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now mics are on mics are on good evening call this meeting to order of the local planning Agency on February 6 2025 can I get a motion to approve the last minutes well we have no minutes to approve okay well we don't need a motion then do we no all right
uh we only have one item on today do we have any public comment on non-agenda items okay I first I need to ask whether any of our members have had I have no expart Communications to divulge and I've had no expart Communications uh all parties that are going to testify please stand and be sworn in
please raise your right hand do you swear or affirm that the evidence you're about to give will be the truth the whole truth and nothing but the truth okay please begin Mr El thank you members of the LPA uh for the record Brian elim I'm the principal planner a principal planner with growth management copy of my work history is on file with the clerk um the applicant has also offered into evidence resumés and a h sound storage fact sheet with which is
on file with the clerk public comment um through January 9th from January 9th through 28th is part of this agenda item and I just wanted to turn in two additional ones that we received after that for the record so this is a request by Thomas
Engineering Group LLC on behalf of liveo capital partners for approval of a major final site plan to construct a three-story approximately 94,3 squ ft residential storage facility and Associated infrastructure on an approximate 4 acre undeveloped property included with this application is a request for a certificate of public facilities reservation the property is located east of Southeast Federal Highway appr o
imately 28 Mi south of Southeast Heritage Boulevard South of bethl Lutheran Church and north of the Water Treatment Facility in hop sound on the east and west sides of the property is right of way the existing zoning District on the property is rs- 6 medium density residential district with a medium density underlying future land use residential storage facilities are not a permitted use in the rs- 6 zoning
District a comprehensive plan amendment is scheduled to be heard on February 11th 2025 before the board of County Commissioners proposing a change in future land use from medium density to General commercial commercial General excuse me and a change in zoning District classification from RS6 medium density residential to GC General commercial residential storage facilities are permitted use in the GC General commercial zoning District
this is uh the site plan access to the property is proposed from one location from Southeast Federal Highway a deceleration Lane is proposed for vehicles entering the site and the existing sidewalk will be routed to the east for the length of the property than back West to continue as it exists presently approximately 2.61 Acres of the site consists of wetland Wetland buffer and Upland scrub Reserve that will be maintained and restored where necessary is defined in the Reserve are management plan the
proposal meets or exceeds the requirements for a building in The General commercial zoning District the allowable building building coverage in General commercial zoning is 60% and this proposal is 18% the proposed Building height is below the 40ft threshold permitted and the proposed 77% open space exceeds the 20% minimum open space permitted in GC zoning
here's one of the landscape plan sheets almost all existing trees on site not within the developable area are to remain open space areas around the building are to have sod shrubs trees um retention areas are planted with Native ground covers and trees matter of fact I think all of the Landscaping uh is native in nature I wish this were clear you see all along the open space
setback areas will be planted with trees and shrubs here's a view of the elevation drawings the proposed architectural design satisfies commercial design criteria with the use of parapets decorative cornice and brackets changes in height and screening of rooftop air conditioning building mass is controlled with offset wall planes decorative shutters and awnings and over windows and on leans over windows and the
customer entrance development review staff have found the Live Oak Capital Partners application to comply with all applicable regulations in the comprehensive growth management plan is detailed in the staff report staff's recommendation of approval of the live vot Capital Partners application for major final site plan approval excuse me and Preserve
management plan for the hob sound storage project is contingent upon the board of County Commissioners approving an amendment to the Future land use map to assign a commercial General future land use and resoning from RS6 medium density residential to General commercial GC zoning District that concludes the presentation be happy to answer any questions Jim um I don't remember having a final site plan before a land use and Zing change was
instituted I've been doing this for 22 years the comprehensive plan amendments must go first and must pass otherwise this will be I imagine withdrawn yeah so Elise Elder Deputy County attorney so the board will hear the future land use map Amendment first if that passes they'll hear the resoning and then right after that they'll get the site plan this
board already heard the future land use and the resoning like a year or so ago a while back um so it's just this is traveling separately cuz this wasn't um ready when those two went forward but the board will hear the first two first and then do the site plan so it'll be appropriate if they're passed so I I don't specifically remember the f I think I do remember the future land use on on a storage unit but but it was under Live Oak not babic I
I'm just concerned that we've got a bunch of different balls that are in the air right now um so babic is the owner of the land um live o Capital Partners is the applicant contract contract purch why don't we wait for for Mr Reigns to to to go into that and I believe they've all been involved since the beginning this nobody's new right now right
okay any other questions Jim no have any questions Mr Brown no and I have no questions so can we hear from Mr Reigns uh good evening oh one minute one minute I did not read the title and I think I should should I not miss elder or does it matter um I think Mr elim covered it so we're okay for that yeah uh good evening gentlemen for the record my name is Bob Reigns and I'm a luse attorney with the gunster law firm and I'm here this evening on behalf of the applicant
and I would like to begin uh by having the record reflected I have with me the proof and notices to the surrounding property owners for both the hearing this evening and the BCC meeting on Tuesday and that I'm turning those into the clerk at this time so um in a moment I'm going to have uh we're going to make a short presentation I'm going to have Brandon Almer who is our engineer come up we also have uh with us uh our environmental consultant and also a representative of of Live Oak who can
also answer any questions that you might have so I think we have everybody here that might be able to answer any questions that you might have so Mr Almer will be up in a second but I wanted to just cover a few points before he comes up you know I've been doing land use here in Martin in St Lucy County for over 28 years I can't remember a matter where a client met and attempted to meet with the neighbors as much as Mr Mr tedar has over the last two years um
we actually had our first meeting with the uh repres board representatives from the Heritage Ridge POA and also the pastel pastel POA which is across the street from this property and we met with them before we even filed any applications and also their attorney uh Deborah Ross was also present at that meeting uh subsequent to that we've had uh Mr tedar especially has had more meetings and I can count with Mr
Sullivan and the board Mr Sullivan is here this evening and they've submitted a letter of support uh for this project um and on top of that after numerous meetings with those individuals M through uh uh the graciousness of Mr solivan he was able to coordinate for us an openhouse meeting with the entire community so all the residents at Heritage Ridge were invited to this meeting and um it went very well it was well attended in spite of the the fact that a couple of uh the residents were
trying to discourage the people from coming to the meeting to find out what the facts were but uh that meeting I think went very well and uh and most of the people left very satisfied with what we were proposing to do and since that time we've continued to stay in contact with Mr Sullivan and the rest of his board and if there were any questions or anything that they needed answered we were there for that uh Mr tedar also met with
uh the pastor of the church next door prior to any applications being filed and uh we continued to reach out to try to correspond with them over time and uh that Pastor had left and was there was a time I think and Mr tedar can address some of these if you have any questions but there was a time when uh that I think seat was vacant that office was vacant and uh but he continued to try to reach out to people at the school that's also operating there we had you know
numerous contacts with people that we were hearing comments from and Mr tedar made every effort he could and I've got a two-page list as a matter of fact of all the efforts that he tried to make in reaching out to those folks so um I think we've done a very good job of trying to communicate with with the neighbors and um so with that being said uh I know that some of the comment and concerns
which are understandable but unwarranted deal with basically what I could ascertain three three kind of topics flooding uh traffic at traffic SL kind of accidents and crime SLS safety so um Mr Almer will I think address certainly the first two and maybe a little bit of the third one with some of the security measures that we're going to have but Mr tedar also is in a position to answer address those concerns but with that I
would like to ask Mr elim a couple of questions that sort of I think answer and address those concerns if that's okay uh it's okay with me if it's okay with her yep perfectly and Mr elim oh he doesn't he doesn't have a choice no k no Mr elim uh I think you said sir you turned in your resume for the record correct that's correct can can you just give us
a quick brief background of your education and your work experience just brief you never asked me that one I got to keep you on your toes well I've been a principal planner or a planner here at growth management I believe two years going on two years before that I worked for Palm Beach County as uh as a planner also okay for about seven years and then prior to that I did an assortment of jobs including uh
Aerospace uh capacitor design and a lot of project management on large jobs okay thank you uh I'd like to just turn your attention if I could for one second to the staff report that was issued that's dated uh 1211 2 20 uh 20 24 do you have that in front of you or can you I could bring it up okay that'd be great thank you I think
oh prob yep the one is that 1211 uh yes sir 1211 2024 okay and if we could let's go to section f
quickly if you don't mind so okay yes so section f is it says the determination of compliance with the comprehensive growth management plan requirements and obviously IT addresses the contingency on the future land use change which we I think we all understand that this major site plan will be contingent upon that being approved at the
BCC uh but under your findings of compliance it says staff has reviewed this application and finds that it complies with the ldrs as detailed within the report staff recommends approval of this development application as consistent with the guidelines and standards of the applicable comprehensive goals objectives policies as implemented in the ldrs is that is that correct is that reading correct and is that still that recommendation still stands sir yes and is that your responsibility to make that finding yes okay and then in item G uh right
below that if we can go to that um and then that's a determination of compliance with the land use the site design standard zoning and procedural requirements of the growth Management Department again is that your responsibility to make that determination yes and that reads if I'm correct staff has reviewed this application and finds that it complies with the ldrs is detailed within the staff report staff recommends approval of the development applic is consistent
with the guidelines and the standards of the applicable comprehensive plan goals objectives and policies is implemented in the ldrs that's correct and that still stand sir yes sir and I want to you're also responsible for assimilating and putting all the information together and making that determination based on all the other departments correct yes so if I could let's go to section k
okay great and that's the determination of compliance with Transportation requirements from the engineering department is that correct that's correct and there's been a lot of there's been some discussion about the amount of traffic this is going to generate and the concern of traffic and all of that and this says in there if I'm not um that findings of compliance the traffic division of the public works department finds this application is in compliance and that compliance with the adequate public facilities ordinance this application satis iies the adequate
public facility standards it has a DI Minimus impact an impact that would not affect more than 1% of the maximum volume of the adopted level of service of the affected Road facilities correct that's correct and that was made by someone in the in that was made by our traffic engineer uh yes based I'm sure upon analyzing the submittal from your engineer all right so that's a Dom Minimus impact correct that's correct and then the last thing I just wanted to
address with you and I appreciate everybody's patience is if we can go to item M down below there uh determination of compliance with engineering storm water and flood management requirements um and that's an engineering determination if we go down under find finding of compliance there's been discussion about flooding in this area and that this property could cause flooding to that area or exacerbate the
flooding and in here it says in Division 9 uh storm water management the applicant has demonstrated the proposed development will retain the 25-year 3-day storm event prior to discharging into an adjacent Wetland connected to the East Fork Creek drainage basin the applicant proposed a sto storm water system consisting of dry retention areas and supporting drainage infrastructure the applicant demonstrated the water quality volume is being met and the proposed prior to discharge thereby the
required attenuation and water quality treatment is in compliance with Division 9 is that correct that's correct and again that was provided by the engineering department yes and the last one I just wanted to point out too is flood protection Division 10 right below that uh the site does not fall within a special flood Hazard area uh I think there may have been a letter that said it wasn't a flood had flood zone but uh the applicant demonstrated that the minimum finished floor elevation of
17.75 Ft NV na avd is set at or above the maximum predicted stage of 100-year 3-day storm event therefore the applicant demonstrated compliance with division 10 is that correct that's correct all right thank you sir um with that I'd like to have Mr Almer come up and he can make a short presentation and then uh I may have Mr tedar come up just to make a few comments on some of his role in this you can do whatever you'd like during your one and a half minutes
left I appreciate it he's panicking cuz he thinks you did you want this here let me uh yeah let me just qualify Mr Almer here I'm sorry uh Mr Almer you've been sworn in correct sir yes and can you state your name for the record Brandon you have to speak into the microphone guys otherwi that I got to pick you up sure sorry Brandon mer and can you you uh s give us
a brief description of your education and background and work history um yes so I have a engineering degree from Florida State um I am registered professional engineer with the state of Florida I've been doing it for over 22 years um worked for a number of different firms okay and can you identify the paper I'm handing you sir yes yep and what is that yep that's my reference resume resum and is that an
accurate up-to-date resume yes um I'd like to turn this in if I could I did already submit these to the record but I'd like to submit to the clerk for this hearing and you prepared the presentation and worked on his project is that correct correct it in its entirety thank you go right ahead thank you so again Brandon olmer for the record um you want me to do that or yeah so we started this this project number of years ago I was with Thomas
Engineering and the project was started with Thomas Thomas Engineering and I have since um moved to M short and Associates so that's why you see that um on there so um just wanted to point out the rendering um the style and um you know modern look of the building and you know all the uh features um that that Mr elim pointed
out so let's see all right let's do that there we go all right perfect um so this is a slide I'm not going to I'm going to try not to double up information but we wanted to kind of point out the proximity of other facilities um cuz that was something important that the neighbors were kind of talking about so um you can see to
the north the nearest facility is 1.25 miles away um that's a storage facility and then to the South it's uh 1.9 miles from um the proposed parcel and you can see the proposed project is um right here in this parcel in the middle uh and so this is kind of the adjacent uses which I think Mr elim touched on the majority of those there
are a few commercial Parcels along here as well which I will touch on um one that is under construction to the South and um you can see that the storm water treatment facility for the county is um south of the project and and there's a little View street view of of the the project there on the bottom corner
um same same map that that we saw Mr El's presentation what I wanted to point out here um is the commercial uses that are within a half a mile um on this Corridor um you know this is kind of a the main Corridor of of Hope Sound if you will um so you can see there are a number of commercial uses around um to to the north to the South um there's two or three kind of peppered along that
Corridor so we think that that kind of shows that that's an appropriate appropriate use um major final sight plan um 94,000 or so Square ft three stories building footprint is around 30,000 square ft it has two covered um loading spaces eight parking stalls and two Ada spaces
and I've got a little bit of a more zoomed in site plan here um you can see how substantial the the Wetland area is um you know you're you're looking at 470 so feet from the rear property line and the rear property line there's also a ditch back there so there's more distance from uh from the residential it's approximately the same distance since as the church you can see where it says
existing church that's about where the church facility is so we'll be about the same distance from from the highway as the church is um you can see in blue our storm water facility um and then the paving the turn lanes and you know the parking and those two loading spaces are actually covered by the upper floors of the building um so a couple things on this there's a
lot of numbers on here um but what's important is the the amount of wetland and also other preserve areas on this property so with the Wetland you obviously have the Wetland buffer um but we've also got some other rare native habitat up in the front um it was important that we kept that habitat um because of the type of
habitat it was also um because there's habitat on the adjacent storm water facility so we kind of tied those two together um what we want to kind of point out as it relates to the Wetland there's not a whole lot of Exotics in there so we're talking maybe you know 10 15% somewhere around in there we're not going to come in and
start clearing all these trees out because they're Exotics um it's going to M most of it's going to be maintained all the tall trees are are going to be maintained um so there won't be this Mass leveling of property that that sometimes happens when there's a lot of Exotics in a wetland it's got to be cleared out and everybody's like well how are you clearing a wetland well because it's all exotic so that won't happen in this case you'll have all those large mature trees in the back to
continue to help buffer um the residents behind so one of the other things that we wanted to point out that is very unique or you know to this site because of the Wetland it's a 4 Acre Site we're at like 1.39 Acres developable so that that's important when you start talking about other uses and how much room they need how much parking they may need um and that sort
of thing so it it limits the the type of use that that can really go there um some of the building features just some more um uh you know some more renderings for you um essentially this is a secure facility so when somebody wants to use their unit they've got to go to those loading spaces there's one access point they
have a reader card reader key card access to the building um one entry point one exit point it's normal business hours so people aren't going out there 12:00 at night to their storage unit and you know turning all the lights on and and lighting up all the uh property um one thing you know you can see on the floor plan how there's paths all the way through and around the building so that there's one access
point it's it's completely secure everyone has their own code so they know who's going in and out of the building at what times um there's security cameras um there's an office in the front corner um that will be manned at normal business hours um so you know why storage everyone kind of starts to rumble well we have plenty of
storage units and and all that um you know there's numerous residential areas around that have access to this Corridor and you know we we feel that because of all those residential units there is the demand and um you know when you look at National averages and things it shows there's a demand um typically you're looking at 10% of the households that
utilize that's kind of a general average so if you think about a thousand homes that's that's 100 units so that's how you can kind of translate that um so that's kind of the end of of my presentation I'll turn it back over to Bob and yeah and let me I'd like and uh I do when I finished with Mr T I'll
Jim go back and answer I think a couple of your questions and clarify what took place on this process so I forgot to do that earlier so I apologize um so let me ask Mr tedar Steve ter to come up at this time and Mr tered can you introduce yourself I'm Steve tenner um what else do I need to share besides that yeah go ahead who with uh liveo Capital Partners um been buying developing owning operating Self Storage fa facilities for 15 years um all over the southeast and
have you been sworn in yes and can you identify the paper I'm handing sir it's my um my uh unsexy bio okay all right and is it an upto-date accurate it is yes okay like for the record to like for the record to reflect on turning that in so yep um I think these guys covered it fairly well um I've been in the storage business as I mentioned for 15 years years um I think it's a
quiet safe secure use um I think we are good neighbors um both to be near and also our contribution to the surrounding community in terms of um you know we are net uh uh net taxpayers instead of uh drawing on the resources of communities um very limited traffic um a modern storage facility is is U you know it blends with the with the surrounding community and this design is reflective
of many conversations we had with both the staff and with the neighbors nearby um as uh as Mr Reigns had mentioned we had uh we have met extensively with with uh neighbors behind us neighbors north of us neighbors across the street um we work very hard to be uh accommodating and do our best to uh um you know uh be welcome in the community because quite
frankly that's who we're looking to for our uh our future tenants um people view storage as an extension of their home um you know as is U Mr Almer mentioned 10% of households out there use storage it's actually a little bit higher in Florida and that's simply because we don't have basements here we don't people are reluctant to store in their attic um because of the Heat and uh a lot of homeowners associations limit the number of cars you can park in your driveways
and so as a result uh people just don't have enough storage space and so um you as far as the Safety and Security I I think that's been addressed but uh um in the 15 years of of owning storage facilities I can tell you I can count on one one hand the number of incidents we've had in those facilities um and three out of the five were just vandalism um people damaging walls damaging bathrooms things of that nature um because we have we'll have an excess
of 30 cameras around this facility that the fact that every person who enters the facility has to enter their own code into the door on camera um people who are law Breakers are really reluctant to go into these kind of places so um happy to answer questions if you'd like me to thank you um and I'll just finish up uh in response to Mr Moyer's questions so this has been the same applicant throughout the whole process and it's the landowner is obviously the same
person too so uh nothing has changed the um and it's not uncommon for all three things to go at once what happened here in this particular case is when we went after we came to this board we went to the BCC we were just moving forward at that time with the rezoning and the land use and then when we got to uh the board of County Commissioners we did have a number of neighbors who we were not expecting to show up given you know we had had a lot of comments and I say a
number I'm talking like five and then miss Norris actually intervened there was an intervener at the time so we decided that we would just pull back and then try to meet with them again and talk to the people and try to address their concerns um so uh that was the reason why we uh did that so and so that's why that went forward to that far we pulled it back and now we're just bringing it all forward together so was there a vote at the no no no sir we withdrew we we
didn't we continued it to a date uncertain at that point in time before the item really got decided or voted on there was no motion or anything like that okay there was even no presentation that day I'm trying to there wasn't we took it off the agenda in the morning yes we didn't even I don't think we I think we automatically came up cuz we talked to some of the people in the hallway and just asked for a continuance to a date uncertain because we wanted to
to meet with them and interesting enough the one lady who was an intervenor would when we told her we'd like to set up a meeting with her she wouldn't even meet with us she refused any other questions Jim um well I do have a question about the drainage in the canal in the back because we've got a brand new um water treatment facility there and those canals were backing up years ago is there access is
there an easement to keep that drainage conveyance clear the um you have an unrestored wetland in the back that the canal is beyond the property yeah it's beyond the property so it's in its own so there is there but there is access for the county to do the management in that Canal that they not through this not through this property it's got access on the other side yeah it's got its own like 50ft wide Canal easement or whatever it is yeah yep what is it Miss Elda I would
have to look I'm not sure I don't represent that department yeah I mean we could pull up one of the exhibits well I could maybe go back and show you I think it would Cal no I just that I mean this area has had some pretty serious flooding issues and it was almost always because the the canals or the conveyances were were blocked yeah so please yeah so you can
see on this exhibit beyond the green area that's where the canal is so it's got its own its own easement its own I it might even be a right away it's own like right away that is right away yeah so then yeah so it's our property yeah I think it's part of the extension of anything else Jim I think that's what I got Mr do you have any questions for you applic it this uh this is a total
walk-in facility right is what I'm looking at yes a walk-in correct correct yeah there's there's uh carts and you load everything on and yeah yep so so are those loading docks semi-tractor available or are they only for private Vehicles no the idea is it would not a tractor trailer it'd be too tight area to do that um a 35t box truck so U-Haul or Rider can it's large enough that they can pull in there and and turn
around you occasionally get those but it would not be a moving vans door no not moving vans the the majority of folks that would be accessing the facility are are simply you know people driving up in their vehicle and unloading the Christmas decorations right okay I don't have any do we have any interveners there are no interveners okay I you have public comment I do I think she just came in I'm not sure she's got a there one
one you want to tell her that she needs to do that's her could believe okay is there if you want to make public comment miss you have to fill out a card okay Bru excuse me Bruce monasco gentlemen ladies well come on up and introduce yourself I'm Bruce monusco hobes sound resident
here for about 44 years um watching everything grow and things are moving that's true I have a couple of concerns here um one is that a I don't think it fits in with what hop sound looks like they it's kind of making hope sounds start to look like Jupiter and Stuart and that's not necessarily a good thing in my opinion in my opinion uh so it
doesn't really blend in it doesn't really fit in it's just going to be there and it's going to be sitting right next to a church which is very unique and it's going to be in your face directly on us one so that's kind of a shock right there uh right so then the the additional things it says they're they're saying according to their information they're saying that 10% home of homes use storage units na I think it was nationally I think that's what the statement was uh I don't know whether you guys can see
this but if you look at the little red dots on my phone those are all storage facilities right near where this building is they're starting at I think two of them on Bridge Road on all the way up us one into Stewart there's something like 12 or 14 if not more storage facilities how many storage facilities we need they're saying oh we need this why I don't think these storage facilities
already have are anywhere near capacity period they just not why will we need another one I don't understand that the the the steps behind this other than you know some guy wants to presumably build one for what particular reason they're saying it's necessary I don't think it's necessary at all I think we have way adequate storage right now I don't see a I don't I don't see any point to this um and as proximity this they're saying okay within 1.2 miles north or south or
whatever it is you sit there and you look at this guys okay their storage facilities all over the place are out here I just don't think another one is is is necessary and I don't think it's needed so uh I can't see why you would want to change the the the zoning here from medium density residential to commercial for this building which is not
needed Beyond me so I I from what their arguments are I'm I don't see justification to approve this thank you you anyone else come on up hi just state your name for the record Laur I live I live just uh south of the
proposed um site where they want to build the uh storage facility and I did not receive the notice of public hearing so I'm just this is just I'm just finding out about this in the last few days so I've try to do a little bit of Investigation I my neighbor is an engine ER and uh we all live on Lexington
Avenue and the flooding is still a concern for us I said to him well with the retention um area there it shouldn't be any longer and he goes actually it's worse because um there's a drainage pipe that every all the water will run through so if it floods that property it's I don't know if anybody's familiar with ber beri principal but it's like a six Lane Highway trying to
come down into one lane there and the water is further going to be backed up and there I don't think there's anything that can change that so the flooding is still a concern and it'll flood our street um that's one concern I have um the other concern I have is that we don't we have a lot of storage facilities in hopes sound that are not occupied at full
occupancy and we're going to change the zoning on this property from residential to commercial so if the storage unit doesn't pan out they have a commercial rating on that property and you can put whatever you want there and and that's a that's a real concern and it's I live on Lexington and will all be at the meeting next week um so um those are concerns
that I have and we just went through a beautiful preserve that we had in our backyard being hacksawed in the middle of the night without warning well at early in the morning without any notice and now we want to put in to the right of us we want to you know take away that that lot that land that we have to look at now instead look at a
white building so those are my concerns I'm I'm happy to to look further into the engineering side of it and and what impact the flooding will have but um you know as Property Owners I understand they bought a piece of property and it's for residential use and they don't want to put homes back there because it's a costly Endeavor so your time up my why make their problem our problem that's my okay
back to the board may I have an opportunity to address a couple of public comments sure thank you um so you know I listen to Mr monusco uh and state that um you know that we have there's enough storage facilities and we don't need anymore I I I I don't know maybe he's an expert in that didn't indicate that he was and you
know I find it kind of ironic you know somebody like Mr tedar is not going to make the kind of investment in this community and expend the money that goes into this unless they know what the market is so when you ask the question of how many more do we need well the market will dictate that and you know I've been again doing this for 28 years and you're going to get pretty good at it eventually I probably will just as I get ready to walk out the door but um
but you know these companies like Mr tedar and he can address it too the the market studies and stuff that they've done they they're not doing this stuff willly nilly and uh the the market dictates how many we need not not the neighbors and their feelings on it and I understand and I appreciate that um and then um with response to um Miss way Wayan I think I hope I said
that correctly uh if she's got an engineer that thinks that we're we're happy to talk to him uh you know he obviously isn't here tonight she's she's citing him but we can't ask him any questions or anything so uh I would just keep that in mind but uh but I'm happy to get Mr Almer together with him if she wants to give me the name and number I'll call him tomorrow and set up a meeting and we can find out what concern concerns or what his feelings are on that we're happy to do so thank you
thank you okay again back to us Mr Brown do you have any questions of anyone else Mr Moore um couple observations one is that I would prefer to have staff make clear some of those things like this is why we don't have a land use change in the staff report I'm I'm still very concerned that we're
approving uh a uh a a final site plan on a piece of property that we are not legally able to approve it on well the staff report only Mr go ahead ahead I'm just the staff report only uh you know testifies to the fact that the proposal that is given to us the site plan and all the construction documents and all the all the other
materials comply for a building that is going to go into GC with commercial General future land use if it but it doesn't have it now no it doesn't and that's why the notes are in there that this is only valid if those things pass otherwise it is not it is not a is not a permitted use in that uh Mr yeah go ahead excuse me Mr Ellum uh Paul Schilling growth management director for
the record so Mr Mo in response to your question I would just uh respectfully request that you um take into consideration section B of the staff report which indicates that the and I can read it but the future land use of the property is medium density with an RS6 residential zoning access to the property is from Federal Highway as we know the property is a buding conservation land to the South and a church to the north and the proposed use is not permitted in the existing zoning
and requires approval of a separate application amending the future land use to assign the commercial General future land use and The General commercial zoning district and and I read that and and I with with the knowledge that I have had then I wouldn't be able to approve this go ahead Bob because because of what you just said no wait wait go ahead Bob the the purpose of this hearing tonight is to determine whether the
application before you this evening this is a Judicial quasa judicial process is to determine whether the application before you is is meets the requirements of the comprehensive plan Land Development code with respect to Major site plan approval so that's what the question is before you tonight if that's the case then you should make a recommendation of approval the point is that whether if we don't get the land use in the zoning change it's irrelevant
if we do get it then it should be passed because I think we've shown through competent substantial evidence that we meet all the requirements so so I don't understand what your dilemma is because you you can make the recommend you're not making an approval anyway you're making a recommendation and so you can recommend approval that we made it based upon this contingent upon the land use and the rezoning so I don't know why that's a a point of contention for you with
respect to whether we're meeting those requirements it it's a point of contention in in that it is not the way it has been done almost 99% of the time actually it's the way it's done most of the time well but not such a broad it comes it comes before us as as a as a unit or the property has already been approved and already zoned appropriately correct and then a master
site plan is done and so I think that I think that in this case the cart is before the horse not that that's a giant problem but I think that it would be better for staff's report to make that abundantly clear and I think it would in fact be better if those land use changes and the zoning was changed before the site plan was approved CU we don't have a certainty that it's going to be well but that's wait a minute guys guys guys miss El do
you want to say something I was just going to say that this a public hearing on the site plan will not go forward on Tuesday unless the future land use and the zoning is approved and yes typically all three would travel together but the first two just traveled independently so you're still having this third hearing so if they were all together or if it's independent you would still be in the same dilemma I guess is what I'm saying because the first two wouldn't be approved anyway even if they were here today so it's contingent upon those
first two being approved we won't have we won't even have the resoning if the future land use U map Amendment isn't approved so the other two will not happen so there is some safe guards there okay okay thank you Bob thank you that's fine yep that's fine Jim you want to go on with other comments no I just I I mean I'm I'm I'm sticking to my position on this and that that I really think that it it would be
it would be make my life easier if if the the descriptions about what happened previously were in the staff report and I've been here for a while Dr Brown hasn't been I don't know if you were able to get what you needed to get out of the staff report other than what you were being asked to approve was something that was not legal under the under the comp plan
well I understand where you're coming from Jim completely and it's so unusual that we have to remember what happened a year ago however that's not a reason not to move this forward and I'm not saying you you can't just vote no but I I think we need to move this forward and I'd like to do it with aemotion and then if you vote no because there's so few of us then vote no but I'd like to let it
move forward so that the commission gets it with a recommendation from this LPA because if we do not vote on this then there won't be any recommendation and I think it's a it's it's inherent on us to always move stuff forward with a recommendation or not or not you can vote no but we if we never get a motion out of this we won't vote at all it won't go at all except with no recommendation no anything there won't
be a negative vote either as to you know as to whether they should build this type of a uh facility I don't think it's government's job to tell the private sector what to do I wouldn't care if they had 15 of them within a mile not my job my job is to if it's legal to go there then it should go there if he wants to spend money and he
goes out of business that's the way our society and our excuse me and our government works so that doesn't concern me just like when we spoke about the Wawa doesn't concern me if there was 12 gas stations within a mile as to the as to the flooding Jim knows much more about this than I'll ever know no however I have to trust that
staff knows more than I and if it and if they're recommending and they're saying that the that it is not a problem I don't think as an LPA member I can say no you're wrong so if the criteria criteria is met I think it's incumbent on us to vote on this and move it forward so I'm going to ask that we just get a motion and
then vote however you want so that we can vote with a recommendation okay uh I will move for staff's recommendation a second okay all in favor I I I okay but I would please staff when we have something that is like this just a paragraph to bring us up to speed on why we don't have a future land use and Zoning that complies with this request I mean I'm
not a giant fan of storage units first of all but I also think that this area does have a history of flooding and we need to do whatever we can to to protect it I think quite honestly because it's it's a big piece of wetland that building a residential development in there would be challenging this is probably better than some of the other commercial applications that might be allowed there
and I'm hoping that that it will be a a better neighbor but I really it it concerned me when I read this and then I started to remember some of the the stuff I thought it had been approved but right now it's not approved and so it is an unusual set of circumstances but I think it wouldn't be very difficult for the staff report to clue Us in as to why and I think that's a reasonable accommodation that staff should make if
this ever happens in the future yes sir uh yes sir thank you thank you very much do we have any go ahead I did look up the last LPA if you want I know we've already voted but if you want the information it went before the LPA on June 1st 2023 both the future land use and the uh resoning was a 22 so there was no recommendation going to the board on those that's what I remembered and I think it was it was concern ful that it wasn't it wasn't unanimous at all and
there was a substantial number of people in the audience and um you know I I think that we live local in a bunch of the other options this is better than better than what it might be that's true okay is there any other business to come before us tonight a couple things one is the next meeting so we have on the 20th of February we have several applications on that day so I would just request uh uh
if anyone's going to be out I'll be here thank you I will not be here thank you I will be here thank you okay is there anything else see none let's take a motion to adjourn shall we adjourn we are adjourned thank you