[0:23] Good morning and welcome to the [0:24] SEPTEMBER meeting of the local [0:25] planning agency for Pinellas [0:27] County, Florida. Today's public [0:28] hearing by the local planning [0:31] agency, or lpa, is being held [0:33] to review proposed amendment. A [0:35] proposed amendment to the [0:36] Pinellas County Future Land Use [0:38] Map and a proposed development [0:39] agreement. The local planning [0:41] agency is an independent [0:42] advisory board charged with [0:44] reviewing and making [0:45] recommendation to the Pinellas [0:46] County Board of County [0:47] Commissioners on cases to be [0:49] heard today. The Board of [0:53] County Commissioners. Will make [0:55] the final decision on each item [0:56] at a separate public hearing [0:58] currently scheduled to be held [1:01] on OCTOBER the 27th, 2026 at 6 [1:02] P.M. The Board of County [1:04] Commissioners will be. Meeting [1:06] will be held at 333 Chestnut [1:08] Street in the Palm Room. The [1:10] procedure for today will be as [1:11] follows. First, staff will make [1:13] a brief presentation not to [1:15] exceed 20 minutes. We'll then [1:16] hear from the applicant who [1:17] will present their case again, [1:20] not to exceed 20 minutes. We'll [1:21] then hear from proponents who [1:22] will be given three minutes [1:24] each, unless representing a [1:25] group of five or more, in which [1:27] case they will be given ten [1:29] minutes. Non-speakers must be [1:31] present and waive their time to [1:33] get the ten minutes. We'll then [1:34] hear from opponents who [1:36] likewise will be given three [1:38] minutes each, unless [1:39] representing a group of five or [1:41] more, in which case they will [1:43] also be given ten minutes. [1:45] Again, Non-speakers must be [1:46] present and waive their time to [1:49] get the ten minutes. We'll then [1:51] hear from the applicant, who [1:53] will be given the opportunity [1:55] to close, answer questions or [1:56] respond to any concerns raised [1:58] by the opponents or proponents [1:59] for a period of time, not to [2:02] exceed five minutes before your [2:03] presentation, please give your [2:05] name and address for the record. [2:07] All testimony needs to be under [2:09] oath, so if you have not been [2:10] sworn in already and you plan [2:12] to testify, please rise now and [2:14] be sworn. [2:15] >> Do you swear or affirm that [2:18] the testimony is the truth, the [2:19] whole truth, and nothing but [2:21] the truth? Yes. Thank you very [2:22] much. [2:23] >> Also, please fill out the [2:25] slip on the table and present [2:26] it to the clerk before you [2:28] speak. There will not be [2:29] continuing rebuttal, so please [2:31] try to present all information [2:32] while you are here at the [2:35] podium. If you plan to provide [2:36] letters, written comments, [2:38] studies or other documents in [2:40] response to the Lpa's findings [2:41] and recommendations, those must [2:43] be received by the zoning [2:44] section. Seven days prior to [2:45] the Board of County [2:46] Commissioners meeting, in order [2:48] to be included in the record [2:49] that will be transmitted to the [2:51] Board of County Commissioners. [2:52] So with that, we'll move into [3:00] the agenda. And at this time [3:01] we'll hear the quasi judicial [3:02] statement. [3:03] >> Thank you. Good morning, [3:05] Assistant County Attorney Kirby [3:06] Crider. The matters heard by [3:08] the local planning agency are [3:09] quasi judicial in nature. [3:11] Please note that only competent, [3:12] substantial, fact based [3:14] testimony or evidence MAY be [3:15] considered by the local [3:16] planning agency deciding the [3:18] matters before it. Pure [3:19] speculation or opinion not [3:22] based on competent. Excuse me. [3:24] Pure speculation or opinion not [3:25] based on competent facts. [3:26] Supported evidence cannot be [3:28] considered by the board. Lay [3:29] testimony with fact based [3:31] support, including but not [3:33] limited to meeting minutes, [3:34] surveys, engineering reports, [3:36] etc. MAY be considered [3:37] competent. Substantial evidence. [3:38] Thank you. [3:39] >> Thank you, Counsel Crider. [3:40] Thank you. We'll now move to [3:42] item three. Approval of the [3:44] minutes for the AUGUST 12th, [3:46] 2026 lpa hearing. Do I have any [3:48] comments on the minutes before [3:49] I entertain a motion? All right. [3:50] Seeing none, I'll entertain a [3:52] motion on the minutes. So moved. [3:54] Motion by Everett. Second. [3:55] Second by Cataldo. All in favor, [3:58] say aye. Aye. Opposed like sign. [4:00] The motion passes unanimously. [4:05] That brings us to item four. A [4:09] 1flu26-02. Staff. This is a [4:12] companion case with dva 26-02. [4:14] >> Yes, they're companion cases [4:15] so they will be presented [4:17] together. Heard together but [4:18] separate votes. [4:19] >> Okay. And will you need time [4:21] for both cases or just time for [4:22] one presentation. [4:23] >> Just one presentation. [4:24] >> All right. And is the [4:25] applicant acceptable with that [4:27] arrangement. And I'm getting a [4:29] yes. Please proceed when you're [4:29] ready. [4:31] >> Thank you, MADAM Chair. [4:32] Ladies and gentlemen, a local [4:33] planning agency. I'm Scott [4:34] Swearingen, I'm the county's [4:35] long range planning manager. [4:37] It's a pleasure to be here [4:38] before you again this morning, [4:39] and I appreciate your time. So [4:41] I'll try to make this brief [4:42] before you. The presentation. [4:43] Two cases. It's a future land [4:47] use map amendment. That's fl [4:49] 2602 followed by a development [4:53] agreement dva 2602. And I would [4:54] note and Michael, please [4:55] correct me if I'm wrong, the [4:57] development agreement. These [4:59] are separate, separate voting [5:00] items. But the development [5:02] agreement would not be able to [5:03] take effect unless the future [5:06] Land Use Map amendment were [5:06] approved. [5:07] >> That's correct. Yes. [5:11] >> Thank you. The subject [5:13] property is approximately 4.82 [5:14] acres. It's located on the west [5:18] side of us highway 19 North and [5:20] unincorporated Clearwater. The [5:22] current future land use [5:24] designation is residential [5:27] office retail for 4.16 acres [5:28] for the majority of the [5:30] property, and there's [5:31] preservation land use on the [5:34] property as well on 0.66 acres. [5:35] And requested amendment is to [5:37] change that land use from [5:39] commercial to commercial [5:41] general, which would cover 4.12 [5:43] acres, and then the remainder [5:44] would remain as preservation, [5:47] with a slight increase to 0.7 [5:49] acres. The zoning of the [5:50] property is Commercial Parkway. [5:52] However, there is no zoning [5:54] change being proposed. Along [5:55] with this. No zoning change, [5:57] just the future Land Use map [5:58] amendment and the development [6:01] agreement. And that agreement [6:03] includes certain building [6:04] limitations and conservation [6:05] easement. I'm going to get into [6:07] that in just a second. The [6:10] applicant is their expressed [6:11] intent for the property is for [6:17] a self-storage facility. The [6:19] development agreement portion [6:21] of this, you know, this package. [6:24] So we have a you could sum it [6:25] up with the following three [6:26] restrictions. So the property [6:29] shall not or shall be developed [6:30] substantially in conformance [6:33] with the non billable area, [6:34] exhibit d to the development [6:35] agreement. And I'll show you [6:38] that in just a moment. So non [6:40] buildable area this is the the [6:42] non billable. It represents the [6:44] non culverted section of Curlew [6:45] Creek. Curlew Creek runs across [6:47] the property kind of from the [6:50] northwest to the southeast. So [6:52] it's that non culverted portion [6:54] which will remain preservation [6:55] on a future land use map. And [6:58] it generally includes a 25 foot [7:01] wide setback or buffer if you [7:02] will on either side from the [7:05] top of the bank on both sides [7:06] it's approximately 30% of the [7:07] subject property. So that's [7:09] what the Non-billable area that [7:12] is referred to in exhibit d and [7:14] those areas again depicted in [7:15] exhibit d, and any additional [7:17] areas mutually agreed upon by [7:18] the developer and the county [7:20] during site plan process will [7:22] be placed under a conservation [7:23] easement. So that would become, [7:25] in effect, a conservation [7:26] easement that would ride with [7:29] the property. And then finally, [7:32] the maximum impervious surface [7:33] ratio is being capped by the [7:39] development agreement at 0.7. [7:41] This is an exhibit d to the [7:42] development agreement. This is [7:43] a binding exhibit to that [7:45] agreement. This shows the non [7:48] buildable area. I also want to [7:49] include and this is a part of [7:51] your packet as well. The [7:52] applicant has prepared a [7:53] concept plan. And again this is [7:55] a conceptual level plan. It is [7:57] non-binding. It's not a part of [7:58] the development agreement. But [8:00] they've they've submitted this [8:02] to show kind of their intent [8:04] for redevelopment of the [8:05] property. So it gives you this [8:08] kind of very kind of glossy [8:09] overview of how you how they [8:11] would envision that they could [8:12] be able to, to develop that [8:15] property from a site plan level [8:17] showing the creek that goes [8:19] through storage area to the [8:21] west, more to the west of the [8:22] property, near the residential, [8:24] just on on the west side of the [8:25] property and the development [8:33] being pushed more toward us. 19 [8:35] and again, this is non binding [8:37] with the application. It's on [8:39] the west side of us 19 which [8:41] you can make out there. And [8:44] then Curlew Avenue which is [8:46] fairly minor roadway. The [8:49] surrounding character us 19 is [8:51] mostly, you know, office strip [8:55] commercial. You can see that [8:56] mobile home parks right around [8:59] there as well. And to note the [9:00] mobile home park that is [9:03] adjacent to the west side of [9:07] the subject property. So the [9:09] map on your left shows the [9:10] current future land use map [9:11] with the subject property [9:12] designated as residential [9:14] office, retail. And then the [9:16] change would move on the right [9:18] side of your map to commercial [9:21] general, we do have a growing [9:22] precedent, if you will, for [9:23] Commercial General along the [9:25] corridor. They are pretty [9:27] similar in in in land use types. [9:28] I'll go into that in just a [9:30] moment. But you can see most of [9:32] the corridor is residential, [9:34] office, retail and then a [9:36] residential categories. You can [9:38] start to to come about as you [9:40] move on either side of the [9:45] corridor. And no zoning [9:46] component to this case, but the [9:48] property is zoned Commercial [9:49] Parkway, as are the majority of [9:51] properties along us 19 in this [9:53] area. And then similar to the [9:55] land use map, you can see in [9:56] the zoning map some of the the [9:59] more residential zone districts [10:00] start to come about on either [10:02] side of the corridor, [10:03] residential medium, residential [10:04] plan development, r-2, single [10:09] family, those kinds of things. [10:11] Give you some orientation of [10:13] the property a little bit. So [10:14] this is the subject property. [10:15] It's looking north from Boy [10:17] Scout Road. Boy Scout Road is [10:19] at the south end of the [10:20] property. So looking northward [10:21] you can see you might be able [10:23] to make out us 19 a little bit, [10:26] kind of on the middle right [10:29] side of the photo and then [10:30] looking in the opposite [10:32] direction. This is looking [10:34] south along on the subject [10:36] property. Us 19 is to the left, [10:38] and this is the old, the former [10:40] Hamburger Mary's property or [10:45] building. This is looking [10:46] northwest at the subject [10:48] property. This is a vacant [10:49] office building and is [10:51] currently on site that is [10:53] scheduled to be. The applicant [10:55] has expressed that they would [10:58] like to remove this building. [11:01] And then finally this is on the [11:04] subject property near the west [11:05] boundary or border of the [11:06] subject property looking [11:07] obviously looking westward. And [11:09] you can see you have the, you [11:11] know, the fencing that's that's [11:12] between the mobile home park [11:15] and the subject property there [11:19] at the far west side. The [11:21] current land use designation. [11:24] The designation allows a wide [11:26] range of uses from residential [11:28] office, personal service, [11:29] office support, commercial [11:32] service, retail. It also allows [11:34] some light manufacturing and [11:35] some research and development [11:37] like research and development [11:38] and verbatim, per our [11:40] comprehensive plan, this [11:42] category is generally [11:43] appropriate in locations where [11:44] it would serve as a transition [11:46] from more intensive [11:47] nonresidential uses or major [11:49] roadways to residential, office [11:51] or public semipublic uses. [11:53] These areas are typically in [11:54] close proximity to and served [11:57] by the arterial roadway network. [11:59] The density residential density [12:00] that's permitted by this [12:01] category is 24 dwelling units [12:06] per acre, with a 0.5 far and a [12:08] 0.85 impervious surface ratio [12:10] for nonresidential uses. That [12:12] impervious surface impervious [12:14] surface ratio is important as [12:16] we get into understanding the [12:17] limitations of the development [12:19] agreement. So that is what is [12:21] currently on the property today. [12:22] And then that change to [12:25] commercial general, mostly the [12:27] same set of uses are permitted. [12:28] However, Commercial general [12:30] does permit storage warehouse, [12:31] which is the reason why the [12:32] applicant is seeking the change [12:34] because they would like to [12:35] redevelop the property with the [12:36] self-storage facility that is [12:38] not permitted under the ror. It [12:39] is permitted under the [12:43] commercial general and per our [12:44] comp plan. This category is [12:46] generally appropriate in areas [12:47] of the County that are now [12:49] developed or appropriate to be [12:50] developed in a manner designed [12:51] to provide the community or [12:52] region with commercial goods [12:54] and services, and in areas in [12:56] proximity to and with good [12:57] access to major transportation [13:00] facilities. Similar to the r o [13:02] category, 24 dwelling units per [13:06] acre are permitted a 0.5 5far, [13:08] which is the same far. However, [13:09] the impervious surface ratio [13:12] gets bumped up to a 0.9 for [13:15] nonresidential uses. Note that [13:17] the development agreement that [13:19] that is being included with [13:23] this would cap that isr at 0.7, [13:25] so it wouldn't be at the 0.85 [13:26] that it is currently today, nor [13:28] would it go up to 0.9. It would [13:30] be capped at 0.7. So we would [13:32] have a lower impervious surface [13:38] ratio on this property. And the [13:39] preservation category that's [13:42] really kind of along the Curlew [13:44] Creek per our comp plan. These [13:45] are areas determined to have [13:47] environmental significance and [13:47] recognized in the Pinellas [13:48] County Comprehensive Plan, as [13:50] you might as you might have [13:52] garnered, including wetlands, [13:53] 25 year floodplains, natural [13:56] drainage ways, habitat, [13:57] endangered species, areas [13:59] generally appropriate to areas [14:01] of major ecological functions [14:04] as 0.1 far and a 0.2 isr for [14:05] nonresidential uses. So you can [14:06] imagine those are kind of like [14:09] support facilities that MAY be [14:10] necessary in those preservation [14:14] areas. And then finally the [14:15] current land use, which will be [14:17] continue to be land use as [14:18] proposed, is probably not the [14:19] most accurate word there. [14:21] Commercial Parkway. It provides [14:22] for a wide range of commercial [14:23] and office uses, including [14:25] self-storage facilities. And it [14:26] also to note, allows [14:26] residential in certain [14:28] circumstances should be [14:30] conveniently located with [14:32] access to arterial highways and [14:33] transportation facilities, [14:35] either directly or by service [14:37] roads. The maximum building [14:39] height is 75ft, but note that [14:42] it is limited to 45ft when 50ft [14:45] of residentially zoned property. [14:47] And again, no zoning change is [14:53] being proposed. Traffic impacts [14:54] from a land use. And I always [14:56] like to just this disclaimer [14:59] this is like a 200 zero foot [15:01] analysis of traffic, traffic, [15:04] and a more granular level would [15:06] be looked at during site plan [15:07] review. But at least from this [15:10] level, the actual traffic [15:11] volume could be slightly [15:15] reduced simply because the [15:17] amount of the commercial [15:18] category with the change would [15:19] be slightly reduced, but it's [15:21] pretty much null as far as [15:23] traffic impacts. I will note, [15:25] however, that us 19, as many of [15:26] you are probably very aware in [15:28] this segment, as a level of [15:30] service f with a vehicle to [15:33] capacity ratio of 1.817. And [15:34] for those of you who MAY travel [15:36] this road, I'm sure you're very [15:37] aware that it's currently under [15:39] construction and that future [15:40] cross section of this roadway [15:42] and that future function, this [15:43] roadway, if you think of what [15:45] you have south of Clearwater. [15:47] So it's going to more of a a [15:49] limited access highway as [15:50] opposed to kind of a strip [15:52] commercial highway as it is [15:54] today. So that's going to be [15:56] the ultimate that will be how [15:57] us 19 will be ultimately and [15:59] how that level of service [16:01] changes. I am not sure. But of [16:03] course we will see. With regard [16:05] to flood risk, this property is [16:06] neither within the coastal high [16:07] hazard area, the coastal storm [16:09] area. However, it does lie [16:11] within the 100 year floodplain [16:13] and partially within the 25 [16:18] year floodplain. In conclusion, [16:20] staff supports the proposed [16:21] amendments to the Future Land [16:23] Use Map and the Associated [16:25] Development Agreement. The Land [16:26] Use Amendment does not [16:28] significantly alter the uses [16:29] permitted or change the [16:30] potential impact from [16:32] development. The use categories [16:35] themselves are, are are pretty [16:37] similar, with the exception [16:38] that the commercial general [16:40] would allow for the intended [16:42] use of the property by the [16:43] applicant, which is a self [16:46] storage facility included with [16:47] the development agreement [16:49] that's included what what it [16:50] essentially does it better [16:52] protects Curlew Creek and [16:53] reduces impacts in the [16:54] floodplain per the development [16:56] agreement, reduces the maximum [16:58] potential impervious surface [16:59] allowed on site. We talked [17:00] about that. It would be [17:03] actually lowered to 0.7, and it [17:04] effectively pushes development [17:06] away from the residential [17:07] dwellings on the west of the [17:11] property closer to us 19. And [17:14] that happens in part by d, [17:16] which puts that kind of setback [17:18] buffer area creates that [17:20] conservation area that's more [17:21] toward the west side of the [17:23] property and effectively ends [17:24] up making, you know, pushing [17:26] that development to the east. [17:27] So further away from the [17:31] residential as it exists today. [17:33] One thing is that the amendment [17:34] will it will allow cleanup of [17:36] the property and redevelopment [17:37] in line with the county's [17:38] development regulations in a [17:39] more appropriate manner. You [17:40] also saw the site photos that [17:42] we took of the subject property. [17:44] We found a proposal compatible [17:45] with the area's mixed use [17:47] character and consistent with [17:48] our comprehensive plan, staff [17:50] recommends approval. The Board [17:51] of County Commissioners is [17:54] scheduled to hear this item on [17:55] OCTOBER 27th in their evening, [17:58] 6 P.M. Agenda. That is all I [17:59] have in my presentation. I [18:00] appreciate your time. I thank [18:02] you, and if you have any [18:03] questions, I'd be happy to try [18:04] and answer. [18:05] >> All right. Board members, [18:06] any questions for MR. [18:06] Swearingen? [18:08] >> Yes, I have a question. [18:08] >> Yes, ma'am. [18:09] >> Vice Chair. [18:11] >> Good morning. Good morning. [18:13] I was just wondering how that [18:15] impervious surface area ratio [18:17] did I get all that right, is [18:19] going to be achieved? And where [18:21] will the parking area be and [18:23] what is the access from the [18:24] highway. [18:27] >> So access from us 19 would [18:28] come, I believe, directly off [18:30] us. 19 however, there is also a [18:31] Boy Scout road that's adjacent [18:33] to the south that could be used [18:37] for access. We don't we don't [18:39] delve into that level of detail [18:41] at the Land Use amendment phase. [18:42] The development agreement [18:44] speaks to that as a previous [18:45] surface ratio. Now, however, [18:46] they. However, they have to [18:48] figure out their parking and [18:49] loading and those kinds of [18:50] things. And where that building [18:52] goes, that's on them, but they [18:54] are not allowed to have [18:55] impervious surface greater than [18:58] 70% of the subject property. [18:59] Okay. Does that answer? I think [19:00] you had a third question. Did [19:01] you? [19:02] >> No, you covered it. I think [19:04] the parking, the access and the [19:04] impervious ratio. [19:06] >> Okay. [19:08] >> That was pretty quick. [19:09] >> Thank you. And I'll just add [19:12] for the access that us 19 is [19:15] fdot roadway. So any access [19:16] will have to get permitted [19:19] through the dot. The road on [19:21] the south boy Scout is is a [19:23] county road, so it would be [19:25] lesser designated roadway. We [19:28] would allow access there, but [19:30] then the permitting for any [19:31] driveway access on us 19 would [19:34] come from dot. [19:36] >> And down the road when the [19:39] when the us 19 construction is [19:41] finished and it's probably [19:42] going to become an overhead [19:46] road with side roads. [19:47] >> Yeah, yeah. [19:48] >> Service road. That wouldn't [19:50] be an issue any any longer for. [19:51] >> The no. Usually when it's [19:53] it's a service roads, it's [19:55] easier to get a driveway access [19:56] on those because you have lower [19:58] speeds. Sure. [19:59] >> Thank you. [20:00] >> Board members. Any other [20:03] questions for staff? No. All [20:05] right. Thank you, MADAM Chair. [20:12] Thank you. Please state your [20:14] name and address for the record. [20:16] >> Good morning. Kevin Reilly, [20:17] 401 East Jackson Street in [20:20] Tampa. And I have been sworn. I [20:21] appreciate all of your time [20:22] this morning. I'll. I'll suck [20:24] up for just a moment. I just [20:26] finished a term on a board in [20:27] Saint Petersburg and you know [20:28] you're here for only item. So [20:30] thank you for reviewing and [20:31] being here because I know this [20:33] is a volunteer position. Now, [20:34] jumping into the actual [20:35] application, I don't have a [20:36] presentation because I just [20:37] would have shown the same [20:39] pictures that that staff showed. [20:40] So I'm going to talk a little [20:42] bit about some of the items [20:43] that staff talked about and [20:44] then answer any questions that [20:46] you all we have our planner, [20:47] the applicant and an engineer [20:48] here, if you have specific [20:50] questions, but I'll try and [20:51] cover most of those as I [20:53] discuss with you all. So again, [20:55] we're coming to the we're [20:58] coming to the, the board today [20:59] with with a use in mind, but [21:00] this application doesn't [21:02] request a specific use. It's [21:03] just that that's the, the [21:05] impetus of the application. So [21:06] it wouldn't technically limit [21:08] to the self storage use, but [21:10] that that is what is desired [21:12] under the current development [21:14] scheme. But what really brings [21:17] us here is the isr and [21:19] stormwater and floodplain [21:20] limitations. So this site is [21:22] the site was developed of [21:23] course with the office building [21:25] you all saw. And then there's a [21:27] restaurant and parking. And so [21:30] the that was all built before [21:31] the stormwater regulations. And [21:32] the floodplain was as stringent [21:34] as it is today. And so [21:35] redeveloping the site is going [21:37] to be more challenging because [21:38] they'll need to be more [21:40] floodplain compensation and [21:41] they'll need to be less [21:42] pavement, essentially. And so [21:44] it makes that's why you're [21:45] essentially having three [21:46] developments become one, [21:48] because repeating the same [21:50] development is impossible. And [21:52] so the future land use change [21:54] is sought to to add the use [21:55] that we're interested in. But, [21:58] but honestly, the from a bigger [22:00] picture, our considers office [22:01] uses. Well, there's office uses [22:03] there and they're, they're not [22:05] viable anymore. And as us 19 [22:07] becomes a limited access [22:08] highway, those retail uses a [22:10] strip retail is not going to be [22:11] viable in the same way anymore. [22:14] And so a warehouse or more [22:15] commercial use, including self [22:17] storage, we think is more [22:18] appropriate for, for the site. [22:20] And so that's the impetus of, [22:22] of what's behind the [22:24] application. Now how we achieve [22:26] that. To the vice chair's [22:28] question, there is essentially [22:29] it's less development, right? [22:31] There's, there's three areas of [22:31] development that exist today, [22:33] and it's going to ultimately [22:35] become the, the one development [22:39] because most of the it's I [22:40] don't want to say exactly. So [22:42] let's talk broadly. So almost [22:44] the west half of the property [22:46] is going to end up being either [22:48] preservation as it exists today [22:50] or floodplain compensation. So [22:52] it will be much less pervious [22:53] area. And the way that you [22:54] achieve development is, is to [22:57] go to go vertical. The proposal [22:59] is for four stories, which is [23:01] within the limitations of the [23:02] code and the comprehensive plan. [23:04] And they'll also be a [23:04] significant buffer because the [23:06] west half of the of the [23:08] property is not going to be [23:09] developed, because it'll have [23:11] to meet those stormwater [23:14] requirements. And so and the [23:15] other thing too, for [23:17] transportation and for parking [23:19] and those things, the use we're [23:21] proposing is, is forgiving on [23:23] those. It's not a big traffic [23:24] generator and it doesn't [23:25] require as much parking so [23:26] uniquely would be okay. But if [23:28] that was to change again, [23:29] because this application [23:30] doesn't tie us to a use, if [23:32] that was to change, we'd still [23:33] be limited on where we can [23:35] develop. And so if a different [23:36] use went in there, the [23:37] development would be limited by [23:39] where we can where we can put [23:42] pervious development and what [23:44] we could fit. And if it [23:45] required more parking, you'd [23:46] have less development so that [23:49] that would all come later. As [23:50] staff also noted, there's no [23:51] change in zoning. So, you know, [23:54] the zoning map has the same [23:55] consistency and compatibility [23:58] that it has today. And the, the [24:00] staff talk about compatibility. [24:01] And we have a letter in the [24:02] record talking about the [24:03] compatibility of this future [24:06] land use category with the [24:06] adjacent. There's some [24:07] precedent across the street, [24:09] but more importantly, the uses [24:10] are largely the same otherwise. [24:13] And so the compatibility is [24:15] maintained. And as far as [24:17] access goes, access isn't [24:18] proposed to be changed. So [24:19] there are access points there. [24:21] And so there'll be an access [24:23] off of 19 and then off of Boy [24:25] Scout with that. We do have our [24:27] team here. If there are more [24:27] specific questions that I [24:29] didn't cover from the questions [24:30] you all asked before, we're [24:31] happy to answer them, but [24:33] otherwise we'll we request your [24:34] consideration and approval. [24:36] Thank you. [24:37] >> Board members. Any questions [24:41] for the applicant? All right. [24:43] Seeing none, we will now hear [24:45] from the public. Is there [24:46] anybody in the room who wishes [24:49] to speak in support of [24:54] applications flu26-02 or dva [24:56] 26-02. Seeing none in the room, [25:03] do we have any online. I'm [25:04] going to take silence as a no. [25:06] >> The last time we checked [25:07] there was no one online. [25:11] >> Okay. We'll now hear from [25:12] opponents. Is there anyone in [25:14] the room who wishes to speak in [25:19] opposition to flu 26-02 or dva [25:24] 26-02? All right. Seeing none. [25:26] And I'm going to assume there's [25:28] nobody online either comes back [25:29] to the applicant. Do you have [25:34] any closing remarks? [25:35] >> No. I would just point out [25:37] that the I didn't mention the [25:38] development agreement in my [25:40] short discussion. But the [25:40] development agreement does [25:42] limit development more. It's [25:44] more limiting than what is [25:46] there today. But frankly, with [25:47] floodplain compensation [25:48] requirements, that's acceptable [25:50] because I think a 0.7 F.A.R [25:52] would be hard to achieve even [25:54] as it is, let alone the 0.5 or [25:55] 0.9. So we're comfortable with [25:56] that limitation and we've [25:57] agreed to that. [25:59] >> Thank you all. Thank you. [26:03] All right. Any final questions [26:05] from the board for staff or the [26:08] applicant? I have one question [26:10] for staff. With the non [26:12] buildable area on exhibit d, I [26:15] see that there is the I'm just [26:16] going to say it's a smoke shop. [26:20] But the commercial retail [26:23] overlaps that is that a [26:25] situation where if they're [26:27] going to redevelop the property, [26:29] they didn't really address that [26:30] in that corner and their high [26:33] level overview. But yeah, and [26:34] that just continues like a [26:35] nonconforming use. Or will [26:36] redeveloping the property [26:39] require that to be demolished? [26:41] >> The proposal is to demolish [26:44] the buildings they identified [26:45] during our discussions with the [26:46] applicant that the buildings [26:48] are all, you know, obsolete. [26:51] They've been vacant there. [26:55] There is no plan to to use them. [26:56] I can let the applicant speak [26:59] further on that. But yeah, that [27:00] would. [27:01] >> Just from. [27:03] >> How it's redeveloped. Yeah. [27:05] That would end up either being [27:07] a non-conforming if it was to [27:10] stay the same use, okay, would [27:13] be able to expand. Otherwise it [27:15] would, it would have to be [27:15] demolished. [27:16] >> So they could take this [27:18] through site plan and maintain [27:20] that building as non-conforming. [27:22] >> Yeah. As you can see the in [27:24] the building in the back too, [27:27] as well. The it covers that a [27:28] portion of that as well. [27:29] >> Okay. Understood. Thank you [27:33] for clarifying. All right. Any [27:35] other questions for staff or [27:37] the applicant. Seeing none it [27:41] comes back to the board. Do we [27:44] have any is it I'm willing to [27:46] entertain a motion on [27:49] application f Lu 26-02. [27:50] >> I'll move to approve case [27:53] number f-2602. [27:54] >> Motion by Oliver. [27:55] >> Second. [27:56] >> Second by Hamilton. All in [27:59] favor, say I I. I opposed like [28:02] sign. The motion passes. We'll [28:04] now I will now entertain a [28:09] motion on diva 26-02. [28:12] >> I move approval of diva dash [28:13] 26-02. [28:14] >> Motion by Hamilton. [28:14] >> Second. [28:16] >> Second by Larry Johnson. All [28:18] in favor, say aye. Aye. Opposed [28:22] like sign. The motion passes. [28:27] So. All right. That brings us [28:29] to the end of our cases. Staff, [28:31] do you have any remarks for us [28:32] before we adjourn. [28:35] >> a couple of couple items to [28:36] update on. I brought you before [28:38] that. We're we're looking to [28:41] switch over to a paper packets [28:43] and going to tablets. We got [28:45] approval. So we're in the [28:48] process now of of acquiring the [28:50] tablets. And hopefully we'll [28:52] have those at your next meeting. [28:53] And speaking of your next [28:55] meeting, we don't have any [28:57] items right now. So there [28:58] probably will not be a meeting [29:00] next month. So we would see you [29:02] in NOVEMBER. [29:07] >> Understood. So all right. [29:09] Well I hope you all have a good [29:13] OCTOBER if we don't see you. [29:14] Definitely happy to serve as [29:17] the citizens need us. With that, [29:18] I'll entertain a motion to [29:20] adjourn. So moved. Motion by [29:21] Larry Johnson. [29:21] >> Second. [29:23] >> Second by Hamilton. All in [29:24] favor, say aye. Aye aye. [29:27] Opposed like sign. The motion [29:35] passes unanimously. [29:37] >> You to Halloween? I can't [29:39] even think about that yet.