Planning Board - Regular Meeting

The April 13th city panel city planning meeting  is now in order. Please take the role. Board   member Anderson present. Board member Cherry  present. Board member Barker here. Board member   Rich here. Chairman Debower here. Are there any  changes or deletions to the agenda? Mr. Chairman,   there there are no uh changes or deletions  to the agenda. I did just want to point out   for the record uh we were handing out some hard  copies for 407 Maple Avenue. That would be the uh item 6G. And there was um public comment up  provided uh to you earlier as well. You'll   see that um at your seats for the yach club  items. Those are going to be items 6E and six   F. I just wanted to make sure that um was stated  for the record. Are you referring to this? Yes,   ma'am. Thank you. Are there any announcements or  disclosures? I'll make one of my own. I am the   colonel commodor of the Sandy Bay Yach Club.  Um I don't have any fidicial uh interest in   any other class of membership of the yach club.  So, I'm free to participate for um council. So,   any other? All right. Uh do I have a motion to  approve the minutes for the March 9th planning   board meeting? Motion to approve. Second.  Motion to second. Please take role. Board   member Anderson. Yes. Board member Cherry. Yes.  Board member Barker. Yes. Board member Rich.   Yes. Chairman Newower. Yes. All right. I'll  now read the procedure which the board will   follow for quasi judicial hearings. One, public  hearing announce. Introduction of application   by staff. Two, exarty communication disclosure by  board members. Three, identification of applicant   affected parties that attend to participate in the  hearing. Affected parties that only intend to make  

a statement may do so at the public participation  part of the agenda. An affected party means any   person any day will suffer an adverse effect  to an interest protected or furthered by the   ELDC including interest related to health and  safety, police and fire protection service   systems, densities or intensities development,  transportation facilities, healthcare facilities,   equipment or services and environmental and  natural resources. The alleged adverse interests   may be shared in common with other members  of the community at large but must exceed   and degree the general interest and community  good shared by all persons. Now I'll turn over   to council to swear witnesses. Good afternoon. If  you are here to speak on any item today, the only   item that is not quasi judicial is going to be  item E. So if you're here on any other matter,   uh please stand now and raise your  right hand if you intend to speak. Mr. Herring, do you solemnly swear affirm the  testimony you'll give in these matters to be the   truth, the whole truth, and nothing but the truth?  Yes, sir. All right. When you come to the podium   when your item is announced, if you'd please state  your name and address for the record and that you   have been sworn. Thank you. We'll now begin with  request A. Request a case number PLN-2026-0756. It is a variance. The applicant is requesting a  variance from the setback regulations established   by section 104-26 residential one zoning district.  the setback. Uh they're requesting a three-foot   rear setback instead of the minimum 20 foot and  they a five foot side setback instead of the   minimum 7 foot. Um the owner and the applicant  is Herring Own Herring Companies Incorporated.   Address is 616 East Fourth Court. Um and staff  recommends approval. Thank you. Are there any   are any questions from board for staff? I have  questions. I went and saw it and I wasn't sure   in this property where it looks like there's two  lots that's being proposed and this one home is  

on two lots. So, is that two lots inside where  it's vacant and inside the there's a fence and   then there's another cleared lot. So, I wasn't  sure where where when you look at the fence   line if it's outside of this property or inside  this property. Good question. It's inside. So,   there's two homes. Yeah, this is for  staff and then we'll call you up when it's uh it's one lot with two homes on it. They were  separated by the fence, but they plan on um   demoing the fence, an existing shed that's there.  Um but for further information, I defer to the   applicant. So, the fence will go down. That's what  they have in the notes. Yes, ma'am. And so the two   empty lots are either side of the fence with the  sheds in the back on one lot. Yeah, it's one it's   one one lot. Two two homes being proposed. No,  the two homes exist and it's one lot already. The applicate cleared up. Is there any  other questions for staff? Would this   affect only the existing structures or does  it also apply to the any new structures?   Um I would believe it would only exist to the  the one existing structure. Okay. Any other   questions? All right. Is the applicant here  to speak on this item? Please go to podium and   state state your name. My first run. All right.  So I bought this property back in August and   um I guess in 1958 when the name and address for  the record have you been sworn? Okay. Yes. And   your name and address? of my address 616 East 4th  Court and your name? Mike Herring. Very good. All   right. Cool. So that's very formal. So um Okay. So  when I bought the property in August, um I didn't  

realize that when the houses were originally  built in 1958, there was a 5 foot setback. So   uh we needed additional 50 square feet um on the  existing home on the right, which is number 610,   uh to put in a laundry room. Um, and it's 13x4,  roughly 14x4. Um, so, uh, in order to do that, I   had to apply for the variance. So, it the laundry  room is not going to be that large, but to answer   your question, it will be on the interior of the  lot, not on the lot lines, not on the exterior. That answer question. There  any other questions? Thank   you. Is anyone else here to speak on this item? Seeing none. Do I have a motion? Motion to  approve. I'll second. Motion second. Please   take role. Board member Anderson. Yes. Board  member Cherry. No. Board member Barker. Yes. Board   member Rich. Yes. Chairman Newower. Yes. Motion  passes 41. Thank you. Request letter B. Request B   is case number ending in 0794. Um the applicant is  requesting a variance from the setback regulations   established by section 104-36.3 for neighborhood  residential zoning district. Um the applicant   is requesting a 45- ft front setback instead of  the maximum front setback of 20 ft. The owner is   Michael Mitchell. The applicant is Kevin Downing  and it's located at 1606 and 1608 East Ninth   Street. Thank you. Are there any questions from  the board for staff? I have a question. It when   I went and saw this property, it looks like the  home is um been roughed in. It's got the plumbing   um all in it. It's got the framing where the  concrete would go. So, my question is probably  

for staff. How did we get here? What's the process  that somebody would have been able to have the   framing where the concrete's going to go and  have it all plumbed? and then get to us. That's   a good question. So, a development order building  permit has been issued for this at this time. The   applicant actually started construction without  those necessary approvals from the city. Okay. So,   does this applicant have a contractor or is this  applicant building his or her own? I believe he   has a contractor. So, where's where's the  disconnect? How how did how were they able   to get this far? In other words, um sorry, what  do you how were they able to get this far? Yeah.   How I mean, why why are we getting an approval  for a variance for it's already been roughed and   it's been plumbed and everything? That might be  a good question for the for the applicant. Okay.   Yes. Okay. Any other questions? All right.  Is the applicant here to speak on this item? Please state your name and address for the record  if whether you're sworn in. Kevin Downing, 120   Royal Palm Boulevard, Panama City Beach. And yes,  I am sworn in. Okay. Thank you. Um to answer your   question, ma'am, it was a miscommunication between  my subcontractors and uh and myself. I said, "And   what role do you represent?" I'm the contractor.  You're the contractor. Okay. Thank you. So I said,   "Guys, we have to hold off for the variance to  go 45 ft and back to where?" And so they heard  

45 ft. Didn't hear hold off for the variance. And  uh so I didn't visit the site. There's no house,   the plumbing. Uh, so once we did visit it, he  said, "Hey, what are they doing?" I went over   there said, "Stop. What are you doing?" So it  looks roughed in. It still has to kind of be   done over again because we stopped it. Um, so it  was just a miscommunication. Told them to stop it.   We have to wait for this this day. And uh, they  just kept going. Misunderstood what I was telling   them about a variance. So, when you were planning  and doing your due diligence to build this home,   was it designed where it is now? And did that go  to the building department and or the planning   department as it exists now? Yes, ma'am. It did  go through both. And we had, like this gentleman   said, we have a a permit, but we had to stop. It  sounds like it was after after the actual somebody   some representing the contractor. No, we had not  issued a development order on this project. So,   you've not issued a development? We have not.  No. So, that's a real problem, right? Correct.   Yes. Like you're not supposed to build homes.  It's just dirt and pipe right now. We didn't go   any digging or nothing. They brought dirt in and  they put up what's called batter boards around   it. It can be moved within a matter of hours. Um,  so that's why I said just leave it there. I mean,   the the risk is on their end if they build it  in the wrong spot and then we don't approve it,   then they would have to move whatever's there.  Uh, and face whatever consequences that would  

be the case, right, Mike? That's right. Or that  Mike. No, either. Either one. So 40 45 is a lot.   I mean this is in the Millville neighborhood  planning area. I mean great work has been   with community engagement and lots of of thinking  went into designing what should be applicable and   um moving forward with the Millville community.  And so to now to say okay well you can have 45 ft.   That's that's a lot. It's actually 25 ft because  we're going from 20 feet where you're allowed.   That's our max. We want to move it back 25 ft. His  lot is over 210 ft deep. Um, and he's one of the   last two buildable lots. So, this policy went in  after all these homes were built, right? So, you   don't see them all fronting when the, you know,  looking down the street door to door to door. So,   it's kind of a little bit late and that's why  we're asking. I mean, if it was current and   they were all nice and even, I wouldn't be here.  Yeah. None of the neighbors houses are anywhere   near the the the new setback on they're all  they're all pretty close to what yours is. Do   Do you know how many feet past the neighbor to the  east that you guys are starting yours? I I think   it was somewhere in between zero and five feet.  Yeah, it was about seven feet. just so bathroom   windows didn't line up and back decks didn't line  up so you could sit on your deck and not see your   neighbor straight across. Okay. Um and if you  go the other way, they're even further back. So, is it the planning department's intention to  issue a development order for this? If a variance   is granted, if a variance is granted, yes. Okay.  So if a variance is not granted then they would  

have to amend their site plan to comply with the  setback standards in the neighborhood zone. Okay.   Thank you. Can I say something? Sure. Just say  your name. Name and address for the record and   what you can sort. Michael Mitchell606006 and608  East Nice Creek. I'm the owner of the property   and what happened was I was given some advice  not by him that you can start bringing in this   till you get your first inspection and once we  put the development plan in I didn't we didn't   know about the setback until we got feedback from  y'all department however you know I own all that   property right there my uncle stay right here  so I I got it even with his house and the next   house there's only two houses on that block. Mhm.  And then I own all the other lots right there. So   that's why I applied for this varant. I didn't  want to be sitting close up here and I got all   of this land right here that if I can at least get  even with them instead of sitting ahead of them.   Mhm. And that's why we stopped. Whatever it is,  I can get a bike and dig that up in five minutes.   Yeah. It could all be moved the second day. It's  there's nothing permanent. Yeah. It looked like it   was consistent with with the other homes. Yes. It  is. It's within a few feet of it. And thank you,   gentlemen. Is there anyone else here to speak  on this item? I see none. Do I have a motion?   Motion to approve. Second. Motion second. Please  take a role. Board member Anderson. Yes. Board   member Cherry. Yes. Board member Barker. Yes.  Board member Rich. Yes. Chairman Dubar. Yes.   Motion passes 5-0. Thank you. Request letter C.  Case number C is item ending in 0875. It is an   application type for a variance. The applicant  is requesting a variance from the setback  

regulations established by section 104-36.3 of  the neighborhood residential zoning district. The   applicant is requesting a 30-foot front setback  instead of the maximum front setback requirement   of 20 ft. The owner and applicant is Beverly  Jones and the property is located at 2204 East   8th Street. Thank you. Are there any uh questions  from board for the staff? This is just to correct   a nonconformity. Uh yes, the applicant came in  to actually return the the combined parcel to its   original lots of record and it's not meeting the  current um zoning regulations. And so, um, they'd   have to get the variance approved prior. Okay.  Any questions? Is that here to speak on this item? Chairman, I had a question. Probably staff. Go ahead.  Bring her up. Okay. Thanks. Please state your name and address for the record  and whether you've been supported, please. Hello,   my name is Beverly Jones. My address is 1620  Lincoln Avenue. I have my son Marcus Jones here   with me. He handled most of my business as far  as this house concerns. Okay. And have you been   sworn in? Were you sworn in earlier? No. Would  you raise your right hand for us, Lisa? Yes. Are   you going to speak too, sir? Yes. You solemnly  swear affirm the testimony you're about to give   to be the truth, the whole truth, and nothing but  the truth. I do. Thank you very much. Thank you.   I think we have a question for you and for andor  for staff. Yeah. So I when I went by this property   it looked like it was a relatively new home and  so it's kind of the same question. How did we get   here that a home is actually built and now it's  coming for a variance. I think here in Savannah,  

you can correct me if I'm wrong. They're trying  to take the lots back to the original lots of   record which means they're trying to split it.  Yes. Okay. So when we when somebody wants to   come in and split the lot and they're not  able to satisfy the setback requirements,   obviously we're not going to make them tear down  the home or, you know, modify the home. So the   the next best route is a variance. So that is  the approach that we take when people want to   split a lot and they're not able to satisfy the  setbacks, we we take them through the variance   process. So that's ultimately why why they're  here today. So yes, the home was built and at   the time it was in compliance and then now but now  they want to go back and take it back to lots of   records. So that is the way we remedy that. Okay.  Thank you. Any other questions? Thank you. Thank   you. Is there anyone else here to speak on this  item? Seeing none. Do I have a motion? Motion to   approve. Second. Motion second. Please take role.  Board member Anderson. Yes. Board member Cherry.   Yes. Board member Barker, yes. Board member Rich,  yes. Chairman Dubau, yes. Motion passes 5-0. Thank   you. Request letter D. Request D is case number  ending in 0716. Uh, the applicant is requesting a   variance from the setback regulations established  in section 104-36.3 for neighborhood residential.   Um, the applicant is requesting a 26 foot front  setback instead of the maximum front setback   requirement of 20 feet. The owner and applicant  is Thomas Zolo and it's located at 1210 Clay   Avenue. Thank you. Any questions from the board  for staff? Is the intent to match the existing   prop existing structure that's on the one parcel  uh with another building? Is that the intent? Um,   I think the home's already existing.  It's It's kind of similar to the last  

um request. They're trying to split the lot, but  they need to come into conformance first. Yeah,   I guess I was asking, are they intending to  build another house on the other lot and that   way they keep them? I believe so, but I we haven't  received any plans for single family. It was just   a lot split request and they weren't meeting the  front setback anymore because of the reasoning.   Thank you. That that would apply to the other  lot as well if we split it that way. Yeah. Did   they have to come for a variance for the second  lot if once it's split with the county or is it   the variance? I believe it stays with the parcel  ID. I would I'm sorry. I didn't So if they're if   splitting the lot, does the variance just apply to  the existing home or they they have to come to get   a second variance for the new lot if they wanted  to if it's if if they can't build it within the   parameters of the of the lot, they would have to  come back to us for a second. Yeah. This one only   relates to the what is the lot 15 uh parcel.  Okay. Yeah. This is a older home. It's been   there for a long time. That one's been there for  a while. Is that been here to speak on this item? Please state your name and address for the  record. And I'm Don Giles, 302 Wood Trail,   Panama City. I've been sworn in.  Thank you. Thomas Zolo 1210 Clay   Avenue and I've been sworn in. Thank  you. Anyone questions for that? Good. Well, that was easy. You  got off the hook easy. So,   thank you. Is anyone else  here to speak on this item? Please do have a motion. Ju just so I'm clear  when when we do that the lot split is going to be   in our zoning. Okay. Correct. From now okay just  checking and applicable to the only one lot. Yes.  

They would have to come back on any changes in  the right. All right. Do I have a motion? Motion   to approve. Second. A motion second. Please  take role. Board member Anderson. Yes. Board   member Cherry. Yes. Board member Barker. Yes.  Board member Rich. Yes. Chairman Nubar. Yes.   Motion passes 5 Z. Requests letter E. Um, this is  case number CPC PLN 2026830. It is a development   agreement with the San Andrews Bay Yach Club and  Bunkers Point Educational Foundation concerning   the properties at 218 Bunkers Cove Road and 212  Bunkers Cove Road. Um the uh the yacht club seeks   to enter into a development agreement with the  city for a 30-year term. staff has reviewed the   proposed agreement and find that it meets the  statutory requirements in section 163-3227 of   the Florida statutes and section 102-35 of  the Panama City Unified Land Development   Code. Staff also finds that the proposed  agreement is consistent with section 114-3 of   the Panama City Land Development Code concerning  historical non-conforming waterfront development. The U primary purpose of the development agreement  is to um um establish the manner in which the   yacht club will be redeveloped and even um how  aspects of the yacht club will be operated in   the future. uh with regards to um vehicle parking,  boat trailer parking, uh operation of the sailing   center, uh and even um expansions if allowed of of  uh docks and uh in the boat ramp in the future. Um  

I know there's a lot of moving parts of this. Um  this was actually before the this board several   months ago and uh we're coming back now that the  yacht club has had an opportunity to um engage   with the uh the neighbors um on a number of items.  Um I think one of them was the location of a of   the pool. If you notice in the site plan that's  attached to the development agreement, the pool,   which was previously proposed to be located near  the sailing center, is now going to be back on the   west or northwest side of the property, similar  in location to where it is to this today. Um,   but a little bit farther back from the road.  Um, I think there's some other um changes u   with with allowable parking and hours of parking.  Um, I believe unless y'all have any questions for   staff that um we have several people prepared to  give a uh presentation and also up update you on   um the latest um changes to the development  agreement. Thank you. There any questions for   staff before we ask the applicant to come forward?  Is the applicant here to speak on this item? Good afternoon. My name is Michael Wyn,  203 South Cove Lane, Panama City, Florida,   and I have been sworn in. I think uh Mr. Fuller  did an excellent job of outlining uh where a   number of my uh items are on this. When we were  last before this board, uh there were issues   uh that really centered on the core question of  whether or not what the Yach Club was attempting   to do following the destruction of its facility  in 2023 by fire was going to uh expand the burden  

upon the neighborhood uh in a manner that violated  uh its status under the ULDC and uh incorporated   uh ordinances. what we have here today and uh what  I'm going to go through with you all as it relates   to the development agreement is what I I think  is the the fruition of a substantial amount of   communication hard work uh on the part of a lot of  the parties who are sitted here seated here today   uh in an effort to allow for the yach club  uh to be able to be a good neighbor and a   continuing amenity for this community while not uh  affecting its neighbors in a detrimental manner.   I'm proud to say that I believe that we have uh  achieved that consensus today. And what I'd like   to be able to do is walk you all through some  of the changes uh that were necessary to the   development agreement in order to reach what  we believe that consensus to be. Fortunately,   due to a printing issue at my office, I was unable  to have individual copies. However, uh I have   lovely pink tabs and would love to walk you guys  through some of the changes uh to the development   agreement uh and put them on the record so that  that way everybody understands what we're trying   to do to move forward. So for those of you who  have the development agreement in front of you,   yeah, one of the uh the first changes occurs at  page real quick. When you say the development   agreement in front of you, you mean the one that  was published with Yes, sir. That's correct. What   what I have done is created a red line against the  published development agreement that incorporates   uh a number of changes that were made uh that  address what I would describe as minor tweaks   to make sure that the language of the development  agreement uh adequately reflects the negotiations   of the parties involved. Okay. Just so so all  the board members are clear, there have been some   ongoing changes even up into the last, you know,  few hours. Um so what Mr. win is about to walk you   through are some changes that are compared against  what you've got. It's going to be different than  

what's in front of you. So, we need to listen to  that and then if we can get some copies, we'll   get some done real quick. But, um I'm in order not  to delay us, I'm going to let Mr. Win go ahead if   that's all right with the board. And what document  that we have that are you going to be referring   to? Yes, ma'am. You should have a document that's  entitled Sandrews Bay Yach Club development   agreement. one you got here that begins with the  development agreement is entered into this day.   Okay. Yes ma'am. Oh yes ma'am. Absolutely. So  the first change any other questions before I   move through the document. The page that you're  doing. Yes sir. First page first change occurs   on page three. The section begins with whereas  subsequent to and previously it said occasion. The   word occasion will be stricken and stated whereas  subse subsequent to the occasions described above   the owner has and continues to make a good faith  and successful effort to minimize any increase   in the burden caused by the sailing center as  a temporary clubhouse only during the design,   permitting and construction of the new clubhouse.  The reason for that change for purposes of the   board's understanding is to acknowledge the fact  that the yach club has at from time to time not   been the world's best neighbor and it has imposed  from time to time a burden on its neighbors and   we're trying to commemorate that and acknowledge  the changes we're making to address uh what has   occurred in the past. The next change occurs on  page uh four. This is a small change. You'll note   where it says now, therefore, what we did is we  instead of bunkers being possessive, bunkers is   uh we we removed the apostrophe there, but wanted  to clear that up. The next changes occur on page   five, little letter C. You'll see where I believe  in your document it says boil parcel. We've added   the addition of or boil property to avoid any  potential confusion. Moving along on page six,  

what will now become little letter Y is a new  section entitled special event. A special event   shall be defined as a discrete occasional  event that is not part of the property's   regular day-to-day operations. Special events are  distinct from routine recurring club activity and   are subject to the additional operational  limitations set forth in this agreement.   The next portion underneath there will be little  letters a much like with the boil property. This   would be to reference Stokes parcel as you see it  to now include Stokes parcel or Stokes property. Moving along to page 11. The section number  five is entitled sidewalks. There was   uh you'll note that the provision reads there  is currently no sidewalk along the yach club   side of Bunkers Cove Road and the city is not  requiring the owner to construct a sidewalk as   a condition of redevelopment. The city reserves  the right and it's the sole discretion and at its   own expense to construct a public sidewalk within  Bunkers Cove Road. right ofway in the future, but   neither the or the owner nor nor Bunker's Point  or its successors shall be obligated to install   uh let's see sh or pay for any such sidewalk.  The word not was inadvertently put in there   which creates a double negative. The word  not is being stricken from that paragraph. Moving along to page 14, subsection three,  which is I think is where a lot of our uh   final comments are going to come from. Underneath  Stokes parcel limitations, some of you may have   heard us reference this as the sailing center  property, also known as the Stokes parcel. Your  

document contains a subsection A under three as  well as a subsection B. Subsection A is entitled   no expansion. Subsection B is entitled zoning  status of sailing center. What we realize is that   these two uh provisions become largely duplicitous  and so we have stricken the language of subsection   A and included A and B together to create new  letter A which would be no expansion and zoning   status of sailing center and it covers them both  in one paragraph. The next page we're going to   move to is page 15. Imperous surface. Imperous  surface will be edited to read as follows.   No additional imperous surface or semi-imperous  surface including but not limited to asphalt,   crushed as concrete, crushed concrete, gravel  shell or similar aggregate collectively referred   to as aggregate shall be installed on the Stokes  parcel except where reasonably necessary for safe   ingress, egress or code related accessibility of  the sailing center. No parking areas, storage or   expanded use areas shall be created through the  use of aggregate. This shall not prohibit addition   of the word occasional overflow vehicle parking on  grass and sand. So, as you'll see, what we did is   we struck out the language beginning with portion  and concluding with exhibit C in that section. Moving along to par page 17 under penalty  for extended overnight parking and towing.   What I'm going to do is read the language as it  will now be reddrafted. You'll have to forgive me.   My my ink really started kicking out here. Says,  "If a rig remains on the stoke parcel longer than   two consecutive nights, the owner shall charge  the associated member nightly a fee comparable  

to fees charged by private parking facilities  and collectible in the same manner as fees of   club services and dues. and one you or excuse  me and two use reasonable commercial efforts   to contact the associated member to seek removal  adding the language within 24 hours. If the owner   uh excuse me, if after adding the language 72  hours, the rig is not removed, the owner shall,   adding the language make all reasonable efforts  to have it commercially towed in the associated   members expense subject to compliance with  any applicable legal requirements for towing.   Moving down to uh sub paragraph six uh during  regata's ore adding the word special event is   the change that occurs there. Coming along on  page 18 there was a duplicatus heading under   sailing center restoration limitations. We  have stricken the duplication under subpar D.   There is the addition of little I little uh  three I's uh and shall say in no event shall   temporary facilities be used to expand  operational capacities or intensity. Moving along to page 20, events during  reconstruction under uh again that's section G on   page 20 going to read uh let's see here starting  at it starts with the word in addition on the   fourth line in addition striking the language any  portion of so it should read in addition an event   occurring after 9:30 p.m. and before 8:00 a.m.  shall be confined to the in to the interior of an   enclosed permanent structure or enclosed temporary  facility under the interim operations plan. The  

next section in change occurs under section six  local laws and policies on the uh what I would   call the second uh to last line. It should read uh  following the the word that says agreement we have   added the addition subject to all limitations  restrictions and conditions set forth herein. Moving along to uh duration of vested rights on uh  page 22 there's uh I believe it's the third make   that fourth line from the bottom there it should  say however all improvements adding the word   lawfully constructed pursuant to this agreement.  And then lastly, the two provisions uh that would   be added at the end of the document would be uh  which would begin on page 23, I believe, of your   docket would have little letter H, which would  state intent. This agreement is intended to define   but not expand any rights associated with the  property and any ambiguity shall be interpreted   in favor of historically limited use as opposed  to expansion of the baseline burden on the   neighboring properties. The exactly the next line  uh would be uh little letter I believe I uh which   would be discontinuence. If the non-conforming  use of the property is discontinued, abandoned,   or otherwise causes, excuse me, or otherwise  ceases pursuant to the provisions of section 114-3   of the ULDC of Panama City, Florida, the property  thereafter shall be subject to, pardon me,   uh, all requirements of the underlying zoning  district and no non-conforming rights shall be   deemed to continue. discontinued or abandoned  means the owner intentionally and voluntarily   foregoes further non-conforming use of the  property. I believe I may have missed one  

additional section as I'm thinking about because  Lord knows I've spent a lot of time pouring over   this. There are two sections in here where we  define nighttime activities. And to be clear,   the nighttime activities are to be from 9:30 p.m.  until 8:00 a.m. So to the extent that I didn't   catch one of those, there is that second change.  But what you can see here as we move through this   document is painstaking and substantive efforts to  ensure that we discuss not only what we're going   to build on the property, but how we're going  to use it and to make sure that it is used in   a manner that is feasible and does not burden  our neighbors or the area beyond the baseline   which has been established as set forth in this  agreement. We believe that this agreement is   uh again the fruition of a lot of efforts and we  believe it is due to be approved today. Thank you. Any questions for questions? Any questions for   the applicant? Is there any uh  else like to speak on the item? Good afternoon. Meredith Bush, 314 South  Balin Street, Sweet 108, Pensacola,   Florida 32502. Um, I was sworn, typically we're  not in Pensacola because we're attorneys. However,   uh, happy to to promise to tell the truth. You  may recall we were here several times before,   with concerns regarding the yach club's intention.  I do believe we've reached a point where we are in   agreement with the draft as amended by Mr. Wyn.  However, those changes um literally were made   and finalized as I drove over. So, we've been  assured that if this is approved by your board   um and is to go to city council on the 28th, there  will be no additional changes and if city council   at that time recommends any changes that it'll be  delayed. I'm not available on the 28th. My client,  

Mr. Hollingsworth, is not available on the 28th.  Um, you know, we were promised that it would not   be scheduled uh for appearance before you or the  city without full concurrence. Um, that didn't   happen, but here we are. We have agreed. Um,  you know, I do appreciate the hard work that   everyone's put in. I do appreciate the concessions  made uh to protect Mr. Hollingsworth's rights. Uh,   happy to take any questions. And again, you  know, I think at this point um you know,   with the assurance that everything referenced by  Mr. Wyn is in fact what's adopted or presented   uh for final vote, then then I think we're  good with it. Um my client is here. I don't   know if he wishes to say anything, but again,  we're happy to take questions. Any questions   for them? All right. Thank you. Anyone else  here that want to speak speak on this item? Seeing none, do I have a motion? Motion to  approve. Second. Motion second. Please take role.   Board member Anderson. Yes. Board member Cherry.  Yes. Board member Barker. Yes. Board member Rich.   Yes. Chairman Newower. I'll abstain. Got it.  Motion passes 40. Thank you. Request letter F. Request F is case number ending in 0176. It is  an application type for a major development.   The applicant is requesting to develop an  approximate 6,700 square ft recreational   clubhouse in the residential 1 R1 zoning district.  Any development activity that is not subject to   less than minor or minor development review  must request major development approval. The   owner of the property is St. Andrew Bay Yach  Club and Bunkers Point Educational Foundation   Incorporated. Applicant is Robert Carroll.  The property is located at 218 Bunkers Cove  

Road and 212 Bunkers Cove Road. Thank you.  Any questions from the board for staff? Is the applicant here to speak on this item? Michael Win 203 South Kane, Panama City,  Florida. Previously sworn in yet again. Um   again we are here uh this is the uh sorry  still thinking about the last one. This   this is the uh the major development uh that  would be as part and parcel of the agreement   uh that we just uh discussed. All the information  in the packet remains unchanged. Site plan   uh drawings renderings etc. Happy to answer  any questions about them. Uh but I believe   the packet and the information  submitted there speaks for itself. questions. Thank you. Is there any else here  to speak on this item? And just for the board's   um because this is subject to a development  agreement, but we do have the major development   order. You have two uh procedural matters  going on here. The development agreement,   which you just recommended approval to will  go to the city commission for their ultimate   approval. The major development order  only comes to this board for approval,   but they need both in order to proceed. And  so I'm going to request that if you find um   that you will approve the major development  order that it is conditioned upon the city   commission approving the development agreement  that you just recommended. Okay. So part of your   motion would be to if you so choose would be  to approve the major development order subject   to the condition that the city commission  approved the development agreement. Okay. A motion. Do you have a motion  with the caveat that this is   subject to the development agreement  being approved by the city on the   um April 28th meeting? Yes. Motion to approve  conditional of the development agreement being  

uh approved by the city commission.  Second. Motion second. Please take role. Board member Anderson. Yes. Board member  Cherry. Yes. Board member Barker. Yes.   Board member Rich. Yes. Chairman Newower.  Abstain. Motion pass has four zero. Thank   you. Request letter G. Yeah. Request G is case  number ending in 1029. It's in a request for a   major development. Um any development  activity that is not subject to less   than minor or minor development review.  Must request major development approval.   Um the owner is Watson Bayou Marina Partners  LLC and the applicant is Mandy O Reagan with   Ankor Consulting Engineering and Inspection  Inc. Um and it's located at 407 Maple Avenue. Are there any questions for Thank  you. There any questions for staff? Is the applicant here to  speak on this item? Thank you. Seth Chandler. Um, 407 Maple Avenue  and actually live in Tennessee. So,   do you need that address? I have  been sworn in, but uh, okay. Any questions for that? I did put a little packet  together for you to so you could just sort of get   an overview of what we're about. Yeah, thank  you. It's not It may not be important. I just   wasn't sure if you needed more detail. And if you  have a boat, we'd like to put it in one of these   new slips. We'll give you a special deal. No, we  won't. You have to pay full price. You can't do   that. No questions. Thank you. Is there anyone  else here to speak on this item? All right. We   do have our consultant here, the environmental  consultant in case I don't know if she was here  

before she was sworn in or not, but Bethany, no  other comments. Do I have a motion? Uh motion to   approve. Second. Motion second. Please take role.  Board member Anderson. Yes. Board member Cherry.   Yes. Board member Barker. Yes. Board member  Rich. Yes. Chairman Newower. Yes. Motion passes   by zero. Thank you. No non- actions. Uh this  brings us to the audience participation portion   of our agenda. Does anyone from the audience  wish to participate? Seeing none. Thank you.