##VIDEO ID:ychQOt7dPdk## e e e e e e e e e e e e e e Okay it's 3 o' uh good afternoon everyone it's 3 o'cl so we will now open the meeting before we hear the first case I have a statement to read this is a public hearing and we are the Zoning Board of adjustments for putham County Florida we operate under the authority of Articles 11 11 and 12 of The Land Development code AS amended the primary responsibility of the board is to hear and decide appeals challenging final determinations made by the planning and development services department under the Land Development code and to he and act upon requests for variances special use permits non-conforming use determinations and preliminary development plans under the Land Development code procedurally we will call each Case by name and number a member of the staff will then briefly explain to us the nature of each request we will then take any comments from the applicant or their representative followed by any public comments concerning the request please direct all comments and statements to the board and not to other people in the audience before speaking we will ask each person to come to be recognized come forward to the electron and identify his or herself by name and address after all persons wishing to speak have been heard we will entertain a motion from the board the motion will be voted on by board members and become our final order any decision made by this board can be appealed to the Circuit Court however any appeal must be filed within 30 days after the board of adjustments has rendered the final order which is being appealed are there any questions okay before the first case is heard all those speaking will need to be sworn in so will the notary please administer the oath okay before we hear the first case uh administrative appeal 24- 000000001 I'd like to do an expar communication and or a conflict of interest roll call [Laughter] oops we lost J none no no no none okay all right I guess we're here ready for staff are we going to wait to see if she can get her all right okay thank you madam chair for the record Zachary Baker planning and development services I'm on the tail end of a head cold so please excuse my sniffles and raspy voice today we are uh hearing from uh applicant of Magnolia Dunes LLC and their agent Patrick Kennedy uh the subject property is 306 County Road 310 in patka the subject partial is 284.8 3 acres parcel ID is shown on the screen the zoning district for this property is agriculture the future land use for this property is agriculture this is a request for an appeal of an administrative determination requiring a minimum of 10 acres to divide a parcel within a special flood Hazard area when the property is located in the agricultural future land use designation again the parcel is 284 sod Acres it's one it's in special flood Hazard a there are sporadic portions of uh flood Hazard X which is not a special flood Hazard area throughout the property um there are sporadic Wetlands um displayed on the property when utilizing the national Wetland inventory layer on our GIS um uh the the property is located um within the Aquifer recharge uh the low aquafer recharge area as well as the aquafer discharge area uh when when you have aquafer discharge that quite literally means water can permeate through the ground onto the property uh the parcel is subject to a conservation easement between the property owner and essentially the Florida Department of Agriculture so with the state uh the soils are primarily Maya uh Ona and St John's all of these are poorly draining soils future land use again is agricult culture um which uh indicative of our request while we're here today uh has a a residential density of one unit per 10 acres uh there's an increase up to one unit per 5 Acres based on certain criteria that will be covered in my presentation um so this this project kind of goes back to April of this year uh when the applicants submitted a lot inquiry uh requesting information on whether or not that property could be split uh when we issued back that lot inquiry letter we advised them that it could be split but due to uh some policies within our comprehensive plan the minimum lot size for a newly created lot was 10 acres uh in May there was uh the the that lot inquiry letter was issued between June and September of 2024 staff myself as well as Nancy Brown had corresponded with uh Mr Kennedy who is representing the property owners throughout this ordeal uh in September 24 uh 2024 we received that lot split application um and then in November of 2024 the this appeal was submitted so during the sufficiency review for the lot split application staff noticed that the the proposed lot being created was 5 Acres despite our suggestion of a 10 acre lot or our require requirement of a 10 acre lot uh as written in the the lot inquiry response letter so we advised the applicant um and we gave them you know several different ways in which they could achieve that 5 acre lot just not in the location that they were Desiring the application seeks to divide 284 acre parcel into two lots one being 5 Acres the remainder being 279 Acres uh that lot split application that we received did not provide a boundary survey for the entire parent parcel so we're going based off property appraiser data those GIS maps can be incorrect um so it could be 260 Acres it could be 312 Acres we don't really know uh by definition a lot split is a form of subdivision uh whereby one parcel is split into two so you usually end up have lot A and B or lot one and two according to the documentation submitted for this appeal Magnolia Dunes proposes LLC proposes to transfer uh the 5 acre portion to a family member of the managers of the LLC specifically the appeal is the decision by staff that Magnolia Dunes LLC cannot create a parcel less than 10 acres in size in this given location it should be noted too that a family member density exception is not applicable whenever an LLC owns the property property so that density exception is kind of off the off the table so in order to approve a lot split staff's position is that the parcel the proposed newly created parcel be a minimum of 10 acres and a budding and taking direct access along County Road 310 uh it should be noted that there appears to be sufficient area in the Northwest Quadrant of the subject parcel that is designated flood zone X which is not a special flood Hazard area staff is also aware that the property is within the military restriction operation Zone um however the intent for the decreased residential density within that Mr ra designation is for platted subdivisions uh in the sufficiency review letter dated on October 15th 2024 uh staff provided possibilities for obtaining a lot split for less than 10 acres if the proposed parcel either had Frontage on County Road 310 or if the majority of the proposed parcel was it within FEMA flood zone X it goes without saying the applicants didn't want to relocate where that parcel is at uh the documentation submitted for this appeal states that density is not of lot size which is remotely accurate um in cases of determining residential density for a subdivision density is not determined by the regulations of the Land Development code um it is also accurate that housing types and lot sizes uh are subject to further regulation by the residential zoning District standards provided in Our Land Development code uh likewise zoning governs lot size uh where the policies of the comp plan mandate the determination for overall density in the case of the agriculture future zoning District I'm sorry in the case of the agriculture zoning District the minimum lot size is 1 acre but in the agriculture future land use designation the overall density is one unit per 10 acres uh as as noted prior lot sizes have been in place since the first zoning ordinance of 1983 where density limits refer to any lot created after the adoption of the comprehensive plan in December 19 1991 um the policy for the the special flood Hazard and and what staff is citing is provided for you on screen but I I find that I'm better at just explaining it so whenever you have new development new residential development within a special flood Hazard area the intent is to have the lowest density possible as to not create an issue for land owners that may be developing and risk their their property in in the event of a catastrophic flow blood but also to protect the county so that we're not seen liable as of allowing for increased development or urban sprawl within a special flood Hazard area it's also worth noting too that density is is a calculation by which you look at uh the total number of lots that are created within a subdivision but what's important to note is whenever you have an average there's always a a lower number and a high higher number so in this case the density the residential density of the proposed lot is one unit per 5 Acres which does not adhere to our comprehensive plan um this this page will continue to say you know what the intent of policy a111 A1 is which is to protect not only Property Owners but the county from development in special flood Hazard area uh we also consulted with our um FEMA flood plane administrator his name is Donald Peckham and we asked him for his insights on development within a special flood Hazard area and he pointed out some some Land Development code sections that he heavily relies on whenever he's reviewing um new subdivisions one of the one of the policies within our Our Land Development code that uh stuck out to me is anytime there's a subdivision where there's excuse me more than 50 Lots or that subdivision affects more than 5 Acres the developers is required to provide the elevations uh based on the firm panel for that subdivision um which is very costly um furthermore uh there's some language uh within our our division five uh within our Land Development code that that stipulates that um minimum requirements for subdivisions is that um they they will not increase uh the likelihood of flood damage I'm just skipping through this is a lot of policy um I can always go over it if there's questions about this uh this this this bit here advises what staff's responsibility is um and that is to enforce and interpret the Land Development code and the comprehensive plan this this policy speaks to what the Zoning Board of adjustments uh responsibility is which is to uh of course Madam chair as you know here and consider variances special use permits um and also appeals of the Land Development code um as we start wrapping up we can see some images here uh so this would be an aerial image of of the subject parcel in the proposed uh 5 acre lot this property would show us the flood the special flood Hazard area uh you can see that there are pretty good amounts of special flood Hazard area X in which a 5 acre lot would be afforded to the applicants there's also a pretty substantial amount of Road Frontage uh along County Road 310 where they could also have a 5 acre parcel um the land use here we can see is is agriculture directly across the street is conservation uh it's worth noting you know the residential density for conservation is uh one unit per 30 Acres though we try to avoid residential development in those areas uh so this is really acting more or less as a buffer between development and conservation space here we can see the wetlands map and again um the survey doesn't indicate whether there's any Wetland areas on the property but then again uh we're not exactly certain that this map is showing exactly where that proposed 5 acre lot would be because we didn't get a boundary survey of the entire 284 parent par acre parent parcel again property is zoned agriculture it's adjacent to the uh Magnolia Dunes uh PUD also known as hogwaller uh this image shows us the conservation easement uh which the property is subject to and this image shows us the high aqu I'm sorry the low aquafer recharge area in green and then the discharge area in blue so staff acknowledges that the 5 acre request may be associated with the language within the conservation easement for the property and could be supported by staff if the proposed 5 Acres uh fronted County Road 310 or was located predominantly within FEMA flood zone X it is the recommendation of staff that the Zoning Board of adjustment upholds staff's decision that a proposed lot split on the subject property is required to meet the lowest density limits of one unit per 10 acres as specified by policies a111 A1 and a193 a9b of the comprehensive plan and I can take any questions okay I have a question from the standpoint and when you look at the drawing and you have the five acres delineated is it still going to be surrounded by um I'm assuming looks like the the part the section where they're wanting is still there's a section in the front off the highway that is is that still is it going to be surrounded by the rest of the property because they're not yes ma'am that's correct so the the applicants are proposing an easement that meets our easement for Access standards um but yes for all intents and purposes it would be a parcel within a parcel parcel okay that's Mr Fisher were you saying that if the property was extended to 310 you'd allow it that's correct okay as a 5 acre split I mean as a I mean it wouldn't be 10 acres in yet that's correct but it' probably be around seven or eight that's correct yeah I mean they could do five acres if it fronted on County Road 310 did you expand on the um how sta how staff um recognizes that I don't have it in front of me but it essentially affords the applicants two 5 acre building envelopes that can be developed with no more than 43,560 ft of imp impious surfaces that's one acre it doesn't say two 5 acre Parcels it just says two 5 acre building envelopes so you could have in theory a 10 acre parcel with a 5 acre portion that is intended for the development of that land owner and to clarify that agreement is not held with the county it's held with the state correct that is correct which has no bearing on this case whatsoever is that right um not with my Department May with the applicant understood thank you any other questions for staff okay before we hear from the uh applicant and the representative let's do a site visit roll call please yes yes yes yes no okay I guess Mr Kennedy are you ready to come and address the board I'm sorry booting up the computer oh S I didn't do it on purpose I didn't for so I think because it died you might have to unplug it plug it back in P all right okay for the record please state your name and address Patrick Kennedy 673 3D Avenue Waka Florida and let me looks like it's still there you put on public you said yeah okay there we are good afternoon everyone thank you for uh your valuable time this afternoon and U I am as stated here on behalf of the applicants Magnolia Dunes Mr Kennedy would you do a favor pull your there we go mic down so we can the uh and uh one of the applicants representative Miss klap is also here if she needs to answer any questions but I'll go ahead and get started and as you know this is about a lot split um and we are appealing staff's decision to try to limit us to a a 10 acre uh partial or 10 acre lot um I think the first thing we need to look at is what is this what is the issue we're not we're not here I mean staff's reports and even their lot split letters go on and on about the M the maximum density is one unit for 10 acres we get that we're not we're not even pretending to argue that point flood Hazard development is allowed but it's subject to the lowest density which we all agree is one unit per 10 acres so we're not arguing that point the only point we're arguing is and I don't see it it's not showing up for some reason but the uh there is uh most you guys have the hard copies in front of you hopefully because these are not uh showing up the whole on the whole screen um but the issue is We Believe staff is explaining calculating density incorrectly I'm certain that they are um you know in during his presentation Zach indicated that you look at all the partials and uh I think you started to say you take the average but if you if you do that which is what you're supposed to do uh you get the answer we believe is the correct answer you can't just look at the parsel we cutting out in isolation you have to look at it with what's being created it's a two lot subdivision you have a 279 acre lot and a 5 acre lot the density for this two lot subdivision is one unit for 142 Acres it's not one unit for 10 acres density is not lot size it's really that simple uh and we're not subject and there's nothing in anything cited by the staff that indicates it is density in the in the def definitions it means the objective objective measurement of the number of residential units allowed per net acre of land not talking about the size of the one housee lot that we're creating we're creating two lots with this application there's a 279 and a five AC I can't say it enough one unit for 14 42 Acres that's what we have here and that's what your code allows for and that's what your comprehensive plan allows for these definitions I provided are just kind of lead into how you calculate density the definition you see there it's number of dwelling units allowed per net acre of land we have 384 acres and we're having we'll be allowed two residents once the slot splits approved a dwelling unit one one single dwelling unit on the 5 acre and one if they so desire on the 20 79 that remain the only thing that's taken out is water body we're not dealing with the water body here but I went ahead and put the definition in there because we are dealing with Wetlands although not on this particular location the partial which is one of the reasons we like this location but um uh we are dealing with flood Hazard just want to make sure you understand those aren't in the definition of a water body so there's no land that's being excluded from this density calculation and again it's going to be very repetitive uh because uh it is simple but I I want to make sure it hits home how you calculate density the first thing you look at is how many partials Your Land Development code defines a subdivisional land as a division of a parent tract into two or more Lots partials tracks Etc again we're dividing one partial into two partials you're supposed to look at both Parcels when you're looking at a subdivision for all aspects of a subdivision including density the parent track for purposes of this lot split provision that's what it says here that's what division n is shall mean the lot of record of that parcel that existed prior to July 1st 2024 this parcel has been around a lot longer than that um the procedure for obtaining a lot split which is again a form of subdivision it's a two lot subdivision is the division of single platted lot or other partial into two partials again this is from your code this is what we're looking at we're looking at two partials not one okay pursuant to the those definitions the parent tracks in our case is 284 Acres which is being divided into two lots 279 and 5 Acres so that's where you start to get your density figured out residential density this is a Formula just is and it's it's recognized in any planning uh uh setting residential density is the number of dwelling units per per the Acres you provide I came up with some uh a couple simple you know in in the in the practice of law we call them black acre and white acre and I just call it Green Acre uh but this is uh just using an example of a 100 Acre subdivision because the math is a lot easier and you just you can have your maximum density one one year per acre if you have if you divide up into 10 Lots 100 acres that's 10 single family lots you're about one house in each lot if you throw in a roadway uh the lots are about 9.75 Acres you have a density of one unit per 10 acres that is one dwelling unit per 10 acres that's what one Jo you for 10 acres looks like when it's fully developed on your on your parent tract this takes it down to five well when you have five Lots you don't these lots are each uh in the 19.75 acre range Bas this is kind of me guessing what what the road size might be if you built an actual Road you did an easement it would they would be 20 acre lots again when you do the simple math five units 100 acres that's one unit per 20 acres and again I apologize that seems simplistic but I think it's helpful to work into where we're at today with our particular application you want to divide green acre into three lots but you don't want three 33 acre lots you want to just do create two lots uh in one corner there and remain and keep the rest for uh one large parcel you end up with lot one 90 Acres got those numbered wrong lot one is is five acres lot two is five acres lot one lot three is 90 Acres I apologize for that um that that went hit on me I didn't want to do that so back to that you got basically still three potential dwelling units even though you have a 90 acre lot and two five acre lots you you're creating a situation where you have three dwelling units so the density once again is one unit per 33 Acres or 33.33 whatever but basically one unit per 33 Acres is the density with that proposed division now this is something more akin to the division we're proposing we're not going to do three we're not going to do five we're not going to be 10 we're doing two lots okay if you if you do it in the terms of a 100 acre lot 100 Acre truck tra as a parent tract you end up with a 95 acre partial and a 5 acre partial the density there is one unit per 50 acres you have two dwelling units on 100 acres the density is one unit for 50 acres I can't say it enough that's how you do the math that's how density is calculated um when you look at what's required and uh with a lot split application again which is uh the nomenclature used for a two lot subdivision in putham county and lots of other jurisdictions too but that's basically what it is by definition that we went over earlier the procedure is the land provide land descriptions and acreage or square footage of the original and proposed partials so staff is looking at both partials when they're analyzing whether this is an appropriate subdivision and they should be looking at both Parcels when they're analyzing it for density not suddenly get blind ERS on and say we're just going to look at this one house lot you're doing well if if you take out you know go back to our 10 lot subdivision you know you don't you don't forget about the other nine lots and say the density on this lot is one unit per 10 acres you look at all the lots and you determine how many dwelling units are being created on this parent track potentially being allowed on this parent track again that's how you do density never seen it done any other way never seen it where you just isolate the one lot and say the density of one lot that doesn't even makes sense if you think about it um it's lot size that they're talking about not density and density is what we're governed by in this particular issue so you're they look at both Parcels or as many Parcels as you're creating the survey is required to have a notation now granted this is a correction we have to make the surveyor didn't put it on there but this this is we figured this issue had to be resolved before we spent the money to do the the some of the technical corrections but it requires that you put on the face of that uh survey County regulations pursuant to County reg no further division of a partial created by the slot split procedure is allowed unless you go through a type one two three four subdivision and get it approved that way or a type one subdivision so you're required to put on this parcel we can't divide that 279 acre parcel anymore or the 5 acre parcel anymore until we go through these other subdivision processes again if we're going to have the limitations which we should by your comp plan it should be included in the density calculation it's being included in every other bit of this analysis why is it being left out of the density that I do not know this is the picture that staff has presented to you many pictures um and it's a pretty good approximation um gives you the idea of what we're doing here and you can see right below where we're putting the 5 acres is the wetlands uh yet to be verified by any kind of survey but our clients uh have been on this property for years they know the property they know where the good best dry land to develop is um and this is what they chose to do with their land in pursuant to your regulations which we think we followed um but but we just think that this presentation which they do on each one of their Maps is what's misleading about how density is determined in a case like this or any subdivision it shows you the original acreage 284 acres and then just shows you the 5 acre parcel what they should have been showing you is this by doing the subdivision we have parcel one which is 279 Acres partial two which is five acres two houses on 284 acres is all these clients are asking for a land that and we'll get in the conservation eement too land that's been designated conservation with the state that may not matter to you but they can't do more than two houses on this entire 1500 Acres okay staff speaks of flood concerns and and neighboring properties none of those issues are present here they're just not they own everything around this land and I know that could change but the fact is the conservation easement isn't going anywhere and even if it did they are still subject to the subdivision regulations before they can divide any further before they can try it do if they wanted to do a subdivion out there they couldn't under their conservation need but if it went away they still have to come back and prove they can still meet density moving forward if they start to create more Lots but as it is there's will be two dwelling units on 1500 acres and we being held up over 10 acres versus 5 Acres uh when a the basis for it is incorrect under your own Land Development code and your own comprehensive plan and B it just doesn't make practical sense or common sense for someone who wants to use their property and granted we're not we don't get a density exception for family member but that's what it's for that's all they're trying to do um staff's own uh report in a recent subdivision I think is uh worthy of a just a quick look because it verifies that what I'm telling you about how Den is calculated is accurate because that's how they did it in that subdivision they're just not doing it with ours for some reason again density we have restrictions on our density but density should still be calculated the same way shouldn't be calculated differently um staff doesn't point to any Land Development code comprehensive plan state law written policy other than they just think we're just going to focus on the lot you're creating here and not the rest of the property and say you got to do a 10 acre lot you going to be your lot size is going to be limited we'll say it's density but it's not what they're saying is lot size is 10 acres not density whether we bu a 5 acre lot or 10 acre lot the density will be the same and that's uh what I think is a little misleading about their position and they kind of gloss over that they don't really they don't really talk to you about how density is actually calculated in almost any other circumstance uh the flood Hazard is important the base flood elevation uh will be determined at the time of Permitting they have to it's in a Zone all that stuff is understood the idea that the applicant could build in the northwest corner you know yeah I guess they could build a 2,000 foot driveway to get the high and dry land that's not going to make any sense to anybody other than than than uh a possible exceptions to ask one to look at even though your code says you can develop in the H in the flood he doesn't say you have to go outside the flood Hazard to put your uh lot in when you're meeting density which we are and the idea that if we put it up on County Road 310 they don't want it on 310 this is a residential lot they got the room to put it off the highway for their family to have a nice house on 5 Acres without having to front the highway to do it they should be allowed to when it meets every aspect of your code including density so again I know it was a uh a little redundant but that's that's all we're here about how many houses per acre will result from the slot split on a 284 acre parent track the answer is two that calculates to one unit for whatever 42 Acres not one unit per five that's not the density we're asking for um likelihood of flood damage to neighboring properties is zero whether they own it or not okay um all they're doing is trying to create a larger parcel for the person who's going to move on they're going to have more to take care of and more taxes to pay that's all this the end result is it's not going to promote the flood ads and protection it's not going to promote Wetland protection it's just going to make uh my client have a larger lot and uh pay more taxes on that larger lot and have more to maintain on that larger lot that's all this would do so if you have any questions I'd be happy to take I have a question from the standpoint whenever I ask about the the the lot being recessed from back off of 310 is this in uh from 310 to the where the proposed lot is is that a wetland or is that uh looks like it's it appears to be at that location yes okay so and and you know prior to prior to the houses you come in off of 310 there is a wetland if you if let's to say if there was a driveway or an easement so just coming off at 310 there is a wetlands area there before well we don't it's not been delineated this time according to Maps there appears to be one but the map is not a a precise instrument it's where you start but it's not where you finish if you want to if you want to delineate a wetland but it does per the maps it does indicate that there is a wetland a couple locations Fring the roadway there are areas where there is no Wetlands Fring the roadway but that's just just you know even the folks who put that map together will tell you you know map verification is not necessarily the end of the discussion you need to go get it flagged if you're going to do any kind of work at or near that area I I'll point out you know and I don't think staff disagrees with this anyway the way we're proposing to do it but for the size of the parcel is allowed having an easement come off the highway is allowed the only issue we're here about is the the require that we have a 10 acre lot versus a 5 acre you had to expand on staff's report at the end where they had mentioned in regards to the conservation easement in the 5 acre envelopes you care to expand on that I didn't see it in your report at all I didn't know if that had any bearing on your application well as you said it has bearings on uh uh my client's decision on the size of the partiel they wanted to do and the number of partials they're going to end up being able to do uh obviously they want you know if they only need five acres they only have to do five acres and that's what their conservation easement it's going to be a lot less confusing for the state if we if they present what matches their conservation E when they go to get permits you would would it be correct to conclude that the 5 acre application as opposed to the 10 is um on the applicants behalf is based majorly on that particular issue with the state I I think that's where it started but again they also factored in you know uh maintenance sure and and taxes and why make it bigger than we need and we we meet the minimum requirements of the conservation needs and they committed to can you comment on that particular agreement obviously we do have a copy of it but in your legal opinion is the applicant legally um indebted to the state in any way on that 5 acre I know that you said that's where it started at so the applicant made the process of making a five acre lot split did they do that because they have some type of legal obligation to that EA to that um uh conservation EMA they have a legal obligation to minimize their lot their impact to the conservation area to the lot sizes that the state designates so they could potentially uh for lack of a a legal term of art coming to mind they could ding them on something like that we haven't asked them that direct question that don't so but uh it is a concern that that went into the thinking here but again it's it's also centers around practicality as well as uh their commitments to the state and again the conservation eement isn't DED dedicated to the county but it's uh it's more uh firm than the conservation future land use designation is in that area as far as what it can and cannot be going for it's it's the only one who can undo knew that would be the State of Florida okay cor I have a question correct me if I'm I may have not quite gotten what I should have but you made a statement that there was a possibility of them you know as far as density is concerned dividing or having I was just I was just trying to use that as an example of how you calculate density okay but but they can't they won't if if just saying just trying to put put the concept of density around this particular partiel for you but they can't do it they can't undo that easement only the state can they have no plans to uh they've got uh they did it for a reason they didn't have to do what they did um so they're they're going to maintain that conservation he's and the state's going to make them so but they're there's they're not going to come back and try to uh just well I'll let you come up there's no plans to check report this thing with five acre lots that I can assure you it's they can't do it State won't let them and you guys wouldn't let them uh you know if we go to split this five acre piece which isn't going to happen because the state's our commit to the state we know we can't do that but if we're going to try to split the remaining 279 Acres we have to come back and follow your type two three four uh subdivision well that was one of the questions I you know because there's a lot of wetland area and that so you would be limited as to the number of lots yeah so the density at the end of the day we would be limited to the density of one unit per 10 acres absolutely if we if we wanted to divide that 279 any further but we're already limited even further by the state so I don't want to confuse it to that's what but I was saying if you lifted that easement and we think about it in those terms we would still be subject to one unit for 10 acres we're not asking for relief from that we're just saying not every lot has to be 10 acres in size to meet that requirement the subdivision you just did in East Pala verifies that they have a density of five units per acre but if you went after lot size they could have 10 units per acre you don't use lot size to determine density You' use the number of dwelling units that are going to happen within that parent tract that's being developed Mr fiser you have a question um I still don't understand the problem they said that if you just extend the property lines to 310 that it would be okay it'd probably be about 8 acre piece I just that's Wetlands up front there anyway so what difference would it make and then none of us would even be here today well they don't want to the person who's going to have the five acres doesn't want to own the wetlands the state wants you to limit to 5 acre two 5 acre tracks for for residential and this is where they want their property I mean right he said that if it you just extend the property to 310 well I mean if we just did a 20 acre lot we wouldn't be here either but this isn't what the client wants and what they're asking for is allowed under your code and on top of it to me if something happens in the future and that that right away something happens with that right away they're landlocked no they'll have they'll have a dedicated easement they have to under your own code the easement will go with the property and they can't be undone unless heard of problems in the past where there has been problems with things like that so you know we we we can't predict everything but what we're asking for is legally sufficient okay and to to suggest my clients should do more with their property than your code requires is a necessary solution as far as we're concerned I understand it would make it easy but it's not what they want and it's not what they're required to do the property up front isn't really it's just trees anyway so I mean nobody's using it and nobody then still nobody wants to use it that's why they're doing the five acres outside of that okay any other questions for Mr Kennedy okay I thank you sir please come forward and for the record your name and I probably that up um Katherine clap 300 County Road 310 um so I want to explain the easement a little bit okay my brother and I Magnolia Dunes we did the rural family and lands easement on the 1500 Acres um we are in the middle of Greenways and trails property um we own 6,000 Acres out there we did, 1500 acres worth of rural family and land easement because we want to keep this property for our family for my my my children and his two children um and in doing that you know we do have a commitment to keep it together for that easement we are there wanting us to put more of our property in the easements and we are thinking about doing that but with that easement comes restrictions as I.E the housing envelopes we don't want any more houses out there I want my daughter whose house this is going to be to be close to me I live out there already that's where they we want them to build you ask why we don't want to build all the way to the highway they want to buffer they don't want to be right on to top of 310 we can only do five acres within that easement okay so there there's already a road there that we're going to make the easement on we're not going to add another covert to 310 or anything like that we're trying to use what's there they wouldn't be right on there I know where the driveway is I know where they'd be put in the house and it'd be behind the trees anyway so they really wouldn't be but if we extend that 5 Acres all the way to 310 we're taking away trees why well because the five we can only do five acres if we bring it if we bring it all the way to 310 we are adding we're going to have to take off from the back end and we're going to be all the way into tree no I'm not saying take off from the back end he from what I understood was it if you just extended it left the 5 Acres where it was Sir extended it that our housing envelope only allows us 5 Acres the state in in that conservation easement will not allow us to do any more than five acres well you didn't explain that part oh I'm sorry yes if in in that there's two housing envelopes five acres each okay we don't want to use both of them we only want to use the one we'll never have any intentions of ever really using the other one but we don't want to use that so that's why we're asking just for that five acres I think um to clarify also and this is what I brought up earlier to Mr Kennedy the and staff did put it in their report that a lot of the issue that the applicants having is because when they did place the 1500 into a conservation easement it restricted them through the state not through the county necessarily on the ability to build on their property at a parcel greater than 5 Acres at one time and that reverts back to that housing envelope of two 5 acre housing envelopes thank you any questions all right okay I have a question and I'd like for somebody to um for the recommendations where it has says that um you would have to go back and amend is this on the comprehensive Land Development code that you would have to amend it's that's explain uh what the process or why that is there uh well I think the easiest way to answer your question is after that that agenda was distributed um I spoke with uh the County Attorney Rich Commando um and he advised that a text Amendment would not need to be required if you chose to Grant the applicants their appeal in other words if you grant them the appeal the signed final order would would be documented with the lot split and no text Amendment would need to take place however to answer your question it was the recommendation of staff to complete a text Amendment and and hold the application for the lot split until that text amendment was completed but all that would really do is require the applicant to to fund and process that text Amendment and then wait additional time for that lot split to be approved to expand on that oh sorry you still going so so if you do decide to to Grant the appeal um make sure that the motion for that that make sure your motion does not include that text Amendment and staying of the lot split okay so okay all right any other questions for staff Mr hman do you have did you have something you want wanted to comment on okay all right any other comments Mr Kennedy do you have anything that you would like as a rebuttal or anything I mean I'm just give you a chance no okay all right sounds great all right okay this time since there's no one else in the audience that were coming forward to speak in favor or against we will close this portion to the public and open it up for board discussion disc and motion for motion and discussion I guess you got to have a motion first whichever I'd like to make a motion we deny appeal aa24 d 0000001 as provided in section 45-19 of the Land Development code um and the reason why my motion is to deny is uh in staff's report based on the policies um a111 A1 and A1 19389 of the putam county Tom plan okay second all right we have a motion and second to deny administrative appeal 24- 000000001 any further discussion all those in favor please indicate by raising your right hand one two three all opposed okay motion does not pass it does yeah to to deny it passed three 3 to two Okay so I guess there is another appeal process that goes through did you ask okay I don't know I just said who you know from the standpoint of the the motion to deny pass so it's a 3 to2 to deny so U there is a 30-day appeal process so whatever needs to be done because we need to work closely with staff thank [Applause] you okay we have minutes for September 18th 2024 has everybody had a chance to read them yes move to be approved is readed second we have a motion in a second to approve the September 18th 2024 minut minutes all in favor say I I all opposed like sign motion carries 5 Z okay do we have um any old business any new business motion to adjourn all right motion to adjourn all in favor say I I all all right you know for