Mar 24, 2026 Planning Commission

[A. Call to Order and Roll Call]

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ORDER OF THE. MARCH 24TH, 2026 BAY COUNTY PLANNING COMMISSION. CALL THE ROLL, PLEASE, MR. CHRISTIE. YES, MA'AM. YES, MA'AM. MR. CARTER? YES, MA'AM. MR. HONEYCUTT. YES, MA'AM. MR. HEYMAN. OKAY. FIRST ITEM IS APPROVAL OF MINUTES OF FEBRUARY 17TH, 2026. EVERYBODY HAD A

[B. Approval of Minutes (February 17, 2026) ]

[C. Announcements]

ADDITIONALLY, IN YOUR PACKETS FOR TODAY, THE TWO FINAL ITEMS, WHICH ARE THE COMPREHENSIVE PLAN AND PROPOSED COMPREHENSIVE PLAN AND PROPOSED LDR REVISIONS, THE PROPOSED REVISIONS DID NOT SHOW UP. THEY ARE ON THE PROPOSED IN LANGUAGE, HOWEVER, THEY'RE NOT HIGHLIGHTED UNDERLINED AS THEY NORMALLY WOULD BE. WE RECOGNIZE THIS ERROR TODAY, SO WE PROVIDED COPIES TODAY FOR YOU THAT SHOW THOSE PROPOSED AMENDMENTS HIGHLIGHTED AND UNDERLINED.

THAT'S ALL I HAVE. OKAY. HOW LONG WILL IT TAKE TO STATE ON THE ON THE SECTOR PLAN? HOW LONG WOULD THE STATE HAVE? I THINK THE THE REVIEW GENERALLY THEY GIVE THEMSELVES, I THINK 60 DAYS. HERE. LATELY WE'VE BEEN RECEIVING THOSE REVIEWS BACK RATHER QUICKLY. SO OKAY.

[D. Agenda – Additions, Deletions, Changes and Acceptance ]

WE NEED A MOTION. MOTION. SECOND, WE HAVE A MOTION. SECOND, CALL THE ROLL, PLEASE.

MR. CHRISTIE. YES, MA'AM. MR. DAFFIN. YES, MA'AM. MR. CARTER. YES, MA'AM. YES, MA'AM. NEXT

[E. Public Hearings (Swear in for quasi-judicial) ]

APPRECIATE IT. OKAY. SO IF YOU'RE HERE TO SPEAK, YOU NEED TO STAND AND BE SWORN IN.

PLEASE. YOU SOLEMNLY SWEAR OR AFFIRM THAT THE EVIDENCE YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. YES. THANK YOU. FIRST ITEM. THE COMMISSION CONDUCT A QUASI JUDICIAL PUBLIC HEARING. PL QP20260017. TO CONSIDER REQUESTS TO ALLOW CONSTRUCTION TRADE RELATED BUSINESS BE LOCATED ON A PROPERTY WITH AN R TWO SINGLE FAMILY AND DUPLEX DWELLING ZONING DESIGNATION PROPERTIES. LOCATED AT 107 EAST 26TH STREET IN UNINCORPORATED PANAMA CITY AREA. ANY EX-PARTE. I SPOKE WITH MR. NOAH COUPLE MONTHS AGO.

I DID TO NOTE FOR ME STAFF PRESENTATION. WAYNE PORTER THANK YOU, MR. CHAIRMAN. AS NOTED, THIS IS A REQUEST TO ALLOW THE OPERATION OF A CONSTRUCTION TRADE BUSINESS ON A PARCEL WITH A SINGLE FAMILY AND DUPLEX DWELLINGS. R-2 ZONING DESIGNATION. THE PROPERTY IS LOCATED AT 1007 EAST 26TH STREET IN THE UNINCORPORATED PANAMA CITY AREA.

CHAPTER FOUR, SECTION 405 OF THE BAY COUNTY LAND DEVELOPMENT REGULATIONS LIST THE ALLOWABLE

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THERE ARE NO COMMERCIAL USES IDENTIFIED AS AN ALLOWABLE USE WITHIN THE COMPREHENSIVE PLANS.

RESIDENTIAL FUTURE LAND USE DESIGNATION. STAFF FEELS THAT THE PROPOSED USE IS NOT COMPATIBLE WITH THE COMPREHENSIVE PLAN AND THE SURROUNDING AREA. ADDITIONALLY, THERE IS NO EVIDENCE THAT THE EXISTING WAREHOUSE STRUCTURE WAS CONSTRUCTED SUBJECT TO AN APPROVED BUILDING PERMIT. IF THIS REQUEST IS APPROVED, STAFF RECOMMENDS THE OWNER BE REQUIRED TO SUBMIT A DEVELOPMENT APPLICATION AS WELL AS THE REQUIRED BUILDING PERMIT INSPECTIONS. IT IS THEREFORE RECOMMENDED THAT THE PLANNING COMMISSION CONDUCT A PUBLIC HEARING, FIND THE PROPOSED CONDITIONAL USE PERMIT REQUEST INCONSISTENT WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS, AND DENY THE CONDITIONAL USE PERMIT REQUEST BASED ON THE ATTACHED FINDINGS. WE HAVE NOT RECEIVED ANY PUBLIC COMMENT RELATED TO THIS ITEM. I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. OKAY. THANK YOU. ANY QUESTIONS RIGHT NOW? AT THIS TIME WE'LL HEAR FROM THE APPLICANT. YES. GOOD AFTERNOON, MR. CHAIRMAN.

MATTHEW GOLDHAGEN, I'M AN ATTORNEY FOR MR. NOEL AND DURANGO PARK, LLC. I HAVE MR. NOW RIGHT HERE. HE'S REPRESENTATIVE OF THE PROPERTY OWNER AND MR. JACK WILLIAMS, ANOTHER WITNESS AND ATTORNEY OF MR. NOW THAT HELPED HIM OBTAIN THIS PROPERTY BACK POST-HURRICANE MICHAEL FROM THE PREVIOUS HOMEOWNER AND I THINK WHAT MR. JACK HAS TO SAY IS IMPORTANT IN THIS BOARD SHOULD OR THIS COMMISSION SHOULD CONSIDER IT. GIVEN EVERYTHING CONSIDERED AND HOW THINGS WERE HANDLED. POST-HURRICANE MICHAEL, SO FIRST, THANK YOU FOR ALLOWING US TO BE HERE. WE UNDERSTAND THAT IT IS A RESIDENTIALLY DESIGNATED AREA, BUT IF YOU LOOK AT THAT MAP, FIRST AND FOREMOST, DIRECTLY ACROSS THE STREET IS A COMMERCIAL, I BELIEVE A3A USE, AND THAT'S DIRECTLY ADJACENT TO THE PROPERTY ALSO OF WHICH PROPERTY THAT MR. NOW OWNS BY ANOTHER NAME OR BUSINESS. I THINK IT'S IMPORTANT TO INTRODUCE MR. NOW AS, AS THE PERSON WHO REPRESENTS DURANGO PARK AND IS THE OWNER. HE'S GROWN UP IN THAT NEIGHBORHOOD AND HE'S LIVED THERE FOR 65 YEARS. HE'S LIVED ACROSS THE STREET FROM THAT PROPERTY AND HAS SEEN THAT WAREHOUSE FROM ITS INCEPTION IN ABOUT 20 YEARS AGO, BEING BUILT FOR 20 YEARS. IT SAT WITHOUT ANY SORT OF COMPLAINT OR ANYTHING FROM ANY PROPERTY, FROM ANY NEIGHBORS OR ANYTHING LIKE THAT. IN 2018, WHEN HURRICANE MICHAEL HIT, THAT WHOLE PROPERTY WAS KNOCKED DOWN. THE PREVIOUS OWNER OF THAT PROPERTY BASICALLY ABANDONED IT, BASICALLY WENT INTO BANKRUPTCY. AND YOU'LL HEAR THAT FROM MR. JACK. HE'LL TALK IN MORE DETAIL ABOUT THAT. ABANDONED IT, WANTED NOTHING TO DO WITH IT. MR. NOW, BEING A PROPERTY OWNER IN THAT NEIGHBORHOOD AND WANTING TO BRING UP THAT PROPERTY WHEN AND FIX IT UP. SPENT AN EXTRAORDINARY AMOUNT OF MONEY FIXING UP THE RESIDENTIAL HOUSE THAT SITS ON THAT, AS WELL AS THE WAREHOUSE. AND HE DID CONTINUE TO USE THAT WAREHOUSE FOR LIKE A SMALL CONSTRUCTION TRADE RELATED BUSINESS. HE DID SO UNTIL CODE ENFORCEMENT CAME IN AND SAID, YOU CAN'T. AND THEN HE STOPPED UNTIL BEFORE THEN, THERE WAS NO INDICATION THAT HE COULDN'T DO THAT AND COULDN'T DO THAT. AND I THINK THAT HAPPENED ABOUT A YEAR AGO WHEN WE STARTED THIS PROCESS AND TRIED TO LOOK INTO WAYS WE CAN CAN COME TO THIS COMMISSION AND DO THE RIGHT THING. AND MR. NOEL, AFTER OBTAINING IT IN HURRICANE MICHAEL, HE'S BEEN RENTING IT OUT TO SMALL BUSINESSES LIKE SMALL SINGLE MEMBER HVACS WITH ONE TRUCK.

IT'S A SMALL STORAGE BUILDING WHERE THEY CAN PUT EXTRA SUPPLIES. THEY'VE GOT A LITTLE OFFICE IN BACK. MR. PORTER MENTIONED THERE WERE NO PERMITS TAKEN. MY UNDERSTANDING IS THERE ARE NONE. I'VE DONE RECORDS REQUESTS, BUT THERE'S NO REASON HE CAN'T GET PERMITS, AND HE WILL CERTAINLY DO SO IF THE TIME COMES TO DO THAT. THE PROBLEM WE RUN INTO HERE IS WE

[00:10:02]

ONCE THE PROPERTY IS ABANDONED, THIS GOES AWAY. ONCE THE PROPERTY IS DESTROYED, THIS GOES AWAY. YOU CAN EVEN SAY ONCE YOU SELL IT, THIS GOES AWAY. IT'S BUILD YOUR OWN ADVENTURE HERE. SO SO YOU CAN CREATE A CONDITIONAL USE PERMIT. ALLOW US TO GO AND APPLY FOR A DEVELOPMENT ORDER. DO ALL THE NECESSARY THINGS TO ENSURE PERMITS ARE PULLED. UTILITIES, MANAGEMENT, EVERYTHING LIKE THAT IS DONE. IN THAT PROCESS. AND I UNDERSTAND UNDER THE CONDITIONAL USE PERMIT, YOU HAVE A YEAR TO DO THOSE THINGS OR IT GOES AWAY. SO IT'S ALREADY A NATURAL BACKSTOP. FROM THAT POINT. YOU KNOW, I WOULD ALSO MENTION, AND MR. NOEL WILL SPEAK TO THIS BEING A NEIGHBOR, BEING A PROPERTY OWNER IN THIS NEIGHBORHOOD, HE HAS DONE NOTHING BUT HELP THE NEIGHBORHOOD GROW. HE'S AGREED TO A WASTEWATER EASEMENT. AND IF I DON'T HAVE THAT WITH ME, BUT HE GAVE AN EASEMENT TO THE FLORIDA NORTH FLORIDA WATER DISTRICT FOR DRAINAGE EASEMENT. IT'S AT OFFICIAL RECORD BOOK FOR 216, PAGE 86. YOU CAN LOOK IT UP IF YOU FEEL THAT THAT'S NECESSARY. BUT HE'S GIVEN NECESSARY EASEMENTS. HE OWNS A BUNCH OF THOSE PROPERTIES AROUND THERE. IF ANYTHING, HE'S NOT PREVENTED THIS AREA FROM GROWING AND BEING A NICE PLACE TO LIVE. HE'S HELPED. AND ALL HE'S ASKING NOW AND THROUGH HIS TESTIMONY WILL BE PUT IT ON. ALL HE'S ASKING NOW IS THAT YOU GIVE HIM THE RIGHT TO CONTINUE USING A SMALL WAREHOUSE FOR A SMALL CONSTRUCTION LIKE BUSINESS. ONE MEMBER, ONE TRUCK, WHATEVER LIMITATIONS YOU NEED IMPOSE ON IT, BUT ALLOW HIM TO OFFER AN AFFORDABLE SMALL WAREHOUSE TO A SMALL BUSINESS MEMBER IN THIS COMMUNITY AND THAT CAN BE CONTROLLED IN ANY CONDITION, ANY USE CONDITIONS AND RESTRICTIONS YOU PUT ON IT. THROUGH THIS PERMIT, WE CAN WRITE INTO A COMMERCIAL LEASE AGREEMENT AS BEING RESTRICTIONS ON THE TENANT. SO THIS IS A COMPLETELY CONTROLLABLE SITUATION THAT I THINK WORKING TOGETHER, WE CAN MAKE SURE IT DOESN'T ADVERSELY AFFECT THE NEIGHBORS, WHICH HE'S BEEN IN THAT NEIGHBORHOOD FOR 65 YEARS.

IT DOESN'T AFFECT THE ENVIRONMENT, IT DOESN'T AFFECT THE SURROUNDING USES, AND IT DOESN'T AFFECT WHATEVER VALUE TO HIS OWN PROPERTIES. IT WOULD CHANGE. SO IT WOULDN'T MAKE MUCH. IT WOULDN'T ADVERSELY AFFECT THE NEIGHBORHOOD AS LIKE A BIG, LARGE WAREHOUSE WOULD.

THIS IS NOT A MAJOR SIZE BUSINESS. HE'S LOOKING TO GO IN. HE'S LOOKING TO HIRE. HE'S LOOKING TO LET A HVAC REPAIRMAN WHO'S GOT HIS OWN TRUCK AND LICENSE NUMBER GO IN THERE WITH A FEW SUPPLIES AND WRITE INVOICES FROM DAY TO DAY CAN BE CONTROLLED BY. YOU CAN'T BE IN THERE BEFORE 5 A.M. YOU CAN'T BE OUT OF THERE. YOU CAN'T BE OUT THERE PAST TEN. I MEAN, EVERY RESTRICTION CAN BE PUT ON THIS. AND CONDITIONAL USE. IT'S CREATE YOUR OWN JOURNEY. SO WITH THAT, I'D LIKE TO BRING UP MR. JACK WILLIAMS TO TALK ON THE HURRICANE MICHAEL ISSUE AND ALL THE STUFF THAT MR. NIGEL WENT THROUGH TO GET THIS PROPERTY BACK INTO SHAPE. WOULD YOU PLEASE STATE YOUR. FOR THE RECORD, I'M MATTHEW GOLDHAGEN OF GOLDHAGEN LAW, 502 HARMON AVENUE, PANAMA CITY, FLORIDA, 32401. EXCUSE ME. THANK YOU. MY NAME IS JACK WILLIAMS. I'M AN ATTORNEY HERE IN PANAMA CITY. MY ADDRESS IS 502 HARMON AVENUE HERE IN PANAMA CITY. AND YOU WERE SWORN IN? YES I HAVE. OKAY. OKAY. BASICALLY, I'VE REPRESENTED MR. NOW AND HIS COMPANIES FOR PROBABLY GOING ON 20 YEARS. AND I WAS CONTACTED BY HIM IN NOVEMBER OF 2019. HE.

AFTER THE HURRICANE, HE ATTEMPTED OKAY TO GET AHOLD OF THE CURRENT OWNER, A MRS. GUNN, OKAY TO TRY TO PURCHASE THE PROPERTY AS WAS STATED EARLIER. OKAY. HE OWNS APPROXIMATELY FOUR PARCELS OF PROPERTY THAT ARE IN THE IMMEDIATE AREA OF THIS PARTICULAR PIECE OF PROPERTY. AND IF I COULD JUST SHOW YOU ONE THING HERE, I JUST WANT TO. IT WAS HARD TO FIND A PICTURE, BUT I WAS ABLE TO DO SO ON THE PROPERTY APPRAISER'S WEB PAGE. OKAY. WHICH SHOWS THE

[00:15:01]

DO YOU HAVE ONE FOR PAM AS WELL? IF YOU SLEEP. ON THAT FATEFUL DAY, THE PROPERTY SUSTAINED SERIOUS DAMAGES, WHICH MR. NOEL FELT OKAY HAD AN ADVERSE EFFECT ON THE NEIGHBORHOOD IN GENERAL.

OKAY. ONCE AGAIN AFFECTED HIS PROPERTIES AND THE VALUE. SO HE TOOK IT UPON HIMSELF TO TRY TO ACQUIRE THIS PROPERTY IN ORDER TO RECONSTRUCT IT AND MAKE IMPROVEMENTS ON THAT PARTICULAR PIECE OF PROPERTY. HE HAD DONE THAT BEFORE. HE CONTACTED ME IN NOVEMBER OF 2019, BUT HE WAS UNSUCCESSFUL WITH MRS. GUNN AND ASKED ME IF I COULD HELP. I SAID THAT I'D BE HAPPY TO HELP.

THE FIRST OBSTACLE WAS OKAY. ABOUT THREE MONTHS AFTER HE ASKED ME TO HELP AND I CONTACTED HER, SHE FILED BANKRUPTCY. WELL, BANKRUPTCY STOPS EVERYTHING, SO WE COULD NOT DO ANYTHING FURTHER. I WENT INTO BANKRUPTCY COURT, OKAY? AND EVENTUALLY OKAY. IN ABOUT THREE MONTHS LATER, THE BANKRUPTCY WAS DISMISSED. SO WE ONCE AGAIN GO TO MRS. GUNN AND START TALKING WITH HER. THE NEXT THING IS OKAY. AND BY THE WAY, SHE INHERITED THIS PROPERTY FROM HER MOTHER. FORECLOSURE ACTION WAS FILED BY THE LENDER WHO HAD A FIRST MORTGAGE ON THE PROPERTY. I WAS RETAINED BY MRS. GUNN AND BY MY CLIENT. OKAY. TO GO AHEAD AND REPRESENT HER IN THAT FORECLOSURE ACTION TO GET THAT CASE RESOLVED, GET THE MORTGAGE PAID OFF SO THAT IT WOULD FREE IT UP WHERE HE COULD PURCHASE IT. ANYWAY, THERE WAS A WHOLE SERIES OF NEGOTIATIONS. WE SETTLED WITH THE LENDER, GOT THE LENDER PAID, AND THEN MRS. GUNN STARTED TALKING ABOUT HOW MUCH MONEY SHE WAS GOING TO GET FOR THE PROPERTY. WE NEGOTIATED FOR APPROXIMATELY SIX MONTHS, AND FINALLY SHE AGREED TO SELL THE PROPERTY TO MY CLIENT. HE OBTAINED TITLE TO THAT PROPERTY IN JANUARY OF 2021, AND IMMEDIATELY WENT INTO POSSESSION OF IT AND MADE ALL THE REQUIRED IMPROVEMENTS THAT YOU SEE THE PROPERTY IN THE CONDITION IN TODAY. I THINK WHAT REALLY BOTHERED ME THE MOST ABOUT THIS WAS WHEN I LOOKED OKAY AT WHAT THE DEPARTMENT OR WHAT WAS SAID ABOUT, OKAY, THE APPLICATION IS SAID THAT IT POSSIBLY COULD CREATE A NUISANCE, OKAY, FOR THE NEIGHBORHOOD BY ALLOWING THIS USE, AND THAT IT WOULD AFFECT THE VALUES OF THE PROPERTY. I'VE LOOKED AT THE AERIAL OF ALL THE PROPERTIES THAT ARE SURROUNDING THAT, AND I HAVE A QUESTION ON THAT. BUT WHAT MY POINT WAS OKAY, WE HAD A NUISANCE WITHOUT A DOUBT. IF YOU LOOK AT THE PHOTOGRAPH OF WHAT WAS EXISTING AFTER HURRICANE MICHAEL, WHAT HE DID IS HE WENT IN PERSONALLY AND TOOK CARE OF THAT NUISANCE AND BROUGHT THE PROPERTY BACK UP INTO THE CONDITION THAT IT SHOULD HAVE BEEN IN. AND ONCE AGAIN, I THINK HE DID EVERYTHING THAT HE POSSIBLY COULD DO, OKAY, TO GET THAT PROPERTY BACK WHERE IT COULD BE OPERATED, OKAY. AS A RESIDENCE AND THE WAREHOUSE. AND ONCE AGAIN, HE'S TOLD ME, AND I HAVE NO REASON NOT TO BELIEVE HIM.

OKAY? HE SAW THAT PROPERTY BEING USED. OKAY. FOR THAT PURPOSE. OKAY. FOR ALMOST 18 YEARS PRIOR TO HIS ACQUISITION OF TITLE, HE HAD NO AWARENESS, OKAY, THAT IT WAS NOT ALLOWED USE AT THAT PARTICULAR POINT IN TIME. HE WENT IN, MADE ALL THE IMPROVEMENTS THAT WERE REQUIRED, GOT SOMEBODY ELSE IN IT, AND WENT ON THAT WAY. OKAY. FOR APPROXIMATELY FOUR, FOUR AND A HALF YEARS BEFORE CODE ENFORCEMENT CAME ALONG AND SAID, YOU CAN'T USE IT FOR THE PURPOSES. AND WHAT I'M SAYING IS, I THINK, OKAY, I GOT INVOLVED IN A LOT OF THE ISSUES CONCERNING HURRICANE MICHAEL AND THE PROPERTIES AND THE DAMAGES AND BASICALLY WHAT HE DID. OKAY. HE TOOK IT UPON HIMSELF, OKAY, TO CORRECT THE CONDITION, WHICH OTHERWISE WOULD HAVE HAD TO HAVE BEEN ADDRESSED BY THE COUNTY IN THE FORM OF CODE ENFORCEMENT FINES.

AND ULTIMATELY, OKAY, MISS GUNN WASN'T GOING TO DO IT, THEN THE PROPERTY COULD HAVE BEEN CLEARED. AND WHAT I'M SAYING IS, AND THEN YOU'RE TALKING ABOUT A MORTGAGE, AND THE QUESTION IS, WHO HAS PRIORITY? YOU THE EXPENSES THAT YOU HAVE OR THE MORTGAGE. AND WHAT I'M SAYING IS I THINK BASICALLY HIS ACTIONS, OKAY, WERE OF A BENEFIT TO THE COUNTY AS WELL AS THEMSELVES. AND FOR THAT REASON, OKAY. I THINK IT WOULD BE APPROPRIATE TO GRANT HIM

[00:20:04]

YOU'RE SWORN IN. YES. OKAY. ALL RIGHT, MISTER, NOW, CAN YOU INTRODUCE YOURSELF? HOW LONG HAVE YOU LIVED IN? THANKS FOR INTRODUCING YOURSELF. HOW LONG HAVE YOU LIVED IN THIS AREA? THIS NEIGHBORHOOD THAT WE'RE TALKING ABOUT? I'VE BEEN THERE 65 YEARS. AND WHEN DID YOU FIRST RECALL A LITTLE WAREHOUSE BEING ON THAT PROPERTY? APPROXIMATELY 20 YEARS. 20 YEARS? YEAH, BACK TO 2006, SOMETHING LIKE THAT. THEY WERE RUNNING A COUPLE OF SUCCESSFUL FENCE COMPANIES OUT OF THERE, AND THEY WERE ROLLING IN THERE EVERY WEEK WITH SEMI TRUCKS AND CONDUCTING BUSINESS THERE. AND I HAD NO IDEAL WHEN I PURCHASED A PROPERTY THAT I THOUGHT IT WAS MIXED USE. TO BE HONEST WITH YOU, I HAD NO IDEA THERE WAS R2 AND WE'VE CARRIED ON FOR ABOUT FOUR ALMOST FIVE YEARS RENTING IT OUT TO THREE DIFFERENT AIR CONDITIONING COMPANIES AND NEVER HAD NO PROBLEM UNTIL CODE ENFORCEMENT STEPPED UP AND SAID, HEY, YOU CAN'T DO THIS. WE BACKED UP AND HAVE TRIED EVERYTHING I CAN DO TO COMPLY, AND AS SOON AS CODE ENFORCEMENT GOT INVOLVED, YOU BASICALLY KICKED THE TENANT OUT. I TOLD TENANT HE HAD TO LEAVE.

I GAVE HIM HIS DEPOSIT AND HIS RENT BACK. AND HERE WE ARE. YOU HAVE A RESIDENTIAL HOUSE ON THAT PROPERTY. DO YOU RENT THAT OUT? I DO, AND HAS THAT RENT. HAS THE RENTER. HAVE THE RENTERS EVER COMPLAINED? NEVER. OKAY. AND SO YOU BOUGHT THIS POST-HURRICANE MICHAEL. YOU PUT A SIGNIFICANT EXPENSE INTO FIXING IT BACK UP, NOT ONLY FIXING IT UP, BUT, YOU KNOW, ACQUIRING THE PROPERTY. I HAD TO PAY AN ATTORNEY AND I HAD MANY HOURS IN NEGOTIATING WITH MISS GWEN, AND I'M JUST. AND YOU OWN A LOT OF THESE PROPERTIES IN THAT SURROUNDING AREA? I DO. AND HAVE YOU HAD AN OCCASION TO GIVE EASEMENTS AROUND THAT TO. YES. GOVERNMENT.

I GIVE AN EASEMENT MANY YEARS AGO TO THE COUNTY TO SHED THE WATER. THE WATER, YOU SAY THE WATER? THE WATER ON BENITA AVENUE AND 26TH STREET. THERE WAS NO DRAINAGE THERE AND IT WOULD JUST FLOOD THE STREET. SO BACK WHEN THE COUNTY WOULD COME OUT AND THEY'RE LIKE, HEY, WHAT ARE WE GOING TO DO? AND WE COME UP WITH A PLAN. AND THEY SAID, WELL, WE NEED YOU TO GIVE US THIS EASEMENT DOWN THE SIDE OF YOUR PROPERTY, AND YOU HAVE NO PROBLEM DOING THAT. AND I HAD NO PROBLEM DOING THAT. SO YOU'VE ONLY TRIED TO IMPROVE THIS NEIGHBORHOOD. NOT. THAT'S EXACTLY RIGHT. I HAVE IMPROVED THAT NEIGHBORHOOD. LET'S LET'S TALK ABOUT SOME OF THESE PICTURES THAT WE SUBMITTED WITH THE PACKET, IF YOU COULD. MR. NOW, PLEASE DESCRIBE AS YOU STAND ON THE CORNER OF 26TH AND BONITA, WHAT YOU'RE LOOKING AT. 26 AND BONITA. YEP. YOU'RE LOOKING AT A RESIDENTIAL HOUSE. SO IF WE GO TO THIS FIRST PHOTO IN THE PACKET, I DON'T KNOW IF YOU CAN BRING THAT UP OR IF YOU ALL HAVE PACKETS. WE HAVE THEM. HAVE THEM. OKAY. I'M LOOKING AT THIS FIRST PHOTO. WHAT DO YOU WHAT DO YOU SHOW? WHAT IS THIS SHOWING? IN RED? I'M TRYING TO GET MY BEARINGS ON WHERE I'M AT DEER PARK. I'M POINTING OUT IN RED. RIGHT. THAT'S THE MY PARCEL WITH THE WAREHOUSE, WITH THE WAREHOUSE IN THE BACK AND THE RESIDENTIAL IN THE FRONT.

AND THEN WHAT ABOUT THESE YELLOW PIECES? THOSE YELLOW PIECES ARE COMMERCIAL SITES.

ONE OF THEM IS MY CONSTRUCTION OFFICE. THE OTHER ONE IS A CABINET SHOP. AND THE ONE TO THE SOUTH THERE IS GLENN STRICKLAND CONSTRUCTION, WHICH HAS BEEN THERE FOR 25, 30 YEARS.

AND THEN YOU GO TWO PROPERTIES AWAY TO THE EAST, I BELIEVE. AND WHAT IS THAT? THAT IS A FRITO-LAY WAREHOUSE THAT'S BEEN THERE OVER 50 YEARS. AND HAS THAT BEEN KNOCKED DOWN OR USED OR ABANDONED OR ANYTHING? IT'S STILL IN USE. I DON'T THINK FRITO-LAY USES IT, BUT THEY IT IS A WAREHOUSE. IT'S TWO DOORS DOWN FROM MY PROPERTY THAT I'VE BEEN. AND WE HAVE PHOTOS IN OUR PACKET DATING BACK TO AERIALS FROM 2002. YOU RECALL PUTTING THOSE IN THERE. YES. SHOWING A

[00:25:01]

WHAT ARE WE LOOKING AT HERE? WE'RE LOOKING AT THE ENTRANCE WAY TO. MY WAREHOUSE. OKAY, SO THAT WAREHOUSE HAS GOT THE BIG GARAGE DOOR AND THE TWO WINDOWS. THAT'S CORRECT. IN THE BACK. SO IT'S NOT VERY SIZABLE? NO, NOT AT ALL. OKAY. AND THEN WE'RE SITTING HERE LOOKING STREET VIEW FROM 1028 EAST 26TH STREET. WHAT IS THAT WE'RE LOOKING AT? WE'RE LOOKING AT RESIDENTIAL HOUSE THAT IS ONE DOOR DOWN TO THE EAST OF MY PROPERTY. AND THEN THE SECOND PICTURE IS THE WAREHOUSE THAT'S BEEN USED FOR COMMERCIAL USE FOR MANY, MANY YEARS. OKAY. AND THEN WE'RE HERE AT THE CORNER OF BONITA AND 26TH, AND WE'RE LOOKING ACROSS THE STREET AT YOUR PROPERTIES, COMMERCIAL PROPERTIES, COMMERCIAL PROPERTIES, RIGHT ACROSS THE STREET. AND THEN SOUTHWEST CORNER OF 26TH STREET LOOKING SOUTHWEST. WHAT ARE WE LOOKING AT? WE'RE LOOKING AT GLENN STRICKLAND'S OTHER COMMERCIAL, OTHER COMMERCIAL PROPERTY. OKAY.

AND THEN. WE'VE JUST GOT THE PROPERTY APPRAISER'S PRINT OUT. SO AS YOU'RE SITTING THERE ON THE CORNER OF THAT PROPERTY, THAT PARK PROPERTY, YOU'RE LOOKING AT THREE COMMERCIALLY ZONED PROPERTIES, ACTUALLY FOUR, FOUR, AND THEN ONE BLOCK DOWN OR ONE PARCEL AWAY IS A BIG OLD WAREHOUSE. CORRECT. OKAY. AND YOUR INTENTION TO FOR THIS PROPERTY IS TO USE IT AS A COMMERCIAL RENTAL FOR A SMALL, AFFORDABLE, AFFORDABLE COMMERCIAL RENTAL FOR A LITTLE MOM AND POPS, WHETHER IT'S CUTTING GRASS, HVAC, WHATEVER, SOME PLACE TO STORE THEIR, SOME PLACE TO STORE THEIR TOOLS AND WRITE INVOICES, RIGHT? INVOICES AND CONDUCT A BUSINESS OUT OF A.

AND IF THIS PLANNING COMMISSION WERE TO APPROVE YOUR REQUEST, YOU WOULD ABIDE BY ANY RESTRICTIONS OR CONDITIONS IMPOSED? I WOULD. AND YOU WOULD ALSO SEEK A DEVELOPMENT ORDER TO GET EVERYTHING PERMITTED AND PROPERLY APPROVED, IF THAT'S NECESSARY. YES, I PUT A LOT OF TIME AND EFFORT IN THIS AND DIDN'T REALIZE THAT WE WEREN'T IN COMPLIANCE. I WOULDN'T HAVE PUT ALL THIS TIME AND EFFORT IN THERE IF I COULDN'T HAVE DONE WHAT I WANTED TO DO WITH IT.

AND. YOU'VE DONE A LOT FOR THIS NEIGHBORHOOD, THOUGH. I'VE DONE A LOT FOR THIS WHOLE COMMUNITY.

BE HONEST WITH YOU, I'VE BUILT HOUSES IN THERE FOR 40 YEARS, AND I'VE BEEN PART OF THE SOLUTION, NOT PART OF THE PROBLEM. THANKS, MICHEL. THANK YOU. DO YOU HAVE ANY QUESTIONS FOR HIM? THE I REMEMBER I CAME OUT MET WITH YOU A COUPLE MONTHS AGO WHEN YOU FIRST STARTED LOOKING AT THIS. THE OTHER PROPERTIES YOU OWN ARE ON NORTH. BENITA. CORRECT. THERE WERE SOME OTHER HOMES YOU HAD ON THERE. HAVE THEY THEY EVER COMPLAINED ABOUT THE NOISE OR ANYTHING THERE? NO, NO. SHOULD. AND WE DIDN'T RECEIVE ANY OTHER LETTERS OF OPPOSITION FOR THIS, DID WE OR ANY AT ALL. YEAH. COULD I ASK THE QUESTION DID WE GET ANY COMPLAINTS OFF OF THE MAKING THE COMMUNITY, YOU KNOW, PUTTING THEM ON NOTICE THAT THIS WAS GOING TO HAPPEN, BUT THEY JUST SAID NO. YEAH. NO IT DIDN'T. OKAY. ANY OTHER QUESTIONS? NO I'M GOOD. I'M GOOD. THANK YOU. THANK YOU SIR. THANK YOU, THANK YOU. HOW BIG IS THE PORTION OF YOUR PROPERTY THAT'S BEING USED FOR WAREHOUSE. SO ON THE. MR. NOW IF YOU CAN SPEAK TO THIS, BUT WE HAVE IN OUR APPLICATION. I BELIEVE IT WAS LIKE A 1500 SQUARE FOOT WAREHOUSE. YOU WROTE YOU WROTE THAT OUT, DIDN'T YOU? MR. NOW, THE THE SQUARE FOOTAGE, RIGHT. YEAH. CAN YOU ANSWER. MR. QUESTION ABOUT HOW HOW BIG IT IS APPROXIMATELY? THE BUILDING IS 15, BASICALLY 1560 EIGHT SQUARE FEET. AND I'M TRYING TO FIND MY NOTES ON THE. I MEAN, IT'S LESS THAN A RIGHT AROUND A QUARTER OF AN ACRE, I WOULD SAY. I THINK THE WHOLE PROPERTY ITSELF IS THREE QUARTERS OF AN ACRE, APPROXIMATELY. AND IT'S LOW IMPACT. WE'RE NOT RUNNING A CONCRETE PLAN OUT OF IT OR ANYTHING LIKE THAT. IT'S JUST NO, NO DANCE CLUB. NO DANCE CLUB. I MEAN, I, I LIVE IN THAT

[00:30:03]

SO IS THE FRITO LAY BUILDING IN R-1 ZONING. OR IS ONE LOT OVER. YEAH. REFERRING TO THIS BUILDING HERE THEN. YES. THAT IS DESIGNATED R-1 AND. IT HAS A RESIDENTIAL LAND USE DESIGNATION. THERE ANY KNOWLEDGE AS TO WHY THE COUNTY LED. 18 YEARS ELAPSED WITHOUT EVER SENDING CODE ENFORCEMENT UP THERE BEFORE THEY DID THIS LAST TIME OR THE FIRST TIME, I GUESS I CAN'T ANSWER THAT MANY TIMES. CODE ENFORCEMENT ACTION OR INVESTIGATION IS COMPLAINT DRIVEN. WE FIND SEVERAL CASES WHERE THERE'S NON-CONFORMING USES ON PROPERTIES THAT HAVE BEEN THERE FOR A WHILE, JUST BECAUSE CODE ENFORCEMENT DIDN'T KNOW ABOUT THEM UNTIL THEY WERE NOTIFIED. THERE WAS NO COMPLAINT ISSUED FOR 18 YEARS. AND I KNOW THAT'S NOT YOUR DEPARTMENT, WAYNE. I'M NOT THROWING ROCKS AT YOU. I'M JUST CURIOUS IF ANYBODY EVER IF ANYBODY CAN ANSWER THAT QUESTION, IT SEEMS LIKE A MIGHTY LONG TIME TO ALLOW THIS GENTLEMAN TO DO THAT AND THE PRIOR OWNER TO DO IT. ALL OF A SUDDEN THEY START THIS PROCESS, AND NOW HERE WE GO. YOU KNOW THAT. WELL, IT WAS MY UNDERSTANDING THAT THIS WAS BROUGHT TO CODE ENFORCEMENT'S ATTENTION BY OUR UTILITIES DEPARTMENT. WHEN MR. NOW REQUESTED A COMMERCIAL WATER METER TO BE INSTALLED. GOTCHA, GOTCHA. BUT I MAYBE YOU MAY WANT TO HAVE THE APPLICANT VERIFY THAT, BUT THAT WAS MY UNDERSTANDING. THAT MAKES SENSE.

THANK YOU. SO WHAT HAPPENS WITH LIKE THE FRITO-LAY BUILDING NOW THAT WE KNOW THAT, DO THEY GET SENT. I'M SORRY. CAN YOU REPEAT THAT? WHAT HAPPENS WITH THE FRITO-LAY BUILDING NOW THAT WE KNOW IT'S COMMERCIAL ON A RESIDENTIAL. SO WE HAVE A LOT OF LEGAL EXISTING NON-CONFORMING USES, USES THAT EXISTED PRIOR TO OUR CURRENT LAND DEVELOPMENT REGULATIONS, RIGHT, WHICH WERE ADOPTED IN 2004. IF THIS USE WAS ESTABLISHED PRIOR TO THEN, WHILE NON-CONFORMING, IT'S ALLOWED TO CONTINUE BASED ON THAT THAT STATUS. AS THIS USE APPEARS TO ACCORDING TO MR. NOW BEGAN AROUND 2006. THAT DOES NOT PREDATE OUR EXISTING LAND DEVELOPMENT REGULATION. SO IT WOULD NOT BE CONSISTENT CONSIDERED AN EXISTING LEGAL NONCONFORMING USE BY DEFINITION OF OUR LAND DEVELOPMENT REGULATION. OKAY, ONE OTHER THING. WE'RE. THIS CONDITIONAL USE JUST STOPS WITH THIS PLANNING BOARD. IT DOESN'T GO TO IT'S NOT APPEALABLE TO THE COUNTY COMMISSION. IS THAT CORRECT? NO. THE DECISION OF THIS COMMISSION CAN BE APPEALED TO THE TO THE BOARD. OKAY. BUT YOUR DECISION IS FINAL. SO IT REQUIRES A DISCRETIONARY APPEAL. OKAY. SO OUR DECISION IS FINAL. OKAY. I DON'T HAVE ANY OTHER QUESTIONS OTHER THAN JUST. DIFFICULT. BASEBALL KID. FOR A LONG PERIOD OF TIME, A LONG TIME WITHOUT COMPLAINT. AND HE'S MADE CONCESSIONS THAT HE WOULD NOT START UP ANYTHING BEFORE REASONABLE MORNING HOURS AND NOT EXTENDING THEM PAST REASONABLE EVENING HOURS. BRIAN, I DON'T KNOW WHAT'S THE PROCESS OF ESTABLISHING SOME KIND OF PARAMETERS, RAILS, IF YOU WILL, TO TO ENSURE THAT THAT SO IF YOU IF THE BOARD WANTS TO APPROVE THE CONDITIONAL USE.

THE MOTION TO APPROVE. IT CAN CAN INCLUDE WHATEVER CONDITIONS YOU WANT TO PLACE ON IT. CAN

[00:35:02]

THANK YOU VERY MUCH. THANK YOU. YEAH. I MEAN, I'VE BEEN OUT THERE AND LOOKED AT IT. IT'S IT'S THE ONLY, I'D SAY THE ONLY THING I WOULD WANT TO EXCLUDE IN THERE IS LIKE ANY KIND OF LOUD BUSINESS. LIKE, I MEAN, IT'S A SMALLER WAREHOUSE. I DON'T THINK LIKE AN AUTO BODY SHOP OR ANYTHING IS GOING TO MOVE IN THERE ANYTIME SOON. BUT THAT WOULD BE THE ONLY THING I WOULD SAY IN THERE IS JUST LIMIT IT TO LIKE WHAT IT'S BEING USED FOR. CURRENTLY SMALLER, QUIET OPERATIONS, PRETTY MUCH JUST STORAGE FOR TOOLS AND TRUCKS AND WHATEVER.

SO THE SPECIFIC SPECIFIC REQUEST FOR USE IS A CONSTRUCTION TRADE BUSINESS.

YEAH, I'M GOOD WITH THAT. IS THAT A MOTION? WELL, LET'S, LET'S TALK ABOUT OTHER POTENTIAL LIMITATIONS. I LIKE WHERE YOU'RE GOING AND I WANT TO HELP THIS GENTLEMAN OUT MYSELF. I'M GOING TO LEAVE IT AMBIGUOUS WHERE WE GOTTA RIGHT, MAKE A LITTLE BIT OF A LIST HERE SO WE CAN MAKE A MOTION THAT WORKS. LIMIT THE SIZE NON-EXPANSION OF THE CURRENT FOOTPRINT. SO IF THEY IF THEY WANT TO EXPAND, DO THEY WANT TO DO SOMETHING? THEY CAN DO A, THEY CAN DO A LAND USE AND ZONING CHANGE, GO TO COMMERCIAL. AND THEN THAT CONDITION WOULD, IF THEY GOT THAT APPROVED, THEN THEY COULD EXPAND AND DO IT. THAT'S NOTHING GOING TO PROHIBIT THEM IF THEY WANTED TO SEEK THE LAND USE AND ZONING CHANGE AND IT WERE TO BE APPROVED, AND THAT WOULD ALLOW EXPANSION. AND THEN THE CONDITIONAL USE IS NULL AND VOID THEN, BECAUSE THEN IT WOULD MATCH WELL, IT WOULD NO LONGER BE NEEDED. WELL, SO THE CONDITIONS WE PUT ON, IF THEY DID CHANGE THE ZONING, THAT WOULD, THAT WOULD JUST, YOU KNOW, GO AWAY. CORRECT. THE CONDITIONAL USE IS TIED TO THE CURRENT ZONING. SO THE CURRENT TIED TO CURRENT ZONING. YEAH, YEAH. WE'RE TALKING ABOUT NON EXPANSION OF THE FOOTPRINT REMAINING A CONSTRUCTION RELATED BUSINESS. HOURS OF OPERATION HOURS OF OPERATION, STANDARD BUSINESS HOURS LIKE 7 TO 5. ON THAT 6 TO 6 IS MORE CONSTRUCTION 6 TO 6. THAT'S YEAH, I'M LETTING MY OCCUPATION SWAY ME THERE. BUT I DO WORK ON SUNDAYS AND HOURS OF OPERATION THOUGH. I MEAN, IT'S WHAT DOES THAT MEAN? ARE THEY NOT ALLOWED TO STEP FOOT ON THAT PROPERTY BETWEEN THOSE HOURS? OR CAN HE GO AND PICK UP HIS TRUCKS AND GO TO WORK AT FIVE IN THE MORNING? THAT'S I MEAN, IF HE'S. YEAH, YEAH. WEEKDAYS AGAIN IS IT WHAT IS THE OPERATIONAL

[00:40:09]

THEREFORE, STAFF RECOMMENDS THE COMMISSION FIND THE PROPOSED AMENDMENT CONSISTENT WITH THE COMPREHENSIVE PLAN. FIND THE PROPOSED ZONE CHANGE CONSISTENT WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS, AND FORWARD A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE THE PROPOSED LAND USE AND ZONE CHANGE. WE DID RECEIVE TWO

[00:45:05]

NOT FOR ME. THIS TIME. WE'LL HEAR FROM THE APPLICANT. GOOD AFTERNOON. I'M ROWAN. ADDRESS IS 558 HARRISON AVENUE. I'M HERE ON BEHALF OF THE APPLICANT. GENERALLY, I TRY TO NOT SAY TOO MUCH IF I DON'T HAVE TO. THE STAFF GAVE THEIR REPORT. WE ARE, I GUESS, PLEASED AND IN SUPPORT OF THE COMMISSION'S, I GUESS, APPROVAL OF STAFF'S RECOMMENDATION TO CHANGE THE ZONING. WE DESIGNATED THIS PROPERTY TO GENERAL GENERAL COMMERCIAL THREE A. IT REALLY.

IT ALIGNS WITH THE FUTURE LAND USE MAP. IT'S WITH FUNCTIONAL CLASSIFICATION OF THE ROADWAY AND REALLY THE PREVAILING TRENDING, YOU KNOW, COMMERCIAL NATURE OF ALL OF THAT AREA. SO WE ASKED FOR THE COMMISSION'S CONSIDERATION. QUESTIONS. OKAY. THANK YOU. THIS TIME WE'LL OPEN UP PUBLIC PARTICIPATION. BY THE WAY, PAM DIDI WAS SWORN IN. I SAW HER BEING SWORN IN. SHE WAS SWORN IN. I SAW HIM, OKAY. HER NAME AND ADDRESS, PLEASE. MIRIAM BERTO, 13807 FIDDLER'S GREEN ROAD. I'M DIRECTLY BEHIND THAT PROPERTY. WERE YOU SWORN IN, MA'AM? YES, I WAS. I JUST SAID MY NAME. I RESPECTFULLY ASK THAT YOU DENY THIS FUTURE LAND USE AND ZONING CHANGE. THE APPLICANT KEEPS DESCRIBING THIS AS A HIGHWAY CORRIDOR PARCEL, BUT THAT LEAVES OUT THE MOST IMPORTANT FACT. THIS IS A LONG, NARROW SIX ACRE TRACK WITH ONLY ABOUT 210FT OF FRONTAGE ON HIGHWAY 77, AND EXTENDS DEEPLY INTO AN ESTABLISHED RESIDENTIAL AREA. IN OTHER WORDS, THEY'RE ASKING THE COUNTY TO USE A RELATIVELY SMALL AMOUNT OF HIGHWAY FRONTAGE TO JUSTIFY COMMERCIAL ENTITLEMENTS FOR AN ENTIRE TRACT THAT HAS FAR MORE RELATIONSHIP TO THE HOMES BEHIND IT THAN IT TO THE HIGHWAY. THE APPLICANT'S OWN MATERIALS SAY THE ADJACENT ZONING IS R TWO TO THE NORTH, SOUTH AND EAST, WITH COMMERCIAL ONLY TO THE WEST. SO THIS PARCEL IS ADJACENT TO RESIDENTIAL ZONING ON THREE SIDES. ALSO, BAY COUNTY'S FUTURE LAND USE MAP IS A LONG RANGE PLANNING TOOL. IT'S NOT A CRYSTAL BALL. IT JUST. IT DOES NOT TURN CURRENTLY OCCUPIED HOMES INTO COMMERCIAL PROPERTY. TODAY, THERE ARE REAL HOMES AND FAMILIES LIVING AROUND THIS PARCEL RIGHT NOW, AND COMPATIBILITY SHOULD BE JUDGED BASED ON THE NEIGHBORHOOD THAT ACTUALLY EXISTS TODAY, NOT SPECULATION ABOUT WHAT MIGHT HAPPEN SOMEDAY. THIS PARCEL IS CURRENTLY WOODED AND VACANT, WHICH PROVIDES A REAL BUFFER FOR THE HOMES BEHIND IT. ME AND THE APPLICATION STILL DOES NOT IDENTIFY A FIXED SPECIFIC PROJECT. IT REFERENCES A MARINE CONSTRUCTION AND LAND CLEARING OFFICE, BUT ALSO SUGGESTS MAYBE MAYBE A GROCERY STORE, MAYBE A SMALL COMMERCIAL STRIP IN THE FUTURE. WITHOUT A SPECIFIC PLAN, THE IMPACTS CANNOT BE FULLY EVALUATED. FOR THESE REASONS, I RESPECTFULLY ASK THAT YOU DENY THIS REQUEST OR AT MINIMUM, CONTINUE IT WITH UNTIL A SPECIFIC PLAN AND FULL COMPATIBILITY COMPATIBILITY ANALYSIS ARE PROVIDED. THANK YOU, THANK YOU. ANY QUESTIONS? THANK YOU. THANK YOU. ANYONE ELSE FROM THE PUBLIC WANT TO SPEAK ON THIS? ANYONE FROM THE PUBLIC OR CLOSE PUBLIC PARTICIPATION. DOES THE APPLICANT WANT TO REBUT THAT? ON THE AERIAL LAYER? I JUST ADD TWO THINGS. NUMBER ONE, I FAILED TO MENTION THAT WE DID GET A PHONE CALL FROM MISS LINDA DEMI, WHO I BELIEVE OWNS 3 OR 4 PARCELS, I THINK TO THE NORTH ON ON THE MAP. BUT ANYWAY, HER CALL WAS TO SAY THAT SHE ALREADY THOUGHT IT WAS ALL COMMERCIAL. I THINK ONE OF HER PARCELS IS ACTUALLY ALREADY ZONED GENERAL COMMERCIAL. THE OTHER THING IS JUST, OF COURSE, TO REMIND THE COMMISSION THAT ANY FUTURE DEVELOPMENT WILL HAVE TO MEET BAY COUNTY LAND DEVELOPMENT STANDARDS IN TERMS OF BUFFERING, LANDSCAPE, STORMWATER MANAGEMENT, ALL OF THAT WILL HAVE TO BE TAKEN INTO CONSIDERATION. THE PRESENT INTENTION IS TO HAVE A SMALL OFFICE FOR THIS BUSINESS. IT IS THE APPLICANT'S NIECE, I GUESS, INTENDS TO PUT HER BUSINESS THERE, BUT TO DETERMINE IF AT SOME POINT IT WOULD BE FEASIBLE

[00:50:01]

AND THEN IF IT CHANGES AND CHANGES. OKAY. WELL THAT'S CLEARLY WHAT'S COMING IN THAT CORRIDOR. LET ME GET IN THE MIDDLE OF ANY MORE DISCUSSION BEFORE I MAKE A MOTION. FIRE AWAY. YEAH. I MOVED TO ACCEPT STAFF'S RECOMMENDATION AND APPROVE IT. SECOND, WE HAVE A MOTION, AND SECOND, CALL THE ROLL, PLEASE, MR. CHRISTIE. YES, MA'AM. MR. DAFFERN. YES, MA'AM.

MR. CARTER. YES, MA'AM. MR. HONEYCUTT. YES, MA'AM. NEXT ITEM. ITEM NUMBER THREE. THE COMMISSION TO CONDUCT A QUASI JUDICIAL PUBLIC HEARING. PLDPA20260043. AND PLEASE CC A2026044 TO CONSIDER. QUEST TO CHANGE THE FUTURE LAND USE DESIGNATION. APPROXIMATELY 28.4 ACRES FROM CONSERVATION, HABITATION AND INDUSTRIAL TO BUSINESS CENTER AND CHANGE THE ZONING FROM IND TO INDUSTRIAL TO BC BUSINESS CENTER PROPERTY IS LOCATED IN THE NORTHWEST CORNER OF HIGHWAY 79, STILL HILL ROAD AND WEST BAY AREA. ANY EX PARTE COMMUNICATION? NO, SIR, NONE FOR ME. STAFF PRESENTATION. WAYNE. THANK YOU, MR. CHAIRMAN. AS STATED, THE APPLICANT IS REQUESTING APPROVAL OF A SMALL SCALE AMENDMENT TO CHANGE THE LAND USE DESIGNATION OF APPROXIMATELY 28.4 ACRES FROM CONSERVATION, HABITATION AND INDUSTRIAL TO BUSINESS CENTER. THE APPLICANT ALSO HAS REQUESTED A CHANGE OF ZONING OF THE PROPERTY FROM IND2 INDUSTRIAL TO THE BC BUSINESS CENTER ZONE PROPERTY IS LOCATED ON STOUFFVILLE ROAD, APPROXIMATELY 250FT FROM THE NORTHWEST CORNER OF STOUFFVILLE ROAD AND HIGHWAY 79 IN THE WEST BAY AREA. THIS PROPERTY CURRENTLY HAS AN IND TWO INDUSTRIAL ZONING DESIGNATION. THE PROPOSED BUSINESS CENTER, LAND USE AND ZONING DESIGNATION REPRESENTS A DOWN ZONING OF THE PROPERTY THAT IS MORE CONSISTENT WITH THE COMMERCIAL AND RESIDENTIAL MIXED USES THAT EXIST WITHIN THE IMMEDIATE AREA. THE PROPOSED LAND USE AND ZONING DESIGNATIONS WOULD PROVIDE FOR LAND USES THAT COULD SERVE TO SUPPORT THE LOCAL COMMUNITY, AS WELL AS THE OVERALL NEEDS OF THE COUNTY, OVERALL NEEDS OF ALL COUNTY PROPERTY OWNERS AND VISITORS WITHIN THE BAY WALTON SECTOR PLAN, THERE IS EXISTING BUSINESS CENTER LAND USE AND ZONING DESIGNATIONS LOCATED WITHIN A THREE MILE RADIUS.

STAFF FEELS THE REQUESTED AMENDMENT IS COMPATIBLE WITH CONSISTENT WITH THE SURROUNDING AREA. IT'S THEREFORE RECOMMENDED THAT YOU FIND THE PROPOSED SMALL SCALE AMENDMENT CONSISTENT WITH THE COMPREHENSIVE PLAN. FIND THE PROPOSED ZONE CHANGE CONSISTENT WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS, AND FORWARD A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE THE PROPOSED LAND USE ZONE CHANGE.

WE HAVE NOT RECEIVED ANY PUBLIC COMMENT REGARDING THIS ITEM. I'M HERE TO ANSWER ANY QUESTIONS. OKAY. ANY QUESTIONS? NONE FOR ME. STAFF PRESENTATION. WE'RE HERE FOR THE APPLICANT PRESENTATION, PLEASE. GOOD AFTERNOON. MIKE BURKE, 221 MACKENZIE AVENUE. I'M HERE ON BEHALF OF THE APPLICANT, SAGE LUMBER AND BRICKS ONE, LLC. AND MISS ROWAN DID SUCH A GOOD JOB A MOMENT AGO. NOT SAYING ANYTHING. I'M GOING TO FOLLOW THAT. I'M GOING TO FOLLOW THAT PATH. AND IF YOU HAVE ANY QUESTIONS FOR ME, I'LL BE GLAD TO STAND UP AND HAVE HER ANSWER

[00:55:03]

ANYONE? YES SIR. NONE FOR ME. STAFF PRESENTATION. ALL RIGHT. WELL, GOOD AFTERNOON. BO HAYNER, STAFF PLANNER. I HAVE BEEN SWORN THE APPLICANT IS REQUESTING APPROVAL OF A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN. FUTURE LAND USE MAP TO CHANGE THE LAND USE DESIGNATION. APPROXIMATELY 1.53 ACRES FROM RESIDENTIAL TO GENERAL COMMERCIAL. THE APPLICANT IS ALSO REQUESTING A CHANGE OF ZONING OF THE PROPERTY FROM R TWO SINGLE FAMILY DUPLEX DWELLING TO C THREE A GENERAL COMMERCIAL LOW. THE PROPERTY IS LOCATED AT 2630 HIGHWAY 2321 IN THE SOUTHPORT AREA. THE SUBJECT PROPERTY IS LOCATED ON HIGHWAY 2321, WHICH IS DESIGNATED AS A COLLECTOR ROADWAY. IN THE COMPREHENSIVE PLANS. TRANSPORTATION.

TRANSPORTATION ELEMENT. EXCUSE ME AND IS APPROPRIATE FOR GENERAL COMMERCIAL C THREE ZONING ADJACENT PROPERTIES TO THE WEST ARE C ONE COMMERCIAL AND TO THE EAST PROPERTIES ARE ZONED C THREE ADDITIONAL C THREE ZONING EXISTS TO THE NORTH AND TO THE EAST ALONG HIGHWAY 2321, REFLECTING AN ESTABLISHED COMMERCIAL CORRIDOR. THE PROPERTY MEETS THE BULK REGULATION REQUIREMENTS OF THE LDR. TABLE 6.1 STAFF RECOMMENDATION. THEREFORE, WE RECOMMEND THAT THE COMMISSION FIND THAT THE PROPOSED SMALL SCALE AMENDMENT TO THE BAY COUNTY FUTURE LAND USE MAP, CONSISTENT WITH THE COMPREHENSIVE PLAN. WE ALSO FIND THAT THE PROPOSED ZONE CHANGE IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS, AND YOU FORWARD THE RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO BE APPROVED. AND THE ONLY OPPOSITION THAT WE RECEIVED ON THIS WAS WE HAD ONE PHONE CALL AND WE DID GET ONE EMAIL, AND THAT CAME IN TODAY SPECIFIC TO THE TRAFFIC ALONG BAY CREST ROAD THERE. OKAY. WERE THOSE FROM ADJACENT LANDOWNERS? YES, BUT THE EMAIL THERE WAS A LANDOWNER THAT SAYS THEY LIVE RIGHT ALONG BAY CREST ROAD. AND THAT PHONE CALL THAT WE GOT, I RECEIVED THAT PHONE CALL. HE IS ALSO A PROPERTY OWNER ALONG CREST ROAD. AND AGAIN, PRIMARY CONCERNS THERE WERE COMMERCIAL ACCESS FROM BAY CREST ROAD. OKAY. ANY QUESTIONS? OKAY. THANK YOU, THANK YOU. THIS TIME WE'LL HEAR FROM THE APPLICANT. TRAVIS KEENAN 1208 HUNTINGTON RIDGE ROAD, LYNNHAVEN. THE OWNER OF THE PROPERTY. BASICALLY, I HAVE THE PROPERTY TO THE WEST AND ALL I'M DOING IS FUTURE EXPANSION FOR OUR CURRENT BUSINESS. WE'RE KIND OF ON A SMALL SPOT NOW WITH TRUCKS AND EVERYTHING ELSE. TO BE ABLE TO SPREAD OUT A LITTLE BIT MORE, PUT A BUILDING THERE, SPREAD THE BUILDING OUT. THAT'S ALL IT IS. Y'ALL HAVE A LITTLE STORAGE AREA FOR OTHER STUFF. DO YOU ACCESS BAY CREST ROAD CURRENTLY? DO WE CURRENTLY GO ALL THE WAY THROUGH? OKAY, SO WE MOSTLY USE 2321. OKAY. ANYBODY HAVE ANY QUESTIONS? IS THE PRIMARY ACCESS? 2321 YES. WHAT'S THE WHAT IS THE BUSINESS BENEFIT? OKAY, OKAY, OKAY.

THANKS. THANK YOU. ANYONE FROM THE PUBLIC WANT TO SPEAK ON THIS? ANYONE FROM THE PUBLIC SEEING NONE, WE'LL CLOSE PUBLIC PARTICIPATION. GO TO COMMISSION DISCUSSION. MAKE SENSE TO ME?

[01:00:02]

FIND THE PROPOSED AMENDMENTS CONSISTENT WITH THE COMPREHENSIVE PLAN AND FORWARD A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE THE PROPOSED AMENDMENTS.

WE HAVE NOT RECEIVED ANY PUBLIC COMMENT REGARDING THIS ITEM. ANY QUESTIONS? AND THIS IS THIS ONE'S GOT THE RED LINES IN IT. YEAH, BECAUSE I LOOK THROUGH THE OTHER ONE. I WAS LIKE, I COULDN'T SEE HOW YOU SAVE IT PDF. OVER THERE. OKAY. YEAH. OKAY. SO THIS TIME WE'LL GO TO PUBLIC PARTICIPATION, SEE IF ANYONE FROM THE PUBLIC WANTS TO SPEAK ON THIS. THERE'S NO ONE FROM PUBLIC PARTICIPATION. WE'RE GOING TO COMMISSION DISCUSSION AND ACTION. MOTION TO APPROVE. SECOND, WE HAVE MOTION. SECOND, CALL THE ROLL, PLEASE, MR. CHRISTIE. YES, MA'AM. YES, MA'AM. MR. CARTER? YES, MA'AM. MR. YES, MA'AM. ITEM SIX, THE COMMISSION TO CONDUCT A LEGISLATIVE. PUBLIC HEARING. PLDR20260039. TO CONSIDER. REQUEST TO REVISE CHAPTER THREE. ZONING ADMINISTRATION AND CHAPTER SEVEN CONSERVATION ZONES FOR THE BAY COUNTY LAND DEVELOPMENT REGULATIONS. TO REVISE THE TITLE OF THE CSV CONSERVATION HABITAT HABITATION ZONING CATEGORY STAFF PRESENTATION. WAYNE PORTER THANK YOU, MR. CHAIRMAN. THIS REQUEST AGAIN IS RELATED TO THE. THE AMENDMENTS PROPOSED TO THE COMPREHENSIVE PLAN. YOU JUST HEARD. AGAIN, STAFF IS PROPOSING A MINOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS. THE PROPOSED REVISIONS TO CHAPTER THREE AND CHAPTER SEVEN REVISE THE TITLE OF THE CONSERVATION, HABITATION OR ZONING DISTRICT TO CONSERVATION RESIDENTIAL OR C R E S. THE PURPOSE OF THE REVISION IS TO PROVIDE A MORE TRANSPARENT UNDERSTANDING OF THE ALLOWABLE USES WITHIN THE ZONING DESIGNATION, SO THAT FILLS. THE REQUEST IS COMPATIBLE WITH THE COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT REGULATIONS.

THEREFORE, STAFF RECOMMENDS YOU CONDUCT A PUBLIC HEARING AND FIND THE PROPOSED AMENDMENTS CONSISTENT WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS, AND FORWARD A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE THE PROPOSED AMENDMENTS. AGAIN, WE DID NOT RECEIVE ANY PUBLIC COMMENT REGARDING THIS ITEM. OKAY.

THANK YOU. THANK YOU WAYNE. THIS TIME, PUBLIC PARTICIPATION. ANYONE FROM THE PUBLIC WANT TO SPEAK ON THIS? THERE'S NO ONE HERE. I'LL CLOSE PUBLIC PARTICIPATION AND GO TO COMMISSION DISCUSSION. GOOD TO ME. YEP. MOVE TO ACCEPT AND FORWARD FOR APPROVAL. SECOND, WE HAVE MOTION. SECOND, CALL THE ROLL, PLEASE. MR. YES, MA'AM. YES, MA'AM. MR. CARTER.

YES, MA'AM. MR. YES, MA'AM. NEXT TIME IS COMMISSION MEMBER ITEMS. WE NEED TO VOTE ON

[F. Commission Member Items ]

LIKE THE X PART. OKAY. ABSO

* This transcript was compiled from uncorrected Closed Captioning.