Agenda
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Transcript
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[2:49]
>> good evening, planning.
[2:50]
>> ken hagan: good morning ask
[2:52]
welcome to the SEPTEMBER 12th,
[2:53]
2023, regularly scheduled land
[2:54]
use meeting of the hillsborough
[2:55]
county board of county
[2:56]
commissioners.
[2:56]
Would everyone please rise for
[2:59]
the pledge and invocation given
[3:01]
by our chaplain commissioner
[3:03]
cameron cepeda.
[3:04]
>> donna cameron cepeda: [Pledge
[3:17]
of allegiance]
[3:18]
Heavenly father, we acknowledge
[3:20]
you in all of our ways.
[3:21]
We thank you for your great love
[3:22]
for all of us.
[3:24]
We thank you for your mercy that
[3:26]
endures forever.
[3:27]
And this morning we pray for
[3:30]
special blessing for master
[3:32]
deputy paul alsoundry.
[3:34]
We just thank you that for his
[3:37]
many years of 26 years of
[3:40]
serving others, as he's about to
[3:41]
retire, we thank you for these
[3:43]
many years of protecting his
[3:45]
life, and we ask you to continue
[3:47]
protecting him and that he will
[3:50]
have a long and healthy life.
[3:52]
We pray for all the many others
[3:54]
that are retiring here in
[3:55]
hillsborough county this month.
[4:02]
We pray for paula adkins, gloria
[4:06]
steel, bethany smedly, connie
[4:10]
casauny, roger peon, leslie
[4:17]
hickland, marsha batista,
[4:18]
joaquin, and howard nipper.
[4:20]
We pray for a special blessing
[4:22]
that they will have a long and
[4:24]
healthy life full of joy, and we
[4:26]
just ask you for this bless this
[4:29]
meeting this morning and we
[4:31]
thank you in your holy name.
[4:34]
Amen.
[4:36]
>> ken hagan: thank you,
[4:37]
commissioner cameron cepeda.
[4:40]
MR. Grady, do you want to review
[4:41]
to the agenda?
[4:42]
>> good morning, commissioners.
[4:44]
brian grady, hillsborough county
[4:44]
development services.
[4:48]
First I will go over to changes
[4:49]
and adependm to
[4:52]
addendum to the
[4:52]
agenda.
[4:54]
The first addendum is on page 6
[4:58]
of the agenda, b 4 rezoning pd
[4:59]
23-0193.
[5:00]
Revised report has been added to
[5:03]
the backup adding condition 1 to
[5:04]
clarify the requested intent of
[5:06]
the changes to add a
[5:07]
clarification that is part of
[5:08]
this community residential
[5:08]
home.
[5:10]
It shall utilize the existing
[5:11]
structures indicated in the site
[5:12]
plan.
[5:13]
So that is change to condition 1
[5:15]
to memorialize what was shown in
[5:16]
the record as the intent for
[5:17]
this project.
[5:19]
Next change is on page 9 of the
[5:21]
agenda, item b 11, patterson
[5:23]
road residential pi number
[5:23]
5549.
[5:27]
This has been removed by -- from
[5:28]
consent by commissioner hagan
[5:30]
and commissioner wostal.
[5:31]
Item, third change is on page 13
[5:33]
of the agenda item f 3 rezoning
[5:35]
standard 23-0115.
[5:36]
Revised report has been added to
[5:38]
the backup correcting a
[5:39]
scrivener's error in the
[5:40]
application summary section of
[5:43]
the staff report to correctly
[5:44]
update the reference to the flu
[5:48]
category, which is res 20.
[5:50]
It incorrectly showed that as
[5:50]
res 6.
[5:55]
That has been corrected to show
[5:57]
the res 6.
[6:01]
G1, pd 23-1090.
[6:04]
The applicant is requesting a
[6:06]
continuance to the NOVEMBER 2023
[6:07]
land use meeting.
[6:12]
Next change is b, 23-0210.
[6:14]
This applicant is requesting a
[6:16]
continuance to the
[6:17]
NOVEMBER 27th, 2023, board of
[6:17]
county commissioners land use
[6:18]
meeting.
[6:19]
And the next change is on page
[6:24]
15, item g 3 c, dri 23-0195.
[6:25]
The applicant is requesting a
[6:26]
continuance to the
[6:27]
NOVEMBER 7th, 2023, board of
[6:29]
county commissioners land use
[6:30]
meeting at 9:00 A.M.
[6:32]
Now I'll go through the
[6:33]
published withdrawals and
[6:34]
continuances beginning on page 3
[6:35]
of the agenda.
[6:38]
First item is a 1 rezoning pd
[6:39]
18-0996.
[6:40]
This is staff's requesting this
[6:43]
item to be continued to the
[6:44]
OCTOBER 10th, 2023, board of
[6:44]
county commissioners land use
[6:45]
meeting at 9:00 A.M.
[6:49]
Item a 2, prs 23-0136.
[6:50]
This application is being
[6:51]
continued by the applicant as a
[6:53]
matter of right to the
[6:53]
NOVEMBER 7th, 2023, board of
[6:54]
county commissioners land use
[6:55]
meeting at 9:00 A.M.
[6:59]
Item a 3, prs 23-299.
[7:01]
This application is out of order
[7:02]
to be heard and is being
[7:03]
continued to the OCTOBER 10th,
[7:03]
2023, board of county
[7:04]
commissioners land use meeting
[7:05]
at 9:00 A.M.
[7:08]
Item a 4, dri 23-0335.
[7:10]
This application is being
[7:11]
continued by the applicant as a
[7:14]
matter of right to the
[7:15]
NOVEMBER 27th, 2023, board of
[7:15]
county commissioners land use
[7:16]
meeting at 9:00 A.M.
[7:19]
Item a 5, prs 23-0372.
[7:22]
This application is being
[7:23]
continued by the applicant as a
[7:25]
matter of right to the
[7:26]
NOVEMBER 7th, 2023, board of
[7:27]
county commissioners land use
[7:28]
meeting at 9:00 A.M.
[7:34]
item a 6, this application is
[7:34]
out of order to be heard and is
[7:35]
being continued to the
[7:36]
OCTOBER 10th, 2023, board of
[7:37]
county commissioners land use
[7:38]
meeting at 9:00 A.M.
[7:43]
Item sarks avenue, special use
[7:45]
le 23-0498, this application is
[7:46]
being continued by the applicant
[7:48]
as a matter of right to the
[7:49]
OCTOBER 10th, 2023, board of
[7:49]
county commissioners land use
[7:51]
meeting at 9:00 A.M.
[7:54]
Item a 8, prs 23-0744.
[7:55]
This application is being
[7:56]
continued by the applicant as a
[7:58]
matter of right to the
[7:59]
OCTOBER 10th, 2023, board of
[7:59]
county commissioners land use
[8:02]
meeting at 9:00 A.M.
[8:05]
Item a 9, prs 23-0767.
[8:08]
This application is being
[8:10]
continued by the applicant as a
[8:12]
matter of right to the
[8:13]
OCTOBER 10th, 2023, board of
[8:14]
county commissioners land use
[8:15]
meeting at 9:00 A.M.
[8:18]
-- item a 11, rezoning pd
[8:18]
22-0075.
[8:19]
This application is out of order
[8:20]
to be heard and is being
[8:20]
continued to the OCTOBER 10th,
[8:21]
2023, board of county
[8:22]
commissioners land use meeting
[8:23]
alt 9:00 A.M.
[8:24]
9:00 A.M.
[8:28]
And item a 12, vacation petition
[8:28]
22-0019.
[8:29]
Staff is requesting this item be
[8:30]
continued by the
[8:31]
OCTOBER 10th, 2023, board of
[8:32]
county commissioners land use
[8:35]
meeting at 9:00 A.M.
[8:36]
That concludes all changes to
[8:37]
the agenda.
[8:37]
>> ken hagan: can we have a
[8:40]
motion to approve the changes?
[8:41]
>> gwen myers: move for
[8:41]
approval.
[8:42]
>> ken hagan: motion,
[8:42]
commissioner myers, second,
[8:43]
commissioner kemp.
[8:49]
Please record your vote.
[8:50]
>> motion carried 7-0.
[8:51]
>> ken hagan: can we have a
[8:51]
motion to approve the consent
[8:53]
with the exception of b 11,
[8:56]
which was pulled.
[8:58]
Motion by commissioner owen.
[9:01]
>> gwen myers: second.
[9:02]
>> ken hagan: second,
[9:04]
commissioner myers, to approve
[9:05]
the consent agenda.
[9:07]
Please record your vote.
[9:08]
>> motion carried 7-0.
[9:09]
>> ken hagan: if you're here for
[9:10]
a b item, your application has
[9:11]
been approved.
[9:12]
Before we hear b 11 I would like
[9:14]
to ask the clerk to administer
[9:16]
the oath, so if you're planning
[9:17]
on testifying today, please
[9:18]
stand and raise your right hand
[9:22]
so the clerk can swear you in.
[9:26]
[Swearing in]
[9:27]
>> I do.
[9:29]
>> thank you.
[9:30]
>> ken hagan: MR. Grady, do you
[9:46]
want to introduce b 11?
[9:47]
>> commissions, the first item
[9:50]
on the agenda is b 11, patterson
[9:54]
residential pa number 5549.
[9:57]
The applicant is to accept
[10:09]
accept the plat for recording
[10:11]
for patterson road
[10:12]
residential,lectomied in section
[10:15]
29 township 27 and range 17 and
[10:16]
grant permission to the
[10:17]
development review division of
[10:17]
development services department
[10:19]
to administratively accept the
[10:22]
improvement facilities for
[10:27]
maintenance upon completion.
[10:28]
>> ken hagan: is the applicant
[10:28]
here.
[10:30]
>> kami corbett on behalf of
[10:36]
will hard henderson ooon behalf
[10:37]
of --
[10:38]
>> I think what I would say to
[10:39]
the board, a plat is a
[10:40]
minspherule item.
[10:41]
Really what you're reviewing is
[10:42]
whether or not it complies with
[10:44]
the technical standards of these
[10:46]
florida statutes and your land
[10:47]
development code.
[10:48]
And your staff has found that it
[10:49]
does in fact comply with those
[10:51]
items and so therefore it's
[10:53]
really something that is
[10:53]
approvable.
[10:54]
We normally don't have a public
[10:56]
hearing on it.
[10:56]
I think the case law will
[10:58]
support that it's a ministerial
[10:59]
approval that you really don't
[11:04]
have to discretion to deny.
[11:05]
So that would be our position on
[11:06]
it, so we would respectfully
[11:07]
request that you approve it.
[11:08]
>> ken hagan: okay.
[11:10]
Thank you.
[11:12]
Commissioner wostal, you pulled
[11:12]
the item also.
[11:14]
Do you want to make comments
[11:15]
or?
[11:16]
>> joshua wostal: yeah, I just
[11:17]
wanted -- I want to learn more
[11:17]
about it.
[11:22]
I mean, to my understanding,
[11:26]
MR. Gormly, is this the, I know
[11:27]
that this is the plot of land
[11:28]
that the water pipes were being
[11:30]
ran through, right?
[11:32]
On the easements there?
[11:35]
>> this, this plat does have a
[11:36]
wastewater service to it, yes,
[11:39]
water and wastewater services.
[11:40]
>> joshua wostal: when I had
[11:41]
talked to you about this a
[11:44]
couple months ago, is this the
[11:46]
same issue where it seemed to
[11:48]
have been done in a different
[11:52]
way in the past where normally
[11:54]
the developer will come to an
[11:59]
agreement with the county and
[12:02]
accept accountability for the
[12:04]
costs of putting in this
[12:07]
infrastructure, it protects
[12:08]
them, but if not in this way,
[12:10]
did they do it with some type
[12:12]
of -- I'm just trying to
[12:13]
understand.
[12:15]
It seems this one was done in a
[12:16]
different way than past ones and
[12:17]
I want to be transparent about
[12:18]
if it was done differently why
[12:20]
it was done differently.
[12:22]
That way there is no confusion.
[12:24]
We have obviously been reached
[12:25]
out by the public on this
[12:26]
particular plot of lnd so if
[12:27]
you could clarify that
[12:28]
confusion, I would appreciate
[12:29]
it.
[12:30]
>> commissioner, you're
[12:31]
referencing the oversizing a
[12:34]
portion of the pipes?
[12:35]
>> joshua wostal: correct.
[12:37]
>> so there is a oversized
[12:40]
portion of the pipe that is
[12:43]
leading, I believe it's along
[12:45]
race track road.
[12:47]
That oversizing was done to
[12:49]
accommodate a future county
[12:52]
project with flows coming from a
[12:55]
wastewater treatment plant in
[12:57]
the north.
[13:00]
The project was reviewed and
[13:02]
approved for all the technical
[13:05]
standards associated with those
[13:06]
oversized pipes.
[13:07]
In past instances where there's
[13:10]
been an oversizing, the
[13:11]
applicant has pursued an
[13:13]
oversizing agreement with the
[13:15]
board to be reimbursed for the
[13:16]
additional cost of oversizing
[13:18]
those pipes.
[13:20]
The applicant has not pursued
[13:24]
that oversizing agreement, has
[13:26]
not pursued that oversizing
[13:26]
agreement.
[13:28]
Nonetheless, the pipes are being
[13:30]
installed in accordance with the
[13:33]
approved plans and are being
[13:34]
inspected and my understanding
[13:36]
that the applicant made the
[13:39]
conscious decision to proceed
[13:40]
with the development
[13:41]
notwithstanding not having
[13:43]
pursued a oversizing agreement.
[13:44]
>> joshua wostal: so then this
[13:45]
item doesn't have anything to do
[13:46]
with the oversizing agreement.
[13:51]
This is just --
[13:51]
>> correct.
[13:54]
This item would -- this item
[13:57]
would approve the final plat
[13:58]
which would create individual
[14:02]
lots and tracts within the
[14:02]
parcel.
[14:04]
It will grant the county staff
[14:08]
the authority to accept the
[14:09]
improvement facilities which
[14:11]
would include the water and
[14:13]
wastewater pipes once they're
[14:15]
completed provides a performance
[14:18]
security for the completion of
[14:19]
those improvements as well as a
[14:22]
warranty security for two years
[14:24]
to warrant -- to provide a
[14:26]
warranty against defects in
[14:28]
workmanship on the
[14:30]
infrastructure that the county's
[14:31]
accepting.
[14:32]
>> joshua wostal: okay and the,
[14:34]
my final, is the -- we have so
[14:35]
many different water projects
[14:37]
going on because of our growth,
[14:39]
so is, what's the need for this
[14:40]
wastewater facility?
[14:42]
Because is it, is this the one
[14:43]
that's outdated up in the
[14:45]
northwest part of the county?
[14:48]
>> I believe that yes, that the,
[14:51]
that there is a capacity
[14:52]
challenges, and I believe it's
[14:54]
the van dyke plant, and so there
[14:57]
is a longer-term plan to route
[14:58]
some of the flows that are
[15:02]
currently going to that plant to
[15:10]
the plant that's by advantis
[15:10]
ark.
[15:11]
>> joshua wostal: so is this or
[15:14]
is it not in layman's terms us
[15:16]
dealing with the oversizing
[15:16]
agreement?
[15:17]
>> there is nothing in this item
[15:18]
that deals with any
[15:19]
reimbursement for any of the
[15:20]
oversizing of the pipes.
[15:21]
It would --
[15:22]
>> joshua wostal: okay.
[15:25]
Thank you very much for that
[15:25]
clarification.
[15:26]
>> ken hagan: all right, thank
[15:26]
you.
[15:27]
I also pulled this item, and I
[15:32]
think the applicant is correct
[15:34]
when thee stated it is a -- she
[15:36]
stated it is a ministerial
[15:39]
action and we typically rubber
[15:41]
stamp plat approvals.
[15:42]
However, if you have been on the
[15:42]
board for a while you know this
[15:45]
has been anything but a typical
[15:46]
development.
[15:47]
There have been many, many
[15:49]
issues with this builder.
[15:51]
In my opinion they're just a bad
[15:55]
community partner, and I guess
[15:59]
question and there is litigation
[16:01]
between the neighbors and the
[16:02]
builder going on right now that
[16:06]
is set for mid-NOVEMBER.
[16:08]
So I think theoretically us
[16:09]
approving a plat today not
[16:11]
suggesting we deny it, but
[16:13]
approving it today would
[16:16]
theoretically result in a
[16:19]
reversal of some of the
[16:19]
improvements.
[16:21]
This could put unsuspecting home
[16:22]
buyers in a bad situation, so I
[16:23]
guess the question I got for
[16:25]
you, adam, is there anything
[16:28]
that prevents us from denying or
[16:29]
from delaying the plat
[16:31]
acceptance until the litigation
[16:33]
is resolved or what are your
[16:34]
thoughts on that?
[16:36]
>> well, first of all, I'll say
[16:39]
the applicant -- the plat is in
[16:42]
order to be accepted.
[16:44]
I would, I would agree with the
[16:46]
statement from the applicant
[16:48]
that there has not been any
[16:49]
defects or flaws identified in
[16:55]
the plat.
[17:02]
the, if the -- the language --
[17:05]
the approval is within the
[17:07]
board's purview to make that
[17:08]
motion.
[17:12]
There MAY be, you know, it MAY
[17:17]
potentially open up avenues that
[17:20]
of re-dress that the applicant
[17:22]
could seek, but the, you know,
[17:26]
it is the board's, you know,
[17:26]
prerogative.
[17:28]
It does need to be accepted by
[17:31]
the board prior to being
[17:35]
recorded as a complete final
[17:36]
plat.
[17:37]
>> ken hagan: okay.
[17:38]
Commissioner kemp.
[17:42]
>> pat kemp: thank you.
[17:43]
And I was thinking along the
[17:46]
same lines as you, commissioner
[17:47]
hagan.
[17:53]
This is a lawsuit with the trial
[17:57]
has been postponed twice, one I
[17:58]
guess because our main staff was
[18:01]
not able to, to intend at that
[18:03]
time and then just recently
[18:05]
postponed again because of the
[18:05]
hurricane.
[18:08]
So it won't be occurring until I
[18:10]
think NOVEMBER 13th to 15th
[18:17]
is what I read currently, and
[18:18]
like you, commissioner hagan, I
[18:20]
just don't feel comfortable even
[18:21]
though it is ministerial and
[18:23]
we -- I don't know of any other
[18:24]
time where we've got moved
[18:28]
something like this forward, but
[18:34]
this has been a continual issue
[18:35]
in particular with this
[18:38]
developer and violations of, you
[18:40]
know, repeatedly, and I just
[18:44]
don't feel comfortable moving it
[18:45]
ahead of the trial and a
[18:47]
decision from that.
[18:50]
I would rather continue it until
[18:54]
after that occurs.
[18:55]
>> ken hagan: okay.
[18:56]
>> pat kemp: I'll make a motion
[18:57]
to continue.
[18:58]
>> joshua wostal: second.
[18:59]
>> ken hagan: okay, commissioner
[18:59]
cohen.
[19:00]
>> harry cohen: I just really
[19:03]
agree with this line of thinking
[19:03]
that there
[19:05]
there is so much
[19:06]
unknown out there because this
[19:11]
trial is pending that we don't,
[19:14]
we don't have all the facts that
[19:15]
we need at this point.
[19:17]
So I agree with you.
[19:18]
>> ken hagan: commissioner
[19:19]
owen.
[19:20]
>> michael owen: yes, thank you,
[19:20]
MR. Chair.
[19:21]
I just need to know are you
[19:23]
supporting the motion, it's your
[19:24]
district, correct?
[19:25]
>> ken hagan: I'm wholeheartedly
[19:28]
supporting the motion.
[19:28]
>> michael owen: thank you.
[19:29]
>> ken hagan: we have a motion
[19:30]
to continue until after the
[19:31]
court rules on this issue by
[19:33]
commissioner kemp, second by
[19:36]
commissioner wostal.
[19:37]
>> commissioners, sorry,
[19:38]
DECEMBER 12th is the next land
[19:40]
use meeting following the
[19:42]
scheduled trial.
[19:43]
>> ken hagan: we'll continue to
[19:44]
that date.
[19:44]
All right, please record your
[19:49]
vote.
[19:51]
>> motion carried 7-0.
[19:52]
>> ken hagan: all right, thank
[19:55]
you.
[19:55]
MR. Grady.
[19:56]
Public hearing?
[19:58]
>> next agenda item is c 1, a
[20:01]
vacating petition by transit
[20:02]
development, includes --
[20:03]
homeowners association to vacate
[20:05]
a portion of two 10-foot wide
[20:06]
platted utility easements.
[20:10]
This is vacation petition
[20:12]
22-0009.
[20:15]
Carrie allen with real estate
[20:16]
services will provide
[20:16]
presentation.
[20:17]
>> ken hagan: good morning.
[20:20]
>> carrie allen, real estate
[20:22]
services department.
[20:24]
Vacate I.D. V-22-0009.
[20:26]
This is a petition by transcend
[20:30]
development corp and calusa
[20:32]
creek of hillsborough homeowners
[20:34]
association inc. To vacate two
[20:36]
portions of two 10-foot wide
[20:38]
platted public utility easements
[20:41]
lined within lots 71 and 134.
[20:42]
These are within the plat of
[20:45]
calusa creek recorded in plat
[20:47]
book 138 page 28.
[20:48]
The petitioners have submitted
[20:49]
this request to resolve the
[20:51]
encroachment of townhomes
[20:52]
constructed into portions of the
[20:54]
utility easements.
[20:55]
The proposed vacate area is
[20:59]
generally located south of balm
[21:01]
riverview road, north of boyette
[21:03]
road and east of highway 301 in
[21:04]
riverview.
[21:06]
The vacate areas consists of
[21:07]
approximately 17 square feet
[21:09]
within lot 71 and approximately
[21:14]
11 square feet within lot 134.
[21:15]
Reviewing departments, agencies,
[21:19]
and utility providers have
[21:19]
raised no objections to this
[21:19]
request.
[21:20]
Staff recommends approval of
[21:23]
this petition request.
[21:24]
>> ken hagan: all right, this is
[21:25]
a public hearing.
[21:26]
Would anyone like to speak to
[21:27]
this item?
[21:32]
Can we have a motion?
[21:32]
>> joshua wostal: move for
[21:33]
approval.
[21:34]
>> ken hagan: motion to approve,
[21:35]
commissioner wostal, second,
[21:36]
commissioner cohen.
[21:37]
No comments, please record your
[21:40]
vote.
[21:41]
>> motion carried 7-0.
[21:42]
>> ken hagan: all right.
[21:44]
Thank you.
[21:44]
MR. Grady.
[21:46]
>> the next item is agenda item
[21:49]
e 1, it's prv application
[21:50]
23-0510.
[21:51]
The applicant is wal-mart stores
[21:52]
east, lp.
[21:53]
This is a request for a minor
[21:54]
modification to existing planned
[21:56]
development located on the north
[21:58]
side of brandon boulevard, just
[22:00]
west of mount carmel road.
[22:03]
The request is for a minor
[22:04]
modification increase
[22:06]
development entitlements by
[22:12]
7,689 square feet and also to
[22:18]
amend the parking ratio 4.25
[22:20]
spaces per thousand to 3.98.
[22:22]
Staff is recommending aproval
[22:23]
subject to revised conditions
[22:27]
and we're available for any
[22:27]
questions.
[22:28]
>> ken hagan: thank you.
[22:34]
Is the applicant here?
[22:35]
Morning, sir.
[22:35]
>> ken hagan: good morning.
[22:37]
Yes, this is --
[22:40]
>> good morning, yes, this is a
[22:41]
project to decrease the --
[22:47]
>> can you identify yourself,
[22:47]
sir?
[22:49]
>> albert lopez with cph.
[22:53]
We're asking the pd modification
[22:56]
to decrease the parking ratio to
[22:57]
3.78.
[23:02]
We had an addition what's called
[23:06]
in the modern retail world an
[23:07]
ogp, online grocery pick-up.
[23:09]
It's going to be new service
[23:11]
that wal-mart, it's currently
[23:15]
offering to their customers
[23:16]
where they are storing
[23:18]
everything inside the store
[23:18]
now.
[23:19]
They need additional space to
[23:25]
store these groceries online
[23:26]
while the customers come pick
[23:26]
them up.
[23:30]
So this is an area just limited
[23:31]
to employees only.
[23:33]
They will just store those goods
[23:35]
for a little bit until the
[23:39]
customers comes, park their
[23:40]
cars, employees wil go directly
[23:47]
to their cars and unload the
[23:47]
goods.
[23:49]
Nord to meet this demand we have
[23:52]
designed 45 parking spaces for
[23:54]
those pickup.
[23:55]
We're just increasing the
[23:57]
existing parking spaces from
[23:59]
9.5 feet to 12-foot wide which
[24:02]
is then forcing the parking
[24:03]
reduction.
[24:03]
We
[24:04]
we had provided a parking
[24:06]
study to support the parking
[24:10]
ratio works with the demand of
[24:13]
the services and the demand of
[24:14]
amount of customers coming to
[24:16]
the stores still will be enough
[24:19]
to supply for those additional
[24:20]
customers not using the ogp
[24:23]
parking spaces.
[24:24]
There's also restriction on
[24:25]
square footage in the building
[24:27]
per the pd today.
[24:30]
There is available square
[24:32]
footage on other areas.
[24:33]
We are requesting a change
[24:35]
increase on the square footage
[24:37]
for this building to cover for
[24:44]
the additional building, and
[24:45]
parking study has been provided
[24:51]
just to support that.
[24:52]
>> ken hagan: thank you, sir.
[24:52]
This is a public hearing.
[24:54]
Ed with anyone like to speak to
[24:55]
this -- would anyone like to
[24:55]
speak to this item?
[24:57]
If not, can we have a motion?
[25:03]
Commissioner owen, I'm sorry.
[25:04]
>> michael owen: yes.
[25:05]
And MR. Gormly, transportation
[25:06]
doesn't have any issue with
[25:06]
this?
[25:09]
We run that by transportation?
[25:10]
>> no issue.
[25:11]
>> joshua wostal: commissioner
[25:12]
myers, we have shoppers who go
[25:12]
here in this district.
[25:14]
The only thing I would ask you
[25:17]
would add to it is more cash
[25:18]
cashiers.
[25:19]
I'm sick of self-check.
[25:20]
>> michael owen: it's here to
[25:21]
stay I think.
[25:22]
>> ken hagan: commissioner kemp,
[25:22]
do you want to make any
[25:23]
comments?
[25:23]
Okay.
[25:24]
We got a motion to approve,
[25:26]
commissioner owen, second,
[25:27]
commissioner kemp.
[25:28]
No more comments, please record
[25:39]
your vote.
[25:41]
>> motion carried 7-0.
[25:42]
>> ken hagan: MR. Gormly,
[25:46]
regular agenda.
[25:46]
>> next item, commissioners,
[25:47]
agenda item f 1, rezoning pd
[25:49]
22-01577.
[25:51]
This is a request for a parcel
[25:53]
1.41-acre parcel that is located
[25:57]
on the east side of 78th
[26:00]
street located between causeway
[26:00]
boulevard to the north and
[26:01]
progress boulevard to the
[26:01]
south.
[26:03]
The request is to rezone from
[26:05]
asc-1 to a planned development.
[26:06]
The planned development would
[26:07]
allow for one single-family home
[26:12]
and a contractor's office
[26:13]
approximately 5,548 square
[26:13]
feet.
[26:14]
As you will see it was not
[26:18]
recommended for approval by the
[26:20]
zoning hearing master, found
[26:21]
inconsistent by planning
[26:22]
commission and our staff was not
[26:23]
supportive.
[26:24]
Our support was primarily
[26:26]
related to a proposed reduction
[26:27]
in the buffer width along the
[26:29]
southern boundary which the code
[26:31]
required 20 feet and three feet
[26:32]
is being requested and a 10-foot
[26:33]
reduction is also being
[26:35]
requested on the northern
[26:37]
boundary of the parcel.
[26:38]
Staff's available for any
[26:39]
questions, thank you.
[26:40]
>> ken hagan: all right, thank
[26:40]
you.
[26:46]
Is the applicant here?
[27:04]
Good morning, sir.
[27:09]
>> MR. CHAIRMAN, commissioners,
[27:10]
todd pressman.
[27:15]
This is application 22-1577 for
[27:17]
247 ac and heat.
[27:17]
These are the company employees
[27:19]
here and the families that are
[27:21]
involved with the company.
[27:23]
It's in the greater palm river
[27:25]
area near causeway boulevard.
[27:26]
Property appraiser has it as
[27:29]
this piece of or this parcel
[27:29]
here.
[27:31]
Issue is that this is a small
[27:32]
business seeking to go to pd to
[27:35]
allow one residential unit and a
[27:37]
contractor's office with no
[27:38]
outside storagement their
[27:40]
operation is like a dispatch.
[27:42]
They come to the office, get
[27:43]
loaded up and they go for the
[27:44]
day.
[27:46]
This is a zoning plan where we
[27:48]
have a residential unit in the
[27:50]
front office in the back, about
[27:51]
20 parking spaces.
[27:56]
A lot of conditions which only
[27:57]
include interior storage for a
[27:58]
contractor's office.
[27:59]
The residential home remains
[28:00]
residential.
[28:01]
No freestanding or wall
[28:02]
signage.
[28:05]
Exterior of the structure in the
[28:06]
front will remain residential.
[28:08]
Opeg fence is required on all
[28:09]
sides of the property, including
[28:11]
the south.
[28:13]
All activity is to be interior,
[28:16]
and no active mechanical, ac or
[28:18]
heat repairs are done obsite.
[28:20]
They're done off site.
[28:21]
The goal is to look and sound
[28:22]
like a mixed professional
[28:22]
office.
[28:24]
You can see in the upper picture
[28:25]
how the residential unit looked
[28:26]
and the improvement that they've
[28:29]
done along 78th at this
[28:29]
point.
[28:31]
The actual business is very well
[28:32]
screened.
[28:32]
The buffer as you can see, you
[28:34]
can barely see it in two
[28:36]
pictures from 78th so it's
[28:38]
extremely well buffered.
[28:40]
Comp plan is res 9 which
[28:43]
includes commercial uses and
[28:43]
offices.
[28:45]
Under the zoning map, they're ci
[28:46]
and office commercial to the
[28:49]
north, to the south under pd is
[28:55]
a 7-eleven and cn uses.
[28:57]
78th itself carries 15,092
[28:58]
vehicles per day.
[28:59]
It's a very busy roadway, and
[29:01]
under the trip generation, it's
[29:04]
a very low amount of traffic.
[29:06]
The peak in the A.M. Is 9, peak
[29:07]
in the P.M. Is 10.
[29:09]
The site does have the test of
[29:10]
time as this type of activity
[29:12]
back in 1995 you can see the
[29:15]
main larger structure is there.
[29:18]
Has great buffering to the
[29:19]
north, we tried to get a holdf
[29:20]
that owner but he has been
[29:21]
unreachable.
[29:23]
It's a little bit of a property
[29:24]
that's been left to its own
[29:25]
devices, and critically,
[29:26]
commissioners, what you probably
[29:28]
didn't hear from your staff
[29:29]
report, the owner to the south
[29:31]
is in support and we have a
[29:33]
written letter of support from
[29:34]
him.
[29:35]
Large water body to the rear, so
[29:36]
you can see we're extremely
[29:39]
buffered, extremely screened all
[29:39]
the way around.
[29:40]
And that's the letter of no
[29:42]
opposition from owner next door
[29:44]
who has been great to work
[29:44]
with.
[29:45]
This is the property to the
[29:46]
north again we made efforts to
[29:49]
try and get ahold of them.
[29:50]
There is a variation supported
[29:53]
toot north in regard to a type b
[29:55]
screening, and to the south,
[29:58]
which would provide fencing and
[30:00]
some screening, I'm sorry, some
[30:01]
landscaping, and a variation if
[30:03]
the
[30:05]
for the driveway again in
[30:06]
concert with the property owner
[30:06]
next door.
[30:08]
Locational waiver has to do with
[30:09]
everything I've told you
[30:13]
already, which is the interior
[30:15]
use conditions, residential
[30:16]
character conditions, the great
[30:17]
buffering and screening I've
[30:20]
shown you already, and the
[30:21]
dispatch-like operation, how
[30:22]
they run this site.
[30:24]
Now, importantly, under the
[30:25]
greater river community plan,
[30:29]
this site is located in a mixed
[30:32]
use business professional office
[30:32]
area.
[30:34]
So specifically under the
[30:36]
community plan, we are in an
[30:39]
area that does support or does
[30:40]
direct use for are what's
[30:43]
proposed here.
[30:45]
And under that basis of the
[30:47]
78th street overlay district
[30:48]
specifically notes it's
[30:49]
appropriate to plan for the
[30:50]
transition of business and
[30:52]
professional offices.
[30:54]
Also under greater palm river
[30:57]
community plan improvements to
[30:59]
78th street are looked for,
[31:00]
which I've shown you they've
[31:01]
done a beautiful job on that
[31:03]
already, enhance the community
[31:04]
appearance and beautification,
[31:05]
and the vision of the greater
[31:07]
palm river area concept plan
[31:08]
illustrates the unique qualities
[31:10]
and land uses related to the
[31:12]
distinct areas of the
[31:13]
community.
[31:15]
See the future vision was
[31:18]
clearly laid out which we feel
[31:19]
that we meet.
[31:21]
Waiver 2 locational criteria is
[31:22]
based upon the elements I
[31:24]
presented to you for improved
[31:25]
compatibility and the overlay
[31:26]
use of 78th and again success
[31:27]
with the neighbor.
[31:29]
What it really boils down to,
[31:31]
commissioners, is that we feel
[31:33]
that we've done a really good
[31:34]
job on compatibility and not
[31:35]
speaking for the staffs.
[31:37]
They felt that perhaps we did
[31:39]
not do as well with
[31:39]
compatibility.
[31:41]
But I would sum this up in that
[31:44]
this started as a scwair peg in
[31:46]
a round -- square peg in a round
[31:47]
hole.
[31:48]
We worked very hard to whittle
[31:50]
that square peg into a really
[31:51]
nice round circle that fits
[31:52]
really nicely in the area.
[31:55]
And commissioners, we have cept
[32:00]
out, we've sent out five notices
[32:04]
plus the big yellow signs.
[32:06]
We have had zero, zero comments
[32:07]
from anyone in the public.
[32:10]
A total of 325 notice letters
[32:12]
we've sent, and not a single
[32:12]
complaint in fact we've had
[32:15]
support from the immediate
[32:17]
owner: and in regard to the
[32:20]
variations, even the zmh agrees
[32:21]
with some of the variations or
[32:23]
some of the criteria of the
[32:23]
variations.
[32:26]
So in summary, the conditions
[32:28]
were designed to make the site
[32:31]
compatible a a compatible as a
[32:32]
residential component is
[32:33]
included, along with the
[32:35]
buffering I've shown you, the
[32:36]
interior use.
[32:37]
The low trip generator we had
[32:39]
the test of time over a number
[32:40]
of decades.
[32:42]
The zoning changes have been
[32:44]
occurring in the area as I've
[32:45]
shown you, and we meet in our
[32:47]
opinion we meet the greater palm
[32:48]
river community plan.
[32:50]
With that, I would like to have
[32:52]
a few of the folks here to speak
[32:53]
in favor if I MAY,
[32:54]
MR. CHAIRMAN.
[32:56]
Thank you.
[32:57]
>> ken hagan: are these folks
[32:59]
part of the application or are
[33:01]
they just proponent testimony?
[33:02]
>> they're either applicant or
[33:03]
spoke or have letters in the
[33:04]
file.
[33:05]
>> ken hagan: okay, we can have
[33:07]
the applicant speak now and then
[33:07]
afterward we'll go to proponent
[33:09]
testimony.
[33:11]
Good morning, sir.
[33:12]
>> good morning, commissioners.
[33:17]
My name is chris eubank, I'm the
[33:18]
own fer
[33:22]
er of air 27
[33:26]
24/7.
[33:27]
One of the owners.
[33:29]
We have a lot of staff and
[33:30]
family part of the company and
[33:30]
part of this location.
[33:32]
We have been in business for
[33:33]
five years in the tampa bay area
[33:34]
serving many of customers for
[33:36]
their heating and cooling
[33:37]
needs.
[33:39]
The property we have done a ton
[33:43]
of work to the property to as
[33:45]
MR. Pressman said to screen it
[33:46]
and make it not look like any
[33:49]
type of business activity
[33:50]
happens there.
[33:53]
We do use it only for a dispatch
[33:54]
office.
[33:54]
So basically what happens is our
[33:57]
guys come in, basically get
[33:58]
their stuff and take off out of
[33:58]
there.
[34:00]
We don't park any vehicles
[34:02]
there, anything outside.
[34:04]
I think the property looks
[34:09]
fantastic as a whole: we are
[34:10]
asking for your assistance to
[34:12]
try to make this a possibility
[34:14]
because it'll be detrimental to
[34:16]
us if we don't get this type of
[34:20]
approval for this property.
[34:21]
Any questions you'd like to
[34:25]
ask?
[34:25]
>> ken hagan: no.
[34:26]
>> thank you.
[34:27]
>> no questions means you did
[34:27]
good.
[34:28]
Thank you.
[34:30]
So MR. CHAIRMAN, commissioners,
[34:33]
again, these are, this is the
[34:35]
family, 24/7 air conditioning
[34:36]
and heating.
[34:38]
They all came down here today.
[34:40]
I think probably it's a good
[34:41]
alternative for residents
[34:43]
slogging through the 120-degree
[34:44]
heat in attics and outside.
[34:45]
These are the guys on the
[34:47]
frontlines every day making sure
[34:49]
that everybody's staying cool
[34:50]
and everybody's getting response
[34:51]
in the hot summer.
[34:53]
So with that we appreciate your
[34:53]
consideration.
[34:54]
Thank you.
[34:58]
>> ken hagan: thank you.
[34:59]
Proponent testimony?
[35:09]
Anyone here in support of the
[35:09]
application?
[35:11]
>> hi, I'm sarah ford.
[35:13]
I am one of the employees that
[35:16]
works in the office for air
[35:16]
24/7.
[35:19]
And we're just here asking for
[35:19]
your help.
[35:21]
We have lot of families that
[35:26]
depend on us on the company for
[35:27]
11, and we do take care of lot
[35:28]
of ocustomers.
[35:30]
We've never had any complaints
[35:36]
at the location we're at.
[35:37]
Thank you.
[35:37]
>> ken hagan: thank you,
[35:42]
MS. Ford.
[35:43]
>> hi, I'm rich.
[35:44]
I actually lve on the
[35:45]
property.
[35:46]
i'm there 24 hours a day.
[35:48]
I live in the front house, and
[35:50]
like they've told you we've dup
[35:51]
done everything we can do to be
[35:53]
able to -- we have people who
[35:54]
actually come to apply for a job
[35:56]
and don't even know we're
[35:57]
there.
[35:58]
You can't see the building when
[35:59]
you drive down the road.
[36:01]
But we're again we're just here
[36:02]
asking for help to see if there
[36:03]
is any way that we can stay on
[36:05]
the property when they're saying
[36:07]
detrimental, we're, I don't even
[36:08]
know how we could survive
[36:11]
because we only pay like $1200 a
[36:12]
month where we're at now to try
[36:14]
to get into something like that
[36:19]
is a million dollars a month.
[36:21]
With the economy it is, it's a
[36:22]
lot worse and we're asking for
[36:23]
help any way possible.
[36:24]
>> ken hagan: if you could state
[36:24]
your name.
[36:28]
>> don richard nevels.
[36:29]
>> ken hagan: thank you, sir.
[36:29]
>> thank you.
[36:31]
>> I have one nervous nelly,
[36:32]
no?
[36:33]
Too nervous?
[36:34]
Okay.
[36:36]
You are intimidating her, she's
[36:38]
too nervous so we will pass on
[36:38]
her.
[36:39]
Thank you, MR. CHAIRMAN.
[36:39]
>> ken hagan: thank you.
[36:40]
Anyone in opposition to the
[36:41]
item?
[36:42]
All right, planning commission?
[36:44]
>> thank you, melissa lienhard,
[36:45]
planning commission staff.
[36:46]
The subject property is located
[36:48]
within the residential 9 future
[36:49]
land use category.
[36:51]
It is in the urban service area
[36:53]
and also located within the
[36:54]
limits of the greater palm river
[36:55]
community plan.
[36:58]
Future land use element policy
[36:59]
1.4 requires that all new
[37:00]
developments be compatible with
[37:02]
the surrounding area, noting
[37:04]
that compatibility does not mean
[37:06]
the same as, rather refers to
[37:07]
the sensitivity of development
[37:09]
proposals in maintaining the
[37:10]
character of existing
[37:11]
development.
[37:13]
The proposed development is not
[37:14]
compatible neither in scale with
[37:16]
the character of the area and
[37:17]
therefore does not meet the
[37:19]
intent of this policy.
[37:21]
Future land use element
[37:23]
objective 16 and its
[37:24]
accompanying policies refer to
[37:25]
the need to protect existing
[37:27]
neighborhoods and communities as
[37:29]
well as utilize gradual
[37:31]
transitions between uses.
[37:32]
To the north, east, and south is
[37:34]
the residential 9 future land
[37:36]
use category, and to the west is
[37:38]
the suburban mixed use 6, and to
[37:40]
the northwest and southwest is
[37:41]
residential 6.
[37:43]
The area is comprised mostly of
[37:45]
single-family residential.
[37:46]
The proposed contractor's office
[37:48]
would increase intensity in the
[37:50]
area and is not consider
[37:52]
adgradual transmission and is
[37:53]
therefore inconsistent with this
[37:55]
policy direction.
[37:56]
The property also does not meet
[37:58]
commercial locational criteria.
[38:00]
The closest qualifying
[38:01]
intersection is causeway
[38:03]
boulevard and 78th street,
[38:06]
which is over 3,700 linear feet
[38:07]
away from the subject property.
[38:09]
The required distance for this
[38:13]
future land use category is
[38:14]
1,000 feet.
[38:15]
A waiver has been requested.
[38:17]
However the applicant has failed
[38:18]
to submit any supporting
[38:20]
evidence on yiewk unique
[38:21]
circumstances that would support
[38:22]
a waiver to locational criteria
[38:23]
at this location.
[38:24]
Planning commission staff finds
[38:25]
this proposed commercial general
[38:27]
use too intensive for the area,
[38:29]
and the proposed mitigation is
[38:30]
not sufficient to mitigate the
[38:32]
potential impacts.
[38:33]
Therefore, planning commission
[38:34]
staff does not recommend
[38:35]
approval of the commercial
[38:37]
locational criteria waiver.
[38:39]
The greater palm river community
[38:40]
plan has a strong desire to
[38:42]
balance residential, commercial,
[38:43]
and other land uses.
[38:45]
The subject site is not located
[38:47]
in an area identified for
[38:48]
commercial uses.
[38:49]
The area is completely
[38:50]
surrounded by single-family
[38:51]
residential uses.
[38:53]
While the applicant proposes to
[38:55]
limit the business activity by
[38:57]
providing all operations indoors
[38:59]
and primarily function as a
[39:00]
dispatch office, this type of
[39:01]
use is too intensive to be
[39:04]
placed in a predominantly
[39:05]
residential area, especially one
[39:06]
not meeting commercial
[39:07]
locational criteria.
[39:09]
As such, the request is not
[39:10]
consistent with the vision of
[39:12]
the greater palm river community
[39:13]
plan, and based upon those
[39:14]
considerations, planning
[39:15]
commission staff finds the
[39:17]
proposed planned development
[39:19]
inconsistent with the
[39:20]
unincorporated hillsborough
[39:22]
county comprehensive plan.
[39:24]
Thank you.
[39:25]
>> ken hagan: hearsing master?
[39:26]
>> the hearing master considered
[39:27]
the applicant's request for
[39:31]
rezoning of the property to
[39:32]
planned development to allow the
[39:33]
existing single-family home and
[39:35]
to allow use of the existing
[39:37]
5,000 square foot building as a
[39:39]
contractor's office with an
[39:41]
enclosed storage area.
[39:43]
The applicant is requesting a pd
[39:45]
variation to the land
[39:47]
development code to reduce the
[39:49]
required 20-foot wide buffer
[39:51]
with type b screening along the
[39:53]
subject property's north
[39:55]
boundary to 10-foot wide buffer
[39:56]
with type a screening.
[39:58]
The applicant is also requesting
[40:03]
a pd variation to reduce the
[40:04]
required 20-foot buffer with
[40:07]
type b screening along the
[40:09]
subject property's south
[40:11]
boundary two and three-foot wide
[40:13]
buffer with type a screening.
[40:15]
The zhm also noted that the
[40:15]
applicant is requesting a
[40:17]
reduction of parking spaces
[40:20]
required from 30 parking spaces
[40:22]
to 20 total of which one would
[40:26]
be a handicap space.
[40:30]
While the swreerk did not object
[40:32]
to these requests for variations
[40:36]
and waivers, the zoning hearing
[40:38]
master did explain the
[40:39]
nonsupport recommendations filed
[40:42]
by planning commission staff and
[40:47]
the development services staff.
[40:48]
Ultimately the zoning hearing
[40:49]
master's request was for denial
[40:53]
of the application.
[40:54]
>> ken hagan: all right, thank
[40:54]
you.
[40:55]
Commissioner myers?
[40:58]
>> gwen myers: thank you,
[40:58]
MR. Chair.
[41:00]
First let me thank the employees
[41:03]
for coming down because it is
[41:05]
extremely hot right now, and I
[41:08]
know you all could be servicing
[41:12]
our residents with their ac unit
[41:12]
now.
[41:13]
One of the things I would like
[41:14]
for us to make an exception to
[41:17]
the rule when it comes to our
[41:18]
small business, small
[41:19]
businesses.
[41:23]
i know our plans really don't
[41:25]
address small businesses, and I
[41:27]
know we have three denials but
[41:33]
I'm going to make the motion for
[41:33]
approval.
[41:34]
>> second.
[41:34]
>> gwen myers: I'll stop there.
[41:35]
[Laughter]
[41:36]
Got a motion to approve,
[41:37]
commissioners myers,
[41:39]
commissioner kemp and wostal.
[41:43]
Commissioner cameron cepeda.
[41:44]
>> donna cameron cepeda: I just
[41:44]
seconded that one.
[41:46]
I'm in agreement.
[41:49]
Definitely in favor with the
[41:50]
applicant, and j us
[41:52]
are just
[41:53]
second that one.
[41:54]
>> ken hagan: thank you.
[41:54]
Commissioner kemp.
[41:59]
>> pat kemp: yes, I also fine
[42:00]
this to be -- honestly it's more
[42:02]
what I would like to see is the
[42:05]
mixed use.
[42:07]
It's a long, narrow lot.
[42:10]
The back of it would not be
[42:11]
being used for anything.
[42:13]
So it's not the best use of it,
[42:16]
but that it kind of grew organ
[42:16]
clee
[42:18]
organically here and I
[42:19]
just -- I had a question.
[42:21]
So right now I know the business
[42:23]
exists right now.
[42:25]
Is there 30 spaces now and
[42:29]
they're reducing to 20?
[42:31]
Can anyone answer that?
[42:34]
I thought I just heard that.
[42:53]
Was I --
[42:54]
>> commissioner.
[42:54]
>> pat kemp: maybe I heard it
[42:55]
wrong.
[42:57]
>> I'm sorry?
[42:58]
>> pat kemp: maybe I heard it
[42:59]
wrong.
[42:59]
>> we are asking for reduction
[43:00]
for parking.
[43:02]
Currently there is no delineated
[43:05]
spaces in the rear where 20
[43:06]
spaces will be added.
[43:07]
>> pat kemp: I see.
[43:08]
So you were -- you wanted to
[43:10]
have 30 spaces but you're
[43:11]
willing to reduce it to 20.
[43:13]
>> 20 in the back and 4 in the
[43:15]
front so it's 24, chris, total,
[43:16]
provided?
[43:23]
Total provided.
[43:28]
Yeah, 24 will be installed, yes,
[43:28]
ma'am,.
[43:29]
>> pat kemp: okay and I know
[43:30]
there is -- and I respect the
[43:34]
concern -- this isn't to do --
[43:36]
the analysis and appreciate the
[43:38]
analysis by staff and the
[43:42]
planning commission staff, and
[43:44]
the zoning hearing master in
[43:48]
looking at this but I've long
[43:51]
wondered and I know that staff
[43:54]
knows this about the commercial
[43:56]
criteria location and those
[43:57]
limits.
[44:00]
This does, you know, strike me
[44:05]
as an office with the, with an
[44:08]
intensity, and I know it we
[44:10]
talked about intensity.
[44:13]
But at that site on madison road
[44:17]
I believe is an we're I
[44:18]
this
[44:27]
just really strikes me as
[44:27]
appropriate.
[44:30]
So with that, I'm going to
[44:30]
approve.
[44:31]
>> ken hagan: thank you.
[44:31]
Commissioner wostal.
[44:32]
>> joshua wostal: I just wanted
[44:33]
to say when I got this briefing
[44:34]
I responded to MR. Gormly saying
[44:36]
oh, this is my dad, right?
[44:37]
This is exactly how my dad
[44:38]
works, and I appreciate
[44:39]
commissioner myers' support for
[44:41]
small businesses.
[44:42]
>> ken hagan: all right,
[44:43]
commissioner owen?
[44:45]
>> michael owen: thank you,
[44:46]
MR. CHAIRMAN.
[44:47]
And MS. Leinhard just to get
[44:49]
some perspective, the increase
[44:51]
in intensity is basically what's
[44:52]
already there, because it looks
[44:54]
like what we have here, and this
[44:56]
is partly for MR. Gormly too,
[44:58]
the structure was already
[44:59]
converted I guess in violation
[45:02]
of code, correct?
[45:03]
>> correct, understand the
[45:04]
structure has been converted in
[45:10]
use already, yes, sir.
[45:10]
>> michael owen: so that
[45:12]
increase in intensity I how the
[45:13]
property is already being used s
[45:14]
that safe to say.
[45:15]
>> yes, the way we evaluate
[45:16]
property is based on the
[45:17]
existing zoning, not based on
[45:20]
the existing use necessarily.
[45:23]
So the rezoning itself to match
[45:24]
what is already there is what's
[45:25]
being evaluated.
[45:26]
>> michael owen: understand,
[45:26]
yeah.
[45:28]
So we have a converted
[45:29]
structure, doesn't meet
[45:33]
locational criteria, and the
[45:34]
buffering because you're
[45:35]
supposed to have 20 feet on this
[45:36]
particular property, right?
[45:38]
So we'll be making an exception
[45:40]
there?
[45:42]
>> yes, the requirement is a
[45:44]
20-foot buffer on both the north
[45:45]
and the south and they have
[45:46]
asked for variance
[45:47]
requestiations to those.
[45:48]
>> michael owen: -- variations
[45:48]
to those.
[45:50]
>> michael owen: okay and I
[45:54]
weigh the zhm, planning
[45:55]
commission carefully.
[45:56]
I get concerned.
[46:00]
The one thing I weigh heavily is
[46:02]
the district commissioner, she
[46:02]
made the motion.
[46:04]
I do think we need to be cog
[46:05]
smiiant as a board on these type
[46:07]
of properties whenever someone
[46:09]
say jumps the gun and converts a
[46:10]
structure without following the
[46:10]
rules.
[46:11]
But I certainly don't want to
[46:14]
get in the way of small
[46:14]
business.
[46:15]
These folks -- there is no
[46:17]
opposition as well, so I will be
[46:18]
supporting the motion, thank
[46:18]
you.
[46:19]
>> ken hagan: all right.
[46:20]
We have a motion and a second.
[46:23]
Please record your vote.
[46:26]
>> motion carried 7-0.
[46:30]
>> ken hagan: thank you.
[46:31]
>> ken hagan: next item.
[46:32]
>> commissioners, the next item
[46:34]
is agenda item f 2 rezoning pd
[46:36]
22-1688.
[46:38]
The request is for a
[46:39]
modification to existing
[46:40]
zoning.
[46:41]
The property is located on the
[46:44]
east side of 23rd street
[46:45]
southeast north of college
[46:47]
avenue in the ruskin area.
[46:50]
The parcel is 2.62 acres, and
[46:53]
the request is to rezone from as
[46:55]
1 to a planned development to
[46:56]
accommodate professional
[46:57]
services and health
[46:59]
practitioner's office of 28,531
[47:01]
square feet.
[47:03]
Staff is recommending approval.
[47:04]
Planning commission found it
[47:05]
consistent and the hearing
[47:06]
officer is also recommending
[47:07]
approval and we're available for
[47:07]
any questions.
[47:08]
Thank you.
[47:08]
>> ken hagan: all right.
[47:24]
Is the applicant here?
[47:25]
>> thank you, commissioners.
[47:27]
Todd pressman, 200 second avenue
[47:29]
south number 451
[47:30]
st. Petersburg.
[47:33]
This is 22-1688.
[47:36]
Located in the ruskin area.
[47:39]
Right along college avenue.
[47:42]
Or close to college avenue on
[47:45]
24th street southeast
[47:47]
composessed of at least
[47:47]
parcels.
[47:51]
Issue is as-1 pd for 2.62 acres
[47:53]
more or less for health
[47:55]
practitioners offices.
[47:58]
Planning commission is
[47:59]
consistent.
[48:00]
Surrounding uses to the north
[48:01]
are tiny homes.
[48:03]
There's a metro ready mix
[48:05]
concrete plant on one side and a
[48:06]
mini grocery store a little bit
[48:07]
to the further south.
[48:09]
Future land use category is
[48:11]
smu-6 which provides for
[48:12]
suburban commercial offices,
[48:14]
research parks, light
[48:15]
industrial.
[48:17]
As you can see we have support
[48:19]
from all three of your
[48:20]
recommendations, so I'm going to
[48:22]
do a little bit more of a brief
[48:22]
presentation on this one.
[48:25]
The pd plan is for professional
[48:27]
services and health practitioner
[48:30]
services with five footprint
[48:31]
buildings.
[48:34]
This is a pd plan.
[48:38]
Along 24th is 12,540 vehicles
[48:41]
per day, operates at a level of
[48:42]
service c.
[48:43]
We have good buffering and
[48:44]
screening on the north and you
[48:45]
can see the natural screening
[48:47]
between the uses.
[48:49]
And the site abuts on the right
[48:52]
as what you see here.
[48:53]
Abutting to the rear and the
[48:56]
owner to the west is the cement
[48:58]
plant as I've shown you on the
[48:58]
aerial.
[48:59]
Development services note which
[49:02]
I think is important that the
[49:04]
proposed.24 far is
[49:07]
significantly under the.35
[49:09]
maximum far.
[49:11]
And notes the proposed uses are
[49:12]
less intense than the allowed
[49:14]
uses in the adjacent concrete
[49:15]
distribution plant.
[49:17]
Planning commission notes it's
[49:18]
compatible.
[49:19]
Proposed rezoning meets the
[49:21]
intent of the objectives.
[49:22]
It's a nice gradual transition
[49:24]
and consistent with the ruskin
[49:25]
community plan.
[49:27]
So with that we appreciate your
[49:28]
attention and consideration.
[49:30]
Thank you.
[49:32]
>> ken hagan: thank you.
[49:32]
-
[49:33]
anyone here in support of the
[49:35]
item?
[49:38]
Anyone in opposition?
[49:40]
Planning commission?
[49:40]
>> thank you.
[49:42]
For the record, melissa
[49:42]
lienhard, planning commission
[49:43]
staff.
[49:45]
The subject property is located
[49:46]
in the suburban mixed use 6
[49:47]
future land use category.
[49:50]
The site is located within the
[49:51]
urban service area and it is
[49:52]
also within the limits of the
[49:55]
ruskin community plan and the
[49:56]
southshore area-wide systems
[49:56]
plan.
[49:59]
The intent of the smu-6 future
[50:00]
land use category is to allow
[50:02]
for uses that are urban and
[50:04]
suburban in intensity and
[50:04]
density.
[50:06]
The applicant is requesting
[50:07]
28,000 square feet of
[50:09]
professional services and health
[50:10]
practitioner services.
[50:12]
Office uses and smu-6 are
[50:16]
limited to a.35 far and are
[50:17]
also not subject to commercial
[50:20]
locational criteria.
[50:22]
With 2.62 acres, the site can be
[50:24]
considered for up to 39,944
[50:26]
square feet of office uses.
[50:29]
The proposed 28,000 square feet
[50:31]
which calculates to a.24 far is
[50:33]
below the maximum that can be
[50:35]
considered in this category for
[50:36]
an area of this size.
[50:38]
Therefore, the request is
[50:39]
consistent with the type of
[50:41]
development planned for and
[50:43]
expected in the smu-6 future
[50:44]
land use category.
[50:46]
The proposed change, the
[50:47]
proposed change for office uses
[50:48]
is compatible with the existing
[50:51]
character of development in the
[50:53]
areas the current development
[50:54]
area contains other
[50:55]
nonresidential uses directly to
[50:59]
the east of the subject
[51:00]
property.
[51:01]
In addition the applicant is
[51:02]
meeting all buffering and
[51:02]
screening requirements which
[51:04]
will help mitigate the proposed
[51:05]
use from the existing mobile
[51:07]
home park to the north.
[51:09]
Rather than one large 28,000
[51:10]
square foot building the
[51:12]
applicant is proposing to break
[51:13]
up the square footinage to five
[51:14]
smaller buildings and each
[51:16]
building is limited to no more
[51:17]
than 20 feet in height.
[51:18]
This effort will help to keep
[51:19]
the proposed development in
[51:19]
scale with the surrounding
[51:20]
development consistent with
[51:23]
future land use element policy
[51:26]
1.4 relative to compatibility.
[51:27]
The proposed rezoning meets the
[51:29]
intent of the neighborhood
[51:30]
protection policies that modify
[51:32]
future land use element
[51:33]
objective 16.
[51:35]
The apapplicant is proposing a
[51:36]
20-foot buffer along the
[51:37]
northern boundary adjacent to
[51:38]
residential, which is consistent
[51:41]
with future land use element
[51:42]
policy 16.1.
[51:44]
The applicant is also proposing
[51:46]
complementary office uses with
[51:47]
transportation and pedestrian
[51:49]
connections to the south and
[51:51]
north, which is consistent with
[51:52]
policy 16.3.
[51:54]
The site is located external to
[51:54]
established and developing
[51:55]
neighborhoods which is
[51:58]
consistent with policy 16.5.
[51:59]
The proposed planned development
[52:01]
is also consistent with the
[52:02]
ruskin community plan which
[52:04]
seeks to provide opportunities
[52:05]
for business growth and jobs in
[52:07]
the ruskin community.
[52:11]
Specifically the community plan
[52:11]
envisions having appropriate
[52:13]
land uses zoned for office and
[52:14]
light industrial development.
[52:16]
The proposed office uses are
[52:17]
consistent with this vision.
[52:19]
Based upon these considerations,
[52:20]
planning commission staff finds
[52:22]
the proposed planned development
[52:24]
consistent with the
[52:24]
unincorporated hillsborough
[52:26]
county comprehensive plan
[52:27]
subject to the conditions
[52:27]
proposed by development
[52:28]
services.
[52:30]
Thank you.
[52:32]
>> ken hagan: hearing master?
[52:33]
>> the zoning hearing master
[52:34]
considered the proposed rezoning
[52:36]
of the subject property which
[52:40]
consists of approximately
[52:42]
2.62 acres and is designated
[52:44]
smu-6 on the future land use map
[52:49]
currently zoned as-1.
[52:51]
The general area surrounding the
[52:52]
subject property consists of a
[52:54]
mix of residential, commercial,
[52:57]
and manufacturing uses.
[52:59]
Adjacent properties include a
[53:01]
parcel zoned pd, zc and
[53:02]
developed as a tiny home
[53:04]
community to the north.
[53:06]
Property zoned m and developed
[53:08]
as a cement manufacturing plant
[53:11]
to the east and southeast.
[53:13]
And undeveloped parcels zoned
[53:14]
as-1 owned by the cement company
[53:16]
to the south and two parcels
[53:18]
zoned cg and developed as a
[53:20]
neighborhood grocery store and
[53:22]
barber shop further south.
[53:25]
as well as property zoned ar and
[53:26]
developed residential uses to
[53:30]
the west across southeast 24th
[53:30]
street.
[53:32]
Again, the applicant's request
[53:34]
is for rezoning of the property
[53:37]
to pd which would allow for
[53:39]
28,000 square feet of
[53:40]
professional service and health
[53:44]
practitioner's offices.
[53:46]
Development services department
[53:48]
staff found the proposed pd
[53:49]
rezoning to be compatible with
[53:50]
the surrounding properties and
[53:52]
in keeping with the general
[53:55]
development pattern of the area
[53:57]
and approvable subject to the
[53:58]
conditions proposed as you've
[54:02]
heard planning commission staff
[54:04]
has also found the proposed
[54:04]
rezoning would allow development
[54:08]
that is compatible with the
[54:10]
surrounding development pattern
[54:11]
and with the comprehensive
[54:13]
plan.
[54:14]
The zoning hearing master
[54:16]
therefore recommended approval.
[54:19]
>> ken hagan: commissioner
[54:19]
owen?
[54:20]
>> thank
[54:21]
>> michael owen: thank you,
[54:21]
MR. CHAIRMAN.
[54:22]
Yes, this is my district, and
[54:25]
I'm glad to see this project,
[54:27]
this is as south county
[54:28]
continues to grow we need more
[54:30]
health professionals in that
[54:30]
area.
[54:32]
My constituent that reached out,
[54:35]
MR. Gormly, there was an issue I
[54:39]
think on a drainage concern
[54:40]
that, but we've assured that
[54:41]
individual, right, that that's
[54:43]
something that we have to remedy
[54:45]
before we even get off the
[54:45]
ground.
[54:48]
So that has been, yeah.
[54:49]
>> yes, commissioner.
[54:50]
There is a drainage easement
[54:53]
across the site once the site is
[54:53]
developed.
[54:58]
It will go through a stormwater
[55:05]
review, and that the review will
[55:07]
ensure the impact.
[55:07]
>> michael owen: very good.
[55:10]
Move for approval.
[55:10]
>> joshua wostal: second.
[55:11]
>> ken hagan: we have a motion
[55:12]
to approve by commissioner owen,
[55:13]
second by commissioner wostal.
[55:14]
If there are no other comments,
[55:15]
please record your vote.
[55:18]
>> motion carried 7-0.
[55:18]
>> ken hagan: f 3.
[55:19]
>> thank you, MR. CHAIRMAN.
[55:20]
Thank you, commissioners.
[55:21]
>> next item is agenda item f
[55:21]
3.
[55:24]
It's rezoning standard 23-0115.
[55:26]
It's a request to rezone a
[55:28]
.55-acre parcel on the east side
[55:30]
of theresa street located in the
[55:32]
town 'n' country area west of
[55:34]
webb and north of hillsborough
[55:34]
avenue.
[55:37]
Again, the request is to rezone
[55:39]
from rsc 6 to rm
[55:40]
rmc 20 which is
[55:41]
a multifamily zoning district.
[55:44]
The comprehensive plan is res
[55:46]
20, and based on the surrounding
[55:46]
development pattern which
[55:48]
contains existing rmc 20 uses in
[55:51]
the immediate area, staff is
[55:52]
recommending approval, was found
[55:53]
consistent with
[55:54]
by the planning
[55:56]
commission and also hearing
[55:57]
officer is recommending approval
[55:58]
and staff is available for any
[55:58]
questions.
[55:59]
Thank you.
[55:59]
>> ken hagan: thank you.
[56:06]
I believe the applicant is on
[56:06]
virtual.
[56:08]
>> yes, sir, good morning.
[56:11]
I'm the principal for --
[56:11]
investments corporation.
[56:16]
I was the one who submitted this
[56:17]
application if you look at the
[56:18]
current zoning all around they
[56:20]
are r 20, so this lot was never
[56:23]
sold in the last 50, 60, or 70
[56:25]
years, and I was just applying
[56:28]
to rezone it from rsc-6 to r-20
[56:30]
and we have all the necessary
[56:31]
waivers from all the different
[56:32]
departments and everyone has
[56:34]
given the clearance to move
[56:45]
forward with this rezoning.
[56:46]
>> ken hagan: is anybody
[56:47]
anyone
[56:48]
here in support of the item?
[56:49]
Anyone in opposition?
[56:50]
Planning commission?
[56:51]
>> thank you.
[56:51]
Melissa lienhard, planning
[56:52]
commission staff.
[56:53]
The sng
[56:54]
subject property is
[56:55]
located within the residential
[56:56]
20 future land use category.
[56:58]
It is in the urban service area
[57:00]
and located within the limits of
[57:02]
the town 'n' country community
[57:02]
plan.
[57:04]
The subject site is located in
[57:05]
the urban service area where
[57:07]
according to objective 1 of the
[57:10]
future land use element, 80% of
[57:11]
the county's growth is to be
[57:11]
directed.
[57:13]
The proposed request is
[57:14]
consistent with this policy
[57:15]
direction.
[57:16]
In addition, future land use
[57:18]
element policy 1.4 requires that
[57:20]
all new developments be
[57:22]
compatible with the surrounding
[57:22]
area.
[57:25]
The proposed change from rsc-6
[57:27]
to rmc-20 zoning is compatible
[57:29]
with the existing character of
[57:31]
development in the area as the
[57:32]
current development pattern
[57:34]
contains extensive rmc-20 zoning
[57:37]
to the south, east, and
[57:37]
northeast.
[57:39]
The proposed rezoning meets the
[57:40]
intent of neighborhood
[57:41]
protection policies of the
[57:42]
future land use element.
[57:43]
The development pattern of the
[57:45]
surrounding area shows other
[57:46]
residential uses with varying
[57:47]
lot size.
[57:49]
The proposed rezoning would also
[57:51]
encourage an appropriate
[57:52]
transition in intensity between
[57:53]
the commercial zoning districts
[57:55]
located south of the subject
[57:57]
property and the single-family
[57:58]
zoning districts located north
[57:59]
of the subject property.
[58:01]
A rezoning to rmc-20 would
[58:02]
reflect a development pattern
[58:04]
that is in keeping with the
[58:05]
existing development pattern
[58:07]
which is consistent with this
[58:08]
policy direction.
[58:10]
The town ncountry community
[58:11]
plan's vision statement
[58:12]
encourages development that
[58:16]
increases the property values of
[58:16]
homes.
[58:18]
Allowing rmc-20 zoning on the
[58:19]
subject site will encourage
[58:20]
development and increase value
[58:22]
to the area, especially
[58:23]
considering that the site is
[58:24]
currently vacant.
[58:25]
The proposed rm
[58:26]
rmc-20 zoning
[58:28]
district is aligned with the
[58:29]
community plan's language
[58:30]
regarding a strong urban
[58:32]
community and is therefore
[58:33]
consistent with the overall
[58:34]
vision of the community plan.
[58:36]
Based upon those considerations,
[58:37]
planning commission staff finds
[58:39]
the proposed rezoning consistent
[58:42]
with the unincorporated
[58:42]
hillsborough county
[58:43]
comprehensive plan.
[58:44]
Thank you.
[58:47]
>> ken hagan: zoning hearing
[58:48]
master?
[58:49]
>> the zoning hearing master
[58:50]
reviewed the applicant's request
[58:54]
for rezoning to the rmc 20
[58:58]
zoning district and that request
[59:01]
is for the development of
[59:02]
townhomes on the site.
[59:04]
The property is just over half
[59:07]
an acre.55 acres in size,
[59:09]
currently zoned rsc-6 and
[59:10]
designated residential 20 by the
[59:14]
comprehensive plan.
[59:17]
Some testimony in opposition was
[59:20]
provided at the zmh hearing
[59:23]
from -- zhm hearing from a
[59:26]
resident of the kingsport
[59:27]
townhome community to the south
[59:28]
but not adjacent to the
[59:28]
property.
[59:32]
That concern was regarding the
[59:35]
sufficiency of the roadway and
[59:37]
potential concern about traffic
[59:40]
and the reduction of property
[59:41]
values.
[59:41]
However.
[59:44]
The county's transportation
[59:45]
review section stated thatt the
[59:48]
subject property will be
[59:50]
accessed from theresa road which
[59:52]
is a two-lane undweeded roadway
[59:53]
with -- undivided roadway with
[59:55]
52 feet of right-of-way.
[59:59]
Transportation staff has no
[1:00:00]
objection to the rezoning
[1:00:00]
request.
[1:00:01]
Furthermore, the applicant
[1:00:02]
testified in rebuttal that the
[1:00:04]
resident of the townhome
[1:00:06]
community was referring to the
[1:00:08]
internal access roads for that
[1:00:10]
community, which can only
[1:00:12]
accommodate one vehicle due to
[1:00:13]
insufficient roadway width.
[1:00:15]
The subject property will be
[1:00:16]
accessed from theresa road which
[1:00:19]
is a two-lane road.
[1:00:20]
The zoning hearing master found
[1:00:21]
that the rezoning for the
[1:00:22]
development of townhomes on site
[1:00:24]
is consistent with the
[1:00:25]
development pattern in the area
[1:00:27]
as well as with the
[1:00:28]
comprehensive plan and is
[1:00:30]
recommended approval.
[1:00:31]
>> ken hagan: all right.
[1:00:32]
What's the pleasure of the
[1:00:33]
board.
[1:00:33]
>> michael owen: move approval.
[1:00:34]
>> ken hagan: got a motion to
[1:00:36]
approve, commissioner cohen,
[1:00:39]
second, commissioner myers.
[1:00:40]
No other comments, please record
[1:00:44]
your vote.
[1:00:49]
>> motion carried 7-0.
[1:00:50]
>> ken hagan: f 4.
[1:00:52]
>> the next item is agenda item
[1:00:56]
f 4 rezoning pd 23-0181.
[1:00:57]
The applicant is hope
[1:00:58]
international ministries.
[1:01:00]
This is a request to rezone a
[1:01:03]
9.44-acre parcel that's loathed
[1:01:08]
in the greater
[1:01:16]
carrollwood-northdale area on
[1:01:16]
mushinski road.
[1:01:18]
They will be single-family homes
[1:01:21]
but under common ownership of
[1:01:23]
hope international.
[1:01:24]
Technically it would still be
[1:01:24]
considered multifamily.
[1:01:26]
This will be an extension of the
[1:01:27]
hope international ministries
[1:01:28]
children's home to the west and
[1:01:29]
it actually specifically
[1:01:32]
conditioned to limit the use of
[1:01:36]
the residence to employees of
[1:01:38]
the facility to the west, so
[1:01:40]
it's functioning as an extension
[1:01:41]
of that.
[1:01:43]
Based on that, staff, planning
[1:01:44]
development services staff did
[1:01:46]
find the request compatible.
[1:01:47]
The hearing officer also
[1:01:48]
recommended approval.
[1:01:49]
I would note the planning
[1:01:52]
commission did find this
[1:01:53]
inconsistent based on
[1:01:54]
noncompliance with minimum
[1:01:55]
density policies which they'll
[1:01:57]
speak to as part of their
[1:01:58]
presentation.
[1:01:59]
Staff is available for any
[1:01:59]
questions.
[1:01:59]
Thank you.
[1:02:00]
>> ken hagan: all right.
[1:02:00]
Thank you.
[1:02:04]
Is the applicant here?
[1:02:06]
Morning.
[1:02:08]
>> good morning, kami corbett
[1:02:09]
with the law firm of hill, ward,
[1:02:10]
and henderson.
[1:02:12]
101 east kennedy boulevard,
[1:02:16]
suite 3700.
[1:02:18]
Find a place to put my stuff.
[1:02:18]
There we go.
[1:02:19]
Sorry.
[1:02:20]
I do have a brief presentation
[1:02:22]
for you this morning since we
[1:02:23]
did hear that planning
[1:02:24]
commission did find us
[1:02:25]
inconsistent.
[1:02:26]
I have the pleasure of
[1:02:27]
representing hope children's
[1:02:28]
home.
[1:02:30]
They are a private not for
[1:02:31]
profit school that is christ
[1:02:32]
based and bible based.
[1:02:34]
It's a children's home and a
[1:02:34]
school.
[1:02:36]
They do not accept any money
[1:02:37]
from any federal, state, or
[1:02:38]
local government.
[1:02:40]
They're fully privately funded,
[1:02:42]
commissioner wostal, and to
[1:02:45]
further introduce you to hope, I
[1:02:47]
would like to play a brief video
[1:02:49]
or have upstairs play a brief
[1:02:52]
video.
[1:02:53]
>> cami, can you please confirm
[1:02:55]
that video was shown at zhm.
[1:02:56]
>> it was and it's noted in the
[1:02:58]
clerk's record and it's the same
[1:02:59]
video I sent to you yesterday.
[1:03:05]
>> thank you.
[1:03:30]
>> one second.
[1:03:31]
>> we can't get it, I can
[1:03:32]
continue.
[1:03:39]
Okay.
[1:03:40]
>> joshua wostal: they're just
[1:04:26]
building suspense.
[1:05:48]
>> [Off mic]
[1:07:17]
[Inaudible]
[1:07:19]
>> and so the reason I show you
[1:07:20]
that video, and you might be
[1:07:21]
wondering how is this relevant
[1:07:22]
to land use.
[1:07:24]
It's eextremely relevant to the
[1:07:25]
question as to whether or not we
[1:07:27]
satisfied an exception to the
[1:07:28]
minimum density policy.
[1:07:29]
I wanted you to see what's
[1:07:30]
happening on the property, what
[1:07:33]
the nature of this property is,
[1:07:34]
and how developing the property
[1:07:36]
to minimum density which would
[1:07:37]
be 27 single-family homes would
[1:07:40]
be very disruptive to what's
[1:07:41]
happening.
[1:07:43]
Just quickly, you see the
[1:07:45]
vicinity, we're south of gunn
[1:07:47]
highway and west of henderson
[1:07:47]
road.
[1:07:49]
This is the existing campus in
[1:07:50]
aerial.
[1:07:52]
The yellow is the existing hope
[1:07:54]
children's home pd.
[1:07:55]
The green is the proposed pd,
[1:07:57]
and you can see in that aerial
[1:07:59]
there is a swimming pool, an
[1:08:01]
existing residence and some
[1:08:02]
structures, some barns and some
[1:08:03]
things that are already there,
[1:08:04]
and it's already integrated as
[1:08:05]
part of their campus.
[1:08:08]
So this is mart of what they
[1:08:09]
consider to be their -- part of
[1:08:10]
what they consider to be their
[1:08:10]
home.
[1:08:12]
The request again we're asking
[1:08:13]
for eight additional structures
[1:08:15]
to maintain those accessory
[1:08:16]
uses, and we are asking for a pd
[1:08:18]
variation to maintain the
[1:08:19]
existing buffers because I'm
[1:08:20]
going to show you some photos
[1:08:22]
and you're going to see that it
[1:08:24]
looks really rural out here.
[1:08:25]
Again, these are the images of
[1:08:28]
the cottage interior and
[1:08:28]
exterior.
[1:08:29]
That's the library you saw.
[1:08:31]
This is te playground that is
[1:08:33]
on the existing pd.
[1:08:34]
This is the swimming pool that's
[1:08:36]
on this property that's subject
[1:08:37]
to this pd request.
[1:08:38]
You can see it's already in use
[1:08:42]
by the children's home.
[1:08:43]
Again, and just again very rural
[1:08:46]
in nature and has a rural picket
[1:08:48]
fence and that, that's a dead
[1:08:49]
end.
[1:08:50]
That's adjacent to them, and
[1:08:52]
then you'll see on this aerial
[1:08:53]
what's beyond the dead end.
[1:08:55]
When we look to the west, we
[1:08:57]
have a very significant rural
[1:08:59]
development pattern of asc-1
[1:09:01]
zoning.
[1:09:03]
Now, I admit that when you look
[1:09:04]
to the north, east, and south,
[1:09:05]
there is a suburban development
[1:09:06]
pattern, and I understand why
[1:09:08]
the planning commission is
[1:09:09]
looking at that from that
[1:09:10]
perspective, but I think when
[1:09:11]
you look at it as a whole, and
[1:09:13]
you look at the compatibility
[1:09:14]
with this children's home,
[1:09:16]
there's no question that we've
[1:09:17]
met the exception for minimum
[1:09:19]
density and that that additional
[1:09:21]
density would be completely
[1:09:23]
incompatible and inconsistent.
[1:09:24]
We're consistent with the
[1:09:26]
greater carrollwood community
[1:09:27]
plan, which recognizes the
[1:09:29]
uniqueness of neighborhoods and
[1:09:31]
recognizes each neighborhood's
[1:09:32]
culture.
[1:09:34]
And this is the concept map from
[1:09:35]
carrollwood community plan.
[1:09:36]
There is nothing inconsistent
[1:09:37]
with this development with that
[1:09:40]
community plan.
[1:09:42]
And again, our point, we think
[1:09:43]
that requiring us to meet
[1:09:46]
minimum density would be wholly
[1:09:48]
incompatible and would adversely
[1:09:49]
impact the existing development
[1:09:50]
we have, and we would
[1:09:53]
respectfully request your
[1:09:53]
approval.
[1:09:54]
>> ken hagan: all right, thank
[1:09:54]
you.
[1:09:55]
Anyone here in support of the
[1:09:56]
application?
[1:09:58]
Anyone in opposition?
[1:10:01]
Planning commission?
[1:10:02]
>> thank you for the record,
[1:10:03]
melissa lienhard, planning
[1:10:04]
commission staff.
[1:10:05]
The subject property is located
[1:10:06]
within the residential 4 future
[1:10:11]
land use category, in the urban
[1:10:12]
service area, and it is also
[1:10:15]
located within the greater
[1:10:15]
carrollwood-northdale community
[1:10:16]
plan limits.
[1:10:17]
Objective 1 of the future land
[1:10:19]
use element of the comprehensive
[1:10:20]
plan asserts that hillsborough
[1:10:21]
county shall proactively direct
[1:10:24]
new growth into the urban
[1:10:24]
service area with the goal that
[1:10:27]
at least 80% of all population
[1:10:28]
growth will occur within the
[1:10:29]
urban service area during the
[1:10:31]
planning horizon of the comp
[1:10:32]
plan.
[1:10:34]
Future land use element policy
[1:10:35]
1.2 requires that all new
[1:10:37]
development or redevelopment
[1:10:40]
shall occur at a density of at
[1:10:41]
least 75% of the allowable
[1:10:43]
density of the future land use
[1:10:45]
category in order to optimize
[1:10:47]
investment for services and
[1:10:47]
infrastructure.
[1:10:49]
The subject site's future land
[1:10:52]
use category is residential 4
[1:10:53]
which allows for consideration
[1:10:56]
of up to 37 dwelling units on
[1:10:58]
the 9.44-acre subject property.
[1:11:00]
The proposed development seeks
[1:11:01]
to add eight additional
[1:11:02]
single-family dwelling units to
[1:11:06]
an existing dwelling unit uniant
[1:11:08]
of the site which would total
[1:11:09]
nine units.
[1:11:10]
These nine uits would fall
[1:11:12]
significantly under the 75%
[1:11:13]
density requirement which is 28
[1:11:14]
dwelling units for new
[1:11:15]
development within the urban
[1:11:18]
service area by a considerable
[1:11:18]
margin.
[1:11:20]
Future land use element policy
[1:11:22]
1.3 seeks to restrict new zoning
[1:11:23]
approvals for residential
[1:11:26]
development within the urban
[1:11:26]
service area, and future land
[1:11:29]
use categories that permit four
[1:11:30]
dwelling units per gross acre or
[1:11:33]
greater than do not meet minimum
[1:11:34]
density, unless certain
[1:11:36]
circumstances are met.
[1:11:38]
In their narrative the applicant
[1:11:39]
stated the proposed development
[1:11:40]
would adversely impact the
[1:11:41]
existing development pattern in
[1:11:43]
the area if it was required to
[1:11:46]
meet the 75% minimum density
[1:11:47]
requirement.
[1:11:48]
This however is not a true
[1:11:49]
representation of the dense
[1:11:51]
residential nature of the
[1:11:52]
surrounding areas adjacent to
[1:11:53]
the subject site directly to the
[1:11:55]
north, east, and south.
[1:11:56]
The eight new dwelling units
[1:11:58]
plus the existing residential
[1:11:59]
structure would vastly reduce
[1:12:01]
the density of the subject
[1:12:03]
property to a mere one unit per
[1:12:04]
gross acre which is
[1:12:06]
significantly below the 75%
[1:12:08]
minimum that is required for new
[1:12:08]
development within the urban
[1:12:10]
service area.
[1:12:11]
And based upon those
[1:12:12]
considerations, planning
[1:12:13]
commission staff finds the
[1:12:14]
proposed planned development
[1:12:16]
inconsistent with the
[1:12:17]
comprehensive plan.
[1:12:17]
Thank you.
[1:12:18]
>> ken hagan: all right, thank
[1:12:18]
you.
[1:12:22]
Zoning hearing master?
[1:12:23]
>> the zoning hearing master
[1:12:25]
reviewed the applicant's request
[1:12:26]
for rezoning of the subject
[1:12:28]
property to planned development
[1:12:30]
to allow a total of nine
[1:12:33]
single-family homes to serve as
[1:12:34]
employee housing for staff of
[1:12:37]
the hope children's home on the
[1:12:38]
adjacent parcel to the west of
[1:12:42]
the subject property.
[1:12:44]
The applicant has requested pd
[1:12:45]
variations regarding the
[1:12:48]
buffering and screening
[1:12:49]
requirements of the land
[1:12:56]
development code.
[1:12:59]
First is five-foot wide buffer
[1:13:00]
on the north and east boundaries
[1:13:02]
to allow a zero buffer and to
[1:13:04]
maintain the existing fencing
[1:13:05]
and mature vegetation, tree
[1:13:11]
canopy, and open space.
[1:13:12]
Additionally the applicant is
[1:13:13]
requesting a pd variation to the
[1:13:13]
land development code's
[1:13:14]
buffering and screening
[1:13:17]
requirements for a 10-foot
[1:13:19]
reduction and the 10-foot wide
[1:13:20]
buffer and type a screening on
[1:13:22]
the subject property's west
[1:13:24]
boundary to allow a zero buffer
[1:13:28]
and maintain the existing mature
[1:13:30]
tree canopy, mature vegetation,
[1:13:32]
tree canopy, and ownen space.
[1:13:33]
The zoning hearing master --
[1:13:35]
open space.
[1:13:38]
The zoning hearing master
[1:13:39]
reviewed the development
[1:13:44]
services staff finding that
[1:13:44]
although the proposed
[1:13:45]
development of nine dwelling
[1:13:46]
units does not meet the
[1:13:48]
comprehensive plan's minimum
[1:13:50]
density policy, the proposed
[1:13:51]
detached single-family home
[1:13:53]
development is in harmony with
[1:13:55]
the surrounding land uses and
[1:13:56]
maintains the existing height,
[1:14:03]
scale, and bulk of development
[1:14:04]
pattern.
[1:14:05]
Staff, the development services
[1:14:06]
department found the planned
[1:14:07]
development is intended to
[1:14:08]
exclusively serve the
[1:14:09]
institutional use to the west of
[1:14:12]
the subject property, which
[1:14:14]
results in the continuity of the
[1:14:16]
existing land use and visual
[1:14:18]
character of the area and does
[1:14:21]
not create additional
[1:14:23]
landscaping, lining, waste, odor
[1:14:25]
or architectural impacts.
[1:14:26]
The zoning hearing master noted
[1:14:27]
that development services has
[1:14:29]
found the rezoning compatible
[1:14:31]
with the surrounding properties
[1:14:34]
and in keeping with the general
[1:14:37]
pattern of development in the
[1:14:39]
area, and ha recommended
[1:14:42]
approval subject to conditions.
[1:14:43]
The zoning hearing master
[1:14:44]
concluded with the
[1:14:45]
recommendation for approval of
[1:14:48]
the pd rezoning request subject
[1:14:49]
to the conditions set out in the
[1:14:51]
development services department
[1:14:54]
staff report.
[1:14:54]
>> ken hagan: all right, thank
[1:14:55]
you.
[1:14:59]
Commissioner wostal?
[1:14:59]
>> joshua wostal: poor
[1:15:01]
MS. Leinhard probably hat
[1:15:02]
has
[1:15:03]
that section memorized.
[1:15:05]
I've only been here 9 1/2
[1:15:06]
months, I mean, I almost can't
[1:15:07]
go a land use meeting without
[1:15:09]
you having to repeat this
[1:15:09]
density.
[1:15:12]
So I just, I hope that when
[1:15:15]
we're going through all of these
[1:15:16]
rework of things we're looking
[1:15:17]
at this density section and
[1:15:19]
objectives, and it seems like
[1:15:22]
it's becoming a bureaucratic
[1:15:24]
nightmare in a certain regard,
[1:15:27]
and they had to hire I'm sure an
[1:15:29]
extremely fairly priced land use
[1:15:30]
attorney to come here for
[1:15:32]
something I don't even see as
[1:15:32]
necessary, and it's probably
[1:15:35]
something we need to review, so
[1:15:35]
thank you.
[1:15:36]
>> ken hagan: thank you.
[1:15:37]
Commissioner owen.
[1:15:39]
>> michael owen: thank you,
[1:15:39]
MR. CHAIRMAN.
[1:15:41]
And thank you, cami, fo
[1:15:41]
representing them.
[1:15:42]
I know it's probably not one
[1:15:44]
where you're making a windfall
[1:15:44]
of money.
[1:15:47]
This organization is wonderful.
[1:15:49]
I just wish, and you know, they
[1:15:50]
would expand to east or south
[1:15:51]
county.
[1:15:52]
I would love to have an
[1:15:54]
organization like that out
[1:15:55]
there, especially for what they
[1:15:57]
stand for and, you know,
[1:15:59]
obviously this isn't my
[1:16:00]
district.
[1:16:03]
Commissioner hagan, but I really
[1:16:04]
think that this is a great
[1:16:05]
expansion.
[1:16:06]
Now the only thing I saw on
[1:16:12]
here, cami, you said eight
[1:16:14]
additional properties but I have
[1:16:14]
nine on my notes.
[1:16:22]
I want to make sure my record's
[1:16:23]
right.
[1:16:23]
>> there is an existing home on
[1:16:27]
the site so it's on top of the
[1:16:29]
one there.
[1:16:30]
>> michael owen: got it.
[1:16:32]
This is a dead end road here.
[1:16:34]
These are folks working for
[1:16:35]
hope, this is why they are
[1:16:36]
creating this, it's an extension
[1:16:37]
of their facility in essence.
[1:16:38]
Very good.
[1:16:38]
Thank you.
[1:16:39]
>> ken hagan: thank you.
[1:16:40]
Commissioner cameron cepeda.
[1:16:41]
>> donna cameron cepeda: yes I
[1:16:43]
would just like to say I'm so
[1:16:44]
thankful that we have an
[1:16:45]
organization like this in our
[1:16:46]
community that are really
[1:16:47]
helping, you know, the hurting
[1:16:50]
hearts of these little
[1:16:51]
children.
[1:16:51]
I'm so thankful for this.
[1:16:52]
It's just amazing.
[1:16:53]
I didn't even know about that
[1:16:54]
organization.
[1:16:55]
It's just wonderful.
[1:16:57]
And I would like to make a
[1:16:59]
motion for approval.
[1:16:59]
>> ken hagan: okay.
[1:17:00]
We got a motion to approve,
[1:17:02]
commissioner cameron cepeda.
[1:17:04]
Second, commissioner wostal.
[1:17:05]
Commissioner cohen.
[1:17:06]
>> harry cohen: thank you very
[1:17:06]
much.
[1:17:10]
And you know, it is, I think, in
[1:17:14]
most cases not appropriate to
[1:17:16]
consider the mission of an
[1:17:17]
organization when you're making
[1:17:20]
a land use decision, but unthis
[1:17:23]
case, I think the counsel for
[1:17:26]
the applicant did do a good job
[1:17:30]
of explaining why this type of
[1:17:32]
structure makes sense on this
[1:17:32]
property.
[1:17:36]
And I guess that gets me to the
[1:17:38]
larger point.
[1:17:41]
You know, I respect the fact
[1:17:43]
that the staff has to, and the
[1:17:45]
planning commission have to make
[1:17:47]
narrow judgments within the
[1:17:49]
confines of the direction that
[1:17:50]
our policy gives them.
[1:17:52]
But what makes our system I
[1:17:55]
think work so well is that we as
[1:17:57]
a board have the ability to be a
[1:17:59]
little more creative and a
[1:18:01]
little bit more open-minded when
[1:18:03]
we look at these applications.
[1:18:04]
So when we look at something
[1:18:07]
like this, we can understand
[1:18:09]
when I,
[1:18:12]
-- why and we can apply
[1:18:13]
the judgment we have been given
[1:18:17]
to look at why it makes sense to
[1:18:19]
allow something under the
[1:18:20]
density, just like the one
[1:18:22]
before us where we looked at the
[1:18:24]
totality of it and we looked at
[1:18:25]
what the use was going to be and
[1:18:26]
we were able to see it was
[1:18:27]
appropriate.
[1:18:27]
So I'm also going to support th
[1:18:28]
motion.
[1:18:31]
i just want to say to the staff
[1:18:33]
that it doesn't mean that we
[1:18:34]
don't have confidence in your
[1:18:34]
judgment.
[1:18:38]
It means that we're simply using
[1:18:40]
the judgment that we are given
[1:18:46]
to come to a different result.
[1:18:47]
>> ken hagan: commissioner
[1:18:48]
kemp.
[1:18:48]
>> pat kemp: yes, and thank you
[1:18:50]
for saying that, commissioner
[1:18:52]
cohen, because I think it's
[1:18:53]
important and important for
[1:18:56]
staff as well as even I
[1:18:59]
mentioned earlier piece.
[1:19:02]
I appreciate the analysis, and
[1:19:07]
it gives me a thoughtful look at
[1:19:09]
what the policies are and a
[1:19:13]
little bit of extra thought
[1:19:15]
about why they were put in place
[1:19:17]
and what they do and how they
[1:19:19]
use our resources.
[1:19:21]
I talked about the urban service
[1:19:25]
area a lot, and density in terms
[1:19:27]
of that because what we're doing
[1:19:28]
is being able to use
[1:19:29]
infrastructure that's in place
[1:19:30]
and it's a massive problem for
[1:19:33]
the county that we don't have
[1:19:35]
infrastructure in place for a
[1:19:38]
ot of it and even in the urban
[1:19:39]
service area appropriate
[1:19:41]
infrastructure in place and
[1:19:42]
extending beyond it.
[1:19:44]
So I think the density is an
[1:19:46]
important point, and I of course
[1:19:47]
will be supporting this.
[1:19:54]
I mean, but I appreciate
[1:19:55]
commissioner cohen, you pointing
[1:19:57]
that out because I just think
[1:20:00]
it's, there is a lot of
[1:20:00]
thought.
[1:20:01]
It's made me think more when I
[1:20:04]
look at something about how we
[1:20:07]
do it and consider about what it
[1:20:08]
will be for the future.
[1:20:09]
So I
[1:20:11]
I think that's important,
[1:20:14]
and appreciate the staff
[1:20:15]
analysis.
[1:20:15]
>> ken hagan: I just want to
[1:20:17]
thank all the board members for
[1:20:18]
all of your comments,
[1:20:20]
particularly commissioner
[1:20:22]
cameron cepeda's remarks.
[1:20:23]
I've toured this campus a number
[1:20:27]
of times through the years, and
[1:20:29]
I got to tell you, I heard many
[1:20:30]
of the stories, and they bring
[1:20:32]
tears to your eyes.
[1:20:34]
I mean, they really do, and they
[1:20:35]
are doing remarkable things
[1:20:35]
there.
[1:20:40]
This is a beautiful rural
[1:20:41]
campus.
[1:20:41]
In addition troo
[1:20:43]
to some of the
[1:20:44]
amenities they showed they've
[1:20:45]
got an unbelieve
[1:20:46]
believable
[1:20:48]
indoor basketball court, I'm
[1:20:49]
surprised they didn't show that
[1:20:50]
as well.
[1:20:51]
But I'm very proud we're going
[1:20:54]
to approve this unanimously and
[1:20:57]
again in all my time on this
[1:20:59]
board I have gotten not one
[1:21:00]
complaint to this organization,
[1:21:00]
not one.
[1:21:01]
So I think that is a great
[1:21:02]
testament to the work they are
[1:21:03]
doing.
[1:21:04]
So very pleased to support the
[1:21:04]
motion.
[1:21:05]
Please regard
[1:21:08]
record your vote.
[1:21:10]
>> motion carried 7-0.
[1:21:11]
>> ken hagan: all right, thank
[1:21:11]
you.
[1:21:13]
Next item.
[1:21:13]
>> commissioners, the next item
[1:21:16]
is agenda item f 5.
[1:21:19]
This is rezoning pd 23-0257.
[1:21:22]
This is a request to rezone a
[1:21:23]
2.5-acre parcel that's on the
[1:21:25]
north side of bloomingdale
[1:21:26]
avenue just west of the
[1:21:27]
intersection of bloomingdale and
[1:21:28]
providence road.
[1:21:31]
The request is to rezone from
[1:21:34]
asc-1 to a planned development
[1:21:35]
for 100-bed community
[1:21:36]
residential home which would be
[1:21:41]
an assisted living facility.
[1:21:45]
Per the site plan, again, this
[1:21:46]
is a proposed site plan.
[1:21:49]
I would note that per the
[1:21:50]
requirements for community
[1:21:50]
residential home there is a
[1:21:52]
requirement for 500-foot
[1:21:56]
separation from a residential
[1:21:57]
single-family zoning district
[1:21:59]
which would be to the north of
[1:21:59]
that.
[1:22:01]
Staff is supportive of that
[1:22:03]
waiver given the fact that the
[1:22:04]
parcel to the immediate west is
[1:22:07]
a planned development that's res
[1:22:09]
20 and the plan is permitted and
[1:22:12]
being instructed with multi --
[1:22:14]
constructed with multifamily
[1:22:15]
multistory.
[1:22:17]
An increased setback and buffer
[1:22:19]
are being proposed along the
[1:22:19]
property.
[1:22:20]
They are providing compliant
[1:22:21]
buffering to the east and west
[1:22:23]
but they have also asked for
[1:22:24]
relief from requirements for
[1:22:26]
additional two to one setback
[1:22:27]
for additional structure height
[1:22:29]
for the two-story structure.
[1:22:31]
Staff is supportive of that
[1:22:32]
given the surrounding
[1:22:33]
development pattern and given
[1:22:34]
the proposed site plan.
[1:22:35]
Therefore, staff is recommending
[1:22:36]
approval.
[1:22:37]
It was also found consistent
[1:22:38]
bite planning commission and the
[1:22:39]
hearing officer is also
[1:22:40]
recommending approval.
[1:22:41]
Staff's available for any
[1:22:42]
questions.
[1:22:42]
Thank you.
[1:22:43]
>> ken hagan: all right, thank
[1:22:44]
you.
[1:22:48]
Is the applicant here?
[1:22:49]
Good morning again.
[1:22:51]
>> good morning, commissioners.
[1:22:53]
todd pressman, 200 second avenue
[1:22:56]
south, number 451 in
[1:22:57]
st. Petersburg.
[1:23:00]
Powerpoint for you.
[1:23:02]
We're located in the brandon
[1:23:03]
area.
[1:23:05]
Property appraiser has it shown
[1:23:08]
in the red lines here.
[1:23:10]
We are located just north of
[1:23:13]
state road 60.
[1:23:15]
Seeking a type c community
[1:23:17]
residential home with a 100-bed
[1:23:17]
maximum.
[1:23:19]
This would be an assisted living
[1:23:22]
for senior citizens and disabled
[1:23:24]
folks needing assisted daily
[1:23:26]
care.
[1:23:27]
2.49 acres.
[1:23:28]
So it's the type of use that
[1:23:29]
would have a common dining room
[1:23:31]
that ld residents would use --
[1:23:32]
all the residents would use.
[1:23:33]
Transportation provided and
[1:23:37]
daily living support is
[1:23:38]
provided.
[1:23:39]
Nurse provides some care through
[1:23:43]
license through ahca.
[1:23:43]
In harmony with the ldc planning
[1:23:47]
commission also finds it
[1:23:48]
consistent.
[1:23:48]
You can see the project site
[1:23:49]
here in red.
[1:23:51]
The applicant owns the property
[1:23:53]
in front as you can see which is
[1:23:55]
highlighted unyellow.
[1:23:58]
Next to an auto repair and
[1:24:00]
walgreens, and to the east is
[1:24:02]
the somerville apartments being
[1:24:03]
constructed at the moment.
[1:24:04]
So access would be through the
[1:24:06]
applicant's ownership of the
[1:24:08]
property, I'm sorry, it says
[1:24:08]
state road 60.
[1:24:11]
It's bloomingdale avenue.
[1:24:15]
And the side street is
[1:24:16]
providence.
[1:24:17]
DR. Nurani is one of the best
[1:24:18]
primary care doctors in
[1:24:21]
riverview area.
[1:24:22]
She has been in practice for 20
[1:24:24]
years, has had a lot of training
[1:24:25]
in hospice care.
[1:24:27]
She's predominantly been
[1:24:29]
servicing over 65-year-old
[1:24:32]
persons which would now include
[1:24:32]
myself.
[1:24:34]
And accomplish a lot of nursing
[1:24:35]
home assisted living work
[1:24:37]
throughout her career.
[1:24:39]
She's a primary care physician,
[1:24:42]
received her medical degree, and
[1:24:43]
completed her residency in
[1:24:46]
family medicine in
[1:24:46]
pennsylvania.
[1:24:48]
So we're in the smu-6 future
[1:24:50]
land use category, which
[1:24:51]
includes suburban commercial
[1:24:54]
offices, light industrial.
[1:24:55]
It supports this use and many
[1:24:57]
more uses.
[1:24:58]
We're seeking a flex a little
[1:24:59]
bit from the east side which
[1:25:00]
will allow us to increase the
[1:25:01]
density a little bit.
[1:25:04]
That's just part of the zoning.
[1:25:05]
And zoning as you can see is
[1:25:08]
mostly pd but as I've shown you
[1:25:12]
it's commercial intensive and
[1:25:14]
also multifamily density coming
[1:25:17]
in by the project to the east.
[1:25:18]
Approved for four-story
[1:25:20]
apartments which is higher than
[1:25:20]
what we will be, and
[1:25:25]
single-family homes to the
[1:25:26]
rear.
[1:25:26]
According to our peak hour it
[1:25:29]
would be 26 additional trips,
[1:25:30]
and a detailed traffic analysis
[1:25:32]
was actually not required
[1:25:34]
because the trip analysis or the
[1:25:36]
trip amount would be, is too low
[1:25:38]
for the alf.
[1:25:41]
So one of the nice facets of the
[1:25:43]
ALFs is a very low trip rate.
[1:25:44]
In fact as I work with them,
[1:25:46]
they wish there was a higher
[1:25:47]
trip rate that more people would
[1:25:48]
come and family would come and
[1:25:49]
visit them during the week.
[1:25:51]
So this is the proposed pd
[1:25:51]
plan.
[1:25:54]
It comes in a number of parts.
[1:25:56]
In the rear is the 35-foot
[1:25:56]
buffer.
[1:25:58]
Screening is 10-foot type b or
[1:25:59]
the natural growth that's left
[1:26:00]
which is much larger and denser
[1:26:02]
I'll show you in a minute.
[1:26:05]
And then we're providing a
[1:26:06]
108-foot building setback that
[1:26:08]
we call a passive activity
[1:26:08]
area.
[1:26:10]
That's done specifically for the
[1:26:11]
single-family that's on the
[1:26:13]
other hand.
[1:26:14]
In the middle is the building
[1:26:16]
area which would be the assisted
[1:26:17]
living facility and in front of
[1:26:19]
that would be the vehicular area
[1:26:21]
of circulation and dropoffs.
[1:26:24]
And then again, their existing
[1:26:26]
offices for medical is located
[1:26:28]
directly in the front.
[1:26:29]
There are a long list of
[1:26:32]
conditions in terms of how the
[1:26:34]
building will look.
[1:26:36]
And these are very specific laid
[1:26:37]
out by your staff to be sure
[1:26:41]
that it remains and it tails
[1:26:43]
itself to be residential
[1:26:43]
character.
[1:26:45]
Abutting approving on the west,
[1:26:49]
so to the west is a four-story
[1:26:50]
multifamily 210420 they have
[1:26:51]
begun construction on that.
[1:26:57]
We will be lowering than that.
[1:26:58]
, and they're providing a
[1:27:00]
60-foot rear setback, while
[1:27:02]
we're providing a number of
[1:27:04]
times more greater setback than
[1:27:05]
what's being placed in next door
[1:27:06]
on the west.
[1:27:08]
On the east side is two
[1:27:15]
residential structures with very
[1:27:19]
significant setbacks.
[1:27:20]
128 feet.
[1:27:21]
174 feet to the residential
[1:27:22]
structure, and there is a small
[1:27:25]
accessory unit that's a little
[1:27:25]
closer.
[1:27:27]
so this is the rear existing
[1:27:29]
buffer as I've indicated in the
[1:27:30]
conditions it's either what the
[1:27:31]
county provides which is many,
[1:27:33]
many, many times less than that,
[1:27:34]
so we have the option to either
[1:27:35]
leave this which of course we
[1:27:37]
want to leave so it's a nice,
[1:27:39]
dense, thick, high buffer, much
[1:27:42]
more than what's required by the
[1:27:43]
county.
[1:27:45]
This is another shot of the or
[1:27:48]
the side of the rear buffer.
[1:27:50]
MR. Grady went through the
[1:27:51]
buffers which are all supported
[1:27:53]
by the staff, and the height
[1:27:55]
requires two additional setback
[1:27:57]
for a foot over 20 and supports
[1:27:59]
on the west side that we're
[1:28:00]
closer because it's the
[1:28:02]
multifamily four-story, it's an
[1:28:09]
easy element to support.
[1:28:09]
MR. Grady went through
[1:28:11]
variations on the buffer as
[1:28:12]
well, which is supported by the
[1:28:17]
staff.
[1:28:18]
The buffer is 68 feet away and
[1:28:21]
they're installing significant
[1:28:23]
screening and to the north we
[1:28:24]
provided substantial distancing
[1:28:25]
and landscaping as I've shown
[1:28:26]
you.
[1:28:29]
Planning commission notes we're
[1:28:31]
compatible and that it's a good
[1:28:32]
transition between the uses
[1:28:34]
located in the south and the
[1:28:36]
residential uses.
[1:28:37]
Request also meets the intent of
[1:28:39]
the brandon community plan which
[1:28:40]
seeks to concentrate density in
[1:28:43]
the urban area.
[1:28:46]
We did host a community
[1:28:47]
meeting.
[1:28:49]
We had five residents show up.
[1:28:52]
We noticed 32 residents rvetle
[1:28:54]
I'm
[1:28:58]
, 59 residents were noticed
[1:29:00]
within the 500-foot radius.
[1:29:02]
That was a very good meeting.
[1:29:03]
We have had no opposition from
[1:29:07]
that meeting and when I last
[1:29:08]
checked the record we have had
[1:29:10]
no calls or concerns from
[1:29:11]
neighbors.
[1:29:13]
So with that this is a use that
[1:29:14]
generates low trips needed in
[1:29:14]
the area.
[1:29:15]
This is the kind of place that
[1:29:17]
we want to have our mothers,
[1:29:18]
fathers, grandmothers, and
[1:29:19]
grandfathers, this is where we
[1:29:24]
would like them to be and new
[1:29:26]
residential-like settings in a
[1:29:27]
residential area not sterile
[1:29:31]
commercial areas.
[1:29:36]
And uses support for assisted
[1:29:37]
living for meals and assistance
[1:29:38]
and transportation, things of
[1:29:39]
that nature.
[1:29:41]
So with that we appreciate your
[1:29:42]
consideration and review.
[1:29:45]
Thank you.
[1:29:47]
>> ken hagan: is anyone here in
[1:29:48]
support of the application?
[1:29:50]
Anyone in opposition?
[1:29:52]
Planning commission?
[1:29:53]
>> thank you, melissa lienhard,
[1:29:54]
planning commission staff.
[1:29:55]
The subject property is located
[1:29:57]
in the suburban mixed use 6
[1:30:00]
future land use category.
[1:30:01]
It is in the urban service area
[1:30:02]
and also within the limits of
[1:30:04]
the brandon community plan.
[1:30:06]
The proposed rezoning meets the
[1:30:07]
intent of future land use
[1:30:10]
element policy 1.4 relative to
[1:30:11]
compatibility of the request
[1:30:13]
with the surrounding area.
[1:30:14]
The subject site is adjacent to
[1:30:16]
single-family uses to the north,
[1:30:18]
west, and east.
[1:30:19]
Heavy commercial uses are
[1:30:20]
adjacent to the southwest, and
[1:30:21]
light commercial uses are
[1:30:24]
adjacent to the south and
[1:30:25]
southeast.
[1:30:25]
The proposed rezoning is
[1:30:26]
compatible with the existing
[1:30:27]
development pattern as it
[1:30:29]
provides for an adequate
[1:30:31]
transition between the intensive
[1:30:33]
uses located south and the
[1:30:35]
residential uses located to the
[1:30:36]
north.
[1:30:37]
The provided buffering and
[1:30:38]
building placement will also
[1:30:40]
help ensure compatibility within
[1:30:47]
nearby single-family residential
[1:30:47]
uses.
[1:30:49]
It will require a flex of
[1:30:50]
residential 6 located to the
[1:30:51]
west on approximately 1 quarter
[1:30:53]
of the subject property.
[1:30:55]
Future land use element policy
[1:30:56]
7.3 allows for the consideration
[1:30:57]
of flex requests.
[1:31:00]
A flex must demonstrate how it
[1:31:01]
furthers other goals,
[1:31:03]
objectives, and policies of the
[1:31:04]
comprehensive plan, and in this
[1:31:05]
case, the flex would encourage a
[1:31:09]
higher level of density within
[1:31:11]
the urban service area while
[1:31:12]
also providing adequate
[1:31:14]
opportunities for connectivity
[1:31:16]
through the use of stub-outs to
[1:31:17]
the south end of the site.
[1:31:18]
The flex request and the nature
[1:31:21]
of the proposed assisted living
[1:31:22]
facility are compatible with the
[1:31:23]
surrounding development pattern
[1:31:24]
and contribute to the use of
[1:31:26]
ranges allowed within the smu-6
[1:31:27]
future land use category.
[1:31:29]
The request also meets the
[1:31:31]
intent of the brandon community
[1:31:33]
plan, which seeks to concentrate
[1:31:35]
density in the urban general
[1:31:36]
character district while also
[1:31:39]
ensuring that all changes be
[1:31:40]
compatible to the, to preserve
[1:31:41]
existing neighborhoods.
[1:31:43]
The proposed use provides an
[1:31:44]
adequate transition of intensity
[1:31:47]
between the commercial uses
[1:31:48]
located south and the
[1:31:50]
residential uses located north
[1:31:51]
and is therefore consistent with
[1:31:53]
this goal.
[1:31:54]
based upon this information,
[1:31:55]
planning commission staff
[1:31:58]
recommends approval o the flex
[1:31:59]
request.
[1:32:00]
Future land use element
[1:32:01]
objective 17 allows for the
[1:32:02]
consideration of residential
[1:32:04]
support uses within
[1:32:05]
neighborhoods, so long as they
[1:32:07]
are compatible with the surp
[1:32:09]
surrounding development
[1:32:10]
pattern.
[1:32:11]
Assisted living facilities are
[1:32:12]
considered residential support
[1:32:13]
uses under this policy, and the
[1:32:15]
proposed request will allow for
[1:32:15]
development that is appropriate
[1:32:17]
in scale and intensity for the
[1:32:21]
surrounding land uses, and is
[1:32:22]
therefore consistent with the
[1:32:23]
neighborhood and community
[1:32:24]
serving uses policy direction.
[1:32:26]
Based upon those considerations,
[1:32:27]
planning commission staff finds
[1:32:29]
the proposed planned development
[1:32:31]
consistent with the
[1:32:31]
unincorporated hillsborough
[1:32:33]
county comprehensive plan
[1:32:35]
subject to the conditions
[1:32:36]
proposed by development
[1:32:36]
services.
[1:32:37]
Thank you.
[1:32:37]
>> ken hagan: zoning hearing
[1:32:42]
master?
[1:32:43]
>> the zoning hearing master
[1:32:44]
considered the applicant's
[1:32:45]
request to rezone the subject
[1:32:46]
property to a planned
[1:32:47]
development to allow development
[1:32:48]
of a community residential home
[1:32:50]
type c with a maximum of 100
[1:32:54]
placed residents.
[1:32:56]
The applicant's site plan shows
[1:32:57]
the proposed residential home
[1:32:58]
will consist of two stories with
[1:33:03]
a total of 27,265 square feet
[1:33:06]
and will be a maximum of 35 feet
[1:33:07]
tall.
[1:33:09]
The zoning hearing master
[1:33:10]
summarized the waivers from the
[1:33:11]
land development code that have
[1:33:14]
been requested by the applicant
[1:33:18]
associated with this planned
[1:33:19]
development.
[1:33:20]
The first is a waiver of the
[1:33:21]
requirement that a type a
[1:33:23]
community residential home not
[1:33:25]
be located within the radius of
[1:33:28]
500 feet of an area of
[1:33:29]
nonagricultural single-family
[1:33:30]
zoning.
[1:33:32]
Additionally, the applicant has
[1:33:39]
requested a pd variation to ldc
[1:33:40]
part 6.06.00 regarding buffering
[1:33:45]
and screening.
[1:33:46]
Additionally there has been a
[1:33:50]
request for waiver of section
[1:33:51]
6.01.01 which provides for
[1:33:52]
structures with a permitted
[1:33:55]
height greater than 20 feet.
[1:33:57]
Must be setback an additional
[1:33:58]
two feet for every one foot of
[1:34:03]
structure height over 20 feet.
[1:34:04]
The zoning hearing master
[1:34:05]
reviewed the waiver and
[1:34:06]
variation request and found them
[1:34:09]
to be supportable.
[1:34:11]
Furthermore, the zoning hearing
[1:34:14]
master summarized the
[1:34:14]
recommendations of the
[1:34:17]
development services department
[1:34:19]
staff which found the proposed
[1:34:21]
pd rezoning to be supportable
[1:34:23]
based on the conditions proposed
[1:34:26]
by the applicant.
[1:34:28]
The planning commission staff as
[1:34:29]
you heard is also supportive of
[1:34:32]
this proposed rezoning.
[1:34:34]
The zoning hearing master
[1:34:37]
concluded that the request for
[1:34:40]
pd rezoning is supportable,
[1:34:44]
recommended approval, and
[1:34:46]
concluded that the request was
[1:34:48]
supportable in connection with
[1:34:49]
the comprehensive plan and land
[1:34:53]
development code.
[1:34:55]
>> ken hagan: commissioner
[1:34:56]
owen.
[1:34:57]
>> michael owen: thank you,
[1:34:59]
MR. CHAIRMAN.
[1:35:00]
mr. Pressman, on this, so the,
[1:35:02]
and I just want to clarify, this
[1:35:04]
is a highly unimproved road
[1:35:05]
bloomingdale just to let
[1:35:06]
everybody know.
[1:35:08]
We got to be very careful on
[1:35:10]
approving high reses on this
[1:35:10]
road.
[1:35:12]
I know it's your, this is your
[1:35:13]
district, but I still get the
[1:35:15]
phone calls I think because it's
[1:35:18]
new in your district.
[1:35:20]
So the ingress and egress as to
[1:35:21]
this, so will providence have
[1:35:22]
access to this as well
[1:35:25]
bloomingdale, or how -- I know
[1:35:27]
hancock tires is next to it and
[1:35:29]
then we got a walgreens and then
[1:35:31]
a townhome community behind that
[1:35:33]
and then winthrop up front.
[1:35:35]
I want to make sure I have that
[1:35:53]
right on the inress and egress
[1:35:53]
here.
[1:35:59]
>> excuse me, I'm sorry.
[1:36:03]
Access is on bloomingdale.
[1:36:04]
>> michael owen: access just on
[1:36:07]
bloomingdale and not off
[1:36:07]
providence?
[1:36:08]
>> right.
[1:36:09]
>> I'm.
[1:36:10]
>> michael owen: I'm not
[1:36:12]
concerned about this because
[1:36:13]
it's assisted living.
[1:36:14]
I don't think we're going to
[1:36:15]
have rush hour traffic or
[1:36:15]
anything like that.
[1:36:17]
I didn't know this was nurani's
[1:36:18]
property, nurani medical is one
[1:36:20]
of the largest primary care
[1:36:22]
folks for our district.
[1:36:24]
They do a great job, wonderful
[1:36:24]
people.
[1:36:25]
Is this some type of an
[1:36:27]
extension of their -- I mean
[1:36:29]
of -- does this has nothing to
[1:36:30]
do with their medical facility
[1:36:32]
though, correct?
[1:36:33]
>> well, that's one nice thing
[1:36:37]
is she will act as of course a
[1:36:41]
physician basically on site
[1:36:42]
which would help to reduce
[1:36:44]
further trips because a lot of
[1:36:45]
older folks are going to docs,
[1:36:46]
so yes, that is part of it.
[1:36:48]
Her training is in older care
[1:36:50]
and in nursing home care, so
[1:36:51]
this is a natural extension of
[1:36:52]
her practice.
[1:36:53]
>> michael owen: good, good.
[1:36:53]
And I
[1:36:56]
I think I'm going to be
[1:36:56]
supportive.
[1:36:57]
I'm going to sit back and listen
[1:36:58]
to commissioner myers and some
[1:36:59]
other commissioners.
[1:37:00]
Thanks.
[1:37:01]
>> ken hagan: commissioner
[1:37:02]
myers.
[1:37:03]
>> gwen myers: mine is to
[1:37:06]
approve the item.
[1:37:06]
>> ken hagan: okay.
[1:37:08]
Got a motion to approve
[1:37:10]
commissioner myers, second,
[1:37:11]
commissioner wostal.
[1:37:12]
If there are no other comments,
[1:37:18]
please record your vote.
[1:37:21]
>> motion carried 7-0.
[1:37:22]
>> MR. CHAIRMAN, if I MAY, I had
[1:37:23]
a number of applications today
[1:37:25]
and some of these applications
[1:37:26]
go through a lot of hoops and
[1:37:28]
humps and I just want you to
[1:37:30]
know, MR. Gradely and michelle
[1:37:31]
heinrich are, and their staff
[1:37:32]
are just doing a great job.
[1:37:33]
>> ken hagan: thank you, sir.
[1:37:34]
>> it takes a lot to go through,
[1:37:35]
but I definitely wanted to
[1:37:36]
mention that, particularly in
[1:37:37]
these.
[1:37:38]
We worked very hard on them, and
[1:37:40]
they keep our feet to the fire.
[1:37:41]
>> ken hagan: okay.
[1:37:41]
>> they're good to work with.
[1:37:42]
Thank you.
[1:37:45]
>> ken hagan: next item.
[1:37:47]
>> the next item is agenda item
[1:37:48]
f 6.
[1:37:49]
This is a initial consideration
[1:37:56]
of hc/cpa 23-15, a privately
[1:37:56]
initiated comprehensive plan
[1:37:58]
text amendment of the energy
[1:37:59]
industrial park 2nds of the
[1:38:01]
future land use element.
[1:38:02]
Melissa lienhard will introduce
[1:38:07]
this item.
[1:38:08]
>> hello, everyone.
[1:38:09]
I will start out by saying this
[1:38:11]
is the first time the board is
[1:38:12]
seeing this process, which is
[1:38:14]
based on a recent procedures
[1:38:16]
manual change earlier this
[1:38:16]
year.
[1:38:18]
So the initial consideration
[1:38:20]
process pertains to privately
[1:38:22]
initiated text amendments to the
[1:38:23]
comprehensive plan.
[1:38:24]
So this is our first time all of
[1:38:27]
us navigating this together.
[1:38:30]
So we're here today, would you
[1:38:31]
mind fast forwarding to the
[1:38:32]
aerial.
[1:38:32]
I think it might be slide --
[1:38:33]
there we go.
[1:38:34]
This is perfect.
[1:38:35]
Just to orient everyone.
[1:38:38]
So we're here today because a
[1:38:39]
privately initiated text
[1:38:40]
amendment was submitted for text
[1:38:42]
in the future land use element
[1:38:43]
in the comprehensive plan
[1:38:46]
related to the energy industrial
[1:38:47]
park area.
[1:38:48]
That's generally located on the
[1:38:50]
south side of state road 60
[1:38:51]
between dover road and turkey
[1:38:54]
creek road: if any of you have
[1:38:56]
ever been to midard park, it is
[1:38:57]
directly to the west across
[1:39:00]
turkey creek.
[1:39:02]
The applicant is requesting to
[1:39:04]
modify the text of the existing
[1:39:05]
energy park language within the
[1:39:07]
plan with regard to when certain
[1:39:09]
uses MAY occur on the site.
[1:39:11]
The way the language is adopted
[1:39:13]
today reads that renewable
[1:39:14]
energy producing facilities need
[1:39:16]
to be ready to operate prior to
[1:39:18]
other uses being allowed on the
[1:39:19]
site.
[1:39:20]
The applicant is proposing to
[1:39:24]
modify the language to allow for
[1:39:27]
up to 30% of the allowable uses
[1:39:29]
for industrial, warehousing,
[1:39:30]
distribution, commercial, and
[1:39:32]
office uses that those were all
[1:39:34]
approved as part of the 2010
[1:39:36]
planned development rezoning
[1:39:38]
that accompanied this language
[1:39:38]
being introduced into the
[1:39:41]
comprehensive plan.
[1:39:44]
So the rezoning was approved in
[1:39:45]
2010 and the language was
[1:39:47]
introduced into it
[1:39:48]
the
[1:39:51]
comprehensive plan via a text
[1:39:52]
amendment at that time.
[1:39:52]
As well.
[1:39:54]
So pursuant to the procedural
[1:39:55]
manual changes, once a privately
[1:39:56]
initiated text amendment to the
[1:39:58]
comprehensive plan is applied
[1:39:59]
for, planning commission staff
[1:40:01]
is required to schedule the item
[1:40:02]
for initial consideration which
[1:40:04]
is why we're here today at the
[1:40:06]
meeting of the board of county
[1:40:07]
commissioners, and then the
[1:40:09]
procedures manual further states
[1:40:10]
that the planning commission
[1:40:12]
will prepare a report to
[1:40:14]
accompany the application that
[1:40:16]
needs to include at minimum a
[1:40:18]
determination of resources that
[1:40:22]
are needed for adequate review,
[1:40:22]
a recommendation of a time frame
[1:40:24]
to review the application, and
[1:40:25]
then a recommendation of
[1:40:27]
additional public outreach to be
[1:40:29]
conducted by the applicant
[1:40:33]
beyond what is already required
[1:40:33]
as part of the procedures
[1:40:33]
manual.
[1:40:35]
So in your backup today, I did
[1:40:37]
prepare a memo that was provided
[1:40:39]
to you all outlining those
[1:40:40]
items.
[1:40:41]
I'm here for any questions.
[1:40:42]
I didn't want to go through
[1:40:44]
every single thing line item
[1:40:45]
because I know we have lot to
[1:40:46]
talk about, but I did want to
[1:40:47]
particularly highlight some
[1:40:49]
items under the public outreach
[1:40:51]
requirements.
[1:40:52]
Our -- or recommendations.
[1:40:53]
We have had a lot of citizen
[1:40:54]
interest in this site over the
[1:40:55]
years.
[1:40:56]
We really wanted to make sure
[1:40:57]
that we got it
[1:40:58]
the information
[1:40:59]
out and that we kind of went
[1:41:00]
that extra step beyond what's
[1:41:02]
required in the procedures
[1:41:03]
manual.
[1:41:05]
So one extra thing that we put
[1:41:06]
in the memo suggesting to the
[1:41:08]
board to approve today would be
[1:41:10]
an additional neighborhood
[1:41:11]
meeting, and that would be in
[1:41:13]
addition to the one neighborhood
[1:41:14]
meeting that's outlined in the
[1:41:16]
procedures manual today, and
[1:41:18]
that first meeting that is
[1:41:22]
required for every map amendment
[1:41:23]
that and again, I think I should
[1:41:25]
preface this by saying while
[1:41:26]
this is a text amendment, this
[1:41:28]
does only apply to one
[1:41:30]
geographical area in
[1:41:31]
unincorporated hillsborough
[1:41:32]
county, so it kind of acts a
[1:41:34]
little bit like a map amendment
[1:41:36]
in that way even though it is
[1:41:37]
texnically a text amendment.
[1:41:39]
So woo asked for an extra
[1:41:40]
neighborhood meeting beyond the
[1:41:42]
one that's already listed in the
[1:41:43]
procedures manual for map
[1:41:44]
amendments, and that first
[1:41:47]
meeting that all map amendment
[1:41:48]
applicants have to go through
[1:41:50]
the process for today is it's
[1:41:52]
either an applicant initiated
[1:41:55]
meeting, or if they choose to
[1:41:56]
wait, it can also be a citizen
[1:41:58]
initiated meeting.
[1:42:00]
So they will go through that
[1:42:02]
process if this is approved
[1:42:04]
today per the planning
[1:42:05]
commission staff's
[1:42:06]
recommendations but we would ask
[1:42:07]
for one additional neighborhood
[1:42:10]
meeting beyond that requirement
[1:42:11]
that the applicant would be
[1:42:13]
required for mailed notice of
[1:42:14]
the neighborhood meetings
[1:42:16]
meetings which is typical, but
[1:42:18]
in addition melissa zornitta the
[1:42:19]
executive director of the
[1:42:20]
planning commission attended a
[1:42:22]
couple of the valrico community
[1:42:24]
plan meetings, and she had
[1:42:26]
talked to people even though
[1:42:27]
this is not part of the valrico
[1:42:29]
community plan proposed area, a
[1:42:32]
lot of people are interested in
[1:42:35]
this site, so melissa zornitta
[1:42:36]
had made the commitment that we
[1:42:37]
had a communication list from
[1:42:38]
these meetings that includes
[1:42:40]
several people in the area, and
[1:42:42]
that we would send an e-mail
[1:42:44]
blast to that list, planning
[1:42:45]
commission staff would, once the
[1:42:46]
details of that extra meeting
[1:42:47]
were noted.
[1:42:49]
So we have that noted in the
[1:42:50]
memo as well trying to go above
[1:42:51]
and beyond and really let people
[1:42:53]
know what's happening.
[1:42:55]
The applicant will provide
[1:42:58]
planning commission staff with a
[1:42:59]
sign-in sheet for that meeting
[1:43:00]
as well as a summary of the
[1:43:02]
topics that were covered, and
[1:43:03]
then the comments that were made
[1:43:06]
by members of the public.
[1:43:07]
And then again because this is
[1:43:09]
even though this is a text
[1:43:10]
amendment, it kind of smells and
[1:43:12]
acts like a map amendment, we
[1:43:13]
wanted to make sure that we had
[1:43:15]
signs on this site as well
[1:43:16]
because typically a text
[1:43:18]
amendment would not require
[1:43:19]
signage on the site.
[1:43:23]
So we have asked them to be
[1:43:23]
posted as part of this memo
[1:43:25]
request today at each of the
[1:43:29]
intersections, you know, so a
[1:43:29]
dover and state road 60, at
[1:43:31]
turkey creek and state road 60,
[1:43:33]
and near the subject limits on
[1:43:34]
dover and on turkey creek road
[1:43:35]
as well.
[1:43:39]
And then just to close out here,
[1:43:40]
the procedures manual outlines
[1:43:43]
what should happen at this
[1:43:44]
initial consideration meeting
[1:43:46]
that we're having right now.
[1:43:47]
The applicant will be afforded
[1:43:49]
time to make a presentation and
[1:43:51]
public testimony will also be
[1:43:53]
permitted, and then the board of
[1:43:53]
county commissioners shall tke
[1:43:56]
one of the following actions
[1:43:57]
after review of the report and
[1:44:00]
the testimony by the applicant
[1:44:00]
and citizens.
[1:44:02]
One would be a motion to take no
[1:44:03]
further action on the
[1:44:05]
application, and then a refund
[1:44:07]
of 80% of the amount of the
[1:44:08]
application fee would be
[1:44:09]
provided to the applicant should
[1:44:10]
this occur.
[1:44:12]
And the other option is to allow
[1:44:14]
the application to proceed for
[1:44:15]
review and public hearing in
[1:44:18]
accordance with the procedures
[1:44:21]
manual and then the motion shall
[1:44:22]
address ay of the planning
[1:44:24]
commission's recommendations on
[1:44:26]
the review time frames, the
[1:44:29]
public outreach component and
[1:44:30]
any provision of additional
[1:44:31]
resources for
[1:44:31]
sources
[1:44:32]
source if
[1:44:32]
applicable.
[1:44:33]
So that is what I have to
[1:44:34]
present to you today unless you
[1:44:35]
have any questions.
[1:44:36]
I know chris Mcneal is
[1:44:36]
representing the applicant.
[1:44:38]
He is here today.
[1:44:39]
And is then of course as I said
[1:44:41]
there is also public testimony
[1:44:43]
permitted today as well.
[1:44:44]
>> ken hagan: all right, thank
[1:44:44]
you.
[1:44:44]
>> thank you.
[1:44:47]
>> ken hagan: the applicant like
[1:44:49]
to speak?
[1:44:50]
Good morning, sir.
[1:44:52]
You have three minutes.
[1:44:54]
>> good morning, commissioners.
[1:44:58]
Chris Mcneal, 15957 north
[1:45:00]
florida avenue lutz florida on
[1:45:01]
behalf of the applicant.
[1:45:03]
I appreciate your time.
[1:45:05]
MS. Leinhard did a fantastic job
[1:45:05]
outlining the request.
[1:45:06]
I just wanted to say thank you
[1:45:09]
for that and also just to make
[1:45:12]
sure that it was clear that the
[1:45:14]
request is really generated
[1:45:18]
around a requirement of the as I
[1:45:19]
think we all know this is the
[1:45:22]
only piece of land that ends in
[1:45:26]
eip land use and because of that
[1:45:28]
the conditions are outlined,
[1:45:30]
they are site specific, there is
[1:45:31]
a site specific section in the
[1:45:32]
land use requirements for this
[1:45:32]
also generated throughout the
[1:45:36]
document as well.
[1:45:37]
We're planning to work with what
[1:45:38]
is already there and just make a
[1:45:40]
more specific request about the
[1:45:43]
timing of the construction, so
[1:45:44]
increase in density, no increase
[1:45:46]
enwhat is already allowed from a
[1:45:47]
land use standpoint.
[1:45:49]
It's just simply aloing some of
[1:45:51]
that allowed density -- before
[1:45:52]
the energy component is in
[1:45:53]
play.
[1:45:54]
That'll allow the owners of the
[1:45:57]
property to be able to get some,
[1:45:57]
generate some traction, some
[1:45:59]
momentum and some revenues that
[1:46:00]
would otherwise be able to help
[1:46:03]
support that; so that in summary
[1:46:04]
is the request.
[1:46:05]
I'm available for questions
[1:46:06]
should you have any.
[1:46:11]
>> ken hagan: thank you, sir.
[1:46:12]
It's a public hearing.
[1:46:13]
Would anyone like to speak to
[1:46:13]
this item?
[1:46:16]
Commissioner owen?
[1:46:17]
>> michael owen: thank you,
[1:46:18]
MR. CHAIRMAN.
[1:46:19]
And I probably get more
[1:46:22]
questions about this red herring
[1:46:24]
in my district than any other
[1:46:25]
property I would say.
[1:46:28]
More than rp 2 and wvr 2 and
[1:46:29]
I've attended every valrico
[1:46:33]
community plan meeting, and
[1:46:34]
people just like me scratch
[1:46:38]
their heads on why this even
[1:46:39]
exists.
[1:46:40]
If you'll notice where it is
[1:46:43]
it's right ot near our
[1:46:44]
agricultural community and the
[1:46:45]
parks.
[1:46:48]
MR. Gormly, would your clarify
[1:46:50]
why this is an energy park.
[1:46:51]
It's 3,000 acres, a very large
[1:46:54]
parcel of property, could you
[1:46:55]
clarify for the public why it is
[1:46:57]
an energy park?
[1:46:57]
>> yes, sir.
[1:47:00]
So this area is designated an
[1:47:01]
energy park due to the energy
[1:47:03]
industrial park future land use
[1:47:04]
category and the associated
[1:47:12]
zoning that implements those
[1:47:13]
requirements.
[1:47:15]
The project was an extension of
[1:47:17]
this energy producing use
[1:47:19]
options, and the expapgz of
[1:47:21]
expansion of the urban service
[1:47:21]
area was solely if
[1:47:24]
solely for
[1:47:25]
the purpose of accommodating
[1:47:27]
that energy production use.
[1:47:27]
>> michael owen: it's extremely
[1:47:28]
slow moving and probably will
[1:47:29]
continue to be, right?
[1:47:32]
I mean, this is going to be a
[1:47:33]
50-year project the way it looks
[1:47:34]
to me on how slow that we're
[1:47:37]
moving with any type of
[1:47:38]
development on this property.
[1:47:39]
is that safe to say?
[1:47:40]
>> it is safe to say.
[1:47:43]
There was initial user, it was
[1:47:44]
identified at the time of the
[1:47:46]
privately initiated amendment.
[1:47:50]
That user did not materialize as
[1:47:52]
envisioned, so there has been
[1:47:53]
some inquiries about the
[1:47:56]
property, but have not had that
[1:47:58]
I'm aware of a bona fide user
[1:48:00]
for the energy production use.
[1:48:01]
>> michael owen: and what the
[1:48:02]
applicant is trying to do here
[1:48:05]
from my understanding is there
[1:48:08]
is timing mechanisms in order to
[1:48:10]
develop that do not comply with
[1:48:12]
that energy efficient, the
[1:48:14]
energy efficient requirements.
[1:48:14]
Is that fair to say?
[1:48:16]
Is that --
[1:48:18]
>> yes, the energy use was, is
[1:48:19]
currently required to be the
[1:48:22]
primary use, and other approved
[1:48:25]
and ancillary uses need
[1:48:27]
currently need to farlo
[1:48:28]
follow
[1:48:29]
the establishment of the energy
[1:48:30]
use, and that is what the
[1:48:32]
applicant is seeking to change
[1:48:33]
with this amendment.
[1:48:34]
>> ken hagan: yeah, and
[1:48:40]
MS. Leinhard, I was going to
[1:48:42]
move the privately initiated
[1:48:44]
text amendment, so technically
[1:48:45]
I'm in a spot where I want to
[1:48:48]
make a motion to approve what
[1:48:50]
the applicant is requesting, but
[1:48:52]
now you've mentioned about
[1:48:55]
requiring the applicant or
[1:48:57]
citizen initiated meeting where
[1:48:58]
you're saying that needs to be
[1:49:04]
part of the motion?
[1:49:06]
Could you clarify that for me?
[1:49:07]
>> no problem.
[1:49:08]
Today there are one of two
[1:49:09]
motions available.
[1:49:10]
One, to take no further action
[1:49:12]
and the application will be
[1:49:13]
essentially withdrawn, and the
[1:49:14]
applicant will receive a
[1:49:15]
refund.
[1:49:16]
If you all choose to move the
[1:49:18]
application forward, that is the
[1:49:19]
other option, and then I would
[1:49:22]
ask that you opine on the memo
[1:49:25]
and the three, you know, the
[1:49:29]
extra public outreach and the
[1:49:31]
timeline and then see if that is
[1:49:32]
what everybody is thinking is a
[1:49:34]
great idea or if there is any
[1:49:35]
modifications proposed changes
[1:49:36]
then you could let us know
[1:49:37]
today, give us that direction,
[1:49:39]
and then that would be your
[1:49:40]
motion.
[1:49:42]
For today for to move forward
[1:49:43]
with the traditional public
[1:49:45]
hearing process and procedures,
[1:49:47]
it would not remain as part of
[1:49:50]
the JULY cycle of plan
[1:49:51]
amendments just because this is
[1:49:52]
going to follow its own path as
[1:50:05]
far as time frame is concerned.
[1:50:06]
>> michael owen: MR. Mcneal
[1:50:07]
can you tell me what you're
[1:50:07]
asking for today then?
[1:50:09]
>> yes, sir, commissioner.
[1:50:10]
To address that and the ask, I
[1:50:12]
think the ask is really just if
[1:50:14]
it's to move the case forward to
[1:50:16]
allow the text amendment to be
[1:50:19]
able to be heard at a publicly
[1:50:20]
initiated request.
[1:50:24]
But to speak to additional
[1:50:25]
public outreach meeting and
[1:50:26]
posting of the signs, I think
[1:50:28]
given the uniqueness of the
[1:50:29]
property and we've talked about
[1:50:31]
the schedule prior to this, I
[1:50:32]
don't, we don't have any
[1:50:35]
objection to that.
[1:50:36]
I think it's good due
[1:50:36]
diligence.
[1:50:38]
So as far as those requests and
[1:50:40]
the timeline, I would, I think
[1:50:41]
that obviously everybody would
[1:50:44]
need to speak to, but from her
[1:50:45]
additional request of that,
[1:50:48]
that's not a problem for the
[1:50:48]
applicant.
[1:50:49]
>> michael owen: okay so if I
[1:50:50]
made a motion to move the
[1:50:51]
application forward with the
[1:50:54]
condition of having a, the
[1:50:55]
applicant -- having a publicly
[1:50:56]
initiated meeting, thatt would
[1:50:58]
be fine?
[1:50:59]
>> yes, I would ask if there is
[1:51:01]
anything else within the memo,
[1:51:02]
because there are three subjects
[1:51:04]
that we addressed, the
[1:51:06]
determination of the resources
[1:51:07]
needed for adequate review.
[1:51:09]
We asked for a few items under
[1:51:10]
that.
[1:51:12]
; but we did say that we can do
[1:51:14]
that with adequate staff time so
[1:51:15]
no consultant needed.
[1:51:16]
And then the time frame would be
[1:51:17]
just when we receive those
[1:51:19]
items, evaluating those and then
[1:51:20]
looking at the next available
[1:51:22]
public hearing schedule, and
[1:51:23]
this is a text amendment, so it
[1:51:24]
would need a transmittal hearing
[1:51:27]
and an adoption hearing as well
[1:51:28]
as of course we would come back
[1:51:30]
to you again with a workshop
[1:51:31]
like you're doing on wednesday
[1:51:33]
for the other items in the JULY
[1:51:34]
cycle, so it would follow the
[1:51:35]
traditional schedule.
[1:51:37]
And then the other thing is the
[1:51:38]
extra outreach items that we
[1:51:40]
listed, if everyone's
[1:51:41]
comfortable with those things,
[1:51:42]
then we can move forward as
[1:51:43]
everything listed sovment eif
[1:51:44]
there
[1:51:45]
So if there is anything you want
[1:51:48]
to modify, let me know.
[1:51:48]
>> michael owen: you're making
[1:51:49]
this hard for me.
[1:51:50]
>> I'm sorry.
[1:51:51]
You can move forward with
[1:51:53]
anything in the memo as is or
[1:51:54]
you can suggest any changes.
[1:51:55]
If someone thinks there should
[1:51:56]
be an additional sign somewhere,
[1:51:56]
let me know.
[1:51:57]
Something like that.
[1:51:59]
>> michael owen: okay.
[1:52:01]
Well, I'll move forward with the
[1:52:03]
application with the additional
[1:52:05]
outreach and to follow the
[1:52:06]
requirements consistent with
[1:52:10]
what's in the memo.
[1:52:11]
>> ken hagan: okay we got a
[1:52:12]
motion by commissioner owen,
[1:52:13]
second by commissioner wostal.
[1:52:16]
Commissioner kemp.
[1:52:20]
>> pat kemp: thank you.
[1:52:27]
This is a huge project.
[1:52:30]
I think it's important to first
[1:52:31]
look at a little bit just to
[1:52:34]
know a little bit of the history
[1:52:35]
here which if you could just,
[1:52:37]
can we put up a map of the urban
[1:52:39]
service area which actually
[1:52:41]
shows how this piece is out
[1:52:44]
there at 60, this huge piece
[1:52:47]
over all that the current text
[1:52:49]
amendment covers that's
[1:52:50]
3,000 acres, correct?
[1:52:52]
>> I do have an aerial that was
[1:52:53]
provided by the applicant on
[1:52:56]
this powerpoint, which I had up
[1:52:57]
previously, and then I also have
[1:52:59]
a copy of the certified site
[1:53:00]
plan, but those do not show the
[1:53:01]
urban service area boundary.
[1:53:02]
>> pat kemp: I would like to
[1:53:03]
show it with the bigger urban
[1:53:06]
service area and how this is a
[1:53:11]
huge chunk out of 3,000 acres I
[1:53:13]
think to the east out of 60
[1:53:18]
where we have just heard very,
[1:53:22]
you know, and this board was
[1:53:24]
sympathetic to hearing it, about
[1:53:25]
how they were talking about
[1:53:26]
their massive traffic issues
[1:53:29]
there on 60 right there where it
[1:53:31]
is two lanes by the way.
[1:53:32]
And this directs out into it,
[1:53:34]
this is like open territory
[1:53:37]
here, but can we, not this
[1:53:40]
picture, I want the picture of
[1:53:42]
the -- just give me the urban
[1:53:43]
service line picture, do we have
[1:53:43]
that somewhere?
[1:53:45]
I just think that that is really
[1:53:47]
relevant and important for us to
[1:53:48]
understand here.
[1:53:48]
>> I appreciate that.
[1:53:50]
I do not have a map that shows
[1:53:51]
that particularly, but I will
[1:53:53]
certainly take that direction if
[1:53:55]
this moves forward for the
[1:53:55]
workshop.
[1:53:57]
I can certainly bring a larger
[1:53:59]
zoomed out aerial of this site
[1:54:01]
in relation to where the urban
[1:54:02]
service area boundary is, and is
[1:54:04]
then also something more zoomed
[1:54:05]
in that shows the site itself.
[1:54:06]
>> ken hagan: so the, and I've
[1:54:08]
talked about this before.
[1:54:09]
So, and I uctad about it when we
[1:54:11]
were talking -- talked about it
[1:54:13]
when we were talking about 60
[1:54:13]
and the traffic out there and
[1:54:14]
everything.
[1:54:19]
And when we're all these
[1:54:20]
discussions about the urban
[1:54:21]
service area and moving it
[1:54:22]
making the bigger.
[1:54:24]
This is a massive, massive piece
[1:54:26]
of property that sits out to the
[1:54:29]
edge of east county.
[1:54:31]
It just kind of chunks outlet.
[1:54:31]
It
[1:54:33]
out -- out.
[1:54:38]
It was passed in 2010 at the
[1:54:40]
time under what I thought was a
[1:54:41]
ridiculous premise that was
[1:54:43]
pushed forward to have this
[1:54:44]
3,000-acre place be this massive
[1:54:46]
energy park, that's what the
[1:54:47]
text amendment says.
[1:54:50]
It had to have two energy pieces
[1:54:54]
to it at the time we didn't have
[1:54:56]
things like solar panel farms or
[1:54:58]
things like that.
[1:55:01]
It had, it already has massive,
[1:55:02]
massive implications in
[1:55:04]
development in this totally
[1:55:06]
pretty much pristine area
[1:55:06]
there.
[1:55:08]
I had asked before because part
[1:55:12]
of it is phosphate mined and
[1:55:14]
supposedly that area can't be
[1:55:14]
built on.
[1:55:17]
I'd like to know what part of
[1:55:20]
that area can't be developed.
[1:55:22]
I don't think we have that
[1:55:22]
answer yet.
[1:55:23]
I'd like to know that.
[1:55:25]
I'd like to know this in the
[1:55:27]
context of the entire
[1:55:28]
3,000 acres.
[1:55:30]
I don't even, how many acres is
[1:55:31]
this that they have marked out
[1:55:37]
in this text amendment?
[1:55:38]
>> MR. Mcneal, would you mind
[1:55:40]
answering that question?
[1:55:41]
Because it doesn't pertain to
[1:55:44]
the full 3,000, so the portions,
[1:55:47]
the a, b, c, g, and h that you
[1:55:48]
had indicated on the site plan
[1:55:50]
that's part of the backup.
[1:55:51]
Do you have an indication of how
[1:55:57]
many roughly acres that would
[1:55:58]
be?
[1:55:59]
>> okay, so I don't, ma'am, to
[1:56:01]
be honest with you, know the
[1:56:02]
exact number of acres.
[1:56:02]
I could look at that.
[1:56:04]
It was really more focused on
[1:56:04]
the text amendment.
[1:56:07]
The text amendment is, you know,
[1:56:08]
there is a certain amount that
[1:56:10]
ties to the plan, and the plan
[1:56:12]
would be part of this process
[1:56:15]
ultimately if should it be the
[1:56:17]
commissioners' desire to move it
[1:56:18]
forward.
[1:56:19]
So north of that, there's kind
[1:56:21]
of a demarcation line through
[1:56:23]
that eip area and north of that
[1:56:27]
is where the development is
[1:56:27]
allowed.
[1:56:30]
There are conditions all through
[1:56:31]
there.
[1:56:32]
>> pat kemp: all right.
[1:56:33]
Well, I think this is certainly
[1:56:37]
not ready for primetime at this
[1:56:37]
time.
[1:56:40]
I think this is a huge step
[1:56:41]
without very much knowledge at
[1:56:42]
all.
[1:56:44]
The other thing is it really
[1:56:45]
bothers me to hear about the
[1:56:49]
energy park was the reason two
[1:56:54]
types of energy in this crazy
[1:56:55]
crapgz that
[1:56:57]
crapgz that was
[1:57:00]
mysterious passed in 2010 to
[1:57:01]
open up this massive area of the
[1:57:02]
urban service area.
[1:57:03]
So this is in the urban service
[1:57:03]
area.
[1:57:04]
The line went around it.
[1:57:07]
We will be paying for all the
[1:57:08]
infrastructure that we might
[1:57:09]
need here by the way.
[1:57:12]
This is just a massive burden
[1:57:14]
that we're putting on us now
[1:57:15]
when we don't even have the
[1:57:16]
infrastructure in place for what
[1:57:18]
we have.
[1:57:21]
But secondly, the, I don't see
[1:57:25]
any reason why there can't be a
[1:57:26]
renewable energy for the
[1:57:29]
300 acres or so that is promised
[1:57:31]
already first because I know
[1:57:33]
that there is lots of places
[1:57:36]
that are very interested in at
[1:57:39]
least 300 acres of solar
[1:57:39]
panels.
[1:57:40]
In fact I think they have said
[1:57:42]
that they have, you know, that a
[1:57:44]
minimum of 100 acres, so I can't
[1:57:48]
see why that can't be part of
[1:57:50]
the promise was made as part of
[1:57:51]
this, it was originally
[1:57:54]
developed totally for that
[1:57:57]
supposedly, and it's always been
[1:58:02]
a, you know, camel's nose under
[1:58:02]
the tent.
[1:58:04]
I never expected to have the
[1:58:05]
original park developed.
[1:58:07]
It was just breaking open
[1:58:09]
3,000 acres of the urban service
[1:58:09]
area.
[1:58:12]
Then secondly, we have -- we
[1:58:14]
passed last year, because the
[1:58:17]
first proposal never made any
[1:58:18]
sense anyway, but I couldn't see
[1:58:22]
a reason.
[1:58:24]
we were asked to change the text
[1:58:26]
amendment to not make it be two
[1:58:27]
types of energy because that
[1:58:28]
didn't make any sense.
[1:58:31]
It never really made any sense,
[1:58:32]
but we did that because it
[1:58:35]
didn't make any sense.
[1:58:36]
But I was hoping at least that
[1:58:39]
out of this we could first get
[1:58:40]
like I couldn't imagine anything
[1:58:43]
else that it could be besides
[1:58:46]
several hundred acres of, you
[1:58:47]
know, solar panels.
[1:58:49]
And I don't see any reason why
[1:58:51]
that can't as the text amendment
[1:58:52]
stated, and as we were asked to
[1:58:55]
do last year, why that can't at
[1:58:57]
least initially define this
[1:59:00]
because that would make a good
[1:59:01]
use for this community.
[1:59:06]
Make a good use for whoever has
[1:59:09]
the land and would require less
[1:59:11]
infrastructure out there at this
[1:59:14]
time than so much else would.
[1:59:20]
So I, you know, I think this is
[1:59:22]
just a huge chunk without very,
[1:59:24]
understanding this at all, I
[1:59:26]
obviously won't be supporting it
[1:59:28]
now, and I just think we have to
[1:59:30]
be so much more careful about
[1:59:31]
this, and if these areas want to
[1:59:33]
be developed, I just think -- it
[1:59:37]
should probably be done in
[1:59:39]
tandem with a zoning arrangement
[1:59:39]
of some sort.
[1:59:40]
So we understand what's going
[1:59:44]
out there, what impacts are, on
[1:59:45]
what infrastructure we ned.
[1:59:49]
It just, I mean, this is huge
[1:59:52]
with so little information.
[1:59:56]
I'm kind of, you know, stunned.
[1:59:57]
I always wondered how this was
[2:00:01]
going to come, but, I obviously
[2:00:02]
am not supporting this, and I
[2:00:04]
think we have many, many more
[2:00:05]
questions, and this should be
[2:00:07]
pushed down the road at this
[2:00:09]
time because I just think, and
[2:00:12]
I'd like to see that energy
[2:00:16]
park, whatever it be, finally,
[2:00:17]
put in first, and I don't see
[2:00:20]
where that is a, a burden to
[2:00:22]
this because I think there's a
[2:00:27]
lot of interest in that, you
[2:00:29]
know, by several large interests
[2:00:31]
in the area.
[2:00:32]
>> ken hagan: commissioner
[2:00:33]
cohen.
[2:00:34]
>> harry cohen: yeah, I just
[2:00:35]
want to get some clarification
[2:00:36]
from the staff.
[2:00:39]
I was under the impression that
[2:00:41]
this motion would result in a
[2:00:43]
workshop taking place to have a
[2:00:44]
discussion of all this.
[2:00:47]
And if, is that correct?
[2:00:48]
>> yes, if I MAY.
[2:00:51]
This is an extra step before all
[2:00:52]
of that gets started.
[2:00:54]
Before the typical process of a
[2:01:01]
workshop to public hearings.
[2:01:03]
>> harry cohen: so wouldn't the
[2:01:04]
moment to talk about this be in
[2:01:05]
a workshop setting where we have
[2:01:12]
opportunity to be briefed by the
[2:01:12]
staff?
[2:01:13]
You have clearly raise adton of
[2:01:14]
issues here but it seems to me
[2:01:16]
that the motion was to lay it on
[2:01:23]
the table and talk about it.
[2:01:24]
I'm trying to see if that is
[2:01:25]
maybe where it takes us.
[2:01:27]
>> if I MAY, the motion would be
[2:01:27]
to proceed or not to proceed
[2:01:28]
today.
[2:01:33]
That is the motion.
[2:01:35]
>> ken hagan: any of the board
[2:01:35]
comments?
[2:01:36]
If not, we have a motion to
[2:01:38]
approve by commissioner owen,
[2:01:39]
second commissioner wostal.
[2:01:41]
Commissioner myers.
[2:01:42]
>> gwen myers: a point of
[2:01:43]
clarification because I was
[2:01:45]
under the impression that the
[2:01:48]
vote would lead to the
[2:01:48]
workshop.
[2:01:50]
We vote yes and we move into the
[2:01:51]
workshop.
[2:01:52]
Is that --
[2:01:53]
>> ken hagan: yes.
[2:01:54]
>> gwen myers: okay, thank you.
[2:01:54]
>> ken hagan: okay.
[2:01:55]
No other comments, please record
[2:02:01]
your vote.
[2:02:09]
>> motion carried 6-1,
[2:02:10]
commissioner kemp voted no.
[2:02:12]
>> ken hagan: last item?
[2:02:14]
>> item I-1.
[2:02:16]
A report on the comprehensive
[2:02:17]
plan and land development code
[2:02:18]
of the community requirements
[2:02:19]
for wimauma.
[2:02:20]
Adam gormly will speak to this
[2:02:21]
item.
[2:02:24]
>> commissioners, item I-1 is a
[2:02:25]
report requested by the board at
[2:02:27]
the JULY land use meeting.
[2:02:30]
This was in the context of
[2:02:31]
considering council grower's
[2:02:33]
rezoning application, which was
[2:02:35]
approved by this board.
[2:02:37]
That was the first rezoning that
[2:02:41]
the board has heard under the
[2:02:43]
new wimauma village residential
[2:02:43]
rules.
[2:02:45]
Just brief background, the area
[2:02:47]
of wimauma is covered by a
[2:02:48]
community plan.
[2:02:50]
And within that community plan
[2:02:54]
there are some future land use
[2:02:56]
categories that are wimauma,
[2:02:59]
residential village 2, sorry,
[2:03:00]
wimauma village residential two,
[2:03:01]
wvr-2.
[2:03:03]
These are areas that were
[2:03:06]
previously designated as rp-2,
[2:03:07]
residential plan-2.
[2:03:09]
But during the 2007
[2:03:13]
establishment of the wimauma
[2:03:14]
community plan, they were
[2:03:15]
changed to the wvr-2 future land
[2:03:18]
use category.
[2:03:19]
That category previously
[2:03:26]
required that certain job and
[2:03:29]
shopping square footage be in
[2:03:30]
place to support residential
[2:03:32]
development within the village.
[2:03:34]
That was the subject of several
[2:03:35]
rezonings, and also several
[2:03:40]
challenges.
[2:03:42]
In response to some feedback the
[2:03:45]
board received, there was
[2:03:46]
direction to review the wimauma
[2:03:49]
community plan.
[2:03:53]
As part of that, there was a set
[2:03:57]
of regulations developed for
[2:03:59]
wvr-2 land use categories, and
[2:04:00]
those established criteria
[2:04:01]
needed to be met in order to
[2:04:06]
develop the category at greater
[2:04:09]
than the base one uit per five
[2:04:10]
jakers, up to the two units per
[2:04:17]
one acre maximum.
[2:04:19]
The regulations have
[2:04:19]
requirements that include open
[2:04:26]
space and designing the project
[2:04:28]
in blocks, and this report is a
[2:04:29]
requirement that community
[2:04:31]
benefits be required.
[2:04:36]
So the community benefits are
[2:04:36]
either on-site or off-site
[2:04:40]
elements that are required of
[2:04:40]
developments depending on the
[2:04:44]
project size.
[2:04:48]
The community benefits are
[2:04:50]
projects that are less than 25
[2:04:50]
acres.
[2:04:52]
There's one community benefit
[2:04:54]
required, up to a total of six
[2:04:54]
for projects that are greater
[2:04:58]
than 320 acres.
[2:05:00]
The community benefits are
[2:05:01]
listed in the report.
[2:05:04]
There are eight options to
[2:05:06]
choose from.
[2:05:08]
Those options are construction
[2:05:11]
of a trail or connection to a
[2:05:11]
trail, land dedication to the
[2:05:17]
county for use by recreational,
[2:05:19]
public or civic uses;
[2:05:20]
construction of new
[2:05:22]
non-residential uses in the
[2:05:24]
wimauma downtown; providing a
[2:05:25]
benefit that indirectly
[2:05:29]
contributes to furthering a
[2:05:30]
defined goal within the wimauma
[2:05:31]
community plan.
[2:05:32]
And those are the first tier 1
[2:05:35]
benefits.
[2:05:37]
Each project is required to have
[2:05:40]
at least one tier 1 benefit.
[2:05:41]
There's four more in tier 2 and
[2:05:42]
those through transfer of
[2:05:46]
development rights at a minimum
[2:05:48]
of 10% from the development
[2:05:50]
parcel to the wimauma downtown;
[2:05:53]
next is land dedication for
[2:05:56]
elapp; and the next one is
[2:05:58]
increase in internal or
[2:06:01]
recreation open space; and the
[2:06:04]
last is construction of on-site
[2:06:05]
non-residential uses within the
[2:06:08]
required neighborhood center.
[2:06:13]
This is a fairly new concept for
[2:06:13]
the county.
[2:06:14]
It does exist in wimauma
[2:06:16]
village.
[2:06:18]
The concept of community
[2:06:19]
benefits, although they're a
[2:06:25]
little bit different, are also
[2:06:28]
present in the new rp-2
[2:06:28]
regulations.
[2:06:29]
However those are not effective
[2:06:30]
due to a challenge to the
[2:06:30]
comprehensive plan amendment.
[2:06:34]
That is the sort of structure
[2:06:39]
base of the community benefits.
[2:06:39]
I'll also note that the land
[2:06:44]
development code requires that
[2:06:46]
there be public meetings held
[2:06:47]
for before an application is
[2:06:50]
filed and post-filing.
[2:06:54]
And those are to be notified to
[2:06:55]
registered civic associations,
[2:06:57]
and neighborhood organizations,
[2:06:59]
and the purpose of those
[2:07:00]
meetings is to discuss the
[2:07:03]
provision of community benefits.
[2:07:06]
So, again, this topic did come
[2:07:08]
up in discussion with the
[2:07:10]
council grower's rezoning, and
[2:07:11]
the board directed this report
[2:07:13]
for a separate discussion today.
[2:07:15]
It would be not intertwined with
[2:07:17]
that ten pending application.
[2:07:20]
I'm available for any questions
[2:07:20]
the board MAY have, or
[2:07:21]
additional information that is
[2:07:24]
needed.
[2:07:25]
>> ken hagan: all right.
[2:07:25]
Thank you.
[2:07:26]
Commissioner wostal?
[2:07:27]
>> joshua wostal: thank you,
[2:07:28]
MR. Chair.
[2:07:31]
And thank you, MR. Gormly,
[2:07:34]
for -- and MISS Zornitta, who is
[2:07:35]
not here, we had a lot of
[2:07:36]
meetings about this.
[2:07:39]
And we uncovered a lot of
[2:07:41]
information, a lot of
[2:07:41]
potentially concerning
[2:07:42]
information.
[2:07:43]
I'm not going to rehash all of
[2:07:44]
that today.
[2:07:46]
I think that community benefits
[2:07:46]
is a good idea that went
[2:07:50]
severely awry.
[2:07:52]
And for right now, it was
[2:07:54]
relegated to only one small area
[2:07:56]
of the county, and it's looking
[2:07:57]
to creep into a second one right
[2:07:57]
now.
[2:07:59]
But I see in the notes here that
[2:08:01]
we have a challenge going on.
[2:08:04]
And that's the only reason that
[2:08:05]
it hasn't progressed further
[2:08:06]
than wvr-2.
[2:08:07]
Correct?
[2:08:07]
Because there's some type of
[2:08:08]
pending litigation about the
[2:08:13]
community benefits?
[2:08:15]
I mean, fellow board members,
[2:08:20]
we -- I've uncovered things down
[2:08:23]
from private, nondisclosed,
[2:08:24]
nonrecorded negotiations of
[2:08:28]
people's private property
[2:08:29]
rights, to these community
[2:08:33]
development benefits creating an
[2:08:34]
unsafe environment for those
[2:08:36]
that were involved in the
[2:08:37]
application process, being
[2:08:39]
warned that the temperature of
[2:08:41]
things that were happening in
[2:08:43]
wimauma could produce an unsafe
[2:08:44]
environment for individuals
[2:08:45]
entering that area.
[2:08:47]
I believe that this is not the
[2:08:48]
intent of government.
[2:08:52]
i believe that this is not the
[2:08:53]
intent of what a community
[2:08:55]
benefit plan is supposed to
[2:08:56]
establish.
[2:08:58]
I believe that a community
[2:09:01]
benefit plan giving citizens
[2:09:02]
power to say what they believe
[2:09:04]
would be a benefit to their
[2:09:04]
community is good.
[2:09:06]
But most of the time, when you
[2:09:08]
hear what the benefits are, that
[2:09:09]
residents want to be able to
[2:09:11]
override and say, well we know
[2:09:12]
you don't think that a stop
[2:09:14]
light might go there, but we
[2:09:15]
drive there, and we want a stop
[2:09:18]
light at that intersection,
[2:09:18]
before you put 500 homes or 500
[2:09:21]
apartments there.
[2:09:23]
And we want maybe a community
[2:09:25]
benefit is that we want that
[2:09:28]
stop light to be done before the
[2:09:29]
development goes into effect,
[2:09:31]
instead of aftrwards.
[2:09:33]
And, those can be established
[2:09:34]
through maybe allowing the
[2:09:36]
community benefits to reach an
[2:09:37]
agreement with developers about
[2:09:40]
the use of their mobility fees.
[2:09:42]
And making sure that those
[2:09:43]
mobility fees stay directly in
[2:09:46]
their neighborhood pip know that
[2:09:47]
we have been reached out to
[2:09:49]
about some things that are going
[2:09:51]
down there in progress village.
[2:09:51]
So, I look forward to hearing
[2:09:54]
what everyone's thoughts are.
[2:09:55]
I don't feel the need to rehash
[2:09:56]
everything that was discussed
[2:10:01]
during the -- on my birthday
[2:10:02]
during the JULY 18th land use
[2:10:03]
meeting.
[2:10:06]
But I am going to make,
[2:10:08]
MR. Chair, I'm going to make one
[2:10:09]
motion, in that motion prevails
[2:10:10]
I'm going to make a secondary
[2:10:13]
motion.
[2:10:16]
I motion to direct county staff
[2:10:20]
to work with the planning
[2:10:23]
commission to present options
[2:10:26]
that develop a uniform community
[2:10:29]
benefit code for all of
[2:10:30]
hillsborough county.
[2:10:33]
And the intent of that is to
[2:10:34]
reduce this -- this community
[2:10:37]
plan has one set of rules, this
[2:10:39]
community plan has no set of
[2:10:40]
rules.
[2:10:41]
And how many community plans do
[2:10:42]
we have in hillsborough county?
[2:10:43]
It's 22.
[2:10:44]
Okay, I thought it was 23.
[2:10:47]
And that could create, also an
[2:10:50]
unknown safry and untenable
[2:10:51]
regulatory process.
[2:10:53]
Just if we're going to continue
[2:10:55]
this for the community benefits,
[2:10:56]
that the we create one uniform
[2:10:58]
plan, bring those options back,
[2:10:59]
please include some of those
[2:11:01]
things I've said, about
[2:11:08]
empowering those areas to
[2:11:08]
neighbor reappropriate the
[2:11:10]
mobility feet fee if that's what
[2:11:11]
we're looking for.
[2:11:12]
Certainly that those to be
[2:11:15]
included in there would be that
[2:11:17]
there's only one required
[2:11:21]
meeting, and that at the same
[2:11:26]
time, MR. Gormly, how many
[2:11:27]
neighborhood associations were
[2:11:31]
in this area?
[2:11:37]
>> at the time, at the time of
[2:11:38]
the council grower's zoning
[2:11:40]
there was one registered.
[2:11:41]
>> joshua wostal: how many are
[2:11:42]
getting denied because of our
[2:11:45]
outdayed 20-year-old process?
[2:11:46]
>> I'm -- there was one other
[2:11:48]
that was applying that was not
[2:11:50]
able to qualify at that time.
[2:11:53]
I believe they have now resolved
[2:11:53]
that.
[2:11:56]
At the time there was only one.
[2:11:57]
>> joshua wostal: so in this
[2:11:58]
overhaul then, we need to, if
[2:12:02]
we're going to be including and
[2:12:04]
requiring that properly
[2:12:04]
registered neighborhood
[2:12:05]
associations are the ones that
[2:12:08]
are notified, that we have to
[2:12:09]
make it ease of access for
[2:12:10]
citizens that are just -- if
[2:12:12]
it's one person in a community,
[2:12:13]
and I don't know if that needs
[2:12:15]
to be a separate motion, but
[2:12:17]
it's all tied in to this one
[2:12:19]
community benefits kind of
[2:12:20]
language, that we require these
[2:12:21]
neighborhood associations to be
[2:12:23]
noticed, that if it's one
[2:12:24]
person, that doesn't like the
[2:12:25]
other 99 people in their
[2:12:27]
neighborhood, and they want to
[2:12:28]
be an association of one, then
[2:12:30]
by golly, they need to have --
[2:12:31]
if we're going to require them
[2:12:32]
to be a part of one of these to
[2:12:33]
have access to notice, then
[2:12:36]
that's what we must do.
[2:12:39]
So, my motion is very simply to
[2:12:41]
overhaul the community benefits
[2:12:42]
neighborhood association
[2:12:44]
registration process to make it
[2:12:45]
unified, uniform code throughout
[2:12:49]
hillsborough county.
[2:12:49]
>> ken hagan: okay we have a
[2:12:50]
motion by commissioner wostal.
[2:12:54]
Do we have a second?
[2:12:55]
>> michael owen: well, I think I
[2:12:57]
MAY ask first, MR. CHAIRMAN,
[2:12:58]
just ask some questions?
[2:12:59]
>> ken hagan: technically we
[2:13:00]
really need to have a second on
[2:13:01]
the floor.
[2:13:02]
>> michael owen: I'll second.
[2:13:08]
>> ken hagan: okay.
[2:13:08]
Commissioner owen?
[2:13:09]
>> michael owen: and just some
[2:13:10]
questions.
[2:13:11]
So uniform community benefits.
[2:13:13]
You know, because, you know, we
[2:13:14]
have community plans, and then
[2:13:15]
you add this other layer of
[2:13:18]
community benefits, and, you
[2:13:22]
know, seffner is different than
[2:13:23]
carrollwood and carrollwood is
[2:13:25]
different -- so I want to make
[2:13:28]
sure when we're talking about a
[2:13:29]
uniform community benefits are
[2:13:32]
those just going to be basic
[2:13:35]
requirements, rather than --
[2:13:38]
rather than hey, you must donate
[2:13:39]
property to elapp or you must
[2:13:41]
negotiate away your brokerage
[2:13:44]
rights to resell whatever amount
[2:13:45]
of affordable housing any of
[2:13:47]
these many issues that arose.
[2:13:47]
That they're well defined and
[2:13:48]
restricted and controlled.
[2:13:51]
>> michael owen: okay.
[2:13:52]
Yeah, because I think these
[2:13:53]
community plans, one of the
[2:13:55]
reasons I pushed to do a valrico
[2:13:56]
community plan is, you know,
[2:13:58]
these communities are different.
[2:13:59]
And valrico wants something
[2:14:01]
different than brandon, and
[2:14:01]
brandon wants something
[2:14:02]
different than carrollwood.
[2:14:03]
So if that's the case, I
[2:14:08]
understand the motion.
[2:14:11]
The question I have, and this is
[2:14:11]
unique.
[2:14:14]
This is my district the rp-2 and
[2:14:15]
the wvr-2 and it's obviously
[2:14:16]
very contentious.
[2:14:17]
And I really commend people in
[2:14:19]
the community for wanting to
[2:14:21]
have a say in how their
[2:14:22]
community's developed.
[2:14:23]
I've learned firsthand, I grew
[2:14:26]
up in brandon, and river view,
[2:14:28]
and I learned firsthand what
[2:14:29]
it's like whenever the community
[2:14:30]
does not really engage and we
[2:14:31]
just start throwing up
[2:14:32]
commercial property and then
[2:14:34]
residential property.
[2:14:36]
But I also think, you know,
[2:14:37]
having a process that's a little
[2:14:39]
more uniform throughout the
[2:14:41]
county makes sense, because in
[2:14:47]
this case, you know, MR. Gormly,
[2:14:48]
just to clarify, there's a task
[2:14:51]
force to this attached to the
[2:14:51]
wvr-2, as well.
[2:14:55]
I wanted to make sure that for
[2:14:55]
the public, because I've got a
[2:14:56]
lot of questions on this, when
[2:14:59]
developers are negotiating, or
[2:15:01]
however you want to put it, the
[2:15:03]
community benefits plan, in
[2:15:07]
wvr-2, and maybe soon to be one
[2:15:10]
day rp-2, what authority does
[2:15:11]
the task force have?
[2:15:14]
Are they created by us, with
[2:15:16]
authority to be -- to negotiate
[2:15:19]
on behalf of, let's say, the
[2:15:20]
people of wimauma with a
[2:15:20]
developer?
[2:15:22]
Could you touch on that?
[2:15:24]
>> yeah, so, commissioner thank
[2:15:25]
you for asking that.
[2:15:26]
A question did come up during
[2:15:29]
the amendment process.
[2:15:34]
So, there is a reference to a
[2:15:34]
wimauma community task force,
[2:15:39]
the unadopted portion of the
[2:15:41]
community plan document.
[2:15:42]
So it is not -- that reference
[2:15:44]
is not a regulatory document,
[2:15:44]
and it does not have any force
[2:15:49]
of law.
[2:15:50]
I believe the reference was made
[2:15:56]
to try to have a voice that was
[2:15:57]
represented in the community's
[2:15:58]
interest.
[2:16:00]
But the group has no special
[2:16:03]
power, or standing above any
[2:16:05]
other participant in the
[2:16:05]
rezoning process.
[2:16:08]
They're not acting on behalf of
[2:16:09]
the board or the board's
[2:16:11]
interests or doesn't have -- and
[2:16:14]
there's no regulatory power or
[2:16:17]
status given to that -- to that
[2:16:17]
group.
[2:16:19]
I understand that there have
[2:16:20]
been a formation of that, and
[2:16:21]
there's some information
[2:16:27]
provided in the record of the
[2:16:28]
councillor growers' rezoning
[2:16:29]
about that.
[2:16:30]
But those were all private
[2:16:30]
actions taken with basically
[2:16:33]
private initiatives.
[2:16:35]
>> michael owen: okay.
[2:16:37]
Yeah, and believe me, this is no
[2:16:37]
knock on the task force, it's
[2:16:42]
just the concept of the few
[2:16:43]
making decisions for the many
[2:16:52]
that concerns me.
[2:16:54]
I'll sit back, and listen to
[2:16:55]
some other commissioners.
[2:16:56]
I MAY get back in the queue on
[2:16:56]
this one.
[2:16:58]
But I'd like to hear some more
[2:16:59]
commissioners' input.
[2:17:00]
I know that this was voted on by
[2:17:01]
the prior board.
[2:17:03]
I don't know how I feel about
[2:17:04]
just the community benefits plan
[2:17:05]
at all.
[2:17:06]
I know we had a jobs requirement
[2:17:08]
that was an issue, right?
[2:17:12]
So then we created --
[2:17:13]
>> yes, sir.
[2:17:18]
So the prior wvr-2 had a -- a
[2:17:22]
requirement that certain number
[2:17:25]
of jobs, service opportunities
[2:17:27]
be created before residential
[2:17:28]
development could occur.
[2:17:30]
And there was a ratio of demand,
[2:17:34]
of different type of uses, and
[2:17:36]
so that created to an analysis
[2:17:38]
of existing square footage
[2:17:39]
within the wimauma downtown.
[2:17:43]
It needed to be present in order
[2:17:43]
to support residential
[2:17:47]
development taking place.
[2:17:48]
And there were two rezonings
[2:17:50]
that utilized that, and then one
[2:17:55]
of them was fully utilized, the
[2:17:57]
square footage to support the
[2:17:58]
residential that they were
[2:18:00]
seeking.
[2:18:02]
The other partially -- partially
[2:18:03]
supported by that square
[2:18:05]
footage, and the rest has come
[2:18:06]
as projects have developed in
[2:18:06]
the area.
[2:18:07]
There were several others that
[2:18:14]
were denied for not meeting that
[2:18:14]
requirement.
[2:18:15]
Through the update of the
[2:18:17]
wimauma community plan we saw
[2:18:20]
that this was a well-meaning
[2:18:22]
initiative, found the reality
[2:18:25]
wasn't working, that the jobs
[2:18:28]
would come first and withdraw on
[2:18:30]
residential development in that
[2:18:33]
area was not working.
[2:18:34]
>> michael owen: that's what
[2:18:34]
kind of concerns me when I look
[2:18:36]
at the community benefits and I
[2:18:39]
look at looks like it's based on
[2:18:40]
acreage, how many of those
[2:18:41]
community benefits you would
[2:18:42]
choose, correct?
[2:18:44]
>> thaekt.
[2:18:44]
>> michael owen: I see thngs
[2:18:45]
like affordable housing
[2:18:47]
components where there's not
[2:18:48]
jobs, where there's not public
[2:18:48]
transportation.
[2:18:49]
And to me that is definitely
[2:18:51]
putting a cart before the horse.
[2:18:54]
And we talk about a bustling
[2:18:55]
downtown, wimauma, which I hope
[2:18:56]
to get one day.
[2:18:59]
You know, maybe one day this
[2:19:03]
whole county will be one big
[2:19:03]
grid and one big metropolis.
[2:19:03]
I'll be gone from this earth.
[2:19:04]
But that's probably where we're
[2:19:05]
going.
[2:19:06]
But I have a real good
[2:19:07]
understanding of things in south
[2:19:07]
county.
[2:19:08]
I was raised there.
[2:19:10]
I look at these two areas, and I
[2:19:13]
look at places like lithia, and,
[2:19:14]
you know, our commercial in
[2:19:16]
lithia has not really taken off.
[2:19:17]
But if you list your house for
[2:19:19]
sale, commissioner myers, today,
[2:19:22]
you live in fishhawk, it's sold
[2:19:23]
tomorrow.
[2:19:25]
So, the commercial tends to
[2:19:27]
still concentrate on those urban
[2:19:27]
cores.
[2:19:30]
And I consider brandon riverview
[2:19:31]
in your district, commissioner
[2:19:32]
myers, urban core.
[2:19:33]
But it's going to take awhile
[2:19:34]
for places like wimauma and balm
[2:19:39]
to have anything but, you know,
[2:19:41]
a dentist's office, an insurance
[2:19:42]
company, and things like that.
[2:19:42]
i've seen the commercial on the
[2:19:46]
outskirts of east county and
[2:19:46]
south county.
[2:19:49]
And what I worry about is some
[2:19:51]
of these requirements in here,
[2:19:51]
MAY hold the community actually
[2:19:54]
back.
[2:19:56]
So that's all I have for now.
[2:19:57]
I'm going to support the motion.
[2:19:57]
I'll sit back and listen.
[2:19:58]
Thank you.
[2:19:58]
>> ken hagan: all right.
[2:20:02]
Thank you.
[2:20:05]
I've just got one question.
[2:20:06]
Procedurally I'm assuming this
[2:20:07]
would require a comp plan
[2:20:07]
amendment?
[2:20:08]
>> yes, sir.
[2:20:09]
>> ken hagan: would it replace
[2:20:10]
the wimauma one?
[2:20:12]
Or would we have to rescind that
[2:20:13]
or how would that --
[2:20:14]
>> well, a couple things.
[2:20:17]
Thank you for that question.
[2:20:18]
So, the wimauma community
[2:20:19]
benefit requirements are
[2:20:26]
grounded in the -- in the
[2:20:27]
comprehensive plan.
[2:20:28]
It's a comprehensive plan
[2:20:29]
initiated to change that.
[2:20:30]
Thaz also in the land
[2:20:32]
development code so any change
[2:20:33]
that is made in the
[2:20:33]
comprehensive plan would also be
[2:20:34]
reflected in the land
[2:20:34]
development code.
[2:20:39]
In terms of changes or new
[2:20:40]
regulations, one of the things
[2:20:44]
that we will need to put through
[2:20:49]
the filter of is, a new law this
[2:20:51]
past session, senate bill 250,
[2:20:51]
and that prohibits us from
[2:20:57]
proposing or enacting more
[2:20:59]
restrictive or burdensome
[2:20:59]
comprehensive plan or land
[2:21:00]
development code regulations.
[2:21:06]
So in terms of the an areawide
[2:21:07]
expansion we would need to
[2:21:09]
filter that to make sure if this
[2:21:11]
was the direction, that did not
[2:21:12]
result in anything more
[2:21:13]
burdensome or restrictive, at
[2:21:15]
least until OCTOBER 1st of 2024,
[2:21:17]
which is when that is set to
[2:21:18]
expire.
[2:21:20]
Sorry, long answer but yes, it
[2:21:22]
would require change to the
[2:21:26]
comprehensive plan, and the land
[2:21:28]
development code, and what I'm
[2:21:29]
understanding is this -- what I
[2:21:30]
understand the motion to be
[2:21:34]
replacement of what is there.
[2:21:35]
>> joshua wostal: I'm looking
[2:21:35]
for options right now.
[2:21:35]
>> okay.
[2:21:36]
>> ken hagan: thank you.
[2:21:42]
Commissioner kemp?
[2:21:43]
>> pat kemp: that -- and I'm
[2:21:46]
still -- I'm still not quite
[2:21:46]
understanding that motion.
[2:21:51]
But let me just speak a little
[2:21:52]
bit to wimauma and balm.
[2:21:54]
They're the only places that
[2:21:55]
have community benefits in place
[2:21:56]
at this time, correct?
[2:21:57]
>> yes.
[2:22:00]
>> pat kemp: and one of the
[2:22:02]
reasons that that happened is
[2:22:04]
it's happening more all over the
[2:22:06]
country, a recognition of this
[2:22:09]
kind of community engagement,
[2:22:10]
and it's been, you know, being
[2:22:16]
used in other areas.
[2:22:19]
But, wimauma and balm have one
[2:22:20]
long, long litigious history.
[2:22:22]
It started I think in the '80s
[2:22:26]
or '90s, a major lawsuit was
[2:22:27]
done there, and part of the
[2:22:30]
condition of the lawsuit that
[2:22:32]
was between state and the
[2:22:34]
county, that's correct, at the
[2:22:34]
time?
[2:22:37]
>> I believe there was a
[2:22:40]
challenge by the state
[2:22:41]
allocations in the comprehensive
[2:22:43]
plan.
[2:22:44]
>> pat kemp: right, so there was
[2:22:45]
a settlement made at that time.
[2:22:46]
This was a long, long time ago.
[2:22:49]
And they required that in order
[2:22:50]
to develop out there, that you
[2:22:53]
were going to have to develop
[2:22:58]
town centers, villages, like
[2:22:59]
little country towns like I
[2:23:00]
guess was the idea.
[2:23:01]
Which I kind of think is a good
[2:23:01]
thing.
[2:23:04]
I think they were trying to do a
[2:23:07]
better development pattern than
[2:23:10]
the monoculture sprawl that
[2:23:15]
fills our roads, and causes our
[2:23:17]
infrastructure issues by
[2:23:18]
congregating development, and
[2:23:19]
that was the idea behind the
[2:23:23]
wimauma town center, too.
[2:23:24]
Congregating development, denser
[2:23:26]
in a small area, so that you
[2:23:30]
could go to it, and have the
[2:23:31]
amenities of that area, you
[2:23:32]
know, presumably maybe if it was
[2:23:34]
a rural area, some of the
[2:23:39]
businesses that would sort of
[2:23:43]
farms and rule needs, if it
[2:23:46]
was -- became a -- a more like a
[2:23:49]
small town, maybe some of the
[2:23:50]
neighborhood commercial there,
[2:23:53]
for jobs, and for trip capture,
[2:23:55]
which we unfortunately that's
[2:23:59]
the reason our roads are -- are
[2:24:03]
packed, you know, when people
[2:24:03]
don't have a, even a small
[2:24:06]
grocery store, or, you know, a
[2:24:09]
child care center, or a barber
[2:24:10]
shop or place to have their hair
[2:24:15]
cut in those areas, that, you
[2:24:21]
know, that we just develop this
[2:24:22]
monoculture of, you know,
[2:24:23]
single-family homes on however
[2:24:26]
many acres and have none of the
[2:24:27]
neighborhood commercial
[2:24:28]
integrity, the jobs, just what
[2:24:31]
we actually approved today, a
[2:24:32]
business right there, in, in
[2:24:34]
that kind of area.
[2:24:38]
So that, I think, was a wise
[2:24:39]
thought about how you move
[2:24:40]
forward to do it.
[2:24:41]
And I have to say I'm from
[2:24:43]
the -- I grew up in the D.C.
[2:24:44]
Area, and as I go back there
[2:24:49]
now, they're developing those
[2:24:53]
all over the place, and they're
[2:24:54]
very, very well done in terms of
[2:24:58]
congregating density in areas of
[2:25:01]
leaving surrounding areas open.
[2:25:02]
You know, how they're doing it.
[2:25:03]
But at any rate, this is what
[2:25:08]
the state required.
[2:25:11]
Over years that has been
[2:25:12]
repeatedly fine.
[2:25:14]
We had one -- one residence per
[2:25:15]
every five acres, it's still in
[2:25:17]
effect.
[2:25:20]
In a lot of those places.
[2:25:25]
And what the request has been is
[2:25:29]
to really do ten times that
[2:25:32]
density, two per acre, over, you
[2:25:34]
know, over that, that five acre
[2:25:36]
parcel, to put in ten, instead
[2:25:37]
of one.
[2:25:39]
So, you know, we looked at that,
[2:25:41]
and how, how we can deal with
[2:25:43]
that, again, if it's in the
[2:25:43]
urban service area, we're going
[2:25:44]
to have to pay for that
[2:25:51]
infrastructure.
[2:25:52]
And, two, how we, you know,
[2:25:56]
how -- what we can do to make
[2:25:58]
that -- to be able to use those
[2:26:00]
roads to have trip capture in
[2:26:03]
those areas.
[2:26:05]
To -- to make a place
[2:26:06]
sustainable, to be able to
[2:26:07]
provide infrastructure.
[2:26:08]
We never have the money to do
[2:26:11]
that.
[2:26:16]
But, we also looked, we had the
[2:26:17]
evolution from our villages with
[2:26:18]
the lawsuit.
[2:26:20]
Then there was repeated,
[2:26:22]
repeated, repeated challenges.
[2:26:24]
What the villages turned into
[2:26:25]
was the jobs requirement.
[2:26:26]
That's after some other
[2:26:26]
challenges.
[2:26:29]
That's what was established
[2:26:32]
after long periods of meetings.
[2:26:33]
And compromises.
[2:26:35]
And more.
[2:26:37]
They do things like, you know,
[2:26:41]
reduce the number of acres for
[2:26:41]
things.
[2:26:43]
They, you know, there was all
[2:26:44]
kinds of piece by piece by
[2:26:45]
piece, there was litigation.
[2:26:51]
There was contention.
[2:26:52]
There wer, you know, huge
[2:26:54]
groups of neighborhoods
[2:26:54]
interested.
[2:26:56]
And after all that, and after
[2:27:02]
repeated, repeated, repeated
[2:27:06]
work, we had our moratorium put,
[2:27:08]
it was before covid, and we
[2:27:09]
really tried to tackle the
[2:27:10]
problem in a way that would
[2:27:12]
serve all interests well and do
[2:27:14]
what developers wanted to have,
[2:27:14]
which was an opportunity to
[2:27:17]
develop this.
[2:27:19]
And put these heavy, heavy
[2:27:20]
densities on it.
[2:27:22]
We tried to do it in a way that
[2:27:23]
would make sense for the
[2:27:24]
community and benefit the
[2:27:27]
community, as well.
[2:27:29]
And that's -- and this is what
[2:27:33]
this has come up to, with huge
[2:27:36]
amounts of community engagement,
[2:27:38]
a thoughtful consideration.
[2:27:42]
And so, I'll just emphasize a
[2:27:42]
few things.
[2:27:44]
Commissioner owen, you said, and
[2:27:45]
I don't know if anyone else
[2:27:48]
said, but it is true, what
[2:27:50]
carrollwood wants is not
[2:27:53]
necessarily what wimauma wants,
[2:27:53]
what balm wants, what other
[2:27:58]
places want.
[2:28:00]
And, balm and wimauma are, yeah,
[2:28:02]
ground zero for, as we know, for
[2:28:03]
how we're throwing out
[2:28:04]
development now.
[2:28:08]
And I think it's really
[2:28:09]
important for us to be thinking
[2:28:11]
about how that's well done.
[2:28:14]
And I thought the -- it was a
[2:28:20]
very hard worked list, and, you
[2:28:21]
know, consideration done with
[2:28:22]
that.
[2:28:24]
If there is problems with
[2:28:25]
access, I don't know about, but
[2:28:26]
maybe we could hear that in
[2:28:30]
terms of who's at the meetings,
[2:28:31]
or how that works.
[2:28:34]
But I thought it was really
[2:28:36]
great to engage the community to
[2:28:40]
have benefits and to have some
[2:28:41]
guidelines for how we do that.
[2:28:45]
And I think it's really helping
[2:28:46]
to develop a better community
[2:28:46]
there.
[2:28:51]
In terms of, you know,
[2:28:52]
commissioner wostal, you said
[2:28:55]
something about reappropriating
[2:28:57]
mobility fees, it --
[2:28:57]
reapportioning.
[2:28:58]
I would not want to necessarily
[2:29:00]
put that in the community
[2:29:01]
benefits.
[2:29:02]
Because, I usually understand it
[2:29:03]
here, when we ask about it, it
[2:29:07]
is something that if the -- that
[2:29:11]
we have in the requirements, in
[2:29:12]
the conditions for development
[2:29:12]
already.
[2:29:16]
And the mobility fees are used
[2:29:17]
in those areas.
[2:29:21]
We have, you know, a map, and
[2:29:22]
districts, so that mobility fees
[2:29:24]
generated in areas are used in
[2:29:26]
areas, and the biggest problem
[2:29:27]
we have with stop lights, which
[2:29:29]
I would love more stop lights
[2:29:30]
and crosswalks and, you know,
[2:29:30]
this is the biggest problem we
[2:29:35]
have usually is all the warrant
[2:29:36]
requirements, that I understand
[2:29:39]
have to go through the state
[2:29:39]
and, you know, all these issues
[2:29:40]
which we've already dealt with
[2:29:43]
here a couple times.
[2:29:45]
But those are things that
[2:29:47]
shouldn't be a -- I don't think
[2:29:48]
that community, you know, one of
[2:29:52]
the benefits.
[2:29:57]
But just be there as a condition
[2:29:58]
and requirement if necessary and
[2:30:00]
it's important to the community.
[2:30:02]
And that's also something that
[2:30:06]
is done.
[2:30:08]
so, you know, I -- I-i would
[2:30:10]
really be wary of opening this
[2:30:11]
up now, especially since the
[2:30:12]
suggestion is that we really
[2:30:13]
can't do it for the entire
[2:30:16]
county anyway.
[2:30:20]
And I'd like to understand more
[2:30:22]
about any issues there were with
[2:30:26]
access to being part of that.
[2:30:30]
And I don't think a uniform, you
[2:30:32]
know, list of benefits
[2:30:34]
throughout the area makes
[2:30:36]
particular sense.
[2:30:38]
I just think that, you know,
[2:30:40]
within communities, that those
[2:30:41]
benefits could be what the
[2:30:42]
community generates.
[2:30:47]
Which in this case, they did.
[2:30:48]
And, you know, and be what is
[2:30:49]
particular what MAY be
[2:30:50]
beneficial to them.
[2:30:52]
But I think it's really
[2:30:53]
important, especially with the
[2:30:54]
development pressures that
[2:31:00]
wimauma and balm are under, that
[2:31:04]
they have those very, you know,
[2:31:05]
engaged, and strongly
[2:31:06]
distinguished benefits.
[2:31:08]
And if there's problems with the
[2:31:11]
process for the tak force, I
[2:31:13]
think that that is something, or
[2:31:15]
the neighborhood meetings, that
[2:31:16]
that's something that maybe
[2:31:17]
staff could work on.
[2:31:21]
I'm not even sure if that's in
[2:31:23]
the ldc itself, I'm not sure,
[2:31:24]
but maybe that could be
[2:31:29]
something that is particularly,
[2:31:35]
you know, given attention to.
[2:31:36]
>> ken hagan: commissioner
[2:31:37]
cameron cepeda?
[2:31:37]
>> donna cameron cepeda: yes,
[2:31:38]
thank you, commissioner wostal.
[2:31:40]
Yes, I understand what you're
[2:31:42]
trying to say.
[2:31:44]
My concern is well benefits by
[2:31:45]
itself, the name, the title
[2:31:46]
sounds wonderful.
[2:31:48]
But the fact is, it does put a
[2:31:52]
lot of restrictions on the
[2:31:54]
people here in hillsborough
[2:31:55]
county and my concern is, you
[2:31:57]
know, putting these
[2:31:59]
restrictions, keeping these
[2:32:01]
restrictions, or even worse
[2:32:03]
restrictions, which already I
[2:32:05]
don't agree with, with the
[2:32:06]
restrictions as they are.
[2:32:07]
The benefits plan.
[2:32:09]
Again the title sounds
[2:32:09]
wonderful.
[2:32:12]
But, really, it's -- there's
[2:32:16]
just too many restrictions.
[2:32:17]
And I just don't think we should
[2:32:20]
have that -- forced to have
[2:32:20]
those benefits plans on the
[2:32:23]
people at all.
[2:32:26]
So, I would like to just get rid
[2:32:27]
of, you know, all of those
[2:32:30]
completely.
[2:32:31]
>> ken hagan: commissioner
[2:32:32]
wostal?
[2:32:32]
>> joshua wostal: yeah, that
[2:32:34]
could certainly be one of the
[2:32:34]
options.
[2:32:35]
It's important all we're doing
[2:32:38]
is talking about options.
[2:32:40]
I'm 100% with you.
[2:32:41]
But, whether or not that would
[2:32:42]
pass or not, I don't know.
[2:32:45]
And again, a lot of what was
[2:32:47]
just said previously has
[2:32:48]
absolutely nothing to do with my
[2:32:49]
motion or what we're talking
[2:32:50]
about.
[2:32:52]
We're not talking about
[2:32:53]
increasing density.
[2:32:55]
It was pretty much irrelevant
[2:32:55]
information.
[2:32:58]
We're simply talking about a
[2:32:59]
clean-up, if they are going
[2:33:00]
to -- if they are going to
[2:33:05]
continue, or not, I'll go with
[2:33:06]
you on that.
[2:33:07]
If they do continue or not,
[2:33:08]
we're going to clean them up,
[2:33:09]
and we're going to have control
[2:33:13]
over them.
[2:33:14]
It's not going to be heavy
[2:33:15]
handed.
[2:33:16]
i have it on good authority that
[2:33:17]
the state would likely consider
[2:33:19]
what happened, if they ever got
[2:33:20]
involved, a violation of folks'
[2:33:21]
private property rights and
[2:33:22]
they'd be happy to step in and
[2:33:23]
I'm looking to help us avoid
[2:33:23]
that.
[2:33:26]
So, that's all we're talking
[2:33:27]
about.
[2:33:29]
Is a clean-up of some options.
[2:33:30]
We can make it uniform, but not
[2:33:32]
required.
[2:33:35]
It could be a good thing, and as
[2:33:37]
far as the mobility fee map
[2:33:39]
that's absolutely inaccurate.
[2:33:41]
The mobility fee maps are
[2:33:41]
gigantic.
[2:33:43]
And if it allowed for money
[2:33:45]
that's in that mobility fee area
[2:33:47]
to be spent in that mobility fee
[2:33:48]
map but far away from the
[2:33:49]
affected intersection of where
[2:33:51]
the new development is going in.
[2:33:53]
So, I want to look at just some
[2:33:55]
creative ideas that would be
[2:33:57]
really more empowering to the
[2:33:57]
voters of hillsborough county.
[2:33:59]
So.
[2:34:04]
>> ken hagan: all right.
[2:34:06]
Thank you, commissioner cohen?
[2:34:07]
>> harry cohen: now I'm -- I'm a
[2:34:10]
little bit confused.
[2:34:12]
But, let me just go to what I
[2:34:15]
believe was the original motion,
[2:34:20]
and that was to open up the
[2:34:22]
discussion of tying community
[2:34:22]
benefits countywide.
[2:34:23]
I don't support that.
[2:34:24]
I don't really think that that's
[2:34:30]
what the county needs.
[2:34:34]
If there are questions about how
[2:34:34]
the community benefits
[2:34:35]
provisions affect the two -- one
[2:34:37]
or two, depending on how the
[2:34:39]
litigation goes, the one or two
[2:34:40]
discreet areas where they've
[2:34:43]
been applied, I think that we
[2:34:44]
could look at those much more
[2:34:44]
narrowly.
[2:34:50]
but for the moment, given what I
[2:34:52]
hear about the state law, at
[2:34:56]
least through OCTOBER of 2024,
[2:34:57]
and just taking what
[2:34:59]
commissioner cameron cepeda
[2:35:01]
said, I don't think it is in our
[2:35:04]
best interest to do anything
[2:35:04]
while that moratorium is going
[2:35:07]
on.
[2:35:09]
Because anything that we would
[2:35:10]
pass would be interpreted as
[2:35:12]
being more restrictive.
[2:35:14]
Wouldn't it, MR. Gormly?
[2:35:16]
>> we would -- if there was the
[2:35:19]
direction, we would bring back
[2:35:20]
options that would, you know, be
[2:35:22]
something that would be less
[2:35:23]
restrictive, or less burdensome.
[2:35:25]
It could be clarifications.
[2:35:26]
But, you know, certainly we
[2:35:31]
would be challenged to have new
[2:35:33]
substantive requirements,
[2:35:33]
generally.
[2:35:34]
>> harry cohen: well, you know,
[2:35:36]
I would be happy to have this
[2:35:36]
discussion in maybe some type of
[2:35:40]
a workshop setting.
[2:35:41]
But I would just remind
[2:35:42]
everybody that it's going to
[2:35:45]
take five votes, I believe, in
[2:35:45]
order to actually change what's
[2:35:50]
already been done.
[2:35:53]
So before we start considering
[2:35:54]
language, and determining that
[2:35:56]
we're going to do something
[2:35:57]
countywide, I would just want us
[2:35:59]
to have a discussion among us
[2:36:00]
about the benefits that are
[2:36:01]
there now, and whether they're
[2:36:03]
working or not.
[2:36:06]
Quite frankly, we spent a
[2:36:07]
tremendous amount of time.
[2:36:07]
Commissioner myers and I were
[2:36:10]
elected in the middle of this.
[2:36:14]
And, we ended up having to sort
[2:36:16]
of learn about this on the fly,
[2:36:19]
because covid had so delayed the
[2:36:22]
board's ability to consider this
[2:36:23]
while the moratorium clock was
[2:36:24]
ticking.
[2:36:25]
and it's only been in place now
[2:36:27]
for a very short period of time.
[2:36:32]
I believe we've only had one
[2:36:33]
application that's actually been
[2:36:34]
subject to it.
[2:36:36]
And, I just think if there are
[2:36:37]
problems, or if there are
[2:36:40]
concerns about it, it's totally
[2:36:42]
appropriate for us to have some
[2:36:43]
type of discreet workshop about
[2:36:45]
that, and talk about it, but I'm
[2:36:47]
really not -- I don't really
[2:36:50]
have an appetite for opening up
[2:36:54]
this entire discussion,
[2:36:55]
countywide, or any larger than
[2:36:58]
just a sort of a status of where
[2:36:59]
we are with it.
[2:37:04]
So that's where I am.
[2:37:05]
>> ken hagan: all right, a
[2:37:05]
question.
[2:37:07]
It's my understanding the motion
[2:37:08]
there would be options brought
[2:37:10]
back for us to consider, then it
[2:37:12]
would go through the normal cpa
[2:37:13]
process as far as a workshop,
[2:37:17]
public hearings, all that?
[2:37:19]
>> what I suggest is we bring it
[2:37:19]
back.
[2:37:20]
We could bring it back in a
[2:37:22]
workshop format, or I think a
[2:37:25]
workshop format would be the
[2:37:28]
appropriate way to -- to
[2:37:29]
evaluate the options, and get
[2:37:30]
any kind of direction from the
[2:37:31]
board.
[2:37:33]
It could be a stand-alone, or it
[2:37:35]
could be associated with --
[2:37:36]
>> ken hagan: and then
[2:37:37]
commissioner cohen is correct
[2:37:39]
ultimately it would require a
[2:37:40]
super majority, is that right?
[2:37:41]
>> yes.
[2:37:43]
>> ken hagan: and then what
[2:37:44]
realistically, going through
[2:37:45]
that entire process, what's the
[2:37:46]
earliest you think this would
[2:37:53]
come back in front of us?
[2:38:00]
>> I would say, what is it now,
[2:38:01]
NOVEMBER, perhaps, it could come
[2:38:02]
back with something that would
[2:38:04]
be kind of a holistic --
[2:38:05]
>> ken hagan: okay.
[2:38:07]
>> -- review of the issues that
[2:38:08]
the board has --
[2:38:09]
>> joshua wostal: and,
[2:38:10]
MR. Chair, if I could provide
[2:38:11]
some clarification?
[2:38:12]
>> ken hagan: sure.
[2:38:13]
>> joshua wostal: the motion is
[2:38:14]
not suggesting that we enact
[2:38:17]
this countywide.
[2:38:19]
The motion is simply saying
[2:38:22]
options that we're going to well
[2:38:24]
define the community benefits,
[2:38:25]
and then anyone who currently
[2:38:26]
has them, this is what they're
[2:38:28]
defined as now.
[2:38:29]
We're not saying that we would
[2:38:31]
impose it on the entire county.
[2:38:35]
And that if a community plan did
[2:38:36]
enact community benefits, this
[2:38:36]
is how hillsborough county
[2:38:37]
defines them, there's no longer
[2:38:39]
any questions.
[2:38:41]
So, we're not -- the motion in
[2:38:43]
no way suggested that we impose
[2:38:44]
this countywide and be more
[2:38:45]
restrictive.
[2:38:46]
And th clean-up would actually
[2:38:49]
be less of a burden to address
[2:38:50]
commissioner cohen's concerns,
[2:38:51]
in what I'm projecting would be
[2:38:53]
some of the options.
[2:38:53]
So.
[2:38:54]
>> ken hagan: okay, thank you.
[2:38:55]
Commissioner myers?
[2:38:56]
>> gwen myers: oh, what a
[2:38:57]
conversation.
[2:39:01]
Okay.
[2:39:04]
You clarified one of the points,
[2:39:06]
because you said this just is an
[2:39:06]
option.
[2:39:10]
Could the option come back to
[2:39:11]
us, in 2024, when everything is
[2:39:12]
done?
[2:39:13]
I mean, to give staff, I think
[2:39:16]
we are rushing to judgment to
[2:39:21]
bring this back in NOVEMBER.
[2:39:22]
Okay?
[2:39:23]
Is this something that --
[2:39:25]
>> joshua wostal: well the
[2:39:27]
timing mechanic mission --
[2:39:28]
>> gwen myers: I do have
[2:39:29]
concerns to make this
[2:39:29]
countywide.
[2:39:30]
Because every community is
[2:39:31]
different.
[2:39:32]
Going to be up front.
[2:39:33]
Every community is different.
[2:39:35]
When you look at wimauma, you
[2:39:37]
look at palm river, you look at
[2:39:41]
dover, they're not the same.
[2:39:42]
When you look at benefits,
[2:39:45]
they're not the same.
[2:39:47]
And it's not kidding us to say
[2:39:49]
oh, we can come up with
[2:39:50]
something that will be the same.
[2:39:51]
I don't think so.
[2:39:53]
Based on the communities.
[2:39:55]
Based on what we have done now.
[2:39:56]
What have all these communities
[2:39:58]
to get to community benefits.
[2:40:00]
So that -- I'll stop there.
[2:40:02]
But that's how I see this.
[2:40:03]
>> ken hagan: commissioner owen?
[2:40:03]
>> michael owen: thank you,
[2:40:04]
MR. CHAIRMAN.
[2:40:05]
I think to clarify that, and I
[2:40:06]
don't want to put words in your
[2:40:09]
mouth, wooer not saying that
[2:40:11]
there's not community plans that
[2:40:11]
are in place.
[2:40:13]
Those community plans that are
[2:40:14]
unique, and again I'm not trying
[2:40:18]
to put words in your mouth, but,
[2:40:18]
I dn't think commissioner
[2:40:20]
wostal is saying we're going to
[2:40:20]
make a uniform community plan
[2:40:24]
throughout the county.
[2:40:27]
The community plans still exist.
[2:40:28]
We're just addressing community
[2:40:30]
benefits, if they should be in
[2:40:30]
there.
[2:40:31]
Or exst at all.
[2:40:32]
So I think that's the discussion
[2:40:34]
that we would have.
[2:40:35]
But, commissioner wostal, if you
[2:40:37]
wanted to clarify that.
[2:40:38]
>> joshua wostal: yeah, this is
[2:40:39]
not talking about the community
[2:40:41]
plans and their restrictions on
[2:40:42]
densities, et cetera.
[2:40:43]
This is specifically about these
[2:40:44]
seven bullet points that
[2:40:49]
currently exist.
[2:40:50]
>> ken hagan: I'm going to call
[2:40:50]
the question.
[2:40:51]
I'm going to support the motion.
[2:40:53]
I don't see any harm in getting
[2:40:54]
additional information, having a
[2:40:55]
workshop, seeing how we can
[2:40:55]
clean it up and improve the
[2:40:57]
process.
[2:40:59]
We might not make any changes.
[2:41:00]
We'll see what transpires.
[2:41:00]
Okay.
[2:41:01]
So we have a motion by
[2:41:02]
commissioner wostal, second by
[2:41:03]
commissioner owen.
[2:41:12]
Please record your vote.
[2:41:14]
>> motion carried 5-2.
[2:41:15]
Commissioners kemp and myers
[2:41:16]
voted no.
[2:41:17]
>> ken hagan: commissioner
[2:41:19]
wostal did you want to make
[2:41:19]
another motion?
[2:41:20]
>> joshua wostal: I do have just
[2:41:29]
a quick motion, and on some
[2:41:31]
information if she needs but in
[2:41:32]
light of the prevailing motion
[2:41:34]
that's just occurred and our
[2:41:36]
potential to overhaul the
[2:41:38]
existing community benefits as
[2:41:40]
we see them, I would like to
[2:41:42]
make a motion to place a
[2:41:47]
temporary stay in any ongoing
[2:41:50]
litigation that revolves around
[2:41:51]
the community benefits in
[2:41:51]
hillsborough county.
[2:41:54]
>> ken hagan: motion by
[2:41:55]
commissioner wostal, second by
[2:41:56]
commissioner cameron cepeda.
[2:41:57]
Does staff want to opine on
[2:41:58]
that?
[2:42:02]
>> yes, sir.
[2:42:03]
Good morning, commissioners,
[2:42:04]
cameron clark, assistant county
[2:42:05]
attorney.
[2:42:08]
There is oral argument next week
[2:42:11]
on a case which is the rp-2
[2:42:11]
litigation, I believe that
[2:42:13]
you're discussing.
[2:42:14]
I actually just got a really
[2:42:16]
quick status update in case
[2:42:18]
there were any questions on
[2:42:18]
this.
[2:42:22]
But the counties at this stage
[2:42:24]
have prevailed before a law
[2:42:25]
judge and the state department
[2:42:26]
of economic opportunity.
[2:42:29]
It's before the second dca right
[2:42:29]
now.
[2:42:32]
Is a stay on litigation that
[2:42:34]
you -- it's your desire to
[2:42:35]
continue this process at this
[2:42:38]
time?
[2:42:40]
In order to see what happens
[2:42:43]
with this exploration of the
[2:42:44]
community benefits?
[2:42:44]
Okay.
[2:42:46]
Just so you're aware.
[2:42:48]
The challenge for this rp-2
[2:42:50]
provision is not limited to just
[2:42:50]
the community benefits.
[2:42:52]
It's actually challenging the
[2:42:54]
entire comp amendment.
[2:42:55]
Obviously those benefits are a
[2:42:55]
part of it.
[2:42:58]
But there are other issues that
[2:43:00]
remain unresolved, as well.
[2:43:02]
And also bear in mind that if
[2:43:04]
the board was to take action to
[2:43:07]
make changes to the community
[2:43:09]
benefits within rp-2, some of
[2:43:11]
the issues are going to be
[2:43:12]
mooted, and other issues
[2:43:14]
ultimately the board is changing
[2:43:15]
course, not saying the board
[2:43:17]
can't ask for this direction,
[2:43:18]
but it MAY not be necessary
[2:43:20]
because in the end the board can
[2:43:21]
always change course with what
[2:43:24]
is passed with a comp plan and
[2:43:24]
ldc.
[2:43:25]
>> ken hagan: commissioner
[2:43:25]
cohen?
[2:43:26]
>> harry cohen: I'm not sure
[2:43:27]
that I understand what's being
[2:43:28]
asked for here.
[2:43:29]
when you say you want to stay
[2:43:30]
the litigation.
[2:43:33]
Are you suggesting you want the
[2:43:35]
county not to continue to defend
[2:43:36]
its position?
[2:43:37]
>> joshua wostal: no.
[2:43:38]
I think he used the word
[2:43:38]
continue, which is more lawyer
[2:43:42]
jargon.
[2:43:42]
>> harry cohen: I don't
[2:43:45]
understand.
[2:43:49]
MR. Clark, there's a case
[2:43:52]
pending right now.
[2:43:52]
>> there is.
[2:43:55]
>> harry cohen: so, what is the
[2:43:58]
effect on that case if this
[2:43:59]
motion were to pass?
[2:44:02]
>> well, I would take this as
[2:44:03]
the board asking for -- asking
[2:44:04]
us to try to continue the oral
[2:44:05]
argument that's scheduled for
[2:44:07]
next week.
[2:44:09]
The other side has continued
[2:44:10]
this numerous times up to this
[2:44:10]
point.
[2:44:11]
It's actually been delayed
[2:44:15]
getting to where it is now.
[2:44:18]
But, I guess my point is, just
[2:44:19]
the action can still proceed
[2:44:20]
as-is, it's not going to change
[2:44:22]
the board's ability to make
[2:44:25]
changes to what is proposed to
[2:44:26]
potentially change.
[2:44:28]
So you could ask for this to
[2:44:29]
potentially be continued.
[2:44:30]
But in the end, the outcome is
[2:44:31]
going to be whatever changes the
[2:44:33]
board makes are going to be what
[2:44:37]
changes take place in the rp-2.
[2:44:38]
>> joshua wostal: at the expense
[2:44:39]
of the attorney fees, it we do
[2:44:41]
take changes, then it becomes
[2:44:44]
moot, then the citizen is just
[2:44:45]
at a loss?
[2:44:46]
>> the applicant in this case,
[2:44:47]
yes, they would still be paying
[2:44:50]
for their attorneys, yes.
[2:44:53]
>> harry cohen: well, I'm not in
[2:44:55]
favor of doing anything that --
[2:44:58]
I mean, we're having a very,
[2:44:59]
very prospective discussion here
[2:45:01]
about making some changes and
[2:45:02]
tweaks in the future.
[2:45:04]
I don't think that it's
[2:45:05]
appropriate to insert ourselves
[2:45:08]
into this case that's going on.
[2:45:09]
>> ken hagan: commissioner owen?
[2:45:09]
>> michael owen: thank you,
[2:45:15]
MR. CHAIRMAN.
[2:45:17]
So we have sunshine, so we don't
[2:45:18]
have the benefit of we haven't
[2:45:19]
discussed it out here and don't
[2:45:21]
have the benefit of knowing
[2:45:22]
what's coming.
[2:45:23]
Do we have the authority to do
[2:45:24]
that?
[2:45:26]
I'm just thinking from a rules
[2:45:29]
of procedure standpoint, that
[2:45:30]
if -- because now I'm seeing
[2:45:32]
what's going on.
[2:45:35]
If we agree that we will somehow
[2:45:38]
reduce the restrictions of
[2:45:39]
community benefits that would
[2:45:40]
affect the rp-2, which we
[2:45:41]
haven't talked about rp-2 here
[2:45:43]
much toay, so that wuld affect
[2:45:46]
an ongoing litigation case,
[2:45:47]
which is -- which the motion
[2:45:47]
that's -- what is the motion
[2:45:50]
that's up?
[2:45:52]
>> it's oral arguments, they're
[2:45:54]
appealing the lower ruling.
[2:45:54]
>> michael owen: okay.
[2:45:56]
>> it was in the county's favor.
[2:45:57]
>> michael owen: all right,
[2:45:57]
gotcha.
[2:45:58]
So it's oral arguments.
[2:46:01]
I guess I don't know if we were
[2:46:02]
to vote as a board, because I
[2:46:04]
think it might be appropriate to
[2:46:05]
stay that.
[2:46:06]
It's a motion -- it would be
[2:46:09]
a -- it would move to stay
[2:46:11]
unless opposing counsel agreed
[2:46:12]
to a stay, but then still the
[2:46:16]
judge -- the -- the judicial
[2:46:17]
body has to agree to that,s
[2:46:17]
well.
[2:46:19]
>> so I would take what the
[2:46:21]
board, if this motion were to
[2:46:22]
pass, I would take it as the
[2:46:24]
board's direction ease sectionly
[2:46:26]
to defer this, essentially cease
[2:46:28]
what's going on with litigation,
[2:46:30]
awaiting the outcome of what the
[2:46:31]
board wants to do here.
[2:46:33]
We have actually outside counsel
[2:46:34]
handling this litigation at this
[2:46:34]
stage.
[2:46:35]
I can confer with them.
[2:46:37]
But I understand what the
[2:46:38]
board's potential direction here
[2:46:39]
is essentially just to stop
[2:46:41]
what's going on for now, to see
[2:46:42]
what action the board wants to
[2:46:43]
take.
[2:46:45]
>> michael owen: yeah, because,
[2:46:48]
because, sorry to cut you off,
[2:46:50]
my -- I disagree with
[2:46:51]
commissioner cohen.
[2:46:52]
I think if we come up with
[2:46:54]
different requirements, or
[2:46:55]
remove requirements, and we're
[2:46:58]
in the middle of litigation,
[2:47:02]
that could be new evidence,
[2:47:02]
which could bring us back in
[2:47:03]
court.
[2:47:04]
Is that a possibility?
[2:47:06]
>> I would think that any parts
[2:47:09]
of the rp-2 that the board
[2:47:12]
subsequently changed, that --
[2:47:13]
those issues would effectively
[2:47:14]
be mooted in litigation.
[2:47:15]
But there are other parts of
[2:47:16]
this outside of community
[2:47:17]
benefits that are presently at
[2:47:17]
issue.
[2:47:17]
>> michael owen: okay.
[2:47:21]
All right.
[2:47:21]
I'll second it.
[2:47:24]
Thanks for that clarification.
[2:47:26]
>> ken hagan: just so I
[2:47:26]
understand.
[2:47:27]
We're essentially requesting
[2:47:29]
continuance of oral argument,
[2:47:30]
which is the same thing the
[2:47:32]
other side's done a few times?
[2:47:32]
>> yes.
[2:47:34]
This has been continued before
[2:47:37]
by the other side.
[2:47:37]
and, for what it's worth in
[2:47:38]
terms of staying it versus
[2:47:43]
continuing, neither side is
[2:47:44]
really incurring much in terms
[2:47:45]
of fees and costs when it's
[2:47:46]
being continued.
[2:47:48]
So no other action is being
[2:47:48]
taken.
[2:47:48]
The board is asking for
[2:47:49]
essentially things to be paused
[2:47:51]
for the moment.
[2:47:53]
>> ken hagan: and at the end of
[2:47:56]
the day we still remain the
[2:47:57]
ultimate arbiter?
[2:47:58]
>> well the court, like I said,
[2:48:00]
the lower court judge has ruled
[2:48:02]
that the county's actions were
[2:48:03]
proper and legal at the time the
[2:48:04]
comp plan was adopted.
[2:48:06]
That's being appealed to the
[2:48:07]
second dca.
[2:48:08]
If the second dca was to find
[2:48:10]
that wasn't the case we would be
[2:48:11]
back before you regarding the
[2:48:12]
comp plan.
[2:48:14]
Otherwise if the second dca
[2:48:17]
upholds the lower ruling,
[2:48:20]
then -- well, it MAY be appealed
[2:48:22]
further, the comp plan
[2:48:23]
amendments would take effect.
[2:48:25]
As of this time they are still
[2:48:26]
not in effect.
[2:48:27]
>> ken hagan: okay, thank you.
[2:48:28]
Commissioner myers?
[2:48:30]
>> gwen myers: okay, thank you.
[2:48:31]
I know we're responsible for
[2:48:32]
setting policy and now today
[2:48:38]
we're becoming lawyers, trying
[2:48:39]
to see what the legal is going
[2:48:40]
to say.
[2:48:41]
Why can't we wait until the case
[2:48:43]
was over and then if we wanted
[2:48:45]
to bring this up at that time,
[2:48:45]
then we could?
[2:48:46]
Because I think there's ample
[2:48:47]
enough time to do so.
[2:48:50]
Thank you.
[2:48:51]
>> joshua wostal: just to get, I
[2:48:52]
mean we just found there's no
[2:48:54]
harm and actually it would be a
[2:48:56]
punishment if we are going to
[2:48:57]
ultimately make changes.
[2:48:59]
We would be causing one of our
[2:49:02]
constituents to unnecessarily
[2:49:04]
expand legal fees, they would
[2:49:06]
not if we put a stay or
[2:49:07]
continuance, whichever they
[2:49:08]
decide, I don't know the legal
[2:49:10]
language, but if we continue to
[2:49:11]
proceed, and they continue with
[2:49:13]
oral arguments and appeals, and
[2:49:14]
they change then our constituent
[2:49:16]
is just out of a lot of money
[2:49:17]
that was completely unnecessary.
[2:49:21]
And ultimately, we're -- we are
[2:49:21]
the -- these, us seven, this
[2:49:28]
body, we are the legal body.
[2:49:29]
The attorney is our client.
[2:49:30]
Not the other way around.
[2:49:33]
So, we are the ones who make the
[2:49:36]
decisions on 100% of their
[2:49:37]
instructions.
[2:49:38]
So that's -- that's why it would
[2:49:39]
make sense at this time to
[2:49:40]
protect our constituents.
[2:49:41]
>> ken hagan: thank you.
[2:49:46]
Commissioner kemp?
[2:49:47]
>> pat kemp: the work, the
[2:49:48]
preparation for all of this has
[2:49:49]
already been done.
[2:49:51]
It's already been pursued to
[2:49:51]
this point.
[2:49:53]
I agree totally with
[2:49:53]
commissioner myers, we should
[2:49:55]
just get the result we can do
[2:49:57]
what we MAY, but we have an
[2:50:01]
answer, one way or the other
[2:50:03]
there, and, you know, we should
[2:50:05]
just stay the course on this.
[2:50:06]
This is next week.
[2:50:07]
>> ken hagan: okay.
[2:50:08]
Motion by commissioner owen,
[2:50:09]
second by commissioner cameron
[2:50:10]
cepeda.
[2:50:10]
No other comments.
[2:50:17]
Please record your vote.
[2:50:19]
>> motion carried 4-3.
[2:50:20]
Commissioners cohen, kemp and
[2:50:20]
myers voted no.
[2:50:21]
>> ken hagan: all right.
[2:50:25]
anything else today?
[2:50:26]
>> no, sir, that concludes our
[2:50:26]
agenda.
[2:50:27]
>> ken hagan: we're adjourned.