Thank you. Oh, there's right there. Thank you. Boom. I'm ready. One minute to go. Oh, that's right. Well, it's too early to order. What? I mean,
will apply It's 6:31 August 18th, 2025, and I hereby call this meeting of the planning and zoning board of the city of Tarpon Springs to order. May we have a roll call, please? Mr. Vessie here. Mr. Rock
here. Miss Early here. Wson here. Miss Raldi here. Mr. Collins here. Miss Wade here. Thank you. And now we're going to stand for the pledge of allegiance.
Pledge allegiance to the flag of the United States of America to the stands one indivisible. At this moment we usually have a reflection. Um, would anyone like to um
reflect? Since I'm standing, I'll reflect. I'll keep it. Thank you. Perfect. Item number five is going to be our consent agenda.
Okay. Um I wanted to make a comment about consent agenda. Tonight's consent agenda is just two minutes. Uh and minutes of course according to past meetings. We have one that's particularly old but only two members were here and the others a little bit newer. Um we
had a meeting recently where the consent agenda went frankly rather fast and it was maybe without Thank you. It's uh Does anybody need me to repeat anything?
Okay. Consent agenda minutes. I think it's appropriate that if we are going to approve minutes that every board member has an opportunity and should reflect read those minutes and make sure they're accurate for what was stated in the intent of their conversation. That's why we have minutes. Sometimes we go back to them at a later date. So it can go quick
or it can go slow, but I do encourage every board member when there is a consent agenda for minutes, which is the only consent agenda that we usually do is is minutes. uh that uh you can say hey I want to wait and read those in a
different era we were had paper packages that were available now we don't use those so you would have to read them online or ask for a copy just to make sure that those minutes reflectly accurate accurately reflect what you said okay so tonight's first minutes is
for March 20th 2023 and uh I was apparently not at that meeting and we only have Mr. Rockline and Miss Early at that meeting. Um, and then therefore I would say you're welcome to
make comments on it or uh make a motion. Well, I'll make a motion. Uh, Mr. Chairman, uh, having read the minutes and having no dispute with the, uh, recording and and representation of them, uh, make a motion to approve the minutes from the March 20th, 2023
meeting of the Tarpon Springs Planning and Zoning Board. Second. And is everyone in favor of that? I I I Okay, super. Second consent agenda item is for the
minutes of July 21st, 2025. Present Cuscudos, Fessie, Rockline, Early, Swinson, Weaver, Collins. Did anyone have a reason to make any comments about the accuracy of those minutes? No.
Would anyone like to make a motion for approval? I'll make a motion that we approval of the I don't have the date, but July 21st, 2025. The minutes of July 21st, 2025. I can second that. Chairman,
all in favor? I passed. We'll move on to number six, the quai judicial announcements and the swearing in of speakers. This is a quasi judicial proceeding where the pling and zoning board acts in
a quasi judicial rather than a legislative capacity. At a quasi judicial hearing, it is not the board's function to make law, but rather to apply law that has already been established. In a quasi judicial hearing, the court is required by law to make findings of fact based upon the
evidence presented at the hearing and apply those findings of fact to previously established criteria contained in the code of ordinances in order to make a legal decision regarding the application before it. The board may only consider evidence at this hearing
that the law considers competent, substantial, and relevant to the issues. If the competent, substantial, and relevant evidence at the hearing demonstrates that the applicant has met the criteria established in the code of ordinances and the board is required by
law to find in favor of the applicant. By the same token, if the competent, substantial, and relevant evidence at the hearing demonstrates that the applicant has failed to meet the criteria established in the code of ordinances, then the board is required by law to find against the applicant.
If anybody's going to testify, please stand and raise your right hand. You swear affirm your testimony before the pling and zoning board shall be the truth. So help you. And I just want chair want to make sure there was no exparte communication.
Okay. And no conflict on it for anybody. Thank you, chair. Excellent. So the first item for discussion is
resolution 2025-51. And Miss Keane, before you start, I wanted to do just take a moment since we do have some new members. Um, I just kind of wanted to review the process that we will be following in a quai judicial element tonight. There's going
to be an introduction. We've had the oath done. We've covered exparte disclosures, which means talking about business with somebody, you know, not here. Uh then we'll have our staff presentation. At the end of the staff presentation,
I'll open up for questions of staff. If there needed to be clarification, something you didn't understand, wanted to hear more of, it is not the time at that to make opinion. It's just question period for clarification. After the staff presentation, we'll have the applicant's
presentation. And then again, we can ask the applicant questions specific to the application. Finally, we'll move to public comment. We'll have an opportunity for rebuttal and close. Both sides get a chance to make comments and then we do our work.
Okay. Miss Keane, please. Okay. Uh Ally Keane, principal planner with the planning and zoning department. Okay. This is a conditional use request under resolution number 2025-51. It's for the property located at 40349
US Highway 19 North. The property is uh just about 11.3 acres in size. Has a future land use designation of RNS retail and services and a current zoning designation of HB highway business. The applicants are here today requesting
conditional use approval to allow a school of general education. They are proposing to offer uh education for grades kindergarten through 8th. Uh they are looking to have approximately 40 students initially uh with five staff members which includes a headmaster,
administrative assistant and teachers. And they are proposing a schedule of Monday through Friday 8:00 a.m. to 3:30 p.m. Uh this is a look at the surrounding zoning. The property is outlined in yellow here on the screen. Uh all the properties fronting US19 in this area
are in the HB highway business uh district with the exception of a few properties to the south um are in the land conservation district. To the west of the um US19 is the RM residential multif family and MHP M home park uh
zoning districts. And then further to the north is some of the R7A which is a single family residential zoning. Uh the applicants are proposing the school to be located on the second floor of the an existing building on the site. It's specifically in this building here
outlined in red. Um the school will share space with an existing church on site which is operated by the applicant. Uh the entire space is approximately 7,000 square feet. It includes a 30,000 foot chapel area, five classrooms, an
office, restrooms, including an accessible restroom, a large kitchen, and an assembly area. Uh, this application was reviewed by our fire marshal uh with uh the applicant as well, and they did verify compliance with the applicable fire code requirements. Um, and the applicate also
provided some additional safety and security measures in their narrative that was included in uh their application materials and I'm sure they can provide additional information about that if you have questions during their presentation. Uh, when talking about circulation on site, uh, the applicant indicated that they are not going to provide any sort
of private transportation or bus services uh, with the school. All students will be required to be dropped off and picked up by their parents and they will be received and released at the end of the day at a designated location which is at the entrance of the school here. Uh the dropup pick drop off
pickup line will enter at the north driveway here and circulate through the site behind these existing buildings that have just been recently completed. Um and then will circulate around the site and exit the property at the southern entrance. Um, this circulation
plan helps to prevent any sort of backup onto US 19. Um, and it's also being reiterated that no students are going to be allowed to be dropped off at the street. They have to be dropped off at this uh, pickup station. It is supervised by a teacher or um, a staff member of the school.
U, when looking at your conditional use criteria, uh, they are not required to make any sort of modifications to the existing site. As with any project, anything in the future would be required to comply with any sort of local or state requirements. Um, when looking at the compatibility
with the surrounding and existing and planned uses in the area, uh, again, this is in the HB highway business zoning district. Um, as some of you may recall a few months ago, the board of commissioners approved a land development code amendment to allow a school of general education in the
highway business zoning district. And that's what is enabling the applicant to go through this process. Um and it's through conditional use approval. Um the you know when we talked about adding that to the highway business zoning district, we talked about how schooling options have changed over the years. And
with that also the desired locations have also evolved um where they're looking to be more on primary transportation routes. It allows them to appeal to not only local students but also nearby communities. Um some of these different school options are also uh tend to be smaller in scale. they
don't have traditional bus services and it's not as ideal neighborhoods. So there's some differences than what we've had in the past. Um another consideration is in the comprehensive plan the
uh US19 corridor has been identified as an area of transitional uh and these areas are where we're seeing transition already occurring and also expected to occur and where we're thinking special planning efforts may be necessary in the future. Um so there really is a possibility that this corridor may
experience some transition and change and there may be more of a mixeduse development pattern in the future. So this use is uh consistent with that change. Um so the comprehensive plan it is consistent with with that in the RNS retail and services feature land use category which does allow for uh public
and semi-public uses of limited size. Uh this property is not within our historic district. It's not an environmentally sensitive um site. Uh as far as adjoining property values, um it is occupying an existing building on a developed property that has a mixture of
uses. Uh the circulation plan is designed to not significantly impact the existing businesses as well as impact uh US 19 and backup circulation. Um the school is planning to operate at normal business hours and days. It's very limited in size. Um so we're not expecting property values to be uh
adversely impacted. There are adequate public facilities to serve the project. um it does provide or represent efficient and orderly development. And then lastly, with respect to public health and safety, um all applicable requirements of the Florida Department of Education as well as the Florida
building code will have to be met. Um in addition, the applicant will have to obtain a local business tax from the city. Um again, the fire marshall has reviewed this application for compliance with the uh fire codes. Um and they will be further reviewed any sort of building permit they'll have to do for modifications interior to the building
as well as when we do the uh local business tax. Um the school building itself is located at the rear of the property significantly sent back sent back from US19. Um and they're not offering any sort of bus services and the children will have to be dropped off right at this uh school entrance. Um so
we do feel that the um there will not be adversely impact to the general health, safety and welfare. Uh with that staff does recommend approval uh with the following condition that the local business tax receipt is obtained within 12 months. Uh we did properly notice the application and we
have not received any sort of written correspondence. With that, I'm happy to answer questions. So uh questions for staff starting with Matt. No, that was a good presentation. I have no questions. Thank you.
I have no questions. I understood the proposal. No questions at this time. I have no questions. I'm not sure. No question. I do have a question, Chairman. And thank you, Ally, for the presentation.
Uh we saw a little preview of it before uh when they came to have consideration for the conditional use. My uh the question I had was about the circulation pattern and does FOT need to approve any
sort of uh conditions or or awareness for this new use there? It just seems, and I'm probably wrong, but just from a a safety standpoint, that vehicles exiting will enter to merge
with possible vehicles that are slowing down to enter. And being that this is pick up and drop off is probably all going to take place around the same time in the morning and the afternoon. Is there any sort of standard in the uniform uh regulations and such that it
be arranged this way? I mean, it certainly makes more sense in the big picture as far as the location of the school, but just as far as going in and out, it just it just strikes me as unorthodox and it may not be have any impact on safety and and traffic flow,
but uh being that 19 is a a high volume road at the time, beginning of the day and end of the day, it just just warranted consideration. That's all. Yeah. So, um, FDOT wouldn't necessarily need to for this particular application review it for, um, necessarily
circulation just because they're using utilizing existing drive access points. Um, based off the limited size of the school with 40 students, it's kind of minimal um, impact to traffic on the site. Um, but I'm sure that the school
can consider potential op, you know, modifications to the circulation plan if necessary. But um I don't believe FDOT would have to approve anything for this use. Yeah. And I'm not certain about the necessity to to alter it. It was just a point where it seemed to be the back
door was presented before the front door. That's all. Thank you. Thank you. Any follow-up questions? I do have one. I'm going to follow up on his. Having been a drop off mom and
grandma, um you do see if it's 8:00 a.m. I don't know what time frames they allow them to drop off and pick up, but if you're dropping off, I've been in line, right? And there could be 40 cars going out there right away because it's like
bye bye bye and they're they're in a line. So, it's even though there is this great um you know flow path, I do worry that I actually don't worry as much about the entrance as I do the exit.
Forgive me. Is is there a question for staff? Yes. So, I believe we do need FOT to review it. Is that my question? Um that that would be a comment. That's more of a statement. I know that's why I didn't say anything. I am concerned with the exit. So,
okay. turn that any other questions for staff. U I got a I've got a quick question. If if they're exiting that property, there's no barrier on 19 for them to make a left turn out out of there. Correct. Correct.
It's a right turn only. I mean, it would be a right turn only. Yes. Yeah. Because this this lane here Oh, I'm sorry. Let me go back. This lane here that you're seeing is a left turn this direction. And it's only a right turn in and out of this property.
So there would be an appropriate sign basically at the exit that says right right turn right. There's no there's no avenue to turn left out of there. That's it. Just to follow up on what we're talking about really quick. I mean, I drove over
to that area and at first what came into my mind is, oh my gosh, getting in and out and for me because I wasn't familiar, but then I thought, and I don't know if this was the case
with your thinking, Ally, as well, um, they go to that church, they know, they know where the church is, they know where to turn. I didn't, so I at first was very concerned. Do you have any any more concern about that
as as far as just locating the property, getting to it? Yes. I mean, not necessarily, just because if if if their student if their child is going to go to the school, they're going to have to know where it's located. And there is um for the I was Tarpon Lake
Professional Center, whatever this little development is uh named, there is a fairly large sign for this development. So, it's a good indicator. um for the property. So I think for new students and new um parents that can be a good identifier,
which is 19 scary for everybody for me. Yeah. Any other questions for staff? Okay, then does the applicant want to make a presentation? Good evening. Good evening. For the record, would you state your name and address, please?
Yes. My name is Chuck Stewart and I reside at 2932 4th Avenue South in St. Petersburg, but our facility is uh the gathering with Jesus is 40349 US19 North Sweet 402. and uh just a couple uh I don't
really Alli's has done an awesome job throughout the process where we've been been uh seeking to to get approval uh for a school of education and I want to thank her for for for that. Um to address one other issue regarding uh
identification of the property, there's a big pylon sign out there and our our logo is going to go on that pylon sign next week. And then uh we normally have temporary flags like on Sunday mornings where we put out and they're 15 foot
flags with our name. So, so they'll hopefully be able to find it. We look forward to it. I don't really have any other presentation. I think again Alli's done an awesome job presenting what we would present, but if you have any other questions that I could address, I'll be happy to.
Any questions for the applicant? Starting at the left. Good evening. Uh my only question is there will not be like outside activities for the students like no recess, no outdoor activities. Is that correct? I believe the board of education is going to require us to to do a
playground and that playground will be uh just to as you look at that slide just to the right of the uh of this of the of the building in a fenced area that now contains uh parked vehicles.
And we we have an intent of of uh fencing off an area uh just so the kids can have a place to get some refreshment and have some swings and that type of thing, but it'll be supervised by teachers as they go out. Yes.
Roger. Thank you. Any more questions from the west side? Any questions from the east side? Yes, thank you chairman and thank you sir for coming again and uh proposing this. Uh I'll pose the same question to
you that I did to Miss Keem. uh you know there's there's generally a federal and a state manual for uniform traffic control devices and that dictates kind of the general principles of what's where uh for a reason and usually that's engineering and and public safety
concerns. Uh so again with the entrance and the exit, it's the the the fact that bothers me is that it's a northbound uh flow of traffic there. And having that entrance and exit transposed like
that, it's it's just I I don't know. Like I said, it's not so much a concern for me, but it just makes me think and and and I've had a public safety career for 40 years uh as a as a municipal official, and I've done a lot with
churches and schools as far as traffic and pickup and drop off and and such. And that all seems like it can be managed. But I was just wondering if you had an engineer or anybody review the site plan for the viability and safety
of that. And uh my other question was do you propose any parking for the teachers and staff that are going to be present besides the the folks coming for pickup and drop off? Uh first issue is the parking for teachers there. The parking lot is directly to the right of the school
building. Okay. There's a probably uh 75 by 100 foot parking area right there where uh where we park on Sundays and and the teachers will have access to park there. Uh we have not had anybody from DOT evaluate the traffic flow or
anything like that. But uh uh there there are even though they we do show one vertical line there going to the school uh there is also access behind the building uh for additional cars uh to come down.
Uh but as everyone knows when people go to school there's traffic flow. But to answer your question no we have not had DOT take a look at it. Okay. ju just to dot eyes and cross tees. It might be something that you want to consider and consult with just
to you know do your due diligence and such. Uh my other question that you answered about the parking you're proposing a a playground area. Will that if parking and playground are going to be kind of in the same area do you plan on fencing that playground and
the playground will will be fenced? Yes. Okay. Thank you so much. Sure. Any follow-up questions for the applicant? This is going to sound silly, but did anybody
talk to anybody about really making sure that everybody flows? Okay. Like painting arrows on the street? Would you be able to not the street, but the the frontage and around the park? Would you think they would let you do that like one way sort of?
Sure. We we currently have uh I guess the best word for it is is yard signs like the real estate yard signs. We have those now to direct people on Sunday mornings exactly where to go, which which way. Turn right here, turn left here, and
Excellent. Thank you. Any more questions? Thank you very much. You're welcome. It's a moment for public comment. Is there anyone from the public that would like to comment?
Hello, my name is Elaine K. I live at 5305 Peacock Drive in Holiday, three miles from right here and spend a lot of time in Tarpon. Um, just enjoying everything that's here, shops,
restaurants, even the concerts at Sunset Beach, you know, first Thursdays typically, except last week. Um, I'm a retired math teacher and a retired physical education teacher, and I'm an ordained minister and a hospice chaplain, and I currently serve
throughout all of Panelis County as a chaplain. And even at the age of 77, I've always been interested in education, in continued growth intellectually, emotionally, physically,
and spiritually, and in being empowered and empowering others. And this is the heart of why this school is to be started. Empowering others to become all that they're gifted to be and their desires or their hearts and their dreams
and provide value to the world to our local community here in Tarpon um to f to their families for themselves in personal growth and leadership. And many of our pastors have doctorate degrees themselves. So they're they're really
big on education and I just finished my doctorate degree through their education program in December and so their programs the school will be BK through eight but they have other college degree programs as well um that meet online
um and so I want to emphasize because it was so important to me when I was a teacher about uh people's strengths, people's uniqueness, empowering them in in the uh the best life that they have
in in um being a attribute to their communities. And so our people are full of integrity. They have attitudes of strength. They have a high emotional quotient EQs and they sincerely care for
others, each child. And so I learned, I grew and I achieved through them already. even you know when I was 75 when I started their program and when I rem I'm reminded that when I completed my internship and my residency which I
had to do to become a licensed clinical chaplain during those times one of the CEU courses that I took was validation therapy validating the personhood and encouraging them and all to be that they
could be and so that's what we're about each indiv individual's uni uniqueness and gifts and strengths. And so I I really highly support this this school. And I also want to add one final personal note about the exit.
That's the exit I use when I go there um about six or seven times a month to different things because we have some Friday night things and other things. And when you exit at that south uh drive area, it becomes a turn lane, you know, two
lights later. And I found there's less traffic there. And that Yeah, I'm older, so I'm slower reaction. And I like to go out that exit. It is so much safer and so so much easier and more time if you want to keep going straight north to
merge over. It really works well to exit right there. I never exit anywhere but there. Thank you. Can I Can I Can I interrupt? I just have a quick question before she sits down. We don't usually have questions of
public comment. It was something she said I didn't hear clearly. That's why I think that's fair. Okay. To to ask a question if she didn't hear something. Did I hear you clearly? Did you say you just got your PhD? Doctor of ministry.
Okay. doctorate. You just did this in December of 24. We had graduation December 1st. Okay. I thought maybe I misheard, but congratulations. Well, thank you. Amazing. It was a long time coming.
Thank you. I'm sorry that I wasn't sure I heard right. Yes. Um they have lots of education going on there for all ages. Thank you. Thank you. Is there any other public comment?
Did we have any of that uh electronic style public comment, Miss Ke? No, we didn't receive any. Super. Okay, then. Well, I'll close the public portion of the Oh, excuse me. Um, were there any rebuttal comments that you had about the applicant?
No, I don't have any. Okay, super. Okay, then. Uh well, we're done with all that and now we'll take it to ourselves and um time for us to uh deliberate the
evidence criteria motions and seconds. Okay. Would anyone like to make a motion? I can make the motion if you like. I um I would move that we recommend this
is 2025 51 um application 25-42 where the applicant is requesting
that pursuant to section 209 of the comprehensive zoning land development code um they are asking that we approve And so I would motion that we do approve of um resolution
resolution 202551. Okay. And I would second that, Mr. Chairman. I I have a I have a quick question before we go forward with this actually. No, that I'm I'm going to interrupt. We have a motion. We have a second. And now
we have time to discuss. So your timing is perfect. So now we can have a complete discussion about the motion on the table. All right. Go ahead. I I would be in favor of this motion, but I'm concerned about the the potential the future potential for bus
traffic. Is it possible and will my fellow board members consider u conditional a conditional addition to this that prohibits bus traffic in the
future without coming back for that approval? Is that something that that you would entertain? Well, um, since you were looking at me, I'll do my best to answer. I I would be
very cautious and probably would not try to put those constraints. Perhaps that question might be posed best to our council if such a proposed condition would be even appropriate. I I'll be honest. I I assume you're
talking about use of a bus as opposed to bus traffic. I don't I don't know what that you know I was trying to figure out exactly what you were I I think you're referencing their use of a bus and then going through that same scenario.
They're they're they're stating that it's car traffic for now and no one would be busted in. But by doing that, you're also prohibiting them from going on a field trip with a bus. So it's a very broad brush that you're
that you're taking with that. Um I I personally believe that the area itself will will dictate what use they can have for larger vehicles. Um so I I really don't think that that's necessar
necessarily something we would normally put as a condition in this. Okay. But I think she makes a good point. Maybe not buses but growth. We're now talking about 40 students, maybe 20, 30 cars because there might be multiple
students in a particular college. But what happens? I don't know how much you project the growth there, but if it becomes a 100 students, 200 students, I'm going to be very even more concerned about the traffic flow in and out of US 19 at that point.
I mean, how do you do that? There's probably a fire. Could I make a comment? Yes, please forgive me. In the review of the criteria for the conditional use on item number eight, it says there will be no bus services that drop children along the roadway. And
that's what we're voting on. So, I'm not sure that we can change that. And if the predominant number of these people are coming from the south in the morning, the traffic heading north is
much lighter than the traffic heading south. They're going to drop them off. They're going to turn north, hit the light, and make a Uturn. The folks, the moms and dads or whoever's dropping them off are going to face the south traffic. Not our issue, but
heading north to drop them off the traffic's not bad. And the reverse in the afternoon, they're heading north and then they're going to take their kids south. So, I don't see it as an issue. I'm not sure that it's our
purview to judge some of that, but in the conditional use, I think you've already limited your bus drop off. That's the way I read it. Any additional comment? Right. Well, the last comment was about
growth size, not just not just for buses, but for traffic. Maybe the applicant could answer that question as to what their growth uh projections are.
I would I would imagine that our projections right now to to start out is is uh up to maybe 20 students and I I think that we would probably max out 45 to 50 at very maximum because we wouldn't have space for them.
So the space dictates that that's yeah that was going to be my question is what's the ultimate capacity of the building? you know what would be the occupancy level considering the room size and and eress and hallways and things like that will be probably about the max 150
probably. Thank you. Any additional comment in regards to the motion? Can we have a roll call, please? Miss Wade? Yes. Mr. Collins? Yes.
Miss Weaver? Yes, Miss Early. Yes, Mr. Rockline. Yes, Mr. Bestie. Yes. Super. We'll move on to application. I don't have the number. So resolution 2025-52
conditional use and site plan approval to allow formula based restaurant use in the special area plan also known as mayor's crossing to staff effort presentation. I do.
Okay. Um, let's see. Okay, this is again conditional use approval and site plan approval uh under resolution number 2025-52. Uh, property is located at 1175 South Panels Avenue. The property is just over
an acre in size. The future land use designation is PRD, which is planned redevelopment district. The zoning is um SAP or special area plan. This is specifically within the Mir's crossing special area plan. This is a different special area plan than you're used to
looking at. Uh has different requirements and uh the applicants are here requesting conditional use approval to allow a formulabased restaurant use or a Chipotle um to be located at this um property. The project includes the
construction of a 2,385 foot building, uh, parking, pedestrian walkways and crosswalks, uh, two outdoor dining areas, a mobile pickup lane, bicycle parking, and landscaping.
Um, looking at the surrounding area and zoning, again, the property is outlined in yellow here on the screen. The Mir's crossing special area plan is just south of the downtown and Sponge special area plan which is north of Mirs. Um the boundary of this special area plan is
outlined in white here on the screen. Uh some of the other developments within this uh boundary are the Windexie shopping center and the former Accaria apartments. I think it's 10X Tarpon Springs now. And then there's also uh the bank. contains first Financial Bank
is at the corner of Mirs and uh South Penelis Avenue. Uh surrounding zoning along Alt 19 is a mix of neighborhood business and residential office. And then uh further to the west is residential multifamily. And then to the
east on the other side of the Penelis trail is agriculture zoning. Um but that's the former uh landfill site. This is just a look at the current conditions of the property. I'm sure you're all somewhat familiar with it. There's nothing there um except for some
existing drainage and storm water infrastructure along the Alt 19 uh frontage. Uh and then behind the property is the apartments and then Windixie is off to the north of the property. The Mir's Crossing special area plan was
originally established in 2008. Um this uh special area plan was originally intended to support horizontal mixeduse development uh with commercial multif family residential and medical office. Um right now it's developed primarily with commercial and multif family
residential. Um and within that special area plan it included a zoning plan and this is what you're seeing here on the screen. The requirements of the zoning plan are fairly limited. It just identifies your uh generally your permitted uses and then um also your
maximum square footages and uh F for each individual parcel or development site. Um and then in some parcels and areas it designated a build to line which are these dashed lines here. Um on the zoning plan, it does show a build to
line on the subject property, which is this red dashed here. Um at the southwest corner of the site, which is Alt 19 and then the entry drive, I think it's called Tiki Drive. Um and when we were doing d um preliminary discussions with the applicant and the
potential options for this site, um it was staff's opinion that some of the existing drainage uh infrastructure and the there's a drainage easement along the alt 19 frontage as well as the grading of the site really impacts the overall original design for this development. And we felt that um and
recommended that they address the southeast corner which is along the roundabout and more the internal um streets of the development and address that frontage in lie of the original build two line. So that's what how they designed their site um and why you do
not see the build two line here. This is a look at the proposed site plan. Uh again it is comprised of a 2400 approximately restaurant building. There is a parking lot with uh 27 parking spaces on site. Uh includes bicycle
parking which is uh proposed here close to the front of the building. Um there are two outdoor dining areas. One is by the front entrance of the building. The second is situated along the internal um streets and sidewalks along that southeast corner. Um the site has
several different pedestrian walkways and marked crosswalks. Um there's basically leading to the front door, one here from the south, east, and the north. Um and then there's a mobile pickup lane that wraps around the back side of the building um along the alt 19
frontage. The applicant provided a detailed narrative about the mobile pickup lane. Um they wanted to reiterate that this is not a traditional drive-thru uh window. Uh customers cannot place orders at this lane. They can only place an order online or an app
and this is purely for just picking up their food. Um they said on average they have approximately two customers that queue at at any given time. Um they have an average wait time about two and a half minutes with about 65% of their customers being served in under two minutes.
This is a look at the proposed landscaping plan. uh the landscape plan that they have proposed does meet and in some cases exceed the requirements of the land development code. Um I'll just highlight a few of the areas and I'm going to go into more detail um later in the presentation. Um but along the
mobile pickup lane they are proposing a um continuous hedge row uh along the drive lane and a series of trees. This provides some screening of that um drive lane. It also helps improve the aesthetics along the alt 19 frontage. Um they're also proposing some enhanced
landscaping along their primary pedestrian connection here which is basically accessing from the um apartments and then also landscaping and some shade trees around the um second outdoor dining area along the street.
They are also um proposing a continuous hedge row along the southeast corner all the way around here. What that does is help to define an edge along the street. Um some of you may recall in our other special area plan, this is a common treatment that we use for individuals
that are developing properties um in lie of them placing their building right at the street line. Sometimes they will do a hedro or a fence or wall in lie of that. Um and then they also have all of the required screening, parking lot, interior landscaping and buffering
requirements. The land development code has a definition for formulabased uses. Um, I won't read the definition. I think we all know what they are. They're basically chain uh retail establishments and restaurants. Um, specifically in our code, we state that it has to be an
establishment that has 15 other establishments elsewhere in the United States. Um, and they have to maintain two or more of these items listed here, which is basically the same merchandise, facade, decor, signage, and then for restaurant, a basically a prescribed
menu. Um, the this section of the code also requires conditional use approval of any new formula based use that's located outside of a specified boundary. And this is the boundary here on the the um from the code. And that's essentially
anything that's not really along US19, we have a conditional use approval process for formula based uses. So for the formula based uses that require conditional use approval, we also have a set of additional U criteria
for you to consider in addition to our regular conditional use criteria. And this is really primarily to help um determine whether or not this type of use is appropriate for the area that it's proposed. and it gives you some um more flexibility on the overall
aesthetics and design of the um the development. So the first criteria really is focused on that compatibility factor and all of these um items here listed are really um geared towards the overall aesthetics and the form and
massing of the building, the site layout, um how you can make it more pedestrian friendly for the area and really how you can make this um typical business that you could you know pick up and plop anywhere in the United States and make it maybe a little more unique
to the area. The second review criteria is for formula based uses that are located in a plan development that exceeds 40 acres. That one's not applicable to this project because Mir's crossing is only about 17 acres. So we'll only be focusing on the first one.
Uh so when we were reviewing this application um we did identify several site features that did meet the overall intent of several of the items identified in the formula based review criteria. Um first of which is the building orientation. Um as most of you
are aware most businesses like to orient their building facing the busiest street possible. In this case would be Alt 19. Um in this case they are proposing to have the main entrance face inward to Mir's crossing. So it's facing this direction here. Um what this does is it
helps to promote walkability. Um and it helps to engage people from their possibly living in the apartments or coming from Penelis Trail to go directly in there from walking or biking rather than driving over. Um it also is facing to their direct uh pedestrian connections. Um and they have more
connections again here that go right to the main entrance. Um, by orienting the building inward, it also allows the mobile pickup window to be wrapped around the back side of the building, fronting all 19. This screens it from the residential apartments um, and then also helps to improve some of the
circulation on site and have less conflicts with the pedestrians. The second item is the activated internal street frontage. Um, the main item with that is that second dining area proposed along the street front.
Um, this isn't this helps to activate that street area. You know, it puts people right there by the sidewalks, gets people excited, maybe livens up the area a bit. Um, but it helps give another option for dining uh for
customers. Um, and then they also are proposing again some enhanced landscaping to um create a a more inviting environment um walking into the restaurant. Um and then uh some shade trees to give a shaded dining area so it's not as
sunny. Uh next are the pedestrian amenities. Uh the Penelis trail as we know runs along the uh east border of this development. So the proximity to the trail really necessitates additional pedestrian amenities. So their additional um pedestrian connections to
all of their sidewalks on all sides um helps to do that. They have marked crosswalks so it makes it very clear where pedestrians should be going. Um and then they are proposing um to have some bicycle parking um available for customers. Uh the next is the landscaping and
buffering. Um this is where we felt that they really did meet the overall intent of that um that criteria because their plan does exceed the requirement of the land development code. Um it exceeds those minimum requirements. Um and then then specifically that hedge row that we
discussed along the southeast corner by creating that defined edge at the entrance of the development. Um it helps to enhance that pedestrian experience and that interaction between the public and private spaces. Uh the next is the interior parking. Um
it's kind of opposite but it helps to take it interior to the site and you don't have a sea of parking along Alt 19. So as you're coming into town you don't have additional cars parked along the roadway. Um and then again it's lined with uh landscaping to help provide some screening and additional aesthetics. Uh the last item were the
architectural features of the building. The facade is proposed to have a mix of materials. It includes metal, brick, and some cladding. They're also proposing the roof line to be angled. So it provides some different um architectural features and interest to the building.
It's more of a modern design. That aesthetic is complimentary to the existing structures within Mir's development. Um, and then the primary frontage or the front of the building includes large transparent windows and canopies over the uh doors. And those large windows really again promote
walkability and make a more inviting entrance. These are the elevations. The two bottom ones are um that main entrance. So you can see those large windows, but probably the better view the renderings of the building. So this again is that
primary frontage where you can see the large windows, the angled roof, the mix of materials, and then this here is the mobile pickup lane, which is a a brick wall across there. It's a little dark on that screen. Okay, so moving on to our traditional
conditional use criteria. Um the the project does conform with the land development code as well as the requirements of the Mirs Crossing special area plan. Um, and we do feel that it's consistent with the overall intent of the Mir's Crossing special area plan based off of our analysis of
the formula based uh, use criteria. Uh, and we also feel that it's consistent with the comprehensive plan requirements. Uh, the property is not in the historic district, not an environmentally sensitive site. Um, with regard to property values, it's located along South Penelis Avenue. It's a
commercial corridor. It mirrors Crossing was intended to be a mixeduse development. uh includes both residential and commercial uses. The site layout is utilizing the internal roadways. Um so it has less interruption to alt 19. Um and it helps to integrate
sidewalks, crosswalks, bicycle parking, makes it more accessible for pedestrians to that live within Mir's crossing. They're on the penelis trail or in some of the nearby residential communities to get to the development. So we don't believe that the um adjoining property values will be adversely um affected.
uh the there are adequate public facilities to serve the project. Um it does uh represent efficient and orderly development. It's an existing developable site within a planned um area and it has existing infrastructure and utilities to serve the project. And
then um the proposed project is not expected to adversely impact the general health, safety and welfare. uh for your review criteria for a site plan. Um again, the proposed project is found to be consistent with the comprehensive plan and the special area
plan requirements. Um the site plan is compliant with the land development code requirements that are applicable and we've outlined all of those in the staff report for you to review. Um the project really proposes little to no impacts to the facilities. Um so it does meet the concurrency management standards. And
then lastly, the project uh as always will be required to and is expected to meet the building codes. So with that, um for resolutions 20 and 2552, we do recommend approval of both the conditional use and the site plan. We have three conditions. Um one is that
the construction plans are consistent with the approved site plan, landscape plan, elevations, and renderings. Um the second is that they have to comply with the public art program. and then if they exceed the the um job value and then the third is the site plan shall expire
within the six months um unless they obtain their building permit. Uh with that I'm happy to answer questions. That was a fine presentation, Miss Keem. Uh I think we'll switch things up and we'll start over to the right. Questions
for staff. I had a question on what is the art? Oh, the public art. Sure. Um, so there this is a require this is a plan development code requirement. We typically put it as a condition just to reiterate it um to the
applicant um and they fill out a form um with it as well for this application. But basically, if the aggregate job value exceeds or is equal to or exceeds $1 million, they have to basically comply with our public art program. So, they have to essentially give a certain
percentage to either do a public art project or pay into the fund. Um there's options laid out in the code. So, that's all determined at the um building permit phase. So, that does not necessarily mean that that art project has to be at that location,
right? Yeah. they have an option to to choose and if they want to do it at that location then there's parameters of how they go about doing it there. They have to work with the the Pelar committee to do so. I bet uh no questions or comments just thanks
again to for the presentation. The staff did a great job. Thank you. I would say the same thing. I've got uh just a few questions. So um I'm happy to see this this kind of development here. Um
so reviewing the drawing, there are some isolation mains out front I haven't seen reflected in the plan. Um they probably belong to the apartment buildings that are there. Are you are you familiar with what I'm talking about? the the isolated mains like utility the isolation mains that are out in
front like on the all 19 side or in the internal drive. Yeah. I just want to make sure you have a plan for those because I I'm not sure if they belong to the city. They're probably for the apartment buildings behind and I didn't see them reflected.
I I'd have to look at the utility plan sheet in the um overall plan set which is is in here but um to see exactly what you're talking about. Um it could be either utilities for the overall mirrors crossing development or it could be a
city line that's but that's typically would be in the right of way. Um just so you're you're aware that I'm not seeing them reflected in the plans and they do exist on the property. Um the on the phototric drawing.
I I I think the the uh east side of the property, the I should say the alternate 19 side of the property uh doesn't appear to be impacted by the light. However, I don't see any shielding on the back side and they may want to
reconsider shielding some of that light considering those are residential apartment buildings behind. um they don't have to uh alter the lights other than put some kind of shielding in that direction on the actual fixture themselves. That may end up causing a
problem in the future to to the residences if that building is glowing a little bit at night. Um and then there's something else. I have a question uh for you. Maybe you can enlighten me.
I often see u seating areas that are adjacent to parking and especially in this particular plan. Uh people are basically pulling vehicles in and they're facing uh direct customer
seating areas, outside seating areas. And is there a requirement for some kind of ballard, some kind of something more substantial than just a metal fencing around those areas? So there are requirements in the code as
far as the parking spaces for landscaping and pedestrian like walkways. So where like and that would be like a wheel stop for example. Um those are required along these front spaces. Let me see that might be a little easier to see on this one. Nope,
not really. Um so wheel stops are required along this walkway because of how close they are the walkway. is that prevents your car from overhanging the walkway so you can easily walk through. Um we also have that requirement for landscape areas that are required as
well, but depending on the depth of the landscape area, you can just have a curb um for that situation. We don't necessarily have in our code a requirement for seating areas. Um
but that's the requirement we have in regards to parking. in uh or walkways in landscape areas. As someone who has owned commercial property and had someone jump those um
tire stops, actually used it as a launching pad and uh and ended up 15 feet beyond where they thought they were going to be. I would I would always caution anyone approving seating areas that are
directly in front of parking. Something you might want to consider if it comes up. That's that's the only questions I have. I think you covered you were talking about lighting and make sure the lighting is shielded. Um, you know, this
is a big company we're dealing with. They do this all the time, but there are requirements and we don't want to light the whole world. Um, and in regard to the outdoor seating, again, we're trusting that this is a huge company that they know how to build seating
that's going to last and not fall apart, but I would hope that they also, this is an internal issue for them and their management monitor. We don't want the trash from that blowing all out in the yard and all through the the uh
apartment building area. And I was a little concerned that if I'm reading this correctly, the dumpster is on the inside toward the apartments. It's angled. So this is the dumpster location. It's angled, but it's it has a full enclosure. Um
on the norththeast corner. Yes. dumpsters are really loud and especially when they get dumps dumped and we are right by people's bedrooms. So, that might need to be examined a
little bit. Um, otherwise, it's not the comment time, but I'm going to pop in. That's directly across from the existing dumpster from the apartment complex. Okay. They're going to be staring right at each other. Okay. Thank you. I needed that
clarification. I appreciate that. That was it. Um my question is the site plan shall expire six months from effective date. That date is effective upon board of commissioners approval. Yes.
Does that include the building of the entirety or is that just the start date? I'm sorry. Say that again. If the board of commissioners approved it, is this six months for end of like move in ready? Is that what that is?
No, they have to basically obtain a building permit either for site work or vertical construction within six months of that effective date, which is the approval. He can't place his order yet. Yes. I have a couple questions. Yes.
No. Um, since the staff report's so big, I'm want to make sure that I want to get to the right place. So, I have a question. Uh, it looks like page two of the staff report under planning considerations number four.
So, planning considerations when considering this application such such number deeper into that paragraph and I'll just read it during Preliminary discussions with the applicant comma it
was staff's opinion that the existing drainage easements infrastructure great impacted impacted this original design uh be better served. My question is you wrote that so you understand what you were suggesting there. Has that been
met? Were those concerns addressed? So you wrote that you had concerns maybe I didn't understand what the concerns were and have those concerns been met? Yes. So when we were having those discussions, we were discussing basically the requirements of the Mir's crossing
um development and the zoning plan on this um property that build to line was the primary concern of this property. It basically was saying a building or treatment needed to be taken place at this um southwest corner where this uh
red line is. Um but there is existing basically drainage and storm water infrastructure along this um alt 19 frontage. So you can see kind of on the site plan there's this kind of empty area that's basically accommodating for that infrastructure. Um and that build
two line really was along there. So when we were having those discussions, staff felt that kind of addressing this corner and doing something along this frontage maybe met the overall intent of the Mir's Crossing Center by having
mixed use, being more walkable, kind of this compact development. Um, and then we worked with the applicant of some options of what they could do to address that. Um, but that's what we we worked with. So we we felt that they they met that.
Okay. Thank you. Um I have a couple other questions so that I understand clearly the conditional use was triggered not by a formula based restaurant within the
mayor's special area plan but by the fact that the formula based restaurant was outside of the 19 corridor. Yes. Okay. So then that means that within the Maris Crossing special area plan, a
restaurant was always an approved use and part of that special area plan. So in the mess crossing special area plan, it calls out inline retail. Um that's the use that's in there. Um so retail just very generic in general. Um
so that was a discussion that we had uh internal about the use. So, restaurant retail. Yes. And there's and within the Winds Dixie shopping center, it's more inline retail, but there's restaurant uses in there as well.
Okay. And then last, um, as part of, and I've lost it within the page, the formula based restaurant plan number one, subf, there's a comment of, I'm going to call it the 50-foot rule. And the 50
foot rule says, and I'm going to go from memory here, so if I'm wrong, correct me, that should there be frontage that that and that frontage were to exceed 50 feet, they'll make it look like it's a couple of businesses. So we're not standing in staring at a big long gray line that looks like the back of a
building, which is exactly what the elevation shows. So, I'm would like to know if that had been noticed, if that complies with that rule, and if that elevation is what's going to be built because it's not
consistent with what our regulations say. Um, so that was part of the consideration. So, we looked at we looked at like basically we looked at all these con this criteria as a whole and the overall intent of what it was trying to achieve. Um, and we felt that
they were they achieved generally what we're trying to get with this criteria. Um, that is a consideration of the board. Um, I'm assuming you were referring to Yep. this and go back up one. It gives a little bit better view. So up top left. So
that's what's going to be staring at Alt 19. Y. Okay. Super. So that's what we're going to see on Alt 19. And how long, if you made a guesstimate how long that is? I can probably tell you. Oh, I can't I don't know if I'm going be able to read it. I'm sorry. I can't read it from from
I couldn't either. I I can I can pull up the the plan. Um Okay. So, since I'm kind of drilling into that, could you also go to that section on formulabased 1.5 and just read that rule out loud so that we know if we're approving such a thing and we come back
to this. There it is. F. storefronts greater than 50 feet period in width shall be detailed to appear as multiple storefronts. That does not look like a multiple storefront to me. No, I mean I think that probably a
better way to achieve it I think making it look like multiple storefronts would probably I think a better way to achieve the intent of that is maybe a different treatment to the wall to break up the monotony of the brick. I think that's a
better um avenue as opposed to making it look like fake storefronts. Um, so I think that would probably be a better avenue to take. Okay. And that would achieve, again, it's about the overall intent. Oh, hi Louise. Long time no see.
Hello everybody. Renee Vincent, planning and zoning director. So when that was written, it was really meant to apply to large retail type buildings that are exactly that, you know, just one ginormous
like retail building. Um, so we were trying to meet the intent of getting multiple facads, you know, the appearance of it. Um, also think about when you're thinking about how we apply it, think about it's the frontage, meaning the the intent was the front of the building, which we've oriented to
the inside circle. So, that frontage is what we were more concerned about as opposed to the back frontage. So, that was the way that we kind of interpreted that on this goound. So, open to suggestion. Obviously, it I appreciate you coming up to speak to that. and and I agree, but I just
wanted to I asked those questions to make the point is first it's rotated against the way the rules were written. And I know we change and flex, but that's how it was written. So, not only is it rotated a full 180 degrees, then we add to it by showing the back that is
it is what it is. It's probably going to be real pretty, but it misses that again. So, now we've got a miss. I'll call it a fail. Then we've got a second fail. And I just wanted to bring it up and say I think that it could perhaps be rethought and redone because what we see
on a picture now looks pleasant enough, but as we're all sitting there in traffic, we might think we missed that. Okay, thank you. That's all my questions. Does anyone have any follow-up questions
for staff? hours of operation. Um, I will let them answer that, but I think actually it was in the application materials, but I'll let them answer. No, we'll wait for And also, yes, I do have another long discussion. I believe what we're doing
also is pretty I'm not sure your microphone is on. Do we have a Are you uh for this particular development? Um are will the landscaping along the um the drive aisle? Is that
what you're referring to? Yeah. Yes. Okay. Thank you. Okay. Well, if there's no further questions and we'll ask the applicant if they'd like to make presentation. or you can use the welcome. Good evening, Mr. Chair, commissioners,
Brian Angst, 625 Court Street, McFarland, Ferguson, and McMullen on behalf of the applicant joined by Brad KS who is uh developer Paradise Ventures and also by Eli Payne who is our civil engineer. Uh this is a very exciting project in our mind. This is uh the Chipotle Lane. It's the new product uh
rolling out nationwide by Chipotle. Uh this will be the third if it's approved Chipotle Lane in Penllis County. Uh first one was open in St. Petersburg in February and one was open two weeks ago in Deneden on 580 by Main Street. Um so we're very excited uh to bring this uh
to uh the Mir's crossing um special area plan which would serve the apartments that commercial corridor penellis trail and also uh um Florida hospital north penellis is right nearby as well and we think people would love to walk back and forth from there uh whether they're employed there or you know visiting
there uh for whatever reason. So you're very familiar with the site and I am going to answer as many of your questions as I can. You're very familiar with the site. The site is currently vacant. Um, it should be noted that our client worked very, very, very closely with staff and as you know, Miss Keen gave you a phenomenal presentation. Uh,
and I will not be able to beat her in her presentation, but hopefully to add to it a little bit. But we did meticulously design the site plan and the landscape plan to the staff's preference, which is exactly what we wanted to do because we wanted to make sure that we were meeting the intent of the mere special area plan and the land
development code in their opinion because they're your experts and they're who you rely upon. Uh and so we wanted to make sure that we did that. Um so as you've noted, the only reason we're here, we're not asking for any variances or any waiverss or anything like that. This is because any uh any chain
restaurant outside of the US 19 area essentially must come to you for a special conditional use. And that's because we don't want chain restaurants showing up in the historic sponge docks or in places that would be potentially inappropriate. whereas obviously we feel like um this this area is very
appropriate uh for this exact use and also for a innovative new uh cutting edge use uh such as the Chipotle lane concept. So to try to answer some of the questions, I'll try to go in reverse order. Hours of operation are 10:45 a.m. to 9:00 p.m. Um all lighting is interior
to the site. Uh and Mr. cars might be able to describe that a little better, but they're uh propriety um uh Chipotle required lighting to make sure that you don't cast anything more than a shadow off site. So, there won't be any illumination um offsite. Uh the dumpster is is located, as you can see here in
the northeast. It's it's fully enclosed. It's approximately 200 f feet from the closest area of the apartment, and that area is also their dumpster, uh which is also enclosed. So the dumpsters are kind of um you know I think strategically located to avoid as much um as much
interference as possible and of course the sanitation will be picked up during normal daytime hours. Uh it's not like there's going to be sanitation trucks out there at night or anything along those lines. Um to address uh the chair's points um again the building was oriented the way it was interior to mess
at staff's request. Um, we do have the the exceptional landscape plan which we work really closely with uh city staff on the arborist on and you that hedge row along Alt 19 which is screening. So it is all the parking and drives have to
be screened per code. We feel like we met those screening requirements. Having said that, if you'd like to have us work with staff and the board of commissioners on a treatment, maybe breaking up the paint or something on that rear, what we're calling the rear uh of the of the mobile pickup lane. Um
we're happy to do that as well. Um I'll let Mr. Payne, if if it's necessary, ma'am, address the the mains that are there. Um and also um the issue regarding uh let's see, what was the other question? Um I think that was basically
it. Um, this these are the stats on how the how the mobile pickup works. Essentially, your average weight is 2 minutes and 33 seconds. There's two cars uh and 25 cars in a peak hour. Um, which as you can tell is is very efficient and obviously the name of the game uh in
this business is efficiency. Uh, and that's uh that's that's what they're shooting for. Um, so if you have any additional questions, we're happy to answer those. Um, and uh appreciate your hopeful recommendation of approval. Thank you. You guys want to add anything? Good.
Question. Okay. Questions for the applicant. Starting at our left. No questions. Thank you. I think you already tried to address the questions that I had posed. Thank you. Could you elaborate on the fencing that
is protecting the outdoor seating area? So, the pedestrian seating area. Yeah. Let me try to go back here to the No, I don't know how to come back. There we go. Okay. I'm not sure if we have a better picture than that on maybe on the staff presentation. This will work. Hey, good evening everybody. Brad KS
with Paradise Development 140 Caroline Parkway, St. Petersburg, Florida. So, was your concern with this outdoor seating area or both of them? Both. Okay. We, as Ally touched on, we actually have a wheel stop and there's a 6-in raised curb in front of the
building. So, there's essentially two wheel stops there. But I do hear you and we could we could propose a ballard or maybe two ballards in this spot right here that will definitely prevent somebody from jumping that curb or that wheel stop. And then this row of parking down here, we can do the same thing. We
can put a few ballards and that should address the issue. I think it would be really prudent and I appreciate you addressing that. I agree. Thank you. And then on the phototrics, we did conduct a full phototric study. And there's there's language in the code that prevents light spillage, you know,
onto the adjacent property. And we're actually proposing to use the city's approved uh decorative fixtures. It's like a gooseeneck style fixture. So, shouldn't be any light spillage with those. It basically directs the light straight down. Very good. Thank you. And then I think I think you had one
more concern about the utility appertenences that exist out there. the the valves there. There's actually an easement right here. It's kind of difficult to see on this plan, but that's where those big backflow prevents are, and they're proposed to remain. We're not proposing to impact that area at all.
And I I presume somewhere on site you you have grease traps and and built into that plan. I just didn't I didn't notice where they were, but they're there, right? Yes, ma'am. It's it's in the back of the house here. If I could zoom in, I could show you. But that that little box right at the tip of the mouse, that is a a
proposed grease trap. Thank you. Back uh back up. I'm sorry. Did you address where deliveries come in? Uh deliveries, I I believe are we able to show a site plan on here because we
have truck routes. Yeah, that'd be great. To answer your question, we ran an autoturn template for both the city's fire truck apparatus and and a uh delivery truck, and it can adequately uh ingress and egress the site. No issues.
Oh, I don't know if that's any bigger. See what page are your said, "Is it?" Yep. This depicts the truck router here. Yes, it does. So, can you see that? So, what what he's showing right there is a a truck route.
So, they used a special formula to show that delivery truck looping around the the property. Yes, ma'am. So, the truck right now would make a right turn off Alt 19 into the development here, circle around the roundabout, enter the site at the
northeast access point, and it's able to easily circulate around the building, and then exit this driveway here back onto Alt 19. See if I can zoom in. And that's of course been reviewed by city traffic engineering. And you know, the city's experts at the fire department reviewed this for their fire
truck. Sanitation uh reviewed it to make sure their sanitation trucks can get in there. All of them have agreed that it's designed appropriately for them. No questions. No questions. Questions? No more questions. Just just one quick
one and thank you very much for answering uh the questions that were and raised his concerns before. You had 136 uh lane lanage customers proposed as the average for these type of establishments.
What would be the additional in-house visitation seating sit down and eat type of uh visitation that would be added to that? I I don't have the answer to that. That's just kind of the average business they do from the Chipotle lane and from the online orders, right? Or the mobile
orders, but I don't have the the data for what they do for standard, you know, go in the store and order, right? But you do have you would we didn't see a floor plan per se, but I would imagine you do have tables inside also in a county where people could go up and so there would be some additional
likely. Yeah. No. Thank you. Any additional questions of the gentleman? Thank you all. Thank you. So, at this this time, we'll go to public comment. Do we have anyone from the public
that would like to comment? Any electronic public comment? No, you're not happy. Okay, super. So, we're done with the public comment. I'm going to close the public portion of the uh of the application. Uh would there's any
comments that staff had? Would they call it rebuttal here? But you know we're easier than that. No, I have no additional comments. We covered a lot, didn't we? Okay. Well, then um it's going to move back to us and I would like to know if anyone would
like to make a motion in regards to resolution 2025-52. And I would move to to make that motion, chairman, provided that it includes the uh three conditions uh as imposed by the staff and would also include the
inclusion of these ballards uh adjacent to the two seating areas on the site plan as the applicant agreed. And we have a second to that motion. Okay. So now we're open for discussion. Uh I going to get out in front and just ask what I can't see them now. What were
those um staff conditions? Sorry. This is probably There you go. Can you see that? Okay. Yeah. So, I'll just infer for everybody that can read or can is uh they got to build it according to what they submitted to
us. They got to do a public art job. That means there'll be two on that because they've already got public art over there. It's based off. So, just to clarify for the public art, it's they have to meet the requirements of the public art program. So if they exceed that amount
then they have to comply with the public art requirement. So you know if they're less than a million there's no public art requirement but yes it's based off project. So yeah there is already a a project there.
Any more discussion for the motion? Well then let's have a roll call. Miss Wade. Yes. Mr. Collins. Yes. Weaver. Yes. Miss Swenson. Yes. Miss Early.
Yes. Mr. Rockoline. Yes. Mr. Vessie. Yes. Okay. Then uh we'll move on to um C. Thank you for coming. Welcome to Tarpon Springs Chipotle.
the Chipotle. Would you believe I'd never eaten there? Okay. Okay. Um, ordinance 2025-07 reszoning request to reszone property from IPD to IR and uh we have staff
presentation. Yes, thank you. Pat McNe's planning supervisor. So we have a request um on property located north of the river upon Anglo road for a change of
zoning from industrial plan development to industrial restricted. This is about 17 acres of property. uh about three and a half acres um are uh jurisdictional wetlands and the
remaining approximate 14 acres is wooded um upland area. Uh there we'll talk about the IPD as we go along but there is no approved site plan associated with this uh property.
So, this is the location of the site. As you can see, it's on the um basically the corner of Ann Clo Road where it turns north. And the future land use map shows the um area is designated employment on your
future land use map with the wetlands being designated preservation. Um look a little bit well you can kind of see uh surrounding this area and we'll look on the other maps as well. Uh you
have the Tarpon Key subdivision to the west. Um and then um I think that's called the Highland subdivision to the north. That's Jeru Boulevard. Um, as you're familiar, the areas that are not
shaded are in unincorporated Penllis County. So, um, a lot of the most of the, uh, residences, um, up on Jeru Boulevard, not in the city. And then to the east, you have another vacant
parcel, um, that's also in the employment area, and that was zoned industrial restricted. We'll see that in a minute. And then you've got um residential to the east of that. And of course south of that you've got um a lot
of the waterfront development, waterfront industry, marine, etc. that are in some of our waterfront development um designations for the zoning again. So the subject
property is IBD. Uh next door is IR. And then you've got residential multif family covering the Turpin Key subdivision and um uh the other um zonings associated with future land use in this area.
And you all are familiar, you know, from from the comp plan and everything, how this area north of the river is really a hodgepodge of incorporated and unincorporated. Which brings us to the uh placebased
area map. Uh that was one of the reasons that um you all recommended and the board did adopt this as a transitional area in uh the comprehensive plan which would be an area that is in in
transition. Um there are some mixed and conflicting uses and it needs some special attention with respect to planning. So that is in your adopted comprehensive plan. Now it was um if you recall it's that area
north of the river um plus alt 19 which is called out individually um at your recommendation. We had added south alt 19 as well. Obviously not the downtown. It's a separate area but but
those were areas that um you all had recommended including in the transitional designation and and as you know that map is is really for guidance um and to give you a context uh based on
the overall comprehensive plan of of the nature and character of that area within that planning horizon. This is a survey of the property. And then here's a survey overlaying uh on the aerial. Um
you all are are familiar with this. This site on the corner is a boat storage uh area that that you all had seen um oh probably maybe a year ago, a year and a half. um
down here in the corner and then the wetlands surround kind of surround that site and then you've got uplands and then a wetland area to the north. Um the oblique area shows it a little bit better. This wetland down here
really is connected to the river via a culvert um under ankllo road here. Um and this is the boat storage site which is currently under uh finishing up development. And um again this is Tarpon Key
subdivision over to the west. the vacant property to the east and residential here and then new um waterfront development industrial and marinas down to the south and Jeru Boulevard up here
with really a mix it that subdivision is just kind of nestled amongst the industrial north of the river and it's it's a mix of single family duplex triplex that sort of thing. So, we wanted to touch a little bit on
the resoning history because the the question came up as to um uh the basis for the IPD for this property. So, in 1976, uh this
property was um partly zoned what was called travel park or travel trailer park um and partly zoned industrial res restricted the the travel park is was the old
Linger Longer RV park that is now Tarpon Key subdivision. So that's what that was. Um in 1981, we still had a travel park designation on the property.
And then in September of 1989, uh there was a reszoning of this piece to the south where the boat storage is now that was developed as a marine engine and boat
repair facility. There was a structure there. You may not remember from from reviewing that other site plan, but there was a structure. I think it was built in the 40s or 50s. um there and that was the workshop for the boat repair that was demolished by the
gentleman who built the boat storage. Um but this uh neighborhood business change was done then. Um the applicant's property that's the subject of of the application tonight was owned by the Nestle family for years and it was known
as the Nisley property. So I just kind of labeled it that way so you could you could tell which one it is. So this was the extent of that map and as you can see at this time it was zoned residential multifamily.
In October of 1989 the the 1989 comprehensive plan was adopted. At that point, the property, the Nisle property and a property next door, which belonged at the time to the Dorch family and was
known as the Dorch property, were brought in to something called Transition Industrial TLI on a feature land use map. So, um, and then you still had your neighborhood
commercial for that small piece down on the south. So, so this area was all brought in as a trans really um some of the stuff north of the river was recognized as transitional even back
then. So, um the the city's been kind of struggling with this area for for a long time. Um, at that time, uh, the comprehensive plan called for the use of the the plan development designation for some of
these vacant, um, properties that they wanted to preserve industrial um, use on and that's how the IPD got on the NLE property um, when the um, comprehensive plan was adopted. Uh and
then in May of 1990, the land development code was adopted with that IBD to uh comply with with the plan directive of a preferred plan development designation
on the transitional industrial and there were other um transitional um categories that the plan development designation was was called for. This was one of them. Um accordingly when the
Dorch property came in in September 1990 that was also um brought in as an IPD um because of those those um policies and the comprehensive plan. So um so that that's what I I just mentioned.
This was transition industrial and it was brought in as an IBD um because of the u the policy in the 1989 comp plan and I'll just go ahead and
read that. So for transition industrial there are several um several uh items under that policy
which referred to the year 2000 future land use map. That was their planning horizon at the time was the year 2000. Uh and one of them um item number five says use of the plan development process shall be preferred. Uh and that's what
they did here. Um your current comprehensive plan uh continues to call for protection of industrial land north of of the river. Um this is an employment future land use category and
so there's no change there. Um just to clarify also If you remember with the comprehensive plan, we had in all of the employment area that's designated now under the previous our
immediately previous plan that was called industrial limited if you remember. Um so it's now adopted as employment and industrial restricted or IPD could be can be used under that
future land use map category. So, um, those those would go under there. We still have an industrial feature land use that's for industrial heavy. Uh, like up up at Wesley Road would be a good example of where we we have
industrial heavy. um we feel like uh the flexibility of the plan development process is the best um means for ensuring implementation of the city's policies and just looking at the
resoning just to elaborate a little bit more. So, so really staff's position is that that um the plan development really provides the flexibility um to
uh adopt a site plan and layout that would be beneficial to the developer and beneficial to uh the city in making it making it um it's it's more malleable. you you've got
waiverss and you've got um means of adjusting a site plan to meet the intent of the plan development, which which this one um this property certainly has characteristics that align with the intent of the plan
development uh that's enumerated in the staff report. um that plan development intent that's in the land development code. It come it's still straight verbatim from that 1989 comprehensive plan and this property has some of those features.
It's got the wetlands. It requires a 50-foot buffer on the wetlands. We see no reason to immediately negate that without not that it can't be adjusted if there are good reasons um
but without looking at it through the land the plan development process um your current comprehensive plan prohibits impacts on wetlands now um so that that's also a consideration that's
true regardless of the zoning but it's something um that that we would be um uh enforcing on on this one. We also have neighborhood issues because again transitional area. Now we've got
residential development pressures up there north of the river and you're going to have some conflict. You guys saw it on the boat storage item, you know, already. So we're going to have a little bit of of push back one way or the other. We'd like the flexibility to
address that. Um, as far as the uses, the IR would expand the uses. Um, I'm a little bit concerned about some of the retail uses that might come in uh with respect to potential for traffic impact. Industrial uses are are
traditionally or usually less uh lower trip generators. For example, Anklot Road. I think we've heard back and forth multiple times about when the county will address an antlo road. I think there is an overall
plan to do it. It's just that we can't nail the county down on what what the timing of that would be. So those types of issues, access, traffic, neighborhood compatibility, um wetland protection, th those we feel
like um would be um easier to address through a plan development process. And we really don't see a reason to change the zoning on its face to to a PD, I'm sorry, to the industrial
restriction. So that pretty much covers so so we feel like efficient and orderly development would be compromised somewhat by the IDAR uh district. Um number four uh we can serve the property. We have the
capacity to serve the property regardless of the zoning. So it it will meet uh should meet level of service standards. Um I already talked about the comprehensive plan. Um, one item to note is the zoning is in
place. So, um, an applicant and there in the IPD just like other zoning designations as uh uses by right, permitted uses which are by right basically and um
conditional uses. Uh, the uses listed in the employment future land use category. Uh the site is also eligible for those under either zoning. Uh so those would apply. So
the code would require that the applicant go through the PD process which as you know is a preliminary plan development. So you you'd be adopting a new layout under an existing zoning. The zoning does not have to be reopted. It
is what it is. Um so they would go through um technical review committee, planning and zoning board and board of commissioners. Then they bring a final site plan back to the board of commissioners directly. Under
the IR they would go to a site plan which is technical review committee, planning and zoning board and POC. So, we're looking at um with the PD process if if you depending on how long it takes
to to get through TRC, which uh with the project you just saw, quality plans, two TRC's, that's it. That's that's our our dream.
So assuming it's something like that, um we're looking at um two, three, maybe four months added to the process on a PD. Um also want to note that neighborhood compatibility has to be addressed. That
is a site plan criteria. So it it has to be addressed regardless of um the zoning under the comprehensive plan. So we would look at that. Um, it's just that with IR, dependent on what you might need, you're going to have to go for
variances to set backs and things like that, instead of being able to use the waiver process that the BD allows. So, it could get a little lengthy and and messy depending on what's proposed. So,
staff at this time is recommending a denial of uh the reszoning from the IPD to the IR district. Um, we would like to see an approval of the land conservation for the wetland portions of the property
uh to correspond with the preservation future land use map category. Um, so that that we've recommended approval of that. Any ordinance can be revised to reflect that. Uh, this was publicly noticed. It went out to 112
mailed notice addresses and one comment letter in opposition was received. That's in your packet. And I don't think I have anything else. If you have any questions, be glad to answer those.
Thank you, Miss Mcnes. Questions for staff. Starting at the left. Thank you. I'm just trying to wrap my head around this. I wasn't here for the comprehensive plan. I understand that it was designated a transition area that we
also want employment on this lot. And that being said, the IR would go to a approval process for any future building versus a waiver process for the IPD. Is
that correct? The would go through a so the IR district has two two lists of developments that can be done just like most of your districts. You just had one
um permitted uses and conditional uses. You'd have to do a site plan for for any of those and then the conditional use you would add on a conditional use application. So yeah, it would it would go through a site plan approval.
It has spec specified setbacks, um open space, floor area, those types of things. If you wanted to adjust those in order to help the layout, um locations of of accessways, any of that,
uh there is not really a waiver process in the site plan review. you'd have to get variances to those. Um, and the the applicant may not need any of those types of variances, but that you would have to do that if if you wanted a
variance to those for the plan development. Uh, there is a waiver process that the applicant re can request to um provide a better site layout um than the setbacks that are in there.
Okay. Thank you. Um I guess given your opinion um just moving forward with employment um I'm having a hard time understanding why
a lot of areas surrounding that location are already IR. Those were pretty much Yeah. So the so when the IPD was designated, they they were looking at vacant land primarily.
So these were large vacant tracks. This one and the one next door. A lot of that stuff north of the river was already developed and already in the IR district.
So it wouldn't have been appropriate to put a plan development on something that's already developed. So you you pick the best um basic basically straight uklitian uh zoning that's available. That would be industrial
restricted which is most of what we we have north of the river is the IR like I said there's really industrial heavy up at Wesley. There's a couple other industrial heavy, but and just to clarify, you're saying because it's IPD is because everything else already exists and that's why it
got that designation. By and large, it's because those sites were developed. Um, and this this uh site was vacant and and it's specified in the plan to designate
transitional vacant areas. That was the um preferred it was called the prever preferred method. Okay. So, all right. Thank you.
No questions. Um yeah, I always find this kind of putting the cart before the horse when we're trying to approve, you know, zoning changes without knowing what the actual intent is.
um being this close to the water, you know, someone could potentially put a fertilizer plant there or something that actually becomes detrimental to our waterway. Um I would there's you said there there's
there is another pathway, right, to to them changing the zoning by submitting a plan prior. Is that true? another pathway to changing the zoning.
Zoning if if we were to know, let's say, what the plan was for this property. Okay. So, they can propose a plan development today under the under the the plan development zoning that it has
today. uh the applicant has not um said anything in their uh narrative or or anywhere about what they feel would develop on a property only that it hasn't been marketable. Okay. She sneaks off.
Yeah. The the only other way you could get at us, you know, a plan would be would be through like a development agreement process. So if it were industrial restricted, you know, perhaps a a development agreement as part of that, but again, if
you don't know what you're doing becomes very difficult. Okay. Thank you, Mr. Questions. No questions, Mr. Rocklin. No, no. Thank you again, Mr.
I would like to I have a couple questions, but I want to thank staff um because you've done some obviously exhaustive research to present. You got way down to the bottom of of what was there. So, well, I appreciate that. I learned a few things just listening to
you there, but I I do have a question. So, and I want to just clarify that in regards to ordinance 202507, the ordinance is presented. Staff recommends denial of that ordinance. Yes.
Is that right? That that staff just doesn't think this is a good deal and and as it's requested right now, you'd request you recommend denial. Correct. Okay. But there's a caveat that you do want to protect a portion of that
property. And this is the part that I don't understand is that you recommend denial, but it's been drafted to include designation in changes for the land conservation portion of the property. Explain to me h
what you're suggesting there and how we would do that. Now, uh I'm suggesting that um the ordinance with title includes the land conservation. It was advertised as such that if you were to recommend uh
approval of the land conservation, the ordinance title and the ordinance would be adjusted to just include that change and leave the IPD on the rest of the property. Okay. So, I understand that. But because I can't make a motion,
there is an example of the ordinance within our package, right? I mean, I I guess I could have put the alternative ordinance in there. I didn't think think to do that, but we would just modify it, take it to the board of commission to say, "Hey, um, you know, planning and zoning board recommended this. Here's an
ordinance for you if you want to do that." I probably should have maybe drafted two ordinances would have Okay, fair. And she's going to sneak up behind you again here. And I do have a couple more light questions. Yeah. And just I mean the I don't think
the applicant can speak to this but I don't think they are we we are recommending that that land conservation be called out. If this doesn't go anywhere tonight the whole thing may just sit as it is. So I mean I
I don't know that I'm want to try to push through an ordinance without the applicant's acquiescence on the land conservation if this doesn't go anywhere tonight. So that's okay. Then I'm glad I asked that question because it appears within the
recommendation that there's a pathway to follow staff's recommendation. If you want to pull that off the table, let me know. But if you don't, then I know someone's listening that we could structure it that way. Yeah, it's still under preservation. Okay. Future land use map. So
Okay. We're too worried about it. and and and then I because there's so many moving parts and and so many acronyms um and and we've got some old members and and this would be my moment of saying thank you because it was a personal request that that area become a
special area plan and and it's neat that that that moved forward. Um that is it fair to summarize that you feel what it is is the best use and it fits the desires of of the planning and
zoning board in the future and it kind of fits as it is without making any changes. It best fits the uses that the city of Tarpon Springs wants, the planning and zoning board has want and you don't see a reason to change that. That's a good summary. don't really see
a reason to change it. And then I'll add last on is that perhaps the risk, the environmental risk due to the sensitivity of the wetlands that do feed into the Anklo River that if it were to be changed, we actually create risk of protecting sensitive wetlands and waterways.
Uh we um the buffer would be reduced to 25 ft. So So yes, so if it stays as it is, we protect the water. If we were to change it, we possibly could create some more risk. Okay. Yes.
Okay. Super. So, thank you. That's the end of my questions. Okay. Does anyone else have any follow-up questions of staff? Okay. Then, um this is the time for the
applicants uh presentation. Your client wasn't sworn in, was he? He was. You can do it again. He was. Yeah. Okay. Thanks, Pat. I think we were checking in that everybody was sworn in. Yes, sir. They were. Just for the record, please.
Yes, sir. I just want to make sure. Is this Pat? Is this in full screen mode? I don't know how to Sorry. I thought I heard it's not the IT guy. Presentation. Perfect. Thank you so much. Uh, Mr. Chair, thank you. Brian, 625 Court Street, McFarland, Ferguson, McMullen.
Again, on behalf of the applicant, this time, Tarpon Springs One LLC, represented by the owner, Tom Scanell. Uh, we have both been sworn. Uh, we will be the only ones testifying on behalf of the applicant. Uh, before I get too into it, Mr. Chair, I did want to just acknowledge the staff. They have put up
with me on this. Um, and it's because we were trying to get to the bottom of it. When I look at an IPD, the first question I ask is, what was approved? what would it have been allowed to be? And the answer in this case is we don't know because as you know every plan development is site plan specific. So a
plan development whether it's residential plan development or industrial plan development that zoning is restricted to that exact site plan. So it's almost like a mini development agreement. The only reason that zoning was there was because at some point in
time there was an industrial approved site plan with an approved use setbacks height. IPD doesn't have the same dimensional standards that IR has. When IR is there, the market knows what's allowed. You can have a civil engineer
like Mr. Payne develop a site plan. When you have a PD, it's much much more difficult, if not impossible, to predict what the city commission is ultimately going to approve. That's the problem with this property. It has been hamstrung with no entitlement. It is
undevelopable. There is not an approved site plan for this PD. This is a phantom PD. It's a zombie PD. And I'm not being hyperbolic. That's what it is. And that's the problem for Mr. Scanell. Mr. Scanell has owned this property for 21 years. He's been actively marketing it
and he cannot get a buyer. And the reason we're told is because nobody knows what would be allowed to go here and nobody wants to go through. And respectfully, I' I've been through IPDs. You've seen me before. I'm not here all the time, but I've been through IP or RPDs in particular, and they're
difficult. They're real difficult because you can have sightspecific control over everything that happens all the way through the second reading of the city commission. It's a big risk for someone to take on the engineering, the architecture, all the work that goes
into that without having some basic ground rules. And I'm going to go through for you why this is not that bad of a change. It's really not a bad change at all. It's consistent with everything else that's out there, including the property that was directly adjacent. I'm going to go into the history of that in a moment, but it's
still preservation in the wetlands. You still can't impact wetlands. You need an FD permit, Army Corps, Swift mud, everybody looks at that. And Miss Mcnes, to her credit, as she always does, has gave a great presentation and she told you, I think, in response to the commissioner's question, even if it were
IR, neighborhood compatibility is taken into consideration at the site plan level. So, the neighborhood compatibility is a requirement of an IR approval. Uh, also, so the agenda was slightly wrong. It said this is a legislative hearing. This is a quasi judicial hearing. I cleared that with
Mr. Salsman and with Miss McNees and Director Vincent. So, I didn't want you to think that this was a legislative hearing. It's a quasi judicial hearing. Why is that important? The Florida Supreme Court has made it very clear. Land use is legislative because the land use is your
comprehensive plan. Your comprehensive plan has a comprehensive map of all the land uses. That is the constitution of the Tarpon Springs Planning and Zoning. And it comes from the Penllis County Commission and it comes from the Tarpon and Springs Board of Commissioners. And
it comes down to you to implement the land use is employment. That's what Penllis County calls industrial. We call it industrial land use for Penllis and the Penelis County Commission call it employment. It's one and the same. IR is allowed in the employment category. It
is inherently consistent because this is a quasi judicial hearing. All you need is that to vote yes to approve it. It doesn't mean you have to approve it. I'm just saying that's sufficient competent substantial evidence to vote yes. I'm gonna explain to you why the IR will
accomplish the goals of the current comprehensive plan which is to preserve and promote employment. Right now there's no employment. There hasn't been any employment since it was apparently a travel park. So I did want to also point out you can see on the aerial these other sites are being used. the site to
the south here, that's part of the marina there and it's right next to Tarpon Key. So, this is being used as some type of vehicle storage or I don't know I don't want to describe it. I don't know exactly what it is, but it's it's there's clearly something there. And then uh the vehicle the property to
the east that's IR is being utilized for something. And again, anything that would come back as an IR would have to be subject to all of the protections that I just went through and I'm going to go through again here. So, our simple request is a uklitian request to change
the zoning from IPD to IR because there are no entitlements. There's no predictability. It's entirely uncertain and we haven't been able to activate the site in 21 years. Um, I do appreciate you, Mr. Chair, clarifying the LC, my client. Um, you know, the the wetlands
are currently under preservation which is protects them. You cannot impact wetlands. However, having said that, if it was the will of the board and the board of commissioners to approve the IR, we would be fine with approving the LC. Also, if the will of the board and
the will of the commission is to deny the IR, we would not want the LC forced upon us. We would want to remain the status quo and I think Director Vincent was okay with that. So, I don't want you to be worried about if you if you do recommend denial, recommending approval of LC, but denial. If you're going to recommend denial, just recommend denial
and we'll figure it out. maybe hopefully fingers crossed down the road, but I think I'm going to give you the reasons why we you should feel comfortable recommending approval. Again, I've already went through this. The IR is compatible with the comprehensive plan and the land use, and that is admitted in the staff report. The property
directly to the east, which I think was referred to as the Dorch property, that was annexed in 1990 as IPD with an LC, land conservation. In 2011, this board recommended approval of reszoning it to
IR without an LC and the board of commissioners approved that. We want to be treated just like our neighbors. We want the same consideration they had. I think when you hear from Mr. Scanell, he's just what what I keep hearing from Mr. Scanell is like, how is this fair? I have the only property out there that you can't do anything with. I got to I
got to have some relief here. Um, and I'm going to go through that here in a minute. There are more available uses in the Rzzoning district. Again, they all would require some of them would be conditional uses, which you could deny in a quasi hearing, just like your last use, the form-based restaurant. Some would be permitted uses. So, they're
slightly more permitted uses. The plan development process is more timeconuming, cumbersome, unpredictable, and it's extremely problematic. I want to point out um you know, the staff said in 1989 the plan development process was preferred, but that's not in your
current comp plan. And I can tell you that when I went in front of the city, the city commission two or three years ago, which I know we have a new commission, but when I went in front of the city commission two or three years ago with an RPD, they literally said, "We don't want to see any more PDs. We're not approving PDS." That's what the majority of the commissioners said.
That's the type of thing that makes the market so uncertain with a PD. Because when someone asks me a developer, Brian, what do you think the odds are of this? I have to tell them, I have no idea. It's up to the will of the of the whatever city commission is in office at that time, which is what is really
practically makes it incredibly difficult, particularly when we don't have any history of what was allowed there. We don't know. If I could go in and say, well, this is what was allowed. It was mini storage. That at least gives me a basis to say this was mini storage. The setbacks were 10 feet, you know, 15 feet, height was 30 feet. I don't have
any of that because there's no history of it. Um quoting the staff report um again the staff uh found that um both the IPD and the IR zoning designations are aligned with the overlying
employment flume category. Uh and then under number two, the city is interested in maintaining the employment base provided by the industrial uses in the area. The use listed under the both the IPD and zone districts are generally appropriate to the area and the intent of the employment future land use
category. So, the staff in the staff report is saying the IR uses are appropriate and we agree and that's why all the other properties out there are zoned IR. Um, you won't be able to achieve the comprehensive plan goal of
pres preserving and promoting employment if there's no use on the site. Currently, there is no employment. So, the fact that it's a that it's consistent and appropriate use in the staff report with the land use and the fact that you have a goal to promote and preserve employment when there currently
is no employment under the IPD, I think gives you the evidentiary basis you need to recommend approval. This is the map. You're you've seen it multiple times. We're the only IPD out there. Everything else is IR, including the property directly to the
east. And I would I would argue that the marina use is very similar to an industrial use. Boat storage, boat maintenance, boat repair. It's very very similar to an industrial use. This is the 1989 1990 zoning map. I'm going to Whoops. Going too fast. I'm going to
focus on the Dorch piece. This is that piece to the east in the red. My Mr. Skinnel's properties in the green. The property adjacent to the east was reszoned from IPD to IR following annexation in 1990. So it came in as IPD with land conservation. This is the
ordinance 199037 and then you can see exhibit A IPD industrial plan development LC land conservation. As I previously said uh it is now zoned IR and it was reszoned to IR in 2011 without retaining any land
conservation area. So these are the permitted uses currently. There actually is no permitted use because we don't have a site plan, right? So we don't know what the permitted use was. So there this is what we could apply for as a permitted use or a conditional use.
Either of these would require uh full uh plan development review going all the way to the board of of city commissioners which again provides a lot of uncertainty to the market under the IR. These are the permitted uses and these are the conditional uses. So, the
conditional uses would go to the city commission, but the permitted uses are allowed under the normal site plan review, and the staff would allow would be allowed to uh judge the neighborhood compatibility and and those types of things. So, let's talk about uh plan development. You've heard it. Something
I really wanted to point out. I think this is super important. Under section 78.03 of the current land development code, the minimum project area for an IPD is 20 acres. Our site's only 17 and a half acres. That
means arguably you couldn't even approve an IPD there. Like I don't even know how we would get an IPD approved now. We don't meet the project area. So unless you're going to just ignore that part of your code. I mean if as a land use attorney or someone as a lender doing due diligence, that alone makes this
almost impossible to get anybody to put any money through trying to figure out what to do with it. Okay? That's very difficult. At the at a minimum, if I wanted to take this from IR to IPD today, I wouldn't be allowed to do it because I don't have a project area of 20 acres. That's section I want to be
clear. Section 78.03 under IPD in the comprehensive uh land development code. Talked a lot about that. So, I do want to talk about the wetlands. Okay, we 100% agree. We want to protect and preserve the wetlands. We
we are not proposing anything that would degrade the wetlands. The IR is the predominant zoning category in the area and the buffering and wetland protections defined in the code are sufficient for all those other sites. They're all close to if not adjacent to Anklo. In their own report, the staff
has stated that the IR zoning district is compatible. I've already said that multiple times. The wet two wetland areas on the subject property are well protected by many layers of governance. Federal Army Corps of Engineers impacts to the southern wetland would require mitigation and an environmental resource
permit ERP. If approved, the permit would include mitigation parameters. 25 foot wetland buffer is required. That's what IR requires under the tarpon code. So the 25 foot wetland buffer that we're worried about reducing it from 50. Well, that's what the federal government
requires uh as as an underlying uh requirement. So it's consistent. The IR is consistent with the Army Corps. Same thing with FD and swift mud. Impacts to the wetland area would require mitigation and environmental resource permit. If approved, the permit would include mitigation parameters. Again, 25
ft wetland buffer. And then you have your own local land development code. Per section 55 subsection G of Tarpon Springs own land development code. The compensatory wetland shall be the same wetland as the destroyed or degraded wetland. The replacement ratio shall be
a minimum of 1.5 to one. and the compensatory compensatory mitigation plan should include the granting of a conservation easement over the newly created wetland. Um I don't want to take up any more time. I'm happy to answer your questions. I think we provided a rational basis and beyond that
constantial evidence for why of the request and the necessity of the request and I hope that you will be able to recommend approval. Um and if you recommend denial we completely respect that understand but I hope we hope you'll be able to recommend approval. Thank you.
Thank you very much for that energetic presentation. And you know, like staff's presentation, I learned more during that. So, thank you very much. Um, we'll go ahead and take questions for the applicant. We'll start over on the right. I have a question.
My question is, I mean, obviously you're here speaking with us and I'm not an attorney. I'm actually an engineer by background, but um have you had discussions with the neighboring residents who oppose this? Because I am wondering if
there actually could be an agreement because they're obviously concerned that you guys don't know. You want to make it more sellable, right? You want to be able to sell it. And with that comes the uncertainty of what that are they going to put there. Right. Right. Is there any way to say, okay, what do
these residents not want? and somehow come to an agreement that we could do we could make that IR or do whatever we need to do to make it easier to sell with all these following conditions. Right? So that's that that's the ideal
world, right? And we absolutely are open to that. The underlying problem is that Mr. Scanell is not a developer and he's not going to develop the property. So he's looking for a developer and no developers want to even sign an LOI or anou because they don't want to invest
the money in the work that's required to put together a plan. Right. But if he if if if the change is not made and well if the change is made it it opens it up to certain things that
they don't want. Right. And even though he is not a developer, can he not agree to Okay, well then I'll make sure I don't sell we don't do A, B, C, D, and E when he still has all of these left and doesn't have to go through all that hoopla
to get somebody. I I think if you're talking about eliminating potential uses like helellipad, we don't want to put a helellipad there, right? Okay, I agree. Yeah. No, absolutely. We would definitely be open to that. And also with staff as well, like what IR uses would be appropriate. We'd be happy to have that conversation.
I mean, hello. Go ahead, Mr. Rockline. Questions? Thank you. And thank you, council. It's a very comprehensive presentation. You make great arguments, you know, for reasons to to affect this change. Uh, I have to echo my colleagues concerns over
limiting and restricting uh, additionally some of the conditional uses and maybe even some of the permitted uses. Uh, and that would be a conversation to have with the affected neighbors because way back when a lot of these other things were uh tossed around
over the decades, residential living over there was minimal uh and certainly not to the point of current development. So I I would echo the sentiments and uh of building bridges instead of walls uh
with the affected neighbors. uh and then uh when that could be affected possibly come back to us with columns of yays and nays uh going forward to the future. But a great great presentation. So I thank you very much for that.
Thank you sir and we definitely will consider that and follow up. Uh Miss Early to Moving left you know I do you have questions of staff? Yes. Excuse me. question to the applicant. Yes. Okay.
I to be honest I still find myself a little confused. You know I re I read and I reread the recommend the recommendations by our staff and I and then I'm trying to listen to
you tell me that notwithstanding what they said what we propose will work too. Is that right? We believe it's supportable. Sure. That's if that's how you want to describe. We believe it's an appropriate and supportable reasoning.
I I was frankly surprised that it met opposition and which is one of the reasons why we dug so deep to try to figure out what had been previously approved because we were genuinely interested in what was allowed and the staff did an excellent job of following us down that rabbit hole. In fact, leading us down there at my request and
I do very much appreciate that and Mr. Salsman also. So, thank you. Thank you. I'm placing a lot of weight on the fact that that parcel could not be zoned
in that fashion today. And I sympathize with an owner that can't market their property. Um, seeing that it would have to come back before us, I think that that's
something we need to consider. Um, and and uh the fact that we would we would have another say and yet the council uh the commission after us uh would again have another say. So, I appreciate your
uh commentary. I think it helped me make up my mind. Thank you. questions down the end. No questions. Great presentation. Thank you. Thank you, sir. I have a question. Yes, sir. Yes, sir.
Please, Justin. Um, uh, I'm going to repeat what I was hearing from you is that you and your client feel that, and I think I heard you say it, there are no uses for that property. currently no uses you could go get a building
permit for. That's right. Okay. But it says right here under uses and not conditional that and help me understand this. Let's say it was an assembly hall. Yes, sir. So it says you can make it an assembly
hall office. There's there's quite a few available uses permitted right now. So help me understand why is it just not enough uses or or nothing can be built today. Right. So the issue is there when you
have a standard ukitian zoning, right? So Uklid vers Ohio that's what created zoning in the United States 1920s we call it uklitian zoning. It's old school just standard zoning commercial office whatever. When you have a standard uklitian zoning, there are predictable
lot dimensions and development um development standards. Those do not exist to the extent that they exist in IR in the IPD. As Miss I think mcnes described it, it was flexible or malleable. We would describe it as inflexible and uncertain because
flexible to me means 50 to 100 is okay. Not it's somewhat subjective. It depends on what whoever's on the decision-making board thinks at any given time. And that's the problem I've run into personally with other RPD projects, which you may recall the Kalpin site.
You know, we thought we had a really made common sense. It was not a huge thing. It was a big property. We had all the wetland mitigation. I had an environmental scientist. We put in hundreds of thousands of dollars and it went nowhere. Um, and so that's the kind of thing that's a that's uncertainty.
The IR gives you. Okay. So, okay, forgive me for interrupting because is that what I'm hearing your answer is it's just more difficult that there are plenty of permitted uses. They're just not convenient. It's not difficult. It's unpredictable.
So, the market is doable. You just said unpredictable. The market doesn't know what is allowed and what's not allowed. Okay. But that's a big but it's fair to say that that's a big difference from cannot. cannot dependent on someone's subjective
decision. Yes. Okay. Okay. So, unpredictable. Now, I I do have a follow-up question. If this board were to approve IR, would it be unreasonable that that property could be developed as,
let's say, a junkyard and the other half animal boarding? Is that something that would possibly be allowed? It would be subject to those development
uh requirements in for those two specific uses and my guess is they would not be allowed. But but could it be done? I you'd have to ask the staff. My guess is a junkyard would not be allowed. Okay. So, but it says right here conditional use and it might be more difficult, but right now a junkyard
would not be allowed. You would you would have to approve it and the city commission would have to approve it. Okay. Okay. Even if it was IR. Okay. Is it reasonable to and this is a reasonable question that there are uh almost unlimited uses under the IR where
as it's currently done it's restricted because we've got residential uses around it. Is would that be reasonable assumption? Let me take a look at some of these older zoning maps. So this is 1989. You can see residential uses directly to the north and directly to the east. And in 2011 this property to the east was
reszoned IR without an LC. So, but could we look at today's map? Right. So, the Tarpon Key is now to the west um which is here. Okay. But residential has been around these sites for 50 years and it's been that orange thing right over there to
the left. Isn't that all residential? Right. It was developed in 2013 directly to the north. Aren't isn't that whole road all residential? And it's been that way. Yes, sir. Okay. Super. So, what we've got is a parcel that could, if we approved it, be a junkyard.
But yet we got residential on two sides. It could not be a junkyard unless it was approved by the city commission to be a junkyard. 104, which seems incredibly Yeah, I I do appreciate that. Thank you very much for your patience. I appreciate it. Um, does anyone else have
any more questions for the applicant? I have a question or clarification. So, we're not stating now that it's really the difference because of usage. We're stating that it's a difference between what you call unpredictability
and in order for you to sell this, you're not getting the developers because they have a lot more work required upfront and they need to invest their time and their work in order to even get anything approved. So, you're not coming in with any specific requirements. You're coming in and say,
"How is this?" And then they could get denied anyway. Yes, ma'am. So, but I still go back to if we I are. Why don't we just say what we can and we can't do? Put all those qualifications on all those conditions. No junkyard, no
this, no this. What do the residents want? I with whatever the residents want. That would be a great topic for discussion once a motion is made. Okay. Unless I am seeing our
council eyeball me, but let's let's go. Let's stay in order. Um, since we got that, any final questions for the applicant? Not an attorney. You're giving authority potentially to neighbors to determine what somebody's property. I'm trying to get a negotiation.
That That's probably some kind of taking that. Oh. Oh, forgive me. And And I wasn't listening that carefully to what she was suggesting. I just wanted That's why I wanted to move to the discussion portion of the motion. I was just Now you're admitting it. Okay. No, I meant not specifically.
Okay, this is very serious topic. Um, did did Mr. Scanland did did you want to speak, sir? Uh, we were I was going to wait till rebuttal for him to speak. I wasn't going to get up and give a whole huge rebuttal, but I was going to let him speak like last. Is that okay? Yes. Okay, perfect.
Thank you. So, at this moment, we're actually for public comment and then we can get to rebuttal. So, um, we're open for public comment. Please, um, state your name and address and, uh, go ahead. My name is Gregory Barnes. Um 1281 Windy
Bay Shaw in Tarpon K. I'm the one that responded on behalf of our community, Tarpon Key Homeowners Association on disagreeing or wanting to disapprove, recommending disapproval of this change. Uh we're looking at methodologies from
years ago that really don't apply now. It was a wild west back then. There was no not as many uh homeowners, like you all said, agree with the chairman. It could most definitely be a a a junkyard with that IR restriction. You look at the this Dorset property right next to
it. It is a junkyard. It's abandoned equipment. It's rusted. It's overgrown. It's a eyesore and you're going to put that if that say that owner wants to buy that property, he could just expand his junkyard over right to our front doorstep. On the
first two presentations, I saw a line on the slides that says uh impact to uh property values negative. I did not see that statement on this presentation. What would be the impact of our property values in Tarpon Key and River Bin and
then in the one I don't know the name of the community that's on the corner there would definitely be impacted if there's a junkyard right there at our doorstep at our entrance. really there just so many things I saw the permitted uses. I like to say I didn't see any of the the negative uses of IR.
All you saw was the positive nice uh good feeling ones. Uh what the the lady said there about expanding uses restricting the IR uses. What about you do it the other way? you expand uses of IPD, you know, instead of
restricting the the IR, we could do something like that. I don't know if you had a chance to read my letter. I think it pretty much sums up the feelings of the community. Uh this is this is not what we want to do. Once this may not maybe not been to you guys and gentlemen
and ladies, but this committee at one time made a decision to start to put Riverbend to put Tarpon Key to put communities and families up there and there's no infrastructure up there. There's no parks. There's no there's no businesses. There's there's none of this
kind of stuff. There's no street lights for the kids to get to school on Ankote Road. That project keeps getting pushed down the road. Supposed to have sidewalks. We can't even walk to Captain Jack's. You're in the road. There's no sidewalks there except in our community
because that's the code of the time when you put it in there. This committee made a decision on the future of that North Anlo area. And we cannot look back to 1989 and 1979 and apply those whatever they were thinking back then to
today's today's methodologies. Today's what we're doing. is affecting our communities. And yes, I I feel sorry that he can't the gentleman can't sell his property. You know, maybe the maybe Tarpon Springs um I'm on the parks
and rec committee. Maybe we need a park up there. Why can't the community Tarpon Springs buy that uh property and make it a nature preserve? You know, put Penelis Trail is right there. You know, something we could do something with that property.
It floods. The hurricanes have flood flooded all the way up into our entrance. That property flooded there, too. So, what do they do with the new uh raised Tarpon Springs ra elevation? If they have to build up, is that going to cause flooding to even increase more into our neighborhood because they're
built up now. Those wetlands or that area around the wetlands is built up because that area floods. Water goes in there. The whole Anclo is was flooded all the way up halfway up into our entrance. the wall the wall that's in our community was was halfway up. Our
storage uh area where our boats are on the river flooded completely. The pond the retention pond flooded. I live right at the corner of the of the retention pond. The the water was like 15 feet from my house.
I don't know if anybody else here has anything they want to say, but we we are against changing it. just to be changing the the zone. No, we need to be thinking ahead. We need to be thinking to the future. We need that community
comprehensive plan. It even says up there, it doesn't fit with the comprehensive plan. That right there should be a denial. And the the 20 acre thing, I look at that as an exception. You everyone knew
that at the time and it was approved. So that's an exception. Everything can be there's an exception to everything. But thank you for your time. I think Thank you. We're concerned in our in our community. We're concerned and we're not Oh, one
more comment. The the comment on the front the north area uh on Jeru Boulevard was talking about unincorporated whatever. I don't know if I really understand all that, but they said it wasn't under under Tarpon Springs control. Maybe not, but it's still people who live there.
communities, they're going to have this other possible junkyard right in their backyard. We got to start thinking differently for this area once we start putting all these communities up in that area. Thank you.
I don't think he was. Were you sir, were you sworn in? No, you sir. No, but you can be. Yeah, you can. You you can still public comment. He you were wait
to make just stand over right here. Do you swear affirm your testimony before the planning and zoning board shall be the truth. So help you. Yes, I do. Thank you. Please you can use the microphone and state state your name and address. And we don't have many public comment but
it's supposed to be four minutes. if you could just put them. Yes. I'll definitely keep it under four minutes. A lot of the things Mr. Barnes said was uh right here in my notes, too. So, as I go through this, I'll try not to repeat too much of it, but I wouldn't
be standing here too long anyway. Uh my name is Robert McCoy. I live at 1288 Wendy Bay Shaw and that's also in Tarpon K. Um to start off with during the hurricanes last season, our
house backs right up the Enklo Road. So the water came over halfway up the retaining wall and that's with no building across the street. I have a major concern about what's going to happen once that land is
developed and there's no escape for the water. That's a big concern for me. I'd also like to say that most of the current IR land isn't interfering with residential homes
because by changing this to IR that is residentials to the west, it's also to the north. On the other side, uh is a junkyard. So it doesn't really,
you know, it it's not going to affect very many residents over there, but on our side it will. Um, also I know that there's a project and I'll just call it the uh Anquote Road project
uh that's supposed to be phased in over I don't know three or four years. I'm not sure when that's supposed to start. I think it's been delayed some, but won't this development, if it's developed like that, won't that ch have to change all the plans? I think that
some of the sidewalks might have been on the um one side of the road and some might have been on the other side of the road. So, does that mean that this project is going to go have to go back and maybe change things? Um,
also I'd like to I know that this has been addressed some, but I' I'd like to also uh point out some of the IR uses if it's changed. And I'm going to read them off because some of these even though we're saying the the u we know
that the um some of them aren't going to be a possibility like a helicoport or helis stops. I'm not sure what that is, but some of these are also u not very nice to have across from a residential place. Communication towers,
a correctional institution, heavy utility service, hotels and motel, junkyards and salvage yards, retail sales, vehicle repair, major ones, manufacturing of recreational
watercrafts. I don't see any of those that I just listed something that I'd want to be living next to. The ones that are permitted already, I mean permitted if it's IR is uh construction material establishments, light and heavy printing
establishments, motor freight terminals, motor pool facilities, uh minor vehicle repairs. Again, I don't want to live next to any of those. the current uses. There are some
current uses. Um, and I'm sorry if the property is hard to sell. I don't know when it was bought or why it was bought, but the land itself hasn't really changed. I live right across the street
from it. It's wet most of the time when during rainy seasons. Um, during hurricanes and stuff like that, it's just like flooded over there. the um conservation area comes up by the tides.
If you have a super high tide, it comes in there pretty good. Um and of course when you have hurricanes and stuff like that, it kind of takes over that whole area. What happens to that water when there's no place for it to go? You know,
I'm not sure. Um, you know, I know that the seller is trying to um sell it obviously and to make some money on it. Well, what does that happen? What happens to our properties? I don't think that's going
to increase the value of our homes. It's going to do just the opposite. So, what do we do? let this individual make profits on this land or is it going to be where the residents over here continue to see um you know a nice piece
of property that they live on that um increases in value. It's not going to increase in value for us at all once this happens. And I guess that's about all I have to say. I appreciate your time. Thank you for your comments. Is there
any additional public comment? I do note that we do have one electronic comment and that was a letter from the gentleman that spoke. I don't think it's necessary to read that into the record. No. But but it's acknowledged that that letter has been received. Was there any additional electronic correspondence
that come in since then? No. Thank you. At this time, um would staff like to respond or rebut the comments of the Go ahead. A couple points. Yes, please. So, we do have I don't know if I think
it was called out in the staff report, but I want to call attention to it. So, when we adopted the new future land use element when we updated the comprehensive plan, uh we put these transitional areas on the map on that placebased map and this property is in there. So there's a within the
transitional category itself, it states that you should not change the land use or the zoning until a special area plan a transitional area plan is done. Um
otherwise if you are entertaining this then it needs to be based on the current comprehensive plan. So that I mean we've done that in our analysis, but I I did want to call out that we do have a specific provision when we set the transitional areas up that says don't go
changing land use and zoning in these until you do a comprehensive process to see what the area should be. So I just want to get that, you know, kind of into the discussion or, you know, I'm sure it's called out in the staff report. Um,
I and I I just I sympathize with with the owner. The plan development process is it has some extra hurdles to get through. Um, but you know, it's not impossible. Um, you do have a plan
industrial plan development just to the north. Well, Riverbend is part of a residential and an industrial plan development. So you would have to go through a process to you have to create a site plan, create the lots, establish
the uses and the setbacks for those and then once all that's done, you go through preliminary and final plan development. You don't have to have every building approved. Then the buildings themselves can come through as a staff level review. That's how Riverbend operates now. You don't see the individual site plans for every building going up in there because it's
a planned development. But you do have to have some somewhat of a vision to know what you're going to do on the property to get through that plan development process. And I, you know, I do understand that that's what the developer or what, excuse me, what the owner is is struggling with. I don't
have a solution for that other than staff really does feel that because of the wetlands, because of the surrounding residential that the plan development process is the best way to get long-term compatibility between all these uses up there. So Pat, did you want to add anything?
Okay. I would it be Oh, we're still in rebuttal, but I had a question or a clarification before the applicant. Would that be okay? Well, we'll know of you. Oh, okay. Sure. So, I want to go back to what is kind of being glossed over just just a wee bit
in the map of the special area plan. Would it be possible to put that guy up or just the map that shows the green special area plans? Yeah, let me find the and I'm I'm I'm I'm glad that you brought that up because if I understand
this right and I would like you to tell me I'm right or wrong is that Yes. So that upper green section with the slope on it is a special area plan. And that's
new. And it's new as in we as a board requested that entire area be called. We we asked staff board of commissioners to make it that. This board did, right? We Yeah. We created the placebased area map as part of the comprehensive plan
process. When we did all those all the updates to the comp plan, this map was created with that. And that area was identified as part of the transitional area. And we did that very recently within the last three years. Correct. Okay. So we as a board whether you were president or not asked the board of
commissioners to create this and staff to accept that. So now that's part of our plan. And part of that is what I'm hearing is that when we did that, we put zoning changes for everybody in that area on hold
essentially. You you can still process one. Yeah, you can still process a request, but you you have to really stay rooted in the existing goals, objectives, and policies of the comp plan to justify that request. So,
the real intent was hopefully that it was that until you do a a planning process for that green area holistically and decide what should be there, leave as leave it, leave things as is. Right. Right. Right. Right. And I think
that's that key part is that we requested that it be put into that and it is a temporary slowdown until we can figure out this area of transition how we really want the community to use that and it's an unfortunate hiccup there but
that is that what I'm hearing that that's correct. Okay. And then just because I've already lost it, is that what that is? Would that be this is that spare solar area plan? Is that on the books for us to be reviewing
shortly? No, that would No, that's the that's the sponge dock and downtown redevelopment plan. Sorry. I was hoping to say that that was But this this area is it's always been problematic. um it would be at the top of my list of places to between the city
and the county because there's a lot of county property in there too to do a joint plan um and try to get a vision for that area. Um right now we don't have that. Okay. Thank you very much. Does anybody else have any questions of the staff rebuttal period?
Okay. So now we're ready for the applicants comments on their comments. Thank uh thank you Mr. Chair. Uh very briefly, I very much want to thank you for your attention tonight. I know it's been, you know, somewhat of a long meeting. Uh very much want to thank the neighbors for uh providing us with some
feedback on their concerns. And I want to thank the commission because you got you all have taught us a lot tonight in terms of what might be supportable. And I want to propose a compromise that Mr. Scanell has agreed to uh based on uh your your your thoughts and requests. And I did kind of just sidebar briefly
with attorney Salsman and and Miss McNees. They're not necessarily agreeing to this, but it's doable. So, how would we restrict uses while changing the zoning, you do a deed restriction. So, if you were amendable to recommending approval subject to a negotiated deed
restriction with the staff that the staff is agreeable to, so leaving the sole discretion to them to agree to it and then ultimately the county or the board of city commissioners, that would be a way that I think you might be able to get to approval tonight and we would be agreeable to that. And so what would happen is then we would work with the neighbors and we would work with the
staff to knock out salvage yard and helellipad and some of those other problematic uses that we wouldn't want to market anyway. You know I mean this site is it's not going to be a junkyard. It's not going to be a fertilizer plant. And so those are easy to knock off. It's
not going to be a prism. Um those are easy to knock off. Um I did want to also just reiterate and I didn't actually iterate because I didn't mention this before. didn't come up. The property now has no development on it. It's not It
has no storm water or drainage control. Any development, whether it's IR or IPD or RM, will have to have a drainage plan, storm water plan, storm water calcs, and we'll have to show you that that storm water will be retained on
site and treated. That's an improvement. Okay, that's that's an objective improvement. You all know that based on your expertise, right? So, that's another benefit of somehow working together to try to get something developed here and we're we're all here for that. We're here to do that. Um Renee, do you want to say
something before Mr. Scanell talks? Okay. Um Tom, floor is yours, All right. Good evening, ladies and gentlemen. Thank you all for coming and putting up with all this victimhood. I
hate being a victim, but sometimes here I am. Um, real quick, uh, oh, sorry. Brian did an excellent job in articulating, uh, all the valid points and the the logic and reason behind, um,
why I'm here. Um, I bought the property in 2004. Um, paid over $400,000 in taxes in the last 20 years. It's vacant as described. Um, and I'm having to kick off tents and
issue no trespassing. So, I don't know how much value that is in your neighbors. And I completely am uh understand your plight. If I was in your shoes, I would be the same way. However, it's been zoned industrial for over 50
years. I I don't I don't know what to do about that. um you know and I've been pay paying taxes and and and I've had a dozen plus contracts and letters of intent and I've done you know phase one phase twos phase threes environmentals
uh south south Florida water the Army Corps of Engineers have done wetland maps add infinitum um uh so you know I I literally have and and and now after 20 years you know mom always says going to be dumb you better
be tough But um I guess you know nothing was changing. So um so I hired some articulate people to to change something so we can make this property marketable
and I I wasn't smart enough to know that everyone was walking away because it was too ownorous. And um it is the these whether it's Marriott or National Homebuilders or uh um you know the ACLF
people I've everybody um I've been in contracts up to nine months um and then all of a sudden boom. So, um, and I'm not saying it's all because of the city, the zoning or whatever, but, um,
anyways, I've got 20 years under my belt, and it's time to make a change in the IR at least in I've been a farmer my whole life. I've been in the land investment business my whole life, but not a developer. Um, I've devel I've
bought farms and sold farms when they're in the path of growth in Palm Beach, Broward, Lee, and St. Lucy counties and it's been the easiest thing in the world. It hasn't been a hard hard sell like like this and I I don't know why
but I'm spending more money on it now as you can see. Um the wetlands, they're federally regulated, they're state regulated, they're locally regulated. There's a big buffer as it exists. Um, I don't understand for the love of Pete why my
my landowner to the east was under the same situation and got IR and and I can't get IR. His I'm uh bless you. You've been kind and responsive the whole time. But that propertyy's not developed and it's got junk all over it
and he's out of all kinds of compliance and I I don't want to rat on him or anything, you know. But um so I I just want to be treated fairly and equally and uh given it's not like I didn't try haven't tried
under IPD but um someone said oh uh this gentleman was querying on the IPD versus IR and I don't know in 20 years the IP the the IPD is is a cannot
um for what for what my opinion is worth not much. Um impact to property values again, tents and no trespassing and Brazilian peppers and standing water. Um it would definitely get better than
that. Um uh Oh, it wouldn't. Yeah. Anyways, just my opinion. Yeah. Um Yeah. Um I think you've said it all, right? Anything else add or uh I'm just trying to think. Um,
yeah, the, uh, I've tried my best under IPD. I've spent a ton load of money. I feel like a fool. I got this guy here to try to help me dig out of it, and I appreciate your help or consideration or compassion. Thank you.
Okay, I believe that's the end of our uh, public portion, rebuttal, and close. I did want to ask if before we move to a motion if the conversation that was presented by
the applicant's attorney had met with interest of staff as a solution. Um, at this time, we we'll entertain anything, you know, honestly, I mean, we'll we're willing to
work with with the applicant, whether it be through a development agreement process or a set of restrictive covenants that would, you know, put some additional measures of protection. Um, you know, I'll defer to to uh the applicant's attorney as to how they if
they want to pause this process, you know, or put this on hold while that gets entertained or if they want to go ahead and go through to the board of commissioners. Um, I I will say I I think I would candidly prefer that if you're going to introduce that into the equation that it come back to the
planning and zoning board, not just be uh a negotiated thing with staff and then going on to the board of commissioners. So we if I may. So then what I'm hearing is what if that was something that was amanable to both parties we would for
example if we did not approve because there might be a feeling for approval but if it were to be denied then we would see it again structured the way that is being suggested. Certainly we're willing to work with them. Yeah absolutely. Okay. And then I believe the gentleman I'll give you the opportunity to speak
one more time. We would be happy to work with the staff and come back to PNZ if that if that's the outcome. If it's the direction is recommend approval subject to staff agreement on a deed restriction, that would be fine with us as well. Whatever your pleasure is, I think we've made a
lot of good progress tonight. This is was time well spent in my opinion. Excellent. Okay, with that we're going to close the overall public portion and I'll let everybody take a 5-second breather. Okay, it's over. And now if someone
would like to make a motion in regards to this application. Chairman, before um we do that um if the proposed was to come back before any
vote um to for them to talk is I'm trying to understand if that's what they want. It doesn't quite work that way. So it's approval or denial. That's right. It's it's up or down and then either way if it were down they're
going to meet and come back again. That's a fair question. Okay. Still looking for a motion in regards to ordinance 2025-07 resoning request. Are are we looking for a motion either either way? Yes, ma'am.
I'll make the motion to deny and with the hope that they'll come back. Not not not that it's contingent. I'm just saying. Okay. So, we have a motion to deny. Do we have a second? Second. Okay. We can discuss now. So, would there be any discussion in regards to
the motion in the future? Yes, Chairman. I I want to see this land um be more than a vacant lot. And um that's if both parties are willing to work to find a resolution, I have a hard time
stopping that from happening. So, okay. Um, I would like to see them work with the planning zoning committee, find acceptable solutions and um, move forward move forward in that um,
fashion. Any other board discussion? I agree with that. I look forward to a deed deed restriction. Yes. Okay. Okay. Good. You know, I have a couple comments because I was listening
like everyone else. Yeah, if if you want to go last. Uh we need the Oh, I'm sorry. You you can table this. You can t That is an option. The board can decide to table it and ask uh the applicant to work with the city
and come back before you for a couple reasons. One, then you don't have to hear the whole presentation again. Um uh and then you can vote to determine whether or not there's even anything worthwhile for you to consider at that point. Right.
Okay. So, you can do that. I didn't want an option. I'm going to let staff speak just for a second as I understood our um senior planner of the department. I understood her to say, "Hey, let's get this done cleanly and then come back at
a later date. I might have misunderstood." So would staff prefer a table versus Right now we have a motion to deny on the table. I I don't have a preference. I think I don't think the applicant is opposed to tableabling it at this point. Um
I would rather table it than have a recommendation of denial. Yeah. Well, I think then in the spirit of moving forward that I feel that maybe there's a consensus that a table is an acceptable I'll retract my motion to deny. Well, then we've retracted and
shall be tabled. Yes. I don't know what that process is, but we'll follow council motion to table um is just done immediately as a second and a vote. There's no discussion on a motion to table. Okay. So, would you like to make the
motion retract your motion and change it to table? Just do it. One second. if I could a motion to table reintroduce uh and I'm not opposed to the tableabling and I'm not opposed to any sort of consiliation uh between the parties but I would like
it to be more of a three-way discussion on what definitive restrictions uh would be introduced and that would include city staff that would include the applicant and their council and it would also include the residents to be
part of that uh because they are the most directly affected. None of us on the board live there uh or have property or interest there. And uh the same thing for staff. So I I think that they should
be uh part of that rather than have to come back and then be introduced with it, you know, uh so so briefly at that time. That would be my preference. and and aside from that, we'll entertain the uh the amended motion.
So, we're teetering on the edge. Well, I would make a motion then to to table this. Do we have a second for the We'll take a roll call. Miss Wade, yes. Mr. Collins, yes. Miss Weaver,
yes. Miss Wenson, yes. Miss Early, no. Mr. Rockline, yes. Mr. Vessie, no. I do believe that the motion's table carries.
Mhm. Excellent. Okay. Uh, moving on to number eight, board staff comments. U, just the the flyer that we hand handed out to you. Um, and, uh, I'll be
sending you a formal email as well. Um, uh, this is for the, uh, downtown Tarpon Springs basically. Um, starting with inspired placemaking to get your feedback on, um, some of the stuff we
shared. um at the last meeting the update that Ally gave, but uh we're going to start with a with a workshop with the um planning and zoning board just to get your um individual input. It's not really a consensus or any kind
of action at this point, but to get yours ahead of um this would be 4 to 5:30 on August 28th ahead of a public um engagement session which will start at 6:30. It'll start at Sorry. It's okay. I thought you wanted me to.
No, you're good. Um I was just going to say that did a wonderful job. Um but we're just going to host the planning and zoning board from 4:00 to 5:30. If for some reason you guys aren't able to attend at 4 to 5:30. The general public workshop is from 6 to 8:00 in the same location. So
you can still come and um participate in the same activities, but we just wanted to have a time for you guys to come and have individual attention. So yeah, so four o'clock you get individual attention. Um but this again this is for the project that we talked about at the last meeting for the um update to the
smart code special area plan and the downtown CRA plan. So we're kicking it off. This is the first public engagement session. So we hope you guys can attend as you all know when we're going to expand beyond those two locations. Well, we always
focus on Avenue. Well, and don't you know Sponge this so the boundary is it's the whole thing that entire study area boundary it's the entire area and includes your
corridor and you can provide that can be your primary uh focus of your engagement. So thank you. So we hope you guys can attend. Thank you. Are there any other board comments? If there's anything that anybody wants to speak to or just announce or chat with, now is always the
time to do that. I have one. Oh, I do too. You do? I'm happy Chipotle is going up there. Okay, she's happy. Okay. Um, I think this last application is a pinnacle and exactly why we have made that north area
special area plan because it is a gobbly goat that we're trying to clean up. And whether we had a dog in the race or not, that is exactly why we've done that. And I hope that that process comes to us sooner rather than later. And perhaps we can use that applicant as the poster
child for how to do things collectively. And of course, Mr. Rockland divided that baby into three very well by including that community cuz he gave them a bone that they didn't have otherwise. It was very thoughtful of you. You know what I noticed? I look at the map and the only trees I see are right there.
Last but not least, nobody's buying it because that road is a hazard to be on. It's completely undeveloped. Okay. So, unless anybody has anything else at 9:28, I'm going to call this meeting and adjourn. Ouch. I love that whole