Thank you. Daddy. around Lake. You are happy. There you go. I can bring that Oh man. Yeah, it's a antique. I think the one that they put
up there. Yeah, they had to fix it. The original one was up there that was a Walmart clock, but then they changed it. Careful. Exactly. General. Oh, shoot.
Bye. Thank you. Phone's on. Mr. Barnes, Chase Barnes, would you step into the boardroom, please? Mr. Hernandez. Mr. Hernandez,
give me just a second, please. So, are you you're here for the um ATM? Okay. Uh I will probably call you up. Okay, that's fine. That's fine. I'm just
I'm just We're calling this meeting of the city of Palaka Planning Board to order. Um if you would please would you stand and um I'll do the invocation
and um Miss Edy Master excuse me Wilson will do the pledge of allegiance. you're able to stand, please. Let's pray. Heavenly Father, Lord, we thank you for this day. We thank you for the rain that you've given us lately, Father. Father, we ask for wisdom
tonight, this afternoon to uh do what we need to do and um work within the city's laws and everything needs to happen with that. Father, we thank you for everybody's here and I ask this in Jesus name. Amen. Amen.
I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you, M. Wilson.
I don't think you really don't really need to get on there. Where's your agenda? I don't know. Do we have a do you have There you go. Thank you. Um Okay. Um
Miss Hayes, would you call roll call, please? Here. Mr. Barnes, here. here. Mr. We have four. Yeah, we have four. That's what I'm asking. Thank you very much. No
worry. No worries. Um appeals and procedures exparte communication will be number read. Any person wishing to appeal any decision made by the planning board with respect to any matter considered at such meeting will need a record of the proceedings and for such
purpose may need to ensure that verbatim record of the proceedings is made. Which record includes the testimony and evidence upon the appeal is is to be based statutes 286.01
01 05 um approval of minutes. Mr. Chair, I move that we uh approve the minutes for May 6, 2025. I have a motion by Mr. Barnes and a second by Miss Wilson. All those in
favor, please say I. I. All those post, same sign. Okay. Thank you. Um we'll step into public comments. Um this is not necessarily towards um anything that's on our agenda. This is just
anything in general. Um if you are here to speak on a certain part of our agenda, you can do so at that time. Um so does anybody have anything they want to say other than that?
Seeing none, we'll move on. Okay, we'll step up to our regular business. the PB case PB25-10 variance bank of America ATM kiosk up there you are man you jump right up
with springs. Good afternoon chairman Kilibru and board members. Uh this is a request for a variance regarding the front yard setback for property zone T2 intensive commercial. Excuse me. I think you need to speak your name and your
Thank you. As for some background, Bank of America closed its black facility at 620 State Road around January 2035 to maintain service and a presence in the city. Bank of America is proposing
to install a drive up and kiosk in the parking lot area of Marisco. A reon application was submitted in fall 2024 to resone the property from general commercial C1 to intensive commercial C2.
The planned board of resing at board November 12th, 2024 meeting and city commission at their January 23rd, 2025 location two
plan. The ATM would be located on the north side of the site where the new concrete island constructed approximately 3.7 ft from the property. Elevations of a dry web kiosk.
Section 94-71 of the city of black and municipal code states guarantees shall be considered for development standards only unless otherwise authorized in this chapter and other chapters of the municipal code. The following criteria shall be utilized and evaluating and
requested varants. Criteria one, special conditions and circumstances of such size, shape, topography or other unique features that are to the land, structural or building and which are not applicable to other land structure or
building in the same or the site is a corner run and has two street frontages and therefore has to meet two front step back requirements. as opposed to one for non. There are not special condition if there
are not criteria between two such conditions and circumstances were not the result of the affirmative action of the applicant and the applicant has acted in good faith. the staff response. The proposed location for the ATM kiosk
is far separated from the restaurant building and would have the least impact on vehicular traffic for the restaurants. ATM users will not impact the restaurant traffic circulation. Locating the ATM
anywhere parking would cause conflict with vehicular circulation within the parking lot if the parking area is not redesigned or making a pigment. However, there is sufficient space on the subject parcel for the proposed GIS to meet the
required set criteria. Three, granting other request or not any special privilege to other land and the same initiative.
Sar any applicant may apply for variance to setbacks and other requirements in the zoning district and approval is considered on a case by basis. Criteria four, literal interpretation, enforcement of the applicable standards
would deprive the applicant of rights commonly enjoyed by other properties and sustained victory under the terms of admissible code and would work unnecessarily and undue hardship on the draft response to requesting variance is
a self-induced hardship as there is sufficient land to meet the required setback. Criteria five, no bance may be granted for a use of land or building that is not permitted. Fair
January 2025, the property was approved by the city commission to be reszoned from general commercial C1 to intensive commercial C2 which permits drive up ATM kiosk. Criteria six, the variance shall be the
minimum variance necessary to alleviate the hardship. The staff response, the requested variance of the self-induced hardship as there is sufficient land area to meet. And lastly, criteria seven, the variance
will not cause substantial detriment to the public health, welfare, and safety of the surrounding properties and community response location for the ATM would not regiment into the public health welfare
safety of the surrounding properties. Finding the fact that for your consideration, the applicant is requesting a variance to place an ATM kiosk ft inside of the 25T front setback and the proposed location provides
visibility for St. John's Avenue and Florida State 19. Mr. Thank you. So my first question is right off the bat.
Oh yeah. Well, he hadn't started talking yet, but Thank you. um the where you're proposing to put that and it's right there on that corner. Will is it going to cause any kind of um
blocking of the of the traffic visibility turning right there. The the ATM itself is still 15 ft plus a little bit more than 15 ft from the rideway line itself. Um it's plus adding
the buffer and you're at 20 some odd feet. You're not going to be creating any issues with the visibility triangle at the intersection. Okay. I have a question. Uh just for transparency, I have uh communicated with the property owner for this, not
the applicant, but the property owner um in asking some questions. So, I I noticed in staff's report several times they identified that we're kind of creating a shelf induced hardship. Um, and if you know me or my voting history, I I don't like standing in the way of
progress. But why are we so determined to create a self-induced partnership versus work with the space that we have? Well, in order to meet the traffic and and I I worked on this particular plan myself for for quite a few weeks trying to come up with different arrangements
of the property and so on um in order to comply with the code as well as meet the needs of the existing property and existing use. And what we kept running into on a consistent basis was that we would end up having to pretty much
redesign the entire parking lot in order to be able to place the ATM up position that would allow for a safe pattern for all the entire property. If you if you bring that that further south um that
additional 97 yards of um you end up taking up additional parking spaces and then the flow pattern that is left you end up having to remove an additional two. So you end up removing somewhere near 10 parking spaces from that entire
parking lot just to allow proper pattern throughout the parking lot without impacting you know the state the area and you still have ATM drivers possibly other places.
So the intent was to alleviate that concern and allow the existing business while going into the future. Okay. So the the current construction the ATM unit itself is in the middle of
the parking lot. Correct. With with a driveway between the actual unit and the buffer or the the grassy area before the sidewalk. Correct. Creating a new lane. Correct. Creating lane
between that small. But it's not going to be in the middle. The middle. Sorry. Not the mix. Between the two distinct lanes of traffic, you have the lanes for the restaurant and then you have the lane
itself. So I I mean again in full disclosure, I walked around with the property owner uh and he for the record didn't mind me sharing. He's not necessarily happy with the current layout. uh and he identified
two spots that he thought would be better uh for flow of traffic and and things. How did we come to this configuration versus more so at the corner like I don't know if you're familiar but in front of we have a a Vicear ATM um you
know where you you loop in and and you it's not protruding out in the parking lot. You just kind of come up to it on the driver's side and then loop out. How how did we come to this being the best resolution versus some of those other because there's two other areas where we
would need the variances um to put the machine without creating this. So again, I'm not trying to I'm just we we should have the discussion really think ideas. Yeah. Um to go the the overall design process, right? We're
looking at this the intersection. The the first looking time we looked at it was actually on the eastern property line just to the right, I guess, of of where we ended up placing it. along that eastern property line. Right now, there is a double-sided row of traffic that's
at the northern end of that parking lot. And then there's a a second parking spaces just at the top of it. That second row of parking spaces is basically set up to be almost a oneway into that lane that would be placing the ATM. So when we would install that ATM,
we would end up having to tear out pretty much every park case in that entire corner in order to realign the drive laneway traffic and be able to continue to actually create a loop on that property without
having impact problem. Right now it has one section that's one way area that you know it works but it's kind of it's going to be improved area and it's going to be a safe condition if
we were to including the setback. Um when we started looking at some of the other areas we just determined that we reduce the
functionality meaning parking at times. You know how many seats the restaurant is approved for and how many parking spaces there are in the lot. I do. I do not at this time [Music] during peak periods where every spot was
taken as it looked like it was some Any other questions? I I I guess I don't necessarily disagree, but I'm not the engineer, so I'm not trying to argue. Yeah. Anybody else got any other questions?
Come up here. Kevin, hang on just a minute. I was asking if they had any questions up front. Mr. H, you could you come up to speak in just a minute, but just Anybody got any questions? Hernandez. Okay. All right. Thank you, Mr.
Hernandez. Kevin, hang on just a minute. Okay. Is there anybody in the audience that would like to speak against? Okay. Well, come forward. State your name and address, please. I live at 174 Kelly School Road. And my
question is if we've got ever how many banks we got a bunch on that same road they all have drive up ATMs like you said we have the ATM at NEOS.
Have we done a study to verify we needed them? I can kind of answer that question from right here. This This is the old Bank of America ATM. Yeah. That they're the Bank of America has asked permission to move it back down on that corner.
$4. I know Publix didn't charge it. Yeah. Well, they don't I meant the ATM. I meant Bank of America. That's their bank now. So, that's the reason that they're they're trying to put it there. That road has a red nearly every single
day in front of Walgreens. And so, I feel like if you're impeding traffic anymore whatsoever, you're going to create even worse. Well, the ATM is going to be off in the parking lot, not on the highway. Well, they'll be okay.
If we have that many customers anymore has not been here in years. Well, okay. Thank you. Is there any other anybody else would like to speak to the issue?
Hang on just women are seeing none. I'll take that back from the public speaking to the board. Mr. Wallace, the paperwork keeps saying front yard. Front yard. Front yard. I'm assuming front yard St. John's. Well, I think
that's what they're Mr. Hand. Can you step back up here just a minute, please? You did, but understood. Okay. He did. Brian had mentioned that basically Just so each road is being considered a
front. So you're 25 ft from both roads along that entire kept saying the front yard. You said we got two front yards front yard. Okay. That all you had, Mr. Wallace,
Mr. Wallace? Is that all you had? Is that all you had? Okay. Listen, don't shoot the messenger. I'm just up here in the middle. Okay. All right. Thank you, Mr. Hernandez. Thank you. F any further discussion?
Chair will entertain a motion. Mr. Sure, if I may, again, I'm not usually ever the one to stand in the way of progress, but I I see ample space to me in the northeast corner to to do this without having a setback.
Um, so I I'm not opposed to Bank of America. I had an account with them. I would love for them to have and I'm on the record voting to let them have this ATM. Um, but staff made several mentions that we've created an undue hardship and
I'm not compelled otherwise. Um, so for that reason, I'm going to make a motion that we deny this request for these. Okay, we have a motion. Do we have a second? lack of second. We still have to do
something, don't we? Another motion. Yes, sir. I move that we grant the variance. Okay. Motion to grant the variance. Is there Okay. Motion to grant the variance. Is there a
second? I'll second. Motion by Mr. Wall, second by Miss Wilson. All those in favor say I. I. I. All those opposed. I. Board's talking right now. Thank you.
I don't understand that, but thank you. Can we get a roll call? Excuse me. Roll call vote, please. Okay, Mr. Dolan. My first meeting. I'm going to abstain on this topic. You're not able to abstain unless you have direct conflict
of interest. You must vote. Is there further discussion or is this vote? We're at a vote now. Well, you you have motion and a second. You can open it up for discussion. Okay. Go ahead, M. Open it back up for discussion.
Um, I think it might behoove Bank of America to find out from the restaurant or planning might be able to find out how many seats and how many parking spaces it affects because if it doesn't appear to affect too many parking spaces, I don't see a reason to deny it. But again, this is months in the making
and this is my first meeting so I didn't want to vote one way or the other. Sure. Would it help if I read the the legal standard for the issuance of a variant? Maybe to the extent that it helps at all. Um,
in order for a various to be granted, the applicant must demonstrate that they will suffer under new due to the zoning regard. The ownership must be unique to the property and not generally that's
okay. And in that in that case the where where we go to that um I mean we keep going back to the variance is a self-induced hardship that's on there several times. So chair if I may what what is the hardship
that they're claiming. Right. Right. Thank you. Um the the hardship is that the reality is for that location. Okay.
At whose cost is that? The owner of the property. That's what's going to end up being determined. The bank is basically going to have that discussion with the owner of the property. The owner of the property from something to that effect. The bank might decide to pull off from
that property together. It's really going to be a discussion. Um, is there any money to put that back up? just kind of point out [Music] this
property is all one way. So, as you're coming down the road and making this turn, it doesn't wind up enough for you to have a 10-way traffic until you get to that island. So by the time you get to that area, you end up having to climb all these spaces
over the back area and you end up disturbing this area, this area, and this entire area in order to get close to that two-way traffic so that you can actually continue that full
loop. And that's the concern. It just it creates an unsafe condition unless you go all the way [Music] My my question is why is turning off the 19 onto St. John's Avenue, you you got a
light, so you got, you know, safer flow and then pulling in off of St. John's Avenue. Uh coming forward up to the corner, the northeast corner where there's already a a grassy embankment there. That's not the correct term, but
it's you just kind of pull up to that corner uh where that bulges out. you're outside of your set box. Um, you just drop the air and move on. Why are we coming in off of State Road 19 and
coming in this this long long way? That was Well, first first thing that we that we look at is it's not just where the ATM sits and that somebody can get to it. We try and look at okay, what's the worst case scenario? Let's say let's say something happens and there's 10 people
at the ATM. We don't want them to back in the highways. We don't want them to block pattern for traffic. We don't want them to be partially in the driveway. So, we we always kind of try and create a a scenario where invisible so that people know where it's at. they're not driving and all of a sudden you see
distracted time to to figure out where it is that they can enter safely that they have kind of a the time to to progress to a position where they're able to use ATMs people get behind them they're not
they're not impeding you they're impeding traffic they're not blocking the traffic flow so so that that kind of thought process just goes through the entire you know overall development of that plane and is anytime you add something to an industrial
facility, you know, that's that's really what it goes to. You're trying not to reduce the level of safety below where it is in condition because that that really becomes ill and the fact that they have that oneway
traffic section in that area. It's going to create and we we try and follow the best we can. trying to be, you know, trying to just make traffic pattern
[Music] a little better. Thank you, Mr. If I may, just to respond to the question, Mr. stolen uh I don't know the exact number of seats that our restaurant has
is more than what is needed. So uh and just to go back to the self-induced hardship it is a very important criteria to grant the variance in any jurisdiction uh and and I understand they can reconfigure the the
that will create some economic impacts. However, economic consideration is not a criteria for as a hardship. So, I just we emphasized in staff report a couple times about the self because it
is a very important consideration when you go to grant the variance. Basically what you do is you you vary the requirements of the code and it's a very high standard to meet.
So so I just wanted to give you that consideration. Okay. Well, and and I get that consideration, but one thing that I don't see anything on here that you norm that y'all normally do is your recommendation of what the varian we don't recommend make recommendation
staff on various we don't make a recommendation varian we provide you the analysis of each criteria and then it's up for this board in this case to either to grant the variance or not. Our responsibility is to provide you a
technical review and analysis of each criteria and tell you whether it meets the criteria or not. Okay. Well, yeah. Say we got a motion on the floor. No. Did that answer your questions?
Okay. I don't know who this is a question to, but the property owner, did they just find out at the last minute that this is the plan that they're using that now they've got them in? It's been out there
for a month, has it? Longer than that. I think it's been longer than that. Okay. So, whoever whoever can answer that, probably you. Um, thank you. um we we provided that to
the bank to coordinate with the land builder very early on in the project. So he would have he would have seen several. All right. Thank you. We have a motion and a second and we were in the middle
of a roll call vote. Sorry. No. But I understand a little bit better. Vote your conscience. So Jay, even though I second there's a merely seconding motion does
not mean that you increase the second. Okay. Uh no. Uh no. It should fail. Okay. Yeah. S make another motion
one. All right. Agenda. Next agenda item is case PB25-03 or 08, excuse me. annex the amend future land use map and reszone.
Um the address is kind of confused by that but 16-10-26-0000-24-000013 Kelly Smith School Road. Thank you, chair, and hello everybody. There is no 911 address for the property
at this time. Um, this is a request to annex the parcel measuring about 5.5 acres into the city of Palaca for the purpose of connecting to the city's water system. The request includes amending the future land use map from
Kuthnham County public buildings, grounds and other public facilities PF and urban reserve UR to the city of Palaca public grounds, other public facilities PS and reszone from Pepin
County Agricultural AG to city of Palaca public buildings and grounds PBG-1. The parcel is located on Kelly Smith Road. The property is currently vacant. It is adjacent to Kelly Smith Elementary
School within the boundaries of the city. The proposed annexation meets Florida statute 171 which governs annexation in the state. The annexation meets the contiguity requirement as it borders city limits to the north and
there is water capacity to serve this property. The parcel is within a mix of public buildings, agricultural and recreational areas. The subject property currently has Huntton County buildings, grounds, and other public facilities and urban
reserve land use. It will be designated public grounds, other public facilities in future land use map of the city. The proposed amendment to the future land use map is consistent with the comprehensive plan criteria for land use
designation shape as indicated in the staff analysis report. The reasoning also meets all the standards required in the code chapter 94. The analysis of the annexation future land use comprehensive plan
amendment and the resoning is in the staff report which is included in your packet. Um staff recommends the following. The request to annex the approximately 5.5 acre property into the city of Palaca be
approved to amend the future land use map from Punda County public buildings grounds other public facilities EF and urban reserve URLA public buildings grounds other public
facilities EF approved and lastly to reszone the parcel from County Agricultural AG to city of Palaca public buildings and grounds PBG-1 be approved.
The applicant is here if you have any questions for Okay. Thank you. You're welcome. Mr. Holmes, this is a quasi judicial hearing. All testimony is going to be need to be under oath. supposed to be swear and all
witness on testifying. That me. Okay. So, um Don Holmes, 22 North Thr Street, and I'm here on behalf of the county
school district county school board. Um I am their board counsel. So, you've heard the presentation by staff and u basically at first glance and maybe at
second and third glance uh it appears to be a relatively straightforward request. It's not a request for HUD where we talk about site plans and design. It's not a referendum on whether or not a bond issue could have taken place or
could have been approved. It's not a referendum on whe whether or not the school district should have adopted a plan that they've adopted to combine schools and build schools. It's not it's not it's not a referendum only
people are happy with the idea that increase population of students. What it is is um a annexation comp plan and request
and you know there are different levels of scrutiny depending upon what comes before you got all kinds of factor design maybe even sometimes appearance. This this is not
This is something that's relatively I guess I have to be careful saying this, but it's a relatively legal decision about whether or not a land use designation is appropriate and an annexation is appropriate and there's a statute to go. So with regard to
annexation really the criteria are pretty they're pretty finite only three. Is it continuous? It is. That's not really not really subject to debate. It's continuous to city property. Is it a compact size? 5.5
acres. Now the next one and I'll be here for is a 9.9 acre but it's adjacent to this. So it's a 5.5 acre size. And then an additional consideration is often is there water and stew available on site?
There is available to the site. So from the standpoint of annexation, we're asking that this property be promoted to the city and the primary reason is so we can comply with your ordinance with regard to connection of sewer. I think you do spend water outside the
boundaries on occasion for a non-residential or non u city rate but you haven't normally in the past at least to my knowledge extended water I mean sewer outside the boundaries of the city the primary reason we're asking is
to water and sewer stop the next issue is land use and you know what I what I mean by that and most of you have dealt with that issue quite a bit you have a comprehensive plan. The city does uh one element of it is the
future land use element which which theoretically plan how you want your your your area to develop. Um and then your zoning is supposed to comply with or match that land that land use plan.
This property is right now in the county but it's in the public building and ground land use designation. Other words, in the county's plan, this is plan four, public buildings and grounds. U we're asking that it be brought into the city at that same with that same
designation, public buildings and grounds. You have a different a little bit different nomenclature, but it's the same thing. It's for public buildings. Now, I believe your public buildings and your attorney will correct if I'm wrong, but I believe your public buildings and ground this category does not allow some things that some of
the more intense public buildings and ground allows, but schools is one that it does allow. Um, and then finally, we're asking for the zoning u that would match the comp plan to allow the the the uh
the school use, and that's what this is for. Uh, the school board administration has determined to to basically rebuild Kelly Smith um Kelly Smith school and the This 5.5 acres as
well as the 9.9 acres would be used as part of that rebuilding process. The 9.9 acres I think will actually house the part of the structure of the school. The 55 may be more for traffic parking lot
and so forth, but I don't know that for a fact because I don't believe the final designs have been totally figured it out. So, um I understand that there's always emotion to hear me talk about owning cases some more than others. Been doing
this a long time and and I and I understand that land is something that's dear to everybody's heart. Use of land is something that's dear to everybody's heart. Um and the motions run high on things like this even more than they do
in in a lot of cases that involve other topics that you might think are as important. But in spite of that, what we ask you to do is apply law. What we'd ask, which we're going to ask the city commission to do as well, apply law.
Most there there are avenues and there are venues where people can talk to elected representatives about some of the things I mentioned. Plan to uh the bond issue, although it was passed by the people. uh the school accommodation
plan. Uh those kinds of things were decided by the admin school administration and the school board. By the way, I'm not a voting member of of either the school administration or school board, but those avenues exist for people to voice their concerns about these specific plans of of combining
schools, rebuilding schools, all of those sorts of things. But here, all we're here to talk about, and I say all we're here to talk about, I don't mean to minimize this because it's not a minimal issue, but what we're here to talk about is whether or not this request for for annexation, land use,
and reasoning complies with your applicable law. And if it does, then we're asking you to vote accordingly. And your staff has indicated that it does. That is confident, substantial evidence for your staff report is. And some of those some of those issues are
not even debatable such as ambiguity right to existing sites. So, um, no, uh, well, not to minimize any any aspect of this because I understand, like I said, it's important, uh, to people that are live in the area,
probably more than some that don't, but the law is what we ask every one of our citizens to abide by, every one of our elected officials to abide by, reports to abide by, right on down to judges and juries. What I'm asking you to to do is
basically comply with the applicable law and approve the annexation the comp plan change bringing it in as a comp plan. It's actually not really a change but it's what it's comp plan for right now and then the result. I can answer any questions.
Any anybody on the board have questions? Okay. Thank you, Mr. Holmes. Yes, sir. Anybody in the Hang on, hang on. Y'all have all asked to to speak. So, let me go by. I've got to do this a certain way. So, please
understand that you made the statement a while ago that you're my employee. We are I want to I want y'all to understand we are a strictly voluntary board. Nobody pays us a dime to do anything. So, I that Sir
Okay. Thank you, Miss W. Not going to have that from you neither. Miss Robins, you be the first person to speak, please. Excuse me, Miss Robin. Will y'all keep it down in the back, please? Thank you.
Go ahead. Which one is that that you want? Excuse me. Let me stop you just a minute. I'll restart. I'll restart your time. But you have three minutes to speak. Okay. All right. Would you restart her time, please? Go ahead.
This house right here, my husband and I. 30 something years ago. We purchased the property and we knew that there was a discrepancy in the property bank by the name of Miss Donley owned all the
property and Mr. Wallace came out and did a survey. Well, Miss Donley survey started where the original corner stones were. Mr. Wallace's survey took it 13 to
17 over the recent survey that's at the engineers now is also taken at 13 to 17. So what this is going to do to my husband and our neighborhood this area
13 to 17t here is nothing compared to the plan that Put school board has bought which is all it is because that I left a few years ago. They weren't even born to vill that school
and all the kids were to go to school. Well, some reason they have to take the school and they have to build. So if they do that, this 13
make any difference to the Fton County School Board is going to require neighborhood because it's going to stretch every month's property to the east by 137. And with that being said, our neighbors
is going to put their septic tank on their other neighbor and it's going to put us about 13. We have maintain and clean this property for 30 something years. We cut it, we
cleaned it, we've done everything to it. No property owners have ever questioned this boundary that we've been using because we were going by what we thought was the original property. Mr. Kelly, who sold the property to the
school board, thought that his property went all the way to the fire. And with that being said, that's going to take it a little bit farther over to the kids. And talking with Thomas Bley, he told me that at this time the plans was to put a
playground there. That 13 to 17 ft is not going to make a difference to those kids on the playground, but it's going to require And another thing I'm I can't tell Miss Hayes. Okay. Go ahead.
Okay. Thank you, Miss Robin. Um I have a question for you. No, ma'am. for Miss West. I forgot that um you said something about the the having to be sworn in. All witnesses do need to be
sworn in. Okay. Sorry, I missed it with that one. So, M Perkins, can I just a little bit of advice? Do you have a lot of speaker cards there? Yes, ma'am. If you could just everyone who speak Miss Perkins, are you going to speak?
If you are just if you would stand and just raise your right hand and take the the swearing in. Okay. Thank you. And next is uh Lewis Rodriguez. So just like this gentleman said here that it's a minimum. He's trying to
minimize, but really this is a maximum impact. The lady said it's going to impact a lot of people in the area and this looks like a pop like a land grab is what it's looking like to me. It's very clear, very evident. Not only that, but it's
going encroachment into people's property. So, it's causing hardship. Now, this has been going on. This this gentleman here is the first time to this meeting. Apparently, these meetings have been going on for very long. Not Not
concerning this, Mr. Rodriguez. That's not concerning the school. Not concerning. This is our first This is our first meeting. Yes. Okay. So, I apologize about that. But, you know, um as far as encroachment, you know, you're
pushing people's properties lines back and then eventually what's going to happen is is that the city's going to continue to grow. It's not going to stop. Not only that, but if an imminent domain ends up happening, then all those people that want to leave properties to
their family members who have wills or have trust, the city and the state can take those properties from them and those families can be left without nothing. Now, um I had asked I seen this gentleman uh in the planning
development. I had asked for a copy of um utilities right of ways because utilities right of ways is another excuse that is being used to be able to take over people's property not just city or or state but also utilities
plays a big role and from what I am seeing is very ev evident that you know once you guys establish jurisdiction and putting the school into city limits everybody's going to be forced into getting city water and probably use your sewage system as
well. But if we have Sir, let me let me I I want to say something address that right there. Um there are spots inside our city now. Um I'm just going to go be be priv you with me privately. My mother is in a situation where I'm 63 years
old. She's lived in the house I'm in for 6 or she's in now for 63 years and it is still in the county with the city all the way around it. You have to be at you have to ask to be brought into the city. Okay. Now, if if a if a utility if the
city says that they need this right a certain right of way to to help their utility zone, doesn't that automatically put the homeowner into city limits? No. Utilities right of ways. No, you don't you don't automatically again you
don't automatically come into the city. You have to request to become to be part of the city. Um, also, um, it's going to bring a lot of, um, traffic and like this lady was talking about, you know, they're
planning on taking agricultural land as well. So, have you guys done a survey on how many turtles or, you know, protected wildlife in the area has been? I I can't answer that question because all we're being asked to do is bring it in. Excuse
me. Okay. Well, I'm just say I'm again, you can speak if you want to. Right now, all we're being asked to do is bring this bring the property into the city limits. We're not responsible for anything else that I mean, that would be the, as I
understand it, the St. John's River Water, right? And but that would be the water I mean the um school district's responsibility to do all that, not us. Am I correct? Yes. DP would uh get involved if there were endangered species. St. John's River Water
Management District would get involved if there were storm water issues that Right. So again, all we're addressing today is is to bring bring this into the city. Okay. That's all we're addressing. Is is um has has any of those have
requests been I sir I don't again we are do doing the the we are doing what we're we're due diligence to do bring this into the city. That would be something you'd have to address the school district with. their property.
If you would give that to the the um city clerk there and your time is up, Mr. Rodriguez. Thank you, Denny Brown. [Music] I think there are a lot of people's been
deceived here. You got a crippy county. I know. If you could please state your name. Kenny Brown, but 174 school ready. I'm a resident. That's fine. I'm not. Okay.
But let's get back to business. We're talking about future development. Understand about the school. At some point in time, we're tearing the school down. Yet there's nothing really wrong with it. So now we're going to raise people's taxes. You're saying you don't have room. You could the same property that you're proposing to do right there,
you can add on to that and improve that property. So, I know a damn thing wrong with that school to start with. But what I do know is you go back over on the other five acres I think Mr. Kelly had or whatever for future land, but this affects me. I'm dead in front of that
school in the bus loop right there and all the way down that corner right there. So you put your utilities, whatever there somewhere down the line, I know beyond the shadow of a doubt there going to be some type of HUD housing project there or be just a small uh overrun of housing
in there and that area it will not support that with what is already in place. You go to Silver Lake, you go to 19 and use an aerial topographical view and look at your future plan, somebody's going to have to move to some time and
it will come in the domain and I was a witness to the domain. I've seen a man lose several hundred acres for runway 27 and 09 blacker right there because
he's old. But the pump walker told the city attorney right there to man deal with him took it by the domain. The bad part is altered timber wound up taking even a man's timber is a bigger R. So I mean I know how politics works. Okay. So
I'm just getting everybody rest. You know I'm against this. Okay. It's too small. The county already owns the land. the county owns the schools and the city should not have a damn thing to do with my county tax dollars when it come to
schools. Thank you, Kevin. Random school. I haven't been out there for very long, but I will say that the way it's done right now works and works for everybody. Or let me say it works for Tison School Road. I don't know that it
works for the ne the neighborhood across the street from them on the other side. I don't understand why the school looks perfectly fine. I got grandkids going through it one just why you need to say one moment that it's
being taken down and the next minute after they got some property and by the way okay but you made it sound like that we knew this Brandon Miss Brand address the board please you're not that being said we weren't notified until the green suns
went up and that's why we spoke up last month on June, but the school is a perfectly work good working. It really is. So, I don't believe that they're adding these properties onto this school
with the intention of keeping us school alive. They're very much has been said. It would have been done already had they had room enough to put them in that new school right now, but they don't. So they're going to have some come back out
to this one. We all get along with the school. Nobody's opposed to the school and the education, but we are opposed to our lives being upset over the fact that we have no say so and it's going to encourage us. We truly live right across
the street from the bus. Okay. Thank you, Miss Bren. Is there anybody anybody else that would like to speak to this? Yes, sir. If you'd come forward, state your name and address, please.
Just a question that everybody needs to keep in mind is the timber. We done lost all the wood just about the dirt coming from lost just about what 80% of our wood in
our general area that's not a lot of wood but you take that little bit of wood out. We just when they get the detention pond there for them to do and all my mom and just about everybody around the lost we all
every one of us had heavy in that land over there which is system and everything else the people on that side are going to lose the whales
and we're We all we don't have income like that. We have some of the rarest you want to see. My nieces I went to school there since I was my nieces got a little hog that was sitting at the gate when they
went to school rabbies and you know opened it up. So there a lot of that we don't have county anyhow. Okay. Thank you. Anybody else that would like to speak to this subject? No, sir.
Sir, Mr. Brandom, that's that's the rules, Mr. Mr. Rodriguez, that's the rules. I mean, that's that's that's that's just the way it is. Okay. And again, um I'm going to address this
one more time, then I'm not going to I'm not going to address the the crowd again. But we are here to decide whether or not to bring this parcel into the city. That's what we're here for. It's not nothing else. I mean, I I can't I
can't do anything about the gophers. I got 50 of them on my property, okay? But there's nothing I can do about that. That's y'all will have to get with the school board, the trees and all that. That's not what we're here to address. It's strictly just whether we're going to bring it in bring this into the city.
Okay. But the city's not getting it. Okay. It's a school board. So, I'm going to bring this back to me and the board. Um, anybody you got any any questions or Yes, sir. Yes, Miss Wilson.
I do want to address the maybe the issue of that whole surveys and then this goes back to Mr. Wallace. Oh, wait. You You got the knowledge. You got the knowledge. Um,
so I mean, where is the line? I mean, is it going to come over into everybody else's properties? That's why I just didn't understand what she was saying. Sir, please sit down because he is the
he's the respondent. He's the one that's taking care of this. That's the reason he's speaking again. It's it's his project. Okay. If a line encroaches on somebody else's property, it does not. We're not changing the line with anything that's before you. This is a
annexation, land use, and zoning matter. I don't know about the issue of the of the boundary line dispute. Um, if there is an issue there, it'll have to be resolved. Um, but that's not what we're here about today. And I truly don't know
anything about I'm not saying it doesn't I'm not saying she's not she's not accurate in saying that there's an issue. I'm just saying I don't know anything about the issue because it's not relevant to our discussion today. But it'll have to be resolved
question but it's just a different question. How can you be surprised to victory [Music] clock they bought? Lot one block is and it may be an issue about where
is the same with us. owns. So where that boundary is 17ffects but but I you know what's not now I know about this I would go back to this lines
with some good ways to work out over the last 35 years. He said, I have no idea what you just
send it to the engineers last author. It's 507. 507. clarify city there is between the owner of the property
neighbor. Okay. Thank you, M. West. That answer your question, M. Yes. Yes. Okay. Any other questions, comments from the board? probably good. Good. Sorry, Mr. P. Can I make a statement? Yes, sir. Um, and
please, Miss West or Mr. Geimo, correct me if I misspe, but you know, I I personally may not be in favor of what's going on with the school systems, but that we this board has no control
over those decisions. Um, we can't speak positively or negatively. Uh we have at this board one request to annex into the city uh for use of using the city's water and sewer. Uh and there's 17
elements in the staff report which everybody is welcome to a copy of that are basically yes or no questions. Is it applicable or is it not? Uh does it conform or does it not? uh for us to make a decision outside the scope of
these 17 elements open us up to legal liability is my understanding. Um so we have a request to annex according to the rules to annex and amend future land use. It checks all the boxes. That's
really the only information that this board is allowed to vote upon. Um I I like Kelly Smith School. I went there. I don't want to see it torn down and I'm sure it would affect all the neighbors, but that's not something that's privy to this conversation. It's
it's limited strictly to these 17 elements. Does it legally make sense or not? Please correct me if I'm wrong. That is correct. Florida statute 171 provides the the criteria necessary for an annexation and this applicant does not meet that criteria.
Thank you, Mr. I just want everyone to understand where this board is coming from. Any further questions, statements? Hey, I'll entertain a motion. Mr. Chair, I move that this board
approve the request to annex uh the subject parcel into the city of Pala. Motion by Mr. Barnes. Second. I hear a second. I'll second. Second. There any discussion?
Have any questions or discussion among? Okay. I think that we'll do this by roll call two, please. Miss Wilson. Yes. Mr. Wallace. Yes.
Mr. Barnes. Yes. Mr. Yes, Mr. Dan. Yay. Okay, we have a unanimous decision. Motion passes. It's three party. Yeah, I was going to go to that. Yeah, Mr. I move that this board approve the request to amend the
future land use map from Clinton County public buildings grounds other public facilities PF and urban reserve UR to city of Palaco public buildings grounds other public facilities PF
motion by Mr. Barnes we have a second motion second by Mr. Wallace. Any discussion? All those do this by roll call two, please. Miss H.
Mr. Kilg. Yes. Mr. Barnes. Here. Yes. Mr. Wallace. Yes. Miss Wilson. Yes. Yes. Okay. Have a unanimous decision. Motion passes. I have a motion for the
third part of this thing. What do I divided here? Mr. Chair, I move that this board approve the request to reszone the subject parcel from Pton County Agricultural AG to City of Pali Buildings and Grounds PBG1.
We have a motion by Mr. Barnes. Do I have a second? Second by Mr. Wallace. There any discussion? Roll call this one too. Miss H. Mr. Dolan. Yay. Miss Wilson. Yes. Mr.
Wallace. Yes. Mr. Barnes. Yes. Mr. Yes. Motion passes. Okay. So, we'll move on to Oh, case PB25-09221 [Music] Round Lake Road.
Um, request to annex approximately 9.99 acres into the city of Palaka and amend the future land use map and reszone. Take it away. This is a request. Your name again?
planning department city of Thank you. You're welcome to parsley measuring approximately 9.9 city water includes a future land use from county
public buildings grounds other public city of public buildings grounds and other public facilities and resone county incorporated agricultural state to city of public buildings and grounds
PBG1. The parcel is located at 261 Lake Road. The property is currently used as a single family resident which is adjacent to Kelly Smith Elementary within the boundaries of the city. The proposed annexation meets Florida
statute 171 which covers annexation in the state. The annexation means the continuity requirement as it borders city limits to the north and there has to be service property parcel within a mix of public buildings agricultural and
residential area. The subject property currently has county buildings grounds other public facilities land use classification. It will be designated public buildings, routes, other public facilities in a future land use map of the city. Amendment to the land use map
has been consistent with the comprehensive plan criteria for landings designation as indicated in the staff analysis report. The reasoning also meets the standard required in the code chapter 94. The analysis of the app annexation is
included in your package. Staff President request to annex the approximately 9.99 acre property in city be approved to amend the future land use map from P County public buildings grounds and other public facilities
through the city of public buildings grounds and other public facilities be approved. And lastly to resone the parcel from Pman County that incorporated agricultural estate to city of Pala public buildings and grounds PG1.
Thank you. Mr. Holmes, do you want to speak to this? Mr. clear what I would say if the board has question. Okay. Anybody on the board have any question, Mr. Holmes? Okay. Thank you, Mr. Holmes.
Do u anybody I mean you want me to go back through the yellow forms and do that again or do you have anything else that anybody else in the audience has anything wants? Yes, Miss West, do you have something? No, I was just wondering if they wanted me to go back through.
Does anybody want to speak on this particular Okay, seeing none, I'll bring it back to the board. What's the pleasure board? Mr. Chair, if I may, I move that this board approve the request to annex the subject parcel into the city of P.
Okay. I have a motion to have a second. Second, Mr. Bill second. Any further discussion on the board? All those in favor? Let's do this by roll call second, please.
Mr. Yes. Mr. Barnes. Yes. Mr. Lis, yes. Miss Wilson, yes. Mr. Dent, yes. Unanimous. Motion passes. If you would please, if I can have a
motion on the uh second part of this, please. Mr. If I may, I move that this board approve the request to amend the future land use map for the subject property from public urban reserves to signal public buildings grounds other
public facilities. PS you miss second. Am I pronouncing your name wrong? Right. Do sorry. Um, we have a motion. Second. Any
further discussion? All those in favor? Well, let's roll call this one, too. Mr. Dolan, yes. Miss Wilson, yes. Mr. Hollis, yes. Mr. Barnes, yes. Mr. Yes.
Okay, we have a unanimous decision on that motion passes. Going to have a motion on the second third part of this. Mr. Chair, if I may, I move that this board approve the request to reszone the subject parcel from Putnham County uninccorporated
agricultural estates AEL to public and PBG-1. Have a motion. Do I have a second? Second, Mr. made the motion. Mr. D second
Mr. Yes. Mr. Yes. Yes. Mson. Yes. Mr. Yes. We have a unanimous decision. Motion passes. Thank you very much. Move on to the next
PB25-07 cell tower 124 South 19 or South State Road 19. Request for conditional use. Take it away, sir. Correct. I'm I'm here online. Can
everyone hear me? Yeah. Yeah, we can hear Thank you very much. Um, so, uh, good evening. Hang on just a minute now. Is seeking a conditional use approval for a communication towers. uh the zone
is C2 and it requires a condition to be used for team engineering is the agent represent to power to get all the approvals to this communication power
is located at 1024 South State Road 19A the parcel is owned by the Walmart real estate business trust and the applicant has secured a lease for 2500 ft of land for the price of 5550.
The intended request is to address the coverage and capacity gaps in the area. It is anticipated the tower will be cell phone communication services for the current as you all know houses
asking also for access and And the right away like I mentioned before the communication we needed the commercial history that review all the conditions
and criteria that applies to use. Uh we found that it meets the criteria by establishing the code and it's recommended the I just as Yes.
Well, he was big and pretty a minute ago. I'm sorry. I'm sorry. You're not pretty. Not that you're not pretty now. Okay. So, All right. Uh, I apologize. Can everyone hear me? Yes, sir. Okay. So, uh, thank you very much. Uh, my name is Shazad
Mimmude. Uh, I work with Kimley Horn. Um, Kimley Horn is the engineer of record uh, who is hired by SBA communications. If you would, sir, if you would just state your if, if you would do me a favor and state your name and address one more time, please. Sure.
My name is uh Shazad Mimmude and I work with Kimley Horn and our address is let me get that for you is 1 1920 WA West Palm Beach, Florida 33411.
Thank you sir. No problem. Um so yes uh thank you all for the uh opportunity to present uh in front of you. Um, as I said previously, uh, Kimley Horn is the engineer that was
hired by SBA Communications. SBA Communications is a cell tower owner and developer, uh, throughout the United States, and they have, um, identified an area of need for coverage and capacity. um for this specific site, Verizon uh is
what they consider the anchor tenant and Verizon has stated that they've found this to be an area that um that needs additional coverage and capacity. As a result, um SBA has uh gone into a lease
uh with Walmart and um working with Walmart, uh we've been able to identify a location, um yep, as you can see here, in between, let's just say on the west portion of the lot, uh in between two
retention ponds. Um a as previously stated this will be a 50x50 compound and the tower itself will be a 150 ft monopole. Um the monopole will be designed for multiple carriers to
colllocate. So this is not a single tower uh design. This is a multi-arrier design. Um, also as a result of designing a 50 by 50 lease space, it gives enough space for additional carriers to place their ground equipment on the ground. So again, multiple towers
once this tower, if hopefully approved and built, uh, can service multiple carriers and additional towers will not be needed within a specific radius of, you know, one to three miles. Um, as stated previous as well, we will require
an access to the existing um, parking lot that will go all the way out to the ride ofway and the two utilities that will be required for the project um will be power and fiber. Similarly, we will need uh we'll need power and fiber all
the way to the rideway as well. Those will be underground items. Um, aside from that, uh, yeah, if there are any, uh, questions or comments, um, please please let me know. Okay. Thank you. You're reaching for your microphones to
borrow, if I may. Yes. I neglected to mention it staff recommendation is subject to all the standard that are applicable to the communication towers. This staff report is placed under six standards.
and also included the insurance bond that needs to be also to include what I'm sorry the insurance bond that they have to they have to file so our recommendation is for a pro to all those okay thank you the bond is one of the
six standards correct that would be the seventh seventh okay Is that your question? No sir. U Mr. Applicant or Mr. uh Agimmo if I may. Looking at the site plan, I see it says
refer to C2 for large site plan. I didn't see that in the copy that was emailed or this one. But curious, it looks like there's a little piece of the property that Jets in that's maybe not owned by Walmart. Um is
experience that black money property is the property line that if that's not property would that create any sort of issue and it appears that the what is it the 50 foot 55 to 55
to 50 by 50 uh exceeds beyond somebody else's property is that the case or is that outside the privilege board no the the tower will be inside I see the tower, but I see that you you got a a
dotted square and it appears that the boundaries of that dotted square overlap over what appears to be the property line for Walmart. Um yeah, I will have to ask the applicant, you know, what is, you know, what that line is representing, but to inside the property
and is way set back. It's within our setbacks way inside that comply with the setback. So all right so we're well in compliance as far as this board is concerned adjacent to adjacent to the Walmart is unincorporated council is
that the boundary in the city yeah if if I may I can answer that question um the the dash line that you see and I apologize that you don't have sheet C2 but all that dash line represents is if you did have sheet C2 you would see that
it it just shows the enlarged a zoomed in version with that in that dashed line area. That was the area that was zoomed in. They're just showing you, hey, these are the boundaries of the zoomed in area. Okay. Just north of the tower. And again, I
don't know how far, but it looks like there's a little square that juts into Walmart's property. Is that someone else's property? And does that encroach on the setbacks? Because it it does not. And that is someone else's property, but no, it does
not. Okay. So, even from that point, we're still within our setbacks. Yes. Very good. Thank you. Speak into your microphone, please. Thank concerns I had with the one up by
the fire uh station. Few years ago, I did a survey for out in the potato fields and we had to have a fall radius. Is that still the case? The one at the fire station, they said that it was designed so it would collapse within
itself when it fell. Correct. Correct, sir. We will be designing this to have a fall radius so that it it that it would fall within itself. So, and that will be a fall radius 150 ft. Well, wherever your break point is.
Where the break point. So, we were going to design it to 50 feet to fall within within itself. You good, Mr. Walsh? No. No. Okay. I'm sorry. I was talking to a broke down old man. Um,
any other questions? Okay. Is there any here? Anybody here that want to speak against it? Seeing none, I'll move on with that. Um, can we entertain? Chair will entertain a no motion. Anybody want it or you want me to step?
Mr. Chair, I move that this board approve um the collateral use um of the application Sorry, you guys on mute. One PB case case PB25-11
partial number 10-10-26-000000-200 [Music] 0-00006 0 and part of 10-10-2600-130 30 point 010
address 105 cattle crossing and 105 or 185 cattle crossing paka who's presenting this bad boy to us introduce item chair sorry yeah this is a request for a final uh
approval For the final plat for phase one of the Mcllori co town home subdivision uh the parson subdive the request consist of two adjoining engagement parcels located at 6201 St. John's Avenue and
zero ml drive. Both parcels combined are approximately 31 just over 31 acres and are located within the boundaries of the city. If you recall uh these parcel were resone
to residential multiple R3 with a PUD overlay. The planning board recently reviewed the subsequent plan unit development plans which receive final from the city commission in the January of 2025.
The applicant seek approval of the final plat for phase one which consists of a 100 town home lots on 11.37 acres and this the preliminary plan was reviewed as you remember uh by the pling
board February 4th 2025 and recommended approval within the time frame that is allocated to submit the final plot we have reviewed the plat for consistent with chapter 177 and also with our own
requirements in in our code and staff is recommended approval stat to three conditions. The first condition is that all utility ement must be a minimum width of 15 ft.
they have to submit the third party surveyor report which I know that they have they have the report but they haven't able to submit yet condition number three payment width and the location of pavement on streets
adjacent to the parcels must be shown four significant contra data might be shown at the maximum 10 ft condition the word planning commission the signature page of the PL have to be changed to planning board
and our condition is that they need to submit a title opinion of an attorney license in Florida. So we are recommending approval with the proposed final plan subject to all this condition that I just enter into the records and
this condition must have to be complied before this can be scheduled for city commission consideration. of record is here uh to ask any question you might have. Okay. Thank you.
Do you want Okay. Do you have a question of the Did you say question? I said question. Oh, thank you. Sorry. Thought you said question, but if you'd like to step up and speak, please just give us your name and address. Good evening. Good evening. My name is
Clayton Molly, l Florida, LS7209. Address 416 Middle 36. Um, I I have a question. Yes, sir. Are you addressing it to us or
to the planner? Obviously construction. I don't understand. I've been trying to kill that one for about 35 years and still yeah sorry I'm not an expert in plat however you know
it's a requirement I code that's the reason it's mentioning here okay if it's not needed then we can delete it you know with is another thing too because if it's not constructed how can I show I mean I can show you in my
I'm not saying you got to do that I I find it very odd. Uh well, it goes beyond odd. And I've been trying since my first case on the planning board, but I don't know
how long 55 we'll go with 90. We've got a lot of strange things in our subdivision. In my opinion,
we need to and I believe the new statute that went into effect today. I got one here. They working one together. We might make a pair. Excuse me, but I hope y'all don't make a pair.
We only need one or a but no I believe that there was all needed that is what I've been preaching for about 40 years and 35 Y'all have any questions? Mr. Chair, with that with that conversation, then I
will maybe modify my my recommendation to delete condition number three. All right. Go ahead. Hang on just a minute. Let him modify what he's doing and then I'll go to you. Okay. Okay.
I I will change my recommendation. uh substance conditions with the le condition number three and number four. Okay. All right. You're comfortable doing that on top. Go ahead. Okay.
Mr. Walls, did you you said you had questions? Yeah. Apparently in y'all's agreements, you agreed all easements be 15. Is that There is no requirement. The
code they're 10 feet. Yeah, I was showing in the plat. However, the code requires 15 feet. Yeah, but the plant that we are sending to the city commission is not a plant that's going to be
amended to show this. It's this plant that we've got. Well, the story just brought the new plants today. However, you know, there was no time for me to review for this meeting, but it will be reviewed before going to the city commission. Good. Good enough. All
right. Now, um I've got a couple we got rid of that and I had it down to get rid of and the fun get I had that down to get rid of. And number six,
submit a title opinion on it. Does what we have qualify as a title opinion plan property information. That's not a title. Yeah.
We've got to have a title opinion and a boundary survey. But you got boundaries. That's right. Lord, I know that it's not even cold. It's, you know, these are conditions
based on the code. What he's saying is submit a title opinion. Not not not that it's there. They're saying submit a title opinion. It's what what it says is that for a plant to go on record, there's got to be a title opinion and a
boundary survey on record for that land, right? And it's to be exactly as you corrected to go bad. It's to be exactly verbatim as the description for the
lands within the planet. Is that good? And I I do believe that it also could believe chapter 177 states also a property information report but I'm but what I'm saying what I'm saying is
is all this is going to be part of our that that they must submit all this before it even goes on even further than what we're doing. Right. That's right. We don't I don't you know it's not part of the application right now. So you said what? We don't have it yet. The
title they have to submit what you don't have. I understand but that's part of the stipulations of approving this is all I'm saying. So if I could just weigh in here with the preface. The following items need to be addressed and resolved by the
applicant prior to city commission's consideration of the time of class. The applicant and then compliance with the time limit requirement of six months. But this is all for the city commission consideration of the final. We're
requiring it to give to the city commission. understand, but we're sending something to the city commission that is not does not meet and I always say 177. Uh it does not meet
177 in my opinion because it's got errors in it or or sites in it or whatever. So the to the city commission and say, "Oh, it's it's that's good." I haven't seen
the final. Have you? You're saying it's good. No, what I'm saying is is that all that has to be in place and we're and and correct me if I'm wrong, Miss West. And um that
that we're giving them the authority to make sure that that's okay. and said everything is good. You know I you have problems too. You know see I told you I didn't want y'all to be a pair.
You let the old man out of the bag over there. for the city to let's face it there's not a survey on the city commission however that is not the requirement of the requirements it's identification of the issues that
do need by the private city commissioner consideration so that Good. I like it to be based on what I've got here in front of me, not what I'm
going to what it's going to be after it gets revived to you. You said in your head, do you understand what I'm saying? I I perfectly understand what you're saying. I mean, I understand. Yes, sir. Mr. Is it common practice in the past to
have things teed up for the commission where it doesn't come back to this board or is it common that this board has filed before? [Music] Go ahead. I'm sorry. No, go ahead, Mr. Wallace. You're in charge.
It depends on what the application is for. So, in some cases, for example, on variances, you are will stop. It never goes to the city commission. This would go to the city commission. It's not coming back to you unless there was a
motion to table it to uh your next planning board meeting in an effort to resolve whatever discrepancies may be outstanding in the meeting. That's within the discretion of this board. If you want this to be completely finalized
and up, so you are reviewing um what the city commission is going to do. That is within your disc. That's what we're supposed to be doing. It's a final plan, not
here now. And Mr. I'm not disagreeing. It is a valid point, but I mean, you know, we're Mr. Nolan, just to address your question, is that unusual to have staff recommendations subject to conditions
introducing a case like in this one? We do it on conditional. We done it before too. There were other plats that we took to the city commission with condition that they had to be met and not even before the city.
If they have to be met before I can schedule it for the city commission consideration. So the remaining four conditions have to be met prior to you even reaching out to the commission saying that's correct. I would like to put it on agenda and I would not recommend for agenda until it is it is
satisfied. So, I mean, it it it behooves the applicant to have all of their ducks lined up in a row before attending that meeting because I wouldn't want to come back here as an applicant if I screwed up. And I understand that they're that I understand they're addressing all of
these conditions. The jet didn't have the time to make it to the planning board meeting, but as you know, you know, all of these conditions are being addressed right now. I feel he already submitted one today and I understand you
know by the applicant that uh they will be submitted before the deadline for the next city commission enough time for staff to review and see that they comply with the conditions if the planning board recommends approval uh the condition to the city commission
and you wouldn't take this before the board again I know you've answered this question one but one more time you wouldn't take this before the board unless All those things that are there are in place. That is correct. However, you know, it's your, you know, your prerogative, you know, if you want to
see this back with all these conditions addressed, you know, would take another delay the project for, you know, maybe a couple months. Understand? If I may, as the surveyor signing, I wouldn't want it to go unless all that stuff. Say that
again. As the surveyor signing it, I wouldn't want it to go unless all the conditions that the city had. I'm not saying I was so gracious, but when you got a plant, all the eyes were dotted, tees were
crossed, and there was nobody to find anything wrong. And I I mean that. And so, are you going to have the reviewing surveyor look at it again once it's fixed that he's already said it's good? Well, I I
don't know what he said is good. I haven't got the report yet. So that they haven't said I know that the letters I know it's he has reviewed I mean it is in the plot with his signature however I asked them to give me a report stating you know that the
plot is you know in conform with the statue and with our code they haven't done that yet because they couldn't get the whole of the surveyor in time but that that should have been done before this board ever got final do Do you
agree? I'mma put the dog on you. Go ahead. You agree? I do agree with conditions. So conditions being that we did uh by
recommendations thin the platform by the city collected and we waited four months and to no avail. We never got any kind of back on. We tried to contact him several several times. So last week I reached out to Mr. Island and had So
it's been a various You say that's who ended up looking Mr. Okay. He's good. Yes, sir. Yeah. And you understand that statement. He's good. But
that's what you do in the case where you get stonewall. You fired me in another. Yes, we we weren't aware that I thought there was only one survey found out. I believe come to find out is one of the
city of human services. Yes. Yes. Okay. All right. You good with your question? With your question? Are you done with your question? How
about that? Yeah, I guess I'm okay. Uh I just want Mr. Chairman, can I make it a suggestion that once they submit all the the conditions that Mr. meet with us and help us doing the review before I schedule for the city commission. Are
you making that one of the conditions now? I think what once it's a finished plan, everyone needs to see it or or anybody else you want to. But you
whoever signs that reviewing surveyor, they're hanging their license on the line. Absolutely. aware that and it's it's not to be a sloppy effort. I believe the
only thing that's left is the time opinion. You think what the only thing that's left is the time of opinion. We've already addressed I believe we've addressed the easement. We addressed some legis and I think you're the lead.
Yes, sir. I mean, otherwise he's taking whoever's word that it was fixed. I might see the fixed product. I I agree with you. I just She's grinding them. She ain't
gritting them. Okay. So, let let's move on along with this thing now. Okay. Um, what's the what's the may I ask a a question? Yes. Um,
I I'm I'm all for progress. I don't want a dime to hold up a dollar, but what is proper procedure? Um, Miss Wester is true. I mean, I understand in the past we've we've approved subject to
and I'm personally finding that because I can't speak as intelligently about these plans as Mr. Wallace. Um, but if you're saying I'm I'm serious. Um, you know, if staff says it's good, then that that's all I
know pertaining to plants. Um, is this something procedurally? Are we is it more proper to approve subject to conditions or is it more proper to wait for the finished product? I heard a
fellow mistake. He said he likes to see finished product. Wow. and and and to to and and understand like see of finished product you're asking subject two subject two this we have always done as a board as planning
board and I ain't been on it 90 years but we've always done things subject to these conditions but not to the city commission okay I'm not
when did that sort of thing and we we we agreed to adopt it or whatever subject to his request right and I mean but but that's anyhow okay final things have been subject to and
one of the conditions I was coming back and Mr. must review it. You know, that that puts a burden on him. He's he's a volunteer. He's not getting paid to do this. Um so I do think we need to be cognizant of the fact that we don't spur
on staff to assist with these issues. Um but this is this is permanent. It goes in public records. We want to get it right. Which is the reason why we have a third party that works for the city to review the
and he doesn't appeal except for his vote. Well, and also you you said you um relinquished your license of it. You wouldn't be able to do that in the first place, right? Right. You missed. No, I didn't. I'm just I'm
just I'm trying to give you an out. She was not talking about Mr. Wallace reviewing it as a registered. Okay. I did miss that. I did miss that as a board member. Wait a minute. Wait just a minute. Mr. Dulan
Dolan, I won't butcher that one way or the other. If I can make a motion to table until all those conditions are met and then we can address it as soon as the conditions are met. [Music] Okay.
And I see one out there. Yeah. Yes. Miss Kitchens, I see you. I want recognize you from 10472 street quarter. I agree with Mr. Dolan and as a former city
commissioner of nine years I would never approve anything that came to me that you all didn't look at totally. I'm also a board member of the Estonian appeals. um been brought over committee this board and several other committees and I want the tees crossed and the eyes do
and I don't care what historically you've done I think you need to have if it's a final and you need to see it and everything said it needs to be done in fact you got this the last when you have time to
review it that's a red flag you need to come back every everything. You're welcome. Straight. Okay. So, I have a motion. Do I have a second?
Yes. Can it be your motion to continue the item instead of table to continue to I'm certain so I don't have to revertise it again. I'll in the motion to what he said. Yes. Okay.
Do we have a second? Yeah, I'll second. I'll second. M Wilson second. Any further discussion to continue? Yes, sir. We're we're in discussion. Yes. Okay.
So, we're we're continuing for the purpose of bring completed report. Um, Mr. Wallace, staff telling me the report's complete. Um, so I don't understand the purpose.
Why is the subject to not accomplish the goals? It does. It's It's within your discretion, but there is merit to having everything finalized for a final flat. I I in my opinion, there's a difference between approving of a PD, for example,
with conditions that need to be met before it goes before city commission. A final that is final um that goes in your public records. You need to make some of them perfectly comp. So, that's that was the answer to my
first question. Okay. Thank you. Any other discussion? Okay, seeing none, we have a motion in a second. All those in favor? I sorry. No worries. All opposed.
Motion passes. That completes our agenda. Did you I hope my tires are anybody they need to I Okay to welcome Mr. Dan to the to the
planning board. Yes. Welcome Mr. Dolan. I'm sorry. I'm sorry I didn't do that in the beginning. I just I was kind of getting tense. I knew that it was fixing to get kind of right here. Trial by fire. Welcome. I would like to say something. Um, happy
birthday, Mr. Killrew. Happy birthday. And you're not 63, you're 64. Happy birthday. No, we already did that at Guana today. Yes, Miss West. I was I was going to recognize you. Can you please let me know?
Well, I didn't I mean I knew when you say hot button, I knew that all those people back there were here for that on the agenda and I didn't know that it was going to get to the point that it got to. Um I should have recognized that some of the people that I
but but but in all that said, I think I think I think it was okay. I mean really and truly I mean most of Chase he bailed us out what they put her down once he really explained I did that twice he did it evident
almost exactly know you well that's what I was going to say I knew most of those people sitting on that daily birds on the line back there you know so I mean I knew and that's that's what he was referring to I know people up on that board you know I mean I was I was starting to get a little edgy myself
when he said I heard him say two or three times back there and that's the reason I'm shutting down was we were bought already let we want to make sure yeah I understand thank you I was
wondering that myself yes yeah whatever schedule to fix one more time to fix our subdivision regulations. How do we do that? Back in the 20s and the 30s, Mr. Mr. How do we
do that? How do we start that process? I know y'all are undertaking a lot already, but Well, the plan is, as you know, we finish finishing up, you know, the update to the comprehensive plan, which I knew you got a lot going on about three more months through we go
the adoption of all the policies. Uh the intent is to right after that we have to update the the land development code. Perfect. And that's the time I I rather do it you know on a one time rather to do an incremental basis uh just so we're
in practice from maybe scratch it and get something new. Okay. So it'll be addressed in this year beginning and next. I hope so. Very good. Yes. So it's on the agenda. Thank you.
Any further? I move we adjourn. We are. Thank God.