First up on the agenda is an item deferred from August and that is electing the new Chair and Vice-Chair for 2024. This had been deferred until after the PZA hearing on the Ponte Vedra Inn and Club.
Agenda item 2 is one that usually generates much interest, a request for a Car Wash Facility.
“A request for a Special Use Permit to allow for a Car Wash Facility in Commercial General (CG) zoning, pursuant to Section 2.03.50 of the Land Development Code, located at the intersection of Hometown Lane and State Road 207.”
The location is a vacant lot in District 3, off of Hometown Lane, across from a Dollar General and in front of the San Marcos Heights Apartments.
Agenda Item 3 is in District 1, on State Route 13N. This is a request for a Special Use Permit to 1) allow sales and consumption of alcoholic beverages and 2) to allow Outdoor Seating at the Bella Vista Restaurant in Fruit Cove.
Also in District 1, Agenda Item 4 is a request for a Non-Zoning Variance to allow for building wall signs to exceed 150 square feet per sign and 200 square feet per business on the Wal-Mart Fruit Cove building located at 13N and Race Track Road.
Agenda Item 5 is in District 5 and is a request to rezone .59 acres of land from Open Rural to Commercial Warehouse at 135 Nix Boat Yard Road
Compatibility Map
This is a vacant building recently used as a day care center, located in the midst of other commercial properties.
The proposed purchaser of the property is a local, family owned business that has outgrown current facilities at 164 and 190 Nix Boat Yard Rd. The intended purpose of the facility would be light manufacturing, production, packaging and shipping, and associated office space.
The last Agenda Item of the day is back in District 3 and is a request to rezone Commercial Property to Residential, Single Family. The intent is to build 4 single-family homes on the property.
The October 3 BOCC meeting is much lighter than meetings of late so it should be a shorter day!
In the opening section of the meeting, we will see:
A Recognition Award to Commissioner Sarah Arnold from the St. Johns County Professional Firefighters Association
A Proclamation recognizing EPIC Behavioral Healthcare on their 50th Anniversary
A Proclamation recognizing October 2023 as Domestic Violence Awareness Month
And one close to my heart, a Proclamation recognizing October 1-7 as national 4-H Week. I began my Public Speaking path as a young 4-H’er in Anderson County, TN!
Consent Agenda
In the Consent Agenda, of interest is:
Consent Agenda Item 10
Awarding a Bid to build the Sheriff’s Tactical Training Facility (Base Bid, Allowance #1, and Alternate #1) to DiMare Construction Co., as the lowest, responsive, responsible local bidder for a not-to-exceed cost of $4,478,500.00.
Agenda item 3 is in response to a request to staff at the August 15th Board of County Commissioner’s meeting to review the potential of allocating Tourist Development Tax Reserve funds for the Florida State Parks Foundation’s (Foundation) Fort Mose reconstruction project. The Foundation has raised approximately $1.38 million for the project from a combination of sponsorships and a Florida African-American Cultural & Historical Grant. The Foundation continues to fund raise to generate the additional $500,000 (approx.) in funding that is needed to complete the Fort Mose reconstruction project.
The presentation contains some Fast Facts about Fort Mose. If you aren’t familiar, do check it out!
And learn more about Fort Mose at their website: Fort Mose
Agenda Item 4 is a staff report on the Tortuga Park project.
“St. Johns County Parks and Recreation and Public Works have been developing designs for Tortuga Park, located at 7740 Coastal Highway. The park would create a new public beach access point as well as off beach parking, a walkover, restrooms, and a shower station. The Board initially approved a budget of $1,139,840 for this project however, due to public interest and requests for more public involvement, the project was put on hold. The Board asked Ryan Kane, Director of Parks and Recreation to present a detailed report and include options relating to this proposed project. Mr. Kane will provide information on the following: 1. Retain ownership of the parcel, but table development plans. 2. Sell the property and pursue the purchase of another beach access point. 3. Construct the park as designed, or with modifications.”
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During the Public Safety Update, Director Martin from the SJSO shared some of the mental health initiatives they are engaged in, including working with inmates pre-release to prepare them for success upon release. They are seeing good results here. They also have a partnership with Social Services to engage a mental health specialist jwith first responders to address these related issues.
The Supervisor of Elections shared some important updates. Every mailbox in St. Johns County should have received the new voters election guide. They are doing their bi-annual voter list maintenance, as required under new state laws. Every voter who has not voted in the last 2 General Elections gets a notice asking them to update their information. In St. Johns County that notice went to 17,000 registered voters. They received 1500 responses with a good portion of the notices being returned for a bad address. For voters who did not respond, or their correspondence was returned, they will be marked as “inactive” voters. If they show up to vote in a 2024 or 2026 election, poll workers will confirm they are a St. Johns County resident and they will be returned to the active voter rolls. If they do not vote in these elections, they will be dropped from the voting rolls. We currently have 213,00 registered voters in St. Johns County. A question was asked about the use of drop boxes. Ms. Oakes shared that all drop off boxes are located inside early voting locations and can only be accessed for drop off of ballots during manned hours.
She also reminded citizens that they are welcome to schedule a tour of the Supervisor of Elections offices where they can learn about the process. I have done this tour and highly recommend it!
Commissioner Dean asked to move Consent Agenda Item 30, Six Month Extension of Tourism Marketing Contract from the Consent Agenda to Regular Agenda Discussion.
Commissioner Dean’s concern was that the 6 month extension was not sufficient. This was discussed and a 12 month extension was approved unanimously during the Regular Agenda items.
Regular Agenda Items
Agenda Item 1 is in District 2, Elevation Pointe was approved 4-1 with Commissioner Joseph being. the no vote. The request was to increase wetland impacts with a decrease in preserved wetlands, open space, and upland buffers and was driven by the addition of a Publix supermarket as a tenant in the shopping center.
Agenda Item 2, also in District 2, was the Deer Run Road PUD. This request to rezone 25 acres of land from Open Rural to Planned Unit Development for 26 duplexes, total of 52 dwelling units was denied unanimously. Concerns noted were the additional traffic on Holmes Blvd and Four Mile Road and impact to schools.
Agenda Item 3 is in District 5. The Whole 9 Yards is in the Airport District was to rezone 1.37 acres of land from Open Rural to Industrial Warehousing. Many of the same concerns from local residents were voiced at the BOCC meeting. Commissioner Dean noted that this business has been operating for 7 years and is seeking. tocorrect the zoning to reflect the usage. They added some conditions of operation and the project was approved 5-0.
Agenda Item 6 was a combined public hearing item including the Approval of the 2023 Inventory List of Land available for Affordable Housing in St. Johns County and the available affordable housing strategies through the Live Local Act that passed in the 2023 Legislative session.
This is an important topic for addressing attainable housing in St. Johns County.
A review of the inventory list shows almost 300 properties, many of them in West Augustine, Elkton, and the Armstrong area. During Public Comment questions were asked about how to make this inventory of properties available for affordable housing. Many have been on the inventory for years but there is not sufficient infrastructure to support building on the property.
County Owned Property available for affordable housingCRA/County Owned Property available for affordable housing
Also during public comment was noted that affordable housing, with government assistance, is targeted. for individuals making between 30-60% of Area Median Income (AMI.) In St. Johns County that is the range of $37,000 to $70,000. It is impotant to note that in St. Johns County that range includes our teachers, deputies, firefighters, and other public workers as well as many other employees in the service industry.
During discussion on the Live Local Act, Commissioner Alaimo indicated he would like to have staff research and bring back an Ad Valorem tax exemption for affordable housing, similar. to what was done in Clay County.
The motion to bring back an ordinance around the tax exemption was approved 4-1, with the no vote from Commissioner Joseph.
This is a very complex and sensitive topic. I encourage you to watch the full presentation and discussion at this link: Agenda Item 6
This partnership would allow a nonprofit oganization, Cultural Events, Inc. to operate the St. Augustine Ampitheater, Ponte Vedra Concert Hall and local cultural events like Sing Out Loud. andthe Fort Mose Jazz & Blues Series. This was approved unanimously
Agenda Item 9 was the Second Reading of Proposed Amendments to the St. Johns County prohibited Holiday Activity Ordinance for Sexual Offenders and Sexual Predators, followed by Agenda Item 10, the Second Reading of the Proposed Amendments to the Child Safety Zone Ordinance. Both were approved 5-0.
Agenda Item 11 is a Proposed Settlement of Lupoli v. St. Johns County and Guilmar, LLC Litigation and Statutory Demand. This stems from a lawsuit filed by residents as a result of a denial decision made by the Board of County Commissioners in 2022. Settlement Proposal.
The Board approved the settlement that will have a payment of $450,000 to Guilmar and $30,000 for attorney fees.
This was a reminder that the Board of Commissioner can put the county at risk of a lawsuit if their project denials are not based in sound legal facts.
Agenda Item 12 is to consider the proposed 2024 St. Johns County Legislative Action Plan. You can read the presentation here: SJC Legislative Agenda Proposal
During discussion, Commissioner Dean asked to add an item to the priority list. This would be to request funds for renourishment of a small section of beach south of Ponte Vedra Beach.
During the discussion, there was conversation about the priority of asking the Legislative Delegation to work on modifying the PECO (Public Education Capital Outlay) requirements for rapidly growing counties like St. Johns County. Mr. Tecler, who was giving. the presentation, noted that this has been discussed with the folks. inTallahassee previously and again this year. There. are indications it is being looked at closely.
Commissioner Whitehurst spoke about coordinating with the School District in this effort and getting them on board with supporting the change.
Here are some highlights from the presentation:
Improve the Transportation Infrastructure
East-West Corridors Upgrade State Road 16, County Road 210, State Road 208, State Road 207, and State Road 206 to provide traffic relief, improve connectivity, fortify hurricane evacuation routes, and enhance safety for motorists, bicyclists, and pedestrians.
North-South Corridors Address overcapacity along US 1 and I-95 and strengthen connectivity between employment centers and residential communities by completing extensions of County Road 2209, State Road 312/313, and related connectors.
State Road 16 St. Johns County requests $20 million in state appropriations to design and construct a new 4-lane divided roadway with a multiuse path from International Golf Parkway to I-95
Strengthening Community Resilience
Fire safety improvements
Beach stabilization and renourishment
Youth Mental Health
Changes in state laws around distance of commercial sales of nicotine products to schools
Youth Sports
Sustaining Economic Prosperity
Vilano Beach Street Improvements
World Golf Village Hall of Fame site improvements
School Capacity – importantly “School Capacity St. Johns County requests the Legislature identify and modify provisions of law and/or administrative rules that may limit the construction of new school facilities, or tie the authorization of construction of new schools to existing school capacity. Additional flexibility will facilitate strategic planning for high-growth districts.”
Revisions to the Live Local Act. “Affordable Housing Compatibility Revise the Live Local Act to restore local government review of multifamily housing projects proposed for land zoned for commercial or industrial uses.”
Hastings Water infrastructure
Unfunded Mandates – “Request the Legislature oppose legislation that requires utilities to expend funds providing information, reports, or other documents to the State without providing a funding source for development of those reports. Specifically, the Legislature should pay careful attention to unfunded reporting mandates related to SB 712 (2020), HB 53 (2021), SB 64 (2021), and HB 1379 (2023).”
Protecting Natural and Historic Resources
Historic Farming Communities
Consider the City of St. Augustine as a location for the State Museum of BlackHistory
Commissioner’s Reports
Commissioner Joseph shared she would like to consider a rollback for millage for the 2025 budget.
Commissioner Alaimo thanked staff for their work on the ceremony recognizing the 200th Anniversary. ofthe Treat of Moultrie Creek.
Commissioner Dean shared that Lowe’s Lumber is opening a new store at US1 and CR 210, provigind 300 new jobs. He also formalized the requst to staff to arrange a meeting between the Board and the School Board to discuss support for revising the PECO funding statute.
Commissioner Arnold expressed appreciation for the work staff did on the Hasting Library meeting “re-do” and encouraged residents. toattend the World Golf Village workshops. onSeptember 27 and 28.
Commissioner Whitehurst expressed concerns about new preemption bills that may come up in the 2024 Legislative session. He wants the county to work with the Florida Association of Counties to push back on these bills.
County Administrator Report
Interim County Administrator Joy Andrews requested and received received unanimous approval to appoint Jamie Locklear as Director of Purchasing. She also shared a new website for the Hastings community as they work on the comprehensive plan.
Last item for the day was the second Public Hearing of the millage rates and 2024 Fiscal Year Budget.
The Board unanimously approved the final budget of $1,665,664,624. Included in the budget are funds for 45 new firefighters, add 35 hours to Libraries for Sunday and Monday operations and a $18 assessment for solid waste collections.
The Board unanimously adopted a millage rate of 6.8265%.
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The September 21 Planning and Zoning Agency (PZA) meeting in St. Johns County has only 3 items on the agenda but may be a very long day.
The meeting on the 21st will be held at a special time, 11:00 AM, in the County Auditorium at 500 San Sebastian View.
The first item on the agenda, the Ponte Vedra Resort PUD, could be a very long discussion item. Accordingly, the agenda includes a time certain to hear items 2 and 3 on the agenda at 1:30. PZA members have been advised at previous meeting that this could be a long day because of the Ponte Vedra Resort PUD. It is anticipated there will be high attendance at this meeting. Earlier meetings have had as many as 600 people show up for this application review.
Staff has shared at the last PZA meeting that if the Ponte Vedra Resort PUD discussion is not finished at 1:30, they will continue that discussion after the 1:30 time certain items are heard.
The first item to be heard at 1:30 is a relatively minor zoning variance for a front yard setback to accommodate a room addition to a home in District 5. These usually go fairly quickly.
Agenda Item 3, to be heard in the 1:30 session, is one of importance to residents of the Rock Springs Farms community in District 3.
“Request for a Major Modification to the Rock Springs Farms PUD (Ordinance No. 2017-49, as amended) to clarify the project is limited to 182 single family dwelling units and remove the obligation of the Rock Springs Farms Homeowners Association (HOA) to fund the maintenance of the dedicated public park.”
There have been several discussions regarding this change since residents began coming to the Board of County Commissioners Meeting with their concerns that their HOA was responsible for maintaining a public park owned by the County.
APPLICATION SUMMARY “The Rock Springs Farms HOA recently became aware the HOA was responsible for the maintenance of the approximate eight-acre County-owned public park located in the eastern portion of community, adjacent to US 1. HOA representatives informed the County they were not aware of this provision and did not have the funds to maintain the park; therefore, they have requested the County take over the maintenance of the public park. This proposed PUD Major Modification will remove the obligation for the HOA to fund and maintain the County-owned park. Further, the applicant is clarifying the Rock Springs Farms PUD consists of 182 dwelling units, as was approved by SMADJ 2019-06, and removes the density bonus provision. There are no other changes to the Master Development Plan (MDP) Text and no changes to the MDP Map.”
The main feature of the day is Agenda Item 1, PUD 2023-02 Ponte Vedra Resort.
Background information – the Ponte Vedra Inn and Club has filed a request as follows:
“Request to rezone approximately 91 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 (R-2), 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 the Ponte Vedra Inn & Club and the Lodge Property.”
There has been quite a bit of debate and controversy surrounding this request. There are 31 waivers requested in this application. That appears to be a groundbreaking number of waivers for one PUD.
On September 6, the Architectural Review Committee met and, in a 4 hour meeting, approved the architectural style but chose not to vote on the requested PUD application. These is an advisory meeting only with the results to be taking into consideration with the Board of County Commissioner’s vote later this year.
On September 11, the Ponte Vedra Zoning and Architectural Board met and after a 12 hour meeting, in a split vote, denied the project. While 29 of the waivers were approved, the 2 denied had to do with height waivers. Several of the approved waivers were modified by the applicant during the discussion, in order to get the approval. The Ponte Vedra Recorder published a report on the meeting here: Ponte Vedra Recorder coverage
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Picking up after the lunch recess, there was a long afternoon ahead conlucing with the special meeting to cover the 2024 Millage rates and budget.
Agenda Items 5 and 6 also impacts the Longleaf Pine Parkway/County Road 210 area. The Comprehensive Plan Amendment and PUD for the Mensforth Family Community Commercial are to change the zoning for approximately 4.25 acres of land from Rural/Silviculture to Community Commercial. The PUD will include about 25,000 sq. ft. of commercial activities. This was approved.
Agenda Item 9 is of interest to those who follow our Bald Eagle population.
Special Magistrate Recommendation in Day Late Enterprises, Inc. v. St. Johns County
“On June 9, 2022, the Board of County Commissioners (“Board”) rendered an order denying a nonzoning variance application by Day Late Enterprises, Inc. (“Day Late”) for a proposed alternative bald eagle management plan for certain property along State Road 16, the majority of which is undeveloped, but a portion of which is within the Grand Oaks PUD. Day Late filed a request for relief from the denial under the Florida Land Use and Environmental Dispute Resolution Act, section 70.51, Florida Statutes (“FLUEDRA”), which provides means to potentially resolve disputes pre-suit through a special magistrate mediation and hearing process. After the conclusion of the hearing, the special magistrate is required to issue a written recommendation, which the governmental entity must accept, modify, or reject within 45 days after receipt. Failure to act within 45 days is deemed a rejection. Thirty days after any rejection, the government entity must issue a written decision of the uses available to the subject property. The special magistrate in this matter issued a written recommendation on August 8, 2023, which is attached here for the Board’s review and consideration for possible action.”
The recommendation to the Commissioners was that they take no action. The county code is stricter than the Federal guidelines and that is allowed. by taking no action, the Commissioners are standing by their previous denial.
Agenda Item 10 – Discussion and request for direction regarding funding options in connection with the Ponte Vedra Beach Restoration project
This project covers from the St. Johns County/Duval County Line down to Vilano Beach.
Project Location SlidePreliminary scheduleProject funding sourcesMillage proposal in the event of a shortfallRational for millage distribution
Commissioner Joseph raised concerns about the divisive nature of the separate MSTUs pitting neighbor against neighbor. She had a counter proposal with creating 1 taxing district and for the county to carry the cost of the construction.
Proposal from Commissioner Joseph
Commissioner Dean spoke about his 5 years of working on this project and disagreed with Commissioner Joseph on how to cover the costs. He indicated that 80% of the cost is related to 6 miles of beach and he supports the staff analysis and breakdown of the millage between the 2 MSTUs.
There was further discussion between Commissioners Dean and Joseph about the discussions each have had with residents in the beaches area.
Public Comment included support for creating 1 MSTU with emphasis that this is for one Ponte Vedra Beach and one community.
Resident’s comments
During Commissioner discussion, there was clarification that the millage could be assessed only if there is a shortfall in funding. They do not yet have the final budget for the project.
Commissioner Dean proposed a motion on the 2 MSTUs. Commissioner Joseph raised a “point of order” that Commissioner Dean made the motion and this is in her District. Attorney Migut explained that it is the custom of the Board to defer to the Commissioner of the District but not a point of order.
Commissioner Joseph countered that this should be a single MSTU.
Commissioner Dean’s 3 part motion passed 4:1 with Commissioner Joseph being the no vote.
Interim County Administrator Joy Andrews clarified for the Board that there is no vote here on millage to be assessed, only on the split between the two MSTUs and that any proposed millage would be part of the budget discussions in 2024, for the 2024 assessments.
Commissioner Joseph made a motion to levy the MSTUs at one rate rather than two. The motion died for lack of a second
Regular Agenda Item 10 – Discussion on Local Preference in SJC Purchasing Policy
This item was a discussion to determine whether or not to remove the application of Local Preference as included in the SJC Purchasing Policy.
Challenges of the Local Preference PolicyStaff Recommendations for Local Preference Policy
There was no motion made regarding this item. Commissioner Dean stated he is in favor of eliminating the local preference policy. Others mentioned the favorability of keeping purchasing dollars local and agreed there was further discussion needed. There was an ask for the Purchasing department to discuss this with the Chamber of Commerce and come back with recommendations at a future meeting.
This is an updated request from a confidential business for economic incentives related to locating a new business in St. Johns County.
Residents spoke out against the incentives because the business is unknown to the public. It became clear in the Commissioner’s comments that they do know the project but are keeping it confidential and they are in favor of the project because of the jobs and revenue it will bring to the county.
At 5:01 was the Public Hearing on the Adoption of Tentative Millage Rates & Budget for FY 2024.
Certainly this has been a hot topic of discussion across the county with the mailing of the TRIM notices in August!
This is the first public hearing with the final public hearing recommendation date being September 19. This was the first opportunity for the public to comment and ask questions prior to the adoption of the final budget for FY 2024.
“In accordance with sections 129.03 and 200.065 of the Florida Statutes, the Board of County Commissioners (BCC) is required to hold public hearings to adopt its millage rates and budget for the next Fiscal Year (FY). Such hearings must be held after 5:00 PM if scheduled on a day other than Saturday. In the recently mailed Notices of Proposed Property Taxes (TRIM) by the County’s Property Appraiser, the date and time noticed for the required hearings is September 5, 2023, at 5:01 P.M. The Florida Statutes further prescribe the specific order for consideration of substantive issues to be discussed during the required public hearings. The first substantive issue of discussion must be the percentage increase in the County’s aggregate millage rate over the rolled-back rate necessary to fund the budget. The rolled-back rate is defined as the aggregate millage rate that would generate the same level of prior year tax revenues less certain defined allowances (such as new construction). During such discussion, the general public shall be allowed to speak and ask questions prior to the adoption of any measures by the BCC. The BCC shall adopt by resolution its tentative millage rates prior to adopting its tentative budget for FY 2024. Additionally, the BCC is required to establish a date, time, and place to conduct public hearings on the final millage and budget adoption for FY 2024. It is recommended that the BCC establish September 19, 2023, at 5:01 PM, in the County Auditorium to conduct such hearings. A copy of the FY 2024 Tentative Budget Workbook, including detail per line item, may be found on the County’s webpage at http://www.sjcfl.us/OMB/”
Public Comment
During Public Comment there were a couple of trends, one was concerns from people who’s home value has increased but their income has not. Taxes on the increased value of their home is not something their budgets can easily handle. There are people who own rental properties and try to maintain a lower rent for the people that live and work in this county but with the increase in property taxes AND insurance rates, it is difficult for them to continue to keep their rents low.
There was also comment that there are areas in the budget that could be reduced.
The Commissioners voted 5:0 to adopt the millage rates and budget for 2024.
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Beth Tate 