City Council

>> Welcome to the city of Petersburg City Council meeting you're elected officials are mayor Rick kriseman. District one chair Turley 30 days and district 2 Randy Gabbert district 3 Council vice chair Ed Martin narey. The core now. Jean at risk all. District 7 Lisa Wheeler Bowman. And 18 posture. >> Getting 2/7/2019 meeting of the St. Petersburg City Council to order Mister Court we have a roll call please. Briscoe. Here are the Bowman. Foster. On to marry or price. Cornell years. >> Also member Foster's taking a well-deserved visit to her parents she won't be with us today so we wish or traced safe travels and enjoy the love and beauty a family so we're thinking about you council member Foster we're very fortunate this morning to be joined by Miss A 7 to ask and Ari who's a very involved member of the St. Petersburg by high East center. The bar high East center is very involved in the inner faith community in St. Petersburg so we're always pleased to have Miss Eskandar year. And if you know rise for indication and then remain standing for the pledge of allegiance please. I mean it's an honor being here thank you. >> Dow kind Lord. Dow's more generous and merciful. The are the servants of a threshold. I gathered to be moved these children shadow of the wind unity. This son of a mercy is shining upon all and the clouds of a bounty shower upon all. The idea that encompass all. By looking Providence sustains all. Di protection overshadows all. And the glances of a fever. I cast upon all. Grand dining infinite the storms. I lit the light of day guidance shine. Illuminate the all eyes. Lot and the hearts beat up lighting joy. Can fear in you spirit upon all people and this storm pond in eternal life. On lock the gates of true understanding and with the light of feet shy and resplendent. Gather all people be need the shadow of the bounty and cause been to unite in harmony. So that they May become as they raise of one song. As the days of one ocean. I was the fruit of one tree. Maybe a drink from the same fountain. Maybe a be refreshed by the scene breeze. Maybe they receive illumination from the same source of light. Dow are a giver the merciful Gandhi up with him. One nation under God in the visible that liberty and justice for all. Thank you very much. >> Colleagues we have an agenda cb 13 has been moved to report says the 3. The report on the cow is being deleted because there was no action taking him at taken at the committee of the whole and with those revisions I would entertain a motion to approve the main engine move approval. Thank Thank you. Mister Clark, we have a motion in a second to approve the main agenda. You could prepare the machine for voting. Council members if you don't you vote on the agenda police. Seeing that all present council members have voted Mr. Cork would you please tally and announce them. Agenda passed unanimously with council members. >> We have the consent agenda colleagues. Within 10 motion for approval of the consent agenda group rule. Mister To we do not have any cards. Thank you Mister Color. Mister Cook we have a motion a second to approve the consent agenda. You prepare the machine for voting. Colleagues if you would please any votes. Council members if you please on the votes. Seeing that all present council members voted Mister Clerk if you please tell announce the vote. The motion to approve the consent and that passes unanimously with Councilman Reposted being absent. >> Next is open just to share with you some Before we start how many cars do we have a score. 5 car to buy cards ok. I just want to share with you It's been my experience. When the bell rings and your time is up I've seen some. Disappointed faces are faces that look like really. If if you have something that you believe you know a lot of you in this is this is wonderful you prepare your remarks on the phone or written piece of paper and that's tremendous because you're prepared. If there's something that you really think is important the most important thing that you want to say. Police don't make it the last sentence for the last 2 sentences please put it in the middle or even at the beginning I just want to make sure that the very point of what you want to say and you want to nail it at the very end of your 3 minutes. When the microphone gets off you're going to be upset. I'm just asking you to consider put your important points in points that you want to hit us right in the forehead with please put it in the middle of the beginning so that we get it and I don't have to feel bad about cutting you off ok. Clerk if you'd call the first 2 names please. They didn't read instructions for open for sure thank you if you wish to address City Council on subjects other than public hearing are quite high. It is shines listen on the agenda. Please sign up with the clerk prior to the meeting only the individual wishing to speak May signed the open foreign sheet only city residents owners of property business owners in the city or their employees me speak. Issues discussed center open for must be limited to issues related to the city of Petersburg government. If you're speaking to an item on the agenda. You May only speak once during the open form when the item comes up on the agenda in order to provide an opportunity for all citizens should raise Council. Each individual will be given 3 minutes to speak and after which the microphones will be needed. We have 8 speakers and a call to names in a time. Hi Le roux tash in Frederick Miller. Either microphone, your choice. Microphones right there man. >> Okay hywood Bert Ashe and I'm calling about an issue that have called and e-mailed the back I have got no response from the city of Hull. On Sept. First 2018 I called and reported the race section. A brick sidewalk. On 4th Street South and First Avenue Saf new tower building. I fell on it causing severe injury to my face a black eye bleeding hands, sprained right wrist and right knee. It took months to heal. I have the messages about repairing the sidewalk every month since September and emails and I have never received a reply. No repairs have been done and the hasn't even been anything since the little Cone on the sidewalk to indicate that this was a a treacherous some and that was taken away. >> What if the mayor just heard everything you said, and I'm sure I'm sure the deputy mayor will make sure it gets taken care of well hasn't been taken care of since penned the first. Thank you. My name is Fred Miller, I've lived in St. Petersburg for 60 years I thought I did the right thing I went to college at usf I graduated cloudy and engineering. I worked at Honeywell and I'm looking forward to a nice retirement, but I can't have that because the quality of my life has deteriorated tremendously in this city. I have a labor ready place not far on one side of the and have a drug dealer next or to me on the East Side he's been doing dealings of drugs for 8 to 10 years there. What because his mother lives there he would come over to do that now he lives there and I get constant people coming and going drug dealers coming and if I have any confrontation with them that they're yelling out they threatened me. I catch you out on the street I'm going to get you another hurt you. And I've contacted the police numerous times and all I get is lip service from the Police Department and that's been going on for 8 years now with lip service from the place, I've tried contact Amy Foster for about 4 years now never got a call back until the last few months when she haven't is as an assistant who's called me, I've tried to meet with mayor kriseman for 45 years that's not happened I've been trying to meet with Anthony Holloway that's not happening. All this city is interested in doing is building tall buildings and putting up silly sculptures. I could go down there and put up some sheets I wouldn't charge of more than $10,000 and at least it would be productive for that certainly sculpture so I have to say the quality of life in this city is not defined by the number of tall buildings and silly sculptures. We have please look at the infrastructure of what's going on take care of putting money instead of spending 300,000 toward this la sculpture why can't I get help from the police when I had an important items stolen from my front yard several weeks ago. They didn't even want to have the police come out I asked them to check for fingerprints and something that was move they said that would cost too much money and even though it was important to me the item or stolen, it's going to cost $800 to replace. They didn't think it was worth bothering with taking fingerprints. So I'm getting nowhere with this city I pay taxes I have for many years please somebody help me. There was the address of the alleged drug dealer 2, 1, 6, 0, 25th Avenue nor his name is Jimmy Ferguson, he's been a well known drug dealer I was told quite a few years ago that you're not going to get any help with the city on him I just asked for the address think okay, what please can we get any help I asked for the I just thank you. Gary Burton in Beth Connor. >> Mister Burton it's a pleasure to have you here this morning, good morning. Um I don't know. Mister Burton is the new County administrator for Pinellas County Florida. So welcome it's an honor to have year. Very nice to meet you thank you for being here that's reason I stopped down I wanted to introduce myself I'm I've been here for approximately 3 months. Spent a lot of money here in St. But I'm really enjoying look forward to continuing to partner with you to make all of Pinellas County great including St. Petersburg I just wanted to introduce myself to counsel offer that if you need me and you want to talk to me please feel free I would love to you know meet with you individually work with you and not just look for to the partnership. We did too and thank you for taking the initiative to come yourself. Colleagues Mister Berg was uninvited he came on his own to introduce himself. I did in the last 3 or 4 months that that you. 3 3 So so it better than very active. I've seen you in a lot of things that I very much appreciate it if you get there car and we want to be the best partners you've ever had and we do too. Thank you look forward to working with and we have a lot of a lot of things to work on just really look forward to a partnership have a great day. Thank you so much for being here. Thank you for coming in. >> My name is Beth Connor and I speak for the trees. I would also like to say that I will stand behind everything these 4. We'll say behind me. I'm glad you major statement Charlie because what I'm going to say is I am very very pleased about what came out of the hearse committee last month and the report that administration gave about the commitment for another arborist hopefully urban Forester for the city. Urban reforestation is imperative for our quality of life and it's going to be spoken about by people behind me. But I'm here to tell you that I am going to put my name forward for the city beautiful Commission because I believe that this body has more to give and more opportunities for citizens to partner with you bringing the community forward and we have some really great ideas about citizen involvement and how to move us way forward because we have I'm a long way to go. And so this is this is really a great day and it's a great body that you sit on an administration that gets it. We just really need more gas. And so in your budgeting process I would like you hear hear us. We would like you to to to read the action plans that we're going to bring forward. We want the the city to reflect our values, the community values and the city values we speak about this a lot we speak about it. At election time we speak about it. Forms podiums but it's where the rubber meets the road. And so one of the most important things I I would like to see the city do is to think about trees in every decision in every department every time. It is as important as health and. And affordable housing and every committee that we have because trees give back to us with the smallest of investment. Police think of that it's not just that will tree-huggers we are financial conservatives as well we want the budget to be used for things that are imperative these things are since she. And it's not just you know what we've got road planting going on we got things like that, but we need the science to know what we've lost what we have and what we need to put forward and you guys have the power to do that. You have the brain power. You have the will and you have the spirit and thank you to the administration and thank you to deputy to American Nick of Tom one. Yet the Herald sun and Lucy trimarco. I'm Cathy harrellson I speak for the trees. >> As you know the Petersburg sustainability Council and many other activists partners have advocated for tree and truck and the protection and revitalization for many years. Your office and the office of the City Council. Your office I was thinking I was speaking to the mayor never mind anyway you. The office of the City Council is in receipt of numerous letters white papers and recommendations from the sps East since 36. We know that trees benefit community health energy savings crime reduction property values, wildlife diversity Seo to sequestration and of course storm water uptake of a certainly a vital issue in this community. We learned recently that the Hearst committee put forward the hiring of an urban Forester who will be potentially reporting to parks and rec and we think the hirings is great news. Just like to say that I hope that that is not going to be silent. Parks and rec is doing an amazing amazing job, but we see urban reforestation is just that it's the entire urban landscape, it's not just parks and rec. We see that pretty much every single move that is made in the city every development. Every proposed addition or upgrade to infrastructure. Every energy and water strategy and every other move the city makes should first address the trees that are impacted. We need to know what we lose if we choose to ignore them. And what we came from the preservation and regrowth and I would also like to say that many many times I've brought forward the idea with and a number of you with sustainability office that we need a citizens Advisory Council on trees. So in case are still any doubt remaining. We hereby request development of a tree Advisory Council whether under the. It's a con city beautiful Commission it's like being in the 1950's. Under the cbc or stand alone where city personnel and appointed volunteer citizens provide guidance and expertise to the city and the community regarding St. Petersburg committed urban reforestation project and along those lines I will be submitting my requests to be appointed to the cbc. Thanks so much. Good morning City Council I'm Lucy trimarco and share a French President Lake. And I'm speaking for trees. Talking about a sense of place including place attachment. Place meanings can help people. Appreciate aspects of cities. A place May also Condor emotions about the wants of the community and home juxtaposed with the stress of urban living. Trees give the city a sense of place whether it's New York City's hanging down in Washington Park that tells the story of hangings of traitors during the American Revolution or a tree in someone's backyard where a wedding has taken place. The St. Petersburg. Sustainability Council published the legendary trees of St. Petersburg for the 2017 calendar. And I'm working on this project, the whole community. The city came together. The museum's Museum of history Kona neighborhoods, the native plant society. City Council members. Green bench monthly published. Kathy has it. The church is that the story about it on their publication. People sent in pictures of trees and the legends of those trees and some of them include the Babe Ruth tree in district one. The k pop tree downtown. Winters Pathfinder live oak, the Virginia Sussman Murphy Memorial tree passage in a elementary. The Brittany Gordon Memorial oak and the American Liberty out at don't homes Park. The Charlie tree and Rosa parks, the mangroves a bird Island that narrowly escape development but for the community coming forward the can point Hill the jacaranda is of historic Kenwood planted by the early St. Petersburg gun club. You probably have your own legendary treat it comes to mind right now. She said the same yes. The streets are not isolated stories. They are part of our history shared by the community. They are part of our sense of place. The nature of the city the way we perceive places such as streets neighborhoods influence our well-being how we describe and interact with the place. What we value in a place. Our respect for ecosystems and other species. How we perceive the foreign says of a place or desire to build more sustainable and just urban communities and how we choose to improve cities. Our sense of place also reflects our historical and experiential knowledge of the place and helps us imagine a more sustainable future. Thank you very much. Thank you. >> I know 2 speakers for back or fall can bury and Laurie macdonald. >> Good morning. Rebecca Paul can bury 3 oh one 2nd Street North just a couple of blocks away. I own my home downtown sent 2000 and I've seen a lot of changes, many of them great some not so great. I'm speaking today has a background that I used to teach urban environmental issues on the university level and I was part of the working group that put together the current 3 in landscaping ordinance but I'm willing to bet every one of you that there is a huge net laws in our urban tree canopy since I've lived here. It is exhilarated exponentially in the last couple of years. And large trees are coming down for many reasons some yes, they're old and dying. Some are being groomed improperly which basically kills the tree. We're having more frequent and stronger storms and we have a lot of to be lost and those that you remember all the brush piles. So he's doing an infrastructure projects damage and take down trees in many neighborhoods like North these dogs out these things straight. Homes are taken down the lobsters grape, which means many trees come down and then the mega mansions have built a the lot line with very little room for between replacement. The city itself takes down trees when we bill new tennis courts. Bob feels and particularly in the pair project I am appalled at how many large old trees have come down as we up Lynn land. That development and the city was unbelievably bad portrays the Department of development gives the right for a developer to take an entire block and not just scrape every living thing but they said great to the curb. But take down every Street 3 which are usually old. Cherry trees. So my feeling is that there are several things we can do and we can do them quickly. I see you have a minute. Make the ointment stronger hire more staff in the urban foresters arborist create that urban tree department more coordination between all city departments as to the loss of praise, better enforcement of the existing ordinance more public education and outrage. More citizen and neighborhood involvement to development projects and making to raise an important part of all decisions on the part of the city whether it's a City Council that Dr. Soon but at the scene make many decisions that take down every tree on a lot and replanting aggressively in every neighborhood on public and private property. I want to see Saint Pete live up to a designation of being a 20 city usa. Thank you very much. My name is Lori and with my colleagues and the law works I speak for the trees. I love that one of and Laurie macdonald I live at one oh 3 wild wood Lane. What a great Street name while the. You'll see other handed out and become an educational piece the more that we understand both c the simplicity of of. And protecting our trees and the complexity. The science, the economic value, protecting our trees. The better I'm more improved our tree program will be in Saint Pete, so. So pieces like this that we give to the citizenry would be very helpful is just one example and I want to go through it a bit to talk about the value of trees, you'll see on the first on this handout which says the top 22 benefits of trees, that's the top 22. I thought there are more than 22 benefits of trees but begins with combating climate change cleaning air, providing oxygen. Cooling streets in cities. Conserving energy, saving water, helping prevent water pollution. Preventing soil erosion. It goes on to speak about the the food that trees provide the habitat for wildlife. The economic value of trees when trees light shade trees line our streets and encourages people to walk in those areas and that's encouraging them to use businesses along the sides of the street that had she treats the increase property values and on and on the value of trees. We would be clad. We look forward to working with you on providing more information about things like economic values and trees which have been estimated by Congress to work and ecological system field. The ecological services field I should say. Again I I support the. Nomination of my friends and colleagues here who have asked to be on the committee to improve our tree improvement. I bring to one last thing which poem that we have in our the memorial garden in drift to it which says like he's Oaks our roots run deep. And shelter all who live beneath. Thank you very much. Thank you. I'd like to think our citizens who came forward to advocate for trees. Thank you for your work, thank you thank you bass in Kathy who are. I'm going to put your names in for the city beautiful Commission we have 4 vacancies on that committee. So this is a great opportunity to be part of partnering with the city to strengthen our tree ordinances. And I for 01:00am looking forward to working with all of you on the excellent idea of creating a citizens advisory committee. Whether it happens under cbc are independently. We can figure that out but I know I talked to all kinds of people across the city who are very interested in getting involved. We have a history of planting she started David Fisher and we could revisit that heritage with a modern twist because now we have gps we have all these ways to And software to know how to measure the urban canopy ways to mark off where the green trees are and site plans where volunteers can get involved and help us identify these trees in our community and we've really got people chomping at the bit to help out so thank you for being here. The Councilman Rice. >> we're going to move on to a section d of our agenda. We have a couple of first readings. Mister Clark, d one if you would read the ordinance took the title police. It's used can ordinance amending to future land use element. Ring it's a plan. The city of St. Petersburg Florida by changing them, changing the land use designation for portion of property generally bounded on 3 sides of 18th we North Wes 64th Avenue North 18th Street North East. 64th Avenue North. And then North. From institutional I to residential urban. Are you providing for repeal of conflicting ordinances and provisions 0 and providing in effect today. Mister Chair, the public hearing for the items on Feb. 21th, the euro 21st public hearing. The cards on the side of my identity in a motion to approve first reading to move the public hearing to Feb. 21th so moved. Second. Mr. Burke we have a motion in the second to approve first reading in to set the public hearing for Feb. 21th if you could prepare the machine for voting. Council members if you can please on your votes. Saying President Council members have voted Miss Clerk would you please tally in the mounts the vote. Motion to approve and deny them the one passes unanimously with council member. Foster being absent. In addition to that Mister There's a corresponding resolution to transmit. This is well so you would happen. Most for that. Jackie the resolution is separate in. You. >> First motion was related just to the first read right. >> a discussion on the one a resolution transmitting the proposed amendment from the city to the local government comprehensive plan. Thank you Mister Cook, we have motion a second to approve d of transmitting a resolution regarding the proposed amendment. You could prepare the machine for voting and e Mr. Clarke. Council members if you don't your votes on transmitting resolution. Thank you Mister Clerk seeing that all present council members have voted would you please tell an ounce the vote. Sure the motion to approve and deny them the 1, 8, Passes unanimously with council members last of being absent, thank you. Mister Clerk next item of businesses d 2. The first read in the first reading of an ordinance amending section 12.6 of the city code relating to fees charged for planning and development services. Mister Clark, if you could please read the title an ordinance amending section. Well that's 6 of the of the St. Petersburg city code relating to fees charged for planning and development versus providing in effect of date in the public here for this I'm also is on Feb. 21th as well. No cars ocean approval first reading setting of a public hearing. The mood. I can't. You have a motion a second to approve the 2 1st reading getting the public hearing date supercomputing please prepare the machine voting on the 2. Against chair of the cage. Mr Clarke saying present council members of the police telling announce the vote. The motion to approve agenda item d 2 passes unanimously with council member Foster. The absent. I think we have to do that you get to that. We'll move on to public hearings and we have a cause a judicial proceeding. Oh, I'm sorry council member ice sure that's the case. I just wanted to flag that when this comes back. More than I would like to meet with staff and speaking of trees. Talk about. Some of the permits for tree removal. Caught my eye I'd like to meet with staff I'm concerned that some of these fees around. Like to look at incentives for people not to remove trees, thank you. Thank you Councilman Race. >> They were going to move to a e want to cause a judicial proceeding. Anyone wishing to speak must fill out a yellow card present the card to the clerk all speakers must be sworn. Prior to presenting testimony. No cards May be submitted after the close of the public hearing. Each party and speaker is limited to the time limits. Set forth in the procedure I will tell you so you all know maybe you know this already but to remind you some speakers will have 10 minutes. Most speakers will have 3. And a lot of you were here earlier this morning and I just want to share with you something I think is meaningful you May not. You have 3 minutes most of you to talk. A lot of you have spent time preparing your remarks putting it on paper putting on your phone putting it on your ipad that's tremendous you're to be here to be applauded for being prepared and ready to go. Here's what I want to share with you. 3 minutes goes a lot faster than you think it does. Some of you May have practiced in front of the mirror. And you found out that 3 minutes goes a lot faster than you think it does. If you have something a sentence or 2 sentences or 3 sentences that you believe. Are the most important part of your 3 minutes. I suggest you put them in the middle or at the beginning. Because what's going to happen is your most important sentence or 2 is going to happen when the gun goes off. And you're going to look at me like come on man I only got one more sentence to go. Ok I don't want to cut you off. But in fairness in for due process reasons. There has to be equal time and equal cut off. For everybody so I want to make sure that if you believe in your particular presentation. There's a sentence that you think is the most meaningful important thing and you want to make sure you get it across put it in the beginning or the middle to make sure that we get it and you don't have to be upset with me for saying thank you police it down, okay. All right its speakers limited in time. You May not give your time you know any of you to watch c-span and you see guys and gal say I yield the balance of my time you get to that you get 3 minutes. You can pass along your last 30 seconds to somebody else ok. I want this to be meaningful. I want you to feel like you got to say what you wanted to say and that you would listen to that's important to us. That's the reason I'm taking these. Probably 6 minutes to say that. Mister Clerk if we can get on with the public hearing if there's any other rules or of things that need to be read. Jeremy of yes those of you that are going to say something and testify. Police stand up raise your right hand you need to be sworn. >> All started to snow and the during on this okay you start to finish. We have an initial patient from staff to morning. >> And this is the presentation regarding the appeal of the approval of case, 18. Dash 31 0, 0, 0, 16. Although I've had the opportunity to meet some of you I have not had the pleasure of meeting all of you. So by way of introduction I wanted to tell you a little about myself my name is Jennifer Brian Le. I'm the zoning official for the city and the manager of development review services, I've been a professional planner for 30 years. I hold a degree in architecture and landscape architecture and I have worked as a landscape architect urban designer land plan or an expert witness. I'm a member of the American Society of certified planners since 2006. And I thought the following represents my professional opinion. The case before you is this morning is an appeal of the development review commission's approval of the site plan. I'm first going to provide you with the brief overview of the downtown zoning districts and the development review process and I will go into the details of the appeal case. This map represents the dc districts or downtown center districts in the city. The intent of this these districts is the development regulations for the downtown require the base of all buildings to create and maintain a student like a fraying Street edge while allowing and encouraging law are larger and taller buildings to be constructed above the stepped back into the property. But by reinforcing Street edges providing active uses concealing parking areas and requiring streetscape improvements right by Brent activity will continue at the street This reinforces the unique pedestrian scale of downtown and the pedestrian scale is key is the key asset to downtown. The project is located in the dc one downtown center one zoning district which is in the dark off on this map. This stick district provides for intense mixed use development which creates strong mixture of uses that enhance and support the core. Office and other employment uses are highly encourage development in this district provides appropriate pedestrian amenities pedestrian linkages ground-level retail and cultural activities. The intensity and development in the downtown is based on the floor area ratio or f a r which is the proportion of the total building area to the La area. The project location to see one has a base of the 3 point o f a r and exceeding and up to and exceeding 7 was certain criteria being met. There is a 3 tier prop approval process in the downtown center districts. Each district has a base approval and development proposals May increase about that bass intensity by adding bonuses. The total if they are requested for this project determines whether the project can take advantage of a streamlined approval process or a public hearing approval pos process. Bonuses provide public amenities or on Medicaid secondary impacts these are the bonuses requested by the applicant applicant for a total of a 7 point o are within the allowances of the code. This is the middle tier and what is allowable in this district. When bonuses are requested increasing the size of the project the project becomes subject to 16 additional review criteria. In the stream wind review process, one staff determines that the application is complete and all the criteria have been clearly met the applicant then sends out notices surrounding property owners and a 3rd party May appeal. In this case staff could not say that they clearly met all 16 criteria. So it was our decision to send it to public hearing at drc. Now I'm going to evaluate the project being reviewed today and the specifics of the appeal. This shows the site at the corner of 3rd Avenue North in 5th Street North. The subject property, currently contains 7 apartment buildings and was built between 19 16 in 1921. Containing a total of 97 apartments. 4 of the 7 buildings are can city consider contributing to the downtown national registered district within 200 feet of the subject property there 12 contributing properties for potentially eligible structures and 3 local landmarks. This property was previously approved in 2005. For a 25 story mixed use building with a 196 swelling units. The proposed project shown here will consist of an 18 story you shaped hours sitting on top of a 3 story base. The first and second floors of the building along 3rd Avenue North and 5th Street North have been designed and redesigned to incorporate traditional urban design elements. The proposed design creates a 2 story base which is very typical of the buildings built in an urban setting in early in the 1920's. The 3rd floor of the building is set back from the abutting streets and incorporates the same design elements as the base of the building. The applicants have worked with the city's urban design a historic preservation division to ensure that the design of the proposed building was compatible with the abiding potentially eligible and locally designated landmarks. These are some views along the pedestrian room. After considering the information provided and testimony given the drc made a motion to approve the site plan with special conditions which passed unanimously by a vote of 7 to 0. This vote record is in your packet of information provided to it. The standard for review of the appeal is a de Novo which means the City Council May hear new evidence a substitute its judgment for that of the drc City Council May decide to retain eliminate or and any of the conditions of approval. The burden of proof for all appeals is on the appellant. The appellate has raised 11 main issues and 14 sub issues concerning the vision elements mission statements. Staff's analysis in response to these issues is addressed in your staff memo. I will briefly go through a few of these that in my opinion are the guiding principles of the city's planning Foundation. The land development regulations indicate in section 16.70 point o 4.1 subsection b that as part of the standards of are you interviewing for planning and zoning decisions that the deciding board shall consider whether the pros proposed amendment is consistent with and furthers the purpose of the land development regulations and other city ordinances and actions designed to implement the plan. The drc consider testimony from staff. The applicant, the registered opponent in public. And then discuss the criteria like weighing the criteria asking questions of staff before reaching their conclusion that the project met the criteria. When analyzing objective. The one from the 2020 comprehensive plan. One must look at 2 things the formulation of that isn't this in statement and the zoning district for which the proposed project is located in the vision statements in the 2020 plan were created by citizen delegates that look forward to the year 2020. The plan took a powerful new approach to planning the future based on an extensive public process. This effort resulted several mission statements and it's taken on the city this long to recognize and realize the vision of that 2020 plan. The proposed project has a future land use of central business district. This land use the last war mixture of higher intensity retail office industrial service residential uses up to a floor area ratio of 4. And then there's the ability to add additional bonuses. The project is also sits within in town activity center category which states that these areas are intended for concentrated commercial in mixed use enters suited to a more intensive, an integrated pattern of development. These categories are slated for intense development and the proposed project is consistent with that vision. The drc considered all of the information provided in the staff report information presented at the public hearing. They then way the criterion making a unanimous decision to approve the site plan with the recommended special conditions. So in summary our development review process in downtown is working as intended in the vision 2020 plan. We have a heightened review for more intensive projects where bonuses are requested public input in testimony have provided meaningful contribution to this project and the developers make changes in response to concerns expressed including architectural compatibility scale inappropriate buffering in scale and screaming. Staff recommends the appeal of the drc decision be denied therefore affirming the decision upholding the approval. Live a little for any questions that you might him. There will come a time for that thank you you. A quick clarification and in that you unless I missed something I thought you won over 3 issues issues 1, 2, 6, in the there's 11 issues. >> And I responded to each of those 11 in your staff memo, I just didn't have added didn't have time to cover it because speak to I just went over the zoning and future land use which our that our main issues in that. Thank you. >> Thank you Councilman As I got older my memory, Wayne's I'm thinking we didn't read the title did we and there was no title. There's no title, okay, checking boxes off. The next a presentation is by the applicant the 10 minute presentation by the applicant. Morning Mister Masry the morning. My name is Don master of my dresses 200 Central Avenue. I agree with everything in the have been sworn in and I agree with the staff's presentation. I even agree more with the part of the staffs. Report it was so like the that she could not report on but it totally supports denial of the appeal. I represent the owner and the real question is for to prove the construction of a 21 story 250. Foot high mixed use bill May have a 270 units and 10,890 square feet of commercial space. As you've heard it will be a 3 story base with the tower on top of that in the tower is set back anywhere from 25 to a 121 feet from the from the sidewalk and property line. The step back of the tower is similar to what you require the 60 degree angle on Beach drive. But it is not required in this district. But it has us we have built a building or proposed a building that complies with that the project is 50 feet below the maximum permitted by this district in 2005. This commission as well as the drc approved a 25 story building which was 341 feet or 91 feet taller than the proposed building that approval expired in 26 states. The application food. The drc at no variances it was an over its application and that the are set for 16 relevant. The missions that date you are to consider. As well as the drc it's not required that they all be met, but they all be considered too in this situation, there's no question that 15 of the 16 have been met the drc so prove as well as the staff. In in our narrative and I would briefly go through and in a summary fashion or are a narrative we set forth 10 policies and objectives of the Qom plant which made the project consistent with the Qom plant. The site has a valid land use and zoning and the for a project meets all the requirements of the relevant considerations of 3 3rd 1315 16 and they dealt with in dress and egress off Street parking traffic impacts signage exterior lighting orientation and location of the building compatibility of the residential use with other properties in the neighborhood. The $69 million project will increase the tax base and property taxes. The there are no substantial detrimental effects resulting from a residential use which is consistent with the President Use all set back screening in buffer requirements are met and 3 sides of the project or. Have public right of ways you have fish Street 3rd Street in the East West alley on the south side. The project will have a 15 foot separation on the ground from the existing. Former first Congregational Church in right now there is absolutely no separation and when you get up to the base of 40 feet is going to be another 15 feet so the building has been Sept the tower will be have a separation of 30 feet from the church building. The land is sufficient for the use the site is not a hurricane but on the role of his own and also the adopted levels of services have been met the forthcoming relevant considerations say deals with sensitivity of development. 2 on site and adjacent historic resources related to scale mass and building materials, Mister Derek yule born as a manager of the urban planning in historic preservation wrote I will quote him this proposal is not consistent with criterion for today because it will result in demolition of 4 contributing resources to the downtown. St. Petersburg register. Despite this obvious conclusion. The applicant has demonstrated sensitivity towards the Jason historic resources. Using the building design elements described above. I have. Certainly respect there. And he the person that I have always are selected however history in this case is truly novel. He is saying we're. He's not saying we're not sensitive to the nearby historic buildings. He saying we're not going to be sensitive to the buildings on the site that we're going to demolish that are not protected buildings. That is a totally new novel theory and if it would apply. It would result in designation of these buildings without going through the designation process. It's never been done in this city before and I hope it will not be done in this case. He it's a that he acknowledge these buildings are not of the potentially eligible list. They're not in a designated historic district and they're not on any of the supplemental updated potential eligible lists. The properties. On the 38 updated, potentially eligible list. The fact that the buildings are in the downtown National register though does not provide any protection. A few months ago in a different case of city staff testified to that effect and I have given the Clark and you can look in in the city's website on preservation in it says and I will quote being an aide the downtown National register is larger e a rare. In the listing a property in the National register does not place restrictions on a private property owners, future alterations unless federal assistance is involved in the project and we have no federal assistance involved in this project clearly on its face the city states that these buildings are not protected. This to follow the code as I said to file the conclusion if they are protected it's a backdoor designation of the buildings without going to the designation process in spite of that. What Mister Colborne said I want to read to you what he says about the project and these are going to be quotes. He says the subject property does not include any local landmarks nor is it located with a in a local historic district. Balance the proposed development is sensitive to the development of adjacent sites. The overall building height this 200 feet as previously noted this proposed plan is 91 feet shorter or 27 feet shorter than previously approved. The overall building height is mitigated by use of a building pedestal and alignment of that our element at the easternmost property line. The base height is approximately 40 feet. Well, the proposals slightly exceeds the height of adjacent buildings along 3rd Avenue and 5th Street, the design team as considered whores on continuity with the height of surrounding buildings. Furthermore the facade include certain design elements to further reduce the perception of height these are all Mister Killed warns statements in his memo to the planning or the applicants proposal appears to replicate the current building configurations demonstrating a 2 story base with articulated 3rd story. On to our set back tougher foes. Site development plan aligns with our element at the easternmost property line. This position minimizes the visual impact upon the park-like setting a 5th of the 5th Street corridor. And the tower is further of scared by the building pedestal which contributes to the more pedestrian design an experience of the high rise building. He then says this bill proposal does not obscure character defining elements of the first Congregational Church and the pulse and apartments with respect to vehicle or access. He states that. Excesses along 3rd Avenue North and that is the front for location for several reasons. States the proposal in concluding the proposal is not consistent with her fracture and 14 because it will result in the demolition of 4 contributing resources to the downtown National register district. Despite this conclusion, the applicant has demonstrated sensitivity towards adjacent resources using the building orientation and design elements I would also add though that you you look at the chart on page 4 of Mister Kill borns. Memo that these buildings are an event contributed their potentially contributing. I'm the column potentially contributing to the National district. That's not contributing. Mr. Koelma your own and saying that the is not being sensitive in any way to buildings that are protected. They're not designated in any way that on the for potentially eligible list. I'm not sure what is a historic building because there is no definition in our l the ours and but I do know that most every new building in downtown St. Petersburg demolished the building that was 50 years old in order to build a new building on it. And it has never been raised unless it was a historic building that you couldn't modest the building. Staff is recommending approval subject to 14 special conditions. And special condition number 5 inclusive for special conditions of Mister Colborne which the applicant has agreed to comply with each and every one of those Commission conditions. The drc as you've heard of prove this by 7 nothing. >> Thank you Mister Masry. >> Next presentation will be by the register opponent, a pilot. I believe that Mister Peter Belmont we have more preserve the Burg I guess okay. No one is registered Mr. I'm sorry But I just clicked that presentation. That the one that you know okay. What we do Derrick. The chart that Mister Masry for 2 on page 4 which report is that in our back up. Of sight could you Mister Masry refer to your chart on page 4 of your report and I was trying to find that. Which report is Mister Masry referring to. >> Yeah there is in your report material there is an attachment which was a memo. Written by me okay did Nov., second 2000 and I know which one that find thanks. Thank you back up because of the nature. Thank you. >> I mean I am win. And Peter Beaumont and I are both can represent preserve the bird today. I am the President Of the Board of preserve the Burgum also professional preservationist and. My question opinion is what I'm going to discuss today in regards to the historic resources on this site. What makes him a concert start. The proposed development is grossly insensitive to the historic resources in the near Lake. Area as well as the National register historic district. Our could require sensitivity of development 2 historic resources. Both on site and adjacent the new development must be compatible with existing historic resources, particularly in scale and amassing this does not this new proposal does not meet these criteria and I urge you to deny that development request. I also urge you to consider create initiating a locally designated historic district with in the National register district around near Lake. This district we're happy locally designated district we would have a process for considering development requests and so they would not have to have these fraught City Council meetings consistently. First I think we can all agree near Lake is a special place. Nearly represents Saint Peter's Merck. In its heyday. We have buildings from pre World War. The booming 19 pre road where one the booming 1920's. The post-war 1950's we even have some importance buildings from that more are potentially difficult 60's 70's that we have to consider. We have some of our most recognizable landmarks are here. This portion of Mir like of our national register district is one of the most intact portions of our national register district that exists. I would argue that it's got an incredible concentration of historic resources in historic buildings. And one thing to remember is historic resources are not static. Over time we have to re evaluate what is significant as the city what's significant to us. The yellow actually represents contributing buildings, the pink represents non contributing. And I would argue that some of these not much of a team, but if they were to be reevaluated would be considered contributing to the locally designated district as well as the number of locally designated landmarks. Individually listed buildings potentially eligible buildings on our current list going to have been surveyed as part of the Florida master site file. The adjacent buildings around this Construction are some of the most recognizable we have in St. Petersburg in addition to near Lake. The icm We have. The Paulson apartments, the orange blossom the Randolph hotel, the Colburn apartments. But the shuffleboard club that same even City Hall. On the exact site. The resources all date between 19 16 in 1924. This represents the oldest intact block that we have of historic resources all of which will be demolished if we construct the structure. We have an incredible sense of place you can stand on this corner and you feel how important this neighborhood is how it really defines us as a city. This is the nafta talk about however, this is the architecture of the everyday. This block is remarkably intact. It's a complete collection and really what's important is very typical this. This is a typical early St. Development it really represents who we are it's particularly special. 5 of the historic tourist departments. I wanted to highlight that are going to be demolished because they're all should be considered a stark resources. The first one you'll see is the Lucerne department, it's the newest it was constructed in 1924 by cb fortune. The next we'll see is the hunt apartments that mission revival style constructed in 1916. Then I'm moving around moving clockwise. You've got the park ii apartments when my favorites constructed in 1916 and moved by a she case to the site in 1918 so already constructed moved around the corner and be an. In the East again that they walk apartments that was his make clockwise but the diva developments in 1916. This actually built by master builder Charles de Bois he is responsible for the sunset hotel. The municipal power plant the deficit, how among them a number of other ones. And the 3rd floor was added in 19 24 to the structure and then that they walk apartments constructed in 1916 because of the very typical Miss The collection of this. These apartments are really represent who we are as a city and also to point out to accessory structures behind the Bay walk apartments, we 1918 Constructors his 1920 constructed a residence and then the garages actually shot better 1918 Sanborn maps and the earliest crisis. But they're more than the sum of the parts and that someone say these are all more than the sum of their parts it's a collection of structures that are going to be in March that will be particularly damaging to our local historic district by allowing this high rise. We are damaging the captive or national register district. If a character that draws people to our city. The proposal is inappropriate in scale and massing and low detrimental effect to start resources numb to turn over to Peter for. >> Thank you good morning, Peter Beaumont representing preserve the bird. I want to go back to maybe where I was a. And it was last time was here not and briefly review with you some of. I think the issues that have been settled in pass proceedings and again I worry for you to the. Kaye said involved the 5th Avenue project to some 10 years ago where the city was faced with the task of defending in court. City Council saying no to a project because it was incompatible with the neighborhood and so even though this was 10 years ago in what we call. The old code it's important to understand the compatibility criteria are exactly the same today as they were 10 years ago. They work the same and I would submit to you it doesn't matter that this case involved the a project in the dc to zoning district not that the c one district at the time we called cbd one into because again the compatibility criteria apply across the board. In all of the downtown districts. One important thing is and again this was said to the court it's about the neighborhood a project must meet the city's compatibility requirements before being entitled to approval, it's not enough to meet the f a r it's not enough to meet the height requirements you have to be compatible with the neighborhood and the focus is on the neighborhood. The evidence at that hearing like I think you're going here today was about the neighborhood it's not about downtown as a whole it's not about the zoning district as a whole it's about the neighborhood and that's exactly what this the city said that the court to defend the City Council decision. The neighbors did not object to the development the property. They objected to the development in the wrong place too small of a track a land be too tall in massive been blocked the view because of that evidence and testimony the city told the court councils was correct in saying no to that development just as I would say just you would be today. The comprehensive plan. The told the court that project was inconsistent with the comprehensive plan because it would be totally contrary to established character of the neighborhood. The important thing to understand about the conference of plan is it says that your review criteria, this is at the bottom of the screen. Will include criteria that ensure sensitivity and protections I would submit to you that when the city talks about sensitivity. That's not enough has to be sensitive and protective of the historic resource and that's required by the comprehensive plan. The 5th Avenue case there are a variety compatibility criteria that the city told the court were not satisfied and again it's about the neighborhood again I would say the important thing here is it was about downtown as a whole or if you are supposed to compare the project to the zoning district as a whole that's what your criteria would say it would be very easy where it says for example with properties in the neighborhood for the code to have said with properties in downtown if that was the intent. It doesn't say that if the intent was to compare the project too everything else within the zoning district again it would say that in your code it says neighborhood. We May have some dispute about exact. What is the neighborhood. But I would submit to you it's clear it's not downtown as a whole. It's not his own index as a whole uses an important issue. use is not just residential use includes. The idea of what is the building and again the city told the court it's the broader definition in the comp plan that controls when you talk about use the compatibility criteria you're talking about the Qom plant that definition and it is very much about the building the density and the visual impact. >> As a. Mr. Masters said that although he disagrees with how they came to it. This is your staff a conclusion, it's not consistent with one of the criterion. However all the way they believe the demonstrated sensitivity but again sensitivity and protection. Thank you. Thank you. >> Mister Corker Madam I don't expect that you counted every single card, but can you give me some estimate cards we have. >> I have Mister Chair we received 45 cards, no call to names of the time we begin. And Mister Chair and notice I think certain people came in after the swearing-in seems might just want to have the clerk refresh that for anybody who's not already been sports more who wishes to me. A handful of people I think you came before I say this I must say it's a joke but. If I don't swear men they'll be less people if you were not sworn in this morning for this business item. The rest of you need to sit down please if you are not sworn in this morning for this business item please stand up if you plan on speaking. You could make notation if there's any doubt in the overflow of they withstand as well. Well they need if you're down in the overflow and you can hear me and you come up here you need to tell us that you weren't sworn. Okay. So those of you that are standing right now if you please raise your right hand. Listen the Madam Clerk. Truth and nothing but great. Ok, here's what we're going to do. I want to respect a person that that probably has the hardest job here that's the court reporter. You try you try and take The last 30 minutes of people trying to talk as fast as they can because they got 10 minutes to talk. Until you try it if that's the toughest thing. I'm not going to break during the public hearing I want the public hearing to be uninterrupted. Okay, so what I do right now is I'm going to take a 5 to 7 minute break on the left the court reporter Esther fingers because she's about to go. A 135 minutes without a stop okay. So we're going to take a 5 to 7 minute break. We're going to start the public hearing and I'm not going to interrupt a public hearing we're going to get the public hearing done. And right after the public hearing we'll see where we are but we are going to break for lunch at 1230. Just given the adds up for that. So we'll see where we are after the 135 or 40 minutes of public hearing, but right now we're going to take a 5 to 7 minute break. Thank you. >> Is this the part where like a kook it's a timely of my headphones are. >> You can't fail. You can get your safety in the spot you can Freese a kid together. Who doesn't love a big bad. We'll be live in the us. >> Code speak for 15 minute. We're going to begin the public hearing when your name is called please come to one podium of the other. The reason we call 2 names is so that we can have a continuous. Folks in turn use our time efficiently. Clerk of you please read the first 2 names. And that Conner you know what let's give a heads up to the next 2 people. The Herald sun and Lucy trimarco. >> I forget which name got called first, but whoever you were please go ahead. Ok, my names aren't going to like about Jim to lie to you. I'm just here to speak in opposition to this development. I understand the need in the city for for development for increased tax base, but when we do this we really have to be sensitive to the things that make our city special and this destroys what gives our city character and uniqueness this is why people come here, this is what drives property values and we need to be able to preserve that in terms of how this is compatible with that neighborhood I think w