle license that's   issued by the Department of Agriculture that's the 
only license that's required to do motor vehicle repairs we hold that obviously we have 
that we also have our occupational license does any other board 
member have any questions uh so essentially U if I understand what you're 
uh requesting is you would like this conditional   use in order that you might have the outside 
storage of the automobiles or vehicles that you   recover uh for more than the mandated uh what 
is it 72 hours or is that right yes sir that's   essentially what you're asking for exactly 
okay well Bor do we have uh would you like   to add anything else to your presentation not at 
this time thank you staff do you have anything else okay Mr chairman yes sir um I just want 
to understanding um those cars are going to   be there for a minimum of uh 52 days you have 
to I mean you have to hold them for 52 days   before you you able to do something with 
them again it's a depends on the situation   if there's Insurance involved the car could 
leave the next day um if it's a DUI it could   be picked up you know it wasn't even involved in 
an accident it could be operable could be picked   up within a week um if it's a u newer car uh 3 
years uh or newer than it's the 52 2 days and   if it's older than 3 years and it's U 37 Days 
basically thank you you're welcome can I see   an aerial of of this with the Wetland everlay 
I just want to make can can you get the maps thing so that's that's my concern is 
that that hasn't been looked at and and the fact that this has been going 
on for for 10 years and that Wetland um   has been exposed to This concerns me um to 
move forward um with this type of operation I agree with that 10 years is a long 
time for it not to be a big deal long time are there other comments my last comment 
it's just you know you keep piling stuff in   there it's just going to get worse it's going 
to on top of that 10 year I mean I can imagine   I know everything come in there don't leak but I 
can imagine there something that do and nothing's   being done about it and this I do want to say 
there's another process for these things if   there's a concern that you want to make for 
him to look at have another Welling survey   or whatever there's another process for those 
things that can happen that that can happen those   are jurisdictional Wellness D if this came to if 
this came to this board and he said hey there's   a piece of property right here that I want to 
start my business on and I guess that's the way   I'm looking at it is if he came that was a vacant 
parcel never foot step foot on that property yet   and he says Hey Board of adjustments I want to put 
a storage a salvage yard with outside storage and   towing activities that's the way that I'm looking 
at this regardless of what he did in the past it's   a brand new thing I don't even look at what's 
there now okay how would I approach this would   I say sure put a salvage yard right by a wetland 
that's a good idea this is in one of the criteria   it says that a site plan review process will yet 
be necessary I understand that so but it also   says it comes before the boa and it says y'all 
determine whether or not this is a good use for   this property and you do have and you do have that 
and we will tell you basically is this based upon   the information that we have now there would be a 
substantial review and look at the wetlands during   the site plan VI process and if and and if there 
is some mitigation if there's some protocols that   has to being placed with that use to protect those 
Wetlands we will let him know that and before we   issue him and development order to proceed those 
things will have to be looked at wholeheartedly   and holistically with those things in place 
that's how we would take it from from there yes   and we and we do know and with the maps that's one 
things that our V look at vacant lot yes there's a   lot of Wellness this use how it going to impact 
and we were engaged with him he may have to get   more information from to to satisfy the envirment 
reviewer that sits on the enironmental team so it   would be no com he got it there's no other review 
he got CU y'all know there are some substantial   level of review that we so that's how to answer 
that question from I don't know if that is your   concern but it was it is it will not be no yes 
he can do it no other said no no y'all raised   the concern then we can tell hey the boa had 
this concern look at it what you're going to   do to mitigate to protect to stay out of you got 
to have that and if he and and and and and and we   can we can have higher standards we can tell him 
you need to do this to protect and those things   have to be in place before he get a development 
order to proceed so so there are protocols that in   place when it come to these type of use to protect 
those are now we may can't minimize everything but   we can try to provide the protection within that 
as much we possibly can be because of the concern   that was raised there is one thing I and I would 
agree the vi with Vice chairman on uh if we were   looking at this as a blank slate where there was 
nothing there the the reality of though what we're   dealing with is a business uh businessman who's 
been in this uh on this parcel for I think his   testimony was 10 years and essentially what we're 
trying to do now is close the Barn Door uh it   looks like to me uh and so it's not this I I agree 
with Vice our vice chairman in the sense that If   This Were A blank slate then we would be taking a 
at least I would take a different U uh look at how   to address this but it's a different situation 
from having just nothing there uh just Bar L   and from a business that is already established 
there that's essentially I think from what I can   gather is trying to get in compliance with our 
ordinances is I think essentially that's where   we are yes sir and you're correct and we will take 
this as if this is a blanket slate as well I mean   when you come in je because you may been there 
if you have not so so whatever the regulations   are if it's mitigation paning clean up whatever 
whatever takes to do that that's what he have to   do once he come through the site plan process I 
understand it's sort of after the fact but that   still is an issue and we have to try to address it 
as much we possibly can yeah and so I think when   we are making our decision process and and each 
of us casting our vote at least as far as I'm   concerned uh I'm want to look at this in the light 
that uh uh and I agree with the vice chairman this   is not it would seem the most ideal place to 
have this kind of operation in uh adjacent to   Wetlands massive Wetlands but there but they 
it is there it has been there for a decade the   owner is trying to uh uh become compliant with 
the law uh with our ordinances and so that's a   different uh at least for me a different thought 
pattern than if someone came in and said hey I   bought whatever acres and it's in the middle of 
a wetland and I want to do a have a salvage yard   I mean that's that's not our case here the case 
that we're dealing with is what's on the ground   now as as it goes so I would just throw that out 
for what it what it's worth and I would probably   beg to differ but but I I I understand and it's 
a perfectly valid position well I think the I   think that we're here today because of a new Co 
code enforcement violation and I think that had   he not gotten the code enforcement violation we 
would not be here and this would continue and I   think that unfortunately after 10 years there's 
been no regulation um on this site uh by um EPA   or whoever uh regulates these things um well I I 
would agree with that but if it helps the Board   the most recent code enforcement violation uh was 
725 of 23 description was inoperable vehicles and   right of way no privacy fence around business 
that's all that it addressed so but you know   we are we can only work with the here and now and 
what's in the past is in the past and uh we can't magically uplifted this business site to 
somewhere else it is what it is and and I'm   one for trying to uh trying to uh address it and 
to get the uh owner our petitioner uh compliant   because all right let's say for the sake of 
argument and that we decide the majority of   us to deny this well I'm not sure what how 
helpful that's going to be in the long run   in addressing this situation the Salvage Yard's 
still going to be there there's still going to   be issues with the county I would think about 
code enforcement and uh uh maybe I don't know   uh environmental uh reviews and stuff like 
that so it's uh I mean if we deny then I   don't know that we're helping the situation 
uh if it were like I said a blank piece of   land virgin land with nothing on it then it 
would be different but but we have a business there and I honestly and I fully understand about 
the wetlands and I don't think it's the greatest   idea in the world to have them where have this 
operation where it is but it is and that's The   Facts of Life that we have to deal with and I the 
only thing I can say is is that we try to get the   owner compliant and if the Mr Jones is correct 
is that development review that there are going   to be some environmental uh issues addressed at 
that point that's the best fix it than not doing   anything and denying I mean I I would hope that 
those environmental issues are addressed whether   it's um approved or not approved I would hope 
that those issues are addressed no matter what   at this point because it's been 10 years I I I 
think so I I and I agree with you on that that   we would I think we would if we did approve this 
then I think that the in the development review   process and I'm really I'm as y all know I'm not 
been a fan of the way that we do the development   redu sometimes with some of these cases I do feel 
like that we don't uh address things that I think   are important but in this particular case if 
it's the only Avenue that I see if we don't   do it we deny it what do we got we're he's 
going to still have issues with the county   oh I would imagine and whatever other agency 
uh that regulates the environment so why not   try to get uh this uh compliant so that uh at 
least we can do some fixes because if we don't   we're just going to make it more uh difficult 
I think uh to achieve some compliance that's my   thought and U and I as I said I just don't it's 
a different analysis I've I said before between   a just a vacant pie of property and one that's 
occupied in in in in the situation it's in now   in my opinion and I invite any more I think 
uh Jennifer has has made a good uh many good   comments and so has have you Mr chair and I think 
uh right now I'd say one of you should uh make a motion do I hear a motion I'm the chair so I 
unless I pass it uh do I hear a motion from   anyone I make a motion that we accept the 
board's recommendation we have a we have we   have have a uh recommendation for acceptance a 
motion for it do I hear a second second I have a   second board members are there any final comments 
that we would like to make uh there any speakers   oh yes I'm sorry there is Chairman the speaker 
that submitted that form I advised that he was   leaving and he didn't want to speak anymore 
okay so you're uh just for the record that was Angelo uh Fielder I believe uh uh is 
uh left the meeting and uh his chosen not   to be and and thank you um I appreciate 
the reminder well if there are no other   uh comments all those in favor of granting 
the uh petitioner request and approving the   staff's findings of fact I'll ask that everyone 
that's in uh in approval uh raise your right hand and we have five is that 
right 5 to one we have five to   one with our vice chair in uh descent 
thank you sir and I'm sure if you get   one Mr Jones or one of the staff 
instruct you on where to go from here and our last um hearing today is uh case number 224 -06 4735 Mobile Highway 
the request is to allow a restaurant not among   the permitted uses and Mrs Bush is the agent for 
Oola six investors LLC the owner owner and Miss   Bush uh first let me ask have there been any exp 
party Communications seeing none uh has there been   any uh knowledge or information obtained from a 
site visit or other sources seeing none uh and   is there I'm going to ask any board member intends 
to refrain from voting due to a voting conflict of   interest and I have that conflict I know yall are 
all hell happy about that um I have to read this   uh disclosure um it says I Jennifer bass hereby 
disclose that on March 20th 20124 a measure came   or will come before uh the boa which in your 
to the special gain or loss of Rebel battle and   Associates by whom I am retained uh the measure 
before my agency and the nature of my conflict   interest in the measure is that my employer reel 
battle and Associates is under contract with the   applicant to perform Engineering Services for 
the project located at 4735 Mobile Highway and   um I do not plan to partake in discussion or in 
voting of this case thank you uh that's let the   record reflect that still leaves a quorum of five 
members here and able to vote uh Mrs Bush you uh I   presume did receive the staff's findings of fact 
and you have read them yes sir and uh you are in   agreement with the findings yes sir uh would you 
like to make a short presentation now or would   you like the staff to go through and make their 
presentation and then you follow up with uh your   own well just very briefly um the reason for the 
request it's for a Chick-fil-A with a drive-thru   um the code requires that it be at least 200 
feet from any ldr MDR zoning District unless   separated by a 50 foot or wider street right away 
in this case there is adjacent MDR zoning at 13   Sue Trail so that's the reason for the request 
um I'm happy to let staff proceed with their   findings which we agree with uh Andrew could 
we yes sir all right uh this conditional use   case cu22 24-6 this is our location map you can 
see the uh the parcel in question highlighted in   red the 500t foot radius zoning map showing the 
zoning on site is HCl and as you can see on the   south corner there it is directly adjacent to 
medium density residential future land used for   the site is commercial there's an aerial view 
of the site on this aerial you can see the old   acola Motel uh that was the structure on site 
that has since been removed this is the public   hearing sign that uh was posted on Mobile Highway 
looking Northeast uh this is the public hearing   sign posted on tananda this is looking into the 
subject property from Mobile Highway um in each   of these photos looking in you can see there are 
some quite large um live oak trees and I'm going   to be addressing that as we go forward this is 
looking Southeast from Tanana Wanda and Sue and   then this is looking North from Su Trail uh just 
outside of the medium density residential zoning   so um we also have in the packet and we can get 
to that they they have submitted a conceptual   site plan um and I'll going to let you know 
now the the large the presence of the large   trees this has been in discussion for several 
years now now um our arborist has visited the   site and done an assessment on all the trees 
um I mentioned the site plan because once we   get into development review there may have to 
be some adjustments made uh as we try to work   around the situation with the trees um you know 
generally a commercial use we aren't wanting it   to uh connect onto a local Street if if there's 
another alternative but given the sensitive   nature and the size of the trees um our staff is 
going to be quite flexible and uh any measures   we have to take to save the trees that can be 
saved as to the the criteria for this um once   again the code tells us we can't have that res 
a drive-thru there because it's not separated   by a 500 or 50ft or more RightWay it's directly 
adjacent that sends us to the conditional uses   and it says restaurants that are not among the 
permitted uses of the district as to the first   criteria this is about General compatibility this 
parcel directly abuts medium density residential   Zing so it requires conditional use approval 
to have a restaurant with a drive-thru the use   is compatible with the current zoning and uses 
along Mobile Highway a principal arterial Road   facilities and services facilities and services 
are available and will be provided as needed for   the proposed use the connection to these services 
will be reviewed at the development review stage   on-site circulation based on the submitted site 
plan primary access will be Via Mobile Highway   design of secondary access is on the adjacent 
residential streets will be determined by   existing large trees on site the county seeks to 
preserve as many as many large trees as possible   and design considerations for Access will be 
determined during the site plan review process   nuisances and Hazards as shown on the submitted 
site plan drive-through operations will be as   far away as possible from many residential 
uses Solid Waste Solid Waste Service must be   provided provided as needed for the proposed use 
screening and buffering if the conditional use   is approved the applicant must meet the screening 
and buffering requirements of the Land Development   code and supplemental buffering between the 
restaurant use and uh nearby residential uses   signs and lighting will be evaluated during 
DRC and must be limited to what is allowed by   provisions of the LDC exterior lighting shall be 
deflected from adjoining properties and in public   streets site characteristics the location 
appears adequate for the proposed use as proposed specific use requirements the 
LDC lists no specific requirements for   the proposed use and as to the finding 
staff recommends approval of the proposed   use as requested with the condition of 
pending completion of the DRC process   and receipt of a development order 
and that concludes staff's findings do we have any questions for the staff Miss Bush would you like to make a presentation thank you Mr chairman we are in 
agreement with staff's findings um as shown on   the location map and in the aial this property is 
surrounded by commercial uses it's right across   the street um well to the southeast AC Ross the 
street is the large Walmart Super Center on Mobile   Highway you've got Home Depot and Advanced Auto 
Parks along with the Denny's and budget breaks   to the northeast or Northwest is a Tom Thumb 
convenience store there's a Happy China Chinese   restaurant sunny day spawn Dollar General store 
so the predominantly um the area is predominantly   commercial but there is as stated that um you 
know some existing residential and MDR zoning   which requires the conditional use approval 
um the development as proposed on the site   plan includes three access points um there will 
be sufficient buffering and Landscaping between   the residential use and the commercial use of 
the Chick-fil-A and as outlined on the site   plan the drive-through is actually to the far 
other side of the property from the residence   but it's still because it's ajacent it's less 
than that um 200 ft and doesn't have the right   away between all the sides of the property has 
a 50 foot right away or greater um we believe   we've met the criteria of the code I do have a 
representative here from the developer if you   have other site specific questions but we would 
just ask that you find that we've met the criteria   and approve the development are the conditional 
use do we have uh questions for Mrs Bush yes Mr   chairman I have a question yes sir was there one 
down there no I was just going to take a moment to   be silly because this has been a serious morning 
I was just wondering when they going to open up   on Sundays that's all have have there been any 
preliminary uh selection of of the oak trees that   will be left has that been addressed yet can do 
you want me now for the past year we've sir are   you Mr Brock yes sir you want to come forward if 
you would give testimony and be sworn sir please   raise your right hand do you Solly swear affirm 
that the testimony you're about to give will be   the truth the whole truth and nothing but the 
truth help you God St your name and address   and you can continue Stuart Brock 132 Lorena 
Lane Birmingham Alabama 35213 uh yes sir to to   address your question yes uh um Mr Homer can can 
attest that I personally have been working with   Jimmy Jared at the county Orest for over a year 
uh on taking measurements of each tree uh having   specific tree surveys done uh I don't know how 
many specific site plans we have gone through but   I can tell you it is over 25 um they have seen a 
lot of them uh we are relying specifically on her   advice to save and preserve as many trees as 
possible but also we want to provide a great   opportunity for the community so thank you how 
many trees are are there that are in uh at issue here I don't have the the tree survey on me um 
which is roughly are we talking 10 or that are   of uh 12 15 I'd say less than 10 uh but some of 
them are quite large there's one in the center   that is extremely uh big but is not in as good 
a shape as some of the ones that are slightly   smaller um and that's going to be part of this 
whole thing is you know um it what's best uh   is is saving some that are almost as big you know 
that that can be saved as opposed to one that may   not be in that good a shape um that's why I said 
there's there's still some more trading there to   go on um but of course our goal is to follow our 
code and our tree preservation ordinance and uh   when do you anticipate you will be able to break 
ground and begin your construction a lot of that   has to do with Chick-fil-A and how quickly we 
can get through the process um the Chick-fil-A   deal is corporately approved they have been down 
here they have toured the market three different   times um an Ideal World we would turn the property 
over to them uh to to begin vertical um vertical   construction probably late fall of this year uh I 
think probably more realistic would be um fourth   quarter of this year and then they would look 
to try to go vertical maybe this time next year   and what kind of buffering are you planning since 
you do have some residential property uh near you   what how how do you what kind of buffering do you 
plan to have uh really we would just try to meet   and exceed whatever is required by code okay um 
Andrew do you have any idea what we're buffering   wise will it be vegetation or uh fence or it'll 
be a combination of both we would want a privacy   fence but we're also going to require vegetative 
buffering now depending on existing vegetation   we're going to want to use that as if we can as 
far as trees and everything else um that that's   going to go into the amount of vegetative 
buffering we're going to require obviously   if there's some trees that need to remain uh we 
may not we may not have them plant as many shrubs   and whatnot we don't want to disturb the trees 
that are there okay all right uh Miss Bush did   you have have any other comments no we would 
just ask that you approve that we've meet the   we've met the criteria of the code uh staff do 
does we have do we have any uh I'm sorry board   do we have any final questions for Miss Mrs Bush 
no uh do we have any final questions for and no   well I guess we've reached the point in time 
where we would need to have uh a motion make   a motion appr to approve um according to staff 
fining we have a motion to approve the request   second Mr chairman we have a second any further 
discussion no discussion seen all those in favor   of uh this uh application please raise your right 
hand let the record reflect that the vote was five   in favor and one exstension thank you Miss Bush 
we appreciate your being with us yes thank you Mr chair uh Andrew do you have anything you'd like to pack of lunch for next month um baby needs 
new shoes so well we with the addition we're now   up toi you know bringing on five five cases next 
month five cases all right uh one thing that I'd   like to bring up to the staff before you go uh Mr 
Rachel sent I guess everybody an email about now   you can't file apparently the paper form one 
with e ethics commission I started trying to   file electronically I'm here to tell you you you 
best start now because it doesn't look like it's   going to be very easy to use that system they've 
set up so Mr um y I am not technology savy at all   I'm telling you sometime I don't even know to 
turn my phone on and off and that's the truth   but I did it I was I had the same reservations oh 
my Lord but I'm us I'm old school I'm not old but   I'm just old school yeah I did yesterday morning 
I was nervous but guess what the directions are   plain and it's clear and I'm telling you it's 
not really that you do have to register once you   register I mean they I mean they they'll walk 
you through everything I mean it it's really   it's really quite helpful and and and quite uh 
childlike friendly like me well I definitely when   you're old like me you need all the help you get 
well but I think yeah it's really not that hard   so anyway I just bring that up that normally 
I'm the one that waits till the night before   to do it uh on paper uh you might want to look 
and try to wrestle with it so Mr chairman I'm at   a loss I I I haven't received any requests for uh 
well I'm sure Rachel will send you you got it yes   it's about your form one submitting your form one 
with the supervisor of elections online I believe   I said it yesterday or the day before a second 
one yester I think it was day before day before   with some instructions but I can I'll send it to 
you again a separate email just and it doesn't   go to the uh supervisor of elections anymore now 
it goes that what I read to the ethics Commission   in Tallahassee so that's how we would check if 
you did it or not yeah but yeah so anyway I just   throw that out and so I do we have anything from 
our our good Council good okay well let Let Me   Close Up by saying I appreciate everybody's hard 
work and I appreciate the staff's hard work and   if sometimes we at least I'm speaking for myself 
and I'm sure I'm hoping I'm speaking for the board   sometimes we may not agree with the findings uh 
or how they're presented but that doesn't mean   that we don't appreciate Andrew and his staff and 
uh Mr Jones and how hard you you guys work it's   just uh uh we at least I see things sometimes 
differently but uh I did want to say that today   I guess was an example that sometimes we have 
cases that we just don't see the way the staff   viewed them but that's not to say that we don't 
appreciate everyone and the hard work that they   do so having said that I'll entertain a motion to 
adjourn motion to adjourn all right I I'll second there