QJ Special Magistrate - May 28 2026

追加: 2026-05-30

[00:15:01]old man.

[00:15:26]Well, now you've got AI to take notes for you >> and it'll create a report.

[00:15:38]>> Yeah. Every doctor's office I have gone to in the last couple of months, they just they don't even tell you. There's a sign in the office that says this this visit will be recorded by AI and you have to actively tell them if you don't want it recorded.

[00:16:11]Right.

[00:16:13]>> Yeah. But I mean, are you reading every line of that form that you >> All right. Are we waiting on anybody else? Are we got everybody here for this one?

[00:16:36]Okay. Um, well, I've got 9:15. Everybody else have 9:15 on yours? Are you ready? All right, let's get started then. So, so good morning. We're here in Freeport for the Welton County quasi judicial hearings on major development order applications. Today is May 28, 2026.

[00:17:04]Um the item on the docket today is holiday and express um MJ25-000053.

[00:17:14]I'm Judge Van White, the special magistrate presiding. And if the parties are ready to make their appearances, you can do so at this time.

[00:17:25]Judge on the county record.

[00:17:33]>> Okay.

[00:17:35]Oh, that one.

[00:17:39]>> Do you need any of that repeated?

[00:17:41]>> Okay. All right. Thank you very much.

[00:17:46]All right. Now, this this one was originally presented I don't know, was it March?

[00:17:51]>> It was. Um so we we had done the entire presentation um and then realized at the last minute that this actually needed a bit of a redesign um so not major overhaul but enough that this ended up having to go back down to planning commission um to now be returned to this forum. So based on that, I think it would be since it did have to go down to planning commission. Um instead of this being treated as a continuence of the last hearing um at this point I it would be my expectation that we should treat this as a full new hearing. So >> easier on me for sure. All right then if you are ready to get started you may call your first witness. Um, Ayanna Reed.

[00:18:45]>> Welcome, Miss Reed.

[00:18:46]>> Thank you.

[00:18:47]>> You please raise your right hand. Do you swear or affirm the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

[00:18:53]>> I do.

[00:18:54]>> Thank you. And just spell your name for the record for me.

[00:18:57]>> First name is Ayana. A Y A N A. Last name Reed. Reed D.

[00:19:05]>> Miss Reed. Uh are you the project manager on on the Holiday and Express?

[00:19:10]>> Yes.

[00:19:12]>> Can you give us just a little bit of a brief introduction of exactly what is the request today?

[00:19:20]>> So the request is for the Holiday in Express. It's a major development order and the applicant is requesting to develop a hotel with 104 rooms and that includes 103 standard rooms um which would qualify as the commercial component under the zoning, one extended stay suite which would qualify under the residential component of the zoning and a public pock public pocket park which qualifies as the recreational component under the zoning.

[00:19:53]What's the future land use of this site?

[00:19:56]>> The future land use is mixed use.

[00:19:58]>> And what's the zoning category?

[00:20:00]>> Village mixed use.

[00:20:01]>> And what's the total acreage on the site?

[00:20:05]>> 2.57 plus or minus acres.

[00:20:12]>> M Reed, um let's let's talk about the process that we got to here. Um so when did this application come in?

[00:20:28]as far as the pre-application date or the date that it was deemed complete.

[00:20:32]>> The application when did it come in?

[00:20:35]>> So, the application date is September 16th, 2025.

[00:20:40]>> And what what was the first meeting that this went to in a public forum? Uh the first meeting was the technical review committee >> and did this uh get approval from the technical review committee?

[00:20:55]>> Yes, it did receive conditional approval to move forward.

[00:20:59]>> Have the conditions been met at this point to to continue forward to planning commission >> at the time? Yes.

[00:21:08]>> So then it went to planning commission.

[00:21:12]>> Yes. And what was the vote at that point?

[00:21:15]>> The vote at the time was >> vote was for an approval, recommendation for approval.

[00:21:36]>> So then this went to the ALJ previously.

[00:21:39]Is that correct?

[00:21:40]>> Correct.

[00:21:40]>> Okay. And at that point um there was there was um little bit of information that came out of perhaps needing some redesign. Is that right?

[00:21:54]>> Correct.

[00:21:55]>> What what was the deal with that?

[00:21:58]>> So at the last ALJ meeting um we were going through the process where the administrative law judge was eventually going to close the hearing. Um and then it was caught by staff that uh we were questioning the requirement under the village mixeduse zoning that um details the requirements for a recreational component, a recreation component, a residential component, and a commercial component. and that is how Walton County defines the requirement for a mixture of uses under the village mixeduse zoning code.

[00:22:42]With that being said, we thought that it would be best to request a continuence um to look at that piece a little bit deeper before allowing the applicant to move forward um with the uh proposed design that they had at the time.

[00:23:08]So then this went back down to planning commission. Is that right?

[00:23:12]>> Correct.

[00:23:13]>> And after some some redesign with additions to the site.

[00:23:18]>> Is that right?

[00:23:19]>> Yes.

[00:23:19]>> Okay. So what was the vote at that point with planning commission?

[00:23:23]It was a different vote from the previous planning commission hearing and the vote was approval with a vote of 3 to one.

[00:23:35]>> So the first time I went to planning commission it was a unanimous approval.

[00:23:39]>> Yes.

[00:23:40]>> And do you happen to have that date >> of the initial planning commission meeting? I was just trying to follow the timeline and >> the initial planning commission meeting was December 11th, 2025.

[00:23:57]>> What was the new planning commission date?

[00:24:00]>> The new planning commission date was May 14th, 2026.

[00:24:09]>> So now we're we're back before the administrative law judge. Is that correct?

[00:24:13]>> Today? Yes. Okay.

[00:24:16]Um, so looking at the site, we're we're talking about obviously we're saying Holiday in, so obviously there's we're talking about a um a hotel going in. Is that right?

[00:24:31]>> Yes.

[00:24:32]>> Um, what what is the the density allowed um in this zoning?

[00:24:42]density as far as a residential use >> the right >> because this is a commercial use so right density >> the floor area ratio right >> okay >> I'm misunderstanding can you repeat the question >> right so we don't have to talk about density is is essentially the point right >> right right because It's commercial and and the residential is only a piece of it, right?

[00:25:15]>> Yes.

[00:25:16]>> Okay. So now the the impervious surface ratio, what's what's the standard for for this area?

[00:25:26]>> 85% is allowed.

[00:25:28]>> And what what's the percentage they're going to be using?

[00:25:32]>> 65%.

[00:25:33]>> Okay. And the floor area ratio >> 200%.

[00:25:39]>> And what are they actually using?

[00:25:41]50%.

[00:25:43]>> Um, and what are the parking numbers that are required?

[00:25:49]>> So, as far as what they are proposing for this type of site based on square footage, um, we would require a maximum of 114 spaces, 14 114.4 spaces, which would include at least five ADA spaces. You said maximum, but do you mean minimum?

[00:26:12]>> Well, the minimum. Yes. The applicant can always add additional parking if needed as long as it doesn't impact uh storm water.

[00:26:19]>> Does their proposal meet those requirements?

[00:26:21]>> Yes, it does.

[00:26:23]>> Um, are there any wetlands located on site?

[00:26:30]>> There are. There is a minimal amount of wetlands on site.

[00:26:33]>> And will they be impacting any of those wetlands with their proposal?

[00:26:36]>> Yes.

[00:26:38]>> How much?

[00:26:39]of the 0.38 acres, they'll be impacting 0.18 acres.

[00:26:44]>> Is that allowed by the comp plan and and land development code?

[00:26:48]>> It is allowed.

[00:26:51]>> Um, so let's let's talk uh let's talk traffic for a second since we just talked about parking. Um, it are there any cross access easements um or or any other improvements that need to be done in order for this proposal to be allowed?

[00:27:08]Yes, believe there is a cross access in the southern part of the parcel.

[00:27:20]Yeah, if you look at the um conditions of approval letter I, a cross connection easement must be fully executed before the issuance of the final development order. So, at this point, it it can be approved by the administrative law judge and it can be approved by the the county commissioners, but that cross easement has to be done before the the development order is issued. Is that correct?

[00:27:44]>> Yes.

[00:27:44]>> Okay.

[00:27:46]>> Um All right. So, are there any other road improvements that need to be done in order for this to be allowed? The off-site road.

[00:27:57]>> Yes, I believe there. Let's see. Your engineers did speak to a turn lane.

[00:28:04]Yeah, right turn lane and interconnectivity to the parcel to the west. The stub out, also known as the cross access easement to connect for future development. Um, so yeah, there would be several improvements that would need to be made for this for the construction to proceed.

[00:28:22]>> And at this point, does that proposal encompass all of those things?

[00:28:26]>> Yes.

[00:28:28]Um, all right. So, let's let's move on to storm water since especially we're we're talking wetlands nearby. Um, what what does the storm water plan look like?

[00:28:45]>> What exactly do you mean?

[00:28:46]>> Are there wet retention ponds, dry retention ponds?

[00:28:52]>> Take a look at the site plan here.

[00:28:55]From what I recall, there's dry Hold Forgive me while I look through the staff report. That's typically something that does not fall within my purview.

[00:29:44]I heavily rely on our engineers for that. So, let me just take a look at the staff report.

[00:30:03]There is a drainage ditch that does discharge from the right of way.

[00:30:16]in the storm water.

[00:30:18]According to the storm water plan that the applicant provided, um the site is designed to attenuate the 25-y year and 100year and three-day critical events.

[00:30:32]>> And is that sufficient according to the engineer um as to the comprehensive plan and land development code? according to engineering and flood plane. Yes.

[00:30:44]>> So, well, you you also mentioned that there's there's a pocket park that's going to be located on the site.

[00:30:54]>> Yes.

[00:30:55]>> Where is that supposed to be located?

[00:30:58]>> That's going to be in the northeast corner of the site.

[00:31:07]in the northeast corner of the site.

[00:31:10]>> Um said, so I I want to make sure that we're clear. There's there are 116 parking places that that have been allotted for for the development.

[00:31:24]Are there are there any parking spaces that need to be specifically delineated or added to to accommodate that park? Or is the parking sufficient in what's provided?

[00:31:40]>> The parking is sufficient with what's provided.

[00:31:46]>> The the entire parking lot will be public parking opportunity.

[00:31:55]>> My understanding is that the parking lot is to specifically serve the guests of the hotel.

[00:32:04]As far as the parking being used for the public outside of guests for the hotel, I believe that's something that might be better directed to the applicant. Um, yeah.

[00:32:27]So, I guess just maybe we'll back up a second. So you you said that there has to be there's a residential component and a recreational component.

[00:32:37]>> Correct.

[00:32:37]>> Right. So is that something that's a requirement in this zoning district?

[00:32:44]>> It is.

[00:32:45]>> And what's the basis for those requirements?

[00:32:51]>> What do you mean by the basis?

[00:32:52]>> Is it the size of the lot that that says that you have to mix these uses?

[00:33:00]There is a special section um a special development standard within the village mixeduse zoning that requires a mixture of uses based on acreage. Um, and because this parcel was less than 3 acres according to the language in the code, um, it would require a mixture of uses, hence the commercial, residential, and, um, recreational component.

[00:33:28]>> And you said that in order to satisfy that residential component that that the applicant is planning to do one extended stay suite. Is that correct?

[00:33:38]>> Correct. That's how they're attempting to meet that standard. Is that is that common practice in Walton County to meet this mixtureofuse residential component standard?

[00:33:53]>> Well, historically we have treated it um in many different ways. Um, as far as the interpretation as to whether what the applicant is providing meets the intent of that, I believe that is a more that's more geared toward a legislative discussion and legal interpretation um as opposed to this space for a quasi judicial matter. But literally literally as I apply the code, um I believe that it does meet that intent.

[00:34:31]Even if historically sites that were approved as village mixed use um may not work out in theory, well may not work out in practice on the ground in the built environment.

[00:34:50]Has this historically been sufficient to satisfy that residential component in village mixed use?

[00:34:58]>> I do not know.

[00:34:59]>> Okay.

[00:35:12]>> Is is this site going to be served by um public sewer and water?

[00:35:19]Yes.

[00:35:23]>> Are there any other infrastructure work that needs to be done to accommodate this proposal?

[00:35:31]>> Most likely, yes. There's always things such as drainage, pipes, the typical things that would be needed to be accounted for um at the construction phase. Um, and typically all of those things will be addressed further at the pre-construction meeting after we issue our DO.

[00:35:56]>> Um, so you've prepared a staff report for for this project?

[00:36:00]>> Correct.

[00:36:02]Um, and is that staff report, is it a compilation really of multiple different reviewers throughout um, the county? And >> yes, >> and did you include any conditions for approval for this project?

[00:36:22]>> Yes, I did.

[00:36:23]>> Are those um within your staff report as well as within a proposed final order?

[00:36:28]>> Yes.

[00:36:30]I would like to move into evidence uh county's exhibit one which would be the staff report with insert and in public comment >> and I would also like to add for the record according to sheet sheet C301 there's dry pond storage answer your question from earlier >> all right so at this time I'm admitting county's exhibit one and while we're on the exhibits Um, I'm not seeing on the site plan at least that I see three pages of the site plan included in the docket materials today and I don't see where the um park is located.

[00:37:15]Is that on the site plan somewhere?

[00:37:17]>> It is on the site plan. Um, if you Let's see.

[00:37:23]Are you looking at exhibit five of the site plan? Five. Yeah.

[00:37:30]>> So, if you look to the norththeast corner and you see that elevated walkway that leads to >> a covered seating area, >> that's the park.

[00:37:44]>> Okay.

[00:37:46]the stone pad with picnic table for pocket park. Okay, >> correct.

[00:37:50]>> All right. Thank you.

[00:37:55]>> I have nothing further for Miss Reed at this point.

[00:38:00]>> All right. Did you want to call another witness?

[00:38:02]>> Yes, your honor. Uh, Mr. Curtis Smith, please.

[00:38:07]>> Welcome, Mr. Smith.

[00:38:17]Good morning. Curtis Smith with Nautilus Civil Engineers SMT.

[00:38:21]>> Please raise your right hand. Do you swear or affirm the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

[00:38:27]>> I do.

[00:38:27]>> Thank you. Right. You may proceed. Mr. >> Smith, uh, you are the engineer for this project. Is that correct? That >> is correct.

[00:38:34]>> So you you're working on behalf of the applicant at this point?

[00:38:37]>> I am. Yes. or I guess you t you are the applicant. You >> I I am also an authorized power of attorney. Uh sign they've signed that document for me to represent them on the project.

[00:38:50]>> Mr. Smith, uh you you have been qualified as an expert in this form previously as a civil engineer. Is that correct?

[00:38:57]>> Correct.

[00:38:58]>> Here we hear a little um Okay. Are there have we qualified you as an expert uh in any other areas?

[00:39:09]>> Uh traffic, storm water, general, civil engineering, >> honor, based on his previous authentication as uh or approval as an an engineer in these different areas, we'd ask that he he be again allowed to testify as an as a expert in all of those areas.

[00:39:30]>> Okay. Okay. So, he's being offered as an expert in civil engineering, traffic engineering, and storm water engineering.

[00:39:43]Yes, your honor. Civil, traffic, and storm water.

[00:39:46]>> All right. So, accepted.

[00:39:50]Mr. Smith. Um the Are you aware of the the exhibits that Miss Reed had attached to her stack report?

[00:40:00]>> Yes.

[00:40:00]>> Exhibit five. Is that your most recent um site plan?

[00:40:04]>> Yes. With the clouded pocket park on the northeast.

[00:40:09]>> Um I I'm going to I'm going to let you testify in a narrative for a second and then um I'll I'll probably ask you a few follow-up questions afterwards.

[00:40:20]So um I think we've covered specifically what the project is the uh the hotel I wanted to clarify what kind of led us here from the last meeting. So there was a very specific code section uh that was overlooked for the you know lack of a better way to put it that has been overlooked before. So it's not abnormal really for this to have happened. This code section was added in 20 uh December of 20 of 18 in Walton County. Um that is very specific to VMU where this section says village mixeduse.

[00:41:01]>> Let me let me just stop right there. So VMU means village mixeduse.

[00:41:04]>> Village mixeduse. Correct. So this section states village mixeduse projects over three acres in size must contain a mixture of uses including a residential and active or passive recreation with a rec residential component not exceeding 75% of the project area excluding vertical mixeduse building areas. New development projects on existing parcels designated VMU that are less than 3 acres as of June 13, 2014.

[00:41:31]the requirements for the mixture of uses may be waved for a single-use project except that and this was the language that was added then that was was overlooked except that in these cases residential density is limited to 8 units an acre and non-residential uses shall be limited to neighborhood commercial. So the neighborhood commercial is what is what put us on a pause there to say we can't wave the mixture of uses. we still have to retain them because hotel is not considered neighborhood commercial.

[00:42:01]Um to answer the question earlier about is has this been done before and accepted before? The answer to that is yes. We've for the same actual developer. Uh we had a project very similar to this down the road that had the mixture of uses. It had the same uh apartment. That one was called a manager's apartment extended stay. It's kind of the same thing. We agreed that that would also meet that mixture of use uh or that residential component and it also had a a pocket park just like this one does. So, this has been done before.

[00:42:36]>> What was the name of that project?

[00:42:38]>> That project uh it was called the Hunter Road Hotel.

[00:42:44]>> And and while I've interrupted you, um can you give me the site to that um section of the zoning code you were just reading from that requires the mix? is section 2.02.23 subsection G7.

[00:43:06]>> Thank you.

[00:43:10]>> Um and to elaborate more on that, other projects have done similar things. When there's storage facilities that aren't neighborhood commercial, they would they would do apartments, second floor apartments. Uh there's a there's a boat storage facility that did an apartment.

[00:43:24]There's a lumber yard that did a security quarters. You know, several examples of things that have met that re that residential component.

[00:43:35]Um so the parking provided, there was a question about parking provided um and if that can be used for the public park.

[00:43:44]The answer to that is yes, it can be. We are overparked by about two parking spaces here. Um really the intention of this park is probably more pedestrian in scale. There there is a vacant parcel to the east that has been purchased by a Mexican grocery market that we expect to be developed. We're crossconnected by pedestrian and vehicle to a a large um commercial facility to the west that can also utilize this. Um there is development there is multif family development to the north. Although there's a a creek crossing, there are some ways to to kind of get around that that could use this area as well, but uh there are parking spaces out beside it that also can be used. This this parking lot is not gated or anything. It's it's open and accessible to the public.

[00:44:37]Uh question on storm water earlier, just to clarify that this is actually a very intense storm water systems underground exfiltration.

[00:44:46]We went a little bit above and beyond on this because of the new state regulations on water quality. It actually drives a lot in a lot of cases now. So that we're meeting those flood attenuations far and beyond. We have a large excfiltration system underground that's meeting the one year through the 100year storm attenuation and all events up through the 3-day. uh we look at different time steps of 1 hour, two hour, 4 hour, different flood simulations and it exceeds all of those design criteria.

[00:45:21]We have uh done in the traffic study, we did a turn right turn lane warrant analysis uh and did find that a turn lane is warranted here. We looked at the adjacent cross connections along with the hotel u and just based on this particular section of 98 being so u heavy on traffic a right turn is warranted. We have had a pre-lication meeting with FDOT although we've not finished that permit. We will finish that permit uh before construction that that's typically required before a pre-construction meeting can be held.

[00:45:53]Um, we also have obtained the environmental resources permit for the wetland disturbance as well as the state storm water regulations. That permit is in hand.

[00:46:05]Um, the cross access easements are shown on the site plan. Uh, those have been collaborated with the neighbor property owners. The easements have been drafted.

[00:46:16]They've not been executed and recorded.

[00:46:18]Although we discussed earlier as a condition of development order, they will be recorded prior to the issuance.

[00:46:23]>> Can you tell me where they are on the on the site plan?

[00:46:27]>> Um on the front you will see on the site plan there's a 20 foot cross access easement. You'll see as you drive in right to the right the first aisle there there's a dotted line.

[00:46:39]>> It crosses through and it's hard to see the dotted line but it does continue west as well.

[00:46:50]And that's the only one >> correct.

[00:46:52]>> Okay. Thank you.

[00:46:55]>> We have sidewalk in the front in the DOT rightway. We also have what's not present on the 200 site plan, present on the C300 site plan. Uh there is a large covert that is being installed and it will be in a drainage easement for FDOT.

[00:47:14]We have a 15t drainage easement that kind of centers the site. The building and other storm water systems are are left out of that and that is specifically to drain the DOT right away through the site. It currently drains through that's why the wetland disturbances are there. That drainage ditch, it's a man-made ditch that was cut out. It's considered a wetland. So, we're replacing that with a much more hydraulically efficient cover.

[00:47:44]Um I think that's all I have in the narrative form of presentation. We have met all the aspects land development code and comprehensive plan on this uh given the issue we found and have have since corrected. So we're just asking to move on with the development order.

[00:48:00]>> Are does your proposal um comply with all setbacks and height requirements of the land development code and comprehensive plan for this? It does and the site data table on C200 provides a breakdown of each required and proposed component in terms of setbacks, height, those sorts of things.

[00:48:21]>> C200 uh do you know which exhibit that is in the is that the exhibit five that we have already discussed?

[00:48:32]>> I believe that's what you referred it to.

[00:48:35]I was able to follow him as the second sheet of exhibit five when when he was asking about the culvert or telling me about the culvert.

[00:48:45]>> So I I I hate to beat a dead horse, but obviously we're talking about a public park. Um so the the parking area for the um for the hotel, there's not going to be any kind of like private parking signs or something. So So that park will be accessible by the public.

[00:49:03]>> That's correct. It'll be an open parking lot as you typically see in a in a commercial such as this. It's not gated, no signage or anything anywhere that people from parking there.

[00:49:16]>> Um, and you've had an opportunity to review the proposed final order for this project. Is that correct?

[00:49:21]>> I have.

[00:49:22]>> And you at this point, you and your client consent to any of the conditions of approval that are contained within that?

[00:49:31]>> Yes.

[00:49:34]We we question the the uh cross access exhibits whether that should go at prior to CO instead of development order issuance, but since they're drafted, we can get them done before issuance. Not a problem.

[00:49:47]>> I don't have any other questions at this time.

[00:49:50]>> Thank you.

[00:49:54]>> Um Miss Davis, you did not offer Miss Reed as an expert in any field. Do you want to do that? I I know she's already testified, but we usually do. I know I've accepted her as an expert in the past. Did you want to offer as an expert today?

[00:50:09]>> Uh, no, your honor. I tried to steer away from um anything specific of of opinion testimony.

[00:50:15]>> Okay. All right, then. Um, at this point, I will open the public hearing uh for major development order MJ25-000053.

[00:50:30]many any members of the public that would like to speak on this matter?

[00:50:36]Seeing none, and I will note for the record that um it appears that we have only county employees and the applicants engineer present in the room. So, it doesn't appear that there is anyone who would like to speak. Um so, we will close the public hearing then. Um and I'll just ask if there's anything else um the county would like to present.

[00:50:59]Okay. All right. Well, thank you very much. We will adjourn.