##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