Ask everybody board and the audience, please put your phones on silent or vibrate or whatever you need to do. If you do need to take a phone call, please exit out the double doors. I understand that everybody has lives and everybody has to take phone calls, but just be courteous for everybody else in the room and the board.

[00:00:20] Speaker 1 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:00:20–00:00:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:00:30] No voice detected · Unclear audio

[unclear audio]

Flag: a language review questioned the wording · 00:00:30–00:00:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:00:30] Speaker 2 · Unclear audio

[unclear audio — 0:05]

[00:00:35] Speaker 2

the republic for which it stands,

[00:00:37] No voice detected

one

[00:00:37] Speaker 2

nation

[00:00:38] No voice detected · Unclear audio

[unclear audio — 0:05]

Flag: the recognized words and the detected speech do not line up · 00:00:38–00:00:42 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:00:54] Speaker 1 · Unclear audio

[unclear audio — 0:02]

Flag: the recognizer flagged its own output · 00:00:54–00:00:56 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:00:56] Speaker 3 + overlapping voice · overlapping voices

Sure. Justin Simpson. Here.

[00:00:58] Speaker 3 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:00:58–00:01:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:01:00] Speaker 3 + overlapping voice

Todd Anderson.

[00:01:01] Speaker 3 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:01:01–00:01:02 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:01:03] Speaker 3 + overlapping voice · overlapping voices

Ron Chabot. Here. Alec Greenwood. Here. Veronica Lopez.

[00:01:07] Speaker 3 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:01:07–00:01:08 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:01:09] Speaker 3 + overlapping voice · overlapping voices

Marcus Wheeler. Here. Mary Beth Burgess. Here. And Catherine Stewart. Here. Thank you.

[00:01:16] Speaker 1

Okay. I see that we do have an audience. If there's anybody in the audience that wishes to, that has a plan to step up to the podium tonight to make comments or, um, that is not here already to present to us. If you please go ahead and stand up. We have, we're going to go ahead and swear you in all at once. That way we don't have to do it individually.

[00:01:44] Speaker 3

If you all could please just raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth? I do. Thank you.

[00:01:53] Speaker 1

Thank you. Okay. And then, uh, members of the board, um, do we want to go ahead and, uh, if

[00:02:03] Attribution uncertain

I

[00:02:03] Speaker 1

can get a motion

[00:02:03] Speaker 1 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 00:02:03–00:02:10 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:02:12] Speaker 2

So moved.

[00:02:13] Speaker 1

Okay.

[00:02:14] Speaker 1 · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:02:14–00:02:16 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:02:14] Attribution uncertain · Unclear audio

[unclear audio]

[00:02:14] Speaker 1 · Unclear audio

[unclear audio — 0:02]

[00:02:16] Speaker 2 · Unclear audio

[unclear audio — 0:01]

Flag: the machine readings disagree here · 00:02:16–00:02:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:02:20] Speaker 1

All right. Now we need to approve the tonight's meeting for the agenda. Has everybody had at least a couple minutes to briefly look over it? Is there any comments, any corrections, any amendments that they would like to add? Okay. Can I get a motion to approve it?

[00:02:44] Speaker 2 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

Flag: the machine readings disagree here · 00:02:44–00:02:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:02:45] Speaker 1 + overlapping voice · overlapping voices

motion. Okay. Second.

[00:02:46] Speaker 2

Second.

[00:02:47] Speaker 1 + overlapping voice

All right. All in favor.

[00:02:49] Speaker 1 + overlapping voice · overlapping voices · Machine re-recognized

Aye.

Flag: words were replaced by a machine repair · 00:02:49–00:02:49 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:02:50] Speaker 1 + overlapping voice

Any opposed. Okay. Tonight's agenda is approved. All right. And then the March 1st meeting has everybody looked over it. Any comments that people like to add? Any corrections that they would like to see made? Okay. No

[00:03:10] Speaker 1 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 00:03:10–00:03:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:03:12] Speaker 1 + overlapping voice

I'd like to make ‸ a motion to approve those minutes.

[00:03:17] Speaker 4 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:03:17–00:03:18 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:03:19] Speaker 1

Can I get a second, please? Okay. All right. All in favor? Aye.

[00:03:23] Speaker 1 · Machine re-recognized

Is

Flag: words were replaced by a machine repair · 00:03:23–00:03:23 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:03:23] Speaker 1

there any opposed? Okay. March minutes are approved.

[00:03:27] Speaker 1 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:03:27–00:03:29 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:03:29] Speaker 1

no old business. So let's go ahead and get on to new business. Item A, the small-scale site plan appeal for the advantage self-storage. I believe that

[00:03:40] Speaker 1 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:03:40–00:03:43 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:03:43] Speaker 1

and ‸ give the presentation.

[00:03:46] Speaker 5

Yeah, chairman, if it's okay with you, I just wanted to make a couple introductory comments. Since this is somewhat of an unusual item that ‸ we're reviewing tonight. So this is an appeal from the community development

[00:04:06] Speaker 5 · Unclear audio

[unclear audio — 0:01]

Flag: the machine readings disagree here · 00:04:06–00:04:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:04:07] Speaker 5

denial of a small-scale site plan.

[00:04:11] Speaker 5 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:04:11–00:04:16 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:04:16] Speaker 5

board. But in this case, the code does provide that a party adversely affected by decision of the community development director can appeal to the planning and zoning board. So the role of the board really is to hear and consider the evidence and testimony of the interested parties and either affirm the denial, affirm the denial of the community development director or reverse the decision. And staff is asking, in this case, for you to affirm the denial of the small-scale site plan. In this case, the only issue, to my knowledge, that's being appealed is whether the applicant's proposed use, which is a self-service storage facility, is an allowed use in the M2 ‸ zoning district, which is the zoning district of the subject property and is

[00:05:13] Speaker 5 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:05:13–00:05:18 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:05:19] Speaker 5

And as the board knows, establishing the list of permitted uses for a particular zoning district is a legislative decision of the city council. And after receiving a recommendation from this board,

[00:05:36] Speaker 5 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:05:36–00:05:40 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:05:40] Speaker 5

in the current code, and applying that and determining what are the permitted uses that are allowed in the M2, and to enforce the language that is there. So, in terms of procedure, like the chairman mentioned, ‸ this is a little bit different since it is an appeal. We're going to have the appellant go first, and then staff will present second, and then any public comment after that, and then ‸ I believe the appellant wants to reserve some time for a rebuttal at the end. So that's going to be the order of the procedure tonight. That's it. Thank you.

[00:06:27] Speaker 1

Are there any questions from the board on what we're doing tonight?

[00:06:32] Speaker 2 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 00:06:32–00:06:33 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:06:33] Speaker 2 + overlapping voice · overlapping voices

to, ‸ what was the date of the denial month here?

[00:06:37] Speaker 5 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:06:37–00:06:43 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:06:39] Speaker 6 · Unclear audio

[unclear audio — 0:04]

[00:06:43] Speaker 6 · Machine re-recognized

applicant.

Flag: words were replaced by a machine repair · 00:06:43–00:06:43 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:06:44] Speaker 6

Last year. Yes. Okay.

[00:06:47] Speaker 5

Yes. And for the record, the appeal was submitted 30 days after that, which was permitted, and this was on the agenda for the previous meeting, but we couldn't do it that night because of a family emergency. So that's why it was rescheduled to this evening.

[00:07:17] Speaker 7

If I were in court,

[00:07:18] Attribution uncertain

I

[00:07:18] Speaker 7

would say may it please the court. And I say that because you are acting as a tribunal. You're actually as an appellate bench.

[00:07:25] Speaker 7 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:07:25–00:07:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:07:28] Speaker 7

board. So by introduction, my name is Kim Rosanka. I am with the law firm of Lacey Lyons and Rosanka here in the Rockledge office, just up the road here. And I'm here on behalf of my client,

[00:07:39] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:07:39–00:07:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:07:41] Speaker 7

And, uh, Ms. Ike did a fabulous job of explaining it. I had some of that in my presentation, so I won't have to do that. I ask that I'm not limited to three minutes because this is an appeal. We'd actually

[00:07:51] Speaker 7 · Machine re-recognized

asked

Flag: words were replaced by a machine repair · 00:07:51–00:07:51 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:07:51] Speaker 7

for 30, but I think we can do it in 20, but I do want a chance to rebut. We just have testimony and evidence to give to you. We have myself.

[00:07:59] Speaker 7 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 00:07:59–00:08:05 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:08:05] Speaker 7

will testify as an expert planner. She actually was on staff here, um, for a while as the, uh, planning director, and she will tell you what she recalls of this as she was here during part of this time.

[00:08:17] Speaker 7 · Unclear audio

[unclear audio — 0:08]

Flag: a language review questioned the wording · 00:08:17–00:08:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:08:25] Speaker 7

have an opportunity to write a wrong that happened in the city, and it wasn't intentional. It was just a series of events that occurred. This process started in March of 2022, and ADG holdings did everything right. They met with staff several times. They communicated with staff several times. They submitted emails. They submitted concept plans. They had a

[00:08:46] Speaker 7 · Machine re-recognized

pre-op.

Flag: words were replaced by a machine repair · 00:08:46–00:08:47 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:08:47] Speaker 7

They did all the things required.

[00:08:49] Speaker 7 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:08:49–00:08:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:08:53] Speaker 7

was an approved use.

[00:08:55] Speaker 7 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:08:55–00:08:58 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:08:58] Speaker 7

upon what staff had told ‸ them. Uh, Mr. Smith came in. Staff had left. All your planning staff had pretty much left except for, uh, Ms. Nutterman. And, uh, Mr. Bryant came in as the interim growth management role. And he was, you know, acting in his role. And he made a decision that this did not belong. The storage facility did not belong in M2. As Ms. Ike said,

[00:09:29] Speaker 7 · Unclear audio

[unclear audio — 0:01]

Flag: the recognizer flagged its own output · 00:09:29–00:09:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:09:30] Attribution uncertain · Unclear audio

[unclear audio]

[00:09:30] Speaker 7

Code requires it. This is a preliminary step, which we hope will work out here and we don't have to go any further. But this is an administrative remedy. We had to go through before we can do anything else. Um, my clients do not want to file a lawsuit, but we had to come through you all first before we could even consider it. You have been provided a lot of information by staff as to what happened in 2020. But this isn't about what happened in 2020. This is not about the ordinance change. ‸ Two of you were on the board at the time. Uh, uh, Mr.

[00:10:00] Speaker 7 · Unclear audio

[unclear audio]

Flag: the machine readings disagree here · 00:10:00–00:10:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:10:00] Speaker 7

and Mr. Greenwood. You were there when

[00:10:02] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:10:02–00:10:04 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:10:04] Speaker 7

COVID. I don't even know if you had people here to hear what you had to say, because some of your notices said you could appear in person and some said you couldn't appear in person. But, but that's not why we're here. The ordinance was passed and it was passed for whatever it was. And we don't even care what the intent of the ordinance was. All we care about is the plain language and what staff interpreted it to be between March of 2022 and April, uh, excuse me,

[00:10:29] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:10:29–00:10:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:10:30] Speaker 7

2022. There were at least 12 city staff members that saw the concept plan by the

[00:10:40] Speaker 7 · Unclear audio

[unclear audio]

Flag: the machine readings disagree here · 00:10:40–00:10:40 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:10:41] Speaker 7

There were emails between numerous city staff members during this time period. And I have all those to show you that there is no way anyone doing what my client did would have known.

[00:10:52] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:10:52–00:10:54 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:10:58] Speaker 7

Based upon the initial meetings between ADG and staff, a

[00:11:04] Speaker 7 · Machine re-recognized

pre-op,

Flag: words were replaced by a machine repair · 00:11:04–00:11:04 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:11:04] Speaker 7

a concept plan was sent and a pre app was set, um, for July 28th.

[00:11:09] Speaker 7 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:11:09–00:11:13 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:11:13] Speaker 7 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:11:13–00:11:15 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:11:15] Speaker 7

And I'm actually going to show you portions of the site plan, the 25 page site plan and construction plans that were provided to the city based upon what city staff, had told ADG, uh, Mr.

[00:11:27] Speaker 7 · Unclear audio

[unclear audio]

Flag: the machine readings disagree here · 00:11:27–00:11:27 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:11:27] Speaker 7

you may have met,

[00:11:28] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:11:28–00:11:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:11:30] Speaker 7

He's been doing this for over 40 years. And, uh, he went through the process as he always does. Um,

[00:11:41] Speaker 7 · Unclear audio

[unclear audio — 0:08]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:11:41–00:11:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:11:49] Speaker 7

the Grissom parkway storage. You just approved last meeting. Based upon the

[00:12:00] Speaker 7 · Machine re-recognized

pre-op

Flag: words were replaced by a machine repair · 00:12:00–00:12:00 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:12:00] Speaker 7

meeting in July of 2022, ADG spent hundreds and thousands of dollars on the site plan, purchased the property on September 9th of 2022.

[00:12:10] Speaker 7 · Unclear audio

[unclear audio — 0:07]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:12:10–00:12:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:12:17] Speaker 7

were submitted. Plus the fee of $1,600.

[00:12:21] Attribution uncertain

It

[00:12:21] Speaker 7

was submitted to the city on October 7th of 2022. The utility permit application was also submitted to utility department. And that was just approved in February. As to the site plan application, which includes the construction plans,

[00:12:37] No voice detected

uh,

[00:12:38] Speaker 7 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:12:38–00:12:43 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:12:43] Speaker 7

1 of 2022. Mr. Bryant then pulled the rug out from under ADG by sending the email that's in your packet saying, Oh no, it's not

[00:12:52] Speaker 7 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:12:52–00:12:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:12:55] Speaker 7

This rejection is clearly inequitable and unjust based upon what was told.

[00:13:00] Attribution uncertain

Was

[00:13:00] Speaker 7

told. To ADG repeatedly by staff over and over again. More importantly, the plain language of your zoning ordinance says storage facilities are permitted use, including general storage. And Ms. Thurman will talk to you about that and we will show you the ordinance because it's not in your packet. Again, you will hear from John King, Jeff Kinder, both

[00:13:25] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:13:25–00:13:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:13:29] Speaker 7

After Ms. Thurman testifies and she will testify as an expert based upon her years of experience and training. You will see the amount of work put into the application in clear reliance on city staff. And since city staff would ultimately make this decision to approve the small scale. ADG was entitled to rely on what staff told them. It's not like it had to come before you or any other governing board.

[00:13:56] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:13:56–00:13:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:14:01] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:14:01–00:14:04 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:14:04] Speaker 7

give you a couple pages of this and I'm going to give you one set of the entire package.

[00:14:08] Attribution uncertain

It

[00:14:08] Speaker 7

was 25 pages. I didn't want to waste any paper than I had already done tonight. We're not asking you to determine the intent of the zoning ordinance from 2020. And we're, but we are asking you to overturn the interim community development director, Bryant Smith's interpretation that this is not appropriate. This, the storage facility is not appropriate in an M2 zoning category. Uh, so what I'm going to do is I'm going to hand out just two pages as page one and page six. For each of you, because it will be discussed throughout the testimony tonight. And one complete package for you to review, which is 25 pages.

[00:15:17] No voice detected · Unclear audio

[unclear audio — 0:01]

Flag: words only one machine reading has (possibly not said) · 00:15:17–00:15:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:15:18] Attribution uncertain · Unclear audio

[unclear audio]

[00:15:18] No voice detected · Unclear audio

[unclear audio]

[00:15:23] Speaker 7 · Unclear audio

[unclear audio — 0:02]

[00:15:25] Speaker 7

um, I'm going to ask, uh, John King to come up and talk to you about what he did for this process.

[00:15:51] Speaker 8

Good evening. In March of last year, I had a discussion with, uh, Paul Bodie, senior planner. Mr. Bodie sent an email with a site plan application and other submittal information attached. On May 4th, I submitted a preliminary site plan with a narrative discussing our proposal with examples of our team's recent developments and asked for an informal discussion meeting.

[00:16:18] Speaker 8 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:16:18–00:16:23 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:16:23] Speaker 8 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:16:23–00:16:27 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:16:27] Speaker 8

attended.

[00:16:27] Speaker 8 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:16:27–00:16:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:16:33] Speaker 8

I was told that our use was allowed in the M2 district. I also asked Ms. Leonie if there was a possibility that the use could be denied through the site plan review process.

[00:16:44] Speaker 8 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 00:16:44–00:16:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:16:46] Speaker 8 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:16:46–00:16:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:16:50] Speaker 8

This meeting ended with Ms. Leonie saying that my next step was a formal pre-app meeting involving full preliminary designs and that the purpose of the pre-app meeting was to review the preliminary plans to provide guidance in preparation of the final plans for the site plan application. In late June, I had discussions with Mr. Bodie concerning sign code questions. We hired a local civil engineering firm who we understood had extensive experience in Cocoa and Brevard County. On June 30th, we submitted the

[00:17:23] Speaker 8 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:17:23–00:17:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:17:26] Speaker 8

While preliminary, these plans were at least 70% ready for construction. On July 1st, Ms. Leonie sent an email invitation to various review agencies about the meeting to be held on July 28th.

[00:17:40] Speaker 8 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 00:17:40–00:17:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:17:46] Speaker 8

enforcement, stormwater, utilities, fire building, capital projects, and water reclamation. The pre-application meeting was held at the city on July 28th with another colleague of mine. Technical comments based on preliminary review of the plans came ‸ from utilities, reclamation, fire, fire,

[00:18:05] Attribution uncertain

drainage,

[00:18:06] Speaker 8

building. Planning discussion was concerning a trash enclosure or not having one, not allowing a park and ride, the signage, lighting, and landscaping including full irrigation design.

[00:18:21] Speaker 8 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 00:18:21–00:18:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:18:28] Speaker 8

and about

[00:18:29] Speaker 8 · Unclear audio

[unclear audio — 0:05]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:18:29–00:18:33 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:18:33] Speaker 8

a separate request was made. And never was the land use in question. We immediately began a preparation of the final plans and documents. Based on the use assurances that the pre-app review had concerned only technical issues which were already being worked out, we purchased the land on September 9th. Later I had questions about the required documents for the site plan application.

[00:19:01] Speaker 8 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:19:01–00:19:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:19:06] Speaker 8

would need to provide the LLC operating agreement with the site plan application and that any further questions about such LLC documents be copied to

[00:19:14] Speaker 8 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:19:14–00:19:15 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:19:15] Speaker 8

Mr. Smith copied on that email. We proceeded with the site plan

[00:19:20] Speaker 8 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:19:20–00:19:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:19:24] Speaker 8

that

[00:19:24] Speaker 8 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:19:24–00:19:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:19:28] Speaker 8

fee. After not hearing anything back for a couple of weeks, I called the planning office and I was told that there was essentially no staff to speak with and that someone would be getting back with me.

[00:19:40] Speaker 8 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:19:40–00:19:44 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:19:44] Speaker 8

his email. Inbox and he would be getting back with me shortly. An email from Mr. Smith on November 1st stated that the application had been found to be complete,

[00:19:54] Speaker 8 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:19:54–00:19:57 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:19:57] Speaker 8

the site plan review would begin once the city received our check. We promptly sent the check. We also sent a separate fee to utilities. By the way,

[00:20:07] Speaker 8 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:20:07–00:20:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:20:12] Speaker 8

On November 14th, I received another email from Mr. Smith stating that he was unsure if a pre-app meeting had been held and that our site plan application had been denied because the use was not allowed in the M2 zoning district. He offered to return our check. This left me in shock. We were so far along in the process since we had assurances and assistance from the city departments, including planning and zoning and public works. We thought with Mr. Smith's knowledge. Thank you for the opportunity to speak with you tonight.

[00:20:57] Speaker 9 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:20:57–00:21:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:20:58] Attribution uncertain · Unclear audio

[unclear audio]

[00:20:58] Speaker 9 · Unclear audio

[unclear audio — 0:02]

[00:21:01] Speaker 9

I'm the manager of Advantage Development Group, who is the group developing this storage center. And we're here tonight because we believe this storage center that we're proposing is truly the perfect usage for this site. And that's based on the research that John's talking about, that we did into your city's zoning ordinance and

[00:21:23] Speaker 9 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:21:23–00:21:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:21:25] Speaker 9

that John has just described to you. After that positive feedback from the city, we understood that we had the green light to develop this site. We continued our due diligence. We continued our research to verify our belief that this development was the right thing to do in this site. As a 36 year veteran in the self storage business, where I've served as a regional manager all the way up to the vice president of operations and

[00:21:55] Speaker 9 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:21:55–00:22:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:22:00] Speaker 9

York Stock Exchange. ‸ And John, who's been with me through a lot of that journey, we can both attest to the fact that the self storage product and its usage has gone far beneath, far beyond our initial

[00:22:13] Speaker 9 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:22:13–00:22:16 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:22:16] Speaker 9

this business. And it's probably gone farther than your wildest imaginations.

[00:22:22] Speaker 9 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 00:22:22–00:22:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:22:22] Speaker 9

think you've seen a lot of self storage built in the last few years, there's a reason for that. Whether it's residential or industrial, self storage has become an important thing to a vibrant ‸ trade area.

[00:22:37] Speaker 9 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:22:37–00:22:39 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:22:39] Speaker 9

indicates a high probability of continued light industrial and entrepreneurial ‸ support for the SpaceX, NASA, Virgin, Blue Origin, and the other large scale investments that are coming here to the space coast. This is a small scale development. We're only talking about a three acre site. This isn't anything that, you know, we're, uh, it's obviously too small for a high intensity manufacturing or one of those huge Amazon distribution warehouses. The feasibility analysis for a self storage center on this location points out the need for the flexible size and short term space for the electricians, plumbers, carpenters, steel workers, landscapers are going to be needed to build and support this industrial usage around us. They need the space that

[00:23:29] Speaker 9 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:23:29–00:23:33 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:23:33] Speaker 9

vending machines, safety boots, industrial clothing companies, all use as distribution points out of self storage centers. It's the space for the machine shops, the assembly plants that need to take advantage of just in time supply or economic bulk purchasing as industry grows and slows. Whether it's growing or slowing in a lot of cases, it comes through us. In addition to the demographic and feasibility studies we undertook at the request of your planners and the other departments in your city, we have submitted for the right of way easement from Brevard County. We obtained our tree survey certification from the state of Florida, the federal flood zone certification. Changes were made to our original development concept by a local engineering ‸ firm who took the requests of your city staff. And, and the comments and the markups that they took their time to provide to us. And

[00:24:35] Speaker 9 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:24:35–00:24:38 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:24:38] Speaker 9

as our final submittal. As the staff even seemingly believe this project is permitted in this zone.

[00:24:48] Speaker 9 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:24:48–00:24:51 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:24:51] Speaker 9

we pulled the trigger. We made plan changes that your city asked for. We did the studies we applied with the surrounding agencies.

[00:24:58] Speaker 9 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 00:24:58–00:25:05 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:25:05] Speaker 9 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:25:05–00:25:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:25:09] Speaker 9

spent 12 months and over $750,000 towards our ultimate ‸ $10 million investment in your community.

[00:25:21] Speaker 9 · Unclear audio

[unclear audio]

Flag: words only one machine reading has (possibly not said); the recognizer flagged its own output · 00:25:21–00:25:23 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:25:21] Attribution uncertain · Unclear audio

[unclear audio — 0:01]

[00:25:22] Speaker 9 · Unclear audio

[unclear audio — 0:01]

[00:25:23] Attribution uncertain · Unclear audio

[unclear audio]

[00:25:23] Attribution uncertain

Because

[00:25:23] Speaker 9

this is the right project for this site. And your city gave us every indication that we're rounding third base on this. Until poor Bryant who had all these files dumped on his desk.

[00:25:34] Speaker 9 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:25:34–00:25:36 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:25:37] Speaker 9

And he sent us an email that literally said. I don't know anything about your project. But you're denied. This storage center belongs in this industrial location. We made the changes to the site plan that your city planners and various departments asked for. It's unfortunate that the ambiguous wording in your zoning ordinance that says storage facilities are allowed.

[00:26:02] Speaker 9 · Machine re-recognized

is coupled with the unfortunate timing that the city staffing shortages and it caused a huge mistake to be made by Mr. Smith. And you guys can fix this. You have the authority to approve this site storage center usage in this M2 zone just like you did last month. For the site 600 yards up the road. You can move

Flag: the recognized words and the detected speech do not line up · 00:26:02–00:26:29 · gap filled by a machine re-reading (not checked by a person)

[00:26:29] Speaker 9 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:26:29–00:26:31 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:26:31] Speaker 9

reviewed on the correct criteria for the for the site plan. It's really the right thing to do for all the right reasons. Thank you for your consideration.

[00:26:50] Speaker 7

Next will be Cindy Fox Thurman, and I'm going to hand you her resume, the zoning ordinance, and the ‸ staff report from 2020. Also,

[00:27:00] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:27:00–00:27:03 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:27:04] Speaker 7

miss Thurman got her master's in public administration in 1995 and has served as a planner including a planning manager since 2000. i'm

[00:27:14] Attribution uncertain

going

[00:27:14] Speaker 7

to hand you these documents for her to discuss. and these are exhibit two and exhibit three. um The first exhibit I gave you was exhibit one.

[00:27:42] No voice detected · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:27:42–00:27:48 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:27:43] Speaker 10 · Unclear audio

[unclear audio — 0:05]

[00:27:48] Speaker 10

in Brevard County and for the

[00:27:54] Attribution uncertain · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:27:54–00:27:58 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:27:54] Speaker 10 · Unclear audio

[unclear audio — 0:04]

[00:27:58] Speaker 10

The city's code defines self-storage facilities as a fully enclosed building. You can read along with me. It's in your package that Kim is handing out. This will be on, um you want to turn to the staff report actually for tonight. And

[00:28:15] Speaker 10 · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 00:28:15–00:28:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:28:22] Speaker 10

having individual compartmentalized units, stalls or lockers with privately controlled access points for the storage space of customers goods, wares or personal property. And

[00:28:35] Speaker 10 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:28:35–00:28:40 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:28:40] Speaker 10

with the M2 district's intent. It's very easy to read in your package. Also, if you look at the M2 section of code

[00:28:48] Speaker 10 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:28:48–00:28:51 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:28:51] Speaker 10

It simply states that sorry lost my place now. sorry It states that to press it's the intent of the M2 section is to preserve the function of various areas

[00:29:13] Attribution uncertain

of the roadways industrial

[00:29:13] Speaker 10

activities. warehousing ‸ distribution without creating hazards or negatively influencing surrounding land uses. It talks about this area should be accessible to collector or higher classification roadways. We already know where this is. This is in the Grissom Park Industrial. it's already meets that. And then the district shall be discouraged from locating next to areas designated for residential or low intensity. That's not here. How does this site plan then not meet with the intent of the M2 zoning code?

[00:29:43] Speaker 10 · Unclear audio

[unclear audio — 0:10]

Flag: a language review questioned the wording · 00:29:43–00:29:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:29:53] Speaker 10

last month. It was a large-scale site plan bigger than this one. It has over 52 000 square feet of inside building storage. They say that that storage space is to be designated as RV storage. But how do you know? ‸ And then to further talk about that is that the parking requirements for this 51 000 square foot building. They've applied the self-storage parking facility

[00:30:22] Speaker 10 · Unclear audio

[unclear audio — 0:07]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:30:22–00:30:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:30:30] Speaker 10

to the west of this property.

[00:30:39] Speaker 10 · Unclear audio

[unclear audio — 0:14]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 00:30:39–00:30:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:30:55] Speaker 10

the general statement says storage facility

[00:30:58] Speaker 10 · Unclear audio

[unclear audio — 0:08]

Flag: a language review questioned the wording · 00:30:58–00:31:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:31:06] Speaker 10

this not permitted how is it not meeting the intent of the m2 zoning code at the very least you have to admit to yourselves that the changes made to the code in 2020 have not been tested until now you're saying no

[00:31:21] Speaker 10 · Unclear audio

[unclear audio — 0:13]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:31:21–00:31:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:31:35] Speaker 10

and I may want to take our personal goods to and store in, but they're still storage facilities. it never should have been eliminated from the M2 zoning code if if I were here as staff at the time and I recognized that this was an inconsistency I probably would have recommended a zoning code change. And the code might have been something to the effect of, well, no, we can't just outright permit these, but maybe we can do special exceptions or something with permitted with conditions. Instead of eliminating personal self storage from the zoning classification ‸ entirely it's not been tested until you've received this site plan and I venture to say the last site plan from last month you should not have approved

[00:32:20] Speaker 10 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:32:20–00:32:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:32:25] Speaker 10

with only the self storage parking requirements your zoning staff made a mistake I'll take my part in that because it was people that worked underneath me at the time. But it was not because it was malicious, personal. It was because it was unnatural to believe that the self storage facility use would not be allowed in industrial zoning. You can fix this. It's not difficult. It's not going to cause the city any harm. Remember, the ‸ intent of the original ordinance in 2020 was only to stop the proliferation of self storage units in zoning classifications with more intense uses.

[00:33:13] Speaker 10 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:33:13–00:33:18 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:33:18] Speaker 10

that show that those people that use industrial sites depend on self storage units again I question why this is not

[00:33:29] Speaker 10 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:33:29–00:33:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:33:32] Speaker 10

from the code entirely without making it backed in with some conditional uses.

[00:33:43] Speaker 10 · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:33:43–00:33:44 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:33:44] Attribution uncertain · Unclear audio

[unclear audio]

[00:33:44] Speaker 10

difficult but it would be very difficult for the people that you're going to say no to they spent a lot of time and a lot of money and they ‸ relied on the voices of the city staff to spend money it's unfortunate and i can see where the mistakes have been made but i can tell you honestly that if you read the general statement and you look at this site

[00:34:12] Speaker 10 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:34:12–00:34:15 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:34:15] Speaker 10 · Unclear audio

[unclear audio — 0:05]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:34:15–00:34:20 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:34:22] Speaker 10 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 00:34:22–00:34:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:34:23] Attribution uncertain · Unclear audio

[unclear audio]

[00:34:23] Speaker 10 · Unclear audio

[unclear audio — 0:01]

[00:34:24] Speaker 10

the denial. Thank you. oh I can show this map. This map actually shows where the Grissom Parkway is in yellow that you saw. And then just three parcels over, this little three, that's all this is going to be, is a storage self-sourced facility here.

[00:34:44] Speaker 10 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:34:44–00:34:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:34:49] Speaker 10

You can park an RV but no other parking required by code you've allowed that here that is a self-storage facility and you allowed it last month thank you

[00:35:03] Speaker 5

For,

[00:35:03] Speaker 10 + overlapping voice · overlapping voices

sorry.

[00:35:04] Speaker 11 + overlapping voice · overlapping voices

to ask questions while she's up there. Do I have to wait till the end?

[00:35:10] Speaker 1 + overlapping voice · overlapping voices

um Let's wait until they're finished, and then, because she's going to get a rebuttal anyway.

[00:35:18] Speaker 5

um

[00:35:18] Speaker 5 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:35:18–00:35:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:35:22] Speaker 5

a uh a map. Did you want us to put that in the record? Yes. Okay. So that would be exhibit four, I think?

[00:35:33] Speaker 7 + overlapping voice · overlapping voices

Actually, it's at the end of exhibit two. oh is it? Okay. Yeah, it is. It's, yeah, and it's got a little X mark, so it's

[00:35:39] Speaker 7 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:35:39–00:35:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:35:41] Speaker 7 + overlapping voice

it not, because, as I said, I killed a lot of trees today.

[00:35:44] Speaker 5

Thank you.

[00:36:06] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:36:06–00:36:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:36:11] Speaker 7

I'm handing you what appears to be a very large set of documents and again this is for the record I can go through them about three minutes because I actually timed it it won't take long

[00:36:23] Speaker 7 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:36:23–00:36:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:36:28] Speaker 7

proves everything that you've heard tonight from Jeff and John ‸ I did want to um also comment and actually read for the record

[00:36:37] Speaker 7 · Unclear audio

[unclear audio — 0:08]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:36:37–00:36:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:36:45] Speaker 7

principal uses number four it says storage facilities parentheses excluding salvage yards and parentheses including automobiles mobile homes commercial vehicles heavy equipment building materials general comma refrigerated and recreational vehicles We did talk about the Grissom Storage Site Plan, and this was only three pages. This is what i printed from last month's

[00:37:16] Speaker 7 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 00:37:16–00:37:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:37:22] Speaker 7 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:37:22–00:37:27 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:37:27] Speaker 7

RV in there, you're also putting

[00:37:28] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:37:28–00:37:31 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:37:31] Speaker 7

and things like that.

[00:37:32] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:37:32–00:37:34 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:37:34] Speaker 7

You're going to have your golf cart. You're going to have your tent. So this, even though it says it's RV, it is general storage as well, and there's nothing that restricts them from putting their entire household furniture in those. So again, the code as

[00:37:51] Speaker 7 · Machine re-recognized

read

Flag: words were replaced by a machine repair · 00:37:51–00:37:52 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:37:52] Speaker 7

says general storage, and that's extremely important to know. Also,

[00:37:57] Speaker 7 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:37:57–00:38:02 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:38:02] Speaker 7

in M2. I had not heard that before, but I thought that was important to repeat. So what I've provided to you is page one of exhibit four is

[00:38:16] Speaker 12

why we're here, and I know you've seen it. It's the email from Mr. Smith.

[00:38:19] Speaker 7

He didn't really say he didn't know anything about the project. He said, hey, I'm not sure if a pre-op was even held. And

[00:38:25] Speaker 7 · Unclear audio

[unclear audio — 0:05]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:38:25–00:38:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:38:30] Speaker 7

his training and experience that he is well versed in this and has done this for a long time.

[00:38:36] Speaker 7 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:38:36–00:38:40 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:38:40] Speaker 7

is the email from Mr.

[00:38:43] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:38:43–00:38:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:38:46] Speaker 7

narrative he discussed. Requesting a pre-op, he'd asked for it May 23rd. um Next, page six, Sandra Leone said, um yeah, I don't know that we can do it that fast. oh this was an email from Sid to Sandra. With all those documents he referenced, Sandra said, hey, yeah, we can't do it in May. have a July 28th? Then on July 1st, Sandra Leone sent out the invite to the pre-op meeting with the concept plan, ‸ and it sent it to 16 different departments, including Mr. Smith, which

[00:39:17] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:39:17–00:39:20 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:39:20] Speaker 7

And this had attached to it the two pages of concept plan. So

[00:39:24] Speaker 7 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:39:24–00:39:29 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:39:29] Speaker 7

moving forward because no one at staff told them otherwise. Then there

[00:39:32] Speaker 7 · Unclear audio

[unclear audio — 0:05]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:39:32–00:39:37 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:39:37] Speaker 7

departments that were there. trying 11 and page 12. page 13

[00:39:41] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:39:41–00:39:44 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:39:44] Speaker 7

contacted miss

[00:39:45] Speaker 7 · Machine re-recognized

leonie

Flag: words were replaced by a machine repair · 00:39:45–00:39:45 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:39:45] Speaker 7

and said, hey, what are your requirements? How much do you need? Sandra

[00:39:49] Speaker 7 · Machine re-recognized

leonie

Flag: words were replaced by a machine repair · 00:39:49–00:39:49 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:39:49] Speaker 7

on October 25th said, just the list and type of size will do.

[00:39:53] Speaker 7 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording; numbers, amounts, negation or names differ between the machine readings · 00:39:53–00:39:58 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:39:58] Speaker 7

She didn't. And she was, for all purposes, the planning manager at that time. On October 7th, page 15 of this document, a 25 page construction drawing set which i gave to mr greenwood hopefully he's been able to pass it along with actually 12 exhibits not just 11. And then you have the letter that shows what those exhibit are. Starting on page 18 is the site plan application. I've only put a few pages in here because this was also provided to you with the staff report for this meeting. on page 19. the future land use and zoning district were completed by the city in your package there in red So again, when this was submitted on October 7th, the city looked at this, knew what they were doing, and put in the M2 zoning and never said a word that it was incorrect.

[00:40:47] Speaker 12 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 00:40:47–00:40:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:40:49] Speaker 7 + overlapping voice · Unclear audio

[unclear audio — 0:04]

[00:40:53] Speaker 7 + overlapping voice · overlapping voices

page 23, the environmental report, page 24, the fire flow and water demand analysis

[00:40:58] Speaker 12

report.

[00:40:58] Speaker 7 + overlapping voice

Page 26, more emails between city staff and the engineer in October 19th. Mr. Smith, we are working to compile the comments and provide you with a comment letter in the near future. Again, the

[00:41:11] Speaker 7 + overlapping voice · Machine re-recognized

property's

Flag: words were replaced by a machine repair · 00:41:11–00:41:11 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:41:11] Speaker 7 + overlapping voice

already been purchased by this time. Page 27, October 27th, um

[00:41:17] Speaker 7 + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording; numbers, amounts, negation or names differ between the machine readings · 00:41:17–00:41:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:41:24] Speaker 7 + overlapping voice

The submittal is complete. So on October 27th, this application was deemed complete. On November 1st, Mr. Smith emailed the engineer and said, it's done. Here's your project number and your fee is what it is. And then on February 27th, starting at page 29, the utilities department said, your your permit is approved. So they have gone through all this process. And at no time in nine months did anyone say, this is not right. I did want to go back to exhibit two as well. um um that report that's in there was from your staff report last month for Grissom Parkway.

[00:42:05] Speaker 7 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:42:05–00:42:08 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:42:08] Speaker 7 + overlapping voice

but what's interesting in that staff report is what staff says the purpose of this is. And

[00:42:16] Speaker 7 + overlapping voice · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:42:16–00:42:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:42:22] Speaker 7 + overlapping voice

RV storage will serve the surrounding neighborhoods to provide additional storage options in this area. That's what ADG storage facility is, is to provide additional storage options in this area, in the industrial park, as told to you by the two representatives of ADG. So in closing, we're asking you consider the concept of equity as it relates to the actions of city staff and the damages to ADG in those actions.

[00:42:51] Speaker 7 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:42:51–00:42:55 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:42:55] Speaker 7 + overlapping voice

that a government entity may be liable if a property owner in good faith reliance upon some act or

[00:43:02] Speaker 7 + overlapping voice · Machine re-recognized

mission

Flag: words were replaced by a machine repair · 00:43:02–00:43:02 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:43:02] Speaker 7 + overlapping voice · overlapping voices

of the government has made a substantial change in position or has incurred extensive obligation and expenses. It would be highly inequitable and unjust to destroy the right he or she has acquired. ‸ It's based upon the rules of fair play, and that's what we're asking you to do, to look at the fairness of this. someone at the city should have told ADG there might be a zoning issue long before ADG purchased this property ADG and all property owners must be able to rely upon staff at the city, and especially when they're acting as the

[00:43:43] Speaker 12

decision makers for the city in a small scale site plan.

[00:43:46] Speaker 7

You are all members of this community. your business owners,

[00:43:51] Speaker 7 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:43:51–00:43:56 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:43:56] Speaker 7

military and police officers, and you all are required to follow the rules and not mislead others. If this had happened to you, you would be outraged, as my clients are. We've tried to work this out with the city.

[00:44:09] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:44:09–00:44:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:44:11] Speaker 7

We even asked about the possibility of rezoning to M1, and we were told staff would not support that zoning. That's why we're coming to you through this route. Please review the papers that I've submitted, consider the testimony you've heard, and evaluate whether this storage facility

[00:44:28] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:44:28–00:44:31 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:44:31] Speaker 7

one you approved last month.

[00:44:35] Speaker 7 · Machine re-recognized

Please overturn

Flag: the recognized words and the detected speech do not line up · 00:44:35–00:44:38 · gap filled by a machine re-reading (not checked by a person)

[00:44:37] Attribution uncertain · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:44:36–00:44:38 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:44:37] Speaker 7 · Unclear audio

[unclear audio — 0:02]

[00:44:38] Speaker 7

plan on the basis of the zoning category. The rejection is unreasonable and unfairly burdens this property. You have the power under the city code to overturn this decision of the interim growth management director. If you accept the denial, rejection of the site plan, we don't have any alternative but to continue through the circuit court to evaluate the validity of the city's ordinance and

[00:45:08] Speaker 7 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 00:45:08–00:45:08 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:45:08] Speaker 7

to this property, and whether the city is stopped from rejecting the site plan based upon ADG's reliance. Again, equitable estoppel applies when a property owner in good faith has made, has reacted upon some act of the government and has made a substantial change in position.

[00:45:27] Speaker 7 · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 00:45:27–00:45:34 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:45:34] Speaker 7

M2 and

[00:45:36] Speaker 7 · Unclear audio

[unclear audio — 0:09]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:45:36–00:45:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:45:45] Speaker 7

unjust to reject the site place site plan based upon the zoning category interpretation by Mr. Smith. Please overturn this rejection of the site plan based upon the zoning category. You, the Planning Zoning Board, has the right to overturn this injustice. I thank you for your time. We can accept any questions now. And just let us know who you want to ask the question of. um

[00:46:20] Speaker 1 + overlapping voice

I think what we'll do is uh right now we'll go ahead and let Mr. Smith um do his propose because after he does his uh presentation, we have to open up to the public as well. So that way

[00:46:31] Speaker 1 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:46:31–00:46:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:46:35] Speaker 1 + overlapping voice · overlapping voices

comments and then that you can come up. Your team can come up and just answer all rebuttals at once. That way we can keep the flow of the meeting going. Thank

[00:46:42] Speaker 7

you, sir.

[00:46:44] Speaker 1

Mr. Smith. sure

[00:46:46] Speaker 6

Thank you. Yeah, I'll go ahead and start. I've got a presentation here for you all. I'm going to work to address um some of the items brought up hopefully through this presentation and some others. uh We went over the timeline already. I'll note that I came into the interim role in that October time frame So any public works review prior to that by me and my staff would have nothing to do with the planning or zoning aspect of this. um Any comments provided through public works at that time related to storm water and things like that are just general comments that

[00:47:18] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:47:18–00:47:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:47:21] Speaker 6

but it wouldn't pertain to the the use itself. um

[00:47:25] Speaker 1 + overlapping voice

So

[00:47:27] Speaker 1 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

Flag: a language review questioned the wording · 00:47:27–00:47:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:47:28] Speaker 6 · Unclear audio

[unclear audio — 0:02]

[00:47:30] Speaker 6

I think we've we've seen that in the the schematics and everything off of Grissom Road and and what I really want to kind of point out to everyone on this is is the actual code itself and the ordinance change that was pretty recent. So in in 2000 July 8, 2020

[00:47:48] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:47:48–00:47:52 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:47:54] Speaker 6

within that removed personal storage specifically from M2 and and the CBD districts within that as well, it defined self-storage uses within other zoning districts, very specifically gave definitions of self-storage and and applied additional requirements on storage facilities within those areas. And that rationale was to kind of control the proliferation of self-storage within the city. We see a lot of self-storage coming, not just in the city, but county and around the state as well. And

[00:48:30] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:48:30–00:48:34 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:48:34] Speaker 6

And SpaceX and things like that were mentioned. And the idea is you preserve those locations for those heavy industrial areas in the space industry, which is so near off of Grissom, and and really has direct access over to the space center. So here here's the ordinance. I know it's hard to see here. um But

[00:48:56] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:48:56–00:48:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:48:59] Speaker 6

it's the second whereas here, and I'll read it. The city's zoning code provide provides for the location of self-service storage facilities using various terms such as personal storage, personal personal storage warehouses, or many warehouses. And so that's just showing you the different ways it was referred to in in the code. And then

[00:49:21] Speaker 6 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:49:21–00:49:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:49:25] Speaker 6

So you can see personal storage warehouses services was not included in this item four of storage facilities. It was its own use, and it was specifically and intentionally removed by the planning and zoning board through a recommendation to the council, which council subsequently approved. And so here here are

[00:49:46] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:49:46–00:49:50 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:49:50] Speaker 6

different than the last page except for there's no personal storage facilities within that. So in item four, we talked about the Grissom Road project. That is an RV storage. You can see storage facilities and including recreational vehicles. That's allowed. You know, we can't control if someone violates that use from a planning and zoning aspect. uh there There's no way for us to know that um

[00:50:19] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:50:19–00:50:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:50:22] Speaker 6

to to do what they're supposed to be doing. It's no different than any other business. um You know, we we rely on the applicant to tell us what they're doing. They submit a business tax receipt saying what they're doing

[00:50:32] Speaker 6 · Machine re-recognized

for

Flag: words were replaced by a machine repair · 00:50:32–00:50:33 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:50:33] Speaker 6

the code, and that's how that's approved. Next here, this is just an extension of those uses. These are just the principal uses. I didn't provide the special exceptions,

[00:50:46] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:50:46–00:50:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:50:49] Speaker 6 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:50:49–00:50:52 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:50:49] Speaker 1 · Unclear audio

[unclear audio — 0:02]

[00:50:52] Speaker 6 · Unclear audio

[unclear audio]

[00:50:53] Speaker 1 + overlapping voice · overlapping voices

um Under number nine, storage yard. Now, storage yard under the code, does that only does that only by definition mean an open field for storage?

[00:51:03] Speaker 6

Yes. It's generally supposed to be open type storage like that.

[00:51:08] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:51:08–00:51:12 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:51:12] Speaker 6

I don't believe there's a specific definition for for storage yard in the code. Okay. But it is it is related to a a contractor. So I think that's a key aspect here too when we're talking about storage facilities. There's personal storage facilities, you know, just your your general everyday person. And then there's contractor for businesses and things like that and the trades that were mentioned as well.

[00:51:37] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:51:37–00:51:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:51:41] Speaker 6

that contractor type storage and things of those natures and that type of warehousing. ‸ So I'm not going to read all of these, but these as part of that ordinance, these are the list of requirements for self storage. So there's seven requirements. There's sub requirements as well. um you know, if self storage was going to be included in M2, you would have seen this long list of requirements, just like it's within CW, all of the other areas where it's allowed by perm, but as a principal use and allowed by a special exception. And we went over, we read the the intent of, of the, um of the M2 district

[00:52:24] Speaker 6 · Unclear audio

[unclear audio — 0:09]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:52:24–00:52:33 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:52:33] Speaker 6

and distribution. I want to kind of key back to when the code specifically defines a use, uh you know, we're, ‸ tied to that and

[00:52:42] Speaker 6 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:52:42–00:52:47 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:52:47] Speaker 6

we have to base these approvals. So

[00:52:49] Speaker 6 · Unclear audio

[unclear audio — 0:08]

Flag: a language review questioned the wording · 00:52:49–00:52:56 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:52:56] Speaker 6

other ones don't have a specific definition. This is a line item in the definition portion of the code. you know once again, it was specifically added and removed to certain code sections. And then you have warehousing and distribution as well. The definition there. So really the difference there is once again, your self-service storage, those are to be rented for customer goods being the client of the unit. um where's in personal property where your warehousing and distribution, it's almost a stopping point in the supply chain. It's, you know, before or after it's manufactured, it's a stopping point until it gets to its next place. um so we, we don't believe there's any ambiguity there. um

[00:53:38] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:53:38–00:53:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:53:41] Speaker 6

and, and they're defined that way within the code. um and we, we talked about once again, the general storage use. It is, it does say general in there. um but within the M2 use as well, it does specifically state that if, if a use is ‸ not specifically stated within there, it is prohibited. ‸ we have a, a specific use and self-service storage facilities that's included in other zoning categories that was included as part of personal storage

[00:54:19] Speaker 6 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:54:19–00:54:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:54:21] Speaker 6

category and has a definition in our code. So it's clearly defined and it was clearly removed

[00:54:28] Speaker 6 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 00:54:28–00:54:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:54:29] Attribution uncertain · Unclear audio

[unclear audio]

[00:54:29] Speaker 6 · Unclear audio

[unclear audio — 0:02]

[00:54:32] Speaker 6

um as far as the site plan goes, the site plan was not removed reviewed as an actual site plan. because, because it didn't meet the requirements. We, we took in the application. It had the required documents attached to it. We marked it complete, but we didn't proceed with any type of formal review.

[00:54:58] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:54:58–00:55:02 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:55:02] Speaker 6

So they, it sounds like they performed their utility review, but from a

[00:55:07] Attribution uncertain

public

[00:55:07] Speaker 6

works standpoint,

[00:55:08] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:55:08–00:55:12 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:55:12] Speaker 6

It was not

[00:55:13] Speaker 13 + overlapping voice · overlapping voices

reviewed.

[00:55:14] Speaker 6 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 00:55:14–00:55:20 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:55:20] Speaker 6

longer with the city, uh may have provided incorrect information at these pre-application meetings. uh we apologize for that. We

[00:55:28] Speaker 6 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 00:55:28–00:55:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:55:28] Speaker 6

to

[00:55:29] Speaker 6 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:55:29–00:55:31 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:55:31] Speaker 6

um but we do feel that within the code, it is very clear that self-service storage is not allowed within M2. um we don't believe that there's, there's any confusion there. ‸ we believe it was clearly removed, um

[00:55:47] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:55:47–00:55:50 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:55:50] Speaker 6

um which was recommended by this planning and zoning board and approved by the city council. And, uh we would ask you to uphold the, the decision that, myself made at that time.

[00:56:07] Speaker 1

um what's the current future, uh future land use for this

[00:56:10] Speaker 6

industrial industrial

[00:56:13] Speaker 1 + overlapping voice · overlapping voices

‸ okay um

[00:56:14] Speaker 1 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 00:56:14–00:56:18 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:56:18] Speaker 1 + overlapping voice

for further east along Grissom on the same side

[00:56:22] Speaker 6 + overlapping voice · overlapping voices

there everything on Grissom right there is industrial uh I believe there's a one recreational conservation type area but generally everything north of 528 over there is future land use is industrial and I believe I believe almost all of it if not

[00:56:39] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:56:39–00:56:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:56:45] Speaker 1

and there's no way that um

[00:56:48] Speaker 1 · Unclear audio

[unclear audio — 0:02]

Flag: the machine readings disagree here · 00:56:48–00:56:50 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:56:50] Speaker 1

work Public Works would would go to any of these

[00:56:54] Speaker 1 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 00:56:54–00:56:56 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:56:58] Speaker 1

um cr cg none of it

[00:57:00] Speaker 6 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 00:57:00–00:57:05 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:57:03] Speaker 1 · Unclear audio

[unclear audio — 0:03]

[00:57:05] Speaker 1

um oh

[00:57:08] Speaker 6

to rezone

[00:57:09] Speaker 1 + overlapping voice · overlapping voices

to rezone because you you just said you know there is a recreational because I know I've drove past that and that's kind of oddball for an industrial area everything else over there is kind of especially towards the front right there, you know, where CMEX is and you have FedEx tucked away behind there and then you've got the right there you've got the um the uh ‸ off to the left you have the uh the truck truck stop area where the people park their trucks and stuff but after that you have that recreational kind of garden ‸ place there and you're you're there you're what your lot is what 800 feet a thousand feet from there they may be adjacent to adjacent to that the nursery ‸ to the nursery

[00:57:59] Speaker 9

directly across from the FedEx driveway okay

[00:58:04] Speaker 6

so ‸ yeah so from a rezoning standpoint you know we didn't go through the you all have seen the rezoning applications

[00:58:12] Speaker 6 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 00:58:12–00:58:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:58:17] Speaker 6

um because it is com it would be completely surrounded by M2 um so you normally wouldn't do that you normally zone and in clusters so through here and the the area I mentioned that it's it's further to the west it's it's residential agricultural that's not the nursery area that's that's moving back towards where

[00:58:37] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 00:58:37–00:58:40 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:58:40] Speaker 6

but everything

[00:58:41] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:58:41–00:58:44 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:58:48] Speaker 1

just trying to figure out other plans of other plans of approach

[00:58:53] No voice detected

okay

[00:58:54] Speaker 1

um does the board have any more questions for Mr. Smith? I have a question. For Mr. Smith.

[00:59:05] Speaker 11

Mr. Smith answered a lot of the other questions that I was going to ask earlier. I wanted to thank you for asking me to wait until we're at this point because it helps save some time. So thank you. My question is, well, I don't know if it's a question.

[00:59:25] Speaker 11 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:59:25–00:59:52 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:59:28] No voice detected · Unclear audio

[unclear audio]

[00:59:28] Attribution uncertain · Unclear audio

[unclear audio]

[00:59:28] No voice detected · Unclear audio

[unclear audio]

[00:59:28] Attribution uncertain · Unclear audio

[unclear audio — 0:02]

[00:59:30] Speaker 11 · Unclear audio

[unclear audio — 0:22]

[00:59:52] Speaker 11

that there was a mistake made on the verbiage that is causing us the situation being a problem now. And I think it's just one or two words that I think Cindy had mentioned earlier that could be changed. Because it's basically,

[01:00:16] Speaker 11 · Unclear audio

[unclear audio — 0:03]

Flag: the recognizer flagged its own output; words only one machine reading has (possibly not said); a language review questioned the wording · 01:00:16–01:00:20 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:00:20] Attribution uncertain · Unclear audio

[unclear audio]

[01:00:20] Speaker 11 · Unclear audio

[unclear audio]

[01:00:20] Attribution uncertain · Unclear audio

[unclear audio]

[01:00:20] Speaker 11 · Unclear audio

[unclear audio]

[01:00:20] Attribution uncertain · Unclear audio

[unclear audio]

[01:00:20] Speaker 11

I look at it as being a very small loophole, but Mr. Smith does not have, he cannot, he or his staff cannot go opposite what the ordinances are required in the city.

[01:00:38] Speaker 11 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:00:38–01:00:42 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:00:42] Attribution uncertain · Unclear audio

[unclear audio]

Flag: words only one machine reading has (possibly not said); numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 01:00:42–01:01:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:00:42] Speaker 11 · Unclear audio

[unclear audio]

[01:00:42] Attribution uncertain · Unclear audio

[unclear audio]

[01:00:42] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:30]

[01:01:12] Attribution uncertain · Unclear audio

[unclear audio]

[01:01:12] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:23]

[01:01:35] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:01:35–01:01:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:01:38] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:03]

[01:01:41] Speaker 6 + overlapping voice

be the possibility of that could be considered spot zoning, not necessarily allowing the use. ‸ I think

[01:01:48] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:01:48–01:01:50 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:01:51] Speaker 6 + overlapping voice · overlapping voices

Well, my question though ‸ is

[01:01:53] Speaker 11

not to look into changing

[01:01:56] Speaker 11 · Unclear audio

[unclear audio — 0:07]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:01:56–01:02:03 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:02:03] Speaker 11 · Unclear audio

[unclear audio — 0:08]

Flag: a language review questioned the wording · 01:02:03–01:02:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:02:11] Speaker 11

this one and only time because of the pandemic, the shortness of the staff, you having to take over after it was put on your lap? There is a lot of information that could have been not noted and I think that's why we are where we are. But what I'm asking, the one time, ‸ what's your opinion if we make an exception on this one particular project? I mean, is it going to cause legal problems later for the city? Even though you're calling it it'd be a spot zoning, but...

[01:02:48] Speaker 6

So it wouldn't be spot zoning unless you were to rezone it, something specifically. ‸ If you were to say that this is allowed within the current definition, you can't just say only this project gets it.

[01:03:01] Speaker 6 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:03:01–01:03:03 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:03:04] Speaker 6 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 01:03:04–01:03:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:03:09] Speaker 6

meet the various lot size requirements,

[01:03:12] Speaker 6 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:03:12–01:03:13 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:03:14] Speaker 6

You wouldn't necessarily be able to even apply ‸ the additional regulations that we have on self storage facilities

[01:03:22] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:03:22–01:03:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:03:26] Speaker 1 + overlapping voice · overlapping voices

So you're basically saying that according to this, we're setting a precedent for future obligations. Yes,

[01:03:32] Speaker 6

unless unless the code was amended in the future to change that. To

[01:03:38] Speaker 11

change. To what is being requested of us today to allow that is.

[01:03:46] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:03:46–01:03:50 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:03:50] Speaker 6 + overlapping voice · overlapping voices

would be your interpretation of it. So

[01:03:51] Speaker 1 + overlapping voice · overlapping voices

what he's saying is if we if we decide. To overturn. The denial. And allow them to put a public storage facility in the M2. Then anybody who applies from now on can put a public storage facility on the M2 district, regardless of what our code and our ordinance says,

[01:04:09] Speaker 1 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 01:04:09–01:04:10 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:04:11] Speaker 1 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:04:11–01:04:16 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:04:16] Speaker 1 + overlapping voice · overlapping voices

Yes,

[01:04:17] Speaker 6 + overlapping voice · overlapping voices

unless you were to then amend that that zoning code.

[01:04:22] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:04:22–01:04:26 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:04:26] Speaker 11

amendment and then it has to go to the

[01:04:28] Speaker 6

council. So so that

[01:04:29] Speaker 1 + overlapping voice · overlapping voices

that time in between. It would basically be open, which is why I was asking, would it be easier just to do for a rezoning application? ‸ Which is why I was asking for that, because I figured if we allowed the one that it would open the floodgates for the rest. Yeah. And

[01:04:45] Speaker 6

that would have been ideal. You know, if

[01:04:48] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:04:48–01:04:51 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:04:51] Speaker 6

or something along those lines. But I think the concern there would be the spot zoning.

[01:04:57] Speaker 13

And Brian, what's your what's your opinion on the making a special exception? You know, updating the ordinance for a special exception like this. What's the staff's opinion?

[01:05:07] Speaker 6

I ‸ don't know that we necessarily have an opinion one way or the other.

[01:05:10] Speaker 6 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 01:05:10–01:05:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:05:11] Speaker 6

Exactly. I don't know that your approval or denial and can make that apply here because then you're kind of saying, well, we're going to do it for this one.

[01:05:21] Attribution uncertain

No,

[01:05:21] Speaker 6 + overlapping voice · Unclear audio

[unclear audio]

Flag: the machine readings disagree here · 01:05:21–01:05:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:05:21] Speaker 6 + overlapping voice · overlapping voices

something separate and it'd have to be throughout. It'd be in the in the ordinances as expected. ‸ That would be, you know, something in the future if the board wants to to look at and recommend to the council for for future application to do that.

[01:05:37] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:05:37–01:05:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:05:41] Speaker 6 + overlapping voice · Machine re-recognized

Yes,

Flag: words were replaced by a machine repair · 01:05:41–01:05:41 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:05:41] Speaker 6 + overlapping voice · overlapping voices

exactly. Okay, thank you. Just as a matter of. Go ahead.

[01:05:45] Speaker 2

Go

[01:05:45] Speaker 6 + overlapping voice · overlapping voices

ahead.

[01:05:45] Speaker 2

You know, it would appear that the applicant really acted in good faith based upon an unfortunate mistake made by your predecessors. And we're saying we're sorry you've invested a great sum of money, but by golly, we're sorry. We I think we have to find some way. If we were starting from scratch, I'd say you're correct. But they were acting in good faith

[01:06:15] Speaker 2 · Machine re-recognized

And

Flag: words were replaced by a machine repair · 01:06:15–01:06:15 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:06:15] Speaker 2

I use that everything is open to interpretation. And I'll stay with that.

[01:06:21] Speaker 2 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:06:21–01:06:26 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:06:26] Speaker 2

all the time.

[01:06:27] Speaker 2 · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 01:06:27–01:06:34 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:06:34] Speaker 2

Supreme Court. Then they'll quote the 14th Amendment, which no one can relate to. And say this is it.

[01:06:41] Speaker 2 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:06:41–01:06:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:06:46] Speaker 2

to find some way based upon the unfortunate mistake

[01:06:51] Speaker 2 · Unclear audio

[unclear audio — 0:08]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:06:51–01:06:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:07:02] Speaker 5

I'll address that. So, yeah, there's definitely been argument made that the doctrine of equitable stop will would apply basically to prevent the city from changing their stance on whether or not personal storage is allowed based on their reliance. That doctrine is applied very rarely in very extreme circumstances. And typically, even if someone were to actually receive a permit and it was determined that it was issued in error, there is case law, you know, there's ample case law talking about the fact that in those circumstances, the permit can be revoked. In addition, there, you know, I'll provide for the record. This is a city of Dunedin versus Pirates Treasure Inc.

[01:08:02] Speaker 5 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:08:02–01:08:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:08:07] Speaker 5

or common law duty for city staff to furnish a property owner with accurate information concerning whether a property redevelopment site plan complied with ‸ the city code. And that may sound like a harsh result.

[01:08:23] Speaker 5 · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 01:08:23–01:08:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:08:30] Speaker 5

decides what are the uses right that are that are allowed and no staff member has the authority to overturn that or to make a mistake. And that mistake is what we have to go by. So, again, that might sound harsh, but that is, um, you know, the case law in the state of Florida. Um, so Kim can certainly give her opinion, but that's mine. And that's how I would, um, how I would advise the board.

[01:09:01] Speaker 5 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:09:01–01:09:05 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:09:06] Speaker 12 + overlapping voice · overlapping voices

I had a question chair for Mr. Smith. Go ahead. Um, just out of curiosity. Do you even have the authority to reverse this decision?

[01:09:17] Speaker 6 + overlapping voice · overlapping voices

No, I don't. What's the decision?

[01:09:20] Speaker 12

Um, if this board tonight, even if we voted to reverse it, that's no guarantee that the city council will go along with it. Correct. Correct.

[01:09:28] Speaker 6 + overlapping voice

This, this, this board makes the decision. It doesn't go to council.

[01:09:32] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:09:32–01:09:37 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:09:33] Speaker 12 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

[01:09:35] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:01]

[01:09:37] Speaker 6 + overlapping voice · overlapping voices

then I would imagine. That's why I asked Mr. Smith if there was

[01:09:41] Speaker 1

a way for them to do a rezoning application because it is, it is on us tonight, whether we allow them or do not allow them.

[01:09:51] Speaker 1 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:09:51–01:09:55 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:09:55] No voice detected

Okay.

[01:09:56] Speaker 11

But the problem is that whatever we decide here, it changes it throughout the city because the initial intent was to minimize having too many, I believe ‸ of these types of projects in that location.

[01:10:12] Speaker 11 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:10:12–01:10:18 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:10:18] Speaker 6

Yes, it was generally to try to limit within the zoning districts where it would be allowed. That's why some zoning districts allow it by right as a permitted use. Other ones allow it as a special exception to where anytime that would come in, it would, it would be reviewed specifically at that location by the board, by the board of adjustments in that case.

[01:10:41] Speaker 6 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:10:41–01:10:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:10:46] Speaker 6

outright, not as a principal use or as a special exception.

[01:10:52] Speaker 4

I got a comment.

[01:10:53] Speaker 4 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 01:10:53–01:10:54 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:10:54] Attribution uncertain · Unclear audio

[unclear audio]

[01:10:54] Attribution uncertain

The

[01:10:54] Speaker 4

self storage is. Employing maybe one, two, three people. But if industrial ‸ manufacturing that will ‸ employ possibly hundreds of people. So I think the land use. That's why they, they made this decision. In 2020, um, you got a lot more jobs you could have on this, this property, especially with the space industry than self storage. Um, I just think that we got to think that through.

[01:11:27] Speaker 4 · Unclear audio

[unclear audio — 0:09]

Flag: a language review questioned the wording · 01:11:27–01:11:36 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:11:36] Speaker 4

is, is not abundant. I think we have to be very careful of going against what it has been zoned for.

[01:11:47] Speaker 11

Uh, may I ask a question? There's got to be, and I hope there is a way that this project can be massaged to allow what they want to do without it being so intense if we basically, if this board

[01:12:11] Speaker 11 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:12:11–01:12:15 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:12:15] Speaker 11

could, uh, make some, uh, and it sounds, it might be strictly. A verbal, um, amendment to the original project to where it saves them time and money. I know that they're not going to want to spend the money with legal fees and all that.

[01:12:35] Speaker 11 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 01:12:35–01:12:36 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:12:37] Speaker 11 · Unclear audio

[unclear audio]

Flag: a language review questioned the wording · 01:12:37–01:12:42 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:12:38] No voice detected · Unclear audio

[unclear audio]

[01:12:38] Speaker 11 · Unclear audio

[unclear audio — 0:03]

[01:12:42] Speaker 11

than the one that you had mentioned earlier, uh,

[01:12:46] Speaker 11 · Unclear audio

[unclear audio]

Flag: a possible machine repair could not be placed · 01:12:46–01:12:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:12:46] Speaker 11

attorney. Uh,

[01:12:48] Attribution uncertain

but,

[01:12:48] Speaker 11

um, is there some, um, is there some position that we could, uh, that the city could ask them to go before the board of adjustment?

[01:13:03] Speaker 11 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:13:03–01:13:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:13:07] Speaker 11

some minor, minor alterations to make it potentially possible that they can proceed with their project after they've made some alterations that could make it okay for them to build it?

[01:13:21] Speaker 6

Yeah, I think as long as it's being considered a self service storage facility, then the answer would be no based on our interpretation.

[01:13:31] Attribution uncertain

All right.

[01:13:31] Speaker 11 + overlapping voice · overlapping voices

Is it as simple as maybe changing the name or the identity and we need to ask them if they'd be satisfied with that if they're still able to pursue the project that they've got? Because one other, and I keep forgetting to ask it.

[01:13:45] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:13:45–01:13:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:13:49] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:09]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:13:49–01:13:57 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:13:58] Speaker 11 + overlapping voice

Yes, it's self self storage for, for personal goods. So if, if we alter the identity of the project. And this is where the two attorneys need to get together on this to where they could massage it and maybe prevent what the bad outcome would be a lot of time and money if there if that's a potential way to solve this issue.

[01:14:27] Speaker 6 + overlapping voice

Yeah, I'm not sure. It sounds like their product is pretty specific to self storage.

[01:14:31] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:14:31–01:14:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:14:34] Speaker 11 + overlapping voice · Unclear audio

[unclear audio]

[01:14:35] Speaker 11 + overlapping voice · overlapping voices

on it. But I think that the attorneys might understand and then we need to ask Cindy might need to have her come back because I'd like to see how she might what her opinion might be from her experience if there's a possibility of what I'm suggesting. I'd like to

[01:14:54] Speaker 14 + overlapping voice · overlapping voices · Machine re-recognized

tag

Flag: words were replaced by a machine repair · 01:14:54–01:14:55 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:14:54] Speaker 14 + overlapping voice · overlapping voices

on to that for just a second if you don't mind. So I'm in a unique situation. So I've been in their situation exactly with the city. I'm a landowner as well as being up here.

[01:15:06] Speaker 14 + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 01:15:06–01:15:14 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:15:14] Speaker 14 + overlapping voice

good idea along the way. Um, probably standard in the industry as well.

[01:15:18] Speaker 14 + overlapping voice · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:15:18–01:15:23 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:15:24] Speaker 14 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:15:24–01:15:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:15:30] Speaker 14 + overlapping voice

By either changing what you're you've already bought the property. How do you make it work within the wording?

[01:15:35] Speaker 14 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: the recognizer flagged its own output · 01:15:35–01:15:37 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:15:37] Speaker 14 + overlapping voice

Because it's set in stone.

[01:15:40] Speaker 14 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:15:40–01:15:43 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:15:43] Speaker 14 + overlapping voice

got to here?

[01:15:44] Speaker 7

We tried.

[01:15:46] Speaker 14

Can you share that with us?

[01:15:53] Speaker 7 + overlapping voice · overlapping voices

I mean, we, we met with staff. We met with the attorney. We met with Mr. Whitten and we said, what can we do? And they're saying nothing. I mean, there was no give. I mean, their interpretation is their interpretation. Our interpretation is our interpretation. That's great. And our interpretation is general storage.

[01:16:08] Speaker 14

‸ Okay. So was there any give from your side as far as changing what you're trying to do?

[01:16:12] Speaker 7

Thank you.

[01:16:12] Speaker 14

To make it fit the wording that you know that they can't change.

[01:16:18] No voice detected · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:16:18–01:16:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:16:19] Speaker 7 · Unclear audio

[unclear audio — 0:06]

[01:16:24] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:16:24–01:16:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:16:28] Speaker 7

a mistake in the ordinance changing because they, the way they did it. So it wasn't a mistake. We believe from March to November, we believe the mistake is in the interpretation. Now, we, this is a small piece of property. This is what they do. I mean, do you, do you want us to put an RV in one of them? I don't think that's what you want to do. You don't really want to circumvent your code.

[01:16:49] Speaker 14 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:16:49–01:16:51 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:16:51] Speaker 7 + overlapping voice · overlapping voices

Yeah.

[01:16:51] Speaker 14 + overlapping voice · overlapping voices

And, and I knew going through the process that it's not done until it's done. And so,

[01:16:59] Speaker 14 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:16:59–01:17:01 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:17:01] Speaker 14 + overlapping voice

it changed along the way.

[01:17:03] Speaker 13 + overlapping voice · overlapping voices

And

[01:17:03] Speaker 14

I feel for you. It stinks. I've been there.

[01:17:07] No voice detected

However,

[01:17:07] Speaker 14 + overlapping voice · overlapping voices

at that point, there was a meeting with the city and we sat down and said, ‸ Hey, how do we make this piece of property work for what you need and what I need? And that's how it was resolved.

[01:17:17] Attribution uncertain

And

[01:17:17] Speaker 14 + overlapping voice · overlapping voices

we thought

[01:17:18] Speaker 7

zoning changing the zoning might work and they said, no, and I disagree. It's about zoning.

[01:17:22] Speaker 7 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:17:22–01:17:26 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:17:26] Speaker 7

it doesn't do any good for us to come

[01:17:28] Speaker 7 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:17:28–01:17:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:17:30] Attribution uncertain · Unclear audio

[unclear audio]

[01:17:30] Speaker 7 · Unclear audio

[unclear audio — 0:01]

[01:17:30] Speaker 7

So, so again, I understand I've had three of these clients in four months come to me that said, Hey, change, change of staff has changed it. But this is different. This is a zoning use first nine months that people knew about. It's not setbacks or what finishes are or things like that. I believe it. And I don't know your circumstances. Mr. Bankhead, but I just say it's this. This is a different circumstance than usual.

[01:17:55] Speaker 11 + overlapping voice · overlapping voices

Can, can I ask Cindy to come up? I'm sorry for not using our last name, but Cindy Thurman. I know the old name.

[01:18:05] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified)

Okay.

[01:18:08] Speaker 11

Cindy, you are very experienced and for years on the subjects that we're talking about. And I know attorneys, no offense against attorneys, but they're very legally.

[01:18:23] Speaker 11 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:18:23–01:18:26 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:18:27] Speaker 11

And as we were, uh, both, uh,

[01:18:31] Speaker 11 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:18:31–01:18:37 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:18:37] Speaker 11

possibility that this project could be presented differently? Uh,

[01:18:45] Speaker 11 · Unclear audio

[unclear audio]

Flag: a possible machine repair could not be placed · 01:18:45–01:18:54 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:18:45] Attribution uncertain

I think another project that

[01:18:45] Speaker 11 · Unclear audio

[unclear audio — 0:09]

[01:18:54] Speaker 11

There's another project we approved down the street. Uh, and I don't think it to me by driving by it, it

[01:19:03] Speaker 11 · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 01:19:03–01:19:10 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:19:10] Speaker 11

proposed to do. So we're back to semantics. And, uh, I, I just feel from my experiencing being a developer and I would be concerned too, because of the money they spent, the things

[01:19:25] Speaker 11 · Machine re-recognized

they

Flag: words were replaced by a machine repair · 01:19:25–01:19:25 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:19:25] Speaker 11

were told. And nobody's really, you can't point fingers at anybody. Uh, and yes, it ‸ was a mistake, but because it was a mistake, there's got to be some method. And I'm hoping, I don't know if you've thought about it enough or not, but do you foresee anything as a possibility that we could do based on what's happened here from your past experience with other projects?

[01:19:53] Speaker 10

It's a very loaded question.

[01:19:56] Speaker 10 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:19:56–01:19:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:20:00] Speaker 10

I believe that the ordinance passed in 2020. Was overreaching. Typically, when you have an ordinance change to your code, there's a reason why it has been changed.

[01:20:14] Speaker 10 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:20:14–01:20:18 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:20:18] Speaker 10

who

[01:20:19] Speaker 10 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:20:19–01:20:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:20:21] Attribution uncertain · Unclear audio

[unclear audio]

[01:20:21] Attribution uncertain · Unclear audio

[unclear audio]

[01:20:21] Speaker 10 · Unclear audio

[unclear audio — 0:03]

[01:20:24] Speaker 10

So what did staff do?

[01:20:27] Speaker 10 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 01:20:27–01:20:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:20:33] Speaker 10

And when they changed it comprehensively, they took personal self storage out of them to one line at it. It never should have been done that way. My feeling is that the city needs to go back and revisit the 2020 ordinance and book and look at what the intent of what the man

[01:20:50] Speaker 10 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:20:50–01:20:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:20:54] Speaker 10

And see if they went overboard.

[01:20:56] Speaker 10 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:20:56–01:21:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:20:58] Attribution uncertain · Unclear audio

[unclear audio]

[01:20:58] Speaker 10 + overlapping voice · Unclear audio

[unclear audio — 0:03]

[01:21:00] Speaker 10 + overlapping voice

at the time. Did you realize that there are other self storage personal self storage facilities in industrial all over the place?

[01:21:07] Speaker 10 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:21:07–01:21:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:21:11] Speaker 10 + overlapping voice

You can do a self storage mini warehouse with pretty much the same parking requirements

[01:21:16] Speaker 10 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:21:16–01:21:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:21:22] Speaker 10 + overlapping voice

Now, I understand that the city is protective over its M2 zoning because of this location and it is the only industrial. But I don't think anyone ever thought that personal self storage did not be a use allowed. If I bought one lot in in Grissom Parkway and I wasn't a contractor, but I wanted to store stuff there.

[01:21:45] Speaker 10 + overlapping voice · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 01:21:45–01:21:50 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:21:50] Speaker 10 + overlapping voice

self storage is not. There's in there's ambiguity in the code when your code says no personal self storage, but it

[01:21:58] Speaker 10 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:21:58–01:22:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:22:00] Speaker 10 + overlapping voice · overlapping voices

Not salad jars are allowed and it says that in it's on that

[01:22:04] Speaker 11

subject.

[01:22:04] Attribution uncertain · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:22:04–01:22:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:22:04] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

[01:22:06] Speaker 10 · Unclear audio

[unclear audio — 0:01]

[01:22:09] Speaker 11

‸ That would take less time to make a suggestion because we're talking about the ordinance that's got ambiguity in it was before this board and then the council approved it with two readings.

[01:22:22] Speaker 10 + overlapping voice · overlapping voices

Yes, sir.

[01:22:23] Attribution uncertain

So

[01:22:23] Speaker 10 + overlapping voice · overlapping voices

could

[01:22:24] Speaker 11 + overlapping voice · overlapping voices

we I'm sorry. Okay.

[01:22:25] Speaker 10 + overlapping voice · overlapping voices

So you would need to go back and do the exact same thing you did in 2020 and fix the code.

[01:22:30] Speaker 11 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:22:30–01:22:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:22:32] Speaker 10 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:03]

[01:22:35] Speaker 10 + overlapping voice · overlapping voices

I was

[01:22:35] Speaker 10 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:22:35–01:22:39 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:22:39] Speaker 10 + overlapping voice

you guys voted to reject my denial.

[01:22:43] Speaker 10 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:22:43–01:22:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:22:46] Speaker 10 + overlapping voice

to see what we could do

[01:22:47] Speaker 11 + overlapping voice · overlapping voices

and that would take less time.

[01:22:50] Speaker 10

No.

[01:22:51] Speaker 11 + overlapping voice · overlapping voices

It was I mean,

[01:22:53] Attribution uncertain

I

[01:22:53] Speaker 11 + overlapping voice · overlapping voices

don't know.

[01:22:53] Attribution uncertain

I

[01:22:53] Speaker 10 + overlapping voice · overlapping voices

mean, that that's

[01:22:54] Speaker 10 + overlapping voice · overlapping voices · Machine re-recognized

a

Flag: words were replaced by a machine repair · 01:22:54–01:22:56 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:22:56] Speaker 10 + overlapping voice · overlapping voices

better question for your staff to ask. I'm just telling you what would have happened if I was sitting here and you guys reverse it. I would come back to this board with

[01:23:03] Speaker 10 + overlapping voice · overlapping voices · Machine re-recognized

a

Flag: words were replaced by a machine repair · 01:23:03–01:23:03 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:23:03] Speaker 10 + overlapping voice

code change.

[01:23:04] Attribution uncertain

I

[01:23:04] Speaker 11

want to hear what the board says, but here's the idea that you've helped me come up with to try to solve this, because I think this is going to be a very good project and I'm supporting it. But I want to try to make a wrong right.

[01:23:18] Speaker 11 · Unclear audio

[unclear audio — 0:13]

Flag: a language review questioned the wording · 01:23:18–01:23:31 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:23:31] Speaker 11

zoning rather than it's sounding like it's a

[01:23:36] Speaker 11 · Machine re-recognized

rezoning

Flag: words were replaced by a machine repair · 01:23:36–01:23:37 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:23:37] Speaker 11

but I guess we can't.

[01:23:38] Speaker 10 + overlapping voice · overlapping voices

We have to do changing your code language. That's just a language and that's something that you need to direct to your staff. Yes, I can't answer that question.

[01:23:48] Speaker 11

Well,

[01:23:49] Attribution uncertain

I

[01:23:49] Speaker 11 + overlapping voice · overlapping voices

will. But that

[01:23:50] Speaker 10 + overlapping voice · overlapping voices

is but ‸ that but but but what I'm also telling you is because you approve this and Parkway storage. It's basically the same thing. You've got buildings that are 15 by 30 that ‸ you cannot you can put an RV in it, but who's not going to put their household in it when they're moving? Who's not going to put their kayak or their you know that they don't want to take with them the day they take their RV? They are going to have personal goods and storage in those units at the Grissom Park way site.

[01:24:20] Speaker 10 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:24:20–01:24:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:24:23] Speaker 10 + overlapping voice

And they're going to use this personal storage. And as Bryant said, you can't police that.

[01:24:28] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:24:28–01:24:31 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:24:31] Speaker 11 + overlapping voice · overlapping voices

That's when they can go. So you

[01:24:33] Speaker 10 + overlapping voice · overlapping voices

approved this, which is another wrong. If you want to put it that way, if you can't approve this one, then you've approved this one already. This is a much larger site,

[01:24:43] Speaker 11

but we approved that before we made the change.

[01:24:46] Speaker 10 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:24:46–01:24:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:24:49] Speaker 14 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:24:49–01:24:51 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:24:50] Speaker 10 · Unclear audio

[unclear audio — 0:01]

[01:24:51] Speaker 14 + overlapping voice

That's a different

[01:24:51] Speaker 14 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:24:51–01:24:54 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:24:54] Speaker 10 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

[01:24:54] Speaker 14 + overlapping voice · overlapping voices

Right.

[01:24:55] Speaker 10 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:24:55–01:25:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:25:00] Speaker 10 + overlapping voice

How are you going to police that they only keep RVs in there and then the parking requirements for that site plan

[01:25:06] Speaker 10 + overlapping voice · Machine re-recognized

were

Flag: words were replaced by a machine repair · 01:25:06–01:25:07 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:25:07] Speaker 10 + overlapping voice

for self storage?

[01:25:08] Speaker 10 + overlapping voice · Unclear audio

[unclear audio — 0:06]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:25:08–01:25:14 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:25:14] Speaker 10 + overlapping voice

Why would you use parking requirements for self storage?

[01:25:22] Speaker 6 + overlapping voice · overlapping voices

I can address the

[01:25:24] Speaker 4 + overlapping voice · overlapping voices

parking. Let me ask this question. Please go ahead. Shouldn't they have seen the same thing you did that no storage, personal storage, when they did the project and they started doing their research?

[01:25:39] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:25:39–01:25:42 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:25:43] Speaker 6 + overlapping voice · overlapping voices

It was based on our interpretation. They're

[01:25:45] Attribution uncertain

blaming

[01:25:45] Speaker 6 + overlapping voice · overlapping voices

staff. Okay, hold on.

[01:25:47] Speaker 1

Hold on. Let's let's get back on track. Mr. Smith, go ahead and answer the parking thing.

[01:25:51] Speaker 1 · Unclear audio

[unclear audio — 0:03]

Flag: the recognizer flagged its own output · 01:25:51–01:25:55 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:25:55] Speaker 1

We're going to get to public comment after Mr. Smith addresses the parking thing. And then, and then we'll go from there.

[01:26:01] Speaker 6

Yeah. So within the code, we have, we have off street parking regulations based on a number of different uses. It's pretty common practice that if a specific use isn't listed, you would use something similar. So the parking requirements self self storage also allows RV parking in some situations. When you do that RV parking, there's specific parking requirements to the square footage of RV parking. So that's the number that was used.

[01:26:29] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:26:29–01:26:33 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:26:33] Speaker 6

We're just blindly

[01:26:35] Speaker 6 · Machine re-recognized

used.

Flag: words were replaced by a machine repair · 01:26:35–01:26:35 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:26:35] Speaker 6

It's very, very common practice to find something similar that kind of fits in that box in terms of that specific requirement. In this case, we're talking parking and apply it there.

[01:26:46] Speaker 1 + overlapping voice · overlapping voices

Okay. So are you saying that the RV parking spots were used as parking in the plan? Or are you just saying that the off street parking was included in the. No, so

[01:26:58] Speaker 6 + overlapping voice · overlapping voices

in the, in the Grissom Parkway, it was, it's all RV parking. Right.

[01:27:02] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 01:27:02–01:27:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:27:09] Speaker 6 + overlapping voice

square footage for RV parking. And that's how you apply the passenger vehicle parking. I think there's roughly

[01:27:15] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:27:15–01:27:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:27:23] Speaker 1

Okay.

[01:27:24] Speaker 1 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:27:24–01:27:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:27:28] Speaker 1

comment. If there's anyone in the public that would like to make a comment on this current subject, please step up to the podium.

[01:27:47] Speaker 3

Hi.

[01:27:48] No voice detected

Hi.

[01:27:49] Speaker 16 + overlapping voice · overlapping voices

My name is Jennifer. Um, I just kind of had something to say to that. It is a great use of the space.

[01:27:55] Attribution uncertain

I

[01:27:55] Speaker 16 + overlapping voice · overlapping voices

just

[01:27:55] Speaker 1

need you to state your name and address. That's all.

[01:27:58] Speaker 16 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:27:58–01:27:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:27:59] Speaker 16

I'm in the college green neighborhood.

[01:28:01] No voice detected

Okay.

[01:28:02] Speaker 16

Um, so I can see where he's coming from.

[01:28:05] Attribution uncertain

Um,

[01:28:05] Speaker 16 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:28:05–01:28:08 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:28:08] Speaker 16

but also another great use of ‸ that space would be for the little businesses that can't really, they can't have their businesses in their homes. They got to have businesses outside because they need the commercial address, I guess, is what it is in order to get certain identifications with Sun business and stuff like that. And instead of just doing it all self storage. Why don't we set up bays for like mechanics to be inside there. We have them over on Dixon, but

[01:28:36] Speaker 16 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:28:36–01:28:39 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:28:39] Speaker 16

So why can't we incorporate it as a commercial space instead of just self storage be combination of the two. It'd be a better use of the space than just let's store my Halloween decorations in here. So that's it.

[01:28:55] Speaker 1

Okay. Thank you. Anybody else like to speak?

[01:29:05] Speaker 17

I was simply trying to ask earlier before we move on. Um, if you don't mind chair based off

[01:29:10] Speaker 17 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:29:10–01:29:12 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:29:12] Speaker 17

that you've referenced that was employed for the sake of this project that was submitted and I'm doing just a quick synopsis towards the

[01:29:22] Speaker 17 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:29:22–01:29:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:29:24] Speaker 17

versus this one proposed by advantage self storage for their much smaller land use projection. Um, in evaluating this, the general question, I guess

[01:29:35] Speaker 17 · Machine re-recognized

would

Flag: words were replaced by a machine repair · 01:29:35–01:29:35 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:29:35] Speaker 17

go back to the, uh, the staff and subsequently the retained attorney that is present today was not this ordinance in its definition, uh, ‸ reviewed and studied at the submission of the plan. I mean, that goes back to the origin of why we're naturally here. So that's where I pose my question today beyond when we get throughout the semantics of all of this. There was a definition that was established based off of this, this planning and zoning board based off of, uh,

[01:30:08] Speaker 17 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:30:08–01:30:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:30:11] Speaker 17

Did you not have reference towards that when you submitted

[01:30:14] Speaker 17 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:30:14–01:30:19 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:30:19] Speaker 17

time?

[01:30:20] Speaker 1

Good question. Yeah, please.

[01:30:28] Speaker 9

My name is Jeffrey kinder.

[01:30:30] Speaker 9 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:30:30–01:30:34 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:30:34] Speaker 9

once before already. Um, ‸ yes. We studied your code. And your code says, you know, in the addendums and here's the M two addendum and we're going to list all the things item number four says.

[01:30:50] Speaker 9 · Machine re-recognized

permitted uses

Flag: the recognized words and the detected speech do not line up · 01:30:50–01:30:52 · gap filled by a machine re-reading (not checked by a person)

[01:30:52] Speaker 9 · Unclear audio

[unclear audio — 0:01]

Flag: the machine readings disagree here · 01:30:52–01:30:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:30:53] Speaker 9 · Machine re-recognized

storage facilities except however you articulated junkyards. Salvage yards. Thank you very much. That's what I saw. I looked at your zoning code and that's what your zoning code says. And now you can maybe ask some of these other people too, but I think if you ask a thousand people in the world,

Flag: the recognized words and the detected speech do not line up · 01:30:53–01:31:19 · gap filled by a machine re-reading (not checked by a person)

[01:31:20] Speaker 9 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:31:20–01:31:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:31:23] Speaker 9

And those are the first two

[01:31:24] Speaker 9 · Unclear audio

[unclear audio — 0:05]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:31:24–01:31:29 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:31:30] Speaker 9

including these other kinds of storage facilities too. But it was my mistake. I thought storage facilities meant storage facilities. If you look at that entire zoning code, there is nothing that exempts self-service storage facilities from being used there. Nothing exempts it. Nothing takes it out.

[01:31:59] No voice detected

So

[01:31:59] Speaker 9

I looked at it. It said storage facilities. And it's interesting. I'm flattered that you use the term self-service storage facilities because when I was national director of marketing for public storage, the largest real estate investment trust on the New York Stock Exchange, I coined that phrase for the SEC filings. So I understand what it says, but

[01:32:20] Speaker 9 · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 01:32:20–01:32:27 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:32:27] Speaker 9

that was 1988. It came about well before people understood ‸ how a storage facility, we call them storage centers now, are actually used. They're actually used by people who do a lot of distribution work. They're actually used by a lot of light industrial guys. They're actually used a lot by heavy industrial guys. it's very much. A pressure relieving. Item. Inside. Any trade area. When you have too much inventory. When you don't have enough inventory. When you got to. Shrink it down. When you got to grow it up.

[01:33:08] Speaker 9 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:33:08–01:33:10 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:33:12] Speaker 9

This is a three acre site. guys I appreciate your concern that we're keeping something away but ‸ you're not going to get hundreds of jobs on a three acre site. It just doesn't happen. you got your setbacks you got I mean

[01:33:30] Speaker 9 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:33:30–01:33:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:33:32] Speaker 9

This is a three acre site. This is a small development that you guys would never have even seen because staff would have proved it if you had a staff. And we'd be getting building permits by now. But you didn't have a staff. He did the best he could. She did the best she could. But at this point in time, it's kind of no harm, no foul. You're concerned about opening the floodgates If you approve this the only M2 land that you have is right up there it's not like you're putting your entire town at risk it's right there I've been developing self-storage for 35 years and if I already know you've got a huge RV slot there already, that's got, you know, 200 storage units in it. And

[01:34:26] Speaker 9 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 01:34:26–01:34:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:34:32] Speaker 9

on three acres instead of nine. we're much more intense than them but if I know that that's already there I'm not going to build another self-storage on Grissom Parkway you have nothing at risk

[01:34:44] Speaker 9 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 01:34:44–01:34:50 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:34:50] Speaker 9

So, yes, we studied, we studied it

[01:34:53] Speaker 9 · Unclear audio

[unclear audio — 0:08]

Flag: a language review questioned the wording · 01:34:53–01:35:01 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:35:01] Speaker 9

into your whole you know City Council code and everything else I did what was reasonable and customary what I've been doing for 35 years and this is the first time it's ever come up and hit me in the face.

[01:35:20] Speaker 1

Brian you said earlier that in the in the M2 zoning of the of the code that it says all other, doctrine is prohibited.

[01:35:29] Speaker 1 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:35:29–01:35:33 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:35:33] Speaker 6 · Unclear audio

[unclear audio — 0:01]

[01:35:33] Speaker 6

D it says prohibited uses and structures all uses not specifically or provisionally permitted herein

[01:36:02] Speaker 5 · Unclear audio

[unclear audio — 0:07]

Flag: the recognizer flagged its own output · 01:36:02–01:36:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:36:09] Attribution uncertain · Unclear audio

[unclear audio]

Flag: the recognizer flagged its own output · 01:36:09–01:36:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:36:09] Speaker 5 · Unclear audio

[unclear audio]

[01:36:09] Speaker 5

district code is actually in exhibit 2 that she handed out that Ms. Rosinka handed out so you can see section D that he's referring to

[01:36:24] Speaker 11 + overlapping voice

for clarification

[01:36:25] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 01:36:25–01:36:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:36:32] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: the recognizer flagged its own output · 01:36:32–01:36:38 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:36:40] Speaker 11 + overlapping voice

is effectively going to change the ordinance anyway, correct? If we prove what's being presented,

[01:36:47] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: the recognizer flagged its own output · 01:36:47–01:36:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:36:53] Speaker 11 + overlapping voice · overlapping voices

changed, correct? We're not creating a new ordinance. They're going to need

[01:36:59] Speaker 6 + overlapping voice · overlapping voices

to correct it. More than likely to to fix it. you know If you guys feel it's ambiguous, then then we would clear that up for future projects. But until that happens, projects like this would be allowed in the M2 right but we're

[01:37:15] Speaker 6 + overlapping voice · Unclear audio

[unclear audio]

Flag: a language review questioned the wording · 01:37:15–01:37:23 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:37:15] Speaker 11 · Unclear audio

[unclear audio — 0:08]

[01:37:23] Attribution uncertain · Unclear audio

[unclear audio]

[01:37:23] Speaker 11

would solve the current problem, but also work diligently to do it quickly, which could solve this whole scenario am I really way off base here or what

[01:37:40] Speaker 6

I think it would depend on the recommendation from the board I mean if it's to to simply include the self-service storage as a permitted use or a special exception or do you want to apply the the other regulations that other zoning categories have for that storage facility? uh you know that would be the direction we need from from

[01:38:01] Speaker 6 · Unclear audio

[unclear audio]

Flag: a language review questioned the wording · 01:38:01–01:38:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:38:02] Speaker 11 · Unclear audio

[unclear audio — 0:03]

[01:38:06] Speaker 11

myself well enough I'm really trying to see if we could approve it because of the circumstances and then give direction to staff and maybe the council to try to

[01:38:22] Attribution uncertain

to

[01:38:22] Speaker 11 + overlapping voice

make the correction as soon as possible without it affecting what the original intent ‸ was. I understand what the intent was to begin with but their timing and the problems that they were experiencing was was not good for them and I'm I'm trying to salvage what the original intent is is by approving this and then asking for the ordinance to be corrected as soon as possible that can still support what the initial intent was

[01:39:04] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:39:04–01:39:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:39:07] Speaker 5 + overlapping voice · overlapping voices

maybe I can respond to that um you you stated that you were considering because of the circumstances approving it so I get you know I just want to be clear from a legal perspective my advice that is that that's not a valid reason right to um to reject the interpretation of staff But um

[01:39:35] Speaker 5 + overlapping voice · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:39:35–01:39:40 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:39:40] Speaker 5 + overlapping voice

to make recommendations to the Council regarding changes to the zoning district or to the zoning code, excuse me. So if that is something in the future that you wanted to do,

[01:39:54] Speaker 5 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:39:54–01:39:55 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:39:55] Attribution uncertain · Unclear audio

[unclear audio]

[01:39:55] Speaker 5 · Unclear audio

[unclear audio — 0:01]

[01:39:55] Speaker 5 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:39:55–01:39:58 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:39:58] Speaker 5 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:39:58–01:40:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:40:00] Speaker 5 · Unclear audio

[unclear audio — 0:04]

Flag: the recognizer flagged its own output; a language review questioned the wording · 01:40:00–01:40:04 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:40:04] Attribution uncertain · Unclear audio

[unclear audio]

[01:40:04] No voice detected · Unclear audio

[unclear audio]

[01:40:04] Attribution uncertain · Unclear audio

[unclear audio — 0:01]

[01:40:05] Speaker 11 + overlapping voice · overlapping voices

that hear from the rest of the board am I totally by myself over here or what Brian if

[01:40:14] Speaker 1

I asked you with recommendation from the board to reconsider a rezoning from the applicants for M1 would you take it under advisement at least a break take it back to public works and take it under advisement for as much as they've spent and to at least try to ‸ appease and have that be the give and take that we've been trying to do without doing

[01:40:39] Speaker 1 · Unclear audio

[unclear audio — 0:06]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:40:39–01:40:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:40:45] Speaker 1

from that

[01:40:46] Speaker 1 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 01:40:46–01:40:52 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:40:52] Speaker 1

about

[01:40:52] Speaker 1 · Unclear audio

[unclear audio — 0:06]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:40:52–01:40:58 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:40:58] Speaker 1

other zone now I need special well you allow

[01:41:02] Speaker 1 · Unclear audio

[unclear audio — 0:07]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:41:02–01:41:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:41:09] Speaker 1

my garage

[01:41:10] Speaker 1 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:41:10–01:41:12 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:41:12] Speaker 1

then I get it

[01:41:14] Speaker 1 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:41:14–01:41:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:41:17] Speaker 1

so

[01:41:20] Speaker 6 + overlapping voice · overlapping voices

so so yeah

[01:41:21] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:41:21–01:41:26 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:41:26] Speaker 6 + overlapping voice

doing a text amendment to allow it you know we would take the recommendation from you all but you know I'd suggest if you were going to consider allowing self service storage in M2 you would probably do that as a special exception because then you have a little bit more control over how many of those there are you could you could you

[01:41:49] Attribution uncertain

could put

[01:41:49] Speaker 6 + overlapping voice · overlapping voices

additional requirements and in terms of how far one is from another as well with that but but the process it doesn't it doesn't change their timeline whether it's a rezoning like a map amendment or a text amendment

[01:42:03] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:42:03–01:42:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:42:07] Speaker 6 + overlapping voice

it has to go through the advertising then it's got to go to council twice so so either of the two processes are the same it's hard to say what would be more supported I think

[01:42:17] Attribution uncertain

it's

[01:42:17] Speaker 6

I

[01:42:17] Attribution uncertain

think

[01:42:17] Speaker 6

I think keeping it M2 and looking at text amendments for uses would make more sense in

[01:42:23] Speaker 6 · Unclear audio

[unclear audio — 0:02]

Flag: the machine readings disagree here · 01:42:23–01:42:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:42:24] Speaker 6

trying to just rezone one parcel so that's the route you know that that's still for them that that doesn't really change much here on this decision simply because if you were if you wanted to wait to allow this until that decision was made then then you would really need to uphold the decision and provide direction ‸ to staff I guess being myself to come back with a text amendment related to that that use within the M2 district

[01:43:02] Speaker 1 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 01:43:02–01:43:08 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:43:08] Speaker 1

because if I have to I can go talk to Mr. Blake

[01:43:11] Speaker 6 + overlapping voice

yeah so your

[01:43:14] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:05]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:43:14–01:43:19 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:43:20] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:43:20–01:43:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:43:24] Speaker 6 + overlapping voice

May 3rd that doesn't necessarily mean that there couldn't be a special meeting um related to an ordinance because you figure we have to advertise this for two weeks um so that only gives us two weeks to to have the ordinance completely done and you know as mentioned we don't have

[01:43:41] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:43:41–01:43:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:43:45] Speaker 6 + overlapping voice

let's say it was even June

[01:43:47] Speaker 6 + overlapping voice · Machine re-recognized

that it came back to

Flag: the recognized words and the detected speech do not line up · 01:43:47–01:43:48 · gap filled by a machine re-reading (not checked by a person)

[01:43:48] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: the machine readings disagree here · 01:43:48–01:43:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:43:49] Speaker 6 + overlapping voice · Machine re-recognized

then it would probably go to the late June council meeting and then approve sometime in July. You know, depending on and you know, I would say to you know, with their with their site plan, depending on the requirements that you put it, it doesn't necessarily mean that the plan that they provided would meet those requirements. So if

Flag: the recognized words and the detected speech do not line up · 01:43:49–01:44:09 · gap filled by a machine re-reading (not checked by a person)

[01:44:09] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:44:09–01:44:12 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:44:12] Speaker 6 + overlapping voice · overlapping voices

we want it as a special exception in M2 and we want it to meet the requirements that self-storage facilities have and all the other zoning districts where they're allowed, I don't know if it meets that or not yet. So, you know, that would be up to them to have to review those requirements as well. And that wouldn't be reviewed until the site plan actually came in. Okay, so.

[01:44:36] Speaker 12

So, Chair, can I ask a quick question? ‸ with the site plan. um So, we would have to wait for them to submit that or to know for sure before we even make a decision like this. Correct?

[01:44:51] Speaker 6

No, you I mean, you could make the decision on directing staff regarding the zoning text amendments. The site plan you all wouldn't see. um It's a it's a small scale site plan. So, you know, say we go through this process in June and july june or July, it's approved and and that's now allowed. uh

[01:45:08] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:45:08–01:45:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:45:11] Speaker 6

of Adjustments to have that special exception approved. Then they would submit their site plan and that would be a staff approval.

[01:45:18] Speaker 12

So, I guess my looking forward, I'm thinking, let's say we reverse it tonight and somewhere down the road, um the staff denies the site plan or it's not 100 So, we went through all this for it to stop again. Could that happen?

[01:45:37] Speaker 6

If they didn't meet some of the site plan requirements. uh You know, if with with the way it is right now. So, if if you reverse the decision, it's basically saying it's allowed, then then it'd only meet the the lot requirements within M2. It wouldn't have to meet the specific requirements for uh the self-service storage facilities

[01:45:59] Speaker 6 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 01:45:59–01:46:02 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:46:01] Speaker 12 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

[01:46:02] Speaker 6 + overlapping voice · overlapping voices

it would still have to meet, you know, we're the parking requirements and um traffic and standard level of service type items. But those those specific requirements for self-storage that are in other zoning categories, that wouldn't apply until a

[01:46:17] Speaker 6 + overlapping voice · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:46:17–01:46:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:46:17] Speaker 6 + overlapping voice

Amendment took place.

[01:46:20] Speaker 12

So, it really is a special exception

[01:46:22] Speaker 12 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording; numbers, amounts, negation or names differ between the machine readings · 01:46:22–01:46:27 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:46:27] Speaker 6

I

[01:46:29] Speaker 12

mean, that's what it comes down to, to me.

[01:46:32] Speaker 6 + overlapping voice · overlapping voices

If you if you denied the director decision or or reverse

[01:46:38] Speaker 12 + overlapping voice · overlapping voices

it.

[01:46:38] Speaker 6

Yeah if you I mean no if you reversed it then then they would proceed with their application uh probably I'd see it tomorrow um

[01:46:46] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:46:46–01:46:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:46:49] Speaker 6

and if it meets the requirements then it would be approved. um You all wouldn't see it again.

[01:46:54] Speaker 6 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:46:54–01:46:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:46:59] Speaker 6

that's a self-storage facility and M2 could do the same until those text amendments were um were codified. So you know even later if if you decide yeah we we want to make a special exception we want to apply the specific requirements that wouldn't apply to them because they would have technically existed before that code did

[01:47:30] Speaker 1

So if we overturned tonight how quickly are you wanting to break ground like I understand you would be in his office tomorrow at probably eight o'clock probably standing outside his door at 7 45

[01:47:42] Speaker 1 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording; numbers, amounts, negation or names differ between the machine readings · 01:47:42–01:47:47 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:47:45] Speaker 8 · Unclear audio

[unclear audio — 0:02]

[01:47:47] Speaker 8

uh The easy answer to that question is with the process we were going through.

[01:47:54] Speaker 8 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:47:54–01:47:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:47:59] Speaker 8

permits right now. Okay. You know maybe even you know late February early March is what we were on track to be certainly in April that would not be a problem. we'll be pulling building permits. now Okay.

[01:48:13] No voice detected

How many months from

[01:48:15] Speaker 7

now.

[01:48:15] Speaker 8

How many months from now. um

[01:48:18] Speaker 8 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:48:18–01:48:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:48:22] Speaker 1 · Unclear audio

[unclear audio — 0:01]

[01:48:23] Speaker 8 · Unclear audio

[unclear audio — 0:02]

[01:48:25] Speaker 8

building permit it's.

[01:48:26] Speaker 8 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:48:26–01:48:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:48:30] Speaker 1 + overlapping voice · overlapping voices

Okay. And

[01:48:31] Speaker 8

then however long it takes for the building department to review. I think they mentioned probably a month or so. um so. um you know, we, we were prepared and we're interviewing architects to prepare our plans. And so. I mean, that's we felt blindsided based on the wording in the code, not, not, not the intent. I mean, I appreciate what you're saying commissioner, but you know, I read the code. And it said storage facilities. Then I go to the parking requirements and there's parking requirements for self-service storage facility. So I designed it to that. those standards and the only way I would have known different given and staff at the time, I don't believe did either. We have to research through council records to see if what's written in the code that's easily understood seemingly is not so easy after all

[01:49:38] Speaker 8 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:49:38–01:49:43 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:49:43] Speaker 8

know that. So anyway, thought I would add that. Sorry.

[01:49:51] Speaker 13

Justin, if I could make a quick comment. I imagine that uh the intent of the board is not whether or not we want the storage facility there. It's just whether the board members individually believe that storage facilities in that line item includes self-storage and should allow or disallow based on the directors. His opinion was they do not. So it's up to us individually to decide and then ‸ as a group collectively uh to determine whether his uh interpretation was we agree with his interpretation or not. And

[01:50:30] Speaker 13 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:50:30–01:50:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:50:32] Speaker 13

too. But I think it seems

[01:50:34] Speaker 13 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 01:50:34–01:50:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:50:35] Speaker 1 + overlapping voice · overlapping voices

I think it's, ‸ it's, it's

[01:50:40] Attribution uncertain

the

[01:50:40] Speaker 1 + overlapping voice

attorney and

[01:50:40] Speaker 1 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:50:40–01:50:44 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:50:44] Speaker 1 + overlapping voice

that the black and white is a self-storage is a no-go And

[01:50:50] Speaker 1 + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 01:50:50–01:50:57 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:50:57] Speaker 1 + overlapping voice · overlapping voices

to play in the gray and say that it's a special exemption. We're going to allow this. It doesn't matter necessarily personal feelings more so of how

[01:51:09] Speaker 13

we read the text. uh

[01:51:11] Attribution uncertain

yeah

[01:51:11] Speaker 13

I disagree that there can be gray though. uh did we either have to say uh ‸ yes or no? I think what, um Mr. Smith was saying was we either agree or disagree with what he's saying. uh if we agree with what he's determined, then we can come back and get text to make it not gray because we shouldn't be playing in the gray and, uh or we can uh deny and that will open up that gray area that

[01:51:34] Speaker 13 · Machine re-recognized

we were

Flag: words were replaced by a machine repair · 01:51:34–01:51:34 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:51:34] Speaker 13

just trying to prevent, uh to everyone and anyone who wants to do, uh what these people who are doing a great job of presenting it, uh would like to do and without, without limitation, without them having to read the self-storage parking, uh because it's not written like that in the text.

[01:51:49] Speaker 11 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:51:49–01:51:54 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:51:54] Speaker 11

I, I, I liked your idea of how this could be resolved. um And I think we need to have a, we need to put into perspective that

[01:52:09] Speaker 11 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:52:09–01:52:12 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:52:12] Speaker 11

for the, this board. Because if we approve this, that means now it's throughout the

[01:52:24] Attribution uncertain

the

[01:52:24] Speaker 11

whole city of the uh original uh M2 zoning that was set up. So it would require us to move quickly to try to make the correction and bring it back what the original intent was. So

[01:52:41] Speaker 11 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 01:52:41–01:52:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:52:45] Speaker 11

in a motion. What is it going to be? Two parts. One that we either approve or, or deny what's being presented to us. And then a second motion that says that we would like to have a a special meeting uh created with the text amendments. For what is not clear in the ordinance. That's where I'm leaning to, but I'm going to need help on how to present it. And I kind of think it's going to be two motions. Is that right?

[01:53:21] Speaker 5 + overlapping voice

Yeah, it would definitely involve, um two, right? It would definitely involve two motions. So again, the, the appeal item before you, you need to make a motion on that and whether or not to affirm the interpretation that

[01:53:40] Speaker 5 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:53:40–01:53:43 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:53:43] Speaker 5 + overlapping voice

That's one, one issue separately. I mean, separately you

[01:53:49] Speaker 5 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

Flag: the machine readings disagree here · 01:53:49–01:53:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:53:49] Speaker 11 + overlapping voice · overlapping voices

the word correct.

[01:53:50] Speaker 5

What's that?

[01:53:52] Speaker 11

I would use the word correct for Mr. Smith to put the text amendment as a correction to the current ambiguity on the way

[01:54:01] Speaker 11 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 01:54:01–01:54:05 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:54:05] Speaker 5 + overlapping voice · overlapping voices

So I would say separately you, if, if the board, a majority of the board would like to, you can provide direction for the city to city staff to bring back an ordinance. To, um include a text amendment in some, some way, whether that's a special exception or to allow it outright as a permitted use. You could make a motion to have city staff, bring that back. um and I don't know if that will be again, as

[01:54:43] Speaker 5 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording; numbers, amounts, negation or names differ between the machine readings · 01:54:43–01:54:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:54:45] Speaker 5 + overlapping voice · overlapping voices

that we do is going to require advertisement and things before that. So I don't know whether or not a special meeting would be possible, frankly, um before the next meeting, ‸ regularly scheduled meeting May 3rd. ‸ So

[01:54:59] Speaker 11 + overlapping voice · overlapping voices

for anybody else uh wanting to put an application in until this is corrected?

[01:55:05] Speaker 5 + overlapping voice · overlapping voices

No, I'm more. I mean, you, you, the city can enact moratoriums, but it is not something that can be done

[01:55:13] Speaker 5 + overlapping voice · Machine re-recognized

by a vote of the planning and zoning board right now. It would have to be, again, advertised. It would be at another meeting and it would go through city council to readings, right? So it's a moratorium is not something that can just be done tonight.

Flag: the recognized words and the detected speech do not line up · 01:55:13–01:55:30 · gap filled by a machine re-reading (not checked by a person)

[01:55:31] No voice detected · Unclear audio

[unclear audio]

Flag: the machine readings disagree here; the recognized words and the detected speech do not line up · 01:55:31–01:55:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:55:32] Speaker 5 · Unclear audio

[unclear audio — 0:01]

[01:55:33] Speaker 11 · Unclear audio

[unclear audio — 0:05]

[01:55:38] No voice detected · Unclear audio

[unclear audio — 0:08]

[01:55:46] Speaker 7

First i'll let you say thank you for taking the time to hear this. I know this is unusual. It's taking a lot of time and

[01:55:51] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:55:51–01:55:54 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:55:54] Speaker 7

I've never done this. I've been doing this law for 22 years, but I want to focus back on your code. that says why we're here and

[01:56:03] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:56:03–01:56:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:56:06] Speaker 7

can be made by any party adversely affected by a final site plan determination of the community development director. And so that's why we're here. It doesn't give you standards. It doesn't tell you what to do or what to look at. Your legal counsel has

[01:56:21] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:56:21–01:56:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:56:24] Speaker 7

but I i suggest it is the equitable estoppel argument does work in court.

[01:56:30] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:56:30–01:56:33 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:56:33] Speaker 7

I know it well. That was when someone came and asked a question and they gave an opinion here.

[01:56:38] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:56:38–01:56:42 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:56:42] Speaker 7

is completely different. And for nine months,

[01:56:45] Speaker 7 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:56:45–01:56:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:56:46] Attribution uncertain · Unclear audio

[unclear audio]

[01:56:46] Speaker 7 · Unclear audio

[unclear audio — 0:03]

[01:56:49] Speaker 7

this use is allowed they met with them

[01:56:51] Speaker 7 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:56:51–01:56:54 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:56:54] Speaker 7

and we wouldn't be here.

[01:56:55] Speaker 11

that's not

[01:56:58] Speaker 7

pardon me

[01:56:58] Speaker 11

we're We're needing to move

[01:57:00] No voice detected

on.

[01:57:00] Speaker 7 + overlapping voice

oh I understand.

[01:57:01] Speaker 7 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:57:01–01:57:03 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:57:03] Speaker 7 + overlapping voice

as you've mentioned, you must rule in favor of adg and reject his ‸ opinion. You have to. That's what the law says. There are private property rights in zoning ordinances or in derogation of private property. So if there's an ambiguity, you have to rule in their favor. But I wanted to, I mean, this is attached to my, this map is attached to my appeal letter and it shows what's out there. You've got auto salvage. you got a landscape business. you got brewer paving. It's a mishmash out there and I understand the code is trying to fix that, but this is a storage facility when you ‸ already, in our opinion, you've already got a storage facility right next door. So, I'll try to, say I mean, I i obviously, there's there's a lot I would like to say, but in spot zoning, we're just not willing to risk it. I don't believe it would be spot zoning, but I'm not going to risk it

[01:57:56] Speaker 7 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 01:57:56–01:57:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:57:59] Speaker 7 + overlapping voice

the plain language says, General, you've had the two people ‸ have done this for 36 years that thought this was

[01:58:03] Attribution uncertain · Unclear audio

[unclear audio]

[01:58:03] Speaker 7

this was a permitted use because it said ‸ storage facilities and general storage is included in the M2. and again if we're worried about jobs nine acre park of an RV storage and self storage is not bringing a lot of jobs either So again, ‸ we're asking for a solution. um If you all deny our request and approve the interpretation for Mr. Smith, who I don't know Mr. Smith, but

[01:58:37] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:58:37–01:58:39 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:58:39] Speaker 7

He's not a planner by

[01:58:40] Speaker 7 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 01:58:40–01:58:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:58:41] Speaker 7

had to try a planner here with 23 years experience who's testified. This is what was appropriate. This is what she thought would have happened. And this is what the staff did at the time. the Common sense says that that was the proper interpretation. If you decide it's not, and then you change the code and we have to go to the board of adjustment for a special exception. It's another zoning permit. it's another opportunity i mean they were ready to break ground they thought

[01:59:07] Speaker 7 · Machine re-recognized

they'd

Flag: words were replaced by a machine repair · 01:59:07–01:59:08 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:59:08] Speaker 7

break ground in February and March and

[01:59:09] Speaker 7 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 01:59:09–01:59:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:59:11] Speaker 7

we'd ask that you reject this opinion and then if you choose to change your code but again, this is only would apply to the industrial M2 zone where someone wanted to put storage. It's not going to apply citywide unless personal storage or less storage facilities are allowed in other code sections. So with that, I would ask that you reject the opinion and approve our appeal. Thank you,

[01:59:35] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 01:59:35–01:59:42 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:59:42] Speaker 11 + overlapping voice · overlapping voices

repeatedly and now because it's so complex the issues that are involved now i'm leaning more on tabling this and having the staff come back where they could suggest once they've said they've spent some time on this of how we could do text amendments and another uh possible choices for us to make a decision I'm wondering if that might be the best route to go.

[02:00:08] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 02:00:08–02:00:13 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:00:13] Attribution uncertain · Unclear audio

[unclear audio]

[02:00:13] Speaker 11 · Unclear audio

[unclear audio — 0:01]

[02:00:13] Speaker 11

how to make a motion on this. And there was some ideas that was offered to us by our staff. Because I really don't want to uh open a Pandora's box where, okay, we approve it. Now, it's everywhere in the city opens it up. And that concerns me because that's one thing that the staff and the city, the council, wanted it altered. And it's all about ambiguities in the text. So now I'm thinking in order for us to make a valid decision, I think I'd like to table it.

[02:00:51] Speaker 11 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 02:00:51–02:00:54 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:00:54] Speaker 11

And then ask for the staff to come back with uh text amendments where uh we will know what we're going to

[02:01:03] Speaker 11 · Unclear audio

[unclear audio — 0:08]

Flag: a language review questioned the wording · 02:01:03–02:01:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:01:11] Speaker 11

and now we've got other uh choices, which we don't have now. I don't know how the rest of the board

[02:01:17] Speaker 4 + overlapping voice · overlapping voices

feels. um I i just

[02:01:20] Speaker 4 + overlapping voice · Unclear audio

[unclear audio — 0:05]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:01:20–02:01:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:01:25] Speaker 4 + overlapping voice

Avenue, US

[02:01:26] Speaker 4 + overlapping voice · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:01:26–02:01:26 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:01:26] Speaker 4 + overlapping voice

there's three or four storage units, self-storage. If we open the door, what says everybody else don't want to buy that property adjacent and say self-storage? So we got to be careful what we're doing. Which is why I'm suggesting to table. And I agree with you, Alex. It should be tabled until we get better information and staff can do a do what they do. Because

[02:01:54] Speaker 4 + overlapping voice · Unclear audio

[unclear audio — 0:08]

Flag: a language review questioned the wording · 02:01:54–02:02:02 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:02:02] Speaker 4 + overlapping voice

but there's been mistakes on both sides. And let's, uh I agree with Alex.

[02:02:11] Speaker 13

I don't see the value

[02:02:12] Speaker 13 · Machine re-recognized

in

Flag: words were replaced by a machine repair · 02:02:12–02:02:12 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:02:12] Speaker 13

tabling it. Only because uh whatever we table will then be, then the recommendation and then the motion and then the approval. And that kicks the can farther down the road.

[02:02:23] Speaker 11 + overlapping voice · overlapping voices

I'd rather just make a motion because we've been here long enough and see if it passes or not. Right, right. That's probably the best option. I'd like to make a motion that we table this and ask staff to come back with some suggestions on text amendments. So we can have enough information in front of us to make a decision on this.

[02:02:43] No voice detected · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:02:43–02:02:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:02:44] Attribution uncertain · Unclear audio

[unclear audio — 0:03]

[02:02:46] Speaker 1 · Unclear audio

[unclear audio — 0:03]

[02:02:49] Speaker 1

um Kristen, are we even allowed to table this tonight? Because we have the appellants here, and the Board of Appeal has already made,

[02:03:02] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified)

correct

[02:03:03] Speaker 1 + overlapping voice · overlapping voices

they've already made their decision, and I'm pretty sure there's a time period that has to be.

[02:03:10] Speaker 1 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

Flag: a language review questioned the wording; numbers, amounts, negation or names differ between the machine readings · 02:03:10–02:03:14 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:03:10] Attribution uncertain

don't believe

[02:03:10] Speaker 5 · Unclear audio

[unclear audio — 0:04]

[02:03:14] Speaker 5

it. Again, you know I think that the issue is is whether or not the interpretation of staff, um you're going to affirm or deny that. That doesn't require you know further research, frankly. I mean, if you, again, if you separately want to ask staff to come back for a text amendment, that's, you know, that's within the Board's prerogative. But

[02:03:42] Speaker 5 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:03:42–02:03:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:03:43] Attribution uncertain · Unclear audio

[unclear audio]

[02:03:43] Speaker 5 · Unclear audio

[unclear audio — 0:06]

[02:03:49] Speaker 5

of the information that you need to determine whether or not the interpretation of Mr. Smith was correct or not. It, so, I mean, and if we bring back text amendments at the same time, at another meeting, the appeal is, frankly, no longer useful at that point.

[02:04:10] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:04:10–02:04:14 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:04:14] Speaker 11 + overlapping voice · overlapping voices

He's denying it. He has his hands tied. He cannot present himself any differently. He has to go by what the ordinance says. Okay. So if you're telling me you don't recommend tabling it, then what you're basically leaving is for this to be approved. But then now it forces the staff to move quickly about correcting this issue uh and come back and make the amendments. Yes.

[02:04:47] Speaker 5 + overlapping voice · overlapping voices

We're

[02:04:48] Speaker 11 + overlapping voice · overlapping voices

talking about. Yes. So is that what you're suggesting to make it simpler?

[02:04:52] Speaker 5

That is what I'm suggesting.

[02:04:54] Speaker 11 + overlapping voice

And

[02:04:55] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 02:04:55–02:05:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:05:00] Speaker 11 + overlapping voice · overlapping voices

But we can't let a lot of time go by for people to take advantage of this loophole. For other people that.

[02:05:08] Speaker 5

‸ there is, I mean, if you affirm the interpretation of Mr. Smith, then self-service storage facilities are not allowed and there is no loophole.

[02:05:19] Speaker 11

But you could come back. To make the. Text amendments, which would allow them to proceed with their project. Correct.

[02:05:28] Speaker 5 + overlapping voice · overlapping voices

once those text amendments have gone through the process correct yeah

[02:05:32] Speaker 11 + overlapping voice · overlapping voices

so let me ask you this out loud. And

[02:05:36] Speaker 5

and are approved by the City Council,

[02:05:37] Speaker 5 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:05:37–02:05:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:05:38] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:03]

[02:05:41] Speaker 11 + overlapping voice · overlapping voices

or so. Yeah.

[02:05:42] Speaker 5 + overlapping voice · overlapping voices

Okay.

[02:05:42] Speaker 11 + overlapping voice · overlapping voices

Yes.

[02:05:42] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 02:05:42–02:05:48 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:05:48] Speaker 11 + overlapping voice

but with the guidance that you have we that we need uh the staff to move as quickly as possible. to making text amendments on the ordinance to keep from uh this happening again.

[02:06:02] Speaker 5

That is, yes, that's within the board's prerogative. If you would, again, the board is permitted and

[02:06:10] Speaker 5 · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 02:06:10–02:06:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:06:17] Speaker 5

code. So if you would like to do that, then that is certainly something the board can do.

[02:06:23] Speaker 11 + overlapping voice · overlapping voices

Well, it sounds like it solves the problem and it doesn't take a lot of time for the people that want to build the project. That's what this sounds like. It's a way to where where we can make a wrong right. So I would like to make

[02:06:37] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:06:37–02:06:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:06:41] Speaker 11 + overlapping voice

But with the uh guidance that staff um ‸ comes back with text amendments as soon as possible. well Remember, that has to be a separate motion. Yeah, I'm sorry. It's okay. Just

[02:06:54] Speaker 1 + overlapping voice · overlapping voices

one second.

[02:06:55] Speaker 14

so

[02:06:56] Speaker 1 · Unclear audio

[unclear audio — 0:05]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:06:56–02:07:01 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:07:01] Speaker 1

does the acceptance of Mr. Smith, and we push for this text, will you give us the three months?

[02:07:16] Speaker 12 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

Flag: the machine readings disagree here · 02:07:16–02:07:23 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:07:22] Speaker 11 · Unclear audio

[unclear audio — 0:01]

[02:07:29] No voice detected · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:07:29–02:07:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:07:30] Speaker 9 · Unclear audio

[unclear audio — 0:02]

[02:07:32] Speaker 9

can give me uh a feeling of confidence that you can actually accomplish something in three months to that regard. And I i appreciate your efforts, Mr. Greenwood. And what I would suggest is that you do that exact same thing, understanding that in reality, you're only putting at risk. because we'll specifically say that this self-service storage facility or i'll even change the name because in the description it says you know it's a storage facility which is exactly what your code says.

[02:08:19] Speaker 9 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 02:08:19–02:08:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:08:24] Speaker 9

us to do between now and the time that you guys can make your code changes. But I would ask you to go ahead and reverse his decision tonight, knowing that it's going to take us another three months to get our building permits and and finish going through his his site plan approval process

[02:08:47] No voice detected

correctly.

[02:08:48] Speaker 9 + overlapping voice

And we can continue to move forward while you guys and as the Advantage Storage Facility or the Advantage Storage, we'll just make that word self go away.

[02:09:02] Speaker 9 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:09:02–02:09:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:09:06] Speaker 9 + overlapping voice

and I think in the three months that it takes you to clean this up,

[02:09:09] Speaker 9 + overlapping voice · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 02:09:09–02:09:16 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:09:16] Speaker 9 + overlapping voice

going to get

[02:09:16] Speaker 9 + overlapping voice · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:09:16–02:09:16 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:09:16] Speaker 9 + overlapping voice

with self-storage centers. And that's really all you're putting at risk is that M2 ‸ You can at least get your decision down that close in in your uh ‸ in your motion tonight. So I would ask you to please consider doing it in reverse. Don't make us wait three more months for something that might not happen, because we've already waited a

[02:09:41] Speaker 9 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: words the first reading may have missed · 02:09:41–02:09:44 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:09:44] Speaker 9 + overlapping voice

ahead. Let us keep moving along in parallel. Give them that same direction. And we'll all meet three months from now and high five each other in gratitude.

[02:09:55] Speaker 9 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:09:55–02:09:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:09:56] Speaker 11 · Unclear audio

[unclear audio — 0:03]

[02:09:59] Speaker 11

and what was just suggested? Are you allowed to respond? Is it that simple?

[02:10:04] Speaker 11 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 02:10:04–02:10:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:10:09] Speaker 11

shared, it is a slippery slope to. uh Yeah,

[02:10:16] Speaker 5 + overlapping voice · overlapping voices

I i can't comment on whether or not there will be a number of applications submitted for M2. I mean, I i don't have a crystal ball and I i don't know that. um If you you, you know, if you reverse the decision of Mr. Smith, then then then self-service storage facilities are permitted in the M2, at least for the time being. And

[02:10:42] Speaker 11

that was not our intent. I move that we uh agree uh with Mr. Smith's uh denial.

[02:10:50] No voice detected

I

[02:10:50] Speaker 1

second. Are we, is there going to be any more discussion before we go ahead and vote? Is there anybody that has any more comments before we vote? It's the last chance.

[02:11:04] Speaker 12

So if we uh vote on this denial, that doesn't mean their project can't happen in the future. Correct. Okay.

[02:11:13] Speaker 1

Okay. So, Mr. Greenwood, you have set forth a motion that we are in favor of Mr. Smith's denial of the appeal. You have seconded it.

[02:11:25] Speaker 5

Denial of the site plan. Sorry.

[02:11:27] Speaker 1

Yes. Sorry.

[02:11:29] Speaker 5

Yes. oh

[02:11:30] Speaker 1

I used the wrong word. um All those in favor? Aye. aye aye are there any opposed i oppose i oppose

[02:11:48] Speaker 12

i oppose

[02:11:49] Speaker 5

can you do a roll call monica

[02:11:59] Speaker 3 · Unclear audio

[unclear audio — 0:01]

Flag: the recognizer flagged its own output · 02:11:59–02:12:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:12:00] Attribution uncertain · Unclear audio

[unclear audio]

[02:12:00] Speaker 3 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 02:12:00–02:12:04 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:12:02] Speaker 14 · Unclear audio

[unclear audio — 0:02]

[02:12:03] Speaker 3 · Unclear audio

[unclear audio]

[02:12:04] Speaker 14 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 02:12:04–02:12:05 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:12:06] Speaker 3 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 02:12:06–02:12:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:12:06] Speaker 3 + overlapping voice · overlapping voices

aye alec greenwood aye wesley park aye marcus wheeler

[02:12:11] Speaker 3 + overlapping voice · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 02:12:11–02:12:12 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:12:12] Speaker 3 + overlapping voice

mary beth burgess

[02:12:13] Speaker 3 + overlapping voice · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 02:12:13–02:12:14 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:12:14] Speaker 3 + overlapping voice

catherine stewart aye thank you

[02:12:18] Speaker 1 · Unclear audio

[unclear audio — 0:04]

Flag: the recognizer flagged its own output · 02:12:18–02:12:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:12:23] Speaker 2

Right. Can I make one comment or we

[02:12:25] Speaker 1

pass

[02:12:25] Speaker 2 + overlapping voice · overlapping voices

that? No, sir, you may make a comment. Okay, I i voted i'll post it because one, I don't know these guys, the applicants, but they acted in good faith. The mistake was made on the part of the city and the applicant is being penalized. One more editorial comment. Okay. You'll be upset with me. I've been on this board longer

[02:12:51] Speaker 2 + overlapping voice · Machine re-recognized

than

Flag: words were replaced by a machine repair · 02:12:51–02:12:52 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:12:52] Speaker 2 + overlapping voice

any other member since I believe 2006. I have never seen, never seen this city move in a timely manner. And I'll tell that ‸ the city manager.

[02:13:08] Speaker 2 + overlapping voice · Machine re-recognized

okay? You know that

Flag: the recognized words and the detected speech do not line up · 02:13:08–02:13:10 · gap filled by a machine re-reading (not checked by a person)

[02:13:10] Speaker 2 + overlapping voice · Unclear audio

[unclear audio]

Flag: the machine readings disagree here · 02:13:10–02:13:10 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:13:10] Speaker 2 + overlapping voice · Machine re-recognized

that. Other communities somehow get things a little bit quicker than we do. And the staff is undermanned, understaffed, okay?

Flag: the recognized words and the detected speech do not line up · 02:13:10–02:13:22 · gap filled by a machine re-reading (not checked by a person)

[02:13:22] Speaker 2 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: the machine readings disagree here · 02:13:22–02:13:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:13:26] Speaker 2 + overlapping voice

We should never say

[02:13:27] Speaker 2 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:13:27–02:13:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:13:30] Speaker 2 + overlapping voice

wrong. We'll see.

[02:13:35] Speaker 1

Although I'm going to go ahead and take this time now to make a motion for Mr. Smith To go ahead and add to either the May meeting or the June meeting to go ahead and have wording and documentation ready to have the self-storage zoning for M2 be added as a special consideration.

[02:14:01] Speaker 11 + overlapping voice

I'll second it with discussion. Can you add one word in there? Go ahead. On or before the month that you said, if it's possible that they could do it sooner? Yeah, I

[02:14:14] Speaker 11 + overlapping voice · Machine re-recognized

asked

Flag: words were replaced by a machine repair · 02:14:14–02:14:14 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:14:14] Speaker 11 + overlapping voice · overlapping voices

for May or June. Right. On or before. If they're able to complete it sooner than June. Oh, ‸ I don't think we're

[02:14:24] Speaker 1

going to have a special meeting for it. Well, at least let them have the option. On or before May or June meeting. And I'll hold my second. Greenwood second. All in favor? Aye. Any opposed? ‸ Thank you, Mr. Smith. And to the applicants. I apologize.

[02:14:46] Attribution uncertain

I

[02:14:46] Speaker 1

didn't go in your favor tonight. I do want to say that I I do feel with you.

[02:14:53] Speaker 11

We all do.

[02:14:55] Speaker 1

‸ Most of this board I can speak for at least. But I do have to ‸ for the time being, stick with my code and I understand that there is a flaw in my code. This is me trying to make that change.

[02:15:09] Speaker 1 · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 02:15:09–02:15:15 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:15:15] Speaker 1

and overlooked and overlooked. And but at the same time, I'm going to state something that's always stuck with me. Ignorance is nine tenths. So we can always keep going nine miles over the speed limit. But that one time we get caught by the cop. He's still going to you can tell him all day long. Why? I do this every day. Same route. Same time. I pass you every day. And it's going to be that one time. He says, well,

[02:15:46] Speaker 1 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:15:46–02:15:47 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:15:48] Speaker 1

So I will give you my guarantee that we will try to get this done as quickly as possible. And good luck to you in the future.

[02:15:58] No voice detected

Thank you.

[02:16:04] Speaker 1

All right.

[02:16:06] Attribution uncertain

Item

[02:16:06] Speaker 1 + overlapping voice

B.

[02:16:07] Speaker 1 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:16:07–02:16:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:16:08] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:01]

[02:16:09] Speaker 6 + overlapping voice

Yes. These next two items are map amendments. I would classify them as corrections on the map.

[02:16:16] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:05]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:16:16–02:16:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:16:21] Speaker 6 + overlapping voice

This is ordinance 0 3 2 0 2 3.

[02:16:24] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:16:24–02:16:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:16:28] Speaker 6 + overlapping voice

It's about 11.59 acres and almost 77 parcels or is 77 parcels. It includes portions of the already developed quail

[02:16:38] Speaker 6 + overlapping voice · Machine re-recognized

which community condo

Flag: words were replaced by a machine repair · 02:16:38–02:16:39 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:16:39] Speaker 6 + overlapping voice · overlapping voices

medium condos. I'll go with condos for now. Sorry.

[02:16:43] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: the recognizer flagged its own output · 02:16:43–02:16:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:16:46] Speaker 6 + overlapping voice

that are around that area. They're currently zoned commercial neighborhood and the future land use there is medium density residential. So that's a conflict. Medium density residential does not allow commercial neighborhood and the future land use dictates what zoning is allowed. So ‸ the recommendation here is to rezone from ‸ the CN commercial neighborhood to RU 215, which is the multifamily. I want to

[02:17:14] Speaker 6 + overlapping voice · Machine re-recognized

note

Flag: words were replaced by a machine repair · 02:17:14–02:17:14 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:17:14] Speaker 6 + overlapping voice

as well, regardless of whether you rezone this or change the land use, CN and 215 both allow multifamily. So commercial neighborhood allows multifamily developments that meet the RU 215 requirements.

[02:17:30] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:17:30–02:17:34 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:17:34] Speaker 6 + overlapping voice

You could argue that it's almost already allowed based on the zoning. The zoning category that it's in. So that's kind of just the detail through here. This is the location. So you can see that there's there's multiple properties. The reason why it's 77 parcels is each one of these units has its own parcel ID. So that's why there's a number of them.

[02:18:00] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 02:18:00–02:18:04 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:18:02] Speaker 1 · Unclear audio

[unclear audio]

[02:18:02] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:02]

[02:18:04] Speaker 6 + overlapping voice

different there.

[02:18:05] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:18:05–02:18:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:18:05] Speaker 1 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

[02:18:07] Speaker 1 + overlapping voice

Exactly.

[02:18:10] Speaker 5 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 02:18:10–02:18:13 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:18:13] Speaker 5 · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 02:18:13–02:18:16 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:18:16] Speaker 5

Yeah.

[02:18:18] Speaker 6

‸ And what you can kind of see here, the so where that red line is, and I'll switch over here where the black line is, ‸ the zoning actually splits parcels, which which is interesting how how that was even accomplished in the first place. So we're looking to correct this this this conflict. The and sorry, I'm scrolling ‸ both here. It is, you know, through the staff report, it's consistent with our comp plan and zoning code. And so our recommendation is approval of this or recommend approval to the city council. Keep in mind, you know, this will require two readings

[02:18:58] Speaker 6 · Machine re-recognized

at

Flag: words were replaced by a machine repair · 02:18:58–02:18:58 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:18:58] Speaker 6

the city council as well.

[02:19:01] Speaker 1

Okay. Other than designation from CN to RU 215.

[02:19:10] Speaker 1 · Unclear audio

[unclear audio — 0:10]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:19:10–02:19:19 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:19:19] Speaker 1

density. Is there any key differences that we need to other than the map correction?

[02:19:26] Speaker 6

No. So if CN, let's say that was allowed within that future land use, it would it falls back to RU 215. That's allowed within CN, which is 15 units an acre. And then the RU 215 is 15 units an acre. So those requirements are the same. The CN actually references the zoning district of RU 215. So all those requirements in 215 would apply. Okay. Mr. Chair. Yes.

[02:19:52] Speaker 11

Is there another way to look at it too, Mr. Smith? Uh, basically you're going from commercial to residential commercial is more of a higher use and it actually is a more, uh, uh, acceptable for the area that it's located in to approve this, uh, change. But basically, is that also another difference? Because I know that, uh, CN, uh, allows you to do multifamily, but it also allows you to do a lot more.

[02:20:25] Speaker 6 + overlapping voice · overlapping voices

That's, that's correct. So there's a number of commercial uses that, that would be allowed if, if CN was technically allowed here.

[02:20:33] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 02:20:33–02:20:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:20:35] Speaker 6 + overlapping voice

I think the future land use map is a really good indicator of, of how you would typically see zoning.

[02:20:42] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 02:20:42–02:20:44 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:20:44] Speaker 6 + overlapping voice

the, the darker purple, those are, those are your more commercial. Then you transition into medium dense type areas. And then as you work your way west, now you're, you're back in low density. So that's kind of normal zoning that you typically see. Uh, you know, the problem with the zoning map here is you've got your commercial neighborhood and, and now you've got commercial neighborhood right up next to, uh, your low density residential, or

[02:21:10] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:21:10–02:21:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:21:11] Speaker 6 + overlapping voice

That's not

[02:21:12] Speaker 11 + overlapping voice · overlapping voices

not, it's

[02:21:13] Speaker 6 + overlapping voice · overlapping voices

not too normal to have that. So this, this would correct that move to prove as presented by staff.

[02:21:19] Speaker 5

We.

[02:21:21] Speaker 6

I believe you need to open.

[02:21:23] Speaker 5

Yeah, we need to open it up to the public.

[02:21:27] Speaker 1

Um, before open the public, is there any discussion? No. Okay. Okay. Go ahead, ma'am.

[02:21:35] No voice detected

Thanks.

[02:21:40] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified)

So, hi, I'm Jennifer Kenny and I actually live in Quail Ridge. Um, ‸ my neighbors got together the other night. Um, had to wait until we could get everybody together because we are a condominium association and the neighbors did decide that we would have a petition to, um, oppose.

[02:21:59] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified) · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 02:21:59–02:22:05 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:22:05] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified)

it is you're actually doing. This is just a rezoning. So I'll save my petition for when we come back to oppose the apartment buildings going in right next door to Quail Ridge. So, but a point I want to make while I'm here is that, um, it's being called Quail Ridge LLC. So I find that is so interesting. So I looked up on sunbiz and so

[02:22:33] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified) · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 02:22:33–02:22:39 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:22:40] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified)

is not Quail Ridge of Cocoa Condominium Association. So Quail Ridge of Cocoa Condominium Association is not proposing ‸ any building. We are not in favor of the, uh, Quail Ridge LLC kind of taken over our name. Um, and, um,

[02:23:03] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified) · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 02:23:03–02:23:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:23:07] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified)

us. Uh, we're an older group, which is why some of my neighbors already had to leave. Um, we're pretty quiet at Quail Ridge. Um, we, we don't have a playground, so it's mostly older people who live there. And, um, most people are retired and

[02:23:27] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified) · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:23:27–02:23:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:23:28] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified)

Um, and, uh,

[02:23:29] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified) · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 02:23:29–02:23:36 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:23:36] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified)

association was $90,000.

[02:23:38] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified) · Unclear audio

[unclear audio — 0:07]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:23:38–02:23:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:23:45] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified)

in our parking lot or using, uh, we have two pools. We, um, don't, we just, we just, we can't afford it. We can't afford any, any types of liability like that. So I just wanted to say that and I'm glad now that I understand that this is just to, um, rezone everybody. But I do have a question, um, also. So what does that do to our tax base? Will that change any of our tax base once we're rezoned?

[02:24:14] Speaker 6 + overlapping voice · overlapping voices

I don't, I don't believe so because the, the

[02:24:17] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:07]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:24:17–02:24:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:24:24] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified) + overlapping voice

All right. So I guess,

[02:24:25] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified) + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 02:24:25–02:24:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:24:32] Speaker 15 (introduced as “Jennifer Kenny” — machine-transcribed, not verified) + overlapping voice · overlapping voices

brings their proposal to y'all. Thanks a million. Have a good night. You

[02:24:36] Speaker 1

too.

[02:24:43] Speaker 16

Hi, Jennifer again. I live in the college green neighborhood. Now I do kind of have a question regarding this. Um, now the rezoning with the new commercial would ‸ allow high rises to go into that area. Correct.

[02:24:57] Speaker 6

This is rezoning

[02:24:59] Speaker 6 · Machine re-recognized

it

Flag: words were replaced by a machine repair · 02:24:59–02:24:59 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:24:59] Speaker 6

away from commercial.

[02:25:01] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:25:01–02:25:04 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:25:04] Speaker 16 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:25:04–02:25:08 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:25:08] Speaker 16 + overlapping voice · overlapping voices

that I've. I worry that they're going to build a high rise there. And I mean, we already have enough issues with. That area. Um, ‸ having more people and having more access to our quiet neighborhood. But as she said, it is a quiet neighborhood considering how close to some unsavory neighborhoods. We are because we don't have sidewalks. People are not allowed to just walk into our neighborhood. And I don't want that to change.

[02:25:36] Speaker 6

I believe the height maximum for 215 is 35 feet. So unless, unless the board of if they, unless they were requesting to go higher, which then it would have to go to the board of adjustments. That would, that would be their max.

[02:25:56] Speaker 16

Okay. Uh, yeah, I just, I don't want it to get any busier than it already is.

[02:26:03] Speaker 16 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:26:03–02:26:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:26:06] Speaker 16

know that our community is, is so tightly knit over there.

[02:26:10] Speaker 16 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 02:26:10–02:26:14 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:26:14] Speaker 16

right up against empty area. And I don't want it to follow suit that you zone.

[02:26:20] Speaker 16 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:26:20–02:26:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:26:21] Speaker 16

and then we get apartments on the back end.

[02:26:23] Speaker 16 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:26:23–02:26:27 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:26:27] Speaker 16

we ‸ just, you know, rezone to commercial in our area.

[02:26:33] Speaker 7

That's

[02:26:34] Speaker 14

it.

[02:26:34] Speaker 16

Thank you.

[02:26:41] Speaker 8 · Unclear audio

[unclear audio — 0:01]

Flag: the machine readings disagree here · 02:26:41–02:26:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:26:42] Speaker 17 + overlapping voice · Unclear audio

[unclear audio — 0:03]

[02:26:47] Speaker 17 + overlapping voice · Unclear audio

[unclear audio — 0:06]

Flag: the machine readings disagree here; a language review questioned the wording · 02:26:47–02:26:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:26:53] Speaker 17 + overlapping voice

which is CN. It's going to RU215, which is a multifamily.

[02:26:58] Speaker 17 + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 02:26:58–02:27:04 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:27:04] Speaker 17 + overlapping voice · overlapping voices

it correctly, in its zoning, correct? Yes, sir. Okay, so therefore, for what you're stating, this would help to codify that a little bit better, but no one can truly speak to future land use as to what someone else may choose to do with their land in the near future.

[02:27:23] Speaker 18 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:27:23–02:27:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:27:25] Attribution uncertain

I

[02:27:25] Speaker 18

live in Courtyards of Cocoa. I'm the president over there. And I was hoping you could put the other map up. I have a question about the map. Which one? The colored one. Yes, that one. So it's the boxed-in area, correct? Yes. So you're saying from that, that there's not going to ever be any higher density than it is now, but they can build taller? Is that what you're saying?

[02:27:52] Speaker 6

No, what I'm saying, the current zoning for that area that's boxed in

[02:27:56] Speaker 6 · Machine re-recognized

and

Flag: words were replaced by a machine repair · 02:27:56–02:27:56 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:27:56] Speaker 6

black

[02:27:57] Speaker 18 + overlapping voice · overlapping voices

‸ is

[02:27:58] Speaker 6 + overlapping voice

CN. Okay.

[02:28:00] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:28:00–02:28:02 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:28:02] Speaker 6 + overlapping voice · overlapping voices

which is a multifamily use, which allows 15 dwelling units an acre, or 15 units an acre. It also allows a number of commercial uses. And so what ‸ we're doing here is changing it to RU215 specifically, which is primarily a residential use. The ‸ area just north of it, the ‸ pink area, that already is RU215. So I'd say ‸ we're changing the dark pink ‸ to the lighter pink here.

[02:28:33] Speaker 18

But I'm asking about the density that can be built in there.

[02:28:37] Speaker 6

It's ‸ 15 units per acre.

[02:28:39] Speaker 18

What is it now?

[02:28:40] Speaker 6 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:28:40–02:28:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:28:41] Speaker 18 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

[02:28:41] Attribution uncertain · Unclear audio

[unclear audio]

[02:28:41] Speaker 18 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:28:41–02:28:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:28:45] Speaker 18

per acre as we have now.

[02:28:48] Speaker 6

Correct. The density is not changing. So ‸ you

[02:28:51] Speaker 18

can go up. You just can't make any more units.

[02:28:56] Speaker 6 + overlapping voice

Well, they can maximize the space to 15 units an acre.

[02:29:00] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 02:29:00–02:29:05 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:29:05] Speaker 18

I

[02:29:06] Attribution uncertain

get

[02:29:06] Speaker 18 + overlapping voice

it. Okay. That's what I wanted to know because it's hard to tell. ‸ We're laid out flat.

[02:29:10] Speaker 18 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:29:10–02:29:13 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:29:13] Speaker 18 + overlapping voice · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 02:29:13–02:29:18 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:29:19] Speaker 6 + overlapping voice · overlapping voices

Yeah, correct. And so they do have the maximum height of 35 feet too. And that ‸ gets more into the actual site plan approval process.

[02:29:27] Attribution uncertain

But it

[02:29:27] Speaker 18 + overlapping voice · overlapping voices

could be, ‸ we could have more people in that smaller area than what we have now planned out

[02:29:34] Speaker 18 + overlapping voice · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:29:34–02:29:36 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:29:36] Speaker 6 + overlapping voice · overlapping voices

Depending on what the density is. I don't know the density of the condos. So if the

[02:29:41] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:29:41–02:29:42 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:29:42] Speaker 6 + overlapping voice

then yes, you could have,

[02:29:44] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:29:44–02:29:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:29:45] Speaker 18

Okay. That's what I need. Thanks.

[02:29:53] Speaker 1

Okay. Anybody else? Okay. Is there any discussion among the board? Okay. I think this one's pretty good. If I can go ahead and get a motion to approve. I'll bring it up even though

[02:30:14] Speaker 1 · Machine re-recognized

it

Flag: words were replaced by a machine repair · 02:30:14–02:30:14 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:30:14] Speaker 1

was quick

[02:30:16] Speaker 11

earlier. So I apologize. Go ahead. I'd like to make a motion that we approve. What's the staff is recommending. Okay.

[02:30:27] Speaker 1 + overlapping voice

Second.

[02:30:28] Speaker 1 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:30:28–02:30:29 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:30:29] Speaker 1 + overlapping voice · overlapping voices

All in favor. Aye. Any opposed? Ayes have it. Motion approved. All right. All right. Item C. 63 Mulberry Street.

[02:30:41] Speaker 6

Yes.

[02:30:42] Attribution uncertain

This

[02:30:42] Speaker 6

is a similar issue as before where we have an inconsistency with the zoning map and ‸ the future land use map. This is a PZ item 23-021-00001 and its ordinance 042023. This is an applicant request to change the zoning of a parcel. It's at 63 Mulberry Street from core commercial to multifamily residential 225.

[02:31:10] Speaker 6 · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 02:31:10–02:31:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:31:17] Speaker 6

commercial.

[02:31:18] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:31:18–02:31:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:31:22] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:31:22–02:31:26 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:31:26] Speaker 6

One note here. This is

[02:31:29] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:31:29–02:31:33 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:31:34] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:31:34–02:31:38 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:31:38] Speaker 6

and ‸ multifamily.

[02:31:40] Speaker 6 · Unclear audio

[unclear audio — 0:05]

Flag: a language review questioned the wording · 02:31:40–02:31:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:31:45] Speaker 6

terms of the width in the area. So it would have to be a single-family home based on those requirements ‸ unless some type of waiver or variance was applied to here. So here's the subject property. As you can see, it's core commercial.

[02:32:01] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:32:01–02:32:05 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:32:05] Speaker 6

color. Future land use, it's ‸ already high density residential. You can see ‸ it's surrounded by high density residential already. So once again, this is ‸ really a conflict that needs to be corrected in order ‸ to really approve any type of development that would occur here. So our recommendation is to recommend approval to

[02:32:30] Speaker 6 · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:32:30–02:32:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:32:34] Speaker 1

Can you go back just a couple ‸ slides? Okay.

[02:32:39] Speaker 1 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:32:39–02:32:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:32:40] Speaker 2 · Unclear audio

[unclear audio — 0:01]

[02:32:41] Speaker 1

So this is the subject property. And then just according to the map, just

[02:32:49] Speaker 1 · Machine re-recognized

called

Flag: words were replaced by a machine repair · 02:32:49–02:32:50 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:32:50] Speaker 1

no direction here.

[02:32:51] Speaker 1 · Unclear audio

[unclear audio — 0:08]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:32:51–02:32:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:32:59] Speaker 1

So would that not

[02:33:00] Speaker 1 · Unclear audio

[unclear audio — 0:02]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:33:00–02:33:02 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:33:05] Speaker 6 + overlapping voice · overlapping voices

So these are just map lines from the appraiser. Okay. They tend to be pretty far off for whatever reason. Okay. There's no encroachment over a lot of lines. Okay.

[02:33:16] Attribution uncertain

Just

[02:33:16] Speaker 6

make sure.

[02:33:17] Speaker 1 + overlapping voice · overlapping voices

Okay. Good question. All right. I just want to make sure that we're not splitting the building down the middle here. All right.

[02:33:26] Speaker 6

And I believe the applicant is ‸ here if you have any questions or concerns related to it. Okay. Was there any comment from the board? Okay.

[02:33:39] Speaker 13

I have no comment.

[02:33:40] Attribution uncertain · Unclear audio

[unclear audio]

Flag: a language review questioned the wording · 02:33:40–02:33:42 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:33:40] Speaker 13 · Unclear audio

[unclear audio — 0:02]

[02:33:42] Speaker 13

Okay.

[02:33:43] Speaker 11 + overlapping voice · overlapping voices

‸ Well, how are you going to do that? I'd

[02:33:47] Speaker 1 + overlapping voice · overlapping voices

like to know. I mean, you saw what we dealt with in the first comment. Yeah. I mean,

[02:33:53] Speaker 13 + overlapping voice · overlapping voices

I'll do a little, you know, compared

[02:33:55] Speaker 2 + overlapping voice

to what you had.

[02:33:56] Speaker 2 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:33:56–02:33:57 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:33:58] Speaker 1

Okay. Yeah. Okay. So if there's no discussion, kind of go ahead and get a vote to approve as presented. Motion to approve.

[02:34:10] Speaker 5

Sorry. We have to open it up to the public because there are at

[02:34:13] Attribution uncertain

least

[02:34:13] Speaker 5 + overlapping voice · overlapping voices

somebody else. Oh, did you? I'm sorry. If I find this in, I apologize.

[02:34:19] Speaker 1 + overlapping voice · overlapping voices

Ma'am, do you have anything? Okay.

[02:34:23] Speaker 5

Thank you. I apologize.

[02:34:25] Speaker 1

It's all right.

[02:34:26] Speaker 14

All right. Back to my motion to approve.

[02:34:29] Speaker 1

Second.

[02:34:30] Speaker 14

Second. Okay. All

[02:34:31] Speaker 1

in favor? Aye. Any opposed?

[02:34:33] Attribution uncertain

Any

[02:34:33] No voice detected

opposed?

[02:34:37] Speaker 1

Okay. Motion approved.

[02:34:41] Attribution uncertain

All

[02:34:41] Speaker 1

right. Item D. Thank you. Welcome. Well done.

[02:34:46] Speaker 6

All right.

[02:34:46] Attribution uncertain

Uh,

[02:34:47] Speaker 6 + overlapping voice

last item for the night.

[02:34:48] Speaker 6 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:34:48–02:34:52 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:34:52] Speaker 6 + overlapping voice · overlapping voices

And this is why we don't table things,

[02:34:54] Speaker 1

Alex.

[02:34:55] Speaker 1 · Unclear audio

[unclear audio — 0:04]

Flag: the recognizer flagged its own output; a language review questioned the wording · 02:34:55–02:34:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:35:00] Speaker 1 · Unclear audio

[unclear audio — 0:02]

Flag: the recognizer flagged its own output · 02:35:00–02:35:02 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:35:02] Speaker 1 · Unclear audio

[unclear audio — 0:01]

Flag: the recognizer flagged its own output; a language review questioned the wording · 02:35:02–02:35:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:35:04] No voice detected · Unclear audio

[unclear audio]

[02:35:05] Speaker 6 · Unclear audio

[unclear audio — 0:01]

[02:35:06] Attribution uncertain · Unclear audio

[unclear audio]

Flag: a language review questioned the wording · 02:35:06–02:35:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:35:06] Speaker 6 · Unclear audio

[unclear audio — 0:05]

[02:35:11] Speaker 6

entire ordinance. I just wanted to address the reasoning for, for tabling it, which was to provide a definition for a gym and fitness facility. Uh, we've provided that. We, we feel like it's a, it's a pretty good definition. Um, so we've, we've defined that as a privately owned indoor establishment offering individuals or groups the ability to engage in exercise or sport related activities for the purpose of physical fitness, health, and recreation, whether or not on a membership basis. This use may include indoor gymnasiums, gymnastics centers, dojos, exercise, or dance studios, yoga studios, or similar facilities where individuals may engage in regular physical activities, including exercise, sports, or recreation. This use may also include incidental accessory uses such as food and beverage sales, game courts, locker rooms, training facilities, and or saunas. This term does not include indoor playgrounds or play areas primarily designed for children. Um, so that, that's the definition we're proposing in here. Uh,

[02:36:15] Speaker 6 · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 02:36:15–02:36:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:36:17] Speaker 6

important to have defined uses. Um, so this, this does define that a little bit better.

[02:36:23] Speaker 6 · Unclear audio

[unclear audio — 0:07]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:36:23–02:36:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:36:30] Speaker 6

are only allowed in two zoning categories within the city, the central business area and the urban mixed use. Uh, I don't believe we have any urban mixed use areas within the city. So, theoretically, you could say they're only allowed in a small area of Cocoa Village. Um, we know there's more than, there's more than, um, there's a number of gym and facilities around the city that are already operating.

[02:36:55] Speaker 6 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:36:55–02:36:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:36:59] Speaker 6

to, to allow gym and facilities within other zoning categories. And we applied the definition. We've also included, um, size requirements based on the zoning district it's in, um, whether or not it needs a special exception based on the size of the facility as well.

[02:37:18] Speaker 2

Yeah. Most high rise condos. You know, like only under point others have fitness facilities.

[02:37:25] Speaker 6

That's correct. I believe a number of shopping plazas typically have them as well. And currently, at least in the shopping plazas that that's not allowed, they, they would be operating, uh, illegally, um, within a, within a multifamily area or a condo that, that would probably be an ancillary type use, um, but it is a good point that there are gym and fitness facilities in a number of places around the city. Um, so ‸ we do recommend that, uh, the board recommends approval to, uh, ordinance 02-2023 to the city council.

[02:37:59] Speaker 1

Okay. Um, is there any discussion, any comments to be made?

[02:38:05] Speaker 12 · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:38:05–02:38:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:38:06] Speaker 1 + overlapping voice · overlapping voices

I believe it's martial arts, martial arts, any type of, uh. Um,

[02:38:11] Attribution uncertain

self

[02:38:11] Speaker 1

defense type. Um, the only thing I would probably state to add to the text, um, any and all other types of uses, um, be strictly prohibited. Okay. Um, that way there's no gray area. It's what we stayed that way. We don't have the case we had tonight. Whereas, well, it said

[02:38:40] Speaker 1 · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 02:38:40–02:38:47 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:38:49] Speaker 1

I don't need, we don't need to further down that road,

[02:38:52] Speaker 6

but. And just on, on that particular topic, we do address that within the city code. Okay. Um, in terms of adult entertainment and things like that. So, so that, that couldn't fall in here. Um, I think that's a, a pretty simple text change that we could probably look at. Um, ‸ and I don't know if that, if that's an issue for you all to, to bring it to council with that amendment.

[02:39:16] Speaker 5 + overlapping voice

Yeah, I'm, I'm just want to clarify. So

[02:39:18] Speaker 5 + overlapping voice · Machine re-recognized

that

Flag: words were replaced by a machine repair · 02:39:18–02:39:18 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:39:19] Speaker 5 + overlapping voice · overlapping voices

you want that to, to be in the definition or because typically we have already in the zoning code under every zoning district, it will say, um, all uses not expressly allowed herein are prohibited. So I just want ‸ to make sure I understand. No,

[02:39:38] Speaker 1

you're good.

[02:39:39] Speaker 5 + overlapping voice · overlapping voices

Okay. All right.

[02:39:41] Speaker 1 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:39:41–02:39:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:39:46] Speaker 1

this is from last, last month.

[02:39:48] Speaker 1 · Unclear audio

[unclear audio — 0:05]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:39:48–02:39:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:39:54] Speaker 1

Correct.

[02:39:55] Speaker 5 + overlapping voice · overlapping voices

Right. To a number, right. A number of different zoning districts and, and they are all set out in, in a similar fashion where you have permitted uses, special exception uses, and then it says, says prohibited uses. Right. And they, you know, generally all say anything not expressly per, you know, stated herein is prohibited. Okay.

[02:40:19] Speaker 1

I just wanted to make sure that at least that text was added in the addendum to what we're adding.

[02:40:25] Speaker 1 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:40:25–02:40:29 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:40:29] Speaker 1

to define the gym.

[02:40:30] Attribution uncertain

What

[02:40:30] Speaker 1

a personal fitness facility was so, um, okay. Is there any more discussion? No. Okay.

[02:40:41] Attribution uncertain

Um,

[02:40:42] Speaker 1

I can have a motion to approve.

[02:40:46] Speaker 13

Motion to approve the ordinance as written by staff.

[02:40:48] Speaker 1

Um, actually, um, did you have any comments?

[02:40:52] No voice detected

Okay.

[02:40:54] Speaker 13 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:40:54–02:40:56 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:40:55] Speaker 1 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

[02:40:56] Speaker 1 + overlapping voice

Second. All right. All in favor of approving. Aye. Are there any opposed? None heard. Okay. Motion is passed. Okay. Item number five. Um, other than the open, um, planning and zoning board open discussion, which I'm going to do here in a quick second.

[02:41:18] Attribution uncertain · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:41:18–02:41:23 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:41:19] Speaker 1 + overlapping voice · Unclear audio

[unclear audio — 0:04]

[02:41:23] Speaker 1 + overlapping voice · overlapping voices

Do we have any information on that from the two, um, items we, I

[02:41:29] Speaker 11 + overlapping voice · overlapping voices

have some information. I was going to bring that up during open discussion. Okay,

[02:41:32] Speaker 1 + overlapping voice · overlapping voices

go ahead.

[02:41:33] Speaker 11 + overlapping voice

I noticed that the tree, um, update is missing on.

[02:41:37] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

Flag: the machine readings disagree here · 02:41:37–02:41:37 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:41:37] Speaker 11 + overlapping voice

I didn't want to bother wasting time when we were approving the agenda, but that should also be on there every month. Well, every time we meet, because that's, that's something that we now are as a tree board USA, and we really need to make that available, whether we have something to discuss or not.

[02:41:56] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:41:56–02:42:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:41:57] Speaker 12 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

[02:42:00] Speaker 12 + overlapping voice · overlapping voices

uh, it's

[02:42:01] Speaker 11 + overlapping voice · overlapping voices

always new. Oh,

[02:42:02] Speaker 12 + overlapping voice · overlapping voices

that's why

[02:42:03] Speaker 11 + overlapping voice · overlapping voices

it's an item there where you can provide, uh, issues that come up from the,

[02:42:09] Attribution uncertain

um,

[02:42:10] Speaker 12

every meeting.

[02:42:11] Speaker 11

Right.

[02:42:11] Speaker 12 + overlapping voice · overlapping voices

Okay. Yeah.

[02:42:12] Speaker 11

But, um, can I continue, Mr. Chair? Sure.

[02:42:16] Attribution uncertain

Um,

[02:42:17] Speaker 11

I met with, uh, Mr. Smith, uh, in reference to the trees that, uh, we voted on and there's something new, uh, that is only ‸ a year or so old, I think, or maybe a little longer.

[02:42:32] Speaker 11 · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:42:32–02:42:36 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:42:36] Speaker 11

I think the Florida statutes require them to be licensed and certified. Is that what you had told me? Did I get it wrong?

[02:42:42] Speaker 11 · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 02:42:42–02:42:43 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:42:43] Speaker 6 · Unclear audio

[unclear audio]

[02:42:44] Speaker 6

we have a license.

[02:42:45] Speaker 11 + overlapping voice · overlapping voices

I know that.

[02:42:46] Attribution uncertain · Unclear audio

[unclear audio]

Flag: the recognizer flagged its own output · 02:42:46–02:42:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:42:46] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

[02:42:47] Attribution uncertain

But

[02:42:47] Speaker 11

that's something that is now required only recently by the state.

[02:42:51] Speaker 6 + overlapping voice · overlapping voices

No, within, within our code. Oh, your code. Well, it's

[02:42:57] Speaker 1 + overlapping voice · overlapping voices

all of our code, right?

[02:42:58] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

Flag: a language review questioned the wording · 02:42:58–02:43:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:43:00] Speaker 6 + overlapping voice

um, when we're recommending the removal of an oak tree on public property, uh, it has, we have to have a, a certified arborist report with it.

[02:43:10] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:43:10–02:43:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:43:11] Speaker 6 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

Flag: a language review questioned the wording · 02:43:11–02:43:12 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:43:11] Speaker 11 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

[02:43:12] Speaker 11 + overlapping voice

past, we didn't have that.

[02:43:13] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:43:13–02:43:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:43:17] Speaker 11 + overlapping voice

This is only new in the recent year or so. And I'm glad to hear that because the past people that worked as an arborist, they really just had the license. They weren't certified. And I wanted the board to understand that because when this was brought before the board, I was still under the opinion that the city did not have a

[02:43:38] Speaker 11 + overlapping voice · Machine re-recognized

licensed

Flag: words were replaced by a machine repair · 02:43:38–02:43:39 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:43:39] Speaker 11 + overlapping voice

certified arborist. And we do that now it's, it's sort of a, a new requirement. And, um, I'll give you another example. There were two or three trees that were removed, uh, before we became a, uh, tree city USA. And that's what created the need to bring it back because

[02:43:58] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:08]

Flag: a language review questioned the wording · 02:43:58–02:44:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:44:06] Speaker 11 + overlapping voice

now admitted publicly. He did not like Oak trees and they were a lot removed. And that's how I got involved. The other thing I wanted to share with you, the trees that we were looking at, there are two types of Oak trees, the Laurel Oaks. And I can tell you all now, they only live to be 40, 50, maybe ‸ 70 years old. All the trees that are at the college, they're Laurel Oaks. And we're going to be losing them. And we've already lost a lot of them there only because they rot after they're 50, 60, 70.

[02:44:46] Speaker 11 + overlapping voice · Unclear audio

[unclear audio]

Flag: the machine readings disagree here · 02:44:46–02:44:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:44:46] Speaker 11 + overlapping voice

the reason a lot of people like them, they grow fast, they beautiful canopy, but they don't last.

[02:44:54] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 02:44:54–02:44:57 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:44:57] Speaker 11 + overlapping voice

So I'm more concerned about those. And what I'd like to do from here on out that if there's a tree, Oak tree that needs to be removed, like what we've already had experience on, please

[02:45:10] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:45:10–02:45:13 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:45:14] Speaker 11 + overlapping voice · overlapping voices

There's a big difference there because I went and took a picture of the one that they were removing and a very nice fella that was there. And, and I noticed the stump. It did have a rot core in it. And that's when I asked,

[02:45:34] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 02:45:34–02:45:36 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:45:36] Speaker 11 + overlapping voice

And that's when I found out it was a Laurel.

[02:45:40] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:45:40–02:45:44 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:45:44] Speaker 11 + overlapping voice

And I kind of think there was something. Uh, it left me. I got too much of my brain from this first item that we had presented. If I think about it later, I'll bring it up.

[02:45:57] Speaker 1 · Unclear audio

[unclear audio — 0:03]

Flag: words only one machine reading has (possibly not said); a language review questioned the wording · 02:45:57–02:46:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:46:00] Speaker 1

anybody else?

[02:46:03] Speaker 1 · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:46:03–02:46:04 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:46:05] Speaker 1

For discussion. Yeah.

[02:46:07] Speaker 13

Yeah. Just, uh,

[02:46:08] Attribution uncertain

and

[02:46:08] Speaker 13

to those who, uh,

[02:46:11] Speaker 13 · Unclear audio

[unclear audio]

Flag: a possible machine repair could not be placed · 02:46:11–02:46:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:46:11] Speaker 13

the agreement with, with Brian, I think that, right. The, the, the purpose is if we were to all deny, we would have had to have legal standing to deny what Brian was saying. Is that not what we ‸ got trained on kind of a thing we'd have to have a reason for denying our agreement or disagreement with Brian's.

[02:46:26] Speaker 13 · Unclear audio

[unclear audio]

Flag: a language review questioned the wording · 02:46:26–02:46:29 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:46:26] Speaker 14 · Unclear audio

[unclear audio]

[02:46:26] Speaker 13 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

[02:46:27] Speaker 14 · Unclear audio

[unclear audio — 0:01]

[02:46:27] Speaker 13 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:02]

[02:46:30] Speaker 13 + overlapping voice

I mean, I felt bad for them. That's what I'm saying.

[02:46:33] Speaker 13 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 02:46:33–02:46:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:46:36] Speaker 13 + overlapping voice

I agree that yeah, it, it definitely, we, we call out self storage and then just like

[02:46:42] Speaker 13 + overlapping voice · Machine re-recognized

that line. And it

Flag: words were replaced by a machine repair · 02:46:42–02:46:42 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:46:43] Speaker 13 + overlapping voice · overlapping voices

says, if we don't call it out, we can't have it. It doesn't call it out. So you can't have it right or wrong. Good or bad. Something we can definitely look at fixing later on. But, uh, it was, it was kind of like the way I saw it. That doesn't mean everyone has to see the same way, but I'm saying if we were to have gone the other way with that, we had had similar training on that method. Would it be had to be like, because we say no, because we feel bad for them. Or we say no, because we see that storage facilities. It would have

[02:47:07] Speaker 1 + overlapping voice · overlapping voices

had to legal.

[02:47:08] Attribution uncertain

We

[02:47:08] Speaker 1 + overlapping voice · overlapping voices

would have had to present. That's what I'm just making sure that that's what I thought we that's the way we interpret the, the, the, the, that's what we have.

[02:47:16] Attribution uncertain

Or

[02:47:16] Speaker 1 + overlapping voice · overlapping voices

it's a

[02:47:16] Speaker 2

difficult call. I think we have to be careful when we use the word interpretation.

[02:47:21] Speaker 17

Yes,

[02:47:22] Speaker 2 + overlapping voice

because interpretation means you can go one way or the other.

[02:47:26] Speaker 2 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:47:26–02:47:29 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:47:29] Speaker 2 + overlapping voice · Unclear audio

[unclear audio — 0:06]

Flag: a language review questioned the wording · 02:47:29–02:47:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:47:35] Speaker 2 + overlapping voice

can have differing opinions.

[02:47:38] Speaker 13

Yeah.

[02:47:39] Speaker 2 + overlapping voice · overlapping voices

Well, also we can't have, but based on our feelings.

[02:47:42] Speaker 11 + overlapping voice · overlapping voices

No, that's why I brought it up. I just want to talk about that. That's another thing that was a issue some time ago, but it's strictly by what the codes say.

[02:47:51] Speaker 11 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: a language review questioned the wording · 02:47:51–02:47:56 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:47:53] Speaker 17 · Unclear audio

[unclear audio — 0:04]

[02:47:56] Speaker 17

stated a denial based off

[02:47:59] Speaker 13 + overlapping voice · overlapping voices

of,

[02:48:00] Speaker 17 + overlapping voice

and I wrote it down to deny the interpretation of staff based off the ambiguous of the text itself. So when you go back and you draw back to the defining definition of storage facility, it, it, it does, it's no codifier there and there's no clarifier there. So therefore, how can you proceed in something that does not have a true definition?

[02:48:23] Speaker 17 + overlapping voice · Unclear audio

[unclear audio — 0:07]

Flag: a language review questioned the wording · 02:48:23–02:48:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:48:30] Speaker 17 + overlapping voice

is intended to be than what is actually written. The only catch all phrase that's listed there could be employed in thought, but in theory, it was not applicable.

[02:48:42] Speaker 17 + overlapping voice · Unclear audio

[unclear audio — 0:03]

Flag: a language review questioned the wording · 02:48:42–02:48:44 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:48:44] Speaker 17 + overlapping voice · overlapping voices · Unclear audio

[unclear audio]

Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 02:48:44–02:48:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:48:45] Speaker 13 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:01]

[02:48:46] Speaker 13 + overlapping voice · overlapping voices

I appreciate the conversation. So that's it. Yeah. Yeah. Thank you for the conversation. Okay.

[02:48:53] Speaker 1

Anything else? Everybody good? ‸ Okay. Heck yeah. Okay.

[02:49:00] Speaker 2

Yeah.

[02:49:01] Speaker 1 + overlapping voice

We're just up

[02:49:02] Speaker 1 + overlapping voice · Unclear audio

[unclear audio — 0:06]

Flag: numbers, amounts, negation or names differ between the machine readings · 02:49:02–02:49:08 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:49:08] Speaker 1 + overlapping voice

We have discussions. We are here to discuss.

[02:49:12] Speaker 1 + overlapping voice · overlapping voices · Unclear audio

[unclear audio — 0:04]

Flag: a language review questioned the wording · 02:49:12–02:49:16 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:49:16] Speaker 1 + overlapping voice · overlapping voices

motion to adjourn. So move to adjourn. Yeah. Okay.

[02:49:20] Speaker 2

Second.

[02:49:20] Speaker 1 + overlapping voice · overlapping voices

Awesome. All in favor. Aye. I'll have a great night.

[02:49:25] Speaker 1 + overlapping voice · Unclear audio

[unclear audio — 0:01]

Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:49:25–02:49:29 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:49:27] Speaker 11 · Unclear audio

[unclear audio — 0:02]

Planning & Zoning Regular Meeting

The City's record

What the City's record shows

Agenda (the City's wording)

Transcript Partial transcript

Ask about this meeting