Beth Tate

BOCC

Summary of the November 21 St. Johns County Board of County Commissioner’s Meeting

Posted on November 25, 2023November 25, 2023 by Beth Tate

Tuesday was a busy and interesting day for the County Commissioners!

The day started with the annual Re-Organizational meeting. This is the meeting when the Chair and Vice-Chair for the upcoming year are elected by the sitting Board Members. As anticipated, Commissioner Sarah Arnold, who has served as Vice-Chair for the past year, was elevated to Chair. The question of the morning was who would be selected as Vice-Chair. Commissioner Roy Alaimo was elected to that position.

After a 10-minute recess, allowing the Board time to re-organize on the dais, the Regular meeting began.

Proclamations

A Certificate of Recognition was presented to Westminster St. Augustine receiving the Gold Seal Award for Excellence in Long Term Care.

A Proclamation recognizing national Hospice and Palliative Care Month was presented by Commissioner Whitehurst and received by Haven Hopice.

Public Safety Update

Chief McGhee from the St. Johns County Fire Rescue highlighted the Firefighters for Families charity run by the firefighters. This year they are providing assistance to 293 families (722 children) during the Christmas season. During their recent Golf Tournament at Marsh Creek they raised $7,000 to support the program. Between now and Christmas they will be accepting donations of toys for gifts to the children. They will also be sponsoring gift wrapping days. Watch their social media pages for opportunities to participate.

Director Beaver from SJSO – highlighted that the county is on a projected path to significantly reduce traffic crashes in the county. They will have lots of cars out and about to keep on eye on high traffic areas, like 16 and I-95. They ask for drivers to be vigilant and patient.

Consent Agenda

Administrator Joy Andrews asked to move items Item 5 & 6 from the Consent Agenda to the Regular Agenda and to postpone Consent Agenda Item 9 to a December meeting.

There was some confusion about the deadline to respond to Consent Agenda Item 9 and it was also moved to the Regular Agenda.

Regular Agenda

Agenda Item 1 – Sheriff’s Office Proposed Settlement Agreement to Civil Case

Presented by the SJSO Legal Council, Matt Cline, this item is about the settlement of a civil case filed against St. Johns County Sheriff’s Office on March 25, 2020. An automobile accident occurred on SR 16 when a deputy sheriff in a marked patrol vehicle pulled in front of a motorcyclist causing serious bodily injury. The net settlement amount is $6.3 million after Sheriff’s Office insurance coverage of $200,000.

This is NOT a request to approve a payment. This is a request to approve the Sheriff to enter negotiations on the settlement. A “Claims Bill” has been filed in the Florida Legislature, Senate Bill 10.

Mr. Cline did not go into specifics of the case. If a settlement is not reached, this could go to a jury trial and the potential jury pool could have access to discussions in the Commissioner’s meeting.

You can watch the video at this link: SJSO Proposed Settlement

The Florida Legislature Relief Claims Bill is at this link: Relief Claims Bill – Perez

The motion to approve the sheriff to enter negotiations on the settlement was approved 5-0. The matter will come back to the Board for final approval pending the negotiations and the outcome of the Florida Legislature Claims Relief Bill.

Agenda Items 1a and 1b (Formerly Consent Agenda Items 5 & 6)

These items are for the transfer of impact free credits from Twin Creeks DRI to The Fountains and to the 2020 SR 16 PUD.

These items were moved to the Regular Agenda because there are still outstanding comments from staff on the “as builts” that need to be addressed before the credits can be awarded.

Passed 5-0

Agenda item 2 was an exciting presentation from County Administrator Joy Andrews introducing a framework “aimed at enhancing open governance and operational efficiency within the County.”

Included in the presentation was a new organizational chart for the county and descriptions of the new functions.

The presentation demonstrated how Ms. Andrews is working on updating the way the county operates as she institutes transparency and efficiency into the county operations.

Here are a few slides from her presentation:

View the presentation materials here: New Framework

View her presentation here: Andrews Video presentation

Agenda item 3 was an update from the County Consultant hired to coordinate the Comprehensive Plan update.

You can view the presentation here. Consultant presentation video – Comprehensive Plan Update

You can access the Comprehensive Plan Update website here: Inspire County Website You’ll want to bookmark that and refer to the schedule and surveys over the coming months.

Take the Listening survey here: Listen and Learn Survey

Agenda Item 5 – St. Marks Industrial – This request is to rezone 13.26 acres of land from Open Rural to Industrial Warehousing. It was approved by the PZA 5-0. The parcel is designated Industrial on the Future Land Use Map.

The project has an anchor tenant of Vermeer Southeast.

From an article in the Jacksonville Business Journal,

“Headquartered in Orlando, Vermeer Southeast is a full-service dealer of Vermeer industrial equipment across Florida, Georgia and Alabama.

According to its website, the company has Florida store locations in Boynton Beach, Clearwater, Fort Myers, Jacksonville, Miami, Orlando and Pensacola. Georgia locations include Buford, Marietta and Savannah. It Alabama location is in Birmingham. Vermeer Southeast also serves the Bahamas, Turks and Caicos, the Cayman Islands and Bermuda as Vermeer Islands.”

Commissioner Dean asked questions about the plans for improving International Golf Parkway because it is a 2 lane road at that access point. Dick D’Souza, Assistant Director of Growth Management provided information that there is an obligation from the St. Johns DRI to improve that roadway and they are close to the “trip count” trigger to start those improvements. The improvements include widening the travel lanes and the shoulders. Additionally, there is a Public Works project to improve the curve on IGP, making it more gradual, to address concerns about the sharp curve and dangerous speeds.

The request was approved 4-1.

Agenda Item 6 – Orchard Park Phase 3

This was a request with a twist. It is the final approval for the Orchard Park PUD with an option to have the county maintain the access road. The motion that was presented and approved 4-1 (Joseph voting no) was for the Homeowner’s Association to maintain the access road, rather than the County.

“APPLICATION SUMMARY This project consists of 23.7 acres and 128 single-family townhome lots. The road rights of way designated as Gentle Fern Drive, Pittman Court and Beach Palm Court are proposed to be dedicated to St. Johns County. Per the Orchard Park II PUD (Ordinance 2022-27), the internal roadways may be publicly owned and maintained, at the County’s sole discretion. Orchard Park Phase 1 & 2 are within the Treaty Ground Planned Unit Development. Phase 3 is an addition to the existing Orchard Park community; however, it accesses directly to Wildwood Drive and does not connect to previous phases. This is the first and only plat within the Orchard Park II Development and has been found to be in compliance with the Orchard Park II Planned Unit Development. This project proposes parking within the right of way; therefore, if the Board of County Commissioners approves this plat with St. Johns County dedicated roads, a maintenance agreement will need to be executed prior to as-built approval in a form acceptable to St. Johns County.”

Agenda Item 7 – FEMA Public Assistance for Hurricanes Ian and Nicole, specifically South Ponte Vedra Beach.

The motion below was approved 5-0.

Agenda Item 9 – First Reading of Proposed Amendment to St. Johns County Ordinance regulating the operation of Golf Carts, Low Speed Vehicles, and Minitrucks within St. Johns County

This was the reading of the change of the county ordinance to align with the new Florida law that went into effect October 1, 2023.

Agenda Item 10 – First Reading of Proposed Amendment to St. Johns County Ordinance regarding St. Johns County Affordable Housing Advisory Committee

Interesting discussion about this amendment. These are statutory categories that the county must include because of State Statutes. Commissioner Joseph expressed concerns about the use of these categories and wanted to change some of them. The attorney explained that because they are required in order to receive SHIP (State Housing Initiatives Partnership) funding, the county cannot change them.

You can learn more about SHIP funding here: SHIP Website

It was also interesting to see members of the public take this opportunity to speak up against Affordable Housing in St. Johns County.

Agenda Item 11 – Proposed Settlement of Southeast Development Partners, LLC v. St. Johns County State Court Litigation

This was a request from the County Attorney’s office:

“St. Johns County (“County”) is currently defendant in Case No. CA23-1265 in the Circuit Court in and for St. Johns County, filed by Southeast Development Partners, LLC (“Southeast”), relating to certain record requests. The County has defended, and continues to defend, its responses as consistent with Florida law. Pursuant to court order, the parties participated in mediation on October 30, 2023, and produced a tentative mediated settlement agreement, subject to approval of the Board of County Commissioners, to avoid the costs and uncertainty of further litigation of this matter. A copy of the mediated settlement agreement is attached to this agenda item for review and consideration. (This proposed settlement does not resolve the pending federal litigation regarding Southeast’s concurrency obligations.)”

Commissioner Arnold expressed concerns that this settlement could set a precedent for other cases. After discussion at the Board, a motion to deny approval of the settlement was approved 4-1 (Joseph being the nay vote.)

Agenda Item 12 – Consider 4 appointments to the Land Acquisition Management (LAMP) Conservation Board.

Commissioner Dean made a motion to reappoint Shorty Robbins, Wayne Flowers, and J. B. Miller to the LAMP Board. This was approved 5-0.

The LAMP Board had recommended appointing Nicole Crosby for the 4^th open position on the Board.

Commissioner Dean made a motion to appoint Anila Lahiri for the 4^th position. This was approved 4-1 with Commissioner Joseph being the Nay vote.

Consent Agenda Item 9 – A Resolution authorizing the County Administrator, or designee, to terminate the Purchase and Sale Agreement dated September 8, 2023 between 400 Orange Ave, LLC and St. Johns County, Florida.

This item had been pulled from the Consent Agenda and moved to the last item to give staff time to do additional research.

The concern that led to the request to terminate the sales agreement was the discovery of decomposing barrels of agricultural chemicals on the property. This would require an additional environmental study to determine if the county would need to perform clean-up of the property. In addition, they would need to perform a new boundary survey which would have additional cost to the county.

The seller’s representative spoke and they believe the barrels are fertilizer. They are not opposed to an extension of the selling and inspection period for the property.

After discussion and public comment, the Board approved, 4-1, (Joseph voting no) to extend the inspection period and perform a Stage 2 Environmental Study.

Commissioner’s Reports

Commissioner’s Reports got very interesting very fast.

Commissioner Joseph led off with what she called a “public service announcement.” She read from a prepared statement, listing various items that she has championed, then pointed out there is an election in 2024.

She was stopped on a Point of Order raised by Commissioner Dean. Commissioner Dean asked the County Attorney if she could make a political speech during an official County Commissioner Meeting.

I recommend watching the entire exchange at this link: Commissioner’s Reports

There were no Attorney or Administrator reports.

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What’s on the Agenda for the November 21, St. Johns County Board of County Commissioner’s Meeting?

Posted on November 18, 2023November 18, 2023 by Beth Tate

All regular County Commissioner meetings are the first and third Tuesdays of the Month in the County Auditorium at 500 San Sebastian View.

The BOCC Agenda for November 21 is packed with 12 items, some of which may be lengthy discussion items.

The meeting Tuesday is posted as 2 separate meetings with the first one being the “Reorganizational Meeting” for the Board. This is the normal process of electing the Chair and Vice-Chair for the coming year.

Following the Re-organizational Meeting, they will begin the Board of County Commissioner’s Meeting.

Full Agenda is here: November 21 BOCC Agenda

Consent Agenda

There are 22 items on the consent Agenda. Here are a few of interest:

Consent Agenda item 7 is a lease agreement for additional space for the county to provide services at 16 and N. 5^th Street.

Consent Agenda Item 9 is to terminate a sales agreement for land recommended to be purchase through the LAMP program. Consent Agenda Item 9

The purchase and sale agreement was initiated September 8 for 30 acres of land off of 13 South. Within the agreement was a clause that within 90 days of the purchase the buyer could enter the property and assess suitability of the property for use by the County.

“The County has found through inspection of the property, including but not limited to staff visits, a title search and Phase I Environmental Site Assessment that the property is not suitable for the County’s intended use and purposes. It is in the interest of the citizens of St. Johns County to terminate the Purchase and Sale Agreement and request return of the Deposit monies prior to the Inspection Termination Date, as provided in Section 10 of the Purchase and Sale Agreement.”

There was some debate about approving this purchase initially so expect there may be some discussion about this Consent Agenda Item.

Regular Agenda

Agenda Item 1 is to approve a settlement agreement in a lawsuit brought against the County in March of 2020. This is related to an accident where a deputy in a marked car pulled in front of a motorcyclist on SR 16. The net amount, after the insurance coverage, is $6.3 Million.

Agenda Item 2 – Charting Performance: A Framework for Open Governance and Efficiency

“County Administrator Joy Andrews will introduce a framework aimed at enhancing open governance and operational efficiency within the County. A newly developed organizational chart, highlighted changes, and their intended purposes will be provided.”

Agenda Item 3 – Consultant Briefing on the County’s Comprehensive Plan Update

“The County’s Comprehensive Plan is in the process of being updated. The Board of County Commissioners directed that a consultant be hired to assist the county through process. The consultant, Inspire Placemaking Collective, will provide a briefing on the overall process including the schedule.”

Agenda Item 4 – a request to rezone approximately .84 acres of land at 5461 & 5467 A1A S. from Commercial General (CG) to Residential, Single Family (RS-3).

“The Planning and Zoning Agency heard this request at their regularly scheduled public hearing on Thursday, October 5th, 2023, voting to recommend approval of the request by a vote of 5-0. Members of the Agency had questions of the applicant about how the proposed homes would be accessing A1A South.”

Agenda Item 5

REZ 2023-02 St. Marks Industrial Presentation

This is a request to rezone approximately 13.26 acres of land, located south of International Golf Parkway, just west of US 1 North, from Open Rural (OR) to Industrial Warehousing (IW). This was recommended for approval by the Planning and Zoning Agency (PZA) at their Thursday, June 1, 2023 meeting. Since that time, the County learned that a portion of the property was the subject of pending private civil litigation. The applicant has revised their application to remove that portion of the property from the request, reducing the proposed acreage for the site from 15.98 acres to 13.26 acres.

location and compatibility map for St. Mark’s Industrial

Agenda Item 6

PLAT 2023-21 Orchard Park Phase 3

This is the final plat approval for Orchard Park Phase 3.

Materials are here: Orchard Park, Phase 3

Agenda Item 7 – FEMA Public Assistance Category G (Permanent Work) for Hurricanes Ian and Nicole, specifically South Ponte Vedra Beach.

This is an update on use of a FEMA grant to be used to address damage to South Ponte Vedra Beach by Hurricanes Ian and Nicole

See the materials here: South Ponte Vedra Beach FEMA

Agenda Item 8 – Fiscal Year 2023: End of Year Budget Compliance

This is the year end review of the budget and approval of required adjustment entries to ensure compliance with Section 200.6 [Budgetary Control Procedures] of the St. Johns County BCC Administrative Code. This is the process where reserves are transferred to appropriate accounts to cover expenditures or Intra-fund department transfers are approved.

“To accomplish these transfers, the BCC will need to approve the respective transfers for each Department as per the attached schedule. Under Florida Statutes, these adjustments may be made up to 60 days following the end of the Fiscal Year.”

The County CFO will review the items to be approved in the presentation at this link. Budget Reconciliation

Agenda Item 9

First Reading of Proposed Amendment to St. Johns County Ordinance No. 2018-42 regulating the operation of Golf Carts, Low Speed Vehicles, and Mini Trucks within St. Johns County.

At its August 1, 2023 meeting, the Board of County Commissioners authorized the Office of County Attorney to prepare a proposed amendment to Ordinance 2018-42 to conform to recent changes in state law addressing the operation of Golf Carts on all public roads in Florida. The proposed amendment requires anyone 18 years or younger who operates a golf cart to possess a valid learners or driver license and anyone 18 years or older to posses a valid form of identification.

The entire ordinance can be found here: County Golf Ordinance

Agenda Item 10

First Reading of Proposed Amendment to St. Johns County Ordinance 20028-29 regarding St. Johns County Affordable Housing Advisory Committee.

Details are here: AHAC revision

At its September 19, 2023 meeting, the Board of County Commissioners authorized the Office of County Attorney to prepare a proposed amendment to Ordinance 2008-29 to conform to recent changes in state law regarding the composition of the Affordable Housing Advisory Committee. The proposed amendment requires that the committee must consist of one member from the Board of County Commissioners and one representative from at least six of the categories identified in section 420.9076(2), Florida Statues.

The categories are:

a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing.;

b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing.;

c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing.;

d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing.;

e) One citizen who is actively engaged as a for-profit provider of affordable housing.;

f) One citizen who is actively engaged as a not-for-profit provider of affordable housing.;

g) One citizen who is actively engaged as a real estate professional in connection with affordable housing.;

h) One citizen who actively serves on the local planning agency pursuant to Section 163.3174, Florida Statutes.;

i) One citizen who resides within the jurisdiction of the local governing bodymaking appointments.;

j) One citizen who represents employers within the jurisdiction.;

k) One citizen who represents essential services personnel, as defined in the local housing assistance plan.

Agenda Item 11 – This item is a “Proposed Settlement of Southeast Development Partners, LLC v. St. Johns County State Court Litigation”

This item is interesting, not only because of the litigation and proposed settlement, but a read of the presentation materials is educational in understanding the scrutiny of county employees’ communications. I often hear residents complain about the email responses they get from county representatives or the lack of written response. County officials and employees are subject to Florida Sunshine laws and must be careful how their communications are worded.

As an example, I have heard residents complain that a Commissioner would not commit in an email response that they would vote a certain way on an upcoming rezoning request. By law, they can’t decide on a quasi-judicial matter until it is presented to them at the public hearing. If they have committed to a resident that they will vote for or against a request, they have broken the law, and that email could become evidence if the applicant, or anyone, sues the county over the decision.

Read the details here: Proposed Settlement

Agenda Item 12 – Consider appointments to the Land Acquisition Management Program (LAMP) Conservation Board

“Currently, there are (4) vacancies on the LAMP Conservation Board due to expired terms. Members of the LAMP Conservation Board are required to be registered voters of St. Johns County and have experience or expertise in one or more of the following areas, with at least five of these areas represented at all times: Agriculture, Archaeology, Business/Finance, Eco-Tourism, Education, Engineering, Environmental, History, Parks, Planning, Real Estate, Recreation, Soil/Hydrologic, and Natural Sciences, such as Biology, Botany, Geology and Zoology. “

Included in the packet are (9) applications and a recommendation letter from LAMP: Robin Robbins Dist. 1, Dirk Lobenbruck Dist. 1, Wayne Flowers Dist. 1, Dist. 3, William Miller Dist. 3, Anila Lahiri Dist. 3, Nicole Crosby Dist. 4, Kate Beck Dist. 4, Garrett Colton Dist. 5, Benjamin Brandao Dist. 5.

The LAMP Board recommends the reappointment of Shorty Robbins, Wayne Flowers, and JB Miller. They recommend the new appointment of Nicole Crosby.

Packet details here: LAMP Board Nominations

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BOCC, St. Johns County

Recap of the November 7 St. Johns County Board of County Commissioner’s Meeting

Posted on November 11, 2023November 11, 2023 by Beth Tate

Tuesday’s meeting was long, as was anticipated. The big item on the agenda was the Ponte Vedra Inn and Club PUD, heard at a time certain of 1:00. The crowd started rolling in around noon.

But here’s what happened before the main event.

The meeting opened with 2 Proclamations.

Proclamation for Veteran’s Day – Representatives from the St. Johns County Veterans Council, Bill Dudley and Joe McDermott accepted the Proclamation. Colonel Dudley shared that on Veteran’s Day, November 11, there will be a celebration honoring all veterans at the Anastasia Baptist Church, 1650 A1A South, at 11:00 AM. Colonel Dudley also sahred about the Veterans Treatment Court, established in January 2017. This was established through funding provided by the County Commissioners and since that time 101 Veterans have gone through that Court successfully. When veterans graduate from the program, they are presented with a certificate and a Challenge Coin. Colonel Dudley and Mr. McDermott presented Challenge Coins to each of the Commissioners and to the Administration Staff in appreciation for the support the Court has received from the County. Commisioner Dean made note that Friday is the 248^th Birthday of the U. S. Marine Corp.

To learn more about the St. Johns County Veterans Council – check out this page: St. Johns County Veterans Council

The second Proclamation was for National Adoption Month.

A Certificate of Recognition was presented to the West Augustine CRA acknowledging 10 years of Keep Calm and Walk for Cancer. During this presentation Commissioner Henry Dean and Retired Lt. Colonel Vernon Pinkney were recognized for their commitment to the cause.

Public Safety Report

Director Skip Cole (Criminal Investigations) presented on behalf of the St. Johns County Sheriff’s Office. He shared about the November 4^th incident in Davis Park that ended with a lethal force action by one of the deputies. He noted that even though we live in one of the safest communities in the country, we are not immune to violence. SJSO reminds us to remain vigilant and not be a soft target. He also spoke about the on-going impact of the incident. While most of us will move on from this news incident quickly, there were people involved directly and indirectly who will not move on so quickly. He noted the deputies who had to take action that ended in loss of life, the fire rescue personnel who treated the wounded individual, the dispatcher who took the call, and the detective who attended the autopsy and the detective that had to talk to the individual’s parents about the death. They will not move on quickly. The Sheriff’s office does have resources to assist these individuals but be mindful of what they go through. He also noted that this incident happened in the presence of many children and families at the Park for their usual Saturday activities. SJSO has communicated with the schools and support groups to create a network of support for the folks who were impacted by their proximity to the incident. He thanked the community for their on-going support of law enforcement and the victims.

Director Cole also shared a more upbeat topic and that was the attendance of SJSO and other county staff at the first annual Trystn Bailey Gala. This event is to raise money the Trystyn Bailey fund established in honor of St. Johns County resident Trystyn Bailey, whose life was cut short in 2021. You can learn more about the fund and it’s goals at this link:

Trystyn Bailey Memorial Fund

Fire Rescue was represented by Jeremy RobShaw who shared information about the 2 Day Fire Expo that began on November 7. Speakers and First Responders from all over the country are in St. Augustine for the Expo.

Clerk of the Court’s report

During the month of November, in honor of veterans, the Clerk’s Office is waiving standard fees for passports and notary services for veterans or dependents with a discharged military ID, military independent ID or a Driver’s license with a veterans designation.

The Clerk’s office continues to work on recovering dollars lost because of a fraud event several weeks ago.

Public Infrastructure Update

Updates were provided on 4 projects:

Legislative Affairs Update

The Legislative Affairs update gave a brief overview of what could be expected during the upcoming Florida Legislative session. A Special Session was under way during the past week.

The County has submitted reqeusts for $96.45 million in funding for the 2024-2025 budget.

Mr. Teckler also shared highlights of how the Federal Agenda is impacting St. Johns County. Until the Budget concerns are addressed in Congress, the requests from St. Johns County that have gone through Congressman Rutherford’s office, appear to be in a holding pattern.

Consent Agenda

There were no changes to the Consent Agenda

Regular Agenda

Agenda Item 1 – Presentation on the Total earned unused and undistributed revenue.

Our Tax Collector, Dennis Hollingsworth presented interesting information on the tax revenues collected within the county. He also encouraged people to call him if there are issues with ability to pay taxes on homesteaded property. They are committed to not helping people stay in their homesteaded properties. The number is 904-209-2280.

Watch his presentation here: Tax Revenue Presentation

Some highlights from the presentation:

Agenda Item 2

Approval and recognition of FIND Grant Project Agreement for Genovar Land Acquisition

“On February 7, 2023, the Board approved the submission of a Florida Inland Navigation District (FIND) grant application for reimbursement of Genovar land acquisition costs. FIND awarded a $1,055,500 grant for acquisition of the 31 acres of Genovar property located North of SR 312 and South of Nix Boat Yard and situated along the San Sebastian River with deep water access for a public boat ramp, parking, and passive recreation. Parks and Recreation is requesting authorization to sign FIND Project Agreement #SJ-23-217 for Genovar Land Acquisition”

This presentation was to approve the grant project agreement for this 31 acres of land to be developed into a public boat ramp and passive park.

Location of the Genovar project, north of 312, south of Nix Boat Yard

It was approved 5-0

Agenda Item 3 – Nix Boat Yard

“Request to Rezone approximately 0.59 acres of land from Open Rural (OR) to Commercial Warehouse (CW) with conditions, specifically located at 135 Nix Boat Yard Road. The Planning and Zoning Agency heard this request at their regularly scheduled public hearing on October 5, 2023, and recommended approval with a vote of 5-0. Agency members discussed the previous daycare facility and when it relocated. There was one public comment that questioned the buffering, traffic, parking and proposed clientele. In response, the applicant discussed a proposed 20/B buffer; since the PZA hearing, the applicant has included an additional condition to the Rezoning that states a 20/B buffer will be installed and maintained on the west side of the property adjacent to the existing Commercial Office.”

Just a bit north of the Genovar project is this request from local company Fishbites, to rezone from Open Rural to Commercial Warehouse. This is to allow them to expand their production, packaging and shipping along with office space and a showroom.

Learn more about local company Fishbites here: Fishbites

Approved 5-0

Agenda Item 5 – First Reading of the Proposed Amendments to the St. Johns County Beach Code

This item was the result of a request from Roy Alaimo at the October 3, 2023 Commissioner’s meeting, to review and update the Beach Code to reflect changes in uses of the beach.

Changes are:

Addition of Drones to Section 3.14

No one operating, directing or responsible for any aircraft, seaplane, helicopter, glider, balloon, dirigible, parachute, drone, or other aerial apparatus shall take off from or land within park property or the beach.

Updates to Section 3.15 Electric Motorized Devices

And Section 5 Prohibited Acts was changed to read:

Operate any motor vehicle so as to intentionally cause sand to be thrown into the air or across any beach area.

A suggestion from Public Comment to require e-bikes to be registered for use on the beach will be reviewed for feasibility before the second reading.

Agenda Items 6 and 7 were appointments to the Contractors Review Board and the Cultural Resource Review Board.

Tyler Lee, Kyle Jones, and Kylee Turner were all approved 5-0 to serve another term on the Board.

Robert Olson was reappointed to the Cultural Resource Review Board 5-0

At this time they were ahead of schedule so heard Commissioner’s Reports.

Commissioner Alaimo commented on the value of the joint meeting with the School Board.

Commissioner Whitehurst shared that he had begun negotiations with Joy Andrews on the County Administrator employment contract but it would not be completed before the end of his term as Chair. He recommended passing that responsibility to the next Chair. The vote was 5-0 to approve that change.

Public Comment

During the first Public Comment, residents brought forward a concern that had been raised to the Commissioners previously about the development of property on SR 13, next to the housing development known as Otoe’s Place.

TECO owns the property and can, by right, build commercial on the property. Their proposal would cause the loss of over 200 trees. Commissioner Whitehurst had previously asked staff to work with TECO to look at plans on how they could preserve as many trees as possible.

The residents who spoke pointed out existing curb cuts for ingress and egress that would not impact the trees on Otoe’s Place and questioned why the entrance to their development would need to be impacted by removal of trees for a new entrance.

The Commissioners again asked staff to work with the community and the property owner to come up with a solution that would preserve as many trees as possible.

There was a break for lunch before the big item of the day, the Ponte Vedra Inn and Club PUD, heard at 1:00 time certain.

Agenda Item 8 – Ponte Vedra Resort

The full presentation with public correspondence can be found at this link: Ponte Vedra Resort PUD

You can watch the presentation at this link: Ponte Vedra Resort PUD Video

Assistant Attorney Valliere went through the format for the presentation. Because there is an adversely affected party involved, they used a Public Hearing Format.”

The outline was:

Swearing in of witnesses, including county staff, applicant’s representatives and any members of the public wishing to speak.

Followed by the applicant presentation – they were allowed 45 minutes.

The adversely affected party was next with 20 minutes allowed.

There were 4 designated representatives with 10 minutes each to speak.

Followed by public comment with 3 minutes each.

After public comment, the adversely affected party has 5 minutes for rebuttal

And the applicant gets 20 minutes for rebuttal

Finally back to the board for discussion and a vote

The Commissioners shared Ex Parte disclosures.

All Commissioners had communications going as far back as 4^th quarter of 2022.

Communications included meetings and email correspondence. Commissioner Dean pointed out that the emails are public record and that the public can request to review the 200-300 emails received by each commissioner.

John Peyton, President of the Gate Corporation, made opening remarks about the history and legacy of Gate Corporation and what they are proposing with this project.

If you’d like to skip just to Mr. Peyton’s presentation, start here: John Peyton Remarks

He highlighted that these properties are “legacy” properties and important to the family.

At the end of the applicant’s presentation, Commissioner Joseph asked Ms. Avery Smith several clarifying questions.

The Adverse parties were represented by Attorney Doug Burnett. You can watch his presentation here: Adverse Party Presentation

After hours of presentation and public comment, both for and against, the Board began their discussion.

Commissioner Joseph read a prepared statement (it was typed so did not appear to be something she wrote during the presentation.) Her statement included conditions she wanted to see changed in the PUD and at the end of the statement, she indicated this was a motion to the Board.

Watch that here: Commissioner Joseph Statement

Ms. Avery Smith asked when Commissioner Joseph had written the document that become a motion. The Commissioner indicated she had written it last week with the thought that if this was going to work, these were the things she wanted to hear.

Chair Whitehurst asked Attorney Migut to opine on establishing when the motion was written.

Attorney Migut clarified that Judicial decisions are supposed to be made based on the recorded evidence, which includes what was in the packet provided ahead of the testimony heard on Tuesday.

Commissioner Joseph reiterated she had written it ahead of time but only decided to read it based on what she heard in the meeting.

Ms. Avery Smith stated that they would not agree to the terms of the motion that Commissioner Joseph read.

The motion died for lack of a second.

There was more discussion from the Board, including how concerns for some of the Commissioners had been addressed through the changes that were made to the PUD along the way, in response to concerns from residents and others.

Commissioner Arnold made a motion in favor and it passed 4-1.

Commissioner Joseph thanked the staff for all their hard work on the PUD.

With nothing further, the meeting adjourned.

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St. Johns County

What’s Coming up at the November 7 St. Johns County Board of County Commissioner’s Meeting

Posted on November 3, 2023November 3, 2023 by Beth Tate

All regular County Commissioner meetings are the first and third Tuesdays of the Month in the County Auditorium at 500 San Sebastian View.

One highly anticipated item is on the agenda – the Ponte Vedra Resort PUD!

There are 3 Proclamations and one Certificate of Recognition to be presented at Tuesday’s Meeting.

Proclamation Recognizing November 11, 2023 as Veteran’s Day

Proclamation Recognizing November 2023 as National Adoption Month

Proclamation Recognizing November 15 – 17, 2023 as Entrepreneurship Week at the Link

Certificate of Recognition for 10 Years of West Augustine’s participation in Keep Calm and Walk for Cancer

Public Comment is at Time Certain of 11:30. This continues to cause some confusion as other presentations may be interrupted to allow for the Time Certain Public Comment. Remember to stick around and they will resume interrupted presentations after Time Certain Public Comment.

There is another Time Certain Agenda item on the November 7 Agenda and that is the Ponte Vedra Resort PUD. This will be heard at a Time Certain of 1:00.

Consent Agenda Items

There are 40 items on the Consent Agenda Several of the items are minor, related to easements for utilities.

Some items of note:

Consent Agenda Items 3 & 4

Granting a 10 year historic property partial ad valorem tax exemption for 301 North Main Street, and 316 North Main Street, Hastings, beginning January 1, 2024 and expiring December 31, 2034. Details are here: 301 North Main Street

Background:

“St. Johns County Ordinance No. 2022-55, St. Johns County Historic Preservation Property Tax Exemption Ordinance, applies county-wide and establishes procedures for application to and review by the Cultural Resource Review Board (CRRB) for private properties seeking a property tax exemption for improvements to historic preservation in accordance with Florida Statutes. This preservation incentive contributes to stimulating business investment for commercial projects and higher property value retention for residential neighborhoods. The application submitted to the County was approved by the CRRB on June 12, 2023. The historic ad valorem tax exemption application is now before the Board of County Commissioners to approve or deny the tax exemption beginning January 1, 2024 for a period of ten (10) years and for permission to enter into a covenant with the property owner as required by Florida Statutes.”

301 North Main Street

This structure was previously known as the Stanton Motors Building and has been in existence since 1927. At the time, this was the oldest family-owned Ford dealership in Florida. The structure was determined to be a Significant Cultural Resource by the Cultural Resource Review Board in June of 2022. As part of the revitalization of Historic Main Street Hastings, this building as had extensive rehabilitation including restoration of interior and exterior deterioration, roof repair, and removal of accumulated debris.

The amount of the exemption is to be determined by the Property Appraisor.

Follow the link above to see historic pictures of the building.

316 North Main Street

There are two structures located at 316 N Main Street. The main structure was known as the “Big Brick Garage” while the second structure was used as the print shop for the Hastings Herald. These structures were determined to be Significant Cultural Resources by the Cultural Resource Review Board (CRRB) in August of 2022. The rehabilitation of the structures located at 316 N Main Street included repair of fire damage, vandalism, and restoration of interior and exterior deterioration.

Pictures of this building can be seen in the presentation at this link: 316 North Main Street

Consent Agenda Item 5

This is a School Concurrency agreement for the Browning Subdivision that was approved by the School Board in the October 10, 2023 School Board Meeting.

Link to the Concurrency Agreement here: Browning Concurrency Agreement

NOTE: Concurrency agreements were discussed in the Joint Meeting of the School Board and the Board of County Commissioners. If the School Board has approved the Concurrency Agreement, the development process continues forward to the Board of County Commissioners for approval. If the School Board votes NO, and does not approve the Concurrency Agreement, the developer cannot continue forward in the process. They must either wait for capacity to be available or continue working with the School Board to gain approval of Concurrency. The Board of County Commissioners cannot consider the school conditions as part of their review process if the School Board has approved the Concurrency.

Consent Agenda Item 27 is awarding a bid for the construction of the CR 2209 Extension Central Segment. This segment is a four-lane from Silverleaf Drive to State Road 16 and includes a twelve-foot multi-use path, five foot sidewalks, and a stormwater pond.

The back-up materials are at this link: CR 2209 Construction

Regular Agenda Items

Item 1 is a presentation of Total Earned Unused and Undistributed Revenue. No presentation on-line as of Friday.

Item 2

Approval and Recognition of FIND Grant Project Agreement for Genovar Land Acquisition

Background materials are here: Genovar Land Acquisition

Item 3 – REZ 2023-10 135 Nix Boat Yard

Link to materials: Nix Boat Yard

Application Summary:

“The Applicant is seeking to rezone approximately 0.59 acres of land from Open Rural (OR) to Commercial, Warehouse (CW) with conditions. The applicant’s narrative states the recent use of the property was a Daycare Center and points out that the surrounding properties are commercial. The narrative states that the request for a Commercial Warehouse zoning would allow a local business to further grow; the new owner of the property is Fishbites Trading LLLP which manufactures and distributes artificial baits worldwide. The applicant provides the following conditions to the zoning: • Uses are limited to light manufacturing, production, packaging and shipping, and associated office space and showroom • All uses shall be fully enclosed inside buildings with no outdoor storage • Loading zones shall be permitted • The applicant waives any right to develop the property pursuant to the Live Local Act, Chapter 2023- 17 Laws of Florida, and any subsequent amendment • ADDED since PZA 10/05/2023: The applicant will install and maintain a 20/B buffer on the west side of the property adjacent to the existing Commercial Office.”

More details in my post on the October 5 PZA Meeting: October 5 PZA Agenda Blog

Item 5 is the First Reading of Proposed Amendments to the St. Johns County Beach Code.

Link to materials here: 1st Reading of Updated Beach Codes

This came about as a result of a request from Commissioner Alaimo at the October 3, 2023 Board of County Commissioner’s Meeting.

The specific changes related to the use of electric bikes, drones, and motor vehicles on St. Johns County beaches.

Section 3.14 – Aircraft

No one operating, directing or responsible for any aircraft, seaplane, helicopter, glider, balloon, dirigible, parachute, drone or other aerial apparatus shall take off from or land within park property or the beach.

Section 3.15 – Electric Motorized Devices

It shall be unlawful for any person to:

Operate any e-bike, e-scooter, or other electric motorized device in a careless manner. Careless operation of an e-bike, e-scooter, or other electric motorized device shall include but is not limited to:

1. Operation of an e-bike, e-scooter, or other electric motorized devices with another person on the handlebars or in any position in front of the operator;

2. Operation of e-bike, e-scooter, or other electric motorized devices at a speed greater than is reasonable and prudent under the conditions, having regarded to the actual and potential hazards then existing, including but not limited to, the safety of the operator or any other person or property;

3. Failing to yield to pedestrians;

4. Weaving in and out of pedestrians traffic or stationary beachgoers;

5. Operation of e-bike with more riders, operators, or passengers than for which it was designed; or

6. Any occurrence where inadvertence to the safe and normal operational procedures of the e-bike, e-scooter, or other electric motorized devices causes or is likely to cause damage to any person or property.

All operators shall at all times yield the right-of-way to pedestrians and shall take such precautions as may be necessary before parking, or before moving a vehicle previously parked, to avoid accident or collisions with or injury to any persons or property.

Section 5 Traffic and Parking Regulations

Section 5.03 Prohibited Acts

(k) Operate any motor vehicle so as to intentionally cause sand to be thrown into the air or across any beach area.

Agenda Items 6 and 7 are consideration of appointments to the Contractors Review Board and the Cultural Resources Review Board.

Item 7 is the Time Certain 1:00 Hearing of the Ponte Vedra Resort PUD.

This item has been hotly debated across in the press, in public meetings, and on social media.

“Request to rezone approximately 90.5 acres of land from Open Rural (OR), Single Family Residential District (R-1-B), Single Family Residential District (R-1-C), Multiple Family Residential District (R2), Commercial District (R-3), and Recreational District (R-4) to Planned Unit Development (PUD), to allow the redevelopment of resort lodging, restaurant, recreational, commercial, and office facilities within the Ponte Vedra Inn & Club and the Lodge Property.”

Link to materials is here: Ponte Vedra Resort PUD

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PZA, St. Johns County

What’s Ahead at the St. Johns County Planning and Zoning Agency Meeting on November 2

Posted on October 30, 2023 by Beth Tate

Planning and Zoning Agency (PZA) meets the 1st and 3rd Thursdays each month at 1:30 in the County Auditorium at 500 San Sebastian View

The Full Agenda for Thursday is here: PZA Agenda

Agenda Item 1 is in District 3

Woodlawn Apartments – a request for a Zoning Variance to replace 24 unused parking spaces with an approximately 7,560 square foot recreation area, located at 200 S. Woodlawn Street.

Agenda Item 2, also in District 3

A request by Mavis Tires for a Non-Zoning Variance to allow three (3) proposed building signs to exceed the required maximum Advertising Display Area (ADA) of 200 square feet per business by approximately 58 square feet, located at 1960 State Road 207.

Agenda Item 3, District 5

A request from Texas Roadhouse for a Non-Zoning Variance to allow for a Pole Sign height of 120 feet in lieu of the 85-foot maximum height as currently allowed within the St. Augustine Centre PUD. This is on Outlet Center Drive.

Agenda Item 4, back to District 3

Request for a Special Use Permit to allow for a Manufactured/Mobile Home as a residence in Residential, Single Family (RS3) at 900 West 4th Street.

Agenda Item 5, District 2

Request from Down Yonder for a Special Use Permit to allow for on-site sales and consumption of alcoholic beverages in connection with a proposed restaurant. This is located at 2455 State Road 16, a former Denny’s restaurant.

Agenda Item 6, District 1

Request for a Special Use Permit to allow for an indoor/outdoor wedding and special event venue, located at 2353 State Road 13 N; request includes the Emergency Vehicle Access to the Pole Barn is by way of adjoining property at 2369 State Road 13 N. Request includes the Emergency Vehicle Access to the Pole Barn is by way of adjoining property located at 2369 State Road 13 N. This property was previously a private grammar school.

If this one sounds familiar, it was originally heard by the PZA on March 3, 2022 and approved by the PZA at that time 5-2. There was a concern about compatibility within the Res-B designation and this being primarily a residential area. Concerns from the public included potential noise, how many people may be present and alcohol consumption. A nearby neighbor expressed concerns about music during events.

The project did not commence within the 1-year deadline so the Order became void. The applicant has provided minor changes to the plans including emergency access to the pole barn from an adjacent site and not using the northern buildings as part of the event venue.

Agenda Items 7 & 8 are minor setback variance requests.

Agenda Items 9 & 10 are in District 3

These 2 items are from Sushi 99 St. Augustine. Both are related to a request for a Special Use Permit to allow for the on-site sales and consumption of alcoholic beverages at 270 Plaza Boulevard, Suite 1 and 2. One is to allow the on-site sale and consumption of alcoholic beverages and the other is to allow the same within 1000 ft. of a church.

A similar request was approved in 2022, in the same shopping center, for Publix to sell package alcohol within 1000 ft. of a church.

Site location with proximity to existing church

Agenda Item 11, District 5

This request is for a Major Modification to the Twin Creeks PUD to add a new access connection point along CR 210 West for the Light Industrial parcel located to the south.

“The new access will be a right-in right-out (RIRO) road intersection and does not propose a full median opening in this location. The request is being made in order to facilitate reasonable access to the JEA utility site that is located in this Light Industrial area, which is currently being accessed via a temporary access point located along CR 210 W. Additionally, the new access point is part of the County’s ongoing efforts to work with the developers of Twin Creek DRI/PUD to improve traffic in area, including the widening CR 210 West.”

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