23
1 200121 P&Z January 21, 2020 The Nassau County Planning and Zoning Board met in regular session this 21st day of January 2020 at 6:00 p.m. at the Commission Chambers, James S. Page Governmental Complex, Yulee, Florida. The Deputy Clerk called the roll. Present were Board Members Betsie Huben, Jimmy L. Higginbotham, Jeff Gray, Wayne Arnold, Bruce Jasinsky, John Stack, Barry Holloway, Charles Gressman, Linda Morris, and Chair Nick Gillette, and Chair Linda Morris. Absent Board Member was Charles “Billy” Rogers. Also present were Michael Mullin, County Attorney; and representing the Department of Planning and Economic Opportunity was Doug McDowell, Principal Planner. Also present was Heather Nazworth, Deputy Clerk. Chair Gillette called the meeting to order at 6:00 p.m. Board Member Arnold led the Invocation and Chair Gillette led the Pledge of Allegiance to the American Flag. Chair Gillette welcomed and introduced Betsie Huben to the Planning and Zoning Board. It was moved by Board Member Holloway, and seconded by Board Member Higginbotham to approve the December 17, 2019 regular session minutes and the vote unanimously carried. Chair Gillette advised that staff has requested to continue Tab G, application R20-002 to February 4, 2020.

200121 P&Z - Novusolutions

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: 200121 P&Z - Novusolutions

1 200121 P&Z

January 21, 2020

The Nassau County Planning and Zoning Board met in regular session this 21st

day of January 2020 at 6:00 p.m. at the Commission Chambers, James S. Page

Governmental Complex, Yulee, Florida. The Deputy Clerk called the roll.

Present were Board Members Betsie Huben, Jimmy L. Higginbotham, Jeff Gray,

Wayne Arnold, Bruce Jasinsky, John Stack, Barry Holloway, Charles Gressman,

Linda Morris, and Chair Nick Gillette, and Chair Linda Morris. Absent Board

Member was Charles “Billy” Rogers. Also present were Michael Mullin, County

Attorney; and representing the Department of Planning and Economic

Opportunity was Doug McDowell, Principal Planner. Also present was Heather

Nazworth, Deputy Clerk.

Chair Gillette called the meeting to order at 6:00 p.m. Board Member Arnold

led the Invocation and Chair Gillette led the Pledge of Allegiance to the

American Flag.

Chair Gillette welcomed and introduced Betsie Huben to the Planning and

Zoning Board.

It was moved by Board Member Holloway, and seconded by Board Member

Higginbotham to approve the December 17, 2019 regular session minutes and the

vote unanimously carried.

Chair Gillette advised that staff has requested to continue Tab G,

application R20-002 to February 4, 2020.

Page 2: 200121 P&Z - Novusolutions

2 200121 P&Z

It was moved by Board Member Higginbotham, seconded by Board Member Holloway

to continue Tab G, application R20-002 to February 4, 2020 at 6:00 p.m., or

soon thereafter as the matter may be heard and the vote unanimously carried.

Chair Gillette advised that Tabs B thru E are legislative hearings. Mr.

Mullin informed the Board of the new sound system. Next, He read the rules

and procedures for conducting a Non-Quasi Judicial hearing.

It was moved by Board Member Holloway, seconded by Board Member Morris and

unanimously carried to open the floor to public discussion for Tab B.

The Board considered Tab B, application CPA19-009, consideration of Future

Land Use Map (FLUM) amendment to change the classification of 265.65 acres

located on the west side of Lem Tuner Road between Lawhon Road South and

Dornbush Road from Low Density Residential (LDR) to Recreation (REC), filed

by Angel Lakes Gated Inc., owner and Roger Towers, P.A., agent.

Mr. McDowell came forward to provide staff presentation. He noted that the

companion application PUD19-008, (Tab F) would be heard later on the agenda.

The Planned Unit Development(PUD) will be considered later in the agenda. He

explained that the property was historical used as a golf course for

approximately 50 years and now is no longer open. The existing FLUM is Low

Density Residential (LDR) that includes the maximum density allowed for two

(2) residential units per acre. The existing zoning is Residential Single

Family 2 (RS-2) and Open Rural (OR). He advised that the applicant proposes

to amend the FLUM from Low Density Residential (LDR) to Recreation (REC),

which would remove all residential development potential for the property and

limit to recreation uses as specified in the Comprehensive Plan. The

applicant’s proposed change of the land use to Recreation (REC) which would

Page 3: 200121 P&Z - Novusolutions

3 200121 P&Z

allow a PUD to include a campground and water park facilities, golf course,

and a variety of other recreational amenities. Mr. McDowell reviewed the

Traffic Analysis, which references the existing zoning and the proposed

zonings average trips generated. He briefly reviewed the water and sewer

analysis provided which is based upon the JEA and the Department of Health

state standards for recreation parks. The uses proposed in the PUD would

require on-site systems and the applicant is responsible for maintaining and

obtaining permits. Mr. McDowell advised that based upon the FLUM amendment

there will be a reduction in potential impacts and will conform to the

historic land use for the property as a golf course and appropriate for the

proposed PUD while not expanding the commercial or other intensive uses. He

stated that staff recommends approval of the application and finds it

consistent with the comprehensive plan.

Jon Lasserre, attorney with Rogers Towers, P.A., agent, came forward to

inform the Board that the applicant and engineer are available to answer any

questions.

Steven Williams came forward to express his opposition of the application.

He stated that the property’s proposed zoning to Recreation (REC) would have

no defined boarders, which would include all types of recreational

activities. He requested that it remain residentially zoned under the same

restrictions.

Peter Mullin came forward to express his opposition of the application. He

explained that if the property is sold in the future the new owner would have

the right to develop how they want.

Ms. Walker came forward to speak in favor of the application.

Page 4: 200121 P&Z - Novusolutions

4 200121 P&Z

Cheryl Sprague came forward to speak in favor of the application. She

clarified the difference in the FLUM amendment and the PUD approval.

Lisa Frisella came forward to speak in favor of the application. She stated

that with building the development of more houses the taxes might rise due to

the need for more police and schools.

James Phillips came forward to express his concerns with the infrastructure

of the property. He stated that Lem Turner Road can be dangerous and the

location can create a hazard.

Regina Williams came forward to speak in opposition of the application.

There being no one else in the audience wishing to speak for or against this

application, it was moved by Board Member Holloway, seconded by Board Member

Higginbotham and unanimously carried to close the floor to public discussion

for Tab B.

Mr. Lasserre came forward to provide a rebuttal. He stated that the

application is a FLUM amendment and the issues raised will be addressed in

the PUD application. He commented that as a provision in the PUD there will

be an oversized middle lane added to provide for trucks and RV’s, in addition

to a right side turning lane. He explained that the allowed uses for the

property are within the PUD with certain restrictions.

It was moved by Board Member Gray that based upon the record and testimony

received, he recommends to the Board of County Commissioners approval of Tab

B, application CPA19-009, consideration of Future Land Use Map (FLUM)

Page 5: 200121 P&Z - Novusolutions

5 200121 P&Z

amendment to change the classification of 265.65 acres located on the west

side of Lem Tuner Road between Lawhon Road South and Dornbush Road from Low

Density Residential (LDR) to Recreation (REC), filed by Angel Lakes Gated

Inc., owner and Roger Towers, P.A., agent. The motion was seconded by Board

Member Higginbotham and roll call vote on the motion carried unanimously.

The Board considered Tab C, application CPA20-001, consideration of an

ordinance amending the FLUM of the Comprehensive Plan, providing for the

reclassification of approximately 3.1 acres of real property located on the

west side of Amelia Road, between Amelia Island Parkway and Kenneth Court,

from Medium Density Residential (MDR) to Commercial (COM), filed by Art

Sanchez, Inc., owner.

It was moved by Board Member Higginbotham, seconded by Board Member Holloway

and unanimously carried to open the floor to public discussion for Tab C.

Mr. McDowell came forward to provide staff presentation. He stated that the

application is a small-scale FLUM amendment of approximately 3.1 acres to

reclassify from Medium Density Residential (MDR) to Commercial (COM). The

property is located near the intersection of Amelia Road and Amelia Island

Parkway and was once owned by Bell South. He referenced the Power Point

presentation map location of the subject property. The adjacent properties

to the north are single family residences. He stated that the present zoning

is Commercial Intensive (CI) and FLUM designation of Medium Density (MD) and

are not compatible and dates back to the adoption of the Comprehensive Plan

and possibly back to the adoption of the Zoning Code in 1974. The subject

property is also adjacent to the City of Fernandina Beach with the land use

of General Commercial and Mixed Use. Mr. McDowell advised that in order for

the applicant to use the property to the full potential the FLUM needs to be

Page 6: 200121 P&Z - Novusolutions

6 200121 P&Z

amended. He stated that there is a possibility that the previous FLUM maps

were interpreted incorrectly. He reviewed the staff findings and advised that

staff recommends approval of the application.

The group discussed whether the property is incorporated in the City of

Fernandina Beach, any future additions to the building, and the buffering.

Mr. McDowell confirmed that the property is within Nassau County and not the

City. Mr. McDowell commented that the applicant has applied for additional

square footage for the building, however the amount is less than the

thresholds for the Development Review Committee. He responded that staff

would review any expansions of the building. Mr. Mullin explained that what

is before the Board now is changing the FLUM to Commercial (COM)and the

Commercial Intensive (CI) will remain.

Art Sanchez, applicant, came forward stating that he did not know that the

FLUM was incorrect at the time the property was purchased and he is unable to

make any changes until the FLUM is correct.

Chairman Gillette acknowledged that the Board received an email from Vanessa

Stubbs and her reasons for opposition to the application.

There being no one in the audience wishing to speak for or against this

application, it was moved by Board Member Higginbotham, seconded by Board

Member Gressman and unanimously carried to close the floor to public

discussion for Tab C.

It was moved by Board Member Holloway that based upon the record and

testimony received, he recommends to the Board of County Commissioners

approval of Tab C, application CPA20-001, consideration of an ordinance

Page 7: 200121 P&Z - Novusolutions

7 200121 P&Z

amending the FLUM of the Comprehensive Plan, providing for the

reclassification of approximately 3.1 acres of real property located on the

west side of Amelia Road, between Amelia Island Parkway and Kenneth Court,

from Medium Density Residential (MDR) to Commercial (COM), filed by Art

Sanchez, Inc., owner. The motion was seconded by Board Member Higginbotham

and roll call vote on the motion carried unanimously.

Mr. McDowell stated that this item will go before the Board of County

Commissioners on February 10, 2020.

Next, the Board considered Tab D, application LDC19-012, consideration of an

ordinance amending Article 18 of the Land Development Code (LDC), Commercial

Highway Tourist (CHT); Specifically, Section 18.01, Permitted Uses; Section

18.03, Conditional Uses; Section 18.04, Special Restrictions; Section 18.06,

Minimum Yard Requirements; Section 18.07, Building Restrictions; Amending

Article 35 of the LDC, State road 200/A1A Access Management Overlay District,

Specifically Section 35.09(F), Signage.

Mr. McDowell came forward to provide staff presentation. He referenced the

past discussions regarding the changes to the Commercial Highway Tourist

(CHT) zoning district. He stated that the CHT zoning district is located

around the intersections of SR200/I-95 and US17/I-95. He commented that the

issue is that the zoning was very limited in the permitted uses allowed. The

Ordinance will expand the permitted uses in the CHT district which will allow

better services and development for Nassau County. These expansions included

business and professional offices, medical offices and clinic, banks, general

retail, self-storage facilities, and sale of alcoholic beverages for on or

off premise consumption. It will also reduce the front setback from fifty

(50) feet to twenty-five (25) feet; remove outdated references and

Page 8: 200121 P&Z - Novusolutions

8 200121 P&Z

provisions; eliminate special provisions for signs in the CHT within the

SR200/A1A Overlay District; and add a statement that properties in both

William Burgess Overlay District and SR200/A1A Overlay District will follow

the William Burgess Overlay rules for signs. He also reviewed the current

and proposed language to the Land Development Code (LDC).

Board Member Jasinsky abstained from the vote, due to having an interest in

property located within the CHT district. Discussion followed. (See

Attachment “B”).

There being no one in the audience wishing to speak for or against this

application, it was moved by Board Member Holloway, seconded by Board Member

Morris and unanimously carried to close the floor to public discussion for

Tab D.

It was moved by Board Member Gray that based upon the record and testimony

received, he recommends to the Board of County Commissioners approval of

application LDC19-012, consideration of an ordinance amending Article 18 of

the Land Development Code (LDC), Commercial Highway Tourist (CHT);

Specifically, Section 18.01, Permitted Uses; Section 18.03, Conditional Uses;

Section 18.04, Special Restrictions; Section 18.06, Minimum Yard

Requirements; Section 18.07, Building Restrictions; Amending Article 35 of

the LDC, State road 200/A1A Access Management Overlay District, Specifically

Section 35.09(F), Signage. The motion was seconded by Board Member

Higginbotham and roll call vote on the motion carried unanimously. Board

Member Jasinsky abstained from the vote.

Mr. McDowell stated that this item will go before the Board of County

Commissioners on February 10, 2020 and February 24, 2020.

Page 9: 200121 P&Z - Novusolutions

9 200121 P&Z

The Board considered Tab E, application LDC19-013, consideration of and

ordinance amending Article 5 of the LDC, procedures; specifically, Section

5.07, Site Development Plan Review; amending Article 31 of the LDC, Required

Off-Street Parking and Off-Street Loading, specifically Section 31.12, Off-

Street Parking Spaces: Number Required; Amending Article 37 of the LDC,

Natural Resources Protection; specifically, Section 37.05, Landscaping; and

Section 37.06, Buffers between Certain Uses.

Mr. McDowell came forward to provide staff presentation. He commented that

these amendments have been previously discussed with this Board. The

amendments will streamline some procedures and clarify areas in the code. He

commented that the amendments would allow the Development Review Committee to

waive in certain cases the Site Engineering Plan process for existing

structures that are changing use, based up certain criteria in terms of the

scope of those changes. The idea is to allow for the reduced minimum parking

standards, which would be based on a study provided by a transportation

professional; and shared parking standards; create site plan standards for

landscape; address the location and screening of lift stations and back flow

preventers; and clarify the location and type of fencing requirements.

Chairman Gillette stated that he had a discussion with Planner Kailey Saver

prior to the meeting and discussed preserving trees that are under the six

(6) inch minimum that would normally be surveyed, but it would still be big

enough to meet a tree planting requirement. They discussed saving the

existing tree in lieu of removing and planting a new tree. He commented that

Ms. Saver stated that if the tree was saved in lieu of planting staff would

inspect.

Page 10: 200121 P&Z - Novusolutions

10 200121 P&Z

The Board inquired if the shared parking is considered in residential areas

with accessory dwellings. Mr. McDowell clarified that the shared parking

references non-residential.

There being no one in the audience wishing to speak for or against this

application, it was moved by Board Member Morris, seconded by Board Member

Arnold and unanimously carried to close the floor to public discussion for

Tab E.

It was moved by Board Member Morris that based upon the record and testimony

received, she recommends to the Board of County Commissioners approval of Tab

E, application LDC19-013, consideration of and ordinance amending Article 5

of the LDC, procedures; specifically Section 5.07, Site Development Plan

Review; amending Article 31 of the LDC, Required Off-Street Parking and Off-

Street Loading, specifically Section 31.12, Off-Street Parking Spaces: Number

Required; Amending Article 37 of the LDC, Natural Resources Protection;

specifically Section 37.05, Landscaping; and Section 37.06, Buffers between

Certain Uses, including the provision regarding the preservation of

applicable trees. The motion was seconded by Board Member Higginbotham and

roll call vote on the motion carried unanimously.

Chair Gillette advised that Tab F is a Quasi-Judicial hearing. Mr. Mullin

explained the Quasi-Judicial Hearing Procedures for Tab F. He asked if the

applicant wished to waive their presentation and rely on staff comments.

Jon Lasserre, attorney with Rogers Towers, P.A., agent for the applicant for

Tab F, application PUD19-008, came forward to waive presentation and rely on

staff comments.

Page 11: 200121 P&Z - Novusolutions

11 200121 P&Z

The Board considered Tab F, application PUD19-008, a consideration for

rezoning approximately 265.65 acres located on the west side of Lem Turner

Road between Lawhon Road South and Dornbush Road from Open Rural (OR) and

Residential Single Family 2 (RS-2) to a Planned Unit Development (PUD) to be

known as “Deerfield Lakes”, filed by Angel Lakes Gated Inc., owner and Rogers

Towers, P.A., agent. The property is located on the west side of Lem Turner

between Lawhon Road South and Dornbush Road in Callahan, Florida.

It was moved by Board Member Holloway, seconded by Board Member Arnold and

unanimously carried to open the floor to public discussion for Tab F.

Regarding ex-parte communication, Board Member Higginbotham had discussion

with Mr. Greene regarding how great this development would be for the

community. All other Board members advised that they had no communication

nor made site visits regarding the agenda item.

The Deputy Clerk identified the documents in the agenda packets associated

with Tab F. It was moved by Board Member Morris, seconded by Board Member

Arnold and unanimously carried to accept the documents into the record as

identified by the Deputy Clerk (See Attachment “A”).

The Deputy Clerk swore in staff to provide testimony.

Mr. McDowell came forward to provide staff presentation. He stated that the

application is a rezoning of approximately 265.65 acres from Open Rural (OR)

and Residential Single Family 2 (RS-2) to Planned Unit Development (PUD). He

referenced the proposed FLUM and the existing zoning map including the

proposed zoning to PUD. The PUD will consist of a campground element that

will allow recreational vehicles, maintain nine (9) holes of the golf course,

Page 12: 200121 P&Z - Novusolutions

12 200121 P&Z

include other recreational elements such as a water park, play field,

supporting facilities such as a clubhouse, restaurant, farmers market, other

amenities on site. He referenced the proposed Preliminary Development Plan

(PDP) for the site and one of the key elements of the PUD is a large existing

boundary of trees that currently surrounds the course. The trees will be

placed in a preservation area where there would be at least 300 feet from the

adjacent properties. He referenced the PowerPoint map of Proposed Preliminary

Development and the 50 perimeter buffer where people would not be allowed and

the buffer will remain undeveloped. He reviewed the different elements

within the PUD including building a new access road.

Mr. McDowell responded to the Board’s questions regarding emergency officials

having access; the requirements for the turn lanes; and the extended turn

lanes being included in the initial development. He stated that emergency

officials will have access thru the road that will be closed and the turn

lanes are required in phase one. The Board also inquired regarding whether

the tree preservation areas would be in the conservation easements. Mr.

McDowell responded that the PUD specifies that the areas will not be

developed for anything other than walking trails.

Mr. McDowell continued staff presentation. He referenced the phasing plan

which includes phase one having 150 RV slips, existing golf course,

renovation of the clubhouse, improvements to the entry road and Lem Turner

Road; Phase two will include an additional 150 RV slips, however before they

can be added they have to build the water park; Phase three will include the

remaining 150 RV slips, overflow parking, other recreation amenities, and

possibility the second access road on to Lem Turner Road.

Page 13: 200121 P&Z - Novusolutions

13 200121 P&Z

Upon a request from Mr. Mullin, Mr. McDowell explained that if the

development stops at Phase One, there will be a nine (9) hole golf course,

turn lane improvements on Lem Turner Road, and remodeling the clubhouse. He

provided the schedule for Phase Two that included the first phase of the

water park which must be completed prior to the approval of the additional

150 RV slips; also included in Phase Two is the farmer market, the camp

store, food court, and southern section of a multi-use path along Lem Turner

Road. Mr. Mullin inquired as to the phases of the waterpark. Mr. McDowell

responded that there are two phases for the waterpark, with the completion of

the water park in Phase Three and prior to the approval of the 300th RV slip.

Mr. Mullin commented on a conversation staff had with the applicant before

the meeting regarding the current worded Development Order not having

stronger language regarding the public access. The developer agreed that

could be changed. Mr. Mullin informed the Board that if the application is

approved tonight the consideration should be with a caveat that the public

access language should be agreed to by staff and the applicant before

approval by the Board of County Commissioners. Mr. McDowell responded to an

inquiry that the idea is that the recreational elements will be available to

the public even though they are not staying on the property with an RV.

Chairman Gillette suggested making it clearer, and identifying the recreation

elements that are available to the public. Mr. McDowell provided

clarification on the buffer located around the property.

Board Member Arnold inquired regarding the water and sewer on the property.

Mr. McDowell responded that water and sewer will be located on-site and the

applicant will be responsible for the proper permits.

Page 14: 200121 P&Z - Novusolutions

14 200121 P&Z

Board Member Stack inquired on the maximum length of stay. The group

discussed that the maximum length is four (4) months, which is listed in the

prohibited uses section of the draft ordinance. Board Member Holloway

inquired how long a tenant would have to leave in order to re-lease for four

(4) months. Chairman Gillette commented that clarification can be provided

when the applicant speaks.

Mr. Mullin responded to an inquiry that if a child is located in the RV park

for one day they have a right to attend school and the restriction would not

apply.

Mr. McDowell continued staff presentation. He reviewed the traffic analysis

including the average amount of daily trips. He stated that the proposed PUD

will generate less traffic during the peak hours. Next, he reviewed the

water and sewer for the property. He stated that the development will be

required to meet all drainage standards as imposed by Nassau County Roadway

and Drainage Standards and St. John River Water Management District criteria.

The development will have on-site water and wastewater treatment facilities.

He provided staff finding stating that the proposed rezoning is consistent

with the land use categories described in the Comprehensive Plan Policy

FL.01.02(E) and is generally consistent with the goals, objectives and

policies of the Comprehensive Plan; and compliant with the requirement of

Section 5.02 and Section 25.05 of the LDC and meets the analysis criteria

described in the report. He advised that staff recommends approval of the

application.

Board Member Holloway inquired regarding the water and sewer facilities

currently located on the property. Mr. McDowell responded that the golf

Page 15: 200121 P&Z - Novusolutions

15 200121 P&Z

course had the permit to draw the necessary water for the golf course and he

is unsure of the permit moving forward.

Board Member Stack commented that Lem Turner Road was on the schedule to have

an upgrade to four (4) lanes. Mr. McDowell responded that there are long

term plans to make improvements but not any time in the near future.

Robert Companion, County Engineer, came forward and was sworn in to provided

testimony. He responded that Lem Turner Road is scheduled for four (4) lanes

and will extend from US1 to the Nassau/Duval county line. The project is in

the cost feasible plan with North Florida Transpiration Planning Organization

at this time and will begin possibiliy within a 6-10 year time frame.

Walter Coltrane came forward and was sworn in to provide testimony. He

expressed his concerns regarding the drainage problems in the area,

prevention of noise pollution, and enforcement of the PUD.

Chairman Gillette commented that the PUD will dictate permitted uses. Mr.

McDowell also responded that there is no noise ordinance in Nassau County and

it would be a provision in the PUD and will be enforced by the County. The

violations of the PUD provisions can stop the development in several ways

including Code Enforcement review.

Mr. Coltrane requested that a fence be installed to keep people from

transferring to other properties.

Mr. Lasserre came forward to provided rebuttal. He stated that violations of

the PUD would be handled by the Code Enforcement Department and any

provisions not addressed in the PUD are addressed within the LDC. He noted

Page 16: 200121 P&Z - Novusolutions

16 200121 P&Z

that the water park, farmers market, multi-use trail located along Lem Turner

Road, and golf course will be open to the public and the language will be

updated to clarify. He stated that he will review state laws regarding

restrictions for tenants. He explained that the current permit is for

consumptive use for the golf course and there are intentions to have

reclaimed water.

Henry Vorpe, Engineer representing AVA Engineers, came forward and was sworn

in to provide testimony. He explained that due to development being so far

from the Town of Callahan, the owner has agreed with the Town of Callahan to

operate treatment facilities if built and dedicated. He advised that the

wastewater treatment will be handled on-site and any drainage issues will be

corrected.

The Board inquired regarding the placement of fencing and RV water/sewage.

Mr. Vorpe responded that there is no fence located around the property. He

explained that the RV sewage will use a gravity sewer, water mains/hookups

are located throughout the development.

Mr. Greene, applicant, came forward and was sworn in to provide testimony.

He explained that there is currently an easement located around the property

and there is room to place a fence. He agreed that a fence would be a good

idea, but would not be able to complete in Phase One, but possibly Phase Two.

Board Member Higginbotham stated that at a community meeting there was

discussion regarding a swimming pool. Mr. Greene responded that the swimming

pool is going to be put in with lanes for the local schools to use for sports

and the golf course is also available to the schools for sports.

Page 17: 200121 P&Z - Novusolutions

17 200121 P&Z

Board Member requested clarification regarding the location of the wastewater

treatment facility and water pumping stations. Mr. Vorpe responded that it

would be located in between the golf areas and away from the RV park.

Chairman Gillette inquired regarding the use of septic tanks and if language

can be added as a provision to the PUD. Mr. Vorpe responded that the State

of Florida Department of Health will not want a septic system.

Board Member Holloway inquired regarding the time limit to leave the RV park.

Mr. Greene responded that the time limit is four (4) months and there is no

clarification on how long the tenant will have to leave to re-rent. Mr.

Mullin responded that the issue is enforceability and staff can draft

language but a provision would need to include a register in order for Code

Enforcement to enforce. The group had further discussion.

There being no one else in the audience wishing to speak for or against Tab

F, application PUD19-008, it was moved by Board Member Holloway, seconded by

Board Member Higginbotham and unanimously carried to close the floor to

public discussion.

Mr. McDowell reviewed the timeline of the process for review by the Board of

County Commissioners and transmittal to the State of Florida.

It was moved by Board Member Gray that based upon the record and testimony

received, he finds that there is competent substantial evidence and therefore

his motion is to recommend to the Board of County Commissioners approval of

Tab F, application PUD19-008, a consideration for rezoning approximately

265.65 acres located on the west side of Lem Turner Road between Lawhon Road

South and Dornbush Road from Open Rural (OR) and Residential Single Family 2

Page 18: 200121 P&Z - Novusolutions

18 200121 P&Z

(RS-2) to a Planned Unit Development (PUD) to be known as “Deerfield Lakes”,

filed by Angel Lakes Gated Inc., owner and Rogers Towers, P.A., agent. The

property is located on the west side of Lem Turner between Lawhon Road South

and Dornbush Road in Callahan, Florida, including the provision that the

public use or access is included for the waterpark, pool, clubhouse, farmer’s

market, store, golf course, and walking trails; and the removal of any school

related language that is not allowed and/or unenforceable. The motion was

seconded by Board Member Higginbotham.

Following a brief discussion and clarification, Board Member Gray amended his

motion that the septic system is allowed if package system is denied by

governmental regulatory agencies. The amended motion was seconded by Board

Member Higginbotham.

Following further discussion, Board Member Gray amended his motion to remove

preservation walking trails and include public access to the multi-use trail

located near Lem Turner Road. The amended motion was seconded by Board

Member Higginbotham and the roll call vote on the motion and amended motions

carried unanimously.

Following a brief recess at 8:07 p.m., the Board resumed the meeting at 8:14

p.m.

Mr. McDowell discussed Tab H, application LDC20-001, allowing for cottage

food production as a home occupation and manufacturing of prepared food

products in a state-licensed commercial facility as conditional uses in the

Open Rural (OR) district. He stated that there have been previous

discussions regarding the draft ordinance. The trends are in rural areas

where there are small producers of certain types of prepared foods that don’t

Page 19: 200121 P&Z - Novusolutions

19 200121 P&Z

require temperature control. The draft ordinance would allow a conditional

use in Open Rural (OR), and definition of prepared food.

Mr. McDowell discussed Tab I, the sunset of the West Nassau Heritage

Preservation Committee. He advised that the committee was created to

complete the goal of a Vision Book and the Vision Book has been completed and

adopted by the Board of County Commissioners.

It was moved by Board Member Higginbotham, and seconded by Board Member

Morris to sunset the West Nassau Heritage Preservation Committee and the vote

unanimously carried.

Mr. McDowell discussed Tab J, rescheduling meetings due to election activity

on March 17, August 4, August 18, October 20, and November 3, 2020. He

advised that the upcoming year is election year and the Supervisor of

Elections will need the Commissions Chambers for early voting purposes.

The group discussed the rescheduling or cancellation of the meetings. Mr.

McDowell advised that he just received dates when the Commission Chambers

would be available. Mr. Mullin suggested that staff reschedule the meeting

and inform the Board of the dates. Mr. McDowell also reminded the Board of

the workshop session scheduled on January 27, 2020 at 9:00 a.m. to review

procedures on the LDC.

Mr. McDowell stated that Tab K, Planning and Zoning Member Stipends is

informational only.

There being no further business, the regular session of the Planning and

Zoning Board adjourned at 8:24 p.m.

Page 20: 200121 P&Z - Novusolutions

20 200121 P&Z

__________________________________

Chairman

ATTEST:

_________________________________

Page 21: 200121 P&Z - Novusolutions

21 200121 P&Z

Attachment “A

Nassau Planning and Zoning Board January 21, 2020

Tab F – PUD19-008 Deerfield Lakes Campground

1. Draft Ordinance – 5 pages 2. Draft Ordinance Exhibit B – 13 pages 3. Draft Ordinance Exhibit C – 9 pages 4. Parcel Map – 1 page 5. Zoning Map – 1 page 6. Staff Report – 18 pages 7. Application for Rezoning – 20 pages 8. Traffic Analysis – 79 pages 9. Economic and Fiscal Analysis – 34 pages

Page 22: 200121 P&Z - Novusolutions

22 200121 P&Z

Attachment “B”

Page 23: 200121 P&Z - Novusolutions

23 200121 P&Z