one. Welcome to Shaw to County Board of Zoning Appeals. August 14, 2024, 9am. I'm calling this meeting to order if I could talk everyone to stand up for the pleasure of the Thank you. Thank you. May be seated. Miss Sergeant, would you do roll call please? Evie Erra. Here. Turner Rouse. Here. Nicole Beyer. Here. Blair McVeady. Here. Andrew Filio. Here. Okay, Rosa. Thank you. Thank you. We have a quorum. If anybody is going to want to speak today, please stand up. Face Ms. Sergeant raise your right hand. She's going to swear you. If you think you might want to speak, please stand up now. Okay. Do you solemnly swear the testimony about to give us the truth, the whole truth, and nothing but the truth? Please say I do. Okay. You may be seated. Thank you. Thank you, everybody. Approval minutes from July 10, 2024. Look for a motion. Mr. Chorval. No motion. We have a second. Second. Any discussion? All in favor? Aye. Aye. Approval minutes passed. Sean Colum, our zoning official. Thank you. Good morning, ladies and gentlemen. Sean Colum and planning zoning official. Today we have six special exceptions, no variances and no appeals. The Board of Zoning Appeals is empowered to grant special exceptions and variances to the zoning code. And here appeals from the zoning of, here appeals of decisions from the zoning official upon showing that all required criteria have been satisfied. Generally a special exception is permission for a use that would not be permissible generally or without restriction throughout a zoning district, but which if controlled as through area, location, relation to the neighborhood and other such restrictions as maybe deemed appropriate in each case would be compatible with surrounding land uses and found to be consistent with the comprehensive plan of Charlotte County. Special exception shall be granted only if all three of the approval criteria are satisfied. Thank you. For my legal department we have Mr. Thomas David. Morning. The board's zoning appeals as a quasi judicial body. This means that all interested persons have a right to be heard and present evidence. This board has no authority to change zoning regulations nor may it rezone property. All decisions of this board must be based on the evidence presented to it. Only competent, substantial, sworn, factual evidence, and expert opinions have offered and accepted, may be properly considered by the board. All documentation presented to the board or county staff will be retained as part of the official record of the proceedings. Decisions of this board must be made by majority vote, tie votes do not carry the motion made. If an application is approved, there may still be other approvals or permits required before any development activity may commence, please consult county staff in this regard. Deed restrictions are private agreements. This board does not have the authority to consider, modify, or rescind them. Judicial appeals must be made to the circuit court within 30 days of written decision by the board of zoning appeals. Thank you, Mr. Chair. Thank you. Now I'll go over the order of proceedings. The county staff will make the initial presentation for each request. The applicant or the applicants representative shall then make their presentation, present evidence, and answer any questions Board members may have. Instruzade persons for against the petition will then be invited to testify and answer any questions Board members may have. All persons shall have the right of reasonable cross-examination of the witness. The applicant or the applicant's represent shall have the right to present any re-bulled evidence and make closing statements. The county staff shall have the opportunity to present re-bulled evidence, including statements after which time the public hearing will be closed except that the applicant or the applicant representative may present additional rebuttal evidence Well into county staffs closing evidence and statements When you get up to the podium please note there's a tablet on the podium We ask you to print your name and Anders on the tablet prior to speaking When you have printed your name on the tablet place state for the record your name Agents and the fact that you have or have name on the tablet, please stay for the record. Your name, address, and the fact that you have or have not been sworn in. All persons these eyes speak must be sworn in. We're gonna start out today with petition SE24-009 and Ms. Elizabeth Nochek from the county will do the presentation. Thank you, Mr. Chair. Good morning, everyone. For the record, do the presentation. Morning, thank you, Mr. Chair. Good morning, everyone. For the record, Elizabeth, no check, AICP, senior planner for the community development department. I'm the project planner for this application, and I have been sworn. At this time, I request that I be accepted as an expert in planning based upon the summary of my qualifications, which are set forth in exhibit one to the staff report. Notice of this public hearing was given in accordance with county code through mailings, postings and publication. This is petition SE-24-009. Mr. Robert Bernson, representative for ACORN Port Charlotte, LLC, is requesting a special exception to modify petition SE-24-003 to remove conditions of approval in the commercial general zoning district. The proposed use is to be located at 3740 El Jo Bean Road in Port Charlotte. On your screen now is the 1000 foot male notification area map for maillars that were sent up for this petition. And this is the location map for subject property. The zoning map currently on your screen shows the zoning of subject property, which is CG and the zoning of the surrounding area. Subject property has a future land use map designation of commercial. The attached area image on your screen shows the location of subject property on the east side of El Jabin Road to the south of Riverwood Drive. The site image on your screen now is the 2023 aerial photograph showing a close-up view of subject property and the adjacent parcels. And this is the 2023 Google Earth image of the area. The applicant has provided the attached narrative, which provides an overview of their request. On May 8th, 2024, the Board of Zoning Appeals approved petition SE-24-003 to allow the outer storage of boats, trailers, and RVs on subject property. As part of the approval, 11 conditions were adopted by the board. These conditions were recommended by staff to make the proposed use more compatible with and limit potential negative impacts on surrounding properties which consists primarily of state owned conservation land and contain a number of jurisdictional wetlands. The applicant is requesting to remove conditions of approval numbers eight and nine. Condition eight states that outdoor storage is prohibited within 200 feet of any wetland. Condition number nine states that dump stations and wash stations may not be located within 200 feet of any wetland or any property boundary. Staff's review of Petition SE-24-003 found that the application did not meet the three criteria for approval of a special exception and recommended denial of the petition to the board due to significant concerns with the compatibility of the proposed storage use and the existing jurisdictional wetlands on and around subject property. This is also due to the site being surrounded on three sides by state conservation land. The applicant, sorry, the applicant is now requesting to remove the only two conditions adopted by the board that were intended to provide protections to these highly sensitive and valuable ecological areas. The applicant has not provided any information as part of this application on how they intend to protect these areas except that they will be reviewed during the site plan review and permitting processes. And the applicant's environmental report, dated March 20, 2024, which was provided as part of the application for petition SE-24-003. The applicant's environmental consultant states that dump and wash stations should be located towards the center of the site rather than near the perimeter or adjacent to wetlands to address the potential risk of contamination and they provided an updated site plan which is currently on your screen showing these areas located near the center of the site This report also had recommendations to consider higher curbs and absorbant barriers adjacent to the curbs and around areas containing wetlands, but they did not provide any concrete proposals. Staff is unaware of any reason why these facilities cannot be located away from the existing on-site wetlands and surrounding environmentally sensitive areas. The applicant has not proposed any alternate protections for wetlands or the environmentally sensitive area existing on and adjacent to subject property only to remove the conditions. The community development department's environmental specialist has performed a cursory environmental review and their comments are in the attached memorandum dated June 24th, 2024. So for our findings, the three standards for approval of a special exception according to section 3-9-6.2i of the Charlotte County Zoning Code are as follows. Number one, the proposed special exception is consistent with the Comprehensive Plan. Our finding is that the applicant states in their narrative that the Comprehensive Plan Policy cited by staff which is provided in the staff report. We're in place as a result of a project that proposed a fuel pipeline from Tampa to Fort Meyers. There is no evidence in the comprehensive plan that this was the intent of these policies and there is no reference to this in the supporting data and analysis documents of the comprehensive plan. If the Board of County Commissioners intended the provision to be specific to that project, the language in the Comprehensive Plan would reflect that intent. Rather, the policies apply broadly to protect the wetlands and ecologically sensitive areas from contamination caused by incompatible development. E&V policy 3.1.7 prohibited uses states that the use, storage, transmission, or generation of hazardous substances, or substances which may artificially accelerate the eutrification of wetlands and water bodies is prohibited within 200 feet of wetlands. The use approved by the board for this site includes outdoor storage of boats in RVs and is subject to this policy as it will result in the storage and generation of hazardous substances or substances which make artificially, sorry, artificially accelerate the utrification of wetlands. Utrification is the process in which nutrients accumulate in a body of water frequently due to runoff from the land which leads to an increased growth of microorganisms and depletion of oxygen in the water. A 2023 study of eutrophication by Solomon Akinawa and I apologize for mispronouncing your name in the journal of Environmental Management provides a more thorough discussion of the process and causes. Cultural eutrophication, which is also called anthropogenic beautification, is the occurrence of beautification resulting from human activity leading to the runoff of nutrients such as phosphates and nitrate into lakes and rivers as a result of land runoff. Human anthropogenic activities such as the use of fertilizers and detergents, such as, as well as the disposal of untreated sewage and aquaculture effluent, have significantly increased the level of nutrient loading into water bodies. These anthropogenic activities continuously increase the level of nutrients, including nitrate and phosphates, in the water body to a level that exceeds the self purifying capacity of the water bodies consequently leading to the cultural eutrification. Thus, increasing the rate of eutrification beyond the natural level results in undesirable changes to the natural ecological system. Condition number eight of SE-23-003 pertains to the location of outdoor storage of vehicles in proximity to wetlands. Condition 9 pertains to the location of dump stations and wash stations. The applicant states there is nothing in the comprehensive plan that requires these uses to be located 200 feet from wetlands. Staff strongly disagrees with the applicant statement as vehicles parked at storage facilities are typically kept on site for extended periods of time and are known to leak fuel and other fluids which are detrimental to the environment. Dump and wash stations deal with chemicals and fluids that are also known to be harmful to wetlands and other ecologically sensitive areas. Turdy water produced during the washing of vehicles contains soap, detergents, residue from exhaust fumes and fuel, heavy metals from rust and motor oil. Foss fades contained in the soaps used for vehicle washing are known to cause excessive growth of algae, including the toxic blue-green algae that has inundated many of the water bodies in southwest Florida in recent years, which has led to fish kills and breathing difficulties for those who live nearby. This has been recognized by the Florida Fish and Wildlife Conservation Commission and the above reference study. These studies also list substances including detergents from soaps and untreated human waste as potential causes of beautification. Boats and RVs often include restroom facilities and tanks to store, quote, black water, which is human waste, which is in turn dumped into dump stations. Dump stations are used to transfer raw sewage from RVs to tanks on the property, which are later pumped out and the waste taken off site for treatment and disposal. If an RV owner failed to use the dump station properly, dumped illegally in or near a parking space, or if the applicant failed to properly maintain the dump station, any of these acts could release untreated sewage that would cause eutrification in adjacent wetlands and water bodies. For these reasons, it is staff's professional opinion that the applicants request to remove conditions 8 and 9 is not consistent with the county's comprehensive plan. Number two, the proposed special exception is compatible with existing and permitted uses surrounding the land on which the proposed special exception would exist. Our finding is that subject property is located on the east side of El Jabeen Road to the west of state-owned conservation land, the Tipikanu park, and the Sam Night Creek. It is located to the south of Riverwood Drive and to the north of Carrigan Circle. To the north are a few privately owned parcels of vacant land with inconsistent zoning and future land use map designations as well as state owned conservation land. The adjacent properties to the south and east are vacant and undeveloped and have inconsistent zoning and future land use map designations. These properties are owned by the state and are dedicated conservation areas. To the west of subject property on the west side of El Jabean Road are large residential communities including Riverwood, Viscayolakes, and the Harbor Lakes RV Resort. The conditions adopted by the board as part of the approval for SE-24-003 were recommended by staff to make the proposed use more compatible with adjacent and surrounding uses, which consists primarily of wetlands and conservation land. By requesting to remove these two conditions intended to provide some level of protection for these ecologically sensitive areas, staff finds the proposed use would be incompatible with existing and permitted uses. And number three, the establishment maintenance or operation of the proposed use shall not be detrimental to or endanger the public health safety or general welfare. Our finding is that for the reasons detailed above staff's professional opinion is that the removal of conditions eight and nine of SE-23-003 is inconsistent with the comprehensive plan and would be detrimental to and could endanger the welfare of the surrounding area. So the summary of our staff report, Mr. Chair, I'd be happy to answer any questions. Thank you. Any questions? I'm trying to have anything to say before we go on. Not at this time, sir, no thing. I'm just asking because this is different. It is different in the sense that you don't typically rehere another one for changes to conditions so quickly, but be happy to listen to the applicant and have, we're here to answer any questions that you fit. You folks may have. Morning, sir. Good morning, Rob Bernson, Big W. Law firm. I have been sworn in. Unfortunately, in this case, I'm going to object to misnote check being considered an expert for the purpose of this hearing. We have hired an environmental consultant that will address you and I have copies of his resume that I've highlighted his wetland experience and relevance. I also have copies of misnote checks resume which I've highlighted her wetland experience, which you'll see there's no highlight. So I'd ask that the resume be provided to the board and admit it, I just think, is a bit. Thank you, sir. And I ask that the board recognize Mr. Mann as an expert in environmental sciences and he's prepared to testify. Paul. testify. Well, good morning. My name is Paul Maim with IVA Environmental and I have been sworn in. My background in wetlands goes back 20 years, 25 years. I have a degree in wetlands management. I've worked in public and private firms assessing wetlands. I'm a former environmental code compliance for officer for Charlotte County. I've worked here quite a while ago, it's about 20 years ago, but I've assessed wetlands in Charlotte County for 20 years. Looking at this site, I went out and looked at the wetlands and I have pictures of the wetlands and I've labeled some of the plants and some of the conditions that are found there just so we have. We said the whole set. And we'd ask that this set be entered into evidence as well. Thank you. So we're not impacting the wetlands on this site. We are avoiding them. And that's part of the no net loss goal of Swift mud and also the core of engineers if they were involved in this project. There's no secondary impacts to Sam Knight Creek or Tippie Canoe Bay because there's no riparian wetlands which would be creeks and waterways and things like that. There's no connection to the bay. Looking at these wetlands, they're mostly category two wetlands. If you would have classified them using the Charlotte County classification system and there's significant coverage of invasive plants within these wetlands. There's Melalucca, Paragras, Peruvian, Primbrose, willow, caesor weed, and torpedo grass. These are all very invasive, and in left unchecked, they will take over the wetlands that are there. They're significant wetlands, because they are wetlands. Wetlands should be preserved, and we are doing that. But as far as being special in their own right, I hate to use the word, but they're average wetland. There's wildlife usage. There's probably waiting birds. It was a little deep when I was out there to see them, but there's frogs and reptiles that use them. We are providing buffers to the wetlands and they won't be impacted. Further down, the stormwater management system has been designed so there's no discharge to wetlands. Everything goes to the stormwater system and then to the retention pond. And from the retention pond, there's a skimmer and a structure so they would outflow to an upland swell. And then going back to the 200 foot buffer that's a 700 percent increase from what has been permitted from this with mud south west of the water management district. There's already a permit for the north part and they have buffers that average from 15 feet to 40 feet. So there's no discharge to the wetlands. And then I guess my next question is just being former co-compliance in Charlotte County. Have there been reports of discharges, not what ifs, but are there actual cases and I could not find them? There's several RV storage areas with open storage for RVs and boats that I know don't have the 400 foot buffer from the wetlands. They were designed. There's a few along 17 that The storage is within that 200 foot buffer, so I don't know why This one. I mean I had I understand that we're adjacent to conservation lands But we're doing everything in our site plant to avoid any discharges to the wetlands or the surrounding area. And then finally, you know, as part of the management plan that'll be required for these wetlands, there'll be a plan to remove exotics, keep people out, and they'll be preserved in perpetuity with no filling or clearing or anything like that in the wetlands. And then going back to the report that was referenced, that report, it explains cultural eutrification very well but it's in reference to more agricultural aquaculture and then the CAFOs, the concentrated feeding areas. I'm not too sure of that acronym but I read through the report so it really doesn't reference Florida or anything that would be relevant to this particular site. And that's kind of my presentation. And if you have any questions, please let me know because I've been on site and reviewed it. So just to keep it simple, I don't want to put words on your mouth. You're stating that we do not need the two in a foot and there's going to be no cost and effect to the wetlands from this development. Correct. Mr. Chair, may I ask a question, Mr. Chair? Where is Steve? Oh, go ahead, Steve. In your description, you use the term upland swale, where the water would go to the upland swale where the water would go to the uplands swale. Would you show me or illustrate to me where that uplands swale is and where does that water go when it enters that uplands swale? It is on the east side of the property so the area underneath the red there's the reds shown to buffer there so the landscape buffer so it's kind of adjacent. Sir, could you make sure that you're speaking on the microphone? Oh, I'm sorry. Yes, thank you. Yes, it's on the east side of the property. And so where does the water go when it enters that? What is it retained on the property? Yes. It is retained on the property. Correct. Thank you. Mr. Chair, if I may. You don't even have a bachelor's degree do you? No. That's the answer. No, you do not have one. Have you ever been accepted in any state or federal court as an expert? Yes. Where? Right here? Oh, it's not state. No. County. I was. I used to sit right there bring cases to the co-compliance board. Have you ever published anything? No, I have done. I don't have any further questions. I also have any questions? Mr. David. Mr. Chekki, if you wouldn't mind. I just want to make sure I'm understanding the testimony related to the wetlands. Did you do an investigation of the wetlands surrounding the site? No, I did not. Okay. So your testimony relates to the wetlands that are on site. Correct. Okay. That's all I have, Mr. Chair. Sure. Okay. Yes, sir. Excuse me. Our concerns were twofold. One and which he has addressed the wetlands surrounding the property, the state-owned lands and the conservation-owned lands to the north-east, or north-south end. Yes, east of the property. But also the wetland areas within the site where the washes are going. So it's two separate things intertwined. So if you look at the wetland up at the top, where there is the encroachment of those areas into that wetland buffer, that is also one of our concerns there. With respect to some of the statements, we, it is different, I'm not gonna say it's not, but one of the code cases we've had actually relatively recently has been in the Punnigorta area Rivier Marina which is a while both in the water but also on land storage of boats, RVs, things like that. There has been significant environmental havoc wreaked by that. Again, different situation but there have been cases such as that one has happened very recently With respect to Mr. Berncins comment about about the the genesis for this condition being a pipeline project That was one of the reasons, but that wasn't the sole reason had that been the sole reason as was stated by Miss Nocheck We would have limited it to pipelines and Transmiddell of you know Inter of interstate or through state transmission lines, but the way it was written, it was written that way for a reason, very broadly, to be able to encompass any situation that may arise. Thank you. Mr. Burns, go ahead. If I may continue, thank Mr. Mann. So first of all just based on that comment. If any of you have been to the River Ero Oyster bar and Marina, I don't believe there's ever been a site plan for that. I don't believe there's paving. I don't believe anything's been done in the last 30, 40 years to that. As opposed to this engineered and designed site for RVs, boats, and trailers. We're here because we have to have a special exception when you have outdoor storage. But in commercial general zoning, there are 46 allowed uses. Let me give you just a few of them. Animal Hospital and boarding facility. What chemicals might be involved in that? An auditorium convention center performing arts center. Think of the acres of pavement around the convention center. Bar is cocktail lounge, nightclubs, taverns, think of the people that come out of there, what they might do. A dry cleaner. There's no question about the chemicals used in a dry cleaner. A funeral home in Crematoria. Again. One of the big ones, a gas station. A hospital, hotel, motel, in, a laundry mat, a mass transit system station, a motor vehicle wash, a paid or public parking lot, garage or structure, printing facilities, a restaurant, a university or college, vocational trade or business school, and the conditional uses allow boat travel trailer and motor vehicle sales, including recreational vehicles and campers, boat travel trailer and motor vehicle repair services, including recreational vehicles and campers, building trade contractors office, farm equipment sales and service, laboratories class one, two, and three, non-commercial vehicle rental and private off street parking. In the conditional uses, not one of those uses requires additional setback to wetlands. They require setbacks to residential zone property. But as Mr. Cullen and Ms. Nochek said, if the County Commission had wanted that protection, they could have written it that way, but they didn't. At the March 13th Board of Zoning Appeals meeting, you heard this for the first time. And at that time, for the first time in my knowledge, there came a request for an environmental report that in 35 years of doing this, I've never had a request for that, nor have anyone else that I know have. And it applies to special exceptions, site plans. No one in a site plan to my knowledge has ever been asked to produce that report. But we took a continuance after a suggestion by Mr. David that the board could approve the special exception at that time on March 14th and with 13th, subject to a condition that the report be filed at a later date. We objected to that because there was no guideline for what this report was supposed to be. So if we had an approval with the condition that we submitted the report and it was never accepted, it was a void approval. So we instead asked for a continuance, we came back, but at that first meeting, I objected to conditions 8 and 9. When we came back in May, it was determined that the report was acceptable, and the board could move forward and approve the special exception. We were so focused on that report that at that hearing, we didn't bring up condition 8 and 9 again. It wasn't until the excitement wore off that we were happy to get our special exception that we realized we hadn't addressed those two conditions and that's why we're back here today. I have copies of the minutes of the board from March 13th if you want them entered into Evans to substantiate what I've said but this comes down to overkill. For some reason which I don't know, no check hasn't liked this from the very beginning. I understand some reason, which I don't know, no check, how doesn't like this from the very beginning. I understand, some you like, some you don't. But she's gone too far in this case. There is no other use in the allowed uses that would require a 200 foot setback to the wetlands. My client is willing to give up the request to delete condition 9, but I ask that you don't because it sets a dangerous precedent. And in the future we'll come back and say what we've done it before, and that's the only reason that we're still keeping number 9 in. If the board decided to remove condition 8 and leave 9, we can live with it, but we still think it sets a dangerous precedent. I'm happy to answer any questions, and we would reserve our rebuttal time. Yes sir, some items on Mr. Bernson brought up. This is a unique case. I can't recall any other property that is bounded on three of the four sides by state environmentally preserve lands. This is relatively unique with respect to a statement about the conditions being imposed. It would be reviewed during the site plan review process. Mr. Mann's firm, IVA, Ian Vincent Associates, they regularly provide environmental studies for every site plan review that goes through. And if this was a similar situation where it was a gas station going in, then yes, they would have to follow these requirements that are in the comprehensive plan. So again, this is a unique situation. I'm not going to argue that. Mr. Bernsen's comments about Riviera Marina. He's not wrong. That wasn't older one, but it shows what can happen. So with that, that is the reason why we are holding to this. This is unique. Again, not going to deny that. I can't recall any other project in my 13 years here, maybe Mr. Burns and Cann of an area that was completely, or almost completely bounded by preserved lands, and have the significant wetlands on the site. But again, the policy is in the comprehensive plan and staff has to hold to that. Mr. David? Yeah, just to, and I'm not gonna, Mr Mr. Bernstein's done a good job of presenting his argument. I think it's a fair one. I just want to make sure that the board understands where the staff's issue is arising and why it's been raised. The comprehensive plan, environmental policy 3.1.7 governs special exceptions, applies. Comprehensive plan policies apply to the special exception. And it says prohibited uses, the use, storage, transmission, or generation of hazardous substances, or subsistence weight, which may artificially accelerate the eutrophication of wetlands and water bodies is prohibited within 200 feet of wetlands. So, even assuming this process moves forward here and the board approves it based on Mr. Bernsen's excellent argument, that still does not mean that even at the site plan level, that this issue is going to go away. Because the site plan approval criteria also require that you're consistent with the comprehensive plan. So this special exception must be comprehensive must meet the requirements of the comprehensive plan. So must the site plan approval. What you have in front of you today is a is a kind of a little bit of a conundrum and and the issue is that the staff is concerned that the way this property is being presented to you, that there are going to be uses that will violate that comprehensive plan provision. That's the issue. So it's really that's the evidence that's been presented to you. It's up to you to make the decision as to whether you want to remove one or more of those conditions. But those are the two code provisions that are the reason that the staff was pushing this. The fact that it has not been applied consistently in the past is irrelevant to what you're doing here today. So Mr. Burnson has been around a long time. He does have a lot of experience here more than every almost everybody on everybody in the staff. But we also have to understand that this is what the board has told us to apply to these applications. Thank you. Mr. Burnson. Just, you know, this really comes down to taking it to the extreme. The reason that we're talking about this production or storage of hazardous waste is because they're vehicles. So if you take this argument, no parking lot can be within 200 feet of any wetland in Charlotte County. That's an absurd result that has not been applied. Just think of the illogical result that would cause. If I may, sir, parking is not storage. Storage is intended for long term. Parking is not. Parking is for transient use. Mr. Cohen, I would like to let Mr. Burns to complete his rebuttal and then the board can entertain the motion. Thank you. Again, we think this is being taken to an extreme. Let's hear what the public has to say, and then we can bring this to closure. Thank you. Thank you. At this time, I'm open there. Hearing for public comment, anybody would like to come up and speak. This is your opportunity. I don't see anybody stand up among closes. This time I'd like to close the public hearing. I have a motion. Motion can second. Second. One favor. Aye. We would waive the reading of the all the conditions that Miss Nochec normally does at this point that they're all conditions that were previously proved were only dealing with condition eight and nine. I think it's up to the board to determine whether either or both of them should be removed. But if you if you look at common sense and I always caution my clients, don't use common sense in the county in the same sentence because it doesn't always make common sense. But in this case, I think we have to ask you to look at common sense. There is no basis to require a 200 foot setback for the storage of these vehicles that are in a modern designed facility that is designed to take the stormwater and any runoff into a stormwater system. It is designed so that there is no impact to the on-site wetlands and it is designed so any off-site runoff is controlled and is not going into the offsite wetlands in conservation areas that are of high quality. With that, we respectfully ask you to approve removal of conditions eight and nine, but especially condition eight. Thank you. Mr. David, do we need to hear Mr. O'Chreck? It's up to you, Mr. David, do we need to hear Mr. McClure? It's up to you, Mr. Chair. Ward, you would like to hear the closing from Mr. McClure? I'll skip it. Anybody got a opinion? No. We can wave. What? We could wave. We'll wave it. So then we're looking for that motion for against or one of the two you know to do both. I do have a question. Please. David. The precedence of cutting a baby in half so to speak and removing one condition I'm not sure if I can do that. I'm not sure if I can do that. I'm not sure if I can do that. I'm not sure if I can do that. I'm not sure if I can do that. I'm not sure if I can do that. I'm not sure if I can do that. I'm not sure if I can do that. I'm not sure if I can do that. I'm not sure if I look at the exhibit that's on the screen right now, it shows it going to a wetlands area in the lower right-hand corner. And I'm just wondering what prevents contamination from going into the wetlands area and then proliferating? Their expert, I think, is behind this. Our project engineer can answer that question. Can I have his legal answer first, please? So we include in our recommendation, when you do your motion, the sentence is always included that this does not create a precedent. These are all one, each individual application has to meet the criteria on its own. So there is no, there is no, you're not creating a precedent by approving this because you're applying the criteria approval to a specific property. That would have to happen every time one property, another property would come in. You said in the past anything we do just not set a president's right? That's correct because you have to apply the criteria to the specific site. That's what's that's why there's no precedent created. So all you're doing all the all that Mr. Bernson is asking on behalf of his client today is for you to amend the already approved conditions. He's asking that number eight and number nine be removed from the conditions. And we have done that in the past. We have amended previously approved variances and special exceptions. Mr. Nochek, I cut you out without asking is there anything you wanted to say? No, I would just note that I believe as a professional planner that it is not extreme to want to protect wetlands and to enforce the comrades of plan as it is written. But other than that, I'd respect your decision. Did you want to hear from our engineer with regard to the Upland Swell, Mr. Vera. Good morning. My name is Tom Radcliffe. I'm a registered professional engineering state of Florida. I've been in private practice now for, oh my gosh, 48 years. You've been sworn in? And I've been sworn. This site is a relatively flat piece of land. It has very little relief. It does drain naturally, be it very slowly to the east. The ponds, the detention areas you see there, are designed to accommodate large volumes of stormwater. And the reason why is our potential discharge is very much non-existent. It's very, very sluggish. Normally, a site like this would be discharging into a wetland or a water body of some sort and it would be a lot simpler design. In this case we don't have that option. We chose not to discharge to any of the wetlands. They're not much better off than we are from a discharge standpoint and our only option in a high storm high level situation like we had just recently here a storm beyond belief we've had just to the north of here it would have to discharge somewhere of course all land eventually when it rains hard enough discharges somewhere So what we have here is what's known as a spreader swale If bonds ever do reach the point where they have to discharge The water runs through the overflow structure into the swale and the swale is graded so that the low edge is on the east side And it flows over land across the land on by SwiftMud before it reaches eventually the main water body. That's done in accordance with SwiftMud's requirements. They've reviewed it. They endorsed this as the proper method of high rate outfall for this property should it ever occur. And they should be our paper meant for that. It is isolated on the south end of that soil. It's higher on the very around that south corner where you're worried about going into that little. It goes the other way first. Okay. So in your design then as the overflow goes to the east, is that a plane that's created so that there's some absorption that takes place before it continues on? There is a tremendous amount of... Right now the way the site lies, let's say we get 10 inches of rain. The water pretty much lays across the site and it sheet overflows into the wetlands. And it sheet overflows to the east or goes overland and tries to head it. It does go downhill as you go to the east. Not very fast. It's pretty flat. But it does go downhill. In the post-condition, it will do exactly the same thing except it won't discharge into the wetlands. Something that's been touched on here that I don't think really has been stressed enough, the areas where these vehicles are stored are all 100% paved. There's no connection from the vehicle area to the groundwater tables or to any natural ground. And the pavements are all graded to drain to an indoor crown in the driving lane, which drains via pipe into the drainage systems. There's no potential for any leaked fluids from these vehicles to ever go to the wetlands. It's all draining the other direction. You're welcome. Mr. Chair, I ask a question of the witness. Mr. Chair, I ask a question of the witness. Sure. So could you just tell me what wetlands there are off site? In other words, to the north, east and south, are there wetlands outside this property? Are there wetlands outside in the Swift mud property? Yes sir. And outside of your property? Yes there are. There are. And is that part of the ERP process? Are there, is that taken into consideration when you do your ERP permit? Do they, does SwiftMod review where adjacent wetlands are? Of course they do. All right, thank you. May I also have questions, gentlemen? Thank you. That concludes what we have to present. Thank you. I'm going to go ahead, Mr. Nochick. One of you needs to make a motion, I believe, or at that point, since you've waved to me reading the conditions. I what? You, I believe you all waved to me reading the recommended conditions, so I think it's time for you guys to make a motion. Yes, that's correct. Thank you. The gears are turning here right now. Anybody? So the motions in order would be to approve the deletion of one or more conditions or a motion to deny the requested amendment. I'll move to deny the requested amendment. We have a motion to every second. Seconded. Discussion. I'm not in favor of denial of the application. I think I'm more in favor of deleting condition. We have a motion. You're asking for discussion. So I'm trying to discuss it. I'm not, I am in favor of the motion to approve. OK, if one arises. I think deleting one or both of the items is the more appropriate action that we need to take today. And that's my opinion. I agree because we're just the first round like we've heard this has to go back through site. You know. Well we have a motion and second all for the motion. I'm sorry what? You're all for the motion. I. No. No. I. No. No. So now I need another motion. I'd like to make a motion to move that SC-24-009 be approved based on the community development department staff report data July 3rd, 2024. The evidence and present that at the hearing of finding the applicant has met the required criteria for granting exception. I would recommend with this motion that both items 8 and 9 be deleted from the motion. Mr. Viera, I'm sorry. I'm sorry. I meant 9. 9 only. For clarity, thank you. I'm sorry. I'm sorry. I'm sorry. I met nine. Okay. Nine only. For clarity. Thank you. I'm sorry. I wasn't clear on that. So he's voting for eight and not nine. Correct. No. I'm going to go towards your removal. No. Removal of nine. Removal nine and approving it. And that was at the applicants request. No. The. No. The ad can say. The question, okay. The applicant requested that you delete numbers eight and nine. They said that they could live with nine if forced into it. I believe is that fair? That's fair. My client is willing to leave condition 9. They have redeveloped the site. My concern was putting it there. It sets a precedent. I know it doesn't set a precedent the way Mr. David is indicating. But in future reviews, a condition like that goes in and it says we've done it before. So that's why I'm recommending that you do 8 and 9, but my client is happy if you just delete number 8. So Mr. Vier, if you are wishing to consider Mr. Berncindes' request that his client is requesting, you would say I would move to accept the deletion of condition 8 and leave their remaining conditions in place. And if you wanted to do what Mr. Bernson wants, you'd say I will, I will, I will move to delete conditions eight and nine and leave the remaining conditions in place. Well, that would be my preferences to delete conditions eight and nine. So if you've formed that into a motion, then we can have a second to go on. Move to approve with deletions of conditions eight and nine. We have motion to have a second. Second discussion. In favor. I. I. I. Are against. No. We have a three two vote. Mr. No. We have a three-two vote, Mr. David. Okay, so the conditions eight and nine will be deleted and otherwise the remainder will stay in place. Thank you. Thank you very much. Thank you. Next, we go on to petition SE-24-013. Miss Nocheck. Great, thank you, Mr. Chair, for the record. Elizabeth Nocheck, AICP, Senior Planner for the Community Development Department. I'm the project planner for this application and I have been sworn. At this time, I request I be accepted as an expert in planning based upon the summary of my qualifications which are set forth in exhibit one to the staff report. Notice of this public hearing was given in accordance with county code through mailings, postings and publication. This is petition SE-24-013. Miss Amanda Weinerich is, and I apologize if I mispronounced your name as well, is requesting a special exception to exceed the total maximum square footage of 3,000 square feet of accessory structures per property greater than 1 half acre in size to construct a 2,080 square foot detached garage for a total allowance of 5,856 square feet of accessory structures in the RE1 zoning district. The proposed use is to be located at 15170 deer pass road in Punaguarda. On your screen now is the 1000 foot male notification map for mailers that were sent out for this petition. And this is the location map of subject property. The zoning map on your screen shows the zoning of subject property which is residential estate one or RE one and the zoning of the surrounding area. Subject property has a future land use map designation of burnt store limited development. The attached area image on your screen shows the location of subject property on the east side of Deer Pass Road to the north of Zemel Road. The site image on your screen is the 2020 aerial photograph showing a close-up view of subject property and the adjacent parcels. On your screen now is the 2024 Eagle view image. I guess LIS upgraded us for this. Section 3-9-32 of the land development regulations establish the regulations for the RE-1 zoning district, including the standards for accessory structures based on parcel size. If a parcel is greater than one-half acre in size, this subsection of code establishes a maximum total footprint of all detached accessory structures to not exceed 3,000 square feet. This subsection of code also states that the property owner may apply for a special exception to exceed the total maximum accessory structure square footage limitation in this section. Section 3-9-32 also establishes the minimum lot size for RE-1 properties, which is one acre. Subject property exceeds this with 264,627 square feet or 6.08 acres. The applicant has provided the attached narrative, providing an overview of their proposal and addressing the three approval criteria for special exceptions. As noted, the applicant is proposing to construct an 80 foot by 26 foot or 2008 square feet detatch garage at the rear of subject property. On your screen now is the survey provided by the applicant. This shows the current conditions of subject property which has been developed with a 2278 square foot single family residents which was built in 1987, a 3,160 square foot quonset hut which is used as a detached garage and two sheds. The survey also shows gravel driveways, swimming pool, pond, fencing, and septic system. The applicant has provided the attached concept plan on your screen showing the location of their proposed garage. The applicant is proposing to construct this building at the rear of their property. Jason to the east property line and immediately behind the existing quonset hut. The applicant's proposed structure has wall heights of 15 feet, which require the additional setbacks. These can easily be accommodated due to the size of the property and the proposed placement of the structure. If the requested special exception is approved by the board, the total area of accessory structures, which will be 5,856 square feet, would account for 2.2% of the total land area of the parcel. The total square footage of all structures would be 8,134 square feet with a total lot coverage of 3%, which is well below the maximum lot coverage allowance of 20% for RE1-zone properties. This is drawing made by the applicant showing the existing quam's adhunt with the proposed garage behind it and this is the ditch on the other side of their property. The applicant has provided the garage plans showing the construction plans for the proposed detached garage. The applicant intends to use this proposed structure for the storage of their personal items and vehicles. The applicant has provided some photographs of these items in their narrative. These are also on your screen. Community Development Department's environmental specialists has performed a cursory environmental review and their comments are in the attached memorandum dated July 26th, 2024. For our findings, sorry, this is... Three standards for approval of a special exception according to Section 3-9-6.2i of the Charlotte County zoning code are as follows. Number one, the proposed special exception is consistent with the comprehensive plan. Our finding is that subject property is located in the urban service area and the proposed detatch garage is an accessory structure which is allowed under the general range of uses in the future land use classification per burnt store limited development properties. The principal use is and will continue to be a single family residence and this proposed 2018 square foot detatch garage may be permitted with a special exception according to the code. The proposed special exception can be considered consistent with the comprehensive plan. Number two, the proposed special exception is compatible with existing and permitted uses surrounding the land on which the proposed special exception would exist. Our finding is that subject property is located on the east side of deer pass road to the north of Zemel road and to the east of Burtstor Road in Ponegorta. The surrounding land uses consists primarily of large lot single family residential parcels and immediately to the east of subject property is state owned conservation land. This area probably sounds familiar because we just did the exact same petition for a neighbor right down the street. The county's land development regulations require the special exception to exceed the total allowance of 3,000 square feet for accessory structures. If approved by the board, they would comply with all other zoning regulations, including maximum lock coverage. Should the applicant decide to construct any other accessory structures on subject property in the future, including a shed, they would need to apply to modify this special exception should the board grant it. Accessory structures like the proposed ETAG garage are customarily accessory and clearly incidental to the permitted primary uses and structures. There will be no parking or storage of heavy heavy machinery or hazardous materials and is intended for personal use by the property owner. The proposed garage is required to be consistent with all other code requirements, including matching the primary structure in appearance and materials, and therefore the proposed detach garage may be considered compatible with existing and permitted uses. And number three, the establishment maintenance or operation of the proposed use should not be detrimental to or endangered the public health, safety, or general welfare. Our finding is that the proposed 2018 square foot detached garage is generally a customary accessory structure, which can be considered compatible with low density residential areas and may be deemed consistent if developed in compliance with all county codes. The proposed development plan on the screen, you could see their concept plan, shows that they comply with all setback and lot coverage requirements. And the proposed detach garage does not encroach upon any adjacent residential property. It's noted before the garage is intended to be used for secure personal storage for the property owner. The applicant states in their narrative that during Hurricane Ian, they were able to use the quonset hut structure on subject property to store some of their vehicles, but were unable to store their 2021 fifth wheeler indoors. The trailer destroyed, the trailer was destroyed by the storm, and the applicant recently replaced it with a 2024 model. The proposed garage height has wall heights of 15 feet, which is needed to accommodate this trailer. If the board finds all three approval criteria have been satisfied and approved the requested special exception, the applicant will have secure floor to building code complaint structure in which to store their personal belongings. And staff is unaware of any evidence that the establishment maintenance or operation of the proposed detached garage would be detrimental to or indeed your the public health safety or general welfare. Be happy to answer any questions. Anybody get questions miss? No. At this time with the app can't please come forward. Good morning. Good morning. David Wienrich, 151-70, your pass road. And I've been sworn in. Platforms are yours. I'll look into as said is to protect my stuff from the hurricane. It's hidden out back behind the main building. No way it's going to be able to see it from the street. And it's typically for that. No hazards, material, no wetlands. It's just solely to protect my stuff. That's it. Like I question this gentleman. I do just want. Please. How did the quanset hut fare during a hurricane? Perfect. No, the door was actually, they rattled so hard that it put a crease in the door in the centers. But the structure itself. the structure is perfect. Thank you. Anybody else? Thank you. Thank you. This time I open the public hearing. Anybody has a comment this year opportunity? Seen, go ahead. Get up, speak. Pull the mic down. My name is Charles Dardert. I live in Port Charlotte. The address is 156 Altunis Street North West Port Charlotte. I received this letter of proposal of, I think, a list station that's going to be placed directly in back of my house. We're talking about this case only right now. Oh, it's a different case. Oh, it's a sorry. Aye. Thank you. Anybody else would like to speak this time? I'd like to close the public hearing. Move the close public comment. Okay. Second, second, second, on favor. Aye. Aye. Thank you. comment. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. for property greater than one-half acre in size, to allow a 2018 square foot detached garage for a total allowance of 5,856 square feet of accessory structures does meet the three criteria for granting a special exception. Staff notes that each special exception request is reviewed on a case-by-case basis and the decision of the Board of Zoning Appeals does not create precedent. If the Board of Zoning Appeals decides to approve the requested special exception, staff recommends the following conditions be adopted as conditions of approval to ensure that the use is in compliance with the purpose and intent of the zoning code. The recommended conditions are as follows. Number one, the special exception as approved by the Board of Zoning Appeals is to exceed the maximum of 3,000 square feet of accessory structures on a property greater than 1-half-acre in size to allow a 2,080 square foot detached garage for a total allowance of 5,856 square feet of accessory structures and extends only to the lands included in the site plans and legal descriptions submitted with this application. 2. The concept plan submitted by the applicant as part of the petition is for illustrative purposes only. All applicable regulations of county coach apply to this development, the applicant shall obtain all necessary permits and approvals as applicable to this development, including but not limited to building permits. Number three, the construction of any additional accessory structures will require a modification of the special exception. Number four, storage of heavy machinery, debris, or hazardous materials is prohibited. Number five, the detached garage shall not, sorry, the detached garage shall be for the personal use of the property owner and shall not operate as a commercial storage business. Storage spaces inside the garage may not be leased or sold to other businesses or individuals. Number six, the special exception is granted for a term of three years from the date of approval from the Board of Zoning Appeals. However, the special exception shall not expire if the owner commences the proposed development honor before the special exception's term expires. And number seven, any major changes or additions to the special exception shall require a modification of the special exception. Minor changes or additions such as accessory uses may be approved by the zoning official. That's it. Thank you. All right. I move that special exception, HIFIN 24, HIN-013 be approved based on the community development department staff reported dated August 7th, 2024. The evidence presented at this hearing and finding that the applicant has met the criteria required criteria for the granting of the special exception. The following conditions are hereby adopted as conditions of approval of the special exception and those would be all of the conditions recited by Miss Notecheck orally and in her report are incorporated by reference in this motion. We have a motion. Do we have a second? Seconded. Any discussion? All in favor? Hi. Hi. You have your new grids, sir. Yeah, enjoy. Are we okay to go on, Miss Nochek? Yes, I probably will need a minute after the next one now. I'm sorry about my voice. My allergies have been so bad. So I'm trying. I'm sorry about my voice, my allergies have been so bad. So I'm trying. I'm sorry. We can take a break now if you like. Well, if you okay, we got three more out to this and we have three done, it'll be the midway. Is that all right? Okay, let's do one more and then we'll take a break. Miss Nocheck? All right, thank you, Mr. Chair. Further record, Elizabeth Nochek, AICP, Senior Planner for the Community Development Department. I'm a project planner for this application, and I have been sworn. At this time, I request I be accepted as an expert in planning based upon the summary of my qualifications, which are set forth and exhibit one to the staff report. Notice of this public hearing was given in accordance with county code through mailings, postings, and publication. and publication. This is petition SE-24-014. Mr. Jason McMahon is requesting a special exception to exceed the total maximum square footage of 3,000 square feet of accessory structures for property greater than 1-half acre in size to construct a 6,215 square foot detached garage in the residential estate one, RE-1, Zoni District. The proposed use is to be located at 2445 Minola Avenue in Punagorta. On your screen now is the 1000 foot male notification area map for maillars that were sent out for this petition. And this is the location map for subject property. The attached zoning map on your screen now shows the zoning of subject property which is RE1 and the zoning of the surrounding area. Subject property has a future land use map designation of rural estate residential. The attached area image on your screen shows a location of subject property on the west side of Minola Avenue to the east of Kings Highway. The attached site image on your screen is the 2024 aerial photographs showing a close-up view of subject property and the adjacent parcels. And this is the 2024 Eagle View image. Section 3-9-32 of the land development regulations established the regulations for the RE1 zoning district, including the accessory structure limitation of 3,000 square feet for property greater than one half acre in size. Subject property exceeds the minimum lot size requirement of one acre as it is five acres in size. And I would also like to note that the applicant actually owns both of these two properties, They just are not consolidated, so the square footage limitation would be kept to this individual property unless they are combined in the future. The proposed use may be allowed as a special exception, provided the applicant complies with all development standards as well as any conditions imposed by the Board of Zoning Appeals. The applicant is provided the attached narrative which provides an overview of their proposal. The applicant is proposing to construct a 101.3 foot by 61.3 foot or approximately 6,215 square feet, detatch garage on subject property. As shown on your screen on the attached survey, subject property has been developed within 8,266 square foot. Single-family residents, it's two stories. The footprint is 5,550 square feet. As well as a 2,400 square foot attached garage, both of which were constructed in 2020. The survey also shows a dirt driveway, septic system, and a swimming pool, which is currently under construction. You can see that here on your screen on the current aerial. The applicant has provided the attached concept plans showing the location of the proposed garage. I'm going to go to a zoomed-in version so you can see a little bit better. The applicant is proposing to place the 6,215 square foot masonry building to the north of the existing residence and attached garage approximately 40 feet from the north or side property line. The applicant intends to use the proposed garage for the personal storage of vehicles and household items. The applicants proposed garage is intended to have wall heights of 16 feet. The applicants proposal requires an additional 20 feet of setbacks be added to the front, rear and side yards. This can easily be accommodated due to the size of the applicants property and the proposed placement of the structure. If the requested special exception is approved by the board of zoning appeals, the total area of accessory structures, which would be 6,215 square feet, would account for approximately 2.8% of the total land area of the five acre parcel. The total square footage of all structures would be 16,881 square feet feet or total lot coverage of 7.7% which is still well below the maximum lot coverage allowance of 20% for RE1 zone properties. The applicant has also provided the attached garage plans which show the construction plans for the proposed garage. These are the elevations provided by the applicant that show the masonry building. The community development department's environmental specialist has performed a cursory environmental response in the attached memorandum dated July 26, 2024. And for our findings, the three standards for approval of a special exception according to section 3-9-6.2i of the Charlotte County zoning code are as follows. Number one, the proposed special exception is consistent with the comprehensive plan. Our finding is that subject property is located in the urban service area and the proposed detached garage is an accessory structure which falls under the general range of uses in the future land use classification for properties with the future land use map designation of rural estate residential. The comprehensive plans land use guide for rural estate residential uses include single-family residential dwelling units and small-scale agricultural uses. It may also include public services and facilities. The principal use is and will continue to be a single family residence and the proposed 6,215 square foot detach garage may be permitted with a special exception. The proposed special exception can be considered consistent with the comprehensive plan. Number two, the proposed special exception is compatible with existing and permitted uses surrounding the land on which the proposed special exception would exist. Our finding is that subject property is located on the west side of Minula Avenue to the east of King's Highway, to the north of Old landfill road and to the south of Suncoast Boulevard in Panagorta. The surrounding land uses consists primarily of single family residential units and vacant residential land. You can see on your screen here. To the north of subject property is the Maple Leaf Estates manufactured home park development, and to the east of subject property is the Sun Coast Lake single-family subdivision. Any future development in the surrounding area is likely to be low-density residential in nature, given the existing zoning and future land use map designations. Accessory structures like the proposed detached garage are customarily accessory and clearly incidental to the permitted primary uses and structures. There will be no parking or storage of any commercial vehicles, heavy machinery, hazardous materials, or construction materials other than what's being used to build their pool on subject property. The proposed garage is to be consistent with all of their code requirements, including matching the primary structure and appearance and materials. You can see on the facade elevation plans that they've provided and the applicant has also provided the following pictures that show their home and their property. So this is the applicant's existing home where the black truck or SUV is on this picture. The proposed garage will be located right behind that. This is facing the rear of subject property from the location of the proposed garage. This is another angle of the rear property line from the location of the proposed garage. This is another angle of the rear property line from the location of the proposed garage to show the screening that exists and another angle. This is looking towards the house from the location of the proposed garage. the process. I will be back. I will be back. I will be back. I will be back. I will be back. I will be back. I will be back. I will be back. I will be back. I will be back. I will be back. I will be back. I will proposed garage, I'm sorry, is to be consistent with all other code requirements, including matching the primary structure and appearance of materials, and therefore the proposed 6,215 square foot detatch garage may be considered compatible with existing and permitted uses. And number three, the establishment maintenance or operation of the proposed use would not be, shall not be detrimental to or endanger the public health safety or general welfare. The proposed, are finding, sorry, are findings that the proposed 6,215 square foot detach garage is a generally a customary accessory structure which can be considered compatible with low density residential areas and may be deemed consistent if developing compliance with all county codes. The applicant's proposal, shown on the concept plan, here on your screen, shows that the proposed placement complies with all setback and lock coverage requirements and the proposed detach garage does not encroach on any adjacent property. I'd like to highlight that the rear setback from the edge of the proposed garage to their property line is almost 450 feet. The proposed garage is to be of masonry construction and will match the existing primary structure and appearance of materials. Staff is unaware of any evidence that the establishment maintenance or operation of the proposed detached garage would be detrimental to or endanger the public health, safety, or general welfare. Yeah, I can't answer any questions. Thank you, and a big question. Yes. The law is to unconsolidate it, correct? Correct. Okay. He's got no access to the house without, if he sold that for us. Without it, unless he had an easement agreement, he'd have access to the house. My question is, if the property that's undeveloped was sold and an access agreement was reached, would the square footage being requested exceed the amount of square footage for the site with the primary house is? No, I don't believe it would because the standalone site is greater than a half an acre. The way the code is written is half acre or less, you're limited to 1,000 square feet and half acre more, you're limited to 3,000 square feet. All right, thank you. And there is the land and that is one of the reasons why when this code was drafted back in the mid teens, we did it that way, because these acreage lands, they're a quasi-residential, quasi-agricultural, kind of like a holding category, if you will. And so they have the land space to support larger, but they can be anywhere from one acre up to you know 10, 12, 13 or more acres for the zoning classifications. So we just want to make sure that it went through all the proper channels if somebody was looking to go bigger. Anybody else have any questions? I have a question. The App can't please come up at this time. How are you doing today? Good sir. How are you? Hi, my name is Jason McMahon, 2445, miniola avenue, and I have been sworn in. Platforms are yours. As you can tell, I live on 10 acres, and we have kind of a large family. We're kind of like everybody else trying to protect our assets as you know our employment weather. You know I'm tired my tractor sitting out my boat sitting out my RV that I have I have to have it you know stores off site which I'm spending money on that so I am a local general contractor. I comply with not running a business out of my house. I do have a current location that we currently have our office here in the north end of the airport, off airport drive, air park drive. We are in permitting with the, we've already been approved for the DRC with another, we bought two and a half acres to put a 12,000 square foot building office space, which we are getting ready to go into permitting. So I know what I'm asking is kind of large, but at the same time when you own two acres, you have to trim your trees. You have to maintain your land. You know, I have two giant dogs that love to roam and We just want to be able to keep everything Onside and protected You know just having to go here to get your RV or you know having to replace my seats in my tie in my tractors because the sun is just Delapidated them, you know, so this is why we had kind of came up with this. And I can't see any reason why I would ever need anymore. So we just wanted to just go ahead and ask to try to do this now than having to do anything later. And as you can tell, we're not trying to put a pole bar in up. We're not trying to do a pole bar in up, we're not trying to, you know, to do anything outside of making it just as beautiful as our house that we built four years ago. Big-end questions for that, Ken. Thank you, sir. Yes, sir. Thank you. Thank you for time. Graduates, I never big enough. At this time, I open for public comment. Mr. Scher, as they're coming up to the podium, I open for public comment. Mr. Scherner, as they're coming up to the podium, I received a significant amount of letters from neighbors who are unable to attend. Most of them are snowbirds. There are some in favor, some against, so I will distribute these and we will label this as composite exhibit H for the record. Thank you. Hello. Morning. My name is Catherine Gorman. I live at 24463 Pine Ridge Place. Port Charlotte. This property is actually in Port Charlotte, not Poonagora. And it's in the Sun Coast Lakes community. I have been sworn in. My home is in within the 1,000 feet. It's northwest of where this proposed garage is going to be built. And I am in agreement with it being built. I just had a couple of questions. You had some photographs of the trees that are screening the property line at the moment. I wanted to ensure that none of those trees and tall shrubs were going to be removed during construction of this garage, so that the visual screening between this subject property and the sun coast lakes homes will remain, so that we don't see this garage from our homes on the north side of the property and the west side. Is there an answer to that question? I have a question, sir. I believe the applicant can address that when it's their turn after public input. They'll have the. All right. And you mentioned also another question. The wall height would be 16 feet. What would be the height at the top of the roof line? Madam, we're not here to answer your questions, I'm sorry. I'm sorry. Just here to give you a comment. That's my comment is, I want to make sure that the homes in San Coast lakes community to the north and to the west of this parcel where this proposed garage is being built. Do not see this garage that there is maintains a visual screening from the vegetation and that is also affected by the height of this garage. And also the exterior lights on the proposed plan that I see, that those would not be visible to the Sanco-Sleik's community adjacent to this parcel at night. That's my comment. Thank you. Anybody else would like to come up this time? As your opportunity. I think I was so like to come up this time. As your opportunity. Seeing none, I like close public comment. I think the close public comment. Backing in. My favorite. I just want to give us time to look at this packet of guys. What we're doing now, Sean. Can I ask you a question? What would be a maximum height for this building? I cannot read it on that screen, but the zoning district allows for up to 38 feet. 38 feet, okay. So you can come back up. You can put up polls with lights on them and I get it, but be nice to know that you're not going to have the lights pointing to affect the neighbors. Yes, ma'am. Ma'am, you got to talk in the mic. Sorry. The way that this was designed, if you would like to pull up where as the proposed garage everything is facing inward to where there is nothing going to be seen, no lights, no anything like that just because everything is faced inward because we did not want to impede on anybody else. If you could see us our current house, I believe is roughly around 35 feet tall, being two story. This one is smaller, this one's 31. And yes, there are no trees. We picked this place just because it was just kind of perfect to keep it secluded to us and not encroach on anybody behind us. Well, personally, I would really look at your graduate and all your stuff sitting outside. I agree. No, and again, that's one of the other reasons why we want to do this just because, again, it's not fair for any of my neighbors to see my mower sitting outside or anything like that. So we just want to keep it clean. You said you had to exhibit for this. Yes, we're gonna label that as composite exhibit H for the record. Yeah, but get a chance to look at this. Anybody have questions, Mr. Chairman? Thank you, sir. Yes, sir. Thank you. Just a few things to note. The citizens comment there is an intervening parcel between to the north, between their property and sun coast lakes. Obviously that person could come in and pull proper part to what they want. And if you look at that aerial and the property lines, a majority of the existing vegetation is actually on sun coast lakes, HOA property. So with respect to removing vegetation, a majority of it is the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of I believe they're almost all nose and I think the top one is yes, but I'm not sure if there were any other yeses mixed. I think it was pretty much one and then the rest. Okay, thank you. Chair, I'll concur with Miss Nolchek's statement. The top one is in the affirmative, the rest are in the negative. All right, thank you. Miss Nolchek, you're back on. Thank you, Mr. Chair, I have a question for you. Mr. Chair, I will check it back on. Thank you, Mr. Chair, for our recommendation. After a review of the site and the application requesting the special exception, it is staff's professional opinion that the proposed special exception to exceed the maximum square footage of accessory structures of 3,000 square feet for a property greater than 1-half acre in size to allow a 6,215 square foot detatch garage does meet the three criteria for granting a special exception. Staff notes that each special exception request is reviewed on a case-by-case basis and the decision of the Board of Zoning Appeals does not create a precedent. If the Board of Zoning Appeals decides to approve the requested special exception, staff recommends the following conditions be adopted as conditions of approval to ensure that the use is in compliance with the purpose and intent of the zoning code. The recommended conditions are as follows. Number one, the special exception as approved by the Board of Zoning Appeals is to exceed the maximum of 3,000 square feet of accessory structures on a property greater than 1-half acre in size. To allow a 6,215 square foot detached garage and extends only to the lands included in the site plans and legal description submitted with this application. Number two, the concept plan submitted by the applicant as part of the petition are for illustrative purposes only. All applicable regulations of county coach I'll apply to this development. The applicant shall obtain all necessary permits and approvals as applicable to this development, including but not limited to right-of-way access and building permits. Number three, the storage of heavy machinery, debris, or hazardous materials is prohibited. Number four, the construction of any additional accessory structures will require a modification of the special exception. Number five, the detached garage shall be for the personal use of the property owner and shall not operate as a commercial storage business. Storage spaces inside the garage may not be leased or sold to other individuals or businesses. Number six, the special exception is granted for a term of three years from the date of approval from the Board of Zoning Appeals. However, the special exception shall not expire if the owner commences the proposed development honor before the special exceptions term expires. And number seven, any major changes or additions to the special exception shall require a modification of the special exception. Minor changes or additions such as accessory uses may be approved by the zoning official. That's it Mr. Chair. Thank you. This time we're looking for a motion. Mr. Chairman, I have that motion. Please thank you. This time we're looking for a motion. Mr. Chairman, I have that motion. Please, thank you. Mr. Chairman, I would move that SE-24-014 be approved based on the Community Development Department staff report dated August 7, 2024. That the evidence presented at this hearing and the finding that the applicant has met the required criteria for the granting of the special exception. The conditions noted in staff report 1 through 7 are also hereby adopted as conditions of approval of the special exception. We have a motion. We have a second. A second. Any discussion? All in favor? Aye. You have a grad, sir. Have a good day. Five minute break, everyone. Thank you. You have your garage, sir. Have a good day. Five minute break, everyone. Thank you. Oh I'm gonna go back to the school. I'm gonna go back to the school. I'm gonna go back to the school. I'm gonna go back to the school. I'm gonna go back to the school. I'm gonna go back to the school. I'm gonna go back to the school. I'm gonna go back to the school. I'm gonna go back to the school. I'm gonna go back to the school. I'm gonna go back to the place where I'm gonna go. I'm gonna go back to the place where I'm gonna go. I'm gonna go back to the place where I'm gonna go. I'm gonna go back to the place where I'm gonna go. I'm gonna go back to the place where I'm gonna go. I'm gonna go back to the place where I'm gonna go. I'm gonna go back to the place where I'm gonna go. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. I'm gonna go home. Oh I'm not sure if a little bit of the same thing. I'm not going to be a good guy. Thank you. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of a hole in the middle of the hole. I'm going to make a hole in the middle of the hole. I'm going to make a hole in the middle of the hole. I'm going to make a hole in the middle of the hole. I'm going to make a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do it. I'm going to make a little bit of a hole in the middle of the hole. I'm going to make a hole in the middle of the hole. I'm going to make a hole in the middle of the hole. I'm going to make a hole in the middle of the hole. I'm going to make a hole in the middle of the hole. I'm going to make a hole in the middle of the hole. I'm going to make a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. Thank you. We'll come back to the presentation for the county. Thank you, Mr. Chair. It is still morning. So good morning again for the record of Elizabeth Nocheck, AICP, Senior Planner for the Community Development Department. I'm the project planner for this application and I have been sworn. At this time, I request I be accepted as an expert in planning based upon the summary of my qualifications which are set forth in exhibit one to the staff report. Notice of this public hearing was given in accordance with county code through mailings, postings and publication. This is petition SE-24-015. Mr. Dennis Croyle, PE, Representative for Charlotte County Utilities, or CCU, is requesting a special exception to allow an essential service consisting of a vacuum pump station in the residential single-family 3.5 zoning district. The proposed use is to be located at 660 North Ellicott Circle in Port Charlotte. This is the 1,000 foot mailed notification area map for maillars that were sent out for this petition. And this is the location map for subject property. The zoning map currently on your screen shows the zoning of subject property, which is RSF 3.5 and the zoning of the surrounding area. Subject property has a future land use map designation of low density residential. The attached area image shows the location of subject property on the northeast side of North Ellicott Circle to the west of TMA Mutorial and Central Port Charlotte. The, oh sorry, this is the area image. And this is the site image, which is a 2024 aerial photograph showing a close-up view of subject property in the adjacent parcels. This is the 2024 Eagle view image of the area as well. Section 3-9-33 of the County Code establishes the regulations for the RSF 3.5 zoning district. The applicant is proposing to construct a new vacuum pump station on subject property as part of the ongoing lake view midway water quality improvement project. Section 3-9-33F-8 allows essential services, if approved as a special exception by the board of zoning appeals, provided the applicant complies with all development standards, as well as reasonable conditions imposed by the Board of Zoning Appeals. The land development regulations establish the buffers required between different zoning districts and for certain land uses in section 3-9-100. This code requires a minimum type B landscape buffer for essential services when embodying RSF zone properties. The applicant has provided the attached narrative, which provides a detailed overview of their proposal and addresses the three approval criteria for special exceptions. The applicant is proposing to develop a vacuum pump station on subject property as part of the Lakeview Midway Water Quality Improvement Project. This large-scale project will allow approximately 1,500 properties currently served by septic systems to connect to the county's wastewater or sanitary sewer system. And a municipal service benefit unit or an MSPU is being established for the area. In addition to subject property, the applicant is proposing two additional locations for vacuum pump stations in the surrounding project area, which are shown here on your screen, on the pump station locations map. This has been provided by the applicant. On your screen is also their proposed MSPU location. The other locations for which the applicant has submitted the required special exception applications and you will hear following this petition are 155 Granada Street which is petition SE-24-016 and 700 Chevy Chase Street which is petition SE-24-017. the application is provided with the application for the application for the application for the application for the application for the application for the application for the application for the application for the application for the application for the application for the application for the application for the application for the application for the application for the application for the application the applicant intends to construct a 156 square foot building near the center of subject property which will be used to house the vacuum pump station. Surrounding the proposed structure is a security wall with additional picket fencing on top which has an overall height of approximately 9 feet. The concept plans show the proposed driveway type B buffer, generator an overall height of approximately nine feet. The concept plans show the proposed driveway type B buffer generator pad and odor control features. These are some of their other site plans that they provided this is the floor plan for the proposed structure. This is the landscape plan showing the type B buffer surrounding the perimeter. This is the Type B buffer diagram. And these are the elevations of the proposed structure that would be placed on the property. This is North and South and Weston East. On your screen now are some photographs provided by the applicant showing a recently constructed vacuum pump station in the area and the proposed vacuum pump station will mimic this structure in appearance. The community development department's environmental specialist has performed a cursory environmental review and their comments are in the attached memorandum, dated July 26, 2024. So for our findings, the three standards for approval of a special exception according to section three, dash nine, dash six point two, I of the Charlotte County Zoning Code are as follows. Number one, the proposed special exception is consistent with the comprehensive plan. Our finding is that subject property is located in the urban service area and the proposed use of an essential service consisting of a vacuum pump station is a use that falls under the general range of uses for properties with a flume designation of low density residential. The Comprehensive Plans Land Use Guide for Low Density Residential Property includes uses such as single-family residential manufactured residential dwelling units, sub-neighbored commercial uses, recreational facilities with residential developments, schools, and public services and facilities. Essential services such as utilities can be considered public services and facilities as they serve the needs of the general public. Additionally, the infrastructure element of the Charlotte 2050 Comprehensive Plan contains multiple goals, objectives and policies that directly support the development of essential services throughout the county to best serve the needs of the public, including the potable water and sanitary sewer or WSW goal three, provision of utility services, WSW objective 3.1 connection to utility services, WSW goal 5, sanitary sewer, goal 6, Charlotte County Utilities, and policy 6.1.1 project prioritization. The proposed vacuum pump station is part of a larger project to convert thousands of properties from septic systems to sanitary sewer service and is consistent with WSW policy 6.1.2 sewer expansion program. The proposed essential service can be considered consistent with the general range of uses for the low density residential designated lands and with the infrastructure element of the Charlotte 2050 conference. Number two, the proposed special exception is consistent with existing and permitted uses surrounding the land on which the proposed special exception would exist. Our finding is that subject property is located on the northeast side of North Ellacott Circle to the west of Tiamia, Metrial to the north of Midway Boulevard in central Port Charlotte. The surrounding land uses consist of single-family residences and vacant residential lots to the north, south, and west, and commercial businesses and vacant commercial land to the north, south, and east of the property. In order to make the proposed special exception use of an essential service more compatible, staff is recommending conditions of approval, including the requirement for a type B landscape buffer the site. The site is affordable. Staff is recommending conditions of approval, including the requirement for a type B landscape buffer around the perimeter of the vacuum pump station compound. The type B buffer will consist of the aforementioned wall, as well as canopy trees, understory trees and shrubs. The proposed vacuum pump station would be accessed by a paved driveway, but visits to the site would be rare as the facility is unmanned and is not open to the public. Essential services, including vacuum pump stations, must be located near the areas they serve. As this is in an area with many developed residential and commercial properties, vacuum pump stations and other essential services are necessary to provide adequate levels of service. For these reasons and as conditioned, the proposed essential service, consisting of a vacuum pump station, can be considered compatible with existing and surrounding uses. And number three, the establishment maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. Our finding is that the establishment maintenance or operation of the proposed essential the federal government's federal government's federal government's federal government's federal government's federal government's federal government's federal government's federal government's federal government's federal government's federal government's federal government's federal government's federal government's water or sewage collected from the surrounding neighborhood to the East Port wastewater treatment plant to be treated. The utility compound is accessed by a single driveway and should not produce a noticeable increase in traffic as this facility is not open to the public and is only accessed by designated county staff when necessary. The Essential Service Facility is intended to be unmanned and is expected to have only occasional visits for periodic maintenance of the utility and surrounding grounds. The site is equipped with an emergency generator which will only be used in the event of a power outage. The site is also intended to include an odor control structure which is shown here on the concept plan. The odor control features of the project should mitigate any potential impacts of the proposed essential service on the surrounding area. The machinery and equipment of the vacuum pump station is contained inside a masonry structure which will significantly reduce any noise generated by the system. This proposed vacuum pump station is part of a larger project to serve approximately 1500 properties in the surrounding area. The locations for the proposed vacuum pump stations were chosen specifically to allow for the optimal service delivery and efficiency and are dependent on each other to sanitary sewer system. Sanitary sewer service is one of the county's priority infrastructure projects and has a direct correlation to water quality and ties into the county's blue water strategy. As septic systems age or due to poor maintenance, leaks may form in turn resulting in a fluent leaching into the ground and into the water table. By replacing septic systems with sanitary sewer service, this risk is reduced. The applicant has completed their preliminary engineering report, which was adopted by resolution by the Board of County Commissioners on July 11, 2023. The preliminary engineering report contains a detailed analysis of current and projected future conditions, environmental impacts, and recommendations for improvement projects. As the county's population continues to grow, so does the demand for essential services. For these reasons, and as conditioned, it is staff's professional opinion that the proposed use of an essential service, consisting of a vacuum pump station, would not be detrimental to or endanger the public health, safety, or general welfare. Some of our state of report, Mr. Chair, I'd be happy to answer any questions. So they hear for three identical vacuum pumps in three different locations. They are not 100% identical but very close. We will be doing much abbreviated presentations for the next two. I wanted to make this one as comprehensive as I could. Trying to get- Just to do that, yeah. They're all similar. Yes. Just in three different locations. Correct. This is all part of a master design system, and so that's why these locations were chosen via engineering because the whole system, they have to place the stations, if you will, in the proper locations to make sure everything gets. It goes downhill so far than you got it. Exactly. And that is one of the issues with this and why she's doing it in this fashion is because it's all part of an integrated design for this area for the system. Will the app can come up with this time, please? This. I'm going to ask you to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to ask the staff to and I have been sworn in. Yes, Mr. Chair. I'm going to answer your question. Oh, or do you have one? First you get a tell us whatever you want to tell us about. Yeah, sure. So I'm just to kind of, the exhibit up on the left that's in green. That entire area is, it's one project for Charlotte County utilities. And these station sites have been centrally located to try to serve as much as possible to limit the amount of infrastructure for the county. We are under design. It's a vacuum sewer system which you mentioned it does flow downhill but one of the unique aspects with vacuum it flows down and it can lift back up within the collection system. So we get more bang for our buck than a traditional gravity system in areas like this. If these sites are not selected they say we can't use them it would cause a major redesign at this point. I wanted to point that out. These will be the... there's currently four vacuum stations in Charlotte County, four Charlotte County utilities. One is in the neighborhood right next to it in spring-like. There's actually two over there, and they're going to look pretty much identical. The same thing, it's going to be a mason rebuilding, metal roof. There'll be a masonry fence around the exterior of it, landscaping. These are not occupied stations, they're remotely operated with controls and skater equipment. There will be personnel there from time to time doing system checks, but there will not be a daily worker being there, a parking as car. It'll just be for standard operation. And I think that's all I have. Here's the questions that we usually get in this. I'd say traffic pattern, they would have known, how many times are coming and going. They're always concerned about the smell and the noise. Can you talk about that? Sure, Again. I'll start with noise. We understand it's a key factor. The two things that will create noise at this station are the pumps. There's several pumps in this system. And there's also an external generator. There's just one generator on it. And that's the standby generator if power goes out from a storm or whatever. It'll run. So when we select those pumps, we make sure we try to get ones that are quieter than others. And likewise, the generator. There are certain types of exhaust silencers we can put on those to reduce noise. We can also control the system in such a way that the way pumps work is they run on power and we can reduce the hertz going into them or how much they spin which also reduces noise through the controls. So where do we do that as well? The Mateson Erie building, it's a concrete Mateson rebuilding with cells. We will fill those completely full. Every cell will be filled as a way to further minimize noise from leaving the building. It's not a closed building. It's ventilated. There's not windows like you have on your house. There's vents. There's louvers. Those louvers, which you can kind of see in some of these exhibits, we will select noise reducing louvers. They won't prevent noise from escaping the building, but they will help minimize it. Also the walls, the walls on the exterior, which you can kind of see there, it's just another barrier for any noise vectors that are leaving the building. And that generator, just one last thing, it is housed in a noise reducing enclosure. So it's an insulated enclosure that's generator will sit in. There's one in that top, oh you can go back Elizabeth. That top... That's right. That's right. So one thing that we want to point point out when you go to one of these existing stations if you're to drive by, it does make a different sound but the sound does comply with development standards. The we're meeting standards of the county. Everybody, all the adjacent homes to these, which all the other stations are built by existing homes They all have air conditioners running and those comply with development standards as well So it does make noise just like every other house makes noise Last comment would be on odor Oaters at the vacuum station are only possible through the vacuum exhaust. So unlike traditional gravity lift stations, if you know what one of those is, it's a well that the wastewater flows into. This whole system is sealed and we're actually pulling vacuum down on a tank. But it does take odor and release it out of the tank through a odor control bed. And that is a bio filter media. We have many of these in place. It's basically mulch that the exhaust fumes rise up through the mulch and that mulch creates a media that absorbs any foul odors and then releases it into the atmosphere. Those mulch beds do require maintenance. Utility staff is trained in that maintenance. And that's all I have for noise and odor. Anybody else have any questions? You may be seated. Thank you. At this time I open for public comment. The family would like to come up and speak. This is your opportunity. Is this just for the property or the other three? Let's just do this one right now. No. This is for Ellicott Circle. I'll just do this one right now. This is for Elacot Circle. Yep. Anybody here for Elacot Circle? And I'd like close the public comment. Move to close. Second. Long favor. Hi. Elizabeth. Thank you, Mr. Chair, for a recommendation. After review of the site and the application requesting this special exception, it is staff's professional opinion Thank you, Mr. Chair for a recommendation. After review of the site and the application requesting this special exception, it is staff's professional opinion that the proposed special exception use of an essential service consisting of a vacuum pump station does meet the three criteria for granting a special exception. Staff notes that each special exception request is reviewed on a case by case basis and the decision of the Board of Zoning Appeals does not create a precedent. If the Board of Zoning Appeals decides to approve the requested special exception, staff recommends the following conditions be adopted as conditions of approval to ensure that the use is in compliance with the purpose and intent of the zoning code. The recommended conditions are as follows. Number one, the special exception as approved by the board of zoning appeals is to allow an essential service consisting of a vacuum pump station and extends only to the lands included in the site plans and legal descriptions submitted with this application. Number two, the concept plan submitted by the applicant as part of this petition are for illustrative purposes only. All applicable regulations of county code shall apply to this development. The applicant shall obtain all necessary permits and approvals as applicable to this development, including but not limited to site plan review, right of way access vegetation removal, fencing, stormwater management, and landscape plan approval. Number three, a minimum of a type B landscape buffer with a 6-foot tall fully opaque fencer wall shall be constructed and planted around the perimeter of the development area. The type of fencing required shall be determined based on the width of the buffer proposed during the site plan review or permitting process. All buffers and landscaping shall be installed prior to the certificate of occupancy being granted. Number four, this special exception is granted for a term of 10 years from the date of approval from the Board of Zoning Appeals. However, the special exception shall not expire if the owner commences the proposed development on or before the special exception's term expires. And number five, any major changes or additions to the special exception shall require a modification of the special exception minor changes or additions such as accessory uses or structures may be approved by the zoning official. And that's it, Mr. Chair. Thank you. And this one's backed up to commercial, which is off of 41. So just for saying, looking for a motion. Just a question. On item number four and recommendations, is the 10-year timeframe because of the length of time to develop the entire project? Yes, they also still have to establish the MSBU. So there's other things involved with this, so we wanted to allow enough time. And can you just clarify for me on type B landscape buffer? The type of fencing required shall be determined based on the width of the proposed buffer during the site plan review. Can you explain that to me? Yes. And our buffer code allows for different widths options. And as the buffer becomes more narrow, more plantings and screening is required. So the more narrow your buffer is, if you choose the seven foot wide option, you're required to have a fence. If you go up to 15 feet, there is no structure required. However, due to site constraints and staff's recommendation, the wall would be required. So it's on a standard 80 by 125 foot lot or? Correct, sir. Okay. May I like to make a motion? Sure, Mr. Chairman, I'll move that. SC-24-015 to be approved. Based on the community development department staff, report dated August 7th, 2024. The evidence presented at the hearing of finding the applicant has met the required criteria for the granting of a special exception. And all five recommendations by staff should be included in this motion. Second, that Mr. Chairman. Motion is second. Any discussion? On favor? Aye. Chairman. The motion is second. Any discussion? On favor? Aye. Aye. Okay, now we're going to number five, petition SE24, test 116. Thank you, Mr. Chair. For the record, Elizabeth Nocheck, AICP, senior planner for the community development department. I'm the project planner for this application. I have been sworn at this time I request I be accepted as an expert in planning based upon the summary of my qualifications which are set forth in exhibit one to the staff report. Notice of this public hearing was given in accordance with county code through mailings, postings, and publication. This is petition SE-24 to our 016. We're going to skip a lot of what I normally would present because we just heard most of it. So we'll get to this. I'm sorry. Please. Okay. So we're just going to go to the specifics. This is the mailed notification area map for mailers that were sent out for the petition. This is the location map for subject property. The zoning map shows that this is residential single family, as well as the surrounding area. It is a future land use map designation of low density residential. This is the area image, the site image. This site is different than the previous as it is a double lot. This is the EGLE view Image, the current area. We are now down here at 155 Granada Street. This is the survey. This is their site plan for this development. Slightly larger floor plan landscape plan. This is the buffer diagram again. The elevations. So you can see the walls surrounding the compound and the louvers. And these are photographs showing another example of another station in the area. This one will be the Granada Street one will look more like this as it's a bit larger than the previous. I guess that's the summary of our Stanford report, Mr. Chair. I'd be happy to answer any questions. Sure, will you come up again? Just for the record, Mr. Chair, the remainder of the staff report is submitted on the record as part of this. The remainder of the staff report is submitted into the record and will be considered as part of this package for this item. Thank you. You said I just want you to repeat this. You put these where you can put the fused amount of these as possible to make big of a volume as possible. So if you don't put them in these locations, you would have to put more in. Is that correct? Yes, that's correct. Anybody got any questions for him? Okay. You want to say anything different on this one? Nope. All right, thank you. I'm going to go to the district. Okay. You want to say anything different on this one? Nope. All right. Thank you. At this time we're open to public hearing for 155 Grenada Street. Same way here for that one. Please come on up. Morning. My name is Charles Stoddard. I have been sworn in and I live directly behind this proposed structure or proposal. And my concern is, and first of all, I have a question. I believe there is a station already at the corner, at a tuna and edge water street. And if that's so, why is it necessary to put another one within two blocks away from that? Current one. Okay. Go ahead. Anything else? I'm concerned also about how it would affect the value of my property. And that is a concern. My wife and I were discussing when we first got this information or this proposal. And I've seen a number of these, as was mentioned, shown in the picture in different areas. And I was just wondering, and curious, why, if there's one already, that close to where I am, why is it necessary to put another one in that close? We can't tell you about the value of property. Matter of fact, you should have brought in an expert to tell us that it would hurt or not hurt you, the value of property. I can't tell you that. Sorry. We can have the applicant's representative answer the question about the other site. Yeah, we can. And again, we were concerned about the odor and the running of the motor, how it would affect our quality of life and living conditions there. But this gentleman, I think he explained pretty much the same thing that exists that would be, in our area as well. So, I just wanted to represent my family and a couple of my neighbors that were concerned. Thank you. Thank you. Sure would you come back up again? Tell us why we're doing another one so close to existing. I believe he's talking about the out tuna station. I wish I had a pointer. It's somewhere down off edge water and out tuna. It's right. Edge water, just north of edge water on that left side on out tuna. I guess it would be the northwest corner of there it is right there. So that is a master lift station. It's a completely independent system of this. It does not collect the flows from the Lakeview Midway Granada area. It's more of a, it's collecting it from a different area. So type of technology. We're proposing a vacuum sewer system that is part of a gravity sewer system for edge water drive. That's, I think that's it. Can I just ask you one question. So the proposed site that we're looking at now, does that transfer waste to the location on Negewater Drive? Or is it totally independent? Totally independent. There's going to be some transmission mains that will be taking flow from that out tuna station, as well as the recently completed accraman countryman station, which also had a special exception. They're gonna kinda manifold together, go up midway, the Grenada station will manifold into that pipe and it'll go to Wawa and it's a big complex utility system, but they're all connected through a transmission main, but the stations operate independently. Yeah. Thank you. Mammy, wanna come on up? Sure. Yes, sir. My name is Chris Smith. I live the lot next to the proposed station. You have just worn? Yes, sir. I've been sworn. And I know that there are smells that come out of there, no matter how often the filter system has been cleaned, changed. And I have a low-lying house. I sit five foot above sea level. What is this proposed to be the height of it build up the build up height? Just torture for the lot For the building itself how high will be and Noise is also a concern mine been there 23 years Then woods have been there the whole time and also want to ask Is it just one 25 by 80 quarter acre lot that's gonna be encroached on or is it gonna spread out further than that. They said they got two lots here. So it's a half acre? Two lots, two 10,000 square for less, 20,000 square feet, two residential lots. Gotcha. So, okay, half acre, okay. Yes, so then that leaves a quarter acre buffer in between that station. If you look up there, you can see that. I got to. That leaves a quarter acre buffer in between that station in my house. I've been there 23 years and if the station that is on Al-Tunin and Edgewater is doing just fine, it's a small station. It's not massive like this. Why can't that be used just as well? Like the one on Al-Tunin, why do we need this big plant there? This is from what he said, this is expansion, something completely different. So that one's gravity, this one is vacuum. Right, when with vacuum, we know that if we vacuum a floor that stinks, the vacuum's going to stink, the air's going to stink. And that's my biggest concern. Thanks sir. I have to sign here. Please. Yes sir. Anybody else like to come up now? No. My name is Donna Wofford, and I have been sworn in. Way I'm taking this meeting, I've never been to one, so I don't truly understand how this works. But the way I'm taking it is you're just listening and we're not getting any answers. There is a different station on Altoona in Edgewater, which is just two streets from my house. I don't get any of this. This station where it's being put in is between me and my neighbor. There are sounds, there are smells. There goes my property value, period flushed out in the toilet. Absolutely. And the thing I wanna make out first, because I'm gonna get a little emotional, because I'm mad. I'm mad, this is my home. I have been here 23 years. I have been through all the hurricanes. I've been through all of this. And for someone to come up here and think that I don't matter in this scenario, I do. I matter very much so. I don't think any of you live by any of these stations. I bet they're not in your backyard. So when you go and you all say, I, I, I, I, what are you doing is smacking me down, down, down is how I feel. And I thought this was supposed to be for the public, but it isn't. This is all for big gain. It ain't for me because my house is sitting right there and I'm telling you I don't want it. I don't want it next door. When I'm already looking at one, it's different. I get that he says it's different, but it's still the same Kind of process two streets over for me. So what there's already two you're gonna put a third one here and next one there What's gonna happen my whole little neighborhood because we're not Overpopulated, but it's definitely populated. I can't walk outside without seeing a neighbor So what we're just gonna end up with all the shit pulling my house and my yard, that type of feel. And that's all I got to say. Anybody else would like to come up this time? I just... Sure you got to get to the mic. Is he going to answer the questions that we ask or not? If I ask them the questions, you'll answer. Okay. All right. Thanks. Thank you. Anybody else would like to come up on this one? You're a spokesperson. Question. Could this propose that we reconsider? Of course, we really don't like what's being proposed. Could this consideration be given as far as the residents are concerned, we're just not with it. We're disappointed. We're not happy with it. I understand. Thank you. This time I like to close the public comment. I'll make it close public comment. Second. All in favor? Hi. Sure. Will you mind coming up and try to answer their questions? I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. We're actually going to be higher than that. Okay. Is there any chance we're going to flood over? No. Well, we will comply with the development standards, specifically the new FEMA maps which were brought out, I believe, in October of 2016 for this area. Might have been 2020, but in addition to being above FEMA flood elevation, which is the federal required flood elevation, we will have an additional two feet of free board. So our finished floor will be two feet higher than FEMA because we are an essential facility. This is something that needs to run when there's storms or any type of crisis. So we will be higher than that. And a lot of this area and surrounding is very low. It's very low lying. So we will make sure, I mean, ours will definitely be higher than everybody else. Does that help? Was there another question too? They still concerned about what I thought they would be smelling sound. If you wanna explain more about that. Yeah, let's say this, if you go smell your bent stack on any of your houses, you will smell sewage odors. And it would be the same if you smell the odor control bed here. It's not like we can make it go away and it's same with the noise. It's at our residential homes there's noises in these pumps. Is there going to be any louder than AC in my house? It's going to be different but as far as complying with development standards, we're going to meet those. So it's a different noise than your air conditioner, though I can say that it's a pump. But as far as level, it will meet ours. It's not going to be illegal or whatever. It's not going to break any ordinance. Mr. Croial, do you have a estimated decibel? I believe it's less than 60 or 54 or something like that. I don't know. I know, I think it's 60. Can you correlate that for me? What that actually equals? What's in comparison to? I would go back to an air conditioner running at a house in you standing at the street or perhaps a you standing at your house and hearing a garbage truck drive by in the morning or a vehicle drive by. It's all noises that we hear regularly. Yeah. So we have pumps running out our houses when we have swimming pools, a lot smaller. A lot smaller, a lot smaller. Also, these pumps are inside a building too. So it's going to muffle the sound slightly different, but they're much bigger than your pump. Cool pump. I understand that, but it noise-wise wise when I'm trying to get it. Yeah. This is always the topic that comes up at every single one of these. I would just encourage, or maybe if you've been by one of these stations to see it operating, it's a lot of times no one's there and you know these pumps aren't always on full bore. Basically as the tank level rises the pumps will kick on, draw the tank down, evacuate the sewage from the station and then they shut off. The station does have an air condition or two so that'll be running in the background because there's a control room that has to be cooled. So there'll be other noises besides the pumps too that are standard for developments. I'm about to have any questions. If one of these is not approved it affects the others is that correct? Yes. Nicole I'm sorry could you repeat that with your microphone on? Thank you. If one of these three that we're hearing today is not approved, it would affect the placement or functionality of the others and in fact affect the sewage movement in the area. Yeah. It would affect the project, I would say, as a whole. So the board has approved the project to eliminate septic tanks in this area with collection system. So I guess perhaps if this one was eliminated and said oh we're not doing it or we can't build it here we would look for another way to expand on existing station which may make the other one bigger. I don't know it's a complex answer. BSC it would have impacts on the adjacent systems. And as far as the location look we look at multiple sites when selecting these Elizabeth could you bring up that green one there. When selecting a site the first thing we do is evaluate, what does the county already own, so we don't have to spend more money? If there's no county owned properties, we look at using maybe parks or some other type of multi-use type situation we could have. If that doesn't work, the less resort is we purchase property. This particular Grenada site is, we purchased. We bought these two lots. I don't, they weren't for sale. We contacted the owner and wrote a letter and I think real estate services did the deal. But the unique feature about this is it's centrally located. Elizabeth, where that, what's the name of the park in the middle of my project site on the right? It's a spring-leaker. Is it Kawan? Yeah, Kawan is park. If you go back to that one map. So if you were to draw a horizontal line across cool, maybe the other map to the right Elizabeth. Yeah. If you were to draw a horizontal line across that MSBU boundary or proposed MSBU boundary, this Grenada station is essentially serving everything south of that line. And it's essentially located as possible. We don't want the station on like the border of the line because what we want to do is minimize smaller diameter pipe lengths. So if we were to put the station furtherly located to one side of me there's larger pipes throughout this whole system. And it also makes it better for operation and maintenance. They have more zones which is these are all topics that you guys aren't probably familiar with. But it makes it easier for maintenance and operations to have essentially located stations. So that's why we pick this site. I understand all that. I just looking for you to help me let the people that gonna live next to it understand that it's not going to be noisy or smelly and that's all I'm having. I think I've done, I've said all I had to say about that. Right. Thank you. Elizabeth. Are you ready for a recommendation? Okay, just making sure. So for our recommendation, after review of the site in the application requesting the special exception, it is staff's professional opinion that the proposed special exception use of an essential service consisting of a vacuum pump station does meet the three criteria for granting a special exception. Staff notes each special, each special exception request is reviewed on a case-by-case basis and the decision of the Board of Zoning Appeals does not create a precedent. If the Board of Zoning Appeals decides to approve the requested special exception, staff recommends the following conditions be adopted as conditions of approval to ensure that the use is in compliance with the purpose and intent of the zoning code. The recommended conditions are as follows. Number one, the special exception as approved by the Board of Zoning Appeals is to allow an essential service consisting of a vacuum pump station and extends only to the lands included in the site plans and legal descriptions submitted with this application. Number two, the concept plan submitted by the applicant as part of the petition are for illustrative purposes only. All applicable regulations of county code shall apply to this development. The applicant shall obtain all necessary permits and approvals as applicable to the development, including but not limited to site plan review, right of way access vegetation removal, fencing, stormwater management, and landscape plan approval. Number three, a minimum of a type B landscape buffer with a 6-foot tall fully opaque fencer wall shall be constructed and planted around the perimeter of the development area. The type of fencing required shall be determined based on the width of the buffer proposed during the site planar view or permitting process. All buffers and landscaping shall be installed prior to the certificate of occupancy being granted. Number four, the special exception is granted for a term of 10 years from the date of approval from the Board of Zoning Appeals. However, the special exception shall not expire if the owner commences the proposed development honor before the special exception's term expires. And number five, any major changes or additions to the special exception shall require a modification of the special exception, minor changes or accessory use it, sorry, minor changes or additions such as accessory uses or structures may be allowed by the zoning official. That's it, Mr. Chair. Any may want my commission? I would move that SE-24-016 be approved based on the community development department staff report dated August 7, 2024 that the evidence presented at this hearing and finding that Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department of State Department any discussion? All in favor? Aye. I. Elizabeth, one more to go. Yes, sir. Mr. Chair one more time for the record Elizabeth no check AICP senior planner for community development department I'm a project planner for this application and I have been sworn at this time I request I be accepted as an expert in planning basis based upon the summary of my qualifications Which are set forth and exhibit one to the staff report notice of this public hearing and accordance with county code through mailings postings and publication. This is petition SE-24-017. As Mr. David stated before the remainder of the staff report shall be entered into the record. This is the 1,000-foot mailed notice area map for mailers that were sent out for this petition. This is the location map for subject property. The zoning of subject property is RSF 3.5 and the future land use map designation is low density residential. This is the area image and the site image showing a close-up view of the property. I'm sorry. This is the site image and then the 2024 Google, not Google, EagleView image of the property. These are the maps that we've seen showing the MSPU and pump station lot locations. This is the survey for subject property. This is a double lot. This is the Survey for Subject Property. This is a double lot. It is currently vacant and undeveloped. This is the site plan. It is virtually identical to the previous. I will note that these two stations have taller walls proposed than the first station. I believe due to the height of the proposed structure. This is the floor plan, landscape plan. They're required to have a type B buffer. This is the buffer diagram. Elevations. Is it class B buffer or Zorbs on the noise? I'm sorry. Is it B buffer designed to or a designer or a Zorps on the noise? It should just be a- The, excuse me, the offense or the wall, the opaque wall, the masonry wall that they're proposing in addition to the shrubs and can it be an understory trees that will provide some level of noise reduction. It's not going to, you know, remove it completely, but vegetation does act as a noise suppressant. Yes. Thank you. And then here are some photographs of the other existing station in the area that will be very similar to what the applicant is proposing on this property. I believe that's a summary of our staff report, Mr. Chair. I'd be happy to answer any questions. Any other questions? Sure do you have anything more to say? At this time I open public comment. This is your opportunity. I'm going to go to the meeting. John Gernie have not been sworn in. Where's your right hand facing? You saw me swear the testimony about to give is the truth, the whole truth, and nothing but the truth. Please say I do. I do. I continue. Thank you, sir. I'm not going to be concerned with the location of this station is going to be maintenance problems from time with the system with leak. And right now the culverts there are under water half the time and kind of rains. And we still have standing water in them that if the system leaks, it's going to go right into the same place, into the culprits. So that's leaking. They'll leak in there and have sewer spread. You know, it'll be standing there. So my opinion is that it should not go there until everything else gets resolved. Even with this, because if these plants do leak from time to time, and so if it, what's going to stop it from going into the stormwater drainage system? I'll ask you a question for you later. And the other part is, what's the has grown, in fact, the efforts by FPNL to put all the utilities on the ground? We get nothing to do with FPNL just to hear today. All right. Anybody else? My name's Carol Bosman. I live on Bayer Street. I have been sworn in. I have just a few questions. I'm hoping the gentleman here from the utility company can help us. This is from what I'm hearing is a vacuum system. It's not a low pressure system. Correct. Correct? Okay, because we learned what happened after Ian with those. And I want to make sure the vacuum system on my residence, for my residence, that I don't have any kind of electrical pump that when the power goes out, it won't flood. The all-electricity is at the site they have a generator They're gonna have a generator. Okay, and you mentioned taller walls how tall are the walls? I didn't hear that part Elizabeth mr. Chair and ma'am the walls I believe on this are 10 feet and The others I think we're either eight or nine It's just slightly higher. Okay, and do we have a timeline for construction from start to finish of these? And I too am very concerned. My house is several streets away from this. My heart is going out for the people that live directly around it. Either side, front and back. I can't imagine that this doesn't affect their property values. I'm thinking that's all I had. I had a whole bunch of questions, but I think you have answered most of them, but that's my concern. I want to make sure I will still flush my toilets during an outage, which I've been here over 50 years. I've been through many. And I guess that's my biggest issue and plus the property values. And I know you don't know about that. But anyway, that's all for me I think. Hi my name is Stephanie. Building is going to be I own it's 7 0 5 to have you chase and I also own the adjacent property next door to it. I'm very concerned and I apologize because I am I'm feeling very anxious because out of fear because I'm a widow and I doesn't take a rocket scientist or expert to understand this is going to affect our property values. And we have a lot of single ladies and elderly that are all surrounding here that are going to be affected by this. I mean, just imagine if, I mean, our streets could flood it all the time. If you imagine sewer just running down your street and I just, I can't imagine my eight month old granddaughter having to smell this or be bombarded with loud noises and all of this stuff. So I pray to you that you have some compassion and you take it in consideration that this is right around lots of houses. It's not just one or two, it's several houses are all around this property. I'm sure there's other properties around that this could be taken to and I would really appreciate it if you would deny this motion in this particular case because, you know, I would appreciate it. Hi, my name is Donna Angelini, and I've been sworn in. My I live on the corner of Chevy Chase America, it's directly in front of my house. So it sits here, I sit here. So when I'm at my dining room table with my 14 grandchildren, I'm looking and hearing these smells, and all the holidays are windows are open, and we're gonna smell this. I built my house in 1990. I've been to every hurricane. I rebuilt my house twice, and I think that they should find somewhere else. There is all these single women and all the women in this area. And because there's an empty lot, I mean, I don't know. It's approved by whoever. But I mean, we were hard to keep our houses. I've been in my house since 1990. I worked my butt off for my house. And I don't think it should be there. And I think it should be denied. And I don't think everybody should say aye. And the other thing was the time frame. If it is approved, what is the time frame? Oh, oh, I said. Okay, and our area, as as we know you could look the county does not know how to flow water out of our area I can't even imagine they've been out there three times they dug our ditches we are underwater my mailbox is underwater all year so I can't imagine that this sewer is gonna flow when they can't flow water but my biggest concern is I work hard for my house. And I talk to realtors and they said, you've got a house now and I don't plan on selling it. But if that's coming across the street, you know, my house fits my 14 grandkids for the holidays. And after school and we're going to smell this and hear this noise all the time. Here a garbage chop goes by but it doesn't stand there and we don't hear it all day and 95% of us wake up when we hear the garbage can. The garbage man coming. So I hope that you guys really take this in consideration. Thank you. I have a motion. Second. Second. Second. On favor. Hi. Mr. Elizabeth. Mr. No, Chuck. Does the applicant want to address any of the questions? Yes, sorry. The applicant, when you come up again? One question after he's timeline, when's this going to start and finish? You know? I don't have an exact date, but I can say our goal is to have the design completed towards the end of 2025. Start construction? So hopefully I don't believe we'll start construction on the entire project area. If you could bring back up my big overall area. On just this one. On just this one. So we're not sure which one will start first yet. But it'll... This will likely be the second one in Q. So I would imagine within the next 10 years, that's about the best we could say, hence the special exception request time. Within 10 years. Is there more of these? It will be completed. Is there more of these coming that not here today? You're going to be coming back for more? At this time no. But there will be in the next five years. There's several more areas to the west of here that we're looking to develop too. And then they asked about, is there a possible lake can get into their ditches? Yeah, a couple, I just got some points. I was taking some notes. So one of the things, Elizabeth, the walls will be eight foot, eight foot, and most of the wall will be Walls will be 8 foot. Most of the wall will be opaque, it will be a block wall and then there will be like architectural feature, aluminum. You may have seen one of the photos there. Just a general comment. We do everything possible to address the noise and odor with the types of louvers, with solid block walls, with the perimeter buffer wall, hospital grade generator silencers, and the types of mechanics and the pumps and the controls of the pumps. We're conscious of the noise. If this site isn't approved, we'll be looking at multiple sites then. We might have to split the baby and it's gonna be in the same area. And in lift stations by nature go in developed areas because we're collecting sewage. And all the new Westport stuff out there, they're building the infrastructure before they build the houses here we're coming in and retrofitting. So it's a different monster. But it's the same intent. There's lift stations near newly developed subdivisions, and we're just adding them here now. Our site plan meets stormwater. There's minimal runoff. It's just like a house. These are no bigger than homes in the area. So the same amount of runoff produced by a house, that's what diesel produce. Any type of flooding in the neighborhood, I can't comment on that, I can just talk about our site. It was asked, they were asking about sewage being released from the site. Okay, so one unique thing about the vacuum station, it's a sealed tank. I'm not saying that I'm sure some bizarre event could come happen and you know a pipe breaks and a leak does happen, but it's very rare. These are not like the old lift stations back from the general development days when that are built too low and when we have floods that releases occur. It's a different technology completely. It is not an open, wet, well, it's a sealed system. So is there a potential that a release could happen and get into the ditch? Yes, but it would be very, very rare. Just met Mr. Chair. I'm asking the general purpose of this entire project is to take people off of septic systems, which my understanding is that they pollute the waterways. Is that the purpose of this whole process to try to improve the general area which my understanding is that they pollute the waterways. Is that the purpose of this whole process to try to improve the general area and the pollution that happens in the waterways? The board has made that a goal of the comprehensive plan to sewer these areas. The water quality debate, I'm not going to comment on that. I just make sure I can get sewage from point A to point B. But I will say that the septic elimination is what the county is the one of their goals in the comprehensive plan. And long as you generate it works, there'll be a flush of toilets. Yes. This is not, as someone mentioned, the low pressure system. This is not a low pressure system where each house has an individual pump system. Although those systems are needed at times, this is not one of those. This is a much larger vacuum sewer system. Can I ask you, is ventilation programmed or is it scheduled? How do you vent? What's the automated process for venting? All right. So the building is open to atmospheric air. It is not a condition space. And the reason it is, it's there's a fire code. And if National Fire Protection Agency puts out a code that says whenever you operate pumps and then enclosed building, they need to be ventilated. And we just, so in order to do that, we just have, it's open louvers. On the back of this building, there's a generator and you can see like louvers on one of the walls. So it's just air comes in and out. Those louvers are meat Florida building code. They stop wind driven rain. Water can't get in through them. There's special chinelized louver blades. So it's not like it's on a schedule. These are not automated or anything like that. They're just like a static louver. You previously, you had said that there's a mulch component to it and the gases come up through the mulch and then it's vented to the air. Is that how it's vented to the air through those louvers? Oh, yes. Or is there an extraction pump? Different venting process. So there's a tank inside the building that has pumps that apply vacuum to it and it pulls vacuum down on the tank. One way I can think if you've been to the dentist when they put the thing in your mouth to clear your mouth out, it's the same system but much larger. They pull vacuum down on a vessel and that sucks on all the lines that go out throughout the neighborhood. In order to do that, when that process happens, it creates exhaust. And that exhaust goes through pipes to what we call the odor control bed or a mulch pit. And I'll see if that photo right there. So it's in like the upper left corner there. So that one pipe comes in and it splits it diffuses Making multiple pipe multiple pipes that reduces velocity of the air coming out of it And it goes through a thick layer probably three to four foot of mulch and over time Micro organisms start creating and this creates like a bio filterter. It's a media, it's a filter, almost like maybe the filter before you're air conditioner, but much thicker. And you know, the odor is absorbed into that filter and it creates the elimination process as the best way I can explain it. So that's kind of the venting of it. It's not like a closed container that takes the air and somehow takes the odors and makes them go away. Does that help? Yeah. And bell sharing questions. I do. If I may elaborate on some of the items relating to the MSPU on Elizabeth if you can go back to the MSPU map. This is step one. When this process, which is why we have the 10-year time frame in, they need to design the system to determine then what the cost is going to be, which will then determine what the amounts are for the MSPU. As has been stated, unfortunately this is a necessary evil. We emphasize with the neighbors, but we do have mandates that we're moving forward on, and these plans for septic to sewer conversions have been talked about for many, many years, even long before probably most of us except maybe Mr. McVety have been here. In the future there has been legislation that was passed last year, last year, the year before which required us to review the financial feasibility of a subject to sewer conversion for anything less than one unit per acre. Reading the T-leaves of the legislature, that to me means that in coming legislation, we'll probably have mandates from the state to do subject to sewer conversions for essentially the entire county. Unfortunately, these are to service the residents. They have to go where the residents are. And if this were to be moved somewhere else and you'd have a different group of people in here in opposition to it, we understand that. I personally live near a lift station every so often. I get a whiff if I'm walking right next to it, but anywhere closer or further away than about 10, 15 feet, I don't smell anything on it. And it's one of the open air ones, it's not even concealed. And this is one of those things that, while we definitely understand their concerns, this is something that has been directed by the board. And this is the first step of it is designing what the system, how it will work. I was stated. Thank you. Mr. David, you're good. I think for me, sir. Okay, Mr. Thank you, Mr. Chair. Just briefly I pulled up the elevations and to clarify the overall height of the structure is 10 feet, the concrete or masonry wall is 8 with the additional 2 feet of picket, so the overall wall height is 10 feet. But now for our recommendation. After a review of the site and the application requesting this special exception, it is staff's professional opinion that they propose special exception use of an essential service, consisting of a vacuum pump station, does meet the three criteria for granting a special exception. Staff notes that each special exception request is reviewed on a case-by-case basis and the decision of the Board of Zoning Appeals does not create a precedent. If the Board of Zoning appeals besides to approve the requested special exception, staff recommends the following conditions be adopted as conditions of approval to ensure that the use is in compliance with the purpose and intent of the zoning code. The recommended conditions are as follows. Number one, the special exception is approved by the Board of Zoning Appeals is to allow an essential service consisting of a vacuum pump station and extends only to the lands included in the site plans and legal description submitted with this application. Number two, the concept plan submitted by the applicant as part of the petition are for illustrative purposes only. All applicable regulations of county code shall apply to this development. The applicant shall obtain all necessary permits and approvals as applicable to this development, including but not limited to site plan review, right-of-way access, vegetation removal, fencing, stormwater management, and landscape plan approval. Number three, a minimum of a type B landscape buffer with a 6-foot tall, fully opaque, fencer wall shall be constructed and planted around the perimeter of the development area. The type of fencing required shall be determined based on the width of the buffer, proposed buffer during the site plan review or permitting process. All buffers and landscaping shall be installed prior to the certificate of occupancy being granted. This special, sorry, condition number four. This special exception is granted for a term of 10 years from the date of approval from the board of zoning appeals. However, the special exception shall not expire if the owner commences the proposed development. Honor before the special exception's term expires. And number five, any major changes or additions to the special exception shall require a modification of the special exception. Minor changes or additions such as accessory uses or structures may be approved by the zoning official. That's it, Mr. Thank you. I want to make a motion. I will on this one, but I just wanted to share. We hear you guys. It's to listen to you guys here about your houses and what's going to happen. But I think overall the goal here is does it- does it meet the criteria and does it better the community? So, I move that SE-24-017 be approved based on the community development department staff report dated August 7th, 2024. The evidence presented at the hearing and finding that the applicant has met the required criteria for the granting of the special exception. There's a motion as a second. Second. Discussion? And I agree with what she just said. We do listen. We do hear you. We have a motion. We have second on favor. Hi. Hi. Hi. You have your facility. Staff comments? Nothing for me. Thank you. Member comments. Staff has a comment. Sorry. For our meeting next month, September 11th, we have one petition, but it's kind of a doozy, so be prepared for that. I'll see you then. Kind of what? Kind of a doozy. What is it? We have an appeal of a zoning officials' determination regarding the keeping of pigs in residential single family zone areas. Say that again someone wants to appeal Sean's determination that pigs are not permitted to be kept in Residential single family zoning pigs. Is that what you said? Yes pigs Okay next meetings September 11th. I do have a question for you mr. David If we ever wanted a tour when these facilities, before when these meetings could we get one? Yes, and you'd have to disclose it. Is that allowed to ask for that? Yes, but yes. As a group, or whoever wanted to come. Not as a group, because we can't have y'all going together, but we could, if there's somebody here on the board that would like to take a look at it I think we could arrange that but again you'd have to disclose that prior to the meeting that you went and saw it and you know so that because it will impact your fact finding ability. I'm just asking if anybody's interested and that has happened in the past board members have gone to sites to take a look at the neighborhoods at sites of not these specific. I want to look at existing one and smell and hear myself. I'm asking. And we could always, if any of you would like that, we can work with CCU to get you inside of them if you really want to. All right, I'm just asking. Thank you. Meeting adjourned. Thank you, everybody. Thank you.