##VIDEO ID:4BG7IhmonJ0## thank you for l could question all right good morning everybody this meeting of the Escambia 
County planning board for August 6 2024   is hereby called to order with eight 
members present we do have a quorum   uh if you would please make sure to 
put your phones on silent or vibrate   uh to not disrupt the meeting and if you would 
please stand and join me in the Pledge of Allegiance I pledge allegiance to flag 
of the United States of America to the   stands Nation God indivisible andice for all all right thank you do we have proof of publication 
yes sir did the publication meet all legal   requirements yes sir I now entertain a motion 
to wave the reading of the legal advertisement   got a motion do we have a second second all right 
all those in favor please signify by raising your   right hand motion carries the resoning meeting 
minutes from the previous meeting dated July 2nd   has been provided to the board members were there 
any additions deletions or Corrections seeing none   do we have a motion so move got a motion and do 
we have a second got a second all those in favor   please signify by raising your right hand all 
right motion carries the resoning hearing package   for August 6 with findings of facts has been 
provided to the board members I'll now entertain   a motion to accept the rezoning hearing package 
with findings of fact and the legal advertisement   into evidence do I have a motion motion second 
great all right all those in favor please signify   by raising your right hand all those opposed will 
a court reporter please swear in members of the staff right the board has previously been 
qualif has qualified staff to offer expert   testimony in the area of land use and planning 
does anyone have any questions regarding their   qualifications and ability to offer expert 
testimony all all right at this hearing the   planning board is acting under its authority to 
make and hear recommendations to the board of   County Commissioners on rezoning applications the 
these hearings are Quasi judicial in nature quasi   judicial hearings are like evidentiary hearings in 
a court of law however less formal all testimony   will be given under oath and anyone testifying 
before the planning board may be subject to   cross-examination all documents and Exhibits that 
the planning board considers will be entered into   evidence and made part of the record opinion 
testimony will be limited to experts and closing   arguments will be limited to the evidence in the 
record before making a decision the planning board   will consider the relevant testimony the exhibits 
entered into evidence and the law each individual   who wishes to address the planning board must 
complete a speaker request form and submit it   to the planning board Clerk these forms are 
found at the back of the table they're the   pink forms which I think most everybody's gotten 
one in um you will not be allowed to speak until   we receive a completed form and please note 
that only individuals who are present and give   testimony on the record at this hearing before 
the planning board will be allowed to speak at   the board of County Commissioners hearing no new 
evidence can be presented at the board of County   Commissioners meeting therefore all testimony 
and evidence must be presented here today the   planning board will provide a recommendation 
for each resoning request to the BCC which will   review testimony documents and Exhibits consider 
the closing arguments and make a final decision   all Decisions by the BCC are final anyone who 
wishes to seek judicial review of the decision   of the BCC must do so in a court of competent 
jurisdiction within 30 days of the date the BCC   approves or rejects the recommended order of the 
planning board all written or oral communication   outside of this hearing with members of 
the planning board regarding matters under   consideration today are considered expar 
Communications expart Communications are   presumed prejudicial under Florida law and must 
be disclosed as provided in BCC resolution number   96-13 as each case is heard I will ask that 
any board member who has been involved in any   expar communication please identify themselves and 
describe the communication as required by section   2- 7.2 of the Escambia County Land Development 
code the planning board's recommendation   to the BCC shall include consideration of the 
following six approval conditions the applicant   has the burden of presenting competent substantial 
evidence to the reviewing board establishing that   the requested rezoning District would contribute 
to or result in a logical and orderly development   pattern the appropriate surrounding area within 
which uses and conditions must be considered may   vary with those uses and conditions and is not 
necessarily the same area required for a maale   notification a logical and orderly pattern shall 
require demonstration of each of the following   six conditions a consistent with Comprehensive 
plan that the proposed zoning is consistent with   the future land use flu category as prescribed in 
LDC chapter 3 and with all other goals objectives   and policies of the comprehensive plan if the 
rezoning is required to properly enact a proposed   flu Amendment transmitted for state agency 
review the proposed zoning is consistent with   the proposed flu and conditional to its adoption 
B consistent with zoning and District Provisions   the proposed zoning is consistent with the purpose 
and intent and with any other zoning establishment   Provisions prescribed by the proposed District 
in chapter 3 compatible with surroundings all   of the permitted uses of the proposed zoning not 
just those anticipated by the rezoning applicant   are compatible as defined in chapter 6 with the 
surrounding uses the uses of any surrounding   undeveloped land shall be considered the permitted 
uses of the appal district compatibility is not   considered with potential conditional uses 
or with any non-conforming or unapproved   uses also in establishing the compatibility of a 
residential use there is no additional burden to   demonstrate the compatibility of specific 
residents or activities protected by fair   housing laws D appropriative Spot zoning where 
the proposed zoning would establish or reinforce   a condition of spot zoning as defined in chapter 
6 The isolated District would nevertheless be   transitional in character between the adjoining 
districts or the difference with those districts   would be minor or sufficient sufficiently limited 
the extent of these mitigating characteristics or   conditions demonstrates an appr apprpriate s 
sight specific balancing of interest between   the isolated district and adjoining lands 
appropriate with changed or changing conditions   if the land uses or development conditions within 
the area surrounding the property of the rezoning   have changed the changes are such a degree and 
character that it is in the public interest to   allow New Uses densities or intensity in the 
area through rezoning and the permitted uses   of the proposed District are appropriate and 
not premature for the area or likely to create   or contribute to sprawl at the beginning of each 
case as long as there are no objections from the   applicant we will allow staff to briefly present 
the location and Zoning maps and photos of the   property next we will hear from the applicant 
and any witnesses that they may wish to call   then we will hear from the staff and any Witnesses 
they may wish to call and then finally we'll hear   from members of the public who have filled out 
a speaker request form and turn that in there's   one case to be heard today the first resoning 
application for consideration is case z-20 24-11 which requests resoning of Belleview Road 
from ldr low density residential district four   dwelling units per acre to MDR medium density 
residential district 10 dwelling units per acre   as requested by Meth Bush the agent for house of 
prayer for all nations the owner of the property   members of the board has there been any expart 
communication between you and the applicant of   the applicants agents attorneys or Witnesses 
with fellow planning board members or anyone   from the general public prior to this hearing 
have you visited the subject property and please   also disclose if you are a relative or business 
associate of the applicant or the applicant's   agent Mr Adams will'll start with you no to all no 
to all no to all no to all no to all no to all no   to all no to all all right staff was notice of 
the hearing sent to All interested parties yes   sir was notice of the hearing posted on the 
subject property yes sir all right uh mayori   are you good with having staff present the photos 
Okay staff will now present Ms and photos uh for   case z-20 24- yes good morning board Caleb Mardi 
urban planning manager certified planner for the   county um here for our case um is our location 
map this is our 500t radius zoning map showing   the property is ldr and the request is for MDR 
this is our future land use map it's mix use Suburban this is our existing land use map showing   existing uses in the area and this 
is a wetland map that we included um we do have an exhibit a um showing 
the subdivisions in the area and also   more focused aerial map here is our public 
hearing sign as posted on Belleview Avenue   this is looking North at the subject 
property along Belleview Avenue and   this is looking South AC cross Bell View 
From the subject property this is looking   west across the subject property on bellw and 
this is looking East along bellw towards Mobile   Highway from the subject property this is looking 
West along bellw Avenue um subject property is   shown on the north side of B we did post a second 
public hearing sign at the rear of the subject   property on Buckland Avenue this is looking at 
the adjacent property from the back side of BW   on Buckland this is looking East from the back 
side of the subject property this is looking North   from the rear of the subject property located at 
the CEST saac on Buckland and that concludes our   maps and photographs for this case all right 
thank you and Meredith I'll have you come up now and please uh State your full name and address 
for the record thank you Meredith Bush I'm at   Clark Partington 125 East in tendencia Pensacola 
Florida 32502 all right and you did receive a   copy of the resoning hearing package with findings 
facts for today I did correct all right and then   you understand you have the burden of providing by 
substantial competent evidence that the proposed   resoning is consistent with the comprehensive 
plan furthers the goals objectives and policies   of the comprehensive plan and is not in conflict 
with any portion of the County's Land Development   code correct all right you're good to go um 
thank you Mr chair and memb members of the board   I appreciate your time um just before I go into 
the criteria um I had some questions this morning   regarding whether or not this was going to be an 
apartment complex um so I want to make it clear   that the MDR re zoning that we're seeking would 
not allow for um an apartment complex so what the   developer is seeking is single family detached 
um dwellings um the current density of ldr is   four per acre at fully built out we we would have 
4.4 units per acre so slightly larger once built   out and I understand you can't base your decision 
today on the proposed development but how however   just so you know um diving into the criteria as 
to criteria a the proposed amendment is consistent   with the intent and purpose of the current future 
land use category of mu mixu Suburban criteria   B consistent with zoning District provision the 
proposed amendment to MDR is consistent with the   intent and purpose of the Land Development 
code the parcel is across the street from   medium density residential and adjacent to low 
density residential property the medium density   residential district establishes appropriate areas 
and land use regulations for residential uses at   medium densities within Suburban or urban areas 
the primary intent of the district is to provide   for residential neighborhood development in 
an efficient Urban pattern of well-connected   streets at a greater dwelling unit density than 
the low density residential district residential   uses within the MDR District are limited to 
single family and two family dwellings uh the   district allows certain non-residential uses that 
are compatible with suburban and urban residential   neighborhoods the residential nature of MDR is 
consistent with the intent and purpose of the Land   Development code AS to criteria C compatible with 
surroundings the proposed amendment is compatible   with surrounding existing uses in the area within 
a 1500t radius the applicant has identified   property zoned ldr MDR hdmu and hli within the 
general vicinity there are residential uses the   Pensacola Interstate Fairgrounds and various 
retail uses to ensure additional compatibility   with existing adjacent uses if the amendment is 
approved further review and evaluation through   the development Review Committee process may 
be necessary as to criteria D appropriate of   spot zoning the amendment request if granted would 
not create spot zoning the property is adjacent to   MDR zoning and within 1500 ft of MDR hdmu and 
hdli zoning and then as to the final criteria   appropriate with change or changing conditions 
based on the existing uses and intensities and   the zoning District allowances the proposed 
amendment would not create urban sprawl and   would be compatible with existing development 
it is in the public interest to allow the MDR   zoning the proposed rezoning will contribute to 
a logical and orderly development pattern um one   thing that's not in the criteria but was also 
mentioned to me this morning is a concern for   storm water um as you know the code requires all 
storm water would be addressed on the site itself   and no runoff to other site other properties 
would be allowed um and obviously with a new   subdivision they would have their own storm water 
management system so I'm happy to take questions   the Developers also present for questions 
right any questions for the applicant at this time all right uh if we need to get you back 
up here we will thanks all right staff um I'll   let you go ahead and make your presentation 
excellent thank you um concerning Criterion   a consistent with the comprehensive plan and all 
applicable goals get objectives and policy of the   comprehensive plan we found that the proposed 
amendment to MDR is consistent with intent and   purpose of the future land use category mix 
use suburban estated and comprehensive plan   future land use 1.3.1 mixu Suburban allows 
residential development and different types   of retail sales and services while promoting 
compatible infill development in accordance   with Comprehensive plan future L use 1.5.1 
the maximum densities and intensities are   encouraged and underutilized properties in 
the mixed use Suburban category to promote   the efficient use of existing roads utilities 
and infrastructure furthermore future land use   2.1.2 promotes compact residential development by 
allowing rezonings to higher density in the future   or mixed use Suburban future land use category 
concerning Criterion B consistent with the Land   Development code we found that the proposed 
amendment to Res a medium density residential   10 dwelling units per acre is consistent with 
the intent purpose of the Land Development code   the primary intent of the lowdensity residential 
zoning category which this property currently is   is for predominantly detx senal family dwellings 
with a maximum allowed density of four dwelling   units per acre and to preserve the character 
of existing and established communities within   the low density residential suburban area medium 
density residential zoning district is appropriate   to provide trans positions between area zone are 
used for low density residential and area zone   are used for high density residential or high 
density mix use MDR zoning allows for single   family same as ldr but with a higher density of 
10 dwelling units an acre the property to the   West is a plaed subdivision with the same zoning 
as the proposed MDR additionally the resoning to   MDR is an appropriate transition between the MDR 
property to the West the ldr property to the North   and the heavy commercial and light industrial 
property to the east due to the previous zoning   Des designation of v2a the property would be 
limited to single family residential development   additionally in a memo stated dated July 18 2024 
from transportation and traffic operations staff   comments have provided concerning the resoning 
request ttoo has no traffic capacity concerns   related to Belleview Avenue and the vicinity 
of the subject parcels there are existing speed   tables on bellw please note that tto's review 
is solely based on the resoning applications sub   midle packet so the comments above hold no bearing 
on any tto comments made during the development   review process continuing to Criterion C if the 
resoning is compatible with the surrounding uses   we found that the proposed amendment is compatible 
with the surrounding properties in the area the   surrounding uses are similar to The allowed uses 
under requested MDR District which is single   family within the 500t radius zoning radius area 
all properties with the ldr MDR and hli Zoning   districts that consist of single family dwellings 
or commercial uses on the individual lights the   abing MDR Z property to the West is single family 
subdivision dwelling subdivision of approximately   18 Acres the resulting density of the West 
subdivision is calculated to be 2.5 dwelling units   per acre additionally the ldr zone property to the 
north is approximately 10 acres and also a single   family dwelling subdivision with a calculated 
density of 3.2 dwelling units per acre we also   we also added a exhibit a Subdivision map to 
reference that if um the board would like to see   that later Criterion D appropriate if it's spot 
zoning we found that by definition the proposed   amendment to MDR would not be considered spot 
zoning due to the contiguous land being the same   zoning and will be compatible with the surrounding 
properties in the area that are developed with low   density densities and intensities concerning 
Criterion e if this appropriate with change or   changing conditions we found that the land uses or 
development conditions within the area surrounding   the properties have not changed the development 
within the area has remained low to medium density   residential and with the request of for MDR the 
potential uses densities and intensities Allowed   by that District would be compatible with the 
existing surrounding development patterns the   proposed amendment would not create or contribute 
to Urban bra that concludes our staff's findings   for this request all right board is there 
any questions for staff at this time I have   a question regarding criteria B the uh traffic 
traffic comments uh tto has no traffic capacity   concerns is that based off of a maximum buildout 
in the event this gets approved so they they look   at the potential densities related to and the 
traffic impact and provide us with um you know   comment related to the proposed densities and 
intensities um they didn't have any issue there   now at the development review process they would 
likely require some type of turn laning analysis   um some some additional impact if there's right 
away this need to be acquired and those technical   things um but at this time they did not see any 
concern related to the proposed U densities of the   requested resoning thank you all right any further 
questions all right at this time we'll uh move   to the public for those members of the public who 
wish to speak on this matter please note that the   planning board bases its decision on the approval 
conditions and exceptions described in section 2-7   .2 of the scambi County Land Development code uh 
please note that only those individuals who are   present and give testimony on the record at this 
hearing before the planning board will be allowed   to speak at the subsequent hearing before the 
BCC um and we'll have you guys come up you'll be   sworn in and um you'll St your name and address 
for the record and we'll get your three minutes started all right so first 
up to bat here is Don tinker now I'll have you state your name and 
address for the record and then we'll   have you sworn it Don Tinker 6050 
Yellow Rose Drive here in Pensacola 32526 I do um in concerns with the uh proposal the 
U property has been you know vacant for quite some   time and we're not opposed to it being developed 
but we certainly have great concerns uh certainly   the traffic uh on a two-lane roadway bellw 
Avenue is um not what everyone um might hear   understand or perceive to be real I mean I travel 
it daily and so I know the the shortcomings and   the frustration there's you know there's right 
now there's uh speed bumps just to slow down   traffic and then we also have uh heavy vehicles 
coming through there cement trucks and stuff   we'd like to see it not be a uh you know heavy 
vehicle traffic way um the impact as far as you   know drainage and things like that that's a 
community problem some of these things been   put off as a county problem some of them been 
put off as a state problem but we look at it   as a community problem and the development of 
this property is also going to impact on how   the surrounding um drainage issues either are 
resolved or get worse so you know like I said uh   changing it to a medium density and the key word 
being density increasing that population of uh   occupation per se in our little Community is going 
to have a significant impact there's a school just   right down the road that uh if you're coming off 
of uh Mobile Highway onto Belleview Avenue and   they're trying to get in and get their children 
into school there's a backlog that's created   and sometimes you don't see that especially when 
school's not in session so if they looked at that   traffic issue at that time it it's non-existent 
but when you look at it during the school year   it is a pretty significant impact on what comes 
and goes up and down Belleview Avenue and then   take in the fact that the fairgrounds when they uh 
empty out during the fair and things they use the   Belleview Avenue exit to get some of the people 
in traffic out of there when the fair closes so   there's a lot of variations in and things that 
aren't being presented or maybe considered   because these are factors that just take place 
at odd times throughout the year I'd certainly   like to just see things exist as they are with a 
low density rather than a medium density type uh development all right thank you 
all right all right next we have   uh Jerry Arwood no no questions 
uh did you were you did you want   to wave and support or uh against 
the project at all or just you're good okay fair enough just want to 
make sure all right next we've got   RS Morton same thing all right 
we've got think this is Nathan Eubanks is that Gwen and Nathan okay and we'll 
um uh Mr Eubanks if I could if you would like   to speak as well could I have you fill out 
a separate form and we'll have Miss Gwyn go   ahead and go and then because that way we gotta if 
you want to speak um at the BCC we got to have a   sheet for each of you as all okay all right miss 
you if I I get you state your name and address   for the record and be sworn in please gwindel 
Eubanks 4991 bellw Avenue Pensacola Florida 32526 okay and I do yes we live on Bell viw one house 
before mold Doom Road as the gentleman just spoke   earlier we moved out there because we loved 
it it's family oriented the issue is I have   grandchildren I have children that speed bump at 
my the very first speed bump on Bell viw is right   in front of my house my grandson almost got hit 
I've called companies people just come through   there bam like I say the traffic where you used to 
could leave home and get to work in 10 15 minutes   you're having to leave home get to work in 30 
minutes because school traffic or whatever and   between mob Mobile Highway and Blue Angel that's 
a cut across it's not it's just it's hard and   then I'm not opposed to housing but it's going to 
make it difficult for the traffic and just for the   play our kids can't even go out and play unless 
we're out there watching what goes on you cannot   let them come play because they're just coming 
through there's big trucks like the gentleman   stated it's just a overall I mean and just when 
you go to digging up and messing with that kind of   we already dealing with snakes raccoons we 
dealing with um um uh coyotes and stuff out   there so when you go to digging up this kind of 
land it's going to cause all kind of other stuff   but our biggest thing is the traffic and the 
trucks coming through and our children's way   of life and I moved out there for a simple life 
I'm just not okay with it all right thank you   very much all right Mr Mr Eubanks we'll get you up 
here and you'll just state your name address for   the record be sworn in and we'll get you your time 
started Nathan EU banks at 4991 biew Avenue P gold Florida yes yes we like she 
everybody stated that the traffic   the understanding of children outside playing 
they can't play like they want to play because   of what's going on and if you putting more houses 
and different things across that street you got   a problem already that hadn't occurred and Water 
Rising and we don't know what what may come we got   like she said we got coyotes snakes everything 
out there and then you disrupt what's all   already there now it leads over to the property 
owners has to deal with what's running around   in they y people don't already had cats and 
dogs get killed but now we come to a point   to where what about the children what about 
understanding that the more you put out that   people move out there and understanding 
that guess what of a comfortable life   of understanding now where our property is going 
to buy you at when you begin to move things and   put more stuff in property value begin to drop so 
we have to come to understanding of what's what   how do we get out of a high note that we already 
have so however y'all look at it you got to look   at the people versus our pockets that's what we 
concerned about because of the fact of it is we as   people we can't keep going on woring about staying 
outside watching children when people running   up and down the road like it's a racetrack even 
though you got speed bumps there nobody you call   the law may become come out there may not but we 
have to be concerned about what's happening in   the residence thank you thank you next we've 
got Jesse Embry state your name address for   the record and be sworn in morning gentlemen 
my name is Jesse Embry I'm at 5011 Belleview Avenue I do yes sir uh my wife and I spent 
eight years trying to find the perfect house   for us and uh we we finally found it it's right 
in the middle of the south end on bellw looking   dead at that big beautiful open field and I hoped 
it would stay that way forever I knew it wasn't   my my biggest fear was I hope they don't put 
an apartment complex and ma'am I'm glad they   that's not what we're trying to do here today 
that's awesome that that takes a big you know   big weight off of us uh but the high density thing 
I still don't like it man that's that's 150 more   families looking dead at my house every time they 
leave work I have seven grandchildren that play in   the yard you know what I mean I got my wife who's 
not too well that's our dream home we just bought   it four years ago and it's awesome it floods 
the the flooding is a real issue right there   and the traffic I don't know what the tto was 
looking at but the traffic is already bad right   there you put another 150 homes there I won't be 
able to get out of my house in the morning it'll   take me an hour to get to work uh the flooding 
is bad I had to spend 30 grand already under my   house getting it encapsulated and water pumps and 
all that put under there because the water rises   really quick right there and if they build up that 
land right across the street with the little ditch   that's there right now my house will be underwater 
every time it rains um that's a fact that's that's   true you come down that road at any time all of 
our houses across the street from right there   all get Rising water right there so it it is an 
issue um I would like to see nothing built there   of course but it's not my land I I get it um but 
I disagree with the high density or the medium   density um I just wanted to State my opinion on 
that I hope we keep it the same and not rezone   it thank you thank you all right next we've got 
Chris Steven please come forward state your name   and address for the record and be sworn in Chris 
Stevens 521 Belleview Avenue pens Florida 32565 32526 um it's hard to really say something 
that hadn't been touched um four years ago   we bought our house um with a big sign across 
street that said future home of agent for House   of Prayer we were cool with the church or 
whatever building they were going to build   and then now we're getting development it's 
not something we want but uh we're going to   cut it short my wife's having surgery this 
morning but she made it a point for me to be   here so I'm just gonna say I'm against it and 
head out thank you thank you good luck on your wife kadji Hurst you're next if you could 
please come forward and state your name   and address for the record and be sworn in 
um my name is kadijah hearse I live at 6016   Yellow Roads Drive Pensacola 4 32526 and 
actually in one of the photographs my oh sorry um the first thing I wanted to bring up 
and it can you move the mic just a little bit   closer thank you sorry um the first thing I 
want to do is talk about the traffic and this   may reiterate a lot of what has already been 
said um there is actually a apartment complex   being built on Mobile Highway um right after 
the Belleview Middle School I don't know how   many people it will hold but um if perhaps they 
have to go to Blue Angel that traffic will also   turn up Belleview to go up Blue Angel and the 
problem with that is they're on one side of the   road where they would have to make a u-turn 
and it just I feel like that will become a   big issue just with them prior to you this 
this whole read uh zoning matter so I don't   know if the tto has taken that specific 
um change coming into consideration but   I personally have a big fear of that before 
this even came up and um the other thing is um that softly cornered too cuz everybody's 
kind of coming back across town um the softly   and Mobile Highway there's always really bad 
accidents right in that big intersection um so   even if it's rezoning in my area that will cause 
more pile up more catastrophic accidents at that   big intersection as everybody's doing their 
shopping or whatever um as far as flooding   I don't have specific statistics but I did just 
do a quick Google search aamy County apparently   has 65 in of rain annually and when we do have 
those really big um time frames where it rains   for like two weeks straight sometimes our water 
run off like as I'm coming up bellev Avenue I can   already tell when my neighborhood is going to be 
flooded because the water will have lots of water   sitting in the the retention that runs along 
the road as far back as right after the school   sometimes um and um we only have one exit to the 
Yellow Rose uh neighborhood and when we can't uh   when I first moved in there was a gentleman who 
had also just moved in had a low riding car he   lived literally at the exit of our neighborhood he 
couldn't back out of his driveway because because   it told his car like it is high enough for if 
you don't drive an SUV you not making it out   of our neighborhood at certain time frames in 
the year and this happens and I I do actually   have some photos if that needs to be presented um 
where it has come a little bit to my mailbox and height thank you thank Youk you thank you next we have Mary kopa I don't know if I 
got that right but Miss Mary please come   forward state your name address 
for the record and be sworn it my   name is Mary kopka I live at 6248 
moldun Road penscola Florida 32526 I do I have some uh a point paper 
I made that I would like to submit   into evidence if I could approach 
someone to give them Point papers   no um board how would we' like to 
handle this would will you can we have you you're able to see the evidence 
uh before before you admit it into   the evidentiary record so you can 
inspect it and then decide to vote   on it all right that sounds good to 
me that sound okay with everybody else sure they're all the same I just made a lot of 
copies three copies I also have photographs um   but I don't know how to submit them to you but I 
do have them on my phone right now and they were   taken this morning and it shows atrocious 
infrastructure and problems with drainage   in that area seems like the water comes right 
down moldun Road from bellw Avenue and um the   the current infrastructure isn't really able to 
handle it so I can't see putting in anything new   until the old is fixed um um sewage does back 
up in the houses in bellw the people that have   spoken already that live on bellw may have 
that problem I know that I was going to buy   a house on bellw and and when it rains the toilet 
doesn't want to flush so I didn't buy it but the   person who did buy that house I have met and um 
he has that problem he would be here but he had   an appointment ointment at the VA clinic and 
you just don't bypass appointments at the VA   Clinic when you get them traffic is absolutely an 
issue especially during the school year especially   when people and buses drop off the kids and when 
they pick them up it is a nightmare to get down   Belleview to get out of the neighborhood if I 
were having to travel to go to work and leave   that area to go to Mobile Highway I could not go 
to biew and go to Mobile Highway without waiting   probably a half hour because of traffic it's 
horrible um schools I'm worried about schools   um yes they're building another complex in the 
bellw middle school and Elementary School area   bellw Elementary being there at Mobile Highway 
in Belleview and then bellw Middle School being   right after it on Mobile Highway those schools are 
already overcrowded we don't need more kids in in   schools that are already overcrowded I I just I I 
can't go with that um so I am against development   especially if it's medium or high density um I 
would like a way to get photos to you so you can see the pictures that I took just this morning is 
there any way to do that I don't think so at this   time unless you had them on on you in a hard 
copy physical copy for us to look at before we   could enter into evidence so there's no email to 
send them to you could send it to staff but our   decision will be made probably by the time that 
they get get there and also also maybe our count   maybe our count attorney can Chim in um at these 
proceedings they're very very quad our judicial   that mean they are they're regulated by state 
laws and state statutes all the evidence that that   got doing these the evidence pictures anything 
they got to be presented today at this meeting   we can't have no other additional meetings or 
information presented after this meeting for the board it's up to it's up to the count attorney 
if that can be introduced as evidence for here's   here's what I'm going to say one I I appreciate 
that you typed this out and this was essentially   the testimony you just gave to us which is 
going to be recorded by the court reporter   so it would be I don't see a reason to enter this 
into evidence because you just did by speaking to   us and I don't know if my if the board agrees 
with me on that or not okay um but I mean you   you covered all the points here in speaking and so 
that evidence has been put into into the case File   um as far as pictures I mean we've we've got 
the photos that the staff has presented to   us I understand you've got maybe photos from a 
different time frame or whatever it may be um   and if we don't have them a hard copy of them 
right now I I don't we're not going to hold   up the the hearing to to try and locate that 
before we make a decision so that's my opinion   I don't know if the rest of the board feels the 
same way but Mr chair I do agree and I will add   and maybe Horus you can help with this we want 
this kind lady to understand her labor is not in   vain and and she has good points the points 
made are really not addressing the purview   of this committee today but they could be used 
during the development review process so if we   could help her and guide her there this document 
would not be in vain there may be opportunity for   the photographs to make make it uh and land in 
an appropriate time for consideration as well   but for what we are held to today with our five 
criteria to meet those uh pain points that you're   experiencing do not relate to the five criteria 
this board is considering today right um U thank   you for that Mr FS um and and I know she I I 
thought there was issues raised about flooding   and and and storm water issues this for any type 
of development every project got to be able to   maintain its own storm water systems and even with 
that our would the County engineering department   they will be looking at how during the site playy 
process if this approved how the project will even   impact the surrounding storm water and basically 
they're going to if there's any detriment for this   project to make the storm water impacts works the 
County engineer department is not going to lie for   that they really looking at how it can make it 
better because see it may by the includ of I'm   not a strong water expert but by the inclusion of 
the storm water Pond for this development they're   going to be looking at how that storm water Pond 
can make the other issues regarding storm water   better that's one thing that we have to look at 
not to make matters worse when it come to storm   water to to make improvements for new type of 
development they got to so I just want to say   that for flooding that may be going on they going 
to look at and see how they can make it better for   the whole area even for this development they 
got to capture their own storm water and they   definitely look at the surrounding development 
and how they can make that improvements to make   that area better when new development comes in 
well okay well my final thought is on traffic   because the lady here said it was just public 
interest which it's not because there will only   be one maybe two exits from this development 
because you got the fairgrounds over there and   um you got building neighborhoods already over 
there and over there so how can you have a lot   of streets that are going to exit onto bellw and 
and provide relief for traffic I I don't see it I   don't see how tto I think that's what you called 
them yes has they haven't even been out there I   can guarantee nobody thank you so much and know 
Mr Adams I know wanted to add something about the   schools yeah did I'm School Board District One 
and there is no capacity issues right now with   bellev and uh bellev middle are Elementary and 
actually there's going to be an announcement later   on this month by the superintendent where we're 
actually going to try to do something that even   decrease the Middle School enrollment on top of 
that so so anyway now the traffic problems for   the school there guess is somebody gets caught 
all the time on it um we got a lot of car riders   and buses trans transport 28,000 but the other 
ones they'll get in that car rid or line and it   it is a problem with the older schools new schools 
we we build a lot longer car rider line actually   going out on the playground just about it with 
the roundabout so uh so if more b elementary   just went to a b school you know and getting 
a lot of good news so enrollment could go up   but right now we're okay thank you and chairman I 
recommend that the board either vote to admit or   reject the the document into evidence but I think 
there should be a I recommend there is a vote on   that I got you um all right so I'll take a motion 
on um the evidence that was presented to allow it   or not I move to reject it her testimony was okay 
we have a motion do we have a second second all   right all those in favor please signify by raising 
your right hand okay all those opposed and I just   want to make that make it clear the testimony you 
gave was very good was accepted into evidence it's   just the written version of it was not so I all 
right well thank you so much you're welcome all   right Thomas BR if you please come forward state 
your name and address for the record and be sworn in I'm Thomas Brown senior and 
uh I live at 6309 Buckland Drive 32526 yes I guess I look back when I retired out of the 
military and I found where I'm living now in 32506   it's a good area uh I noticed the fields behind 
and to the right of my house and the pictures   actually showed my house and where I'm located 
one of the things I'm kind of concerned about is   like um one someone mentioned is Buckland Drive is 
that going to be open to to allow traffic to come   through that um development it's a closed road 
right now but that's that's my main concern and   my neighbors you know so that's one of the things 
and and as everyone said the flooding and everyone   said but then I I heard what the gentleman said 
that they already looked into that but that's a   small area and to add those in there I think the 
neighborhood is really going to have problems and   uh on speaking for the whole area the people I've 
talked to they are very comfortable in that in   that area and want to see it stay the way it is I 
do understand we do need continue to develop but   there are other places we can develop at and uh I 
am I'm in love with where I live at my neighbors   I love them but if we have that over there I think 
it's going to be more problems than we really want   to handle and I'm just speaking in general as no 
so and I do love the wildlife as what someone said   I love hearing those coyotes out there yelling 
and the Hawks and the rabbits and we have a lot of   that I love it that's one of the reasons I moved 
out there so I would love to keep that and my main   thing is the road if they open it I'm going to 
have problems that's I don't think that's part   this discussion okay yeah that would be 
later down the road on the road and I   figured that but I wanted to bring it up 
thank you fa thank you all right board uh   well I know we we did have the the developer 
I don't know if um you want to say anything   at all Brian or if you're good and my 
no merth got up and presented earlier   but you don't have to but just wanted to 
make sure you were offered an opportunity oh yeah thank you uh my name is Brian Danton yes sir yes oh yeah my name my name is Brian 
Danton Danton Bruce development uh 4469   Blue Bonnet Boulevard Baton Rouge Louisiana uh 
yes Miss Bush uh gave a great um um outline of   what we're doing there and I don't really have 
anything to add I just am here if I have any if   you have any questions or anybody has any 
questions for me thank you thank you good   thing is you've heard what their concerns 
are so neighbor just keep that in mind   absolutely yes indeed uh Bard are there 
any questions for the applicant and for staff I do want to address just one thing because 
you heard this more you over and over we got a   pink a lady who's got a pink form too did you 
oh yes she just she just got here and you can   go ahead and come on up and read unless yeah I'll 
hold it until until it's done all right um Miss   Judy Billings if you'll please come forward St 
your name and address for the record and be sworn in Judy Billings 5111 BW 
Avenue Pensacola Florida 32526 yes okay everybody's been talking about this 
water I live on bellw Avenue we have a huge   house and when it rains it floods I mean it 
comes up to our knees sometimes not all the   time but it has almost got in our house the water 
is horrible most of these people complained about   it it is very very true I wish I had pictures 
that I could give yall to put up there they   wouldn't well the water is horrible that the 
roads flood cars flood out it's sad it's very   very sad and the traffic is horrible I'm the 
one that walked the neighborhood and got the   speed bumps because cars are just crazy they 
they just line up and they they speed down   that road they're crazy but the traffic at 
biew is awful where the school is and that   is my concern about the flood water and 
you said how much money did they spend on um do you hear that six $6 million they spent 
six million $6 million on the ditches we had a   ditch in front of our house and my husband 
loved it but they covered the ditch up and   put sidewalks which I love and now the water comes 
right into our house and it's it's very very scary   especially when we have bad brain because I don't 
want it to come into my house I don't have flood   insurance and that's it thank you very much thank 
you Mr chair yes sir I just had an update by the   superintendent this Belleview Middle is showing at 
capacity right now on their list but only because   we're putting in new floors for a whole new Wing 
so he expects in two weeks it'll go back full   Choice okay so if anybody looks up there and see 
at capacity it's only because we're closing down   a whole Wing getting new floors put in which is 
a good deal good yeah okay thank thank you Reed   yeah I was just you know I was kind of looking at 
the maps and looking at the area um most of these   most of these neighborhoods were built um prior 
to 20012 2002 um and I know the flood issues are   of are huge concern and plus along with that some 
other issues um the only one that's somewhat new   is kind of what it says campfire way I think 
that's a brand new subdivision um and the good   thing is the scami county and the development 
world has has really learned a lot over water   over the last 25 years 22 years um sometimes when 
you get a development like this it actually helps   the water mitigation because this is just flat 
land I know water does you know tend to get into   flat land and and and sometimes stay but sometimes 
it doesn't so sometimes when you see development   like this it actually helps your area um not 
always but it it you know they'll keep water   on their own property um developments you know 
nowadays do a heck a lot better job than they   did you know 20 years ago um and you know again 
most of these most of these neighborhoods are 20   plus years old so you got to you got to take that 
in consideration um and my my hope is that you   know this this neighborhood becomes um something 
that all yall enjoy in that area and maybe with   the capacity um of the road it actually keeps the 
people from Crossing it over because they there's   you know there'll be more people there and usually 
people like uh empty roads to speed down and when   it's not empty roads and there's neighborhoods 
they tend to avoid those because of the uh the   problems so just my thoughts future future looking 
excuse me sir you just spoke as if the decision   had already been made Mr Speaker I'm just giving 
my opinion he's giving his opinion we're not going   to take any more comments from the crowd but Mr 
Speaker real quick I'd like to say that for the   folks in the crowd this particular we' I've done 
this nine years this particular uh zoning on paper   as we review we do review these prior was probably 
one of the easier ones uh cut and dry look you   know with no problems which is why it's important 
that you guys come and show up and to the point   that was made earlier it's all on the record and 
this is you're the problem is what you're trying   to do at this place is probably not going to be 
as effective as you want it but it is extremely   important that you continue to be part of the 
process through the development review you know   when you're you're the person's here listening to 
the concerns I Echo the fact that typically with a   with this in the process developer and what they 
have to do with their storm water and mitigation   it has most likely will improve what is a bad 
situation now right now now that sounds like well   you may not want to hear that but that's just the 
fact the second thing is the problem uh that you   are definitely facing is the Blue Angel and Mobile 
Highway it's a fact it is a a Raceway cut cut off   between I've used it that way plenty of times 
you know kudos to the activism to get your speed   tables in there because that certainly will help 
matters I don't know that it solves a problem but   again this information needs to be carried from 
you to you to the folks who are are are are doing   what their property rights are allowing them 
to do most likely but uh I I just think that   you it's important that you continue with your 
process e even if you feel the need to go with   the board of County Commissioners and speak to 
them about your problems but don't quit there   be part of the process work with the developer 
I think the developer if they're wise uh they're   going to try their best to be a good neighbor 
you may not like it but I mean it's uh again   back to our property rights issue it looks like a 
pretty easy one as the as the County's uh findings   have have fallen that's again just couple two 
cents okay can you pull up the areial of this um you go to that one go up one more okay and this is just just 
for me where's the storm water   mitigation on the on the development 
to the to the west of this subject property the one to the West yeah I can't tell exactly from where that 
map but let me see maybe getting caught in the   wetlands to the north I'm guessing so I know 
that where the wetlands lie is that subdivision   is fairly new that's Tanglewood um that one's just 
a few years old I would say four or five years at   this point but um there may be some drainage that 
is going back that way but yes it's not clearly   shown um how the storm water for that Rosewood 
Estates the one directly to the West MH um is   actually handled so I can't decipher that from 
the aerial myself so I gota it may be the very   far Southeast um if you zoom in there is one 
vacant parcel it may be a small detention Pond   that lies along bellw um if you go to the aerial 
the actual aerial yeah it's that piece right yeah   so um I'm thinking it's that larger piece that's 
associated with Rosewood that's likely the storm   area got and it may be quite small from the area 
and if I and if I may Mr Walker we're not I'm I'm   sorry or not we can't take any more comments just 
because of the type of hearing we've got um but I   I guess that is the storm water mitigation there 
on the Southeast corner of this development um   and so I was just trying to re's point saying that 
that maybe 20 years ago when that was put in that   if that was the only storm water mitigation that 
was placed in that subdivision I highly doubt that   that's sufficient for um a development of that 
size which when you look to the parcel to the east   we're talking about today it's a very similar size 
piece of property um with storm water mitigation   issues that are that are going to be scrutinized 
much more than they were when I believe that   was probably put in um and being given the same 
amount of density as that development is there on   the west um anyways any further comments from 
the board horse did you want to say something   Mr Walker you you and Mr Reed y'all was spot on 
with fat again again if there is is if this moves   forward storm water traffic all of those things 
are part of our review process and we do have   I'm not a storm water expert I'm not an engineer 
at all but I know that with my tenure there have   been substantial improvements to the storm water 
requirements drastically and and because of all   of the different rain events we've been having our 
engine Department along with our commissioner that   looking at how these new developments can make 
the surrounding better as it pertain to storm   water they are they are always focusing on how 
can these make these old developments better when   you bring in new development adjacent on close 
SP temperature then that's one of the golden   Ru that they're always looking at so I'm quite 
certain that once they if it is approved once   they start the engineer once they start doing 
their historical analysis and historic over   the area problems going to be raised and there 
going to be situ situations where they have to   make improvements so I'm glad the developer 
is here because our engine Department along   with our access man Department that we will be 
looking at these things very very carefully and   closely so that we can help the neighborhood 
not make it worse to enhance it there's only one I mean we have to base our you know 
decision on the criteria we're given   most of the comments and it's opinion that's 
going to be best suited for the development   Review Committee and for staff when this is 
going through the process when they're going   to develop I mean we have to look at the 
underlying zoning that's the situation here   board any further discussion okay if there's no 
further discussion at this time I'll entertain a motion chair based on staff findings I make 
a motion that we approve the application of 2024-the signify by raising your right hand 
all those opposed motion carries all right is Walker Walker do you want to adjourn the res so 
we're going to adjourn the uh rezoning meeting   of the planning board and we'll go into 
the regular board meeting for the planning board we'll start in five minutes what's theity talking so in the 
loadity current right now it's ouris is emel foron my name is Joe I'm chair the TR 
from is our case going to be heard this   it's going to be heard next I just want to 
make sure yes sir they to the earlier casear out no so you're on the regular there's a rezoning 
agenda and there's a regular meeting agenda the   opt out's on the regular meeting agenda yes sir 
so yours will be heard here in just a minute   and I don't think there are other citizens 
here on so hopefully it'll go rela smoothly speaks very highly of your time oh 
I adore she's special got quite a   bit my wife was the court administrator 
for this circuit she just retired last year we' be good those were some good years in front of her oh absolutely you you better be prepared you 
better be on top you better have to spoken to   your clients know what you're doing not any 
unnecessary delays um straight to the point   right but but fair very fair absolutely 
like I'm a retired federal agent so she said oh good it's good 
to hear back here listen Okay thank question for you yes sir low Med instead of a it's absolutely still residential 
not condos not Town Hall no sir this is just subis it's still 
be abely single family home yes sir no sir bece well so the low density residential allows 
four dwelling units per acre correct this   when it's built out because of all the 
infrastructure requirements and setback requirements fin decision so I couldn't really plan and really organize much it just seems like the notification is kind 
of like a short notice is there a way to expand   it a little bit more or now those are governed 
by set rules too uhhuh these they governed by   so many rules and we got to go by the rules of 
not things can get overthrown for technicality   let's say the county would have been in favor 
of it if we would if we would have missed those   deadline rules notification we could have lost so 
that's why those rules in place we got to get to   them if we don't well and then the other thing is 
so I got 3 minutes to go yes sir as you hear from   more and more people and stuff and then even when 
the board said want bring up that aial and things   so some of the things that they talked about when 
that area was up I raised my hand and I wanted to   point out something that you can't speak anymore I 
because these are qu again these are quad judicial   rules that's governed by statutes and if we 
violate those rules this board could be sued the   commission can be sued for violating these typ of 
something question that I could have pointed out   answer but you but the board they can't allow 
for this woman once that comment period closes   out I'm telling I mean are we will the board once 
again their hand those rules govern that process   it really does but even you at the end because 
I'm the staff I'm the staff I the but the na   and citizen participation governed by R because 
see I'm telling you we got two cases right now   two cases that got to come back before this board 
because of some things that were not done properly these all right we need to get uh going here with 
the regular planning board meeting hey horse if I   could uh horse can we get people to move this out 
attention everyone move out we got to start thank   you we got to start our next proceeding if i' be 
outside to talk to anyone but please empty the the this all righty we have no this is kind of all right this is the meeting of the 
Escambia County planning board for August   6 2024 hereby called to order with eight members 
present we do have a quorum do we have proof of   publication yes sir did the publication meet 
all legal requirements yes sir the chair will   entertain a motion to wave the reading of the 
legal advertisement so moved second motion is   second all those in favor please signify by 
raising your right hand motion carries the   planning board meeting minutes for July 2nd 2024 
have been provided to the board members I will   entertain a motion to accept the planning board 
me meeting minutes into evidence do we have a   motion so moved second we got a motion is second 
all those in favor please signify by raising your   right hand motion carries the planning board 
hearing package for August 6 has been provided   to the board members I will entertain a motion to 
accept the hearing package and legal advertisement   into evidence do we have a motion so moved we 
got a motion second second all those in favor   please signify by raising your right hand motion 
carries today we have a public hearing concerning   the review of an ordinance removing a parcel from 
the county daap and assigning a compatible flu   -223 d01 that the Board review and recommend 
to the BCC for adoption an ordinance amending   the Escambia County Midwest sector plan final 
land use plan figure 2.0 1.a removing a parcel   within section 03 Township 1 in range 31 W 
parcel 42- -00 totaling 3.68 plus or minus   Acres located on Highway 29 from the Escambia 
County Midwest sector plan further amending part   two of the Escambia County code of ordinances 
the Escambia County comprehensive plan 2030 as   amended amending chapter 7 the future land use 
element policy flu 1.1.1 to provide an amendment   to the 2030 future land use map assigning 
a future land use category of mixed use Suburban staff I'll turn over to you yes 
good morning um Allison Lindsay urban   planner development services so I'm going to 
give you just a little quick refresher because   it's been a while since we have an opt out so 
the the Midwest Escambia County opal sector   plan consists of approximately 15,000 Acres um 
and it's in the North End of the county from   Interstate North to Highway 196 and then west 
of Highway 29 the intent of the Midwest sector   optional sector plan was to recognize the 
benefits of the longrange planning for areas   greater than 5,000 acres and promote Innovative 
and flexible Planning and Development strategies   the adoption package was approved by the BCC 
on January 2011 and the notice of intent to   finding compliance from Deo was received February 
2011 can you put up that dap Matt thanks so the   um there are two detailed specific area plans 
we call them daap one is the Mogi daap it's on   the southern half of the overall sector plan area 
which is comprised of approximately uh 3,380 acres   of developable land the second is Jack's branch 
which forms the north half of the sector plan and   is comprised of approximately 5,231 acres of 
developable land which totals um 8,611 Acres   of developable um of the overall 15,000 Acres so 
in the um the so far the Jax branch and the opt   outs that we've had and have been approved we've 
had 214 plus or minus Acres that have been opted   out in the Jax branch and then approximately 94.1 
three plus or minus Acres that have been opted out   of the Mogi so that totals 309 op opted out Acres 
um overall um so as part of the sector plan the   the detail specific area plan it was really Dei 
defined to develop standards and to identify the   distribution extent and location of the future 
uses public facilities and any um all this for   the short term and the buildout so this um I can 
go through the maps um so the this is the aerial   sorry the location map of the the the opt out it's 
on Highway 29 and then that's fine and then the um   location um go to the next one so the zoning map 
showing currently the underlying zoning is hli   and the future land use is conservation 
neighborhood in the DAP and then so they   proposed they're requesting to change it from the 
conservation neighborhood to the mixu Suburban   and this is just showing the daap area outline the 
parcel in blue and this is showing the Jack Branch   map and the area in question is over on the east 
right on Highway 29 a little South right there at   Neil Road and then here's just the it's in the 
Jack Branch 52 and it shows that it's the 13.6   68 acres and out of the whole 342 from the JB 52 
and this is the prime sols and the wetlands map   showing that they do have some wetlands and Prime 
soils on the site and the flood zone map shows   it in an X flood zone and here's an aerial map of 
the site and this was the public hearing that was   posted on Highway 29 just south of Neil Road and 
this looking West at the subject property looking   across Highway 29 from the subject property 
and this is the second public hearing sign a   little further down on Highway 29 and this is 
just a additional view of the subject site and   looking North from the property on Highway 29 and 
looking South along 29 from the subject property   and that's the maps and photographies so I don't 
know if you want me to go into my findings or if   you want to hear from the applicant it's 
up to you we'll hear from the applicant okay good morning members of the board Meredith 
Bush 125 East in tendencia um so we agree with   staff's findings but I will go through there are 
quite a few criteria to consider when considering   an opt outs I'll briefly touch on those um first 
wellhe heads based on the GIS system the subject   property is not located in a Wellhead protection 
area historic next historically significant sites   a copy of the division of historical resources 
TRS site file correspondence is included in   the submission by the applicant there were no 
historical resources detected on the subject   property a cultural resources map and site roster 
was also attached um third natural resources um I   actually show there were no wetland there are 
prime soils but no Wetlands on the subject   property the property is located within the Jax 
Branch drainage basin uh within the flood zone X   the soils indicated on site include porch Sandy 
LOM and malbus Sandy LOM as far as traffic goes   uh the subject properties are located to the west 
of US Highway 29 North fdot provides an annual   average daily traffic count along this portion 
of Highway 29 of 19,600 trips all area roadways   have capacity to support the rested the requested 
change in the future land use category sanitary   sewer and pable water Cottage Hill Water Works is 
the area water provider the proposed amendment is   not expected to create capacity problems for 
Cottage Hill Water Works once a project is   proposed and application submitted to the county 
such proposal shall identify any other providers   and determine whether Septic Tank Service or 
available sewer connection will be utilized   ized any proposed development will receive 
approval through the site plan review process   ECUA will provide sanitary sewer if applicable 
the proposed amendment is not expected to   create capacity problems for ECA wetlands and 
drainage any necessary storm water management   will be provided in accordance with the scambi 
county and Northwest Florida Water Management   District regulations the storm water system 
will be designed for a 100-year storm event Solid Waste will be collected by ECA for disposal 
in the scambi county landville which has adequate   existing and projected capacity parks recreation 
and open space if required the development review   process will address the preservation of open 
space the applicant understands that a detailed   review is required through the county site 
plan approval and development Review Committee   processes schools the current School assignments 
for this location for the 2024 2025 school year   are um K5 Jim Allen Elementary uh Middle School 
is Ransom Middle and then Tate High any increase   in density may or may not have an impact on 
student population projections any proposed   development will adhere to the site plan review 
process um and then the applicant submitted a   very thorough U analysis of the Land Development 
code articles and comprehensive plan policies   identifying an a land use need particular to the 
scope and function of the comprehensive plan for   which an amendment is clearly warranted um the 
proposed amendment applies contemporary planning   principles engineering standards and other 
professional practices to provide an effective   and efficient remedy for the identified land use 
problem or need um and then there are a list of   I believe about 40 or 50 comprehensive plan 
Provisions that are supportive of the request um parcel size and aggregate of other opt 
outs the subject property is 13.6 Acres   this property represents 0.1 1674 per of the 
existing development acreage of 8,168 22 Acres   described in the sector plan the total acreage 
of the Jax Branch daap designated conservation   neighborhood is 2,359 Acres withdrawal 
of the applicants 13.6 Acres will result   in a 0.579 decrease in developable acres 
within that Jax Branch daap at the time   of the application the total acreage opted 
out of the sector plan is 442.19 Acres um   and then as far as the underly zoning and 
compatibility with the daap the underlying   zoning is hcli and the requested uh 
future land use categories mus uh   the application includes the hcli zoning 
regulations and um an analysis of the hcli with   the request requested excuse me flu of mus which 
would be consistent with the underlying zoning   uses densities and intensities allowed um and then 
finally prior loss development rights prior to the   adoption of the Midwest sector plan this parcel 
was Zone gbd The parcel was effectively down Zone   by the adoption of the sector plan and a copy 
of the gbd zoning District regulations were   also included in the applicant submitt um based 
on that we feel we've met the criteria and would   ask that you opt this parcel out all right 
thank you any questions for the applicant or   staff I have a couple uh Miss Bush when did the uh 
current owner take possession that I do not 1998 and with the uh the Gateway business 
district was any residential allowed   in that let me check I have the 
Gateway business residential um   zoning regulations included but 
I'm not that familiar with them um and while you're looking that up if staff could 
uh provide the current zoning category closest to   what gbd provided so gbd um permitted C1 
and C2 which are both commercial type uses   planned business developments Reclamation of 
borrow pits those are the three permitted uses   within the gbd zoning category so there there 
was no residential allowed it's it's C2 type   distribution manufacturing fabrication and 
assembly type operations which are completely   completely enclosed within the confines of 
a building outside storage permitted when screened the district was intended to 
enhance specific segments of the us29   and Sr 97 Corridor as a visually attractive 
well-planned business Community is the intent   of the district districts characterized by 
community service in commercial uses located   adjacent to or in immediate proximity to the 
us29 corridor and in immediate proximity to   Sr 97 at the Alabama Florida state line and 
I think it also had the future luse also had   but hli if the future lenu uh you could have 
residential but the gbd go ahead okay I saw   you Andrew Homer developments Services um so gbd 
was one of Special Districts that the county had   put in to allow in certain areas an option for 
commercial uses um you know as you're coming   into the urbanized area of the county there 
were districts that were created like this um   the the weird thing is the old code if you will 
recall up to C1 everything was cumulative up to   C1 so all those uses if it was in the previous 
category it was allowed and so on and so on uh   one did allow for all the residential uses that 
you broke that off at C2 where you stopped having   those residential and as you went up from there uh 
the Gateway districts because they were including   C2 that would have prohibited the residential uses 
that were cumulative to C1 does that make sense   short answer is no for residential it wouldn't 
have allowed was not allowed in gbd correct sorry Mr chair I'll ask if I if I recall when we 
were talking the daap uh when we had this I don't   know if it's two years now I'll say two years 
and somebody will say it's five but anyway um we   had a a a consultant if you recall and all I could 
think of when I was reviewing this is this is like   textbook exactly what they said proximity to 29 
size I just kept going through my memory that this   again I guess kudos to Miss Brown you've had two 
that seem to be very cut and dry without anybody's   input uh exactly following the letter of what how 
we established it before I may be mistaken but I   kept trying to find a flaw on it but because after 
time you know you hear an opt out another opt out   goly and then you look at the acreage and quite 
frankly it's seems fairly minute I mean all right   there any other questions or comments for the 
applicant or staff and we have no one signed up   to speak so yeah yeah again what would be the 
closest current zoning District to gbd H it is and that allows residential if if there 
request for the mix use suburban and yes   those two would be so in that sense it was this 
could be considered an improvement in rates to   develop residential correct correct as well 
as commercial on the highway 29 and I'm I'm   sorry and there and if you look at if you look at 
there's if you look at the Land Development code   on the acli it it says there's some uses that 
are prohibited if you got a mix use Suburban F   land use category as well so so so so so there are 
still some controls on on the type of industrial   uses if you got hli that's spelled that's spelled 
specifically out inside the Land Development code   for for acli so there are certain prohibitions 
against heavy commercialized industrial type   uses I think his worry was residential right 
Jay I mean no my my issue my issue has been   and is uh this whole opt out process we have 
a we have a sector plan and it's evidently   not very popular so again I I believe it's Inc 
coming upon the board County Commissioners to   to make a decision with that a major decision 
either do away with it or uh just or continue   with it but the opt outs are are kind of I've 
said it before it's a death by thousand opt outs all right if we get no further questions 
uh for either the applicant or staff we do not   have anyone signed up to speak from the 
public um will entertain a motion at this   time move to approve um OSP 20241 as presented 
we got a motion do we have a second second any   further discussion all those in favor of the 
motion please signify by raising your right   hand all those oppose all right motion 
carries six to one all right thank you   Miss Bush um now we've got a public hearing 
concerning the Warrington Redevelopment Plan   update that the Board review and recommend to 
the board of County Commissioners for adoption   the Warrington Redevelopment Plan update 
to extend the time certain to complete its   Redevelopment objectives and I think we've 
got someone calling in for this where's Max yes we'll find out all right I'm put you on speaker okay let's see if it works so I've got 
Max Rogers from CRA on the uh on the phone on   the speaker so let's see how hi this is Max Rogers 
can you hear me hey Max yes hey uh thank you for   accommodating me I tested positive for Co over 
the weekend I'm feeling better but just not sure   how quite contagious I am at the moment um so 
what we did here is um we updated the Warrington   Redevelopment plan very similar to what we did 
in uh 2010 was the last time we updated the plan   um so this is the 2024 update what's remarkable 
or of importance for this update is that we are   looking to extend the time certain to complete 
the Redevelopment objectives meaning that uh if   we do not update the Redevelopment plan now the 
Warrington CRA will sunset uh in December 2025   which is the 30-year time span that was initially 
created for the warrant and CRA um but what we   found was there is still blight in Warrington 
um average incomes are still 30% lower than the   rest of the county there's a higher incidence 
of crime housing conditions um still show uh   lots of Need for improvement so there is still a 
need for the Warrington CRA to to go forward and   what we'd like to do with this re development plan 
update is to extend the time certain to complete   its Redevelopment objectives for another 30 years 
as allowable under Florida statute um which would   extend the um the Sunset date for the warron CRA 
to December 2055 um included in the update is also   um we had a series of public meetings uh with the 
community in April and may to get input and U work   with the community in this process um we looked 
at the objectives which we um left the same as   it um as the current plan has but what we did is 
update the strategies including more specifically   the neighborhood strategies to make sure our 
Capital Improvements are better reflective for the   changing needs for the different neighborhoods and 
we also updated the capital Improvement project   list so we completed most of the Capital 
Improvements that were feasible from the 2010 plan   so we created New Capital Improvement projects 
based on those objectives and strategies so that   is the update for the Warrington Redevelopment 
plan but the the important part here is that we're   looking to extend the time certain to complete 
the Redevelopment objectives um which would keep   the Warrington CR from sunsetting in uh next 
year and extend it to December member 2025 so   I'll go ahead and mute my phone and I'll um put 
the volume back on YouTube so I can answer any questions anybody have questions well 
not questions but I mean I was I'm the   vice chair of the Warrington Redevelopment 
committee and you know I will say Max has   done a phenomenal job with this I will look at 
the parallels with the city and stuff like that   with similar projects and what he's 
been able to do here with this he's   done a great job and I think he deserves 
kudos for it and we look forward to this   being hopefully you know adopted for the 
future um this is something for the warron   community that is important and the Tiff funds 
do benefit the community there I will say that so what Max what percentage of the Tiff is owed 
from the property tax revenue what percentage   does does the CRA capture off the uh increase all 
of our cras are at 75% and what's the what's the   Warrington CRA income currently um on an annual 
basis I believe it's about 1.6 million per year   do you have projections of where that's headed 
over the next 30 or 10 I I don't we didn't do   the calculation but I imagine it's going to 
slowly start to increase what's the base year   for the Warrington CRA 1995 what's the value 
of the property tax that County collects off   that valuation from the base year so um last 
year was I think was around 1.6 million so   it's so the County's getting 1.6 and the 
cra's collecting 1.6 correct half and half are there any policing programs in place right 
now in the warington CRA that that are being   funded no we did policing efforts um probably in 
the 20110 um it's been a little controversial uh   the staff has found that there there's been no 
measurable decrease in crime um there there's also   been an issue of having the police officers um or 
the sheriff's department um taking calls outside   of the area so you know as backup that um that 
it wasn't necessarily dedicated to the Warrington   area when we were paying for it so it it is 
something that's allowable um I can I know from   higher up above me that it's um it it's not 
it's not as it's not seen as favorable is   that it's really accomplishing anything 
but I guess it could be considered in the future yes we allowed we gave land to the county 
for a substation down down there it's it right   at Warrington elementary school so it was 
probably about 2010 time wasn't it somewh   they have been before it's been there a 
while so they got substation in warron   AR no can't take that from fire 
departments or law enforcement gotcha um sorry I'm peppering you with questions 
here but um so what are the what are the major   program expenses for the Warrington CRA so 
probably one of the biggest reoccurring one is   actual just paying for the street lights um that's 
we spend about $450,000 a year just to keep the   street lights on so that that takes a huge 
chunk out of it um but we also have our grants   programs we have uh residential Improvement Grants 
commercial Improvement Grants and uh commercial   mural uh programs that that's a brand new one um 
but so we're looking to extend our grant programs   and and get more done as a private a public 
private partnership um as you may be aware   the commercial grants have been on hold um for 
a few years I think since probably about 2017   or so but recently we're approved by the board of 
County Commissioners to begin again so we do set   aside money every year to um do those programs 
we also do lowincome roof programs that anyone   in the Warrington CRA if they in come qualify and 
their house is homesteaded and their roof is in   poor condition they could get a a brand new roof 
for free so that does also come out of the grant   program gotcha can we put up the boundary map for 
this too yes so the boundary does not change so   that's that's important is that the boundary uh 
there's been three uh changes over the over the   course of the Warrington crra three three boundary 
expansions only one is notably large and that was   um I don't have the information in front of me 
but I think it was 2001 where Beach Haven and navy   Point were added um there was a small Amendment 
um where the U extended stay at Old Corey uh in   branis was uh added into the map just that one 
parcel and then there was another small change   um a few years later uh in South Beach Haven 
where they where I believe the bound boundaries   were cut across certain parcels and they were 
just cleaning up the map so there there's been   no changes besides that one substantive change 
uh I think in 2001 where Beach Haven and navy   Point were added so there is no there is no 
proposed changes to the warrant and CR geographic area sounds good I just curious what the exact 
area was so I appreciate that and then I'll just   say for my part um as far as you know crime and 
safety go um you know in my in my day job with   the downtown Improvement board um we partner with 
the urban core c in the City of Pensacola and fund   four positions for Pensacola Police Department at 
a tune of probably close to $300,000 a year it was   two two officers um now it's gone to four and I 
think the CRA downtown is is looking at adding   a fifth position to kind of manage that now a 
group of officers but um and I know the urban   core rakes in quite quite a few dollars probably 
more than the Warrington CRA district is currently   but um just a thought of reaching out to to 
our neighbors just across the by you there um   with in Victor with Victoria and and maybe even um 
officer partrick who currently leads that program   or or chief of police um Eric Randall to see you 
know what steps they've taken over the past few   years that we've been running that program uh we 
we certainly feel that it's been an advantage for   folks in the in the DI and then also I think 
the urban core CRA members would agree as well   that we we've seen a decrease in crime we've 
we've got better call times to those areas and   um certainly maybe worth a program to look into 
for for this area and I know commissioner Kohler   sits on the dib and has seen the work that that 
that program's done in downtown Pensacola and I   think he'd probably be somewhat aable to an idea 
of that um in the Warrington CR District if it's   financially feasible and also you've got you know 
the funding to to have the staff there as well   which is also another issue but um just my two 
cents okay yeah thank you we'll take that into consideration any further discussion then we need 
a motion to approve or send a recommendation is   what we're looking for I make a motion to approve 
I guess all right we got a we got a motion we got   a second forther discussion all right all those 
in favor please signify by raising your right   hand all those opposed all right motion carries 
Thanks Max thank you thanks for accommodating   me um all right so that is the last I don't think 
we have any public comment any updates from staff go ahead sounds fun what uh okay September 10th uh we're GNA have a uh a 
second round I would say uh with the motley court   that rezoning uh if yall remember it was quite 
contentious was um went to the BCC was turned   down Court s it back so um considering all the 
factors involved I would pack a lunch too much   water under the bridge can you remind me okay SE 
yeah so this is the one sick so you just got Ved back so this this is out by uh GF Florida Power 
the Crist plant uh 10 Mile I think it is yeah this   is um so mle court goes straight North uh there's 
subdivision up there everything feeds down through   that one road on the east side of the road partway 
up there's a there's two Parcels uh there's a   church that is in there and they also I don't 
know know if it's the same church own the property   behind them that's Woods uh unfortunately contains 
their storm water Pond um so it's a I think   approximately s acre flag lot and they wanted to 
rezone to or a up Zone to MDR I believe it was so yeah we've their first request was 
for HDR then they requested MDR so um we   will take care of sending out the notices the 
advertisement and um we'll we'll see where it goes so how did it it it came 
through here approved went to   board County Commission they denied 
it the developer whomever sponsor   took it to court to come back here 
we start over correct the circuit   Court quashed the decision of the BCC uh and 
REM and the BCC remanded it back to the planning board say say that one more time correct recommend 
reviewing the the record on that order and we'll we'll provide that as part of 
the pack and someone recall something kind of   notable is what the effect is of a something 
notable is the effect of a quashing by the   circuit court has or what exactly happens after 
that quashing takes place uh case law has shown   that it's as if the BCC never made that vote 
to deny the resoning so uh everything that   they could previously do they can still do uh the 
Circuit Court did not provide other instructions   so the BCC it's there to discretion on how to 
handle it and they decided to remand it back to   the to the planning board is that case closed 
or is our vote going to be a part of that case   let me say something we're just giving you 
general information at this time General I   I strongly I don't want to get into anymore just 
be prepared the County Attorney they gave you a   gist of overall overview because we don't want to 
get into anything that may cause more additional   challenges on this is very very so so so all 
those questions save them writing them down I   would yeah I would almost say I mean I think we 
probably should end this conversation and move   on um yes sir as yep agree all right thank you 
for the update and if with that we stand in ad   Jour if you could could we I one item I wanted 
to bring sorry I apologize we are on adjourned   just yet I'm sorry too quick that's okay uh we 
have our five criteria that were tasked with   evaluating these resoning on do we can we pull 
up the Land Development code specifically two 2.7.2 I'll try to be quick but 
we have the five criteria and   then there's there's a paragraph that that 
follows that that talks about board action   and it's been brought up and I think 
today it it kind of applies it's and it's it's uh 2. 2.7.2 Bravo 5 if you find the five criteria what what look at additional board action I'd like to make a recommendation that 
we add this into the into our calculus and   like for today I think it's covered if you if 
you read that read paragraph five and we talk   about qual everybody talks about quality of 
life red reduction in property values uh and   adverse impacts on the surrounding properties 
I know we all think about the fact that we're   one step in the process there are other steps 
to follow with the development review and it's   you know our understanding that a lot of this 
stuff will be addressed in those those other   steps but I think it'd be important that we put 
this right up front when we hear these cases so   that the public understands that we are looking at 
it we do consider it and it's part of our decision Matrix again just it's a thought I'm more than 
happy to do it and I brought this up last time um   and I'm with you it says the board shall then 
consider whether I mean it says it plain as day   this is in the code I know some of us up here 
don't agree and that's okay but that I'm fine   with that it it just remember resoning are quasa 
judicial hearing um it's one thing for to add a   statement that says this paragraph that what you 
as the board are going to do uh shall um it would   be different if this was a criteria because some 
of these are a bit nebulous and um you know who's   who's the expert to say um diminish quality of 
life um you know lower their property value so   when would I use that paragraph when I'm making 
a decision well that's that's what I'm saying it   not it might be a challenge if that was put in 
as one of the criteria um but maybe something   some statement that says hey by the way because 
you know you do have the script um maybe work this   into that somewhere and and and and like do a spot 
on this that this question has happened before   and as a matter of fact we I we looked at it again 
and we would look at it with the kind of attorneys   again and it was my take that that that that was 
that this was specifically for the BCC to look at   to give them a little more latitude and and and 
things like that because we do try to incorporate   in our findings compatibility adverse surroundings 
impacts but as duw stated property values those   are much more and we have had cases recently 
where in some of those cases the judge looked   at said those got to come from by by professional 
so everybody so case that we have sort of had our   hands spanked on and they going through different 
case and they mention about property values and   that ruling have to be done by professional 
people so so but we would definitely engage   with our countor office again for us to said we're 
going to look at these things I'm telling you I   think I think we may be open up something that 
we may not be able okay and the way I read this   as well is the only time you use this paragraph 
is if the board agrees that the applicant has met   and made substantial and and proven the previous 
criteria but may want to make a decision to reject   the zoning change that's to me is where that 
paragraph comes into play yes I believe you're   correct that's that's where there is a bit of a 
gray right spot here um and Rachel had just pulled   up the notification she she sends out on the back 
side it's got the criteria but down at the end   it's got that very paragraph So the citizens are 
getting this as part of their notification for   the hearing it might be best like like you said 
to kind of emphasize this dur during the actual   hearing right but just just with understanding 
that that there are certain things that you have   to really be factual based especially with quality 
of life because that's so very very subjective and   I know that Mr Mr J been doing a long time that's 
very very property values and Mr Reed those are   so we have I just want to board in with advice of 
the count Attorney office to be careful so that we   won't y'all be UND for not following the boy y'all 
so that's all and I I'll add one more thing and   then I'll let other folks jump in here but I mean 
I don't I cannot think of a time that we have sat   here and listen to staff and the applicant agree 
on those five things and I sit here and deny it   so it would have to be some extreme circumstance 
um where that didn't happen and we would need to   make a case a big one that overrode those five 
criteria from my view out let anybody else chime   into to so let me let me just I'm going to clarify 
clarification on this just for my own personal um   you of course it does say the board shall but 
then also comes in and says you prop zoning   will likely diminish and I think y'all just said 
this and I just want a clarification that's not   us determining that that is the expert somebody 
up there and if they say that yes these criterias   life will diminish property values will diminish 
and they're an expert and we've qualified them   as expert then we can go back to this Rule and 
say Yes based on this this criteria of us saying   diminishing quality of life we have the ability 
to approve or deny most likely deny based on that   is that what I heard y'all saying it would be 
difficult to Quant yeah to qualify someone as   an expert in quality of life I I don't disagree 
with you I'm just I'm just makeing sure that we're   not it's not you're not looking to us to make 
a determination of we think that the quality of   life or a member of of the community thinks the 
quality of life that's that's a tough one that   is not what that to me that does not say that that 
that's what got me concerned about if you know the   idea of putting that as one of the criteria and 
everyone testifying on that we're going to have   Mr chair Mr ingell specifically may I suggest it 
that I think you're right that the number five   the emphasis should be more towards the applicant 
in my opinion when I look at the zoning changes I   think there's a Unwritten and I think it should 
be written incumbent uh responsibility of the   applicant to do their best to sell their product 
and quite frankly I know several that walk in here   who could give a rip about the neighbors or the 
people and you can tell and they're just like look   we go buy the five and appropriately so because 
the qu ey judicial it should be it should not be   subjective it's very objective this is these are 
the rules the subjectivity comes in if they want   to make their path easier they should take note 
of that and perhaps try to sell it have their own   little charet meetings do whatever they should do 
so that they make their own life easier and for   some reason it seems like we never emphasize that 
or never they just throw it out there go good luck   guys hope it works for you and make your decision 
and infuriate the people that that think oh   this is a sham and I think there should be more 
burden put on the applicant to realize that we do   have the ability to take some of these subjective 
items in question I agree again but the intent   is I think it would build conf if we address 
it formally it would build confidence in the   adjacent land owners that we are considering these 
things and again it could put the pressure on   the applicant to address these things it's it's 
always going to be the applicant's case to make   they're coming before you seeking an affirmative 
action um we we run into this quite often at the   board of adjustment where they say yeah I agree 
with the staff's findings and they want to go sit   down well staff isn't here making your case for 
you you still have to address it and make your   own case um that's why if there's a tie they 
lose you know they they need they're seeking   an affirmative vote so it it's always their case 
to make I mean I'll go by the basic fact here is   we're going by statutory stuff in terms of the 
objectivity of the five criteria I mean we have   to stay inside of that realm anything else that's 
kind of opinionated and it kind of goes off cancer   from it I understand that people come up here and 
want to say quality of life but that's one of the   reasons why we have the criteria I mean quality 
of life is subjective I mean that's a tough thing   to say you know a person that lives in the city 
is a different than a person that lives in the   count or the rural area you know it's a glass half 
full glass half empty type of scenario that's why   the criteria kind of makes this so that we can 
fit it into that box and say hey this is how we   make our decision and go from there but again uh 
paragraph five is in the Land Development code   and it states that it's board action we shall do 
this but again I really think that we give give   us the opportunity because see we have to look 
at the way the entire section to make sure that   that that this applies to you and not the BCC 
there was some there was some questions about   does this apply to the planning board or does it 
apply to the BCC so give us some I don't want us   to say I I just want to be so we go back and read 
and look at it carefully and then we'll give the   county attorney's office and he can provide H and 
the office can provide because these are I don't   want us to cause any more challenges for the 
planning board and these case being thrown out   because we're not being governed by the black and 
white language of the land of vet c as it flows we   have to look at everything not just one paragraph 
We have to look at the way it's written in to that   sentence actually says the board shall recommend 
approval to the resoning request to the BCC so   actually is pointing to us um that the no New 
Uses density or intensities of the use of proposed   zoning will likely diminish quality of life 
reduced property values confer a special benefit   you know so on so on it that is it is directly 
talking about us this board here um I just don't   like the will likely diminish that right I you 
know we we've talked about you know at at links   about how words mean something it does and I I 
really miss um uh Tate yeah Mr Tate and he was   so great about pointing out those words words and 
um and being very um uh demanding that they made   sense because that to me that will likely diminish 
um that's just puts too much of a burden on a a   very uh subjective um part of the board's actions 
um and I agree that it should say something more   of the of the line that the uh applicant needs 
to um make sure that you know they have looked   at the quality of life diminishing values and they 
will or will not you know done some sort of study   or whatever that it will not you know affect the 
the the people around them but again that's overly   subjective um I just I I I hate those those type 
of words and and anything that is qua judicial   yes sir and judges do take those little words and 
they can they can overturn any decision so I want   y'all to be careful with telling with say that we 
want to start based on those things you you I I   so but we could look at it but I just don't want 
to say to do it right now we need to to make sure   we don't want to do it right now but we'll be back 
in a month and I just it's I'm I agree I I kind of   agree with what everybody said but I'm just saying 
it's there we've had people point it out time and   time again let can we get an answer on it and 
figure out how we move forward yes you can cool   the county attorney's office is here thanks that 
fair all right now we'll stand a Jour number two