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Video-1: youtube.com/watch?v=DACkmObvILU

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What? >> Just look out the window. >> I said I'll save you the money. It flood's going to flood everywhere I did last time, plus a couple more places. >> Hello. >> Yeah. I mean, I don't think we need to spend that kind of money.

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>> It's raining. >> I'll be selling I'll be selling umbrellas after. But even if Sim County knows what's going on, weather guys know what's going they know where the flood's going to happen. turns.

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>> Yeah. No, it's true. [clears throat] >> The mics. The mics. >> The mics. >> Why? Everything seems to be working. Good. How are you? Good evening, sir. >> How are you?

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>> Hunky dory pizza, middle part clowning. >> I hear you. Is your power out? >> Yes, it is. >> So is ours. >> Oh, at the house. It was >> where you live? >> Uh Twin Rivers. >> Oh, yeah. Me, too. >> Yep. >> Everything south of Mitchell Hammock was out 8:45 tonight.

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>> Yeah. My wife text me and left. Jessica, I saw looked at the radar. I was like, I probably should have leave before my store had got to the park and hours. >> Where is he? >> Uh I actually live right across the street from Keith. >> Okay. Oh, that's right. Yeah. Yeah.

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Yeah. >> California. What's that? >> I'm the HA president. >> You are the HOA president. >> We're glutton for punishment. >> You are a glutton for punishment. As I was leaving for right before I turned on the walkway head this way, right at the front of the neighborhood, there was a tree crew trying to pull a

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tree down in somebody's front yard at Bobcat. >> What? >> They were. >> Yes. >> Everything. >> Yeah.

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the title's on those CVS, >> right? They're on the same part of they're on the same part of the grid as city, aren't they? >> Yeah, >> I did not know that. I figured >> like shelter.

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body. >> Yeah. >> Looks like you got wet. [laughter] >> I was trying to say alarm. >> Oh, really? >> I've been there every Tuesday night. >> Oh, okay. Somebody

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that's that's >> that would be my guess. >> Yeah. probably pretty spot on somewhere. >> Yeah, >> there is a substation. >> I think it's just

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>> Yeah. As soon as I got here, my wife text me. >> Luke said it'll be 9:00. I don't think we're going to get rain today. [laughter] >> Less rain than you. >> You know my umbrella. >> You got an umbrella.

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>> Well, when I saw >> I saw your umbrella. >> My umbrella's over there. up. >> That's the problem. >> Be careful. [laughter]

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>> I can't say much. My two sons graduated from there, so big audience. >> Yeah, >> one catch. >> I heard I heard all about it. >> Was it good? >> 80 minutes in.

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I didn't make it in time, so I sat in the car as long as I could wait for >> a whole They would go for Oh, okay. Believe me, they get a lot of >> the girls right up to their throat. Oh, I'm so sorry. Well, you're not sorry. [laughter]

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>> Wow. >> Right. >> But it's bad. >> Yeah. three legs running back. >> I feel like [laughter] That's why >> it's

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just no winners. You're getting you get players, you get parents. >> Well, in soccer, there really is no. It's like >> all this time is one zero zero z good match today, >> right?

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>> They were talking about it, >> but see, but people don't realize >> Yeah, it's Dorine. She's not here yet, which is why >> um it says it in art in attachment. >> There's only three reps. >> So, yeah. So in the in attachment six, which is kind of the the long version of

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the memo is the applicant is Darin Tibio. Save a life res. >> It does at the very end actually. The applicant is Darin Tibio. Save a life. >> I talked to her today. She's coming. >> She said she'll come speak. I think she

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has a presentation. >> Yeah. It would be cool to have the city. >> Good evening. >> Good evening. >> Good evening. Okay. >> Yeah, I was going to say I knew overall posit

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I met an import suffering from allergies. [laughter] >> Oh, sure. >> The orange get quite the crowd. >> Yeah. >> They're scared of the screen, right? >> Yeah. Right.

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Two boys game. [clears throat] >> I guess he was okay. Good. How you doing? >> Yeah. >> No, I had the umbrella miss to what7. >> Oh my gosh.

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>> Thanks for the offer for us. >> Yeah, I know. >> How you doing? just like immediately >> within like five minutes like >> is just like >> you okay?

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>> Good evening. Welcome to the July 7th uh local planning agency. Can we please have a roll call >> person tonight we have Ryan Hulcom, Daryl Lopez, James Griby, David Deber, Dr. Arian Bryant, Bruce Kavanaaugh, and Katherine Hunt.

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>> Thank you. At this time, I'd like everyone to silence their cell phones so we can conduct business in a more appropriate manner. Thank you. At this I'm going to open it to public comment. This is anybody wishing to speak that is not an item on the agenda for tonight.

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Seeing none, I will close the public comments. Next item is public meeting items. We don't have any currently for public items. So, we will move on to public hearings. No approval of minutes. You're right. Sorry about that. Under rush.

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What's the uh pleasure of board on the minutes from July I mean May 26th? >> I make a motion that we approve the minutes from May 26th. >> Is there a second? >> Second. Second. >> Thank you. Any discussion on the minutes? >> Seeing none. All those in favor say I.

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>> I. Those second. Post say [laughter] nay. Okay. Now we can move on to public hearing. Ordinance number 1773, zoning map amendment for plan unit development to planning unit of the Ovito marketplace. Uh is the applicant here? If you come up

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and state your name and address and what you're trying to do. >> Good evening. My name is Dorene Tribio. My personal residence is 37600 Largo Lane, Dade City, Florida. And um for the reason why I'm here um is

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to um I'm currently serving as the interim president of Save a Life Pet Rescue Inc. Um and Save Life Pest Rescue Inc. is is the applicant for this um amendment to the the PUD for Ovido Mall.

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Um just a little bit about Save a Life. Uh Save a Life Pet Rescue. Oh, you can't hear me? >> Oh, okay. >> Save a Life Pet Rescue Inc. is a notfor-profit nokill dog rescue shelter that rescues dogs that are scheduled to

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be euthanized by animal control facilities. Uh, Save a Life has been operating for approximately 20 years and has saved the lives of approximately 10,000 dogs to date. Uh, after rescuing the dogs, uh, Save a Life has

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historically adopted the dogs at weekend events in PetSmart Parking lots. Um but because of Florida's extreme sun and heat, this has been very hard on the animals, hard on the volunteers, and also hard on the adoptive families um to

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attend such adoption events because of the weather conditions. So in order to overcome this, approximately 10 months ago, Save a Life began adopting dogs in an airond conditioned space in Ovido Mall during open mall hours. The dogs

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have been there only during open mall hours because the Ovida Mall PUD agreement does not contain the necessary kennel language that would allow for them to stay overnight. So we are seeking a variance to add the necessary

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kennel language to allow the dogs to stay overnight in the lease space when the mall is closed. Uh this will avoid unnecessary transportation to and from the foster homes to the mall that has been stressful on both the animals and the volunteers.

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I've been working with um staff at the city of Ovido to apply for the variance. And I'm accompanied today by a couple of folks from Save a Life. We have Tamara Marshall here that is um the president-elect. Um and we also have

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Molina Perez who's vice president of Save a Life. So, we're all here to answer any questions that you may have. >> Thank you. We hear from staff, please. >> Thank you, Mr. Chair. >> And Darian, you can take a seat. >> I can sit. Thank you. >> Relax. Yeah.

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>> Uh, and just to be clear, uh, this is a PED amendment, not a not a deviation or or anything like that for any confusion there. >> Can't hear you either. >> This is a a PED amendment, not a variance or deviation, just to be clear for everyone on the board. [clears throat] Okay. So, this is a request for the

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local planning agency to recommend adoption of a zoning map amendment to change the zoning district for approximately 44.75 acres from plan unit development to plan unit development and recommend adoption of the amendment to the amended and restated plan unit development

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development agreement and conceptual development plan for the Ovito marketplace development of regional impact. That's the DRRi. Uh the applicant is Darin Tibio. Uh she's with Save a Life Pet Rescue and the property owner is Ovito Mall holding LLC.

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Okay. So this subject property, it's designated marketplace on the comprehensive plan 2045 feature land use map. It's uh got the PUB plan unit development zoning district on the city's official zoning map. Uh as you all are familiar by now unlike conventional zoning districts uh such as

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C2 for example the LDC does not contain minimum and maximum land development standards for PUD zoning districts. Uh the PUD zoning district land development regulations are established through the approval of a development agreement and a conceptual development plan and those

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are exhibits to ordinances which adopt the zoning map amendment. uh thus each PUD development agreement constitutes the creation of a unique zoning district that's the result of a negotiated process in which and during which sound and generally accepted land use planning practices and principles are applied and imposed.

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Uh a location map of the subject property is provided in attachment one subject property consists as mentioned 44.47 47 acres marketplace beauty uh and it is part of the Ovito marketplace development that's the mall

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um the DRRI for the mall is provided an attachment to and let's go okay so the subject property is uh located within the uh mall's designated regional shopping center um and that is what you think of

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when you think of the mall the the the just the meaty part in the middle Um and it is designated as partial 12A in their conceptual development plan. Uh and the applicant intends to open a kennel uh within the shopping center. Uh the

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proposed amendment amends the existing um DA um to bring this kennel land use as a permissible use to the subject property. Uh so currently um in the DA it breaks it down first into retail services which you'll see in the memo.

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It lists uh C1 and C2 uses and then it lists a number of specific uses. The next section of the DA jumps to the regional um shopping center which lists basically captures all of those uses prior and then listes lists uh more

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uses. So because the kennel land use is not listed as a permissible use within the regional shopping center, this needs to be amended. Um, and the reason it needs to appear here specifically is because in the C1 and C2 zoning districts, the

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kennel is not uh permissible within a shopping center. So that in the DA, this is where you would you would make that uh you would make it's not a variance, but you would deviate from the code in the DA here to add that kennel of land use. Uh, let's see. So staff compared the

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proposed kennel land use with the existing surrounding land uses and found the proposed kennel of land use to be compatible with surrounding land uses. Uh there's surrounding land use map provided in attachment five. Okay. There's no there are no proposed changes

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to the CDP. Um, and if you'll see in the memo, the use, the language being added is kennel with the detail that the kennel shall be sufficiently insulated so that no unreasonable noise or odor can be detected from the unit. And I believe we actually pulled that language from our code of ordinances.

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Um, there's adequate capacity for recreation, water, sewer, solid waste, and transportation to accommodate the proposed kennel use. Um staff recommends adoption of ordinance uh number 1773. City attorney reviewed ordinance 1773 and identified no concerns relative to

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content and accuracy. Transportation consultant reviewed the sub subject amended and restated PUDA and CDP for the OBO marketplace DRI conclude there should be adequate capacity on the city's transportation network. They they didn't u see a transportation impact

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from this this use. Um, and it is recommended that the local planning agency read ordinance number 1773 by title only, conduct a public hearing, and recommend adoption of ordinance number 1773. That concludes staff's presentation. We are available for

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questions you guys have. >> Thank you. >> Anybody have questions? I >> only have two questions. >> Go ahead. U, >> my first question is unreasonable. [clears throat] How how would you determine what's unreasonable? And that's in the um in the uh the

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parenthesis there. No unreasonable noise. So I don't know if we have a definition for unreasonable. There would be some subjectivity to that. Uh we it's it's not a uh I don't know how we would define unreasonable or reasonable de

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>> based Yeah. based on complaints that are received. So it would probably be a reactive scenario. So, if there's a lot of complaints, then the city would get involved with how to mitigate that noise, I guess. Yeah, >> that was my follow-up question. Uh, would code enforcement rely on nuisance

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standards already in place through city code, I guess. >> Yeah. Our code enforcement would would would follow up with their process, which I'm not super familiar with their process, but right, they would there's a process for code enforcement. If somebody were to file a complaint with

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the city, they would have to investigate that. >> Okay. Yeah, those are my questions. >> Anybody else? >> Are there any other concerns from anybody at the Ovito marketplace right now about having >> So, we we did the notifications. I mailed out um we posted the property.

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They're still out there right now. They're getting soaked. Um and we posted in the um Sentinel. No, nobody reached out to me for this one. Um I'm I'm always pretty much the one that sends all those out for these public hearings regardless of the ordinance. And I didn't get any um nobody reached out to

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me or came in about it. So yeah, >> this is just more of a side thought. What is a the process that I mean you may not even have the answer, but in the event like a storm or hurricane >> Mhm. >> is there anything like in terms of like how to get the animals out of there or

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any >> uh so that that is not something that the city would regulate. >> Okay. >> Yeah. Like an animal evacuation plan. Um, yeah, it's not something that we would check or or follow up on or or really have, frankly, the expertise to consult or or advise on.

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>> Okay. >> Uh, if applicants, you're welcome to ask them what sort of SOPs they might have. Yeah. >> Thank you. >> Yeah. >> Anybody else have any other questions? >> Quick one. Um, >> I assume that this plan is in its

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infancy. There's no there's no buildout plans for the facility. There's no it's just in its infancy. It's just an idea at this point. >> You can come back up. Yeah, you can come back. You need to come back up, please. >> The plan that the packet we didn't have doesn't really deal detail like that.

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And I just a question based on that. >> Maybe I'm not clear about your question, but um the the rescue has been in there for 10 months now during daytime hours. There's been zero zero complaints um any odor any noise complaints zero. It's

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been functioning just fine regarding odor and noise. It um I do understand that the that the space has a what is it called? uh a 2hour firewall between units in there which from what I understand is just some very dense

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drywall or whatever that would have help mitigate any noise. Additionally, there is carpeting for the acoustics that covers all the walls. So that too has there's already like mitigating um you

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know uh I guess buildout items in there that that would you know would insulate for for noise. And there's also the ability to take the dogs out to go potty if they you know they're going to be taken out regularly. There's a a door a

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back door and and a facility you know available facility grassy area there. Um, cages are cleaned all the time. We have a lot of volunteers, so it's a clean operation. >> No, no, no question. No question about that. My I guess my question really was,

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uh, the packet we received, it's it's it's really minimalistic packet, right? It's it just talks about unreasonable sound. It talks about some other stuff, but the plan, right, >> is not developed, >> right? >> The build. If I may, what we're talking

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about today and what you all are recommending is this is just an entitlement. Right. >> Right. Yeah. So there is no plan. >> This is just >> and there and to be fair, there really won't be a site plan for this. They'll because they're just going to occupy a suite. So any kind of modifications that they need to do, they'll go through a

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traditional building permit uh process, any kind of uh Yeah. interior redesign or electrical, etc. Uh but there won't be a site plan. Yeah. Yeah. But that you're right. that will come after this. Yeah. >> And then I I guess I I'm not an expert, nor do I expect you

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to be, but I'm assuming that a a standalone kennel like the one that's at the mall has certain uh standards that have to be met when concerns with environmental issues and stuff like that. >> Yeah, I think it's under the um >> correct me if I'm wrong, but um I think

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whatever the dog control um oversight, regulatory oversight would would also be in charge of oversight on the kennel. you know, make sure that the dogs always have water and you know, so I don't know the name of the animal control. Is it called animal control in Ovito? I don't

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know. But that would be the regulatory agency to oversee the operation of the kennel. >> O veto doesn't have an animal. >> That's close. That would be a a county seminal county, >> right? But but when when a business

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registers like how like a restaurant would register or a a healthare clinic [laughter] >> that is going to require certain uh requirements from the regulating agency that they have to apply the business with it.

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>> Anybody else have any questions? >> Yeah, I have one. >> Yes, sir. >> Um isn't there some kind of a kennel or boarding facility for dogs already at the OBO mall in the Sears Automotive Center >> there? It's not a uh it's a >> it's not internal. It's >> it's a dog spot and uh they actually

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small tangent they were going to come to do something similar to this but with the code update that then um it allowed that kennel to because that kennel was not going to be part of a shopping center like you said it's a removed building uh that use became uh permissible there without having to

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amend the DA because it's standalone. Their issue here is they're part of a shopping center and right now our code doesn't allow that. >> So I was kind of wondering along the same lines too. So this although we're using the word kennel when I think of kennel I think of people bringing their dogs for much like the place out there all the other kennels but that's not the

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goal of this. >> Correct. >> Uh Darin maybe you want to elaborate on the boarding >> the change in operation the how the operation would change there overnight. Yeah. >> Was the change. >> Yeah.

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>> Yeah. So the goal of this is simply to allow the dogs to stay overnight. >> They're already there all day long or at certain days. I shouldn't say all day every day. Uh because there are some select days that um yeah, but it this

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the meeting here is to allow the dogs rather than to be taken at the end of that day, taken back to the foster home, picked up back in the morning, and taken back. It would just allow the dogs to just comfortably stay overnight and you know ready for adoptions the next day.

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That that's really it. >> Anybody else? >> Let me while you're standing there, what is the protocol in the event of a hurricane? What would your what would your plan be? >> Well, I don't think it would be a major plan because nor at least right now

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there's only about 20 dogs that are there at any given time. you know, it's not >> a huge operation or anything like that. So, >> I think, you know, between volunteers that certainly the dogs could be taken away very quickly. Just as people would evacuate, the dogs could be ev

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evacuated. So, I don't see that as a problem. >> Okay. >> Yeah. >> Anybody else? >> What's the uh real quick? I'm sorry if you want. >> I've got one quick. >> Yeah. Go ahead. Go ahead. >> I know you want to leave them overnight. Who's watching them overnight? >> Well, nobody is there overnight. There

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there is 24-hour security in the mall. >> Yeah, I get that. But I'm I'm Is the facility going to be monitored by a staff member overnight? >> It it was not intended to be. Yeah, there was not going to be an overnight person, but sec the SEC Ovito Mall is okay with this and they have a 24-hour

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security and if there was any event certainly somebody would come, they would contact the rescue and you know, we would come immediately. >> Oh, you have a on call. Somebody who's on call. >> You have somebody who's on call? >> Yes. Okay. >> Yes. So that would that would not be a problem. But no, nobody there's not

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going to be like a cot in there or anybody to sleep. >> I have a question. Yeah. Just what's the disconnect? You I I didn't realize that you're in there a couple days a week now. >> Yes. >> What's the disconnect between being in there a couple days a week for six hours a day and spending the night? I mean, what what why is one allowed and one

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not? How they circumventing how they circumventing the kennel rule by being in there two days? >> Right. Kennel involves Well, I mean, kennel involves the overnight. >> So, it's just the overnight stay. Exactly. you'll see in in various land codes. That's a common distin distinction. Yeah.

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>> Okay. Anybody else? >> What is a pleasure board? >> I make a motion to adopt. >> Okay. >> Okay. So, let me say it right. I'll make a motion to adopt ordinance number 1773 of the zoning map. >> Uh we need to open this to public

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comment um before the motions. >> True. I didn't see anybody. That's why I just went I'll open it to public comment. Anyone who wishing to speak on it. >> Okay. >> Seeing none, [laughter] I will close the public comment. Okay. >> Go. >> Thank you for keeping me on. [laughter] >> I make a motion so we don't get stuck in

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this bad store. >> Definitely understandable. I make a motion to adopt ordinance number >> to recommend adoption. I'm so sorry to recommend adoption. >> I make a motion to re wait >> recommend. >> I re say that again.

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>> I make a motion to recommend the adoption of ordinance number 1773 zoning map amendment for plan unit development to the plan unit development of [laughter] marketplace. Do I stop now? >> That's good. You're good. Excellent. Is there is there a second? >> I'll second that.

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Since you made the motion, you're open. You can have a discussion. You have anything you want to add or say or >> I love puppies. [laughter] >> Since you that's all you want to say? >> That's all I want to say. >> Katherine, you >> what would you since you second you you

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can have your your two cents worth? Well, I'm in favor of moving forward with their opportunity to establish your kennel there at the Ovito Marketplace. [laughter] >> Do you have any comments you want to make?

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>> Noble cause. I just wish there was more information. I'm just unsure of some stuff. Some But it's a noble cause for sure. >> Got anything? >> Nope. Bruce, >> um, yeah, I kind of agree. It's a noble cause. I've had rescue dogs myself. Um, but I'm concerned about the, you know,

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unreasonable noise, the odor, and that kind of stuff for the overnight ed, you know, and there's a reason why, I know this was originally done in 1994, but kennels were not included in that sort of place. >> And I think, you know, like you said, well, it'd be code enforcement or something after the fact. Well, after

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the fact is way too late for them investing whatever they might possibly be doing in this. So, I'm I have to say I'm I'm not a fan, unfortunately. >> Okay. Yeah. Um, so I'll go. Um, so my concerns

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is also the the noise environment. Uh, if we ever get the apartments built on the other end of Macy's with the noise traveling, whether they're firewalls or no firewalls, that's one concern. Odor is another concern that I have as well. So, there's a reason why you don't put

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kennels in a mall or a type of mall, whatever it is at that point. So, um, that's just my two cents for the word. So, >> yeah, and that's why I asked the question about the word kennel because to me, kennel is like I take my dog someplace, I'm going on vacation, and they're there. And I know when I go pick

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up my dog, you can hear the barking long ways away. >> Right. >> But how do we distinguish a kennel and this sort of thing? Because this isn't really a kennel in the way I'm thinking of the word kennel. Right. >> Right. Yeah. You know, >> I would assume that the property owners

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would have done their due diligence that if it would have caused >> a significant issue, they probably would not have been receptive to it in the beginning with noise. And that was my initial question. >> Is there a max number of dogs? >> No, >> there is not a max number of dogs. And

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what we are doing with this development agreement is it does open it up to kenneling. Um so it's not a limit on the number of dogs. We don't have that in our um land development code or um development agreement. >> Um it does not limit it to just that

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unit either. Um so it allows that use within the mall >> anywhere >> anywhere in the mall. >> Yeah. >> I mean I I would guess I would guess >> anywhere in the regional shopping center. >> Yeah. I would guess if there were already been there for 10 months if

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there was issues for noise and smell. >> Yeah. But we're not talk we're not talking overnight. >> No, I understand that. But I don't know how long the dogs are there during the day. >> And the the other thing is for the for smell a lot of times if there's u intake

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for the AC, I guess it depends on the filtration. >> I mean, if you have like a charcoal filter that kind of filters it out >> for the rest of the mall. But >> hi Tamara Marshall. Um >> no, we we you can't you're we're done. >> Oh

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>> yeah. I'm sorry. >> Yeah. >> Yeah. >> Okay. >> Yeah. We we've already closed that out. It's just us now. >> Okay. >> I'm sorry. >> Understood. >> Um >> you want to take I guess we can take a vote. >> Yeah. Go ahead. >> Mhm. >> All those in favor say I.

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>> I. >> I. >> I. >> All those post say nay. >> Nay. >> That's three to four. >> Yeah. Yeah, >> there were three of us. >> There was three. >> Yeah.

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>> Well, >> the available options would be a recommendation of denial or recommendation of approval with conditions. >> Wait, say that again. >> What kind of condition? [sighs] >> We can either approve. We can either approve,

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>> right, >> or we can approve with recommendations or or stipulations. Right. >> So, >> but as it stood right now, we had four positive, three negative. Right. >> Right. But it's not majority.

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>> Four to three is not majority. >> It did pass. >> What? >> It's three to four. >> Oh, my apologies. I >> was going to say it's three to four. Okay. >> I'm just afraid it's going to open up a can of worms down.

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>> I would >> It's too late now. >> Yeah, it's too late. >> Yeah, but even I know we've already voted, but you know, one of my initial considerations is they've already been in there. If a problem was going to present itself, it would have presented itself at this point.

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>> Un unless I'm missing something. Construct >> possibly. >> Possibly. I think it's the dis the difference between the overnight from six hours for a day in and out to the over, you know, six hours to a 24-hour plot

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>> and no one and no one's supervising the animals at night. And in the event a problem does present itself that didn't um rise to the surface over these last 10 months but a problem does present itself after assuming this goes forward

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and they do get to um keep the dogs after hours there are pathways right if it becomes a nuisance where they could resend that decision right >> I don't know resend the decision but code enforcement would be involved and

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right then you have to And couldn't the couldn't the mall management evict them? >> Yeah. Yeah. Yeah. >> I don't know what the lease. >> That would be per the terms of their lease. >> Yeah. >> When's it going to city council? >> The first reading is July 20th and the

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public hearing is August 3rd. >> Okay. >> All right. So, we had a 43 positive, but it still has to go to city council. >> Oh, yeah. >> Correct. >> All right. Yeah, they'll see the 43 vote. Is that >> I said they'll see the 43 vote. >> Oh, they'll see the they'll listen to

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what we have to say. >> Right. >> All right. Moving on. Discussion items. We have none. Future mo meetings. July 21st and August 4th. Do we have anything planned for those dates? No.

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>> Okay. It is now 6:56. We are ajourned. >> All right. >> Please everybody drive safely in this weather. That's what it is.