7. TEXT AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE (CDC): ARTICLE 5, DIVISION 5.6, SECTIONS 5.6.10; 5.6.20; 5.6.30; 5.6.40; 5.6.50; 5.6.80; 5.6.90; 5.6.100; 5.6.120; 5.6.160; AND 5.6.170; ARTICLE 7, DIVISION 7.2, SECTION 7.2.40; AND ARTICLE 10, SECTIONS 10.1.10; 10.1.30; 10.1.40; 10.1.50; 10.1.60; 10.1.70; 10.1.90; 10.1.120; 10.1.140; 10.1.150; 10.1.160; 10.1.190; AND 10.1.200, TO UPDATE DEFINITIONS, REGULATIONS, AND PROCEDURES FOR SIGNS AND SIGN PERMITS

[7. TEXT AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE (CDC): ARTICLE 5, DIVISION 5.6, SECTIONS 5.6.10; 5.6.20; 5.6.30; 5.6.40; 5.6.50; 5.6.80; 5.6.90; 5.6.100; 5.6.120; 5.6.160; AND 5.6.170; ARTICLE 7, DIVISION 7.2, SECTION 7.2.40; AND ARTICLE 10, SECTIONS 10.1.10; 10.1.30; 10.1.40; 10.1.50; 10.1.60; 10.1.70; 10.1.90; 10.1.120; 10.1.140; 10.1.150; 10.1.160; 10.1.190; AND 10.1.200, TO UPDATE DEFINITIONS, REGULATIONS, AND PROCEDURES FOR SIGNS AND SIGN PERMITS ]

>> NONE. I'M GOING TO MOVE FORWARD. FIRST ITEM UP IS A TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE QUITE A FEW SECTIONS TO MODIFY THAT PERIOD MODIFIED AS IT'S OUTLINED TO UPDATE THE DEFINITIONS, REGULATIONS AND PROCEDURES FOR

SIGNS AND SIGN PERMITS. ROB. >> ALL RIGHT.

WELL, THANK YOU, MR. CHAIRMAN. WE HAVE. FIRST ITEM IS A SERIES OF AMENDMENTS TO OUR SIGNED REGULATIONS IN ARTICLE 5, OUR PROCEDURES FOR SIGNS IN ARTICLE 7 AND THEN SOME OF THE DEFINITIONS THAT ARE IN ARTICLE 10.

AND I WOULD SAY IN GENERAL SIGN REGULATION IS ONE THE MOST INTRICATE PARTS OF LAND USE PLANNING AND ZONING AND ONE OF THE MOST SIGNIFICANT ISSUES IS HOW IT RELATES TO FREE SPEECH. AND THERE'S BEEN A LOT OF A CASE IN RECENTLY DEALING WITH

[00:05:01]

SIGN REGULATIONS AND SO WE WANT TO MAKE SURE THAT OUR SIGN ORDINANCE, YOU KNOW, WAS YOU KNOW, WAS RESILIENT TO, YOU KNOW, CHALLENGE BASED ON, YOU KNOW, CONSTITUTIONAL ISSUES.

AND SO WE HIRED AN ATTORNEY FROM THE CHATTANOOGA AREA. SCOTT PEART TOLD AND HE KIND OF LOOKED THROUGH IT AND MADE SOME COMPREHENSIVE CHANGES TO THE SIGNED REGULATIONS SPECIFICALLY LOOKING AT ARTICULATING WHERE FULLY THE BASIS FOR REGULATING SIGNAGE AND THE LEGISLATIVE RECORD SUPPORTING SUCH REGULATIONS, MODERNIZING THE STANDARDS AND PROCEDURES FOR REGULATING SCIENCE AND ADOPTING NEW AND UPDATING OR UPDATING OLDER DEFINITIONS APPLICABLE DECIDES NONE OF THESE REALLY AFFECT THE THE FUNDAMENTAL ISSUES LIKE SIZE, LOCATION, COLOR THOSE TYPES OF THINGS THEY MORE HAVE TO DO WITH MAKING SURE THAT YOU KNOW THERE ARE SIGN ORDINANCES IS ROCK SOLID AS FAR AS ANY KIND OF LEGAL CHALLENGES.

>> SO I WAS GOING TO HANDS THE FLOOR OVER TO SCOTT BERG TOLD WHO'S JOINING US TO BE A ZOO AND YOU CAN GO THROUGH THE EACH OF THE AMENDMENTS WITH YOU. THANK YOU.

GOOD EVENING. >> PLANNING COMMISSION MEMBERS CAN EVERYBODY HEAR ME OK? YEAH. OK. FANTASTIC.

YEAH. AS ROB WAS SAYING, WE BASICALLY HAVE MADE A SERIES CHANGES IN THREE PORTIONS OF THE COMMUNITY DEVELOPMENT THAT RELATE TO SIGNS.

ON THE FIRST ONE I WANT TO TALK ABOUT IS ARTICLE 10 DEFINITIONS.

THERE ARE A NUMBER OF TERMS THAT WERE USED IN VARIOUS PLACES IN THE SIGN REGULATIONS TO SUBSTITUTE THE SIGN REGULATIONS THAT WERE NOT DEFINED.

SO EVERYBODY SEEMED TO OPERATE AS THOUGH THEY KNOW THE TERMS. YOU MEAN WHAT WE THOUGHT IT BEST TO HAVE EXPLICIT DEFINITIONS OF CODE. SO WE'VE ADDED RELEVANT DEFINITIONS INCLUDING THOSE OR COMMERCIAL BILLBOARD TIME COMMERCIAL MESSAGE.

WHAT A DIGITAL DISPLAY IS WHAT AN OFF PREMISES SIGN IS AND I'M PREMISES SIGN SO FORTH.

WE'VE ALSO UPDATED SOME OTHER SIGN DEFINITIONS INCLUDING DEFINITIONS OF DIRECTIONAL SIGN LANDSCAPE WALL SIGN. AGAIN WE'RE CONSTANTLY LOOKING AT THIS AREA OF LAW THAT IS IN FLUX FRANKLY. AND WANTING TO MAKE SURE OUR SIGN COULD ORDINANCE DEFINITIONS ARE UP TO DATE AND THEN WE ALSO MADE SOME DISTINCTIONS AND SOME CHANGES TO DIVISION SEVEN POINT TWO. SPECIFICALLY SEVEN POINT TWO POINT FOUR ZERO TO MATCH WHAT THE COUNTY DOES IN PRACTICE AND THAT IS IT DISTINGUISHES BETWEEN A PRELIMINARY APPROVAL FOR A SIGN AND THEN A FINAL APPROVAL OR THE SIGN PERMIT THE PRELIMINARIES WHEN YOU COME IN AND YOU SAY THIS IS THE SIGN I WANT AND THESE ARE THE STANDARDS THAT ARE APPLICABLE TO THIS DISTRICT TO WHAT HAVE YOU OR THIS KIND OF SIGN AND THE COUNTY WOULD GIVE A

DOCUMENT AND THEN THE CONSTRUCTOR HAS TO GO OUT. >> THE APPLICANT HAS GOTTEN BUILD THAT SIGN AND THEN THEY WOULD GET IT. REALLY THE FINAL SIGN? PERMIT WAS AFTER IT WAS APPROVED. SO THE CODE HAS BEEN UPDATED TO REFLECT THAT AND ALSO TO SPECIFY THE INFORMATION THAT IS NECESSARY TO MAKE A SIGN PERMIT APPLICATION COMPLETE. WE ALSO RELAYED MORE CLEARLY THE TIMEFRAMES FOR COUNTY STAFF TO PROCESSING APPLICATIONS AND SET FORTH THE PROCEDURES FOR DENIAL OR REVOCATION OF A SIGN THAT IF SOMEONE DECIDES TO TAKE AN APPEAL FROM THAT KIND OF EXPLICATE PROCEDURES A LITTLE BIT MORE CAREFULLY IN DIVISIONS POINT TWO. AND THEN FINALLY IN DIVISION FIVE POINT SIX LIKE ROB SAID WE KIND OF DETAILED THE COUNTY SUBSTANTIAL INTEREST IN CONTROLLING SIGNAGE INCLUDING REDUCING DRIVER DISTRACTION FOSTER FOSTERING PASTOR A PEDESTRIAN AND TRAFFIC SAFETY AND ALSO SERVING OBVIOUSLY. YES, NEEDS OF THE COMMUNITY.

THERE'S A LOT OF JUDICIAL THIS DECISIONS THAT WE'VE IDENTIFIED WHAT THE SCOPE OF THAT LEGISLATIVE AUTHORITY IS THAT RELATE TO SIGNS AND THEN STUDIES THAT SUPPORT THESE GOVERNMENTAL INTERESTS. THOSE INCLUDED THEY'VE BEEN PROVIDED TO THE COUNTY COUNCIL.

THERE'S A LOT OF THEM THERE'S LOTS OF PAGES INVOLVED BUT ESSENTIALLY THEY REINFORCE WHAT THE PREDICATE OF THE COUNTY'S SIGN REGULATIONS HAD ALWAYS BEEN, WHICH IS YOU'RE HAVING TOO MUCH VISUAL CLUTTER OR DISTRACTING DISPLAYS, YOU KNOW, INCREASES PUBLIC SAFETY RISK AND ALSO DETERIORATES THE AESTHETICS OF THE COMMUNITY. AND SO WE'VE IDENTIFIED ALSO CERTAIN SIGNS THAT ARE EXEMPT FROM REGULATION OR KIND OF A PERMANENT REQUIREMENT ALSO REINFORCED WITH THE COUNTY HAS HAD FOR SOME TIME WHICH IS A PROHIBITION ON NEW COMMERCIAL WALLBOARD AND DIGITAL DISPLAYS IN CERTAIN LOCATIONS. AND FINALLY WE'VE ELUCIDATED A POLICY THAT WAS PREEXISTING IN THE CODE AND WE'VE MADE IT EVEN MORE EXPLICIT.

AND THAT IS A SUBSTITUTION POLICY WHEREBY NONCOMMERCIAL MESSAGES MAY BE SUBSTITUTED FOR

[00:10:06]

COMMERCIAL SPEECH WHEREVER COMMERCIAL SPEECH IS PERMITTED OR ALLOWED ON THE SITE.

BASICALLY THOSE ARE THE TYPES OF HOUSEKEEPING AMENDMENTS THAT ARE INVOLVED IN THESE CODE AMENDMENTS AND I APPRECIATE YOU BEING WILLING TO HEAR ME OUT FROM A DISTANCE.

THANK YOU, SCOTT. QUESTIONS I HAVE A QUESTION. >> WHAT IMPACT WILL THIS HAVE ON SMALL EXISTING SMALL BUSINESSES NOW? WILL THEY BE FORCED TO CHANGE THEIR SIGNS? NOW THERE IS NOTHING IN THESE PROVISION THAT THAT DOES THAT.

>> I THINK SMALL BUSINESSES WILL BASICALLY BE CONFORMING TO THE RATE THEY WERE CONFORMING TO THE REGULATIONS BEFORE THEY WERE ADOPTED OR BEFORE THEY ARE ADOPTED BY COUNTY COUNCIL ASSUMING THAT THEY ARE ON THIRD AND FINAL READING THEN WHATEVER SIGNS WERE PERMITTED LAWFUL BEFORE THOSE WOULD BE GRANDFATHERED OR SAY BE ALLOWED TO TO STAY SUBJECT TO THE RESTRICTIONS ON NONCONFORMING USES BECAUSE A SIGN CAN BE A NONCONFORMING USE.

BUT IF SOMEONE COMES IN LET'S SAY NEXT WEEK OR THE WEEK FOLLOWING THE FINAL ADOPTION OF THESE AMENDMENTS THEN THEY WOULD JUST HAVE TO COMPLY WITH THE AMENDMENTS THAT ARE PRESENTED HERE TONIGHT. SYDELL THOUGH ALL THE ONES TO BE GRANDFATHERED IN NEW APPLICANTS WOULD HAVE TO COMPLY CODE REQUIREMENTS BUT THEY'RE NOT SUBSTANTIVELY OR RADICALLY DIFFERENT FROM WHAT HAS EXISTED IN THE CODE ALREADY. SO IF SOMEBODY CAME IN WHAT SAY AN INSPECTOR CAME INTO A BUSINESS THAT'S ALREADY EXISTED AND SAYS YOU SIGN DOESN'T CONFORM. HOW DOES THAT BUSINESS PROVE THAT THEY GRANDFATHERED IN?

>> WELL, THEY WOULD USUALLY PRODUCE THE PERMIT THAT THEY RECEIVED WHEN THEY APPLIED FOR THE SIGN AND GOT APPROVAL FROM THE COUNTY IN TIMES PAST. THAT'S USUALLY WHAT THEY WOULD DO OR THEY WOULD DO A FOI REQUEST. YOU KNOW, ASK THE PLANNING DEPARTMENT FOR YOU KNOW, THE RECORDS ON THAT LOCATION AND THEN THEY WOULD GET IT THAT

WAY. OK, OTHER QUESTIONS TEMPLATE. >> THANKS.

I HAVE A QUESTION ON THE SECTION DIVISION FIVE POINT SIX 10 AND IT'S UNDER THE LETTER B APPLICABILITY SCOPE. SO I GUESS I DON'T UNDERSTAND WHY THE UNDER NUMBER ONE THE THIRD SENTENCE IS THE THIRD SENSE WAS STRICKEN THESE SIGN REGULATIONS APPLY TO ALL SCIENCE WITHIN THE COUNTY. I JUST WANT TO CONFIRM THAT WE'RE PASSING AN ORDINANCE OR POLICY THAT ALL SCIENCE IN THE COUNTY THAT IT'S NOT UP TO THE TOWN OF HILTON HEAD OR THE TOWN OF PORT ROYAL. I MEAN THE COUNTY IS THE AUTHORITY.

IS THAT CORRECT? SO I DON'T KNOW WHY THAT WAS STRICT.

>> WELL, I CAN. TELL ME WHAT PAGE YOU ARE UNDER FIVE.

LET'S SEE. >> IT'S A DIVISION FIVE POINT SIX.

CAN MY DOCUMENT HERE DOESN'T HAVE A PAGE FOR ME. IT'S WHAT YOU ALL SENT ME.

SO IT'S FIVE POINT SIX TEN IS A ONE OR IT IT'S B IT'S THE LETTER B AND IT'S CALLED APPLICABILITY SCOPE UNDERLINED AND IT'S NUMBER ONE B ONE IN THE SENTENCE FORGET THE

PROVISIONS OF THIS DIVISION BLAH BLAH. >> BUT WHAT YOU HAVE IS STRICKEN IS THE LAST SENTENCE THESE SIGN REGULATIONS APPLY TO ALL SIGNS WITHIN THE COUNTY.

SO MY QUESTION IS WHY? WHY WAS THAT STRUCK? BECAUSE THAT SEEMS TO THE IMPORTANT CAUSE WHEN WE REPLACED IT WITH THE LANGUAGE THAT'S UNDERLINED, IT SAYS THE PROVISIONS OF THIS DIVISION SHALL GOVERN THE NUMBER SIZE LOCATION AND CHARACTER OF ALL SIGNS ALLOWED UNDER THE TERMS OF THIS PROVISION NO SIGN SHALL BE ALLOWED EXCEPTING FOR EACH GAY MONTH AND THIS DIVISION THAT SEEMS KIND OF COMPLICATED .

BECAUSE AS MR. DUCE YOU SAY LIKE WHAT EXACTLY IS THE PLAIN LANGUAGE HERE? YEAH. THE REASON THAT WE DID THAT IS BECAUSE IT WAS A LITTLE BIT CIRCULAR BECAUSE IT SAYS THESE REGULATIONS. IT USED TO SAY WE SIGN REGULATIONS APPLY TO ALL SIDES OF THE COUNTY BUT THERE ARE SOME REGULATIONS THAT ARE EXEMPT ALTOGETHER. SO IF YOU LOOK DOWN I SAW THAT THERE ARE SOME SIGNS THAT ARE EXEMPT FROM REGULATIONS. SO ON THE ONE HAND IT ONE SAYS HERE ALL THE REGULATIONS APPLY ALL TIMES WITHIN THE COUNTY BUT THEN DOWN BELOW THERE IS A WHOLE SECTION ON EXEMPT SIGNS THAT AREN'T REGULATED AT ALL. SO THE SUBSTITUTION LANGUAGE IN ONE IS THE EXACT SAME POLICY.

IT'S JUST A LITTLE BIT MORE CLEAR SO THAT WHEN SOMEBODY GETS DOWN THE SUB FLOOR THEY DON'T WONDER WHY THESE ARE YOU KNOW WHY ONE SAYS THAT EVERYTHING'S REGULATED AND THEN FORD SAYS BUT THESE SIGNS AREN'T REGULATED AND I JUST WANT TO CLEAR UP THESE ARE SIGNED REGULATIONS DO NOT APPLY TO HILTON HEAD OR YOU KNOW, TO THE MUNICIPALITIES.

[00:15:01]

SO IT'S NOT. SO THAT'S ACTUALLY AN UNTRUE STATEMENT.

I THINK THAT THAT THAT'S A VERY GENERAL STATEMENT AND I THINK IT'S BETTER STRICKEN BECAUSE THEY ONLY APPLY TO THE UNINCORPORATED AREAS OF THE COUNTY.

>> OKAY, GREAT. I NEVER SAW IT. I MEAN I READ THIS A COUPLE OF TIMES SO I NEVER SAW ANYTHING ELSE THAT SAID UNINCORPORATED AREAS OF THE COUNTY. I NEVER SAW A LANGUAGE THAT DISTINGUISH BETWEEN MUNICIPALITIES AND THEIR RESTRICTIONS BECAUSE I THOUGHT THE COUNTY WAS THE ARBITER.

THAT IT SIMPLY IS NOT TRUE IS THAT YOU'RE TELLING OKATIE WE ONLY HAVE JURISDICTION OVER

GREAT. >> OKAY SO I GUESS I'D LIKE AND MAYBE I MISSED IT BUT I'M NOT A SMALL BUSINESS PERSON WITH LIMITED AMOUNT OF TIME BUT THAT SEEMED TO ME TO BE COMPLICATED.

AND THAT RAISES A QUESTION I HAD YOU DOWN 170 RIGHT? JASPER COUNTY ON THE LEFT BEAUFORT COUNTY IF YOU'RE HEADED WEST I SEE A LOT OF SIGNS ON THE JASPER SIDE INCLUDE DIGITAL NEWS , DIGITAL SIGNS AND SO ON. I DON'T SEE AS SO MANY SIGNS ON THE VIEW FOR COUNTY SITE. HOW DO YOU KNOW THE CONCERNS OF PUBLIC SAFETY AND SO ON? I MEAN YOU'VE YOU ALREADY SAFE IF YOU GO WEST AND THAT. I MEAN HOW DO WE.

WHAT ARE WE DONE OR ARE WE'VE DONE ANYTHING TO TRY TO GET SOME INTERGOVERNMENTAL AGREEMENTS ON SIGNING A MAJOR ROADWAYS PARTICULARLY 170 WHICH IS BECOMING MORE AND MORE POPULATED WITH BUSINESSES DOWN IN THE OKATIE AREA DOWN TOWARDS 278.

THERE'S A NEW STRIP MALL GOING IN OR SOMETHING. WHAT IT IS YET.

SO THERE'S IT SEEMS LIKE THERE IS A THIS IS A GREAT ATTEMPT ON THE GOALS FOR SAFETY AND EFFICIENCY, ET CETERA. BUT IT SEEMS LIKE A SPLIT DECISION ON MAJOR ROADWAYS WERE YOU'VE GOT MULTI JURISDICTIONS SAME AS IF YOU GO THROUGH BLUFFTON SUDDENLY YOU'RE NOT YOU KNOW, I DON'T KNOW EVERYBODY KNOWS THE BORDERLINES OF BLUFFTON OR JASPER COUNTY.

SO I'VE SEEN FROM I HAVEN'T SEEN THE OTHER. HOW DID WE ACTUALLY RECTIFY THOSE DIFFERENCES? I WOULD JUST SAY IT'S A LOT EASIER TO CONTROL SIGNAGE IN OUR JURISDICTION. YOU KNOW, TO WORK, YOU KNOW, CONTROLLING WHAT HAPPENS AND HARDY VILLAIN JASPER COUNTY MEANS WORKING COOPERATIVELY AND TRYING TO YOU HAVE OUR STANDARDS MATCH EACH OTHER. AND I CAN GET BACK WITH YOU ON THAT.

I BELIEVE THAT THEY DO HAVE SOME MORE STRINGENT SCIENCE STANDARDS NOW BUT THEY'RE DEALING WITH ALL THE EXISTING SIGNS AND THAT'S GOOD TO HEAR. AS LONG AS WE CAN MOVE IN THAT DIRECTION I MEAN TO THE GOALS THAT YOU'VE GOT IT'S JUST PERFECT MISDIRECTION.

WE WANT TO GO IN. BUT I SEE AN INCONSISTENCY IN JURY RESTRICTIONS THAT I KNOW THERE'S INCREASED SINCE THIS SEASON. A LOT OF DIFFERENT ISSUES BUT THIS ONE FOR SAFETY PUBLIC SAFETY AND SO ON AND THE AVERAGE PERSON NOT HAVING AN IDEA THEY'RE DRIVING THROUGH ON ONE SIDE OF THE ROAD, ONE COUNTY AND THE OTHER SIDE OF THE ROADS THE OTHER COUNTY THE JURISDICTION STARTS THE NEXT BLOCK ANYWAY.

YOU KNOW THE ISSUE I REALLY APPRECIATE WHATEVER ACTIONS WE ARE DOING TO UNDERTAKE TO ANALYZE WHAT WE CAN DO TO PULL THEM TOGETHER. ANOTHER QUESTION THAT I HAD WAS ON THIS OF YOU, ROB AT THIS POINT THE DIGITAL DISPLAY MAY NOT CHANGE ANY MORE FREQUENTLY EVERY 30 MINUTES AGAIN I'VE SEEN ONCE. I GUESS THIS IS JASPER COUNTY THAT FLASHES EVERY 10 SECONDS. DIFFERENT DISPLAY MOST I DON'T KNOW OF ANY OTHERS THAT DO BEAUFORT COUNTY. I HAVEN'T REALLY DONE A SURVEY ON THAT BUT WHAT ARE WE GOING TO DO AGAIN FOR THE ELEMENT OF SAFETY? PEOPLE SHOULD BE WATCHING ALL THE SIGNS BLINK ON AND OFF AND I WOULD SAY WHICH HAPPENS. ARE WE DOING ANYTHING TO ALLEVIATE THAT POTENTIAL GRANDFATHER? SOME WILL HAVE NOW THE ONES GOING FORWARD 30 SECONDS AND THE OTHER ONES WILL HAVE AUTHORITY.

>> THERE'S NO DIGITAL BILLBOARDS IN BEAUFORT COUNTY WITHIN OUR JURISDICTIONS SO WE'RE NOT DEALING WITH AN AK. THE ONE SIGN THAT I'M AWARE OF IS IN JASPER COUNTY.

170 THAT'S NOT AN ISSUE FOR US IN BEAUFORT COUNTY AT THIS POINT.

>> I I JUST I WAS AT THE COUNCIL MEETING WITH THE FELLOWS, BROUGHT THE ELECTRONIC SIGNS AND SET IT UP ON DISPLAY OUTSIDE ABOUT A YEAR AND A HALF AGO.

AND AT THAT MEETING THEY SAID THAT THEY WOULD GIVE BEAUFORT COUNTY FIVE ELECTRONIC SIGNS TO FLASH WARNINGS, HURRICANE AND HURRICANE EVACUATION ROUTE. ALL RIGHT.

AND I THOUGHT THAT WAS A GREAT IDEA CONSIDERING WHAT HAPPENED AFTER HURRICANE MATTHEW WHEN THE CHAOS THAT WE HAD EVOLVED. AND THAT'S ONE REASON WHERE I THINK ELECTRONIC SIGNS SHOULD

[00:20:01]

BE ALLOWED OR WELL, BUCOLIC COUNTY HAS TO DO A BETTER JOB IN PUTTING UP THEIR OWN ELECTRIC SIGNS WARNING PEOPLE FOR EVACUATION RAFTS FOLLOWING THIS WAY.

SO THAT'S JUST A POINT I THOUGHT I WOULD MAKE. I THINK I THINK COUNCIL WAS CONCERNED THAT THE MAYBE ONE OUT OF EIGHT FLASHING SIGNS MIGHT HAVE THAT SAFETY MESSAGE AND THE OTHERS ARE GOING TO BE, YOU KNOW, I YOU KNOW, I WOULD HAVE SAID NO, IT CAN'T BE THAT

WAY. >> IT HAS TO BE DEDICATED SOLELY TO, YOU KNOW, DISASTER, YOU KNOW, WHATEVER. ROB, IF I COULD WEIGH ONE OF THE AMENDMENTS THAT WE HAVE MADE OR THAT WE'RE PROPOSING UNDER FIVE POINT SIX POINT ONE 0 4 WE ADDED AND YOU SEE A CATEGORY OF EXEMPT SIGNS THAT SAYS WAY OF FINDING DIRECTIONAL HAZARD LIFE SAFETY TRAFFIC CONTROL DEVICES, THOSE THAT ARE INSTALLED OR REQUIRED BY OUR GOVERNMENT AGENCY ON PRIVATE PROPERTY. SO WE DO HAVE A PROVISION WHERE IF WE NEEDED TO ALERT FOLKS

THOSE TYPES OF SIGNS WOULD BE EXEMPT FROM THESE REGULATIONS. >> I SAW THAT AND THAT'S WHY I BROUGHT UP THE ELECTRONIC SIGNS AGAIN BECAUSE YOU KNOW, IF YOU DO HAVE THAT SECTION JUST FOR

THAT PURPOSE. >> OK, THANK YOU. ANYTHING ELSE? ANYBODY ANYBODY ELSE? ANY OTHER QUESTIONS? I APPLAUD THE WORK HAS GONE INTO THIS. SOME OF IT IT'S A LITTLE LEGAL ESE INTENDED.

IT LOOKS LIKE BUT WITH ALL THE QUOTES IN THE LAWS OF THAT THAT PERTAIN TO THAT I APPLY THE AMOUNT OF WORK THAT'S GOING INTO THIS BY SCOTT AND BY THE STAFF.

THANK NOW. YEAH WELL I WILL SAY I'VE GONE TO SESSIONS ON SIGN LAW AND

IT'S A VERY SPECIALIZED AREA OF LAND USE LAW. >> I'M JUST THANKFUL THAT WE HAVE SOMEBODY WHO IS ABLE TO KIND OF WADE THROUGH THIS AND HELP US STRENGTHEN OUR AUDIENCE. WELL, COMPUTERS ALSO WANT TO KNOW THAT WE'VE BEEN WORKING WITH TOM CAVANEY AND THE COUNTY ATTORNEY'S OFFICE AND OBVIOUSLY ROB IN THE AREA.

>> AND HILLARY AND EVERYBODY IN THE COMMUNITY DEVELOPMENT DEPARTMENT.

AND IT'S BEEN A PLEASURE TO WORK WITH THEM A LOT OF HARD WORK HAS GONE IN ON THE PART OF STAFF. AND I THINK WE'RE IN A GOOD DIRECTION.

>> THANK YOU. ALL RIGHT. MAY I HAVE A MOTION TO APPROVE

THE AMENDED SIGN SENATE PROCEDURES PASS? >> ONE QUICKLY.

FIRST I'M SORRY GO AHEAD ON PAGE 12. REGARDING THE DIGITAL DISPLAYS AS FAR AS GAS STATIONS AND THEATERS, ARE THEY ALLOWED TO DISPLAY JUST GAS PRICES OR IS THAT A DIGITAL PLAY THAT'S ALLOWING THEM TO ADVERTISE OTHER ITEMS? IT IS A LOCATION BASED RESTRICTION ON DIGITAL DISPLAYS OR AN ALLOWANCE.

IN THAT CASE ON DIGITAL DISPLAYS. BUT WE DON'T REGULATE THE CONTENT. NORMALLY WHAT'S GOING TO BE DISPLAYED AT THAT LOCATION IS GOING TO BE A PRICE OF GASOLINE. AND THAT'S WHAT WE ENVISION THERE. BUT THE COURTS ARE REALLY CAREFUL IN WHOLE BEING LOCAL GOVERNMENTS TO MAKING THEM TOE THE LINE OR NOT REGULATING THE CONTENT.

BUT WE RECOGNIZE THERE'S THINGS THAT CHANGE FREQUENTLY LIKE GAS PRICES.

AND SO THAT'S WHY THERE'S AN EXEMPTION ON THE DIGITAL DISPLAY PROBATION AND GASOLINE STATIONS. IS THERE A SIZE LIMITATION? I DON'T REALLY SEE.

MAYBE I MISSED THAT. WELL, THERE WOULD BE OTHER SIZE LIMITATIONS THAT APPLY WITHIN THE DISTRICT ACCORDING TO WHATEVER DISTRICT THAT'S THERE .

>> SO THERE WOULD BE HEIGHT AND SIZE LIMITATIONS ON THE SIDE. BUT THOSE ARE SEPARATE FROM THE TYPE SIGNED WITH THE DIGITAL DISPLAY. OK.

>> THANK YOU. OK. ANY FURTHER QUESTION?

WE HAVE A MOTION FOR APPROVAL THAT I HAVE A SECOND BASICALLY. >> THANK YOU.

ALL THOSE IN FAVOR OF THE MOTION TO APPROVE THE TAX AMENDMENTS TO THE DEFINITIONS REGULATIONS, PROCEDURES FOR SCIENCE AND TIME PERMITS PLEASE RAISE YOUR HAND OVER ANY

OBJECTIONS TO THE ATMOSPHERIC. THANK YOU. >> ALL RIGHT.

WE'RE READY FOR NEXT. THANK YOU. THANK YOU.

THANK YOU. THANK YOU. THANK YOU.

[8. ZONING MAP AMENDMENT/REZONING REQUEST FOR 3.09 ACRES (R100 024 000 0423 0000) 374 LAUREL BAY ROAD FROM S1 INDUSTRIAL TO C3 NEIGHBORHOOD MIXED USE; APPLICANT: JOHN WALKER]

ALL RIGHT. IT'S ONLY A MATH AMENDMENT FOR 3 POINT 0 9 ACRES AN ORAL BAY ROAD 3 7 4 ROAD BY ROAD FROM S1 INDUSTRIAL TO SEE THREE NEIGHBORHOOD MIXED USE

[00:25:02]

APPLICANT JOHN WALKER FOR A START UP. >> YES, SIR.

THIS IS LOCATED IN PORT ROYAL ISLAND'S LAUREL BAY ROADS. IT IS JUST TO THE WEST OF THE INTERSECTION WITH BAY PINES ROAD IN THE LOWER BAY ROAD. THE PARCEL IS ACTUALLY LOCATED ON A FRONTAGE ROAD WHICH YOU SEE THAT IS ALONG LAUREL BAY ROAD CALLED ZAM LANE AND IT IS THREE POINT NINE ACRES AND IF YOU LOOK AT THE MAP THAT'S ENCLOSED IN YOUR PACKET, IT'S CURRENTLY ZONED S1 LIGHT INDUSTRIAL AND IF THIS AREA LOOKS FAMILIAR I THINK LESS THAN A YEAR AGO THE PLANNING COMMISSION TOOK I THINK IT WAS LAST FALL.

WE CONSIDER AN AMENDMENT TO THAT ORANGE AREA THAT IT'S ABOVE CHECHESSEE FOR PARCELS ON THE CORNER PAY FINES AND LAW OF A ROAD WHERE THEY WENT FROM THIS ONE IN RURAL TO SEE FOR COMMUNITY CENTER MIXED USE. THAT WAS THE GENTLEMAN WHO WAS INTERESTED IN DOING AFFORDABLE HOUSING AND ONE OF THE RESULTS OF THAT. WELL, THERE'S TWO THINGS GOING ON HERE. THE APPLICANT UNDER S ONE LIGHT INDUSTRIAL IT DOES NOT ALLOW SINGLE FAMILY HOUSES AND SO WE HAVE SEVERAL CASES IN THE BURTON AREA IN PARTICULAR WHERE SOMEBODY IS ZONED S ONE LIGHT INDUSTRIAL AND IT MAY MAKE SENSE ON A LARGER FUTURE LAND USE FRAMEWORK TO THAT AREA V LIGHT INDUSTRIAL. BUT THE PROPERTY OWNER JUST WANTS TO PUT A BUILD A HOUSE THERE AND CURRENTLY THE DISTRICT DOES NOT ALLOW THEM TO DO THAT. WE'VE HAD SEVERAL REZONING STEPS THAT HAVE EITHER WENT FROM 1 TO RURAL OR TO SEE 3 SO THAT SOMEBODY COULD SIMPLY BUILD A HOUSE IN THIS CASE THAT THIS IS ACCOMPLISHING THAT. BUT IN ADDITION THIS PROPERTY BECAUSE OF THE LITTLE REZONING IT KIND OF WAS A LITTLE THREE ACRES OF INDUSTRIAL SURROUNDED BY OTHER SANDING DISTRICTS.

THIS WILL ALLOW IT TO BE SIMILAR TO THE ZONING THAT IS FURTHER WEST ON ON SAM LANE.

>> SO KNOW AS FAR AS YOU KNOW, WE BELIEVE THAT THIS IS GOING TO BE WITH THE COMPREHENSIVE PLAN YOU KNOW, 3 ACRES OF LIGHT INDUSTRIAL YOU KNOW, KIND OF A STANDALONE PROPERTY IS NOT VERY EFFECTIVE IN THAT AREA. BUT YOU KNOW, IF IT IS THE WISH OF THE PROPERTY OWNER TO BUILD A HOUSE AND THAT'S A SIMILAR USE THAT IS DIRECTLY TO THE WEST, YOU KNOW, STAFF, WE FEEL THAT THAT'S VERY MUCH CONSISTENT WITH THE OTHER DEVELOPMENT IN THAT AREA.

>> THAT'S REALLY IT'S REALLY STRAIGHTFORWARD. >> THE INVESTOR AND I SHOULD BE CAN SEE THAT. OH YES. WOULD YOU WANT TO SEE THE YOU'RE WELCOME TO COME UP AND SPEAK OUT. QUESTION YES.

TELL US YOUR NAME AND SO FOR THE RECORD. HI, MY NAME IS TOY SIMMONS.

I'M BY PURCHASING THIS PROPERTY MR. JOHN WALKER. I WOULD LIKE TO PUT A HOLD ON

IT. >> IT'S SOMETHING I IDEA FOR ME MY SON YOU KNOW SOMETHING I CAN LEAVE BEHIND FOR HIM AND IS THE PERFECT IDEAL AREA. I LOVE IT OUT THERE.

I'VE BEEN LIVING AN ANTIQUE ROAD FOR THE LONGEST NOW AND IT'S RIGHT AROUND THE CORNER.

THAT'S PERFECT. YOU KNOW I'M USED TO IT. IS THERE AND I WOULD JUST LIKE TO HAVE IT SO I CAN PUT A HOLD ON IT. SO YOU TAKE IT YOU HAVE A YOU HAVE A CONTRACT PENDING ON THIS? YES, SIR.

YES, SIR. VENUGOPAL OK. >> YEAH, MAYBE YOU KNOW THE ANSWER. ROB, WHAT IS BEHIND THIS? I'M LOOKING AT A SATELLITE MAP RIGHT NOW. THIS PLACE LOOKS LIKE A SALT MINE OR SOMETHING.

IT'S TOTALLY ROCK CRUSHING, ROCK CRUSHING. YEAH.

IT'S A LAID DOWN YARD FOR A CONTRACTOR. I JUST HAD PICKED THIS ONE UP BECAUSE SOMEBODY HAD PURCHASED THAT THEY'RE UPGRADING TO IT. OH YEAH.

THERE'S A LOT OF PIECES OF BIG BIG PILES OF BROKEN CONCRETE THERE AND A LOT OF HEAVY LIFTING EQUIPMENT. LET ME LET ME DO ONE THING IF YOU DON'T MIND WHO IS ON THE ZOOM CALL ON THEIR PHONE. CAN YOU IDENTIFY YOURSELF PLEASE?

>> JOSH, DON'T. >> CAN YOU MOVE YOUR PHONE PLEASE? WE ARE. WE CAN PICK UP YOUR CONVERSATIONS THROUGH OUR MEETING. I APOLOGIZE. THANK YOU.

>> THANKS. GO AHEAD, MAN. YEAH.

IT'S A LAY DOWN FOR CONSTRUCTION CONTRACTOR NOW. >> THAT WAS THE ONE THAT WAS

[00:30:02]

RIGHT. THAT'S THE PROPERTY THAT WAS REZONING.

YES. AND NOW IS IT UNDER CONTRACT FOR THAT? I'M NOT SURE. I'M NOT SURE OF THE STATUS OF THAT PARTICULAR PROPERTY.

>> THAT'S WHAT THE REZONING CONSIDERED SIX MONTHS AGO HOUSING IN THAT AREA.

>> I GUESS MY CONCERN IS ON AND I WISH YOU A LOT OF LUCK BUILDING THIS HOUSE AND EVERYTHING AND I REALLY HOPE THIS WORKS OUT FOR YOU IS THAT THAT'S RIGHT.

NOW PREEXISTING NONCONFORMING RIGHT. BECAUSE THE ZONING THAT THAT PROPERTY BEHIND THE PROPERTY LADY WANTS TO PURCHASE THAT WHATEVER THIS IS ABOUT TO CLEANED UP. CORRECT. AT SOME POINT IN TIME THERE IS NOTHING CLEAN UP. IT'S AN OPERATION THAT TAKES CONCRETE TURNS CRUSHING BUT IT'S ZONED COMMUNITY CENTER MIXED USE AND SANDWICH CAN'T COME IN AND READ ON A PIECE

OF PROPERTY AND THEN CONTINUE TO USE IT IN ITS OWN USE. >> THIS HAS NOTHING TO DO WITH YOU, MAN. NOTHING AT ALL. DO YOU? PLEASE. THANK YOU. ACTUALLY I USED HIS GRANDFATHER'S ALSO NAKED CONTAIN WORDS YOU KNOW ABOUT HIS KIDS AS LONG AS THEY DON'T ABANDON IT AND AS LONG AS YOU'RE NOT CHANGING THE USE OR EXPANDING THEIR LIMITATIONS ON THAT. SO SO THIS LADY THAT'S THAT'S BUILDING A HOUSE.

>> THAT'S RIGHT. BUT A GRAVEL SITE. I KNOW WHAT YOU CALL IT BUT BIG PILES CONCRETE THAT ARE, YOU KNOW, 20, 30 FEET HIGH ALL OVER THE PLACE BEING HEAVY LOADING EQUIPMENT WHICH MAKES A LOT OF NOISE AND THERE'S A COMMERCIAL BUILDING.

>> TO THE LEFT OF THAT SHE PUT DOWN THAT LITTLE SIDE ROAD THAT I THINK IS PART OF THAT COMPLEX. YES. IT'S PART OF THE LAND THAT WAS

RESERVED. >> SO THERE ARE NO PLANS OR AT THIS POINT TO CONVERT THAT

PIECE OF PROPERTY OR THERE ARE . >> THE PLAN WAS FOR THAT TO BE

A LOW INCOME HOUSING TAX CREDIT DEVELOPMENT. >> WHAT I'M NOT CERTAIN OF HIS SYSTEM OF THAT PROJECT BECAUSE THAT TAKES, YOU KNOW, APPLYING FOR THE FUNDS.

I DON'T. WE HAVEN'T SEEN ANYTHING IN OUR OFFICE IN TERMS OF PRELIMINARY

PLANS. >> I HAD THE SAME CONCERN ONLY BECAUSE OF NOW WE KNOW THAT THERE'S A SINGLE FAMILY DWELLING ON IT TO BE ON THAT PROPERTY, MAKE SURE THAT THE LADY LOOKS THE CONDITIONS THAT MIGHT PREVAIL BEHIND HER. I'LL BE HONEST THAT THAT THAT'S MY CONCERN AND IF IF WE GAVE THIS OWNER HERE A ZONING CHANGE.

RIGHT. THE WHOLE IDEA OF DOING THAT WAS TO BRING IT ALL IN LINE BECAUSE IT'S RURAL BEHIND IT. RIGHT. TO BRING IT ALL IN LINE, EVERYBODY KIND IDEA. THIS PROBABLY SHOULD BE RESIDENTIAL OR SOME TYPE MIXED USE OUT THERE. HE'S GOT A CERTAIN. YOU DON'T GET A ZONING CHANGE AND THEN SAY YEAH BUT I'M GOING TO KEEP GOING FOR 10 YEARS AND MAYBE 10 YEARS OR NOW CLOSED DOWN PLACE AND AND THEN I'LL YOU KNOW THERE'S ONLY CHANGE. HE'S JUST LIKE A VARIANCE OR JUST LIKE A BUILDING PERMIT. YOU GET IT BUT IT'S ONLY GOOD FOR CERTAIN AMOUNT OF TIME.

YEAH. SO IT'S NOT A LIMITED NO IN TERMS ZONING CHANGES THE CHANGE TO THE MOUTH. AND SO AS LONG AS I'M GOOD I'VE CHANGED IN THAT.

SO HE'S AT HE'S AT THESE NOT CONFORMING. HE WILL BE NONCONFORMING AND HE SHOULD BE TOLD THAT YES, WE HAVE CERTAIN REQUIREMENTS YOU KNOW RESTRICTIONS FOR A NONCONFORMING USE BUT IT DOESN'T MEAN THAT IT GOES AWAY IT LEST THEY ABANDON IT.

>> I CAN LOOK INTO THE ISSUE BUT FOR MY OPINION I DON'T THINK THAT THAT SHOULD DISADVANTAGE A PERSON WHO, YOU KNOW, UNSETTLED LAND ABOUT THEM WANTING TO TOWN ON THEIR PROPERTY. WELL, I I I I CERTAINLY AGREE WITH YOU.

>> I JUST I'M SORRY I FORGOT YOUR NAME, MA'AM. BUT IF SHE'S MY NEPHEW INTENDS TO BUILD A PIECE OF MY HOME ON THAT PIECE OF PROPERTY WHICH IS A NICE PIECE OF PROPER NICE LOOKING PIECE OF PROPERTY AND SHE NEEDS TO UNDERSTAND THE CONDITION THAT CURRENTLY EXIST IS NONCONFORMING CONDITION THAT'S GOING TO PERHAPS IMPACT HER USE OF HER PROPERTY IN SOME WAY AND THE ENJOYMENT OF PROPERTY ANYWAY. IF YOU WOULD JUST CHECK THE STATUS OF IT AS A LET US KNOW ARE THERE OTHER QUESTIONS OK. CAN I HAVE A MOTION TO APPROVE THE ZONING MAP AMENDMENT WITH THREE POINT NINE ACRES AVAILABLE? OH DO WE HAVE ANY COMMENTS FROM THE PUBLIC? I'M SORRY.

OH THERE ARE INTERESTED PARTIES . MY ERROR.

[00:35:05]

SORRY SIR. PLEASE IDENTIFY YOURSELF. I'M DR. CARLOS WILLIAMS. I'M PASTOR CHURCH ACROSS THE STREET FROM THE PROPERTY. YES, MA'AM.

SIR, I JUST I JUST HAD A QUESTION. THAT PARTICULAR PROPERTY SHE'S PLANNING ON BUYING A HOUSE THERE OR IS IT LIKE MOBILE HOME? I MEAN WHAT I'M WONDERING ABOUT THE VALUE OF THE PROPERTY WE HAVE THAT 7 6.

I'M JUST WONDERING IF IT'S GOING TO AFFECT THE VALUE OF THE PROPERTY IF IT'S MOBILE

HOME OR THE HOUSE. I WAS JUST WONDERING. >> I DON'T THINK WE SHOULD.

I DON'T THINK WE CAN ANSWER THAT QUESTION FOR YOU. THAT WOULD BE FOR YOU HAVE A DISCUSSION WITH A PROSPECTIVE PURCHASER AND OR THE PROPERTY OWNER CURRENT PROPERTY OWNER TO VOICE YOUR CONCERN. BUT WE'RE JUST AT THIS POINT ALL WE CAN REALLY DO IS APPROVE OR DISAPPROVE THE REZONING SO THAT IT ENABLES HER TO BUILD THE HOME THAT SHE'S EXPRESSED I

THINK. >> THANK YOU FOR COMING FORWARD AND I WOULD ENCOURAGE YOU TO HAVE A CONVERSATION WITH HER AND OR THE PROPERTY NOW. SO IF THE PROPERTY IS REASON WHATEVER AND THIS IS A KEY COMPONENT FOR YOU ALL IN SOMETHING THAT I HAVE HAD TALKED TO THE COUNCIL ABOUT FOR THE LAST TWO MEETINGS IS THAT WHENEVER YOU REZONING THESE PROPERTY, WHATEVER IS HAPPENING ON THAT PROPERTY CAN CONTINUE TO JUST KEEP ON GOING.

>> AND ONCE YOU RAISE ON IT, PEOPLE CAN STAND UP HERE ALL DAY AND TELL YOU THEY'RE GOING TO DO SOMETHING ON THE PROPERTY. BUT IN REALITY ONCE REZONING

THEY CAN DO ANYTHING THAT THAT IS ONLY DISTRICT ALLOWS. >> DO YOU WANT THE REZONING IS APPROVED SO THEY CAN STAND UP HERE AND SAY HEY, I'M PUT A NICE COMMERCIAL BUILDING IN THERE AND I'M OR I'M WILL CONTINUE OPERATING THE WAY I WAS.

>> I DON'T WANT TO BE GRANDFATHERED ANYMORE. >> AND IF YOU REZONING PROPERTY IT OPENS IT UP TO A WIDER REUSE. SO TO ANSWER THE GENTLEMAN'S QUESTION, SHE SAYS THAT SHE'S GONNA BUILD A HOUSE. YOU CAN TAKE THAT ON FACE VALUE THAT SHE'S GOING TO DO THAT. BUT IF THE ZONING DISTRICT ALLOWS FOR A MANUFACTURED HOME ,THEN SHE WOULD BE ABLE TO DO THAT AS WELL. GENERALLY SPEAKING, REZONING ONE LOT TO PUT A RESIDENTIAL DWELLING ON A PIECE OF PROPERTY WHETHER IT'S A HOUSE OR A MANUFACTURED DWELLING WOULD NOT HAVE A SIGNIFICANT IMPACT ON THE VALUE OF ADJACENT PROPERTIES BECAUSE YOU VALUE AND APPRAISED PROPERTIES BASED ON THAT PARTICULAR USE ON THAT

PARTICULAR PROPERTY AND COMPARABLE USES IN THE AREA. >> SO CHURCH'S APPRAISAL WOULD BE BASED ON OTHER CHURCHES VALUE IN IN AN AREA IN A SIMILAR SITUATED SETTING NOT BASED ON GUESS A CHURCH WHERE THE MOBILE HOMES NEAR IT OR A CHURCH WITH HOUSES NEAR IT.

>> SO DOES THAT MAKE SENSE? YOU HAVE TO HAVE COMPARABLE LIKE USES TO JUDGE THE VALUE

OF A PROPERTY. >> COMMUNITY CENTER MIXED USE ALLOWS FOR DIFFERENT USES OF THAT PROPERTY WHICH IN ONE IS THE RESIDENTIAL HOME. THAT'S RIGHT.

AND ANY OF THOSE OTHER USES COULD BE ALLOWED UNDER THAT UNDER THE CODE .

AND ED, I'M I'M NOT AS CONCERNED ABOUT WHAT THE LADY WANTS TO DO WITH HER SON AND PUT A HOUSE ON THERE BECAUSE THERE'S TREES ON THERE NOW. SO YOU KNOW, WHATEVER SHE DOES ,SHE'S GOING TO IMPROVE THAT. SHE'S NOT GOING TO YOU KNOW, SHE'S GOING TO DO WHATEVER IT

IS WITHIN THIS NEW ZONE. >> MY PROBLEM IS IS THAT AND I KICK MYSELF THAT I VOTED I NEVER WOULD HAVE VOTED FOR A ZONING CHANGE TO ALLOW A GUY TO KEEP A QUARRY GOING FOR 10

MONTHS. >> AND THIS IS CRAZY. I WANT IT.

I MEAN IT'S NOT A COURT THAT WILL KILL CEMENT CRUSHING WHATEVER WE CALL IT, YOU KNOW?

YOU KNOW, ECHOING WHAT ERIC SAID. >> I MEAN HE'S ALLOWED TO CONTINUE THAT USE. WE DID. WE DID CHECK AND I CHECKED WITH LIBBY THAT THE APPLICANT HAS APPLIED FOR A LOW INCOME HOUSING PROJECT AND THAT'S THAT PROJECT IS ACTIVE IN THE STATE THAT'S BEING CONSIDERED. SO AS FAR AS WE KNOW, THEIR INTENT THAT REZONING WE CONSIDERED SIX MONTHS AGO THAT THEY'RE STILL PURSUING THAT.

SO I MEAN IN THE MEANTIME THEY MAY BE YOU KNOW, I'M NOT EXACTLY SURE WHAT ARRANGEMENT THEY HAVE WITH THE BUSINESS. IT'S ON THAT SITE. BUT IT LOOKS LIKE THEY ARE CONTINUING WITH WHAT THEIR ORIGINAL INTENT WAS FOR THAT PROPERTY.

>> ALL RIGHT. THANK YOU. THANK YOU.

ARE THERE ANY OTHER INTERESTED PARTIES ON THIS PARTICULAR ISSUE BEFORE WE TAKE A VOTE? OK. WE HAD I HAVE A QUICK QUESTION. YES.

DO WE EVEN HAVE A SECOND? I MEAN IT'S OPEN FOR GENERAL QUESTIONS ABOUT THIS PROJECT.

FOR EXAMPLE, METROPOLITAN PLANNING COMMISSION WILL CONSIDER THIS REZONING REQUEST

[00:40:05]

AT THEIR JULY 19TH MEETING. SO I GUESS I DON'T KNOW WHO'S WHO'S THE DRIVER HERE.

ARE THEY GOING TO LOOK AT OUR DECISION AND THAT WILL AFFECT THEIR DECISION OR SHOULD WE WAIT AND IT'S THEIR DECISION. YOU KNOW, AFFECTING OURS. THIS MAY NOT BE EXACT.

I MEAN THIS MAY HAPPEN A LOT. SO YEAH, I JUST WANT SOME CLARIFICATION.

THEIR DECISION DOESN'T NECESSARILY HAVE TO BE OURS. OURS DOESN'T NECESSARILY HAVE TO AFFECT THEM. THIS HAPPENS ALL THE TIME WHERE THERE ARE SOME ISSUES THERE LOOKED AT AHEAD OF WHERE IT COMES TO US AND SOME ARE LOOKED AFTERWARDS.

I THINK THIS THIS IS JUST BASICALLY FOR SOME MORE INFORMATION AND LOOK AT IT A LITTLE BIT DIFFERENTLY REPRESENTING WHAT THE MUNICIPALITIES AND THEN THE ANNEXATION QUESTION WHICH IS SORT OF IN THEIR COURT. YES.

RIGHT. THAT'S IT. THAT'S IT.

RIGHT. EXACTLY. OK, SO THIS HAPPENS A LOT IN ITS WE'LL SEE IF IT HAPPENS OFTEN ENOUGH IN THE OFTEN HIS PART OF IT WHERE THERE MANY MUNICIPALITIES AND AND BEFORE COUNTY WORK TOGETHER THROUGH THE METROPOLITAN PLANNING COMMISSION. THANK YOU. SO I THINK WE MAY.

THERE WAS A MOTION THAT WAS ACCEPTED TO PROVE IT. WE KNEW THEN SOMEBODY SAW ME.

I DID. I HAVE NO I HAVE A SECOND. SECONDLY RANK SECOND.

OK. ANY FURTHER DISCUSSION? >> HEARING NO DISCUSSION.

ALL THOSE IN FAVOR OF THE ZONING AMENDMENT REZONING REQUEST FOR THREE POINT 0 9 ACRES THAT 3 7 4 CORAL BAY ROAD MASS 1 INDUSTRIAL THE C 3 NEIGHBORHOOD MIXED USE PLEASE

SIGNIFY BY RAISING YOUR HAND FOR APPROVAL. >> ARE THERE ANY OBJECTIONS TO MISS? THANK YOU. ALL RIGHT.

[9. ROAD NAME CHANGE REQUEST: IN THE BLUFFTON AREA FROM LINDEN PLANTATION ROAD, LINDEN PLANTATION DRIVE E, AND LINDEN PLANTATION DRIVE W TO LINDEN PARK ROAD, LINDEN PARK DRIVE E, AND LINDEN PARK DRIVE W; APPLICANTS: PROPERTY OWNERS OF LINDEN PLANTATION RD, LINDEN PLANTATION DR E, AND LINDEN PLANTATION DRIVE W]

THE NEXT ISSUE WE HAVE IN FRONT OF US IS A ROW NAME CHANGE REQUEST AND AN AREA RANGING FROM LINDEN PLANTATION ROAD LINDEN PLANTATION DRIVE EAST AND LINDEN PLANTATION DRIVE WEST LINDEN PARK ROAD AND OLD PARK DRIVE EAST LINDEN PARK DRIVE WEST.

>> WOULD YOU LIKE TO START WITH THIS ONE? >> YES.

ONE THINGS THAT THE PLANNING COMMISSION GETS TO DO EVERY NOW AND THEN IS CONSIDER A ROAD NAME CHANGE. AND ONE UNIQUE THING ABOUT THIS IS THAT YOU'RE THE DECIDERS.

THIS IS NOT A RECOMMENDATION THAT YOU ACTUALLY WANT TO VOTE UP OR DOWN.

THIS IS A REQUEST THAT WAS MBA. I DON'T KNOW MAYBE I SAID I FEEL GOOD ABOUT IT.

>> THIS IS A REQUEST FROM ONE OF THE PROPERTY OWNERS AND IF YOU NOTICE WE DIDN'T INCLUDE THE PETITION. BASICALLY ALL THE PROPERTY OWNERS SIGNED A PETITION AGREEING WITH THIS ROAD NAME CHANGE. IT'S CURRENTLY NAMED LINDEN PLANTATION ROADS AND THEN IT SPLITS TO LINDA PLAINTIFF DRIVE EAST AND LINDEN PLANTATION DRIVE WEST AND TO THE APPLICANT LUCY CROSS WELL AS REQUESTED AND I GUESS YOU KNOW FROM YOU KNOW AGREEMENT FROM ALL THE FAMILY MEMBERS AND THERE'S ALSO A LETTER THAT'S ATTACHED TO THE STAFF REPORT THAT THEY WOULD LIKE TO CHANGE THE NAME TO LINDEN PARK ROAD AND THEY SAID THAT THIS IS A HISTORIC NAMED OF THIS AREA AND THEY'RE INTERESTED IN REFLECTING WHAT WAS ON THE MID 19TH CENTURY MAPS FOR THE AREA. AND I PROVIDED A MAP SHOWING EACH OF THE PARCELS ARE AFFECTED WHERE THE ROADS ARE. AS FAR AS STAFF CONCERNS THE CONSIDERATIONS THAT WE HAVE. THE FIRST THING WE LOOK AT IS THE LIST OF THE PETITION.

THIS ONE WAS UNANIMOUS UNANIMOUSLY SIGNED BY THE PROPERTY OWNERS.

SO THAT WAS NOT A CONCERN. >> WE MAKE SURE THAT THERE IS NO DUPLICATE NAMES.

>> THAT'S SOMETHING WE WORK WITH. 9 1 1 THERE'S NO DUPLICATIONS OF LIMITED PARK. IT'S NOT A NAME OF AN INDIVIDUAL THAT'S SAID

SOMETHING THAT IS DISCOURAGING OUR ORDINANCE. >> WE DON'T ALLOW NUMBERS OR LETTER NAMES. AND IT HAS TO BE CONSISTENT WITH HISTORIC OR PHYSIO GRAPHICAL FEATURES OF THE LOCAL AREA. SO THEY'RE CHOOSING A NAME THAT IS NOT CONSISTENT WITH HISTORICALLY CONSISTENT DOESN'T MEAN THAT IT HAS TO BE BUT IF IT'S SOMETHING THAT'S BLATANTLY INCONSISTENT WITH THE HISTORY OF THE SITE THAT'S THAT'S NOT PERMITTED. AND AS FAR AS THOSE EVALUATION CRITERIA, STAFF SUPPORTS THIS ROAD NAME CHANGE AND I FORGOT TO MENTION WHERE THIS IS THIS IS ON IN THE BLUFFTON AREA OFF OF 46 AS YOU'RE GOING WEST OUT OF THE OLD TOWN OF BLUFFTON IS ONE OF ABOUT A MILE BEFORE YOU GET TO BUCKLE AS A DONUT HOLES OR SOMETHING ALONG THAT ROAD OR SOME OF THAT HITS.

[00:45:05]

>> YEAH, THAT AREA'S IS FAIRLY CONSISTENTLY BE FOR COUNTY BUT IT'S IT'S ONE GIANT METAL, OK.

>> AND ANY QUESTIONS OR IS AND THIS IS CROSS WELL HERE. OK.

>> DOESN'T LOOK LIKE SHE JOINED US. I THINK SHE WAS GOING TO JOIN

US BY ZOOM. >> OK WELL I SEE HER LETTER AND HER RATIONALE AND I SEE THAT SHE GOT THE PETITION SIGNED BY GREAT MAJORITY OF THE PROPERTY OWNERS.

>> ARE THERE QUESTIONS OK. I HAVE A MOTION TO APPROVE THE ROAD NAME CHANGE REQUEST AND THE BLUFFTON AREA FROM LINDEN PLANTATION ROAD PLANTATION DRIVE EAST AND LINDA PLANTATION DRIVE WEST TO LINDEN PARK ROAD, LINDEN PARK DRIVE EAST AND LINDA PARK DRIVE WEST

OF EMOTION. >> LET'S SECOND THE SECOND ANY FURTHER DISCUSSION?

>> ALL THOSE IN FAVOR OF THE MOTION TO APPROVE THE NAME CHANGE FROM YOUR HAND.

OK, NO OBJECTIONS. UNANIMOUS. OK.

ALL RIGHT. WE COME TO ITEM NUMBER 10 ON THE AGENDA TAX AMENDMENT TO THE

[10. TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE (CDC): SECTION 3.1.60 (CONSOLIDATED USE TABLE) AND SECTION 4.1.190 (RECREATION FACILITY: CAMPGROUNDS) TO REVISE THE CAMPGROUND STANDARDS ]

COMMUNITY DEVELOPMENT CODE SECTION 3 1 6 0 CONSOLIDATE YOU STAPLE A SECTION FOR 1 1 9 RECREATION FACILITY CAMP GROUNDS TO REVISE THE CAMP GROUNDS STANDARDS PROBABLY WANT TO DESCRIBE THE BACKGROUND ON THIS AND INVOLVED IN THIS GOES BACK.

>> BACK IN 2018 OUR STAFF WE INITIATED SOME CHANGES TO OUR CAMP GROUND STANDARDS TO TRY TO PROVIDE A LITTLE MORE MAKE THEM MORE I GUESS CONTEXTUAL TO WHAT PART OF THE COUNTY IT'S IN BEFORE IT WAS A ONE SIZE FITS ALL BUT THEY WERE MODIFIED TO INCLUDE THREE TYPES OF CAMPGROUNDS PRIMITIVE SEMI DEVELOPED AND DEVELOPED AND THE IDEA WAS THAT THE IMPACT OF A SMALL TENT CAMPING OR SMALL CAMPER CAMP CROWD IN A RURAL AREA WAS GOING TO BE MUCH LESS THAN A LUXURY RV PARK WITH YOU KNOW WITH WITH HUNDREDS OF SITES AND WE WANTED TO MAKE THAT DISTINCTION ORDINANCE AND MAKE SURE THEY WERE LOCATED APPROPRIATELY IN THE TOWN WHERE WE COULD THERE WERE CONSISTENT COMPATIBLE WITH THE SURROUNDING LAND USES AND ALSO HAD THE NECESSARY INFRASTRUCTURE TO SUPPORT THEM. SO WE MADE THOSE CHANGES BACK IN 2000 18 BUT WE DID NOTICE SOME OF THE LANGUAGE NEEDED CLEANED UP.

THERE WERE A FEW THINGS IN THERE THAT WERE KIND OF THEY WERE MAKING A LITTLE BIT CONFUSING IN TERMS WHICH DISTRICT WHICH TYPES OF CAMPGROUNDS WERE ALLOWED BECAUSE WE HAD ONE THING IN THE USE TABLE AND ANOTHER THING IN ARTICLE 4 AND THE WAY THEY WERE WRITTEN IT COULD BE INTERPRETED TWO DIFFERENT WAYS AND SO WE WANT TO MAKE SURE WE CLEANED UP

THAT LANGUAGE. >> SO WHAT WE DID WAS WE MODIFIED THE TABLE.

THE CONSOLIDATED USE TABLE AND ARTICLE 3 TO SPECIFICALLY CALL OUT THE 3 CAMPGROUND TYPES, MAKE IT CLEAR WHICH DISTRICT THEY WERE PERMITTED. AND WE MADE SURE THAT THE LANGUAGE IN ARTICLE 4 WHEN WE DESCRIBE WHAT THE SPECIFIC STANDARDS ARE FOR EACH CAMPGROUND THAT THEY REFERRED TO THAT TABLE AND THAT THEY WERE CONSISTENT.

>> AND SO WE WANT TO CLEAN THAT . THERE WAS SOME CONCERN ABOUT YOU KNOW, WE HAD A MAXIMUM 14 DAY LENGTH OF STAY. BUT THE CONCERN WAS THAT SOMEBODY WOULD JUST, YOU KNOW, EXIT THE PARK, DO A U-TURN, COME BACK IN AND DO ANOTHER SET OF 14 DAYS. SO WE STRENGTHEN THAT LANGUAGE TO SAY, YOU KNOW, 14 DAYS, ANY 14 DAYS WITHIN A 30 DAY PERIOD. THAT WAY, YOU KNOW, SOMEBODY IS NOT DOING TWO BACK TO BACK STAYS IN SOME OF THE CONCERNS THERE IS JUST MAKING SURE THAT THIS DIDN'T TURN MORE INTO A PERMANENT HOME SITE THAT IS MORE YOU KNOW, FOR PEOPLE WHO ARE VISITING THE AREA BECAUSE IT JUST DOESN'T HAVE THE SERVICES FOR US FOR SOME OF THESE PERMANENT RESIDENTS.

>> WE MADE WHAT I BELIEVE IS A NECESSARY CORRECTION, YOU KNOW, IN THE OLD ORDINANCE FOR PRIMITIVE CAMP GROUNDS A BUFFER WAS 30 FEET FOR THE SEMI DEVELOPED AND DEVELOPED IT WAS

ONE HUNDREDS. >> BUT IF YOU'RE IN A RURAL AREA, YOU WANT TO MAKE SURE THAT YOU'RE WELL BUFFERED FROM SURROUNDING DEVELOPMENTS AND SO WE WANT TO MAKE SURE THAT THAT WAS CONSISTENT WITH THE OTHER TWO. WE WANT TO CLARIFY LANGUAGE ABOUT WHAT TYPES OF CAMPERS OR ARE THESE WERE PERMITTED IN EACH ONE.

[00:50:04]

THE PRIMITIVE CAMP GROUND IS PRIMARILY RESTRICTED TO TENTS AND SMALL CAMPERS.

>> AND SO WE WENT BY KIND OF INDUSTRY LANGUAGE AS FAR AS WHICH TYPES OF OF CLASS VEHICLES ARE PERMITTED AND THAT IS PRETTY MUCH IT. OH THE OTHER THING AND THIS ONE TO MAKE SURE THAT SEMI DEVELOPED AND DEVELOPED CAMPGROUNDS HAD ACCESS TO YOU KNOW TAPPED INTO PUBLIC SEWER AND WATER BECAUSE YOU'RE TALKING ABOUT IT IMPACT THAT HAVING THAT MANY SITES IN A SMALL AREA. WE WANT TO MAKE SURE THAT WE WERE ADEQUATELY ADDRESSING SALT OR WASTEWATER AND DRINKING WATER FOR THOSE SITES BUT

THAT'S GENERALLY WHAT WE'RE PROPOSING. >> IF YOU REMEMBER LAST SUMMER THIS HAPPENED TO COME UP BUT IT WAS I WOULD SAY UNFORTUNATELY TIMED LIST OF CHANGES THAT WERE COMING UP IS A PRETTY CONTENTIOUS CAMPGROUND THAT YOU ALL MAY BE FAMILIAR WITH FROM

OUR PREVIOUS MEETING. >> AND SO AT THAT TIME WE HAD PROMISED THAT WE WOULD HAVE A WORKSHOP WITH THE PUBLIC IN REVIEWING THIS AT THE STAFF LEVEL NONE OF THESE CHANGES.

I THINK THAT THESE CHANGES ARE NECESSARY REGARDLESS IF THERE ARE ADDITIONAL CHANGES THAT WANT TO BE CONSIDERED FOR CAMPGROUND. YOU KNOW, WE WOULD BE OPEN TO THAT BUT WE DON'T THINK IT WOULD IT SHOULD SLOW THESE DOWN.

I THINK THESE ARE NECESSARY TO CLEAN UP THE LANGUAGE SO THAT THE NEXT ONE NEXT CAMPGROUND YOU KNOW, SOMEBODY APPLIES FOR . WE HAVE VERY CLEAR LANGUAGE.

YOU KNOW, THE BIGGEST JEFF GUIDANCE ON WHERE IT'S PERMISSIBLE.

>> LET ME I MEAN MAKE SURE I UNDERSTAND WHAT YOU JUST SAID. IF THERE BE FURTHER INPUTS AFTER THIS GETS REVIEWED. THERE IS A POTENTIAL FOR POTENTIALLY ANOTHER SET

OF AMENDMENTS RIGHTS. YOU'RE OPEN TO THAT. >> YEAH.

THERE'S ALWAYS AN OPPORTUNITY FOR THAT. BUT AT THE STAFF LEVEL WE FELT THIS. THESE CHANGES WERE NECESSARY TO CLEAN UP THE LANGUAGE, MAKE IT MUCH MORE EASY TO INTERPRET IT THE STAFF LEVEL AND IT PREDICTABLE FOR SOMEBODY APPLYING FOR A CAMPGROUND. THE OTHER THING I WANTED TO MENTION AND I SEE AND THIS IS HERE I'VE BEEN IN TOUCH WITH HIM ABOUT SPECIFIC CHANGES HE WOULD LIKE TO MAKE AND I THINK YOU RECEIVED A LETTER FROM HIM, RIGHT. SO YOU HAD ASKED ME I GUESS, YOU KNOW, AFTER HE SPEAKS IF YOU ARE WILLING TO WEIGH IN ON THAT AS WELL.

OK, QUESTIONS OF ROB. >> IS THERE ANYTHING WE CAN SAY THAT 24 HOUR SECURITY MUST BE

AT THESE CAMPSITES? >> YES, I THINK THAT'S A LOT OF OBJECTION FROM.

I WOULD THINK THE NEIGHBORS THAT THEY'RE WORRIED ABOUT THAT.

I WAS JUST WONDERING IF THERE'S SOMETHING WE CAN PUT IN THERE THAT REQUIRES THE PEOPLE THE LOAN FACILITIES TO PUT IN 24 HOURS SECURITY. YEAH.

AND YOU KNOW, IS IT IT'S SOMETHING THAT WE COULD DO. I MEAN I WAS REALLY LEERY ABOUT ANYTHING THAT WAS GETTING TO OPERATIONAL IN TERMS TELLING PEOPLE HOW TO RUN THEIR OWN BUSINESS. YOU KNOW, THERE'S THAT FINE LINE BETWEEN, YOU KNOW, SOMEBODY OFFERING SECURITY ON THEIR SITE AND YOU KNOW, WHAT IS THE ROLE OF LOCAL GOVERNMENT IN REGULATING CAMPGROUNDS THAT WHEN WE FIRST TALKED JUST TO FOLLOW YOUR QUESTION WHEN WE FIRST TALKED ABOUT THESE INITIATE THE ONES THAT ARE CURRENTLY ON AND THEN APPROVED WAY BACK WHEN WE BROUGHT UP THE ISSUE OF COMPLIANCE AND HOW DO WE SHORE COMPLIANCE?

>> THAT'S NOT SOMETHING EASILY ATTAINED BUT HEY, WE RAN INTO THE SAME ISSUE WHEN WE'RE LOOKING AT SHORT TERM RENTALS AND WE INSTITUTED A PERMITTING POLICY.

IS IT POTENTIALLY POSSIBLE INTO STOOD AT PERMITTING POLICIES SUCH THAT THERE IS A REPORTED VIOLATION THAT IS SUBSTANTIATED BY THE COUNTY THAT THE PERMIT WOULD BE SUSPENDED FOR X NUMBER OF DAYS OR FIND SOMETHING WHICH WOULD DEMONSTRATE THAT WE'RE IMPORTANT? IT'S IMPORTANT TO THE SURROUNDING NEIGHBORHOODS FOR THE FOUR COMPLAINANTS IN THIS ISSUE. I KNOW WE PASSED A BYPASS THAT LAST TIME.

I THINK WITH THE INCREASE IN THE NUMBER OF CAMP SITES THERE AND CAMPGROUNDS ARE BEGINNING TO OCCUR PARTICULARLY LAST YEAR. SO IT WOULD AVAIL US CONSIDER PERMITTING POLICY THAT WOULD SEEK COMPLIANCE AND VILE VIOLATIONS BE EITHER FINED OR SUSPENDED THEIR OPERATION FOR A PERIOD TIME. I DON'T WANT YOU IN THE

[00:55:05]

LEGALITY OF THAT BUT IS THERE IS THERE ANY REASON WHY PERMITTING WOULD NOT BE A

VIABLE SOLUTION? >> ARE YOU TALKING ABOUT PERMITTING INDIVIDUAL CAMPERS INSIDE? NO COMMITTING PERMITTING THE OWNER OF THE SITE?

>> NO THERE ISN'T. THE OPERATIONS THERE IS A PERMITTING PROCESS SO THERE IS SUCH THAT IF THERE IS A VIOLATION IF THERE IS VIOLATION WE WOULD SEND CODE ENFORCEMENT OUT THERE TO INVESTIGATE AND WRITE THEM A CITATION WERE IN VIOLATION OF THE COUNTDOWN

SPEND. >> AND THAT WOULD GO BEFORE A MAGISTRATE THE MAGISTRATE WOULD DETERMINE GUILT JUST LIKE A POLICE OFFICER IF HE CATCHES SOMEONE SPEEDING YOU'LL ISSUE A CITATION AND THEY HAVE TO GO BEFORE A JUDGE AND THE JUDGE TO DETERMINE IF THAT PERSON IS GUILTY OF SPEEDING OR NOT. AND ASSESS OFTEN THEN THE FINES GREW SUCCESSIVELY FOR EACH STATE ABOLISH I MEAN THE FINES OR EACH DAY THAT THE VIOLATION EXISTS AS CONSTITUTED A SEPARATE OFFENSE SO THEY COULD BE FINED DAILY COULD BE PURPOSEFUL TO REFERENCE THAT PERMITTING PROVISION FOR COMPLIANCE AND LENGTH OF STAY HE DID IT OR WE DID IT FOR SHORT TERM RENTALS THAT MAY MEAN I'M NOT REALLY SURE HOW HE REFERENCED IT OTHER THAN JUST TO SAY THAT THEY OFTEN RECEIVED APPROVAL FROM THE COUNTY ZONING BOARD OF APPEALS TO HELP SHORT TERM ROUNDS AND WE WOULD NOT ADVOCATE THAT WE DO THAT IN THIS PARTICULAR CASE BECAUSE

SOMETIMES CAMP GROUNDS IT MAKES SENSE FOR THEM TO EXIST. >> WHAT WE'RE WHAT WE'RE HAVING RIGHT NOW WITH REGARDS TO CAMPGROUNDS COUNT RULES ARE NOT A PROBLEM ANYWHERE IN THIS

COUNTY THAT I KNOW OF . >> NOBODY CAN POINT TO A CASE FOR ANY CAMPGROUND IS CAUSING AN ISSUE WE'RE REACTING TO ONE OF THE THINGS I OFTEN SAY AS A PLANNING DIRECTOR WHEN I WAS PLANNING DIRECTOR NOW SAYS A COUNTY ADMINISTRATOR NINETY NINE POINT 9 PERCENT OF THE ISSUES THAT WE DEAL WITH THE LOCAL LEVEL IS A PROBLEM BECAUSE SOMEBODY PERCEIVES IT'S GOING TO BE A PROBLEM OR WE'RE DEALING WITH A CAMPGROUND ISSUE IS A EMOTIONAL ARGUMENT TO

PEOPLE THAT HAVE NO BASIS TO MEET. >> THOSE ARGUMENTS BECAUSE THEY'RE REACTING TO SOMETHING THAT THEY DON'T WANT TO SEE HAPPEN TO BEGIN WITH AND PEOPLE

OPERATE CAMPGROUNDS. >> IT'S IN THEIR BEST INTEREST TO KEEP THE CAMPGROUND CLEAN AND SAFE AND OPERATING APPROPRIATELY SO THEREBY UNDERSTANDS THE STANDARDS.

>> BUT SHOULD WE HAVE A SITUATION WHERE SOMEBODY IS NOT DOING THAT WE WILL DO AS WE'VE DONE IN THE PAST FOR CAMPGROUND OWNERS WHO VIOLATE THE STANDARDS.

WE'LL GO OUT, WRITE THEM CITATIONS AND TAKE THEM TO COURT.

WE'RE IN COURT RIGHT NOW WITH A CAMPGROUND THAT EXPANDED LEGALLY IN THE COUNTY AND WE PUT THEM UNDER KNOWS OF VIOLATION. THEY WENT TO THE ZONING BOARD APPEALS THE ZONING BOARD APPEALS DENIED THEIR REQUEST FOR A BUFFER VARIANCE.

THEY TURNED AROUND AND SUED, DESIGNED MORE APPEALS AND NOW WE'VE WRITTEN THEM CITATIONS BECAUSE THEY WENT OUT AND EXPANDED THE COUNT ROUND AGAIN IN VIOLATION OF THAT.

>> AND WE'RE WORKING THROUGH ALL AT THIS POINT. SO THAT'S THE WAY YOU DEAL WITH THAT ISSUE. THERE'S A MECHANISM IN PLACE TO DEAL WITH LEGITIMATE CONCERNS AND LEGITIMATE VIOLATIONS OF THE COUNTY CODES ORDINANCES AND NOBODY HAS TO STATE THAT

THEY'RE GOING TO COMPLY. >> YOU KNOW YOU KNOW BANKS WHEN YOU GO OPEN A CHECKING ACCOUNT, THEY DON'T REQUIRE YOU TO SIGN A STATEMENT SAYING YOU'RE NOT GOING OVER YOUR CHECKING ACCOUNT SOMETIMES PEOPLE WITHDRAWALS YOUR CHECKING ACCOUNT AND THEY HAVE TO PAY

FEES AND PENALTIES FOR DOING THAT. >> SO YOU KNOW, WE DON'T NEED TO YOU KNOW, IN MY MIND WE DON'T NEED TO GET CARRIED AWAY IN THE ENFORCEMENT CAMPGROUNDS

BECAUSE HIS COUNT ROUNDS REALLY AREN'T A PROBLEM. >> TO QUOTING FORCE ME YOU

BELIEVE IS ADEQUATE. >> GUIDELINES ARE THERE ARE ADEQUATE FOR PERMITTING OUR ABUSE OF PERMITTING WE IF WE GOT IT IF WE GOT A CALL SAYING HEY THIS CAMPGROUNDS ALLOWED PEOPLE TO STAY MORE THAN 14 DAYS, WE WOULD WALK IN THERE AND TELL THE PEOPLE OUR BOOKS AND LET US SEE HOW LONG THESE PEOPLE ACTUALLY RUN ON THE SITE BECAUSE IT'S ALL DOCUMENTED

MOSTLY DOCUMENTED ONLINE AT THIS POINT. >> SO YOU KNOW, YOU KNOW, IT'S JUST LIKE WITH MINING, YOU KNOW THAT WE GET YOU KNOW, MY DUMP TRUCKS FROM THE MINE SHOULDN'T BE ON THIS ROAD AT THE SAME TIME SCHOOL BUSES ARE ON THE ROAD.

>> THERE'S NOT BEEN NO DOCUMENT CASE THAT I EVER COME ACROSS. I'M SURE IF YOU RESEARCH SOMEWHERE IN THE UNITED STATES OF AMERICA YOU FIND A CASE WHERE A DUMP TRUCK HIT A SCHOOL BUS AT SOME POINT BUT IT'S NOT BECAUSE THERE WAS A MINE BECAUSE DUMP TRUCKS AND FREIGHT

TRUCKS ARE ON THE ROAD WITH SCHOOL BUSES ALL THE TIME. >> THE FACT THE DEMAND IS GOING OUT, DOES THAT HAVE ANYTHING TO DO WITH THEIR BEING NECESSARILY AN INCREASE OF ACCIDENTS FOR A SCHOOL BUS? SO I SAY THAT BECAUSE THAT'S THE SIMILAR TYPE OF ARGUMENT WE

HEAR WITH MINING IN OPPOSITION MINING. >> AND YOU REALLY CAN'T TIE THE TWO TOGETHER. PEOPLE AREN'T TYPICALLY LIVING CAMPGROUNDS UNLESS YOU KNOW IT

[01:00:01]

SOUND UNLESS IT'S IN AN AREA WHERE LAWS CONSTRUCTIONS. >> SO AS LONG AS WE BACK YOU UP HERE AND I CERTAINLY APPRECIATE YOU TAKING THE TIME OTHERWISE I KNOW A VERY BUSY JOB IN THIS EITHER FOR EITHER ONE OF YOU WHOEVER FEELS IT APPROPRIATE THE ISSUE AROUND DENSITY BY PER ACRE A NUMBER OF CAMPERS OR CAMPSITES ON AN ACREAGE THAT'S JUST SOMETHING THERE IS I WOULD ASSUME SOME DIFFERENTIATION DEPENDING ON THE TYPE OF CAMP SITE WHETHER IT'S A SEMI OR

FULLY OR JUST A CAMP SITE. >> IS THAT SOMETHING THAT IS REVIEWED WITHIN THE SRT PROVISIONS FOR DENSITY OR ARE THERE GENERAL STANDARDS FOR LIMITATION FOR A NUMBER ON AN ACREAGE BASIS? I THINK THAT'S PART OF MR. ANDREWS LET ROB REVIEW BECAUSE

I HAVE A ORDINANCE AND QUITE SOME TIME. >> BUT THANK YOU.

>> THANK YOU. YEAH IT'S MAINLY DICTATED BY THE TYPE OF CAMPGROUND A PRIMITIVE CAMPGROUND CAN ONLY HAVE SO MANY SITES AS SEMI DEVELOPED CAMPGROUNDS.

>> THERE IS A MINIMUM SIZE FOR A CAMP SITE AND THERE'S A MAXIMUM NUMBER OF UNITS THAT ARE ALLOWED IN THAT. SO IT'S NOT DICTATED BY DENSITY BUT IT'S DICTATED BY SIZE OF CAMP SITES AND THEN THE OVERALL LIMITATIONS ON THE NUMBER OF CAMPSITES.

>> OK. JUST TO FOLLOW UP ON ED ROB THAT'S THE RATIONALE THAT PRIMITIVE SITES CAN HAVE ON SITE SEPTIC AND ONSITE POTABLE WATER.

RIGHT. SO THEY DON'T HAVE TO BE HOOKED INTO THE COUNTY SEWER AND AND

WATER. >> RIGHT. I MEAN PRIMITIVE IT DOESN'T REQUIRE THAT IT'S BECAUSE OF YOU SITE RATE OF USE AND YOU'RE GOING TO HAVE SMALLER UNITS SO YOU DETERMINE FOR PRIMITIVE THAT'S OK. BUT FOR SEMI DEVELOPED AND DEVELOPED I MEAN FROM WHAT I READ THAT'S NOT IT'S A LITTLE DIFFERENT FROM MR ANDREWS IS LETTER BUT THAT'S THE COUNTY'S POSITION. ARE THERE OTHER QUESTIONS OK.

I HAVE A MOTION. I KNOW WE HAVE SOME OH I'M SORRY.

IS THIS WHERE MR. ANDREWS SPEAK UP HERE GOT AN EXEMPTION? SORRY, SIR.

>> MY NAME IS STEVE ANDREWS. >> I APPRECIATE Y'ALL GIVING ME A CHANCE TO TALK TO ALL THE SIMPLE ASK IS THAT THE SAME IDEA DEVELOPED IN THE DEVELOPED CAMPGROUNDS THAT THEY'RE CURRENTLY RESTRICTED TO ONLY EXISTING PUBLIC WATER AND SEWER IN THE THAT Y'ALL WOULD CONSIDER ALLOWING THOSE TO BE ON ONSITE SEPTIC AND ONSITE POTABLE WATER? THE REASONING BEHIND THAT IS THEY'RE IN THEIR SPECIFIED ESPECIALLY AS SUMMER DEVELOPMENT AS T2 AND IN ARTICLE 6 OF THE ORDINANCE IT SPEAKS TO NOT EXTENDING SEWER INTO THE TETON DISTRICT UNLESS THERE'S AN ENVIRONMENTAL NEED SOME BUT NOT FOR A NEW DEVELOPMENT. SO YOU HAVE ONE SECTION OF THE ORDINANCE THAT SAYS DON'T BRING SEWER ENTITY TO AND NOW WE HAVE A CAMPGROUND CAN ONLY EXIST IN T2 BUT MUST HAVE PUBLIC WATER

AND SEWER. >> SO IN IN CONVERSATIONS WITH WITH ROB HE EXPRESSED ONE OF THE CONCERNS WAS TO GET TOO MUCH DENSITY THAT WOULD OVERSTRESS THE INFRASTRUCTURE PRIMARILY ROADS AND THUS CONSIST WITH THE COMPREHENSIVE PLAN.

SO THE COMPROMISE THAT I OFFERED FOR CONSIDERATION IS THAT YOU ALLOW THESE CAMPGROUNDS TO HAVE WE SERVE ONSITE WATER AND SEWER BUT YOU SAID RESTRICTIONS ON THE SITE SO YOU WOULD NOT BE ABLE TO OVERLOAD THE INFRASTRUCTURE OF THE EXISTING AND THEN IN THE LATTER OUTRIGHT SINCE THE DISCUSSION ITEM WAS ON WHETHER YOU CAN OR CAN'T HAVE PUBLIC SEWER ONSITE SEWER THEN I JUST LOOKED AT THE SEWER LOADING TO TRY AND GET SOME RECOMMENDATION FOR THE DENSITY WOULD BE AND THAT'S WHAT I WENT THROUGH THAT A LOADING ON A TRAILER OR A CAMPGROUND IS 120 GALLONS AND I WANT TO GET BOGGED DOWN TOO MUCH IN THE NUMBERS AND FOR A SINGLE FAMILY HOME IT'S 120 GALLONS PER BEDROOM. SO I SAID IF YOU'RE IN A RURAL

[01:05:02]

AREA SMALLER HOME POSSIBLY TWO TO THREE BEDROOMS. SO THE LOAD ON THE INFRASTRUCTURE FOR A CAMPER WOULD BE TWO TO THREE TIMES LESS.

AND SO I MADE THE RECOMMENDATION THAT YOU COULD HAVE IF YOU CAN HAVE ONE HOUSE FOR THREE ACRES AND RURAL AND THE TEAM TO THEN YOU COULD HAVE ONE AND A HALF HOUR VS PER ACRE OR LOOKING AT IT AS UNITS TO THE ACRE IT'S POINT THREE FOUR UNITS FOR A SINGLE FAMILY HOUSE IT WOULD BE POINT SIX A FOUR HOUR BASE AND GET A LITTLE MUCH IN THE NUMBERS.

BUT THE SIMPLE ASK IS I UNDERSTAND WHY IT'S WRITTEN LIKE IT IS.

>> I THINK THAT'S GOOD POLICY TO RESTRICT THE DENSITY OR THE MAKE SURE THAT INFRASTRUCTURE IS THERE TO SUPPORT THOSE UNITS. IT CAN GO UP TO 200 CAMPSITES BUT IF IT'S IN T2 THERE'S NO WATER AND SEWER. THAT SEEMS LIKE A GREAT PLACE TO HAVE A CAMPGROUND IS IN A RURAL AREA. SO CAN YOU MAKE AN EXCEPTION THAT YOU WOULD ALLOW SOME? I DEVELOPED TO HAVE ONSITE WATER AND SEWER BUT THEN

CONTROL MAXIMUM DENSITY SO COMPLICATED QUESTIONS. >> HOPEFULLY THAT YOU CAN FOLLOW THAT QUESTIONS. MR. ROB, DO YOU WANT TO ADDRESS THANK YOU.

I THINK WE DO. I'D LIKE TO HAVE A CHANCE TO LOOK AT THE REQUEST AND I THINK WE COULD USE SOME OPPORTUNITY FOR FLEXIBILITY FOR LOW DENSITY SITES.

>> I JUST WANT TO MAKE SURE THAT WE HAVE STAFF ARE ABLE TO KIND OF EVALUATE MAKING SURE WE'RE NOT ALLOWING DEVELOPMENT THAT'S IN AN INCOMPLETE WITH RURAL AREAS.

YOU KNOW, I THINK THAT THE IDEA OF HAVING OUR VS LOW DENSITY SITE YOU KNOW, WITH A LOT OF LAND TO SUPPORT IT AND BUFFER IT FROM OTHER USES, YOU KNOW, I DON'T NECESSARILY OBJECT TO THAT. YOU KNOW, IT'S SOMETHING THAT WE WANT TO LOOK AT A LITTLE

FURTHER. >> SO MY RESPONSE TO THAT WOULD BE GREAT.

I MEAN TAKE A LOOK AT IT. I MEAN THAT'S WHAT WE'RE HERE FOR.

SO YOU WOULD BE ASKING THIS THEN THIS EVENING TO CONSIDER THE PROPOSAL YOU'VE GOT WITH THE POTENTIAL FOR AN AMENDMENT DOWN THE ROAD AFTER IT HAS IT DONE A STAFF REVIEW? DO YOU WANT US TO WAIT ON THE PROPOSAL HERE UNTIL YOU'VE HAD THAT REVIEW OR WOULD YOU PREFER IS THERE ANY PROBLEM WITH JUST DOING THE ONE PART AND THEN ADDING MENDING IT LATER? CAN WE DO IT TO ME? CAN WE DO IT TOO LATE? WELL, IF THE STAFF IS ASKED TO TAKE A LOOK AT IT QUITE SIMPLY DELAYED A DECISION I DON'T GIVE THEM YEAH MEAN WE COULD WE

COULD DELAY A DECISION ON THE WHOLE PACKAGE OR WE OR NO. >> OR COULD WE ALSO APPROVE IT WITH THE RECOMMENDED TO AMEND THE ARTICLE 3 TO INCLUDE A LOW DENSITY OPTION FOR ONSITE SEWER AND WATER ASKED FOR REVIEW BUT THAT DOESN'T MAKE HIM DO AN APPROVAL WITH CONDITIONALLY YOU CAN ASK FOR A KNOW YOU CAN DO WHATEVER YOU ARE COMFORTABLE WITH.

LAST WEEK WE WILL LOOK AT IT GIVE YOU A RECOMMENDATION NEXT MONTH I MAKE A MOTION WITH A CONDITION ATTACHED TO IT THAT WE CONSIDER APPROPRIATE NANCY. THAT'S FINE AS WELL.

WHATEVER YOU ARE QUIET AND SEE. THERE ARE NEW. THIS IS NOT THE TIME SINCE.

OKAY. THAT WAS MY QUESTION WAS TO MOVE THIS FORWARD.

ALL RIGHT. YEAH. I MEAN WE OBVIOUSLY WANT TO WANT THE AUDIENCE JUST A LITTLE BETTER. YOU KNOW, IF THESE CHANGES THAT YOU KNOW, I GUESS IT WOULD BE EITHER HAVE US COME BACK OR A BIG YOU KNOW, TRUSTING STAFF TO TO GO IN THAT DIRECTION AND GO FORWARD TO NATURAL RESOURCES WITH CHANGES THAT ARE

CONSISTENT. >> SO IF WE WERE TO APPROVE THE BASIC PROPOSAL AND THEN ■YOU&-P.

[11. TEXT AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE (CDC): ARTICLE 5, DIVISION 5.5, SECTION 5.5.30.B.1 “GENERAL PARKING STANDARDS, OFF‐SITE/PREMISES PARKING,” TO PROVIDE ADDITIONAL FLEXIBILITY FOR SHARED PARKING ]

[12. TEXT AMENDMENT TO SECTION 3.4.90 OF THE COMMUNITY DEVELOPMENT CODE TO ADD A COASTAL RESILIENCE OVERLAY DISTRICT TO REQUIRE REAL ESTATE DISCLOSURE WHEN PROPERTY IS TRANSFERRED IN LOW‐ LYING AREAS.]

[01:46:02]

I CAN'T THE COUNTY IS OPENING ITSELF UP TO A LOT OF , YOU KNOW, CONFIDENCE THAT A BUYER

[01:46:07]

MIGHT HAVE SAID OR A POTENTIAL BUYER LIKE OH COUNTY BUT THEY SAID THERE IS INSURANCE

[01:46:13]

AVAILABLE. WHAT? WHY IS THE COUNTY IN THE

[01:46:15]

BUSINESS OF TELLING PEOPLE THAT THERE'S FLOOD INSURANCE AVAILABLE?

[01:46:18]

REALLY? OH, THAT'S NICE. I THINK THAT IS THE UMBRELLA

[01:46:21]

FOR THE REAL ESTATE TO. BUT I MEAN MY LARGER POINT WHAT ED MADE.

[01:46:25]

SO I COMPLETELY AGREE EXCEPT THAT I THINK THE LANGUAGE SHOULD BE TRIMMED SO THAT IT

[01:46:29]

SHOULD END WHERE. HERE ARE THE MAPS. THE MAPS ARE GOING TO CHANGE.

WE'RE NEVER GOING TO GET SICK IN 30 YEARS OR WHATEVER. RIGHT TO GET THESE MAPS.

I MEAN MY INSURANCE JUST CHANGED FOR ALL THESE YEARS BECAUSE I HAVE A MORTGAGE.

I'VE HAD ALL THIS INSURANCE NEVER FLOODING. I'VE NEVER IN SINCE 1969.

HAVE YOU EVER HAD AN ISSUE WITH FLOOD ON OUR PROPERTY? COME TO FIND OUT.

THEY SAY OK, FLOODING IS NOT YOUR ISSUE. I'VE BEEN PAYING ALL THIS MONEY ALL THESE YEARS. RIGHT. SO I KNOW IT CHANGES THE COUNTIES NEVER GONNA GET ON TOP OF THAT. SO WHY PUT YOURSELF IN THE POSITION OUTSIDE OF ABSOLUTE PROVIDING THE MAPS SHOWING PEOPLE HOW TO READ THE MAPS, HAVING THE REALTORS SAY THIS IS WHAT THE PROPERTY HOW INDICATED AND DEFINED ON THE MAP.

AGREE WITH ALL OF IT. I JUST DON'T THINK THE COUNTIES SHOULD GO BEYOND THAT.

LET ME BE CLEAR. SO DIDN'T MR. LEAD YOU ON THIS? I BELIEVE THE REAL ESTATE AGENTS IN THIS CASE HAVE A RESPONSIBILITY TO IDENTIFY FOR THE PEOPLE THE FACT THAT THEY'VE BEEN GIVEN AND SOLD A PIECE OF PROPERTY THAT HAS A POTENTIAL FOR FLOODING AND THEY'VE SIGNED THAT. THEY'VE SEEN THAT. I CAN SAY WHEN I CAME OUT THAT I HAD TO SIGN A BUNCH OF DOCUMENTS THAT THEY HAD ACKNOWLEDGED THAT I HAD READ THE DOCUMENT AND THAT I WAS OK WITH THAT. SO I MADE SURE I READ EVERY DOCUMENT AND UNDERSTOOD CONSEQUENCE. AND I THINK PEOPLE THINK WE OWE OUR CITIZENS OF THAT RESPONSE. YOU KNOW, THAT ACTIVITY, THAT INVOLVEMENT.

I AM NOT IN FAVOR OF JUST LET THEM GO OUT ON THEIR OWN AT THIS POINT.

I THINK MOVING FORWARD. IT MOVES US IN THE DIRECTION WE WANT TO GO AND THAT IS YOU KNOW WHAT THE SEA LEVEL RISE AND CLIMATE CHANGE WE'RE GETTING THROUGH WITH MORE AND MORE SENSE PIECES OF OUR LAND. IT'S IT'S COMING AND FURTHER IT'S COMING UP HIGHER.

I WAS PART OF A MILITARY RESISTANCE REVIEW PANEL THIS MORNING OR THAT CAME IN DISCUSSION SIGNIFICANTLY THEIR CONCERN AND WHAT POTENTIAL FOR ITS IMPACT ON THE MILITARY INSTALLATIONS, ET CETERA. I'M NOT AGAINST THIS. I JUST THINK IT'S I'D LIKE TO SEE IT HAVE A LITTLE MORE TEETH BUT I UNDERSTAND THE SIMPLICITY OF DOING IT AND JUST THE NOTIFICATION AND THAT'S ALL WE'RE ACCOMPLISHING. NOTIFICATION DOESN'T CHANGE ANYBODY'S BEHAVIOR NECESSARILY . BUT WE NEED TO HAVE A UNLESS THERE'S MORE DISCUSSION I THINK WE AT LEAST TWO PEOPLE FROM THE POP UP MODEM I'M SORRY GO AHEAD

. >> YES, MA'AM. WOULD YOU LIKE TO COME ON ONTO OF SOME MEMBERS OF THE PLANNING COMMISSION? MY NAME IS JANICE GRESHAM AND I'M THE CEO OF THE V FOR JASPER COUNTY REALTORS. I'M HERE SPEAKING ON BEHALF NINETEEN 100 PLUS MEMBERS OF THE HILTON HEAD AREA REAL TOURS AND THE BEAUFORT JASPER COUNTY REALTORS AS REALTORS ONE OF OUR MISSIONS IS TO ADVOCATE FOR PRIVATE PROPERTY RIGHTS AND THAT'S WHAT I'M HERE TO DO THIS EVENING. WE ARE OPPOSED TO THE TAX AMENDMENT TO SECTION THREE DOT FOR DOT 9 0 AT THE COMMUNITY DEVELOPMENT CODE ADDING THE COASTAL RESILIENCE OVERLAY ZONE AND REQUIRE REAL ESTATE DISCLOSURE AT THE TIME

[01:50:01]

OF CLOSING AND THE INTEREST OF TIME. I'LL SHARE JUST A FEW OF OUR

ISSUES. >> THE STATED PURPOSE OF THIS DISCLOSURE IS TO QUOTE ASSIST INDIVIDUALS IN MAKING DECISIONS THAT INVOLVE INVESTMENTS THAT WILL LAST 30 YEARS IN LIGHT OF PROJECTED COASTAL FLOODING CONDITIONS IN THAT TIMEFRAME. CLOSE QUOTE DISCLOSING THIS AT THE CLOSING TABLE DOES NOT MEET THE STATED PURPOSE AND THIS IS THE IMPORTANT PART THAT YOU'VE

ALL TO TOUCHED ON TONIGHT. >> UNDER THE SOUTH CAROLINA RESIDENTIAL PROPERTY CONDITION DISCLOSURES ACT SECTION TWENTY SEVEN DASH 50 DASH 10 OF THE SOUTH CAROLINA CODE OF LAWS.

SELLERS ARE REQUIRED TO COMPLETE A RESIDENTIAL PROPERTY CONDITION DISCLOSURE WHICH AMONG OTHER THINGS PUTS THE BUYER ON NOTICE OF FLOOD HAZARDS WETLANDS OR FLOOD HAZARD DESIGNATIONS AFFECTING THE PROPERTY WHETHER THERE IS CURRENT FLOOD POLICY IN PLACE AND WHETHER THERE HAVE BEEN ANY FEMA CLAIMS FILED ON THE PROPERTY.

>> AND IF SO THE DATES OF THOSE CLAIMS AND THAT SECTION HAS BEEN ADDED WITHIN THE LAST FEW YEARS. THE BUYER IS GIVEN THIS DISCLOSURE PRIOR TO SIGNING A CONTRACT TO PURCHASE THE PROPERTY. THAT'S THE TIME WHEN YOU DISCLOSE THIS INFORMATION. SO WE'RE ALREADY DOING THAT. AND BY SOUTH CAROLINA LAW, THE C.R. DISCLOSURE IS UNNECESSARY AND REDUNDANT TO EXISTING STANDARD PRACTICE REAL ESTATE DISCLOSURES AND MAY BE SUSCEPTIBLE TO CLAIMS THAT ITS DISCLOSURE REQUIREMENTS ARE PREEMPTED BY THE SOUTH CAROLINA RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT.

ADDITIONALLY, I'D LIKE TO POINT OUT A COUPLE OF INACCURATE STATEMENTS UNDER THE SECTION TITLED PURPOSE ON YOUR DOCUMENT THEIR THE SECOND PARAGRAPH IMPLIES THAT ANYONE BUYING PROPERTY IN A SPECIAL FLOOD HAZARD AREA IS REQUIRED TO PURCHASE FLOOD INSURANCE BUT IF A BUYER PAYS CASH THE DECISION TO PURCHASE FLOOD INSURANCE IS AT AGGRESSION JUST AS IT IS WITH BUYERS IN ZONE X.. THE LANGUAGE ALSO IMPLIES THAT THE RESIDENTIAL PROPERTY CONDITION DISCLOSURE IS NOT REQUIRED IF THE PROPERTY IS IN ZONE X BUT THAT IS NOT

ACCURATE. >> THE RESIDENTIAL PROPERTY CONDITION DISCLOSURE IS REQUIRED REGARDLESS OF THE FLOOD ZONE. AS THAT DISCLOSURE CAN DESCRIBES CONDITION OF THE ENTIRE PROPERTY NOT JUST THE FLOOD.

OUR STATE CONTRACTS ALSO ADVISE BUYERS TO SEEK THE SERVICES OF PROFESSIONALS TO DETERMINE FLOOD ZONES, ELEVATIONS, WETLANDS, BEACH RUN AND THE AVAILABILITY AND COST OF INSURANCE TO INCLUDE FLOOD INSURANCE. HEARD DAN MORGAN OF THE BEAUFORT COUNTING G.I. S DEPARTMENT APPROXIMATELY 60 SEVEN THOUSAND EIGHT HUNDRED PROPERTIES IN BEAUFORT COUNTY ARE LOCATED IN ZONE X AND WOULD BE IMPACTED BY THIS ORDINANCE.

THE FEDERAL GOVERNMENT HAS DETERMINED THAT PROPERTIES IN ZONE X ARE NOT IN A SPECIAL FLOOD HAZARD AREA AND HAVE LESS THAN A ZERO POINT TWO PERCENT RISK OF FLOODING.

BEAUFORT COUNTY ANDI MUNICIPALITY HAS RECENTLY APPROVED THESE NEW MAPS REQUIRING SUCH DISCLOSURE IS CONTRADICTORY AND WILL CONFUSE BUYERS, NOT EDUCATE THEM.

>> AS A POINT OF REFERENCE, THE BLUFF FARM SUBDIVISION ON LADY ZEITLIN IS IN ZONE X AND HAS AN

AVERAGE ELEVATION OF 20 FEET. >> BUT YET THIS DISCLOSURE WOULD APPLY TO THAT PROPERTY AND SAYS ITS SUBJECT THAT PROPERTY WOULD BE SUBJECT TO SEA LEVEL RISE AT A 20 FOOT ELEVATION REQUIRING THE DISCLOSURE TO BE FILED WITH THE DEED.

>> IT ALSO MAKES IT A PERMANENT PART OF PUBLIC RECORD AND PLACES IN ENCUMBRANCE ON THE

TITLE. >> COULD THIS POTENTIALLY IMPACT FUTURE TRANSFERS PROPERTY? THIS ORDINANCE WILL HAVE MANY UNINTENDED CONSEQUENCES AND WE RESPECTFULLY ASK THE PLANNING COMMISSION NOT TO MOVE THIS ORDINANCE FORWARD TO THE NATURAL RESOURCES COMMITTEE. THANK YOU FOR ALLOWING ME TO DIRECT TO ADDRESS YOU THIS EVENING AND I HOPE YOU WILL TAKE MY COMMENTS INTO CONSIDERATION.

THANK YOU. I HAVE A QUESTION FOR YOU. >> THAT DISCLOSURE NORMAL YOU HAD THAT TO THE PEOPLE AS SOON AS THEY COME IN THAT DISCLOSURE FORM IS A REQUIREMENT TO BE

SIGNED BY EVERY SELLER AND BUYER SIGNS IT. >> SO IF I CAME INTO AN OFFICE ONE OF THE REAL ESTATE OFFICES TODAY AND I WANTED TO LOOK AT X PROPERTY, YOU WOULD SHOW ME THAT DISCLOSURE DISCLOSURE SHOULD BE PROVIDED TO YOU AT THE TIME THAT YOU'RE INTERESTED

IN THE PIECE YOU'RE SAYING SHOULD. >> BUT IF YOU'RE SAYING IT ALSO

[01:55:01]

COULD AND MIGHT NOT BE NOT. THEN COME DOWN ON ME IT WAS THAT IT WILL IT WILL BE SHOWN YOU'RE ALSO ASSUMING THAT THERE'S A REAL ESTATE AGENT INVOLVED IN EVERY TRANSACTION

AND THAT'S NOT THE CASE. >> THERE ARE PLENTY OF TRANSACTIONS WHERE BUYERS AND SELLERS ARE ARE NOT REPRESENTED BY REAL ESTATE AGENTS.

SO THE DISCLOSURE THAT YOU'RE TALKING ABOUT WOULD NOT BE ON THE BACK OF THE REAL ESTATE INDUSTRY PER SAY IT WOULD BE ON THE BACK OF THE HOMEOWNER TO DO THE DISCLOSURE.

ALSO STATES IN THERE THAT YOU KNOW, YOU'VE GOT TO HAVE LANDLORDS WOULD HAVE TO PUT IT IN THEIR CONTRACTS. ARE THERE PLACES? HOW ARE YOU GOING TO NOTIFY LANDLORDS? THIS IS A REQUIREMENT. HOW IS THIS GOING TO BE ENFORCED? WHAT MECHANISMS ARE GOING TO BE USED TO EDUCATE PROPERTY OWNERS AND LANDLORDS THAT THEY'VE GOT TO DO THIS? THERE'S JUST A LOT OF PROBLEMS WITH THIS ORDINANCE AND THEN WE WOULD ASK THAT YOU NOT MOVE IT FORWARD, MA'AM.

>> COULD YOU PLEASE EXPLAIN WHY YOU THINK THAT HAVING THIS DOCUMENT WOULD BE AN ENCUMBRANCE ON THE DEED THAT WOULD RUN WITH THE DEED? BECAUSE I DON'T SEE IT THAT WAY. IT'S A PUBLIC RECORD. SO WHEN WHEN YOU WHEN IT'S HIGHLY ABSTRACT IT GOES TO EXAMINE TITLE TO YOUR PROPERTY THERE.

THIS DOCUMENT WOULD BE RECORDED WITH THE DEED. SO IT'S GOING TO BE SHOWN AS PART OF THE DEED WHICH IN AND OF ITSELF IS A PROBLEM BECAUSE WHAT IF THE ZONING CHANGES YOU'VE SIGNED THIS DOCUMENT ATTACHED TO THE DEED AND SAYS IT'S PROPERTIES IN ZONE X SO ZONE COULD CHANGE DOWN THE ROAD. THAT'S NOT THAT'S NOT A PLUS OR A MINUS WHEN THE COUNTY IS NOT OR YOU KNOW THAT THAT'S GOING TO CHANGE LOTS OF THINGS CHANGE AND DEAL MAKING YOU'RE MAKING IT. PERMANENT PUBLIC RECORD.

MY POINT. >> AND THAT'S WHAT YOU CALL INCUMBENCY.

I DON'T SEE THAT AS AN INCOME AMOUNTS OR APPROPRIATE. LET ME EXPLAIN IN A LITTLE BIT

FURTHER. >> YOU PUT THAT ON THE TITLE ABSTRACT.

THE TITLE ABSTRACT THEN GOES TO THE CLOSING ATTORNEY. THE CLOSING ATTORNEY SEES THAT AND COULD NOT SAYING THEY NECESSARILY WOULD BUT THEY COULD SHOW IT AS AN EXCEPTION ON A TITLE INSURANCE FINDER THAT BECOMES AN ENCUMBRANCE. AND BY PUTTING THAT AS AN EXCEPTION ON THE TITLE INSURANCE FINDER IT GOES TO THE LENDER FOR APPROVAL A LENDER WHO'S UNDERWRITER MAY BE IN THE STATE OF KANSAS SEES THAT ON A TITLE INSURANCE FINDER AND SAYS OH MY GOSH, THIS PROPERTY IS SUBJECT TO INTENSE STORMS AND KING TIDES AND SEA LEVEL RISE.

SO NOW THEY'RE GOING TO REQUIRE THAT BUYER TO PURCHASE FLOOD INSURANCE.

OK. SO NOW YOU'VE GOT A PROPERTY THAT FEMA SAYS FEDERAL FEDERALLY INSURED MORTGAGES SAY YOU DON'T HAVE TO BUY FLOOD INSURANCE BUT NOW THIS LENDER CAN SAY WELL WE'RE GOING TO REQUIRE IT. SO NOW THE 600 DOLLAR FLOOD INSURANCE PREMIUM MAY PUT THAT BUYER OUT OF APPROVAL RATING TO GET THAT ONE.

SO YES, IT'S AN ENCUMBRANCE I GUESS. I MEAN I KNOW I'M THE ONE WHO JUST SAID THAT THE COUNTY SHOULDN'T BE IN THIS BUSINESS BUT I ACTUALLY THINK THAT'S PART OF MARKET. BUT THE MARKET WILL DETERMINE AND THAT'S UP FOR A SELLER TO DECIDE AND THAT TO ARGUE THE POINT THAT THIS IS USEFUL. I WOULD LIKE IT TO BE MORE LIMITED BUT MORE USEFUL THAN THAT'S UP TO THE MARKET WHERE WE'RE THE.

WE'RE ALREADY DOING THIS AND THIS IS JUST ANOTHER STEP THAT IS NOT NECESSARY.

AND AS WE INDICATED, IT COULD BE CONSIDERED TO BE PREEMPTIVE OF THE SOUTH CAROLINA STATE

RESIDENTIAL PROPERTIES DISCLOSURE ACT. >> SO AT MAN DOES THAT DOCUMENT COVER ALL PROBLEMS LIKE FOR EXAMPLE, TERMITES MOLD OR. SO IN OTHER WORDS, THE SOUTH CAROLINA LAW ALREADY PROTECTS, IF YOU WILL OR FORCES DOESN'T PROTECT BECAUSE PEOPLE PEOPLE

LIE. >> IT'S DR. HOUSE ALWAYS SAID BUT IT FORCES THE SELLER TO PUT THEIR JOHN HANCOCK AND SAY THESE THINGS ARE ROLL, ET CETERA, ET CETERA AND THEN SIGN THEM AND YOU KNOW, YOU HAVE TO TAKE THEM AT THEIR WORD AND NOT THAT THAT'S THE DOCUMENT THAT THE SET THE SELLER IS GOING TO SEE. SO THEY'RE NOT ONLY GOING TO SEE THE FLOODING PIECE OF IT, THEY'RE GOING TO SEE EVERYTHING ELSE AND I DON'T KNOW WHAT THE ITEMS ON THERE BUT I THINK THEY TURNED MY PROBABLY 20 ITEMS ON THEIR 20 20, FIVE ITEMS ON THIS DISCLOSURE STATEMENT AND IT COVERS ALL CONDITIONS OF THE PROPERTY ALSO ADDRESSES SOIL EROSION, DRAINAGE STABILITY I MEAN DRAINAGE AND SOIL STABILITY UNDERGROUND PROBLEMS AFFECTING THE PROPERTY AND THEN JUST THE OTHER ZONING ISSUES AND THINGS LIKE THAT AS WELL.

[02:00:06]

>> LIKE I SAID, THE SELLER IS REQUIRED TO PROVIDE THIS UNDER STATE LAW.

THE BUYER SIGNS IT ACKNOWLEDGING THAT THEY'VE RECEIVED IT AND YOU KNOW YOU SHOULD ASK THESE QUESTIONS AND DO YOUR RESEARCH. ABSOLUTELY.

I SAID OUR CONTRACTS ALSO PROVIDE AND SUGGEST TO BUYERS THAT THEY SEEK PROFESSIONALS TO

DO THEIR RESEARCH ON THE PROPERTY. >> THANK YOU.

THANK YOU, ROB. WHAT'S THE PURPOSE OF HAVING IT RUN WITH THE DEED JUST I'M NOT TRYING TO RUN HER OFF. I JUST THIS IS A SIMILAR WE REQUIRE FOR THE ACRES KNOW WHEN SOMEBODY IS IN ONE OF THE NOISE . YES.

SO IT'S IT'S VERY SIMILAR LANGUAGE AND IT'S BASICALLY STATING SOMETHING THAT ALREADY EXISTS. I MEAN IT'S IN THE IN THE ZONE X SHADED BUT IN TERMS OF IT BEING RECORDED WITH THE DEED I COULD SEE VERY MUCH SEE WHERE THAT COULD BE PROBLEMATIC

ESPECIALLY WITH THE BANKING ASPECT OF IT. >> BUT WHAT GOOD I MEAN WHAT BENEFITS? I MEAN WHAT WHY I'VE RECORDED WITH THE DEED AND I'VE NEVER PICKED UP ON THIS BEFORE LIVING HERE. WELL I THINK AGAIN SO WHAT WOULD BE READILY AVAILABLE? I MEAN AGAIN MAYBE THE FIRST TIME THE RESEARCH IS DONE PEOPLE FAMILIAR WITH THE FEMA MAPS. BUT THIS WAS MENTIONED IN THE TITLE RESEARCH IS BEING DONE WHICH FREQUENTLY IS AND IT WOULD BE RIGHT THERE IN THE PUBLIC RECORD. THAT'S A LITTLE CONCERNING JUST BECAUSE SHE SAID YOU THE PEOPLE READING IT OUT OF CONTEXT. WELL, YOU KNOW, IN THE BANKING INDUSTRY I MEAN I CAN SEE WHERE

THAT LIKE BOOK FORMS IS A GOOD EXAMPLE. >> I'VE BEEN IN THAT EX ANDREA THERE ARE TWO ZONE ACCESS OF THE WHITE AREA ON THIS MAP AN EX THE ONE WHERE THIS APPLIES TO SO NEXT SHADED AND I I'M CONTOUR PRETTY MUCH FOLLOWS AND I'LL HAVE TO DOUBLE CHECK

BUT IT'S AROUND 12 FEET. >> SO I NEED TO CHECK BOTH FARMS AND SEE WHERE THAT LINE IS. I MEAN I'M NOT IT'S NOT MEANT TO APPLY TO PLACES THAT ARE 22 FEET ABOVE SEA LEVEL. IT'S MEANT TO APPLY TO PLACES THAT ARE BASICALLY JUST OUT

OF THE WELL. >> IT'S ON THE MAP. WHAT'S YOUR NAME AGAIN I'M FOLLOWING. MY OTHER QUESTION THAT I WANTED TO ASK YOU WAS IF THIS WAS INTRODUCED TO THE CLIENT AT SOME POINT, WHEN WOULD YOU ALL SEE THAT IT WOULD BE APPROPRIATE AT THE SAME TIME BEFORE THE CONTRACT IS SIGNED BECAUSE WE ARE DOING IT.

THE DISCLOSURE THAT IS REQUIRED BY THE. >> NO, I UNDERSTAND THAT.

BUT WE DID AND I COMPLETELY UNDERSTAND THAT AT CLOSING IS IS PROBABLY PROBLEMATIC.

BUT IF IT WERE A ONE PAGE FORM THAT YOU WERE DONE WITH YOUR CONTRACT PRIOR I MEAN IS THAT WOULD THAT BE LESS OBJECTIONABLE TO Y'ALL OR YOU GO BACK THAT NOT A TRANSACTION?

>> I UNDERSTAND THAT AND YOU'RE AND YOU'RE RIGHT. BUT MOST PEOPLE THAT DON'T HAVE

A REALTOR HAVE BETTER KNOWLEDGE OF WHAT THEY'RE BUYING REALLY. >> THERE'S A LOT OF FAITH THAT'S YOUR LOTS OF PEOPLE BUYING AND SELLING PROPERTIES. SURE.

ALL RIGHT. >> I KNOW IF WE HEAR ONE OTHER PUBLIC COMMENT TOO.

I JUST I WANT TO GET WE HAVE A COMMENT. >> YES.

IF YOU WANT TO HAVE I DON'T WANT TO CUT YOU OFF. NO, IT'S FINE.

>> JUST BACK TO JASON'S POINT. I THINK HE'S RIGHT. FIRST OF ALL, I THINK THIS WHOLE THING IS WAY OVERREACHED. IT'S OVERKILL. IT'S REDUNDANCY.

AND HERE JASON TELLS ME THE HOUSE. SO JASON FILLS OUT THE FORM AND EVERYTHING ELSE AND WE CLOSE ON THE HOUSE NOW THAT THE FORM THAT HE'S FILLS OUT GETS CARRIED OVER ON MY DEED. NOW I GO TO SELL THE HOUSE TO CAROLYN.

RIGHT. AND NOW I HAVE TO FILL OUT THE FORM.

THAT THING IS GOING TO SHOW UP ON HER TITLE SEARCH. RIGHT.

WHEN HER WHEN SHE DOES THE TITLE SEARCH THAT'S GOING TO SHOW UP.

[02:05:03]

ALL RIGHT. AND I'M SAYING I MEAN I'M AGAINST IT TO BEGIN WITH.

I DON'T THINK WE SHOULD EVEN BE DOING THIS BUT TO RECORD THE DEED MAKES ABSOLUTELY NO SENSE BECAUSE JASON HAD TO DO IT WHEN HE SOLD ME THE HOUSE. I HAVE TO DO IT WHEN I SELL CAROLYN HOUSE. BUT THE PROBLEM IS GOING TO HAPPEN IS THAT CAROLYN'S DOES.

DOES THE TITLE SEARCH AND THIS THING IS GONNA SHOW UP AND NOW SHE'S GOING TO HAVE A PROBLEM WITH HER BANK OR HER MORTGAGED AND WE'VE CREATED A PROBLEM WITH THAT THAT WOULDN'T HAVE EXIST THAT THERE'S NO REASON THAT IT HAD TO BE CREATED BECAUSE I HAVE TO CREATE THE SAME FORM THAT THAT JASON DID AND PRESENT. SO YOU KNOW, JUST THE WAY IT'S WRITTEN IT IT'S LIKE OVER REDUNDANT OVERKILL, OVERREACH ON THIS JUST LIKE THE NANNY STATE. I MEAN THIS IS THIS IS I THINK THIS IS WAY TOO WAY TOO MUCH.

IT'S ALREADY ESPECIALLY IF THIS WASN'T BEING DONE AND I KNEW THERE WAS SOME KIND OF REFORM GOING ON WHERE JANET EDUCATED ON IT THAT NOW I 28 ITEMS YOU KNOW, ALL RIGHT.

I MEAN I KNOW I DIDN'T JUST SAY THAT AS I SAID EARLIER THE COMMUNITY RATING SYSTEM THEY

LIKE REDUNDANCY GETTING MESSAGE OUT IS IMPORTANT. >> THE FLOOD INFORMATION ON THAT FORM THAT DISCLOSURE FORM IS VERY GENERAL DOESN'T TELL YOU WHAT YOUR FLOOD RISK IS.

THERE'S THE RISK THAT YOU WOULD HAVE THESE SPECIAL FLOOD HAZARD AREAS WHERE YOU HAVE TO BUY FEMA INSURANCE AND THERE'S THIS AREA THAT HAS A DIFFERENT TYPE OF RISK.

IT'S NOT AS GREAT BUT IT'S STILL THERE. AND THE MESSAGE WHERE WE WANT TO GET ACROSS IS JUST BECAUSE YOU'RE NOT IN THE AREA. THE THEME OF DEFIANCE AS YOU KNOW SPECIAL FLOOD HAZARD AREA THAT DOES NOT MEAN THAT THERE ARE NOT RISKS.

AND WE BELIEVE THAT THAT IS VALUABLE INFORMATION TO THE PROPERTY OWNER.

>> AND I AGREE THIS IS YOU KNOW THAT THE ACARS SYSTEM, THIS TYPE OF OUTREACH, YOU KNOW, GETTING THE MESSAGE OUT IN DIFFERENT WAYS IS SOMETHING THAT IS IMPORTANT, YOU KNOW,

BECAUSE I MEAN I 100 PERCENT AGREE WITH YOU IN THAT RESPECT. >> BUT NOT THROUGH THOSE TO TRAVEL WITH THE ISSUE OF THAT AND THE TIMING IN TERMS OF WHEN THIS HAPPENS I THINK SHOULD BE MORE FLEXIBLE. I THINK YOU SHOULD LET THE SELLER AND THE BUYER YOU OBVIOUSLY SOMETIME BEFORE CLOSING BUT NOT NECESSARILY AT THE CLOSING DATE BECAUSE THAT COULD CAUSE SOME PROBLEMS. I MEAN I FULLY SUPPORT IT OTHER THAN I THINK WE SHOULD BE A LITTLE BIT MORE FLEXIBLE WITH THE TIMING AND I REALLY DON'T FEEL LIKE IT SHOULD TRAVEL WITH WITH THE DEED BECAUSE I MEAN I JUST THINK THAT COULD CAUSE PROBLEMS UNINTENDED.

ALL RIGHT. CAN WE HAVE THE NEXT PUBLIC SPEAKER COME UP WITH DISCUSS THE PROS AND CONS OF THIS BACK AND FORTH? THANK YOU GUYS.

>> I AM A WAR COMMISSIONER. I AM JULIANNA SMITH. I AM THE SOUTH COAST PROJECT MANAGER FOR THE COASTAL CONSERVATION LEAGUE AND I'M HERE TONIGHT TO SUPPORT THE INTENT OF THIS ORDINANCE WHICH IS AN EDUCATIONAL TOOL TO LET PEOPLE KNOW THE RISKS OF WHERE

THEY LIVE. >> AND YOU ALL TALKED ABOUT THIS EARLIER DURING THE REZONING DISCUSSION. I BELIEVE CHAIRMAN PAPPAS, YOU SAID AND I QUOTE IT'S IMPORTANT FOR PEOPLE TO UNDERSTAND THE CIRCUMSTANCES THAT EXIST BEFORE.

>> NOW THIS I'M ADDING THIS CONTEXT BEFORE MOVING TO THAT AREA.

YOU ALL WERE VERY CONCERNED ABOUT THE NEIGHBORING PROPERTY THAT THE WOMAN WAS LOOKING AT

NEXT TO THAT WHERE SHE NEEDED THAT REZONING. >> SO I JUST WANT TO PUT THAT OUT THERE. THIS IS WHAT THIS AIMS TO ACHIEVE TO MAKE SURE PEOPLE

UNDERSTAND WHERE THEY'RE GOING TO. >> YES, THERE ARE ALREADY THINGS IN THE PROCESS THAT TRY TO ACHIEVE THIS AS WELL. AND YES, YOU COULD CALL IT REDUNDANT BUT AS ROB SAID FOR THE COMMUNITY SERVICE RATING REDUNDANCY IS IMPORTANT.

THIS MESSAGE NEEDS TO BE OUT THERE AS FREQUENTLY AS POSSIBLE .

>> JUST THIS PAST YEAR THE ISLAND PACKET HAD A FRONT PAGE ARTICLE ABOUT HOW BEAUFORT COUNTY IS AT THE HIGHEST RISK OF CUMULATIVE IMPACTS OF CLIMATE CHANGE THAN ANY

OTHER COUNTY IN THE UNITED STATES. >> WE SHOULDN'T JUST IGNORE THAT. NOW IT'S NOT STOPPING PEOPLE FROM MOVING HERE.

RIGHT. WE'VE GOT LOTS AND LOTS OF NEW NEIGHBORS LAST YEAR BUT WE DO WANT TO MAKE SURE THAT THEY ARE EMPOWERED AND WELL EDUCATED AND BETTER INFORMED SO THAT THEY

CAN MAKE THE RIGHT DECISIONS WITH THEIR PROPERTIES. >> THEY ARE PURSUING.

>> IT'LL HELP THEM BE BETTER ADAPTED TO THE IMPACTS OF CLIMATE CHANGE IF THEY KNOW

WHAT'S COMING. >> IF THEY KNOW WHAT'S ANTICIPATED.

I ALSO WANTED TO TALK ABOUT HOW JUST THESE PAST SIX WEEKS WE'VE EXPERIENCED TWO TROPICAL STORMS

. >> THAT'S A PRETTY UNUSUAL FREQUENCY IN THE FIRST SIX

WEEKS OF A HURRICANE. >> IT'S EVIDENCE THAT THINGS ARE CHANGING.

>> FLOODING IS GOING TO GET WORSE. >> AND IT'S IMPORTANT THAT WE ACT SOONER RATHER THAN LATER DELAYING PREPARATION IS NEVER A SMART CHOICE.

[02:10:06]

>> AND THIS IS A VERY SIMPLE DISCLOSURE THAT ENCOURAGES FOLKS TO TAKE ACTION.

>> BE AWARE. >> SO IT'S REALLY, REALLY THE LEAST THAT WE CAN DO.

>> AND I JUST WANT TO MAKE SURE THAT I HAVE ALL OF THE POINTS BEFORE I WALK AWAY.

ONE OF THE THINGS THAT I WANTED TO SAY TO YOUR POINT IS THAT, YOU KNOW, MAYBE SOME OF THIS INFORMATION IS COMING THROUGH BECAUSE THE SELLER MIGHT NOT REVEAL IT.

>> RIGHT. BUT I THINK THAT WAS MENTIONED UP HERE.

THIS TAKES IT OUT OF THE HANDS OF THE SELLER BEING HONEST AND UPFRONT ABOUT THE CONDITIONS ON

THE GROUND BECAUSE IT'S RELYING ON A MAP BASED IN SCIENCE. >> SO YOUR AIDED YOUR SHADED ZONE X IS WHAT'S GOING TO TRIGGER THIS DISCLOSURE NOT THE SELLER NOT THE SELLERS EXPERIENCE NOT ANYBODY'S NECESSARILY DESIRES THIS IS OR FEELINGS RATHER AND THIS IS THE FACT THE FACT IS IT'S IN AN AREA THAT'S AT RISK AND THAT PEOPLE NEED TO KNOW ABOUT IT.

>> AND SO I JUST WILL LEAVE US WITH THAT AND I HOPE THAT YOU ALL CONSIDER ADOPTION AND I WOULD SAY BECAUSE REDUNDANCY IS IMPORTANT THAT MAYBE YOU MIGHT EVEN CONSIDER EXTENDING THIS OR EXPANDING THIS AND TO THE SPECIAL FLOOD HAZARD AREA AS WELL.

>> THAT E THE LOWERS SOME 100 YEAR FLOOD PLAIN. THANK TRILLION.

>> I KNOW YOU HAVE WORKED HARD BUT CAN I ASK YOU A QUESTION? SURE.

CLARIFYING QUESTION. >> IS THE DEBATING BALL? >> I DON'T HAVE TO ASK THE QUESTION. YOU KNOW WE DON'T SEEM TO HAVE A QUESTION.

YOU HAVE A RIGHT TO ASK CLARIFYING QUESTIONS. I'M ASKING HER A QUESTION OF WHETHER YOU THINK THAT IT BEING CARRIED WITH THE DEED IS IMPORTANT.

I THINK THAT FOR ME IT'S FOR THE LEAGUE THAT IT'S NOT 100 PERCENT NECESSARY.

IT HAS TO GO ALONG WITH THE DEED. I COULD SEE HOW IT COULD BE

HELPFUL FOR PEOPLE WHO ARE DOING THEIR RESEARCH. >> BUT IF THIS IS GOING TO BE PRESENTED REGARDLESS, I CAN SEE HOW IT DOESN'T NECESSARILY NEED TO BE THERE ABOUT THE TIMING.

>> IT IS. I MEAN AS LONG AS IT'S PRESENTED AT SOME POINT BEFORE THE CLOSING IS A DEFINITELY A CRIME. I'M JUST TRYING TO MAKE THIS WORK FOR EVERYBODY. I TOTALLY UNDERSTAND I DEFINITELY AGREE THAT AT

CLOSING I JUST WENT THROUGH THE PROCESS MYSELF. >> YOU ARE PRESENTED WITH A STACK OF PAPERS SOMEONE DOES GUIDE YOU THROUGH THOSE PAPERS BUT BY THE TIME YOU'RE DONE WITH IT AND YOU'RE POPPING THE BOTTLE OF CHAMPAGNE DO YOU REALLY REMEMBER WHAT YOU JUST WENT THROUGH OTHER THAN THE FACT YOU'VE GOT YOUR NEW HOUSE? I THINK IT WOULD BE IMPORTANT

TO HAVE BEEN EARLIER IN THE PROCESS IF POSSIBLE. >> IT WOULD BE NICE TO KNOW WHAT THE BEST TIMING IS IN MY MIND AS A PERSON WHO RECENTLY WENT THROUGH THAT PROCESS.

>> YOU WOULD PROBABLY WANT TO KNOW THIS OR BE BE PRESENTED WITH THIS MAYBE BEFORE GOING

INTO THE OFFERING SAGE BECAUSE I WOULD THINK SO. >> I WOULD THINK SO AS WELL.

THAT'S WHAT THEY DO WHEN THE PERSON GOES AND VISITS THE HOUSE THEY GET TO SEE THAT 28

POINTS THAT CHECKLIST. >> YES, RIGHT. WHEN YOU GO LOOKING TO USE CORNER IDEA CUTBACKS BEFORE YOU LOOK AT THE COURT YOU DON'T WANT TO FALL IN LOVE WITH THE HOUSE AND THEN SOMEBODY HAND YOU THIS PIECE OF PAPER. YOU'RE NOT GOING TO READ IT.

YOU ALREADY FELL IN LOVE WITH IT. RIGHT.

YOU'RE GOING TO BUY IT. YOU USED THE WORD RISK. I DON'T SEE RISK ANYWHERE IN HERE IN THIS LAW. I SEE THIS AS AN AREA OF MODERATE FLOOD HAZARD ENCOMPASSING THE LAND BETWEEN THE SPECIAL FLOOD AS AN AREA AND ZERO POINT TWO PERCENT ANNUAL CHANCE OR 500 YEAR FLOOD. AND IT GOES ON AND ON AND ON.

SO I TEND TO THAT POINT AS WELL. >> YOU KNOW THIS INFORMATION BEING PRESENTED AT THAT TIME WHEN YOU'RE SEEING THE HOUSE WHEN YOU HAVE THIS THIS LOWER ZONE BECAUSE I HAD TO REQUEST THIS EVERY TIME I LOOKED AT A HOUSE.

>> WHAT ELEVATION AM I? WHAT IS THIS PROPERTY? AND AT FIRST THOSE WERE THINGS THAT I HAD TO LOOK UP MYSELF. NOW NOT EVERYBODY IS GOING TO DO THAT.

>> I WORK FOR THE COASTAL CONSERVATION LEAGUE. FLOODING IS ONE OF THE FIRST THINGS ON OUR MINDS AND SO WE SHOULD BE A GOOD NEIGHBOR AND MAKE SURE WE'RE LETTING NEW FOLKS WHO ARE ARRIVING WHO ARE CHANGING PROPERTIES KNOW WHAT THEY'RE GETTING INTO.

>> SO THAT IS MY FEELING ON THAT THE LEAGUE'S FEELING ON THAT.

>> AND I AGREE WITH YOU THAT IT SOUNDS LIKE THE WHAT ARE YOU DOING IT? YES. AND REDUNDANCY IS IMPORTANT IN ORDER TO BRING DOWN THOSE INSURANCE RATE FOR THE COMMUNITY SERVICE RATING SYSTEM .

>> THANK YOU. JULIA, I HAVE A PROBLEM AT QUESTION FOR KEVIN .

>> KEVIN , IF YOU WENT TO CALLED UP REAL ESTATE AND ASKED THEM TO THIS IS WHAT YOU'RE LOOKING FOR AND YOU WENT INTO THE REAL ESTATE AND THEY SAID WELL I HAVE THREE PROPERTIES.

>> ONE OF THEM IS IN A POSSIBLE FLOOD. SO WOULD YOU STILL GO LOOK AT THAT PROPERTY? I MIGHT. DEPENDS WHAT YOU MEAN BY A POSSIBLE FLOOD ZONE. ALL RIGHT. THAT'S WHAT.

AND I WOULDN'T CALL MYSELF THE AVERAGE CONSUMER. WHAT I PUT A REAL ESTATE AGENT THROUGH WOULD I PUT A CAR DEAL THROUGH? MOST PEOPLE DON'T DESERVE.

[02:15:06]

OKAY. OSAMA BIN LADEN DIDN'T DESERVE WHAT I PUT THESE PEOPLE BUT THAT'S ALL YOU KNOW. YOU KNOW, WORLD DIFFERENT LIKE THE LADY SAID, SHE'S WORKED FOR CONSERVATION. THE FIRST THING I LOOKED WHEN I BOUGHT MY HOUSE IN BLUFFTON WAS THE ELEVATION AND WITH 37 FEET ABOVE SEA LEVEL. SO I'M DIFFERENT THAN THE AVERAGE PERSON. SO I WOULDN'T IT WOULDN'T BE FAIR WOULDN'T BE A FAIR COMPARISON. AND MY OF LOOK AT HER I LOOKED AT THE FLOOD PLAIN TOO.

RIGHT. AND I'M NOT IN A FLOOD PLAIN BUT I STILL BOUGHT FLOOD

INSURANCE. >> AHMED TYPE OF FLOODS JUST LIKE SECOND.

YOU KNOW, EVERYBODY HAS THE ABILITY TO BUY NO MATTER WHAT IS COMING UPON A BUYER TO SEEK OUT THEIR PROFESSIONALS TO GET RECOMMENDATIONS FROM THOSE PROFESSIONALS AS TO WHAT SOMEONE THEY'RE IN, WHAT ELEVATION THEY'RE IN. I CAN'T BELIEVE AN INSURANCE I WOULDN'T TRY TO SELL A FLOOD INSURANCE POLICY TO PURCHASE OR COMING INTO THIS AREA.

>> THANK YOU. ALL RIGHT. WE'RE AT THE POINT CONSIDERATION HERE A VERY GOOD DISCUSSION AMONGST OURSELVES AS APPROPRIATE UNLESS YOU FEEL YOU NEED MORE INFORMATION FROM ANY OF THE PUBLIC SPEAKERS ONLY. THE ONLY COMMENT I CAN OFFER AT THIS POINT MEASURES IS FOR ME THERE'S A DIFFERENCE BETWEEN SETTING A POLICY AND HOW THAT POLICY GETS ADMINISTERED BECAUSE IT'S IN THE ADMINISTRATION OF IT THAT IT'S IMPORTANT AND I THINK IN ANY CONSIDERATION IN THE ADMINISTRATION OF IT HOW IT'S CARRIED FOR WOULD SEEK TO ELIMINATE ANY HARM OR POTENTIAL HARM THAT MIGHT COME TO THE THE AFFLICTED THE PARTY WHO IS GETTING THIS INFORMATION. YOU KNOW, THIS IDEA OF CARRYING FORWARD WITH THE DEED BOTHERS ME A LITTLE BIT OR ANY OTHER HARM.

I MEAN WE'RE LOOKING HERE TO FORM A PUBLIC GOOD AND A PUBLIC NOTIFICATION AND A PUBLIC AWARENESS MAY NOT CHANGE ANYTHING BUT WE'RE ATTEMPTING TO DO THAT AND THAT'S MOVING US IN THE RIGHT DIRECTION. I WOULD HOPE WHATEVER WE DO IN AN ADMINISTRATION OF DOESN'T PUT A POTENTIAL PENALTY ON THE PARTY WHO IS GETTING THE INFORMATION BECAUSE IT'S GOING TO FOLLOW THEM INTERPRETED. AND THAT'S MY ONLY. SO I'M ONLY SENSITIVITY TO THIS ON THAT APPROVING THIS BY MY SENSITIVITY TO APPROVING THIS AND I DON'T AGREE WITH IT AND I'LL STATE THAT UPFRONT FOR FULL DISCLOSURE. BUT EVEN IF I DID IT'S WORTHLESS TO PRESENT THIS DOCUMENT AT A CLOSING. IT'S IT'S WORTHLESS.

HOW MANY PEOPLE ARE ACTUALLY GOING TO SET IT A CLOSING WITH THE DREAM HOUSE? THEY'RE THEIR LIFELONG DREAM AND ACTUALLY GOING TO CHANGE THEIR MIND.

IT I HATE TO SAY IT BUT UNLESS AND THE FREE MARKET HAS TOLD HOW THIS HAS TO BE DONE IS THE DISCLOSURE HAS TO BE WHEN YOU GO LOOK AT THE HOUSE. NOT NOT EIGHT WEEKS LATER AFTER YOU'VE GONE THROUGH CONTRACTS AND INSPECTIONS, LAWYERS AND TITLE SEARCHES AND CLOSINGS AND ALSO WHEN YOU STAND THERE OH BY THE WAY, BY THE WAY, YOU'VE GOT TO SIGN THIS HERE.

YOU REALIZE YOU'RE IN A 2 PERCENT MODERATE HAZARD ZONE HERE AND YOU HOW MANY PEOPLE ARE NOT GOING TO IT'S WORTHLESS . IT'S WORTHLESS.

IT'S IT'S IT'S NOT EVEN A PAPER TIGER AT THAT POINT AND WE SAY REDUNDANCY IS GOOD.

THIS IS NOT REDUNDANCY. THIS IS INSANITY. IT'S NOT REDUNDANCY.

SO ENOUGH SAID I SAID FAR TOO >> I HAD COMMENTS BEFORE WE TAKE A MOTION.

>> WELL, YES, I SUPPORT THIS DOCUMENT GOING FORWARD BUT I DON'T THINK IT'S SECURITY WITH THE DEED AND I DON'T THINK THAT WE SHOULD STATE THAT IT SHOULD BE SIGNED CLOSING.

I THINK IT SHOULD BE ABLE TO BE PRESENTED AT ANY TIME BEFORE CLOSING.

>> THINK IT SHOULD BE HAVE THE PROPERTY. >> YEAH WELL IT COULD BE UP TO THE SELLER AT SOME POINT BEFORE HE CAN CARE TO MAKE A MOTION PICTURE THAT WHEN THE SHARM WOULD SAY I HAVE A QUESTION BEFORE I MAKE GRAYSON I MEAN I THINK I FEEL SO MUCH CONSENSUS HERE. BUT WHAT I DON'T UNDERSTAND IS AS IT'S WRITTEN IT HAS TO GO WITH THE DEED. THAT'S SORT OF OUR ISSUE. I MEAN I THINK THAT LOTS OF PEOPLE FEEL LIKE THAT'S UNFAIR AND I'VE BEEN PERSUADED. I MEAN I UNDERSTAND THAT THAT WAS WHAT I TRIED TO GET AT. WHAT IS ENCUMBRANCE WHAT DID JANET MEAN BY ENCUMBRANCE? BUT ROB, IS THERE ANY WAY TO AFFECT THE GOOD PART OF WHAT YOU HAVE DESCRIBED HERE WITHOUT THE WHAT I WOULD CALL A NEGATIVE CONSEQUENCE OR MANY OTHERS OF IT RUNNING WITH THE

[02:20:01]

DEED, RUNNING WITH THE PROPERTY, SOMETHING YOU WERE WILLING TO LOOK INTO BECAUSE I TALKED TO LIBBY AND WE'RE NOT THAT LANGUAGE CAME FROM THE A CRUISE ORDINANCE WHICH MADE SENSE AND THAT WAS YOU KNOW, WE WORKED CAREFULLY WITH THE AIR STATION ON THAT ONE.

I DON'T KNOW THAT'S NECESSARY FOR THIS DISTRICT. AND SO THAT'S SOMETHING TO WORK WILLING TO LOOK INTO BECAUSE I THINK THAT THROUGH THE COURTS IS GETTING THAT POINT ACROSS

WHEN PROPERTY IS SOLD. >> IT'S NOT SOMETHING THAT THE PROPERTIES REGARDLESS ARE GOING TO BE THE COUNTY ADOPTS THIS DISTRICT THAT'S GOING TO BE IN THAT DISTRICT.

AND SO THE IMPORTANT PART JUSTICE IS DISCLOSURE. SO WE'RE WILLING TO LOOK INTO THAT AND I THINK THAT THAT'S SOMETHING THAT WE CAN CHANGE IN THIS LANGUAGE IF THAT'S A

STICKING POINT. >> AND I AGREE ALSO WITH THE TIRE.

>> YEAH. OKAY. WITH MAYBE I LOOKING AT THAT ALL IN AUGUST WITH THE OTHER ITEM AND OR WAS IT IS THERE A TIME IS IT TIME SENSITIVE?

>> I JUST I DON'T KNOW THAT IT'S YOU KNOW IF IF WE'RE ABLE TO MODIFY THIS IF THAT'S A CONDITION IF YOUR APPROVAL OK WE'RE WILLING TO LOOK INTO MAKING THOSE CHANGES BECAUSE WE SUSPECT THAT THAT SAME ISSUE WILL COME UP WHEN IT GOES TO NATURAL RESOURCES.

>> WELL, I THINK I CAN DO THAT. >> I CAN MAKE A MOTION IF YOU WOULD LIKE ME TO.

SURE. I JUST GO IT. SORRY.

WOULD YOU PUT THAT WHEN THE PROPERTY IS BEING SHOWN AS THE TIME SPAN?

>> I THINK THAT WE'RE GOING TO LOOK INTO WHAT THE BEST LANGUAGE WE DON'T WANT TO BE SO SPECIFIC, YOU KNOW BUT YOU KNOW THE SIMPLEST THING WOULD BE PRIOR TO CLOSING.

BUT YOU KNOW, POINT IS DO WE WANT TO DICTATE WHEN IN THE PROCESS WE ALLOW THAT UP TO THE

REALTOR? >> THAT'S SOMETHING. ANOTHER THING THAT WE'RE GOING TO DO SOME RESEARCH ON. BUT WE'LL TRY TO PICK THE BEST LIKE I SAID ON THE GOAL HERE IS TO PREVENT IT FROM GOING WITH THE DEED. WELL, THAT AND ALSO PREVENTING IT FROM BEING SOMETHING THAT IS PASSED ON TO THE BUYER AT THE MOMENT THAT THE PROPERTY IS

BEING TRANSFERRED. >> THE WAY I LOOK AT IT AS SOME PEOPLE WILL FALL IN LOVE WITH THE HOUSE AND IF THEY'VE GONE SO FAR WITH IT. AND THEN IF IT'S 30 DAYS LATER THEY'RE TOLD THIS THEY MIGHT STILL GO AHEAD AND BUY IT AND IGNORE WHAT THEY'VE BEEN TOLD.

THAT'S WHY I'M SAYING IT'S THE SOONER THE BETTER THAT THE BUYER KNOWS.

ALL RIGHT. YOU WANT TO MAKE YOUR MOTION OR DO WE HAVE ANOTHER GO MAKE A

MOTION. >> WE RECOMMEND THIS FOR APPROVAL CONDITIONALLY CONDITIONS MEANING THAT NOT MOVE FORWARD WITH THE NATURAL DEAL WITH THE DEED AND ALSO THAT BE PRESENTED AT ANY TIME BEFORE CLOSING AT THE DISCRETION OF THE SELLER.

>> SECOND FOR THAT WE HAVE THE SECOND A SECOND. >> ALL RIGHT, 20 SECONDS.

>> ALL RIGHT. ALL THOSE IN FAVOR OF THE MOTION IS STATED.

PLEASE RAISE YOUR HAND. ONE, TWO, THREE, FOUR OPPOSED UNOPPOSED TO 6 FOR 9.

>> THANK YOU. THANK. GOOD DISCUSSION.

[13. TEXT AMENDMENT TO ARTICLE 5 OF THE COMMUNITY DEVELOPMENT CODE ADDING A NEW DIVISION 5.13 TITLED “FILL STANDARDS” TO LIMIT THE AMOUNT OF FILL ON LOW‐LYING AREAS. ]

GREAT DISCUSSION. 1 FINAL ITEM. AND I'M HOPING THAT THIS WOULD GO A LITTLE QUICKER. THIS WAS THE SECOND ORDINANCE THAT WAS PRESENTED IN MARCH.

>> WE MADE SOME CHANGES TO IT THAT WE FELT IT WAS NECESSARY TO BRING BACK TO THE PLANNING COMMISSION. AND THIS IS THE ORDINANCE THAT LIMITS FILL IN LOW LYING AREAS.

THE MAJOR CHANGES THAT WE MADE TO THIS ORDINANCE AND I'M WILLING TO GO TO AS MUCH DETAIL IS AS YOU NEED WITH QUESTIONS. BUT I'LL RIGHT NOW FOCUS ON THE CHANGES THAT WERE MADE SINCE YOU LOOKED AT THIS IN MARCH. THE FIRST ONE IS THE DISTRICT THE AREA THAT THIS APPLIES TO WHEN YOU LOOKED AT IT BACK IN MARCH WAS SIMILAR TO THE COAST BRAZILIANS OVERLAY THAT IT WAS DEFINED BY 10 FEET ABOVE SEA LEVEL OR LOWER. AND WHAT WE'RE RECOMMEND IS THAT THIS COINCIDE WITH THE ZONE A THE FEMA MAPS. ONCE AGAIN WE FEEL A LOT MORE COMFORTABLE TYING IT INTO A MAP THAT HAS THE BACKING OF THE STUDY VERSUS PICKING A CONTOUR THAT SEEMS TO MAKE SENSE TO STAFF. BUT IT'S NOT AS DEFENSIBLE AND SO THAT'S ONE OF THE CHANGES THAT WE'RE MAKING IN SOME PARTS OF THE COUNTY AND MAY LOWER THE AREA WHERE THIS IS A REQUIREMENT. BUT FOR THE MOST PART THEY'RE

GENERALLY COINCIDE WITH EACH OTHER. >> THE OTHER CHANGE THAT WE

[02:25:02]

MADE IS THAT WE'RE PROVIDING THE EXEMPTION FOR SINGLE FAMILY DEVELOPMENT ON EXISTING LOTS OF RECORDS AND THE IDEA IS THAT REALLY THIS ORDINANCE THE PRIMARY TARGET IS LARGER SCALE COMMERCIAL DEVELOPMENTS IN LOW LYING AREAS WHERE A LOT FILL IS BEING BROUGHT INTO A SITE THAT BEGINS TO ALTER THE LANDSCAPE. WE DO REALIZE THAT THERE ARE THERE MAY BE ISOLATED INSTANCES INCIDENCES WHERE THIS TYPE OF RESTRICTION IS NECESSARY ON SINGLE FAMILY LOTS AND LOTS

OF RECORDS. >> BUT WE THINK THAT THERE'S GOING TO BE MORE UNINTENDED CONSEQUENCES COME OUT OF THIS THAN WHAT WE THINK WOULD BE THE BENEFIT.

SO WE ALSO BELIEVE THAT OTHER STANDARDS THAT THE COUNTY HAS ESPECIALLY WITH ITS STORMWATER BEST OR STORMWATER MANUAL ADDRESS FLOODING ISSUES IN STORMWATER THAT WOULD BE A CONCERN FOR A RESIDENTIAL PROPERTY. SO THOSE ARE REALLY THE TWO BIG CHANGES. IT WOULD STILL APPLY TO NEW RESIDENTIAL DEVELOPMENT.

SO IF YOU'RE PLANNING NEW PLOTS OR KNOW D.R. HORTON IS IS DEVELOPING NEW SUBDIVISION, THEY'RE GOING TO BE LIMITED TO THESE FILL RESTRICTIONS IN THE AREAS THE LOW LYING AREAS THAT ARE DEFINED IN HERE THAT WE'RE ACCEPTING THE EXISTING LOTS OF RECORD AND SINGLE FAMILY DEVELOPMENT ON THOSE SOMETHING THAT'S I'M WILLING TO ADDRESS ANY SPECIFICS ON THIS

ORDINANCE. >> BUT IT'S THE SAME OTHERWISE THAT YOU LOOKED BACK IN MARCH.

>> I THINK YOU'VE DONE A REALLY GOOD JOB WITH THIS PROCESS HAS BEEN DIFFICULT.

AND I THINK YOU'VE REALLY LOOKED OUT FOR A LOT OF PEOPLE THAT COULD HAVE BEEN AFFECTED